Skip to content

Case Detail

[Subscribe to updates]
Case TitleFRIENDS OF THE RIVER v. UNITED STATES ARMY CORPS OF ENGINEERS et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2016cv02327
Date Filed2016-11-23
Date ClosedOpen
JudgeJudge Jia M. Cobb
PlaintiffFRIENDS OF THE RIVER a non-profit corporation
Case DescriptionFriends of the River submitted four FOIA requests to the U.S. Army Corps of Engineers for records concerning the Corps' operation and maintenance of the Englebright and Daguerre Point Dams on the Yuba River. The agency acknowledged receipt of all four requests. It told Friends of the River that it was not obligated to seek records that belonged to the National Marine Fisheries Service, but otherwise failed to respond to any of the requests. Friends of the River filed administrative appeals of the delays, but after hearing nothing further from the agency, Friends of the River filed suit. This case was initially filed in September in the Northern District of California but has now been transferred to the District of Columbia.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Attorney's fees, Litigation - Jurisdiction - Venue

DefendantUNITED STATES ARMY CORPS OF ENGINEERS
DefendantLt. General TODD T. SEMONITE as Commanding General of the United States Army Corps of Engineers
DefendantTODD T. SEMONITE as Commanding General of the United States Army Corps of Engineers
Documents
Docket
Complaint
Complaint attachment 1
Opinion/Order [96]
Opinion/Order [97]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2016-09-011COMPLAINT against Todd T. Semonite, United States Army Corps of Engineers ( Filing fee $ 400, receipt number 0971-10737163.). Filed byFriends of the River. (Attachments: # 1 Civil Cover Sheet)(Weisselberg, Patricia) (Filed on 9/1/2016) [Transferred from California Northern on 11/23/2016.] (Entered: 09/01/2016)
2016-09-012Proposed Summons. (Weisselberg, Patricia) (Filed on 9/1/2016) [Transferred from California Northern on 11/23/2016.] (Entered: 09/01/2016)
2016-09-013Case assigned to Magistrate Judge Kandis A. Westmore. 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 9/15/2016. (cjlS, COURT STAFF) (Filed on 9/1/2016) [Transferred from California Northern on 11/23/2016.] (Entered: 09/01/2016)
2016-09-014Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 11/29/2016. Case Management Conference set for 12/6/2016 01:30 PM in Courtroom 4, 3rd Floor, Oakland. (cjlS, COURT STAFF) (Filed on 9/1/2016) [Transferred from California Northern on 11/23/2016.] (Entered: 09/01/2016)
2016-09-015Summons Issued as to Todd T. Semonite, United States Army Corps of Engineers. (cjlS, COURT STAFF) (Filed on 9/1/2016) [Transferred from California Northern on 11/23/2016.] (Entered: 09/01/2016)
2016-09-026CERTIFICATE OF SERVICE by Friends of the River (Weisselberg, Patricia) (Filed on 9/2/2016) [Transferred from California Northern on 11/23/2016.] (Entered: 09/02/2016)
2016-09-067CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Friends of the River.. (Weisselberg, Patricia) (Filed on 9/6/2016) [Transferred from California Northern on 11/23/2016.] (Entered: 09/06/2016)
2016-09-078CLERK'S NOTICE OF IMPENDING REASSIGNMENT TO A U.S. DISTRICT COURT JUDGE: The Clerk of this Court will now randomly reassign this case to a District Judge because either (1) a party has not consented to the jurisdiction of a Magistrate Judge, or (2) time is of the essence in deciding a pending judicial action for which the necessary consents to Magistrate Judge jurisdiction have not been secured. You will be informed by separate notice of the district judge to whom this case is reassigned. ALL HEARING DATES PRESENTLY SCHEDULED BEFORE THE CURRENT MAGISTRATE JUDGE ARE VACATED AND SHOULD BE RE-NOTICED FOR HEARING BEFORE THE JUDGE TO WHOM THIS CASE IS REASSIGNED. This is a text only docket entry; there is no document associated with this notice. (cjlS, COURT STAFF) (Filed on 9/7/2016) [Transferred from California Northern on 11/23/2016.] (Entered: 09/07/2016)
2016-09-079ORDER REASSIGNING CASE. Case reassigned to Judge Hon. Yvonne Gonzalez Rogers for all further proceedings. Magistrate Judge Kandis A. Westmore no longer assigned to the case. Signed by the Executive Committee on September 7, 2016. (cjlS, COURT STAFF) (Filed on 9/7/2016) [Transferred from California Northern on 11/23/2016.] (Entered: 09/07/2016)
2016-09-1410CERTIFICATE OF SERVICE by Friends of the River (Weisselberg, Patricia) (Filed on 9/14/2016) [Transferred from California Northern on 11/23/2016.] (Entered: 09/14/2016)
2016-09-1611CLERK'S NOTICE SETTING CASE MANAGEMENT CONFERENCE. Case Management Statement due by 12/5/2016. Initial Case Management Conference set for Monday, 12/12/2016 02:00 PM before Hon. Judge Yvonne Gonzalez Rogers in Courtroom 1, 4th Floor, Oakland. (Attachments: # 1 Standing Order) (fs, COURT STAFF) (Filed on 9/16/2016) [Transferred from California Northern on 11/23/2016.] (Entered: 09/16/2016)
2016-10-0612MOTION to Dismiss or in the alternative, Motion to Transfer filed by Todd T. Semonite, United States Army Corps of Engineers. Motion Hearing set for 11/15/2016 02:00 PM in Courtroom 1, 4th Floor, Oakland before Hon. Yvonne Gonzalez Rogers. Responses due by 10/20/2016. Replies due by 10/27/2016. (Attachments: # 1 Declaration of Sara Platt, # 2 Exhibit A-M, # 3 Request for Judicial Notice, # 4 Proposed Order)(Reding, Ann) (Filed on 10/6/2016) Modified on 10/21/2016 (cpS, COURT STAFF). [Transferred from California Northern on 11/23/2016.] (Entered: 10/06/2016)
2016-10-1113NOTICE of Substitution of Counsel by Julie Bibb Davis (Davis, Julie) (Filed on 10/11/2016) [Transferred from California Northern on 11/23/2016.] (Entered: 10/11/2016)
2016-10-2014RESPONSE (re 12 MOTION to Dismiss or in the alternative, Motion to Transfer ) filed byFriends of the River. (Attachments: # 1 Weisselberg declaration, # 2 Ex. 1, # 3 Ex. 2, # 4 Ex. 3, # 5 Ex. 4, # 6 Ex. 5, # 7 Ex. 6, # 8 Ex. 7, # 9 Ex. 8, # 10 Ex. 9, # 11 Ex. 10, # 12 Ex. 11, # 13 Ex. 12, # 14 Ex. 13, # 15 Request for Judicial Notice, # 16 Proposed Order)(Weisselberg, Patricia) (Filed on 10/20/2016) Modified on 10/21/2016 (cpS, COURT STAFF). [Transferred from California Northern on 11/23/2016.] (Entered: 10/20/2016)
2016-10-2115NOTICE of Appearance by Christopher Alan Sproul (Sproul, Christopher) (Filed on 10/21/2016) [Transferred from California Northern on 11/23/2016.] (Entered: 10/21/2016)
