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Case TitleFriends of Toppenish Creek v. Department of Health & Human Services, et al
DistrictEastern District of Washington
CityYakima
Case Number1:2016cv03013
Date Filed2016-01-26
Date Closed2017-02-27
JudgeJudge Stanley A Bastian
PlaintiffFriends of Toppenish Creek a Washington Non-Profit Corporation
Case DescriptionFriends of Toppenish Creek submitted a FOIA request to the Indian Health Service for records related to the nitrate contamination study referenced in June 2009 document that had been disclosed to the Yakima Indians. The agency released some documents, withholding portions under Exemption 5 (privileges) and Exemption 6 (invasion of privacy). The Friends did not dispute withholding names under Exemption 6, but filed an appeal challenging other aspects of the agency's denial. After hearing nothing further from the agency, the Friends filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantDepartment of Health & Human Services
DefendantIndian Health Services
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
Complaint attachment 14
Opinion/Order [19]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2016-01-261COMPLAINT against All Plaintiffs ( Filing fee $ 400; Receipt # 0980-2256294) Filed by Friends of Toppenish Creek. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Civil Cover Sheet, # 11 Summons, # 12 Summons, # 13 Summons, # 14 Summons)(Rodgers, Andrea) (Entered: 01/26/2016)
2016-01-26Notice of Judge Assignment. Judge Stanley A. Bastian assigned to case. (CC, Case Administrator) (Entered: 01/26/2016)
2016-01-262Summons Issued as to Department of Health & Human Services and Indian Health Services. (Attachments: # 1 Summons, # 2 Summons, # 3 Summons)(CC, Case Administrator) (Entered: 01/26/2016)
2016-01-273RULE 7.1 CORPORATE DISCLOSURE STATEMENT by All Plaintiffs. (Rodgers, Andrea) (Entered: 01/27/2016)
2016-02-104NOTICE of Appearance by Vanessa Ruth Waldref on behalf of Department of Health & Human Services, Indian Health Services (Attorney Vanessa Ruth Waldref added to party Department of Health & Human Services(pty:dft), Attorney Vanessa Ruth Waldref added to party Indian Health Services(pty:dft))(Waldref, Vanessa) (Entered: 02/10/2016)
2016-02-295Stipulated MOTION for Extension of Time to File Response/Reply as to 1 Complaint, by All Defendants. Motion Hearing set for 3/30/2016 Without Oral Argument before Judge Stanley A Bastian. (Attachments: # 1 Text of Proposed Order)(Waldref, Vanessa) (Entered: 02/29/2016)
2016-02-296Stipulated MOTION to Expedite by All Defendants. Motion Hearing set for 3/7/2016 Without Oral Argument before Judge Stanley A Bastian. (Attachments: # 1 Text of Proposed Order)(Waldref, Vanessa) (Entered: 02/29/2016)
2016-03-017TEXT ORDER: Good cause exists to grant Defendant's Unopposed Motion for Extension of Time to File United States of America's Response to Plaintiff's Complaint, ECF No. 5 ; it is hereby GRANTED. Defendant's Motion to Expedite, ECF No. 6 , is GRANTED. Defendant shall file its answer no later than April 1, 2016. TEXT-ONLY ENTRY; NO PDF DOCUMENT WILL ISSUE. This text-only entry constitutes the Court's order or notice on the matter. Signed by Judge Stanley A Bastian. (CV, Case Administrator) (Entered: 03/01/2016)
2016-04-018ANSWER to Complaint by Department of Health & Human Services.(Waldref, Vanessa) (Entered: 04/01/2016)
2016-08-269SCHEDULING CONFERENCE NOTICE: Telephonic Scheduling Conference set for 9/27/2016 at 10:00 AM before Judge Stanley A Bastian. (Attachments: # 1 Consent to Magistrate)(LMM, Courtroom Deputy) (Entered: 08/26/2016)
