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Case TitleFriends of Animals v. National Marine Fisheries Service et al
DistrictDistrict of Colorado
CityDenver
Case Number1:2023cv00809
Date Filed2023-03-30
Date Closed2023-05-17
JudgeMagistrate Judge Kristen L. Mix
PlaintiffFriends of Animals
Case DescriptionFriends of Animals submitted a FOIA request to the National Marine Fisheries Service and the Animal and Plant Health Inspection Service for records concerning the deaths of Beluga whales at the Mystic Aquarium. Both agencies acknowledged receipt of the requests. NMFS about 250 records, withholding some under Exemption 4 (commercial and confidential) and Exemption 5 (privileges). It also referred 333 records to APHIS. APHIS withheld all the referred records under Exemption 7 (A) (interference with ongoing investigation or proceeding). Friends of Animals filed administrative appeals to both agencies. NMFS did not respond while APHIS upheld its decision except for records already posted on its website. After hearing nothing further from either agency, Friends of Animals filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantNational Marine Fisheries Service an agency of the United States
DefendantAnimal and Plant Health Inspection 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
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2023-03-301COMPLAINT against All Defendants (Filing fee $ 402,Receipt Number ACODC-9020433)Attorney Stephen Russel Hernick added to party Friends of Animals(pty:pla), filed by Friends of Animals. (Attachments: # 1 Civil Cover Sheet, # 2 Summons AG, # 3 Summons US Attorney, # 4 Summons NMFS, # 5 Summons APHIS)(Hernick, Stephen) (Entered: 03/30/2023)
2023-03-302Case assigned to Magistrate Judge Kristen L. Mix. Text Only Entry (norlin, ) (Entered: 03/30/2023)
2023-03-303SUMMONS issued by Clerk. (Attachments: # 1 Summons, # 2 Summons, # 3 Summons, # 4 Magistrate Judge Consent Form) (norlin, ) (Entered: 03/30/2023)
2023-04-184NOTICE of Entry of Appearance by Thomas Alan Isler on behalf of Animal and Plant Health Inspection Service, National Marine Fisheries ServiceAttorney Thomas Alan Isler added to party Animal and Plant Health Inspection Service(pty:dft), Attorney Thomas Alan Isler added to party National Marine Fisheries Service(pty:dft) (Isler, Thomas) (Entered: 04/18/2023)
2023-05-015SUMMONS Returned Executed upon defendant(s) Animal and Plant Health Inspection Service served on 4/7/2023, answer due 6/6/2023; National Marine Fisheries Service served on 4/7/2023, answer due 6/6/2023. (Hernick, Stephen) (Entered: 05/01/2023)
2023-05-026REASSIGNING MAGISTRATE JUDGE. This action is reassigned to Magistrate Judge Susan Prose upon her appointment. All future pleadings should reference Magistrate Judge Prose at the beginning of the civil action number (such as 23-cv-00809-SP). Unless otherwise ordered, the dates and times for all previously scheduled matters will be maintained and will now be handled by Magistrate Judge Prose in Courtroom C-205. Her chambers are located in Room C-254 of the Byron G. Rogers Courthouse. Her telephone number is 303-335-2722. (Text only entry) (agarc, ) (Entered: 05/02/2023)
2023-05-057STIPULATION for Extension of Time to Answer or Respond to the Complaint by Defendants Animal and Plant Health Inspection Service, National Marine Fisheries Service. Animal and Plant Health Inspection Service answer due 5/12/2023; National Marine Fisheries Service answer due 5/12/2023. (Isler, Thomas) (Entered: 05/05/2023)
2023-05-088ORDER OF RECUSAL by US Magistrate Judge Susan Begesse Prose on 05/08/2023. IT IS ORDERED that I recuse myself from further service in this matter; and The Clerk of the Court shall cause this case to be reassigned. (alave, ) (Entered: 05/09/2023)
2023-05-099CASE REASSIGNED pursuant to 8 Order of Recusal. This case is randomly reassigned Judge Robert E. Blackburn and drawn to Magistrate Judge Michael E. Hegarty. All future pleadings should be designated as 23-cv-00809-REB. (Text Only Entry) (alave, ) (Entered: 05/09/2023)
