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Case TitleNational Parks Conservation Association v. US Department of the Navy
DistrictWestern District of Washington
CitySeattle
Case Number2:2019cv00645
Date Filed2019-05-02
Date Closed2022-04-19
JudgeJudge Thomas S. Zilly
PlaintiffNational Parks Conservation Association a non-profit corporation
Case DescriptionThe National Parks Conservation Association submitted two FOIA requests to the Department of the Navy for records concerning environmental impact statements for military activities affecting the Olympic Peninsula. The agency acknowledged receipt of the requests. The agency ultimately provided 158 pages, but withheld records under Exemption 5 (privileges). NPCA filed an administrative appeal of the Navy's decision. After hearing nothing further from the agency, NPCA filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Attorney's fees

DefendantUS Department of the Navy a federal agency
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Opinion/Order [6]
Opinion/Order [9]
Opinion/Order [12]
Opinion/Order [16]
Opinion/Order [23]
Opinion/Order [26]
Opinion/Order [50]
Opinion/Order [55]
Opinion/Order [69]
Opinion/Order [76]
Opinion/Order [78]
Opinion/Order [82]
Opinion/Order [84]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2019-05-021COMPLAINT for Declaratory and Injunctive Relief against defendant(s) United States Department of the Navy (Receipt # 0981-5751724), filed by National Parks Conservation Association. (Attachments: # 1 Civil Cover Sheet, # 2 Summons)(Tonry, Claire) (Entered: 05/02/2019)
2019-05-022APPLICATION OF ATTORNEY Thomas Buchele FOR LEAVE TO APPEAR PRO HAC VICE for Plaintiff National Parks Conservation Association (Fee Paid) Receipt No. 0981-5751790 (Tonry, Claire) (Entered: 05/02/2019)
2019-05-023ORDER re 2 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Thomas Buchele for Plaintiff National Parks Conservation Association by Clerk William M McCool. No document associated with this docket entry, text only. NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d). (DS) (Entered: 05/02/2019)
2019-05-03Judge Thomas S. Zilly added. (GT) (Entered: 05/03/2019)
2019-05-03NOTICE Pursuant to Fed.R.Civ.P 7.1, Plaintiff(s) must file a Corporate Disclosure Statement by 5/10/2019. (GT) (Entered: 05/03/2019)
2019-05-034Summons Electronically Issued as to defendant US Department of the Navy. (GT) (Entered: 05/03/2019)
2019-05-035CORPORATE DISCLOSURE STATEMENT indicating no Corporate Parents and/or Affiliates. Filed pursuant to Fed.R.Civ.P 7.1. Filed by National Parks Conservation Association (Tonry, Claire) (Entered: 05/03/2019)
2019-05-166ORDER directing counsel to confer and to file a Joint Status Report by 8/16/2019. Signed by Judge Thomas S. Zilly. (SWT) (Entered: 05/16/2019)
2019-06-057NOTICE of Appearance by attorney Katie Denise Fairchild on behalf of Defendant US Department of the Navy. (Fairchild, Katie) (Entered: 06/05/2019)
2019-07-108Stipulated MOTION to Stay Litigation , filed by Defendant US Department of the Navy. Noting Date 7/10/2019, (Fairchild, Katie) (Entered: 07/10/2019)
2019-07-159MINUTE ORDER granting parties' 8 Stipulated Motion treated as a Motion for Extension; extending deadline for counsel to confer and file a Joint Status Report to 10/2/2019. This case remains on the active docket. Authorized by Judge Thomas S. Zilly. (SWT) (Entered: 07/15/2019)
2019-09-3010Joint Stipulated MOTION to Extend Deadlines , filed by Defendant US Department of the Navy. Noting Date 9/30/2019, (Fairchild, Katie) (Entered: 09/30/2019)
