Case Detail

FOIA Project Annotation: A federal court in Louisiana, ruling on a number of related requests submitted by Atchafalaya Basinkeeper, the Louisiana Crawfish Producers Association-West, and Healthy Gulf to the U.S. Army Corps of Engineers provides a good illustration of the difficulties often experienced when an agency like the Corps of Engineers struggles to respond appropriately to multiple requests under such circumstances. The results, as probably should be expected, are a mixed bag where the court finds the Corps' search sufficient sometimes while missing the mark in respect to other similar search requests. The organizations submitted a total of eight FOIA requests relating to assessing damage to the Atchafalaya Basin caused by sedimentation from USACE's water diversion projects or plans and permits for similar projects in the basin. The groups filed suit after the agency failed to conduct searches for most requests. The agency argued that it had conducted adequate searches for each request, although occasionally responsive records did not exist. Judge Jay Zaney first addressed two requests for records related to specific permit numbers. Although Atchafalaya's attorney claimed that more records should exist as to one of the requests, Zaney noted that "however, the question the Court must decide is whether the search performed was legally adequate, not whether other documents exist that were not located in the search. And the Court finds USACE has met its burden of establishing that it concluded a legally adequate search for the East Grand Lake Request." Turning to the other request, which concerned the Bayou Bridge Pipeline, Zaney found the agency had not yet shown that its search was adequate. Zaney explained that "the Court finds that USACE has not met its burden of establishing that it conducted a legally adequate search for the Bayou Bridge Request. Although the employee who searched for responsive records was identified in [the agency's declaration], the declaration lacks details about how his searches were conducted or what specific resources were searched." Zaney faulted USACE's no records response to a request for a project that had not yet been commenced. He pointed out that "regardless of whether the project was in process or not, there should have been searches conducted for the permit undergirding the project." While accepting the agency's searches for several requests concerning Buffalo Cove, Zaney rejected one search description that he found insufficiently detailed, which stated only that the FOIA contact had "received responsive records." Zaney pointed out that "this is the extent of the description of [the employee's] search. Accordingly, because the Court is unable to evaluate the adequacy of USACE's search for documents responsive to the December 2020 Request, the Court denies USACE's Motion for Summary Judgment as to this search." Zaney ordered the agency to provide further details within 60 days. Zaney also rejected the plaintiffs' claim that USACE had a policy or practice of violating FOIA by not abiding by the statutory time limits. Instead, he noted that "here, there is little beyond the delays themselves that signals that USACE's conduct in this case does not amount to the sort of bad faith conduct and had not incurred the sorts of prolonged delays that would entitle Plaintiffs to either declaratory or injunctive relief to an alleged policy or practice."
Issues: Adequacy - Search

Date Filed	Doc #	Docket Text
2021-02-12	1	COMPLAINT against All Defendants (Filing fee $ 402 receipt number ALAEDC-8733215) filed by Atchafalaya Basinkeeper, Inc., Healthy Gulf, Louisiana Crawfish Producers Association - West. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit Ex. A - Dean's Certification for Student Attorneys, # 3 Exhibit Ex. B - Client Consent for Student Attorneys) Attorney Elizabeth Livingston de Calderon added to party Atchafalaya Basinkeeper, Inc.(pty:pla), Attorney Elizabeth Livingston de Calderon added to party Healthy Gulf(pty:pla), Attorney Elizabeth Livingston de Calderon added to party Louisiana Crawfish Producers Association - West(pty:pla).(Livingston de Calderon, Elizabeth) Modified filer/text on 2/16/2021 (lt). (Entered: 02/12/2021)
2021-02-12	2	Statement of Corporate Disclosure by Atchafalaya Basinkeeper, Healthy Gulf, Louisiana Crawfish Producers Association - West (Livingston de Calderon, Elizabeth) (Entered: 02/12/2021)
2021-02-12	3	Summons Submitted for Issuance (Livingston de Calderon, Elizabeth) (Entered: 02/12/2021)
2021-02-12	4	Initial Case Assignment to Judge Jay C. Zainey and Magistrate Judge Janis van Meerveld. (go) (Entered: 02/12/2021)
2021-02-16	5	Summons Issued as to U.S. Army Corps of Engineers. (lt) (Entered: 02/16/2021)
