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Case TitleCENTER FOR BIOLOGICAL DIVERSITY v. U.S. DEPARTMENT OF AGRICULTURE RURAL UTILITIES SERVICE
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2021cv03054
Date Filed2021-11-18
Date Closed2022-07-05
JudgeJudge Colleen Kollar-Kotelly
PlaintiffCENTER FOR BIOLOGICAL DIVERSITY
Case DescriptionThe Center for Biological Diversity submitted two FOIA requests to the Department of Agriculture Rural Utilities Service for records concerning loan contracts between the North Carolina Electric Membership Corporation and the Rural Utilities Service. The agency acknowledged receipt of the request and, although the agency located 365 responsive pages, it only disclosed four pages. CBD filed an administrative appeal and the agency conducted a new search, locating an additional 298 responsive pages which were sent to review for confidentiality claims. After hearing nothing further from the agency, CBD filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Attorney's fees

DefendantU.S. DEPARTMENT OF AGRICULTURE RURAL UTILITIES SERVICE
DefendantARIZONA ELECTRIC POWER COOPERATIVE, INC.
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2021-11-181COMPLAINT against CENTER FOR BIOLOGICAL DIVERSITY ( Filing fee $ 402 receipt number ADCDC-8875021) filed by CENTER FOR BIOLOGICAL DIVERSITY. (Attachments: # 1 Civil Cover Sheet, # 2 Summons Summons to USDA, # 3 Summons Summons to US Atty, # 4 Summons Summons to USAG)(Crystal, Howard) (Entered: 11/18/2021)
2021-11-182LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by CENTER FOR BIOLOGICAL DIVERSITY (Crystal, Howard) (Entered: 11/18/2021)
2021-11-183MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Lauren A. Parker, Filing fee $ 100, receipt number ADCDC-8875193. Fee Status: Fee Paid. by CENTER FOR BIOLOGICAL DIVERSITY. (Attachments: # 1 Declaraton of Lauren Parker, # 2 Text of Proposed Order)(Crystal, Howard) (Entered: 11/18/2021)
2021-11-18Case Assigned to Judge Colleen Kollar-Kotelly. (znmg) (Entered: 11/18/2021)
2021-11-18NOTICE OF ERROR re 3 Motion for Leave to Appear Pro Hac Vice; emailed to hcrystal@biologicaldiversity.org, cc'd 2 associated attorneys -- The PDF file you docketed contained errors: 1. The Declaration is missing an original signature. Please file the signed document (Declaration) using the event Errata., 2. COMPLIANCE DEADLINE is by close of business today. This case will not proceed any further until all errors are satisfied. (znmg, ) (Entered: 11/18/2021)
2021-11-184SUMMONS (3) Issued Electronically as to U.S. DEPARTMENT OF AGRICULTURE RURAL UTILITIES SERVICE, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(znmg) (Entered: 11/18/2021)
2021-11-185ERRATA Corrected Declaration of Lauren A. Parker by CENTER FOR BIOLOGICAL DIVERSITY re 3 MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Lauren A. Parker, Filing fee $ 100, receipt number ADCDC-8875193. Fee Status: Fee Paid. filed by CENTER FOR BIOLOGICAL DIVERSITY. (Crystal, Howard) (Entered: 11/18/2021)
2021-11-19MINUTE ORDER granting 3 Motion for Leave to Appear Pro Hac Vice Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). Click for instructions . Signed by Judge Colleen Kollar-Kotelly on 11/19/21. (lcckk1) (Entered: 11/19/2021)
2021-11-236ORDER ESTABISHING PROCEDURES FOR CASES ASSIGNED TO JUDGE COLLEEN KOLLAR-KOTELLY. Signed by Judge Colleen Kollar-Kotelly on 11/23/2021. (DM) (Entered: 11/23/2021)
2021-12-147AMENDED COMPLAINT against U.S. DEPARTMENT OF AGRICULTURE RURAL UTILITIES SERVICE filed by CENTER FOR BIOLOGICAL DIVERSITY.(Crystal, Howard) (Entered: 12/14/2021)
2021-12-218NOTICE of Appearance by Patricia K. McBride on behalf of All Defendants (McBride, Patricia) (Entered: 12/21/2021)
2021-12-229Unopposed MOTION for Extension of Time to File Answer by U.S. DEPARTMENT OF AGRICULTURE RURAL UTILITIES SERVICE. (McBride, Patricia) (Entered: 12/22/2021)
2021-12-27MINUTE ORDER: Before the Court is Defendant's 9 Unopposed Motion for Enlargement of Time. Defendant seeks a thirty-day extension, to February 3, 2022, to answer Plaintiff's complaint. The 9 Motion states that "[u]ndersigned counsel was recently assigned to this matter... and will be out of the office from December 23, 2021 to January 3, 2022. In order to prepare an appropriate response[,]... [the] undersigned needs additional time to confer with agency counsel." Plaintiff does not oppose the motion, and this is Defendant's first such request. Accordingly, and upon good cause shown, it is hereby ORDERED that Defendant's 9 Unopposed Motion for Enlargement of Time is GRANTED. It is further ORDERED that Defendant shall answer or otherwise respond to Plaintiff's complaint on or before February 3, 2022. Signed by Judge Colleen Kollar-Kotelly on December 27, 2021. (lcckk1) (Entered: 12/27/2021)
