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Case TitleCENTER FOR BIOLOGICAL DIVERSITY v. UNITED STATES DEPARTMENT OF STATE
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2018cv00563
Date Filed2018-03-13
Date Closed2020-01-09
JudgeJudge James E. Boasberg
PlaintiffCENTER FOR BIOLOGICAL DIVERSITY
Case DescriptionThe Center for Biological Diversity submitted a FOIA request to the Department of State for records concerning the agency's failure to submit the Climate Action Report by the mandated January 1, 2018 deadline. The agency acknowledged receipt of the request, but after hearing nothing further from the agency, the Center for Biological Diversity filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantUNITED STATES DEPARTMENT OF STATE
DefendantJOHN J. SULLIVAN JOHN J. SULLIVAN, in his official capacity as Acting Secretary of State for the United States Dept. of State
DefendantJOHN J. SULLIVAN JOHN J. SULLIVAN, in his official capacity as Acting Secretary of State for the United States Dept. of State
TERMINATED: 12/07/2018
DefendantMICHAEL R. POMPEO Secretary of State for the United States Dept. of State
DefendantMICHAEL RICHARD POMPEO Secretary of State for the United States Dept. of State
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Opinion/Order [29]
FOIA Project Annotation: Judge James Boasberg has ruled that the Center for Biological Diversity does not at present have standing to sue the Department of State under the Administrative Procedure Act for failing to produce a report mandated by an earlier UN agreement requiring participants such as the United States to report annually on steps taken to stabilize greenhouse-gas concentrations because it has not shown that it expended resources to mitigate potential harm caused by the government's failure to publish the report. The Center for Biological Diversity filed suit against State for its failure to publish the report, but also asserted claims under FOIA for access to records about production of the report. The government claimed that CBD had not shown that if suffered an informational or organizational injury as a result of the agency's failure to publish the report. Noting that the bar to establishing such an injury was relatively slight, Boasberg agreed with the agency that CBD had not shown that it expended organizational resources in an effort to mitigate potential harm. The agency argued that CBD had not shown that the report was required to be made public. Boasberg noted that "there is good reason for such omission. The two counts at issue involve an APA remedy and mandamus relief to redress the Government's 'failure to complete and submit' the reports by the January 1 deadline. That is, Plaintiff seeks to enforce a deadline provision that itself contains no disclosure requirement." He observed that the D.C. Circuit, in Friends of Animals v. Jewell, 828 F.3d 989 (D.C. Cir. 2016), held that an informational injury could not be shown unless there was a requirement for public disclosure of information. As to the organizational injury, Boasberg pointed out that CBD had not shown that it expended any resources to mitigate the damage caused by non-disclosure. He noted that "to the extent Plaintiff appears to discount as necessary any showing on [this] prong, it misunderstands the law, which requires both that the organization's interest be injured, and also that it expend resources to counteract that harm." Boasberg indicated that "CBD does not have a strenuous burden at the motion-to-dismiss stage." Allowing CBD to amend its complaint, he observed that "CBD may well ultimately be able to clear this hurdle. . ."
Issues: Litigation - Jurisdiction - Standing
Opinion/Order [49]
FOIA Project Annotation: Judge James Boasberg has ruled that the Center for Biological Diversity still failed to state a claim for relief in its challenge to the Department of State's failure to publish two reports required under a multilateral agreement to stabilize greenhouse gas emissions. CBD filed suit after the agency failed to publish its 2018 edition of a national communication report and a biennial report. In an earlier decision, Boasberg found CBD had not shown that it had standing to challenge the agency failure but allowed CBD to amend its claim to provide a sufficient basis for standing. This time, Boasberg started by indicating that the government was incorrect in insisting that CBD show both an organizational injury â€" such as expenditure or resources â€" as well as an informational injury. Rejecting the agency's claim that CBD needed to show both to have standing, Boasberg explained that "deprivation of information to which an organization has a statutory right and the loss of which causes harm is â€" as it would be for an individualâ€"sufficient to confer standing. In other words, there is no need for a plaintiff to allege resources expenditure. Were Article III to require more, it is difficult to understand how organizational plaintiffs would have standing for FOIA suits without pleading such an expenditure." CBD argued that its injury could be redressed by requiring the agency to disclose some information even if it was not the reports themselves. But Boasberg pointed out that "the issue is not redressability, but injury." He pointed out that "their Complaint seeks only the two specific reports, so the Court must look to whether Defendant has an obligation to publish those â€" which it does not. That the treaty might require public disclosure of some other information unrelated to its claim in this deadline suit does not establish the requisite injury."
