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Case TitleTransWest Express LLC v. Natural Resources Conservation Service
DistrictDistrict of Colorado
CityDenver
Case Number1:2021cv01909
Date Filed2021-07-14
Date Closed2022-04-08
JudgeJudge Raymond P. Moore
PlaintiffTransWest Express LLC a Delaware limited liability company
Case DescriptionTransWest Express submitted a FOIA request to Natural Resources Conservation Service for records concerning communications between agency employees and third parties pertaining to the TransWest Express Transmission Project. The agency acknowledged receipt of the request but after hearing nothing further from the agency, TransWest Express filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantNatural Resources Conservation Service an agency of the United States Department of Agriculture
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2021-07-141COMPLAINT against Natural Resources Conservation Service (Filing fee $ 402,Receipt Number 1082-7959200)Attorney John Frederic Shepherd added to party TransWest Express LLC(pty:pla), filed by TransWest Express LLC. (Attachments: # 1 Exhibit A - 5/7/21 FOIA Request, # 2 Exhibit B - Email Response to Update of FOIA Request, # 3 Civil Cover Sheet, # 4 Summons for NRCS, # 5 Summons for Attorney General of the United States, # 6 Summons for Acting U.S. Attorney for the District of Colorado)(Shepherd, John) (Entered: 07/14/2021)
2021-07-142Case assigned to Judge Raymond P. Moore and drawn to Magistrate Judge Scott T. Varholak. Text Only Entry (cpomm, ) (Entered: 07/14/2021)
2021-07-143SUMMONS issued by Clerk. (Attachments: # 1 Magistrate Judge Consent Form) (cpomm, ) (Entered: 07/14/2021)
2021-07-164ORDER REFERRING CASE to Magistrate Judge Scott T. Varholak. Pursuant to 28 U.S.C. § 636(b)(1)(A) and (B) and Fed. R. Civ. P. 72(a) and (b), this case is referred to the assigned United States Magistrate Judge to (1) convene a scheduling conference under Fed. R. Civ. P. 16(b) and enter a scheduling order meeting the requirements of D.C.COLO.LCivR 16.2, (2) conduct such status conferences and issue such orders necessary for compliance with the scheduling order, including amendments or modifications of the scheduling order upon a showing of good cause, (3) hear and determine pretrial matters, including discovery and other non-dispositive motions, (4) conduct a pretrial conference and enter a pretrial order, and (5) conduct hearings, including evidentiary hearings, and submit proposed findings of fact and recommendations for rulings on dispositive motions. Court sponsored alternative dispute resolution is governed by D.C.COLO.LCivR 16.6. On the recommendation or informal request of the magistrate judge or on the request of the parties by motion, this court may direct the parties to engage in an early neutral evaluation, a settlement conference, or another alternative dispute resolution proceeding. By Judge Raymond P. Moore on 7/16/2021. (Text Only Entry) (rmsec ) (Entered: 07/16/2021)
2021-07-165MINUTE ORDER: With the assignment of this matter, the parties are advised that throughout this case they are expected to be familiar and comply with not only the Local Rules of this District, but also Judge Raymond P. Moore's Civil Practice Standards, which may be found at: http://www.cod.uscourts.gov/JudicialOfficers/ActiveArticleIIIJudges/HonRaymondPMoore.aspx. SO ORDERED by Judge Raymond P. Moore on 7/16/2021. (Text Only Entry) (rmsec ) (Entered: 07/16/2021)
2021-07-166ORDER Setting Scheduling Conference for 8/16/2021 11:00 AM in Courtroom A 402 before Magistrate Judge Scott T. Varholak. Proposed Scheduling Order due 9/9/2021, by Magistrate Judge Scott T. Varholak on 7/16/2021. (jgonz, ) (Entered: 07/19/2021)
2021-07-217CORPORATE DISCLOSURE STATEMENT identifying Corporate Parent The Anschutz Corporation for TransWest Express LLC. (Shepherd, John) (Entered: 07/21/2021)
