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Case TitleDEFENDERS OF WILDLIFE v. UNITED STATES BORDER PATROL et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2004cv01832
Date Filed2004-10-21
Date Closed2012-01-03
JudgeJudge Paul L. Friedman
PlaintiffDEFENDERS OF WILDLIFE
DefendantUNITED STATES BORDER PATROL
DefendantBUREAU OF CUSTOMS AND BORDER PROTECTION
TERMINATED: 09/23/2011
DefendantU.S. DEPARTMENT OF HOMELAND SECURITY
DefendantNATIONAL PARK SERVICE
DefendantU.S. DEPARTMENT OF THE INTERIOR
DefendantU.S. FISH AND WILDLIFE SERVICE
DefendantU.S.D.A. FOREST SERVICE
Documents
Docket
Complaint
Opinion/Order [43]
FOIA Project Annotation: Judge Paul Friedman has ruled that affidavits supplied by various components of the Department of Homeland Security are insufficient to support the adequacy of the agency's search as well as its exemption claims. Defenders of Wildlife requested records on the agency's compliance with environmental laws in relation to its Arizona Border Control Initiative. The organization also requested records produced pursuant to the Endangered Species Act, and correspondence with other agencies and members of Congress. Calling the agency's affidavits "legally insufficient," Friedman noted that its "Vaughn Index systematically fails to identify relevant information such as the originating component agency, the author, and frequently the recipient(s) of the document. . .In addition to failing to provide adequate detail about the identity and contents of the documents, the Vaughn Index provides only bare legal conclusions regarding the exemptions relied upon by DHS to justify withholding." Describing such a document, he pointed out that "a five page Arizona Border Control Plan [is withheld under Exemption 5 (deliberative process privilege)] because it 'pertains to immediate access issues,' [but] the agency explains only that it was 'protect[ing] the deliberative process privilege as it is applied to pre-decisional material or discussions, the general purposes of which [are] to encourage frank discussions among personnel.' There is no explanation of how any of the documents are pre-decisional or deliberative or what deliberative process is involved. It simply is not sufficient to state that all withholdings relate to 'a decision or decisions on how best to implement the Arizona Border Control Initiative.'" Friedman said it was insufficient for the agency to indicate that no non-exempt information could be segregated from the exempt information. Instead, an agency was required to make a segregation finding for each entry. He noted that "DHS has not done this. Rather, it simply states that as to all of the withheld documents, 'all information withheld. . .is not reasonably segregable because it is so intertwined with protected material that segregation is not possible.' This explanation is insufficient. . ." Friedman was particularly concerned about a statement in one affidavit indicating confusion as to which component was responsible for processing requests. He observed that "if various agencies within DHS do not clearly understand the scope of their respective responsibilities for FOIA searches, and they do nothing to resolve this confusion, it is difficult for a court to conclude that those agencies conduct adequate searches as required by the FOIA."
Issues: Adequacy - Search
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2004-10-211COMPLAINT against BUREAU OF CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY, UNITED STATES BORDER PATROL (Filing fee $ 150) filed by DEFENDERS OF WILDLIFE.(td, ) (Entered: 10/22/2004)
2004-10-212MOTION for Leave for Brian Seegee to appear pro hac vice by DEFENDERS OF WILDLIFE. (td, ) (Entered: 10/22/2004)
2004-10-27MINUTE ORDER granting 2 motion for admission pro hac vice of Brian Segee on behalf of plaintiff. Signed by Judge Paul L. Friedman on October 27, 2004.(ma) (Entered: 10/27/2004)
2005-01-033AMENDED COMPLAINT against NATIONAL PARK SERVICE, U.S. DEPARTMENT OF THE INTERIOR, U.S. FISH AND WILDLIFE SERVICE, U.S.D.A. FOREST SERVICE, UNITED STATES BORDER PATROL, BUREAU OF CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITYfiled by DEFENDERS OF WILDLIFE.(td, ) (Entered: 01/06/2005)
2005-01-06Summons (4) Issued as to NATIONAL PARK SERVICE, U.S. DEPARTMENT OF THE INTERIOR, U.S. FISH AND WILDLIFE SERVICE, U.S.D.A. FOREST SERVICE. (td, ) (Entered: 01/06/2005)
2005-02-034NOTICE of Appearance by William Mark Nebeker on behalf of all defendants (Nebeker, William) (Entered: 02/03/2005)
