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Case TitleFriends of Etna Turpentine Camp, Inc. v. United States Fish and Wildlife Service et al
DistrictMiddle District of Florida
CityJacksonville
Case Number3:2017cv01409
Date Filed2017-12-18
Date Closed2018-09-11
JudgeJudge Marcia Morales Howard
PlaintiffFriends of Etna Turpentine Camp, Inc. 10857 Running Deer Point Inverness, FL 34452
Case DescriptionThe Friends of Etna Turpentine Camp submitted a FOIA request to U.S. Fish and Wildlife Service for records concerning the Suncoast Parkway, the Camp, and the effect the parkway would have on species, including any biological opinions pertaining to the permit applied for by the Florida Department of Transportation. The agency acknowledged receipt of the request. The agency eventually told the Camp that its request was still pending in the complex queue. Friends of Etna Turpentine Camp then filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantUnited States Fish and Wildlife Service 1849 C Street NW. Rm 3331, Washington, DC 20240
DefendantUnited States Department of the Interior 1849 C Street, N.W., Washington DC 20240
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
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2017-12-181COMPLAINT against United States Department of the Interior, United States Fish and Wildlife Service (Filing fee $ 400 receipt number JAX26177) filed by Friends of Etna Turpentine Camp, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Civil Cover Sheet)(BD) (Entered: 12/19/2017)
2017-12-182SUMMONS issued as to United States Department of the Interior, United States Fish and Wildlife Service. (BD) (Entered: 12/19/2017)
2017-12-193ORDER: The Clerk is directed to transfer this case to the Jacksonville Division of the Middle District of Florida. The Clerk is then directed to administratively close the case in the Ocala Division. Signed by Judge James S. Moody, Jr. on 12/19/2017. (SMB) (Entered: 12/19/2017)
2018-01-024SUMMONS re-issued as to United States Department of the Interior, United States Fish and Wildlife Service. (BD) (Entered: 01/02/2018)
2018-01-295PROOF of Service by Friends of Etna Turpentine Camp, Inc.. U.S. Attorney served on 1/8/2018. Attorney General served on 1/9/2018. United States Department of the Interior served on 1/8/2018. United States Fish and Wildlife Service served on 1/8/2018. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Mehaffey, Heidi) Modified text on 1/30/2018 (BD). (Entered: 01/29/2018)
2018-02-076ANSWER and affirmative defenses to 1 Complaint by United States Department of the Interior, United States Fish and Wildlife Service.(Carter, Ronnie) (Entered: 02/07/2018)
2018-02-087NOTICE of designation under Local Rule 3.05 - track 1. Signed by Deputy Clerk on 2/8/2018. (Attachments: # 1 Consent Letter and Form)(JW) (Entered: 02/08/2018)
2018-02-098ORDERED: The parties are directed to confer and file a joint proposed briefing schedule no later than March 2, 2018. Signed by Judge Marcia Morales Howard on 2/9/2018. (JW) (Entered: 02/09/2018)
2018-02-099NOTICE: Based upon the parties' filings, the Court is satisfied of the existence of subject matter jurisdiction over this action. (MHM) (Entered: 02/09/2018)
2018-02-2110CERTIFICATE of interested persons and corporate disclosure statement by United States Department of the Interior, United States Fish and Wildlife Service. (Carter, Ronnie) (Entered: 02/21/2018)
2018-02-2211CERTIFICATE of interested persons and corporate disclosure statement by Friends of Etna Turpentine Camp, Inc.. (Mehaffey, Heidi) (Entered: 02/22/2018)
2018-02-2812JOINT PROPOSED BRIEFING SCHEDULE. (Mehaffey, Heidi) Modified text on 2/28/2018 (BD). (Entered: 02/28/2018)
2018-02-2813NOTICE by United States Department of the Interior, United States Fish and Wildlife Service of Withdrawal of Defendants' Sixth Affirmative Defense (Carter, Ronnie) (Entered: 02/28/2018)
