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Case TitleEarth Island Institute v. United States National Park Service, et al.
DistrictEastern District of California
CityFresno
Case Number1:2022cv01132
Date Filed2022-09-06
Date ClosedOpen
JudgeDistrict Judge Jennifer L. Thurston
PlaintiffEarth Island Institute a non-profit corporation
Case DescriptionThe Earth Island Institute submitted two FOIA requests to the National Park Service for records concerning the Biomass Removal Project. EII also requested a fee waiver and expedited processing. The agency acknowledged receipt of the request, denied EII's request for expedited processing but granted its request for a fee waiver. EII filed an administrative appeal of the agency's denial of its request for expedited processing. The agency denied its appeal for expedited processing. After hearing nothing further from the agency, EII filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Attorney's fees

DefendantUnited States National Park Service an agency of the United States Department of the Interior
DefendantUnited States Department of the Interior
Documents
Docket
Complaint
Opinion/Order [10]
Opinion/Order [12]
Opinion/Order [14]
Opinion/Order [16]
Opinion/Order [18]
Opinion/Order [21]
Opinion/Order [23]
Opinion/Order [43]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2022-09-061COMPLAINT against All Defendants by Earth Island Institute. (Filing fee $ 402, receipt number ACAEDC-10424263) (Buchele, Thomas) (Entered: 09/06/2022)
2022-09-062CIVIL COVER SHEET by Earth Island Institute (Buchele, Thomas) (Entered: 09/06/2022)
2022-09-063CORPORATE DISCLOSURE STATEMENT by Plaintiff Earth Island Institute. (Buchele, Thomas) (Entered: 09/06/2022)
2022-09-064NOTICE of RELATED CASE(S) 1:22-cv-00710-AWI-EPG by Earth Island Institute. (Buchele, Thomas) (Entered: 09/06/2022)
2022-09-075CLERK'S NOTICE to Attorney Thomas C. Buchele re 2 Civil Cover Sheet: Your document is not formatted properly, please flatten your PDF and re- file a properly formatted PDF. For information on how to flatten a pdf, please refer to our website under CM/ECF E-Filing > PDF Information > Page 7. If you need assistance, please contact the CM/ECF help desk at 866-884-5444. (Sant Agata, S) (Entered: 09/07/2022)
2022-09-076SUMMONS ISSUED as to *United States Department of the Interior , United States National Park Service* with answer to complaint due within *30* days. Attorney *Thomas C. Buchele* *Earthrise Law Center* *10101 S Terwilliger Boulevard* *Portland, OR 97219*. (Rivera, O) (Entered: 09/07/2022)
2022-09-077CIVIL NEW CASE DOCUMENTS ISSUED: Initial Scheduling Conference set for 12/22/2022 at 09:30 AM in Courtroom 7 (SKO) before Magistrate Judge Sheila K. Oberto . (Attachments: # 1 Consent Form, # 2 VDRP) (Rivera, O) (Entered: 09/07/2022)
2022-09-078CIVIL COVER SHEET by Earth Island Institute (Buchele, Thomas) (Entered: 09/07/2022)
2022-09-149PRO HAC VICE APPLICATION and PROPOSED ORDER submitted by Earth Island Institute for attorney Bridgett Ann Buss to appear Pro Hac Vice. (Filing fee $ 225, receipt number ACAEDC-10439969) (Buchele, Thomas) (Entered: 09/14/2022)
2022-09-1610ORDER GRANTING 9 Application for Pro Hac Vice signed by Magistrate Judge Sheila K. Oberto on 9/16/2022. Added attorney Bridgett Ann Buss, PHV for Earth Island Institute. The Pro Hac Vice attorney is directed to request electronic filing access through PACER. (Lawrence, A) (Entered: 09/16/2022)
2022-12-0511ANSWER by United States Department of the Interior, United States National Park Service. Attorney Hall, Benjamin E. added.(Hall, Benjamin) (Entered: 12/05/2022)
2022-12-1312ORDER RELATING AND REASSIGNING CASE to 1:22-cv-0710 AWI-EPG, signed by District Judge Anthony W. Ishii on 12/12/2022.(Martin-Gill, S) (Entered: 12/13/2022)
