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Case TitleBlack Hills Clean Water Alliance v. U.S. Forest Service et al
DistrictDistrict of South Dakota
CityWestern Division
Case Number5:2021cv05072
Date Filed2021-10-21
Date ClosedOpen
JudgeU.S. District Judge Lawrence L. Piersol
PlaintiffBlack Hills Clean Water Alliance
Case DescriptionThe Black Hills Clean Water Alliance submitted a FOIA request to U.S. Forest Service for records concerning exploratory gold drilling in the Northern Hills. The agency acknowledged request and disclosed records in PDF form and posted many records to its website. However, a number of records were withheld. BHCWA filed an administrative appeal. The agency responded to the appeal by upholding its original decision. BHCWA then filed suit.
Complaint issues: Search, Litigation - Vaughn index, Litigation - Attorney's fees

DefendantU.S. Forest Service an agency of the United States
DefendantU.S. Department of Agriculture an agency of the United States
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Opinion/Order [42]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2021-10-211COMPLAINT, $402 fee paid, receipt# ASDDC-3654483, in shell case on 10/21/21 filed by Black Hills Clean Water Alliance on 10/21/21. (Attachments: # 1 Exhibit 1 - FOIA, # 2 Exhibit 2 - Public Meeting Materials, # 3 Exhibit 3- F3 POO, # 4 Exhibit 4 - Regional FS FOIA Response) (SLW) (Entered: 10/22/2021)
2021-10-262MOTION for Attorney Jeffrey Parsons to be Admitted Pro Hac Vice (paid $100 PHV fee; receipt number ASDDC-3657392) by Black Hills Clean Water Alliance. (Ellison, Bruce) (Entered: 10/26/2021)
2021-10-263MOTION for Attorney Travis Stills to be Admitted Pro Hac Vice (paid $100 PHV fee; receipt number ASDDC-3657406) by Black Hills Clean Water Alliance. (Ellison, Bruce) (Entered: 10/26/2021)
2021-10-264REQUEST FOR ISSUANCE OF SUMMONS (BLACK HILLS CLEAN WATER ALLIANCE vs. US FOREST SERVICE). (Ellison, Bruce) Modified on 10/26/2021 to remove restriction.(CLR) (Entered: 10/26/2021)
2021-10-265Summonses Issued as to USA. Summmons(es), AO 85, and Rule 73 Memo delivered to plaintiff's counsel via electronic delivery to plaintiffs attorney. (Attachments: # 1 Summonses Issued, # 2 AO 85)(CLR) (Entered: 10/26/2021)
2021-10-276ORDER granting 2 Motion for Admission Pro Hac Vice of Attorney Jeffrey C. Parsons for Black Hills Clean Water Alliance. Signed by U.S. District Judge Lawrence L. Piersol on 10/27/2021. (VMM) (Entered: 10/27/2021)
2021-10-277ORDER granting 3 Motion for Admission Pro Hac Vice of Attorney Travis E. Stills for Black Hills Clean Water Alliance. Signed by U.S. District Judge Lawrence L. Piersol on 10/27/2021. (VMM) (Entered: 10/27/2021)
2021-11-088CERTIFICATE OF SERVICE by Black Hills Clean Water Alliance . (Ellison, Bruce) (Entered: 11/08/2021)
2021-12-019NOTICE of Appearance by Alison J. Ramsdell on behalf of All Defendants. (Ramsdell, Alison) (Entered: 12/01/2021)
2021-12-2310ANSWER to 1 Complaint, by All Defendants. (Ramsdell, Alison) (Entered: 12/23/2021)
2022-01-1811ORDER for Discovery Report and Scheduling Information. Signed by U.S. District Judge Lawrence L. Piersol on 01/18/2022. (Attachments: # 1 Letter to Counsel)(VMM) (Entered: 01/18/2022)
2022-02-1612Discovery Report re 11 Order for Discovery Report Report of the Parties' Planning Meeting by Black Hills Clean Water Alliance. Related document: 11 Order for Discovery Report.(Ellison, Bruce) (Entered: 02/16/2022)
2022-04-0613RULE 16 SCHEDULING ORDER: Discovery due by 5/2/2022 Motions due by 5/16/2022. Court Trial set for 9/22/2022 at 09:00 AM in Rapid City Courtroom 2 - Room 236 before U.S. District Judge Lawrence L. Piersol.. Signed by U.S. District Judge Lawrence L. Piersol on 04/06/2022. (VMM) (Entered: 04/06/2022)
2022-04-1514SCHEDULING ORDER: Settlement Conference set for 4/25/2022 at 01:00 PM in Sioux Falls Grand Jury Room - Room 124B before US Magistrate Judge Veronica L. Duffy. Signed by US Magistrate Judge Veronica L. Duffy on 4/15/2022. (PM) (Entered: 04/15/2022)
2022-04-22Settlement Conference Canceled***Hearings terminated (Duffy, Veronica) (Entered: 04/22/2022)
