Buffalo Field Campaign v. United States Department of Agriculture et al

Filing 7

ORDER granting 6 Joint MOTION. Signed by Judge Dana L. Christensen on 5/1/2018. (ASG)

FILED

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
MISSOULA DIVISION

MAY 012018
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BUFFALO FIELD CAMPAIGN, a
Montana Non-Profit Corporation,

CV 18-31-M-DLC

Plaintiff,
ORDER
vs.
UNITED STATES DEPARTMENT
OF AGRICULTURE, ANIMAL AND
PLAN HEAL TH INSPECTION
SERVICE,
Defendant.
The Parties having jointly filed a Proposed Case Management Order (Doc.
6) which obviates the need for the filing of either a Vaughn Index or Status Update
as mandated in this Court's April 18, 2018 Order (Doc. 5) and requests the Court
to enter the Parties' Case Management Order,
IT IS ORDERED that the Parties' Motion (Doc. 6) is GRANTED.
IT IS FURTHER ORDERED that:
1. The United States shall produce "rolling monthly productions of records
responsive to Buffalo Field Campaign's ("BFC") Freedom of
Information Act ("FOIA") request. The first such production occurred

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on March 9, 2018. The second production occurred on April 16, 2018.
Production shall continue until the United States has produced all nonexempt records to BFC resulting from a reasonably adequate search for
responsive records. At this time, the Parties estimate that monthly
productions will continue for at least the next four months. The Parties
will work cooperatively in the event additional time is required to
complete the production phase of the case.
2. After the United States has finished producing records responsive to
BFC's FOIA request, the Parties shall engage in good faith to resolve any
disputes concerning records withheld, either in part or in full, by the
United States pursuant to the FOIA's nine disclosure exemptions. The
Parties shall also discuss resolving BFC's claim to reasonable attorney's
fees and costs incurred in bringing this litigation. The Parties agree that
this negotiation period should last no more than 90 days, unless there is
mutually-agreed good cause to expand it.
3. If there remain issues for the Court's resolution after the Parties conclude
the negotiation described above, the Parties shall file a joint status report
and proposed Case Management Order outlining a process to resolve
those remaining issues.

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IT IS FURTHER ORDERED that, in light of the timelines established
above, the Parties shall file a joint report apprising the Court of the status of this
action no later than November 30, 2018.
IT IS FURTHER ORDERED that the deadlines set forth in this Court's
April 18, 2018 Order (Doc. 5) are VACATED.
DATED this

\st day of May, 2018.

Dana L. Christensen, Chief Judge
United States District Court

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