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Case TitleWESTERN VALUES PROJECT v. U.S. DEPARTMENT OF THE INTERIOR
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2017cv00996
Date Filed2017-05-24
Date ClosedOpen
JudgeJudge Colleen Kollar-Kotelly
PlaintiffWESTERN VALUES PROJECT
Case DescriptionThe Western Values Project submitted a FOIA request to the Department of the Interior concerning the development of five national monument proclamations issued by President Obama since January 2014. The agency acknowledged receipt of the request, but after hearing nothing further from the agency, Western Values Project filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Attorney's fees

DefendantU.S. DEPARTMENT OF THE INTERIOR
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2017-05-241COMPLAINT against U.S. DEPARTMENT OF THE INTERIOR ( Filing fee $ 400 receipt number 0090-4964265) filed by WESTERN VALUES PROJECT. (Attachments: # 1 Civil Cover Sheet, # 2 LRCv7.1, # 3 Summons)(Hodes, Scott) (Entered: 05/24/2017)
2017-05-24Case Assigned to Judge Colleen Kollar-Kotelly. (sth) (Entered: 05/25/2017)
2017-05-252SUMMONS (3) Issued Electronically as to U.S. DEPARTMENT OF THE INTERIOR, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Summons)(sth) (Entered: 05/25/2017)
2017-05-263ORDER Establishing Procedures for Cases Assigned to Judge Colleen Kollar-Kotelly. Signed by Judge Colleen Kollar-Kotelly on May 26, 2017. (NS) (Entered: 05/26/2017)
2017-06-134RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 5/31/2017. Answer due for ALL FEDERAL DEFENDANTS by 6/30/2017. (Hodes, Scott) (Entered: 06/13/2017)
2017-06-135RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 05/31/17. (Hodes, Scott) (Entered: 06/13/2017)
2017-06-136RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF THE INTERIOR served on 5/30/2017 (Hodes, Scott) (Entered: 06/13/2017)
2017-06-227NOTICE of Appearance by Joshua L. Rogers on behalf of All Defendants (Rogers, Joshua) (Entered: 06/22/2017)
2017-06-298ANSWER to Complaint with Jury Demand by U.S. DEPARTMENT OF THE INTERIOR.(Rogers, Joshua) (Entered: 06/29/2017)
2017-06-309ORDER. The parties shall file a schedule not later than JULY 30, 2017. Signed by Judge Colleen Kollar-Kotelly on 6/30/2017. (lcckk1) (Entered: 06/30/2017)
2017-06-30Set/Reset Deadlines: Parties joint schedule due by 7/30/2017. (dot) (Entered: 07/03/2017)
2017-07-3110Joint STATUS REPORT by U.S. DEPARTMENT OF THE INTERIOR. (Attachments: # 1 Text of Proposed Order)(Rogers, Joshua) (Entered: 07/31/2017)
2017-08-08MINUTE ORDER: The Court is in receipt of the parties' 10 Joint Status Report, wherein the parties represent that Defendant has identified between 30,000 and 35,000 potentially responsive documents, and that it intends to make an initial rolling production of 3,000 documents on August 1, 2017, with additional rolling productions to occur on the first of each month. Accordingly, the parties shall file a further Joint Status Report on JANUARY 8, 2018, updating the Court regarding the status of Defendant's production. Signed by Judge Colleen Kollar-Kotelly on 8/8/2017. (lcckk1) (Entered: 08/08/2017)
2017-08-08Set/Reset Deadlines: Joint Status Report due by 1/8/2018. (dot) (Entered: 08/09/2017)
2018-01-0211Consent MOTION for Extension of Time to file Joint Status Report by U.S. DEPARTMENT OF THE INTERIOR (Attachments: # 1 Text of Proposed Order)(Rogers, Joshua) (Entered: 01/02/2018)
2018-01-03MINUTE ORDER: The Court is in receipt of Defendant's 11 Consent Motion for Extension of Time. For good cause shown, the Court shall GRANT the motion. The deadline for submission of the parties' Joint Status Report shall be extended until JANUARY 22, 2018 . Signed by Judge Colleen Kollar-Kotelly on January 3, 2018. (lcckk1) (Entered: 01/03/2018)
