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Case TitlePARADISE OCEAN CLUB LLC. v. NATIONAL PARK SERVICE et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2023cv02232
Date Filed2023-08-02
Date ClosedOpen
JudgeJudge Loren L. AliKhan
PlaintiffPARADISE OCEAN CLUB LLC.
Case DescriptionThe Paradise Ocean Club submitted a FOIA request to U.S. National Park Service for records concerning itself that were sent in 2022 to or from either the Superintendent of Fort Monroe National Monument or the Superintendent of Colonial National Park. The agency acknowledged receipt of the request. After hearing nothing further from the agency, POC filed an administrative appeal. The agency acknowledged receipt of the appeal and told POC that the agency could not respond within the stator 20 days. POC then filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Attorney's fees

DefendantNATIONAL PARK SERVICE an agency of the United States Department of the Interior
DefendantUNITED STATES DEPARTMENT OF THE INTERIOR
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

2023-08-021COMPLAINT against All Defendants ( Filing fee $ 402 receipt number ADCDC-10248457) filed by PARADISE OCEAN CLUB LLC. (Attachments: # 1 Civil Cover Sheet, # 2 Summons US Attorney General, # 3 Summons US Attorney Dist. of Columbia, # 4 Summons National Park Service, # 5 Summons US Dept. of the Interior)(Garden, Kevin) (Entered: 08/02/2023)
2023-08-022LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by PARADISE OCEAN CLUB LLC (Garden, Kevin) (Entered: 08/02/2023)
2023-08-03NOTICE OF ERROR re 1 Complaint; emailed to kevin@gardenlawfirm.com, cc'd 0 associated attorneys -- The PDF file you docketed contained errors: 1. Missing/incorrect summonses. Please submit using the event Request for Summons to issue., 2. FOIA Summons' needed. (cb, ) (Entered: 08/03/2023)
2023-08-03Case Assigned to Judge Randolph D. Moss. (zcb) (Entered: 08/03/2023)
2023-08-03NOTICE OF ERROR re 1 Complaint; emailed to kevin@gardenlawfirm.com, cc'd 0 associated attorneys -- The PDF file you docketed contained errors: 1. Noncompliance with LCvR 5.1(c). Please file an errata correcting the initiating pleading to include the name & full residence address of each party using the event Errata. (cb, ) (Entered: 08/03/2023)
2023-08-043STANDING ORDER: The parties are hereby ORDERED to comply with the directives set forth in the attached Standing Order. See document for details. Signed by Judge Randolph D. Moss on 8/4/2023. (lcrdm1) (Entered: 08/04/2023)
2023-08-044ERRATA (to correct Complaint caption to include name and addresses of each party ) by PARADISE OCEAN CLUB LLC.. (Garden, Kevin) (Entered: 08/04/2023)
2023-08-045REQUEST FOR SUMMONS TO ISSUE filed by PARADISE OCEAN CLUB LLC.. (Attachments: # 1 Summons, # 2 Summons, # 3 Summons)(Garden, Kevin) (Entered: 08/04/2023)
2023-08-086SUMMONS (4) Issued Electronically as to NATIONAL PARK SERVICE, UNITED STATES DEPARTMENT OF THE INTERIOR, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(zjm) (Entered: 08/08/2023)
2023-08-307RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 08/23/2023. (Garden, Kevin) (Entered: 08/30/2023)
2023-08-308RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES DEPARTMENT OF THE INTERIOR served on 8/22/2023 (Garden, Kevin) (Entered: 08/30/2023)
2023-08-309RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 8/16/2023. Answer due for ALL FEDERAL DEFENDANTS by 9/15/2023. (Garden, Kevin) (Entered: 08/30/2023)
2023-08-3010RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. NATIONAL PARK SERVICE served on 8/22/2023 (Garden, Kevin) (Entered: 08/30/2023)
2023-09-1511NOTICE of Appearance by Fithawi Berhane on behalf of NATIONAL PARK SERVICE, UNITED STATES DEPARTMENT OF THE INTERIOR (Berhane, Fithawi) (Entered: 09/15/2023)
2023-09-1512Consent MOTION for Extension of Time to Respond to Complaint by NATIONAL PARK SERVICE, UNITED STATES DEPARTMENT OF THE INTERIOR. (Attachments: # 1 Text of Proposed Order)(Berhane, Fithawi) (Entered: 09/15/2023)
2023-09-15MINUTE ORDER: Upon consideration of Defendants' consent motion for extension of time to respond, Dkt. 12 , it is hereby ORDERED that the motion is GRANTED. Defendants shall respond to the complaint on or before October 16, 2023. Signed by Judge Randolph D. Moss on 9/15/2023. (lcrdm1) (Entered: 09/15/2023)
2023-10-0313ANSWER to Complaint by NATIONAL PARK SERVICE, UNITED STATES DEPARTMENT OF THE INTERIOR.(Berhane, Fithawi) (Entered: 10/03/2023)
