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Case TitleFOUNDATION FOR FAIR CONTRACTING-C.H.O.I.C.E. v. NASA
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2017cv00362
Date Filed2017-02-28
Date ClosedOpen
JudgeJudge Amit P. Mehta
PlaintiffFOUNDATION FOR FAIR CONTRACTING-C.H.O.I.C.E.
Case DescriptionThe Foundation for Fair Contracting submitted a FOIA request to the National Aeronautics and Space Administration for payroll records for contractors and subcontractors performing construction work at the Goddard Space Center. FFC revised its request to ask only for payroll records for SEMI and Tobar Construction. NASA told FFC that it would disclose the payroll records for Tobar Construction with redactions of personal information under Exemption 6 (invasion of privacy). As to the payroll records for SEMI, the general contractor, NASA said it would withhold the payroll records entirely, citing Exemption 6 and Exemption 4 (confidential business information). NASA subsequently modified its Exemption 4 claims, but continued to withhold some information under Exemption 4. FFC filed an administrative appeal challenging the Exemption 4 claims as well as the Exemption 6 claims to the extent they pertained to information other than identification of employees. NASA upheld its original decision and FFC filed suit.
Complaint issues: Litigation - Attorney's fees

DefendantNASA
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

2017-02-281COMPLAINT against NASA ( Filing fee $ 400 receipt number 0090-4857839) filed by FOUNDATION FOR FAIR CONTRACTING-C.H.O.I.C.E.. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons, # 4 Summons)(Aguilar, Esmeralda) (Entered: 02/28/2017)
2017-02-282Corporate Disclosure Statement by FOUNDATION FOR FAIR CONTRACTING-C.H.O.I.C.E.. (Aguilar, Esmeralda) (Entered: 02/28/2017)
2017-02-28Case Assigned to Judge Amit P. Mehta. (sth) (Entered: 03/01/2017)
2017-03-013SUMMONS (3) Issued Electronically as to NASA, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Summons, # 2 Summons, # 3 Summons)(sth) (Entered: 03/01/2017)
2017-03-094ENTERED IN ERROR.....RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the District of Columbia Attorney General. Date of Service Upon District of Columbia Attorney General 3/3/2017. ( Answer due for ALL D.C. DEFENDANTS by 3/24/2017.), RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. NASA served on 3/3/2017, RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 3/3/2017. ( Answer due for ALL FEDERAL DEFENDANTS by 4/2/2017.) (Attachments: # 1 Summons, # 2 Summons)(Aguilar, Esmeralda) Modified on 3/9/2017 (jf). (Entered: 03/09/2017)
2017-03-09NOTICE OF CORRECTED DOCKET ENTRY: Document No. re 4 Summons Returned Executed as to DC Attorney General,,, Summons Returned Executed as to Federal Defendant,,, Summons Returned Executed in FOIA as to U.S. Attorney,, was entered in error and counsel was instructed to refile said pleading as to the correct party served and service date. (jf) (Entered: 03/09/2017)
2017-03-135RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. NASA served on 3/2/2017, RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 03/02/2017., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 3/2/2017. ( Answer due for ALL FEDERAL DEFENDANTS by 4/1/2017.) (Attachments: # 1 Summons, # 2 Summons)(Aguilar, Esmeralda) (Entered: 03/13/2017)
2017-03-146NOTICE of Appearance by Lucas Robert Jason Aubrey on behalf of FOUNDATION FOR FAIR CONTRACTING-C.H.O.I.C.E. (Aubrey, Lucas) (Entered: 03/14/2017)
2017-03-147NOTICE of Appearance by Richard Michael Resnick on behalf of All Plaintiffs (Resnick, Richard) (Entered: 03/14/2017)
2017-03-288NOTICE of Appearance by Damon William Taaffe on behalf of NASA (Taaffe, Damon) (Entered: 03/28/2017)
