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Case TitleCOLORADO WILD PUBLIC LANDS v. UNITED STATES FOREST SERVICE
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2021cv02802
Date Filed2021-10-21
Date ClosedOpen
JudgeJudge Christopher R. Cooper
PlaintiffCOLORADO WILD PUBLIC LANDS
Case DescriptionColorado Wild Public Lands submitted two FOIA requests to U.S. Forest Service for records concerning the Valle Seco Land Exchange. The agency acknowledged receipt of the requests and told CWPL that it could disclose records until the NEPA process was completed. CWPL filed administrative appeals of the denial. After hearing nothing further from the agency, CWPL filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Vaughn index, Litigation - Attorney's fees

DefendantUNITED STATES FOREST SERVICE
DefendantU.S. FOREST SERVICE
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
Complaint attachment 7
Complaint attachment 8
Opinion/Order [25]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2021-10-211COMPLAINT against UNITED STATES FOREST SERVICE ( Filing fee $ 402 receipt number ADCDC-8815986) filed by COLORADO WILD PUBLIC LANDS. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Civil Cover Sheet, # 5 Summons, # 6 Summons, # 7 Summons, # 8 Exhibit)(Kane, Maya) (Attachment 4 replaced on 10/25/2021) (adh, ). (Entered: 10/21/2021)
2021-10-252Case Assigned to Judge Christopher R. Cooper. (Entered: 10/25/2021)
2021-10-253LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by COLORADO WILD PUBLIC LANDS (adh, ) (Entered: 10/25/2021)
2021-10-254SUMMONS (3) Issued Electronically as to UNITED STATES FOREST SERVICE, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(adh, ) (Entered: 10/25/2021)
2021-11-095RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. COLORADO WILD PUBLIC LANDS served on 11/1/2021, RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 11/1/21., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 11/1/2021. ( Answer due for ALL FEDERAL DEFENDANTS by 12/1/2021.) (Attachments: # 1 Exhibit USFS Proof of Service, # 2 Exhibit US Attorney General Proof of Service)(Kane, Maya) (Entered: 11/09/2021)
2021-11-306MOTION for Extension of Time to Respond by UNITED STATES FOREST SERVICE. (Weiner, Blake) (Entered: 11/30/2021)
2021-12-01MINUTE ORDER granting 6 Motion for Extension of Time to Respond. It is hereby ORDERED that Defendant shall respond to the complaint by December 31, 2021. Signed by Judge Christopher R. Cooper on 12/1/2021. (lccrc1) (Entered: 12/01/2021)
2021-12-167MOTION to Expedite FOIA Litigation , MOTION for Scheduling Order Exepditing Summary Judgment Briefing by COLORADO WILD PUBLIC LANDS. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Text of Proposed Order)(Stills, Travis) (Entered: 12/16/2021)
2021-12-238Joint MOTION for Briefing Schedule by COLORADO WILD PUBLIC LANDS. (Attachments: # 1 Text of Proposed Order)(Kane, Maya) (Entered: 12/23/2021)
2021-12-249NOTICE OF SUBSTITUTION OF COUNSEL by Bradley Silverman on behalf of UNITED STATES FOREST SERVICE Substituting for attorney Blake A. Weiner (Silverman, Bradley) (Entered: 12/24/2021)
2021-12-3010ANSWER to Complaint by UNITED STATES FOREST SERVICE.(Silverman, Bradley) (Entered: 12/30/2021)
2022-01-0511ORDER granting 8 Motion for Briefing Schedule. The Court hereby sets the following briefing schedule: Dispositive Motions due by 2/4/2022. Response to Dispositive Motions and Cross Motions due by 3/7/2022. Response to Cross Motions and Reply to Dispositive Motions due by 4/6/2022. Reply to Cross Motions due by 4/20/2022. See full Order for details. Signed by Judge Christopher R. Cooper on 1/5/2022. (lccrc1) (Entered: 01/05/2022)
2022-02-0312Consent MOTION for Extension of Time to File Dispositive Motion by UNITED STATES FOREST SERVICE. (Silverman, Bradley) (Entered: 02/03/2022)
2022-02-04MINUTE ORDER granting 12 Motion for Extension of Time. The time for Defendant to file its dispositive motion, memorandum of points and authorities in support thereof, and statement of material facts as to which no genuine issue exists is extended to February 11, 2022. Signed by Judge Christopher R. Cooper on 2/4/2022. (lccrc1) (Entered: 02/04/2022)
2022-02-1113MOTION for Summary Judgment by UNITED STATES FOREST SERVICE. (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order, # 3 Statement of Facts, # 4 Declaration of Margaret Scofield)(Silverman, Bradley) (Entered: 02/11/2022)
