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Case TitleCHESAPEAKE BAY FOUNDATION, INC. v. U.S. ARMY CORPS OF ENGINEERS
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2009cv01054
Date Filed2009-06-05
Date Closed2010-06-24
JudgeJudge John D. Bates
PlaintiffCHESAPEAKE BAY FOUNDATION, INC.
DefendantU.S. ARMY CORPS OF ENGINEERS
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Opinion/Order [23]
Opinion/Order [36]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2009-06-051COMPLAINT against U.S. ARMY CORPS OF ENGINEERS ( Filing fee $ 350, receipt number 4616021280) filed by CHESAPEAKE BAY FOUNDATION, INC. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Civil Cover Sheet)(tr) (Entered: 06/09/2009)
2009-06-052LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by CHESAPEAKE BAY FOUNDATION, INC. identifying Corporate Parent NONE for CHESAPEAKE BAY FOUNDATION, INC. (tr) (Entered: 06/09/2009)
2009-06-05SUMMONS Issued(3) as to U.S. ARMY CORPS OF ENGINEERS, U.S. Attorney and U.S. Attorney General (tr) (Entered: 06/09/2009)
2009-06-103NOTICE of Appearance by Michael W. Maas on behalf of CHESAPEAKE BAY FOUNDATION, INC. (Maas, Michael) (Entered: 06/10/2009)
2009-06-224SUMMONS Returned Executed by CHESAPEAKE BAY FOUNDATION, INC.. U.S. ARMY CORPS OF ENGINEERS served on 6/8/2009, answer due 7/8/2009. (Maas, Michael) (Entered: 06/22/2009)
2009-06-225SUMMONS Returned Executed by CHESAPEAKE BAY FOUNDATION, INC. US Attorney served on 6/8/2009, answer due 7/8/2009 (Maas, Michael) Modified on 6/23/2009 to correct service date and answer (tr). (Entered: 06/22/2009)
2009-06-226ENTERED IN ERROR.....SUMMONS Returned Executed by CHESAPEAKE BAY FOUNDATION, INC.. (Maas, Michael) Modified on 6/23/2009 (tr, ). (Entered: 06/22/2009)
2009-06-227RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on Attorney General. Date of Service Upon Attorney General 6/8/2009. (tr) (Entered: 06/23/2009)
2009-07-068NOTICE of Appearance by Kathryn Ann Donnelly on behalf of U.S. ARMY CORPS OF ENGINEERS (Donnelly, Kathryn) (Entered: 07/06/2009)
2009-07-069Consent MOTION for Extension of Time to answer, move, or otherwise respond to the Complaint by U.S. ARMY CORPS OF ENGINEERS (Attachments: # 1 Text of Proposed Order)(Donnelly, Kathryn) (Entered: 07/06/2009)
2009-07-06MINUTE ORDER: Upon consideration of 9 Defendant's Consent Motion for Extension of Time, and the entire record herein, it is hereby ORDERED that the motion is GRANTED; it is further ORDERED that defendant shall answer or otherwise respond to the complaint by not later than August 7, 2009. SO ORDERED. Signed by Judge John D. Bates on 7/6/2009. (lcjdb2) (Entered: 07/06/2009)
2009-07-06Set/Reset Deadlines: Answer due by 8/7/2009 (lcjdb2) (Entered: 07/06/2009)
2009-08-0410MOTION for Extension of Time to File Answer , move, or otherwise respond to complaint by U.S. ARMY CORPS OF ENGINEERS (Donnelly, Kathryn) (Entered: 08/04/2009)
2009-08-05MINUTE ORDER: Upon consideration of 10 Defendant's Motion for Extension of Time to Answer, and the entire record herein, it is hereby ORDERED that the motion is GRANTED; it is further ORDERED that defendant shall answer or otherwise respond to the complaint by not later than August 21, 2009. SO ORDERED. Signed by Judge John D. Bates on 8/5/2009. (lcjdb2) (Entered: 08/05/2009)
