Case Detail

FOIA Project Annotation: A federal court in Colorado has ruled that the Department of Energy conducted an adequate search and properly withheld some records under Exemption 4 (confidential business information) and Exemption 5 (deliberative process privilege) concerning uranium mining leases. Although the agency admitted that it failed to respond to the request from the Information Network for Responsible Mining within the statute's time limits, the court initially dismissed INFORM's timeliness claim because the agency had eventually responded before the court ruled. The court also rejected INFORM's claim that the affidavit from the agency's FOIA officer in Washington was hearsay. The court pointed out that "the [agency] declaration describes what types of documents were withheld from each lease file found to contain responsive documents and the general nature of the information contained therein. It does not purport to introduce any statements from the withheld documents for the truth of the matters asserted." Under Exemption 4, the agency had withheld exploration and mining plans, quarterly reports, financial records, and royalty information. The court indicated that "no business owner would willingly disseminate the type of sensitive information sought here if it were readily available simply for the asking. To do so would potentially give competitors a potent weapon and an unfair advantage in any future bidding on the subject properties." INFORM argued that Exemption 5 did not apply because the contractors hired to manage the Uranium Leasing Program were not agency employees. The court noted that INFORM believed that "defendant is [mistakenly] asserting the deliberative process privilege as to communications with the operators of the lease. Instead, defendant's exemption 5 claims are invoked as to communications between DOE and three private contractors hired to assist the agency in managing the Uranium Leasing Program. As shown by [the agency] declaration, the contractors took direction from and their activities were dictated by the DOE. Broadly stated, their responsibilities were to review and make recommendations to defendant on activities related to the program. They had no authority to act independently of DOE's instructions." The court then found that "the documents represent the contractors' findings and recommendations regarding management of the subject leases." The court concluded that "there can be little question that documents of this nature are subject to the deliberative process privilege."
Issues: Adequacy - Search, Exemption 4 - Confidential business information, Exemption 5 - Privileges - Deliberative process privilege - Deliberative

Date Filed	Doc #	Docket Text
2006-11-13	1	COMPLAINT against United States Department of Energy ( Filing fee $ 350, Receipt Number E117535) Summons issued, filed by Information Network for Responsible Mining, Colorado Environmental Coalition. (Attachments: # 1 Civil Cover Sheet # 2 Receipt)(llr, ) (Entered: 11/14/2006)
2006-11-14	2	ORDER REFERRING CASE to Magistrate Judge Craig B Shaffer by Judge Blackburn.(rebcd) (Entered: 11/14/2006)
2006-11-24	3	ORDER, Set Hearings: Scheduling Conference set for 2/2/2007 10:45 AM in Courtroom A 402 before Magistrate Judge Craig B Shaffer. Signed by Magistrate Judge Craig B Shaffer on 11/24/06. (erv, ) (Entered: 11/24/2006)
2006-11-27	4	SUMMONS Returned Executed by all plaintiffs. United States Department of Energy served on 11/20/2006. (Stills, Travis) (Entered: 11/27/2006)
