Case Detail

FOIA Project Annotation: A federal magistrate judge in Idaho has ruled that although the Bureau of Land Management has now responded to the first of two requests submitted by the Western Watersheds Project and is processing the second request, the agency has so far failed to show that its delay in responding was appropriate under the unusual circumstances exception in FOIA. The magistrate judge observed that "but the fact that some delay was warranted due to the overwhelming nature of the coalescing factors within the [first request] does not ipso facto legitimize the BLM's actual delay concerning its handling (to include the BLM's delay in relaying back to WWP the required determination in the first instance)." The magistrate judge explained that "there is no getting around the fact that over one-and-a-half years has transpired since WWP first submitted [its first request] to the BLM and that it took the BLM over a year to start producing records to WWP that were responsive to that request â€" and only after WWP initiated this action and moved for summary judgment. These realities trouble the Court immensely when considering FOIA's purpose and they cannot be excused by the BLM simply pointing to a need for more time. Had the BLM timely notified WWP of its need for more time and indicated upfront a date-certain for its anticipated determination and/or production; the BLM's position would be more well-taken and, likewise, WWP could have chosen to proceed differently with its FOIA request(s). But BLM didn't, and instead either went silent in the time between May 2018 and October 2018, or arguably moved the goalposts in providing WWP with a determination and/or production." As a result, the magistrate judge asked the parties to provide a joint status report discussing ways to move forward.
Issues: Delay - Unusual circumstances

Date Filed	Doc #	Docket Text
2018-11-14	1	COMPLAINT against Bureau of Land Management ( Filing fee $ 400 receipt number 0976-1811354.), filed by Western Watersheds Project. (Attachments: # 1 Cover Sheet, # 2 Summons)(Brooks, Talasi)
2018-11-14	2	ERRATA by Plaintiff Western Watersheds Project re 1 Complaint Civil Cover Sheet . (Brooks, Talasi)
2018-11-14	3	Corporate Disclosure Statement by Western Watersheds Project. (Brooks, Talasi)
2018-11-21	4	Summons Issued as to Bureau of Land Management (Print attached Summons for service.) (alw)
2018-11-26	5	Another Summons Issued as to Bureau of Land Management (Print attached Summons for service.) (jp)
2018-12-31	6	NOTICE of Change of Address by Talasi B Brooks (Brooks, Talasi)
2019-01-02	7	DOCKET ENTRY ORDER. This case is hereby stayed in accordance with General Order No. 339. Signed by Judge Ronald E. Bush. (km)
2019-01-03	8	NOTICE of Appearance by Scott Lake on behalf of Western Watersheds Project (Lake, Scott)
2019-01-28	10	DOCKET ENTRY ORDER. Pursuant to General Order No. 339 and except as otherwise noted below, all applicable deadlines under the Federal Rules of Civil Procedure and any deadlines provided for in the Courts Case Management Orders or Amended Case Management Orders for those cases included in the Case List Report (incorporated by reference in General Order No. 339) are hereby extended a period of 35 days from the original deadline. Any deadlines that were separately set by stipulation and/or court order are not extended by this Docket Entry Order. Similarly, any deadlines for discovery requests are not extended if, as of December 22, 2018, the discovery could not have been timely served and completed prior to the original discovery deadline. Note that the Clerk's Office is in the process of re-setting all of these deadlines in CM/ECF. Signed by Judge Ronald E. Bush. (km)
2019-02-07	11	SUMMONS Returned Executed by Western Watersheds Project. All Defendants. (Attachments: # 1 Declaration/Exhibit)(Brooks, Talasi)
2019-02-07	12	ANSWER to 1 Complaint by Bureau of Land Management.(Rodriguez, Joanne)
2019-02-08	13	NOTICE of Assignment to Magistrate Judge and Requirement for Consent sent to counsel for Bureau of Land Management, Western Watersheds Project re 12 Answer to Complaint Consent/Objection to Magistrate due by 4/9/2019. (alw)
2019-02-11	14	LITIGATION ORDER AND NOTICE OF TELEPHONIC SCHEDULING CONFERENCE Telephonic Scheduling Conference set for 4/2/2019 10:30 AM in Boise Chambers before Judge Ronald E. Bush. Joint Litigation Plan and Discovery Plan due 3/25/2019. Signed by Judge Ronald E. Bush. (alw)
