| Date Filed | Doc # | Docket Text |
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| 2019-06-20 | 1 | COMPLAINT against U.S. BUREAU OF LAND MANAGEMENT, U.S. DEPARTMENT OF AGRICULTURE, U.S. DEPARTMENT OF THE INTERIOR, U.S. FOREST SERVICE ( Filing fee $ 400 receipt number 0090-6201143) filed by WILDERNESS SOCIETY. (Attachments: # 1 Civil Cover Sheet, # 2 Summons Civil Process Clerk, U.S. Attorney's Office, # 3 Summons U.S. Attorney General, # 4 Summons U.S. Dept. of Interior, # 5 Summons U.S. Bureau of Land Management, # 6 Summons U.S. Department of Agriculture, # 7 Summons U.S. Forest Service)(Kenna, Matt) (Attachment 1 replaced on 6/20/2019) (zeg). (Entered: 06/20/2019) |
| 2019-06-20 | 2 | LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by WILDERNESS SOCIETY (Kenna, Matt) (Entered: 06/20/2019) |
| 2019-06-20 | 3 | MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Maya Kane, :Firm- Kane Law LLC, :Address- 10 Town Square, No. 422. Phone No. - (970) 946-5419. Fax No. - n/a Filing fee $ 100, receipt number 0090-6202442. Fee Status: Fee Paid. by WILDERNESS SOCIETY (Attachments: # 1 Declaration of Maya Kane, # 2 Text of Proposed Order)(Kenna, Matt) (Entered: 06/20/2019) |
| 2019-06-20 | | Case Assigned to Judge Timothy J. Kelly. (zeg) (Entered: 06/20/2019) |
| 2019-06-20 | 4 | SUMMONS (6) Issued Electronically as to U.S. BUREAU OF LAND MANAGEMENT, U.S. DEPARTMENT OF AGRICULTURE, U.S. DEPARTMENT OF THE INTERIOR, U.S. FOREST SERVICE, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(zeg) (Entered: 06/20/2019) |
| 2019-06-21 | | MINUTE ORDER granting 3 Motion for Leave to Appear Pro Hac Vice. Attorney Maya L. Kane is hereby admitted pro hac vice to appear in this matter. Signed by Judge Timothy J. Kelly on 6/21/2019. (lctjk3) (Entered: 06/21/2019) |
| 2019-06-28 | 5 | RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 6/26/2019. Answer due for ALL FEDERAL DEFENDANTS by 7/26/2019. (Attachments: # 1 Exhibit USPS Proof of Service)(Kenna, Matt) (Main Document 5 replaced on 7/2/2019) (znmw). (Entered: 06/28/2019) |
| 2019-06-28 | 6 | RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 06/26/2019. (Attachments: # 1 Exhibit USPS Proof of Service)(Kenna, Matt) (Main Document 6 replaced on 7/2/2019) (znmw). (Entered: 06/28/2019) |
| 2019-06-28 | 7 | RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF THE INTERIOR served on 6/25/2019 (Attachments: # 1 Exhibit USPS Proof of Service)(Kenna, Matt) (Main Document 7 replaced on 7/2/2019) (znmw). (Entered: 06/28/2019) |
| 2019-06-28 | 8 | RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. BUREAU OF LAND MANAGEMENT served on 6/25/2019 (Attachments: # 1 Exhibit USPS Proof of Service)(Kenna, Matt) (Main Document 8 replaced on 7/2/2019) (znmw). (Entered: 06/28/2019) |
| 2019-06-28 | 9 | RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF AGRICULTURE served on 6/25/2019 (Attachments: # 1 Exhibit USPS Proof of Service)(Kenna, Matt) (Main Document 9 replaced on 7/2/2019) (znmw). (Entered: 06/28/2019) |
| 2019-06-28 | 10 | NOTICE of Appearance by Maya L. Kane on behalf of WILDERNESS SOCIETY (Kane, Maya) (Entered: 06/28/2019) |
| 2019-07-01 | 11 | NOTICE of Appearance by Johnny Hillary Walker, III on behalf of All Defendants (Walker, Johnny) (Entered: 07/01/2019) |
