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Case TitleCENTER FOR BIOLOGICAL DIVERSITY et al v. UNITED STATES DEPARTMENT OF STATE
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2017cv00937
Date Filed2017-05-18
Date Closed2021-04-12
JudgeJudge Tanya S. Chutkan
PlaintiffCENTER FOR BIOLOGICAL DIVERSITY
PlaintiffTHOMAS BACHAND
Case DescriptionThe Center for Biological Diversity submitted a number of FOIA requests to the Department of State for records concerning the Keystone Pipeline. The agency told the Center that it had no records in response to its request for route mapping data. The Center filed a complaint with the Office of Government Information Services, which told the Center that the agency would not participate in mediation of the request. The agency failed to respond to the other Center requests and the Center eventually filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantUNITED STATES DEPARTMENT OF STATE
DefendantDEPARTMENT OF STATE
2201 C Street NW
Washington, DC 20520
DefendantUNITED STATES FISH AND WILDLIFE SERVICE
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

2017-05-181COMPLAINT against UNITED STATES DEPARTMENT OF STATE ( Filing fee $ 400 receipt number 0090-4956169) filed by CENTER FOR BIOLOGICAL DIVERSITY, Thomas BACHAND. (Attachments: # 1 Civil Cover Sheet Civil Cover Sheet, # 2 Summons for DOS (proposed), # 3 Summons for US Atty (Proposed), # 4 Summons for AG (Proposed))(Bahr, David) (Entered: 05/18/2017)
2017-05-182REQUEST FOR SUMMONS TO ISSUE For US Attorney re 1 Complaint, filed by CENTER FOR BIOLOGICAL DIVERSITY, Thomas BACHAND. Related document: 1 Complaint, filed by Thomas BACHAND, CENTER FOR BIOLOGICAL DIVERSITY.(Bahr, David) (Entered: 05/18/2017)
2017-05-183Corporate Disclosure Statement by Thomas BACHAND, CENTER FOR BIOLOGICAL DIVERSITY. (Bahr, David) (Entered: 05/18/2017)
2017-05-18Case Assigned to Judge Tanya S. Chutkan. (md) (Entered: 05/19/2017)
2017-05-194SUMMONS (3) Issued Electronically as to UNITED STATES DEPARTMENT OF STATE, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice of Consent) (md) (Entered: 05/19/2017)
2017-06-135REQUEST FOR SUMMONS TO ISSUE against Department of State (via Executive Office of Legal Advisor) re 1 Complaint, filed by CENTER FOR BIOLOGICAL DIVERSITY, THOMAS BACHAND. Related document: 1 Complaint, filed by THOMAS BACHAND, CENTER FOR BIOLOGICAL DIVERSITY.(Bahr, David) (Entered: 06/13/2017)
2017-06-146SUMMONS (1) Reissued Electronically as to UNITED STATES DEPARTMENT OF STATE (zrdj) (Entered: 06/14/2017)
2017-06-217AMENDED COMPLAINT against UNITED STATES DEPARTMENT OF STATE, UNITED STATES FISH AND WILDLIFE SERVICE filed by CENTER FOR BIOLOGICAL DIVERSITY, THOMAS BACHAND.(Bahr, David) (Entered: 06/21/2017)
2017-06-228REQUEST FOR SUMMONS TO ISSUE for US FWS re 7 Amended Complaint filed by CENTER FOR BIOLOGICAL DIVERSITY, THOMAS BACHAND. Related document: 7 Amended Complaint filed by THOMAS BACHAND, CENTER FOR BIOLOGICAL DIVERSITY.(Bahr, David) (Entered: 06/22/2017)
2017-06-229REQUEST FOR SUMMONS TO ISSUE against Department of State (via Executive Office of Legal Advisor) re 7 Amended Complaint filed by CENTER FOR BIOLOGICAL DIVERSITY, THOMAS BACHAND. Related document: 7 Amended Complaint filed by THOMAS BACHAND, CENTER FOR BIOLOGICAL DIVERSITY.(Bahr, David) (Entered: 06/22/2017)