2022-04-2515SCHEDULING ORDER: Settlement Conference set for 6/28/2022 at 09:30 AM in Sioux Falls Magistrate Chambers - Room 119 before US Magistrate Judge Veronica L. Duffy. Signed by US Magistrate Judge Veronica L. Duffy on 4/25/22. (Duffy, Veronica) (Entered: 04/25/2022)
2022-05-1616MOTION to Extend Deadlines by U.S. Department of Agriculture, U.S. Forest Service. (Ramsdell, Alison) (Entered: 05/16/2022)
2022-05-1817Amended Rule 16 Scheduling Order. Motions due by 7/14/2022. Court Trial set for 9/22/2022 at 09:00 AM in Rapid City Courtroom 2 - Room 236 before U.S. District Judge Lawrence L. Piersol. Signed by U.S. District Judge Lawrence L. Piersol on 05/18/2022. (VMM) Modified on 5/18/2022 (VMM). (Entered: 05/18/2022)
2022-06-2818Settlement Conference held on 6/28/2022 before US Magistrate Judge Veronica L. Duffy. The parties did not succeed in settling their claims. (Duffy, Veronica) (Entered: 06/28/2022)
2022-07-1419MOTION for SUMMARY JUDGMENT by U.S. Department of Agriculture, U.S. Forest Service. (Ramsdell, Alison) (Entered: 07/14/2022)
2022-07-1420MEMORANDUM in Support re 19 MOTION for SUMMARY JUDGMENT filed by U.S. Department of Agriculture, U.S. Forest Service. (Ramsdell, Alison) (Entered: 07/14/2022)
2022-07-1421STATEMENT OF UNDISPUTED MATERIAL FACTS re 19 Motion for Summary Judgment filed by U.S. Department of Agriculture, U.S. Forest Service. (Ramsdell, Alison) (Entered: 07/14/2022)
2022-07-1422(FILED IN ERROR) DECLARATION of Margaret Scofield re 19 MOTION for SUMMARY JUDGMENT. (Attachments: # 1 Exhibit A-BHCWA FOIA Request, # 2 Exhibit B-Response to Expedited Request, # 3 Exhibit C-Partial Response, # 4 Exhibit D-Final Determination) (Ramsdell, Alison) Modified on 7/15/2022 (CLR). (Entered: 07/15/2022)
2022-07-1523(FILED IN ERROR) DECLARATION of Margaret Scofield re 19 MOTION for SUMMARY JUDGMENT (duplicate declaration with additional exhibits). (Attachments: # 1 Exhibit E-BHCWA FOIA Appeal, # 2 Exhibit F-Status Email, # 3 Exhibit G-Partial Appeal Response, # 4 Exhibit H-BHCWA Reply Email, # 5 Exhibit I-Harke Reply Email, # 6 Exhibit J-BHCWA Confirmation Email, # 7 Exhibit K-Scofield Reply Email, # 8 Exhibit L-Final Response Letter, # 9 Exhibit M-Vaughn Index, # 10 Exhibit N-Redacted Disclosures) (Ramsdell, Alison) Modified on 7/15/2022 (CLR). (Entered: 07/15/2022)
2022-07-15NOTICE of Filing Error: 22 Declaration and 23 Declaration were filed in error and should be disregarded. (Ramsdell, Alison) (Entered: 07/15/2022)
2022-07-1524DECLARATION of MARGARET SCOFIELD re 19 MOTION for SUMMARY JUDGMENT . (Attachments: # 1 Exhibit A - BHCWA FOIA Request, # 2 Exhibit B - Response to Expedited Request, # 3 Exhibit C - Partial Response, # 4 Exhibit D - Final Determination, # 5 Exhibit E - BHCWA FOIA Appeal, # 6 Exhibit F - Status Email, # 7 Exhibit G - Partial Appeal Response, # 8 Exhibit H - BHCWA Reply Email, # 9 Exhibit I - Harke Reply Email, # 10 Exhibit J - BHCWA Confirmation Email, # 11 Exhibit K - Scofield Reply Email, # 12 Exhibit L - Final Response Letter, # 13 Exhibit M - Vaughn Index, # 14 Exhibit N - Redacted Disclosures) (Ramsdell, Alison) (Entered: 07/15/2022)
2022-07-2725SECOND AMENDED RULE 16 SCHEDULING ORDER: Motion Hearing set for 9/6/2022 at 02:00 PM in Rapid City Courtroom 2 - Room 236 before U.S. District Judge Lawrence L. Piersol Signed by U.S. District Judge Lawrence L. Piersol on 7/26/2022. (DJP) (Entered: 07/27/2022)
2022-08-0326MOTION to Extend Deadlines by Black Hills Clean Water Alliance. (Ellison, Bruce) (Entered: 08/03/2022)
2022-08-0427RESPONSE to Motion re 26 MOTION to Extend Deadlines filed by All Defendants. (Ramsdell, Alison) (Entered: 08/04/2022)
2022-08-1028ORDER granting 26 Motion to Extend Deadlines. Plaintiff may serve and file a reply brief by 8/11/2022. Signed by U.S. District Judge Lawrence L. Piersol on 08/10/2022. (VMM) (Entered: 08/10/2022)
2022-08-1129RESPONSE to Motion re 19 MOTION for SUMMARY JUDGMENT filed by Black Hills Clean Water Alliance. (Ellison, Bruce) (Entered: 08/11/2022)