| 2019-07-03 | 12 | RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. FOREST SERVICE served on 7/2/2019 (Attachments: # 1 Exhibit USPS Proof of Service, USFS)(Kane, Maya) (Main Document 12 replaced on 7/5/2019) (ztth). (Entered: 07/03/2019) |
| 2019-07-26 | 13 | ANSWER to Complaint by U.S. BUREAU OF LAND MANAGEMENT, U.S. DEPARTMENT OF AGRICULTURE, U.S. DEPARTMENT OF THE INTERIOR, U.S. FOREST SERVICE.(Walker, Johnny) (Entered: 07/26/2019) |
| 2019-07-29 | | MINUTE ORDER: Before the Court in this FOIA case are a complaint and an answer. It is hereby ORDERED that the parties shall meet, confer, and file a joint proposed schedule for briefing or disclosure by August 26, 2019. Signed by Judge Timothy J. Kelly on 7/29/2019. (lctjk3) (Entered: 07/29/2019) |
| 2019-08-26 | 14 | Joint STATUS REPORT by U.S. BUREAU OF LAND MANAGEMENT, U.S. DEPARTMENT OF AGRICULTURE, U.S. DEPARTMENT OF THE INTERIOR, U.S. FOREST SERVICE. (Walker, Johnny) (Entered: 08/26/2019) |
| 2019-08-27 | | MINUTE ORDER: Upon consideration of the parties' 14 Joint Status Report, it is hereby ORDERED that the parties shall file a further joint status report by September 9, 2019. Signed by Judge Timothy J. Kelly on 8/27/2019. (lctjk3) (Entered: 08/27/2019) |
| 2019-09-09 | 15 | Joint STATUS REPORT by U.S. BUREAU OF LAND MANAGEMENT, U.S. DEPARTMENT OF AGRICULTURE, U.S. DEPARTMENT OF THE INTERIOR, U.S. FOREST SERVICE. (Walker, Johnny) (Entered: 09/09/2019) |
| 2019-09-10 | | MINUTE ORDER: Upon consideration of the parties' 15 Joint Status Report, it is hereby ORDERED that the parties shall file a further joint status report by October 14, 2019. Signed by Judge Timothy J. Kelly on 9/10/2019. (lctjk3) (Entered: 09/10/2019) |
| 2019-10-15 | 16 | Joint STATUS REPORT by U.S. BUREAU OF LAND MANAGEMENT, U.S. DEPARTMENT OF AGRICULTURE, U.S. DEPARTMENT OF THE INTERIOR, U.S. FOREST SERVICE. (Walker, Johnny) (Entered: 10/15/2019) |
| 2019-10-16 | | MINUTE ORDER: Upon consideration of the parties 16 Joint Status Report, it is hereby ORDERED that the parties shall file a further joint status report by November 15, 2019. Signed by Judge Timothy J. Kelly on 10/16/2019. (lctjk3) (Entered: 10/16/2019) |
| 2019-11-15 | 17 | Joint STATUS REPORT by U.S. BUREAU OF LAND MANAGEMENT, U.S. DEPARTMENT OF AGRICULTURE, U.S. DEPARTMENT OF THE INTERIOR, U.S. FOREST SERVICE. (Walker, Johnny) (Entered: 11/15/2019) |
| 2019-11-15 | | MINUTE ORDER: Upon consideration of the parties' 17 Joint Status Report, it is hereby ORDERED that the parties shall file a further joint status report by January 14, 2020. Signed by Judge Timothy J. Kelly on 11/15/2019. (lctjk3) (Entered: 11/15/2019) |
| 2020-01-14 | 18 | Joint STATUS REPORT by U.S. BUREAU OF LAND MANAGEMENT, U.S. DEPARTMENT OF AGRICULTURE, U.S. DEPARTMENT OF THE INTERIOR, U.S. FOREST SERVICE. (Walker, Johnny) (Entered: 01/14/2020) |
| 2020-01-15 | | MINUTE ORDER: Upon consideration of the parties' 18 Joint Status Report, it is hereby ORDERED that the parties shall file a further joint status report by April 29, 2020. Signed by Judge Timothy J. Kelly on 1/15/2020. (lctjk3) (Entered: 01/15/2020) |
| 2020-04-29 | 19 | Joint STATUS REPORT by U.S. BUREAU OF LAND MANAGEMENT, U.S. DEPARTMENT OF AGRICULTURE, U.S. DEPARTMENT OF THE INTERIOR, U.S. FOREST SERVICE. (Walker, Johnny) (Entered: 04/29/2020) |
