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Case TitlePUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY v. U.S. DEPARTMENT OF THE INTERIOR
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2008cv00045
Date Filed2008-01-10
Date Closed2011-03-10
JudgeJudge Benson Everett Legg
PlaintiffPUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY
Case DescriptionPublic Employees for Environmental Responsibility submitted a FOIA request to the Department of the Interior for records concerning an Inspector General's report entitled "Assessment of the U.S. Fish and Wildlife Service Office of Law Enforcement." The agency acknowledged receipt of the request, but after hearing nothing further, PEER filed an administrative appeal. After still hearing nothing further from the agency, PEER filed suit.
Complaint issues: Litigation - Attorney's fees, Failure to respond within statutory time limit

DefendantU.S. DEPARTMENT OF THE INTERIOR
Documents
Docket
Complaint
Complaint attachment 1
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2008-01-101COMPLAINT against U.S. DEPARTMENT OF THE INTERIOR ( Filing fee $ 350, receipt number 4616009465) filed by PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY. (Attachments: # 1 Civil Cover Sheet)(tg, ) (Entered: 01/11/2008)
2008-01-10Summons (3) Issued as to U.S. DEPARTMENT OF THE INTERIOR, U.S. Attorney and U.S. Attorney General (tg, ) (Entered: 01/11/2008)
2008-02-042SUMMONS Returned Executed by PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY. U.S. DEPARTMENT OF THE INTERIOR served on 1/18/2008, answer due 2/19/2008. (Dinerstein, Paula) (Entered: 02/04/2008)
2008-02-043RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the US Attorney. U.S. DEPARTMENT OF THE INTERIOR served on 1/25/2008, answer due 3/25/2008 (Dinerstein, Paula) (Entered: 02/04/2008)
2008-02-044RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on Attorney General. Date of Service Upon Attorney General 01/28/08. (Dinerstein, Paula) (Entered: 02/04/2008)
2008-02-275MOTION to Stay by U.S. DEPARTMENT OF THE INTERIOR (Attachments: # 1 Decl. of Sandra Evans)(Lowy, Brandon) (Entered: 02/27/2008)
2008-03-046NOTICE re: Defendant's Motion for a Stay of Proceedings 6 by U.S. DEPARTMENT OF THE INTERIOR re 5 MOTION to Stay (Attachments: # 1 Exhibit Exh 1 - PEER FOIA request, # 2 Exhibit Exh 2 - Acknowledgement to PEER, # 3 Exhibit Exh 3 - PEER appeal, # 4 Exhibit Exh 4 - Acknowledgement of PEER appeal, # 5 Exhibit Exh 5 - Response to PEER appeal)(Lowy, Brandon) . (Entered: 03/04/2008)
2008-03-107Memorandum in opposition to re 5 MOTION to Stay or Extend Time filed by PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY. (Attachments: # 1 Exhibit)(Dinerstein, Paula) (Entered: 03/10/2008)
2008-03-12MINUTE ORDER denying 5 defendant's Motion to Stay and granting defendant's Motion for Extension of Time. Based on the conference call held on this date, the Court has established the following production and briefing schedule: defendant is to begin production on a rolling basis of non-exempt documents on or before April 15, 2008; defendant is to complete production of all non-exempt documents and to finalize its Vaughn Index on or before May 27, 2008; plaintiff is to notify defendant on or before June 13, 2008 of those items it intends to contest; defendant's summary judgment motion is due on or before July 14, 2008; plaintiff's opposition and cross-motion for summary judgment is due on or before August 4, 2008; defendant's reply and opposition is due on or before August 18, 2008; and plaintiff's reply is due on or before September 2, 2008.Signed by Judge Ellen S. Huvelle on March 12, 2008.(lcesh2) (Entered: 03/12/2008)
