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Case TitleCENTER FOR BIOLOGICAL DIVERSITY v. UNITED STATES DEPARTMENT OF STATE
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2018cv00563
Date Filed2018-03-13
Date ClosedOpen
JudgeJudge James E. Boasberg
PlaintiffCENTER FOR BIOLOGICAL DIVERSITY
Case DescriptionThe Center for Biological Diversity submitted a FOIA request to the Department of State for records concerning the agency's failure to submit the Climate Action Report by the mandated January 1, 2018 deadline. The agency acknowledged receipt of the request, but after hearing nothing further from the agency, the Center for Biological Diversity filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantUNITED STATES DEPARTMENT OF STATE
DefendantJOHN J. SULLIVAN JOHN J. SULLIVAN, in his official capacity as Acting Secretary of State for the United States Dept. of State
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Opinion/Order [29]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2018-03-131COMPLAINT against UNITED STATES DEPARTMENT OF STATE ( Filing fee $ 400 receipt number 0090-5370600) filed by CENTER FOR BIOLOGICAL DIVERSITY. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Certificate of Service)(Su, Anchun) (Entered: 03/13/2018)
2018-03-14Case Assigned to Judge James E. Boasberg. (zsb) (Entered: 03/14/2018)
2018-03-142SUMMONS (3) Issued Electronically as to UNITED STATES DEPARTMENT OF STATE, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(zsb) (Entered: 03/14/2018)
2018-03-233NOTICE of Appearance by Howard M. Crystal on behalf of CENTER FOR BIOLOGICAL DIVERSITY (Crystal, Howard) (Entered: 03/23/2018)
2018-03-284LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by CENTER FOR BIOLOGICAL DIVERSITY (Attachments: # 1 Certificate of Service)(Su, Anchun) (Main Document 4 replaced on 3/29/2018) (znmw). (Entered: 03/28/2018)
2018-03-305ENTERED IN ERROR.....REQUEST FOR SUMMONS TO ISSUE as to the United States Attorney for the District of Columbia regarding Complaint 1 by Plaintiff's attorney Anchun Su filed by CENTER FOR BIOLOGICAL DIVERSITY. (Attachments: # 1 Certificate of Service)(Su, Anchun) Modified on 4/2/2018 (znmw). (Entered: 03/30/2018)
2018-04-02NOTICE OF ERROR re 5 Request for Summons to Issue; emailed to jsu@biologicaldiversity.org, cc'd 5 associated attorneys -- The PDF file you docketed contained errors: 1. Incorrect event used, 2. Incorrect document/case, 3. Please refile document, 4. ENTERED IN ERROR; Unclear whether this is a return of service or a request to reissue a summons; Refile as a Summons Returned Executed as to US Attorney (FOIA), if appropriate. (znmw, ) (Entered: 04/02/2018)
2018-04-056REQUEST FOR SUMMONS TO ISSUE as to the United States Attorney for the District of Columbia re 1 Complaint, filed by CENTER FOR BIOLOGICAL DIVERSITY. Related document: 1 Complaint, filed by CENTER FOR BIOLOGICAL DIVERSITY.(Su, Anchun) (Entered: 04/05/2018)
2018-04-097NOTICE of Appearance by Scott Leeson Sroka on behalf of All Defendants (Sroka, Scott) (Entered: 04/09/2018)
2018-04-118AMENDED COMPLAINT against All Defendants filed by CENTER FOR BIOLOGICAL DIVERSITY. (Attachments: # 1 Summons, # 2 Certificate of Service)(Su, Anchun) (Entered: 04/11/2018)
2018-04-139SUMMONS (1) Issued Electronically as to JOHN J. SULLIVAN. (td) (Main Document 9 replaced on 4/13/2018) (ztd). (Entered: 04/13/2018)
2018-05-0210Consent MOTION for Extension of Time to File Answer re 8 Amended Complaint by JOHN J. SULLIVAN, UNITED STATES DEPARTMENT OF STATE (Sroka, Scott) (Entered: 05/02/2018)