2019-10-0211JOINT STATUS REPORT signed by all parties estimated Trial Days: 3. (Fairchild, Katie) (Entered: 10/02/2019)
2019-10-0312MINUTE ORDER granting in part and striking in part as moot parties 10 Stipulated Motion for Extension: deadline for defendant to file a responsive pleading or motion is extended to 11/8/2019; regarding parties' 11 Joint Status Report, the Court SETS the following deadlines: Dispositive motions due by 3/30/2020, Plaintiff shall file any cross-motion, consolidated with its response to defendant's motion by 4/30/2020, Defendant's response to plaintiff's cross-motion, consolidated with its reply in support of its own motion shall be filed by 5/18/2020, Plaintiff's reply in support of its cross-motion shall be filed by 5/22/2020. Authorized by Judge Thomas S. Zilly.(SWT) (Entered: 10/03/2019)
2019-11-0813ANSWER to 1 Complaint, by US Department of the Navy.(Fairchild, Katie) (Entered: 11/08/2019)
2020-02-2714Unopposed MOTION for Leave to File Supplemental Complaint , filed by Plaintiff National Parks Conservation Association. (Attachments: # 1 Exhibit Supplemental Complaint, # 2 Exhibit Red-line Supplemental Complaint, # 3 Proposed Order) Noting Date 2/27/2020, (Tonry, Claire) (Entered: 02/27/2020)
2020-02-2715DECLARATION of Tom Buchele filed by Plaintiff National Parks Conservation Association re 14 Unopposed MOTION for Leave to File Supplemental Complaint (Tonry, Claire) (Entered: 02/27/2020)
2020-03-0616MINUTE ORDER granting Plaintiff's 14 Motion for Leave to File Supplemental Complaint: Plaintiff shall electronically file its supplemental complaint within seven (7) days of the date of this Minute Order. Defendant's responsive pleading or motion shall be filed within fourteen (14) days after the supplemental complaint is filed. The deadlines for dispositive motions and related briefing set forth in the Minute Order entered 10/3/2019, docket no. 12 , are STRICKEN. Within twenty-eight (28) days after the supplemental complaint is filed, or by 4/10/2020, whichever is earlier, the parties shall meet and confer and file a Joint Status Report setting forth proposed deadlines for dispositive motions and related briefing. Authorized by Judge Thomas S. Zilly.(MW) (Entered: 03/06/2020)
2020-03-0917Supplemental AMENDED COMPLAINT against defendant(s) US Department of the Navy, filed by National Parks Conservation Association.(Tonry, Claire) (Entered: 03/09/2020)
2020-03-2318ANSWER to 17 Amended Complaint by US Department of the Navy.(Fairchild, Katie) (Entered: 03/23/2020)
2020-04-0319NOTICE of Appearance by attorney Kristin Berger Johnson on behalf of Defendant US Department of the Navy. (Johnson, Kristin) (Entered: 04/03/2020)
2020-04-0620JOINT STATUS REPORT signed by all parties. (Fairchild, Katie) (Entered: 04/06/2020)
2020-04-0621DECLARATION of Tom Buchele re 20 Joint Status Report by Defendant US Department of the Navy (Fairchild, Katie) (Entered: 04/06/2020)
2020-04-0622DECLARATION of COMMANDER ERIN QUAY, JAGC, U.S. NAVY re 20 Joint Status Report by Defendant US Department of the Navy (Attachments: # 1 Exhibit 1)(Fairchild, Katie) (Entered: 04/06/2020)
2020-04-0823MINUTE ORDER: Having reviewed the parties' Joint Status Report, docket no. 20 , and the Declarations of Tom Buchele, docket no. 21 , and Commander Erin Quay, docket no. 22 , the Court ORDERS as follows. (a) On or before 5/8/2020, defendant shall (i) release to plaintiff any and all materials not previously produced that are responsive to plaintiff's requests under the Freedom of Information Act ("FOIA") and not exempt from disclosure, and (ii) provide plaintiff with a "Vaughn index" listing each withheld document and explaining why it was not disclosed. See Vaughn v. Rosen, 484 F.2d 820 (D.C. Cir. 1973). (b) Dispositive motions shall be filed by 5/28/2020, and noted for the fourth Friday thereafter. Authorized by Judge Thomas S. Zilly. (MW) (Entered: 04/08/2020)
