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Case TitlePEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC. v. BUREAU OF INDIAN AFFAIRS
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2011cv00555
Date Filed2011-03-17
Date Closed2011-08-03
JudgeJudge Ellen S. Huvelle
PlaintiffPEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.
DefendantBUREAU OF INDIAN AFFAIRS
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
Complaint attachment 7
Opinion/Order [18]
FOIA Project Annotation: Judge Ellen Segal Huvelle has ruled that the Bureau of Indian Affairs conducted an adequate search for three leases, known as the Bear leases, entered into by the Eastern Band of Cherokee Indians that were the subject of two requests submitted by People for the Ethical Treatment of Animals, even though 420 pages were not found until after PETA had filed suit. PETA submitted its first request for the Bear leases in August 2010. The agency housed the leases in hard-copy only at its Cherokee Agency office in Cherokee, North Carolina. The agency disclosed 273 pages in September. PETA filed another request in October for any further documents. The Cherokee Agency office conducted another search and found no new records. After BIA failed to respond to PETA's administrative appeal, the organization filed suit in March 2011. BIA's Branch of Tribal Government, Eastern Region Office asked the Cherokee Agency office to provide it a copy of all the Bear leases. After receiving them, the Office sent them electronically to BIA headquarters. The agency released another 420 pages in April. PETA argued that because it did not get all the documents until after it filed suit, the pre-litigation search must be inadequate. Deciding that the dispute boiled down to whether the search for records responsive to the October request was inadequate, Huvelle noted that "even if the October search has been inadequate, it is well settled in this Circuit that the subsequent production of responsive documents can remedy inadequate searches. Further, that subsequent production cannot serve as proof that the agency conducted an unreasonable search initially or acted in bad faith, for such a rule would punish those agencies that attempted to correct past inadequate searches." She pointed out that "the BIA has remedied whatever inadequacies might have existed in response to the October request by subsequently searching every single document in every single file that could have contained responsive documents, ultimately producing thirty-seven more documents totaling over 400 pages in April 2011." PETA argued that Nkihtaqmikon v. Bureau of Indian Affairs, 672 F. Supp. 2d 154 (D. Me. 2009), showed that BIA had a track record of improperly responding to FOIA requests. But Huvelle indicated that in Nkihtaqmikon the agency had failed to conduct a search calculated to uncover all responsive records, which was not the case here. She observed that "the fact that the agency has been unable to explain why its second search was not fruitful does not detract from the Court's conclusions nor does it permit the argument that defendant has engaged in a pattern or practice of not conducting adequate searches."
Issues: Adequacy - Search
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2011-03-171COMPLAINT against BUREAU OF INDIAN AFFAIRS ( Filing fee $ 350, receipt number 4616037264) filed by PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Civil Cover Sheet)(dr) (Entered: 03/18/2011)
2011-03-17SUMMONS (3) Issued as to BUREAU OF INDIAN AFFAIRS, U.S. Attorney and U.S. Attorney General (dr) (Entered: 03/18/2011)
2011-03-172LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC. identifying Corporate Parent NONE for PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (dr) (Entered: 03/18/2011)
2011-04-053RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. BUREAU OF INDIAN AFFAIRS served on 3/28/2011 (Attachments: # 1 Certificate of Service Confirmation of BIA receipt via USPS tracking)(Kerr, Jeffrey) (Entered: 04/05/2011)
2011-04-054RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney General. (Attachments: # 1 Certificate of Service Confirmation of AG receipt via USPS tracking)(Kerr, Jeffrey) Modified on 5/24/2011 to correct party (jf, ). (Entered: 04/05/2011)
