Case Detail

FOIA Project Annotation: Judge Colleen Kollar-Kotelly has denied the Interior Department's request for an Open America stay to provide the agency more time to process a request from the Wilderness Society pertaining to the agency's change in its "Disclaimer Rule," a policy shift which enables states, counties and interest groups to get title to federal land in order to build highway and rights-of-way pursuant to a Civil War-era law designed to spur development. The Wilderness Society sent requests in September 2003 to the Interior Department and the Bureau of Land Management, and to the BLM's Arizona office. Several months later, the public interest group's request for a fee waiver was denied. The Society appealed the denial. In February 2004, the agency released some redacted records and the Society appealed the redactions. In April 2004, the Society filed suit, alleging the agency had failed to respond to their request within the time limits, had improperly denied them a fee waiver, and had not responded to their appeal of the fee waiver denial. After the suit was filed, Interior indicated that it had changed its mind and would grant the Society a fee waiver. It also filed a motion requesting a six-month stay. Kollar-Kotelly first dismissed the agency's argument that the Society's claims were now moot because their fee waiver request had been granted. She noted that the Society was not only alleging a failure to grant a fee waiver, but also that the agency had failed to process its request within the statutory time limits. She observed that the Society had administratively appealed both decisions. She pointed out that "importantly, Plaintiffs filed suit in this Court only after two events â€" each separately sufficient to establish jurisdiction â€" took place. First, the Department actually informed Plaintiffs on April 27, 2004 that they were free to seek judicial relief in order to resolve these areas of contention. Second, Plaintiffs ensured that they had made several administrative appeals of the Department's initial decision to refuse to waive the fees associated with the processing of their FOIA requests. The law of this Circuit demonstrates that no further exhaustion by Plaintiffs is required to pursue their claim that Defendants have unlawfully failed to respond to their FOIA requests. As such, Defendants' allegation that Plaintiffs are somehow attempting to 'leapfrog' over the administrative appeal process is simply without merit. Given that a portion of Plaintiffs' Second Amended Complaint remains in controversy, and Plaintiffs properly exhausted their administrative remedies, Defendants' Motion to Dismiss must be denied." Turning to the agency's request for a stay, Kollar-Kotelly pointed out that "Defendants have failed to provide any evidence or make any allegations that would meet the standards necessary to support a stay. . . Defendants provide no analysis, statistics, affidavits, declarations or other sworn statements for agency personnel to support this contention. . . Defendants do no more than allege that the Department faces a large but unspecified volume of requests; as such, they simply fail to establish (1) an unanticipated number of requests; (2) inadequate resources; (3) that they are exercising 'due diligence;' and (4) that they are making 'reasonable progress' in the reduction of their backlog of FOIA requests." Kollar-Kotelly decided that because Interior had begun to disclose some records the status of the case had changed. She ordered the parties to get together to discuss an agreement and report back to the court.