2009-08-2111MOTION for Extension of Time to File Answer , Move, or Otherwise Respond by U.S. ARMY CORPS OF ENGINEERS (Donnelly, Kathryn) (Entered: 08/21/2009)
2009-08-2112Memorandum in opposition to re 11 MOTION for Extension of Time to File Answer , Move, or Otherwise Respond PLAINTIFFS OPPOSITION TO DEFENDANTS THIRD MOTION FOR AN ENLARGEMENT OF TIME IN ORDER TO RESPOND TO PLAINTIFFS COMPLAINT filed by CHESAPEAKE BAY FOUNDATION, INC.. (Maas, Michael) (Entered: 08/21/2009)
2009-08-21MINUTE ORDER: Upon consideration of 11 defendant's motion for an enlargement of time to respond to the complaint, and 12 plaintiff's opposition thereto, it is hereby ORDERED that the motion is GRANTED; and it is further ORDERED that defendant's response to the complaint shall be filed by not later than August 25, 2009. SO ORDERED Signed by Judge John D. Bates on 8/21/2009. (ck) (Entered: 08/21/2009)
2009-08-21Set/Reset Deadlines: Defendant's answer due by 8/25/2009. (ck) (Entered: 08/21/2009)
2009-08-2513MOTION for Extension of Time to File Answer , Move, or Otherwise Respond by U.S. ARMY CORPS OF ENGINEERS (Donnelly, Kathryn) (Entered: 08/25/2009)
2009-08-26MINUTE ORDER: Upon consideration of 13 defendant's motion for an enlargement of time to respond to the complaint, and the entire record herein, it is hereby ORDERED that the motion is GRANTED; it is further ORDERED that defendant's response to the complaint shall be filed by not later than August 28, 2009. SO ORDERED. Signed by Judge John D. Bates on 8/26/2009. (lcjdb2) (Entered: 08/26/2009)
2009-08-2814MOTION for Summary Judgment by U.S. ARMY CORPS OF ENGINEERS (Attachments: # 1 Statement of Facts, # 2 Declaration Fraer, # 3 Declaration Zelen, # 4 Declaration Hipkins, # 5 Declaration Lorenz, # 6 Declaration Davis, # 7 Text of Proposed Order)(Donnelly, Kathryn) (Entered: 08/28/2009)
2009-09-1115Memorandum in opposition to re 14 MOTION for Summary Judgment PLAINTIFFS OPPOSITION AND CROSS-MOTION FOR SUMMARY JUDGMENT filed by CHESAPEAKE BAY FOUNDATION, INC.. (Attachments: # 1 Memorandum in Support of Plaintiff's Cross Motion for Summary Judgment, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I, # 11 Exhibit J, # 12 Exhibit K, # 13 Exhibit L, # 14 Exhibit M, # 15 Exhibit N, # 16 Exhibit O, # 17 Exhibit P, # 18 Exhibit Q, # 19 Statement of Facts Plaintiff's Statement of Material Facts not in Dispute, # 20 Statement of Facts Plaintiff's Response to Defendant's Statement of Material Facts Not in Dispute, # 21 Text of Proposed Order)(Maas, Michael) (Entered: 09/11/2009)
2009-09-1116Cross MOTION for Summary Judgment by CHESAPEAKE BAY FOUNDATION, INC. (Attachments: # 1 Plaintiff's Opposition to Defendant's Motion for Summary Judgment and Memorandum of Law in Support of Plaintiff's Cross Motion for Summary Judgment, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I, # 11 Exhibit J, # 12 Exhibit K, # 13 Exhibit L, # 14 Exhibit M, # 15 Exhibit N, # 16 Exhibit O, # 17 Exhibit P, # 18 Exhibit Q, # 19 Plaintiff's Statement of Material Facts not in Dispute, # 20 Plaintiff's Response to Defendant's Statement of Material Facts Not in Dispute, # 21 Text of Proposed Order)(Maas, Michael) (Entered: 09/11/2009)
