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Case TitleTurner v. United States Forest Service
DistrictSouthern District of Illinois
CityEast St. Louis
Case Number3:2016cv00635
Date Filed2016-06-13
Date ClosedOpen
JudgeJudge Nancy J. Rosenstengel
PlaintiffSeth F Turner
Case DescriptionSeth Turner, an advocate for preserving the caves in his area of Southern Illinois, submitted a FOIA request to the U.S. Forest Service for records concerning the gating of the Griffith cave. The agency acknowledged receipt of the request, but after hearing nothing further from the agency, Turner filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantUnited States Forest Service an admininstrative agency of the United States Department of Agriculture
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
Opinion/Order [32]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2016-06-131COMPLAINT against United States Forest Service ( Filing fee $ 400 receipt number 0754-2963388.), filed by Seth F. Turner. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Exhibit FOIA request, # 4 Exhibit Correspondence 05/14/14, # 5 Exhibit Gating Agreement, # 6 Exhibit Correspondence 12/04/15, # 7 Exhibit Email 08/09/2013 redacted, # 8 Exhibit Email 08/09/2013)(Turner, Frederick) (Entered: 06/13/2016)
2016-06-142Notice of Judge Assignment. Judge Nancy J. Rosenstengel and Magistrate Judge Donald G. Wilkerson assigned. All future documents must bear case number 16-635-NJR-DGW. If the parties consent to Magistrate Judge assignment, the consent form with instruction is attached for your convenience. (jlrr) (Entered: 06/14/2016)
2016-06-143Summons Issued as to United States Forest Service. Original summons mailed to attorney, Frederick Turner, Jr. (jlrr) (Entered: 06/14/2016)
2016-06-154NOTICE OF ERRORS AND/OR DEFICIENCIES. See Local Rule 83.1(f). In all cases filed in, removed to, or transferred to this court, all attorneys, including government attorneys, shall file a written entry of appearance before addressing the court. Attorney Turner does not have a Notice of Appearance on file in this case and is instructed to file a formal Notice of Appearance as soon as possible. (jlrr)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 06/15/2016)
2016-06-155NOTICE of Appearance by Frederick Turner on behalf of Seth F Turner (Turner, Frederick) (Entered: 06/15/2016)
2016-08-086NOTICE of Appearance by Suzanne M. Garrison on behalf of United States Forest Service (Garrison, Suzanne) (Entered: 08/08/2016)
2016-08-087First MOTION for Extension of Time to File Answer re 1 Complaint, or Otherwise Respond to Plaintiff's Complaint by United States Forest Service. (Garrison, Suzanne) (Entered: 08/08/2016)
2016-08-098ORDER GRANTING 7 First MOTION for Extension of Time to File Answer re 1 Complaint, or Otherwise Respond to Plaintiff's Complaint filed by United States Forest Service. Defendant is GRANTED an extension of time, up to and including September 19, 2016 , to file its answer or otherwise respond to Plaintiff's complaint. Signed by Magistrate Judge Donald G. Wilkerson on 8/9/2016. (nms)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 08/09/2016)
2016-09-139Second MOTION for Extension of Time to File Answer re 1 Complaint, or Otherwise Respond to Plaintiff's Complaint by United States Forest Service. (Garrison, Suzanne) (Entered: 09/13/2016)
2016-09-1410ORDER GRANTING 9 Second MOTION for Extension of Time to File Answer re 1 Complaint or Otherwise Respond to Plaintiff's Complaint filed by United States Forest Service. Defendant is GRANTED an extension of time, up to and including October 19, 2016 , to file its answer or otherwise respond to Plaintiff's complaint. Signed by Magistrate Judge Donald G. Wilkerson on 9/14/2016. (nms)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 09/14/2016)
2016-10-1911Third MOTION for Extension of Time to File Answer re 1 Complaint, or Otherwise Respond to Plaintiff's Complaint by United States Forest Service. (Garrison, Suzanne) (Entered: 10/19/2016)
2016-10-1912ORDER GRANTING 11 Motion for Extension of Time to Answer: Responsive pleading due by November 19, 2016. Signed by Magistrate Judge Donald G. Wilkerson on 10/19/16. (sgp)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 10/19/2016)
2016-11-1813Fourth MOTION for Extension of Time to File Response/Reply as to 1 Complaint, by United States Forest Service. (Garrison, Suzanne) (Entered: 11/18/2016)
2016-11-3014ORDER GRANTING 13 Fourth MOTION for Extension of Time to File Response/Reply as to 1 Complaint filed by United States Forest Service. Defendant United States Forest Service is GRANTED an extension of time, up to and including 12/30/2016 , to file its answer or otherwise respond to Plaintiff's complaint. While the Court recognizes the parties are attempting to resolve this matter with limited involvement of the Court, it notes that this is the fourth extension of time Defendant has been granted to respond to Plaintiff's complaint, and cautions that its patience with said requests is not unlimited. Signed by Magistrate Judge Donald G. Wilkerson on 11/30/2016. (nms)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 11/30/2016)
