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Case TitlePUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY v. UNITED STATES DEPARTMENT OF AGRICULTURE
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2017cv01374
Date Filed2017-07-13
Date ClosedOpen
JudgeJudge Colleen Kollar-Kotelly
PlaintiffPUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY
Case DescriptionPublic Employees for Environmental Responsibility submitted a FOIA request to the Department of Agriculture for records concerning an Inspector General's report entitled "NRCS: Wetland Conservation Provisions in the Prairie Pothole Region." The agency acknowledged receipt of the request, but after hearing nothing further from the agency, PEER filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantUNITED STATES DEPARTMENT OF AGRICULTURE
DefendantUNITED STATES DEPARTMENT OF AGRICULTURE
1400 Independence Ave. SW
Washington, DC 20250
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

2017-07-131COMPLAINT against UNITED STATES DEPARTMENT OF AGRICULTURE ( Filing fee $ 400 receipt number 0090-5030288) filed by PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY. (Attachments: # 1 Summons DOJ, # 2 Summons Attorney General, # 3 Summons USDA, # 4 Civil Cover Sheet, # 5 Supplement)(Dinerstein, Paula) (Entered: 07/13/2017)
2017-07-13Case Assigned to Judge Colleen Kollar-Kotelly. (sth) (Entered: 07/14/2017)
2017-07-142SUMMONS (2) Issued Electronically as to UNITED STATES DEPARTMENT OF AGRICULTURE and U.S. Attorney General (Attachments: # 1 Summons, # 2 Summons)(sth) (Entered: 07/14/2017)
2017-07-143REQUEST FOR SUMMONS TO ISSUE filed by PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY.(Dinerstein, Paula) (Entered: 07/14/2017)
2017-07-184SUMMONS (1) Issued Electronically as to U.S. Attorney (jf) Modified party served on 7/19/2017 (znmw). (Entered: 07/18/2017)
2017-07-205ORDER ESTABLISHING PROCEDURES FOR CASES ASSIGNED TO JUDGE COLLEEN KOLLAR-KOTELLY. Signed by Judge Colleen Kollar-Kotelly on 7/20/17.(DM) (Entered: 07/20/2017)
2017-07-256RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 7/24/2017. Answer due for ALL FEDERAL DEFENDANTS by 8/23/2017. (Dinerstein, Paula) (Entered: 07/25/2017)
2017-07-257RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 7/24/2017., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES DEPARTMENT OF AGRICULTURE served on 7/21/2017. (See Docket Entry 6 to view document). (znmw) (Entered: 07/26/2017)
2017-08-228NOTICE of Appearance by Melanie Dyani Hendry on behalf of UNITED STATES DEPARTMENT OF AGRICULTURE (Hendry, Melanie) (Entered: 08/22/2017)
2017-08-229ANSWER to Complaint by UNITED STATES DEPARTMENT OF AGRICULTURE.(Hendry, Melanie) (Entered: 08/22/2017)
2017-08-2810ORDER. The parties shall file the schedule not later than OCTOBER 2, 2017. Signed by Judge Colleen Kollar-Kotelly on 8/28/2017. (lcckk1) (Entered: 08/28/2017)
2017-08-28Set/Reset Deadlines: Joint Meet & Confer Statement due by 10/2/2017. (dot) (Entered: 09/01/2017)
2017-09-2811Joint STATUS REPORT by UNITED STATES DEPARTMENT OF AGRICULTURE. (Hendry, Melanie) (Entered: 09/28/2017)
2017-10-05MINUTE ORDER: The Court has received the parties' 11 Joint Proposed Schedule and Status Report. In light of the parties' representation that they are engaged in discussions that may narrow the scope of Plaintiff's FOIA request, the parties shall file a further Joint Status Report on NOVEMBER 2, 2017, updating the Court on their progress, and indicating how they intend to proceed. Signed by Judge Colleen Kollar-Kotelly on 10/5/2017. (lcckk1) (Entered: 10/05/2017)
2017-10-05Set/Reset Deadlines: Joint Status Report due by 11/2/2017. (dot) (Entered: 10/05/2017)
2017-10-3112Joint STATUS REPORT by UNITED STATES DEPARTMENT OF AGRICULTURE. (Hendry, Melanie) (Entered: 10/31/2017)
2017-11-17MINUTE ORDER: The Court has received the parties' 12 Joint Proposed Schedule and Status Report. In light of the parties' representation that they conferred and agreed to narrow the scope of the FOIA request, and Defendant's representation that the agency has experienced staffing and technical issues with respect to processing documents within the remaining scope, the parties shall file a further Joint Status Report on or before FEBRUARY 1, 2018 , updating the Court on their progress, and indicating how they intend to proceed. Signed by Judge Colleen Kollar-Kotelly on November 17, 2017. (lcckk1) (Entered: 11/17/2017)
2017-11-17Set/Reset Deadlines: Joint Status Report due by 2/1/2018. (dot) (Entered: 11/22/2017)
2018-02-0113Joint STATUS REPORT by UNITED STATES DEPARTMENT OF AGRICULTURE. (Hendry, Melanie) (Entered: 02/01/2018)