2009-09-2217MOTION for Extension of Time to File Response/Reply to Plaintiff's Opposition and Cross Motion for Summary Judgment by U.S. ARMY CORPS OF ENGINEERS (Donnelly, Kathryn) (Entered: 09/22/2009)
2009-09-2218Memorandum in opposition to re 17 MOTION for Extension of Time to File Response/Reply to Plaintiff's Opposition and Cross Motion for Summary Judgment PLAINTIFFS OPPOSITION TO DEFENDANTS MOTION FOR AN ENLARGEMENT OF TIME TO RESPOND TO PLAINTIFFS CROSS-MOTION FOR SUMMARY JUDGMENT filed by CHESAPEAKE BAY FOUNDATION, INC.. (Maas, Michael) (Entered: 09/22/2009)
2009-09-23MINUTE ORDER: Upon consideration of 17 defendant's motion for an enlargement of time with which to file a reply to plaintiff's opposition and cross-motion for summary judgment, 18 plaintiff's memorandum in opposition to defendant's motion for an enlargement of time, and the entire record herein, it is hereby ORDERED that the motion be GRANTED IN PART and DENIED IN PART; it is further ORDERED that defendant shall file its response by not later than September 25, 2009. SO ORDERED. Signed by Judge John D. Bates on 9/23/2009. (lcjdb2) (Entered: 09/23/2009)
2009-09-2519Memorandum in opposition to re 16 Cross MOTION for Summary Judgment filed by U.S. ARMY CORPS OF ENGINEERS. (Attachments: # 1 Exhibit Declaration of Michael Fraer, # 2 Exhibit Declaration of Sandy Zelen)(Donnelly, Kathryn) (Entered: 09/25/2009)
2009-09-2520REPLY to opposition to motion re 16 Cross MOTION for Summary Judgment and Opposition to Defendant's Motion for Summary Judgment filed by U.S. ARMY CORPS OF ENGINEERS. (Attachments: # 1 Exhibit Declaration of Michael Fraer, # 2 Exhibit Declaration of Sandy Zelen)(Donnelly, Kathryn) (Entered: 09/25/2009)
2009-10-0521REPLY to opposition to motion re 16 Cross MOTION for Summary Judgment PLAINTIFFS REPLY TO DEFENDANTS OPPOSITION TO PLAINTIFFS MOTION FOR SUMMARY JUDGMENT filed by CHESAPEAKE BAY FOUNDATION, INC.. (Attachments: # 1 Exhibit B, # 2 Exhibit C, # 3 Exhibit F, # 4 Exhibit I, # 5 Exhibit J, # 6 Exhibit K, # 7 Exhibit L, # 8 Exhibit P, # 9 Exhibit Q, # 10 Exhibit R)(Maas, Michael) (Entered: 10/05/2009)
2009-12-3022ORDER denying 14 16 the parties' cross-motions for summary judgment and setting further briefing schedule. See text of Order and accompanying Memorandum Opinion for details. Signed by Judge John D. Bates on 12/30/2009. (lcjdb2) (Entered: 12/30/2009)
2009-12-3023MEMORANDUM OPINION. Signed by Judge John D. Bates on 12/30/2009. (lcjdb2) (Entered: 12/30/2009)
2010-02-0124Consent MOTION for Extension of Time to Answer, Move, or Otherwise Respond by U.S. ARMY CORPS OF ENGINEERS (Donnelly, Kathryn) (Entered: 02/01/2010)
2010-02-01MINUTE ORDER: Upon consideration of 24 defendant's consent motion for an extension to file its renewed motion for summary judgment and Vaughn submissions, and the entire record herein, it is hereby ORDERED that the motion is GRANTED; it is further ORDERED that defendant shall file its renewed motion and Vaughn submissions by not later than February 12, 2010; and it is further ORDERED that plaintiff shall file its opposition thereto and cross-motion for summary judgment by not later than March 12, 2010. SO ORDERED. Signed by Judge John D. Bates on 2/1/2010. (lcjdb2) (Entered: 02/01/2010)
