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Case TitleOur Children's Earth Foundation et al v. National Marine Fisheries Service et al
DistrictNorthern District of California
CitySan Francisco
Case Number3:2014cv01130
Date Filed2014-03-11
Date Closed2016-03-14
JudgeHon. William H. Orrick
PlaintiffOur Children's Earth Foundation a non-profit corporation
PlaintiffEcological Rights Foundation a non-profit corporation
Case DescriptionOur Children's Earth Foundation and the Ecological Rights Foundation submitted two FOIA requests to the National Marine Fisheries Service for records concerning the potential impact of Stanford University's water diversion plan on the Central California Coastal steelhead. After delays and partial responses, the foundations filed suit, alleging the agency's conduct constituted a pattern and practice of violating FOIA.
Complaint issues: Adequacy - Search, Litigation - Attorney's fees

DefendantNational Marine Fisheries Service
DefendantPenny Prittzker in official capacity as Secretary of Commerce
DefendantRodney McInnes in official capacity as Regional Administrator, NMFS Southwest Region
DefendantUnited States Fish And Wildlife Service
DefendantSally Jewell as Secretary of the Interior
DefendantDft
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Opinion/Order [59]
FOIA Project Annotation: A federal court in California has granted declaratory judgment to Our Children's Earth Foundation after finding the National Marine Fisheries Service's routine violation of FOIA's time limits constituted a pattern and practice. Judge Samuel Conti noted that "although the Court and many others have recognized that agencies' resources are heavily taxed by the quantity and depth of FOIA requests, that does not grant the agency carte blanche to repeatedly violate congressionally mandated deadlines." The case involved four FOIA requests that the Foundation made as part of its complex litigation against the government for alleged violations of the Endangered Species Act relating to the Steelhead trout and the role Stanford University's water-use practices might play in the Steelhead's fate. The Foundation challenged the agency's search as to two of the four requests. While the affidavit of Gary Stern, the Branch Chief of the Fisheries Service's San Francisco Bay Branch, provided significant detail as to the search for one request that yielded 36,000 pages, the court was disturbed by the lack of detail pertaining to the search for the second request, particularly since the search did not uncover responsive records of an investigation in the Office of Law Enforcement, even though Stern was part of some conversations pertaining to those records. Conti noted that "documents from that investigation clearly fall within the Scope of Plaintiffs' first and third FOIA requests. . .Yet it is undisputed that Plaintiffs' requests were not forwarded to the Office of Law Enforcement and no searches took place there." The agency had withheld information on email chains identifying personnel in the Office of Law Enforcement under Exemption 6 (invasion of privacy). Conti observed that "the investigation of the Steelhead is not hotly controversial and is unlikely to subject any of the individuals involved to harassment or embarrassment." Finding the agency's claims were so far insufficiently justified, he pointed out that "to be sure, there may well be some non-trivial privacy interest implicated here. However, the Court cannot conclude these documents are categorically protected merely because they contain names and contact information." He found the agency had failed to show that it had conducted an adequate segregability analysis for records withheld under Exemption 5 (privileges). He pointed out that an attachment containing an email about a conversation between Stern and a staffer of a public interest organization that Stern forwarded to an agency attorney for legal advice did not likely qualify for attorney-client privilege.
Issues: Segregability - Disclosure of all non-exempt records, Exemption 7(C) - Invasion of privacy concerning law enforcement records, Adequacy - Search
Opinion/Order [70]
Opinion/Order [72]
FOIA Project Annotation: A federal court in California has ruled that the National Marine Fisheries Service has finally shown that it conducted an adequate search for records requested by Our Children's Earth Foundation, properly withheld a document under Exemption 5 (deliberative process privilege), and sufficiently justified its segregability analysis. Further, while the court admonished the agency for its constant lengthy delays in processing FOIA requests, it concluded that the agency's performance in this case had improved sufficiently enough to show that it no longer had a pattern or practice of violating FOIA through delay. The Foundation challenged the search primarily on the basis that the agency's affidavits constituted hearsay because they were not based on personal knowledge. But Judge Samuel Conti noted that "the Court finds that the affidavits submitted are from the supervisor in charge of coordinating the search efforts or person responsible for 'portions of' the search, and thus overrules the objection." Conti agreed with the agency that a draft chart was protected by the deliberative process privilege. He pointed out that "while perhaps not directly meant to assist decisionmakers to arrive at a decision, it is clear the author meant to educate a more senior member of the office on whether and why to request a (perhaps higher-up) decisionmaker to arrive at a specific decision." The Foundation argued that while the document might be predecisional, it was not deliberative. But Conti observed that "the Fisheries Service makes clear that exposure of the remainder of the document in question would provide nothing more than the personal opinions of a single, lower-level worker (opinions based in part on materials later deemed factually erroneous) who