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Case TitleCitizens of the Ebey's Reserve for a Healthy, Safe and Peaceful Environment et al v. United States Department of the Navy
DistrictWestern District of Washington
CitySeattle
Case Number2:2019cv01041
Date Filed2019-07-05
Date Closed2020-08-19
JudgeJudge Marsha J. Pechman
PlaintiffCitizens of the Ebey's Reserve for a Healthy Safe and Peaceful Environment
PlaintiffRobert Wilbur
PlaintiffMaryon Attwood
Case DescriptionCitizens of the Ebey Reserve submitted two FOIA requests to the Department of the Navy for records concerning sampling for chemical components of aqueous film-forming foam adjacent to Naval Air Station Whidbey Island. The agency acknowledged receipt of the requests, but after the agency failed to respond, Citizens of the Ebey Reserve filed administrative appeals. The agency told Citizens of the Ebey that it was closing their appeals so that the agency could process and respond to their original requests. After hearing nothing further from the agency, Citizens of the Ebey filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantUnited States Department of the Navy a military department of the United States, an agency of the United States
Documents
Docket
Complaint
Complaint attachment 1
Opinion/Order [13]
Opinion/Order [15]
Opinion/Order [24]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2019-07-051CORPORATE DISCLOSURE STATEMENT indicating no Corporate Parents and/or Affiliates. Filed pursuant to Fed.R.Civ.P 7.1. Filed by Citizens of the Ebey's Reserve (Griefen, Zachary) (Entered: 07/05/2019)
2019-07-082COMPLAINT against defendant(s) United States Department of the Navy Attorney Zachary Knox Griefen added to party Maryon Attwood(pty:pla), Attorney Zachary Knox Griefen added to party Citizens of the Ebey's Reserve(pty:pla), Attorney Zachary Knox Griefen added to party Wilbur Robert(pty:pla), filed by Citizens of the Ebey's Reserve, Maryon Attwood, Wilbur Robert. (Attachments: # 1 Civil Cover Sheet Civil Cover Sheet)(Griefen, Zachary) (Fee Paid, Receipt #0981-5833936) Modified on 7/8/2019 to add Receipt # (KB). (Entered: 07/08/2019)
2019-07-083PRAECIPE TO ISSUE SUMMONS re 2 Complaint,, by Plaintiffs Maryon Attwood, Citizens of the Ebey's Reserve, Wilbur Robert (Griefen, Zachary) (Entered: 07/08/2019)
2019-07-08Judge Marsha J. Pechman added. (SNP) (Entered: 07/08/2019)
2019-07-084NOTICE TO FILER: re 2 Complaint,,. Notice of Filing Deficiency ** Action Required ** See Attached Letter for More Information and Instructions. (SNP) (Entered: 07/08/2019)
2019-07-085NOTICE of Appearance by attorney David A Bricklin on behalf of Plaintiffs Maryon Attwood, Citizens of the Ebey's Reserve for a Healthy, Safe and Peaceful Environment, Robert Wilbur. (Bricklin, David) (Entered: 07/08/2019)
2019-07-096Summons Electronically Issued as to defendant United States Department of the Navy. (PM) (Entered: 07/09/2019)
2019-07-09Attorney Claudia Newman added for Maryon Attwood, Citizens of the Ebey's Reserve for a Healthy, Safe and Peaceful Environment, and Robert Wilbur per 5 Notice of Appearance. (PM) (Entered: 07/09/2019)
2019-07-177AMENDED COMPLAINT against defendant(s) United States Department of the Navy, filed by Citizens of the Ebey's Reserve for a Healthy Safe and Peaceful Environment, Maryon Attwood, Robert Wilbur.(Griefen, Zachary) (Entered: 07/17/2019)
2019-08-068ORDER REGARDING INITIAL DISCLOSURES AND JOINT STATUS REPORT Joint Status Report due by 9/17/2019, FRCP 26f Conference Deadline is 9/3/2019, Initial Disclosure Deadline is 9/10/2019, by Judge Marsha J. Pechman. (RM) (Entered: 08/06/2019)
