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Case TitleCenter For Biological Diversity v. Bureau of Land Management
DistrictNorthern District of California
CitySan Jose
Case Number5:2019cv01611
Date Filed2019-03-28
Date ClosedOpen
JudgeJudge Edward J. Davila
PlaintiffCenter For Biological Diversity
Case DescriptionThe Center for Biological Diversity submitted a FOIA request to the Bureau of Land Management for records concerning the resource management plan for the Southern Diablo Range and Central Coast of California and amendments to the plan allowing for gas and oil exploration. The agency acknowledged receipt of the request, but after hearing nothing further from the agency, the Center for Biological Diversity filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Attorney's fees

DefendantU.S. Bureau of Land Management
Documents
Docket
Complaint
Complaint attachment 1
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2019-03-281COMPLAINT against Bureau of Land Management ( Filing fee $ 400, receipt number 0971-13210604.). Filed byCenter For Biological Diversity. (Attachments: # 1 Civil Cover Sheet)(Lakewood, Clare) (Filed on 3/28/2019) (Entered: 03/28/2019)
2019-03-282Proposed Summons. (Lakewood, Clare) (Filed on 3/28/2019) (Entered: 03/28/2019)
2019-03-283Certificate of Interested Entities by Center For Biological Diversity re 1 Complaint (Lakewood, Clare) (Filed on 3/28/2019) (Entered: 03/28/2019)
2019-03-284Case assigned to Judge Nathanael M. Cousins. 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 4/11/2019. (ajsS, COURT STAFF) (Filed on 3/28/2019) (Entered: 03/28/2019)
2019-03-285Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 6/19/2019. Initial Case Management Conference set for 6/26/2019 10:00 AM in San Jose, Courtroom 5, 4th Floor. (sfbS, COURT STAFF) (Filed on 3/28/2019) (Entered: 03/28/2019)
2019-03-286Summons Issued as to U.S. Bureau of Land Management. (sfbS, COURT STAFF) (Filed on 3/28/2019) (Entered: 03/28/2019)
2019-04-097*Filing Error* CERTIFICATE OF SERVICE by Center For Biological Diversity re 1 Complaint (Lakewood, Clare) (Filed on 4/9/2019) Modified on 4/10/2019 (sfbS, COURT STAFF). (Entered: 04/09/2019)
2019-04-098CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Center For Biological Diversity.. (Lakewood, Clare) (Filed on 4/9/2019) (Entered: 04/09/2019)
2019-04-10Electronic filing error . Incorrect event used. [err101] **Re-File as Summons Returned Executed** Please re-file in its entirety. Re: 7 Certificate of Service filed by Center For Biological Diversity (sfbS, COURT STAFF) (Filed on 4/10/2019) (Entered: 04/10/2019)
2019-04-269SUMMONS Returned Executed (FOIA) by Center For Biological Diversity. U.S. Bureau of Land Management served on 4/3/2019, answer due 5/3/2019. (Attachments: # 1 Exhibit Return Receipts/Proof of Delivery)(Lakewood, Clare) (Filed on 4/26/2019) (Entered: 04/26/2019)
2019-05-0310Federal Defendant's ANSWER to Complaint byU.S. Bureau of Land Management. (Pyle, Michael) (Filed on 5/3/2019) (Entered: 05/03/2019)
2019-05-0611CLERK'S NOTICE REGARDING Consent or Declination: Defendant shall file a consent or declination to proceed before a magistrate judge by 5/20/2019. 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. (This is a text-only entry generated by the court. There is no document associated with this entry.) (lmh, COURT STAFF) (Filed on 5/6/2019) (Entered: 05/06/2019)
2019-05-1712CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by U.S. Bureau of Land Management.. (Pyle, Michael) (Filed on 5/17/2019) (Entered: 05/17/2019)
