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Case TitleANIMAL WELFARE INSTITUTE v. NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2018cv00047
Date Filed2018-01-09
Date ClosedOpen
JudgeJudge Colleen Kollar-Kotelly
PlaintiffANIMAL WELFARE INSTITUTE
Case DescriptionThe Animal Welfare Institute submitted a FOIA request to the National Oceanic and Atmospheric Administration for records concerning the determination that the necropsy and clinical history requirements for a whale that died at Sea World had been waived. After hearing nothing further from the agency, the Animal Welfare Institute filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Sanctions - Referral to Special Counsel, Litigation - Attorney's fees

DefendantNATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION
DefendantNATIONAL MARINE FISHERIES SERVICE
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2018-01-091COMPLAINT against ALL DEFENDANTS ( Filing fee $ 400 receipt number 0090-5279322) filed by ANIMAL WELFARE INSTITUTE. (Attachments: # 1 Exhibit 1, Declaration of Donald C. Baur, # 2 Civil Cover Sheet, # 3 Summons (NMFS), # 4 Summons (NOAA), # 5 Summons, # 6 Summons)(Baur, Donald) (Entered: 01/09/2018)
2018-01-092Corporate Disclosure Statement by ANIMAL WELFARE INSTITUTE. (Baur, Donald) (Entered: 01/09/2018)
2018-01-093MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Sunny Tsou, :Firm- Perkins Coie LLP, :Address- 505 Howard Street, Suite 1000, San Francisco CA 94105. Phone No. - 415.344.7023. Fax No. - 415.344.7050 Filing fee $ 100, receipt number 0090-5279409. Fee Status: Fee Paid. by ANIMAL WELFARE INSTITUTE (Attachments: # 1 Declaration of Sunny Tsou, # 2 Text of Proposed Order)(Baur, Donald) (Entered: 01/09/2018)
2018-01-09Case Assigned to Judge Colleen Kollar-Kotelly. (zmd) (Entered: 01/10/2018)
2018-01-104SUMMONS (4) Issued Electronically as to NATIONAL MARINE FISHERIES SERVICE, NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent) (zmd) (Entered: 01/10/2018)
2018-01-10MINUTE ORDER GRANTING 3 Motion for Leave to Appear Pro Hac Vice of Attorney Sunny Tsou, in order for him to appear as co-counsel for Plaintiff, contingent on said attorney filing a declaration certifying familiarity with this Court's Local Rules by no later than JANUARY 17, 2018. Counsel shall promptly register for this Court's CM/ECF system. Signed by Judge Colleen Kollar-Kotelly on 1/10/2018. (lcckk3) (Entered: 01/10/2018)
2018-01-105ORDER ESTABLISHING PROCEDURES FOR CASES ASSIGNED TO JUDGE COLLEEN KOLLAR-KOTELLY. Signed by Judge Colleen Kollar-Kotelly on 1/10/18. (DM) (Entered: 01/10/2018)
2018-01-236RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 1/12/18. Modified event on 1/24/2018 (znmw). (Entered: 01/23/2018)
2018-01-237RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION served on 1/12/2018 (Baur, Donald) (Entered: 01/23/2018)
2018-01-238AFFIDAVIT (amended) of Sunny Tsou in support of motion to Appear Pro Hac Vice by ANIMAL WELFARE INSTITUTE. (Baur, Donald) (Entered: 01/23/2018)
2018-01-299RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. NATIONAL MARINE FISHERIES SERVICE served on 1/16/2018 (Baur, Donald) (Entered: 01/29/2018)
2018-02-0810RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 1/11/2018. Answer due for ALL FEDERAL DEFENDANTS by 2/10/2018. (Baur, Donald) (Entered: 02/08/2018)
2018-02-1211ANSWER to 1 Complaint, by NATIONAL MARINE FISHERIES SERVICE, NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION.(Haynes, Fred) (Entered: 02/12/2018)
