Skip to content

Case Detail

[Subscribe to updates]
Case TitleSouthern Environmental Law Center et al v. Miranda et al
DistrictWestern District of Virginia
CityCharlottesville
Case Number3:2019cv00017
Date Filed2019-03-19
Date Closed2020-12-18
JudgeSenior Judge Glen E. Conrad
PlaintiffSouthern Environmental Law Center
PlaintiffDefenders of Wildlife
Case DescriptionThe Southern Environmental Law Center to the U.S. Fish and Wildlife Service for records concerning changes in Region Four's policies for de-listing or downgrading species. The agency acknowledged receipt of the request. The agency provided a partial response of 42 pages, but after hearing nothing further from the agency, SELC filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Vaughn index, Litigation - Attorney's fees

DefendantLeopoldo Miranda in his official capacity as Director of Region Four of the United States Fish and Wildlife Service
DefendantJames Kurth in his official capacity as Deputy Director Exercising the Authority of the Director of the United States Fish and Wildlife Service
DefendantDaniel Jorjani in his official capacity as Principal Deputy Solicitor Exercising the Authority of Solicitor, the head of the Office of the Solicitor, an agency within the Department of the Interior
DefendantDavid Bernhardt in his official capacity as Acting Secretary of the Department of the Interior
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
Complaint attachment 9
Complaint attachment 10
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2019-03-191COMPLAINT against David Bernhardt, Daniel Jorjani, James Kurth, Leopoldo Miranda (Filing & Administrative fee $ 400 paid by e-receipt no. 0423-3101552), filed by Southern Environmental Law Center, Defenders of Wildlife. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Civil Cover Sheet)(hnw) (Entered: 03/20/2019)
2019-03-199Negative Corporate Disclosure Statement by Southern Environmental Law Center (hnw) (Entered: 03/21/2019)
2019-03-202Electronic Summons Issued as to David Bernhardt, U.S. Attorney and U.S. Attorney General. NOTICE TO COUNSEL: Please print copies of the electronically issued summons for each defendant as necessary to effectuate service under Fed. R. Civ. P. 4. (Attachments: # 1 Summons Issued, # 2 Summons Issued)(hnw)
2019-03-203Electronic Summons Issued as to Daniel Jorjani, U.S. Attorney and U.S. Attorney General. NOTICE TO COUNSEL: Please print copies of the electronically issued summons for each defendant as necessary to effectuate service under Fed. R. Civ. P. 4. (Attachments: # 1 Summons Issued, # 2 Summons Issued)(hnw)
2019-03-204Electronic Summons Issued as to James Kurth, U.S. Attorney and U.S. Attorney General. NOTICE TO COUNSEL: Please print copies of the electronically issued summons for each defendant as necessary to effectuate service under Fed. R. Civ. P. 4. (Attachments: # 1 Summons Issued, # 2 Summons Issued)(hnw)
2019-03-205Electronic Summons Issued as to Leopoldo Miranda, U.S. Attorney and U.S. Attorney General. NOTICE TO COUNSEL: Please print copies of the electronically issued summons for each defendant as necessary to effectuate service under Fed. R. Civ. P. 4. (Attachments: # 1 Summons Issued, # 2 Summons Issued)(hnw)
2019-03-216AMENDED COMPLAINT against All Defendants, filed by Southern Environmental Law Center. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9)(Butler, Morgan)
2019-03-217MOTION for Samuel Evans to Appear Pro Hac Vice. Filing fee $ 100, receipt number 0423-3103013. by Southern Environmental Law Center. (Attachments: # 1 Text of Proposed Order on Motion for Admission pro hac vice)(Butler, Morgan)
2019-03-218MOTION for Kimberley Hunter to Appear Pro Hac Vice. Filing fee $ 100, receipt number 0423-3103029. by Southern Environmental Law Center. (Attachments: # 1 Text of Proposed Order on Motion for Admission pro hac vice)(Butler, Morgan)
2019-03-2110ORDER granting 8 MOTION to Appear Pro Hac Vice Attorney Kimberley Claire Hunter for Southern Environmental Law Center added. Signed by Senior Judge Glen E. Conrad on 3/21/19. (hnw)