| 2020-04-30 | | MINUTE ORDER: Upon consideration of the parties' 19 Joint Status Report, it is hereby ORDERED that the parties shall file a further joint status report by May 6, 2020. Signed by Judge Timothy J. Kelly on 4/30/2020. (lctjk3) (Entered: 04/30/2020) |
| 2020-05-06 | 20 | Joint STATUS REPORT by U.S. BUREAU OF LAND MANAGEMENT, U.S. DEPARTMENT OF AGRICULTURE, U.S. DEPARTMENT OF THE INTERIOR, U.S. FOREST SERVICE. (Attachments: # 1 Exhibit 1)(Walker, Johnny) (Entered: 05/06/2020) |
| 2020-05-07 | | MINUTE ORDER: Upon consideration of the parties' 20 Joint Status Report, it is hereby ORDERED that Defendants shall file their motion for summary judgment by July 6, 2020; Plaintiff shall file its opposition and cross-motion for summary judgment by August 3, 2020; Defendants shall file their opposition to Plaintiff's cross-motion and reply in support of their motion by August 24, 2020; and Plaintiff shall file its reply in support of its motion by September 7, 2020. Signed by Judge Timothy J. Kelly on 5/7/2020. (lctjk3) (Entered: 05/07/2020) |
| 2020-06-30 | 21 | Unopposed MOTION to Modify by U.S. BUREAU OF LAND MANAGEMENT, U.S. DEPARTMENT OF AGRICULTURE, U.S. DEPARTMENT OF THE INTERIOR, U.S. FOREST SERVICE (Attachments: # 1 Text of Proposed Order)(Walker, Johnny) (Entered: 06/30/2020) |
| 2020-07-02 | | MINUTE ORDER granting, for good cause shown, Defendants' 21 Unopposed Motion to Modify Briefing Schedule. It is hereby ORDERED that Defendants shall file their motion for summary judgment by July 27, 2020; Plaintiff shall file its opposition and cross-motion for summary judgment by August 24, 2020; Defendants shall file their opposition to Plaintiff's cross-motion and reply in support of their motion by September 14, 2020; and Plaintiff shall file its reply in support of its motion by September 28, 2020. Signed by Judge Timothy J. Kelly on 7/2/2020. (lctjk3) (Entered: 07/02/2020) |
| 2020-07-27 | 22 | MOTION for Summary Judgment by U.S. DEPARTMENT OF AGRICULTURE, U.S. FOREST SERVICE (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Graves Decl. (with attachments), # 4 Scofield Decl. (with attachments), # 5 Text of Proposed Order)(Walker, Johnny) (Entered: 07/27/2020) |
| 2020-08-24 | 23 | RESPONSE re 22 MOTION for Summary Judgment filed by WILDERNESS SOCIETY. (Attachments: # 1 Exhibit Exhibit A to Response Memorandum Hearing Transcript, # 2 Exhibit Exhibit B to Response Memorandum Perdue Letter, # 3 Exhibit Exhibit C to Response Memorandum Smith Klobuchar Letter, # 4 Exhibit Exhibit D to Response Memorandum Minn DNR Letter, # 5 Exhibit Exhibit E to Response Memorandum TWS Letter re Vaughn Index, # 6 Exhibit Exhibit F to Response Memorandum Post-Dated Records, # 7 Exhibit Exhibit G to Response Memorandum Records not involving attorney or attorney only cc'd, # 8 Statement of Facts Plaintiff's Response to Statement of Facts and its Statement of Facts, # 9 Text of Proposed Order Plaintiff's Proposed Order)(Kane, Maya) (Entered: 08/24/2020) |
