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Case TitleCenter for Biological Diversity v. US Fish and Wildlife Service
DistrictNorthern District of Alabama
CityNortheastern
Case Number5:2018cv01312
Date Filed2018-08-16
Date Closed2020-05-06
JudgeJudge Liles C Burke
PlaintiffCenter for Biological Diversity
Case DescriptionThe Center for Biological Diversity submitted a FOIA request to U.S. Fish and Wildlife Service for records concerning the potential impact to the spring pygmy sunfish from a new auto plant on the outskirts of Huntsville, Alabama. The agency acknowledged receipt of the request and indicated that it would start processing it. After hearing nothing further from the agency, the Center filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Vaughn index, Litigation - Attorney's fees

DefendantUS Fish and Wildlife Service
Documents
Docket
Complaint
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2018-08-161COMPLAINT for Declaratory and Injunctive Relief against US Fish and Wildlife Service filed by Center for Biological Diversity.(AHI) (Entered: 08/16/2018)
2018-08-162NOTICE Of Assignment of Case to a United States Magistrate Judge for Trial (AHI) (Entered: 08/16/2018)
2018-08-163Corporate Disclosure Statement by Center for Biological Diversity. filed by Center for Biological Diversity (Martin, Mark) (Entered: 08/16/2018)
2018-08-174MOTION for Leave for Amy R. Atwood to Appear Pro Hac Vice by Center for Biological Diversity. (Attachments: # 1 Declaration)(Martin, Mark) Modified on 8/17/2018 (SPT ). (Entered: 08/17/2018)
2018-08-175MOTION for Leave for Elisa Pautler Bennett to Appear Pro Hac Vice by Center for Biological Diversity. (Attachments: # 1 Declaration)(Martin, Mark) Modified on 8/17/2018 (SPT). (Entered: 08/17/2018)
2018-08-17Filing Fee: Filing fee $ 400, receipt_number 1126-3154574 (B4601091383). related document 1 COMPLAINT for Declaratory and Injunctive Relief against US Fish and Wildlife Service filed by Center for Biological Diversity.(AHI). (Martin, Mark) (Entered: 08/17/2018)
2018-08-17PHV Fee paid: $ 50, receipt number 1126-3154581 (B4601091985). (Martin, Mark) (Entered: 08/17/2018)
2018-08-17PHV Fee paid: $ 50, receipt number 1126-3154584 (B4601091384). (Martin, Mark) (Entered: 08/17/2018)
2018-08-176TEXT ORDER granting 4 Motion for Leave to Appear Pro Hac Vice of Amy R. Atwood; granting 5 Motion for Leave to Appear Pro Hac Vice of Elisa Pautler Bennett. Signed by Magistrate Judge Herman N Johnson, Jr on 8/17/18. (LBG, ) (Entered: 08/17/2018)
2018-08-207Summons Issued as to US Fish and Wildlife Service, U.S. Attorney and U.S. Attorney General by Clerk and delivered to Plaintiff for service. (BJL ) (Entered: 08/20/2018)
2018-08-228Alias Summons Issued as to US Fish and Wildlife Service, U.S. Attorney and U.S. Attorney General by Clerk and delivered to Plaintiff for service. (BJL) (Entered: 08/22/2018)
2018-09-219NOTICE of Appearance by Mary Lester Marshall on behalf of US Fish and Wildlife Service (Marshall, Mary) (Entered: 09/21/2018)
2018-09-2110ANSWER to Complaint by US Fish and Wildlife Service.(Marshall, Mary) (Entered: 09/21/2018)
2018-09-2411NOTICE OF CASE REASSIGNMENT: The parties having not unanimously consented to the dispositive jurisdiction by a Magistrate Judge, this case has been randomly reassigned to the Honorable Abdul K. Kallon. Please use case number 5:18-cv-1312-AKK on all subsequent pleadings. (BJL) (Entered: 09/24/2018)
2018-09-2512SUMMONS Returned Executed by Center for Biological Diversity. US Fish and Wildlife Service served on 9/4/2018, answer due 9/25/2018. (Attachments: # 1 Service c/o US Attorney, # 2 Service c/o Attorney General)(Martin, Mark) (Entered: 09/25/2018)
