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Case TitleFREEDOM WATCH v. BUREAU OF LAND MANAGEMENT et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2016cv02320
Date Filed2016-11-22
Date Closed2023-05-16
JudgeJudge Colleen Kollar-Kotelly
PlaintiffFREEDOM WATCH
Case DescriptionFreedom Watch submitted a FOIA request to the Bureau of Land Management and the Department of Justice for records concerning the government's confrontation with Cliven Bundy and his supporters in Nevada. The agencies received the requests by certified mail, but after hearing nothing further from either agency, Freedom Watch filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Vaughn index, Litigation - Attorney's fees

DefendantBUREAU OF LAND MANAGEMENT
DefendantUNITED STATES BUREAU OF LAND MANAGEMENT
DefendantU.S. DEPARTMENT OF JUSTICE
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Opinion/Order [29]
FOIA Project Annotation: Judge Colleen Kollar-Kotelly has rejected Freedom Watch's request for more expeditious processing of its requests to the FBI and the Criminal Division concerning records about Cliven Bundy, his pending criminal trial, and the circumstances leading to the case. Kollar-Kotelly noted that "Plaintiff did not request expedited processing of its FOIA request. Had it done so, and had its request qualified, Plaintiff's FOIA request would have been placed in a separate, expedited queue. Although Plaintiff is apparently seeking to make this request now before this Court, by way of its most recent Status Report, the FOIA statute indicates that judicial review in this context applies solely to 'agency action to deny or affirm denial of a request for expedited processing. . .and failure by an agency to respond in a timely manner to such a request. . .' Because there has been no request for expediting the processing before the relevant agencies in this matter, there is no agency action for this Court to review with respect to expedited processing." Freedom Watch contended that the agency could quickly disclose the requested records since they had already been gathered for trial. Kollar-Kotelly pointed out that this "is not how Defendants normally process FOIA requests. Rather, Defendants engage in a systematic process by which the requested records are sent to the appropriate record custodians in each agency, so they may engage in a comprehensive search for responsive materials. The Court sees no reason to deviate from this procedure here. For one, the records that may be responsive to Plaintiff's FOIA request are not necessarily the same records that would be produced in the course of criminal discovery, given the exemptions and privacy interests applicable to the former, but not necessarily the latter."
Issues: Expedited processing, Litigation - Discovery
Opinion/Order [54]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2016-11-221COMPLAINT against BUREAU OF LAND MANAGEMENT, U.S. DEPARTMENT OF JUSTICE ( Filing fee $ 400 receipt number 0090-4753614) filed by FREEDOM WATCH. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons)(Klayman, Larry) (Entered: 11/22/2016)
2016-11-222REQUEST FOR SUMMONS TO ISSUE U.S. Attorney filed by FREEDOM WATCH.(Klayman, Larry) (Entered: 11/22/2016)
2016-11-223REQUEST FOR SUMMONS TO ISSUE Office of Attorney General filed by FREEDOM WATCH.(Klayman, Larry) (Entered: 11/22/2016)
2016-11-23Case Assigned to Judge Ketanji Brown Jackson. (sb) (Entered: 11/23/2016)
2016-11-234SUMMONS (4) Issued Electronically as to BUREAU OF LAND MANAGEMENT, U.S. DEPARTMENT OF JUSTICE, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Consent Form)(sb) (Entered: 11/23/2016)
2016-11-235GENERAL ORDER AND GUIDELINES FOR CIVIL CASES BEFORE JUDGE KETANJI BROWN JACKSON. The Court will hold the parties and counsel responsible for following these directives, and parties and counsel should pay particular attention to the Courts instructions for briefing motions. Failure to adhere to this Order may, when appropriate, result the imposition of sanctions and/or sua sponte denial of non-conforming motions. Signed by Judge Ketanji Brown Jackson on 11/23/2016. (lckbj1) (Entered: 11/23/2016)
2016-11-306NOTICE of Related Case; case related to 16cv992 by FREEDOM WATCH (Klayman, Larry) Modified to add text on 12/1/2016 (znmw). (Entered: 11/30/2016)
2016-12-227NOTICE of Appearance by Damon William Taaffe on behalf of All Defendants (Taaffe, Damon) (Entered: 12/22/2016)
2016-12-278MOTION for Extension of Time to File Answer re 1 Complaint, by BUREAU OF LAND MANAGEMENT, U.S. DEPARTMENT OF JUSTICE (Taaffe, Damon) (Entered: 12/27/2016)
2016-12-28MINUTE ORDER granting, for good cause shown, 8 Motion for Extension of Time to Answer. It is hereby ORDERED that Defendants shall answer or otherwise respond to the complaint on or before 1/12/2017. Signed by Judge Ketanji Brown Jackson on 12/28/2016. (lckbj1) (Entered: 12/28/2016)
2017-01-119ANSWER to Complaint by BUREAU OF LAND MANAGEMENT, U.S. DEPARTMENT OF JUSTICE.(Taaffe, Damon) (Entered: 01/11/2017)
2017-01-12Before the Court in this FOIA case are a complaint and an answer. It is hereby ORDERED that the parties shall promptly confer and file a joint proposed schedule for briefing or disclosure, on or before 1/26/2017. Signed by Judge Ketanji Brown Jackson on 1/12/2017. (lckbj1) (Entered: 01/12/2017)
2017-01-1810NOTICE OF SUBSTITUTION OF COUNSEL by Melanie Dyani Hendry on behalf of All Defendants Substituting for attorney Damon Taaffe (Hendry, Melanie) (Entered: 01/18/2017)
2017-01-2611Joint STATUS REPORT by BUREAU OF LAND MANAGEMENT, U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Plaintiff's Attachment to Joint Status Report)(Hendry, Melanie) (Entered: 01/26/2017)
2017-01-30MINUTE ORDER. Based on the representations in the parties' 11 Joint Status Report, it is hereby ORDERED that, on or before 2/28/2017, the parties shall file a further joint status report, which shall contain a proposed schedule for further proceedings if litigation is going to be necessary. Signed by Judge Ketanji Brown Jackson on 1/30/2017. (lckbj1) (Entered: 01/30/2017)
2017-02-2812Joint STATUS REPORT by BUREAU OF LAND MANAGEMENT, U.S. DEPARTMENT OF JUSTICE. (Hendry, Melanie) (Entered: 02/28/2017)
2017-02-28MINUTE ORDER. Based on the representations in the parties' 12 Joint Status Report, it is hereby ORDERED that, on or before 6/1/2017, the parties shall file a further joint status report, which shall contain a proposed schedule for further proceedings. It is FURTHER ORDERED that a status conference is set for 6/8/2017 at 10:00 AM in Courtroom 17 before Judge Ketanji Brown Jackson. Signed by Judge Ketanji Brown Jackson on 2/28/2017. (lckbj3) (Entered: 02/28/2017)