2016-10-2716REPLY (re 12 MOTION to Dismiss or in the alternative, Motion to Transfer ) filed byTodd T. Semonite, United States Army Corps of Engineers. (Davis, Julie) (Filed on 10/27/2016) [Transferred from California Northern on 11/23/2016.] (Entered: 10/27/2016)
2016-11-1017CLERK'S NOTICE VACATING MOTION HEARING SET TUESDAY, NOVEMBER 15, 2016 AT 2:00 PM [RE DKT. NO. 12] (This is a text-only entry generated by the court. There is no document associated with this entry.) (fs, COURT STAFF) (Filed on 11/10/2016) [Transferred from California Northern on 11/23/2016.] (Entered: 11/10/2016)
2016-11-1518ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Davis, Julie) (Filed on 11/15/2016) [Transferred from California Northern on 11/23/2016.] (Entered: 11/15/2016)
2016-11-1519ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Weisselberg, Patricia) (Filed on 11/15/2016) [Transferred from California Northern on 11/23/2016.] (Entered: 11/15/2016)
2016-11-1520STIPULATION and Proposed Order selecting Mediation by Todd T. Semonite, United States Army Corps of Engineers filed by Todd T. Semonite, United States Army Corps of Engineers, Friends of the River. (Davis, Julie) (Filed on 11/15/2016) Modified on 11/16/2016 (cpS, COURT STAFF). [Transferred from California Northern on 11/23/2016.] (Entered: 11/15/2016)
2016-11-2221ORDER by Judge Yvonne Gonzalez Rogers granting in part 12 Defendant's Motion to Dismiss and Transferring for Improper Venue.Clerk of court shall transfer this case to the District of Columbia. (fs, COURT STAFF) (Filed on 11/22/2016) [Transferred from California Northern on 11/23/2016.] (Entered: 11/22/2016)
2016-11-23Electronically transferred case to the District of Columbia (cpS, COURT STAFF) (Filed on 11/23/2016) [Transferred from California Northern on 11/23/2016.] (Entered: 11/23/2016)
2016-11-2322Case transferred in from District of California Northern; Case Number 4:16-cv-05052. Original file certified copy of transfer order and docket sheet received. (Entered: 11/23/2016)
2016-11-2323GENERAL ORDER AND GUIDELINES FOR CIVIL CASES BEFORE JUDGE KETANJI BROWN JACKSON. The Court will hold the parties and counsel responsible for following these directives, and parties and counsel should pay particular attention to the Courts instructions for briefing motions. Failure to adhere to this Order may, when appropriate, result the imposition of sanctions and/or sua sponte denial of non-conforming motions. Signed by Judge Ketanji Brown Jackson on 11/23/2016. (lckbj1) (Entered: 11/23/2016)
2016-11-23MINUTE ORDER requiring the parties to file a Joint Notice, on or before 12/9/2016, informing the Court of whether they consent to a referral to the Circuit Mediation Program. Information regarding the Mediation Program is available at http://www.dcd.uscourts.gov/court-mediation-program. Signed by Judge Ketanji Brown Jackson on 11/23/2016. (lckbj1) (Entered: 11/23/2016)
2016-12-0924NOTICE of Appearance by Derrick Wayne Grace on behalf of TODD T. SEMONITE, UNITED STATES ARMY CORPS OF ENGINEERS (Grace, Derrick) (Entered: 12/09/2016)
2016-12-0925NOTICE of Appearance by Andrea C. Ferster on behalf of FRIENDS OF THE RIVER (Ferster, Andrea) (Entered: 12/09/2016)
2016-12-0926Joint MOTION for Extension of Time to respond to Court's November 23, 2016 Minute Order by TODD T. SEMONITE, UNITED STATES ARMY CORPS OF ENGINEERS (Grace, Derrick) (Entered: 12/09/2016)
2016-12-12MINUTE ORDER granting 26 Joint Motion for Extension of Time to Respond to Court's November 23, 2016 Minute Order. It is hereby ORDERED that the parties shall file a Joint Notice, on or before 12/16/2016, informing the Court of whether they consent to a referral to the Circuit Mediation Program. Signed by Judge Ketanji Brown Jackson on 12/12/2016. (lckbj1) (Entered: 12/12/2016)
2016-12-1527Consent MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Patricia Weisselberg, :Firm- LAW OFFICE OF PATRICIA WEISSELBERG, :Address- 115 Oakdale Avenue, Mill Valley, CA 94941. Phone No. - (415) 388-2303. Fax No. - (415) 388-2303 Filing fee $ 100, receipt number 0090-4778047. Fee Status: Fee Paid. by FRIENDS OF THE RIVER (Attachments: # 1 Text of Proposed Order)(Ferster, Andrea) (Entered: 12/15/2016)
2016-12-1528Consent MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Christopher A Sproul, :Firm- Environmental Advocates, :Address- 5135 Anza Street, San Francisco, CA 94121. Phone No. - (415) 533-3376. Fax No. - (415) 358-5695 Filing fee $ 100, receipt number 0090-4778082. Fee Status: Fee Paid. by FRIENDS OF THE RIVER (Attachments: # 1 Text of Proposed Order)(Ferster, Andrea) (Entered: 12/15/2016)
2016-12-1629Joint STATUS REPORT and Motion for Briefing Schedule by TODD T. SEMONITE, UNITED STATES ARMY CORPS OF ENGINEERS. (Grace, Derrick) (Entered: 12/16/2016)
2016-12-1630MOTION for Briefing Schedule by TODD T. SEMONITE, UNITED STATES ARMY CORPS OF ENGINEERS. (See Docket Entry 29 to view document). (znmw) (Entered: 12/19/2016)
2016-12-19MINUTE ORDER denying without prejudice and with leave to refile 27 , 28 Motions for Leave to Appear Pro Hac Vice for failure to comply with this Court's Local Rules. See LCvR 83.2(d) (requiring declaration in support of motion for leave to appear pro hac vice to set forth six specific items of information). Signed by Judge Ketanji Brown Jackson on 12/19/2016. (lckbj1) (Entered: 12/19/2016)
2016-12-1931Consent MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Patricia Weisselberg, :Firm- LAW OFFICE OF PATRICIA WEISSELBERG, :Address- 115 Oakdale Avenue, Mill Valley, CA 94941. Phone No. - (415) 388-2303. Fax No. - (415) 388-2303 Filing fee $ 100, receipt number 0090-4781651. Fee Status: Fee Paid. by FRIENDS OF THE RIVER (Attachments: # 1 Text of Proposed Order)(Ferster, Andrea) (Entered: 12/19/2016)
2016-12-1932Consent MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Christopher A Sproul, :Firm- Environmental Advocates, :Address- 5135 Anza Street, San Francisco, CA 94121. Phone No. - (415) 533-3376. Fax No. - (415) 358-5695 Filing fee $ 100, receipt number 0090-4781662. Fee Status: Fee Paid. by FRIENDS OF THE RIVER (Attachments: # 1 Text of Proposed Order)(Ferster, Andrea) (Entered: 12/19/2016)
2016-12-21MINUTE ORDER granting 31 , 32 Motions for Leave to Appear Pro Hac Vice. It is hereby ORDERED that Patricia Weisselberg and Christopher A Sproul are admitted pro hac vice in this matter as counsel for Plaintiff. Signed by Judge Ketanji Brown Jackson on 12/21/2016. (lckbj1) (Entered: 12/21/2016)
