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Case TitleCENTER FOR FOOD SAFETY v. UNITED STATES ARMY CORPS OF ENGINEERS
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2022cv02183
Date Filed2022-07-25
Date Closed2023-03-09
JudgeJudge Colleen Kollar-Kotelly
PlaintiffCENTER FOR FOOD SAFETY
Case DescriptionThe Center for Food Safety submitted a FOIA request to the U.S. Army Corps of Engineers for records concerning the agency's decision to issue Nationwide Permit 56, previously referred to as Nationwide Permit B. The agency acknowledged receipt of the request and told CFS that although it had received responsive documents for processing it could not provide an estimated date of completion for the request. After hearing nothing further from the agency, CFS filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Attorney's fees

DefendantUNITED STATES ARMY CORPS OF ENGINEERS
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2022-07-251COMPLAINT against U.S. ARMY CORPS OF ENGINEERS ( Filing fee $ 402 receipt number ADCDC-9392674) filed by CENTER FOR FOOD SAFETY. (Attachments: # 1 Exhibit A, # 2 Civil Cover Sheet, # 3 Summons, # 4 Summons, # 5 Summons)(Stevenson, Meredith) (Entered: 07/25/2022)
2022-07-252LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by CENTER FOR FOOD SAFETY (Stevenson, Meredith) (Entered: 07/25/2022)
2022-07-25Case Assigned to Judge Colleen Kollar-Kotelly. (zsb) (Entered: 07/25/2022)
2022-07-263SUMMONS (3) Issued Electronically as to UNITED STATES ARMY CORPS OF ENGINEERS, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(znmg) (Entered: 07/26/2022)
2022-08-024ORDER ESTABLISHING PROCEDURES FOR CASES ASSIGNED TO JUDGE COLLEEN KOLLAR-KOTELLY. Signed by Judge Colleen Kollar-Kotelly on 8/2/2022. (DM) (Entered: 08/02/2022)
2022-08-185RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 8/17/2022. ( Answer due for ALL FEDERAL DEFENDANTS by 9/16/2022.), RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES ARMY CORPS OF ENGINEERS served on 8/1/2022, RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 8/1/2022. (Attachments: # 1 Exhibit A)(Stevenson, Meredith) (Entered: 08/18/2022)
2022-09-136NOTICE of Appearance by John Haberland on behalf of UNITED STATES ARMY CORPS OF ENGINEERS (Haberland, John) (Entered: 09/13/2022)
2022-09-137Consent MOTION for Extension of Time to File Answer re 1 Complaint, by UNITED STATES ARMY CORPS OF ENGINEERS. (Attachments: # 1 Text of Proposed Order)(Haberland, John) (Entered: 09/13/2022)
2022-09-14MINUTE ORDER. The Court is in receipt of Defendant's 7 Consent Motion for Extension of Time, in which Defendant requests an extension until October 18, 2022 to answer or otherwise respond to the Complaint to allow additional time to confer with the agency to determine the status of Plaintiff's FOIA request and prepare a response to the Complaint. Plaintiff consents to the requested extension. The Court GRANTS Defendant's 7 motion and ORDERS Defendant to answer or otherwise respond to the Complaint by no later than OCTOBER 18, 2022. Signed by Judge Colleen Kollar-Kotelly on 9/14/22. (lcckk3) (Entered: 09/14/2022)
2022-09-14Set/Reset Deadlines: Defendant to answer or otherwise respond to the Complaint by no later than 10/18/2022. (dot) (Entered: 09/14/2022)
2022-10-178Consent MOTION for Extension of Time to File Answer re 1 Complaint, by UNITED STATES ARMY CORPS OF ENGINEERS. (Attachments: # 1 Text of Proposed Order)(Haberland, John) (Entered: 10/17/2022)
2022-10-18MINUTE ORDER. The Court is in receipt of Defendant's 8 Consent Motion for Extension of Time to File Answer. Defendant indicates that it recently provided documents to Plaintiff and "requests additional time for Plaintiff to review the recently provided [documents] and for the parties to confer," which "will streamline the litigation and conserve the Courts resources." This is Defendant's second motion for extension. The Court notes that, pursuant to ECF No. 4 , all motions for extension of time must be filed at least four business days prior to the first affected deadline; Defendant is in contravention of this requirement. However, in light of Plaintiff's consent to the requested extension and for good cause shown, the Court GRANTS Defendants' 8 Consent Motion and ORDERS Defendants to file an answer by no later than DECEMBER 2, 2022. Signed by Judge Colleen Kollar-Kotelly on 10/18/22. (lcckk3) (Entered: 10/18/2022)