2008-03-26Set/Reset Deadlines: Summary Judgment motions due by 7/14/2008. Cross Motions due by 8/4/2008. Response to Motion for Summary Judgment due by 8/4/2008. Response to Cross Motions due by 8/18/2008. Reply to Motion for Summary Judgment due by 8/18/2008. Reply to Cross Motions due by 9/2/2008. (gdf) (Entered: 03/26/2008)
2008-07-018Consent MOTION for Extension of Time to File a Motion for Summary Judgment and to Reset Other Briefing Deadlines by U.S. DEPARTMENT OF THE INTERIOR (Lowy, Brandon) (Entered: 07/01/2008)
2008-07-01MINUTE ORDER granting 8 Defendant's Consent Motion for an Extension of Time to File a Motion for Summary Judgment and to Reset Other Briefing Deadlines. Defendant shall file its motion for summary judgment on or before October 1, 2008; plaintiff shall file its opposition and cross-motion for summary judgment on or before October 22, 2008; defendant shall file its reply and opposition on or before November 5, 2008; and plaintiff shall file its reply on or before November 19, 2008. Signed by Judge Ellen S. Huvelle on 7/1/2008. (VT) (Entered: 07/01/2008)
2008-07-01Set/Reset Deadlines: Cross Motions due by 10/22/2008. Response to Cross Motions due by 11/5/2008. Reply to Cross Motions due by 11/19/2008. Summary Judgment motions due by 10/1/2008. Response to Motion for Summary Judgment due by 10/22/2008. Reply to Motion for Summary Judgment due by 11/5/2008. (gdf) (Entered: 07/01/2008)
2008-08-219NOTICE OF SUBSTITUTION OF COUNSEL by John G. Interrante on behalf of U.S. DEPARTMENT OF THE INTERIOR Substituting for attorney Brandon L. Lowy (Interrante, John) (Entered: 08/21/2008)
2008-09-3010Consent MOTION for Extension of Time to File a Motion for Summary Judgment and to Reset Other Briefing Deadlines by U.S. DEPARTMENT OF THE INTERIOR (Attachments: # 1 Text of Proposed Order)(Interrante, John) (Entered: 09/30/2008)
2008-09-30MINUTE ORDER granting 10 Defendant's Consent Motion for an Extension of Time to File a Motion for Summary Judgment and to Reset Other Briefing Deadlines. Defendant shall file its motion for summary judgment on or before November 3, 2008; plaintiff shall file its opposition and cross-motion for summary judgment on or before November 24, 2008; defendant shall file its reply and opposition on or before December 8, 2008; and plaintiff shall file its reply on or before December 22, 2008. Signed by Judge Ellen S. Huvelle on 9/30/2008. (VT) (Entered: 09/30/2008)
2008-11-0311Consent MOTION for Extension of Time to File a Motion for Summary Judgment and to Reset Other Briefing Deadlines by U.S. DEPARTMENT OF THE INTERIOR (Attachments: # 1 Text of Proposed Order)(Interrante, John) (Entered: 11/03/2008)
2008-11-03MINUTE ORDER granting 11 Defendant's Consent Motion for an Extension of Time to file a Motion for Summary Judgment and to Reset Other Briefing Deadlines. Defendant shall file its motion for summary judgment on or before November 14, 2008. Plaintiff shall file its opposition and cross-motion for summary judgment on or before December 8, 2008. Defendant shall file its reply and opposition on or before December 22, 2008. Plaintiff shall file its reply on or before January 9, 2009. Signed by Judge Ellen S. Huvelle on 11/3/2008. (VT) (Entered: 11/03/2008)
2008-11-04Set/Reset Deadlines: Cross Motions due by 12/8/2008. Response to Cross Motions due by 12/22/2008. Reply to Cross Motions due by 1/9/2009. Summary Judgment motions due by 11/14/2008. Response to Motion for Summary Judgment due by 12/8/2008. Reply to Motion for Summary Judgment due by 12/22/2008. (gdf) (Entered: 11/04/2008)
2008-11-1412MOTION for Extension of Time to File a Motion for Summary Judgment and to Reset Other Briefing Deadlines by U.S. DEPARTMENT OF THE INTERIOR (Attachments: # 1 Text of Proposed Order)(Interrante, John) (Entered: 11/14/2008)
