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Case TitlePAVEMENT COATINGS TECHNOLOGY COUNCIL v. UNITED STATES GEOLOGICAL SURVEY
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2014cv01200
Date Filed2014-07-16
Date Closed2019-12-20
JudgeJudge Ketanji Brown Jackson
PlaintiffPAVEMENT COATINGS TECHNOLOGY COUNCIL
Case DescriptionLeonard Kurfirst, an attorney working on behalf of the Pavements Coating Technology Council, made a FOIA request to the U.S. Geological Survey in 2011 for records concerning tar sealants. In June 2014, Kurfirst assigned all rights in his FOIA request to PCTC. Before processing Kurfirst's request, the agency required $28,000 in fees to cover costs. Kurfirst's law firm initially paid the fees but was subsequently reimbursed by PCTC. Over a period of three years, USGS released various batches of documents, some of which contained records it withheld under Exemption 5 (privileges). Other records were withheld under Exemption 6 (invasion of privacy). Although PCTC filed four separate appeals, the agency failed to respond to any of them. PCTC also alleged the agency had not provided other documents responsive to its request. After Kurfirst assigned his rights in the FOIA request to PCTC, the organization filed suit.
Complaint issues: Failure to respond within statutory time limit

DefendantUNITED STATES GEOLOGICAL SURVEY
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
Opinion/Order [36]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2014-07-161COMPLAINT FOR INJUNCTIVE RELIEF against UNITED STATES GEOLOGICAL SURVEY ( Filing fee $ 400 receipt number 0090-3780203) filed by PAVEMENT COATINGS TECHNOLOGY COUNCIL. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Civil Cover Sheet, # 11 Summons U.S. Attorney for D.C., # 12 Summons U.S. AG, # 13 Summons U.S. Geological Survey)(Kanter, David) (Entered: 07/16/2014)
2014-07-162LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by PAVEMENT COATINGS TECHNOLOGY COUNCIL (Kanter, David) (Entered: 07/16/2014)
2014-07-16Case Assigned to Judge Ketanji Brown Jackson. (md, ) (Entered: 07/16/2014)
2014-07-163SUMMONS (3) Issued Electronically as to UNITED STATES GEOLOGICAL SURVEY, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Summons 2nd, # 2 Summons 3rd, # 3 Notice of Consent, # 4 Consent Form) (md, ) (Entered: 07/16/2014)
2014-07-284GENERAL ORDER AND GUIDELINES FOR CIVIL CASES BEFORE JUDGE KETANJI BROWN JACKSON. The Court will hold the parties and counsel responsible for following these directives; failure to conform to this Order may, when appropriate, result in the imposition of sanctions. Signed by Judge Ketanji Brown Jackson on 07/28/2014. (lckbj1) (Entered: 07/28/2014)
2014-08-205RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General July 29, 2014. (Kanter, David) (Entered: 08/20/2014)
2014-08-206RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 8/4/2014. Answer due for ALL FEDERAL DEFENDANTS by 9/3/2014. (Kanter, David) (Entered: 08/20/2014)
2014-08-207RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES GEOLOGICAL SURVEY served on 8/3/2014 (Kanter, David) (Entered: 08/20/2014)
2014-09-038Consent MOTION for Extension of Time to File Answer re 1 Complaint, by UNITED STATES GEOLOGICAL SURVEY (Attachments: # 1 Text of Proposed Order)(Interrante, John) (Entered: 09/03/2014)
