Skip to content

Case Detail

[Subscribe to updates]
Case TitleFRIENDS OF THE EARTH v. U.S. DEPARTMENT OF THE INTERIOR
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2017cv02505
Date Filed2017-11-20
Date ClosedOpen
JudgeJudge Timothy J. Kelly
PlaintiffFRIENDS OF THE EARTH
Case DescriptionFriends of the Earth submitted FOIA requests to the Department of the Interior for records concerning the participation by Secretary Ryan Zinke and Associate Deputy Secretary James Cason in the review of national monuments. The agency acknowledged receipt of the requests, but after hearing nothing further from the agency, Friends of the Earth filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantU.S. DEPARTMENT OF THE INTERIOR
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

2017-11-201COMPLAINT against U.S. DEPARTMENT OF THE INTERIOR ( Filing fee $ 400 receipt number 0090-5213345) filed by FRIENDS OF THE EARTH. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons, # 4 Summons)(Meyer, Katherine) (Entered: 11/20/2017)
2017-11-20Case Assigned to Judge Timothy J. Kelly. (jd) (Entered: 11/20/2017)
2017-11-202SUMMONS (3) Issued Electronically as to U.S. DEPARTMENT OF THE INTERIOR, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(jd) (Entered: 11/20/2017)
2017-12-283RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. FRIENDS OF THE EARTH served on 12/21/2017, RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 12/22/2017. ( Answer due for ALL FEDERAL DEFENDANTS by 1/21/2018.), RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 12/22/2017. (Attachments: # 1 Exhibit)(Meyer, Katherine) (Entered: 12/28/2017)
2018-01-034NOTICE of Appearance by William Lawton on behalf of FRIENDS OF THE EARTH (Lawton, William) (Entered: 01/03/2018)
2018-01-045NOTICE of Appearance by Jason Todd Cohen on behalf of U.S. DEPARTMENT OF THE INTERIOR (Cohen, Jason) (Entered: 01/04/2018)
2018-01-196MOTION for Extension of Time to File Answer re 1 Complaint, by U.S. DEPARTMENT OF THE INTERIOR (Attachments: # 1 Text of Proposed Order)(Cohen, Jason) (Entered: 01/19/2018)
2018-01-237RESPONSE re 6 MOTION for Extension of Time to File Answer re 1 Complaint, filed by FRIENDS OF THE EARTH. (Meyer, Katherine) (Entered: 01/23/2018)
2018-01-24MINUTE ORDER: It is hereby ORDERED that Defendant shall file any reply in support of its 6 Motion for Extension of Time by January 25, 2018. Signed by Judge Timothy J. Kelly on 1/24/2018. (lctjk1) (Entered: 01/24/2018)
2018-01-258REPLY to opposition to motion re 6 MOTION for Extension of Time to File Answer re 1 Complaint, filed by U.S. DEPARTMENT OF THE INTERIOR. (Attachments: # 1 Declaration of Clarice Julka executed Jan. 24, 2018)(Cohen, Jason) (Entered: 01/25/2018)
2018-01-25MINUTE ORDER granting, nunc pro tunc and for good cause shown, Defendant's 6 Motion for Extension of Time. It is hereby ORDERED that Defendant shall file its response to Plaintiff's complaint by February 26, 2018. Signed by Judge Timothy J. Kelly on 1/25/2018. (lctjk1) (Entered: 01/25/2018)
2018-02-269ANSWER to 1 Complaint by U.S. DEPARTMENT OF THE INTERIOR.(Cohen, Jason) Modified to add link on 2/27/2018 (znmw). (Entered: 02/26/2018)
2018-02-27MINUTE ORDER: Before the Court in this FOIA case are a complaint and an answer. It is hereby ORDERED that the parties shall meet, confer, and file a joint proposed schedule for briefing or disclosure by March 12, 2018. Signed by Judge Timothy J. Kelly on 2/27/2018. (lctjk1) (Entered: 02/27/2018)
2018-02-27Set/Reset Deadlines: Joint Proposed Briefing Schedule or Disclosure due by 3/12/2018. (kh) (Entered: 02/27/2018)
2018-03-0910Consent MOTION for Extension of Time to File Joint Proposed Schedule by FRIENDS OF THE EARTH (Lawton, William) (Entered: 03/09/2018)
2018-03-12MINUTE ORDER granting Plaintiff's Consent Motion for Extension of Time to File Status Report. It is hereby ORDERED that the parties shall file a Joint Status Report by March 19, 2018. Signed by Judge Timothy J. Kelly on 3/12/2018. (lctjk1) (Entered: 03/12/2018)
2018-03-1911Joint STATUS REPORT Regarding Schedule by FRIENDS OF THE EARTH. (Attachments: # 1 Text of Proposed Order)(Meyer, Katherine) (Entered: 03/19/2018)
2018-03-2012ORDER. Joint Status Report due by May 18, 2018. See Order for details. Signed by Judge Timothy J. Kelly on 3/20/2018. (lctjk1) (Entered: 03/20/2018)
2018-05-1513NOTICE of Four Related Cases by U.S. DEPARTMENT OF THE INTERIOR (Attachments: # 1 Exhibit ECF No. 23 in SUWA v. DOI, Civ. A. No. 17-2314 (EGS))(Cohen, Jason) (Entered: 05/15/2018)
