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Case TitleStory of Stuff Project v. United States Forest Service
DistrictCentral District of California
CityEastern Division - Riverside
Case Number5:2016cv00175
Date Filed2016-01-29
Date Closed2016-10-04
JudgeJudge Jesus G. Bernal
PlaintiffStory of Stuff Project
Case DescriptionThe Story of Stuff Project, an online community dedicated to changing the way disposable consumer products are made and disposed of, submitted a FOIA request to the U.S. Forest Service for records concerning special use permit applications for water transmission lines to be located in the San Bernardino National Forest, particularly those submitted by Arrowhead Puritas Waters or Nestle. The agency acknowledged receipt of the request. It disclosed some records, but withheld others under Exemption 4 (confidential business information), Exemption 5 (privileges), Exemption 6 (invasion of privacy) and Exemption 9 (data about wells). The Project appealed both the withholdings and the adequacy of the agency's search. The Project received a response from a separate FOIA request it had submitted to the Forest Service's Office of General Counsel that made reference to several communications shared with Nestle but which had not been provided to the Project. After hearing nothing further from the Forest Service concerning their appeal, the Project filed suit.
Complaint issues: Litigation - Attorney's fees, Failure to respond within statutory time limit

DefendantUnited States Forest Service an agency of the U.S. Department of Agriculture
Documents
Docket
Complaint
Opinion/Order [24]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text
2016-01-291COMPLAINT Receipt No: 0973-17192143 - Fee: $400, filed by Plaintiff Story of Stuff Project. (Attorney Rachel Doughty added to party Story of Stuff Project(pty:pla))(Doughty, Rachel) (Entered: 01/29/2016)
2016-01-292Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) 1 filed by Plaintiff Story of Stuff Project. (Doughty, Rachel) (Entered: 01/29/2016)
2016-01-293CIVIL COVER SHEET filed by Plaintiff Story of Stuff Project. (Doughty, Rachel) (Entered: 01/29/2016)
2016-01-294NOTICE of Related Case(s) filed by Plaintiff Story of Stuff Project. Related Case(s): 5:15-cv-2098-JGB-DTB (Doughty, Rachel) (Entered: 01/29/2016)
2016-01-295NOTICE of Interested Parties filed by Plaintiff Story of Stuff Project, (Doughty, Rachel) (Entered: 01/29/2016)
2016-02-016NOTICE OF ASSIGNMENT to District Judge Virginia A. Phillips and Magistrate Judge Kenly Kiya Kato. (aco) (Entered: 02/01/2016)
2016-02-017NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (aco) (Entered: 02/01/2016)
2016-02-01860 DAY Summons Issued re Complaint (Attorney Civil Case Opening) 1 as to DEFENDANT United States Forest Service. (aco) (Entered: 02/01/2016)
2016-02-109ORDER RE TRANSFER PURSUANT TO GENERAL ORDER 14-03 -Related Case- filed. Related Case No: 5:15cv02098 JGB (DTBx). Case transferred from Judge Virginia A. Phillips and Magistrate Judge Kenly Kiya Kato to Judge Jesus G. Bernal and Magistrate Judge David T. Bristow for all further proceedings. The case number will now reflect the initials of the transferee Judge 5:16cv00175 JGB (DTBx). Signed by Judge Jesus G. Bernal (la) (Entered: 02/16/2016)
2016-02-1710STANDING ORDER upon filing of the complaint by Judge Jesus G. Bernal. (ima) (Entered: 02/17/2016)
2016-03-0211STIPULATION Extending Time to Answer the complaint as to United States Forest Service answer now due 4/22/2016, re Complaint (Attorney Civil Case Opening) 1 filed by Defendant United States Forest Service.(Attorney Kathleen R Unger added to party United States Forest Service(pty:dft))(Unger, Kathleen) (Entered: 03/02/2016)
