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Case TitleArrow Indian Contractors Incorporated v. United States Federal Highway Administration, Central Federal Lands Division
DistrictDistrict of Arizona
CityPhoenix Division
Case Number2:2023cv02085
Date Filed2023-10-05
Date ClosedOpen
JudgeJudge Michael T Liburdi
PlaintiffArrow Indian Contractors Incorporated
Case DescriptionArrow Indian Contractors submitted two FOIA requests to the Federal Highway Administration for records concerning the contract Arrow entered into with FWHA for construction and paving of approximately one mile of road leading to Imperial National Wildlife Refugee within Yuma County, Arizona. The agency acknowledged receipt of the requests but after hearing nothing further from the agency, Arrow Contractors filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantUnited States Federal Highway Administration, Central Federal Lands Division
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
Complaint attachment 7
Complaint attachment 8
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2023-10-051COMPLAINT. Filing fee received: $ 402.00, receipt number AAZDC-22369602 filed by Arrow Indian Contractors Incorporated. (Froderman, Troy) (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7)(MYE) (Entered: 10/05/2023)
2023-10-052SUMMONS Submitted by Arrow Indian Contractors Incorporated. (Froderman, Troy) (MYE) (Entered: 10/05/2023)
2023-10-053Corporate Disclosure Statement by Arrow Indian Contractors Incorporated. (Froderman, Troy) (MYE) (Entered: 10/05/2023)
2023-10-054Filing fee paid, receipt number AAZDC-22369602. This case has been assigned to the Honorable Michael T Liburdi. All future pleadings or documents should bear the correct case number: CV-23-2085-PHX-MTL. Notice of Availability of Magistrate Judge to Exercise Jurisdiction form attached. (MYE) (Entered: 10/05/2023)
2023-10-055Summons Issued as to United States Federal Highway Administration, Central Federal Lands Division. (MYE). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document. (Entered: 10/05/2023)
2023-10-056NOTICE TO FILER OF DEFICIENCY re: [1-1] Civil Cover Sheet filed by Arrow Indian Contractors Incorporated. A section is missing from the provided Civil Cover Sheet. Pursuant to the Electronic Case Filing Administrative Policies and Procedures Manual Section II(B), attorneys are required to submit the automated Civil Cover Sheet when filing a new case. FOLLOW-UP ACTION REQUIRED: Please refile corrected document. Deficiency must be corrected within one business day of this notice. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MYE) (Entered: 10/05/2023)
2023-10-067AMENDED DOCUMENT by Arrow Indian Contractors Incorporated. Amendment to 6 Notice of Deficiency (Text Only),, 1 Complaint, Amended Civil Cover Sheet . (Froderman, Troy) (Entered: 10/06/2023)
2023-10-138SERVICE EXECUTED filed by Arrow Indian Contractors Incorporated: Certificate of Service re: Summons, Complaint, Exhibits 1-7, Corporate Disclosure Statement, Notice of Availability, Civil Cover Sheet upon Federal Highway Administration, Central Federal Lands Highway Division on October 10, 2023. (Froderman, Troy) (Entered: 10/13/2023)
2023-12-279SUMMONS Submitted by Arrow Indian Contractors Incorporated. (Froderman, Troy) (Entered: 12/27/2023)
2023-12-2810Summons Issued as to U.S. Attorney. (BAS) (Entered: 12/28/2023)