2005-02-035Unopposed MOTION for Extension of Time to File Answer re 1 Complaint, 3 Amended Complaint, by NATIONAL PARK SERVICE, U.S. DEPARTMENT OF THE INTERIOR, U.S. FISH AND WILDLIFE SERVICE, U.S.D.A. FOREST SERVICE, UNITED STATES BORDER PATROL, BUREAU OF CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY. (Attachments: # 1 Text of Proposed Order)(Nebeker, William) (Entered: 02/03/2005)
2005-02-07MINUTE ORDER granting 5 defendants' unopposed motion for an enlargement of time. The time by which defendants may file a dispositive motion in this case is enlarged up to and including March 17, 2005. Signed by Judge Paul L. Friedman on February 7, 2005. (ma) (Entered: 02/07/2005)
2005-02-226SUMMONS Returned Executed by DEFENDERS OF WILDLIFE. NATIONAL PARK SERVICE served on 1/27/2005, answer due 2/28/2005; U.S. DEPARTMENT OF THE INTERIOR served on 1/27/2005, answer due 2/28/2005; U.S. FISH AND WILDLIFE SERVICE served on 1/24/2005, answer due 2/23/2005; U.S.D.A. FOREST SERVICE served on 1/26/2005, answer due 2/25/2005; UNITED STATES BORDER PATROL served on 12/27/2004, answer due 1/26/2005; BUREAU OF CUSTOMS AND BORDER PROTECTION served on 12/27/2004, answer due 1/26/2005; U.S. DEPARTMENT OF HOMELAND SECURITY served on 12/27/2004, answer due 1/26/2005. (Attachments: # 1 )(Segee, Brian) (Entered: 02/22/2005)
2005-02-227RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on Attorney General. Date of Service Upon Attorney General 12/28/2004. (Attachments: # 1 )(Segee, Brian) (Entered: 02/22/2005)
2005-02-228RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the US Attorney. (Attachments: # 1 )(Segee, Brian) (Entered: 02/22/2005)
2005-03-179ANSWER to Amended Complaint by NATIONAL PARK SERVICE, U.S. DEPARTMENT OF THE INTERIOR, U.S. FISH AND WILDLIFE SERVICE, U.S.D.A. FOREST SERVICE, UNITED STATES BORDER PATROL, BUREAU OF CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY.(Nebeker, William) (Entered: 03/17/2005)
2005-03-2210ORDER that defendants shall file a motion to dismiss or, in the alternative, a motion for summary judgment on or before May 6, 2005. No further extensions of time will be granted except for good cause shown. Signed by Judge Paul L. Friedman on March 22, 2005. (MA) (Entered: 03/22/2005)
2005-04-2911MOTION for Extension of Time to File Dispositive Motions And , MOTION to Stay by NATIONAL PARK SERVICE, U.S. DEPARTMENT OF THE INTERIOR, U.S. FISH AND WILDLIFE SERVICE, U.S.D.A. FOREST SERVICE, UNITED STATES BORDER PATROL, BUREAU OF CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY. (Attachments: # 1 Text of Proposed Order # 2 Affidavit Ave Sloane)(Nebeker, William) (Entered: 04/29/2005)
2005-05-1012Memorandum in opposition to motion re 11 Defendant's Motion for a Stay filed by DEFENDERS OF WILDLIFE. (Attachments: # 1 Text of Proposed Order # 2 Exhibit)(Segee, Brian) (Entered: 05/10/2005)
2005-05-2013STIPULATION re 11 MOTION for Extension of Time to File Dispositive Motions And MOTION to Stay MOTION to Stay by NATIONAL PARK SERVICE, U.S. DEPARTMENT OF THE INTERIOR, U.S. FISH AND WILDLIFE SERVICE, U.S.D.A. FOREST SERVICE, DEFENDERS OF WILDLIFE, UNITED STATES BORDER PATROL, BUREAU OF CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY. (Nebeker, William) (Entered: 05/20/2005)
2005-05-2314STIPULATION Staying the proceedings and adopting the following schedule: The Department of Homeland Security shall complete processing of plaintiff's Freedom of Information Act requst and serve a Vaughn Index by 8/29/2005; any unsolved issues shall be addressed in a dispositive motion by 9/298/2005. The U.S. Department of Agriculture, Forest Service and U.S. Department of Interior shall complete processing plaintiff's Freedom of Information Act request and serve a Vaughn Index by 7/6/2005. withdrawing 11 Motion for Extension of Time to File a dispositive motion, withdrawing 11 Motion to Stay proceedings. (See Stipulation for further details) . Signed by Judge Royce C. Lamberth for Judge Paul L. Friedman on 5/23/2005. (bm) (Entered: 05/24/2005)
2005-07-0615Vaughn Index. (Attachments: # 1 Exhibit Vaughn Declaration (Interior)# 2 Exhibit Vaughn Index (Interior)# 3 Exhibit Vaughn Index/Declaration (Agriculture))(Nebeker, William) (Entered: 07/06/2005)
2005-07-0616Unopposed MOTION for Extension of Time to File Supplemental Vaughn Index by NATIONAL PARK SERVICE, U.S. DEPARTMENT OF THE INTERIOR, U.S. FISH AND WILDLIFE SERVICE, U.S.D.A. FOREST SERVICE, UNITED STATES BORDER PATROL, BUREAU OF CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY. (Attachments: # 1 Text of Proposed Order)(Nebeker, William) (Entered: 07/06/2005)
