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Case TitleMiami Waterkeeper, Inc. v. U.S. Army Corps of Engineers
DistrictSouthern District of Florida
CityMiami
Case Number1:2018cv25360
Date Filed2018-12-21
Date Closed2019-07-31
JudgeJudge Federico A. Moreno
PlaintiffMiami Waterkeeper, Inc.
Case DescriptionMiami Waterkeepers submitted a FOIA request to the U.S. Army Corps of Engineers for records concerning the Port Everglades Project and the completed Port Miami dredging and expansion project. The agency acknowledged receipt of the request, but after hearing nothing further from the agency, Miami Waterkeepers filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Attorney's fees

DefendantU.S. 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
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2018-12-211COMPLAINT against Army Corps Of Engineers, United States. Filing fees $ 400.00. Pay.gov Agency Tracking ID 113C-11260545, payment transferred from : 18-cv-25355, Waterkeeper v. Corps of Engineers, filed by Miami Waterkeeper. (Attachments: # 1 Civil Cover Sheet Civil Cover Sheet, # 2 Summon(s) Summons, # 3 Exhibit Disclosure Statement, # 4 Exhibit Ex A, # 5 Exhibit Ex B, # 6 Exhibit Ex C, # 7 Exhibit Ex D, # 8 Exhibit Ex E, # 9 Exhibit Ex F, # 10 Exhibit Ex G, # 11 Exhibit Ex H)(Kaiman, Catherine) Modified text on 1/15/2019 (jua). (Entered: 12/21/2018)
2018-12-212Clerks Notice of Judge Assignment to Judge Federico A. Moreno. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Lauren F. Louis is available to handle any or all proceedings in this case. If agreed, parties should complete and file the Consent form found on our website. It is not necessary to file a document indicating lack of consent. (pcs) (Entered: 12/21/2018)
2018-12-213Summons Issued as to U.S. Army Corps of Engineers (pcs) (Entered: 12/21/2018)
2018-12-214Clerks Notice to Filer re: Electronic Case. Party(ies) Improperly Formatted. The Filer failed to enter the party name(s) in accordance with the CM/ECF Format for Adding Parties for Attorneys Guide. The correction was made. It is not necessary to re-file the document. (pcs) (Entered: 12/21/2018)
2018-12-215Clerks Notice to Filer re: Electronic Case. Incorrect case opening information. The Filer selected the incorrect Jurisdiction when filing. The correction was made. It is not necessary to re-file this document. (pcs) (Entered: 12/21/2018)
2019-01-146Unopposed MOTION to Stay Action Pending Lapse in Appropriations by U.S. Army Corps of Engineers. Attorney Carlos Javier Raurell added to party U.S. Army Corps of Engineers(pty:dft). Responses due by 1/28/2019 (Raurell, Carlos) (Entered: 01/14/2019)
2019-02-067ORDER denying 6 Defendants' Motion to Stay Action in Light of Lapse of Appropriations. Signed by Judge Federico A. Moreno on 2/5/2019. See attached document for full details. (mmd) (Entered: 02/06/2019)
2019-02-078Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to 1 Complaint,, by U.S. Army Corps of Engineers. (Raurell, Carlos) (Entered: 02/07/2019)
2019-02-119ORDER granting 8 Defendants' Unopposed Motion for Extension of Time to File Response to Complaint. Defendant shall respond to the Plaintiff's Complaint by March 13, 2019. Signed by Judge Federico A. Moreno on 2/11/2019. See attached document for full details. (mmd) (Entered: 02/11/2019)
2019-02-12Set/Reset Answer Due Deadline as per DE 9 : U.S. Army Corps of Engineers response due 3/13/2019. (lk) (Entered: 02/12/2019)
2019-02-2510SUMMONS (Affidavit) Returned Executed on 1 Complaint,, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Miami Waterkeeper, Inc.. U.S. Army Corps of Engineers served on 1/2/2019, answer due 3/13/2019. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Kaiman, Catherine) (Entered: 02/25/2019)
2019-03-1311Defendant's MOTION for Extension of Time to File Response/Reply/Answer as to 1 Complaint,, by U.S. Army Corps of Engineers. (Raurell, Carlos) (Entered: 03/13/2019)
2019-03-1512PAPERLESS ORDER granting 11 Defendants' Motion for One-Week Extension of Time to File Response to the Complaint. Defendant may file a response to the complaint by no later than March 20, 2019. Signed by Judge Federico A. Moreno on 3/15/2019. (mmd) (Entered: 03/15/2019)
2019-03-18Set/Reset Answer Due Deadline as per DE 12 : U.S. Army Corps of Engineers response due 3/20/2019. (lk) (Entered: 03/18/2019)
