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Case TitleSea Shepherd Legal v. National Oceanic and Atmospheric Administration et al
DistrictWestern District of Washington
CitySeattle
Case Number2:2019cv00463
Date Filed2019-03-28
Date ClosedOpen
JudgeJudge James L. Robart
PlaintiffSea Shepherd Legal
Case DescriptionSea Shepherd Legal submitted a FOIA request to the National Oceanic and Atmospheric Administration for records concerning the New Zealand Maui Dolphin. Sea Shepherd Legal also requested a fee waiver. The agency acknowledged receipt of the request and asked Sea Shepherd Legal to clarify its request. After failing to resolve that issue, Sea Shepherd Legal filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Attorney's fees

DefendantNational Oceanic and Atmospheric Administration an agency of the United States
DefendantNational Marine Fisheries Service an agency of the United States
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 [9]
Opinion/Order [11]
Opinion/Order [13]
Opinion/Order [19]
Opinion/Order [21]
Opinion/Order [24]
Opinion/Order [26]
Opinion/Order [31]
Opinion/Order [34]
Opinion/Order [36]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2019-03-281COMPLAINT against All Defendants (Receipt # 0981-5707050) Attorney Brett Wade Sommermeyer added to party Sea Shepherd Legal(pty:pla), filed by Sea Shepherd Legal. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Civil Cover Sheet, # 10 Summons, # 11 Summons, # 12 Summons, # 13 Summons)(Sommermeyer, Brett) (Entered: 03/28/2019)
2019-03-282PRAECIPE TO ISSUE SUMMONS re 1 Complaint, by Plaintiff Sea Shepherd Legal (Attachments: # 1 Summons, # 2 Summons, # 3 Summons, # 4 Summons)(Sommermeyer, Brett) (Entered: 03/28/2019)
2019-03-283CORPORATE DISCLOSURE STATEMENT indicating no Corporate Parents and/or Affiliates. Filed pursuant to Fed.R.Civ.P 7.1. Filed by Sea Shepherd Legal (Sommermeyer, Brett) (Entered: 03/28/2019)
2019-03-29Attorney Catherine E Pruett for Sea Shepherd Legal added; per 1 Complaint,. (PS) (Entered: 03/29/2019)
2019-03-29Judge James L. Robart added. (SNP) (Entered: 03/29/2019)
2019-03-294Summons(es) Electronically Issued as to defendant(s) National Marine Fisheries Service, National Oceanic and Atmospheric Administration (Attachments: # 1 Summons, # 2 Summons, # 3 Summons)(SNP) (Entered: 03/29/2019)
2019-04-225NOTICE of Appearance by attorney Michelle R. Lambert on behalf of Defendants National Marine Fisheries Service, National Oceanic and Atmospheric Administration. (Lambert, Michelle) (Entered: 04/22/2019)
2019-04-226ORDER REGARDING INITIAL DISCLOSURES AND JOINT STATUS REPORT by Judge James L. Robart. Joint Status Report due by 5/28/2019, FRCP 26f Conference Deadline is 5/6/2019, Initial Disclosure Deadline is 5/20/2019. (AD) (Entered: 04/22/2019)
2019-04-297ANSWER to 1 Complaint, by National Marine Fisheries Service, National Oceanic and Atmospheric Administration.(Lambert, Michelle) (Entered: 04/29/2019)
2019-05-288STIPULATION AND PROPOSED ORDER for FRCP 26(f) relief by parties (Lambert, Michelle) (Entered: 05/28/2019)
2019-05-289STIPULATION AND ORDER for Relief from 26(f) Conference, Initial Disclosures, and Joint Status Report re parties' 8 Stipulation. Signed by Judge James L. Robart. (SWT) (Entered: 05/29/2019)
2019-07-2610JOINT STATUS REPORT signed by all parties estimated Trial Days: 5. (Sommermeyer, Brett) (Entered: 07/26/2019)
2019-07-3111JOINT STATUS REPORT AND ORDER re Dkt. 10 . Parties will submit a joint briefing schedule to the Court by 8/1/2019. Signed by Judge James L. Robart. (SWT) (Entered: 07/31/2019)
2019-08-0112STIPULATION AND PROPOSED ORDER re Proposed Joint Briefing Schedule by parties (Lambert, Michelle) (Entered: 08/01/2019)
2019-08-0613STIPULATION AND ORDER re Joint Briefing Schedule per parties' 12 Stipulation. Dispositive motions due by 9/6/2019, Opposition to Dispositive motion and cross-motion due by 9/27/2019, Reply in support of dispositive motion and any opposition to cross-motion due by 10/11/2019, Reply in support of cross-motion due by 10/21/2019. Signed by Judge James L. Robart. (TH) (Entered: 08/06/2019)
2019-09-0614MOTION for Summary Judgment , filed by Defendants National Marine Fisheries Service, National Oceanic and Atmospheric Administration. (Attachments: # 1 Proposed Order) Noting Date 10/21/2019, (Lambert, Michelle) (Entered: 09/06/2019)
2019-09-0615DECLARATION of Rauch filed by Defendants National Marine Fisheries Service, National Oceanic and Atmospheric Administration re 14 MOTION for Summary Judgment (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Complaint Exhibit, # 9 Exhibit)(Lambert, Michelle) Modified on 9/9/2019 (SWT). (Entered: 09/06/2019)
2019-09-0616DECLARATION of Young filed by Defendants National Marine Fisheries Service, National Oceanic and Atmospheric Administration re 14 MOTION for Summary Judgment (Attachments: # 1 Exhibit)(Lambert, Michelle) (Entered: 09/06/2019)
