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Case Title Ecological Rights Foundation v. Federal Emergency Management Agency
DistrictNorthern District of California
CitySan Francisco
Case Number3:2016cv05254
Date Filed2016-09-14
Date ClosedOpen
JudgeMagistrate Judge Maria-Elena James
PlaintiffEcological Rights Foundation a non-profit corporation
Case DescriptionThe Ecological Rights Foundation submitted a series of FOIA requests to the Federal Emergency Management Agency for records concerning consultations under the Endangered Species Act over implementation of the National Flood Insurance Program. In response to one of its requests, FEMA indicated that it found 4,267 pages, which it would release in installments of 1,000 pages. FEMA disclosed a handful of documents and withheld 486 pages in its first interim release. The Ecological Rights Foundation filed an appeal, challenging multiple redactions made under Exemption 5 (privileges) and Exemption 6 (invasion of privacy). After hearing nothing further from the agency, the Ecological Rights Foundation filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Vaughn index, Litigation - Attorney's fees

DefendantFederal Emergency Management Agency an agency of the Department of Homeland Security
AppealNinth Circuit 17-17539
Documents
Docket
Complaint
Complaint attachment 1
Opinion/Order [50]
Opinion/Order [74]
FOIA Project Annotation: A magistrate judge in California has ruled that the Federal Emergency Management Agency improperly withheld records about its implementation of the National Flood Insurance Program in California from the Ecological Rights Foundation under Exemption 5 (privileges) and Exemption 6 (invasion of privacy). Some of the agency's Exemption 5 claims were made to protect communications made to the Fish and Wildlife Service or the National Marine Fisheries Service. However, Magistrate Judge Maria-Elena James found that both FWS and NMFS had already disclosed most of the redacted records in their own responses to FOIA requests from the Ecological Rights Foundation. James noted that "this shows NMFS and FWS found that the documents should not be withheld as deliberative process. FEMA offers no reason why that production was improper and no reason to find these same documents are not subject to the deliberative process privilege." James also noted that the agency had failed to show why the foreseeable harm test codified by the 2016 FOIA Improvement Act allowed the agency to continue to withhold the records. She pointed out that "absent a showing of foreseeable harm to an interest protected by the deliberative process exemption, the documents must be disclosed." James also found FEMA's invocation of attorney-client privilege was undermined by the fact that NMFS had concluded that the information was not subject to the attorney-client privilege. FEMA claimed it withheld personally-identifying information to ensure compliance with the Privacy Act. Rejecting that claim, James found that "the unredacted records do not contain personnel or medical records. They instead appear to be applications from property owners or developers for Flood Insurance Rate Map Amendments, or requests to exclude properties from Special Flood Hazard Areas where appropriate. FEMA's Flood Insurance Rate Maps are publicly available, and any alterations to the maps are likewise public documents." Requiring FEMA to disclose most of the information redacted under Exemption 6, James observed that "while FEMA has requested more bites, the Court agrees with EcoRights' assessment that the apple is down to its core." James found that the agency's use of the date of the search was appropriate, but also concluded that "FEMA has repeatedly failed to comply with its statutory responsibility to respond fully to EcoRights' FOIA requests within the statutory timeframe." She noted that "the recurring nature of these violations and the possibility that they might reoccur with any of EcoRights' future FOIA requests show that declaratory relief is appropriate under these circumstances."
