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Case TitleEcological Rights Foundation v. National Marine Fisheries Service
DistrictNorthern District of California
CitySan Francisco
Case Number3:2018cv00888
Date Filed2018-02-10
Date Closed2018-07-12
JudgeMagistrate Judge Jacqueline Scott Corley
PlaintiffEcological Rights Foundation a non-profit corporation
Case DescriptionThe Ecological Rights Foundation submitted a FOIA request to the National Marine Fisheries Service for records concerning the impact on the Yuba River of a proposed policy by the U.S. Army Corps of Engineers. The agency acknowledged receipt of the request. The agency disclosed 239 documents and withheld 54 documents in part under Exemption 5 (privileges) and Exemption 6 (invasion of privacy). The Ecological Rights Foundation filed an administrative appeal. The agency acknowledged receipt of the appeal, but after hearing nothing further from the agency, the Ecological Rights Foundation filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Vaughn index, Litigation - Attorney's fees

DefendantNational Marine Fisheries Service
Documents
Docket
Complaint
Complaint attachment 1
Opinion/Order [39]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2018-02-101COMPLAINT against National Marine Fisheries Service ( Filing fee $ 400, receipt number 0971-12102318.). Filed byEcological Rights Foundation. (Attachments: # 1 Civil Cover Sheet)(Linn, Patricia) (Filed on 2/10/2018) (Entered: 02/10/2018)
2018-02-102Proposed Summons. (Linn, Patricia) (Filed on 2/10/2018) (Entered: 02/10/2018)
2018-02-123Case assigned to Magistrate Judge Jacqueline Scott Corley. 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. Counsel is required to send chambers a copy of the initiating documents pursuant to L.R. 5-1(e)(7). A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 2/26/2018. (as, COURT STAFF) (Filed on 2/12/2018) (Entered: 02/12/2018)
2018-02-124Proposed Summons. (Linn, Patricia) (Filed on 2/12/2018) (Entered: 02/12/2018)
2018-02-125Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 5/10/2018. Initial Case Management Conference set for 5/17/2018 01:30 PM in San Francisco, Courtroom F, 15th Floor. (slhS, COURT STAFF) (Filed on 2/12/2018) (Entered: 02/12/2018)
2018-02-126Summons Issued as to National Marine Fisheries Service, U.S. Attorney and U.S. Attorney General. (slhS, COURT STAFF) (Filed on 2/12/2018) (Entered: 02/12/2018)
2018-02-237CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Ecological Rights Foundation.. (Linn, Patricia) (Filed on 2/23/2018) (Entered: 02/23/2018)
2018-02-268CERTIFICATE OF SERVICE by Ecological Rights Foundation (Linn, Patricia) (Filed on 2/26/2018) (Entered: 02/26/2018)
2018-03-199Defendants' ANSWER to Complaint byNational Marine Fisheries Service. (Wang, Jennifer) (Filed on 3/19/2018) (Entered: 03/19/2018)
2018-03-2010CLERK'S NOTICE Re: Consent or Declination: Defendant shall file a consent or declination to proceed before a magistrate judge by 4/3/2018. Note that any party is free to withhold consent to proceed before a magistrate judge without adverse substantive consequences. The forms are available at: http://cand.uscourts.gov/civilforms. (ahm, COURT STAFF) (Filed on 3/20/2018) (Entered: 03/20/2018)
2018-04-0311CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by National Marine Fisheries Service.. (Wang, Jennifer) (Filed on 4/3/2018) (Entered: 04/03/2018)
