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Case TitleSave the Yellowstone Grizzly v. United States Department of Interior, Fish and Wildlife Service
DistrictDistrict of Montana
CityMissoula
Case Number9:2022cv00184
Date Filed2022-11-16
Date Closed2024-03-29
JudgeMagistrate Judge Kathleen L. DeSoto
PlaintiffSave the Yellowstone Grizzly a Montana Non-Profit Corporation
Case DescriptionSave the Yellowstone Grizzly submitted a FOIA request to the Department of Interior for records concerning five incidents involving the killing or relocation of grizzly bears. SYG also requested a fee waiver. The agency acknowledged receipt of the request. The agency granted SYG's request for a fee waiver. However, after hearing nothing further from the agency, SYG filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantUnited States Department of Interior, Fish and Wildlife Service
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Opinion/Order [2]
Opinion/Order [26]
Opinion/Order [38]
Opinion/Order [39]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2022-11-161COMPLAINT against United States Department of Interior, Fish and Wildlife Service, filed by Save the Yellowstone Grizzly. (Attachments: # 1 Exhibit 1-8, # 2 Civil Cover Sheet) (KJL) (Entered: 11/17/2022)
2022-11-16Filing fee: $ 402, receipt number AMTDC-2969931 (KJL) (Entered: 11/17/2022)
2022-11-232ORDER setting Case Management Plan deadline. Signed by Magistrate Judge Kathleen L. DeSoto on 11/23/2022. (APP) (Entered: 11/23/2022)
2022-11-303Corporate Disclosure Statement by Save the Yellowstone Grizzly. (Coppes, Graham) (Entered: 11/30/2022)
2022-12-094Summons Issued as to United States Department of Interior, Fish and Wildlife Service. Issued summons may be downloaded and printed by counsel for service. (SGN) (Entered: 12/09/2022)
2022-12-095Proof of Service filed by Save the Yellowstone Grizzly. Service by Summons in a Civil Action on 12/9/2022. (Coppes, Graham) (Entered: 12/09/2022)
2022-12-226NOTICE of Appearance by John M. Newman on behalf of United States Department of Interior, Fish and Wildlife Service (Newman, John) (Entered: 12/22/2022)
2022-12-237Service of Consent to Magistrate Judge as Presiding Judge form. Consent/Objection to USMJ Form due by 1/6/2023. (APP) (Entered: 12/23/2022)
2022-12-238Proof of Service filed by Save the Yellowstone Grizzly. Service by Proof of Service of Order on 12/23/2022. (Attachments: # 1 Order 11.23.2022, # 2 Notice of Appearance 12.22.2022) (Coppes, Graham) (Entered: 12/23/2022)
2022-12-239Individual Party Consent to Jurisdiction by U.S. Magistrate Judge. (Entered: 12/23/2022)
2023-01-0410Individual Party Consent to Jurisdiction by U.S. Magistrate Judge. (Entered: 01/04/2023)
2023-01-0511Clerk's Notice Upon Consent to USMJ Pursuant to L.R. 73.1 and consent of the parties having been made, this case is assigned to the United States magistrate judge to conduct all further proceedings, enter judgment and conduct all post-trial proceedings. Case reassigned to Magistrate Judge Kathleen L. DeSoto. (APP) (Entered: 01/05/2023)
2023-01-1312Unopposed MOTION for Extension of Time to File Answer re 1 Complaint , Unopposed MOTION to Vacate 2 Order John M. Newman appearing for Defendant United States Department of Interior, Fish and Wildlife Service (Attachments: # 1 Text of Proposed Order) (Newman, John) (Entered: 01/13/2023)
2023-01-1313ORDER granting 12 Motion for Extension of Time to Answer re 12 Unopposed MOTION for Extension of Time to File Answer re 1 Complaint Unopposed MOTION to Vacate 2 Order United States Department of Interior, Fish and Wildlife Service answer due 2/17/2023.; granting 12 Motion to Vacate 12 Unopposed MOTION for Extension of Time to File Answer re 1 Complaint Unopposed MOTION to Vacate 2 Order Signed by Magistrate Judge Kathleen L. DeSoto on 1/13/2023. (TXB) (Entered: 01/13/2023)
2023-03-2414STATUS REPORT ORDER Status Report due by 3/31/2023.. Signed by Magistrate Judge Kathleen L. DeSoto on 3/24/2023. (TXB) (Entered: 03/24/2023)
2023-03-3115STATUS REPORT by United States Department of Interior, Fish and Wildlife Service. (Newman, John) (Entered: 03/31/2023)
2023-04-0316STATUS REPORT ORDER Status Report due by 5/19/2023.. Signed by Magistrate Judge Kathleen L. DeSoto on 4/3/2023. (TXB) (Entered: 04/03/2023)
2023-04-19Terminate Deadlines and Hearings. (APP) (Entered: 04/19/2023)
2023-05-1917STATUS REPORT by United States Department of Interior, Fish and Wildlife Service. (Newman, John) (Entered: 05/19/2023)
