Case Detail

FOIA Project Annotation: Ruling on largely the same issues that faced Judge Amit Mehta in his decision several months ago, Judge Trevor McFadden has ruled that the U.S. Forest Service properly withheld records from the Story of Stuff Project pertaining to Nestle's use of spring waters in the San Bernardino National Forest under Exemption 4 (confidential business information), Exemption 5 (privileges), and Exemption 9 (data pertaining to wells), but has rejected the agency's claim that identifying information about Nestle employees is protected by Exemption 6 (invasion of privacy). While Mehta concluded the Forest Service had supported its exemption claims, he also found that the 1999 disclosure by the state of California of a report prepared by Dames & Moore describing the infrastructure of bore holes in the San Bernardino National Forest raised questions as to whether information Nestle claimed was proprietary had actually been made public. This time, McFadden, relying primarily on the same affidavits prepared by Nestle and provided by the agency, found the agency had shown that the information was protected by Exemption 4, Exemption 5, and Exemption 9. The agency located 465 emails, 869 photographs, six spreadsheets, five videos, and 3,218 pages of responsive documents, disclosing more 3,076 pages with redactions. Noting that "for reasons known only to the Project, it brought another case based on virtually identical FOIA requests in this district last year," McFadden found the majority of the agency's exemption claims were appropriate. Turning to the issue of whether or not the Dames & Moore report had waived the confidentiality of Nestle's infrastructure data, McFadden, like Mehta earlier, pointed out that Nestle argued that a 2003 wildfire had completely destroyed the infrastructure as it existed in 1999. Mehta had expressed concerns about what impact the wildfire might have had on underground bore holes, but McFadden took the position that the Project bore the burden of proving that the Dames & Moore report data was still valid, and they had not done so. He pointed out that "the Project's assertion that withheld information cannot be more detailed than the Dames & Moore report is incorrect. . .It is plausible that Nestle has confidential diagrams of its operation featuring greater precision and accuracy than those created by Dames & Moore twenty years ago." The Project also argued that Nestle had not shown that disclosure of the withheld information would cause substantial competitive harm, particularly since it was relevant only to Strawberry Creek in the San Bernardino National Forest. McFadden disagreed. He observed that "[Nestle'] declaration does not suggest that Nestle's physical infrastructure alone constitutes an internal business process. Rather, [it] states that the withheld information includes descriptions of a 'system' the company uses to evaluate, develop, and operationalize the physical infrastructure. Rival firms could use these illustrations of planned infrastructure projects, inventory information, and related data to improve their own evaluation and development procedures." He added that "more broadly, the Project offers no support for its contention that Nestle's infrastructure, systems and methodologies apply only to Strawberry Creek. It is not unreasonable to believe that other companies could apply this information to locations with similar characteristics." McFadden upheld the agency's claims that some records were privileged. In response to one Project assertion that some information was not deliberative, he pointed out that "that a document may have a section titled 'Existing Conditions' does not prove that the information within that section is not deliberative." Although Mehta has put aside consideration of Exemption 9 after questioning the confidentiality of underground information, McFadden considered the agency's Exemption 9 claims. The Project argued that bore holes did not qualify as wells for purposes of Exemption 9, citing a definition used by the FDA suggesting that bore holes were different than wells. McFadden disagreed, noting that the FDA reference did not "establish that a borehole is not a well for purposes of Exemption 9. Instead, they differentiate between two types of water based on how each is collected. And they fit with [dictionary] definitions [that] a borehole is a 'drilled' or 'made' well, rather than a naturally occurring well." Citing the D.C. Circuit's decision in AquaAlliance v. Bureau of Reclamation, 856 F. 3d 101 (D.C. Cir. 2017), he indicated there the D.C. Circuit had found that Exemption 9's definition of wells did not exclude water wells. McFadden rejected the agency's use of Exemption 6 to protect information about Nestle employees. He pointed out that "information 'connected with professional relationships' does not [qualify]." He added that "the public's interest in disclosure outweighs these privacy interests. Nestle employees and consultants prepared reports to aid the Forest Service in making its permit renewal decision about publicly owned forest lands. The public has a plausible interest in evaluating these individuals' qualifications."