2018-04-2012MOTION for Summary Judgment filed by Ecological Rights Foundation. Motion Hearing set for 5/31/2018 09:00 AM in San Francisco, Courtroom F, 15th Floor before Magistrate Judge Jacqueline Scott Corley. Responses due by 5/4/2018. Replies due by 5/11/2018. (Attachments: # 1 Declaration of Patricia Linn, # 2 Ex. A, # 3 Ex. B, # 4 Ex. C, # 5 Ex. D, # 6 Ex. E, # 7 Ex. F, # 8 Ex. G, # 9 Ex. H, # 10 Ex. I, # 11 Ex. J, # 12 Ex. K, # 13 Ex. L, # 14 Ex. 1, # 15 Ex. 2, # 16 Ex. 3, # 17 Ex. 4, # 18 Ex. 5, # 19 Ex. 6, # 20 Ex. 7, # 21 Ex. 8, # 22 Ex. 9, # 23 Proposed Order, # 24 Declaration of Christopher Hudak)(Linn, Patricia) (Filed on 4/20/2018) (Entered: 04/20/2018)
2018-04-2313ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Linn, Patricia) (Filed on 4/23/2018) (Entered: 04/23/2018)
2018-04-2614NOTICE of need for ADR Phone Conference (ADR L.R. 3-5 d) (Wang, Jennifer) (Filed on 4/26/2018) (Entered: 04/26/2018)
2018-04-2615ADR Clerk's Notice Setting ADR Phone Conference on May 4, 2018 at 10:30 AM Pacific time. Please note that you must be logged into an ECF account of counsel of record in order to view this document. (cmf, COURT STAFF) (Filed on 4/26/2018) (Entered: 04/26/2018)
2018-04-2716STIPULATION WITH PROPOSED ORDER re 12 MOTION for Summary Judgment Stipulation and Proposed Order Regarding Summary Judgment Briefing Schedule filed by National Marine Fisheries Service. (Wang, Jennifer) (Filed on 4/27/2018) (Entered: 04/27/2018)
2018-04-3017ORDER by Magistrate Judge Jacqueline Scott Corley granting 16 Stipulation Summary Judgment Briefing Schedule. (ahm, COURT STAFF) (Filed on 4/30/2018) (Entered: 04/30/2018)
2018-04-30Set/Reset Deadlines as to 12 MOTION for Summary Judgment . Responses due by 5/25/2018. Replies due by 6/8/2018. (ahm, COURT STAFF) (Filed on 4/30/2018) (Entered: 04/30/2018)
2018-05-0418ADR Remark: ADR Phone Conference held on 5/4/2018 by Howard Herman. (cmf, COURT STAFF) (Filed on 5/4/2018) (This is a text-only entry generated by the court. There is no document associated with this entry.) (Entered: 05/04/2018)
2018-05-0419Certificate of Interested Entities or Persons by Ecological Rights Foundation. (Linn, Patricia) (Filed on 5/4/2018) Modified on 5/7/2018 (slhS, COURT STAFF). (Entered: 05/04/2018)
2018-05-07Electronic filing error re: 19 Statement filed by Ecological Rights Foundation. Incorrect event used. [err101] Corrected by Clerk's Office. No further action is necessary . (slhS, COURT STAFF) (Filed on 5/7/2018) (Entered: 05/07/2018)
2018-05-1020JOINT CASE MANAGEMENT STATEMENT filed by National Marine Fisheries Service. (Wang, Jennifer) (Filed on 5/10/2018) (Entered: 05/10/2018)
2018-05-1721Minute Entry for proceedings held before Magistrate Judge Jacqueline Scott Corley: Initial Case Management Conference held on 5/17/2018. Case is referred to a random magistrate judge for a settlement conference to occur after June 15, 2018 and at the convenience of the magistrate judge. (Not Reported)(Time: 3 mins) Attorney for Plaintiff: Patricia Linn. Attorney for Defendant: Jennifer Wang. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ahm, COURT STAFF) (Date Filed: 5/17/2018) (Entered: 05/17/2018)
2018-05-17CASE REFERRED to Magistrate Judge Donna M. Ryu for Settlement (ahm, COURT STAFF) (Filed on 5/17/2018) (Entered: 05/17/2018)
2018-05-1822ORDER RE SETTLEMENT CONFERENCE. Signed by Magistrate Judge Jacqueline Scott Corley on 5/18/2018. (ahm, COURT STAFF) (Filed on 5/18/2018) (Entered: 05/18/2018)
2018-05-2223CLERK'S NOTICE: Notice is hereby given to all parties that Magistrate Judge Donna M. Ryu will convene a pre-settlement conference call to discuss timing and preparation for an in-person settlement conference. Judge Ryu anticipates that the phone call will last approximately 20-30 minutes. The conference call shall take place on 6/7/2018 10:00 AM. Lead Counsel for all parties shall participate. Counsel will receive the call-in information via e-mail from Judge Ryu's courtroom deputy. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ig, COURT STAFF) (Filed on 5/22/2018) (Entered: 05/22/2018)
