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Case TitleInter-Cooperative Exchange v. United States Department of Commerce et al
DistrictDistrict of Alaska
CityAnchorage
Case Number3:2018cv00227
Date Filed2018-10-02
Date ClosedOpen
JudgeTimothy M. Burgess
PlaintiffInter-Cooperative Exchange an Alaska cooperative corporation
Case DescriptionThe Inter-Cooperative Exchange, a cooperative of fishers who harvest crabs in the Bering Sea, submitted a FOIA request to the National Marine Fisheries Service for records concerning an arbitration council meeting. The agency acknowledged receipt of the request and located 146 responsive pages, including emails. The Exchange argued that the agency had failed to search for text messages, even though the agency had disclosed text messages in relation to its response in another FOIA suit. After hearing nothing further from the agency, the Inter-Cooperative Exchange filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Attorney's fees

DefendantUnited States Department of Commerce
DefendantNational Oceanic and Atmospheric Administration
DefendantNational Marine Fisheries Service
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
Complaint attachment 7
Complaint attachment 8
Complaint attachment 9
Complaint attachment 10
Complaint attachment 11
Complaint attachment 12
Complaint attachment 13
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2018-10-021COMPLAINT for Declaratory and Injunctive Relief Under FOIA against All Defendants ( Filing fee $ 400 receipt number 097--2588438.), filed by Inter-Cooperative Exchange. (Attachments: # 1 Appendix 1, # 2 Appendix 2, # 3 Appendix 3, # 4 Appendix 4, # 5 Appendix 5, # 6 Appendix 6, # 7 Appendix 7, # 8 Appendix 8, # 9 Appendix 9, # 10 Appendix 10, # 11 Appendix 11, # 12 Appendix 12, # 13 Civil Cover Sheet)(Richards, Andrew) (Entered: 10/02/2018)
2018-10-022Corporate Disclosure Statement by Inter-Cooperative Exchange. (Richards, Andrew) (Entered: 10/02/2018)
2018-10-023Civil Cover Sheet. (PXS, COURT STAFF) (Entered: 10/02/2018)
2018-10-024Unissued summons re Defendant U.S. Attorney, (Attachments: # 1 Unissued Summons re Defendant U.S. Attorney General, # 2 Unissued Summons re Defendant United States Department of Commerce, # 3 Unissued Summons re Defendant National Oceanic and Atmospheric Administration, # 4 Unissued Summons re Defendant National Marine Fisheries Service)(PXS, COURT STAFF) (Entered: 10/02/2018)
2018-10-02Summons Issued as to National Marine Fisheries Service, National Oceanic and Atmospheric Administration, United States Department of Commerce, U.S. Attorney and U.S. Attorney General (PXS, COURT STAFF) (Entered: 10/02/2018)
2018-10-085AFFIDAVIT of Service via Certified Mail by Inter-Cooperative Exchange. (Richards, Andrew) (Entered: 10/08/2018)
2018-12-196MOTION for Extension of Time to File Answer [Unopposed] by National Marine Fisheries Service, National Oceanic and Atmospheric Administration, United States Department of Commerce. (Attachments: # 1 Proposed Order)(Pomeroy, Richard) (Entered: 12/19/2018)
2018-12-267TMB TEXT ORDER GRANTING 6 Motion for Extension of Time to File Answer. As agreed by the parties, Defendants' Answer is due on or before 1/4/2019. (NMG, CHAMBERS STAFF) (Entered: 12/26/2018)
2019-02-058STIPULATION Recalculation of U.S. Answer Deadline by National Marine Fisheries Service, National Oceanic and Atmospheric Administration, United States Department of Commerce. (Attachments: # 1 Proposed Order)(Pomeroy, Richard) (Entered: 02/05/2019)
2019-02-069TMB TEXT ORDER GRANTING 8 Stipulation Re Recalculation of U.S. Answer Deadline. The U.S. shall file its Answer to the Complaint on or before 2/22/2019. (NMG, CHAMBERS STAFF) (Entered: 02/06/2019)
2019-02-0610NOTICE of Withdrawal and Substitution of Counsel by Inter-Cooperative Exchange (Richards, Andrew) (Entered: 02/06/2019)
2019-02-2211ANSWER to 1 Complaint, by National Marine Fisheries Service, National Oceanic and Atmospheric Administration, United States Department of Commerce. (Attachments: # 1 Exhibit 1- Appeal Decision)(Pomeroy, Richard) (Entered: 02/22/2019)
2019-03-0512INITIAL CASE STATUS REPORT/CASE SCHEDULING AND PLANNING ORDER: Counsel for plaintiff shall serve and file the Rule 26 Meeting Report within 28 days of service of this order. (RMC, COURT STAFF) (Entered: 03/05/2019)
2019-04-0213REPORT of Rule 26(f) Planning Meeting. (DeLappe, Michelle) (Entered: 04/02/2019)
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by FOIA Project Staff
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