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Case TitleCENTER FOR BIOLOGICAL DIVERSITY v. U.S. ARMY GARRISON, FORT HUACHUCA et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2020cv02857
Date Filed2020-10-07
Date Closed2021-12-06
JudgeJudge Christopher R. Cooper
PlaintiffCENTER FOR BIOLOGICAL DIVERSITY
Case DescriptionThe Center for Biological Diversity submitted FOIA requests to U.S. Army Garrison, Fort Huachuca and U.S. Fish and Wildlife Services for records concerning the 2014 administrative record pertaining to future military operations at Fort Huachuca. Both agencies acknowledged receipt of the request. USAG asked CBD if it would accept access to the administrative record that was publicly available because of a 2016 lawsuit. CBD reviewed that version and indicated that it was not responsive to some parts of its request. After hearing nothing further from either agency, CBD filed suit.
Complaint issues: Adequacy - Search, Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantU.S. ARMY GARRISON, FORT HUACHUCA
DefendantU.S. FISH AND WILDLIFE SERVICE
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2020-10-071COMPLAINT against U.S. ARMY GARRISON, FORT HUACHUCA, U.S. FISH AND WILDLIFE SERVICE ( Filing fee $ 400 receipt number ADCDC-7684968) filed by CENTER FOR BIOLOGICAL DIVERSITY. (Attachments: # 1 Civil Cover Sheet, # 2 Summons U.S. Army Garrison, Fort Huachuca, # 3 Summons U.S. Fish and Wildlife Service)(Wolf, Douglas) (Entered: 10/07/2020)
2020-10-072LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by CENTER FOR BIOLOGICAL DIVERSITY (Wolf, Douglas) (Entered: 10/07/2020)
2020-10-07Case Assigned to Judge Christopher R. Cooper. (zsb) (Entered: 10/07/2020)
2020-10-093SUMMONS (2) Issued Electronically as to U.S. ARMY GARRISON, FORT HUACHUCA, U.S. FISH AND WILDLIFE SERVICE. (Attachment: # 1 Notice and Consent)(adh, ) (Entered: 10/09/2020)
2020-10-094CERTIFICATE OF SERVICE by CENTER FOR BIOLOGICAL DIVERSITY . (Wolf, Douglas) (Entered: 10/09/2020)
2020-10-295RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General October 19, 2020. (Wolf, Douglas) (Entered: 10/29/2020)
2020-10-30NOTICE OF ERROR re 5 Summons Returned Executed as to U.S. Attorney General; emailed to dwolf@biologicaldiversity.org, cc'd 2 associated attorneys -- The PDF file you docketed contained errors: 1. Filing is incomplete. You must select all appropriate events for service for federal defendants and U.S. Attorney. (ztd, ) (Entered: 10/30/2020)
2020-11-046RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. ARMY GARRISON, FORT HUACHUCA served on 10/14/2020; U.S. FISH AND WILDLIFE SERVICE served on 10/19/2020, RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. ARMY GARRISON, FORT HUACHUCA served on 10/14/2020; U.S. FISH AND WILDLIFE SERVICE served on 10/19/2020, RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 10/19/2020., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 10/19/2020. ( Answer due for ALL FEDERAL DEFENDANTS by 11/18/2020.) (Wolf, Douglas) (Entered: 11/04/2020)
2020-11-127NOTICE of Appearance by Sean Patrick Mahard on behalf of U.S. ARMY GARRISON, FORT HUACHUCA (Mahard, Sean) (Entered: 11/12/2020)
2020-11-128NOTICE of Appearance by Michael A. Tilghman on behalf of U.S. ARMY GARRISON, FORT HUACHUCA, U.S. FISH AND WILDLIFE SERVICE (Tilghman, Michael) (Entered: 11/12/2020)
2020-11-129Consent MOTION for Extension of Time to by U.S. ARMY GARRISON, FORT HUACHUCA, U.S. FISH AND WILDLIFE SERVICE (Attachments: # 1 Text of Proposed Order)(Tilghman, Michael) Modified on 11/13/2020 (ztd). (Entered: 11/12/2020)
2020-11-13MINUTE ORDER: In light of 9 Defendants' Consent Motion for Extension of Time to File Response to 1 Plaintiff's Complaint, the Defendants shall file any response to 1 Plaintiff's Complaint by 1/4/2021. Signed by Judge Christopher R. Cooper on 11/13/2020. (lccrc2) (Entered: 11/13/2020)
2020-12-3010Consent MOTION for Extension of Time to File a Response to Plaintiff's Complaint by U.S. ARMY GARRISON, FORT HUACHUCA, U.S. FISH AND WILDLIFE SERVICE (Attachments: # 1 Text of Proposed Order)(Tilghman, Michael) (Entered: 12/30/2020)
2021-01-04MINUTE ORDER: In light of 10 Defendants' Consent Motion for Extension of Time to File Response to 1 Plaintiff's Complaint, the Defendants shall file any response to 1 Plaintiff's Complaint by 2/3/2021. Signed by Judge Christopher R. Cooper on 01/04/2021. (lccrc2) (Entered: 01/04/2021)
2021-02-0311ANSWER to Complaint by U.S. ARMY GARRISON, FORT HUACHUCA, U.S. FISH AND WILDLIFE SERVICE.(Tilghman, Michael) (Entered: 02/03/2021)
