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Case TitleCAUSE OF ACTION INSTITUTE v. NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2017cv01329
Date Filed2017-07-06
Date ClosedOpen
JudgeJudge Dabney L. Friedrich
PlaintiffCAUSE OF ACTION INSTITUTE
Case DescriptionCause of Action Institute submitted two FOIA requests to the National Oceanic and Atmospheric Administration for records concerning the retention of social media messages. Cause of Action Institute requested a fee waiver for its first request and expedited processing as part of its second request. The agency acknowledged receipt of the requests. It granted Cause of Action's fee waiver request pertaining to its first FOIA request and denied its request for expedited processing in regard to the second FOIA request. The agency indicated that no charges would be incurred as a result of processing the second FOIA request, but later changed its mind and told Cause of Action to provide further information to supplement its fee waiver request. Cause of Action did so. The agency then invoked unusual circumstances. After hearing nothing further from the agency, Cause of Action Institute filed suit.
Complaint issues: Litigation - Attorney's fees, Failure to respond within statutory time limit

DefendantNATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
Complaint attachment 7
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Complaint attachment 9
Complaint attachment 10
Complaint attachment 11
Complaint attachment 12
Complaint attachment 13
Complaint attachment 14
Complaint attachment 15
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2017-07-061COMPLAINT against NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION ( Filing fee $ 400 receipt number 0090-5019618) filed by CAUSE OF ACTION INSTITUTE. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Civil Cover Sheet, # 13 Summons NOAA, # 14 Summons USAG, # 15 Summons Civil Process Clerk)(Mulvey, Ryan) (Entered: 07/06/2017)
2017-07-062LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by CAUSE OF ACTION INSTITUTE (Mulvey, Ryan) (Entered: 07/06/2017)
2017-07-06Case Assigned to Judge Tanya S. Chutkan. (sth) (Entered: 07/06/2017)
2017-07-063SUMMONS (3) Issued Electronically as to NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Summons, # 2 Summons, # 3 Summons)(sth) (Entered: 07/06/2017)
2017-07-064NOTICE of Appearance by Eric R. Bolinder on behalf of CAUSE OF ACTION INSTITUTE (Bolinder, Eric) (Entered: 07/06/2017)
2017-07-065NOTICE of Appearance by Julie A. Smith on behalf of CAUSE OF ACTION INSTITUTE (Smith, Julie) (Entered: 07/06/2017)
2017-07-106RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION served on 7/7/2017 (Mulvey, Ryan) (Entered: 07/10/2017)
2017-07-107RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 7/10/2017. (Mulvey, Ryan) (Entered: 07/10/2017)
2017-07-108RETURN 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. (Mulvey, Ryan) (Entered: 07/10/2017)
2017-08-089NOTICE of Appearance by Joshua M. Kolsky on behalf of NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION (Kolsky, Joshua) (Entered: 08/08/2017)
2017-08-0810Consent MOTION for Extension of Time to File Answer re 1 Complaint, by NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION (Attachments: # 1 Text of Proposed Order)(Kolsky, Joshua) (Entered: 08/08/2017)
2017-08-08MINUTE ORDER: Granting 10 Motion for Extension of Time to Answer. Defendant shall answer or otherwise respond to the complaint by August 16, 2017. Signed by Judge Tanya S. Chutkan on 8/8/17. (DJS) (Entered: 08/08/2017)
2017-08-08Set/Reset Deadlines: Answer due by 8/16/2017. (tb) (Entered: 08/08/2017)
2017-08-1611ANSWER to Complaint by NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION.(Kolsky, Joshua) (Entered: 08/16/2017)
2017-08-17MINUTE 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 proposed order not later than 9/7/17. Signed by Judge Tanya S. Chutkan on 8/17/17. (DJS) (Entered: 08/17/2017)
2017-08-22Set/Reset Deadlines: Joint Status Report due by 9/7/2017. (tb) (Entered: 08/22/2017)
2017-09-0712Joint STATUS REPORT by NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION. (Attachments: # 1 Text of Proposed Order)(Kolsky, Joshua) (Entered: 09/07/2017)
2017-09-08MINUTE ORDER: Having considered the parties' Joint Status Report 12 , it is hereby ordered that the parties shall file another Joint Status Report by October 9, 2017 and every 60 days thereafter. To the extent the report contains a proposed briefing schedule, the parties shall include a proposed order. Signed by Judge Tanya S. Chutkan on 9/8/17. (DJS) (Entered: 09/08/2017)
2017-09-08Set/Reset Deadlines: Joint Status Report due by 10/9/2017. (tb) (Entered: 09/08/2017)
2017-10-1013Joint STATUS REPORT by NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION. (Kolsky, Joshua) (Entered: 10/10/2017)
2017-10-12MINUTE ORDER: Having considered the parties Joint Status Report 13 , it is hereby ordered that the parties shall file another joint report and a proposed order by December 6, 2017. Signed by Judge Tanya S. Chutkan on 10/12/17. (DJS) Modified to correct typo on 10/12/2017 (znmw). (Entered: 10/12/2017)
2017-10-13Set/Reset Deadlines: Joint Status Report due by 12/6/2017. (tb) (Entered: 10/13/2017)
2017-12-04Case directly reassigned to Judge Dabney L. Friedrich. Judge Tanya S. Chutkan is no longer assigned to the case. (ztnr) (Entered: 12/04/2017)
2017-12-0614Joint STATUS REPORT by NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION. (Kolsky, Joshua) (Entered: 12/06/2017)
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by FOIA Project Staff