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Case TitleNATIONAL PARKS CONSERVATION ASSOCIATION v. DEPARTMENT OF THE INTERIOR et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2019cv02482
Date Filed2019-08-16
Date Closed2022-03-30
JudgeJudge Amy Berman Jackson
PlaintiffNATIONAL PARKS CONSERVATION ASSOCIATION
Case DescriptionThe National Parks Conservation Association submitted FOIA requests to the Department of the Interior and the National Park Service for records concerning the agency's decision to keep certain parks open during the government shutdown. NPCA also requested a fee waiver. The agencies acknowledged receipt of the requests. Concerned about the possibility of another government shutdown in the future, NPCA submitted updated FOIA requests asking for expedited processing as well. The NPS granted NPCA's request for expedited processing. However, after hearing nothing further from either Interior or NPS, NPCA filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Public Interest Fee Waiver, Litigation - Attorney's fees

DefendantDEPARTMENT OF THE INTERIOR
DefendantNATIONAL PARK SERVICE
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
Complaint attachment 9
Complaint attachment 10
Complaint attachment 11
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2019-08-161COMPLAINT against All Defendants ( Filing fee $ 400 receipt number 0090-6326955) filed by NATIONAL PARKS CONSERVATION ASSOCIATION. (Attachments: # 1 Exhibit Attach A - 1-28-19 DOI and NPS FOIA, # 2 Exhibit Attach B - 2-21-19 JOTR FOIA, # 3 Exhibit Attach C - 7-8-19 DOI and NPS Supp FOIA, # 4 Exhibit Attach D - 7-8-19 JOTR Supp FOIA, # 5 Exhibit 7-8-19 DOI and Attach E - 7-8-19 NPS Requst to Expedite, # 6 Exhibit Attach F - 7-8-19 JOTR Request to Expedite, # 7 Civil Cover Sheet Civil Cover Sheet, # 8 Summons Attorney General, # 9 Summons US Attorney, # 10 Summons Department of Interior, # 11 Summons National Park Service)(Watts, Ryan) (Entered: 08/16/2019)
2019-08-162LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by NATIONAL PARKS CONSERVATION ASSOCIATION (Watts, Ryan) (Entered: 08/16/2019)
2019-08-20Case Assigned to Judge Amy Berman Jackson. (zsb) (Entered: 08/20/2019)
2019-08-203SUMMONS (4) Issued Electronically as to DEPARTMENT OF THE INTERIOR, NATIONAL PARK SERVICE, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(zsb) (Entered: 08/20/2019)
2019-09-044RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 8/26/2019. Answer due for ALL FEDERAL DEFENDANTS by 9/25/2019. (Watts, Ryan) (Main Document 4 replaced on 9/9/2019) (zjf). (Entered: 09/04/2019)
2019-09-045RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 8/26/2019. (Watts, Ryan) (Main Document 5 replaced on 9/9/2019) (zjf). (Entered: 09/04/2019)
2019-09-046RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. DEPARTMENT OF THE INTERIOR served on 8/23/2019 (Watts, Ryan) (Main Document 6 replaced on 9/9/2019) (zjf). (Entered: 09/04/2019)
2019-09-047RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. NATIONAL PARK SERVICE served on 8/23/2019 (Watts, Ryan) (Main Document 7 replaced on 9/9/2019) (zjf). (Entered: 09/04/2019)
2019-09-258ANSWER to Complaint by DEPARTMENT OF THE INTERIOR, NATIONAL PARK SERVICE.(Nebeker, William) (Entered: 09/25/2019)
2019-09-30MINUTE ORDER. Before the Court in this FOIA case are a complaint and an answer. The requirements of Local Civil Rule 16.3 and Rule 26(f) of the Federal Rules of Civil Procedure appear to be inapplicable. Defendants shall file a dispositive motion or, in the alternative, a report setting forth the schedule for the completion of their production of documents to plaintiff, on or before October 28, 2019. SO ORDERED. Signed by Judge Amy Berman Jackson on 09/30/2019. (lcabj3) (Entered: 09/30/2019)
2019-10-289STATUS REPORT by DEPARTMENT OF THE INTERIOR, NATIONAL PARK SERVICE. (Nebeker, William) (Entered: 10/28/2019)
2019-11-19MINUTE ORDER. In light of the defendants' 9 status report, the parties must submit another status report by December 2, 2019. SO ORDERED. Signed by Judge Amy Berman Jackson on 11/19/2019. (lcabj3) (Entered: 11/19/2019)