Issues: Exemption 5 - Privileges, Exemption 6 - Personnel, medical, similar file
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2016-09-141COMPLAINT for declaratory and injunctive relief against Federal Emergency Management Agency ( Filing fee $ 400, receipt number 0971-10768333.). Filed byEcological Rights Foundation. (Attachments: # 1 Civil Cover Sheet)(Sproul, Christopher) (Filed on 9/14/2016) (Entered: 09/14/2016)
2016-09-142Case assigned to Magistrate Judge Maria-Elena James. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening. Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. Counsel is required to send chambers a copy of the initiating documents pursuant to L.R. 5-1(e)(7). A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 9/28/2016. (bwS, COURT STAFF) (Filed on 9/14/2016) (Entered: 09/14/2016)
2016-09-143Proposed Summons. (Sproul, Christopher) (Filed on 9/14/2016) (Entered: 09/14/2016)
2016-09-144Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 12/8/2016. Case Management Conference set for 12/15/2016 10:00 AM. (hdjS, COURT STAFF) (Filed on 9/14/2016) (Entered: 09/15/2016)
2016-09-155Summons Issued as to Federal Emergency Management Agency. (hdjS, COURT STAFF) (Filed on 9/15/2016) (Entered: 09/15/2016)
2016-09-156CONSENT to Proceed Before a US Magistrate Judge by Ecological Rights Foundation.. (Sproul, Christopher) (Filed on 9/15/2016) Modified on 9/16/2016 (aaaS, COURT STAFF). (Entered: 09/15/2016)
2016-09-167First MOTION to Relate Case 3:16-cv-05254 Ecological Rights Foundation v. Federal Emergency Management Agency filed by Ecological Rights Foundation. (Attachments: # 1 Proposed Order Proposed Order to Consider Whether Cases Are Related)(Sproul, Christopher) (Filed on 9/16/2016) (Entered: 09/16/2016)
2016-09-218NOTICE of Appearance by Danielle Nicole Rathje for Plaintiff, Ecological Rights Foundation (Rathje, Danielle) (Filed on 9/21/2016) (Entered: 09/21/2016)
2016-09-309CLERK'S NOTICE: The Court has reviewed the motion and determined that Cases 15-cv-04068-DMR Ecological Rights Foundation v. Federal Emergency Management Agency and 16-cv-05254-MEJ Ecological Rights Foundation v. Federal Emergency Management Agency are NOT related and no reassignment shall occur. (ig, COURT STAFF) (Filed on 9/30/2016) (Entered: 09/30/2016)
2016-10-0610AMENDED COMPLAINT for declaratory and injunctive relief against Federal Emergency Management Agency. Filed byEcological Rights Foundation. (Rathje, Danielle) (Filed on 10/6/2016) (Entered: 10/06/2016)
2016-10-0611Certificate of Interested Entities by Ecological Rights Foundation re 1 Complaint, 10 Amended Complaint for declaratory and injunctive relief (Rathje, Danielle) (Filed on 10/6/2016) (Entered: 10/06/2016)
2016-10-1312CERTIFICATE OF SERVICE by Ecological Rights Foundation re 5 Summons Issued as to Federal Emergency Management Agency (Attachments: # 1 Supplement Mailing Receipt)(Rathje, Danielle) (Filed on 10/13/2016) (Entered: 10/13/2016)
2016-10-1313CERTIFICATE OF SERVICE by Ecological Rights Foundation re 5 Summons Issued as to Federal Emergency Management Agency (Attachments: # 1 Supplement Mailing Receipt)(Rathje, Danielle) (Filed on 10/13/2016) (Entered: 10/13/2016)
2016-10-1314CERTIFICATE OF SERVICE by Ecological Rights Foundation re 5 Summons Issued as to Federal Emergency Management Agency (Attachments: # 1 Supplement Mailing Receipt)(Rathje, Danielle) (Filed on 10/13/2016) (Entered: 10/13/2016)
2016-11-1015Answer to Amended Complaint 10 Amended Complaint for Declaratory and Injunctive Relief byFederal Emergency Management Agency. (Wall, Robin) (Filed on 11/10/2016) (Entered: 11/10/2016)
2016-11-2216ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Sproul, Christopher) (Filed on 11/22/2016) (Entered: 11/22/2016)
2016-11-2317NOTICE of Appearance by Christopher Windsand Harbor Hudak (Hudak, Christopher) (Filed on 11/23/2016) (Entered: 11/23/2016)
2016-11-2318ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Wall, Robin) (Filed on 11/23/2016) (Entered: 11/23/2016)
