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Case TitleWestern Watersheds Project v. USDA APHIS Wildlife Services
DistrictDistrict of Idaho
CityDatabaseVersion 6.2.2 Boise - Southern
Case Number1:2018cv00335
Date Filed2018-07-26
Date Closed2019-04-19
JudgeJudge B. Lynn Winmill
PlaintiffWestern Watersheds Project
Case DescriptionWestern Watersheds Project submitted four FOIA requests to the Animal and Plant Health Inspection Service for records concerning attacks on livestock by wolves. WWP also requested a fee waiver and expedited processing. The agency acknowledged receipt of the requests and denied WWP's request for expedited processing. After hearing nothing further from the agency, WWP filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantUSDA APHIS Wildlife Services
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Opinion/Order [24]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2018-07-261COMPLAINT against USDA APHIS Wildlife Services ( Filing fee $ 400 receipt number 0976-1765862.), filed by Western Watersheds Project. (Attachments: # 1 Cover Sheet, # 2 Summons)(Lake, Scott)
2018-07-262Corporate Disclosure Statement by Western Watersheds Project. (Lake, Scott)
2018-07-273Summons Issued as to USDA APHIS Wildlife Services. (Print attached Summons for service.) (jp)
2018-08-304ANSWER to 1 Complaint by USDA APHIS Wildlife Services.(Schaefer, James)
2018-09-045CERTIFICATE OF SERVICE by Western Watersheds Project (Attachments: # 1 Exhibit)(Lake, Scott)
2018-09-047LITIGATION ORDER AND NOTICE OF TELEPHONIC SCHEDULING CONFERENCE Telephonic Scheduling Conference set for 10/18/2018 01:30 PM in Telephonic Hearing - Boise Chambers before Judge B. Lynn Winmill. On or before 10/11/18, the parties must file with the Court the joint Litigation Plan and Discovery Plan. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (jp) (Entered: 09/05/2018)
2018-09-056NOTICE of Availability of Magistrate Judge and Requirement for Consent sent to counsel for USDA APHIS Wildlife Services, Western Watersheds Project re 4 Answer to Complaint, 1 Complaint. Consent/Objection to Magistrate due by 11/5/2018. (jp)
2018-09-148MOTION for Summary Judgment Scott Lake appearing for Plaintiff Western Watersheds Project. Responses due by 10/5/2018 (Attachments: # 1 Memorandum in Support, # 2 Separate Statement of Fact, # 3 Affidavit of Scott Lake, # 4 Affidavit of Kristin Ruether, # 5 Exhibit 1, # 6 Exhibit 2, # 7 Exhibit 3, # 8 Exhibit 4, # 9 Exhibit 5, # 10 Exhibit 6, # 11 Exhibit 7, # 12 Exhibit 8, # 13 Exhibit 9, # 14 Exhibit 10, # 15 Exhibit 11, # 16 Exhibit 12, # 17 Exhibit 13, # 18 Exhibit 14, # 19 Exhibit 15, # 20 Exhibit 16, # 21 Exhibit 17, # 22 Exhibit 18, # 23 Exhibit 19, # 24 Exhibit 20, # 25 Exhibit 21, # 26 Exhibit 22)(Lake, Scott)
2018-09-289NOTICE of Appearance by Robert Burke Firpo on behalf of USDA APHIS Wildlife Services (Firpo, Robert)
2018-10-0110MOTION for Extension of Time to File Response/Reply as to 8 MOTION for Summary Judgment (Unopposed) Robert Burke Firpo appearing for Defendant USDA APHIS Wildlife Services. Responses due by 10/22/2018 (Firpo, Robert)
2018-10-0211DOCKET ENTRY ORDER granting 10 Motion for Extension of Time to File Response/Reply. Defendant shall file a response brief to the pending motion for summary judgment 8 on or before October 19, 2018. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (dm)
2018-10-10Set/Reset Deadlines as to 8 MOTION for Summary Judgment pursuant to Order 11 . Responses due by 10/19/2018. (jlb)
2018-10-1112Joint MOTION to Stay Briefing and Scheduling Conference Scott Lake appearing for Plaintiff Western Watersheds Project. Responses due by 11/1/2018 (Lake, Scott)
