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Case TitleCenter for Biological Diversity et al v. U.S. Bureau of Land Management et al
DistrictDistrict of Arizona
CityTucson Division
Case Number4:2021cv00411
Date Filed2021-10-07
Date Closed2022-09-12
JudgeJudge Rosemary Marquez
PlaintiffCenter for Biological Diversity
PlaintiffMaricopa Audubon Society
Case DescriptionThe Center for Biological Diversity submitted two FOIA requests to the Bureau of Land Management for records concerning wildlife management in the Gila Box RNCA. The second FOIA request asked for records concerning wildlife management in the Bonita Creek Allotment, which is within the Gila Box RNCA. After hearing nothing further from the agency, CBD filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Attorney's fees

DefendantU.S. Bureau of Land Management
DefendantUnited States Bureau of Land Management
DefendantU.S. Fish and Wildlife Service
DefendantUnited States Fish and Wildlife Service
DefendantMenges Ranches LLC
DefendantArizona Cattle Growers Association
Documents
Docket
Complaint
Complaint attachment 1
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2021-10-071COMPLAINT. Filing fee received: $ 402.00, receipt number 0970-19944187 filed by Maricopa Audubon Society, Center for Biological Diversity. (Fink, Marc) (Attachments: # 1 Civil Cover Sheet)(SCA) (Entered: 10/07/2021)
2021-10-072Corporate Disclosure Statement by Center for Biological Diversity. (Fink, Marc) (SCA) (Entered: 10/07/2021)
2021-10-073Corporate Disclosure Statement by Maricopa Audubon Society. (Fink, Marc) (SCA) (Entered: 10/07/2021)
2021-10-074SUMMONS Submitted by Center for Biological Diversity, Maricopa Audubon Society. (Fink, Marc) (Attachments: # 1 Summons)(SCA) (Entered: 10/07/2021)
2021-10-075Filing fee paid, receipt number 0970-19944187. This case has been assigned to the Honorable D. Thomas Ferrero. All future pleadings or documents should bear the correct case number: CV-21-00411-TUC-DTF. Magistrate Election form attached. (SCA) (Entered: 10/07/2021)
2021-10-076Summons Issued as to U.S. Bureau of Land Management, U.S. Fish and Wildlife Service. (Attachments: # 1 Summons)(SCA). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document. (Entered: 10/07/2021)
2021-10-08Remark: Pro hac vice motion(s) granted for Marc D Fink on behalf of Plaintiffs Center for Biological Diversity, Maricopa Audubon Society. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) (Entered: 10/08/2021)
2021-10-13Remark: Pro hac vice motion(s) granted for Brian Segee on behalf of Plaintiffs Center for Biological Diversity, Maricopa Audubon Society. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) (Entered: 10/13/2021)
2021-10-138Agreement to Magistrate Judge Jurisdiction. Party agrees to Magistrate Judge Jurisdiction. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (DLC) (Entered: 10/14/2021)
2021-10-279NOTICE of Filing Amended Pleading pursuant to LRCiv 15.1(b) by Center for Biological Diversity, Maricopa Audubon Society . (Attachments: # 1 Attachment)(Fink, Marc) (Entered: 10/27/2021)
2021-10-2710AMENDED COMPLAINT against United States Bureau of Land Management, United States Fish and Wildlife Service filed by Maricopa Audubon Society, Center for Biological Diversity.(Fink, Marc) (Entered: 10/27/2021)
2021-11-1911VACATED BY ORDER DOC. 13 ---SCHEDULING ORDER: It is ordered that defendant shall serve an answer or otherwise plead within thirty (30) days after service, unless the Court otherwise directs for good cause shown. It is further ordered that the deadline for filing dispositive motions is six (6) months from the date the case is filed. Failure to file such a motion shall result in dismissal for lack of prosecution. It is further ordered that Plaintiff shall serve Defendant with a copy of this Order. Signed by Magistrate Judge D Thomas Ferraro on 11/18/2021. (ARC) Modified on 12/3/2021 (JAM). (Entered: 11/19/2021)
