Skip to content

Case Detail

[Subscribe to updates]
Case TitlePUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY v. BERNHARDT et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2019cv02708
Date Filed2019-09-10
Date Closed2020-07-28
JudgeJudge Emmet G. Sullivan
PlaintiffPUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY
Case DescriptionPublic Employees for Environmental Responsibility submitted a FOIA request to U.S. Fish and Wildlife Service for records used or supporting a 2014 memo from the agency pertaining to the National Wildlife Refuge. The agency acknowledged receipt of the request. In its first response, the agency disclosed some records but withheld 45 pages under Exemption 5 (privileges). In its second response, the agency disclosed more records but withheld another 278 pages under Exemption 5. In its final response, the agency disclosed additional records but withheld 26 pages under Exemption 5. PEER filed an administrative appeal but after hearing nothing further from the agency, PEER filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantDAVID BERNHARDT In his official capacity as Secretary of the U.S. Department of the Interior.
DefendantDAVID L. BERNHARDT In his official capacity as Secretary of the U.S. Department of the Interior.
DefendantU.S. FISH & WILDLIFE SERVICE
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2019-09-101COMPLAINT against All Defendants ( Filing fee $ 400 receipt number 0090-6369184) filed by PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY. (Attachments: # 1 Civil Cover Sheet, # 2 Declaration Local Rule Declaration, # 3 Summons, # 4 Summons, # 5 Summons, # 6 Summons)(Jenkins, Peter) (Attachment 1 replaced on 9/16/2019) (zeg). (Entered: 09/10/2019)
2019-09-103LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY (zeg) (Entered: 09/16/2019)
2019-09-132ERRATA to Plaintiff's Complaint by PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY 1 Complaint, filed by PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY. (Jenkins, Peter) (Entered: 09/13/2019)
2019-09-16Case Assigned to Judge Emmet G. Sullivan. (zeg) (Entered: 09/16/2019)
2019-09-164SUMMONS (4) Issued Electronically as to DAVID BERNHARDT, U.S. FISH & WILDLIFE SERVICE, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(zeg) (Entered: 09/16/2019)
2019-09-235STANDING ORDER: The parties are directed to read the attached Standing Order Governing Civil Cases Before Judge Emmet G. Sullivan in its entirety upon receipt. The parties are hereby ORDERED to comply with the directives in the attached Standing Order. Signed by Judge Emmet G. Sullivan on 09/23/19. (Attachment: Exhibit 1) (mac) (Entered: 09/23/2019)
2019-10-176NOTICE of Appearance by Marina Utgoff Braswell on behalf of DAVID BERNHARDT, U.S. FISH & WILDLIFE SERVICE (Braswell, Marina) (Entered: 10/17/2019)
2019-10-307ANSWER to Complaint by DAVID BERNHARDT, U.S. FISH & WILDLIFE SERVICE.(Braswell, Marina) (Entered: 10/30/2019)
2019-10-31MINUTE ORDER. Plaintiff brings this action pursuant to the Freedom of Information Act ("FOIA"), 5 U.S.C. § 552. The parties are directed to meet and confer and propose a joint scheduling order for further proceedings in this case by no later than November 21, 2019. The parties' joint proposed scheduling order shall address the following: (1) The status of Plaintiff's FOIA requests; (2) The anticipated number of documents responsive to Plaintiff's FOIA requests; (3) The anticipated date(s) for release of documents responsive to Plaintiff's FOIA requests; (4) Whether a motion for an Open America stay is likely in this case; (5) Whether a Vaughn index will be required in this case; (6) Whether this case would benefit from referral to a magistrate judge or the District Court Mediation Program for purposes of settlement; and (7) A proposed briefing schedule for dispositive motions, if applicable. If the parties are unable to agree on a joint recommendation, the joint proposed scheduling order shall include each party's individual recommendations. Signed by Judge Emmet G. Sullivan on 10/31/2019. (lcegs3) (Entered: 10/31/2019)
2019-11-01Set/Reset Deadlines: Joint Scheduling Order due by 11/21/2019. (mac) (Entered: 11/01/2019)
2019-11-218Joint STATUS REPORT by PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY. (Jenkins, Peter) (Entered: 11/21/2019)