Issues: Litigation - Jurisdiction - Failure to State a Claim
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2018-03-131COMPLAINT against UNITED STATES DEPARTMENT OF STATE ( Filing fee $ 400 receipt number 0090-5370600) filed by CENTER FOR BIOLOGICAL DIVERSITY. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Certificate of Service)(Su, Anchun) (Entered: 03/13/2018)
2018-03-14Case Assigned to Judge James E. Boasberg. (zsb) (Entered: 03/14/2018)
2018-03-142SUMMONS (3) Issued Electronically as to UNITED STATES DEPARTMENT OF STATE, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(zsb) (Entered: 03/14/2018)
2018-03-233NOTICE of Appearance by Howard M. Crystal on behalf of CENTER FOR BIOLOGICAL DIVERSITY (Crystal, Howard) (Entered: 03/23/2018)
2018-03-284LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by CENTER FOR BIOLOGICAL DIVERSITY (Attachments: # 1 Certificate of Service)(Su, Anchun) (Main Document 4 replaced on 3/29/2018) (znmw). (Entered: 03/28/2018)
2018-03-305ENTERED IN ERROR.....REQUEST FOR SUMMONS TO ISSUE as to the United States Attorney for the District of Columbia regarding Complaint 1 by Plaintiff's attorney Anchun Su filed by CENTER FOR BIOLOGICAL DIVERSITY. (Attachments: # 1 Certificate of Service)(Su, Anchun) Modified on 4/2/2018 (znmw). (Entered: 03/30/2018)
2018-04-02NOTICE OF ERROR re 5 Request for Summons to Issue; emailed to jsu@biologicaldiversity.org, cc'd 5 associated attorneys -- The PDF file you docketed contained errors: 1. Incorrect event used, 2. Incorrect document/case, 3. Please refile document, 4. ENTERED IN ERROR; Unclear whether this is a return of service or a request to reissue a summons; Refile as a Summons Returned Executed as to US Attorney (FOIA), if appropriate. (znmw, ) (Entered: 04/02/2018)
2018-04-056REQUEST FOR SUMMONS TO ISSUE as to the United States Attorney for the District of Columbia re 1 Complaint, filed by CENTER FOR BIOLOGICAL DIVERSITY. Related document: 1 Complaint, filed by CENTER FOR BIOLOGICAL DIVERSITY.(Su, Anchun) (Entered: 04/05/2018)
2018-04-097NOTICE of Appearance by Scott Leeson Sroka on behalf of All Defendants (Sroka, Scott) (Entered: 04/09/2018)
2018-04-118AMENDED COMPLAINT against All Defendants filed by CENTER FOR BIOLOGICAL DIVERSITY. (Attachments: # 1 Summons, # 2 Certificate of Service)(Su, Anchun) (Entered: 04/11/2018)
2018-04-139SUMMONS (1) Issued Electronically as to JOHN J. SULLIVAN. (td) (Main Document 9 replaced on 4/13/2018) (ztd). (Entered: 04/13/2018)
2018-05-0210Consent MOTION for Extension of Time to File Answer re 8 Amended Complaint by JOHN J. SULLIVAN, UNITED STATES DEPARTMENT OF STATE (Sroka, Scott) (Entered: 05/02/2018)
2018-05-04MINUTE ORDER GRANTING 10 Motion for Extension of Time to Answer. The Court ORDERS that Defendants shall respond to the Complaint on or before June 1, 2018. So ORDERED by Judge James E. Boasberg on 5/4/2018. (lcjeb3) (Entered: 05/04/2018)
2018-05-04Set/Reset Deadlines: Responses due by 6/1/2018. (znbn) (Entered: 05/07/2018)
2018-05-2111RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. JOHN J. SULLIVAN served on 5/2/2018 (Su, Anchun) (Entered: 05/21/2018)
2018-05-2112RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 03/19/2018. (Attachments: # 1 Exhibit Exhibit AReturn Receipts)(Su, Anchun) (Entered: 05/21/2018)
2018-05-2113RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES DEPARTMENT OF STATE served on 4/23/2018 (Attachments: # 1 Exhibit Exhibit A Return Receipts)(Su, Anchun) (Entered: 05/21/2018)