2021-12-0212*First MOTION to Vacate 11 Scheduling Order and Extend Deadline to Respond to Plaintiffs' Amended Complaint (Unopposed) by United States Bureau of Land Management, United States Fish and Wildlife Service. (Attachments: # 1 Proposed Order)(Kroeger, Melissa). * Modified to add MOTION for Extension of Time to File Answer on 12/3/2021 (JAM). (Entered: 12/02/2021)
2021-12-0313ORDER that Defendants' unopposed motion (Doc. 12 ) is GRANTED. It is further ORDERED that the Court's November 19, 2021, scheduling order (Doc. 11 ) is VACATED. Defendants shall have until on or before January 12, 2022, to file their responsive pleading(s).. Signed by Magistrate Judge D Thomas Ferraro on 12/2/21. (JAM) (Entered: 12/03/2021)
2021-12-0314Magistrate Election Form Deadline. (DLC) (Entered: 12/03/2021)
2021-12-0315*Entry made in incorrect case; all associated text has been removed on 12/3/2021 (DLC). (Entered: 12/03/2021)
2021-12-0616MOTION to Intervene as defendants with respect to Plaintiffs' First Claim for Relief by Menges Ranches LLC, Arizona Cattle Growers Association. (Attachments: # 1 Exhibit Declaration of Jeffrey Menges, # 2 Proposed Order Order)(James, Norman) (Entered: 12/06/2021)
2021-12-0617FILED AT DOCS. 26 and 27 PURSUANT TO ORDER DOC. 25 ---LODGED Proposed Document Intervenors-Defendants' ANSWER to 10 Amended Complaint by Arizona Cattle Growers Association, Menges Ranches LLC. (Attachments: # 1 Attachment Corporate Disclosure Statement)(James, Norman) *Modified to add Lodged Proposed Document on 1/12/2022 (JAM). Modified on 1/12/2022 (JAM). (Entered: 12/06/2021)
2021-12-2218Magistrate Election form resent and deadline reset (x2). (DLC) (Entered: 12/22/2021)
2021-12-2219Magistrate Election Form Deadline. (DLC) (Entered: 12/22/2021)
2022-01-0620Magistrate Election Form resent and deadline reset (x3). (DLC) (Entered: 01/06/2022)
2022-01-0621Magistrate Election Form resent and deadline reset (x2). (DLC) (Entered: 01/06/2022)
2022-01-1122*Second MOTION for Extension of Time to File Answer re: 10 Amended Complaint (Unopposed) by United States Bureau of Land Management, United States Fish and Wildlife Service. (Attachments: # 1 Proposed Order)(Kroeger, Melissa) *Modified to correct linkage on 1/12/2022 (JAM). (Entered: 01/11/2022)
2022-01-1123ORDER granting 22 Motion for Extension of Time to Answer. Defendants shall file their responsive pleading on or before 3/14/22, and shall return the Magistrate Consent Form at least 2 days prior to any stipulation or responsive pleading. Signed by Magistrate Judge D Thomas Ferraro on 1/11/22. (JAM) (Entered: 01/11/2022)
2022-01-1224REQUEST re: on Motion to Intervene and Proposed Order by Intervenor Defendants Arizona Cattle Growers Association, Menges Ranches LLC. (Attachments: # 1 Proposed Order Exhibit A)(James, Norman) (Entered: 01/12/2022)
2022-01-1225ORDER granting 16 Motion to Intervene as Defendants. The Clerk's Office is hereby DIRECTED to docket the lodged proposed Intervenors-Defendants' Answer to Amended Complaint (Doc. 17 ). Signed by Magistrate Judge D Thomas Ferraro on 1/12/22. (See attached Order for complete details) (JAM) (Entered: 01/12/2022)
2022-01-1226ANSWER to 10 Amended Complaint by Arizona Cattle Growers Association, Menges Ranches LLC. (JAM) (Entered: 01/12/2022)
2022-01-1227Corporate Disclosure Statement by Arizona Cattle Growers Association, Menges Ranches LLC. (JAM) (Entered: 01/12/2022)
2022-01-1229Agreement to Magistrate Judge Jurisdiction. Party agrees to Magistrate Judge Jurisdiction. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (DLC) (Entered: 01/13/2022)
2022-01-2430ORDER TO SHOW CAUSE for failure to comply with LRCiv 3.7(b). Show Cause Hearing set for 3/1/2022 at 11:30 AM before Senior Judge Raner C Collins. (Attachments: # 1 Consent)(DLC) (Entered: 01/24/2022)
2022-01-3131SERVICE EXECUTED filed by Center for Biological Diversity, Maricopa Audubon Society: Proof of Service re: Complaint, Summons, Civil Cover Sheet, Corporate Disclosure Statements, Court Consent to Magistrate Judge Form upon Bureau of Land Management, U.S. Fish and Wildlife Service, U.S. Attorney General, and U.S. Attorney's Office on October 15, 2021. (Fink, Marc) (Entered: 01/31/2022)
