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Case TitleSTORY OF STUFF PROJECT v. UNITED STATES FOREST SERVICE et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2018cv00170
Date Filed2018-01-26
Date ClosedOpen
JudgeJudge Trevor N. McFadden
PlaintiffSTORY OF STUFF PROJECT
PlaintiffCOURAGE CAMPAIGN INSTITUTE
TERMINATED: 07/31/2018
Case DescriptionThe Story of Stuff Project and the Courage Campaign Institute submitted FOIA requests to the U.S. Forest Service for records concerning Nestle Waters North America's special permit to sell water in national parks. After the agency failed to respond to any of its requests, the Story of Stuff Project filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantUNITED STATES FOREST SERVICE
DefendantUNITED STATES DEPARTMENT OF AGRICULTURE OFFICE OF GENERAL COUNSEL
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

2018-01-261COMPLAINT against UNITED STATES FOREST SERVICE, United States Department of Agriculture Office of General Counsel ( Filing fee $ 400 receipt number 0090-5305405) filed by STORY OF STUFF PROJECT, COURAGE CAMPAIGN INSTITUTE. (Attachments: # 1 Civil Cover Sheet, # 2 Summons for US Attorney Civil Process Clerk, # 3 Summons for US Attorney General, # 4 Summons for Defendant US Forest Service, # 5 Summons for Defendant US Dept of Agriculture Office of General Counsel)(Kenna, Matt) (Entered: 01/26/2018)
2018-01-262LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by STORY OF STUFF PROJECT (Kenna, Matt) (Entered: 01/26/2018)
2018-01-263LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by COURAGE CAMPAIGN INSTITUTE (Kenna, Matt) (Entered: 01/26/2018)
2018-01-26Case Assigned to Judge Trevor N. McFadden. (zsb) (Entered: 01/26/2018)
2018-01-264SUMMONS (4) Issued Electronically as to UNITED STATES DEPARTMENT OF AGRICULTURE OFFICE OF GENERAL COUNSEL, UNITED STATES FOREST SERVICE, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(zsb) (Entered: 01/26/2018)
2018-01-265STANDING ORDER Establishing Procedures for Cases Before Judge Trevor N. McFadden. The parties are hereby ORDERED to read and comply with the directives in the attached standing order. Signed by Judge Trevor N. McFadden on 1/26/2018. (lctnm3) (Entered: 01/26/2018)
2018-02-056RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 2/5/2018. Answer due for ALL FEDERAL DEFENDANTS by 3/7/2018. (Attachments: # 1 Return Receipt)(Kenna, Matt) (Main Document 6 replaced on 2/6/2018) (znmw). (Entered: 02/05/2018)
2018-02-057RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 2/5/18. (Attachments: # 1 Return Receipt)(Kenna, Matt) (Main Document 7 replaced on 2/6/2018) (znmw). (Entered: 02/05/2018)
2018-02-058RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES FOREST SERVICE served on 2/2/2018 (Attachments: # 1 Return Receipt for U.S. Forest Service)(Kenna, Matt) (Main Document 8 replaced on 2/6/2018) (znmw). (Entered: 02/05/2018)
2018-02-059RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES DEPARTMENT OF AGRICULTURE OFFICE OF GENERAL COUNSEL served on 2/2/2018 (Attachments: # 1 Return Receipt for Office of General Counsel USDA)(Kenna, Matt) (Main Document 9 replaced on 2/6/2018) (znmw). (Entered: 02/05/2018)
2018-02-2210NOTICE of Appearance by Joshua L. Rogers on behalf of UNITED STATES DEPARTMENT OF AGRICULTURE OFFICE OF GENERAL COUNSEL, UNITED STATES FOREST SERVICE (Rogers, Joshua) (Entered: 02/22/2018)
2018-02-2711NOTICE of Appearance by Rachel Doughty on behalf of All Plaintiffs (Doughty, Rachel) (Entered: 02/27/2018)