2016-12-22MINUTE ORDER granting 30 Joint Motion for Briefing Schedule. It is hereby ORDERED that the following schedule is set for briefing summary judgment in this matter: Plaintiff's motion for summary judgment is due on or before 1/13/2017; Defendants' consolidated opposition thereto and cross-motion for summary judgment is due on or before 1/27/2017; Plaintiff's consolidated reply and cross-motion opposition is due on or before 2/10/2017; Defendants' cross-motion reply is due on or before 2/17/2017. Signed by Judge Ketanji Brown Jackson on 12/22/2016. (lckbj1) (Entered: 12/22/2016)
2017-01-0933STIPULATION for Leave To File Amended Complaint by FRIENDS OF THE RIVER. (Attachments: # 1 Exhibit Proposed Amended Complaint, # 2 Exhibit Redline of Proposed Amended Complaint)(Sproul, Christopher) (Entered: 01/09/2017)
2017-01-10MINUTE ORDER. Pending before the Court is a 33 Stipulation and Order for Leave to File First Amended Complaint, in which the parties request that this Court enter an order approving the agreement they have reached with respect to Plaintiff filing an amended complaint, and a schedule for answers and/or motions related to that complaint. Because leave of court is not necessary under Federal Rule of Procedure 15(a)(2), as Defendants have consented to Plaintiff amending its complaint, the Clerk of Court is instructed to lodge ECF No. 33-1 as the operative Amended Complaint in this matter. The Court will construe the parties' stipulation regarding the time frame for Defendants to respond to the Amended Complaint as a motion for an for an extension of time to answer, and so construed, it is hereby ORDERED that the motion is GRANTED, and Defendants shall answer or otherwise respond to the Amended Complaint on or before 2/9/2017. Any further requests for extensions of time must be made by motion and otherwise comply with 23 the Court's General Order and Guidelines for Civil Cases. Counsel is specifically directed to Section 5 of the Appendix to the General Order and Guidelines. Signed by Judge Ketanji Brown Jackson on 1/10/2017. (lckbj1) (Entered: 01/10/2017)
2017-01-1034First AMENDED COMPLAINT against TODD T. SEMONITE, UNITED STATES ARMY CORPS OF ENGINEERS filed by FRIENDS OF THE RIVER.(td) (Entered: 01/11/2017)
2017-01-1335MOTION for Summary Judgment by FRIENDS OF THE RIVER (Attachments: # 1 Statement of Facts, # 2 Declaration of Christopher Sproul, # 3 Declaration of Patricia Weisselberg, # 4 Exhibit Index of exhibits, # 5 Exhibit Exhibit 1, Weisselberg Declaration, # 6 Exhibit Exhibit 2, Weisselberg Declaration, # 7 Exhibit Exhibit 3, Weisselberg Declaration, # 8 Exhibit Exhibit 4, Weisselberg Declaration, # 9 Exhibit Exhibit 5, Weisselberg Declaration, # 10 Exhibit Exhibit 6, Weisselberg Declaration, # 11 Exhibit Exhibit 7, Weisselberg Declaration, # 12 Exhibit Exhibit 8, Weisselberg Declaration, # 13 Exhibit Exhibit 9, Weisselberg Declaration, # 14 Exhibit Exhibit 10, Weisselberg Declaration, # 15 Exhibit Exhibit 11, Weisselberg Declaration, # 16 Exhibit Exhibit 12, Weisselberg Declaration, # 17 Exhibit Exhibit 13, Weisselberg Declaration, # 18 Exhibit Exhibit 14, Weisselberg Declaration, # 19 Exhibit Exhibit 15, Weisselberg Declaration, # 20 Exhibit Exhibit 16, Weisselberg Declaration, # 21 Exhibit Exhibit 17, Weisselberg Declaration, # 22 Exhibit Exhibit 18, Weisselberg Declaration, # 23 Exhibit Exhibit 19, Weisselberg Declaration, # 24 Exhibit Exhibit 20, Weisselberg Declaration, # 25 Exhibit Exhibit 21, Weisselberg Declaration, # 26 Exhibit Exhibit 22, Weisselberg Declaration, # 27 Exhibit Exhibit 23, Weisselberg Declaration, # 28 Exhibit Exhibit 24, Weisselberg Declaration, # 29 Exhibit Exhibit 25, Weisselberg Declaration, # 30 Exhibit Exhibit 26, Weisselberg Declaration, # 31 Exhibit Exhibit 27, Weisselberg Declaration, # 32 Exhibit Exhibit 28, Weisselberg Declaration, # 33 Exhibit Exhibit 29, Weisselberg Declaration)(Sproul, Christopher) (Entered: 01/13/2017)
2017-01-1336NOTICE of Proposed Order re 35 Motion for Summary Judgment by FRIENDS OF THE RIVER (Sproul, Christopher) Modified event title on 1/17/2017 (znmw). (Entered: 01/13/2017)
2017-01-2437Consent MOTION for Extension of Time to File Response/Reply to Plaintiff's Motion for Summary Judgment by TODD T. SEMONITE, UNITED STATES ARMY CORPS OF ENGINEERS (Grace, Derrick) (Entered: 01/24/2017)
2017-01-24MINUTE ORDER granting Defendants' 37 Motion to Amend the Briefing Schedule. It is hereby ORDERED that Defendants' Cross-Motion and opposition to Plaintiff's Motion is due on or before February 9, 2017, Plaintiff's reply in support of its Motion and opposition to Defendants' Cross-Motion is due on or before February 23, 2017, and Defendants' reply in support of their Cross-Motion is due on or before March 2, 2017. Signed by Judge Ketanji Brown Jackson on January 24, 2017. (lckbj2) (Entered: 01/24/2017)
2017-01-25Set/Reset Deadlines: Response to Motion for Summary Judgment and Cross Motions due by 2/9/2017. Response to Cross Motions and Reply to Motion for Summary Judgment due by 2/23/2017. Reply to Cross Motions due by 3/2/2017. (gdf) (Entered: 01/25/2017)
2017-02-0938Memorandum in opposition to re 35 MOTION for Summary Judgment and Partial Motion to Dismiss and Motion to Stay Proceedings filed by TODD T. SEMONITE, UNITED STATES ARMY CORPS OF ENGINEERS. (Attachments: # 1 Declaration Ms. Platt, # 2 Declaration Ms. Green, # 3 Exhibit 1, # 4 Statement of Facts Defendant's Response to Plaintiff's)(Grace, Derrick) (Entered: 02/09/2017)
2017-02-0939MOTION to Dismiss, MOTION for a Stay in the proceedings re 1 Complaint, by TODD T. SEMONITE, UNITED STATES ARMY CORPS OF ENGINEERS (td) Modified on 2/10/2017 (td). (See docket entry no. 38 to view document.) (Entered: 02/10/2017)
2017-02-1040NOTICE of filing Platt Declaration with exhibits and Response to Plaintiff's Statement of Material Facts by TODD T. SEMONITE, UNITED STATES ARMY CORPS OF ENGINEERS re 38 Memorandum in Opposition, 39 MOTION to Dismiss MOTION to Stay re 1 Complaint, (Attachments: # 1 Declaration Platt with Table of Contents, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I, # 11 Exhibit J, # 12 Exhibit K, # 13 Exhibit L, # 14 Exhibit M, # 15 Exhibit N, # 16 Exhibit O, # 17 Exhibit P, # 18 Statement of Facts Response to Plaintiff's Stament of Material Fact)(Grace, Derrick) (Entered: 02/10/2017)
2017-02-2341MEMORANDUM IN OPPOSITION to motion re 39 MOTION to Dismiss MOTION to Stay re 1 Complaint, filed by FRIENDS OF THE RIVER. (Attachments: # 1 Sproul Reply Declaration, # 2 Weisselberg Reply Declaration, # 3 Ex. 1, # 4 Ex. 2, # 5 Ex. 3, # 6 Ex. 4, # 7 Ex. 5, # 8 Ex. 6)(Weisselberg, Patricia) Modified text event on 2/24/2017 (td). (Entered: 02/23/2017)