2021-02-09MINUTE ORDER: Before the Court in this FOIA case are a complaint and an answer. It is hereby ORDERED that the parties shall promptly confer and file a joint proposed schedule for briefing or disclosure by February 24, 2021. Signed by Judge Christopher R. Cooper on 2/9/2021. (lccrc2) (Entered: 02/09/2021)
2021-02-09Set/Reset Deadlines: Joint proposed schedule for briefing or disclosure due by 2/24/2021. (znbn) (Entered: 02/09/2021)
2021-02-2412Joint STATUS REPORT by U.S. ARMY GARRISON, FORT HUACHUCA, U.S. FISH AND WILDLIFE SERVICE. (Tilghman, Michael) (Entered: 02/24/2021)
2021-03-01MINUTE ORDER: In light of 12 the parties' latest joint status report, the parties next joint status report is due by April 12, 2021. Signed by Judge Christopher R. Cooper on 3/1/2021. (lccrc2) (Entered: 03/01/2021)
2021-04-1213Joint STATUS REPORT by U.S. ARMY GARRISON, FORT HUACHUCA, U.S. FISH AND WILDLIFE SERVICE. (Tilghman, Michael) (Entered: 04/12/2021)
2021-04-14MINUTE ORDER: In light of 13 the parties' latest joint status report, the parties next joint status report is due by 5/27/2021. Signed by Judge Christopher R. Cooper on 4/14/2021. (lccrc2) (Entered: 04/14/2021)
2021-05-2714Joint STATUS REPORT by U.S. ARMY GARRISON, FORT HUACHUCA, U.S. FISH AND WILDLIFE SERVICE. (Tilghman, Michael) (Entered: 05/27/2021)
2021-06-1115NOTICE OF SUBSTITUTION OF COUNSEL by Jessica B. Colsia on behalf of U.S. ARMY GARRISON, FORT HUACHUCA Substituting for attorney Sean Mahard (Colsia, Jessica) (Entered: 06/11/2021)
2021-06-1616NOTICE OF SUBSTITUTION OF COUNSEL by William John Snape, III on behalf of CENTER FOR BIOLOGICAL DIVERSITY Substituting for attorney Douglas W. Wolf (Snape, William) (Entered: 06/16/2021)
2021-06-1617MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Marc D. Fink, Filing fee $ 100, receipt number ADCDC-8535364. Fee Status: Fee Paid. by CENTER FOR BIOLOGICAL DIVERSITY. (Attachments: # 1 Declaration)(Snape, William) (Entered: 06/16/2021)
2021-06-21MINUTE ORDER: The Court GRANTS 17 Motion for Leave to Appear Pro Hac Vice by Marc D. Fink. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). Click for instructions . Signed by Judge Christopher R. Cooper on 6/21/2021. (lccrc2) (Entered: 06/21/2021)
2021-06-2118NOTICE of Appearance by Marc D. Fink on behalf of CENTER FOR BIOLOGICAL DIVERSITY (Fink, Marc) (Entered: 06/21/2021)
2021-07-0919Joint STATUS REPORT by U.S. ARMY GARRISON, FORT HUACHUCA, U.S. FISH AND WILDLIFE SERVICE. (Colsia, Jessica) (Entered: 07/09/2021)
2021-08-10MINUTE ORDER: In light of 19 the parties' latest Joint Status Report, the parties' next Joint Status Report is due by 9/13/2021 and, if disputes remain, shall include a proposed schedule. Signed by Judge Christopher R. Cooper on 8/10/2021. (lccrc2) (Entered: 08/10/2021)
2021-09-1320Joint STATUS REPORT by U.S. ARMY GARRISON, FORT HUACHUCA, U.S. FISH AND WILDLIFE SERVICE. (Tilghman, Michael) (Entered: 09/13/2021)
2021-09-1421MINUTE ORDER: In light of 20 the parties' latest Joint Status Report, the parties' next Joint Status Report is due by 10/13/2021. If no agreement has been reached, the following deadlines shall apply: Plaintiff's motion for attorney's fees is due by 11/15/2021; Defendants' opposition is due by 12/15/2021; Plaintiff's reply is due by 12/29/2021. Signed by Judge Christopher R. Cooper on 09/14/2021. (lccrc2) (Entered: 09/14/2021)
2021-10-1322Joint STATUS REPORT by U.S. ARMY GARRISON, FORT HUACHUCA, U.S. FISH AND WILDLIFE SERVICE. (Tilghman, Michael) (Entered: 10/13/2021)
2021-10-14MINUTE ORDER: In light of 22 the parties' latest Joint Status Report, the briefing schedule set by this Court's 9/14/2021 Minute Order is hereby VACATED. The parties shall file a further Joint Status Report on or before 10/29/2021 if the case is not voluntarily dismissed sooner. Signed by Judge Christopher R. Cooper on 10/14/2021. (lccrc2) (Entered: 10/14/2021)
2021-10-2823Joint STATUS REPORT by U.S. ARMY GARRISON, FORT HUACHUCA, U.S. FISH AND WILDLIFE SERVICE. (Colsia, Jessica) (Entered: 10/28/2021)
2021-12-02MINUTE ORDER: In 23 their latest Joint Status Report, the parties informed the Court that they had reached a final agreement on fees and costs. The parties are hereby ordered to file a further Joint Status Report explaining their progress implementing that agreement by 12/16/2021, if the case has not been voluntarily dismissed by that date. Signed by Judge Christopher R. Cooper on 12/2/2021. (lccrc2) (Entered: 12/02/2021)
2021-12-0624STIPULATION of Dismissal by U.S. ARMY GARRISON, FORT HUACHUCA, U.S. FISH AND WILDLIFE SERVICE. (Tilghman, Michael) (Entered: 12/06/2021)
2021-12-06MINUTE ORDER: In light of the 24 Stipulation of Dismissal, this case is hereby dismissed with prejudice. Signed by Judge Christopher R. Cooper on 12/6/2021. (lccrc2) (Entered: 12/06/2021)
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