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Case TitleCenter for Biological Diversity v. United States Fish and Wildlife Service
DistrictEastern District of North Carolina
CityNorthern Division
Case Number2:2019cv00001
Date Filed2019-01-04
Date Closed2020-05-14
JudgeChief Judge Terrence W. Boyle
PlaintiffCenter for Biological Diversity
Case DescriptionThe Center for Biological Diversity submitted a FOIA request to U.S. Fish and Wildlife Service for records concerning the agency's recommendations based on its evaluation of the Red Wolf Recovery Program. The agency ultimately told the Center that it was withholding eight records under Exemption 5 (deliberative process privilege) but did not provide a final determination. After hearing nothing further from the agency, the Center filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Attorney's fees

DefendantUnited States Fish and Wildlife Service
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
Complaint attachment 7
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2019-01-041COMPLAINT against All Defendants ( Filing fee $ 400 receipt number 0417-4777355.), filed by Center for Biological Diversity. (Attachments: # 1 Civil Cover Sheet, # 2 Attachment to civil cover sheet, # 3 Financial disclosure, # 4 Notice of appearance, # 5 Proposed Summons Proposed summons for defendant, # 6 Proposed Summons Proposed summons for U.S. Attorney, # 7 Proposed Summons Proposed summons for U.S. Attorney General) (de Jong, Perrin) (Entered: 01/04/2019)
2019-01-04NOTICE OF DEFICIENCY regarding 1 Complaint - The financial disclosure statement and the Notice of Appearance are both stand alone documents. Counsel needs to refile the financial disclosure statement using the event "Other Documents - Financial Disclosure Statement" and a separate filing using the event "Notices-Notice of Appearance". (Rudd, D.) (Entered: 01/04/2019)
2019-01-042Notice of Appearance filed by Perrin W. de Jong on behalf of Center for Biological Diversity. (de Jong, Perrin) (Entered: 01/04/2019)
2019-01-043Financial Disclosure Statement by Center for Biological Diversity (de Jong, Perrin) (Entered: 01/04/2019)
2019-01-044Summons Issued as to United States Fish and Wildlife Service, U.S. Attorney's Office and the Acting U.S. Attorney General. (*NOTICE: Counsel shall print the attached summons and serve with other case opening documents in accordance with Fed.R.Civ.P. 4.*) (Rudd, D.) (Entered: 01/04/2019)
2019-01-045TEXT ORDER REASSIGNING CASE. At the direction of the Court, this Case is reassigned to Chief Judge Terrence W. Boyle for all further proceedings. District Judge James C. Dever, III is no longer assigned to case All future filings shall reflect the revised case number of 2:19-CV-1-BO. Signed by Peter A. Moore, Jr., Clerk of Court on 1/4/2019. (Moore, P. ) (Entered: 01/04/2019)
2019-01-046Notice of Special Appearance for non-district by Collette L. Adkins on behalf of Center for Biological Diversity. (Adkins, Collette) (Entered: 01/04/2019)
2019-01-257Summons Returned Executed by Certified Mail filed by Center for Biological Diversity as to United States Fish and Wildlife Service served on 1/18/2019. (de Jong, Perrin) (Entered: 01/25/2019)
2019-02-128Notice of Appearance filed by Roberto F. Ramirez on behalf of United States Fish and Wildlife Service. (Ramirez, Roberto) (Entered: 02/12/2019)
2019-02-129MOTION for Extension of Time to File Response/Reply as to 1 Complaint, up to and including March 21, 2019 filed by United States Fish and Wildlife Service. (Attachments: # 1 Text of Proposed Order) (Ramirez, Roberto) Modified on 2/13/2019 to correct event used(Hockaday, A.). (Entered: 02/12/2019)
2019-02-13Motion Referred to Peter A. Moore, Jr., Clerk of Court regarding 9 MOTION for Extension of Time to File Response as to 1 Complaint up to and including March 21, 2019 . (Stouch, L.) (Entered: 02/13/2019)
2019-02-15Motion No Longer Referred to Peter A: 9 MOTION for Extension of Time to File Answer. (Stouch, L.) (Entered: 02/15/2019)
2019-02-22Motion Submitted to Chief Judge Terrence W. Boyle regarding 9 MOTION for Extension of Time to File Answer. (Stouch, L.) (Entered: 02/22/2019)
2019-02-2210ORDER granting 9 Motion for Extension of Time to Answer regarding 1 Complaint. United States Fish and Wildlife Service response due 3/21/2019. Signed by Chief Judge Terrence W. Boyle on 2/22/2019. (Stouch, L.) (Entered: 02/22/2019)
2019-03-2111ANSWER to 1 Complaint by United States Fish and Wildlife Service. (Ramirez, Roberto) (Entered: 03/21/2019)
2019-03-2112ORDER FOR DISCOVERY PLAN sent to all parties. Signed by Peter A. Moore, Jr., Clerk of Court on 3/21/2019. (Stouch, L.) (Entered: 03/21/2019)
2019-05-0313Rule 26(f) Report (joint) filed by Center for Biological Diversity. (de Jong, Perrin) (Entered: 05/03/2019)