Issues: Delay - Backlog reduction activities, Delay - Stay of proceedings

Date Filed	Doc #	Docket Text
2004-04-22	1	COMPLAINT against BUREAU OF LAND MANAGEMENT, KATHLEEN CLARKE, GALE NORTON, UNITED STATES DEPARTMENT OF THE INTERIOR, ELAINE ZIELINSKI (Filing fee $ 150.) , filed by SOUTHERN UTAH WILDERNESS ALLIANCE, WILDERNESS SOCIETY.(nmw, ) (Entered: 04/23/2004)
2004-04-22		SUMMONS (7) Issued as to BUREAU OF LAND MANAGEMENT ; KATHLEEN CLARKE ; GALE NORTON ; UNITED STATES DEPARTMENT OF THE INTERIOR ; ELAINE ZIELINSKI, U.S. Attorney and U.S. Attorney General (nmw, ) (Entered: 04/23/2004)
2004-04-22	2	LCvR 7.1 - CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by plaintiffs. (nmw, ) (Entered: 04/23/2004)
2004-04-27	3	ORDER Establishing Procedures for Electronic Filing for Cases Assigned to Judge Colleen Kollar-Kotelly, signed by Judge Kollar-Kotelly on April 27, 2004. (SM) (Entered: 04/27/2004)
2004-05-13	4	MOTION for Leave of Edward B. Zukoski to Appear Pro Hac Vice by SOUTHERN UTAH WILDERNESS ALLIANCE, WILDERNESS SOCIETY. (cp, ) (Entered: 05/14/2004)
2004-05-25		MINUTE ENTRY: ORDER granting Edward B. Zukoski's 4 Motion for Leave to Appear Pro Hac Vice contingent on certifying that counsel is familiar with the Court's Local Rules. Signed by Judge Colleen Kollar-Kotelly on May 25, 2004. (SM) (Entered: 05/25/2004)
2004-06-09	5	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to WILDERNESS SOCIETY served on 5/19/2004, answer due 6/18/2004. (Zukoski, Edward) (Entered: 06/09/2004)
2004-06-09	6	ATTORNEY APPEARANCE. (McDaniel, Oliver) (Entered: 06/09/2004)
2004-06-09	7	AMENDED COMPLAINT against all defendantsfiled by SOUTHERN UTAH WILDERNESS ALLIANCE, WILDERNESS SOCIETY.(Zukoski, Edward) (Entered: 06/09/2004)
2004-06-17	8	Consent MOTION for Extension of Time to File Answer re 1 Complaint (Amended), and Memorandum in Support Thereof by BUREAU OF LAND MANAGEMENT, KATHLEEN CLARKE, GALE NORTON, UNITED STATES DEPARTMENT OF THE INTERIOR, ELAINE ZIELINSKI. (Attachments: # 1 Text of Proposed Order)(McDaniel, Oliver) (Entered: 06/17/2004)
2004-07-02	9	MINUTE ENTRY: Paperless ORDER granting nunc pro tunc 8 Consent Motion for Extension of Time until July 23, 2004, to file answer to complaint. Signed by Judge Colleen Kollar-Kotelly on July 2, 2004. (SM) (Entered: 07/02/2004)
2004-07-23	10	MOTION for Extension of Time to File Answer (Two-Day) to Amended Complaint by BUREAU OF LAND MANAGEMENT, KATHLEEN CLARKE, GALE NORTON, UNITED STATES DEPARTMENT OF THE INTERIOR, ELAINE ZIELINSKI. (Attachments: # 1 Text of Proposed Order)(McDaniel, Oliver) (Entered: 07/24/2004)
2004-07-27	11	NOTICE by BUREAU OF LAND MANAGEMENT, KATHLEEN CLARKE, GALE NORTON, UNITED STATES DEPARTMENT OF THE INTERIOR, ELAINE ZIELINSKI of Consent to Plaintiffs' Filing Second Amended Complaint (Attachments: # 1 Copy of Second Amended Complaint)(McDaniel, Oliver) (Entered: 07/27/2004)
2004-07-27	12	NOTICE by SOUTHERN UTAH WILDERNESS ALLIANCE, WILDERNESS SOCIETY re 11 Notice (Other), Notice (Other) Plaintiffs' Notice of Filing Second Amended Complaint (Attachments: # 1 Second Amended Complaint# 2 Exhibit Defendants' Consent to Filing Second Amended Complaint)(Zukoski, Edward) (Entered: 07/27/2004)