was trying to have a frank and open dialogue with a senior employee on whether and how to make a recommendation to a decisionmaker." Conti relied on the Ninth Circuit's recent decision in Hamdan v. Dept of Justice, 797 F.3d 779 (9th Cir. 2015), in which the appellate court found that the FBI and the Department of State had provided adequate explanations of their segregability review, while the DIA's explanation was virtually non-existent. Comparing the appellate court's findings to those of the NMFS, Conti indicated that "on the whole, this case seems most analogous to the submission by the FBI, where the declarations are not ideal but the disclosures and cited exceptions show enough good faith that the Court should accept the agency's explanations at face value." Conti noted that "several pieces of information suggest that insofar as there may have been a pattern-and-practice [of delay], it is being corrected," including quicker processing times. Conti observed that "the evidence is clear as to whether a pattern-and-practice existed in the past. Moreover, Plaintiffs provide the Court a reasonable basis to believe that these infractions will be ongoing." Rather than sanction the agency, Conti ordered it to complete any outstanding requests by the Foundation. He pointed out that "while the Court cannot accept good faith as a shield to fully protect Defendants from rebuke, the ongoing efforts of the Fisheries Service to improve suggested that intervention by the Court may not be necessary to fix ongoing violations. The Court stands by its earlier reasoning, and its belief that some leniency in the exercise of its discretion may be merited. However, the Court cannot turn a blind eye to the evidence put forth by Plaintiffs."
Issues: Exemption 5 - Privileges - Deliberative process privilege - Deliberative, Adequacy - Search
Opinion/Order [74]
Opinion/Order [75]
FOIA Project Annotation: Judge William Orrick has resolved the remaining issues left over in a pattern and practice case against the National Marine Fisheries Service by the retirement of Judge Samuel Conti. Conti had ruled previously that NMFS has failed to respond to a series of complex requests submitted by Our Children's Earth Foundation and that as a result, the agency appeared to have a pattern and practice of routinely delaying responses by months. But in his last opinion in the case, Conti had been largely satisfied that the problems had been cleared up, that the agency was making progress in clearing out its backlog, and that, therefore, there was no reason to penalize the agency for its previous behavior. Finding the agency had resolved the problems, Orrick noted that "the hard evidence provided about [the agency's] elimination of its backlog and the actual hiring of additional staff (as opposed to the mere promise or expectation of hiring additional staff), lead me to conclude that further injunctive relief is not warranted and that this case should, finally, come to its conclusion. It is apparent�"as Judge Conti found�"that NMFS was at one time routinely failing to obey FOIA's deadlines. It is also apparent that NMFS has made significant improvements and structural changes (in technology and staffing) that are to continue in the future. For purposes of these cases, that is enough."
Issues: Delay - Backlog reduction activities
Opinion/Order [81]
Opinion/Order [91]
Opinion/Order [103]
FOIA Project Annotation: A federal court in California has ruled that while two environmental organizations are entitled to attorney's fees for their suit against the National Marine Fisheries Service for records concerning water diversions by Stanford University that the groups contended harmed the Central California Coast steelhead, their request for $723,000 is excessive, primarily because its attorneys used an hourly rate based on complex litigation in the San Francisco area, rather than rates for FOIA or environmental litigation. Our Children's Earth Foundation and the Ecological Rights Foundation filed a number of requests with NMFS for records related to the Stanford claim. In two lawsuits, the court found NMFS had grossly violated FOIA time limits and ruled that the requesters could seek declaratory relief. The court eventually found that NMFS had conducted an adequate search and accepted most of its exemption claims. After finding the agency had taken steps to improve its backlog, the court decided the agency no longer had a pattern or practice of violating the time limits. The two organizations than filed a motion for $723,202 in attorney's fees, as well at $3,190 in costs. Judge William Orrick found the plaintiffs had succeeded in a number of their contentions and were entitled to attorney's fees for both cases. However, he found that the hourly rate was excessive. Orrick explained that "I do not find plaintiffs' focus"on large scale, complex class action cases to be persuasive. That is not to say that FOIA cases cannot be complex. But the high rates awarded for complex class action cases can be explained in large part by the necessity in those cases for plaintiffs' counsel to incur significant cost outlays. . .and attorney time to review [documents]. . .which are not typically required in FOIA cases and were not required in these cases." He added that "plaintiffs shall recalculate their lodestar based on hourly rates that are consistent with the rates they requested in prior FOIA or environmental cases for the same time periods." Although NMFS argued that much of the time claimed was either for issues the plaintiffs lost or was redundant, Orrick accepted most of the plaintiffs' claims with occasional reductions. Orrick rejected compensation claims for document review, noting that "plaintiffs do not cite any case law allowing for recovery of time spent reviewing document productions where the review is necessary for a plaintiff to be able to challenge the adequacy of the search or the propriety of withholdings."
