Case Detail

FOIA Project Annotation: Judge James Boasberg has ruled that the Bureau of Reclamation properly responded to a FOIA request from AquAlliance for summaries of water transfers that took place in 2020 under the agency and San Luis & Delta-Mendota Water Authority's Long-Term Water Transfer program. The agency referred the request to the Division of Resources Management in Region 10, the only office the agency deemed likely to have such records. However, a search yielded no records. The agency explained that such summaries were not required to be filed and that to the extent that the agency had collected summaries, they would not be available until the following year. With this knowledge in hand, AquAlliance acknowledged that summaries did not exist but argued that the agency should have looked for underlying materials as well. Boasberg sided with the agency. He noted that "this is not a situation in which the Government is playing it cute â€" that is knowing what a requester really wants but acting with willful blindness in following the literal terms of a request. On the contrary, Plaintiff itself points out in briefing that it 'asked for a summary because it did not need every single document which contained the basic information sought.' In other words, AquAlliance really did want summaries." AquAlliance argued that the agency had limited its search to records that had "summary" in their titles. But Boasberg indicated that "but the Bureau explains that it did not 'merely limit its search to "documents that included the word 'summary' in their titles." And while documents may exist that contain some of the sought information, Plaintiff does not describe what those could be and concedes that they are not summaries." Boasberg observed that "finally, to the extent that AquAlliance would like the Bureau to create a summary using the information in its possession, it is well-established that the Government was under no obligation to do so."
Issues: Request - Specificity

Date Filed	Doc #	Docket Text
2021-03-09	1	COMPLAINT against UNITED STATES BUREAU OF RECLAMATION ( Filing fee $ 402 receipt number ADCDC-8291591) filed by AQUALLIANCE. (Attachments: # 1 Civil Cover Sheet, # 2 Summons to Civil Process Clerk, # 3 Summons to Defendant, # 4 Summons to Attorney General)(Kenna, Matt) (Entered: 03/09/2021)
2021-03-09	2	LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by AQUALLIANCE (Kenna, Matt) (Entered: 03/09/2021)
2021-03-09	3	ERRATA Corrected Civil Cover Sheet by AQUALLIANCE. (Kenna, Matt) (Entered: 03/09/2021)
2021-03-10		Case Assigned to Judge James E. Boasberg. (adh, ) (Entered: 03/10/2021)
2021-03-10	4	SUMMONS (3) Issued Electronically as to UNITED STATES BUREAU OF RECLAMATION, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(adh, ) (Entered: 03/10/2021)
2021-03-16	5	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 3/15/2021. Answer due for ALL FEDERAL DEFENDANTS by 4/14/2021. (Attachments: # 1 Return Receipt)(Kenna, Matt) (Main Document 5 replaced on 3/17/2021) (ztth). (Entered: 03/16/2021)
2021-03-16	6	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES BUREAU OF RECLAMATION served on 3/15/2021 (Attachments: # 1 Return Receipt)(Kenna, Matt) (Main Document 6 replaced on 3/17/2021) (ztth). (Entered: 03/16/2021)
2021-03-16	7	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 03/15/2021. (Attachments: # 1 Return Receipt)(Kenna, Matt) (Main Document 7 replaced on 3/17/2021) (ztth). (Entered: 03/16/2021)
2021-04-14	8	NOTICE of Appearance by Diana Viggiano Valdivia on behalf of UNITED STATES BUREAU OF RECLAMATION (Valdivia, Diana) (Entered: 04/14/2021)
2021-04-14	9	NOTICE OF CONSENT TO ASSIGNMENT TO MAGISTRATE JUDGE by UNITED STATES BUREAU OF RECLAMATION (Valdivia, Diana) (Entered: 04/14/2021)
2021-04-14	10	ANSWER to Complaint by UNITED STATES BUREAU OF RECLAMATION.(Valdivia, Diana) (Entered: 04/14/2021)
2021-04-15		MINUTE ORDER: The Court ORDERS that the parties shall confer and submit a joint proposed briefing schedule by April 29, 2021. So ORDERED by Judge James E. Boasberg on 4/15/2021. (lcjeb2) (Entered: 04/15/2021)
2021-04-15		Set/Reset Deadlines: Joint Proposed Briefing Schedule due by 4/29/2021. (nbn) (Entered: 04/15/2021)
2021-04-29	11	PROPOSED BRIEFING SCHEDULE (Joint) by UNITED STATES BUREAU OF RECLAMATION. (Valdivia, Diana) (Entered: 04/29/2021)
2021-04-29		MINUTE ORDER: The Court ADOPTS the parties' 11 Joint Proposed Briefing Schedule and ORDERS that they shall file a joint status report by June 28, 2021. So ORDERED by Judge James E. Boasberg on 4/29/2021.(lcjeb3) (Entered: 04/29/2021)
2021-04-29		Set/Reset Deadlines: Joint Status Report due by 6/28/2021. (nbn) (Entered: 04/29/2021)
2021-06-28	12	Joint STATUS REPORT by AQUALLIANCE. (Kenna, Matt) (Entered: 06/28/2021)
2021-06-28		MINUTE ORDER: The Court ORDERS that Defendant shall file its Motion for Summary Judgment by July 26, 2021, with Plaintiff's Opposition and Cross-Motion due by August 16, 2021, Defendant's Opposition and Reply due by September 16, 2021, and Plaintiff's Reply by September 30, 2021. So ORDERED by Judge James E. Boasberg on 6/28/2021. (lcjeb3) (Entered: 06/28/2021)
