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Case TitleWestern Resources Legal Center v. United States Department of Agriculture et al
DistrictDistrict of Oregon
CityPortland
Case Number3:2022cv00908
Date Filed2022-06-22
Date ClosedOpen
JudgeMagistrate Judge Jeff Armistead
PlaintiffWestern Resources Legal Center
Case DescriptionThe Western Resources Legal Center submitted FOIA requests to the Department of Agriculture and the Department of Interior for records concerning the 2021 River Democracy Act. The agencies acknowledged receipt of the requests but after hearing nothing further from the agencies, WRLC filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Vaughn index, Litigation - Attorney's fees

DefendantUnited States Department of Agriculture
DefendantUnited States Forest Service
DefendantUnited States Department of the Interior
DefendantUnited States Department of the Interior
TERMINATED: 01/25/2023
DefendantUnited States Bureau of Land Management
Documents
Docket
Complaint
Complaint attachment 1
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2022-06-221Complaint. For Declaratory and Injunctive Relief Filing fee in the amount of $402 collected. Agency Tracking ID: AORDC-8562131 Jury Trial Requested: No. Filed by Western Resource Legal Center against United States Bureau of Land Management, United States Department of Agriculture, United States Department of the Interior, United States Forest Service (Attachments: # 1 Civil Cover Sheet). (Carollo, Dominic) (Entered: 06/22/2022)
2022-06-222Notice of Case Assignment to Magistrate Judge Jeffrey Armistead and Discovery and Pretrial Scheduling Order. NOTICE: Counsel shall print and serve the summonses and all documents issued by the Clerk at the time of filing upon all named parties in accordance with Local Rule 3-5 . Discovery is to be completed by 10/20/2022. Joint Alternate Dispute Resolution Report is due by 11/21/2022. Pretrial Order is due by 11/21/2022. Ordered by Magistrate Judge Jeffrey Armistead. (dino) (Entered: 06/22/2022)
2022-07-073First Proposed Summons BLM Filed by Western Resources Legal Center. (Carollo, Dominic) (Entered: 07/07/2022)
2022-07-074First Proposed Summons USDA Filed by Western Resources Legal Center. (Carollo, Dominic) (Entered: 07/07/2022)
2022-07-075First Proposed Summons USDOI Filed by Western Resources Legal Center. (Carollo, Dominic) (Entered: 07/07/2022)
2022-07-076First Proposed Summons USFS Filed by Western Resources Legal Center. (Carollo, Dominic) (Entered: 07/07/2022)
2022-07-077Summons Issued Electronically as to United States Bureau of Land Management, United States Department of Agriculture, United States Department of the Interior, United States Forest Service. NOTICE: Counsel shall print and serve the summonses and all documents issued by the Clerk at the time of filing upon all named parties in accordance with Local Rule 3-5. (dino) (Entered: 07/07/2022)
2022-08-058Certificate of Service by Western Resources Legal Center BLM Filed by Western Resources Legal Center. (Carollo, Dominic) (Entered: 08/05/2022)
2022-08-059Certificate of Service by Western Resources Legal Center DOA Filed by Western Resources Legal Center. (Carollo, Dominic) (Entered: 08/05/2022)
2022-08-0510Certificate of Service by Western Resources Legal Center DOI Filed by Western Resources Legal Center. (Carollo, Dominic) (Entered: 08/05/2022)
2022-09-1611Notice of Appearance of Joshua Keller appearing on behalf of United States Bureau of Land Management, United States Department of Agriculture, United States Department of the Interior, United States Forest Service . Filed by on behalf of United States Bureau of Land Management, United States Department of Agriculture, United States Department of the Interior, United States Forest Service. (Keller, Joshua) (Entered: 09/16/2022)
2022-09-1612Unopposed Motion for Extension of Time to Answer . Filed by United States Bureau of Land Management, United States Forest Service, United States Department of Agriculture, United States Department of the Interior. (Keller, Joshua) (Entered: 09/16/2022)
2022-09-1613ORDER: Granting Motion for Extension of Time to Answer 12 . Answer is due by 10/21/2022. Ordered by Magistrate Judge Jeffrey Armistead. (pjg) (Entered: 09/16/2022)
2022-10-1914Unopposed Motion for Extension of Time to Answer . Filed by All Defendants. (Keller, Joshua) (Entered: 10/19/2022)
2022-10-2015ORDER issued by Magistrate Judge Jeffrey Armistead: Granting Defendants' Unopposed Motion for Extension of Time 14 as follows and as modified: Answer deadline reset to 11/14/2022 for all defendants. (gm) (Entered: 10/20/2022)
2022-11-1416Answer to 1 Complaint, . Filed by United States Bureau of Land Management, United States Forest Service, United States Department of Agriculture, United States Department of the Interior. (Keller, Joshua) (Entered: 11/14/2022)