2021-03-18	6	EXPARTE/CONSENT MOTION for Extension of Time to Answer re 1 Complaint,, by U.S. Army Corps of Engineers. (Attachments: # 1 Proposed Order)Attorney Robert Hilton Adams added to party U.S. Army Corps of Engineers(pty:dft).(Adams, Robert) (Entered: 03/18/2021)
2021-03-19	7	ORDER Granting 6 Motion for Extension of Time to Answer as to U.S. Army Corps of Engineers. Answer due up to and including 4/12/2021. Signed by Judge Jay C. Zainey on 3/19/2021. (ajn) (Entered: 03/19/2021)
2021-04-12	8	ANSWER to 1 Complaint,, by U.S. Army Corps of Engineers.(Adams, Robert) (Entered: 04/12/2021)
2021-04-13	9	NOTICE of Hearing. Scheduling Conference set for 5/7/2021 10:20 AM before case manager by telephone. By Clerk. (jrc) (Entered: 04/13/2021)
2021-05-07	10	SCHEDULING ORDER: Final Pretrial Conference set for 2/24/2022 10:00 AM before Judge Jay C. Zainey. Bench Trial set for 3/14/2022 10:00 AM before Judge Jay C. Zainey. Signed by Judge Jay C. Zainey. (Attachments: # 1 Pretrial Notice Form)(jrc) (Entered: 05/07/2021)
2021-05-14	11	ORDER SCHEDULING SETTLEMENT CONFERENCE: A Settlement Conference is set for Thursday, 11/4/2021 at 9:00 AM. This conference shall take place VIA VIDEO CONFERENCE before Magistrate Judge Janis van Meerveld. A Zoom for Government link will be circulated to counsel of record via email. The required settlement memoranda, more fully described on Page 2, are due no later than midnight on Thursday, 10/28/2021. Signed by Magistrate Judge Janis van Meerveld on 5/13/2021.(ajn) (Entered: 05/14/2021)
2021-06-18	12	EXPARTE/CONSENT MOTION for Leave to File First Amended Complaint by Atchafalaya Basinkeeper, Inc., Healthy Gulf, Louisiana Crawfish Producers Association - West. (Attachments: # 1 First Amended Complaint, # 2 Proposed Order)(Livingston de Calderon, Elizabeth) Modified text on 6/21/2021 to remove referral(ajn). (Entered: 06/18/2021)
2021-06-21	13	Correction of Docket Entry by Clerk re 12 MOTION for Leave to File First Amended Complaint. **Filing attorney incorrectly changed 'N' to 'Y' at the question 'Is this motion to be decided by the Magistrate Judge Y/N?'. This motion will be decided by the District Judge. Since there is consent by defense counsel, this filing does not need to be referred. Clerk took corrective action and removed the referral to the Magistrate Judge.** (ajn) (Entered: 06/21/2021)
2021-06-22	14	ORDER granting 12 Motion for Leave to File First Amended Complaint. Signed by Judge Jay C. Zainey on 6/22/2021. (ajn) (Entered: 06/22/2021)
2021-06-22	15	MOTION for Summary Judgment by U.S. Army Corps of Engineers. Motion(s) will be submitted on 7/7/2021. (Attachments: # 1 Memorandum in Support, # 2 Exhibit 1 - Roth Declaration, # 3 Statement of Contested/Uncontested Facts, # 4 Notice of Submission)(Adams, Robert) (Entered: 06/22/2021)
2021-06-23	16	FIRST AMENDED COMPLAINT against U.S. Army Corps of Engineers filed by Healthy Gulf, Atchafalaya Basinkeeper, Inc. and Louisiana Crawfish Producers Association - West.(ajn) (Entered: 06/23/2021)
2021-06-25	17	**DEFICIENT**EXPARTE/CONSENT Ex Parte MOTION for Extension Submission date as to 15 MOTION for Summary Judgment under Rule 6(b) by Atchafalaya Basinkeeper, Inc., Healthy Gulf, Louisiana Crawfish Producers Association - West. (Attachments: # 1 Proposed Order)(Livingston de Calderon, Elizabeth) Modified on 6/28/2021 (ajn). (Entered: 06/25/2021)
2021-06-28	18	EXPARTE/CONSENT Consent MOTION for Extension of Time to File Response/Reply as to 15 MOTION for Summary Judgment under Rule 6(b) by Atchafalaya Basinkeeper, Inc., Healthy Gulf, Louisiana Crawfish Producers Association - West. (Attachments: # 1 Proposed Order)(Livingston de Calderon, Elizabeth) (Entered: 06/28/2021)
2021-06-28	19	ORDER Granting 18 Consent MOTION to Extend Submission Date as to 15 MOTION for Summary Judgment and the submission date is set for 8/18/2021. Signed by Judge Jay C. Zainey on 6/28/2021.(ajn) (Entered: 06/28/2021)
2021-06-29	20	MOTION for Protective Order Precluding Discovery by U.S. Army Corps of Engineers. Motion(s) referred to Janis van Meerveld. Motion(s) will be submitted on 7/21/2021. (Attachments: # 1 Memorandum in Support, # 2 Notice of Submission)(Adams, Robert) (Entered: 06/29/2021)
2021-07-02	21	ORDER - IT IS ORDERED that oral argument on Defendant's Motion for a Protective Order Precluding Discovery (Rec. Doc. 20) will be held on Wednesday, July 21, 2021, at 11:00 a.m., before Magistrate Judge Janis van Meerveld. Signed by Magistrate Judge Janis van Meerveld on 7/2/21.(cg) (Entered: 07/02/2021)
2021-07-07	22	ANSWER to 16 Amended Complaint by United States Army Corps of Engineers.(Adams, Robert) (Entered: 07/07/2021)
