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Case TitleCENTER FOR BIOLOGICAL DIVERSITY v. U.S. FISH AND WILDLIFE SERVICE et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2018cv00342
Date Filed2018-02-13
Date ClosedOpen
JudgeJudge Amy Berman Jackson
PlaintiffCENTER FOR BIOLOGICAL DIVERSITY
Case DescriptionThe Center for Biological Diversity submitted FOIA requests to the U.S. Fish and Wildlife Service and the EPA for records concerning biological opinions pertaining to chlorpyrifos, diazinon, and malathion. The agencies acknowledged receipt of the requests and told the Center that they were being put in their complex track for processing. After the Center was told that both requests were still being processed, the Center for Biological Diversity filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Attorney's fees

DefendantU.S. FISH AND WILDLIFE SERVICE
DefendantU.S. ENVIRONMENTAL PROTECTION AGENCY
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

2018-02-131COMPLAINT against U.S. ENVIRONMENTAL PROTECTION AGENCY, U.S. FISH AND WILDLIFE SERVICE ( Filing fee $ 400 receipt number 0090-5332024) filed by CENTER FOR BIOLOGICAL DIVERSITY. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Summons)(Townsend, Margaret) (Entered: 02/13/2018)
2018-02-132Corporate Disclosure Statement by CENTER FOR BIOLOGICAL DIVERSITY. (Townsend, Margaret) (Entered: 02/13/2018)
2018-02-13Case Assigned to Judge Amy Berman Jackson. (zsth) (Entered: 02/14/2018)
2018-02-143SUMMONS(4) Issued Electronically as to U.S. ENVIRONMENTAL PROTECTION AGENCY, U.S. FISH AND WILDLIFE SERVICE, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(zsth) (Entered: 02/14/2018)
2018-02-154MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Stephanie M. Parent, :Firm- Center for Biological Diversity, :Address- P.O. Box 11374; Portland, OR 97211-0374. Phone No. - (971) 717-6404. Fax No. - (503) 283-5528 Filing fee $ 100, receipt number 0090-5334255. Fee Status: Fee Paid. by CENTER FOR BIOLOGICAL DIVERSITY (Attachments: # 1 Declaration of Stephanie M. Parent, # 2 Text of Proposed Order)(Townsend, Margaret) (Entered: 02/15/2018)
2018-02-20MINUTE ORDER granting 4 Motion for Leave of Stephanie M. Parent to Appear Pro Hac Vice only upon condition that the lawyer admitted, or at least one member of the lawyer's firm, undergo CM/ECF training, obtain a CM/ECF username and password, and agree to file papers electronically. No court papers will be mailed to any lawyer. Signed by Judge Amy Berman Jackson on 2/20/18. (DMK) (Entered: 02/20/2018)
2018-02-275NOTICE of Appearance by Scott Leeson Sroka on behalf of All Defendants (Sroka, Scott) (Entered: 02/27/2018)
2018-03-026RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 2/17/2018. Answer due for ALL FEDERAL DEFENDANTS by 3/19/2018. (Townsend, Margaret) (Entered: 03/02/2018)
2018-03-027RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. ENVIRONMENTAL PROTECTION AGENCY served on 2/22/2018; U.S. FISH AND WILDLIFE SERVICE served on 2/22/2018 (Townsend, Margaret) (Entered: 03/02/2018)
2018-03-028RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 02/23/2018. (Townsend, Margaret) (Entered: 03/02/2018)
2018-03-199Consent MOTION for Extension of Time to File Answer by U.S. ENVIRONMENTAL PROTECTION AGENCY, U.S. FISH AND WILDLIFE SERVICE (Sroka, Scott) (Entered: 03/19/2018)
2018-03-19MINUTE ORDER granting 9 Motion for Extension of Time to Answer. Defendants must file their answer to plaintiff's complaint or other response by April 2, 2018. Signed by Judge Amy Berman Jackson on 03/19/2018. (lcabj3) (Entered: 03/19/2018)
2018-03-2910ANSWER to 1 Complaint by U.S. ENVIRONMENTAL PROTECTION AGENCY, U.S. FISH AND WILDLIFE SERVICE.(Sroka, Scott) Modified to add link on 3/30/2018 (znmw). (Entered: 03/29/2018)
2018-03-30MINUTE ORDER. Before the Court in this FOIA case are a complaint and an answer. The requirements of Local Civil Rule 16.3 and Rule 26(f) of the Federal Rules of Civil Procedure appear to be inapplicable. Defendants shall file a dispositive motion or, in the alternative, a report setting forth the schedule for the completion of its production of documents to plaintiff, on or before April 27, 2018.Signed by Judge Amy Berman Jackson on 03/30/2018. (lcabj3) (Entered: 03/30/2018)
2018-04-2711STATUS REPORT and Proposed Production Schedule by U.S. ENVIRONMENTAL PROTECTION AGENCY, U.S. FISH AND WILDLIFE SERVICE. (Sroka, Scott) (Entered: 04/27/2018)
2018-04-2712RESPONSE re 11 Status Report COUNTERPROPOSAL TO DEFENDANTS PROPOSED PRODUCTION SCHEDULE filed by CENTER FOR BIOLOGICAL DIVERSITY. (Attachments: # 1 Declaration Stephanie Parent, # 2 Exhibit A - NOAA FOIA Response Letter, # 3 Exhibit B - FWS FOIA Response Letter 1, # 4 Exhibit C - FWS FOIA Response Letter 2, # 5 Exhibit D - Email to EPA Amending Request, # 6 Exhibit E - -EPA's Acknowledgement of Amended Request, # 7 Exhibit F - EPA Initial Response Letter)(Townsend, Margaret) (Entered: 04/27/2018)
2018-05-07MINUTE ORDER. Upon consideration of all of the pleadings, the agencies are ordered to process 600 records per month each, with the first production on May 31, 2018, and continuing on a rolling basis on the last day of each month. The parties must also submit a joint status report on August 1, 2018. Signed by Judge Amy Berman Jackson on 05/07/2018. (lcabj3) (Entered: 05/07/2018)
2018-07-26MINUTE ORDER. The parties must meet and confer and address in their upcoming August 1 joint status report whether a related case, 18-cv-1706, should be consolidated and whether the records requested in that case should be incorporated into the schedule for rolling production that was established in this case. Signed by Judge Amy Berman Jackson on 07/26/2018. (lcabj3) (Entered: 07/26/2018)
2018-08-0113Joint STATUS REPORT by CENTER FOR BIOLOGICAL DIVERSITY. (Townsend, Margaret) (Entered: 08/01/2018)
2018-08-02MINUTE ORDER. The parties must submit an updated joint status report by October 3, 2018. Signed by Judge Amy Berman Jackson on 08/2/2018. (lcabj3) (Entered: 08/02/2018)
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by FOIA Project Staff
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