Case Detail

FOIA Project Annotation: Ruling in a suit brought by the Center for Biological Diversity against the Interior Department for records about the Trump administration's decision to lift the moratorium on coal leasing activities related to Secretarial Order 3338, which was published in the Federal Register on March 28, 2017, Judge Beryl Howell has found that the agency failed to show that it had conducted an adequate search for records responsive to several portion of the six-categories identified in CBD's FOIA request. CBD particularly challenged the agency's failure to find responsive records in the Office of the Secretary. Howell began by outlining the categories of records requested by CBD concerning former Interior Secretary Ryan Zinke. Those included personal devices and communications, government devices and accounts, as well as records held or related to the Trump Transition Team, particularly those pertaining to David Bernhardt, who led the Trump Transition for DOI and later became Secretary himself after Zinke resigned. Howell pointed out that "the significance of the missing drafts and Secretary-level communications cannot be understated in assessing the sufficiency of DOI's declarations describing the search." Interior argued that under the D.C. Circuit's holding in Iturralde v. Comptroller of the Currency, 315 F.3d 311 (D.C. Cir. 2003), the fact that an agency did not uncover any documents in its search was not by itself an indication that the search was inadequate. But Howell pointed out that an exception to Itutrralde was when there was reason to believe records should have existed. Here, she explained that "as to the missing drafts of Secretarial Order No. 3348, plaintiff points to the fact that the Order was signed by Secretary Zinke on March 29, 2017, which fact alone gives ample cause to believe that at the time of DOI's initial search later that year, at least one draft should have been among the agency's records. Plaintiff correctly notes that DOI is required, under the Federal Records Act and its implementing regulations" to document its policies. Thus, affording DOI the 'presumption of regularity' to which it claims to be entitled that agency employees comply with applicable law, plaintiff has met its burden to show that drafts or, at a minimum, notes or other documents reflecting the formulation of, Secretarial Order No. 3348 must have existed at the time of the search." She observed that "even without the backdrop of the FRA, plaintiff's belief that drafts of the Order may exist carries more than just speculative weight. To accept the premise that no such documents exist would lead to the conclusion that Secretarial Order No. 3348, a Cabinet-level directive directly responsive to Executive Order 13783, signed by Secretary Zinke the day after Executive Order 13783 was issued, was somehow developed in the intervening twenty-four-hour period without any prior planning, revisions, review, or discussions within DOI or between DOI and the White House. That conclusion defies credulity." Howell found it equally incredible to believe DOI's alternative theory that "Secretary Zinke himself neither reviewed even one draft of, nor engaged in any substantive communications about, the order he was poised to sign." Howell pointed out that the agency's alternative theory posited that "Secretary Zinke adopted an order overturning current agency practice and precedent without engaging in any substantive discussions or communications about either the decision to implement the order or the language to be used. The agency's alternative theory is indeed highly implausible and, if true, deeply troubling." She pointed out that under Aguiar v. DEA, 865 