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Case TitleJUDICIAL WATCH, INC. v. U.S. DEPARTMENT OF COMMERCE
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2017cv01283
Date Filed2017-06-29
Date ClosedOpen
JudgeJudge Emmet G. Sullivan
PlaintiffJUDICIAL WATCH, INC.
Case DescriptionJudicial Watch submitted a FOIA request to the National Oceanic and Atmospheric Administration for records concerning communications between NOAA scientist Thomas Karl and Director of the Office of Science and Technology Policy John Holdren. The agency acknowledged receipt of the request, but after hearing nothing further from the agency, Judicial Watch filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Vaughn index, Litigation - Attorney's fees

DefendantU.S. DEPARTMENT OF COMMERCE
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

2017-06-291COMPLAINT against JUDICIAL WATCH, INC. ( Filing fee $ 400 receipt number 0090-5012633) filed by JUDICIAL WATCH, INC.. (Attachments: # 1 Civil Cover Sheet, # 2 Summons USOA, # 3 Summons USAG, # 4 Summons DoC)(Fedeli, Chris) (Entered: 06/29/2017)
2017-06-292LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by JUDICIAL WATCH, INC. (Fedeli, Chris) (Entered: 06/29/2017)
2017-06-29Case Assigned to Judge Emmet G. Sullivan. (jd) (Entered: 06/29/2017)
2017-06-293SUMMONS (3) Issued Electronically as to U.S. DEPARTMENT OF COMMERCE, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Consent Forms)(jd) (Entered: 06/29/2017)
2017-07-144RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 7/10/2017. ( Answer due for ALL FEDERAL DEFENDANTS by 8/9/2017.), RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 7/13/2017., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF COMMERCE served on 7/10/2017 (Attachments: # 1 Declaration of Cristina Rotaru)(Fedeli, Chris) (Entered: 07/14/2017)
2017-07-195STANDING 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 7/19/2017.(Attachments: # 1 Exhibit) (lcegs1) (Entered: 07/19/2017)
2017-08-096NOTICE of Appearance by Marsha Wellknown Yee on behalf of U.S. DEPARTMENT OF COMMERCE (Yee, Marsha) (Entered: 08/09/2017)
2017-08-097NOTICE Regarding Correct Date of Service by U.S. DEPARTMENT OF COMMERCE (Yee, Marsha) (Entered: 08/09/2017)
2017-08-148Consent MOTION for Extension of Time to File Defendant's Response to Plaintiff's Complaint by U.S. DEPARTMENT OF COMMERCE (Attachments: # 1 Text of Proposed Order)(Yee, Marsha) (Entered: 08/14/2017)
2017-08-319ANSWER to Complaint by U.S. DEPARTMENT OF COMMERCE.(Yee, Marsha) (Entered: 08/31/2017)
2017-09-06MINUTE ORDER granting 8 defendant's consent motion for extension of time to file a response to plaintiff's complaint. Signed by Judge Emmet G. Sullivan on 9/6/2017. (lcegs3) (Entered: 09/06/2017)
2017-09-11MINUTE ORDER. Plaintiff brings this action pursuant to the Freedom of Information Act (FOIA), 5 U.S.C. § 552. The parties are directed to meet and confer and propose a joint scheduling order for further proceedings in this case by no later than October 12, 2017. The parties' joint proposed scheduling order shall address the following: (1) The status of plaintiff's FOIA request; (2) The anticipated number of documents responsive to plaintiff's FOIA request; (3) The anticipated date(s) for release of documents responsive to plaintiff's FOIA request; (4) Whether a motion for an Open America stay is likely in this case; (5) Whether a Vaughn index will be required in this case; (6) Whether this case would benefit from referral to a magistrate judge or the District Court Mediation Program for purposes of settlement; and (7) A proposed briefing schedule for dispositive motions, if applicable. If the parties are unable to agree on a joint recommendation, the joint proposed scheduling order shall include each party's individual recommendations. Signed by Judge Emmet G. Sullivan on 9/11/2017. (lcegs3) (Entered: 09/11/2017)
