Case Detail

FOIA Project Annotation: Judge Timothy Kelly has ruled that the U.S. Fish and Wildlife Service properly withheld names of importers and exporters of wildlife from the Humane Society International under Exemption 7(C) (invasion of privacy concerning law enforcement records), but that because the agency had not yet had the opportunity to assess the impact of the Supreme Court's ruling in Food Marketing Institute v. Argus Leader Media, 139 S. Ct 2356 (2019), finding that the substantial harm test was not supported by the language of Exemption 4 (confidential business information), on its decision to withhold the monetary value of the wildlife imported or exported, he instructed the parties to submit new briefs on the Exemption 4 claims in light of Food Marketing Institute. HSI requested records from the agency's Law Enforcement Management Information System. After providing notice to potentially affected entities or individuals, the agency determined that 93 companies had shown their information was protected by Exemption 4. Of the 1,429 individuals who objected to disclosure of identifying information, the agency redacted only their names under Exemption 7(C) and Exemption 6 (invasion of privacy). Since the Supreme Court's decision in Food Marketing Institute came out after the original briefing on Exemption 4, Kelly sent that issue back to be re-briefed. Turning to the privacy exemptions, Kelly found that since the records had been compiled for law enforcement purposes, Exemption 7(C) applied. HSI argued that the importers and exporters had a diminished privacy interest because they had voluntarily chosen to participate in a highly regulated activity. Kelly rejected the claim, noting that "simply because these individuals have decided to engage in a regulated activity does not mean they have no privacy interest in the information they must provide the government in connection with that activity." HSI also argued that there was a public interest in disclosing the information based on its disagreement with recent FWS decisions. However, Kelly pointed out that "this evidence does not credibly suggest that during the relevant period, FWS officials engaged in misfeasance or failed to meet their statutory enforcement duties �" nor does it have much to do with its purported need for the names of these individuals."
Issues: Exemption 7(C) - Invasion of privacy concerning law enforcement records, Exemption 4 - Confidential business information

FOIA Project Annotation: Judge Timothy Kelly has ruled that the Fish and Wildlife Service failed to show that records related to importers and exporters of wildlife are confidential for purposes of Exemption 4 (commercial and confidential). The case involved a request from Humane Society International for data elements on importers and exporters contained in the agency's Law Enforcement Management Information System (LEMIS). The only remaining issue when Kelly ruled was whether redacted information was protected by Exemption 4. Kelly noted that the Supreme Court's decision in Food Marketing Institute v. Argus Leader Media, 139 S. Ct 2356 (2019) held that one element government agencies were required to show was that the withheld information was treated as confidential. Kelly noted that although FWS had provided declarations from the affected importers/exporters, they did not meet the personal knowledge standard in Rule 56. He pointed out that "nearly all the objections the Service submitted were not notarized and were not made under the penalty of perjury, thereby constituting inadmissible hearsay. Defendants make no argument explaining why the Court should consider their content, nor have Defendants requested time to cure them despite knowing about this issue for over a year since HIS first raised the issue in its first motion for summary judgment." Kelly also explained that the declarations were substantively deficient. He observed that "these representations echo the old National Parks standard and have little, if any, relevance now. Perhaps they circumstantially suggest that the company should keep the information private, but they hardly shed light on whether the company does so." In contrast to the deficient declarations, Kelly indicated that two objectors �" BioIVT, LLC and Oregon Health & Science University �" had shown that their information was customarily kept confidential. Although Argus Media had not addressed the issue of whether an agency was required to provide the submitter with assurances of confidentiality, Kelly indicated that a Privacy Act notice addressing the database informed submitters that data could be disclosed in response to a FOIA request. Finding that dispositive, Kelly noted that "in effect, then the notice disclaimed confidentiality, rather than provided an assurance of it. And given what Defendants actually told these companies through the Privacy Act Notice, their representations about what they would have told them if given a do-over are simply of no moment."
Issues: Exemption 4 - Confidential business information

FOIA Project Annotation: Judge Timothy Kelly has agreed to let three organizations intervene in a FOIA suit brought by the Humane Society International against the Fish and Wildlife Service for records in the agency's Law Enforcement Management Information System database that pertains to each organization. Kelly had previously ruled that FWS had failed to show that the requested records were confidential for purposes of Exemption 4 (commercial and confidential). Kelly's original ruling finding that the records were not confidential for purposes of Exemption 4 was issued March 29, with an appeal deadline for May 28. Three organizations â€" the National Association for Biomedical Research, Primate Products, Inc. and Worldwide Primates, Inc. â€" indicated before the appeal deadline that they would seek intervention to defend the confidentiality of their submitted materials. Kelly agreed that all three organizations met the requirements for intervention by right. He pointed out that "the Court notes that courts routinely grant motions to intervene for the purpose of preventing disclosure of information under FOIA. . . That movants seek to intervene to appeal does not change the commonplace and straightforward nature of their request. Because Movants meet the criteria set forth in Ruled 24(a), the Court will grant both motions to intervene."
