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Case TitleARK INITIATIVE v. UNITED STATES FOREST SERVICE
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2012cv00640
Date Filed2012-04-23
Date Closed2013-02-15
JudgeJudge Colleen Kollar-Kotelly
PlaintiffARK INITIATIVE
DefendantUNITED STATES 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

2012-04-231COMPLAINT against UNITED STATES FOREST SERVICE ( Filing fee $ 350 receipt number 0090-2907205) filed by ARK INITIATIVE. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons, # 4 Summons)(Kenna, Matt) (Entered: 04/23/2012)
2012-04-23Case Assigned to Judge Colleen Kollar-Kotelly. (mmh) (Entered: 04/24/2012)
2012-04-242ELECTRONIC SUMMONS (3) Issued as to UNITED STATES FOREST SERVICE, U.S. Attorney and U.S. Attorney General. Consent Form as Main document. (Attachments: # 1 Summons, # 2 Summons, # 3 Summons)(sth) (Entered: 04/24/2012)
2012-05-033RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 4/30/2012. Answer due for ALL FEDERAL DEFENDANTS by 5/30/2012. (Attachments: # 1 Declaration of Mailing, # 2 Exhibit Return Receipt)(Kenna, Matt) (Entered: 05/03/2012)
2012-05-034RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 4/30/2012. (Attachments: # 1 Declaration of Mailing, # 2 Exhibit Return Receipt)(Kenna, Matt) (Entered: 05/03/2012)
2012-05-035RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES FOREST SERVICE served on 4/30/2012 (Attachments: # 1 Declaration of Mailing, # 2 Exhibit Return Receipt)(Kenna, Matt) (Entered: 05/03/2012)
2012-05-236NOTICE of Appearance by Andrea McBarnette on behalf of UNITED STATES FOREST SERVICE (McBarnette, Andrea) (Entered: 05/23/2012)
2012-05-257Consent MOTION to Stay Litigation by UNITED STATES FOREST SERVICE (McBarnette, Andrea) (Entered: 05/25/2012)
2012-05-31MINUTE ORDER granting 7 Consent Motion for Stay. The Plaintiff has consented to Defendant's request to stay litigation until July 31, 2012. It is FURTHER ORDERED that the Defendant shall complete its document production upon the Plaintiff by July 6, 2012; and the parties shall file a Status Report by July 31, 2012. Signed by Judge Colleen Kollar-Kotelly on May 31, 2012. (SM) (Entered: 05/31/2012)
2012-07-118MOTION to Expedite and Motion to Hold Defendant in Contempt of Court by ARK INITIATIVE (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Text of Proposed Order)(Kenna, Matt). Added MOTION to Hold in Contempt on 7/12/2012 (nmw, ). (Entered: 07/11/2012)
2012-07-119NOTICE of Errata re Proposed Order by ARK INITIATIVE re 8 MOTION to Expedite and Motion to Hold Defendant in Contempt of Court (Attachments: # 1 Text of Proposed Order (Amended))(Kenna, Matt) (Entered: 07/11/2012)
2012-07-1610MOTION for Extension of Time to Produce Responsive Documents by UNITED STATES FOREST SERVICE (Attachments: # 1 Declaration, # 2 Exhibit A)(McBarnette, Andrea) (Entered: 07/16/2012)
2012-07-1611Memorandum in opposition to re 8 MOTION to Expedite and Motion to Hold Defendant in Contempt of Court MOTION to Hold in Contempt filed by UNITED STATES FOREST SERVICE. (Attachments: # 1 Declaration, # 2 Exhibit A)(McBarnette, Andrea) (Entered: 07/16/2012)
2012-07-1712REPLY to opposition to motion re 8 MOTION to Expedite and Motion to Hold Defendant in Contempt of Court MOTION to Hold in Contempt filed by ARK INITIATIVE. (Attachments: # 1 Exhibit D, # 2 Exhibit E)(Kenna, Matt) (Entered: 07/17/2012)
2012-07-19MINUTE ORDER (paperless). Before the Court are Plaintiff's 8 Motion to Hold Defendant in Contempt of Court ("Motion for Contempt") and Defendant's 10 Motion to Extend Nunc Pro Tunc ("Motion to Extend"). Upon careful consideration of the parties' submissions, see ECF Nos. [8, 10, 12], Plaintiff's Motion for Contempt is DENIED and Defendant's Motion to Extend is GRANTED. The forest fires in Colorado in late June and early July 2012 and the derecho affecting the Washington metropolitan area in early July 2012, which hindered Defendant's counsel's ability to communicate with the agency personnel responsible for collecting responsive documents and thereby comply with this Court's Minute Order dated May 31, 2012, constitute good cause and excusable neglect for the modest five-day extension requested. See FED. R. CIV. P. 6(b)(1). Plaintiff's Motion for Contempt, which is identified as a motion for civil contempt in Plaintiff's opening papers, see Pl.'s Mot. for Contempt at 3 n.2, is moot because civil contempt is used to compel compliance with a court order, and Defendant has complied with this Court's Minute Order dated May 31, 2012 by producing responsive records. In any event, the Court finds that the circumstances presented do not warrant a contempt sanction. Nonetheless, the Court expects Defendant's counsel to file any motions to extend prior to the expiration of the applicable deadline. Signed by Judge Colleen Kollar-Kotelly on July 19, 2012. (lcckk3) (Entered: 07/19/2012)
