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Case TitleFRIENDS OF THE WILD SWAN v. ROEMER et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2024cv00398
Date Filed2024-02-09
Date ClosedOpen
JudgeJudge Amit P. Mehta
PlaintiffFRIENDS OF THE WILD SWAN
Case DescriptionFriends of the Wild Swan submitted a FOIA request to the National Park Service for records concerning an environmental assessment issued by the agency pertaining to Glacier National Park. Friends also requested a fee waiver. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Friends of the Wild Swan filed suit.
Complaint issues: Failure to respond within statutory time limit, Public Interest Fee Waiver, Litigation - Attorney's fees

DefendantDAVID ROEMER in his official capacity as Superintendent, Glacier National Park
Defendant2255
DAVID ROEMER in his official capacity as Superintendent, Glacier National Park
2255
KATHARINE HAMMOND in her official capacity as the Intermountain Regional Director, National Park Service
2255
NATIONAL PARK SERVICE
DefendantKATHARINE HAMMOND in her official capacity as the Intermountain Regional Director, National Park Service
DefendantNATIONAL PARK SERVICE
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2024-02-091COMPLAINT against KATHARINE HAMMOND, NATIONAL PARK SERVICE, DAVID ROEMER ( Filing fee $ 405 receipt number ADCDC-10680204) filed by FRIENDS OF THE WILD SWAN. (Attachments: # 1 Exhibit 1: FOIA Request from Arlene Montgomery to the National Park Service (Sept. 18, 2023), # 2 Exhibit Email string among NPS FOIA Officer Alison Yamato, and Friends Program Director Arlene Montgomery, # 3 Civil Cover Sheet, # 4 Summonses)(Pettinato, Jared) (Entered: 02/09/2024)
2024-02-122LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by FRIENDS OF THE WILD SWAN (Pettinato, Jared) (Entered: 02/12/2024)
2024-02-13Case Assigned to Judge Amit P. Mehta. (zcb) (Entered: 02/13/2024)
2024-02-133SUMMONS (5) Issued Electronically as to All Defendants, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(zcb) (Entered: 02/13/2024)
2024-02-264RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 2/21/2024. Answer due for ALL FEDERAL DEFENDANTS by 3/22/2024. (Attachments: # 1 Certified Mail Receipt, # 2 USPS Tracking Information)(Pettinato, Jared) (Main Document 4 replaced on 2/27/2024) (mg). (Entered: 02/26/2024)
2024-02-265RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 02/21/2024. (Attachments: # 1 Certified Mail Receipt, # 2 USPS Tracking Information)(Pettinato, Jared) (Main Document 5 replaced on 2/27/2024) (mg). (Entered: 02/26/2024)
2024-02-266RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. DAVID ROEMER served on 2/20/2024 (Attachments: # 1 Certified Mail Receipt, # 2 USPS Tracking Information)(Pettinato, Jared) (Main Document 6 replaced on 2/27/2024) (mg). (Entered: 02/26/2024)
2024-02-267RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. KATHARINE HAMMOND served on 2/20/2024 (Attachments: # 1 Certified Mail Receipt, # 2 USPS Tracking Information)(Pettinato, Jared) (Main Document 7 replaced on 2/27/2024) (mg). (Entered: 02/26/2024)
2024-02-268RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. NATIONAL PARK SERVICE served on 2/20/2024 (Attachments: # 1 Certified Mail Receipt, # 2 USPS Tracking Information)(Pettinato, Jared) (Main Document 8 replaced on 2/27/2024) (mg). (Entered: 02/26/2024)
