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Case TitleLOS PADRES FORESTWATCH v. U.S. FOREST SERVICE
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2020cv01911
Date Filed2020-07-15
Date ClosedOpen
JudgeJudge Ana C. Reyes
PlaintiffLOS PADRES FORESTWATCH
Case DescriptionLos Padres ForestWatch submitted a FOIA request to U.S. Forest Service for records concerning a special use permit granted to Parks Management Company to manage recreation throughout the Los Padres National Forest. Los Padres ForestWatch also requested a fee waiver. The agency acknowledged the receipt of the request, told Los Padres ForestWatch that the request had been sent to the Pacific Northwest Region, and indicated that it would not charge search fees because it could not respond within 20 days. After hearing nothing further from the agency, Los Padres ForestWatch filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Attorney's fees

DefendantU.S. FOREST SERVICE
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

2020-07-151COMPLAINT against U.S. FOREST SERVICE ( Filing fee $ 400 receipt number ADCDC-7341589) filed by LOS PADRES FORESTWATCH. (Attachments: # 1 Civil Cover Sheet Civil Cover Sheet, # 2 Summons Summons Civil Process Clerk, # 3 Summons Summons U.S. Attorney General, # 4 Summons Summons U.S. Forest Service)(Kane, Maya) Modified on 7/15/2020 to correct filer.(ztnr) (Attachment 1 replaced on 7/21/2020) (znmw). (Entered: 07/15/2020)
2020-07-152LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by LOS PADRES FORESTWATCH (Kane, Maya) (Entered: 07/15/2020)
2020-07-153ERRATA by LOS PADRES FORESTWATCH 1 Complaint, filed by LOS PADRES FORESTWATCH. (Attachments: # 1 Errata Signed Civil Cover Sheet)(Kane, Maya) (Entered: 07/15/2020)
2020-07-15Case Assigned to Judge Emmet G. Sullivan. (adh, ) (Entered: 07/15/2020)
2020-07-154SUMMONS (3) Issued Electronically as to U.S. FOREST SERVICE, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(adh, ) (Entered: 07/15/2020)
2020-07-285RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. FOREST SERVICE served on 7/27/2020 (Attachments: # 1 Exhibit Proof of Service)(Kane, Maya) (Main Document 5 replaced on 7/29/2020) (zjf). (Entered: 07/28/2020)
2020-07-286RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 7/27/2020. (Attachments: # 1 Exhibit Proof of Service)(Kane, Maya) (Main Document 6 replaced on 7/29/2020) (zjf). (Entered: 07/28/2020)
2020-07-287RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 7/27/2020. Answer due for ALL FEDERAL DEFENDANTS by 8/26/2020. (Attachments: # 1 Exhibit Proof of Service)(Kane, Maya) (Main Document 7 replaced on 7/29/2020) (zjf). (Entered: 07/28/2020)
2020-07-308STANDING 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 07/30/20. (Attachment: # 1 Exhibit 1) (mac) (Entered: 07/30/2020)
2020-08-249Consent MOTION for Extension of Time to File Answer re 1 Complaint, by U.S. FOREST SERVICE (Attachments: # 1 Text of Proposed Order)(Brudy-Everett, Kristin) (Entered: 08/24/2020)
2020-08-26MINUTE ORDER granting 9 Consent MOTION for Extension of Time to File Answer. Defendant shall file an answer or otherwise respond by no later than September 9, 2020. Signed by Judge Emmet G. Sullivan on 8/26/2020. (lcegs2) (Entered: 08/26/2020)
2020-08-27Set/Reset Deadlines: Defendant Answer Or Otherwise Response due by 9/9/2020, (mac) (Entered: 08/27/2020)
2020-09-0910ANSWER to Complaint by U.S. FOREST SERVICE. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Brudy-Everett, Kristin) (Entered: 09/09/2020)
2020-09-10MINUTE 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 October 13, 2020. The parties' joint proposed scheduling order shall address the following: (1) The status of plaintiff's FOIA request; (2) The anticipated number of documents responsive to plaintiffs FOIA request; (3) The anticipated date(s), if any, for release of documents responsive to plaintiff's FOIA request; (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 9/10/2020. (lcegs2) (Entered: 09/10/2020)
