Case Detail

FOIA Project Annotation: A federal magistrate judge in Oregon has ruled that Columbia River Keeper is entitled to $89,000 in atorney's fees and costs for its successful litigation against the U.S. Army Corps of Engineers. CRK requested fees for Christopher Winter, a Portland environmental law attorney, and Miles Johnson, a recent member of the bar who worked as an attorney at CRK. After finding the hourly rates for attorneys in Portland applied to both attorneys, the magistrate judge rejected the Corps' argument that Winter's hourly rate should not be based on his experience as an environmental attorney because that background was not relevant to the FOIA action. The magistrate judge agreed with CRK and pointed out that "Winter's special knowledge of environmental law, and [the National Environmental Policy Act] in particular, was necessary to justify why the documents at issue did not fall under the various privileges asserted by the Corps." But because of Johnson's limited experience and the fact that he was assisted by Winter, the magistrate judge agreed that his hours were excessive. Part of the litigation focused on the Corps' motion for a protective order covering the inadvertent disclosure of a document it claimed was exempt. The Corps argued that it had prevailed on that aspect of the litigation and that it was unrelated to the FOIA claim. The magistrate agreed, noting that "the Corp's motion for protective order, and by extension, CRK's opposition brief, was unrelated to the FOIA claim CRK was ultimately successful on." As a result, the magistrate judge reduced the number of hours claimed to account for that portion of the litigation. The magistrate judge awarded CRK fees for its litigation of the fee issue, but again reduced Johnson's claimed hours as excessive. The Corps challenged CRK's request for $6,000 in costs, $5,500 of which was for three expert witnesses to support the fee claim. The magistrate judge found that one of the expert's declarations "provided the Court with some guidance during its review of materials submitted in this case." But the magistrate judge concluded the other two expert witness declarations were duplicative and reduced CRK's cost award to cover only the one expert witness declaration.
Issues: Litigation - Attorney's fees, Litigation - Attorney's fees - Entitlement - Calculation of award

Date Filed	Doc #	Docket Text
2013-08-26	1	Complaint. Filing fee in the amount of $400 collected. Agency Tracking ID: 0979-3400075 Jury Trial Requested: No. Filed by Columbia Riverkeeper against All Defendants (Attachments: # 1 Exhibit Exhibit 1, Riverkeeper's Second Administrative Appeal, # 2 Civil Cover Sheet Civil Cover Sheet, # 3 Proposed Summons Proposed Summons to Corps, # 4 Proposed Summons Proposed Summons to Gen. Bostick). (Johnson, Miles) (Entered: 08/26/2013)
2013-08-26	2	Notice of Case Assignment to Magistrate Judge Paul Papak and Discovery and Pretrial Scheduling Order. Discovery is to be completed by 12/24/2013. Joint Alternate Dispute Resolution Report is due by 1/23/2014. Pretrial Order is due by 1/23/2014. Ordered by Magistrate Judge Paul Papak. (eo) (Entered: 08/26/2013)
2013-08-26	3	Summons Issued Electronically as to Thomas P. Bostick, U.S. Army Corps Of Engineers. NOTICE: Counsel shall print and serve the summonses and all documents issued by the Clerk at the time of filing upon all named parties in accordance with Local Rule 3-5. (eo) (Entered: 08/26/2013)
2013-09-26	4	First Amended Complaint . Filed by Columbia Riverkeeper against U.S. Army Corps Of Engineers (Attachments: # 1 Exhibit Riverkeeper's Second FOIA Appeal, # 2 Attachment Declaration in support of service of amended complaint). (Johnson, Miles) (Entered: 09/26/2013)
