Skip to content

Case Detail

[Subscribe to updates]
Case TitleWILDERNESS WORKSHOP v. U.S. DEPARTMENT OF AGRICULTURE et al.
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2022cv03606
Date Filed2022-11-30
Date ClosedOpen
JudgeJudge Jia M. Cobb
PlaintiffWILDERNESS WORKSHOP
PlaintiffROCKY MOUNTAIN WILD
Case DescriptionThe Wilderness Workshop and Rocky Mountain Wild submitted FOIA requests to the U.S. Forest Service for records concerning the Berlaimont Estates Access Route EIS process. The agency acknowledged receipt of the request. The agency disclosed some records but after hearing nothing further from the agency, the Wilderness Workshop and Rocky Mountain Wild filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Vaughn index, Litigation - Attorney's fees

DefendantU.S. DEPARTMENT OF AGRICULTURE an agency of the United States
DefendantU.S. FOREST SERVICE an agency of the United States
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2022-11-301COMPLAINT against WILDERNESS WORKSHOP ( Filing fee $ 402 receipt number ADCDC-9703207) filed by WILDERNESS WORKSHOP. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Summons)(Stills, Travis) (Entered: 11/30/2022)
2022-11-302NOTICE OF RELATED CASE by WILDERNESS WORKSHOP. Case related to Case No. 21-cv-2108. (Stills, Travis) (Entered: 11/30/2022)
2022-11-303LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by WILDERNESS WORKSHOP (Stills, Travis) (Entered: 11/30/2022)
2022-12-014SUMMONS (4) Issued Electronically as to All Defendants, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(zmrl) (Entered: 12/01/2022)
2022-12-01Case Assigned to Judge Jia M. Cobb. (zmrl) (Entered: 12/01/2022)
2022-12-015NOTICE of Appearance by Matthew Sandler on behalf of All Plaintiffs (Sandler, Matthew) (Entered: 12/01/2022)
2022-12-216NOTICE of Appearance by Erika Kirstie Oblea on behalf of All Defendants (Oblea, Erika) (Entered: 12/21/2022)
2022-12-217Consent MOTION for Extension of Time to File Answer re 1 Complaint, or Otherwise Respond by U.S. DEPARTMENT OF AGRICULTURE, U.S. FOREST SERVICE. (Attachments: # 1 Text of Proposed Order)(Oblea, Erika) (Entered: 12/21/2022)
2022-12-22MINUTE ORDER re 7 Consent Motion for Extension of Time: Having considered the motion and for good cause shown, the Court GRANTS the motion. Defendants are ordered to respond to Plaintiffs' Complaint by January 17, 2023. Signed by Judge Jia M. Cobb on December 22, 2022. (Cobb, Jia) (Entered: 12/22/2022)
2023-01-178ANSWER to Complaint by U.S. DEPARTMENT OF AGRICULTURE, U.S. FOREST SERVICE.(Oblea, Erika) (Entered: 01/17/2023)
2023-01-18MINUTE ORDER: The Court ORDERS that the Parties confer and submit a joint proposed schedule for further proceedings, which shall include a proposed schedule for the processing and release of responsive records or for briefing dispositive motions, by February 1, 2023. Signed by Judge Jia M. Cobb on January 18, 2023. (lcjmc2) (Entered: 01/18/2023)
2023-02-019Joint STATUS REPORT by U.S. DEPARTMENT OF AGRICULTURE, U.S. FOREST SERVICE. (Attachments: # 1 Exhibit 1)(Oblea, Erika) (Entered: 02/01/2023)
2023-03-13MINUTE ORDER: Upon consideration of the Parties' positions in 9 Joint Status Report, the Court ORDERS the following deadlines: The Defendants will provide a draft Vaughn index and informal search summary to Plaintiffs by March 29, 2023. The Parties will file a Joint Status Report by April 12, 2023, that identifies any remaining issues with the production. Defendants will file a Motion for Summary Judgment by May 12, 2023. Plaintiffs will file a combined Response and Cross-Motion for Summary Judgment by June 12, 2023. Defendants will file a combined Response and