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Case TitleColorado Wild, Inc. v. Clark et al
DistrictDistrict of Colorado
CityDenver
Case Number1:2005cv01173
Date Filed2005-06-23
Date Closed2006-10-04
JudgeJudge John L. Kane
PlaintiffColorado Wild, Inc.
DefendantPeter Clark in his official capacity as Forest Supervisor, Rio Grande National Forest
DefendantMarianne Frazier in her official capacity as Forest Service Rocky Mountain Regional FOIA Officer
DefendantAndrea Fowler in her official capacity as FOIA/PA Coordinator for the United States Department of Agriculture
DefendantJames Michael Kelly in his official capacity as Acting General Counsel for the United States Department of Agriculture
DefendantBetty L. Ollila in her official capacity as Deputy Assistant General Counsel, General Law Division, United States Department of Agriculture
DefendantUSDA Forest Service a Federal Agency within the U.S. Department of Agriculture
DefendantUnited States Department of Agriculture an agency with the Federal government
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Opinion/Order [11]
Opinion/Order [40]
Opinion/Order [47]
Opinion/Order [50]
Opinion/Order [64]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2005-06-231COMPLAINT against all defendants ( Filing fee $ 250, Receipt Number 261004) Summons Issued, filed by Colorado Wild, Inc. (Attachments: # 1 Civil Cover Sheet # 2 Receipt)(bpm, ) (Entered: 06/24/2005)
2005-06-302Minute ORDER REFERRING CASE to Magistrate Judge David L. West for all purposes by Judge Kane. (gms, ) (Entered: 06/30/2005)
2005-07-253First MOTION to Produce Index in FOIA Case by Plaintiff Colorado Wild, Inc.. (Attachments: # 1 Exhibit Declaration of Jeff Berman# 2 Exhibit FOIA Request April 1 2004# 3 Exhibit Ollila Partial Denial# 4 Exhibit Administrative Appeal# 5 Exhibit Administrative Appeal Decision# 6 Proposed Order (PDF Only) Proposed Order)(Stills, Travis) (Entered: 07/25/2005)
2005-07-264MEMORANDUM referring to Magistrate Judge West : 3 First MOTION to Produce Index in FOIA Case filed by Colorado Wild, Inc., (Text Only Entry - No Document Attached)by Judge John L. Kane on 7/26/05. (erv, ) (Entered: 07/26/2005)
2005-07-275ANSWER to Complaint by USDA Forest Service, United States Department of Agriculture, Peter Clark, Marianne Frazier, Andrea Fowler, James Michael Kelly, Betty L. Ollila.(Johnson, Michael) (Entered: 07/27/2005)
2005-08-096Amended ANSWER to Complaint by USDA Forest Service, United States Department of Agriculture, Peter Clark, Marianne Frazier, Andrea Fowler, James Michael Kelly, Betty L. Ollila.(Johnson, Michael) (Entered: 08/09/2005)
2005-08-117Proposed Scheduling Order by Defendants USDA Forest Service, United States Department of Agriculture, Peter Clark, Marianne Frazier, Andrea Fowler, James Michael Kelly, Betty L. Ollila. (Johnson, Michael) (Entered: 08/11/2005)
2005-08-178STATEMENT Re: Parties' Agreement on a Schedule in a FOIA Case by Defendants USDA Forest Service, United States Department of Agriculture, Peter Clark, Marianne Frazier, Andrea Fowler, James Michael Kelly, Betty L. Ollila, Plaintiff Colorado Wild, Inc.. (Attachments: # 1 Proposed Order (PDF Only))(Johnson, Michael) (Entered: 08/17/2005)
2005-08-179MOTION to Withdraw Document Plaintiff's Motion to Compel by Plaintiff Colorado Wild, Inc.. (Bartlett, Brad) (Entered: 08/17/2005)
2005-08-3110MEMORANDUM referring to Magistrate Judge West : 9 MOTION to Withdraw Document Plaintiff's Motion to Compel filed by Colorado Wild, Inc., by Judge John L. Kane on 8/31/05. (Text Only Entry - No Document Attached)(gms, ) (Entered: 08/31/2005)
2005-09-0611ORDER Re: Agreement of the parties re: Vaughan Index. Plaintiff agrees to immediately withdraw it pending 3 Motion to Produce the Vaughn index. Signed by Magistrate Judge David L. West on 8/30/05. (gms, ) (Entered: 09/06/2005)