2019-05-1713CLERK'S NOTICE OF IMPENDING REASSIGNMENT TO A U.S. DISTRICT COURT JUDGE: The Clerk of this Court will now randomly reassign this case to a District Judge because a party has not consented to the jurisdiction of a Magistrate Judge. You will be informed by separate notice of the district judge to whom this case is reassigned. ALL HEARING DATES PRESENTLY SCHEDULED BEFORE THE CURRENT MAGISTRATE JUDGE ARE VACATED. This is a text only docket entry; there is no document associated with this notice. (lmh, COURT STAFF) (Filed on 5/17/2019) (Entered: 05/17/2019)
2019-05-2014ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Edward J. Davila for all further proceedings. Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras. Magistrate Judge Nathanael M. Cousins remains as referral judge assigned to case. Reassignment Order signed by Clerk on 5/20/2019. (Attachments: # 1 Notice of Eligibility for Video Recording) (bwS, COURT STAFF) (Filed on 5/20/2019) (Entered: 05/20/2019)
2019-05-2015(Text Only) CLERKS NOTICE RESETTING CASE MANAGEMENT CONFERENCE FOLLOWING REASSIGNMENT. Joint Case Management Statement due by 8/29/2019. Initial Case Management Conference set for 9/05/2019 10:00 AM in San Jose, Courtroom 4, 5th Floor before Hon. Edward J. Davila. The Court does not issue a revised Initial Case Management Scheduling Order with ADR Deadlines. Standing orders can be downloaded from the court's web page at http://cand.uscourts.gov/ejdorders. This is a text only docket entry, there is no document associated with this notice. (tshS, COURT STAFF) (This is a text-only entry generated by the court. There is no document associated with this entry.) (tshS, COURT STAFF) (Filed on 5/20/2019) (Entered: 05/21/2019)
2019-06-0316ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Lakewood, Clare) (Filed on 6/3/2019) (Entered: 06/03/2019)
2019-06-0417ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Pyle, Michael) (Filed on 6/4/2019) (Entered: 06/04/2019)
2019-07-2918STIPULATION WITH PROPOSED ORDER on Case Management and FOIA Record Production filed by U.S. Bureau of Land Management. (Pyle, Michael) (Filed on 7/29/2019) (Entered: 07/29/2019)
2019-07-3019Order Granting as Modified 18 Stipulation re Case Management and Production of FOIA Records Signed by Judge Edward J. Davila on 7/30/2019. The case management conference set for 9/5/2019 is continued until 4/23/2020; joint case management statement due 4/13/2020.(ejdlc1S, COURT STAFF) (Filed on 7/30/2019) (Entered: 07/30/2019)
2019-07-30***Set Deadlines/Hearings per ECF 19 Order: Joint Case Management Statement due by 4/13/2020. Initial Case Management Conference set for 4/23/2020 10:00 AM in San Jose, Courtroom 4, 5th Floor. (amkS, COURT STAFF) (Filed on 7/30/2019) (Entered: 07/30/2019)
2019-08-1620NOTICE of Substitution of Counsel by Emmet P. Ong (Ong, Emmet) (Filed on 8/16/2019) (Entered: 08/16/2019)
2020-01-3021NOTICE of Change of Address by Emmet P. Ong (Ong, Emmet) (Filed on 1/30/2020) (Entered: 01/30/2020)
2020-03-0522NOTICE of Substitution of Counsel by Christopher Frederick Jeu (Jeu, Christopher) (Filed on 3/5/2020) (Entered: 03/05/2020)
2020-03-1923Joint MOTION for Extension of Time to Complete Discovery filed by U.S. Bureau of Land Management. (Jeu, Christopher) (Filed on 3/19/2020) (Entered: 03/19/2020)
2020-03-1924Order granting 23 Motion for Extension of Time to Complete Discovery and continuing cmc. Signed by Judge Edward J. Davila on 3/19/2020. Case Management Statement due by 6/1/2020. Initial Case Management Conference set for 6/11/2020 10:00 AM in San Jose, Courtroom 4, 5th Floor. (ejdlc3S, COURT STAFF) (Filed on 3/19/2020) (Entered: 03/19/2020)
