Case Detail

FOIA Project Annotation: In response to the request by Story of Stuff Project and the Courage Campaign Institute for records about Nestle's water operations, the U.S. Forest Service located 928 photos, 728 GIS files, 4 spreadsheets, one video, and 11,425 pages of responsive records. The agency disclosed 8,193 pages in full, 1,991 pages in part, and withheld 1,241 pages entirely, citing Exemption 4 and Exemption 9, as well as Exemption 5 and Exemption 6 (invasion of privacy). Under Exemption 4, the agency withheld mapping information describing the location of springs and pathways to those locations, technical specifications of equipment, geological and hydrogeological analysis of springs, and proprietary groundwater production information. The agency also withheld the text of a report consisting of GIS files, photographs, field inventory forms and analytical reports. The agency claimed that disclosure of this information would likely cause substantial competitive harm to Nestle. Story of Stuff Project argued that a 1999 Dames & Moore report assessing Arrowhead Springs in the San Bernardino Mountains, released by the California State Water Resources Control Board, had made public much of the information about the location of wells and water operations that Nestle was claiming as proprietary. The agency provided an affidavit from Nestle arguing that the Old Fire of October 2003 in the San Bernardino Mountains had destroyed Nestle's existing infrastructure requiring the company to completely rebuild it. Mehta agreed that Nestle's affidavit undercut Story of Stuff Project's public domain argument but pointed out that the plaintiffs questioned whether or not the 2003 fire had destroyed Nestle's underground infrastructure. Mehta observed that "the court is persuaded that the 2003 fire led [Nestle] to replace nearly all the above-ground infrastructure in place prior to the fire, but the Forest Service does not provide any details as to whether the locations of [Nestle's] boreholes and springs changed as a result of the 2003 fire. In other words, while the agency's declarations make clear that the 2003 fire affected [Nestle's] operations above ground, the court cannot determine whether the fire affected [Nestle's] field conditions below ground, rendering the information from the 1999 Dames & Moore report as to the locations of [Nestle's] boreholes and springs likewise obsolete." In a footnote, Mehta pointed out that this uncertainty also affected the agency's Exemption 9 claim. He told the agency that it could supplement its affidavits to address the issue. On the matter of competitive harm, Story of Stuff Project argued that Nestle did not face competition for its operations in the San Bernardino National Forest. Mehta indicated that was too narrow a frame. He explained that "the inquiry here is not whether disclosure of the withheld information will cause competitive harm to [Nestle] solely as to its ability to obtain a specific use permit to draw water from the San Bernardino National Forest, but instead whether disclosure will cause competitive harm to [Nestle] as to 'day-to-day competition' with other businesses offering bottled spring water." Nestle argued that its competitors "could use the [withheld information] to reverse-engineer [Nestle's] internal business processes �" a unique system that [Nestle] uses to scientifically evaluate, license, and operationalize spring sites �" in order to use these internal processes to develop their own spring sources and spring water business." In response, Story of Stuff Project once again asserted that the information was in the public domain. Finding Nestle's arguments persuasive, Mehta agreed that disclosure could cause substantial competitive harm. Mehta rejected the plaintiffs' argument that certain records were not protected by either the deliberative process privilege or the attorney-client privilege. Story of Stuff Project argued that records concerning methods of collecting data on waterways were not deliberative because they did not reflect any policy discussion. Mehta disagreed, noting that "the Forest Service's discussions pertaining to data collection reflect deliberative 'policy judgments' because the Forest Service is engaged in a 'back and forth' as to the best method of accomplishing a particular agency objective." However, he found that the Forest Service's use of Exemption 6 to withhold names was too broadly applied. He pointed out that "rather than provide detailed information about why disclosing the withheld names would constitute an invasion of privacy, the Forest Service merely concludes that these individuals have a privacy interest in the nondisclosure of their names. Such a conclusory assertion is clearly insufficient to satisfy an agency's burden to invoke Exemption 6."
Issues: Exemption 6 - Invasion of privacy, Exemption 5 - Privileges - Deliberative process privilege - Deliberative, Exemption 4 - Competitive harm

FOIA Project Annotation: Judge Amit Mehta has ruled that Story of Stuff Project is entitled to $106, 215 in attorney's fees after deducting 30 per cent from its request for fees that covered issues on which Story of Stuff Project did not prevail. Story of Stuff Project, an advocacy group, sued the U.S. Forest Service for records concerning Nestle Waters North America's activities in Strawberry Canyon in the San Bernardino National Forest. The agency initially withheld much of the information under Exemption 4 (commercial and confidential), arguing that it constituted trade secrets. While Story of Stuff Project did not dispute that the information was commercial, its primary argument was that much of the information had been made public as part of a report written by the California State Water Resources Control Board. Mehta first noted that two issues needed to be settled before he could rule on the amount of attorney's fees in the litigation before him. One was the extent to which Story of Stuff Project should be awarded fees for issues it had not prevailed on, while the other was the extent to which the attorney's fees award before Mehta overlapped with similar FOIA litigation before Judge Trevor McFadden. Mehta ordered the parties in November 2020 to meet and confer in an attempt to settle these issues but instead of agreeing, the two parties filed separate reports supporting their divergent views on the issues. Story of Stuff Project argued that it was entitled to fees separately for its work that produced its report required by Mehta after the November 2020 hearing. Mehta agreed with the agency that the work done as a result of the November 2020 order was intended to resolve the earlier fees issue, not to provide another opportunity to request fees. He observed that "as of the November 5 hearing, the merits of the underlying FOIA litigation had long since been resolved, and at the hearing itself, the court recognized Plaintiffs' eligibility for and entitlement to fees. Only the reasonableness of Plaintiffs request remained for the parties to attempt to resolve." He added that "Plaintiffs request for compensation for time spent after the November 5 hearing is not reasonable in light of the court's resolution of two of the three prongs of the fees inquiry and its request that the parties attempt to resolve the sole remaining issue efficiently. It is not reasonable for Plaintiffs to receive fees for work that is, in the court's view, corrective of shortcomings the court identified in Plaintiffs' fees petition." The agency asked Mehta to award no fees for Story of Stuff Project's claims on Exemption 5 (privileges) on which it did not prevail. Further, the agency urged Metha to discount Story of Stuff Project's other exemption claims by 20 percent to reflect its lack of success on those issues. Rather than getting into the degree of detail the agency's proposal required, Mehta decided to discount 20 percent from Story of Stuff Project's fee request, which represented the portion of their fee request devoted to Exemption 5, and to then discount the fee request by another 10 percent, for a total reduction of 30 percent, to reflect other issues on which Story of Stuff Project did not prevail. Mehta concluded that fees requested as part of the litigation before McFadden were not part of the fee request before him. Instead, he noted that "to the extent the litigation before Judge McFadden â€" rather than this litigation â€" is what prompted Defendant's disclosures, that is already reflected in the discount described above for Plaintiffs' failure on the merits as to Exemption 6. No further discount is warranted based on the relationship between the two cases."