2018-09-2613SUMMONS Returned Executed by Center for Biological Diversity. (Attachments: # 1 Return served c/o Attorney General, # 2 Return served c/o US Attorney)(Martin, Mark) (Entered: 09/26/2018)
2018-09-2614ORDER SETTING PRETRIAL CONFERENCE AND TRIAL: Rule 26 Meeting Report due by 11/26/2018; Pretrial Conference set for 3/11/2020 at 9:30 AM; Bench Trial set for 4/13/2020 at 9:00 AM; in the Hugo L Black US Courthouse, Birmingham, AL before Judge Abdul K Kallon. Signed by Judge Abdul K Kallon on 9/26/2018. (AFS) (Entered: 09/26/2018)
2018-09-2715ALND UNIFORM INITIAL ORDER GOVERNING ALL FURTHER PROCEEDINGS reminding parties of their obligations under FRCP26(f) - with appendices attached. Signed by Judge Abdul K Kallon on 9/27/2018. (KSS) (Entered: 09/27/2018)
2018-10-1216First Amended ANSWER to 1 Complaint by US Fish and Wildlife Service.(Marshall, Mary) (Entered: 10/12/2018)
2018-10-2917NOTICE OF REASSIGNMENT Case Reassigned to Judge Liles C Burke. Judge Abdul K Kallon no longer assigned to the case. Please use case number 5:18-cv-01312-LCB on all subsequent filings. (AFS) (Entered: 10/29/2018)
2018-10-3118ORDER that the pretrial conference set for 3/11/2020, and the trial set for 4/13/2020 are CONTINUED and will be reset at a later date. Signed by Judge Liles C Burke on 10/31/2018. (AHI) (Entered: 10/31/2018)
2018-11-1919REPORT of Rule 26(f) Planning Meeting. (Marshall, Mary) (Entered: 11/19/2018)
2018-12-1220SCHEDULING ORDER: that certain time limits and deadlines apply as set out in this order; Discovery due by 5/27/2019; Dispositive Motions due by 6/28/2019; Witness and Exhibit Lists due by 7/26/2019; Trial ready by 8/2019. Signed by Judge Liles C Burke on 12/12/2018. (AHI) (Entered: 12/12/2018)
2019-06-1921Joint MOTION for Extension of Time to File Dispositive Motions by Center for Biological Diversity. (Attachments: # 1 Text of Proposed Order)(Bennett, Elise) (Entered: 06/19/2019)
2019-06-2422TEXT ORDER granting 21 Joint Motion to Extend Deadline for Dispositive Motions. Dispositive motion deadline is extended to July 31, 2019. Signed by Judge Liles C Burke on 6/24/2019. (NDH) (Entered: 06/24/2019)
2019-07-3123Joint MOTION to Stay re 22 Order on Motion for Extension of Time by Center for Biological Diversity. (Attachments: # 1 Text of Proposed Order)(Bennett, Elise) (Entered: 07/31/2019)
2019-07-3124TEXT ORDER granting 23 Motion to Stay. This action is stayed until August 31, 2019. On September 3, 2019, the parties shall file a joint status report indicating that the matter has settled OR a joint proposed scheduling order, including a proposed dispositive motion deadline. Signed by Judge Liles C Burke on 7/31/2019. (NDH) (Entered: 07/31/2019)
2019-08-3025Joint MOTION to Stay re 24 Order on Motion to Stay, by Center for Biological Diversity. (Attachments: # 1 Text of Proposed Order)(Bennett, Elise) (Entered: 08/30/2019)
2019-09-0326TEXT ORDER granting 25 Joint Motion to Extend Stay. This action is stayed until September 30, 2019, to allow the parties time to finalize an agreement resolving same. Parties shall file a joint status report on September 30, 2019; if the action is not fully resolved, the parties shall include in the status report joint proposed pretrial deadlines and a ready for trial date. Signed by Judge Liles C Burke on 9/3/2019. (NDH) (Entered: 09/03/2019)
2019-09-3027MOTION to Extend Stay by US Fish and Wildlife Service. (Marshall, Mary) (Entered: 09/30/2019)
2019-10-0128ORDER that the 27 Motion to Extend Stay is GRANTED and this case is STAYED until 11/30/2019 as more fully set out in order. Signed by Judge Liles C Burke on 10/1/2019. (AHI) (Entered: 10/01/2019)
2019-11-2729STATUS REPORT and Motion to Extend Stay by Center for Biological Diversity. filed by Center for Biological Diversity (Attachments: # 1 Text of Proposed Order)(Bennett, Elise) Modified on 11/27/2019 (AHI). (Entered: 11/27/2019)
