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Case TitleCENTER FOR BIOLOGICAL DIVERSITY v. U.S. DEPARTMENT OF THE INTERIOR et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2017cv00974
Date Filed2017-05-23
Date ClosedOpen
JudgeJudge Timothy J. Kelly
PlaintiffCENTER FOR BIOLOGICAL DIVERSITY
Case DescriptionThe Center for Biological Diversity submitted FOIA requests to the Department of the Interior, the EPA, the Department of Energy, and the Department of State for records concerning policies ordering the agencies to remove or keep information about climate change on their websites. The agencies acknowledged receipt of the requests, but after hearing nothing further from the agencies, the Center for Biological Diversity filed suit.
Complaint issues: Litigation - Attorney's fees, Failure to respond within statutory time limit

DefendantU.S. DEPARTMENT OF THE INTERIOR
DefendantU.S. ENVIRONMENTAL PROTECTION AGENCY
DefendantU.S. DEPARTMENT OF ENERGY
DefendantU.S. DEPARTMENT OF STATE
DefendantU.S. NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION
DefendantU.S. DEPARTMENT OF COMMERCE
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
Complaint attachment 7
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2017-05-231COMPLAINT against U.S. DEPARTMENT OF ENERGY, U.S. DEPARTMENT OF STATE, U.S. DEPARTMENT OF THE INTERIOR, U.S. ENVIRONMENTAL PROTECTION AGENCY ( Filing fee $ 400 receipt number 0090-4961916) filed by CENTER FOR BIOLOGICAL DIVERSITY. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Summons, # 6 Summons, # 7 Summons)(Atwood, Amy) (Entered: 05/23/2017)
2017-05-232Corporate Disclosure Statement by CENTER FOR BIOLOGICAL DIVERSITY. (Atwood, Amy) (Entered: 05/23/2017)
2017-05-23Case Assigned to Judge Ketanji Brown Jackson. (jd) (Entered: 05/23/2017)
2017-05-233SUMMONS (6) Issued Electronically as to U.S. DEPARTMENT OF ENERGY, U.S. DEPARTMENT OF STATE, U.S. DEPARTMENT OF THE INTERIOR, U.S. ENVIRONMENTAL PROTECTION AGENCY, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Consent Forms)(jd) (Entered: 05/23/2017)
2017-05-234GENERAL 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 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 5/23/2017. (lckbj1) (Entered: 05/23/2017)
2017-06-295RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 6/6/2017. Answer due for ALL FEDERAL DEFENDANTS by 7/6/2017. (Atwood, Amy) (Entered: 06/29/2017)
2017-06-296RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 6/2/2017. (Atwood, Amy) (Entered: 06/29/2017)
2017-06-297RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF ENERGY served on 6/1/2017; U.S. DEPARTMENT OF STATE served on 6/19/2017; U.S. DEPARTMENT OF THE INTERIOR served on 6/2/2017; U.S. ENVIRONMENTAL PROTECTION AGENCY served on 6/1/2017 (Atwood, Amy) (Entered: 06/29/2017)
2017-06-298NOTICE of Appearance by Joshua M. Kolsky on behalf of U.S. DEPARTMENT OF ENERGY, U.S. DEPARTMENT OF STATE, U.S. DEPARTMENT OF THE INTERIOR, U.S. ENVIRONMENTAL PROTECTION AGENCY (Kolsky, Joshua) (Entered: 06/29/2017)
2017-06-299Unopposed MOTION for Extension of Time to File Answer re 1 Complaint, by U.S. DEPARTMENT OF ENERGY, U.S. DEPARTMENT OF STATE, U.S. DEPARTMENT OF THE INTERIOR, U.S. ENVIRONMENTAL PROTECTION AGENCY (Attachments: # 1 Text of Proposed Order)(Kolsky, Joshua) (Entered: 06/29/2017)
2017-07-03MINUTE ORDER granting, for good cause shown, 9 Unopposed Motion for Extension of Time to Answer. Defendants shall answer or otherwise respond to the complaint on or before 7/27/2017. Signed by Judge Ketanji Brown Jackson on 07/03/2017. (lckbj1) (Entered: 07/03/2017)
2017-07-2710ANSWER to Complaint by U.S. DEPARTMENT OF ENERGY, U.S. DEPARTMENT OF STATE, U.S. DEPARTMENT OF THE INTERIOR, U.S. ENVIRONMENTAL PROTECTION AGENCY.(Kolsky, Joshua) (Entered: 07/27/2017)
2017-07-28MINUTE ORDER. Before the Court in this FOIA case are a complaint and an answer. It is hereby ORDERED that the parties shall promptly confer and file a joint proposed schedule for briefing or disclosure, on or before 8/11/2017. Signed by Judge Ketanji Brown Jackson on 07/28/2017. (lckbj1) (Entered: 07/28/2017)
2017-08-1111Joint PROPOSED BRIEFING SCHEDULE Joint Proposed Schedule by CENTER FOR BIOLOGICAL DIVERSITY. (Atwood, Amy) Modified event title on 8/14/2017 (znmw). (Entered: 08/11/2017)