Issues: Litigation - Attorney's fees - Entitlement - Calculation of award

Date Filed	Doc #	Docket Text
2017-01-13	1	COMPLAINT against UNITED STATES FOREST SERVICE ( Filing fee $ 400 receipt number 0090-4806909) filed by Story of Stuff Project, Courage Campaign Institute. (Attachments: # 1 Summons Civil Process Clerk, # 2 Summons Attorney General, # 3 Summons U.S. Forest Service)(Kenna, Matt) (Entered: 01/13/2017)
2017-01-13	2	Corporate Disclosure Statement by Story of Stuff Project. (Kenna, Matt) (Entered: 01/13/2017)
2017-01-13	3	Corporate Disclosure Statement by Courage Campaign Institute. (Kenna, Matt) (Entered: 01/13/2017)
2017-01-17	4	CIVIL COVER SHEET by STORY OF STUFF PROJECT, COURAGE CAMPAIGN INSTITUTE re 1 Complaint, filed by STORY OF STUFF PROJECT, COURAGE CAMPAIGN INSTITUTE. Related document: 1 Complaint, filed by STORY OF STUFF PROJECT, COURAGE CAMPAIGN INSTITUTE.(Kenna, Matt) (Entered: 01/17/2017)
2017-01-17		Case Assigned to Judge Amit P. Mehta. (zsb) (Entered: 01/17/2017)
2017-01-17	5	SUMMONS (3) Issued Electronically as to UNITED STATES FOREST SERVICE, U.S. Attorney and U.S. Attorney General (Attachments # 1 Consent Form)(zsb) (Entered: 01/17/2017)
2017-01-31	6	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 1/24/2017. Answer due for ALL FEDERAL DEFENDANTS by 2/23/2017. (Attachments: # 1 Proof of Servvice)(Kenna, Matt) (Main Document 6 replaced on 2/1/2017) (jf). (Entered: 01/31/2017)
2017-01-31	7	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 1/23/2017. (Attachments: # 1 Proof of Service)(Kenna, Matt) (Entered: 01/31/2017)
2017-01-31	8	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES FOREST SERVICE served on 1/23/2017 (Attachments: # 1 Proof of Service)(Kenna, Matt) (Entered: 01/31/2017)
2017-02-22	9	Unopposed MOTION for Extension of Time to File Answer re 1 Complaint, by UNITED STATES FOREST SERVICE (Attachments: # 1 Text of Proposed Order)(Nebeker, William) (Entered: 02/22/2017)
2017-02-22		MINUTE ORDER granting Defendant's 9 Unopposed Motion for Extension of Time to File an Answer. Defendant's responsive pleading shall now be due on or before April 14, 2017. Signed by Judge Amit P. Mehta on 02/22/2017. (lcapm1) (Entered: 02/22/2017)
2017-02-22		Set/Reset Deadlines/Hearings: Responsive pleading due by 4/14/2017. (cdw) (Entered: 02/23/2017)
2017-04-13	10	Unopposed MOTION for Extension of Time to File Answer re 1 Complaint, by UNITED STATES FOREST SERVICE (Attachments: # 1 Text of Proposed Order)(Nebeker, William) (Entered: 04/13/2017)
2017-04-14		MINUTE ORDER granting Defendant's 10 Unopposed Motion for Extension of Time to File an Answer. Defendant's responsive pleading shall now be due on or before May 16, 2017. Signed by Judge Amit P. Mehta on 04/14/2017. (lcapm1) (Entered: 04/14/2017)
2017-04-14		Set/Reset Deadlines/Hearings: Answer to Complaint due by 5/16/2017. (cdw) (Entered: 04/18/2017)
2017-05-16	11	Unopposed MOTION for Extension of Time to File Answer re 1 Complaint, by UNITED STATES FOREST SERVICE (Attachments: # 1 Text of Proposed Order)(Nebeker, William) (Entered: 05/16/2017)
2017-05-17		MINUTE ORDER granting Defendant's 11 Unopposed Motion for Extension of Time. Defendant's responsive pleading is now due on or before June 15, 2017. Signed by Judge Amit P. Mehta on 05/17/2017. (lcapm1) (Entered: 05/17/2017)
2017-05-17		Set/Reset Deadlines/Hearings: Answer to Complaint due by 6/15/2017. (zcdw) (Entered: 05/18/2017)
2017-06-14	12	Unopposed MOTION for Extension of Time to File Answer re 1 Complaint, by UNITED STATES FOREST SERVICE (Attachments: # 1 Text of Proposed Order)(Nebeker, William) (Entered: 06/14/2017)
2017-06-16		MINUTE ORDER granting Defendant's 12 Unopposed Motion for Extension of Time. Defendant's responsive pleading is now due on or before June 20, 2017. Signed by Judge Amit P. Mehta on 06/16/2017. (lcapm1) (Entered: 06/16/2017)
2017-06-16		Set/Reset Deadlines/Hearings: Responsive pleading due by 6/20/2017. (cdw) (Entered: 06/19/2017)
2017-06-20	13	ANSWER to Complaint by UNITED STATES FOREST SERVICE.(Nebeker, William) (Entered: 06/20/2017)
2017-06-20	14	ORDER: Both a Complaint and an Answer are now before the court in this FOIA case. It is hereby ordered that the parties shall meet and confer and file a Joint Status Report on or before July 7, 2017. See the attached Order for additional details. Signed by Amit P. Mehta on 06/20/2017. (lcapm1) (Entered: 06/20/2017)
2017-06-20		Set/Reset Deadlines/Hearings: Joint Status Report due by 7/7/2017. (cdw) (Entered: 06/20/2017)
2017-07-06	15	Joint STATUS REPORT by UNITED STATES FOREST SERVICE. (Nebeker, William) (Entered: 07/06/2017)
