Case: 1:17-cv-02825-TSC As of: 01/11/2019 07:11 AM EST 1 of 6 STAYED,TYPE I−FOIA U.S. District Court District of Columbia (Washington, DC) CIVIL DOCKET FOR CASE #: 1:17−cv−02825−TSC GRAND STAIRCASE ESCALANTE PARTNERS et al v. Date Filed: 12/28/2017 DEPARTMENT OF THE INTERIOR et al Jury Demand: None Assigned to: Judge Tanya S. Chutkan Nature of Suit: 895 Freedom of Cases: 1:17−cv−02505−TJK Information Act Jurisdiction: U.S. Government Defendant 1:17−cv−02587−TSC 1:17−cv−02591−TSC 1:17−cv−02673−EGS 1:17−cv−02314−EGS 1:18−cv−00579−RBW Cause: 05:552 Freedom of Information Act Plaintiff GRAND STAIRCASE ESCALANTE represented by Gary S. Guzy PARTNERS COVINGTON & BURLING LLP on behalf of itself and its members 850 Tenth Street N.W. One City Center Washington, DC 20001 (202) 662−5978 Fax: (202) 778−5978 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED John Mizerak COVINGTON & BURLING LLP One City Center 850 Tenth Street NW Washington, DC 20001−4956 (202) 662−5099 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Shruti Chaganti Barker COVINGTON & BURLING LLP 800 Tenth Street NW Washington, DC 20001 (202) 662−5031 Fax: (202) 778−5031 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Garett Robert Rose NATURAL RESOURCES DEFENSE COUNCIL 1152 15th Street, NW Suite 300 Washington, DC 20005 (202) 717−8355 Email: [email protected] TERMINATED: 06/12/2018 Plaintiff SOCIETY OF VERTEBRATE represented by Gary S. Guzy PALEONTOLOGY (See above for address) Case: 1:17-cv-02825-TSC As of: 01/11/2019 07:11 AM EST 2 of 6 on behalf of itself and its members LEAD ATTORNEY ATTORNEY TO BE NOTICED John Mizerak (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Shruti Chaganti Barker (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Garett Robert Rose (See above for address) TERMINATED: 06/12/2018 Plaintiff CONSERVATION LANDS represented by Gary S. Guzy FOUNDATION (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED John Mizerak (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Shruti Chaganti Barker (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Garett Robert Rose (See above for address) TERMINATED: 06/12/2018 V. Defendant DEPARTMENT OF THE INTERIOR represented by Jeremy S. Simon U.S. ATTORNEY'S OFFICE FOR THE DISTRICT OF COLUMBIA 555 Fourth Street, NW Washington, DC 20530 (202) 252−2528 Fax: (202) 252−2599 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Defendant COUNCIL ON ENVIRONMENTAL represented by Jeremy S. Simon QUALITY (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Defendant OFFICE OF MANAGEMENT AND represented by Jeremy S. Simon BUDGET (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Case: 1:17-cv-02825-TSC As of: 01/11/2019 07:11 AM EST 3 of 6 Date Filed # Docket Text 12/28/2017 1 COMPLAINT against All Defendants ( Filing fee $ 400 receipt number 0090−5267305) filed by GRAND STAIRCASE ESCALANTE PARTNERS, CONSERVATION LANDS FOUNDATION, SOCIETY OF VERTEBRATE PALEONTOLOGY. (Attachments: # 1 Exhibit Exhibit 1, # 2 Exhibit Exhibit 2, # 3 Exhibit Exhibit 3, # 4 Exhibit Exhibit 4, # 5 Exhibit Exhibit 5, # 6 Civil Cover Sheet Civil Cover Sheet, # 7 Summons DOI Summons, # 8 Summons CEQ Summons, # 9 Summons OMB Summons, # 10 Summons Civil Process Clerk Summons, # 11 Summons Sessions Summons)(Rose, Garett) (Entered: 12/28/2017) 12/28/2017 2 Corporate Disclosure Statement by CONSERVATION LANDS FOUNDATION, GRAND STAIRCASE ESCALANTE PARTNERS, SOCIETY OF VERTEBRATE PALEONTOLOGY. (Rose, Garett) (Entered: 