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Case TitleSierra Club, Inc. v. National Marine Fisheries Service
DistrictNorthern District of California
CitySan Francisco
Case Number3:2015cv05872
Date Filed2015-12-21
Date Closed2017-07-24
JudgeMagistrate Judge Elizabeth D. Laporte
PlaintiffSierra Club, Inc.
Case DescriptionThe Sierra Club submitted a FOIA request to the National Marine Fisheries Service for eight categories of records concerning Section 316(b) of the Clean Water Act and its interaction with the Endangered Species Act. After the Sierra Club narrowed the request at the behest of the agency, the agency provided four partial responses, totaling 800 pages plus. After it became clear that the agency would not complete the request in a timely fashion, the Sierra Club filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees, Litigation - Vaughn index

DefendantFish and Wildlife Service
TERMINATED: 03/22/2016
DefendantUnited States Fish and Wildlife Service
DefendantNational Marine Fisheries Service
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
Complaint attachment 7
Complaint attachment 8
Complaint attachment 9
Complaint attachment 10
Complaint attachment 11
Complaint attachment 12
Complaint attachment 13
Opinion/Order [21]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2015-12-211COMPLAINT against National Marine Fisheries Service. Filed bySierra Club, Inc. Receipt No. 0971-10081040, $400.00. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Civil Cover Sheet)(Super, Reed) (Filed on 12/21/2015) Modified on 12/21/2015 (cjlS, COURT STAFF). (Entered: 12/21/2015)
2015-12-212Case assigned to Magistrate Judge Elizabeth D. Laporte. 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. by 1/4/2016. (cjlS, COURT STAFF) (Filed on 12/21/2015) (Entered: 12/21/2015)
2015-12-213Proposed Summons. (Super, Reed) (Filed on 12/21/2015) (Entered: 12/21/2015)
2015-12-224Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 3/15/2016. Case Management Conference set for 3/22/2016 10:00 AM. (mclS, COURT STAFF) (Filed on 12/22/2015) (Entered: 12/22/2015)
2015-12-225Summons Issued as to National Marine Fisheries Service. (mclS, COURT STAFF) (Entered: 12/22/2015)
2016-01-046CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Sierra Club, Inc... (Super, Reed) (Filed on 1/4/2016) (Entered: 01/04/2016)
2016-01-047SUMMONS RETURNED EXECUTED by Sierra Club, Inc. National Marine Fisheries Service served by certified mail. (Attachments: # 1 Supplement, # 2 Exhibit)(Super, Reed) (Filed on 1/4/2016) Modified on 1/5/2016 (mclS, COURT STAFF). (Entered: 01/04/2016)
2016-01-278ANSWER to 1 Complaint byNational Marine Fisheries Service. (Garbers, Wendy) (Filed on 1/27/2016) Modified on 1/28/2016 (aaaS, COURT STAFF). (Entered: 01/27/2016)
2016-01-279CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by National Marine Fisheries Service.. (Garbers, Wendy) (Filed on 1/27/2016) (Entered: 01/27/2016)
2016-02-1910NOTICE of Change of Address by Reed Wayne Super (Super, Reed) (Filed on 2/19/2016) (Entered: 02/19/2016)
2016-02-2511ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Garbers, Wendy) (Filed on 2/25/2016) (Entered: 02/25/2016)
2016-02-2912ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Super, Reed) (Filed on 2/29/2016) (Entered: 02/29/2016)
2016-03-0113NOTICE of need for ADR Phone Conference (ADR L.R. 3-5 d) (Garbers, Wendy) (Filed on 3/1/2016) (Entered: 03/01/2016)
2016-03-0114ADR Clerk's Notice Setting ADR Phone Conference on March 10, 2016 at 2:00 PM Pacific time. Please note that you must be logged into an ECF account of counsel of record in order to view this document. (cmf, COURT STAFF) (Filed on 3/1/2016) (Entered: 03/01/2016)
2016-03-0715Consent MOTION to Appear by Telephone filed by Sierra Club, Inc.. (Super, Reed) (Filed on 3/7/2016) (Entered: 03/07/2016)
2016-03-1016ORDER Granting Request to Appear Telephonically by Magistrate Judge Elizabeth D. Laporte: granting 15 Motion.(shyS, COURT STAFF) (Filed on 3/10/2016) (Entered: 03/10/2016)