2017-07-10		MINUTE ORDER: Upon consideration of the parties' 15 July 6, 2017, Joint Status Report, the parties are directed to file another Joint Status Report, on or before September 14, 2017, which updates the court of their progress and, if necessary, proposes a briefing schedule for summary judgment. Signed by Judge Amit P. Mehta on 07/10/2017. (lcapm1) (Entered: 07/10/2017)
2017-07-10		Set/Reset Deadlines/Hearings: Joint Status Report due by 9/14/2017. (zcdw) (Entered: 07/11/2017)
2017-09-14	16	Joint STATUS REPORT by COURAGE CAMPAIGN INSTITUTE, STORY OF STUFF PROJECT. (Attachments: # 1 Text of Proposed Order)(Kenna, Matt) (Entered: 09/14/2017)
2017-09-14	17	ORDER setting the schedule for further proceedings in this matter: (1) On or before October 2, 2017, Plaintiffs shall identify, by e-mail to counsel for Defendant, which withholdings and redactions they may want to challenge; (2) Defendant shall file a Vaughn Index for those documents on or before October 20, 2017; (3) On or before November 1, 2017, Plaintiffs shall identify which documents they wish to pursue in summary judgment; (4) Defendant shall file its Motion for Summary Judgment on or before December 1, 2017; (5) Plaintiffs shall file their Cross-Motion for Summary Judgment and Opposition to Defendant's Motion on or before December 29, 2017; (6) Defendant shall file its Reply and Opposition to Plaintiffs' Motion for Summary Judgment on or before January 19, 2018; and (7) Plaintiffs shall file their Reply on or before February 2, 2018. See the attached Order for additional details. Signed by Judge Amit P. Mehta on 09/14/2017. (lcapm1) (Entered: 09/14/2017)
2017-09-14		Set/Reset Deadlines/Hearings: Vaughn Index due by 10/20/2017. Defendants Summary Judgment motion due by 12/1/2017. Response to Motion for Summary Judgment due by 12/29/2017. Reply to Motion for Summary Judgment due by 1/18/2018. Plaintiffs Cross Motion due by 12/29/2017. Response to Cross Motion due by 1/19/2018. Reply to Cross Motion due by 2/2/2018. (zcdw) (Entered: 09/15/2017)
2017-10-19	18	NOTICE of Appearance by Rachel Doughty on behalf of All Plaintiffs (Doughty, Rachel) (Main Document 18 replaced on 10/20/2017) (znmw). (Entered: 10/19/2017)
2017-12-01	19	MOTION for Summary Judgment by UNITED STATES FOREST SERVICE (Attachments: # 1 Declaration Rush, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C (Vaughn Index), # 5 Text of Proposed Order)(Nebeker, William) (Entered: 12/01/2017)
2017-12-29	20	MOTION for Summary Judgment including Statement of Material Facts & Memorandum in Support by COURAGE CAMPAIGN INSTITUTE, STORY OF STUFF PROJECT (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Text of Proposed Order)(Kenna, Matt) (Entered: 12/29/2017)
2017-12-29	21	RESPONSE re 19 MOTION for Summary Judgment filed by COURAGE CAMPAIGN INSTITUTE, STORY OF STUFF PROJECT. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Text of Proposed Order)(Kenna, Matt) (Entered: 12/29/2017)
2018-01-17	22	Unopposed MOTION for Extension of Time to File Response/Reply by UNITED STATES FOREST SERVICE (Attachments: # 1 Text of Proposed Order)(Nebeker, William) (Entered: 01/17/2018)
2018-01-17		MINUTE ORDER granting Defendant's 22 Unopposed Motion for Extension of Time to File Response/Reply. Defendant's Reply and Opposition to Plaintiffs' Cross-Motion for Summary Judgment shall now be due on or before February 9, 2018, and Plaintiffs' Reply shall be due on or before February 23, 2018. Signed by Judge Amit P. Mehta on 01/17/2018. (lcapm1) (Entered: 01/17/2018)
2018-01-17		Set/Reset Deadlines/Hearings: Defendant's Reply to Motion for Summary Judgment due by 2/9/2018. Response to Cross Motion due by 2/9/2018. Reply to Cross Motion due by 2/23/2018. (zcdw) (Entered: 01/18/2018)
2018-02-09	23	Memorandum in opposition to re 20 MOTION for Summary Judgment including Statement of Material Facts & Memorandum in Support filed by UNITED STATES FOREST SERVICE. (Attachments: # 1 Declaration Lawrence, # 2 Declaration Rush, # 3 Exhibit Attachments to 2d Rush Decl., # 4 Text of Proposed Order)(Nebeker, William) (Entered: 02/09/2018)
2018-02-09	24	REPLY to opposition to motion re 19 MOTION for Summary Judgment (same as ECF No. 23, see ECF 23 for attachments) filed by UNITED STATES FOREST SERVICE. (Nebeker, William) (Entered: 02/09/2018)
2018-02-23	25	ERRATA re ECF ## 20, 21, 20-1, 21-1 by COURAGE CAMPAIGN INSTITUTE, STORY OF STUFF PROJECT 20 MOTION for Summary Judgment including Statement of Material Facts & Memorandum in Support filed by STORY OF STUFF PROJECT, COURAGE CAMPAIGN INSTITUTE. (Attachments: # 1 Corrected Summary Judgment Motion/Memo, # 2 Corrected Declaration of Amanda Fox)(Kenna, Matt) (Entered: 02/23/2018)
