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Case TitleCenter for Biological Diversity v. United States Fish and Wildlife Service
DistrictDistrict of Arizona
CityTucson Division
Case Number4:2016cv00527
Date Filed2016-08-09
Date ClosedOpen
JudgeMagistrate Judge Bruce G Macdonald
PlaintiffCenter for Biological Diversity
Case DescriptionThe Center for Biological Diversity submitted a FOIA request to U.S. Fish and Wildlife Service for records from its Law Enforcement Management Information System, which contains information about importers and exporters as well as other data. The agency withheld information about exporters under Exemption 4 (confidential business information). The Center for Biological Diversity appealed, but after hearing nothing further from the agency, it filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantUnited States Fish and Wildlife Service
DefendantSafari Club International
501 Second St., NE
Washington, DC 20002
202-543-8733
DefendantSafari Club International
DefendantSafari Club International
TERMINATED: 10/06/2017
DefendantNational Association for Biomedical Research
AppealNinth Circuit 18-15997
Documents
Docket
Complaint
Opinion/Order [66]
FOIA Project Annotation: A federal court in Arizona has ruled that the U.S. Fish and Wildlife Service improperly withheld data elements in its Law Enforcement Management Information System Database under Exemption 4 (confidential business information) from the Center for Biological Diversity. The agency is required to clear any wildlife imported or exported to the United States. To accomplish that, importers and exporters are required to submit Form 3-177, which is compiled in the LEMIS database. From 2001 to 2015, data from the LEMIS database was publicly available pursuant to a FOIA request. Starting in mid-2015, the agency began to inconsistently withhold a variety of information about shipping, claiming Exemption 4. In November 2016, USFWS published a Federal Register notice soliciting comments from submitters of LEMIS data as to whether the data was confidential under Exemption 4. Ultimately, the agency identified 32 submitters who had provided sufficient information to warrant exemption. In response to a request by CBD, the agency withheld information pertaining to those 32 submitters. CBD sued, arguing that four data fields " foreign importer/exporters, United States permit numbers, quantities, and carrier names " were not exempt. After reviewing the submitters' claims that disclosure of the data would cause substantial competitive harm, the court sided with CBD. The court explained that "in this case, LEMIS data has been released in full for more than a decade prior to USFWS redacting any information. Once USFWS began redacting fields, it did so without any sort of consistency. Neither has USFWS presented a change of policy, circumstances, or statute that might explain its uneven responses to FOIA requests." The court pointed out that "if there were a true likelihood of substantial competitive injury, at least one instance of harm would have been documented based on years of unredacted LEMIS data release. USFWS has not met 'its burden of showing a potential of substantial competitive harm.'"
Issues: Exemption 4 - Competitive harm
Opinion/Order [91]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2016-08-091COMPLAINT. Filing fee received: $ 400.00, receipt number 0970-13261253 filed by Center for Biological Diversity. (Fink, Marc)(FKD) (Entered: 08/09/2016)
2016-08-092Additional Attachments to Main Document re: 1 Complaint by Plaintiff Center for Biological Diversity. (Fink, Marc) (FKD) (Entered: 08/09/2016)
2016-08-093Corporate Disclosure Statement by Center for Biological Diversity. (Fink, Marc) (FKD) (Entered: 08/09/2016)
2016-08-094SUMMONS Submitted by Center for Biological Diversity. (Fink, Marc) (FKD) (Entered: 08/09/2016)
2016-08-095Filing fee paid, receipt number 0970-13261253. This case has been assigned to the Honorable Bruce G Macdonald. All future pleadings or documents should bear the correct case number: 4:16-CV-00527-BGM. Magistrate Election form attached. (Attachments: # 1 consent form)(FKD) (Entered: 08/09/2016)
