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Case TitleCENTER FOR BIOLOGICAL DIVERSITY v. UNITED STATES FOREST SERVICE
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2023cv00928
Date Filed2023-04-05
Date ClosedOpen
JudgeJudge Dabney L. Friedrich
PlaintiffCENTER FOR BIOLOGICAL DIVERSITY
Case DescriptionThe Center for Biological Diversity submitted a FOIA request to U.S. Forest Service for records concerning the appraisal for the proposed Oak Flat land exchange in southwestern Arizona. The agency acknowledged receipt but after hearing nothing further from the agency, CBD filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Attorney's fees

DefendantUNITED STATES FOREST SERVICE
DefendantRESOLUTION COPPER MINING, LLC
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

2023-04-051COMPLAINT against UNITED STATES FOREST SERVICE ( Filing fee $ 402 receipt number ADCDC-9977201) filed by CENTER FOR BIOLOGICAL DIVERSITY. (Attachments: # 1 Civil Cover Sheet, # 2 Summons U.S. Forest Service, # 3 Summons U.S. Attorney General, # 4 Summons U.S. Attorney's Office, District of Columbia)(Snape, William) (Entered: 04/05/2023)
2023-04-052LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by CENTER FOR BIOLOGICAL DIVERSITY (Snape, William) (Entered: 04/05/2023)
2023-04-06Case Assigned to Judge Dabney L. Friedrich. (zsl) (Entered: 04/06/2023)
2023-04-063SUMMONS (3) Issued Electronically as to UNITED STATES FOREST SERVICE, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(zsl) (Entered: 04/06/2023)
2023-04-064STANDARD ORDER for Civil Cases. See text for details. Signed by Judge Dabney L. Friedrich on April 6, 2023. (lcdlf3) (Entered: 04/06/2023)
2023-04-105MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Marc D. Fink, Filing fee $ 100, receipt number ADCDC-9988217. Fee Status: Fee Paid. by CENTER FOR BIOLOGICAL DIVERSITY. (Attachments: # 1 Declaration)(Snape, William) (Entered: 04/10/2023)
2023-04-10MINUTE ORDER granting plaintiff's 5 Motion for Admission of Marc D. Fink to Appear Pro Hac Vice. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). Click for instructions. So Ordered by Judge Dabney L. Friedrich on April 10, 2023. (lcdlf3) (Entered: 04/10/2023)
2023-04-106NOTICE of Appearance by Marc D. Fink on behalf of CENTER FOR BIOLOGICAL DIVERSITY (Fink, Marc) (Entered: 04/10/2023)
2023-04-197ENTERED IN ERROR.....RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 4/17/2023. Answer due for ALL FEDERAL DEFENDANTS by 5/17/2023. (Fink, Marc) Modified on 4/19/2023 (zjm). (Entered: 04/19/2023)
2023-04-198RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 4/19/2023. Answer due for ALL FEDERAL DEFENDANTS by 5/19/2023. (Fink, Marc) (Entered: 04/19/2023)
2023-04-199RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 04/17/23. (Fink, Marc) (Entered: 04/19/2023)
2023-04-1910RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES FOREST SERVICE served on 4/14/2023 (Fink, Marc) (Entered: 04/19/2023)
2023-05-1811Unopposed MOTION for Extension of Time to File Answer re 1 Complaint, by UNITED STATES FOREST SERVICE. (Attachments: # 1 Text of Proposed Order)(Walker, Anna) (Entered: 05/18/2023)
2023-05-18MINUTE ORDER granting the defendant's unopposed 11 Motion to Extend Time. The defendant shall answer, move to dismiss, or otherwise respond to the plaintiff's complaint on or before June 20, 2023. So Ordered by Judge Dabney L. Friedrich on May 18, 2023. (lcdlf3) (Entered: 05/18/2023)
2023-05-18Set/Reset Deadlines: Answer due by 6/20/2023, (zjch, ) (Entered: 05/19/2023)
2023-06-2012ANSWER to Complaint by UNITED STATES FOREST SERVICE.(Walker, Anna) (Entered: 06/20/2023)
2023-06-21MINUTE ORDER requiring the parties to MEET AND CONFER and file a joint status report proposing a schedule for further proceedings. The status report should address the status of the plaintiff's FOIA request, including the anticipated number of documents responsive to the request and the anticipated date(s) for release of the requested documents. The parties shall file the joint status report on or before July 5, 2023. So Ordered by Judge Dabney L. Friedrich on June 21, 2023. (lcdlf3) (Entered: 06/21/2023)