2018-05-2114RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 4/2/2018. Answer due for ALL FEDERAL DEFENDANTS by 5/2/2018. (Attachments: # 1 Exhibit Exhibit A Return Receipts)(Su, Anchun) (Entered: 05/21/2018)
2018-06-0115Unopposed MOTION for Extension of Time to File Answer re 8 Amended Complaint by JOHN J. SULLIVAN, UNITED STATES DEPARTMENT OF STATE (Sroka, Scott) (Entered: 06/01/2018)
2018-06-01MINUTE ORDER GRANTING 15 Motion for Extension of Time to Answer. The Court ORDERS that Defendants shall respond to the Complaint on or before July 2, 2018. So ORDERED by Judge James E. Boasberg on 6/1/2018. (lcjeb3) (Entered: 06/01/2018)
2018-06-01Set/Reset Deadlines: Responses due by 7/2/2018. (znbn) (Entered: 06/04/2018)
2018-06-1416NOTICE of Appearance by David Scott Gualtieri on behalf of All Defendants (Gualtieri, David) (Entered: 06/14/2018)
2018-06-2217Consent MOTION for Extension of Time to File Answer re 8 Amended Complaint by JOHN J. SULLIVAN, UNITED STATES DEPARTMENT OF STATE (Gualtieri, David) (Entered: 06/22/2018)
2018-06-22MINUTE ORDER GRANTING Consent 17 Motion for Extension of Time to Answer. The Court ORDERS that Defendants shall respond to Claims 1 and 2 of the Complaint on or before August 29, 2018. So ORDERED by Judge James E. Boasberg on 6/22/2018. (lcjeb3) (Entered: 06/22/2018)
2018-06-22Set/Reset Deadlines: Respond by 8/29/2018. (znbn) (Entered: 06/22/2018)
2018-07-0218ANSWER to 8 Amended Complaint by JOHN J. SULLIVAN, UNITED STATES DEPARTMENT OF STATE.(Sroka, Scott) (Entered: 07/02/2018)
2018-07-02MINUTE ORDER: The Court ORDERS that the parties shall meet, confer, and submit a joint proposed briefing schedule by July 16, 2018. So ORDERED by Judge James E. Boasberg on 7/2/2018. (lcjeb3) (Entered: 07/02/2018)
2018-07-02Set/Reset Deadlines: Joint Proposed Briefing Schedule due by 7/16/2018. (znbn) (Entered: 07/03/2018)
2018-07-1619Joint STATUS REPORT On FOIA Claims by CENTER FOR BIOLOGICAL DIVERSITY. (Crystal, Howard) (Entered: 07/16/2018)
2018-07-16MINUTE ORDER: Per the parties' 19 Joint Status Report, the Court ORDERS that the parties shall file a further joint status report on or before September 14, 2018. So ORDERED by Judge James E. Boasberg on 7/16/2018. (lcjeb2) (Entered: 07/16/2018)
2018-07-16Set/Reset Deadlines: Status Report due by 9/14/2018. (znbn) (Entered: 07/17/2018)
2018-08-2920MOTION to Partially Dismiss Amended Complaint by JOHN J. SULLIVAN, UNITED STATES DEPARTMENT OF STATE (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order)(Gualtieri, David) Modified text on 8/29/2018 (ztd). (Entered: 08/29/2018)
2018-09-0521Unopposed MOTION for Extension of Time to File Response/Reply as to 20 MOTION to Dismiss Partial as to First & Second Claims for Relief by CENTER FOR BIOLOGICAL DIVERSITY (Crystal, Howard) (Entered: 09/05/2018)
2018-09-05MINUTE ORDER GRANTING Plaintiff's 21 Motion for Extension of Time to File Response/Reply. The Court ORDERS that Plaintiff shall file its response to Defendants' Partial Motion to Dismiss on or before September 28, 2018. So ORDERED by Judge James E. Boasberg on 9/5/2018. (lcjeb3) (Entered: 09/05/2018)
2018-09-05Set/Reset Deadlines: Responses due by 9/28/2018. (znbn) (Entered: 09/07/2018)
2018-09-1122NOTICE of filing Memorandum in Support of Motion to Partially Dismiss Amended Complaint with corrected hyperlinks by JOHN J. SULLIVAN, UNITED STATES DEPARTMENT OF STATE re 20 MOTION to Dismiss Partial as to First & Second Claims for Relief (Gualtieri, David) (Entered: 09/11/2018)
