Case Detail

FOIA Project Annotation: Judge John Bates has ruled that the Bureau of Land Management has so far failed to show that it conducted an adequate search for records concerning filmmaker James Kleinert and that its redactions made under Exemption 5 (deliberative process privilege), Exemption 6 (invasion of privacy) and Exemption 7(C) (invasion of privacy concerning law enforcement records) are insufficient. Kleinert, a documentary filmmaker whose work focused on American wild horses, came to believe that BLM was retaliating against him because of his criticism of the agency. He made a FOIA request for records about himself. Nearly a year later, the agency responded by disclosing 168 heavily redacted pages, although Kleinert apparently did not receive the response. He then filed suit. Bates noted that BLM originally argued Kleinert had failed to exhaust his administrative remedies, but had since dropped that argument. However, Bates observed that "the agency presumably recognizes that because Kleinert did not receive the agency's response within the relevant statutory time period and before filing suit (even if BLM did send it), Kleinert constructively exhausted his administrative remedies." Bates found the agency's description of its search lacking, but indicated that "it is possible that BLM in fact conducted an adequate search and has simply failed to describe it with sufficient detail and clarity. The Court will therefore permit BLM to provide a supplemental description of its search to rectify these shortcomings." He found the agency's affidavits supporting its Exemption 5 claim similarly lacking. He noted that "BLM's counsel all but conceded that the agency's affidavits and Vaughn index said nothing to justify these applications of Exemption 5. She suggested, however, that one might be able to infer from the nature of the documents themselves that the deliberative process privilege applies. But given the extent of the agency's redactions, that is simply impossible. In most instances, the Court can infer little more than that the redacted documents are emails. From whom to whom, about whatâ€"that the Court cannot tell, and should not be forced to guess." The rest of the redactions had been made under Exemption 6 and Exemption 7(C). Bates pointed out that the agency had failed to show how the records were compiled for law enforcement purposes. He indicated that "the Court can at present identify with confidence only one [document] that was compiled for law enforcement purposes: the 41-page investigation report [of Kleinert's alleged filming on federal land without permission]. For all other disputed records, BLM has not yet met its burden with respect to [showing the records were compiled for law enforcement purpose]." Bates disagreed with the agency's categorical redaction of names of employees, noting that "they are BLM employees who signed non-confidential official documents that happened to be reviewed and summarized years later by investigators examining tangentially related events. The risk of harassment, embarrassment, or reputational damage hereâ€"if not absent entirelyâ€"seems about as close to nil as it could get." Kleinert successfully argued that redactions made to two affidavits filed in another federal lawsuit related to Kleinert's 2011 filming were improper because the records were in the public domain. Bates observed that "Kleinert has thus shown that 'the specific information sought [has] already been disclosed and preserved in a permanent public record.' BLM, by contrast, has offered no explanation as to why these redactions are justified despite the ready public availability of the underlying declarations." The agency had redacted other personally identifying information under Exemption 6. Bates posited that the agency apparently thought such information was routinely protected by the exemption, but he pointed out that "there is no such per se rule." In response to the agency's categorical redaction of personal information, Bates explained that "the problem for BLM, however, is that it has wholly failed to explain why disclosure of the redacted information would subject the relevant individuals to any harm. BLM's affidavits and Vaughn index say nothing about embarrassment, harassment, or retaliation, and the Court will not accept the agency's conclusory, mid-litigation say-so."