2014-09-08MINUTE ORDER granting, for good cause shown, 8 consent Motion for Extension of Time to Answer, nunc pro tunc to 9/3/2014. Defendant shall answer or otherwise respond to the Complaint by 10/3/2014. Signed by Judge Ketanji Brown Jackson on 09/08/2014. (lckbj1) (Entered: 09/08/2014)
2014-10-019Consent MOTION for Extension of Time to File Answer re 1 Complaint, by UNITED STATES GEOLOGICAL SURVEY (Attachments: # 1 Text of Proposed Order)(Interrante, John) (Entered: 10/01/2014)
2014-10-02MINUTE ORDER granting 9 Motion for Extension of Time to Answer. Defendant shall answer or otherwise respond to the complaint by 10/17/2014. Signed by Judge Ketanji Brown Jackson on 10/2/2014. (lckbj1) (Entered: 10/02/2014)
2014-10-02Set/Reset Deadlines: Answer to the Complaint due by 10/17/2014, (hs) (Entered: 10/02/2014)
2014-10-1710ANSWER to Complaint by UNITED STATES GEOLOGICAL SURVEY.(Interrante, John) (Entered: 10/17/2014)
2014-10-28MINUTE ORDER. Before the Court in this FOIA case are a complaint and an answer. It is hereby ORDERED that the parties shall promptly confer and file a joint proposed schedule for briefing or disclosure, by 11/11/2014. Signed by Judge Ketanji Brown Jackson on 10/2//2014. (lckbj1) (Entered: 10/28/2014)
2014-11-1211STATUS REPORT (Joint) by UNITED STATES GEOLOGICAL SURVEY. (Interrante, John) (Entered: 11/12/2014)
2014-11-14MINUTE ORDER. On October 2, 2014, this Court ordered the parties to submit a joint proposed schedule for briefing or disclosure. The parties have responded by representing that they are in the process of negotiating over the documents at issue and have requested filing a further status report rather than a briefing schedule at this time. In light of the parties' attempts to resolve this matter entirely, or at least to narrow the issues before the Court, it is hereby ORDERED that the parties shall file a joint status report on or before December 11, 2014. Signed by Judge Ketanji Brown Jackson on 11/14/2014. (lckbj3, ) (Entered: 11/14/2014)
2014-12-1112STATUS REPORT (Joint) by UNITED STATES GEOLOGICAL SURVEY. (Interrante, John) (Entered: 12/11/2014)
2014-12-16MINUTE ORDER. Based on the parties' representation in their 12 Joint Status Report, it is hereby ORDERED that the parties shall file a further status report by 1/16/2015, which shall include a proposed schedule for further proceedings if litigation is going to be necessary. Signed by Judge Ketanji Brown Jackson on 12/16/2014. (lckbj1) (Entered: 12/16/2014)
2015-01-1613NOTICE OF SUBSTITUTION OF COUNSEL by Joshua M. Kolsky on behalf of UNITED STATES GEOLOGICAL SURVEY Substituting for attorney John G. Interrante (Kolsky, Joshua) (Entered: 01/16/2015)
2015-01-1614STATUS REPORT by PAVEMENT COATINGS TECHNOLOGY COUNCIL. (Kanter, David) (Entered: 01/16/2015)
2015-01-20MINUTE ORDER. Based on the parties' representation in their 14 Joint Status Report, it is hereby ORDERED that the parties shall file a further status report by 5/8/2015, which shall include a proposed schedule for further proceedings if litigation is going to be necessary. Signed by Judge Ketanji Brown Jackson on 1/20/2015. (lckbj1) (Entered: 01/20/2015)
2015-05-0815STATUS REPORT (JOINT) by PAVEMENT COATINGS TECHNOLOGY COUNCIL. (Kanter, David) (Entered: 05/08/2015)
2015-05-11MINUTE ORDER. Based on the parties' representation in their 15 Joint Status Report, it is hereby ORDERED that the parties shall file a further status report by 7/24/2015, which shall include a proposed schedule for further proceedings if litigation is going to be necessary. Signed by Judge Ketanji Brown Jackson on 05/11/2014. (lckbj1) (Entered: 05/11/2015)
