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Case TitleCenter for Biological Diversity, et. al v. United States Department of Agriculture
DistrictDistrict of Arizona
CityTucson Division
Case Number4:2007cv00629
Date Filed2007-11-30
Date Closed2009-08-11
JudgeChief Judge John M Roll
PlaintiffCenter for Biological Diversity
PlaintiffDefenders of Wildlife
PlaintiffSierra Club
Case DescriptionThe Center for Biological Diversity, Defenders of Wildlife, and the Sierra Club submitted a FOIA request to U.S. Fish and Wildlife Service and the Animal and Plant Health Inspection Services for records concerning the capture of Mexican wolves. U.S. Fish and Wildlife Service provided three batches of records, some of which were redacted under Exemption 6 (invasion of privacy). The Center filed an administrative appeal, but after hearing nothing further from the agencies, the Center filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantUnited States Department of Agriculture Wildlife Services, Animal and Plant Health Inspection Service
AppealNinth Circuit 09-17233
Documents
Docket
Complaint
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2007-11-301COMPLAINT. Filing fee received: $ 350.00, receipt number 1581374, filed by Defenders of Wildlife, Sierra Club, Center for Biological Diversity.(Kenna, Matthew) (Entered: 11/30/2007)
2007-11-302Notice re Civil Cover Sheet & Summons by Center for Biological Diversity, Defenders of Wildlife, Sierra Club re 1 Complaint (Attachments: # 1 Summons)(Kenna, Matthew) (Entered: 11/30/2007)
2007-11-303MOTION re: Applicantion Pro Hac Vice by Plaintiffs Center for Biological Diversity, Defenders of Wildlife, Sierra Club. (Kenna, Matthew) Modified on 11/30/2007 to change entry to a motion (KMG). (Entered: 11/30/2007)
2007-11-30PRO HAC VICE FEE PAID. $ 100, receipt number PHX065243 as to Matthew Gilbert Kenna. (BAS, ) (Entered: 11/30/2007)
2007-11-304ORDER pursuant to General Order 05-25 granting 3 Motion for Admission Pro Hac Vice.Per the Court's Administrative Policies and Procedures Manual, applicant has five (5) days in which to register as a user of the Electronic Filing System. Registration to be accomplished via the court's website at www.azd.uscourts.gov. (BAS, )(This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (Entered: 11/30/2007)
2007-11-30This case has been assigned to the Honorable John M. Roll. All future pleadings or documents should bear the correct case number: CV-07-629-TUC-JMR. (JEMB, ) (Entered: 12/03/2007)
2007-11-305Notice re Magistrate Consent Form (JEMB, ) (Entered: 12/03/2007)
2007-12-036Summons Issued as to United States Department of Agriculture. (JEMB, ). *** IMPORTANT: You must select "Document and stamps" or "Document and comments" on the print screen in order for the court seal to appear on the summons you print. (Entered: 12/03/2007)
2007-12-107SUMMONS Returned Executed upon US Agency/Officer by Center for Biological Diversity, Defenders of Wildlife, Sierra Club; served on United States Department of Agriculture., SUMMONS Returned Executed upon US Attorney by Center for Biological Diversity, Defenders of Wildlife, Sierra Club. United States Department of Agriculture served on 12/5/2007. (Kenna, Matthew) (Entered: 12/10/2007)
2007-12-188STIPULATION FOR EXTENSION OF TIME TO ANSWER COMPLAINT by United States Department of Agriculture. (Attachments: # 1 Text of Proposed Order)(Hernandez, J) (Entered: 12/18/2007)
2008-01-289ANSWER to 1 Complaint for Declaratory and Injunctive Relief by United States Department of Agriculture.(Hernandez, J) (Entered: 01/28/2008)
2008-05-0910ORDER extending time for dft to answer, file a motion, or otherwise respond to plas' complaint for declaratory & injunctive relief until 1/28/08. Signed by Chief Judge John M Roll on 5/8/08. (KMF, ) (Entered: 05/09/2008)
2008-09-0411STIPULATION & Motion to Enter Briefing Schedule by United States Department of Agriculture, Center for Biological Diversity, Defenders of Wildlife, Sierra Club. (Attachments: # 1 Text of Proposed Order Setting Briefing Schedule)(Kenna, Matthew) (Entered: 09/04/2008)
2008-09-2312ORDER granting 11 Stipulation setting briefing schedule for cross-motions for sum jgm. Signed by Chief Judge John M Roll on 9/23/08. (KMF, ) (Entered: 09/23/2008)
2008-10-1513MOTION for Summary Judgment by United States Department of Agriculture. (Hernandez, J) (Entered: 10/15/2008)
