Skip to content

Case Detail

[Subscribe to updates]
Case TitleCenter for Biological Diversity et al v. National Marine Fisheries Service
DistrictSouthern District of New York
CityFoley Square
Case Number1:2024cv02576
Date Filed2024-04-04
Date ClosedOpen
JudgeJudge Gregory H. Woods
PlaintiffCenter for Biological Diversity
PlaintiffNatural Resources Defense Council
PlaintiffAnimal Welfare Institute
Case DescriptionCenter for Biological Diversity, Natural Resources Defense Council, and Animal Welfare Institute submitted a FOIA request to National Marine Fisheries Service for records concerning 11 nations' comparability applications for importing fish under the Marine Mammal Protection act. The agency acknowledged receipt of the request and made some interim disclosures. CBD filed several administrative appeals but after hearing nothing further from the agency, Center for Biological Diversity filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantNational Marine Fisheries Service
Documents
Docket
Complaint
Opinion/Order [14]
Opinion/Order [16]
Opinion/Order [20]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2024-04-041COMPLAINT against National Marine Fisheries Service. (Filing Fee $ 405.00, Receipt Number ANYSDC-29177060)Document filed by Center for Biological Diversity, Animal Welfare Institute, Natural Resources Defense Council..(Lawrence, Xavier) (Entered: 04/04/2024)
2024-04-042CIVIL COVER SHEET filed..(Lawrence, Xavier) (Entered: 04/04/2024)
2024-04-043REQUEST FOR ISSUANCE OF SUMMONS as to National Marine Fisheries Service, re: 1 Complaint. Document filed by Animal Welfare Institute, Center for Biological Diversity, Natural Resources Defense Council..(Lawrence, Xavier) (Entered: 04/04/2024)
2024-04-044MOTION for Xavier Q. Lawrence to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-29177228. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Animal Welfare Institute, Center for Biological Diversity, Natural Resources Defense Council. (Attachments: # 1 Affidavit of Xavier Q. Lawrence, # 2 Exhibit XQL Certificates of Good Standing, # 3 Proposed Order Proposed Order for Admission Pro Hac Vice).(Lawrence, Xavier) (Entered: 04/04/2024)
2024-04-04>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 4 MOTION for Xavier Q. Lawrence to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-29177228. Motion and supporting papers to be reviewed by Clerk's Office staff. . The document has been reviewed and there are no deficiencies. (bc) (Entered: 04/04/2024)
2024-04-05CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Gregory H. Woods. Please download and review the Individual Practices of the assigned District Judge, located at https://nysd.uscourts.gov/judges/district-judges . Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at https://nysd.uscourts.gov/rules/ecf-related-instructions . .(pc) (Entered: 04/05/2024)
2024-04-05Magistrate Judge Robyn F. Tarnofsky is designated to handle matters that may be referred in this case. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf . (pc) (Entered: 04/05/2024)
2024-04-05Case Designated ECF. (pc) (Entered: 04/05/2024)
2024-04-055NOTICE OF INITIAL CONFERENCE: Initial Conference set for 6/6/2024 at 04:00 PM before Judge Gregory H. Woods. The conference will be conducted by telephone. The parties are directed to the Court's Individual Rules of Practice in Civil Cases, which are available on the Court's website. Rule 2 of the Court's Individual Rules contains the dial-in number for the conference and other relevant instructions. The parties are specifically directed to comply with Rule 2(B) of the Court's Individual Rules. (Signed by Judge Gregory H. Woods on 4/5/2024) (rro) (Entered: 04/05/2024)
2024-04-056ELECTRONIC SUMMONS ISSUED as to National Marine Fisheries Service..(pc) (Entered: 04/05/2024)
