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Case TitleDIAMOND A RANCH, WESTERN DIVISION, L.L.C. et al v. WOLF et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2020cv03478
Date Filed2020-11-30
Date ClosedOpen
JudgeJudge Christopher R. Cooper
PlaintiffDIAMOND A RANCH, WESTERN DIVISION, L.L.C.
PlaintiffGUADALUPE RANCH CORPORATION
Case DescriptionThe Diamond A Ranch and the Guadalupe Ranch Corporation submitted a FOIA request to U.S. Army Corps of Engineers for records concerning contracts and related materials pertaining to the Tucson Sector Barrier Wall Replacement Project. The agency acknowledged receipt of the request but the Corps of Engineers told the Diamond A Ranch that contracts needed to be sent to contractors for comment before being disclosed. After hearing nothing further from the agency, Diamond A Ranch filed suit. Diamond A Ranch also filed suit against the Department of Homeland Security for constitutional violations.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantCHAD F. WOLF in his official capacity as Secretary, United States Department of Homeland Security
DefendantMARK A. MORGAN in his official capacity as Acting Commissioner, United States Customs and Border Protection
DefendantRODNEY S. SCOTT in his official capacity as Chief, United States Border Patrol
DefendantPAUL ENRIGUEZ in his official capacity as Acquisition, Real Estate and Environmental Director, Infrastructure Portfolio, Program Management Office Directorate, United States Border Patrol
DefendantSCOTT SPELLMON LTG, in his official capacity as Commanding General, United States Army Corps of Engineers
DefendantSCOTT SPELLMON in his official capacity as Commanding General, United States Army Corps of Engineers
DefendantTROY OLSON in his official capacity as Chief of Construction, South Pacific Border District, United States Army Corps of Engineers
DefendantUNITED STATES ARMY CORPS OF ENGINEERS
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
Complaint attachment 7
Complaint attachment 8
Complaint attachment 9
Complaint attachment 10
Complaint attachment 11
Complaint attachment 12
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2020-11-301COMPLAINT against All Defendants ( Filing fee $ 400 receipt number ADCDC-7893998) filed by DIAMOND A RANCH, WESTERN DIVISION, L.L.C., GUADALUPE RANCH CORPORATION. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit A, # 3 Exhibit B, # 4 Summons for Paul Enriguez, # 5 Summons for Mark A. Morgan, # 6 Summons for Troy Olson, # 7 Summons for Rodney S. Scott, # 8 Summons for Scott A. Spellmon, # 9 Summons for the U.S. Attorney for the District of Columbia, # 10 Summons for the U.S. Attorney General, # 11 Summons for U.S. Army Corps of Engineers, # 12 Summons for Chad F. Wolf)(Baker, Stewart) (Attachment 1 replaced on 12/4/2020) (znmw). (Entered: 11/30/2020)
2020-11-302LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by DIAMOND A RANCH, WESTERN DIVISION, L.L.C. (Baker, Stewart) (Entered: 11/30/2020)
2020-11-303LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by GUADALUPE RANCH CORPORATION (Baker, Stewart) (Entered: 11/30/2020)
2020-11-304Emergency MOTION for Temporary Restraining Order , MOTION for Preliminary Injunction by DIAMOND A RANCH, WESTERN DIVISION, L.L.C., GUADALUPE RANCH CORPORATION (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order, # 3 Declaration of Sage Goodwin, # 4 Exhibits to Declaration of Sage Goodwin (Part 1), # 5 Exhibits to Declaration of Sage Goodwin (Part 2), # 6 Exhibits to Declaration of Sage Goodwin (Part 3), # 7 Exhibits to Declaration of Sage Goodwin (Part 4), # 8 Declaration of John Kruc, # 9 Exhibits to Declaration of John Kruc)(Baker, Stewart) (Entered: 11/30/2020)
