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Case TitleAMERICAN OVERSIGHT v. FEDERAL EMERGENCY MANAGEMENT AGENCY
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2018cv02470
Date Filed2018-10-26
Date ClosedOpen
JudgeJudge Carl J. Nichols
PlaintiffAMERICAN OVERSIGHT
Case DescriptionAmerican Oversight submitted a FOIA request to the Federal Emergency Management Agency for records concerning the provision of emergency meals for victims of Hurricanes Maria and Irma. American Oversight submitted a second FOIA request to FEMA for records concerning the provision of emergency fuel because of Hurricanes Maria and Irma. American Oversight submitted a third FOIA request to FEMA for records concerning hurricane preparedness assessments for Puerto Rico and the U.S. Virgin Islands. The agency acknowledged receipt of the requests, but after hearing nothing further from the agency, American Oversight filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Vaughn index, Litigation - Attorney's fees

DefendantFEDERAL EMERGENCY MANAGEMENT AGENCY
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2018-10-261COMPLAINT against FEDERAL EMERGENCY MANAGEMENT AGENCY ( Filing fee $ 400 receipt number 0090-5760288) filed by AMERICAN OVERSIGHT. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons, # 4 Summons)(Evers, Austin) (Entered: 10/26/2018)
2018-10-262LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by AMERICAN OVERSIGHT (Evers, Austin) (Entered: 10/26/2018)
2018-10-26Case Assigned to Judge Amit P. Mehta. (zmd) (Entered: 10/26/2018)
2018-10-313SUMMONS (3) Issued Electronically as to FEDERAL EMERGENCY MANAGEMENT AGENCY, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Summons 2nd, # 2 Summons 3rd, # 3 Notice and Consent) (zmd) (Entered: 10/31/2018)
2018-11-024MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Katherine M. Anthony, :Firm- American Oversight, :Address- 1030 15th St. NW, B255, Washington, DC 20005. Phone No. - (202) 897-3918. Fax No. - (202) 871-6523 Filing fee $ 100, receipt number 0090-5772439. Fee Status: Fee Paid. by AMERICAN OVERSIGHT (Attachments: # 1 Declaration, # 2 Text of Proposed Order)(Evers, Austin) (Entered: 11/02/2018)
2018-11-05MINUTE ORDER granting 4 Motion for Leave to Appear Pro Hac Vice. Katherine M. Anthony is hereby admitted pro hac vice to appear in this matter on behalf of Plaintiff. Signed by Judge Amit P. Mehta on 11/05/2018. (lcapm1) (Entered: 11/05/2018)
2018-11-135RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 11/1/2018. ( Answer due for ALL FEDERAL DEFENDANTS by 12/1/2018.), RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 11/05/2018., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. FEDERAL EMERGENCY MANAGEMENT AGENCY served on 11/5/2018 (Attachments: # 1 Exhibit A)(Anthony, Katherine) (Entered: 11/13/2018)
2018-11-216NOTICE of Appearance by Marsha Wellknown Yee on behalf of FEDERAL EMERGENCY MANAGEMENT AGENCY (Yee, Marsha) (Entered: 11/21/2018)
2018-12-037ANSWER to Complaint by FEDERAL EMERGENCY MANAGEMENT AGENCY.(Yee, Marsha) (Entered: 12/03/2018)
2018-12-048ORDER. Both a Complaint and an Answer are now before the court in this FOIA case. It is hereby ordered that the parties shall meet and confer and file a Joint Status Report on or before December 18, 2018. The Joint Status Report shall include (1) the status of Plaintiff's FOIA request; (2) the anticipated number of documents responsive to Plaintiff's FOIA request; (3) the anticipated date(s) for release of the documents requested by Plaintiff; (4) whether a motion for stay is likely under Open America v. Watergate Special Prosecution Force, 547 F.2d 605 (D.C. Cir. 1976); and (5) whether the parties anticipate summary judgment briefing and, if so, a proposed briefing schedule. Signed by Judge Amit P. Mehta on 12/04/2018. (lcapm1) Modified on 12/6/2018 (zjd). (Entered: 12/04/2018)
2018-12-04Set/Reset Deadlines: Joint Status Report due by 12/18/2018. (zjd) (Entered: 12/06/2018)
2018-12-189Joint STATUS REPORT by FEDERAL EMERGENCY MANAGEMENT AGENCY. (Yee, Marsha) (Entered: 12/18/2018)