2016-11-2319NOTICE of need for ADR Phone Conference (ADR L.R. 3-5 d) (Wall, Robin) (Filed on 11/23/2016) (Entered: 11/23/2016)
2016-11-2920ADR Clerk's Notice Setting ADR Phone Conference on Thursday, December 8, 2016, at 3:00 PM Pacific time. Please note that you must be logged into an ECF account of counsel of record in order to view this document. (af, COURT STAFF) (Filed on 11/29/2016) (Entered: 11/29/2016)
2016-12-0821MOTION for Leave to File Second Amended Complaint filed by Ecological Rights Foundation. (Attachments: # 1 Exhibit Proposed Amended Complaint, # 2 Proposed Order)(Sproul, Christopher) (Filed on 12/8/2016) (Entered: 12/08/2016)
2016-12-0922ADR Remark: ADR Phone Conference held by Howard Herman on 12/8/2016. (af, COURT STAFF) (Filed on 12/9/2016) (This is a text-only entry generated by the court. There is no document associated with this entry.) (Entered: 12/09/2016)
2016-12-0923CASE MANAGEMENT STATEMENT filed by Ecological Rights Foundation. (Sproul, Christopher) (Filed on 12/9/2016) (Entered: 12/09/2016)
2016-12-0924ORDER REFERRING CASE to Magistrate Judge for Settlement Conference to occur as soon as possible. Signed by Magistrate Judge Maria-Elena James on 12/9/2016. (rmm2S, COURT STAFF) (Filed on 12/9/2016) (Entered: 12/09/2016)
2016-12-1225ORDER vacating initial case management conference and hearing re 21 MOTION for Leave to File Second Amended Complaint filed by Ecological Rights Foundation; continuing deadlines re Motion for Leave to File Second Amended Complaint. Signed by Judge Maria-Elena James on 12/12/2016. (mejlc3, COURT STAFF) (Filed on 12/12/2016) (Entered: 12/12/2016)
2016-12-12CASE REFERRED to Magistrate Judge Elizabeth D. Laporte for Settlement (ahm, COURT STAFF) (Filed on 12/12/2016) (Entered: 12/12/2016)
2016-12-1226MOTION for Summary Judgment filed by Ecological Rights Foundation. Responses due by 1/5/2017. Replies due by 1/12/2017. (Attachments: # 1 Declaration, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit, # 13 Exhibit, # 14 Exhibit, # 15 Proposed Order)(Sproul, Christopher) (Filed on 12/12/2016) (Entered: 12/12/2016)
2016-12-1327NOTICE of Settlement Conference and Settlement Conference Order by Magistrate Judge Elizabeth D. Laporte. A Settlement Conference is set for 2/17/2017 at 9:30 AM in Courtroom E, 15th Floor, San Francisco. (shyS, COURT STAFF) (Filed on 12/13/2016) (Entered: 12/13/2016)
2016-12-2128STIPULATION WITH PROPOSED ORDER to reschedule settlement conference filed by Ecological Rights Foundation. (Sproul, Christopher) (Filed on 12/21/2016) (Entered: 12/21/2016)
2016-12-2229ORDER granting Stipulated Request to Reschedule Settlement Conference signed by Magistrate Judge Elizabeth D. Laporte: granting 28 Stipulation.(shyS, COURT STAFF) (Filed on 12/22/2016) (Entered: 12/22/2016)
2016-12-2830CERTIFICATE OF SERVICE by Ecological Rights Foundation (Hudak, Christopher) (Filed on 12/28/2016) (Entered: 12/28/2016)
2017-01-0531Letter from Robin M. Wall, Assistant United States Attorney . (Wall, Robin) (Filed on 1/5/2017) (Entered: 01/05/2017)
2017-01-0632ORDER Granting Request to Appear Telephonically at Settlement Conference by Magistrate Judge Elizabeth D. Laporte. (shyS, COURT STAFF) (Filed on 1/6/2017) (Entered: 01/06/2017)
2017-01-1933Minute Entry for settlement conference conducted on 1/19/2017 by Magistrate Judge Elizabeth D. Laporte. Parties reached a partial settlement of the case, and the terms were placed on the record. Court Reporter Name Leo Mankiewicz. Plaintiff Attorneys: Christopher A. Sproul and Christopher HudakDefendant Attorney: Robin Wall This is a text only Minute Entry (jmdS, COURT STAFF) (Date Filed: 1/19/2017) (Entered: 01/19/2017)
2017-01-3134TRANSCRIPT ORDER for proceedings held on 01/19/2017 before Magistrate Judge Elizabeth D. Laporte by Ecological Rights Foundation, for Court Reporter Leo Mankiewicz. (Hudak, Christopher) (Filed on 1/31/2017) (Entered: 01/31/2017)
2017-02-0335STATUS ORDER. Signed by Judge Maria-Elena James on 2/3/2017. (mejlc3, COURT STAFF) (Filed on 2/3/2017) (Entered: 02/03/2017)