2022-12-1313MOTION Reschedule Scheduling Conference set for December 22, 2022 re 7 Civil New Case Documents for AWI by Earth Island Institute. Motion Hearing set for 12/16/2022 at 10:00 AM in Courtroom 10 (EPG) before Magistrate Judge Erica P. Grosjean. (Attachments: # 1 Proposed Order)(Buss, Bridgett) (Entered: 12/13/2022)
2022-12-1414ORDER signed by Magistrate Judge Erica P. Grosjean on December 14, 2022, as follows: Based on the parties' joint motion (ECF No. 13 ), the Court will GRANT the parties' request. Accordingly, IT IS ORDERED that: 1) The scheduling conference currently set for December 22, 2022, is continued to January 31, 2023, at 11:00 AM before Magistrate Judge Erica P. Grosjean. To participate telephonically, each party is directed to use the following dial-in number and passcode: 1-888-251-2909; passcode 1024453 . The parties shall file a joint status report one full week prior to the conference.(Rooney, M) (Entered: 12/14/2022)
2023-01-2415MOTION Reschedule Scheduling Conference set for January 31, 2023 re 14 Order,,, Set/Reset Deadlines and Hearings,,, Order on Motion for Miscellaneous Relief,, by Earth Island Institute. Motion Hearing set for 1/27/2023 at 10:00 AM in Courtroom 10 (EPG) before Magistrate Judge Erica P. Grosjean. (Attachments: # 1 Proposed Order)(Chevallier, Bridgett) (Entered: 01/24/2023)
2023-01-2416ORDER signed by Magistrate Judge Erica P. Grosjean on January 24, 2023 as follows: Based on the parties' joint motion (ECF No. 15 ), the Court will GRANT the parties' request. Accordingly, IT IS ORDERED that: 1. The scheduling conference currently set for January 31, 2023, is continued to March 22, 2023, at 10:30 AM in Courtroom 10 (EPG) before Magistrate Judge Erica P. Grosjean. To participate telephonically, each party is directed to use the following dial-in number and passcode: 1-888-251-2909; passcode 1024453 . The parties shall file a joint status report one full week prior to the conference. (Rooney, M) (Entered: 01/24/2023)
2023-03-1517MOTION Reschedule Scheduling Conference set for March 22, 2023 re 16 Order,,, Set/Reset Deadlines and Hearings,, by Earth Island Institute. Motion Hearing set for 3/17/2023 at 10:00 AM in Courtroom 10 (EPG) before Magistrate Judge Erica P. Grosjean. (Attachments: # 1 Proposed Order Proposed Order Rescheduling March 22, 2023, Scheduling Conference)(Chevallier, Bridgett) (Entered: 03/15/2023)
2023-03-1618ORDER GRANTING JOINT MOTION TO RESCHEDULE MARCH 22, 2023, SCHEDULING CONFERENCE. Order signed by Magistrate Judge Erica P. Grosjean on 3/16/2023; The scheduling conference currently set for March 22, 2023, is continued to May 2, 2023, at 10:30 AM before Magistrate Judge Erica P. Grosjean. To participate telephonically, each party is directed to use the following dial-in number and passcode: 1-888-251-2909; passcode 1024453. The parties shall file a joint status report one full week prior to the conference. (Kusamura, W) (Entered: 03/16/2023)
2023-04-1119ORDER REASSIGNING CASE signed by Chief Judge Kimberly J. Mueller: Due to the impending inactive retirement of District Judge *Anthony W. Ishii* from the bench of the Eastern District of California, this action is reassigned to *District Judge Jennifer L. Thurston* for all further proceedings. (Flores, E) (Entered: 04/11/2023)
2023-04-2520MOTION Reschedule May 2, 2023 Scheduling Conference re 18 Order,,, Set/Reset Deadlines and Hearings,,, Order on Motion for Miscellaneous Relief,, by Earth Island Institute. Motion Hearing set for 4/28/2023 at 10:00 AM in Courtroom 10 (EPG) before Magistrate Judge Erica P. Grosjean. (Attachments: # 1 Proposed Order)(Buchele, Thomas) (Entered: 04/25/2023)
