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Case TitleCenter for Biological Diversity v. United States Fish and Wildlife Service
DistrictNorthern District of West Virginia
CityElkins
Case Number2:2018cv00030
Date Filed2018-03-21
Date Closed2020-10-13
JudgeDistrict Judge Thomas S. Kleeh
PlaintiffCenter for Biological Diversity
Case DescriptionThe Center for Biological Diversity submitted a FOIA request to U.S. Fish and Wildlife Service's West Virginia Field Office for records concerning protection of Big Sandy crayfish. The Center also submitted a second FOIA request for records concerning the Berwind mine. The agency acknowledged receipt of the requests, but after hearing nothing further from the agency, the Center filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Vaughn index, Litigation - Attorney's fees

DefendantUnited States Fish and Wildlife Service
Documents
Docket
Complaint
Complaint attachment 1
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2018-03-211COMPLAINT against United States Fish and Wildlife Service filed by Center for Biological Diversity. (Attachments: # 1 Civil Cover Sheet)(njz) Filing Fee PAID $400 - Receipt #0424-2549227 (Entered: 03/21/2018)
2018-03-233MOTION for Leave to Appear Pro Hac Vice (Elise Bennett) by Center for Biological Diversity. (Attachments: # 1 Text of Proposed Order)(Becher, John) (Entered: 03/23/2018)
2018-03-234Filing fee: $ 200.00, receipt number WVNC002166. (wrr) (Entered: 03/23/2018)
2018-04-025ORDER granting 3 Motion for Leave to Appear Pro Hac Vice re: Elise Pautler Bennett. Signed by District Judge John Preston Bailey on 4/2/18. (njz) (Entered: 04/02/2018)
2018-05-117SUMMONS Returned Executed as to United States Fish and Wildlife Service served on 4/23/2018. (Becher, John) (Entered: 05/11/2018)
2018-05-118SUMMONS Returned Executed as to United States Fish and Wildlife Service. (Becher, John) (Entered: 05/11/2018)
2018-05-119SUMMONS Returned Executed as to United States Fish and Wildlife Service. (Becher, John) (Entered: 05/11/2018)
2018-08-2010Joint MOTION For An Order Setting A Production Schedule by United States Fish and Wildlife Service. (Attachments: # 1 Text of Proposed Order)(Altmeyer, Helen) (Entered: 08/20/2018)
2018-08-2011ORDER SUPERSEDED PURSUANT TO ORDER 15 ORDER granting 10 Joint Motion for an Order Setting a Production Schedule. Signed by District Judge John Preston Bailey on 8/20/18. (cnd) Modified on 9/27/2018 (njz). (Entered: 08/20/2018)
2018-09-0512MOTION CORRECTED JOINT MOTION FOR AN ORDER SETTING A PRODUCTION SCHEDULE by United States Fish and Wildlife Service. (Attachments: # 1 Text of Proposed Order)(Altmeyer, Helen) (Entered: 09/05/2018)
2018-09-1913MOTION for Extension of Time to File Answer DEFENDANTS UNOPPOSED MOTION TO STAY OR EXTEND THE DEADLINE by United States Fish and Wildlife Service. (Attachments: # 1 Text of Proposed Order)(Altmeyer, Helen) (Entered: 09/19/2018)
2018-09-2014ORDER GRANTING 13 UNOPPOSED REQUEST TO STAY OR EXTEND DEADLINE FOR DEFENDANT TO ANSWER OR OTHERWISE RESPOND TO COMPLAINT. ORDERED that the deadline for the defendant, U.S. Fish and Wildlife Service (the "Service"), to answer, or otherwise respond to, the Complaint is stayed until 30 days after the Service is required. Signed by District Judge John Preston Bailey on 9/20/18. (njz) (Entered: 09/20/2018)
