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Case TitleSIERRA CLUB v. U.S. FISH AND WILDLIFE SERVICE
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2019cv02315
Date Filed2019-08-01
Date ClosedOpen
JudgeJudge James E. Boasberg
PlaintiffSIERRA CLUB
Case DescriptionThe Sierra Club submitted a FOIA request to U.S. Fish and Wildlife Service for records concerning the agency's decision to re-evaluate whether the Key deer should remain on the list of endangered species. The agency acknowledged receipt of the request. The agency provided a three-page interim response and told the Sierra Club that it intended to continue processing the request. After hearing nothing further from the agency, the Sierra Club filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Attorney's fees

DefendantU.S. FISH AND WILDLIFE SERVICE
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Opinion/Order [26]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2019-08-011COMPLAINT against U.S. FISH AND WILDLIFE SERVICE ( Filing fee $ 400 receipt number 0090-6295098) filed by SIERRA CLUB. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons, # 4 Summons)(Schoenhut, Karimah) (Entered: 08/01/2019)
2019-08-012LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests of SIERRA CLUB by SIERRA CLUB (Schoenhut, Karimah) (Entered: 08/01/2019)
2019-08-02Case Assigned to Judge James E. Boasberg. (zeg) (Entered: 08/02/2019)
2019-08-023SUMMONS (3) Issued Electronically as to U.S. FISH AND WILDLIFE SERVICE, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(zeg) (Entered: 08/02/2019)
2019-08-154RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 8/6/2019. Answer due for ALL FEDERAL DEFENDANTS by 9/5/2019. (Attachments: # 1 Exhibit Certified Mail Card)(Schoenhut, Karimah) (Entered: 08/15/2019)
2019-08-155RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 08/06/2019. (Attachments: # 1 Exhibit Certified Mail Card)(Schoenhut, Karimah) (Entered: 08/15/2019)
2019-08-156RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. FISH AND WILDLIFE SERVICE served on 8/3/2019 (Attachments: # 1 Exhibit Certified Mail Card)(Schoenhut, Karimah) (Entered: 08/15/2019)
2019-08-157NOTICE of Appearance by Marsha Wellknown Yee on behalf of U.S. FISH AND WILDLIFE SERVICE (Yee, Marsha) (Entered: 08/15/2019)
2019-09-058ANSWER to Complaint by U.S. FISH AND WILDLIFE SERVICE.(Yee, Marsha) (Entered: 09/05/2019)
2019-09-05MINUTE ORDER: The Court ORDERS that the parties shall confer and submit a joint briefing schedule by September 19, 2019. So ORDERED by Judge James E. Boasberg on 9/5/2019. (lcjeb1) (Entered: 09/05/2019)
2019-09-05Set/Reset Deadlines: Joint Status Report due by 9/19/2019. (znbn) (Entered: 09/06/2019)
2019-09-199Joint STATUS REPORT by U.S. FISH AND WILDLIFE SERVICE. (Yee, Marsha) (Entered: 09/19/2019)
2019-09-20MINUTE ORDER: The Court ADOPTS the parties' 9 Joint Status Report and ORDERS that they shall file a further joint status report by November 6, 2019. So ORDERED by Judge James E. Boasberg on 09/20/2019. (lcjeb1) (Entered: 09/20/2019)
2019-11-0610Joint STATUS REPORT by U.S. FISH AND WILDLIFE SERVICE. (Yee, Marsha) (Entered: 11/06/2019)
2019-11-06MINUTE ORDER: The Court ADOPTS the parties' 10 Joint Status Report and ORDERS that they shall file a further joint status report by December 13, 2019. So ORDERED by Judge James E. Boasberg on 11/6/2019. (lcjeb2) (Entered: 11/06/2019)
2019-11-06Set/Reset Deadlines: Joint Status Report due by 12/13/2019. (nbn) (Entered: 11/07/2019)
2019-12-1311Joint STATUS REPORT by U.S. FISH AND WILDLIFE SERVICE. (Yee, Marsha) (Entered: 12/13/2019)
2019-12-13MINUTE ORDER: The Court ADOPTS the parties' 11 Joint Status Report and ORDERS that they shall file a further Joint Status Report by January 23, 2020. So ORDERED by Judge James E. Boasberg on 12/13/2019. (lcjeb1) (Entered: 12/13/2019)
2019-12-13Set/Reset Deadlines: Joint Status Report due by 1/23/2020. (nbn) (Entered: 12/13/2019)
2020-01-2312Joint STATUS REPORT by U.S. FISH AND WILDLIFE SERVICE. (Yee, Marsha) (Entered: 01/23/2020)
2020-01-23MINUTE ORDER: The Court ADOPTS the parties' 12 Joint Status Report and ORDERS that they shall file a further Joint Status Report by March 25, 2020. So ORDERED by Judge James E. Boasberg on 1/23/2020. (lcjeb1) (Entered: 01/23/2020)