2018-09-1323Joint STATUS REPORT as to FOIA Claims by JOHN J. SULLIVAN, UNITED STATES DEPARTMENT OF STATE. (Sroka, Scott) (Entered: 09/13/2018)
2018-09-13MINUTE ORDER: Per the parties' 23 Joint Status Report, the Court ORDERS that the parties shall file a further Joint Status Report by November 13, 2018. So ORDERED by Judge James E. Boasberg on 9/13/2018. (lcjeb3) (Entered: 09/13/2018)
2018-09-13Set/Reset Deadlines: Joint Status Report due by 11/13/2018. (znbn) (Entered: 09/14/2018)
2018-09-2524Unopposed MOTION for Extension of Time to File Response/Reply as to 20 MOTION to Dismiss Partial as to First & Second Claims for Relief by CENTER FOR BIOLOGICAL DIVERSITY (Su, Anchun) (Entered: 09/25/2018)
2018-09-25MINUTE ORDER GRANTING Unopposed 24 Motion for Extension of Time to File. The Court ORDERS that Plaintiff shall respond to Defendants' Partial Motion to Dismiss by October 5, 2018. So ORDERED by Judge James E. Boasberg on 9/25/2018. (lcjeb3) (Entered: 09/25/2018)
2018-09-25Set/Reset Deadlines: Responses due by 10/5/2018. (znbn) (Entered: 09/26/2018)
2018-10-0525RESPONSE re 20 MOTION to Dismiss Partial as to First & Second Claims for Relief Plaintiff's Opposition to Defendants' Partial Motion to Dismiss filed by CENTER FOR BIOLOGICAL DIVERSITY. (Attachments: # 1 Text of Proposed Order)(Su, Anchun) (Entered: 10/05/2018)
2018-10-0926Unopposed MOTION for Extension of Time to File Response/Reply as to 20 MOTION to Dismiss Partial as to First & Second Claims for Relief by JOHN J. SULLIVAN, UNITED STATES DEPARTMENT OF STATE (Gualtieri, David) (Entered: 10/09/2018)
2018-10-09MINUTE ORDER GRANTING Unopposed 26 Motion for Extension of Time to File Reply. The Court ORDERS that Defendants shall file their Reply to Plaintiff's Opposition to the Motion to Dismiss by October 23, 2018. So ORDERED by Judge James E. Boasberg on 10/9/2018. (lcjeb3) (Entered: 10/09/2018)
2018-10-09Set/Reset Deadlines: Replies due by 10/23/2018. (znbn) (Entered: 10/10/2018)
2018-10-2327REPLY to opposition to motion re 20 MOTION to Dismiss Partial as to First & Second Claims for Relief filed by JOHN J. SULLIVAN, UNITED STATES DEPARTMENT OF STATE. (Gualtieri, David) (Entered: 10/23/2018)
2018-11-0828ORDER GRANTING 20 Motion to Partially Dismiss Amended Complaint. The Court ORDERS that (1) the First and Second Claims for Relief are DISMISSED WITHOUT PREJUDICE; and (2) if Plaintiff wishes to file an amended complaint, it must do so by December 10, 2018. Signed by Judge James E. Boasberg on 11/8/2019. (lcjeb1) (Entered: 11/08/2018)
2018-11-0829MEMORANDUM OPINION re 28 Order on Motion to Partially Dismiss. Signed by Judge James E. Boasberg on 11/8/2018. (lcjeb1) (Entered: 11/08/2018)
2018-11-08Set/Reset Deadlines: Amended Pleadings due by 12/10/2018. (znbn) (Entered: 11/08/2018)
2018-11-1330Joint STATUS REPORT as to FOIA Claims by JOHN J. SULLIVAN, UNITED STATES DEPARTMENT OF STATE. (Sroka, Scott) (Entered: 11/13/2018)
2018-11-13MINUTE ORDER ADOPTING the parties' 30 Joint Status Report. The Court ORDERS that the parties shall file another joint status report on or before January 14, 2019. So ORDERED by Judge James E. Boasberg on 11/13/2018. (lcjeb3) (Entered: 11/13/2018)
2018-11-13Set/Reset Deadlines: Joint Status Report due by 1/14/2019. (znbn) (Entered: 11/14/2018)
