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Case TitleGranat et al v. United States Department of Agriculture et al
DistrictEastern District of California
CitySacramento
Case Number2:2015cv00605
Date Filed2015-03-18
Date Closed2017-03-02
JudgeChief Judge Morrison C. England, Jr
PlaintiffAmy Granat
PlaintiffCorky Lazzarino
PlaintiffSierra Access Coalition
PlaintiffCalifornia Off-Road Vehicle Association
PlaintiffCounty of Plumas
PlaintiffCounty of Butte
Case DescriptionAmy Granat and Sierra Access Coalition submitted a FOIA request to the U.S. Forest Service for records concerning the agency's decision to prohibit motorized vehicles in portions of Plumas National Forest. The Sierra Access Coalition requested records on consultations with the U.S. Fish and Wildlife Service and other data. The agency failed to acknowledge the request and the Sierra Coalition added the FOIA claim to its other claims concerning the illegality of the decision.
Complaint issues: Failure to respond within statutory time limit

DefendantUnited States Department of Agriculture
DefendantTom Vilsack in his official capacity as Secretary of the United States Department of Agriculture
DefendantUnited States Forest Service
DefendantThomas L Tidwell in his official capacity as Chief of the United States Forest Service
DefendantRandy Moore in his official capacity as Pacific Southwest Regional Forester
DefendantAlice B Carlton in her official capacity as the former Plumas National Forest Supervisor
DefendantEarl Ford in his official capacity as Plumas National Forest Supervisor
Documents
Docket
Complaint
Complaint attachment 1
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2015-03-181COMPLAINT for Declaratory and Injunctive Relief against All Defendants by County of Butte, Sierra Access Coalition, Corky Lazzarino, California Off-Road Vehicle Association, Amy Granat, County of Plumas. Attorney Hadzi-Antich, Theodore Cirilo added. (Filing fee $ 400, receipt number 0972-5797989) (Attachments: # 1 Civil Cover Sheet)(Hadzi-Antich, Theodore) (Entered: 03/18/2015)
2015-03-182SUMMONS ISSUED as to *Alice B Carlton, Earl Ford, Randy Moore, Thomas L Tidwell, Tom Vilsack* with answer to complaint due within *21* days. Attorney *Theodore Cirilo Hadzi-Antich* *Pacific Legal Foundation* *930 G Street* *Sacramento, CA 95814*. (Kastilahn, A) (Entered: 03/18/2015)
2015-03-183SUMMONS ISSUED as to *United States Department of Agriculture, United States Forest Service* with answer to complaint due within *60* days. Attorney *Theodore Cirilo Hadzi-Antich* *Pacific Legal Foundation* *930 G Street* *Sacramento, CA 95814*. (Kastilahn, A) (Entered: 03/18/2015)
2015-03-184CIVIL NEW CASE DOCUMENTS ISSUED; (Attachments: # 1 Consent Form, # 2 VDRP) (Kastilahn, A) (Entered: 03/18/2015)
2015-03-185DECLINE to PROCEED BEFORE US MAGISTRATE JUDGE by California Off-Road Vehicle Association, County of Butte, County of Plumas, Amy Granat, Corky Lazzarino, Sierra Access Coalition. (Hadzi-Antich, Theodore) (Entered: 03/18/2015)
2015-03-276SUMMONS RETURNED EXECUTED by County of Butte, Sierra Access Coalition, Corky Lazzarino, California Off-Road Vehicle Association, Amy Granat, County of Plumas. Alice B Carlton served on 3/27/2015; Earl Ford served on 3/27/2015; Randy Moore served on 3/27/2015; Thomas L Tidwell served on 3/27/2015; United States Department of Agriculture served on 3/27/2015; United States Forest Service served on 3/27/2015; Tom Vilsack served on 3/27/2015. (Hadzi-Antich, Theodore) Modified on 3/30/2015 (Meuleman, A). (Entered: 03/27/2015)