2020-12-015NOTICE of Appearance by Tyler McVeigh Alexander on behalf of All Defendants (Alexander, Tyler) (Entered: 12/01/2020)
2020-12-016NOTICE OF RELATED CASE by All Defendants. Case related to Case No. 19-CV-00408 (TNM); 20-CV-01230 (TNM). (Attachments: # 1 Exhibit 1, # 2 Exhibit 1)(Alexander, Tyler) (Entered: 12/01/2020)
2020-12-017ERRATA of Corrected Civil Cover Sheet by DIAMOND A RANCH, WESTERN DIVISION, L.L.C., GUADALUPE RANCH CORPORATION 1 Complaint,, filed by DIAMOND A RANCH, WESTERN DIVISION, L.L.C., GUADALUPE RANCH CORPORATION. (Attachments: # 1 Civil Cover Sheet)(Baker, Stewart) (Entered: 12/01/2020)
2020-12-018RESPONSE re 6 Notice of Related Case filed by DIAMOND A RANCH, WESTERN DIVISION, L.L.C., GUADALUPE RANCH CORPORATION. (Baker, Stewart) (Entered: 12/01/2020)
2020-12-019MOTION for Briefing Schedule for Plaintiffs' Motion for TRO by PAUL ENRIGUEZ, MARK A. MORGAN, TROY OLSON, RODNEY S. SCOTT, SCOTT SPELLMON, UNITED STATES ARMY CORPS OF ENGINEERS, CHAD F. WOLF (Attachments: # 1 Text of Proposed Order)(Alexander, Tyler) (Entered: 12/01/2020)
2020-12-0210Memorandum in opposition to re 9 MOTION for Briefing Schedule for Plaintiffs' Motion for TRO filed by DIAMOND A RANCH, WESTERN DIVISION, L.L.C., GUADALUPE RANCH CORPORATION. (Attachments: # 1 Exhibit A)(Baker, Stewart) Modified docket event/text on 12/2/2020 (eg). (Entered: 12/02/2020)
2020-12-02Case Assigned to Judge Trevor N. McFadden. (adh, ) (Entered: 12/02/2020)
2020-12-0211SUMMONS (9) Issued Electronically as to PAUL ENRIGUEZ, MARK A. MORGAN, TROY OLSON, RODNEY S. SCOTT, SCOTT SPELLMON, UNITED STATES ARMY CORPS OF ENGINEERS, CHAD F. WOLF, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(adh, ) (Entered: 12/02/2020)
2020-12-0212REPLY to opposition to motion re 9 MOTION for Briefing Schedule for Plaintiffs' Motion for TRO filed by PAUL ENRIGUEZ, MARK A. MORGAN, TROY OLSON, RODNEY S. SCOTT, SCOTT SPELLMON, UNITED STATES ARMY CORPS OF ENGINEERS, CHAD F. WOLF. (Alexander, Tyler) (Entered: 12/02/2020)
2020-12-02MINUTE ORDER. The parties are hereby ORDERED to appear for a telephonic status conference at 3:30 p.m. on December 2, 2020 before Judge Trevor N. McFadden. The parties shall be prepared to address Defendants' 6 Notice of Related Case. Dial-in information has been emailed to counsel. SO ORDERED. Signed by Judge Trevor N. McFadden on 12/2/2020. (lctnm3) (Entered: 12/02/2020)
2020-12-02Minute Entry for proceedings held before Judge Trevor N. McFadden: Telephonic Status Conference held on 12/2/2020. Order forthcoming. (Court Reporter: Crystal Pilgrim.) (hmc) (Entered: 12/02/2020)
2020-12-0213ORDER. This case is hereby transferred to the Calendar and Case Management Committee for random reassignment. See attached Order for details. Signed by Judge Trevor N. McFadden on 12/2/2020. (lctnm3) (Entered: 12/02/2020)
2020-12-0214SUPPLEMENTAL MEMORANDUM Supplement to Defendants' Reply in Support of Motion for Briefing Schedule by PAUL ENRIGUEZ, MARK A. MORGAN, TROY OLSON, RODNEY S. SCOTT, SCOTT SPELLMON, UNITED STATES ARMY CORPS OF ENGINEERS, CHAD F. WOLF re 12 Reply to opposition to Motion, (Attachments: # 1 Declaration of Colonel Antoinette R. Gant)(Alexander, Tyler) Modified text on 12/3/2020 (ztd). (Entered: 12/02/2020)
2020-12-0215Case randomly reassigned to Judge Christopher R. Cooper. Judge Trevor N. McFadden is no longer assigned to the case as deemed not related. (ztnr) (Entered: 12/03/2020)