2017-03-0242Consent MOTION for Extension of Time to File Response/Reply in support of its motion to dismiss by TODD T. SEMONITE, UNITED STATES ARMY CORPS OF ENGINEERS (Grace, Derrick) (Entered: 03/02/2017)
2017-03-03MINUTE ORDER granting Defendant's 42 Consent Motion for Extension of Time. It is hereby ORDERED that Defendant's reply in support of its Motion to Dismiss and Motion for a Stay is due on or before March 6, 2017. Signed by Judge Ketanji Brown Jackson on March 3, 2017. (lckbj2) (Entered: 03/03/2017)
2017-03-0643REPLY to opposition to motion re 39 MOTION to Dismiss MOTION to Stay re 1 Complaint, filed by TODD T. SEMONITE, UNITED STATES ARMY CORPS OF ENGINEERS. (Attachments: # 1 Exhibit)(Grace, Derrick) (Entered: 03/06/2017)
2017-04-20MINUTE ORDER setting Status Conference for 5/11/2017 at 02:30 PM in Courtroom 17 before Judge Ketanji Brown Jackson. Signed by Judge Ketanji Brown Jackson on 04/20/2017. (lckbj1) (Entered: 04/20/2017)
2017-04-2444MOTION to Reschedule Status Conference by FRIENDS OF THE RIVER (Attachments: # 1 Text of Proposed Order)(Sproul, Christopher) Modified on 4/25/2017 (to correct docket event/text jf). (Entered: 04/24/2017)
2017-04-2545Amended MOTION for Scheduling Order to reschedule Status Conference by FRIENDS OF THE RIVER (Sproul, Christopher) (Entered: 04/25/2017)
2017-04-26MINUTE ORDER GRANTING, for good cause shown, 44 Consent Motion to Reschedule Status Conference, and finding as moot 45 Amended Motion to Reschedule Status Conference. It is hereby ORDERED that the Status Conference set for 5/11/2017, is VACATED and RESET for 6/1/2017 at 02:15 PM in Courtroom 17 before Judge Ketanji Brown Jackson. It is FURTHER ORDERED that Plaintiff's principal trial counsel is GRANTED leave to appear at the status conference telephonically so long as Plaintiff's local counsel appears at the status conference in person. Signed by Judge Ketanji Brown Jackson on 04/26/2017. (lckbj1) (Entered: 04/26/2017)
2017-06-01MINUTE ORDER. The parties appeared before this Court for a status conference on June 1, 2017. For the reasons already stated on the record in open court, it is hereby ORDERED that 35 Plaintiff's Motion for Summary Judgment, 39 Defendants' Motion to Dismiss, and 39 Defendants' Motion for a Stay in the Proceedings are DENIED WITHOUT PREJUDICE. It is FURTHER ORDERED that the parties shall promptly confer and shall file a joint proposed schedule for document production and further proceedings, on or before June 29, 2017. Signed by Judge Ketanji Brown Jackson on 06/01/2017. (lckbj3) (Entered: 06/01/2017)
2017-06-01Minute Entry for proceedings held before Judge Ketanji Brown Jackson: Status Conference held on 6/1/2017. Order to be entered by Chambers. (Court Reporter Barbara DeVico) (gdf) (Entered: 06/02/2017)
2017-06-2746NOTICE OF SUBSTITUTION OF COUNSEL by Shanna Laura Cronin on behalf of All Defendants Substituting for attorney Derrick Grace (Cronin, Shanna) (Entered: 06/27/2017)
2017-06-2947Joint STATUS REPORT [PROPOSED] JOINT SCHEDULE FOR DOCUMENT PRODUCTION AND FURTHER PROCEEDINGS by FRIENDS OF THE RIVER. (Sproul, Christopher) (Entered: 06/29/2017)
2017-06-29MINUTE ORDER. It is hereby ORDERED that the search parameters and production schedule set out in the parties' 47 Joint Status Report is ADOPTED, and that the parties shall file a further Joint Status Report on or before 9/8/2017, which shall include a proposed deadline for submission of a Vaughn Index and a proposed schedule for further proceedings if litigation is going to be necessary. Signed by Judge Ketanji Brown Jackson on 06/29/2017. (lckbj1, ) (Entered: 06/29/2017)
2017-09-0648STIPULATION and proposed order to modify document production schedule by FRIENDS OF THE RIVER. (Weisselberg, Patricia) (Entered: 09/06/2017)
2017-09-07MINUTE ORDER. Pending before the Court is a 48 Stipulation and Proposed Order to Modify Schedule for Document Production that the parties have filed, which purports to extend the document production schedule that this Court has ordered in the instant case. The Court will once again refer the parties to it 23 General Order and Guidelines, and in particular Section 5(b), which states that "[t]he Court will not entertain or honor stipulations for extension of time. Instead, counsel seeking an extension of a deadline shall file a written motion at least two (2) business days prior to the expiration of the deadline that includes" specific information. The Court also directs the parties to Section 5(f), which provides that, "[t]he parties may not stipulate to extended deadlines, stays, or other matters altering the timing of the litigation or any other order of the Court[,]" and further instructs that, "[i]f the parties desire for this Court to sign any [] stipulation or enter an order approving it, they must file a motion making that request." Should the parties desire an extension of any deadlines that this Court has ordered, it must make such a request in a motion that complies with the Local Rules for the District of Columbia and this Court's General Order and Guidelines. Signed by Judge Ketanji Brown Jackson on 09/07/2017. (lckbj1) (Entered: 09/07/2017)
2017-09-0749Joint MOTION for Extension of Time to Modify Production Schedule by UNITED STATES ARMY CORPS OF ENGINEERS (Cronin, Shanna) (Entered: 09/07/2017)
2017-09-0850Joint STATUS REPORT by UNITED STATES ARMY CORPS OF ENGINEERS. (Cronin, Shanna) (Entered: 09/08/2017)
2017-09-12MINUTE ORDER granting, for good cause shown, 49 Consent Motion to Modify Schedule for Document Production, nunc pro tunc. It is hereby ORDERED that the document production deadlines that this Court previously set are amended as follows: Defendants shall produce all documents from Los Angeles District for FOIA 2 and FOIA 4 on or before 8/31/2017, and Defendants shall complete consultation with FWS and turn over the remaining two sets of documents on or before 9/19/2017. Signed by Judge Ketanji Brown Jackson on 09/12/2017. (lckbj1) (Entered: 09/12/2017)
2017-09-12MINUTE ORDER. Based on the representations in the parties' 50 Joint Status Report, and in light of the fact that inter-agency coordination and document production is ongoing, it is hereby ORDERED that the parties shall submit a further joint status report on or before 11/1/2017. The Court will entertain a proposed schedule for submission of a Vaughn Index and summary judgment briefing at that time, provided that document production is complete. Signed by Judge Ketanji Brown Jackson on 09/12/2017. (lckbj1) (Entered: 09/12/2017)