2019-12-0210Joint STATUS REPORT by NATIONAL PARKS CONSERVATION ASSOCIATION. (Watts, Ryan) (Entered: 12/02/2019)
2019-12-0211MOTION for Order Requiring Substantial Completion of Defendants' Productions by NATIONAL PARKS CONSERVATION ASSOCIATION (Attachments: # 1 Exhibit Attachment A, # 2 Exhibit Attachment B, # 3 Exhibit Attachment C, # 4 Exhibit Attachment D, # 5 Exhibit Attachment E, # 6 Exhibit Attachment F, # 7 Exhibit Attachment G, # 8 Text of Proposed Order Proposed Order)(Watts, Ryan) (Entered: 12/02/2019)
2019-12-0212MOTION for Order Shortening Time to Respond to Plaintiff's Motion for Order Requiring Substantial Completion of Productions by NATIONAL PARKS CONSERVATION ASSOCIATION (Attachments: # 1 Text of Proposed Order Proposed Order)(Watts, Ryan) (Entered: 12/02/2019)
2019-12-04MINUTE ORDER granting in part and denying in part plaintiff's 12 motion for an order shortening time for responding. Defendants shall submit a response to plaintiff's 11 motion for an order requiring substantial completion of defendant's productions by December 12, 2019. The response should contain information about when defendants will be able to produce "Core Documents" identified by plaintiff. Signed by Judge Amy Berman Jackson on 12/4/2019. (lcabj3) Modified on 12/13/2019 to reflect that this is a "Minute" Order (jth). (Entered: 12/04/2019)
2019-12-1213Memorandum in opposition to re 11 MOTION for Order Requiring Substantial Completion of Defendants' Productions filed by DEPARTMENT OF THE INTERIOR, NATIONAL PARK SERVICE. (Attachments: # 1 Declaration Davis, # 2 Declaration Wilson, # 3 Text of Proposed Order)(Nebeker, William) (Entered: 12/12/2019)
2019-12-2314REPLY to opposition to motion re 11 MOTION for Order Requiring Substantial Completion of Defendants' Productions filed by NATIONAL PARKS CONSERVATION ASSOCIATION. (Watts, Ryan) (Entered: 12/23/2019)
2020-03-1615NOTICE OF SUBSTITUTION OF COUNSEL by Robert Aaron Caplen on behalf of DEPARTMENT OF THE INTERIOR, NATIONAL PARK SERVICE Substituting for attorney W. Mark Nebeker (Caplen, Robert) (Entered: 03/16/2020)
2020-04-1316STATUS REPORT by DEPARTMENT OF THE INTERIOR, NATIONAL PARK SERVICE. (Caplen, Robert) (Entered: 04/13/2020)
2020-04-14MINUTE ORDER. In light of defendants' 16 status report, defendants must file another status report by June 12, 2020. SO ORDERED. Signed by Judge Amy Berman Jackson on 4/14/2020. (lcabj3) (Entered: 04/14/2020)
2020-04-22MINUTE ORDER. In light of the representations in defendants' 16 April 13, 2020 status report describing the progress defendants have made in their search for and production of documents pursuant to plaintiff's FOIA request, plaintiff's 11 Motion for an Order Requiring Substantial Completion of Defendants' Productions by December 20, 2019 is DENIED AS MOOT. Defendants must comply with the Court's April 14, 2020 Minute Order. SO ORDERED. Signed by Judge Amy Berman Jackson on 4/22/2020. (lcabj3) (Entered: 04/22/2020)
2020-06-0417MOTION for Order Setting a Deadline For Defendants Productions by NATIONAL PARKS CONSERVATION ASSOCIATION (Attachments: # 1 Declaration Decl. of John Garder, # 2 Declaration Decl. of Robert D. Rosenbaum, # 3 Text of Proposed Order Proposed Order)(Watts, Ryan) (Entered: 06/04/2020)
2020-06-1218STATUS REPORT by DEPARTMENT OF THE INTERIOR, NATIONAL PARK SERVICE. (Caplen, Robert) (Entered: 06/12/2020)
2020-06-15MINUTE ORDER denying 17 Motion for Order without prejudice. Since the District of Columbia is only at Phase I of lifting the stay at home order, and both public and private activities are severely affected by the limitations imposed by COVID-19, it would be inappropriate for the Court to impose a thirty day production deadline at this time. Moreover, while plaintiff's motion talks about the time it will take to produce 700,000 records, the docket reflects that the focus of attention at this time should be the approximately 180,000 records responsive to plaintiff's narrowed set of "core requests." See Motion for Order [Dkt. # 11]. However, the Court remains concerned about the