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Case TitleNATIONAL PARKS CONSERVATION ASSOCIATION v. UNITED STATES FOREST SERVICE
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2017cv00456
Date Filed2017-03-14
Date ClosedOpen
JudgeJudge Dabney L. Friedrich
PlaintiffNATIONAL PARKS CONSERVATION ASSOCIATION
Case DescriptionThe National Parks Conservation Association submitted a FOIA request to the U.S. Forest Service for records concerning environmental impact assessments of granting the Navy a special permit to operate three mobile emitters in the Olympic National Forest and other Forest Service land. The agency acknowledged the receipt, but after hearing nothing further from the agency, the National Parks Conservation Association filed suit.
Complaint issues: Failure to respond within statutory time limit

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

2017-03-141COMPLAINT against UNITED STATES FOREST SERVICE ( Filing fee $ 400 receipt number 0090-4875649) filed by NATIONAL PARKS CONSERVATION ASSOCIATION. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Certificate Rule 7.1)(Robertson, Nina) (Entered: 03/14/2017)
2017-03-142MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Thomas C. Buchele, :Firm- Eathrise Law Center, :Address- 10015 SW Terwilliger Blvd. Portland, OR 97219. Phone No. - 503-768-6643. Filing fee $ 100, receipt number 0090-4875654. Fee Status: Fee Paid. by NATIONAL PARKS CONSERVATION ASSOCIATION (Attachments: # 1 Declaration, # 2 Text of Proposed Order)(Robertson, Nina) (Entered: 03/14/2017)
2017-03-153LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by NATIONAL PARKS CONSERVATION ASSOCIATION. (md) (Entered: 03/15/2017)
2017-03-15Case Assigned to Chief Judge Beryl A. Howell. (md) (Entered: 03/15/2017)
2017-03-154SUMMONS (3) Issued Electronically as to UNITED STATES FOREST SERVICE, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice of Consent) (md) (Entered: 03/15/2017)
2017-03-165STANDING ORDER. Signed by Chief Judge Beryl A. Howell on March 16, 2017. (lcbah2) (Entered: 03/16/2017)
2017-03-20MINUTE ORDER (paperless) GRANTING the plaintiff's 2 Motion for Admission of Attorney Pro Hac Vice . Thomas C. Buchele, Esq., may enter an appearance pro hac vice for the purpose of representing the plaintiff in this action. Signed by Chief Judge Beryl A. Howell on March 20, 2017. (lcbah2) (Entered: 03/20/2017)
2017-04-216NOTICE of Appearance by Marsha Wellknown Yee on behalf of UNITED STATES FOREST SERVICE (Yee, Marsha) (Entered: 04/21/2017)
2017-04-217MOTION for Extension of Time to File Defendant's Response to Plaintiff's Complaint by UNITED STATES FOREST SERVICE (Attachments: # 1 Text of Proposed Order)(Yee, Marsha) (Entered: 04/21/2017)
2017-04-218RESPONSE re 7 MOTION for Extension of Time to File Defendant's Response to Plaintiff's Complaint filed by NATIONAL PARKS CONSERVATION ASSOCIATION. (Robertson, Nina) (Entered: 04/21/2017)
2017-04-24MINUTE ORDER (paperless) GRANTING the defendant's 7 Motion for Extension of Time to File Its Response to Plaintiff's Complaint. Accordingly, the defendant shall, by June 8, 2017, answer or otherwise respond to the plaintiff's 1 Complaint. Signed by Chief Judge Beryl A. Howell on April 24, 2017. (lcbah2) (Entered: 04/24/2017)
2017-04-25Set/Reset Deadlines : Defendant's Answer to Complaint due by 6/8/17. (kk) (Entered: 04/25/2017)
2017-06-079NOTICE of Appearance by Thomas C. Buchele on behalf of All Plaintiffs (Buchele, Thomas) (Entered: 06/07/2017)
2017-06-0810ANSWER to Complaint by UNITED STATES FOREST SERVICE.(Yee, Marsha) (Entered: 06/08/2017)
2017-06-2211Joint STATUS REPORT by UNITED STATES FOREST SERVICE. (Attachments: # 1 Text of Proposed Order)(Yee, Marsha) (Entered: 06/22/2017)
2017-06-23MINUTE ORDER (paperless) ISSUING the following SCHEDULING ORDER to control the timing of proceedings in this matter, upon consideration of the parties' 11 Joint Report: The defendant shall, by September 14, 2017, file any motion for summary judgment. The plaintiff shall, by October 16, 2017, file any opposition to the defendants' motion, as well as any cross-motion for summary judgment. The defendant shall, by November 15, 2017, file any reply in support of its motion for summary judgment, as well as any opposition to any cross-motion for summary judgment. The plaintiff shall, by December 15, 2017, file any reply in support of any cross-motion for summary judgment. Signed by Chief Judge Beryl A. Howell on June 23, 2017. (lcbah2) (Entered: 06/23/2017)