2006-12-19	5	MOTION for Extension of Time to File Answer re 1 Complaint, by Defendant United States Department of Energy. (Attachments: # 1 Proposed Order (PDF Only))(Johnson, Michael) (Entered: 12/19/2006)
2006-12-19	6	MEMORANDUM regarding 5 MOTION for Extension of Time to File Answer re 1 Complaint, filed by United States Department of Energy by Judge Robert E. Blackburn on 12/19/06. (Text Only Entry - No Document Attached)Motions referred to Magistrate Judge Craig B Shaffer (rebsec, ) (Entered: 12/19/2006)
2006-12-19	7	MINUTE ORDER re: 5 Dfts MOTION for Extension of Time to File Answer re 1 Complaint, filed by United States Department of Energy; Pla's deadline to respond to Dfts motion is on or before 12/29/06 by Magistrate Judge Craig B Shaffer on 12/19/06. (erv, ) (Entered: 12/19/2006)
2007-01-05	8	MINUTE ORDER granting 5 Dfts Motion for Extension of Time to Answer re 1 Complaint, by Magistrate Judge Craig B Shaffer on 1/5/07.(erv, ) (Entered: 01/08/2007)
2007-01-11	9	MOTION for Summary Judgment Pursuant to Fed.R.Civ.P. 56(a) by Plaintiffs Information Network for Responsible Mining, Colorado Environmental Coalition. (Attachments: # 1 Exhibit July 13, 2006 FOIA Request# 2 Exhibit July 20, 2006 DOE Acknowledgement# 3 Exhibit July 11, 2006 Department of Energy News)(Bartlett, Brad) (Entered: 01/11/2007)
2007-01-19	10	ANSWER to Complaint by United States Department of Energy.(Johnson, Michael) (Entered: 01/19/2007)
2007-01-24	11	Proposed Scheduling Order by Plaintiffs Information Network for Responsible Mining, Colorado Environmental Coalition, Defendant United States Department of Energy. (Stills, Travis) (Entered: 01/24/2007)
2007-01-31	12	MOTION to Stay Proceedings Pursuant to Open America v. Watergate Special Prosecution Force by Defendant United States Department of Energy. (Attachments: # 1 Exhibit A-1 -- Brennan Declaration)(Johnson, Michael) (Entered: 01/31/2007)
2007-01-31	13	BRIEF in Opposition re 9 MOTION for Summary Judgment Pursuant to Fed.R.Civ.P. 56(a) MOTION for Summary Judgment Pursuant to Fed.R.Civ.P. 56(a) filed by Defendant United States Department of Energy. (Johnson, Michael) (Entered: 01/31/2007)
2007-02-01	14	MEMORANDUM regarding 12 MOTION to Stay Proceedings Pursuant to Open America v. Watergate Special Prosecution Force filed by United States Department of Energy by Judge Robert E. Blackburn on 2/1/07. (Text Only Entry - No Document Attached)Motions referred to Magistrate Judge Craig B Shaffer (rebsec, ) (Entered: 02/01/2007)
2007-02-01	15	NOTICE re 12 MOTION to Stay Proceedings Pursuant to Open America v. Watergate Special Prosecution Force [Notice of Withdrawal of Motion and Notice of Intent to Refile Motion to Stay Proceedings] by Defendant United States Department of Energy (Johnson, Michael) (Entered: 02/01/2007)
2007-02-02	16	Minute Entry for proceedings held before Magistrate Judge Craig B Shaffer : Scheduling Conference held on 2/2/2007. Discovery is stayed pending a further Order of the Court. Telephonic Status Conference set for 3/12/2007 04:00 PM in Courtroom A 402 before Magistrate Judge Craig B Shaffer. (Court Reporter FTR Ben Van Dyke.) (erv, ) (Entered: 02/02/2007)
2007-02-05	17	MOTION to Stay Proceedings Pursuant to Open America v. Watergate Special Prosecution Force by Defendant United States Department of Energy. (Attachments: # 1 Exhibit A-1 (Declaration of Terrance Brennan))(Johnson, Michael) (Entered: 02/05/2007)