2019-02-12	15	Docket entry only - CONSENT to Magistrate Judge filed. (cjs) (Entered: 02/13/2019)
2019-02-14	16	AMENDED ANSWER to 1 Complaint by Bureau of Land Management.(Rodriguez, Joanne)
2019-02-18	17	MOTION for Summary Judgment Talasi B Brooks appearing for Plaintiff Western Watersheds Project. Responses due by 3/11/2019 (Attachments: # 1 Memorandum in Support, # 2 Affidavit, # 3 Exhibit Exhibits 1-16)(Brooks, Talasi)
2019-02-18	18	ERRATA by Plaintiff Western Watersheds Project re 17 MOTION for Summary Judgment Separate Statement of Facts . (Brooks, Talasi)
2019-03-11	19	MOTION to Stay re 17 MOTION for Summary Judgment , 14 Litigation Order, (Unopposed) Joanne P Rodriguez appearing for Defendant Bureau of Land Management. Responses due by 4/1/2019 (Rodriguez, Joanne)
2019-03-12	20	ORDER RE: UNOPPOSED MOTION TO STAY BRIEFING AND VACATE TELEPHONE SCHEDULING CONFERENCE (Docket No. 19 ). Good cause appearing, the Court HEREBY GRANTS the Motion as follows: 1. The April 2, 2019 Telephonic Scheduling Conference is hereby vacated and will be re-set by separate order. 2. The March 11, 2019 deadline for Defendant to respond to Plaintiff's Motion for Summary Judgment (Docket No. 17 ) is vacated and re-set to either May 15, 2019 or within 15 days after the search/production related to the second request is completed (as referenced within the Motion) whichever occurs first. Signed by Judge Ronald E. Bush. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (alw)
2019-03-12	21	DOCKET TEXT NOTICE of Hearing: Per DOC. 20, A Telephonic Scheduling Conference has been set for 5/15/2019 09:30 AM (Mtn.) in Telephonic Hearing - Boise before Judge Ronald E. Bush. *Counsel shall file a Stipulated Litigation and Discovery Plan(s) no later than MAY 7, 2019, refer to DOC. 14 for instructions/forms. *Plaintiff's counsel shall initiate this Conference Call to (208) 334-1495.(lc)
2019-03-26	22	ALL PARTIES HAVE CONSENTED TO PROCEED BEFORE A US MAGISTRATE JUDGE (jp)
2019-05-07	23	SCHEDULING CONFERENCE FORM - LITIGATION PLAN by Bureau of Land Management. (Rodriguez, Joanne)
2019-05-07	24	SCHEDULING CONFERENCE FORM - LITIGATION PLAN by Western Watersheds Project. (Brooks, Talasi)
2019-05-15	25	DOCKET TEXT Minute Entry for proceedings held before Judge Ronald E. Bush: Telephone Scheduling Conference held on 5/15/2019. Talisa Brooks appeared for Pltff and Joanne Rodriguez for Defendant. Court reviewed the record and the filings in this matter. Counsel provided status of this case. The Court shall enter a CMO w/ deadlines as discussed on the record and set a TSC for 10am for 9/10/19, with Ms. Rodriquez to initiate the call (instructions in order). 9:30am tape start (15 min). (Court Reporter/ESR lc.) Audio File Location Boise - Courtroom 7. (lc)
2019-05-15	26	SCHEDULING ORDER.(Amended Pleadings due by 8/13/2019. Joinder of Parties due by 8/13/2019. Motions due by 5/15/2019. Telephonic Status Conference set for 9/10/2019 09:30 AM in Boise - Courtroom 7 before Judge Ronald E. Bush.). Signed by Judge Ronald E. Bush. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (st)
2019-05-15	27	RESPONSE to Motion re 17 MOTION for Summary Judgment filed by Bureau of Land Management. Replies due by 5/29/2019. (Attachments: # 1 Declaration of Jennifer Litman, # 2 Declaration of Keiosha Alexander, # 3 Declaration of Michael Robinson)(Rodriguez, Joanne)
2019-05-15	28	MOTION for Summary Judgment Joanne P Rodriguez appearing for Defendant Bureau of Land Management. Responses due by 6/5/2019 (Attachments: # 1 Declaration of Jennifer Litman, # 2 Declaration of Keiosha Alexander, # 3 Declaration of Michael Robinson)(Rodriguez, Joanne)
2019-05-17	29	DOCKET TEXT NOTICE: The correct time for the TSC on 9/10/19 is 9:30AM MTN., as stated in the Scheduling Order (Doc. 26). (lc)
2019-05-22	30	REPLY to Response to Motion re 17 MOTION for Summary Judgment filed by Western Watersheds Project.Motion Ripe Deadline set for 5/23/2019. (Attachments: # 1 Supplemental Fuller Decl.)(Brooks, Talasi)
2019-05-22	31	RESPONSE to Motion re 28 MOTION for Summary Judgment filed by Western Watersheds Project. Replies due by 6/5/2019. (Attachments: # 1 Supplemental Fuller Decl.)(Brooks, Talasi)
2019-06-03	32	DOCKET TEXT NOTICE of Hearing on Motion 17 MOTION for Summary Judgment , 28 MOTION for Summary Judgment : Motion Hearing set for 7/16/2019 09:30 AM (MTN.) in Boise - Courtroom 7 before Judge Ronald E. Bush. (lc)
