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Case TitleCOLE v. COPAN et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2019cv01070
Date Filed2019-04-16
Date ClosedOpen
JudgeJudge Dabney L. Friedrich
PlaintiffDAVID COLE
Case DescriptionDavid Cole submitted a FOIA request to the National Institute of Standards and Technology for specific records concerning the fire safety investigation of the 9/11 collapse of the World Trade Center. The agency acknowledged receipt of the request and told Cole that it was required to consult with an outside party that had an ownership right in the records. The agency withheld all but one of the records under Exemption 3 (other statutes) citing the National Construction Safety Team Act. Cole filed an administrative appeal. The agency denied his administrative appeal. Cole then filed suit.
Complaint issues: Litigation - Vaughn index, Litigation - Attorney's fees

DefendantWALTER G. COPAN DR., in his official capacity as Director of the National Institute for Standards and Technology
DefendantNATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Opinion/Order [20]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2019-04-161COMPLAINT for Injunctive Relief against All Defendants ( Filing fee $ 400 receipt number 0090-6064036) filed by DAVID COLE. (Attachments: # 1 Civil Cover Sheet, # 2 Summons for Service on Attorney General, # 3 Summons for Service on Defendant NIST Director Copan, # 4 Summons for Service on U.S. Attorney)(Clifford, John) (Attachment 1 replaced on 4/17/2019) (zef, ). (Entered: 04/16/2019)
2019-04-17Case Assigned to Judge Dabney L. Friedrich. (zef, ) (Entered: 04/17/2019)
2019-04-172SUMMONS (3) Issued Electronically as to WALTER G. COPAN, U.S. Attorney and U.S. Attorney General. (Attachments: # 1 Notice and Consent)(zef, ) (Entered: 04/17/2019)
2019-05-083REQUEST FOR SUMMONS TO ISSUE filed by DAVID COLE. (Attachments: # 1 Summons, # 2 Summons)(Clifford, John) (Entered: 05/08/2019)
2019-05-104SUMMONS (3) Reissued Electronically as to WALTER G. COPAN, U.S. Attorney and U.S. Attorney General. (Attachment: # 1 Notice and Consent)(tth) (Entered: 05/10/2019)
2019-07-185NOTICE of Appearance by Paul Cirino on behalf of All Defendants (Cirino, Paul) (Entered: 07/18/2019)
2019-08-056Consent MOTION for Extension of Time to File Answer re 1 Complaint, by WALTER G. COPAN, NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY (Attachments: # 1 Text of Proposed Order)(Cirino, Paul) (Entered: 08/05/2019)
2019-08-05MINUTE ORDER granting the defendants' 6 Consent Motion to Extend Time to Answer Complaint. It is ORDERED that the defendants shall file a response to the plaintiff's complaint on or before September 13, 2019. Signed by Judge Dabney L. Friedrich on August 5, 2019. (lcdlf1) (Entered: 08/05/2019)
2019-09-137ANSWER to Complaint by WALTER G. COPAN, NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY.(Cirino, Paul) (Entered: 09/13/2019)
2019-09-16MINUTE ORDER directing the parties to MEET AND CONFER and file a joint status report proposing a schedule for further proceedings on or before October 7, 2019. So Ordered by Judge Dabney L. Friedrich on September 16, 2019. (lcdlf1) (Entered: 09/16/2019)
2019-09-16Set/Reset Deadlines: Joint Status Report due by 10/7/2019. (zcal) (Entered: 09/16/2019)
2019-10-078Joint STATUS REPORT by WALTER G. COPAN, NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY. (Cirino, Paul) (Entered: 10/07/2019)
2019-10-10MINUTE SCHEDULING ORDER. Upon consideration of the parties' 8 Joint Status Report, it is ORDERED that the following schedule shall govern further proceedings: the defendants' motion for summary judgment shall be filed on or before November 21, 2019 and shall include a Vaughn Index; the plaintiff's combined cross-motion for summary judgment and opposition to the defendants' motion for summary judgment shall be filed on or before December 21, 2019; the defendants' combined opposition to the plaintiff's cross-motion for summary judgment and reply in support of its motion for summary judgment shall be filed on or before February 4, 2020; and the plaintiff's reply in support of its cross-motion for summary judgment shall be filed on or before March 4, 2020. So Ordered by Judge Dabney L. Friedrich on October 10, 2019. (lcdlf1) Modified on 10/15/2019 (zcal). (Entered: 10/10/2019)
2019-11-219MOTION for Summary Judgment by WALTER G. COPAN, NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Declaration of Catherine S. Fletcher, # 4 Text of Proposed Order)(Cirino, Paul) (Entered: 11/21/2019)
