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Case TitleCenter for Biological Diversity v. United States Forest Service
DistrictDistrict of Arizona
CityTucson Division
Case Number4:2018cv00340
Date Filed2018-07-10
Date Closed2019-04-17
JudgeJudge Jennifer G Zipps
PlaintiffCenter for Biological Diversity
Case DescriptionThe Center for Biological Diversity submitted a FOIA request to the U.S. Forest Service for records concerning the Four Forests Restoration Initiative. The agency acknowledged receipt of the request and asked the Center to specify a time-frame. The Center do so. After hearing nothing further from the agency, the Center filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Attorney's fees

DefendantUnited States Forest Service
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2018-07-101COMPLAINT. Filing fee received: $ 400.00, receipt number 0970-15708193 filed by Center for Biological Diversity. (Fink, Marc) (Attachments: # 1 Civil Cover Sheet, # 2 Certificate)(KEP) (Entered: 07/10/2018)
2018-07-102Corporate Disclosure Statement by Center for Biological Diversity. (Fink, Marc) (KEP) (Entered: 07/10/2018)
2018-07-103SUMMONS Submitted by Center for Biological Diversity. (Fink, Marc) (KEP) (Entered: 07/10/2018)
2018-07-104Filing fee paid, receipt number 0970-15708193. This case has been assigned to the Honorable Jennifer G Zipps. All future pleadings or documents should bear the correct case number: CV-18-340-TUC-JGZ. Notice of Availability of Magistrate Judge to Exercise Jurisdiction form attached. (KEP) (Entered: 07/10/2018)
2018-07-105Summons Issued as to United States Forest Service. (KEP). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document. (Entered: 07/10/2018)
2018-07-11Remark: Pro hac vice motion granted for Marc D Fink on behalf of plaintiff. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) (Entered: 07/11/2018)
2018-07-126SCHEDULING ORDER (FOIA): The Clerk of the Court assigned this case to the expedited track pursuant to the Local Rules of Practice for this Court, LRCiv 16.2(b)(1)(A)(i). IT IS ORDERED that defendant shall serve an answer or otherwise plead within thirty (30) days after service, unless the Court otherwise directs for good cause shown. Signed by Judge Jennifer G Zipps on 7/12/2018. (BAR) (Entered: 07/12/2018)
2018-07-177NOTICE re: Certificate of Service by Center for Biological Diversity re: 6 Order Served on Defendants . (Fink, Marc) (Entered: 07/17/2018)
2018-07-318SERVICE EXECUTED filed by Center for Biological Diversity: Proof of Service re: complaint, summons, civil case cover sheet, corporate disclosure statement, pro hac vice application, scheduling order, notice of availability of magistrate upon United States Forest Service, U.S. Attorney General, U.S. Attorney for District of Arizona on U.S. Forest Service 7/18/18; U.S. Attorney's Office for AZ 7/16/18; U.S. Attorney General 7/16/18. (Fink, Marc) (Entered: 07/31/2018)
2018-08-099STIPULATION FOR EXTENSION OF TIME TO ANSWER COMPLAINT re: 1 Complaint by United States Forest Service. (Attachments: # 1 Text of Proposed Order)(Hernandez, J) (Entered: 08/09/2018)
2018-08-1010ORDER granting 9 Stipulation For Extension of Time To Answer Complaint : United States Forest Service answer due 9/14/2018. Signed by Judge Jennifer G Zipps on 8/10/2018. (BAR) (Entered: 08/10/2018)
2018-09-1111STIPULATION FOR EXTENSION OF TIME TO ANSWER COMPLAINT re: 1 Complaint (Second Request) by United States Forest Service. (Attachments: # 1 Text of Proposed Order)(Hernandez, J) (Entered: 09/11/2018)
