Skip to content

Case Detail

[Subscribe to updates]
Case TitleStar Publishing Company et al v. United States Fish and Wildlife Service et al
DistrictDistrict of Arizona
CityTucson Division
Case Number4:2013cv00080
Date Filed2013-02-06
Date Closed2014-09-05
JudgeJudge Cindy K Jorgenson
PlaintiffStar Publishing Company
PlaintiffTony Davis
DefendantUnited States Fish and Wildlife Service
DefendantUnited States Department of the Interior
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Opinion/Order [43]
Opinion/Order [51]
FOIA Project Annotation: A federal court in Arizona has upheld a magistrate judge's recommendation pertaining to records of an investigation conducted by the Department of the Interior's Inspector General concerning the capture and death of jaguar Macho B in southern Arizona in 2009. The court agreed with the magistrate judge that the privacy interests of individuals identified in the records outweighed the limited public interest in further disclosure. The court noted that "the Court's in camera review indicates that conduct described in the documents may provide identifying information. Because the conduct described in the documents is limited to a few individuals, disclosure of such conduct may subject such persons to 'undeserved embarrassment and attention.'"
Issues: Exemption 7(C) - Invasion of privacy concerning law enforcement records, Exemption 6 - Invasion of privacy
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2013-02-061COMPLAINT. Filing fee received: $ 350.00, receipt number 0970-7743264, filed by Star Publishing Company, Tony Davis. (Moeser, James) (Attachments: # 1 Civil Cover Sheet, # 2 Declaration, # 3 Declaration)(PAA) (Entered: 02/06/2013)
2013-02-062Corporate Disclosure Statement by Tony Davis, Star Publishing Company. (Moeser, James) (PAA) (Entered: 02/06/2013)
2013-02-063SUMMONS Submitted by Tony Davis, Star Publishing Company. (Moeser, James) (Attachments: # 1 Summons)(PAA) (Entered: 02/06/2013)
2013-02-064Filing fee paid, receipt number 0970-7743264. This case has been assigned to the Honorable Hector C Estrada. All future pleadings or documents should bear the correct case number: 4:13-CV-80-TUC-HCE. Magistrate Election form attached. (Attachments: # 1 Magistrate Form)(PAA) (Entered: 02/06/2013)
2013-02-065Summons Issued as to All Defendants. (Attachments: # 1 Summons)(PAA). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document. (Entered: 02/06/2013)
2013-02-19NOTICE of request for e-notices by Charles A. Davis. (Davis, Charles) (Entered: 02/19/2013)
2013-02-206Agreement to Magistrate Judge Jurisdiction. Party agrees to Magistrate Judge Jurisdiction. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (SMBE) (Entered: 02/21/2013)
2013-02-257AFFIDAVIT of Service for Civil Summons, Complaint of Injunctive Relief, Declaration of Tony Davis, Declaration of David J. Bodney, Corporate Disclosure Statement, Civil Summons (US Fish and Wildlife Service), Civil Summons (US Dept. of Interior), Consent to Exercise of Jurisdiction by United States Magistrate Judge served on Norma Fontana, Admin. Assist., United States Attorney Office on February 8, 2013, filed by Tony Davis, Star Publishing Company. (Moeser, James) (Entered: 02/25/2013)
2013-02-258*AFFIDAVIT of Service for Civil Summons, Complaint of Injunctive Relief, Declaration of Tony Davis, Declaration of David J. Bodney, Corporate Disclosure Statement, Civil Summons (US Dept. of Interior), Civil Summons (US Fish & Wildlife Service) Consent to Exercise of Jurisdiction by United States Magistrate Judge served on Norma Fontana, Admin. Assist., United States Attorney Office on February 8, 2013, filed by Tony Davis, Star Publishing Company. (Moeser, James) *Incorrect event selected added answer due date on 2/27/2013 (LMF). (Entered: 02/25/2013)