Issues: Litigation - Attorney's fees - Entitlement - Calculation of award
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2014-03-111COMPLAINT against Rodney McInnes, National Marine Fisheries Service, Penny Prittzker ( Filing fee $ 400, receipt number 0971-8440850.). Filed byOur Children's Earth Foundation, Ecological Rights Foundation. (Attachments: # 1 Exhibit 1 to the Complaint, # 2 Civil Cover Sheet)(Sproul, Christopher) (Filed on 3/11/2014) (Entered: 03/11/2014)
2014-03-112Proposed Summons. (Costa, Michael) (Filed on 3/11/2014) (Entered: 03/11/2014)
2014-03-113Case assigned to Magistrate Judge Maria-Elena James. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening. Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. Counsel is required to send chambers a copy of the initiating documents pursuant to L.R. 5-1(e)(7). A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. (haS, COURT STAFF) (Filed on 3/11/2014) (Entered: 03/11/2014)
2014-03-124Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 6/5/2014. Case Management Conference set for 6/12/2014 10:00 AM. (Attachments: # 1 Standing Order, # 2 Standing Order)(hdjS, COURT STAFF) (Filed on 3/12/2014) (Entered: 03/12/2014)
2014-03-125Summons Issued as to Rodney McInnes, National Marine Fisheries Service, Penny Prittzker., Summons Issued as to Rodney McInnes, National Marine Fisheries Service, Penny Prittzker, U.S. Attorney and U.S. Attorney General (hdjS, COURT STAFF) (Filed on 3/12/2014) (Entered: 03/12/2014)
2014-03-136CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Ecological Rights Foundation, Our Children's Earth Foundation.. (Attachments: # 1 Certificate/Proof of Service Consent)(Costa, Michael) (Filed on 3/13/2014) (Entered: 03/13/2014)
2014-03-137CERTIFICATE OF SERVICE by Ecological Rights Foundation, Our Children's Earth Foundation re 5 Summons Issued, Summons Issued as to USA,, 3 Case Assigned by Intake,,, 1 Complaint, 4 Initial Case Management Scheduling Order with ADR Deadlines, inter alia (Costa, Michael) (Filed on 3/13/2014) (Entered: 03/13/2014)
2014-03-188CERTIFICATE OF SERVICE by Ecological Rights Foundation, Our Children's Earth Brochure Entitled Consenting To A Magistrate Judges Jurisdiction In The Northern District Of California (Costa, Michael) (Filed on 3/18/2014) (Entered: 03/18/2014)
2014-04-229MOTION to Intervene (Unopposed Administrative); Notice of Unopposed Administrative Motion for Leave to Intervene; Memorandum of Points and Authorities in Support Thereof With Proposed Answer In Intervention filed by The Board of Trustees of the Leland Stanford Junior University. Responses due by 5/6/2014. Replies due by 5/13/2014. (Attachments: # 1 Exhibit A)(Flanagan, Sarah) (Filed on 4/22/2014) (Entered: 04/22/2014)
2014-04-2210Proposed Order re 9 MOTION to Intervene (Unopposed Administrative); Notice of Unopposed Administrative Motion for Leave to Intervene; Memorandum of Points and Authorities in Support Thereof With Proposed Answer In Intervention Granting Stanford's Unopposed Administrative Motion for Leave to Intervene by The Board of Trustees of the Leland Stanford Junior University. (Flanagan, Sarah) (Filed on 4/22/2014) (Entered: 04/22/2014)
2014-04-2211CERTIFICATE OF SERVICE by The Board of Trustees of the Leland Stanford Junior University re 10 Proposed Order, 9 MOTION to Intervene (Unopposed Administrative); Notice of Unopposed Administrative Motion for Leave to Intervene; Memorandum of Points and Authorities in Support Thereof With Proposed Answer In Intervention (Flanagan, Sarah) (Filed on 4/22/2014) (Entered: 04/22/2014)
2014-04-2212CLERKS NOTICE DIRECTING DEFENDANTS TO FILE CONSENT OR DECLINATION BY APRIL 30, 2014. (rmm2S, COURT STAFF) (Filed on 4/22/2014) (Entered: 04/22/2014)
