Case Detail

FOIA Project Annotation: A federal court in Oregon has accepted the recommendation of a magistrate judge finding that the Department of the Interior properly withheld some records pertaining to the Kelsey Whiskey Project under Exemption 5 (deliberative process privilege). The magistrate's report noted that "all the documents at issue are predecisional to either the Mari Kelsey Timber Sale or the West Whiskey Timber Sale." The magistrate then continued: "The documents at issue contain recommendations, discussions, suggestions, and inquiries regarding alterations to both the timber sales. . . The disclosure of these materials would stifle honest and frank communication among agency personnel and discourage candid discussions within the agency if disclosed. The documents clearly played a role in modifications made to the Mari Kelsey Timber Sale. The documents regarding the West Whiskey Timber Sale are also likely to play a role in possible modifications of that [agreement]." The magistrate also found that all reasonably segregable portions of the records had been disclosed, including maps which contained various deliberative notations. The court indicated that it was "satisfied that the defendants did a careful segregability analysis and disclosed all segregable portions of the documents. The court also finds that any nonexempt material is inextricably intertwined with exempt material and the deletion of the exempt material would leave only meaningless words and phrases."
Issues: Exemption 5 - Privileges - Deliberative process privilege - Deliberative

Date Filed	Doc #	Docket Text
2007-03-05	1	Complaint Filing Fee in amount of $350 collected. Receipt No. 14268 issued.Summons issued as to US Dept of Interior and Bureau of land Management.Filed by Klamath Siskiyou Wildlands Center against U.S. Department of Interior, Bureau of Land Management. (ljl) (Entered: 03/07/2007)
2007-03-05	2	Discovery and Pretrial Scheduling Order and Notice of Case Assignment to the Honorable Dennis J. Hubel. Discovery is to be completed by 7/3/2007. Joint Alternate Dispute Resolution Report is due by 8/2/2007. Pretrial Order is due by 8/2/2007. Ordered by Judge Dennis J. Hubel. (ljl) (Entered: 03/07/2007)
2007-03-08	3	Summons Returned Executed. as to U.S. Department of Interior served on 3/8/2007 Filed by Klamath Siskiyou Wildlands Center. (Dugan, Marianne) (Entered: 03/08/2007)
2007-03-08	4	Summons Returned Executed. as to Bureau of Land Management served on 3/8/2007 Filed by Klamath Siskiyou Wildlands Center. (Dugan, Marianne) (Entered: 03/08/2007)
2007-03-26	5	RECORD OF ORDER by Judge Dennis J. Hubel: This case having arisen out of Jackson County, pursuant to Local Rule 3.4(c), it is hereby reassigned to the Medford Divisional Office for all further proceedings. The clerk is directed to transfer this case immediately to the United States District Court for the District of Oregon, Medford Division, James A. Redden United States Courthouse, 310 West Sixth, Room 302, Medford, Oregon 97501. Parties shall file all pleadings and documents in that office and will be advised of the new case number and judge assignment by separate notice. (kb) (Entered: 03/26/2007)
2007-04-11	6	Answer regarding Complaint, 1 . Filed by all defendants. (Related document(s): Complaint, 1 .) (Simmons, Timothy) (Entered: 04/11/2007)
2007-04-24	7	Record of Order: A telephone scheduling conference is set for 9:00 a.m. May 10, 2007 before Magistrate Judge Mark D. Clarke to set deadlines for filing the administrative record, plaintiff's opening brief, defendant's response brief, and plaintiff's reply brief, a telephone hearing on the briefing, and to discuss any other matters with the Court. The Court will initiate the call. (ljb) (Entered: 04/24/2007)
2007-05-10	8	MINUTES of Proceedings: Scheduling Conference. All deadlines set pursuant to the Court's initial Discovery and Pretrial Scheduling Order 2 are STRICKEN. Defendant shall submit a redacted Administrative Record for the public file by 6/4/2007. An unredacted version of the Administrative Record for the Court's in camera review shall also be due by 6/4/2007. Plaintiff's opening brief is due by 6/4/2007. Defendant's response brief shall be due by 6/25/2007. Plaintiff's reply brief shall be due 7/9/2007. Telephone Hearing is set for 7/26/2007 at 01:30PM before Magistrate Judge Mark D. Clarke. Marianne Dugan present as counsel for plaintiff(s). Timothy Simmons present as counsel for defendant(s). Court Reporter: none. Honorable Mark D. Clarke presiding. (sm) (Entered: 05/10/2007)