2010-02-1225Consent MOTION for Extension of Time to Answer, Move or Otherwise Respond by U.S. ARMY CORPS OF ENGINEERS (Donnelly, Kathryn) (Entered: 02/12/2010)
2010-02-15MINUTE ORDER: Upon consideration of 25 defendant's consent motion for an extension of time to answer or otherwise respond, and the entire record herein, it is hereby ORDERED that the motion is GRANTED; it is further ORDERED that defendant shall file its answer or otherwise respond to plaintiff's complaint by not later than February 19, 2010; and it is further ORDERED that plaintiff shall file its opposition to defendant's motion, if any, by not later than March 19, 2010. SO ORDERED. Signed by Judge John D. Bates on 2/15/2010. (lcjdb2) (Entered: 02/15/2010)
2010-02-1926MOTION for Summary Judgment (Renewed) by U.S. ARMY CORPS OF ENGINEERS (Attachments: # 1 Statement of Facts, # 2 Text of Proposed Order, # 3 Declaration of Jeffrey Lorenz, # 4 Declaration of James Mirynowski, # 5 Declaration of Sandra Zelen, # 6 Declaration of Michael Fraer, # 7 Exhibit Vaughn index)(Donnelly, Kathryn) (Entered: 02/19/2010)
2010-03-1927Memorandum in opposition to re 26 MOTION for Summary Judgment (Renewed) MOTION for Summary Judgment (Renewed) PLAINTIFFS OPPOSITION AND SECOND CROSS-MOTION FOR SUMMARY JUDGMENT filed by CHESAPEAKE BAY FOUNDATION, INC.. (Attachments: # 1 Memorandum in Support PLAINTIFFS OPPOSITION TO DEFENDANTS SECOND MOTION FOR SUMMARY JUDGMENT AND MEMORANDUM OF LAW IN SUPPORT OF SECOND CROSS MOTION FOR SUMMARY JUDGMENT, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Statement of Facts PLAINTIFFS RESPONSE TO DEFENDANTS STATEMENT OF MATERIAL FACTS NOT IN DISPUTE, # 11 Statement of Facts PLAINTIFFS STATEMENT OF MATERIAL FACTS NOT IN DISPUTE, # 12 Text of Proposed Order)(Maas, Michael) (Entered: 03/19/2010)
2010-03-1928Cross MOTION for Summary Judgment by CHESAPEAKE BAY FOUNDATION, INC. (Attachments: # 1 Memorandum in Support PLAINTIFFS OPPOSITION TO DEFENDANTS SECOND MOTION FOR SUMMARY JUDGMENT AND MEMORANDUM OF LAW IN SUPPORT OF SECOND CROSS MOTION FOR SUMMARY JUDGMENT, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Statement of Facts PLAINTIFFS STATEMENT OF MATERIAL FACTS NOT IN DISPUTE, # 11 Statement of Facts PLAINTIFFS RESPONSE TO DEFENDANTS STATEMENT OF MATERIAL FACTS NOT IN DISPUTE, # 12 Text of Proposed Order)(Maas, Michael) (Entered: 03/19/2010)
2010-04-1329Memorandum in opposition to re 28 Cross MOTION for Summary Judgment and Reply to Plaintiff's Opposition to Defendant's Renewed Motion for Summary Judgment filed by U.S. ARMY CORPS OF ENGINEERS. (Attachments: # 1 Exhibit A)(Donnelly, Kathryn) (Entered: 04/13/2010)
2010-04-1330REPLY to opposition to motion re 26 Cross MOTION for Summary Judgment and Opposition to Plaintiff's Cross-motion for Summary Judgment filed by U.S. ARMY CORPS OF ENGINEERS. (Attachments: # 1 Exhibit A)(Donnelly, Kathryn) Modified on 4/14/2010 to edit link and relationship to Cross Motion for Summary Judgment (dr). (Entered: 04/13/2010)
2010-05-0431ENTERED IN ERROR.....MEET AND CONFER STATEMENT. (Donnelly, Kathryn) Modified on 5/4/2010 (zrdj). (Entered: 05/04/2010)
2010-05-04NOTICE OF CORRECTED DOCKET ENTRY: re 31 Meet and Confer Statement was entered in error at the request of counsel and counsel will not refile said pleading. (rdj) (Entered: 05/04/2010)