2015-04-097NOTICE of APPEARANCE by John Tustin, GOVT on behalf of Alice B Carlton, Earl Ford, Randy Moore, Thomas L Tidwell, United States Department of Agriculture, United States Forest Service, Tom Vilsack. Attorney Tustin, John added. (Tustin, John) (Entered: 04/09/2015)
2015-04-138STIPULATION and PROPOSED ORDER for Extension of Time for Federal Defendants to Respond to Freedon of Information Act Claims by United States Department of Agriculture. Attorney Ernce, Lynn Trinka added. (Ernce, Lynn) (Entered: 04/13/2015)
2015-04-169STIPULATION and ORDER signed by Chief Judge Morrison C. England, Jr on 4/15/15 ORDERING that the time for the federal defendants to respond to the FOIA claims shall be extended by 30 days so that their responses to all claims will be due 60 days after the date of service, which is May 29, 2015. (Becknal, R) (Entered: 04/16/2015)
2015-05-2910JOINT STATUS REPORT by Alice B Carlton, Earl Ford, Randy Moore, Thomas L Tidwell, United States Department of Agriculture, United States Forest Service, Tom Vilsack. (Tustin, John) (Entered: 05/29/2015)
2015-05-2911MOTION to DISMISS, or in the alternative, MOTION FOR SUMMARY JUDGMENT by Alice B Carlton, Earl Ford, Randy Moore, Thomas L Tidwell, United States Department of Agriculture, United States Forest Service, Tom Vilsack. Motion Hearing set for 7/9/2015 at 02:00 PM in Courtroom 7 (MCE) before Chief Judge Morrison C. England Jr. (Attachments: # 1 Memorandum of Points and Authorities, # 2 Declaration of Elizabeth A. Schramel)(Ernce, Lynn) (Entered: 05/29/2015)
2015-05-2912ANSWER by Alice B Carlton, Earl Ford, Randy Moore, Thomas L Tidwell, United States Department of Agriculture, United States Forest Service, Tom Vilsack.(Tustin, John) (Entered: 05/29/2015)
2015-06-2413OPPOSITION by California Off-Road Vehicle Association, County of Butte, County of Plumas, Amy Granat, Corky Lazzarino, Sierra Access Coalition to 11 Motion to Dismiss, or in the alternative, for Summary Judgment. (Attachments: # 1 Declaration of Corky Lazzarino)(Hadzi-Antich, Theodore) (Entered: 06/24/2015)
2015-07-0214REPLY by United States Department of Agriculture re 11 Motion to Dismiss, or in the alternative, for Summary Judgment. (Attachments: # 1 Declaration of Lynn Trinka Ernce)(Ernce, Lynn) (Entered: 07/02/2015)
2015-07-0615MINUTE ORDER (Text Only) issued by courtroom deputy for Chief District Judge, Morrison C. England, Jr.: On the Court's own motion and pursuant to Local Rule 230(g), the Defendants' Motion to Dismiss, or in the alternative, Motion for Summary Judgment (ECF No. 11), scheduled for hearing on July 9, 2015, is submitted without oral argument and the hearing is vacated. If the Court determines that oral argument is needed it will be scheduled at a later date. Any outstanding request for telephonic appearance is denied as moot. (Deutsch, S) (Entered: 07/06/2015)
2015-07-0616MOTION for Permission to File a Sur-Reply by Defendants. (Attachments: # 1 Sur-Reply, # 2 Declaration of Corky Lazzarino, # 3 Exhibit A, # 4 Exhibit B, # 5 Exhibit C, # 6 Exhibit D, # 7 Exhibit E, # 8 Exhibit F)(Hadzi-Antich, Theodore) Modified on 7/9/2015 (Kastilahn, A). (Entered: 07/06/2015)
2015-07-0617OPPOSITION by Alice B Carlton, Earl Ford, Randy Moore, Thomas L Tidwell, United States Department of Agriculture, United States Forest Service, Tom Vilsack to 16 MOTION Permission to File a Sur-Reply. (Ernce, Lynn) (Entered: 07/06/2015)