2017-02-0636Transcript of Proceedings held on 01/19/2017, before Magistrate Judge Elizabeth D. Laporte. Court Reporter/Transcriber Leo T. Mankiewicz, CSR, RMR, CRR, telephone number (415) 722-7045; email: leomank@gmail.com. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerk's Office public terminal or may be purchased through the Court Reporter/Transcriber until the deadline for the Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. (Re 34 Transcript Order ) Redaction Request due 2/27/2017. Redacted Transcript Deadline set for 3/9/2017. Release of Transcript Restriction set for 5/8/2017. (Related documents(s) 34 ) (Mankiewicz, Leo) (Filed on 2/6/2017) (Entered: 02/06/2017)
2017-02-0937STATUS REPORT by Federal Emergency Management Agency. (Wall, Robin) (Filed on 2/9/2017) (Entered: 02/09/2017)
2017-02-2838STIPULATION WITH PROPOSED ORDER filed by Ecological Rights Foundation. (Hudak, Christopher) (Filed on 2/28/2017) (Entered: 02/28/2017)
2017-02-2839***erroneous entry***ECOND AMENDED COMPLAINT against Federal Emergency Management Agency. Filed byEcological Rights Foundation. (Hudak, Christopher) (Filed on 2/28/2017) Modified on 3/1/2017 (hdjS, COURT STAFF). Modified on 3/1/2017 (hdjS, COURT STAFF). Modified on 3/3/2017 (hdjS, COURT STAFF). Modified on 3/9/2017 (hdjS, COURT STAFF). (Entered: 02/28/2017)
2017-03-0140Notice of Withdrawal of Motion (Hudak, Christopher) (Filed on 3/1/2017) (Entered: 03/01/2017)
2017-03-0141ORDER by Magistrate Judge Maria-Elena James granting 38 Stipulation and Order. (rmm2S, COURT STAFF) (Filed on 3/1/2017) (Entered: 03/01/2017)
2017-03-0742MOTION for Summary Judgment filed by Ecological Rights Foundation. Motion Hearing set for 4/27/2017 10:00 AM in Courtroom B, 15th Floor, San Francisco before Magistrate Judge Maria-Elena James. Responses due by 3/21/2017. Replies due by 3/28/2017. (Attachments: # 1 Declaration, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit, # 13 Exhibit, # 14 Exhibit, # 15 Exhibit, # 16 Exhibit, # 17 Exhibit, # 18 Exhibit, # 19 Exhibit, # 20 Exhibit, # 21 Exhibit, # 22 Exhibit, # 23 Exhibit, # 24 Exhibit, # 25 Proposed Order)(Hudak, Christopher) (Filed on 3/7/2017) (Entered: 03/07/2017)
2017-03-0843SECOND AMENDED COMPLAINT CORRECTION OF DOCKET # 39 against Federal Emergency Management Agency. Filed byEcological Rights Foundation. (Hudak, Christopher) (Filed on 3/8/2017) Modified on 3/9/2017 (hdjS, COURT STAFF). (Entered: 03/08/2017)
2017-03-2944STIPULATION WITH PROPOSED ORDER regarding Briefing Schedule on Cross-Motions for Summary; [Proposed] Order filed by Federal Emergency Management Agency. (Wall, Robin) (Filed on 3/29/2017) (Entered: 03/29/2017)
2017-03-3045ORDER by Magistrate Judge Maria-Elena James granting in part and denying in part 44 Stipulation. (rmm2S, COURT STAFF) (Filed on 3/30/2017) (Entered: 03/30/2017)
2017-03-30Set/Reset Deadlines as to 42 MOTION for Summary Judgment . Opposition due by 4/7/2017, at Noon. Replies due by 4/18/2017. Motion Hearing set for 5/11/2017 10:00 AM in Courtroom B, 15th Floor, San Francisco before Magistrate Judge Maria-Elena James. (rmm2S, COURT STAFF) (Filed on 3/30/2017) (Entered: 03/30/2017)
2017-04-0746OPPOSITION/RESPONSE (re 42 MOTION for Summary Judgment ) and CROSS MOTION FOR SUMMARY JUDGMENT filed byFederal Emergency Management Agency. (Attachments: # 1 Declaration of Eric Neuschaefer)(Wall, Robin) (Filed on 4/7/2017) (Entered: 04/07/2017)
2017-04-1847OPPOSITION/RESPONSE (re 42 MOTION for Summary Judgment ) Declaration of Christopher Hudak in Support of Plaintiff's Opposition to Defendant's Cross-Motion for Summary Judgment filed byEcological Rights Foundation. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit, # 13 Exhibit, # 14 Exhibit, # 15 Exhibit, # 16 Exhibit, # 17 Exhibit, # 18 Exhibit)(Hudak, Christopher) (Filed on 4/18/2017) (Entered: 04/18/2017)
2017-04-1848OPPOSITION/RESPONSE (re 42 MOTION for Summary Judgment ) Memorandum of Points and Authorities, Proposed Order filed byEcological Rights Foundation. (Attachments: # 1 Proposed Order)(Sproul, Christopher) (Filed on 4/18/2017) (Entered: 04/18/2017)