2016-03-10ADR Remark: ADR Phone Conference held on March 10, 2016 with Tamara Lange. A further ADR Phone Conference is scheduled for May 9, 2016 at 1:00 PM. The call-in information remains the same. (cmf, COURT STAFF) (Filed on 3/10/2016) (Entered: 03/10/2016)
2016-03-1517CASE MANAGEMENT STATEMENT (Joint) filed by National Marine Fisheries Service. (Garbers, Wendy) (Filed on 3/15/2016) (Entered: 03/15/2016)
2016-03-2218AMENDED COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF; against All Defendants. Filed bySierra Club, Inc. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O)(Super, Reed) (Filed on 3/22/2016) Modified on 3/23/2016 (aaaS, COURT STAFF). (Entered: 03/22/2016)
2016-03-2219Proposed Summons. (Super, Reed) (Filed on 3/22/2016) (Entered: 03/22/2016)
2016-03-2220Minute Entry for case management conference held before Magistrate Judge Elizabeth D. Laporte on 3/22/2016. Plaintiff to file an amended complaint on 3/22/2016. Current defendant to complete FOIA production by 4/8/2016. A further case management conference is set for 6/7/2016 at 10:00 am in Courtroom E, 15th floor, San Francisco. An updated case management statement shall be filed by 5/31/2016. FTR Time 10:23 - 10:27 Plaintiff Attorneys: Nicholas Jimenez and Reed Super (telephonic appearance) Defendant Attorney: Wendy Garbers This is a text only Minute Entry (shyS, COURT STAFF) (Date Filed: 3/22/2016) (Entered: 03/22/2016)
2016-03-2221CASE MANAGEMENT ORDER by Magistrate Judge Elizabeth D. Laporte. (shyS, COURT STAFF) (Filed on 3/22/2016) (Entered: 03/22/2016)
2016-03-2322Summons Issued as to United States Fish and Wildlife Service. (aaaS, COURT STAFF) (Filed on 3/23/2016) (Entered: 03/23/2016)
2016-03-2423CERTIFICATE OF SERVICE by Sierra Club, Inc. on U.S. Fish and Wildlife Service (Super, Reed) (Filed on 3/24/2016) (Entered: 03/24/2016)
2016-04-2224ANSWER to 18 Amended Complaint byNational Marine Fisheries Service, United States Fish and Wildlife Service. (Garbers, Wendy) (Filed on 4/22/2016) Modified on 4/25/2016 (aaaS, COURT STAFF). (Entered: 04/22/2016)
2016-04-2525CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by United States Fish and Wildlife Service.. (Garbers, Wendy) (Filed on 4/25/2016) (Entered: 04/25/2016)
2016-05-09ADR Remark: ADR Phone Conference held on 5/9/2016 with Tamara Lange. A further ADR Phone Conference is scheduled for 8/4/2016 at 10:30 AM. The call-in information remains the same. (This is a text-only entry generated by the court. There is no document associated with this entry.) (cmf, COURT STAFF) (Filed on 5/9/2016) (cmf, COURT STAFF) (Filed on 5/9/2016) (Entered: 05/09/2016)
2016-05-1026STIPULATION WITH PROPOSED ORDER re 21 Order filed by National Marine Fisheries Service, United States Fish and Wildlife Service. (Garbers, Wendy) (Filed on 5/10/2016) (Entered: 05/10/2016)
2016-05-1027STIPULATION AND ORDER Continuing Case Management Conference singed by Magistrate Judge Elizabeth D. Laporte: granting 26 Stipulation. (shyS, COURT STAFF) (Filed on 5/10/2016) (Entered: 05/10/2016)
2016-07-2028Stipulation and [Proposed] Order Continuing CMC filed by National Marine Fisheries Service, United States Fish and Wildlife Service. (Garbers, Wendy) (Filed on 7/20/2016) (Entered: 07/20/2016)
2016-07-2629STIPULATION AND ORDER Continuing CMC signed by Magistrate Judge Elizabeth D. Laporte: granting 28 Stipulation. (shyS, COURT STAFF) (Filed on 7/26/2016) (Entered: 07/26/2016)
2016-07-2730MOTION to Appear by Telephone filed by Sierra Club, Inc.. (Super, Reed) (Filed on 7/27/2016) (Entered: 07/27/2016)
2016-07-2731ORDER Granting Request to Appear Telephonically by Magistrate Judge Elizabeth D. Laporte: granting 30 Request. (shyS, COURT STAFF) (Filed on 7/27/2016) (Entered: 07/27/2016)
2016-08-0432ADR Remark: ADR Phone Conference held on 8/4/2016 with Tamara Lange. (cmf, COURT STAFF) (Filed on 8/4/2016) (This is a text-only entry generated by the court. There is no document associated with this entry.) (Entered: 08/04/2016)