2010-05-0432REPLY to opposition to motion re 28 Cross MOTION for Summary Judgment PLAINTFFS REPLY IN SUPPORT OF ITS SECOND MOTION FOR SUMMARY JUDGMENT filed by CHESAPEAKE BAY FOUNDATION, INC.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Maas, Michael) (Entered: 05/04/2010)
2010-05-2633ORDER requiring the Army Corps of Engineers to file a new Vaughn index by not later than June 4, 2010. See Order for details. Signed by Judge John D. Bates on 5/26/2010. (lcjdb2) (Entered: 05/26/2010)
2010-06-0434NOTICE of Filing of Updated Vaughn Index by U.S. ARMY CORPS OF ENGINEERS re 26 MOTION for Summary Judgment (Renewed) MOTION for Summary Judgment (Renewed) (Attachments: # 1 Declaration James Mirynowski, # 2 Vaughn Index (updated))(Donnelly, Kathryn) (Entered: 06/04/2010)
2010-06-2435ORDER granting in part and denying in part 26 defendant's motion for summary judgment and granting in part and denying in part 28 plaintiff's motion for summary judgment. See Order and accompanying Memorandum Opinion for details. Signed by Judge John D. Bates on 6/24/2010. (lcjdb2) (Entered: 06/24/2010)
2010-06-2436MEMORANDUM OPINION. Signed by Judge John D. Bates on 6/24/2010. (lcjdb2) (Entered: 06/24/2010)
2010-07-0837Unopposed MOTION for Extension of Time to FILE A MOTION FOR ATTORNEYS FEES by CHESAPEAKE BAY FOUNDATION, INC. (Attachments: # 1 Text of Proposed Order)(Maas, Michael) (Entered: 07/08/2010)
2010-07-08MINUTE ORDER: Upon consideration of 37 plaintiff's unopposed motion for an extension of time, and the entire record herein, it is hereby ORDERED that the motion is GRANTED; it is further ORDERED that plaintiff shall file its motion for attorneys' fees by not later than August 6, 2010. SO ORDERED. Signed by Judge John D. Bates on 7/8/2010. (lcjdb2) (Entered: 07/08/2010)
2010-07-1338NOTICE OF SUBSTITUTION OF COUNSEL by Dan Dalrymple on behalf of U.S. ARMY CORPS OF ENGINEERS Substituting for attorney Kathryn A. Donnelly (Dalrymple, Dan) (Entered: 07/13/2010)
2010-08-0239Unopposed MOTION for Extension of Time to File a Motion for Attorneys Fees by CHESAPEAKE BAY FOUNDATION, INC. (Attachments: # 1 Text of Proposed Order)(Maas, Michael) Modified on 8/3/2010 to enhance text (dr). (Entered: 08/02/2010)
2010-08-04MINUTE ORDER: Upon consideration of 39 plaintiff's unopposed motion for an extension of time, and the entire record herein, it is hereby ORDERED that the motion is GRANTED; it is further ORDERED that plaintiff shall file its motion for attorneys' fees by not later than September 24, 2010. SO ORDERED. Signed by Judge John D. Bates on 8/4/2010. (lcjdb2) (Entered: 08/04/2010)
2010-09-1340NOTICE OF SUBSTITUTION OF COUNSEL by Kelly Lynell McGovern on behalf of U.S. ARMY CORPS OF ENGINEERS Substituting for attorney Dan Dalrymple (McGovern, Kelly) (Entered: 09/13/2010)
2011-08-0941NOTICE OF SUBSTITUTION OF COUNSEL by Daniel James Everett on behalf of U.S. ARMY CORPS OF ENGINEERS Substituting for attorney Kelly McGovern (Everett, Daniel) (Entered: 08/09/2011)
2012-01-2642STIPULATION of Dismissal and Settlement by U.S. ARMY CORPS OF ENGINEERS. (Everett, Daniel) (Entered: 01/26/2012)
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