2017-02-2813Supplemental STATUS REPORT by FREEDOM WATCH. (Klayman, Larry) (Entered: 02/28/2017)
2017-03-01MINUTE ORDER. It is the practice of this Court to schedule status conferences in FOIA cases as it deems necessary. Given the representations that Plaintiff has made in the recently filed 12 Joint Status Report and 13 Supplemental Status Report, it is hereby ORDERED that the status conference currently scheduled for June 8, 2017, is VACATED, and it is FURTHER ORDERED that the parties shall appear in person for a status conference in this matter on Tuesday, March 7, 2017, at 11:00 AM in Courtroom 17 before Judge Ketanji Brown Jackson. Signed by Judge Ketanji Brown Jackson on 3/1/2017. (lckbj3) (Entered: 03/01/2017)
2017-03-0114RESPONSE TO ORDER OF THE COURT re Order,,, Set Hearings,, Reschedule Status Conference filed by FREEDOM WATCH. (Klayman, Larry) (Entered: 03/01/2017)
2017-03-01MINUTE ORDER. It is hereby ORDERED that the Status Conference currently set for 3/7/17 is VACATED and RESET for March 14, 2017, at 2:00 PM in Courtroom 17 before Judge Ketanji Brown Jackson. Signed by Judge Ketanji Brown Jackson on 3/1/2017. (lckbj3) (Entered: 03/01/2017)
2017-03-1315STATUS REPORT by FREEDOM WATCH. (Klayman, Larry) (Entered: 03/13/2017)
2017-03-13MINUTE ORDER. In light of Plaintiff's counsel's telephonic representation that he is unable to travel due to inclement weather, it is hereby ORDERED that the Status Conference currently set for 3/14/17 is VACATED and RESET for March 16, 2017, at 10:00 AM in Courtroom 17 before Judge Ketanji Brown Jackson. Signed by Judge Ketanji Brown Jackson on 3/13/2017. (lckbj3) (Entered: 03/13/2017)
2017-03-16Minute Entry for proceedings held before Judge Ketanji Brown Jackson: Status Conference held on 3/16/2017. Order to follow. (Court Reporter: Barbara Devico.) (tj) (Entered: 03/16/2017)
2017-03-16MINUTE ORDER. Based on the parties' representations at the status conference held on March 16, 2017, it is hereby ORDERED that the Court's Minute Order of February 28, 2017, requiring a joint status report on or before 6/1/2017, is hereby VACATED. It is FURTHER ORDERED that the following schedule is set in this matter: on or before March 31, 2017, the FBI shall produce approximately 500 pages to Plaintiff; on or before April 3, 2017, Defendants shall file a proposed schedule for (1) processing the documents on the priority list Plaintiff identified during the status conference (i.e., documents responsive to paragraphs 15 through 20 of Plaintiff's FOIA request), and (2) conducting the two keyword searches Plaintiff proposed; and on or before April 10, 2017, Plaintiff shall respond to Defendants' proposed schedule regarding the priority list documents and key word searches. The Court will issue an order governing further proceedings after it receives and reviews the parties' submissions. Signed by Judge Ketanji Brown Jackson on 3/16/2017. (lckbj3) (Entered: 03/16/2017)
2017-03-1616Case directly reassigned to Judge Colleen Kollar-Kotelly as related to 16-cv-992(CKK). Judge Ketanji Brown Jackson is no longer assigned to the case. (ztnr) (Entered: 03/17/2017)
2017-03-1717ORDER Establishing Procedures for Cases Assigned to Judge Colleen Kollar-Kotelly. Signed by Judge Colleen Kollar-Kotelly on March 17, 2017. (NS) (Entered: 03/17/2017)
2017-03-1718TRANSCRIPT OF PROCEEDINGS before Judge Ketanji Brown Jackson held on 3-16-17; Page Numbers: 1-66. Date of Issuance:3-17-17. Court Reporter/Transcriber Barbara DeVico, Telephone number 202-354-3118, Transcripts may be ordered by submitting the <a href="http://www.dcd.uscourts.gov/node/110">Transcript Order Form</a><P></P><P></P>For the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, PDF or ASCII) may be purchased from the court reporter.<P> NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov.<P></P> Redaction Request due 4/7/2017. Redacted Transcript Deadline set for 4/17/2017. Release of Transcript Restriction set for 6/15/2017.(DeVico, Barbara) (Entered: 03/17/2017)
2017-04-0319STATUS REPORT and Proposed Schedule by BUREAU OF LAND MANAGEMENT, U.S. DEPARTMENT OF JUSTICE. (Hendry, Melanie) (Entered: 04/03/2017)
2017-04-1020RESPONSE to Defendants' Proposed Schedule filed by FREEDOM WATCH. (Klayman, Larry) (Entered: 04/10/2017)
2017-04-1221ORDER. Signed by Judge Colleen Kollar-Kotelly on 4/12/2017. (lcckk1) (Entered: 04/12/2017)
2017-04-1222RESPONSE TO ORDER OF THE COURT re 21 Order filed by FREEDOM WATCH. (Klayman, Larry) (Entered: 04/12/2017)
2017-04-13Set/Reset Deadlines: Plaintiff may file a response to the April 28, 2017 Status Report by 5/5/2017; FBI shall submit a Status Report by 5/31/2017; Plaintiff may respond to this report by 6/7/2017. (kt) (Entered: 04/13/2017)
2017-04-2823STATUS REPORT by BUREAU OF LAND MANAGEMENT. (Hendry, Melanie) (Entered: 04/28/2017)
2017-05-0524RESPONSE re 23 to Status Report filed by FREEDOM WATCH. (Klayman, Larry) Modified to add link on 5/8/2017 (znmw). (Entered: 05/05/2017)
2017-05-0925ORDER. The parties shall submit a Joint Status Report by May 12, 2017. Signed by Judge Colleen Kollar-Kotelly on 5/9/2017. (lcckk1) (Entered: 05/09/2017)
2017-05-10Set/Reset Deadlines: Joint Status Report due by 5/12/2017. (kt) (Entered: 05/10/2017)
2017-05-1126Joint STATUS REPORT by FREEDOM WATCH. (Klayman, Larry) (Entered: 05/11/2017)
2017-05-1127RESPONSE to Purported Joint Status Report re 26 Status Report filed by BUREAU OF LAND MANAGEMENT, U.S. DEPARTMENT OF JUSTICE. (Hendry, Melanie) Modified to add link on 5/12/2017 (znmw). (Entered: 05/11/2017)
2017-05-1128REPLY to Defendants' Response to Joint Status Report re 26 Status Report filed by FREEDOM WATCH. (Klayman, Larry) Modified to add link on 5/12/2017 (znmw). (Entered: 05/11/2017)
2017-05-1529MEMORANDUM OPINION AND ORDER. BLM shall, by no later than JULY 14, 2017, provide an estimate of the volume of documents that shall be included in each interim release of responsive non-exempt documents. Plaintiff may file a response to the pleading setting out this estimate by no later than JULY 21, 2017. The other obligations previously set forth by the Court's April Order remain in effect. Signed by Judge Colleen Kollar-Kotelly on 5/15/2017. (lcckk1) (Entered: 05/15/2017)
2017-05-3130STATUS REPORT and Proposed Schedule (FBI) by U.S. DEPARTMENT OF JUSTICE. (Hendry, Melanie) (Entered: 05/31/2017)
2017-06-0731REPLY re 30 Status Report filed by FREEDOM WATCH. (Klayman, Larry) (Entered: 06/07/2017)
