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Case TitlePUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY v. UNITED STATES GEOLOGICAL SURVEY
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2022cv01245
Date Filed2022-05-05
Date Closed2023-02-24
JudgeJudge Carl J. Nichols
PlaintiffPUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY
Case DescriptionPublic Employees for Environmental Responsibility submitted three FOIA requests to U.S. Geological Survey for records concerning James Applegate's April 19, 2021 response to PEER Senior Counsel Peter Jenkins regarding a multi-NGO letter pertaining to the accreditation of USGS's wildlife disease laboratories. The agency acknowledged receipt of the requests but after hearing nothing further from the agency, PEER filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantUNITED STATES GEOLOGICAL SURVEY
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2022-05-051COMPLAINT against UNITED STATES GEOLOGICAL SURVEY ( Filing fee $ 402 receipt number ADCDC-9216668) filed by PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY. (Attachments: # 1 Civil Cover Sheet Civil Cover Sheet, # 2 Summons Summons for USGS, # 3 Summons Summons for US AG, # 4 Summons Summons for US Att DC)(Kingston, Hudson) (Entered: 05/05/2022)
2022-05-052LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY (Kingston, Hudson) (Entered: 05/05/2022)
2022-05-06Case Assigned to Judge Carl J. Nichols. (zmh) (Entered: 05/06/2022)
2022-05-063SUMMONS (3) Issued Electronically as to UNITED STATES GEOLOGICAL SURVEY, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(zmh) (Entered: 05/06/2022)
2022-05-124STANDING ORDER. Signed by Judge Carl J. Nichols on May 12, 2022. (lccjn2) (Entered: 05/12/2022)
2022-05-195CERTIFICATE OF SERVICE by PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY . (Kingston, Hudson) (Entered: 05/19/2022)
2022-05-197RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY served on 5/18/2022, RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 5/13/2022., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 5/9/2022. ( Answer due for ALL FEDERAL DEFENDANTS by 6/8/2022.) (See Docket Entry 5 to view document). (zeg) (Entered: 05/26/2022)
2022-05-206NOTICE of Appearance by Marsha Wellknown Yee on behalf of UNITED STATES GEOLOGICAL SURVEY (Yee, Marsha) (Entered: 05/20/2022)
2022-05-26NOTICE OF ERROR re 5 Certificate of Service; emailed to hkingston@peer.org, cc'd 7 associated attorneys -- The PDF file you docketed contained errors: 1. Notice of Corrected Docket Entry: Your entry has been modified as a courtesy. Please note the appropriate reminders for future filings; do not refile document, 2. Incorrect event used (zeg, ) (Entered: 05/26/2022)
2022-06-088ANSWER to Complaint by UNITED STATES GEOLOGICAL SURVEY.(Yee, Marsha) (Entered: 06/08/2022)
2022-06-10MINUTE ORDER. Before the Court in this Freedom of Information Act case are a Complaint and an Answer. Pursuant to Local Civil Rule 16.3, the requirements of Federal Rule of Civil Procedure 26(f) are inapplicable. It is hereby ORDERED that the Parties shall confer and file a Joint Status Report on or before July 8, 2022. The Joint Status Report shall address: (1) the status of Plaintiff's FOIA requests; (2) the anticipated number of documents responsive to Plaintiff's FOIA request; (3) the anticipated date(s) for release of the documents requested by Plaintiff; (4) whether a motion for stay is likely under Open America v. Watergate Special Prosecution Force, 547 F.2d 605 (D.C. Cir. 1976); (5) the possibility of prioritizing documents responsive to Plaintiff's requests and any discussions regarding whether Plaintiff's requests can be narrowed; and (6) whether the Parties anticipate summary judgment briefing and, if so, a proposed briefing schedule. Signed by Judge Carl J. Nichols on June 10, 2022. (lccjn2) (Entered: 06/10/2022)
2022-06-10Set/Reset Deadlines: Joint Status Report due by 7/8/2022. (zcal) (Entered: 06/13/2022)
2022-07-079Joint STATUS REPORT by UNITED STATES GEOLOGICAL SURVEY. (Yee, Marsha) (Entered: 07/07/2022)
2022-07-08MINUTE ORDER. Upon review of the 9 Joint Status Report, it is ORDERED that the Parties shall file an updated Joint Status Report on or before October 6, 2022. Signed by Judge Carl J. Nichols on July 8, 2022. (lccjn2) (Entered: 07/08/2022)
2022-07-08Set/Reset Deadlines: Joint Status Report due by 10/6/2022. (zcal) (Entered: 07/11/2022)
2022-10-0610Joint STATUS REPORT by UNITED STATES GEOLOGICAL SURVEY. (Yee, Marsha) (Entered: 10/06/2022)
2022-10-11MINUTE ORDER. Upon review of the 10 Joint Status Report, it is ORDERED that the Parties shall file an additional joint status report on or before November 17, 2022, and every 60 days thereafter until either party moves for a briefing schedule for dispositive motions, files a dispositive motion, or the case is terminated. Signed by Judge Carl J. Nichols on October 11, 2022. (lccjn2) (Entered: 10/11/2022)
2022-10-11Set/Reset Deadlines: Joint Status Report due by 11/17/2022. (zcal) (Entered: 10/12/2022)
2022-11-1711Joint STATUS REPORT by UNITED STATES GEOLOGICAL SURVEY. (Yee, Marsha) (Entered: 11/17/2022)
2023-01-1312Joint STATUS REPORT by UNITED STATES GEOLOGICAL SURVEY. (Yee, Marsha) (Entered: 01/13/2023)
2023-02-2413STIPULATION of Dismissal by UNITED STATES GEOLOGICAL SURVEY. (Yee, Marsha) (Entered: 02/24/2023)
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