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Case TitleCENTER FOR BIOLOGICAL DIVERSITY v. U.S. OFFICE OF MANAGEMENT AND BUDGET, et al.
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2023cv00462
Date Filed2023-02-21
Date Closed2024-02-27
JudgeJudge Royce C. Lamberth
PlaintiffCENTER FOR BIOLOGICAL DIVERSITY
Case DescriptionThe Center for Biological Diversity submitted a FOIA request to OMB for records mentioning or including the Office of Information and Regulatory Affairs' implementation Section (a)(1) of the Endangered Species Act. The agency acknowledged receipt of the request but after hearing nothing further from the agency, CBD filed suit.
Complaint issues: Adequacy - Search, Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantOFFICE OF MANAGEMENT AND BUDGET
DefendantOFFICE OF INFORMATION AND REGULATORY AFFAIRS
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2023-02-211COMPLAINT against All Defendants ( Filing fee $ 402 receipt number ADCDC-9871746) filed by CENTER FOR BIOLOGICAL DIVERSITY. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Summons)(Snape, William) Modified on 3/13/2023 to correct docket entry text (zsl). (Entered: 02/21/2023)
2023-02-212LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by CENTER FOR BIOLOGICAL DIVERSITY (Snape, William) (Entered: 02/21/2023)
2023-02-21Case Assigned to Judge Royce C. Lamberth. (zcb) (Entered: 02/21/2023)
2023-02-213SUMMONS (4) Issued Electronically as to All Defendants, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(zcb) (Entered: 02/21/2023)
2023-04-304RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 4/20/2023. Answer due for ALL FEDERAL DEFENDANTS by 5/20/2023. (Attachments: # 1 Certificate of Service Reverse Side of USA Card, # 2 Certificate of Service Defendant OMB, # 3 Certificate of Service Defendant OIRA, # 4 Certificate of Service US Attorney General)(Snape, William) (Entered: 04/30/2023)
2023-05-195NOTICE re 4 Second Notice of Service of Process and Temporary Counsel Unavailability by CENTER FOR BIOLOGICAL DIVERSITY (Attachments: # 1 Exhibit, # 2 Exhibit)(Snape, William) Modified to add link on 5/19/2023 (znmw). (Entered: 05/19/2023)
2023-05-226NOTICE of Appearance by Derek S. Hammond on behalf of All Defendants (Hammond, Derek) (Entered: 05/22/2023)
2023-05-277ENTERED IN ERROR.....ANSWER to Complaint by OFFICE OF INFORMATION AND REGULATORY AFFAIRS, OFFICE OF MANAGEMENT AND BUDGET.(Hammond, Derek) Modified on 5/30/2023; refiled as docket entry 8 . (znmw). (Entered: 05/27/2023)
2023-05-278ANSWER to Complaint (corrected) by OFFICE OF INFORMATION AND REGULATORY AFFAIRS, OFFICE OF MANAGEMENT AND BUDGET. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Hammond, Derek) (Entered: 05/27/2023)
2023-05-279Consent MOTION for Extension of Time to File Answer Nunc Pro Tunc by OFFICE OF INFORMATION AND REGULATORY AFFAIRS, OFFICE OF MANAGEMENT AND BUDGET. (Attachments: # 1 Text of Proposed Order)(Hammond, Derek) (Entered: 05/27/2023)
2023-05-3110ORDER granting Motion 9 to Enlarge Time Nunc Pro Tunc . Signed by Judge Royce C. Lamberth on 05/30/2023. (lcrcl2) (Entered: 05/31/2023)
2023-06-0111ORDER: Local Rule 16.3(b)(10) exempts parties to a FOIA action from typical scheduling order requirements. Instead, the government has the burden to produce a Vaughn index with a supporting dispositive motion. The Court therefore ORDERS the government to file the index and supporting motion within 30 days. Signed by Judge Royce C. Lamberth on 06/01/2023. (lcrcl2) (Entered: 06/01/2023)
2023-06-2912Consent MOTION to Vacate by OFFICE OF INFORMATION AND REGULATORY AFFAIRS, OFFICE OF MANAGEMENT AND BUDGET. (Attachments: # 1 Text of Proposed Order)(Hammond, Derek) (Entered: 06/29/2023)
2023-06-3013ORDER granting Motion 12 to Vacate. Joint Status Report due by 7/28/2023. Signed by Judge Royce C. Lamberth on 6/30/2023. (lcrcl2) (Entered: 06/30/2023)
2023-07-0614NOTICE OF SUBSTITUTION OF COUNSEL by Patricia K. McBride on behalf of All Defendants Substituting for attorney DERREK HAMMOND (McBride, Patricia) (Entered: 07/06/2023)
2023-07-2815Joint STATUS REPORT by OFFICE OF INFORMATION AND REGULATORY AFFAIRS, OFFICE OF MANAGEMENT AND BUDGET. (McBride, Patricia) (Entered: 07/28/2023)
2023-07-3116ORDER: Joint Status Report due by 9/15/2023. Signed by Judge Royce C. Lamberth on 7/28/2023. (lcrcl2) (Entered: 07/31/2023)
2023-09-1317Joint STATUS REPORT by OFFICE OF INFORMATION AND REGULATORY AFFAIRS, OFFICE OF MANAGEMENT AND BUDGET. (McBride, Patricia) (Entered: 09/13/2023)
2023-11-1418Joint STATUS REPORT by OFFICE OF INFORMATION AND REGULATORY AFFAIRS, OFFICE OF MANAGEMENT AND BUDGET. (McBride, Patricia) (Entered: 11/14/2023)
2023-11-1719ORDER: Joint Status Report due by 1/18/2024. Signed by Judge Royce C. Lamberth on 11/16/2023. (lcrcl2) (Entered: 11/17/2023)
2024-01-1720Joint STATUS REPORT by OFFICE OF INFORMATION AND REGULATORY AFFAIRS, OFFICE OF MANAGEMENT AND BUDGET. (McBride, Patricia) (Entered: 01/17/2024)
2024-01-1821ORDER: Joint Status Report due by 3/1/2024. Signed by Judge Royce C. Lamberth on 1/18/2024. (lcrcl2) (Entered: 01/18/2024)
2024-02-2722STIPULATION of Dismissal by OFFICE OF INFORMATION AND REGULATORY AFFAIRS, OFFICE OF MANAGEMENT AND BUDGET. (McBride, Patricia) (Entered: 02/27/2024)
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