2023-04-2621ORDER signed by Magistrate Judge Erica P. Grosjean on April 26, 2023, as follows: Based on the parties' joint motion (ECF No. 20 ), the Court will GRANT the parties' request. Accordingly, IT IS ORDERED that: 1. The scheduling conference currently set for May 2, 2023, is continued to June 15, 2023, at 10:30 AM in Courtroom 10 (EPG) before Magistrate Judge Erica P. Grosjean. To participate telephonically, each party is directed to use the following dial-in number and passcode: 1-888-251-2909; passcode 1024453 . The parties shall file a joint status report one full week prior to the conference. (Rooney, M) (Entered: 04/26/2023)
2023-06-0822MOTION Reschedule Scheduling Conference set for June 15, 2023 re 21 Order,,, Set/Reset Deadlines and Hearings,,, Order on Motion for Miscellaneous Relief,, by Earth Island Institute. Motion Hearing set for 6/9/2023 at 10:00 AM in Courtroom 10 (EPG) before Magistrate Judge Erica P. Grosjean. (Attachments: # 1 Proposed Order)(Chevallier, Bridgett) (Entered: 06/08/2023)
2023-06-0923ORDER signed by Magistrate Judge Erica P. Grosjean on June 9, 2023. Based on the parties' joint motion (ECF No. 22 ), the Court will GRANT the parties' request. Accordingly, IT IS ORDERED that: 1. The scheduling conference currently set for June 15, 2023, is reset to August 9, 2023, at 10:00 a.m., in Courtroom 10 (EPG) before Magistrate Judge Erica P. Grosjean. To participate telephonically, each party is directed to use the following dial-in number and passcode: 1-888-251-2909; passcode 1024453 . The parties shall file a joint status report one full week prior to the conference.(Rooney, M) (Entered: 06/09/2023)
2023-08-0224MOTION Reschedule August 9, 2023 Scheduling Conference re 23 Order,,, Set/Reset Deadlines and Hearings,,, Order on Motion for Miscellaneous Relief,, by Earth Island Institute. Motion Hearing set for 8/4/2023 at 10:00 AM in Courtroom 10 (EPG) before Magistrate Judge Erica P. Grosjean. (Attachments: # 1 Proposed Order)(Buchele, Thomas) (Entered: 08/02/2023)
2023-08-0325MINUTE ORDER signed by Magistrate Judge Erica P. Grosjean on August 3, 2023: Based on the parties' joint motion (ECF No. 24 ), IT IS ORDERED that the scheduling conference currently set for August 9, 2023, is reset to September 27, 2023, at 10:00 a.m. in Courtroom 10 (EPG) before Magistrate Judge Erica P. Grosjean. To participate telephonically, each party is to use the following dial-in number and passcode: Dial-in number 1-888-251-2909; Passcode 1024453 . (Text Only Entry) (Rooney, M) (Entered: 08/03/2023)
2023-09-2026MOTION Joint Motion to Reschedule September 27, 2023 Scheduling Conference re 25 Minute Order,,, Set/Reset Deadlines and Hearings,,, Order on Motion for Miscellaneous Relief,, by Earth Island Institute. Motion Hearing set for 9/22/2023 at 10:00 AM in Courtroom 10 (EPG) before Magistrate Judge Erica P. Grosjean. (Attachments: # 1 Proposed Order)(Buchele, Thomas) (Entered: 09/20/2023)
2023-09-2227MINUTE ORDER signed by Magistrate Judge Erica P. Grosjean on September 22, 2023: Based on the parties' joint motion (ECF No. 26 ), IT IS ORDERED that: 1. The parties' request (ECF No. 26 ) is GRANTED; and 2. The scheduling conference currently set for September 27, 2023, is CONTINUED to November 13, 2023, at 10:30 a.m. The parties shall file a joint scheduling report one week prior. To participate telephonically, each party is to use the following dial-in number and passcode: Dial-in number 1-888-251-2909; Passcode 102445 . (Text Only Entry) (Rooney, M) (Entered: 09/22/2023)
2023-11-0628STIPULATION and PROPOSED ORDER for Continuance of November 13, 2023 Scheduling Conference re 27 Minute Order,,, Set/Reset Deadlines and Hearings,,, Order on Motion for Miscellaneous Relief,, by Earth Island Institute. (Buchele, Thomas) (Entered: 11/06/2023)
2023-11-0729MINUTE ORDER signed by Magistrate Judge Erica P. Grosjean on November 7, 2023: On November 6, 2023, the parties filed a stipulation indicating that the parties have tentatively resolved the merits of this matter. (ECF No. 28 ). Accordingly, the Court will VACATE the initial scheduling conference currently set for November 13, 2023, to be reset if necessary. Further, IT IS ORDERED that the parties shall file a joint report regarding the status of this case by no later than January 15, 2023. Alternatively, the parties may file appropriate dispositional documents. (Text Only Entry)(Rooney, M) (Entered: 11/07/2023)
