Center for Biological Diversity et al v. Bureau of Land Management

Filing 19

CASE MANAGEMENT ORDER. BLM will provide the Plaintiffs' with a final determination on their FOIA Request on or before 1/31/2016. Plaintiffs will have until 2/26/2016, to identify any concerns with BLM's FOIA response and confer with BLM. Should issues remain unresolved following the Parties conferral, Plaintiffs shall file a motion for summary judgment and supporting memorandum by 3/28/2016. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (st)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF IDAHO
CENTER FOR BIOLOGICAL DIVERSITY
and WESTERN WATERSHEDS PROJECT
Case No. 1:15-CV-539-BLW
Plaintiffs,
CASE MANAGEMENT ORDER
v.
U.S. BUREAU OF LAND MANAGEMENT,
Defendant.

Finding good cause therefore, and pursuant to agreement of the parties,
NOW THEREFORE IT IS HEREBY ORDERED, that the following shall govern
the litigation of this case:
1.

This case is a civil action for declaratory and injunctive relief against the U.S.
Bureau of Land Management (“BLM”) arising under the Freedom of Information
Act, 5 U.S.C. § 552, as amended (“FOIA”), or alternatively, the Administrative
Procedure Act, 5 U.S.C. §§ 701-06 (“APA”).

2.

This case will be resolved following BLM’s release of records that are responsive
to the Plaintiffs’ FOIA Request, through briefing on the merits (summary
judgment), and without a trial.

3.

This case is not suitable for an alternative dispute resolution program such as
arbitration, mediation, or judicial settlement conference at this time.

4.

The Parties have agreed to the following briefing schedule:
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 BLM will provide the Plaintiffs’ with a final determination on their FOIA
Request on or before January 31, 2016. Plaintiffs will have until February
26, 2016, to identify any concerns with BLM’s FOIA response and confer with
BLM.
 Should issues remain unresolved following the Parties’ conferral, Plaintiffs
shall file a motion for summary judgment and supporting memorandum by
March 28, 2016. BLM’s response to Plaintiffs’ motion for summary judgment
and cross-motion for summary judgment and supporting memorandum shall be
filed by April 18, 2016. Plaintiffs’ joint response and reply to BLM’s crossmotion for summary judgment shall be filed by May 2, 2016. BLM’s reply in
support of its cross-motion for summary judgment shall be filed May 16, 2016.

DATED: February 4, 2016

_________________________
B. Lynn Winmill
Chief Judge
United States District Court

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