2014-04-2313CERTIFICATE OF SERVICE by Ecological Rights Foundation, Our Children's Earth re 12 Clerks Notice Service of Consent/Declination Form (Costa, Michael) (Filed on 4/23/2014) (Entered: 04/23/2014)
2014-04-3014CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Rodney McInnes, National Marine Fisheries Service, Penny Prittzker.. (Howell, Coby) (Filed on 4/30/2014) (Entered: 04/30/2014)
2014-04-3015CLERK'S NOTICE of Impending Reassignment to U.S. District Judge (rmm2S, COURT STAFF) (Filed on 4/30/2014) (Entered: 04/30/2014)
2014-04-3016ORDER REASSIGNING CASE. Case reassigned to Judge Hon. Samuel Conti for all further proceedings. Magistrate Judge Maria-Elena James no longer assigned to the case. Signed by Executive Committee on 4/30/14. (sv, COURT STAFF) (Filed on 4/30/2014) (Entered: 04/30/2014)
2014-05-0817NOTICE of Appearance by Patricia Lynn Weisselberg (Weisselberg, Patricia) (Filed on 5/8/2014) (Entered: 05/08/2014)
2014-05-0818ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options ERF's ADR Certification (Costa, Michael) (Filed on 5/8/2014) (Entered: 05/08/2014)
2014-05-0819ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options OCE's ADR Certification (Costa, Michael) (Filed on 5/8/2014) (Entered: 05/08/2014)
2014-05-1220AMENDED COMPLAINT against All Defendants. Filed byOur Children's Earth. (Weisselberg, Patricia) (Filed on 5/12/2014) (Entered: 05/12/2014)
2014-05-1221Order by Hon. Samuel Conti granting 9 Motion to Intervene.(tmi, COURT STAFF) (Filed on 5/12/2014) (Entered: 05/12/2014)
2014-05-1522CLERKS NOTICE on Reassignment. Case Management Statement due by 8/1/2014. Case Management Conference set for 8/8/2014 10:00 AM in Courtroom 1, 17th Floor, San Francisco. (tmi, COURT STAFF) (Filed on 5/15/2014) (Entered: 05/15/2014)
2014-05-2123Defendant Intervenor's ANSWER to 20 Amended Complaint (First Claim for Relief) byThe Board of Trustees of the Leland Stanford Junior University. (Turcios, Erica) (Filed on 5/21/2014) Modified on 5/26/2014 (aaaS, COURT STAFF). (Entered: 05/21/2014)
2014-05-2124Certificate of Interested Entities by The Board of Trustees of the Leland Stanford Junior University and Disclosure Statement (No Interests to Report) (Turcios, Erica) (Filed on 5/21/2014) (Entered: 05/21/2014)
2014-05-2125Certificate of Interested Entities by Ecological Rights Foundation, Our Children's Earth Foundation (Costa, Michael) (Filed on 5/21/2014) (Entered: 05/21/2014)
2014-05-2126Certificate of Interested Entities by Ecological Rights Foundation, Our Children's Earth Foundation Rule 7.1 Disclosure Statement (Costa, Michael) (Filed on 5/21/2014) (Entered: 05/21/2014)
2014-05-2327STIPULATION WITH PROPOSED ORDER Joint Case Management Stipulation filed by Sally Jewell, Rodney McInnes, National Marine Fisheries Service, Penny Prittzker, United States Fish And Wildlife Service. (Howell, Coby) (Filed on 5/23/2014) (Entered: 05/23/2014)
2014-05-2328NOTICE of Appearance by Michael Thomas Pyle NOTICE OF APPEARANCE OF ADDITIONAL COUNSEL FOR DEFENDANTS (Pyle, Michael) (Filed on 5/23/2014) (Entered: 05/23/2014)
2014-05-3029Order by Hon. Samuel Conti granting 27 Case Management Stipulation.(tmi, COURT STAFF) (Filed on 5/30/2014) (Entered: 05/30/2014)
2014-06-1930ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Turcios, Erica) (Filed on 6/19/2014) (Entered: 06/19/2014)
2014-07-1231Declaration of Michael A. Costa IN SUPPORT OF PLAINTIFFS MOTION FOR PARTIAL SUMMARY JUDGMENT ON FOIA CLAIMS filed byEcological Rights Foundation, Our Children's Earth Foundation. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21 Exhibit 21, # 22 Exhibit 22, # 23 Exhibit 23, # 24 Exhibit 24, # 25 Exhibit 25, # 26 Exhibit 26, # 27 Exhibit 27, # 28 Exhibit 28, # 29 Exhibit 29, # 30 Exhibit 30, # 31 Exhibit 31, # 32 Exhibit 32, # 33 Exhibit 33, # 34 Exhibit 34, # 35 Exhibit 35)(Costa, Michael) (Filed on 7/12/2014) (Entered: 07/12/2014)