2020-04-2124NOTICE of Appearance by attorney Michelle R. Lambert on behalf of Defendant US Department of the Navy. (Lambert, Michelle) (Entered: 04/21/2020)
2020-05-2125Unopposed MOTION for Leave to File Over-length Motions and Briefs , filed by Plaintiff National Parks Conservation Association. (Attachments: # 1 Proposed Order) Noting Date 5/21/2020, (Tonry, Claire) (Entered: 05/21/2020)
2020-05-2626MINUTE ORDER granting Plaintiff's 25 Motion for Leave to File Over-length Motions and Briefs: Plaintiff's motion for summary judgment shall not exceed twenty-nine (29) pages in length. Any response shall not exceed twenty-nine (29) pages in length, and any reply shall not exceed fourteen-and-a-half (14) pages in length. Signed by Judge Thomas S. Zilly.(MW) (Entered: 05/26/2020)
2020-05-2827MOTION for Summary Judgment , filed by Defendant US Department of the Navy. (Attachments: # 1 Proposed Order Granting Motion for Summary Judgment, # 2 Supplement Acronym Key) Noting Date 6/19/2020, (Lambert, Michelle) (Entered: 05/28/2020)
2020-05-2828DECLARATION of Bradford B. Byrnes filed by Defendant US Department of the Navy re 27 MOTION for Summary Judgment (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit, # 13 Exhibit, # 14 Exhibit, # 15 Exhibit, # 16 Exhibit)(Lambert, Michelle) (Entered: 05/28/2020)
2020-05-2829DECLARATION of Bradford B. Byrnes filed by Defendant US Department of the Navy re 27 MOTION for Summary Judgment (Lambert, Michelle) (Entered: 05/28/2020)
2020-05-2830DECLARATION of Commander Erin Quay filed by Defendant US Department of the Navy re 27 MOTION for Summary Judgment (Attachments: # 1 Exhibit Q, # 2 Exhibit R, # 3 Exhibit S, # 4 Exhibit T, # 5 Exhibit U, # 6 Exhibit V, # 7 Exhibit X, # 8 Exhibit Y, # 9 Exhibit Z)(Lambert, Michelle) (Entered: 05/28/2020)
2020-05-2831DECLARATION of John Mosher filed by Defendant US Department of the Navy re 27 MOTION for Summary Judgment (Attachments: # 1 Exhibit W)(Lambert, Michelle) (Entered: 05/28/2020)
2020-05-2832MOTION for Summary Judgment , filed by Plaintiff National Parks Conservation Association. (Attachments: # 1 Exhibit Attachment 1 - 2016 Vaughn Index, # 2 Exhibit Attachment 2 - 2018 Vaughn Index, # 3 Exhibit Attachment 3 - EPA Referral Vaughn Index, # 4 Exhibit Attachment 4 - 2019 Vaughn Index, # 5 Exhibit Attachment 5 - Byrnes Declaration, # 6 Proposed Order) Noting Date 6/19/2020, (Tonry, Claire) (Entered: 05/28/2020)
2020-05-2833DECLARATION of Rob Smith filed by Plaintiff National Parks Conservation Association re 32 MOTION for Summary Judgment (Attachments: # 1 Exhibit A - Olympic National Park Factsheet, # 2 Exhibit B - Navy Growler Photo, # 3 Exhibit C - 2016 Seattle Times Article, # 4 Exhibit D - FAA Transit Routes, # 5 Exhibit E - 2017 New York Times Article, # 6 Exhibit F - 2016 Navy FOIA Request, # 7 Exhibit G - 2018 FOIA Request to Navy, # 8 Exhibit H - 2019 EPA FOIA Request, # 9 Exhibit I - 2017 Scoping Comments Letter, # 10 Exhibit J - 2019 NPCA Final Comment, # 11 Exhibit K - 2019 Draft SEIS Flight Transit Routes, # 12 Exhibit L - 2019 Bloomberg Noise Expert Report, # 13 Exhibit M - May 31 Buchele Email Request for Noise Data)(Tonry, Claire) (Entered: 05/28/2020)