Reply in support of its Motion for Summary Judgment by July 12, 2023. Plaintiffs will file a Reply in support of its Cross-Motion for Summary Judgment by August 11, 2023. Ultimately, the Court agreed with Defendants' proposal because it better ensures that the deadlines are not premature given the continued processing of records, and also because Defendants' proposed end-of-briefing date is not so far from Plaintiffs' proposal that it would seriously delay the resolution of the case. Signed by Judge Jia M. Cobb on March 13, 2023. (lcjmc2) (Entered: 03/13/2023)
2023-04-1010Unopposed MOTION for Extension of Time to file status report and summary judgment briefing by ROCKY MOUNTAIN WILD, WILDERNESS WORKSHOP. (Sandler, Matthew) (Entered: 04/10/2023)
2023-04-11MINUTE ORDER granting 10 Plaintiff's Unopposed Motion for Extension of Time: Upon consideration of the Motion and for good cause shown, the Court GRANTS the Motion. Defendants will file a Motion for Summary Judgment by May 26, 2023. Plaintiffs will file a combined Response and Cross-Motion for Summary Judgment by June 26, 2023. Defendants will file a combined Response and Reply in support of its Motion for Summary Judgment by July 26, 2023. Plaintiffs will file a Reply in support of its Cross-Motion for Summary Judgment by August 25, 2023. Signed by Judge Jia M. Cobb on April 11, 2023. (lcjmc2) (Entered: 04/11/2023)
2023-04-2611Joint STATUS REPORT by ROCKY MOUNTAIN WILD, WILDERNESS WORKSHOP. (Stills, Travis) (Entered: 04/26/2023)
2023-05-1112MOTION to Modify Briefing Schedule by U.S. DEPARTMENT OF AGRICULTURE, U.S. FOREST SERVICE. (Attachments: # 1 Text of Proposed Order)(Oblea, Erika) (Entered: 05/11/2023)
2023-05-1213RESPONSE re 12 MOTION to Modify Briefing Schedule Stay Request filed by ROCKY MOUNTAIN WILD, WILDERNESS WORKSHOP. (Stills, Travis) (Entered: 05/12/2023)
2023-05-1614REPLY to opposition to motion re 12 MOTION to Modify Briefing Schedule filed by U.S. DEPARTMENT OF AGRICULTURE, U.S. FOREST SERVICE. (Oblea, Erika) (Entered: 05/16/2023)
2023-05-19MINUTE ORDER re 12 Motion to Modify Briefing Schedule: The Court has reviewed the Motion, as well as Plaintiffs' Response 13 and Defendants' Reply 14 . Based on the Parties' representations, and the entire record, the Court finds that there is good cause to provide the agency with the time it needs to conduct its expanded search and process any new responsive materials before proceeding to dispositive motions. Accordingly, the Court GRANTS the Motion. Defendants are ORDERED to file a Motion for Summary Judgment by August 24, 2023. Plaintiffs will file a combined Response and Cross-Motion for Summary Judgment by September 25, 2023. Defendants will file a combined Response and Reply in support of its Motion for Summary Judgment by October 25, 2023. Plaintiffs will file a Reply in support of its Cross-Motion for Summary Judgment by December 1, 2023 (to allow an extra week following the Thanksgiving holiday). The Parties are further ORDERED to file additional Joint Status Reports on June 19, 2023, and on July 19, 2023, to apprise the Court of Defendants' progress. The Court acknowledges Plaintiffs' frustration with the timeline of this case; that is why the Parties are encouraged to continue to confer to identify any other issues that might be resolved more efficiently in advance of dispositive motions. Signed by Judge Jia M. Cobb on May 19, 2023. (lcjmc3) (Entered: 05/19/2023)
2023-06-0115Consent MOTION for Extension of Time to File Joint Status Report by U.S. DEPARTMENT OF AGRICULTURE, U.S. FOREST SERVICE. (Attachments: # 1 Text of Proposed Order)(Oblea, Erika) (Entered: 06/01/2023)
