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Case TitleEarth Island Institute v. United States National Park Service, et al.
DistrictEastern District of California
CityFresno
Case Number1:2022cv01132
Date Filed2022-09-06
Date ClosedOpen
JudgeDistrict Judge Jennifer L. Thurston
PlaintiffEarth Island Institute a non-profit corporation
Case DescriptionThe Earth Island Institute submitted two FOIA requests to the National Park Service for records concerning the Biomass Removal Project. EII also requested a fee waiver and expedited processing. The agency acknowledged receipt of the request, denied EII's request for expedited processing but granted its request for a fee waiver. EII filed an administrative appeal of the agency's denial of its request for expedited processing. The agency denied its appeal for expedited processing. After hearing nothing further from the agency, EII filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Attorney's fees

DefendantUnited States National Park Service an agency of the United States Department of the Interior
DefendantUnited States Department of the Interior
Documents
Docket
Complaint
Opinion/Order [10]
Opinion/Order [12]
Opinion/Order [14]
Opinion/Order [16]
Opinion/Order [18]
Opinion/Order [21]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2022-09-061COMPLAINT against All Defendants by Earth Island Institute. (Filing fee $ 402, receipt number ACAEDC-10424263) (Buchele, Thomas) (Entered: 09/06/2022)
2022-09-062CIVIL COVER SHEET by Earth Island Institute (Buchele, Thomas) (Entered: 09/06/2022)
2022-09-063CORPORATE DISCLOSURE STATEMENT by Plaintiff Earth Island Institute. (Buchele, Thomas) (Entered: 09/06/2022)
2022-09-064NOTICE of RELATED CASE(S) 1:22-cv-00710-AWI-EPG by Earth Island Institute. (Buchele, Thomas) (Entered: 09/06/2022)
2022-09-075CLERK'S NOTICE to Attorney Thomas C. Buchele re 2 Civil Cover Sheet: Your document is not formatted properly, please flatten your PDF and re- file a properly formatted PDF. For information on how to flatten a pdf, please refer to our website under CM/ECF E-Filing > PDF Information > Page 7. If you need assistance, please contact the CM/ECF help desk at 866-884-5444. (Sant Agata, S) (Entered: 09/07/2022)
2022-09-076SUMMONS ISSUED as to *United States Department of the Interior , United States National Park Service* with answer to complaint due within *30* days. Attorney *Thomas C. Buchele* *Earthrise Law Center* *10101 S Terwilliger Boulevard* *Portland, OR 97219*. (Rivera, O) (Entered: 09/07/2022)
2022-09-077CIVIL NEW CASE DOCUMENTS ISSUED: Initial Scheduling Conference set for 12/22/2022 at 09:30 AM in Courtroom 7 (SKO) before Magistrate Judge Sheila K. Oberto . (Attachments: # 1 Consent Form, # 2 VDRP) (Rivera, O) (Entered: 09/07/2022)
2022-09-078CIVIL COVER SHEET by Earth Island Institute (Buchele, Thomas) (Entered: 09/07/2022)
2022-09-149PRO HAC VICE APPLICATION and PROPOSED ORDER submitted by Earth Island Institute for attorney Bridgett Ann Buss to appear Pro Hac Vice. (Filing fee $ 225, receipt number ACAEDC-10439969) (Buchele, Thomas) (Entered: 09/14/2022)
2022-09-1610ORDER GRANTING 9 Application for Pro Hac Vice signed by Magistrate Judge Sheila K. Oberto on 9/16/2022. Added attorney Bridgett Ann Buss, PHV for Earth Island Institute. The Pro Hac Vice attorney is directed to request electronic filing access through PACER. (Lawrence, A) (Entered: 09/16/2022)
2022-12-0511ANSWER by United States Department of the Interior, United States National Park Service. Attorney Hall, Benjamin E. added.(Hall, Benjamin) (Entered: 12/05/2022)
2022-12-1312ORDER RELATING AND REASSIGNING CASE to 1:22-cv-0710 AWI-EPG, signed by District Judge Anthony W. Ishii on 12/12/2022.(Martin-Gill, S) (Entered: 12/13/2022)
2022-12-1313MOTION Reschedule Scheduling Conference set for December 22, 2022 re 7 Civil New Case Documents for AWI by Earth Island Institute. Motion Hearing set for 12/16/2022 at 10:00 AM in Courtroom 10 (EPG) before Magistrate Judge Erica P. Grosjean. (Attachments: # 1 Proposed Order)(Buss, Bridgett) (Entered: 12/13/2022)