2021-07-13	23	RESPONSE/MEMORANDUM in Opposition filed by All Plaintiffs re 20 MOTION for Protective Order . (Attachments: # 1 Affidavit of Misha Mitchell, # 2 Affidavit of Lauren Godshall, # 3 Exhibit Plaintiffs' First Set of Discovery Requests, # 4 Exhibit July 2, 2021 Letter)(Livingston de Calderon, Elizabeth) (Entered: 07/13/2021)
2021-07-15	24	EXPARTE/CONSENT MOTION for Leave to File Reply in Support of Motion for Protective Order by United States Army Corps of Engineers. Motion(s) referred to Janis van Meerveld. (Attachments: # 1 Proposed Order, # 2 Proposed Pleading)(Adams, Robert) Modified text on 7/16/2021 (ajn). (Entered: 07/15/2021)
2021-07-16	25	ORDER Granting 24 Motion for Leave to File Reply. Signed by Judge Jay C. Zainey on 7/16/2021. (ajn) (Entered: 07/16/2021)
2021-07-16	26	REPLY/MEMORANDUM in Support filed by United States Army Corps of Engineers re 20 MOTION for Protective Order Precluding Discovery . (ajn) (Entered: 07/16/2021)
2021-07-20	27	ORDER OF RECUSAL. Magistrate Judge Janis van Meerveld recused. Case reassigned to Magistrate Judge Michael North. IT IS FURTHER ORDERED that Oral Argument on the Motion for Protective Order (rec. Doc. 20) set for 7/21/2021, is CANCELLED, to be reset by the new Magistrate Judge if deemed appropriate. Signed by Magistrate Judge Janis van Meerveld on 7/20/2021.(ajn) (Entered: 07/20/2021)
2021-07-20	28	MOTION to Defer or Deny Defendant's 15 MOTION for Summary Judgment by Atchafalaya Basinkeeper, Inc., Healthy Gulf, Louisiana Crawfish Producers Association - West. Motion(s) will be submitted on 8/4/2021. (Attachments: # 1 Memorandum in Support, # 2 Affidavit of Elizabeth Livingston de Calderon, # 3 Notice of Submission for 8/4/21)(Livingston de Calderon, Elizabeth) Modified text on 7/21/2021 to correct event (ajn). (Entered: 07/20/2021)
2021-07-20	29	Request/Statement of Oral Argument by Atchafalaya Basinkeeper, Inc., Healthy Gulf, Louisiana Crawfish Producers Association - West regarding 28 MOTION to Defer or Deny Defendant's (Livingston de Calderon, Elizabeth) Modified text on 7/21/2021 (ajn). (Entered: 07/20/2021)
2021-07-21	30	Correction of Docket Entry by Clerk re 28 Motion for Extension of Time to File Response Reply. ***Filing attorney selected incorrect event. For future filings, when there is not a specific motion event for your motion, select the event "Miscellaneous Relief" and text can be added for the motion. Clerk took corrective action by changing the event and correcting the docket text.** (ajn) (Entered: 07/21/2021)
2021-07-21	31	NOTICE regarding oral argument on 28 Motion to Defer or Deny Defendant's Motion for Summary Judgment.. By Clerk.(jrc) (Entered: 07/21/2021)
2021-07-21	32	EXPARTE/CONSENT Joint MOTION for Extension of Deadlines by United States Army Corps of Engineers. (Attachments: # 1 Proposed Order)(Adams, Robert) (Entered: 07/21/2021)
2021-07-21	33	ORDERED that Defendant's 20 MOTION for Protective Order will be deemed submitted on 7/28/2021. Signed by Magistrate Judge Michael North on 7/21/2021.(jls) (Entered: 07/21/2021)
2021-07-22	34	ORDER Granting 32 Joint MOTION for Extension of Deadlines. IT IS ORDERED that Plaintiff's 28 Motion to Defer or Deny Defendant's MOTION for Summary Judgment is set for submission on 9/15/2021 and Defendant's 15 Motion for Summary Judgment is set for submission on 9/29/2021. Signed by Judge Jay C. Zainey on 7/22/2021.(ajn) (Entered: 07/22/2021)
2021-08-03	35	ORDER GRANTING 20 Motion for Protective Order Precluding Discovery. The overwhelming weight of authority supports limiting discovery until the pending motion for summary judgment and the sufficiency of the accompanying declaration are decided. Signed by Magistrate Judge Michael North on 8/3/2021. (jls) (Entered: 08/03/2021)
2021-08-13	36	MOTION for APPEAL/REVIEW OF MAGISTRATE JUDGE DECISION to District Court re 35 Order on Motion for Protective Order, by Atchafalaya Basinkeeper, Inc., Healthy Gulf, Louisiana Crawfish Producers Association - West. Motion(s) will be submitted on 9/15/2021. (Attachments: # 1 Memorandum in Support, # 2 Notice of Submission)(Livingston de Calderon, Elizabeth) (Entered: 08/13/2021)
2021-08-13	37	Request/Statement of Oral Argument by All Plaintiffs regarding 36 MOTION for APPEAL/REVIEW OF MAGISTRATE JUDGE DECISION to District Court re 35 Order on Motion for Protective Order, (Livingston de Calderon, Elizabeth) (Entered: 08/13/2021)
2021-08-16	38	NOTICE regarding oral argument re 36 MOTION for APPEAL/REVIEW OF MAGISTRATE JUDGE DECISION to District Court re 35 Order on Motion for Protective Order, . By Clerk.(jrc) (Entered: 08/16/2021)
2021-09-08	39	ORDER - In light of the recusal of Magistrate Judge Janice van Meerveld and the reassignment of this case to Magistrate Judge Michael B. North (rec. doc. 27), the settlement conference in the above matter is hereby RESCHEDULED, by telephone, for November 4, 2021 at 10:00 a.m. before the undersigned. Signed by Magistrate Judge Michael North on 9/8/21.(cg) (Entered: 09/08/2021)