2024-04-057MOTION for Christina S. Marshall to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-29182216. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Animal Welfare Institute, Center for Biological Diversity, Natural Resources Defense Council. (Attachments: # 1 Affidavit of Christina S. Marshall, # 2 Exhibit CSM Good Standing Certificates, # 3 Proposed Order Proposed Order).(Marshall, Christina) (Entered: 04/05/2024)
2024-04-058ORDER granting 4 Motion for Xavier Q. Lawrence to Appear Pro Hac Vice. (HEREBY ORDERED by Judge Gregory H. Woods)(Text Only Order) (wv) (Entered: 04/05/2024)
2024-04-05>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 7 MOTION for Christina S. Marshall to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-29182216. Motion and supporting papers to be reviewed by Clerk's Office staff. . The document has been reviewed and there are no deficiencies. (sgz) (Entered: 04/05/2024)
2024-04-059ORDER granting 7 Motion for Christina S. Marshall to Appear Pro Hac Vice. (HEREBY ORDERED by Judge Gregory H. Woods)(Text Only Order) (wv) (Entered: 04/05/2024)
2024-04-0810FILING ERROR - PDF ERROR - MOTION for Sarah Uhlemann to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-29189996. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Animal Welfare Institute, Center for Biological Diversity. (Attachments: # 1 Exhibit Certificates of Good Standing, # 2 Affidavit of Sarah Uhlemann, # 3 Proposed Order Granting Pro Hac Vice Admission).(Uhlemann, Sarah) Modified on 4/9/2024 (bc). (Entered: 04/08/2024)
2024-04-09>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. 10 MOTION for Sarah Uhlemann to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-29189996. Motion and supporting papers to be reviewed by Clerk's Office staff. The filing is deficient for the following reason(s): missing Certificate of Good Standing from Supreme Court of Oregon;. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (bc) (Entered: 04/09/2024)
2024-04-0911AMENDED MOTION for Sarah Uhlemann to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Animal Welfare Institute, Center for Biological Diversity. (Attachments: # 1 Exhibit Certificates of Good Standing Corrected, # 2 Affidavit of Sarah Uhlemann Pro Hac Vice, # 3 Proposed Order Granting Pro Hac Vice).(Uhlemann, Sarah) (Entered: 04/09/2024)
2024-04-09>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 11 AMENDED MOTION for Sarah Uhlemann to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. . The document has been reviewed and there are no deficiencies. (bc) (Entered: 04/09/2024)
2024-04-1012ORDER granting 11 Motion for Sarah Uhlemann to Appear Pro Hac Vice. (HEREBY ORDERED by Judge Gregory H. Woods)(Text Only Order) (wv) (Entered: 04/10/2024)
2024-04-2913CERTIFICATE OF SERVICE. National Marine Fisheries Service served on 4/19/2024, answer due 5/10/2024. Service was made by Mail. Document filed by Center for Biological Diversity; Animal Welfare Institute; Natural Resources Defense Council..(Lawrence, Xavier) (Entered: 04/29/2024)
2024-05-0114ORDER: The initial pretrial conference previously scheduled for June 6, 2024 is rescheduled to May 30, 2024 at 4:00 p.m. The joint status letter and proposed case management plan described in the Court's April 5, 2024 order are due no later than May 23, 2024. SO ORDERED. (Signed by Judge Gregory H. Woods on 5/1/2024) ( Initial Conference set for 5/30/2024 at 04:00 PM before Judge Gregory H. Woods.) (ks) (Entered: 05/01/2024)
2024-05-1315NOTICE OF APPEARANCE by Christopher Kendrick Connolly on behalf of National Marine Fisheries Service..(Connolly, Christopher) (Entered: 05/13/2024)