Issues: Adequacy - Search, Exemption 5 - Privileges - Deliberative process privilege - Deliberative, Exemption 6 - Invasion of privacy, Exemption 7(C) - Invasion of privacy concerning law enforcement records

Date Filed	Doc #	Docket Text
2014-09-03	1	COMPLAINT against BUREAU OF LAND MANAGEMENT ( Filing fee $ 400 receipt number 0090-3826765) filed by JAMES KLEINERT. (Attachments: # 1 Civil Cover Sheet)(Stotter, Daniel) (Entered: 09/03/2014)
2014-09-03		Case Assigned to Judge John D. Bates. (sth, ) (Entered: 09/03/2014)
2014-09-03		SUMMONS Not Issued as to BUREAU OF LAND MANAGEMENT (sth, ) (Entered: 09/03/2014)
2014-09-04	2	REQUEST FOR SUMMONS TO ISSUE by JAMES KLEINERT filed by JAMES KLEINERT.(Stotter, Daniel) (Entered: 09/04/2014)
2014-09-04	3	SUMMONS (3) Issued Electronically as to BUREAU OF LAND MANAGEMENT, U.S. Attorney and U.S. Attorney General (td, ) (Entered: 09/04/2014)
2014-09-25	4	NOTICE of Appearance by Claire M. Whitaker on behalf of BUREAU OF LAND MANAGEMENT (Whitaker, Claire) (Entered: 09/25/2014)
2014-10-14	5	Consent MOTION for Extension of Time to File Answer by BUREAU OF LAND MANAGEMENT (Attachments: # 1 Text of Proposed Order)(Whitaker, Claire) (Entered: 10/14/2014)
2014-10-15		MINUTE ORDER: Upon consideration of 5 the government's unopposed motion for an extension of time to file its answer or other response, and the entire record herein, it is hereby ORDERED that the motion is GRANTED; and it is further ORDERED that the government shall file its answer or other response by not later than November 13, 2014. SO ORDERED. Signed by Judge John D. Bates on 10/15/14. (lcjdb2) (Entered: 10/15/2014)
2014-10-15		Set/Reset Deadlines: Answer due by 11/13/2014. (tb, ) (Entered: 10/15/2014)
2014-11-13	6	ANSWER to Complaint by BUREAU OF LAND MANAGEMENT.(Whitaker, Claire) (Entered: 11/13/2014)
2014-11-14	7	ORDER directing parties to file a proposed briefing schedule for the filing of dispositive motions by not later than December 15, 2014. See text of Order for details. Signed by Judge John D. Bates on 11/14/14. (lcjdb2) (Entered: 11/14/2014)
2014-12-15	8	RESPONSE TO ORDER OF THE COURT re 7 Order (Joint Proposed Briefing Schedule) filed by BUREAU OF LAND MANAGEMENT. (Whitaker, Claire) (Entered: 12/15/2014)
2014-12-16		MINUTE ORDER: Upon consideration of 8 the parties' joint proposed briefing schedule, and the entire record herein, it is hereby ORDERED that defendant shall file its motion for summary judgment by not later than February 20, 2015; plaintiff shall file its opposition to defendant's motion and cross-motion for summary judgment by not later than March 25, 2015; defendant shall file its reply and opposition to plaintiff's cross-motion by not later than April 15, 2015; and plaintiff shall file its reply by not later than May 6, 2015. SO ORDERED. Signed by Judge John D. Bates on 12/16/14. (lcjdb2) (Entered: 12/16/2014)
2014-12-16		Set/Reset Deadlines: Cross Motions due by 3/25/2015. Response to Cross Motions due by 4/15/2015. Reply to Cross Motions due by 5/6/2015. Summary Judgment motions due by 2/20/2015. Response to Motion for Summary Judgment due by 3/25/2015. Reply to Motion for Summary Judgment due by 4/15/2015. (tb, ) (Entered: 12/16/2014)
2015-02-20	9	Consent MOTION for Extension of Time to file Defendant's Dispositive Motion by BUREAU OF LAND MANAGEMENT (Attachments: # 1 Text of Proposed Order)(Whitaker, Claire) (Entered: 02/20/2015)
2015-02-20		MINUTE ORDER: Upon consideration of 9 the government's unopposed motion for an extension of time to file its dispositive motion, and the entire record herein, it is hereby ORDERED that the motion is GRANTED; and it is further ORDERED that the government shall file its dispositive motion by not later than February 25, 2015. Signed by Judge John D. Bates on 2/20/15. (lcjdb2) (Entered: 02/20/2015)