2020-05-2834DECLARATION of Kevin Cassidy filed by Plaintiff National Parks Conservation Association re 32 MOTION for Summary Judgment (Attachments: # 1 Exhibit A - 2016 Navy's Initial Response, # 2 Exhibit B - 2016 Final Navy FOIA Appeal, # 3 Exhibit C - 2016 Navy Appeal Letter Remanding, # 4 Exhibit D - 2017 Navy Remand Response Letter, # 5 Exhibit E - 2017 Final Navy Admin Appeal, # 6 Exhibit F -2017 Remand From Second FOIA Appeal, # 7 Exhibit G - 2018 Signed Letter to Shannon, # 8 Exhibit H - Aug 8 Email to Brival, # 9 Exhibit I - Aug 13 Email from Brival, # 10 Exhibit J - Aug 14 Email Exchange re Eaves, # 11 Exhibit K - Oct 29 Quay Email to Cassidy, # 12 Exhibit L -Mar 28 Cassidy Email to Strong, # 13 Exhibit M - 2019 Partial FOIA Response Letter, # 14 Exhibit N - 2019 FOIA Response Letter, # 15 Exhibit O - 2019 FOIA Final Appeal, # 16 Exhibit P - 2019 Earthrise Remand of FOIA Appeal, # 17 Exhibit Q - 2019 Navy Letter to Buchele, # 18 Exhibit R - 2019 Admin Appeal of EPA Referral, # 19 Exhibit S - 2019 Navy Denial of FOIA Appeal, # 20 Exhibit T - Merged List of Preparers, # 21 Exhibit U - Merged Excerpts from 2010, 2015 EISs, # 22 Exhibit V - Excerpted USFS Decision Notice, # 23 Exhibit W - May 2020 Navy Appeal Denial)(Tonry, Claire) (Entered: 05/28/2020)
2020-05-2835DECLARATION of Morgan Staric filed by Plaintiff National Parks Conservation Association re 32 MOTION for Summary Judgment (Attachments: # 1 Exhibit A - 2019 Navy Response Letter, # 2 Exhibit B - Enclosing Letter, # 3 Exhibit C - 2019 Letter re FOIA Supp. Production, # 4 Exhibit D - FAA Transit Routes in Black & White, # 5 Exhibit E -Summary of Public Comment - Navy Permit EA, # 6 Exhibit F -2019 Navy FOIA Remand Response Letter, # 7 Exhibit G - 2019 Earthrise FOIA Remand Interim Response, # 8 Exhibit H - 2019 FOIA Enclosing Letter, # 9 Exhibit I - 2019 Navy Final Response to Remand, # 10 Exhibit J - 2019 Navy FOIA Appeal - Final, # 11 Exhibit K - Feb 18 Email from Zeigler, # 12 Exhibit L - Sep 23 Email from Johnson, # 13 Exhibit M - FOIA Online Search, # 14 Exhibit N - 2020 Navy FOIA Interim Response Letter, # 15 Exhibit O - NW Training and Testing Draft Supp. EIS, # 16 Exhibit P - Mar 4 NPCA 7736 Email, # 17 Exhibit Q - Oct 14 NPCA 9018 Email, # 18 Exhibit R - April 9 NPCAII 1618 Email, # 19 Exhibit S - Table of comments with redacted named, # 20 Exhibit T -2015 Post Lawsuit Letter - Redacted, # 21 Exhibit U - 2015 Post Lawsuit Letter - Unredacted, # 22 Exhibit V - May 10 EW Range Permit Objection Email - Redacted, # 23 Exhibit W - May 10 Email re Review of NWTT - Redacted, # 24 Exhibit X - Sept 7 Email 1 Non-Dod Source - Redacted, # 25 Exhibit Y - Sept 7 Email 2 Non-Dod Source - Redacted, # 26 Exhibit Z - Sept 7 NPCA EPA Ref. 286 Email, # 27 Exhibit AA - Sept 7 NPCA EPA Ref. 317 Email, # 28 Exhibit BB - Oct 16 NPCA 13429 Email - Redacted, # 29 Exhibit CC - Nov 14 FOIA Email from FWS - Unredacted, # 30 Exhibit DD - July 7 NPCA 12069 Email - Redacted, # 31 Exhibit EE - May 22 NWTT Comments Email - Redacted, # 32 Exhibit FF - 2019 EPA Draft SEIS Response Letter, # 33 Exhibit GG - July 19 USFS Decision Notice Email - Redacted, # 34 Exhibit HH - Table of Documents Missing on Vaughn, # 35 Exhibit II - Table of Records Missing Attachments, # 36 Exhibit JJ - Records for In Camera Review, # 37 Exhibit KK - Dec 18 NPCA 1648 Email, # 38 Exhibit LL - Sept 9 NPCA 12326 Email, # 39 Exhibit MM - Records to be Produced in Color)(Tonry, Claire) (Entered: 05/28/2020)
2020-06-1536RESPONSE, by Defendant US Department of the Navy, to 32 MOTION for Summary Judgment . (Attachments: # 1 Exhibit Acronym Key, # 2 Proposed Order)(Lambert, Michelle) (Entered: 06/15/2020)
