Skip to content

Case Detail

[Subscribe to updates]
Case TitleBarton v. United States Department of Commerce, National Oceanic and Atmospheric Administration
DistrictDistrict of Alaska
CityAnchorage
Case Number3:2017cv00155
Date Filed2017-07-12
Date ClosedOpen
JudgeTimothy M. Burgess
PlaintiffCody Barton
Case DescriptionCody Barton submitted a FOIA request to the National Oceanic and Atmospheric Administration for records concerning the report of a federal fisheries observer who witnessed an onboard accident in which Barton was permanently disabled. The agency withheld most of the report under Exemption 3 (other statutes), citing Section 402(b)(2) of the Magnuson-Stevens Fishery Conservation and Management Act, which provides for confidentiality of observer information. Barton filed an administrative appeal, which was denied. Barton then filed suit.
Complaint issues: Exemption 3

DefendantUnited States Department of Commerce, National Oceanic and Atmospheric Administration
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2017-07-121COMPLAINT FOR INJUNCTIVE RELIEF against United States Department of Commerce, National Oceanic and Atmospheric Administration (Filing fee $400/Receipt #05947G.), filed by Cody Barton. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(PXS, COURT STAFF) (Entered: 07/12/2017)
2017-07-122Civil Cover Sheet. (PXS, COURT STAFF) (Entered: 07/12/2017)
2017-07-123Unissued summons re Defendant United States Department of Commerce, National Oceanic and Atmospheric Administration, (PXS, COURT STAFF) (Entered: 07/12/2017)
2017-07-12Summons Issued as to U.S. Attorney (PXS, COURT STAFF) Modified on 7/13/2017 to reflect correct party(PXS, COURT STAFF). (Entered: 07/12/2017)
2017-07-134Unissued summons re Defendant United States Department of Commerce, National Oceanic and Atmospheric Administration, (Attachments: # 1 Unissued Summons re Defendant US Attorney General)(PXS, COURT STAFF) (Entered: 07/13/2017)
2017-07-13Summons Issued as to United States Department of Commerce, National Oceanic and Atmospheric Administration and U.S. Attorney General (PXS, COURT STAFF) (Entered: 07/13/2017)
2017-07-205ORDER re Motion to Dismiss; parties must meet and confer prior to the filing of a motion to dismiss to determine whether it can be avoided. Signed by Judge Timothy M. Burgess on 7/20/17. (RMC, COURT STAFF) (Entered: 07/20/2017)
2017-07-216CERTIFICATE OF SERVICE by Cody Barton re 1 Complaint, Summons and Complaint Served. FOIA Answer due 8/14/2017 (Gray, Steven) (Entered: 07/21/2017)
2017-07-217NOTICE Notice of Service of Order Re Motion to Dismiss by Cody Barton re 5 Order (Gray, Steven) (Entered: 07/21/2017)
2017-07-258AFFIDAVIT of Service for Affidavit of Service served on U.S. Attorney General; NOAA on 07/21/2017, filed by Cody Barton. (Gray, Steven) (Entered: 07/25/2017)
2017-08-029NOTICE of Appearance by Gerald Markham on behalf of All Plaintiffs (Markham, Gerald) (Entered: 08/02/2017)
2017-08-0810MOTION for Extension of Time to File Answer re 1 Complaint, (Unopposed) by United States Department of Commerce, National Oceanic and Atmospheric Administration. (Attachments: # 1 Proposed Order)(Gray, Sara) (Entered: 08/08/2017)
2017-08-2511Second MOTION for Extension of Time to File Answer re 1 Complaint, Unopposed by United States Department of Commerce, National Oceanic and Atmospheric Administration. (Attachments: # 1 Proposed Order)(Gray, Sara) (Entered: 08/25/2017)
2017-09-1412TMB TEXT ORDER GRANTING 11 Second Motion for Extension of Time to File Answer re 1 Complaint, Unopposed by United States Department Commerce, National Oceanic and Atmospheric Administration; DENYING AS MOOT 10 Motion for Extension of Time to File Answer re 1 Complaint, (Unopposed) by United States Department of Commerce, National Oceanic and Atmospheric Administration. IT IS HEREBY ORDERED that the United States shall respond to Plaintiff's Complaint on or before September 18, 2017. (JDS, CHAMBERS STAFF) (Entered: 09/14/2017)
2017-09-1513MOTION for Extension of Time to File Response/Reply as to 1 Complaint, Unopposed by United States Department of Commerce, National Oceanic and Atmospheric Administration. (Attachments: # 1 Proposed Order)(Gray, Sara) (Entered: 09/15/2017)
2017-09-2114AMENDED COMPLAINT For Injunctive Relief against United States Department of Commerce, National Oceanic and Atmospheric Administration, filed by Cody Barton. (Attachments: # 1 Exhibit Exhibit 1, # 2 Exhibit Exhibit 2, # 3 Exhibit Exhibit 3)(Gray, Steven) (Entered: 09/21/2017)
2017-09-2615Joint MOTION Unopposed Motion For Order Requiring Disclosure of Observer Information by Cody Barton. (Attachments: # 1 Exhibit Exhibit 1, # 2 Proposed Order Proposed Order)(Gray, Steven) (Entered: 09/26/2017)
2017-09-2616Joint MOTION re 15 Joint MOTION Unopposed Motion For Order Requiring Disclosure of Observer Information Unopposed Motion to Expedite by Cody Barton. (Attachments: # 1 Proposed Order Order Expediting Consideration)(Gray, Steven) (Entered: 09/26/2017)
2017-10-0517TMB TEXT ORDER DENYING AS MOOT 13 Motion for Extension of Time to File Response/Reply as to 1 Complaint, Unopposed by United States Department of Commerce, National Oceanic and Atmospheric Administration. In light of the filing of 14 Amended Complaint for Injunctive Relief against United States Department of Commerce, National Oceanic and Atmospheric Administration by Cody Barton, the United States Department of Commerce, National Oceanic and Atmospheric Administration's motion at docket 13 is DENIED AS MOOT. (JDS, CHAMBERS STAFF) (Entered: 10/05/2017)
2017-10-0518TMB TEXT ORDER GRANTING 16 Motion for Expedited Consideration of Motion for Order Requiring Disclosure of Certain Fisheries Observer Information, Unopposed by Cody Barton. The request for expedited consideration is GRANTED, and an order on the underlying motion will issue. (JDS, CHAMBERS STAFF) (Entered: 10/05/2017)
2017-10-0519ORDER GRANTING 15 Joint Unopposed Motion for Order Requiring Disclosure of Observer Information. Signed by Judge Timothy M. Burgess on 10/5/2017. (JDS, CHAMBERS STAFF) (Entered: 10/05/2017)
2017-10-1120STIPULATION of Dismissal by United States Department of Commerce, National Oceanic and Atmospheric Administration. (Attachments: # 1 Proposed Order)(Gray, Sara) (Entered: 10/11/2017)
2017-10-1721TMB TEXT ORDER: The Court construes 20 Stipulation of Dismissal by United States Department of Commerce, National Oceanic and Atmospheric Administration, in which all parties stipulate to the dismissal of this action with prejudice and with each party to bear its own costs and attorney fees, as a voluntary dismissal pursuant to Fed. R. Civ. P. 41(a)(1)(A)(ii). No further action by the Court is required. The Clerk is directed to close this case. (JDS, CHAMBERS STAFF) (Entered: 10/17/2017)
Hide Docket Events
by FOIA Project Staff
Skip to toolbar