12/28/2017) 12/28/2017 3 NOTICE OF RELATED CASE by All Plaintiffs. Case related to Case No. 17−2587, 17−2591. (Rose, Garett) (Entered: 12/28/2017) 12/28/2017 4 NOTICE of Appearance by Garett Robert Rose on behalf of All Plaintiffs (Rose, Garett) (Entered: 12/28/2017) 12/28/2017 5 NOTICE of Appearance by Gary S. Guzy on behalf of All Plaintiffs (Guzy, Gary) (Entered: 12/28/2017) 12/28/2017 Case Assigned to Judge Tanya S. Chutkan. (jd) (Entered: 01/03/2018) 01/03/2018 6 SUMMONS (5) Issued Electronically as to COUNCIL ON ENVIRONMENTAL QUALITY, DEPARTMENT OF THE INTERIOR, OFFICE OF MANAGEMENT AND BUDGET, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(jd) (Entered: 01/03/2018) 02/02/2018 7 NOTICE of Appearance by Jeremy S. Simon on behalf of COUNCIL ON ENVIRONMENTAL QUALITY, DEPARTMENT OF THE INTERIOR, OFFICE OF MANAGEMENT AND BUDGET (Simon, Jeremy) (Entered: 02/02/2018) 02/05/2018 8 Consent MOTION for Extension of Time to Answer or Otherwise Respond to Complaint by COUNCIL ON ENVIRONMENTAL QUALITY, DEPARTMENT OF THE INTERIOR, OFFICE OF MANAGEMENT AND BUDGET (Attachments: # 1 Proposed Order)(Simon, Jeremy) (Entered: 02/05/2018) 02/06/2018 MINUTE ORDER: Granting 8 Consent Motion for Extension of Time to File Answer. The Defendants shall answer or otherwise respond to the complaint by March 7, 2018. Signed by Judge Tanya S. Chutkan on 2/6/18. (DJS) (Entered: 02/06/2018) 02/07/2018 Set/Reset Deadlines: Answer due by 3/7/2018. (tb) (Entered: 02/07/2018) 03/06/2018 9 ANSWER to Complaint by COUNCIL ON ENVIRONMENTAL QUALITY, DEPARTMENT OF THE INTERIOR, OFFICE OF MANAGEMENT AND BUDGET.(Simon, Jeremy) (Entered: 03/06/2018) 04/05/2018 MINUTE 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 5/7/18. Signed by Judge Tanya S. Chutkan on 4/5/18. (DJS) (Entered: 04/05/2018) 04/06/2018 Set/Reset Deadlines: Joint Status Report and Proposed Order due by 5/7/2018. (tb) (Entered: 04/06/2018) Case: 1:17-cv-02825-TSC As of: 01/11/2019 07:11 AM EST 4 of 6 05/07/2018 10 Joint STATUS REPORT and Proposed Scheduling Orders by CONSERVATION LANDS FOUNDATION, GRAND STAIRCASE ESCALANTE PARTNERS, SOCIETY OF VERTEBRATE PALEONTOLOGY. (Attachments: # 1 Text of Proposed Order Plaintiffs' Proposed Order, # 2 Text of Proposed Order Defendants' Proposed Order)(Rose, Garett) (Entered: 05/07/2018) 05/08/2018 MINUTE ORDER: A Status Conference is hereby set for 5/22/18 at 11:30 am in Courtroom 9. Signed by Judge Tanya S. Chutkan on 5/8/18. (DJS) (Entered: 05/08/2018) 05/08/2018 Set/Reset Hearings: Status Conference set for 5/22/2018 at 11:30 AM in Courtroom 9 before Judge Tanya S. Chutkan. (tb) (Entered: 05/08/2018) 05/08/2018 NOTICE OF ERROR re 10 Status Report; emailed to [email protected], cc'd 3 associated attorneys −− The PDF file you docketed contained errors: 1. Do not Refile. FYI for future filings, the electronic signature and signature on the document should match. (ztd, ) (Entered: 05/08/2018) 05/09/2018 11 Consent MOTION to Continue May 22 Status Conference by COUNCIL ON ENVIRONMENTAL QUALITY, DEPARTMENT OF THE INTERIOR, OFFICE OF MANAGEMENT AND BUDGET (Attachments: # 1 Proposed Order)(Simon, Jeremy) (Entered: 05/09/2018) 05/09/2018 MINUTE ORDER: Granting 11 Consent Motion to Continue. The Status Conference previously set for 5/22/18 is hereby rescheduled for 5/21/18 at 11:00 a.m. in Courtroom 9. Signed by Judge Tanya S. Chutkan on 5/9/18. (DJS) (Entered: 05/09/2018) 05/10/2018 Set/Reset Hearings: Status Conference reset