2018-10-1113SCHEDULING CONFERENCE FORM - LITIGATION PLAN by Western Watersheds Project. (Attachments: # 1 Supplement to Joint Litigation Plan)(Lake, Scott)
2018-10-1514ORDER Granting 12 Joint MOTION to Stay Briefing and Vacate Telephonic Scheduling Conference filed by Western Watersheds Project. The 10/18/18 scheduling conference is VACATED, and further briefing is STAYED until 12/14/18, with the briefing schedule to be reset as necessary after that date. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (jp) (Entered: 10/16/2018)
2018-10-1815Docket entry only - CONSENT to Magistrate Judge filed. (jp) (Entered: 10/22/2018)
2018-11-06The 60 day deadline has expired. Case will remain with District Judge. No more notice of availability or assignment will be sent out. Consent deadline(s) termed. (jp)
2018-12-1416MOTION to Stay Joint Status Report and Motion to Stay Robert Burke Firpo appearing for Defendant USDA APHIS Wildlife Services. Responses due by 1/4/2019 (Firpo, Robert)
2018-12-1717DOCKET ENTRY ORDER granting 16 Motion to Stay. On or before January 28, 2019, the parties shall either file a notice that the case has settled or file a status notice. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (dm)
2018-12-17Set Deadlines/Hearings: Per dkt 17, On or before January 28, 2019, the parties shall either file a notice that the case has settled or file a status notice. (jp) (Entered: 12/23/2018)
2019-01-0218DOCKET ENTRY ORDER. This case is hereby stayed in accordance with General Order No. 339. Signed by Judge B. Lynn Winmill. (km)
2019-01-2819DOCKET ENTRY ORDER. Pursuant to General Order No. 339 and except as otherwise noted below, all applicable deadlines under the Federal Rules of Civil Procedure and any deadlines provided for in the Courts Case Management Orders or Amended Case Management Orders for those cases included in the Case List Report (incorporated by reference in General Order No. 339) are hereby extended a period of 35 days from the original deadline. Any deadlines that were separately set by stipulation and/or court order are not extended by this Docket Entry Order. Similarly, any deadlines for discovery requests are not extended if, as of December 22, 2018, the discovery could not have been timely served and completed prior to the original discovery deadline. Note that the Clerk's Office is in the process of re-setting all of these deadlines in CM/ECF. Signed by Judge B. Lynn Winmill. (km)
2019-01-28Set Deadlines/Hearings: Per Order dkt 19, Settlement Deadline reset for 3/4/2019. (jp) (Entered: 01/29/2019)
2019-02-0420DOCKET ENTRY ORDER dismissing 8 Motion for Summary Judgment. The dismissal has no impact on the merits or substance of the motion and is without prejudice to the rights of the plaintiff to refile the same motion, brief, and supporting materials if the settlement talks are unsuccessful. In the event that the motion is refiled, the parties shall agree to a briefing schedule. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (dm)
2019-02-1322NOTICE by Western Watersheds Project of Withdrawal (Ruether, Kristin)
2019-03-0423Joint MOTION to Dismiss Scott Lake appearing for Plaintiff Western Watersheds Project. Responses due by 3/25/2019 (Attachments: # 1 Settlement Agreement)(Lake, Scott)
2019-04-1924JUDGMENT. IT IS HEREBY ORDERED, that the Joint Motion to Dismiss (docket no. 23 ) is GRANTED and that this action be dismissed with prejudice pursuant to the settlement agreement (docket no. 23-1) filed herewith. Signed by Judge B. Lynn Winmill. (alw)
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