2019-05-06Remark - 13 Rule 26(f) Report (joint) referred to US Magistrate Judge Robert B. Jones, Jr. for the entry of a scheduling order. (Stouch, L.) (Entered: 05/06/2019)
2019-05-0614SCHEDULING ORDER : The parties shall file a joint status report, to include a proposed schedule for moving this case forward, by no later than July 25, 2019. Signed by Magistrate Judge Robert B. Jones, Jr on 5/6/2019. Counsel is reminded to read the order in its entirety for important deadlines and information. (Stouch, L.) (Entered: 05/06/2019)
2019-06-1715Notice of Substitution of Counsel filed by Rudy E. Renfer on behalf of United States Fish and Wildlife Service substituting for Roberto Ramirez. (Renfer, Rudy) (Entered: 06/17/2019)
2019-07-1116Declaration of Margaret E. Townsend by Center for Biological Diversity (de Jong, Perrin) (Entered: 07/11/2019)
2019-07-2517STATUS REPORT of the Parties by Center for Biological Diversity (de Jong, Perrin) (Entered: 07/25/2019)
2019-07-26Remark - 17 Status Report submitted to Chief Terrence W. Boyle for review. (Stouch, L.) (Entered: 07/26/2019)
2019-08-0718ORDER regarding 17 Status Report filed by Center for Biological Diversity. The Court construes the request of the parties as a motion to stay the scheduling order currently in place. The motion is ALLOWED and the deadlines imposed by the scheduling order are STAYED. If the parties are unable to resolve this case by October 25, 2019, they may submit a proposed revised scheduling order for the Court's consideration not later than November 8, 2019. Signed by Chief Judge Terrence W. Boyle on 8/6/2019. (Stouch, L.) (Entered: 08/07/2019)
2019-11-0819MOTION for Extension of Time to File a Revised Scheduling Order filed by United States Fish and Wildlife Service. (Attachments: # 1 Text of Proposed Order) (Renfer, Rudy) (Entered: 11/08/2019)
2019-11-15Motion Submitted to Chief Judge Terrence W. Boyle regarding 19 MOTION for Extension of Time to File a Revised Scheduling Order . (Stouch, L.) (Entered: 11/15/2019)
2019-11-1920Notice of Related Case filed by Center for Biological Diversity . (Adkins, Collette) (Entered: 11/19/2019)
2019-11-1921ORDER granting 19 Motion for Extension of Time. The parties shall have up to and including December 9, 2019, to file a revised scheduling order. Signed by Chief Judge Terrence W. Boyle on 11/18/2019. (Stouch, L.) (Entered: 11/19/2019)
2019-12-0922Joint MOTION for Extension of Time to File a Revised Scheduling Order filed by United States Fish and Wildlife Service. (Attachments: # 1 Text of Proposed Order) (Renfer, Rudy) (Entered: 12/09/2019)
2019-12-09Motion Submitted to Chief Judge Terrence W. Boyle regarding 22 Joint MOTION for Extension of Time to File a Revised Scheduling Order . (Stouch, L.) (Entered: 12/09/2019)
2019-12-1123ORDER granting 22 Motion for Extension of Time. The parties shall have up to and including January 31, 2020 to file a revised scheduling order. Signed by Chief Judge Terrence W. Boyle on 12/10/2019. (Stouch, L.) (Entered: 12/11/2019)
2020-01-3124Joint MOTION for Extension of Time to File a Revised Scheduling Order filed by United States Fish and Wildlife Service. (Attachments: # 1 Text of Proposed Order) (Renfer, Rudy) (Entered: 01/31/2020)
2020-02-04Motion Submitted to Chief Judge Terrence W. Boyle regarding 24 Joint MOTION for Extension of Time to File a Revised Scheduling Order . (Stouch, L.) (Entered: 02/04/2020)
2020-02-0625ORDER granting 24 Motion for Extension of Time to File a Revised Scheduling Order. Signed by Chief Judge Terrence W. Boyle on 2/5/2020. (Stouch, L.) (Entered: 02/06/2020)
2020-03-1626MOTION for Extension of Time to File a Revised Scheduling Order filed by United States Fish and Wildlife Service. (Attachments: # 1 Text of Proposed Order) (Renfer, Rudy) (Entered: 03/16/2020)
2020-03-16Motion Submitted to Chief Judge Terrence W. Boyle regarding 26 MOTION for Extension of Time to File a Revised Scheduling Order . (Stouch, L.) (Entered: 03/16/2020)
2020-03-1727ORDER granting 26 Motion for Extension of Time to File a Revised Scheduling Order. Signed by Chief Judge Terrence W. Boyle on 3/16/2020. (Stouch, L.) (Entered: 03/17/2020)
2020-05-1328STIPULATION of Dismissal (Joint) by United States Fish and Wildlife Service (Attachments: # 1 Text of Proposed Order) (Renfer, Rudy) (Entered: 05/13/2020)
2020-05-13Remark - 28 Stipulation of Dismissal submitted to Chief US District Judge Terrence W. Boyle for review. (Stouch, L.) (Entered: 05/13/2020)
2020-05-1429Order Granting Joint Stipulation of Dismissal with Prejudice - Based on the Parties' Joint Stipulation of Dismissal with Prejudice, and for good cause shown, the Joint Stipulation is hereby APPROVED and this matter dismissed with prejudice. Signed by Chief Judge Terrence W. Boyle on 5/13/2020. (Stouch, L.) (Entered: 05/14/2020)
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by FOIA Project Staff
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