2017-06-13MINUTE ORDER: The Court has received and reviewed Defendant FBI's 30 Status Report and Proposed Schedule, and Plaintiff's 31 Response thereto. The FBI estimates that it will be able to process documents at the rate of 500 pages per month. At this rate, the FBI estimates that it will take approximately 500 months to complete its entire production in this matter. Plaintiff, as has been its fashion throughout this litigation, provides a short response stating, in sum and substance, that the FBI is engaged in "disingenuous, dishonest delay tactics...." The Court has previously cautioned Plaintiff that, absent objective evidence, it will not countenance "Plaintiff's generalized and unsupported claims of misconduct against either Defendants or their attorneys." Mem. Op. and Order, ECF No. 29, at 2. Beyond such claims, Plaintiff has not furnished the Court with any reason, based in fact or law, for expediting the production of documents beyond the schedule proposed by the FBI. For example, Plaintiff has not responded to the FBI's proposal to pursue summary judgment on the applicability of Exemption 7(A), which if found applicable would in the FBI's estimation halve the time for completing its production. Status Report, ECF No. 30, at 2 n.2. Accordingly, the Court adopts the FBI's proposed schedule. The FBI shall process and produce 500 pages of responsive, non-exempt and segregable records every 30 days, with the next such release to occur by JUNE 30, 2017. That being said, the Court remains amenable to receiving reasonable proposals from Plaintiff to expedite the production of responsive materials (e.g., by limiting the scope of its requests). To the extent Plaintiff chooses to file such a proposal, it must be supported by fact and law, and cannot (absent evidentiary support) rely upon the baseless accusations already discussed. Signed by Judge Colleen Kollar-Kotelly on 6/13/2017. (lcckk1) (Entered: 06/13/2017)
2017-06-2632MOTION for Reconsideration , MOTION for Sanctions by FREEDOM WATCH (Klayman, Larry) (Entered: 06/26/2017)
2017-06-2733Supplemental Memorandum to MOTION for Reconsideration re 32 MOTION for Reconsideration MOTION for Sanctions , MOTION for Sanctions Addendum by FREEDOM WATCH (Klayman, Larry) Modified text incorrect event used, on 6/28/2017 (td). (Entered: 06/27/2017)
2017-06-30MINUTE ORDER: The Court has received Plaintiff's 32 Motion for Reconsideration of the Court's Minute Order of June 13, 2017 and Motion for Sanctions. Although styled as a motion for reconsideration, the Minute Order challenged in this motion expressly permitted the Plaintiff to file a "reasonable proposal[]... to expedite the production of responsive materials...." The Court shall interpret Plaintiff's motion as the beginnings of such a proposal. In particular, it appears that Plaintiff wishes to postpone the release of already public media materials in Defendant FBI's possession, and to expedite the release of "documents that relate to the criminal prosecution of Cliven Bundy; plans, efforts, strategies and implementation of the criminal prosecution of Cliven Bundy; documents related to Senator Harry Reid and his alleged real estate purchase deals; documents that relate to Rory Reid and his alleged real estate purchase deals; documents that relate to the Bureau of Land Management's plan to take physical possession of custody of Cliven Bundy's cattle within Clark County." Mot. for Reconsideration, at 2. Accordingly, the Court ORDERS the parties to meet and confer to discuss the possibility for expediting the release of such documents, and to file either a joint status report, or if need be, separate status reports, by JULY 28, 2017, regarding their efforts. With respect to Plaintiff's request for sanctions and attorney fees, Plaintiff claims that Defendants have demonstrated bad faith by proposing a 500 month release schedule. The Court disagrees. Given the breadth of Plaintiff's requests, Defendant FBI has indicated that it must process "at least 250,000 pages of documents... [,] from a time period dating at least as far back as 2010." ECF No. 30. Furthermore, Defendant FBI represented that "it stands ready, willing, and able to consider and apply any reasonable limitations on the scope of Plaintiff's significantly broad request." Defendant FBI also represented that it is "currently exploring alternative methods of streamlining this extensive process in a manner that permits it to more quickly complete its processing while still meeting its obligations under the FOIA." Id. at 3. The Court adopted Defendant FBI's proposed schedule principally because Plaintiff had "not furnished the Court with any reason, based in fact or law, for expediting the production of documents beyond the schedule proposed by the FBI." Minute Order, June 13, 2017. Finally, the Court notes again that Plaintiff did not request expedited processing when he originally filed his FOIA requests. Accordingly, Plaintiff's 32 Motion is DENIED. The parties shall proceed in accordance with this Minute Order, and the Court shall consider any appropriate modifications to Defendant FBI's production schedule upon receipt of the parties' proposals for prioritizing the release of certain documents. Signed by Judge Colleen Kollar-Kotelly on 6/30/2017. (lcckk1) (Entered: 06/30/2017)
2017-07-1034MOTION to Clarify Court's Minute Order of June 30, 2017 , MOTION for Reconsideration Court's Minute Order of June 30, 2017 by FREEDOM WATCH (Attachments: # 1 Text of Proposed Order, # 2 Text of Proposed Order)(Klayman, Larry). Added MOTION to Expedite on 7/11/2017 (znmw). (Entered: 07/10/2017)
2017-07-11MINUTE ORDER: The Court has received Plaintiff's 34 Motion to Clarify. Defendants shall file a response by JULY 18, 2017. Signed by Judge Colleen Kollar-Kotelly on 7/11/2017. (lcckk1) (Entered: 07/11/2017)
2017-07-11Set/Reset Deadlines: Defendants shall file Response to 34 by 7/18/2017. (dot) (Entered: 07/14/2017)
2017-07-1335MOTION for Extension of Time to File BLM's Proposed Schedule and Opposition to Plaintiff's Motion for Clarification and Reconsideration by BUREAU OF LAND MANAGEMENT, U.S. DEPARTMENT OF JUSTICE (Attachments: # 1 Proposed Order)(Hendry, Melanie) (Entered: 07/13/2017)
2017-07-1436RESPONSE re 35 MOTION for Extension of Time to File BLM's Proposed Schedule and Opposition to Plaintiff's Motion for Clarification and Reconsideration filed by FREEDOM WATCH. (Klayman, Larry) (Entered: 07/14/2017)