2017-11-0151Joint STATUS REPORT by FRIENDS OF THE RIVER. (Weisselberg, Patricia) (Entered: 11/01/2017)
2017-11-08MINUTE ORDER adopting the parties' joint proposed briefing schedule. It is hereby ORDERED that the following deadlines for briefing summary judgment are set: Plaintiff's motion for summary judgment is due on or before 12/22/2017; Defendants' consolidated opposition and cross-motion for summary judgment is due on or before 1/22/2018; Plaintiff's consolidated reply and cross-motion opposition is due on or before 2/5/2018; Defendants' cross-motion reply is due on or before 2/12/2018. Signed by Judge Ketanji Brown Jackson on 11/8/2017. (lckbj1) (Entered: 11/08/2017)
2017-12-2252MOTION for Summary Judgment by FRIENDS OF THE RIVER (Attachments: # 1 Declaration, # 2 Statement of Facts, # 3 Exhibit 30, # 4 Exhibit 31, # 5 Exhibit 32, # 6 Exhibit 33, # 7 Exhibit 34, # 8 Exhibit 35, # 9 Exhibit 36, # 10 Exhibit 37, # 11 Exhibit 38, # 12 Exhibit 39, # 13 Exhibit 40, # 14 Exhibit 41, # 15 Exhibit 42, # 16 Exhibit 43, # 17 Exhibit 44, # 18 Exhibit 45, # 19 Exhibit 46, # 20 Exhibit 47, # 21 Exhibit 48, # 22 Exhibit 49, # 23 Exhibit 50, # 24 Exhibit 51, # 25 Text of Proposed Order, # 26 index of exhibits)(Weisselberg, Patricia) (Entered: 12/22/2017)
2018-01-1853Consent MOTION for Extension of Time to File Response/Reply to MSJ by TODD T. SEMONITE, UNITED STATES ARMY CORPS OF ENGINEERS (Cronin, Shanna) (Entered: 01/18/2018)
2018-01-23MINUTE ORDER granting, for good cause shown, 53 Consent Motion for Extension of Time to File Response re 52 Motion for Summary Judgment, nunc pro tunc. It is hereby ORDERED that the briefing deadlines in this matter are amended as follows: Defendants' consolidated opposition and cross-motion for summary judgment is due on or before 2/6/2018; Plaintiff's consolidated reply and cross-motion opposition is due on or before 2/20/2018; Defendants' cross-motion reply is due on or before 2/27/2018. Signed by Judge Ketanji Brown Jackson on 1/23/2018. (lckbj1) (Entered: 01/23/2018)
2018-02-0654Cross MOTION for Summary Judgment and Opp to MSJ by TODD T. SEMONITE, UNITED STATES ARMY CORPS OF ENGINEERS (Attachments: # 1 Statement of Facts Resp. to Pl Facts, # 2 Statement of Facts Defendants SOMF, # 3 Declaration Ex A, # 4 Declaration Ex B, # 5 Declaration Ex C, # 6 Declaration Ex D, # 7 Exhibit Ex 1 to D, # 8 Declaration Ex E, # 9 Declaration Ex F, # 10 Exhibit Ex G, # 11 Exhibit Ex H)(Cronin, Shanna) (Entered: 02/06/2018)
2018-02-0655Memorandum in opposition to re 52 MOTION for Summary Judgment filed by TODD T. SEMONITE, UNITED STATES ARMY CORPS OF ENGINEERS. (See Docket Entry 54 to view document). (znmw) (Entered: 02/07/2018)
2018-02-2056REPLY to opposition to motion re 52 MOTION for Summary Judgment filed by FRIENDS OF THE RIVER. (Attachments: # 1 Response to Defendants' Statement of Material Facts Not in Dispute, # 2 Reply Declaration of Patricia Linn, # 3 Ex. 52, # 4 Ex. 53, # 5 Ex. 54, # 6 Proposed Order, # 7 Index of Exhibits)(Weisselberg, Patricia) (Entered: 02/20/2018)
2018-02-2057Memorandum in opposition to re 54 Cross MOTION for Summary Judgment and Opp to MSJ filed by FRIENDS OF THE RIVER. (See Docket Entry 56 to view document). (znmw) (Entered: 02/21/2018)
2018-02-2758REPLY to opposition to motion re 54 Cross MOTION for Summary Judgment and Opp to MSJ , 52 MOTION for Summary Judgment filed by TODD T. SEMONITE, UNITED STATES ARMY CORPS OF ENGINEERS. (Cronin, Shanna) (Entered: 02/27/2018)
2018-05-0859NOTICE OF SUBSTITUTION OF COUNSEL by Jeremy Allen Haugh on behalf of TODD T. SEMONITE, UNITED STATES ARMY CORPS OF ENGINEERS Substituting for attorney Shanna Cronin (Haugh, Jeremy) (Entered: 05/08/2018)
2018-06-1860NOTICE OF SUPPLEMENTAL AUTHORITY by FRIENDS OF THE RIVER (Attachments: # 1 Exhibit 1)(Weisselberg, Patricia) (Entered: 06/18/2018)
2018-11-2161NOTICE OF SUPPLEMENTAL AUTHORITY by FRIENDS OF THE RIVER (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Weisselberg, Patricia) (Entered: 11/21/2018)
2018-12-1462NOTICE OF SUBSTITUTION OF COUNSEL by Roberto Cesar Martens, Jr on behalf of All Defendants Substituting for attorney Jeremy A. Haugh (Martens, Roberto) (Entered: 12/14/2018)
2019-05-3163NOTICE OF SUPPLEMENTAL AUTHORITY by FRIENDS OF THE RIVER (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5)(Weisselberg, Patricia) (Entered: 05/31/2019)
2019-06-24MINUTE ORDER. It is hereby ORDERED that a motion hearing is set on the parties' cross-motions for summary judgment for Thursday, August 22, 2019, at 02:30 PM in Courtroom 17 before Judge Ketanji Brown Jackson. Signed by Judge Ketanji Brown Jackson on 6/24/2019. (lckbj2) (Entered: 06/24/2019)
2019-07-2764NOTICE OF SUBSTITUTION OF COUNSEL by Jeremy Allen Haugh on behalf of TODD T. SEMONITE, UNITED STATES ARMY CORPS OF ENGINEERS Substituting for attorney Roberto Martens (Haugh, Jeremy) (Entered: 07/27/2019)
2019-08-2065NOTICE of Telephonic Appearance by FRIENDS OF THE RIVER (Ferster, Andrea) (Entered: 08/20/2019)
2019-08-22Minute Entry for Motion Hearing proceedings held before Judge Ketanji Brown Jackson on 8/22/2019, re 52 MOTION for Summary Judgment, and 54 Cross MOTION for Summary Judgment. Oral arguments heard and motions taken under advisement. Oral Ruling set for 9/17/2019 at 2:30 PM in Courtroom 17 before Judge Ketanji Brown Jackson. (Court Reporter: Nancy Meyer) (zgdf) (Entered: 08/23/2019)
2019-09-1566NOTICE of Telephonic Appearance by FRIENDS OF THE RIVER (Weisselberg, Patricia) (Entered: 09/15/2019)
2019-09-17Minute Entry for Motion Hearing proceedings held on 9/17/2019 before Judge Ketanji Brown Jackson. Oral order granting in part and denying in part 52 Motion for Summary Judgment; denying 54 Motion for Summary Judgment. For the reasons stated on the record in open court. Scheduling order forthcoming via Chambers. (Court Reporter Nancy Meyer.) (ztl) (Entered: 09/18/2019)
2019-09-18MINUTE ORDER. In light of this Court's ruling on the parties' cross-motions for summary judgment (see Min. Entry of Sept. 17, 2019), it is hereby ORDERED that the parties shall file, on or before October 2, 2019, a joint proposed schedule for document production and further proceedings. Signed by Judge Ketanji Brown Jackson on 9/18/2019. (lckbj2) (Entered: 09/18/2019)
2019-10-0267NOTICE of Filing [Proposed] Joint Schedule for Document Production and Further Proceedings by TODD T. SEMONITE, UNITED STATES ARMY CORPS OF ENGINEERS (Haugh, Jeremy) (Entered: 10/02/2019)