2024-01-1630JOINT STATUS REPORT by Earth Island Institute. (Buchele, Thomas) (Entered: 01/16/2024)
2024-01-1731MINUTE ORDER signed by Magistrate Judge Erica P. Grosjean on January 17, 2024: Based on the parties' joint report (ECF No. 30 ), IT IS ORDERED that the parties shall file a joint report regarding the status of this case by no later than March 4, 2024. Alternatively, the parties may file appropriate dispositional documents. (Text Only Entry)(Rooney, M) (Entered: 01/17/2024)
2024-03-0432JOINT STATUS REPORT by Earth Island Institute. (Chevallier, Bridgett) (Entered: 03/04/2024)
2024-03-0633MINUTE ORDER signed by Magistrate Judge Erica P. Grosjean on 3/6/2024: Based on the parties' joint report indicating that additional time is needed for Defendants to review Plaintiff's demand regarding attorney fees and costs (ECF No. 32 ), IT IS ORDERED that the parties shall file a further joint status report within 45 days of this order. (Text Only Entry)(Rooney, M) (Entered: 03/06/2024)
2024-04-1834JOINT STATUS REPORT by United States Department of the Interior, United States National Park Service. (Hall, Benjamin) (Entered: 04/18/2024)
2024-04-2235MINUTE ORDER signed by Magistrate Judge Erica P. Grosjean on April 22, 2024: On April 18, 2024, the parties' submitted a status report stating that "Defendants require additional time to obtain necessary approvals for settlement of the fee demand." (ECF No. 34 at 1). The parties request that the Court set June 18, 2024, as the deadline for a further joint status report. (Id.) Based on the parties' report, IT IS ORDERED that the parties shall either file a notice of settlement or further joint status report by no later than June 18, 2024. (Text Only Entry)(Rooney, M) (Entered: 04/22/2024)
2024-06-1836NOTICE of SETTLEMENT by United States Department of the Interior, United States National Park Service. Dispositional Docs due by 8/23/2024. (Hall, Benjamin) (Entered: 06/18/2024)
2024-06-2037MINUTE ORDER signed by Magistrate Judge Erica P. Grosjean on 6/20/2024: As a notice of settlement has been filed (ECF No. 36 ), the Court VACATES any and all deadlines and hearings currently pending before the Court. Further, based on the parties' request, ( id. at 2), IT IS ORDERED that the parties shall file the appropriate dispositional document by no later than August 23, 2024. (Text Only Entry) (Navarro, F) (Entered: 06/20/2024)
2024-08-2238STIPULATION and PROPOSED ORDER for Extension of Time to File Dispositional Document by United States Department of the Interior, United States National Park Service. (Hall, Benjamin) (Entered: 08/22/2024)
2024-08-2339MINUTE ORDER (Text Only Entry) signed by Magistrate Judge Erica P. Grosjean on August 23, 2024: Based on the parties' joint stipulation (ECF No. 38 ), the deadline to file dispositional documents (ECF No. 37 ) is extended to August 30, 2024. (Text Only Entry) (Navarro, F) (Entered: 08/23/2024)
2024-08-2940STIPULATION and PROPOSED ORDER for Further Extension of Time to File Dispositional Documents by United States Department of the Interior, United States National Park Service. (Hall, Benjamin) (Entered: 08/29/2024)
2024-08-3041MINUTE ORDER signed by Magistrate Judge Erica P. Grosjean on August 30, 2024: Based on the parties' joint stipulation for a further extension of time (ECF No. 40 ), which indicates that all other issues are resolved and that the parties do not anticipate any further extensions, the deadline for filing dispositive documents is extended to October 11, 2024. (Text Only Entry) (Navarro, F) (Entered: 08/30/2024)
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