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Case TitleHumane Society of the United States et al v. U.S. Fish and Wildlife Service et al
DistrictEastern District of Virginia
CityAlexandria
Case Number1:2018cv01301
Date Filed2018-10-18
Date ClosedOpen
JudgeDistrict Judge Liam O'Grady
PlaintiffHumane Society of the United States
PlaintiffHumane Society International
PlaintiffCenter for Biological Diversity
PlaintiffBorn Free USA
Case DescriptionThe Humane Society, the Center for Biological Diversity, and Born Free USA submitted FOIA requests to U.S. Fish and Wildlife Services for records concerning the importation of African elephant trophies. The organizations asked the agency to post such information online. After the agency failed to do so, the organizations filed suit.
Complaint issues: Failure to respond within statutory time limit, Affirmative disclosure, Litigation - Attorney's fees

DefendantU.S. Fish and Wildlife Service
DefendantU.S. Department of the Interior
Documents
Docket
Complaint
Complaint attachment 1
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2018-10-181COMPLAINT against U.S. Department of the Interior, U.S. Fish and Wildlife Service ( Filing fee $ 400, receipt number 0422-6322593.), filed by Humane Society of the United States, Humane Society International, Born Free USA, Center for Biological Diversity. (Attachments: # 1 Civil Cover Sheet)(dvanm, ) (Entered: 10/19/2018)
2018-10-192DOCUMENT REMOVED FILED IN ERROR Proposed Summons re 1 Complaint, US Attorney for the Eastern District of Virginia by Born Free USA, Center for Biological Diversity, Humane Society International, Humane Society of the United States. (Mollen, Neal) (Main Document 2 replaced on 10/22/2018) (dvanm, ). Modified on 10/22/2018 (dvanm, ). (Entered: 10/19/2018)
2018-10-193DOCUMENT REMOVED FILED IN ERROR Proposed Summons re 1 Complaint, Acting Solicitor, U.S. Department of the Interior by Born Free USA, Center for Biological Diversity, Humane Society International, Humane Society of the United States. (Mollen, Neal) (Main Document 3 replaced on 10/22/2018) (dvanm, ). Modified on 10/22/2018 (dvanm, ). (Entered: 10/19/2018)
2018-10-194DOCUMENT REMOVED FILED IN ERROR Proposed Summons re 1 Complaint, Acting Director, U.S. Fish and Wildlife Service by Born Free USA, Center for Biological Diversity, Humane Society International, Humane Society of the United States. (Mollen, Neal) (Main Document 4 replaced on 10/22/2018) (dvanm, ). Modified on 10/22/2018 (dvanm, ). (Entered: 10/19/2018)
2018-10-22Notice of Correction re 4 Proposed Summons, 3 Proposed Summons, 2 Proposed Summons. The filing user has been notified that documents 2-4 are incorrectly saved PDF fillable form and has been removed. The filing user was directed to refile the documents. (dvanm, ) (Entered: 10/22/2018)
2018-10-225Proposed Summons re 1 Complaint, Daniel Jorjani, Principle Deputy Solicitor, U.S. Department of the Interior by Born Free USA, Center for Biological Diversity, Humane Society International, Humane Society of the United States. (Mollen, Neal) (Entered: 10/22/2018)
2018-10-226Proposed Summons re 1 Complaint, G. Zachary Terwilliger, U.S. Attorney for Eastern District of Virginia by Born Free USA, Center for Biological Diversity, Humane Society International, Humane Society of the United States. (Mollen, Neal) (Entered: 10/22/2018)
2018-10-227Proposed Summons re 1 Complaint, James Kurth, Acting Director, U.S. Fish and Wildlife Service by Born Free USA, Center for Biological Diversity, Humane Society International, Humane Society of the United States. (Mollen, Neal) (Entered: 10/22/2018)
2018-10-238Summons Issued as to U.S. Department of the Interior, U.S. Fish and Wildlife Service, U.S. Attorney and U.S. Attorney General. NOTICE TO ATTORNEY: Print out two electronically issued summons and one copy of the attachments for each defendant to be served with the complaint. (Attachments: # 1 Notice)(dvanm, ) (Entered: 10/23/2018)
2018-11-099SUMMONS Returned Executed as to the Department of the Interior and U.S. Fish and Wildlife Service (dvanm, ) (Entered: 11/09/2018)
2018-11-1310SUMMONS Returned Executed by Humane Society of the United States. U.S. Attorney's Office served on 11/7/2018, answer due 1/7/2019. (dvanm, ) (Entered: 11/13/2018)