2007-02-06	18	MEMORANDUM regarding 17 MOTION to Stay Proceedings Pursuant to Open America v. Watergate Special Prosecution Force filed by United States Department of Energy by Judge Robert E. Blackburn on 2/6/07. (Text Only Entry - No Document Attached)Motions referred to Magistrate Judge Craig B Shaffer (rebsec, ) (Entered: 02/06/2007)
2007-02-20	19	REPLY to Response to Motion re 9 MOTION for Summary Judgment Pursuant to Fed.R.Civ.P. 56(a) MOTION for Summary Judgment Pursuant to Fed.R.Civ.P. 56(a) filed by Plaintiffs Information Network for Responsible Mining, Colorado Environmental Coalition. (Attachments: # 1 Exhibit DOE FOIA Improvement Plan# 2 Exhibit Hull v DOL 2006 U.S. Dist. LEXIS 350544)(Stills, Travis) (Entered: 02/20/2007)
2007-02-20	20	MOTION for Leave to File Excess Pages by Plaintiffs Information Network for Responsible Mining, Colorado Environmental Coalition. (Attachments: # 1 Proposed Order (PDF Only))(Stills, Travis) (Entered: 02/20/2007)
2007-02-20	21	Docket Annotation TERMINATING 20 MOTION for Leave to File Excess Pages, THere was a docketing error, an incorrect PDF was attached. It is to be refiled with the correct PDF attached. Text only entry - no document attached. (erv, ) (Entered: 02/20/2007)
2007-02-20	22	MOTION for Leave to File Excess Pages by Plaintiffs Information Network for Responsible Mining, Colorado Environmental Coalition. (Attachments: # 1 Proposed Order (PDF Only))(Stills, Travis) (Entered: 02/20/2007)
2007-02-21	23	MINUTE ORDER granting 22 Pla's Motion for Leave to File Excess Pages for Pla's Reply in Support of Summary Judgment, by Judge Robert E. Blackburn on 2/21/07.(erv, ) (Entered: 02/21/2007)
2007-02-23	24	BRIEF in Opposition re 17 MOTION to Stay Proceedings Pursuant to Open America v. Watergate Special Prosecution Force filed by Plaintiffs Information Network for Responsible Mining, Colorado Environmental Coalition. (Attachments: # 1 Exhibit FWS FOIA Release August 22 2006# 2 Exhibit Excerpts from FWS FOIA Release)(Stills, Travis) (Entered: 02/23/2007)
2007-03-12	25	Courtroom Minutes/Minute Order for proceedings held before Magistrate Judge Craig B Shaffer. Telephonic Status Conference held on 3/12/2007: Denying as moot 12 Motion to Stay; Holding in abeyance 17 Motion to Stay. Discovery shall remain stayed. (Court Reporter FTR - Ben Van Dyke) (cbscd) (Entered: 03/12/2007)
2007-03-13	26	REPLY to Response to Motion re 17 MOTION to Stay Proceedings Pursuant to Open America v. Watergate Special Prosecution Force filed by Defendant United States Department of Energy. (Attachments: # 1 Exhibit A-2 -- Second Brennan Declaration)(Johnson, Michael) (Entered: 03/13/2007)
2007-05-31	27	MINUTE ORDER, Set Hearings: Telephonic Status Conference set for 6/7/2007 08:30 AM in Courtroom A 402 before Magistrate Judge Craig B Shaffer. by Magistrate Judge Craig B Shaffer on 5/31/07. (erv, ) (Entered: 05/31/2007)
2007-06-01	28	Amended MOTION to Stay re 17 MOTION to Stay Proceedings Pursuant to Open America v. Watergate Special Prosecution Force by Defendant United States Department of Energy. (Attachments: # 1 Exhibit A-1 -- Declaration of Sheila Dillard# 2 Proposed Order (PDF Only))(Johnson, Michael) (Entered: 06/01/2007)
2007-06-01	29	MEMORANDUM regarding 28 Amended MOTION to Stay re 17 MOTION to Stay Proceedings Pursuant to Open America v. Watergate Special Prosecution Force Amended MOTION to Stay re 17 MOTION to Stay Proceedings Pursuant to Open America v. Watergate Special Prosecution Force filed by United States Department of Energy by Judge Robert E. Blackburn on 6/1/07. (Text Only Entry - No Document Attached)Motions referred to Magistrate Judge Craig B Shaffer (rebsec, ) (Entered: 06/01/2007)
