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Case TitleAQUALLIANCE v. UNITED STATES BUREAU OF RECLAMATION
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2021cv00632
Date Filed2021-03-09
Date Closed2021-12-08
JudgeJudge James E. Boasberg
PlaintiffAQUALLIANCE a Not-for-Profit Corporation
Case DescriptionAquAlliance submitted a FOIA request to the Bureau of Land Reclamation for records concerning a summary of water transfers taking place in 2020 under the Bureau and SLDMWA's Long-Term Water Transfer program. The agency acknowledged receipt of the request and told AquAlliance that it found no records. AquAlliance filed an administrative appeal, but after hearing nothing further from the agency, AquAlliance filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantUNITED STATES BUREAU OF RECLAMATION
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Opinion/Order [25]
FOIA Project Annotation: Judge James Boasberg has ruled that the Bureau of Reclamation properly responded to a FOIA request from AquAlliance for summaries of water transfers that took place in 2020 under the agency and San Luis & Delta-Mendota Water Authority's Long-Term Water Transfer program. The agency referred the request to the Division of Resources Management in Region 10, the only office the agency deemed likely to have such records. However, a search yielded no records. The agency explained that such summaries were not required to be filed and that to the extent that the agency had collected summaries, they would not be available until the following year. With this knowledge in hand, AquAlliance acknowledged that summaries did not exist but argued that the agency should have looked for underlying materials as well. Boasberg sided with the agency. He noted that "this is not a situation in which the Government is playing it cute â€" that is knowing what a requester really wants but acting with willful blindness in following the literal terms of a request. On the contrary, Plaintiff itself points out in briefing that it 'asked for a summary because it did not need every single document which contained the basic information sought.' In other words, AquAlliance really did want summaries." AquAlliance argued that the agency had limited its search to records that had "summary" in their titles. But Boasberg indicated that "but the Bureau explains that it did not 'merely limit its search to "documents that included the word 'summary' in their titles." And while documents may exist that contain some of the sought information, Plaintiff does not describe what those could be and concedes that they are not summaries." Boasberg observed that "finally, to the extent that AquAlliance would like the Bureau to create a summary using the information in its possession, it is well-established that the Government was under no obligation to do so."
Issues: Request - Specificity
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2021-03-091COMPLAINT against UNITED STATES BUREAU OF RECLAMATION ( Filing fee $ 402 receipt number ADCDC-8291591) filed by AQUALLIANCE. (Attachments: # 1 Civil Cover Sheet, # 2 Summons to Civil Process Clerk, # 3 Summons to Defendant, # 4 Summons to Attorney General)(Kenna, Matt) (Entered: 03/09/2021)
2021-03-092LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by AQUALLIANCE (Kenna, Matt) (Entered: 03/09/2021)
2021-03-093ERRATA Corrected Civil Cover Sheet by AQUALLIANCE. (Kenna, Matt) (Entered: 03/09/2021)
2021-03-10Case Assigned to Judge James E. Boasberg. (adh, ) (Entered: 03/10/2021)