2018-01-03Set/Reset Deadlines: Joint Status Report due by 1/22/2018. (dot) (Entered: 01/03/2018)
2018-01-2212Joint STATUS REPORT by U.S. DEPARTMENT OF THE INTERIOR. (Attachments: # 1 Text of Proposed Order)(Rogers, Joshua) (Entered: 01/22/2018)
2018-02-06MINUTE ORDER: The Court is in receipt of the parties' 12 Joint Status Report, wherein the parties represent that, as of January 8, 2018, Defendant had produced, in full or in part, 21,384 pages of responsive records, out of a total of approximately 23,966 pages of documents reviewed. With respect to an estimated 17,152 remaining pages of documents that are potentially responsive, Defendant commits to continue to make productions of responsive, non-exempt documents on a rolling basis on the first of each month. Defendant represents that it is currently unable to offer a completion date for this production. With the parties' consent, the parties shall file a further Joint Status Report on MARCH 23, 2018 , updating the Court regarding the status of Defendant's production. Signed by Judge Colleen Kollar-Kotelly on February 6, 2018. (lcckk1) (Entered: 02/06/2018)
2018-02-06Set/Reset Deadlines: Joint Status Report due by 3/23/2018. (dot) (Entered: 02/07/2018)
2018-03-2313Joint STATUS REPORT by U.S. DEPARTMENT OF THE INTERIOR. (Rogers, Joshua) (Entered: 03/23/2018)
2018-04-17MINUTE ORDER: The Court is in receipt of the parties' 12 Joint Status Report, wherein the parties represent that Defendant has reviewed and produced additional pages of responsive records since its production of January 22, 2018, and that as of March 23, 2018, Defendant anticipated completing its review of the 12,175 remaining pages within two weeks. Plaintiff seeks time to review the production upon its completion and to confer accordingly with Defendant. The Court shall adopt the parties' proposal that they submit a further Joint Status Report by MAY 7, 2018 , regarding the status of Defendant's production, Plaintiff's assessment of that production, and any need for further litigation, including a proposed briefing schedule if necessary. Signed by Judge Colleen Kollar-Kotelly on April 17, 2018. (lcckk1) (Entered: 04/17/2018)
2018-04-17Set/Reset Deadlines: Joint Status Report due by 5/7/2018. (dot) (Entered: 04/18/2018)
2018-05-0714Joint STATUS REPORT by U.S. DEPARTMENT OF THE INTERIOR. (Rogers, Joshua) (Entered: 05/07/2018)
2018-05-18MINUTE ORDER: The Court is in receipt of the parties' 14 Joint Status Report, wherein the parties represent that Defendant has at least 8,000 remaining pages to review, having mistakenly stated in its 13 Joint Status Report that it would complete its review within two weeks. The Court adopts the parties' proposal that Defendant continue its review and that it produce additional records on the first of each month, beginning JUNE 1, 2018 , until production is complete. The Court is of the view that a Joint Status Report should not be filed before Defendant has made two such productions. Accordingly, the parties shall file a further Joint Status Report by JULY 11, 2018 , confirming the status of production, indicating whether the case can be resolved without further litigation, and proposing a briefing schedule, if necessary. Signed by Judge Colleen Kollar-Kotelly on May 18, 2018. (lcckk1) (Entered: 05/18/2018)
2018-05-18Set/Reset Deadlines: Joint Status Report due by 7/11/2018. (dot) (Entered: 05/18/2018)
2018-07-1115Joint STATUS REPORT by U.S. DEPARTMENT OF THE INTERIOR. (Rogers, Joshua) (Entered: 07/11/2018)