2020-09-11Set/Reset Deadlines: Parties Joint Proposed Scheduling Order due by 10/13/2020 (mac) (Entered: 09/11/2020)
2020-10-1311Joint STATUS REPORT by U.S. FOREST SERVICE. (Attachments: # 1 Text of Proposed Order)(Brudy-Everett, Kristin) (Entered: 10/13/2020)
2020-10-14MINUTE ORDER. In view of 11 Joint STATUS REPORT, the parties are directed to file a joint status report by no later than December 11, 2020. Signed by Judge Emmet G. Sullivan on 10/14/2020. (lcegs2) (Entered: 10/14/2020)
2020-10-15Set/Reset Deadlines: Joint Status Report due by 12/11/2020. (mac) (Entered: 10/15/2020)
2020-12-1012Joint STATUS REPORT by U.S. FOREST SERVICE. (Attachments: # 1 Text of Proposed Order)(Brudy-Everett, Kristin) (Entered: 12/10/2020)
2020-12-11MINUTE ORDER. In view of 12 the parties' joint status report, the parties are directed to file further joint status report by no later than February 9, 2021. Signed by Judge Emmet G. Sullivan on 12/11/2020. (lcegs2) (Entered: 12/11/2020)
2020-12-14Set/Reset Deadlines: Joint Status Report due by 2/9/2021 (mac) (Entered: 12/14/2020)
2021-02-0813Joint STATUS REPORT by U.S. FOREST SERVICE. (Attachments: # 1 Text of Proposed Order)(Brudy-Everett, Kristin) (Entered: 02/08/2021)
2021-02-09MINUTE ORDER. In view of 13 Joint Status Report, the parties are directed to file a further joint status report by March 11, 2021. Signed by Judge Emmet G. Sullivan on 2/9/2021. (lcegs2) (Entered: 02/09/2021)
2021-02-10Set/Reset Deadlines: Joint Status Report due by 3/11/2021. (mac) (Entered: 02/10/2021)
2021-03-1114Joint STATUS REPORT by U.S. FOREST SERVICE. (Attachments: # 1 Text of Proposed Order)(Brudy-Everett, Kristin) (Entered: 03/11/2021)
2021-03-12MINUTE ORDER. In view of 14 Joint Status Report, the parties shall file a further joint status report by no later than April 12, 2021. Signed by Judge Emmet G. Sullivan on 3/12/2021. (lcegs2) (Entered: 03/12/2021)
2021-03-13Set/Reset Deadlines: Joint Status Report due by 4/12/2021 (mac) (Entered: 03/13/2021)
2021-04-1215Joint STATUS REPORT by U.S. FOREST SERVICE. (Attachments: # 1 Text of Proposed Order)(Brudy-Everett, Kristin) (Entered: 04/12/2021)
2021-04-14MINUTE ORDER. In view of 15 Joint Status Report, the parties are directed to file another joint status report by no later than May 12, 2021. Signed by Judge Emmet G. Sullivan on 4/14/2021. (lcegs2) (Entered: 04/14/2021)
2021-04-15Set/Reset Deadlines: Joint Status Report due by 5/12/2021. (mac) (Entered: 04/15/2021)
2021-05-1216Joint STATUS REPORT by U.S. FOREST SERVICE. (Attachments: # 1 Text of Proposed Order)(Brudy-Everett, Kristin) (Entered: 05/12/2021)
2021-05-1417NOTICE of Appearance by Matt Kenna on behalf of LOS PADRES FORESTWATCH (Kenna, Matt) (Main Document 17 replaced on 5/16/2021) (zjf). (Main Document 17 replaced on 5/17/2021) (znmw). (Entered: 05/14/2021)
2021-05-17MINUTE ORDER. In view of 16 Joint Status Report, the parties shall adhere to the following briefing schedule: Defendant shall file its motion for summary judgment by no later than July 12, 2021; Plaintiff shall file its opposition to Defendants motion and any cross-motion for summary judgment by no later than August 11, 2021; Defendant shall file its reply and opposition by no later than August 25, 2021; and Plaintiff shall file its reply by no later than September 8, 2021. Signed by Judge Emmet G. Sullivan on 5/17/2021. (lcegs2) (Entered: 05/17/2021)
2021-05-17Set/Reset Deadlines: Defendant Motion For Summary Judgment due by 7/12/2021. Plaintiff Opposition To Defendants Motion And Any Cross-Motion For Summary Judgment due by 8/11/2021. Defendant Reply And opposition due by 8/25/2021. Plaintiff Reply due by 9/8/2021. (mac) (Entered: 05/17/2021)
2021-07-0818NOTICE OF SUBSTITUTION OF COUNSEL by Thomas Duffey on behalf of U.S. FOREST SERVICE Substituting for attorney Kristin Brudy-Everett (Duffey, Thomas) (Entered: 07/08/2021)
2021-07-0819Consent MOTION for Extension of Time to File with proposed order by U.S. FOREST SERVICE. (Duffey, Thomas) (Entered: 07/08/2021)