2018-02-23	26	REPLY to opposition to motion re 19 MOTION for Summary Judgment , 20 MOTION for Summary Judgment including Statement of Material Facts & Memorandum in Support filed by COURAGE CAMPAIGN INSTITUTE, STORY OF STUFF PROJECT. (Kenna, Matt) (Entered: 02/23/2018)
2018-09-27	27	MEMORANDUM OPINION and ORDER granting in part and denying in part Defendant's 19 Motion for Summary Judgment and denying Plaintiffs' 20 25 Cross-Motion for Summary Judgment. The parties shall meet and confer and, no later than October 10, 2018, propose a schedule for an additional round of summary judgment briefing. See the attached Memorandum Opinion and Order for details. Signed by Judge Amit P. Mehta on 09/27/2018. (lcapm3) (Entered: 09/27/2018)
2018-09-27		Set/Reset Deadlines: Proposed Briefing Schedule due by 10/10/2018. (zjd) (Entered: 09/28/2018)
2018-10-10	28	Joint STATUS REPORT by COURAGE CAMPAIGN INSTITUTE, STORY OF STUFF PROJECT. (Attachments: # 1 Text of Proposed Order)(Kenna, Matt) (Entered: 10/10/2018)
2018-10-11		MINUTE ORDER. Upon consideration of the parties' 28 Joint Status Report, the parties are directed to file another Joint Status Report, on or before October 24, 2018, that updates the court on their progress toward settlement. Signed by Judge Amit P. Mehta on 10/11/2018. (lcapm1) (Entered: 10/11/2018)
2018-10-11		Set/Reset Deadlines: Joint Status Report due by 10/24/2018. (zjd) (Entered: 10/11/2018)
2018-10-24	29	Joint STATUS REPORT by COURAGE CAMPAIGN INSTITUTE, STORY OF STUFF PROJECT. (Attachments: # 1 Text of Proposed Order)(Kenna, Matt) (Entered: 10/24/2018)
2018-10-25		MINUTE ORDER entering the briefing schedule proposed in the parties' 29 Joint Status Report. The schedule for further proceedings in this matter is as follows: (1) Defendant's Motion for Summary Judgment is due on or before December 3, 2018; (2) Plaintiffs' Opposition to Defendant's Motion and Cross-Motion for Summary Judgment is due on or before January 7, 2019; (3) Defendant's Reply in Support of Summary Judgment and Opposition to Plaintiffs' Cross-Motion for Summary Judgment is due on or before January 29, 2019; and (4) Plaintiffs' Reply in Support of their Cross-Motion for Summary Judgment is due on or before February 12, 2019. Signed by Judge Amit P. Mehta on 10/25/2018. (lcapm1) (Entered: 10/25/2018)
2018-10-25		Set/Reset Deadlines: Defendant's Motion for Summary Judgment due by 12/3/2018. Plaintiff's Opposition and Cross-Motion for Summary Judgment due by 1/7/2019. Defendant's Reply and Opposition due by 1/29/2019. Plaintiff's Reply due by 2/12/2019. (zjd) (Entered: 10/25/2018)
2018-12-03	30	Consent MOTION for Extension of Time to File Defendant's Motion for Summary Judgment by UNITED STATES FOREST SERVICE (Adebonojo, Kenneth) (Entered: 12/03/2018)
2018-12-04		MINUTE ORDER granting Defendant's 30 Consent Motion to Enlarge Time to File Defendant's Motion for Summary Judgment. Defendant's Motion for Summary Judgment is now due on or before December 7, 2018; (2) Plaintiffs' Opposition to Defendant's Motion and Cross-Motion for Summary Judgment is now due on or before January 11, 2019; (3) Defendant's Reply in Support of Summary Judgment and Opposition to Plaintiffs' Cross-Motion for Summary Judgment is now due on or before February 3, 2019; and (4) Plaintiffs' Reply in Support of their Cross-Motion for Summary Judgment is now due on or before February 16, 2019. Signed by Judge Amit P. Mehta on 12/04/2018. (lcapm1) (Entered: 12/04/2018)
2018-12-04		Set/Reset Deadlines: Defendant's Motion for Summary Judgment due by 12/7/2018. Plaintiffs' Opposition and Cross-Motion for Summary Judgment due by 1/11/2019. Defendant's Reply and Opposition due by 2/3/2019. Plaintiff's Reply due by 2/16/2019. (zjd) (Entered: 12/06/2018)
2018-12-07	31	MOTION for Summary Judgment by UNITED STATES FOREST SERVICE (Attachments: # 1 Statement of Facts, # 2 Memorandum in Support, # 3 Declaration Larry Lawrence, # 4 Declaration Latanga Rush)(Adebonojo, Kenneth) (Entered: 12/07/2018)
2019-01-11	32	Renewed MOTION for Summary Judgment by COURAGE CAMPAIGN INSTITUTE, STORY OF STUFF PROJECT (Attachments: # 1 Statement of Facts, # 2 Declaration of Michael O'Heaney with Exhibits, # 3 Declaration of Zachary Marker with Exhibits A & B, # 4 Exhibit C D & E to Declaration of Zachary Marker, # 5 Exhibit F & G to Declaration of Zachary Marker, # 6 Exhibit H Part 1 to Declaration of Zachary Marker, # 7 Exhibit H Part 2 to Declaration of Zachary Marker, # 8 Exhibit I & J to Declaration of Zachary Marker, # 9 Memorandum in Support, # 10 Text of Proposed Order)(Kenna, Matt) . (Entered: 01/11/2019)
