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Case TitleWildEarth Guardians v. Bureau of Land Management
DistrictDistrict of New Mexico
CityAlbuquerque
Case Number1:2021cv01218
Date Filed2021-12-27
Date Closed2022-07-28
JudgeMagistrate Judge Kevin R. Sweazea
PlaintiffWildEarth Guardians
Case DescriptionWildEarth Guardians submitted a FOIA request to the Bureau of Land Management for records concerning grazing permits for the Rio Puerco Resource Area. The agency acknowledged receipt of the request but after hearing nothing further from the agency, WildEarth Guardians filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantU.S. Bureau of Land Management
DefendantKymm Gresset Field Manager of BLM's Rio Puerco Field Office
DefendantKymm Gresset Field Manager of BLM's Rio Puerco Field Office
TERMINATED: 03/23/2022
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
Complaint attachment 9
Complaint attachment 10
Complaint attachment 11
Complaint attachment 12
Complaint attachment 13
Opinion/Order [12]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2021-12-271COMPLAINT for FOIA Relief against All Defendants ( Filing Fee - Online Payment), filed by WildEarth Guardians. (Attachments: # 1 Exhibit Public Law, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit Expert Report, # 6 Exhibit Bureau Reclamation report, # 7 Exhibit the Saltcedar EA, # 8 Exhibit trespass documentation, # 9 Exhibit Court's prior Order, # 10 Exhibit Court's prior Order, # 11 Exhibit IBLA 2016-203, # 12 Exhibit FOIA letter Nov. 12, # 13 Exhibit FOIA letter Dec. 6)(Childress, Sidney) (Entered: 12/27/2021)
2021-12-27Filing and Administrative Fees Received: $ 402 receipt number ANMDC-8049585 re 1 Complaint,, filed by WildEarth Guardians (Payment made via Pay.gov)(Childress, Sidney) (Entered: 12/27/2021)
2021-12-272NOTICE by WildEarth Guardians re 1 Complaint,, Civil Cover Sheet (Childress, Sidney) (Entered: 12/27/2021)
2021-12-28United States Magistrate Judge Kevin R. Sweazea and United States Magistrate Judge Laura Fashing assigned. (dr) (Entered: 12/28/2021)
2021-12-283PLEASE TAKE NOTICE that this case has been randomly assigned to United States Magistrate Judge Kevin R. Sweazea to conduct dispositive proceedings in this matter, including motions and trial. Appeal from a judgment entered by a Magistrate Judge will be to the United States Court of Appeals for the Tenth Circuit. It is the responsibility of the case filer to serve a copy of this Notice upon all parties with the summons and complaint. Consent is strictly voluntary, and a party is free to withhold consent without adverse consequences. Should a party choose to consent, notice should be made no later than 21 days after entry of the Order setting the Rule 16 Initial Scheduling Conference. For e-filers, visit our Web site at www.nmd.uscourts.gov for more information and instructions. [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (dr) (Entered: 12/28/2021)
2021-12-284Corporate Disclosure Statement by WildEarth Guardians (Childress, Sidney) (Entered: 12/28/2021)
2021-12-28Summons Issued as to Kymm Gresset, U.S. Bureau of Land Management. (dr) (Entered: 12/28/2021)
2022-02-095AFFIDAVIT of Service for Summons & Complaint served on Defendants on January 3, 2022, filed by WildEarth Guardians. (Childress, Sidney) (Entered: 02/09/2022)
2022-02-096CONSENT TO PROCEED Before a U.S. Magistrate Judge. Under 28 U.S.C. 636(c) and Fed.R.Civ.P. 73(b), WildEarth Guardians voluntarily consent(s) to have United States Magistrate Judge Kevin R. Sweazea conduct dispositive proceedings in this matter, including motions and trial, and order the entry of final judgment. (Childress, Sidney) [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (Entered: 02/09/2022)
