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Case TitleSTOP GEOENGINEERING MINNESOTA v. U.S. DEPARTMENT OF COMMERCE
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2017cv01930
Date Filed2017-09-21
Date ClosedOpen
JudgeJudge Amy Berman Jackson
PlaintiffSTOP GEOENGINEERING MINNESOTA a project of the non-profit Minnesota Natural Health Coalition, a non-profit corporation
Case DescriptionStop Geoengineering Minnesota submitted FOIA requests to the Department of Commerce and the National Oceanic and Atmospheric Administration for records concerning weather modification within the Weather Service Organization Workforce. The agency acknowledged receipt of the requests, but when the agency did not respond, Stop Geoengineering Minnesota filed an administrative appeal of the agency's delay. After hearing nothing further from the agency, Stop Geoengineering Minnesota filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantU.S. DEPARTMENT OF COMMERCE an agency of the United States of America
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

2017-09-211COMPLAINT against U.S. Department of Commerce, ( Filing fee $ 400 receipt number 0090-5126414) filed by Stop Geoengineering Minnesota, a project of the non-profit Minnesota Natural Health Coalition. (Attachments: # 1 Civil Cover Sheet, # 2 Summons for DOC (proposed), # 3 Summons for Attorney General (proposed), # 4 Summons for US Attorney (proposed))(Bahr, David) (Entered: 09/21/2017)
2017-09-212LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by Stop Geoengineering Minnesota, a project of the non-profit Minnesota Natural Health Coalition (Bahr, David) (Entered: 09/21/2017)
2017-09-213MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Brian Gaffney, :Firm- Law Offices of Brian Gaffney APC, :Address- 446 Old County Road, Suite 100-310 Pacifica, CA 94044. Phone No. - (650) 219 3187. Fax No. - N/A Filing fee $ 100, receipt number 0090-5126650. Fee Status: Fee Paid. by Stop Geoengineering Minnesota, a project of the non-profit Minnesota Natural Health Coalition (Attachments: # 1 Declaration Declaration of Brian Gaffney in Support of Motion to Appear Pro Hac Vice, # 2 Text of Proposed Order Din Support of Motion to Appear Pro Hac Vice)(Bahr, David) (Entered: 09/21/2017)
2017-09-22Case Assigned to Judge Amy Berman Jackson. (zsb) (Entered: 09/22/2017)
2017-09-224SUMMONS (3) Issued Electronically as to U.S. DEPARTMENT OF COMMERCE, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Consent Form)(zsb) (Entered: 09/22/2017)
2017-09-22MINUTE ORDER granting 3 Motion for Leave of Brian Gaffney to Appear Pro Hac Vice only upon condition that the lawyer admitted, or at least one member of the lawyer's firm, undergo CM/ECF training, obtain a CM/ECF username and password, and agree to file papers electronically. No court papers will be mailed to any lawyer. Signed by Judge Amy Berman Jackson on 9/22/17. (DMK) (Entered: 09/22/2017)
2017-11-075RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 10/12/2017. Answer due for ALL FEDERAL DEFENDANTS by 11/11/2017. (Gaffney, Brian) (Entered: 11/07/2017)
2017-11-076RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 10/12/2017. (Gaffney, Brian) (Entered: 11/07/2017)
2017-11-097NOTICE of Appearance by Alexander Daniel Shoaibi on behalf of U.S. DEPARTMENT OF COMMERCE (Shoaibi, Alexander) (Entered: 11/09/2017)
2017-11-098Joint MOTION for Extension of Time to File Answer And Establishing The Deadline For Agency FOIA Response by STOP GEOENGINEERING MINNESOTA (Gaffney, Brian) (Entered: 11/09/2017)
2017-11-13MINUTE ORDER. The Court grants the parties' joint motion to extend the time for defendant to answer and establish the following schedule: By November 29, 2017, the agency shall: (i) complete its search for documents and information responsive to the FOIA Request; (ii) release to plaintiff all non-exempt records responsive to the FOIA Request; and (iii) provide plaintiff with a list of any responsive records that are being withheld and the basis for the withholding. By December 20, 2017, the parties shall confer regarding the release of records responsive to the FOIA Request. By January 12, 2018, the parties shall submit a joint status report, which should include a proposed schedule for further proceedings, including a proposed deadline for filing an answer, if necessary. Signed by Judge Amy Berman Jackson on 11/13/2017. (lcabj3) Modified on 11/13/2017 (tb). (Entered: 11/13/2017)