Issues: Litigation - Jurisdiction - Proper Party

Date Filed	Doc #	Docket Text
2016-04-18	1	COMPLAINT against All Defendants ( Filing fee $ 400 receipt number 0090-4489350) filed by HUMANE SOCIETY INTERNATIONAL. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Summons, # 6 Summons)(Friend, Laura) (Entered: 04/18/2016)
2016-04-18	2	Corporate Disclosure Statement by HUMANE SOCIETY INTERNATIONAL. (Friend, Laura) (Entered: 04/18/2016)
2016-04-18		Case Assigned to Judge Reggie B. Walton. (dr) (Entered: 04/18/2016)
2016-04-18	3	SUMMONS (5) Issued Electronically as to SALLY JEWELL, UNITED STATES DEPARTMENT OF THE INTERIOR, UNITED STATES FISH AND WILDLIFE SERVICE, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Consent Form)(dr) (Entered: 04/18/2016)
2016-05-04	4	NOTICE of Appearance by Anna Elizabeth Frostic on behalf of HUMANE SOCIETY INTERNATIONAL (Frostic, Anna) (Main Document 4 replaced on 5/5/2016) (ztd). (Entered: 05/04/2016)
2016-06-03	5	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 05/27/2016. (Attachments: # 1 Exhibit Receipts of Mailing)(Friend, Laura) (Main Document 5 replaced on 6/6/2016) (ztd). (Entered: 06/03/2016)
2016-06-03	6	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 5/27/2016. Answer due for ALL FEDERAL DEFENDANTS by 6/26/2016. (Attachments: # 1 Exhibit Receipts of Mailing)(Friend, Laura) (Entered: 06/03/2016)
2016-06-03	7	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES FISH AND WILDLIFE SERVICE served on 5/26/2016 (Attachments: # 1 Exhibit Receipts of Mailing)(Friend, Laura) (Entered: 06/03/2016)
2016-06-03	8	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES DEPARTMENT OF THE INTERIOR served on 5/26/2016 (Attachments: # 1 Exhibit Receipts of Mailing)(Friend, Laura) (Entered: 06/03/2016)
2016-06-03	9	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. SALLY JEWELL served on 5/26/2016 (Attachments: # 1 Exhibit Receipts of Mailing)(Friend, Laura) (Entered: 06/03/2016)
2016-06-03	10	GENERAL ORDER. Signed by Judge Reggie B. Walton on June 3, 2016. (lcrbw1) (Entered: 06/03/2016)
2016-07-01	11	NOTICE of Appearance by Michael Benjamin Posner on behalf of All Defendants (Posner, Michael) (Entered: 07/01/2016)
2016-07-01	12	Consent MOTION for Extension of Time to File Answer re 1 Complaint, by SALLY JEWELL, UNITED STATES DEPARTMENT OF THE INTERIOR, UNITED STATES FISH AND WILDLIFE SERVICE (Posner, Michael) (Entered: 07/01/2016)
2016-07-06		MINUTE ORDER granting 12 Motion for Extension of Time to Answer. In light of the plaintiff's consent, and for good cause shown, it is hereby ORDERED that the defendants' Consent Motion for an Enlargement of Time 12 is GRANTED, and the defendants shall respond to the plaintiff's complaint by August 1, 2016. Signed by Judge Reggie B. Walton on July 6, 2016. (lcrbw1) (Entered: 07/06/2016)
2016-08-01	13	ANSWER to Complaint by SALLY JEWELL, UNITED STATES DEPARTMENT OF THE INTERIOR, UNITED STATES FISH AND WILDLIFE SERVICE.(Posner, Michael) (Entered: 08/01/2016)
2016-08-01	14	Joint STATUS REPORT by SALLY JEWELL, UNITED STATES DEPARTMENT OF THE INTERIOR, UNITED STATES FISH AND WILDLIFE SERVICE. (Posner, Michael) (Entered: 08/01/2016)
2016-08-02		MINUTE ORDER. In light of the representations set forth in the parties' Joint Status Report 14 , it is hereby ORDERED that the parties shall file their next Joint Status Report by September 15, 2016. Signed by Judge Reggie B. Walton on August 2, 2016. (lcrbw1) (Entered: 08/02/2016)
2016-08-02		Set/Reset Deadlines: Joint Status Report due by 9/15/2016 (hs) (Entered: 08/02/2016)
2016-08-05	15	Unopposed MOTION to Intervene by SAFARI CLUB INTERNATIONAL (Attachments: # 1 Exhibit Declaration of Rew Goodenow, # 2 Text of Proposed Order, # 3 Proposed Answer)(Seidman, Anna) (Entered: 08/05/2016)
2016-08-12	16	Unopposed MOTION to Intervene (Corrected) by SAFARI CLUB INTERNATIONAL (Attachments: # 1 Exhibit Declaration of Rew Goodenow, # 2 Text of Proposed Order, # 3 Proposed Answer)(Seidman, Anna) (Entered: 08/12/2016)