2023-06-21Set/Reset Deadlines: Status Report due by 7/5/2023 (zjch, ) (Entered: 06/21/2023)
2023-06-2913AMENDED COMPLAINT against UNITED STATES FOREST SERVICE filed by CENTER FOR BIOLOGICAL DIVERSITY.(Fink, Marc) (Entered: 06/29/2023)
2023-06-3014Joint STATUS REPORT by UNITED STATES FOREST SERVICE. (Walker, Anna) (Entered: 06/30/2023)
2023-07-03MINUTE ORDER. Upon consideration of the parties' 14 Joint Status Report, it is ORDERED that the parties shall file another joint status report on or before August 18, 2023. So Ordered by Judge Dabney L. Friedrich on July 3, 2023. (lcdlf3) (Entered: 07/03/2023)
2023-07-03Set/Reset Deadlines: Status Report due by 8/18/2023 (zjch, ) (Entered: 07/03/2023)
2023-07-1315ANSWER to 13 Amended Complaint by UNITED STATES FOREST SERVICE.(Walker, Anna) (Entered: 07/13/2023)
2023-08-1816Joint STATUS REPORT by UNITED STATES FOREST SERVICE. (Walker, Anna) (Entered: 08/18/2023)
2023-08-18MINUTE ORDER. Upon consideration of the parties' 16 Joint Status Report, it is ORDERED that the parties shall file another joint status report on or before September 18, 2023. So Ordered by Judge Dabney L. Friedrich on August 18, 2023. (lcdlf3) (Entered: 08/18/2023)
2023-08-18Set/Reset Deadlines: Status Report due by 9/18/2023 (zjch, ) (Entered: 08/21/2023)
2023-09-1817Joint STATUS REPORT by UNITED STATES FOREST SERVICE. (Walker, Anna) (Entered: 09/18/2023)
2023-10-1818Joint STATUS REPORT by UNITED STATES FOREST SERVICE. (Walker, Anna) (Entered: 10/18/2023)
2023-10-19MINUTE ORDER. Upon consideration of the parties' 18 Joint Status Report, it is ORDERED that the parties shall file another joint status report on or before November 30, 2023. So Ordered by Judge Dabney L. Friedrich on October 19, 2023. (lcdlf3) (Entered: 10/19/2023)
2023-11-3019Unopposed MOTION for Extension of Time to File Joint Status Report by UNITED STATES FOREST SERVICE. (Attachments: # 1 Text of Proposed Order)(Walker, Anna) (Entered: 11/30/2023)
2023-12-01MINUTE ORDER granting 19 Motion for Extension of Time. The parties shall file their joint status report today. So Ordered by Judge Dabney L. Friedrich on December 1, 2023. (lcdlf3) (Entered: 12/01/2023)
2023-12-0120Joint STATUS REPORT by UNITED STATES FOREST SERVICE. (Attachments: # 1 Plaintiff's Proposed Order, # 2 Defendant's Proposed Order)(Walker, Anna) (Entered: 12/01/2023)
2023-12-04MINUTE ORDER. Upon consideration of the parties' 20 Joint Status Report, the Court orders the parties to file another status report on or before January 15, 2024. The parties shall jointly propose a briefing schedule for the Court's consideration at that time. So Ordered by Judge Dabney L. Friedrich on December 4, 2023. (lcdlf3) (Entered: 12/04/2023)
2024-01-1221Unopposed MOTION for Extension of Time to file Joint Status Report by UNITED STATES FOREST SERVICE. (Attachments: # 1 Text of Proposed Order)(Walker, Anna) (Entered: 01/12/2024)
2024-01-12MINUTE ORDER granting the defendant's 21 Unopposed Motion for Extension of Time. The parties shall file their joint status report on or before January 22, 2024. So ordered by Judge Dabney L. Friedrich on January 12, 2024. (lcdlf3) (Entered: 01/12/2024)
2024-01-2222Joint STATUS REPORT by UNITED STATES FOREST SERVICE. (Attachments: # 1 Plaintiff's Proposed Order, # 2 Defendant's Proposed Order)(Walker, Anna) (Entered: 01/22/2024)
2024-01-23MINUTE ORDER. Upon consideration of the parties' 22 joint status report, the Court ORDERS that the parties shall adhere to the following briefing schedule: the defendant shall move for summary judgment on or before May 24, 2024; the plaintiff shall file its combined opposition and cross-motion for summary judgment on or before July 12, 2024; the defendant shall file its combined response and reply on or before August 23, 2024; and the plaintiff shall file its reply on or before September 27, 2024. Further, the parties shall file a joint status report on or before April 19, 2024 that apprises the Court of the status of the defendant's remaining releases. So ordered by Judge Dabney L. Friedrich on January 23, 2024. (lcdlf3) (Entered: 01/23/2024)