2018-11-1411Motion to appear Pro Hac Vice by Charles Patrizia and Certification of Local Counsel Neal Mollen Filing fee $ 75, receipt number 0422-6363722. by Born Free USA, Center for Biological Diversity, Humane Society International, Humane Society of the United States. (Mollen, Neal) (Entered: 11/14/2018)
2018-11-1412Motion to appear Pro Hac Vice by Scott Flicker and Certification of Local Counsel Neal Mollen Filing fee $ 75, receipt number 0422-6363738. by Born Free USA, Center for Biological Diversity, Humane Society International, Humane Society of the United States. (Mollen, Neal) (Entered: 11/14/2018)
2018-11-1413Motion to appear Pro Hac Vice by Noah Simmons and Certification of Local Counsel Neal Mollen Filing fee $ 75, receipt number 0422-6363755. by Born Free USA, Center for Biological Diversity, Humane Society International, Humane Society of the United States. (Mollen, Neal) (Entered: 11/14/2018)
2018-11-1514ORDER granting 11 Motion for Pro hac vice for Charles Patrizia. Signed by District Judge Liam O'Grady on 11/15/2018. (dest, ) (Entered: 11/16/2018)
2018-11-1515ORDER granting 12 Motion for Pro hac vice for Scott Flicker. Signed by District Judge Liam O'Grady on 11/15/2018. (dest, ) (Entered: 11/16/2018)
2018-11-1516ORDER granting 13 Motion for Pro hac vice for Noah Simmons. Signed by District Judge Liam O'Grady on 11/15/2018. (dest, ) (Entered: 11/16/2018)
2018-12-0317ORDERED that on or before January 7, 2019, Defendants shall file a response to the complaint; it is further ORDERED that if Defendants' response is a dispositive motion, Plaintiffs' opposition brief is due on or before February 4, 2019, and Defendants' reply brief is due on or before February 18, 2019. Signed by District Judge Liam O'Grady on 12/03/2018. (dvanm, ) (Entered: 12/04/2018)
2019-01-0418MOTION to Dismiss for Lack of Jurisdiction by U.S. Department of the Interior, U.S. Fish and Wildlife Service. (McCotter, R.) (Entered: 01/04/2019)
2019-01-0419MOTION to Dismiss for Failure to State a Claim by U.S. Department of the Interior, U.S. Fish and Wildlife Service. (McCotter, R.) (Entered: 01/04/2019)
2019-01-0420MOTION to Strike by U.S. Department of the Interior, U.S. Fish and Wildlife Service. (McCotter, R.) (Entered: 01/04/2019)
2019-01-0421Memorandum in Support re 19 MOTION to Dismiss for Failure to State a Claim , 18 MOTION to Dismiss for Lack of Jurisdiction , 20 MOTION to Strike filed by U.S. Department of the Interior, U.S. Fish and Wildlife Service. (McCotter, R.) (Entered: 01/04/2019)
2019-01-0422Notice of Hearing Date set for March 1, 2019 re 19 MOTION to Dismiss for Failure to State a Claim , 18 MOTION to Dismiss for Lack of Jurisdiction , 20 MOTION to Strike (McCotter, R.) (Entered: 01/04/2019)
2019-01-07Set Deadlines as to 19 MOTION to Dismiss for Failure to State a Claim , 18 MOTION to Dismiss for Lack of Jurisdiction , 20 MOTION to Strike . Motion Hearing set for 3/1/2019 at 10:00 AM in Alexandria Courtroom 1000 before District Judge Liam O'Grady. (clar, ) (Entered: 01/07/2019)
2019-01-1423Consent MOTION for Leave to File Excess Pages for Consolidated Memorandum in Opposition to Defendants' Partial Motions to Dismiss and Motion to Strike and Brief in Support Thereof by Born Free USA, Center for Biological Diversity, Humane Society International, Humane Society of the United States. (Attachments: # 1 Proposed Order)(Mollen, Neal) (Entered: 01/14/2019)
2019-01-1524ORDER granting 23 Motion for Leave to File Excess Pages. Plaintiffs will be permitted to file a single 40-page memorandum in opposition to Defendants' Motions. Signed by District Judge Liam O'Grady on 01/15/2019. (dvanm, ) (Entered: 01/15/2019)
2019-01-2425AMENDED COMPLAINT against U.S. Department of the Interior, U.S. Fish and Wildlife Service, filed by Humane Society of the United States, Humane Society International, Born Free USA, Center for Biological Diversity. (Attachments: # 1 Redline of original complaint to amended complaint, # 2 Exhibit 1, # 3 Exhibit 2)(Mollen, Neal) (Entered: 01/24/2019)
2019-01-2826ORDER- Accordingly Defendant's Motions to Dismiss Dkt's 18 , 19 , and Motion to Strike 20 are hereby DENIED WITHOUT PREJUDICE as they have become moot. Signed by District Judge Liam O'Grady on 1/28/2019. (See order for further details). (acha, ) (Entered: 01/28/2019)