F.3d 730 (D.C. Cir. 2017), an agency affidavit that only identified the components searched without explaining how the search was conducted was inadequate. She indicated that "applying those criteria here, DOI's primary declaration in support of its search fails to pass muster." She noted that "as to search terms, DOI states that custodians were instructed to 'base their search on the subject matter of Secretarial Order No. 3338,' but this vague statement does not provide sufficient information as to the exact search terms used by custodians in carrying out the search, an omission that is of particular concern with respect to custodians' search of electronic records. Nor does the declaration provide a clear idea of how custodians went about retrieving and searching their electronic files." Howell also pointed out the relevance of the recent D.C. Circuit decision in In re Clinton, 973 F.3d 106 (D.C. Cir. 2020), where the D.C. Circuit ruled that a district court judge could not require an agency to conduct an Federal Records Act-like inquiry to uncover purely hypothetical records. She observed that "when considering a challenge under the FRA, the reviewing court may reach the broader question of 'whether there might exist any other documents' sought by plaintiff, even if the plaintiff can point to nothing more than speculation of its claim that that the agency has withheld such documents. In contrast, this inquiry is foreclosed by FOIA unless a plaintiff proffers more than speculation in support of its claim that documents exist, and even then, review centers on the adequacy of the agency's efforts to locate the missing records rather than the success of those efforts." She noted that "plaintiff's assertion that these two sets of records must exist and are conspicuously absent from DOI's productions is. . .a common-sense assumption based on the premise that the agency complies with federal law when developing and adopting policies, not speculation." She added that "even if plaintiff's claims were speculative, DOI's descriptions of its searches are facially inadequate, requiring remand to the agency independent of any further doubts cast on its declarations by plaintiff." DOI claimed it was stymied in searching Zinke's personal devices because he no longer worked for the government. While Howell noted that Zinke's government-issued phone had been searched, she agreed with CBD that "plaintiff's contention that responsive records may be located on former Secretary Zinke's personal devices or accounts is more than mere speculation, but entirely common sense. If, as DOI claims, the agency has truly exhausted its search of its own records, former Secretary Zinke's personal devices and accounts are the next logical place to search for drafts that the Secretary should have reviewed and his related communications." She indicated that the agency must contact Zinke and ask him to search for any agency records he might have on his personal devices and to then make them available to the agency. Howell found that records of the transition team were no subject to FOIA. She pointed out that "to the extent that plaintiff requests that DOI be required to search files held by the Transition Team or Bernhardt, third parties to the litigation who are not agencies or agency employees, FOIA does not provide for such a remedy." However, she indicated that "the agency must either clarify in its declarations the extent to which its searches to date encompassed and identified records consisting of correspondence between DOI employees and the Trump Transition Team or expand its search to include these records."
Issues: Search - Reasonableness of search

Date Filed	Doc #	Docket Text