2016-08-096Summons Issued as to United States Fish and Wildlife Service. (FKD). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document. (Entered: 08/09/2016)
2016-08-107MOTION for Admission Pro Hac Vice as to attorney Marc D. Fink by Center for Biological Diversity. (Attachments: # 1 Certificate of Good Standing, # 2 Text of Proposed Order)(Fink, Marc) (Entered: 08/10/2016)
2016-08-159MOTION for Admission Pro Hac Vice as to attorney Sarah Uhlemann on behalf of Center for Biological Diversity. (BAS) (Entered: 08/16/2016)
2016-08-16PRO HAC VICE FEE PAID. $ 35, receipt number PHX175238 as to Marc D Fink. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) (Entered: 08/16/2016)
2016-08-168ORDER pursuant to General Order 09-08 granting 7 Motion for Admission Pro Hac Vice. Per the Court's Administrative Policies and Procedures Manual, applicant has five (5) days in which to register as a user of the Electronic Filing System. Registration to be accomplished via the court's website at www.azd.uscourts.gov. Counsel is advised that they are limited to two (2) additional e-mail addresses in their District of Arizona User Account. (BAS) (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (Entered: 08/16/2016)
2016-08-16PRO HAC VICE FEE PAID. $ 35, receipt number PHX175244 as to Sarah Uhlemann. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) (Entered: 08/16/2016)
2016-08-1610ORDER pursuant to General Order 09-08 granting 9 Motion for Admission Pro Hac Vice. Per the Court's Administrative Policies and Procedures Manual, applicant has five (5) days in which to register as a user of the Electronic Filing System. Registration to be accomplished via the court's website at www.azd.uscourts.gov. Counsel is advised that they are limited to two (2) additional e-mail addresses in their District of Arizona User Account. (BAS) (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (Entered: 08/16/2016)
2016-08-1911MOTION for Admission Pro Hac Vice as to attorney Anchun Jean Su on behalf of Center for Biological Diversity. (BAS) (Entered: 08/19/2016)
2016-08-19PRO HAC VICE FEE PAID. $ 35, receipt number PHX175424 as to Anchun Jean Su. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) (Entered: 08/19/2016)
2016-08-1912ORDER pursuant to General Order 09-08 granting 11 Motion for Admission Pro Hac Vice. Per the Court's Administrative Policies and Procedures Manual, applicant has five (5) days in which to register as a user of the Electronic Filing System. Registration to be accomplished via the court's website at www.azd.uscourts.gov. Counsel is advised that they are limited to two (2) additional e-mail addresses in their District of Arizona User Account. (BAS) (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (Entered: 08/19/2016)
2016-08-2213Agreement to Magistrate Judge Jurisdiction. Party agrees to Magistrate Judge Jurisdiction. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (FKD) (Entered: 08/22/2016)
2016-09-0614SERVICE EXECUTED filed by Center for Biological Diversity: Affidavit of Service re: Complaint and Summons upon U.S. Attorney General Lorreta Lynch, Civil Process Clerks of the U.S. Attorneys Offices in Tucson and Phoenix, U.S. Fish & Wildlife Service on August 10, 2016. (Attachments: # 1 Mail Receipts and Return of Service)(Uhlemann, Sarah) (Entered: 09/06/2016)
2016-09-15NOTICE of request for e-notices by Michael A. Ambri. (Ambri, Michael) (Entered: 09/15/2016)
2016-10-1715NOTICE OF ATTORNEY APPEARANCE: Michael A. Ambri appearing for United States Fish and Wildlife Service. . (Ambri, Michael) (Entered: 10/17/2016)
2016-10-1716Agreement to Magistrate Judge Jurisdiction. Party agrees to Magistrate Judge Jurisdiction. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (FKD) (Entered: 10/17/2016)
2016-10-1717Minute Order: In accordance with 28 USC 636(c), all parties have voluntarily consented to have Magistrate Judge Macdonald conduct all further proceedings in this case, including trial and entry of final judgment, and conduct all post-judgment proceedings, with direct review by the Ninth Circuit Court of Appeals, if an appeal is filed. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (FKD) (Entered: 10/17/2016)