2005-07-19MINUTE ORDER granting 16 defendants' unopposed motion for an enlargement of time up to and including August 3, 2005 within which to provide a supplemental Vaughn index. Signed by Judge Paul L. Friedman on July 19, 2005. (MA) (Entered: 07/19/2005)
2005-08-0317NOTICE Of Filing Supplemental Vaughn Index by NATIONAL PARK SERVICE, U.S. DEPARTMENT OF THE INTERIOR, U.S. FISH AND WILDLIFE SERVICE, U.S.D.A. FOREST SERVICE, UNITED STATES BORDER PATROL, BUREAU OF CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY (Attachments: # 1 Affidavit Supplemental Vaughn Index)(Nebeker, William) (Entered: 08/03/2005)
2005-08-0418STIPULATION RESOLVING FEE WAIVER ISSUE WITH THE DEPARTMENT OF INTERIOR AND SEEKING AN ENLARGEMENT OF TIME by NATIONAL PARK SERVICE, U.S. DEPARTMENT OF THE INTERIOR, U.S. FISH AND WILDLIFE SERVICE, U.S.D.A. FOREST SERVICE, DEFENDERS OF WILDLIFE, UNITED STATES BORDER PATROL, BUREAU OF CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY. (Nebeker, William) (Entered: 08/04/2005)
2005-08-05MINUTE ORDER approving stipulation resolving fee waiver issue with the Department of Interior and seeking an enlargement of time of 30 days from the Court's approval of this stipulation in order to complete processing of plaintiff's FOIA request to Interior. Signed by Judge Paul L. Friedman on August 5, 2005. (MA) (Entered: 08/05/2005)
2005-08-2919Vaughn Index from Dep't of Homeland Security, pursuant to Stipulation no. 14 . (Attachments: # 1 Vaughn Index redactions to doc. 19# 2 Vaugh Index redactions doc. 21# 3 Vaughn Index redactions doc. 30# 4 Vaughn Index redactions doc. 31# 5 Vaughn Index redactions doc. 33# 6 Vaughn Index redactions doc. 34)(Burch, Alan) (Entered: 08/29/2005)
2005-08-2920ERRATA by UNITED STATES BORDER PATROL, BUREAU OF CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY. (Nebeker, William) (Entered: 08/29/2005)
2005-09-2621MOTION for Extension of Time to File Dispositive Motion by NATIONAL PARK SERVICE, U.S. DEPARTMENT OF THE INTERIOR, U.S. FISH AND WILDLIFE SERVICE, U.S.D.A. FOREST SERVICE, UNITED STATES BORDER PATROL, BUREAU OF CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY. (Attachments: # 1 Text of Proposed Order)(Nebeker, William) (Entered: 09/26/2005)
2005-09-29MINUTE ORDER granting 21 defendants' unopposed motion for an enlargement of time up to and including October 19, 2005 within which to file a dispositive motion. Signed by Judge Paul L. Friedman on September 29, 2005. (MA) (Entered: 09/29/2005)
2005-10-1822Unopposed MOTION for Extension of Time to File Dispositive Motion by NATIONAL PARK SERVICE, U.S. DEPARTMENT OF THE INTERIOR, U.S. FISH AND WILDLIFE SERVICE, U.S.D.A. FOREST SERVICE, UNITED STATES BORDER PATROL, BUREAU OF CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY. (Attachments: # 1 Text of Proposed Order)(Nebeker, William) (Entered: 10/18/2005)
2005-10-19MINUTE ORDER granting 22 defendants' unopposed motion for enlargement of time up to and including November 4, 2005 within which to file a dispositive motion. Signed by Judge Paul L. Friedman on October 19, 2005. (MA) (Entered: 10/19/2005)
2005-11-0323MOTION for Extension of Time to File Dispositive Motion by NATIONAL PARK SERVICE, U.S. DEPARTMENT OF THE INTERIOR, U.S. FISH AND WILDLIFE SERVICE, U.S.D.A. FOREST SERVICE, UNITED STATES BORDER PATROL, BUREAU OF CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY. (Attachments: # 1 Text of Proposed Order)(nmw, ) (Entered: 11/04/2005)
2005-11-2324MOTION for Extension of Time to File Dispositive Motion by NATIONAL PARK SERVICE, U.S. DEPARTMENT OF THE INTERIOR, U.S. FISH AND WILDLIFE SERVICE, U.S.D.A. FOREST SERVICE, UNITED STATES BORDER PATROL, BUREAU OF CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY. (Attachments: # 1 Text of Proposed Order)(Nebeker, William) (Entered: 11/23/2005)
2005-11-2925MOTION to Dismiss Or, In The Alternative , MOTION for Summary Judgment by NATIONAL PARK SERVICE, U.S. DEPARTMENT OF THE INTERIOR, U.S. FISH AND WILDLIFE SERVICE, U.S.D.A. FOREST SERVICE, UNITED STATES BORDER PATROL, BUREAU OF CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY. (Attachments: # 1 Text of Proposed Order)(Nebeker, William) (Entered: 11/29/2005)