2021-12-27Set/Reset Deadlines: Answer due by 2/3/2022. (kt) (Entered: 12/27/2021)
2021-12-2810NOTICE of Appearance by Lauren Parker on behalf of CENTER FOR BIOLOGICAL DIVERSITY (Parker, Lauren) (Entered: 12/28/2021)
2022-02-0111RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 12/1/2021. Answer due for ALL FEDERAL DEFENDANTS by 12/31/2021. (Attachments: # 1 Exhibit USPS Tracking Numbers)(Parker, Lauren) (Entered: 02/01/2022)
2022-02-0112RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 12/1/2022., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF AGRICULTURE RURAL UTILITIES SERVICE served on 11/30/2021. (See Docket Entry 11 to view document). (znmw) (Entered: 02/02/2022)
2022-02-0713Unopposed MOTION for Leave to File by U.S. DEPARTMENT OF AGRICULTURE RURAL UTILITIES SERVICE. (Attachments: # 1 Exhibit Answer)(McBride, Patricia) (Entered: 02/07/2022)
2022-02-07MINUTE ORDER: Before the Court is Defendant's 13 Unopposed Motion for Leave to File Its Answer to Plaintiffs Amended Complaint. On December 27, 2021, the Court order Defendant to answer or otherwise respond to Plaintiff's 1 Complaint on or before February 3, 2022. Counsel for Defendant states that "she inadvertently failed to file the answer prior to its due date" and "sincerely apologies to the Court and Plaintiff for any inconvenience or confusion." Defendant asks for leave to file the attached answer. As Plaintiff consents and Defendant has otherwise acted in good faith, see In re Vitamins Antitrust Class Actions, 327 F.3d 1207 (D.C. Cir. 2003), Defendant's 13 Motion is GRANTED . Defendant's attached answer, ECF No. 13-1, shall be docketed nunc pro tunc to February 3, 2022. Signed by Judge Colleen Kollar-Kotelly on February 7, 2022. (lcckk1) (Entered: 02/07/2022)
2022-02-0714SCHEDULING ORDER. The parties shall file a Joint Status Report as outlined herein. Signed by Judge Colleen Kollar-Kotelly on February 7, 2022. (lcckk1) (Entered: 02/07/2022)
2022-02-07Set/Reset Deadlines: Joint Meet & Confer Statement due by 3/7/2022. (dot) (Entered: 02/08/2022)
2022-02-0715ANSWER to 7 Amended Complaint by U.S. DEPARTMENT OF AGRICULTURE RURAL UTILITIES SERVICE.(znmw) (Entered: 02/08/2022)
2022-02-2516MOTION to Intervene by ARIZONA ELECTRIC POWER COOPERATIVE, INC.. (Attachments: # 1 Exhibit Proposed Answer, # 2 Exhibit Corporate Disclosure Statement, # 3 Exhibit Proposed Order)(Rosenberg, Robert) (Entered: 02/25/2022)
2022-02-28MINUTE ORDER: The Court is in receipt of Arizona Electric Power Cooperative, Inc.'s 16 Motion to Intervene. The Motion indicates that Plaintiff "takes no position on [the] Motion at this time." On or before March 4, 2022, Plaintiff shall file a notice indicating whether it supports or opposes the Motion. Signed by Judge Colleen Kollar-Kotelly on February 28, 2022. (lcckk1) (Entered: 02/28/2022)
2022-03-0417RESPONSE TO ORDER OF THE COURT re Order, filed by CENTER FOR BIOLOGICAL DIVERSITY. (Parker, Lauren) (Entered: 03/04/2022)
2022-03-0718RESPONSE TO ORDER OF THE COURT re 14 Order filed by CENTER FOR BIOLOGICAL DIVERSITY. (Parker, Lauren) (Entered: 03/07/2022)
2022-03-0919REPLY to opposition to motion re 16 MOTION to Intervene filed by ARIZONA ELECTRIC POWER COOPERATIVE, INC.. (Rosenberg, Robert) (Entered: 03/09/2022)
2022-05-0920Joint STATUS REPORT by CENTER FOR BIOLOGICAL DIVERSITY. (Attachments: # 1 Proposed Order)(Parker, Lauren) (Entered: 05/09/2022)
2022-05-16MINUTE ORDER: The Court is in receipt of the parties' 20 Joint Status Report. The parties shall submit another joint status report on or before July 8, 2022, and every sixty days thereafter, until further order of the Court. Signed by Judge Colleen Kollar-Kotelly on May 16, 2022. (lcckk1) (Entered: 05/16/2022)
2022-05-1621ORDER granting 16 Motion to Intervene. See Order for details. Signed by Judge Colleen Kollar-Kotelly on May 16, 2022. (lcckk1) (Entered: 05/16/2022)
2022-05-16Set/Reset Deadlines: Joint Status Report due by 7/8/2022. (dot) (Entered: 05/18/2022)
2022-05-1622ANSWER to 7 Amended Complaint by ARIZONA ELECTRIC POWER COOPERATIVE, INC..(znmw) (Entered: 05/19/2022)
2022-05-1623LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by ARIZONA ELECTRIC POWER COOPERATIVE, INC. (znmw) (Entered: 05/19/2022)
2022-07-0524STIPULATION of Dismissal by CENTER FOR BIOLOGICAL DIVERSITY. (Parker, Lauren) (Entered: 07/05/2022)
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