Issues: Exemption 4 - Confidential business information, Exemption 5 - Privileges, Exemption 9 - Data on wells, Exemption 6 - Invasion of privacy

Date Filed	Doc #	Docket Text
2018-01-26	1	COMPLAINT against UNITED STATES FOREST SERVICE, United States Department of Agriculture Office of General Counsel ( Filing fee $ 400 receipt number 0090-5305405) filed by STORY OF STUFF PROJECT, COURAGE CAMPAIGN INSTITUTE. (Attachments: # 1 Civil Cover Sheet, # 2 Summons for US Attorney Civil Process Clerk, # 3 Summons for US Attorney General, # 4 Summons for Defendant US Forest Service, # 5 Summons for Defendant US Dept of Agriculture Office of General Counsel)(Kenna, Matt) (Entered: 01/26/2018)
2018-01-26	2	LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by STORY OF STUFF PROJECT (Kenna, Matt) (Entered: 01/26/2018)
2018-01-26	3	LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by COURAGE CAMPAIGN INSTITUTE (Kenna, Matt) (Entered: 01/26/2018)
2018-01-26		Case Assigned to Judge Trevor N. McFadden. (zsb) (Entered: 01/26/2018)
2018-01-26	4	SUMMONS (4) Issued Electronically as to UNITED STATES DEPARTMENT OF AGRICULTURE OFFICE OF GENERAL COUNSEL, UNITED STATES FOREST SERVICE, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(zsb) (Entered: 01/26/2018)
2018-01-26	5	STANDING ORDER Establishing Procedures for Cases Before Judge Trevor N. McFadden. The parties are hereby ORDERED to read and comply with the directives in the attached standing order. Signed by Judge Trevor N. McFadden on 1/26/2018. (lctnm3) (Entered: 01/26/2018)
2018-02-05	6	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 2/5/2018. Answer due for ALL FEDERAL DEFENDANTS by 3/7/2018. (Attachments: # 1 Return Receipt)(Kenna, Matt) (Main Document 6 replaced on 2/6/2018) (znmw). (Entered: 02/05/2018)
2018-02-05	7	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 2/5/18. (Attachments: # 1 Return Receipt)(Kenna, Matt) (Main Document 7 replaced on 2/6/2018) (znmw). (Entered: 02/05/2018)
2018-02-05	8	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES FOREST SERVICE served on 2/2/2018 (Attachments: # 1 Return Receipt for U.S. Forest Service)(Kenna, Matt) (Main Document 8 replaced on 2/6/2018) (znmw). (Entered: 02/05/2018)
2018-02-05	9	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES DEPARTMENT OF AGRICULTURE OFFICE OF GENERAL COUNSEL served on 2/2/2018 (Attachments: # 1 Return Receipt for Office of General Counsel USDA)(Kenna, Matt) (Main Document 9 replaced on 2/6/2018) (znmw). (Entered: 02/05/2018)
2018-02-22	10	NOTICE of Appearance by Joshua L. Rogers on behalf of UNITED STATES DEPARTMENT OF AGRICULTURE OFFICE OF GENERAL COUNSEL, UNITED STATES FOREST SERVICE (Rogers, Joshua) (Entered: 02/22/2018)
2018-02-27	11	NOTICE of Appearance by Rachel Doughty on behalf of All Plaintiffs (Doughty, Rachel) (Entered: 02/27/2018)
2018-03-07	12	ANSWER to 1 Complaint by UNITED STATES DEPARTMENT OF AGRICULTURE OFFICE OF GENERAL COUNSEL, UNITED STATES FOREST SERVICE.(Rogers, Joshua) Modified to add link on 3/8/2018 (znmw). (Entered: 03/07/2018)
