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Case TitleCENTER FOR BIOLOGICAL DIVERSITY, INC. v. DEPARTMENT OF AGRICULTURE et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2018cv01706
Date Filed2018-07-20
Date ClosedOpen
JudgeJudge Amy Berman Jackson
PlaintiffCENTER FOR BIOLOGICAL DIVERSITY, INC.
Case DescriptionThe Center for Biological Diversity submitted FOIA requests to the Department of Agriculture, U.S. Fish and Wildlife Services and the EPA for records concerning the Agriculture Department's Endangered Species Act consultation with EPA on the effects of registering chlorpyrifos, malathion, and diazinon. All three agencies acknowledged receipt of the request. FWS provided an initial disclosure of 34 records, but after hearing nothing further from any of the agencies, the Center for Biological Diversity filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Vaughn index, Litigation - Attorney's fees

DefendantDEPARTMENT OF AGRICULTURE
DefendantU.S. DEPARTMENT OF AGRICULTURE
DefendantENVIRONMENTAL PROTECTION AGENCY
DefendantU.S. ENVIRONMENTAL PROTECTION AGENCY
DefendantFISH AND WILDLIFE SERVICE
DefendantU.S. FISH AND WILDLIFE SERVICE
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
Complaint attachment 7
Complaint attachment 8
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2018-07-201COMPLAINT against All Defendants ( Filing fee $ 400 receipt number 0090-5598534) filed by CENTER FOR BIOLOGICAL DIVERSITY, INC.. (Attachments: # 1 Civil Cover Sheet, # 2 Corporate Disclosure, # 3 Notice of Related Case, # 4 Summons U.S. Attorney General, # 5 Summons U.S. Attorney, # 6 Summons U.S. Fish and Wildlife Service, # 7 Summons U.S. Environmental Protection Agency, # 8 Summons U.S. Department of Agriculture)(Townsend, Margaret) (Attachment 1 replaced on 7/23/2018) (zmd). (Entered: 07/20/2018)
2018-07-202NOTICE OF RELATED CASE by CENTER FOR BIOLOGICAL DIVERSITY, INC.. Case related to Case No. 18-342. (zmd) (Entered: 07/23/2018)
2018-07-203LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by CENTER FOR BIOLOGICAL DIVERSITY, INC.. (zmd) (Entered: 07/23/2018)
2018-07-20Case Assigned to Judge Amy Berman Jackson. (zmd) (Entered: 07/23/2018)
2018-07-244SUMMONS (5) Issued Electronically as to U.S. DEPARTMENT OF AGRICULTURE, U.S. ENVIRONMENTAL PROTECTION AGENCY, U.S. FISH AND WILDLIFE SERVICE, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent) (zmd) (Entered: 07/24/2018)
2018-07-26MINUTE ORDER. The parties must submit a joint status report by August 1, 2018 addressing whether a related case, 18-cv-342, should be consolidated with this case and whether the records requested in this case should be incorporated into the schedule for rolling production that was established in that case. Signed by Judge Amy Berman Jackson on 07/26/2018. (lcabj3) (Entered: 07/26/2018)
2018-07-265MOTION 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. - sparent@biologicaldiversity.org Filing fee $ 100, receipt number 0090-5606867. Fee Status: Fee Paid. by CENTER FOR BIOLOGICAL DIVERSITY, INC. (Attachments: # 1 Declaration of Stephanie M. Parent, # 2 Text of Proposed Order)(Townsend, Margaret) (Entered: 07/26/2018)
2018-07-27MINUTE ORDER granting 5 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 7/27/18. (DMK) (Entered: 07/27/2018)
2018-08-016STATUS REPORT by CENTER FOR BIOLOGICAL DIVERSITY, INC.. (Townsend, Margaret) (Entered: 08/01/2018)
2018-08-02MINUTE ORDER. The parties must submit an updated status report by October 3, 2018. Signed by Judge Amy Berman Jackson on 08/2/2018. (lcabj3) (Entered: 08/02/2018)
2018-08-137ENTERED IN ERROR.....RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 8/3/2018. Answer due for ALL FEDERAL DEFENDANTS by 9/2/2018. (Townsend, Margaret) Modified on 8/14/2018 (znmw). (Entered: 08/13/2018)
