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Case TitleCenter for Biological Diversity v. U.S. Fish and Wildlife Service
DistrictEastern District of North Carolina
CityWestern Division
Case Number5:2016cv00165
Date Filed2016-04-11
Date Closed2016-08-24
JudgeDistrict Judge Louise Wood Flanagan
PlaintiffCenter for Biological Diversity
Case DescriptionThe Center for Biological Diversity submitted a FOIA request to U.S. Fish and Wildlife Services for records concerning a feasibility review of the Red Wolf recovery program. The agency acknowledged receipt of the request. The agency provided a partial response of eight records, but after inquiring several times about the status of the request without success, the Center filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantU.S. Fish and Wildlife Service
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2016-04-111COMPLAINT against All Defendants (Filing fee $ 400, receipt number 0417-3644436) filed by Center for Biological Diversity. (Attachments: # 1 Civil Cover Sheet, # 2 Proposed Summons, # 3 Proposed Summons, # 4 Proposed Summons) (Ruley, Douglas) (Entered: 04/11/2016)
2016-04-11Notice to Counsel - All counsel must file a Notice of Appearance pursuant to Local Civil Rule 5.2(a). (Baker, C.) (Entered: 04/11/2016)
2016-04-11NOTICE OF DEFICIENCY - Failure to File Financial Disclosure Statement as to Center for Biological Diversity. Pursuant to 7.1 of the Federal Rules of Civil Procedure and Local Civil Rule 7.3, all parties shall file a financial disclosure statement. A negative statement is required if a party has no disclosures to make. The disclosure statement must be on a form provided by the clerk. This form is available at the clerk's office and on the court's website. (Baker, C.) (Entered: 04/11/2016)
2016-04-11Notice to Counsel regarding proposed summonses attached to 1 Complaint - Counsel is reminded that pursuant to Section B(3) of the court's CM/ECF Policies and Procedures Manual that the court prefers 'flattened' versions of fillable documents and forms to be filed. To prevent future docketing issues, such as manipulation of a form's original data, all future fillable.pdf documents are required to be filed in this manner. (Baker, C.) (Entered: 04/11/2016)
2016-04-112Summonses Issued as to U.S. Fish & Wildlife Service, U.S. Attorney and U.S. Attorney General. *NOTICE: Counsel shall print the attached summonses and serve with other case opening documents in accordance with Fed.R.Civ.P. 4.*) (Baker, C.) (Entered: 04/11/2016)
2016-04-113Financial Disclosure Statement by Center for Biological Diversity. (Ruley, Douglas) (Entered: 04/11/2016)
2016-04-114Notice of Appearance filed by Douglas A. Ruley on behalf of Center for Biological Diversity. (Ruley, Douglas) (Entered: 04/11/2016)
2016-05-175Notice of Appearance filed by Neal Fowler on behalf of U.S. Fish and Wildlife Service. (Fowler, Neal) (Entered: 05/17/2016)
2016-05-176MOTION for Extension of Time to File Answer regarding 1 Complaint, filed by U.S. Fish and Wildlife Service. (Attachments: # 1 Text of Proposed Order) (Fowler, Neal) (Entered: 05/17/2016)
2016-05-17Motion Referred to Julie Richards Johnston, Clerk of Court - 6 MOTION for Extension of Time to File Answer regarding 1 Complaint. (Baker, C.) (Entered: 05/17/2016)
2016-05-177ORDER granting 6 Motion for Extension of Time to Answer regarding 1 Complaint - U.S. Fish and Wildlife Service's answer due 6/17/2016. Signed by Julie Richards Johnston, Clerk of Court on 5/17/2016. (Baker, C.) (Entered: 05/17/2016)
2016-05-178*DOCUMENT CORRECTED AND REFILED AT DOCKET ENTRY 9 * - Notice of Appearance filed by Margaret E. Townsend on behalf of Center for Biological Diversity. (Townsend, Margaret) Modified on 5/17/2016 to insert refiling information. (Baker, C.) (Entered: 05/17/2016)
2016-05-17NOTICE OF DEFICIENCY regarding 8 Notice of Appearance - Counsel failed to attach a certificate of service pursuant to Fed. R. Civ. P. 5(d) and Section F(3) of the court's CM/ECF Electronic Policies and Procedures Manual. Counsel also failed to include the case number in the caption of the document and is directed to refile the document, correcting the deficiencies noted. (Baker, C.) (Entered: 05/17/2016)
2016-05-179Notice of Appearance filed by Margaret E. Townsend on behalf of Center for Biological Diversity. (Townsend, Margaret) (Entered: 05/17/2016)
2016-05-1810Notice of Appearance filed by Collette L. Adkins on behalf of Center for Biological Diversity. (Adkins, Collette) (Entered: 05/18/2016)
2016-06-1611Second MOTION for Extension of Time filed by U.S. Fish and Wildlife Service. (Attachments: # 1 Text of Proposed Order) (Fowler, Neal) (Entered: 06/16/2016)
2016-06-16Motion Referred to Julie Richards Johnston, Clerk of Court - 11 Second MOTION for Extension of Time. (Baker, C.) (Entered: 06/16/2016)
2016-06-1612ORDER granting 11 Second Motion for Extension of Time - Signed by Julie Richards Johnston, Clerk of Court on 6/16/2016. (Baker, C.) (Entered: 06/16/2016)
2016-07-1313MOTION for Extension of Time to File Answer regarding 1 Complaint, filed by U.S. Fish and Wildlife Service. (Attachments: # 1 Text of Proposed Order) (Fowler, Neal) (Entered: 07/13/2016)
2016-07-13Motion Submitted to District Judge Louise Wood Flanagan - 13 MOTION for Extension of Time to File Answer regarding 1 Complaint. (Baker, C.) (Entered: 07/13/2016)
2016-07-1314ORDER granting 13 Motion for Extension of Time to Answer regarding 1 Complaint- U.S. Fish and Wildlife Service's answer due 8/18/2016. Signed by District Judge Louise Wood Flanagan on 7/13/2016. (Baker, C.) (Entered: 07/13/2016)
2016-08-1715MOTION for Extension of Time To Answer or Otherwise Plead filed by U.S. Fish and Wildlife Service. (Attachments: # 1 Text of Proposed Order) (Fowler, Neal) Modified on 8/17/2016 to correct motion event selection. (Baker, C.) (Entered: 08/17/2016)
2016-08-17Motion Submitted to District Judge Louise Wood Flanagan - 15 MOTION for Extension of Time To Answer or Otherwise Plead. (Baker, C.) (Entered: 08/17/2016)
2016-08-1716ORDER granting 15 Motion for Extension of Time to Answer regarding 1 Complaint - U.S. Fish and Wildlife Service's answer due 9/19/2016. Signed by District Judge Louise Wood Flanagan on 8/17/2016. (Baker, C.) (Entered: 08/17/2016)
2016-08-2417STIPULATION of Dismissal Without Prejudice by U.S. Fish and Wildlife Service. (Fowler, Neal) (Entered: 08/24/2016)
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by FOIA Project Staff