2016-10-2418STIPULATION to Stay Action for 90 Days by United States Fish and Wildlife Service. (Attachments: # 1 Text of Proposed Order)(Ambri, Michael) (Entered: 10/24/2016)
2016-12-1619MOTION for Admission Pro Hac Vice as to attorney Tanya Sanerib on behalf of Center for Biological Diversity. (KAS) (Entered: 12/19/2016)
2016-12-1920ORDER pursuant to General Order 09-08 granting 19 Motion for Admission Pro Hac Vice. Per the Court's Administrative Policies and Procedures Manual, applicant has five (5) days in which to register as a user of the Electronic Filing System. Registration to be accomplished via the court's website at www.azd.uscourts.gov. Counsel is advised that they are limited to two (2) additional e-mail addresses in their District of Arizona User Account. (KAS) (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (Entered: 12/19/2016)
2016-12-19PRO HAC VICE FEE PAID. $ 35, receipt number PHX179927 as to Tanya Sanerib. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (KAS) (Entered: 12/19/2016)
2016-12-2221ORDER pursuant to 18 Stipulation: IT IS HEREBY ORDERED that this matter is stayed through 1/13/17, pending further pleading, stipulation, or motion. Signed by Magistrate Judge Bruce G Macdonald on 12/21/16.(BAC) (Entered: 12/22/2016)
2017-01-1322STIPULATION To Extend Stay by United States Fish and Wildlife Service. (Attachments: # 1 Text of Proposed Order)(Ambri, Michael) (Entered: 01/13/2017)
2017-01-3123ORDER pursuant to 22 Parties' Stipulation to Extend Stay: this matter is stayed through March 14, 2017, pending further pleading, stipulation, or motion. Signed by Magistrate Judge Bruce G Macdonald on 1/31/2017. (DPS) (Entered: 01/31/2017)
2017-03-0624MOTION to Intervene by Safari Club International. (Attachments: # 1 Affidavit Rew Goodenow, # 2 Proposed Answer, # 3 Text of Proposed Order)(Burdin, Douglas) (Entered: 03/06/2017)
2017-03-0625Corporate Disclosure Statement by Safari Club International. (Burdin, Douglas) (Entered: 03/06/2017)
2017-03-0626MOTION for Admission Pro Hac Vice as to attorney Douglas S. Burdin by Safari Club International. (Burdin, Douglas) (Entered: 03/06/2017)
2017-03-1527STIPULATION to Extend Stay by United States Fish and Wildlife Service. (Attachments: # 1 Text of Proposed Order)(Ambri, Michael) (Entered: 03/15/2017)
2017-03-2028RESPONSE in Opposition re: 24 MOTION to Intervene filed by Center for Biological Diversity. (Attachments: # 1 Exhibit Declaration with Attachments, # 2 Text of Proposed Order)(Sanerib, Tanya) (Entered: 03/20/2017)
2017-03-2129MOTION for Admission Pro Hac Vice as to attorney Anna Margo Seidman by Safari Club International. (Seidman, Anna) (Entered: 03/21/2017)
2017-03-2730REPLY to Response to Motion re: 24 MOTION to Intervene filed by Safari Club International. (Attachments: # 1 Affidavit of Douglas S. Burdin)(Burdin, Douglas) (Entered: 03/27/2017)
2017-03-27PRO HAC VICE FEE PAID. $ 35, receipt number PHX183624 as to Anna Margo Seidman. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) (Entered: 03/27/2017)
2017-03-27PRO HAC VICE FEE PAID. $ 35, receipt number PHX183625 as to Douglas Scott Burdin. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) (Entered: 03/27/2017)
2017-03-2731ORDER pursuant to General Order 09-08 granting 26 Motion for Admission Pro Hac Vice; granting 29 Motion for Admission Pro Hac Vice. Per the Court's Administrative Policies and Procedures Manual, applicant has five (5) days in which to register as a user of the Electronic Filing System. Registration to be accomplished via the court's website at www.azd.uscourts.gov. Counsel is advised that they are limited to two (2) additional e-mail addresses in their District of Arizona User Account. (BAS) (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (Entered: 03/27/2017)
2017-05-0432STIPULATION to Extend Stay by 14 Days by Center for Biological Diversity. (Attachments: # 1 Text of Proposed Order)(Uhlemann, Sarah) (Entered: 05/04/2017)