2020-12-0316RESPONSE re 14 Notice (Other), filed by DIAMOND A RANCH, WESTERN DIVISION, L.L.C., GUADALUPE RANCH CORPORATION. (Baker, Stewart) (Entered: 12/03/2020)
2020-12-03MINUTE ORDER: The Court will hold a hearing on 9 Defendants' Motion to Set a Briefing Schedule and 4 Plaintiffs' Motion for Emergency Relief at 12/07/2020 at 10:00 AM via videoconference before Judge Christopher R. Cooper. Details for the videoconference will be sent separately. Signed by Judge Christopher R. Cooper on 12/3/2020. (lccrc2) (Entered: 12/03/2020)
2020-12-0317MOTION for Leave to Appear Pro Hac Vice :Attorney Name- David Hirsch, Filing fee $ 100, receipt number ADCDC-7913168. Fee Status: Fee Paid. by DIAMOND A RANCH, WESTERN DIVISION, L.L.C., GUADALUPE RANCH CORPORATION (Attachments: # 1 Declaration of David Hirsch, # 2 Text of Proposed Order)(Baker, Stewart) (Entered: 12/03/2020)
2020-12-04MINUTE ORDER granting 17 Motion for Leave to Appear Pro Hac Vice by David Hirsch. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). Click for instructions . Signed by Judge Christopher R. Cooper on 12/4/2020. (lccrc2) (Entered: 12/04/2020)
2020-12-0718NOTICE of Appearance by David A. Hirsch on behalf of DIAMOND A RANCH, WESTERN DIVISION, L.L.C., GUADALUPE RANCH CORPORATION (Hirsch, David) (Entered: 12/07/2020)
2020-12-07Minute Entry for video Motion Hearing held before Judge Christopher R. Cooper on 12/7/2020. Oral arguments submitted on Plaintiff's Motion 4 Emergency for Temporary Restraining Order and Motion for Preliminary Injunction. Motion DENIED for reasons stated on the record. (Court Reporter: Lisa Moreira) (lsj) (Entered: 12/07/2020)
2020-12-07MINUTE ORDER: As stated on the record at this morning's hearing, it is hereby ORDERED that 4 Plaintiffs' Request for Emergency Relief is DENIED and 9 Defendants' Motion to Set a Briefing Schedule on the Preliminary Injunction is GRANTED. The following deadlines shall apply: Defendants' response to 4 Plaintiffs' Request for a Preliminary Injunction is due by 12/14/2020; Plaintiffs' reply is due by 12/21/2020. The court will consider the need for a further hearing in this matter after all briefing is submitted. As represented by Government counsel during the hearing, the Government shall provide the Plaintiffs 14 days advance notice prior to any culvert-related construction activity across Guadalupe Creek and 10 days' advance notice of any blasting adjacent to Plaintiffs' property. SO ORDERED. Signed by Judge Christopher R. Cooper on 12/7/2020. (lccrc2) (Entered: 12/07/2020)
2020-12-08Set/Reset Deadlines: Responses due by 12/14/2020 and Replies due by 12/21/2020. (lsj) (Entered: 12/08/2020)
2020-12-1019TRANSCRIPT OF MOTION HEARING before Judge Christopher R. Cooper held on December 7, 2020; Page Numbers: 1-22. Date of Issuance:December 10, 2020. Court Reporter/Transcriber Lisa A. Moreira, RDR, CRR, Telephone number (202) 354-3187, Transcripts may be ordered by submitting the Transcript Order Form For the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter. NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 12/31/2020. Redacted Transcript Deadline set for 1/10/2021. Release of Transcript Restriction set for 3/10/2021.(Moreira, Lisa) (Entered: 12/10/2020)
2020-12-1420RESPONSE re 4 Emergency MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by PAUL ENRIGUEZ, MARK A. MORGAN, TROY OLSON, RODNEY S. SCOTT, SCOTT SPELLMON, UNITED STATES ARMY CORPS OF ENGINEERS, CHAD F. WOLF. (Attachments: # 1 Affidavit Declaration of Paul Enriquez, # 2 Affidavit Second Declaration of Col. Antoinette R. Gant)(Alexander, Tyler) (Entered: 12/14/2020)