2017-06-2210REQUEST FOR SUMMONS TO ISSUE For US Attorney re 7 Amended Complaint filed by CENTER FOR BIOLOGICAL DIVERSITY, THOMAS BACHAND. Related document: 7 Amended Complaint filed by THOMAS BACHAND, CENTER FOR BIOLOGICAL DIVERSITY.(Bahr, David) (Entered: 06/22/2017)
2017-06-2211REQUEST FOR SUMMONS TO ISSUE For US Attorney General re 7 Amended Complaint filed by CENTER FOR BIOLOGICAL DIVERSITY, THOMAS BACHAND. Related document: 7 Amended Complaint filed by THOMAS BACHAND, CENTER FOR BIOLOGICAL DIVERSITY.(Bahr, David) (Entered: 06/22/2017)
2017-06-2312SUMMONS(4) Issued Electronically as to UNITED STATES DEPARTMENT OF STATE, UNITED STATES FISH AND WILDLIFE SERVICE, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Summons, # 2 Summons, # 3 Summons)(td) (Entered: 06/23/2017)
2017-07-0513Consent MOTION for Extension of Time to Answer or Otherwise Respond to Amended Complaint by UNITED STATES DEPARTMENT OF STATE, UNITED STATES FISH AND WILDLIFE SERVICE (Attachments: # 1 Proposed Order)(Simon, Jeremy) (Entered: 07/05/2017)
2017-07-06MINUTE ORDER: Granting 13 Consent Motion for Extension of Time to Answer. Defendants shall answer or otherwise respond to the complaint by August 10, 2017. Signed by Judge Tanya S. Chutkan on 7/6/17. (DJS) (Entered: 07/06/2017)
2017-07-10Set/Reset Deadlines: Answer due by 8/10/2017. (tb) (Entered: 07/10/2017)
2017-08-1014ANSWER to 7 Amended Complaint by UNITED STATES DEPARTMENT OF STATE, UNITED STATES FISH AND WILDLIFE SERVICE. Related document: 7 Amended Complaint filed by THOMAS BACHAND, CENTER FOR BIOLOGICAL DIVERSITY.(Simon, Jeremy) (Entered: 08/10/2017)
2017-08-11MINUTE ORDER: Before the Court in this FOIA case are a complaint and an answer. The requirements of LCvR 16.3 and Rule 26(f) of the Federal Rules of Civil procedure appear to be inapplicable. IT IS HEREBY ORDERED that the parties shall meet and confer and propose a schedule for proceeding in this matter. The schedule shall address the status of Plaintiffs' FOIA request, the anticipated number of documents responsive to Plaintiffs' FOIA request, the anticipated date(s) for release of the documents requested by Plaintiffs, whether a motion for an Open America stay is likely in this case, whether a Vaughn index will be required in this case, whether and when either party anticipates filing a dispositive motion, and any other pertinent issues. The parties shall file a joint status report that addresses these issues and that contains a proposed schedule and proposed order not later than 8/31/17. Signed by Judge Tanya S. Chutkan on 8/11/17. (DJS) (Entered: 08/11/2017)
2017-08-15Set/Reset Deadlines: Joint Status Report due by 8/31/2017. (tb) (Entered: 08/15/2017)
2017-08-3115Joint STATUS REPORT by UNITED STATES DEPARTMENT OF STATE, UNITED STATES FISH AND WILDLIFE SERVICE. (Attachments: # 1 Proposed Order)(Simon, Jeremy) (Entered: 08/31/2017)
2017-09-04MINUTE ORDER: Having considered the parties' Joint Status Report 15 , it is hereby ordered that the parties shall file another joint status report and proposed order by 10/12/17. Signed by Judge Tanya S. Chutkan on 9/4/17. (DJS) (Entered: 09/04/2017)
