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Case TitleEARTH ISLAND INSTITUTE v. UNITED STATES DEPARTMENT OF THE INTERIOR
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2019cv00039
Date Filed2019-01-08
Date Closed2020-07-07
JudgeJudge Trevor N. McFadden
PlaintiffEARTH ISLAND INSTITUTE
Case DescriptionThe Earth Island Institute submitted a FOIA request to the Department of the Interior for records concerning 23 public meetings held by the Bureau of Ocean Energy Management. The agency acknowledged receipt of the request. After several attempts to inquire about the status of its request, the agency told EII that it would not charge fees for records released on a rolling, interim basis. But after hearing nothing further from the agency, EII filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Attorney's fees

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

2019-01-081COMPLAINT against UNITED STATES DEPARTMENT OF THE INTERIOR ( Filing fee $ 400 receipt number 0090-5875642) filed by Earth Island Institute. (Attachments: # 1 Exhibit FOIA Request)(Babcock, Hope) (Entered: 01/08/2019)
2019-01-082CIVIL COVER SHEET by Earth Island Institute re 1 Complaint filed by Earth Island Institute. Related document: 1 Complaint filed by Earth Island Institute.(Babcock, Hope) (Main Document 2 replaced on 1/9/2019) (zef, ). (Entered: 01/08/2019)
2019-01-083REQUEST FOR SUMMONS TO ISSUE re 1 Complaint filed by Earth Island Institute. Related document: 1 Complaint filed by Earth Island Institute. (Attachments: # 1 Summons U.S. Attorney for the District of Columbia, # 2 Summons U.S. Attorney General)(Babcock, Hope) (Entered: 01/08/2019)
2019-01-084LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by Earth Island Institute (Babcock, Hope) (Entered: 01/08/2019)
2019-01-09Case Assigned to Judge Trevor N. McFadden. (zef, ) (Entered: 01/09/2019)
2019-01-095SUMMONS (3) Issued Electronically as to UNITED STATES DEPARTMENT OF THE INTERIOR, U.S. Attorney and U.S. Attorney General (zef, ) (Entered: 01/09/2019)
2019-01-176RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 1/10/2019. ( Answer due for ALL FEDERAL DEFENDANTS by 2/9/2019.), RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 10/15/2019., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES DEPARTMENT OF THE INTERIOR served on 1/15/2019 (Attachments: # 1 Exhibit US Attorney Proof of Service, # 2 Exhibit US Attorney General Proof of Service, # 3 Exhibit U.S. Department of the Interior Proof of Service)(Babcock, Hope) (Entered: 01/17/2019)
2019-02-087STANDING ORDER establishing procedures for cases before Judge Trevor N. McFadden. The parties are directed to read and strictly comply with the attached Order. Signed by Judge Trevor N. McFadden on 2/8/2019. (lctnm3) (Entered: 02/08/2019)
2019-02-118ANSWER to Complaint by UNITED STATES DEPARTMENT OF THE INTERIOR.(Clark, Denise) (Entered: 02/11/2019)
2019-02-12MINUTE ORDER. Before the Court are a complaint and an answer in this FOIA case. It is hereby ORDERED that the parties shall meet and confer and file a Joint Status Report proposing a schedule for proceeding in this matter. The schedule should address, among other things, the status of the Plaintiff's FOIA request, the anticipated number of documents responsive to the request, the anticipated date(s) for release of the documents requested by the Plaintiff, whether a motion for an Open America stay is likely in this case, whether a Vaughn index will be required in this case, and a briefing schedule for dispositive motions, if required. The parties shall file the Report on or before March 11, 2019. Signed by Judge Trevor N. McFadden on 2/12/2019. (lctnm3) (Entered: 02/12/2019)
2019-02-12Set/Reset Deadlines: Joint Status Report due by 3/11/2019. (hmc) (Entered: 02/12/2019)
2019-03-119Joint STATUS REPORT by EARTH ISLAND INSTITUTE. (Babcock, Hope) (Entered: 03/11/2019)
2019-03-13MINUTE ORDER: Upon consideration of the parties' 9 Joint Status Report, it is hereby ORDERED that a further update shall be filed on or before April 12, 2019. This Report shall propose a schedule for further proceedings as necessary. Signed by Judge Trevor N. McFadden on 3/13/2019. (lctnm3) (Entered: 03/13/2019)
2019-03-13Set/Reset Deadlines: Joint Status Report due by 4/12/2019. (hmc) (Entered: 03/13/2019)
2019-04-1210Joint STATUS REPORT by EARTH ISLAND INSTITUTE. (Babcock, Hope) (Entered: 04/12/2019)
2019-04-1211MOTION for Leave to File by EARTH ISLAND INSTITUTE. (See Docket Entry 10 to view document) (tth) (Entered: 04/15/2019)
