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Case TitleEcological Rights Foundation v. United States Army Corps of Engineers et al
DistrictNorthern District of California
CitySan Francisco
Case Number3:2023cv05309
Date Filed2023-10-17
Date ClosedOpen
JudgeJudge Maxine M. Chesney
PlaintiffEcological Rights Foundation
Case DescriptionEcological Rights Foundation submitted FOIA requests to U.S. Army Corps of Engineers and National Marine Fisheries Service for records concerning correspondence between the Corps and NMFS concerning Daguerre Point Dam, the Brophy Diversion, and the Cordua Diversion of the Yuba River. The agency acknowledged receipt of the requests but after hearing nothing further from the agencies, Ecological Rights foundation filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Attorney's fees

DefendantUnited States Army Corps of Engineers
DefendantNational Marine Fisheries Service
Documents
Docket
Complaint
Complaint attachment 1
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2023-10-171COMPLAINT against All Defendants ( Filing fee $ 402, receipt number ACANDC-18746806.). Filed byEcological Rights Foundation. (Attachments: # 1 Civil Cover Sheet)(Sproul, Christopher) (Filed on 10/17/2023) (Entered: 10/17/2023)
2023-10-172Certificate of Interested Entities by Ecological Rights Foundation (Sproul, Christopher) (Filed on 10/17/2023) (Entered: 10/17/2023)
2023-10-173Case assigned to Judge Maxine M. Chesney. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening. Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. (kmg, COURT STAFF) (Filed on 10/17/2023) (Entered: 10/17/2023)
2023-10-184Proposed Summons. (Sproul, Christopher) (Filed on 10/18/2023) (Entered: 10/18/2023)
2023-10-185Summons Issued as to National Marine Fisheries Service, United States Army Corps of Engineers. (mcl, COURT STAFF) (Filed on 10/18/2023) (Entered: 10/18/2023)
2023-10-186Initial Case Management Scheduling Order with ADR Deadlines: Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras. Case Management Statement due by 1/12/2024. Initial Case Management Conference set for 1/19/2024 10:30 AM. (Attachments: # 1 Notice of Eligibility for Video Recording)(mcl, COURT STAFF) (Filed on 10/18/2023) (Entered: 10/18/2023)
2023-11-017ORDER DIRECTING PLAINTIFF TO SUBMIT COURTESY COPY IN COMPLIANCE WITH COURT'S STANDING ORDERS. Signed by Judge Maxine M. Chesney on November 1, 2023. (mmclc2, COURT STAFF) (Filed on 11/1/2023) (Entered: 11/01/2023)
2023-11-248STIPULATION to Extend Time Within Which to Answer or Respond filed by National Marine Fisheries Service, United States Army Corps of Engineers. (Zack, Adrienne) (Filed on 11/24/2023) (Entered: 11/24/2023)
2023-12-129CLERK'S NOTICE CONVERTING THE JANUARY 19, 2024 AT 10:30 AM - INITIAL CASE MANAGEMENT CONFERENCE - TO A ZOOM WEBINAR. Initial Case Management Conference set for 1/19/2024 at 10:30 AM in San Francisco, - Videoconference Only. This proceeding will be held via a Zoom webinar. Webinar Access: All counsel, members of the public, and media may access the webinar information at https://www.cand.uscourts.gov/mmc General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited. Zoom Guidance and Setup: https://www.cand.uscourts.gov/zoom/ . Initial Case Management Conference set for 1/19/2024 at 10:30 AM in San Francisco, - Videoconference Only. (This is a text-only entry generated by the court. There is no document associated with this entry.) ,.(tl, COURT STAFF) (Filed on 12/12/2023) (Entered: 12/12/2023)
2023-12-2210STIPULATION to Extend Time Within Which to Answer or Respond filed by National Marine Fisheries Service, United States Army Corps of Engineers. (Zack, Adrienne) (Filed on 12/22/2023) (Entered: 12/22/2023)
2023-12-2911ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Wilcox, Stuart) (Filed on 12/29/2023) (Entered: 12/29/2023)
2024-01-0412CERTIFICATE OF SERVICE by Ecological Rights Foundation (Attachments: # 1 Certificate/Proof of Service - Certified Mail Tracking Receipts, # 2 Certificate/Proof of Service - Personal Service Receipt)(Wilcox, Stuart) (Filed on 1/4/2024) (Entered: 01/04/2024)
