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Case TitlePUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY v. UNITED STATES ARMY CORPS OF ENGINEERS
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2008cv01330
Date Filed2008-08-01
Date Closed2009-09-17
JudgeJudge Colleen Kollar-Kotelly
PlaintiffPUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY (PEER)
DefendantUNITED STATES ARMY CORPS OF ENGINEERS (USACE)
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

2008-08-011COMPLAINT against UNITED STATES ARMY CORPS OF ENGINEERS ( Filing fee $ 350, receipt number 4616014125) filed by PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit)(td, ) (Additional attachment(s) added on 8/5/2008: # 4 Civil Cover Sheet) (td, ). (Entered: 08/05/2008)
2008-08-01SUMMONS (3) Issued as to UNITED STATES ARMY CORPS OF ENGINEERS, U.S. Attorney and U.S. Attorney General (td, ) (Entered: 08/05/2008)
2008-09-042ORDER Establishing Procedures for Electronic Filing for Cases Assigned to Judge Colleen Kollar-Kotelly on September 4, 2008. (SM) (Entered: 09/04/2008)
2008-09-103RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on Attorney General. Date of Service Upon Attorney General 09/03/2008. (Dinerstein, Paula) (Entered: 09/10/2008)
2008-09-104SUMMONS Returned Executed by PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY. UNITED STATES ARMY CORPS OF ENGINEERS served on 9/5/2008, answer due 10/6/2008. (Dinerstein, Paula) (Entered: 09/10/2008)
2008-09-105SUMMONS Returned Executed by PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY. (Dinerstein, Paula) (Entered: 09/10/2008)
2008-10-066Consent MOTION for Extension of Time to File Answer re 1 Complaint, by UNITED STATES ARMY CORPS OF ENGINEERS (Graham-Oliver, Heather) (Entered: 10/06/2008)
2008-10-08MINUTE ORDER granting 6 Defendant's Consent Motion for Extension of Time to Answer, Move or Otherwise Plead to Plaintiff's Complaint. Accordingly, the Defendant shall have until and including October 20, 2008, to respond to Plaintiff's complaint. The Court reminds Defendant that it is not timely filed if filed the day pleading is due. Signed by Judge Colleen Kollar-Kotelly on October 8, 2008. (SM) (Entered: 10/08/2008)
2008-10-09Set/Reset Deadlines: Answer/Response due by 10/20/2008 (gdf) (Entered: 10/09/2008)
2008-10-207Defendant's ANSWER to 1 Complaint, by UNITED STATES ARMY CORPS OF ENGINEERS. Related document: 1 Complaint, filed by PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY.(Graham-Oliver, Heather) (Entered: 10/20/2008)
2008-10-218ORDER. The parties shall confer and propose a schedule for proceeding in this matter. The schedule should address the status of Plaintiff's FOIA request, whether any productions are anticipated in response to Plaintiff's FOIA request, whether a Vaughn index will be required in this case, and should set forth a schedule for the briefing of dispositive motions, if appropriate. The parties shall file the schedule not later than November 21, 2008. Signed by Judge Colleen Kollar-Kotelly on October 21, 2008. (lcckk2) (Entered: 10/21/2008)
2008-10-23Set/Reset Deadlines: Schedule for proceedings due by 11/21/2008. (gdf) (Entered: 10/23/2008)
2008-11-219NOTICE of Proposed Order Regarding Briefing Schedule by UNITED STATES ARMY CORPS OF ENGINEERS (Graham-Oliver, Heather) (Entered: 11/21/2008)
2008-11-26VACATED IN PART PURSUANT TO MINUTE ORDER FILED 1/12/2009.....MINUTE ORDER: Pursuant to a Notice filed by the parties on November 21, 2008, the Court hereby adopts the proposed schedule with corrected year on some dates. Accordingly, the following schedule shall be followed: Plaintiff's Motion for Summary Judgment on Fee Waiver Issue due by December 15, 2008, Defendant's Opposition to fee waiver issue due by January 15, 2009, and Plaintiff's Reply due by January 30, 2009; AND Document production w/Vaughn index due on or before May 21, 2009, Defendant's Motion for Summary Judgment due by June 22, 2009, Plaintiff's Opposition due by July 22, 2009, and Defendant's Reply due by August 5, 2009. Signed by Judge Colleen Kollar-Kotelly on November 26, 2008. (SM, ) Modified on 1/13/2009 (znmw, ). (Entered: 11/26/2008)
2008-12-1210Consent MOTION for Extension of Time to File Motion for Summary Judgment by PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY (Attachments: # 1 Text of Proposed Order)(Dinerstein, Paula) (Entered: 12/12/2008)
2008-12-12Set/Reset Deadlines: Plaintiff's Summary Judgment motions due by 1/12/2009. (dot, ) (Entered: 12/24/2008)
2008-12-15MINUTE ORDER (paperless) GRANTING Plaintiff's 10 Consent Motion for Extension of Time to File Motion for Summary Judgment. Accordingly, Plaintiff shall have until and including January 12, 2009 to file its motion for summary judgment. The remaining dates contained in the Court's November 26, 2008 Minute Order for document production and a Vaughn Index shall remain in force. Signed by Judge Colleen Kollar-Kotelly on December 15, 2008. (lcckk2) (Entered: 12/15/2008)