2021-07-08MINUTE ORDER granting 19 Consent Motion for Extension of Time. The parties shall adhere to the following revised briefing schedule: Defendant shall file its motion for summary judgment by no later than August 12, 2021; Plaintiff shall file its opposition to Defendant's motion and any cross-motion for summary judgment by no later than September 13, 2021; Defendant shall file its reply and opposition by no later than September 27, 2021; and Plaintiff shall file its reply by no later than October 12, 2021. Signed by Judge Emmet G. Sullivan on 7/8/2021. (lcegs2) (Entered: 07/08/2021)
2021-07-09Set/Reset Deadlines: Defendant Motion For Summary Judgment due by 08/12/2021. Plaintiff Opposition To Defendant's Motion And Any Cross-Motion For Summary Judgment due by 9/13/2021. Defendant Reply And Opposition due by 9/27/2021. Plaintiff Reply due by 10/12/2021. (mac) (Entered: 07/09/2021)
2021-08-1220MOTION for Summary Judgment by U.S. FOREST SERVICE. (Attachments: # 1 Statement of Facts, # 2 Memorandum in Support, # 3 Declaration Latanga Rush, # 4 Exhibit A FOIA Request, # 5 Exhibit B FOIA Response Ltrs, # 6 Exhibit C Vaughn Index, # 7 Exhibit D Koontz Statement, # 8 Text of Proposed Order)(Duffey, Thomas) (Entered: 08/12/2021)
2021-09-0321Consent MOTION for Extension of Time to File CROSS MOTION FOR SUMMARY JUDGMENT by LOS PADRES FORESTWATCH. (Kane, Maya) (Entered: 09/03/2021)
2021-09-07MINUTE ORDER denying without prejudice 21 Consent Motion for Extension of Time for failure to comply with Local Civil Rule 7(c) ("Each motion... shall be accompanied by a proposed order."). Any proposed order accompanying this motion should include deadlines for all remaining briefing on Plaintiff's cross-motion for summary judgment. Signed by Judge Emmet G. Sullivan on 9/7/2021. (lcegs2) (Entered: 09/07/2021)
2021-09-0922Consent MOTION for Extension of Time to File Opposition to Defendant's Motion for Summary Judgment and Cross Motion for Summary Judgment by LOS PADRES FORESTWATCH. (Attachments: # 1 Proposed Order)(Kane, Maya) (Entered: 09/09/2021)
2021-09-10MINUTE ORDER granting 22 Consent Motion for Extension of Time. The parties shall adhere to the following revised briefing schedule: Plaintiff shall file its Opposition to Defendant's Motion for Summary Judgment and Cross Motion for Summary Judgment by no later than October 4, 2021; Defendant shall file its reply and opposition by no later than October 18, 2021; and Plaintiff shall file its reply by no later than November 1, 2021. Signed by Judge Emmet G. Sullivan on 9/10/2021. (lcegs2) (Entered: 09/10/2021)
2021-09-12Set/Reset Deadlines: : Plaintiff Opposition to Defendant's Motion for Summary Judgment and Cross Motion for Summary Judgment due by 10/04/2021. Defendant Reply And Opposition due by 10/18/2021. Plaintiff Reply due by 11/01/2021. (mac) (Entered: 09/12/2021)
2021-10-0423Cross MOTION for Summary Judgment by LOS PADRES FORESTWATCH. (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Index of Exhibits, # 4 Text of Proposed Order, # 5 Exhibit Email Communication with K. Brudy-Everett, # 6 Exhibit Declaration of Jeffrey Scott Kuyper, # 7 Exhibit Granger Thye Fee Offset Agreement, # 8 Exhibit PMC Special Use Permit, # 9 Exhibit PMC Fee Sign Reyes Creek Campground, # 10 Exhibit Recreation.gov Screenshot)(Kane, Maya) (Entered: 10/04/2021)
2021-10-0424Memorandum in opposition to re 20 MOTION for Summary Judgment filed by LOS PADRES FORESTWATCH. (Attachments: # 1 Statement of Facts Statement of Facts, # 2 Index of Exhibits, # 3 Exhibit Email Communication from K. Brudy-Everett, # 4 Exhibit Declaration of Jeffrey Scott Kuyper, # 5 Exhibit PMC Granger-Thye Fee Offset Agreement, # 6 Exhibit PMC Special Use Permit, # 7 Exhibit PMC Campground Sign, # 8 Exhibit Recreation.gov Screenshot, # 9 Text of Proposed Order Proposed Order)(Kane, Maya) (Entered: 10/04/2021)