2018-05-2224ORDER SETTING SETTLEMENT CONFERENCE: Settlement Conference set for 6/29/2018 10:00 AM before Magistrate Judge Donna M. Ryu. Signed by Magistrate Judge Donna M. Ryu on 5/22/18. (ig, COURT STAFF) (Filed on 5/22/2018) (Entered: 05/22/2018)
2018-05-2525Cross-MOTION for Summary Judgment and Opposition to Plaintiff's 12 Motion for Summary Judgment filed by National Marine Fisheries Service. Motion Hearing set for 7/19/2018 09:00 AM in San Francisco, Courtroom F, 15th Floor before Magistrate Judge Jacqueline Scott Corley. Responses due by 6/8/2018. Replies due by 6/15/2018. (Attachments: # 1 Proposed Order)(Wang, Jennifer) (Filed on 5/25/2018) Modified on 6/26/2018 (slhS, COURT STAFF). (Entered: 05/25/2018)
2018-05-2526Declaration of Mark H. Graff in Support of 25 Cross-MOTION for Summary Judgment filed by National Marine Fisheries Service. (Attachments: # 1 Exhibit 1-5)(Related document(s) 25 ) (Wang, Jennifer) (Filed on 5/25/2018) Modified on 6/26/2018 (slhS, COURT STAFF). (Entered: 05/25/2018)
2018-05-2527Declaration of Jennifer S Wang in Support of 25 Cross-MOTION for Summary Judgment filed by National Marine Fisheries Service. (Attachments: # 1 Exhibit 1)(Related document(s) 25 ) (Wang, Jennifer) (Filed on 5/25/2018) Modified on 6/26/2018 (slhS, COURT STAFF). (Entered: 05/25/2018)
2018-05-3128CLERK'S NOTICE REGARDING TIME OF MOTION HEARING. To all parties and counsel of record: Please take notice that the hearing on the pending motions for summary judgment (Dkt. Nos. 12 & 25 ) currently scheduled for July 19, 2018 at 9:00 a.m. shall commence at 2:00 p.m., before Magistrate Judge Jacqueline Scott Corley, in Courtroom F, 15th Floor, Federal Building, 450 Golden Gate Avenue in San Francisco. (This is a text only docket entry, there is no document associated with this notice.) (ahm, COURT STAFF) (Filed on 5/31/2018) (Entered: 05/31/2018)
2018-05-31Set/Reset Deadlines as to 12 MOTION for Summary Judgment, 25 MOTION for Summary Judgment Defendant's Cross Motion for Summary Judgment and Opposition to Plaintiff's Motion for Summary Judgment . Motion Hearing reset for 7/19/2018 at 2:00 PM in San Francisco, Courtroom F, 15th Floor before Magistrate Judge Jacqueline Scott Corley. (ahm, COURT STAFF) (Filed on 5/31/2018) (Entered: 05/31/2018)
2018-06-0729Minute Entry for proceedings held before Magistrate Judge Donna M. Ryu: Preparation call in advance of 6/29/2018 settlement conference held on 6/7/2018. FTR Time: Not Recorded. Attachment: Civil Conference Minute Order. (ig, COURT STAFF) (Date Filed: 6/7/2018) (Entered: 06/08/2018)
2018-06-0830OPPOSITION/RESPONSE (re 25 Cross-MOTION for Summary Judgment) and REPLY in Support re 12 Motion for Summary Judgment) filed by Ecological Rights Foundation. (Attachments: # 1 Reply declaration of Patricia Linn, # 2 Proposed Order, # 3 Exhibit 1, # 4 Exhibit 2, # 5 Exhibit 3, # 6 Exhibit 4, # 7 Exhibit 5)(Linn, Patricia) (Filed on 6/8/2018) Modified on 6/11/2018 (slhS, COURT STAFF). (Entered: 06/08/2018)
2018-06-1231STIPULATION WITH PROPOSED ORDER to Extend Deadline Related to the Parties Cross Motions for Summary Judgment filed by National Marine Fisheries Service. (Wang, Jennifer) (Filed on 6/12/2018) (Entered: 06/12/2018)
2018-06-1432ORDER by Magistrate Judge Jacqueline Scott Corley granting 31 Stipulation to Extend Deadline Related to the Parties Cross Motions for Summary Judgment. (ahm, COURT STAFF) (Filed on 6/14/2018) (Entered: 06/14/2018)
2018-06-14Set/Reset Deadlines as to 25 Cross-MOTION for Summary Judgment. Replies due by 6/22/2018. (ahm, COURT STAFF) (Filed on 6/14/2018) (Entered: 06/14/2018)
