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Case TitleInter-Cooperative Exchange v. United States Department of Commerce et al
DistrictDistrict of Alaska
CityAnchorage
Case Number3:2018cv00227
Date Filed2018-10-02
Date Closed2020-01-03
JudgeTimothy M. Burgess
PlaintiffInter-Cooperative Exchange an Alaska cooperative corporation
Case DescriptionThe Inter-Cooperative Exchange, a cooperative of fishers who harvest crabs in the Bering Sea, submitted a FOIA request to the National Marine Fisheries Service for records concerning an arbitration council meeting. The agency acknowledged receipt of the request and located 146 responsive pages, including emails. The Exchange argued that the agency had failed to search for text messages, even though the agency had disclosed text messages in relation to its response in another FOIA suit. After hearing nothing further from the agency, the Inter-Cooperative Exchange filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Attorney's fees

DefendantUnited States Department of Commerce
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
Complaint attachment 7
Complaint attachment 8
Complaint attachment 9
Complaint attachment 10
Complaint attachment 11
Complaint attachment 12
Complaint attachment 13
Opinion/Order [35]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2018-10-021COMPLAINT for Declaratory and Injunctive Relief Under FOIA against All Defendants ( Filing fee $ 400 receipt number 097--2588438.), filed by Inter-Cooperative Exchange. (Attachments: # 1 Appendix 1, # 2 Appendix 2, # 3 Appendix 3, # 4 Appendix 4, # 5 Appendix 5, # 6 Appendix 6, # 7 Appendix 7, # 8 Appendix 8, # 9 Appendix 9, # 10 Appendix 10, # 11 Appendix 11, # 12 Appendix 12, # 13 Civil Cover Sheet)(Richards, Andrew) (Entered: 10/02/2018)
2018-10-022Corporate Disclosure Statement by Inter-Cooperative Exchange. (Richards, Andrew) (Entered: 10/02/2018)
2018-10-023Civil Cover Sheet. (PXS, COURT STAFF) (Entered: 10/02/2018)
2018-10-024Unissued summons re Defendant U.S. Attorney, (Attachments: # 1 Unissued Summons re Defendant U.S. Attorney General, # 2 Unissued Summons re Defendant United States Department of Commerce, # 3 Unissued Summons re Defendant National Oceanic and Atmospheric Administration, # 4 Unissued Summons re Defendant National Marine Fisheries Service)(PXS, COURT STAFF) (Entered: 10/02/2018)
2018-10-02Summons Issued as to National Marine Fisheries Service, National Oceanic and Atmospheric Administration, United States Department of Commerce, U.S. Attorney and U.S. Attorney General (PXS, COURT STAFF) (Entered: 10/02/2018)
2018-10-085AFFIDAVIT of Service via Certified Mail by Inter-Cooperative Exchange. (Richards, Andrew) (Entered: 10/08/2018)
2018-12-196MOTION for Extension of Time to File Answer [Unopposed] by National Marine Fisheries Service, National Oceanic and Atmospheric Administration, United States Department of Commerce. (Attachments: # 1 Proposed Order)(Pomeroy, Richard) (Entered: 12/19/2018)
2018-12-267TMB TEXT ORDER GRANTING 6 Motion for Extension of Time to File Answer. As agreed by the parties, Defendants' Answer is due on or before 1/4/2019. (NMG, CHAMBERS STAFF) (Entered: 12/26/2018)
2019-02-058STIPULATION Recalculation of U.S. Answer Deadline by National Marine Fisheries Service, National Oceanic and Atmospheric Administration, United States Department of Commerce. (Attachments: # 1 Proposed Order)(Pomeroy, Richard) (Entered: 02/05/2019)
2019-02-069TMB TEXT ORDER GRANTING 8 Stipulation Re Recalculation of U.S. Answer Deadline. The U.S. shall file its Answer to the Complaint on or before 2/22/2019. (NMG, CHAMBERS STAFF) (Entered: 02/06/2019)
2019-02-0610NOTICE of Withdrawal and Substitution of Counsel by Inter-Cooperative Exchange (Richards, Andrew) (Entered: 02/06/2019)