2018-12-0731AMENDED COMPLAINT (Second Amended Complaint) against All Defendants filed by CENTER FOR BIOLOGICAL DIVERSITY.(Su, Anchun) (Entered: 12/07/2018)
2018-12-2132MOTION to Dismiss First and Second Claims for Relief of Second Amended Complaint , MOTION to Dismiss for Lack of Jurisdiction First and Second Claims for Relief of Second Amended Complaint by MICHAEL R. POMPEO, UNITED STATES DEPARTMENT OF STATE (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order)(Gualtieri, David) (Entered: 12/21/2018)
2018-12-2733MOTION for Extension of Time to File Response/Reply as to 32 MOTION to Dismiss First and Second Claims for Relief of Second Amended Complaint MOTION to Dismiss for Lack of Jurisdiction First and Second Claims for Relief of Second Amended Complaint by CENTER FOR BIOLOGICAL DIVERSITY (Su, Anchun) (Entered: 12/27/2018)
2018-12-27MINUTE ORDER GRANTING Plaintiff's 33 Motion for Extension of Time. The Court ORDERS that Plaintiff shall respond to Defendants' Partial Motion to Dismiss by January 18, 2019. So ORDERED by Judge James E. Boasberg on 12/27/2018. (lcjeb2) (Entered: 12/27/2018)
2018-12-27Set/Reset Deadlines: Response to Dispositive Motions due by 1/18/2019. (lsj) (Entered: 12/27/2018)
2019-01-1034MOTION to Stay , MOTION for Extension of Time to in Light of Lapse in Appropriations by MICHAEL R. POMPEO, UNITED STATES DEPARTMENT OF STATE (Attachments: # 1 Text of Proposed Order)(Hudak, Brian) (Entered: 01/10/2019)
2019-01-11MINUTE ORDER GRANTING 34 Motion to Stay and Motion for Extension of Time. The Court ORDERS that: 1) The case is STAYED until appropriations are restored to the Department of Justice and Department of State; 2) All pending deadlines are hereby extended for a period of time equal to the calendar day duration of the lapse in appropriations; and 3) Defendants shall file a status report within 7 calendar days after Congress has appropriated funds for the above noted agencies. So ORDERED by Judge James E. Boasberg on 1/11/2019. (lcjeb3) (Entered: 01/11/2019)
2019-02-0135STATUS REPORT as to FOIA Claims by MICHAEL R. POMPEO, UNITED STATES DEPARTMENT OF STATE. (Sroka, Scott) (Entered: 02/01/2019)
2019-02-01MINUTE ORDER: The Court ADOPTS Defendant's 35 Status Report and ORDERS that the parties shall file a Joint Status Report as to the FOIA claims by April 1, 2019. So ORDERED by Judge James E. Boasberg on 2/1/2019. (lcjeb3) (Entered: 02/01/2019)
2019-02-01Set/Reset Deadlines: Joint Status Report due by 4/1/2019. (znbn) (Entered: 02/01/2019)
2019-02-08MINUTE ORDER: The Court ORDERS that Plaintiff shall file its opposition to Defendants' 32 Motion to Dismiss by February 22, 2019. So ORDERED by Judge James E. Boasberg on 2/8/2019. (lcjeb3) (Entered: 02/08/2019)
2019-02-08Set/Reset Deadlines: Response to Dispositive Motions due by 2/22/2019. (lsj) (Entered: 02/08/2019)
2019-02-2136STRICKEN PURSUANT TO MINUTE ORDER FILED ON 2/21/2019..... MOTION for Partial Summary Judgment Regarding Article III Standing by CENTER FOR BIOLOGICAL DIVERSITY (Attachments: # 1 Memorandum in Support, # 2 Exhibit 1 (Wolf Decl.), # 3 Exhibit 2 (UNFCCC Text), # 4 Exhibit 3 (Senate Hearing Excerpts), # 5 Text of Proposed Order)(Crystal, Howard) Modified on 2/22/2019 (znbn). (Entered: 02/21/2019)
2019-02-2137Memorandum in opposition to re 32 MOTION to Dismiss First and Second Claims for Relief of Second Amended Complaint and in Support of Motion For Partial Summary Judgment as to Article III Standing filed by CENTER FOR BIOLOGICAL DIVERSITY. (Attachments: # 1 Exhibit 1 (Wolf Decl.), # 2 Exhibit 2 (UNFCCC Text), # 3 Exhibit 3 (Senate Hearing Excerpt), # 4 Text of Proposed Order)(Crystal, Howard) (Entered: 02/21/2019)