2019-01-11	33	Memorandum in opposition to re 31 MOTION for Summary Judgment filed by COURAGE CAMPAIGN INSTITUTE, STORY OF STUFF PROJECT. (Attachments: # 1 Statement of Facts, # 2 Declaration of Michael O'Heaney with Exhibits, # 3 Declaration of Zachary Marker with Exhibits A & B, # 4 Exhibit C D & E to Declaration of Zachary Marker, # 5 Exhibit F & G to Declaration of Zachary Marker, # 6 Exhibit H Part 1 to Declaration of Zachary Marker, # 7 Exhibit H Part 2 to Declaration of Zachary Marker, # 8 Exhibit I & J to Declaration of Zachary Marker, # 9 Text of Proposed Order)(Kenna, Matt) (Entered: 01/11/2019)
2019-01-29	34	Unopposed MOTION for Extension of Time to File Response/Reply as to 31 MOTION for Summary Judgment , 32 MOTION for Summary Judgment by UNITED STATES FOREST SERVICE (Attachments: # 1 Text of Proposed Order)(Nebeker, William) (Entered: 01/29/2019)
2019-01-30		MINUTE ORDER granting 34 Defendant's Unopposed Motion for Enlargement of Time. The schedule for further proceedings in this matter is now as follows: (1) Defendant's Reply in Support of Summary Judgment and Opposition to Plaintiffs' Cross-Motion for Summary Judgment is due on or before February 19, 2019; and (2) Plaintiffs' Reply in Support of their Cross-Motion for Summary Judgment is due on or before March 5, 2019. Signed by Judge Amit P. Mehta on 01/30/2019. (lcapm1) (Entered: 01/30/2019)
2019-01-30		Set/Reset Deadlines: Defendant's Reply in Support due by 2/19/2019. Plaintiff's Reply due by 3/5/2019. (zjd) (Entered: 02/05/2019)
2019-02-19	35	REPLY to opposition to motion re 31 MOTION for Summary Judgment filed by UNITED STATES FOREST SERVICE. (Attachments: # 1 Declaration 3d Lawrence Decl., # 2 Declaration 3d Rush Decl., # 3 Text of Proposed Order)(Nebeker, William) (Entered: 02/19/2019)
2019-02-19	36	MEMORANDUM in OPPOSITION re 32 Renewed MOTION for Summary Judgment (same as ECF No. 35) filed by UNITED STATES FOREST SERVICE. (Attachments: # 1 Declaration 3d Lawrence Decl., # 2 Declaration 3d Rush Decl., # 3 Text of Proposed Order)(Nebeker, William) Modified on 2/21/2019 to correct docket event/text (jf) (Entered: 02/19/2019)
2019-03-05	37	REPLY to opposition to motion re 32 MOTION for Summary Judgment filed by COURAGE CAMPAIGN INSTITUTE, STORY OF STUFF PROJECT. (Attachments: # 1 Declaration Declaration of Rachel S. Doughty)(Doughty, Rachel) (Entered: 03/05/2019)
2019-08-06		Set/Reset Hearings: Status Conference set for 8/28/2019 at 9:00 AM in Courtroom 10 before Judge Amit P. Mehta. (zjd) (Entered: 08/06/2019)
2019-08-09	38	MOTION for Leave to Appear by Telephone by COURAGE CAMPAIGN INSTITUTE, STORY OF STUFF PROJECT (Doughty, Rachel) (Entered: 08/09/2019)
2019-08-09		MINUTE ORDER granting 38 Plaintiff's Unopposed Motion for Leave to Appear by Telephone. Signed by Judge Amit P. Mehta on 08/09/2019. (lcapm1) (Entered: 08/09/2019)
2019-08-28	39	NOTICE OF SUPPLEMENTAL AUTHORITY by UNITED STATES FOREST SERVICE (Nebeker, William) (Entered: 08/28/2019)
2019-08-28		Minute Entry for proceedings held before Judge Amit P. Mehta: Status Conference held on 8/28/2019. Joint Status Report due by 9/10/2019. (Court Reporter: William Zaremba) (zjd) (Entered: 08/28/2019)
2019-08-29		MINUTE ORDER. Defendant shall file a Status Report by September 10, 2019, which identifies the volume of records withheld pursuant to Exemptions 4 and 9 that are not covered by the order in Judge McFadden's case. Defendant shall submit those records for in camera inspection, if appropriate. Additionally, by September 10, 2019, Defendant shall certify that it has produced all portions of records previously withheld in this case pursuant to Exemption 6. Signed by Judge Amit P. Mehta on 08/29/2019. (lcapm1) (Entered: 08/29/2019)
2019-09-10	40	STATUS REPORT And Certification by UNITED STATES FOREST SERVICE. (Attachments: # 1 Declaration Certification, # 2 Declaration Attachment A)(Nebeker, William) (Entered: 09/10/2019)
2019-09-16		MINUTE ORDER. The parties shall appear for a hearing in this matter on September 19, 2019, at 10:00 AM before Judge Amit P. Mehta in Courtroom 10. Signed by Judge Amit P. Mehta on 09/16/2019. (lcapm1) (Entered: 09/16/2019)
2019-09-16		Set/Reset Hearings: Status Conference set for 9/19/2019 at 10:00 AM in Courtroom 10 before Judge Amit P. Mehta. (zjd) (Entered: 09/17/2019)