2004-07-27	13	Second AMENDED COMPLAINT against BUREAU OF LAND MANAGEMENT, KATHLEEN CLARKE, GALE NORTON, UNITED STATES DEPARTMENT OF THE INTERIOR, ELAINE ZIELINSKI filed by SOUTHERN UTAH WILDERNESS ALLIANCE, WILDERNESS SOCIETY.(nmw, ) (Entered: 07/28/2004)
2004-08-10	14	MOTION to Dismiss Or, in the alternative, , MOTION to Stay re 13 Amended Complaint , and Memorandum of Points and Authorities in Support Thereof by BUREAU OF LAND MANAGEMENT, KATHLEEN CLARKE, GALE NORTON, UNITED STATES DEPARTMENT OF THE INTERIOR, ELAINE ZIELINSKI. (Attachments: # 1 Text of Proposed Order # 2 Declaration of Sue Ellen Sloca)(McDaniel, Oliver) (Entered: 08/10/2004)
2004-08-18	15	ENTERED IN ERROR.....MOTION for Extension of Time to File Memorandum In Opposition To Defendants' Motion To Dismiss Or, In The Alternative, For A Six Month Open America Stay by WILDERNESS SOCIETY. (Angell, James) Modified on 8/18/2004 (Burgess, Joe). (Entered: 08/18/2004)
2004-08-18	16	ENTERED IN ERROR....MOTION for Extension of Time to File Memorandum In Opposition To Defendants' Motion To Dismiss Or, In The Alternative, For A Six Month Open America Stay by WILDERNESS SOCIETY. (Angell, James) Modified on 8/18/2004 (Burgess, Joe). (Entered: 08/18/2004)
2004-08-18	17	MOTION for Extension of Time to File Memorandum In Opposition To Defendants' Motion To Dismiss Or, In The Alternative, For A Six Month Open America Stay by WILDERNESS SOCIETY. (Attachments: # 1 Text of Proposed Order)(Angell, James) (Entered: 08/18/2004)
2004-08-18		NOTICE OF CORRECTED DOCKET ENTRY..... Please note that document #15 and #16 were entered in error as duplicative. Document #17 is the correct document for the record. (Burgess, Joe) (Entered: 08/18/2004)
2004-08-24		MINUTE ENTRY: Paperless ORDER finding as moot 10 Motion for Extension of Time to Answer as Plaintiff filed a Second Amended Complaint. Signed by Judge Colleen Kollar-Kotelly on August 24, 2004. (SM) (Entered: 08/24/2004)
2004-08-24		MINUTE ENTRY: Paperless ORDER granting 17 Motion for Extension of Time until August 27, 2004, to file Opposition to Defendant's Motion to Dismiss or Stay Litigation. Signed by Judge Colleen Kollar-Kotelly on August 24, 2004. (SM) (Entered: 08/24/2004)
2004-08-27	18	Memorandum in opposition to motion re 14 filed by SOUTHERN UTAH WILDERNESS ALLIANCE, WILDERNESS SOCIETY. (Attachments: # 1 Exhibit Exh. 1 - 9 -26-03 FOIA Request to DOI# 2 Exhibit Exh, 2 - 9-26-03 FOIA Request to BLM# 3 Exhibit Exh. 3 - 9-26-03 FOIA Request to AZ BLM# 4 Exhibit Exh. 4 - 11-19-03 DOI FOIA Response# 5 Exhibit Exh. 5 - 12-10-03 DOI FOIA Response# 6 Exhibit Exh. 6 - 10-30-2003 DOI Email# 7 Exhibit Exh. 7 - 12-19-03 TWS FOIA Appeal# 8 Exhibit Exh. 8 - 4-6-04 DOI FOIA Appeal Decision# 9 Exhibit Exh. 9 - 3-25-04 DOI Legal Memo for FOIA Appeal Decision# 10 Exhibit Exh. 10 - 2-6-04 DOI Partial FOIA Response# 11 Exhibit Exh. 11 - 3-22-04 TWS FOIA Appeal of 2-6-04 DOI Response# 12 Exhibit Exh. 12 - 4-27-04 DOI Incomplete Response to 3-22-04 appeal# 13 Exhibit Exh. 13 - Krese v. Executive Office of the President# 14 Exhibit Exh. 14 - Williams v. FBI# 15 Exhibit Exh. 15 - Judicial Watch of Florida)(Zukoski, Edward) (Entered: 08/27/2004)