2024-01-23Set/Reset Deadlines: Cross Motions due by 7/12/2024. Response to Cross Motions due by 8/23/2024. Reply to Cross Motions due by 9/27/2024. Status Report due by 4/19/2024. Summary Judgment motions due by 5/24/2024. Response to Motion for Summary Judgment due by 7/12/2024. Reply to Motion for Summary Judgment due by 8/23/2024. (zjch, ) (Entered: 01/24/2024)
2024-03-2923NOTICE of Appearance by Michael Robert Huston on behalf of Resolution Cooper Mining, LLC (Huston, Michael) (Entered: 03/29/2024)
2024-03-2924LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by Resolution Cooper Mining, LLC (Huston, Michael) (Entered: 03/29/2024)
2024-03-2925MOTION to Intervene by Resolution Cooper Mining, LLC. (Attachments: # 1 Exhibit A, Proposed Answer, # 2 Exhibit B, Proposed Order)(Huston, Michael) (Entered: 03/29/2024)
2024-03-2926MEMORANDUM re 25 MOTION to Intervene filed by Resolution Cooper Mining, LLC by Resolution Cooper Mining, LLC. (Huston, Michael) (Entered: 03/29/2024)
2024-03-2927NOTICE of Appearance by Stacey Bosshardt on behalf of Resolution Cooper Mining, LLC (Bosshardt, Stacey) (Entered: 03/29/2024)
2024-04-01MINUTE ORDER directing the parties to file on or before April 8, 2024, any opposition to Resolution Cooper Mining, LLC's 25 Motion to Intervene under Rules 24(a) and 24(b) of the Federal Rules of Civil Procedure. So Ordered by Judge Dabney L. Friedrich on April 1, 2024. (lcdlf3) (Entered: 04/01/2024)
2024-04-0428NOTICE of No Position by UNITED STATES FOREST SERVICE re 25 Motion to Intervene (Walker, Anna) (Entered: 04/04/2024)
2024-04-0829RESPONSE re 25 MOTION to Intervene filed by CENTER FOR BIOLOGICAL DIVERSITY. (Snape, William) (Entered: 04/08/2024)
2024-04-0930MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Samantha Burke, Filing fee $ 100, receipt number ADCDC-10816118. Fee Status: Fee Paid. by RESOLUTION COPPER MINING, LLC. (Attachments: # 1 Declaration Samantha Burke Declaration for Pro Hac Vice Admission, # 2 Exhibit Certificate of Good Standing, # 3 Text of Proposed Order Proposed Order)(Bosshardt, Stacey) (Entered: 04/09/2024)
2024-04-10ORDER granting 30 Motion for Leave to Appear Pro Hac Vice. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). Click for instructions. So ordered by Judge Dabney L. Friedrich on April 10, 2024. (lcdlf3) (Entered: 04/10/2024)
2024-04-15MINUTE ORDER granting the intervenor Resolution Cooper Mining, LLC's 25 Motion to Intervene under Rule 24(a) of the Federal Rules of Civil Procedure. The intervenor has satisfied the requirements for intervention as of right. Fed. R. Civ. P. 24(a); see 100 Reporters LLC v. Dep't of Justice , 307 F.R.D. 269, 274 (D.D.C. 2014). The motion to intervene is timely and will not unduly delay this litigation; the intervenor has an interest in its own financial and commercial information, which is the subject of this action; this litigation threatens the intervenor's ability to protect that interest because its information may be disclosed if the government loses; and the government does not necessarily fully represent the intervenors interest because the government's obligation is to the American people, not the intervenor. See id. at 274-282. Further, the intervenor has Article III standing with respect to its interest in any documents withheld under Exemption 4, concerning confidential commercial information. WildEarth Guardians v. Salazar , 272 F.R.D. 4, 13 n.5 (D.D.C. 2010). Accordingly, the Resolution Cooper Mining, LLC may intervene in this suit to protect its interest in the Exemption 4 withholdings only. The intervenor shall file any summary judgment brief on or before June 7, 2024, and any reply on or before September 27, 2024. The intervenor shall also confer with the other parties for purposes of the joint status report due on or before April 19, 2024. The briefing schedule is otherwise unchanged. So ordered by Judge Dabney L. Friedrich on April 15, 2024. (lcdlf3) (Entered: 04/15/2024)
2024-04-1931Joint STATUS REPORT by UNITED STATES FOREST SERVICE. (Walker, Anna) (Entered: 04/19/2024)