2020-03-2513Joint STATUS REPORT by U.S. FISH AND WILDLIFE SERVICE. (Yee, Marsha) (Entered: 03/25/2020)
2020-03-25MINUTE ORDER: The Court ADOPTS the parties' 13 Joint Status Report and ORDERS that they shall file a further Joint Status Report by May 7, 2020. So ORDERED by Judge James E. Boasberg on 3/25/2020. (lcjeb1) (Entered: 03/25/2020)
2020-03-25Set/Reset Deadlines: Joint Status Report due by 5/7/2020. (nbn) (Entered: 03/26/2020)
2020-04-0914NOTICE of Appearance by Andres J. Restrepo on behalf of SIERRA CLUB (Restrepo, Andres) (Entered: 04/09/2020)
2020-05-0715Joint STATUS REPORT by U.S. FISH AND WILDLIFE SERVICE. (Yee, Marsha) (Entered: 05/07/2020)
2020-05-07MINUTE ORDER: The Court ADOPTS the parties' 15 Joint Status Report and ORDERS that they shall file a further Joint Status Report by July 9, 2020. So ORDERED by Judge James E. Boasberg on 5/7/2020. (lcjeb1) (Entered: 05/07/2020)
2020-05-07Set/Reset Deadlines: Joint Status Report due by 7/9/2020. (znbn) (Entered: 05/08/2020)
2020-07-0816Joint STATUS REPORT by U.S. FISH AND WILDLIFE SERVICE. (Yee, Marsha) (Entered: 07/08/2020)
2020-07-08MINUTE ORDER: The Court ADOPTS the parties 16 Joint Proposed Briefing Schedule and ORDERS that: (1) Defendant shall file its motion for summary judgment by August 13, 2020; (2) Plaintiff shall file its opposition and any cross-motion for summary judgment by September 15, 2020; (3) Defendant shall file its reply in support of its motion and opposition to any cross-motion for summary judgment by October 15, 2020; and (4) Plaintiff shall file its reply in support of any cross-motion for summary judgment by November 17, 2020. So ORDERED by Judge James E. Boasberg on 07/08/2020. (lcjeb2) (Entered: 07/08/2020)
2020-07-08Set/Reset Deadlines: Summary Judgment motions due by 8/13/2020. Response to Motion for Summary Judgment due by 9/15/2020. Cross Motions due by 9/15/2020. Response to Cross Motions due by 10/15/2020. Reply to Motion for Summary Judgment due by 10/15/2020. Reply to Cross Motions due by 11/17/2020. (znbn) (Entered: 07/08/2020)
2020-08-1217Unopposed MOTION for Extension of Time to File Defendant's Motion for Summary Judgment , Unopposed MOTION to Modify Remainder of Briefing Schedule by U.S. FISH AND WILDLIFE SERVICE (Attachments: # 1 Text of Proposed Order)(Yee, Marsha) (Entered: 08/12/2020)
2020-08-12MINUTE ORDER GRANTING Consent 17 Motion for Extension of Time and to Modify Remainder of Briefing Schedule. The Court ORDERS that: 1) Defendant shall file its motion for summary judgment by September 17, 2020; 2) Plaintiff shall file its combined opposition and any cross-motion for summary judgment by October 19, 2020; 3) Defendant shall file its combined reply in support of its motion and opposition to any cross-motion for summary judgment by November 18, 2020; and 4) Plaintiff shall file its reply in support of any cross-motion for summary judgment by December 18, 2020. So ORDERED by Judge James E. Boasberg on 8/12/2020. (lcjeb1) (Entered: 08/12/2020)
2020-08-12Set/Reset Deadlines: Summary Judgment motions due by 9/17/2020. Response to Motion for Summary Judgment due by 10/19/2020. Cross Motions due by 10/19/2020. Reply to Motion for Summary Judgment due by 11/18/2020. Response to Cross Motions due by 11/18/2020. Reply to Cross Motions due by 12/18/2020. (znbn) (Entered: 08/13/2020)
2020-09-1718Unopposed MOTION for Extension of Time to File Defendant's Motion for Summary Judgment , Unopposed MOTION to Modify Remainder of Briefing Schedule by U.S. FISH AND WILDLIFE SERVICE (Attachments: # 1 Text of Proposed Order)(Yee, Marsha) (Entered: 09/17/2020)
2020-09-17MINUTE ORDER GRANTING Consent 18 Motion for Extension of Time and to Modify Remainder of Briefing Schedule. The Court ORDERS that: 1) Defendant shall file its motion for summary judgment by September 23, 2020; 2) Plaintiff shall file its combined opposition and any cross-motion for summary judgment by October 27, 2020; 3) Defendant shall file its combined reply in support of its motion and opposition to any cross-motion for summary judgment by December 3, 2020; and 4) Plaintiff shall file its reply in support of any cross-motion for summary judgment by January 15, 2021. So ORDERED by Judge James E. Boasberg on 9/17/2020. (lcjeb1) (Entered: 09/17/2020)