2017-08-1112NOTICE of Appearance by Margaret E. Townsend on behalf of CENTER FOR BIOLOGICAL DIVERSITY (Townsend, Margaret) (Entered: 08/11/2017)
2017-08-14MINUTE ORDER. Based on the representations in the parties' 11 Joint Status Report, it is hereby ORDERED that Plaintiff shall file any amended complaint on or before 8/17/2017, and shall promptly serve any such amended complaint. Signed by Judge Ketanji Brown Jackson on 08/14/2017. (lckbj1) (Entered: 08/14/2017)
2017-08-14Set/Reset Deadlines: Amended Complaint due by 8/17/2017. (hs) (Entered: 08/14/2017)
2017-08-1613AMENDED COMPLAINT First Amended Complaint against U.S. DEPARTMENT OF ENERGY, U.S. DEPARTMENT OF STATE, U.S. DEPARTMENT OF THE INTERIOR, U.S. ENVIRONMENTAL PROTECTION AGENCY, U.S. NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION filed by CENTER FOR BIOLOGICAL DIVERSITY. (Attachments: # 1 Redline Comparison to Complaint)(Townsend, Margaret) Modified to add defendant on 8/17/2017 (znmw). (Entered: 08/16/2017)
2017-08-1714REQUEST FOR SUMMONS TO ISSUE for the U.S. Department of Commerce, U.S. National Oceanic and Atmospheric Administration, U.S. Attorney, and U.S. Attorney General re 13 Amended Complaint, filed by CENTER FOR BIOLOGICAL DIVERSITY. Related document: 13 Amended Complaint, filed by CENTER FOR BIOLOGICAL DIVERSITY.(Townsend, Margaret) (Entered: 08/17/2017)
2017-08-1815SUMMONS (4) Issued Electronically as to U.S. DEPARTMENT OF COMMERCE, U.S. NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION, U.S. Attorney and U.S. Attorney General (znmw) (Entered: 08/18/2017)
2017-08-2916Consent MOTION for Extension of Time to File Answer re 13 Amended Complaint, by U.S. DEPARTMENT OF ENERGY, U.S. DEPARTMENT OF STATE, U.S. DEPARTMENT OF THE INTERIOR, U.S. ENVIRONMENTAL PROTECTION AGENCY (Attachments: # 1 Text of Proposed Order)(Kolsky, Joshua) (Entered: 08/29/2017)
2017-08-30MINUTE ORDER granting 16 Motion for Extension of Time to Answer. It is hereby ORDERED that the obligation of Departments of State, Energy, and the Interior and the EPA to answer or otherwise respond to the complaint is STAYED until further order of this Court, and pending service of process on NOAA and the Department of Commerce. It is FURTHER ORDERED that Plaintiff shall promptly file returns of service once it effects service on NOAA and the Department of Commerce. Signed by Judge Ketanji Brown Jackson on 08/30/2017. (lckbj1) (Entered: 08/30/2017)
2017-09-0717RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 8/29/2017. Answer due for ALL FEDERAL DEFENDANTS by 9/28/2017. (Atwood, Amy) (Entered: 09/07/2017)
2017-09-0718RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 8/29/2017. (Atwood, Amy) (Entered: 09/07/2017)
2017-09-0719RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF COMMERCE served on 8/28/2017; U.S. NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION served on 9/1/2017 (Atwood, Amy) (Entered: 09/07/2017)
2017-09-08MINUTE ORDER. It is hereby ORDERED that Defendants shall answer or otherwise respond to the Amended Complaint on or before 9/28/2017. Signed by Judge Ketanji Brown Jackson on 09/08/2017. (lckbj1) (Entered: 09/08/2017)
2017-09-15Case directly reassigned to Judge Timothy J. Kelly. Judge Ketanji Brown Jackson is no longer assigned to the case. (ztnr) (Entered: 09/15/2017)
2017-09-2820ANSWER to 13 Amended Complaint, by U.S. DEPARTMENT OF COMMERCE, U.S. DEPARTMENT OF ENERGY, U.S. DEPARTMENT OF STATE, U.S. DEPARTMENT OF THE INTERIOR, U.S. ENVIRONMENTAL PROTECTION AGENCY, U.S. NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION. Related document: 13 Amended Complaint, filed by CENTER FOR BIOLOGICAL DIVERSITY.(Kolsky, Joshua) (Entered: 09/28/2017)
2017-10-12MINUTE ORDER: Before the Court in this FOIA case are an amended complaint and an answer. The requirements of LCvR 16.3 and Rule 26(f) of the Federal Rules of Civil Procedure appear to be inapplicable. It is hereby ORDERED that the parties shall meet and confer and propose a schedule for proceeding in this matter. The schedule shall address the status of Plaintiff's FOIA request, the anticipated number of documents responsive to Plaintiff's FOIA request, the anticipated date(s) for release of the documents requested by Plaintiff, whether a motion for an Open America stay is likely in this case, whether a Vaughn index will be required in this case, whether and when either party anticipates filing a dispositive motion, and any other pertinent issues. The parties shall file a joint status report that addresses these issues and that contains a proposed schedule and proposed order not later than 10/26/17. Signed by Judge Timothy J. Kelly on 10/12/2017. (lctjk1) (Entered: 10/12/2017)