2019-12-0930TEXT ORDER granting 29 Motion. The stay in this case is hereby extended to January 10, 2020. The parties shall file a joint status report on or before January 10, 2020. Signed by Judge Liles C Burke on 12/09/2019. (KBW) (Entered: 12/09/2019)
2020-01-1031STATUS REPORT by US Fish and Wildlife Service and MOTION to Stay. filed by US Fish and Wildlife Service (Marshall, Mary) Modified on 1/13/2020 (AHI). (Entered: 01/10/2020)
2020-01-1332TEXT ORDER granting 31 Motion to Stay. The stay is hereby EXTENDED to February 10, 2020 to allow the parties time to finalize a settlement agreement. A joint report on the status of settlement negotiations is due by February 10, 2020. Signed by Judge Liles C Burke on 1/13/2020. (RAC) (Entered: 01/13/2020)
2020-02-1033STATUS REPORT and Motion to Extend Stay and Set Briefing Schedule by Center for Biological Diversity. filed by Center for Biological Diversity (Bennett, Elise) (Entered: 02/10/2020)
2020-02-1234TEXT ORDER that a Telephone Conference regarding the Motion to Extend Stay and Set Briefing Schedule is set for 2/19/2020 at 9:30 a.m. CST; Dial In Information will be emailed to cousel. Signed by Judge Liles C Burke on 2/12/20. (SPT ) (Entered: 02/12/2020)
2020-02-1435TEXT ORDER (CHANGE IN TIME ONLY): Telephone Conference is RESET for 2/19/2020 at 9:00 a.m. CST; dial in information previously emailed to counsel will remain the same. Signed by Judge Liles C Burke on 2/14/20. (SPT ) (Entered: 02/14/2020)
2020-02-19Minute Entry for proceedings held before Judge Liles C Burke: Telephone Conference held on 2/19/2020. (SPT ) (Entered: 02/19/2020)
2020-02-2036ORDER that the 33 MOTION to Extend Stay is GRANTED and the deadline for Plaintiff to file the motion 4/6/2020; the Defendant's response is due by 5/4/2020; Plaintiff reply is due by 5/8/2020. Signed by Judge Liles C Burke on 2/20/2020. (AHI) (Entered: 02/20/2020)
2020-04-0137Unopposed MOTION for Extension of Time to file a Motion for Attorneys' Fees and Costs by Center for Biological Diversity. (Attachments: # 1 Text of Proposed Order)(Bennett, Elise) (Entered: 04/01/2020)
2020-04-0338TEXT ORDER denying 37 Motion for Extension of Time. Signed by Judge Liles C Burke on 4/3/2020. (RAC) (Entered: 04/03/2020)
2020-04-0639MOTION for Attorney Fees and Costs by Center for Biological Diversity. (Attachments: # 1 Exhibit Declaration of D. Noah Greenwald, # 2 Exhibit Declaration of Elise Pautler Bennett, # 3 Exhibit Declaration of Amy R. Atwood, # 4 Exhibit Declaration of Mark E. Martin, # 5 Exhibit Declaration of Eva Dillard, # 6 Exhibit National Law Journal Legal Billing Survey)(Bennett, Elise) (Entered: 04/06/2020)
2020-05-0440STIPULATION re 1 Complaint of Settlement and Dismissal by Center for Biological Diversity. filed by Center for Biological Diversity (Attachments: # 1 Text of Proposed Order)(Bennett, Elise) (Entered: 05/04/2020)
2020-05-0441NOTICE by Center for Biological Diversity re 39 MOTION for Attorney Fees and Costs of Withdrawal of Motion for Attorneys' Fees and Costs (Bennett, Elise) (Entered: 05/04/2020)
2020-05-0642ORDER: It is ORDERED that the terms and conditions of the parties' Stipulation are adopted as an enforceable order of the Court. The Court will retain jurisdiction for sixty days from the date of this order solely to enforce theterms of the Stipulation. Plaintiff's complaint is DISMISSED WITH PREJUDICE, and the Clerk of Court is DIRECTED to close this case. Signed by Judge Liles C Burke on 5/6/20. (BJL) (Entered: 05/06/2020)
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by FOIA Project Staff
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