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Case TitleFriends of Newport Harbor v. United States Army Corps of Engineers et al
DistrictCentral District of California
CitySouthern Division - Santa Ana
Case Number8:2023cv00361
Date Filed2023-02-28
Date Closed2023-06-16
JudgeJudge John W. Holcomb
PlaintiffFriends of Newport Harbor
Case DescriptionFriends of Newport Harbor submitted a FOIA request to U.S. Army Corps of Engineers for records concerning the Confined Aquatic Disposal Facility and maintenance dredging projects in Newport Beach, California. Friends of Newport Harbor also requested a fee waiver. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Friends of Newport Harbor filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Public Interest Fee Waiver, Litigation - Attorney's fees

DefendantUnited States Army Corps of Engineers
DefendantDoes 1-10
DefendantScott A. Spellmon in his official capacity as Chief of Engineers and Commanding General of the United States Army Corps of Engineer,
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
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2023-02-281COMPLAINT Receipt No: ACACDC-34873590 - Fee: $402, filed by Plaintiff friends of newport harbor. (Attachments: # 1 Civil Cover Sheet, # 2 Civil Cover Sheet, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit) (Attorney Jason Adam Cohen added to party friends of newport harbor(pty:pla))(Cohen, Jason) (Entered: 02/28/2023)
2023-03-012NOTICE RE INTRA-DISTRICT TRANSFER by Clerk of Court due to incorrect intra-district venue selected by the filer. Case is transferred to the Southern Division. Case has been assigned to Judge John W. Holcomb for all further proceedings. Any matters that may be referred to a Magistrate Judge are assigned to Douglas F. McCormick. New Case Number 8:23-cv-00361 JWH (DFMx). (lh) (Entered: 03/01/2023)
2023-03-013NOTICE OF ASSIGNMENT to District Judge John W. Holcomb and Magistrate Judge Douglas F. McCormick. (lh) (Entered: 03/01/2023)
2023-03-014NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (lh) (Entered: 03/01/2023)
2023-03-015Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (lh) (Entered: 03/01/2023)
2023-03-016NOTICE OF DEFICIENCIES in Request to Issue Summons RE: Complaint (Attorney Civil Case Opening), 1 . The following error(s) was found: Incorrect days for defendant to serve a response on Plaintiff entered. If the case is filed under the Freedom of Information Act, Within 30 days should be reflected on summons. The summons cannot be issued until this defect has been corrected. Please correct the defect and re-file your request. (lh) (Entered: 03/01/2023)
2023-03-017NOTICE OF DEFICIENCIES in Attorney Case Opening RE: Complaint (Attorney Civil Case Opening), 1 . The following error(s) was found: Other error(s) with document(s): Attachments No. 1 Civil Cover Sheet and No. 2 Civil Cover Sheet (Summons) should not have been attached to Docket Entry No. 1. Each document should have been filed separately. You are not required to take any action to correct this deficiency unless the Court so directs. (lh) (Entered: 03/01/2023)
2023-03-028SUMMONS REQUEST FILED BY COUNSEL AS COMPLAINT with filing fee previously paid ($402.00 paid on 02/28/2023, receipt number ACACDC-34873590), filed by plaintiff Friends of Newport Harbor.(Cohen, Jason) Modified on 4/4/2023 (jtil). (Entered: 03/02/2023)
2023-03-069STANDING ORDER by Judge John W. Holcomb. (cla) (Entered: 03/06/2023)
2023-04-0410NOTICE OF DEFICIENCIES in Attorney Case Opening. The following error(s) was found: The Summons Requests 8 was filed under the incorrect event. The correct event is: Civil Events > Service Documents > Service/Waivers of Summons and Complaints > Summons Request. No further action is required unless directed by the Court. (jtil) (Entered: 04/04/2023)
2023-04-041130 DAY Summons Issued re Complaint (Attorney Civil Case Opening), 1 as to Defendant United States Army Corps of Engineers. (jtil) (Entered: 04/04/2023)