2012-07-2613STATUS REPORT (JOINT) by ARK INITIATIVE, UNITED STATES FOREST SERVICE. (Kenna, Matt) (Entered: 07/26/2012)
2012-07-27MINUTE ORDER - Pursuant to the Joint Status Report filed by the parties on July 26, 2012, the parties shall submit another joint status report within 30 days (by August 27, 2012). Signed by Judge Colleen Kollar-Kotelly on July 27, 2012. (SM) (Entered: 07/27/2012)
2012-08-2714STATUS REPORT (SECOND) by ARK INITIATIVE, UNITED STATES FOREST SERVICE. (Kenna, Matt) (Entered: 08/27/2012)
2012-08-29MINUTE ORDER: Pursuant to the Joint Status Report filed by the parties on August 27, 2012, the parties shall submit another joint status report within 30 days (by September 26, 2012). Signed by Judge Colleen Kollar-Kotelly on August 29, 2012. (SM) (Entered: 08/29/2012)
2012-08-29Set/Reset Deadlines: Status Report due by 9/26/2012. (dot ) (Entered: 08/30/2012)
2012-09-2615STATUS REPORT (THIRD) by ARK INITIATIVE, UNITED STATES FOREST SERVICE. (Kenna, Matt) (Entered: 09/26/2012)
2012-10-08MINUTE ORDER (paperless). Pursuant to the Joint Status Report filed by the parties on September 26, 2012, the parties shall submit another Joint Status Report within 30 days (by OCTOBER 26, 2012). Signed by Judge Colleen Kollar-Kotelly on October 8, 2012. (lcckk1) (Entered: 10/08/2012)
2012-10-09Set/Reset Deadlines: Joint Status Report due by 10/26/2012. (dot ) (Entered: 10/09/2012)
2012-10-2516STATUS REPORT (JOINT, FOURTH) by ARK INITIATIVE, UNITED STATES FOREST SERVICE. (Kenna, Matt) (Entered: 10/25/2012)
2012-10-25MINUTE ORDER: Pursuant to the Fourth Joint Status Report filed by the parties on October 25, 2012, the parties shall submit another Joint Status Report within 30 days (by November 26, 2012). Signed by Judge Colleen Kollar-Kotelly on October 25, 2012. (SM) (Entered: 10/25/2012)
2012-11-2617STATUS REPORT (FIFTH) by ARK INITIATIVE, UNITED STATES FOREST SERVICE. (Kenna, Matt) (Entered: 11/26/2012)
2012-11-26MINUTE ORDER. Pursuant to the Fifth Joint Status Report filed by the parties on November 26, 2012, the parties shall submit another Joint Status Report within 45 days (by JANUARY 10, 2013). Signed by Judge Colleen Kollar-Kotelly on November 26, 2012. (lcckk1) (Entered: 11/26/2012)
2012-11-27Set/Reset Deadlines: Joint Status Report due by 1/10/2013 (tcb) (Entered: 11/27/2012)
2013-01-1018STATUS REPORT (SIXTH) by ARK INITIATIVE, UNITED STATES FOREST SERVICE. (Kenna, Matt) (Entered: 01/10/2013)
2013-01-10MINUTE ORDER: Pursuant to the Sixth Joint Status Report filed on January 10, 2013, the parties have indicated that they have settled the merits of the case and request to submit another Joint Status Report within 30 days to allow additional time to attempt to settle Plaintiffs claim for litigation costs, including attorneys fees. Accordingly, the parties shall file another Joint Status Report by no later than February 9, 2013. Signed by Judge Colleen Kollar-Kotelly on January 10, 2013. (SM) (Entered: 01/10/2013)
2013-01-10Set/Reset Deadlines: Joint Status Report due by 2/9/2013. (dot ) (Entered: 01/15/2013)
2013-02-0819STATUS REPORT (SEVENTH) by ARK INITIATIVE, UNITED STATES FOREST SERVICE. (Kenna, Matt) (Entered: 02/08/2013)
2013-02-11MINUTE ORDER: Pursuant to the parties 19 Joint Status Report (Seventh) filed on Feburary 8, 2013, the Court shall grant the parties request to allow additional time of 30 days (until March 11, 2013) to finalize settlement. Accordingly, by or before March 11, 2013, if the case has been resolved, the parties shall file a notice of dismissal; however, if the case has not settled within 30 days, the parties shall file a Joint Status Report on or before March 11, 2013. Signed by Judge Colleen Kollar-Kotelly on February 11, 2013. (SM) (Entered: 02/11/2013)
2013-02-11Set/Reset Deadlines: Joint Status Report due by 3/11/2013 if case is not settled. (dot ) (Entered: 02/11/2013)
2013-02-1420STIPULATION of Dismissal - Joint by UNITED STATES FOREST SERVICE. (McBarnette, Andrea) (Entered: 02/14/2013)
2013-02-15MINUTE ORDER (paperless). By operation of the parties' 20 Stipulation of Settlement and Dismissal, this action is hereby DISMISSED WITH PREJUDICE. Fed. R. Civ. P. 41(a)(1)(A)(ii). The Clerk of the Court shall mark this action as closed. Signed by Judge Colleen Kollar-Kotelly on February 15, 2013. (lcckk1) (Entered: 02/15/2013)
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