2018-05-1814STATUS REPORT by U.S. DEPARTMENT OF THE INTERIOR. (Attachments: # 1 May 2, 2018, Notification Letter, # 2 May 17, 2018, Notification Letter)(Cohen, Jason) (Entered: 05/18/2018)
2018-05-1815STATUS REPORT by FRIENDS OF THE EARTH. (Lawton, William) (Entered: 05/18/2018)
2018-05-22MINUTE ORDER: In light of the parties' status reports 14 15 , it is hereby ORDERED that the parties shall file a Joint Status Report by June 25, 2018. The Court acknowledges the concerns expressed by Plaintiff and looks favorably on the parties continuing to try to resolve these concerns before requesting the Court's intervention. Signed by Judge Timothy J. Kelly on 5/22/2018. (lctjk1) (Entered: 05/22/2018)
2018-05-22Set/Reset Deadlines: Joint Status Report due by 6/25/2018. (kh) (Entered: 05/22/2018)
2018-06-0616NOTICE of response to Defendant's Motion to Transfer by FRIENDS OF THE EARTH (Attachments: # 1 Exhibit Plaintiff's Response to Defendant's Motion to Transfer and Consolidate)(Lawton, William) (Entered: 06/06/2018)
2018-06-2217MOTION to Enforce Judge Kelly's March 20, 2018 Order by FRIENDS OF THE EARTH (Attachments: # 1 Exhibit Exhibit A - Defendant's First Production Letter, # 2 Exhibit Exhibit B - Defendant's Second Production Letter, # 3 Exhibit Exhibit C - Email from Plaintiff's Counsel to Defendant's Counsel, # 4 Exhibit Exhibit D - Defendant's Form Letter, # 5 Exhibit Proposed Order)(Lawton, William) (Entered: 06/22/2018)
2018-06-2518Joint STATUS REPORT by FRIENDS OF THE EARTH. (Attachments: # 1 Exhibit Defendant's June 15 Production Letter)(Lawton, William) (Entered: 06/25/2018)
2018-07-0619Memorandum in opposition to re 17 MOTION to Enforce Judge Kelly's March 20, 2018 Order filed by U.S. DEPARTMENT OF THE INTERIOR. (Attachments: # 1 Declaration of Clarice Julka)(Cohen, Jason) (Entered: 07/06/2018)
2018-07-1120REPLY to opposition to motion re 17 MOTION to Enforce Judge Kelly's March 20, 2018 Order filed by FRIENDS OF THE EARTH. (Attachments: # 1 Exhibit SUWA v. DOI, Minute Order July 2, 2018)(Lawton, William) (Entered: 07/11/2018)
2018-07-2021NOTICE of Additional New Exhibit by FRIENDS OF THE EARTH re 17 MOTION to Enforce Judge Kelly's March 20, 2018 Order (Lawton, William) (Entered: 07/20/2018)
2018-08-2322NOTICE of additional new exhibit by FRIENDS OF THE EARTH re 21 Notice (Other), 17 MOTION to Enforce Judge Kelly's March 20, 2018 Order (Attachments: # 1 Exhibit DOI Form Letter, August 16, 2018)(Lawton, William) (Entered: 08/23/2018)
2018-09-14MINUTE ORDER granting, for good cause shown, Plaintiff's 17 Motion to Enforce the Court's March 20, 2018 Order. On March 20, 2018, the Court ordered that Defendant produce records in response to Plaintiff's Freedom of Information Act (FOIA) requests and provide Plaintiff with a determination as to which responsive records have been produced, which information has been withheld, and the basis for any such decision. Additionally, FOIA requires agencies to respond to a FOIA request by providing a determination and the reasons for the agency's response. 5 U.S.C. § 552(a)(6)(A)(i)(I). The D.C. Circuit has explained that in order to make a determination, an agency must, inter alia, determine and communicate the scope of the documents it intends to produce and withhold, and the reasons for withholding any documents. Citizens for Responsibility and Ethics in Washington v. Federal Election Commission, 711 F.3d 180, 188 (D.C. Cir. 2013). Defendant's release of large volumes of documents online, categorized under broad subheadings, does not comply with the Court's March 20, 2018 Order, or FOIA itself. Therefore, the Court orders that Defendant (1) identify for Plaintiff the records that are responsive to each of Plaintiff's specific FOIA requests; (2) identify for Plaintiff any records or information that have been withheld from Plaintiff; and (3) provide Plaintiff its reasons for withholding any records or information. The parties shall meet, confer, and jointly propose a schedule for Defendant's compliance with this order for records already released by September 26, 2018. Signed by Judge Timothy J. Kelly on 9/14/2018. (lctjk1) (Entered: 09/14/2018)
2018-09-2623Joint STATUS REPORT by U.S. DEPARTMENT OF THE INTERIOR. (Cohen, Jason) (Entered: 09/26/2018)
2018-10-01MINUTE ORDER: In light of the parties' 23 Joint Status Report, it is hereby ORDERED that the parties shall file a further joint status report by November 16, 2018. (lctjk1) (Entered: 10/01/2018)
Hide Docket Events
by FOIA Project Staff
Skip to toolbar