Case Detail

FOIA Project Annotation: A federal magistrate judge ruled that the Fish and Wildlife Service conducted an adequate search for records concerning the delisting of the grizzly bear from the endangered species list and that the agency properly invoked Exemption 5 (privileges) to withhold several documents. Robert Aland requested records related to a letter sent by Wyoming Gov. Matthew Mead to Interior Secretary Kenneth Salazar requesting an expedited effort to delist the grizzly bear, Salazar's response, and any records referencing a 2011 Ninth Circuit opinion that had invalidated the government's prior efforts to delist the grizzly. Aland challenged the agency's use of various terms to search for records as overbroad, resulting in many non-responsive documents. But Magistrate Judge Susan Cox noted that the terms used are "those terms directly taken from his FOIA request. . .[P]laintiff does not explain how defendants could have more narrowly focused on what plaintiff was seeking." Aland contended that his suit prodded the agency to disclose the records after the litigation commenced. But Cox accepted the agency's explanation that it had made the documents available to Aland on a temporary website in 2012 and it was not until he filed suit that the agency discovered he had not received them. Aland claimed more documents must exist, but Cox pointed out that "we have no way to assess this claim. Plaintiff fails to offer support that more documents exist, or provide the Court with an analysis of why the records he did receive are irrelevant, or show an obvious hole in the defendants' production." The agency had withheld emails under the deliberative process privilege. Aland claimed the emails were not predecisional because they related to the already published Ninth Circuit decision. But after examining the emails in camera, Cox agreed that they were protected and noted that "these emails do not relate to any decision discussed in those letters. . .These emails appear to be addressing a different issue entirely, albeit related to grizzly bear de-listing. These emails can also be considered predecisional, as it appears that the agency has yet to decide what it will be doing in respect to sheep grazing in the bears' habitat and, ultimately, what it will do prior to again attempting to de-list the grizzly bear." Aland argued that the attorney-client privilege did not apply to several documents because they were disseminated to non-lawyers. Cox noted that "in each of these communications the individuals were either government lawyers or agency employees. . .That more than one agency employee was involved does not waive the privilege."
Issues: Adequacy - Search, Exemption 5 - Privileges - Attorney-client privilege, Exemption 5 - Privileges - Deliberative process privilege - Deliberative, Exemption 5 - Privileges - Deliberative process privilege - Predecisional

Date Filed	Doc #	Docket Text
2013-05-13	1	COMPLAINT filed by Robert H. Aland (np, ) (Entered: 05/14/2013)
2013-05-13	2	CIVIL Cover Sheet (np, ) (Entered: 05/14/2013)
2013-05-13	3	PRO SE Appearance by Plaintiff Robert H. Aland (np, ) (Entered: 05/14/2013)
2013-05-13	5	SUMMONS Issued as to Defendants Sally Jewell, Christopher Servheen, U.S Department of the Interior (np, ) (Entered: 05/14/2013)
2013-05-13	6	AFFIDAVIT of Service filed by Plaintiff Robert H. Aland regarding summons served on US Attorney and Attorney General on 05/13/2013. (np, ) (Entered: 05/14/2013)
2013-05-13	7	AFFIDAVIT of Service filed by Plaintiff Robert H. Aland regarding summons served on Attorney General on 05/13/2013 (np, ) (Entered: 05/15/2013)
2013-05-13	8	AFFIDAVIT of Service filed by Plaintiff Robert H. Aland regarding summons served on U.S. Attorney on 05/13/2013 (np, ) (Entered: 05/15/2013)
2013-05-13	9	SUMMONS Returned Executed by Robert H. Aland as to Sally Jewell on 5/13/2013, answer due 07/12/2013. (np, ) (Entered: 05/15/2013)