2019-02-21MINUTE ORDER: The Court ORDERS that Plaintiff's 36 Memorandum is STRICKEN for violating the Court's Local Rule on excessive footnotes. Plaintiff may refile its pleading by February 25, 2019, if it contains no more than 10 footnotes containing no more than 50 aggregate lines of text. So ORDERED by Judge James E. Boasberg on 2/21/2019. (lcjeb3) (Entered: 02/21/2019)
2019-02-21Set/Reset Deadlines: Plaintiff may refile its pleading by 2/25/2019. (znbn) (Entered: 02/22/2019)
2019-02-2238MOTION for Partial Summary Judgment Regarding Article III Standing by CENTER FOR BIOLOGICAL DIVERSITY (Attachments: # 1 Memorandum in Support (of Motion for Partial Summary Judgment and Opposition to Defendants' Partial Motion to Dismiss), # 2 Exhibit 1 (Wolf Declaration), # 3 Exhibit 2 (UNFCCC Text), # 4 Exhibit 3 (Senate Hearing Excerpts), # 5 Text of Proposed Order)(Su, Anchun) (Entered: 02/22/2019)
2019-02-2239Memorandum in opposition to re 32 MOTION to Dismiss First and Second Claims for Relief of Second Amended Complaint and In Support of Motion for Partial Summary Judgment as to Article III Standiing filed by CENTER FOR BIOLOGICAL DIVERSITY. (Attachments: # 1 Exhibit 1 (Wolf Declaration), # 2 Exhibit 2 (UNFCCC Text), # 3 Exhibit 3 (Senate Hearing Excerpts), # 4 Text of Proposed Order)(Su, Anchun) (Entered: 02/22/2019)
2019-02-2840Unopposed MOTION for Extension of Time to File Response/Reply as to 32 MOTION to Dismiss First and Second Claims for Relief of Second Amended Complaint , 38 MOTION for Partial Summary Judgment Regarding Article III Standing by MICHAEL R. POMPEO, UNITED STATES DEPARTMENT OF STATE (Gualtieri, David) (Entered: 02/28/2019)
2019-03-01MINUTE ORDER: The Court ORDERS that Defendant's 40 Motion for Extension of Time to File is GRANTED and that they shall file a combined reply in support of their partial motion to dismiss and opposition to Plaintiff's motion for partial summary judgment by March 22, 2019. So ORDERED by Judge James E. Boasberg on 3/1/2019. (lcjeb3) (Entered: 03/01/2019)
2019-03-01Set/Reset Deadlines: File a combined reply in support of their partial motion to dismiss and opposition to Plaintiff's motion for partial summary judgment by 3/22/2019. (znbn) (Entered: 03/01/2019)
2019-03-2241REPLY to opposition to motion re 32 MOTION to Dismiss First and Second Claims for Relief of Second Amended Complaint , 38 MOTION for Partial Summary Judgment Regarding Article III Standing Combined Reply and Opposition filed by MICHAEL R. POMPEO, UNITED STATES DEPARTMENT OF STATE. (Gualtieri, David) (Entered: 03/22/2019)
2019-03-2242Memorandum in opposition to re 38 MOTION for Partial Summary Judgment Regarding Article III Standing filed by MICHAEL R. POMPEO, UNITED STATES DEPARTMENT OF STATE. (See Docket Entry 41 to view document) (tth) (Entered: 03/25/2019)
2019-03-2743REPLY to opposition to motion re 38 MOTION for Partial Summary Judgment Regarding Article III Standing Plaintiff's Reply In Support of Motion For Partial Summary Judgment filed by CENTER FOR BIOLOGICAL DIVERSITY. (Crystal, Howard) (Entered: 03/27/2019)
2019-04-0144Joint STATUS REPORT as to FOIA Claims by MICHAEL R. POMPEO, UNITED STATES DEPARTMENT OF STATE. (Sroka, Scott) (Entered: 04/01/2019)
