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Case TitleNew Mexico Cattle Growers Association v. United States Department of Agriculture et al
DistrictDistrict of New Mexico
CityAlbuquerque
Case Number1:2023cv00396
Date Filed2023-05-08
Date Closed2023-12-05
JudgeMagistrate Judge John F. Robbenhaar
PlaintiffNew Mexico Cattle Growers Association
Case DescriptionThe New Mexico Cattle Growers Association submitted a FOIA request to the Department of Agriculture for records concerning aerial gunning of livestock in the Gila National Forest and Gila Wilderness on or about February 14, 2022. The agency acknowledged receipt of the request but after hearing nothing further from the agency, NMCGA filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Attorney's fees

DefendantUnited States Department of Agriculture
DefendantUnited States Forest Service
DefendantUnited States Animal and Plant Health Inspection Service
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2023-05-081COMPLAINT against All Defendants ( Filing Fee - Online Payment), filed by New Mexico Cattle Growers Association. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit Attachment 1)(Jensen, Brandon) (Entered: 05/08/2023)
2023-05-08Filing and Administrative Fees Received: $ 402 receipt number ANMDC-8814510 re 1 Complaint filed by New Mexico Cattle Growers Association (Payment made via Pay.gov)(Jensen, Brandon) (Entered: 05/08/2023)
2023-05-08United States Magistrate Judge John F. Robbenhaar and United States Magistrate Judge Steven C. Yarbrough assigned. (bc) Modified on 5/9/2023 (bc). (Entered: 05/08/2023)
2023-05-082PLEASE TAKE NOTICE that this case has been randomly assigned to United States Magistrate Judge John F. Robbenhaar 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.] (bc) (Entered: 05/08/2023)
2023-05-083ASSOCIATION of Attorney Licensed Outside the District for Plaintiff New Mexico Cattle Growers Association by Brandon L. Jensen on behalf of: Karen Budd-Falen Budd Falen Law Offices 300 East 18th Street Cheyenne, WY 82003 3076325105 karen@buddfalen.com (Association Dues - Online Payment) (Jensen, Brandon) [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (Entered: 05/08/2023)
2023-05-08Association Dues Received: $ 100 receipt number ANMDC-8814609 re: # 3 Association of Attorney Licensed Outside the District, filed by New Mexico Cattle Growers Association (Payment made via Pay.gov)(Jensen, Brandon) (Entered: 05/08/2023)
2023-05-084NOTICE by New Mexico Cattle Growers Association re 3 Association of Attorney Licensed Outside the District, (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit) (Jensen, Brandon) (Entered: 05/08/2023)
2023-05-09Summons Issued as to United States Animal and Plant Health Inspection Service, United States Department of Agriculture, United States Forest Service, U.S. Attorney and U.S. Attorney General (bc) (Entered: 05/09/2023)
2023-05-19Summons Issued as to U.S. Attorney (jg) (Entered: 05/19/2023)
2023-05-19Summons Issued as to U.S. Attorney General (jg) (Entered: 05/19/2023)
2023-05-315**FILED IN ERROR** SUMMONS Returned Executed by New Mexico Cattle Growers Association. United States Animal and Plant Health Inspection Service served on 5/15/2023, answer due 6/5/2023. (Budd-Falen, Karen) Modified on 5/31/2023-Filed in Error per K.Budd-Falen (cmm). (Entered: 05/31/2023)
2023-05-316SUMMONS Returned Executed by New Mexico Cattle Growers Association. United States Animal and Plant Health Inspection Service served on 5/15/2023, answer due 7/14/2023. (Budd-Falen, Karen) (Entered: 05/31/2023)
2023-05-317SUMMONS Returned Executed by New Mexico Cattle Growers Association. United States Department of Agriculture served on 5/16/2023, answer due 7/17/2023. (Budd-Falen, Karen) (Entered: 05/31/2023)
2023-05-318ACKNOWLEDGEMENT OF SERVICE Executed 5/24/2023 Acknowledgement filed by New Mexico Cattle Growers Association. (Budd-Falen, Karen) (Entered: 05/31/2023)
2023-05-319NOTICE of Appearance by Manuel Lucero on behalf of United States Animal and Plant Health Inspection Service, United States Department of Agriculture, United States Forest Service (Lucero, Manuel) (Entered: 05/31/2023)
2023-05-3110Unopposed MOTION for Extension of Time to File Answer re 1 Complaint by United States Animal and Plant Health Inspection Service, United States Department of Agriculture, United States Forest Service. (Lucero, Manuel) (Entered: 05/31/2023)
2023-05-3111ORDER by Magistrate Judge Steven C. Yarbrough granting 10 Motion for Extension of Time to Answer. Defendants' answer due 7/14/2023. (kfo) (Entered: 05/31/2023)
2023-07-0712ACKNOWLEDGEMENT OF SERVICE Executed as to 1 Complaint, Summons Issued as to USA Acknowledgement filed by New Mexico Cattle Growers Association. (Budd-Falen, Karen) (Entered: 07/07/2023)
2023-07-1413ANSWER to 1 Complaint by United States Animal and Plant Health Inspection Service, United States Department of Agriculture, United States Forest Service. Related document: 1 Complaint filed by New Mexico Cattle Growers Association.(Lucero, Manuel) (Entered: 07/14/2023)