2007-06-05	30	Unopposed MOTION to Withdraw Document re 28 Amended MOTION to Stay re 17 MOTION to Stay Proceedings Pursuant to Open America v. Watergate Special Prosecution Force Amended MOTION to Stay re 17 MOTION to Stay Proceedings Pursuant to Open America v. Watergate Special Prosecution Force by Defendant United States Department of Energy. (Attachments: # 1 Proposed Order (PDF Only))(Johnson, Michael) (Entered: 06/05/2007)
2007-06-05	31	MEMORANDUM regarding 30 Unopposed MOTION to Withdraw Document re 28 Amended MOTION to Stay re 17 MOTION to Stay Proceedings Pursuant to Open America v. Watergate Special Prosecution Force Amended MOTION to Stay re 17 MOTION to Stay Proceedings Pursuant to Open AUnopposed MOTION to Withdraw Document re 28 Amended MOTION to Stay re 17 MOTION to Stay Proceedings Pursuant to Open America v. Watergate Special Prosecution Force Amended MOTION to Stay re 17 MOTION to Stay Proceedings Pursuant to Open A filed by United States Department of Energy by Judge Robert E. Blackburn on 6/5/07. (Text Only Entry - No Document Attached)Motions referred to Magistrate Judge Craig B Shaffer (rebsec, ) (Entered: 06/05/2007)
2007-06-06	32	Amended MOTION to Stay re 17 MOTION to Stay Proceedings Pursuant to Open America v. Watergate Special Prosecution Force [Second Amended Motion] by Defendant United States Department of Energy. (Attachments: # 1 Exhibit A-1 -- Dillard declaration# 2 Proposed Order (PDF Only))(Johnson, Michael) (Entered: 06/06/2007)
2007-06-07	33	MEMORANDUM regarding 32 Amended MOTION to Stay re 17 MOTION to Stay Proceedings Pursuant to Open America v. Watergate Special Prosecution Force [Second Amended Motion] Amended MOTION to Stay re 17 MOTION to Stay Proceedings Pursuant to Open America v. Watergate Special Prosecution Force [Second Amended Motion] filed by United States Department of Energy by Judge Robert E. Blackburn on 6/7/07. (Text Only Entry - No Document Attached)Motions referred to Magistrate Judge Craig B Shaffer (rebsec, ) (Entered: 06/07/2007)
2007-06-07	34	Courtroom Minutes/Minute Order for proceedings held before Magistrate Judge Craig B Shaffer. Telephonic Status Conference held on 6/7/2007. (Court Reporter FTR - Ben Van Dyke) (cbscd) (Entered: 06/07/2007)
2007-06-22	35	STATUS REPORT by Defendant United States Department of Energy. (Attachments: # 1 Exhibit A-1 -- June 15, 2007 letter attached with final administrative response)(Johnson, Michael) (Entered: 06/22/2007)
2007-06-27	36	STATUS REPORT by Plaintiffs Information Network for Responsible Mining, Colorado Environmental Coalition. (Stills, Travis) (Entered: 06/27/2007)
2007-06-28	37	MINUTE ORDER denying Without Prejudice 9 Pla's Motion for Summary Judgment; That the parties jointly SHALL FILE a proposed summary judgment briefingschedule no later than Friday, July 27, 2007.. Signed by Judge Robert E. Blackburn on 6/28/07.(erv, ) (Entered: 06/28/2007)
2007-07-18	38	MINUTE ORDER Withdrawing 2 Order Referring Case to Magistrate Judge, by Judge Robert E. Blackburn on 7/18/07. (erv, ) (Entered: 07/18/2007)
2007-07-18	39	MINUTE ORDER denying Without Prejudice 32 Dfts Second Amended Motion to Stay; denying without Prejudice 17 Dfts Motion to Stay; denying without Prejudice 28 Dfts Motion to Stay; denying without prejudice 30 Dfts Unopposed Motion to Withdraw Document by Judge Robert E. Blackburn on 7/18/07.(erv, ) (Entered: 07/18/2007)
