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Case TitleOCEANA, INC. v. NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2018cv00648
Date Filed2018-03-21
Date ClosedOpen
JudgeJudge Christopher R. Cooper
PlaintiffOCEANA, INC.
Case DescriptionOceania, Inc. submitted three FOIA requests to the National Oceanic and Atmospheric Administration and the National Marine Fisheries Service for records concerning the dusky shark bycatch and told the agencies that it would accept aggregate data if necessary to avoid confidentiality concerns. Oceania also requested a fee waiver. The agencies acknowledged receipt of the requests and granted Oceania's request for a fee waiver. NMFS released a single document containing a table of the number of sharks reported by fisheries, but after the agencies failed to provide any further response, Oceania filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, 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
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2018-03-211COMPLAINT for Declaratory and Injunctive Relief against ALL DEFENDANTS ( Filing fee $ 400 receipt number 0090-5383247) filed by OCEANA, INC.. (Attachments: # 1 Civil Cover Sheet, # 2 Summons re: NMFS, # 3 Summons re: NOAA, # 4 Summons re: US Attorney General, # 5 Summons re: US Attorney)(Mashuda, Stephen) (Entered: 03/21/2018)
2018-03-232NOTICE OF RELATED CASE by OCEANA, INC.. Case related to Case No. 17-cv-829. (Mashuda, Stephen) (Entered: 03/23/2018)
2018-03-233Corporate Disclosure Statement by OCEANA, INC.. (Mashuda, Stephen) (Entered: 03/23/2018)
2018-03-264MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Brettny Hardy, :Firm- Earthjustice, :Address- 50 California Street, Suite 500, San Francisco, CA 94111. Phone No. - (415) 217-2000. Fax No. - (415) 217-2040 Filing fee $ 100, receipt number 0090-5388945. Fee Status: Fee Paid. by OCEANA, INC. (Attachments: # 1 Declaration in Support of Motion, # 2 Text of Proposed Order)(Mashuda, Stephen) (Entered: 03/26/2018)
2018-03-265MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Christopher Eaton, :Firm- Earthjustice, :Address- 705 Second Ave, Suite 203, Seattle, WA 98104. Phone No. - (206) 343-7340. Fax No. - (206) 343-1526 Filing fee $ 100, receipt number 0090-5388993. Fee Status: Fee Paid. by OCEANA, INC. (Attachments: # 1 Declaration in Support of Motion, # 2 Text of Proposed Order)(Mashuda, Stephen) (Entered: 03/26/2018)
2018-03-26Case Assigned to Judge Christopher R. Cooper. (md) (Entered: 03/26/2018)
2018-03-266SUMMONS (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) (tth) (Entered: 03/26/2018)
2018-03-28MINUTE ORDER granting 4 and 5 Motions for Leave to Appear Pro Hac Vice. Signed by Judge Christopher R. Cooper on 3/28/2018. (lccrc2) (Entered: 03/28/2018)
2018-04-037RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 4/2/2018. Answer due for ALL FEDERAL DEFENDANTS by 5/2/2018. (Mashuda, Stephen) (Entered: 04/03/2018)
2018-04-038RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 4/2/2018. (Mashuda, Stephen) (Entered: 04/03/2018)
2018-04-039RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION served on 4/2/2018 (Mashuda, Stephen) (Entered: 04/03/2018)
2018-04-0310RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. NATIONAL MARINE FISHERIES SERVICE served on 3/29/2018 (Mashuda, Stephen) (Entered: 04/03/2018)
2018-04-3011MOTION for Extension of Time to File Respond to Complaint by NATIONAL MARINE FISHERIES SERVICE, NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION (Attachments: # 1 Text of Proposed Order)(Peterson, Benton) (Entered: 04/30/2018)
2018-05-0112RESPONSE re 11 MOTION for Extension of Time to File Respond to Complaint filed by OCEANA, INC.. (Attachments: # 1 Text of Proposed Order)(Mashuda, Stephen) (Entered: 05/01/2018)
