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Case TitleSan Juan Citizens Alliance v. United States Department of Interior et al
DistrictDistrict of Colorado
CityDenver
Case Number1:2013cv02466
Date Filed2013-09-10
Date Closed2014-09-30
JudgeJudge Robert E. Blackburn
PlaintiffSan Juan Citizens Alliance
Case DescriptionAlliance requested Expressions of Interest in oil and gas lease sales. Bureau of Land Management disclosed the names of the parties that submitted the EOIs, but withheld the names of the submitter's client, indicating that the information was protected by Exemption 4 (confidential business information). The Alliance filed an administrative appeal, but received no response.
Complaint issues: constructive exhaustion of administrative remedies, Exemption 4, attorney's fees

DefendantUnited States Department of The Interior an agency of the United States
DefendantUnited States Bureau of Land Management an agency within the United States Department of Interior
DefendantWestern Energy Alliance
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Opinion/Order [7]
Opinion/Order [27]
Opinion/Order [31]
Opinion/Order [33]
Opinion/Order [39]
Opinion/Order [41]
Opinion/Order [51]
Opinion/Order [52]
Opinion/Order [53]
FOIA Project Annotation: The court ruled that the email address for a client of a company that serves as an intermediary in leasing land for oil and gas exploration is protected by Exemption 4 (confidential business information). MAO submitted an affidavit explaining why disclosure of the client's email would cause it competitive harm. The company noted that "MAO's business relationship with its client and all other oil and gas companies depends upon the confidentiality afforded to each company's identity and business prospects by MAO." The plaintiffs, San Juan Citizens Alliance, argued that disclosure would not cause competitive harm in the field of oil and gas leasing. But the court pointed out that "the primary harm it asserts is loss if the particular client at issue here, and possibly, other clients who learn of the breach of client confidentiality. . . [A]lthough [MAO] has not shown that it is certain to suffer economic harm if the information is released, it has shown a significant potential for economic harm [and] the showing is sufficient for the purposes of Exemption 4."
Issues: Exemption 4 - Confidential business information
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2013-09-101COMPLAINT for Declaratory and Injunctive Relief against United States Bureau of Land Management, United States Department of Interior (Filing fee $ 400, Receipt Number 1082-3527312), filed by San Juan Citizens Alliance. (Attachments: # 1 Summons Dep't of Interior, # 2 Summons BLM, # 3 Summons US Atty Colorado, # 4 Summons US Atty General, # 5 Civil Cover Sheet)(Tisdel, Kyle) (Entered: 09/10/2013)
2013-09-102CORPORATE DISCLOSURE STATEMENT. (Tisdel, Kyle) (Entered: 09/10/2013)
2013-09-103NOTICE OF CASE ASSOCIATION by Plaintiff San Juan Citizens Alliance (Tisdel, Kyle) (Entered: 09/10/2013)
2013-09-104Case assigned to Judge Robert E. Blackburn and drawn to Magistrate Judge Boyd N. Boland. Text Only Entry (sphil, ) (Entered: 09/10/2013)
2013-09-105SUMMONS issued by Clerk. Magistrate Judge Consent Form attached. (Attachments: # 1 Magistrate Judge Consent Form) (sphil, ) (Entered: 09/10/2013)