2017-05-1133ORDER pursuant to 27 Stipulation to Extend Stay, 32 Stipulation to Extend Stay By 14 Days: IT IS ORDERED that this matter is stayed through 5/19/17, pending further pleading, stipulation, or motion. Signed by Magistrate Judge Bruce G Macdonald on 5/11/17.(BAC) (Entered: 05/11/2017)
2017-05-2634STIPULATION Regarding Litigation Schedule by United States Fish and Wildlife Service. (Attachments: # 1 Text of Proposed Order)(Ambri, Michael) (Entered: 05/26/2017)
2017-07-0535ANSWER to 1 Complaint by United States Fish and Wildlife Service.(Ambri, Michael) (Entered: 07/05/2017)
2017-07-1936ORDER pursuant to 34 Parties' Stipulation Regarding Litigation Schedule. Defendant's Answer (Doc. 35 ) is deemed timely filed. Signed by Magistrate Judge Bruce G Macdonald on 7/19/2017. (See Order for details) (DPS) (Entered: 07/19/2017)
2017-08-0237STIPULATION to Extend Briefing Schedule by United States Fish and Wildlife Service. (Attachments: # 1 Text of Proposed Order)(Ambri, Michael) (Entered: 08/02/2017)
2017-08-0938MOTION for Summary Judgment by United States Fish and Wildlife Service. (Ambri, Michael) (Entered: 08/09/2017)
2017-08-0939STATEMENT OF FACTS re: 38 MOTION for Summary Judgment by Defendant United States Fish and Wildlife Service. (Attachments: # 1 Exhibit 1 through 21)(Ambri, Michael) (Entered: 08/09/2017)
2017-08-1740ORDER pursuant to 37 Stipulation to Extend Briefing Schedule. Defendant shall file its Motion for Summary Judgment on or before August 9, 2017. Plaintiff shall file its Cross-Motion/Response to Defendant's motion on or before September 8, 2017. Defendant shall file its Reply/Response on or before October 9, 2017. Plaintiff may file its Reply on or before November 8, 2017. IT IS FURTHER ORDERED that Defendant's Motion for Summary Judgment (Doc. 38 ) is deemed timely filed. Signed by Magistrate Judge Bruce G Macdonald on 8/17/2017. (KEP) (Entered: 08/17/2017)
2017-09-0541STIPULATION re: 40 Order on Stipulation to Extend the Briefing Schedule by Center for Biological Diversity. (Attachments: # 1 Text of Proposed Order)(Sanerib, Tanya) (Entered: 09/05/2017)
2017-09-0642ORDER pursuant to 41 Parties' Stipulation to Extend the Briefing Schedule (Second). Plaintiff shall file its Cross-Motion/Response to Defendant's motion on or before September 29, 2017. Defendant shall file its Reply/Response on or before October 31, 2017. Plaintiff may file its Reply on or before November 30, 2017. Signed by Magistrate Judge Bruce G Macdonald on 9/6/2017. (DPS) (Entered: 09/07/2017)
2017-09-1243NOTICE re: of Inquiry Under LR CIV. 7.2(n) by Safari Club International re: 24 MOTION to Intervene as Defendant . (Burdin, Douglas) (Entered: 09/12/2017)
2017-09-2944MOTION for Leave to File Excess Pages for Motion by Center for Biological Diversity. (Attachments: # 1 Text of Proposed Order)(Sanerib, Tanya) (Entered: 09/29/2017)
2017-09-2945(Filed at Doc 49 ) LODGED Proposed Plaintiff's Motion for Summary Judgment and Response to Defendant's Motion for Summary Judgment re: 44 MOTION for Leave to File Excess Pages for Motion . Document to be filed by Clerk if Motion or Stipulation for Leave to File or Amend is granted. Filed by Center for Biological Diversity. (Sanerib, Tanya) Modified on 10/5/2017 (KEP). (Entered: 09/29/2017)
2017-09-2946STATEMENT OF FACTS re: 45 Lodged Proposed Document In Support of Plaintiff's Motion for Summary Judgment by Plaintiff Center for Biological Diversity. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit Attachments A-J to Exhibit 2, # 4 Exhibit Attachments K-S to Exhibit 2, # 5 Exhibit 3-9)(Sanerib, Tanya) (Entered: 09/29/2017)
2017-09-2947RESPONSE re: 39 Statement of Facts by Plaintiff Center for Biological Diversity. (Sanerib, Tanya) (Entered: 09/29/2017)
2017-10-0548ORDER granting 44 Plaintiff's Unopposed Motion for Page Extension. The Clerk of the Court is directed to file Plaintiff's Lodged Motion for Summary Judgment and Response to Defendant's Motion for Summary Judgment (Doc. 45 ).Signed by Magistrate Judge Bruce G Macdonald on 10/4/2017. (KEP) (Entered: 10/05/2017)