2020-05-2625STIPULATION WITH PROPOSED ORDER on Case Management and FOIA Record Production filed by Center For Biological Diversity. (Lakewood, Clare) (Filed on 5/26/2020) (Entered: 05/26/2020)
2020-05-2626ORDER on Case Management and FOIA Record Production. Signed by Judge Edward J. Davila on 5/26/2020. (ejdlc1S, COURT STAFF) (Filed on 5/26/2020) (Entered: 05/26/2020)
2020-05-26***Set Deadlines/Hearings per ECF 26 Order: Joint Case Management Statement due by 9/14/2020. Initial Case Management Conference set for 9/24/2020 10:00 AM in San Jose, Courtroom 4, 5th Floor. (amkS, COURT STAFF) (Filed on 5/26/2020) (Entered: 05/26/2020)
2020-08-1327STIPULATION WITH PROPOSED ORDER on Case Management and FOIA Record Production filed by Center For Biological Diversity. (Lakewood, Clare) (Filed on 8/13/2020) (Entered: 08/13/2020)
2020-08-1328Order Granting 27 Stipulation on Case Management and FOIA Record Production. CMC statement due 10/26/2020; CMC scheduled for 11/5/2020 at 10:00 a.m. Signed by Judge Edward J. Davila on 8/13/2020. (ejdlc3S, COURT STAFF) (Filed on 8/13/2020) (Entered: 08/13/2020)
2020-08-13***Set Deadlines/Hearings per ECF 28 Order: Joint Case Management Statement due by 10/26/2020. Initial Case Management Conference set for 11/5/2020 10:00 AM in San Jose, Courtroom 4, 5th Floor. (amkS, COURT STAFF) (Filed on 8/13/2020) (Entered: 08/13/2020)
2020-08-2829MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-14875746.) filed by Center For Biological Diversity. (Atwood, Amy) (Filed on 8/28/2020) (Entered: 08/28/2020)
2020-08-2830ORDER Granting 29 Application for Admission of Attorney Pro Hac Vice for Amy Atwood, Counsel for Plaintiffs. Signed by Judge Edward J. Davila on 8/28/2020. (amkS, COURT STAFF) (Filed on 8/28/2020) (Entered: 08/28/2020)
2020-08-3131Joint MOTION for Extension of Time to Complete Discovery filed by U.S. Bureau of Land Management. (Attachments: # 1 Proposed Order)(Jeu, Christopher) (Filed on 8/31/2020) (Entered: 08/31/2020)
2020-08-3132Order Granting 31 Motion for Extension of Time to Complete Discovery. Signed by Judge Edward J. Davila on 8/31/2020. (ejdlc1, COURT STAFF) (Filed on 8/31/2020) (Entered: 08/31/2020)
2020-10-1933STIPULATION WITH PROPOSED ORDER re 32 Order on Motion for Extension of Time to Complete Discovery filed by U.S. Bureau of Land Management. (Attachments: # 1 Proposed Order)(Jeu, Christopher) (Filed on 10/19/2020) (Entered: 10/19/2020)
2020-10-2034Order Granting 33 Stipulation on Case Management. Signed by Judge Edward J. Davila on 10/20/2020. (ejdlc1, COURT STAFF) (Filed on 10/20/2020) (Entered: 10/20/2020)
2020-10-20***Set Deadlines/Hearings per ECF 34 Order: Joint Case Management Statement due by 12/28/2020. Initial Case Management Conference set for 1/7/2021 10:00 AM in San Jose, Courtroom 4, 5th Floor. (amkS, COURT STAFF) (Filed on 10/20/2020) (Entered: 10/20/2020)
2020-12-1735MOTION for Extension of Time to File Stipulation re Next Steps filed by U.S. Bureau of Land Management. (Attachments: # 1 Declaration, # 2 Proposed Order)(Jeu, Christopher) (Filed on 12/17/2020) (Entered: 12/17/2020)
2020-12-1836ORDER GRANTING 35 ADMINISTRATIVE MOTION TO EXTEND DEADLINE TO FILE A STIPULATION OR OTHER DOCUMENT ON FOIA CASE MANAGEMENT. Signed by Judge Edward J. Davila on 12/18/2020.(ejdlc1S, COURT STAFF) (Filed on 12/18/2020) (Entered: 12/18/2020)