for 5/21/2018 at 11:00 AM in Courtroom 9 before Judge Tanya S. Chutkan. (tb) (Entered: 05/10/2018) 05/15/2018 12 NOTICE of Four Related Cases and Filing of Motion for Reassignment/Consolidation by COUNCIL ON ENVIRONMENTAL QUALITY, DEPARTMENT OF THE INTERIOR, OFFICE OF MANAGEMENT AND BUDGET (Attachments: # 1 Notice and Motion)(Simon, Jeremy) (Entered: 05/15/2018) 05/16/2018 MINUTE ORDER: In light of the Notice of Related Case filed by the Defendants 12 and the motion to consolidated filed in Southern Utah Wilderness Alliance v. Dept of Interior, No. 17−cv−2314−EGS (D.D.C.), the Status Conference set for 5/21/18 is hereby VACATED. Within 5 days after Judge Sullivan issues a ruling on the motion to consolidate, if necessary, the parties shall file a joint notice in the present action that includes a proposed order for moving forward with this case. Signed by Judge Tanya S. Chutkan on 5/16/18. (DJS) (Entered: 05/16/2018) 05/29/2018 13 RESPONSE re 12 Notice (Other) Plaintiffs' Objection to Related Case Designation filed by CONSERVATION LANDS FOUNDATION, GRAND STAIRCASE ESCALANTE PARTNERS, SOCIETY OF VERTEBRATE PALEONTOLOGY. (Rose, Garett) (Entered: 05/29/2018) 05/30/2018 NOTICE OF ERROR re 13 Response to Document; emailed to [email protected], cc'd 3 associated attorneys −− The PDF file you docketed contained errors: 1. Do Not Refile. FYI for future filings, electronic filings must be made by the person who signs the document. (ztd, ) (Entered: 05/30/2018) 06/05/2018 14 NOTICE Regarding Plaintiffs' Objection to Defendants' Notice of Four Related Cases by COUNCIL ON ENVIRONMENTAL QUALITY, DEPARTMENT OF THE INTERIOR, OFFICE OF MANAGEMENT AND BUDGET (Simon, Jeremy) (Entered: 06/05/2018) 06/12/2018 15 NOTICE OF WITHDRAWAL OF APPEARANCE as to CONSERVATION LANDS FOUNDATION, GRAND STAIRCASE ESCALANTE PARTNERS, SOCIETY OF VERTEBRATE PALEONTOLOGY. Attorney Garett Robert Rose terminated. (Rose, Garett) (Entered: 06/12/2018) 06/14/2018 16 NOTICE of Appearance by John Mizerak on behalf of All Plaintiffs (Mizerak, John) (Main Document 16 replaced on 6/20/2018) (ztd). (Entered: 06/14/2018) Case: 1:17-cv-02825-TSC As of: 01/11/2019 07:11 AM EST 5 of 6 06/27/2018 17 Joint STATUS REPORT in light of denial of Motion to Consolidate by CONSERVATION LANDS FOUNDATION, GRAND STAIRCASE ESCALANTE PARTNERS, SOCIETY OF VERTEBRATE PALEONTOLOGY. (Attachments: # 1 Text of Proposed Order Proposed Order)(Guzy, Gary) (Entered: 06/27/2018) 08/22/2018 MINUTE ORDER: A Status Conference is hereby set for 9/11/18 at 9:45 am in Courtroom 9. The parties shall file an updated joint status report by 9/6/18. Signed by Judge Tanya S. Chutkan on 8/22/18. (DJS) (Entered: 08/22/2018) 08/22/2018 Set/Reset Deadlines/Hearings: Joint Status Report due by 9/6/2018. Status Conference set for 9/11/2018 at 09:45 AM in Courtroom 9 before Judge Tanya S. Chutkan. (tb) (Entered: 08/22/2018) 09/06/2018 18 NOTICE of Appearance by Shruti Chaganti Barker on behalf of All Plaintiffs (Barker, Shruti) (Entered: 09/06/2018) 09/06/2018 19 Joint STATUS REPORT by CONSERVATION LANDS FOUNDATION, GRAND STAIRCASE ESCALANTE PARTNERS, SOCIETY OF VERTEBRATE PALEONTOLOGY. (Guzy, Gary) (Entered: 09/06/2018) 09/11/2018 Minute Entry for proceedings held before Judge Tanya S. Chutkan: Status Conference held on 9/11/2018. Written Scheduling Order to be issued by the Court. (Court Reporter: Bryan A. Wayne) (jth) (Entered: 09/11/2018) 09/11/2018 20 ORDER: The parties shall submit a joint status