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Case TitleFRIENDS OF ANIMALS v. NATIONAL MARINE FISHERIES SERVICE et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2023cv01427
Date Filed2023-05-17
Date ClosedOpen
JudgeJudge Amit P. Mehta
PlaintiffFRIENDS OF ANIMALS
Case DescriptionFriends of Animals submitted a FOIA request to the National Marine Fisheries Service for records concerning the deaths of baby beluga whales at Mystic Aquarium. The agency acknowledged receipt of the request. The agency disclosed more than 300 pages but partially redacted five pages under Exemption 4 (commercial and confidential). FOA filed an administrative appeal. FOA also submitted a FOIA request to the Animal and Plant Health Inspection Service for records on the baby beluga deaths at Mystic Aquarium. The agency acknowledged that request and withheld records under Exemption 7 (A) (interference with ongoing investigation or proceeding). FOA filed an administrative appeal but after hearing nothing further from either agency, FOA filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantNATIONAL MARINE FISHERIES SERVICE an agency of the United States
DefendantANIMAL AND PLANT HEALTH INSPECTION SERVICE an agency of the United States
DefendantSea Research Foundation, Inc., dba Mystic Aquarium
DefendantSEA RESEARCH FOUNDATION, INC.
doing business as MYSTIC AQUARIUM
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2023-03-301COMPLAINT against All Defendants (Filing fee $ 402,Receipt Number ACODC-9020433)Attorney Stephen Russel Hernick added to party Friends of Animals(pty:pla), filed by Friends of Animals. (Attachments: # 1 Civil Cover Sheet, # 2 Summons AG, # 3 Summons US Attorney, # 4 Summons NMFS, # 5 Summons APHIS)(Hernick, Stephen) [Transferred from Colorado on 5/19/2023.] (Entered: 03/30/2023)
2023-03-302Case assigned to Magistrate Judge Kristen L. Mix. Text Only Entry (norlin, ) [Transferred from Colorado on 5/19/2023.] (Entered: 03/30/2023)
2023-03-303SUMMONS issued by Clerk. (Attachments: # 1 Summons, # 2 Summons, # 3 Summons, # 4 Magistrate Judge Consent Form) (norlin, ) [Transferred from Colorado on 5/19/2023.] (Entered: 03/30/2023)
2023-04-184NOTICE of Entry of Appearance by Thomas Alan Isler on behalf of Animal and Plant Health Inspection Service, National Marine Fisheries ServiceAttorney Thomas Alan Isler added to party Animal and Plant Health Inspection Service(pty:dft), Attorney Thomas Alan Isler added to party National Marine Fisheries Service(pty:dft) (Isler, Thomas) [Transferred from Colorado on 5/19/2023.] (Entered: 04/18/2023)
2023-05-015SUMMONS Returned Executed upon defendant(s) Animal and Plant Health Inspection Service served on 4/7/2023, answer due 6/6/2023; National Marine Fisheries Service served on 4/7/2023, answer due 6/6/2023. (Hernick, Stephen) [Transferred from Colorado on 5/19/2023.] (Entered: 05/01/2023)
2023-05-026REASSIGNING MAGISTRATE JUDGE. This action is reassigned to Magistrate Judge Susan Prose upon her appointment. All future pleadings should reference Magistrate Judge Prose at the beginning of the civil action number (such as 23-cv-00809-SP). Unless otherwise ordered, the dates and times for all previously scheduled matters will be maintained and will now be handled by Magistrate Judge Prose in Courtroom C-205. Her chambers are located in Room C-254 of the Byron G. Rogers Courthouse. Her telephone number is 303-335-2722. (Text only entry) (agarc, ) [Transferred from Colorado on 5/19/2023.] (Entered: 05/02/2023)
2023-05-057STIPULATION for Extension of Time to Answer or Respond to the Complaint by Defendants Animal and Plant Health Inspection Service, National Marine Fisheries Service. Animal and Plant Health Inspection Service answer due 5/12/2023; National Marine Fisheries Service answer due 5/12/2023. (Isler, Thomas) [Transferred from Colorado on 5/19/2023.] (Entered: 05/05/2023)
2023-05-088ORDER OF RECUSAL by US Magistrate Judge Susan Begesse Prose on 05/08/2023. IT IS ORDERED that I recuse myself from further service in this matter; and The Clerk of the Court shall cause this case to be reassigned. (alave, ) [Transferred from Colorado on 5/19/2023.] (Entered: 05/09/2023)
2023-05-099CASE REASSIGNED pursuant to 8 Order of Recusal. This case is randomly reassigned Judge Robert E. Blackburn and drawn to Magistrate Judge Michael E. Hegarty. All future pleadings should be designated as 23-cv-00809-REB. (Text Only Entry) (alave, ) [Transferred from Colorado on 5/19/2023.] (Entered: 05/09/2023)