2015-05-11Set/Reset Deadlines: Status Report due by 7/24/2015 (tj ) (Entered: 05/11/2015)
2015-07-2416STATUS REPORT (JOINT) by PAVEMENT COATINGS TECHNOLOGY COUNCIL. (Attachments: # 1 Supplement Proposed Scheduling Order)(Kanter, David) (Entered: 07/24/2015)
2015-09-1817Consent MOTION to enter previously submitted briefing schedule re 16 Status Report (Joint) by PAVEMENT COATINGS TECHNOLOGY COUNCIL (Attachments: # 1 Exhibit Exhibit 1 - Proposed Order)(Kanter, David) (Entered: 09/18/2015)
2015-09-23MINUTE ORDER granting 17 Motion to Enter briefing schedule. Defendant's Motion for Summary Judgment is due by 11/23/2015. Plaintiff's Consolidated Opposition and Cross-Motion for Summary Judgment is due by 1/22/20165. Defendant's Consolidated Reply and Opposition to Plaintiff's Cross-Motion is due by 3/7/2016. Plaintiff's Reply in Support of Cross Motion is due by 4/6/2016. Signed by Judge Ketanji Brown Jackson on 09/23/2015. (lckbj1) Modified event title on 9/24/2015 (znmw). (Entered: 09/23/2015)
2015-11-1918Consent MOTION for Extension of Time to File Summary Judgment Motion by UNITED STATES GEOLOGICAL SURVEY (Attachments: # 1 Text of Proposed Order)(Kolsky, Joshua) (Entered: 11/19/2015)
2015-11-23MINUTE ORDER granting, for good cause shown 18 Consent Motion for Extension of Time to File Summary Judgment Motion. It is hereby ORDERED that the briefing schedule in this matter is modified as follows: Defendant's Motion for Summary Judgment is due by 1/22/2016. Plaintiff's Consolidated Opposition and Cross-Motion for Summary Judgment is due by 3/22/2016. Defendant's Consolidated Reply and Opposition to Plaintiff's Cross-Motion is due by 5/6/2016. Plaintiff's Reply in Support of Cross Motion is due by 6/6/2016. Signed by Judge Ketanji Brown Jackson on 11/23/2015. (lckbj1) (Entered: 11/23/2015)
2016-01-2019Unopposed MOTION for Extension of Time to File Summary Judgment Motion by UNITED STATES GEOLOGICAL SURVEY (Attachments: # 1 Text of Proposed Order)(Kolsky, Joshua) (Entered: 01/20/2016)
2016-02-02MINUTE ORDER granting, for good cause shown 19 Consent Motion for Extension of Time to File Summary Judgment Motion, nunc pro tunc. It is hereby ORDERED that the briefing schedule in this matter is modified as follows: Defendant's Motion for Summary Judgment is due by 2/2/2016. Plaintiff's Consolidated Opposition and Cross-Motion for Summary Judgment is due by 4/4/2016. Defendant's Consolidated Reply and Opposition to Plaintiff's Cross-Motion is due by 5/19/2016. Plaintiff's Reply in Support of Cross Motion is due by 6/206/2016. Signed by Judge Ketanji Brown Jackson on 2/2/2016. (lckbj1) (Entered: 02/02/2016)
2016-02-0220MOTION for Summary Judgment by UNITED STATES GEOLOGICAL SURVEY (Attachments: # 1 Declaration (Mahler), # 2 Declaration (Van Metre), # 3 Declaration (May), # 4 Exhibit (Vaughn Index), # 5 Text of Proposed Order)(Kolsky, Joshua) (Entered: 02/02/2016)
2016-03-3021Consent MOTION for Extension of Time to File Response/Reply and Cross-Motion for Summary Judgment by PAVEMENT COATINGS TECHNOLOGY COUNCIL (Attachments: # 1 Text of Proposed Order Scheduling Order)(Kanter, David) (Entered: 03/30/2016)