2017-11-309Consent MOTION to Modify Production Schedule by U.S. DEPARTMENT OF COMMERCE (Shoaibi, Alexander) (Entered: 11/30/2017)
2017-12-04MINUTE ORDER granting 9 defendant's consent motion to modify the production schedule in this FOIA case. Defendant shall release to plaintiff all non-exempt records responsive to the FOIA Request and shall provide plaintiff with a list of any responsive records that are being withheld and the basis for the withholding by December 4, 2017. The parties shall confer regarding the release of records responsive to the FOIA Request by December 22, 2017. Signed by Judge Amy Berman Jackson on 12/04/2017. (lcabj3) (Entered: 12/04/2017)
2018-01-1210Joint STATUS REPORT by U.S. DEPARTMENT OF COMMERCE. (Shoaibi, Alexander) (Entered: 01/12/2018)
2018-01-12MINUTE ORDER. The parties shall file an updated joint status report by February 26, 2018, which should include a proposed schedule for further proceedings if necessary. Signed by Judge Amy Berman Jackson on 01/12/2018. (lcabj3) (Entered: 01/12/2018)
2018-02-2611Joint STATUS REPORT by U.S. DEPARTMENT OF COMMERCE. (Shoaibi, Alexander) (Entered: 02/26/2018)
2018-02-27MINUTE ORDER. The parties must submit a joint status report by March 16, 2018, proposing a schedule by which defendant will produce the records it has identified as responsive to plaintiff's request. Signed by Judge Amy Berman Jackson on 02/27/2018. (lcabj3) (Entered: 02/27/2018)
2018-03-1512Joint STATUS REPORT by U.S. DEPARTMENT OF COMMERCE. (Shoaibi, Alexander) (Entered: 03/15/2018)
2018-03-16MINUTE ORDER. The parties must submit a joint status report by April 16, 2018. Signed by Judge Amy Berman Jackson on 03/16/2018. (lcabj3) (Entered: 03/16/2018)
2018-04-1613Joint STATUS REPORT by STOP GEOENGINEERING MINNESOTA. (Gaffney, Brian) (Entered: 04/16/2018)
2018-04-17MINUTE ORDER. Upon consideration of the parties' Joint Status Report, it is hereby ORDERED that: defendant must process 1,400 potentially responsive documents each month, and release to plaintiff's counsel on the first Friday of each month all reasonably segregable, non-exempt information within those 1,400 documents. The parties must file a joint status report every 60 days, and the next joint status report is due June 18, 2018. Signed by Judge Amy Berman Jackson on 04/17/2018. (lcabj3) (Entered: 04/17/2018)
2018-04-17Set/Reset Deadlines: Joint Status Report due by 6/18/2018. (tb) (Entered: 04/17/2018)
2018-06-1814Joint STATUS REPORT by U.S. DEPARTMENT OF COMMERCE. (Shoaibi, Alexander) (Entered: 06/18/2018)
2018-06-25MINUTE ORDER. The parties must submit a joint status report by September 7, 2018. Signed by Judge Amy Berman Jackson on 06/25/2018. (lcabj3) (Entered: 06/25/2018)
2018-08-1415NOTICE OF SUBSTITUTION OF COUNSEL by William Mark Nebeker on behalf of U.S. DEPARTMENT OF COMMERCE Substituting for attorney Alexander Shoaibi (Nebeker, William) (Entered: 08/14/2018)
2018-09-0616Joint STATUS REPORT by U.S. DEPARTMENT OF COMMERCE. (Nebeker, William) (Entered: 09/06/2018)
2018-09-10MINUTE ORDER. The parties must file an updated joint status report by September 25, 2018. Signed by Judge Amy Berman Jackson on 09/10/2018. (lcabj3) (Entered: 09/10/2018)
2018-09-2517Joint STATUS REPORT by STOP GEOENGINEERING MINNESOTA. (Gaffney, Brian) (Entered: 09/25/2018)
2018-10-01MINUTE ORDER. The parties must file an updated status report by October 23, 2018. Signed by Judge Amy Berman Jackson on 10/01/2018. (lcabj3) (Entered: 10/01/2018)
2018-10-2318Joint STATUS REPORT by U.S. DEPARTMENT OF COMMERCE. (Nebeker, William) (Entered: 10/23/2018)
2018-10-25MINUTE ORDER. The parties must file an updated joint status report by November 21, 2018. SO ORDERED. Signed by Judge Amy Berman Jackson on 10/25/2018. (lcabj3) (Entered: 10/25/2018)
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