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Case TitleCENTER FOR BIOLOGICAL DIVERSITY v. U.S. DEPARTMENT OF STATE et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2018cv02139
Date Filed2018-09-16
Date ClosedOpen
JudgeJudge Trevor N. McFadden
PlaintiffCENTER FOR BIOLOGICAL DIVERSITY
Case DescriptionThe Center for Biological Diversity submitted FOIA requests to the Department of State, the Federal Aviation Administration, and the EPA for records concerning aircraft emission standards. The agencies acknowledged receipt of the requests. The FAA asked the Center to narrow the scope of its request. The Center provided the agency with its proposal for narrowing the scope but did not hear back from the FAA. After hearing nothing from any of the three agencies. The Center filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Attorney's fees

DefendantU.S. DEPARTMENT OF STATE
DefendantFEDERAL AVIATION ADMINISTRATION
DefendantU.S. ENVIRONMENTAL PROTECTION AGENCY
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
Complaint attachment 7
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2018-09-161COMPLAINT Center Biological Diversity as Plaintiff against CENTER FOR BIOLOGICAL DIVERSITY Against Federal Agency Defendants U.S. Department of State, FAA, EPA ( Filing fee $ 400 receipt number 0090-5690167) filed by CENTER FOR BIOLOGICAL DIVERSITY. (Attachments: # 1 Summons AG, # 2 Summons USAtty, # 3 Summons State, # 4 Summons FAA, # 5 Summons EPA, # 6 Declaration Rule 7, # 7 Civil Cover Sheet)(Snape, William) (Entered: 09/16/2018)
2018-09-162LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by CENTER FOR BIOLOGICAL DIVERSITY (zsb) (Entered: 09/17/2018)
2018-09-17Case Assigned to Judge Trevor N. McFadden. (zsb) (Entered: 09/17/2018)
2018-09-173ENTERED IN ERROR.....SUMMONS (5) Issued Electronically as to FEDERAL AVIATION ADMINISTRATION, U.S. DEPARTMENT OF STATE, U.S. ENVIRONMENTAL PROTECTION AGENCY, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(zsb) Modified on 10/1/2018 (znmw). (Entered: 09/17/2018)
2018-09-174MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Lyn Arnold, :Firm- Sole Practitioner, :Address- 3801 Connecticut Ave NW #146 Washington, DC 20008 LynArnoldJD@gmail.com. Phone No. - 206-940-6420. Fax No. - n/a Filing fee $ 100, receipt number 0090-5692283. Fee Status: Fee Paid. by CENTER FOR BIOLOGICAL DIVERSITY (Attachments: # 1 Declaration Ms. Lyn Arnold)(Snape, William) (Entered: 09/17/2018)
2018-09-175STANDING ORDER establishing procedures for cases before Judge Trevor N. McFadden. The parties are hereby ORDERED to read and comply with the directives in the attached standing order. Signed by Judge Trevor N. McFadden on 9/17/2018. (lctnm3) (Entered: 09/17/2018)
2018-09-17MINUTE ORDER granting the 4 Motion for Leave to Appear Pro Hac Vice of Attorney Lyn Arnold. Counsel shall promptly register for this Court's CM/ECF system. Signed by Judge Trevor N. McFadden on 9/17/2018. (lctnm3) (Entered: 09/17/2018)
2018-09-196SUMMONS (1) Issued Electronically as to U.S. Attorney General. (Attachments: # 1 Notice and Consent) (zmd) (Entered: 09/19/2018)
2018-10-017SUMMONS (5) Issued Electronically as to FEDERAL AVIATION ADMINISTRATION, U.S. DEPARTMENT OF STATE, U.S. ENVIRONMENTAL PROTECTION AGENCY, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(znmw) (Entered: 10/01/2018)
2018-10-01NOTICE OF CORRECTED DOCKET ENTRY: Docket Entry 3 Summons Issued Electronically was entered in error and summonses were reissued with court seal and Deputy Clerk's signature as Docket Entry 7 . (znmw) (Entered: 10/01/2018)
2018-10-228Unopposed MOTION for Extension of Time to File Answer by FEDERAL AVIATION ADMINISTRATION, U.S. DEPARTMENT OF STATE, U.S. ENVIRONMENTAL PROTECTION AGENCY (Attachments: # 1 Text of Proposed Order)(McBride, Patricia) (Entered: 10/22/2018)
2018-10-22MINUTE ORDER: Upon consideration of the Defendants' 8 Unopposed Motion for Enlargement of Time, it is hereby ORDERED that the Defendants shall file an Answer or otherwise respond to the Complaint by November 26, 2018. The parties are directed to comply with the Court's 5 Standing Order, including the provisions governing deadlines for submitting motions for extensions of time. Signed by Judge Trevor N. McFadden on 10/22/2018. (lctnm3) (Entered: 10/22/2018)
2018-10-23Set/Reset Deadlines: Defendants' answer or response to the Complaint due by 11/26/2018. (hmc) (Entered: 10/23/2018)
2018-11-269MOTION for Extension of Time to File Answer by FEDERAL AVIATION ADMINISTRATION, U.S. DEPARTMENT OF STATE, U.S. ENVIRONMENTAL PROTECTION AGENCY (Attachments: # 1 Text of Proposed Order)(McBride, Patricia) (Entered: 11/26/2018)