2015-02-23		Set/Reset Deadlines: Dispositive Motions due by 2/25/2015. (tb, ) (Entered: 02/23/2015)
2015-02-25	10	MOTION for Summary Judgment by BUREAU OF LAND MANAGEMENT (Attachments: # 1 Exhibit 1 (FOIA Request), # 2 Exhibit 2 (Witt Dec. and Vaughn Index), # 3 Exhibit 3 (FOIA Processed and Released Records), # 4 Statement of Facts, # 5 Text of Proposed Order)(Whitaker, Claire) (Entered: 02/25/2015)
2015-03-05	11	Consent MOTION for Extension of Time to File Response/Reply and Modification of Summary Judgment Briefing Schedule by JAMES KLEINERT (Attachments: # 1 Text of Proposed Order)(Stotter, Daniel). Added MOTION for Order on 3/6/2015 (td, ). (Entered: 03/05/2015)
2015-03-06		MINUTE ORDER: Upon consideration of 11 plaintiff's consent motion for an extension of time to file response and modify the proposed briefing schedule, and the entire record herein, it is hereby ORDERED that the motion is GRANTED; and it is further ORDERED that plaintiff shall file its opposition and cross-motion for summary judgment by not later than April 3, 2015; the government shall file its opposition and reply by not later than April 24, 2015; and plaintiff shall file its reply by not later than May 15, 2015. SO ORDERED. Signed by Judge John D. Bates on 3/6/15. (lcjdb2) (Entered: 03/06/2015)
2015-03-11		Set/Reset Deadlines: Cross Motions due by 4/3/2015. Response to Cross Motions due by 4/24/2015. Reply to Cross Motions due by 5/15/2015. Response to Motion for Summary Judgment due by 4/3/2015. Reply to Motion for Summary Judgment due by 4/24/2015. (tb, ) (Entered: 03/11/2015)
2015-03-31	12	Consent MOTION for Extension of Time to File Response/Reply by JAMES KLEINERT (Attachments: # 1 Text of Proposed Order)(Stotter, Daniel) (Entered: 03/31/2015)
2015-03-31		MINUTE ORDER: Upon consideration of 12 plaintiff's consent motion for an extension of time to file, and the entire record herein, it is hereby ORDERED that the motion is GRANTED; it is further ORDERED that plaintiff shall file his opposition and cross-motion for summary judgment by not later than April 6, 2015; and it is further ORDERED that the government shall file its opposition and reply by not later than April 27, 2015. SO ORDERED. Signed by Judge John D. Bates on 3/31/15 (lcjdb2) (Entered: 03/31/2015)
2015-04-03		Set/Reset Deadlines: Plaintiff shall file his Opposition and Cross-Motion for Summary Judgment by 4/6/2015; The Government shall file its Opposition and by 4/27/2015. (jth) (Entered: 04/03/2015)
2015-04-06	13	RESPONSE re 10 MOTION for Summary Judgment filed by JAMES KLEINERT. (Attachments: # 1 Statement of Facts, # 2 Declaration Declaration of James Kleinert, # 3 Declaration Declaration of Jessica Blome & Exhibits A - G, # 4 Text of Proposed Order)(Stotter, Daniel) (Entered: 04/06/2015)
2015-04-06	14	ENTERED IN ERROR. . . . .RESPONSE re 10 MOTION for Summary Judgment Plaintiff's Rule 56(d) Request For Discovery filed by JAMES KLEINERT. (Attachments: # 1 Declaration Declaration of Daniel Stotter)(Stotter, Daniel) Modified on 4/7/2015 (td, ). (Entered: 04/06/2015)
2015-04-06	15	MOTION for Summary Judgment and Memorandum of Points and Authorities by JAMES KLEINERT (Attachments: # 1 Statement of Facts, # 2 Declaration Declaration of James Kleinert, # 3 Declaration Declaration of Jessica Blome & Exhibits A - G, # 4 Text of Proposed Order)(Stotter, Daniel) (Entered: 04/06/2015)
2015-04-07		NOTICE OF ERROR re 14 Response to motion; emailed to dstotter@qwestoffice.net, cc'd 2 associated attorneys -- The PDF file you docketed contained errors: 1. Please refile document, 2. ECF event does not match title of document. Should be filed as a Motion. (td, ) (Entered: 04/07/2015)