2019-11-22MINUTE ORDER. In view of the 8 Joint Status Report, the parties are directed to file another joint status report by no later than January 31, 2020, informing the Court of the status of Defendants' production and proposing a recommendation for further proceedings. The parties shall file a proposed order with each joint status report. Signed by Judge Emmet G. Sullivan on 11/22/2019. (lcegs3) (Entered: 11/22/2019)
2019-11-22Set/Reset Deadlines: Joint Status Report due by 1/31/2020. (mac) (Entered: 11/22/2019)
2020-01-319Joint STATUS REPORT by PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY. (Jenkins, Peter) (Entered: 01/31/2020)
2020-01-31MINUTE ORDER. In view of the 9 Joint Status Report, the parties are directed to file a joint status report with a recommendation for further proceedings by no later than March 2, 2020. It is FURTHER ORDERED that the parties shall comply with the Court's Minute Order of November 22, 2019 and file a proposed order with each joint status report. Signed by Judge Emmet G. Sullivan on 1/31/2020. (lcegs3) (Entered: 01/31/2020)
2020-02-03Set/Reset Deadlines: Joint Status Report due by 3/2/2020. (mac) (Entered: 02/03/2020)
2020-03-0210Joint STATUS REPORT by PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY. (Attachments: # 1 Text of Proposed Order)(Jenkins, Peter) (Entered: 03/02/2020)
2020-03-04MINUTE ORDER. In view of the 10 Joint Status Report, the parties are directed to file a joint status report with a recommendation for further proceedings by no later than April 10, 2020. Signed by Judge Emmet G. Sullivan on 3/4/2020. (lcegs3) (Entered: 03/04/2020)
2020-03-04Set/Reset Deadlines: Joint Status Report due by 4/10/2020. (mac) (Entered: 03/04/2020)
2020-04-1011Joint STATUS REPORT by PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY. (Jenkins, Peter) (Entered: 04/10/2020)
2020-04-13MINUTE ORDER. In view of the 11 Joint Status Report, the parties are directed to file another joint status report with a recommendation for further proceedings by no later than May 12, 2020. Signed by Judge Emmet G. Sullivan on 4/13/2020. (lcegs3) (Entered: 04/13/2020)
2020-04-13Set/Reset Deadlines: Joint Status Report due by 5/12/2020. (mac) (Entered: 04/13/2020)
2020-05-1212Joint STATUS REPORT by PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY. (Jenkins, Peter) (Entered: 05/12/2020)
2020-05-13MINUTE ORDER. In view of the 12 Joint Status Report, the parties are directed to file another joint status report with a recommendation for further proceedings by no later than June 12, 2020. In the event that the parties agree to dismiss this case, the parties shall file an appropriate stipulation. Signed by Judge Emmet G. Sullivan on 5/13/2020. (lcegs3) (Entered: 05/13/2020)
2020-05-14Set/Reset Deadlines: Joint Status Report due by 6/12/2020. (mac) (Entered: 05/14/2020)
2020-05-2813NOTICE OF SUBSTITUTION OF COUNSEL by Michael A. Tilghman on behalf of DAVID L. BERNHARDT, U.S. FISH & WILDLIFE SERVICE Substituting for attorney Marina Utgoff Braswell (Tilghman, Michael) (Entered: 05/28/2020)
2020-06-1214Joint STATUS REPORT by DAVID L. BERNHARDT, U.S. FISH & WILDLIFE SERVICE. (Attachments: # 1 Text of Proposed Order)(Tilghman, Michael) (Entered: 06/12/2020)
2020-06-15MINUTE ORDER. In view of 14 Joint Status Report, the parties are directed to file another joint status report with a recommendation for further proceedings by no later than July 13, 2020. Signed by Judge Emmet G. Sullivan on 6/15/2020. (lcegs3) (Entered: 06/15/2020)
2020-06-16Set/Reset Deadlines: Joint Status Report due by 7/13/2020. (mac) (Entered: 06/16/2020)
2020-07-1315ENTERED IN ERROR.....Joint STATUS REPORT by PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY. (Dinerstein, Paula) Modified on 7/13/2020 (zjf). (Entered: 07/13/2020)
2020-07-13NOTICE OF CORRECTED DOCKET ENTRY: Document No. re 15 Status Report was entered in error and counsel was instructed to refile said pleading using the assigned login/password of signing attorney for plaintiff's. (zjf) (Entered: 07/13/2020)
2020-07-1316Joint STATUS REPORT by PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY. (Jenkins, Peter) (Entered: 07/13/2020)
2020-07-15MINUTE ORDER. In view of 16 joint status report, the parties are directed to file another joint status report with a recommendation for further proceedings by no later than August 12, 2020. Signed by Judge Emmet G. Sullivan on 7/15/2020. (lcegs3) (Entered: 07/15/2020)
2020-07-15Set/Reset Deadlines: Joint Status Report due by 8/12/2020 (mac) (Entered: 07/15/2020)
2020-07-2817STIPULATION of Dismissal with Prejudice by DAVID L. BERNHARDT, U.S. FISH & WILDLIFE SERVICE. (Tilghman, Michael) (Entered: 07/28/2020)
Hide Docket Events
by FOIA Project Staff
Skip to toolbar