2013-05-13	10	SUMMONS Returned Executed by Robert H. Aland as to U.S Department of the Interior served on 5/13/2013, answer due 7/12/2013 (np, ) (Entered: 05/15/2013)
2013-05-13	11	SUMMONS Returned Executed by Robert H. Aland as to Christopher Servheen served on 5/13/2013, answer due 7/12/2013 (np, ) (Entered: 05/15/2013)
2013-07-09	12	DESIGNATION of David R Lidow as U.S. Attorney for Defendants Sally Jewell, Christopher Servheen, U.S Department of the Interior (Lidow, David) (Entered: 07/09/2013)
2013-07-29		ALIAS SUMMONS Issued as to All defendants, and U.S. Attorney General (jn, ) (Entered: 07/29/2013)
2013-07-31	13	SUMMONS Returned Executed by Robert H. Aland as to Defendants Sally Jewell, Christopher Servheen, U.S Department of the Interior. (Attachments: # 1 Return of Service, # 2 Return of Service)(kj, ) (Entered: 08/01/2013)
2013-07-31	14	AFFIDAVIT of Service filed by Plaintiff Robert H. Aland regarding Alias Summons served on Attorney General on 7/30/2013. (kj, ) (Entered: 08/01/2013)
2013-09-24	15	ANSWER to Complaint by Sally Jewell, Christopher Servheen, U.S Department of the Interior(Lidow, David) (Entered: 09/24/2013)
2013-10-07	16	GENERAL ORDER 13-0018 dated 10/7/13: IT IS HEREBY ORDERED, effective October 1, 2013, that all civil litigation involving as a party the United States of America, is immediately suspended, postponed and held in abeyance continuing for a period of fourteen (14) days from the date of entry of this General Order (For Further Details See Attached Order). Signed by Chief Judge Castillo.(kj, ) (Entered: 10/08/2013)
2013-10-17	17	GENERAL ORDER 13-0019 dated 10/17/13: IT IS THEREFORE ORDERED, that the stay entered by General Order 13-0018 is hereby lifted, and any and all deadlines in the affected civil litigation (whether established by order, rule, or agreement), including but not limited to any scheduled discovery and pleading dates, are extended by 28 days. The Court warns litigants that this General Order does not purport to affect rights to or deadlines concerning appeal from any decision of this Court. Any litigant affected by this General Order may see relief from the order by motion. Trial dates in the affected cases will stand, although they may need to be adjusted in individual cases to account for the extension of other dates. The Court may, in any particular case, vary the effect or operation of this General Order by a separate ruling. (For Further Details See Attached Order). Signed by Chief Judge Castillo. (kj, ) (Entered: 10/17/2013)
2013-12-05	18	MINUTE entry before the Honorable Robert W. Gettleman: Status hearing is set for 12/12/2013 at 9:00 a.m. Mailed notice (gds) (Entered: 12/05/2013)
2013-12-10	19	STATUS Report (JOINT) by Robert H. Aland, Sally Jewell, Christopher Servheen, U.S Department of the Interior (Lidow, David) (Entered: 12/10/2013)
2013-12-10	20	MOTION by Plaintiff Robert H. Aland to compel defendants to (A) respond to plaintiff's first set of interrogatories and (B) produce complete Vaughn Index(Attachment). (jmp, ) (Entered: 12/12/2013)
2013-12-12	21	JOINT CONSENT to Exercise of Jurisdiction by a United States Magistrate Judge (mr, ) (Entered: 12/16/2013)
2013-12-13	22	ORDER REASSIGNING Case to the Honorable Arlander Keys, pursuant to Local Rule 73.1(B) for all further proceedings parties having consented to the reassignment. Signed by Honorable Robert W. Gettleman on December 13, 2013.(tlp, ) (Entered: 12/16/2013)
2013-12-16	23	MINUTE entry before the Honorable Arlander Keys: Briefing as to MOTION by Plaintiff Robert H. Aland to compel defendants to (A) respond to plaintiff's first set of interrogatories and (B) produce complete Vaughn Index 20 is set as follows: Response due by 12/26/2013. Reply due by 1/6/2014. Status hearing set for 1/10/2014 at 9:00 AM.Mailed notice (tlp, ) (Entered: 12/16/2013)