2024-05-2332Unopposed MOTION for Extension of Time to File Summary Judgment Brief, and , Unopposed MOTION to Modify Briefing Schedule by UNITED STATES FOREST SERVICE. (Attachments: # 1 Text of Proposed Order)(Walker, Anna) (Entered: 05/23/2024)
2024-05-23MINUTE ORDER granting the defendant's 32 Unopposed Motion for Extension of Time. The following schedule shall govern proceedings: the defendant shall move for summary judgment on or before July 23, 2024; the intervenor shall file any summary judgment brief on or before August 6, 2024; the plaintiff shall file its combined opposition and cross-motion for summary judgment on or before September 10, 2024; the defendant shall file its combined response and reply on or before October 22, 2024; the intervenor shall file its reply on or before November 12, 2024; and the plaintiff shall file its reply on or before November 26, 2024. So ordered by Judge Dabney L. Friedrich on May 23, 2024. (lcdlf3) (Entered: 05/23/2024)
2024-05-23Set/Reset Deadlines: Brief due by 8/6/2024. Cross Motions due by 9/10/2024. Response to Cross Motions due by 10/22/2024. Reply to Cross Motions due by 11/26/2024. Intervenor Reply due by 11/12/2024. Summary Judgment motions due by 7/23/2024. Response to Motion for Summary Judgment due by 9/10/2024. Reply to Motion for Summary Judgment due by 10/22/2024. (zjch, ) (Entered: 05/28/2024)
2024-07-2133Unopposed MOTION for Extension of Time to file Summary Judgment , Unopposed MOTION to Modify Briefing Schedule by UNITED STATES FOREST SERVICE. (Attachments: # 1 Text of Proposed Order)(Walker, Anna) (Entered: 07/21/2024)
2024-07-21MINUTE ORDER granting the defendant's 33 Unopposed Motion for Extension of Time. The following schedule shall govern further proceedings: the defendant shall move for summary judgment on or before August 20, 2024; the intervenor shall file any summary judgment brief on or before September 10, 2024; the plaintiff shall file its combined opposition and cross-motion for summary judgment on or before October 8, 2024; the defendant shall file its combined response and reply due on or before November 5, 2024; the intervenor shall file its reply on or before December 3, 2024; and the plaintiff shall file its reply on or before December 17, 2024. So ordered by Judge Dabney L. Friedrich on July 21, 2024. (lcdlf3) (Entered: 07/21/2024)
2024-07-21Set/Reset Deadlines: Cross Motions due by 10/8/2024. Response to Cross Motions due by 11/5/2024. Reply to Cross Motions due by 12/3/2024. (zjch, ) (Entered: 07/22/2024)
2024-08-1934Unopposed MOTION for Extension of Time to file Summary Judgment , Unopposed MOTION to Modify Briefing Schedule by UNITED STATES FOREST SERVICE. (Attachments: # 1 Text of Proposed Order)(Walker, Anna) (Entered: 08/19/2024)
2024-08-20MINUTE ORDER granting the defendant's 34 Unopposed Motion to Extend Time and Modify Briefing Schedule. It is ORDERED that the following schedule shall govern further proceedings: the defendant shall file its motion for summary judgment on or before August 22, 2024; the intervenor shall file any summary judgment brief on or before September 12, 2024; the plaintiff shall file its combined opposition and cross-motion for summary judgment on or before October 10, 2024; the defendant shall file its combined response and reply due on or before November 7, 2024; the intervenor shall file its reply on or before December 5, 2024; and the plaintiff shall file its reply on or before December 19, 2024. So ordered by Judge Dabney L. Friedrich on August 20, 2024. (lcdlf3) (Entered: 08/20/2024)
2024-08-2235MOTION for Summary Judgment by UNITED STATES FOREST SERVICE. (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Declaration of Margaret Scofield, # 4 Scofield Decl. Exhibits 1-9, # 5 Text of Proposed Order)(Walker, Anna) (Entered: 08/22/2024)
2024-09-1236MOTION for Summary Judgment by RESOLUTION COPPER MINING, LLC. (Attachments: # 1 Memorandum in Support of summary judgment motion, # 2 Statement of Facts, # 3 Affidavit of Stacey Bosshardt, # 4 Affidavit of Sterling Hundley, # 5 Text of Proposed Order)(Huston, Michael) (Entered: 09/12/2024)
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