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Case TitlePUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY v. BERNHARDT et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2019cv02708
Date Filed2019-09-10
Date ClosedOpen
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.
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)
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by FOIA Project Staff
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