2018-09-1812ORDER granting 11 Stipulation For Extension of Time To Answer Complaint : United States Forest Service answer due 10/14/2018. Signed by Judge Jennifer G Zipps on 9/17/2018. (BAR) (Entered: 09/18/2018)
2018-10-1013STIPULATION FOR EXTENSION OF TIME TO ANSWER COMPLAINT re: 1 Complaint by United States Forest Service. (Attachments: # 1 Text of Proposed Order)(Hernandez, J) (Entered: 10/10/2018)
2018-10-1114ORDER granting 13 Stipulation For Extension of Time To Answer Complaint : United States Forest Service answer due 11/14/2018. Signed by Judge Jennifer G Zipps on 10/10/2018. (BAR) (Entered: 10/11/2018)
2018-11-0915STIPULATION to Stay Deadline to Answer or Otherwise Plead for 60 Days to Enable Parties to Attempt to Resolve Issue of Attorney's Fees and Costs by United States Forest Service. (Attachments: # 1 Text of Proposed Order)(Hernandez, J) (Entered: 11/09/2018)
2018-11-1416ORDER granting 15 Stipulation to Stay Deadline to Answer or Otherwise Plead for 60 Days to Enable Parties to Attempt to Resolve Issue of Attorney's Fees and Costs. If the parties are unable to resolve the issue of attorney's fees and costs by 1/14/2019, Defendant United States Forest Service shall file an answer by 1/28/2019. Signed by Judge Jennifer G Zipps on 11/13/2018. (BAR) (Entered: 11/14/2018)
2018-12-2617MOTION to Stay Motion for Stay of Case Due to Federal Government Shutdown by United States Forest Service. (Attachments: # 1 Text of Proposed Order)(Hernandez, J) (Entered: 12/26/2018)
2019-01-1118ORDER granting 17 Motion to Stay Case Due to Federal Government Shutdown. Further ordered that counsel for the United States shall file a notice of resumed government activity within 5 business days of the U.S. Department of Justice being funded and counsels return to work. Signed by Judge Jennifer G Zipps on 1/10/2019. (BAR) (Entered: 01/11/2019)
2019-02-0419NOTICE re: Resumed Government Activty by United States Forest Service . (Hernandez, J) (Entered: 02/04/2019)
2019-02-0620ORDER re: 19 Notice of Resumed Government Activity, it is ordered that the stay of this matter is lifted. Signed by Judge Jennifer G Zipps on 2/5/2019. (BAR) (Entered: 02/06/2019)
2019-02-1221STIPULATION Regarding Proposed Scheduling Order for Remainder of Litigation by United States Forest Service. (Attachments: # 1 Text of Proposed Order)(Hernandez, J) (Entered: 02/12/2019)
2019-02-1322ORDER pursuant to 21 Stipulation Regarding Proposed Scheduling Order for Remainder of Litigation . It is Ordered parties shall have until 3/15/2019, to resolve the fess and costs issue. If the parties are unable to resolve the issue by 3/15/2019, Defendant shall file an answer or otherwise plead by 3/22/2019 (see attached Order for complete details). Signed by Judge Jennifer G Zipps on 2/13/2019. (MFR) (Entered: 02/13/2019)
2019-03-0523NOTICE of Settlement by United States Forest Service. (Hernandez, J) (Entered: 03/05/2019)
2019-03-1324ORDER re: 23 Notice of Settlement, it is ordered that the parties shall file a stipulation and form of order for dismissal on or before April 26, 2019. Signed by Judge Jennifer G Zipps on 3/13/2019. (BAR) (Entered: 03/13/2019)
2019-04-1625STIPULATION of Dismissal by United States Forest Service. (Attachments: # 1 Text of Proposed Order)(Hernandez, J) (Entered: 04/16/2019)
2019-04-1726ORDER granting 25 Stipulation of Dismissal with Prejudice. All claims in this action are dismissed with prejudice. Defendant will bear its own costs, fees, and expenses. Any and all attorneys fees, costs and expenses incurred by the Plaintiff will be paid out of the settlement amount and not in addition thereto. Signed by Judge Jennifer G Zipps on 4/16/2019. (BAR) (Entered: 04/17/2019)
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