2017-07-14MINUTE ORDER: The Court has received Defendants' 35 Motion for Extension of Time, which seeks an extension of Defendant BLM's obligation to file a proposed production schedule by July 14, 2017, and Defendants' obligation to file a response to Plaintiff's 34 Motion to Clarify by July 18, 2017. Defendants request that both deadlines be moved to July 28, 2017, in light of their view that Plaintiff has modified the scope of his FOIA request. Plaintiff opposes an extension of either deadline, principally on the basis that, in its view, the requested extension is "another attempt to delay producing documents that are potentially exculpatory for a criminal defendant." ECF No. 36, at 2. Nonetheless, as this Court has held on several occasions, "the proper mechanism for Mr. Bundy to obtain potentially exculpatory evidence is through the criminal discovery process." Consequently, the pendency of Mr. Bundy's criminal trial, much as it is not a factor that "weigh[s] in favor of immediate or expedited processing of Plaintiff's FOIA request," is not a factor that warrants denial of Defendants' request for an extension of time. ECF No. 29, at 3. Accordingly, for good cause shown, Defendants' 35 Motion for Extension of Time is GRANTED. Defendant BLM shall file a proposed schedule, and Defendants shall file their response to Plaintiff's 34 Motion to Clarify, by JULY 28, 2017. However, there will be no further extensions with respect to these deadlines. Signed by Judge Colleen Kollar-Kotelly on 7/14/2017. (lcckk1) (Entered: 07/14/2017)
2017-07-14Set/Reset Deadlines: Defendant BLM shall file a proposed schedule, and Defendants shall file their response to Plaintiff's 34 Motion to Clarify by 7/28/2017. (dot) (Entered: 07/17/2017)
2017-07-2837RESPONSE re 34 MOTION to Expedite MOTION to Clarify Court's Minute Order of June 30, 2017 MOTION for Reconsideration Court's Minute Order of June 30, 2017 and Defendants' Proposed Schedule for Processing Plaintiff's Modified FOIA Request filed by BUREAU OF LAND MANAGEMENT, U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Exhibit A)(Hendry, Melanie) (Entered: 07/28/2017)
2017-07-2838STATUS REPORT by FREEDOM WATCH. (Klayman, Larry) (Entered: 07/28/2017)
2017-08-11MINUTE ORDER: The Court has received and reviewed Plaintiff's 34 Motion for Clarification and Reconsideration of the Court's Minute Order of June 30, 2017, Defendants' 37 Opposition thereto, and Plaintiff's 38 Status Report. In the 34 Motion for Clarification and Reconsideration, Plaintiff requests that the Court "either order immediate production of responsive documentation or allow Freedom Watch to take immediate discovery, within the next two weeks, of Defendants' FOIA custodians of records to determine whether Defendants have complied in good faith with the obligations under FOIA." ECF No. 34, at 4. The immediacy of Plaintiff's request is predicated on Plaintiff's contention that "Cliven Bundy is facing imminent threat to his life and loss of substantial due process rights." Id. Mr. Bundy is not a party to this lawsuit, and this Court previously held that "the proper mechanism for Mr. Bundy to obtain potentially exculpatory evidence is through the criminal discovery process. To the extent Mr. Bundy believes that the government has withheld pertinent materials in his criminal case, the most direct and appropriate means for Mr. Bundy to obtain those materials is to seek relief before the district court judge adjudicating that matter." Mem. Op. and Order, ECF No. 29, at 23. With respect to Plaintiff's request for discovery, the Court previously held that "given the absence of any indicia of bad faith by the government in this matter, the Court sees no reason to permit discovery at this time." Id. at 2 n.2; Landmark Legal Found. v. EPA , 959 F. Supp. 2d 175, 183 (D.D.C. 2013) ("Discovery is the exception, not the rule, in FOIA cases." (internal quotation marks omitted)); Justice v. IRS , 798 F. Supp. 2d 43, 47 (D.D.C. 2011) ("Courts permit discovery in FOIA cases where a plaintiff has made a sufficient showing that the agency acted in bad faith." (internal quotation marks omitted)), aff'd , 485 F. App'x 439 (D.C. Cir. 2012). Furthermore, by Minute Order dated June 30, 2017, the Court already held that Defendants' proposed production schedule does not demonstrate bad faith. Nor is the production of public source material an indication of bad faith. Because no other indicia of bad faith is provided by the 34 Motion for Clarification and Reconsideration, discovery shall not be permitted. Nor is there a legal basis for Plaintiff's request for immediate production. Consequently, the 34 Motion for Clarification and Reconsideration is DENIED. The parties shall adhere to the following schedule of future proceedings. The Court adopts Defendant BLM's proposed schedule, under which it estimates that it can process 1,000 documents per month, and complete its processing of Plaintiff's modified FOIA request in approximately 20 months. With respect to Defendant FBI, the Court adopts Defendants' proposed schedule for the time being. By AUGUST 25, 2017, Defendant FBI shall file a declaration of the responsible FOIA official explaining in detail why its processing is limited to 500 pages per month, and what the consequences would be if the processing speed were increased for Plaintiff's FOIA request. Also by AUGUST 25, 2017, Plaintiff shall file a notice stating its position regarding Defendants' proposal to seek summary judgment on Exemption 7(A), which may considerably limit the number of documents that need to be processed by Defendant FBI. Signed by Judge Colleen Kollar-Kotelly on 8/11/2017. (lcckk1) (Entered: 08/11/2017)
2017-08-2539AFFIDAVIT (Declaration) of David M. Hardy Pursuant to August 11, 2017 Minute Order by U.S. DEPARTMENT OF JUSTICE. (Hendry, Melanie) (Entered: 08/25/2017)
2017-08-2540RESPONSE TO ORDER OF THE COURT Response to Court's August 11 Minute Order by FREEDOM WATCH (Klayman, Larry) Modified event title on 8/28/2017 (znmw). (Entered: 08/25/2017)
2017-11-1041NOTICE of Narrowing in Party of Plaintiff's FOIA Request by FREEDOM WATCH (Klayman, Larry) (Entered: 11/10/2017)
