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Case TitleKortlander v. Bureau of Land Management et al
DistrictDistrict of Montana
CityBillings
Case Number1:2018cv00162
Date Filed2018-11-13
Date Closed2022-09-20
JudgeJudge Brian Morris
PlaintiffChristoper Kortlander
Case DescriptionChristopher Kortlander, the executive director of the Custer Battlefield Museum, submitted a FOIA request to the Bureau of Land Management for records concerning the investigation and prosecution of Robert W. Weaver of Cody, Wyoming, who died in 2016. The agency acknowledged receipt of the request and told Kortlander that it was being put in the complex track for processing. After hearing nothing further from the agency, Kortlander filed an administrative appeal. After hearing nothing more, Kortlander filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Vaughn index, Litigation - Attorney's fees

DefendantBureau of Land Management
DefendantDepartment of the Interior
DefendantRyan Zinke in his official capacity of Secretary of the Interior
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
Complaint attachment 7
Complaint attachment 8
Complaint attachment 9
Complaint attachment 10
Complaint attachment 11
Opinion/Order [10]
Opinion/Order [13]
Opinion/Order [23]
Opinion/Order [29]
Opinion/Order [52]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2018-11-131COMPLAINT against Bureau of Land Management, Department of the Interior, Ryan Zinke, filed by Christoper Kortlander. (Attachments: # 1 Exhibit List, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I, # 11 Civil Cover Sheet) (JDR) (Entered: 11/13/2018)
2018-11-13Filing fee received: $ 400, receipt number MTX100015649 (JDR) (Entered: 11/13/2018)
2018-11-132NOTICE OF CASE OPENING (Attachments: # 1 Consent for Electronic Service)(Hard copy w/copy of docket sheet mailed to pro se plaintiff C. Kortlander) (JDR) (Entered: 11/13/2018)
2018-11-133Pro Se Request for Leave to File by E-mail by Christoper Kortlander. (JDR) (Entered: 11/13/2018)
2018-11-154CONSENT TO ELECTRONIC SERVICE by Christoper Kortlander. (JDR) (Entered: 11/15/2018)
2018-11-165Agreement to Allow Pro Se Party to File by E-Mail. (JEC) (Entered: 11/16/2018)
2018-11-196Summons Issued as to U.S. Attorney and U.S. Attorney General. Originals and Docket sheet mailed to Kortlander. (AEC) (Entered: 11/19/2018)
2018-12-187ANSWER to 1 Complaint, by Bureau of Land Management, Department of the Interior, Ryan Zinke. (Francis, Victoria) (Entered: 12/18/2018)
2018-12-218Electronic Mailing of Consent Magistrate Judge as Presiding Judge. Mailed to counsel Victoria L. Francis and Plaintiff Kortlander. Consent/Objection to USMJ Form due by 1/7/2019. (JEC) (Entered: 12/21/2018)
2019-01-109ORDER REASSIGNING CASE. IT IS ORDERED that the above-captioned cause is reassigned to United States District Judge Brian M. Morris with referral to United States Magistrate Judge John T. Johnston pursuant to 28 U.S.C. § 636(b)(1). Signed by Judge Dana L. Christensen on 1/10/2019. (EMH) (Entered: 01/10/2019)
2019-01-2210ORDER: Consent to the jurisdiction of the United States Magistrate Judge having been withheld or met with objection, this case remains assigned to Judge Brian M. Morris and referred to Magistrate Judge John T. Johnston. Signed by Judge Brian Morris on 1/22/2019. (JEC) (Entered: 01/22/2019)
2019-03-1211Order: Preliminary Pretrial Statement due by 4/17/2019. Joint Discovery Plan due by 4/17/2019. Statement of Stipulated Facts due by 4/17/2019. Pretrial Conference set for 4/24/2019 at 02:00 PM in Great Falls, MT before Magistrate Judge John Johnston. Signed by Magistrate Judge John Johnston on 3/12/2019. (JEC) Modified on 3/12/2019 to remove US Mail service. Plaintiff receives electronic filings. (JEC). (Entered: 03/12/2019)
2019-03-1912Unopposed MOTION for Leave to Appear Telephonic [DEFENDANTS' UNOPPOSED MOTION TO APPEAR AT PRELIMINARY PRETRIAL CONFERENCE BY TELEPHONE] Victoria L. Francis appearing for Defendants Bureau of Land Management, Department of the Interior, Ryan Zinke Motions referred to John Johnston. (Attachments: # 1 Text of Proposed Order) (Francis, Victoria) (Entered: 03/19/2019)
