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Case TitleSOUTHERN UTAH WILDERNESS ALLIANCE et al v. U.S. DEPARTMENT OF THE INTERIOR et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2017cv02314
Date Filed2017-11-02
Date ClosedOpen
JudgeJudge Emmet G. Sullivan
PlaintiffSOUTHERN UTAH WILDERNESS ALLIANCE
PlaintiffNATURAL RESOURCES DEFENSE COUNCIL, INC.
PlaintiffWILDERNESS SOCIETY
PlaintiffGRAND CANYON TRUST
PlaintiffSIERRA CLUB
PlaintiffGREAT OLD BROADS FOR WILDERNESS
Case DescriptionSouthern Utah Wilderness Alliance and five other environmental advocacy groups submitted seven FOIA requests to the Department of the Interior, the Bureau of Land Management, and the Council of Environmental Quality for records concerning the agency's review of national monuments. The agencies acknowledged receipt of the requests, but after hearing nothing further from the agencies, Southern Utah Wilderness Alliance and the five other environmental advocacy groups filed suit.
Complaint issues: Litigation - Attorney's fees, Adequacy - Search, Failure to respond within statutory time limit, Public Interest Fee Waiver

DefendantU.S. DEPARTMENT OF THE INTERIOR
DefendantU.S. BUREAU OF LAND MANAGEMENT
DefendantCOUNCIL ON ENVIRONMENTAL QUALITY
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
Complaint attachment 7
Complaint attachment 8
Complaint attachment 9
Complaint attachment 10
Complaint attachment 11
Complaint attachment 12
Complaint attachment 13
Complaint attachment 14
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2017-11-021COMPLAINT against U.S. BUREAU OF LAND MANAGEMENT, U.S. DEPARTMENT OF THE INTERIOR (Fee Status $ 400 receipt number 0090-5188033) filed by GREAT OLD BROADS FOR WILDERNESS, SOUTHERN UTAH WILDERNESS ALLIANCE, GRAND CANYON TRUST, The Wilderness Society, NATURAL RESOURCES DEFENSE COUNCIL, INC., SIERRA CLUB. (Attachments: # 1 Civil Cover Sheet, # 2 Civil Cover Sheet Attachment, # 3 Exhibit A, # 4 Exhibit B, # 5 Exhibit C, # 6 Exhibit D, # 7 Exhibit E, # 8 Exhibit F, # 9 Exhibit G, # 10 Summons Council on Environmental Quality, # 11 Summons Jessie K. Liu - US Attorney for D.C., # 12 Summons Jeff Sessions - US Attorney General, # 13 Summons US Bureau of Land Management, # 14 Summons US Department of the Interior)(Dumais, Laura) Modified to include receipt of payment on 11/6/2017 (jd). (Entered: 11/02/2017)
2017-11-022ENTERED IN ERROR.....COMPLAINT against U.S. BUREAU OF LAND MANAGEMENT, U.S. DEPARTMENT OF THE INTERIOR ( Filing fee $ 400 receipt number 0090-5188033) filed by GREAT OLD BROADS FOR WILDERNESS, SOUTHERN UTAH WILDERNESS ALLIANCE, GRAND CANYON TRUST, The Wilderness Society, NATURAL RESOURCES DEFENSE COUNCIL, INC., SIERRA CLUB.(Dumais, Laura) Modified on 11/6/2017 (jd). (Entered: 11/02/2017)
2017-11-023Corporate Disclosure Statement by GRAND CANYON TRUST.(Dumais, Laura) Modified to correct filing party on 11/6/2017 (jd). (Entered: 11/02/2017)
2017-11-024Corporate Disclosure Statement by GREAT OLD BROADS FOR WILDERNESS. (Dumais, Laura) Modified to correct filing party on 11/6/2017 (jd). (Entered: 11/02/2017)
2017-11-025Corporate Disclosure Statement by NATURAL RESOURCES DEFENSE COUNCIL, INC. (Dumais, Laura) Modified to correct filing party on 11/6/2017 (jd). (Entered: 11/02/2017)
2017-11-026Corporate Disclosure Statement by SIERRA CLUB. (Dumais, Laura) Modified to correct filing party on 11/6/2017 (jd). (Entered: 11/02/2017)