2016-08-19		MINUTE ORDER finding as moot 15 Motion to Intervene; granting 16 Motion to Intervene. In light of the parties' consent, and finding that the representations set forth in the Corrected Unopposed Motion to Intervene of Safari Club International 16 warrant the relief requested therein, it is hereby ORDERED that the motion is GRANTED, and Safari Club International is permitted to intervene as a defendant as of right in this action. It is further ORDERED that the Clerk of the Court shall file to the docket defendant-intervenor Safari Club International's proposed Answer, attached as exhibit 3 to its corrected motion to intervene, with a filing date of the date of this Order. It is further ORDERED that defendant-intervenor Safari Club International's prior Unopposed Motion to Intervene 15 is DENIED AS MOOT. Signed by Judge Reggie B. Walton on August 19, 2016. (lcrbw1) (Entered: 08/19/2016)
2016-08-19	17	ANSWER to Complaint by SAFARI CLUB INTERNATIONAL.(td) (Entered: 08/19/2016)
2016-09-15	18	Joint STATUS REPORT by S. M. R. JEWELL, UNITED STATES DEPARTMENT OF THE INTERIOR, UNITED STATES FISH AND WILDLIFE SERVICE. (Posner, Michael) (Entered: 09/15/2016)
2016-09-15	19	Supplemental STATUS REPORT by SAFARI CLUB INTERNATIONAL. (Seidman, Anna) (Entered: 09/15/2016)
2016-09-16		MINUTE ORDER. In light of the representations set forth in the Joint Status Report 18 and the Status Report by Safari Club International 19 , it is hereby ORDERED that the parties shall submit a Joint Status Report by October 31, 2016. Signed by Judge Reggie B. Walton on September 16, 2016. (lcrbw1) (Entered: 09/16/2016)
2016-09-16		Set/Reset Deadlines: Joint Status Report due by 10/31/2016 (hs) (Entered: 09/16/2016)
2016-10-21	20	NOTICE of Appearance by Douglas Scott Burdin on behalf of SAFARI CLUB INTERNATIONAL (Burdin, Douglas) (Main Document 20 replaced on 10/24/2016) (znmw). (Entered: 10/21/2016)
2016-10-28	21	NOTICE OF SUBSTITUTION OF COUNSEL by Christopher Charles Hair on behalf of All Defendants Substituting for attorney Michael B. Posner (Hair, Christopher) (Entered: 10/28/2016)
2016-10-31	22	Joint STATUS REPORT by UNITED STATES DEPARTMENT OF THE INTERIOR, UNITED STATES FISH AND WILDLIFE SERVICE. (Hair, Christopher) (Entered: 10/31/2016)
2016-11-18		MINUTE ORDER. In light of the representations set forth in the Status Report by All Parties 22 , it is hereby ORDERED that the parties shall submit a Joint Status Report on or before December 15, 2016. Signed by Judge Reggie B. Walton on 11/18/16. (lcrbw1) (Entered: 11/18/2016)
2016-11-18		Set/Reset Deadlines: Joint Status Report due by 12/15/2016 (hs) (Entered: 11/18/2016)
2016-12-15	23	Joint STATUS REPORT by S. M. R. JEWELL, UNITED STATES DEPARTMENT OF THE INTERIOR, UNITED STATES FISH AND WILDLIFE SERVICE. (Hair, Christopher) (Entered: 12/15/2016)
2016-12-16		MINUTE ORDER. Upon consideration of the 23 Status Report by All Parties, and for good cause shown, it is hereby ORDERED that the parties shall file a joint status report on or before March 15, 2017. Signed by Judge Reggie B. Walton on December 16, 2016. (lcrbw1) (Entered: 12/16/2016)
2016-12-16		Set/Reset Deadlines: Joint Status Report due by 3/15/2017 (hs) (Entered: 12/16/2016)
2017-03-15	24	Joint STATUS REPORT by S. M. R. JEWELL, UNITED STATES DEPARTMENT OF THE INTERIOR, UNITED STATES FISH AND WILDLIFE SERVICE. (Hair, Christopher) (Entered: 03/15/2017)
2017-03-16		MINUTE ORDER. Upon consideration of the 24 Status Report by All Parties, and for good cause shown, it is hereby ORDERED that the parties shall file a joint status report on or before April 14, 2017, that shall address, among other things, a date by which the Fish and Wildlife Service shall finalize its determinations regarding potential withholdings and provide a production schedule for all non-exempt, responsive information. Signed by Judge Reggie B. Walton on March 16, 2017. (lcrbw1) (Entered: 03/16/2017)