2019-09-17	41	MOTION for Leave to Appear by Telephone by COURAGE CAMPAIGN INSTITUTE, STORY OF STUFF PROJECT (Doughty, Rachel) (Entered: 09/17/2019)
2019-09-18	42	RESPONSE re 39 NOTICE OF SUPPLEMENTAL AUTHORITY filed by UNITED STATES FOREST SERVICE by COURAGE CAMPAIGN INSTITUTE, STORY OF STUFF PROJECT. (Doughty, Rachel) Modified event title on 9/19/2019 (znmw). (Entered: 09/18/2019)
2019-09-18		MINUTE ORDER granting 41 Plaintiff's Unopposed Motion for Leave to Appear Telephonically. Signed by Judge Amit P. Mehta on 09/18/2019. (lcapm1) (Entered: 09/18/2019)
2019-09-19		Minute Entry for proceedings held before Judge Amit P. Mehta: Status Conference held on 9/19/2019. Status Conference set for 10/17/2019 at 9:30 AM in Courtroom 10 before Judge Amit P. Mehta. (Court Reporter: William Zaremba) (zjd) (Entered: 09/19/2019)
2019-09-19		MINUTE ORDER. For the reasons stated during the Status Conference held on this date, the parties' Cross Motions for Summary Judgment 31 32 are denied. By October 3, 2019, Plaintiff shall submit to Defendant any additional records or information it believes responsive to its FOIA request that is in the public domain. The parties shall appear for a Status Conference on October 17, 2019, at 9:30 AM, to discuss further proceedings. Plaintiff's counsel may appear telephonically for this Status Conference. Signed by Judge Amit P. Mehta on 09/19/2019. (lcapm1) (Entered: 09/19/2019)
2019-10-02	43	NOTICE OF SUBSTITUTION OF COUNSEL by Alan Burch on behalf of UNITED STATES FOREST SERVICE Substituting for attorney W. Mark Nebeker (Burch, Alan) (Entered: 10/02/2019)
2019-10-16	44	MOTION for Leave to Appear by Telephone by STORY OF STUFF PROJECT (Doughty, Rachel) (Entered: 10/16/2019)
2019-10-17		Minute Entry for proceedings held before Judge Amit P. Mehta: Status Conference held on 10/17/2019. Status Conference set for 11/14/2019 at 10:00 AM in Courtroom 10 before Judge Amit P. Mehta. (Court Reporter: William Zaremba) (zjd) (Entered: 10/17/2019)
2019-11-14		Minute Entry for proceedings held before Judge Amit P. Mehta: Status Conference held on 11/14/2019. If Nestle does not file a lawsuit by November 20, 2019, a Joint Status Report is due by November 26, 2019. (Court Reporter: William Zaremba) (zjd) (Entered: 11/14/2019)
2019-11-26	45	Joint STATUS REPORT by COURAGE CAMPAIGN INSTITUTE, STORY OF STUFF PROJECT. (Kenna, Matt) (Entered: 11/26/2019)
2019-11-26		MINUTE ORDER. The parties shall appear for a status conference on December 18, 2019, at 10:30 am in Courtroom 10, unless they file a stipulation of dismissal before that date. Plaintiffs counsel may participate telephonically. Signed by Judge Amit P. Mehta on 11/26/2019. (lcapm1) (Entered: 11/26/2019)
2019-11-26		Set/Reset Hearings: Status Conference set for 12/18/2019 at 10:30 AM in Courtroom 10 before Judge Amit P. Mehta, unless they file a stipulation of dismissal before that date. (dot) (Entered: 11/27/2019)
2019-12-02		NOTICE OF ERROR re 45 Status Report; emailed to mattkenna@gmail.com, cc'd 4 associated attorneys -- The PDF file you docketed contained errors: 1. Invalid attorney signature, 2. FYI DO NOT REFILE: Attorney Signature must match login/password. (zeg, ) (Entered: 12/02/2019)
2019-12-18		Minute Entry for proceedings held before Judge Amit P. Mehta: Status Conference held on 12/18/2019. Stipulation of Dismissal or Joint Status Report due by 1/17/2020. (Court Reporter: William Zaremba) (zjd) Modified due date on 12/18/2019 (zjd). (Entered: 12/18/2019)
2019-12-18		MINUTE ORDER. By January 17, 2020, the parties shall file either a stipulation of dismissal or a Joint Status Report that updates the court on settlement negotiations. If the parties have reached an impasse on attorney's fees, the filing shall propose a schedule for motions on that issue. Signed by Judge Amit P. Mehta on 12/18/2019. (lcapm1) (Entered: 12/18/2019)
2019-12-18		Set/Reset Deadlines: Stipulation of Dismissal or Joint Status Report due by 1/17/2020. (zjd) (Entered: 12/18/2019)
2020-01-13	46	Joint STATUS REPORT by COURAGE CAMPAIGN INSTITUTE, STORY OF STUFF PROJECT. (Doughty, Rachel) (Entered: 01/13/2020)
2020-01-13		MINUTE ORDER entering the briefing schedule proposed in the parties' 46 Joint Status Report. Plaintiffs' Motion for Costs and Fees shall be filed by January 31, 2020; Defendant's Response shall be filed by February 21, 2020; and Plaintiffs' Reply shall be filed by March 2, 2020. Signed by Judge Amit P. Mehta on 1/13/2020. (lcapm1) (Entered: 01/13/2020)
2020-01-13		Set/Reset Deadlines: Motion for Costs and Fees due by 1/31/2020. Response due by 2/21/2020. Reply due by 3/2/2020. (zjd) (Entered: 01/14/2020)
