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Case TitleCenter for Biological Diversity v. U.S. Department of Homeland Security et al
DistrictSouthern District of California
CitySan Diego
Case Number3:2017cv01215
Date Filed2017-06-15
Date Closed2018-03-26
JudgeJudge Gonzalo P. Curiel
PlaintiffCenter for Biological Diversity
PlaintiffDefenders of Wildlife a nonprofit conservation organization
PlaintiffSierra Club a nonprofit public benefit corporation
PlaintiffPeople of the State of California, The by and through Xavier Becerra, Attorney General
PlaintiffCalifornia Coastal Commission, The
PlaintiffAnimal Legal Defense Fund
Case DescriptionThe Center for Biological Diversity submitted FOIA requests to the Department of Homeland Security and U.S. Customs and Border Protection for records concerning environmental impact statements pertaining to construction of a border wall. The agencies acknowledged receipt of the requests, but after hearing nothing further from the agencies, the Center for Biological Diversity filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Attorney's fees

DefendantU.S. Department of Homeland Security
DefendantU.S. Customs and Border Protections
DefendantElaine Duke in her official capacity as Acting Secretary, U.S. Department of Homeland Security
DefendantActing Secretary Elaine Duke
DefendantUnited States of America
DefendantActing Commissioner Kevin K. McAleenan in his Official Capacity
DefendantMembers of the Congressional Hispanic Caucus
AppealNinth Circuit 18-55474
AppealNinth Circuit 18-55475
AppealNinth Circuit 18-55476
Documents
Docket
Complaint
Complaint attachment 1
Opinion/Order [50]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2017-06-151COMPLAINT against All Defendants ( Filing fee $ 400 receipt number 0974-10165698.), filed by Center for Biological Diversity. (Attachments: # 1 Civil Cover Sheet) The new case number is 3:17-cv-1215-GPC-WVG. Judge Gonzalo P. Curiel and Magistrate Judge William V. Gallo are assigned to the case. (Su, Anchun Jean)(mpl) (jao). (Entered: 06/15/2017)
2017-06-152NOTICE of Party With Financial Interest by Center for Biological Diversity re 1 Complaint. No Parties With Financial Interest. (mpl) (jao). (Entered: 06/15/2017)
2017-06-153Summons Issued. Counsel receiving this notice electronically should print this summons and serve it in accordance with Rule 4, Fed.R.Civ.P and LR 4.1. (mpl) (jao). (Entered: 06/15/2017)
2017-07-074NOTICE of Appearance by Brian P. Segee on behalf of Center for Biological Diversity (Segee, Brian)Attorney Brian P. Segee added to party Center for Biological Diversity(pty:pla) QC email, missing certificate of service (dlg). (Entered: 07/07/2017)
2017-07-075NOTICE of Appearance by John Peter Rose on behalf of Center for Biological Diversity (Rose, John)Attorney John Peter Rose added to party Center for Biological Diversity(pty:pla) QC email, missing certificate of service (dlg). (Entered: 07/07/2017)
2017-07-076FIRST AMENDED COMPLAINT (First) against All Defendants, filed by Center for Biological Diversity. (Segee, Brian) (dlg). (Entered: 07/07/2017)
2017-07-107CERTIFICATE OF SERVICE by Center for Biological Diversity re 4 Notice of Appearance (Segee, Brian) (dlg). (Entered: 07/10/2017)
2017-07-108CERTIFICATE OF SERVICE by Center for Biological Diversity re 5 Notice of Appearance (Rose, John) (dlg). (Entered: 07/10/2017)
2017-07-109SUMMONS Returned Executed by Center for Biological Diversity. All Defendants served. (Su, Anchun Jean) (dlg). (Entered: 07/10/2017)
2017-07-1410Ex Parte MOTION for Extension of Time to File Response to First Amended Complaint (Unopposed) by U.S. Customs and Border Protections, U.S. Department of Homeland Security. (Attachments: # 1 Proof of Service)(Parker, Katherine)Attorney Katherine Lind Parker added to party U.S. Customs and Border Protections(pty:dft), Attorney Katherine Lind Parker added to party U.S. Department of Homeland Security(pty:dft) (dlg). (Entered: 07/14/2017)