2013-09-106ORDER REFERRING CASE to Magistrate Judge Boyd N. Boland for non-dispositive motions. That pursuant to 28 U.S.C. § 636(b)(1)(A) and (B) and Fed. R. Civ. P. 72(a) and (b), this matter is referred to the assigned United States Magistrate Judge:(1) To convene a scheduling conference under Fed. R. Civ. P. 16(b), enter a Scheduling Order that satisfies the requirements of D.C.COLO.LCivR 16.2, and enter such orders as appropriate to enforce the Scheduling order and resolve discovery matters; provided, further that the scheduling conference, the Magistrate Judge shall advise the parties of Judge Blackburns practice standards found at www.cod.uscourts.gov.;(2) To hear and finally determine non-dispositive matters that have been referred, subject to the exceptions found in 28 U.S.C. § 636(b)(1)(A); and(3) To hear and make recommendations on dispositive matters that have been referred as defined in 28 U.S.C. § 636(b)(1)(A).Court sponsored alternative dispute resolution is governed by D.C.COLOLCivR 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 Robert E. Blackburn on 9/10/13. Text Only Entry (rebsec, ) (Entered: 09/10/2013)
2013-09-187ORDER setting Scheduling/Planning Conference for 11/22/2013 at 9:30 AM in Courtroom A 401 before Magistrate Judge Boyd N. Boland. By Magistrate Judge Boyd N. Boland. (klyon, ) (Entered: 09/18/2013)
2013-09-1815Utility Setting/Resetting Deadlines/Hearings: Scheduling Conference set for 11/22/2013 09:30 AM in Courtroom A 401 before Magistrate Judge Boyd N. Boland. Pursuant to 7 Order as date was termed in error. Text Only Entry. (klyon, ) (Entered: 10/10/2013)
2013-09-278AFFIDAVIT/RETURN of Service (Answer Due 10/13/2013) of Summons, Complaint, and Notice of Availability of Magistrate Judge/Consent Form upon U.S. Department of the Interior and U.S. Bureau of Land Management on 09/13/2013, filed by Plaintiff San Juan Citizens Alliance (Attachments: # 1 Service Upon US Defendants, # 2 Service Upon US Attorney, # 3 Service Upon US Attorney General)(Tisdel, Kyle) (Entered: 09/27/2013)
2013-09-279NOTICE of Entry of Appearance by Zeyen Julian Wu on behalf of United States Bureau of Land Management, United States Department of The Interior (Wu, Zeyen) (Entered: 09/27/2013)
2013-10-0710STIPULATION for Extension of Time to Answer or Respond to the Complaint by Defendants United States Bureau of Land Management, United States Department of The Interior. United States Bureau of Land Management answer due 11/5/2013; United States Department of The Interior answer due 11/5/2013. (Wu, Zeyen) (Entered: 10/07/2013)
2013-10-0711MOTION to Intervene by Intervenor Defendant Western Energy Alliance. (Williams, Ezekiel) (Entered: 10/07/2013)
2013-10-0712BRIEF in Support of 11 MOTION to Intervene filed by Intervenor Defendant Western Energy Alliance. (Attachments: # 1 Exhibit 1, # 2 Proposed Order (PDF Only))(Williams, Ezekiel) (Entered: 10/07/2013)
2013-10-0813MEMORANDUM regarding 11 MOTION to Intervene filed by Western Energy Alliance. Motions referred to Magistrate Judge Boyd N. Boland by Judge Robert E. Blackburn on 10/8/13. Text Only Entry (rebsec, ) Modified on 12/11/2013 - Referral of Motion changed from Magistrate Judge Boland to Magistrate Judge Tafoya pursuant to 31 Order of Recusal. (klyon, ). (Entered: 10/08/2013)
2013-10-0914MINUTE ORDER Setting Hearing on Motion: 11 MOTION to Intervene by Western Energy Alliance set for 11/22/2013 at 09:30 AM in Courtroom A 401 before Magistrate Judge Boyd N. Boland. The parties shall respond to the motion by 10/29/13, no reply without leave of the court. by Magistrate Judge Boyd N. Boland on 10/9/13. (bnbcd, ) (Entered: 10/10/2013)