2021-08-058MINUTE ORDER It has come to the Court's attention that the date of the Scheduling Conference in the text entry for 6 Order is different than the date set in the document order attached to 6 . Accordingly, the Court provides this clarification: The Scheduling Conference for this matter is set for September 16, 2021 at 11:00 am in Courtroom A-402 before Magistrate Judge Scott T. Varholak. The Proposed Scheduling Order is due September 9, 2021. SO ORDERED, by Magistrate Judge Scott T. Varholak on 8/5/2021. Text Only Entry (stvlc2, ) (Entered: 08/05/2021)
2021-08-119SUMMONS Returned Executed upon defendant(s) Natural Resources Conservation Service served on 7/24/2021, answer due 9/22/2021. (Attachments: # 1 Continuation of Main Document Proof of Service on Matthew T. Kirsch, Acting U.S. Attorney for District of Colorado, # 2 Continuation of Main Document Proof of Service on Merrick Garland, Attorney General of the United States)(Shepherd, John) (Entered: 08/11/2021)
2021-08-1810NOTICE of Entry of Appearance by Nicholas Albert Deuschle on behalf of Natural Resources Conservation ServiceAttorney Nicholas Albert Deuschle added to party Natural Resources Conservation Service(pty:dft) (Deuschle, Nicholas) (Entered: 08/18/2021)
2021-08-1811STIPULATION for Extension of Time to Answer or Respond to the Complaint by Defendant Natural Resources Conservation Service. Natural Resources Conservation Service answer due 9/20/2021. (Deuschle, Nicholas) (Entered: 08/18/2021)
2021-08-1812Unopposed MOTION to Vacate 6 Order Setting Scheduling Conference by Defendant Natural Resources Conservation Service. (Deuschle, Nicholas) (Entered: 08/18/2021)
2021-08-1913MEMORANDUM regarding 12 Unopposed MOTION to Vacate 6 Order Setting Scheduling Conference filed by Natural Resources Conservation Service. Motion referred to Magistrate Judge Scott T. Varholak. By Judge Raymond P. Moore on 8/19/2021. (Text Only Entry) (rmsec ) (Entered: 08/19/2021)
2021-08-2014ORDER granting 12 Motion to Vacate. The Scheduling Conference set for 9/16/2021 and all associated deadlines are VACATED. The parties shall jointly file a status report regarding settlement and the need for a scheduling conference on or before 9/16/2021. SO ORDERED, by Magistrate Judge Scott T. Varholak on 8/20/2021. Text Only Entry(stvlc2, ) (Entered: 08/20/2021)
2021-09-1615Joint STATUS REPORT by Defendant Natural Resources Conservation Service. (Deuschle, Nicholas) (Entered: 09/16/2021)
2021-09-1616Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond re 1 Complaint,, by Defendant Natural Resources Conservation Service. (Deuschle, Nicholas) (Entered: 09/16/2021)
2021-09-1617MEMORANDUM regarding 16 Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond re 1 Complaint,, filed by Natural Resources Conservation Service. Motion referred to Magistrate Judge Scott T. Varholak. By Judge Raymond P. Moore on 9/16/2021. (Text Only Entry) (rmsec) (Entered: 09/16/2021)
2021-09-1618ORDER granting 16 Motion for Extension of Time to Answer or Otherwise Respond. Defendant Natural Resources Conservation Service answer due 10/20/2021. The parties shall file a status report regarding settlement and scheduling on or before 10/15/2021. SO ORDERED, by Magistrate Judge Scott T. Varholak on 9/16/2021. Text Only Entry(stvlc2, ) (Entered: 09/16/2021)
2021-10-1519Joint STATUS REPORT by Defendant Natural Resources Conservation Service. (Deuschle, Nicholas) (Entered: 10/15/2021)
2021-10-1820MINUTE ORDER In light of 19 Status Report, the parties shall file a further status report regarding settlement and scheduling on or before 11/15/2021. Defendant shall file any Motion for Extension of Time to Answer on or before 10/19/2021. SO ORDERED, by Magistrate Judge Scott T. Varholak on 10/18/2021. Text Only Entry (stvlc2, ) (Entered: 10/18/2021)