2017-07-1711ORDER Granting 10 Defendants Ex Parte Application for Extension of Time to File Responses to the First Amended Complaint. Defendants shall have until September 5, 2017, to file their responses to the First Amended Complaint. Signed by Judge Gonzalo P. Curiel on 7/17/17. (dlg) (Entered: 07/17/2017)
2017-08-2212Joint MOTION for Order Regarding Further Proceedings by Center for Biological Diversity. (Segee, Brian) (dlg). (Entered: 08/22/2017)
2017-08-2313NOTICE of Appearance by Galen N. Thorp on behalf of U.S. Customs and Border Protections, U.S. Department of Homeland Security (Thorp, Galen)Attorney Galen N. Thorp added to party U.S. Customs and Border Protections(pty:dft), Attorney Galen N. Thorp added to party U.S. Department of Homeland Security(pty:dft) (Entered: 08/23/2017)
2017-08-2414ORDER Granting Joint 12 Motion for Order Regarding Further Proceedings. Plaintiff shall file any amended pleading by September 6, 2017. Defendants shall file their motion to dismiss Plaintiff's amended pleading. Plaintiff shall file an opposition to Defendants' motion to dismiss by November 3, 2017. Defendants shall file a reply in support of their motion to dismiss by November 17, 2017. The Court sets a hearing on Defendants' motion to dismiss on December 15, 2017 at 1:30 p.m. in Courtroom 2D. Signed by Judge Gonzalo P. Curiel on 8/24/17. (dlg) (Entered: 08/24/2017)
2017-09-0615NOTICE of Appearance by Brendan R Cummings on behalf of Center for Biological Diversity (Cummings, Brendan)Attorney Brendan R Cummings added to party Center for Biological Diversity(pty:pla) (dlg). (Entered: 09/06/2017)
2017-09-0616Second AMENDED COMPLAINT (Second) against All Defendants, filed by Center for Biological Diversity.New Summons Requested. (Segee, Brian)SUMMONS REQUESTED Modified on 9/6/2017 (dlg). (dlg). (Entered: 09/06/2017)
2017-09-0717Summons Issued re Second Amended Complaint. Counsel receiving this notice electronically should print this summons and serve it in accordance with Rule 4, Fed.R.Civ.P and LR 4.1. (dlg) (Entered: 09/07/2017)
2017-10-0618MOTION to Dismiss by Elaine Duke, U.S. Customs and Border Protections, U.S. Department of Homeland Security. (Attachments: # 1 Memo of Points and Authorities, # 2 Exhibit, # 3 Proof of Service)(Thorp, Galen)Attorney Galen N. Thorp added to party Elaine Duke(pty:dft) (dlg). (Entered: 10/06/2017)
2017-10-1919*** WITHDRAWN PER ECF 20 *** Joint MOTION to Consolidate Cases , Joint MOTION for Order Regarding Further Proceedings by Elaine Duke, U.S. Customs and Border Protections, U.S. Department of Homeland Security. (Thorp, Galen) QC email, documents are not signed. Attorney should withdraw and refile (dlg). Modified on 10/23/2017 (dlg). (Entered: 10/19/2017)
2017-10-2020NOTICE OF WITHDRAWAL OF DOCUMENT by Elaine Duke, U.S. Department of Homeland Security, U.S. Customs and Border Protections re 19 Joint MOTION to Consolidate Cases Joint MOTION for Order Regarding Further Proceedings filed by U.S. Department of Homeland Security, Elaine Duke, U.S. Customs and Border Protections . (Thorp, Galen) (dlg). (Entered: 10/20/2017)
2017-10-2021Joint MOTION to Consolidate Cases , Joint MOTION for Order Regarding Further Proceedings by Elaine Duke, U.S. Customs and Border Protections, U.S. Department of Homeland Security. (Thorp, Galen) (dlg). (Entered: 10/20/2017)
2017-10-2422CONSOLIDATION ORDER (re ecf 21 ). Cases Consolidated. All future docketing will be done in the lead case. A hearing on the cross-motion for summary judgment shall be held on February 9, 2018 at 1:30 p.m. in Courtroom 2D. Signed by Judge Gonzalo P. Curiel on 10/24/17.(dlg) (Entered: 10/24/2017)