2016-08-1033NOTICE of Substitution of Counsel by Katherine Hannah Schaefer (Schaefer, Katherine) (Filed on 8/10/2016) (Entered: 08/10/2016)
2016-08-1534CASE MANAGEMENT STATEMENT (Joint) filed by National Marine Fisheries Service, United States Fish and Wildlife Service. (Garbers, Wendy) (Filed on 8/15/2016) (Entered: 08/15/2016)
2016-08-2335Minute Entry for further case management conference held on 8/23/2016 before Magistrate Judge Elizabeth D. Laporte. On or before 9/16/2016, the defendant shall provide Plaintiff with a supplemental privilege log providing additional detail with respect to the entries identified by plaintiff. Plaintiff to identify the documents at issue for summary judgment by 9/30/2016. Parties to submit a joint proposal to the Court regarding a proposed summary judgment briefing schedule by 10/14/2016. FTR Time: 10:16 - 10:18 Plaintiff Attorneys: Katie Schaefer and Reed Super (telephonic appearance) Defendant Attorney: Wendy Garbers This is a text only Minute Entry (shyS, COURT STAFF) (Date Filed: 8/23/2016) (Entered: 08/23/2016)
2016-10-1336JOINT CASE MANAGEMENT STATEMENT Re Summary Judgment filed by United States Fish and Wildlife Service. (Garbers, Wendy) (Filed on 10/13/2016) (Entered: 10/13/2016)
2016-10-1837ORDER Adopting Joint Proposal Re Summary Judgment Schedule signed by Magistrate Judge Elizabeth D. Laporte. (shyS, COURT STAFF) (Filed on 10/18/2016) (Entered: 10/18/2016)
2016-10-22Set/Reset Hearing Motion Hearing set for 5/23/2017 09:00 AM in Courtroom E, 15th Floor, San Francisco before Magistrate Judge Elizabeth D. Laporte. (shyS, COURT STAFF) (Filed on 10/22/2016) (Entered: 10/22/2016)
2016-11-1538STIPULATION WITH PROPOSED ORDER re page limits for summary judgment motion filed by Sierra Club, Inc.. (Super, Reed) (Filed on 11/15/2016) (Entered: 11/15/2016)
2016-11-1639STIPULATION AND ORDER Re Page Limits for Summary Judgment Motion signed by Magistrate Judge Elizabeth D. Laporte: granting 38 Stipulation. (shyS, COURT STAFF) (Filed on 11/16/2016) (Entered: 11/16/2016)
2016-12-0140MOTION for Summary Judgment filed by Sierra Club, Inc.. Motion Hearing set for 5/23/2017 09:00 AM in Courtroom E, 15th Floor, San Francisco before Magistrate Judge Elizabeth D. Laporte. Responses due by 2/13/2017. Replies due by 3/17/2017. (Attachments: # 1 Proposed Order)(Super, Reed) (Filed on 12/1/2016) (Entered: 12/01/2016)
2016-12-0141Declaration of Reed W. Super in Support of 40 MOTION for Summary Judgment filed bySierra Club, Inc.. (Attachments: # 1 Exhibit Exhibit 1, # 2 Exhibit Exhibit 2, # 3 Exhibit Exhibit 3, # 4 Exhibit Exhibit 4, # 5 Exhibit Exhibit 5, # 6 Exhibit Exhibit 6, # 7 Exhibit Exhibit 7, # 8 Exhibit Exhibit 8, # 9 Exhibit Exhibit 9, # 10 Exhibit Exhibit 10, # 11 Exhibit Exhibit 11, # 12 Exhibit Exhibit 12, # 13 Exhibit Exhibit 13, # 14 Exhibit Exhibit 14, # 15 Exhibit Exhibit 15, # 16 Exhibit Exhibit 16, # 17 Exhibit Exhibit 17, # 18 Exhibit Exhibit 18, # 19 Exhibit Exhibit 19, # 20 Exhibit Exhibit 20, # 21 Exhibit Exhibit 21, # 22 Exhibit Exhibit 22, # 23 Exhibit Exhibit 23)(Related document(s) 40 ) (Super, Reed) (Filed on 12/1/2016) (Entered: 12/01/2016)
2017-02-1342MOTION for Summary Judgment Defendants' Cross Motion for Summary Judgment and Opposition to Plaintiff's Summary Judgment Motion; Memorandum of Points and Authorities filed by National Marine Fisheries Service, United States Fish and Wildlife Service. Motion Hearing set for 5/23/2017 09:00 AM before Magistrate Judge Elizabeth D. Laporte. Responses due by 3/17/2017. Replies due by 4/21/2017. (Garbers, Wendy) (Filed on 2/13/2017) (Entered: 02/13/2017)
2017-02-1343Declaration of Gary Frazer in Support of 42 MOTION for Summary Judgment Defendants' Cross Motion for Summary Judgment and Opposition to Plaintiff's Summary Judgment Motion; Memorandum of Points and Authorities Declaration of Gary Frazer filed byNational Marine Fisheries Service, United States Fish and Wildlife Service. (Attachments: # 1 Exhibit Exhibit A)(Related document(s) 42 ) (Garbers, Wendy) (Filed on 2/13/2017) (Entered: 02/13/2017)