2019-08-079AMENDED ORDER REGARDING INITIAL DISCLOSURES AND JOINT STATUS REPORT Joint Status Report due by 9/18/2019, FRCP 26f Conference Deadline is 9/4/2019, Initial Disclosure Deadline is 9/11/2019, by Judge Marsha J. Pechman. (RM) (Main Document 9 replaced on 8/7/2019) (PS). (Entered: 08/07/2019)
2019-08-0710NOTICE of Corrected Image/Document re 9 Joint Status Report Order Form for District Judges,. (Service of corrected image is attached). (PS) (Entered: 08/07/2019)
2019-08-1911NOTICE of Appearance by attorney Katie Denise Fairchild on behalf of Defendant United States Department of the Navy. (Fairchild, Katie) (Entered: 08/19/2019)
2019-08-1912Stipulated MOTION for Extension of Responsive Pleading Deadline , filed by Defendant United States Department of the Navy. Noting Date 8/19/2019, (Fairchild, Katie) (Entered: 08/19/2019)
2019-08-2113ORDER granting parties' 12 Stipulated Motion for Extension of Responsive Pleading Deadline. Any responsive pleading deadline is extended until August 30, 2019. Signed by Judge Marsha J. Pechman. (PM) (Entered: 08/21/2019)
2019-08-2814Stipulated MOTION for Extension of Responsive Pleading Deadline , filed by Defendant United States Department of the Navy. Noting Date 8/28/2019, (Fairchild, Katie) (Entered: 08/28/2019)
2019-08-2815ORDER re: parties' 14 Stipulated MOTION for Extension of Responsive Pleading Deadline. Any responsive pleading deadline is extended until 9/20/2019. Signed by Judge Marsha J. Pechman. (PM) (Entered: 08/28/2019)
2019-09-0316SERVICE OF SUMMONS and Complaint returned executed upon defendant United States Department of the Navy on 7/19/2019 (responsive pleading date set by Order of the Court) (Griefen, Zachary) (Entered: 09/03/2019)
2019-09-1817JOINT STATUS REPORT signed by all parties estimated Trial Days: 1. (Griefen, Zachary) (Entered: 09/18/2019)
2019-09-1918ORDER SETTING TRIAL DATE AND RELATED DATES; Length of Trial: *1 DAY* - Bench Trial is set for 10/26/2020 at 09:00 AM in Courtroom 14206 before Judge Marsha J. Pechman. Dispositive motions due by 6/29/2020, Motions in Limine due by 9/21/2020, Pretrial Order due by 10/13/2020, Trial briefs to be submitted by 10/13/2020, Proposed Findings of Fact and Conclusions of Law to be submitted by 10/13/2020, Pretrial Conference set for 10/15/2020 at 02:30 PM in Courtroom 14206 before Judge Marsha J. Pechman. (RM) (Entered: 09/19/2019)
2019-09-2019Stipulated MOTION for Extension of Responsive Pleading Deadline , filed by Defendant United States Department of the Navy. Noting Date 9/20/2019, (Fairchild, Katie) (Entered: 09/20/2019)
2019-09-2020ORDER re: parties' 19 Stipulated Motion for Extension of Responsive Pleading Deadline. Responsive Pleading Deadline extended to 10/11/2019. Signed by Judge Marsha J. Pechman. (PM) (Entered: 09/20/2019)
2019-10-1121ANSWER to 7 Amended Complaint by United States Department of the Navy.(Fairchild, Katie) (Entered: 10/11/2019)
2020-08-1922NOTICE of Appearance by attorney Michelle R. Lambert on behalf of Defendant United States Department of the Navy. (Lambert, Michelle) (Entered: 08/19/2020)
2020-08-1923Stipulated MOTION to Dismiss , filed by Defendant United States Department of the Navy. Noting Date 8/19/2020, (Lambert, Michelle) (Entered: 08/19/2020)
2020-08-1924STIPULATED ORDER OF DISMISSAL: IT IS HEREBY ORDERED that the Parties' 23 Stipulation and Order for Dismissal is GRANTED for the reasons set forth in the Stipulation. This case is dismissed with prejudice. Signed by Judge Marsha J. Pechman. (LH) (Entered: 08/19/2020)
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