2023-05-0910MEMORANDUM RETURNING CASE by Senior Judge Blackburn. This case is randomly reassigned to Chief Judge Philip A. Brimmer and drawn to Magistrate Judge Michael E. Hegarty. All future pleadings should be designated as 23-cv-00809-PAB. (athom, ) [Transferred from Colorado on 5/19/2023.] (Entered: 05/09/2023)
2023-05-0911ORDER REFERRING CASE to Magistrate Judge Michael E. Hegarty for non-dispositive matters . Pursuant to 28 U.S.C. § 636(b)(1)(A) and (B) and Fed. R. Civ. P. 72(a) and (b), this case is referred to the assigned United States Magistrate Judge to (1) convene a scheduling conference under Fed. R. Civ. P. 16(b) and enter a scheduling order meeting the requirements of D.C.COLO.LCivR 16.2, (2) conduct such status conferences and issue such orders necessary for compliance with the scheduling order, including amendments or modifications of the scheduling order upon a showing of good cause, (3) hear and determine pretrial matters, including discovery and other non-dispositive motions, and (4) conduct a pretrial conference and enter a pretrial order. Court sponsored alternative dispute resolution is governed by D.C.COLO.LCivR 16.6. On the recommendation or informal request of the magistrate judge or on the request of the parties by motion, this court may direct the parties to engage in an early neutral evaluation, a settlement conference, or another alternative dispute resolution proceeding, by Chief Judge Philip A. Brimmer on 5/09/2023. Text Only Entry (pabsec, ) [Transferred from Colorado on 5/19/2023.] (Entered: 05/09/2023)
2023-05-0912REASSIGNING JUDGE. Due to the 8 Order of Recusal this action is returned to Magistrate Judge Kristen L. Mix. All future pleadings should be designated as 23-cv-00809-KLM. (Text Only Entry). (Text Only Entry) (agarc, ) [Transferred from Colorado on 5/19/2023.] (Entered: 05/09/2023)
2023-05-1013Joint MOTION to Transfer Case by Defendants Animal and Plant Health Inspection Service, National Marine Fisheries Service. (Isler, Thomas) [Transferred from Colorado on 5/19/2023.] (Entered: 05/10/2023)
2023-05-1014Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond re 1 Complaint, by Defendants Animal and Plant Health Inspection Service, National Marine Fisheries Service. (Isler, Thomas) [Transferred from Colorado on 5/19/2023.] (Entered: 05/10/2023)
2023-05-1115CONSENT to Jurisdiction of Magistrate Judge by Plaintiff Friends of Animals All parties consent.. (Hernick, Stephen) [Transferred from Colorado on 5/19/2023.] (Entered: 05/11/2023)
2023-05-1116MINUTE ORDER by Magistrate Judge Kristen L. Mix on May 11, 2023. This matter is before the Court on the Unopposed Motion for Extension of Time to Respond to the Complaint by Defendants 14 (the "Motion"). IT IS HEREBY ORDERED that the Motion 14 is GRANTED. The responsive pleading deadline is extended to either (1) twenty-one days after this matter is docketed in the District of Columbia if the Parties' Joint Motion to Transfer 13 is granted; or (2) if the Joint Motion to Transfer 13 is denied, seven days after such denial.(csarr, ) [Transferred from Colorado on 5/19/2023.] (Entered: 05/11/2023)
2023-05-1217ORDER OF REFERENCE. Pursuant to the consent of the parties to the jurisdiction of the magistrate judge [Docket No. 15 ], this case is referred to Magistrate Judge Kristen L. Mix for all purposes pursuant to 28 U.S.C. § 636(c). By Chief Judge Philip A. Brimmer on 5/12/2023. Text Only Entry. (jtorr, ) [Transferred from Colorado on 5/19/2023.] (Entered: 05/12/2023)
2023-05-1718ORDER OF TRANSFER by Magistrate Judge Kristen L. Mix on 05/17/2023. IT IS HEREBY ORDERED that the Joint Motion to Transfer Venue Pursuant to 28 U.S.C. § 1404 13 is granted. Pursuant to 28 U.S.C. § 1404(a), the Clerk of Court shall transfer this case to the United States District Court for the District of Columbia.(alave, ) [Transferred from Colorado on 5/19/2023.] (Entered: 05/17/2023)
2023-05-1919Case transferred in from District of Colorado; Case Number 1:23-cv-00809. Original file ,transfer order and docket sheet received. (Entered: 05/19/2023)
2023-06-0920ANSWER to 1 Complaint, by ANIMAL AND PLANT HEALTH INSPECTION SERVICE, NATIONAL MARINE FISHERIES SERVICE.(Venguswamy, Kartik) (Entered: 06/09/2023)
2023-06-1221ORDER. The parties shall meet and confer and file a Joint Status Report on or before June 23, 2023. See the attached Order for additional details. Signed by Judge Amit P. Mehta on 06/12/2023. (lcapm1) (Entered: 06/12/2023)
2023-06-12Set/Reset Deadlines: Joint Status Report due by 6/23/2023. (smc) (Entered: 06/12/2023)