| 2020-08-24 | 24 | Cross MOTION for Summary Judgment by WILDERNESS SOCIETY (Attachments: # 1 Memorandum in Support Memorandum of Points and Authorities in Support of Plaintiff's Cross-Motion for Summary Judgment, # 2 Exhibit Exhibit A to Memorandum Hearing Transcript, # 3 Exhibit Exhibit B to Memorandum Perdue Letter, # 4 Exhibit Exhibit C to Memorandum Smith Klobuchar Letter, # 5 Exhibit Exhibit D to Memorandum Minn. DNR Letter, # 6 Exhibit Exhibit E TWS Letter to DOJ re Vaughn Index, # 7 Exhibit Exhibit F Post-Dated Records, # 8 Exhibit Exhibit G to Memorandum ACP Records, # 9 Statement of Facts Plaintiff's Statement of Facts, # 10 Text of Proposed Order Plaintiff's Proposed Order)(Kane, Maya) (Entered: 08/24/2020) |
| 2020-09-14 | 25 | Unopposed MOTION to Modify the Briefing Schedule by U.S. DEPARTMENT OF AGRICULTURE, U.S. FOREST SERVICE (Attachments: # 1 Text of Proposed Order)(Walker, Johnny) (Entered: 09/14/2020) |
| 2020-09-15 | | MINUTE ORDER granting, for good cause shown, Defendants' 25 Unopposed Motion to Modify Briefing Schedule. It is hereby ORDERED that Defendants shall file their opposition to Plaintiff's cross-motion for summary judgment and reply in support of their motion for summary judgment by September 28, 2020; and Plaintiff shall file its reply in support of its motion by October 12, 2020. Signed by Judge Timothy J. Kelly on 9/15/2020. (lctjk3) (Entered: 09/15/2020) |
| 2020-09-24 | 26 | Unopposed MOTION to Modify by U.S. DEPARTMENT OF AGRICULTURE, U.S. FOREST SERVICE (Attachments: # 1 Text of Proposed Order)(Walker, Johnny) (Entered: 09/24/2020) |
| 2020-09-25 | | MINUTE ORDER granting, for good cause shown, Defendants' 26 Unopposed Motion to Modify Briefing Schedule. It is hereby ORDERED that Defendants shall file their opposition to Plaintiff's cross-motion for summary judgment and reply in support of their motion for summary judgment by September 30, 2020. Signed by Judge Timothy J. Kelly on 9/25/2020. (lctjk3) (Entered: 09/25/2020) |
| 2020-09-30 | 27 | Memorandum in opposition to re 24 Cross MOTION for Summary Judgment filed by U.S. DEPARTMENT OF AGRICULTURE, U.S. FOREST SERVICE. (Attachments: # 1 Supp. Decl. of Alexis Graves, # 2 Supp. Decl. of Margaret Scofield, # 3 Resp. to Pl.'s Stmt. of Facts)(Walker, Johnny) (Entered: 09/30/2020) |
| 2020-09-30 | 28 | REPLY to opposition to motion re 22 MOTION for Summary Judgment filed by U.S. DEPARTMENT OF AGRICULTURE, U.S. FOREST SERVICE. (Attachments: # 1 Supp. Decl. of Alexis Graves, # 2 Supp. Decl. of Margaret Scofield)(Walker, Johnny) (Entered: 09/30/2020) |
| 2020-10-08 | 29 | MOTION for Extension of Time to File Response/Reply by WILDERNESS SOCIETY (Attachments: # 1 Exhibit Proposed Order)(Kane, Maya) (Entered: 10/08/2020) |
| 2020-10-08 | 30 | NOTICE of Proposed Order Corrected by WILDERNESS SOCIETY re 29 MOTION for Extension of Time to File Response/Reply (Kane, Maya) (Entered: 10/08/2020) |
| 2020-10-08 | | MINUTE ORDER granting, for good cause shown, Plaintiff's 29 Unopposed Motion to Modify Briefing Schedule. It is hereby ORDERED that Plaintiff shall file its reply in support of its cross-motion for summary judgment by October 22, 2020. Signed by Judge Timothy J. Kelly on 10/8/2020. (lctjk3) (Entered: 10/08/2020) |
| 2020-10-22 | 31 | REPLY to opposition to motion re 24 Cross MOTION for Summary Judgment filed by WILDERNESS SOCIETY. (Kane, Maya) (Entered: 10/22/2020) |
| 2020-12-21 | 32 | STATUS REPORT by WILDERNESS SOCIETY. (Attachments: # 1 Exhibit USFS Vaughn Index, # 2 Exhibit Email Communications for Joint Status Report, # 3 Exhibit TWS Challenges to Second Supplemental Release)(Kane, Maya) (Entered: 12/21/2020) |
