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Case TitleMONTANA ENVIRONMENTAL INFORMATION CENTER et al v. UNITED STATES OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2019cv03019
Date Filed2019-10-09
Date Closed2020-08-31
JudgeJudge James E. Boasberg
PlaintiffMONTANA ENVIRONMENTAL INFORMATION CENTER
PlaintiffSIERRA CLUB
Case DescriptionMinnesota Environmental Information Center and the Sierra Club submitted FOIA requests to U.S. Office of Surface Mining Reclamation and Enforcement for records concerning communications between the agency and U.S. Fish and Wildlife Service pertaining to the Amendment 3 expansion of the Bull Mountains Mine 10. The agency acknowledged receipt of the requests but after hearing nothing further from the agency, Minnesota Environmental Information Center filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantUNITED STATES OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2019-10-091COMPLAINT for Declaratory and Injunctive Relief against UNITED STATES OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT ( Filing fee $ 400 receipt number ADCDC-6436262) filed by MONTANA ENVIRONMENTAL INFORMATION CENTER, SIERRA CLUB. (Attachments: # 1 Civil Cover Sheet, # 2 Summons U.S. Office of Surface Mining Reclamation and Enforcement, # 3 Summons U.S. Attorney District of DC, # 4 Summons U.S. Attorney General)(Mellgren, John) (Entered: 10/09/2019)
2019-10-092MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Shiloh S. Hernandez, :Firm- Western Environmental Law Center, :Address- 103 Reeder's Alley, Helena, Montana 59601. Phone No. - 406-204-4861. Filing fee $ 100, receipt number ADCDC-6436341. Fee Status: Fee Paid. by MONTANA ENVIRONMENTAL INFORMATION CENTER, SIERRA CLUB (Attachments: # 1 Declaration, # 2 Text of Proposed Order)(Mellgren, John) (Entered: 10/09/2019)
2019-10-093LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by MONTANA ENVIRONMENTAL INFORMATION CENTER (Mellgren, John) (Entered: 10/09/2019)
2019-10-094LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by SIERRA CLUB (Mellgren, John) (Entered: 10/09/2019)
2019-10-095ERRATA by MONTANA ENVIRONMENTAL INFORMATION CENTER, SIERRA CLUB 2 MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Shiloh S. Hernandez, :Firm- Western Environmental Law Center, :Address- 103 Reeder's Alley, Helena, Montana 59601. Phone No. - 406-204-4861. Filing fee $ 100, receipt n filed by SIERRA CLUB, MONTANA ENVIRONMENTAL INFORMATION CENTER. (Attachments: # 1 Declaration)(Mellgren, John) (Entered: 10/09/2019)
2019-10-11Case assigned to Judge James E. Boasberg. (zmc) (Entered: 10/11/2019)
2019-10-116SUMMONS (3) Issued Electronically as to UNITED STATES OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(zmc) (Entered: 10/11/2019)
2019-10-22MINUTE ORDER GRANTING 2 Motion for Leave to Appear Pro Hac Vice of Shiloh Silvan Hernandez. So ORDERED by Judge James E. Boasberg on 10/22/2019. (lcjeb2) Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). Click for instructions Modified to add correct attorney name on 11/5/2019 (znbn). (Entered: 10/22/2019)
2019-10-307NOTICE of Appearance by Shiloh Silvan Hernandez on behalf of MONTANA ENVIRONMENTAL INFORMATION CENTER, SIERRA CLUB (Hernandez, Shiloh) (Entered: 10/30/2019)
2019-11-018RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 10/24/2019. Answer due for ALL FEDERAL DEFENDANTS by 11/23/2019. (Attachments: # 1 Affidavit of Mailing, # 2 Exhibit Certified Mail Receipts)(Mellgren, John) (Entered: 11/01/2019)
2019-11-019RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 10/24/2019. (Attachments: # 1 Affidavit of Mailing, # 2 Exhibit Certified Mail Receipts)(Mellgren, John) (Entered: 11/01/2019)
2019-11-0110RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT served on 10/24/2019 (Attachments: # 1 Affidavit of Mailing, # 2 Exhibit Certified Mail Receipts)(Mellgren, John) (Entered: 11/01/2019)
2019-11-2611NOTICE of Appearance by Daniel Patrick Schaefer on behalf of UNITED STATES OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT (Schaefer, Daniel) (Entered: 11/26/2019)
2019-11-2612Consent MOTION for Extension of Time to File Answer re 1 Complaint, by UNITED STATES OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT (Attachments: # 1 Defendant's Answer, # 2 Text of Proposed Order)(Schaefer, Daniel) (Entered: 11/26/2019)
2019-11-26MINUTE ORDER GRANTING Consent 12 Motion for Extension of Time. The Court ORDERS that Defendant's Answer, which is included with its 12 Motion, is deemed FILED. So ORDERED by Judge James E. Boasberg on 11/26/2019. (lcjeb2) (Entered: 11/26/2019)
2019-12-18MINUTE ORDER: The Court ORDERS that by January 2, 2020, the parties shall confer and submit a joint proposed briefing schedule. So ORDERED by Judge James E. Boasberg on 12/18/2019. (lcjeb2) (Entered: 12/18/2019)