2013-10-2416Unopposed MOTION for Extension of Time to File Response/Reply as to 11 MOTION to Intervene by Plaintiff San Juan Citizens Alliance. (Attachments: # 1 Proposed Order (PDF Only))(Tisdel, Kyle) (Entered: 10/24/2013)
2013-10-2417NOTICE re 16 Unopposed MOTION for Extension of Time to File Response/Reply as to 11 MOTION to Intervene by Plaintiff San Juan Citizens Alliance (Attachments: # 1 Proposed Order (PDF Only))(Tisdel, Kyle) (Entered: 10/24/2013)
2013-10-2518MEMORANDUM regarding 16 Unopposed MOTION for Extension of Time to File Response/Reply as to 11 MOTION to Intervene filed by San Juan Citizens Alliance. Motions referred to Magistrate Judge Boyd N. Boland. By Judge Robert E. Blackburn on 10/25/13. Text Only Entry (rebcd, ) (Entered: 10/25/2013)
2013-10-2519MINUTE ORDER granting 16 Unopposed Motion for Extension of Time for Plaintiff's to Respond to the Motion to Intervene by Western Energy Alliance. Motion Hearing on 11 Motion to Intervene and Scheduling Conference RESET to 12/9/2013 01:30 PM in Courtroom A 401 before Magistrate Judge Boyd N. Boland. Proposed scheduling order due by 12/2/13. by Magistrate Judge Boyd N. Boland on 10/25/13.(bnbcd, ) (Entered: 10/25/2013)
2013-10-2520Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond re 1 Complaint, by Defendants United States Bureau of Land Management, United States Department of The Interior. (Attachments: # 1 Proposed Order (PDF Only) for Ext. of Time to Respond)(Wu, Zeyen) (Entered: 10/25/2013)
2013-10-2521MEMORANDUM regarding 20 Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond re 1 Complaint, filed by United States Department of The Interior, United States Bureau of Land Management. Motions referred to Magistrate Judge Boyd N. Boland by Judge Robert E. Blackburn on 10/25/13. Text Only Entry (rebsec, ) (Entered: 10/25/2013)
2013-10-2522MINUTE ORDER granting 20 Motion for Extension of Time to Answer or Otherwise Respond to Complaint. Defendants shall answer by 11/26/13. by Magistrate Judge Boyd N. Boland on 10/25/13.(bnbcd, ) (Entered: 10/25/2013)
2013-10-2823RESPONSE to 11 MOTION to Intervene filed by Defendants United States Bureau of Land Management, United States Department of The Interior. (Attachments: # 1 Exhibit Decl. of Darrell Strayhorn, # 2 Exhibit Decl. of Zeyen Wu)(Wu, Zeyen) (Entered: 10/28/2013)
2013-11-1224RESPONSE to 11 MOTION to Intervene by Western Energy Alliance filed by Plaintiff San Juan Citizens Alliance. (Attachments: # 1 Declaration, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7)(Tisdel, Kyle) (Entered: 11/12/2013)
2013-11-2025MOTION for Leave to File Reply in Support of 11 MOTION to Intervene by Intervenor Defendant Western Energy Alliance. (Attachments: # 1 Proposed Order (PDF Only), # 2 Proposed Document Reply in Support of Motion to Intervene by Western Energy Alliance)(Williams, Ezekiel) (Entered: 11/20/2013)
2013-11-2026MEMORANDUM regarding 25 MOTION for Leave to File Reply in Support of 11 MOTION to Intervene filed by Western Energy Alliance. Motions referred to Magistrate Judge Boyd N. Boland. By Judge Robert E. Blackburn on 11/20/13. Text Only Entry (rebsec) (Entered: 11/20/2013)
2013-11-2127MINUTE ORDER granting 25 Motion for Leave to File Reply in Support ofMotion to Intervene by Western Energy Alliance. The Clerk of the Court is directed to accept for filing the attached Reply in Support of Motion to Intervene by Western Energy Alliance. By Magistrate Judge Boyd N. Boland on 11/21/2013.(klyon, ) (Entered: 11/21/2013)
2013-11-2128REPLY In Support of 11 MOTION to Intervene By Western Energy Alliance, filed by Intervenor Defendant Western Energy Alliance. (klyon, ) (Entered: 11/21/2013)