2020-12-2337Joint MOTION for Extension of Time to Complete Discovery filed by U.S. Bureau of Land Management. (Attachments: # 1 Declaration, # 2 Proposed Order)(Jeu, Christopher) (Filed on 12/23/2020) (Entered: 12/23/2020)
2020-12-2338Order Granting 37 Joint Stipulation on Case Management. Signed by Judge Edward J. Davila on 12/23/2020. (ejdlc1S, COURT STAFF) (Filed on 12/23/2020) (Entered: 12/23/2020)
2020-12-23***Set Deadlines/Hearings per ECF 38 Order: Joint Case Management Statement due by 5/17/2021. Initial Case Management Conference set for 5/27/2021 10:00 AM in San Jose, Courtroom 4, 5th Floor. (amkS, COURT STAFF) (Filed on 12/23/2020) (Entered: 12/23/2020)
2021-05-1039STIPULATION WITH PROPOSED ORDER re 38 Order on Motion for Extension of Time to Complete Discovery re Case Management and Next Steps filed by U.S. Bureau of Land Management. (Attachments: # 1 Proposed Order)(Jeu, Christopher) (Filed on 5/10/2021) (Entered: 05/10/2021)
2021-05-1140ORDER GRANTING 39 STIPULATION ON CASE MANAGEMENT AND NEXT STEPS. Signed by Judge Edward J. Davila on 5/11/2021. Case Management Statement due by 6/28/2021. Further Case Management Conference set for 7/8/2021 10:00 AM in San Jose, Courtroom 4, 5th Floor. (ejdlc1S, COURT STAFF) (Filed on 5/11/2021) (Main Document 40 replaced with correct document on 5/11/2021) (jy, COURT STAFF). Modified on 5/11/2021 (jy, COURT STAFF). (Entered: 05/11/2021)
2021-06-2841STIPULATION WITH PROPOSED ORDER ON CASE MANAGEMENT filed by Center For Biological Diversity. (Lakewood, Clare) (Filed on 6/28/2021) (Entered: 06/28/2021)
2021-06-2842Order granting 41 Stipulation re Case Management. Signed by Judge Edward J. Davila on 6/28/2021. (ejdlc1S, COURT STAFF) (Filed on 6/28/2021) (Entered: 06/28/2021)
2021-06-28***Set Deadlines/Hearings per ECF 42 Order: Joint Case Management Statement due by 8/16/2021. Further Case Management Conference set for 8/26/2021 10:00 AM in San Jose, Courtroom 4, 5th Floor. (amkS, COURT STAFF) (Filed on 6/28/2021) (Entered: 06/29/2021)
2021-08-1243STIPULATION WITH PROPOSED ORDER ON CASE MANAGEMENT filed by Center For Biological Diversity. (Lakewood, Clare) (Filed on 8/12/2021) (Entered: 08/12/2021)
2021-08-1244Order granting 43 Stipulation re Case Management. Signed by Judge Edward J. Davila on 8/12/2021. (ejdlc1S, COURT STAFF) (Filed on 8/12/2021) (Entered: 08/12/2021)
2021-08-12***Set Deadlines/Hearings per ECF 44 Order: Joint Case Management Statement due by 9/27/2021. Initial Case Management Conference set for 10/7/2021 10:00 AM in San Jose, Courtroom 4, 5th Floor. (amkS, COURT STAFF) (Filed on 8/12/2021) (Entered: 08/13/2021)
2021-09-1645STIPULATION WITH PROPOSED ORDER ON CASE MANAGEMENT filed by Center For Biological Diversity, U.S. Bureau of Land Management. (Lakewood, Clare) (Filed on 9/16/2021) Modified on 9/17/2021 (cjlS, COURT STAFF). (Entered: 09/16/2021)
2021-09-1646Order granting 45 Stipulation re Case Management. Signed by Judge Edward J. Davila on 9/16/2021. (ejdlc1S, COURT STAFF) (Filed on 9/16/2021) (Entered: 09/16/2021)
2021-09-16***Set Deadlines/Hearings per ECF 46 Order: Joint Case Management Statement due by 11/8/2021. Initial Case Management Conference set for 11/18/2021 10:00 AM in San Jose, Courtroom 4, 5th Floor. (amkS, COURT STAFF) (Filed on 9/16/2021) (Entered: 09/17/2021)
2021-10-2147STIPULATION FOR DISMISSAL WITH PREJUDICE filed by Center For Biological Diversity. (Attachments: # 1 Stipulation of Settlement and Dismissal with Prejudice)(Lakewood, Clare) (Filed on 10/21/2021) (Entered: 10/21/2021)
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