2019-03-2013ORDER granting 12 Motion for Leave to Appear by telephone. Signed by Magistrate Judge John Johnston on 3/20/2019. (JEC) (Entered: 03/20/2019)
2019-04-1714PRELIMINARY PRETRIAL STATEMENT by Bureau of Land Management, Department of the Interior, Ryan Zinke. (Francis, Victoria) (Entered: 04/17/2019)
2019-04-1715DEFENDANTS' PROPOSED STATEMENT OF STIPULATED FACTS by Bureau of Land Management, Department of the Interior, Ryan Zinke. (Francis, Victoria) Modified on 4/17/2019 to modify CM ECF event to reflect title of document per filer request(EMH). (Entered: 04/17/2019)
2019-04-1716DEFENDANTS' PROPOSED CASE MANAGEMENT PLAN by Bureau of Land Management, Department of the Interior, Ryan Zinke. (Francis, Victoria) Modified on 4/17/2019 to modify CM ECF filing to reflect title of document per filer request(EMH). (Entered: 04/17/2019)
2019-04-1717STATEMENT OF STIPULATED FACTS by Christoper Kortlander. (JDR) (Entered: 04/18/2019)
2019-04-1718Plaintiff's Proposed Case Management Plan by Christoper Kortlander. (Attachments: # 1 Exhibit J) (JDR) (Entered: 04/18/2019)
2019-04-2219PRELIMINARY PRETRIAL STATEMENT by Christoper Kortlander. (JEC) (Entered: 04/22/2019)
2019-04-2320Plaintiffs Return Receipts for Certified Mail of Summons and Complaint in a Civil Action by Christoper Kortlander (Attachments: # 1 Exhibit K - Return Receipts) (JDR) (Entered: 04/24/2019)
2019-04-2421NOTICE of Appearance by Tyson M. Lies on behalf of All Defendants (Lies, Tyson) (Entered: 04/24/2019)
2019-04-2522FILED IN ERROR. THIS ENTRY IS A DUPLICATE OF DOCUMENT 20 - Return Receipts for Certified Mail of Summons and Complaint in a Civil Action filed by Christoper Kortlander. Service by Certified Mail on 11/26/2018. (JEC) Modified on 4/25/2019 (JEC). (Entered: 04/25/2019)
2019-04-2923ORDER, Joint Status Report due by 10/25/2019. READ ORDER FOR SCHEDULING DETAILS. Signed by Magistrate Judge John Johnston on 4/29/2019. (EMH) (Entered: 04/29/2019)
2019-05-0124MINUTE ENTRY for proceedings held before Magistrate Judge John Johnston: Initial Pretrial Conference held on 4/24/2019. (Law Clerk: B. Hammer), (SLL) (Entered: 05/01/2019)
2019-10-2325Unopposed MOTION for Extension of Time to File Joint Status Report Tyson M. Lies appearing for Defendants Bureau of Land Management, Department of the Interior, Ryan Zinke Motions referred to John Johnston. (Attachments: # 1 Text of Proposed Order) (Lies, Tyson) (Entered: 10/23/2019)
2019-10-2426ORDER GRANTING DEFENDANTS' UNOPPOSED MOTION TO EXTEND JOINT STATUS REPORT DEADLINE re 25 Unopposed MOTION for Extension of Time to File Joint Status Report filed by Ryan Zinke, Department of the Interior, Bureau of Land Management. (Joint Status Report due by 11/15/2019.) Signed by Magistrate Judge John Johnston on 10/24/2019. (JDR) (Entered: 10/24/2019)
2019-11-1427STATUS REPORT by Christoper Kortlander. (Attachments: # 1 Exhibit L, # 2 Exhibit M, # 3 Exhibit N, # 4 email submission) (JEH) (Entered: 11/14/2019)
2019-11-1528STATUS REPORT by Bureau of Land Management, Department of the Interior, Ryan Zinke. (Lies, Tyson) (Entered: 11/15/2019)
2020-06-0329ORDER, Accordingly, IT IS HEREBY ORDERED:The parties shall file a joint status report on or before June 12, 2020, that addresses the current status of Plaintiffs FOIA request. Signed by Magistrate Judge John Johnston on 6/3/2020. (EMH) (Entered: 06/03/2020)
2020-06-0830MOTION for Extension of Time to File Joint Status Report Victoria L. Francis appearing for Defendants Bureau of Land Management, Department of the Interior, Ryan Zinke Motions referred to John Johnston. (Attachments: # 1 Text of Proposed Order Proposed Order) (Francis, Victoria) (Entered: 06/08/2020)
2020-06-0831ORDER granting 30 Motion for Extension of Time to File. Signed by Magistrate Judge John Johnston on 6/8/2020. (EMH) (Entered: 06/08/2020)
2020-06-08Reset Deadlines: Joint Status Report due by 6/19/2020. (EMH) (Entered: 06/08/2020)
2020-06-1832STATUS REPORT by Christoper Kortlander. (JEH) (Entered: 06/18/2020)
