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Case TitleWILDERNESS WORKSHOP v. U.S. DEPARTMENT OF AGRICULTURE et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2021cv02108
Date Filed2021-08-05
Date ClosedOpen
JudgeJudge Jia M. Cobb
PlaintiffWILDERNESS WORKSHOP
Case DescriptionThe Wilderness Workshop submitted a FOIA request to U.S. Forest Service for records concerning the Berlaimont Estates Route Access EIS process. The agency acknowledged receipt of the request. After hearing nothing further from the agency, the Wilderness Workshop filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Vaughn index, Choice of format, Litigation - Attorney's fees

DefendantDEPARTMENT OF AGRICULTURE an agency of the United States
DefendantDEPARTMENT OF AGRICULTURE
DefendantU.S. DEPARTMENT OF AGRICULTURE
DefendantU.S. FOREST SERVICE
DefendantUSDA FOREST SERVICE
DefendantUSDA FOREST SERVICE an agency of the United States
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
Opinion/Order [30]
Opinion/Order [31]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2021-08-051COMPLAINT against All Plaintiffs ( Filing fee $ 402 receipt number ADCDC-8648941) filed by WILDERNESS WORKSHOP. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Summons, # 6 Exhibit)(Stills, Travis) (Entered: 08/05/2021)
2021-08-052LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by WILDERNESS WORKSHOP (Stills, Travis) (Entered: 08/05/2021)
2021-08-06Case Assigned to Judge Reggie B. Walton. (adh, ) (Entered: 08/06/2021)
2021-08-063SUMMONS (4) Issued Electronically as to DEPARTMENT OF AGRICULTURE, USDA FOREST SERVICE, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(adh, ) (Entered: 08/06/2021)
2021-08-164ENTERED IN ERROR.....RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. WILDERNESS WORKSHOP served on 8/16/2021, RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 8/16/2021. ( Answer due for ALL FEDERAL DEFENDANTS by 9/15/2021.) (Stills, Travis) Modified on 8/25/2021 (ztth). (Entered: 08/16/2021)
2021-08-25NOTICE OF ERROR re 4 Summons Returned Executed as to Federal Defendant; emailed to stills@eclawoffice.org, cc'd 0 associated attorneys -- The PDF file you docketed contained errors: 1. Please refile document, 2. with proof of delivery. Docket Entry 4 was entered in error. (ztth, ) (Entered: 08/25/2021)
2021-09-095NOTICE of Appearance by Blake Weiner on behalf of All Defendants (Weiner, Blake) (Entered: 09/09/2021)
2021-09-096NOTICE of Additional Proof of Service by WILDERNESS WORKSHOP re 4 Summons Returned Executed as to Federal Defendant,, Summons Returned Executed in FOIA as to U.S. Attorney, (Stills, Travis) (Entered: 09/09/2021)
2021-09-0912RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 8/16/2021. ( Answer due for ALL FEDERAL DEFENDANTS by 9/15/2021.) RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 8/16/2021. RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. FOREST SERVICE served on 8/25/2021. (See docket entry 6 to view document) (ztth); Modified on 9/20/2021 (ztth). (Entered: 09/20/2021)
2021-09-107GENERAL ORDER FOR CIVIL CASES BEFORE THE HONORABLE REGGIE B. WALTON. Signed by Judge Reggie B. Walton on September 10, 2021. (lcrbw3) (Entered: 09/10/2021)
2021-09-108MOTION for Extension of Time to File Answer re 1 Complaint, by U.S. DEPARTMENT OF AGRICULTURE, U.S. FOREST SERVICE. (Weiner, Blake) (Entered: 09/10/2021)
2021-09-109RESPONSE re 8 MOTION for Extension of Time to File Answer re 1 Complaint, filed by WILDERNESS WORKSHOP. (Stills, Travis) (Entered: 09/10/2021)
2021-09-1010REPLY to opposition to motion re 8 MOTION for Extension of Time to File Answer re 1 Complaint, filed by U.S. DEPARTMENT OF AGRICULTURE, U.S. FOREST SERVICE. (Weiner, Blake) (Entered: 09/10/2021)
2021-09-1511NOTICE of Appearance by Matthew Sandler on behalf of WILDERNESS WORKSHOP (Sandler, Matthew) (Entered: 09/15/2021)