2017-05-1149Minute Entry for proceedings held before Magistrate Judge Maria-Elena James: Motion Hearing held on 5/11/2017. FTR Time: 10:14-10:36. Plaintiff Attorney: Christopher A. Sproul, Esq. Defendant Attorney: Robin M. Wall, AUSA. Attachment: Minutes of Motion for Summary Judgment; Motion hearing held; Argument heard, Matter submitted. Court shall issue Order.(rmm2S, COURT STAFF) (Date Filed: 5/11/2017) (Entered: 05/11/2017)
2017-05-1150ORDER re 46 Opposition/Response to Motion, filed by Federal Emergency Management Agency, 42 MOTION for Summary Judgment filed by Ecological Rights Foundation. Signed by Judge Maria-Elena James on 5/11/2017. (mejlc3, COURT STAFF) (Filed on 5/11/2017) (Entered: 05/11/2017)
2017-05-2551Declaration of Eric Neuschaeferre 50 Order by Federal Emergency Management Agency. (Wall, Robin) (Filed on 5/25/2017) Modified on 5/26/2017 (hdjS, COURT STAFF). (Entered: 05/25/2017)
2017-06-0852RESPONSE to re 50 Order, Declaration of Eric Neuschaefer by Federal Emergency Management Agency. (Wall, Robin) (Filed on 6/8/2017) (Entered: 06/08/2017)
2017-06-1253MOTION for Leave to File Third Amended Complaint filed by Ecological Rights Foundation. (Attachments: # 1 Exhibit, # 2 Proposed Order)(Sproul, Christopher) (Filed on 6/12/2017) (Entered: 06/12/2017)
2017-06-1354ORDER to Meet and Confer. Signed by Judge Maria-Elena James on 6/13/2017. (mejlc3, COURT STAFF) (Filed on 6/13/2017) (Entered: 06/13/2017)
2017-06-1455CLERK'S NOTICE: Setting Meet and Confer Session for June 19, 2017 at 11:00 a.m. (rmm2S, COURT STAFF) (Filed on 6/14/2017) (Entered: 06/14/2017)
2017-06-1556RESPONSE to re 50 Order, by Federal Emergency Management Agency. (Attachments: # 1 Exhibit A - Revised Vaughn Index, # 2 Exhibit B - NFIP Program Overview)(Wall, Robin) (Filed on 6/15/2017) (Entered: 06/15/2017)
2017-06-2257RESPONSE to re 50 Order, Notice of Production by Federal Emergency Management Agency. (Wall, Robin) (Filed on 6/22/2017) (Entered: 06/22/2017)
2017-06-2358STATUS REPORT by Ecological Rights Foundation. (Evenson, Fredric) (Filed on 6/23/2017) (Entered: 06/23/2017)
2017-06-2359Statement by Ecological Rights Foundation. (Evenson, Fredric) (Filed on 6/23/2017) (Entered: 06/23/2017)
2017-06-2860ORDER re 59 Statement filed by Ecological Rights Foundation, 58 Status Report filed by Ecological Rights Foundation. Signed by Judge Maria-Elena James on 6/28/2017. (mejlc3, COURT STAFF) (Filed on 6/28/2017) (Entered: 06/28/2017)
2017-07-1061RESPONSE to re 59 Statement (Plaintiff's Supplemental Statement) by Federal Emergency Management Agency. (Wall, Robin) (Filed on 7/10/2017) (Entered: 07/10/2017)
2017-07-2662STATUS REPORT ORDER. Signed by Judge Maria-Elena James on 7/26/2017. (mejlc3, COURT STAFF) (Filed on 7/26/2017) (Entered: 07/26/2017)
2017-08-0463STATUS REPORT Final Joint Status Report by Ecological Rights Foundation. (Hunt, Drevet) (Filed on 8/4/2017) (Entered: 08/04/2017)
2017-08-0964Notice of Withdrawal of Motion FOR LEAVE TO FILE THIRD AMENDED COMPLAINT (Evenson, Fredric) (Filed on 8/9/2017) (Entered: 08/09/2017)
2017-08-1165STATUS REPORT Update by Federal Emergency Management Agency. (Wall, Robin) (Filed on 8/11/2017) (Entered: 08/11/2017)
2017-08-1866STATUS REPORT by Federal Emergency Management Agency. (Wall, Robin) (Filed on 8/18/2017) (Entered: 08/18/2017)
2017-08-1867STATUS REPORT PLAINTIFFS SUPPLEMENTAL STATEMENT RE FINAL JOINT STATUS REPORT AND ISSUES REMAINING FOR ADJUDICATION by Ecological Rights Foundation. (Hunt, Drevet) (Filed on 8/18/2017) (Entered: 08/18/2017)
2017-08-1868Declaration of Drevet Hunt in Support of 50 Order, 67 Status Report filed byEcological Rights Foundation. (Attachments: # 1 Exhibit EXHIBIT A TO HUNT DECLARATION OF DREVET HUNT [PLAINTIFFS RESPONSE AND OBJECTIONS TO DEFENDANTS REVISED VAUGHN INDEX])(Related document(s) 50 , 67 ) (Hunt, Drevet) (Filed on 8/18/2017) (Entered: 08/18/2017)