2013-10-10	5	Answer to 4 Amended Complaint, . Filed by U.S. Army Corps Of Engineers. (Danielson, Kevin) (Entered: 10/10/2013)
2013-10-10	6	ORDER issued by Magistrate Judge Paul Papak: Rule 16 Conference set for 12/2/2013 at 2:00PM in Chambers. Local Rules 16-2(b) and 26-1(a)(b) require that counsel confer prior to the conference. At the conference, counsel should be prepared to discuss the status of the case, relevant dates and deadlines, and any other significant issues. If consents are going to be filed, it is helpful if they are filed prior to the time of the conference, particularly if a firm trial date is desired. (gm) (Entered: 10/10/2013)
2013-11-27	7	Joint Status Report and Proposed Case Management Schedule by Columbia Riverkeeper. Filed by Columbia Riverkeeper. (Johnson, Miles) (Entered: 11/27/2013)
2013-12-02	8	MINUTES OF PROCEEDINGS before Magistrate Judge Paul Papak: Rule 16 Conference held 12/2/13. Order Resetting the following deadlines: Dispositive motions deadline (re)set to 1/15/2014. Response to dispositive motion(s) and cross-motion(s) due 2/14/2014. Reply to response to dispositive motion(s) and response to cross-motion(s) due 2/27/2014. Reply to response to cross-motion(s) due 3/14/2014. Oral argument on dispositive motions, once filed, will be set for 4/2/2014 at 9:30AM. Christopher Winter; Miles Johnson present as counsel for plaintiff(s). Kevin Danielson present as counsel for defendant(s). Court Reporter: (None). (gm) (Entered: 12/03/2013)
2013-12-20	9	Full Consent by all Parties to Jurisdiction by US Magistrate Judge. (cib) (Entered: 12/20/2013)
2014-01-15	10	Joint Motion to Modify the Scheduling Order . Filed by U.S. Army Corps Of Engineers. (Danielson, Kevin) (Entered: 01/15/2014)
2014-01-15	11	ORDER issued by Magistrate Judge Paul Papak: Granting the parties' Joint Motion for Extension of Time 10 as follows and as modified: Dispositive motions deadline (re)set to 2/5/2014. Response to dispositive motion(s) and cross-motion(s) due 3/7/2014. Reply to response to dispositive motion(s) and response to cross-motion(s) due 3/21/2014. Reply to response to cross-motion(s) due 4/4/2014. Oral argument on dispositive motions, once filed, will be set for 4/22/2014 at 10:00AM. (gm) (Entered: 01/15/2014)
2014-02-05	12	MINUTES OF PROCEEDINGS before Magistrate Judge Paul Papak: Telephone Conference held 2/5/14. Order: Striking the present dispositive motion schedule. Plaintiff will have until 2/18/2014 to file its motion to "claw back" material; Defendant will have until 3/4/2014 to file its response. Once final ruling is issued as to the motion, the parties shall confer and submit a revised briefing schedule concerning dispositive motions. Christopher Winter; Miles Johnson present as counsel for plaintiff(s). Kevin Danielson present as counsel for defendant(s). Court Reporter: (None). (gm) (Entered: 02/05/2014)
2014-02-05	13	AMENDED MINUTES OF PROCEEDINGS before Magistrate Judge Paul Papak: Telephone Conference held 2/5/14. Order: Striking the present dispositive motion schedule. Defendant will have until 2/18/2014 to file its motion to "claw back" material; Plaintiff will have until 3/4/2014 to file its response. Once final ruling is issued as to the motion, the parties shall confer and submit a revised briefing schedule concerning dispositive motions. Christopher Winter; Miles Johnson present as counsel for plaintiff(s). Kevin Danielson present as counsel for defendant(s). Court Reporter: (None). (gm) (Entered: 02/06/2014)
2014-02-18	14	Motion for Protective Order . Filed by U.S. Army Corps Of Engineers. (Danielson, Kevin) (Entered: 02/18/2014)
2014-02-18	15	Memorandum in Support of Motion for a Protective Order . Filed by U.S. Army Corps Of Engineers. (Related document(s): Motion for Protective Order 14 .) (Danielson, Kevin) (Entered: 02/18/2014)
