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Case TitleMONTANA ENVIRONMENTAL INFORMATION CENTER v. UNITED STATES OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2019cv02977
Date Filed2019-10-03
Date ClosedOpen
JudgeJudge Trevor N. McFadden
PlaintiffMONTANA ENVIRONMENTAL INFORMATION CENTER
Case DescriptionMontana Environmental Information Center submitted a FOIA request to U.S. Office of Surface Mining Reclamation and Enforcement for records concerning communications between the agency and the State of Montana and Western Energy Co. regarding the Area F expansion of the Rosebud Mine 10. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Montana Environmental Information Center filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantUNITED STATES OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2019-10-031COMPLAINT for Declaratory and Injunctive Relief against UNITED STATES OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT ( Filing fee $ 400 receipt number 0090-6415714) filed by MONTANA ENVIRONMENTAL INFORMATION CENTER. (Attachments: # 1 Civil Cover Sheet, # 2 Summons U.S. Office of Surface Mining and Enforcement, # 3 Summons U.S. Attorney District of DC, # 4 Summons U.S. Attorney General)(Mellgren, John) (Entered: 10/03/2019)
2019-10-032MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Shiloh S. Hernandez, :Firm- Western Environmental Law Center, :Address- 103 Reeder's Alley, Helena, Montana 59601. Phone No. - 406-204-4861. Filing fee $ 100, receipt number 0090-6415798. Fee Status: Fee Paid. by MONTANA ENVIRONMENTAL INFORMATION CENTER (Attachments: # 1 Declaration, # 2 Text of Proposed Order)(Mellgren, John) (Entered: 10/03/2019)
2019-10-033LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by MONTANA ENVIRONMENTAL INFORMATION CENTER (Mellgren, John) (Entered: 10/03/2019)
2019-10-08Case assigned to Judge Trevor N. McFadden. (zmc) (Entered: 10/08/2019)
2019-10-084SUMMONS (3) Issued Electronically as to UNITED STATES OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT, U.S. Attorney and U.S. Attorney General (zmc) (Entered: 10/08/2019)
2019-10-085STANDING ORDER Establishing Procedures for Cases Before Judge Trevor N. McFadden. The parties are hereby ORDERED to read and comply with the directives in the attached standing order. Signed by Judge Trevor N. McFadden on 10/8/2019. (lctnm3) (Entered: 10/08/2019)
2019-10-08MINUTE ORDER granting the 2 Motion for Leave to Appear Pro Hac Vice. Counsel Shiloh S. Hernandez shall promptly register for this Court's CM/ECF system. Signed by Judge Trevor N. McFadden on 10/8/2019. (lctnm3) (Entered: 10/08/2019)
2019-10-096NOTICE of Appearance by Shiloh Silvan Hernandez on behalf of MONTANA ENVIRONMENTAL INFORMATION CENTER (Hernandez, Shiloh) (Entered: 10/09/2019)
2019-10-257NOTICE of Appearance by Paul Cirino on behalf of UNITED STATES OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT (Cirino, Paul) (Entered: 10/25/2019)
2019-11-058RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 10/17/2019. Answer due for ALL FEDERAL DEFENDANTS by 11/16/2019. (Attachments: # 1 Affidavit of Mailing, # 2 Exhibit - Certified Mail Receipts)(Hernandez, Shiloh) (Entered: 11/05/2019)
2019-11-059RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 10/15/2019. (Attachments: # 1 Affidavit of Mailing, # 2 Exhibit - Certified Mail Receipts)(Hernandez, Shiloh) (Entered: 11/05/2019)
2019-11-0510RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT served on 10/15/2019 (Attachments: # 1 Affidavit of Mailing, # 2 Exhibit - Certified Mail Receipts)(Hernandez, Shiloh) (Entered: 11/05/2019)
2019-11-1811ANSWER to Complaint by UNITED STATES OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT.(Cirino, Paul) (Entered: 11/18/2019)
2019-11-18MINUTE ORDER. Before the Court are a complaint and an answer in this FOIA case. It is hereby ORDERED that the parties shall meet and confer and file a Joint Status Report proposing a schedule for proceeding in this matter. The schedule should address, among other things, the status of Plaintiff's FOIA request, the anticipated number of documents responsive to Plaintiff's FOIA request, the anticipated date(s) for release of the documents requested by Plaintiff, whether a motion for an Open America stay is likely in this case, whether a Vaughn index will be required in this case, and a briefing schedule for dispositive motions, if required. The parties shall file the report on or before December 18, 2019. Signed by Judge Trevor N. McFadden on 11/18/2019. (lctnm3) (Entered: 11/18/2019)
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