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Case TitleWILDEARTH GUARDIANS v. UNITED STATES FISH AND WILDLIFE SERVICE
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2016cv01983
Date Filed2016-10-06
Date Closed2017-01-27
JudgeJudge Colleen Kollar-Kotelly
PlaintiffWILDEARTH GUARDIANS
Case DescriptionWildearth Guardians submitted a FOIA request to U.S. Fish and Wildlife Service for records concerning the agency's decision not to list the Sonoran desert turtle as an endangered species. The agency acknowledged receipt of the request and took a 10-day extension. Wildearth Guardians inquired about the status of the request, but after hearing nothing further about a substantive response to its request, Wildlife Guardians filed suit.
Complaint issues: Litigation - Attorney's fees, Failure to respond within statutory time limit

DefendantUNITED STATES FISH AND WILDLIFE SERVICE
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2016-10-061COMPLAINT for Declaratory and Injunctive Relief against UNITED STATES FISH AND WILDLIFE SERVICE ( Filing fee $ 400 receipt number 0090-4700179) filed by WILDEARTH GUARDIANS. (Attachments: # 1 Civil Cover Sheet, # 2 Summons U.S. Fish and Wildlife Service, # 3 Summons U.S. Attorney District of DC, # 4 Summons U.S. Attorney General)(Mellgren, John) (Entered: 10/06/2016)
2016-10-062MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Matthew K. Bishop, :Firm- Western Environmental Law Center, :Address- 103 Reeder's Alley, Helena, Montana 59601. Phone No. - (406) 324-8011. Fax No. - (406) 443-6305 Filing fee $ 100, receipt number 0090-4700237. Fee Status: Fee Paid. by WILDEARTH GUARDIANS (Attachments: # 1 Declaration, # 2 Text of Proposed Order)(Mellgren, John) (Entered: 10/06/2016)
2016-10-063LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by WILDEARTH GUARDIANS (Mellgren, John) (Entered: 10/06/2016)
2016-10-06Case Assigned to Judge Colleen Kollar-Kotelly. (jd) (Entered: 10/07/2016)
2016-10-074SUMMONS (3) Issued Electronically as to UNITED STATES FISH AND WILDLIFE SERVICE, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Consent Forms)(jd) (Entered: 10/07/2016)
2016-10-075ORDER Establishing Procedures for Cases Assigned to Judge Colleen Kollar-Kotelly. Signed by Judge Colleen Kollar-Kotelly on October 7, 2016. (NS) (Entered: 10/07/2016)
2016-10-07MINUTE ORDER GRANTING 2 Motion for Leave to Appear Pro Hac Vice of Attorney Mathew K. Bishop, in order for him to appear as co-counsel for Plaintiff, contingent on said attorney filing a declaration certifying familiarity with this Court's Local Rules by no later than OCTOBER 14, 2016. Counsel shall promptly register for this Court's CM/ECF system. Signed by Judge Colleen Kollar-Kotelly on 10/7/2016. (lcckk3) (Entered: 10/07/2016)
2016-10-146NOTICE of Appearance by Matthew K. Bishop on behalf of WILDEARTH GUARDIANS (Bishop, Matthew) (Entered: 10/14/2016)
2016-10-147AFFIDAVIT of Matthew K. Bishop by WILDEARTH GUARDIANS. (Bishop, Matthew) (Entered: 10/14/2016)
2016-11-018RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 10/14/2016. Answer due for ALL FEDERAL DEFENDANTS by 11/13/2016. (Attachments: # 1 Affidavit of Mailing, # 2 Exhibit - Certified Mail Receipts)(Bishop, Matthew) (Entered: 11/01/2016)
2016-11-019RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 10/14/2016. (Attachments: # 1 Affidavit of Mailing, # 2 Exhibit - Certified Mail Receipts)(Bishop, Matthew) (Entered: 11/01/2016)
2016-11-0110RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES FISH AND WILDLIFE SERVICE served on 10/13/2016 (Attachments: # 1 Affidavit of Mailing, # 2 Exhibit - Certified Mail Receipts)(Bishop, Matthew) (Entered: 11/01/2016)