2015-04-07	16	MOTION to Take Deposition Plaintiff's Rule 56(d) Motion For Limited Discovery by JAMES KLEINERT (Attachments: # 1 Declaration Daniel J. Stotter)(Stotter, Daniel) (Entered: 04/07/2015)
2015-04-17	17	ORDER denying 16 plaintiff's motion for limited discovery. See text of Order for details. Signed by Judge John D. Bates on 4/17/15. (lcjdb2) (Entered: 04/17/2015)
2015-04-24	18	Consent MOTION for Extension of Time to File Response/Reply as to 15 MOTION for Summary Judgment and Memorandum of Points and Authorities , 10 MOTION for Summary Judgment by BUREAU OF LAND MANAGEMENT (Attachments: # 1 Text of Proposed Order)(Whitaker, Claire) (Entered: 04/24/2015)
2015-04-28		MINUTE ORDER: Upon consideration of 18 the government's consent motion for an extension of time, and the entire record herein, it is hereby ORDERED that the motion is GRANTED; it is further ORDERED that the government shall file its combined reply brief and brief in opposition by not later than May 11, 2015; and it is further ORDERED that plaintiff shall file his reply brief by not later than May 21, 2015. SO ORDERED. Signed by Judge John D. Bates on 4/28/15. (lcjdb2) (Entered: 04/28/2015)
2015-04-28		Set/Reset Deadlines: Response/Reply due by 5/11/2015. Reply due by 5/21/2015. (tb, ) (Entered: 04/28/2015)
2015-05-11	19	Consent MOTION for Extension of Time to File Response/Reply as to 15 MOTION for Summary Judgment and Memorandum of Points and Authorities , 10 MOTION for Summary Judgment by BUREAU OF LAND MANAGEMENT (Attachments: # 1 Text of Proposed Order)(Whitaker, Claire) (Entered: 05/11/2015)
2015-05-11		MINUTE ORDER: Upon consideration of 19 the government's consent motion for an extension of time, and the entire record herein, it is hereby ORDERED that the motion is GRANTED; it is further ORDERED that the government shall file its combined reply brief and brief in opposition by not later than June 2, 2015; and it is further ORDERED that plaintiff shall file his reply brief by not later than July 26, 2015. SO ORDERED. Signed by Judge John D. Bates on 5/11/15. (lcjdb2) (Entered: 05/11/2015)
2015-05-14		Set/Reset Deadlines: Reply/Response due by 6/2/2015. Reply to Cross Motions due by 7/26/2015. (tb, ) (Entered: 05/14/2015)
2015-06-02	20	MOTION for Summary Judgment (Renewed) by BUREAU OF LAND MANAGEMENT (Attachments: # 1 Exhibit Attachment 1 (Witt Supp. Dec.), # 2 Exhibit Attachment 2 (5/5/15 Release letter), # 3 Exhibit Attachment 3 (Suppl.Vaughn Index), # 4 Statement of Facts, # 5 Text of Proposed Order)(Whitaker, Claire) (Entered: 06/02/2015)
2015-06-02	21	Memorandum in opposition to re 15 MOTION for Summary Judgment and Memorandum of Points and Authorities filed by BUREAU OF LAND MANAGEMENT. (Whitaker, Claire) (Entered: 06/02/2015)
2015-06-09	22	Consent MOTION for Extension of Time to File Response/Reply by JAMES KLEINERT (Attachments: # 1 Text of Proposed Order)(Stotter, Daniel) (Entered: 06/09/2015)
2015-06-10		MINUTE ORDER: Upon consideration of 22 plaintiff's consent motion for extension of time to file, and the entire record herein, it is hereby ORDERED that the motion is GRANTED; and it is further ORDERED that plaintiff shall file his combined opposition and reply by not later than July 27, 2015. SO ORDERED. Signed by Judge John D. Bates on 6/10/15. (lcjdb2) (Entered: 06/10/2015)
2015-06-12		Set/Reset Deadlines: Plaintiff's Response due by 7/27/2015. Plaintiff's Reply due by 7/27/2015. (tb) (Entered: 06/12/2015)
2015-07-29	23	Consent MOTION for Extension of Time to File Response/Reply by JAMES KLEINERT (Attachments: # 1 Text of Proposed Order)(Stotter, Daniel) (Entered: 07/29/2015)