2018-03-08		MINUTE ORDER. Before the Court are a complaint and an answer in this FOIA case. It is hereby ORDERED that the parties shall meet and confer and file a Joint Status Report proposing a schedule for proceeding in this matter. The schedule should address, among other things, the status of Plaintiff's FOIA request, the anticipated number of documents responsive to Plaintiff's FOIA request, the anticipated date(s) for release of the documents requested by Plaintiff, whether a motion for an Open America stay is likely in this case, whether a Vaughn index will be required in this case, and a briefing schedule for dispositive motions, if required. The parties shall file the schedule on or before March 29, 2018. Signed by Judge Trevor N. McFadden on 3/8/2018. (lctnm3) (Entered: 03/08/2018)
2018-03-08		Set/Reset Deadlines: Parties shall meet and confer and file a Joint Status Report by 3/29/2018. (hmc) (Entered: 03/08/2018)
2018-03-29	13	Joint STATUS REPORT by COURAGE CAMPAIGN INSTITUTE, STORY OF STUFF PROJECT. (Kenna, Matt) (Entered: 03/29/2018)
2018-04-03		MINUTE ORDER. Upon consideration of the parties' 13 Joint Status Report, it is hereby ORDERED that the parties shall, before or on April 24, 2018, submit a Joint Status Report proposing further proceedings in the matter including, if necessary, a schedule for a Vaughn index and summary judgment briefing. Signed by Judge Trevor N. McFadden on 4/3/2018. (lctnm3) (Entered: 04/03/2018)
2018-04-03		Set/Reset Deadlines: Joint Status Report due by 4/24/2018. (hmc) (Entered: 04/03/2018)
2018-04-24	14	Joint STATUS REPORT by COURAGE CAMPAIGN INSTITUTE, STORY OF STUFF PROJECT. (Kenna, Matt) (Entered: 04/24/2018)
2018-04-25		MINUTE ORDER. Upon consideration of the parties' 14 Joint Status Report, Defendants shall, before or on May 4, 2018, file a Vaughn index covering all redactions and withholdings of documents responsive to Plaintiffs' FOIA requests except for "email addresses, land and cell phone numbers"; Plaintiffs shall, before or on May 18, 2018, inform Defendants which documents they challenge; Defendants shall, before or on June 22, 2018, file their motion for summary judgment; Plaintiffs shall, before or on July 20, 2018, file their opposition and cross-motion for summary judgment; Defendants shall, by August 17, 2018, file their opposition and reply; and Plaintiffs shall, by August 31, 2018, file their reply. SO ORDERED. Signed by Judge Trevor N. McFadden on 4/25/2018. (lctnm3) (Entered: 04/25/2018)
2018-04-25		Set/Reset Deadlines: Defendants' Vaughn Index due by 5/4/2018. Plaintiffs' response due by 5/18/2018. Defendants' Motion for Summary Judgment due by 6/22/2018. Plaintiffs' opposition to Defendants' Motion for Summary Judgment and Cross-Motion due by 7/20/2018. Defendants' opposition to Plaintiffs' Cross-Motion and reply in support of its Motion for Summary Judgment due by 8/17/2018. Plaintiffs' reply in support of its Cross-Motions due by 8/31/2018. (hmc) (Entered: 04/25/2018)
2018-05-04	15	NOTICE of Filing Vaughn Index by UNITED STATES DEPARTMENT OF AGRICULTURE OFFICE OF GENERAL COUNSEL, UNITED STATES FOREST SERVICE (Attachments: # 1 Exhibit)(Rogers, Joshua) (Entered: 05/04/2018)
2018-05-04	16	Vaughn Index from Defendants. (See docket entry no. 15 ) (td) (Entered: 05/07/2018)
2018-05-15	17	NOTICE of Change of Address by Rachel Doughty (Doughty, Rachel) (Entered: 05/15/2018)
