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Case TitleWILDEARTH GUARDIANS v. U.S. OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2017cv02224
Date Filed2017-10-26
Date Closed2018-06-19
JudgeJudge Dabney L. Friedrich
PlaintiffWILDEARTH GUARDIANS
Case DescriptionWildlife Guardians submitted a FOIA request to the Office of Surface Mining for records related to the March 22, 2017 Notice of Intent to Initiate Public Scoping and Prepare an Environmental Impact Statement for the San Juan Mine Deep Lease Extension Mining Plan Modification. The agency acknowledged receipt of the request and told Wildlife Guardians that its request would be put in the complex queue. After hearing nothing further from the agency, Wildlife Guardians filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantOFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT
DefendantU.S. OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2017-10-261COMPLAINT against OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT ( Filing fee $ 400 receipt number 0090-5177678) filed by WILDEARTH GUARDIANS. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons, # 4 Summons)(Nokes, Kelly) (Attachment 1 replaced on 10/27/2017) (jd). Modified to replace fillable civil cover sheet on 10/27/2017 (jd). (Entered: 10/26/2017)
2017-10-262Corporate Disclosure Statement by WILDEARTH GUARDIANS. (Nokes, Kelly) (Entered: 10/26/2017)
2017-10-26Case Assigned to Judge Amit P. Mehta. (jd) (Entered: 10/27/2017)
2017-10-273SUMMONS (3) Issued Electronically as to U.S. OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(jd) (Entered: 10/27/2017)
2017-11-274RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 11/7/2017. Answer due for ALL FEDERAL DEFENDANTS by 12/7/2017. (Nokes, Kelly) (Entered: 11/27/2017)
2017-12-05Case directly reassigned to Judge Dabney L. Friedrich. Judge Amit P. Mehta is no longer assigned to the case. (ztnr) (Entered: 12/05/2017)
2017-12-125Unopposed MOTION for Extension of Time to File by U.S. OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT (Attachments: # 1 Text of Proposed Order)(Peterson, Benton) (Entered: 12/12/2017)
2017-12-146NOTICE of Appearance by Neil S. Kagan on behalf of WILDEARTH GUARDIANS (Kagan, Neil) (Main Document 6 replaced on 12/15/2017) (znmw). (Entered: 12/14/2017)
2017-12-15MINUTE ORDER granting 5 Unopposed Motion to Extend Deadline. Accordingly, Defendant shall file its response to Plaintiff's Complaint on or before January 17, 2018. Signed by Judge Dabney L. Friedrich on December 15, 2017. (JPF) (Entered: 12/15/2017)
2017-12-18Set/Reset Deadlines: Responses due by 1/17/2018. (jl) (Entered: 12/18/2017)
2018-01-167ANSWER to 1 Complaint by U.S. OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT.(Peterson, Benton) Modified to add link on 1/17/2018 (znmw). (Entered: 01/16/2018)
2018-02-22MINUTE ORDER requiring the parties to MEET AND CONFER and file a Joint Status Report proposing a schedule for further proceedings. The schedule should address the status of the plaintiff's FOIA request, the anticipated number of documents responsive to the request, the anticipated date(s) for release of the documents the plaintiff requested, whether a motion for an Open America stay is likely in this case, whether a Vaughn index will be required in this case, etc. The parties shall file the Joint Status Report no later than March 23, 2018. Signed by Judge Dabney L. Friedrich on February 22, 2018. (JK) (Entered: 02/22/2018)
2018-03-238Joint STATUS REPORT by WILDEARTH GUARDIANS. (Nokes, Kelly) (Entered: 03/23/2018)
2018-04-03MINUTE ORDER. Upon consideration of the parties' 8 Joint Status Report, it hereby is ORDERED that the parties shall submit another joint status report on or before April 23, 2018 that addresses the status of the case and, if necessary, proposes a schedule for further proceedings. Signed by Judge Dabney L. Friedrich on April 3, 2018. (JK) (Entered: 04/03/2018)
2018-04-239Joint STATUS REPORT by U.S. OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT. (Peterson, Benton) (Entered: 04/23/2018)
2018-04-24MINUTE ORDER. Upon consideration of the parties' 9 Joint Status Report, it hereby is ORDERED that the parties shall submit another joint status report on or before May 24, 2018 that addresses the status of the case and, if necessary, proposes a schedule for further proceedings. Signed by Judge Dabney L. Friedrich on April 24, 2018. (JK) (Entered: 04/24/2018)
2018-05-2410Joint STATUS REPORT by WILDEARTH GUARDIANS. (Nokes, Kelly) (Entered: 05/24/2018)
2018-05-25MINUTE ORDER. Upon consideration of the parties' 10 Joint Status Report, it is ORDERED that the parties shall submit a joint status report on or before June 14, 2018 that addresses the status of the case and, if necessary, proposes a schedule for further proceedings. Signed by Judge Dabney L. Friedrich on May 25, 2018. (JK) (Entered: 05/25/2018)
2018-05-3011NOTICE OF WITHDRAWAL OF APPEARANCE as to WILDEARTH GUARDIANS. Attorney Neil S. Kagan terminated. (Nokes, Kelly) (Entered: 05/30/2018)
2018-06-1412STIPULATION of Dismissal and Settlement by WILDEARTH GUARDIANS. (Nokes, Kelly) (Entered: 06/14/2018)
2018-06-1913ORDER approving the parties' 12 Stipulation of Settlement and Dismissal. See attached order for details. It is further ordered that the Clerk's Office shall close this case. Signed by Judge Dabney L. Friedrich on June 19, 2018. (JK) (Entered: 06/19/2018)
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by FOIA Project Staff
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