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Case TitleCENTER FOR BIOLOGICAL DIVERSITY v. U.S. ARMY CORPS OF ENGINEERS et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2017cv01037
Date Filed2017-05-31
Date ClosedOpen
JudgeJudge Emmet G. Sullivan
PlaintiffCENTER FOR BIOLOGICAL DIVERSITY
Case DescriptionThe Center for Biological Diversity submitted a FOIA request to the U.S. Army Corps of Engineers for records concerning building barriers on the U.S.-Mexican border or U.S.-Canadian border prepared for the Trump administration transition team. The agency acknowledged receipt of the request. The Center for Biological Diversity also submitted a FOIA request to the Department of Homeland Security for same records. The agency told the Center that the records responsive to its request were available online. The Center filed an administrative appeal of that response. The Center sent the same request to U.S. Customs and Board Protection. That agency acknowledged receipt of the request. After hearing nothing further from the agencies, the Center for Biological Diversity filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees, Adequacy - Search

DefendantU.S. ARMY CORPS OF ENGINEERS
DefendantU.S. CUSTOMS AND BORDER PROTECTION
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2017-05-311COMPLAINT against U.S. ARMY CORPS OF ENGINEERS, U.S. CUSTOMS AND BORDER PROTECTION ( Filing fee $ 400 receipt number 0090-4971164) filed by CENTER FOR BIOLOGICAL DIVERSITY. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Summons)(Atwood, Amy) (Entered: 05/31/2017)
2017-05-312Corporate Disclosure Statement by CENTER FOR BIOLOGICAL DIVERSITY. (Atwood, Amy) (Entered: 05/31/2017)
2017-05-31Case Assigned to Judge Emmet G. Sullivan. (md) (Entered: 06/01/2017)
2017-06-023SUMMONS (4) Issued Electronically as to U.S. ARMY CORPS OF ENGINEERS, U.S. CUSTOMS AND BORDER PROTECTION, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice of Consent) (md) (Entered: 06/02/2017)
2017-07-114RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 6/20/2017. Answer due for ALL FEDERAL DEFENDANTS by 7/20/2017. (Atwood, Amy) (Entered: 07/11/2017)
2017-07-115RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 06/09/2017. (Atwood, Amy) (Entered: 07/11/2017)
2017-07-116RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. ARMY CORPS OF ENGINEERS served on 6/8/2017; U.S. CUSTOMS AND BORDER PROTECTION served on 6/14/2017 (Atwood, Amy) (Entered: 07/11/2017)
2017-07-207NOTICE of Appearance by Melanie Dyani Hendry on behalf of U.S. ARMY CORPS OF ENGINEERS, U.S. CUSTOMS AND BORDER PROTECTION (Hendry, Melanie) (Entered: 07/20/2017)
2017-07-208ANSWER to Complaint by U.S. ARMY CORPS OF ENGINEERS, U.S. CUSTOMS AND BORDER PROTECTION.(Hendry, Melanie) (Entered: 07/20/2017)
2017-07-249STANDING ORDER: The parties are directed to read the attached Standing Order Governing Civil Cases Before Judge Emmet G. Sullivan in its entirety upon receipt. The parties are hereby ORDERED to comply with the directives in the attached Standing Order. Signed by Judge Emmet G. Sullivan on 7/24/2017. (Attachments: # 1 Exhibit) (lcegs1) (Entered: 07/24/2017)
2017-07-24MINUTE ORDER. Plaintiff brings this action pursuant to the Freedom of Information Act (FOIA), 5 U.S.C. § 552. The parties are directed to meet and confer and propose a joint scheduling order for further proceedings in this case by no later than August 7, 2017. The parties joint proposed scheduling order shall address the following: (1) The status of plaintiffs FOIA request; (2) The anticipated number of documents responsive to plaintiffs FOIA request; (3) The anticipated date(s) for release of documents responsive to plaintiffs FOIA request; (4)Whether a motion for an Open America stay is likely in this case; (5) Whether a Vaughn index will be required in this case; (6) Whether this case would benefit from referral to a magistrate judge or the District Court Mediation Program for purposes of settlement; and (7) A proposed briefing schedule for dispositive motions, if applicable. If the parties are unable to agree on a joint recommendation, the joint proposed scheduling order shall include each partys individual recommendations.Signed by Judge Emmet G. Sullivan on 7/24/2017. (lcegs1) (Entered: 07/24/2017)