2024-01-0311SERVICE EXECUTED filed by Arrow Indian Contractors Incorporated: Certificate of Service re: Summons, Civil Cover Sheet, Complaint, Corporate Disclosure Statement upon Federal Highway Administration, Central Federal Lands Highway Division, c/o U.S. Attorney's Office Gary M. Restaino on 12/28/23. (Froderman, Troy) (Entered: 01/03/2024)
2024-01-1212*SERVICE EXECUTED filed by Arrow Indian Contractors Incorporated: Certificate of Service re: Summons, Civil Cover Sheet, Complaint, Corporate Disclosure Statement upon Federal Highway Administration, Central Federal Lands Highway Division on 12/28/23. (Froderman, Troy) *Modified to correct service date on 1/16/2024 (CSL). (Entered: 01/12/2024)
2024-01-2913ANSWER to 1 Complaint, by United States Federal Highway Administration, Central Federal Lands Division.(Hemann, Lisa) (Entered: 01/29/2024)
2024-02-2214NOTICE of Service of Discovery filed by United States Federal Highway Administration, Central Federal Lands Division. (Hemann, Lisa) (Entered: 02/22/2024)
2024-02-2315ORDER SETTING RULE 16 SCHEDULING CONFERENCE for April 9, 2024 at 2:00 p.m. in Courtroom 504, Sandra Day O'Connor U.S. Federal Courthouse, 401 W. Washington St., Phoenix, Arizona 85003-2151. before Judge Michael T Liburdi. See Order for additional deadlines and details. Signed by Judge Michael T Liburdi on 2/23/2024. (CSL) (Entered: 02/23/2024)
2024-03-1316NOTICE OF ATTORNEY'S CHANGE OF ADDRESS/FIRM NAME by Troy Blinn Froderman. (Froderman, Troy) (Entered: 03/13/2024)
2024-03-2917MOTION to Expedite Case , MOTION to Vacate 15 Order,, Set/Reset Hearings, (Stipulated) by United States Federal Highway Administration, Central Federal Lands Division. (Attachments: # 1 Proposed Order)(Hemann, Lisa) (Entered: 03/29/2024)
2024-03-2918NOTICE of Service of Discovery filed by United States Federal Highway Administration, Central Federal Lands Division. (Hemann, Lisa) (Entered: 03/29/2024)
2024-03-2919ORDER granting the Stipulated Motion (Doc. 17 ). FURTHER ORDERED vacating the Rule 16 Scheduling Conference set for Tuesday, 4/9/24, at 2:00 PM. FINALLY ORDERED that the parties shall confer within 21 days of the date of this Order and file a Stipulation to a briefing schedule for the Defendant's Motion for Summary Judgment. Signed by Judge Michael T. Liburdi on 3/29/24. (NKS) (Entered: 03/29/2024)
2024-04-1720NOTICE of Service of Discovery filed by United States Federal Highway Administration, Central Federal Lands Division. (Hemann, Lisa) (Entered: 04/17/2024)
2024-04-1921STIPULATION re: 19 Order re: Briefing Schedule by United States Federal Highway Administration, Central Federal Lands Division. (Attachments: # 1 Proposed Order)(Hemann, Lisa) (Entered: 04/19/2024)
2024-04-2222ORDER granting the parties' Stipulation Regarding Proposed Briefing Schedule 21 : Defendant shall file its motion for summary judgment no later than June 21, 2024. Plaintiff shall file its response to the motion for summary judgment no later than July 22, 2024. Defendant shall file its reply in support of its motion for summary judgment no later than August 6, 2024. Signed by Judge Michael T. Liburdi on 4/22/2024. (LMR) (Entered: 04/22/2024)
2024-06-1023First MOTION for Extension of Time of the Dispositive Motion Briefing Schedule by United States Federal Highway Administration, Central Federal Lands Division. (Attachments: # 1 Proposed Order)(Hemann, Lisa) (Entered: 06/10/2024)
2024-06-2124MOTION for Attorney Fees by Arrow Indian Contractors Incorporated. (Attachments: # 1 Exhibit Exhibit 1, # 2 Exhibit Exhibit 2, # 3 Exhibit Exhibit 3, # 4 Exhibit Exhibit 4, # 5 Proposed Order Proposed Order)(Froderman, Troy) (Entered: 06/21/2024)