2017-04-039ANSWER to Complaint by NASA.(Taaffe, Damon) (Entered: 04/03/2017)
2017-04-0410ORDER: Both a Complaint and an Answer are now before the court in this FOIA case. It is hereby ordered that the parties shall meet and confer and file a Joint Status Report on or before April 18, 2017. See the attached Order for additional details. Signed by Judge Amit P. Mehta on 04/04/2017. (lcapm2) (Entered: 04/04/2017)
2017-04-04Set/Reset Deadlines/Hearings: Joint Status Report due by 4/18/2017. (cdw) (Entered: 04/04/2017)
2017-04-1811Joint STATUS REPORT by NASA. (Taaffe, Damon) (Entered: 04/18/2017)
2017-04-1812MOTION for Briefing Schedule by NASA. (See Docket Entry 11 to view document) (jf) (Entered: 04/19/2017)
2017-04-19MINUTE ORDER: In light of 11 the parties' Joint Status Report, the schedule for further proceedings in this matter shall be as follows: Defendant's Motion for Summary Judgment shall be filed on or before May 17, 2017; Plaintiff's Opposition to Defendant's Motion for Summary Judgment and Cross-Motion for Summary Judgment shall be filed on or before June 30, 2017; Defendant's Reply in Support of its Motion for Summary Judgment and Opposition to Plaintiff's Cross-Motion for Summary Judgment shall be filed on or before August 14, 2017; Plaintiff's Reply in Support of its Cross-Motion for Summary Judgment shall be filed on or before August 29, 2017. Signed by Judge Amit P. Mehta on 04/19/2017. (lcapm2) (Entered: 04/19/2017)
2017-04-19Set/Reset Deadlines/Hearings: Defendant's Summary Judgment motion due by 5/17/2017. Response to Motion for Summary Judgment due by 6/30/2017. Reply to Motion for Summary Judgment due by 8/14/2017. Plaintiff's Cross Motion due by 6/30/2017. Response to Cross Motion due by 8/14/2017. Reply to Cross Motion due by 8/29/2017. (cdw) (Entered: 04/20/2017)
2017-05-1713MOTION for Summary Judgment by NASA (Attachments: # 1 Exhibit 1 FFC Request, # 2 Exhibit 2 NASA GSFC Request to SEMI, # 3 Exhibit 3 SEMI Objections, # 4 Exhibit 4 NASA 4 GSFC Request to Tobar, # 5 Exhibit 5 Tobar response, # 6 Exhibit 6 Initial determination, # 7 Exhibit 7 Notice to SEMI, # 8 Exhibit 8 Revised initial determination, # 9 Exhibit 9 Transmission of records, # 10 Exhibit 10 FFC Appeal, # 11 Exhibit 11 Decision on appeal, # 12 Exhibit 12 Revised notice to SEMI, # 13 Exhibit 13 Release of certified payroll records, # 14 Exhibit 14 Maqueda affidavit, # 15 Exhibit 15 Kaelberer declaration, # 16 Exhibit 16 Belt declaration, # 17 Exhibit 17 Vaughn index)(Taaffe, Damon) (Entered: 05/17/2017)
2017-06-3014Cross MOTION for Summary Judgment by FOUNDATION FOR FAIR CONTRACTING-C.H.O.I.C.E. (Attachments: # 1 Declaration, # 2 Declaration, # 3 Declaration, # 4 Declaration, # 5 Declaration, # 6 Text of Proposed Order)(Aguilar, Esmeralda) (Entered: 06/30/2017)
2017-06-3015Memorandum in opposition to re 13 MOTION for Summary Judgment filed by FOUNDATION FOR FAIR CONTRACTING-C.H.O.I.C.E.. (Attachments: # 1 Declaration, # 2 Declaration, # 3 Declaration, # 4 Declaration, # 5 Declaration, # 6 Text of Proposed Order)(Aguilar, Esmeralda) (Entered: 06/30/2017)
2017-08-1016Consent MOTION for Extension of Time to File Response/Reply as to 13 MOTION for Summary Judgment , 14 Cross MOTION for Summary Judgment by NASA (Taaffe, Damon) (Entered: 08/10/2017)
2017-08-11MINUTE ORDER granting 16 Defendant's Consent Motion for Extension of Time. Defendant's Reply and Opposition to Plaintiff's Cross-Motion for Summary Judgment shall be filed on or before October 13, 2017. Signed by Judge Amit P. Mehta on 08/11/2017. (lcapm2) (Entered: 08/11/2017)
2017-08-11Set/Reset Deadlines/Hearings: Defendant's reply to Motion for Summary Judgment/Response to Cross Motion due by 10/13/2017. (cdw) (Entered: 08/11/2017)
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by FOIA Project Staff