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Case TitleSouthern Environmental Law Center et al v. Miranda et al
DistrictWestern District of Virginia
CityCharlottesville
Case Number3:2019cv00017
Date Filed2019-03-19
Date ClosedOpen
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)
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by FOIA Project Staff
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