2019-03-2013Defendant's MOTION to Dismiss for Lack of Jurisdiction 1 Complaint,, AS MOOT by U.S. Army Corps of Engineers. Responses due by 4/3/2019 (Attachments: # 1 Exhibit Declaration of Lacy S. Pfaff, # 2 Appendix Ex A to Pfaff Decl - Plaintiff's FOIA Request, # 3 Appendix Ex B to Pfaff Decl - Army Corps' Response to FOIA Request)(Raurell, Carlos) (Entered: 03/20/2019)
2019-03-2814MOTION for Extension of Time to File Response/Reply/Answer by Miami Waterkeeper, Inc.. (Attachments: # 1 Text of Proposed Order)(Kaiman, Catherine) (Entered: 03/28/2019)
2019-03-2815RESPONSE to Motion re 14 MOTION for Extension of Time to File Response/Reply/Answer filed by U.S. Army Corps of Engineers. Replies due by 4/4/2019. (Raurell, Carlos) (Entered: 03/28/2019)
2019-04-0216PAPERLESS ORDER granting 14 Plaintiff's Unopposed Motion for Extension of Time to File Response to Defendant's Motion to Dismiss. Plaintiff may file a response by no later than May 3, 2019. Signed by Judge Federico A. Moreno on 4/2/2019. (mmd) (Entered: 04/02/2019)
2019-04-02Set/Reset Deadlines/Hearings as per DE 16 to 13 Defendant's MOTION to Dismiss for Lack of Jurisdiction 1 Complaint,, AS MOOT . Responses due by 5/3/2019 (lk) (Entered: 04/03/2019)
2019-04-2917Unopposed MOTION for Extension of Time to File Response/Reply/Answer by Miami Waterkeeper, Inc.. (Attachments: # 1 Text of Proposed Order)(Kaiman, Catherine) (Entered: 04/29/2019)
2019-04-3018PAPERLESS ORDER granting 17 Plaintiff's Second Unopposed Motion for Extension of Time to Respond to Defendant's Motion to Dismiss. Plaintiff may file a response by no later than May 17, 2019. Signed by Judge Federico A. Moreno on 4/30/2019. (mmd) (Entered: 04/30/2019)
2019-04-30Set/Reset Deadlines/Hearings as per DE 18 re 13 Defendant's MOTION to Dismiss for Lack of Jurisdiction 1 Complaint,, AS MOOT . Responses due by 5/17/2019 (lk) (Entered: 05/01/2019)
2019-05-1719First AMENDED COMPLAINT against U.S. Army Corps of Engineers, filed by Miami Waterkeeper, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K)(Kaiman, Catherine) (Entered: 05/17/2019)
2019-05-2820Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to 19 Amended Complaint, by U.S. Army Corps of Engineers. (Raurell, Carlos) (Entered: 05/28/2019)
2019-05-3021ORDER denying as moot 13 Motion to Dismiss for Lack of Jurisdiction. Signed by Judge Federico A. Moreno on 5/28/2019. See attached document for full details. (mmd) (Entered: 05/30/2019)
2019-05-3022PAPERLESS ORDER granting 20 Defendants' Motion for Extension of Time to File Response to Amended Complaint. Defendants may file a response by no later than June 14, 2019. Signed by Judge Federico A. Moreno on 5/30/2019. (mmd) (Entered: 05/30/2019)
2019-06-1223Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to 19 Amended Complaint, by U.S. Army Corps of Engineers. (Raurell, Carlos) (Entered: 06/12/2019)
2019-06-1424PAPERLESS ORDER granting 23 Defendants' Second Motion for Extension of Time to File Response to Amended Complaint. The response to the Amended Complaint is due by no later than June 28, 2019. Signed by Judge Federico A. Moreno on 6/14/2019. (mmd) (Entered: 06/14/2019)
2019-06-14Set/Reset Answer Due Deadline as per DE 24 : U.S. Army Corps of Engineers response due 6/28/2019. (lk) (Entered: 06/17/2019)
2019-06-2525Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to 19 Amended Complaint, by U.S. Army Corps of Engineers. (Raurell, Carlos) (Entered: 06/25/2019)
2019-06-2726PAPERLESS ORDER granting 25 Motion for Extension of Time to File Response to the Amended Complaint. The Defendant may file a response by no later than July 15, 2019. Signed by Judge Federico A. Moreno on 6/27/2019. See attached document for full details. (mmd) (Entered: 06/27/2019)
2019-06-27Set/Reset Answer Due Deadline as per DE 26 : U.S. Army Corps of Engineers response due 7/15/2019. (lk) (Entered: 06/28/2019)
2019-07-1527MOTION to Dismiss for Lack of Jurisdiction 19 Amended Complaint, by U.S. Army Corps of Engineers. Responses due by 7/29/2019 (Raurell, Carlos) (Entered: 07/15/2019)
2019-07-2528RESPONSE to Motion re 27 MOTION to Dismiss for Lack of Jurisdiction 19 Amended Complaint, filed by Miami Waterkeeper, Inc.. Replies due by 8/1/2019. (Attachments: # 1 Text of Proposed Order Proposed Order)(Kaiman, Catherine) (Entered: 07/25/2019)
2019-07-3129ORDER granting 27 Motion to Dismiss and Retaining Jurisdiction to Award Attorney's Fees and Costs. Closing Case. Motions Terminated: 27 MOTION to Dismiss for Lack of Jurisdiction 19 Amended Complaint, filed by U.S. Army Corps of Engineers. Signed by Judge Robert N. Scola, Jr on 7/31/2019. See attached document for full details. (mmd) (Entered: 07/31/2019)
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