2019-10-0768SUPERSEDING GENERAL ORDER AND GUIDELINES FOR FOIA CASES ASSIGNED TO JUDGE KETANJI BROWN JACKSON. This Order supersedes this Court's prior 23 General Order and Guidelines for Civil Cases. The Court will hold the parties and counsel responsible for following these amended directives, and parties and counsel should pay particular attention to the Court's instructions for processing and production of records, batching motions, and filing exhibits. Failure to adhere to this Order may, when appropriate, result the imposition of sanctions and/or sua sponte denial of non-conforming motions. Signed by Judge Ketanji Brown Jackson on 10/7/2019. (jag) (Entered: 10/07/2019)
2019-10-0769ORDER setting schedule for processing and production of records. Proposed Schedule due on or before 12/6/2019. Signed by Judge Ketanji Brown Jackson on 10/7/2019. (jag) (Entered: 10/07/2019)
2019-11-2270MOTION for Extension of Time to File Final Vaughn Index by TODD T. SEMONITE, UNITED STATES ARMY CORPS OF ENGINEERS (Attachments: # 1 Text of Proposed Order)(Haugh, Jeremy) (Entered: 11/22/2019)
2019-11-2571Memorandum in opposition to re 70 MOTION for Extension of Time to File Final Vaughn Index filed by FRIENDS OF THE RIVER. (Attachments: # 1 Ex. 1, # 2 Ex. 2, # 3 Proposed Order, # 4 Index of exhibits)(Weisselberg, Patricia) (Entered: 11/25/2019)
2019-12-0672PROPOSED BRIEFING SCHEDULE re 69 Order, Set Deadlines by TODD T. SEMONITE, UNITED STATES ARMY CORPS OF ENGINEERS. (Haugh, Jeremy) (Entered: 12/06/2019)
2019-12-09MINUTE ORDER granting. for good cause shown, 70 Opposed Motion for Extension of Time to 12/6/2019 to Provide Vaughn index, nunc pro tunc. Signed by Judge Ketanji Brown Jackson on 12/9/2019. (jag) (Entered: 12/09/2019)
2019-12-13MINUTE ORDER setting briefing schedule for summary judgment: Plaintiff shall file its Amended Complaint on or before 12/13/2019; Defendant shall answer the Amended Complaint on or before 12/20/2019; Defendant's Motion for Summary Judgment shall be served on or before 2/3/2020; Plaintiff's Opposition and Cross-Motion for Summary Judgment shall be served on or before 3/2/2020; Defendant's Reply and Cross-Motion Opposition shall be served on or before 3/16/2020; Plaintiff's Cross-Motion Reply shall be served on or before 3/30/2020; briefs shall be filed as a batch within three (3) business days of the service of the last reply brief authorized by this Minute Order, but in any event no later than the Final Filing Deadline of 5/8/2020. Signed by Judge Ketanji Brown Jackson on 12/13/2019. (jag) (Entered: 12/13/2019)
2019-12-1373AMENDED COMPLAINT against All Defendants filed by FRIENDS OF THE RIVER.(Linn, Patricia) (Entered: 12/13/2019)
2019-12-2074ANSWER to 73 Amended Complaint by TODD T. SEMONITE, UNITED STATES ARMY CORPS OF ENGINEERS.(Haugh, Jeremy) (Entered: 12/20/2019)
2020-02-0375NOTICE of Service by TODD T. SEMONITE, UNITED STATES ARMY CORPS OF ENGINEERS (Attachments: # 1 Exhibit Motion for Summary Judgment, # 2 Exhibit Memorandum of Law In Support of Motion for Summary Judgment, # 3 Exhibit Statement of Material Facts Not in Dispute, # 4 Exhibit Carden Decl., # 5 Exhibit Fuentes Decl., # 6 Exhibit Hansberry Decl.)(Haugh, Jeremy) (Entered: 02/03/2020)
2020-03-0276NOTICE of Service by FRIENDS OF THE RIVER (Linn, Patricia) (Entered: 03/02/2020)
2020-03-1677NOTICE of Service by TODD T. SEMONITE, UNITED STATES ARMY CORPS OF ENGINEERS (Attachments: # 1 Exhibit Table of Contents and Table of Authorities, # 2 Exhibit Defendants' Response to Plaintiff's Statement of Material Facts, # 3 Exhibit Fuentes Supp. Decl.)(Haugh, Jeremy) (Entered: 03/16/2020)
2020-03-3078NOTICE of Service by FRIENDS OF THE RIVER (Linn, Patricia) (Entered: 03/30/2020)
2020-04-0179MOTION for Summary Judgment by TODD T. SEMONITE, UNITED STATES ARMY CORPS OF ENGINEERS (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Declaration Carden Decl., # 4 Declaration Fuentes Decl., # 5 Declaration Hansberry Decl.)(Haugh, Jeremy) (Entered: 04/01/2020)
2020-04-0180Cross MOTION for Summary Judgment < by FRIENDS OF THE RIVER (Attachments: # 1 Response to Defendants' Statement of Undisputed Material Facts, # 2 Proposed Order, # 3 Statement of Undisputed Material Facts, # 4 Declaration of Patricia Linn)(Linn, Patricia) . (Entered: 04/01/2020)
2020-04-0181Memorandum in opposition to re 80 Cross MOTION for Summary Judgment and Opposition filed by TODD T. SEMONITE, UNITED STATES ARMY CORPS OF ENGINEERS. (Attachments: # 1 Statement of Facts Response to Plaintiff's Statement of Material Facts, # 2 Declaration Fuentes Suppl. Decl.)(Haugh, Jeremy) (Entered: 04/01/2020)
2020-04-0182REPLY to opposition re 79 MOTION for Summary Judgment filed by TODD T. SEMONITE, UNITED STATES ARMY CORPS OF ENGINEERS. (Haugh, Jeremy) (Entered: 04/01/2020)
2020-04-0183REPLY to opposition to motion re 80 Cross MOTION for Summary Judgment and Opposition filed by FRIENDS OF THE RIVER. (Attachments: # 1 Supplemental Declaration of Patricia Linn, # 2 Index of Exhibits, # 3 Ex. 1, # 4 Ex. 2, # 5 Ex. 3, # 6 Ex. 4, # 7 Ex. 5, # 8 Ex. 6, # 9 Ex. 7, # 10 Ex. 8, # 11 Ex. 9, # 12 Ex. 10, # 13 Ex. 11, # 14 Ex. 12, # 15 Ex. 13, # 16 Ex. 14, # 17 Ex. 15, # 18 Ex. 16, # 19 Ex. 17, # 20 proposed order)(Linn, Patricia) (Entered: 04/01/2020)
2020-04-0184Memorandum in opposition to re 79 MOTION for Summary Judgment filed by FRIENDS OF THE RIVER. (Linn, Patricia) (Entered: 04/01/2020)
2021-01-1285NOTICE OF SUBSTITUTION OF COUNSEL by Sean Patrick Mahard on behalf of TODD T. SEMONITE, UNITED STATES ARMY CORPS OF ENGINEERS Substituting for attorney Jeremy A. Haugh (Mahard, Sean) (Entered: 01/12/2021)
2021-03-31MINUTE ORDER. Pending before this Court are Defendants' 79 Motion for Summary Judgment and Plaintiff's 80 Cross-Motion for Summary Judgment, which pertain to several legal disputes, including (1) whether Defendants have adequately explained why disclosure of the withheld records would foreseeably harm an interest protected by FOIA's Exemption 5, see 5 U.S.C. § 552(a)(8)(A)(i)(I), and (2) whether Defendants have adequately established that the records withheld under the deliberative-process privilege are predecisional and deliberative, see 5 U.S.C. § 552(b)(5). It is hereby ORDERED that the parties shall file supplemental briefs addressing the import, if any, of the D.C. Circuit's decision in Machado Amadis v. U.S. Dep't of State , 971 F.3d 364 (D.C. Cir. 2020), and the Supreme Court's decision in U.S. Fish & Wildlife Service v. Sierra Club, Inc. , 141 S. Ct. 777 (2021), on the parties' arguments concerning these issues. The parties' supplemental briefs shall be filed on or before April 14, 2021, and shall be no longer than 10 pages. Additionally, it is hereby ORDERED that if the parties choose to file a response to the other side's supplemental brief, any such responses shall be filed on or before April 28, 2021, and shall be no longer than 10 pages. It is FURTHER ORDERED that this matter is administratively STAYED pending review of the parties' submissions in response to this Order. Signed by Judge Ketanji Brown Jackson on 03/31/2021. (lckbj2) (Entered: 03/31/2021)