2022-02-2533Party Elects Assignment of Case to District Judge Jurisdiction. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (DLC) (Entered: 02/28/2022)
2022-02-2834MINUTE ORDER: Pursuant to Local Rule 3.7(b), a request has been received for a random reassignment of this case to a District Judge. IT IS ORDERED this case is reassigned by random draw to District Judge Rosemary Marquez. All further pleadings/papers should now list the following COMPLETE case number: CV-21-411-TUC-RM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (DLC) (Entered: 02/28/2022)
2022-02-2835IT IS ORDERED Pursuant to the parties compliance with Local Rule 3.7(b); IT IS ORDERED the Show Cause Hearing, presently set for 3/1/22 at 11:30 a.m. before Judge Collins is VACATED. Ordered by Senior Judge Raner C Collins. (ABU)( This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry.) (Entered: 02/28/2022)
2022-03-0136ORDER REFERRING CASE to Magistrate Judge D. Thomas Ferraro for all pretrial proceedings and report and recommendation, in accordance with the provisions of 28 U.S.C. § 636(b)(1) and LRCiv. 72.1 and 72.2. All future filings in this case shall be designated: CV-21-00411-TUC-RM (DTF). Signed by Judge Rosemary Marquez on 2/28/22. (JAM) (Entered: 03/01/2022)
2022-03-1437Third MOTION for Extension of Time to File Answer by United States Bureau of Land Management, United States Fish and Wildlife Service. (Attachments: # 1 Proposed Order)(Kroeger, Melissa) (Entered: 03/14/2022)
2022-03-1538ORDERED that Defendants' motion (Doc. 37 ) is GRANTED. Accordingly, Defendants shall file their responsive pleading on or before May 13, 2022. Signed by Magistrate Judge D Thomas Ferraro on 3/14/2022. (ARC) (Entered: 03/15/2022)
2022-05-0339NOTICE of Appearance by Nicole Marie Smith on behalf of United States Bureau of Land Management, United States Fish and Wildlife Service. (Smith, Nicole) (Entered: 05/03/2022)
2022-05-0340Fourth MOTION for Extension of Time to File Answer re: 10 Amended Complaint by United States Bureau of Land Management, United States Fish and Wildlife Service. (Attachments: # 1 Proposed Order)(Smith, Nicole) (Entered: 05/03/2022)
2022-05-0441ORDER: IT IS HEREBY ORDERED that Defendants' motion (Doc. 40 ) is GRANTED. Accordingly, Defendants shall file their responsive pleading on or before July 12, 2022.Signed by Magistrate Judge D Thomas Ferraro on 05/03/2022. (SCA) (Entered: 05/04/2022)
2022-07-0642Fifth MOTION for Extension of Time to File Answer re: 10 Amended Complaint by United States Bureau of Land Management, United States Fish and Wildlife Service. (Attachments: # 1 Proposed Order)(Smith, Nicole) (Entered: 07/06/2022)
2022-07-1143ORDERED that the Federal Defendants' Motion (Doc. 42 ) is GRANTED and the deadline to respond to Plaintiffs' Amended Complaint is extended to Thursday, August 11, 2022. Signed by Magistrate Judge D Thomas Ferraro on 7/11/2022. (ARC) (Entered: 07/11/2022)
2022-08-1144Joint MOTION Enter Stipulated Settlement Agreement and to Dismiss re: 10 Amended Complaint by United States Bureau of Land Management, United States Fish and Wildlife Service. (Attachments: # 1 Attachment Stipulated Settlement Agreement, # 2 Proposed Order)(Smith, Nicole) (Entered: 08/11/2022)
2022-09-1245ORDER granting 44 Joint Motion to Enter Stipulated Settlement Agreement and to Dismiss. This action is dismissed without prejudice pursuant to the terms of the parties' Stipulated Settlement Agreement. The Clerk of Court is directed to close this case. The terms of the Settlement Agreement are incorporated herein. Signed by Judge Rosemary Marquez on 9/9/22. (See attached Order for complete details) (JAM) (Entered: 09/12/2022)
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by FOIA Project Staff
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