2024-06-2425ORDER that the summary judgment briefing deadlines established in the Court's April 22, 2024, Order 22 are extended by three weeks. Defendant shall file its motion for summary judgment no later than July 12, 2024. Plaintiff shall file its response to the motion for summary judgment no later than August 12, 2024. Defendant shall file its reply to the motion for summary judgment no later than August 27, 2024. FURTHER ORDERED affirming that Plaintiff's response to the Motion to Extend Dispositive Motion Briefing Schedule 23 is due on June 24, 2024. Plaintiff shall state with particularity why it opposes Defendant's request for a 3-month extension. Defendant may file a reply brief no later than July 1. 2024. The Court will then evaluate the Motion to Extend Dispositive Motion Briefing Schedule 23 and issue an order forthwith. Signed by Judge Michael T Liburdi on 6/21/2024. (REK) (Entered: 06/24/2024)
2024-06-2426RESPONSE to Motion re: 23 First MOTION for Extension of Time of the Dispositive Motion Briefing Schedule filed by Arrow Indian Contractors Incorporated. (Attachments: # 1 Exhibit Exhibit 1, # 2 Exhibit Exhibit 2, # 3 Exhibit Exhibit 3, # 4 Exhibit Exhibit 4, # 5 Proposed Order Proposed Order)(Froderman, Troy) (Entered: 06/24/2024)
2024-07-0127REPLY to Response to Motion re: 23 First MOTION for Extension of Time of the Dispositive Motion Briefing Schedule filed by United States Federal Highway Administration, Central Federal Lands Division. (Hemann, Lisa) (Entered: 07/01/2024)
2024-07-0328ORDER granting in part Defendant's Motion to Extend Dispositive Motion Briefing Schedule 23 . Defendant shall file its motion for summary judgment no later than July 26, 2024. Plaintiff shall file its response to the motion for summary judgment no later than August 23, 2024. Defendant shall file its reply to the motion for summary judgment no later than September 9, 2024. Signed by Judge Michael T. Liburdi on 7/2/2024. (LMR) (Entered: 07/03/2024)
2024-07-0529RESPONSE to Motion re: 24 MOTION for Attorney Fees filed by United States Federal Highway Administration, Central Federal Lands Division. (Attachments: # 1 Exhibit)(Hemann, Lisa) (Entered: 07/05/2024)
2024-07-1230REPLY to Response to Motion re: 24 MOTION for Attorney Fees filed by Arrow Indian Contractors Incorporated. (Attachments: # 1 Declaration of Brent Frye, # 2 Exhibit 2, # 3 Proposed Order)(Froderman, Troy) (Entered: 07/12/2024)
2024-07-2631MOTION for Summary Judgment by United States Federal Highway Administration, Central Federal Lands Division. (Hemann, Lisa) (Entered: 07/26/2024)
2024-07-2632STATEMENT OF FACTS re: 31 MOTION for Summary Judgment by Defendant United States Federal Highway Administration, Central Federal Lands Division. (Attachments: # 1 Exhibit, # 2 Exhibit)(Hemann, Lisa) (Entered: 07/26/2024)
2024-08-2333RESPONSE to Motion re: 31 MOTION for Summary Judgment filed by Arrow Indian Contractors Incorporated. (Attachments: # 1 Proposed Order Proposed Order)(Froderman, Troy) (Entered: 08/23/2024)
2024-08-2334STATEMENT OF FACTS re: 33 Response to Motion for Summary Judgment by Plaintiff Arrow Indian Contractors Incorporated. (Attachments: # 1 Exhibit Exhibit 1, # 2 Exhibit Exhibit 2, # 3 Exhibit Exhibit 3, # 4 Exhibit Exhibit 4, # 5 Exhibit Exhibit 5)(Froderman, Troy) (Entered: 08/23/2024)
2024-09-0935REPLY to Response to Motion re: 31 MOTION for Summary Judgment filed by United States Federal Highway Administration, Central Federal Lands Division. (Attachments: # 1 Exhibit Supp'l Decl re Status Update)(Hemann, Lisa) (Entered: 09/09/2024)
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