2023-10-04MINUTE ORDER: It is ORDERED that, on or before October 20, 2023, the parties shall confer and file a joint status report addressing (1) any documents still to be produced pursuant to FOIA; (2) an anticipated schedule for processing and producing any such documents; and (3) any substantive areas of disagreement between the parties. It is FURTHER ORDERED that the parties shall appear by video for an Initial Scheduling Conference on October 27, 2023, at 2:00 p.m., before Judge Randolph D. Moss. Signed by Judge Randolph D. Moss on 10/4/2023. (lcrdm1) (Entered: 10/04/2023)
2023-10-04NOTICE of Hearing: Initial Scheduling Conference RESET for 10/27/2023 at 01:30 PM before Judge Randolph D. Moss via video. (zglw) (Entered: 10/04/2023)
2023-10-2014Joint STATUS REPORT by NATIONAL PARK SERVICE, UNITED STATES DEPARTMENT OF THE INTERIOR. (Berhane, Fithawi) (Entered: 10/20/2023)
2023-10-23MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 14 , the parties are hereby ORDERED to file a further joint status report on or before October 27, 2023. Signed by Judge Randolph D. Moss on 10/23/2023. (lcrdm1) (Entered: 10/23/2023)
2023-10-27Minute Entry for proceedings held before Judge Randolph D. Moss: Scheduling Conference held on 10/27/2023. Joint Status Report due on or before 1/2/2024 and every 60 days after on or before the 1st business day of that month. (Court Reporter Tammi Sefranek) (zglw) (Entered: 10/27/2023)
2023-12-15Case directly reassigned to Judge Loren L. AliKhan. Judge Randolph D. Moss is no longer assigned to the case. (rj) (Entered: 12/15/2023)
2023-12-2815Joint STATUS REPORT by NATIONAL PARK SERVICE, UNITED STATES DEPARTMENT OF THE INTERIOR. (Berhane, Fithawi) (Entered: 12/28/2023)
2024-01-02MINUTE ORDER: Upon consideration of Defendants' Joint Status Report 15 , it is hereby ORDERED that Plaintiff shall file a status report on or before February 16, 2024, stating whether Plaintiff will voluntarily dismiss this case, or whether it intends to challenge any aspect of Defendant's search and/or withholdings. Signed by Judge Loren L. AliKhan on 1/2/2024. (lclla1) (Entered: 01/02/2024)
2024-01-03Set/Reset Deadlines/Hearings: Plaintiff's Status Report due by 2/16/2024. (zcdw) (Entered: 01/03/2024)
2024-02-1616STATUS REPORT by PARADISE OCEAN CLUB LLC.. (Garden, Kevin) (Entered: 02/16/2024)
2024-02-20MINUTE ORDER: Upon consideration of Plaintiff's Status Report 16 , Plaintiff is hereby ORDERED to file a status report or proposed briefing schedule on or before March 1, 2024. Signed by Judge Loren L. AliKhan on 2/20/2024. (lclla1) (Entered: 02/20/2024)
2024-02-20Set/Reset Deadlines/Hearings: Plaintiff's Status Report or Proposed Briefing Schedule due by 3/1/2024. (zcdw) (Entered: 02/20/2024)
2024-03-0117PROPOSED BRIEFING SCHEDULE re Order dated February 20, 2024 by PARADISE OCEAN CLUB LLC.. (Garden, Kevin) (Entered: 03/01/2024)
2024-03-0418STATUS REPORT by NATIONAL PARK SERVICE, UNITED STATES DEPARTMENT OF THE INTERIOR. (Berhane, Fithawi) (Entered: 03/04/2024)
2024-03-04MINUTE ORDER: Upon consideration of Plaintiff's Proposed Briefing Schedule 17 and Defendants' Status Report 18 , it is hereby ORDERED that the parties shall file a joint status report on or before April 3, 2024, updating the court on Defendants' efforts to resolve Plaintiff's objections to its withholdings and, if necessary, proposing a briefing schedule. Signed by Judge Loren L. AliKhan on 3/4/2024. (lclla1) (Entered: 03/04/2024)
2024-03-06Set/Reset Deadlines/Hearings: Joint Status Report due by 4/3/2024. (zcdw) (Entered: 03/06/2024)
2024-04-0319Joint STATUS REPORT by NATIONAL PARK SERVICE, UNITED STATES DEPARTMENT OF THE INTERIOR. (Berhane, Fithawi) (Entered: 04/03/2024)
2024-04-04MINUTE ORDER: Upon consideration of the parties' Joint Status Report 19 , it is hereby ORDERED that the parties shall file a joint status report on or before June 14, 2024, updating the court on Defendants' efforts to provide Plaintiff with responsive records and, if necessary, proposing a briefing schedule. Signed by Judge Loren L. AliKhan on 4/4/2024. (lclla1) (Entered: 04/04/2024)
2024-04-04Set/Reset Deadlines/Hearings: Joint Status Report due by 6/14/2024. (zcdw) (Entered: 04/04/2024)
2024-06-1420Joint STATUS REPORT by PARADISE OCEAN CLUB LLC.. (Garden, Kevin) (Entered: 06/14/2024)
2024-06-14MINUTE ORDER: Upon consideration of the parties' Joint Status Report 20 , it is hereby ORDERED that the parties shall file a joint status report on or before June 28, 2024, advising the court of how the parties would like to proceed. Signed by Judge Loren L. AliKhan on 6/14/2024. (lclla1) (Entered: 06/14/2024)
2024-06-15Set/Reset Deadlines/Hearings: Joint Status Report due by 6/28/2024. (zcdw) (Entered: 06/15/2024)
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by FOIA Project Staff
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