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Case TitleMISSOURI COALITION FOR THE ENVIRONMENT v. U.S. ARMY CORPS OF ENGINEERS
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2018cv00663
Date Filed2018-03-23
Date ClosedOpen
JudgeJudge Timothy J. Kelly
PlaintiffMISSOURI COALITION FOR THE ENVIRONMENT
Case DescriptionThe Missouri Coalition for the Environment submitted five FOIA requests to U.S. Army Corps of Engineers for records concerning pending permit applications in the St. Louis and Little Rock area. The agency acknowledged receipt of the requests and responded to all of them, withholding some documents under Exemption 5 (privileges). MCE then filed suit, alleging the agency had a policy or practice of withholding such records even though they had been disclosed as the result of prior litigation.
Complaint issues: Litigation - Attorney's fees

DefendantU.S. ARMY CORPS OF ENGINEERS
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2018-03-231COMPLAINT against U.S. ARMY CORPS OF ENGINEERS ( Filing fee $ 400 receipt number 0090-5385558) filed by MISSOURI COALITION FOR THE ENVIRONMENT. (Attachments: # 1 Civil Cover Sheet, # 2 Corporate Disclosure)(Hubertz, Elizabeth) (Attachment 1 replaced on 3/26/2018) (jd) (Entered: 03/23/2018)
2018-03-232REQUEST FOR SUMMONS TO ISSUE re 1 Complaint, filed by MISSOURI COALITION FOR THE ENVIRONMENT. Related document: 1 Complaint, filed by MISSOURI COALITION FOR THE ENVIRONMENT. (Attachments: # 1 Summons, # 2 Summons)(Hubertz, Elizabeth) (Entered: 03/23/2018)
2018-03-233LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by MISSOURI COALITION FOR THE ENVIRONMENT. (jd) (Entered: 03/26/2018)
2018-03-23Case Assigned to Judge Timothy J. Kelly. (jd) (Entered: 03/26/2018)
2018-03-264SUMMONS (3) Issued Electronically as to U.S. ARMY CORPS OF ENGINEERS, U.S. Attorney and U.S. Attorney General. (Attachments: # 1 Notice and Consent)(jd) (Entered: 03/26/2018)
2018-04-165NOTICE of Appearance by Shanna Laura Cronin on behalf of U.S. ARMY CORPS OF ENGINEERS (Cronin, Shanna) (Entered: 04/16/2018)
2018-04-256ANSWER to Complaint by U.S. ARMY CORPS OF ENGINEERS.(Cronin, Shanna) (Entered: 04/25/2018)
2018-05-02MINUTE 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 May 21, 2018. Signed by Judge Timothy J. Kelly on 5/2/2018. (lctjk3) (Entered: 05/02/2018)
2018-05-03Set/Reset Deadlines: Joint proposed schedule for briefing or disclosure due by 5/21/2018. (jl) (Entered: 05/03/2018)
2018-05-087NOTICE OF SUBSTITUTION OF COUNSEL by Jeremy Allen Haugh on behalf of U.S. ARMY CORPS OF ENGINEERS Substituting for attorney Shanna Cronin (Haugh, Jeremy) (Entered: 05/08/2018)
2018-05-218RESPONSE to Minute Order of May 2, 2018 by MISSOURI COALITION FOR THE ENVIRONMENT. (Hubertz, Elizabeth) Modified on 5/22/2018 to correct docket text (jf). (Entered: 05/21/2018)
2018-05-21MINUTE ORDER: Upon review of the 8 Proposed Briefing Schedule filed by the parties, it is hereby ORDERED that Defendant shall file its Motion for Summary Judgment by July 20, 2018; Plaintiff shall file its Memorandum in Opposition to Defendant's Motion for Summary Judgment and Cross-Motion for Summary Judgment by August 20, 2018; Defendant shall file its Reply in Support of its Motion for Summary Judgment and Opposition to Plaintiff's Cross-Motion by September 19, 2018; and Plaintiff shall file its Reply in support of its Cross-Motion by October 4, 2018. Signed by Judge Timothy J. Kelly on 5/21/2018. (lctjk3) (Entered: 05/21/2018)