2022-02-1214ERRATA by UNITED STATES FOREST SERVICE re 13 MOTION for Summary Judgment filed by UNITED STATES FOREST SERVICE. (Attachments: # 1 Memorandum in Support of Motion for Summary Judgment)(Silverman, Bradley) (Entered: 02/12/2022)
2022-02-2315Consent MOTION for Extension of Time to File Dispositive Motion by COLORADO WILD PUBLIC LANDS. (Attachments: # 1 Text of Proposed Order)(Kane, Maya) (Entered: 02/23/2022)
2022-02-24MINUTE ORDER granting 15 Motion for Extension of Time. It is hereby ORDERED that Plaintiff shall file its Opposition to Defendant's Motion for Summary Judgment and Cross Motion for Summary Judgment on or before April 1, 2021; Defendant shall file its reply and opposition on or before April 15, 2021; and Plaintiff shall file its reply on or before April 29, 2021. Signed by Judge Christopher R. Cooper on 2/24/2022. (lccrc1) (Entered: 02/24/2022)
2022-03-3116Consent MOTION for Extension of Time to File Cross Motion for Summary Judgment by COLORADO WILD PUBLIC LANDS. (Attachments: # 1 Text of Proposed Order)(Kane, Maya) (Entered: 03/31/2022)
2022-04-01MINUTE ORDER granting 16 Motion for Extension of Time. Plaintiff shall file its Opposition to Defendant's Motion for Summary Judgment and Cross Motion for Summary Judgment on or before May 2, 2022; Defendant shall file its reply and opposition on or before May 16, 2022; and Plaintiff shall file its reply on or before May 30, 2022. Signed by Judge Christopher R. Cooper on 4/1/2022. (lccrc1) (Entered: 04/01/2022)
2022-04-2917Consent MOTION for Extension of Time to File CROSS MOTION FOR SUMMARY JUDGMENT and OPPOSITION TO SUMMARY JUDGMENT by COLORADO WILD PUBLIC LANDS. (Attachments: # 1 Text of Proposed Order)(Kane, Maya) (Entered: 04/29/2022)
2022-05-02MINUTE ORDER granting 17 Motion for Extension of Time to File. The parties are encouraged to finalize their settlement agreement within the next 30 days. If no settlement is reached, the following deadlines shall apply: Plaintiff shall file its Opposition to Defendants Motion for Summary Judgment and Cross Motion for Summary Judgment on or before June 1, 2022; Defendant shall file its reply and opposition on or before June 14, 2022; and Plaintiff shall file its reply on or beforeJune 28, 2022. Signed by Judge Christopher R. Cooper on 4/29/2022. (lccrc1) (Entered: 05/02/2022)
2022-05-2518Consent MOTION for Extension of Time to File Cross Motion for Summary Judgment and Response by COLORADO WILD PUBLIC LANDS. (Attachments: # 1 Text of Proposed Order)(Kane, Maya) (Entered: 05/25/2022)
2022-06-01MINUTE ORDER: The Court will hold a Status Conference on June 2, 2022 at 02:00 PM via VTC before Judge Christopher R. Cooper. Video connection information will be emailed to the parties separately. Signed by Judge Christopher R. Cooper on 6/1/2022. (lccrc1) (Entered: 06/01/2022)
2022-06-02Minute Entry for Initial Scheduling Conference held before Judge Christopher R. Cooper on 6/2/2022. Forthcoming Order. (Court Reporter: Lisa Moreira) (lsj) (Entered: 06/03/2022)
2022-06-03MINUTE ORDER: For the reasons stated at the status conference held on June 2, 2022, the Court hereby strikes the 13 Motion for Summary Judgment without prejudice to refiling. The Court will therefore deny the 18 Motion for Extension of Time. It is further ordered that the parties shall file a Joint Status Report on or before June 9, 2022, informing the Court on the status of settlement. Signed by Judge Christopher R. Cooper on 6/2/2022. (lccrc1) (Entered: 06/03/2022)
2022-06-0819Joint STATUS REPORT by UNITED STATES FOREST SERVICE. (Silverman, Bradley) (Entered: 06/08/2022)
2022-06-10MINUTE ORDER: In light of the 19 Joint Status Report, the Court hereby enters the following briefing schedule: Plaintiff shall file its Motion to Enforce by June 16, 2022; Defendant shall file its response by June 30, 2022; Plaintiff's reply due by July 7, 2022. Signed by Judge Christopher R. Cooper on 6/10/2022. (lccrc1) (Entered: 06/10/2022)
2022-06-1620MOTION to Enforce Settlement Agreement by COLORADO WILD PUBLIC LANDS. (Attachments: # 1 Exhibit Settlement Agreement, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit, # 13 Exhibit, # 14 Exhibit, # 15 Text of Proposed Order)(Stills, Travis) (Entered: 06/16/2022)