2018-07-12MINUTE ORDER: The Court is in receipt of the parties' 15 Joint Status Report, wherein the parties indicate Defendant's progress in producing responsive, non-exempt material and identify Defendant's expectation that a further twelve months will be required to complete its review at its current rate. The parties shall continue to discuss the possibility of narrowing the scope of responsive documents in order to expedite production. The parties shall file a further Joint Status Report by AUGUST 27, 2018 , confirming the status of production, indicating whether the case can be resolved without further litigation, and proposing a briefing schedule, if necessary. Signed by Judge Colleen Kollar-Kotelly on July 12, 2018. (lcckk1) (Entered: 07/12/2018)
2018-07-12Set/Reset Deadlines: Joint Status Report due by 8/27/2018, confirming the status of production, indicating whether the case can be resolved without further litigation, and proposing a briefing schedule, if necessary. (dot) (Entered: 07/13/2018)
2018-08-30MINUTE ORDER: The Court has not received the parties' Joint Status Report due by August 27, 2018. See Min. Order of July 12, 2018. The parties shall submit this Joint Status Report by August 31, 2018. Signed by Judge Colleen Kollar-Kotelly on August 30, 2018. (lcckk1 ) (Entered: 08/30/2018)
2018-08-3016Joint STATUS REPORT by U.S. DEPARTMENT OF THE INTERIOR. (Rogers, Joshua) (Entered: 08/30/2018)
2018-09-04MINUTE ORDER: The Court is in receipt of the parties' 16 Joint Status Report, wherein the parties indicate Defendant's progress in producing responsive, non-exempt material and identify Defendant's expectation that a further eleven months will be required to complete its review at its current rate. The parties shall file a further Joint Status Report by OCTOBER 15, 2018 , identifying the status of production and indicating whether the case can be resolved without further litigation. The parties shall continue to submit further Joint Status Reports every thirty days thereafter, unless and until the Court orders otherwise. Signed by Judge Colleen Kollar-Kotelly on September 4, 2018. (lcckk1) (Entered: 09/04/2018)
2018-09-04Set/Reset Deadlines: Joint Status Report due by 10/15/2018, identifying the status of production and indicating whether the case can be resolved without further litigation. (dot) (Entered: 09/06/2018)
2018-10-1517Joint STATUS REPORT by U.S. DEPARTMENT OF THE INTERIOR. (Rogers, Joshua) (Entered: 10/15/2018)
2018-11-2918Joint STATUS REPORT by U.S. DEPARTMENT OF THE INTERIOR. (Rogers, Joshua) (Entered: 11/29/2018)
2018-12-04MINUTE ORDER: The Court is in receipt of the parties' 17 18 Joint Status Reports, wherein the parties indicate Defendant's progress in producing responsive, non-exempt material and identify Defendant's expectation that a further seven months will be required to complete its review at its current rate. The parties shall file a further Joint Status Report by JANUARY 23, 2019 , identifying the status of production and indicating whether the case can be resolved without further litigation. The parties shall continue to submit further Joint Status Reports every forty-five days thereafter, unless and until the Court orders otherwise. Signed by Judge Colleen Kollar-Kotelly on December 4, 2018. (lcckk1) (Entered: 12/04/2018)
2018-12-04Set/Reset Deadlines: Joint Status Report due by 1/23/2019, identifying the status of production and indicating whether the case can be resolved without further litigation. (dot) (Entered: 12/06/2018)
2019-01-1819MOTION to Stay by U.S. DEPARTMENT OF THE INTERIOR (Attachments: # 1 Text of Proposed Order)(Coles-Huff, Doris) (Entered: 01/18/2019)