2022-10-18Set/Reset Deadlines: Answer due by 12/2/2022. (dot) (Entered: 10/19/2022)
2022-12-019Consent MOTION for Extension of Time to File Answer re 1 Complaint, by UNITED STATES ARMY CORPS OF ENGINEERS. (Attachments: # 1 Text of Proposed Order)(Haberland, John) (Entered: 12/01/2022)
2022-12-02MINUTE ORDER. The Court is in receipt of Defendant's 9 Consent Motion for Extension of Time to Respond to Plaintiff's Complaint, in which Defendants request additional time as "Plaintiff is continuing to review the Vaughn index and confer with Defendant" and that the parties are "continu[ing] to negotiate." This is Defendant's third motion for an extension of time (not second, which Defendants claim in their 9 Motion). Defendant's Response is currently due on December 2, 2022, making Defendant's 9 Consent Motion in violation of this Court's 4 Standing Order, which states that "[m]otions for extensions of time must be filed at least four (4) business days prior to the first affected deadline." Defendant explains that "[b]ased on a scheduling conflict, Defendant was only recently able to make contact with Plaintiff regarding this matter." However, in light of the parties ongoing discussions, the Court GRANTS Defendant's 9 Consent Motion and ORDERS that Defendant shall respond to Plaintiff's 1 Complaint by no later than JANUARY 6, 2023. Signed by Judge Colleen Kollar-Kotelly on 12/2/22. (lcckk3) (Entered: 12/02/2022)
2022-12-02Set/Reset Deadlines: Defendant shall respond to Plaintiff's 1 Complaint by no later than 1/6/2023. (dot) (Entered: 12/02/2022)
2023-01-0310Consent MOTION for Extension of Time to File Answer re 1 Complaint, by UNITED STATES ARMY CORPS OF ENGINEERS. (Attachments: # 1 Text of Proposed Order)(Haberland, John) (Entered: 01/03/2023)
2023-01-03MINUTE ORDER. The Court is in receipt of Defendant's 10 Consent Motion for Extension of Time to Respond to Plaintiff's Complaint, in which Defendants request additional time as "the only remaining issue between the parties are fees and costs" and they are "discuss[ing] how to best settle this matter without briefing." This is Defendant's fourth motion for an extension of time. In light of the parties considerable progress toward settlement, the Court GRANTS Defendant's 10 Consent Motion and ORDERS that Defendant shall respond to Plaintiff's 1 Complaint by no later than FEBRUARY 16, 2023. Signed by Judge Colleen Kollar-Kotelly on 1/3/23. (lcckk3) (Entered: 01/03/2023)
2023-01-03Set/Reset Deadlines: Defendant shall respond to Plaintiff's 1 Complaint by no later than 2/16/2023. (dot) (Entered: 01/03/2023)
2023-02-1511Consent MOTION for Extension of Time to File Answer re 1 Complaint, by UNITED STATES ARMY CORPS OF ENGINEERS. (Attachments: # 1 Text of Proposed Order)(Haberland, John) (Entered: 02/15/2023)
2023-02-17MINUTE ORDER. The Court is in receipt of the 11 Consent Motion for Extension of Time to Respond to Complaint. Defendant explains that they have "provided documents responsive to Plaintiff's request under the Freedom of Information Act and Plaintiff is satisfied with the release. The parties have made an agreement on attorney's fees and will finalize the documents within the next few days." The parties expect a stipulation of dismissal to be filed shortly. Plaintiff consents to the request. Despite Defendant's Motion being in contravention of Court Order 4 for not being filed at least four days prior to the affected deadline, for good cause shown, the Court GRANTS the 11 Motion and ORDERS Defendant to respond to Plaintiff's complaint by no later than MARCH 16, 2023. Signed by Judge Colleen Kollar-Kotelly on 2/17/23. (lcckk3) (Entered: 02/17/2023)
2023-02-17Set/Reset Deadlines: Defendant to respond to Plaintiff's complaint by no later than 3/16/2023. (dot) (Entered: 02/21/2023)
2023-03-0912STIPULATION of Dismissal by UNITED STATES ARMY CORPS OF ENGINEERS (Haberland, John) Modified on 3/10/2023 to correct event (zjm). (Entered: 03/09/2023)
2023-03-0913ORDER dismissing case with prejudice. The Court also VACATES the Court's February 17, 2023 Minute Order. Signed by Judge Colleen Kollar-Kotelly on 3/9/23. (lcckk3) (Entered: 03/09/2023)
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