2018-03-0114ORDERED: Plaintiff's motion for summary judgment due March 16, 2018. Response due April 16, 2018. Signed by Judge Marcia Morales Howard on 3/1/2018. (JW) (Entered: 03/01/2018)
2018-03-1615MOTION for summary judgment by Friends of Etna Turpentine Camp, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Mehaffey, Heidi) (Entered: 03/16/2018)
2018-03-1916SUMMARY Judgment Notice re: 15 Motion for Summary Judgment. Signed by Deputy Clerk on 3/19/2018. (BD) (Entered: 03/19/2018)
2018-04-1617NOTICE by United States Department of the Interior, United States Fish and Wildlife Service of Filing Declaration of Tiffany McClurkin (Carter, Ronnie) (Entered: 04/16/2018)
2018-04-1618MOTION to dismiss for lack of jurisdiction by United States Department of the Interior, United States Fish and Wildlife Service. (Carter, Ronnie) (Entered: 04/16/2018)
2018-04-1619RESPONSE in Opposition re 15 MOTION for summary judgment and Supporting Memorandum filed by United States Department of the Interior, United States Fish and Wildlife Service. (Carter, Ronnie) (Entered: 04/16/2018)
2018-04-2320NOTICE by Friends of Etna Turpentine Camp, Inc. Withdrawal of Attorney Sarah Hayter (Mehaffey, Heidi) (Entered: 04/23/2018)
2018-04-2321MOTION for leave to file Leave to File Reply to Defendants' Response to Motion for Summary Judgment by Friends of Etna Turpentine Camp, Inc.. (Mehaffey, Heidi) (Entered: 04/23/2018)
2018-04-2622RESPONSE in Opposition to 21 MOTION for leave to file Leave to File Reply to Defendants' Response to 15 Motion for Summary Judgment filed by United States Department of the Interior, United States Fish and Wildlife Service. (Carter, Ronnie) Modified text on 4/26/2018 (BD). (Entered: 04/26/2018)
2018-04-2623RESPONSE in Opposition to Defendants' 18 MOTION to Dismiss and Memorandum of Law in Support Thereof filed by Friends of Etna Turpentine Camp, Inc.. (Mehaffey, Heidi) Modified text on 4/27/2018 (BD). (Entered: 04/26/2018)
2018-04-2724ORDER denying 21 Plaintiff's Motion for Leave to File Limited Reply to Defendants' Response in Opposition to Motion for Summary Judgment. Signed by Judge Marcia Morales Howard on 4/27/2018. (JW) (Entered: 04/27/2018)
2018-08-0925MOTION for Attorney Fees and Costs pursuant to 5 U.S.C. § 552(a)(4)(E)(i) by Friends of Etna Turpentine Camp, Inc.. (Attachments: # 1 Exhibit Invoice, # 2 Exhibit Hartsell Declaration, # 3 Exhibit Mehaffey Declaration, # 4 Exhibit LaHart Declaration)(Mehaffey, Heidi) Motions referred to Magistrate Judge Patricia D. Barksdale. (Entered: 08/09/2018)
2018-08-2326RESPONSE in Opposition re 25 MOTION for Attorney Fees and Costs pursuant to 5 U.S.C. § 552(a)(4)(E)(i) filed by United States Department of the Interior, United States Fish and Wildlife Service. (Carter, Ronnie) (Entered: 08/23/2018)
2018-08-2427NOTICE OF TELEPHONIC HEARING: Telephonic Status Conference set for 9/10/2018 at 10:00 AM before Judge Marcia Morales Howard. (JW) (Entered: 08/24/2018)
2018-09-0728NOTICE of Withdrawing 25 Motion for an Award of Attorney's Fees and Costs by Friends of Etna Turpentine Camp, Inc. filed by Friends of Etna Turpentine Camp, Inc. (Mehaffey, Heidi) Modified text on 9/7/2018 (BD). (Entered: 09/07/2018)
2018-09-1029Minute Entry for proceedings held before Judge Marcia Morales Howard: TELEPHONIC STATUS CONFERENCE held on 9/10/2018. Court Reporter: Cindy Packevicz Jarriel (JW) (Entered: 09/10/2018)
2018-09-1130ORDER denying as moot, in part, and denying without prejudice, in part, 15 Plaintiff's Motion for Summary Judgment; denying without prejudice 18 Defendants' Motion to Dismiss. The Clerk of the Court is directed to close this case. The Court retains jurisdiction to address Plaintiff's request for an award of attorney's fees and costs. Renewed motion due October 12, 2018. Response due November 9, 2018. Reply due November 26, 2018. Signed by Judge Marcia Morales Howard on 9/10/2018. (JW) (Entered: 09/11/2018)
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by FOIA Project Staff
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