2014-02-18	16	Declaration of Misty Latcu . Filed by U.S. Army Corps Of Engineers. (Related document(s): Motion for Protective Order 14 .) (Danielson, Kevin) (Entered: 02/18/2014)
2014-02-18	17	Declaration of Kevin Danielson . Filed by U.S. Army Corps Of Engineers. (Related document(s): Motion for Protective Order 14 .) (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4) (Danielson, Kevin) (Entered: 02/18/2014)
2014-02-18	18	ORDER issued by Magistrate Judge Paul Papak: Setting Defendant's Motion for a Protective Order 14 on the under advisement calendar of 3/5/2014. Response to discovery motion due by 3/4/2014. (gm) (Entered: 02/18/2014)
2014-03-04	19	Response in Opposition to Motion for Protective Order 14 . Filed by Columbia Riverkeeper. (Johnson, Miles) (Entered: 03/04/2014)
2014-03-04	20	Declaration of Winter in Support of Plaintiff's Response in Opposition to Defendant's Motion for Protective Order . Filed by Columbia Riverkeeper. (Related document(s): Response to Discovery Motion 19 .) (Johnson, Miles) (Entered: 03/04/2014)
2014-03-04	21	Declaration of VandenHeuvel in Support of Plaintiff's Response in Opposition to Defendant's Motion for Protective Order . Filed by Columbia Riverkeeper. (Related document(s): Response to Discovery Motion 19 .) (Attachments: # 1 Exhibit No. 1, # 2 Exhibit No. 2, # 3 Exhibit No. 3) (Johnson, Miles) (Entered: 03/04/2014)
2014-03-19	22	OPINION & ORDER: Defendant's Motion for a Protective Order 14 is Granted. CRK is ordered to return or destroy all copies in its possession or control of the electronic file produced to it by the Corps on January 29, 2014, and CRK is further ordered to refrain from any use or disclosure of any of the information contained therein, except to the extent that such information is contained in the Corps' production of February 3, 2014. Signed on 3/19/14 by Magistrate Judge Paul Papak. (gm) (Entered: 03/19/2014)
2014-03-31	23	Joint Motion for Extension of Time Joint Motion to Modify the Scheduling Order . Filed by U.S. Army Corps Of Engineers. (Danielson, Kevin) (Entered: 03/31/2014)
2014-04-01	24	ORDER issued by Magistrate Judge Paul Papak: Granting the parties' Joint Motion for Extension of Time 23 as follows: Dispositive motions deadline (re)set to 4/30/2014. Response to dispositive motion(s) and cross-motion(s) due 5/28/2014. Reply to response to dispositive motion(s) and response to cross-motion(s) due 6/11/2014. Reply to response to cross-motion(s) due 6/25/2014. Oral argument on dispositive motions, once filed, will be set for 7/1/2014 at 10:00AM. (gm) (Entered: 04/01/2014)
2014-04-30	25	Unopposed Motion for Extension of Time . Filed by U.S. Army Corps Of Engineers. (Danielson, Kevin) (Entered: 04/30/2014)
2014-04-30	26	ORDER issued by Magistrate Judge Paul Papak: Granting Defendants' Unopposed Motion for Extension of Time 25 as follows: Dispositive Motions deadline reset to 5/1/2014. All other dispositive motion briefing deadlines will remain as previously set. (gm) (Entered: 04/30/2014)
2014-05-01	27	Motion for Summary Judgment and Memorandum in Support . Filed by U.S. Army Corps Of Engineers. (Danielson, Kevin) (Entered: 05/01/2014)
2014-05-01	28	Declaration of Janice E. Sorensen . Filed by U.S. Army Corps Of Engineers. (Related document(s): Motion for Summary Judgment 27 .) (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5) (Danielson, Kevin) (Entered: 05/01/2014)
2014-05-01	29	Declaration of Kevin Danielson . Filed by U.S. Army Corps Of Engineers. (Related document(s): Motion for Summary Judgment 27 .) (Attachments: # 1 Exhibit 1) (Danielson, Kevin) (Entered: 05/01/2014)
2014-05-05	30	ORDER issued by Magistrate Judge Paul Papak: Setting Defendant's Motion for Summary Judgment 27 on the Oral Argument Calendar of 7/1/2014 at 10:00AM in Courtroom 10-B. (gm) (Entered: 05/05/2014)