2021-06-28		Set/Reset Deadlines: Summary Judgment motions due by 7/26/2021. Response to Motion for Summary Judgment due by 8/16/2021. Cross Motions due by 8/16/2021. Reply to Motion for Summary Judgment due by 9/16/2021. Response to Cross Motions due by 9/16/2021. Reply to Cross Motions due by 9/30/2021. (nbn) (Entered: 06/29/2021)
2021-07-26	13	MOTION for Summary Judgment by UNITED STATES BUREAU OF RECLAMATION. (Attachments: # 1 Memorandum in Support, # 2 Declaration of Christopher S. Miller, # 3 Statement of Facts, # 4 Text of Proposed Order)(Valdivia, Diana) (Entered: 07/26/2021)
2021-08-16	14	MOTION for Summary Judgment , incorporating Statement of Facts and Memorandum in Support by AQUALLIANCE. (Attachments: # 1 Declaration of Barbara Vlamis, # 2 Text of Proposed Order)(Kenna, Matt) (Entered: 08/16/2021)
2021-08-16	15	RESPONSE re 13 MOTION for Summary Judgment filed by AQUALLIANCE. (Attachments: # 1 Declaration of Barbara Vlamis, # 2 Text of Proposed Order)(Kenna, Matt) (Entered: 08/16/2021)
2021-09-15	16	MOTION for Extension of Time to File Response/Reply in further support of Defendant's Motion for Summary Judgment and Opposition to Plaintiff's Cross-Motion by UNITED STATES BUREAU OF RECLAMATION. (Attachments: # 1 Text of Proposed Order)(Valdivia, Diana) (Entered: 09/15/2021)
2021-09-16	17	RESPONSE re 16 MOTION for Extension of Time to File Response/Reply in further support of Defendant's Motion for Summary Judgment and Opposition to Plaintiff's Cross-Motion filed by AQUALLIANCE. (Kenna, Matt) (Entered: 09/16/2021)
2021-09-16	18	NOTICE of Proposed Order by AQUALLIANCE re 16 MOTION for Extension of Time to File Response/Reply in further support of Defendant's Motion for Summary Judgment and Opposition to Plaintiff's Cross-Motion , 17 Response to motion (Kenna, Matt) (Entered: 09/16/2021)
2021-09-16		MINUTE ORDER: Although the Court understands Government counsel's considerable workload, the brief to which the Government must reply contains an argument section of merely five pages. As a result, the Court ORDERS that Defendant's 16 Motion for Extension is GRANTED IN PART and DENIED IN PART, and the Government's brief shall be due on October 12, 2021, with Plaintiff's reply due by October 26, 2021. So ORDERED by Judge James E. Boasberg on 9/16/2021. (lcjeb3) (Entered: 09/16/2021)
2021-09-16		Set/Reset Deadlines: Government Brief due by 10/12/2021. (znbn) (Entered: 09/16/2021)
2021-10-12	19	MOTION for Extension of Time to File Response/Reply by UNITED STATES BUREAU OF RECLAMATION. (Attachments: # 1 Text of Proposed Order)(Valdivia, Diana) (Entered: 10/12/2021)
2021-10-13	20	RESPONSE re 19 MOTION for Extension of Time to File Response/Reply filed by AQUALLIANCE. (Attachments: # 1 Text of Proposed Order)(Kenna, Matt) (Entered: 10/13/2021)
2021-10-13		MINUTE ORDER: If Plaintiff opposes Defendant's 19 Motion for Extension, the Court ORDERS that it shall file such opposition by October 15, 2021. So ORDERED by Judge James E. Boasberg on 10/13/2021. (lcjeb3) (Entered: 10/13/2021)
2021-10-13		Set/Reset Deadlines: Opposition due by 10/15/2021. (znbn) (Entered: 10/13/2021)
2021-10-13		MINUTE ORDER: Given the illness of defense counsel, the Court ORDERS that Defendant's 19 Motion for Extension is GRANTED, and it shall have until November 10, 2021, to file its opposition/reply. Plaintiff shall have until November 24, 2021, to file its reply. So ORDERED by Judge James E. Boasberg on 10/13/2021.(lcjeb3) (Entered: 10/13/2021)
2021-10-13		Set/Reset Deadlines: Defense Opposition/Reply due by 11/10/2021. Plaintiff Reply due by 11/24/2021. (nbn) (Entered: 10/13/2021)
2021-11-10	21	Memorandum in opposition to re 14 MOTION for Summary Judgment , incorporating Statement of Facts and Memorandum in Support filed by UNITED STATES BUREAU OF RECLAMATION. (Attachments: # 1 Statement of Facts Response)(Valdivia, Diana) (Entered: 11/10/2021)
2021-11-10	22	REPLY to opposition to motion re 13 MOTION for Summary Judgment filed by UNITED STATES BUREAU OF RECLAMATION. (Valdivia, Diana) (Entered: 11/10/2021)
2021-11-19	23	REPLY to opposition to motion re 13 MOTION for Summary Judgment , 14 MOTION for Summary Judgment , incorporating Statement of Facts and Memorandum in Support filed by AQUALLIANCE. (Kenna, Matt) (Entered: 11/19/2021)
2021-12-08	24	ORDER: For the reasons set forth in the accompanying Memorandum Opinion, the Court ORDERS that: (1) Defendant's 13 Motion for Summary Judgment is GRANTED; (2) Plaintiff's 14 Motion for Summary Judgment is DENIED; and (3) Judgment is ENTERED in favor of Defendant. Signed by Judge James E. Boasberg on 12/8/2021. (lcjeb3) (Entered: 12/08/2021)
2021-12-08	25	MEMORANDUM OPINION re 24 Order on Motions for summary judgment. Signed by Judge James E. Boasberg on 12/8/2021. (lcjeb3) (Entered: 12/08/2021)
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