2023-05-2318Order Setting: Status Report due by 6/30/2023. Signed by Magistrate Judge Kathleen L. DeSoto on 5/23/2023. (APP) (Entered: 05/23/2023)
2023-06-3019STATUS REPORT Third Status Report by United States Department of Interior, Fish and Wildlife Service. (Newman, John) (Entered: 06/30/2023)
2023-07-0620STATUS REPORT ORDER Status Report due by 8/1/2023.. Signed by Magistrate Judge Kathleen L. DeSoto on 7/6/2023. (TXB) (Entered: 07/06/2023)
2023-08-0121STATUS REPORT by Save the Yellowstone Grizzly. (Coppes, Graham) (Entered: 08/01/2023)
2023-08-0722STATUS REPORT ORDER Status Report due by 8/15/2023.. Signed by Magistrate Judge Kathleen L. DeSoto on 8/7/2023. (TXB) (Entered: 08/07/2023)
2023-08-1523STATUS REPORT by Save the Yellowstone Grizzly. (Brister, Daniel) (Entered: 08/15/2023)
2023-08-1624Order Setting: Status Report due by 9/12/2023. Signed by Magistrate Judge Kathleen L. DeSoto on 8/16/2023. (APP) (Entered: 08/16/2023)
2023-09-1325STATUS REPORT by Save the Yellowstone Grizzly. (Coppes, Graham) (Entered: 09/13/2023)
2023-09-1326ORDER - Opening Brief due by 10/24/2023, Responses due by 11/7/2023, Replies due by 11/21/2023. Signed by Magistrate Judge Kathleen L. DeSoto on 9/13/2023. (APP) (Entered: 09/13/2023)
2023-10-2427Unopposed MOTION for Extension of Time to File briefing on fees . John M. Newman appearing for Defendant United States Department of Interior, Fish and Wildlife Service. (Attachments: # 1 Text of Proposed Order) (Newman, John) (Entered: 10/24/2023)
2023-10-2428ORDER granting 27 Motion for Extension of Time to File. The briefing deadlines set forth in the Courts September 13, 2023 order Doc. 26 are VACATED. The government must file a notice of settlement or an updated status report to the Court by December 8, 2023. Signed by Magistrate Judge Kathleen L. DeSoto on 10/24/2023. (SGN) (Entered: 10/24/2023)
2023-10-25Terminate Deadlines and Hearings-Opening Brief 10/24/2023. (APP) (Entered: 10/25/2023)
2023-12-2229Order Setting: Status Conference set VIA ZOOM for 1/2/2024 at 01:30 PM in Missoula, MT before Magistrate Judge Kathleen L. DeSoto. Signed by Magistrate Judge Kathleen L. DeSoto on 12/22/2023. (APP) Zoom info emailed to counsel (Entered: 12/22/2023)
2023-12-2230Unopposed MOTION for Extension of Time to File Notice of Settlement or Status Report . John M. Newman appearing for Defendant United States Department of Interior, Fish and Wildlife Service. (Attachments: # 1 Text of Proposed Order) (Newman, John) (Entered: 12/22/2023)
2023-12-2731TEXT Order granting 30 Motion for Extension of Time and setting Status Report due by 1/31/2024. The status conference for 1/2/24 is vacated. Signed by Magistrate Judge Kathleen L. DeSoto on 12/27/2023. (APP) (Entered: 12/27/2023)
2023-12-27Terminate Deadlines and Hearings-Status Conference 01/02/2024 (APP) (Entered: 12/27/2023)
2024-02-0532Order Setting: Zoom Status Conference set for 2/9/2024 at 01:30 PM in Missoula, MT before Magistrate Judge Kathleen L. DeSoto.. Signed by Magistrate Judge Kathleen L. DeSoto on 2/5/2024. (TXB) Modified on 2/5/2024 Zoom info emailed to parties (APP). (Entered: 02/05/2024)
2024-02-0933Minute Entry for proceedings held before Magistrate Judge Kathleen L. DeSoto: Status Conference held on 2/9/2024 via Zoom. Counsel Daniel Brister appeared on behalf of the plaintiff, AUSA John Newman appeared on behalf of defendant; status report due by 3/8/24. Written order to follow. (Hearing held in Missoula) (SGN) (Entered: 02/09/2024)
2024-02-0934STATUS REPORT ORDER Status Report due by 3/8/2024.. Signed by Magistrate Judge Kathleen L. DeSoto on 2/9/2024. (TXB) (Entered: 02/09/2024)
2024-03-0835Unopposed MOTION for Extension of Time to File and Status Report . John M. Newman appearing for Defendant United States Department of Interior, Fish and Wildlife Service. (Attachments: # 1 Text of Proposed Order) (Newman, John) (Entered: 03/08/2024)
2024-03-1136Order Setting: Dismissal Papers due by 3/31/2024 or Status Report due by 3/31/2024. Signed by Magistrate Judge Kathleen L. DeSoto on 3/11/2024. (APP) (Entered: 03/11/2024)
2024-03-2937SETTLEMENT AGREEMENT by United States Department of Interior, Fish and Wildlife Service. (Attachments: # 1 Text of Proposed Order) (Newman, John) (Entered: 03/29/2024)
2024-03-2938ORDER DISMISSING CASE WITH PREJUDICE, pursuant to the parties Stipulated Fee Settlement Agreement (Doc. 37). The Clerk of Court is directed to close the case. Signed by Magistrate Judge Kathleen L. DeSoto on 3/29/2024. (APP) (Entered: 03/29/2024)
2024-03-2939CLERK'S JUDGMENT (APP) (Entered: 03/29/2024)
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