2014-07-1232MOTION for Partial Summary Judgment FOIA Claims filed by Ecological Rights Foundation, Our Children's Earth Foundation. Motion Hearing set for 8/22/2014 10:00 AM in Courtroom 1, 17th Floor, San Francisco before Hon. Samuel Conti. Responses due by 7/28/2014. Replies due by 8/4/2014. (Attachments: # 1 Declaration of Christopher Sproul, # 2 Proposed Order)(Sproul, Christopher) (Filed on 7/12/2014) (Entered: 07/12/2014)
2014-07-1533STIPULATION WITH PROPOSED ORDER Joint Case Management Stipulation and Proposed Order filed by Sally Jewell, Rodney McInnes, National Marine Fisheries Service, Penny Prittzker, United States Fish And Wildlife Service. (Howell, Coby) (Filed on 7/15/2014) (Entered: 07/15/2014)
2014-07-1634AMENDED MOTION for Partial Summary Judgment on FOIA Claims filed by Ecological Rights Foundation, Our Children's Earth Foundation. Motion Hearing set for 8/22/2014 10:00 AM in Courtroom 1, 17th Floor, San Francisco before Hon. Samuel Conti. Responses due by 7/30/2014. Replies due by 8/6/2014. (Attachments: # 1 Declaration of Christopher Sproul, # 2 Proposed Order)(Sproul, Christopher) (Filed on 7/16/2014) Modified on 7/23/2014 (tmi, COURT STAFF). (Entered: 07/16/2014)
2014-07-1635Declaration of Michael A. Costa in Support of 34 MOTION for Partial Summary Judgment on FOIA Claims Amended Declaration filed byEcological Rights Foundation, Our Children's Earth Foundation. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21 Exhibit 21, # 22 Exhibit 22, # 23 Exhibit 23, # 24 Exhibit 24, # 25 Exhibit 25, # 26 Exhibit 26, # 27 Exhibit 27, # 28 Exhibit 28, # 29 Exhibit 29, # 30 Exhibit 30, # 31 Exhibit 31, # 32 Exhibit 32, # 33 Exhibit 33, # 34 Exhibit 34, # 35 Exhibit 35, # 36 Exhibit 36)(Related document(s) 34 ) (Costa, Michael) (Filed on 7/16/2014) (Entered: 07/16/2014)
2014-07-2336STIPULATION AND ORDER Continuing Case Management Conference. Case Management Statement due by 8/29/2014. Case Management Conference set for 9/5/2014 10:00 AM in Courtroom 1, 17th Floor, San Francisco. Signed by Judge Samuel Conti on 07/23/2014. (tmi, COURT STAFF) (Filed on 7/23/2014) (Entered: 07/23/2014)
2014-07-2337STIPULATION WITH PROPOSED ORDER Setting Briefing Schedule for Cross-Motions for Summary Judgment Regarding Plaintiff's FOIA Claims Without a Hearing filed by Sally Jewell, Rodney McInnes, National Marine Fisheries Service, Penny Prittzker, United States Fish And Wildlife Service. (Pyle, Michael) (Filed on 7/23/2014) (Entered: 07/23/2014)
2014-07-2538STIPULATION AND ORDER Extending Time For Defendant Aetna Life Ins Co To Resond To Plaintiffs' Second Amended Complaint and To Set Breifing Schedule For Aetna's Motion To Dismiss. Set/Reset Deadlines as to 34 MOTION for Partial Summary Judgment on FOIA Claims . Responses due by 8/13/2014. Replies due by 8/22/2014. Signed by Judge Samuel Conti on 07/25/2014. (tmi, COURT STAFF) (Filed on 7/25/2014) (Entered: 07/25/2014)
2014-08-1339MOTION for Partial Summary Judgment FEDERAL DEFENDANTS MOTION FOR PARTIAL SUMMARY JUDGMENT ON FOIA CLAIMS AND OPPOSITION TO PLAINTIFFS MOTION FOR PARTIAL SUMMARY JUDGMENT filed by National Marine Fisheries Service, United States Fish And Wildlife Service. Responses due by 8/22/2014. Replies due by 8/29/2014. (Pyle, Michael) (Filed on 8/13/2014) (Entered: 08/13/2014)
2014-08-1340Declaration of MICHAEL BOGOMOLNY in Support of 39 MOTION for Partial Summary Judgment FEDERAL DEFENDANTS MOTION FOR PARTIAL SUMMARY JUDGMENT ON FOIA CLAIMS AND OPPOSITION TO PLAINTIFFS MOTION FOR PARTIAL SUMMARY JUDGMENT filed byNational Marine Fisheries Service, United States Fish And Wildlife Service. (Related document(s) 39 ) (Pyle, Michael) (Filed on 8/13/2014) (Entered: 08/13/2014)