2013-12-20	24	MINUTE entry before the Honorable Arlander Keys: By agreement briefing as to MOTION by Plaintiff Robert H. Aland to compel 20 is modified as follows: Response due by 12/30/2013. Reply due by 1/10/2014. Status hearing set for 1/10/2014 is stricken and reset to 1/13/2014 at 9:00 AM. Mailed notice (tlp, ) (Entered: 12/20/2013)
2013-12-30	25	RESPONSE by Sally Jewell, Christopher Servheen, U.S Department of the Interiorin Opposition to MOTION by Plaintiff Robert H. Aland to compel 20 (Lidow, David) (Entered: 12/30/2013)
2014-01-10	27	REPLY by Plaintiff Robert H. Aland to Defendants' Response (Doc. 25 ) to Plaintiff's Motion to Compel Defendants to (A) Respond to Plaintiff's First Set of Interrogatories and (B) Produce Complete Vaughn Index (Doc. 20 ) (mr, ) (Entered: 01/14/2014)
2014-01-13	26	MINUTE entry before the Honorable Arlander Keys: Magistrate Judge Status hearing held on 1/13/14. Leave is granted to defendants to file motion for summary judgment by 2/24/14. Mr. Aland's response and cross motion for summary judgment are due by 4/7/14. If Mr. Aland cannot file a proper response without some discovery, he is given leave to file a motion to convince the Court that he needs some discovery before filing his response and/or cross motion for summary judgment. Defendants response and reply due by 4/28/14. Defendants to submit unredacted documents being held on grounds of privilege,under seal, and to this Court for in camera review by 2/24/14. MOTION by Plaintiff Robert H. Aland to compel 20 is held in abeyance. Mailed notice (tlp, ) (Entered: 01/13/2014)
2014-02-21	28	TRANSCRIPT OF PROCEEDINGS held on 1/13/2014 before the Honorable Arlander Keys. Court Reporter Contact Information: ALEXANDRA ROTH, (312) 408-5038, alexandra_roth@ilnd.uscourts.gov. IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 3/14/2014. Redacted Transcript Deadline set for 3/24/2014. Release of Transcript Restriction set for 5/22/2014. (Roth, Alexandra) (Entered: 02/21/2014)
2014-02-24	29	MOTION by Defendants Christopher Servheen, Sally Jewell, U.S Department of the Interior for summary judgment (Lidow, David) (Entered: 02/24/2014)
2014-02-24	30	MEMORANDUM by Sally Jewell, Christopher Servheen, U.S Department of the Interior in support of motion for summary judgment 29 (Lidow, David) (Entered: 02/24/2014)
2014-02-24	31	RULE 56 56.1 Statement (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Lidow, David) (Entered: 02/24/2014)
2014-02-24	32	notice to pro se litigant by Sally Jewell, Christopher Servheen, U.S Department of the Interior (Lidow, David) (Entered: 02/24/2014)
2014-04-07	33	PLAINTIFF'S FRCP 56 and LR 56.1 Motion for Summary Judgment Relating to Plaintiff's Complaint Under Freedom of Information Act for Injunctive Relief and Order for Production of Agency Records by Plaintiff Robert H. Aland (mr, ) (Entered: 04/10/2014)
2014-04-07	34	MEMORANDUM of Law by Robert H. Aland in Support of Plaintiff's FRCP 56 and LR 56.1 Motion for Summary Judgment Relating to Complaint Under Freedom of Information Act for Injunctive Relief and Order for Production of Agency Records 33 (mr, ) (Entered: 04/10/2014)
2014-04-07	35	RULE 56.1(A) Statement of Material Facts as to Which Plaintiff Contends There Is No Genuine Issue in Support of Plaintiff's Motion for Summary Judgment Relating to Complaint Under Freedom of Information Act for Injunctive Relief and Order for Production of Agency Records(mr, ) (Entered: 04/10/2014)
2014-04-07	36	DECLARATION of Robert H. Aland (mr, ) (Entered: 04/10/2014)
2014-04-07	37	LOCAL RULE 56.1(B)RESPONSE by Plaintiff Robert H. Aland to Defendants' Local Rule 56.1 Statement of Material Facts in Support of United States' Motion for Summary Judgment (Doc. 31) (mr, ) (Entered: 04/10/2014)
2014-04-07	38	MEMORANDUM of Law in Response to Defendants' Memorandum of Law in Support of Defendants' Motion for Summary Judgment (Doc. 30) by Robert H. Aland (mr, ) (Entered: 04/10/2014)