2024-02-269CERTIFICATE OF SERVICE by FRIENDS OF THE WILD SWAN re 6 Summons Returned Executed as to Federal Defendant, 8 Summons Returned Executed as to Federal Defendant, 7 Summons Returned Executed as to Federal Defendant, 5 Summons Returned Executed as to U.S. Attorney General, 4 Summons Returned Executed in FOIA as to U.S. Attorney, . (Pettinato, Jared) (Entered: 02/26/2024)
2024-03-2210NOTICE of Appearance by Fithawi Berhane on behalf of All Defendants (Berhane, Fithawi) (Entered: 03/22/2024)
2024-03-2211Consent MOTION for Extension of Time to by KATHARINE HAMMOND, NATIONAL PARK SERVICE, DAVID ROEMER. (Berhane, Fithawi) (Entered: 03/22/2024)
2024-03-25MINUTE ORDER granting Defendant's 11 Motion for Extension of Time. Defendant shall respond to the Complaint on or before April 22, 2024. Signed by Judge Amit P. Mehta on 03/25/2024. (lcapm1) (Entered: 03/25/2024)
2024-03-25Set/Reset Deadlines: Answer due by 4/22/2024. (smc) (Entered: 03/25/2024)
2024-04-2212ANSWER to Complaint by KATHARINE HAMMOND, NATIONAL PARK SERVICE, DAVID ROEMER.(Berhane, Fithawi) (Entered: 04/22/2024)
2024-04-2313ORDER. Both a Complaint and an Answer are now before the court in this FOIA case. It is hereby ordered that the parties shall meet and confer and file a Joint Status Report on or before May 7, 2024. The Joint Status Report shall include (1) the status of Plaintiff's FOIA request; (2) the anticipated number of documents responsive to Plaintiff's FOIA request; (3) the anticipated date(s) for release of the documents requested by Plaintiff; (4) whether a motion for stay is likely under Open America v. Watergate Special Prosecution Force, 547 F.2d 605 (D.C. Cir. 1976); and (5) whether the parties anticipate summary judgment briefing and, if so, a proposed briefing schedule. Signed by Judge Amit P. Mehta on 04/23/2024. (lcapm1) (Entered: 04/23/2024)
2024-04-23Set/Reset Deadlines/Hearings: Joint Status Report due by 5/7/2024. (zcdw) (Entered: 04/23/2024)
2024-05-0714Joint STATUS REPORT by FRIENDS OF THE WILD SWAN. (Pettinato, Jared) (Entered: 05/07/2024)
2024-05-08MINUTE ORDER. The parties shall file an additional Joint Status Report by May 21, 2024, which advises whether a fees dispute remains and, if so, proposes a schedule for further proceedings. Signed by Judge Amit P. Mehta on 05/08/2024. (lcapm1) (Entered: 05/08/2024)
2024-05-09Set/Reset Deadlines/Hearings: Joint Status Report due by 5/21/2024. (zcdw) (Entered: 05/09/2024)
2024-05-2115STATUS REPORT by FRIENDS OF THE WILD SWAN. (Pettinato, Jared) (Entered: 05/21/2024)
2024-05-2116STATUS REPORT by KATHARINE HAMMOND, NATIONAL PARK SERVICE, DAVID ROEMER. (Berhane, Fithawi) (Entered: 05/21/2024)
2024-05-22MINUTE ORDER. As the parties have not agreed to mediate, the court will not refer this matter to a magistrate judge, as requested by Plaintiff. The parties shall file an additional Joint Status Report on or before June 22, 2024, which updates the court on efforts to settle their fees dispute. If the parties have reached an impasse, the court will enter a briefing schedule. Signed by Judge Amit P. Mehta on 05/22/2024. (lcapm1) (Entered: 05/22/2024)
2024-05-22Set/Reset Deadlines: Joint Status Report due by 6/22/2024. (smc) (Entered: 05/22/2024)
2024-06-2417Joint STATUS REPORT by FRIENDS OF THE WILD SWAN. (Pettinato, Jared) (Entered: 06/24/2024)
