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Case TitleCenter for Biological Diversity v. U.S. Fish and Wildlife Service et al
DistrictDistrict of Colorado
CityDenver
Case Number1:2009cv01288
Date Filed2009-06-02
Date Closed2009-08-31
JudgeChief Judge Wiley Y. Daniel
PlaintiffCenter for Biological Diversity
DefendantU.S. Fish and Wildlife Service
DefendantKen Salazar Secretary of the Department of the Interior
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Opinion/Order [2]
Opinion/Order [13]
Opinion/Order [23]
Opinion/Order [25]
Opinion/Order [28]
Opinion/Order [37]
Opinion/Order [38]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2009-06-021COMPLAINT for Decleratory and Injunctive Relief against U.S. Fish and Wildlife Service, Ken Salazar ( Filing fee $ 350, Receipt Number 19365) Summons Issued, filed by Center for Biological Diversity. (Attachments: # 1 Civil Cover Sheet, # 2 Receipt)(jak, ) (Entered: 06/03/2009)
2009-06-042NOTICE (ORDER) Concerning Waiver of Judicial Disqualification. Any letters waivering disqualification must be sent to Ed Butler, the Legal Officer within 20 days. Plaintiff's counsel to serve defendants and their counsel with a copy of this notice, by Judge Walker D. Miller on 6/4/09. (gmssl, ) (Entered: 06/04/2009)
2009-06-103NOTICE of Entry of Appearance by Timothy Bart Jafek on behalf of U.S. Fish and Wildlife Service, Ken Salazar (Jafek, Timothy) (Entered: 06/10/2009)
2009-06-264NOTICE: A waiver was not received by all parties regarding the 2 Notice Concerning Waiver of Judicial Disqualification. The responses are under seal in paper in the Clerk's Office and will not be revealed to the Court. Text only entry - no document attached. (gms, ) Modified on 6/30/2009 to correct spelling error (gms, ). (Entered: 06/29/2009)
2009-06-295LETTER REASSIGNING CASE. Case reassigned to Chief Judge Wiley Y. Daniel for all further proceedings. Judge Walker D. Miller no longer assigned to the case. (gms, ) (Entered: 06/29/2009)
2009-06-296SUMMONS Returned Executed upon defendant(s) U.S. Fish and Wildlife Service served on 6/5/2009, answer due 07/05/2009; Ken Salazar served on 6/5/2009, answer due 07/05/2009. (Levine, Neil) Modified on 6/30/2009 to correct served and answer due dates (wjc, ). Modified on 7/1/2009 to correct served and answer due dates as this is a Freedom of Information Act case (wjc, ). (Entered: 06/29/2009)
2009-06-298Utility Setting/Resetting Deadlines/Hearings: U.S. Fish and Wildlife Service answer due 8/8/2009; Ken Salazar answer due 8/8/2009 pursuant to Summons Returned Executed as to USA filed 06/29/2009. TEXT ONLY ENTRY - NO DOCUMENT ATTACHED. (wjc, ) (Entered: 06/30/2009)
2009-06-299Utility Setting/Resetting Deadlines/Hearings: U.S. Fish and Wildlife Service answer due 7/5/2009; Ken Salazar answer due 7/5/2009 as this is a Freedom of Information Act case. TEXT ONLY ENTRY - NO DOCUMENT ATTACHED (wjc, ) (Entered: 07/01/2009)
2009-06-307Docket Annotation re: 6 Summons Returned Executed as to USA. Modified on 6/30/2009 to correct served and answer due dates. Text only entry - no document attached. (wjc, ) (Entered: 06/30/2009)
2009-07-0110Docket Annotation re: 6 Summons Returned Executed as to USA. Modified on 7/1/2009 to correct served and answer due dates as this is a Freedom of Information Act case. Text only entry - no document attached. (wjc, ) (Entered: 07/01/2009)
2009-07-0111ORDER REFERRING CASE to Magistrate Judge Kristen L. Mix by Chief Judge Wiley Y. Daniel on 7/1/09. (wydcd, rrk) (Entered: 07/01/2009)
2009-07-0112NOTICE of Entry of Appearance by Neil Levine on behalf of Center for Biological Diversity (Levine, Neil) (Entered: 07/01/2009)
2009-07-0113ORDER Scheduling Conference set for 8/27/2009 09:30 AM in Courtroom C204 before Magistrate Judge Kristen L. Mix, by Magistrate Judge Kristen L. Mix on 7/1/09. (Attachments: # 1 Attachment 1)(ebs, ) (Entered: 07/02/2009)