2017-06-20	1	COMPLAINT against U.S. BUREAU OF LAND MANAGEMENT ( Filing fee $ 400 receipt number 0090-4997733) filed by CENTER FOR BIOLOGICAL DIVERSITY. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons, # 4 Summons)(Atwood, Amy) (Entered: 06/20/2017)
2017-06-20		Case Assigned to Chief Judge Beryl A. Howell. (zsb) (Entered: 06/20/2017)
2017-06-20	2	SUMMONS (3) Issued Electronically as to U.S. BUREAU OF LAND MANAGEMENT, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Consent Form)(zsb) (Entered: 06/20/2017)
2017-06-20	3	STANDING ORDER. Signed by Chief Judge Beryl A. Howell on June 20, 2017. (lcbah3) (Entered: 06/20/2017)
2017-06-21	4	Corporate Disclosure Statement by CENTER FOR BIOLOGICAL DIVERSITY. (Snape, William) (Entered: 06/21/2017)
2017-07-11	5	NOTICE of Appearance by Scott Leeson Sroka on behalf of U.S. BUREAU OF LAND MANAGEMENT (Sroka, Scott) (Entered: 07/11/2017)
2017-07-26	6	AMENDED COMPLAINT against All Defendants filed by CENTER FOR BIOLOGICAL DIVERSITY.(Snape, William) (Entered: 07/26/2017)
2017-07-28	7	Consent MOTION for Extension of Time to File Answer re 6 Amended Complaint by U.S. BUREAU OF LAND MANAGEMENT (Sroka, Scott) (Entered: 07/28/2017)
2017-07-31		MINUTE ORDER (paperless) GRANTING the defendants' unopposed 8 Motion for Extension of Time. Accordingly, the defendants shall, by August 25, 2017, file an answer or otherwise respond to the plaintiff's 6 Amended Complaint. Signed by Chief Judge Beryl A. Howell on July 31, 2017. (lcbah3) (Entered: 07/31/2017)
2017-07-31		Set/Reset Deadlines: Answer to the Amended Complaint due by 8/25/2017. (tg) (Entered: 07/31/2017)
2017-08-25	8	ANSWER to 6 Amended Complaint by U.S. BUREAU OF LAND MANAGEMENT, U.S. DEPARTMENT OF THE INTERIOR. Related document: 6 Amended Complaint filed by CENTER FOR BIOLOGICAL DIVERSITY.(Sroka, Scott) (Entered: 08/25/2017)
2017-09-07	9	JOINT STATUS REPORT (Snape, William) Modified title on 9/8/2017 (tg). (Entered: 09/07/2017)
2017-09-08		MINUTE ORDER (paperless) ORDERING, in light of the parties' 9 Joint Status Report, that the parties file a Joint Meet and Confer Report by November 30, 2017. Signed by Chief Judge Beryl A. Howell on September 8, 2017. (lcbah3) (Entered: 09/08/2017)
2017-09-11		Set/Reset Deadlines: Joint Meet & Confer Statement due by 11/30/2017. (tg) (Entered: 09/11/2017)
2017-11-30	10	Joint STATUS REPORT. (Snape, William) Modified event title on 12/1/2017 (znmw). (Entered: 11/30/2017)
2017-11-30		MINUTE ORDER (paperless) ORDERING, in light of the parties' 10 Meet and Confer Statement, that the parties file, by March 16, 2018, a joint status report informing the Court whether any issues remain between the parties, and, if so, proposing a schedule to govern further proceedings in this case. Signed by Chief Judge Beryl A. Howell on November 30, 2017. (lcbah3) (Entered: 11/30/2017)
2017-11-30		Set/Reset Deadlines: Joint Status Report due by 3/16/2018. (tg) (Entered: 11/30/2017)
2018-03-16	11	Joint STATUS REPORT by U.S. BUREAU OF LAND MANAGEMENT, U.S. DEPARTMENT OF THE INTERIOR. (Sroka, Scott) (Entered: 03/16/2018)
2018-03-16		MINUTE ORDER (paperless) DIRECTING, in light of the parties' 11 Joint Status Report, that the parties meet and confer following the defendants' final production of records, and file, by August 17, 2018, a joint status report informing the Court whether any issues remain between the parties, and, if so, proposing a schedule to govern further proceedings in this case. Signed by Chief Judge Beryl A. Howell on March 16, 2018. (lcbah3) (Entered: 03/16/2018)
2018-03-16		Set/Reset Deadlines: Joint Status Report due by 8/17/2018. (tg) (Entered: 03/16/2018)
2018-08-15	12	Joint STATUS REPORT by U.S. BUREAU OF LAND MANAGEMENT, U.S. DEPARTMENT OF THE INTERIOR. (Sroka, Scott) (Entered: 08/15/2018)
