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Case TitleTOBIAS v. U.S. DEPARTMENT OF INTERIOR et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2022cv00167
Date Filed2022-01-25
Date Closed2024-03-04
JudgeJudge Beryl A. Howell
PlaintiffJIMMY TOBIAS
Case DescriptionJournalist Jimmy Tobias submitted s FOIA request to the Department of Interior for records concerning the Solicitor's review of a memo mentioned in the email. The agency acknowledged receipt of the request. The agency disclosed 140 pages but withheld 112 pages in full or in part. Tobias filed an administrative appeal but after hearing nothing further from the agency, Tobias filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Attorney's fees

DefendantU.S. DEPARTMENT OF INTERIOR
DefendantU.S. DEPARTMENT OF THE INTERIOR
DefendantU.S. FISH AND WILDLIFE SERVICE
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Opinion/Order [28]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2022-01-251COMPLAINT against U.S. DEPARTMENT OF INTERIOR, U.S. FISH AND WILDLIFE SERVICE ( Filing fee $ 402 receipt number ADCDC-9001154) filed by JIMMY TOBIAS. (Attachments: # 1 Exhibit Ex 1-4, # 2 Civil Cover Sheet, # 3 Summons)(Topic, Matthew) (Entered: 01/25/2022)
2022-01-252NOTICE of Appearance by Matthew Topic on behalf of JIMMY TOBIAS (Topic, Matthew) (Entered: 01/25/2022)
2022-01-26Case Assigned to Chief Judge Beryl A. Howell. (zsb) (Entered: 01/26/2022)
2022-01-273STANDING ORDER. Signed by Chief Judge Beryl A. Howell on January 27, 2022. (lcbah3) (Entered: 01/27/2022)
2022-01-284SUMMONS (4) Issued Electronically as to All Defendants, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(rj) (Entered: 01/28/2022)
2022-02-245RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF INTERIOR served on 2/10/2022 (Topic, Matthew) (Entered: 02/24/2022)
2022-02-246RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. FISH AND WILDLIFE SERVICE served on 2/11/2022 (Topic, Matthew) (Entered: 02/24/2022)
2022-02-247RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 02/10/2022. (Topic, Matthew) (Entered: 02/24/2022)
2022-02-248RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 2/10/2022. Answer due for ALL FEDERAL DEFENDANTS by 3/12/2022. (Topic, Matthew) (Entered: 02/24/2022)
2022-03-149NOTICE of Appearance by Erika Kirstie Oblea on behalf of U.S. DEPARTMENT OF INTERIOR, U.S. FISH AND WILDLIFE SERVICE (Oblea, Erika) (Entered: 03/14/2022)
2022-03-1410ANSWER to Complaint by U.S. DEPARTMENT OF INTERIOR, U.S. FISH AND WILDLIFE SERVICE.(Oblea, Erika) (Entered: 03/14/2022)
2022-04-1111NOTICE of Appearance by Joshua Loevy on behalf of JIMMY TOBIAS (Loevy, Joshua) (Entered: 04/11/2022)
2022-04-11MINUTE ORDER (paperless) DIRECTING plaintiff to SHOW CAUSE, by April 25, 2022, why this case should not be dismissed for failure to prosecute pursuant to Local Civil Rule 83.23. The parties' abbreviated Joint Meet and Confer Report was due on March 28, 2022, fourteen days after defendants' 10 Answer. See 3 Standing Order ¶ 3.b.ii (identifying requirements for FOIA cases). Signed by Chief Judge Beryl A. Howell on April 11, 2022. (lcbah3) (Entered: 04/11/2022)
2022-04-11Set/Reset Deadlines: Response to Show Cause due by 4/25/2022. (ztg) (Entered: 04/11/2022)
2022-04-2212Joint STATUS REPORT by JIMMY TOBIAS. (Loevy, Joshua) (Entered: 04/22/2022)
2022-04-2213RESPONSE TO ORDER TO SHOW CAUSE re Order, filed by JIMMY TOBIAS. (Loevy, Joshua) (Entered: 04/22/2022)
2022-04-25MINUTE ORDER (paperless) DIRECTING, upon consideration of the parties' 12 Joint Status Report, the parties to file, by June 13, 2022, a joint status report advising the Court whether any disputes remain between the parties, and if so, proposing a schedule for further proceedings; DISCHARGING, upon consideration of plaintiff's 13 Response to Order to Show Cause, the Court's April 11, 2022 Minute Order to Show Cause; and ADMONISHING the parties that full compliance with the Court's rules and orders is expected. Signed by Chief Judge Beryl A. Howell on April 25, 2022. (lcbah3) (Entered: 04/25/2022)
