Skip to content

Case Detail

[Subscribe to updates]
Case TitleCOLE v. MAY et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2015cv01991
Date Filed2015-11-12
Date ClosedOpen
JudgeJudge Emmet G. Sullivan
PlaintiffDAVID COLE
Case DescriptionDavid Cole submitted a FOIA request to the Federal Emergency Management Agency for records concerning the investigation of the collapse of the World Trade Center buildings on Sept. 11, 2001. Cole submitted a second request to FEMA which was transferred to the National Institutes for Standards and Technology. After both agencies failed to respond to the requests, Cole filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Vaughn index, Litigation - Attorney's fees

DefendantWILLIE E. MAY in his official capacity as Director of NIST
DefendantNATIONAL INSTITUTES FOR STANDARDS AND TECHNOLOGY
DefendantWILLIAM CRAIG FUGATE in his official capacity as Director of FEMA
DefendantFEMA EMERGENCY MANAGEMENT AGENCY
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Opinion/Order [19]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2015-11-121COMPLAINT FOR INJUNCTIVE RELIEF against FEMA EMERGENCY MANAGEMENT AGENCY, WILLIAM CRAIG FUGATE, Willie E. May, National Institutes for Standards and Technology ( Filing fee $ 400 receipt number 0090-4313946) filed by David Cole. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Summons)(Colapinto, David) (Entered: 11/12/2015)
2015-11-12Case Assigned to Judge Emmet G. Sullivan. (sth) (Entered: 11/13/2015)
2015-11-132SUMMONS(4) Issued Electronically as to FEMA EMERGENCY MANAGEMENT AGENCY, WILLIAM CRAIG FUGATE, WILLIE E. MAY, NATIONAL INSTITUTES FOR STANDARDS AND TECHNOLOGY. (Attachments: # 1 Summons, # 2 Summons, # 3 Summons, # 4 Summons)(sth) (Entered: 11/13/2015)
2015-11-133MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Mick G. Harrison, :Address- 520 S. Walnut Street, #1147, Bloomington, IN 4702. Phone No. - 812-361-6220. Fax No. - 812-650-4374 Filing fee $ 100, receipt number 0090-4314853. Fee Status: Fee Paid. by DAVID COLE (Attachments: # 1 Declaration, # 2 Text of Proposed Order)(Colapinto, David) (Entered: 11/13/2015)
2015-11-20MINUTE ORDER granting 3 Motion for Admission Pro Hac Vice of attorney Mick G. Harrison. Mick G. Harrison is hereby admitted pro hac vice in this action. Signed by Judge Emmet G. Sullivan on November 20, 2015. (lcegs1) (Entered: 11/20/2015)
2016-02-224NOTICE of Appearance by Jason Todd Cohen on behalf of All Defendants (Cohen, Jason) (Entered: 02/22/2016)
2016-03-025First MOTION for Extension of Time to File Answer re 1 Complaint, by FEMA EMERGENCY MANAGEMENT AGENCY, WILLIAM CRAIG FUGATE, WILLIE E. MAY, NATIONAL INSTITUTES FOR STANDARDS AND TECHNOLOGY (Attachments: # 1 Proposed Order)(Cohen, Jason) (Entered: 03/02/2016)
2016-03-086RESPONSE re 5 First MOTION for Extension of Time to File Answer re 1 Complaint, Consenting to Motion filed by DAVID COLE. (Harrison, Mick) (Entered: 03/08/2016)
2016-03-09MINUTE ORDER. In view of 6 plaintiff's consent to 5 defendants' motion for extension of time to answer or otherwise respond to the complaint, defendants shall answer or otherwise respond to the complaint by no later than April 8, 2016. Signed by Judge Emmet G. Sullivan on March 9, 2016. (lcegs1) (Entered: 03/09/2016)
2016-03-10Set/Reset Deadlines: Defendants Answer due by 4/8/2016. (mac) (Entered: 03/10/2016)
2016-04-087ANSWER to Complaint by FEMA EMERGENCY MANAGEMENT AGENCY, WILLIAM CRAIG FUGATE, WILLIE E. MAY, NATIONAL INSTITUTES FOR STANDARDS AND TECHNOLOGY.(Cohen, Jason) (Entered: 04/08/2016)