2019-04-01MINUTE ORDER: The Court ADOPTS the parties' 44 Joint Status Report and ORDERS that they shall file another joint status report on or before June 3, 2019, setting forth recommendations for further proceedings. So ORDERED by Judge James E. Boasberg on 4/1/2019. (lcjeb3) (Entered: 04/01/2019)
2019-04-01Set/Reset Deadlines: Joint Status Report due by 6/3/2019. (znbn) (Entered: 04/02/2019)
2019-04-3045NOTICE OF SUPPLEMENTAL AUTHORITY by CENTER FOR BIOLOGICAL DIVERSITY (Crystal, Howard) (Entered: 04/30/2019)
2019-05-0746RESPONSE re 45 NOTICE OF SUPPLEMENTAL AUTHORITY filed by MICHAEL R. POMPEO, UNITED STATES DEPARTMENT OF STATE. (Gualtieri, David) (Entered: 05/07/2019)
2019-06-0347Joint STATUS REPORT by MICHAEL R. POMPEO, UNITED STATES DEPARTMENT OF STATE. (Sroka, Scott) (Entered: 06/03/2019)
2019-06-04MINUTE ORDER: The Court ADOPTS the parties' 47 Joint Status Report and ORDERS that they shall file another joint status report on or before August 5, 2019. So ORDERED by Judge James E. Boasberg on 6/4/2019. (lcjeb3) (Entered: 06/04/2019)
2019-06-04Set/Reset Deadlines: Joint Status Report due by 8/5/2019. (znbn) (Entered: 06/05/2019)
2019-06-1248ORDER GRANTING Defendants' 32 Motion to Partially Dismiss the Second Amended Complaint and DENYING Plaintiff's 38 Motion for Partial Summary Judgment. The Court ORDERS that the First and Second Claims for Relief in the Second Amended Complaint are DISMISSED WITHOUT PREJUDICE. Signed by Judge James E. Boasberg on 6/12/2019. (lcjeb1) (Entered: 06/12/2019)
2019-06-1249MEMORANDUM OPINION re 48 Order on Motion to Partially Dismiss and Motion for Partial Summary Judgment. Signed by Judge James E. Boasberg on 6/12/2019. (lcjeb1) (Entered: 06/12/2019)
2019-08-0550Joint STATUS REPORT as to FOIA Claims Only by MICHAEL R. POMPEO, UNITED STATES DEPARTMENT OF STATE. (Sroka, Scott) (Entered: 08/05/2019)
2019-08-06MINUTE ORDER: The Court ADOPTS the parties' 50 Joint Status Report and ORDERS that they shall file another joint status report on or before October 7, 2019. So ORDERED by Judge James E. Boasberg on 8/6/2019. (lcjeb1) (Entered: 08/06/2019)
2019-08-06Set/Reset Deadlines: Joint Status Report due by 10/7/2019. (znbn) (Entered: 08/13/2019)
2019-10-0851Joint STATUS REPORT by CENTER FOR BIOLOGICAL DIVERSITY. (Su, Anchun) (Entered: 10/08/2019)
2019-10-08MINUTE ORDER ADOPTING the parties' 51 Joint Status Report. The Court ORDERS that the parties shall file another joint status report by December 9, 2019. So ORDERED by Judge James E. Boasberg on 10/8/2019. (lcjeb3) (Entered: 10/08/2019)
2019-10-08Set/Reset Deadlines: Joint Status Report due by 12/9/2019. (nbn) (Entered: 10/08/2019)
2019-12-0952Joint STATUS REPORT by MICHAEL RICHARD POMPEO, UNITED STATES DEPARTMENT OF STATE. (Sroka, Scott) (Entered: 12/09/2019)
2019-12-09MINUTE ORDER ADOPTING the parties' 52 Joint Status Report. The Court ORDERS that the parties shall submit a further joint status report by January 9, 2020. So ORDERED by Judge James E. Boasberg on 12/9/2019. (lcjeb3) (Entered: 12/09/2019)
2019-12-09Set/Reset Deadlines: Joint Status Report due by 1/9/2020. (nbn) (Entered: 12/09/2019)
2020-01-0953STIPULATION of Dismissal by CENTER FOR BIOLOGICAL DIVERSITY. (Crystal, Howard) (Entered: 01/09/2020)
2020-01-09MINUTE ORDER: Per the parties' 53 Stipulation, the Court ORDERS that the case is DISMISSED WITH PREJUDICE. So ORDERED by Judge James E. Boasberg on 1/9/2020. (lcjeb3) (Entered: 01/09/2020)
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