2021-09-13	40	EXPARTE/CONSENT Joint MOTION for Extension of Deadlines by Atchafalaya Basinkeeper, Inc., Healthy Gulf, Louisiana Crawfish Producers Association - West. (Attachments: # 1 Proposed Order)(Livingston de Calderon, Elizabeth) (Entered: 09/13/2021)
2021-09-15	41	ORDER Granting 40 Joint MOTION for Extension of Deadlines. The submission date for Plaintiff's 28 Motion to Defer or Deny Defendant's Motion for Summary Judgment and 36 MOTION for APPEAL/REVIEW OF MAGISTRATE JUDGE DECISION on Defendant's Motion for Protective Order is set for 10/27/2021; and Defendant's MOTION for Summary Judgment is set for submission on 11/10/2021. Signed by Judge Jay C. Zainey on 9/14/2021.(ajn) (Entered: 09/15/2021)
2021-10-14	42	Request/Statement of Oral Argument by All Plaintiffs regarding 15 MOTION for Summary Judgment (Livingston de Calderon, Elizabeth) (Entered: 10/14/2021)
2021-10-18	43	NOTICE re 42 Request/Statement of Oral Argument 15 MOTION for Summary Judgment by Clerk. (ajn) (Entered: 10/18/2021)
2021-10-19	44	RESPONSE/MEMORANDUM in Opposition filed by United States Army Corps of Engineers re 28 Motion for Miscellaneous Relief . (Attachments: # 1 Affidavit)(Adams, Robert) (Entered: 10/19/2021)
2021-10-19	45	RESPONSE/MEMORANDUM in Opposition filed by United States Army Corps of Engineers re 36 MOTION for APPEAL/REVIEW OF MAGISTRATE JUDGE DECISION to District Court re 35 Order on Motion for Protective Order, . (Adams, Robert) (Entered: 10/19/2021)
2021-10-25	46	EXPARTE/CONSENT MOTION for Leave to File by Atchafalaya Basinkeeper, Inc., Healthy Gulf, Louisiana Crawfish Producers Association - West. (Attachments: # 1 Omnibus Reply in Support of Motions 1) to Defer of Deny Defendant's Motion for Summary Judgment (ECF 28) and 2) to Review Order Precluding Discovery (ECF 36))(Livingston de Calderon, Elizabeth) (Additional attachment(s) added on 10/26/2021: # 2 Proposed Order) (ajn). (Entered: 10/25/2021)
2021-10-27	47	ORDER Granting 46 Motion for Leave to File Reply. Signed by Judge Jay C. Zainey on 10/26/2021. (ajn) (Entered: 10/27/2021)
2021-10-27	48	REPLY/MEMORANDUM in Support filed by Atchafalaya Basinkeeper, Inc., Healthy Gulf, Louisiana Crawfish Producers Association - West re 28 Motion to Defer or Deny Defendant's MOTION for Summary Judgment and 36 MOTION for APPEAL/REVIEW OF MAGISTRATE JUDGE DECISION to District Court on Defendant's Motion for Protective Order. (ajn) (Entered: 10/27/2021)
2021-11-02	49	EXPARTE/CONSENT MOTION for Leave to File Excess Pages on Opposition to Defendant's Motion for Summary Judgment by Atchafalaya Basinkeeper, Inc., Healthy Gulf, Louisiana Crawfish Producers Association - West. (Attachments: # 1 Proposed Order, # 2 Proposed Pleading Opposition to Defendant's Motion for Summary Judgment (ECF 15), # 3 Exhibit Second Mitchell Declaration, # 4 Exhibit Matthew Rota Declaration, # 5 Exhibit Second Godshall Declaration, # 6 Exhibit Demonstrative, # 7 Statement of Contested/Uncontested Facts)(Livingston de Calderon, Elizabeth) (Entered: 11/02/2021)
2021-11-04	50	ORDER Granting 49 Motion for Leave to File in Excess Pages. Signed by Judge Jay C. Zainey on 11/3/2021. (ajn) (Entered: 11/04/2021)
2021-11-04	51	REPLY/MEMORANDUM in Opposition filed by Atchafalaya Basinkeeper, Inc., Healthy Gulf, Louisiana Crawfish Producers Association - West re 15 MOTION for Summary Judgment . (Attachments: # 1 Exhibit Declaration - Misha Mitchell, # 2 Exhibit Declaration - Matthew Rota, # 3 Exhibit Declaration - Lauren Godshall, # 4 Exhibit Demonstrative)(ajn) (Additional attachment(s) added on 11/16/2021: # 5 Statement of Contested/Uncontested Facts) (ajn). (Entered: 11/04/2021)
2021-11-04	52	***FILED IN ERROR*** RESPONSE/MEMORANDUM in Opposition filed by Atchafalaya Basinkeeper, Inc., Healthy Gulf, Louisiana Crawfish Producers Association - West re 15 MOTION for Summary Judgment . (Attachments: # 1 Exhibit Declaration - Mitchell, # 2 Exhibit-Declaration Rota, # 3 Exhibit-Declaration Godshall, # 4 Exhibit-Demonstrative)(ajn) Modified on 11/4/2021 (ajn). (Entered: 11/04/2021)
2021-11-04	53	Correction of Docket Entry by Clerk re 52 Response/Memorandum in Opposition to Motion. ***PLEASE DISREGARD FILING - DUPLICATE FILED IN ERROR*** (ajn) (Entered: 11/04/2021)
2021-11-08	54	EXPARTE/CONSENT MOTION for Leave to File by United States Army Corps of Engineers. (Attachments: # 1 Proposed Order, # 2 Proposed Pleading)(Adams, Robert) (Entered: 11/08/2021)
2021-11-09	55	ORDER granting 54 Motion for Leave to File Reply Memorandum. Signed by Judge Jay C. Zainey on 11/9/2021. (bw) (Entered: 11/10/2021)
2021-11-10	56	REPLY MEMORANDUM in Support filed by United States Army Corps of Engineers re 15 MOTION for Summary Judgment . (bw) (Entered: 11/10/2021)