2018-09-2715ORDER granting 12 Corrected Joint Motion for an Order Setting aProduction Schedule. This Order supersedes the Order of ECF No. 11 Signed by District Judge John Preston Bailey on 9/27/18. (njz) (Entered: 09/27/2018)
2018-10-2516MOTION UNOPPOSED MOTION TO AMEND PRODUCTION SCHEDULE by United States Fish and Wildlife Service. (Attachments: # 1 Text of Proposed Order)(Altmeyer, Helen) (Entered: 10/25/2018)
2018-10-2617ORDER GRANTING 16 UNOPPOSED MOTION TO AMEND PRODUCTION SCHEDULE. Signed by District Judge John Preston Bailey on 10/26/18. (njz) (Entered: 10/26/2018)
2019-02-0118Case Reassigned to District Judge Thomas S. Kleeh per Order entered 2/1/2019 in case 2:19mc1. District Judge John Preston Bailey no longer assigned to the case. (cnd) Modified on 2/5/2019 - NEF regenerated (cnd). (Entered: 02/01/2019)
2019-05-1519Defendant's ANSWER to Complaint by United States Fish and Wildlife Service.(Altmeyer, Helen) (Entered: 05/15/2019)
2020-07-0820ORDER SCHEDULING STATUS CONFERENCE. Status Conference set for 7/27/2020 01:00 PM before District Judge Thomas S. Kleeh. The hearing will take place via Zoom video conference. Signed by District Judge Thomas S. Kleeh on 7/8/20. (njz) (Entered: 07/08/2020)
2020-07-0821NOTICE of Appearance by Tara Noel Tighe on behalf of United States Fish and Wildlife Service (Tighe, Tara) (Entered: 07/08/2020)
2020-07-2722MINUTE ENTRY: ***NOTICE*** THE ATTACHED DOCUMENT IS NOT ACCESSIBLE. IT IS FOR STATISTICAL PURPOSES ONLY. Proceedings held before District Judge Thomas S. Kleeh: Status Conference held on 7/27/2020. (Court Reporter Jill Cutter) (jss) (Entered: 07/27/2020)
2020-07-2823ORDER SCHEDULING STATUS CONFERENCE. Status Conference set for 8/27/2020 11:00 AM before District Judge Thomas S. Kleeh. The hearing will take place via Zoom video conference with an option to participate telephonically. Signed by District Judge Thomas S. Kleeh on 7/28/20. (njz) (Entered: 07/28/2020)
2020-08-2724MINUTE ENTRY: ***NOTICE*** THE ATTACHED DOCUMENT IS NOT ACCESSIBLE. IT IS FOR STATISTICAL PURPOSES ONLY. Proceedings held before District Judge Thomas S. Kleeh: Status Conference held on 8/27/2020. (Court Reporter Jill Cutter) (cnd) (Entered: 08/27/2020)
2020-08-2725ORDER SCHEDULING STATUS CONFERENCE AND HEARING. Status Conference set for 9/29/2020 02:00 PM before District Judge Thomas S. Kleeh via Zoom video conference. Motion Hearing set for 10/22/2020 02:30 PM in Elkins District Judge Courtroom, 2nd Floor before District Judge Thomas S. Kleeh. Signed by District Judge Thomas S. Kleeh on 8/27/20. (njz) (Entered: 08/27/2020)
2020-09-2926MINUTE ENTRY: ***NOTICE*** THE ATTACHED DOCUMENT IS NOT ACCESSIBLE. IT IS FOR STATISTICAL PURPOSES ONLY. Proceedings held before District Judge Thomas S. Kleeh: Status Conference held on 9/29/2020. (Court Reporter Jill Cutter) (jss) (Entered: 09/29/2020)
2020-09-2927ORDER CANCELLING HEARING AND ESTABLISHING BRIEFING SCHEDULE: Any petition or motion for attorneys fees shall be filed on or before October 22, 2020. Signed by District Judge Thomas S. Kleeh on 9/29/20. (jss) (Entered: 09/29/2020)
2020-10-0928STIPULATION of Dismissal by Center for Biological Diversity. (Attachments: # 1 Attachment Settlement Agreement, # 2 Proposed Order)(Becher, John) (Entered: 10/09/2020)
2020-10-1329DISMISSAL ORDER: Ordered that this case is dismissed with prejudice. Signed by District Judge Thomas S. Kleeh on 10/13/20. (jss) (Entered: 10/13/2020)
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