2021-09-20MINUTE ORDER. Upon consideration of the defendants' 8 Motion for Extension of Time to Respond, and for good cause shown, it is hereby ORDERED that the motion is GRANTED. It is further ORDERED that, on or before October 15, 2021, the defendants shall answer or otherwise respond to the plaintiff's Complaint. The parties are advised that no further extensions to answer or otherwise respond to the plaintiff's Complaint will be granted absent extraordinary reasons. Signed by Judge Reggie B. Walton on September 20, 2021. (lcrbw3) (Entered: 09/20/2021)
2021-09-21Set/Reset Deadlines: Answer due by 10/15/2021, (hs) (Entered: 09/21/2021)
2021-10-1513ANSWER to Complaint by U.S. DEPARTMENT OF AGRICULTURE, U.S. FOREST SERVICE.(Weiner, Blake) (Entered: 10/15/2021)
2021-10-15MINUTE ORDER. To ensure the expeditious resolution of this action, and because this qualifies as an exempted case under Local Civil Rule 16.3(b), it is hereby ORDERED that, on or before November 15, 2021, the parties shall file a joint proposed briefing schedule governing further proceedings. Signed by Judge Reggie B. Walton on October 15, 2021. (lcrbw3) (Entered: 10/15/2021)
2021-10-16Set/Reset Deadlines: Joint Proposed Briefing Schedule due by 11/15/2021 (hs) (Entered: 10/16/2021)
2021-11-1514MOTION for Extension of Time to submit proposed briefing schedule by U.S. DEPARTMENT OF AGRICULTURE, U.S. FOREST SERVICE. (Weiner, Blake) (Entered: 11/15/2021)
2021-11-1515PROPOSED BRIEFING SCHEDULE by WILDERNESS WORKSHOP. (Stills, Travis) (Entered: 11/15/2021)
2021-11-16Case directly reassigned to Judge Jia M. Cobb. Judge Reggie B. Walton is no longer assigned to the case. (ztnr) (Entered: 11/16/2021)
2021-11-1616PROPOSED BRIEFING SCHEDULE by U.S. DEPARTMENT OF AGRICULTURE, U.S. FOREST SERVICE. (Weiner, Blake) (Entered: 11/16/2021)
2021-11-2217STATUS REPORT by U.S. DEPARTMENT OF AGRICULTURE, U.S. FOREST SERVICE. (Weiner, Blake) (Entered: 11/22/2021)
2021-12-10MINUTE ORDER re 16 Proposed Briefing Schedule filed by U.S. FOREST SERVICE, U.S. DEPARTMENT OF AGRICULTURE, 15 Proposed Briefing Schedule filed by WILDERNESS WORKSHOP: This case was recently reassigned to the undersigned judge. The Court has reviewed the Parties' Proposed Briefing Schedules and ORDERS the Parties to appear for a Status Conference on January 11, 2022, at 11:00 AM, at which it will set a briefing schedule for the Parties' summary judgment motions. The Status Conference will be on the record and conducted via telephone. The Court's Deputy Clerk will provide the information necessary to access the call. The Court further ORDERS the Parties to submit a new Joint Proposed Briefing Schedule by January 5, 2022. Signed by Judge Jia M. Cobb on December 10, 2021. (lcjmc2) (Entered: 12/10/2021)
2021-12-10MINUTE ORDER denying as moot 14 Motion for Extension of Time to submit proposed briefing schedule . Signed by Judge Jia M. Cobb on December 10, 2021. (lcjmc2) (Entered: 12/10/2021)
2022-01-0318PROPOSED BRIEFING SCHEDULE by WILDERNESS WORKSHOP. (Stills, Travis) (Entered: 01/03/2022)
2022-01-04MINUTE ORDER re 18 PROPOSED BRIEFING SCHEDULE by WILDERNESS WORKSHOP: The Court has reviewed the Parties' Proposed Briefing Schedule. It hereby ORDERS that Defendants' Summary Judgment Motion is due February 14, 2022; Plaintiff's Response to Summary Judgment and Plaintiff's Cross Motion for Summary Judgment is due March 14, 2022; Defendants' Reply in Support of Summary Judgment and Defendants' Response to Plaintiff's Cross Motion for Summary Judgment is due April 11, 2022; and Plaintiff's Reply in Support of Cross Motion for Summary Judgment is due May 9, 2022. The Court VACATES the Status Conference scheduled for January 11, 2022, at 11:00 AM. Signed by Judge Jia M. Cobb on January 4, 2022. (lcjmc3) (Entered: 01/04/2022)
2022-02-1419MOTION for Summary Judgment by U.S. DEPARTMENT OF AGRICULTURE, U.S. FOREST SERVICE. (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Exhibit 1, # 4 Exhibit A, # 5 Exhibit B, # 6 Exhibit C, # 7 Exhibit D, # 8 Exhibit 2, # 9 Exhibit 3)(Weiner, Blake) (Entered: 02/14/2022)