2005-11-3026NOTICE Of Filing (DHS) by NATIONAL PARK SERVICE, U.S. DEPARTMENT OF THE INTERIOR, U.S. FISH AND WILDLIFE SERVICE, U.S.D.A. FOREST SERVICE, UNITED STATES BORDER PATROL, BUREAU OF CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY re 25 MOTION to Dismiss Or, In The Alternative MOTION for Summary Judgment MOTION for Summary Judgment (Attachments: # 1 Affidavit Ortiz# 2 Exhibit Amended Vaughn Index# 3 Affidavit Withnell# 4 Affidavit Angulo# 5 Affidavit Gleason)(Nebeker, William) (Entered: 11/30/2005)
2005-11-3027NOTICE Of Filing (Interior) by NATIONAL PARK SERVICE, U.S. DEPARTMENT OF THE INTERIOR, U.S. FISH AND WILDLIFE SERVICE, U.S.D.A. FOREST SERVICE, UNITED STATES BORDER PATROL, BUREAU OF CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY re 25 MOTION to Dismiss Or, In The Alternative MOTION for Summary Judgment MOTION for Summary Judgment (Attachments: # 1 Affidavit 3rd Harris# 2 Affidavit Tade# 3 Affidavit Cornes# 4 Affidavit Sloca# 5 Affidavit O'Brian)(Nebeker, William) (Entered: 11/30/2005)
2005-12-1928Unopposed MOTION for Extension of Time to File Opposition to Motion to Dismiss by DEFENDERS OF WILDLIFE. (Attachments: # 1 Text of Proposed Order)(Segee, Brian) (Entered: 12/19/2005)
2005-12-20MINUTE ORDER granting 28 plaintiff's unopposed motion for extension of time up to and including January 30, 2006 within which plaintiff may file its opposition to defendants' motion to dismiss or in the alternative motion for summary judgment. Signed by Judge Paul L. Friedman on December 20, 2005. (MA) (Entered: 12/20/2005)
2006-01-2429Unopposed MOTION for Extension of Time to File Opposition to Defendants' Motion to Dismiss, or in the Alternative, for Summary Judgment by DEFENDERS OF WILDLIFE. (Attachments: # 1 Text of Proposed Order)(Segee, Brian) (Entered: 01/24/2006)
2006-01-26MINUTE ORDER granting 29 plaintiff's unopposed motion for extension of time up to and including February 9, 2006 to file its opposition to defendants' motion to dismiss. Signed by Judge Paul L. Friedman on January 26, 2006. (MA) (Entered: 01/26/2006)
2006-02-0930Cross MOTION for Summary Judgment and in Opposition to Defendants' Motion to Dismiss, or in the Alternative, for Summary Judgment by DEFENDERS OF WILDLIFE. (Attachments: # 1 Text of Proposed Order # 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)(Segee, Brian) (Entered: 02/09/2006)
2006-02-0931NOTICE of Filing by DEFENDERS OF WILDLIFE re 30 Cross MOTION for Summary Judgment and in Opposition to Defendants' Motion to Dismiss, or in the Alternative, for Summary Judgment (Attachments: # 1 Exhibit Q# 2 Exhibit R# 3 Exhibit S# 4 Exhibit T# 5 Errata U# 6 Exhibit V# 7 Exhibit W# 8 Exhibit X# 9 Exhibit Y# 10 Exhibit Z# 11 Exhibit AA# 12 Exhibit BB# 13 Exhibit CC# 14 Exhibit DD# 15 Errata EE# 16 Exhibit FF# 17 Exhibit GG# 18 Exhibit HH# 19 Exhibit II)(Segee, Brian) (Entered: 02/09/2006)
2006-02-0932Memorandum in opposition to re 25 Defendants' motion to dismiss, or in the alternative, for summary judgment filed by DEFENDERS OF WILDLIFE. (Attachments: # 1 Text of Proposed Order # 2 Notice of Exhibits Separately Filed)(Segee, Brian) (Entered: 02/09/2006)
2006-02-1733Unopposed MOTION for Extension of Time to File Response/Reply as to 32 Memorandum in Opposition,, 30 Cross MOTION for Summary Judgment and in Opposition to Defendants' Motion to Dismiss, or in the Alternative, for Summary Judgment by NATIONAL PARK SERVICE, U.S. DEPARTMENT OF THE INTERIOR, U.S. FISH AND WILDLIFE SERVICE, U.S.D.A. FOREST SERVICE, UNITED STATES BORDER PATROL, BUREAU OF CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY. (Attachments: # 1 Text of Proposed Order)(Nebeker, William) (Entered: 02/17/2006)
2006-02-22MINUTE ORDER granting 33 defendants' unopposed motion for enlargement of time up to and including March 28, 2006 within which to reply to plaintiff's opposition 32 and cross-motion 30 . Signed by Judge Paul L. Friedman on February 22, 2006. (MA) (Entered: 02/22/2006)
2006-03-2734Unopposed MOTION for Extension of Time to File Response/Reply as to 25 MOTION to Dismiss Or, In The Alternative MOTION for Summary Judgment MOTION for Summary Judgment, 30 Cross MOTION for Summary Judgment and in Opposition to Defendants' Motion to Dismiss, or in the Alternative, for Summary Judgment by NATIONAL PARK SERVICE, U.S. DEPARTMENT OF THE INTERIOR, U.S. FISH AND WILDLIFE SERVICE, U.S.D.A. FOREST SERVICE, UNITED STATES BORDER PATROL, BUREAU OF CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY. (Attachments: # 1 Text of Proposed Order)(Nebeker, William) Modified on 3/28/2006 (td, ). Modified on 3/28/2006 (td, ). (Entered: 03/27/2006)