2009-07-0214AMENDED 12 Notice of Entry of Appearance of Justin Augustine by Plaintiff Center for Biological Diversity. (Levine, Neil) (Entered: 07/02/2009)
2009-07-0215STIPULATION for Extension of Time to Respond by Plaintiff Center for Biological Diversity, Defendants U.S. Fish and Wildlife Service, Ken Salazar. (Jafek, Timothy) (Entered: 07/02/2009)
2009-07-0216Joint MOTION to Continue Scheduling Conference by Plaintiff Center for Biological Diversity, Defendants U.S. Fish and Wildlife Service, Ken Salazar. (Attachments: # 1 Proposed Order (PDF Only))(Levine, Neil) (Entered: 07/02/2009)
2009-07-0217MEMORANDUM regarding 16 Joint MOTION to Continue Scheduling Conference filed by Ken Salazar, Center for Biological Diversity, U.S. Fish and Wildlife Service.Motion referred to Magistrate Judge Kristen L. Mix by Chief Judge Wiley Y. Daniel on 7/2/09. TEXT ONLY ENTRY - NO DOCUMENT ATTACHED (wydcd, rrk) (Entered: 07/02/2009)
2009-07-0218MINUTE ORDER granting 16 Motion to Continue Schedulig Conference. Scheduling Conference Reset for 9/10/2009 09:00 AM in Courtroom C204 before Magistrate Judge Kristen L. Mix. by Magistrate Judge Kristen L. Mix on 7/2/09.(erv, ) (Entered: 07/06/2009)
2009-07-1719Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond re 1 Complaint, by Defendants U.S. Fish and Wildlife Service, Ken Salazar. (Attachments: # 1 Proposed Order (PDF Only))(Jafek, Timothy) (Entered: 07/17/2009)
2009-07-2020MEMORANDUM regarding 19 Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond re 1 Complaint, filed by Ken Salazar, U.S. Fish and Wildlife Service.Motion referred to Magistrate Judge Kristen L. Mix by Chief Judge Wiley Y. Daniel on 7/20/09. TEXT ONLY ENTRY - NO DOCUMENT ATTACHED (wydcd, rrk) (Entered: 07/20/2009)
2009-07-2021MINUTE ORDER granting 19 Motion for Extension of Time to Answer or Otherwise Respond re 1 Complaint; U.S. Fish and Wildlife Service and Ken Salazar answers due 8/28/2009 by Magistrate Judge Kristen L. Mix on 7/20/2009.(klmcd) (Entered: 07/20/2009)
2009-08-2622STIPULATION of Dismissal of Case by Plaintiff Center for Biological Diversity, Defendants U.S. Fish and Wildlife Service, Ken Salazar. (Attachments: # 1 Proposed Order (PDF Only))(Levine, Neil) (Entered: 08/26/2009)
2009-08-2823ORDER APPROVING 22 Stipulation of Dismissal of Case filed by Ken Salazar, Center for Biological Diversity, U.S. Fish and Wildlife Service, Pursuant to Rule 41(a)(1)(A)(ii), and claims one and two are DISMISSED. It is FURTHER ORDERED a judgment will not be entered until Plaintiffs claim for attorney fees and costs is resolved. It is FURTHER ORDERED that the parties shall submit to the Court a proposed briefing schedule to resolve Plaintiffs claim for attorney fees and costs. Upon receipt of the submissions, the Court will likely set a hearing. It is FURTHER ORDERED that the Court will retain jurisdiction over this matter to resolve the attorney fee and cost dispute. by Chief Judge Wiley Y. Daniel on 8/28/09. (erv, ) (Entered: 08/31/2009)
2009-09-0824Joint MOTION for Order to Establish Briefing Schedule for Plaintiff's Motion for Attorney Fees and Costs by Plaintiff Center for Biological Diversity, Defendants U.S. Fish and Wildlife Service, Ken Salazar. (Attachments: # 1 Proposed Order (PDF Only))(Jafek, Timothy) (Entered: 09/08/2009)
2009-09-0925MINUTE ORDER granting 24 Joint Motion to Establish Briefing Schedule for Plaintiff's Motion for Attorney Fees and Costs by Chief Judge Wiley Y. Daniel on 9/9/09. Plaintiff shall file its Motion for Attorney Fees and Costs and supporting papers on or before September 11, 2009. Defendants shall file their opposing brief on or before October 2, 2009. Plaintiff shall file its reply brief on or before October 16, 2009.(wydcd, rrk) (Entered: 09/09/2009)