2018-08-16		MINUTE ORDER (paperless) DIRECTING, in light of the parties' 12 Joint Status Report, that the parties meet and confer following the Defendants' final production of records, and file, by November 9, 2018, a joint status report informing the Court whether any issues remain between the parties, and, if so, proposing a schedule to govern further proceedings in this case. Signed by Chief Judge Beryl A. Howell on August 16, 2018. (lcbah3) (Entered: 08/16/2018)
2018-08-16		Set/Reset Deadlines: Joint Status Report due by 11/9/2018. (tg) (Entered: 08/16/2018)
2018-11-09	13	Joint STATUS REPORT by U.S. BUREAU OF LAND MANAGEMENT, U.S. DEPARTMENT OF THE INTERIOR. (Sroka, Scott) (Entered: 11/09/2018)
2018-11-13		MINUTE ORDER (paperless) DIRECTING, upon consideration of the parties' 13 Fifth Joint Status Report, the parties to file, by January 9, 2019, a joint status report advising the Court whether any disputes remain between the parties and, if so, a proposed schedule to govern further proceedings. Signed by Chief Judge Beryl A. Howell on November 13, 2018. (lcbah3) (Entered: 11/13/2018)
2018-11-13		Set/Reset Deadlines: Joint Status Report due by 1/9/2019. (tg) (Entered: 11/13/2018)
2019-01-04	14	MOTION to Stay , MOTION for Extension of Time to in Light of Lapse of Appropriations by U.S. BUREAU OF LAND MANAGEMENT (Attachments: # 1 Text of Proposed Order)(Hudak, Brian) (Entered: 01/04/2019)
2019-01-07		MINUTE ORDER (paperless) EXTENDING, upon consideration of the defendants' 14 Motion for a Stay and Extension of Time in Light of Lapse of Appropriations, the deadline for the parties to file a joint status report set forth in the Court's November 13, 2018 Minute Order, and ORDERING the parties to file, within two business days of Congress appropriating funds for the defendants, a joint status report proposing a schedule to govern further proceedings. Signed by Chief Judge Beryl A. Howell on January 7, 2019. (lcbah3) (Entered: 01/07/2019)
2019-01-29	15	Joint STATUS REPORT by U.S. BUREAU OF LAND MANAGEMENT, U.S. DEPARTMENT OF THE INTERIOR. (Sroka, Scott) (Entered: 01/29/2019)
2019-01-29		MINUTE ORDER (paperless) DIRECTING, upon consideration of the parties' 15 Joint Status Report, the parties to file, by March 1, 2019, a joint status report advising the Court whether any disputes remain between the parties and, if so, a proposed schedule to govern further proceedings. Signed by Chief Judge Beryl A. Howell on January 29, 2019. (lcbah3) (Entered: 01/29/2019)
2019-01-29		Set/Reset Deadlines: Joint Status Report due by 3/1/2019. (tg) (Entered: 01/29/2019)
2019-02-28	16	Joint STATUS REPORT by U.S. BUREAU OF LAND MANAGEMENT, U.S. DEPARTMENT OF THE INTERIOR. (Sroka, Scott) (Entered: 02/28/2019)
2019-02-28		MINUTE ORDER (paperless) DIRECTING, upon consideration of the parties' 16 Joint Status Report, the parties to file, by April 8, 2019, a joint status report advising the Court whether any disputes remain between the parties and, if so, a proposed schedule to govern further proceedings. Signed by Chief Judge Beryl A. Howell on February 28, 2019. (lcbah3) (Entered: 02/28/2019)
2019-03-01		Set/Reset Deadlines: Joint Status Report due by 4/8/2019. (tg) (Entered: 03/01/2019)
2019-04-08	17	Joint STATUS REPORT by U.S. BUREAU OF LAND MANAGEMENT, U.S. DEPARTMENT OF THE INTERIOR. (Sroka, Scott) (Entered: 04/08/2019)
2019-04-09		MINUTE ORDER (paperless) DIRECTING, upon consideration of the parties' 17 Joint Status Report, the parties to file, by August 1, 2019, a joint status report advising the Court whether any disputes remain between the parties, and if so, a proposed schedule to govern further proceedings. Signed by Chief Judge Beryl A. Howell on April 9, 2019. (lcbah3) (Entered: 04/09/2019)
