Case Detail

FOIA Project Annotation: Judge Amy Berman Jackson has ruled that PEER has standing to contest the denial of a fee waiver by the National Marine Fisheries Service for a request made on behalf of Jonathan Lee Combs concerning his termination as a contractor under the agency's Fisheries Observer program, but that the organization failed to show that disclosure of the information would shed light on government operations or activities. PEER submitted a request for all records on Combs, indicating that it was making the request on behalf of Combs, and attaching an authorization from Combs to disclose his records. PEER asked for a fee waiver and explained that disclosure of the records would shed light on how NMFS ran its fishery observer program. NMFS denied the fee waiver and reaffirmed its decision on appeal. PEER then filed suit. NMFS argued for the first time in court that Combs was the official requester and that PEER did not have standing to argue for a fee waiver. Jackson rejected the claim, noting that "NMFS's apparent understanding that PEER was the FOIA requester at all times until PEER filed this lawsuit undercuts its assertion now that Combs is actually the FOIA requester." NMFS argued that because the information pertained to Combs he was the real party in interest. However, Jackson noted that "while the Court agrees with the legal proposition that the requesting party is the individual named in the request, it does not agree with NMFS's application of this proposition. The plain language here. . .plainly indicates that PEER is the real party-in-interest. The fact that the requested information pertains to a third-party individual does not deprive the requesting party of standing to challenge the agency action." Turning to the four factors used to assess entitlement to a fee waiver, Jackson indicated that PEER was barely able to show that the records concerned the operations of government and that it had the ability to disseminate the information. She observed that "here, PEER requests routine agency communications about a single individual in the observer program and does not articulate exactly how these communication relate to general agency operations or the observer program as a whole." But she found that PEER had failed to show the informative value of the records or how their disclosure would contribute to public understanding of the government. PEER argued that the records might show misconduct, but Jackson dismissed that claim, pointing out that "the documents PEER requested do not concern misconduct. Thus, even if the Court were to assume that NMFS is guilty of all the legal and ethical violations that PEER and Combs allege, the requested documents are still not likely to increase public understanding about the functions of the government. At the very most, the documents would shed light only on a personnel issue concerning one individual."
Issues: Litigation - Jurisdiction - Proper Party, Public Interest Fee Waiver

Date Filed	Doc #	Docket Text
2012-08-03	1	COMPLAINT against United States Department of Commerce, National Oceanic and Atmospheric Administration, National Marine Fisheries Service ( Filing fee $ 350 receipt number 0090-3026438) filed by PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY. (Attachments: # 1 Summons, # 2 Summons, # 3 Summons, # 4 Civil Cover Sheet)(Douglass, Kathryn) (Entered: 08/03/2012)
2012-08-03		Case Assigned to Judge Amy Berman Jackson. (sth, ) (Entered: 08/03/2012)
2012-08-03	2	ELECTRONIC SUMMONS( 3) Issued as to United States Department of Commerce, National Oceanic and Atmospheric Administration, National Marine Fisheries Service, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Summons, # 2 Summons, # 3 Summons)(sth, ) (Entered: 08/03/2012)
2012-08-23	3	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 8/7/2012. Answer due for ALL FEDERAL DEFENDANTS by 9/6/2012. (Douglass, Kathryn) (Entered: 08/23/2012)
2012-08-23	4	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 8/20/12. (Douglass, Kathryn) (Entered: 08/23/2012)
2012-08-23	5	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. United States Department of Commerce, National Oceanic and Atmospheric Administration, National Marine Fisheries Service served on 8/15/2012 (Douglass, Kathryn) (Entered: 08/23/2012)
2012-08-24	6	NOTICE of Appearance by Jeremy S. Simon on behalf of UNITED STATES DEPARTMENT OF COMMERCE,NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION, NATIONAL MARINE FISHERIES SERVICE (Simon, Jeremy) (Entered: 08/24/2012)
2012-09-06	7	ANSWER to Complaint by UNITED STATES DEPARTMENT OF COMMERCE,NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION, NATIONAL MARINE FISHERIES SERVICE.(Simon, Jeremy) (Entered: 09/06/2012)
2012-09-10	8	ORDER that defendant file on or before 10/8/12 a dispositive motion or, in the alternative, a report setting forth the schedule for document production to plaintiff. Signed by Judge Amy Berman Jackson on 9/10/12. (DMK) (Entered: 09/10/2012)
2012-09-11		Set/Reset Deadlines: Defendant to file a dispositive motion or, in the alternative, a report setting forth the schedule for the production of documents by 10/8/2012. (jth) (Entered: 09/11/2012)
2012-09-18	9	Amended ANSWER to Complaint by UNITED STATES DEPARTMENT OF COMMERCE,NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION, NATIONAL MARINE FISHERIES SERVICE.(Simon, Jeremy) (Entered: 09/18/2012)
