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Case TitleWILDEARTH GUARDIANS v. OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2019cv00862
Date Filed2019-03-26
Date ClosedOpen
JudgeJudge Carl J. Nichols
PlaintiffWILDEARTH GUARDIANS
Case DescriptionWildEarth Guardians submitted a FOIA request to the Office of Surface Mining Reclamation and Enforcement for records concerning the agency's response to WildEarth Guardians' citizen complaint pertaining to the Tristate Generation and Transmission Association's compliance with the Surface Mining Control and Reclamation Act's self-bonding requirements at coal mines in Colorado and Wyoming. The agency acknowledged receipt of the request and told WildEarth Guardians that its request qualified for exceptional circumstances. WildEarth Guardian made several attempts to check on the request's status, but after hearing nothing further from the agency, WildEarth Guardians filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Vaughn index, Litigation - Attorney's fees

DefendantOFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT a federal agency within the U.S. Department of the Interior
DefendantU.S. DEPARTMENT OF THE INTERIOR a federal agency
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

2019-03-261COMPLAINT against All Defendants ( Filing fee $ 400 receipt number 0090-6023425) filed by WILDEARTH GUARDIANS. (Attachments: # 1 Civil Cover Sheet, # 2 Summons Civil Process Clerk, # 3 Summons DOI, # 4 Summons OSMRE, # 5 Summons U.S. AG)(McKay, Jeremy) (Entered: 03/26/2019)
2019-03-262LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by WILDEARTH GUARDIANS (McKay, Jeremy) (Entered: 03/26/2019)
2019-03-27Case Assigned to Judge Christopher R. Cooper. (zef, ) (Entered: 03/27/2019)
2019-03-273SUMMONS (4) Issued Electronically as to OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT, U.S. DEPARTMENT OF THE INTERIOR, U.S. Attorney and U.S. Attorney General. (Attachments: # 1 Notice and Consent)(zef, ) (Entered: 03/27/2019)
2019-04-084RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 4/2/2019. Answer due for ALL FEDERAL DEFENDANTS by 5/2/2019. (McKay, Jeremy) (Entered: 04/08/2019)
2019-04-085RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 04/03/2019. (McKay, Jeremy) (Entered: 04/08/2019)
2019-04-086RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF THE INTERIOR served on 4/1/2019 (McKay, Jeremy) (Entered: 04/08/2019)
2019-04-087RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT served on 4/1/2019 (McKay, Jeremy) (Entered: 04/08/2019)
2019-04-098NOTICE of Appearance by Alexa Marie Carreno on behalf of WILDEARTH GUARDIANS (Carreno, Alexa) (Entered: 04/09/2019)
2019-04-269NOTICE of Appearance by Joshua L. Rogers on behalf of All Defendants (Rogers, Joshua) (Entered: 04/26/2019)
2019-04-3010MOTION for Extension of Time to File Answer by OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT, U.S. DEPARTMENT OF THE INTERIOR (Attachments: # 1 Text of Proposed Order)(Rogers, Joshua) (Entered: 04/30/2019)
2019-05-02MINUTE ORDER granting 10 Defendants' Motion for Extension of Time to Answer. Defendants shall respond to Plaintiff's complaint by June 3, 2019. Signed by Judge Christopher R. Cooper on 5/2/2019. (lccrc1) (Entered: 05/02/2019)
2019-05-3011Unopposed MOTION for Extension of Time to File Answer by OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT, U.S. DEPARTMENT OF THE INTERIOR (Attachments: # 1 Text of Proposed Order)(Rogers, Joshua) (Entered: 05/30/2019)
2019-05-31MINUTE ORDER granting 11 Defendants' Motion for Extension of Time to Answer. Defendants shall respond to Plaintiff's complaint by June 17, 2019. Signed by Judge Christopher R. Cooper on 5/31/2019. (lccrc1) (Entered: 05/31/2019)
2019-06-1412Unopposed MOTION for Extension of Time to File Answer by OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT, U.S. DEPARTMENT OF THE INTERIOR (Attachments: # 1 Text of Proposed Order)(Rogers, Joshua) (Entered: 06/14/2019)
2019-06-18MINUTE ORDER granting 12 Motion for Extension of Time to Answer. Defendants shall respond to the complaint by July 17, 2019. Signed by Judge Christopher R. Cooper on 6/18/2019. (lccrc1) (Entered: 06/18/2019)
2019-06-24Case directly reassigned to Judge Carl J. Nichols. Judge Christopher R. Cooper is no longer assigned to the case. (ztnr) (Entered: 06/24/2019)
2019-07-1513Consent MOTION for Extension of Time to File Answer by OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT, U.S. DEPARTMENT OF THE INTERIOR (Attachments: # 1 Text of Proposed Order)(Rogers, Joshua) (Entered: 07/15/2019)
2019-07-16MINUTE ORDER. Upon consideration of Defendants' 13 Consent Motion for Extension of Time to File Answer, it is hereby ORDERED that the motion is GRANTED and that the Answer deadline is extended to August 16, 2019. It is further ORDERED that the Parties shall confer and file a Joint Status Report on or before August 30, 2019. The Joint Status Report shall address: (1) the status of the Plaintiff's FOIA request; (2) the anticipated number of documents responsive to the Plaintiff's FOIA request; (3) the anticipated date(s) for release of the documents requested by Plaintiff; (4) whether a motion for stay is likely under Open America v. Watergate Special Prosecution Force , 547 F.2d 605 (D.C. Cir. 1976); and (5) whether the parties anticipate summary judgment briefing and, if so, a proposed briefing schedule. Signed by Judge Carl J. Nichols on July 16, 2019. (lccjn1) (Entered: 07/16/2019)
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