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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 ClosedOpen
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)
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by FOIA Project Staff
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