2019-02-2211ANSWER to 1 Complaint, by National Marine Fisheries Service, National Oceanic and Atmospheric Administration, United States Department of Commerce. (Attachments: # 1 Exhibit 1- Appeal Decision)(Pomeroy, Richard) (Entered: 02/22/2019)
2019-03-0512INITIAL CASE STATUS REPORT/CASE SCHEDULING AND PLANNING ORDER: Counsel for plaintiff shall serve and file the Rule 26 Meeting Report within 28 days of service of this order. (RMC, COURT STAFF) (Entered: 03/05/2019)
2019-04-0213REPORT of Rule 26(f) Planning Meeting. (DeLappe, Michelle) (Entered: 04/02/2019)
2019-05-2414Joint STIPULATION to Extend Briefing Schedule by National Marine Fisheries Service, National Oceanic and Atmospheric Administration, United States Department of Commerce. (Attachments: # 1 Proposed Order)(Pomeroy, Richard) (Entered: 05/24/2019)
2019-05-2915ORDER GRANTING 14 Joint Stipulation to Extend Briefing Schedule. Signed by Judge Timothy M. Burgess on 5/29/2019. (NMG, CHAMBERS STAFF) (Entered: 05/29/2019)
2019-05-29Docket Annotation: For the purpose of tracking the briefing as ordered at docket 15 , when filing the Opening Brief the attorney shall file the document using the event Motion Miscellaneous Relief and text in the relief being sought. Responsive filings should be filed using the event Response in Opposition to Motion or Response to Motion (Non-Opposition) . The reply, if any, shall be filed using the event Reply to Response to Motion . (RMC, COURT STAFF) (Entered: 05/29/2019)
2019-06-1716Joint STIPULATION to Extend Briefing Schedule by National Marine Fisheries Service, National Oceanic and Atmospheric Administration, United States Department of Commerce. (Attachments: # 1 Proposed Order)(Pomeroy, Richard) (Entered: 06/17/2019)
2019-06-1817ORDER GRANTING 16 Joint Stipulation to Extend Briefing Scheduled. Signed by Judge Timothy M. Burgess on 6/18/2019. (NMG, CHAMBERS STAFF) (Entered: 06/18/2019)
2019-06-19Docket Annotation: For the purpose of tracking the briefing as ordered at docket 17 , when filing the Opening Brief the attorney shall file the document using the event Motion Miscellaneous Relief and text in the relief being sought. Responsive filings should be filed using the event Response in Opposition to Motion or Response to Motion (Non-Opposition) . The reply, if any, shall be filed using the event Reply to Response to Motion . (RMC, COURT STAFF) (Entered: 06/19/2019)
2019-07-0118Joint STIPULATION to Extend Briefing Schedule by National Marine Fisheries Service, National Oceanic and Atmospheric Administration, United States Department of Commerce. (Attachments: # 1 Proposed Order)(Pomeroy, Richard) (Entered: 07/01/2019)
2019-07-0219ORDER GRANTING 18 Joint Stipulation to Extend Briefing Schedule. Signed by Judge Timothy M. Burgess on 7/2/2019. (NMG, CHAMBERS STAFF) (Entered: 07/02/2019)
2019-08-2620Joint STIPULATION to Extend Briefing Schedule by National Marine Fisheries Service, National Oceanic and Atmospheric Administration, United States Department of Commerce. (Attachments: # 1 Proposed Order)(Pomeroy, Richard) (Entered: 08/26/2019)
2019-09-0321MOTION for Summary Judgment by National Marine Fisheries Service, National Oceanic and Atmospheric Administration, United States Department of Commerce. (Attachments: # 1 Balsiger Declaration, # 2 Exhibit 1 to Balsiger Declaration Vaughn Index, # 3 Exhibit 2 to Balsiger Declaration, # 4 Exhibit 3 to Balsiger Declaration, # 5 Exhibit 4 to Balsiger Declaration Final Disposition Letter, # 6 Exhibit 5 to Balsiger Declaration, # 7 Exhibit 6 to Balsiger Declaration)(Pomeroy, Richard) (Entered: 09/03/2019)
2019-09-1622ORDER RE BRIEFING SCHEDULE. The 20 Joint Stipulation to Extend Briefing Schedule is ACCEPTED. Defendant's Motion at 21 is accepted as filed. Signed by Judge Timothy M. Burgess on 9/16/2019. (NMG, CHAMBERS STAFF) (Entered: 09/16/2019)
