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Case TitleWEST VIRGINIA HIGHLANDS CONSERVANCY v. UNITED STATES FOREST SERVICE
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2021cv02079
Date Filed2021-08-03
Date ClosedOpen
JudgeJudge Carl J. Nichols
PlaintiffWEST VIRGINIA HIGHLANDS CONSERVANCY
Case DescriptionThe West Virginia Highland Conservancy, a member of the Alleghany-Blue-Ridge Alliance, submitted a FOIA request to U.S. Forest Service for records concerning the agency's plans for the Gauley National Forest. The agency acknowledged receipt of the request. The agency disclosed 489 pages in their entirety but redacted 69 pages under Exemption 4 (commercial and confidential), Exemption 5 (privileges), and Exemption 6 (invasion of privacy). ABRA filed an administrative appeal challenging some of the Exemption 5 claims. ABRA also filed a second FOIA request. After hearing nothing further from the agency, WVHC filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Attorney's fees

DefendantUNITED STATES FOREST SERVICE
DefendantU.S. FOREST SERVICE
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Opinion/Order [13]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2021-08-031COMPLAINT for Declaratory and Injuctive Relief against UNITED STATES FOREST SERVICE ( Filing fee $ 402 receipt number ADCDC-8642701) filed by WEST VIRGINIA HIGHLANDS CONSERVANCY. (Attachments: # 1 Civil Cover Sheet, # 2 Summons)(Johns, Evan) (Entered: 08/03/2021)
2021-08-032LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by WEST VIRGINIA HIGHLANDS CONSERVANCY (Johns, Evan) (Entered: 08/03/2021)
2021-08-03Case Assigned to Judge Carl J. Nichols. (zsb) (Entered: 08/04/2021)
2021-08-043SUMMONS (1) Issued Electronically as to UNITED STATES FOREST SERVICE. (Attachments: # 1 Notice and Consent)(adh, ) (Entered: 08/04/2021)
2021-08-254RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 8/9/2021. Answer due for ALL FEDERAL DEFENDANTS by 9/8/2021. (Attachments: # 1 Exhibit Certified Mail Return Receipt)(Johns, Evan) (Entered: 08/25/2021)
2021-08-255RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 8/9/21. (Attachments: # 1 Exhibit Certified Mail Return Receipt)(Johns, Evan) (Entered: 08/25/2021)
2021-08-256RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES FOREST SERVICE served on 8/11/2021 (Attachments: # 1 Exhibit Certified Mail Return Receipt)(Johns, Evan) (Entered: 08/25/2021)
2021-09-087NOTICE of Appearance by Michael A. Tilghman on behalf of UNITED STATES FOREST SERVICE (Tilghman, Michael) (Entered: 09/08/2021)
2021-09-088MOTION to Dismiss by UNITED STATES FOREST SERVICE. (Attachments: # 1 Memorandum in Support, # 2 Exhibit 1, # 3 Text of Proposed Order)(Tilghman, Michael) (Entered: 09/08/2021)
2021-09-169Unopposed MOTION for Extension of Time to File Response/Reply as to 8 MOTION to Dismiss by WEST VIRGINIA HIGHLANDS CONSERVANCY. (Attachments: # 1 Text of Proposed Order)(Johns, Evan) (Entered: 09/16/2021)
2021-09-21MINUTE ORDER. Upon consideration of Plaintiff's unopposed 9 Motion for Extension of Time, it is hereby ordered that the motion is GRANTED. Plaintiff shall file a reply to Defendant's Motion to Dismiss by October 6, 2021. Signed by Judge Carl J. Nichols on September 21, 2021. (lccjn3) (Entered: 09/21/2021)
2021-09-21Set/Reset Deadlines: Reply due by 10/6/2021. (zcal) (Entered: 09/22/2021)
2021-10-0610Memorandum in opposition to re 8 MOTION to Dismiss filed by WEST VIRGINIA HIGHLANDS CONSERVANCY. (Attachments: # 1 Exhibit A: E-Mail Message Thread)(Johns, Evan) Modified docket event/text on 10/7/2021 (zeg). (Entered: 10/06/2021)
2021-10-0711Consent MOTION for Extension of Time to File Defendant's Reply Brief by UNITED STATES FOREST SERVICE. (Attachments: # 1 Text of Proposed Order)(Tilghman, Michael) (Entered: 10/07/2021)
