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Case TitleWILDEARTH GUARDIANS v. UNITED STATES OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2017cv00758
Date Filed2017-04-25
Date ClosedOpen
JudgeJudge Amit P. Mehta
PlaintiffWILDEARTH GUARDIANS
Case DescriptionWildlife Guardians submitted a FOIA request to the Office of Surface Mining Reclamation and Enforcement for records concerning the October 2016 approval of the Spring Creek mining plan issued to Cloud Peak Energy. The agency asked Wildlife Guardians if it could take more time because of staffing problems and Wildlife Guardians agreed to allow the agency to extend its deadline for responding. The agency provided a partial response containing 179 records. Wildlife Guardians appealed that decision. After hearing nothing further from the agency, Wildlife Guardians filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantUNITED STATES OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT
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

2017-04-251COMPLAINT against OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT ( Filing fee $ 400 receipt number 0090-4926969) filed by WILDEARTH GUARDIANS. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons, # 4 Summons)(Mellgren, John) (Entered: 04/25/2017)
2017-04-252MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Laura H. King, :Firm- Western Environmental Law Center, :Address- 103 Reeder's Alley, Helena, MT 59601. Phone No. - (406) 204-4852. Filing fee $ 100, receipt number 0090-4927142. Fee Status: Fee Paid. by WILDEARTH GUARDIANS (Attachments: # 1 Declaration, # 2 Text of Proposed Order)(Mellgren, John) (Entered: 04/25/2017)
2017-04-253MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Shiloh Hernandez, :Firm- Western Environmental Law Center, :Address- 103 Reeder's Alley, Helena, MT 59601. Phone No. - (406) 204-4861. Filing fee $ 100, receipt number 0090-4927164. Fee Status: Fee Paid. by WILDEARTH GUARDIANS (Attachments: # 1 Declaration, # 2 Text of Proposed Order)(Mellgren, John) (Entered: 04/25/2017)
2017-04-254Corporate Disclosure Statement by WILDEARTH GUARDIANS. (Mellgren, John) (Entered: 04/25/2017)
2017-04-25Case Assigned to Judge Amit P. Mehta. (sb) (Entered: 04/25/2017)
2017-04-255SUMMONS (3) Issued Electronically as to UNITED STATES OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Consent Form)(sb) (Entered: 04/25/2017)
2017-05-04MINUTE ORDER granting 2 Motion for Leave to Appear Pro Hac Vice. Attorney Laura H. King is hereby admitted pro hac vice to appear in this matter on behalf of Plaintiff. Signed by Judge Amit P. Mehta on 05/04/2017. (lcapm1) (Entered: 05/04/2017)
2017-05-04MINUTE ORDER granting 3 Motion for Leave to Appear Pro Hac Vice. Attorney Shiloh Hernandez is hereby admitted pro hac vice to appear in this matter on behalf of Plaintiff. Signed by Judge Amit P. Mehta on 05/04/2017. (lcapm1) (Entered: 05/04/2017)
2017-05-166RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney General (Attachments: # 1 Receipts of Service)(King, Laura) Modified on 5/17/2017 to correct docket event/text (jf). (Entered: 05/16/2017)
2017-05-167RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT served on 5/11/2017 (Attachments: # 1 Receipts of Service)(King, Laura) (Entered: 05/16/2017)
2017-05-168ENTERED IN ERROR.....RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the District of Columbia Attorney General. Date of Service Upon District of Columbia Attorney General 5/8/2017. Answer due for ALL D.C. DEFENDANTS by 5/29/2017. (Attachments: # 1 Receipts of Service)(King, Laura) Modified on 5/17/2017 (jf). (Entered: 05/16/2017)
2017-05-169RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 5/8/2017. Answer due for ALL FEDERAL DEFENDANTS by 6/7/2017. (jf) (Entered: 05/17/2017)
2017-06-0810NOTICE of Appearance by Marina Utgoff Braswell on behalf of UNITED STATES OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT (Braswell, Marina) (Entered: 06/08/2017)
2017-06-0811Unopposed MOTION for Extension of Time to File Response/Reply to Complaint by UNITED STATES OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT (Braswell, Marina) (Entered: 06/08/2017)
2017-06-09MINUTE ORDER granting Defendant's 11 Unopposed Motion for Extension of Time to File Response/Reply. Defendant shall file its responsive pleading on or before July 10, 2017. Signed by Judge Amit P. Mehta on 06/09/2017. (lcapm1) (Entered: 06/09/2017)
2017-06-09Set/Reset Deadlines: Defendant Responsive Pleading due by 7/10/2017. (mac) (Entered: 06/09/2017)
2017-07-1012ANSWER to Complaint by UNITED STATES OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT.(Braswell, Marina) (Entered: 07/10/2017)
2017-07-1213ORDER: Both a Complaint and an Answer are now before the court in this FOIA case. It is hereby ordered that the parties shall meet and confer and file a Joint Status Report on or before July 28, 2017. See the attached Order for additional details. Signed by Amit P. Mehta on 07/12/2017. (lcapm1) (Entered: 07/12/2017)
2017-07-12Set/Reset Deadlines/Hearings: Joint Status Report due by 7/28/2017. (cdw) (Entered: 07/13/2017)
2017-07-2814Joint STATUS REPORT by WILDEARTH GUARDIANS. (King, Laura) (Entered: 07/28/2017)
2017-08-01MINUTE ORDER: In light of the parties' 14 Joint Status Report, the court orders the parties to file another Joint Status Report on or before October 26, 2017. Signed by Judge Amit P. Mehta on 08/01/2017. (lcapm1) (Entered: 08/01/2017)
2017-08-01Set/Reset Deadlines/Hearings: Joint Status Report due by 10/26/2017. (zcdw) (Entered: 08/01/2017)
2017-10-2615Joint STATUS REPORT by WILDEARTH GUARDIANS. (Mellgren, John) (Entered: 10/26/2017)
2017-10-31MINUTE ORDER. Upon consideration of the parties' 15 October 26, 2017, Joint Status Report, the parties are directed to file another Joint Status Report, on or before December 15, 2017, that updates the court on their progress and, if necessary, proposes a briefing schedule for summary judgment. Signed by Judge Amit P. Mehta on 10/31/2017. (lcapm1) (Entered: 10/31/2017)
2017-10-31Set/Reset Deadlines/Hearings: Joint Status Report due by 12/15/2017. (zcdw) (Entered: 10/31/2017)
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by FOIA Project Staff