2020-06-1933STATUS REPORT by Bureau of Land Management, Department of the Interior, Ryan Zinke. (Attachments: # 1 - example of redacted page showing asserted FOIA exemptions) (Francis, Victoria) (Entered: 06/19/2020)
2021-03-1734ORDER. The parties shall confer regarding the documents that the BLM has produced in response to Plaintiff s FOIA request and any objections asserted by the Plaintiff. The parties shall file a joint status report on or before March 31, 2021, that addresses the current status of Plaintiff's FOIA request. Signed by Magistrate Judge John Johnston on 3/17/2021. (SEE ORDER FOR ADDITIONAL INFORMATION.) (JDH) (Entered: 03/17/2021)
2021-03-2935Unopposed MOTION for Extension of Time to File Joint Status Report Tyson M. Lies appearing for Defendants Bureau of Land Management, Department of the Interior, Ryan Zinke Motions referred to John Johnston. (Attachments: # 1 Text of Proposed Order) (Lies, Tyson) (Entered: 03/29/2021)
2021-03-2936ORDER granting 35 Motion for Extension of Time to File a Joint Status Report. The parties are hereby ordered to file a joint status report with the Court no later than May 12, 2021. Signed by Magistrate Judge John Johnston on 3/29/2021. (JDH) (Entered: 03/29/2021)
2021-03-29Reset Deadlines: JOINT Status Report due by 5/12/2021. (JDH) (Entered: 03/29/2021)
2021-05-0737NOTICE of Appearance by Robert L. Stephens, Jr on behalf of Christoper Kortlander (Stephens, Robert) (Entered: 05/07/2021)
2021-05-0738STATUS REPORT by Christoper Kortlander. (Stephens, Robert) (Entered: 05/07/2021)
2021-05-1139STATUS REPORT by Bureau of Land Management, Department of the Interior, Ryan Zinke. (Lies, Tyson) (Entered: 05/11/2021)
2021-11-2340ORDER. The parties shall confer regarding the documents that the BLM has produced in response to Plaintiff's FOIA request and any objections asserted by the Plaintiff. The parties shall make a good faith attempt to narrow the number of issues that require resolution by the Court. The parties shall file a joint status report on or before December 6, 2021, that addresses the current status of Plaintiff's FOIA request. Telephonic Status Conference set for 12/13/2021 at 01:30 PM in Great Falls, MT before Magistrate Judge John Johnston. Signed by Magistrate Judge John Johnston on 11/23/2021. (SEE ORDER FOR ADDITIONAL INFORMATION.) (JDH) (Entered: 11/23/2021)
2021-11-2941Unopposed MOTION for Extension of Time to File Joint Status Report & Telephonic Status Conference Victoria L. Francis appearing for Defendants Bureau of Land Management, Department of the Interior, Ryan Zinke Motions referred to John Johnston. (Attachments: # 1 Text of Proposed Order) (Francis, Victoria) (Entered: 11/29/2021)
2021-11-3042Order GRANTING 41 Unopposed MOTION for Extension of Time to File Joint Status Report & Telephonic Status Conference filed by Ryan Zinke, Department of the Interior, Bureau of Land Management. IT IS HEREBY ORDERED that the parties are to file a joint status report with the Court no later than January 7, 2022. The telephonic status conference is reset for January 12, 2022 at 11:00 a.m. The call-in number is as follows: 877-402-9753; access code: 5136505. Signed by Magistrate Judge John Johnston on 11/30/2021. (SLL) (Entered: 11/30/2021)
2022-01-0643STATUS REPORT (Joint) by Bureau of Land Management, Department of the Interior, Ryan Zinke. (Attachments: # 1 Text of Proposed Order) (Francis, Victoria) (Entered: 01/06/2022)
2022-01-1044Order Granting Motion to Continue Status Report Deadline and Telephonic Status Conference (Doc. 43). IT IS HEREBY ORDERED that he telephonic status conference set forJanuary 12, 2022, is vacated. The parties are hereby ordered to file a Joint Status Report with the Court no later than March 8, 2022. The telephonic status conference is reset for March 16, 2022 at 11:00 a.m. The call-in number is as follows: 877-402-9753; access code: 5136505. Signed by Magistrate Judge John Johnston on 1/10/2022. (SLL) (Entered: 01/10/2022)