2018-12-18MINUTE ORDER. The parties shall file a Joint Status Report no later than January 29, 2019, which updates the court on Defendant's processing and production of responsive information. Signed by Judge Amit P. Mehta on 12/18/2018. (lcapm1) (Entered: 12/18/2018)
2018-12-18Set/Reset Deadlines: Joint Status Report due by 1/29/2019. (zjd) (Entered: 12/19/2018)
2019-01-2310MOTION to Stay , MOTION for Extension of Time to in Light of Lapse of Appropriations by FEDERAL EMERGENCY MANAGEMENT AGENCY (Attachments: # 1 Text of Proposed Order)(Hudak, Brian) (Entered: 01/23/2019)
2019-01-25MINUTE ORDER denying 10 Defendant's Motion to Stay as soon-to-be moot. The parties shall file a Joint Status Report no later than February 5, 2019, updating the court on Defendant's processing and production of responsive information. Signed by Judge Amit P. Mehta on 01/25/2019. (lcapm1) (Entered: 01/25/2019)
2019-01-25Set/Reset Deadlines: Joint Status Report due by 2/5/2019. (zjd) (Entered: 01/29/2019)
2019-02-0511Joint STATUS REPORT by FEDERAL EMERGENCY MANAGEMENT AGENCY. (Yee, Marsha) (Entered: 02/05/2019)
2019-02-06MINUTE ORDER. The parties shall file a Joint Status Report by April 5, 2019, updating the court on Defendant's search and production efforts. Signed by Judge Amit P. Mehta on 02/06/2019. (lcapm1) (Entered: 02/06/2019)
2019-02-06Set/Reset Deadlines: Joint Status Report due by 4/5/2019. (zjd) (Entered: 02/06/2019)
2019-04-0512Joint STATUS REPORT by FEDERAL EMERGENCY MANAGEMENT AGENCY. (Yee, Marsha) (Entered: 04/05/2019)
2019-04-08MINUTE ORDER. The court is concerned about the number of potentially responsive records and the time it will take to review and produce responsive material. In their next Joint Status Report, due by June 18, 2019, the parties shall detail their efforts to narrow or prioritize the materials sought and set forth a production schedule. Signed by Judge Amit P. Mehta on 04/08/2019. (lcapm1) (Entered: 04/08/2019)
2019-04-08Set/Reset Deadlines: Joint Status Report due by 6/18/2019. (zjd) (Entered: 04/08/2019)
2019-06-1813Joint STATUS REPORT by FEDERAL EMERGENCY MANAGEMENT AGENCY. (Yee, Marsha) (Entered: 06/18/2019)
2019-06-18MINUTE ORDER. The parties shall file a Joint Status Report by August 22, 2019, updating the court on Defendant's search and production efforts. Signed by Judge Amit P. Mehta on 06/18/2019. (lcapm1) (Entered: 06/18/2019)
2019-06-18Set/Reset Deadlines: Joint Status Report due by 8/22/2019. (zjd) (Entered: 06/19/2019)
2019-06-24Case directly reassigned to Judge Carl J. Nichols. Judge Amit P. Mehta is no longer assigned to the case. (rj) (Entered: 06/24/2019)
2019-08-2214Joint STATUS REPORT by FEDERAL EMERGENCY MANAGEMENT AGENCY. (Yee, Marsha) (Entered: 08/22/2019)
2019-08-22MINUTE ORDER. In light of the Parties' 14 Joint Status Report, it is hereby ORDERED that the Parties submit an additional Joint Status Report by November 21, 2019. Signed by Judge Carl J. Nichols on August 22, 2019. (lccjn1) (Entered: 08/22/2019)
2019-08-22Set/Reset Deadlines/Hearings: Joint status report due by 11/21/2019. (zcdw) (Entered: 08/22/2019)
2019-11-2115Joint STATUS REPORT by FEDERAL EMERGENCY MANAGEMENT AGENCY. (Yee, Marsha) (Entered: 11/21/2019)
2019-12-11MINUTE ORDER. In light of the Parties' 15 Joint Status Report, it is hereby ORDERED that the Parties shall submit an additional Joint Status Report on or before January 9, 2020. Signed by Judge Carl J. Nichols on December 11, 2019. (lccjn3) (Entered: 12/11/2019)
2019-12-11Set/Reset Deadlines/Hearings: Joint Status Report due by 1/9/2020. (zcdw) (Entered: 12/11/2019)
2020-01-0916Joint STATUS REPORT by FEDERAL EMERGENCY MANAGEMENT AGENCY. (Yee, Marsha) (Entered: 01/09/2020)
2020-01-09MINUTE ORDER. In light of the Parties' 16 Joint Status Report, it is hereby ORDERED that the Parties shall file an additional Joint Status Report on or before February 6, 2020. Signed by Judge Carl J. Nichols on January 9, 2020. (lccjn3) (Entered: 01/09/2020)
2020-01-09Set/Reset Deadlines/Hearings: Joint Status Report due by 2/6/2020. (zcdw) (Entered: 01/10/2020)
2020-01-3017STIPULATION of Dismissal by AMERICAN OVERSIGHT. (Anthony, Katherine) (Entered: 01/30/2020)
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by FOIA Project Staff
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