| 2021-01-22 | 33 | RESPONSE re 32 Status Report filed by U.S. FOREST SERVICE. (Attachments: # 1 2d Supp. Declaration of Margaret Scofield)(Walker, Johnny) (Entered: 01/22/2021) |
| 2021-12-10 | 34 | NOTICE OF SUBSTITUTION OF COUNSEL by Thomas Duffey on behalf of U.S. BUREAU OF LAND MANAGEMENT, U.S. DEPARTMENT OF AGRICULTURE, U.S. DEPARTMENT OF THE INTERIOR, U.S. FOREST SERVICE Substituting for attorney Johnny H. Walker (Duffey, Thomas) (Entered: 12/10/2021) |
| 2022-03-29 | | MINUTE ORDER denying without prejudice Defendants' 22 Motion for Summary Judgment and Plaintiff's 24 Cross-Motion for Summary Judgment. In this FOIA case, the parties have cross-moved for summary judgment as to the propriety of Defendants' withholdings under FOIA Exemption 5. See 5 U.S.C. § 552(b)(5). Exemption 5 protects inter-agency or intra-agency memorandums or letters that would not be available by law to a party other than an agency in litigation with the agency. One of the central disagreements between the parties involves Defendants' invocation of the deliberative process privilege to justify their withholding of the records in dispute, in full or in part. Defendants have the burden to show that this privilege, and thus Exemption 5 applies, and Defendants submitted declarations and a Vaughn Index in support of their motion. See 5 U.S.C. § 552(a)(4)(B); ECF No. 22-3. After briefing concluded, the D.C. Circuit issued two opinions that significantly clarify what an agency invoking the deliberative process privilege must show to meet its burden at summary judgment. In the first case, the Circuit explained that the "agency invoking the deliberative process privilege must show (1) what deliberative process is involved, and (2) the role played by the documents in issue in the course of that process." Jud. Watch, Inc. v. U.S. Dep't of Just. , 20 F.4th 49, 55 (D.C. Cir. 2021) (cleaned up). In addition, it "should also explain (3) the nature of the decisionmaking authority vested in the officer or person issuing the disputed document, and (4) the relative positions in the agency's chain of command occupied by the document's author and recipient." Id. (cleaned up). In the second case, the Circuit held that, with respect to an agency's explanation of foreseeable harm, "what is needed is a focused and concrete demonstration of why disclosure of the particular type of material at issue will, in the specific context of the agency action at issue, actually impede those same agency deliberations going forward." Reps. Comm. for Freedom of the Press v. FBI , 3 F.4th 350, 370 (D.C. Cir. 2021). Moreover, it pronounced that a "boilerplate, unparticularized, and hypothesized assertion of harm" was "insufficient." Id. The recently-decided cases bear directly on a dispute between the parties relevant to almost all the records at issue: the required level of specificity Defendants must provide about the deliberative process affected and the foreseeable harm in disclosure. In fact, Defendants specifically argue that with respect to foreseeable harm, they may "aver[] that release of the information at issue would chill future discussions" and that "[n]o greater detail is required." ECF No. 28 at 18. Thus, upon the Court's review of the