2021-11-10	57	Minute Entry for proceedings held before Magistrate Judge Michael North: Settlement Conference held on 11/10/2021. Negotiations were productive but unfortunately no resolution of Plaintiffs' claims could be achieved at this time. Further negotiations will proceed telephonically. (jls) (Entered: 11/10/2021)
2021-11-10	58	EXPARTE/CONSENT MOTION for Leave to File Sur-Reply Opposing Defendant's Motion for Summary Judgment (ECF 15) by Atchafalaya Basinkeeper, Inc., Healthy Gulf, Louisiana Crawfish Producers Association - West. (Attachments: # 1 Proposed Order, # 2 Proposed Pleading)(Livingston de Calderon, Elizabeth) (Entered: 11/10/2021)
2021-11-16	59	ORDER Granting 58 Motion for Leave to File Sur-Reply. Signed by Judge Jay C. Zainey on 11/15/2021. (ajn) (Entered: 11/16/2021)
2021-11-16	60	SUR-REPLY filed by Atchafalaya Basinkeeper, Inc., Louisiana Crawfish Producers Association - West, in Opposition of 15 MOTION for Summary Judgment . (ajn) (Entered: 11/16/2021)
2021-12-13	61	ORDER Denying 36 MOTION for APPEAL OF MAGISTRATE JUDGE DECISION to District Court as set forth in document. Signed by Judge Jay C. Zainey on 12/9/2021. (ajn) (Entered: 12/13/2021)
2021-12-14	62	EXPARTE/CONSENT Consent MOTION to Continue Pre-trial and Trial Dates by Atchafalaya Basinkeeper, Inc., Healthy Gulf, Louisiana Crawfish Producers Association - West. (Attachments: # 1 Proposed Order)(Livingston de Calderon, Elizabeth) (Entered: 12/14/2021)
2021-12-20	63	ORDER: IT IS ORDERED that Plaintiffs' 62 motion to continue is hereby GRANTED; IT IS FURTHER ORDERED that the bench trial in this matter that is set to begin on Monday, March 14, 2022, at 10:00 a.m. is continued; IT IS FURTHER ORDERED that the prior scheduling order is vacated; and IT IS FURTHER ORDERED that a telephone status conference with the Court shall proceed on Thursday, February 24, 2022, at 10:00 a.m. in lieu of the pretrial conference. Signed by Judge Jay C. Zainey on 12/16/2021.(cwa) (Entered: 12/20/2021)
2022-01-25	64	ORDER that the Motion for Summary Judgment 15 filed by Defendant USACE is GRANTED IN PART AND DENIED IN PART as described herein. FURTHER ORDERED that the Motion to Defer/Deny Summary Judgment 28 filed by Plaintiffs Atchafalaya Basinkeeper, Inc., Louisiana Crawfish Producers Association-West, and Healthy Gulf is DENIED AS MOOT. FURTHER ORDERED that, in light of the Courts Order on the Motion for Summary Judgment, the protective order precluding discovery is VACATED. Plaintiffs are allowed to conduct limited discovery on their remaining claims regarding the adequacy of USACEs search on the Bayou Bridge Request, the Beau Bayou Request, and the December 2020 Request. Signed by Judge Jay C. Zainey on 1/20/2022. (caa) (Entered: 01/25/2022)
2022-02-24	65	Minute Entry for proceedings held before Judge Jay C. Zainey: A Telephone Status Conference was held on 2/24/2022. IT IS ORDERED that a follow-up Telephone Status Conference is set for Thursday, 3/31/2022 at 10:45 AM before Judge Jay C. Zainey. The call-in number is set in document. (ajn) (Entered: 02/25/2022)
2022-03-28	66	RESPONSE to 64 Court Order Second Supplemental Declaration of Stephan C. Roth (Attachments: # 1 Affidavit)(Adams, Robert) Modified text on 3/29/2022 (ajn). (Entered: 03/28/2022)
2022-03-31	67	Minute Entry for proceedings held before Judge Jay C. Zainey: A Telephone Status Conference was held on 3/31/2022. IT IS ORDERED that a follow-up Status Conference with the Court by Telephone is SET for Thursday, 5/12/2022 at 11:00 AM before Judge Jay C. Zainey. The call-in number is set in document. (ajn) (Entered: 04/01/2022)
2022-05-05	68	EXPARTE/CONSENT MOTION to Substitute Attorney. Attorney Lauren E Godshall to be substituted in place of Elizabeth Livingston de Calderon as Lead Attorney by Atchafalaya Basinkeeper, Inc., Healthy Gulf, Louisiana Crawfish Producers Association - West. (Attachments: # 1 Proposed Order)(Livingston de Calderon, Elizabeth) (Entered: 05/05/2022)
2022-05-09	69	ORDER Granting 68 Motion to Substitute Attorney. Added attorney Lauren E. Godshall for Atchafalaya Basinkeeper, Inc., Healthy Gulf and for Louisiana Crawfish Producers Association - West. Attorney Elizabeth Livingston de Calderon terminated. Signed by Judge Jay C. Zainey on 5/6/2022. (ajn) (Entered: 05/09/2022)
2022-05-13	70	Minute Entry for proceedings held before Judge Jay C. Zainey: A Status Conference was held on 5/12/2022. Counsel apprised the Court of the status of the case. Ordered deadlines are set forth herein. IT IS FURTHER ORDERED that a follow Status Conference with the Court by TELEPHONE is SET for thursday, 6/16/2022 at 10:45 AM before Judge Jay C. Zainey. The call-in number is set in document. (ajn) (Entered: 05/13/2022)