2020-06-1537DECLARATION of John Mosher ("Mosher II Decl.") filed by Defendant US Department of the Navy re 32 MOTION for Summary Judgment (Lambert, Michelle) (Entered: 06/15/2020)
2020-06-1538DECLARATION of Erin Quay ("Quay II Decl.") filed by Defendant US Department of the Navy re 32 MOTION for Summary Judgment (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Lambert, Michelle) (Entered: 06/15/2020)
2020-06-1539RESPONSE, by Plaintiff National Parks Conservation Association, to 27 MOTION for Summary Judgment . (Tonry, Claire) (Entered: 06/15/2020)
2020-06-1540Second DECLARATION of Morgan Staric filed by Plaintiff National Parks Conservation Association re 27 MOTION for Summary Judgment (Attachments: # 1 Exhibit A - Oct 2019 production of NPCA 16313, # 2 Exhibit B - Oct 2019 production of NPCA 16314, # 3 Exhibit C - Appendix K to the 2015 EIS, # 4 Exhibit D - NPCA website comment on 2019 draft SEIS, # 5 Exhibit E - NPCA 6448, # 6 Exhibit F - NPCA 14815, # 7 Exhibit G - NPCA 12320, # 8 Exhibit H - NPCA 12153, # 9 Exhibit I - NPCAII 221 and attachment, # 10 Exhibit K - 2nd List of Records for In Camera Review, # 11 Exhibit L - NPCA 10812, # 12 Exhibit M -NPCA 11727, # 13 Exhibit N - June 15, 2020 email from Navy counsel, # 14 Exhibit O - NPCA_FAA 666 excerpt)(Tonry, Claire) (Entered: 06/15/2020)
2020-06-1541DECLARATION of Les Blomberg filed by Plaintiff National Parks Conservation Association re 27 MOTION for Summary Judgment (Attachments: # 1 Exhibit A - NPCA 14892, # 2 Exhibit B - NPCAIII 1)(Tonry, Claire) (Entered: 06/15/2020)
2020-06-1942REPLY, filed by Plaintiff National Parks Conservation Association, TO RESPONSE to 32 MOTION for Summary Judgment (Attachments: # 1 Proposed Order (Revised))(Tonry, Claire) (Entered: 06/19/2020)
2020-06-1943REPLY, filed by Defendant US Department of the Navy, TO RESPONSE to 27 MOTION for Summary Judgment (Lambert, Michelle) (Entered: 06/19/2020)
2020-06-1944DECLARATION of Brad Byrnes filed by Defendant US Department of the Navy re 27 MOTION for Summary Judgment (Attachments: # 1 Exhibit)(Lambert, Michelle) (Entered: 06/19/2020)
2020-06-1945Third DECLARATION of Commander Erin Quay filed by Defendant US Department of the Navy re 27 MOTION for Summary Judgment (Lambert, Michelle) (Entered: 06/19/2020)
2020-06-2246NOTICE of Intent to File Surreply re 44 Declaration, 45 Declaration, 43 Reply to Response to Motion ; filed by Plaintiff National Parks Conservation Association. (Tonry, Claire) (Entered: 06/22/2020)
2020-06-2447SURREPLY filed by Plaintiff National Parks Conservation Association re 27 MOTION for Summary Judgment (Tonry, Claire) (Entered: 06/24/2020)
2020-07-0648PRAECIPE to attach document and correct reply brief re 40 Declaration,,, 42 Reply to Response to Motion by Plaintiff National Parks Conservation Association (Attachments: # 1 Exhibit Corrected Reply Brief (ECF No. 42), # 2 Exhibit Corrected 2nd Staric Decl. (ECF No. 40), # 3 Exhibit P - (Exhibit to Corrected 2nd Staric Decl.))(Tonry, Claire) (Entered: 07/06/2020)
2020-09-2249NOTICE of Release of Navy's Final Supplemental Environmental Impact Statement ; filed by Plaintiff National Parks Conservation Association. (Tonry, Claire) (Entered: 09/22/2020)