2014-08-1341Declaration of GARY STERN in Support of 39 MOTION for Partial Summary Judgment FEDERAL DEFENDANTS MOTION FOR PARTIAL SUMMARY JUDGMENT ON FOIA CLAIMS AND OPPOSITION TO PLAINTIFFS MOTION FOR PARTIAL SUMMARY JUDGMENT filed byNational Marine Fisheries Service, United States Fish And Wildlife Service. (Related document(s) 39 ) (Pyle, Michael) (Filed on 8/13/2014) (Entered: 08/13/2014)
2014-08-1342Declaration of DAVID E. LAWAND in Support of 39 MOTION for Partial Summary Judgment FEDERAL DEFENDANTS MOTION FOR PARTIAL SUMMARY JUDGMENT ON FOIA CLAIMS AND OPPOSITION TO PLAINTIFFS MOTION FOR PARTIAL SUMMARY JUDGMENT filed byNational Marine Fisheries Service, United States Fish And Wildlife Service. (Related document(s) 39 ) (Pyle, Michael) (Filed on 8/13/2014) (Entered: 08/13/2014)
2014-08-1343Declaration of ANA LIZA MALABANAN in Support of 39 MOTION for Partial Summary Judgment FEDERAL DEFENDANTS MOTION FOR PARTIAL SUMMARY JUDGMENT ON FOIA CLAIMS AND OPPOSITION TO PLAINTIFFS MOTION FOR PARTIAL SUMMARY JUDGMENT filed byNational Marine Fisheries Service, United States Fish And Wildlife Service. (Related document(s) 39 ) (Pyle, Michael) (Filed on 8/13/2014) (Entered: 08/13/2014)
2014-08-1344Declaration of WENDY SCHUMACHER in Support of 39 MOTION for Partial Summary Judgment FEDERAL DEFENDANTS MOTION FOR PARTIAL SUMMARY JUDGMENT ON FOIA CLAIMS AND OPPOSITION TO PLAINTIFFS MOTION FOR PARTIAL SUMMARY JUDGMENT filed byNational Marine Fisheries Service, United States Fish And Wildlife Service. (Related document(s) 39 ) (Pyle, Michael) (Filed on 8/13/2014) (Entered: 08/13/2014)
2014-08-1345Proposed Order re 39 MOTION for Partial Summary Judgment FEDERAL DEFENDANTS MOTION FOR PARTIAL SUMMARY JUDGMENT ON FOIA CLAIMS AND OPPOSITION TO PLAINTIFFS MOTION FOR PARTIAL SUMMARY JUDGMENT , 43 Declaration in Support, 41 Declaration in Support, 42 Declaration in Support, 44 Declaration in Support, 40 Declaration in Support, [PROPOSED] ORDER GRANTING FEDERAL DEFENDANTS MOTION FOR PARTIAL SUMMARY JUDGMENT AND DENYING PLAINTIFFS MOTION FOR PARTIAL SUMMARY JUDGMENT by National Marine Fisheries Service, United States Fish And Wildlife Service. (Pyle, Michael) (Filed on 8/13/2014) (Entered: 08/13/2014)
2014-08-2246Declaration of Michael A. Costa ISO of Plaintiffs' Opp. to Ds' MSJ & Reply to Ps' MSJ filed byEcological Rights Foundation, Our Children's Earth Foundation. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8)(Costa, Michael) (Filed on 8/22/2014) (Entered: 08/22/2014)
2014-08-2247RESPONSE (re 39 MOTION for Partial Summary Judgment FEDERAL DEFENDANTS MOTION FOR PARTIAL SUMMARY JUDGMENT ON FOIA CLAIMS AND OPPOSITION TO PLAINTIFFS MOTION FOR PARTIAL SUMMARY JUDGMENT , 34 MOTION for Partial Summary Judgment on FOIA Claims ) filed byOur Children's Earth Foundation. (Attachments: # 1 Proposed Order)(Weisselberg, Patricia) (Filed on 8/22/2014) (Entered: 08/22/2014)
2014-08-2848STIPULATION WITH PROPOSED ORDER Vacating Case Management Conference filed by Ecological Rights Foundation, Our Children's Earth Foundation. (Sproul, Christopher) (Filed on 8/28/2014) (Entered: 08/28/2014)
2014-08-2949RESPONSE to re 39 MOTION for Partial Summary Judgment FEDERAL DEFENDANTS MOTION FOR PARTIAL SUMMARY JUDGMENT ON FOIA CLAIMS AND OPPOSITION TO PLAINTIFFS MOTION FOR PARTIAL SUMMARY JUDGMENT FEDERAL DEFENDANTS' REPLY IN SUPPORT OF MOTION FOR PARTIAL SUMMARY JUDGEMENT ON FOIA CLAIMS by National Marine Fisheries Service. (Pyle, Michael) (Filed on 8/29/2014) (Entered: 08/29/2014)
2014-09-0350STIPULATION AND ORDER Vacating Case Management Conference. Signed by Judge Samuel Conti on 09/03/2014. (tmi, COURT STAFF) (Filed on 9/3/2014) (Entered: 09/03/2014)