2024-01-1213ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Zack, Adrienne) (Filed on 1/12/2024) (Entered: 01/12/2024)
2024-01-1214JOINT CASE MANAGEMENT STATEMENT filed by National Marine Fisheries Service, United States Army Corps of Engineers. (Zack, Adrienne) (Filed on 1/12/2024) (Entered: 01/12/2024)
2024-01-1915Minute Entry for proceedings held before Judge Maxine M. Chesney: Initial Case Management Conference held by Zoom on 1/19/2024. Joint Case Management Statement due by 2/16/2024. Further Case Management Conference set for 2/23/2024 at 10:30 AM in San Francisco, Courtroom 07, 19th Floor. Digital Recording Time: 10:30 - 10:48 - Zoom Recording. Plaintiff Attorney: Stuart Wilcox. Defendant Attorney: Adrienne Zack. Attachment: Civil Minutes. (tl, COURT STAFF) (Date Filed: 1/19/2024) (Entered: 01/19/2024)
2024-01-3016STIPULATION to Extend Time within which to Answer or Respond filed by National Marine Fisheries Service, United States Army Corps of Engineers. (Zack, Adrienne) (Filed on 1/30/2024) (Entered: 01/30/2024)
2024-02-1617SECOND JOINT CASE MANAGEMENT STATEMENT filed by National Marine Fisheries Service, United States Army Corps of Engineers. (Zack, Adrienne) (Filed on 2/16/2024) Modified on 2/20/2024 (mcl, COURT STAFF). (Entered: 02/16/2024)
2024-02-1718Joint MOTION to Appear by Telephone or by Zoom filed by Ecological Rights Foundation. (Attachments: # 1 Proposed Order Granting Leave to Appear by Zoom)(Wilcox, Stuart) (Filed on 2/17/2024) (Entered: 02/17/2024)
2024-02-2019ORDER GRANTING JOINT MOTION FOR LEAVE TO APPEAR VIA ZOOM. Signed by Judge Maxine M. Chesney on February 20, 2024. (mmclc2, COURT STAFF) (Filed on 2/20/2024) (Entered: 02/20/2024)
2024-02-22NOTICE SETTING FURTHER CASE MANAGEMENT CONFERENCE BY ZOOM Re 19 . Further Case Management Conference set for 2/23/2024 at 10:30 AM in San Francisco, - Videoconference Only. This proceeding will be held via a Zoom webinar. Webinar Access: All counsel, members of the public, and media may access the webinar information at https://www.cand.uscourts.gov/mmc General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited. Zoom Guidance and Setup: https://www.cand.uscourts.gov/zoom/ . Further Case Management Conference set for 2/23/2024 at 10:30 AM in San Francisco, - Videoconference Only. (tl, COURT STAFF) (Filed on 2/22/2024) (Entered: 02/22/2024)
2024-02-2320Minute Entry for proceedings held before Judge Maxine M. Chesney: Further Case Management Conference held by Zoom on 2/23/2024. Joint Case Management Statement due by 4/19/2024. Further Case Management Conference set for 4/26/2024 at 10:30 AM in San Francisco, Courtroom 07, 19th Floor. Digital Recording Time: 10:32 - 10:52 - Zoom Recording. Plaintiff Attorney: Stuart Wilcox. Defendant Attorney: Adrienne Zack. Attachment: Civil Minutes. (tl, COURT STAFF) (Date Filed: 2/23/2024) Proceedings transcribed by Tara Jauregui of Echo Reporting (echoreporting@yahoo.com) Modified on 5/15/2024 (jaf, COURT STAFF). (Entered: 02/26/2024)
2024-03-0121STIPULATION to Extend Time within which to Answer or Respond filed by National Marine Fisheries Service, United States Army Corps of Engineers. (Zack, Adrienne) (Filed on 3/1/2024) (Entered: 03/01/2024)
2024-03-1322CLERK'S NOTICE CONVERTING THE APRIL 26, 2024 AT 10:30 AM - FURTHER CASE MANAGEMENT CONFERENCE - TO A ZOOM WEBINAR. Further Case Management Conference set for 4/26/2024 at 10:30 AM in San Francisco, - Videoconference Only. This proceeding will be held via a Zoom webinar. Webinar Access: All counsel, members of the public, and media may access the webinar information at https://www.cand.uscourts.gov/mmc General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited. Zoom Guidance and Setup: https://www.cand.uscourts.gov/zoom/ . Further Case Management Conference set for 4/26/2024 at 10:30 AM in San Francisco, - Videoconference Only. (This is a text-only entry generated by the court. There is no document associated with this entry.) ,.(tl, COURT STAFF) (Filed on 3/13/2024) (Entered: 03/13/2024)