2017-11-14MINUTE ORDER: The Court has received and reviewed Plaintiff's 41 Notice of Narrowing in Part FOIA Request. Plaintiff indicates that it would like to "substantially narrow the scope of its original [FOIA] request in order to expedite production of relevant, discoverable information." The new intended scope appears to be limited to "the production of agency records responsive to its original request that pertain to the live video feed depicting Cliven Bundy's ('Mr. Bundy') home and ranch as well as ingress and egress from Mr. Bundy's home and ranch that was being piped into the [Bureau of Land Management ('BLM')] 'Command Center' during the subject standoff with BLM and Federal Bureau of Investigation ('FBI') agents." The Court interprets this notice as indicating that Plaintiff is no longer seeking other documents within the scope of its original request. If this is not the case, Plaintiff should respond to this Minute Order by NOVEMBER 16, 2017 . Plaintiff's counsel has indicated that "[d]uring an evidentiary hearing in the criminal prosecution of Mr. Bundy in the U.S. District Court for the District of Nevada[,] United States v. Bundy et al , 2:16-cr-00046 (D. Nev.) (the 'Bundy Prosecution')[,] witness Mary Hinson confirmed the existence of the live video feed in question." Based on Mr. Bundy's criminal case, Defendants BLM and FBI are presumably familiar with the live video feed referred to by Plaintiff. Accordingly, by NOVEMBER 21, 2017 , Defendants shall 1) produce a copy of the live video feed in question or explain why they are not doing so, and 2) indicate whether any other "agency records responsive to [Plaintiff's] original request that pertain to the live video feed" in question exist, and how long Defendants require to produce those records. Signed by Judge Colleen Kollar-Kotelly on November 14, 2017. (lcckk1) (Entered: 11/14/2017)
2017-11-1642Emergency MOTION for Hearing Evidentiary Hearing by FREEDOM WATCH (Klayman, Larry) (Entered: 11/16/2017)
2017-11-1643SEALED MOTION FOR LEAVE TO FILE DOCUMENT UNDER SEAL filed by FREEDOM WATCH (This document is SEALED and only available to authorized persons.) (Attachments: # 1 Exhibit)(Klayman, Larry) (Entered: 11/16/2017)
2017-11-1644RESPONSE TO ORDER OF THE COURT re Order,,,,,,,, filed by FREEDOM WATCH. (Klayman, Larry) (Entered: 11/16/2017)
2017-11-1645Amended RESPONSE TO ORDER OF THE COURT re Order,,,,,,,, filed by FREEDOM WATCH. (Klayman, Larry) Modified event title on 11/17/2017 (znmw). (Entered: 11/16/2017)
2017-11-17MINUTE ORDER: The Court has received Plaintiff's 42 Emergency Motion for Evidentiary Hearing Concerning Undue Delay and Concealment of Documents in Response to Plaintiff's FOIA Requests and for Expedited Production of Documents and to Shorten Time to Respond to This Motion. Defendants shall have until NOVEMBER 21, 2017, at 12:00PM , to respond to this motion. The Court acknowledges that the timeline is compressed but considers it necessary in order to resolve this request expeditiously. Signed by Judge Colleen Kollar-Kotelly on November 17, 2017. (lcckk1) (Entered: 11/17/2017)
2017-11-2046RESPONSE re 42 Emergency MOTION for Hearing Evidentiary Hearing filed by BUREAU OF LAND MANAGEMENT, U.S. DEPARTMENT OF JUSTICE. (Hendry, Melanie) (Entered: 11/20/2017)
2017-11-2047STATUS REPORT by BUREAU OF LAND MANAGEMENT, U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Declaration of Joel P. Willis)(Hendry, Melanie) (Entered: 11/20/2017)
2017-11-2048REPLY to opposition to motion re 42 Emergency MOTION for Hearing Evidentiary Hearing filed by FREEDOM WATCH. (Klayman, Larry) (Entered: 11/20/2017)
2017-11-28MINUTE ORDER: The Court has received Defendants' 47 Status Report. By DECEMBER 6, 2017 , Plaintiff shall file a response regarding Defendants' production of documents in accordance with the Court's November 14, 2017, Minute Order. Signed by Judge Colleen Kollar-Kotelly on November 28, 2017. (lcckk1) (Entered: 11/28/2017)
2017-11-3049MEMORANDUM OPINION AND ORDER. The Court DENIES Plaintiff's 42 Emergency Motion for Evidentiary Hearing. Signed by Judge Colleen Kollar-Kotelly on November 30, 2017. (lcckk1) (Entered: 11/30/2017)
2017-12-0650RESPONSE TO ORDER OF THE COURT re Order, filed by FREEDOM WATCH. (Klayman, Larry) (Entered: 12/06/2017)
2017-12-1951MOTION for Discovery by FREEDOM WATCH (Attachments: # 1 Exhibit Exhibit 1, # 2 Exhibit Exhibit 2, # 3 Exhibit Exhibit 3)(Klayman, Larry) (Entered: 12/19/2017)
2017-12-20MINUTE ORDER: The Court has received Plaintiff's 51 Motion for Discovery. Defendants shall respond by JANUARY 3, 2018 . Plaintiff shall file its reply, if any, by JANUARY 10, 2018 . Signed by Judge Colleen Kollar-Kotelly on December 20, 2017. (lcckk1) (Entered: 12/20/2017)
2017-12-20Set/Reset Deadlines: Defendants' Response to 51 due by 1/3/2018; Plaintiff's Reply to 51 due by 1/10/2018. (dot) (Entered: 12/20/2017)
2017-12-2852MEMORANDUM IN OPPOSITION TO re 51 MOTION for Discovery filed by BUREAU OF LAND MANAGEMENT, U.S. DEPARTMENT OF JUSTICE. (Hendry, Melanie) Modified text on 12/29/2017 (td). (Entered: 12/28/2017)
2017-12-2853REPLY to opposition to motion re 51 MOTION for Discovery filed by FREEDOM WATCH. (Attachments: # 1 Exhibit Exhibit 1, # 2 Exhibit Exhibit 2, # 3 Exhibit Exhibit 3)(Klayman, Larry) (Entered: 12/28/2017)
2018-09-2554MEMORANDUM OPINION AND ORDER. In an exercise of its discretion, the Court DENIES Plaintiff's 51 Motion for Leave to Conduct Discovery. By OCTOBER 9, 2018 , the parties shall submit a Joint Status Report conveying their proposal for further proceedings. See Memorandum Opinion and Order for further details. Signed by Judge Colleen Kollar-Kotelly on September 25, 2018. (lcckk1) (Entered: 09/25/2018)
2018-09-25Set/Reset Deadlines: Joint Status Report due by 10/9/2018. (kt) (Entered: 09/25/2018)
2018-10-0255Consent MOTION for Extension of Time to File Joint Status Report by BUREAU OF LAND MANAGEMENT, U.S. DEPARTMENT OF JUSTICE (Hendry, Melanie) (Entered: 10/02/2018)
2018-10-05MINUTE ORDER: The Court has received Defendants' 55 Consent Motion for Extension of Time, with respect to the Joint Status Report due by October 9, 2018. See Mem. Op. and Order, ECF No. 54 , at 5. With Plaintiff's consent, the Court shall GRANT Defendants' 55 Consent Motion, for good cause shown. The Court shall continue the deadline for the parties' Joint Status Report until OCTOBER 19, 2018 . Signed by Judge Colleen Kollar-Kotelly on October 5, 2018. (lcckk1) (Entered: 10/05/2018)
2018-10-05Set/Reset Deadlines: Joint Status Report due by 10/19/2018. (dot) (Entered: 10/05/2018)
2018-10-1956Joint STATUS REPORT by BUREAU OF LAND MANAGEMENT, U.S. DEPARTMENT OF JUSTICE. (Hendry, Melanie) (Entered: 10/19/2018)
2018-11-0257STATUS REPORT by BUREAU OF LAND MANAGEMENT. (Attachments: # 1 Declaration of Ryan Witt)(Hendry, Melanie) (Entered: 11/02/2018)
2019-01-1758MOTION to Stay , MOTION for Extension of Time to All Deadlines by BUREAU OF LAND MANAGEMENT, U.S. DEPARTMENT OF JUSTICE (Pfaffenroth, Peter) (Entered: 01/17/2019)