2018-03-0712ANSWER to 1 Complaint by UNITED STATES DEPARTMENT OF AGRICULTURE OFFICE OF GENERAL COUNSEL, UNITED STATES FOREST SERVICE.(Rogers, Joshua) Modified to add link on 3/8/2018 (znmw). (Entered: 03/07/2018)
2018-03-08MINUTE ORDER. Before the Court are a complaint and an answer in this FOIA case. It is hereby ORDERED that the parties shall meet and confer and file a Joint Status Report proposing a schedule for proceeding in this matter. The schedule should address, among other things, the status of Plaintiff's FOIA request, the anticipated number of documents responsive to Plaintiff's FOIA request, the anticipated date(s) for release of the documents requested by Plaintiff, whether a motion for an Open America stay is likely in this case, whether a Vaughn index will be required in this case, and a briefing schedule for dispositive motions, if required. The parties shall file the schedule on or before March 29, 2018. Signed by Judge Trevor N. McFadden on 3/8/2018. (lctnm3) (Entered: 03/08/2018)
2018-03-08Set/Reset Deadlines: Parties shall meet and confer and file a Joint Status Report by 3/29/2018. (hmc) (Entered: 03/08/2018)
2018-03-2913Joint STATUS REPORT by COURAGE CAMPAIGN INSTITUTE, STORY OF STUFF PROJECT. (Kenna, Matt) (Entered: 03/29/2018)
2018-04-03MINUTE ORDER. Upon consideration of the parties' 13 Joint Status Report, it is hereby ORDERED that the parties shall, before or on April 24, 2018, submit a Joint Status Report proposing further proceedings in the matter including, if necessary, a schedule for a Vaughn index and summary judgment briefing. Signed by Judge Trevor N. McFadden on 4/3/2018. (lctnm3) (Entered: 04/03/2018)
2018-04-03Set/Reset Deadlines: Joint Status Report due by 4/24/2018. (hmc) (Entered: 04/03/2018)
2018-04-2414Joint STATUS REPORT by COURAGE CAMPAIGN INSTITUTE, STORY OF STUFF PROJECT. (Kenna, Matt) (Entered: 04/24/2018)
2018-04-25MINUTE ORDER. Upon consideration of the parties' 14 Joint Status Report, Defendants shall, before or on May 4, 2018, file a Vaughn index covering all redactions and withholdings of documents responsive to Plaintiffs' FOIA requests except for "email addresses, land and cell phone numbers"; Plaintiffs shall, before or on May 18, 2018, inform Defendants which documents they challenge; Defendants shall, before or on June 22, 2018, file their motion for summary judgment; Plaintiffs shall, before or on July 20, 2018, file their opposition and cross-motion for summary judgment; Defendants shall, by August 17, 2018, file their opposition and reply; and Plaintiffs shall, by August 31, 2018, file their reply. SO ORDERED. Signed by Judge Trevor N. McFadden on 4/25/2018. (lctnm3) (Entered: 04/25/2018)
2018-04-25Set/Reset Deadlines: Defendants' Vaughn Index due by 5/4/2018. Plaintiffs' response due by 5/18/2018. Defendants' Motion for Summary Judgment due by 6/22/2018. Plaintiffs' opposition to Defendants' Motion for Summary Judgment and Cross-Motion due by 7/20/2018. Defendants' opposition to Plaintiffs' Cross-Motion and reply in support of its Motion for Summary Judgment due by 8/17/2018. Plaintiffs' reply in support of its Cross-Motions due by 8/31/2018. (hmc) (Entered: 04/25/2018)
2018-05-0415NOTICE of Filing Vaughn Index by UNITED STATES DEPARTMENT OF AGRICULTURE OFFICE OF GENERAL COUNSEL, UNITED STATES FOREST SERVICE (Attachments: # 1 Exhibit)(Rogers, Joshua) (Entered: 05/04/2018)