2018-08-138ENTERED IN ERROR.....RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 8/1/2018. (Townsend, Margaret) Modified on 8/14/2018 (znmw). (Entered: 08/13/2018)
2018-08-139ENTERED IN ERROR.....RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF AGRICULTURE served on 7/31/2018; U.S. ENVIRONMENTAL PROTECTION AGENCY served on 7/31/2018; U.S. FISH AND WILDLIFE SERVICE served on 7/31/2018 (Townsend, Margaret) Modified on 8/14/2018 (znmw). (Entered: 08/13/2018)
2018-08-14NOTICE OF CORRECTED DOCKET ENTRY: Docket Entries 7 Summons Returned Executed in FOIA as to U.S. Attorney, 9 Summons Returned Executed as to Federal Defendant, and 8 Summons Returned Executed as to U.S. Attorney General were entered in error (incorrect case number) and counsel is instructed to refile said documents with correct case number. (znmw) (Entered: 08/14/2018)
2018-08-1410RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 8/3/2018. Answer due for ALL FEDERAL DEFENDANTS by 9/2/2018. (Townsend, Margaret) (Entered: 08/14/2018)
2018-08-1411RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 8/1/2018. (Townsend, Margaret) (Entered: 08/14/2018)
2018-08-1412RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to Federal Defendants. Date of Service 07/31/2018 (Townsend, Margaret) (Entered: 08/14/2018)
2018-08-3113Consent MOTION for Extension of Time to File Answer re 1 Complaint,, by U.S. DEPARTMENT OF AGRICULTURE, U.S. ENVIRONMENTAL PROTECTION AGENCY, U.S. FISH AND WILDLIFE SERVICE (Hendry, Melanie) (Entered: 08/31/2018)
2018-09-05MINUTE ORDER granting 13 defendants' Consent Motion for Extension of Time. Defendants must file an answer to the complaint or other response by September 14, 2018. Signed by Judge Amy Berman Jackson on 09/05/2018. (lcabj3) (Entered: 09/05/2018)
2018-09-1414ANSWER to Complaint by U.S. DEPARTMENT OF AGRICULTURE, U.S. ENVIRONMENTAL PROTECTION AGENCY, U.S. FISH AND WILDLIFE SERVICE.(Hendry, Melanie) (Entered: 09/14/2018)
2018-09-18MINUTE 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 their production of documents to plaintiff, on or before October 16, 2018. SO ORDERED. Signed by Judge Amy Berman Jackson on 09/18/2018. (lcabj3) (Entered: 09/18/2018)
2018-10-1615Consent MOTION for Extension of Time to File Status Report by U.S. DEPARTMENT OF AGRICULTURE, U.S. ENVIRONMENTAL PROTECTION AGENCY, U.S. FISH AND WILDLIFE SERVICE (Hendry, Melanie) (Entered: 10/16/2018)
2018-10-16MINUTE ORDER granting 15 Consent Motion for Extension of Time. Defendants must file a dispositive motion or a status report with a production schedule by October 19, 2018. SO ORDERED. Signed by Judge Amy Berman Jackson on 10/16/2018. (lcabj3) (Entered: 10/16/2018)
2018-10-1916STATUS REPORT by U.S. DEPARTMENT OF AGRICULTURE, U.S. ENVIRONMENTAL PROTECTION AGENCY, U.S. FISH AND WILDLIFE SERVICE. (Hendry, Melanie) (Entered: 10/19/2018)
2018-10-25MINUTE ORDER. The defendants must file an updated status report by December 30, 2018. SO ORDERED. Signed by Judge Amy Berman Jackson on 10/25/2018. (lcabj3) (Entered: 10/25/2018)
2018-10-26Set/Reset Deadlines: Defendants must file an updated status report by 12/30/2018. (jth) (Entered: 10/26/2018)
2018-12-2617MOTION to Stay in Light of Lapse of Appropriations by U.S. DEPARTMENT OF AGRICULTURE, U.S. ENVIRONMENTAL PROTECTION AGENCY, U.S. FISH AND WILDLIFE SERVICE (Hendry, Melanie) (Entered: 12/26/2018)
2018-12-26MINUTE ORDER granting 17 Motion to Stay. The December 30, 2018 status report deadline is hereby vacated. Defendants must file a status report two business days of the resumption of government operations. SO ORDERED. Signed by Judge Amy Berman Jackson on 12/26/2018. (lcabj3) (Entered: 12/26/2018)