2017-10-0549Plaintiff's MOTION for Summary Judgment and Response to Defendant's 38 Motion for Summary Judgment by Center for Biological Diversity. (filed by Sanerib, Tanya) (KEP) (Entered: 10/05/2017)
2017-10-0650*WITHDRAWAL OF DOCUMENT re: 24 MOTION to Intervene by Intervenor Defendant Safari Club International. (Burdin, Douglas) *Modified to correct event type and clarify docket text on 10/10/2017 (DPS). (Entered: 10/06/2017)
2017-10-3051STIPULATION to Extend Remainder of Briefing Schedule by United States Fish and Wildlife Service. (Attachments: # 1 Text of Proposed Order)(Ambri, Michael) (Entered: 10/30/2017)
2017-11-1752ORDER on 51 Stipulation: It is hereby ordered that the following schedule shall apply to this action: Defendant shall file its Reply/Response on or before November 29, 2017; and Plaintiff may file its Reply on or before January 5, 2018. Signed by Magistrate Judge Bruce G Macdonald on 11/17/2017. (SIB) (Entered: 11/17/2017)
2017-11-2953STIPULATION To Extend Remainder of Briefing Schedule by United States Fish and Wildlife Service. (Attachments: # 1 Text of Proposed Order Proposed Order)(Ambri, Michael) (Entered: 11/29/2017)
2017-12-1254ORDER on 53 Stipulation to Extend Remainder of Briefing Schedule: Defendant shall file its Reply/Response on or before December 20, 2017 and Plaintiff may file its Reply on or before January 26, 2018. Signed by Magistrate Judge Bruce G Macdonald on 12/11/2017. (KEP) (Entered: 12/12/2017)
2017-12-2055STIPULATION to Extend Remainder of Briefing Schedule by United States Fish and Wildlife Service. (Attachments: # 1 Text of Proposed Order)(Ambri, Michael) (Entered: 12/20/2017)
2017-12-2256ORDER re 55 Parties' Stipulation to Extend Remainder of Briefing Schedule. Defendant shall file its Reply/Response on or before January 4, 2018 and Plaintiff may file its Reply on or before February 13, 2018. Signed by Magistrate Judge Bruce G Macdonald on 12/21/2017. (KEP) (Entered: 12/22/2017)
2018-01-0457MOTION for Leave to File Excess Pages for Response/Reply Re: Motion for Summary Judgment by United States Fish and Wildlife Service. (Attachments: # 1 Text of Proposed Order Proposed Order)(Ambri, Michael) (Entered: 01/04/2018)
2018-01-0458*FILED at Doc. 61 -- LODGED Proposed Response/Reply Re: Motion for Summary Judgment re: 57 MOTION for Leave to File Excess Pages for Response/Reply Re: Motion for Summary Judgment . Document to be filed by Clerk if Motion or Stipulation for Leave to File or Amend is granted. Filed by United States Fish and Wildlife Service. (Attachments: # 1 Exhibit Exhibits 1-11)(Ambri, Michael) *Modified on 1/10/2018 (DPS). (Entered: 01/04/2018)
2018-01-0459STATEMENT OF FACTS Response to Plaintiff's Statement of Facts by Defendant United States Fish and Wildlife Service. (Ambri, Michael) (Entered: 01/04/2018)
2018-01-1060ORDER granting 57 Defendant's Motion to Exceed Page Limit. Signed by Magistrate Judge Bruce G Macdonald on 1/10/2018. (See Order for details) (DPS) (Entered: 01/10/2018)
2018-01-1061Defendant's REPLY Supporting 38 Motion for Summary Judgment / RESPONSE to 49 Plaintiff's Cross-Motion for Summary Judgment filed by United States Fish and Wildlife Service. (Attachments: # 1 Exhibits 1-11) (DPS) (Entered: 01/10/2018)
2018-02-0962STIPULATION re: 56 Order on Stipulation to Extend Briefing Schedule by Center for Biological Diversity. (Attachments: # 1 Text of Proposed Order)(Sanerib, Tanya) (Entered: 02/09/2018)
2018-02-1563NOTICE OF ATTORNEY'S CHANGE OF ADDRESS/FIRM NAME by Tanya Marie Sanerib. (Sanerib, Tanya) (Entered: 02/15/2018)
2018-02-1664ORDER granting 62 Stipulation to Extend the Briefing Schedule: Plaintiff shall file its Reply on or before March 15, 2018. Signed by Magistrate Judge Bruce G Macdonald on 2/15/2018. (KEP) (Entered: 02/16/2018)
2018-03-1565REPLY to Response to Motion re: 49 MOTION for Summary Judgment filed by Center for Biological Diversity. (Sanerib, Tanya) (Entered: 03/15/2018)