2004-09-02	19	MOTION to Amend/Correct 18 Memorandum in Opposition,,, by SOUTHERN UTAH WILDERNESS ALLIANCE, WILDERNESS SOCIETY. (Attachments: # 1 Exhibit Proposed CORRECTED Opp to motion to dismiss & stay# 2 Exhibit Exh. 1 to Memo - 9-26-03 FOIA Request to DOI# 3 Exhibit Exh. 2 to Memo - 9-26-03 FOIA Request to BLM.# 4 Exhibit Exh. 3 to Memo - 9-26-03 FOIA Request to AZ BLM# 5 Exhibit Exh. 4 to Memo - 11-19-03 DOI FOIA Response# 6 Exhibit Exh. 5 to Memo - 12-10-03 DOI FOIA Response# 7 Exhibit Exh. 6 to Memo - 10-30-2003 DOI Email# 8 Exhibit Exh. 7 to Memo - 12-19-03 TWS FOIA Appeal# 9 Exhibit Exh. 8 to Memo - 4-6-04 DOI FOIA Appeal Decision# 10 Exhibit Exh. 9 to Memo - 3-25-04 DOI Legal Memo for FOIA Appeal Decision# 11 Exhibit Exh. 10 to Memo - 2-6-04 DOI Partial FOIA Response# 12 Exhibit Exh. 11 to Memo - 3-22-04 TWS FOIA Appeal of 2-6-04 DOI Response# 13 Exhibit Exh. 12 to Memo - 4-27-04 DOI Incomplete Response to 3-22-04 appeal# 14 Exhibit Exh. 13 to Memo - Krese v. Executive Office of the President.# 15 Exhibit Exh. 14 to Memo - Williams v. FBI# 16 Exhibit Exh. 15 to Memo - Judicial Watch of Florida)(Zukoski, Edward) (Entered: 09/02/2004)
2004-09-29	20	Unopposed MOTION to Amend/Correct 18 Memorandum in Opposition,,, by WILDERNESS SOCIETY. (Attachments: # 1 # 2 # 3 # 4 # 5 # 6 # 7 # 8 # 9 # 10 # 11 # 12 # 13 # 14 # 15 # 16 )(Zukoski, Edward) (Entered: 09/29/2004)
2004-10-04	21	MOTION for Summary Judgment and Memorandum In Support by WILDERNESS SOCIETY. (Attachments: # 1 # 2 # 3 # 4 # 5 # 6 # 7 # 8 # 9 # 10 # 11 # 12 # 13 # 14 )(Zukoski, Edward) (Entered: 10/04/2004)
2004-10-22	22	Consent MOTION for Extension of Time to File Response to Plaintiff's Motion for Summary Judgment by BUREAU OF LAND MANAGEMENT, KATHLEEN CLARKE, GALE NORTON, UNITED STATES DEPARTMENT OF THE INTERIOR, ELAINE ZIELINSKI. (McDaniel, Oliver) (Entered: 10/22/2004)
2004-11-01		MINUTE ENTRY: Paperless ORDER granting nunc pro tunc 22 Consent Motion for Extension of Time to Respond to Plaintiff's Motion for Summary Judgment, until and including October 29, 2004, signed by Judge Colleen Kollar-Kotelly on November 1, 2004. (SM) (Entered: 11/01/2004)
2004-11-02	23	MOTION Motion to Treat As Conceded Plaintiffs' Motion for Summary Judgment by WILDERNESS SOCIETY. (Jones, Leslie) (Entered: 11/02/2004)
2004-11-04	24	MOTION for Leave to File Opposition to Plaintiff's Motion for Summary Judgment by BUREAU OF LAND MANAGEMENT, KATHLEEN CLARKE, GALE NORTON, UNITED STATES DEPARTMENT OF THE INTERIOR, ELAINE ZIELINSKI. (Attachments: # 1 Memorandum in Opposition to Plaintiffs' Motion for Summary Judgment)(McDaniel, Oliver) (Entered: 11/04/2004)
2004-11-04	25	Memorandum in opposition to motion re 23 filed by BUREAU OF LAND MANAGEMENT, KATHLEEN CLARKE, GALE NORTON, UNITED STATES DEPARTMENT OF THE INTERIOR, ELAINE ZIELINSKI. (McDaniel, Oliver) (Entered: 11/04/2004)
2004-11-04	26	Memorandum in opposition re 21 plaintiffs' motion for summary judgment filed by BUREAU OF LAND MANAGEMENT, KATHLEEN CLARKE, GALE NORTON, UNITED STATES DEPARTMENT OF THE INTERIOR, ELAINE ZIELINSKI (for scanned image, see doc 25 . (cp, ) (Entered: 11/18/2004)
2004-11-12	27	REPLY IN SUPPORT OF PLAINTIFFS' MOTION FOR SUMMARY JUDGMENT 21 and PLAINTIFFS' MOTION TO TREAT AS CONCEDED PLAINTIFFS' MOTION FOR SUMMARY JUDGMENT filed by SOUTHERN UTAH WILDERNESS ALLIANCE, WILDERNESS SOCIETY. (Zukoski, Edward) Modified on 11/18/2004 (cp, ). (Entered: 11/12/2004)