2006-03-27NOTICE OF CORRECTED DOCKET ENTRY: re 34 Unopposed MOTION for Extension of Time to File Response/Reply as to 25 MOTION to Dismiss Or, In The Alternative MOTION for Summary Judgment MOTION for Summary Judgment, 30 Cross MOTION for Summary Judgment and in Opposition to Defendants&� was entered in error and counsel was instructed to refile said pleading. (td, ) (Entered: 03/28/2006)
2006-03-30MINUTE ORDER granting 34 defendants' unopposed motion for an enlargement of time up to and including April 18, 2006 by which defendants may file a response to plaintiff's cross-motion for summary judgment and a reply to plaintiff's opposition herein; any reply by plaintiff shall be due on or before May 10, 2006. Signed by Judge Paul L. Friedman on March 30, 2006. (MA) (Entered: 03/30/2006)
2006-04-1735Unopposed MOTION for Extension of Time to File Response/Reply as to 25 MOTION to Dismiss Or, In The Alternative MOTION for Summary Judgment MOTION for Summary Judgment, 30 Cross MOTION for Summary Judgment and in Opposition to Defendants' Motion to Dismiss, or in the Alternative, for Summary Judgment by NATIONAL PARK SERVICE, U.S. DEPARTMENT OF THE INTERIOR, U.S. FISH AND WILDLIFE SERVICE, U.S.D.A. FOREST SERVICE, UNITED STATES BORDER PATROL, BUREAU OF CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY. (Attachments: # 1 Text of Proposed Order)(Nebeker, William) (Entered: 04/17/2006)
2006-04-19MINUTE ORDER granting 35 defendants' unopposed motion for enlargement of time up to and including June 2, 2006 within which to file a response to plaintiff's cross motion for summary judgment and a reply to plaintiff's opposition. Signed by Judge Paul L. Friedman on April 19, 2006. (MA) (Entered: 04/19/2006)
2006-05-2336NOTICE Of Filing Department Of Interior's Second Supplemental Vaughn Declaration by NATIONAL PARK SERVICE, U.S. DEPARTMENT OF THE INTERIOR, U.S. FISH AND WILDLIFE SERVICE, U.S.D.A. FOREST SERVICE, UNITED STATES BORDER PATROL, BUREAU OF CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY (Attachments: # 1 Affidavit DOI's Supplemental Vaughn Declaration# 2 Exhibit DOI_Vaughn Letter)(Nebeker, William) (Entered: 05/23/2006)
2006-06-0137Unopposed MOTION for Extension of Time to File Response/Reply as to 30 Cross MOTION for Summary Judgment and in Opposition to Defendants' Motion to Dismiss, or in the Alternative, for Summary Judgment , 25 MOTION to Dismiss Or, In The Alternative MOTION for Summary Judgment MOTION for Summary Judgment by NATIONAL PARK SERVICE, U.S. DEPARTMENT OF THE INTERIOR, U.S. FISH AND WILDLIFE SERVICE, U.S.D.A. FOREST SERVICE, UNITED STATES BORDER PATROL, BUREAU OF CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY. (Nebeker, William) (Entered: 06/01/2006)
2006-06-05MINUTE ORDER granting 37 defendants' unopposed motion for an enlargement of time up to and including June 9, 2006 within which to file a response to plaintiff's cross-motion for summary judgment and a reply to plaintiff's opposition to defendants' dispositive motion; plaintiff's reply shall be due on or before June 30, 2006. Signed by Judge Paul L. Friedman on June 5, 2006.(MA) (Entered: 06/05/2006)
2006-06-0938REPLY to opposition to motion re 25 Cross MOTION for Summary Judgment and in Opposition to Defendants' Motion to Dismiss, or in the Alternative, for Summary Judgment filed by NATIONAL PARK SERVICE, U.S. DEPARTMENT OF THE INTERIOR, U.S. FISH AND WILDLIFE SERVICE, U.S.D.A. FOREST SERVICE, UNITED STATES BORDER PATROL, BUREAU OF CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E)(Nebeker, William) Modified on 6/12/2006 (nmw, ). (Entered: 06/09/2006)
2006-06-0939Memorandum in opposition to re 30 Cross MOTION for Summary Judgment filed by NATIONAL PARK SERVICE, U.S. DEPARTMENT OF THE INTERIOR, U.S. FISH AND WILDLIFE SERVICE, U.S.D.A. FOREST SERVICE, UNITED STATES BORDER PATROL, BUREAU OF CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY. (Please see Document No. 38 for scanned images). (nmw, ) (Entered: 06/12/2006)
2006-06-2940REPLY to opposition to motion re 30 Cross MOTION for Summary Judgment and in Opposition to Defendants' Motion to Dismiss, or in the Alternative, for Summary Judgment filed by DEFENDERS OF WILDLIFE. (Attachments: # 1 Exhibit A)(Segee, Brian) (Entered: 06/29/2006)
2008-09-0541MOTION Request for Status Hearing by DEFENDERS OF WILDLIFE (Segee, Brian) (Entered: 09/05/2008)
2009-06-1142ORDER denying 30 plaintiff's Motion for Summary Judgment; denying without prejudice 25 defendants' motion to dismiss; denying without prejudice 25 defendants' Motion for Summary Judgment. Signed by Judge Paul L. Friedman on June 11, 2009. (MA) (Entered: 06/11/2009)