2020-09-18Set/Reset Deadlines: Summary Judgment motions due by 9/23/2020. Response to Motion for Summary Judgment due by 10/27/2020. Cross Motions due by 10/27/2020. Response to Cross Motions due by 12/3/2020. Reply to Motion for Summary Judgment due by 12/3/2020. Reply to Cross Motions due by 1/15/2021. (znbn) (Entered: 09/21/2020)
2020-09-2319MOTION for Summary Judgment by U.S. FISH AND WILDLIFE SERVICE (Attachments: # 1 Statement of Facts, # 2 McClurkin Decl. and Exhibits, # 3 Text of Proposed Order)(Yee, Marsha) (Entered: 09/23/2020)
2020-10-2620Cross MOTION for Summary Judgment by SIERRA CLUB (Attachments: # 1 Declaration Decl. of Diana Umpierre, # 2 Declaration Decl. of Karimah Schoenhut, # 3 Exhibit Exhibits 1 through 20, # 4 Exhibit Exhibit 21, # 5 Exhibit Exhibits 22 through 26, # 6 Text of Proposed Order)(Schoenhut, Karimah) (Entered: 10/26/2020)
2020-10-2621Memorandum in opposition to re 19 MOTION for Summary Judgment filed by SIERRA CLUB. (Attachments: # 1 Declaration Diana Umpierre, # 2 Declaration Karimah Schoenhut, # 3 Exhibit Exhibits 1 through 20, # 4 Exhibit Exhibit 21, # 5 Exhibit Exhibits 22 through 26, # 6 Text of Proposed Order)(Schoenhut, Karimah) (Entered: 10/26/2020)
2020-12-0322REPLY to opposition to motion re 19 MOTION for Summary Judgment filed by U.S. FISH AND WILDLIFE SERVICE. (Attachments: # 1 McClurkin Suppl.Decl., # 2 Defendant's Responses to Plaintiff's SMF, # 3 Text of Proposed Order)(Yee, Marsha) (Entered: 12/03/2020)
2020-12-0323Memorandum in opposition to re 20 Cross MOTION for Summary Judgment filed by U.S. FISH AND WILDLIFE SERVICE. (Attachments: # 1 McClurkin Suppl.Decl., # 2 Defendant's Responses to Plaintiff's SMF, # 3 Text of Proposed Order)(Yee, Marsha) (Entered: 12/03/2020)
2021-01-1424REPLY to opposition to motion re 20 Cross MOTION for Summary Judgment filed by SIERRA CLUB. (Attachments: # 1 Declaration Second Decl. of Karimah Schoenhut, # 2 Exhibit 1 and 2)(Schoenhut, Karimah) (Entered: 01/14/2021)
2021-02-2625ORDER: The Court ORDERS that: 1) Plaintiff's 20 Cross-Motion for Summary Judgment is GRANTED IN PART and DENIED IN PART; 2) Defendant's 19 Motion for Summary Judgment is DENIED; 3) Fish and Wildlife shall turn over the final January 2018 SSA report by March 3, 2021; 4) Fish and Wildlife shall submit to Plaintiff by March 12, 2021, further declarations as described in the Memorandum Opinion; and 5) By March 26, 2021, the parties shall file either a stipulation of dismissal or a joint status report with proposed dates for further briefing. Signed by Judge James E. Boasberg on 2/26/2021. (lcjeb1) (Entered: 02/26/2021)
2021-02-2626MEMORANDUM OPINION re 25 Order on Motions for Summary Judgment. Signed by Judge James E. Boasberg on 2/26/2021. (lcjeb1) (Entered: 02/26/2021)
2021-02-26Set/Reset Deadlines: Fish and Wildlife shall turn over the final January 2018 SSA report by 3/3/2021. Fish and Wildlife shall submit to Plaintiff by 3/12/2021. Status Report due by 3/26/2021. (znbn) (Entered: 02/26/2021)
2021-03-0227Consent MOTION to Stay Order Requiring Disclosure by U.S. FISH AND WILDLIFE SERVICE. (Attachments: # 1 Text of Proposed Order)(Yee, Marsha) (Entered: 03/02/2021)
2021-03-03MINUTE ORDER GRANTING Consent 27 Motion to Stay. The Court ORDERS that the portion of its February 26, 2021, Order requiring the agency to turn over the final January 2018 SSA report by March 3, 2021, is hereby STAYED until March 31, 2021. So ORDERED by Judge James E. Boasberg on 3/3/2021. (lcjeb1) (Entered: 03/03/2021)
2021-03-2528Joint STATUS REPORT by U.S. FISH AND WILDLIFE SERVICE. (Yee, Marsha) (Entered: 03/25/2021)
2021-03-25MINUTE ORDER: The Court ADOPTS the parties' 28 Joint Status Report and ORDERS that they shall file a further joint status report by April 26, 2021. So ORDERED by Judge James E. Boasberg on 3/25/2021. (lcjeb1) (Entered: 03/25/2021)
2021-03-25Set/Reset Deadlines: Joint Status Report due by 4/26/2021. (nbn) (Entered: 03/25/2021)
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by FOIA Project Staff
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