2016-09-1510Joint MOTION to Continue ReSchedule Scheduling Conference by Department of Health & Human Services. Motion Hearing set for 9/19/2016 Without Oral Argument before Judge Stanley A Bastian. (Attachments: # 1 Proposed Order)(Waldref, Vanessa) (Entered: 09/15/2016)
2016-09-1911TEXT ORDER: The parties' Joint Motion to Reschedule Scheduling Conference, ECF No. 10, is GRANTED. The telephonic scheduling conference set for September 27, 2016 is continued to November 22, 2016, at 10:00 a.m. Counsel may participate by calling the Court Conference Line: 1-888-636-3807; Access Code: 8839796; Security Code: 3013. If the case has not been resolved, the parties shall file a Joint Scheduling Certificate per the instructions in the Court's Scheduling Conference Notice, ECF No. 9, 10 days in advance of the rescheduled scheduling conference. TEXT-ONLY ENTRY; NO PDF DOCUMENT WILL ISSUE. This text-only entry constitutes the Courts order or notice on the matter. Signed by Judge Stanley A. Bastian. (CC, Case Administrator) (Entered: 09/19/2016)
2016-11-0312NOTICE RESETTING Hearing - Text entry;no PDF document. - By Court: The telephonic Scheduling Conference currently set for 11/22/16 is reset for 11/28/2016 at 2:30 PM before Judge Stanley A Bastian. Counsel may participate by calling the Court Conference Line: 1-888-636-3807; Access Code: 8839796; Security Code: 3013. If the case has not been resolved, the parties shall file a Joint Status Certificate per the instructions in the Court's Scheduling Conference Notice, ECF No. 9, 10 days in advance of the rescheduled scheduling conference. (LMM, Courtroom Deputy) (Entered: 11/03/2016)
2016-11-1813Stipulated MOTION to Continue Stipulated Motion to Reschedule Scheduling Conference by Department of Health & Human Services. Motion Hearing set for 11/22/2016 Without Oral Argument before Judge Stanley A Bastian. (Attachments: # 1 Proposed Order)(Waldref, Vanessa) (Entered: 11/18/2016)
2016-11-2114NOTICE RESETTING Hearing - Text entry;no PDF document. - By Court: The telephonic Scheduling Conference currently set for 11/28/16 is reset for 12/20/2016 at 10:30 AM before Judge Stanley A Bastian. Counsel may participate by calling the Court Conference Line: 1-888-636-3807; Access Code: 8839796; Security Code: 3013. If the case has not been resolved, the parties shall file a Joint Status Certificate per the instructions in the Court's Scheduling Conference Notice, ECF No. 9, 10 days in advance of the rescheduled scheduling conference. Order forthcoming.(LMM, Courtroom Deputy) (Entered: 11/21/2016)
2016-11-2815Good cause existing, the parties' Joint Motion to Reschedule Scheduling Conference, ECF No. 13, is GRANTED. TEXT-ONLY ENTRY; NO PDF DOCUMENT WILL ISSUE. This text-only entry constitutes the Courts order or notice on the matter. Signed by Judge Stanley A. Bastian. (CC, Case Administrator) (Entered: 11/28/2016)
2016-12-1216STATUS REPORT (Joint Status Update) by Department of Health & Human Services, Indian Health Services. (Waldref, Vanessa) (Entered: 12/12/2016)
2016-12-1317ORDER: The parties indicate they have settled the above-caption case in principle and are finalizing the language of the settlement agreement. ECF No. 16. Accordingly, the telephonic scheduling conference set for December 20, 2016, is stricken. TEXT-ONLY ENTRY; NO PDF DOCUMENT WILL ISSUE. This text-only entry constitutes the Courts order or notice on the matter. Signed by Judge Stanley A. Bastian. (CC, Case Administrator) (Entered: 12/13/2016)
2017-02-0218NOTICE of Settlement & Stipulated Dismissal by Friends of Toppenish Creek (Rodgers, Andrea) (Entered: 02/02/2017)
2017-02-2719ORDER DISMISSING ACTION signed by Judge Stanley A. Bastian. (CC, Case Administrator) (Entered: 02/27/2017)
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by FOIA Project Staff