2019-01-23MINUTE ORDER: The Court has received Defendant's 19 Motion for Stay of All Proceedings in Light of Lapse of Appropriations. Plaintiff has indicated that it does not oppose the relief sought in this motion. In an exercise of the Court's discretion, the Court shall GRANT Defendant's 19 Motion. Except as provided below, the Court shall STAY this case, including the deadline for the next Joint Status Report. The parties shall file a notice within five business days of the restoration of the U.S. Department of Justice's funding and the resumption of its operations. Defendant has not indicated whether the agency personnel responsible for processing Plaintiff's FOIA request have been deemed essential. To the extent that those agency personnel have been deemed essential, they should continue to process Plaintiff's FOIA request during the pendency of the lapse in appropriations so that, upon restoration of funding, the Joint Status Report may be submitted more promptly. Signed by Judge Colleen Kollar-Kotelly on January 23, 2019. (lcckk1) (Entered: 01/23/2019)
2019-02-0120Joint STATUS REPORT by U.S. DEPARTMENT OF THE INTERIOR. (Rogers, Joshua) (Entered: 02/01/2019)
2019-02-05MINUTE ORDER: The Court has received the parties' 20 Joint Status Report, which indicates that government funding has been restored. Accordingly, the Court shall LIFT the stay in this case. The parties also indicate Defendant's progress in producing any responsive, non-exempt material and identify Defendant's revised expectation that it will complete its review and production by August 2019 at its current rate. The parties shall file a further Joint Status Report by MARCH 15, 2019 , identifying the status of production and indicating whether the case can be resolved without further litigation. The parties shall continue to submit further Joint Status Reports every forty-five days thereafter, unless and until the Court orders otherwise. Signed by Judge Colleen Kollar-Kotelly on February 5, 2019. (lcckk1) (Entered: 02/05/2019)
2019-03-1521Joint STATUS REPORT by U.S. DEPARTMENT OF THE INTERIOR. (Attachments: # 1 Text of Proposed Order)(Rogers, Joshua) (Entered: 03/15/2019)
2019-04-1722NOTICE of Appearance by Jonathan Standish Massey on behalf of All Plaintiffs (Massey, Jonathan) (Entered: 04/17/2019)
2019-04-1823NOTICE OF WITHDRAWAL OF APPEARANCE as to WESTERN VALUES PROJECT. Attorney Scott Allan Hodes terminated. (Hodes, Scott) (Entered: 04/18/2019)
2019-04-2924Joint STATUS REPORT by U.S. DEPARTMENT OF THE INTERIOR. (Rogers, Joshua) (Entered: 04/29/2019)
2019-06-0425NOTICE of Appearance by Matthew M. Collette on behalf of All Plaintiffs (Collette, Matthew) (Entered: 06/04/2019)
2019-06-1226Joint STATUS REPORT by U.S. DEPARTMENT OF THE INTERIOR. (Rogers, Joshua) (Entered: 06/12/2019)
2019-07-2927Joint STATUS REPORT by WESTERN VALUES PROJECT. (Collette, Matthew) (Entered: 07/29/2019)
2019-07-30MINUTE ORDER: The Court has received the parties' latest 27 Joint Status Report, which indicates, inter alia , Defendant has "submitted for consultation" the remaining pages, "is hopeful that they will be returned within the next 30 days," and has requested that the records be returned as soon as possible." The Court adopts the parties' proposal that they submit a further Joint Status Report on AUGUST 28, 2019 , confirming the status of these records and indicating whether the case can be resolved without further litigation. Signed by Judge Colleen Kollar-Kotelly on July 30, 2019. (lcckk1) (Entered: 07/30/2019)
2019-07-30Set/Reset Deadlines: Joint Status Report due by 8/28/2019, confirming the status of these records and indicating whether the case can be resolved without further litigation. (dot) (Entered: 07/31/2019)
2019-08-2828STIPULATION of Dismissal by U.S. DEPARTMENT OF THE INTERIOR. (Rogers, Joshua) (Entered: 08/28/2019)
2019-08-2829ORDER. This case is DISMISSED. Signed by Judge Colleen Kollar-Kotelly on August 28, 2019. (lcckk1) (Entered: 08/28/2019)
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