2020-01-27	47	Unopposed MOTION for Extension of Time to File Motion for Fees and Costs by COURAGE CAMPAIGN INSTITUTE, STORY OF STUFF PROJECT (Attachments: # 1 Text of Proposed Order)(Doughty, Rachel) (Entered: 01/27/2020)
2020-01-28	48	ORDER granting 47 Motion for Extension of Time. Plaintiffs shall file their motion for costs and fees no later than February 14, 2020; Defendant shall file its response no later than March 6, 2020; Plaintiffs shall file their reply no later than March 16, 2020. See the attached Order for additional details. Signed by Judge Amit P. Mehta on 1/28/2020. (lcapm1) (Entered: 01/28/2020)
2020-01-28		Set/Reset Deadlines: Motion for Costs and Fees due by 2/14/2020. Response due by 3/6/2020. Reply due by 3/16/2020. (zjd) (Entered: 01/28/2020)
2020-02-06	49	STIPULATION REGARDING REASONABLE HOURLY RATES FOR PLAINTIFFS MOTION FOR COSTS AND ATTORNEYS FEES by COURAGE CAMPAIGN INSTITUTE, STORY OF STUFF PROJECT. (Attachments: # 1 Exhibit A)(Doughty, Rachel) (Entered: 02/06/2020)
2020-02-14	50	Proposed MOTION for Attorney Fees and Costs by STORY OF STUFF PROJECT (Attachments: # 1 Memorandum in Support MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF PLAINTIFFS MOTION FOR COSTS AND ATTORNEYS FEES, # 2 Text of Proposed Order Proposed Order, # 3 Declaration DECLARATION OF MICHAEL O'HEANEY, # 4 Declaration DECLARATION OF RACHEL S. DOUGHTY IN SUPPORT OF PLAINTIFFS MOTION FOR COSTS AND ATTORNEYS FEES, # 5 Declaration DECLARATION OF KENNETH PETRUZZELLI IN SUPPORT OF PLAINTIFFS MOTION FOR COSTS AND ATTORNEYS FEES, # 6 Declaration DECLARATION OF JASON H. CONNOR IN SUPPORT OF PLAINTIFFS MOTION FOR COSTS AND ATTORNEYS FEES, # 7 Declaration DECLARATION OF MATT KENNA IN SUPPORT OF PLAINTIFFS MOTION FOR COSTS AND ATTORNEYS FEES, # 8 Declaration DECLARATION OF JESSICA L. BLOME IN SUPPORT OF PLAINTIFFS MOTION FOR COSTS AND ATTORNEYS FEES, # 9 Declaration DECLARATION OF ZACK MARKER IN SUPPORT OF PLAINTIFFS MOTION FOR COSTS AND ATTORNEYS FEES, # 10 Declaration DECLARATION OF IVAN R. JIMENEZ IN SUPPORT OF PLAINTIFFS MOTION FOR COSTS AND ATTORNEYS FEES)(Doughty, Rachel) Modified on 5/13/2022 (zjd, ). (Entered: 02/14/2020)
2020-02-24	51	Consent MOTION for Extension of Time to File Response/Reply to Plaintiff's Motion for Attorney's Fees by UNITED STATES FOREST SERVICE (Burch, Alan) (Entered: 02/24/2020)
2020-02-25		MINUTE ORDER granting Defendant's 51 Consent Motion for Extension of Time to File Response/Reply. Defendant shall file its opposition by April 6, 2020, and Plaintiff shall file its reply by April 27, 2020. Signed by Judge Amit P. Mehta on 2/25/2020. (lcapm1) (Entered: 02/25/2020)
2020-02-25		Set/Reset Deadlines: Defendant's Opposition due by 4/6/2020. Plaintiff's Reply due by 4/27/2020. (zjd) (Entered: 03/08/2020)
2020-04-06	52	Memorandum in opposition to re 50 Proposed MOTION for Attorney Fees and Costs filed by UNITED STATES FOREST SERVICE. (Burch, Alan) (Entered: 04/06/2020)
2020-04-27	53	REPLY to opposition to motion re 50 Proposed MOTION for Attorney Fees and Costs filed by COURAGE CAMPAIGN INSTITUTE, STORY OF STUFF PROJECT. (Attachments: # 1 Declaration Second Doughty Declaration ISO Motion for Fees and Costs)(Doughty, Rachel) (Entered: 04/27/2020)
2020-09-30	54	NOTICE OF SUBSTITUTION OF COUNSEL by Jeremy S. Simon on behalf of UNITED STATES FOREST SERVICE Substituting for attorney Alan Burch (Simon, Jeremy) (Entered: 09/30/2020)
2020-11-03		MINUTE ORDER. The parties shall appear for a telephonic status hearing on Plaintiffs' Motion for Costs and Attorneys' Fees on November 5, 2020, at 2:00 p.m. The courtroom deputy will circulate call-in information. Members of the public may access the conference by dialing the court's toll-free public access line: (877) 848-7030, access code 321-8747. The public access line will be muted and should be used by only non-participating parties. Signed by Judge Amit P. Mehta on 11/3/2020. (lcapm1) (Entered: 11/03/2020)
2020-11-03		Set/Reset Hearings: Telephonic Status Conference set for 11/5/2020 at 2:00 PM before Judge Amit P. Mehta. (zjd) (Entered: 11/04/2020)
2020-11-05		Minute Entry for proceedings held before Judge Amit P. Mehta: Status Conference held telephonically on 11/5/2020. Joint Status Report due by 12/4/2020. (Court Reporter: William Zaremba) (zjd) Modified deadline on 11/5/2020 (zjd). (Entered: 11/05/2020)