2019-04-09		Set/Reset Deadlines: Joint Status Report due by 8/1/2019. (tg) (Entered: 04/09/2019)
2019-07-30	18	Joint STATUS REPORT by U.S. BUREAU OF LAND MANAGEMENT, U.S. DEPARTMENT OF THE INTERIOR. (Sroka, Scott) (Entered: 07/30/2019)
2019-07-31		MINUTE ORDER (paperless) DIRECTING, upon consideration of the parties' 18 Joint Status Report, the parties to file, by August 26, 2019, a joint status report advising the Court whether any disputes remain between the parties, and if so, a proposed schedule to govern further proceedings. Signed by Chief Judge Beryl A. Howell on July 31, 2019. (lcbah3) (Entered: 07/31/2019)
2019-07-31		Set/Reset Deadlines: Joint Status Report due by 8/26/2019. (tg) (Entered: 07/31/2019)
2019-08-26	19	Joint STATUS REPORT Regarding Delay by CENTER FOR BIOLOGICAL DIVERSITY. (Snape, William) (Entered: 08/26/2019)
2019-08-27		MINUTE ORDER (paperless) DIRECTING, upon consideration of the parties' 19 Joint Status Report, the parties to file, by October 1, 2019, a joint status report advising the Court whether any disputes remain between the parties, and if so, a proposed schedule to govern further proceedings. Signed by Chief Judge Beryl A. Howell on August 27, 2019. (lcbah3) (Entered: 08/27/2019)
2019-08-28		Set/Reset Deadlines: Joint Status Report due by 10/1/2019. (hmc) (Entered: 08/28/2019)
2019-10-01	20	Joint STATUS REPORT by U.S. BUREAU OF LAND MANAGEMENT, U.S. DEPARTMENT OF THE INTERIOR. (Sroka, Scott) (Entered: 10/01/2019)
2019-10-01		MINUTE ORDER (paperless) DIRECTING, upon consideration of the parties' 20 Joint Status Report, the parties to file, by November 1, 2019, a joint status report advising the Court whether any disputes remain between the parties, and if so, a proposed schedule to govern further proceedings. Signed by Chief Judge Beryl A. Howell on October 1, 2019. (lcbah3) (Entered: 10/01/2019)
2019-10-01		Set/Reset Deadlines: Joint Status Report due by 11/1/2019. (hmc) (Entered: 10/01/2019)
2019-10-31	21	Joint STATUS REPORT by U.S. BUREAU OF LAND MANAGEMENT, U.S. DEPARTMENT OF THE INTERIOR. (Sroka, Scott) (Entered: 10/31/2019)
2019-11-01		MINUTE ORDER (paperless) DIRECTING, upon consideration of the parties' 21 Joint Status Report, the parties to file, by December 2, 2019, a joint status report advising the Court whether any disputes remain between the parties, and if so, a proposed schedule to govern further proceedings. Signed by Chief Judge Beryl A. Howell on November 1, 2019. (lcbah3) (Entered: 11/01/2019)
2019-11-04		Set/Reset Deadlines: Joint Status Report due by 12/2/2019. (tg) (Entered: 11/04/2019)
2019-12-02	22	Joint STATUS REPORT by U.S. BUREAU OF LAND MANAGEMENT, U.S. DEPARTMENT OF THE INTERIOR. (Sroka, Scott) (Entered: 12/02/2019)
2019-12-02		MINUTE ORDER (paperless) DIRECTING, upon consideration of the parties' 22 Joint Status Report, the parties to file, by January 6, 2020, a joint status report advising the Court whether any disputes remain between the parties, and if so, a proposed schedule to govern further proceedings. Signed by Chief Judge Beryl A. Howell on December 2, 2019. (lcbah3) (Entered: 12/02/2019)
2019-12-03		Set/Reset Deadlines: Joint Status Report due by 1/6/2020. (tg) (Entered: 12/03/2019)
2020-01-06	23	Joint STATUS REPORT by U.S. BUREAU OF LAND MANAGEMENT, U.S. DEPARTMENT OF THE INTERIOR. (Sroka, Scott) (Entered: 01/06/2020)
2020-01-06		MINUTE ORDER (paperless) DIRECTING, upon consideration of the parties' 23 Joint Status Report, the parties to file, by March 2, 2020, a joint status report advising the Court whether any disputes remain between the parties, and if so, a proposed schedule to govern further proceedings. Signed by Chief Judge Beryl A. Howell on January 6, 2020. (lcbah3) (Entered: 01/06/2020)