2021-04-1486SUPPLEMENTAL MEMORANDUM re 80 Cross MOTION for Summary Judgment filed by FRIENDS OF THE RIVER by FRIENDS OF THE RIVER. (Linn, Patricia) Modified event title on 4/15/2021 (znmw). (Entered: 04/14/2021)
2021-04-1487SUPPLEMENTAL MEMORANDUM to re 79 MOTION for Summary Judgment filed by TODD T. SEMONITE, UNITED STATES ARMY CORPS OF ENGINEERS. (Mahard, Sean) (Entered: 04/14/2021)
2021-04-2888RESPONSE to Defendants' 87 SUPPLEMENTAL MEMORANDUM to re 79 MOTION for Summary Judgment filed by FRIENDS OF THE RIVER. (Linn, Patricia) Modified on 4/29/2021 to add docket link (zjf). (Entered: 04/28/2021)
2021-06-1489NOTICE OF SUBSTITUTION OF COUNSEL by Jessica B. Colsia on behalf of All Defendants Substituting for attorney Sean Mahard (Colsia, Jessica) (Entered: 06/14/2021)
2021-06-28Judge Ketanji Brown Jackson has been elevated to serve on the U.S. Court of Appeals for the D.C. Circuit. She is therefore no longer assigned to this case, and this matter has been reassigned to the Calendar Committee, which will oversee it until it is assigned to another district judge. Any questions should be directed to Judge Jackson's former deputy clerk, Gwendolyn Franklin, at 202-354-3145 or gwen_franklin@dcd.uscourts.gov. (rj) (Entered: 06/28/2021)
2021-11-15Case directly reassigned to Judge Jia M. Cobb. Judge Ketanji Brown Jackson has been appointed to the D.C. Circuit and is no longer assigned to the case. (rj) (Entered: 11/15/2021)
2022-05-0290NOTICE OF SUBSTITUTION OF COUNSEL by John Haberland on behalf of TODD T. SEMONITE, UNITED STATES ARMY CORPS OF ENGINEERS Substituting for attorney Jessica Colsia (Haberland, John) (Entered: 05/02/2022)
2022-05-1691NOTICE OF SUPPLEMENTAL AUTHORITY by FRIENDS OF THE RIVER (Linn, Patricia) (Entered: 05/16/2022)
2023-02-2892MOTION to Expedite Case Resolution by FRIENDS OF THE RIVER. (Attachments: # 1 Declaration of Christopher Sproul in support of motion to expedite, # 2 Exhibit 1 to Sproul Declaration, # 3 Exhibit 2 to Sproul Declaration)(Sproul, Christopher). Added MOTION to Lift Stay on 3/1/2023 (znmw). (Entered: 02/28/2023)
2023-04-2193NOTICE of Non-Opposition to Plaintiff's Request to Lift Stay and for Expedited Resolution of This Case and Request for Prompt Ruling by FRIENDS OF THE RIVER re 92 Motion to Expedite,, Motion to Lift Stay, (Sproul, Christopher) (Entered: 04/21/2023)
2023-06-0794MOTION for Telephone Conference by FRIENDS OF THE RIVER. (Sproul, Christopher) (Entered: 06/07/2023)
2023-06-0795NOTICE OF SUBSTITUTION OF COUNSEL by Patrick Doyle on behalf of TODD T. SEMONITE, UNITED STATES ARMY CORPS OF ENGINEERS Substituting for attorney John Haberland (Doyle, Patrick) (Entered: 06/07/2023)
2023-06-08MINUTE ORDER granting 94 Motion for Telephone Conference: The Parties are ORDERED to appear for a telephonic hearing on June 20, 2023, at 11:00 AM. The Court will reach out to the Parties with the information necessary to access the call. Signed by Judge Jia M. Cobb on June 8, 2023. (lcjmc3) (Entered: 06/08/2023)
2023-06-16MINUTE ORDER. The hearing scheduled for June 20, 2023, is hereby VACATED. Signed by Judge Jia M. Cobb on June 16, 2023. (lcjmc3) (Entered: 06/16/2023)
2023-06-2196MEMORANDUM AND OPINION re 79 Motion for Summary Judgment and 80 Cross-Motion for Summary Judgment. See document for details. Signed by Judge Jia M. Cobb on June 21, 2023. (lcjmc3) (Entered: 06/21/2023)
2023-06-2197ORDER granting in part and denying in part 79 Motion for Summary Judgment, and granting in part and denying in part 80 Cross-Motion for Summary Judgment. See document for details. Signed by Judge Jia M. Cobb on June 21, 2023. (lcjmc3) (Entered: 06/21/2023)
2023-06-21MINUTE ORDER re 92 Motion to Expediate Case Resolution and 92 Motion to Lift Stay: The Court ORDERS that the Motion to Expediate Case Resolution is DISMISSED AS MOOT. The Court further ORDERS that the case is no longer stayed. Signed by Judge Jia M. Cobb on June 21, 2023. (lcjmc3) (Entered: 06/21/2023)
2023-06-21MINUTE ORDER. The Parties are ordered to confer and submit by July 7, 2023, a joint proposed schedule for the production of documents, as required by the Memorandum Opinion 96 and Order 97 . Should the Parties be unable to agree on a joint schedule, the Parties will each include a brief description of their proposed schedule in the report. After that, the Parties are ORDERED to submit joint status reports every 60 days, updating the Court on the progress of the case. Signed by Judge Jia M. Cobb on June 21, 2023. (lcjmc3) (Entered: 06/21/2023)
2023-06-2998Consent MOTION for Extension of Time to move for attorneys fees and costs by FRIENDS OF THE RIVER. (Linn, Patricia) (Entered: 06/29/2023)
2023-06-30MINUTE ORDER re 98 Consent Motion for Extension of Time: Having considered the motion and for good cause shown, the Court GRANTS the motion. The Court ORDERS that the deadline for Plaintiff's motion for attorneys fees and costs is now September 8, 2023. Signed by Judge Jia M. Cobb on June 30, 2023. (lcjmc3) (Entered: 06/30/2023)
2023-07-0799Joint STATUS REPORT by UNITED STATES ARMY CORPS OF ENGINEERS. (Doyle, Patrick) (Entered: 07/07/2023)
2023-07-08MINUTE ORDER re 99 Joint Status Report: The Court has reviewed the Joint Status Report and adopts the schedule requested by the Parties. The Parties are ORDERED to submit a joint status report by September 19, 2023. If document production is not complete by that date, the Parties are ORDERED to submit a second joint status report by October 19, 2023. Plaintiff is ORDERED to file a notice by November 17, 2023, to confirm that the Corps has complied with the Court's Order 97 . Signed by Judge Jia M. Cobb on July 8, 2023. (lcjmc3) (Entered: 07/08/2023)
2023-07-11Set/Reset Deadlines: Motion for attorneys fees due by 9/8/2023. (zgf) (Entered: 07/11/2023)
2023-08-24100Consent MOTION for Extension of Time to move for attorneys' fees and costs by FRIENDS OF THE RIVER. (Linn, Patricia) (Entered: 08/24/2023)