2018-03-3066ORDER: IT IS ORDERED Defendant's 38 Motion for Summary Judgment is DENIED in part and GRANTED in part; Plaintiff's 49 Cross-Motion for Summary Judgment is GRANTED in part and DENIED in part. Defendant shall provide documents responsive to Plaintiff's FOIA request consistent with this Order within 14 days of this Order; Plaintiff's claim pursuant to the APA is DISMISSED; Plaintiff's motion to strike and for 56(d) relief is DENIED AS MOOT. Clerk of the Court shall enter judgment in favor of the Plaintiff and close the case. Signed by Magistrate Judge Bruce G Macdonald on 3/30/18. (BAC) (Entered: 04/02/2018)
2018-04-0267CLERK'S JUDGMENT: IT IS ORDERED AND ADJUDGED that pursuant to the Court's Order filed 4/2/18, judgment is entered in favor of Plaintiff and against Defendant. This case is closed.(BAC) (Entered: 04/02/2018)
2018-04-1068STIPULATION re: Deadlines for Production of Records and Plaintiff's Application for Attorneys' Fees and Bill of Costs by United States Fish and Wildlife Service. (Attachments: # 1 Text of Proposed Order)(Ambri, Michael) (Entered: 04/10/2018)
2018-04-1769ORDER pursuant to 68 Stipulation: It is ordered that Defendant shall release to Plaintiff the data as directed in the Court's March 30, 2018 Order (Doc. 66 ) on or before May 13, 2018. Plaintiff shall file its motion for attorneys' fees and expenses and bill of costs on or before July 13, 2018. Signed by Magistrate Judge Bruce G Macdonald on 4/17/2018. (SIB) (Entered: 04/17/2018)
2018-05-0370STIPULATION re: 66 Order on Motion for Summary Judgment,,,,, by United States Fish and Wildlife Service. (Attachments: # 1 Text of Proposed Order)(Ambri, Michael) (Entered: 05/03/2018)
2018-05-1171NOTICE of Appearance by Corey B Larson on behalf of National Association for Biomedical Research. (Larson, Corey) (Entered: 05/11/2018)
2018-05-1172Corporate Disclosure Statement by National Association for Biomedical Research. (Larson, Corey) (Entered: 05/11/2018)
2018-05-1173MOTION for Leave to Appear , MOTION to Intervene by National Association for Biomedical Research. (Attachments: # 1 Exhibit Exhibit A-Declaration of Matthew Bailey)(Larson, Corey) (Entered: 05/11/2018)
2018-05-1174MOTION to Stay by National Association for Biomedical Research. (Attachments: # 1 Exhibit Exhibit A-Declaration of Matthew Bailey, # 2 Text of Proposed Order)(Meynard, Cassandra) (Entered: 05/11/2018)
2018-05-1175Additional Attachments to Main Document re: 73 MOTION for Leave to Appear MOTION to Intervene by Intervenor Defendant National Association for Biomedical Research. (Meynard, Cassandra) (Entered: 05/11/2018)
2018-05-1176Additional Attachments to Main Document re: 73 MOTION for Leave to Appear MOTION to Intervene by Intervenor Defendant National Association for Biomedical Research. (Meynard, Cassandra) (Entered: 05/11/2018)
2018-05-15NOTICE of request for e-notices by Benjamin Block. (Block, Benjamin) (Entered: 05/15/2018)
2018-05-15Remark: Pro hac vice motion granted for Benjamin C Block on behalf of defendant/intervenor National Association for Biomedical Research. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) (Entered: 05/15/2018)
2018-05-2477EX PARTE MOTION for Extension of Time to Appeal by National Association for Biomedical Research. (Attachments: # 1 Text of Proposed Order)(Larson, Corey) (Entered: 05/24/2018)
2018-05-2578RESPONSE in Opposition re: 73 MOTION for Leave to Appear MOTION to Intervene by NABR filed by Center for Biological Diversity. (Attachments: # 1 Text of Proposed Order)(Sanerib, Tanya) (Entered: 05/25/2018)
2018-05-2579RESPONSE in Opposition re: 77 MOTION for Extension of Time to Appeal docketed by applicant for intervention filed by Center for Biological Diversity. (Attachments: # 1 Text of Proposed Order)(Sanerib, Tanya) (Entered: 05/25/2018)
2018-05-2580NOTICE re: Of No Position by United States Fish and Wildlife Service re: 73 MOTION for Leave to Appear MOTION to Intervene , 74 MOTION to Stay , 77 MOTION for Extension of Time to Appeal . (Ambri, Michael) (Entered: 05/25/2018)
2018-05-2981NOTICE re: Of No Appeal By Defendant by United States Fish and Wildlife Service . (Ambri, Michael) (Entered: 05/29/2018)
2018-05-2982REPLY to Response to Motion re: 77 MOTION for Extension of Time to Appeal filed by National Association for Biomedical Research. (Larson, Corey) (Entered: 05/29/2018)