2019-09-2717CROSS-MOTION AND RESPONSE re 14 MOTION for Summary Judgment ., filed by Plaintiff Sea Shepherd Legal. (Attachments: # 1 Exhibit Declaration of Brett Sommermeyer in Support of Plaintiff's Combined Response and Cross-Motion for Summary Judgment, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit, # 13 Exhibit, # 14 Exhibit, # 15 Exhibit, # 16 Exhibit, # 17 Exhibit, # 18 Exhibit, # 19 Exhibit) Noting Date 10/21/2019, (Sommermeyer, Brett) (Entered: 09/27/2019)
2019-10-1018STIPULATION AND PROPOSED ORDER to stay briefing schedule by parties (Lambert, Michelle) (Entered: 10/10/2019)
2019-10-1119ORDER granting parties' 18 Stipulated Motion to Stay the Dispositive Motion Briefing Schedule (Dkt. 13 ); directing the Clerk to remove Defendants' 14 MOTION for Summary Judgment, and Plaintiffs' 17 RESPONSE/CROSS-MOTION from its calendar. The parties shall file a Joint Status Report by no later than 11/8/2019. Signed by Judge James L. Robart. (SWT) (Entered: 10/11/2019)
2019-11-0820Joint STATUS REPORT by Defendants National Marine Fisheries Service, National Oceanic and Atmospheric Administration (Lambert, Michelle) (Entered: 11/08/2019)
2019-11-1221ORDER: Joint Status Report due by 1/7/2020. Signed by Judge James L. Robart. (MW) (Entered: 11/12/2019)
2019-12-1122NOTICE of Appearance by attorney Darius Glen Fullmer on behalf of Plaintiff Sea Shepherd Legal. (Fullmer, Darius) (Entered: 12/11/2019)
2020-01-0723JOINT STATUS REPORT signed by all parties. Estimated Trial Days: 0. (Fullmer, Darius) (Entered: 01/07/2020)
2020-01-0724ORDER re parties' 23 Joint Status Report. The parties shall submit a joint status report to the Court on or before February 6, 2020. Signed by Judge James L. Robart. (PM) (Entered: 01/07/2020)
2020-02-0625JOINT STATUS REPORT signed by all parties. (Lambert, Michelle) (Entered: 02/06/2020)
2020-02-0626JOINT STATUS REPORT AND ORDER re 25 . Parties to file a Joint Status Report on or before 4/3/2020. Signed by Judge James L. Robart. (PM) (Entered: 02/06/2020)
2020-04-0327JOINT STATUS REPORT signed by all parties. Estimated Trial Days: 0. (Fullmer, Darius) (Entered: 04/03/2020)
2020-04-0728JOINT STATUS REPORT AND ORDER re 27 Joint Status Report. The parties shall submit a joint status report to the Court on or before June 2, 2020. Signed by Judge James L. Robart. (TH) (Entered: 04/07/2020)
2020-06-0229Joint MOTION for Order on Joint Status Report , filed by Defendants National Marine Fisheries Service, National Oceanic and Atmospheric Administration. Noting Date 6/2/2020, (Lambert, Michelle) (Entered: 06/02/2020)
2020-06-0330NOTICE OF WITHDRAWAL OF COUNSEL: Attorney Darius Glen Fullmer for Plaintiff Sea Shepherd Legal. (Sommermeyer, Brett) (Entered: 06/03/2020)
2020-06-0331JOINT STATUS REPORT AND ORDER re 29 Joint Status Report. The parties will submit a joint briefing schedule to the Court by June 4, 2020. Signed by Judge James L. Robart.(PM) (Entered: 06/03/2020)
2020-06-0332Stipulated MOTION To Consolidate , filed by Plaintiff Sea Shepherd Legal. Noting Date 6/3/2020, (Sommermeyer, Brett) (Entered: 06/03/2020)
2020-06-1133Stipulated MOTION to Consolidate Cases for the Purposes of Motion Practice and Proposed Briefing Schedule (Amended) , filed by Defendants National Marine Fisheries Service, National Oceanic and Atmospheric Administration. Noting Date 6/11/2020, (Lambert, Michelle) (Entered: 06/11/2020)
2020-06-1234ORDER CONSOLIDATING CASES AND SETTING BRIEFING SCHEDULE re parties' 33 Stipulated Motion to Consolidate Cases. The court ORDERS that cases C19-0463JLR and C19-1485JLR cases are consolidated for all purposes, up to and including trial, under case number C19-0463. No documents hereafter shall be filed or docketed in C19-1485JLR. The court sets the following briefing schedule for Plaintiff's anticipated Freedom of Information Act (FOIA) motion in the consolidated action: Plaintiff's Motion due 6/25/2020; Defendant's Response due 7/13/2020; Plaintiff's Reply due 7/17/2020. Signed by Judge James L. Robart. (PM) (Entered: 06/12/2020)
2020-06-2535Stipulated MOTION TO STAY BRIEFING SCHEDULE AND [PROPOSED] ORDER , filed by Plaintiff Sea Shepherd Legal. Noting Date 6/25/2020, (Sommermeyer, Brett) (Entered: 06/25/2020)
2020-06-2636ORDER re Parties' 35 Stipulated Motion to Stay Briefing Schedule. Having reviewed the parties' stipulated motion, the Court finds good cause shown to strike the present briefing schedule. Dkt. No. 34 . The parties shall submit a joint status update to the Court on or before August 14, 2020. Signed by Judge James L. Robart. (PM) (Entered: 06/26/2020)
2020-08-1437JOINT STATUS REPORT signed by all parties. (Sommermeyer, Brett) (Entered: 08/14/2020)
2020-08-1738MINUTE ORDER entered upon the authority of Judge James L. Robart re: the parties' 37 Joint Status Report. The parties are directed to file another Joint Status Report by 10/13/2020. (AD) (Entered: 08/17/2020)
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by FOIA Project Staff
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