2018-05-229RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General April 2 2018. (Hubertz, Elizabeth) (Main Document 9 replaced on 5/23/2018) (zjf). (Entered: 05/22/2018)
2018-05-2210RETURN 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. (Hubertz, Elizabeth) (Main Document 10 replaced on 5/23/2018) (zjf). (Entered: 05/22/2018)
2018-05-2211Summons Returned Unexecuted by MISSOURI COALITION FOR THE ENVIRONMENT as to U.S. ARMY CORPS OF ENGINEERS. (Hubertz, Elizabeth) (Main Document 11 replaced on 5/23/2018) (zjf). (Entered: 05/22/2018)
2018-05-2212REQUEST FOR SUMMONS TO ISSUE to US Corps of Engineers filed by MISSOURI COALITION FOR THE ENVIRONMENT.(Hubertz, Elizabeth) (Entered: 05/22/2018)
2018-05-2313SUMMONS (1) Issued Electronically as to U.S. ARMY CORPS OF ENGINEERS. (jf) (Entered: 05/23/2018)
2018-06-0614RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. ARMY CORPS OF ENGINEERS served on 4/2/2018 (Hubertz, Elizabeth) Modified on 7/2/2018 (zrdj). (Entered: 06/06/2018)
2018-07-2015Consent MOTION for Extension of Time to File Motion for Summary Judgment by U.S. ARMY CORPS OF ENGINEERS (Haugh, Jeremy) (Entered: 07/20/2018)
2018-07-23MINUTE ORDER granting, nunc pro tunc, Defendant's 15 Consent Motion for Extension of Time. It is hereby ORDERED that Defendant shall file its motion for summary judgment by July 27, 2018; Plaintiff shall file its cross-motion for summary judgment and opposition to Defendant's motion by August 27, 2018; Defendant shall file its reply in support of its motion by September 26, 2018; and Plaintiff shall file its reply in support of its cross-motion by October 11, 2018. Signed by Judge Timothy J. Kelly on 7/23/2018. (lctjk3) (Entered: 07/23/2018)
2018-07-2716MOTION for Summary Judgment by U.S. ARMY CORPS OF ENGINEERS (Attachments: # 1 Statement of Facts, # 2 Declaration of Jacqueline E. Bouchard, # 3 Declaration of William P. Levins)(Haugh, Jeremy) (Entered: 07/27/2018)
2018-08-2717Cross MOTION for Summary Judgment Statement of Facts and Memorandum in Support by MISSOURI COALITION FOR THE ENVIRONMENT (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Declaration of Heather Navarro, # 8 Declaration of Elizabeth Hubertz, # 9 Text of Proposed Order)(Hubertz, Elizabeth) (Entered: 08/27/2018)
2018-08-2718Memorandum in opposition to re 16 MOTION for Summary Judgment filed by MISSOURI COALITION FOR THE ENVIRONMENT. (Hubertz, Elizabeth) (Entered: 08/27/2018)
2018-09-2619Memorandum in opposition to re 17 Cross MOTION for Summary Judgment Statement of Facts and Memorandum in Support and Reply Memorandum In Support of Defendant's Motion for Summary Judgment filed by U.S. ARMY CORPS OF ENGINEERS. (Attachments: # 1 Exhibit Levins Supplemental Declaration, # 2 Exhibit Bouchard Supplemental Declaration)(Haugh, Jeremy) (Entered: 09/26/2018)
2018-09-2620REPLY to opposition to motion re 16 MOTION for Summary Judgment filed by U.S. ARMY CORPS OF ENGINEERS. (Haugh, Jeremy) (Entered: 09/26/2018)
2018-10-1121REPLY to opposition to motion re 17 Cross MOTION for Summary Judgment Statement of Facts and Memorandum in Support filed by MISSOURI COALITION FOR THE ENVIRONMENT. (Hubertz, Elizabeth) (Entered: 10/11/2018)
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by FOIA Project Staff
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