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Case TitleFRIENDS OF THE EARTH v. UNITED STATES COAST GUARD
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2016cv00549
Date Filed2016-03-22
Date Closed2016-10-14
JudgeJudge Tanya S. Chutkan
PlaintiffFRIENDS OF THE EARTH a District of Columbia non-profit corporation
Case DescriptionFriends of the Earth submitted a FOIA request to the U.S. Coast Guard office in Seattle for records related to maritime incidents between July 2009 and February 2015 that occurred near Puget Sound in Washington. Friends of the Earth also requested a fee waiver, which the Seattle office granted. However, the Seattle office apparently assessed $1,000 in fees and told Friends of the Earth that the organization would need to request most of the records from Coast Guard headquarters in Washington, D.C. Headquarters processed parts of the request and charged Friends of the Earth another $987 in fees. Without any apparent explanation of how the fees were assessed, the Coast Guard ultimately told Friends of the Earth that the fee waiver granted by the Seattle office did not apply to those records processed in the Washington, D.C. office. Because Friends of the Earth had failed to pay the assessed fees, the Coast Guard closed its request. Friends of the Earth then filed suit.
Complaint issues: Fees - Commitment to pay, Public Interest Fee Waiver, Litigation - Attorney's fees

DefendantUNITED STATES COAST GUARD an agency of the United States of America
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

2016-03-221COMPLAINT against COAST GUARD ( Filing fee $ 400 receipt number 0090-4455678) filed by FRIENDS OF THE EARTH. (Attachments: # 1 Civil Cover Sheet, # 2 Summons for USCG, # 3 Summons for AG, # 4 Summons for US Atty.)(Bahr, David) (Entered: 03/22/2016)
2016-03-222LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by FRIENDS OF THE EARTH (Bahr, David) (Entered: 03/22/2016)
2016-03-223MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Paul Kampmeier, :Firm- Kampmeier & Knutsen PLLC, :Address- 615 Second Avenue, Suite 360, Seattle, Washington 98104-2245. Phone No. - (206) 223-4088 x 4. Filing fee $ 100, receipt number 0090-4455763. Fee Status: Fee Paid. by FRIENDS OF THE EARTH (Attachments: # 1 Declaration of Paul Kampmeier in Support of PHV motion, # 2 Text of Proposed Order of PHV motion)(Bahr, David) (Entered: 03/22/2016)
2016-03-22Case Assigned to Judge Tanya S. Chutkan. (md) (Entered: 03/23/2016)
2016-03-234SUMMONS (3) Issued Electronically as to UNITED STATES COAST GUARD, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice of Consent) (md) (Entered: 03/23/2016)
2016-03-305CERTIFICATE OF SERVICE by FRIENDS OF THE EARTH re 2 LCvR 7.1 Certificate of Disclosure - Corporate Affiliations/Financial Interests, 1 Complaint, 3 MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Paul Kampmeier, :Firm- Kampmeier & Knutsen PLLC, :Address- 615 Second Avenue, Suite 360, Seattle, Washington 98104-2245. Phone No. - (206) 223-4088 x 4. Filing fee $ 100, re, Case Assigned/Reassigned . (Bahr, David) (Entered: 03/30/2016)
2016-03-31MINUTE ORDER: Granting 3 Motion for Leave to Appear Pro Hac Vice. Attorney Paul August Kampmeier is hereby admitted pro hac vice to appear in this matter on behalf of Plaintiff. Signed by Judge Tanya S. Chutkan on 3/31/16. (DJS) (Entered: 03/31/2016)
2016-04-156RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 04/04/2016. (Kampmeier, Paul) (Entered: 04/15/2016)
2016-04-157RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 4/4/2016. Answer due for ALL FEDERAL DEFENDANTS by 5/4/2016. (Kampmeier, Paul) (Entered: 04/15/2016)
2016-04-158RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES COAST GUARD served on 4/4/2016 (Kampmeier, Paul) (Entered: 04/15/2016)
2016-04-18NOTICE OF ERROR re 6 Summons Returned Executed as to U.S. Attorney General; emailed to paul@kampmeierknutsen.com, cc'd 1 associated attorneys -- The PDF file you docketed contained errors: 1. Please refile document, 2. The green card or electronic postal tracking needs to be attached showing date received (ztd, ) (Entered: 04/18/2016)
2016-04-18NOTICE OF ERROR re 7 Summons Returned Executed in FOIA as to U.S. Attorney; emailed to paul@kampmeierknutsen.com, cc'd 1 associated attorneys -- The PDF file you docketed contained errors: 1. Please refile document, 2. The green card or electronic postal tracking needs to be attached showing date received (ztd, ) (Entered: 04/18/2016)
2016-04-18NOTICE OF ERROR re 8 Summons Returned Executed as to Federal Defendant; emailed to paul@kampmeierknutsen.com, cc'd 1 associated attorneys -- The PDF file you docketed contained errors: 1. Please refile document, 2. The green card or electronic postal tracking needs to be attached showing date received (ztd, ) (Entered: 04/18/2016)
2016-04-199RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. (Kampmeier, Paul) (Entered: 04/19/2016)
2016-04-1910RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 04/04/2016. (Kampmeier, Paul) (Entered: 04/19/2016)