2018-06-2233REPLY in Support (re 25 Cross-MOTION for Summary Judgment) filed by National Marine Fisheries Service. (Attachments: # 1 Declaration Mark H. Graff, # 2 Declaration Robert L. Gregory, # 3 Declaration Donald Tanner)(Wang, Jennifer) (Filed on 6/22/2018) Modified on 6/26/2018 (slhS, COURT STAFF). (Entered: 06/22/2018)
2018-06-2834CLERK'S NOTICE REGARDING TIME OF MOTION HEARING. To all parties and counsel of record: Please take notice that the hearing on the pending motions for summary judgment (Dkt. Nos. 12 & 25 ) currently scheduled for July 19, 2018 at 2:00 p.m. is advanced to 9:00 a.m., before Magistrate Judge Jacqueline Scott Corley, in Courtroom F, 15th Floor, Federal Building, 450 Golden Gate Avenue in San Francisco. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ahm, COURT STAFF) (Filed on 6/28/2018) (Entered: 06/28/2018)
2018-06-28Set/Reset Deadlines as to 12 MOTION for Summary Judgment , 25 Cross-MOTION for Summary Judgment. Motion Hearing reset for 7/19/2018 at 9:00 AM in San Francisco, Courtroom F, 15th Floor before Magistrate Judge Jacqueline Scott Corley. (ahm, COURT STAFF) (Filed on 6/28/2018) (Entered: 06/28/2018)
2018-06-2935Minute Entry for proceedings held before Magistrate Judge Donna M. Ryu: Settlement Conference held on 6/29/2018. Defendant will respond to current demand by contacting Judge Ryu by 7/6/2018. If the parties do not reach a global settlement by 7/9/2018, they tentatively have agreed on a plan to narrow the issues to be decided in the cross motions for summary judgment. FTR Time: Not Recorded. Attachment: Civil Conference Minute Order. (ig, COURT STAFF) (Date Filed: 6/29/2018) (Entered: 07/03/2018)
2018-07-1036CLERK'S NOTICE CONTINUING MOTION HEARING. To all parties and counsel of record: Please take notice that by the request of the parties, the hearing on the pending motions for summary judgment (Dkt. Nos. 12 & 25 ) currently scheduled for July 19, 2018 is continued to September 20, 2018 at 9:00 a.m., before Magistrate Judge Jacqueline Scott Corley, in Courtroom F, 15th Floor, Federal Building, 450 Golden Gate Avenue in San Francisco. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ahm, COURT STAFF) (Filed on 7/10/2018) (Entered: 07/10/2018)
2018-07-10Set/Reset Deadlines as to 12 MOTION for Summary Judgment , 25 Cross-MOTION for Summary Judgment. Motion Hearing reset for 9/20/2018 at 9:00 AM in San Francisco, Courtroom F, 15th Floor before Magistrate Judge Jacqueline Scott Corley. (ahm, COURT STAFF) (Filed on 7/10/2018) (Entered: 07/10/2018)
2018-07-1037Minute Entry for proceedings held before Magistrate Judge Donna M. Ryu: Further telephonic settlement discussions held 7/9-10/2018. Parties have reached an agreement in principle. Judge Ryu scheduled a brief follow-up call on 7/12/2018 03:30 PM. The parties shall promptly notify Judge Ryu if the call is not needed. FTR Time: Not Recorded. Attachment: Civil Conference Minute Order. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ig, COURT STAFF) (Date Filed: 7/10/2018) (igS, COURT STAFF). (Entered: 07/10/2018)
2018-07-1238CLERK'S NOTICE: The parties have notified Magistrate Judge Donna M. Ryu that today's further telephonic settlement conference is not necessary; therefore, the further telephonic settlement conference set for 7/12/2018 03:30 PM is VACATED. (This is a text-only entry generated by the court. There is no document associated with this entry.) (igS, COURT STAFF) (Filed on 7/12/2018) (Entered: 07/12/2018)
2018-07-1239ORDER OF DISMISSAL. Signed by Magistrate Judge Jacqueline Scott Corley on 7/12/2018. (ahm, COURT STAFF) (Filed on 7/12/2018) (Entered: 07/12/2018)
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