2017-07-24Set/Reset Deadlines/Hearings: Joint proposed scheduling order due by 8/7/2017. (cdw) (Entered: 07/25/2017)
2017-08-0110Consent MOTION for Extension of Time to File Proposed Schedule by U.S. ARMY CORPS OF ENGINEERS, U.S. CUSTOMS AND BORDER PROTECTION (Attachments: # 1 Proposed Order)(Hendry, Melanie) (Entered: 08/01/2017)
2017-08-01MINUTE ORDER granting 10 consent motion for extension of time. The parties are directed to meet and confer and file their proposed scheduling order for further proceedings in this case by no later than August 28, 2017. Signed by Judge Emmet G. Sullivan on August 1, 2017. (lcegs2) (Entered: 08/01/2017)
2017-08-02Set/Reset Deadlines: Joint Proposed Scheduling Order due by 8/28/2017. (mac) (Entered: 08/02/2017)
2017-08-1511NOTICE of Appearance by Margaret E. Townsend on behalf of CENTER FOR BIOLOGICAL DIVERSITY (Townsend, Margaret) (Entered: 08/15/2017)
2017-08-2812Joint STATUS REPORT by U.S. ARMY CORPS OF ENGINEERS, U.S. CUSTOMS AND BORDER PROTECTION. (Hendry, Melanie) (Entered: 08/28/2017)
2017-08-29MINUTE ORDER. In view of 12 the parties' joint status report, the parties are directed to file a further joint status report, including, if necessary, their proposed scheduling order for further proceedings in this case, by no later than November 7, 2017. Signed by Judge Emmet G. Sullivan on August 29, 2017. (lcegs2) (Entered: 08/29/2017)
2017-08-30Set/Reset Deadlines: Joint Status Report due by 11/7/2017 (mac) (Entered: 08/30/2017)
2017-11-0613STATUS REPORT by U.S. ARMY CORPS OF ENGINEERS, U.S. CUSTOMS AND BORDER PROTECTION. (Hendry, Melanie) (Entered: 11/06/2017)
2017-11-0714STATUS REPORT by CENTER FOR BIOLOGICAL DIVERSITY. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Townsend, Margaret) (Entered: 11/07/2017)
2017-11-0715MOTION for Briefing Schedule by CENTER FOR BIOLOGICAL DIVERSITY (Attachments: # 1 Text of Proposed Order, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D)(Townsend, Margaret) (Entered: 11/07/2017)
2017-11-22MINUTE ORDER granting in part and holding in abeyance in part 15 plaintiff's motion for a briefing schedule. In view of 13 , 14 the parties' status reports, the parties are directed to file a joint status report by no later than December 8, 2017 including, inter alia, the number of records responsive to plaintiff's FOIA request that have been located to date by defendant U.S. Customs and Border Patrol ("CBP"), the status of CBP's processing of plaintiff's FOIA request, the date by which CBP intends to complete its productions to plaintiff, whether defendants intend to produce Vaughn indexes in advance of summary judgment briefing, and a proposed summary judgment briefing schedule. Signed by Judge Emmet G. Sullivan on November 22, 2017. (lcegs2) (Entered: 11/22/2017)
2017-11-22Set/Reset Deadlines: Joint Status Report due by 12/8/2017. (znbn) (Entered: 11/22/2017)
2017-12-0716Joint STATUS REPORT by U.S. ARMY CORPS OF ENGINEERS, U.S. CUSTOMS AND BORDER PROTECTION. (Hendry, Melanie) (Entered: 12/07/2017)
2018-01-11MINUTE ORDER. In view of the parties' joint status report, the Court directs defendant U.S. Customs and Border Protection to complete its production of records responsive to plaintiff's FOIA request by no later than April 30, 2018. The Court further directs the parties to comply with the following briefing schedule: defendants shall file their motion for summary judgment by no later than June 15, 2018; plaintiff shall file a combined cross-motion for summary judgment and opposition to defendants' motion for summary judgment by no later than July 16, 2018; defendants shall file a combined reply in support of their motion and opposition to plaintiff's cross-motion by no later than August 15, 2018; and plaintiff shall file a reply in support of its cross-motion by no later than August 30, 2018. Signed by Judge Emmet G. Sullivan on January 11, 2017. (lcegs2) (Entered: 01/11/2018)