2020-11-2050ORDER: Plaintiff's motion, docket no. 47 , to strike portions of defendant's reply, docket no. 43 , as well as the declarations of Bradford B. Byrnes, docket no. 44 , and Commander Erin Quay, docket no. 45 , is DENIED. The Navy's motion for summary judgment, docket no. 27 , is GRANTED in part and DEFERRED in part. Plaintiff's motion for summary judgment, docket no. 32 , is DENIED in part, STRICKEN in part as moot, and DEFERRED in part. The deferred portions of these motions are RENOTED to 1/8/2021. With respect to Exemption 3, on or before 12/4/2020, the parties shall file a Joint Status Report in the form described in Section II.C.1 on Page 14 of this Order. With respect to Exemption 5 and the documents redacted pursuant to the attorney-client privilege, on or before 12/4/2020, the Navy shall file revised Vaughn Indices and a supplemental declaration as indicated in Section II.C.2.b on Page 19 of this Order. With respect to Exemption 6, on or before 12/4/2020, the Navy shall (i) show cause why it should not be required to disclose to plaintiff which Navy personnel and contractors developed Appendices J and K to the NWTT Final Supplemental EIS/OEIS, and (ii) file a declaration as required in Section II.C.3 on Page 34 of this Order. Plaintiff's supplemental response (12 pages or less) is due by 12/28/2020, and the Navy's supplemental reply (six pages or less) is due by 1/8/2021. Signed by Judge Thomas S. Zilly. (MW) (Entered: 11/20/2020)
2020-12-0451NOTICE of Navy's Filing Pursuant to Court Order re 50 Order to Show Cause,,,,,,, Util - Set/Reset Motion Noting Date,,,,,,, Set Deadlines/Hearings,,,,,, ; filed by Defendant US Department of the Navy. (Fairchild, Katie) (Entered: 12/04/2020)
2020-12-0452DECLARATION of Bradford B. Byrnes re 51 Notice-Other by Defendant US Department of the Navy (Attachments: # 1 Exhibit 1 Vaughn Index, # 2 Exhibit 2 Vaughn Index)(Fairchild, Katie) (Entered: 12/04/2020)
2020-12-0453JOINT STATUS REPORT signed by all parties. Estimated Trial Days: n/a. (Tonry, Claire) (Entered: 12/04/2020)
2020-12-0454MOTION for Reconsideration re 50 Order to Show Cause,,,,,,, Util - Set/Reset Motion Noting Date,,,,,,, Set Deadlines/Hearings,,,,,, , filed by Plaintiff National Parks Conservation Association. (Attachments: # 1 Proposed Order) Noting Date 12/4/2020, (Tonry, Claire) (Entered: 12/04/2020)
2020-12-1555MINUTE ORDER re Plaintiff's 54 MOTION for Reconsideration. Plaintiff's motion for reconsideration, docket no. 54 , is DEFERRED and RENOTED to 1/8/2021. Defendant's response due 1/4/2021. Any reply due by 1/8/2021. Authorized by Judge Thomas S. Zilly. (PM) (Entered: 12/15/2020)
2020-12-2156Stipulated MOTION to Extend Deadlines and [Proposed] Order , filed by Defendant US Department of the Navy. Noting Date 12/21/2020, (Fairchild, Katie) (Entered: 12/21/2020)
2020-12-23The parties' stipulated motion, docket no. 56 , is GRANTED as follows. The deferred portions of the cross-motions for summary judgment, docket nos. 27 and 32 , and plaintiff's motion for reconsideration, docket no. 54 , are RENOTED to January 29, 2021. The deadlines set forth in Paragraph 6 of the Order dated November 19, 2020, docket no. 50 , are EXTENDED; plaintiff's supplemental response is now due on January 11, 2021, and the Navy's supplemental reply is now due on January 25, 2021. The Navy's response to plaintiff's motion for reconsideration shall be filed by January 19, 2021, and any reply shall be filed by January 28, 2021. (KK) (Entered: 12/23/2020)
2021-01-1157Stipulated MOTION to Extend Deadlines and [Proposed] Order , filed by Defendant US Department of the Navy. (Attachments: # 1 Exhibit A) Noting Date 1/11/2021, (Fairchild, Katie) (Entered: 01/11/2021)
2021-01-11The parties' stipulated motion, docket no. 57 , is GRANTED; plaintiff's supplemental response is now due on January 13, 2021, and the Navy's supplemental reply is now due on January 27, 2021. (KK) (Entered: 01/11/2021)
2021-01-1358RESPONSE by Plaintiff National Parks Conservation Association re 51 Notice-Other, 52 Declaration (non motion) (Tonry, Claire) (Entered: 01/13/2021)