2017-09-12Set/Reset Deadlines: Joint Proposed Scheduling Order due by 10/12/2017. (mac) (Entered: 09/12/2017)
2017-10-1210PROPOSED BRIEFING SCHEDULE by U.S. DEPARTMENT OF COMMERCE. (Attachments: # 1 Text of Proposed Order)(Yee, Marsha) (Entered: 10/12/2017)
2017-10-16MINUTE ORDER in view of 10 parties' joint proposed schedule, it is hereby ordered that the parties shall file a Joint Status Report by January 30, 2018 that shall either propose a filing schedule for dispositive motions or request additional time for the parties to try to resolve any issues without the Court's involvement. Signed by Judge Emmet G. Sullivan on 10/16/2017. (lcegs3) (Entered: 10/16/2017)
2017-10-16Set/Reset Deadlines: Joint Status Report due by 1/30/2018. (mac) (Entered: 10/16/2017)
2018-01-3011Joint STATUS REPORT by U.S. DEPARTMENT OF COMMERCE. (Attachments: # 1 Text of Proposed Order)(Yee, Marsha) (Entered: 01/30/2018)
2018-01-30MINUTE ORDER in view of 11 parties' joint status report, it is hereby ordered that the parties shall file a Joint Status Report by March 6, 2018 that shall either propose a filing schedule for dispositive motions or request additional time for the parties to try to resolve any issues without the Court's involvement. Signed by Judge Emmet G. Sullivan on 1/30/2018. (lcegs3) (Entered: 01/30/2018)
2018-01-31Set/Reset Deadlines: Joint Status Report due by 3/6/2018. (mac) (Entered: 01/31/2018)
2018-03-0612Joint STATUS REPORT by U.S. DEPARTMENT OF COMMERCE. (Attachments: # 1 Text of Proposed Order)(Yee, Marsha) (Entered: 03/06/2018)
2018-03-2713MOTION for Briefing Schedule by JUDICIAL WATCH, INC. (Attachments: # 1 Text of Proposed Order)(Fedeli, Chris) (Entered: 03/27/2018)
2018-03-30MINUTE ORDER granting 13 plaintiff's unopposed motion for a briefing schedule. Parties shall therefore adhere to the following briefing schedule: defendant's motion for summary judgment shall be filed by May 23, 2018; plaintiff's opposition and any cross-motion for summary judgment shall be filed by June 25, 2018; defendants opposition and reply shall be filed by July 26, 2018; and Plaintiffs reply shall be filed by August 16, 2018. Signed by Judge Emmet G. Sullivan on 3/30/2018. (lcegs3) (Entered: 03/30/2018)
2018-03-30Set/Reset Deadlines: Defendant's Motion For Summary Judgment due by 5/23/2018. Plaintiff's Opposition And Any Cross-Motion For Summary Judgment due by 6/25/2018. Defendants Opposition And Reply due by 7/26/2018. Plaintiffs Reply due by 8/16/2018. (mac) (Entered: 03/30/2018)
2018-05-2314MOTION for Summary Judgment by U.S. DEPARTMENT OF COMMERCE (Attachments: # 1 Statement of Facts, # 2 Declaration Mark H. Graff, # 3 Text of Proposed Order)(Yee, Marsha) (Entered: 05/23/2018)
2018-06-2015Memorandum in opposition to re 14 MOTION for Summary Judgment filed by JUDICIAL WATCH, INC.. (Attachments: # 1 Statement of Facts)(Fedeli, Chris) (Entered: 06/20/2018)
2018-06-2016Cross MOTION for Summary Judgment by JUDICIAL WATCH, INC. (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Text of Proposed Order)(Fedeli, Chris) (Entered: 06/20/2018)
2018-07-2617REPLY to opposition to motion re 14 MOTION for Summary Judgment filed by U.S. DEPARTMENT OF COMMERCE. (Attachments: # 1 Def.'s Resps. to Pl.'s SMF, # 2 Second Decl. of Mark H. Graff, # 3 Exhibit 3 (Revised Vaughn Index), # 4 Exhibit 4)(Yee, Marsha) (Entered: 07/26/2018)
2018-07-2618Memorandum in opposition to re 16 Cross MOTION for Summary Judgment filed by U.S. DEPARTMENT OF COMMERCE. (Attachments: # 1 Def.'s Resps. to Pl.'s SMF, # 2 Second Decl. of Mark H. Graff, # 3 Exhibit 3 (Revised Vaughn Index), # 4 Exhibit 4, # 5 Text of Proposed Order)(Yee, Marsha) (Entered: 07/26/2018)
2018-08-0919REPLY to opposition to motion re 16 Cross MOTION for Summary Judgment filed by JUDICIAL WATCH, INC.. (Fedeli, Chris) (Entered: 08/09/2018)
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