2018-01-12Set/Reset Deadlines: Defendants Motion For Summary Judgment due by 6/15/2018. Plaintiff Combined Cross-Motion For Summary Judgment And Opposition To Defendants' Motion For Summary Judgment due by 7/16/2018. Defendants Combined Reply In Support Of Their Motion And Opposition To Plaintiff's Cross-Motion due by 8/15/2018. Plaintiff Reply In Support Of Its Cross-Motion due by 8/30/2018. (mac) (Entered: 01/12/2018)
2018-05-2217Consent MOTION for Extension of Time to File Summary Judgment Motion by U.S. ARMY CORPS OF ENGINEERS, U.S. CUSTOMS AND BORDER PROTECTION (Hendry, Melanie) (Entered: 05/22/2018)
2018-05-25MINUTE ORDER granting 17 defendants' consent motion for an extension of time. The Court directs the parties to comply with the following briefing schedule: defendants shall file their motion for summary judgment by no later than July 16, 2018; plaintiff shall file a combined cross-motion for summary judgment and opposition to defendants' motion for summary judgment by no later than August 16, 2018; defendants shall file a combined reply in support of their motion and opposition to plaintiff's cross-motion by no later than September 17, 2018; and plaintiff shall file a reply in support of its cross-motion by no later than October 1, 2018. Signed by Judge Emmet G. Sullivan on May 25, 2018. (lcegs2) (Entered: 05/25/2018)
2018-05-27Set/Reset Deadlines: Defendants' Motion for Summary Judgment is due by 7/16/2018; Plaintiff's combined Cross-Motion for Summary Judgment and Opposition to Defendants' Motion for Summary Judgment is due by 8/16/2018; Defendants' Combined Reply in support of their Motion and Opposition to Plaintiff's Cross-Motion is due by 9/17/2018; Plaintiff's Reply in support of its Cross-Motion is due by 10/1/2018. (jth) (Entered: 05/27/2018)
2018-07-1318Consent MOTION for Extension of Time to File Summary Judgment Motion by U.S. ARMY CORPS OF ENGINEERS, U.S. CUSTOMS AND BORDER PROTECTION (Hendry, Melanie) (Entered: 07/13/2018)
2018-07-17MINUTE ORDER granting 18 defendants' second consent motion for an extension of time. The Court directs the parties to comply with the following briefing schedule: defendants shall file their motion for summary judgment by no later than July 30, 2018; plaintiff shall file a combined cross-motion for summary judgment and opposition to defendants' motion for summary judgment by no later than August 30, 2018; defendants shall file a combined reply in support of their motion and opposition to plaintiff's cross-motion by no later than October 1, 2018; and plaintiff shall file a reply in support of its cross-motion by no later than October 15, 2018. Signed by Judge Emmet G. Sullivan on July 17, 2018. (lcegs2) (Entered: 07/17/2018)
2018-07-18Set/Reset Deadlines: Defendants Motion For Summary Judgment due by 7/30/2018. Plaintiff Combined Cross-Motion For Summary Judgment And Opposition To Defendants' Motion For Summary Judgment due by 8/30/2018. Defendants Combined Reply In Support Of Their Motion And Opposition To Plaintiff's Cross-Motion due by 10/1/2018. Plaintiff Reply In Support Of Its Cross-Motion due by 10/15/2018. (mac) (Entered: 07/18/2018)
2018-07-3019MOTION to Vacate Summary Judgment Briefing Schedule by U.S. ARMY CORPS OF ENGINEERS, U.S. CUSTOMS AND BORDER PROTECTION (Hendry, Melanie) (Entered: 07/30/2018)