2013-02-259*AFFIDAVIT of Service for Civil Summons (US Fish and Wildlife Service), Civil Summons (US Dept. of Interior), Complaint of Injunctive Relief, Declaration of Tony Davis, Declaration of David J. Bodney, Corporate Disclosure Statement, Consent to Exercise of Jurisdiction by United States Magistrate Judge served on US Attorney General Eric H. Holders, US Fish and Wildlife Service, US Dept. of Interior on February 11, 2013 & February 12, 2013, filed by Tony Davis, Star Publishing Company. (Moeser, James) *Modified incorrect even selected added answer due date on 2/27/2013 (LMF). (Entered: 02/25/2013)
2013-03-0710ANSWER to 1 Complaint by United States Department of the Interior, United States Fish and Wildlife Service.(Davis, Charles) (Entered: 03/07/2013)
2013-03-2111Magistrate Election Form Deadline (Attachments: # 1 instructions)(LMF) (Entered: 03/21/2013)
2013-03-2112Party Elects Assignment of Case to District Judge Jurisdiction. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (SMBE) (Entered: 03/22/2013)
2013-03-2213Minute Order: Pursuant to Local Rule 3.8(a), a request has been received for a random reassignment of this case to a District Judge. Case reassigned by random draw to Cindy K. Jorgenson. All further pleadings should now list the following COMPLETE case number: 13-CV-00080-TUC-CKJ. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (SMBE) (Entered: 03/22/2013)
2013-04-2214ORDER, this case is referred to Magistrate Judge Hector C. Estrada for allpretrial proceedings and report and recommendation. Case designation: CIV-13-080-TUC-CKJ (HCE). Signed by Judge Cindy K Jorgenson on 4/22/13. (SMBE) (Entered: 04/22/2013)
2013-04-3015MOTION to Compel Preparation of Vaughn Index and Request for Status Conference by Tony Davis, Star Publishing Company. (Attachments: # 1 Exhibit, # 2 Text of Proposed Order)(Moeser, James) (Entered: 04/30/2013)
2013-05-1616RESPONSE to Motion re 15 MOTION to Compel Preparation of Vaughn Index and Request for Status Conference filed by United States Department of the Interior, United States Fish and Wildlife Service. (Davis, Charles) (Entered: 05/16/2013)
2013-05-2817REPLY to Response to Motion re 15 MOTION to Compel Preparation of Vaughn Index and Request for Status Conference filed by Tony Davis, Star Publishing Company. (Attachments: # 1 Text of Proposed Order)(Moeser, James) (Entered: 05/28/2013)
2013-06-0418STIPULATION RE: 15 MOTION to Compel Preparation of Vaughn Index and Request for Status Conference , 17 Reply to Response to Motion, 16 Response to Motion by Tony Davis, Star Publishing Company. (Attachments: # 1 Text of Proposed Order)(Moeser, James) (Entered: 06/04/2013)
2013-06-1019*AMENDED per Order (Doc. 21) - ORDER granting 18 Stipulation re 15 MOTION to Compel Preparation of Vaughn Index and Request for Status Conference. Government shall file its Motion for Summary Judgment by 7/19/2013; Star shall file its Response and Cross Motion for Summary Judgment by 8/23/2013; Government shall file its Reply in Support of its Motion for Summary Judgment and Opposition to Star's Cross Motion for Summary Judgment by 9/20/2013. Star shall file its Reply in Support of its Cross Motion for Summary Judgment by 10/11/2013. Signed by Magistrate Judge Hector C Estrada on 6/10/2013. (BAR) Modified on 7/18/2013 (SMBE). (Entered: 06/10/2013)
2013-07-1620STIPULATION RE: 19 Order on Stipulation,, Stipulation to Extend Deadlines by United States Department of the Interior, United States Fish and Wildlife Service. (Attachments: # 1 Text of Proposed Order)(Davis, Charles) (Entered: 07/16/2013)
2013-07-1821ORDER pursuant to 20 Stipulation : Court's June 10, 2013 Order (Doc. 19) is amended. Government's Motion for Summary Judgment, including Vaughn Index, due 7/28/2013. See attached PDF for further Cross Motion/Response/Reply due dates. Signed by Magistrate Judge Hector C Estrada on 7/18/13. (SMBE) (Entered: 07/18/2013)
2013-07-2622MOTION for Summary Judgment by United States Department of the Interior, United States Fish and Wildlife Service. (Attachments: # 1 Exhibit 1, # 2 Exhibit Vaughn Index)(Davis, Charles) (Entered: 07/26/2013)
2013-07-2623STATEMENT of Material Facts as to Which There is No Genuine Dispute re 22 MOTION for Summary Judgment by Defendants United States Department of the Interior, United States Fish and Wildlife Service. (Davis, Charles) (Entered: 07/26/2013)
