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Case TitleFriends of the Earth v. U.S. Army Corps of Engineers
DistrictWestern District of Washington
CitySeattle
Case Number2:2018cv00677
Date Filed2018-05-10
Date ClosedOpen
JudgeJudge Thomas S. Zilly
PlaintiffFriends of the Earth a District of Columbia non-profit corporation
Case DescriptionFriends of the Earth submitted a FOIA request to U.S. Army Corps of Engineers for records concerning an updated biological assessment submitted by BP for the Cherry Point Marine Terminal. The agency denied the request under Exemption 5 (privileges). Friends of the Earth filed an administrative appeal. The agency acknowledged receipt of the appeal, but after hearing nothing further from the agency, Friends of the Earth filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantU.S. Army Corps of Engineers an agency of the United States of America
DefendantU.S. Army Corps of Engineers
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Opinion/Order [5]
Opinion/Order [12]
Opinion/Order [17]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2018-05-101COMPLAINT against defendant(s) U.S. Army Corps of Engineers (Receipt # 0981-5313089), filed by Friends of the Earth. (Attachments: # 1 Civil Cover Sheet, # 2 Summons)(Kampmeier, Paul) (Entered: 05/10/2018)
2018-05-102CORPORATE DISCLOSURE STATEMENT indicating no Corporate Parents and/or Affiliates. Filed pursuant to Fed.R.Civ.P 7.1. Filed by Friends of the Earth (Kampmeier, Paul) (Entered: 05/10/2018)
2018-05-11Judge Thomas S. Zilly added. (RE) (Entered: 05/11/2018)
2018-05-113Summons(es) electronically issued as to defendant(s) U.S. Army Corps of Engineers. (RE) (Entered: 05/11/2018)
2018-05-154CERTIFICATE OF SERVICE by Plaintiff Friends of the Earth (Kampmeier, Paul) (Entered: 05/15/2018)
2018-05-255ORDER directing counsel to confer and file a Joint Status Report due by 8/24/2018, by Judge Thomas S. Zilly. (SWT) (Entered: 05/25/2018)
2018-05-296SERVICE OF SUMMONS and Complaint returned executed upon defendant U.S. Army Corps of Engineers on 5/21/2018 (Kampmeier, Paul) (Entered: 05/29/2018)
2018-06-187NOTICE of Appearance by attorney Michelle R. Lambert on behalf of Defendant U.S. Army Corps of Engineers. (Lambert, Michelle) (Entered: 06/18/2018)
2018-06-188ANSWER to 1 Complaint by U.S. Army Corps of Engineers.(Lambert, Michelle) (Entered: 06/18/2018)
2018-07-169NOTICE of Appearance by attorney Brian Alan Knutsen on behalf of Plaintiff Friends of the Earth. (Knutsen, Brian) (Entered: 07/16/2018)
2018-08-0210JOINT STATUS REPORT signed by all parties estimated Trial Days: 0. (Kampmeier, Paul) (Entered: 08/02/2018)
2018-08-0211Joint Stipulated MOTION for Entry of Order Establishing Briefing Schedule , filed by Plaintiff Friends of the Earth. (Attachments: # 1 Proposed Order) Noting Date 8/2/2018, (Kampmeier, Paul) (Entered: 08/02/2018)
2018-08-0312MINUTE ORDER re parties' 10 Joint Status Report. The Court sets the following dates and deadlines: Bench Trial is set for 7/15/2019 before Judge Thomas S. Zilly; Deadline for defendant to file any dispositive motion is 8/24/2018; Agreed pretrial order due 6/20/2019; Trial briefs and proposed findings of fact and conclusions of law due 6/20/2019; Pretrial conference scheduled for 1:30 p.m. on 6/28/2019. The parties' joint motion, docket no. 11 , to establish a briefing schedule for dispositive motions is GRANTED. The dates and deadlines set forth herein are firm and can be changed only by order of the Court. Authorized by Judge Thomas S. Zilly. (TH) (Entered: 08/03/2018)
2018-08-2413MOTION for Summary Judgment , filed by Defendant U.S. Army Corps of Engineers. (Attachments: # 1 Proposed Order) Noting Date 10/19/2018, (Lambert, Michelle) (Entered: 08/24/2018)
2018-08-2414DECLARATION of Hynes filed by Defendant U.S. Army Corps of Engineers re 13 MOTION for Summary Judgment (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit)(Lambert, Michelle) (Entered: 08/24/2018)
2018-08-2415DECLARATION of Martin filed by Defendant U.S. Army Corps of Engineers re 13 MOTION for Summary Judgment (Lambert, Michelle) (Entered: 08/24/2018)
2018-09-0616Unopposed MOTION Clarify Scope of Review and Extend Administrative Record Deadlines , filed by Plaintiff Friends of the Earth. (Attachments: # 1 Proposed Order) Noting Date 9/6/2018, (Kampmeier, Paul) (Entered: 09/06/2018)
2018-09-1917MINUTE ORDER granting in part and deferring plaintiff's 16 Motion to Clarify Scope of Review and Extend Certain Deadlines; striking deadline for filing administrative record and filing any motion to supplement the administrative record. Authorized by Judge Thomas S. Zilly. (SWT) (Entered: 09/19/2018)
2018-09-2118CROSS-MOTION AND RESPONSE re 13 MOTION for Summary Judgment ., filed by Plaintiff Friends of the Earth. Oral Argument Requested. (Attachments: # 1 Proposed Order) Noting Date 10/19/2018, (Kampmeier, Paul) (Entered: 09/21/2018)
2018-09-2119DECLARATION of Fred Felleman filed by Plaintiff Friends of the Earth re 18 CROSS-MOTION AND RESPONSE re 13 MOTION for Summary Judgment . (Kampmeier, Paul) (Entered: 09/21/2018)
2018-09-2120DECLARATION of Marcelin Keever filed by Plaintiff Friends of the Earth re 18 CROSS-MOTION AND RESPONSE re 13 MOTION for Summary Judgment . (Kampmeier, Paul) (Entered: 09/21/2018)
2018-09-2121DECLARATION of Paul Kampmeier filed by Plaintiff Friends of the Earth re 18 CROSS-MOTION AND RESPONSE re 13 MOTION for Summary Judgment . (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Kampmeier, Paul) (Entered: 09/21/2018)
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by FOIA Project Staff
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