2019-02-0127ORDERED that on or before February 21,2019, Defendants shall file a response to the complaint; it is further ORDERED that if Defendants' response is a motion to dismiss. Plaintiffs' opposition brief is due on or before March 21,2019, and Defendants' reply brief is due on or before April 4, 2019. Signed by District Judge Liam O'Grady on 02/01/2019. (dvanm, ) (Entered: 02/01/2019)
2019-02-2128Consent MOTION for Extension One Day Extension of Briefing Schedules by U.S. Department of the Interior, U.S. Fish and Wildlife Service. (Attachments: # 1 Proposed Order)(McCotter, R.) (Entered: 02/21/2019)
2019-02-2229ORDER granting 28 Motion for Extension of Time to File. ORDERED that on or before February 22, 2019, Defendants shall file a response to the amended complaint; it is further ORDERED that if Defendants' response is a motion to dismiss, Plaintiffs' oppositionbrief is due on or before March 22, 2019, and Defendants' reply brief is due on or before April 5, 2019. Signed by Magistrate Judge John F. Anderson on 02/22/2019. (wgar, ) (Entered: 02/22/2019)
2019-02-2230MOTION to Dismiss for Lack of Jurisdiction by U.S. Department of the Interior, U.S. Fish and Wildlife Service. (McCotter, R.) (Entered: 02/22/2019)
2019-02-2231MOTION to Dismiss for Failure to State a Claim by U.S. Department of the Interior, U.S. Fish and Wildlife Service. (McCotter, R.) (Entered: 02/22/2019)
2019-02-2232Memorandum in Support re 30 MOTION to Dismiss for Lack of Jurisdiction , 31 MOTION to Dismiss for Failure to State a Claim filed by U.S. Department of the Interior, U.S. Fish and Wildlife Service. (Attachments: # 1 Exhibit Rose Declaration)(McCotter, R.) (Entered: 02/22/2019)
2019-02-2233Notice of Hearing Date set for April 12, 2019 re 30 MOTION to Dismiss for Lack of Jurisdiction , 31 MOTION to Dismiss for Failure to State a Claim (McCotter, R.) (Entered: 02/22/2019)
2019-02-25Set Deadlines as to 31 MOTION to Dismiss for Failure to State a Claim , 30 MOTION to Dismiss for Lack of Jurisdiction . Motion Hearing set for 4/12/2019 at 10:00 AM in Alexandria Courtroom 1000 before District Judge Liam O'Grady. (clar, ) (Entered: 02/25/2019)
2019-02-2834Notice of Hearing Date AMENDED set for April 19, 2019 re 30 MOTION to Dismiss for Lack of Jurisdiction , 31 MOTION to Dismiss for Failure to State a Claim (McCotter, R.) (Entered: 02/28/2019)
2019-03-01Reset Deadlines as to 31 MOTION to Dismiss for Failure to State a Claim , 30 MOTION to Dismiss for Lack of Jurisdiction . Motion Hearing set for 4/19/2019 at 10:00 AM in Alexandria Courtroom 1000 before District Judge Liam O'Grady. (clar, ) (Entered: 03/01/2019)
2019-03-1435MOTION for Leave to File Excess Pages Unopposed by Born Free USA, Center for Biological Diversity, Humane Society International, Humane Society of the United States. (Attachments: # 1 Proposed Order)(Mollen, Neal) (Entered: 03/14/2019)
2019-03-1536ORDER granting 35 Motion for Leave to File Excess Pages Unopposed Signed by District Judge Liam O'Grady on 3/15/2019. (See order for further details). (acha, ) (Entered: 03/15/2019)
2019-03-2237RESPONSE in Opposition re 31 MOTION to Dismiss for Failure to State a Claim , 30 MOTION to Dismiss for Lack of Jurisdiction filed by Born Free USA, Center for Biological Diversity, Humane Society International, Humane Society of the United States. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)(Mollen, Neal) (Entered: 03/22/2019)
2019-04-0538REPLY to Response to Motion re 30 MOTION to Dismiss for Lack of Jurisdiction , 31 MOTION to Dismiss for Failure to State a Claim filed by U.S. Department of the Interior, U.S. Fish and Wildlife Service. (Attachments: # 1 Exhibit Declaration)(McCotter, Richard) (Entered: 04/05/2019)
2019-04-1939Minute Entry for proceedings held before District Judge Liam O'Grady:Motion Hearing held on 4/19/2019 re 30 MOTION to Dismiss for Lack of Jurisdiction filed by U.S. Department of the Interior, U.S. Fish and Wildlife Service, 31 MOTION to Dismiss for Failure to State a Claim filed by U.S. Department of the Interior, U.S. Fish and Wildlife Service. Counsel enter their appearances and present arguments. Court takes matters under advisement. (Court Reporter N. Linnell.)(awac, ) (Entered: 04/19/2019)
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