2015-07-29		MINUTE ORDER: Upon consideration of 23 plaintiff's consent motion for extension of time to file, and the entire record herein, it is hereby ORDERED that the motion is GRANTED; and it is further ORDERED that plaintiff shall file his combined opposition and reply by not later than August 3, 2015. SO ORDERED. Signed by Judge John D. Bates on 7/29/15. (lcjdb2) (Entered: 07/29/2015)
2015-07-30		Set/Reset Deadlines: Plaintiff's combined opposition and reply are due by 8/3/2015. (jth) (Entered: 07/30/2015)
2015-07-30		Set/Reset Deadlines: Opposition/Reply due by 8/3/2015. (tb) (Entered: 07/30/2015)
2015-08-03	24	REPLY to opposition to motion re 15 MOTION for Summary Judgment and Memorandum of Points and Authorities filed by JAMES KLEINERT. (Attachments: # 1 Statement of Facts Plaintiff's Response To Defendant's Additional Statement of Facts, # 2 Declaration Supplemental Declaration of Daniel J. Stotter, and Exhibits I and J, # 3 Declaration Supplemental Declaration of Jessica Blome and Exhibit H)(Stotter, Daniel) (Entered: 08/03/2015)
2015-08-03	25	RESPONSE re 20 MOTION for Summary Judgment (Renewed) filed by JAMES KLEINERT. (Attachments: # 1 Statement of Facts Plaintiff's Response to Defendant's Additional Statement of Facts, # 2 Declaration Supplemental Declaration of Daniel Stotter and Exhibits I, J, # 3 Declaration Supplemental Declaration of Jessica Blome and Exhibit H)(Stotter, Daniel) (Entered: 08/03/2015)
2015-08-05	26	ERRATA TO SUPPLEMENTAL DECLARATION OF JESSICA BLOME by JAMES KLEINERT. (Attachments: # 1 Exhibit)(Stotter, Daniel) (Entered: 08/05/2015)
2015-08-06		MINUTE ORDER: Upon consultation with the parties and consideration of the entire record herein, it is hereby ORDERED that a hearing on the cross motions for summary judgment is scheduled for September 14, 2015, at 11:00 a.m. in Courtroom 30A. Signed by Judge John D. Bates on 8/6/2015. (lcjdb2) (Entered: 08/06/2015)
2015-08-07		Set/Reset Hearings: Motion Hearing set for 9/14/2015 11:00 AM in Courtroom 30A before Judge John D. Bates. (tb) (Entered: 08/07/2015)
2015-08-13	27	MOTION for Extension of Time to reply or file a surreply to ECF No. 25 by BUREAU OF LAND MANAGEMENT (Attachments: # 1 Text of Proposed Order)(Whitaker, Claire) (Entered: 08/13/2015)
2015-08-14		MINUTE ORDER: Upon consideration of 27 defendant's motion for extension of time to file a reply or surreply, and the entire record herein, it is hereby ORDERED that plaintiff may file any opposition by not later than August 17, 2015, at 6:00 PM (EDT); and it is further ORDERED that, in the event the Court grants defendant's motion, defendant shall be prepared to submit the reply or surreply by not later than August 20, 2015. SO ORDERED. Signed by Judge John D. Bates on 8/14/2015. (lcjdb2) (Entered: 08/14/2015)
2015-08-16		Set/Reset Deadlines: Any Opposition by the Plaintiff is due no later than 8/17/2015 at 6:00 PM (EDT). (jth) (Entered: 08/16/2015)
2015-08-17	28	RESPONSE re 27 MOTION for Extension of Time to reply or file a surreply to ECF No. 25 filed by JAMES KLEINERT. (Stotter, Daniel) (Entered: 08/17/2015)
2015-08-18		MINUTE ORDER: Upon consideration of 27 defendant's motion for extension of time to reply or file a surreply, 28 plaintiff's response, and the entire record herein, it is hereby ORDERED that the motion is DENIED. The parties will be free to raise any relevant responsive arguments at the motion hearing scheduled for September 14, 2015. Signed by Judge John D. Bates on 8/18/2015. (lcjdb2) (Entered: 08/18/2015)
2015-09-14		Minute Entry for Proceedings held before Judge John D. Bates: Motions Hearing held on 9/14/2015 re: Plaintiff's 15 Motion for Summary Judgment, and Defendant's 10 , 20 Motion and Renewed Motions for Summary Judgment. The Motions were Heard and Taken Under Advisement. (Court Reporter Linda S. Kinkade) (jth) (Entered: 09/14/2015)