2021-01-1359DECLARATION of Les Blomberg re 58 Response (non motion) by Plaintiff National Parks Conservation Association (Attachments: # 1 Exhibit 1 - Resume, # 2 Exhibit 2 - FSEIS Comment)(Tonry, Claire) (Entered: 01/13/2021)
2021-01-1360DECLARATION of Tom Buchele re 58 Response (non motion) by Plaintiff National Parks Conservation Association (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H)(Tonry, Claire) (Entered: 01/13/2021)
2021-01-1961RESPONSE, by Defendant US Department of the Navy, to 54 MOTION for Reconsideration re 50 Order to Show Cause,,,,,,, Util - Set/Reset Motion Noting Date,,,,,,, Set Deadlines/Hearings,,,,,, . (Fairchild, Katie) (Entered: 01/19/2021)
2021-01-1962DECLARATION of Bradford B. Byrnes filed by Defendant US Department of the Navy re 54 MOTION for Reconsideration re 50 Order to Show Cause,,,,,,, Util - Set/Reset Motion Noting Date,,,,,,, Set Deadlines/Hearings,,,,,, (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Fairchild, Katie) (Entered: 01/19/2021)
2021-01-2763REPLY by Defendant US Department of the Navy to 58 Response (non motion) in Support of Navy's Submission 52 (Fairchild, Katie) (Entered: 01/27/2021)
2021-01-2764DECLARATION of Bradford B. Byrnes re 63 Reply (non motion) by Defendant US Department of the Navy (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Fairchild, Katie) (Entered: 01/27/2021)
2021-01-27NOTICE REGARDING LACK OF PROPER SIGNATURE. The 64 Declaration (non motion) was improperly signed by Bradford B. Byrnes . Signatures must comply with ECF Filing Procedures . Please file corrected signature page using Praecipe to Attach event and link to original filing. (MW) (Entered: 01/28/2021)
2021-01-2865REPLY, filed by Plaintiff National Parks Conservation Association, TO RESPONSE to 54 MOTION for Reconsideration re 50 Order to Show Cause,,,,,,, Util - Set/Reset Motion Noting Date,,,,,,, Set Deadlines/Hearings,,,,,, (Tonry, Claire) (Entered: 01/28/2021)
2021-01-2966NOTICE of Intent to File Surreply re 63 Reply (non motion) ; filed by Plaintiff National Parks Conservation Association. (Tonry, Claire) (Entered: 01/29/2021)
2021-02-0167PRAECIPE to attach document (Declaration) re 64 Declaration (non motion) by Defendant US Department of the Navy (Attachments: # 1 Declaration of Bradford B. Byrnes in Support of Navy's Reply re: Plaintiff's Supplemental Brief, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C)(Fairchild, Katie) (Entered: 02/01/2021)
2021-02-0168SURREPLY filed by Plaintiff National Parks Conservation Association re 32 MOTION for Summary Judgment and 52 Navy's Submission Pursuant to Court's Nov.20, 2020 Order (Buchele, Tom) (Entered: 02/01/2021)
2021-03-3069ORDER: Plaintiff's motion for reconsideration, docket no. 54 , is DENIED in part and STRICKEN in part as moot. The deferred portions of the Navy's motion for summary judgment, docket no. 27 , are GRANTED as to Exemptions 5 and 6 and Claim II and further DEFERRED as to Exemption 3. The deferred portions of plaintiff's motion for summary judgment, docket no. 32 , are DENIED as to Exemptions 5 and 6 and Claim II and further DEFERRED as to Exemption 3. The deferred portions of the cross-motions for summary judgment, docket nos. 27 and 32 , and this case are STAYED until further order. Within three (3) months of the date of this Order, i.e., by June 30, 2021, the Navy shall file a status report concerning the DCRIT determinations solicited from the Director of Administration. Signed by Judge Thomas S. Zilly.(LH) (Entered: 03/30/2021)