2005-10-0712STIPULATION re 11 Order on Motion to Produce, Order on Motion to Withdraw Document by Defendants USDA Forest Service, United States Department of Agriculture, Peter Clark, Marianne Frazier, Andrea Fowler, James Michael Kelly, Betty L. Ollila, Plaintiff Colorado Wild, Inc.. (Attachments: # 1 Proposed Order (PDF Only))(Johnson, Michael) (Entered: 10/07/2005)
2005-10-1113Stipulated MOTION For Extension of Time to Provide Vaughn Index and Supporting Declaration to Plaintiff by Defendants USDA Forest Service, United States Department of Agriculture, Peter Clark, Marianne Frazier, Andrea Fowler, James Michael Kelly, Betty L. Ollila. (Attachments: # 1 Proposed Order (PDF Only))(Johnson, Michael) (Entered: 10/11/2005)
2005-10-1214MEMORANDUM referring to Magistrate Judge West : 13 Stipulated MOTION For Extension of Time to Provide Vaughn Index and Supporting Declaration to Plaintiff by Defendants (Text Only Entry - No Document Attached) by Judge John L. Kane on 10/12/05. (dlb, ) (Entered: 10/12/2005)
2005-10-1815ORDER entering schedule and alterations to the Order of 9/6/05 11 . The Court grants and adopts the Parties' agreements as a stipulated order. Defendants are granted to 10/28/05 to send to the Plaintiff a Vaughn index and supporting declaration as set forth in this Order re: 13 . The pre-briefing conference will be proposed by the Parties, if necessary, after 11/14/05. Signed by Magistrate Judge David L. West on 10/18/05. (Please see this Order for further information regarding the Parties stipulations) (lam, ) (Entered: 10/19/2005)
2005-11-0316NOTICE of Change of Address by Travis Earl Stills (Stills, Travis) (Entered: 11/03/2005)
2005-11-0417NOTICE of Change of Address of Counsel Brad A. Bartlett by Brad A. Bartlett (Bartlett, Brad) (Entered: 11/04/2005)
2005-11-1218MOTION for Contempt by Plaintiff Colorado Wild, Inc.. (Attachments: # 1 Exhibit Declaration of Travis Stills# 2 Exhibit April 26 FOIA Request# 3 Exhibit May 2 FOIA Request# 4 Exhibit May 17 Letter# 5 Exhibit May 20 Letter# 6 Exhibit May 27 Letter# 7 Exhibit June 23 Letter# 8 Exhibit June 27 Letter 1# 9 Exhibit June 27 Letter 2# 10 Exhibit July 14 Letter# 11 Exhibit July 28 Letter# 12 Exhibit September 8 Declaration# 13 Exhibit September 9 Letter# 14 Exhibit October 6 Letter# 15 Exhibit October 11 Letter# 16 Exhibit November 3 Letter# 17 Exhibit Nov 7 Letter# 18 Exhibit Undate Excel File Vaughn# 19 Exhibit Plaintiffs Conversion of Excel Index# 20 Exhibit Wilderness Society v. U.S. Dept. of Interior,# 21 Exhibit November 9 Letter# 22 Exhibit September 23 Article# 23 Exhibit October 21 Article# 24 Proposed Order (PDF Only) Proposed Order)(Stills, Travis) (Entered: 11/12/2005)
2005-11-2319Emergency MOTION to Enforce Court Order (#15) by Plaintiff Colorado Wild, Inc.. (Attachments: # 1 Exhibit Plaintiff Ltr November 18 2005# 2 Exhibit Defendant Ltr November 21 2005# 3 Exhibit Plaintiff Ltr November 22 2005# 4 Exhibit Defendant Ltr November 22 2005)(Bartlett, Brad) (Entered: 11/23/2005)
2005-11-3020MEMORANDUM referring to Magistrate Judge West : 19 Emergency MOTION to Enforce Court Order (#15) by Plaintiff (Text Only Entry - No Document Attached) by Judge John L. Kane on 11/30/05. (dlb, ) (Entered: 12/01/2005)
2005-11-3021MEMORANDUM referring to Magistrate Judge West : 18 MOTION for Contempt by Plaintiff (Text Only Entry - No Document Attached) by Judge John L. Kane on 11/30/05. (dlb, ) (Entered: 12/01/2005)
2005-12-0222RESPONSE to Motion re 18 MOTION for Contempt filed by Defendants USDA Forest Service, United States Department of Agriculture, Peter Clark, Marianne Frazier, Andrea Fowler, James Michael Kelly, Betty L. Ollila. (Attachments: # 1 Exhibit A-1# 2 Exhibit A-2# 3 Exhibit A-3)(Johnson, Michael) (Entered: 12/02/2005)