2015-09-25	29	MEMORANDUM OPINION. See text for details. Signed by Judge John D. Bates on 9/25/2015. (lcjdb2) (Entered: 09/25/2015)
2015-09-25	30	ORDER granting in part and denying in part 15 20 the parties' cross-motions for summary judgment. See text of Order and accompanying Memorandum Opinion for details. Signed by Judge John D. Bates on 9/25/2015. (lcjdb2) (Entered: 09/25/2015)
2015-09-28		Set/Reset Deadlines: Defendant's Renewed Motion for Summary Judgment and Accompanying Materials is due by 11/9/2015; Plaintiff's Opposition to Defendant's Motion and Cross-Motion for Summary Judgment is due 12/7/2015; Defendant's Reply and Cross-Opposition is due by 12/21/2015; Plaintiff's Reply to the Cross-Motion is due by 1/4/2016. (jth) (Entered: 09/28/2015)
2015-11-04	31	Consent MOTION for Extension of Time to for Defendant's Renewed Motion for Summary Judgment, including opposition and reply due dates by BUREAU OF LAND MANAGEMENT (Attachments: # 1 Text of Proposed Order)(Whitaker, Claire) (Entered: 11/04/2015)
2015-11-05		MINUTE ORDER: Upon consideration of 31 defendant's consent motion for extension of time, and the entire record herein, it is hereby ORDERED that the motion is GRANTED; and it is further ORDERED that the following schedule shall govern further proceedings: Defendant's renewed motion for summary judgment shall be filed by not later than Dec. 4, 2015; plaintiff's opposition and cross-motion for summary judgment shall be filed by not later than Jan. 15, 2016; defendant's opposition and reply shall be filed by not later than Feb. 8, 2016; and plaintiff's reply shall be filed by not later than Feb. 22, 2016. SO ORDERED. Signed by Judge John D. Bates on 11/5/2015. (lcjdb2) (Entered: 11/05/2015)
2015-11-05		Set/Reset Deadlines: Cross Motions due by 1/15/2016. Response to Cross Motions due by 2/8/2016. Reply to Cross Motions due by 2/22/2016. Summary Judgment motions due by 12/4/2015. Response to Motion for Summary Judgment due by 1/15/2016. Reply to Motion for Summary Judgment due by 2/8/2016. (tb) (Entered: 11/05/2015)
2015-12-02	32	Consent MOTION for Extension of Time to due date for Renewed Motion, Oppositions and replies by BUREAU OF LAND MANAGEMENT (Attachments: # 1 Text of Proposed Order)(Whitaker, Claire) (Entered: 12/02/2015)
2015-12-11		MINUTE ORDER: Upon consideration of 32 defendant's consent motion for extension of time, and the entire record herein, it is hereby ORDERED that the motion is GRANTED; and it is further ORDERED that the following schedule shall govern further proceedings: Defendant's renewed motion for summary judgment shall be filed by not later than January 22, 2016; plaintiff's opposition and cross-motion for summary judgment, by not later than February 22, 2016; defendant's opposition and reply, by not later than March 15, 2016; plaintiff's reply, by not later than April 4, 2016. SO ORDERED. Signed by Judge John D. Bates on 12/11/2015. (lcjdb2) (Entered: 12/11/2015)
2015-12-17		Set/Reset Deadlines: Cross Motions due by 2/22/2016. Response to Cross Motions due by 3/15/2016. Reply to Cross Motions due by 4/4/2016. Summary Judgment motions due by 1/22/2016. Response to Motion for Summary Judgment due by 2/22/2016. Reply to Motion for Summary Judgment due by 3/15/2016. (tb) (Entered: 12/17/2015)
2016-01-21	33	Consent MOTION for Extension of Time to file Defendant's Renewed Motion for Summary Judgment and remaining due dates for briefing by BUREAU OF LAND MANAGEMENT (Attachments: # 1 Text of Proposed Order)(Whitaker, Claire) (Entered: 01/21/2016)