2017-03-16		Set/Reset Deadlines: Joint Status Report due by 4/14/2017 (hs) (Entered: 03/16/2017)
2017-04-13	25	Joint STATUS REPORT by S. M. R. JEWELL, UNITED STATES DEPARTMENT OF THE INTERIOR, UNITED STATES FISH AND WILDLIFE SERVICE. (Hair, Christopher) (Entered: 04/13/2017)
2017-04-18		MINUTE ORDER. Upon consideration of the 25 Status Report by All Parties, and for good cause shown, it is hereby ORDERED that the defendants shall provide their first supplemental production to Humane Society on or before May 31, 2017, and shall supplement their production of any information they determine is responsive and non-exempt to Humane Society's FOIA requests on a rolling basis every 60 days. It is further ORDERED that the parties shall file another joint status report on or before August 30, 2017. Signed by Judge Reggie B. Walton on April 18, 2017. (lcrbw1) (Entered: 04/18/2017)
2017-04-18		Set/Reset Deadlines: Joint Status Report due by 8/30/2017 (hs) (Entered: 04/18/2017)
2017-06-19	26	NOTICE OF SUBSTITUTION OF COUNSEL by William Mark Nebeker on behalf of S. M. R. JEWELL, UNITED STATES DEPARTMENT OF THE INTERIOR, UNITED STATES FISH AND WILDLIFE SERVICE Substituting for attorney Christopher C. Hair (Nebeker, William) (Entered: 06/19/2017)
2017-08-30	27	Joint STATUS REPORT by HUMANE SOCIETY INTERNATIONAL. (Friend, Laura) (Entered: 08/30/2017)
2017-08-31		MINUTE ORDER. Upon consideration of the 27 Status Report by All Parties, and for good cause shown, it is hereby ORDERED that the defendants shall conclude production on or before November 30, 2017. It is further ORDERED that the parties shall file a joint status report with a proposed briefing schedule on or before November 30, 2017. Signed by Judge Reggie B. Walton on August 31, 2017. (lcrbw1) (Entered: 08/31/2017)
2017-08-31		Set/Reset Deadlines: Joint Status Report due by 11/30/2017 (hs) (Entered: 08/31/2017)
2017-09-14		Case directly reassigned to Judge Timothy J. Kelly. Judge Reggie B. Walton is no longer assigned to the case. (ztnr) (Entered: 09/14/2017)
2017-11-30	28	Joint STATUS REPORT by HUMANE SOCIETY INTERNATIONAL. (Friend, Laura) (Entered: 11/30/2017)
2017-12-05		MINUTE ORDER granting 28 Joint Proposed Schedule. Plaintiff shall identify any categories of withheld information that it no longer wishes to challenge, if any, by January 12, 2018. Government Defendants shall submit a Vaughn index by January 26, 2018. Plaintiff and Safari Club International shall notify all parties if they intend to challenge the Vaughn index by February 9, 2018. The parties shall file a joint status report containing a proposed briefing schedule for proceeding with the case by February 16, 2018. Signed by Judge Timothy J. Kelly on 12/5/2017. (lctjk3) (Entered: 12/05/2017)
2017-12-05		Set/Reset Deadlines: Plaintiff shall identify any categories of withheld information that it no longer wishes to challenge by 1/12/2018. Vaughn Index due by 1/26/2018. Notification of Intent to Challenge the Vaughn Index due by 2/9/2018. Joint status report containing a proposed briefing schedule for proceeding with the case due by 2/16/2018. (kh) (Entered: 12/05/2017)
2018-01-26	29	NOTICE Of Filing Vaughn Index by S. M. R. JEWELL, UNITED STATES DEPARTMENT OF THE INTERIOR, UNITED STATES FISH AND WILDLIFE SERVICE (Attachments: # 1 Declaration Vaughn, # 2 Exhibit Index)(Nebeker, William) (Entered: 01/26/2018)
2018-02-15	30	Joint STATUS REPORT by HUMANE SOCIETY INTERNATIONAL. (Friend, Laura) (Entered: 02/15/2018)
2018-02-20		MINUTE ORDER: In light of the 30 Status Report filed by the parties and the representations therein, it is hereby ORDERED that Government Defendants and Safari Club International shall file their motions for summary judgment by April 27, 2018; Plaintiff shall file its Opposition to Defendants' Motions for Summary Judgment and any Cross-Motion for Summary Judgment by June 8, 2018; Government Defendants and Safari Club International shall file their Replies in support of their Motions for Summary Judgment and Oppositions to any Cross-Motion for Summary Judgment by July 13, 2018; and Plaintiff shall file its Reply in support of any Cross-Motion for Summary Judgment by August 15, 2018. Signed by Judge Timothy J. Kelly on 2/20/2018. (lctjk3) (Entered: 02/20/2018)