2013-08-3024*Cross MOTION for Summary Judgment Request for In Camera Review and Response in Opposition to Defendants' 22 Motion for Summary Judgment by Tony Davis, Star Publishing Company. (Attachments: # 1 Text of Proposed Order)(Moeser, James) *Modified to reflect reference to related document on 9/3/2013 (SMBE). (Entered: 08/30/2013)
2013-08-3025STATEMENT of Facts re 23 Statement, 24 Cross MOTION for Summary Judgment Request for In Camera Review and Response in Opposition to Defendants' Motion for Summary Judgment , 22 MOTION for Summary Judgment by Plaintiffs Tony Davis, Star Publishing Company. (Attachments: # 1 Affidavit Second Declaration of Tony Davis, # 2 Affidavit Declaration of Leonard Downie, Jr., # 3 Affidavit Declaration of Chris Moeser)(Moeser, James) (Entered: 08/30/2013)
2013-09-2026RESPONSE to Motion re 24 Cross MOTION for Summary Judgment Request for In Camera Review and Response in Opposition to Defendants' Motion for Summary Judgment filed by United States Department of the Interior, United States Fish and Wildlife Service. (Davis, Charles) (Entered: 09/20/2013)
2013-09-2027RESPONSE re 25 Statement, Defendant's Response to Plaintiff's Controverting Statement of Facts in Support of Plaintiff's Cross-Motion for Summary Judgment by Defendants United States Department of the Interior, United States Fish and Wildlife Service. (Davis, Charles) (Entered: 09/20/2013)
2013-10-1828REPLY to Response to Motion re 24 Cross MOTION for Summary Judgment Request for In Camera Review and Response in Opposition to Defendants' Motion for Summary Judgment , 22 MOTION for Summary Judgment filed by Tony Davis, Star Publishing Company. (Moeser, James) (Entered: 10/18/2013)
2013-11-1929MINUTE ORDER: Case referral reassigned to the Honorable Magistrate Judge D Thomas Ferraro. All future filings shall reflect the following case number: CV13-080-TUC-CKJ(DTF). This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (SMBE) (Entered: 11/19/2013)
2014-01-1430ORDER ; Joint Status Report due by 1/22/2014. Signed by Judge Cindy K Jorgenson on 1/14/14. (SMBE) (Entered: 01/14/2014)
2014-01-2231STATUS REPORT Joint Status Report by Tony Davis, Star Publishing Company. (Moeser, James) (Entered: 01/22/2014)
2014-01-2332ORDERED that Plaintiffs' 24 Request for In Camera Review is under consideration. It is further ordered that defendants shall file the disputed documents that are the subject of Plaintiffs Freedom of Information Act request ex parte and under seal by 5:00 p.m., Friday, January 24, 2014. The documents shall not be disclosed or provided to Plaintiffs or Plaintiffs counsel. Signed by Magistrate Judge D Thomas Ferraro on 1/22/2014. (BAR) (Entered: 01/23/2014)
2014-01-2433NOTICE of Filing by United States Department of the Interior, United States Fish and Wildlife Service. (MFR) (Entered: 01/27/2014)
2014-02-0534Notice re: Supplemental Filing by United States Fish and Wildlife Service re: 33 Notice (Other) . (Davis, Charles) (Entered: 02/05/2014)
2014-02-0635Additional Attachments to Main Document re: 33 Notice (Other) Supplemental Memorandum by Defendant United States Fish and Wildlife Service.. (Davis, Charles) (Entered: 02/06/2014)
2014-02-0736REPORT AND RECOMMENDATION re: 24 Cross MOTION for Summary Judgment, and 22 MOTION for Summary Judgment. The Magistrate Judge recommends that the District Court enter an order granting in part and denying in part the partiesMotions for Summary Judgment (Doc. 22, 24). Objection due within fourteen days. Any objections filed should be captioned with the following case number: CV-13-00080-TUC-CKJ. Signed by Magistrate Judge D Thomas Ferraro on 2/7/14. (SMBE) (Entered: 02/07/2014)
2014-02-1837MOTION for Extension of Time to File Response/Reply as to 36 REPORT AND RECOMMENDATION re: 24 Cross MOTION for Summary Judgment Request for In Camera Review and Response in Opposition to Defendants' Motion for Summary Judgment filed by Tony Davis, Star Publishing Company, 22 MOTION for Su (Stipulated) (First Request) by United States Department of the Interior, United States Fish and Wildlife Service. (Attachments: # 1 Text of Proposed Order)(Davis, Charles) (Entered: 02/18/2014)