2023-06-2322Joint STATUS REPORT by ANIMAL AND PLANT HEALTH INSPECTION SERVICE, NATIONAL MARINE FISHERIES SERVICE. (Venguswamy, Kartik) (Entered: 06/23/2023)
2023-06-26MINUTE ORDER. The parties shall file an additional Joint Status Report by August 21, 2023, which updates the court as to the Plaintiff's administrative appeal and the processing and production of responsive records. Signed by Judge Amit P. Mehta on 06/26/2023. (lcapm1) (Entered: 06/26/2023)
2023-08-2123NOTICE of Appearance by Jennifer Best on behalf of FRIENDS OF ANIMALS (Best, Jennifer) (Entered: 08/21/2023)
2023-08-2124Joint STATUS REPORT by ANIMAL AND PLANT HEALTH INSPECTION SERVICE, NATIONAL MARINE FISHERIES SERVICE. (Venguswamy, Kartik) (Entered: 08/21/2023)
2023-08-22MINUTE ORDER. The parties shall file an additional Joint Status Report by October 23, 2023, which updates the court on the processing and production of responsive records. Signed by Judge Amit P. Mehta on 08/22/2023. (lcapm1) (Entered: 08/22/2023)
2023-10-2325Joint STATUS REPORT by ANIMAL AND PLANT HEALTH INSPECTION SERVICE, NATIONAL MARINE FISHERIES SERVICE. (Venguswamy, Kartik) (Entered: 10/23/2023)
2023-10-24MINUTE ORDER. The parties shall file an additional Joint Status Report on or before December 22, 2023, which updates the court on the processing and production of responsive records and proposes a schedule for summary judgment briefing. Signed by Judge Amit P. Mehta on 10/24/2023. (lcapm1) (Entered: 10/24/2023)
2023-12-2226NOTICE of Appearance by Christina O'Tousa on behalf of NATIONAL MARINE FISHERIES SERVICE (O'Tousa, Christina) (Entered: 12/22/2023)
2023-12-2227Joint STATUS REPORT by ANIMAL AND PLANT HEALTH INSPECTION SERVICE, NATIONAL MARINE FISHERIES SERVICE. (O'Tousa, Christina) (Entered: 12/22/2023)
2023-12-2728ORDER. Upon review of the parties' Joint Status Report, ECF No. 27, the court orders the following with regard to further proceedings in this matter: (1) The parties shall have a final meet and confer by no later than January 19, 2024, so as to narrow the issues in actual dispute; (2) Defendants' Motion for Summary Judgment is due on or before February 9, 2024; (3) Plaintiff's Opposition to Defendants' Motion and any Cross-Motion for Summary Judgment is due on or before March 1, 2024; (4) Defendants' Reply in Support of Summary Judgment and Opposition to any Cross-Motion for Summary Judgment is due on or before March 15, 2024; and (5) Plaintiff's Reply is due on or before March 29, 2024. See the attached Order for additional details. Signed by Judge Amit P. Mehta on 12/27/2023. (lcapm1) (Entered: 12/27/2023)
2024-01-1729NOTICE OF WITHDRAWAL OF APPEARANCE as to ANIMAL AND PLANT HEALTH INSPECTION SERVICE, NATIONAL MARINE FISHERIES SERVICE. Attorney Christina O'Tousa terminated. (O'Tousa, Christina) (Entered: 01/17/2024)
2024-01-2930Joint MOTION for Extension of Time to Limit Scope of Issues by ANIMAL AND PLANT HEALTH INSPECTION SERVICE, NATIONAL MARINE FISHERIES SERVICE. (Venguswamy, Kartik) (Entered: 01/29/2024)
2024-01-30MINUTE ORDER granting 30 Motion to Extend Deadlines. Defendants' Motion for Summary Judgment shall now be due on April 9, 2024; Plaintiff's Opposition/Cross-Motion for Summary Judgment shall be due on May 1, 2024; Defendants' Reply/Cross-Opposition shall be due on May 15, 2024; and Plaintiff's Reply shall be due on May 29, 2024. Signed by Judge Amit P. Mehta on 01/30/2024. (lcapm1) (Entered: 01/30/2024)
2024-02-2231Unopposed MOTION to Intervene by Sea Research Foundation, Inc., dba Mystic Aquarium. (Attachments: # 1 Text of Proposed Order Proposed Order)(Lister, James) (Entered: 02/22/2024)
2024-02-2232LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by Sea Research Foundation, Inc., dba Mystic Aquarium (Lister, James) (Entered: 02/22/2024)
2024-02-2333ORDER granting 31 Motion to Intervene. It is hereby ORDERED that Mystic is granted leave to intervene as of right in these proceedings as a party defendant; and Mystic's proposed answer to the complaint herein, filed as Exhibit A to the Motion, shall be deemed filed as of the date this order is entered. See attached Order for additional details. Signed by Judge Amit P. Mehta on 2/23/2024. (lcapm1) (Entered: 02/23/2024)
2024-02-2334ANSWER to 1 Complaint, by SEA RESEARCH FOUNDATION.(mg) (Entered: 02/23/2024)
2024-02-2335NOTICE of Appearance by George R. Pitts on behalf of SEA RESEARCH FOUNDATION, INC. (Pitts, George) (Entered: 02/23/2024)
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