2023-08-24MINUTE ORDER re 100 Consent Motion for Extension of Time: Having considered the motion and for good cause shown, the Court GRANTS the motion. The Court ORDERS that the deadline for Plaintiff's motion for attorney's fees and costs is now October 9, 2023. Signed by Judge Jia M. Cobb on August 24, 2023. (lcjmc3) (Entered: 08/24/2023)
2023-09-05101Consent MOTION for Extension of Time to File Joint Status Report by UNITED STATES ARMY CORPS OF ENGINEERS. (Attachments: # 1 Text of Proposed Order)(Doyle, Patrick) (Entered: 09/05/2023)
2023-09-06MINUTE ORDER granting 101 Consent Motion for Extension of Time to File: It is hereby ORDERED that the Parties' next joint status report is due by September 19, 2023, and that subsequent joint status reports shall be filed every 60 days thereafter. Signed by Judge Jia M. Cobb on September 6, 2023. (lcjmc1) (Entered: 09/06/2023)
2023-09-19102Joint STATUS REPORT by UNITED STATES ARMY CORPS OF ENGINEERS. (Attachments: # 1 Text of Proposed Order)(Doyle, Patrick) (Entered: 09/19/2023)
2023-09-27103Consent MOTION for Extension of Time to move for attorneys' fees and costs by FRIENDS OF THE RIVER. (Linn, Patricia) (Entered: 09/27/2023)
2023-09-27MINUTE ORDER granting 103 Motion for Extension of Time: upon consideration of the Consent Motion and finding good cause, the Motion is GRANTED. The Court ORDERS that the deadline for Plaintiff's motion for attorney's fees and costs is now November 13, 2023. Signed by Judge Jia M. Cobb on September 27, 2023. (lcjmc3) (Entered: 09/27/2023)
2023-10-19104Joint STATUS REPORT by UNITED STATES ARMY CORPS OF ENGINEERS. (Attachments: # 1 Text of Proposed Order, # 2 Declaration, # 3 Declaration, # 4 Declaration)(Doyle, Patrick) (Entered: 10/19/2023)
2023-11-09105NOTICE of Appearance by Stuart Wilcox on behalf of FRIENDS OF THE RIVER (Wilcox, Stuart) (Entered: 11/09/2023)
2023-11-13106MOTION for Attorney Fees by FRIENDS OF THE RIVER. (Attachments: # 1 Memorandum of Points and Authorities, # 2 Declaration of Patricia Linn, # 3 Ex. 1 to Linn Declaration)(Linn, Patricia) (Entered: 11/13/2023)
2023-11-13107DECLARATION of Stuart Wilcox by FRIENDS OF THE RIVER re 106 MOTION for Attorney Fees . (Attachments: # 1 Exhibit 1 to Declaration of Stuart Wilcox)(Wilcox, Stuart) (Entered: 11/13/2023)
2023-11-13108MOTION for Attorney Fees Sproul Declaration in Support of Motion by FRIENDS OF THE RIVER. (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)(Sproul, Christopher) Modified docket text on 11/14/2023 (znmw). (Entered: 11/13/2023)
2023-11-13109DECLARATION re 108 MOTION for Attorney Fees Schmidt Declaration in Support of Motion for Attorneys Fees by FRIENDS OF THE RIVER. (Sproul, Christopher) Modified event title on 11/14/2023 (znmw). (Entered: 11/13/2023)
2023-11-16110NOTICE re 97 Order confirming Defendant's compliance with Court's Order by FRIENDS OF THE RIVER (Linn, Patricia) Modified to add link on 11/17/2023 (znmw). (Entered: 11/16/2023)
2023-11-17111Joint STATUS REPORT by UNITED STATES ARMY CORPS OF ENGINEERS. (Attachments: # 1 Text of Proposed Order)(Doyle, Patrick) (Entered: 11/17/2023)
2023-11-20112MOTION for Extension of Time to File Response/Reply as to 106 MOTION for Attorney Fees by UNITED STATES ARMY CORPS OF ENGINEERS. (Attachments: # 1 Text of Proposed Order)(Doyle, Patrick) (Entered: 11/20/2023)
2023-11-20113NOTICE of Proposed order re 106 MOTION for Attorney Fees Proposed Order by FRIENDS OF THE RIVER. (Linn, Patricia) Modified event title on 11/21/2023 (znmw). (Entered: 11/20/2023)
2023-11-21114RESPONSE re 112 MOTION for Extension of Time to File Response/Reply as to 106 MOTION for Attorney Fees filed by FRIENDS OF THE RIVER. (Linn, Patricia) (Entered: 11/21/2023)
2023-11-21MINUTE ORDER granting 112 Motion for Extension of Time: Having considered Defendants' motion, and Plaintiff's response, the Court finds good cause exists and thereby GRANTS the motion. Although the Court agrees with Plaintiff that this request could have come earlier, that alone is not a basis to deny the motion, especially considering that the Court has previously granted Plaintiff's request for an extension. The Court also observes that had Defendants--at the time the Court set the briefing schedule--requested additional time due to the holidays, the Court would have granted the request, particularly in light of the length and scope of Plaintiff's motion. However, to balance Plaintiff's concerns regarding delay with the Court's finding that the requested extension is appropriate, the Court will not further extend this deadline absent unforeseen circumstances. Defendants' Response to Plaintiff's Motion for Fees is due January 26, 2024. Signed by Judge Jia M. Cobb on November 21, 2023. (lcjmc3) (Entered: 11/21/2023)
2023-11-21MINUTE ORDER: By December 5, 2023, the Parties are DIRECTED to file a joint status report indicating whether the Parties mutually agree to have the case referred to either a Magistrate Judge or the Circuit Executive's Mediation Program to mediate Plaintiff's request for attorneys' fees and costs in this case. Signed by Judge Jia M. Cobb on November 21, 2023. (lcjmc3) (Entered: 11/21/2023)
2023-12-05115Joint STATUS REPORT by UNITED STATES ARMY CORPS OF ENGINEERS. (Doyle, Patrick) (Entered: 12/05/2023)
2024-01-26116RESPONSE re 106 MOTION for Attorney Fees filed by UNITED STATES ARMY CORPS OF ENGINEERS. (Attachments: # 1 Text of Proposed Order, # 2 Exhibit A, # 3 Exhibit B)(Doyle, Patrick) (Entered: 01/26/2024)
2024-02-02117REPLY to opposition to motion re 109 MOTION for Attorney Fees Schmidt Declaration in Support of Motion for Attorneys Fees , 108 MOTION for Attorney Fees Sproul Declaration in Support of Motion , 106 MOTION for Attorney Fees filed by FRIENDS OF THE RIVER. (Attachments: # 1 Declaration of Patricia Linn, # 2 Exhibit 1 to Declaration of Patricia Linn, # 3 Declaration of Stuart Wilcox, # 4 Exhibit 1 to Declaration of Stuart Wilcox, # 5 Declaration of Christopher Sproul, # 6 Exhibit 1 to Declaration of Christopher Sproul, # 7 Exhibit 2 to Declaration of Christopher Sproul, # 8 Exhibit 3 to Declaration of Christopher Sproul, # 9 Exhibit 4 to Declaration of Christopher Sproul, # 10 Exhibit 5 to Declaration of Christopher Sproul, # 11 Exhibit 6 to Declaration of Christopher Sproul, # 12 Exhibit 7 to Declaration of Christopher Sproul, # 13 Exhibit 8 to Declaration of Christopher Sproul, # 14 Exhibit 9 to Declaration of Christopher Sproul, # 15 Exhibit 10 to Declaration of Christopher Sproul, # 16 Exhibit 11 to Declaration of Christopher Sproul, # 17 Text of Proposed Order (Revised))(Sproul, Christopher) (Entered: 02/02/2024)
Hide Docket Events
by FOIA Project Staff
Skip to toolbar