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Case TitleSouthern Environmental Law Center v. United States Fish and Wildlife Service
DistrictDistrict of South Carolina
CityCharleston
Case Number2:2023cv00869
Date Filed2023-03-02
Date Closed2023-09-18
JudgeHonorable David C Norton
PlaintiffSouthern Environmental Law Center
Case DescriptionThe Southern Environmental Law Center submitted a FOIA request to U.S. Fish and Wildlife Service for records concerning Hexastylis naniflora (dwarf-flowered heartleaf) since May 2011. SELC also requested a fee waiver. The agency acknowledged receipt of the request and granted SELC's request for a fee waiver. The agency provided an interim response of 284 pages. Because it was an interim response, the agency did not provide SELC with its appeals rights. However, after reviewing the documents, SELC felt they showed the existence of other relevant documents. SELC wrote a comment letter to that point, but after hearing nothing further from the agency, SELC filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Vaughn index, Litigation - Attorney's fees

DefendantUnited States Fish and Wildlife Service
Documents
Docket
Complaint
Complaint attachment 1
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2023-03-021COMPLAINT against United States Fish and Wildlife Service ( Filing fee $ 402 receipt number ASCDC-10973052.), filed by Southern Environmental Law Center. Service due by 5/31/2023 (Attachments: # 1 Exhibit 1 - 2021.09.09 FOIA to FWS re Hexastylis naniflora)(hcor, ) (Entered: 03/06/2023)
2023-03-023Local Rule 26.01 Answers to Interrogatories by Southern Environmental Law Center.(hcor, ) (Entered: 03/06/2023)
2023-03-024Summons Issued as to United States Fish and Wildlife Service. U.S. Attorney and U.S. Attorney General. (hcor, ) (Entered: 03/06/2023)
2023-03-285SUMMONS Returned Executed by Southern Environmental Law Center. Southern Environmental Law Center served on 3/8/2023, answer due 04/07/2023. (Attachments: # 1 Exhibit A - U.S. FWS Return Receipt, # 2 Exhibit B - U.S. Attorney General Return Receipt, # 3 Exhibit C - U.S. Attorney for SC Return Receipt)(Wyche, Emily) Modified to correct answer due date on 3/28/2023 (hcor, ). (Entered: 03/28/2023)
2023-04-076NOTICE of Appearance by Johanna Valenzuela on behalf of United States Fish and Wildlife Service (Valenzuela, Johanna) (Entered: 04/07/2023)
2023-04-077ANSWER to 1 Complaint, by United States Fish and Wildlife Service.(Valenzuela, Johanna) (Entered: 04/07/2023)
2023-04-128Local Rule 26.01 Answers to Interrogatories by United States Fish and Wildlife Service.(Valenzuela, Johanna) (Entered: 04/12/2023)
2023-05-039CONFERENCE AND SCHEDULING ORDER Rule 26(f) Conference Deadline 6/9/2023, 26(a) Initial Disclosures due by 7/12/2023, Rule 26 Report due by 7/12/2023, Motions to Amend Pleadings due by 8/11/2023, Plaintiffs ID of Expert Witness due by 9/22/2023, Defendants ID of Expert Witnesses Due by 10/23/2023, Discovery due by 2/12/2024, Motions in Limine must be filed at least three weeks prior to jury selection, Motions due by 3/15/2024, Jury Selection Deadline 4/1/2024, Mediation Due by 3/31/2024. Signed by Honorable David C Norton on 05/03/2023. (hcor, ) (Entered: 05/03/2023)
2023-06-0910Joint Rule 26(f) Report by United States Fish and Wildlife Service. (Attachments: # 1 Proposed Order Conference and Scheduling Order)(Valenzuela, Johanna) (Entered: 06/09/2023)
2023-06-1211AMENDED CONFERENCE AND SCHEDULING ORDER Motions due by 8/31/2023. Further details set forth in order. Signed by Honorable David C Norton on 06/12/2023. (hcor, ) (Entered: 06/12/2023)
2023-08-2112Consent MOTION for Extension of Time by United States Fish and Wildlife Service. Response to Motion due by 9/5/2023. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.(Valenzuela, Johanna) (Entered: 08/21/2023)
2023-08-2213ORDER granting 12 Motion for Extension of Time. The parties shall have until 09/15/2023 to file dispositive motions. Signed by Honorable David C Norton on 08/22/2023.(hcor, ) (Entered: 08/22/2023)
2023-09-1414STIPULATION of Dismissal With Prejudice by Southern Environmental Law Center. (Wyche, Emily) (Entered: 09/14/2023)
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by FOIA Project Staff
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