2017-11-027Corporate Disclosure Statement by SOUTHERN UTAH WILDERNESS ALLIANCE, The Wilderness Society. (Dumais, Laura) Modified to correct filing party on 11/6/2017 (jd). (Entered: 11/02/2017)
2017-11-028Corporate Disclosure Statement by THE WILDERNESS SOCIETY. (Dumais, Laura) Modified to correct filing party on 11/6/2017 (jd). (Entered: 11/02/2017)
2017-11-029MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Heidi J. McIntosh, :Firm- Earthjustice, :Address- 633 17th Street, Suite 1600, Denver, CO 80202. Phone No. - 303-623-9466. Fax No. - 303-623-8083 Filing fee $ 100, receipt number 0090-5188303. Fee Status: Fee Paid. by GRAND CANYON TRUST, GREAT OLD BROADS FOR WILDERNESS, NATURAL RESOURCES DEFENSE COUNCIL, INC., SIERRA CLUB, SOUTHERN UTAH WILDERNESS ALLIANCE, The Wilderness Society (Attachments: # 1 Affidavit, # 2 Text of Proposed Order)(Dumais, Laura) (Entered: 11/02/2017)
2017-11-0210MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Yuting Chi, :Firm- Earthjustice, :Address- 633 17th Street, Suite 1600, Denver, CO 80202. Phone No. - 303-623-9466. Fax No. - 303-623-8083 Filing fee $ 100, receipt number 0090-5188343. Fee Status: Fee Paid. by GRAND CANYON TRUST, GREAT OLD BROADS FOR WILDERNESS, NATURAL RESOURCES DEFENSE COUNCIL, INC., SIERRA CLUB, SOUTHERN UTAH WILDERNESS ALLIANCE, The Wilderness Society (Attachments: # 1 Affidavit, # 2 Text of Proposed Order)(Dumais, Laura) (Entered: 11/02/2017)
2017-11-02Case Assigned to Judge Emmet G. Sullivan. (jd) (Entered: 11/06/2017)
2017-11-0611SUMMONS (5) Issued Electronically as to COUNCIL ON ENVIRONMENTAL QUALITY, U.S. BUREAU OF LAND MANAGEMENT, U.S. DEPARTMENT OF THE INTERIOR, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(jd) (Entered: 11/06/2017)
2017-11-0612STANDING 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 11/06/17. (Attachments: # 1 Exhibit 1) (mac) (Entered: 11/06/2017)
2017-11-2713NOTICE of Appearance by Damon William Taaffe on behalf of All Defendants (Taaffe, Damon) (Entered: 11/27/2017)
2017-11-27MINUTE ORDER granting 9 , 10 motions for leave to appear pro hac vice. Heidi McIntosh and Yuting Chi are hereby admitted to practice in this matter. Signed by Judge Emmet G. Sullivan on 11/27/2017. (lcegs3) (Entered: 11/27/2017)
2017-11-3014RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney General. Date of Service Upon United States Attorney General on 11/13/2017. . (Dumais, Laura) Modified on 12/1/2017 to correct filer and docket text (jf). (Entered: 11/30/2017)
2017-11-3015RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 11/13/2017. Answer due for ALL FEDERAL DEFENDANTS by 12/13/2017. (Dumais, Laura) (Entered: 11/30/2017)
2017-11-3016RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF THE INTERIOR served on 11/13/2017 (Dumais, Laura) (Entered: 11/30/2017)
2017-11-3017RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. BUREAU OF LAND MANAGEMENT served on 11/14/2017 (Dumais, Laura) (Entered: 11/30/2017)
2017-11-3018RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. COUNCIL ON ENVIRONMENTAL QUALITY served on 11/20/2017 (Dumais, Laura) (Entered: 11/30/2017)
2017-12-1319ANSWER to 1 Complaint by COUNCIL ON ENVIRONMENTAL QUALITY, U.S. BUREAU OF LAND MANAGEMENT, U.S. DEPARTMENT OF THE INTERIOR.(Taaffe, Damon) Modified to add link on 12/14/2017 (znmw). (Entered: 12/13/2017)
