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Case TitleCENTER FOR BIOLOGICAL DIVERSITY v. U.S. FISH AND WILDLIFE SERVICE et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2014cv01527
Date Filed2014-09-09
Date Closed2015-09-30
JudgeJudge Rudolph Contreras
PlaintiffCENTER FOR BIOLOGICAL DIVERSITY
Case DescriptionThe Center for Biological Diversity submitted a FOIA request to U.S. Fish and Wildlife Services for records concerning the impact of the proposed Keystone Pipeline Project on various migratory species. The agency eventually told the Center that it was referring the documents to the Department of State, which had jurisdiction over the decision to approve the pipeline. The Center appealed the agency's decision to refer the records to State and after hearing nothing further, the Center filed suit.
Complaint issues: Withholding not related to exemption claims, Search - Referral, Litigation - Attorney's fees

DefendantU.S. FISH AND WILDLIFE SERVICE
DefendantU.S. DEPARTMENT OF STATE
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2014-09-091COMPLAINT against ALL DEFENDANTS ( Filing fee $ 400 receipt number 0090-3831922) filed by CENTER FOR BIOLOGICAL DIVERSITY. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Summons)(Atwood, Amy) (Entered: 09/09/2014)
2014-09-09Case Assigned to Judge Rudolph Contreras. (md, ) (Entered: 09/09/2014)
2014-09-09SUMMONS (4) Not Issued as to U.S. DEPARTMENT OF STATE, U.S. FISH AND WILDLIFE SERVICE, U.S. Attorney, U.S. Attorney General. (INCORRECT SUMMONS ISSUED. MUST BE FOIA SUMMONS) (md, ) (Entered: 09/09/2014)
2014-09-092NOTICE of Corrected Summons by CENTER FOR BIOLOGICAL DIVERSITY re 1 Complaint, Summons Not Issued (Attachments: # 1 Summons, # 2 Summons, # 3 Summons, # 4 Summons)(Atwood, Amy) (Entered: 09/09/2014)
2014-09-093MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Jared Margolis, :Firm- Center for Biological Diversity, :Address- 2852 Willamette Street; P.O. Box 171; Eugene, OR 97405. Phone No. - (971) 717-6403. Filing fee $ 100, receipt number 0090-3833405. Fee Status: Fee Paid. by CENTER FOR BIOLOGICAL DIVERSITY (Attachments: # 1 Declaration of Jared Margolis, # 2 Text of Proposed Order)(Atwood, Amy) (Entered: 09/09/2014)
2014-09-104SUMMONS (4) Issued Electronically as to U.S. DEPARTMENT OF STATE, U.S. FISH AND WILDLIFE SERVICE, U.S. Attorney and U.S. Attorney General (znmw, ) (Additional attachment(s) added on 9/10/2014: # 1 Notice and Consent) (znmw, ). (Entered: 09/10/2014)
2014-09-10MINUTE ORDER granting 3 Motion for Leave to Appear Pro Hac Vice : Pursuant to Local Civil Rule 83.2, it is hereby ORDERED that Jared Margolis is admitted to represent Plaintiff pro hac vice in this case. SO ORDERED. Signed by Judge Rudolph Contreras on 09/10/2014. (lcrc1) (Entered: 09/10/2014)
2014-09-105Corporate Disclosure Statement by CENTER FOR BIOLOGICAL DIVERSITY. (Atwood, Amy) (Entered: 09/10/2014)
2014-10-146NOTICE of Appearance by Andrea McBarnette on behalf of All Defendants (McBarnette, Andrea) (Entered: 10/14/2014)
2014-10-147RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. FISH AND WILDLIFE SERVICE served on 9/9/2014 (Attachments: # 1 Exhibit returned certified/registered mail card)(Atwood, Amy) (Entered: 10/14/2014)
2014-10-148RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF STATE served on 9/17/2014 (Attachments: # 1 Exhibit returned certified/registered mail card)(Atwood, Amy) (Entered: 10/14/2014)
2014-10-149RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 9/18/2014. (Attachments: # 1 Exhibit returned certified/registered mail card)(Atwood, Amy) (Entered: 10/14/2014)
2014-10-1410RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 9/23/2014. Answer due for ALL FEDERAL DEFENDANTS by 10/23/2014. (Attachments: # 1 Exhibit returned certified/registered mail card)(Atwood, Amy) (Entered: 10/14/2014)