2012-10-02	10	Joint MOTION for Extension of Time to File Defendant's Dispositive Motion and for Briefing Schedule by UNITED STATES DEPARTMENT OF COMMERCE,NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION, NATIONAL MARINE FISHERIES SERVICE (Attachments: # 1 Proposed Order)(Simon, Jeremy) (Entered: 10/02/2012)
2012-10-03		MINUTE ORDER granting 10 Joint Motion for Extension of Time to File Dispositive Motion and for Briefing Schedule. It is ORDERED that defendant's motion for summary judgment is due by October 30, 2012, plaintiff's opposition and any cross-motion for summary judgment is due by November 30, 2012, defendant's reply in support of its motion for summary judgment and opposition to plaintiff's cross-motion for summary judgment is due by December 18, 2012, and plaintiff's reply in support of its cross-motion for summary judgment is due by January 10, 2013. Signed by Judge Amy Berman Jackson on 10/3/12. (DMK) (Entered: 10/03/2012)
2012-10-03		Set/Reset Deadlines: defendant's Summary Judgment motions due by 10/30/2012. plaintiff's opposition and cross-motion for Summary Judgment due by 11/30/2012. defendant's reply in support of its Motion for Summary Judgment and opposition to plaintiff's cross-motion due by 12/18/2012. plaintiff's reply due by 1/10/2013 (kc) (Entered: 10/03/2012)
2012-10-08		Set/Reset Deadlines: Defendant's Motion for Summary Judgment is due by 10/30/2012; Plaintiff's Opposition and Cross-Motion is due by 11/30/2012; Defendant's Reply and Opposition to the Cross-Motion is due by 12/18/2012; Plaintiff's Reply to the Cross-Motion is due by 1/10/2013. (jth) (Entered: 10/08/2012)
2012-10-30	11	Consent MOTION for Extension of Time to File Motion for Summary Judgment and to Adjust Related Briefing Deadlines by UNITED STATES DEPARTMENT OF COMMERCE,NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION, NATIONAL MARINE FISHERIES SERVICE (Attachments: # 1 Proposed Order)(Simon, Jeremy) (Entered: 10/30/2012)
2012-10-31		MINUTE ORDER granting 11 Motion for Extension of Time. It is ORDERED that defendant's motion for summary judgment is due by November 8, 2012, plaintiff's opposition and any cross-motion for summary judgment is due by December 7, 2012, defendant's reply in support of its motion for summary judgment and opposition to plaintiff's cross-motion for summary judgment is due by January 8, 2013, and plaintiff's reply in support of its cross-motion for summary judgment is due by January 31, 2013. Signed by Judge Amy Berman Jackson on 10/31/12.(DMK) (Entered: 10/31/2012)
2012-10-31		Set/Reset Deadlines: Defendant's motion for summary judgment is due by 11/8/2012, Plaintiff's opposition and cross-motion is due by 12/7/2012, Defendant's reply and opposition to the cross-motion is due 1/8/2013, Plaintiff's reply to the cross-motion is due by 1/31/2013. (jth) (Entered: 10/31/2012)
2012-11-08	12	MOTION for Summary Judgment and Accompanying Local Rule 7(h) Statement and Supporting Memorandum by UNITED STATES DEPARTMENT OF COMMERCE,NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION, NATIONAL MARINE FISHERIES SERVICE (Attachments: # 1 Proposed Order, # 2 Declaration of Wendy Schumacher, # 3 Declaration of Gene Christopher Rilling)(Simon, Jeremy) (Entered: 11/08/2012)
2012-12-07	13	MOTION for Summary Judgment by PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY (Attachments: # 1 Statement of Facts, # 2 Statement of Facts, # 3 Text of Proposed Order)(Douglass, Kathryn) (Entered: 12/07/2012)
2012-12-07	14	Memorandum in opposition to re 12 MOTION for Summary Judgment and Accompanying Local Rule 7(h) Statement and Supporting Memorandum filed by PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY. (Attachments: # 1 Statement of Facts, # 2 Statement of Facts, # 3 Text of Proposed Order)(Douglass, Kathryn) (Entered: 12/07/2012)
2013-01-08	15	Memorandum in opposition to re 13 MOTION for Summary Judgment filed by UNITED STATES DEPARTMENT OF COMMERCE,NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION, NATIONAL MARINE FISHERIES SERVICE. (Attachments: # 1 Response to Plaintiff's Statement of Alleged Material Facts Not in Dispute, # 2 Proposed Order)(Simon, Jeremy) (Entered: 01/08/2013)
2013-01-08	16	REPLY to opposition to motion re 12 MOTION for Summary Judgment and Accompanying Local Rule 7(h) Statement and Supporting Memorandum filed by UNITED STATES DEPARTMENT OF COMMERCE,NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION, NATIONAL MARINE FISHERIES SERVICE. (Simon, Jeremy) (Entered: 01/08/2013)
2013-01-31	17	REPLY to opposition to motion re 13 MOTION for Summary Judgment filed by PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY. (Douglass, Kathryn) (Entered: 01/31/2013)
2013-02-01		NOTICE OF ERROR re 17 Reply to opposition to Motion; emailed to kdouglass@peer.org, cc'd 3 associated attorneys -- The PDF file you docketed contained errors: 1. Incorrect header/caption/case number, 2. Re-file a corrected caption page (jf, ) (Entered: 02/01/2013)
2013-02-01	18	ERRATA by PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY 17 Reply to opposition to Motion filed by PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY. (Douglass, Kathryn) (Entered: 02/01/2013)
2013-09-11	19	ORDER granting 12 Motion for Summary Judgment; denying 13 Motion for Summary Judgment. (SEE ORDER FOR COMPLETE DETAILS). Signed by Judge Amy Berman Jackson on 9/11/13. (lcabj1) (Entered: 09/11/2013)
2013-09-11	20	MEMORANDUM OPINION. Signed by Judge Amy Berman Jackson on 9/11/13. (lcabj1) (Entered: 09/11/2013)
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