2024-05-1416ORDER: To conserve resources, to promote judicial efficiency, and in an effort to achieve a faster disposition of this matter, it is hereby ORDERED that the parties must discuss whether they are willing to consent, under 28 U.S.C. § 636(c), to conducting all further proceedings before the assigned Magistrate Judge. If both parties consent to proceed before the Magistrate Judge, counsel for the defendant must, within two weeks of the date of this order file on ECF a fully executed Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form, a copy of which is attached to this order (and also available at https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf). The executed form should be filed on ECF as a "Proposed Consent to Jurisdiction by US Magistrate Judge," and be described using the "Proposed Consent to Jurisdiction by US Magistrate Judge" filing event in accordance with ECF Rule 13.27. If the Court approves that form, all further proceedings will then be conducted before the assigned Magistrate Judge rather than before me. Any appeal would be taken directly to the United States Court of Appeals for the Second Circuit, as it would be if the consent form were not signed and so ordered. If either party does not consent to conducting all further proceedings before the assigned Magistrate Judge, the parties must file a joint letter, within two weeks of the date of this order advising the Court that the parties do not consent, but without disclosing the identity of the party or parties who do not consent. The parties are free to withhold consent without negative consequences. (Signed by Judge Gregory H. Woods on 5/14/2024) (rro) (Entered: 05/14/2024)
2024-05-2217ANSWER to 1 Complaint. Document filed by National Marine Fisheries Service..(Connolly, Christopher) (Entered: 05/22/2024)
2024-05-2218LETTER addressed to Judge Gregory H. Woods from AUSA Christopher Connolly dated May 22, 2024 re: parties' joint letter responding to the Court's May 14, 2024, order (ECF No. 16). Document filed by National Marine Fisheries Service..(Connolly, Christopher) (Entered: 05/22/2024)
2024-05-2319LETTER addressed to Judge Gregory H. Woods from Xavier Q. Lawrence dated May 23, 2024 re: Status Letter. Document filed by Animal Welfare Institute, Center for Biological Diversity, Natural Resources Defense Council. (Attachments: # 1 Proposed Order Proposed Case Management Plan).(Lawrence, Xavier) (Entered: 05/23/2024)
2024-05-3020ORDER: As discussed during the conference held on May 30, 2024, the parties are directed to file a joint letter updating the Court on the status of this case by no later than July 1, 2024. SO ORDERED. (Signed by Judge Gregory H. Woods on 5/30/2024) (vfr) (Entered: 05/30/2024)
2024-05-30Minute Entry for proceedings held before Judge Gregory H. Woods: Initial Pretrial Conference held on 5/30/2024. (Court Reporter Present) (va) (Entered: 05/31/2024)
2024-07-0121STATUS REPORT. Document filed by National Marine Fisheries Service..(Connolly, Christopher) (Entered: 07/01/2024)
2024-07-0122MEMO ENDORSEMENT on re: 21 Status Report filed by National Marine Fisheries Service. ENDORSEMENT: Application granted. The parties are directed to submit a joint letter updating the Court on the status of this case by no later than August 1, 2024. (Signed by Judge Gregory H. Woods on 7/1/2024) (rro) (Entered: 07/02/2024)
2024-08-0123STATUS REPORT. Document filed by National Marine Fisheries Service..(Connolly, Christopher) (Entered: 08/01/2024)
2024-08-0124MEMO ENDORSEMENT on re: 23 Status Report filed by National Marine Fisheries Service. ENDORSEMENT: Application granted. The parties are directed to submit a joint letter updating the Court on the status of this case by no later than September 4, 2024. SO ORDERED. (Signed by Judge Gregory H. Woods on 8/1/2024) (vfr) (Entered: 08/01/2024)
2024-09-0425STATUS REPORT. Document filed by National Marine Fisheries Service..(Connolly, Christopher) (Entered: 09/04/2024)
2024-09-0426MEMO ENDORSEMENT on re: 25 Status Report filed by National Marine Fisheries Service. ENDORSEMENT: Application granted. The parties are directed to submit a joint letter updating the Court of the status of this case by no later than October 9, 2024. SO ORDERED. (Signed by Judge Gregory H. Woods on 9/4/24) (yv) (Entered: 09/05/2024)
Hide Docket Events
by FOIA Project Staff
Skip to toolbar