2021-03-104SUMMONS (3) Issued Electronically as to UNITED STATES BUREAU OF RECLAMATION, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(adh, ) (Entered: 03/10/2021)
2021-03-165RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 3/15/2021. Answer due for ALL FEDERAL DEFENDANTS by 4/14/2021. (Attachments: # 1 Return Receipt)(Kenna, Matt) (Main Document 5 replaced on 3/17/2021) (ztth). (Entered: 03/16/2021)
2021-03-166RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES BUREAU OF RECLAMATION served on 3/15/2021 (Attachments: # 1 Return Receipt)(Kenna, Matt) (Main Document 6 replaced on 3/17/2021) (ztth). (Entered: 03/16/2021)
2021-03-167RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 03/15/2021. (Attachments: # 1 Return Receipt)(Kenna, Matt) (Main Document 7 replaced on 3/17/2021) (ztth). (Entered: 03/16/2021)
2021-04-148NOTICE of Appearance by Diana Viggiano Valdivia on behalf of UNITED STATES BUREAU OF RECLAMATION (Valdivia, Diana) (Entered: 04/14/2021)
2021-04-149NOTICE OF CONSENT TO ASSIGNMENT TO MAGISTRATE JUDGE by UNITED STATES BUREAU OF RECLAMATION (Valdivia, Diana) (Entered: 04/14/2021)
2021-04-1410ANSWER to Complaint by UNITED STATES BUREAU OF RECLAMATION.(Valdivia, Diana) (Entered: 04/14/2021)
2021-04-15MINUTE ORDER: The Court ORDERS that the parties shall confer and submit a joint proposed briefing schedule by April 29, 2021. So ORDERED by Judge James E. Boasberg on 4/15/2021. (lcjeb2) (Entered: 04/15/2021)
2021-04-15Set/Reset Deadlines: Joint Proposed Briefing Schedule due by 4/29/2021. (nbn) (Entered: 04/15/2021)
2021-04-2911PROPOSED BRIEFING SCHEDULE (Joint) by UNITED STATES BUREAU OF RECLAMATION. (Valdivia, Diana) (Entered: 04/29/2021)
2021-04-29MINUTE ORDER: The Court ADOPTS the parties' 11 Joint Proposed Briefing Schedule and ORDERS that they shall file a joint status report by June 28, 2021. So ORDERED by Judge James E. Boasberg on 4/29/2021.(lcjeb3) (Entered: 04/29/2021)
2021-04-29Set/Reset Deadlines: Joint Status Report due by 6/28/2021. (nbn) (Entered: 04/29/2021)
2021-06-2812Joint STATUS REPORT by AQUALLIANCE. (Kenna, Matt) (Entered: 06/28/2021)
2021-06-28MINUTE ORDER: The Court ORDERS that Defendant shall file its Motion for Summary Judgment by July 26, 2021, with Plaintiff's Opposition and Cross-Motion due by August 16, 2021, Defendant's Opposition and Reply due by September 16, 2021, and Plaintiff's Reply by September 30, 2021. So ORDERED by Judge James E. Boasberg on 6/28/2021. (lcjeb3) (Entered: 06/28/2021)
2021-06-28Set/Reset Deadlines: Summary Judgment motions due by 7/26/2021. Response to Motion for Summary Judgment due by 8/16/2021. Cross Motions due by 8/16/2021. Reply to Motion for Summary Judgment due by 9/16/2021. Response to Cross Motions due by 9/16/2021. Reply to Cross Motions due by 9/30/2021. (nbn) (Entered: 06/29/2021)
2021-07-2613MOTION for Summary Judgment by UNITED STATES BUREAU OF RECLAMATION. (Attachments: # 1 Memorandum in Support, # 2 Declaration of Christopher S. Miller, # 3 Statement of Facts, # 4 Text of Proposed Order)(Valdivia, Diana) (Entered: 07/26/2021)
2021-08-1614MOTION for Summary Judgment , incorporating Statement of Facts and Memorandum in Support by AQUALLIANCE. (Attachments: # 1 Declaration of Barbara Vlamis, # 2 Text of Proposed Order)(Kenna, Matt) (Entered: 08/16/2021)
2021-08-1615RESPONSE re 13 MOTION for Summary Judgment filed by AQUALLIANCE. (Attachments: # 1 Declaration of Barbara Vlamis, # 2 Text of Proposed Order)(Kenna, Matt) (Entered: 08/16/2021)
2021-09-1516MOTION for Extension of Time to File Response/Reply in further support of Defendant's Motion for Summary Judgment and Opposition to Plaintiff's Cross-Motion by UNITED STATES BUREAU OF RECLAMATION. (Attachments: # 1 Text of Proposed Order)(Valdivia, Diana) (Entered: 09/15/2021)