2015-07-2718FIRST AMENDED STATUS REPORT by Alice B Carlton, Earl Ford, Randy Moore, Thomas L Tidwell, United States Department of Agriculture, United States Forest Service, Tom Vilsack. (Tustin, John) (Entered: 07/27/2015)
2015-07-2919MEMORANDUM AND ORDER signed by Chief Judge Morrison C. England, Jr. on 7/28/2015 ORDERING Plaintiff's 16 Motion to File a Sur-Reply is DENIED; Defendants' Motion to Dismiss 11 is GRANTED, and Plaintiff's twelfth cause of action (the FOIA claim) is DISMISSED with prejudice. (Reader, L) (Entered: 07/29/2015)
2015-08-1120SCHEDULING ORDER signed by Chief Judge Morrison C. England, Jr. on 8/10/2015 ORDERING that Defendants shall provide Plaintiffs a copy of the entire administrative record by 10/9/2015. Plaintiffs shall file any objections to the adequacy of the administrative record by 12/14/2015. If the parties are unable to resolve any dispute concerning the completeness or adequacy of the administrative record, any motion must be filed by 1/19/2016. Defendants shall certify and lodge an electronic copy of the complete administrative record on CD/DVD or portable hard drive with the Court by 3/31/2016. The parties' opening briefs shall be filed by 3/31/2016. Federal Defendants' cross-motion and response brief shall be due 5/12/2016. Plaintiffs' response/reply brief shall be due 6/9/2016. Federal Defendants' reply brief shall be due 7/7/2016. Hearing on such motions shall be on 7/21/2016, at 2:00 p.m. (Zignago, K.) (Entered: 08/11/2015)
2015-11-0621ORDER REASSIGNING CASE by Chief Judge Morrison C. England, Jr.: Due to the elevation of Magistrate Judge Dale A. Drozd to the position of District Judge, this action is temporarily assigned to *Magistrate Judge Edmund F. Brennan*. (Donati, J) (Entered: 11/06/2015)
2016-01-1922MOTION to COMPEL inclusion of certain cocuments of Administrative Record by plaintiffs. Motion Hearing SET for 2/17/2016 at 10:00 AM in Courtroom 8 (EFB) before Magistrate Judge Edmund F. Brennan. (Attachments: # 1 Points and Authorities, # 2 Declaration Kyle Felker, # 3 Exhibit A, # 4 Exhibit B, # 5 Exhibit C, # 6 Exhibit D) (Hadzi-Antich, Theodore) Modified on 1/19/2016 (Donati, J). Modified on 1/21/2016 (Mena-Sanchez, L). (Entered: 01/19/2016)
2016-02-0223MINUTE ORDER (Text Only) issued by courtroom deputy for Chief District Judge, Morrison C. England, Jr.: On the Court's own motion the February 17, 2016, Motion to Compel (ECF No. 22) set before Magistrate Judge Brennan is vacated and reset for hearing on March 10, 2016, at 2:00 p.m., in courtroom 7. Plaintiffs' counsel is directed to address his failure to timely file objections to the adequacy of the administrative record as ordered in the Court's Scheduling Order (ECF No. 20), not later than February 11, 2016. (Deutsch, S) (Entered: 02/02/2016)
2016-02-0924RESPONSE by California Off-Road Vehicle Association, County of Butte, County of Plumas, Amy Granat, Corky Lazzarino to Minute Order (ECF No. 23). (Attachments: # 1 Exhibit A)(Hadzi-Antich, Theodore) Modified on 2/10/2016 (Kastilahn, A). (Entered: 02/09/2016)
2016-02-1925RESPONSE by federal defendants in opposition to plaintiffs' 22 Motion to Compel inclusion of certain documents as part of administrative record. (Attachments: # 1 Exhibit 1 - Declaration of Katherine Carpenter, # 2 Exhibit B - Index of Administrative Record) (Tustin, John) Modified on 2/23/2016 (Marciel, M) (Entered: 02/19/2016)
2016-03-0226PLAINTIFFS' REPLY to Federal Defendants' 25 Opposition to motion to compel. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Hadzi-Antich, Theodore) Modified on 3/3/2016 (Becknal, R). (Entered: 03/02/2016)