2016-04-05MINUTE ORDER granting, for good cause shown, 21 Motion for Extension of Time to File Response re 20 Motion for Summary Judgment. It is hereby ORDERED that the briefing schedule in this matter is modified as follows: Plaintiff's Consolidated Opposition and Cross-Motion for Summary Judgment is due by 5/16/2016. Defendant's Consolidated Reply and Opposition to Plaintiff's Cross-Motion is due by 6/30/2016. Plaintiff's Reply in Support of Cross Motion is due by 8/2/2016. Signed by Judge Ketanji Brown Jackson on 04/05/2016. (lckbj1) (Entered: 04/05/2016)
2016-04-06Set/Reset Deadlines: Reply to Cross Motion due by 8/2/2016. (gdf) (Entered: 04/06/2016)
2016-05-1622Joint CROSS MOTION for Summary Judgment by PAVEMENT COATINGS TECHNOLOGY COUNCIL (Attachments: # 1 Affidavit Declaration of Anne LeHuray, # 2 Text of Proposed Order Proposed Order)(Kanter, David) Modified on 5/17/2016 (jf). (Entered: 05/16/2016)
2016-05-17NOTICE OF ERROR re 22 Motion for Summary Judgment; emailed to dkanter@smbtrials.com, cc'd 3 associated attorneys -- The PDF file you docketed contained errors: 1. Two-part docket entry, 2. Please refile document, 3. Same Document(s) using the (Entered: 05/17/2016)
2016-05-1723Memorandum in opposition to re 20 MOTION for Summary Judgment filed by PAVEMENT COATINGS TECHNOLOGY COUNCIL. (Attachments: # 1 Affidavit Declaration of Anne LeHuray, # 2 Text of Proposed Order Proposed Order)(Kanter, David) (Entered: 05/17/2016)
2016-06-2724Unopposed MOTION for Extension of Time to File Combined Summary Judgment Opposition-Reply by UNITED STATES GEOLOGICAL SURVEY (Attachments: # 1 Text of Proposed Order)(Kolsky, Joshua) (Entered: 06/27/2016)
2016-06-30MINUTE ORDER granting, for good cause shown, 24 Unopposed Motion for Extension of Time to File Combined Summary Judgment Reply and Opposition to Cross-Motion for Summary Judgment. It is hereby ORDERED that Defendant shall file its consolidated reply in further support of its motion for summary judgment and opposition to Plaintiff's cross-motion for summary judgment on or before 7/21/2016. Signed by Judge Ketanji Brown Jackson on 06/30/2016. (lckbj1, ) (Entered: 06/30/2016)
2016-06-30MINUTE ORDER. In the interest of judicial efficiency, and in light of the volume of documents at issue in the FOIA matter and the parties' corresponding need for additional time to complete summary judgment briefing, it is hereby ORDERED that this case is administratively STAYED until all dispositive motions have been fully briefed. It is FURTHER ORDERED that the following amended schedule shall govern briefing for the parties' remaining submissions (the deadlines with respect to which are not affected by the stay in this case): (1) As set forth in the minute order of 6/30/2016, Defendant's consolidated reply in further support of its motion for summary judgment and opposition to Plaintiff's cross-motion for summary judgment is due on or before 7/21/2016; and (2) Plaintiff's reply in further support of its cross-motion for summary judgment is due on or before 8/22/2016. The parties are on notice that the Court does not intend to grant any further motions for extensions of time to file any submissions related to dispositive motions, absent exceptional circumstances. Signed by Judge Ketanji Brown Jackson on 06/30/2016. (lckbj1) (Entered: 06/30/2016)
2016-07-01Set/Reset Deadlines: Reply to Cross Motions due by 8/22/2016. Replies due by 7/21/2016. (tj) (Entered: 07/01/2016)
2016-07-2125Memorandum in opposition to re 22 Joint MOTION for Summary Judgment (Cross-Motion) and Opposition to Defendant's Motion for Summary Judgment filed by UNITED STATES GEOLOGICAL SURVEY. (Attachments: # 1 Declaration (Van Metre), # 2 Declaration (May))(Kolsky, Joshua) (Entered: 07/21/2016)