parties' briefing, Defendants' declarations and Vaughn index, and these recently-decided D.C. Circuit cases, it is hereby ORDERED that the parties' 22 24 motions for summary judgment are DENIED WITHOUT PREJUDICE. It is further ORDERED that by April 29, 2022, the parties shall meet and confer and file a joint status report regarding how they wish to proceed, including, if appropriate, a proposed schedule for renewed briefing or disclosure. Signed by Judge Timothy J. Kelly on 3/29/2022. (lctjk3) (Entered: 03/29/2022) |
| 2022-04-29 | 35 | Joint STATUS REPORT by U.S. BUREAU OF LAND MANAGEMENT, U.S. DEPARTMENT OF AGRICULTURE, U.S. DEPARTMENT OF THE INTERIOR, U.S. FOREST SERVICE. (Duffey, Thomas) (Entered: 04/29/2022) |
| 2022-05-03 | | MINUTE ORDER: In light of the parties' 35 Joint Status Report, it is hereby ORDERED that the parties shall file a further joint status report by June 29, 2022, unless a stipulation of dismissal is filed before that time. Signed by Judge Timothy J. Kelly on 5/3/2022. (lctjk3) (Entered: 05/03/2022) |
| 2022-06-29 | 36 | Joint STATUS REPORT by U.S. BUREAU OF LAND MANAGEMENT, U.S. DEPARTMENT OF AGRICULTURE, U.S. DEPARTMENT OF THE INTERIOR, U.S. FOREST SERVICE. (Duffey, Thomas) (Entered: 06/29/2022) |
| 2022-06-30 | | MINUTE ORDER: Upon consideration of the parties' 36 Joint Status Report, it is hereby ORDERED that the parties shall file a further joint status report by July 29, 2022, including, if necessary, a proposed briefing schedule on attorney's fees, unless a stipulation of dismissal is filed before that time. Signed by Judge Timothy J. Kelly on 6/30/2022. (lctjk3) (Entered: 06/30/2022) |
| 2022-07-29 | 37 | Joint STATUS REPORT by U.S. BUREAU OF LAND MANAGEMENT, U.S. DEPARTMENT OF AGRICULTURE, U.S. DEPARTMENT OF THE INTERIOR, U.S. FOREST SERVICE. (Duffey, Thomas) (Entered: 07/29/2022) |
| 2022-08-01 | | MINUTE ORDER: Upon consideration of the parties' 37 Joint Status Report, it is hereby ORDERED that the parties shall file a further joint status report by August 29, 2022, including, if necessary, a proposed briefing schedule on attorney's fees, unless a stipulation of dismissal is filed before that time. Signed by Judge Timothy J. Kelly on 8/1/2022. (lctjk3) (Entered: 08/01/2022) |
| 2022-08-29 | 38 | Joint STATUS REPORT by U.S. BUREAU OF LAND MANAGEMENT, U.S. DEPARTMENT OF AGRICULTURE, U.S. DEPARTMENT OF THE INTERIOR, U.S. FOREST SERVICE. (Duffey, Thomas) (Entered: 08/29/2022) |
| 2022-08-30 | | MINUTE ORDER: Upon consideration of the parties' 38 Joint Status Report, it is hereby ORDERED that the parties shall file a further joint status report by September 29, 2022, unless a stipulation of dismissal is filed before that time. Signed by Judge Timothy J. Kelly on 8/30/2022. (lctjk3) (Entered: 08/30/2022) |
| 2022-09-28 | 39 | SETTLEMENT AGREEMENT by U.S. BUREAU OF LAND MANAGEMENT, U.S. DEPARTMENT OF AGRICULTURE, U.S. DEPARTMENT OF THE INTERIOR, U.S. FOREST SERVICE. (Duffey, Thomas); Modified text and docketing event on 9/29/2022 (ztth). (Entered: 09/28/2022) |
| 2022-09-28 | 40 | STIPULATION of Dismissal by U.S. BUREAU OF LAND MANAGEMENT, U.S. DEPARTMENT OF AGRICULTURE, U.S. DEPARTMENT OF THE INTERIOR, U.S. FOREST SERVICE. (Duffey, Thomas) (Entered: 09/28/2022) |
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