2017-06-23Set/Reset Deadlines: Summary Judgment motion due by 9/14/2017; Cross-Motion and Opposition to Motion for Summary Judgment due by 10/16/2017; Opposition to Cross-Motion and Reply to Opposition to Motion for Summary Judgment due by 11/15/2017; Reply to Opposition to Cross Motion due by 12/15/2017. (tg) (Entered: 06/23/2017)
2017-09-1412MOTION for Summary Judgment by UNITED STATES FOREST SERVICE (Attachments: # 1 Statement of Facts, # 2 Declaration Melani R. Gonzalez, # 3 Text of Proposed Order)(Yee, Marsha) (Entered: 09/14/2017)
2017-09-2613Unopposed MOTION for Extension of Time to File Combined Opposition to Defendant's Motion for Summary Judgment and Cross-Motion for Summary Judgment by NATIONAL PARKS CONSERVATION ASSOCIATION (Attachments: # 1 Text of Proposed Order)(Robertson, Nina) (Entered: 09/26/2017)
2017-09-27MINUTE ORDER (paperless) GRANTING the plaintiff's 13 Unopposed Motion for Extension of Time to File Plaintiff's Combined Opposition to Defendant's Motion for Summary Judgment and Cross Motion for Summary Judgment and ISSUING the following SCHEDULING ORDER to control further proceedings in this case: (1) by November 15, 2017, plaintiff shall file its combined opposition to defendant's 12 Motion for Summary Judgment and cross-motion for summary judgment; (2) by December 19, 2017, defendant shall file its combined opposition to plaintiff's cross-motion for summary judgment and its reply in support of its 12 Motion for Summary Judgment; and (3) by January 19, 2018, plaintiff shall file its reply in support of its cross-motion for summary judgment. Signed by Chief Judge Beryl A. Howell on September 27, 2017. (lcbah2) (Entered: 09/27/2017)
2017-09-29Set/Reset Deadlines: Cross-Motion and Opposition to Motion for Summary Judgment due by 11/15/2017; Opposition to Cross-Motion and Reply to Motion for Summary Judgment due by 12/19/2017; Reply to Opposition to Cross Motion due by 1/19/2018. (tg) (Entered: 09/29/2017)
2017-11-1514Cross MOTION for Summary Judgment by NATIONAL PARKS CONSERVATION ASSOCIATION (Attachments: # 1 Text of Proposed Order)(Robertson, Nina) (Entered: 11/15/2017)
2017-11-1515Memorandum in opposition to re 12 MOTION for Summary Judgment filed by NATIONAL PARKS CONSERVATION ASSOCIATION. (Attachments: # 1 Statement of Facts, # 2 Response to Defendant's Statement of Facts, # 3 Declaration Ryan Shannon, # 4 Declaration Rob Smith, # 5 Declaration Will Enoch, # 6 Text of Proposed Order)(Robertson, Nina) (Entered: 11/15/2017)
2017-11-1616NOTICE of Exhibits re 14 MOTION for Summary Judgment by NATIONAL PARKS CONSERVATION ASSOCIATION (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit O, # 15 Exhibit P, # 16 Exhibit Q, # 17 Exhibit R, # 18 Exhibit S, # 19 Exhibit T, # 20 Exhibit U, # 21 Exhibit V, # 22 Exhibit W, # 23 Exhibit X, # 24 Exhibit Y, # 25 Exhibit Z, # 26 Exhibit AA, # 27 Exhibit CC, # 28 Exhibit EE, # 29 Exhibit FF, # 30 Exhibit GG, # 31 Exhibit HH, # 32 Exhibit II, # 33 Exhibit JJ, # 34 Exhibit KK, # 35 Exhibit LL, # 36 Exhibit MM, # 37 Exhibit NN, # 38 Exhibit OO, # 39 Exhibit PP, # 40 Exhibit RR, # 41 Exhibit SS, # 42 Exhibit UU, # 43 Exhibit WW, # 44 Exhibit YY, # 45 Exhibit ZZ, # 46 Exhibit AAA, # 47 Exhibit DD)(Robertson, Nina) Modified on 11/16/2017 to correct text/event (zjf). (Entered: 11/16/2017)
2017-11-1617NOTICE of Exhibits re 14 MOTION for Summary Judgment by NATIONAL PARKS CONSERVATION ASSOCIATION (Attachments: # 1 Exhibit BB-1, # 2 Exhibit BB-2)(Robertson, Nina) Modified on 11/16/2017 to correct docket text/event (zjf). (Entered: 11/16/2017)
2017-11-1618ERRATA by NATIONAL PARKS CONSERVATION ASSOCIATION 16 MOTION for Summary Judgment attaching exhibits filed by NATIONAL PARKS CONSERVATION ASSOCIATION, 17 MOTION for Summary Judgment attaching exhibits filed by NATIONAL PARKS CONSERVATION ASSOCIATION. (Robertson, Nina) (Entered: 11/16/2017)
2017-12-04Case directly reassigned to Judge Dabney L. Friedrich. Chief Judge Beryl A. Howell is no longer assigned to the case. (ztnr) (Entered: 12/04/2017)
2017-12-1519MOTION for Extension of Time to File Defendant's Combined Reply in Further Support of its Motion for Summary Judgment and Opposition to Plaintiff's Cross-Motion for Summary Judgment by UNITED STATES FOREST SERVICE (Attachments: # 1 Declaration, # 2 Text of Proposed Order)(Yee, Marsha) (Entered: 12/15/2017)