2017-09-04Set/Reset Deadlines: Joint Status Report due by 10/12/2017. (jth) (Entered: 09/04/2017)
2017-09-10Set/Reset Deadlines: Joint Status Report due by 10/12/2017. (tb) (Entered: 09/10/2017)
2017-10-1016Joint STATUS REPORT by UNITED STATES DEPARTMENT OF STATE, UNITED STATES FISH AND WILDLIFE SERVICE. (Simon, Jeremy) (Entered: 10/10/2017)
2017-10-12MINUTE ORDER: Having considered the parties Joint Status Report 16 , it is hereby ordered that the parties shall file another joint status report and proposed order by November 30, 2017. Signed by Judge Tanya S. Chutkan on 10/12/17. (DJS) (Entered: 10/12/2017)
2017-10-13Set/Reset Deadlines: Joint Status Report due by 11/30/2017. (tb) (Entered: 10/13/2017)
2017-11-3017Joint STATUS REPORT by UNITED STATES DEPARTMENT OF STATE, UNITED STATES FISH AND WILDLIFE SERVICE. (Attachments: # 1 Proposed Order)(Simon, Jeremy) (Entered: 11/30/2017)
2017-12-01MINUTE ORDER: Having considered the parties' Joint Status Report, it is hereby ordered that the parties shall file another Joint Status Report by January 10, 2018 and every 45 days thereafter. A proposed order shall be attached to the report if the report contains a proposed briefing schedule. Signed by Judge Tanya S. Chutkan on 12/1/17. (DJS) (Entered: 12/01/2017)
2018-01-1018Joint STATUS REPORT by UNITED STATES DEPARTMENT OF STATE, UNITED STATES FISH AND WILDLIFE SERVICE. (Simon, Jeremy) (Entered: 01/10/2018)
2018-02-2619Joint STATUS REPORT by UNITED STATES DEPARTMENT OF STATE, UNITED STATES FISH AND WILDLIFE SERVICE. (Simon, Jeremy) (Entered: 02/26/2018)
2018-04-1220Joint STATUS REPORT by UNITED STATES DEPARTMENT OF STATE, UNITED STATES FISH AND WILDLIFE SERVICE. (Simon, Jeremy) (Entered: 04/12/2018)
2018-05-2921Joint STATUS REPORT by UNITED STATES DEPARTMENT OF STATE, UNITED STATES FISH AND WILDLIFE SERVICE. (Simon, Jeremy) (Entered: 05/29/2018)
2018-07-1322Joint STATUS REPORT by UNITED STATES DEPARTMENT OF STATE, UNITED STATES FISH AND WILDLIFE SERVICE. (Simon, Jeremy) (Entered: 07/13/2018)
2018-08-2723Joint STATUS REPORT by UNITED STATES DEPARTMENT OF STATE, UNITED STATES FISH AND WILDLIFE SERVICE. (Simon, Jeremy) (Entered: 08/27/2018)
2018-10-1224Joint STATUS REPORT by UNITED STATES DEPARTMENT OF STATE, UNITED STATES FISH AND WILDLIFE SERVICE. (Simon, Jeremy) (Entered: 10/12/2018)
2018-11-2625Joint STATUS REPORT by UNITED STATES DEPARTMENT OF STATE, UNITED STATES FISH AND WILDLIFE SERVICE. (Simon, Jeremy) (Entered: 11/26/2018)
2019-01-0826Unopposed MOTION to Stay in Light of Lapse in Appropriations by UNITED STATES DEPARTMENT OF STATE, UNITED STATES FISH AND WILDLIFE SERVICE (Simon, Jeremy) (Entered: 01/08/2019)
2019-01-16MINUTE ORDER granting 26 Motion to Stay. All deadlines are hereby STAYED. Defendant's counsel shall notify the court within five days after Congress has appropriated funds for the Justice Department. It is further ordered that all current deadlines for the parties shall be extended commensurate with the duration of the lapse in appropriations. Signed by Judge Tanya S. Chutkan on 1/16/19. (DJS) (Entered: 01/16/2019)
2019-01-3027NOTICE of Restored Government Funding by UNITED STATES DEPARTMENT OF STATE, UNITED STATES FISH AND WILDLIFE SERVICE (Simon, Jeremy) (Entered: 01/30/2019)