2016-07-2126REPLY to opposition to motion re 20 MOTION for Summary Judgment filed by UNITED STATES GEOLOGICAL SURVEY. (Attachments: # 1 Declaration (Van Metre), # 2 Declaration (May))(Kolsky, Joshua) (Entered: 07/21/2016)
2016-08-0827Consent MOTION for Leave to File its Statement of Material Facts Not in Dispute and its Response to Defendant's Statement of Material Facts Not in Dispute by PAVEMENT COATINGS TECHNOLOGY COUNCIL (Attachments: # 1 Exhibit EXHIBIT 1 TO MOTION, # 2 Exhibit EXHIBIT A TO EXHIBIT 1, # 3 Text of Proposed Order PROPOSED ORDER)(Kanter, David) (Entered: 08/08/2016)
2016-08-11MINUTE ORDER granting Plaintiff's 27 Consent Motion for Leave to File Statement of Material Facts Not in Dispute and Response to Defendant's Statement of Material Facts Not in Dispute. Signed by Judge Ketanji Brown Jackson on 08/11/2016. (lckbj1) (Entered: 08/11/2016)
2016-08-1128Statement of Material Facts Not in Dispute and Response to Defendant's Statement of Facts Not in Dispute re 22 Joint MOTION for Summary Judgment (Cross-Motion) and Opposition to Defendant's Motion for Summary Judgment by PAVEMENT COATINGS TECHNOLOGY COUNCIL (Kanter, David) Modified on 8/12/2016 (jf). (Entered: 08/11/2016)
2016-08-1129RESPONSE re 20 MOTION for Summary Judgment Doc. 23 - omitted attachment: Plaintiff's Statement of Material Facts Not in Dispute and Response to Defendant's Statement of Facts Not in Dispute filed by PAVEMENT COATINGS TECHNOLOGY COUNCIL. (Kanter, David) (Entered: 08/11/2016)
2016-08-2230REPLY to opposition to motion re 22 Joint MOTION for Summary Judgment (Cross-Motion) and Opposition to Defendant's Motion for Summary Judgment (PLAINTIFF'S REPLY IN SUPPORT OF ITS CROSS-MOTION FOR SUMMARY JUDGMENT) filed by PAVEMENT COATINGS TECHNOLOGY COUNCIL. (Attachments: # 1 Declaration Supplemental Declaration of Anne LeHuray, PhD.)(Kanter, David) Modified event title on 8/23/2016 (znmw). (Entered: 08/22/2016)
2016-08-2931RESPONSE to Plaintiff's Statement of Material Facts Not in Dispute filed by UNITED STATES GEOLOGICAL SURVEY. (Attachments: # 1 Declaration)(Kolsky, Joshua) (Entered: 08/29/2016)
2017-01-1332NOTICE OF SUPPLEMENTAL AUTHORITY by PAVEMENT COATINGS TECHNOLOGY COUNCIL (Kanter, David) (Entered: 01/13/2017)
2018-12-1833NOTICE OF SUBSTITUTION OF COUNSEL by Paul Cirino on behalf of UNITED STATES GEOLOGICAL SURVEY Substituting for attorney Joshua M. Kolsky (Cirino, Paul) (Entered: 12/18/2018)
2019-11-0134MOTION for Telephone Status Conference by PAVEMENT COATINGS TECHNOLOGY COUNCIL (Attachments: # 1 Text of Proposed Order for telephonic status conf, # 2 Notice to Counsel/Party notice of filing)(Kanter, David) . (Entered: 11/01/2019)
2019-11-1335ORDER granting 20 Defendant's Motion for Summary Judgment; denying 22 Plaintiff's Cross Motion for Summary Judgment; finding as moot 34 Motion for Telephone Conference. Memorandum Opinion to be issued shortly, absent unforeseen circumstances. Signed by Judge Ketanji Brown Jackson on 11/13/2019. (lckbj2) (Entered: 11/13/2019)
2019-12-1936MEMORANDUM OPINION granting 20 Defendant's Motion for Summary Judgment and denying 22 Plaintiff's Cross Motion for Summary Judgment. Signed by Judge Ketanji Brown Jackson on 12/19/2019. (lckbj2) (Entered: 12/19/2019)
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