2019-01-3018NOTICE of Resumption of Government Operations and Proposed Schedule by U.S. DEPARTMENT OF AGRICULTURE, U.S. ENVIRONMENTAL PROTECTION AGENCY, U.S. FISH AND WILDLIFE SERVICE (Hendry, Melanie) (Entered: 01/30/2019)
2019-01-30MINUTE ORDER. In light of the government's notice 18 , the stay is lifted in this case. Defendants must submit a status report by February 15, 2019 that includes plaintiff's position on the proposed schedule. SO ORDERED. Signed by Judge Amy Berman Jackson on 01/30/2019. (lcabj3) (Entered: 01/30/2019)
2019-02-1519STATUS REPORT by U.S. DEPARTMENT OF AGRICULTURE, U.S. ENVIRONMENTAL PROTECTION AGENCY, U.S. FISH AND WILDLIFE SERVICE. (Hendry, Melanie) (Entered: 02/15/2019)
2019-02-1920STATUS REPORT by U.S. DEPARTMENT OF AGRICULTURE, U.S. ENVIRONMENTAL PROTECTION AGENCY, U.S. FISH AND WILDLIFE SERVICE. (Hendry, Melanie) (Entered: 02/19/2019)
2019-02-20MINUTE ORDER. Defendants must file a status report by March 15, 2019. SO ORDERED. Signed by Judge Amy Berman Jackson on 02/20/2019. (lcabj3) (Entered: 02/20/2019)
2019-03-1521STATUS REPORT by U.S. DEPARTMENT OF AGRICULTURE, U.S. ENVIRONMENTAL PROTECTION AGENCY, U.S. FISH AND WILDLIFE SERVICE. (Graham-Oliver, Heather) (Entered: 03/15/2019)
2019-03-19MINUTE ORDER. Defendants must file an updated status report on or before April 19, 2019. SO ORDERED. Signed by Judge Amy Berman Jackson on 03/19/2019. (lcabj3) (Entered: 03/19/2019)
2019-04-1922STATUS REPORT by U.S. DEPARTMENT OF AGRICULTURE, U.S. ENVIRONMENTAL PROTECTION AGENCY, U.S. FISH AND WILDLIFE SERVICE. (Hendry, Melanie) (Entered: 04/19/2019)
2019-04-1923STATUS REPORT Plaintiff's Status Report by CENTER FOR BIOLOGICAL DIVERSITY, INC.. (Parent, Stephanie) (Entered: 04/19/2019)
2019-04-23MINUTE ORDER. The parties must file a joint status report by May 23, 2019. SO ORDERED. Signed by Judge Amy Berman Jackson on 04/23/2019. (lcabj3) (Entered: 04/23/2019)
2019-05-2324Joint STATUS REPORT by U.S. DEPARTMENT OF AGRICULTURE, U.S. ENVIRONMENTAL PROTECTION AGENCY, U.S. FISH AND WILDLIFE SERVICE. (Hendry, Melanie) (Entered: 05/23/2019)
2019-05-28MINUTE ORDER. The parties must file an updated joint status report by June 25, 2019. SO ORDERED. Signed by Judge Amy Berman Jackson on 05/28/2019. (lcabj3) (Entered: 05/28/2019)
2019-06-2525Joint STATUS REPORT by U.S. DEPARTMENT OF AGRICULTURE, U.S. ENVIRONMENTAL PROTECTION AGENCY, U.S. FISH AND WILDLIFE SERVICE. (Hendry, Melanie) (Entered: 06/25/2019)
2019-07-01MINUTE ORDER. The parties must submit another joint status report by July 17, 2019. SO ORDERED. Signed by Judge Amy Berman Jackson on 07/01/2019. (lcabj3) (Entered: 07/01/2019)
2019-07-02Set/Reset Deadlines: Joint Status Report due by 7/17/2019. (tg) (Entered: 07/02/2019)
2019-07-1726Joint STATUS REPORT by CENTER FOR BIOLOGICAL DIVERSITY, INC.. (Townsend, Margaret) (Entered: 07/17/2019)
2019-07-25MINUTE ORDER. Defendants must produce their next interim release by August 26, 2019, and the parties must submit a joint status report by that date. SO ORDERED. Signed by Judge Amy Berman Jackson on 07/25/2019. (lcabj3) (Entered: 07/25/2019)
2019-08-0727NOTICE OF SUBSTITUTION OF COUNSEL by John Moustakas on behalf of U.S. DEPARTMENT OF AGRICULTURE, U.S. ENVIRONMENTAL PROTECTION AGENCY, U.S. FISH AND WILDLIFE SERVICE Substituting for attorney Melanie Hendry (Moustakas, John) (Entered: 08/07/2019)
2019-08-2628Joint STATUS REPORT by CENTER FOR BIOLOGICAL DIVERSITY, INC.. (Parent, Stephanie) (Entered: 08/26/2019)
2019-08-29MINUTE ORDER. The parties must file an updated joint status report by September 16, 2019. SO ORDERED. Signed by Judge Amy Berman Jackson on 08/29/2019. (lcabj3) (Entered: 08/29/2019)
2019-09-1629Joint STATUS REPORT by CENTER FOR BIOLOGICAL DIVERSITY, INC.. (Parent, Stephanie) (Entered: 09/16/2019)
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