2021-09-1617RESPONSE re 16 MOTION for Extension of Time to File Response/Reply in further support of Defendant's Motion for Summary Judgment and Opposition to Plaintiff's Cross-Motion filed by AQUALLIANCE. (Kenna, Matt) (Entered: 09/16/2021)
2021-09-1618NOTICE of Proposed Order by AQUALLIANCE re 16 MOTION for Extension of Time to File Response/Reply in further support of Defendant's Motion for Summary Judgment and Opposition to Plaintiff's Cross-Motion , 17 Response to motion (Kenna, Matt) (Entered: 09/16/2021)
2021-09-16MINUTE ORDER: Although the Court understands Government counsel's considerable workload, the brief to which the Government must reply contains an argument section of merely five pages. As a result, the Court ORDERS that Defendant's 16 Motion for Extension is GRANTED IN PART and DENIED IN PART, and the Government's brief shall be due on October 12, 2021, with Plaintiff's reply due by October 26, 2021. So ORDERED by Judge James E. Boasberg on 9/16/2021. (lcjeb3) (Entered: 09/16/2021)
2021-09-16Set/Reset Deadlines: Government Brief due by 10/12/2021. (znbn) (Entered: 09/16/2021)
2021-10-1219MOTION for Extension of Time to File Response/Reply by UNITED STATES BUREAU OF RECLAMATION. (Attachments: # 1 Text of Proposed Order)(Valdivia, Diana) (Entered: 10/12/2021)
2021-10-1320RESPONSE re 19 MOTION for Extension of Time to File Response/Reply filed by AQUALLIANCE. (Attachments: # 1 Text of Proposed Order)(Kenna, Matt) (Entered: 10/13/2021)
2021-10-13MINUTE ORDER: If Plaintiff opposes Defendant's 19 Motion for Extension, the Court ORDERS that it shall file such opposition by October 15, 2021. So ORDERED by Judge James E. Boasberg on 10/13/2021. (lcjeb3) (Entered: 10/13/2021)
2021-10-13Set/Reset Deadlines: Opposition due by 10/15/2021. (znbn) (Entered: 10/13/2021)
2021-10-13MINUTE ORDER: Given the illness of defense counsel, the Court ORDERS that Defendant's 19 Motion for Extension is GRANTED, and it shall have until November 10, 2021, to file its opposition/reply. Plaintiff shall have until November 24, 2021, to file its reply. So ORDERED by Judge James E. Boasberg on 10/13/2021.(lcjeb3) (Entered: 10/13/2021)
2021-10-13Set/Reset Deadlines: Defense Opposition/Reply due by 11/10/2021. Plaintiff Reply due by 11/24/2021. (nbn) (Entered: 10/13/2021)
2021-11-1021Memorandum in opposition to re 14 MOTION for Summary Judgment , incorporating Statement of Facts and Memorandum in Support filed by UNITED STATES BUREAU OF RECLAMATION. (Attachments: # 1 Statement of Facts Response)(Valdivia, Diana) (Entered: 11/10/2021)
2021-11-1022REPLY to opposition to motion re 13 MOTION for Summary Judgment filed by UNITED STATES BUREAU OF RECLAMATION. (Valdivia, Diana) (Entered: 11/10/2021)
2021-11-1923REPLY to opposition to motion re 13 MOTION for Summary Judgment , 14 MOTION for Summary Judgment , incorporating Statement of Facts and Memorandum in Support filed by AQUALLIANCE. (Kenna, Matt) (Entered: 11/19/2021)
2021-12-0824ORDER: For the reasons set forth in the accompanying Memorandum Opinion, the Court ORDERS that: (1) Defendant's 13 Motion for Summary Judgment is GRANTED; (2) Plaintiff's 14 Motion for Summary Judgment is DENIED; and (3) Judgment is ENTERED in favor of Defendant. Signed by Judge James E. Boasberg on 12/8/2021. (lcjeb3) (Entered: 12/08/2021)
2021-12-0825MEMORANDUM OPINION re 24 Order on Motions for summary judgment. Signed by Judge James E. Boasberg on 12/8/2021. (lcjeb3) (Entered: 12/08/2021)
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