2018-02-21		Set/Reset Deadlines: Summary Judgment motions due by 4/27/2018. Response to Motion for Summary Judgment and Cross Motions due by 6/8/2018. Reply to Motion for Summary Judgment and Response to Cross Motions due by 7/13/2018. Reply to Cross Motions due by 8/15/2018. (kh) (Entered: 02/21/2018)
2018-04-25	31	Joint MOTION to Modify the Summary Judgment Briefing by S. M. R. JEWELL, UNITED STATES DEPARTMENT OF THE INTERIOR, UNITED STATES FISH AND WILDLIFE SERVICE (Attachments: # 1 Text of Proposed Order)(Nebeker, William) Modified event and text on 4/26/2018 (td). (Entered: 04/25/2018)
2018-04-26		MINUTE ORDER granting 31 Joint Motion by All Parties to Revise the Summary Judgment Briefing Schedule. It is hereby ORDERED that the Government Defendants shall file their Motion for Summary Judgment by May 4, 2018; Safari Club shall file its Motion for Summary Judgment by May 11, 2018; Plaintiff shall file its Opposition to Defendants' Motions for Summary Judgment and any Cross-Motion for Summary Judgment by June 22, 2018; Government Defendants shall file their Reply in support of their Motion for Summary Judgment and Opposition to any Cross-Motion for Summary Judgment by July 20, 2018; Safari Club shall file its Reply in support of its Motion for Summary Judgment and Opposition to any Cross-Motion for Summary Judgment by July 27, 2018; and Plaintiff shall file its Reply in support of any Cross-Motion for Summary Judgment by August 24, 2018. Signed by Judge Timothy J. Kelly on 4/26/2018. (lctjk3) (Entered: 04/26/2018)
2018-05-04	32	MOTION for Summary Judgment by S. M. R. JEWELL, UNITED STATES DEPARTMENT OF THE INTERIOR, UNITED STATES FISH AND WILDLIFE SERVICE (Attachments: # 1 Exhibit 1 (January 12, 2018 Email), # 2 Declaration Second Declaration of Carrie Hyde-Michaels (excluding bulky exhibits), # 3 Text of Proposed Order)(Nebeker, William) (Entered: 05/04/2018)
2018-05-08	33	NOTICE OF FILING REDACTED DOCUMENT to 32 MOTION for Summary Judgment (exhibits to Second Hyde-Michaels Declaration) by S. M. R. JEWELL, UNITED STATES DEPARTMENT OF THE INTERIOR, UNITED STATES FISH AND WILDLIFE SERVICE (The original PDF Document contained privacy information and was restricted pursuant to the E-Government Act.) (Attachments: # 1 Exhibit A List, # 2 Exhibit A Pages 1-154, # 3 Exhibit A Pages 155-299, # 4 Exhibit A Pages 300-450, # 5 Exhibit A Pages 451-600, # 6 Exhibit B)(Nebeker, William) (Entered: 05/08/2018)
2018-05-11	34	MOTION for Summary Judgment by SAFARI CLUB INTERNATIONAL (Attachments: # 1 Statement of Facts, # 2 Text of Proposed Order)(Burdin, Douglas) (Entered: 05/11/2018)
2018-06-22	35	ENTERED IN ERROR.....Cross MOTION for Summary Judgment by HUMANE SOCIETY INTERNATIONAL (Attachments: # 1 Declaration Declaration of Adam Peyman, # 2 Declaration Declaration of Cara Sunberg, # 3 Text of Proposed Order)(Friend, Laura) Modified on 6/25/2018 (zjf). (Entered: 06/22/2018)
2018-06-22	36	MOTION for Summary Judgment by HUMANE SOCIETY INTERNATIONAL (Attachments: # 1 Declaration Declaration of Adam Peyman, # 2 Declaration Declaration of Cara Sunberg, # 3 Text of Proposed Order)(Friend, Laura). (Entered: 06/22/2018)
2018-06-22	37	Memorandum in opposition to re 34 MOTION for Summary Judgment , 32 MOTION for Summary Judgment filed by HUMANE SOCIETY INTERNATIONAL. (Attachments: # 1 Declaration Declaration of Adam Peyman, # 2 Declaration Declaration of Cara Sunberg, # 3 Text of Proposed Order)(Friend, Laura) (Main Document 37 replaced on 6/25/2018) (ztth). (Entered: 06/22/2018)
