Skip to content

Case Detail

[Subscribe to updates]
Case TitleCenter For Biological Diversity v. National Oceanic Atmospheric Association
DistrictCentral District of California
CityWestern Division - Los Angeles
Case Number2:2019cv01082
Date Filed2019-02-13
Date Closed2019-06-12
JudgeJudge Manuel L. Real
PlaintiffCenter For Biological Diversity
Case DescriptionThe Center for Biological Diversity submitted a FOIA request to the National Oceanic and Atmospheric Administration for records concerning the agency's denial of the Center's petition to list Pacific bluefin tuna as an endangered species. The agency acknowledged receipt of the request and ultimately provided 257 records with redactions. The Center filed an administrative appeal challenging the agency's search and its use of Exemption 5 (privileges). The agency acknowledged receipt of the appeal, but after hearing nothing further from the agency, the Center filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Attorney's fees

DefendantNational Oceanic Atmospheric Association
Documents
Docket
Complaint
Complaint attachment 1
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2019-02-131COMPLAINT Receipt No: 0973-23204437 - Fee: $400, filed by Plaintiff Center For Biological Diversity. (Attachments: # 1 Civil Cover Sheet) (Attorney Catherine W Kilduff added to party Center For Biological Diversity(pty:pla))(Kilduff, Catherine) (Entered: 02/13/2019)
2019-02-132Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening), 1 filed by Plaintiff Center For Biological Diversity. (Kilduff, Catherine) (Entered: 02/13/2019)
2019-02-133NOTICE of Interested Parties filed by Plaintiff Center For Biological Diversity, (Kilduff, Catherine) (Entered: 02/13/2019)
2019-02-144NOTICE OF ASSIGNMENT to District Judge Manuel L. Real and Magistrate Judge Patrick J. Walsh. (jtil) (Entered: 02/14/2019)
2019-02-14521 DAY Summons Issued re Complaint (Attorney Civil Case Opening), 1 as to Defendant National Oceanic Atmospheric Association. (jtil) (Entered: 02/14/2019)
2019-03-256PROOF OF SERVICE Executed by Plaintiff Center For Biological Diversity, upon Defendant National Oceanic Atmospheric Association served on 2/25/2019, answer due 4/26/2019. Service of the Summons and Complaint were executed upon the United States Attorneys Office by delivering a copy to by certified mail. Executed upon the Attorney Generals Office of the United States by delivering a copy to by certified mail. Executed upon the officer agency or corporation by delivering a copy to by certified mail. Service was executed in compliance with Federal Rules of Civil Procedure. Due diligence declaration NOT attached. Registered or certified mail return receipt attached. Original Summons returned. (Attachments: # 1 Exhibit Summons, # 2 Exhibit Return receipts, # 3 Exhibit Civil Order)(Kilduff, Catherine) (Entered: 03/25/2019)
2019-04-267STIPULATION Extending Time to Answer the complaint as to National Oceanic Atmospheric Association answer now due 5/7/2019, re Complaint (Attorney Civil Case Opening), 1 filed by Defendant National Oceanic Atmospheric Association.(Attorney Jason K Axe added to party National Oceanic Atmospheric Association(pty:dft))(Axe, Jason) (Entered: 04/26/2019)
2019-05-038STIPULATION for Extension of Time to File Answer to May 28, 2019 re Complaint (Attorney Civil Case Opening), 1 filed by Defendant National Oceanic Atmospheric Association. (Attachments: # 1 Proposed Order)(Axe, Jason) (Entered: 05/03/2019)
2019-05-109ORDER EXTENDING TIMETO RESPOND TOCOMPLAINT by Judge Manuel L. RealI. T IS SO ORDERED that Defendant shall have an extension of time, up to and including May 29, 2019, within which to answer, plead, or otherwise respond to Plaintiffs Complaint. (yl) (Entered: 05/13/2019)
2019-05-1510Notice of Appearance or Withdrawal of Counsel: for attorney Damon A Thayer counsel for Defendant National Oceanic Atmospheric Association. Adding Damon A Thayer as counsel of record for National Oceanic Atmospheric Association for the reason indicated in the G-123 Notice. Filed by Defendant National Oceanic Atmospheric Administration. (Attorney Damon A Thayer added to party National Oceanic Atmospheric Association(pty:dft))(Thayer, Damon) (Entered: 05/15/2019)
2019-05-1511ORDER RE: NOTICE TO COUNSEL upon filing of the complaint by Judge Manuel L. Real. READ CAREFULLY - FAILURE TO COMPLY MAY LEAD TO SANCTIONS. SEE ORDER FOR DETAILS. (cch) (Entered: 05/15/2019)
2019-05-1512Notice of Appearance or Withdrawal of Counsel: for attorney Damon A Thayer counsel for Defendant National Oceanic Atmospheric Association. Jason K. Axe is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Defendant National Oceanic Atmospheric Administration. (Thayer, Damon) (Entered: 05/15/2019)
2019-05-2913ANSWER to Complaint (Attorney Civil Case Opening), 1 filed by Defendant National Oceanic Atmospheric Association.(Thayer, Damon) (Entered: 05/29/2019)
2019-06-0714STIPULATION to Dismiss Case pursuant to Federal Rule of Civil Procedure 41(a)(1)(ii) filed by Defendant National Oceanic Atmospheric Association.(Thayer, Damon) (Entered: 06/07/2019)
2019-06-0715STIPULATION for Order Extension of Plaintiff's Time to file Motion for Attorney's Fees and Costs filed by Defendant National Oceanic Atmospheric Association. (Attachments: # 1 Proposed Order)(Thayer, Damon) (Entered: 06/07/2019)
2019-06-1216MINUTE ORDER (IN CHAMBERS) by Judge Manuel L. Real: Pursuant to the parties' Stipulation for Dismissal of Action with Prejudice pursuant to Federal Rule of Civil Procedure 41(a)(1)(ii) filed 6/7/2019 14 , this action is hereby dismissed. All dates are hereby vacated and off calendar. (Made JS-6. Case Terminated.) Court Reporter: None Present. (gk) (Entered: 06/13/2019)
2019-06-1317ORDER EXTENDING PLAINTIFF'S TIME TO FILE MOTION FOR ATTORNEYS FEES AND COSTS 15 by Judge Manuel L. Real. IT IS HEREBY ORDERED that the time within which to file a motion for attorneys fees and costs shall be extended by 30 days. (lom) (Entered: 06/13/2019)
Hide Docket Events
by FOIA Project Staff
Skip to toolbar