2016-01-22		MINUTE ORDER: Upon consideration of 33 defendant's consent motion for extension of time, and the entire record herein, it is hereby ORDERED that the motion is GRANTED; and it is further ORDERED that defendant shall file its renewed motion for summary judgment by not later than January 27, 2016, plaintiff shall file his opposition and cross-motion for summary judgment by not later than February 26, 2016, defendant shall file its opposition and reply by not later than March 18, 2016, and plaintiff shall file his reply by not later than April 8, 2016. SO ORDERED. Signed by Judge John D. Bates on 1/22/2016. (lcjdb2) (Entered: 01/22/2016)
2016-01-22		Set/Reset Deadlines: Cross Motions due by 2/26/2016. Response to Cross Motions due by 3/18/2016. Reply to Cross Motions due by 4/8/2016. Summary Judgment motions due by 1/27/2016. Response to Motion for Summary Judgment due by 2/26/2016. Reply to Motion for Summary Judgment due by 3/18/2016. (tb) (Entered: 01/22/2016)
2016-01-26	34	Consent MOTION for Extension of Time to Renewed Motion for Summary Judgment and other due dates for two days by BUREAU OF LAND MANAGEMENT (Attachments: # 1 Text of Proposed Order)(Whitaker, Claire) (Entered: 01/26/2016)
2016-01-27		MINUTE ORDER: Upon consideration of 34 defendant's consent motion for extension of time, and the entire record herein, it is hereby ORDERED that the motion is GRANTED; and it is further ORDERED that defendant shall file its renewed motion for summary judgment by not later than January 29, 2016, plaintiff shall file his opposition and cross-motion for summary judgment by not later than February 29, 2016, defendant shall file its opposition and reply by not later than March 21, 2016, and plaintiff shall file his reply by not later than April 11, 2016. SO ORDERED. Signed by Judge John D. Bates on 1/27/2016. (lcjdb2) (Entered: 01/27/2016)
2016-01-27		Set/Reset Deadlines: Cross Motions due by 2/29/2016. Response to Cross Motions due by 3/21/2016. Reply to Cross Motions due by 4/11/2016. Summary Judgment motions due by 1/29/2016. Response to Motion for Summary Judgment due by 2/29/2016. Reply to Motion for Summary Judgment due by 3/21/2016. (tb) (Entered: 01/27/2016)
2016-01-29	35	MOTION for Summary Judgment (Renewed) by BUREAU OF LAND MANAGEMENT (Attachments: # 1 Declaration Second Supplemental Declaration of Ryan Witt, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Statement of Facts, # 8 Text of Proposed Order)(Whitaker, Claire) (Entered: 01/29/2016)
2016-02-29	36	RESPONSE re 35 MOTION for Summary Judgment (Renewed) filed by JAMES KLEINERT. (Stotter, Daniel) (Entered: 02/29/2016)
2016-03-01	37	ORDER granting 35 defendant's motion for summary judgment and staying case until May 2, 2016, to permit settlement negotiations regarding attorney's fees and costs. See text for details. Signed by Judge John D. Bates on 3/1/2016. (lcjdb2) (Entered: 03/01/2016)
2016-05-02	38	MOTION for Extension of Time to settle or proposed fee-motion briefing schedule by BUREAU OF LAND MANAGEMENT (Attachments: # 1 Text of Proposed Order)(Whitaker, Claire) (Entered: 05/02/2016)
2016-05-03		MINUTE ORDER: Upon consideration of 38 defendant's motion for extension of time, and the entire record herein, it is hereby ORDERED that the motion is GRANTED; and it is further ORDERED that the parties shall file a proposed fee-motion briefing schedule, or notice of a settlement agreement, by not later than May 5, 2016. SO ORDERED. Signed by Judge John D. Bates on 5/3/2016. (lcjdb2) (Entered: 05/03/2016)
2016-05-03		Set/Reset Deadlines: Proposed fee-motion briefing schedule due by 5/5/2016. (tb) (Entered: 05/03/2016)
2016-05-03	39	STIPULATION of Dismissal , Settlement and Proposed Order (Joint) by BUREAU OF LAND MANAGEMENT. (Whitaker, Claire) (Entered: 05/03/2016)
2016-05-03	40	ORDER DISMISSING CASE. See text for details. Signed by Judge John D. Bates on 5/3/2016. (lcjdb2) (Entered: 05/03/2016)
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