2022-06-16	71	Minute Entry for proceedings held before Judge Jay C. Zainey: Telephone Status Conference held on 6/16/2022. Counsel apprised the Court of the status of the case and informed the Court about remaining discovery disputes. Accordingly; IT IS ORDERED that counsel shall participate in a Rule 37 conference by or before Friday, June 24, 2022. IT IS FURTHER ORDERED that any remaining discovery disputes shall be raised by written motion, to be filed by or before Friday, July 8, 2022, noticed before the assigned magistrate judge. IT IS FURTHER ORDERED that a follow-up status conference with the Court BY TELEPHONE is SET for Thursday, August 4, 2022, at 10:45 a.m. The call-in number is 877-336-1280, access code 2321992. (cg) (Entered: 06/16/2022)
2022-07-08	72	MOTION to Compel by Atchafalaya Basinkeeper, Inc., Healthy Gulf, Louisiana Crawfish Producers Association - West. Motion(s) referred to Michael North. Motion(s) will be submitted on 8/17/2022. (Attachments: # 1 Memorandum in Support, # 2 Rule 37 Certificate, # 3 Notice of Submission, # 4 Exhibit A, # 5 Exhibit B, # 6 Exhibit C, # 7 Exhibit D, # 8 Exhibit E, # 9 Exhibit F)(Godshall, Lauren) (Entered: 07/08/2022)
2022-07-08	73	Request/Statement of Oral Argument by Atchafalaya Basinkeeper, Inc., Healthy Gulf, Louisiana Crawfish Producers Association - West regarding 72 MOTION to Compel (Godshall, Lauren) (Entered: 07/08/2022)
2022-07-27	74	NOTICE TO PRODUCE HARD COPY: Because the 72 MOTION to Compel contains more than 50 pages, filing counsel must deliver within three working days a hard copy of the submission in a binder with tabbed dividers for all exhibits and attachments, as set forth herein. Issued by the Clerk for Magistrate Judge Michael North.(jls) (Entered: 07/27/2022)
2022-07-29	75	ORDER - At the request of counsel, and in light of the August 17, 2022, submission date for Plaintiffs Motion to Compel (Rec. Doc. 72), Accordingly; IT IS ORDERED that the telephone status conference with the Court, set for Thursday, August 4, 2022, at 10:45 a.m., is RESET for Thursday, August 25, 2022, at 10:15 a.m., BY TELEPHONE. The call-in number is 877-336-1280; access code 2321992. Signed by Judge Jay C. Zainey on 7/29/22.(cg) (Entered: 07/29/2022)
2022-07-29	76	ORDER re 72 MOTION to Compel: Oral Argument set for 8/17/2022 at 11:00 AM before Magistrate Judge Michael North. Signed by Magistrate Judge Michael North on 7/29/2022.(jls) (Entered: 07/29/2022)
2022-08-09	77	RESPONSE/MEMORANDUM in Opposition filed by United States Army Corps of Engineers re 72 MOTION to Compel . (Attachments: # 1 Exhibit)(Adams, Robert) (Entered: 08/09/2022)
2022-08-17	78	Minute Entry for proceedings held before Magistrate Judge Michael North: Motion Hearing held on 8/17/2022 re 72 MOTION to Compel. IT IS ORDERED that Plaintiff's Motion to Compel Discovery Responses (Rec. doc. 72) is DENIED. (Court Reporter Nichelle Wheeler.) (my) (Entered: 08/18/2022)
2022-08-24	79	EXPARTE/CONSENT MOTION to Enroll as Counsel of Record Devin A. Lowell by Atchafalaya Basinkeeper, Inc., Healthy Gulf, Louisiana Crawfish Producers Association - West. (Attachments: # 1 Proposed Order)(Godshall, Lauren) (Entered: 08/24/2022)
2022-08-24	80	NOTICE by All Plaintiffs Introduction of Student Attorneys . (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Godshall, Lauren) (Entered: 08/24/2022)
2022-08-25	81	ORDER granting 79 Motion to Enroll as Additional Counsel of Record for Attorney Devin A. Lowell for Atchafalaya Basinkeeper, Inc., Healthy Gulf, and Louisiana Crawfish Producers Association - West. Signed by Judge Jay C. Zainey on 8/25/2022. (blg) (Entered: 08/26/2022)
2022-08-25	82	Minute Entry for proceedings held before Judge Jay C. Zainey: Telephone Status Conference held on 8/25/2022. ORDERED that a follow-up Status Conference is set for 9/22/2022 10:45 AM before Judge Jay C. Zainey. (blg) (Entered: 08/26/2022)
2022-08-31	83	OBJECTIONS to MAGISTRATE JUDGE DECISION to District Court re 78 Minute Entry re 72 Motion to Compel, by Atchafalaya Basinkeeper, Inc., Healthy Gulf, Louisiana Crawfish Producers Association - West. Motion(s) will be submitted on 9/28/2022. (Attachments: # 1 Notice of Submission)(Godshall, Lauren) Modified text on 9/1/2022 (ajn). (Entered: 08/31/2022)
2022-08-31	84	Request/Statement of Oral Argument by All Plaintiffs regarding 83 OBJECTIONS TO MAGISTRATE JUDGE DECISION to District Court re 78 Minute Entry re 72 Motion to Compel, (Godshall, Lauren) Modified text on 9/1/2022 (ajn). (Entered: 08/31/2022)
2022-09-02	85	ORDER REGARDING ORAL ARGUMENT REQUEST. Signed by Judge Jay C. Zainey on 9/1/2022.(ajn) (Entered: 09/02/2022)
2022-09-20	86	RESPONSE/MEMORANDUM in Opposition filed by United States Army Corps of Engineers re 83 MOTION for APPEAL/REVIEW OF MAGISTRATE JUDGE DECISION to District Court re 78 Motion Hearing, . (Adams, Robert) (Entered: 09/20/2022)