report within forty−five days from the date of this Order. See Order for more details. Signed by Judge Tanya S. Chutkan on 9/11/2018. (lctsc2). (Entered: 09/11/2018) 10/25/2018 21 Unopposed MOTION for Extension of Time to Complete Search by OFFICE OF MANAGEMENT AND BUDGET (Attachments: # 1 Proposed Order)(Simon, Jeremy) (Entered: 10/25/2018) 10/26/2018 22 Joint STATUS REPORT by COUNCIL ON ENVIRONMENTAL QUALITY, DEPARTMENT OF THE INTERIOR, OFFICE OF MANAGEMENT AND BUDGET. (Simon, Jeremy) (Entered: 10/26/2018) 10/29/2018 MINUTE ORDER: Granting 21 Consent Motion for Extension of Deadlines. The Office of Management and Budget has until November 2, 2018 to complete its search. The parties shall file a joint status report and proposed order by 11/20/18. Signed by Judge Tanya S. Chutkan on 10/29/18. (DJS) (Entered: 10/29/2018) 10/30/2018 Set/Reset Deadlines: Search completion due by 11/2/2018. Joint Status Report due by 11/20/2018. (tb) (Entered: 10/30/2018) 11/19/2018 23 Consent MOTION for Extension of Time to File Joint Status Report by COUNCIL ON ENVIRONMENTAL QUALITY, DEPARTMENT OF THE INTERIOR, OFFICE OF MANAGEMENT AND BUDGET (Attachments: # 1 Proposed Order)(Simon, Jeremy) (Entered: 11/19/2018) 11/19/2018 MINUTE ORDER: Granting 23 Consent Motion for Extension of Time to File Joint Status Report. The parties shall file a joint status report by 12/10/18, along with a proposed order. Signed by Judge Tanya S. Chutkan on 11/19/18. (DJS) (Entered: 11/19/2018) 12/10/2018 24 Joint STATUS REPORT by CONSERVATION LANDS FOUNDATION, GRAND STAIRCASE ESCALANTE PARTNERS, SOCIETY OF VERTEBRATE PALEONTOLOGY. (Attachments: # 1 Text of Proposed Order, # 2 Text of Proposed Order)(Guzy, Gary) (Entered: 12/10/2018) 12/14/2018 MINUTE ORDER: A status conference is set for January 11, 2019 at 11:00 a.m., in Courtroom 9. The Government is ORDERED to bring in representatives from the Department of the Interior, the Council on Environmental Quality, and the Office of Management and Budget. The representatives shall be prepared to discuss the status of Plaintiffs' requests, the number of documents pending processing, and anticipated production dates. Further, the parties shall file an updated joint status report by January 4, 2019. Signed by Judge Tanya S. Chutkan on 12/14/2018. (lctsc1) (Entered: 12/14/2018) Case: 1:17-cv-02825-TSC As of: 01/11/2019 07:11 AM EST 6 of 6 12/18/2018 Set/Reset Deadlines/Hearings: Joint Status Report due by 1/4/2019. Status Conference set for 1/11/2019 at 11:00 AM in Courtroom 9 before Judge Tanya S. Chutkan. (tb) (Entered: 12/18/2018) 01/03/2019 25 Unopposed MOTION to Stay in Light of Lapse of Appropriations by COUNCIL ON ENVIRONMENTAL QUALITY, DEPARTMENT OF THE INTERIOR, OFFICE OF MANAGEMENT AND BUDGET (Simon, Jeremy) (Entered: 01/03/2019) 01/07/2019 MINUTE ORDER: Denying 25 Without Prejudice Motion to Stay for failure to comply with Local Civil Rule 7(c), which requires that "[e]ach motion... shall be accompanied by a proposed order." Signed by Judge Tanya S. Chutkan on 1/7/19. (DJS) (Entered: 01/07/2019) 01/08/2019 26 Unopposed MOTION to Stay (renewed) in Light of Lapse in Appropriations by COUNCIL ON ENVIRONMENTAL QUALITY, DEPARTMENT OF THE INTERIOR, OFFICE OF MANAGEMENT AND BUDGET (Simon, Jeremy) (Entered: 01/08/2019) 01/10/2019 MINUTE ORDER: Granting 26 Motion to Stay. The hearing set for 1/11/19 is hereby VACATED. 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 1/10/19. (DJS) (Entered: 01/10/2019)