2017-10-13Set/Reset Deadlines: Joint Status Report due by 10/26/2017. (kh) (Entered: 10/13/2017)
2017-10-2621Joint STATUS REPORT by U.S. DEPARTMENT OF COMMERCE, U.S. DEPARTMENT OF ENERGY, U.S. DEPARTMENT OF STATE, U.S. DEPARTMENT OF THE INTERIOR, U.S. ENVIRONMENTAL PROTECTION AGENCY, U.S. NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION. (Attachments: # 1 Text of Proposed Order)(Kolsky, Joshua) (Entered: 10/26/2017)
2017-10-30MINUTE ORDER: In light of the 21 Joint Status Report filed by the parties on October 26, 2017, it is hereby ORDERED that Defendant U.S. Department of the Interior shall make an initial production of non-exempt, responsive records on October 31, 2017, and make additional productions every thirty days until the production is complete. Defendant U.S. Department of State shall make an initial production of non-exempt, responsive records on November 15, 2017, and make additional productions every thirty days until the production is complete. The parties shall file a joint status report, including, if necessary, a proposed briefing schedule, by November 27, 2017. Signed by Judge Timothy J. Kelly on 10/30/2017. (lctjk1) (Entered: 10/30/2017)
2017-10-30Set/Reset Deadlines: Status Report due by 11/27/2017. (tj) (Entered: 10/30/2017)
2017-11-2722Joint STATUS REPORT by U.S. DEPARTMENT OF COMMERCE, U.S. DEPARTMENT OF ENERGY, U.S. DEPARTMENT OF STATE, U.S. DEPARTMENT OF THE INTERIOR, U.S. ENVIRONMENTAL PROTECTION AGENCY, U.S. NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION. (Kolsky, Joshua) (Entered: 11/27/2017)
2017-11-28MINUTE ORDER: In light of the parties' 22 Joint Status Report, it is hereby ORDERED that the parties shall file a further joint status report by December 27, 2017. Signed by Judge Timothy J. Kelly on 11/28/2017. (lctjk1) (Entered: 11/28/2017)
2017-12-2723Joint STATUS REPORT by U.S. DEPARTMENT OF COMMERCE, U.S. DEPARTMENT OF ENERGY, U.S. DEPARTMENT OF STATE, U.S. DEPARTMENT OF THE INTERIOR, U.S. ENVIRONMENTAL PROTECTION AGENCY, U.S. NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION. (Kolsky, Joshua) (Entered: 12/27/2017)
2018-01-11MINUTE ORDER: In light of the parties' 23 Joint Status Report, it is hereby ORDERED that the parties shall file a Joint Status Report on February 26, 2018, and every sixty days thereafter until further order of the Court. Signed by Judge Timothy J. Kelly on 1/11/2018. (lctjk1) (Entered: 01/11/2018)
2018-01-11Set/Reset Deadlines: Joint Status Report due by 2/26/2018 and every sixty (60) days thereafter. (kh) (Entered: 01/11/2018)
2018-02-2624Joint STATUS REPORT by CENTER FOR BIOLOGICAL DIVERSITY. (Townsend, Margaret) (Entered: 02/26/2018)
2018-04-2625Joint STATUS REPORT by U.S. DEPARTMENT OF COMMERCE, U.S. DEPARTMENT OF ENERGY, U.S. DEPARTMENT OF STATE, U.S. DEPARTMENT OF THE INTERIOR, U.S. ENVIRONMENTAL PROTECTION AGENCY, U.S. NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION. (Kolsky, Joshua) (Entered: 04/26/2018)
2018-06-2626Joint STATUS REPORT by U.S. DEPARTMENT OF COMMERCE, U.S. DEPARTMENT OF ENERGY, U.S. DEPARTMENT OF STATE, U.S. DEPARTMENT OF THE INTERIOR, U.S. ENVIRONMENTAL PROTECTION AGENCY, U.S. NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION. (Kolsky, Joshua) (Entered: 06/26/2018)
2018-08-2727Joint STATUS REPORT by U.S. DEPARTMENT OF COMMERCE, U.S. DEPARTMENT OF ENERGY, U.S. DEPARTMENT OF STATE, U.S. DEPARTMENT OF THE INTERIOR, U.S. ENVIRONMENTAL PROTECTION AGENCY, U.S. NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION. (Kolsky, Joshua) (Entered: 08/27/2018)
2018-10-2628Joint STATUS REPORT by U.S. DEPARTMENT OF COMMERCE, U.S. DEPARTMENT OF ENERGY, U.S. DEPARTMENT OF STATE, U.S. DEPARTMENT OF THE INTERIOR, U.S. ENVIRONMENTAL PROTECTION AGENCY, U.S. NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION. (Kolsky, Joshua) (Entered: 10/26/2018)
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