2018-05-2983REPLY to Response to Motion re: 73 MOTION for Leave to Appear MOTION to Intervene filed by National Association for Biomedical Research. (Larson, Corey) (Entered: 05/29/2018)
2018-05-2984NOTICE OF APPEAL to 9th Circuit Court of Appeals re: 67 Clerks Judgment by National Association for Biomedical Research. Filing fee received: $ 505.00, receipt number 0970-15550919. (Larson, Corey) (Entered: 05/29/2018)
2018-05-3185NOTICE re: Notice Regarding Motion to Intervene and Motion to Stay by National Association for Biomedical Research . (Attachments: # 1 Exhibit Second Declaration of Matthew Bailey)(Larson, Corey) (Entered: 05/31/2018)
2018-05-3187USCA Case Number re: 84 Notice of Appeal. Case number 18-15997, 9th CCA. (BAR)(copy mailed by 9th CCA) (Entered: 06/04/2018)
2018-05-3188TIME SCHEDULE ORDER of USCA re: 84 Notice of Appeal filed by National Association for Biomedical Research. (BAR)(copy mailed by 9th CCA) (Entered: 06/04/2018)
2018-06-0186ORDER granting 70 Stipulation: It is ordered that Defendant shall have up to and including fourteen (14) business days after the Government's final decision regarding whether to file an appeal in this action in which to release to Plaintiff the data as directed in the Courts March 30, 2018 Order (Doc. 66 ). Signed by Magistrate Judge Bruce G Macdonald on 5/29/2018. (SIB) (Entered: 06/01/2018)
2018-06-1489ORDER of USCA re: 84 Notice of Appeal. The district court's order requiring that the United States Fish and Wildlife Service provide documents responsive to the Center for Biological Diversity's FOIA request, as outlined in the district court's March 30, 2018 summary judgment order, is stayed. The motion for a limited remand is granted. This case is remanded to the district court for the limited purpose of enabling the district court to issue a decision on appellant's motion to intervene (Doc. 73 ). In addition, if the district court so chooses, it may also wish to issue a decision on appellant's motions to stay and for an extension of time to appeal, filed at District Court Docket Entry Nos. 74 and 77. (KAH) (Entered: 06/14/2018)
2018-07-1190STIPULATION re Attorneys' Fees Motion Deadline by Center for Biological Diversity. (Attachments: # 1 Text of Proposed Order)(Uhlemann, Sarah) (Entered: 07/11/2018)
2018-11-1591ORDER: Intervenor Applicant National Association for Biomedical Research's Expedited Motion to Intervene for Purpose of Appeal (Doc. 73 ) is GRANTED; NABRs Motion to Stay Judgment Pending Appeal (Doc. 74 ) is GRANTED; and NABRs Expedited Motion for Extension of Time to Appeal (Doc. 77 ) is DENIED AS MOOT. Signed by Magistrate Judge Bruce G Macdonald on 11/15/2018. (SIB) (Entered: 11/15/2018)
2018-11-2892MOTION for Reconsideration re: 91 Order on Motion for Leave to Appear, Order on Motion to Intervene, Order on Motion for Miscellaneous Relief, Order on Motion for Extension of Time by Center for Biological Diversity. (Attachments: # 1 Text of Proposed Order)(Sanerib, Tanya) (Entered: 11/28/2018)
2018-12-2893ORDER pursuant to 90 Stipulation: IT IS HEREBY ORDERED that Plaintiff shall have until thirty (30) days after the Ninth Circuit enters judgment in this case or dismisses the pending appeal to file a motion for attorneys fees and bill of costs. Signed by Magistrate Judge Bruce G Macdonald on 12/28/2018. (MCO) (Entered: 12/28/2018)
2018-12-2894ORDER, as to 92 MOTION for Reconsideration re: 91 Order on Motion for Leave to Appear, Order on Motion to Intervene, Order on Motion for Miscellaneous Relief, Order on Motion for Extension of Time. Defendant-Intervenor NABR shall file a response to Plaintiff's motion on or beforeJanuary 14, 2019. Signed by Magistrate Judge Bruce G Macdonald on 12/28/2018. (MCO) (Entered: 12/28/2018)
2019-01-1495RESPONSE to Motion re: 92 MOTION for Reconsideration re: 91 Order on Motion for Leave to Appear, Order on Motion to Intervene, Order on Motion for Miscellaneous Relief, Order on Motion for Extension of Time filed by National Association for Biomedical Research. (Larson, Corey) (Entered: 01/14/2019)