2007-07-27	40	Proposed Scheduling Order by Plaintiffs Information Network for Responsible Mining, Colorado Environmental Coalition, Defendant United States Department of Energy. (Attachments: # 1 Proposed Order (PDF Only))(Stills, Travis) (Entered: 07/27/2007)
2007-08-17	41	SCHEDULING ORDER re: 37 Order on Motion for Summary Judgment, the parties have submitted a proposed summary judgment briefing schedule. The court now approves, adopts, and orders the proposed schedule consistent with the orders below. That the parties shall file cross motions, if any, for summary judgment on all claims by September 17, 2007; That a response brief shall be filed within 21 days of the filing of the relevant motion for summary judgment; and That a reply brief, if any, may be filed within 21 days of the filing of the relevant response brief. Signed by Judge Robert E. Blackburn on 8/17/07. (erv, ) (Entered: 08/17/2007)
2007-08-22	42	Cross MOTION for Summary Judgment on all Claims by Plaintiffs Information Network for Responsible Mining, Colorado Environmental Coalition. (Attachments: # 1 Exhibit July 2006 FOIA Request# 2 Exhibit June 2007 DOE FOIA Response# 3 Exhibit Inspection Reports# 4 Exhibit July 2007 DOE FONSI# 5 Exhibit Sample of Redacted Records# 6 Exhibit Redacted Quarterly Reports# 7 Exhibit Redacted Bonding Records# 8 Exhibit Unredacted Bonding Documents# 9 Exhibit Example Uranium Lease with Redactions)(Stills, Travis) (Entered: 08/22/2007)
2007-09-12	43	Unopposed MOTION for Extension of Time to File Response/Reply as to 42 Cross MOTION for Summary Judgment on all Claims by Defendant United States Department of Energy. (Attachments: # 1 Proposed Order (PDF Only))(Johnson, Michael) (Entered: 09/12/2007)
2007-09-13	44	MINUTE ORDER granting 43 Dfts Unopposed MOTION for Extension of Time to File Response as to 42 Cross MOTION for Summary Judgment on all Claims Responses due by 9/17/2007, by Judge Robert E. Blackburn on 9/13/07.(erv, ) (Entered: 09/13/2007)
2007-09-18	45	Cross MOTION for Summary Judgment by Defendant United States Department of Energy. (Johnson, Michael) (Entered: 09/18/2007)
2007-09-18	46	BRIEF in Opposition re 42 Cross MOTION for Summary Judgment on all Claims filed by Defendant United States Department of Energy. (Johnson, Michael) (Entered: 09/18/2007)
2007-09-18	47	STATEMENT re 45 Cross MOTION for Summary Judgment [Notice of Filing Exhibit A-1, Declaration of Sheila Dillard, In Support of Motion] by Defendant United States Department of Energy. (Johnson, Michael) (Entered: 09/18/2007)
2007-09-18	48	STATEMENT re 45 Cross MOTION for Summary Judgment [Notice of Filing Exhibit A-2, Declaration of Don Coram, In Support of Defendant's Cross-Motion] by Defendant United States Department of Energy. (Johnson, Michael) (Entered: 09/18/2007)
2007-09-18	49	STATEMENT re 45 Cross MOTION for Summary Judgment [Notice of Filing Exhibit A-3, Declaration of Glen Williams, In Support of Defendant's Cross-Motion] by Defendant United States Department of Energy. (Johnson, Michael) (Entered: 09/18/2007)
2007-09-18	50	EXHIBIT A-4 45 Cross MOTION for Summary Judgment , Vaughn Index, In Support of Defendant's Cross-Motion by Defendant United States Department of Energy. (Johnson, Michael) (Modified on 9/25/2007 to correct the title of the test to reflect that it is an Exhibit and not a Statement)(erv2, ). (Entered: 09/18/2007)