2018-02-02MINUTE ORDER: The Court has received the parties' 13 Joint Proposed Schedule and Status Report. The parties represent that Defendant's search for and processing of records response to Plaintiff's FOIA request is ongoing. Defendant has made rolling productions to Plaintiff since the parties' last Status Report, and will continue to make rolling productions each month going forward. Accordingly, the parties shall file a further Joint Status Report on or before APRIL 2, 2018, updating the Court on their progress, and indicating how they intend to proceed. Signed by Judge Colleen Kollar-Kotelly on 2/2/2018. (lcckk3) (Entered: 02/02/2018)
2018-02-02Set/Reset Deadlines: Joint Status Report due by 4/2/2018. (dot) (Entered: 02/05/2018)
2018-04-0214Joint STATUS REPORT by UNITED STATES DEPARTMENT OF AGRICULTURE. (Hendry, Melanie) (Entered: 04/02/2018)
2018-04-13MINUTE ORDER: The Court has received the parties' 14 Joint Status Report. Defendant has made rolling productions to Plaintiff since the parties' 13 Joint Proposed Schedule and Status Report, and will continue to make rolling productions each month going forward. Accordingly, the parties shall file a further Joint Status Report on or before JUNE 15, 2018 , updating the Court on their progress, and indicating how they intend to proceed. Signed by Judge Colleen Kollar-Kotelly on April 13, 2018. (lcckk1) (Entered: 04/13/2018)
2018-04-13Set/Reset Deadlines: Joint Status Report due by 6/15/2018. (dot) (Entered: 04/13/2018)
2018-06-1415Joint STATUS REPORT by UNITED STATES DEPARTMENT OF AGRICULTURE. (Hendry, Melanie) (Entered: 06/14/2018)
2018-07-09MINUTE ORDER: The Court has received the parties' 15 Joint Status Report. Defendant has continued processing records and indicates that it will make rolling productions each month going forward. Accordingly, the parties shall file a further Joint Status Report on or before SEPTEMBER 14, 2018 , updating the Court on their progress, and indicating how they intend to proceed. As part of this update, the Joint Status Report shall specify the total number of pages that Defendant has released to date, as well as the total number of pages released since the parties' last 15 Joint Status Report. Signed by Judge Colleen Kollar-Kotelly on July 9, 2018. (lcckk1 ) (Entered: 07/09/2018)
2018-07-09Set/Reset Deadlines: Joint Status Report due by 9/14/2018. (dot) (Entered: 07/11/2018)
2018-09-1316Joint STATUS REPORT by UNITED STATES DEPARTMENT OF AGRICULTURE. (Hendry, Melanie) (Entered: 09/13/2018)
2018-09-17MINUTE ORDER: The Court has received the parties' 16 Joint Status Report. Defendant has continued processing records and indicates that it will make rolling productions each month going forward. Accordingly, the parties shall file a further Joint Status Report on or before NOVEMBER 14, 2018 , updating the Court on their progress, and indicating how they intend to proceed. As part of this update, the Joint Status Report shall specify the total number of pages that Defendant has released to date, as well as the total number of pages released since the parties' last 16 Joint Status Report. The parties shall continue to file Joint Status Reports every 60 days thereafter, unless and until the Court orders otherwise. Signed by Judge Colleen Kollar-Kotelly on September 17, 2018. (lcckk1) (Entered: 09/17/2018)
2018-09-17Set/Reset Deadlines: Joint Status Report due by 11/14/2018, updating the Court on their progress, and indicating how they intend to proceed. (dot) (Entered: 09/19/2018)
2018-11-1417Joint STATUS REPORT by UNITED STATES DEPARTMENT OF AGRICULTURE. (Hendry, Melanie) (Entered: 11/14/2018)
2018-11-15MINUTE ORDER: The Court has received the parties' 17 Joint Status Report. Defendant has continued processing records and indicates that it will make rolling productions each month going forward. In light of the parties' request for a one-time variance in the Court's instructions regarding ongoing future Joint Status Reports, the Court shall permit the parties to file their next Joint Status Report by JANUARY 28, 2019 . Otherwise, the Court does not alter its instructions in its Minute Order of September 17, 2018, regarding the content and timing of Joint Status Reports. Signed by Judge Colleen Kollar-Kotelly on November 15, 2018. (lcckk1) (Entered: 11/15/2018)
2018-11-15Set/Reset Deadlines: Joint Status Report due by 1/28/2019. (dot) (Entered: 12/06/2018)
2019-01-31MINUTE ORDER: The Court has not received the parties' Joint Status Report due by January 28, 2019. They shall submit this Joint Status Report by FEBRUARY 4, 2019 . Signed by Judge Colleen Kollar-Kotelly on January 31, 2019. (lcckk1) (Entered: 01/31/2019)