2022-09-22	88	Minute Entry for proceedings held before Judge Jay C. Zainey: Telephone Status Conference held on 9/22/2022. IT IS ORDERED that a follow-up status conference with the Court is SET for TUESDAY, OCTOBER 4, 2022 at 10:45, IN CHAMBERS. (pp) (Entered: 09/23/2022)
2022-09-23	87	ORDER AND REASONS: IT IS ORDERED that the 83 Objection to Magistrate Judge Decision, filed by Atchafalaya Basinkeeper Inc. ("Atchafalaya"), is DENIED. Signed by Judge Jay C. Zainey on 9/22/2022. (pp) (Entered: 09/23/2022)
2022-10-04	89	Minute Entry for proceedings held before Judge Jay C. Zainey: Status Conference held on 10/4/2022. ORDERED that Plaintiff's Counsel send any additional questions relating to the new claims to Defense Counsel no later than October 11, 2022. FURTHER ORDERED Defense Counsel will have twenty days to respond to Plaintiff Counsel's questions. FURTHER ORDERED that the parties will schedule a settlement conference with the Magistrate Judge to be held no later than November 30, 2022. FURTHER ORDERED: In Chambers Status Conference set for 11/29/2022 10:00 AM before Judge Jay C. Zainey. (mmm) (Entered: 10/05/2022)
2022-10-31	90	ORDER RECONVENING SETTLEMENT CONFERENCE: The settlement conference in the matter will be reconvened via telephone on 11/14/2022 at 1:00 p.m. before Magistrate Judge Michael B. North. The parties are referred to the Courts original order scheduling the settlement conference in this matter 39 for requirements regarding the content of and submission date for their updated confidential settlement position papers. Signed by Magistrate Judge Michael North on 10/31/2022.(caa) (Entered: 10/31/2022)
2022-11-08	91	MOTION for Summary Judgment by United States Army Corps of Engineers. Motion(s) will be submitted on 11/23/2022. (Attachments: # 1 Memorandum in Support, # 2 Statement of Contested/Uncontested Facts, # 3 Affidavit, # 4 Exhibit 1, # 5 Notice of Submission)(Adams, Robert) (Entered: 11/08/2022)
2022-11-10	92	EXPARTE/CONSENT MOTION for Extension of Time to File Response/Reply as to 91 MOTION for Summary Judgment by Atchafalaya Basinkeeper, Inc., Healthy Gulf, Louisiana Crawfish Producers Association - West. (Attachments: # 1 Proposed Order)(Godshall, Lauren) (Entered: 11/10/2022)
2022-11-11	93	RESPONSE/MEMORANDUM in Opposition filed by United States Army Corps of Engineers re 92 MOTION for Extension of Time to File Response/Reply as to 91 MOTION for Summary Judgment . (Adams, Robert) (Entered: 11/11/2022)
2022-11-12	94	EXPARTE/CONSENT MOTION for Leave to File Reply in Support of Plaintiffs' Motion to Extend Submission Date for Defendant's Motion for Summary Judgment by Atchafalaya Basinkeeper, Inc., Healthy Gulf, Louisiana Crawfish Producers Association - West. (Attachments: # 1 Proposed Order, # 2 Proposed Pleading)(Godshall, Lauren) (Entered: 11/12/2022)
2022-11-14	98	Minute Entry for proceedings held before Magistrate Judge Michael North: Settlement Conference held on 11/14/2022. Negotiations were productive but unfortunately no resolution of Plaintiffs claims could be achieved at this time. Further negotiations will proceed telephonically. (caa) (Entered: 11/15/2022)
2022-11-15	95	ORDER granting 94 Motion for Leave to File Reply. Signed by Judge Jay C. Zainey on 11/14/2022. (mmm) (Entered: 11/15/2022)
2022-11-15	96	REPLY to Response to Motion filed by Atchafalaya Basinkeeper, Inc., Healthy Gulf re 92 MOTION for Extension of Time to File Response/Reply as to 91 MOTION for Summary Judgment . (mmm) (Entered: 11/15/2022)
2022-11-15	97	ORDER granting 92 MOTION for Extension of Time to File Response/Reply as to 91 MOTION for Summary Judgment. 91 MOTION for Summary Judgment will be submitted on 1/4/2023. Signed by Judge Jay C. Zainey on 11/14/2022.(mmm) (Entered: 11/15/2022)
2022-11-22	99	MOTION for Leave to File Second Amended Complaint by Atchafalaya Basinkeeper, Inc., Healthy Gulf, Louisiana Crawfish Producers Association - West. Motion(s) will be submitted on 12/7/2022. (Attachments: # 1 Memorandum in Support, # 2 Proposed Pleading, # 3 Exhibit A-F, # 4 Exhibit G, # 5 Notice of Submission)(Godshall, Lauren) (Entered: 11/22/2022)
2022-11-30	100	Minute Entry for proceedings held before Judge Jay C. Zainey: Status Conference held on 11/30/2022. ORDERED: Defendant will file any opposition to the Plaintiffs' Motion for Leave to File Second Amended Complaint (Rec. Doc. 99) by January 25, 2023. FURTHER ORDERED: Plaintiffs will have until January 25, 2023 to file any cross motion for summary judgment. FURTHER ORDERED: If the Plaintiffs file a cross motion for summary judgment, the Defendant will have until February 22, 2023 to file a response. (mmm) (Entered: 12/01/2022)