2022-04-26Set/Reset Deadlines: Joint Status Report due by 6/13/2022. (ztg) (Entered: 04/26/2022)
2022-06-1314Joint STATUS REPORT by U.S. DEPARTMENT OF INTERIOR, U.S. FISH AND WILDLIFE SERVICE. (Oblea, Erika) (Entered: 06/13/2022)
2022-06-14MINUTE ORDER (paperless) DIRECTING, upon consideration of the parties' 14 Joint Status Report, the parties to file, by September 12, 2022, a joint status report advising the Court whether any disputes remain between the parties, and if so, proposing a schedule for further proceedings. Signed by Chief Judge Beryl A. Howell on June 14, 2022. (lcbah3) (Entered: 06/14/2022)
2022-06-14Set/Reset Deadlines: Joint Status Report due by 9/12/2022. (ztg) (Entered: 06/14/2022)
2022-09-1215Joint STATUS REPORT by U.S. DEPARTMENT OF INTERIOR, U.S. FISH AND WILDLIFE SERVICE. (Oblea, Erika) (Entered: 09/12/2022)
2022-09-13MINUTE ORDER (paperless) DIRECTING, upon consideration of the parties' 15 Joint Status Report, the parties to file, by December 12, 2022, a joint status report advising the Court whether any disputes remain between the parties, and if so, proposing a schedule for further proceedings. Signed by Chief Judge Beryl A. Howell on September 13, 2022. (lcbah3) (Entered: 09/13/2022)
2022-09-14Set/Reset Deadlines: Joint Status Report due by 12/12/2022. (ztg) (Entered: 09/14/2022)
2022-11-2116Joint STATUS REPORT (Amended) by U.S. DEPARTMENT OF INTERIOR, U.S. FISH AND WILDLIFE SERVICE. (Oblea, Erika) (Entered: 11/21/2022)
2022-11-22MINUTE ORDER (paperless) DIRECTING, upon consideration of the parties' 16 Joint Status Report, the parties to file, by February 20, 2023, a joint status report advising the Court whether any disputes remain between the parties, and if so, proposing a schedule for further proceedings. Signed by Chief Judge Beryl A. Howell on November 22, 2022. (lcbah3) (Entered: 11/22/2022)
2022-11-23Set/Reset Deadlines: Joint Status Report due by 2/20/2023. (hmc) (Entered: 11/23/2022)
2023-02-1617Joint STATUS REPORT by U.S. DEPARTMENT OF INTERIOR, U.S. FISH AND WILDLIFE SERVICE. (Attachments: # 1 Text of Proposed Order)(Oblea, Erika) (Entered: 02/16/2023)
2023-02-22MINUTE ORDER (paperless) ISSUING, upon consideration of the parties' 17 Joint Status Report, the following SCHEDULING ORDER: (1) by April 21, 2023, defendants shall file any motion for summary judgment; (2) by June 5, 2023, plaintiff shall file any opposition and cross-motion to defendants' motion; (3) by July 20, 2023, defendants shall file any reply in further support of their motion for summary judgment and opposition to plaintiff's cross-motion; and (4) by August 10, 2023, plaintiff shall file any report in support of plaintiff's cross-motion for summary judgment. Signed by Chief Judge Beryl A. Howell on February 22, 2023. (lcbah3) (Entered: 02/22/2023)
2023-02-23Set/Reset Deadlines: Summary judgment motions due by 4/21/2023; cross-motion and opposition to motion for summary judgment due by 6/5/2023; opposition to cross-motion and reply to opposition to motion for summary judgment due by 7/20/2023; reply to opposition to cross-motion due by 8/10/2023. (ztg) (Entered: 02/23/2023)
2023-04-2118MOTION for Summary Judgment by U.S. DEPARTMENT OF THE INTERIOR, U.S. FISH AND WILDLIFE SERVICE. (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Appendix Index of Declaration Exhibits, # 4 Declaration of Stacey C. Cummins, # 5 Exhibit A, # 6 Exhibit B, # 7 Exhibit C, # 8 Exhibit D, # 9 Exhibit E, # 10 Exhibit F, # 11 Exhibit G, # 12 Text of Proposed Order)(Oblea, Erika) (Entered: 04/21/2023)