2005-12-1323RESPONSE to Motion re 19 Emergency MOTION to Enforce Court Order (#15) filed by Defendants USDA Forest Service, United States Department of Agriculture, Peter Clark, Marianne Frazier, Andrea Fowler, James Michael Kelly, Betty L. Ollila. (Johnson, Michael) (Entered: 12/13/2005)
2005-12-2024REPLY to Response to Motion re 18 MOTION for Contempt filed by Plaintiff Colorado Wild, Inc.. (Stills, Travis) (Entered: 12/20/2005)
2005-12-2925REPLY to Response to Motion re 19 Emergency MOTION to Enforce Court Order (#15) filed by Plaintiff Colorado Wild, Inc.. (Attachments: # 1 Exhibit Defendants Letter Nov 22 2005# 2 Exhibit Plaintiffs Letter Dec 7# 3 Exhibit Defendant Letter Dec 12 2005)(Stills, Travis) (Entered: 12/29/2005)
2006-01-0626ORDER Setting Hearing on 19 Emergency MOTION to Enforce Court Order (#15) and 18 MOTION for Contempt: Motion Hearing set for 1/17/2006 02:30 PM before Magistrate Judge David L. West. Signed by Magistrate Judge David L. West on 1/6/06. (gms, ) (Entered: 01/09/2006)
2006-01-1727Minute Entry for proceedings held before Judge David L. West : Motion Hearing held on 1/17/2006. Amendments to supporting declarations due to plaintiff by 1/31/06. Vaughn index of documents due to plaintiff by 2/7/06. Denying 18 MOTION for Contempt filed by Colorado Wild, Inc. Denying 19 Emergency MOTION to Enforce Court Order (#15) filed by Colorado Wild, Inc. (gms, ) (Entered: 01/24/2006)
2006-01-1728ORDER denying 18 Motion for Contempt, denying 19 Motion to Enforce, pursuant to the minutes by Magistrate Judge David L. West on 1/17/06. Text only entry - no document attached. (gms, ) (Entered: 01/24/2006)
2006-01-3129Unopposed MOTION For Extension of Time to Submit Amended Search Declarations by Defendants USDA Forest Service, United States Department of Agriculture, Peter Clark, Marianne Frazier, Andrea Fowler, James Michael Kelly, Betty L. Ollila. (Attachments: # 1 Proposed Order (PDF Only))(Johnson, Michael) (Entered: 01/31/2006)
2006-02-0130MEMORANDUM referring to Magistrate Judge West : 29 Unopposed MOTION For Extension of Time to Submit Amended Search Declarations filed by United States Department of Agriculture, USDA Forest Service, Peter Clark, Marianne Frazier, Andrea Fowler, James Michael Kelly, Betty L. Ollila, (Text Only Entry - No Document Attached), by Judge John L. Kane on 02/01/06. (rlp, ) (Entered: 02/01/2006)
2006-02-0131ORDER granting Defendants' 29 Motion for Extension of Time to submit to plaintiff the amendments to the supporting declarations until 02/07/06. Signed by Magistrate Judge David L. West on 02/01/06. (gms, ) (Entered: 02/02/2006)
2006-02-1332TRANSCRIPT of Motions Hearing held on 1/17/06 before Magistrate Judge West. Prepared by: Avery/Woods Reporting Service. Pages: 1-38. (certified copy) Text Only Entry - Per statute, copies of transcripts are available for inspection in the clerk's office. Parties interested in a copy may contact the court reporter or, in the case of a transcript prepared from a digital-audio taped record, the courtroom deputy for the judicial officer. (gms, ) (Entered: 02/14/2006)
2006-02-2133MOTION to Clarify re 32 Transcript,, 27 Motion Hearing, by Plaintiff Colorado Wild, Inc.. (Attachments: # 1 Exhibit Defendant Response to Order# 2 Exhibit Pl Feb 13 email# 3 Exhibit Def Feb 13 email# 4 Exhibit Def Feb 14 email# 5 Exhibit Pl Feb 15 Contempt Letter# 6 Exhibit D Feb 15 email 2d# 7 Exhibit D Feb 15 Letter# 8 Exhibit Pl Feb 17 Letter RE Contempt and Clarification# 9 Exhibit Def Feb 17 Letter# 10 Exhibit Jan 23 AP Story# 11 Exhibit Jan 18 Durango Herald Article# 12 Exhibit Def Withdrawn Proposed Order# 13 Exhibit Feb 5 Denver Post# 14 Exhibit Released Records of Communications# 15 Exhibit April 26 2005 FOIA Request# 16 Exhibit May 2 2005 FOIA Request)(Stills, Travis) (Entered: 02/21/2006)