2016-04-1911RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 4/4/2016. Answer due for ALL FEDERAL DEFENDANTS by 5/4/2016. (Kampmeier, Paul) (Entered: 04/19/2016)
2016-04-2212NOTICE of Appearance by Damon William Taaffe on behalf of UNITED STATES COAST GUARD (Taaffe, Damon) (Entered: 04/22/2016)
2016-05-0413ANSWER to Complaint by UNITED STATES COAST GUARD.(Taaffe, Damon) (Entered: 05/04/2016)
2016-05-05MINUTE ORDER: Before the Court in this FOIA case are a complaint and an answer. The requirements of LCvR 16.3 and Rule 26(f) of the Federal Rules of Civil procedure appear to be inapplicable. IT IS HEREBY ORDERED that the parties shall meet and confer and propose a schedule for proceeding in this matter. The schedule shall address the status of Plaintiff's FOIA request, the anticipated number of documents responsive to Plaintiff's FOIA request, the anticipated date(s) for release of the documents requested by Plaintiff, whether a motion for an Open America stay is likely in this case, whether a Vaughn index will be required in this case, whether and when either party anticipates filing a dispositive motion, and any other pertinent issues. The parties shall file a joint status report that addresses these issues and that contains a proposed schedule and order not later than 5/27/16. Signed by Judge Tanya S. Chutkan on 5/5/16. (DJS) (Entered: 05/05/2016)
2016-05-09Set/Reset Deadlines: Status Report due by 5/27/2016 (zsm) (Entered: 05/09/2016)
2016-05-2714Joint STATUS REPORT by UNITED STATES COAST GUARD. (Taaffe, Damon) (Entered: 05/27/2016)
2016-05-31MINUTE ORDER: Having considered the Status Report filed by the parties 14 , it is hereby ordered that the parties shall file another joint status report and proposed order by June 23, 2016, apprising the Court of their progress in resolving this matter and proposing a briefing schedule if it appears that one is necessary. Signed by Judge Tanya S. Chutkan on 5/31/16. (DJS) (Entered: 05/31/2016)
2016-05-31Set/Reset Deadlines: Status Report due by 6/23/2016 (zsm) (Entered: 05/31/2016)
2016-06-2315Joint STATUS REPORT (Second) by FRIENDS OF THE EARTH. (Kampmeier, Paul) (Entered: 06/23/2016)
2016-06-24MINUTE ORDER: Having considered the Joint Status Report filed by the parties 15 , it is hereby ordered that the parties shall file another joint status report by July 22, 2016, apprising the Court of their progress in resolving this matter and proposing a briefing schedule if it appears that one is necessary. The joint status report shall include a proposed order. Signed by Judge Tanya S. Chutkan on 6/24/16. (DJS) (Entered: 06/24/2016)
2016-06-27Set/Reset Deadlines: Status Report due by 7/22/2016 (zsm) (Entered: 06/27/2016)
2016-07-2016Joint STATUS REPORT by FRIENDS OF THE EARTH. (Kampmeier, Paul) (Entered: 07/20/2016)
2016-07-21MINUTE ORDER: Upon consideration of the parties' Third Joint Status Report 16 , it is hereby ORDERED that the parties will file another joint status report by August 26, 2016, apprising the Court of their progress in resolving this matter and proposing a briefing schedule if it appears that one is necessary. The joint status report shall include a proposed order. Status Report due by 8/26/2016. Signed by Judge Tanya S. Chutkan on 7/21/16. (DJS) (Entered: 07/21/2016)
2016-08-2517Joint STATUS REPORT by UNITED STATES COAST GUARD. (Taaffe, Damon) (Entered: 08/25/2016)
2016-09-01MINUTE ORDER: Having considered the status report filed by the parties 17 , it is hereby ordered that the parties shall file another joint status report by September 26, 2016, apprising the Court of their progress in resolving this matter and proposing a briefing schedule if it appears that one is necessary. Any proposed briefing schedule shall also include a proposed order. Signed by Judge Tanya S. Chutkan on 9/1/16. (DJS) (Entered: 09/01/2016)
2016-09-01Set/Reset Deadlines: Status Report due by 9/26/2016 (zsm) (Entered: 09/01/2016)
2016-09-2318Joint STATUS REPORT (Fifth) by FRIENDS OF THE EARTH. (Kampmeier, Paul) (Entered: 09/23/2016)
2016-09-24MINUTE ORDER: Having considered the Status Report filed by the parties 18 it is hereby ordered that the parties shall file another joint status report by October 26, 2016, apprising the Court of their progress in resolving this matter and proposing a briefing schedule if it appears that one is necessary. In proposed order shall accompany any proposed schedules. Signed by Judge Tanya S. Chutkan on 9/24/16. (DJS) (Entered: 09/24/2016)
2016-09-26Set/Reset Deadlines: Status Report due by 10/26/2016 (zsm) (Entered: 09/26/2016)
2016-10-1319NOTICE of Settlement and Proposed Order by UNITED STATES COAST GUARD (Taaffe, Damon) (Entered: 10/13/2016)
2016-10-1420ORDER OF DISMISSAL: Stipulation of Settlement and order dismissing action with prejudice. The court retains jurisdiction to enforce the settlement agreement. (See order for further details). Signed by Judge Tanya S. Chutkan on 10/14/16. (DJS) (Entered: 10/14/2016)
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by FOIA Project Staff