2016-11-1611Consent MOTION for Extension of Time to File Answer re 1 Complaint, by UNITED STATES FISH AND WILDLIFE SERVICE (Haynes, Fred) (Entered: 11/16/2016)
2016-11-17MINUTE ORDER. The Court is in receipt of Defendant's 11 Consent Motion for an Extension of Time to Answer the Complaint. This is the first extension requested on this deadline. Defendant represents that it anticipates responding to Plaintiff's FOIA request by the end of this week or early next week and that the parties intend to discuss to what extent further proceedings in this case are needed after that response is given. Defendant's consent motion is GRANTED. Defendant shall file an answer or otherwise respond to Plaintiff's complaint by no later than DECEMBER 16, 2016. Signed by Judge Colleen Kollar-Kotelly on 11/17/2016. (lcckk3) (Entered: 11/17/2016)
2016-11-17Set/Reset Deadlines: Defendant shall file an Answer or otherwise respond to 1 by 12/16/2016. (dot) (Entered: 11/18/2016)
2016-12-1612Consent MOTION for Extension of Time to File Answer re 1 Complaint, by UNITED STATES FISH AND WILDLIFE SERVICE (Haynes, Fred) (Entered: 12/16/2016)
2016-12-19MINUTE ORDER. The Court is in receipt of Defendant's 12 Consent Motion for an Extension of Time to Answer the Complaint. This is the second extension requested on this deadline. Defendant represents that it has now responded to Plaintiff's FOIA request and that the parties are engaged in discussions to resolve this case. Accordingly, Defendant requests a further extension of time to answer the complaint. Plaintiff consents. Defendant's motion is GRANTED. Defendant shall file an answer or otherwise respond to Plaintiff's complaint by no later than JANUARY 6, 2017. Signed by Judge Colleen Kollar-Kotelly on 12/19/2016. (lcckk3) (Entered: 12/19/2016)
2016-12-19Set/Reset Deadlines: Answer or otherwise respond to Plaintiff's complaint due by 1/6/2017. (dot) (Entered: 12/28/2016)
2017-01-0613Consent MOTION for Extension of Time to File Answer re 1 Complaint, by UNITED STATES FISH AND WILDLIFE SERVICE (Haynes, Fred) (Entered: 01/06/2017)
2017-01-09MINUTE ORDER. The Court is in receipt of Defendant's 13 Consent Motion for a Further Extension of Time to Answer the Complaint. This is the third extension requested on this deadline. Defendant represents that it has responded to Plaintiff's FOIA request and that the parties are engaged in discussions to resolve this case. Defendant represents that a brief additional period is required to determine if those discussions can resolve the attorney's fees issue. Accordingly, Defendant requests a brief further extension of time to answer the complaint. Plaintiff consents. Defendant's motion is GRANTED. Defendant shall file an answer or otherwise respond to Plaintiff's complaint by no later than JANUARY 11, 2017. Signed by Judge Colleen Kollar-Kotelly on 1/9/2017. (lcckk3) (Entered: 01/09/2017)
2017-01-09Set/Reset Deadlines: Answer or otherwise respond to complaint by 1/11/2017. (dot) (Entered: 01/09/2017)
2017-01-1114ANSWER to Complaint by UNITED STATES FISH AND WILDLIFE SERVICE.(Haynes, Fred) (Entered: 01/11/2017)
2017-01-1215ORDER. The parties shall file a Joint Status Report by no later than January 26, 2017. Signed by Judge Colleen Kollar-Kotelly on 1/12/2017. (lcckk3) (Entered: 01/12/2017)
2017-01-12Set/Reset Deadlines: Joint Status Report due by 1/26/2017. (dot) (Entered: 01/13/2017)
2017-01-2616Joint STATUS REPORT by UNITED STATES FISH AND WILDLIFE SERVICE. (Haynes, Fred) (Entered: 01/26/2017)
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by FOIA Project Staff