2007-09-18	51	NOTICE re 46 Brief in Opposition to Motion [Defendant's Notice of Filing Exhibits A-1, A-2, A-3 and A-4 in Support of Defendant's Opposition to Plaintiff's Motion for Summary Judgment] by Defendant United States Department of Energy (Johnson, Michael) (Entered: 09/18/2007)
2007-09-18	52	MOTION For Extension of Time to File Defendant's Motion for Summary Judgment and Response in Opposition to Plaintiff's Cross-Motion for Summary Judgment (Doc. 42) by Defendant United States Department of Energy. (Attachments: # 1 Proposed Order (PDF Only))(Johnson, Michael) (Entered: 09/18/2007)
2007-09-19	53	MINUTE ORDER granting 52 Dfts Motion for Leave to File Dfts Cross-Motion for Summary Judgment and to File Dfts Response to Pla's Motion for Summary Judgment, by Judge Robert E. Blackburn on 9/19/07.(erv, ) (Entered: 09/19/2007)
2007-09-25	54	AMENDED MINUTE ORDER re: 53 Minute Order on Motion for Extension of Time. The matter comes before the court sua sponte to amend the court's Minute Order entered September 19, 2007. THEREFORE, IT IS ORDERED that the court's Minute Order 53 , entered September 19, 2007, is AMENDED to reflect that Defendant's Motion for Summary Judgment on Plaintiffs' Claims 45 , is accepted for filing. by Judge Robert E. Blackburn on 9/25/07. (erv, ) (Entered: 09/25/2007)
2007-10-09	55	BRIEF in Opposition re 45 Cross MOTION for Summary Judgment filed by Plaintiffs Information Network for Responsible Mining, Colorado Environmental Coalition. (Attachments: # 1 Exhibit Dillard July 2006 email# 2 Exhibit Colorado Release of Records# 3 Exhibit DOE 2007 Lease Request# 4 Exhibit Lexis Reported Case Natl Security Archives# 5 Conventionally Submitted CD ROM of Colorado Mine Files)(Stills, Travis) (Entered: 10/09/2007)
2007-10-09	56	REPLY to Response to Motion re 42 Cross MOTION for Summary Judgment on all Claims filed by Plaintiffs Information Network for Responsible Mining, Colorado Environmental Coalition. (Stills, Travis) (Entered: 10/09/2007)
2007-10-11	57	Conventionally Submitted Material : CD ROM in Further Support of Brief in Opposition to Motion, 55 , Reply to Response to Motion 56 by Plaintiffs Information Network for Responsible Mining, Colorado Environmental Coalition (Placed in a Manilla Envelope and put in Over sized Exhibits) Text Only Entry - No Document Attached (erv, ) (Entered: 10/15/2007)
2007-10-31	58	REPLY to Response to Motion re 45 Cross MOTION for Summary Judgment filed by Defendant United States Department of Energy. (Attachments: # 1 Exhibit A-1 -- active and inactive lease file information)(Johnson, Michael) (Entered: 10/31/2007)
2007-10-31	59	MOTION for Extension of Time to File Response/Reply as to 58 Reply to Response to Motion by Defendant United States Department of Energy. (Attachments: # 1 Proposed Order (PDF Only))(Johnson, Michael) (Entered: 10/31/2007)
2007-11-02	60	MINUTE ORDER granting 59 Dfts Motion for Extension of Time to File Reply to Cross-Motion for Summary Judgment. The motion is GRANTED and Defendant's Reply in Support of Motion for Summary 45 , 58 is accepted for filing. by Judge Robert E. Blackburn on 11/2/07.(erv, ) (Entered: 11/02/2007)
2008-02-12	61	MOTION to Supplement 42 Cross MOTION for Summary Judgment on all Claims , 45 Cross MOTION for Summary Judgment by Taking Judicial Notice by Plaintiffs Information Network for Responsible Mining, Colorado Environmental Coalition. (Attachments: # 1 Exhibit DOE Audit Report, # 2 Exhibit Email Rule 7.1 Consultation, # 3 Exhibit Exh 3 DOE IG Home Page, # 4 Exhibit Exh 4 Email 2d Re Rule 7.1 Consultation)(Stills, Travis) (Entered: 02/12/2008)