2019-01-18MINUTE ORDER: The Court has received the 58 Motion to Stay Proceedings and for Extension of Time in Light of Lapse in Appropriations, which Plaintiff opposes. There are two defendants in this action, the Bureau of Land Management ("BLM") and the U.S. Department of Justice ("DOJ"). For the avoidance of doubt, DOJ is both a defendant and counsel to the defendants in this case. The Motion is styled as if submitted by a singular defendant, seemingly BLM, although the Motion observes that not only BLM but also DOJ have experienced a lapse in appropriations. The Motion seeks a stay retroactive to the beginning of the government shutdown on December 22, 2018. In an exercise of the Court's discretion, the Court shall GRANT the 58 Motion nunc pro tunc . Except as provided below, the Court shall STAY this case effective December 22, 2018. Although this Motion may have been styled also as a request for an extension, counsel does not identify what specifically should be extended. The parties shall file a notice within five business days of the restoration of DOJ's funding and the resumption of its operations. Counsel indicates that Freedom of Information Act ("FOIA") personnel at BLM have not been deemed essential. Counsel also indicates that attorneys at DOJ are furloughed, but counsel does not address whether DOJ personnel who may be responsible for processing Plaintiff's FOIA request to DOJ have been deemed essential. The Court understands that the Federal Bureau of Investigation ("FBI") may instead be handling this FOIA request to DOJ; counsel has not indicated either whether the FBI personnel who may be responsible for processing Plaintiff's FOIA request to DOJ have been deemed essential. To the extent that those DOJ and/or FBI personnel have been deemed essential, they should continue to process Plaintiff's respective FOIA request during the pendency of the lapse in appropriations so that, upon restoration of funding, this matter may proceed more promptly. Signed by Judge Colleen Kollar-Kotelly on January 18, 2019. (lcckk1) (Entered: 01/18/2019)
2019-02-1259ORDER. The Court shall LIFT the stay in this matter. The parties shall file a Joint Status Report by MARCH 5, 2019 , updating the Court regarding the FOIA processing in this case. See Order for further details, including as to the contents of that Report. Signed by Judge Colleen Kollar-Kotelly on February 12, 2019. (lcckk1) (Entered: 02/12/2019)
2019-02-12Set/Reset Deadlines: Joint Status Report due by 3/5/2019, updating the Court regarding the FOIA processing in this case. See Order for further details, including as to the contents of that Report. (dot) (Entered: 02/12/2019)
2019-03-0560Joint STATUS REPORT by BUREAU OF LAND MANAGEMENT, U.S. DEPARTMENT OF JUSTICE. (Hudak, Brian) (Entered: 03/05/2019)
2019-03-1261ORDER. By APRIL 11, 2019 , the parties shall file a further Joint Status Report identifying revised estimates for searches and productions regarding Plaintiff's request relating to Larry Wooten. See Order for further details. Signed by Judge Colleen Kollar-Kotelly on March 12, 2019. (lcckk1) (Entered: 03/12/2019)
2019-03-12Set/Reset Deadlines: Joint Status Report due by 4/11/2019 identifying revised estimates for searches and productions regarding Plaintiff's request relating to Larry Wooten. (dot) (Entered: 03/12/2019)
2019-04-1162Joint STATUS REPORT by BUREAU OF LAND MANAGEMENT, U.S. DEPARTMENT OF JUSTICE. (Hendry, Melanie) (Entered: 04/11/2019)
2019-04-12MINUTE ORDER: The Court has received the parties' 62 Joint Status Report, which indicates that the parties have taken some steps in response to Plaintiff's prioritization of documents pertaining to Mr. Wooten. See Order, ECF No. 61 . The parties shall meet and confer and file a further Joint Status Report by MAY 13, 2019 , regarding the status of searches and reviews focused on Mr. Wooten and proposing a schedule for further proceedings. Signed by Judge Colleen Kollar-Kotelly on April 12, 2019. (lcckk1) (Entered: 04/12/2019)
2019-04-12Set/Reset Deadlines: Joint Status Report due by 5/13/2019, regarding the status of searches and reviews focused on Mr. Wooten and proposing a schedule for further proceedings. (dot) (Entered: 04/15/2019)
2019-05-1363Joint STATUS REPORT by BUREAU OF LAND MANAGEMENT. (Hendry, Melanie) (Entered: 05/13/2019)
2019-05-16MINUTE ORDER: The Court has received the parties' 63 Joint Status Report. Previously the Federal Bureau of Investigation ("FBI") completed its search for documents pertaining to Mr. Wooten and did not find any within the relevant parameters. See Joint Status Report, ECF No. 62 , at 2. The latest 63 Joint Status Report does not add anything about FBI's search. The latest 63 Joint Status Report does, however, indicate that the Bureau of Land Management ("BLM") has now completed its search for documents pertaining to Mr. Wooten and expects to complete processing of potentially responsive documents within 60 to 90 days, although perhaps longer based on certain anticipated review. Plaintiff prefers that processing be completed within 45 days, due to "on-going legal proceedings within this time period." However, as the Court has noted before, when Plaintiff made its Freedom of Information Act requests, Plaintiff did not request expedited treatment, so its requests are not in that queue. Accordingly, the Court shall adopt BLM's proposal that the parties file a further Joint Status Report by no later than JULY 19, 2019 . That Report shall address the status of BLM's review and production and propose a schedule for further proceedings. No Status Conference, telephonic or otherwise, is necessary at this time. Signed by Judge Colleen Kollar-Kotelly on May 16, 2019. (lcckk1) (Entered: 05/16/2019)
2019-05-16Set/Reset Deadlines: Joint Status Report due by 7/19/2019. (dot) (Entered: 05/20/2019)
2019-05-1764MOTION for Reconsideration re Order,,,,, by FREEDOM WATCH (Attachments: # 1 Exhibit)(Klayman, Larry) (Entered: 05/17/2019)
2019-05-20MINUTE ORDER: The Court has received Plaintiff's 64 Motion for Reconsideration of the Court's Minute Order of May 16, 2019. This motion objects, in pertinent part, to the Court's adoption of the Bureau of Land Management's ("BLM") proposal that a further Joint Status Report be filed by no later than July 19, 2019, rather than adoption of Plaintiff's proposed processing timeline of 45 days. BLM shall respond by no later than MAY 28, 2019 . BLM shall address whether, within the 45 days (i.e., by June 27, 2019), it can make the production of documents pertaining to Mr. Wooten in full or, at a minimum, can produce documents on a rolling basis. Plaintiff's reply, if any, shall be submitted by no later than MAY 31, 2019 . Signed by Judge Colleen Kollar-Kotelly on May 20, 2019. (lcckk1) (Entered: 05/20/2019)
2019-05-20Set/Reset Deadlines: BLM shall respond to 64 by 5/28/2019. Plaintiff Reply, if any, due by 5/31/2019. (dot) (Entered: 05/21/2019)
2019-05-2465STATUS REPORT in Response to May 20, 2019 Order by BUREAU OF LAND MANAGEMENT. (Hendry, Melanie) (Entered: 05/24/2019)