2018-06-25		NOTICE OF CORRECTED DOCKET ENTRY: Document No. re 35 Cross MOTION for Summary Judgment was entered in error and refiled by counsel.(See Docket Entry 36 to view document)(jf) (Entered: 06/25/2018)
2018-07-18	38	Unopposed MOTION for Extension of Time to File Response/Reply as to 34 MOTION for Summary Judgment , 32 MOTION for Summary Judgment , 36 Amended MOTION for Summary Judgment by S. M. R. JEWELL, UNITED STATES DEPARTMENT OF THE INTERIOR, UNITED STATES FISH AND WILDLIFE SERVICE (Attachments: # 1 Text of Proposed Order)(Nebeker, William) (Entered: 07/18/2018)
2018-07-20		MINUTE ORDER granting 38 Unopposed Motion for Extension. It is hereby ORDERED that the Government Defendants shall file their Reply in support of their Motion for Summary Judgment and Opposition to Plaintiff's Cross-Motion for Summary Judgment by August 7, 2018; Safari Club shall file its Reply in support of its Motion for Summary Judgment and Opposition to Plaintiff's Cross-Motion for Summary Judgment by August 14, 2018; and Plaintiff shall file its Reply in support of its Cross-Motion for Summary Judgment by September 25, 2018. Signed by Judge Timothy J. Kelly on 7/20/2018. (lctjk3) (Entered: 07/20/2018)
2018-07-20		Set/Reset Deadlines: Government Defendants' Reply in support of its Motion for Summary Judgment due by 8/7/2018. Safari Club's Reply in support of its Motion for Summary Judgment and Opposition to Plaintiff's Cross-Motion due by 8/14/2018. (kh) (Entered: 07/20/2018)
2018-08-08	39	MOTION for Extension of Time to File Response/Reply as to 32 MOTION for Summary Judgment , 36 Amended MOTION for Summary Judgment by S. M. R. JEWELL, UNITED STATES DEPARTMENT OF THE INTERIOR, UNITED STATES FISH AND WILDLIFE SERVICE (Attachments: # 1 Text of Proposed Order)(Nebeker, William) (Entered: 08/08/2018)
2018-08-08	40	RESPONSE re 39 MOTION for Extension of Time to File Response/Reply as to 32 MOTION for Summary Judgment , 36 Amended MOTION for Summary Judgment filed by HUMANE SOCIETY INTERNATIONAL. (Friend, Laura) (Entered: 08/08/2018)
2018-08-13		MINUTE ORDER granting 39 Motion for Enlargement of Time. It is hereby ORDERED that the Government Defendants shall file their Reply in support of their Motion for Summary Judgment and Opposition to Plaintiff's Cross-Motion for Summary Judgment by August 16, 2018; Safari Club shall file its Reply in support of its Motion for Summary Judgment and Opposition to Plaintiff's Cross-Motion for Summary Judgment by August 28, 2018; and Plaintiff shall file its Reply in support of its Cross-Motion for Summary Judgment by October 9, 2018. Signed by Judge Timothy J. Kelly on 8/13/2018. (lctjk3) (Entered: 08/13/2018)
2018-08-14		Set/Reset Deadlines: Government Defendants Reply to Motion for Summary Judgment and Response to Cross Motions due by 8/16/2018. Safari Club's Reply in support of its Motion for Summary Judgment and Opposition to Plaintiff's Cross-Motion due by 8/28/2018. Plaintiff's Reply to Cross Motions due by 10/9/2018. (kh) (Entered: 08/14/2018)
2018-08-16	41	Memorandum in opposition to re 36 Amended MOTION for Summary Judgment filed by S. M. R. JEWELL, UNITED STATES DEPARTMENT OF THE INTERIOR, UNITED STATES FISH AND WILDLIFE SERVICE. (Attachments: # 1 Text of Proposed Order)(Nebeker, William) (Entered: 08/16/2018)
2018-08-16	42	REPLY to opposition to motion re 32 MOTION for Summary Judgment (same as ECF No. 41) filed by S. M. R. JEWELL, UNITED STATES DEPARTMENT OF THE INTERIOR, UNITED STATES FISH AND WILDLIFE SERVICE. (Nebeker, William) (Entered: 08/16/2018)
2018-08-28	43	Memorandum in opposition to re 36 Amended MOTION for Summary Judgment filed by SAFARI CLUB INTERNATIONAL. (Burdin, Douglas) (Entered: 08/28/2018)
2018-08-28	44	REPLY to opposition to motion re 34 MOTION for Summary Judgment (same as ECF 43) filed by SAFARI CLUB INTERNATIONAL. (Burdin, Douglas) (Entered: 08/28/2018)
2018-10-09	45	REPLY to opposition to motion re 36 Amended MOTION for Summary Judgment filed by HUMANE SOCIETY INTERNATIONAL. (Friend, Laura) (Entered: 10/09/2018)