2020-01-06		Set/Reset Deadlines: Joint Status Report due by 3/2/2020. (tg) (Entered: 01/06/2020)
2020-03-02	24	NOTICE OF SUBSTITUTION OF COUNSEL by Darrell C. Valdez on behalf of U.S. BUREAU OF LAND MANAGEMENT, U.S. DEPARTMENT OF THE INTERIOR Substituting for attorney Scott Leeson Sroka (Valdez, Darrell) (Entered: 03/02/2020)
2020-03-02	25	Joint STATUS REPORT by U.S. BUREAU OF LAND MANAGEMENT, U.S. DEPARTMENT OF THE INTERIOR. (Valdez, Darrell) (Entered: 03/02/2020)
2020-03-02		MINUTE ORDER (paperless) DIRECTING, upon consideration of the parties' 25 Joint Status Report, the parties to file, by June 8, 2020, a joint status report advising whether any disputes remain between the parties, and if so, a proposed schedule to govern further proceedings. Signed by Chief Judge Beryl A. Howell on March 2, 2020. (lcbah3) (Entered: 03/02/2020)
2020-03-02		Set/Reset Deadlines: Joint Status Report due by 6/8/2020. (tg) (Entered: 03/02/2020)
2020-06-08	26	Joint STATUS REPORT by U.S. BUREAU OF LAND MANAGEMENT, U.S. DEPARTMENT OF THE INTERIOR. (Valdez, Darrell) (Entered: 06/08/2020)
2020-06-09		MINUTE ORDER (paperless) DIRECTING, upon consideration of the parties' 26 Joint Status Report, the parties to file, by August 10, 2020, a joint status report advising whether any disputes remain between the parties, and if so, proposing a schedule to govern further proceedings. Signed by Chief Judge Beryl A. Howell on June 9, 2020. (lcbah3) (Entered: 06/09/2020)
2020-06-10		Set/Reset Deadlines: Joint Status Report due by 8/10/2020. (ztg) (Entered: 06/10/2020)
2020-08-10	27	Joint STATUS REPORT by CENTER FOR BIOLOGICAL DIVERSITY. (Snape, William) (Entered: 08/10/2020)
2020-08-10		MINUTE ORDER (paperless) DIRECTING, upon consideration of the parties' 27 Joint Status Report, the parties to file, by September 11, 2020, a joint status report advising whether any disputes remain between the parties, and if so, proposing a schedule to govern further proceedings. Signed by Chief Judge Beryl A. Howell on August 10, 2020. (lcbah3) (Entered: 08/10/2020)
2020-08-10		Set/Reset Deadlines: Joint Status Report due by 9/11/2020. (hmc) (Entered: 08/10/2020)
2020-09-11	28	Joint STATUS REPORT by U.S. BUREAU OF LAND MANAGEMENT, U.S. DEPARTMENT OF THE INTERIOR. (Valdez, Darrell) (Entered: 09/11/2020)
2020-09-14		MINUTE ORDER (paperless) ISSUING, upon consideration of the parties' 28 Joint Status Report, the following Scheduling Order to govern the timing of further proceedings in this matter: (1) by October 26, 2020, defendants shall file any motion for summary judgment and Vaughn index; (2) by November 25, 2020, plaintiff shall file any opposition and any cross-motion for summary judgment; (3) by December 11, 2020, defendants shall file any reply and cross-opposition; and (4) by January 5, 2021, plaintiff shall file any cross-reply. Signed by Chief Judge Beryl A. Howell on September 14, 2020. (lcbah3) (Entered: 09/14/2020)
2020-09-15		Set/Reset Deadlines: Vaughn Index due by 10/26/2020; Summary Judgment motion due by 10/26/2020; cross-motion and opposition to motion for summary judgment due by 11/25/2020; opposition to cross-motion and reply to opposition to motion for summary judgment due by 12/11/2020; reply to opposition to cross-motion due by 1/5/2021. (ztg) (Entered: 09/15/2020)
2020-10-26	29	MOTION for Summary Judgment by U.S. BUREAU OF LAND MANAGEMENT, U.S. DEPARTMENT OF THE INTERIOR (Attachments: # 1 Statement of Facts, # 2 Declaration Fairman, # 3 Declaration Alspach, # 4 Exhibit A, # 5 Exhibit B, # 6 Text of Proposed Order)(Valdez, Darrell) (Entered: 10/26/2020)