2019-06-1166ORDER. The Court shall GRANT-in-PART and DENY-in-PART Plaintiff's 64 Motion for Reconsideration of the Court's Minute Order of May 16, 2019. The Bureau of Land Management ("BLM") shall make an interim release of responsive, non-exempt records concerning Mr. Wooten by no later than JUNE 27, 2019 . BLM shall attempt to complete production of any and all remaining responsive, non-exempt records concerning Mr. Wooten by the JULY 19, 2019 , deadline for the parties' next Joint Status Report. See Order for further details. Signed by Judge Colleen Kollar-Kotelly on June 11, 2019. (lcckk1) (Entered: 06/11/2019)
2019-06-11Set/Reset Deadlines: Joint Status Report due by 6/19/2019. (dot) (Entered: 06/12/2019)
2019-06-1867NOTICE to the Court of Submitting Updated FOIA Requests and Request that the Court Order Defendants to Supplement Their Production with the Updated FOIA Requests by FREEDOM WATCH (Attachments: # 1 Exhibit)(Klayman, Larry) (Entered: 06/18/2019)
2019-07-1968Joint STATUS REPORT by BUREAU OF LAND MANAGEMENT, U.S. DEPARTMENT OF JUSTICE. (Hendry, Melanie) (Entered: 07/19/2019)
2019-07-24MINUTE ORDER: The Court has received Plaintiff's 67 notice regarding additional Freedom of Information Act ("FOIA") requests submitted to certain government offices. The Court need not take any action regarding FOIA requests that are not the subject of this case. The Court has also received the parties' 68 Joint Status Report, which indicates that the Bureau of Land Management ("BLM") made the required interim production of responsive, non-exempt documents pertaining to Larry Wooten and expects to make the final such production by July 26, 2019. The Court shall not require BLM to produce a Vaughn index prematurely based on proceedings in other litigation, as urged by Plaintiff. Rather, the parties shall file a further Joint Status Report by AUGUST 2, 2019 , confirming the completion of BLM's production of documents pertaining to Mr. Wooten and proposing a schedule for further proceedings. Signed by Judge Colleen Kollar-Kotelly on July 24, 2019. (lcckk1) (Entered: 07/24/2019)
2019-07-24Set/Reset Deadlines: Joint Status Report due by 8/2/2019. (dot) (Entered: 07/24/2019)
2019-08-0269STATUS REPORT by BUREAU OF LAND MANAGEMENT, U.S. DEPARTMENT OF JUSTICE. (Hendry, Melanie) (Entered: 08/02/2019)
2019-08-0270STATUS REPORT by FREEDOM WATCH. (Klayman, Larry) (Entered: 08/02/2019)
2019-08-0771NOTICE OF SUBSTITUTION OF COUNSEL by John Moustakas on behalf of BUREAU OF LAND MANAGEMENT, U.S. DEPARTMENT OF JUSTICE Substituting for attorney Melanie Hendry (Moustakas, John) (Entered: 08/07/2019)
2020-04-2272Consent MOTION to Stay by BUREAU OF LAND MANAGEMENT, U.S. DEPARTMENT OF JUSTICE (Attachments: # 1 Declaration Declaration of Michael G. Seidel)(Moustakas, John) (Entered: 04/22/2020)
2020-04-27MINUTE ORDER: The Court has received 72 Defendant's Consent Motion to Stay Proceedings. Defendant explains that the Record/Information Dissemination Section (RIDS) is primarily responsible for processing and producing any responsive records in this matter, but due to the COVID-19 pandemic and related restrictions such as stay-at-home orders in the region, RIDS employees have been sent home. They do not have the ability to telework. Defendant seeks a stay because it cannot currently process and produce records and thus meet its processing deadlines. They hope that employees may return to work as of April 27, 2020, but that is not certain yet. Plaintiff consents to this request. Accordingly, the Court GRANTS Defendant's Motion. This case is STAYED pending further order of the Court. Defendant shall file a status report updating the Court on the first Monday that is two weeks after the resumption of normal operations by RIDS, or by June 1, 2020, whichever is sooner. Signed by Judge Colleen Kollar-Kotelly on April 27, 2020. (lccck1) (Entered: 04/27/2020)
2020-06-0673STATUS REPORT by BUREAU OF LAND MANAGEMENT, U.S. DEPARTMENT OF JUSTICE. (Moustakas, John) (Entered: 06/06/2020)
2020-06-08MINUTE ORDER: The Court has received 73 Defendant's Status Report. Defendant indicates that RIDS has returned to work, but on a limited basis. An interim response was issued to Plaintiff on May 8, 2020 and Plaintiff expects to continue issuing monthly rolling responses. It suggests that it submit another Status Report by no later than August 3, 2020. Defendant does not indicate Plaintiff's position in its Status Report. However, in light of the information regarding RIDS, the Court LIFTS the stay in this matter. See Apr. 27, 2020 Minute Order. The parties shall submit a Joint Status Report by no later than AUGUST 3, 2020 . Signed by Judge Colleen Kollar-Kotelly on June 8, 2020. (lccck1) (Entered: 06/08/2020)
2020-08-0374Consent MOTION for Extension of Time to File Joint Status Report by BUREAU OF LAND MANAGEMENT, U.S. DEPARTMENT OF JUSTICE (Moustakas, John) (Entered: 08/03/2020)
2020-08-04MINUTE ORDER: The Court has received 74 Defendant's Consent Motion to Extend Joint Status Report, which indicates that conflicting deadlines have delayed counsel's ability to obtain information needed for the Joint Status Report requested in the Court's June 8, 2020 Minute Order. In accordance with the June 8, 2020 Minute Order, the Joint Status Report was originally to be submitted by August 3, 2020. Defendants, on behalf of the parties, now request until August 10, 2020 to file the requested Joint Status Report. Defendants have indicated that Plaintiff consents to the Motion. The Court notes that Defendants have not complied with the Court's requirement that motions for extension be filed at least four business days in advance of the deadline. See 17 Order Establishing Procedures for Cases Assigned to Judge Colleen Kollar-Kotelly § 7. The Court expects the parties to file future motions for extension in accordance with this requirement. Regardless, based upon the representations in the Consent Motion, for good cause shown, and with Plaintiff's consent, the Court GRANTS the Motion. The parties shall submit a Joint Status Report by no later than AUGUST 10, 2020. Signed by Judge Colleen Kollar-Kotelly on August 4, 2020. (lcckk1) (Entered: 08/04/2020)
2020-08-04Set/Reset Deadlines: Joint Status Report due by 8/10/2020. (dot) (Entered: 08/04/2020)
2020-08-1075STATUS REPORT by BUREAU OF LAND MANAGEMENT, U.S. DEPARTMENT OF JUSTICE. (Moustakas, John) (Entered: 08/10/2020)
2020-08-11MINUTE ORDER: The Court has received Defendants' 75 Status Report. The parties shall submit an updated joint status report on or before DECEMBER 18, 2020 , which addresses the status of Defendants' ongoing document productions.Signed by Judge Colleen Kollar-Kotelly on August 11, 2020. (lcckk1) (Entered: 08/11/2020)