2016-03-0812PROOF OF SERVICE Executed by Plaintiff Story of Stuff Project, upon Defendant United States Forest Service served on 2/26/2016, answer due 4/22/2016. Service of the Summons and Complaint were executed upon the United States Attorneys Office by delivering a copy to Genvert Oteen. Executed upon the Attorney Generals Office of the United States by delivering a copy to A. Prandy. Executed upon the officer agency or corporation by delivering a copy to Rodney A. Horne. Service was executed in compliance with Federal Rules of Civil Procedure. Due diligence declaration NOT attached. Registered or certified mail return receipt attached. Original Summons NOT returned. (Doughty, Rachel) (Entered: 03/08/2016)
2016-04-1513STIPULATION for Extension of Time to File Answer to June 6, 2016 filed by Defendants United States Forest Service. (Attachments: # 1 Proposed Order Granting Stipulation To Extend Time To Respond To COmplaint)(Unger, Kathleen) (Entered: 04/15/2016)
2016-04-1514ORDER granting Stipulation to Extend Time to Answer (More than 30 days) 13 , by Judge Jesus G. Bernal. Defendant United States Forest Service answer due 6/6/2016. (mrgo) (Entered: 04/22/2016)
2016-05-2615STIPULATION for Extension of Time to File Answer to 07/06/2016 re Complaint (Attorney Civil Case Opening) 1 , Stipulation to Extend Time to Answer (More than 30 days) 13 filed by Defendant United States Forest Service. (Attachments: # 1 Proposed Order Granting Stipulation to Extend Time to Respond to Complaint)(Unger, Kathleen) (Entered: 05/26/2016)
2016-05-2716ORDER GRANTING STIPULATION TO EXTEND TIME TO RESPOND TO COMPLAINT by Judge Jesus G. Bernal re: Stipulation to Extend Time to Answer (More than 30 days), 15 . It is hereby ORDERED that Defendant shall have through and until July 6, 2016, to answer, move, or otherwise respond to Plaintiff's Complaint (Attorney Civil Case Opening) 1 . (iva) (Entered: 05/27/2016)
2016-06-2317STIPULATION for Extension of Time to File Answer to 08/05/2016 re Complaint (Attorney Civil Case Opening) 1 filed by Defendant United States Forest Service. (Attachments: # 1 Proposed Order)(Unger, Kathleen) (Entered: 06/23/2016)
2016-06-2418NOTICE of Appearance filed by attorney Alarice M Medrano on behalf of Defendant United States Forest Service (Attorney Alarice M Medrano added to party United States Forest Service(pty:dft))(Medrano, Alarice) (Entered: 06/24/2016)
2016-06-2419Notice of Appearance or Withdrawal of Counsel: for attorney Kathleen R Unger counsel for Defendant United States Forest Service. Kathleen R. Unger is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Defendant United States Forest Service. (Unger, Kathleen) (Entered: 06/24/2016)
2016-06-2720ORDER by Judge Jesus G. Bernal granting Stipulation to Extend Time to Answer (More than 30 days) 17 , defendant United States Forest Service answer due 8/5/2016. (mrgo) (Entered: 06/27/2016)
2016-08-0521ANSWER to Complaint (Attorney Civil Case Opening) 1 filed by Defendant United States Forest Service.(Medrano, Alarice) (Entered: 08/05/2016)
2016-08-1822ORDER SETTING SCHEDULING CONFERENCE by Judge Jesus G. Bernal. Scheduling Conference set for 10/17/2016 at 11:00 AM before Judge Jesus G. Bernal. (wro) (Entered: 08/18/2016)
2016-10-0423STIPULATION to Dismiss Case pursuant to Federal Rule of Civil Procedure 41(a)(2), STIPULATION for Attorney Fees in the amount of $17,900 filed by Defendant United States Forest Service. (Attachments: # 1 Proposed Order)(Medrano, Alarice) (Entered: 10/04/2016)
2016-10-0424ORDER DISMISSING ACTION; AND FOR PAYMENT OF ATTORNEY FEES by Judge Jesus G. Bernal Re Stipulation 23 : The parties having filed a Stipulation to Dismiss; and for Payment of Attorney Fees, IT IS HEREBY ORDERED that this action is dismissed, with prejudice. IT IS FURTHER ORDERED that Defendant United States Forest Service (USFS) shall pay to Plaintiff the sum of Seventeen Thousand, Nine Hundred Dollars ($17,900.00), which sum shall be in full settlement and satisfaction of any and all claims for attorneys fees and costs in the above-entitled action. Case Terminated. Made JS-6. (ad) (Entered: 10/06/2016)
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