2017-02-1344Declaration of Samuel D. Rauch, III in Support of 42 MOTION for Summary Judgment Defendants' Cross Motion for Summary Judgment and Opposition to Plaintiff's Summary Judgment Motion; Memorandum of Points and Authorities Declaration of Samuel D. Rauch, III filed byNational Marine Fisheries Service, United States Fish and Wildlife Service. (Related document(s) 42 ) (Garbers, Wendy) (Filed on 2/13/2017) (Entered: 02/13/2017)
2017-03-1345STIPULATION WITH PROPOSED ORDER re: Summary Judgment Briefing Schedule filed by National Marine Fisheries Service, United States Fish and Wildlife Service. (Garbers, Wendy) (Filed on 3/13/2017) (Entered: 03/13/2017)
2017-03-1446STIPULATION AND ORDER Re Summary Judgment Briefing Schedule signed by Magistrate Judge Elizabeth D. Laporte: granting 45 Stipulation. (shyS, COURT STAFF) (Filed on 3/14/2017) (Entered: 03/14/2017)
2017-03-3147OPPOSITION/RESPONSE (re 40 MOTION for Summary Judgment , 42 MOTION for Summary Judgment Defendants' Cross Motion for Summary Judgment and Opposition to Plaintiff's Summary Judgment Motion; Memorandum of Points and Authorities ) Opposition to Defendants' Cross Motion for Summary Judgment and Reply to Defendants' Opposition to Plaintiff's Motion for Summary Judgment filed bySierra Club, Inc.. (Attachments: # 1 Proposed Order Updated)(Super, Reed) (Filed on 3/31/2017) (Entered: 03/31/2017)
2017-03-3148Declaration of Reed W. Super in Support of 47 Opposition/Response to Motion,, filed bySierra Club, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G)(Related document(s) 47 ) (Super, Reed) (Filed on 3/31/2017) (Entered: 03/31/2017)
2017-05-0549REPLY (re 42 MOTION for Summary Judgment Defendants' Cross Motion for Summary Judgment and Opposition to Plaintiff's Summary Judgment Motion; Memorandum of Points and Authorities ) filed byNational Marine Fisheries Service, United States Fish and Wildlife Service. (Garbers, Wendy) (Filed on 5/5/2017) (Entered: 05/05/2017)
2017-05-0550Proposed Order re 40 MOTION for Summary Judgment , 42 MOTION for Summary Judgment Defendants' Cross Motion for Summary Judgment and Opposition to Plaintiff's Summary Judgment Motion; Memorandum of Points and Authorities by National Marine Fisheries Service, United States Fish and Wildlife Service. (Garbers, Wendy) (Filed on 5/5/2017) (Entered: 05/05/2017)
2017-06-0651Minute Entry for proceedings held on 6/6/2017 before Magistrate Judge Elizabeth D. Laporte regarding the cross motions for summary judgment. By 6/13/2017, Defendants shall lodge in camera the December 2013 Biological Opinions and RPAs, and Parties shall file joint statement with description of lodged documents and summary of which records remain in dispute. FTR Time 9:06 - 9:36 Plaintiff Attorneys: Reed Super and Katie Schaefer Defendant Attorney: Wendy Garbers This is a text-only Minute Entry (shyS, COURT STAFF) (Date Filed: 6/6/2017) (Entered: 06/06/2017)
2017-06-1352JOINT CASE MANAGEMENT STATEMENT filed by National Marine Fisheries Service, United States Fish and Wildlife Service. (Garbers, Wendy) (Filed on 6/13/2017) (Entered: 06/13/2017)
2017-06-2353ORDER RE: In Camera Review by Magistrate Judge Elizabeth D. Laporte. (shyS, COURT STAFF) (Filed on 6/23/2017) (Entered: 06/23/2017)
2017-07-2454ORDER Following In Camera Review by Magistrate Judge Elizabeth D. Laporte. (shyS, COURT STAFF) (Filed on 7/24/2017) (Entered: 07/24/2017)
2017-07-2455JUDGMENT by Magistrate Judge Elizabeth D. Laporte. (shyS, COURT STAFF) (Filed on 7/24/2017) (Entered: 07/24/2017)
2017-07-2556STIPULATION WITH PROPOSED ORDER Extending Deadline for Fee Motion filed by Sierra Club, Inc.. (Super, Reed) (Filed on 7/25/2017) (Entered: 07/25/2017)
2017-07-2657STIPULATION AND ORDER Re Extension of Time for Filing Fee Motion signed by Magistrate Judge Elizabeth Laporte: granting 56 Stipulation. (shyS, COURT STAFF) (Filed on 7/26/2017) (Entered: 07/26/2017)
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