2023-06-02MINUTE ORDER granting 15 Defendants' Consent Motion to Extend Time to File Joint Status Report: Upon consideration of Defendants' Consent Motion and for good cause shown, it is hereby ORDERED that the Motion is GRANTED. The Parties will file a Joint Status Report by June 26, 2023. Signed by Judge Jia M. Cobb on June 2, 2023. (lcjmc2) (Entered: 06/02/2023)
2023-06-2616Joint STATUS REPORT by U.S. DEPARTMENT OF AGRICULTURE, U.S. FOREST SERVICE. (Oblea, Erika) (Entered: 06/26/2023)
2023-07-1917Joint STATUS REPORT by U.S. DEPARTMENT OF AGRICULTURE, U.S. FOREST SERVICE. (Oblea, Erika) (Entered: 07/19/2023)
2023-08-2318MOTION to Modify Briefing Schedule by U.S. DEPARTMENT OF AGRICULTURE, U.S. FOREST SERVICE. (Attachments: # 1 Text of Proposed Order)(Oblea, Erika) (Entered: 08/23/2023)
2023-08-2319RESPONSE re 18 MOTION to Modify Briefing Schedule filed by ROCKY MOUNTAIN WILD, WILDERNESS WORKSHOP. (Stills, Travis) (Entered: 08/23/2023)
2023-08-2420REPLY to opposition to motion re 18 MOTION to Modify Briefing Schedule filed by U.S. DEPARTMENT OF AGRICULTURE, U.S. FOREST SERVICE. (Oblea, Erika) (Entered: 08/24/2023)
2023-08-29MINUTE ORDER re 18 Opposed Motion to Modify Briefing Schedule: The Court understands that Plaintiffs oppose the Motion. The Court is also sensitive to Plaintiffs' reasons for wanting the dispositive motions phase of this case commence as quickly as possible. Nonetheless, the Court finds that the good cause standard is satisfied and GRANTS the Motion. Amongst other reasons, the Court wishes to inform the Parties that it will issue its opinion in case no. 21-cv-2108 in the coming days, and thinks that the Parties should have time to digest that opinion before submitting their dispositive motions in this closely related case. The Court also notes that it will entertain any motions to change the briefing schedule in case no. 23-cv-678 should the Parties agree that the timeline of this case necessitates that change. Having granted Defendants' Motion, the Court sets the following briefing schedule: Defendants are ORDERED to submit their motion for summary judgment by September 28, 2023. Plaintiffs' combined Response and Cross-Motion for Summary Judgment is due by October 30, 2023. Defendants' combined Response and Reply in support of their Motion for Summary Judgment is due by November 29, 2023. And Plaintiffs' Reply is due by January 5, 2024. In consideration of Plaintiffs' concerns regarding the progress of the case, the Court will not grant additional extensions absent unforeseen circumstances or the consent of the Parties. Signed by Judge Jia M. Cobb on August 29, 2023. (lcjmc3) (Entered: 08/29/2023)
2023-09-0821MOTION to Modify Briefing Schedule by U.S. DEPARTMENT OF AGRICULTURE, U.S. FOREST SERVICE. (Attachments: # 1 Text of Proposed Order)(Oblea, Erika) (Entered: 09/08/2023)
2023-09-1322RESPONSE re 21 MOTION to Modify Briefing Schedule filed by ROCKY MOUNTAIN WILD, WILDERNESS WORKSHOP. (Stills, Travis) (Entered: 09/13/2023)
2023-09-1423REPLY to opposition to motion re 21 MOTION to Modify Briefing Schedule filed by U.S. DEPARTMENT OF AGRICULTURE, U.S. FOREST SERVICE. (Oblea, Erika) (Entered: 09/14/2023)
2023-09-15MINUTE ORDER granting 21 Motion to Modify Briefing Schedule: given the Court's opinion in a related matter, Wilderness Workshop v. USDA , Civ. A. No. 21-2108, and to promote efficiency, the Court believes good cause exists to extend the deadlines as follows. Defendants' Motion for Summary Judgment is due by December 21, 2023; Plaintiffs' single combined Response and Cross-Motion for Summary Judgment is due by January 22, 2024; Defendants' single combined Response and Reply in support of their Motion for Summary Judgment is due by February 21, 2024; and Plaintiffs' Reply is due by March 29, 2024. Signed by Judge Jia M. Cobb on September 15, 2023. (lcjmc3) (Entered: 09/15/2023)