2022-06-2921Consent MOTION for Extension of Time to Respond to Motion to Enforce by UNITED STATES FOREST SERVICE. (Silverman, Bradley) (Entered: 06/29/2022)
2022-07-06MINUTE ORDER granting 21 Motion for Extension of Time. Defendant shall file any response to Plaintiff's motion to enforce by July 7, 2022, and Plaintiff shall file any reply in support of its motion by July 14, 2022. Signed by Judge Christopher R. Cooper on 7/5/2022. (lccrc1) (Entered: 07/06/2022)
2022-07-0722RESPONSE re 20 MOTION to Enforce Settlement Agreement filed by UNITED STATES FOREST SERVICE. (Attachments: # 1 Declaration of Brian Hudak, # 2 Declaration of Heather Graham-Oliver, # 3 Exhibits A-R)(Silverman, Bradley) (Entered: 07/07/2022)
2022-07-1423REPLY to opposition to motion re 20 MOTION to Enforce Settlement Agreement filed by COLORADO WILD PUBLIC LANDS. (Attachments: # 1 Exhibit Replacement Copy of ECF 20-3 (Exhibit C))(Stills, Travis) (Entered: 07/14/2022)
2022-11-22MINUTE ORDER: In its 22 Response in Opposition to Plaintiff's Motion to Enforce in this case, the Forest Service filed a series of Exhibits, including empty cover pages for exhibits marked Exhibit N, Exhibit O, and Exhibit P. The Court hereby directs the Forest Service to clarify by Monday, November 28, 2022 whether those cover pages were included in error or, if not, to file the missing exhibits intended to accompany the cover pages. Signed by Judge Christopher R. Cooper on 11/22/2022. (lccrc1) (Entered: 11/22/2022)
2022-11-2224RESPONSE TO ORDER OF THE COURT re Order,,, Set Deadlines,, filed by UNITED STATES FOREST SERVICE. (Attachments: # 1 Corrected Response to Plaintiff's Motion to Compel, # 2 Corrected Appendix of Exhibits, # 3 Declaration of Brian P. Hudak, # 4 Declaration of Heather Graham-Oliver)(Silverman, Bradley) (Entered: 11/22/2022)
2022-11-2825MEMORANDUM OPINION AND ORDER denying Plaintiff's 20 Motion to Enforce Settlement Agreement. See full Memorandum Opinion and Order for details. Signed by Judge Christopher R. Cooper on 11/28/2022. (lccrc1) (Entered: 11/28/2022)
2022-11-2826MOTION for Summary Judgment by UNITED STATES FOREST SERVICE. (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Declaration of Margaret Scofield, # 4 Text of Proposed Order)(Silverman, Bradley) (Entered: 11/28/2022)
2022-11-30MINUTE ORDER: In light of the filing of Defendant's 26 Motion for Summary Judgment, the briefing schedule set forth in footnote 3 of the Court's November 28, 2022 Memorandum Opinion and Order is hereby modified as follows: Plaintiff shall file its opposition and cross-motion for summary judgment by December 29, 2022. Defendant shall file its reply and opposition by January 12, 2023. Plaintiff shall file its reply by January 26, 2023. Signed by Judge Christopher R. Cooper on 11/30/2022. (lccrc1) (Entered: 11/30/2022)
2022-11-3027MOTION for Extension of Time to File Response/Reply and File Cross Motion by COLORADO WILD PUBLIC LANDS. (Attachments: # 1 Text of Proposed Order)(Stills, Travis) (Entered: 11/30/2022)
2022-12-0128RESPONSE re 27 MOTION for Extension of Time to File Response/Reply and File Cross Motion filed by UNITED STATES FOREST SERVICE. (Silverman, Bradley) (Entered: 12/01/2022)
2022-12-05MINUTE ORDER: In light of Plaintiff's 27 Motion for Extension of Time to File a Response and Cross-Motion for Summary Judgment, the briefing schedule set forth in the Court's November 30, 2022 minute order is hereby modified as follows: Plaintiff shall file its opposition and cross-motion for summary judgment by January 13, 2023. Defendant shall file its reply and opposition by January 27, 2023. Plaintiff shall file its reply by February 10, 2023. Signed by Judge Christopher R. Cooper on 12/5/2022. (lccrc1) (Entered: 12/05/2022)
2023-01-1229RESPONSE re 26 MOTION for Summary Judgment filed by COLORADO WILD PUBLIC LANDS. (Attachments: # 1 Exhibit, # 2 Affidavit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit, # 13 Exhibit, # 14 Exhibit, # 15 Exhibit, # 16 Exhibit, # 17 Exhibit, # 18 Exhibit, # 19 Statement of Facts, # 20 Exhibit)(Stills, Travis) (Entered: 01/12/2023)
2023-01-1230Cross MOTION for Summary Judgment , MOTION for Declaratory Judgment , MOTION for Permanent Injunction by COLORADO WILD PUBLIC LANDS. (Attachments: # 1 Statement of Facts, # 2 Text of Proposed Order)(Stills, Travis) (Entered: 01/12/2023)
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