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Case TitleAMERICAN WILD HORSE CAMPAIGN v. BUREAU OF LAND MANAGEMENT
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2023cv00115
Date Filed2023-01-13
Date ClosedOpen
JudgeJudge Timothy J. Kelly
PlaintiffAMERICAN WILD HORSE CAMPAIGN
Case DescriptionThe American Wild Horse Campaign submitted a FOIA request to the Bureau of Land Management for records concerning the BLM's Comprehensive Animal Welfare Policy assessments of wild horse and burro gathers in Nevada for the period January 1, 2021to the date of the request. The agency acknowledged receipt of the request. The agency told AWHC that the records were already publicly available. AWHC filed an administrative appeal of that decision. The agency upheld its initial decision. AWHC then filed suit.
Complaint issues: Adequacy - Search, Litigation - Attorney's fees

DefendantBUREAU OF LAND MANAGEMENT
DefendantUNITED STATES BUREAU OF LAND MANAGEMENT
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2023-01-131COMPLAINT against BUREAU OF LAND MANAGEMENT ( Filing fee $ 402 receipt number ADCDC-9788320) filed by AMERICAN WILD HORSE CAMPAIGN. (Attachments: # 1 Civil Cover Sheet, # 2 Summons)(Malone, Sean) (Entered: 01/13/2023)
2023-01-17Case Assigned to Judge Timothy J. Kelly. (zrtw) (Entered: 01/17/2023)
2023-01-172SUMMONS (3) Issued Electronically as to BUREAU OF LAND MANAGEMENT, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(zrtw) (Entered: 01/17/2023)
2023-03-133NOTICE of Appearance by Fithawi Berhane on behalf of BUREAU OF LAND MANAGEMENT (Berhane, Fithawi) (Entered: 03/13/2023)
2023-03-134Consent MOTION for Extension of Time to Respond to Complaint by BUREAU OF LAND MANAGEMENT. (Attachments: # 1 Text of Proposed Order)(Berhane, Fithawi) (Entered: 03/13/2023)
2023-03-14MINUTE ORDER granting Defendant's 4 Consent Motion to Extend Time. It is hereby ORDERED, nunc pro tunc and for good cause shown, that Defendant's motion for an extension of time to answer Plaintiff's complaint is GRANTED. It is further ORDERED that Defendant shall answer or otherwise respond to Plaintiff's complaint by April 12, 2023. Signed by Judge Timothy J. Kelly on 3/14/2023. (lctjk1) (Entered: 03/14/2023)
2023-04-125ANSWER to Complaint by BUREAU OF LAND MANAGEMENT.(Berhane, Fithawi) (Entered: 04/12/2023)
2023-04-13MINUTE ORDER: Before the Court in this FOIA case are a complaint and an answer. It is hereby ORDERED that the parties shall meet, confer, and file a joint proposed schedule for briefing or disclosure by April 27, 2023. Signed by Judge Timothy J. Kelly on 4/13/2023. (lctjk1) (Entered: 04/13/2023)
2023-04-256Consent MOTION to Consolidate Cases by BUREAU OF LAND MANAGEMENT. (Attachments: # 1 Text of Proposed Order)(Berhane, Fithawi) (Entered: 04/25/2023)
2023-04-27MINUTE ORDER granting Defendant's 6 Consent Motion to Consolidate. Defendant, with Plaintiff's consent, seeks consolidation of this case with case number 23-cv-117 (CKK). Under Local Civil Rule 40.5(d), "[m]otions to consolidate cases assigned to different judges of this Court shall be heard and determined by the judge to whom the earlier-numbered case is assigned," which is this Court. Upon consideration of the "common question[s] of law [and] fact," Fed. R. Civ. P. 42(a), between these two cases, the Court finds that consolidation serves the interests of judicial economy, will not result in confusion or prejudice, and avoids the risk of inconsistent rulings. See Nat'l Sec. Counselors v. CIA , 322 F.R.D. 41, 43 (D.D.C. 2017); Judicial Watch, Inc. v. U.S. Dep't of Energy , 207 F.R.D. 8, 8-9 (D.D.C. 2002). Of note, the