2016-04-088Joint STATUS REPORT by FEMA EMERGENCY MANAGEMENT AGENCY, WILLIAM CRAIG FUGATE, WILLIE E. MAY, NATIONAL INSTITUTES FOR STANDARDS AND TECHNOLOGY. (Cohen, Jason) (Entered: 04/08/2016)
2016-04-11MINUTE ORDER. In view of 8 joint status report, the parties are directed to file a status report by no later than June 8, 2016 to update the Court on the progress of the case and make any recommendations for further proceedings. Signed by Judge Emmet G. Sullivan on 4/11/2016. (lcegs1) (Entered: 04/11/2016)
2016-04-12Set/Reset Deadlines: Status Report due by 6/8/2016. (mac) (Entered: 04/12/2016)
2016-06-079Joint STATUS REPORT by DAVID COLE. (Harrison, Mick) (Entered: 06/07/2016)
2016-06-08MINUTE ORDER. In view of 9 joint status report, the parties are directed to file a status report by no later than July 22, 2016 to update the Court on the progress of the case and make any recommendations for further proceedings. Signed by Judge Emmet G. Sullivan on 6/8/2016. (lcegs1) (Entered: 06/08/2016)
2016-06-09Set/Reset Deadlines: Status Report due by 7/22/2016. (mac) (Entered: 06/09/2016)
2016-07-2210Joint STATUS REPORT (Third) by FEMA EMERGENCY MANAGEMENT AGENCY, WILLIAM CRAIG FUGATE, WILLIE E. MAY, NATIONAL INSTITUTES FOR STANDARDS AND TECHNOLOGY. (Cohen, Jason) (Entered: 07/22/2016)
2016-08-09MINUTE ORDER. In view of 10 joint status report, it is HEREBY ORDERED that: (1) defendants shall provide Mr. Cole with a detailed Vaughn Index and a complete response to Mr. Cole's June 7, 2016 e-mail by no later than August 23, 2016; and (2) the parties shall file a joint status report by no later than September 12, 2016. Signed by Judge Emmet G. Sullivan on 8/9/2016. (lcegs1) (Entered: 08/09/2016)
2016-08-10Set/Reset Deadlines: Joint Status Report due by 9/12/2016. (mac) (Entered: 08/10/2016)
2016-09-1211STATUS REPORT of Plaintiff by DAVID COLE. (Harrison, Mick) (Entered: 09/12/2016)
2016-10-0412Supplemental STATUS REPORT by DAVID COLE. (Harrison, Mick) (Entered: 10/04/2016)
2016-10-06MINUTE ORDER. In view of 12 the status report, plaintiff shall inform defendants of any remaining concerns regarding defendants' production by no later than October 11, 2016. Defendants shall provide their response to plaintiff's proposal by November 22, 2016. The parties are directed to file another status report by no later than December 2, 2016, noting whether they believe additional proceedings are necessary. Signed by Judge Emmet G. Sullivan on 10/6/16. (lcegs4) (Entered: 10/06/2016)
2016-10-06Set/Reset Deadlines: Defendants Response to Plaintiff's Proposal due by 11/22/2016. Status Report due by 12/2/2016. (mac) (Entered: 10/06/2016)
2016-10-06Set/Reset Deadlines: Status Report due by 11/3/2016. (mac) (Entered: 10/06/2016)
2016-12-0213Joint STATUS REPORT by DAVID COLE. (Harrison, Mick) (Entered: 12/02/2016)
2016-12-14MINUTE ORDER. In view of 13 the joint status report, the Court will hold a status hearing in this case on January 25, 2017 at 10:30 a.m. in Courtroom 24A. Signed by Judge Emmet G. Sullivan on 12/14/2016. (lcegs4) (Entered: 12/14/2016)
2016-12-14Set/Reset Hearings: Status Conference set for 1/25/2017 at 10:30 AM in Courtroom 24A before Judge Emmet G. Sullivan. (mac) (Entered: 12/14/2016)
2017-01-1114Unopposed MOTION to Continue Status Hearing by DAVID COLE (Harrison, Mick) (Entered: 01/11/2017)
2017-01-11MINUTE ORDER granting 14 unopposed motion for continuance. The status hearing scheduled for January 25, 2017 is hereby vacated and rescheduled for February 15, 2017 at 1:30 p.m. in Courtroom 24A. Signed by Judge Emmet G. Sullivan on 1/11/2017. (lcegs4) (Entered: 01/11/2017)