2004-11-12	28	Memorandum in Opposition re: 24 defendants' motion for leave to file opposition filed by SOUTHERN UTAH WILDERNESS ALLIANCE, WILDERNESS SOCIETY (for scanned image, see doc. 27 . (cp, ) Modified on 11/18/2004 (cp, ). Modified on 12/6/2004 (cp, ). (Entered: 11/18/2004)
2004-11-12	29	REPLY in support of 23 plaintiffs' Motion to treat as conceded filed by SOUTHERN UTAH WILDERNESS ALLIANCE, WILDERNESS SOCIETY (for scanned image, see doc. 27 ). (cp, ) Modified on 12/6/2004 (cp, ). (Entered: 11/18/2004)
2004-11-17		MINUTE ENTRY: Paperless ORDER granting nunc pro tunc 24 Motion for Leave to File Opposition to Plaintiff's Motion for Summary Judgment on November 4, 2004. Signed by Judge Colleen Kollar-Kotelly on November 17, 2004. (SM) (Entered: 11/17/2004)
2005-05-20	30	NOTIFICATION OF SUPPLEMENTAL AUTHORITY by WILDERNESS SOCIETY, SOUTHERN UTAH WILDERNESS ALLIANCE (Attachments: # 1 Exhibit Exhibit 1# 2 Exhibit Exhibit 2 - Notice of Exhibit Attachment)(Zukoski, Edward) (Entered: 05/20/2005)
2005-08-18	31	NOTIFICATION OF SUPPLEMENTAL AUTHORITY by WILDERNESS SOCIETY (Attachments: # 1 Exhibit Exhibit 1. Letter of S.E. Sloca# 2 Exhibit Exhibit 2 - Notice re Exhibit Attachment)(Zukoski, Edward) (Entered: 08/18/2005)
2005-09-12	32	ORDER denying 14 Defendants' Motion to Dismiss or, in the Alternative, Motion for an Open America Stay; granting 19 Plaintiffs' Motion to Amend/Correct 18 Plaintiffs' Memorandum in Opposition to 14 Defendants' Motion to Dismiss or, in the Alternative, Motion for an Open America Stay; granting 20 Plaintiffs' Unopposed Motion to Amend/Correct 18 Plaintiffs' Memorandum in Opposition to 14 Defendants' Motion to Dismiss or, in the Alternative, Motion for an Open America Stay; denying without prejudice 21 Plaintiffs' Motion for Summary Judgment; denying nunc pro tunc 23 Plaintiffs' Motion to Treat as Conceded 21 Plaintiffs' Motion for Summary Judgment; and directing that the parties are to meet and confer, and provide the Court with a Joint Status Report by Wednesday, September 28, 2005 setting out the information and proposed dates as specified in this Court's accompanying Memorandum Opinion. Signed by Colleen Kollar-Kotelly on September 12, 2005. (lcckk2) (Entered: 09/12/2005)
2005-09-12	33	MEMORANDUM OPINION. Signed by Colleen Kollar-Kotelly on September 12, 2005. (lcckk2) (Entered: 09/12/2005)
2005-09-27	34	Consent MOTION for Extension of Time to Comply with Court Order by ELAINE ZIELINSKI, UNITED STATES DEPARTMENT OF THE INTERIOR, BUREAU OF LAND MANAGEMENT, GALE NORTON, KATHLEEN CLARKE. (Attachments: # 1 Text of Proposed Order)(McDaniel, Oliver) (Entered: 09/27/2005)
2005-09-29		MINUTE ENTRY - ORDER granting nunc pro tunc 34 Defendants' Consent Motion for Extension of Time to Comply with Court Order until and including October 3, 2005. Signed by Judge Colleen Kollar-Kotelly on September 29, 2005. (SM) (Entered: 09/29/2005)
2005-10-03	35	STATUS REPORT Joint Status Report by WILDERNESS SOCIETY, SOUTHERN UTAH WILDERNESS ALLIANCE. (Attachments: # 1 Text of Proposed Order)(Zukoski, Edward) (Entered: 10/03/2005)