2019-02-1928Joint STATUS REPORT by UNITED STATES DEPARTMENT OF STATE, UNITED STATES FISH AND WILDLIFE SERVICE. (Simon, Jeremy) (Entered: 02/19/2019)
2019-02-27MINUTE ORDER: Having considered the Defendant's Notice of Restored Government Funding 27 and the parties' joint status report 28 , the previously imposed stay is hereby lifted. It is hereby ordered that the parties shall file another joint status report by 4/5/19, and every 45 days thereafter. To the extent the parties propose a production schedule and/or briefing schedule, the status report shall include a proposed order. Signed by Judge Tanya S. Chutkan on 2/27/19. (DJS) (Entered: 02/27/2019)
2019-03-01Set/Reset Deadlines: Joint Status Report due by 4/5/2019. (tb) (Entered: 03/01/2019)
2019-04-0529Joint STATUS REPORT by THOMAS BACHAND, CENTER FOR BIOLOGICAL DIVERSITY. (Bahr, David) (Entered: 04/05/2019)
2019-05-2130Joint STATUS REPORT by UNITED STATES DEPARTMENT OF STATE, UNITED STATES FISH AND WILDLIFE SERVICE. (Simon, Jeremy) (Entered: 05/21/2019)
2019-07-0531Joint STATUS REPORT by UNITED STATES DEPARTMENT OF STATE, UNITED STATES FISH AND WILDLIFE SERVICE. (Simon, Jeremy) (Entered: 07/05/2019)
2019-08-30MINUTE ORDER: The parties shall file a joint status report by 9/5/19 and every 90 days thereafter. To the extent the parties propose a production schedule and/or briefing schedule, the status report shall include a proposed order. Signed by Judge Tanya S. Chutkan on 8/30/19. (DJS) (Entered: 08/30/2019)
2019-08-30Set/Reset Deadlines: Joint Status Report due by 9/15/2019. (zjd) (Entered: 08/30/2019)
2019-09-0532Joint STATUS REPORT by UNITED STATES DEPARTMENT OF STATE, UNITED STATES FISH AND WILDLIFE SERVICE. (Simon, Jeremy) (Entered: 09/05/2019)
2019-12-0433Joint STATUS REPORT by UNITED STATES DEPARTMENT OF STATE, UNITED STATES FISH AND WILDLIFE SERVICE. (Simon, Jeremy) (Entered: 12/04/2019)
2020-03-0334Joint STATUS REPORT by UNITED STATES DEPARTMENT OF STATE, UNITED STATES FISH AND WILDLIFE SERVICE. (Simon, Jeremy) (Entered: 03/03/2020)
2020-06-0135Joint STATUS REPORT by UNITED STATES DEPARTMENT OF STATE, UNITED STATES FISH AND WILDLIFE SERVICE. (Simon, Jeremy) (Entered: 06/01/2020)
2020-09-0136Joint STATUS REPORT by UNITED STATES DEPARTMENT OF STATE, UNITED STATES FISH AND WILDLIFE SERVICE. (Simon, Jeremy) (Entered: 09/01/2020)
2020-12-0137Joint STATUS REPORT by UNITED STATES DEPARTMENT OF STATE, UNITED STATES FISH AND WILDLIFE SERVICE. (Simon, Jeremy) (Entered: 12/01/2020)
2021-03-0138Joint STATUS REPORT by UNITED STATES DEPARTMENT OF STATE, UNITED STATES FISH AND WILDLIFE SERVICE. (Simon, Jeremy) (Entered: 03/01/2021)
2021-04-09MINUTE ORDER: Having considered the parties' joint status report 38 indicating that the only outstanding issue for the parties to resolve is the matter of attorneys' fees, it is hereby ordered that this action dismissed. Until the fee matter is resolved, the parties shall continue to file status reports every 90 days as required by this court's 8/30/19 Minute Order. Next status report due 6/1/21. To the extent the parties propose a briefing schedule on the fee matter, the report shall be accompanied by a proposed order. Signed by Judge Tanya S. Chutkan on 4/9/21. (DJS) (Entered: 04/09/2021)
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