2017-08-2169DECLARATION of Drevet Hunt in Opposition to 50 Order, 67 Status Report Declaration in Opposition to Defendant's Revised Vaughn Index (Response and Objections to Defendant's Revised Vaughn Index) filed byEcological Rights Foundation. (Attachments: # 1 Exhibit EXHIBIT A TO DECLARATION OF DREVET HUNT [PLAINTIFFS RESPONSE AND OBJECTIONS TO DEFENDANTS REVISED VAUGHN INDEX])(Related document(s) 50 , 67 ) (Hunt, Drevet) (Filed on 8/21/2017) (Entered: 08/21/2017)
2017-08-2170NOTICE by Ecological Rights Foundation re 63 Status Report, 69 Declaration in Opposition, 47 Opposition/Response to Motion,, 42 MOTION for Summary Judgment , 59 Statement, 67 Status Report, 58 Status Report, 48 Opposition/Response to Motion (Attachments: # 1 Exhibit A - Index of File Names with Corresponding Bates Pages ranges)(Hunt, Drevet) (Filed on 8/21/2017) (Entered: 08/21/2017)
2017-09-0171OPPOSITION/RESPONSE (re 42 MOTION for Summary Judgment ) and re 67 Motion for Discovery filed byFederal Emergency Management Agency. (Wall, Robin) (Filed on 9/1/2017) (Entered: 09/01/2017)
2017-09-0772Statement re 71 Opposition/Response to Motion by Ecological Rights Foundation. (Hunt, Drevet) (Filed on 9/7/2017) (Entered: 09/07/2017)
2017-11-2073NOTICE by Ecological Rights Foundation re 66 Status Report, 46 Opposition/Response to Motion, 63 Status Report, 69 Declaration in Opposition, 42 MOTION for Summary Judgment , 59 Statement, 68 Declaration in Support, 70 Notice (Other), 67 Status Report, 65 Status Report, 71 Opposition/Response to Motion, 72 Statement, 58 Status Report, 54 Order PLAINTIFFS NOTICE OF 120 DAYS SINCE MOTION FOR SUMMARY JUDGMENT TAKEN UNDER SUBMISSION (Hunt, Drevet) (Filed on 11/20/2017) (Entered: 11/20/2017)
2017-11-3074ORDER by Judge Maria-Elena James granting in part and denying in part 42 , 46 Motion for Summary Judgment, denying 67 Request for Discovery. Status Report due by 1/4/2018. (mejlc2S, COURT STAFF) (Filed on 11/30/2017) (Entered: 11/30/2017)
2017-12-0875STIPULATION WITH PROPOSED ORDER STIPULATION AND [PROPOSED] ORDER TO EXTEND TIME TO FILE MOTION FOR FEES AND COSTS PURSUANT TO CIVIL LOCAL RULE 54 filed by Ecological Rights Foundation. (Hunt, Drevet) (Filed on 12/8/2017) (Entered: 12/08/2017)
2017-12-0876ORDER by Magistrate Judge Maria-Elena James granting 75 Stipulation to Extend Time to File Motion for Fees and Costs. (rmm2S, COURT STAFF) (Filed on 12/8/2017) (Entered: 12/08/2017)
2017-12-1377STIPULATION WITH PROPOSED ORDER Stipulation and Request to Extend Deadline for Production; Proposed Order filed by Federal Emergency Management Agency. (Wall, Robin) (Filed on 12/13/2017) (Entered: 12/13/2017)
2017-12-1578ORDER by Magistrate Judge Maria-Elena James granting 77 Stipulation to extend deadline for production. (rmm2S, COURT STAFF) (Filed on 12/15/2017) (Entered: 12/15/2017)
2017-12-1879Emergency ADMINISTRATIVE MOTION for Stay Pending Appeal filed by Federal Emergency Management Agency. Responses due by 12/20/2017. (Wall, Robin) (Filed on 12/18/2017) (Entered: 12/18/2017)
2017-12-2080OPPOSITION/RESPONSE (re 79 Emergency ADMINISTRATIVE MOTION for Stay Pending Appeal) filed by Ecological Rights Foundation. (Hunt, Drevet) (Filed on 12/20/2017) (Entered: 12/20/2017)
2017-12-2081DECLARATION of Drevet Hunt in Opposition to 80 Opposition/Response to Motion, 79 Emergency ADMINISTRATIVE MOTION for Stay Pending Appeal filed by Ecological Rights Foundation. (Related document(s) 80 , 79 ) (Hunt, Drevet) (Filed on 12/20/2017) (Entered: 12/20/2017)
2017-12-2082Order by Magistrate Judge Maria-Elena James granting in part and denying in part 79 Administrative Motion for stay pending appeal.(mejlc3, COURT STAFF) (Filed on 12/20/2017) (Entered: 12/20/2017)
2017-12-2683NOTICE OF APPEAL to the 9th Circuit Court of Appeals filed by Federal Emergency Management Agency. (Appeal fee FEE WAIVED.) (Wall, Robin) (Filed on 12/26/2017) (USCA Case No. 17-17539) (Entered: 12/26/2017)
2017-12-2784NOTICE of Denial of Defendant's Motion for Stay by the Ninth Circuit re 83 Notice of Appeal filed by Ecological Rights Foundation (Attachments: # 1 Exhibit A - Order Denying Stay Pending Appeal)(Hunt, Drevet) (Filed on 12/27/2017) Modified on 12/28/2017 (slhS, COURT STAFF). (Entered: 12/27/2017)