2019-03-29	46	NOTICE OF WITHDRAWAL OF APPEARANCE as to SAFARI CLUB INTERNATIONAL. Attorney Douglas Scott Burdin terminated. (Burdin, Douglas) (Entered: 03/29/2019)
2019-08-15	47	MEMORANDUM OPINION AND ORDER granting in part and denying in part Defendants' 32 Motion for Summary Judgment; granting Defendant-Intervenor's 34 Motion for Summary Judgment; and granting in part and denying in part Plaintiff's 36 Motion for Summary Judgment. Proposed briefing schedule due by September 12, 2019. Signed by Judge Timothy J. Kelly on 8/15/2019. (lctjk3) (Entered: 08/15/2019)
2019-09-11	48	NOTICE of Appearance by Jeremy Evan Clare on behalf of SAFARI CLUB INTERNATIONAL (Clare, Jeremy) (Entered: 09/11/2019)
2019-09-12	49	Joint STATUS REPORT by HUMANE SOCIETY INTERNATIONAL. (Friend Smythe, Laura) (Entered: 09/12/2019)
2019-09-16		MINUTE ORDER: Upon consideration of the parties' 49 Joint Status Report, it is hereby ORDERED that the following schedule shall govern summary judgment briefing: Defendants shall file their motion for summary judgment by October 22, 2019; Defendant-Intervenor shall file its motion for summary judgment by October 29, 2019; Plaintiff shall file its opposition and its cross-motion by November 26, 2019; Defendants shall file their opposition to Plaintiff's cross-motion and reply in support of their motion by December 20, 2019; Defendant-Intervenor shall file its opposition to Plaintiff's cross-motion and reply in support of its motion by January 2, 2020; and Plaintiff shall file its reply in support of its motion by January 24, 2020. Signed by Judge Timothy J. Kelly on 9/16/2019. (lctjk3) (Entered: 09/16/2019)
2019-10-22	50	MOTION for Summary Judgment (Renewed) by S. M. R. JEWELL, UNITED STATES DEPARTMENT OF THE INTERIOR, UNITED STATES FISH AND WILDLIFE SERVICE (Attachments: # 1 Declaration Cathy Willis, # 2 Exhibit to Cathy Willis Declaration, # 3 Text of Proposed Order)(Nebeker, William) (Entered: 10/22/2019)
2019-10-29	51	ERRATA by S. M. R. JEWELL, UNITED STATES DEPARTMENT OF THE INTERIOR, UNITED STATES FISH AND WILDLIFE SERVICE 50 MOTION for Summary Judgment (Renewed) filed by S. M. R. JEWELL, UNITED STATES DEPARTMENT OF THE INTERIOR, UNITED STATES FISH AND WILDLIFE SERVICE. (Attachments: # 1 Exhibit Corrected Page 7 to Defendant's Memorandum)(Nebeker, William) (Entered: 10/29/2019)
2019-10-29	52	MOTION for Summary Judgment Renewed by SAFARI CLUB INTERNATIONAL (Attachments: # 1 Text of Proposed Order)(Clare, Jeremy) (Entered: 10/29/2019)
2019-11-26	53	NOTICE of Appearance by Ralph E. Henry on behalf of HUMANE SOCIETY INTERNATIONAL (Henry, Ralph) (Entered: 11/26/2019)
2019-11-26	54	Cross MOTION for Summary Judgment (Renewed) by HUMANE SOCIETY INTERNATIONAL (Attachments: # 1 Declaration of Laura Friend Smythe, # 2 Declaration of Sarah Uhlemann, # 3 Text of Proposed Order)(Smythe, Laura) (Entered: 11/26/2019)
2019-11-26	55	Memorandum in opposition to re 52 MOTION for Summary Judgment Renewed , 50 MOTION for Summary Judgment (Renewed) filed by HUMANE SOCIETY INTERNATIONAL. (Attachments: # 1 Declaration of Laura Friend Smythe, # 2 Declaration of Sarah Uhlemann, # 3 Text of Proposed Order)(Smythe, Laura) (Entered: 11/26/2019)
2019-12-12	56	NOTICE OF WITHDRAWAL OF APPEARANCE as to SAFARI CLUB INTERNATIONAL. Attorney Anna Margo Seidman terminated. (Seidman, Anna) (Entered: 12/12/2019)
2019-12-20	57	Consent MOTION for Extension of Time to File Response/Reply as to 52 MOTION for Summary Judgment Renewed , 54 Cross MOTION for Summary Judgment (Renewed) , 50 MOTION for Summary Judgment (Renewed) by S. M. R. JEWELL, UNITED STATES DEPARTMENT OF THE INTERIOR, UNITED STATES FISH AND WILDLIFE SERVICE (Attachments: # 1 Text of Proposed Order)(Nebeker, William) (Entered: 12/20/2019)