2018-02-1312ORDER. The parties shall MEET AND CONFER and file a Joint Status Report by no later than MARCH 13, 2018. Signed by Judge Colleen Kollar-Kotelly on 2/13/2018. (lcckk3) (Entered: 02/13/2018)
2018-02-13Set/Reset Deadlines: Joint Status Report due by 3/13/2018. (dot) (Entered: 02/14/2018)
2018-02-1413NOTICE of Appearance by Albert M. Ferlo, Jr on behalf of ANIMAL WELFARE INSTITUTE (Ferlo, Albert) (Entered: 02/14/2018)
2018-03-1214Joint STATUS REPORT by ANIMAL WELFARE INSTITUTE. (Attachments: # 1 Text of Proposed Order Proposed Order)(Ferlo, Albert) (Entered: 03/12/2018)
2018-03-1315ORDER: The parties will continue to discuss issues relating to this case and attempt resolution of such issues without litigation. A Joint Status Report is due by 4/3/2018. Signed by Judge Colleen Kollar-Kotelly on 03/13/18. (DM) (Entered: 03/13/2018)
2018-04-0316Joint STATUS REPORT by ANIMAL WELFARE INSTITUTE. (Attachments: # 1 Text of Proposed Order)(Ferlo, Albert) (Entered: 04/03/2018)
2018-04-03MINUTE ORDER. The Court is in receipt of the parties' 16 Joint Status Report. The parties represent that they are meeting and conferring to narrow the issues in this case so that further litigation will not be necessary. They request an additional 21 days to do so. The Court ORDERS the parties to file a further Joint Status Report by no later than APRIL 24, 2018, updating the Court on the status of their discussions and whether any further litigation will be necessary. Signed by Judge Colleen Kollar-Kotelly on 4/3/2018. (lcckk3) (Entered: 04/03/2018)
2018-04-04Set/Reset Deadlines: Joint Status Report due by 4/24/2018. (kt) (Entered: 04/04/2018)
2018-04-2417Joint STATUS REPORT by ANIMAL WELFARE INSTITUTE. (Attachments: # 1 Text of Proposed Order)(Ferlo, Albert) (Entered: 04/24/2018)
2018-04-2518SCHEDULING AND PROCEDURES ORDER. Signed by Judge Colleen Kollar-Kotelly on 4/25/2018. (lcckk3) (Entered: 04/25/2018)
2018-04-25Set/Reset Deadlines: Plaintiff's Cross Motion due by 8/9/2018. Response to Cross Motion due by 9/10/2018. Reply to Cross Motion due by 10/10/2018. Defendants' Summary Judgment Motion due by 7/9/2018. Response to Motion for Summary Judgment due by 8/9/2018. Reply to Motion for Summary Judgment due by 9/10/2018. (dot) (Entered: 04/25/2018)
2018-07-0919Consent MOTION for Extension of Time to File Defendants' Motion for Summary Judgment by NATIONAL MARINE FISHERIES SERVICE, NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION (Haynes, Fred) (Entered: 07/09/2018)
2018-07-10MINUTE ORDER. The Court is in receipt of Defendants' 19 Consent Motion for an Extension of Time to File Defendants' Motion for Summary Judgment. Defendants request an extension of time to file their summary judgment motion because they need additional time to prepare an agency declaration and because defense counsel is busy with other matters. This is the first request for an extension of this deadline and Plaintiff consents. Defendants' Consent Motion is GRANTED NUNC PRO TUNC. Defendants shall file their Motion for Summary Judgment by JULY 19, 2018. Plaintiff shall file its response to that Motion and Plaintiff's Cross-Motion for Summary Judgment by AUGUST 20, 2018. Defendants shall file their Opposition to Plaintiff's Cross-Motion and their Reply in support of their own Motion by SEPTEMBER 20, 2018. Plaintiff shall file its Reply in support of its Cross-Motion by OCTOBER 22, 2018. Finally, the Court notes that Defendants' Motion for an Extension was not filed in a timely manner. The Order Establishing Procedures in this case states that "[m]otions for extensions of time must be filed at least four (4) business days prior to the first affected deadline." ECF No. 5 at 3. The Court expects all future motions to be filed on time. Signed by Judge Colleen Kollar-Kotelly on 7/10/2018. (lcckk3) (Entered: 07/10/2018)