2016-12-2915MOTION for More Definite Statement by United States Forest Service. (Garrison, Suzanne) (Entered: 12/29/2016)
2016-12-2916MOTION to Strike 1 Complaint, SURPLUSAGE by United States Forest Service. (Garrison, Suzanne) (Entered: 12/29/2016)
2017-01-1217RESPONSE in Opposition re 16 MOTION to Strike 1 Complaint, SURPLUSAGE filed by All Plaintiffs. (Attachments: # 1 Exhibit FOIA Response Letters)(Turner, Frederick) (Entered: 01/12/2017)
2017-01-1218RESPONSE to Motion re 15 MOTION for More Definite Statement filed by Seth F Turner. (Turner, Frederick) (Entered: 01/12/2017)
2017-05-2319ORDER: Plaintiff is hereby ORDERED to file an amended complaint by June 13, 2017 . In light of the anticipated filing of an amended complaint, the Court FINDS AS MOOT 15 MOTION for More Definite Statement filed by United States Forest Service and 16 MOTION to Strike 1 Complaint, SURPLUSAGE filed by United States Forest Service. Signed by Magistrate Judge Donald G. Wilkerson on 5/23/2017. (nms) (Entered: 05/23/2017)
2017-06-1320AMENDED COMPLAINT FOIA against All Plaintiffs, filed by Seth F Turner. (Attachments: # 1 Exhibit 2015 FOIA request, # 2 Exhibit Email receipt for 2015 FOIA, # 3 Exhibit 2nd Email receipt for 2015 FOIA, # 4 Exhibit 07/01/2016 FOIA response - no records, # 5 Exhibit 07/15/2016 FOIA letter confirming 07/01/2016 response, # 6 Exhibit 10/04/2016 FOIA Letter - re 529 pages, # 7 Exhibit 11/10/2016 FOIA Letter - additional 433 pages, # 8 Exhibit 12/12/2016 FOIA Letter w/email strings, # 9 Exhibit 05/14/2014 FOIA response Letter, # 10 Exhibit Gating Agreement, # 11 Exhibit 12/04/15 USFWS FOIA letter, # 12 Exhibit Emails re gating of Griffith Cave, # 13 Exhibit Emails re gating of Griffith Cave - not redacted, # 14 Exhibit Memorandum of Understanding - Stantec and Pioneer, # 15 Exhibit IDNR comments on Pioneer Draft Conservation Plan, # 16 Exhibit 11/25/2014 USFWS letter to Plaintiff, # 17 Exhibit 04/22/2013 Email string re gating of Magazine and Griffith Cave, # 18 Exhibit 09/23/2013 Email string re Cave Gate Contractor)(Turner, Frederick) (Entered: 06/13/2017)
2017-06-2721MOTION for Extension of Time to File Answer re 20 Amended Complaint,,,, by United States Forest Service. (Garrison, Suzanne) (Entered: 06/27/2017)
2017-06-2722ORDER GRANTING 21 MOTION for Extension of Time to File Answer re 20 Amended Complaint, filed by United States Forest Service. United States Forest Service answer due 7/11/2017. Signed by Magistrate Judge Donald G. Wilkerson on 6/27/17. (sgp)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 06/27/2017)
2017-06-2923CJRA TRACK B assigned: Final Pretrial Conference set for 5/15/2018 at 1:30 PM in East St. Louis Courthouse before Judge Nancy J. Rosenstengel. Presumptive Bench Trial month set for June, 2018. (Attachments: # 1 Consent to Magistrate Judge)(drb) (Entered: 06/29/2017)
2017-07-1124ANSWER to 20 Amended Complaint for Declaratory and Injunctive Relief by United States Forest Service. (Garrison, Suzanne) Modified on 7/12/2017 (jsm2). (Entered: 07/11/2017)
2017-07-1225NOTICE OF MODIFICATION re 24 Amended Answer to Complaint filed by United States Forest Service. Document is "Answer to Amended Complaint" and clerk to modify entry to reflect same. No further action is required by the filer in relation to this notification. (jsm2)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 07/12/2017)
2017-07-2626NOTICE of Scheduling and Discovery Conference: Telephone Scheduling/Discovery Conference set for 8/24/2017 at 1:30 PM in East St. Louis Courthouse before Magistrate Judge Donald G. Wilkerson. (jmp) (Entered: 07/26/2017)
2017-07-3027CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (Turner, Frederick) (Entered: 07/30/2017)
2017-07-3128NOTICE REGARDING FILING re 27 Consent/Non-Consent to US Magistrate Judge. Other: Civil Cover Sheet, submitted summonses and other documents are fillable documents. Fillable documents should be converted to non-fillable PDF before filing on CM/ECF. This Notice is sent for informational purposes only. (jsm2)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 07/31/2017)
2017-08-0329MOTION to Vacate 26 Notice of Scheduling and Discovery Conference by United States Forest Service. (Garrison, Suzanne) (Entered: 08/03/2017)
2017-08-1130RESPONSE in Opposition re 29 MOTION to Vacate 26 Notice of Scheduling and Discovery Conference filed by Seth F Turner. (Turner, Frederick) (Entered: 08/11/2017)
2017-08-2331ORDER DENYING 29 MOTION to Vacate 26 Notice of Scheduling and Discovery Conference filed by United States Forest Service. Telephonic conference will be held on August 24, 2017 at 1:30 p.m. as scheduled. Signed by Magistrate Judge Donald G. Wilkerson on 8/23/2017. (nms)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 08/23/2017)
2017-09-1932ORDER re 30 Response in Opposition to Motion filed by Seth F Turner. Dispositive Motions due by 10/20/2017. Signed by Magistrate Judge Donald G. Wilkerson on 9/19/2017. (nms) (Entered: 09/19/2017)
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