2011-04-055RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 3/30/2011. Answer due for ALL FEDERAL DEFENDANTS by 4/29/2011. (Attachments: # 1 Certificate of Service Return receipt)(Kerr, Jeffrey) (Entered: 04/05/2011)
2011-04-086NOTICE of Appearance by Andrea McBarnette on behalf of BUREAU OF INDIAN AFFAIRS (McBarnette, Andrea) (Entered: 04/08/2011)
2011-05-027MOTION for Summary Judgment by BUREAU OF INDIAN AFFAIRS (Attachments: # 1 Declaration, # 2 Exhibit Vaughn Index)(McBarnette, Andrea) (Entered: 05/02/2011)
2011-05-168Cross MOTION for Summary Judgment , MEMORANDUM in support, and STATEMENT of undisputed facts by PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC. (Attachments: # 1 Text of Proposed Order Proposed Order, # 2 Declaration Declaration of Amanda Schwoerke)(Kerr, Jeffrey) (Entered: 05/16/2011)
2011-05-169Memorandum in opposition to re 7 MOTION for Summary Judgment statement of facts filed by PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC. (Kerr, Jeffrey) (See Docket Entry 8 for additional documents). Modified on 5/17/2011 (znmw, ). (Entered: 05/16/2011)
2011-05-2010Unopposed MOTION for Extension of Time to File Reply and Opposition by BUREAU OF INDIAN AFFAIRS (Attachments: # 1 Text of Proposed Order)(McBarnette, Andrea) (Entered: 05/20/2011)
2011-05-20MINUTE ORDER granting 10 Unopposed Motion for Extension of Time: Upon onsideration of the Motion to Extend Time, it is hereby ORDERED that the Defendant will file an opposition and reply by June 17, 2011. Signed by Judge Ellen S. Huvelle on May 20, 2011. (AG) (Entered: 05/20/2011)
2011-06-1311Unopposed MOTION for Extension of Time to File Reply and Opposition by BUREAU OF INDIAN AFFAIRS (Attachments: # 1 Text of Proposed Order)(McBarnette, Andrea) (Entered: 06/13/2011)
2011-06-13MINUTE ORDER granting 11 Unopposed Motion for Extension of Time: it is hereby ORDERED that Defendant will file an opposition / reply by July 1, 2011. Signed by Judge Ellen S. Huvelle on June 13, 2011. (AG) (Entered: 06/13/2011)
2011-06-13Reset Deadlines: Defendant's opposition/replies due by 7/1/2011. (tj) (Entered: 06/13/2011)
2011-06-3012SUPPLEMENTAL MEMORANDUM to re 7 MOTION for Summary Judgment filed by BUREAU OF INDIAN AFFAIRS. (Attachments: # 1 Affidavit, # 2 Text of Proposed Order)(McBarnette, Andrea) (Entered: 06/30/2011)
2011-06-3013Memorandum in opposition to re 8 Cross MOTION for Summary Judgment , MEMORANDUM in support, and STATEMENT of undisputed facts filed by BUREAU OF INDIAN AFFAIRS. (Attachments: # 1 Affidavit, # 2 Text of Proposed Order)(McBarnette, Andrea) (Entered: 06/30/2011)
2011-06-3014REPLY to opposition to motion re 8 Cross MOTION for Summary Judgment , MEMORANDUM in support, and STATEMENT of undisputed facts filed by BUREAU OF INDIAN AFFAIRS. (Attachments: # 1 Affidavit, # 2 Text of Proposed Order)(McBarnette, Andrea) (Entered: 06/30/2011)
2011-07-0715REPLY to opposition to motion re 8 Cross MOTION for Summary Judgment , MEMORANDUM in support, and STATEMENT of undisputed facts filed by PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Attachments: # 1 Statement of Facts Plaintiff's response to Defendant's supplemental statement of material facts as to which there is no genuine dispute)(Kerr, Jeffrey) (Entered: 07/07/2011)
2011-07-1816REPLY to opposition to motion re 8 Cross MOTION for Summary Judgment , MEMORANDUM in support, and STATEMENT of undisputed facts filed by BUREAU OF INDIAN AFFAIRS. (Attachments: # 1 Declaration)(McBarnette, Andrea) (Entered: 07/18/2011)
2011-07-2017MOTION to Strike 16 Reply to opposition to Motion and supplemental declaration by PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC. (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order)(Kerr, Jeffrey) (Entered: 07/20/2011)
2011-08-0318MEMORANDUM OPINION. Signed by Judge Ellen S. Huvelle on August 3, 2011. (lcesh2) (Entered: 08/03/2011)
2011-08-0319ORDER granting 7 defendant's Motion for Summary Judgment; denying 8 plaintiff's Cross Motion for Summary Judgment; denying 17 plaintiff's Motion to Strike. Signed by Judge Ellen S. Huvelle on August 3, 2011. (lcesh2) (Entered: 08/03/2011)
2011-08-2220NOTICE OF SUBSTITUTION OF COUNSEL by Tricia D. Francis on behalf of All Defendants Substituting for attorney Andrea McBarnette (Francis, Tricia) (Entered: 08/22/2011)
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by FOIA Project Staff
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