pace of production, which is affected by not only the number of pages reviewed by the agency per month, but also the breadth of the requests and the search terms utilized. Defendant Department of the Interior is hereby ORDERED to make a monthly interim production of "core documents," based on a search of no less than 800 pages of potentially responsive core records, on the third Friday of every month. Defendant National Park Service is ORDERED to complete the review and production of its "core documents" by July 10, 2020. The parties are further ORDERED to meet and confer in an effort to further narrow the initial requests and to identify more effective search terms to facilitate the review of the remainder of the documents responsive to the initial requests and to submit a report to the Court about the status of that exercise by July 10, 2020. SO ORDERED. Signed by Judge Amy Berman Jackson on 6/15/2020. (lcabj3) (Entered: 06/15/2020)
2020-07-1019Joint STATUS REPORT by DEPARTMENT OF THE INTERIOR, NATIONAL PARK SERVICE. (Caplen, Robert) (Entered: 07/10/2020)
2020-07-15MINUTE ORDER. In light of the parties' 19 joint status report, the parties must submit another status report by August 13, 2020. SO ORDERED. Signed by Judge Amy Berman Jackson on 7/15/2020. (lcabj3) (Entered: 07/15/2020)
2020-08-1320Joint STATUS REPORT by NATIONAL PARKS CONSERVATION ASSOCIATION. (Watts, Ryan) (Entered: 08/13/2020)
2020-08-13MINUTE ORDER. In light of the parties 20 joint status report, the parties must submit another status report by August 26, 2020. SO ORDERED. Signed by Judge Amy Berman Jackson on 8/13/2020. (lcabj3) (Entered: 08/13/2020)
2020-08-2621Joint STATUS REPORT by NATIONAL PARKS CONSERVATION ASSOCIATION. (Watts, Ryan) (Entered: 08/26/2020)
2020-08-27MINUTE ORDER. In light of the parties' 21 joint status report, the parties must submit another status report by September 3, 2020. SO ORDERED. Signed by Judge Amy Berman Jackson on 8/27/2020. (lcabj3) (Entered: 08/27/2020)
2020-09-0322Joint STATUS REPORT by NATIONAL PARKS CONSERVATION ASSOCIATION. (Watts, Ryan) (Entered: 09/03/2020)
2020-09-08MINUTE ORDER. In light of the parties' 22 Joint Status Report, the parties must submit another Status Report by September 15, 2020. SO ORDERED. Signed by Judge Amy Berman Jackson on 9/8/2020. (jth) (Entered: 09/08/2020)
2020-09-1523Joint STATUS REPORT by DEPARTMENT OF THE INTERIOR, NATIONAL PARK SERVICE. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Caplen, Robert) (Entered: 09/15/2020)
2020-09-1524NOTICE OF SUBSTITUTION OF COUNSEL by Joseph F. Carilli, Jr on behalf of All Defendants Substituting for attorney Robert Aaron Caplen (Carilli, Joseph) (Entered: 09/15/2020)
2020-10-26MINUTE ORDER. Upon review of the unduly lengthy and combative status report submitted by the parties on September 15, 2020, the Court sees no reason to alter the order issued on June 15, 2020, concerning the rate of review and production by the Department of Interior; DOI shall continue to produce "core documents" on a rolling basis in accordance with that order. The June 15 order also ordered the National Park Service to complete its production of "core documents" by July 10, 2020, but the succession of status reports filed since that date do not state clearly whether that task has been completed. As of September 3, NPS had reviewed and produced all responsive and non-exempt "core documents" other than the unknown number of those to be found within 3 additional custodians' files and 1000 other documents. NPS is hereby ordered to continue to review those records at a rate of 500 per month and produce them on a rolling basis. The next status report will be due on November 20, 2020. In further response to the most recent report, the Court notes that that the parties have been engaged in an unproductive effort to reach agreement concerning search terms for a considerable period of time. The Court encourages the parties to continue to attempt to agree on the search terms among themselves, and it will refer the matter to a Magistrate Judge or the Court's mediation program promptly if the parties notify it that they are both of the view that they would benefit from the assistance of a neutral in that effort. It would not be appropriate, though, for the Court to weigh in on the nature or sufficiency of the search and decide these matters now based on a status report; the Court will rule on these issues if and when a motion for summary judgment is filed asserting or disputing the adequacy of the search, based on sworn declarations. SO ORDERED. Signed by Judge Amy Berman Jackson on 10/26/2020. (lcabj2) (Entered: 10/26/2020)