2021-10-1525Consent MOTION for Extension of Time to File Response/Reply as to 23 Cross MOTION for Summary Judgment with proposed order by U.S. FOREST SERVICE. (Duffey, Thomas) (Entered: 10/15/2021)
2021-10-19MINUTE ORDER granting 25 Consent Motion for Extension of Time. Defendant shall file its reply and opposition to the cross-motion for summary judgment by no later than November 8, 2021; Plaintiff shall file its reply by no later than November 22, 2021. Signed by Judge Emmet G. Sullivan on 10/19/2021. (lcegs2) (Entered: 10/19/2021)
2021-10-20Set/Reset Deadlines: Defendant Reply And Opposition To Cross-Motion For Summary Judgment due by 11/08/2021. Plaintiff Reply due by 11/22/2021. (mac) (Entered: 10/20/2021)
2021-11-0526Consent MOTION for Extension of Time to File Response/Reply as to 23 Cross MOTION for Summary Judgment with proposed order by U.S. FOREST SERVICE. (Duffey, Thomas) (Entered: 11/05/2021)
2021-11-10MINUTE ORDER granting 26 Defendant's consent motion for extension of time. Defendant shall file the reply and opposition to cross-motion for summary judgment by no later than November 22, 2021. Signed by Judge Emmet G. Sullivan on 11/10/2021. (lcegs1) (Entered: 11/10/2021)
2021-11-12Set/Reset Deadlines: Defendant's reply and opposition to cross-motion for summary judgment due by 11/22/2021. (ztg) (Entered: 11/12/2021)
2021-11-2227Memorandum in opposition to re 23 Cross MOTION for Summary Judgment filed by U.S. FOREST SERVICE. (Attachments: # 1 Statement of Facts, # 2 Declaration Exhibit A Koontz Declaration)(Duffey, Thomas) (Entered: 11/22/2021)
2021-12-0628REPLY to opposition to motion re 23 Cross MOTION for Summary Judgment filed by LOS PADRES FORESTWATCH. (Kane, Maya) (Entered: 12/06/2021)
2023-02-2129NOTICE OF SUBSTITUTION OF COUNSEL by Fithawi Berhane on behalf of U.S. FOREST SERVICE Substituting for attorney Thomas Duffey (Berhane, Fithawi) (Entered: 02/21/2023)
2023-02-24Case directly reassigned to District Judge Ana C. Reyes. Judge Emmet G. Sullivan is no longer assigned to the case. (rj) (Entered: 02/24/2023)
2023-04-04MINUTE ORDER. In the interest of judicial efficiency, the parties' Cross-Motions for Summary Judgment 20 , 23 are DENIED WITHOUT PREJUDICE . The parties are ORDERED to meet-and-confer to resolve or narrow the disputes between them. The parties must meet-and-confer in person at least once before determining that they cannot resolve their disputes. If the parties are unable to resolve their disputes, they are directed to file a status report identifying as to the meetings: (a) the individuals who participated; (b) their location; (c) their length; and (d) a summary of the efforts made by each party to narrow the disputes. The parties must also include a proposed process for the Court's review of challenged redactions in camera, as the Court may take that step. If after reviewing exempted materials in camera, the Court determines that either party was not acting in good faith during the meet-and-confer process, the Court will take appropriate action. Signed by Judge Ana C. Reyes on 4/4/2023. (lcjo) (Entered: 04/04/2023)
2023-07-2430NOTICE of Appearance by Elizabeth Leigh Lewis on behalf of LOS PADRES FORESTWATCH (Lewis, Elizabeth) (Entered: 07/24/2023)
2023-12-2931Joint STATUS REPORT by U.S. FOREST SERVICE. (Attachments: # 1 Exhibit A)(Berhane, Fithawi) (Entered: 12/29/2023)
2024-01-02MINUTE ORDER directing the parties to meet and confer in person again on or before February 9, 2024. The Government must provide an updated Vaughn index at least three business days before the scheduled meet and confer. If the parties cannot resolve the Exemption 4 issues, the Court will review the documents in camera. If, after having done so, the Court determines that either side was acting in bad faith or being patently unreasonable in their positions, the Court will enter a show cause order on sanctions. SO ORDERED. Signed by Judge Ana C. Reyes on 1/2/2024. (lcacr1) (Entered: 01/02/2024)
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