2006-02-2134MEMORANDUM referring to Magistrate Judge West : 33 MOTION to Clarify re 32 Transcript,, 27 Motion Hearing, by Plaintiff (Text Only Entry - No Document Attached) by Judge John L. Kane on 2/21/06. (dlb, ) (Entered: 02/21/2006)
2006-03-1335BRIEF in Opposition re 33 MOTION to Clarify re 32 Transcript,, 27 Motion Hearing, filed by Defendants USDA Forest Service, United States Department of Agriculture, Peter Clark, Marianne Frazier, Andrea Fowler, James Michael Kelly, Betty L. Ollila. (Johnson, Michael) (Entered: 03/13/2006)
2006-03-1736NOTICE of Change of Address for electronic mail by Brad A. Bartlett (Bartlett, Brad) (Entered: 03/17/2006)
2006-03-2237REPLY to Response to Motion re 33 MOTION to Clarify re 32 Transcript,, 27 Motion Hearing, filed by Plaintiff Colorado Wild, Inc.. (Stills, Travis) (Entered: 03/22/2006)
2006-04-1038MOTION to Supplement 33 MOTION to Clarify re 32 Transcript,, 27 Motion Hearing, by Plaintiff Colorado Wild, Inc.. (Attachments: # 1 Exhibit April 6 2006 Denver Post# 2 Exhibit Ryberg# 3 Exhibit Ryberg Fax# 4 Exhibit E-Mail Conference)(Stills, Travis) (Entered: 04/10/2006)
2006-04-1139MEMORANDUM referring to Magistrate Judge West : 38 MOTION to Supplement 33 MOTION to Clarify re 32 Transcript,, 27 Motion Hearing, by Plaintiff (Text Only Entry - No Document Attached) by Judge John L. Kane on 4/11/06. (dlb, ) (Entered: 04/11/2006)
2006-04-2540ORDER denying Plaintiff's 33 Motion for Clarification. Signed by Magistrate Judge David L. West on 4/25/06. (gmssl, ) (Entered: 04/26/2006)
2006-04-2541ORDER finding as moot Plaintiff's Request to Take Judicial Notice ( 38 Motion to Supplement) . Signed by Magistrate Judge David L. West on 4/25/06. (gms, ) (Entered: 04/26/2006)
2006-05-2342MOTION for Hearing/Conference ( AP Docket Pre-briefing Conference) by Plaintiff Colorado Wild, Inc.. (Stills, Travis) (Entered: 05/23/2006)
2006-05-2443MEMORANDUM referring to Magistrate Judge West : 42 MOTION for Hearing/Conference ( AP Docket Pre-briefing Conference) by Plaintiff (Text Only Entry - No Document Attached) by Judge John L. Kane on 5/24/06. (dln, ) (Entered: 05/24/2006)
2006-06-0144RESPONSE to Motion re 42 MOTION for Hearing/Conference ( AP Docket Pre-briefing Conference) filed by Defendants USDA Forest Service, United States Department of Agriculture, Peter Clark, Marianne Frazier, Andrea Fowler, James Michael Kelly, Betty L. Ollila. (Johnson, Michael) (Entered: 06/01/2006)
2006-06-0245ORDER granting 42 Motion for Prebriefing Conference. Prebriefing conference set 6/6/06 at 3:30 p.m. in Durango. Signed by Magistrate Judge David L. West on 4/25/06. (gms, ) (Entered: 06/02/2006)
2006-06-0246Utility Setting/Resetting Deadlines/Hearings: Magistrate Prebriefing Conference set for 6/6/2006 03:30 PM before Magistrate Judge David L. West, pursuant to order of 4/25/06. Text only entry - no document attached. (gms, ) (Entered: 06/02/2006)
2006-06-0247Amended ORDER granting plaintiff's Request to Set Prebriefing Conference (re: 45 Order ) Prebriefing conference set 6/6/06 at 3:30 p.m. in Durango. Signed by Magistrate Judge David L. West on 6/2/06. (gms, ) (Entered: 06/05/2006)
2006-06-2048MINUTE ORDER:Telephone Status Conference set for 7/11/2006 04:00 PM before Magistrate Judge David L. West. Settlement Conference set for 8/3/2006 01:30 PM before Magistrate Judge David L. West in Durango. Signed by Magistrate Judge David L. West on 6/20/06. (gms, ) (Entered: 06/20/2006)
2006-06-2049MINUTE ORDER Settlement Conference set 8/3/06 at 1:30 p.m. in Durango. Signed by Magistrate Judge David L. West on 6/20/06. (Attachments: # 1 Attachment)(gms, ) (Entered: 06/20/2006)