2018-06-19	18	Consent MOTION for Extension of Time to File by UNITED STATES DEPARTMENT OF AGRICULTURE OFFICE OF GENERAL COUNSEL, UNITED STATES FOREST SERVICE (Attachments: # 1 Text of Proposed Order)(Rogers, Joshua) (Entered: 06/19/2018)
2018-06-19		MINUTE ORDER granting the Defendants' 18 Consent Motion for Extension of Time. Defendants shall now file their motion for summary judgment before or on July 23, 2018; Plaintiffs shall, before or on August 20, 2018, file their opposition and cross-motion for summary judgment; Defendants shall, by September 17, 2018, file their opposition and reply; and Plaintiffs shall, by October 1, 2018, file their reply. SO ORDERED. Signed by Judge Trevor N. McFadden on 6/19/2018. (lctnm3) (Entered: 06/19/2018)
2018-06-20		Set/Reset Deadlines: Defendants' motion for summary judgment due by 7/23/2018. Plaintiffs' opposition to Defendants' motion for summary judgment and cross-motion due by 8/20/2018. Defendants' reply in support of its motion for summary judgment and opposition to Plaintiffs' cross-motion due by 9/17/2018. Plaintiffs' reply in support of its cross-motion due by 10/1/2018. (hmc) (Entered: 06/20/2018)
2018-07-23	19	MOTION for Summary Judgment by UNITED STATES DEPARTMENT OF AGRICULTURE OFFICE OF GENERAL COUNSEL, UNITED STATES FOREST SERVICE (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Text of Proposed Order, # 4 Rush Declaration, # 5 Adams Declaration, # 6 Attachment A, # 7 Attachment B, # 8 Attachment C, # 9 Attachment D, # 10 Attachment G, # 11 Attachment H, # 12 Attachment I, # 13 Attachment J, # 14 Attachment K, # 15 Attachment L, # 16 Attachment M, # 17 Attachment N, # 18 Attachment O, # 19 Attachment P, # 20 Attachment Q, # 21 Attachment R, # 22 Attachment S, # 23 Attachment T)(Rogers, Joshua) (Entered: 07/23/2018)
2018-07-24	20	ERRATA by UNITED STATES DEPARTMENT OF AGRICULTURE OFFICE OF GENERAL COUNSEL, UNITED STATES FOREST SERVICE 19 MOTION for Summary Judgment filed by UNITED STATES DEPARTMENT OF AGRICULTURE OFFICE OF GENERAL COUNSEL, UNITED STATES FOREST SERVICE. (Attachments: # 1 Attachment E, # 2 Attachment F)(Rogers, Joshua) (Entered: 07/24/2018)
2018-07-31	21	Unopposed MOTION for Order Dismissing Courage Campaign Institute as a Party by COURAGE CAMPAIGN INSTITUTE (Attachments: # 1 Text of Proposed Order Dismissing Party)(Doughty, Rachel) (Entered: 07/31/2018)
2018-07-31		MINUTE ORDER: Upon consideration of Courage Campaign Institute's 21 Unopposed Motion, and pursuant to Rule 21 of the Federal Rules of Civil Procedure, Courage Campaign Institute is hereby dismissed as a Party to this action. The case caption shall be amended to reflect this order. SO ORDERED. Signed by Judge Trevor N. McFadden on 7/31/2018. (lctnm3) (Entered: 07/31/2018)
2018-08-20	22	Cross MOTION for Summary Judgment by STORY OF STUFF PROJECT (Attachments: # 1 Exh. 1 to MSJ: Fox Decl., # 2 Attach. A to Fox Decl., # 3 Attach. B to Fox Decl., # 4 Attach. C to Fox Decl., # 5 Exh. 2 to MSJ: Challenged Redactions, # 6 Exh 3-A, # 7 Exh 3-B, # 8 Exh 3-C, # 9 Exh 3-D, # 10 Exh 3-E, # 11 Exh 3-F, # 12 Exh 3-G, # 13 Exh 3-H, # 14 Exh 3-I, # 15 Exh 3-J, # 16 Exh 3-K, # 17 Exh 3-L, # 18 Exh 3-M, # 19 Exh 3-N, # 20 Exh 3-O, # 21 Exh 3-P, # 22 Exh 3-Q, # 23 Exh 