2018-07-30MINUTE ORDER treating as opposed and granting over objection 19 defendants' motion to vacate summary judgment briefing schedule. The parties are directed to submit a joint status report, including a recommendation for further proceedings, by no later than August 13, 2018. Defendants are instructed to provide an update on the status of the processing of the documents referenced in their motion and, if that process has already been completed, to propose a new briefing schedule. Signed by Judge Emmet G. Sullivan on 7/30/2018. (lcegs2) (Entered: 07/30/2018)
2018-07-31Set/Reset Deadlines: Joint Status Report due by 8/13/2018. (mac) (Entered: 07/31/2018)
2018-08-1020Joint STATUS REPORT by U.S. ARMY CORPS OF ENGINEERS, U.S. CUSTOMS AND BORDER PROTECTION. (Hendry, Melanie) (Entered: 08/10/2018)
2018-08-10MINUTE ORDER. Upon consideration of 20 the parties' joint proposed schedule, the parties are directed to comply with the following briefing schedule: defendant's motion for summary judgment shall be filed no later than September 13, 2018. Plaintiff's opposition shall be filed no later than October 15, 2018. If plaintiff chooses to file a cross-motion, it shall be combined with the opposition and filed on the same date. Defendant's reply and, if applicable, combined opposition shall be filed no later than November 15, 2018. Plaintiff's reply, if applicable, shall be filed no later than December 6, 2018. Signed by Judge Emmet G. Sullivan on 8/10/2018. (lcegs2) (Entered: 08/10/2018)
2018-08-13Set/Reset Deadlines: Defendant Motion For Summary Judgment due by 9/13/2018. Plaintiff's Opposition And If Plaintiff Chooses To File A Cross- Motion, It Shall Be Combined With The Opposition due by 10/15/2018. Defendant's Reply, And, If Applicable, Combined Opposition due by 11/15/2018. Plaintiff's Reply, If Applicable due by 12/6/2018. (mac) (Entered: 08/13/2018)
2018-09-1321MOTION for Summary Judgment by U.S. ARMY CORPS OF ENGINEERS, U.S. CUSTOMS AND BORDER PROTECTION (Attachments: # 1 Statement of Facts, # 2 Declaration of Patrick Howard, # 3 Declaration of Damon Roberts)(Hendry, Melanie) (Entered: 09/13/2018)
2018-10-1522Cross MOTION for Partial Summary Judgment by CENTER FOR BIOLOGICAL DIVERSITY (Attachments: # 1 Text of Proposed Order, # 2 Statement of Facts, # 3 Declaration of M. Townsend, # 4 Exhibit 1, # 5 Exhibit 2, # 6 Exhibit 3, # 7 Exhibit 4, # 8 Exhibit 5, # 9 Exhibit 6, # 10 Exhibit 7, # 11 Exhibit 8, # 12 Exhibit 9, # 13 Exhibit 10, # 14 Exhibit 11, # 15 Exhibit 12, # 16 Exhibit 13, # 17 Exhibit 14, # 18 Exhibit 15, # 19 Exhibit 16, # 20 Exhibit 17, # 21 Exhibit 18, # 22 Exhibit 19, # 23 Exhibit 20, # 24 Exhibit 21, # 25 Exhibit 22)(Townsend, Margaret) Modified on 10/16/2018 to correct docket text/event (jf). (Entered: 10/15/2018)
2018-10-1523Memorandum in opposition to re 21 MOTION for Summary Judgment filed by CENTER FOR BIOLOGICAL DIVERSITY. (Attachments: # 1 Text of Proposed Order, # 2 Counter-Statement of Disputed Facts, # 3 Declaration of M. Townsend, # 4 Exhibit 1, # 5 Exhibit 2, # 6 Exhibit 3, # 7 Exhibit 4, # 8 Exhibit 5, # 9 Exhibit 6, # 10 Exhibit 7, # 11 Exhibit 8, # 12 Exhibit 9, # 13 Exhibit 10, # 14 Exhibit 11, # 15 Exhibit 12, # 16 Exhibit 13, # 17 Exhibit 14, # 18 Exhibit 15, # 19 Exhibit 16, # 20 Exhibit 17, # 21 Exhibit 18, # 22 Exhibit 19, # 23 Exhibit 20, # 24 Exhibit 21, # 25 Exhibit 22)(Townsend, Margaret) (Entered: 10/15/2018)
2018-11-0924MOTION for Extension of Time to File Response/Reply as to 21 MOTION for Summary Judgment , 22 Cross MOTION for Partial Summary Judgment by U.S. ARMY CORPS OF ENGINEERS, U.S. CUSTOMS AND BORDER PROTECTION (Hendry, Melanie) (Entered: 11/09/2018)
2018-11-09MINUTE ORDER granting 24 defendants' consent motion for an extension of time. Defendants shall file their opposition to plaintiffs' cross-motion for summary judgment and reply by no later than November 29, 2018. Plaintiffs' reply to defendants' opposition is due by no later than December 20, 2018. Signed by Judge Emmet G. Sullivan on 11/9/2018. (lcegs2) (Entered: 11/09/2018)
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