2023-05-0910MEMORANDUM RETURNING CASE by Senior Judge Blackburn. This case is randomly reassigned to Chief Judge Philip A. Brimmer and drawn to Magistrate Judge Michael E. Hegarty. All future pleadings should be designated as 23-cv-00809-PAB. (athom, ) (Entered: 05/09/2023)
2023-05-0911ORDER REFERRING CASE to Magistrate Judge Michael E. Hegarty for non-dispositive matters . Pursuant to 28 U.S.C. § 636(b)(1)(A) and (B) and Fed. R. Civ. P. 72(a) and (b), this case is referred to the assigned United States Magistrate Judge to (1) convene a scheduling conference under Fed. R. Civ. P. 16(b) and enter a scheduling order meeting the requirements of D.C.COLO.LCivR 16.2, (2) conduct such status conferences and issue such orders necessary for compliance with the scheduling order, including amendments or modifications of the scheduling order upon a showing of good cause, (3) hear and determine pretrial matters, including discovery and other non-dispositive motions, and (4) conduct a pretrial conference and enter a pretrial order. Court sponsored alternative dispute resolution is governed by D.C.COLO.LCivR 16.6. On the recommendation or informal request of the magistrate judge or on the request of the parties by motion, this court may direct the parties to engage in an early neutral evaluation, a settlement conference, or another alternative dispute resolution proceeding, by Chief Judge Philip A. Brimmer on 5/09/2023. Text Only Entry (pabsec, ) (Entered: 05/09/2023)
2023-05-0912REASSIGNING JUDGE. Due to the 8 Order of Recusal this action is returned to Magistrate Judge Kristen L. Mix. All future pleadings should be designated as 23-cv-00809-KLM. (Text Only Entry). (Text Only Entry) (agarc, ) (Entered: 05/09/2023)
2023-05-1013Joint MOTION to Transfer Case by Defendants Animal and Plant Health Inspection Service, National Marine Fisheries Service. (Isler, Thomas) (Entered: 05/10/2023)
2023-05-1014Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond re 1 Complaint, by Defendants Animal and Plant Health Inspection Service, National Marine Fisheries Service. (Isler, Thomas) (Entered: 05/10/2023)
2023-05-1115CONSENT to Jurisdiction of Magistrate Judge by Plaintiff Friends of Animals All parties consent.. (Hernick, Stephen) (Entered: 05/11/2023)
2023-05-1116MINUTE ORDER by Magistrate Judge Kristen L. Mix on May 11, 2023. This matter is before the Court on the Unopposed Motion for Extension of Time to Respond to the Complaint by Defendants 14 (the "Motion"). IT IS HEREBY ORDERED that the Motion 14 is GRANTED. The responsive pleading deadline is extended to either (1) twenty-one days after this matter is docketed in the District of Columbia if the Parties' Joint Motion to Transfer 13 is granted; or (2) if the Joint Motion to Transfer 13 is denied, seven days after such denial.(csarr, ) (Entered: 05/11/2023)
2023-05-1217ORDER OF REFERENCE. Pursuant to the consent of the parties to the jurisdiction of the magistrate judge [Docket No. 15 ], this case is referred to Magistrate Judge Kristen L. Mix for all purposes pursuant to 28 U.S.C. § 636(c). By Chief Judge Philip A. Brimmer on 5/12/2023. Text Only Entry. (jtorr, ) (Entered: 05/12/2023)
2023-05-1718ORDER OF TRANSFER by Magistrate Judge Kristen L. Mix on 05/17/2023. IT IS HEREBY ORDERED that the Joint Motion to Transfer Venue Pursuant to 28 U.S.C. § 1404 13 is granted. Pursuant to 28 U.S.C. § 1404(a), the Clerk of Court shall transfer this case to the United States District Court for the District of Columbia.(alave, ) (Entered: 05/17/2023)
2023-05-1719Interdistrict Transmittal of Documents via e-mail to InterdistrictTransfer_DCD@dcd.uscourts.gov. Text Only Entry. (alave, ) (Entered: 05/17/2023)
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by FOIA Project Staff
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