2016-03-0327FEDERAL DEFENDANTS' REQUEST to Appear Telephonically for the hearing re 22 Motion to Compel. (Attachments: # 1 Proposed Order)(Walker, Davene) Modified on 3/4/2016 (Becknal, R). (Entered: 03/03/2016)
2016-03-0728MINUTE ORDER (Text Only) issued by courtroom deputy for Chief District Judge, Morrison C. England, Jr.: On the Court's own motion and pursuant to Local Rule 230(g), the Plaintiff's Motion to Compel Inclusion (ECF No. 22), scheduled for hearing on March 10, 2016, is submitted without oral argument and the hearing is vacated. If the Court determines that oral argument is needed it will be scheduled at a later date. Any outstanding request for telephonic appearance is denied as moot. (Deutsch, S) (Entered: 03/07/2016)
2016-03-1729NOTICE of Lodging the Administrative Record by Alice B Carlton, Earl Ford, Randy Moore, Thomas L Tidwell, United States Department of Agriculture, United States Forest Service, Tom Vilsack. (Attachments: # 1 Declaration of Katherine Carpenter, # 2 Index of Administrative Record)(Tustin, John) Modified on 3/17/2016 (Kaminski, H). (Entered: 03/17/2016)
2016-03-3030ORDER signed by Chief Judge Morrison C. England, Jr. on 03/29/16 ORDERING that plaintiff's 22 Motion to Compel Inclusion of Certain Documents as Part of the Administrative Record is DENIED. (Benson, A) (Entered: 03/30/2016)
2016-03-3031MOTION for SUMMARY JUDGMENT [MEMORANDUM] by Plaintiffs. Motion Hearing set for 7/21/2016 at 02:00 PM in Courtroom 7 (MCE) before Chief Judge Morrison C. England Jr.. (Attachments: # 1 Notice of Motion and Motion, # 2 Statement of Undisputed Facts, # 3 Declaration of Crump, # 4 Declaration of Granat, # 5 Declaration of Lazzarino, # 6 Declaration of Perreault)(Hadzi-Antich, Theodore) Modified on 3/31/2016 (Kaminski, H). (Entered: 03/30/2016)
2016-03-3032NOTICE of APPEARANCE by Damien Michael Schiff on behalf of California Off-Road Vehicle Association, County of Butte, County of Plumas, Amy Granat, Corky Lazzarino, Sierra Access Coalition. Attorney Schiff, Damien Michael added. (Schiff, Damien) (Entered: 03/30/2016)
2016-04-0133MINUTE ORDER (Text Only) issued by courtroom deputy for Chief District Judge, Morrison C. England, Jr.: The Court is in receipt of Plaintiffs' Motion for Summary Judgment (ECF No. 31). The motion as filed is deficient must be renoticed in compliance with Local Rule 230(a). Accordingly, the July 21, 2016, hearing is vacated. Available civil law and motion calendar dates can be found on the Court's website at www.caed.uscourts.gov by following these menu items: Judges, All Judges, Chief United States District Judge Morrison C. England, Jr. (MCE), Standard Information (under the Case Management Procedures). Reservation of a hearing date is not required and all civil motions are at 2:00 p.m., in courtroom 7. (Deutsch, S) (Entered: 04/01/2016)
2016-04-0434NOTICE of Withdrawal by All Plaintiffs. (Schiff, Damien) (Entered: 04/04/2016)
2016-04-0435MINUTE ORDER (Text Only) issued by courtroom deputy for Chief District Judge, Morrison C. England, Jr.: On the Court's own motion, the July 21, 2016, Motion for Summary Judgment (ECF No. 31) is vacated and continued to July 28, 2016, at 2:00 p.m., in courtroom 7. (Deutsch, S) (Entered: 04/04/2016)