2019-04-13MINUTE ORDER: Upon consideration of the parties' 10 Joint Status Report, it is hereby ORDERED that a Supplemental Joint Status Report shall be filed on April 16, 2019. This report shall identify the agreed upon deadlines relating to the Defendant's supplemental records search. The parties shall also file a further Status Report on or before May 17, 2019. This report shall update the Court on the status of the supplemental search and propose a schedule for further proceedings. Signed by Judge Trevor N. McFadden on 4/13/2019. (lctnm3) (Entered: 04/13/2019)
2019-04-15Set/Reset Deadlines: Supplemental Joint Status Report due by 4/16/2019. A further Joint Status Report is due by 5/17/2019. (hmc) (Entered: 04/15/2019)
2019-04-1612Joint STATUS REPORT by EARTH ISLAND INSTITUTE. (Babcock, Hope) (Entered: 04/16/2019)
2019-05-1513Joint STATUS REPORT by EARTH ISLAND INSTITUTE. (Attachments: # 1 Text of Proposed Order)(Babcock, Hope) (Entered: 05/15/2019)
2019-05-16MINUTE ORDER: Upon consideration of the parties' 13 Third Joint Status Report and agreed upon schedule, it is hereby ORDERED that: (1) the Defendant shall make an initial production of responsive records from the supplemental search no later than June 10, 2019; (2) the Defendant shall make rolling monthly productions of responsive records on or before the 30th of every month thereafter until production is complete; (3) the parties shall file a further Joint Status Report updating the Court on the status of the supplemental search and records production on or before June 14, 2019; and (4) the parties shall file a monthly Joint Status Report on or before the 15th of each month thereafter until production is complete. Signed by Judge Trevor N. McFadden on 5/16/2019. (lctnm3) (Entered: 05/16/2019)
2019-05-16Set/Reset Deadlines: Defendant's initial production of responsive records due by 6/10/2019. Joint Status Report due by 6/14/2019. (hmc) (Entered: 05/16/2019)
2019-06-1314Joint STATUS REPORT by UNITED STATES DEPARTMENT OF THE INTERIOR. (Clark, Denise) (Entered: 06/13/2019)
2019-07-1515Joint STATUS REPORT by EARTH ISLAND INSTITUTE. (Babcock, Hope) (Entered: 07/15/2019)
2019-08-1516Joint STATUS REPORT of Earth Island Institute and Department of Interior by EARTH ISLAND INSTITUTE. (Babcock, Hope) (Entered: 08/15/2019)
2019-09-1117Joint STATUS REPORT by UNITED STATES DEPARTMENT OF THE INTERIOR. (Clark, Denise) (Entered: 09/11/2019)
2019-10-1518Joint STATUS REPORT by EARTH ISLAND INSTITUTE. (Babcock, Hope) (Entered: 10/15/2019)
2019-10-15MINUTE ORDER. Upon consideration of the parties' 18 Joint Status Report, it is hereby ORDERED that monthly productions shall continue at the current rate; and further ORDERED that the parties shall submit another Joint Status Report on or before December 15, 2019 and every sixty days thereafter until production is complete. Signed by Judge Trevor N. McFadden on 10/15/2019. (lctnm3) (Entered: 10/15/2019)
2019-10-16Set/Reset Deadlines: Joint Status Report due by 12/15/2019, and every sixty days thereafter. (hmc) (Entered: 10/16/2019)
2019-11-2719NOTICE OF SUBSTITUTION OF COUNSEL by Michelle D. Jackson on behalf of All Defendants Substituting for attorney Denise M. Clark (Jackson, Michelle) (Entered: 11/27/2019)
2019-12-1320Joint STATUS REPORT of Earth Island Institute and Department of Interior by EARTH ISLAND INSTITUTE. (Babcock, Hope) (Entered: 12/13/2019)
2020-02-1321Joint STATUS REPORT of Earth Island Institute and Department of Interior by EARTH ISLAND INSTITUTE. (Babcock, Hope) (Entered: 02/13/2020)
2020-04-1422Joint STATUS REPORT by EARTH ISLAND INSTITUTE. (Babcock, Hope) (Entered: 04/14/2020)
2020-05-1523NOTICE OF SUBSTITUTION OF COUNSEL by Kristin Brudy-Everett on behalf of UNITED STATES DEPARTMENT OF THE INTERIOR Substituting for attorney Michelle D. Jackson (Brudy-Everett, Kristin) (Entered: 05/15/2020)
2020-06-1224Joint STATUS REPORT by EARTH ISLAND INSTITUTE. (Babcock, Hope) (Entered: 06/12/2020)
2020-07-0725STIPULATION of Dismissal by EARTH ISLAND INSTITUTE. (Babcock, Hope) (Entered: 07/07/2020)
2020-07-07MINUTE ORDER. Pursuant to the parties' 25 Stipulation of Dismissal, this matter is hereby DISMISSED with prejudice per the terms of the stipulation. The Clerk of the Court is directed to close the case. SO ORDERED. Signed by Judge Trevor N. McFadden on 7/7/2020. (lctnm2) (Entered: 07/07/2020)
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