2014-10-0151ERRONEOUSLY E-FILED: PLEASE SEE DOCKET NO. 52 FOR THE CORRECT E-FILING MOTION to Relate Case Administrative Motion to Consider Whether Cases Should be Related filed by Ecological Rights Foundation, Our Children's Earth Foundation. (Weisselberg, Patricia) (Filed on 10/1/2014) Modified on 10/2/2014 (aaa, COURT STAFF). (Entered: 10/01/2014)
2014-10-0152MOTION to Relate Case Administrative Motion to Consider Whether Cases Should be Related filed by Ecological Rights Foundation, Our Children's Earth Foundation. (Weisselberg, Patricia) (Filed on 10/1/2014) Modified on 10/2/2014 (aaaS, COURT STAFF). Modified on 10/2/2014 (aaa, COURT STAFF). Modified on 10/2/2014 (aaa, COURT STAFF). (Entered: 10/01/2014)
2014-10-0253CERTIFICATE OF SERVICE by Ecological Rights Foundation, Our Children's Earth Foundation (Weisselberg, Patricia) (Filed on 10/2/2014) (Entered: 10/02/2014)
2014-10-0654RESPONSE to re 52 MOTION to Relate Case Administrative Motion to Consider Whether Cases Should be Related CORRECTION OF DOCKET # 51 FEDERAL DEFENDANTS RESPONSE TO PLAINTIFFS ADMINISTRATIVE MOTION TO CONSIDER WHETHER CASES SHOULD BE RELATED by National Marine Fisheries Service. (Attachments: # 1 Proposed Order)(Pyle, Michael) (Filed on 10/6/2014) (Entered: 10/06/2014)
2014-10-0755Proposed Order re 52 MOTION to Relate Case Administrative Motion to Consider Whether Cases Should be Related CORRECTION OF DOCKET # 51 by Ecological Rights Foundation, Our Children's Earth Foundation. (Weisselberg, Patricia) (Filed on 10/7/2014) (Entered: 10/07/2014)
2014-10-1056NOTICE of Substitution of Counsel by Robin Michael Wall (Wall, Robin) (Filed on 10/10/2014) (Entered: 10/10/2014)
2014-10-1457Order by Hon. Samuel Conti granting 52 Motion to Relate Cases C14-1130 SC and C14-4365 CRB.(tmi, COURT STAFF) (Filed on 10/14/2014) (Entered: 10/14/2014)
2015-03-0258NOTICE by Ecological Rights Foundation, Our Children's Earth Foundation Notice Regarding Submitted Matter (Weisselberg, Patricia) (Filed on 3/2/2015) (Entered: 03/02/2015)
2015-03-3059ORDER by Judge Samuel Conti granting in part and denying in part 34 39 cross-motions for partial summary judgment and holding in abeyance portions of the cross-motions pending supplementation of the record by the Fisheries Service within thirty (30) days. (sclc2, COURT STAFF) (Filed on 3/30/2015). (Entered: 03/30/2015)
2015-04-2960RESPONSE IN SUPPORT OF FEDERAL DEFENDANTS' 39 MOTION FOR PARTIAL SUMMARY JUDGMENT ON FOIA CLAIMS AND OPPOSITION TO PLAINTIFFS' 34 PARTIAL MOTION FOR SUMMARY JUDGMENT; byNational Marine Fisheries Service. (Attachments: # 1 Declaration Supplemental Declaration of Ana Liza Malabanan, # 2 Declaration Declaration of Logan Gregory)(Wall, Robin) (Filed on 4/29/2015) Modified on 4/30/2015 (aaaS, COURT STAFF). (Entered: 04/29/2015)
2015-05-2061MOTION for Leave to File filed by Ecological Rights Foundation, Our Children's Earth Foundation. (Attachments: # 1 Proposed Response, # 2 Proposed Order)(Weisselberg, Patricia) (Filed on 5/20/2015) (Entered: 05/20/2015)
2015-05-2662RESPONSE (re 61 MOTION for Leave to File ) Opposition to Plaintiffs' Administrative Motion for Leave to File a Response to Defendant National Marine Fisheries Service's Supplemental Briefing filed bySally Jewell, Rodney McInnes, National Marine Fisheries Service, Penny Prittzker, United States Fish And Wildlife Service. (Wall, Robin) (Filed on 5/26/2015) (Entered: 05/26/2015)
2015-06-1163CERTIFICATE OF SERVICE by Ecological Rights Foundation, Our Children's Earth Foundation (Weisselberg, Patricia) (Filed on 6/11/2015) (Entered: 06/11/2015)
2015-06-1164MOTION to Relate Case filed by Ecological Rights Foundation, Our Children's Earth Foundation. (Attachments: # 1 Proposed Order)(Weisselberg, Patricia) (Filed on 6/11/2015) (Entered: 06/11/2015)