2008-12-01MINUTE ORDER granting 12 Defendant's Motion for an Extension of Time to File a Motion for Summary Judgment and to Reset Other Briefing Deadlines. Defendant shall file its motion for summary judgment on or before December 12, 2008. Plaintiff shall file its opposition and cross-motion for summary judgment on or before January 8, 2009. Defendant shall file its reply and opposition on or before January 22, 2009. Plaintiff shall file its reply on or before February 9, 2009. Signed by Judge Ellen S. Huvelle on 12/1/2008. (VT) (Entered: 12/01/2008)
2008-12-01Set/Reset Deadlines: Cross Motions due by 1/8/2009. Response to Cross Motions due by 1/22/2009. Reply to Cross Motions due by 2/9/2009. Summary Judgment motions due by 12/12/2008. Response to Motion for Summary Judgment due by 1/8/2009. Reply to Motion for Summary Judgment due by 1/22/2009. (gdf) (Entered: 12/01/2008)
2008-12-1213MOTION for Extension of Time to file motion for summary judgment by U.S. DEPARTMENT OF THE INTERIOR (Attachments: # 1 Text of Proposed Order)(Interrante, John) (Entered: 12/12/2008)
2008-12-1514MOTION for Summary Judgment by U.S. DEPARTMENT OF THE INTERIOR (Attachments: # 1 Affidavit Declaration of Sandra Evans, # 2 Attachment A (Vaughn Index) to the Declaration of Sandra Evans, # 3 Exhibit 1-13 to the Declaration of Sandra Evans, # 4 Text of Proposed Order)(Interrante, John) (Entered: 12/15/2008)
2008-12-1515ERRATA by U.S. DEPARTMENT OF THE INTERIOR 14 MOTION for Summary Judgment filed by U.S. DEPARTMENT OF THE INTERIOR. (Attachments: # 1 Statement of Facts (Defendant's Statement of Material Facts as to Which There Is No Genuine Dispute))(Interrante, John) (Entered: 12/15/2008)
2008-12-16MINUTE ORDER granting 13 Defendant's Motion for One-Day Extension of Time to File a Motion for Summary Judgment. Signed by Judge Ellen S. Huvelle on 12/16/2008. (VT) (Entered: 12/16/2008)
2008-12-1616ERRATA by U.S. DEPARTMENT OF THE INTERIOR 14 MOTION for Summary Judgment filed by U.S. DEPARTMENT OF THE INTERIOR. (Attachments: # 1 Attachment B - Redacted Documents Referenced in Vaughn Index)(Interrante, John) (Entered: 12/16/2008)
2008-12-1717NOTICE of Filing of Bulky Exhibit by U.S. DEPARTMENT OF THE INTERIOR re 14 MOTION for Summary Judgment, 15 Errata, 16 Errata (Interrante, John) (Entered: 12/17/2008)
2009-01-0618Consent MOTION for Extension of Time to File Opposition and Cross-Motion for Summary Judgment by PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY (Attachments: # 1 Text of Proposed Order)(Dinerstein, Paula) (Entered: 01/06/2009)
2009-01-06MINUTE ORDER granting 18 Plaintiff's Consent Motion for an Extension of Time to File a Motion in Opposition and Cross-Motion for Summary Judgment and to Reset Other Briefing Deadlines. Plaintiff shall file its opposition to defendant's motion for summary judgment and cross-motion on or before January 16, 2009. Defendant shall file its reply and opposition on or before February 3, 2009. Plaintiff shall file its reply on or before February 19, 2009. Signed by Judge Ellen S. Huvelle on 1/6/2009. (VT) (Entered: 01/06/2009)
2009-01-07Set/Reset Deadlines: Cross Motions due by 1/16/2009. Response to Cross Motions due by 2/3/2009. Reply to Cross Motions due by 2/19/2009. Response to Motion for Summary Judgment due by 1/16/2009. Reply to Motion for Summary Judgment due by 2/3/2009. (gdf) (Entered: 01/07/2009)
2009-01-1619Cross MOTION for Summary Judgment and Opposition by PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY (Attachments: # 1 Memorandum in Support)(Dinerstein, Paula) (Additional attachment(s) added on 1/21/2009: # 2 Exhibit 1, # 3 Text of Proposed Order) (nmw, ). (Entered: 01/16/2009)
2009-01-1620ENTERED IN ERROR.....Proposed MOTION for Summary Judgment Proposed Order by PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY (Dinerstein, Paula) Modified on 1/21/2009 (nmw, ). (Entered: 01/16/2009)