2018-05-02MINUTE ORDER granting 11 Defendants' Motion for Extension of Time. Defendants' response to the complaint shall be due by June 4, 2018. Defendants should be prepared to promptly file a joint proposed schedule for production within 14 days of filing their answer. Signed by Judge Christopher R. Cooper on 5/2/2018. (lccrc2) (Entered: 05/02/2018)
2018-05-03Set/Reset Deadlines: Answer due by 6/4/2018 (lsj) (Entered: 05/03/2018)
2018-06-0413ANSWER to Complaint by NATIONAL MARINE FISHERIES SERVICE, NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION.(Peterson, Benton) (Entered: 06/04/2018)
2018-06-05MINUTE ORDER: Before the Court in this FOIA case are a complaint and an answer. Since the requirements of LCvR 16.3 and Rule 26(f) of the Federal Rules of Civil Procedure do not apply, it is hereby ORDERED that the parties shall confer and file a joint proposed schedule for briefing or disclosure by June 19, 2018. Signed by Judge Christopher R. Cooper on 6/5/2018. (lccrc2) (Entered: 06/05/2018)
2018-06-05Set/Reset Deadlines: Joint Proposed Briefing Schedule due by 6/19/2018 (lsj) (Entered: 06/05/2018)
2018-06-1914Joint STATUS REPORT by OCEANA, INC.. (Attachments: # 1 Text of Proposed Order from Federal Defendants, # 2 Text of Proposed Order from Plaintiff)(Mashuda, Stephen) (Entered: 06/19/2018)
2018-06-29MINUTE ORDER: In light of 14 the parties' joint status report, production shall proceed in this case as follows. By July 17, 2018, Defendants shall produce to Plaintiff all non-exempt, responsive records apart from the approximately 1700 emails referenced in the status report. Defendants shall continue processing those emails and produce any responsive, non-exempt emails and attachments that it has already processed by that same date. The parties shall then meet and confer and, if Plaintiff still seeks further emails, the parties shall by July 23, 2018 file a proposed schedule to govern the further production of the emails. To the extent the parties cannot agree on a schedule, Defendants should also include an agency affidavit regarding their ability to make monthly productions so as to facilitate the Court's determination of a further production schedule. Signed by Judge Christopher R. Cooper on 6/29/2018. (lccrc2) (Entered: 06/29/2018)
2018-06-29Set/Reset Deadlines: Production of non-exempt records due by 7/17/2018. Meet & Confer Statement due by 7/23/2018. (lsj) (Entered: 06/29/2018)
2018-07-2315Joint STATUS REPORT by NATIONAL MARINE FISHERIES SERVICE, NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION. (Attachments: # 1 Text of Proposed Order)(Peterson, Benton) (Entered: 07/23/2018)
2018-07-26MINUTE ORDER: In light of 15 the parties' joint status report, production shall proceed as follows: Defendants shall provide a sample of responsive emails and attachments to Plaintiff by July 31, 2018 and shall produce all remaining responsive bycatch records by August 31, 2018. The parties shall file a joint status report by August 14, 2018 concerning the status of email production and a further joint status report by September 14, 2018 updating the Court on the status of production for the non-email records and proposing a further schedule, if necessary, for production or briefing. Signed by Judge Christopher R. Cooper on 7/26/2018. (lccrc2) (Entered: 07/26/2018)
2018-07-26Set/Reset Deadlines: Defendants sample of responsive emails and attachments due by 7/31/2018. Remaining responsive records due by 8/31/2018. Joint Status Report due by 8/14/2018. Further Joint Status Report due by 9/14/2018. (lsj) (Entered: 07/26/2018)
2018-08-1416Joint STATUS REPORT by OCEANA, INC.. (Mashuda, Stephen) (Entered: 08/14/2018)
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by FOIA Project Staff
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