2017-12-2885STATUS REPORT by Federal Emergency Management Agency. (Attachments: # 1 Declaration of Sara Winslow Accompanying Defendant's Status Report, # 2 Declaration of David McCoy Accompanying Defendant's Status Report)(Wall, Robin) (Filed on 12/28/2017) (Entered: 12/28/2017)
2018-01-0486NOTICE by Ecological Rights Foundation re 74 Order on Motion for Summary Judgment Notice of Failure to Comply (Hunt, Drevet) (Filed on 1/4/2018) (Entered: 01/04/2018)
2018-01-0887STATUS REPORT ORDER. Status Report due by 1/9/2018. Signed by Judge Maria-Elena James on 1/8/2018. (mejlc3, COURT STAFF) (Filed on 1/8/2018) (Entered: 01/08/2018)
2018-01-0988STATUS REPORT Report on FEMA's Production of Documents to Satisfy Court's Summary Judgment Order by Ecological Rights Foundation. (Hunt, Drevet) (Filed on 1/9/2018) (Entered: 01/09/2018)
2018-01-1889STATUS REPORT FURTHER Report on Defendant's Compliance with the Court's Order on the Parties' Cross-Motion for Summary Judgment by Ecological Rights Foundation. (Hunt, Drevet) (Filed on 1/18/2018) (Entered: 01/18/2018)
2018-01-2290STIPULATION WITH PROPOSED ORDER to Extend Time to File Motion for Fees and Costs Pursuant to Civil Local Rule 54 filed by Federal Emergency Management Agency. (Wall, Robin) (Filed on 1/22/2018) (Entered: 01/22/2018)
2018-01-2391ORDER by Magistrate Judge Maria-Elena James granting 90 Stipulation to Extend Time to file Motion for Fees and Costs. (rmm2S, COURT STAFF) (Filed on 1/23/2018) (Entered: 01/23/2018)
2018-01-2392CLERK'S NOTICE: SCHEDULING TELEPHONIC CONFERENCE. Telephonic Conference set for 1/25/2018 at 10:30 AM, in San Francisco, Courtroom B, 15th Floor before Magistrate Judge Maria-Elena James. Counsel shall call the following number at 10:30 a.m. on 1/25/2018: 1-888-684-8852; Access Code: 2925506. (rmm2S, COURT STAFF) (Filed on 1/23/2018) (Entered: 01/23/2018)
2018-01-2493USCA Case Number 17-17539 USCA for 83 Notice of Appeal filed by Federal Emergency Management Agency. (slhS, COURT STAFF) (Filed on 1/24/2018) (slhS, COURT STAFF). (Entered: 01/24/2018)
2018-01-2594Minute Entry for proceedings held before Magistrate Judge Maria-Elena James: Telephone Conference held on 1/25/2018.FTR Time: 10:32-10:46. Plaintiff Attorney: Drevet J.Hunt, Esq. - by telephone. Defendant Attorney: Robin M. Wall, AUSA. Attachment: Minutes of Telephone Conference; See attached minutes. (rmm2S, COURT STAFF) (Date Filed: 1/25/2018) (Entered: 01/25/2018)
2018-01-25Set/Reset Hearing re 94 Telephone Conference, Telephone Conference set for 3/22/2018 10:00 AM in San Francisco, Courtroom B, 15th Floor before Magistrate Judge Maria-Elena James. (rmm2S, COURT STAFF) (Filed on 1/25/2018) (Entered: 01/25/2018)
2018-01-3095Statement Re Withheld Document by Federal Emergency Management Agency. (Attachments: # 1 Declaration of Eric A. Neuschaefer)(Wall, Robin) (Filed on 1/30/2018) (Entered: 01/30/2018)
2018-02-1296MANDATE of USCA as to 83 Notice of Appeal filed by Federal Emergency Management Agency (hdjS, COURT STAFF) (Filed on 2/12/2018) (Entered: 02/12/2018)
2018-02-1497CLERK'S Letter Spreading Mandate to Counsel (hdjS, COURT STAFF) (Filed on 2/14/2018) (Entered: 02/14/2018)
2018-02-1698MOTION for Attorney Fees and Costs filed by Ecological Rights Foundation. Motion Hearing set for 4/19/2018 10:00 AM in San Francisco, Courtroom B, 15th Floor before Magistrate Judge Maria-Elena James. Responses due by 3/2/2018. Replies due by 3/9/2018. (Sproul, Christopher) (Filed on 2/16/2018) (Entered: 02/16/2018)
2018-02-1699Declaration of Molly Coyne in Support of 98 MOTION for Attorney Fees and Costs filed byEcological Rights Foundation. (Attachments: # 1 Exhibit)(Related document(s) 98 ) (Sproul, Christopher) (Filed on 2/16/2018) (Entered: 02/16/2018)
2018-02-16100AFFIDAVIT in Support re 98 MOTION for Attorney Fees and Costs filed byEcological Rights Foundation. (Attachments: # 1 Exhibit Evenson Decl. Exh. 1, # 2 Exhibit Evenson Decl. Exh. 2)(Related document(s) 98 ) (Evenson, Fredric) (Filed on 2/16/2018) (Entered: 02/16/2018)