2020-11-25	30	MOTION for Partial Summary Judgment and Opposition to Defendants' Motion by CENTER FOR BIOLOGICAL DIVERSITY (Attachments: # 1 Memorandum in Support and In Opposition to Defendants' Motion, # 2 Statement of Facts and Reply to Defendants' Statement of Facts, # 3 Declaration William Snape, # 4 Declaration Amy Atwood, # 5 Text of Proposed Order, # 6 Exhibit One, # 7 Exhibit Two, # 8 Exhibit Three, # 9 Exhibit Four, # 10 Exhibit Five, # 11 Exhibit Six, # 12 Exhibit Seven, # 13 Exhibit Eight, # 14 Exhibit Nine, # 15 Exhibit Ten, # 16 Exhibit Eleven, # 17 Exhibit Twelve)(Snape, William) Modified on 12/2/2020 (znmw). (Entered: 11/25/2020)
2020-11-25	31	Memorandum in opposition to re 29 MOTION for Summary Judgment filed by CENTER FOR BIOLOGICAL DIVERSITY. (See Docket Entry 30 to view document). (znmw) (Entered: 12/02/2020)
2020-12-11	32	Memorandum in opposition to re 30 MOTION for Partial Summary Judgment filed by U.S. BUREAU OF LAND MANAGEMENT, U.S. DEPARTMENT OF THE INTERIOR. (Attachments: # 1 Statement of Facts, # 2 Declaration Myrick, # 3 Exhibit Myrick Decl. Exhibit, # 4 Exhibit C, # 5 Text of Proposed Order)(Valdez, Darrell) (Entered: 12/11/2020)
2020-12-11	33	REPLY to opposition to motion re 29 MOTION for Summary Judgment filed by U.S. BUREAU OF LAND MANAGEMENT, U.S. DEPARTMENT OF THE INTERIOR. (Attachments: # 1 Declaration Myrick, # 2 Exhibit Myrick Exhibit, # 3 Exhibit C)(Valdez, Darrell) (Entered: 12/11/2020)
2021-01-05	34	REPLY to opposition to motion re 29 MOTION for Summary Judgment And Surreply in Support of Its Motion for Partial S.J. filed by CENTER FOR BIOLOGICAL DIVERSITY. (Attachments: # 1 Exhibit Thirteen, # 2 Exhibit Fourteen, # 3 Exhibit Fifteen, # 4 Exhibit Sixteen)(Snape, William) (Entered: 01/05/2021)
2021-01-05	35	SURREPLY to re 30 MOTION for Partial Summary Judgment And Reply in Opposition to Defendants' Motion filed by CENTER FOR BIOLOGICAL DIVERSITY. (Attachments: # 1 Exhibit 13, # 2 Exhibit 14, # 3 Exhibit 15, # 4 Exhibit 16)(Snape, William) (Entered: 01/05/2021)
2021-01-14	36	Unopposed MOTION for Leave to File Sur-Reply by U.S. DEPARTMENT OF THE INTERIOR (Attachments: # 1 Text of Proposed Order, # 2 Exhibit Sur-Reply)(Valdez, Darrell) (Entered: 01/14/2021)
2021-01-15		MINUTE ORDER (paperless) GRANTING defendants' 36 Motion for Leave to File Sur-Reply and DIRECTING the Clerk to docket defendants' Sur-Reply, attached as Exhibit 2 to defendants' motion. Signed by Chief Judge Beryl A. Howell on January 15, 2021. (lcbah3) (Entered: 01/15/2021)
2021-01-15	37	SURREPLY to re 29 MOTION for Summary Judgment filed by U.S. DEPARTMENT OF THE INTERIOR. (eg) (Entered: 01/15/2021)
2021-01-21	38	NOTICE OF SUPPLEMENTAL AUTHORITY by CENTER FOR BIOLOGICAL DIVERSITY (Attachments: # 1 Exhibit Seventeen - Pence Transition Memo)(Snape, William) (Entered: 01/21/2021)
2021-02-09		MINUTE ORDER (paperless) DIRECTING, upon consideration of the parties' 29 30 cross-motions for summary judgment, which raise no disputed issue as to whether defendant U.S. Bureau of Land Management ("BLM") is entitled to summary judgment on Counts I-VI of the 7 Amended Complaint and whether defendant U.S. Department of Interior ("DOI") is entitled to summary judgment on Counts I, II, IV, V, and VI of the 7 Amended Complaint, that plaintiff submit, by February 16, 2021, supplemental briefing as to why summary judgment should be denied to BLM and DOI on those counts, with any response by defendants due by February 23, 2021. Signed by Chief Judge Beryl A. Howell on February 9, 2021. (lcbah3) (Entered: 02/09/2021)
2021-02-11		Set/Reset Deadlines: Plaintiff's supplemental briefing due by 2/16/2021; defendant's response due by 2/23/2021. (ztg) (Entered: 02/11/2021)