2013-11-2529Defendants United States Bureau of Land Management and United States Department of the Interior's ANSWER to 1 Complaint, by United States Bureau of Land Management, United States Department of The Interior.(Wu, Zeyen) (Entered: 11/25/2013)
2013-12-0230Proposed Scheduling Order by Plaintiff San Juan Citizens Alliance. (Tisdel, Kyle) (Entered: 12/02/2013)
2013-12-0931ORDER: I recuse myself from further service in this action. The Clerk of the Court shall cause this case to be reassigned to another magistrate judge. The scheduling conference and motion hearing set for this afternoon at 1:30 p.m.,is VACATED. By Magistrate Judge Boyd N. Boland on 12/9/2013. (klyon, ) (Entered: 12/09/2013)
2013-12-0932CASE REASSIGNED pursuant to 31 Order. This case is reassigned to Magistrate Judge Kathleen M. Tafoya. All future pleadings should be designated as 13-cv-02466-REB-KMT. Text Only Entry. (klyon, ) (Entered: 12/09/2013)
2013-12-1233ORDER Setting Scheduling Conference for 1/14/2014 at 09:30 AM in Courtroom C201 before Magistrate Judge Kathleen M. Tafoya, by Magistrate Judge Kathleen M. Tafoya on 12/12/13. (sgrim) (Entered: 12/12/2013)
2013-12-1734Proposed Scheduling Order by Plaintiff San Juan Citizens Alliance. (Tisdel, Kyle) (Entered: 12/17/2013)
2014-01-0635MINUTE ORDER: The Scheduling Conference set for 1/14/2014 is VACATED. The Scheduling Conference and a Motion Hearing regarding 11 Motion to Intervene by Western Energy Alliance are set for 2/5/2014 at 01:30 PM in Courtroom C201 before Magistrate Judge Kathleen M. Tafoya. If necessary, the parties may submit a revised Proposed Scheduling Order no later than 1/29/2014. By Magistrate Judge Kathleen M. Tafoya on 1/6/2014. Text Only Entry (kmtlc2) (Entered: 01/06/2014)
2014-01-2136MINUTE ORDER: The Motions Hearing set for 2/5/2014 regarding the 11 Motion to Intervene filed by Western Energy Alliance is VACATED. The court does not feel oral argument will be necessary or helpful. The Scheduling Conference, however, will proceed as scheduled. By Magistrate Judge Kathleen M. Tafoya on 1/21/2014. Text Only Entry (kmtlc2) (Entered: 01/21/2014)
2014-02-0537COURTROOM MINUTES for Scheduling Conference held on 2/5/2014 before Magistrate Judge Kathleen M. Tafoya. Dispositive Motions due by 2/26/2014. FTR: S. Grimm. (sgrim) (Entered: 02/05/2014)
2014-02-0538SCHEDULING ORDER by Magistrate Judge Kathleen M. Tafoya on 2/5/14. (sgrim) (Entered: 02/05/2014)
2014-02-0539VACATED - TRIAL PREPARATION CONFERENCE ORDER: Proposed Pretrial Order due by 5/16/2014. Final Pretrial Conference and Trial Preparation Conference are set for 5/22/2014 03:00 PM in Courtroom A1001 before Judge Robert E. Blackburn. Two (2) day Bench Trial set for 5/27/2014 09:00 AM in Courtroom A1001 before Judge Robert E. Blackburn. By Judge Robert E. Blackburn on 2/5/14. (rebsec,) Modified on 2/12/2014 to vacate pursuant to Minute Order dated 2/12/2014. (klyon, ). (Entered: 02/05/2014)
2014-02-1240MINUTE ORDER: The trial set for May 27, 2014, and the Final Pretrial Conference and Trial Preparation Conference set for May 22, 2014, both are vacated. In addition, the Trial Preparation Conference Order [# 39 ] filed February 5, 2014, is vacated. By Judge Robert E. Blackburn on 2/12/2014. (klyon, ) (Entered: 02/12/2014)
2014-02-2041RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE that Western Energy Alliance's Motion to Intervene 11 be DENIED, by Magistrate Judge Kathleen M. Tafoya on 2/20/14. (sgrim) (Entered: 02/21/2014)