2014-10-2311ANSWER to Complaint by U.S. DEPARTMENT OF STATE, U.S. FISH AND WILDLIFE SERVICE.(McBarnette, Andrea) (Entered: 10/23/2014)
2014-10-24MINUTE ORDER: It is hereby ORDERED that the parties shall meet, confer, and submit a proposed briefing schedule on or before November 7, 2014. SO ORDERED. Signed by Judge Rudolph Contreras on 10/24/2014. (lcrc1) (Entered: 10/24/2014)
2014-10-24Reset Deadlines: Meet & Confer Statement due by 11/7/2014. (tj) (Entered: 10/24/2014)
2014-11-0612STATUS REPORT on Proposed Briefing Schedule - Joint by U.S. DEPARTMENT OF STATE, U.S. FISH AND WILDLIFE SERVICE. (McBarnette, Andrea) (Entered: 11/06/2014)
2014-11-06SCHEDULING MINUTE ORDER: Upon consideration of the 12 Parties' Proposed Litigation Schedule, it is hereby ORDERED that Defendants shall make a production on or before November 28, 2014; that Plaintiff shall review the production and inform the Defendant of any further challenges or disagreements on or before December 12, 2014; that the parties shall engage in discussions regarding resolution of any outstanding issues; and that, if the parties cannot resolve disagreements, the parties shall file a status report on or before December 19, 2014, outlining a proposed briefing schedule. SO ORDERED. Signed by Judge Rudolph Contreras on 11/6/2014. (lcrc1) (Entered: 11/06/2014)
2014-12-1913STATUS REPORT Joint by U.S. DEPARTMENT OF STATE, U.S. FISH AND WILDLIFE SERVICE. (McBarnette, Andrea) (Entered: 12/19/2014)
2014-12-31MINUTE ORDER: It is hereby ORDERED that if the parties cannot resolve their disagreements, they shall file a status report on or before January 19, 2015, outlining a proposed briefing schedule. SO ORDERED. Signed by Judge Rudolph Contreras on 12/31/2014. (lcrc1) (Entered: 12/31/2014)
2014-12-31Set/Reset Deadlines: Status Report due by 1/19/2015, outlining a proposed briefing schedule. (gdf) (Entered: 12/31/2014)
2015-01-2014STATUS REPORT by CENTER FOR BIOLOGICAL DIVERSITY. (Atwood, Amy) (Entered: 01/20/2015)
2015-01-2015MOTION to Stay by CENTER FOR BIOLOGICAL DIVERSITY (Attachments: # 1 Text of Proposed Order)(Atwood, Amy) (Entered: 01/20/2015)
2015-01-30MINUTE ORDER: Upon consideration of the 14 Plaintiff's status report and 15 motion to stay, it is hereby ORDERED that said motion is GRANTED. It is FURTHER ORDERED that this matter is stayed until February 20, 2015, to allow the parties to complete the administrative FOIA process, and that on or before February 20, 2015, the parties shall file another status report or proposed schedules for briefing and filing of a Vaughn Index. SO ORDERED. Signed by Judge Rudolph Contreras on 1/30/2015. (lcrc1) (Entered: 01/30/2015)
2015-02-04Set/Reset Deadlines: Status Report due by 2/20/2015 (tj ) (Entered: 02/04/2015)
2015-02-2016STATUS REPORT by Defendant by U.S. DEPARTMENT OF STATE, U.S. FISH AND WILDLIFE SERVICE. (McBarnette, Andrea) (Entered: 02/20/2015)
2015-02-20MINUTE ORDER: Upon consideration of the 16 Defendant's status report, it is hereby ORDERED that the stay is extended until March 20, 2015, for purposes of settlement discussions. It is FURTHER ORDERED that on or before March 20, 2015, the parties shall file a joint status report with a proposed briefing schedule if they are unable to resolve outstanding issues. SO ORDERED. Signed by Judge Rudolph Contreras on 2/20/2015. (lcrc1) (Entered: 02/20/2015)
2015-02-26Set/Reset Deadlines: Status Report due by 3/20/2015 (tj ) (Entered: 02/26/2015)
2015-03-2017STATUS REPORT - Joint by U.S. DEPARTMENT OF STATE, U.S. FISH AND WILDLIFE SERVICE. (McBarnette, Andrea) (Entered: 03/20/2015)
2015-03-20MINUTE ORDER: Upon consideration of the 17 Joint Status Report, it is hereby ORDERED that the stay is extended until April 20, 2015, for purposes of settlement discussions. It is FURTHER ORDERED that on or before April 20, 2015, the parties shall file a joint status report with a proposed briefing schedule if they are unable to resolve outstanding issues. SO ORDERED. Signed by Judge Rudolph Contreras on 3/20/2015. (lcrc1) (Entered: 03/20/2015)