2014-02-2138ORDER granting 37 Motion for Extension of Time to File Response to 36 REPORT AND RECOMMENDATION re: 24 Cross MOTION for Summary Judgment Request for In Camera Review and Response in Opposition to Defendants' Motion for Summary Judgment. Objections to the Report and Recommendation is due 3/7/2014. Signed by Judge Cindy K Jorgenson on 2/21/2014.(BAR) (Entered: 02/21/2014)
2014-03-0739OBJECTION to 36 Report and Recommendation filed by Tony Davis, Star Publishing Company. (Moeser, James) (Entered: 03/07/2014)
2014-03-0740OBJECTION to 36 Report and Recommendation filed by United States Department of the Interior, United States Fish and Wildlife Service. (Davis, Charles) (Entered: 03/07/2014)
2014-03-2141REPLY TO OBJECTION to 36 Report and Recommendation filed by Tony Davis, Star Publishing Company. (Moeser, James) (Entered: 03/21/2014)
2014-03-2142REPLY TO OBJECTION to 36 Report and Recommendation filed by United States Department of the Interior, United States Fish and Wildlife Service. (Davis, Charles) (Entered: 03/21/2014)
2014-04-2343ORDER adopting Report and Recommendations re 36 Report and Recommendation; granting in part and denying in part 22 , 24 Motions for Summary Judgment. The parties Motions for Summary Judgment are DENIED AS MOOT as to Documents One and Two on the Vaughn Index. This matter case is referred back to Magistrate Judge D. Thomas Ferraro for further pretrial proceedings and report and recommendation in accordance with the provisions of 28 U. S. C. § 636(b)(1) and L.R.Civ.P. 72.1 and 72.2.. Signed by Judge Cindy K Jorgenson on 4/22/2014.(BAR) Modified on 4/23/2014 (BAR). (Entered: 04/23/2014)
2014-05-1244ORDER; on or before June 9, 2014, Defendant shall provide to the Court, for in camera review, redacted copies of the interview transcripts identified as Documents 3 (in part) and 5 on the Vaughn Index, and any explanatory documents. Signed by Magistrate Judge D Thomas Ferraro on 5/9/14. (SMBE) (Entered: 05/12/2014)
2014-06-0445NOTICE re: Ex Parte Submission by United States Department of the Interior, United States Fish and Wildlife Service re: 44 Order . (Davis, Charles) (Entered: 06/04/2014)
2014-06-1346NOTICE OF ATTORNEY'S CHANGE OF ADDRESS/FIRM NAME by David Jeremy Bodney. (Bodney, David) (Entered: 06/13/2014)
2014-07-0847NOTICE re: Filing of Redacted Interview Transcripts by United States Department of the Interior, United States Fish and Wildlife Service . (Attachments: # 1 Exhibit, # 2 Exhibit)(Davis, Charles) (Entered: 07/08/2014)
2014-07-0848REPORT AND RECOMMENDATION: The Magistrate Judge recommends that the District Court, after a de novo, in camera, review, find that Defendants have complied with their obligations under FOIA. Any party may serve and file written objections within fourteen days of being served with a copy of the Report and Recommendation. Signed by Magistrate Judge D Thomas Ferraro on 7/8/2014. (BAR) (Entered: 07/08/2014)
2014-07-2549OBJECTION to 48 Report and Recommendation filed by Tony Davis, Star Publishing Company. (Moeser, James) (Entered: 07/25/2014)
2014-08-0750REPLY TO OBJECTION to 48 Report and Recommendation (Response to Plaintiff's Objection) filed by United States Department of the Interior, United States Fish and Wildlife Service. (Davis, Charles) (Entered: 08/07/2014)
2014-09-0551ORDER ADOPTING 48 Report and Recommendation.Defendants need not further redact the documents at issue. The Courts staff shall return the in camera documents (discussed in this Order and the Courts April 23, 2014, Order) and the emails between the magistrate judge and Defendants counsel to counsel for Defendants. Counsel for Defendants shall retain the documents for any appellate review. The Clerk of Court shall enter judgment and shall then close its file. Signed by Judge Cindy K Jorgenson on 9/3/14. (SMBE) (Entered: 09/05/2014)
2014-09-0552CLERK'S JUDGMENT -Defendants need not further redact the documents at issue. (SMBE) (Entered: 09/05/2014)
Hide Docket Events
by FOIA Project Staff