2009-06-1143OPINION that defendants must amend or supplement the Vaughn Index and accompanying declarations. An order accompanying this opinion will issue this same day. Signed by Judge Paul L. Friedman on June 11, 2009. (MA) (Entered: 06/11/2009)
2009-06-11Set/Reset Deadlines: Amended Vaughn Index and supplemental affidavits or declarations due 7/13/2009. Defenants' renewed motion for summary judgment due 8/14/2009. Plaintiff's response and/or cross-motion for summary judgment due 10/14/2009. (mm) (Entered: 06/12/2009)
2009-07-0644Unopposed MOTION for Extension of Time to File Vaughn Index, Declarations and Renewed Summary Judgment Motion by NATIONAL PARK SERVICE, U.S. DEPARTMENT OF THE INTERIOR, U.S. FISH AND WILDLIFE SERVICE, U.S.D.A. FOREST SERVICE, UNITED STATES BORDER PATROL, BUREAU OF CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY (Attachments: # 1 Text of Proposed Order)(Nebeker, William) (Entered: 07/06/2009)
2009-07-07MINUTE ORDER granting 44 defendants' unopposed motion for extension of time within which to comply with the Court's June 11, 2009 order. Defendants may file a revised Vaughn Index and explanatory declarations on or before August 14, 2009, as to non-electronic documents; defendants shall also update the court by August 14, 2009 as to the existence and status of any electronic files discovered in searching for documents responsive to plaintiff's FOIA request; and defendants shall file a renewed summary judgment motion in response to the complaint on or before September 14, 2009. Signed by Judge Paul L. Friedman on July 7, 2009. (MA) (Entered: 07/07/2009)
2009-07-07Set/Reset Deadlines: Defendants to file revised Vaughn Index and explanatory declarations by 8/14/2009. Renewed Summary Judgment Motion due by 9/14/2009. (mm) (Entered: 07/13/2009)
2009-07-0845NOTICE of Filing Declaration of Mark Hanson by NATIONAL PARK SERVICE, U.S. DEPARTMENT OF THE INTERIOR, U.S. FISH AND WILDLIFE SERVICE, U.S.D.A. FOREST SERVICE, UNITED STATES BORDER PATROL, BUREAU OF CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY re Order on Motion for Extension of Time to File,, (Attachments: # 1 Declaration of Mark Hanson)(Nebeker, William) (Entered: 07/08/2009)
2009-08-1346Unopposed MOTION for Extension of Time to File Dispositive Motion And Index with Status Report by NATIONAL PARK SERVICE, UNITED STATES BORDER PATROL, BUREAU OF CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY (Attachments: # 1 Text of Proposed Order, # 2 Affidavit Yadav, # 3 Affidavit Stacey)(Nebeker, William) (Entered: 08/13/2009)
2009-08-1747NOTICE of Appearance by Jason C. Rylander on behalf of DEFENDERS OF WILDLIFE (Rylander, Jason) (Entered: 08/17/2009)
2009-08-1948ORDER granting 46 Unopposed Motion for Extension of Time. Defendants shall complete the re-review of all documents previously identified in its earlier Vaughn Index, releasing those that can be released by September 1, 2009, providing to Plaintiff's counsel a new Vaughn Index as to those documents. See Order for further specifics. Signed by Judge Paul L. Friedman on 8/17/2009. (mm) (Entered: 08/19/2009)
2009-08-19Set/Reset Deadlines: Defendants to complete re-review of all documents previously identified in its earlier Vaughn Index and release those that can be released by 9/1/2009. (mm, ) (Entered: 08/19/2009)
2009-08-2649NOTICE OF WITHDRAWAL OF APPEARANCE as to DEFENDERS OF WILDLIFE. Attorney Brian Paul Segee terminated. (Segee, Brian) (Entered: 08/26/2009)
2009-09-0150NOTICE Of Filing by NATIONAL PARK SERVICE, U.S. DEPARTMENT OF THE INTERIOR, U.S. FISH AND WILDLIFE SERVICE, U.S.D.A. FOREST SERVICE, UNITED STATES BORDER PATROL, BUREAU OF CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY (Attachments: # 1 Exhibit Vaughn Index, # 2 Declaration)(Nebeker, William) (Entered: 09/01/2009)
2009-11-1651STATUS REPORT by NATIONAL PARK SERVICE, U.S. DEPARTMENT OF THE INTERIOR, U.S. FISH AND WILDLIFE SERVICE, U.S.D.A. FOREST SERVICE, UNITED STATES BORDER PATROL, BUREAU OF CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY. (Nebeker, William) (Entered: 11/16/2009)
2010-01-0552NOTICE of Appearance by Daria J. Zane on behalf of BUREAU OF CUSTOMS AND BORDER PROTECTION, NATIONAL PARK SERVICE, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. DEPARTMENT OF THE INTERIOR, U.S. FISH AND WILDLIFE SERVICE, U.S.D.A. FOREST SERVICE, UNITED STATES BORDER PATROL (Zane, Daria) (Entered: 01/05/2010)
2010-01-1453STATUS REPORT by Department of Homeland Security and by BUREAU OF CUSTOMS AND BORDER PROTECTION. (Zane, Daria) (Entered: 01/14/2010)