2023-07-1714INITIAL SCHEDULING ORDER: by Magistrate Judge Steven C. Yarbrough. Joint Status Report due by 8/18/2023. Telephonic Scheduling Conference set for 8/29/2023 at 11:30 AM before Magistrate Judge Steven C. Yarbrough. Unless otherwise notified by the Clerk or the Court a notice of consent or non-consent for this case to proceed before the trial Magistrate Judge should be submitted by each party no later than 8/7/2023. (kfo) (Entered: 07/17/2023)
2023-07-2615REMINDER OF CONSENT SUBMISSION DEADLINE: Pursuant to Fed. R. Civ. P. 73(b)(2), the parties are reminded that a magistrate judge was assigned as the trial judge in this matter under 28 U.S.C. 636(c). The parties are advised that the Clerk will reassign this matter to a district judge as the trial judge no later than 12 days from the entry of this notice unless consents from all parties have been filed. The parties are free to withhold consent. If you have already entered your consent, you need not resubmit. (ajp) [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (Entered: 07/26/2023)
2023-07-2716CONSENT TO PROCEED Before a U.S. Magistrate Judge. Under 28 U.S.C. 636(c) and Fed.R.Civ.P. 73(b), United States Animal and Plant Health Inspection Service, United States Department of Agriculture, United States Forest Service voluntarily consent(s) to have United States Magistrate Judge John F. Robbenhaar 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: 07/27/2023)
2023-07-2717CONSENT TO PROCEED Before a U.S. Magistrate Judge. Under 28 U.S.C. 636(c) and Fed.R.Civ.P. 73(b), New Mexico Cattle Growers Association voluntarily consent(s) to have United States Magistrate Judge John F. Robbenhaar conduct dispositive proceedings in this matter, including motions and trial, and order the entry of final judgment. (Budd-Falen, Karen) [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (Entered: 07/27/2023)
2023-07-2818NOTICE OF RULE 73 CONSENT Received by All Parties. Related documents: 16 Consent to Proceed Before a U.S. Magistrate Judge,, filed by United States Animal and Plant Health Inspection Service, United States Forest Service, United States Department of Agriculture, 17 Consent to Proceed Before a U.S. Magistrate Judge, filed by New Mexico Cattle Growers Association. [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (dr) (Entered: 07/28/2023)
2023-08-0819Joint Status Report by United States Animal and Plant Health Inspection Service, United States Department of Agriculture, United States Forest Service (Lucero, Manuel) (Entered: 08/08/2023)
2023-08-2920ORDER by Magistrate Judge Steven C. Yarbrough. Telephonic Status Conference set for 10/5/2023 at 03:00 PM before Magistrate Judge Steven C. Yarbrough. The parties shall call the AT&T Conference line at (888) 398-2342 [Access Code 2418431] to connect to the proceedings. (kfo) [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (Entered: 08/29/2023)
2023-08-2921Clerk's Minutes for proceedings held before Magistrate Judge Steven C. Yarbrough: Scheduling Conference held on 8/29/2023. (kfo) (Entered: 08/29/2023)
2023-09-3022STIPULATION of fees and cost settlement agreement by United States Animal and Plant Health Inspection Service, United States Department of Agriculture, United States Forest Service (Lucero, Manuel) (Entered: 09/30/2023)
2023-09-3023STIPULATION of Settlement by United States Animal and Plant Health Inspection Service, United States Department of Agriculture, United States Forest Service (Lucero, Manuel) (Entered: 09/30/2023)
2023-10-0224ORDER by Magistrate Judge Steven C. Yarbrough. Given the parties' settlement agreement, the Court VACATES the Telephonic Status Conference set for 10/5/2023 at 03:00 PM. The parties shall submit Closing Documents by November 1, 2023, absent a request showing good cause for an extension. (kfo) [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (Entered: 10/02/2023)
2023-12-04ORDER by Magistrate Judge Steven C. Yarbrough. Telephonic Status Conference set for 12/14/2023 at 09:30 AM before Magistrate Judge Steven C. Yarbrough. The purpose of this conference is to discuss the status of closing documents. If the parties submit closing documents prior to the status conference, the Court will vacate the conference. The parties shall call the AT&T Conference line at (888) 398-2342 [Access Code 2418431] to connect to the proceedings. (kfo) [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (Entered: 12/04/2023)
2023-12-0525NOTICE of Voluntary Dismissal of Case by All Defendants (Lucero, Manuel) (Entered: 12/05/2023)
2023-12-0526ORDER by Magistrate Judge Steven C. Yarbrough VACATING the Telephonic Status Conference set for 12/14/2023 at 09:30 AM before Magistrate Judge Steven C. Yarbrough. (kfo) [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (Entered: 12/05/2023)
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