2018-05-04MINUTE ORDER GRANTING 10 Motion for Extension of Time to Answer. The Court ORDERS that Defendants shall respond to the Complaint on or before June 1, 2018. So ORDERED by Judge James E. Boasberg on 5/4/2018. (lcjeb3) (Entered: 05/04/2018)
2018-05-04Set/Reset Deadlines: Responses due by 6/1/2018. (znbn) (Entered: 05/07/2018)
2018-05-2111RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. JOHN J. SULLIVAN served on 5/2/2018 (Su, Anchun) (Entered: 05/21/2018)
2018-05-2112RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 03/19/2018. (Attachments: # 1 Exhibit Exhibit AReturn Receipts)(Su, Anchun) (Entered: 05/21/2018)
2018-05-2113RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES DEPARTMENT OF STATE served on 4/23/2018 (Attachments: # 1 Exhibit Exhibit A Return Receipts)(Su, Anchun) (Entered: 05/21/2018)
2018-05-2114RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 4/2/2018. Answer due for ALL FEDERAL DEFENDANTS by 5/2/2018. (Attachments: # 1 Exhibit Exhibit A Return Receipts)(Su, Anchun) (Entered: 05/21/2018)
2018-06-0115Unopposed MOTION for Extension of Time to File Answer re 8 Amended Complaint by JOHN J. SULLIVAN, UNITED STATES DEPARTMENT OF STATE (Sroka, Scott) (Entered: 06/01/2018)
2018-06-01MINUTE ORDER GRANTING 15 Motion for Extension of Time to Answer. The Court ORDERS that Defendants shall respond to the Complaint on or before July 2, 2018. So ORDERED by Judge James E. Boasberg on 6/1/2018. (lcjeb3) (Entered: 06/01/2018)
2018-06-01Set/Reset Deadlines: Responses due by 7/2/2018. (znbn) (Entered: 06/04/2018)
2018-06-1416NOTICE of Appearance by David Scott Gualtieri on behalf of All Defendants (Gualtieri, David) (Entered: 06/14/2018)
2018-06-2217Consent MOTION for Extension of Time to File Answer re 8 Amended Complaint by JOHN J. SULLIVAN, UNITED STATES DEPARTMENT OF STATE (Gualtieri, David) (Entered: 06/22/2018)
2018-06-22MINUTE ORDER GRANTING Consent 17 Motion for Extension of Time to Answer. The Court ORDERS that Defendants shall respond to Claims 1 and 2 of the Complaint on or before August 29, 2018. So ORDERED by Judge James E. Boasberg on 6/22/2018. (lcjeb3) (Entered: 06/22/2018)
2018-06-22Set/Reset Deadlines: Respond by 8/29/2018. (znbn) (Entered: 06/22/2018)
2018-07-0218ANSWER to 8 Amended Complaint by JOHN J. SULLIVAN, UNITED STATES DEPARTMENT OF STATE.(Sroka, Scott) (Entered: 07/02/2018)
2018-07-02MINUTE ORDER: The Court ORDERS that the parties shall meet, confer, and submit a joint proposed briefing schedule by July 16, 2018. So ORDERED by Judge James E. Boasberg on 7/2/2018. (lcjeb3) (Entered: 07/02/2018)
2018-07-02Set/Reset Deadlines: Joint Proposed Briefing Schedule due by 7/16/2018. (znbn) (Entered: 07/03/2018)
2018-07-1619Joint STATUS REPORT On FOIA Claims by CENTER FOR BIOLOGICAL DIVERSITY. (Crystal, Howard) (Entered: 07/16/2018)
2018-07-16MINUTE ORDER: Per the parties' 19 Joint Status Report, the Court ORDERS that the parties shall file a further joint status report on or before September 14, 2018. So ORDERED by Judge James E. Boasberg on 7/16/2018. (lcjeb2) (Entered: 07/16/2018)
2018-07-16Set/Reset Deadlines: Status Report due by 9/14/2018. (znbn) (Entered: 07/17/2018)
2018-08-2920MOTION to Partially Dismiss Amended Complaint by JOHN J. SULLIVAN, UNITED STATES DEPARTMENT OF STATE (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order)(Gualtieri, David) Modified text on 8/29/2018 (ztd). (Entered: 08/29/2018)
2018-09-0521Unopposed MOTION for Extension of Time to File Response/Reply as to 20 MOTION to Dismiss Partial as to First & Second Claims for Relief by CENTER FOR BIOLOGICAL DIVERSITY (Crystal, Howard) (Entered: 09/05/2018)