2018-07-10Set/Reset Deadlines: Defendants shall file their Motion for Summary Judgment by 7/19/2018; Plaintiff shall file its response to that Motion and Plaintiff's Cross-Motion for Summary Judgment by 8/20/2018; Defendants shall file their Opposition to Plaintiff's Cross-Motion and their Reply in support of their own Motion by 9/20/2018; Plaintiff shall file its Reply in support of its Cross-Motion by 10/22/2018. (kt) (Entered: 07/10/2018)
2018-07-1920MOTION for Summary Judgment by NATIONAL MARINE FISHERIES SERVICE, NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION (Attachments: # 1 Exhibit A - Declaration of Mark H. Graff, # 2 Exhibit B - Vaughn Index Cover Sheet, # 3 Exhibit C - Vauhn Index)(Haynes, Fred) (Entered: 07/19/2018)
2018-08-0821Consent MOTION for Extension of Time to File Response/Reply to Defendants' Motion for Summary Judgment by ANIMAL WELFARE INSTITUTE (Attachments: # 1 Text of Proposed Order)(Ferlo, Albert) (Entered: 08/08/2018)
2018-08-08MINUTE ORDER. The Court is in receipt of Plaintiff's 21 Consent Motion for Extension of Time. Plaintiff requests an extension of time to file its Opposition to Defendant's Motion for Summary Judgment and its Cross-Motion for Summary Judgment because the facts and legal issues are numerous and complex, because Plaintiff's counsel is busy with other matters, and because Plaintiff's counsel and certain declarants will be out of the office on leave. This is the second request for an extension of this briefing schedule, but this is the first request from Plaintiff. Defendants consent. Plaintiff's Motion is GRANTED. Plaintiff shall file its Opposition to Defendant's Motion for Summary Judgment and its Cross-Motion for Summary Judgment by no later than SEPTEMBER 4, 2018. Defendants shall file their Reply in Support of their Motion for Summary Judgment and their Opposition to Plaintiff's Cross-Motion for Summary Judgment by no later than OCTOBER 5, 2018. Plaintiff shall file its Reply in Support of its Cross-Motion for Summary Judgment by no later than NOVEMBER 5, 2018. Signed by Judge Colleen Kollar-Kotelly on 8/8/2018. (lcckk3) (Entered: 08/08/2018)
2018-08-08Set/Reset Deadlines: Plaintiff's Cross Motion due by 9/4/2018. Response to Cross Motion due by 10/5/2018. Reply to Cross Motion due by 11/5/2018. Plaintiff's Response to 20 Motion for Summary Judgment due by 9/4/2018. Reply to Motion for Summary Judgment due by 10/5/2018. (dot) (Entered: 08/10/2018)
2018-09-0422RESPONSE re 20 MOTION for Summary Judgment filed by ANIMAL WELFARE INSTITUTE. (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Text of Proposed Order)(Ferlo, Albert) (Entered: 09/04/2018)
2018-09-0423Cross MOTION for Summary Judgment by ANIMAL WELFARE INSTITUTE (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Text of Proposed Order)(Ferlo, Albert) (Entered: 09/04/2018)
2018-09-0424AFFIDAVIT (Declaration of Jared Goodman) re 23 Cross MOTION for Summary Judgment , 22 Response to motion , by ANIMAL WELFARE INSTITUTE. (Ferlo, Albert) Modified text on 9/5/2018 (ztd). (Entered: 09/04/2018)
