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Case TitleCENTER FOR BIOLOGICAL DIVERSITY v. NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2019cv00785
Date Filed2019-03-21
Date Closed2019-10-16
JudgeJudge Thomas F. Hogan
PlaintiffCENTER FOR BIOLOGICAL DIVERSITY
Case DescriptionThe Center for Biological Diversity submitted a FOIA request to the National Highway Traffic Safety Administration for records concerning why the agency did not perform a review under the Endangered Species Act pertaining to its proposed revisions of the Safer Affordable Fuel-Efficient Vehicles Rule. The agency acknowledged receipt of the request. The agency provided a final response to CBD in which said it had considered the ESA in its environmental impact statement but that it was withholding all drafts of the report under Exemption 5 (privileges). CBD filed an administrative appeal, which was denied. CBD then filed suit.
Complaint issues: Adequacy - Search, Litigation - Attorney's fees

DefendantNATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2019-03-211COMPLAINT against NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION ( Filing fee $ 400 receipt number 0090-6012647) filed by CENTER FOR BIOLOGICAL DIVERSITY. (Attachments: # 1 Civil Cover Sheet, # 2 Certificate Rule LCvR 7.1, # 3 Summons NHTSA, # 4 Summons U.S. Attorney for D.C., # 5 Summons U.S. Attorney General)(Su, Anchun) (Attachment 1 replaced on 3/21/2019) (zef, ). (Entered: 03/21/2019)
2019-03-212MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Maya Golden-Krasner,: Firm- Center for Biological Diversity,: Address- 660 South Figueroa Street, Suite 1000, Los Angeles, CA, 90017. Phone No. - (213) 785-5402. Motion for Admission of Maya Golden-Krasner to Appear Pro Hac Vice Filing fee $ 100, receipt number 0090-6012649. Fee Status: Fee Paid. by CENTER FOR BIOLOGICAL DIVERSITY (Attachments: # 1 Declaration of Maya Golden-Krasner in Support of Pro Hac Vice Motion)(Su, Anchun) (Entered: 03/21/2019)
2019-03-213LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests. (zef, ) (Entered: 03/21/2019)
2019-03-21Case Assigned to Judge Thomas F. Hogan. (zef, ) (Entered: 03/21/2019)
2019-03-214SUMMONS (3) Issued Electronically as to NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION, U.S. Attorney and U.S. Attorney General. (Attachments: # 1 Notice and Consent)(zef, ) (Entered: 03/21/2019)
2019-03-26MINUTE ORDER granting 2 Motion for Admission of Maya Golden-Krasner to Appear Pro Hac Vice. Signed by Judge Thomas F. Hogan on March 26, 2019. (JK) (Entered: 03/26/2019)
2019-05-105NOTICE of Appearance by Matthew Evan Kahn on behalf of NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION (Kahn, Matthew) (Entered: 05/10/2019)
2019-05-106ANSWER to Complaint by NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION.(Kahn, Matthew) (Entered: 05/10/2019)
2019-05-15MINUTE ORDER directing the parties to meet, confer, and file a joint status report proposing a schedule for further proceedings. The joint status report shall be filed on or before June 12, 2019. Signed by Judge Thomas F. Hogan on May 15, 2019. (JK) (Entered: 05/15/2019)
2019-05-16Set/Reset Deadlines: Joint Meet & Confer Statement due by 6/12/2019. (hs) (Entered: 05/16/2019)
2019-06-117Joint STATUS REPORT by NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION. (Kahn, Matthew) (Entered: 06/11/2019)
2019-06-12MINUTE ORDER. Upon consideration of the parties' 7 Joint Status Report, it is ordered that this case shall proceed as follows: the plaintiff's motion for summary judgment shall be filed by August 2, 2019; the defendant's opposition and cross-motion for summary judgment shall be filed by August 30, 2019; the plaintiff's reply and opposition to the defendant's cross-motion shall be due by September 20, 2019; and the defendant's reply shall be due by October 11, 2019. Signed by Judge Thomas F. Hogan on June 12, 2019. (JK) (Entered: 06/12/2019)
2019-06-12Set/Reset Deadlines: plaintiff's motion for summary judgment shall be filed by August 2, 2019; the defendant's opposition and cross-motion for summary judgment shall be filed by August 30, 2019; the plaintiff's reply and opposition to the defendant's cross-motion shall be due by September 20, 2019; and the defendant's reply shall be due by October 11, 2019. (hs) (Entered: 06/12/2019)
2019-08-018MOTION for Summary Judgment Plaintiff's Memorandum of Points And Authorities In Support Of Motion For Summary Judgment by CENTER FOR BIOLOGICAL DIVERSITY (Attachments: # 1 Statement of Facts, # 2 Text of Proposed Order, # 3 Exhibit A, # 4 Exhibit B, # 5 Exhibit C, # 6 Exhibit D)(Su, Anchun) (Entered: 08/01/2019)
2019-08-239RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 4/10/2019. ( Answer due for ALL FEDERAL DEFENDANTS by 5/10/2019.), RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 3/27/2019., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION served on 3/27/2019 (Attachments: # 1 Exhibit A Return Receipts/Proof of Delivery)(Su, Anchun) (Entered: 08/23/2019)
2019-08-3010Memorandum in opposition to re 8 MOTION for Summary Judgment Plaintiff's Memorandum of Points And Authorities In Support Of Motion For Summary Judgment filed by NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION. (Attachments: # 1 Appendix Table of Contents, # 2 Appendix Table of Authorities, # 3 Memorandum in Support, # 4 Statement of Facts, # 5 Declaration A, # 6 Declaration B, # 7 Text of Proposed Order)(Kahn, Matthew) (Entered: 08/30/2019)
2019-08-3011Cross MOTION for Summary Judgment, MOTION to Dismiss by NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION (Attachments: # 1 Appendix Table of Contents, # 2 Appendix Table of Authorities, # 3 Memorandum in Support, # 4 Statement of Facts, # 5 Declaration A, # 6 Declaration B, # 7 Text of Proposed Order)(Kahn, Matthew). Added MOTION to Dismiss on 9/3/2019 (jf). (Entered: 08/30/2019)
2019-09-1612STIPULATION of Dismissal (Joint) by CENTER FOR BIOLOGICAL DIVERSITY. (Su, Anchun) (Entered: 09/16/2019)
2019-10-11MINUTE ORDER directing the Clerk of Court to close this case in light of the 12 Joint Stipulation of Dismissal. Signed by Judge Thomas F. Hogan on October 11, 2019. (JK) (Entered: 10/11/2019)
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by FOIA Project Staff
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