2009-09-1126STRICKEN MOTION for Attorney Fees and Costs by Plaintiff Center for Biological Diversity. (Attachments: # 1 Affidavit Justin Augustine, # 2 Affidavit Neil Levine, # 3 Affidavit James Jay Tutchton, # 4 Affidavit Willie Shepherd, # 5 Affidavit Lori Potter, # 6 Affidavit Michael Freeman)(Levine, Neil) (Modified on 9/14/2009 STRICKEN pursuant to 28 Minute Order)(erv, ). (Entered: 09/11/2009)
2009-09-1127BRIEF in Support of 26 MOTION for Attorney Fees and Costs filed by Plaintiff Center for Biological Diversity. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7)(Levine, Neil) (Entered: 09/11/2009)
2009-09-1128MINUTE ORDER STRIKING 26 Motion for Attorney Fees with leave to refile in compliance with this Court's Practice Standards and the local rules of this Court. The motion exceeds the page limitations and is not doublespaced. The exhibits need not be resubmitted. by Chief Judge Wiley Y. Daniel on 9/11/09.(erv, ) (Entered: 09/14/2009)
2009-09-1429Motion for Attorney Fees (BRIEF in Support of 26 MOTION for Attorney Fees and Costs) filed by Plaintiff Center for Biological Diversity. (Levine, Neil) (Modified on 3/30/2010 Changed to a Motion pursuant to Judges' chambers)(erv2, ). (Entered: 09/14/2009)
2009-10-0230RESPONSE to 26 MOTION for Attorney Fees and Costs filed by Defendants U.S. Fish and Wildlife Service, Ken Salazar. (Attachments: # 1 Levine Decl., # 2 Pagosans Motion for Atty Fees and Costs (excerpt), # 3 CBA 2008 Economic Survey, # 4 Sept. 1, 2009 offer letter, # 5 Center for Native Ecosystems complaint, # 6 Pagosans complaint, # 7 unpublished decisions)(Jafek, Timothy) (Entered: 10/02/2009)
2009-10-1431MOTION for Leave to File Excess Pages for Reply Brief by Plaintiff Center for Biological Diversity. (Attachments: # 1 Proposed Order (PDF Only) Approving Motion)(Levine, Neil) (Entered: 10/14/2009)
2009-10-1532MINUTE ORDER granting 31 Motion for Leave to File Excess Pages. Plaintiff may file a Reply Brief in Support of Motion for Attorney Fees and Costs not to exceed 14 pages. Entered by Chief Judge Wiley Y. Daniel on 10/15/09.(wydcd, rrk) (Entered: 10/15/2009)
2009-10-1633REPLY to Response to 26 MOTION for Attorney Fees and Costs filed by Plaintiff Center for Biological Diversity. (Attachments: # 1 Exhibit 8, # 2 Exhibit 9, # 3 Affidavit Second Levine Declaration, # 4 Affidavit Stills Declaration)(Levine, Neil) (Entered: 10/16/2009)
2009-10-1934MINUTE ORDER: Set/Reset Hearings: Motion Hearing on Plaintiff's Motion for Attorney Fees and Costs [doc. #26] is set for 2/9/2010 09:30 AM in Courtroom A1002 before Chief Judge Wiley Y. Daniel, entered by Chief Judge Wiley Y. Daniel on 10/19/09. (wydcd, rrk) (Entered: 10/19/2009)
2010-01-0435MINUTE ORDER Setting Hearing on Motion. Motion Hearing on 26 Plaintiff's Motin for Atty fees, set for 3/30/2010 09:30 AM in Courtroom A1002 before Chief Judge Wiley Y. Daniel. Entered by Chief Judge Wiley Y. Daniel on 1/4/10. (wydcd, rrk) (Modified on 1/7/2010 added link to motion(erv, ). (Entered: 01/04/2010)
2010-03-3036Docket Annotation re: 29 MOTION for Attorney Fees. Changed to a Motion pursuant to Judge's chambers. TEXT ONLY ENTRY - NO DOCUMENT ATTACHED (erv2, ) (Entered: 03/30/2010)
2010-03-3037Minute Entry for Motion Hearing held 3/30/2010 before Chief Judge Wiley Y. Daniel: granting 29 Motion for Attorney Fees. Plaintiff shall be awarded attorney fees int he total amouunt of $25,020.00, plus costs. (Court Reporter Therese Lindblom) (wydcd, rrk) (Entered: 03/30/2010)
2010-04-0138ORDER Granting 29 Plaintiffs MOTION for Attorney Fees and Costs filed by Center for Biological Diversity. Plaintiff is awarded both attorney fees in the amount of $15,020 and costs in the amount of $372.84 for the underlying litigation. Plaintiff is awarded $10,000 for fees associated with the fee motion. by Chief Judge Wiley Y. Daniel on 4/1/2010. (erv, ) (Entered: 04/01/2010)
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by FOIA Project Staff
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