2020-11-2025Joint STATUS REPORT by NATIONAL PARKS CONSERVATION ASSOCIATION. (Watts, Ryan) (Entered: 11/20/2020)
2020-11-23MINUTE ORDER. In light of the parties' 25 joint status report, the Court ORDERS that the parties must file another status report by December 4, 2020. Signed by Judge Amy Berman Jackson on 11/23/20. (lcabj2) (Entered: 11/23/2020)
2020-11-2526NOTICE of Appearance by Alice Sin Yu Ho on behalf of NATIONAL PARKS CONSERVATION ASSOCIATION (Ho, Alice Sin Yu) (Entered: 11/25/2020)
2020-12-0427Joint STATUS REPORT by DEPARTMENT OF THE INTERIOR, NATIONAL PARK SERVICE. (Carilli, Joseph) (Entered: 12/04/2020)
2020-12-07MINUTE ORDER. In light of the parties' 27 joint status report, the Court ORDERS that the parties must file another status report by January 19, 2021. Signed by Judge Amy Berman Jackson on 12/7/20. (lcabj2) (Entered: 12/07/2020)
2021-01-1928Joint STATUS REPORT by DEPARTMENT OF THE INTERIOR, NATIONAL PARK SERVICE. (Carilli, Joseph) (Entered: 01/19/2021)
2021-01-20MINUTE ORDER. In light of the parties' 28 joint status report, the Court ORDERS that the parties must file another status report by March 23, 2021. Signed by Judge Amy Berman Jackson on 1/20/21. (lcabj2) (Entered: 01/20/2021)
2021-03-2329Joint STATUS REPORT by DEPARTMENT OF THE INTERIOR, NATIONAL PARK SERVICE. (Carilli, Joseph) (Entered: 03/23/2021)
2021-03-24MINUTE ORDER. In light of the parties' 29 joint status report, the Court ORDERS that the parties must file another status report by June 21, 2021. Signed by Judge Amy Berman Jackson on 3/24/21. (lcabj2) (Entered: 03/24/2021)
2021-06-2130Joint STATUS REPORT by DEPARTMENT OF THE INTERIOR, NATIONAL PARK SERVICE. (Carilli, Joseph) (Entered: 06/21/2021)
2021-06-21MINUTE ORDER. In light of the parties' 30 joint status report, the Court ORDERS that the parties must file another status report by September 21, 2021. Signed by Judge Amy Berman Jackson on 6/21/21. (lcabj2) (Entered: 06/21/2021)
2021-06-21Set/Reset Deadlines: Joint Status Report due by 9/21/2021. (ztg) (Entered: 06/21/2021)
2021-09-2131Joint STATUS REPORT by DEPARTMENT OF THE INTERIOR, NATIONAL PARK SERVICE. (Carilli, Joseph) (Entered: 09/21/2021)
2021-09-21MINUTE ORDER. In light of the parties' 31 joint status report, the Court ORDERS that the parties must file another status report by December 20, 2021. Signed by Judge Amy Berman Jackson on 9/21/21. (lcabj2) (Entered: 09/21/2021)
2021-11-2332NOTICE OF SUBSTITUTION OF COUNSEL by April Denise Seabrook on behalf of DEPARTMENT OF THE INTERIOR, NATIONAL PARK SERVICE Substituting for attorney Joseph F. Carilli, Jr. (Seabrook, April) (Entered: 11/23/2021)
2021-12-1633Joint STATUS REPORT by DEPARTMENT OF THE INTERIOR, NATIONAL PARK SERVICE. (Seabrook, April) (Entered: 12/16/2021)
2021-12-16MINUTE ORDER. In light of the parties' 33 joint status report, the parties must submit another status report by February 18, 2022. SO ORDERED. Signed by Judge Amy Berman Jackson on 12/16/2021. (lcabj2) (Entered: 12/16/2021)
2022-02-1734Joint STATUS REPORT by DEPARTMENT OF THE INTERIOR, NATIONAL PARK SERVICE. (Seabrook, April) (Entered: 02/17/2022)
2022-02-18MINUTE ORDER. In light of the parties' 34 joint status report, the parties must submit another status report by April 4, 2022. SO ORDERED. Signed by Judge Amy Berman Jackson on 02/18/2022. (lcabj2) (Entered: 02/18/2022)
2022-03-3035STIPULATION of Dismissal by DEPARTMENT OF THE INTERIOR, NATIONAL PARK SERVICE. (Seabrook, April) (Entered: 03/30/2022)
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