2024-04-1723CLERK'S NOTICE CONTINUING THE APRIL 26, 2024 FURTHER CASE MANAGEMENT CONFERENCE. Due to the Court's unavailability on that date (Northern District of California District Conference), the hearing is hereby CONTINUED to 5/17/2024 at 10:30 AM. Joint Case Management Statement due by 5/10/2024. Further Case Management Conference reset to 5/17/2024 at 10:30 AM in San Francisco, - Videoconference Only. This proceeding will be held via a Zoom webinar. Webinar Access: All counsel, members of the public, and media may access the webinar information at https://www.cand.uscourts.gov/mmc General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited. Zoom Guidance and Setup: https://www.cand.uscourts.gov/zoom/ . Joint Case Management Statement due by 5/10/2024. Further Case Management Conference reset to 5/17/2024 at 10:30 AM in San Francisco, - Videoconference Only. (This is a text-only entry generated by the court. There is no document associated with this entry.) ,.(tl, COURT STAFF) (Filed on 4/17/2024) (Entered: 04/17/2024)
2024-04-2624STIPULATION to Extend Time within which to Answer or Respond filed by National Marine Fisheries Service, United States Army Corps of Engineers. (Zack, Adrienne) (Filed on 4/26/2024) (Entered: 04/26/2024)
2024-05-1025STIPULATION to Extend Time within which to Answer or Respond and Continue Case Management Conference filed by National Marine Fisheries Service, United States Army Corps of Engineers. (Attachments: # 1 Declaration)(Zack, Adrienne) (Filed on 5/10/2024) Modified on 5/10/2024 (mcl, COURT STAFF). (Entered: 05/10/2024)
2024-05-1026Proposed Order re 25 STIPULATION to Extend Time within which to Answer or Respond and Continue Case Management Conference by National Marine Fisheries Service, United States Army Corps of Engineers. (Zack, Adrienne) (Filed on 5/10/2024) Modified on 5/10/2024 (mcl, COURT STAFF). (Entered: 05/10/2024)
2024-05-1327ORDER GRANTING STIPULATION TO CONTINUE CASE MANAGEMENT CONFERENCE. The Case Management Conference currently scheduled for May 17, 2024, is continued to May 24, 2024, at 10:30 am. Signed by Judge Maxine M. Chesney on May 13, 2024. (mmclc2, COURT STAFF) (Filed on 5/13/2024) (Entered: 05/13/2024)
2024-05-13Reset Deadlines: re 27 Order. Joint Case Management Statement due by 5/17/2024. Further Case Management Conference reset to 5/24/2024 at 10:30 AM in San Francisco, - Videoconference Only. This proceeding will be held via a Zoom webinar. Webinar Access: All counsel, members of the public, and media may access the webinar information at https://www.cand.uscourts.gov/mmc General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited. Zoom Guidance and Setup: https://www.cand.uscourts.gov/zoom/ . Joint Case Management Statement due by 5/17/2024. Further Case Management Conference reset to 5/24/2024 at 10:30 AM in San Francisco, - Videoconference Only. (tl, COURT STAFF) (Filed on 5/13/2024) (Entered: 05/13/2024)
2024-05-1428TRANSCRIPT ORDER for proceedings held on 02/23/2024 before Judge Maxine M. Chesney by Ecological Rights Foundation, for Recorded Proceeding - San Francisco. (Wilcox, Stuart) (Filed on 5/14/2024) (Entered: 05/14/2024)
2024-05-1629NOTICE of Substitution of Counsel by Jevechius Doherty Bernardoni (Bernardoni, Jevechius) (Filed on 5/16/2024) (Entered: 05/16/2024)
2024-05-1630STIPULATION WITH PROPOSED ORDER filed by National Marine Fisheries Service, United States Army Corps of Engineers. (Bernardoni, Jevechius) (Filed on 5/16/2024) (Entered: 05/16/2024)
2024-05-1631ORDER GRANTING STIPULATION TO CONTINUE CASE MANAGEMENT CONFERENCE AND EXTEND TIME WITHIN WHICH TO ANSWER OR RESPOND. The Case Management Conference currently scheduled for May 24, 2024, is continued to June 21, 2024. The federal defendants' time within which to answer or otherwise respond to the complaint is hereby continued to June 21, 2024. Signed by Judge Maxine M. Chesney on May 16, 2024. (mmclc2, COURT STAFF) (Filed on 5/16/2024) (Entered: 05/16/2024)