2005-10-18		MINUTE ENTRY - PAPERLESS ORDER: The Court hereby grants the proposed order filed by the parties as part of the their Joint Status Report to the Court on October 3, 2005. Accordingly, the parties shall abide by the following schedule: By Octobeer 17, 2005, Defendants the Department of the Interior et al shall complete their response to Plaintiffs' Feedom of Information Act (FOIA) request (of September 2003); by December 16, 2005, Defendants shall complete and submit to the Court and Plaintiff their Vaughn index; By January 18, 2006, parties shall file cross-motions for summary judgment; by February 16, 2006, parties shall file oppositions to cross-motions for summary judgment; and by March 3, 2006, parties shall file replies in support of their motions for summary judgment. Signed by Judge Colleen Kollar-Kotelly on October 18, 2005. (SM) (Entered: 10/18/2005)
2005-10-28	36	NOTICE of Compliance with Court Order by ELAINE ZIELINSKI, UNITED STATES DEPARTMENT OF THE INTERIOR, BUREAU OF LAND MANAGEMENT, GALE NORTON, KATHLEEN CLARKE (McDaniel, Oliver) (Entered: 10/28/2005)
2005-12-14	37	Consent MOTION for Extension of Time to File Vaughn Index and Briefing by ELAINE ZIELINSKI, UNITED STATES DEPARTMENT OF THE INTERIOR, BUREAU OF LAND MANAGEMENT, GALE NORTON, KATHLEEN CLARKE. (Attachments: # 1 Text of Proposed Order)(McDaniel, Oliver) (Entered: 12/14/2005)
2006-01-11		MINUTE ENTRY - PAPERLESS ORDER granting Defendants' 37 Consent Motion for Enlargement of Current Schedule for Filing a Vaughn Index and for Briefing. Defendants shall have until and including January 17, 2006, to make additional disclosures of documents or portions thereof as to which Defendants will not be asserting an exemption under the Freedom of Information Act and to file a Vaughn Index. Cross-motions due no later than February 16, 2006; Oppositions due no later than March 17, 2006; replies due no later than March 31, 2006. Signed by Judge Colleen Kollar-Kotelly on January 11, 2006. (SM) (Entered: 01/11/2006)
2006-01-17	38	NOTICE OF FILING VAUGHN INDEX AND MAKING DISCLOSURES by ELAINE ZIELINSKI, UNITED STATES DEPARTMENT OF THE INTERIOR, BUREAU OF LAND MANAGEMENT, GALE NORTON, KATHLEEN CLARKE (Attachments: # 1 Declaration of John Livornese# 2 Vaughn Index)(McDaniel, Oliver) (Entered: 01/17/2006)
2006-02-16	39	Unopposed MOTION for Extension of Time to File Cross Motions for Summ Jment by WILDERNESS SOCIETY, SOUTHERN UTAH WILDERNESS ALLIANCE. (Attachments: # 1 Text of Proposed Order)(Zukoski, Edward) (Entered: 02/16/2006)
2006-02-17		MINUTE ENTRY - PAPERLESS ORDER granting 39 Plaintiffs' Unopposed Motion for Enlargement of the Current Schedule for Supplementing the Vaughn Index and for Briefing. Accordingly, Defendants Department of Interior, et al, shall have until and including February 24, 2006, to file a supplement to the Vaughn index that will enable the Court and the parties to identify documents in that index by the number on the document previously released to Plaintiffs The Wilderness Society, et al; and FURTHER ORDERED that the briefing schedule hereby is enlarged as follows: the parties shall file cross-motions for summary judgment on or before March 17, 2006; oppositions shall be filed on or before April 13, 2006; and replies shall be filed on or before May 2, 2006. Signed by Judge Colleen Kollar-Kotelly on February 17, 2006. (SM) (Entered: 02/17/2006)
2006-03-02	40	Consent MOTION for Leave to File Supplement to Vaughn Index by ELAINE ZIELINSKI, UNITED STATES DEPARTMENT OF THE INTERIOR, BUREAU OF LAND MANAGEMENT, GALE NORTON, KATHLEEN CLARKE. (Attachments: # 1 Supplement to Vaughn Index)(McDaniel, Oliver) (Entered: 03/02/2006)
2006-03-17	41	Unopposed MOTION for Extension of Time to File Amended Vaughn Index and Motions for Summ. Jment by WILDERNESS SOCIETY, SOUTHERN UTAH WILDERNESS ALLIANCE. (Attachments: # 1 Text of Proposed Order)(Zukoski, Edward) (Entered: 03/17/2006)