2019-03-2111ORDER granting 7 MOTION to Appear Pro Hac Vice Attorney Samuel Edward Evans for Southern Environmental Law Center added. Signed by Senior Judge Glen E. Conrad on 3/21/2019. (hnw)
2019-04-2412ANSWER to 6 Amended Complaint, by David Bernhardt, Daniel Jorjani, James Kurth, Leopoldo Miranda.(Frith, Krista)
2019-04-2613Magistrate Consent Notice to Parties. (hnw)
2019-06-0614Rule 26(f) Agreed Written Plan by Defendants David Bernhardt, Daniel Jorjani, James Kurth, Leopoldo Miranda (Frith, Krista)
2019-08-2215MOTION to Dismiss for Lack of Jurisdiction over Count 2 by David Bernhardt, Daniel Jorjani, James Kurth, Leopoldo Miranda. (Frith, Krista)
2019-08-2216Brief / Memorandum in Support re 15 MOTION to Dismiss for Lack of Jurisdiction over Count 2 . filed by David Bernhardt, Daniel Jorjani, James Kurth, Leopoldo Miranda. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Frith, Krista)
2019-09-0617RESPONSE in Opposition re 15 MOTION to Dismiss for Lack of Jurisdiction over Count 2 . filed by Defenders of Wildlife, Southern Environmental Law Center. (Attachments: # 1 Exhibit 1, Email and Attachment from Plaintiffs to Defendants, 9/24/18, # 2 Exhibit 2, Email and reply, 10/18/18, # 3 Exhibit 3, Discovery documents, # 4 Exhibit 4, additional public records, # 5 Exhibit 5, Prater Declaration, # 6 Exhibit 6, Email and reply 6/7/18-6/8/18, # 7 Exhibit 7, Selection of Pending FOIA Requests before Defendants, # 8 Exhibit 8, Defendants' Vaughn Index)(Hunter, Kimberley)
2019-09-1318REPLY to Response to Motion re 15 MOTION to Dismiss for Lack of Jurisdiction over Count 2 . filed by David Bernhardt, Daniel Jorjani, James Kurth, Leopoldo Miranda. (Frith, Krista)
2019-09-1619MOTION to Accept Plaintiffs' Response by Defenders of Wildlife, Southern Environmental Law Center. (Hunter, Kimberley)
2019-09-2720NOTICE of Hearing on Motion 19 MOTION to Accept Plaintiffs' Response , 15 MOTION to Dismiss for Lack of Jurisdiction over Count 2 and forthcoming Motion to Compel in conjunction w/ similar motions in 3:19-cv-11 : (CR) (No Interpreter requested) Motion Hearing set for 11/4/2019 10:00 AM in Roanoke before Senior Judge Glen E. Conrad. (ssm)
2019-09-3021MOTION to Compel by Defenders of Wildlife, Southern Environmental Law Center. (Hunter, Kimberley)
2019-09-3022Brief / Memorandum in Support re 21 MOTION to Compel . filed by Defenders of Wildlife, Southern Environmental Law Center. (Attachments: # 1 Exhibit 1, Declaration of Samuel Evans)(Hunter, Kimberley)
2019-10-0723MOTION for Leave to File Corrected Declaration of Samuel Evans by Defenders of Wildlife, Southern Environmental Law Center. (Attachments: # 1 Exhibit Declaration of Samuel Evans)(Hunter, Kimberley)
2019-10-1524MOTION for Summary Judgment of Count 1 by David Bernhardt, Daniel Jorjani, James Kurth, Leopoldo Miranda. (Frith, Krista)
2019-10-1525Brief / Memorandum in Support re 24 MOTION for Summary Judgment of Count 1 . filed by David Bernhardt, Daniel Jorjani, James Kurth, Leopoldo Miranda. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Frith, Krista)
2019-10-1526RESPONSE in Opposition re 21 MOTION to Compel . filed by David Bernhardt, Daniel Jorjani, James Kurth, Leopoldo Miranda. (Attachments: # 1 Exhibit 1)(Frith, Krista)
2019-10-2927RESPONSE in Opposition re 24 MOTION for Summary Judgment of Count 1 . filed by Defenders of Wildlife, Southern Environmental Law Center. (Attachments: # 1 Exhibit 1, Email from McClurkin to Evans, # 2 Exhibit 2, Miranda Emails, # 3 Exhibit 3, FOIA Emails, # 4 Exhibit 4, Google docs, # 5 Exhibit 5, Key Deer Emails, # 6 Exhibit 6, Email from Arnold to Fahey, # 7 Exhibit 7, Email from Arnold to Merritt)(Hunter, Kimberley)
2019-11-0128Reply re 27 Response in Opposition to Motion, 25 Brief / Memorandum in Support, 24 MOTION for Summary Judgment of Count 1 . filed by David Bernhardt, Daniel Jorjani, James Kurth, Leopoldo Miranda. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Frith, Krista)
2019-11-0429NOTICE by David Bernhardt, Daniel Jorjani, James Kurth, Leopoldo Miranda of Agreement with Plaintiffs Regarding Discovery (Frith, Krista)