2023-01-25	101	RESPONSE/MEMORANDUM in Opposition filed by United States Army Corps of Engineers re 99 MOTION for Leave to File Second Amended Complaint . (Adams, Robert) (Entered: 01/25/2023)
2023-01-25	102	MOTION for Summary Judgment by Atchafalaya Basinkeeper, Inc., Healthy Gulf, Louisiana Crawfish Producers Association - West. Motion(s) will be submitted on 3/15/2023. (Attachments: # 1 Memorandum in Support, # 2 Notice of Submission, # 3 Statement of Contested/Uncontested Facts, # 4 Third Declaration of Misha Mitchell, # 5 Exhibits A-H to Third Declaration of Mitchell, # 6 Third Declaration of Lauren Godshall, # 7 Exhibits A-J to Third Declaration of Lauren Godshall)(Godshall, Lauren) Modified text on 1/26/2023 (js). (Entered: 01/25/2023)
2023-01-25	103	Request/Statement of Oral Argument by Atchafalaya Basinkeeper, Inc., Healthy Gulf, Louisiana Crawfish Producers Association - West regarding 102 MOTION for Summary Judgment (Godshall, Lauren) (Entered: 01/25/2023)
2023-01-25	104	RESPONSE/MEMORANDUM in Opposition filed by Atchafalaya Basinkeeper, Inc., Healthy Gulf, Louisiana Crawfish Producers Association - West re 91 MOTION for Summary Judgment . (Attachments: # 1 Statement of Contested/Uncontested Facts, # 2 Third Declaration of Misha Mitchell, # 3 Exhibits A - H to Third Declaration of Misha Mitchell, # 4 Third Declaration of Lauren Godshall, # 5 Exhibits A-J to Third Declaration of Lauren Godshall)(Godshall, Lauren) Modified text on 1/26/2023 (js). (Entered: 01/25/2023)
2023-01-25	105	Request/Statement of Oral Argument by All Plaintiffs regarding 91 MOTION for Summary Judgment (Jordan, Lisa) (Entered: 01/25/2023)
2023-01-26	106	Correction of Docket Entry by Clerk re 104 Response/Memorandum in Opposition to Motion, 102 MOTION for Summary Judgment. Attachment has duplicate description. For attachment, select either a category OR enter a description, but not both since this results in duplicate docket text. Clerk took corrective action. (js) (Entered: 01/26/2023)
2023-02-22	107	RESPONSE/MEMORANDUM in Opposition filed by United States Army Corps of Engineers re 102 MOTION for Summary Judgment . (Attachments: # 1 Statement of Contested/Uncontested Facts)(Adams, Robert) (Entered: 02/22/2023)
2023-02-22	108	EXPARTE/CONSENT MOTION for Leave to File by United States Army Corps of Engineers. (Attachments: # 1 Proposed Order, # 2 Proposed Pleading)(Adams, Robert) (Entered: 02/22/2023)
2023-02-23	109	ORDER granting 108 Motion for Leave to File Reply. Signed by Judge Jay C. Zainey on 2/23/2023. (mmm) (Entered: 02/23/2023)
2023-02-23	110	REPLY to Response to Motion filed by United States Army Corps of Engineers re 91 MOTION for Summary Judgment . (mmm) (Entered: 02/23/2023)
2023-03-13	111	NOTICE by All Plaintiffs Introduction of Student Attorney . (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Godshall, Lauren) (Entered: 03/13/2023)
2023-03-13	112	EXPARTE/CONSENT MOTION for Leave to File Reply in Support of Plaintiffs' Motion for Leave to Amend Complaint by Atchafalaya Basinkeeper, Inc., Healthy Gulf, Louisiana Crawfish Producers Association - West. (Attachments: # 1 Proposed Order, # 2 Proposed Pleading)(Godshall, Lauren) (Entered: 03/13/2023)
2023-03-13	113	EXPARTE/CONSENT MOTION for Leave to File Reply in Support of Plaintiffs' Motion for Summary Judgment by Atchafalaya Basinkeeper, Inc., Healthy Gulf, Louisiana Crawfish Producers Association - West. (Attachments: # 1 Proposed Order, # 2 Proposed Pleading)(Godshall, Lauren) (Entered: 03/13/2023)
2023-03-16	114	ORDER granting 112 Motion for Leave to File Reply. Signed by Judge Jay C. Zainey on 03/15/2023. (js) (Entered: 03/16/2023)
2023-03-16	115	REPLY to Response to Motion filed by Atchafalaya Basinkeeper, Inc., Healthy Gulf, Louisiana Crawfish Producers Association - West re 99 MOTION for Leave to File Second Amended Complaint . (js) (Entered: 03/16/2023)
2023-03-16	116	ORDER granting 113 Motion for Leave to File Reply. Signed by Judge Jay C. Zainey on 03/15/2023. (js) (Entered: 03/16/2023)
2023-03-16	117	REPLY to Response to Motion filed by United States Army Corps of Engineers re 102 MOTION for Summary Judgment . (js) (Entered: 03/16/2023)
2023-06-08	118	ORDER TRANSFERRING CASE. Case transferred to Judge Darrel James Papillion. Judge Jay C. Zainey no longer assigned to case. Signed by Chief Judge Nannette Jolivette Brown on 6/8/2023.(mmm) (Entered: 06/08/2023)
2024-09-25	119	ORDER that 99 Motion for Leave to File Second Amended Complaint is denied, with written reasons to follow. FURTHER ORDERED that Plaintiff's 102 Motion for Summary Judgment is denied, with written reasons to follow. FURTHER ORDERED that USACE's 91 Motion for Summary Judgment is granted, with written reasons to follow. Signed by Judge Darrel James Papillion on 09/25/2024. (ko) (Entered: 09/25/2024)
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