2021-10-13MINUTE ORDER. Upon consideration of the Defendant's 11 Consent Motion for Extension of Time, it is ORDERED that the Motion is GRANTED. Defendant shall file its reply brief by October 22, 2021. Signed by Judge Carl J. Nichols on October 13, 2021. (lccjn3) (Entered: 10/13/2021)
2021-10-2212REPLY to opposition to motion re 8 MOTION to Dismiss filed by UNITED STATES FOREST SERVICE. (Tilghman, Michael) (Entered: 10/22/2021)
2022-09-0113MEMORANDUM OPINION. Signed by Judge Carl J. Nichols on September 1, 2022. (lccjn3) (Entered: 09/01/2022)
2022-09-0114ORDER. Signed by Judge Carl J. Nichols on September 1, 2022. (lccjn3) (Entered: 09/01/2022)
2022-09-0615NOTICE OF SUBSTITUTION OF COUNSEL by Erika Kirstie Oblea on behalf of UNITED STATES FOREST SERVICE Substituting for attorney Michael A. Tilghman II (Oblea, Erika) (Entered: 09/06/2022)
2022-09-0816NOTICE OF SUBSTITUTION OF COUNSEL by Thomas Duffey on behalf of UNITED STATES FOREST SERVICE Substituting for attorney Erika Oblea (Duffey, Thomas) (Entered: 09/08/2022)
2023-02-0517ANSWER to Complaint by U.S. FOREST SERVICE.(Duffey, Thomas) (Entered: 02/05/2023)
2023-05-03MINUTE ORDER. Before the Court in this Freedom of Information Act case are a Complaint and an Answer. Pursuant to Local Civil Rule 16.3, the requirements of Federal Rule of Civil Procedure 26(f) are inapplicable. It is hereby ORDERED that the Parties shall confer and file a Joint Status Report on or before May 22, 2023. The Joint Status Report shall address: (1) the status of Plaintiff's FOIA request; (2) the anticipated number of documents responsive to Plaintiff's FOIA request; (3) the anticipated dates for release of the documents requested by Plaintiff; (4) whether a motion for stay is likely under Open America v. Watergate Special Prosecution Force, 547 F.2d 605 (D.C. Cir. 1976); (5) the possibility of prioritizing documents responsive to Plaintiff's request and any discussions regarding whether Plaintiff's request can be narrowed; and (6) whether the Parties anticipate summary judgment briefing and, if so, a proposed briefing schedule. Signed by Judge Carl J. Nichols on May 3, 2023. (lccjn3) (Entered: 05/03/2023)
2023-05-2218Joint STATUS REPORT by WEST VIRGINIA HIGHLANDS CONSERVANCY. (Attachments: # 1 Text of Proposed Order)(Johns, Evan) (Entered: 05/22/2023)
2023-05-24MINUTE ORDER. Upon consideration of 18 Joint Status Report, it is hereby ORDERED that the parties file a subsequent joint status report on or before July 21, 2023, addressing the outstanding issues and proposed briefing schedule, if any. Signed by Judge Carl J. Nichols on May 24, 2023. (lccjn3) (Entered: 05/24/2023)
2023-07-2119Joint STATUS REPORT by U.S. FOREST SERVICE. (Duffey, Thomas) (Entered: 07/21/2023)
2023-07-27MINUTE ORDER. Upon consideration of 19 Joint Status Report, it is hereby ORDERED that the parties file their next joint status report on September 21, 2023, and every 60 days thereafter. Signed by Judge Carl J. Nichols on July 27, 2023. (lccjn3) (Entered: 07/27/2023)
2023-09-2120Joint STATUS REPORT by U.S. FOREST SERVICE. (Duffey, Thomas) (Entered: 09/21/2023)
2023-09-27MINUTE ORDER. Upon consideration of 20 Joint Status Report, it is hereby ORDERED that the parties shall file a joint status report on or before December 21, 2023. So Ordered by Judge Carl J. Nichols on 09/27/2023. (lccjn3) (Entered: 09/27/2023)
2023-12-2121Joint STATUS REPORT by WEST VIRGINIA HIGHLANDS CONSERVANCY. (Johns, Evan) (Entered: 12/21/2023)
2024-01-05MINUTE ORDER. Upon consideration of the 21 Joint Status Report, it is hereby ORDERED, that the parties file a joint status report on or before February 21, 2024. So Ordered by Judge Carl J. Nichols on 1/5/2024. (lccjn3) Modified to correct error on 1/5/2024 (zkh). (Entered: 01/05/2024)
2024-02-2122Joint STATUS REPORT by U.S. FOREST SERVICE. (Duffey, Thomas) (Entered: 02/21/2024)
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