2008-03-03	62	BRIEF in Opposition re 61 MOTION to Supplement 42 Cross MOTION for Summary Judgment on all Claims, 45 Cross MOTION for Summary Judgment by Taking Judicial Noticefiled by Defendant United States Department of Energy. (Attachments: # 1 Exhibit A-1 (Schiesswohl Declaration), # 2 Exhibit A-2 (Third Dillard Declaration), # 3 Exhibit A-3 (Cotter Declaration))(Johnson, Michael) (Modified on 3/4/2008 to remove duplicate text entry)(erv, ). (Entered: 03/03/2008)
2008-03-18	63	ORDER denying 42 Motion for Summary Judgment on all claims Under the Freedom of Information Act; granting 45 Dfts Motion for Summary Judgment on Pla's Claims; denying 61 Pla's Motion to take Judicial Notice of Dfts January 2008 Uranium Leases Audit Report; Pla's First Claim for Relief, alleging violation of the timliness requirements of FOIA, is Dismissed as moot; Pla's 2nd Claim for Relief is Dismissed With Prejudice; Jgm shall enter for Dft and against Plas. Signed by Judge Robert E. Blackburn on 3/18/08.(erv, ) (Entered: 03/19/2008)
2008-03-25	64	JUDGMENT by Clerk in favor of United States Department of Energy against Colorado Environmental Coalition, Information Network for Responsible Mining. Signed by Charlotte Hoard, Deputy Clerk on 3/25/08. (erv, ) (Entered: 03/25/2008)
2008-04-04	65	STIPULATION [Joint Stipulation Regarding Costs] by Plaintiffs Information Network for Responsible Mining, Colorado Environmental Coalition, Defendant United States Department of Energy. (Johnson, Michael) (Entered: 04/04/2008)
2008-04-04	66	MOTION to Amend/Correct/Modify 63 Order on Motion for Summary Judgment,, Order on Motion to Supplement,,,,,, by Defendant United States Department of Energy. (Attachments: # 1 Exhibit Third Dillard Declaration with attachment)(Johnson, Michael) (Entered: 04/04/2008)
2008-04-30	67	AMENDED ORDER ON CROSS-MOTIONS FOR SUMMARY JUDGMENT That Plaintiffs' Motion and Brief in Support of Summary Judgment on All Claims Under the Freedom of Information Act (Oral Argument Requested) 42 , filed August 22, 2007, is DENIED; That Defendant's Motion for Summary Judgment on Plaintiffs' Claims 45 , filed September 18, 2007, is GRANTED; That Plaintiffs Motion To Take Judicial Notice of Defendant's January 2008 Uranium Leases Audit Report 61 , filed February 12, 2008, is DENIED; That plaintiffs' First Claim for Relief, alleging violation of the timeliness requirements of FOIA, is DISMISSED AS MOOT;. Signed by Judge Robert E. Blackburn on 4/30/08. (erv, ) (Entered: 05/01/2008)
2008-04-30	68	ORDER granting 66 Dfts Motion Pursuant to Fed,R.CivP. 59(e), That my Order on Cross-Motions for Summary Judgment 63 , filed March 18, 2008, is AMENDED as set forth herein; That the fourth sentence of the second paragraph on page 8 of the Order, which presently reads, "From that more global search, it was determined that only the 13 active files contained potentially responsive documents. (Id. 5 at 2.)," is STRICKEN and the following language shall be SUBSTITUTED: "From that more global search, it was determined that all 38 lease files contained potentially responsive documents. (See Defendant's Motion Pursuant to Fed.R.Civ.P. 59(e) App., Exh. 1 (Third Declaration of Sheila G. Dillard 3 at 2) 66 , filed April 4, 2008.);" and That an amended order reflecting the above change SHALL BE FILED forthwith.. Signed by Judge Robert E. Blackburn on 4/30/08.(erv, ) (Entered: 05/01/2008)
Hide Docket Events