2010-01-28MINUTE ORDER: In light of the status report filed by the defendants on January 14, 2010, it is hereby ORDERED that the defendants shall continue to review and make rolling releases of documents responsive to the plaintiff's requests. Defendants shall file a further status report on or before March 9, 2010. It is FURTHER ORDERED that in future status reports, the defendants shall state whether plaintiffs counsel has agreed to any proposals made in the reports. Signed by Judge Paul L. Friedman on January 28, 2010. (MA) (Entered: 01/28/2010)
2010-01-28Set/Reset Deadlines: Defendants' Status Report due by 3/9/2010. (zmm, ) (Entered: 01/29/2010)
2010-03-0954STATUS REPORT of Defendants by BUREAU OF CUSTOMS AND BORDER PROTECTION. (Zane, Daria) (Entered: 03/09/2010)
2010-05-2055STATUS REPORT by UNITED STATES BORDER PATROL. (Zane, Daria) (Entered: 05/20/2010)
2010-05-25MINUTE ORDER: In light of the status report filed by the defendants with the consent of the plaintiff on May 20, 2010, it is hereby ORDERED that the defendants shall continue to review and make rolling releases of documents responsive to the plaintiff's requests. Defendants shall file a further status report on or before July 22, 2010. Signed by Judge Paul L. Friedman on May 25, 2010. (MA) (Entered: 05/25/2010)
2010-05-25Set/Reset Deadlines: Status Report due by 7/22/2010. (zmm, ) (Entered: 05/26/2010)
2010-07-2256STATUS REPORT (Consent) by BUREAU OF CUSTOMS AND BORDER PROTECTION. (Zane, Daria) (Entered: 07/22/2010)
2010-07-26MINUTE ORDER: In light of the status report filed by the defendants with the consent of the plaintiff on July 22, 2010, it is hereby ORDERED that the defendants shall continue to review and make rolling releases of documents responsive to the plaintiff's requests. Defendants shall file a further status report on or before September 23, 2010. Signed by Judge Paul L. Friedman on July 26, 2010. (lcplf2) (Entered: 07/26/2010)
2010-07-26Set/Reset Deadlines: Status Report due by 9/23/2010. (zmm, ) (Entered: 07/27/2010)
2010-09-2357STATUS REPORT by U.S. DEPARTMENT OF HOMELAND SECURITY. (Zane, Daria) (Entered: 09/23/2010)
2010-09-27MINUTE ORDER: In light of the status report filed by the defendants on September 23, 2010, it is hereby ORDERED that the defendants shall release further documents to the plaintiff on or before November 17, 2010. Defendants shall file another status report on or before November 22, 2010. On or before December 17, 2010, the parties shall submit a joint status report proposing a schedule for further proceedings in this matter. Signed by Judge Paul L. Friedman on September 27, 2010. (MA) (Entered: 09/27/2010)
2010-09-27Set/Reset Deadlines: Defendants to release further documents to plaintiff by 11/17/2010. Defendants to file Status Report by 11/22/2010. Parties to submit Joint Status Report by 12/17/2010. (zmm, ) (Entered: 09/29/2010)
2010-11-2258STATUS REPORT by BUREAU OF CUSTOMS AND BORDER PROTECTION. (Zane, Daria) (Entered: 11/22/2010)
2010-12-1759STATUS REPORT (Joint) by BUREAU OF CUSTOMS AND BORDER PROTECTION, DEFENDERS OF WILDLIFE. (Zane, Daria) (Entered: 12/17/2010)
2010-12-21MINUTE ORDER: In light of the status report filed by the parties on December 17, 2010, it is hereby ORDERED that, on or before January 18, 2011, the parties shall submit a further joint status report in which they identify any remaining disputed issues and propose a briefing schedule, if necessary. Signed by Judge Paul L. Friedman on December 21, 2010. (lcplf2) (Entered: 12/21/2010)
2010-12-21Set/Reset Deadlines: Joint Status Report due by 1/18/2011. (zmm, ) (Entered: 12/23/2010)
2011-01-1860STATUS REPORT (Joint) by BUREAU OF CUSTOMS AND BORDER PROTECTION, DEFENDERS OF WILDLIFE. (Zane, Daria) (Entered: 01/18/2011)
2011-02-1461NOTICE of Appearance by Adam M. Kron on behalf of DEFENDERS OF WILDLIFE (Kron, Adam) (Entered: 02/14/2011)
2011-02-1762STATUS REPORT (Joint) by BUREAU OF CUSTOMS AND BORDER PROTECTION, DEFENDERS OF WILDLIFE. (Zane, Daria) (Entered: 02/17/2011)
2011-02-22MINUTE ORDER: In light of the status report filed by the parties on February 17, 2011, it is hereby ORDERED that, on or before March 11, 2011, the parties shall submit a further joint status report in which they identify any remaining disputed issues and propose a briefing schedule, if necessary. Signed by Judge Paul L. Friedman on February 22, 2011. (lcplf2) (Entered: 02/22/2011)
2011-02-22Set/Reset Deadlines: Joint Status Report due by 3/11/2011. (zmm, ) (Entered: 02/23/2011)