2022-12-1414ORDER signed by Magistrate Judge Erica P. Grosjean on December 14, 2022, as follows: Based on the parties' joint motion (ECF No. 13 ), the Court will GRANT the parties' request. Accordingly, IT IS ORDERED that: 1) The scheduling conference currently set for December 22, 2022, is continued to January 31, 2023, at 11:00 AM before Magistrate Judge Erica P. Grosjean. To participate telephonically, each party is directed to use the following dial-in number and passcode: 1-888-251-2909; passcode 1024453 . The parties shall file a joint status report one full week prior to the conference.(Rooney, M) (Entered: 12/14/2022)
2023-01-2415MOTION Reschedule Scheduling Conference set for January 31, 2023 re 14 Order,,, Set/Reset Deadlines and Hearings,,, Order on Motion for Miscellaneous Relief,, by Earth Island Institute. Motion Hearing set for 1/27/2023 at 10:00 AM in Courtroom 10 (EPG) before Magistrate Judge Erica P. Grosjean. (Attachments: # 1 Proposed Order)(Chevallier, Bridgett) (Entered: 01/24/2023)
2023-01-2416ORDER signed by Magistrate Judge Erica P. Grosjean on January 24, 2023 as follows: Based on the parties' joint motion (ECF No. 15 ), the Court will GRANT the parties' request. Accordingly, IT IS ORDERED that: 1. The scheduling conference currently set for January 31, 2023, is continued to March 22, 2023, at 10:30 AM in Courtroom 10 (EPG) before Magistrate Judge Erica P. Grosjean. To participate telephonically, each party is directed to use the following dial-in number and passcode: 1-888-251-2909; passcode 1024453 . The parties shall file a joint status report one full week prior to the conference. (Rooney, M) (Entered: 01/24/2023)
2023-03-1517MOTION Reschedule Scheduling Conference set for March 22, 2023 re 16 Order,,, Set/Reset Deadlines and Hearings,, by Earth Island Institute. Motion Hearing set for 3/17/2023 at 10:00 AM in Courtroom 10 (EPG) before Magistrate Judge Erica P. Grosjean. (Attachments: # 1 Proposed Order Proposed Order Rescheduling March 22, 2023, Scheduling Conference)(Chevallier, Bridgett) (Entered: 03/15/2023)
2023-03-1618ORDER GRANTING JOINT MOTION TO RESCHEDULE MARCH 22, 2023, SCHEDULING CONFERENCE. Order signed by Magistrate Judge Erica P. Grosjean on 3/16/2023; The scheduling conference currently set for March 22, 2023, is continued to May 2, 2023, at 10:30 AM before Magistrate Judge Erica P. Grosjean. To participate telephonically, each party is directed to use the following dial-in number and passcode: 1-888-251-2909; passcode 1024453. The parties shall file a joint status report one full week prior to the conference. (Kusamura, W) (Entered: 03/16/2023)
2023-04-1119ORDER REASSIGNING CASE signed by Chief Judge Kimberly J. Mueller: Due to the impending inactive retirement of District Judge *Anthony W. Ishii* from the bench of the Eastern District of California, this action is reassigned to *District Judge Jennifer L. Thurston* for all further proceedings. (Flores, E) (Entered: 04/11/2023)
2023-04-2520MOTION Reschedule May 2, 2023 Scheduling Conference re 18 Order,,, Set/Reset Deadlines and Hearings,,, Order on Motion for Miscellaneous Relief,, by Earth Island Institute. Motion Hearing set for 4/28/2023 at 10:00 AM in Courtroom 10 (EPG) before Magistrate Judge Erica P. Grosjean. (Attachments: # 1 Proposed Order)(Buchele, Thomas) (Entered: 04/25/2023)
2023-04-2621ORDER signed by Magistrate Judge Erica P. Grosjean on April 26, 2023, as follows: Based on the parties' joint motion (ECF No. 20 ), the Court will GRANT the parties' request. Accordingly, IT IS ORDERED that: 1. The scheduling conference currently set for May 2, 2023, is continued to June 15, 2023, at 10:30 AM in Courtroom 10 (EPG) before Magistrate Judge Erica P. Grosjean. To participate telephonically, each party is directed to use the following dial-in number and passcode: 1-888-251-2909; passcode 1024453 . The parties shall file a joint status report one full week prior to the conference. (Rooney, M) (Entered: 04/26/2023)
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by FOIA Project Staff
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