2024-06-26MINUTE ORDER. Plaintiff shall file any opening brief on or before July 22, 2024. Defendant shall file any response brief on or before August 22, 2024; Plaintiff shall file any reply brief by September 12, 2024. Signed by Judge Amit P. Mehta on 06/26/2024. (lcapm1) (Entered: 06/26/2024)
2024-06-27Set/Reset Deadlines: Brief due by 7/22/2024. Responses due by 8/22/2024. Replies due by 9/12/2024. (zakb) (Entered: 06/27/2024)
2024-07-2218MOTION for Attorney Fees by FRIENDS OF THE WILD SWAN. (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order, # 3 Exhibit Index, # 4 Exhibit 1: Westslope Cutthroat and Bull Trout Preservation in Gunsight Lake project Finding of No Significant Impact, # 5 Exhibit 2: Request Details Report, # 6 Exhibit 3: Letter from Alison Yamato, Government Information Specialist, NPS FOIA Officer, to Arlene Montgomery (Feb. 23, 2024), # 7 Exhibit 4: Letter from A. Yamato to A. Montgomery (Feb. 23, 2024, revised), # 8 Exhibit 5: Email from A. Yamato to A. Montgomery (Apr. 16, 2024), # 9 Exhibit 6: Email from F. Berhane to J. Pettinato (May 29, 2024), # 10 Exhibit 7: Letter from Jared Pettinato to David Roemer, Superintendent of Glacier National Park, et al. (July 1, 2024), # 11 Exhibit 8: Arlene Montgomery Declaration, # 12 Exhibit 9: Redline of February 23, 2024, and April 16, 2024, Letters, # 13 Exhibit 10: Email from Fithawi Berhane, Trial Attorney, U.S. Department of Justice, to Jared Pettinato (May 6, 2024), # 14 Exhibit 11: Jared Pettinato Declaration, # 15 Exhibit 11-A: Letter from Darrell R. Strayhorn, FOIA Appeals Officer, Department of the Interior, to Jared Pettinato, Appeal No. 2023-016 (Sept. 20, 2023), # 16 Exhibit 11-B: Pettinato Firm Invoice, # 17 Exhibit 11-C: Pay.gov Payment Confirmation (Feb. 9, 2024), # 18 Exhibit 12: Keila Szpaller, Plan for bull trout in Gunsight Lake violates federal law, groups allege, Spokesman-Review (July 5, 2024), # 19 Exhibit 13: Taylor Inman, Groups claim bull trout project violates federal law, Daily InterLake (July 9, 2024), # 20 Exhibit 14: Tristan Scott, Groups Challenge Glacier Park's Bull Trout Preservation Project in Gunsight Lake, Flathead Beacon (July 2, 2024), # 21 Exhibit 15: Chris Peterson, Groups threaten lawsuit over Gunsight Lake bull trout plan, Hungry Horse News (July 10, 2024), # 22 Exhibit 16: Email from Fithawi Berhane, Trial Attorney, U.S. Department of Justice, to Jared Pettinato (June 17, 2024))(Pettinato, Jared) (Entered: 07/22/2024)
2024-08-2219Memorandum in opposition to re 18 Motion for Attorney Fees,,,,,,,, filed by NATIONAL PARK SERVICE. (Attachments: # 1 Declaration, # 2 Text of Proposed Order)(Berhane, Fithawi) (Entered: 08/22/2024)
2024-09-1120NOTICE of Filing of a New Version of the Hungry Horse News Article by FRIENDS OF THE WILD SWAN re 18 Motion for Attorney Fees,,,,,,,, (Attachments: # 1 Exhibit 15, Chris Peterson, Groups threaten lawsuit over Gunsight Lake bull trout plan, Hungry Horse News (July 10, 2024) (new version))(Pettinato, Jared) (Entered: 09/11/2024)
2024-09-1121REPLY to opposition to motion re 18 MOTION for Attorney Fees filed by FRIENDS OF THE WILD SWAN. (Attachments: # 1 Exhibit 17: Email from Jared Pettinato to Fithawi Berhane (Mar. 29, 2024))(Pettinato, Jared) (Entered: 09/11/2024)
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