2021-02-16	39	SUPPLEMENTAL MEMORANDUM re 30 MOTION for Partial Summary Judgment by CENTER FOR BIOLOGICAL DIVERSITY. (Snape, William) Modified event title and added link on 2/18/2021 (znmw). (Entered: 02/16/2021)
2021-02-22	40	RESPONSE TO ORDER OF THE COURT re Order,, for Supplemental Briefing filed by U.S. BUREAU OF LAND MANAGEMENT, U.S. DEPARTMENT OF THE INTERIOR. (Valdez, Darrell) (Entered: 02/22/2021)
2021-03-01		MINUTE ORDER (paperless) DIRECTING PLAINTIFF TO SHOW CAUSE by noon on March 4, 2021, why Counts I-VI of the 6 Amended Complaint against defendant Bureau of Land Management ("BLM") and Counts I, V, and VI against defendant U.S. Department of the Interior ("DOI"), which claims have been not been briefed by the parties in their pending 29 30 cross-motions for summary judgment, should not be summarily dismissed, particularly given the representations in plaintiff's 39 Supplemental Memorandum of Law and Facts that "[p]laintiff possesses no further claims against" BLM and that "[p]laintiffs remaining claims are against co-defendant [DOI] on Counts II, III, and IV of its Amended Complaint," id. at 1. Signed by Chief Judge Beryl A. Howell on March 1, 2021. (lcbah3) (Entered: 03/01/2021)
2021-03-01		Set/Reset Deadlines: Response to Show Cause due by noon on 3/4/2021. (ztg) (Entered: 03/01/2021)
2021-03-03	41	Joint MOTION to Dismiss and Joint Stipulation by CENTER FOR BIOLOGICAL DIVERSITY. (Attachments: # 1 Text of Proposed Order)(Snape, William) (Entered: 03/03/2021)
2021-03-03		MINUTE ORDER (paperless) GRANTING the parties' 41 Joint Motion of Dismissal, DISMISSING with prejudice, pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii), Counts I-VI of plaintiff's 6 Amended Complaint against defendant Bureau of Land Management and Counts I, V, and VI of the Amended Complaint against defendant U.S. Department of the Interior, and VACATING the deadline for the submission of plaintiff's response to the Order to Show Cause, see Min. Order (Mar. 1, 2021), originally set for noon on March 4, 2021. Signed by Chief Judge Beryl A. Howell on March 3, 2021. (lcbah3) (Entered: 03/03/2021)
2021-03-09	42	ORDER DENYING the defendant U.S. Department of the Interior's 29 Motion for Summary Judgment and DENYING the plaintiff's 30 Motion for Partial Summary Judgment. See Order for further details. Signed by Chief Judge Beryl A. Howell on March 9, 2021. (lcbah3) (Entered: 03/09/2021)
2021-03-09	43	MEMORANDUM OPINION regarding the defendant U.S. Department of the Interior's 29 Motion for Summary Judgment and the plaintiff's 30 Motion for Partial Summary Judgment. Signed by Chief Judge Beryl A. Howell on March 9, 2021. (lcbah3) (Entered: 03/09/2021)
2021-04-21	44	Joint STATUS REPORT by U.S. BUREAU OF LAND MANAGEMENT, U.S. DEPARTMENT OF THE INTERIOR. (Valdez, Darrell) (Entered: 04/21/2021)
2021-04-21		MINUTE ORDER (paperless) DIRECTING, in light of the parties' 44 Joint Status Report, the parties to submit, by June 23, 2021, a joint status report advising whether any disputes remain between the parties, and if so, proposing a schedule to govern further proceedings. Signed by Chief Judge Beryl A. Howell on April 21, 2021. (lcbah3) (Entered: 04/21/2021)
2021-04-22		Set/Reset Deadlines: Joint Status Report due by 6/23/2021. (ztg) (Entered: 04/22/2021)
2021-06-23	45	STIPULATION of Dismissal by U.S. BUREAU OF LAND MANAGEMENT, U.S. DEPARTMENT OF THE INTERIOR. (Valdez, Darrell) (Entered: 06/23/2021)
2021-06-24		MINUTE ORDER (paperless) DISMISSING this matter, with prejudice, in light of the parties' joint 45 Stipulation of Dismissal. See Fed. R. Civ. P. 41(a)(1)(A)(ii). The Clerk of the Court is directed to close this case. Signed by Chief Judge Beryl A. Howell on June 24, 2021. (lcbah3) (Entered: 06/24/2021)
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