2011-03-1163STATUS REPORT (Joint) by BUREAU OF CUSTOMS AND BORDER PROTECTION, DEFENDERS OF WILDLIFE. (Zane, Daria) (Entered: 03/11/2011)
2011-03-1264ENTERED IN ERROR. . . . .NOTICE OF SUBSTITUTION OF COUNSEL by Daria J. Zane on behalf of BUREAU OF CUSTOMS AND BORDER PROTECTION Substituting for attorney Daria J. Zane (Zane, Daria) Modified on 3/14/2011 (td, ). (Entered: 03/12/2011)
2011-03-1265NOTICE OF SUBSTITUTION OF COUNSEL by Daria J. Zane on behalf of All Defendants Substituting for attorney Daria J. Zane (Zane, Daria) (Entered: 03/12/2011)
2011-03-14NOTICE OF ERROR re 64 Substitution of Counsel; emailed to daria.zane@usdoj.gov, cc'd 7 associated attorneys -- The PDF file you docketed contained errors: 1. Incorrect header/caption/case number, 2. Please refile document, 3. Please file in the correct case number (td, ) (Entered: 03/14/2011)
2011-03-14MINUTE ORDER: In light of the status report filed by the parties on March 11, 2011, it is hereby ORDERED that, on or before April 25, 2011, the parties shall submit a further joint status report in which they identify any remaining disputed issues and propose a briefing schedule, if necessary. Signed by Judge Paul L. Friedman on March 14, 2011. (MA) (Entered: 03/14/2011)
2011-03-14Set/Reset Deadlines: Joint Status Report due by 4/25/2011. (zmm, ) (Entered: 03/28/2011)
2011-04-2566STATUS REPORT (Joint) by BUREAU OF CUSTOMS AND BORDER PROTECTION, DEFENDERS OF WILDLIFE, UNITED STATES BORDER PATROL. (Kron, Adam) (Entered: 04/25/2011)
2011-04-26MINUTE ORDER: In light of the status report filed by the parties on April 25, 2011, it is hereby ORDERED that, on or before June 9, 2011, the parties shall submit a further joint status report in which they identify any remaining disputed issues and propose a briefing schedule, if necessary. Signed by Judge Paul L. Friedman on April 26, 2011. (lcplf2) (Entered: 04/26/2011)
2011-04-26Set/Reset Deadlines: Joint Status Report due by 6/9/2011. (zmm, ) (Entered: 04/27/2011)
2011-06-0967STATUS REPORT by BUREAU OF CUSTOMS AND BORDER PROTECTION, DEFENDERS OF WILDLIFE, U.S. DEPARTMENT OF HOMELAND SECURITY, UNITED STATES BORDER PATROL. (Kron, Adam) (Entered: 06/09/2011)
2011-06-15MINUTE ORDER: In light of the status report filed by the parties on June 9, 2011, it is hereby ORDERED that, on or before July 25, 2011, the parties shall submit a further joint status report in which they identify any remaining disputed issues and propose a briefing schedule, if necessary. Signed by Judge Paul L. Friedman on June 15, 2011. (MA) (Entered: 06/15/2011)
2011-06-15Set/Reset Deadlines: Joint Status Report due by 7/25/2011. (zmm, ) (Entered: 06/16/2011)
2011-07-2568STATUS REPORT by BUREAU OF CUSTOMS AND BORDER PROTECTION, DEFENDERS OF WILDLIFE, U.S. DEPARTMENT OF HOMELAND SECURITY, UNITED STATES BORDER PATROL. (Kron, Adam) (Entered: 07/25/2011)
2011-07-27MINUTE ORDER: In light of the status report filed by the parties on July 25, 2011, it is hereby ORDERED that, on or before August 24, 2011, the parties shall submit a further joint status report in which they identify any remaining disputed issues and propose a briefing schedule, if necessary. Signed by Judge Paul L. Friedman on July 27, 2011. (lcplf2) (Entered: 07/27/2011)
2011-07-27Set/Reset Deadlines: Joint Status Report due by 8/24/2011. (zmm, ) (Entered: 07/28/2011)
2011-08-2469STATUS REPORT (JOINT) by BUREAU OF CUSTOMS AND BORDER PROTECTION, DEFENDERS OF WILDLIFE, U.S. DEPARTMENT OF HOMELAND SECURITY, UNITED STATES BORDER PATROL. (Kron, Adam) (Entered: 08/24/2011)
2011-08-25MINUTE ORDER: In light of the status report filed by the parties on August 24, 2011, it is hereby ORDERED that, on or before September 23, 2011, the parties shall submit either (1) a proposed settlement and stipulation of dismissal, or (2) a further joint status report. Signed by Judge Paul L. Friedman on August 25, 2011. (lcplf2) (Entered: 08/25/2011)
2011-08-25Set/Reset Deadlines: Parties to submit either (1) a proposed settlement and stipulation of dismissal, or (2) a further joint status report due by 9/23/2011. (zmm, ) (Entered: 08/26/2011)
2011-09-2370STIPULATION of Dismissal and Settlement by BUREAU OF CUSTOMS AND BORDER PROTECTION, NATIONAL PARK SERVICE, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. DEPARTMENT OF THE INTERIOR, U.S. FISH AND WILDLIFE SERVICE, U.S.D.A. FOREST SERVICE, UNITED STATES BORDER PATROL. (Weinstein, Laurie) (Entered: 09/23/2011)
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