2017-11-2023*** WITHDRAWN PER ECF 25 *** AMENDED COMPLAINT against Acting Commissioner Kevin K. McAleenan, Elaine Duke, U.S. Customs and Border Protections, U.S. Department of Homeland Security, United States of America, filed by Sierra Club, Defenders of Wildlife, Animal Legal Defense Fund. (Smith, Gloria) QC email, document is not signed. Attorney should withdraw and refile with a proper signature (dlg). Modified on 11/22/2017 (dlg). (Entered: 11/20/2017)
2017-11-2124NOTICE OF STATEMENT OF UNDISPUTED MATERIAL FACTS by Elaine Duke, U.S. Customs and Border Protections, U.S. Department of Homeland Security re 18 MOTION to Dismiss (Thorp, Galen) qc email re missing certificate of service (dlg). (Entered: 11/21/2017)
2017-11-2125NOTICE OF WITHDRAWAL OF DOCUMENT by Animal Legal Defense Fund, Defenders of Wildlife, Sierra Club re 23 Amended Complaint, filed by Animal Legal Defense Fund, Defenders of Wildlife, Sierra Club . (Smith, Gloria) (dlg). (Entered: 11/21/2017)
2017-11-2126First AMENDED COMPLAINT against Acting Commissioner Kevin K. McAleenan, Elaine Duke, U.S. Customs and Border Protections, U.S. Department of Homeland Security, United States of America, filed by Sierra Club, Animal Legal Defense Fund, Defenders of Wildlife. (Smith, Gloria) (dlg). (Entered: 11/21/2017)
2017-11-2227CERTIFICATE OF SERVICE by Elaine Duke, U.S. Customs and Border Protections, U.S. Department of Homeland Security re 24 Notice (Other), (Thorp, Galen)(mpl). (Entered: 11/22/2017)
2017-11-2228Cross MOTION for Summary Judgment by Center for Biological Diversity. (Attachments: # 1 Memo of Points and Authorities in support of cross motion for summary judgment and in opposition to defendants' motion for summary judgment, # 2 Statement of Facts, # 3 Declaration of Jill Marie Holslin, # 4 Declaration of Christoper D. Nagano, # 5 Declaration of Peter Galvin)(Segee, Brian) (mpl). (Entered: 11/22/2017)
2017-11-2229MOTION for Summary Judgment by Animal Legal Defense Fund, Defenders of Wildlife, Sierra Club. (Attachments: # 1 Memo of Points and Authorities, # 2 Statement of Facts, # 3 Exhibit)(Paben, Brett)Attorney Brett Michael Paben added to party Animal Legal Defense Fund(pty:pla), Attorney Brett Michael Paben added to party Sierra Club(pty:pla) (mpl). (Entered: 11/22/2017)
2017-11-2230MOTION for Summary Judgment by California Coastal Commission, The, People of the State of California, The. (Attachments: # 1 Statement of Facts, # 2 Memo of Points and Authorities, # 3 Declaration of Michael Cayaban, # 4 Exhibit 1-5, # 5 Exhibit 6-9, # 6 Exhibit 10-26, # 7 Declaration Kevin Clark, # 8 Declaration S. Vanderplank, # 9 Declaration Mark Delaplaine)(Cayaban, Michael) (mpl). (Entered: 11/22/2017)
2017-11-2231NOTICE by Animal Legal Defense Fund, Defenders of Wildlife, Sierra Club re 29 MOTION for Summary Judgment (Paben, Brett) (mpl). (Entered: 11/22/2017)
2017-11-2732Amended DECLARATION re 30 MOTION for Summary Judgment Am. Decl. of Michael Cayaban to include Table of Contents missing page by Plaintiffs California Coastal Commission, The, People of the State of California, The. (Cayaban, Michael) (dlg). (Entered: 11/27/2017)
2017-12-1233AMENDED DOCUMENT by Animal Legal Defense Fund, Defenders of Wildlife, Sierra Club. Amendment to 29 MOTION for Summary Judgment # 2 Statement of Facts . (Attachments: # 1 Declaration Timothy R. Ryan, # 2 Declaration Robert Knaier, # 3 Declaration Jill Marie Holslin)(Paben, Brett) (dlg). (Entered: 12/12/2017)
2017-12-1434SUMMONS Returned Executed by Center for Biological Diversity. Elaine Duke served. (Segee, Brian) (dlg). (Entered: 12/14/2017)