2022-03-027ANSWER to 1 Complaint,, by Kymm Gresset, U.S. Bureau of Land Management. Related document: 1 Complaint,, filed by WildEarth Guardians.(Lucero, Manuel) (Entered: 03/02/2022)
2022-03-028CONSENT TO PROCEED Before a U.S. Magistrate Judge. Under 28 U.S.C. 636(c) and Fed.R.Civ.P. 73(b), Kymm Gresset, U.S. Bureau of Land Management voluntarily consent(s) to have United States Magistrate Judge Kevin R. Sweazea conduct dispositive proceedings in this matter, including motions and trial, and order the entry of final judgment. (Lucero, Manuel) [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (Entered: 03/02/2022)
2022-03-039NOTICE OF RULE 73 CONSENT Received by All Parties. Related documents: 6 Consent to Proceed Before a U.S. Magistrate Judge, filed by WildEarth Guardians, 8 Consent to Proceed Before a U.S. Magistrate Judge, filed by Kymm Gresset, U.S. Bureau of Land Management. [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (bw) (Entered: 03/03/2022)
2022-03-0310ORDER by Magistrate Judge Laura Fashing. Status Conference set for 3/28/2022 at 02:30 PM in Albuquerque - Telephonic Hearing/Conference before Magistrate Judge Laura Fashing. (cda) (Entered: 03/03/2022)
2022-03-2211Unopposed MOTION to Amend/Correct 1 Complaint,, caption , MOTION to Dismiss Party by Kymm Gresset, U.S. Bureau of Land Management. (Lucero, Manuel) (Entered: 03/22/2022)
2022-03-2312ORDER by Magistrate Judge Kevin R. Sweazea granting 11 Unopposed Motion to Dismiss Individual Defendant and Amend Caption. Defendant Kymm Gresset (Field Manager of BLM's Rio Puerco Field Office) terminated. (atc) (Entered: 03/23/2022)
2022-03-2413NOTICE of Appearance by Manuel Lucero on behalf of U.S. Bureau of Land Management (Lucero, Manuel) (Entered: 03/24/2022)
2022-03-2814Clerk's Minutes for proceedings held before Magistrate Judge Laura Fashing: Status Conference held on 3/28/2022. (cda) (Entered: 03/28/2022)
2022-03-2815ORDER by Magistrate Judge Laura Fashing. Status Conference set for 5/31/2022 at 02:00 PM in Albuquerque - Telephonic Hearing/Conference before Magistrate Judge Laura Fashing. (cda) (Entered: 03/28/2022)
2022-05-3116Clerk's Minutes for proceedings held before Magistrate Judge Laura Fashing: Status Conference held on 5/31/2022. (Recording Info: Liberty) (cda) (Entered: 05/31/2022)
2022-05-3117ORDER by Magistrate Judge Laura Fashing. Status Conference set for 7/18/2022 at 02:30 PM in Albuquerque - Telephonic Hearing/Conference before Magistrate Judge Laura Fashing. (cda) (Entered: 05/31/2022)
2022-06-0118ORDER TO SHOW CAUSE by Magistrate Judge Laura Fashing. Show Cause Response due by 6/10/2022. (cda) (Entered: 06/01/2022)
2022-06-0619RESPONSE re 18 Order to Show Cause filed by WildEarth Guardians. (Childress, Sidney) (Entered: 06/06/2022)
2022-06-0720ORDER QUASHING 18 Order to Show Cause by Magistrate Judge Laura Fashing. Plaintiff has fulfilled the requirements in the Order to Show Cause to the Court's satisfaction and no sanctions will be imposed at this time. [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (cda) (Entered: 06/07/2022)
2022-07-1821Clerk's Minutes for proceedings held before Magistrate Judge Laura Fashing: Status Conference held on 7/18/2022. (cda) (Entered: 07/18/2022)
2022-07-1822ORDER by Magistrate Judge Laura Fashing. Status Conference set for 8/29/2022 at 02:30 PM in Albuquerque - Telephonic Hearing/Conference before Magistrate Judge Laura Fashing. (cda) (Entered: 07/18/2022)
2022-07-2823NOTICE of Voluntary Dismissal of Case by WildEarth Guardians (Childress, Sidney) (Entered: 07/28/2022)
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by FOIA Project Staff
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