2023-06-0519NOTICE of Appearance by Stephen Stich Match on behalf of JIMMY TOBIAS (Match, Stephen) (Entered: 06/05/2023)
2023-06-0520Cross MOTION for Summary Judgment by JIMMY TOBIAS. (Attachments: # 1 Memorandum in Support, # 2 Declaration Tobias Decl, # 3 Statement of Facts, # 4 Statement of Facts Response to SOF, # 5 Text of Proposed Order)(Match, Stephen) (Entered: 06/05/2023)
2023-06-0521Memorandum in opposition to re 18 Motion for Summary Judgment, filed by JIMMY TOBIAS. (Attachments: # 1 Declaration Tobias Decl, # 2 Statement of Facts, # 3 Statement of Facts Response to SOF, # 4 Text of Proposed Order)(Match, Stephen) (Entered: 06/05/2023)
2023-07-1722Unopposed MOTION for Extension of Time to File Response/Reply as to 20 Cross MOTION for Summary Judgment , 18 MOTION for Summary Judgment by U.S. DEPARTMENT OF THE INTERIOR, U.S. FISH AND WILDLIFE SERVICE. (Attachments: # 1 Text of Proposed Order)(Oblea, Erika) (Entered: 07/17/2023)
2023-07-17MINUTE ORDER (paperless) GRANTING defendants' 22 Unopposed Motion for Extension of Time to File Combined Opposition to Plaintiff's Cross-Motion for Summary Judgment and Reply in Support of their Motion for Summary Judgment, and DIRECTING defendants to file their combined opposition by August 10, 2023, with any reply by plaintiff due by September 8, 2023. Signed by Judge Beryl A. Howell on July 17, 2023. (lcbah3) (Entered: 07/17/2023)
2023-07-18Set/Reset Deadlines: Defendants' combined Opposition to Plaintiff's Cross-Motion for Summary Judgment and Reply in Support of their Motion for Summary Judgment due by 8/10/2023; plaintiff's reply due by 9/8/2023. (ztg) (Entered: 07/18/2023)
2023-08-1023REPLY to opposition to motion re 18 MOTION for Summary Judgment filed by U.S. DEPARTMENT OF THE INTERIOR, U.S. FISH AND WILDLIFE SERVICE. (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Appendix Index of Declaration Exhibits, # 4 Declaration (Second) of Stacey C. Cummins, # 5 Exhibit H)(Oblea, Erika) (Entered: 08/10/2023)
2023-08-1024Memorandum in opposition to re 20 Motion for Summary Judgment filed by U.S. DEPARTMENT OF THE INTERIOR, U.S. FISH AND WILDLIFE SERVICE. (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Appendix Index of Declaration Exhibits, # 4 Declaration (Second) of Stacey C. Cummins, # 5 Exhibit H, # 6 Text of Proposed Order)(Oblea, Erika) (Entered: 08/10/2023)
2023-08-2525Consent MOTION for Extension of Time to File Response/Reply by JIMMY TOBIAS. (Match, Stephen) (Entered: 08/25/2023)
2023-08-29MINUTE ORDER (paperless) GRANTING plaintiff's 25 Consent Motion for Extension of Time to File Response/Reply, and DIRECTING plaintiff to file any reply by September 22, 2023. Signed by Judge Beryl A. Howell on August 29, 2023. (lcbah1) (Entered: 08/29/2023)
2023-08-30Set/Reset Deadlines: Plaintiff Reply due by 9/22/2023. (mac) (Entered: 08/30/2023)
2023-09-2226REPLY to opposition to motion re 20 Cross MOTION for Summary Judgment filed by JIMMY TOBIAS. (Match, Stephen) (Entered: 09/22/2023)
2024-03-0127ORDER GRANTING defendants' 18 Motion for Summary Judgment, and DENYING plaintiff's 20 Cross-Motion for Summary Judgment. See Order for further details. The Clerk of the Court is directed to close the case. Signed by Judge Beryl A. Howell on March 1, 2024. (lcbah1) (Entered: 03/01/2024)
2024-03-0128MEMORANDUM OPINION regarding defendants' 18 Motion for Summary Judgment and plaintiff's 20 Cross-Motion for Summary Judgment. Signed by Judge Beryl A. Howell on March 1, 2024. (lcbah1) (Entered: 03/01/2024)
2024-03-04CLERK'S JUDGMENT in favor of Defendants against Plaintiff. Signed by Judge Beryl A. Howell on 03/04/24. (mac) (Entered: 03/04/2024)
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