3-R, # 24 Exh 3-S, # 25 Exh 3-T, # 26 Exh 3-U, # 27 Exh 3-V, # 28 Exh 3-W, # 29 Exh 3-X, # 30 Exh 3-Y, # 31 Exh 3-Z, # 32 Exh 3-AA, # 33 Exh 3-BB, # 34 Exh 3-CC, # 35 Exh 3-DD, # 36 Exh 3-EE, # 37 Exh 3-FF, # 38 Exh 3-GG, # 39 Exh 3-HH, # 40 Exh 3-II, # 41 Exh 3-JJ, # 42 Exh 3-KK, # 43 Exh 3-LL, # 44 Exh 3-MM, # 45 Exh 3-NN, # 46 Exh 3-OO, # 47 Exh 3-PP, # 48 Exh 3-QQ, # 49 Exh 3-RR, # 50 Exh 3-SS, # 51 Exh 3-TT, # 52 Exh 3-UU, # 53 Exh 3-VV, # 54 Exh 3-WW, # 55 Proposed Order)(Doughty, Rachel) (Entered: 08/20/2018)
2018-08-20	23	Memorandum in opposition to re 19 MOTION for Summary Judgment filed by STORY OF STUFF PROJECT. (Attachments: # 1 Exh 1 to MSJ: Fox Decl., # 2 Attach. A to Fox Decl., # 3 Attach. B to Fox Decl., # 4 Attach. C to Fox Decl., # 5 Exh. 2 to MSJ: Challenged Redactions, # 6 Exh. 3-A, # 7 Exh 3-B, # 8 Exh 3-C, # 9 Exh 3-D, # 10 Exh 3-E, # 11 Exh 3-F, # 12 Exh 3-G, # 13 Exh 3-H, # 14 Exh 3-I, # 15 Exh 3-J, # 16 Exh 3-K, # 17 Exh 3-L, # 18 Exh 3-M, # 19 Exh 3-N, # 20 Exh 3-O, # 21 Exh 3-P, # 22 Exh 3-Q, # 23 Exh 3-R, # 24 Exh 3-S, # 25 Exh 3-T, # 26 Exh 3-U, # 27 Exh 3-V, # 28 Exh 3-W, # 29 Exh 3-X, # 30 Exh 3-Y, # 31 Exh 3-Z, # 32 Exh 3-AA, # 33 Exh 3-BB, # 34 Exh 3-CC, # 35 Exh 3-DD, # 36 Exh 3-EE, # 37 Exh 3-FF, # 38 Exh 3-GG, # 39 Exh 3-HH, # 40 Exh 3-II, # 41 Exh 3-JJ, # 42 Exh 3-KK, # 43 Exh 3-LL, # 44 Exh 3-MM, # 45 Exh 3-NN, # 46 Exh 3-OO, # 47 Exh 3-PP, # 48 Exh 3-QQ, # 49 Exh 3-RR, # 50 Exh 3-SS, # 51 Exh 3-TT, # 52 Exh 3-UU, # 53 Exh 3-VV, # 54 Exh 3-WW, # 55 Proposed Order)(Doughty, Rachel) (Entered: 08/20/2018)
2018-09-13	24	Consent MOTION for Extension of Time to File Response/Reply by UNITED STATES DEPARTMENT OF AGRICULTURE OFFICE OF GENERAL COUNSEL, UNITED STATES FOREST SERVICE (Attachments: # 1 Text of Proposed Order)(Rogers, Joshua) (Entered: 09/13/2018)
2018-09-14		MINUTE ORDER: Upon consideration of Defendants' 24 Consent Motion for Extension of Time to File, it is hereby ORDERED that Defendants shall file their opposition and reply on or before November 1, 2018. Plaintiffs shall file their reply to Defendants' opposition by November 15, 2018. Signed by Judge Trevor N. McFadden on 9/14/2018. (lctnm3) (Entered: 09/14/2018)
2018-09-17		Set/Reset Deadlines: Defendants' reply in support of their Motion for Summary Judgment and opposition to Plaintiff's Cross-Motion due by 11/1/2018. Plaintiff's reply in support of its Cross-Motion due by 11/15/2018. (hmc) (Entered: 09/17/2018)
2018-11-01	25	REPLY to opposition to motion 19 MOTION for Summary Judgment filed by UNITED STATES DEPARTMENT OF AGRICULTURE OFFICE OF GENERAL COUNSEL, UNITED STATES FOREST SERVICE. (Attachments: # 1 Exhibit Ex. A, Lawrence Decl., # 2 Exhibit Ex. B, 2d Rush Decl., # 3 Exhibit Ex. C, 2d Vaughn Index)(Rogers, Joshua); Modified text and link on 11/14/2018 (tth). (Entered: 11/01/2018)
2018-11-01	27	Memorandum in opposition to re 22 Cross MOTION for Summary Judgment filed by UNITED STATES DEPARTMENT OF AGRICULTURE OFFICE OF GENERAL COUNSEL, UNITED STATES FOREST SERVICE. (See Docket Entry 25 to view document) (tth) (Entered: 11/14/2018)
2018-11-09	26	Unopposed MOTION for Extension of Time to File Response/Reply as to 22 Cross MOTION for Summary Judgment by COURAGE CAMPAIGN INSTITUTE, STORY OF STUFF PROJECT (Attachments: # 1 Text of Proposed Order)(Kenna, Matt) (Entered: 11/09/2018)