2018-09-0425AFFIDAVIT (Declaration of Heather Rally) re 23 Cross MOTION for Summary Judgment , 22 Response to motion , by ANIMAL WELFARE INSTITUTE. (Ferlo, Albert) Modified text on 9/5/2018 (ztd). (Entered: 09/04/2018)
2018-09-0426AFFIDAVIT (Declaration of Georgia Hancock) re 23 Cross MOTION for Summary Judgment , 22 Response to motion by ANIMAL WELFARE INSTITUTE. (Attachments: # 1 Exhibit 1 through 14)(Ferlo, Albert) Modified on 9/5/2018 (ztd). (Entered: 09/04/2018)
2018-09-0427AFFIDAVIT (Declaration of Naomi Rose) re 23 Cross MOTION for Summary Judgment , 22 Response to motion , of Naomi Rose by ANIMAL WELFARE INSTITUTE. (Attachments: # 1 Exhibit 1 through 15, # 2 Exhibit 16 through 21)(Ferlo, Albert) Modified text on 9/5/2018 (ztd). (Entered: 09/04/2018)
2018-09-0428AFFIDAVIT (Declaration of Donald C. Baur) re 22 Response to motion, 23 Cross MOTION for Summary Judgment , by ANIMAL WELFARE INSTITUTE. (Attachments: # 1 Exhibit 1 through 10, # 2 Exhibit 11 through 18, # 3 Exhibit 19 through 20, # 4 Exhibit 21 through 29, # 5 Exhibit 30 through 35, # 6 Exhibit 36 through 46)(Ferlo, Albert) Modified text on 9/5/2018 (ztd). (Entered: 09/04/2018)
2018-09-2829Consent MOTION for Extension of Time to File Defendants' Reply Memorandum in Support of Their Motion for Summary Judgment and Their Opposition to Plaintiff's Cross-Motion for Summary Judgment by NATIONAL MARINE FISHERIES SERVICE, NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION (Haynes, Fred) Modified relief on 10/1/2018 (ztd). (Entered: 09/28/2018)
2018-10-01MINUTE ORDER. The Court is in receipt of Defendant's 29 Consent Motion for Extension of Time to File Defendant's Reply Memorandum in Support of Their Motion for Summary Judgment and Defendants' Opposition to Plaintiff's Cross-Motion for Summary Judgment. Defendants' reply memorandum in support of its motion for summary judgment and its opposition to Plaintiff's cross-motion are currently due October 5, 2018. Defendant seeks an extension of time due to unanticipated emergency litigation which has required defense counsel's attention. Defendants' 29 motion is GRANTED. Defendants shall file their Reply in Support of their Motion for Summary Judgment and their Opposition to Plaintiff's Cross-Motion for Summary Judgment by no later than OCTOBER 15, 2018. Plaintiff shall file its Reply in Support of its Cross-Motion for Summary Judgment by no later than NOVEMBER 15, 2018. Signed by Judge Colleen Kollar-Kotelly on 10/1/2018. (lcckk3) (Entered: 10/01/2018)
2018-10-01Set/Reset Deadlines: Defendants shall file their Reply in Support of their Motion for Summary Judgment and their Opposition to Plaintiff's Cross-Motion for Summary Judgment by no later than 10/15/2018; Plaintiff shall file its Reply in Support of its Cross-Motion for Summary Judgment by no later than 11/15/2018. (kt) (Entered: 10/01/2018)
2018-10-1530Memorandum in opposition to re 23 Cross MOTION for Summary Judgment by Plaintiff filed by NATIONAL MARINE FISHERIES SERVICE, NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION. (Attachments: # 1 Exhibit A - O'Brien Declaration, # 2 Exhibit B - Response to Plaintiff's Statement of Additional Material Facts as to Which There Is No Genuine Dispute)(Haynes, Fred) (Entered: 10/15/2018)
2018-10-1531REPLY to opposition to motion re 20 MOTION for Summary Judgment filed by NATIONAL MARINE FISHERIES SERVICE, NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION. (Haynes, Fred) (Entered: 10/15/2018)
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