Case Detail

FOIA Project Annotation: A federal court in California has ruled that the Interior Department improperly denied a fee waiver to the Friends of Oceano Dunes, a non-profit organization devoted to protecting and monitoring developments at the Oceano Dunes State Vehicular Recreation Area. The agency denied the organization's fee waiver request because "we have no information to agree or disagree that disclosure would be primarily in your commercial interest." But while Judge Edward Chen indicated that he disagreed with FOOD's claim that its non-profit status alone qualified it for a fee waiver, he noted that "the commercial interest and contribution to public understanding prongsâ€"through formally distinct inquiriesâ€"are somewhat intertwined." He pointed out that "FOOD sought disclosure of information related to a proposed rule on critical habitat designation for the plover and intended to analyze and distribute the results of its analysis to a reasonably broad segment of the interested public." The agency questioned FOOD's ability to disseminate the information, but Chen observed that "FOOD intends to disseminate via its website and emails, which is comparable to [dissemination techniques that were found adequate by the D.C. and Tenth Circuits in other cases]." The agency also found the organization had not adequately explained its ability to understand the information. Chen pointed out that the organization had hired an experienced attorney to help analyze the materials and that members of its board had assisted State Parks with its successful plover conservation program at Oceano Dunes. Chen indicated that "while arguably this claim by FOOD is lacking in some specificity, there are facts which indicate the claim is not without basisâ€"in particular, the fact that, previously, FOOD participated in the 2005 rule-making by submitting comments to the agency to which the agency provided a response. The above circumstances are sufficiently comparable to those in which courts have found that a requester is in a position to analyze the information requested." (Friends of Oceano Dunes
Issues: Public Interest Fee Waiver

Date Filed	Doc #	Docket Text
2011-03-28	1	COMPLAINT; summons issued against Rowan Gould, Ken Salazar, U.S. Department of the Interior, United States Fish And Wildlife Service (Filing fee $ 350, receipt number 34611057951). Filed by Friends of Oceano Dunes, Inc. (Attachments: # 1 Civil Cover Sheet, # 2 Summons)(slh, COURT STAFF) (Filed on 3/28/2011) (Entered: 03/30/2011)
2011-03-28	2	Certificate of Interested Entities or Persons by Friends of Oceano Dunes, Inc. (slh, COURT STAFF) (Filed on 3/28/2011) (Entered: 03/30/2011)
2011-03-28	3	ADR SCHEDULING ORDER: Case Management Statement due by 7/6/2011. Case Management Conference set for 7/13/2011 01:30 PM. (Attachments: # 1 Standing Order)(slh, COURT STAFF) (Filed on 3/28/2011) (Entered: 03/30/2011)
2011-03-28		CASE DESIGNATED for Electronic Filing. (slh, COURT STAFF) (Filed on 3/28/2011) (Entered: 03/30/2011)
2011-04-06	4	SUMMONS Returned Executed by Friends of Oceano Dunes, Inc. United States Attorney served on 4/1/2011. (Roth, Thomas) (Filed on 4/6/2011) Modified on 4/7/2011 (slh, COURT STAFF). (Entered: 04/06/2011)
2011-04-06	5	AMENDED COMPLAINT (FIRST) against Rowan Gould, Ken Salazar, U.S. Department of the Interior, United States Fish And Wildlife Service. Filed byFriends of Oceano Dunes, Inc.. (Roth, Thomas) (Filed on 4/6/2011) (Entered: 04/06/2011)
2011-04-11	6	SUMMONS Returned Executed by Friends of Oceano Dunes, Inc.. United States Fish And Wildlife Service served on 3/29/2011, answer due 5/31/2011. (Roth, Thomas) (Filed on 4/11/2011) Modified on 4/12/2011 (slh, COURT STAFF). (Entered: 04/11/2011)