2020-11-05		MINUTE ORDER granting in part 50 Plaintiffs' Motion for Costs and Attorneys' Fees. For the reasons stated during the hearing held on this date, Plaintiffs have established both eligibility and entitlement to an attorneys' fee award under the Freedom of Information Act. Plaintiffs have not, however, established the reasonableness of the fees sought, for the reasons stated on the record. The parties shall meet and confer and attempt to resolve the fees dispute in light of the court's ruling. The parties shall submit a Joint Status Report by December 4, 2020, that updates the court on their efforts to resolve the fees dispute. (Entered: 11/05/2020)
2020-12-03	55	Joint STATUS REPORT by STORY OF STUFF PROJECT. (Doughty, Rachel) (Entered: 12/03/2020)
2020-12-04		MINUTE ORDER. The parties shall file an additional Joint Status Report regarding potential settlement of their fees dispute by December 18, 2020. Signed by Judge Amit P. Mehta on 12/4/2020. (lcapm1) (Entered: 12/04/2020)
2020-12-04		Set/Reset Deadlines: Joint Status Report due by 12/18/2020. (zjd) (Entered: 12/04/2020)
2020-12-18	56	STATUS REPORT (Defendant's Status Report) by UNITED STATES FOREST SERVICE. (Simon, Jeremy) (Entered: 12/18/2020)
2020-12-18	57	STATUS REPORT (Plaintiff's Status Report) by STORY OF STUFF PROJECT. (Attachments: # 1 Declaration OF RACHEL DOUGHTY IN SUPPORT OF PLAINTIFFS MOTION FOR COSTS AND ATTORNEYS FEES)(Doughty, Rachel) (Entered: 12/18/2020)
2020-12-21		MINUTE ORDER. At the conclusion of the hearing held on November 5, 2020, the court advised that, if the parties could not reach an agreement on fees in light of the court's rulings, the parties would be able to supplement their position on fees with additional briefing. The court cautioned, however, that such additional briefing was not an opportunity for the government to... rais[e] issues [it] had the opportunity fully to raise in opposition to the fees petition. Status Conf. Tr. (draft), Nov. 5, 2020, at 27:912. In view of the parties' impasse, and their separate Status Reports, ECF Nos. 56 and 57 , the court treats Plaintiffs' Status Report as a supplement to its fees petition. Defendant may file a response to the supplement by January 19, 2021, but its arguments must be directed to those issues raised in the supplement. Defendant cannot, as it has suggested, address other threshold issues that go to the issue of reasonableness, including whether certain categories of time expended by Plaintiffs are even recoverable..., whether other threshold deductions are appropriate based on duplicative billing and multiple timekeepers, and whether Plaintiffs otherwise have met their burden. Def.'s Status Report, ECF No. 56, at 4 (footnotes omitted). Such arguments were forfeited, as Defendant failed to raise them in opposition to Plaintiffs' fee petition. See Zuckerman Spaeder, LLP v. Auffenberg, 646 F.3d 919, 922 (D.C. Cir. 2011) ("Forfeiture is the failure to make a timely assertion of a right, and, unlike waiver, entails no element of intent." (internal quotation marks omitted)). Denying Defendant the opportunity to raise these threshold issues would not, as Defendant suggests, be tantamount to entering a default against the government. See Def.'s Status Report, ECF No. 56, at 4. Defendant had every chance to raise whatever objections it wished in response to Plaintiffs' fee petition. That Defendant chose to address only eligibility, and not eligibility and reasonableness, in its fees response was a choice Defendant made, which it cannot now cure without good cause. Cf. Twin Rivers Paper Co. v. SEC, 934 F.3d 607, 614 (D.C. Cir. 2019) ("We may excuse forfeitures of non-jurisdictional preservation requirements for 'good cause.'"). Defendant offers no good cause to excuse its forfeiture. Signed by Judge Amit P. Mehta on 12/21/2020. (lcapm1) (Entered: 12/21/2020)
2020-12-21		Set/Reset Deadlines: Response due by 1/19/2021. (zjd) (Entered: 12/30/2020)
2021-01-19	58	SUPPLEMENTAL MEMORANDUM in Response to Plaintiffs December 18, 2020 Status Report re 57 Status Report filed by UNITED STATES FOREST SERVICE. (Simon, Jeremy) Modified on 1/21/2021 per counsel request (eg). (Entered: 01/19/2021)
2021-01-20	59	REPLY re 58 to Defendants Supplemental Memorandum Regarding Plaintiff's Request for Reimbursement of Attorneys Fees and Costs filed by STORY OF STUFF PROJECT. (Doughty, Rachel) Modified to add link on 1/22/2021 (znmw). (Entered: 01/20/2021)
2022-05-13	60	MEMORANDUM OPINION & ORDER granting in part 50 Plaintiffs' Motion for Costs and Attorneys' Fees. See attached Memorandum Opinion & Order for details. Signed by Judge Amit P. Mehta on 5/13/2022. (lcapm2) (Entered: 05/13/2022)
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