2009-01-1623Memorandum in opposition to re 14 MOTION for Summary Judgment filed by PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY. (See Docket 19 to view document). (nmw, ) (Entered: 01/21/2009)
2009-01-1721MOTION for Extension of Time to File Exhibit per Rule 6(b)(2) by PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY (Attachments: # 1 Text of Proposed Order)(Dinerstein, Paula) (Entered: 01/17/2009)
2009-01-1722ENTERED IN ERROR.....Cross MOTION for Summary Judgment Exhibit 1 by PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY (Attachments: # 1 Exhibit Plaintiff's Exhibit 1)(Dinerstein, Paula) Modified on 1/21/2009 (nmw, ). (Entered: 01/17/2009)
2009-01-21MINUTE ORDER granting 21 Plaintiff's Motion for an Extension of Time to File an Exhibit that was Omitted During Filing of Plaintiff's Opposition and Cross-Motion for Summary Judgment. Plaintiff shall file its Exhibit 1 on or before January 19, 2009. Signed by Judge Ellen S. Huvelle on 1/21/2009. (VT) (Entered: 01/21/2009)
2009-01-21NOTICE OF CORRECTED DOCKET ENTRY: Docket Entries 22 Cross MOTION for Summary Judgment Exhibit 1 , 20 Proposed MOTION for Summary Judgment Proposed Order were entered in error as separate motions. Exhibit 1 and the proposed order have been added to Docket Entry 19 . (nmw, ) (Entered: 01/21/2009)
2009-01-22Set/Reset Deadlines: Exhibit 1 due by 1/19/2009. (gdf) (Entered: 01/22/2009)
2009-02-0324Consent MOTION for Extension of Time to File Response/Reply by U.S. DEPARTMENT OF THE INTERIOR (Attachments: # 1 Text of Proposed Order)(Interrante, John) (Entered: 02/03/2009)
2009-02-04MINUTE ORDER granting 24 Defendant's Consent Motion for Enlargement of Time to File Reply and Opposition to Cross Motion for Summary Judgment. Defendant shall file its reply and opposition on or before March 5, 2009. Plaintiff shall file its reply in support of its cross motion on or before April 6, 2009. Signed by Judge Ellen S. Huvelle on 2/4/2009. (VT) (Entered: 02/04/2009)
2009-02-04Set/Reset Deadlines: Defendant's response to Cross Motions due by 3/5/2009. Plaintiff's reply to Cross Motions due by 4/6/2009. Defendant's to Motion for Summary Judgment due by 3/5/2009. (gdf) (Entered: 02/04/2009)
2009-03-0525Consent MOTION for Extension of Time to File Response/Reply as to 14 MOTION for Summary Judgment, 19 Cross MOTION for Summary Judgment and Opposition by U.S. DEPARTMENT OF THE INTERIOR (Attachments: # 1 Text of Proposed Order)(Interrante, John) (Entered: 03/05/2009)
2009-03-05MINUTE ORDER granting 25 Defendant's Consent Motion for an Enlargement of Time to File Reply and Opposition to Cross Motion for Summary Judgment. Defendant shall file its reply and opposition to plaintiff's motion in opposition and cross-motion for summary judgment on or before March 26, 2009. Plaintiff shall file its reply on or before April 27, 2009. Signed by Judge Ellen S. Huvelle on 3/5/2009. (VT) (Entered: 03/05/2009)
2009-03-06Set/Reset Deadlines: Response to Cross Motion due by 3/26/2009. Reply to Cross Motion due by 4/27/2009. (gdf) (Entered: 03/06/2009)
2009-03-2626REPLY to opposition to motion re 14 MOTION for Summary Judgment, 19 Cross MOTION for Summary Judgment and Opposition filed by U.S. DEPARTMENT OF THE INTERIOR. (Interrante, John) (Entered: 03/26/2009)
2009-04-2727REPLY to opposition to motion re 19 Cross MOTION for Summary Judgment and Opposition filed by PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY. (Attachments: # 1 Statement of Facts Facts in Dispute, # 2 Statement of Facts Facts Not in Dispute, # 3 Exhibit Interview Notes)(Dinerstein, Paula) (Entered: 04/27/2009)