2019-06-04	33	DOCKET TEXT NOTICE: The 7/16/2019 Motion Hearing is Vacated. (lc)
2019-06-05	34	REPLY to Response to Motion re 28 MOTION for Summary Judgment filed by Bureau of Land Management.Motion Ripe Deadline set for 6/6/2019. (Attachments: # 1 Second Declaration of Jennifer Litman, # 2 Exhibit 1, # 3 Exhibit 2)(Rodriguez, Joanne)
2019-08-01		Set/Reset Hearings: AMENDED Notice/ This Hearing requires a *TIME CHANGE ONLY Telephonic Status Conference set for 9/10/2019 01:30 PM MTN in Telephonic Hearing - Boise Courtroom 7 before Judge Ronald E. Bush. *Refer to DOC. 26 providing instructions for Defendant to initiate this call.(lc)
2019-09-10	35	Minute Entry/NOTICE OF HEARING* for proceedings held before Judge Ronald E. Bush: Status Conference held on 9/10/2019. NOTICE *Telephonic Status Conference set for 1/15/2020 09:30 AM (MTN.) with Plaintiff's counsel to initiate the Call, connecting the Court at (208)334-1495, before Judge Ronald E. Bush.). (Court Reporter/ESR lc.) Audio File Location Boise - Courtroom 7. (lc)THESE MINUTES SHALL STAND AS THE ORDER OF THE COURT
2019-09-11	36	REPLY to Response to Motion re 28 MOTION for Summary Judgment (Addendum) filed by Bureau of Land Management.Motion Ripe Deadline set for 9/12/2019.(Rodriguez, Joanne)
2019-09-27	37	MEMORANDUM DECISION AND ORDER. Plaintiff's Motion forSummary Judgment (Dkt. 17 ) and Defendant's Motion for Summary Judgment (Dkt. 28 ) are each DENIED AS MOOT, with the Court retaining jurisdiction over the matter to oversee the status report deadline detailed herein and to consider additional motion practice as necessary. On or before October 15, 2019, the parties shall file a joint status report, addressing any outstanding issues in need of the Court's consideration moving forward in light of 2018-00056 and 2018-00519's apparent resolution during the pendency of this action. Signed by Judge Ronald E. Bush. (alw)
2019-10-09	38	STATUS REPORT (Joint) by Bureau of Land Management. (Rodriguez, Joanne)
2019-10-11	39	DOCKET ENTRY ORDER: In response to the parties' October 9, 2019 38 Joint Status Report, the parties shall submit a second status report on or before October 29, 2019. Signed by Judge Ronald E. Bush. (dg)
2019-10-15		Set Deadlines/Hearings: Status Report due by 10/29/2019 per Order dkt 39. (alw)
2019-10-29	40	STATUS REPORT and Motion to Stay by Western Watersheds Project. (Lake, Scott)
2019-12-23	41	ORDER the Court HEREBY ORDERS that the parties submit a joint status report on or before January 13, 2020, ahead of the scheduled January 15, 2020 telephonic status conference. Signed by Judge Ronald E. Bush. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (jp)
2020-01-13	42	STATUS REPORT and Motion to Vacate Telephonic Status Conference by Western Watersheds Project. (Brooks, Talasi)
2020-01-14	43	DOCKET ENTRY ORDER RE: 42 Status Report. Based upon the representations contained therein, the January 15, 2020 status conference is VACATED and will be re-set by separate Notice. Signed by Judge Ronald E. Bush. (dg)
2020-01-14	44	DOCKET TEXT NOTICE of Hearing: Per Order/DOC. 43, tomorrow's 1/15/20 TSC is VACATED. The Telephonic Status Conference is reset for 2/25/2020 11:30 AM (MTN.) in Telephonic Hearing - Boise,before Judge Ronald E. Bush. * Pltff's counsel shall initiate the Call to 208-334-1495. * DOCKET NOTE: Counsel shall file no later than FEBRUARY 20, 2019 their next STATUS REPORT.(lc)
2020-01-14		Set/Reset Hearings: Telephonic Status Conference set for 2/25/2020 11:30 AM in Telephonic Hearing - Boise Courtroom 7 before Judge Ronald E. Bush. (clerical only)
2020-01-14	45	Joint MOTION to Dismiss with Prejudice Talasi B Brooks appearing for Plaintiff Western Watersheds Project. Responses due by 2/4/2020 (Attachments: # 1 Settlement Agreement)(Brooks, Talasi)
2020-01-21	46	ORDER OF DISMISSAL WITH PREJUDICE. IT IS HEREBY ORDERED, ADJUDGED AND DECREED that the above-entitled action is dismissed with prejudice in its entirety pursuant to the fully executed Settlement Agreement, with the Court retaining jurisdiction to enforce the Settlement Agreement until May 20, 2020, unless otherwise ordered by the Court. Signed by Judge Ronald E. Bush. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (ckh)
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