2019-11-0430Minute Entry for proceedings held before Senior Judge Glen E. Conrad: Motion Hearing held on 11/4/2019 re 15 MOTION to Dismiss for Lack of Jurisdiction over Count 2 filed by James Kurth, Leopoldo Miranda, Daniel Jorjani, David Bernhardt. (Court Reporter: Mary Butenschoen) (ssm) (Entered: 11/08/2019)
2020-01-1031ORDER denying without prejudice 15 Motion to Dismiss for Lack of Jurisdiction ; granting 19 Motion to Accept Plaintiffs' Response. Signed by Senior Judge Glen E. Conrad on 1/10/2020. (ssm)
2020-01-1032ORDER dismissing without prejudice as moot 21 Motion to Compel; and dismissing without prejudice as moot 23 Motion for Leave to File. Signed by Senior Judge Glen E. Conrad on 1/10/2020. (ssm)
2020-09-21IMPORTANT NOTICE: The United States District Court for the Western District of Virginia (WDVA) will be going live on the Next Generation of CM/ECF (NextGen CM/ECF) Tuesday, October 13, 2020 . Preparing for NextGen CM/ECF is a two-step process. Step One is that each attorney must upgrade their individual PACER account, no shared accounts within firms will be allowed. Check and see if your PACER account is an "Upgraded" PACER account. Many PACER accounts have already been upgraded. If any of the following is true, you have an upgraded PACER account and no action is required until after the VAWD NextGen CM/ECF upgrade on October 13, 2020: 1) You have an upgraded PACER account for another NextGen Court or 2) Your PACER account was created after August 10, 2014. If none of these are true, you must upgrade your legacy PACER account before you will be able to link your PACER account to your VAWD CM/ECF account for your new NextGen CM/ECF account. Click here to learn how to upgrade your PACER Account. If you still have questions regarding your PACER account, please contact the PACER Service Center 800- 676-6856. Complete information regarding the WDVA NextGen CM/ECF implementation can be found at NextGen Information . (mzc) (ADI)
2020-09-29IMPORTANT NOTICE: The Western District of Virginia will be going live on NextGen CM/ECF Tuesday, October 13, 2020 . This is a Two-Step process. In Step one each attorney was to make sure they had an upgraded individual PACER account. Now in preparation for Step Two please make sure you know your VAWD CM/ECF username and password . Please manually log in to the VAWD CM/ECF system at ht tps://ecf.vawd.uscourts.gov/cgi-bin/login.pl to make sure you know your current VAWD CM/ECF username and password. (do not rely on the auto-populating in your browser, because you will have to manually enter your CM/ECF username and password during the linking process after we go live on NextGen.) If you do not know your username or password please email ecf@vawd.uscourts.gov and include your bar# and contact phone#. (ADI) (mzc)
2020-10-05IMPORTANT NOTICE: The Western District of Virginia will be going live on NextGen CM/ECF Tuesday, October 13, 2020 . The VAWD CM/ECF system will be unavailable from 8:00 am, October 10, 2020, through 8:00 am on Tuesday October 13, 2020. Preparing for NextGen CM/ECF is a two-step process. Step one was to upgrade your PACER account. Each attorney should have their own individual Upgraded PACER account at this time. Step two will be to link your upgraded PACER account to your VAWD CM/ECF account after the Court goes live on NextGen CM/ECF October 13, 2020. Instructions for linking you r account can be found by clicking here . Remember you cannot link your accounts until on or after the court goes live on NextGe n October 13, 2020. If you have any additional questions please call the VAWD Clerks Office at 540-857-5100 or email ecf@vawd.uscourts.gov. (ADI) (mzc)
2020-12-1733STIPULATION of Dismissal and Settlement by David Bernhardt, Daniel Jorjani, James Kurth, Leopoldo Miranda (Frith, Krista)
2020-12-1834ORDER DISMISSING CASE WITH Prejudice pursuant to Rule 41(a)(1)(A)(ii) and striking this case from the court's active docket. Signed by Senior Judge Glen E. Conrad on 12/18/2020. (hnw)
Hide Docket Events
by FOIA Project Staff
Skip to toolbar