2018-09-05MINUTE ORDER GRANTING Plaintiff's 21 Motion for Extension of Time to File Response/Reply. The Court ORDERS that Plaintiff shall file its response to Defendants' Partial Motion to Dismiss on or before September 28, 2018. So ORDERED by Judge James E. Boasberg on 9/5/2018. (lcjeb3) (Entered: 09/05/2018)
2018-09-05Set/Reset Deadlines: Responses due by 9/28/2018. (znbn) (Entered: 09/07/2018)
2018-09-1122NOTICE of filing Memorandum in Support of Motion to Partially Dismiss Amended Complaint with corrected hyperlinks by JOHN J. SULLIVAN, UNITED STATES DEPARTMENT OF STATE re 20 MOTION to Dismiss Partial as to First & Second Claims for Relief (Gualtieri, David) (Entered: 09/11/2018)
2018-09-1323Joint STATUS REPORT as to FOIA Claims by JOHN J. SULLIVAN, UNITED STATES DEPARTMENT OF STATE. (Sroka, Scott) (Entered: 09/13/2018)
2018-09-13MINUTE ORDER: Per the parties' 23 Joint Status Report, the Court ORDERS that the parties shall file a further Joint Status Report by November 13, 2018. So ORDERED by Judge James E. Boasberg on 9/13/2018. (lcjeb3) (Entered: 09/13/2018)
2018-09-13Set/Reset Deadlines: Joint Status Report due by 11/13/2018. (znbn) (Entered: 09/14/2018)
2018-09-2524Unopposed MOTION for Extension of Time to File Response/Reply as to 20 MOTION to Dismiss Partial as to First & Second Claims for Relief by CENTER FOR BIOLOGICAL DIVERSITY (Su, Anchun) (Entered: 09/25/2018)
2018-09-25MINUTE ORDER GRANTING Unopposed 24 Motion for Extension of Time to File. The Court ORDERS that Plaintiff shall respond to Defendants' Partial Motion to Dismiss by October 5, 2018. So ORDERED by Judge James E. Boasberg on 9/25/2018. (lcjeb3) (Entered: 09/25/2018)
2018-09-25Set/Reset Deadlines: Responses due by 10/5/2018. (znbn) (Entered: 09/26/2018)
2018-10-0525RESPONSE re 20 MOTION to Dismiss Partial as to First & Second Claims for Relief Plaintiff's Opposition to Defendants' Partial Motion to Dismiss filed by CENTER FOR BIOLOGICAL DIVERSITY. (Attachments: # 1 Text of Proposed Order)(Su, Anchun) (Entered: 10/05/2018)
2018-10-0926Unopposed MOTION for Extension of Time to File Response/Reply as to 20 MOTION to Dismiss Partial as to First & Second Claims for Relief by JOHN J. SULLIVAN, UNITED STATES DEPARTMENT OF STATE (Gualtieri, David) (Entered: 10/09/2018)
2018-10-09MINUTE ORDER GRANTING Unopposed 26 Motion for Extension of Time to File Reply. The Court ORDERS that Defendants shall file their Reply to Plaintiff's Opposition to the Motion to Dismiss by October 23, 2018. So ORDERED by Judge James E. Boasberg on 10/9/2018. (lcjeb3) (Entered: 10/09/2018)
2018-10-09Set/Reset Deadlines: Replies due by 10/23/2018. (znbn) (Entered: 10/10/2018)
2018-10-2327REPLY to opposition to motion re 20 MOTION to Dismiss Partial as to First & Second Claims for Relief filed by JOHN J. SULLIVAN, UNITED STATES DEPARTMENT OF STATE. (Gualtieri, David) (Entered: 10/23/2018)
2018-11-0828ORDER GRANTING 20 Motion to Partially Dismiss Amended Complaint. The Court ORDERS that (1) the First and Second Claims for Relief are DISMISSED WITHOUT PREJUDICE; and (2) if Plaintiff wishes to file an amended complaint, it must do so by December 10, 2018. Signed by Judge James E. Boasberg on 11/8/2019. (lcjeb1) (Entered: 11/08/2018)
2018-11-0829MEMORANDUM OPINION re 28 Order on Motion to Partially Dismiss. Signed by Judge James E. Boasberg on 11/8/2018. (lcjeb1) (Entered: 11/08/2018)
2018-11-08Set/Reset Deadlines: Amended Pleadings due by 12/10/2018. (znbn) (Entered: 11/08/2018)
2018-11-1330Joint STATUS REPORT as to FOIA Claims by JOHN J. SULLIVAN, UNITED STATES DEPARTMENT OF STATE. (Sroka, Scott) (Entered: 11/13/2018)
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by FOIA Project Staff
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