2009-06-1928ORDER by Chief Justice of the United States Supreme Court directing the designation and assignment of a United States District Judge for service in another circuit; assigning Judge Benson Everett Legg of the U.S. District Court for District of Maryland to this case. (Signed by Chief Justice John D. Roberts on 6/16/09). (Entered: 06/19/2009) (Entered: 06/19/2009)
2009-06-1929Case Reassigned to Judge Benson Everett Legg, visting Judge, USDC for Maryland, by designation. Judge Ellen S. Huvelle no longer assigned to the case. (jeb, ) (Entered: 06/19/2009)
2010-05-2530ORDER setting Motion Hearing on the pending cross motions for summary judgment for 7/9/2010 02:00 PM before Judge Benson Everett Legg at the UnitedStates District Court for the District of Maryland, 101 West Lombard Street, Courtroom 7A, Baltimore, Maryland. Despite the informal nature of this memorandum, it shall constitute an Order of the Courtand is docketed accordingly. Signed on 5/25/10 by Judge Benson Everett Legg, U.S. District Court Judge for the District of Maryland, sitting by designation. (jeb, ) (Entered: 05/25/2010)
2010-06-0231ORDER resetting Motion Hearing on pending cross motions for 7/14/2010 10:00 AM before Judge Benson Everett Legg at the U.S. District Court for the District of Maryland in Courtroom 7A, 101 West Lombard Street, Baltimore Maryland.. Signed on 6/1/10 by Judge Benson Everett Legg, U.S. District Court Judge for the District of Maryland, sitting by designation. Despite the informal nature of this memorandum, it shall constitute an Order of the Courtand is docketed accordingly.(jeb, ) (Entered: 06/02/2010)
2010-07-1232ORDER resetting Motion Hearing on pending cross motions for 9/30/10 2:00 pm before Judge Benson Everett Legg at the U.S. District Court for the District of Maryland in Courtroom 7A, 101 West Lombard Street, Baltimore Maryland.. Signed on 7/12/10 by Judge Benson Everett Legg, U.S. District Court Judge for the District of Maryland, sitting by designation. Despite the informal nature of this memorandum, it shall constitute an Order of the Courtand is docketed accordingly.(jeb, ) (Entered: 07/12/2010)
2010-09-3033Minute Entry for proceedings held before Judge Benson Everett Legg: Motion Hearing held on 9/30/2010 re 19 Cross MOTION for Summary Judgment and Opposition filed by PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY, 14 MOTION for Summary Judgment filed by U.S. DEPARTMENT OF THE INTERIOR; motions taken under advisement. U.S. District Court Judge Benson Everett Legg for the District of Maryland, sitting by designation. (Court Reporter FTR/Smith.) (jeb, ) (jeb, ). (Entered: 10/05/2010)
2010-12-2034NOTICE of Settlement (Joint) by U.S. DEPARTMENT OF THE INTERIOR (Interrante, John) (Entered: 12/20/2010)
2010-12-2335SETTLEMENT ORDER (LOCAL RULE 111). Signed by Judge Benson Everett Legg on 12/21/2010. (jf, ) (Entered: 12/27/2010)
2011-02-0436Joint MOTION to Reopen Case to Complete Settlement by U.S. DEPARTMENT OF THE INTERIOR (Attachments: # 1 Text of Proposed Order)(Interrante, John) (Entered: 02/04/2011)
2011-02-1737PAPERLESS ORDER granting in part and denying in part 36 Motion to Reopen Case. Motion to Reopen is DENIED. Parties GRANTED additional 45 days to consummate settlement. Signed by Judge Benson Everett Legg on 2/17/2011. (Legg, Benson Everett) (Entered: 02/17/2011)
2011-03-0938STIPULATION of Dismissal (and Settlement) by PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY, U.S. DEPARTMENT OF THE INTERIOR. (Interrante, John) (Entered: 03/09/2011)
2011-03-1039FIAT ORDER approving the 38 Stipulation of Settlement and Dismissal filed by PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY and U.S. DEPARTMENT OF THE INTERIOR signed by Judge Benson Everett Legg on 3/10/11. (tnr, ) (Entered: 03/14/2011)
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