2020-08-11Set/Reset Deadlines: Joint Status Report due by 12/18/2020. (kt) (Entered: 08/11/2020)
2020-08-1176NOTICE of Appearance by Jonathon Alden Moseley on behalf of All Plaintiffs (Moseley, Jonathon) (Entered: 08/11/2020)
2020-08-1277MOTION to Withdraw as Attorney by FREEDOM WATCH (Klayman, Larry) (Entered: 08/12/2020)
2020-08-13MINUTE ORDER: The Court has received Mr. Larry Klayman's 77 Motion to Withdraw as Counsel, which states that Mr. Klayman has been suspended from the District of Columbia Bar. The Court GRANTS the 77 Motion to Withdraw as Counsel. The Court notes that Mr. Jonathon Moseley has filed 76 a notice of appearance to represent Plaintiff in this case. Signed by Judge Colleen Kollar-Kotelly on August 13, 2020. (lcckk1) (Entered: 08/13/2020)
2020-12-1878STATUS REPORT by FREEDOM WATCH. (Moseley, Jonathon) (Entered: 12/18/2020)
2020-12-1979STATUS REPORT by BUREAU OF LAND MANAGEMENT, U.S. DEPARTMENT OF JUSTICE. (Moustakas, John) (Entered: 12/19/2020)
2020-12-19MINUTE ORDER: The Court has received the parties' respective 78 79 Status Reports. The parties shall submit a joint status report by or before APRIL 16, 2021 to apprise the Court of case development and progress.Signed by Judge Colleen Kollar-Kotelly on December 19, 2020. (lcckk1) (Entered: 12/19/2020)
2020-12-21Set/Reset Deadlines: Joint Status Report due by 4/16/2021. (dot) (Entered: 12/22/2020)
2021-01-0480NOTICE of Appearance by Larry E. Klayman on behalf of FREEDOM WATCH (Klayman, Larry) (Entered: 01/04/2021)
2021-01-0481MOTION to Transfer Case by FREEDOM WATCH. (See Docket Entry 80 to view document). (znmw) (Entered: 01/06/2021)
2021-04-1682Joint STATUS REPORT by BUREAU OF LAND MANAGEMENT, U.S. DEPARTMENT OF JUSTICE. (Moustakas, John) (Entered: 04/16/2021)
2021-04-17MINUTE ORDER: The Court has received the parties' 82 Joint Status Report. As proposed therein, the parties shall submit another joint status report by or before AUGUST 16, 2021, to apprise the Court of case development and progress. Signed by Judge Colleen Kollar-Kotelly on April 17, 2021. (lcckk1) (Entered: 04/17/2021)
2021-04-17Set/Reset Deadlines: Joint Status Report due by 8/16/2021, to apprise the Court of case development and progress. (dot) (Entered: 04/19/2021)
2021-08-1683STATUS REPORT by BUREAU OF LAND MANAGEMENT, U.S. DEPARTMENT OF JUSTICE. (Moustakas, John) (Entered: 08/16/2021)
2021-08-16MINUTE ORDER: The Court has received and reviewed the 83 Status Report. As proposed therein, the parties shall submit a joint status report on or before December 16, 2021. Signed by Judge Colleen Kollar-Kotelly on August 16, 2021. (lcckk1) (Entered: 08/16/2021)
2021-08-16Set/Reset Deadlines: Joint Status Report due by 12/16/2021. (dot) (Entered: 08/17/2021)
2021-12-1684JOINT STATUS REPORT by BUREAU OF LAND MANAGEMENT, FREEDOM WATCH, and U.S. DEPARTMENT OF JUSTICE. (ztnr) (Entered: 12/17/2021)
2022-01-28MINUTE ORDER: On January 4, 2021, counsel Larry Klayman reentered his appearance in this case and "requested that this case be reassigned to another [c]ourt forthwith." ECF No. 80 at 1. On July 23, 2021, the United States District Court for the District of Columbia "suspended [Mr. Klayman] from the Bar of the United States District Court for the District of Columbia pending final resolution of the [disciplinary] proceedings before the DCCA and this Court." Final Order of Reciprocal Discipline at 5, In re Larry Klayman , AG No. 21-07 (D.D.C. July 23, 2021) (slip op.). Those proceedings remain pending. Accordingly, it is hereby ORDERED that Mr. Klayman's 80 Notice of Appearance is STRICKEN and his request for transfer is DENIED AS MOOT. Signed by Judge Colleen Kollar-Kotelly on January 28, 2022. (lcckk1) (Entered: 01/28/2022)
2022-03-1685STATUS REPORT by BUREAU OF LAND MANAGEMENT, U.S. DEPARTMENT OF JUSTICE. (Moustakas, John) (Entered: 03/16/2022)
2022-03-17MINUTE ORDER: The Court has reviewed Defendants' 85 Status Report. Per Defendants' representations, to the extent practicable, the parties shall continue to discuss this matter in advance of status report deadlines. However, if securing consent for a joint status report is impracticable, the parties shall file separate status reports, one for Plaintiff and one for Defendants. Signed by Judge Colleen Kollar-Kotelly on March 17, 2022. (lcckk1) (Entered: 03/17/2022)
2022-06-2386ORDER staying case. Further action required; see Order for details. The Clerk of Court is directed to mail a copy of this Order to Plaintiff at its address of record. Signed by Judge Colleen Kollar-Kotelly on June 23, 2022. (lcckk1) (Additional attachment(s) added on 6/24/2022: # 1 Virginia Disbarment Order) (znmw). Modified on 6/24/2022 to append Virginia disbarment order. (znmw). (Entered: 06/23/2022)
2022-06-2387NOTICE RE: FREEDOM OF INFORMATION ACT RELEASES by BUREAU OF LAND MANAGEMENT, U.S. DEPARTMENT OF JUSTICE (Moustakas, John) (Entered: 06/23/2022)
2022-06-2488NOTICE Of Representation For Plaintiff Freedom Watch by FREEDOM WATCH re 86 Order, (Moseley, Jonathon) (Entered: 06/24/2022)
2022-06-2489NOTICE of Appearance by Stephen Lee Sulzer on behalf of FREEDOM WATCH (Sulzer, Stephen) (Entered: 06/24/2022)
2022-06-24MINUTE ORDER: The Court is in receipt of counsel Sulzer's 89 Notice of Appearance on behalf of Plaintiff. As Plaintiff is now represented, the stay in this case is LIFTED . Additionally, given the change in counsel, the parties shall file a joint status report updating the Court on the status of productions on or before September 23, 2022 and every ninety days thereafter. Signed by Judge Colleen Kollar-Kotelly on June 24, 2022. (lcckk1) (Entered: 06/24/2022)
2022-06-2490NOTICE OF WITHDRAWAL OF APPEARANCE as to FREEDOM WATCH. Attorney Jonathon Alden Moseley terminated. (Moseley, Jonathon) (Entered: 06/24/2022)
2022-06-24Set/Reset Deadlines: Joint Status Report due by 9/23/2022. (dot) (Entered: 06/27/2022)
2022-09-2391Joint STATUS REPORT by FREEDOM WATCH. (Sulzer, Stephen) (Entered: 09/23/2022)
2023-01-2092Joint STATUS REPORT by USA by FREEDOM WATCH. (Sulzer, Stephen) Modified on 1/23/2023 to correct event (zjm). (Entered: 01/20/2023)
2023-05-1593MOTION to Withdraw as Attorney by FREEDOM WATCH. (Sulzer, Stephen) (Entered: 05/15/2023)
2023-05-1694ORDER granting 93 Motion to Withdraw as Attorney and dismissing case. The Clerk of Court is respectfully directed to mail a copy of this order to Plaintiff at its address of record and close this case. Signed by Judge Colleen Kollar-Kotelly on May 16, 2023. (lcckk1) (Entered: 05/16/2023)
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