2015-04-2018STATUS REPORT by CENTER FOR BIOLOGICAL DIVERSITY. (Atwood, Amy) (Entered: 04/20/2015)
2015-04-2019MOTION to Stay by CENTER FOR BIOLOGICAL DIVERSITY (Attachments: # 1 Text of Proposed Order)(Atwood, Amy) (Entered: 04/20/2015)
2015-04-21MINUTE ORDER: Upon consideration of 19 Plaintiff's Status Report and Motion for Stay, it is hereby ORDERED that the stay is extended until May 20, 2015, for purposes of settlement discussions. It is FURTHER ORDERED that on or before May 20, 2015, the parties shall file a joint status report with a proposed briefing schedule if they are unable to resolve outstanding issues. SO ORDERED. Signed by Judge Rudolph Contreras on 4/21/2015. (lcrc1) (Entered: 04/21/2015)
2015-05-2220STATUS REPORT by CENTER FOR BIOLOGICAL DIVERSITY. (Atwood, Amy) (Entered: 05/22/2015)
2015-05-2221MOTION to Stay by CENTER FOR BIOLOGICAL DIVERSITY (Attachments: # 1 Text of Proposed Order)(Atwood, Amy) (Entered: 05/22/2015)
2015-05-22MINUTE ORDER: Upon consideration of 21 Plaintiff's Status Report and Motion for Stay, it is hereby ORDERED that the stay is extended until June 20, 2015, for purposes of settlement discussions. It is FURTHER ORDERED that on or before June 20, 2015, the parties shall file a joint status report with a proposed briefing schedule if they are unable to resolve outstanding issues. SO ORDERED. Signed by Judge Rudolph Contreras on 5/22/2015. (lcrc1) (Entered: 05/22/2015)
2015-06-2222STATUS REPORT Joint Status Report by U.S. DEPARTMENT OF STATE, U.S. FISH AND WILDLIFE SERVICE. (Ross, Carl) (Entered: 06/22/2015)
2015-06-2223NOTICE OF SUBSTITUTION OF COUNSEL by Carl Ezekiel Ross on behalf of All Defendants Substituting for attorney Andrea McBarnette (Ross, Carl) (Entered: 06/22/2015)
2015-06-22MINUTE ORDER: Upon consideration of 22 the parties' Joint Status Report, it is hereby ORDERED that the stay is extended until July 22, 2015, for purposes of settlement discussions. It is FURTHER ORDERED that on or before July 22, 2015, the parties shall file a joint status report with a proposed briefing schedule if they are unable to resolve outstanding issues. SO ORDERED. Signed by Judge Rudolph Contreras on 6/22/2015. (lcrc1) (Entered: 06/22/2015)
2015-06-23Stay extended to 7/22/15; Status Report due by 7/22/2015. (tj) (Entered: 06/23/2015)
2015-07-2224STATUS REPORT Joint Status Report by U.S. DEPARTMENT OF STATE, U.S. FISH AND WILDLIFE SERVICE. (Ross, Carl) (Entered: 07/22/2015)
2015-07-22MINUTE ORDER: Upon consideration of 24 the parties' Joint Status Report, it is hereby ORDERED that the stay is extended until August 14, 2015. It is FURTHER ORDERED that on or before August 14, 2015, the parties shall file a joint status report or stipulation of dismissal. SO ORDERED. Signed by Judge Rudolph Contreras on 7/22/2015. (lcrc1) (Entered: 07/22/2015)
2015-08-1425Consent MOTION for Extension of Time to File by U.S. DEPARTMENT OF STATE, U.S. FISH AND WILDLIFE SERVICE (Attachments: # 1 Text of Proposed Order)(Ross, Carl) (Entered: 08/14/2015)
2015-08-17MINUTE ORDER granting 25 Defendants' consent motion for extension of time: It is hereby ORDERED that the stay is extended until September 2, 2015. It is FURTHER ORDERED that the parties shall file an executed settlement agreement and/or a stipulation of dismissal on or before September 2, 2015. SO ORDERED. Signed by Judge Rudolph Contreras on 8/17/2015. (lcrc1) (Entered: 08/17/2015)
2015-09-0326STIPULATION of Settlement and Dismissal by U.S. DEPARTMENT OF STATE, U.S. FISH AND WILDLIFE SERVICE. (Ross, Carl) (Entered: 09/03/2015)
2015-09-0427ORDER approving 26 the Stipulation of Settlement filed on September 3, 2015. See document for details. Signed by Judge Rudolph Contreras on 9/3/2015. (lcrc1) (Entered: 09/04/2015)
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