2018-11-09		MINUTE ORDER: Upon consideration of the Plaintiff's 26 Motion for Extension of Time, it is hereby ORDERED that the Plaintiff shall file its Reply in Support of its Motion for Summary Judgment on or before December 3, 2018. Signed by Judge Trevor N. McFadden on 11/9/2018. (lctnm3) (Entered: 11/09/2018)
2018-11-09		Set/Reset Deadlines: Plaintiff's Reply in support of its Motion for Summary Judgment due by 12/3/2018. (hmc) (Entered: 11/09/2018)
2018-11-26	28	NOTICE of Filing of Tables of Contents and Authorities by UNITED STATES DEPARTMENT OF AGRICULTURE OFFICE OF GENERAL COUNSEL, UNITED STATES FOREST SERVICE (Attachments: # 1 Motion for Summary Judgment Table of Contents, # 2 Motion for Summary Judgment Table of Authorities, # 3 Reply Table of Contents, # 4 Reply Table of Authorities)(Rogers, Joshua) (Entered: 11/26/2018)
2018-12-03	29	REPLY to opposition to motion re 22 Cross MOTION for Summary Judgment filed by STORY OF STUFF PROJECT. (Attachments: # 1 Declaration of Zachary Marker with Exhibits A & B, # 2 Exhibit C D & E to Zachary Marker Declaration, # 3 Exhibit F & G to Zachary Marker Declaration, # 4 Exhibit H part One to Zachary Marker Declaration, # 5 Exhibit H Part Two to Zachary Marker Declaration, # 6 Exhibit I & J to Zachary Marker Declaration, # 7 Declaration of Michael O'Heaney with Exhibits)(Kenna, Matt) (Entered: 12/03/2018)
2018-12-03	30	REQUEST for In Camera Review. (See Docket Entry 29 to view document) (tth) (Entered: 12/11/2018)
2018-12-26	31	MOTION to Stay All Proceedings in Light of Lapse of Appropriations by UNITED STATES DEPARTMENT OF AGRICULTURE OFFICE OF GENERAL COUNSEL, UNITED STATES FOREST SERVICE (Attachments: # 1 Text of Proposed Order)(Rogers, Joshua) (Entered: 12/26/2018)
2019-01-02		MINUTE ORDER granting 31 Motion to Stay. Upon considering the Defendant's 31 Motion to Stay, it is hereby ordered that this matter shall be stayed until Congress has restored appropriations to the Department of Justice. It is further ordered that the Defendant will notify the Court immediately upon resumption of appropriations. Signed by Judge Trevor N. McFadden on 1/2/2019.(lctnm2) (Entered: 01/02/2019)
2019-01-29	32	NOTICE of Restored Funding by UNITED STATES DEPARTMENT OF AGRICULTURE OFFICE OF GENERAL COUNSEL, UNITED STATES FOREST SERVICE (Rogers, Joshua) (Entered: 01/29/2019)
2019-02-04	33	MEMORANDUM OPINION re Defendants' 19 Motion for Summary Judgment and Plaintiff's 22 Cross-Motion for Summary Judgment. See attached Opinion for details. Signed by Judge Trevor N. McFadden on 2/4/2019. (lctnm3) (Entered: 02/04/2019)
2019-02-04	34	ORDER: For the reasons stated in the accompanying 33 Memorandum Opinion, the Defendants' 19 Motion for Summary Judgment is hereby GRANTED IN PART and DENIED IN PART, and the Plaintiff's 22 Cross-Motion for Summary Judgment is hereby GRANTED IN PART and DENIED IN PART. The Clerk of the Court is directed to close the case. This is a final, appealable Order. See attached Order for details. Signed by Judge Trevor N. McFadden on 2/4/2019. (lctnm3) (Entered: 02/04/2019)
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