Skip to content

Case Detail

[Subscribe to updates]
Case TitleOrganization of Professional Aviculturists, Inc. v. Everson et al
DistrictSouthern District of Florida
CityMiami
Case Number1:2019cv20195
Date Filed2019-01-14
Date Closed2019-10-01
JudgeSenior Judge James Lawrence King
PlaintiffOrganization of Professional Aviculturists, Inc.
Case DescriptionThe Organization of Professional Agriculturalists submitted six FOIA requests to U.S. Fish and Wildlife Service for records concerning the agency's regulations implementing the Wild Bird Conservation Act and its implementation. OPA submitted an additional three FOIA requests. The agency acknowledged receipt of the requests, but after hearing nothing further from the agency, OPA filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantActing Director Margaret Everson in her official capacity as Principal Deputy Director Exercising the Authority of the Director of U.S. Fish and Wildlife Service
DefendantU.S. Fish and Wildlife Service
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2019-01-141COMPLAINT under the Freedom of Information Act against All Defendants. Filing fees $ 400.00 receipt number 113C-11311518, filed by Organization of Professional Aviculturists, Inc.. (Attachments: # 1 Civil Cover Sheet, # 2 Appendix, # 3 Summon(s))(Prada, Mark) (Entered: 01/14/2019)
2019-01-142Clerks Notice of Judge Assignment to Senior Judge James Lawrence King. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Jacqueline Becerra is available to handle any or all proceedings in this case. If agreed, parties should complete and file the Consent form found on our website. It is not necessary to file a document indicating lack of consent. Pro se (NON-PRISONER) litigants may receive Notices of Electronic Filings (NEFS) via email after filing a Consent by Pro Se Litigant (NON-PRISONER) to Receive Notices of Electronic Filing. The consent form is available under the forms section of our website. (jao) (Entered: 01/15/2019)
2019-01-153Summons Issued as to Margaret Everson, U.S. Fish and Wildlife Service, U.S. Attorney and U.S. Attorney General (jao) (Entered: 01/15/2019)
2019-01-154Corporate Disclosure Statement by Organization of Professional Aviculturists, Inc. (Prada, Mark) (Entered: 01/15/2019)
2019-01-155CERTIFICATE OF SERVICE by Organization of Professional Aviculturists, Inc. re 3 Summons Issued as to USA, 1 Complaint, (Prada, Mark) (Entered: 01/15/2019)
2019-02-146Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to 1 Complaint, by Margaret Everson, U.S. Fish and Wildlife Service. Attorney Carlos Javier Raurell added to party Margaret Everson(pty:dft), Attorney Carlos Javier Raurell added to party U.S. Fish and Wildlife Service(pty:dft). (Raurell, Carlos) (Entered: 02/14/2019)
2019-02-157ORDER granting 6 Motion for Extension of Time to File Response/Answer to a Complaint or Other Case Initiating Document All Defendants. Re: 1 Complaint, filed by Organization of Professional Aviculturists, Inc. Signed by Senior Judge James Lawrence King on 2/15/2019. See attached document for full details. (ch1) (Entered: 02/15/2019)
2019-04-198Defendant's MOTION to Dismiss for Lack of Jurisdiction 1 Complaint, as Moot by Margaret Everson, U.S. Fish and Wildlife Service. Responses due by 5/3/2019 (Attachments: # 1 Exhibit Declaration of Cathy Willis)(Raurell, Carlos) (Entered: 04/19/2019)
2019-04-309RESPONSE in Opposition re 8 Defendant's MOTION to Dismiss for Lack of Jurisdiction 1 Complaint, as Moot filed by Organization of Professional Aviculturists, Inc.. Replies due by 5/7/2019. (Prada, Mark) (Entered: 04/30/2019)
2019-04-3010First AMENDED COMPLAINT against All Defendants, filed by Organization of Professional Aviculturists, Inc.. (Attachments: # 1 Appendix)(Prada, Mark) (Entered: 04/30/2019)
2019-04-3011NOTICE by U.S. Fish and Wildlife Service re 10 Amended Complaint, 9 Response in Opposition to Motion (Raurell, Carlos) (Entered: 04/30/2019)
2019-05-0912Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to 10 Amended Complaint by Margaret Everson, U.S. Fish and Wildlife Service. (Raurell, Carlos) (Entered: 05/09/2019)
2019-05-1013ORDER Granting 12 Motion for Extension of Time to File Answer to a Complaint or Other Case Initiating Document All Defendants. Re: 10 Amended Complaint filed by Organization of Professional Aviculturists, Inc.. Signed by Senior Judge James Lawrence King on 5/10/2019. See attached document for full details. (jw) (Entered: 05/10/2019)
2019-05-2914Defendants' ANSWER and Affirmative Defenses to Amended Complaint by Margaret Everson, U.S. Fish and Wildlife Service. (Raurell, Carlos) (Entered: 05/29/2019)
2019-05-3115SCHEDULING ORDER: Discovery due by 11/6/2019. Motions due by 11/11/2019. Pretrial Stipulation due by 1/3/2020. Calendar Call set for 4/2/2020 10:00 AM in Miami Division before Senior Judge James Lawrence King. Final Pretrial Conference set for 1/10/2020 10:00 AM in Miami Division before Senior Judge James Lawrence King. Bench Trial set for 4/6/2020 09:00 AM in Miami Division before Senior Judge James Lawrence King. All hearings will be held in Courtroom II, Eleventh Floor. Signed by Senior Judge James Lawrence King on 5/31/2019. See attached document for full details. (jw) (Entered: 05/31/2019)
2019-05-3116ORDER OF REFERENCE TO MAGISTRATE JUDGE FOR ALL PRETRIAL PROCEEDINGS Signed by Senior Judge James Lawrence King on 05/31/2019. See attached document for full details. (jao) (Entered: 05/31/2019)
2019-06-1217PAPERLESS ORDER. THIS CAUSE came before the Court on Defendants' Motion to Dismiss Plaintiff's Complaint as Moot. ECF No. 8 . On April 30, 2019, Plaintiff filed its Opposition to Defendants' Motion to Dismiss Complaint as Moot, ECF No. 9 , and also filed an Amended Complaint for Injunctive Relief, Declaratory and Mandamus Relief, ECF No. 10 . That same day, Defendants filed a Notice, ECF No. 11 , explaining that because Plaintiff filed an amended complaint, Defendants would not file a reply in further support of their motion to dismiss, and will instead respond to Plaintiff's Amended Complaint, which they did, ECF No. 14 . Upon consideration of Defendants' Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that Defendants' Motion to Dismiss Plaintiff's Complaint, ECF No. 8 , is DENIED AS MOOT. Gray v. D.C. Pub. Sch. , 688 F. Supp. 2d 1, 6 (D.D.C. 2010) ("When a plaintiff amends her complaint, it renders a motion to dismiss that complaint moot."). Signed by Magistrate Judge Jacqueline Becerra on 6/12/2019. (jv00) (Entered: 06/12/2019)
2019-09-3018STIPULATION (JOINT) of Mootness by Margaret Everson, U.S. Fish and Wildlife Service (Raurell, Carlos) (Entered: 09/30/2019)
2019-10-0119FINAL ORDER OF DISMISSAL. Signed by Senior Judge James Lawrence King on 10/1/2019. See attached document for full details. (jw) (Entered: 10/01/2019)
Hide Docket Events
by FOIA Project Staff
Skip to toolbar