2020-12-2121REPLY to opposition to motion re 4 Emergency MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by DIAMOND A RANCH, WESTERN DIVISION, L.L.C., GUADALUPE RANCH CORPORATION. (Attachments: # 1 Second Declaration of Sage Goodwin, # 2 Exhibit A to Second Declaration of Sage Goodwin, # 3 Text of Proposed Order)(Baker, Stewart) (Entered: 12/21/2020)
2020-12-2822RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. PAUL ENRIGUEZ served on 12/7/2020 (Baker, Stewart) (Entered: 12/28/2020)
2020-12-2823RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. MARK A. MORGAN served on 12/7/2020 (Baker, Stewart) (Entered: 12/28/2020)
2020-12-2824RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. TROY OLSON served on 12/7/2020 (Baker, Stewart) (Entered: 12/28/2020)
2020-12-2825RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. RODNEY S. SCOTT served on 12/7/2020 (Baker, Stewart) (Entered: 12/28/2020)
2020-12-2826RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. SCOTT SPELLMON served on 12/7/2020 (Baker, Stewart) (Entered: 12/28/2020)
2020-12-2827RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 12/7/2020. Answer due for ALL FEDERAL DEFENDANTS by 2/5/2021. (Baker, Stewart) (Entered: 12/28/2020)
2020-12-2828RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 12/7/2020. (Baker, Stewart) Modified served date on 12/29/2020 (eg). (Entered: 12/28/2020)
2020-12-2829RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES ARMY CORPS OF ENGINEERS served on 12/7/2020 (Baker, Stewart) (Entered: 12/28/2020)
2020-12-2830RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. CHAD F. WOLF served on 12/7/2020 (Baker, Stewart) (Entered: 12/28/2020)
2021-01-04MINUTE ORDER: Defendants are hereby ordered to file a surreply by 1/14/2021 which addresses North American Butterfly Association v. Wolf, 977 F.3d 1244 (D.C. Cir. 2020) as well as the Declaration and Exhibit submitted along with 21 Plaintiffs' Reply. Signed by Judge Christopher R. Cooper on 01/04/2021. (lccrc2) (Entered: 01/04/2021)
2021-01-0531MOTION for Extension of Time to Respond to Complaint by UNITED STATES ARMY CORPS OF ENGINEERS (Attachments: # 1 Text of Proposed Order)(Warden, Andrew) Modified event on 1/6/2021 (ztd). (Entered: 01/05/2021)
2021-01-0632RESPONSE re 31 MOTION for Extension of Time to File Response/Reply filed by DIAMOND A RANCH, WESTERN DIVISION, L.L.C., GUADALUPE RANCH CORPORATION. (Attachments: # 1 Text of Proposed Order)(Baker, Stewart) (Entered: 01/06/2021)
2021-01-07MINUTE ORDER: The Court hereby ORDERS that 31 Defendants' Motion for Extension of Time to File Response/Reply to Plaintiffs' FOIA claims is granted. Defendants' shall file any response/reply to Plaintiff's FOIA claims by 02/05/2021. It is further ORDERED that Defendants' are directed to produce the non-exempt portions of the requested contract as soon as practicable and, in any event, by 02/21/2021 (i.e. within 45 days). Signed by Judge Christopher R. Cooper on 1/7/2021. (lccrc2) (Entered: 01/07/2021)
2021-01-07Set/Reset Deadlines: Responses due by 2/5/2021 (lsj) (Entered: 01/07/2021)
2021-01-1233SURREPLY to re 4 Emergency MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by PAUL ENRIGUEZ, MARK A. MORGAN, TROY OLSON, RODNEY S. SCOTT, SCOTT SPELLMON, UNITED STATES ARMY CORPS OF ENGINEERS, CHAD F. WOLF. (Attachments: # 1 Affidavit Third Decl. of Col. Gant)(Alexander, Tyler) (Entered: 01/12/2021)
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