2022-08-1130(FILED IN ERROR) DECLARATION of BRUCE ELLISON re 29 Response to Motion for Summary Judgment . (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit) (Ellison, Bruce) Modified on 8/12/2022 (CLR). (Entered: 08/11/2022)
2022-08-1131RESPONSE to 21 Statement of Undisputed Material Facts filed by Black Hills Clean Water Alliance. (Ellison, Bruce) Modified on 9/13/2022 to correct link per chambers. (CLR) (Entered: 08/11/2022)
2022-08-12NOTICE of Filing Error: 30 Declaration was filed in error and should be disregarded. (Ellison, Bruce) (Entered: 08/12/2022)
2022-08-1232DECLARATION of BRUCE ELLISON re 29 Response to Motion for Summary Judgment . (Attachments: # 1 Exhibit Forest Service Initial Rule 26 Disclosures, # 2 Exhibit FS FOIA Email and Forms, # 3 Exhibit Declaration of Dr. Jarding, # 4 Exhibit Emails RE Discovery Scheduling Issues, # 5 Exhibit Plaintiff's Rule 26 Disclosures, # 6 Exhibit Defendant's Letter RE Production BHCWA v. USFS Case No. 5:20-cv-5034) (Ellison, Bruce) (Entered: 08/12/2022)
2022-08-2533Unopposed MOTION to Extend Deadlines to Extend Reply Deadline by U.S. Department of Agriculture, U.S. Forest Service. (Ramsdell, Alison) (Entered: 08/25/2022)
2022-08-2934REPLY to Motion Response re 19 MOTION for SUMMARY JUDGMENT filed by All Defendants. (Ramsdell, Alison) (Entered: 08/29/2022)
2022-08-2936ORDER granting 33 Motion to Extend Deadlines. Signed by U.S. District Judge Lawrence L. Piersol on 08/29/2022. (VMM) (Entered: 08/30/2022)
2022-08-3035ORDER re 25 Scheduling Order. Signed by U.S. District Judge Lawrence L. Piersol on 08/30/2022. (VMM) (Entered: 08/30/2022)
2022-08-3037ORDER. Signed by U.S. District Judge Lawrence L. Piersol on 08/30/2022. (VMM) (Entered: 08/30/2022)
2022-08-31Reset Hearing (location only): Motion Hearing set for 9/6/2022 at 02:00 PM in Rapid City Courtroom 1 - Room 301 before U.S. District Judge Lawrence L. Piersol (TAL) (Entered: 08/31/2022)
2022-09-0638Motion Hearing held on 9/6/2022 re 19 MOTION for SUMMARY JUDGMENT filed by U.S. Department of Agriculture, U.S. Forest Service before U.S. District Judge Lawrence L. Piersol.. (Court Reporter: Connie Heckenlaible) (SLT) (Entered: 09/06/2022)
2022-09-0939MOTION for Leave to Supplement Record by U.S. Department of Agriculture, U.S. Forest Service. (Attachments: # 1 Exhibit A - PROPOSED Second Scofield Declaration, # 2 Exhibit B - PROPOSED Supplemental Vaughn Index) (Ramsdell, Alison) (Entered: 09/09/2022)
2022-09-0940DECLARATION of Alison J. Ramsdell re 39 MOTION for Leave to Supplement Record . (Attachments: # 1 Exhibit A - Emails re: recent search, extension, # 2 Exhibit B - Email correspondence re: supplemental disclosure, # 3 Exhibit C - Email correspondence re: motion for leave to supplement, # 4 Exhibit D - Email correspondence attaching supplemental disclosure) (Ramsdell, Alison) (Entered: 09/09/2022)
2022-09-1541RESPONSE to Motion re 39 MOTION for Leave to Supplement Record filed by Black Hills Clean Water Alliance. (Ellison, Bruce) (Entered: 09/15/2022)
2022-09-2142ORDER. Signed by U.S. District Judge Lawrence L. Piersol on 09/21/2022. (MSB) (Entered: 09/21/2022)
2022-09-2143ORDER granting 39 Motion for Leave to to Supplement Record. Signed by U.S. District Judge Lawrence L. Piersol on 09/21/2022. (MSB) (Entered: 09/21/2022)
2022-09-2844First MOTION to Extend Discovery by Three Days by Black Hills Clean Water Alliance. (Ellison, Bruce) (Entered: 09/28/2022)
2022-09-2945ORDER granting 44 Motion to Extend. Signed by U.S. District Judge Lawrence L. Piersol on 09/29/2022. (MSB) (Entered: 09/29/2022)
2022-11-2346TRANSCRIPT OF MOTIONS HEARING (Motion for Summary Judgment ) re 38 held on September 6, 2022 before Judge Lawrence L. Piersol. Court Reporter: Connie Heckenlaible, Telephone number: 605-945-4627. Transcript may be viewed at the Clerk's Office public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. The parties have twenty-one (21) calendar days to file a Redaction Request of this transcript. Release of Transcript Restriction set for 2/22/2023. (CJH) (Entered: 11/23/2022)
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