2023-11-1724MOTION for Protective Order , Primarily a Motion to Claw Back (EXPEDITED) by U.S. DEPARTMENT OF AGRICULTURE, U.S. FOREST SERVICE. (Attachments: # 1 Exhibit A - Declaration of Eileen Harke, # 2 Exhibit B - Emails, # 3 Exhibit C - Letter from Plaintiffs' Counsel, # 4 Text of Proposed Order)(Oblea, Erika) (Entered: 11/17/2023)
2023-11-3025RESPONSE re 24 MOTION for Protective Order , Primarily a Motion to Claw Back (EXPEDITED) filed by ROCKY MOUNTAIN WILD, WILDERNESS WORKSHOP. (Attachments: # 1 Exhibit)(Stills, Travis) (Entered: 11/30/2023)
2023-12-0726REPLY to opposition to motion re 24 MOTION for Protective Order , Primarily a Motion to Claw Back (EXPEDITED) filed by U.S. DEPARTMENT OF AGRICULTURE, U.S. FOREST SERVICE. (Duffey, Thomas) (Entered: 12/07/2023)
2023-12-1927MOTION for Extension of Time to file motion for summary judgment with proposed order by U.S. DEPARTMENT OF AGRICULTURE, U.S. FOREST SERVICE. (Duffey, Thomas) (Entered: 12/19/2023)
2023-12-20MINUTE ORDER granting 27 Motion for Extension of Time to File Summary Judgment: Defendants have represented that Plaintiff was likely to oppose this Motion, but the Court nonetheless finds good cause for the requested extension. The requested extension is brief and will thus not prejudice the Plaintiff. The Court is acting upon this Motion prior to Plaintiff's response given the pendency of the deadline and in light of the upcoming holidays. If Plaintiff has further objections to the proposed schedule, it can file a motion regarding additional adjustments to the schedule after conferring with Defendants. It is hereby ORDERED that Defendants' motion for summary judgment is due by January 23, 2024; Plaintiff's combined reply and cross-motion is due by February 23, 2024; Defendants' combined response and reply is due by March 21, 2024; and Plaintiff's reply is due by April 22, 2024. Signed by Judge Jia M. Cobb on December 20, 2023. (lcjmc1) Modified on 12/21/2023. (ztnr) (Entered: 12/20/2023)
2023-12-20Set/Reset Deadlines: Cross Motions due by 2/23/2024. Response to Cross Motions due by 3/21/2024. Reply to Cross Motions due by 4/22/2024. Summary Judgment motions due by 1/23/2024. Response to Motion for Summary Judgment due by 2/23/2024. Reply to Motion for Summary Judgment due by 3/21/2024. (zgf) (Entered: 12/29/2023)
2024-01-2328MOTION for Summary Judgment by U.S. DEPARTMENT OF AGRICULTURE, U.S. FOREST SERVICE. (Attachments: # 1 Memorandum in Support, # 2 Declaration Enciso, # 3 Exhibit A to Enciso Decl., # 4 Exhibit B to Enciso Decl., # 5 Exhibit C to Enciso Decl., # 6 Exhibit D to Enciso Decl., # 7 Exhibit E to Enciso Decl., # 8 Exhibit F to Enciso Decl. Vaughn Index, # 9 Declaration Scofield, # 10 Exhibit A to Scofield Decl., # 11 Exhibit B to scofield Decl., # 12 Exhibit C to Scofield Decl., # 13 Exhibit D to Scofield Decl., # 14 Exhibit E to Scofield Decl., # 15 Exhibit F to Scofield Decl., # 16 Exhibit G to Scofieild Decl., # 17 Exhibit H to Scofield Decl., # 18 Exhibit I to Scofield Decl., # 19 Exhibit J to Scofield Decl., # 20 Exhibit K to Scofield Decl., # 21 Exhibit L to Scofieild Decl., # 22 Exhibit M to Scofield Decl. Vaughn Index, # 23 Statement of Facts)(Duffey, Thomas) (Entered: 01/23/2024)
2024-02-2329RESPONSE re 28 MOTION for Summary Judgment filed by ROCKY MOUNTAIN WILD, WILDERNESS WORKSHOP. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit)(Stills, Travis) (Entered: 02/23/2024)
Hide Docket Events
by FOIA Project Staff
Skip to toolbar