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Case TitleGunster, Yoakley & Stewart, P.A. et al v. United States Department of the Interior
DistrictSouthern District of Florida
CityWest Palm Beach
Case Number9:2019cv80438
Date Filed2019-03-28
Date Closed2019-05-23
JudgeJudge Donald M. Middlebrooks
PlaintiffGunster, Yoakley & Stewart, P.A.
PlaintiffUnited States Sugar Corporation
Case DescriptionThe law firm of Gunster, Yoakley & Stewart, on behalf of their client the United States Sugar Corporation, submitted a FOIA request to the Department of the Interior for records concerning communications from five officials at the Office of Everglades Restoration Initiatives containing a variety of keywords. The agency acknowledged receipt of the request and told the law firm that it considered the law firm a commercial requester. The law firm then asked for a fee estimate, but after failing to settle the issue, the law firm filed suit.
Complaint issues: Failure to respond within statutory time limit, Fee Category - Commercial, Litigation - Attorney's fees

DefendantUnited States Department of the Interior
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

2019-03-281COMPLAINT for Injunctive and Declaratory Relief against All Defendants. Filing fees $ 400.00 receipt number 113C-11512572, filed by Gunster, Yoakley & Stewart, P.A., United States Sugar Corporation. (Attachments: # 1 Civil Cover Sheet, # 2 Summon(s), # 3 Exhibit A, # 4 Exhibit B, # 5 Exhibit C, # 6 Exhibit D, # 7 Exhibit E, # 8 Exhibit F)(Singer, Stuart) (Entered: 03/28/2019)
2019-03-282Clerks Notice of Judge Assignment to Judge Donald M. Middlebrooks and Magistrate Judge Dave Lee Brannon. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Dave Lee Brannon is available to handle any or all proceedings in this case. If agreed, parties should complete and file the Consent form found on our website. It is not necessary to file a document indicating lack of consent. (vmz) (Entered: 03/28/2019)
2019-03-283Summons Issued as to United States Department of the Interior. (vmz) (Entered: 03/28/2019)
2019-04-034Plaintiff's MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Samuel C. Kaplan. Filing Fee $ 75.00 Receipt # 113C-11530025 by Gunster, Yoakley & Stewart, P.A., United States Sugar Corporation. Responses due by 4/17/2019 (Attachments: # 1 Text of Proposed Order)(Singer, Stuart) (Entered: 04/03/2019)
2019-04-045SUMMONS (Affidavit) Returned Executed by Gunster, Yoakley & Stewart, P.A., United States Sugar Corporation. United States Department of the Interior served on 4/1/2019, answer due 5/31/2019. (Singer, Stuart) (Entered: 04/04/2019)
2019-04-046PAPERLESS ORDER granting 4 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Samuel C. Kaplan. Signed by Judge Donald M. Middlebrooks on 4/4/2019. (mbt) (Entered: 04/04/2019)
2019-04-157NOTICE by Gunster, Yoakley & Stewart, P.A., United States Sugar Corporation of Erroneously Calendared Answer Date (Singer, Stuart) (Entered: 04/15/2019)
2019-04-158PAPERLESS ORDER. On April 4, 2019, Plaintiffs filed a Return of Service indicating that Defendant United States Department of the Interior was served on April 1, 2019. (DE 5 ). The docket text attendant to this filing states that an answer is due on May 31, 2019. (Id.). This is an action filed under the Freedom of Information Act, however, and in such an action, "[n]otwithstanding any other provision of law, the defendant shall serve an answer or otherwise plead to any complaint made under this subsection within thirty days after service." 5 U.S.C. § 522(a)(4)(C). Accordingly, Defendant is directed to file a response to Plaintiffs' Complaint (DE 1 ) on or before May 1, 2019 Signed by Judge Donald M. Middlebrooks on 4/15/2019. (mbt) (Entered: 04/15/2019)