2022-11-1517Scheduling Order: Telephone Rule 16 Conference is set for Tuesday, November 29, 2022 at 10:30AM in Portland before Magistrate Judge Jeffrey Armistead. The court's conference call information shall be provided to the parties by separate sealed entry. Local Rules 16-2(b) and 26-1 require that counsel confer prior to the conference. Rule 16 Conferences are ordinarily held telephonically. At the conference, counsel should be prepared to discuss the status of the case, relevant dates and deadlines, and any other significant issues. If the parties plan to present a proposed schedule, they should e-mail the schedule to pam_geringer@ord.uscourts.gov, by noon on November 23, 2022. Alternatively, the parties may file a Joint Rule 26(f) Report and Discovery Plan by noon on November 23, 2022. If the proposed schedule is acceptable to the court and no significant issues need to be discussed, the court may decide that the Rule 16 Conference is unnecessary and strike it. The parties may file written consents to magistrate judge jurisdiction at any time, but the court recommends that consent forms be filed before a dispositive motion (i.e., motion to dismiss, motion for summary judgment) is heard. (The consent form is attached.) For more information regarding the role of magistrate judges and consenting to magistrate judge jurisdiction, see ord.uscourts.gov/consent. If the parties have a discovery dispute, they should jointly email Courtroom Deputy Pam Geringer at the e-mail address above, and the court will promptly schedule a telephonic hearing to discuss the matter. Ordered by Magistrate Judge Jeffrey Armistead. (pjg) (Entered: 11/15/2022)
2022-11-1518Scheduling Order: At Plaintiff's request, the 11/29/2022 Rule 16 Conference is RESET for 12/16/2022 at 10:30AM in Portland by telephone before Magistrate Judge Jeffrey Armistead. The court's conference call information previously provided to the parties shall be used. Ordered by Magistrate Judge Jeffrey Armistead. (pjg) (Entered: 11/15/2022)
2022-12-1219ORDER by Judge Armistead: The parties have conferred in accordance with Rule 26 and have contacted the court about negotiating a stipulated document production schedule to address the FOIA requests at issue in this case. Based on the court's correspondence with and stipulation of the parties, the court ORDERS the parties to file a Joint Status Report by 1/20/2023. The Rule 16 conference set for 12/16/2022 is STRICKEN. (pjg) (Entered: 12/12/2022)
2023-01-2020Joint Status Report by All Defendants. Filed by All Defendants. (Keller, Joshua) (Entered: 01/20/2023)
2023-01-2021ORDER: by Judge Armistead: The Court acknowledges receipt of the parties' Joint Status Report 20 and directs the parties to file a stipulation on a document production schedule and a separate dismissal stipulation as to DOI, or another joint status report by 2/3/2023. (pjg) (Entered: 01/20/2023)
2023-01-2422Stipulation re Scheduling Order, 21 DOI Dismissal by Western Resources Legal Center. Filed by Western Resources Legal Center. (Carollo, Dominic) (Entered: 01/24/2023)
2023-01-2523STIPULATION OF DISMISSAL WITHOUT PREJUDICE: Pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii), all claims and causes of action asserted against DOI are dismissed without prejudice and without an award of fees, expenses, or costs for either party. The dismissal of DOI as a party from this action shall have no effect on this action continuing among Plaintiff, USDA, USFS, and BLM nor on the relief available to Plaintiff against USDA, USFS, or BLM. IT IS SO ORDERED this 25th day of January, 2023, by United States Magistrate Judge Jeffrey Armistead. (pjg) (Entered: 01/25/2023)
2023-01-3124Stipulation by United States Bureau of Land Management, United States Department of Agriculture, United States Forest Service, Proposed Form of Order Submitted . Filed by United States Bureau of Land Management, United States Department of Agriculture, United States Forest Service. (Keller, Joshua) (Entered: 01/31/2023)
2023-02-0125ORDER by Judge Armistead: The Stipulation and Schedule for Production of Responsive Records and Other Issues submitted by the parties is GRANTED and it is ORDERED that the parties must follow the deadlines as stated in the Stipulation 24 . The parties are further ORDERED to file a Joint Status Report by April 3, 2023, advising the court the status of the document production. (pjg) (Entered: 02/01/2023)
2023-04-0326Joint Status Report by All Defendants. Filed by All Defendants. (Keller, Joshua) (Entered: 04/03/2023)
2023-04-0427ORDER by Judge Armistead: The court acknowledges receipt of the parties' Joint Status Report 26 and directs the parties to file another Joint Status Report by 6/2/2023. (pjg) (Entered: 04/04/2023)
2023-06-0228Joint Status Report . Filed by Western Resources Legal Center. (Carollo, Dominic) (Entered: 06/02/2023)
2023-06-0229ORDER by Judge Armistead: The court acknowledges receipt of the parties' Joint Status Report 28 and directs the parties to file another Joint Status Report by 8/1/2023. (pjg) (Entered: 06/02/2023)
2023-07-2830Joint Status Report by Western Resources Legal Center. Filed by Western Resources Legal Center. (Carollo, Dominic) (Entered: 07/28/2023)
2023-07-3131ORDER. The Court acknowledges the parties' Joint Status Report 30 and directs the parties to file another Joint Status Report by 9/29/2023. Ordered by Magistrate Judge Jeff Armistead. (gw) (Entered: 07/31/2023)
2023-09-2832Joint Status Report . Filed by All Plaintiffs. (Carollo, Dominic) (Entered: 09/28/2023)
2023-09-2933ORDER. The Court acknowledges the parties' Joint Status Report 32 and directs the parties to file another Joint Status Report by 12/29/2023. Ordered by Magistrate Judge Jeff Armistead. (gw) (Entered: 09/29/2023)
2023-12-2134Joint Status Report . Filed by All Defendants. (Keller, Joshua) (Entered: 12/21/2023)
2023-12-2735Order by Judge Armistead: The Court acknowledges receipt of the parties' Joint Status Report 34 and directs the parties to file an additional Joint Status Report by 2/14/2024. (pjg) (Entered: 12/27/2023)
2024-02-1336Joint Status Report by All Defendants. Filed by All Defendants. (Keller, Joshua) (Entered: 02/13/2024)
2024-02-1437Order by Judge Armistead: The Court acknowledges receipt of the parties' Joint Status Report 36 and directs the parties to file an additional Joint Status Report by 3/15/2024. (pjg) (Entered: 02/14/2024)
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