2011-04-11	7	SUMMONS Returned Executed by Friends of Oceano Dunes, Inc.. U.S. Department of the Interior served on 3/29/2011, answer due 5/31/2011. (Roth, Thomas) (Filed on 4/11/2011) Modified on 4/12/2011 (slh, COURT STAFF). (Entered: 04/11/2011)
2011-04-11	8	SUMMONS Returned Executed by Friends of Oceano Dunes, Inc.. Ken Salazar served on 3/29/2011, answer due 5/31/2011. (Roth, Thomas) (Filed on 4/11/2011) Modified on 4/12/2011 (slh, COURT STAFF). (Entered: 04/11/2011)
2011-04-11	9	SUMMONS Returned Executed by Friends of Oceano Dunes, Inc.. Rowan Gould served on 3/29/2011, answer due 5/31/2011. (Roth, Thomas) (Filed on 4/11/2011) Modified on 4/12/2011 (slh, COURT STAFF). (Entered: 04/11/2011)
2011-04-12	10	CERTIFICATE OF SERVICE by Friends of Oceano Dunes, Inc. (Roth, Thomas) (Filed on 4/12/2011) (Entered: 04/12/2011)
2011-04-12	11	SUMMONS Returned Executed by Friends of Oceano Dunes, Inc.. (Roth, Thomas) (Filed on 4/12/2011) (Entered: 04/12/2011)
2011-04-26	12	SUMMONS Returned Executed by Friends of Oceano Dunes, Inc.. Interior, FWS, Gould, Salazar, Holder (Roth, Thomas) (Filed on 4/26/2011) (Entered: 04/26/2011)
2011-05-05	13	STIPULATION and [Proposed] Order to Regarding Due Date for Response to Complaint, Initial Case Management and ADR Deadlines by Ken Salazar. (Attachments: # 1 Attestation of Concurrence in Filing)(Walker, Juan) (Filed on 5/5/2011) (Entered: 05/05/2011)
2011-05-05	14	CONSENT to Proceed Before a US Magistrate Judge by Friends of Oceano Dunes, Inc... (Roth, Thomas) (Filed on 5/5/2011) (Entered: 05/05/2011)
2011-05-09	15	STIPULATION AND ORDER EXTENDING TIME TO ANSWER, etc. re 13 Stipulation filed by Ken Salazar. Signed by Judge Edward M. Chen on 5/9/11. (bpf, COURT STAFF) (Filed on 5/9/2011) (Entered: 05/09/2011)
2011-05-31	16	Defendants' ANSWER to Amended Complaint Re Unlawful Denial of Fee Waiver Request Under the Freedom of Information Act byRowan Gould, Ken Salazar, U.S. Department of the Interior, United States Fish And Wildlife Service. (Walker, Juan) (Filed on 5/31/2011) (Entered: 05/31/2011)
2011-06-08	17	STANDING ORDERS (mjj2, COURT STAFF) (Filed on 6/8/2011) (Entered: 06/08/2011)
2011-07-28	18	CLERKS NOTICE Case Management Statement due by 8/23/2011. Case Management Conference set for 8/30/2011 02:30 PM in Courtroom 5, 17th Floor, San Francisco. (bpf, COURT STAFF) (Filed on 7/28/2011) (Entered: 07/28/2011)
2011-08-05	19	ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Roth, Thomas) (Filed on 8/5/2011) (Entered: 08/05/2011)
2011-08-05	20	NOTICE of need for ADR Phone Conference (ADR L.R. 3-5 d) (Roth, Thomas) (Filed on 8/5/2011) (Entered: 08/05/2011)
2011-08-05	21	ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Walker, Juan) (Filed on 8/5/2011) (Entered: 08/05/2011)
2011-08-08	22	ADR Clerks Notice Setting ADR Phone Conference on 8/25/11 at 11:30 a.m. Pacific time. Please take note that at the appointed time, all parties shall call 605-477-3000 and use access code 560060 to join the call. (sgd, COURT STAFF) (Filed on 8/8/2011) (Entered: 08/08/2011)
2011-08-08		ADR Remark: The ADR Phone Conference scheduled for 8/25/11 has been rescheduled to 8/17/11 at 10:30 a.m. Pacific time. Note, the call-in information remains the same. (sgd, COURT STAFF) (Filed on 8/8/2011) (Entered: 08/08/2011)
2011-08-17		ADR Remark: The ADR Phone Conference has been rescheduled for 8/18/11 at 8:30 a.m. Pacific time. Please note that all parties shall call 605-477-3000 and use access code 560060 to join the call. (sgd, COURT STAFF) (Filed on 8/17/2011) (Entered: 08/17/2011)
2011-08-18		ADR Remark: ADR Phone Conference held by RWS on 8/18/11. (sgd, COURT STAFF) (Filed on 8/18/2011) (Entered: 08/18/2011)
2011-08-23	23	JOINT CASE MANAGEMENT STATEMENT ; [Proposed] Order filed by U.S. Department of the Interior, United States Fish And Wildlife Service. (Walker, Juan) (Filed on 8/23/2011) (Entered: 08/23/2011)