2014-05-20	31	ORDER issued by Magistrate Judge Paul Papak: Resetting Defendant's Motion for Summary Judgment 27 from 7/1/2014 at 10:00AM to the Oral Argument Calendar of 7/22/2014 at 10:00AM in Courtroom 10-B. (gm) (Entered: 05/20/2014)
2014-05-28	32	Cross Motion for Summary Judgment and Response . Oral Argument requested. Filed by Columbia Riverkeeper. (Johnson, Miles) (Entered: 05/28/2014)
2014-05-28	33	Declaration of Miles B. Johnson . Filed by Columbia Riverkeeper. (Related document(s): Cross Motion for Summary Judgment 32 .) (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit) (Johnson, Miles) Modified on 5/29/2014 (gm). (Entered: 05/28/2014)
2014-05-28	34	Exhibits to Declaration of Miles B. Johnson (Part 2) . Filed by Columbia Riverkeeper. (Related document(s): Motion for Summary Judgment 32 .) (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit) (Johnson, Miles) Modified on 5/29/2014 (gm). (Entered: 05/28/2014)
2014-05-28	35	Exhibits to Declaration of Miles B. Johnson (Part 3) . Filed by Columbia Riverkeeper. (Related document(s): Motion for Summary Judgment 32 .) (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit) (Johnson, Miles) Modified on 5/29/2014 (gm). (Entered: 05/28/2014)
2014-05-29	36	Order for Administrative Correction of the Record pursuant to Fed. R. Civ. P. 60(a). A Clerical error has been discovered in the case record. The Clerk is directed to make the following administrative corrections to the record: Docket text for the following entries have been modified as follows: Document 34 reads as "Exhibits to Declaration of Miles B. Johnson (Part 2)"; Document 35 reads as "Exhibits to Declaration of Miles B. Johnson (Part 3)". (gm) (Entered: 05/29/2014)
2014-06-10	37	Unopposed Motion for Extension of Time . Filed by U.S. Army Corps Of Engineers. (Danielson, Kevin) (Entered: 06/10/2014)
2014-06-11	38	ORDER issued by Magistrate Judge Paul Papak: Granting Defendant's Unopposed Motion for Extension of Time 37 as follows: Reply to response to dispositive motion and response to cross-motion due by 6/13/2014. Reply to response to cross-motion due by 6/27/2014. Order: Setting Plaintiff's Cross-Motion for Summary Judgment 32 on the Oral Argument Calendar of 7/22/2014 at 10:00AM in Portland Courtroom 10B before Magistrate Judge Paul Papak (at the time set for oral argument on dispositive motions). (gm) (Entered: 06/11/2014)
2014-06-13	39	Reply (Combined) to Motion for Summary Judgment and Memorandum in Support 27 , Cross Motion for Summary Judgment and Response 32 Oral Argument requested. Filed by U.S. Army Corps Of Engineers. (Danielson, Kevin) (Entered: 06/13/2014)
2014-06-27	40	Reply to Defendant's Response to Cross Motion for Summary Judgment and Response 32 Oral Argument requested. Filed by Columbia Riverkeeper. (Johnson, Miles) (Entered: 06/27/2014)
2014-08-14	41	OPINION & ORDER: The Corps' motion 27 for summary judgment is Granted as to the Corps' decision to withhold from production in response to CRK's FOIA request the document bearing Vaughn Nos. 102-103 and is otherwise Denied, and CRK's cross-motion 32 for summary judgment is Denied as to that same document and is otherwise Granted. The Corps is directed to produce to CRK all reasonably segregable information contained in the draft memoranda (other than the document bearing Vaughn Nos. 102-1 03) and briefing materials at issue herein, in a manner consistent with the discussion above. A final judgment will be prepared. Signed on 8/14/14 by Magistrate Judge Paul Papak. (gm) (Entered: 08/14/2014)
2014-08-15	42	JUDGMENT: It is Ordered and Adjudged that this action is Dismissed with prejudice. Pending motions, if any, are Denied as Moot. Signed on 8/15/14 by Magistrate Judge Paul Papak. (gm) (Entered: 08/15/2014)
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