2006-03-20		MINUTE ENTRY ORDER granting nunc pro tunc 40 Plaintiffs' Unopposed Motion for Leave to File Supplement to Vaughn Index. Signed by Judge Colleen Kollar-Kotelly on March 20, 2006. (SM) (Entered: 03/20/2006)
2006-03-21		MINUTE ENTRY ORDER granting 41 Plaintiffs' Unopposed Motion for Extension of the Current Schedule for Amending the Vaughn Index and for Briefing. It is FURTHER ORDERED that Defendants Department of Interior, et al, shall have until and including April 12, 2006, to file an amended Vaughn index as proposed; Defendants Department of Interior, et al, shall also by April 12, 2006, deliver to Plaintiffs The Wilderness Society, et al, any previously withheld records that DOI determines that it must or may release; FURTHER ORDERED that the briefing schedule is hereby enlarged so that the parties shall file cross-motions for summary judgment by May 3, 2006, oppositions by May 31, 2006, and replies on or before June 14, 2006. Signed by Judge Colleen Kollar-Kotelly on March 21, 2006.(SM) (Entered: 03/21/2006)
2006-04-12	42	NOTICE of Filing Supplemental Vaughn Index by ELAINE ZIELINSKI, UNITED STATES DEPARTMENT OF THE INTERIOR, BUREAU OF LAND MANAGEMENT, GALE NORTON, KATHLEEN CLARKE re 38 Notice (Other), Notice (Other) (Attachments: # 1 Declaration of Lizzette Katilius# 2 Supplemental Vaughn Index)(McDaniel, Oliver) (Entered: 04/12/2006)
2006-05-03	43	Consent MOTION to Stay by ELAINE ZIELINSKI, UNITED STATES DEPARTMENT OF THE INTERIOR, BUREAU OF LAND MANAGEMENT, GALE NORTON, KATHLEEN CLARKE. (Attachments: # 1 Text of Proposed Order)(McDaniel, Oliver) (Entered: 05/03/2006)
2006-05-04		MINUTE ORDER (paperless): Upon consideration of Defendants' Consent Motion for a Stay, and Memorandum in Support Thereof, and it appearing based on the motion and the entire record in the case, that good cause exists to grant the motion, it is, this 4th day of May, 2006, ORDERED that 43 Defendants' Consent Motion to Stay is GRANTED, and that a stay of all proceedings, including the briefing schedule previously ordered, shall be in effect for a period of 30 days (commencing May 3, 2006) so that the parties may entertain possible settlement negotiations. Signed by Judge Colleen Kollar-Kotelly on May 4, 2006. (lcckk2) (Entered: 05/04/2006)
2006-06-01	44	Consent MOTION to Stay (Continued) by ELAINE ZIELINSKI, UNITED STATES DEPARTMENT OF THE INTERIOR, BUREAU OF LAND MANAGEMENT, GALE NORTON, KATHLEEN CLARKE. (Attachments: # 1 Text of Proposed Order)(McDaniel, Oliver) (Entered: 06/01/2006)
2006-06-05		MINUTE ENTRY ORDER (PAPERLESS) granting 44 Consent Motion for Continued Stay for 30 days, until and including July 3, 2006. Signed by Judge Colleen Kollar-Kotelly on June 5, 2006. (SM) (Entered: 06/05/2006)
2006-06-30	45	Consent MOTION to Stay Briefing by WILDERNESS SOCIETY, SOUTHERN UTAH WILDERNESS ALLIANCE. (Attachments: # 1 Text of Proposed Order)(Zukoski, Edward) (Entered: 06/30/2006)
2006-07-06		MINUTE ENTRY ORDER (Paperless) granting nunc pro tunc 45 Consent Motion for Continued Stay for 30 days from July 2, 2006. Accordingly, this case shall remain stayed until and including August 1, 2006. Signed by Judge Colleen Kollar-Kotelly on July 6, 2006. (SM) (Entered: 07/06/2006)