2019-12-20		MINUTE ORDER granting, for good cause shown, Defendants' 57 Consent Motion for Extension of Time. It is hereby ORDERED that Defendants shall file their opposition to Plaintiff's 54 cross-motion for summary judgment and reply in support of their 50 motion for summary judgment by February 10, 2020; Defendant-Intervenor shall file its opposition to Plaintiff's cross-motion and reply in support of its 52 motion for summary judgment by February 17, 2020; and Plaintiff shall file its reply in support of its motion by March 16, 2020. Signed by Judge Timothy J. Kelly on 12/20/2019. (lctjk3) (Entered: 12/20/2019)
2019-12-23		Set/Reset Deadlines: Defendant-Intervenor's opposition to Plaintiff's cross-motion and reply in support of its motion due by 2/17/2020. (zkh) (Entered: 12/23/2019)
2020-02-06	58	NOTICE OF SUBSTITUTION OF COUNSEL by Robert Aaron Caplen on behalf of S. M. R. JEWELL, UNITED STATES DEPARTMENT OF THE INTERIOR, UNITED STATES FISH AND WILDLIFE SERVICE Substituting for attorney W. Mark Nebeker (Caplen, Robert) (Entered: 02/06/2020)
2020-02-06	59	Unopposed MOTION for Extension of Time to the dispositive briefing deadlines set forth in the Court's December 20, 2019, Minute Order by S. M. R. JEWELL, UNITED STATES DEPARTMENT OF THE INTERIOR, UNITED STATES FISH AND WILDLIFE SERVICE (Attachments: # 1 Text of Proposed Order)(Caplen, Robert) (Entered: 02/06/2020)
2020-02-10		MINUTE ORDER granting, for good cause shown, Defendants' 59 Unopposed Motion for Extension of Time. It is hereby ORDERED that Defendants shall file their opposition to Plaintiff's 54 cross-motion for summary judgment and reply in support of their 50 motion for summary judgment by March 2, 2020; Defendant-Intervenor shall file its opposition to Plaintiff's cross-motion and reply in support of its 52 motion for summary judgment by March 9, 2020; and Plaintiff shall file its reply in support of its motion by April 6, 2020. Signed by Judge Timothy J. Kelly on 2/10/2020. (lctjk3) (Entered: 02/10/2020)
2020-03-02	60	Memorandum in opposition to re 54 Cross MOTION for Summary Judgment (Renewed) filed by S. M. R. JEWELL, UNITED STATES DEPARTMENT OF THE INTERIOR, UNITED STATES FISH AND WILDLIFE SERVICE. (Attachments: # 1 Response to Plaintiff's Statement of Material Facts, # 2 Text of Proposed Order)(Caplen, Robert) (Entered: 03/02/2020)
2020-03-02	61	REPLY to opposition to motion re 50 MOTION for Summary Judgment (Renewed) (same as ECF 60) filed by S. M. R. JEWELL, UNITED STATES DEPARTMENT OF THE INTERIOR, UNITED STATES FISH AND WILDLIFE SERVICE. (Attachments: # 1 Response to Plaintiff's Statement of Material Facts)(Caplen, Robert) (Entered: 03/02/2020)
2020-03-03	62	NOTICE of Filing Exhibit by S. M. R. JEWELL, UNITED STATES DEPARTMENT OF THE INTERIOR, UNITED STATES FISH AND WILDLIFE SERVICE re 61 Reply to opposition to Motion, 60 Memorandum in Opposition, (Attachments: # 1 Declaration of Cathy Willis)(Caplen, Robert) (Entered: 03/03/2020)
2020-03-09	63	Memorandum in opposition to re 54 Cross MOTION for Summary Judgment (Renewed) filed by SAFARI CLUB INTERNATIONAL. (Clare, Jeremy) (Entered: 03/09/2020)
2020-03-09	64	REPLY to opposition to motion re 52 MOTION for Summary Judgment Renewed (same as ECF 63) filed by SAFARI CLUB INTERNATIONAL. (Clare, Jeremy) (Entered: 03/09/2020)
2020-04-06	65	REPLY to opposition to motion re 54 Cross MOTION for Summary Judgment (Renewed) filed by HUMANE SOCIETY INTERNATIONAL. (Smythe, Laura) (Entered: 04/06/2020)
2021-03-29	66	ORDER granting Plaintiff's 54 Motion for Summary Judgment and denying Defendants' 50 Motion for Summary Judgment and Defendant-Intervenor's 52 Motion for Summary Judgment. See Order for details. The Clerk of the Court is directed to close the case. Signed by Judge Timothy J. Kelly on 03/29/2021. (lctjk3) (Entered: 03/29/2021)
2021-03-29	67	MEMORANDUM OPINION in support of 66 Order. Signed by Judge Timothy J. Kelly on 03/29/2021. (lctjk3) (Entered: 03/29/2021)
2021-04-06	68	Joint MOTION for Extension of Time to File Motion for Fee Recovery by HUMANE SOCIETY INTERNATIONAL. (Attachments: # 1 Text of Proposed Order)(Smythe, Laura) (Entered: 04/06/2021)
Hide Docket Events