2024-05-17Reset Deadlines/Hearing: Joint Case Management Statement due by 6/14/2024. Further Case Management Conference reset to 6/21/2024 at 10:30 AM in San Francisco, - Videoconference Only. This proceeding will be held via a Zoom webinar. Webinar Access: All counsel, members of the public, and media may access the webinar information at https://www.cand.uscourts.gov/mmc General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited. Zoom Guidance and Setup: https://www.cand.uscourts.gov/zoom/ . Joint Case Management Statement due by 6/14/2024. Further Case Management Conference reset to 6/21/2024 at 10:30 AM in San Francisco, - Videoconference Only. (tl, COURT STAFF) (Filed on 5/17/2024) (Entered: 05/17/2024)
2024-05-2232Transcript of Proceedings held on 02/23/24, before Judge Maxine Chesney. Court Reporter/Transcriber Echo Reporting, Inc., telephone number echoreporting@yahoo.com. Tape Number: 10:32 - 10:52. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerk's Office public terminal or may be purchased through the Court Reporter/Transcriber until the deadline for the Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. (Re 28 Transcript Order ) Redaction Request due 6/12/2024. Redacted Transcript Deadline set for 6/24/2024. Release of Transcript Restriction set for 8/20/2024. (Related documents(s) 28 ) (Jauregui, Tara) (Filed on 5/22/2024) (Entered: 05/22/2024)
2024-06-1333STIPULATION WITH PROPOSED ORDER filed by National Marine Fisheries Service, United States Army Corps of Engineers. (Bernardoni, Jevechius) (Filed on 6/13/2024) (Entered: 06/13/2024)
2024-06-1334ORDER GRANTING STIPULATION TO CONTINUE CASE MANAGEMENT CONFERENCE AND EXTEND TIME WITHIN WHICH TO ANSWER OR RESPOND. The Case Management Conference is continued from June 21, 2024, to September 27, 2024, at 10:30 am. Defendants' time to answer or otherwise respond to the complaint is hereby continued to September 27, 2024. Signed by Judge Maxine M. Chesney on June 13, 2024. (mmclc2, COURT STAFF) (Filed on 6/13/2024) (Entered: 06/13/2024)
2024-06-14Set/Reset Deadlines:, Set/Reset Hearing re 34 Terminate Motions,, Order, Joint Case Management Statement due by 9/20/2024. Further Case Management Conference reset to 9/27/2024 at 10:30 AM in San Francisco, Courtroom 07, 19th Floor. (tl, COURT STAFF) (Filed on 6/14/2024) (Entered: 06/14/2024)
2024-08-0235CLERK'S NOTICE CONVERTING THE SEPTEMBER 27, 2024 AT 10:30 AM - FURTHER CASE MANAGEMENT CONFERENCE - TO A ZOOM WEBINAR. Further Case Management Conference set for 9/27/2024 at 10:30 AM in San Francisco, - Videoconference Only. This proceeding will be held via a Zoom webinar. Webinar Access: All counsel, members of the public, and media may access the webinar information at https://www.cand.uscourts.gov/mmc General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited. Zoom Guidance and Setup: https://www.cand.uscourts.gov/zoom/ . Further Case Management Conference set for 9/27/2024 at 10:30 AM in San Francisco, - Videoconference Only. (This is a text-only entry generated by the court. There is no document associated with this entry.) ,. (tl, COURT STAFF) (Filed on 8/2/2024) (Entered: 08/02/2024)
2024-09-2036STIPULATION AND [PROPOSED] ORDER TO CONTINUE CASE MANAGEMENT CONFERENCE, EXTEND TIME WITHIN WHICH TO ANSWER OR RESPOND, AND SET BRIEFING SCHEDULE FOR PLAINTIFFS FORTHCOMING FEES MOTION filed by National Marine Fisheries Service, United States Army Corps of Engineers. (Bernardoni, Jevechius) (Filed on 9/20/2024) (Entered: 09/20/2024)
2024-09-2337ORDER DECLINING TO APPROVE STIPULATION TO VACATE CASE MANAGEMENT CONFERENCE AND SET BRIEFING SCHEDULE. Signed by Judge Maxine M. Chesney on September 23, 2024. (mmclc2, COURT STAFF) (Filed on 9/23/2024) (Entered: 09/23/2024)
2024-09-2438STIPULATION WITH PROPOSED ORDER filed by National Marine Fisheries Service, United States Army Corps of Engineers. (Bernardoni, Jevechius) (Filed on 9/24/2024) (Entered: 09/24/2024)
2024-09-2539ORDER TO EXTEND TIME WITHIN WHICH TO ANSWER OR RESPOND. The deadline for Defendants to respond to the complaint is continued from 9/27/24 to 12/13/24. Signed by Judge Maxine M. Chesney on September 25, 2024. (mmclc2, COURT STAFF) (Filed on 9/25/2024) (Entered: 09/25/2024)
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