2022-03-0920Unopposed MOTION for Extension of Time to File Response/Reply as to 19 MOTION for Summary Judgment and Cross Motion for Summary Judgment by WILDERNESS WORKSHOP. (Attachments: # 1 Text of Proposed Order)(Stills, Travis) (Entered: 03/09/2022)
2022-03-09MINUTE ORDER granting 20 Unopposed Motion for Extension of Time to File Response/Reply as to 19 Motion for Summary Judgment and Cross Motion for Summary Judgment by WILDERNESS WORKSHOP: Upon Consideration of Plaintiff's Unopposed Motion for Extension of Time to File Response as to Motion for Summary Judgment and Cross Motion for Summary Judgment, it is ORDERED the motion is GRANTED. Plaintiff's response is due by March 18, 2022. Signed by Judge Jia M. Cobb on March 9, 2022. (lcjmc3) (Entered: 03/09/2022)
2022-03-10Set/Reset Deadlines: Response to Motion for Summary Judgment due by 3/18/2022. Cross Motions due by 3/18/2022. (zgdf) (Entered: 03/10/2022)
2022-03-1821RESPONSE re 19 MOTION for Summary Judgment filed by WILDERNESS WORKSHOP. (Attachments: # 1 Exhibit EIS Excerpt, # 2 Exhibit Partiall Release Letter, # 3 Exhibit Partial Release Website, # 4 Statement of Facts Response to Statement of Facts)(Stills, Travis) (Entered: 03/18/2022)
2022-03-1822Cross MOTION for Partial Summary Judgment by WILDERNESS WORKSHOP. (Attachments: # 1 Exhibit EIS Excerpt, # 2 Exhibit Partial Release Letter, # 3 Exhibit Partial Release Website, # 4 Statement of Facts Statement of Facts - Cross Motion SJ)(Stills, Travis) . (Entered: 03/18/2022)
2022-04-0623Joint MOTION for Extension of Time to Respond by U.S. DEPARTMENT OF AGRICULTURE, U.S. FOREST SERVICE. (Weiner, Blake) (Entered: 04/06/2022)
2022-04-07MINUTE ORDER granting 23 Joint MOTION for Extension of Time to Respond by U.S. DEPARTMENT OF AGRICULTURE, U.S. FOREST SERVICE: Upon consideration of 23 Motion for Extension of time, the Court hereby GRANTS the Motion. Defendants' Reply and Response to Plaintiff's Response and Cross-Motion for Summary Judgment is due by April 15, 2022, and Plaintiff's Reply is due by May 12, 2022. Signed by Judge Jia M. Cobb on April 7, 2022. (lcjmc3) (Entered: 04/07/2022)
2022-04-1524Memorandum in opposition to re 22 Cross MOTION for Partial Summary Judgment filed by U.S. DEPARTMENT OF AGRICULTURE, U.S. FOREST SERVICE. (Attachments: # 1 Statement of Facts Response to SOMF, # 2 Text of Proposed Order, # 3 Exhibit A, # 4 Exhibit B)(Weiner, Blake) (Entered: 04/15/2022)
2022-04-1525REPLY to opposition to motion re 21 Response to motion, filed by U.S. DEPARTMENT OF AGRICULTURE, U.S. FOREST SERVICE. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Weiner, Blake) (Entered: 04/15/2022)
2022-04-2826NOTICE OF SUBSTITUTION OF COUNSEL by Stephanie R. Johnson on behalf of U.S. DEPARTMENT OF AGRICULTURE, U.S. FOREST SERVICE Substituting for attorney Blake A. Weiner (Johnson, Stephanie) (Entered: 04/28/2022)
2022-05-1227REPLY to opposition 22 Cross MOTION for Partial Summary Judgment filed by WILDERNESS WORKSHOP. (Stills, Travis) Modified on 5/13/2022 to add docket link (zjf). (Entered: 05/12/2022)
2022-12-0828NOTICE OF SUBSTITUTION OF COUNSEL by John Bardo on behalf of U.S. DEPARTMENT OF AGRICULTURE, U.S. FOREST SERVICE Substituting for attorney Stephanie R. Johnson (Bardo, John) (Entered: 12/08/2022)
2022-12-0829NOTICE of Appearance by John Bardo on behalf of U.S. DEPARTMENT OF AGRICULTURE, U.S. FOREST SERVICE (Bardo, John) (Entered: 12/08/2022)
2023-09-0130MEMORANDUM AND OPINION re 19 Motion for Summary Judgment and 22 Cross-Motion for Partial Summary Judgment. See document for details. Signed by Judge Jia M. Cobb on September 1, 2023. (lcjmc3) (Entered: 09/01/2023)
2023-09-0131ORDER granting in part and denying in part 19 Motion for Summary Judgment, and denying 22 Cross-Motion for Partial Summary Judgment. See document for details. Signed by Judge Jia M. Cobb on September 1, 2023. (lcjmc3) (Entered: 09/01/2023)
