Basin and Range Watch v. Bureau Of Land Management et al

Filing 27

ORDER STAYING CASE PENDING SETTLEMENT. Signed by Magistrate Judge Peggy A. Leen on 9/22/16. (Copies have been distributed pursuant to the NEF - ADR)

Case 2:16-cv-00403-JCM-PAL Document 26 Filed 09/20/16 Page 1 of 2

1 DAVID H. BECKER, ESQ. (Pro Hac Vice)
Oregon Bar No. 081507
2 Law Office of David H. Becker, LLC
917 SW Oak St., Suite 409
3 Portland, Oregon 97205
[phone]
4 [e-mail]
5 DAVID H. BAHR, ESQ. (Pro Hac Vice)
Oregon Bar No. 90199
6 Bahr Law Offices, P.C.
1035 1/2 Monroe St.
7 Eugene, Oregon 97402
[phone]
8 [e-mail]

DANIEL G. BOGDEN
United States Attorney
District of Nevada
TROY K. FLAKE
Assistant United States Attorney
U.S. Attorney’s Office
501 Las Vegas Boulevard South, Suite 1100
Las Vegas, Nevada 89101
Telephone: [phone]
Facsimile: 702-388-6787
Email: [e-mail]
Attorneys for the Federal Defendants

9 WOLF, RIFKIN, SHAPIRO,
SCHULMAN & RABKIN, LLP
10 CHRISTOPHER W. MIXSON, ESQ.
Nevada Bar No. 10685
11 5594-B Longley Lane
Reno, Nevada 89511
12 [phone]/Fax: [phone]
[e-mail]
13
Attorneys for Plaintiff Basin and Range Watch
14
UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

15
16
17

BASIN AND RANGE WATCH,
Plaintiff,

18
19

v.

21

BUREAU OF LAND MANAGEMENT
AND THE U.S. DEPARTMENT OF THE
INTERIOR,

22

Defendants.

20

)
) Civil Action No.: 2:16-cv-00403 JCM-PAL
)
)
)
)
) JOINT MOTION FOR STAY PENDING
) SETTLEMENT
)
)
)
)

23
24

Plaintiff Basin and Rage Watch and Defendants Bureau of Land Management and U.S.

25 Department of the Interior submit this joint request that this matter be stayed for 30 days to allow the
26 parties time to pursue settlement.

Case 2:16-cv-00403-JCM-PAL Document 26 Filed 09/20/16 Page 2 of 2

1

This case arises out of Plaintiff’s Freedom of Information Act (FOIA) requests to the Federal

2 Defendants. In responding to the FOIA requests, the Federal Defendants withheld some information
3 pursuant to FOIA’s Exemption Four. Plaintiff brought this action seeking disclosure of the information
4 and alleging that the Federal Defendants failed to comply with FOIA.
5

The Federal Defendants filed their Motion for Summary Judgment on July 5, 2016. ECF# 20.

6 Plaintiff filed its Response and Countermotion on August 9, 2016. ECF## 21, 25. Pursuant to the
7 briefing scheduled entered by this Court, ECF 19, the Federal Defendants’ combined summary judgment
8 reply and cross-motion response is due September 20, 2016, and Plaintiff’s cross-motion reply is due by
9 October 21, 2016.
10

Due to a change in position by the submitter of the information withheld under Exemption Four,

11 the Federal Defendants recently determined that they will disclose all information responsive to
12 Plaintiff’s original FOIA requests. The Federal Defendants agree that they will produce this information
13 on or before September 26, 2016. The parties now believe they can resolve this matter without further
14 litigation.
15

Accordingly, the parties respectfully request that this matter be stayed for 30 days to allow the

16 parties to discuss settlement of this matter. The parties request that the Court set a status hearing 30 days
17 from the entry of this Order, by which time the parties will either file a stipulation dismissing this action
18 or submit a new proposed scheduling order to complete briefing on the pending motions.
19

Respectfully submitted this 20th day of September 2016.

20 DANIEL G. BOGDEN
United States Attorney
21
/s Troy K. Flake
22 Troy K. Flake
Assistant United States Attorney
23 Of Attorneys for Federal Defendants

/s David A. Bahr
DAVID A. BAHR, ESQ., Pro Hac Vice
Of Attorneys for Plaintiff

24

It is so ordered.

25 Date: September 22, 2016
United States Magistrate Judge

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