2019-01-31Set/Reset Deadlines: Joint Status Report due by 2/4/2019. (dot) (Entered: 02/01/2019)
2019-02-1218Joint MOTION for Extension of Time to File Joint Status Report by UNITED STATES DEPARTMENT OF AGRICULTURE (Attachments: # 1 Joint Status Report)(Hendry, Melanie) (Entered: 02/12/2019)
2019-02-13MINUTE ORDER: The Court has received the parties' 18 Joint Motion for Nunc Pro Tunc Extension of Time. The parties discuss the reasons for their failure to comply with the Court's initial or revised deadlines for their Joint Status Report. See Min. Order of Nov. 15, 2018; Min. Order of Jan. 31, 2019. Based on their showing of excusable neglect, the Court shall GRANT the parties' 18 Joint Motion. See Fed. R. Civ. P. 6(b)(1)(B). The Court shall extend the parties' deadline nunc pro tunc until February 12, 2019, the date on which they filed their [18-1] Joint Status Report. Accordingly, the Court shall consider the parties' [18-1] Joint Status Report on the merits. Defendant has continued processing records and indicates that it will make rolling productions each month going forward. Accordingly, the parties shall file a further Joint Status Report on or before APRIL 15, 2019 , updating the Court on their progress, and indicating how they intend to proceed. As part of this update, the Joint Status Report shall specify the total number of pages that Defendant has released to date, as well as the total number of pages released since the parties' last [18-1] Joint Status Report. The parties shall continue to file Joint Status Reports every 60 days thereafter, unless and until the Court orders otherwise. Signed by Judge Colleen Kollar-Kotelly on February 13, 2019. (lcckk1) (Entered: 02/13/2019)
2019-02-13Set/Reset Deadlines: Joint Status Report due by 4/15/2019, updating the Court on their progress, and indicating how they intend to proceed. (dot) (Entered: 02/13/2019)
2019-04-1519Joint STATUS REPORT by UNITED STATES DEPARTMENT OF AGRICULTURE. (Hendry, Melanie) (Entered: 04/15/2019)
2019-04-17MINUTE ORDER: The Court has received the parties' 19 Joint Status Report. Defendant has continued processing records and indicates that it will make rolling productions each month going forward. The parties request a variance in the deadline for their next Joint Status Report, which the Court shall permit, for good cause shown. Accordingly, the parties shall file a further Joint Status Report on or before JUNE 21, 2019 , updating the Court on their progress, and indicating how they intend to proceed. As part of this update, the Joint Status Report shall specify the total number of pages that Defendant has released to date, as well as the total number of pages released since the parties' last 19 Joint Status Report. The parties shall continue to file Joint Status Reports every 60 days thereafter, unless and until the Court orders otherwise. Signed by Judge Colleen Kollar-Kotelly on April 17, 2019. (lcckk1) (Entered: 04/17/2019)
2019-04-17Set/Reset Deadlines: Joint Status Report due by 6/21/2019, updating the Court on their progress, and indicating how they intend to proceed. (dot) (Entered: 04/18/2019)
2019-06-1720Joint STATUS REPORT by UNITED STATES DEPARTMENT OF AGRICULTURE. (Hendry, Melanie) (Entered: 06/17/2019)
2019-08-0721NOTICE OF SUBSTITUTION OF COUNSEL by John Moustakas on behalf of UNITED STATES DEPARTMENT OF AGRICULTURE Substituting for attorney Melanie Hendry (Moustakas, John) (Entered: 08/07/2019)
2019-08-1622Joint STATUS REPORT by PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY. (Dinerstein, Paula) (Entered: 08/16/2019)
2019-11-07MINUTE ORDER: The Court has received the parties' August 16, 2019 22 Joint Status Report, in which the parties indicated that they would file a further joint status report with this Court on or before October 20, 2019 pursuant to this Courts April 17, 2019 Minute Order. However, as of November 7, 2019, the Court has not yet received a further status report from the parties. The parties shall file a joint status report updating the Court on their progress and indicating how they intend to proceed by NOVEMBER 21, 2019 and every 60 days thereafter, unless and until the Court orders otherwise . Signed by Judge Colleen Kollar-Kotelly on November 7, 2019. (lccck1) (Entered: 11/07/2019)
2019-11-07Set/Reset Deadlines: Joint Status Report due by 11/21/2019, updating the Court on their progress and indicating how they intend to proceed. (dot) (Entered: 11/08/2019)
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