2023-04-0412FIRST AMENDED COMPLAINT against Defendant Friends of Newport Harbor amending Complaint (Attorney Civil Case Opening), 1 , filed by plaintiff Friends of Newport Harbor (Attachments: # 1 Exhibit Exhibits A-I)(Cohen, Jason) (Entered: 04/04/2023)
2023-04-0413Request for Clerk to Issue Summons on Amended Complaint/Petition 12 filed by plaintiff Friends of Newport Harbor. (Cohen, Jason) (Entered: 04/04/2023)
2023-04-0514NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Document RE: Amended Complaint/Petition 12 . The following error(s) was/were found: Local Rule 7-1.1 no notice of interested parties. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (lom) (Entered: 04/05/2023)
2023-04-051521 DAY Summons Issued re First Amended Complaint 12 as to defendant United States Army Corps of Engineers. (lom) (Entered: 04/05/2023)
2023-04-1116NOTICE of Interested Parties filed by Plaintiff Friends of Newport Harbor, (Cohen, Jason) (Entered: 04/11/2023)
2023-04-1817PROOF OF SERVICE Executed Friends of Newport Harbor, upon Defendant Scott A. Spellmon served on 4/13/2023, answer due 5/15/2023. Service of the Summons and Complaint were Executed upon the Attorney Generals Office of the United States by delivering a copy to E Anderson, Reception. Executed upon the officer agency or corporation by delivering a copy to S Bell, reception. Service was executed in compliance with Federal Rules of Civil Procedure. Due diligence declaration NOT attached. Registered or certified mail return receipt attached. Original Summons NOT returned. (Cohen, Jason) (Entered: 04/18/2023)
2023-04-1818PROOF OF SERVICE Executed Friends of Newport Harbor, upon Defendant United States Army Corps of Engineers served on 4/13/2023, answer due 5/15/2023. Service of the Summons and Complaint were executed upon the United States Attorneys Office by delivering a copy to E Garcia, Reception. Executed upon the Attorney Generals Office of the United States by delivering a copy to E Anderson, reception. Executed upon the officer agency or corporation by delivering a copy to Individual, reception. Service was executed in compliance with Federal Rules of Civil Procedure. Due diligence declaration NOT attached. Registered or certified mail return receipt attached. Original Summons NOT returned. (Cohen, Jason) (Entered: 04/18/2023)
2023-05-0819STIPULATION for Extension of Time to File Answer to June 9, 2023 re Amended Complaint/Petition 12 filed by Defendants Scott A. Spellmon, United States Army Corps of Engineers. (Attachments: # 1 Proposed Order)(Attorney Paul Bartholomew Green added to party Scott A. Spellmon(pty:dft), Attorney Paul Bartholomew Green added to party United States Army Corps of Engineers(pty:dft))(Green, Paul) (Entered: 05/08/2023)
2023-05-1120ORDER EXTENDING TIME TO RESPOND TO FIRST AMENDED COMPLAINT by Judge John W. Holcomb 19 . Pursuant to the Stipulation filed by the parties, and for good cause shown, it is hereby ORDERED that the time for Defendants to answer, move, or otherwise respond to the First Amended Complaint is EXTENDED to June 9, 2023. IT IS SO ORDERED. (yl) (Entered: 05/11/2023)
2023-06-0921NOTICE OF MOTION AND MOTION to Dismiss Case filed by Defendants Scott A. Spellmon, United States Army Corps of Engineers. Motion set for hearing on 7/14/2023 at 09:00 AM before Judge John W. Holcomb. (Attachments: # 1 Declaration of Joan M. Prost, # 2 Proposed Order) (Green, Paul) (Entered: 06/09/2023)
2023-06-1222ORDER SETTING SCHEDULING CONFERENCE by Judge John W. Holcomb. Scheduling Conference set for 7/14/2023 at 9:00 AM before Judge John W. Holcomb. (cla) (Entered: 06/12/2023)
2023-06-1623STIPULATION to Dismiss Case pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure filed by Defendants Scott A. Spellmon, United States Army Corps of Engineers.(Green, Paul) (Entered: 06/16/2023)
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by FOIA Project Staff
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