2016-05-1236MOTION TO STRIKE Extra-Record Declarations re 31 Motion for Summary Judgment by Alice B Carlton, Earl Ford, Randy Moore, Thomas L Tidwell, United States Department of Agriculture, United States Forest Service, Tom Vilsack. Motion Hearing SET for 7/28/2016 at 02:00 PM in Courtroom 7 (MCE) before District Judge Morrison C. England, Jr. (Attachments: # 1 Memorandum, # 2 Proposed Order) (Tustin, John) Modified on 5/13/2016 (Michel, G.). (Entered: 05/12/2016)
2016-05-1237CROSS-MOTION FOR SUMMARY JUDGMENT by Alice B Carlton, Earl Ford, Randy Moore, Thomas L Tidwell, United States Department of Agriculture, United States Forest Service, Tom Vilsack. Motion Hearing SET for 7/28/2016 at 02:00 PM in Courtroom 7 (MCE) before District Judge Morrison C. England, Jr. (Attachments: # 1 Memorandum of Points and Authorities, # 2 Statement of Undisputed Facts, # 3 Response to Plaintiffs' Statement of Undisputed Facts) (Tustin, John) Modified on 5/13/2016 (Michel, G.). (Entered: 05/12/2016)
2016-06-0938OPPOSITION by California Off-Road Vehicle Association, County of Butte, County of Plumas, Amy Granat, Corky Lazzarino, Sierra Access Coalition to 37 Cross-Motion for Summary Judgment. (Attachments: # 1 Response to Federal Defendants' Statement of Undisputed Facts)(Schiff, Damien) (Entered: 06/09/2016)
2016-06-0939RESPONSE by California Off-Road Vehicle Association, County of Butte, County of Plumas, Amy Granat, Corky Lazzarino, Sierra Access Coalition to 36 Motion to Strike. (Schiff, Damien) (Entered: 06/09/2016)
2016-07-0740REPLY by Alice B Carlton, Earl Ford, Randy Moore, Thomas L Tidwell, United States Department of Agriculture, United States Forest Service, Tom Vilsack re 36 Motion to Strike. (Tustin, John) (Entered: 07/07/2016)
2016-07-0741REPLY by Alice B Carlton, Earl Ford, Randy Moore, Thomas L Tidwell, United States Department of Agriculture, United States Forest Service, Tom Vilsack re 37 Cross-Motion for Summary Judgment. (Walker, Davene) (Entered: 07/07/2016)
2016-07-2642MINUTE ORDER (Text Only) issued by courtroom deputy for District Judge, Morrison C. England, Jr.: On the Court's own motion and pursuant to Local Rule 230(g), the Plaintiffs' Motion for Summary Judgment (ECF No. 31), Defendants' Motion to Strike (ECF No. 36) and Defendants' Motion for Summary Judgment (ECF No. 37), all scheduled for hearing on July 28, 2016, are submitted without oral argument and the hearing is vacated. If the Court determines that oral argument is needed it will be scheduled at a later date. Any outstanding request for telephonic appearance is denied as moot. (Deutsch, S) (Entered: 07/26/2016)
2016-08-0243ORDER REASSIGNING CASE by Chief Judge Lawrence J. O'Neill: Due to the appointment of *Magistrate Judge Deborah Barnes* to the bench of the Eastern District of California, this action is reassigned from *Magistrate Judge Edmund F. Brennan* to Magistrate Judge Deborah Barnes for all further proceedings. (Reader, L) (Entered: 08/02/2016)
2017-03-0244MEMORANDUM and ORDER signed by District Judge Morrison C. England, Jr. on 03/01/2017 DENYING Plaintiffs' 31 Motion for Summary Judgment; GRANTING Defendants' 37 Cross-Motion for Summary Judgment; and GRANTING IN PART, DENYING IN PART Defendants' 36 Motion to Strike. The matter having now been concluded in its entirety, the Clerk of Court is directed to close the file. CASE CLOSED. (Jackson, T) (Entered: 03/02/2017)
2017-03-0245JUDGMENT dated *03/02/2017* in favor of Defendant against Plaintiff pursuant to order signed by District Judge Morrison C. England, Jr. on 03/01/2017. (Jackson, T) (Entered: 03/02/2017)
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