2017-12-2035Cross MOTION for Summary Judgment and Opposition to Plaintiffs' Motions for Summary Judgment by Acting Commissioner Kevin K. McAleenan, Elaine Duke, U.S. Customs and Border Protections, U.S. Department of Homeland Security, United States of America. (Attachments: # 1 Memo of Points and Authorities, # 2 Statement of Facts, # 3 Statement of Facts (Response to Plaintiffs' Statements), # 4 Exhibit 20, # 5 Exhibit 21, # 6 Exhibit 22, # 7 Proof of Service)(Thorp, Galen) (dlg). Modified on 1/12/2018 to send QC email for attorney to submit courtesy copies (dlg). (Entered: 12/20/2017)
2018-01-0536REPLY to Response to Motion re 28 Cross MOTION for Summary Judgment filed by Center for Biological Diversity. (Segee, Brian) (dlg). Modified on 1/17/2018 to send qc email for attorney to submit courtesy copies (dlg). (Entered: 01/05/2018)
2018-01-0537MOTION for Leave to File NOTICE OF MOTION AND MOTION BY MEMBERS OF THE CONGRESSIONAL HISPANIC CAUCUS FOR LEAVE TO FILE AMICUS CURIAE BRIEF IN SUPPORT OF PLAINTIFFS MOTION FOR SUMMARY JUDGMENT by Members of the Congressional Hispanic Caucus. (Attachments: # 1 Memo of Points and Authorities MEMORANDUM OF POINTS AND AUTHORITIES BY MEMBERS OF THE CONGRESSIONAL HISPANIC CAUCUS IN SUPPORT OF PLAINTIFFS MOTIONS FOR SUMMARY JUDGMENT, # 2 [PROPOSED] ORDER GRANTING LEAVE TO FILE AMICUS CURIAE BRIEF BY MEMBERS OF THE CONGRESSIONAL HISPANIC CAUCUS)(Sivas, Deborah)Attorney Deborah Ann Sivas added to party Members of the Congressional Hispanic Caucus(pty:am) (dlg). (Entered: 01/05/2018)
2018-01-0538RESPONSE in Opposition re 35 Cross MOTION for Summary Judgment and Opposition to Plaintiffs' Motions for Summary Judgment - Coalition Plaintiffs Combined Memorandum in Opposition to Defendants Cross-Motion for Summary Judgment and Reply to Defendants Motion for Summary Judgment filed by Sierra Club. (Attachments: # 1 Statement of Facts Response to Defendants Statement of Undisputed Material Facts)(Smith, Gloria) (dlg). Modified on 1/17/2018 to send qc email for attorney to submit courtesy copies(dlg). (Entered: 01/05/2018)
2018-01-0539REPLY to Response to Motion re 35 Cross MOTION for Summary Judgment and Opposition to Plaintiffs' Motions for Summary Judgment , 30 MOTION for Summary Judgment filed by California Coastal Commission, The. (Attachments: # 1 Supplement California's Response to Defendants' Statement of Undisputed Facts and Supplemental Statement of Facts in Opposition to Defendant's Cross-Motion for Summary Judgment)(Cayaban, Michael) (dlg). (Entered: 01/05/2018)
2018-01-1640MOTION for Extension of Time to File Response/Reply (with consent of all plaintiffs) by Elaine Duke, U.S. Customs and Border Protections, U.S. Department of Homeland Security, United States of America. (Thorp, Galen) Modified on 1/17/2018 to send qc email for attorney to submit proposed order (dlg). (Entered: 01/16/2018)
2018-01-1841ORDER Granting Defendants' Unopposed 40 Motion for Extension of Time. Defendants' reply brief in support of their motion for summary judgment shall be due on or before January 23, 2018. Signed by Judge Gonzalo P. Curiel on 1/18/18. (dlg) (Entered: 01/18/2018)
2018-01-2342REPLY to Response to Motion re 35 Cross MOTION for Summary Judgment and Opposition to Plaintiffs' Motions for Summary Judgment filed by Acting Commissioner Kevin K. McAleenan, Elaine Duke, U.S. Customs and Border Protections, U.S. Department of Homeland Security, United States of America. (Attachments: # 1 Statement of Facts (Revised Resp. to Cal. Stmt.), # 2 Exhibit 23, # 3 Exhibit 24, # 4 Exhibit 25, # 5 Exhibit 26, # 6 Exhibit 27, # 7 Proof of Service)(Thorp, Galen) (dlg). (Entered: 01/23/2018)
2018-02-0743ORDER Granting 37 Motion for Leave to File Amicus Curiae Brief by Members of the Congressional Hispanic Caucus. Signed by Judge Gonzalo P. Curiel on 2/7/18. (dlg) (Entered: 02/07/2018)