2011-09-02	24	Minute Entry: Initial Case Management Conference held on 8/30/2011 before Edward M. Chen. Court to issue order setting briefing schedule for cross motion(s) for summary judgment which is set to be heard on 11/21/11 at 2:00 p.m. (Date Filed: 9/2/2011). () (bpf, COURT STAFF) (Date Filed: 9/2/2011) (Entered: 09/02/2011)
2011-09-02	25	CASE MANAGEMENT SCHEDULING ORDER: MSJ Hearing set for 11/21/2011 02:00 PM in Courtroom 5, 17th Floor, San Francisco before Hon. Edward M. Chen. Motions due by 10/3/2011. Status Conference set for 11/21/2011 02:00 PM in Courtroom 5, 17th Floor, San Francisco before Hon. Edward M. Chen.. Signed by Judge Edward M. Chen on 9/2/11. (bpf, COURT STAFF) (Filed on 9/2/2011) (Entered: 09/02/2011)
2011-09-22	26	NOTICE by U.S. Department of the Interior, United States Fish And Wildlife Service re 25 Case Management Scheduling Order, Administrative Records (Attachments: # 1 Administrative Records)(Walker, Juan) (Filed on 9/22/2011) (Entered: 09/22/2011)
2011-10-03	27	MOTION for Summary Judgment filed by Friends of Oceano Dunes, Inc.. Motion Hearing set for 11/21/2011 02:00 PM in Courtroom 5, 17th Floor, San Francisco before Hon. Edward M. Chen. Responses due by 10/17/2011. Replies due by 10/31/2011. (Attachments: # 1 Declaration, # 2 Proposed Order)(Roth, Thomas) (Filed on 10/3/2011) (Entered: 10/03/2011)
2011-10-17	28	RESPONSE (re 27 MOTION for Summary Judgment ) and Cross-Motion for Summary Judgment filed byRowan Gould, Ken Salazar, U.S. Department of the Interior, United States Fish And Wildlife Service. (Walker, Juan) (Filed on 10/17/2011) (Entered: 10/17/2011)
2011-10-24	29	MOTION to Relate Case filed by Friends of Oceano Dunes, Inc.. (Attachments: # 1 Certificate/Proof of Service)(Roth, Thomas) (Filed on 10/24/2011) (Entered: 10/24/2011)
2011-10-24	30	Proposed Order by Friends of Oceano Dunes, Inc.. (Roth, Thomas) (Filed on 10/24/2011) (Entered: 10/24/2011)
2011-10-24	31	CERTIFICATE OF SERVICE by Friends of Oceano Dunes, Inc. (Corrected) (Roth, Thomas) (Filed on 10/24/2011) (Entered: 10/24/2011)
2011-10-31	32	RESPONSE (re 27 MOTION for Summary Judgment ) filed byFriends of Oceano Dunes, Inc.. (Roth, Thomas) (Filed on 10/31/2011) (Entered: 10/31/2011)
2011-11-07	33	REPLY (re 27 MOTION for Summary Judgment ) filed byU.S. Department of the Interior. (Walker, Juan) (Filed on 11/7/2011) (Entered: 11/07/2011)
2011-11-07	34	Proposed Order re 27 Cross-MOTION for Summary Judgment filed byU.S. Department of the Interior. (Walker, Juan) (Filed on 11/7/2011) Modified on 11/10/2011 (slh, COURT STAFF). (Entered: 11/07/2011)
2011-11-09	35	NOTICE of Appearance by Juan Dion Walker (Walker, Juan) (Filed on 11/9/2011) (Entered: 11/09/2011)
2011-11-14	36	JOINT CASE MANAGEMENT STATEMENT filed by Friends of Oceano Dunes, Inc.. (Roth, Thomas) (Filed on 11/14/2011) (Entered: 11/14/2011)
2011-11-21	37	Minute Entry: Motion Hearing held on 11/21/2011 before Edward M. Chen (Date Filed: 11/21/2011) re 27 MOTION for Summary Judgment filed by Friends of Oceano Dunes, Inc.. Court took matter under submission and will issue order. (Court Reporter Belle Ball.) (bpf, COURT STAFF) (Date Filed: 11/21/2011) (Entered: 11/21/2011)
2011-11-22	38	ORDER by Judge Edward M. Chen denying 29 Motion to Relate Case (NOT RELATED) (bpf, COURT STAFF) (Filed on 11/22/2011) (Entered: 11/22/2011)
2011-12-22	39	ORDER by Judge Edward M. Chen granting 27 Plaintiff's Motion for Summary Judgment; and denying 28 Defendant's Cross-Motion for Summary Judgment (emclc1, COURT STAFF) (Filed on 12/22/2011) (Entered: 12/22/2011)
2011-12-27	40	JUDGMENT. Signed by Deputy Clerk Betty Lee(bpf, COURT STAFF) (Filed on 12/27/2011) (Entered: 12/27/2011)
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