2015-06-1265CERTIFICATE OF SERVICE by Ecological Rights Foundation, Our Children's Earth Foundation re 64 MOTION to Relate Case (Weisselberg, Patricia) (Filed on 6/12/2015) (Entered: 06/12/2015)
2015-06-1566RESPONSE (re 64 MOTION to Relate Case ) filed byNational Marine Fisheries Service. (Attachments: # 1 Declaration of Robin M. Wall)(Wall, Robin) (Filed on 6/15/2015) (Entered: 06/15/2015)
2015-06-1667CERTIFICATE OF SERVICE by Ecological Rights Foundation, Our Children's Earth Foundation re 64 MOTION to Relate Case (Weisselberg, Patricia) (Filed on 6/16/2015) (Entered: 06/16/2015)
2015-07-0668ORDER by Judge Samuel Conti granting 61 Motion for Leave to File a Response to Defendant National Marine Fisheries Service Supplemental Briefing. (sclc2, COURT STAFF) (Filed on 7/6/2015) (Entered: 07/06/2015)
2015-07-0769RESPONSE to NMFS Supplemental Brief by Ecological Rights Foundation, Our Children's Earth Foundation. (Attachments: # 1 Declaration)(Weisselberg, Patricia) (Filed on 7/7/2015) (Entered: 07/07/2015)
2015-07-2070ORDER by Judge Samuel Conti granting (64) Motion to Relate Case in case 3:14-cv-01130-SC; granting in part and denying in part and holding in abeyance in part (12) Motion for Summary Judgment; granting in part and denying in part (17) Motion for Partial Summary Judgment in case 3:14-cv-04365-SC. Supplemental briefing ordered within 30 days of the signature date of this order, and leave for opposing counsel to reply within 14 days of receipt of the supplemental brief. (sclc2, COURT STAFF) (Filed on 7/20/2015) (Entered: 07/20/2015)
2015-07-2071ORDER RELATING CASES C14-1130 SC, C14-4365 SC, and C15-2558 JSC. Signed by Judge Samuel Conti on 07/20/2015. (tmiS, COURT STAFF) (Filed on 7/20/2015) (Entered: 07/20/2015)
2015-10-2172ORDER re (12 in 3:14-cv-04365-SC) Motion for Summary Judgment; (17 in 3:14-cv-04365-SC) Motion for Partial Summary Judgment on FOIA Claims and Opposition to Plaintiffs' Motion for Partial Summary Judgment . Signed by Judge Samuel Conti on October 21, 2015. (sclc2, COURT STAFF) (Filed on 10/21/2015) (Entered: 10/21/2015)
2015-11-0373ORDER REASSIGNING CASE. Case reassigned to Judge Hon. William H. Orrick for all further proceedings. Signed by Executive Committee on 11/3/15. (sv, COURT STAFF) (Filed on 11/3/2015) (Entered: 11/03/2015)
2015-11-2474ORDER FOR RESPONSE - Plaintiffs may file a reply by 12/8/2015 re 34 MOTION for Partial Summary Judgment. Signed by Judge William H. Orrick on 11/4/2015. (jmdS, COURT STAFF) (Filed on 11/24/2015) (Entered: 11/24/2015)
2016-01-2075ORDER RESOLVING REMAINING ISSUES. Signed by Judge William H. Orrick on 01/20/2016. (jmdS, COURT STAFF) (Filed on 1/20/2016) (Entered: 01/20/2016)
2016-01-2976STIPULATION WITH PROPOSED ORDER Joint Stipulation for Extension of Time filed by Sally Jewell, Rodney McInnes, National Marine Fisheries Service, Penny Prittzker, United States Fish And Wildlife Service. (Wall, Robin) (Filed on 1/29/2016) (Entered: 01/29/2016)
2016-01-2977ORDER by Judge William H. Orrick granting (76) Stipulation in case 3:14-cv-01130-WHO; and (38) Stipulation in case 3:14-cv-04365-WHO. The time for the parties to submit a stipulated form of judgment as directed by the Court in its order dated January 20, 2016 is hereby continued to February 15, 2016. (jmdS, COURT STAFF) (Filed on 1/29/2016) (Entered: 01/29/2016)
2016-02-1578JOINT RESPONSE SUBMITTING STIPULATED FORM OF JUDGMENT IN RELATED CASES; by National Marine Fisheries Service. (Attachments: # 1 Proposed Order Form of Judgment)(Wall, Robin) (Filed on 2/15/2016) Modified on 2/16/2016 (aaaS, COURT STAFF). (Entered: 02/15/2016)
2016-02-1679STIPULATED JUDGMENT. Signed by Judge William H. Orrick on 02/16/2016. (jmdS, COURT STAFF) (Filed on 2/16/2016) (Entered: 02/16/2016)
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