2019-12-18Set/Reset Deadlines: Joint Proposed Briefing Schedule due by 1/2/2020. (nbn) (Entered: 12/19/2019)
2019-12-2713Consent MOTION for Extension of Time to File Joint Proposed Schedule by UNITED STATES OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT (Attachments: # 1 Text of Proposed Order)(Schaefer, Daniel) (Entered: 12/27/2019)
2019-12-28MINUTR ORDER GRANTING Consent 13 Motion for Extension of Time. The Court ORDERS that the parties shall submit a joint proposed briefing schedule by January 16, 2020. So ORDERED by Judge James E. Boasberg on 12/28/2019. (lcjeb2) (Entered: 12/28/2019)
2019-12-30Set/Reset Deadlines: Parties Joint Proposed Briefing Schedule due by 1/16/2020. (mac) (Entered: 12/30/2019)
2020-01-1614Joint STATUS REPORT by UNITED STATES OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT. (Attachments: # 1 Text of Proposed Order)(Schaefer, Daniel) (Entered: 01/16/2020)
2020-01-16MINUTE ORDER: The Court ADOPTS the parties' 14 Joint Status Report and ORDERS that they shall file a further joint status report by March 12, 2020. So ORDERED by Judge James E. Boasberg on 1/16/2020. (lcjeb2) (Entered: 01/16/2020)
2020-01-16Set/Reset Deadlines: Joint Status Report due by 3/12/2020. (nbn) (Entered: 01/16/2020)
2020-03-1215Joint STATUS REPORT by UNITED STATES OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT. (Attachments: # 1 Text of Proposed Order)(Schaefer, Daniel) (Entered: 03/12/2020)
2020-03-12MINUTE ORDER: The Court ADOPTS the parties' 15 Joint Status Report and ORDERS that they shall file a further joint status report by May 11, 2020. So ORDERED by Judge James E. Boasberg on 3/12/2020. (lcjeb2) (Entered: 03/12/2020)
2020-03-13Set/Reset Deadlines: Joint Status Report due by 5/11/2020. (nbn) (Entered: 03/13/2020)
2020-05-1116Joint STATUS REPORT by MONTANA ENVIRONMENTAL INFORMATION CENTER, SIERRA CLUB. (Attachments: # 1 Text of Proposed Order)(Hernandez, Shiloh) (Entered: 05/11/2020)
2020-05-11MINUTE ORDER: The Court ADOPTS the parties' 16 Joint Status Report and ORDERS that they shall file a further joint status report by July 7, 2020. So ORDERED by Judge James E. Boasberg on 5/11/2020. (lcjeb2) (Entered: 05/11/2020)
2020-05-11Set/Reset Deadlines: Joint Status Report due by 7/7/2020. (znbn) (Entered: 05/12/2020)
2020-07-0717Joint STATUS REPORT by MONTANA ENVIRONMENTAL INFORMATION CENTER, SIERRA CLUB. (Attachments: # 1 Text of Proposed Order)(Hernandez, Shiloh) (Entered: 07/07/2020)
2020-07-07MINUTE ORDER: The Court ADOPTS the parties' 17 Joint Status Report and ORDERS that they shall file a further joint status report by August 6, 2020. So ORDERED by Judge James E. Boasberg on 7/7/2020. (lcjeb1) (Entered: 07/07/2020)
2020-07-07Set/Reset Deadlines: Joint Status Report due by 8/6/2020. (znbn) (Entered: 07/08/2020)
2020-07-3118Consent MOTION for Extension of Time to File Joint Status Report by UNITED STATES OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT (Attachments: # 1 Text of Proposed Order)(Schaefer, Daniel) (Entered: 07/31/2020)
2020-07-31MINUTE ORDER GRANTING Consent 18 Motion for Extension of Time. The Court ORDERS that the parties shall file their next joint status report by August 13, 2020. So ORDERED by Judge James E. Boasberg on 07/31/2020. (lcjeb2) (Entered: 07/31/2020)
2020-07-31Set/Reset Deadlines: Joint Status Report due by 8/13/2020. (znbn) (Entered: 08/03/2020)
2020-08-1319Joint STATUS REPORT by MONTANA ENVIRONMENTAL INFORMATION CENTER, SIERRA CLUB. (Attachments: # 1 Text of Proposed Order)(Hernandez, Shiloh) (Entered: 08/13/2020)
2020-08-14MINUTE ORDER: The Court ADOPTS the parties' 19 Joint Status Report and ORDERS that they shall file a further joint status report by August 21, 2020. So ORDERED by Judge James E. Boasberg on 08/14/2020. (lcjeb2) (Entered: 08/14/2020)
2020-08-14Set/Reset Deadlines: Joint Status Report due by 8/21/2020. (znbn) (Entered: 08/14/2020)
2020-08-2420Joint STATUS REPORT by MONTANA ENVIRONMENTAL INFORMATION CENTER, SIERRA CLUB. (Attachments: # 1 Text of Proposed Order)(Hernandez, Shiloh) (Entered: 08/24/2020)
2020-08-24MINUTE ORDER: The Court ORDERS that by September 2, 2020, the parties shall file either a Joint Status Report or a Notice/Stipulation of Dismissal. So ORDERED by Judge James E. Boasberg on 08/24/2020. (lcjeb2) (Entered: 08/24/2020)
2020-08-24Set/Reset Deadlines: Status Report due by 9/2/2020. (znbn) (Entered: 08/25/2020)
2020-08-3121STIPULATION of Dismissal by UNITED STATES OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT. (Schaefer, Daniel) (Entered: 08/31/2020)
2020-08-31MINUTE ORDER: Per the parties' 21 Stipulation, the Court ORDERS that the case is DISMISSED WITH PREJUDICE. So ORDERED by Judge James E. Boasberg on 08/31/2020. (lcjeb2) (Entered: 08/31/2020)
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