2008-10-1514STATEMENT of of Facts in Support of Motion for Summary Judgment re 13 MOTION for Summary Judgment by Defendant United States Department of Agriculture. (Attachments: # 1 Exhibit List, # 2 Exhibit 1, # 3 Exhibit A-H to Exhibit 1, # 4 Exhibit I to Exhibit 1, # 5 Exhibit J (part 1) to Exhibit 1, # 6 Exhibit J (part 2) to Exhibit 1, # 7 Exhibit 2)(Hernandez, J) (Entered: 10/15/2008)
2008-11-1215Cross MOTION for Summary Judgment and Memorandum in Support & in opposition to 13 dft's motion for sum jgm by Center for Biological Diversity, Defenders of Wildlife, Sierra Club. (Attachments: # 1 Statement of Facts re Summary Judgment, # 2 Exhibit A in Support of Summary Judgment)(Kenna, Matthew) Modified TEXT to add opposition (resp) to mtn & link on 11/14/2008 (KMF, ). (Entered: 11/12/2008)
2008-12-0916Reply re 15 Cross MOTION for Summary Judgment and Memorandum in Support , 13 MOTION for Summary Judgment by Defendant United States Department of Agriculture. (Hernandez, J) (Entered: 12/09/2008)
2008-12-0917RESPONSE re 15 Cross MOTION for Summary Judgment and Memorandum in Support , 16 Reply & Statement of Facts in Support of its Opposition by Defendant United States Department of Agriculture. (Attachments: # 1 Exhibit 1 & Exhibit 2)(Hernandez, J) (Entered: 12/09/2008)
2008-12-2318REPLY in Support re 15 Cross MOTION for Summary Judgment and Memorandum in Support filed by Center for Biological Diversity, Defenders of Wildlife, Sierra Club. (Attachments: # 1 Exhibit B)(Kenna, Matthew) (Entered: 12/23/2008)
2009-07-2119Notice re Pending Motions Notification by Center for Biological Diversity, Defenders of Wildlife, Sierra Club re 15 Cross MOTION for Summary Judgment and Memorandum in Support , 18 Reply in Support of Motion, 16 Reply, 14 Statement, 17 Response, 13 MOTION for Summary Judgment (Kenna, Matthew) (Entered: 07/21/2009)
2009-08-1120ORDER denying 13 Motion for Summary Judgment; granting 15 Motion for Summary Judgment. The Clerk of the Court is directed to enter jgm accordingly and close this case. ****SEE ATTACHED PDF FOR FURTHER INFORMATION**********. Signed by Chief Judge John M Roll on 08/10/09.(LMF, ) (Entered: 08/11/2009)
2009-08-1121JUDGMENT in favor of Center for Biological Diversity, Defenders of Wildlife, Sierra Club against United States Department of Agriculture. It is ordered and Adjudged the dft motion for summary jgm 13 is denied and the pla motion for summary jgm is granted. Signed by Chief Judge John M Roll on 08/10/09. (LMF, ) (Entered: 08/11/2009)
2009-08-2522First MOTION for Extension of Time to File Motion for Attorney Fees and Other Litigation Expenses (unopposed) by Center for Biological Diversity, Defenders of Wildlife, Sierra Club. (Attachments: # 1 Text of Proposed Order)(Kenna, Matthew) (Entered: 08/25/2009)
2009-08-2623ORDER granting 22 Motion for Extension of Time to file motion for attorney fees and other litigation costs. Signed by Chief Judge John M Roll on 08/25/09.(LMF, ) (Entered: 08/26/2009)
2009-10-0824NOTICE OF APPEAL to 9th Circuit, by United States Department of Agriculture. (Attachments: # 1 Order & Judgment)(Hernandez, J) (Entered: 10/08/2009)
2009-10-0825Representation Statement by United States Department of Agriculture re 24 Notice of Appeal (Hernandez, J) (Entered: 10/08/2009)
2009-10-0926US COURT OF APPEALS Case Number 09-17233 for 24 Notice of Appeal. (JKM, ) (Entered: 10/13/2009)
2009-10-0927TIME SCHEDULE ORDER of 9th Circuit, appeal case number 09-17233, as to 24 Notice of Appeal filed by United States Department of Agriculture (JKM, ) (Entered: 10/13/2009)
2009-10-2728AMENDED DOCUMENT by United States Department of Agriculture. Amendment to 25 Representation Statement. (Hernandez, J) (Entered: 10/27/2009)
2009-11-0329Second MOTION for Extension of Time to file motion for litigation costs, including attorney fees by Center for Biological Diversity, Defenders of Wildlife, Sierra Club. (Attachments: # 1 Text of Proposed Order)(Kenna, Matthew) (Entered: 11/03/2009)
2009-11-0430ORDER granting 29 Motion for Extension of Time to File Motion For Attorney Fees and other Litigation Costs. Plaintiff's have 30 days afer the defendant's appeal is resolved to file their motions.. Signed by Chief Judge John M Roll on 11/3/09.(KDT, ) (Entered: 11/04/2009)
2011-02-0131MANDATE of USCA as to 24 Notice of Appeal filed by United States Department of Agriculture. REVERSED. (Attachments: # 1 Opinion, # 2 NDA)(GCP) (Entered: 02/04/2011)
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