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Case TitleGunster, Yoakley & Stewart, P.A. et al v. United States Department of the Interior
DistrictSouthern District of Florida
CityWest Palm Beach
Case Number9:2019cv80438
Date Filed2019-03-28
Date ClosedOpen
JudgeJudge Donald M. Middlebrooks
PlaintiffGunster, Yoakley & Stewart, P.A.
PlaintiffUnited States Sugar Corporation
Case DescriptionThe law firm of Gunster, Yoakley & Stewart, on behalf of their client the United States Sugar Corporation, submitted a FOIA request to the Department of the Interior for records concerning communications from five officials at the Office of Everglades Restoration Initiatives containing a variety of keywords. The agency acknowledged receipt of the request and told the law firm that it considered the law firm a commercial requester. The law firm then asked for a fee estimate, but after failing to settle the issue, the law firm filed suit.
Complaint issues: Failure to respond within statutory time limit, Fee Category - Commercial, Litigation - Attorney's fees

DefendantUnited States 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
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2019-03-281COMPLAINT for Injunctive and Declaratory Relief against All Defendants. Filing fees $ 400.00 receipt number 113C-11512572, filed by Gunster, Yoakley & Stewart, P.A., United States Sugar Corporation. (Attachments: # 1 Civil Cover Sheet, # 2 Summon(s), # 3 Exhibit A, # 4 Exhibit B, # 5 Exhibit C, # 6 Exhibit D, # 7 Exhibit E, # 8 Exhibit F)(Singer, Stuart) (Entered: 03/28/2019)
2019-03-282Clerks Notice of Judge Assignment to Judge Donald M. Middlebrooks and Magistrate Judge Dave Lee Brannon. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Dave Lee Brannon 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. (vmz) (Entered: 03/28/2019)
2019-03-283Summons Issued as to United States Department of the Interior. (vmz) (Entered: 03/28/2019)
2019-04-034Plaintiff's MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Samuel C. Kaplan. Filing Fee $ 75.00 Receipt # 113C-11530025 by Gunster, Yoakley & Stewart, P.A., United States Sugar Corporation. Responses due by 4/17/2019 (Attachments: # 1 Text of Proposed Order)(Singer, Stuart) (Entered: 04/03/2019)
2019-04-045SUMMONS (Affidavit) Returned Executed by Gunster, Yoakley & Stewart, P.A., United States Sugar Corporation. United States Department of the Interior served on 4/1/2019, answer due 5/31/2019. (Singer, Stuart) (Entered: 04/04/2019)
2019-04-046PAPERLESS ORDER granting 4 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Samuel C. Kaplan. Signed by Judge Donald M. Middlebrooks on 4/4/2019. (mbt) (Entered: 04/04/2019)
2019-04-157NOTICE by Gunster, Yoakley & Stewart, P.A., United States Sugar Corporation of Erroneously Calendared Answer Date (Singer, Stuart) (Entered: 04/15/2019)
2019-04-158PAPERLESS ORDER. On April 4, 2019, Plaintiffs filed a Return of Service indicating that Defendant United States Department of the Interior was served on April 1, 2019. (DE 5 ). The docket text attendant to this filing states that an answer is due on May 31, 2019. (Id.). This is an action filed under the Freedom of Information Act, however, and in such an action, "[n]otwithstanding any other provision of law, the defendant shall serve an answer or otherwise plead to any complaint made under this subsection within thirty days after service." 5 U.S.C. § 522(a)(4)(C). Accordingly, Defendant is directed to file a response to Plaintiffs' Complaint (DE 1 ) on or before May 1, 2019 Signed by Judge Donald M. Middlebrooks on 4/15/2019. (mbt) (Entered: 04/15/2019)
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by FOIA Project Staff
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