2014-02-2642MOTION for Summary Judgment by Defendants United States Bureau of Land Management, United States Department of The Interior. (Attachments: # 1 Exhibit 1 Declaration of Darrell Strayhorn, # 2 Exhibit 2 Pl.'s FOIA Request, # 3 Exhibit 3 Letter March 25, 2013, # 4 Exhibit 4 Letter April 4, 2013, # 5 Exhibit 5 Letter May 23, 2013, # 6 Exhibit 6 E-mail May 30, 2013, # 7 Exhibit 7 Letter June 13, 2013, # 8 Exhibit 8 E-mails June 14, 2013, # 9 Exhibit 9 FOIA Req. Final Response, # 10 Exhibit 10 Exemption 4 Redaction, # 11 Exhibit 11 Pl.'s FOIA Appeal (Part 1), # 12 Exhibit 12 Letter October 1, 2013, # 13 Exhibit 13 Letter October 10, 2013, # 14 Exhibit 14 Letter October 28, 2013, # 15 Exhibit Letter and Declaration November 7, 2013, # 16 Exhibit 16 Website Info, # 17 Exhibit 11 Part 2)(Wu, Zeyen) (Entered: 02/26/2014)
2014-03-0343OBJECTION to 41 Report and Recommendations of United States Magistrate Judge filed by Interested Party Western Energy Alliance. (Williams, Ezekiel) (Entered: 03/03/2014)
2014-03-1744RESPONSE to Objection to 41 RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE re 11 MOTION to Intervene filed by Western Energy Alliance filed by Defendants United States Bureau of Land Management, United States Department of The Interior. (Wu, Zeyen) (Entered: 03/17/2014)
2014-03-2445Cross MOTION for Summary Judgment and Response to Defendants' Motion for Summary Judgment by Plaintiff San Juan Citizens Alliance. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5)(Tisdel, Kyle) (Entered: 03/24/2014)
2014-03-2446RESPONSE to 42 MOTION for Summary Judgment filed by Plaintiff San Juan Citizens Alliance. (Tisdel, Kyle) (Entered: 03/24/2014)
2014-04-0947RESPONSE to 45 Cross MOTION for Summary Judgment and Response to Defendants' Motion for Summary Judgment filed by Defendants United States Bureau of Land Management, United States Department of The Interior. (Wu, Zeyen) (Entered: 04/09/2014)
2014-04-0948REPLY to Response to 42 MOTION for Summary Judgment under Fed. R. Civ. P. 10(c) filed by Defendants United States Bureau of Land Management, United States Department of The Interior. (Wu, Zeyen) (Entered: 04/09/2014)
2014-04-2549REPLY to Response to 45 Cross MOTION for Summary Judgment and Response to Defendants' Motion for Summary Judgment filed by Plaintiff San Juan Citizens Alliance. (Tisdel, Kyle) (Entered: 04/25/2014)
2014-07-2850MOTION to withdraw: NOTICE of Substitution of Counsel by Plaintiff San Juan Citizens Alliance (O'Reilly, Megan) Modified on 8/1/2014 to convert to a motion per chambers (trlee, ). (Entered: 07/28/2014)
2014-09-2951ORDER: The Recommendation of United States Magistrate Judge 41 filed February 20, 2014, is APPROVED and ADOPTED as an order of this court. The objections 43 of Western Energy Alliance are OVERRULED. The Motion To Intervene by Western Energy Alliance 11 filed October 7, 2013, is DENIED. By Judge Robert E. Blackburn on 9/29/2014. (trlee, ) (Entered: 09/30/2014)
2014-09-3052ORDER Concerning Motions for Summary Judgment. Granting 42 Motion for Summary Judgment; Denying 45 Motion for Summary Judgment. By Judge Robert E. Blackburn on 09/30/2014.(athom, ) (Entered: 09/30/2014)
2014-09-3053FINAL JUDGMENT by Clerk in favor of United States Bureau of Land Management, United States Department of The Interior against San Juan Citizens Alliance re: 52 Order on Motion for Summary Judgment, entered on 09/30/2014. (athom, ) (Entered: 09/30/2014)
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by FOIA Project Staff
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