2017-12-1820RESPONSE re 19 MOTION for Extension of Time to File Defendant's Combined Reply in Further Support of its Motion for Summary Judgment and Opposition to Plaintiff's Cross-Motion for Summary Judgment filed by NATIONAL PARKS CONSERVATION ASSOCIATION. (Attachments: # 1 Text of Proposed Order)(Robertson, Nina) (Entered: 12/18/2017)
2018-01-23MINUTE ORDER GRANTING 19 Defendant's Motion for Extension of Time to File Its Combined Reply, which seeks an extension until May 8, 2018 to file a combined reply in support of the defendant's motion for summary judgment and in opposition to the plaintiff's cross-motion for summary judgment. Although the plaintiff does not oppose the defendant's request for additional time, the plaintiff requests that the Court order the defendant to produce on or before February 27, 2018 any non-exempt responsive records located by the defendants supplemental search. See 20 Plaintiff's Response to Defendant's Motion for Extension of Time. The defendant has not objected to the plaintiff's request. The Court GRANTS the plaintiff's motion to set a February 27, 2018 due date for the production of non-exempt responsive records. To summarize, it is ORDERED that the defendant's combined reply brief shall be filed on or before May 8, 2018 and any non-exempt responsive records located during the defendant's supplemental search shall be produced on or before February 27, 2018. Signed by Judge Dabney L. Friedrich on January 23, 2018. (JK) (Entered: 01/23/2018)
2018-01-23Set/Reset Deadlines: Defendant's production of non-exempt responsive records located during the supplemental search due by 2/27/2018. Defendant's combined reply brief due by 5/8/2018. (JK) (Entered: 01/23/2018)
2018-03-0121NOTICE OF SUBSTITUTION OF COUNSEL by Nina Catherine Robertson on behalf of NATIONAL PARKS CONSERVATION ASSOCIATION Substituting for attorney Nina Robertson (Robertson, Nina) (Entered: 03/01/2018)
2018-05-0122Consent MOTION to Vacate Defendant's Filing Deadline for May 8, 2018 by UNITED STATES FOREST SERVICE (Attachments: # 1 Text of Proposed Order)(Yee, Marsha) (Entered: 05/01/2018)
2018-05-02MINUTE ORDER. Upon consideration of the 22 Consent Motion to Vacate Defendant's Filing Deadline for May 8, 2018, it is ORDERED that the motion is GRANTED. The parties shall file a joint status report on or before July 9, 2018. Signed by Judge Dabney L. Friedrich on May 2, 2018. (JK) (Entered: 05/02/2018)
2018-05-02Set/Reset Deadlines: Status Report due by 7/9/2018. (JK) (Entered: 05/02/2018)
2018-07-0923Joint STATUS REPORT by UNITED STATES FOREST SERVICE. (Yee, Marsha) (Entered: 07/09/2018)
2018-08-0624Joint STATUS REPORT by UNITED STATES FOREST SERVICE. (Yee, Marsha) (Entered: 08/06/2018)
2018-08-08MINUTE ORDER. Upon consideration of the parties' 24 Joint Status Report, which indicates that the substantive issues in this case have been resolved by the parties and the only remaining dispute involves attorneys' fees and costs, it is ORDERED that the defendant's pending 12 motion for summary judgment and the plaintiff's pending 14 cross motion for summary judgment are denied without prejudice. It is further ORDERED that the parties shall submit another joint status report on or before September 11, 2018. Signed by Judge Dabney L. Friedrich on August 8, 2018. (JK) (Entered: 08/08/2018)
2018-09-1125Joint STATUS REPORT by UNITED STATES FOREST SERVICE. (Yee, Marsha) (Entered: 09/11/2018)
2018-09-13MINUTE ORDER. Upon consideration of the parties' 25 Joint Status Report, it is ORDERED that the parties shall file another joint status report on or before October 2, 2018. Signed by Judge Dabney L. Friedrich on September 13, 2018. (JK) (Entered: 09/13/2018)
2018-10-0226Joint STATUS REPORT by UNITED STATES FOREST SERVICE. (Yee, Marsha) (Entered: 10/02/2018)
2018-10-02MINUTE ORDER. Upon consideration of the parties' 26 Joint Status Report, it is ORDERED that the parties shall file another joint status report on or before October 26, 2018, unless a stipulation of dismissal is filed prior to that date. Signed by Judge Dabney L. Friedrich on October 2, 2018. (JK) (Entered: 10/02/2018)
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by FOIA Project Staff
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