2017-01-12Set/Reset Hearings: Status Conference set for 2/15/2017 at 1:30 PM in Courtroom 24A before Judge Emmet G. Sullivan. (mac) (Entered: 01/12/2017)
2017-02-15MINUTE ORDER. In view of the call placed by government counsel to Chambers yesterday, the party seeking to attend today's status hearing by phone shall contact Courtroom Deputy Mark Coates at (202) 354-3364. Signed by Judge Emmet G. Sullivan on 2/15/2017.(lcegs4). (Entered: 02/15/2017)
2017-02-15Minute Entry for proceedings held before Judge Emmet G. Sullivan: Status Conference held on 2/15/2017. The Plaintiff Will File A Motion For Limited Discovery. (Court Reporter JANICE DICKMAN.) (mac) (Entered: 02/15/2017)
2017-03-2715MOTION for Discovery by DAVID COLE (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order, # 3 Exhibit 1 June 7 2016 Plaintiff Letter to Defendants, # 4 Exhibit 1a Excerpt from FEMA BPS Appendix D, # 5 Exhibit 1b FEMA Records Inventory sent to NIST in 2002, # 6 Exhibit 1c Silverstein Letter to Gilsanz referencing drawings, # 7 Exhibit 2 Defendants August 23 2016 Letter to Plaintiff, # 8 Exhibit 3 Plaintiff October 11, 2016 Letter to Defendants, # 9 Exhibit 4 Defendants November 22, 2016 Letter to Plaintiffs, # 10 Affidavit of Plaintiff Cole Exhibit 5, # 11 Exhibit 6 FEMA December 23 2011 FOIA Response Letter, # 12 Exhibit 7 FEMA NIST June 29 2012 Letter noting most records are releasable, # 13 Exhibit 8 FEMA August 30 2012 Response to Cole Questions, # 14 Exhibit 9 FEMA May 26 2011 FOIA Request Acknowledgement Letter)(Harrison, Mick) (Entered: 03/27/2017)
2017-04-19MINUTE ORDER directing defendants to respond to 15 plaintiff's motion for discovery by no later than April 21, 2017. If defendants do not respond by that date, the Court may treat the motion as conceded. See Local Civil Rule 7(b) ("Within 14 days of the date of service or at such other time as the Court may direct, an opposing party shall serve and file a memorandum of points and authorities in opposition to the motion. If such a memorandum is not filed within the prescribed time, the Court may treat the motion as conceded."). Signed by Judge Emmet G. Sullivan on 4/19/2017. (lcegs2) (Entered: 04/19/2017)
2017-04-2116Memorandum in opposition to re 15 MOTION for Discovery filed by FEMA EMERGENCY MANAGEMENT AGENCY, WILLIAM CRAIG FUGATE, WILLIE E. MAY, NATIONAL INSTITUTES FOR STANDARDS AND TECHNOLOGY. (Cohen, Jason) (Entered: 04/21/2017)
2017-04-2817REPLY to opposition to motion re 15 MOTION for Discovery filed by DAVID COLE. (Attachments: # 1 Exhibit A, FEMA Inventory of Records Transferred to NARA)(Harrison, Mick) (Entered: 04/28/2017)
2017-07-2818STANDING ORDER: The parties are directed to read the attached Standing Order Governing Civil Cases Before Judge Emmet G. Sullivan in its entirety upon receipt. The parties are hereby ORDERED to comply with the directives in the attached Standing Order. Signed by Judge Emmet G. Sullivan on 7/28/2017. (Attachments: # 1 Exhibit) (lcegs1) (Entered: 07/28/2017)
2018-01-0319MEMORANDUM OPINION AND ORDER denying 15 plaintiff's motion for discovery and directing the parties to submit a joint status report by no later than January 22, 2018. Please see document for further details. Signed by Judge Emmet G. Sullivan on January 3, 2018. (lcegs2) (Entered: 01/03/2018)
2018-01-03Set/Reset Deadlines: Joint Status Report due by 1/22/2018. (mac) (Entered: 01/03/2018)
Hide Docket Events
by FOIA Project Staff