2018-05-0416Vaughn Index from Defendants. (See docket entry no. 15 ) (td) (Entered: 05/07/2018)
2018-05-1517NOTICE of Change of Address by Rachel Doughty (Doughty, Rachel) (Entered: 05/15/2018)
2018-06-1918Consent MOTION for Extension of Time to File by UNITED STATES DEPARTMENT OF AGRICULTURE OFFICE OF GENERAL COUNSEL, UNITED STATES FOREST SERVICE (Attachments: # 1 Text of Proposed Order)(Rogers, Joshua) (Entered: 06/19/2018)
2018-06-19MINUTE ORDER granting the Defendants' 18 Consent Motion for Extension of Time. Defendants shall now file their motion for summary judgment before or on July 23, 2018; Plaintiffs shall, before or on August 20, 2018, file their opposition and cross-motion for summary judgment; Defendants shall, by September 17, 2018, file their opposition and reply; and Plaintiffs shall, by October 1, 2018, file their reply. SO ORDERED. Signed by Judge Trevor N. McFadden on 6/19/2018. (lctnm3) (Entered: 06/19/2018)
2018-06-20Set/Reset Deadlines: Defendants' motion for summary judgment due by 7/23/2018. Plaintiffs' opposition to Defendants' motion for summary judgment and cross-motion due by 8/20/2018. Defendants' reply in support of its motion for summary judgment and opposition to Plaintiffs' cross-motion due by 9/17/2018. Plaintiffs' reply in support of its cross-motion due by 10/1/2018. (hmc) (Entered: 06/20/2018)
2018-07-2319MOTION for Summary Judgment by UNITED STATES DEPARTMENT OF AGRICULTURE OFFICE OF GENERAL COUNSEL, UNITED STATES FOREST SERVICE (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Text of Proposed Order, # 4 Rush Declaration, # 5 Adams Declaration, # 6 Attachment A, # 7 Attachment B, # 8 Attachment C, # 9 Attachment D, # 10 Attachment G, # 11 Attachment H, # 12 Attachment I, # 13 Attachment J, # 14 Attachment K, # 15 Attachment L, # 16 Attachment M, # 17 Attachment N, # 18 Attachment O, # 19 Attachment P, # 20 Attachment Q, # 21 Attachment R, # 22 Attachment S, # 23 Attachment T)(Rogers, Joshua) (Entered: 07/23/2018)
2018-07-2420ERRATA by UNITED STATES DEPARTMENT OF AGRICULTURE OFFICE OF GENERAL COUNSEL, UNITED STATES FOREST SERVICE 19 MOTION for Summary Judgment filed by UNITED STATES DEPARTMENT OF AGRICULTURE OFFICE OF GENERAL COUNSEL, UNITED STATES FOREST SERVICE. (Attachments: # 1 Attachment E, # 2 Attachment F)(Rogers, Joshua) (Entered: 07/24/2018)
2018-07-3121Unopposed MOTION for Order Dismissing Courage Campaign Institute as a Party by COURAGE CAMPAIGN INSTITUTE (Attachments: # 1 Text of Proposed Order Dismissing Party)(Doughty, Rachel) (Entered: 07/31/2018)
2018-07-31MINUTE ORDER: Upon consideration of Courage Campaign Institute's 21 Unopposed Motion, and pursuant to Rule 21 of the Federal Rules of Civil Procedure, Courage Campaign Institute is hereby dismissed as a Party to this action. The case caption shall be amended to reflect this order. SO ORDERED. Signed by Judge Trevor N. McFadden on 7/31/2018. (lctnm3) (Entered: 07/31/2018)
2018-08-2022Cross MOTION for Summary Judgment by STORY OF STUFF PROJECT (Attachments: # 1 Exh. 1 to MSJ: Fox Decl., # 2 Attach. A to Fox Decl., # 3 Attach. B to Fox Decl., # 4 Attach. C to Fox Decl., # 5 Exh. 2 to MSJ: Challenged Redactions, # 6 Exh 3-A, # 7 Exh 3-B, # 8 Exh 3-C, # 9 Exh 3-D, # 10 Exh 3-E, # 11 Exh 3-F, # 12 Exh 3-G, # 13 Exh 3-H, # 14 Exh 3-I, # 15 Exh 3-J, # 16 Exh 3-K, # 17 Exh 3-L, # 18 Exh 3-M, # 19 Exh 3-N, # 20 Exh 3-O, # 21 Exh 3-P, # 22 Exh 3-Q, # 23 Exh 3-R, # 24 Exh 3-S, # 25 Exh 3-T, # 26 Exh 3-U, # 27 Exh 3-V, # 28 Exh 3-W, # 29 Exh 3-X, # 30 Exh 3-Y, # 31 Exh 3-Z, # 32 Exh 3-AA, # 33 Exh 3-BB, # 34 Exh 3-CC, # 35 Exh 3-DD, # 36 Exh 3-EE, # 37 Exh 3-FF, # 38 Exh 3-GG, # 39 Exh 3-HH, # 40 Exh 3-II, # 41 Exh 3-JJ, # 42 Exh 3-KK, # 43 Exh 3-LL, # 44 Exh 3-MM, # 45 Exh 3-NN, # 46 Exh 3-OO, # 47 Exh 3-PP, # 48 Exh 3-QQ, # 49 Exh 3-RR, # 50 Exh 3-SS, # 51 Exh 3-TT, # 52 Exh 3-UU, # 53 Exh 3-VV, # 54 Exh 3-WW, # 55 Proposed Order)(Doughty, Rachel) (Entered: 08/20/2018)