2019-09-2423RESPONSE in Opposition re 21 MOTION for Summary Judgment filed by Inter-Cooperative Exchange. (Attachments: # 1 Affidavit Declaration of Joseph M. Sullivan, # 2 Exhibit Exhibit 1, # 3 Exhibit Exhibit 2, # 4 Exhibit Exhibit 3, # 5 Exhibit Exhibit 4, # 6 Exhibit Exhibit 5, # 7 Exhibit Exhibit 6, # 8 Exhibit Exhibit 7, # 9 Exhibit Exhibit 8, # 10 Exhibit Exhibit 9, # 11 Exhibit Exhibit 10)(DeLappe, Michelle) (Entered: 09/24/2019)
2019-09-2424MOTION for Discovery by Inter-Cooperative Exchange. (Attachments: # 1 Proposed Order [Proposed] Order Granting Motion for Discovery)(DeLappe, Michelle) (Entered: 09/24/2019)
2019-10-0425MOTION for Extension of Time to File Response/Reply as to 24 MOTION for Discovery by National Marine Fisheries Service, National Oceanic and Atmospheric Administration, United States Department of Commerce. (Attachments: # 1 Proposed Order)(Pomeroy, Richard) (Entered: 10/04/2019)
2019-10-0426NOTICE of Change of Law Firm Name and Address by Inter-Cooperative Exchange (DeLappe, Michelle) (Entered: 10/04/2019)
2019-10-0427RESPONSE in Opposition re 25 MOTION for Extension of Time to File Response/Reply as to 24 MOTION for Discovery filed by Inter-Cooperative Exchange. (Attachments: # 1 Proposed Order)(DeLappe, Michelle) (Entered: 10/04/2019)
2019-10-0828REPLY to Response to Motion re 21 MOTION for Summary Judgment filed by National Marine Fisheries Service, National Oceanic and Atmospheric Administration, United States Department of Commerce. (Attachments: # 1 Exhibit A- G. Merrill Declaration)(Pomeroy, Richard) (Entered: 10/08/2019)
2019-10-0829RESPONSE in Opposition re 24 MOTION for Discovery filed by National Marine Fisheries Service, National Oceanic and Atmospheric Administration, United States Department of Commerce. (Pomeroy, Richard) (Entered: 10/08/2019)
2019-10-0930ERRATA by National Marine Fisheries Service, National Oceanic and Atmospheric Administration, United States Department of Commerce 28 Reply to Response to Motion, filed by United States Department of Commerce, National Marine Fisheries Service, National Oceanic and Atmospheric Administration. (Attachments: # 1 Exhibit 1 to Merrill Declaration)(Pomeroy, Richard) (Entered: 10/09/2019)
2019-10-1031TMB TEXT ORDER DENYING as moot 25 Motion for Extension of Time to File Response/Reply. Defendants filed their 29 Response to 24 on 10/8/2019. (NMG, CHAMBERS STAFF) (Entered: 10/10/2019)
2019-10-1532REPLY to Response to Motion re 24 MOTION for Discovery Reply In Support of Motion for Written Discovery filed by Inter-Cooperative Exchange. (DeLappe, Michelle) (Entered: 10/15/2019)
2019-11-0733ORDER GRANTING ORAL ARGUMENT REQUESTS . The Motion Hearing on 21 and 24 is set for 11/25/2019 at 3:00 PM in Anchorage Courtroom 1 before Judge Timothy M. Burgess. Signed by Judge Timothy M. Burgess on 11/7/2019. (NMG, CHAMBERS STAFF) (Entered: 11/07/2019)
2019-11-2534Minute Entry for proceedings held before Judge Timothy M. Burgess: Hearing on Motion for Summary Judgment 21 and Motion for Discovery 24 held 3:09 p.m. to 3:39 p.m. on 11/25/2019. Oral arguments heard. MATTERS TAKEN UNDER ADVISEMENT; written rulings to issue. APPEARANCES: Michelle DeLappe for plaintiff; Richard L. Pomeroy for defendants. (RMC, COURT STAFF) (Entered: 11/25/2019)
2019-12-1635ORDER GRANTING 21 Motion for Summary Judgment; and DENYING 24 Motion for Discovery. Signed by Judge Timothy M. Burgess on 12/16/2019. (NMG, CHAMBERS STAFF) (Entered: 12/16/2019)
2020-01-0336JUDGMENT: plaintiff take nothing, action is dismissed. Signed by Judge Timothy M. Burgess on 1/3/20. (RMC, COURT STAFF) (Entered: 01/03/2020)
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by FOIA Project Staff
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