parties in both cases are identical, and Plaintiff consents to consolidation. Accordingly, it is hereby ORDERED that (1) American Wild Horse Campaign v. Bureau of Land Management (23-cv-115) and American Wild Horse Campaign v. Bureau of Land Management (23-cv-117) are CONSOLIDATED before this Court; (2) all pleadings, motions, or other papers relating to the consolidated cases shall be filed only on the docket for case number 23-cv-115; (3) the Clerk shall administratively close case number 23-cv-117 and transfer the parties to case number 23-cv-115; and (4) the parties shall NOT elect to spread text when filing on ECF, as this will result in repetitive docketing. It is further ORDERED that by May 11, 2023, the parties shall file a joint status report advising the Court on the status of the two FOIA requests at issue in the consolidated cases and propose a schedule for proceeding. Signed by Judge Timothy J. Kelly on 4/27/2023. (lctjk1) Modified to correct case number on 4/27/2023 (zkh). (Entered: 04/27/2023)
2023-04-27Set/Reset Deadlines: Joint Status Report due by 5/11/2023. (zkh) (Entered: 04/27/2023)
2023-05-117Joint STATUS REPORT by UNITED STATES BUREAU OF LAND MANAGEMENT. (Attachments: # 1 Text of Proposed Order)(Berhane, Fithawi) (Entered: 05/11/2023)
2023-05-12MINUTE ORDER: Upon consideration of the parties' 7 Joint Status Report, it is hereby ORDERED that the parties shall file a further joint status report by July 10, 2023. Signed by Judge Timothy J. Kelly on 5/12/2023. (lctjk1) (Entered: 05/12/2023)
2023-07-108Joint STATUS REPORT by UNITED STATES BUREAU OF LAND MANAGEMENT. (Attachments: # 1 Text of Proposed Order)(Berhane, Fithawi) (Entered: 07/10/2023)
2023-07-11MINUTE ORDER: Upon consideration of the parties' 8 Joint Status Report, it is hereby ORDERED that the parties shall file a further joint status report by September 11, 2023. Signed by Judge Timothy J. Kelly on 7/11/2023. (lctjk1) (Entered: 07/11/2023)
2023-09-079NOTICE of Appearance by Daniel J. Stotter on behalf of AMERICAN WILD HORSE CAMPAIGN (Stotter, Daniel) (Entered: 09/07/2023)
2023-09-1110Joint STATUS REPORT by UNITED STATES BUREAU OF LAND MANAGEMENT. (Berhane, Fithawi) (Entered: 09/11/2023)
2023-09-12MINUTE ORDER: Upon consideration of the parties' 10 Joint Status Report, it is hereby ORDERED that the parties shall file a further joint status report by November 13, 2023. Signed by Judge Timothy J. Kelly on 9/12/2023. (lctjk1) (Entered: 09/12/2023)
2023-11-1311Joint STATUS REPORT by UNITED STATES BUREAU OF LAND MANAGEMENT. (Berhane, Fithawi) (Entered: 11/13/2023)
2023-11-15MINUTE ORDER: Upon consideration of the parties' 11 Joint Status Report, it is hereby ORDERED that the parties shall file a further joint status report by February 2, 2024. Signed by Judge Timothy J. Kelly on 11/15/2023. (lctjk1) (Entered: 11/15/2023)
2024-02-0212Joint STATUS REPORT by AMERICAN WILD HORSE CAMPAIGN. (Malone, Sean) (Entered: 02/02/2024)
2024-02-06MINUTE ORDER: Upon consideration of the parties' 12 Joint Status Report, it is hereby ORDERED that the parties shall file a further joint status report by March 4, 2024. Signed by Judge Timothy J. Kelly on 2/6/2024. (lctjk1) (Entered: 02/06/2024)
2024-03-0413Joint STATUS REPORT by UNITED STATES BUREAU OF LAND MANAGEMENT. (Berhane, Fithawi) (Entered: 03/04/2024)
2024-03-05MINUTE ORDER: Upon consideration of the parties' 13 Joint Status Report, it is hereby ORDERED that the parties shall file a further joint status report by May 6, 2024. Signed by Judge Timothy J. Kelly on 3/5/2024. (lctjk1) (Entered: 03/05/2024)
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