2018-08-2023Memorandum in opposition to re 19 MOTION for Summary Judgment filed by STORY OF STUFF PROJECT. (Attachments: # 1 Exh 1 to MSJ: Fox Decl., # 2 Attach. A to Fox Decl., # 3 Attach. B to Fox Decl., # 4 Attach. C to Fox Decl., # 5 Exh. 2 to MSJ: Challenged Redactions, # 6 Exh. 3-A, # 7 Exh 3-B, # 8 Exh 3-C, # 9 Exh 3-D, # 10 Exh 3-E, # 11 Exh 3-F, # 12 Exh 3-G, # 13 Exh 3-H, # 14 Exh 3-I, # 15 Exh 3-J, # 16 Exh 3-K, # 17 Exh 3-L, # 18 Exh 3-M, # 19 Exh 3-N, # 20 Exh 3-O, # 21 Exh 3-P, # 22 Exh 3-Q, # 23 Exh 3-R, # 24 Exh 3-S, # 25 Exh 3-T, # 26 Exh 3-U, # 27 Exh 3-V, # 28 Exh 3-W, # 29 Exh 3-X, # 30 Exh 3-Y, # 31 Exh 3-Z, # 32 Exh 3-AA, # 33 Exh 3-BB, # 34 Exh 3-CC, # 35 Exh 3-DD, # 36 Exh 3-EE, # 37 Exh 3-FF, # 38 Exh 3-GG, # 39 Exh 3-HH, # 40 Exh 3-II, # 41 Exh 3-JJ, # 42 Exh 3-KK, # 43 Exh 3-LL, # 44 Exh 3-MM, # 45 Exh 3-NN, # 46 Exh 3-OO, # 47 Exh 3-PP, # 48 Exh 3-QQ, # 49 Exh 3-RR, # 50 Exh 3-SS, # 51 Exh 3-TT, # 52 Exh 3-UU, # 53 Exh 3-VV, # 54 Exh 3-WW, # 55 Proposed Order)(Doughty, Rachel) (Entered: 08/20/2018)
2018-09-1324Consent MOTION for Extension of Time to File Response/Reply by UNITED STATES DEPARTMENT OF AGRICULTURE OFFICE OF GENERAL COUNSEL, UNITED STATES FOREST SERVICE (Attachments: # 1 Text of Proposed Order)(Rogers, Joshua) (Entered: 09/13/2018)
2018-09-14MINUTE ORDER: Upon consideration of Defendants' 24 Consent Motion for Extension of Time to File, it is hereby ORDERED that Defendants shall file their opposition and reply on or before November 1, 2018. Plaintiffs shall file their reply to Defendants' opposition by November 15, 2018. Signed by Judge Trevor N. McFadden on 9/14/2018. (lctnm3) (Entered: 09/14/2018)
2018-09-17Set/Reset Deadlines: Defendants' reply in support of their Motion for Summary Judgment and opposition to Plaintiff's Cross-Motion due by 11/1/2018. Plaintiff's reply in support of its Cross-Motion due by 11/15/2018. (hmc) (Entered: 09/17/2018)
2018-11-0125REPLY to opposition to motion re 22 Cross MOTION for Summary Judgment , 19 MOTION for Summary Judgment filed by UNITED STATES DEPARTMENT OF AGRICULTURE OFFICE OF GENERAL COUNSEL, UNITED STATES FOREST SERVICE. (Attachments: # 1 Exhibit Ex. A, Lawrence Decl., # 2 Exhibit Ex. B, 2d Rush Decl., # 3 Exhibit Ex. C, 2d Vaughn Index)(Rogers, Joshua) (Entered: 11/01/2018)
2018-11-0926Unopposed MOTION for Extension of Time to File Response/Reply as to 22 Cross MOTION for Summary Judgment by COURAGE CAMPAIGN INSTITUTE, STORY OF STUFF PROJECT (Attachments: # 1 Text of Proposed Order)(Kenna, Matt) (Entered: 11/09/2018)
2018-11-09MINUTE ORDER: Upon consideration of the Plaintiff's 26 Motion for Extension of Time, it is hereby ORDERED that the Plaintiff shall file its Reply in Support of its Motion for Summary Judgment on or before December 3, 2018. Signed by Judge Trevor N. McFadden on 11/9/2018. (lctnm3) (Entered: 11/09/2018)
2018-11-09Set/Reset Deadlines: Plaintiff's Reply in support of its Motion for Summary Judgment due by 12/3/2018. (hmc) (Entered: 11/09/2018)
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