2021-06-3070NOTICE OF NAVY'S FILNG PURSUANT TO COURT ORDER DKT. 69 re 69 Order on Motion for Reconsideration,,,, Case Stayed,,,, Set Deadlines/Hearings,,, ; filed by Defendant US Department of the Navy. (Katie Fairchild) (Waldrop, Matt) Modified on 6/30/2021 to reflect correct attorney filer (MET). (Entered: 06/30/2021)
2021-06-3071DECLARATION of Commander Brian C. Haagensen re 70 Notice-Other by Defendant US Department of the Navy (Fairchild, Katie) (Entered: 06/30/2021)
2021-08-1372NOTICE OF NAVY'S FILING re 69 Order on Motion for Reconsideration,,,, Case Stayed,,,, Set Deadlines/Hearings,,, ; filed by Defendant US Department of the Navy. (Fairchild, Katie) (Entered: 08/13/2021)
2021-08-1373DECLARATION of Commander Brian C. Haagensen re 72 Notice-Other by Defendant US Department of the Navy (Fairchild, Katie) (Entered: 08/13/2021)
2021-08-2374NOTICE OF NAVY'S FILING re 69 Order on Motion for Reconsideration,,,, Case Stayed,,,, Set Deadlines/Hearings,,, ; filed by Defendant US Department of the Navy. (Fairchild, Katie) (Entered: 08/23/2021)
2021-08-2375DECLARATION of Captain Dustin E. Wallace re 74 Notice-Other by Defendant US Department of the Navy (Attachments: # 1 Exhibit A)(Fairchild, Katie) (Entered: 08/23/2021)
2021-08-3176MINUTE ORDER: The parties are DIRECTED to meet and confer and to file a Joint Status Report within twenty-eight (28) days of the date of this Minute Order addressing: (i) the status of the deferred portions of the parties' cross-motions, docket nos. 27 & 32 , with respect to the DCAST/SHARP materials; (ii) the expected date of a renewed DCRIT decision about the 77 PDARS records; (iii) whether the stay of this matter should remain in place or be lifted; and (iv) if the case remains stayed, whether the parties should be required to periodically file Joint Status Reports and on what timing. Authorized by Judge Thomas S. Zilly. (MW) (Entered: 08/31/2021)
2021-09-2877Stipulated MOTION TO STAY AND JOINT STATUS REPORT AND [PROPOSED] ORDER , filed by Defendant US Department of the Navy. Noting Date 9/28/2021, (Fairchild, Katie) (Entered: 09/28/2021)
2021-09-2878ORDER granting Parties' 77 Stipulated Motion to Stay. The parties jointly propose to provide this Court with a status update within 90 days. Signed by Judge Thomas S. Zilly. (SB) (Entered: 09/29/2021)
2021-12-2379Stipulated MOTION to Stay and Joint Status Report and [Proposed] Order , filed by Defendant US Department of the Navy. Noting Date 12/23/2021, (Fairchild, Katie) (Entered: 12/23/2021)
2022-01-0480ORDER re Parties' 79 Stipulated MOTION to Stay and Joint Status Report and [Proposed] Order . The parties jointly propose to provide this Court with a status update within 45 days. Signed by Judge Thomas S. Zilly. (LH) (Entered: 01/04/2022)
2022-02-1781Stipulated MOTION to Stay and [Proposed] Order and Joint Status Report , filed by Defendant US Department of the Navy. Noting Date 2/17/2022, (Lambert, Michelle) (Entered: 02/17/2022)
2022-03-0182ORDER re Parties' 81 Stipulated MOTION to Stay and [Proposed] Order and Joint Status Report . The Court orders the parties to provide this Court with a status update within 45 days. Signed by Judge Thomas S. Zilly. (SR) (Entered: 03/01/2022)
2022-04-0583Stipulated MOTION , Joint Status Report and [Proposed] Order , filed by Defendant US Department of the Navy. Noting Date 4/5/2022, (Lambert, Michelle) (Entered: 04/05/2022)
2022-04-1984ORDER: Counsel having advised the Court that this matter has been resolved, see Joint Status Report (docket no. 83 ), this case is DISMISSED with prejudice. Signed by Judge Thomas S. Zilly. (MW) (Entered: 04/19/2022)
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