2014-04-22	39	MINUTE entry before the Honorable Arlander Keys: The parties agree that the deadline for Defendants' reply to its motion for summary judgment 29 is extended from April 28, 2014, to May 7, 2014. Defendants' response to plaintiff's motion for summary judgment 33 is extended from April 28, 2014, to May 7, 2014, and the deadline of June 13, 2014 is established for Plaintiff's reply. Mailed notice (tlp, ) (Entered: 04/22/2014)
2014-05-05	40	MINUTE entry before the Honorable Arlander Keys: Defendant's oral request for extension of time (by 1 week) for the briefing schedule on the parties' motions for summary judgment 33 , 29 is set as follows: Responses due by 5/14/2014. Replies due by 6/20/2014. Plaintiff has no objection to this request. Mailed notice (tlp, ) (Entered: 05/05/2014)
2014-05-14	41	REPLY by Defendants Sally Jewell, Christopher Servheen, U.S Department of the Interior to memorandum in support of motion, 34 , motion for summary judgment 33 (Lidow, David) (Entered: 05/14/2014)
2014-05-14	42	RULE 56 Statement by Sally Jewell, Christopher Servheen, U.S Department of the Interior regarding motion for summary judgment 33 (Lidow, David) (Entered: 05/14/2014)
2014-05-30	43	EXECUTIVE COMMITTEE ORDER: It appearing that, effective May 30, 2014, Magistrate Judge Arlander Keys will retire from service as a recalled magistrate judge sitting in the Eastern Division of this Court; and It appearing that referrals, civil and miscellaneous cases previously pending before Magistrate Judge Arlander Keys require reassignment, therefore It is hereby ordered that the cases and referrals on the attached list are to be reassigned to other magistrate judges of this Court as indicated. It is also ordered that subsequent referrals where Magistrate Judge Keys is the designated magistrate judge, the Clerk shall designate by lot another magistrate judge. Case reassigned to the Honorable Susan E. Cox for all further proceedings. Signed by Executive Committee on May 30, 2014. Mailed notice. (lcw, ) (Entered: 06/02/2014)
2014-06-03	44	MINUTE entry before the Honorable Susan E. Cox: Status hearing set for 6/12/2014 at 09:30 a.m. before Magistrate Judge Cox. Mailed notice (np, ) (Entered: 06/03/2014)
2014-06-12	45	MINUTE entry before the Honorable Susan E. Cox:Magistrate Judge Status hearing held. Both sides presented an oral status report on the case. No further dates to be set. Briefing schedule on Defendant's pending motion for summary judgment to stand. Mailed notice (meg, ) (Entered: 06/12/2014)
2014-06-16	46	REPLY by Plaintiff Robert H. Aland to defendant's response to plaintiff's LR 56.1 statement of material facts not in dispute (Doc. 42) and defendants' reply/response memorandum of law in support of defendants' motion for summary judgment (Doc.41).(Exhibits) (vcf, ) (Entered: 06/18/2014)
2014-07-22	47	MINUTE entry before the Honorable Susan E. Cox: Plaintiff's motion to compel Defendants to respond to Plaintiff's first set of interrogatories and produce complete vaughn index 20 is moot due to the pending motion for summary judgment. Mailed notice (np, ) (Entered: 07/22/2014)
2014-09-19	48	ORDER: This is an action brought under the Freedom of Information Act based on a request for documents submitted to the Department of the Interior regarding the agency's efforts to remove grizzly bears from the endangered species list. For the reasons provided, Defendants, the U.S. Department of the Interior and the U.S. Fish & Wildlife Service's Motion for Summary Judgment is granted 29 and Plaintiff Robert H. Alands Motion for Summary Judgment is denied 33 . [For further details see order] - Signed by the Honorable Susan E. Cox on 9/19/2014. Mailed notice (np, ) (Entered: 09/19/2014)
2014-09-19	49	ENTERED JUDGMENT, by Clerk. Civil case terminated. (np, ) (Entered: 09/19/2014)
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