2019-04-229SCHEDULING ORDER: (Trial set for 2/3/2020 at 9:00 AM in West Palm Beach Division before Judge Donald M. Middlebrooks., Calendar Call set for 1/29/2020 at 1:15 PM in West Palm Beach Division before Judge Donald M. Middlebrooks.), ORDER REFERRING CASE to Magistrate Judge Dave Lee Brannon to enter a Scheduling Order. Signed by Judge Donald M. Middlebrooks on 4/22/2019. See attached document for full details. (pes) Pattern Jury Instruction Builder - To access the latest, up to date changes to the 11th Circuit Pattern Jury Instructions go to https://pji.ca11.uscourts.gov or click here. (Entered: 04/23/2019)
2019-04-2610PAPERLESS ORDER SETTING TELEPHONIC SCHEDULING CONFERENCE. Telephone Conference set for May 3, 2019 at 2:00 P.M. in West Palm Beach Division before U.S. Magistrate Judge Dave Lee Brannon. At that time, the parties shall call (888) 808-6929 and enter access code 2036573. Any motions to modify the existing trial date should be filed prior to the telephonic scheduling conference. Because of the expedited nature of the conference, the parties are relieved of Local Rule 16.1(b)s conference report requirement. The parties must be prepared at their assigned time but may have to wait 10-20 minutes before their conference begins, as the Court sets three cases per 30-minute time slot. Signed by Magistrate Judge Dave Lee Brannon on 4/26/2019. (spe) (Entered: 04/26/2019)
2019-04-2611Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to 1 Complaint, by United States Department of the Interior. Attorney Carlos Javier Raurell added to party United States Department of the Interior(pty:dft). (Raurell, Carlos) (Entered: 04/26/2019)
2019-04-2912PAPERLESS ORDER granting in part 11 Unopposed Motion for Extension of Time. Defendant moves for a sixty-day extension of the deadline to respond to Plaintiff's Complaint on the basis that the Parties are working to formulate a schedule for the production of information responsive to Plaintiffs' requests. Considering that the Freedom of Information Act generally requires a response to be filed within thirty days, however, I do not find good cause exists to grant the broad relief requested. See 5 U.S.C. § 522(a)(4)(C). I will grant the motion in part, however. The deadline for Defendant to respond to Plaintiffs' Complaint (DE 1 ) is extended to May 31, 2019. No other deadlines are modified or extended as a result of this Order. Signed by Judge Donald M. Middlebrooks on 4/29/2019. (mbt) (Entered: 04/29/2019)
2019-05-0313PAPERLESS MINUTE ENTRY for proceedings held before U.S. Magistrate Judge Dave Lee Brannon: Telephonic Scheduling Conference held on 5/3/2019. Attorney Appearances: Johnathan Lott, Esq. and Samuel Kaplan, Esq. for Plaintiffs | AUSA Carlos Raurell for Defendant. Pretrial and scheduling matters discussed. Counsel advise of ongoing productive conversations re: the possibility of an agreed production schedule. Scheduling Order to follow. (Total Time in Court: 5 mins. | Digital: 14:10:09) (jrz) (Entered: 05/03/2019)
2019-05-0314PRETRIAL SCHEDULING ORDER AND ORDER REFERRING CASE TO MEDIATION: (Amended Pleadings due by 7/1/2019., Discovery due by 11/4/2019., Joinder of Parties due by 7/1/2019., In Limine Motions due by 12/2/2019., Motions due by 12/2/2019., Pretrial Stipulation due by 1/6/2020.), ORDER REFERRING CASE to Mediation. Signed by Magistrate Judge Dave Lee Brannon on 5/3/2019. See attached document for full details. (mc) (Entered: 05/06/2019)
2019-05-2015Joint MOTION to Stay and for Entry of Production Schedule by Gunster, Yoakley & Stewart, P.A., United States Sugar Corporation. Responses due by 6/3/2019 (Attachments: # 1 Exhibit A, # 2 Text of Proposed Order)(Singer, Stuart) (Entered: 05/20/2019)
2019-05-2316ORDER granting 15 Motion to Stay. filed by United States Sugar Corporation, Gunster, Yoakley & Stewart, P.A. Closing Case. Signed by Judge Donald M. Middlebrooks on 5/23/2019. See attached document for full details. (jao) (Entered: 05/23/2019)
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by FOIA Project Staff
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