2018-02-12MINUTE 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 March 12, 2018. The parties' joint proposed scheduling order shall address the following: (1) The status of plaintiff's FOIA request; (2) The anticipated number of documents responsive to plaintiff's FOIA request; (3) The anticipated date(s) for release of documents responsive to plaintiff's 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 party's individual recommendations. Signed by Judge Emmet G. Sullivan on 2/12/2018. (lcegs3) (Entered: 02/12/2018)
2018-02-12Set/Reset Deadlines: Joint Scheduling Order For Further Proceedings due by 3/12/2018. (mac) (Entered: 02/12/2018)
2018-03-0920NOTICE of Appearance by April Denise Seabrook on behalf of All Defendants (Seabrook, April) (Entered: 03/09/2018)
2018-03-0921Consent MOTION for Extension of Time to File Joint Proposed Schedule by COUNCIL ON ENVIRONMENTAL QUALITY, U.S. BUREAU OF LAND MANAGEMENT, U.S. DEPARTMENT OF THE INTERIOR (Seabrook, April) (Entered: 03/09/2018)
2018-03-13MINUTE ORDER granting 21 defendants' consent motion for extension of time to file joint proposed schedule. The parties shall therefore file their joint proposed schedule by March 19, 2018. Signed by Judge Emmet G. Sullivan on 3/13/2018. (lcegs3) (Entered: 03/13/2018)
2018-03-13Set/Reset Deadlines: Joint Proposed Schedule due by 3/19/2018 (mac) (Entered: 03/13/2018)
2018-03-1922Joint STATUS REPORT and Proposed Scheduling Order by GRAND CANYON TRUST, GREAT OLD BROADS FOR WILDERNESS, NATURAL RESOURCES DEFENSE COUNCIL, INC., SIERRA CLUB, SOUTHERN UTAH WILDERNESS ALLIANCE, WILDERNESS SOCIETY. (Attachments: # 1 Text of Proposed Order)(Chi, Yuting) (Entered: 03/19/2018)
2018-03-20MINUTE ORDER in view of 22 joint status report, in which the parties note their disagreements concerning document production deadlines, it is hereby ORDERED that the parties shall adhere to the following production schedule with respect to the plaintiffs' FOIA request: (1) CEQ shall finish processing 67% of all responsive electronic records and issue a FOIA response to plaintiffs with any additional records by April 2, 2018; (2) CEQ shall finish processing 100% of all responsive electronic records and issue a FOIA response to plaintiffs with any additional records by May 1, 2018; (3) CEQ shall begin processing responsive paper records by May 2, 2018; and (4) CEQ shall confer with plaintiffs regarding the number of potentially responsive paper records and the anticipated dates for release of those records by May 11, 2018. It is FURTHER ORDERED that defendants Department of Interior (DOI) and Bureau of Land Management (BLM) shall review 1,500 pages of potentially responsive records per month and release the responsive documents. DOI and BLM may make these releases available on the Interior website, but BLM and DOI MUST identify within each release the documents that are responsive to plaintiffs' six particular FOIA requests. It is FURTHER ORDERED that parties shall jointly file another status report by May 16, 2018. The status report should present additional proposed deadlines and recommendations for further proceedings. Signed by Judge Emmet G. Sullivan on 3/20/2018. (lcegs3) (Entered: 03/20/2018)
2018-03-22Set/Reset Deadlines: Status Report due by 5/16/2018 (mac) (Entered: 03/22/2018)
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by FOIA Project Staff