2006-07-28	46	Consent MOTION to Stay (from August 2, to September 1, 2006) by ELAINE ZIELINSKI, UNITED STATES DEPARTMENT OF THE INTERIOR, BUREAU OF LAND MANAGEMENT, GALE NORTON, KATHLEEN CLARKE. (Attachments: # 1 Text of Proposed Order)(McDaniel, Oliver) (Entered: 07/28/2006)
2006-08-07		MINUTE ORDER (paperless): It is hereby ORDERED that the parties' 46 Consent MOTION to Stay (from August 2, to September 1, 2006) is GRANTED nunc pro tunc. Signed by Judge Colleen Kollar-Kotelly on August 7, 2006. (lcckk2) (Entered: 08/07/2006)
2006-08-10		MINUTE ORDER (paperless): In the Defendants' July 28, 2006 Status Report and Consent Motion to Stay, the parties informed the Court that they had reached a settlement in principle in the above-captioned case regarding all document disclosure issues, while discussions regarding Plaintiffs' fees and costs remain ongoing. Pursuant to the settlement in principle of the main thrust of Plaintiffs' Complaint and subsequent discussions held with the parties, it is hereby ORDERED that this case is DISMISSED. The dismissal shall be without prejudice for 60 days, until Monday, October 9, 2006. Should counsel fail to move to extend this period or to reopen the case on or prior to October 9, 2006, the matter shall, without further order, stand dismissed with prejudice. Signed by Judge Colleen Kollar-Kotelly on August 10, 2006. (lcckk2) (Entered: 08/10/2006)
2006-10-05	47	Unopposed MOTION for Extension of Time to Dismiss Case Without Prejudice by WILDERNESS SOCIETY, SOUTHERN UTAH WILDERNESS ALLIANCE. (Attachments: # 1 Text of Proposed Order)(Zukoski, Edward) (Entered: 10/05/2006)
2006-10-05		MINUTE ENTRY ORDER (paperless) granting 47 Plaintiffs' Unopposed Motion to Extend for 30 Days the August 10, 2006 dismissal Without Prejudice. Accordingly, the case shall remain dismissed without prejudice until and including Monday, November 6, 2006. Should counsel fail to move to extend this period or reopen the case by c.o.b. November 6, 2006, the matter shall, without further order, stand dismissed with prejudice. Signed by Judge Colleen Kollar-Kotelly on October 5, 2006. (SM) (Entered: 10/05/2006)
2006-11-06	48	Unopposed MOTION for Extension of Time to Dismiss Case without Prejudice by WILDERNESS SOCIETY, SOUTHERN UTAH WILDERNESS ALLIANCE. (Attachments: # 1 Text of Proposed Order)(Zukoski, Edward) (Entered: 11/06/2006)
2006-11-06		MINUTE ENTRY ORDER (paperless) granting 48 Plaintiffs' Unopposed Motion for 30-Day Extension of Dismissal Without Prejudice to finalize settlement. Accordingly, the case shall remain dismissed without prejudice until and including December 6, 2006, while discussions regarding Plaintiff's fees and costs remain ongoing. Should counsel fail to move to extend or reopen within the prescribed period, the matter shall, without further order, stand dismissed with prejudice. Signed by Judge Colleen Kollar-Kotelly on November 6, 2006. (SM) (Entered: 11/06/2006)
2006-12-05	49	STIPULATION of Dismissal and Settlement (Proposed Order to be Approved by the Court) by ELAINE ZIELINSKI, WILDERNESS SOCIETY, SOUTHERN UTAH WILDERNESS ALLIANCE, UNITED STATES DEPARTMENT OF THE INTERIOR, BUREAU OF LAND MANAGEMENT, GALE NORTON, KATHLEEN CLARKE. (McDaniel, Oliver) (Entered: 12/05/2006)
2006-12-13	50	STIPULATION AND ORDER, nunc pro tunc to 12/6/2006. Signed by Judge Colleen Kollar-Kotelly on 12/6/06. (dot, ) (Entered: 12/13/2006)
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