2018-02-0944Minute Order. for proceedings held before Judge Gonzalo P. Curiel: Motion Hearing held on 2/9/2018. re 18 Motion to Dismiss - Submitted; 28 Motion for Summary Judgment - Submitted; 29 Motion for Summary Judgment - submitted; 30 Motion for Summary Judgment - Submitted; 35 Motion for Summary Judgment - Submitted; Court directs parties to brief the issue re consultation and briefs due by Close of Business on 2/13/18. Then Court to issue written Order. (Court Reporter/ECR Chari Bowery). (Plaintiff Attorney Michael Cayaban; Noah Golden Frasner; Brian Segee, Brendan Cummings and Sarah Hanneken (Animal Legal Defense Fund)).(Defendant Attorney Galen Thorp. (Michael Felts (CBP) and William Bresnick (DHS)). (no document attached) (ksr) (Entered: 02/09/2018)
2018-02-1245NOTICE OF FILING OF OFFICIAL TRANSCRIPT (Motion Hearing) held on 2/9/2018, before Judge Gonzalo P. Curiel. Court Reporter/Transcriber: Chari L. Bowery. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 3/5/2018. Redacted Transcript Deadline set for 3/15/2018. Release of Transcript Restriction set for 5/14/2018. (akr) (Entered: 02/13/2018)
2018-02-1346RESPONSE re 44 Order on Motion for Summary Judgment, Order on Motion to Dismiss, Motion Hearing, Motions Submitted, filed by Animal Legal Defense Fund, Defenders of Wildlife, Sierra Club. (Smith, Gloria) (dlg). (Entered: 02/13/2018)
2018-02-1347SUPPLEMENTAL BRIEFING by Plaintiff Center for Biological Diversity re 28 Cross MOTION for Summary Judgment regarding consultation . (Segee, Brian) (dlg). (Entered: 02/13/2018)
2018-02-1348SUPPLEMENTAL BRIEFING by Plaintiff California Coastal Commission, The re 30 MOTION for Summary Judgment . (Cayaban, Michael) (dlg). (Entered: 02/13/2018)
2018-02-1349SUPPLEMENTAL BRIEFING by Defendants U.S. Customs and Border Protections, U.S. Department of Homeland Security, United States of America . (Attachments: # 1 Exhibit 28, # 2 Exhibit 29, # 3 Exhibit 30, # 4 Exhibit 31, # 5 Exhibit 31.A, # 6 Exhibit 31.B, # 7 Exhibit 31.C, # 8 Exhibit 31.D, # 9 Exhibit 31.E, # 10 Exhibit 31.F, # 11 Exhibit 31.G, # 12 Exhibit 31.H-Q, # 13 Exhibit 31.R-T, # 14 Exhibit 31.U, # 15 Proof of Service)(Thorp, Galen) (dlg). (Entered: 02/13/2018)
2018-02-2750ORDER Denying Plaintiffs' Motions for Summary Judgment and Granting Defendants' Motions for Summary Judgment (ECF Nos. 18 , 28 , 29 , 30 , 35 ). The Court denies Plaintiffs' motions for summary judgment and grants Defendants' motions for summary judgment with the exception of the Center Plaintiff's seventh cause of action for FOIA violations. Signed by Judge Gonzalo P. Curiel on 2/27/18. (dlg) (Entered: 02/27/2018)
2018-03-2151Notice of Document Discrepancies and Order Thereon by Judge Gonzalo P. Curiel Rejecting Document: Emergency Motion to Intervene for a Declaratory Judgment as Necessary Parties for "Remediation of Defendants' Inability to Timely Resolve Immigration Border Wall and [DACA/DAPA] Solution", With Brief-In-Support. Non-compliance with local rule(s), OTHER: Failure to comply with intervention under Federal Rule of Civil Procedure 24, Rejected document was returned to the filer. Signed by Judge Gonzalo P. Curiel on 3/21/18.(All non-registered users served via U.S. Mail Service)(dlg) (Additional attachment(s) added on 3/21/2018: # 1 Rejected Document) (dlg). (Entered: 03/21/2018)
2018-03-2352Joint MOTION to Dismiss Plaintiff's FOIA Claims by Center for Biological Diversity. (Segee, Brian) (dlg). Modified on 3/26/2018 to send qc email for attorney to submit proposed order (dlg). (Entered: 03/23/2018)
2018-03-2653ORDER Granting Joint 52 Motion for Dismissal of FOIA Claims With Prejudice. Signed by Judge Gonzalo P. Curiel on 3/26/18. (dlg) (Entered: 03/26/2018)
2018-03-2654CLERK'S JUDGMENT re 50 . The Court DENIES Plaintiffs' motions for summary judgment and GRANTS Defendants' motions for summary judgment (dlg) (Main Document 54 replaced on 3/26/2018 to edit text in clerk's judgment per dj chambers) ( (Entered: 03/26/2018)
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