2006-06-2350ORDER Case is removed from the AP docket and assigned to Judge Kane. Order of reference to Magistrate Judge West remains in full force and effect. Counsel of record and the Clerk of the Court are advised, that any additional related cases shall be assigned directly to Judge Kane without processing through the AP docket procedure. . Signed by Judge John L. Kane on 6/23/06. (gms, ) (Entered: 06/23/2006)
2006-07-1051MOTION to Continue telephone status conference / settlement conference by Defendants USDA Forest Service, United States Department of Agriculture, Peter Clark, Marianne Frazier, Andrea Fowler, James Michael Kelly, Betty L. Ollila. (Attachments: # 1 Proposed Order (PDF Only))(Johnson, Michael) (Entered: 07/10/2006)
2006-07-1052MEMORANDUM referring to Magistrate Judge West : 51 MOTION to Continue telephone status conference / settlement conference by Defendants (Text Only Entry - No Document Attached) by Judge John L. Kane on 7/10/06. (dln, ) (Entered: 07/10/2006)
2006-07-1053RESPONSE to Motion re 51 MOTION to Continue telephone status conference / settlement conference filed by Plaintiff Colorado Wild, Inc.. (Attachments: # 1 Exhibit)(Bartlett, Brad) (Entered: 07/10/2006)
2006-07-2154MINUTE ORDER: Settlement Conference set for 8/11/2006 09:00 AM before Magistrate Judge David L. West by Magistrate Judge David L. West on 7/21/06. (dln, ) (Entered: 07/21/2006)
2006-07-2155MINUTE ORDER: Telephonic Status Conference set for 7/25/2006 09:00 PM (sic) AM before Magistrate Judge David L. West by Magistrate Judge David L. West on 7/21/06. (dln, ) (Entered: 07/21/2006)
2006-07-2156CORRECTED MINUTE ORDER re: 55 Telephonic Status Conference set for 7/25/2006 09:00 AM before Magistrate Judge David L. West by Magistrate Judge David L. West on 7/21/06. (dln, ) (Entered: 07/21/2006)
2006-07-2557MINUTE ORDER: Telephonic Status Conference set for 8/15/2006 08:30 AM before Magistrate Judge David L. West. Settlement Conference set for 8/24/2006 09:00 AM before Magistrate Judge David L. West. All attorneys are required to be present in person. Signed by Magistrate Judge David L. West on 7/25/06. (dln, ) (Entered: 07/25/2006)
2006-08-0958MINUTE ORDER RESETTING Telephonic Status Conference set for 9/5/2006 03:00 PM before Magistrate Judge David L. West. Settlement Conference set for 9/29/2006 08:30 AM before Magistrate Judge David L. West by Magistrate Judge David L. West on 8/9/06. (dln, ) (Entered: 08/09/2006)
2006-09-0659MINUTE ORDER : Additional Telephonic Status Conference set for 9/12/2006 03:00 PM before Magistrate Judge David L. West by Magistrate Judge David L. West on 9/5/06. (dln, ) (Entered: 09/06/2006)
2006-09-2060MINUTE ORDER : Additional Telephonic Status Conference set for 9/21/2006 03:00 PM before Magistrate Judge David L. West by Magistrate Judge David L. West on 9/12/06. (dln, ) (Entered: 09/20/2006)
2006-09-2561MINUTE ORDER : Settlement Papers due within ten (10) days [Dismissal Paper due by 11/2/2006] by Magistrate Judge David L. West on 9/21/06. (dln, ) (Entered: 09/25/2006)
2006-10-0362Joint MOTION to Dismiss by the parties. (Attachments: # 1 Exhibit Joint Stipulation and Settlement# 2 Exhibit Sept 2006 FOIA# 3 Exhibit August 2006 FOIA Request# 4 Exhibit March 2006 FOIA Request# 5 Proposed Order (PDF Only) Proposed Order)(Stills, Travis) (Modified on 10/4/2006 to add filers) (dln, ). (Entered: 10/03/2006)
2006-10-0463Docket Annotation re: 62 Joint MOTION to Dismiss by the parties. [Entry modified to add filers]. Text only entry - no document attached. (dln, ) (Entered: 10/04/2006)
2006-10-0464ORDER granting 62 Joint MOTION to Dismiss by the parties with prejudice. Signed by Judge John L. Kane on 10/4/06. (Attachments: # 1 Exhibit 1)(dln, ) (Entered: 10/04/2006)
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