2018-11-27MINUTE ORDER granting 9 Motion for Extension of Time to Answer All Defendants. Upon considering Defendants' 9 Motion for Extension of Time, it is hereby ordered that Defendants shall file an answer no later than December 4, 2018. The Court again directs counsels' attention to its Standing Order. Future failures to comply may result in denial of the requested relief and/or sanctions. Signed by Judge Trevor McFadden on 11/27/2018 (lctnm2) (Entered: 11/27/2018)
2018-11-27Set/Reset Deadlines: Defendants' answer due by 12/4/2018. (hmc) (Entered: 11/27/2018)
2018-12-0410ANSWER to Complaint by FEDERAL AVIATION ADMINISTRATION, U.S. DEPARTMENT OF STATE, U.S. ENVIRONMENTAL PROTECTION AGENCY.(McBride, Patricia) (Entered: 12/04/2018)
2018-12-07MINUTE ORDER. Before the Court are a complaint and an answer in this FOIA case. It is hereby ORDERED that the parties shall meet and confer and file a Joint Status Report proposing a schedule for proceeding in this matter. The schedule should address, among other things, the status of Plaintiff's FOIA request, the anticipated number of documents responsive to Plaintiff's FOIA request, the anticipated date(s) for release of the documents requested by Plaintiff, whether a motion for an Open America stay is likely in this case, whether a Vaughn index will be required in this case, and a briefing schedule for dispositive motions, if required. The parties shall file the report on or before January 4, 2019. Signed by Judge Trevor N. McFadden on 12/7/2018. (lctnm3) (Entered: 12/07/2018)
2018-12-07Set/Reset Deadlines: Joint Status Report due by 1/4/2019. (hmc) (Entered: 12/07/2018)
2018-12-1011RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General September 24, 2018., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 9/24/2018. ( Answer due for ALL FEDERAL DEFENDANTS by 10/24/2018.), RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. FEDERAL AVIATION ADMINISTRATION served on 10/16/2018; U.S. DEPARTMENT OF STATE served on 11/29/2018; U.S. ENVIRONMENTAL PROTECTION AGENCY served on 10/5/2018 (Snape, William) (Entered: 12/10/2018)
2018-12-2612Unopposed MOTION for Extension of Time to by FEDERAL AVIATION ADMINISTRATION, U.S. DEPARTMENT OF STATE, U.S. ENVIRONMENTAL PROTECTION AGENCY (Attachments: # 1 Text of Proposed Order)(McBride, Patricia) (Entered: 12/26/2018)
2019-01-07MINUTE ORDER: Upon considering the Defendants' 12 Motion, it is hereby ORDERED that this matter shall be stayed until Congress has restored appropriations to the Department of Justice. It is further ordered that the Defendants will notify the Court immediately upon resumption of appropriations. Signed by Judge Trevor N. McFadden on 1/7/2019. (lctnm3) Modified on 1/7/2019 to add law clerk number (hmc). (Entered: 01/07/2019)
2019-01-07Case Stayed. (hmc) (Entered: 01/07/2019)
2019-01-3113NOTICE by FEDERAL AVIATION ADMINISTRATION, U.S. DEPARTMENT OF STATE, U.S. ENVIRONMENTAL PROTECTION AGENCY (Attachments: # 1 Text of Proposed Order)(McBride, Patricia) (Entered: 01/31/2019)
2019-02-01MINUTE ORDER: Upon consideration of the Defendants' 13 Notice, the Court hereby lifts the stay in this case. The parties are ORDERED to file a status report on or before February 7, 2019. This report shall propose a schedule for proceeding in this matter. The schedule should address, among other things, the status of Plaintiff's FOIA request, the anticipated number of documents responsive to Plaintiff's FOIA request, the anticipated date(s) for release of the documents requested by Plaintiff, whether a motion for an Open America stay is likely in this case, whether a Vaughn index will be required in this case, and a briefing schedule for dispositive motions, if required. SO ORDERED. Signed by Judge Trevor N. McFadden on 2/1/2019. (lctnm3) (Entered: 02/01/2019)
2019-02-01Set/Reset Deadlines: Joint Status Report due by 2/7/2019. (hmc) (Entered: 02/01/2019)
2019-02-0714Joint STATUS REPORT by FEDERAL AVIATION ADMINISTRATION, U.S. DEPARTMENT OF STATE, U.S. ENVIRONMENTAL PROTECTION AGENCY. (McBride, Patricia) (Entered: 02/07/2019)
2019-02-08MINUTE ORDER: Upon consideration of the parties' 14 Joint Status Report, it is hereby ORDERED that the Defendants shall make records productions according to the following schedule. The EPA shall make monthly productions on or around the 6th of each month. The next production shall be made on or before March 6, 2019. The Department of State shall make monthly productions starting on March 29, 2019. It is further ORDERED that the parties shall file a Joint Status Report on or before April 17, 2019. This report shall provide a schedule for further proceedings as necessary. Signed by Judge Trevor N. McFadden on 2/8/2019. (lctnm3) (Entered: 02/08/2019)
2019-02-08Set/Reset Deadlines: EPA's monthly production due by 3/6/2019, and on or around the 6th of each month. Department of State's monthly production due by 3/29/2019. Joint Status Report due by 4/17/2019. (hmc) (Entered: 02/08/2019)
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