Nielsen v. United States Bureau of Land Management et al

Filing 71

ORDER ADOPTING 70 Report and Recommendation; granting in part and denying in part 19 Motion; granting in part and denying in part 22 Motion for Summary Judgment; granting in part and denying in part 25 Motion for Summary Judgment.(Written Opinion). Signed by Judge Richard H. Kyle on 09/03/08. (rhks)

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UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA JEFFREY L. NIELSEN Plaintiff, v. UNITED STATES BUREAU OF LAND MANAGEMENT and UNITED STATES DEPARTMENT OF THE INTERIOR, Defendants. The above-entitled matter comes before the Court upon the Report and Recommendation of United States Magistrate Judge Janie S. Mayeron dated August 12, 2008. No objections have been filed to that Report and Recommendation in the time period permitted. Based upon said Report and Recommendation, and upon all of the files, records and proceedings herein, it is ORDERED: 1. 2. The Report and Recommendation (Doc. No. 70) is ADOPTED; Plaintiff's Motion for In Camera Review of Documents Withheld and Civil No. 07-1349 (RHK/JSM) ORDER Redacted on Claims of Deliberative Privilege and for Summary Judgment (Doc. No. 19) is GRANTED in part and DENIED in part; 3. Defendants' Motion for Summary Judgment (Docket Nos. 22, 25) is GRANTED in part and DENIED in part; and 4. Defendants shall conduct an additional search for documents responsive to items 3 and 4 of plaintiff's FOIA request for documents generated after October 13, 2006 through the date of Amy Gbneou's departure, and the search shall be directed to all sources previously contacted for responsive documents. In addition, Defendants are required to produce to Plaintiff on or before September 15, 2008, all additional responsive documents or a Vaughn index for all responsive documents withheld or redacted for any reason. Date: September 3, 2008 s/Richard H. Kyle RICHARD H. KYLE United States District Judge 2

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