2007-05-24	9	Notice of Case Reassignment: This case has been reassigned from Judge Dennis J. Hubel to Judge Mark D. Clarke and transferred to the Medford Division. (cas) (Entered: 05/25/2007)
2007-06-04	10	Motion for Summary Judgment. Oral Argumentrequested Filed by Klamath Siskiyou Wildlands Center. (Dugan, Marianne) (Entered: 06/04/2007)
2007-06-04	11	Memorandum in Support. Filed by Klamath Siskiyou Wildlands Center. (Related document(s): Motion for Summary Judgment 10 .) (Dugan, Marianne) (Entered: 06/04/2007)
2007-06-04	12	Declaration of Sexton . Filed by Klamath Siskiyou Wildlands Center. (Related document(s): Motion for Summary Judgment 10 .) (Dugan, Marianne) (Entered: 06/04/2007)
2007-06-04	13	Concise Statement of Material Fact. Filed by Klamath Siskiyou Wildlands Center. (Related document(s): Motion for Summary Judgment 10 .) (Dugan, Marianne) (Entered: 06/04/2007)
2007-06-04	14	Unredacted Administrative Record-In Camera Submission. **FILED UNDER SEAL** Filed by U.S. Department of Interior, Bureau of Land Management. (ljb) (Additional attachment(s) added on 2/1/2012: # 1 Main document) (dkj). (Entered: 06/05/2007)
2007-06-04	15	Notice of Filing of Redacted Administrative Record. Filed by U.S. Department of Interior, Bureau of Land Management. (ljb) (Entered: 06/05/2007)
2007-06-25	16	Response to Motion for Summary Judgment 10 . Filed by U.S. Department of Interior, Bureau of Land Management. (Simmons, Timothy) (Entered: 06/25/2007)
2007-06-25	17	Declaration of Lisa Blackburn in Support of USA's Response to Plaintiff's Motion for Summary Judgment . Filed by U.S. Department of Interior, Bureau of Land Management. (Related document(s): Response to Motion 16 .) (Simmons, Timothy) (Entered: 06/25/2007)
2007-06-25	18	Response to Concise Statement of Material Facts regarding Motion for Summary Judgment 10 . Filed by U.S. Department of Interior, Bureau of Land Management. (Simmons, Timothy) (Entered: 06/25/2007)
2007-07-09	19	Reply in Support to Motion for Summary Judgment 10 . Filed by all plaintiffs. (Dugan, Marianne) (Entered: 07/09/2007)
2007-07-26	20	MINUTES of Proceedings: Motion Hearing regarding Motion for Summary Judgment 10 . Defendant is ordered to file a supplemental affidavit differentiating between the West Whiskey and Mari Kelsey sales by 08/01/2007. Order taken under submission. Marianne G. Dugan present as counsel for plaintiff(s). Timothy W. Simpson present as counsel for defendant(s). Court Reporter: FTR Gold. Mark D. Clarke presiding. (rsm) (Entered: 07/26/2007)
2007-07-30	21	Declaration of Martin Lew in Response to Court's Request for Supplemental Information . Filed by all defendants. (Simmons, Timothy) (Entered: 07/30/2007)
2007-08-02	22	Findings & Recommendation: It is recommended that Plaintiff's Motion for Summary Judgment 10 should be denied and this case dismissed. Objections to the Findings and Recommendation are due by 8/16/2007. Findings and Recommendation was signed on 08/02/2007 by Judge Mark D. Clarke. (rsm) (Entered: 08/02/2007)
2007-08-16	23	Objections to Findings & Recommendation: Motion for Summary Judgment 10 should be deniedFindings & Recommendation: Motion for Summary Judgment 10 should be denied 22 . Filed by Klamath Siskiyou Wildlands Center. (Dugan, Marianne) (Entered: 08/16/2007)
2007-08-29	24	Response to Objections by Plaintiff to Findings and Recommendation . Filed by all defendants. (Simmons, Timothy) (Entered: 08/29/2007)
2007-08-31	25	ORDER: Findings & Recommendation referred to Judge Panner 10 22 . Objections were filed 23 . Ordered by Magistrate Judge Mark D. Clarke. (rsm) (Entered: 08/31/2007)
2007-11-21	26	ORDER: Denying Motion for Summary Judgment 10 ; Adopting Findings and Recommendation 22 . Judgment is entered for Defendants. Signed on 11/21/2007 by Judge Owen M. Panner. (dkj) (Entered: 11/21/2007)
2007-11-21	27	Judgment is entered for Defendants. Signed on 11/21/2007 by Judge Owen M. Panner. (dkj) (Entered: 11/21/2007)
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