2009-01-1211NOTICE re: Motion for Summary Judgment Notice by PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY (Dinerstein, Paula) Modified on 1/13/2009 (nmw, ). (Entered: 01/12/2009)
2009-01-12MINUTE ORDER (paperless). Upon review of Plaintiff's 11 Notice Concerning Plaintiff's Motion for Summary Judgment Concerning Fee Waiver, in which Plaintiff represents that the denial of a fee wavier is no longer an issue in this case, the Court shall VACATE AS MOOT the Court's scheduling order (11/26/08 Min. Order) to the extent it provided dates for the filing of a dispositive motion on the fee waiver issue. The remainder of the Court's scheduling order remains intact. Accordingly, Defendant's document production with the Vaughn index is due on or before May 21, 2009, Defendant's Motion for Summary Judgment is due on or before June 22, 2009, Plaintiff's Opposition is due on or before July 22, 2009, and Defendant's Reply is due on or before August 5, 2009. Signed by Judge Colleen Kollar-Kotelly on January 12, 2009.(lcckk2) (Entered: 01/12/2009)
2009-05-1912Consent MOTION to Amend/Correct Order on Motion for Summary Judgment,,, and Production of Documents by UNITED STATES ARMY CORPS OF ENGINEERS (Attachments: # 1 Text of Proposed Order)(Graham-Oliver, Heather) (Entered: 05/19/2009)
2009-05-21MINUTE ORDER granting 12 Defendant's Consent Motion to Amend Scheduling Order. Accordingly, the Schedule is amended as follows: Defendant is to produce the balance of the documents with the Vaughn Index to the Plaintiff by no later than June 21, 2009; Defendant's Motion for Summary Judgment is due on or before July 23, 2009; Plaintiff's Opposition is due on or before August 24, 2009; and Defendant's Reply is due on or before August 31, 2009. Signed by Judge Colleen Kollar-Kotelly on May 21, 2009. (SM) (Entered: 05/21/2009)
2009-05-21Set/Reset Deadlines: Defendant's Summary Judgment motions due by 7/23/2009. Response to Motion for Summary Judgment due by 8/24/2009. Reply to Motion for Summary Judgment due by 8/31/2009. (dot, ) (Entered: 05/22/2009)
2009-07-2313Consent MOTION to Vacate Scheduling Order by UNITED STATES ARMY CORPS OF ENGINEERS (Graham-Oliver, Heather) (Entered: 07/23/2009)
2009-07-24MINUTE ORDER (paperless) GRANTING Defendant's 13 Consent Motion to Amend Scheduling Order. The parties have advised the Court that they have settled all issues regarding the merits of the instant FOIA action. Defendant has completed its production of the documents in response to the underlying FOIA request, and Plaintiff does not intend to challenge any of the withholdings. Accordingly, as the parties have resolved the merits of their dispute, the Court hereby VACATES all pending filing deadlines related to the merits of this case, as requested by Defendant and consented to by Plaintiff. The parties further advise the Court that Plaintiff intends to seek attorneys' fees, and the parties are currently engaged in ongoing settlement discussions as to that issue only. In the event the parties are unable to resolve the question of attorneys' fees without Court intervention, Plaintiff shall file a motion to recover attorneys' fees on or before July 31, 2009. Defendant's Opposition shall be due on or before August 14, 2009, and Plaintiff's Reply, if any, due on or before August 26, 2009. Signed by Judge Colleen Kollar-Kotelly on July 24, 2009. (lcckk2 ) (Entered: 07/24/2009)
2009-07-24Set Deadlines: Plaintiff's Motion to Recover Attorney's Fees due by 7/31/2009. Defendant's Oppositions due by 8/14/2009. Plaintiff's Reply, if any, due by 8/26/2009. (cp, ) (Entered: 07/27/2009)
2009-07-24Set/Reset Deadlines: Plaintiff's Motion to recover attorneys' fees due by 7/31/2009. Responses due by 8/14/2009 Replies due by 8/26/2009. (dot, ) (Entered: 07/27/2009)
2009-07-2914MOTION for Extension of Time to File Motion for Attorneys Fees by PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY (Attachments: # 1 Text of Proposed Order)(Dinerstein, Paula) (Entered: 07/29/2009)
2009-07-31MINUTE ORDER granting 14 Plaintiff's Consent Motion for Extension of Time to File Motion for Attorneys' Fees. Accordingly, the parties will either report to the Court that they have settled the matter; or, Plaintiff will file a motion for attorneys' fees and costs no later than September 18, 2009, Defendant will file its opposition to the motion no later than October 2, 2009, and Plaintiff will file a reply, if any, no later than October 16, 2009. Signed by Judge Colleen Kollar-Kotelly on July 31, 2009. (SM) (Entered: 07/31/2009)
2009-07-31Set/Reset Deadlines: Motion due by 9/18/2009. Response due by 10/2/2009 Reply due by 10/16/2009. (dot, ) (Entered: 08/05/2009)
2009-09-1715STIPULATION of Dismissal and Settlement by UNITED STATES ARMY CORPS OF ENGINEERS. (Graham-Oliver, Heather) (Entered: 09/17/2009)
2009-09-1716STIPULATION OF SETTLEMENT, RELEASE AND ORDER OF DISMISSAL. Signed by Judge Colleen Kollar-Kotelly on 9/17/09. (dot, ) (Entered: 09/19/2009)
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