Starkey

ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT; ORDER UNSEALING DOCUMENTS

Defendants United States Department of Interior (“DOI”) and the Bureau of Indian Affairs (“BIA”) move to dismiss Plaintiffs’ Freedom of Information Act (“FOIA”) complaint or, alternatively, move for summary judgment. Plaintiffs Rodney and Almeda Starkey oppose the motion. Pursuant to Local Rule 7.1(d)(1), this matter is appropriate for decision without oral argument. For the reasons set forth below, the motion for summary judgment is granted in part and denied in part. The court also orders that the documents placed under seal pursuant to this court’s October 25, 2002 order be unsealed.

BACKGROUND

Plaintiff Rodney Starkey is the owner of ranch property located near the town of Boulevard, California, approximately 60 miles east of San Diego. The property is adjacent to property held in trust for the benefit of the La Posta Band of Mission Indians (“La Posta”). The BIA manages the La Posta property which is hereinafter referred to as the “trust” property. In order to obtain access to Plaintiffs’ property, Mr. Starkey obtained an easement across property then known as the…