2023-09-01MINUTE ORDER. Having resolved all pending Motions, and per the instructions of the Order posted on September 1, 2023, ECF 31, the Court ORDERS the Parties to jointly file, by October 2, 2023: (1) a status report that sets forth a list of the records that remain in dispute; and (2) a proposed schedule for further proceedings, including deadlines for the submission of any renewed dispositive motions, supplementary Vaughn indices, or supplementary declarations. Should the Parties be unable to agree on a joint schedule, the status report should include a brief description of each Party's proposal. Signed by Judge Jia M. Cobb on September 1, 2023. (lcjmc3) (Entered: 09/01/2023)
2023-10-0232Joint STATUS REPORT by WILDERNESS WORKSHOP. (Stills, Travis) (Entered: 10/02/2023)
2023-10-06MINUTE ORDER: Upon review of the Parties' Joint Status Report, the Court finds it reasonable to extend the deadlines. Since the deadlines are not much longer than Plaintiff requested, the Court cannot find the Plaintiff would be prejudiced. The Court ORDERS the Parties to submit a joint status report by November 1, 2023. The Defendants are ORDERED to provide Plaintiff an updated search declaration, an updated Vaughn Index, and any additional releases by November 17, 2023. The Court will determine the necessity of any further orders after receiving the Parties' status report. Signed by Judge Jia M. Cobb on October 6, 2023. (lcjmc3) (Entered: 10/06/2023)
2023-11-0133Joint STATUS REPORT by WILDERNESS WORKSHOP. (Stills, Travis) (Entered: 11/01/2023)
2023-11-06MINUTE ORDER: Upon review of the Parties' Joint Status Report, the Court ORDERS the Parties to submit a joint status report by November 30, 2023. Signed by Judge Jia M. Cobb on November 6, 2023. (lcjmc3) (Entered: 11/06/2023)
2023-11-3034Joint STATUS REPORT by U.S. DEPARTMENT OF AGRICULTURE, U.S. FOREST SERVICE. (Bardo, John) (Entered: 11/30/2023)
2023-12-04MINUTE ORDER: Upon consideration of the Parties' Joint Status Report 34 , the Court ORDERS the Parties to submit another Joint Status Report by December 8, 2023. Signed by Judge Jia M. Cobb on December 4, 2023. (lcjmc3) (Entered: 12/04/2023)
2023-12-0835Joint STATUS REPORT by U.S. DEPARTMENT OF AGRICULTURE, U.S. FOREST SERVICE. (Attachments: # 1 Exhibit, # 2 Exhibit)(Bardo, John) (Entered: 12/08/2023)
2023-12-11MINUTE ORDER: The Court has reviewed the Parties' Status Report 35 . The Parties are DIRECTED to confer and file another joint status report by January 11, 2024. If further proceedings are necessary, the Parties should propose a schedule in that JSR. Signed by Judge Jia M. Cobb on December 11, 2023. (lcjmc3) (Entered: 12/11/2023)
2024-01-1136Joint STATUS REPORT by WILDERNESS WORKSHOP. (Stills, Travis) (Entered: 01/11/2024)
2024-01-12MINUTE ORDER: Upon consideration of the Parties' 36 Joint Status Report, the Court hereby ORDERS the Parties to submit another Joint Status Report by May 1, 2024. If further proceedings are necessary, the Parties should propose a schedule in that JSR. Signed by Judge Jia M. Cobb on January 12, 2024. (lcjmc2) (Entered: 01/12/2024)
2024-05-0137Joint STATUS REPORT by U.S. DEPARTMENT OF AGRICULTURE, U.S. FOREST SERVICE. (Bardo, John) (Entered: 05/01/2024)
2024-05-02MINUTE ORDER: Upon consideration of the Parties' 37 joint status report, and for good cause shown, the Court hereby ORDERS that any additional briefing in this case be held in abeyance until summary judgment briefing is completed in case no. 22-cv-3606 because the proffers in that matter may allow for "resol[ution] [of] both cases without further involvement of the [C]ourt." ECF 37 para. 3. It is further ORDERED that the Parties shall file a joint status report by November 1, 2024. Signed by Judge Jia M. Cobb on May 2, 2024. (lcjmc2) (Entered: 05/02/2024)
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