2022-03-0845NOTICE of Substitution of Counsel by Bureau of Land Management, Department of the Interior, Ryan Zinke (McCarthy, Brendan) (Entered: 03/08/2022)
2022-03-0846Joint MOTION for Extension of Time to File Joint Status Report Deadline and Telephonic Status Conference Victoria L. Francis appearing for Defendants Bureau of Land Management, Department of the Interior, Ryan Zinke Motions referred to John Johnston. (Attachments: # 1 Text of Proposed Order) (Francis, Victoria) (Entered: 03/08/2022)
2022-03-0847ORDER: Having considered the parties' 46 Unopposed Joint Motion to Extend Deadline for Joint Status Report and Telephonic Status Conference, the Court hereby GRANTS the relief requested therein. The parties are hereby ordered to file a joint status report with the Court no later than March 16, 2022. The telephonic status conference is reset for March 23, 2022 at 11:00 a.m. The call-in number is as follows: 877-402-9753; access code: 5136505. Signed by Magistrate Judge John Johnston on 3/8/2022. (ACC) (Entered: 03/08/2022)
2022-03-0848NOTICE of Substitution of Counsel by Christoper Kortlander (Strong, Penelope) (Entered: 03/08/2022)
2022-03-1649STATUS REPORT (Joint) by Bureau of Land Management, Department of the Interior, Ryan Zinke. (Attachments: # 1 Text of Proposed Order) (Francis, Victoria) (Entered: 03/16/2022)
2022-03-1750ORDER: Having considered the parties Joint Status Report, the Court hereby GRANTS the relief requested therein. Accordingly, the telephonic status conference set for March 23, 2022, is VACATED. Plaintiff shall file an amended complaint, or the parties shall file a joint status report proposing a motions briefing schedule on or before June 17, 2022. Signed by Judge Brian Morris on 3/17/2022. (ACC) (Entered: 03/17/2022)
2022-06-1651Unopposed MOTION for Extension of Time to File Amended Complaint or Joint Status Report Penelope S. Strong appearing for Plaintiff Christoper Kortlander (Attachments: # 1 Text of Proposed Order) (Strong, Penelope) (Entered: 06/16/2022)
2022-06-1652Order: IT IS HEREBY ORDERED that the deadline to file Amended Complaint or Joint Status Report is hereby extended from June 17, 2022, to July 8, 2022. Signed by Magistrate Judge John Johnston on 6/16/2022. (KAH) (Entered: 06/16/2022)
2022-07-0853STATUS REPORT (Joint) and STIPULATION by Bureau of Land Management, Department of the Interior, Ryan Zinke. (Attachments: # 1 Text of Proposed Order) (Francis, Victoria) Modified on 7/8/2022 to change to motion(ACC). (Entered: 07/08/2022)
2022-07-1254ORDER: Having considered the parties 53 Joint Status Report, the Court hereby GRANTS the relief requested therein. The parties are hereby ordered to file a Joint Status Report, or the Plaintiff will file an amended complaint on or before September 6, 2022. Signed by Magistrate Judge John Johnston on 7/12/2022. (SLR) (Entered: 07/12/2022)
2022-09-0255NOTICE of Substitution of Counsel by Bureau of Land Management, Department of the Interior, Ryan Zinke (Smith, Mark) (Entered: 09/02/2022)
2022-09-0656Unopposed MOTION for Extension of Time to File Amended Complaint or Joint Status Report Penelope S. Strong appearing for Plaintiff Christoper Kortlander (Attachments: # 1 Text of Proposed Order) (Strong, Penelope) (Entered: 09/06/2022)
2022-09-0857ORDER granting 56 Motion for Extension of Time to File. IT IS HEREBY ORDERED that the deadline to file Amended Complaint or Joint Status Report is hereby extended from September 6, 2022, to September 20, 2022. Signed by Judge Brian Morris on 9/8/2022. (KAH) (Entered: 09/08/2022)
2022-09-08Set Deadlines: Amended Complaint or Joint Status Report due by 9/20/2022. (SLR) (Entered: 09/08/2022)
2022-09-2058STATUS REPORT by Christoper Kortlander. (Strong, Penelope) Modified on 9/20/2022 change to motion. (ACC). (Entered: 09/20/2022)
2022-09-2059ORDER DISMISSING CASE. Upon the 58 Joint Status Report and with good cause shown, IT IS HEREBY ORDERED that this case is DISMISSED with each party to bear their own costs and fees. Signed by Judge Brian Morris on 9/20/2022. (ACC) (Entered: 09/20/2022)
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