2019-04-0296ORDER granting 92 Motion for Reconsideration. The release of data remains stayed as to the following entities: a. Charles River Laboratories; b. Covance Laboratories; c. SNBL USA; d. Boehringer Ingelheim Pharmaceuticals; e. Bristol-Meyers Squibb; f. Novartis; g. Genentech; h. Abbvie; i. Alnylam Pharmaceuticals; and j. Primate Products, Inc. The United States Fish and Wildlife Service shall provide documents responsive to Plaintiff's FOIA request from the entities not listed above and consistent with the Court's March 30, 2018 Order. Signed by Magistrate Judge Bruce G Macdonald on 4/2/2019. (See attached Order for complete information) (DLC) (Entered: 04/02/2019)
2019-05-3197ORDER of USCA re: 84 Notice of Appeal filed by National Association for Biomedical Research. The stay of appellate proceedings is lifted, and the appeal shall proceed. Appellant's motion to stay the district court's judgment pending appeal (Docket Entry No. 6) and appellee's motion to dismiss the appeal for lack of jurisdiction (Docket Entry No. 15) are denied as moot. opening brief and excerpts of record are due 7/26/19; answering brief is due 8/26/19; optional reply brief is due within 21 days after service of answering brief.(BAC) (Entered: 06/04/2019)
2020-06-1598MANDATE of USCA re: 84 Notice of Appeal filed by National Association for Biomedical Research. VACATED in part and REMANDED for further proceedings. The parties shall bear their own costs on appeal. (Attachments: # 1 Memo, # 2 NDA)(BAC) (Entered: 06/15/2020)
2020-07-0199STIPULATION to Extend Deadline for Plaintiff's Motion for Attorney's Fees by United States Fish and Wildlife Service. (Attachments: # 1 Text of Proposed Order)(Ambri, Michael) (Entered: 07/01/2020)
2020-07-15100ORDER pursuant to 99 Stipulation: Plaintiff may file its motion for attorney's fees and costs on or before August 31, 2020. Signed by Magistrate Judge Bruce G Macdonald on 7/14/2020. (DLC) (Entered: 07/15/2020)
2020-08-26101STIPULATION to Extend Deadline for Plaintiff's Motion for Attorneys' Fees and Costs by Center for Biological Diversity. (Attachments: # 1 Text of Proposed Order)(Sanerib, Tanya) (Entered: 08/26/2020)
2020-08-28102ORDER pursuant to 101 Stipulation to Extend Deadline for Plaintiff's Motion for Attorneys' Fees and Costs : Plaintiff may file its motion for attorney's fees and costs on or before October 30, 2020. Signed by Magistrate Judge Bruce G Macdonald on 8/27/2020. (DLC) (Entered: 08/28/2020)
2020-10-27103STIPULATION to Extend Deadline for Attorneys' Fees Motion by Center for Biological Diversity. (Attachments: # 1 Text of Proposed Order)(Uhlemann, Sarah) (Entered: 10/27/2020)
2020-10-29104ORDER pursuant to 103 Stipulation: IT IS HEREBY ORDERED that Plaintiff may file its motion for attorneys' fees and costs on or before December 14, 2020. Signed by Magistrate Judge Bruce G Macdonald on 10/28/2020. (DLC) (Entered: 10/29/2020)
2020-12-09105*NOTICE of Settlement and Stipulation (MOTION) to Extend Motion Deadline by Center for Biological Diversity. (Attachments: # 1 Text of Proposed Order)(Sanerib, Tanya) *Modified to add motion part on 12/10/2020 (DLC). (Entered: 12/09/2020)
2020-12-15106ORDER Plaintiff may file its motion for attorneys' fees and costs on or before February 19, 2021. The Parties shall file a stipulation for dismissal, or Plaintiff shall file its motion for attorneys' fees and costs, on or before February 19, 2021. Signed by Magistrate Judge Bruce G Macdonald on 12/14/2020. (DLC) (Entered: 12/15/2020)
2021-02-18107STIPULATION To Extend Motion Deadline by United States Fish and Wildlife Service. (Attachments: # 1 Text of Proposed Order Proposed Order)(Ambri, Michael) (Entered: 02/18/2021)
2021-02-19108ORDER pursuant to 107 Stipulation: Plaintiff may file its motion for attorneys' fees and costs on or before April 19, 2021. The Parties shall file a stipulation for dismissal, or Plaintiff shall file its motion for attorneys' fees and costs, on or before April 19, 2021. Signed by Magistrate Judge Bruce G Macdonald on 2/19/2021. (DLC) (Entered: 02/19/2021)
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