2021-10-1921Joint MOTION for Extension of Time to File Answer or Otherwise Respond re 1 Complaint,, by Defendant Natural Resources Conservation Service. (Deuschle, Nicholas) (Entered: 10/19/2021)
2021-10-2022MEMORANDUM regarding 21 Joint MOTION for Extension of Time to File Answer or Otherwise Respond re 1 Complaint,, filed by Natural Resources Conservation Service. Motion referred to Magistrate Judge Scott T. Varholak. By Judge Raymond P. Moore on 10/19/2021. (Text Only Entry) (rmsec ) (Entered: 10/20/2021)
2021-10-2023ORDER granting 21 Motion for Extension of Time to Answer or Otherwise Respond. Defendant Natural Resources Conservation Service answer due 12/20/2021. SO ORDERED, by Magistrate Judge Scott T. Varholak on 10/20/2021. Text Only Entry(stvlc2, ) (Entered: 10/20/2021)
2021-11-1524Joint STATUS REPORT by Defendant Natural Resources Conservation Service. (Deuschle, Nicholas) (Entered: 11/15/2021)
2021-11-1525MINUTE ORDER In light of 24 Status Report, the parties shall file a further status report on or before 12/15/2021. SO ORDERED, by Magistrate Judge Scott T. Varholak on 11/15/2021. Text Only Entry (stvlc2, ) (Entered: 11/15/2021)
2021-12-1526Joint STATUS REPORT by Defendant Natural Resources Conservation Service. (Deuschle, Nicholas) (Entered: 12/15/2021)
2021-12-1727MINUTE ORDER In light of 26 Status Report, the parties shall file a further status report on or before 1/15/2022. SO ORDERED, by Magistrate Judge Scott T. Varholak on 12/17/2021. Text Only Entry (stvlc2, ) (Entered: 12/17/2021)
2021-12-2028Joint MOTION for Extension of Time to File Answer or Otherwise Respond re 1 Complaint,, by Defendant Natural Resources Conservation Service. (Deuschle, Nicholas) (Entered: 12/20/2021)
2021-12-2029MEMORANDUM regarding 28 Joint MOTION for Extension of Time to File Answer or Otherwise Respond re 1 Complaint, filed by Natural Resources Conservation Service. Motion referred to Magistrate Judge Scott T. Varholak. By Judge Raymond P. Moore on 12/20/2021. (Text Only Entry) (rmsec ) (Entered: 12/20/2021)
2021-12-2030ORDER granting 28 Motion for Extension of Time to Answer or Otherwise Respond. Defendant Natural Resources Conservation Service answer due 2/18/2022. SO ORDERED, by Magistrate Judge Scott T. Varholak on 12/20/2021. Text Only Entry(stvlc2, ) (Entered: 12/20/2021)
2022-01-1431Joint STATUS REPORT by Defendant Natural Resources Conservation Service. (Deuschle, Nicholas) (Entered: 01/14/2022)
2022-01-1432MINUTE ORDER Further status report due on or before 2/18/2022. SO ORDERED, by Magistrate Judge Scott T. Varholak on 1/14/2022. Text Only Entry (stvlc2, ) (Entered: 01/14/2022)
2022-02-1833Joint STATUS REPORT by Defendant Natural Resources Conservation Service. (Deuschle, Nicholas) (Entered: 02/18/2022)
2022-02-1834Joint MOTION for Extension of Time to File Answer or Otherwise Respond re 1 Complaint,, by Defendant Natural Resources Conservation Service. (Deuschle, Nicholas) (Entered: 02/18/2022)
2022-02-2235MEMORANDUM regarding 34 Joint MOTION for Extension of Time to File Answer or Otherwise Respond re 1 Complaint,, filed by Natural Resources Conservation Service. Motion referred to Magistrate Judge Scott T. Varholak. By Judge Raymond P. Moore on 2/22/2022. (Text Only Entry) (rmsec ) (Entered: 02/22/2022)
2022-02-2236ORDER granting 34 Motion for Extension of Time to Answer or Otherwise Respond. Defendant Natural Resources Conservation Service answer due 4/19/2022. The parties shall, further, file a status report on or before 4/19/2022. SO ORDERED, by Magistrate Judge Scott T. Varholak on 2/22/2022. Text Only Entry(stvlc2, ) (Entered: 02/22/2022)
2022-04-0837STIPULATION of Dismissal of Case by Defendant Natural Resources Conservation Service. (Deuschle, Nicholas) (Entered: 04/08/2022)
2022-04-0838Civil Case Terminated pursuant to 37 STIPULATION of Dismissal filed in this case on 4/8/2022. Text Only Entry (angar, ) (Entered: 04/08/2022)
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