2018-02-16101Declaration of Daniel Cooper in Support of 98 MOTION for Attorney Fees and Costs filed byEcological Rights Foundation. (Attachments: # 1 Declaration of Dawn Edberg, # 2 Exhibit 1 To Declaration of Dawn Edberg, # 3 Exhibit 2 To Declaration of Dawn Edberg, # 4 Declaration of Jason Flanders, # 5 Declaration of Brian Gaffney, # 6 Declaration of Drevet Hunt, # 7 Exhibit 1 to Declaration of Drevet Hunt, # 8 Exhibit 2 to Declaration of Drevet Hunt, # 9 Exhibit 3 to Declaration of Drevet Hunt)(Related document(s) 98 ) (Sproul, Christopher) (Filed on 2/16/2018) (Entered: 02/16/2018)
2018-02-16102Declaration of Christopher Sproul filed byEcological Rights Foundation. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit, # 13 Exhibit, # 14 Exhibit, # 15 Exhibit, # 16 Exhibit, # 17 Exhibit, # 18 Exhibit, # 19 Exhibit, # 20 Exhibit, # 21 Exhibit, # 22 Exhibit, # 23 Exhibit, # 24 Exhibit, # 25 Exhibit, # 26 Exhibit, # 27 Exhibit, # 28 Exhibit, # 29 Exhibit, # 30 Exhibit, # 31 Exhibit, # 32 Exhibit, # 33 Exhibit, # 34 Exhibit)(Sproul, Christopher) (Filed on 2/16/2018) (Entered: 02/16/2018)
2018-02-16103AFFIDAVIT in Support filed byEcological Rights Foundation. (Evenson, Fredric) (Filed on 2/16/2018) (Entered: 02/16/2018)
2018-02-16104EXHIBITS re 102 Declaration in Support,, Exhibit 35 to Sproul Declaration filed byEcological Rights Foundation. (Related document(s) 102 ) (Sproul, Christopher) (Filed on 2/16/2018) (Entered: 02/16/2018)
2018-02-16105EXHIBITS re 102 Declaration in Support,, Exhibit 36 to Sproul Declaration filed byEcological Rights Foundation. (Related document(s) 102 ) (Sproul, Christopher) (Filed on 2/16/2018) (Entered: 02/16/2018)
2018-02-16106EXHIBITS re 102 Declaration in Support,, Exhibit 37 to Sproul Declaration filed byEcological Rights Foundation. (Related document(s) 102 ) (Sproul, Christopher) (Filed on 2/16/2018) (Entered: 02/16/2018)
2018-02-16107EXHIBITS re 102 Declaration in Support,, Exhibit 38 to Sproul Declaration filed byEcological Rights Foundation. (Related document(s) 102 ) (Sproul, Christopher) (Filed on 2/16/2018) (Entered: 02/16/2018)
2018-02-16108EXHIBITS re 102 Declaration in Support,, Exhibit 40 to Sproul Declaration filed byEcological Rights Foundation. (Related document(s) 102 ) (Sproul, Christopher) (Filed on 2/16/2018) (Entered: 02/16/2018)
2018-02-16109EXHIBITS re 102 Declaration in Support,, Exhibit 41 to Sproul Declaration filed byEcological Rights Foundation. (Related document(s) 102 ) (Sproul, Christopher) (Filed on 2/16/2018) (Entered: 02/16/2018)
2018-02-16110Declaration of Danielle Rathje in Support of 98 MOTION for Attorney Fees and Costs filed byEcological Rights Foundation. (Attachments: # 1 Exhibit 1 to Declaration of Danielle Rathje, # 2 Proposed Order)(Related document(s) 98 ) (Sproul, Christopher) (Filed on 2/16/2018) (Entered: 02/16/2018)
2018-02-16111Declaration of Christopher W. Hudak in Support of 98 MOTION for Attorney Fees and Costs filed byEcological Rights Foundation. (Attachments: # 1 Exhibit, # 2 Exhibit)(Related document(s) 98 ) (Hudak, Christopher) (Filed on 2/16/2018) (Entered: 02/16/2018)
2018-02-16112EXHIBITS re 102 Declaration in Support,, Exhibit 42 to Sproul Declaration filed byEcological Rights Foundation. (Related document(s) 102 ) (Sproul, Christopher) (Filed on 2/16/2018) (Entered: 02/16/2018)
2018-02-16113EXHIBITS re 102 Declaration in Support,, Ex. 39 to Sproul Declaration in Support of Motion for Fees filed byEcological Rights Foundation. (Related document(s) 102 ) (Sproul, Christopher) (Filed on 2/16/2018) (Entered: 02/16/2018)
2018-02-16114EXHIBITS Sproul Decl. Exh. 43 filed byEcological Rights Foundation. (Evenson, Fredric) (Filed on 2/16/2018) (Entered: 02/16/2018)
2018-02-16115EXHIBITS Sproul Decl. Exh. 44 filed byEcological Rights Foundation. (Evenson, Fredric) (Filed on 2/16/2018) (Entered: 02/16/2018)
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by FOIA Project Staff