2019-12-2410MOTION for Extension of Time to File Response/Reply by DAVID COLE (Clifford, John) (Entered: 12/24/2019)
2019-12-2411Memorandum in opposition to re 9 MOTION for Summary Judgment filed by DAVID COLE. (Attachments: # 1 Statement of Facts Genuinely in Dispute, # 2 Exhibit 1 Agency Record Documents, # 3 Exhibit 2 NIST report NCSTAR 1-8, # 4 Text of Proposed Order)(Clifford, John) (Entered: 12/24/2019)
2019-12-2412MOTION for Summary Judgment in FOIA case , MOTION for Discovery in the Alternative by DAVID COLE (Attachments: # 1 Memorandum in Support of Motion for Summary Judgment and Alternative Motion for Discovery, # 2 Statement of Facts Not Genuinely in Dispute, # 3 Exhibit 1 Agency Record Documents, # 4 Exhibit 2 NIST report NCSTAR 1-8, # 5 Text of Proposed Order on Motion for Summary Judgment, # 6 Text of Proposed Order on Alternative Motion for Discovery)(Clifford, John) (Entered: 12/24/2019)
2019-12-2413Amended MOTION for Extension of Time to File Summary Judgment Motion and Opposition7 by DAVID COLE (Attachments: # 1 Text of Proposed Order on Consent Motion for Extension of Time)(Clifford, John) (Entered: 12/24/2019)
2020-01-03MINUTE ORDER granting the plaintiff's 13 Amended Motion for Extension of Time to File Plaintiff's Summary Judgment Motion and to File Plaintiff's Opposition to Defendants' Summary Judgment Motion. For good cause shown and by the defendants' consent, the motion is GRANTED. The plaintiff's earlier 10 Motion for Extension of Time is DENIED as moot. So Ordered by Judge Dabney L. Friedrich on January 3, 2020. (lcdlf1) (Entered: 01/03/2020)
2020-02-0414Memorandum in opposition to re 12 MOTION for Summary Judgment in FOIA case MOTION for Discovery in the Alternative filed by WALTER G. COPAN, NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY. (Attachments: # 1 Declaration of Sivaraj Shyam-Sunder, # 2 Response to Plaintiff's Statement of Undisputed Material Facts, # 3 Text of Proposed Order)(Cirino, Paul) (Entered: 02/04/2020)
2020-02-0415REPLY to opposition to motion re 9 MOTION for Summary Judgment filed by WALTER G. COPAN, NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY. (Attachments: # 1 Declaration of Sivaraj Shyam-Sunder, # 2 Response to Plaintiff's Statement of Undisputed Facts, # 3 Text of Proposed Order)(Cirino, Paul) (Entered: 02/04/2020)
2020-03-0316MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Mick G. Harrison, Filing fee $ 100, receipt number ADCDC-6884001. Fee Status: Fee Paid. by DAVID COLE (Attachments: # 1 Declaration of Counsel Mick Harrison)(Harrison, Mick) (Entered: 03/03/2020)
2020-03-03MINUTE ORDER granting the plaintiff's 16 Motion for Admission and Appearance of Attorney Mick G. Harrison Pro Hac Vice. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). Click for instructions . So Ordered by Judge Dabney L. Friedrich on March 3, 2020. (lcdlf1) (Entered: 03/03/2020)
2020-03-0417NOTICE of Appearance by Mick G. Harrison on behalf of DAVID COLE (Harrison, Mick) (Entered: 03/04/2020)
2020-03-0418REPLY to opposition to motion re 12 MOTION for Summary Judgment in FOIA case MOTION for Discovery in the Alternative filed by DAVID COLE. (Harrison, Mick) (Entered: 03/04/2020)
2020-08-2719ORDER granting in part and denying in part the defendants' 9 Motion for Summary Judgment; denying in part the plaintiff's 12 Motion for Summary Judgment; denying the plaintiff's 12 Motion for Discovery in the Alternative. See text for details. Signed by Judge Dabney L. Friedrich on August 27, 2020. (lcdlf2) (Entered: 08/27/2020)
2020-08-2720MEMORANDUM OPINION regarding the defendants' 9 Motion for Summary Judgment and the plaintiff's 12 Motion for Summary Judgment and for Discovery in the Alternative. See text for details. Signed by Judge Dabney L. Friedrich on August 27, 2020. (lcdlf2) (Entered: 08/27/2020)
2020-09-1021NOTICE of Filing Supplemental Declaration by WALTER G. COPAN, NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY (Attachments: # 1 Declaration (Supplemental) of Catherine S. Fletcher)(Cirino, Paul) (Entered: 09/10/2020)
2020-09-10MINUTE ORDER. The Court is in receipt of the [21-1] Supplemental Declaration of Catherine S. Fletcher. The parties are directed to meet and confer and file, on or before September 17, 2020, a joint status report proposing a schedule for further proceedings. So Ordered by Judge Dabney L. Friedrich on September 10, 2020. (lcdlf2) (Entered: 09/10/2020)
2020-09-10Set/Reset Deadlines: Status Report due by 9/17/2020 (zjch) (Entered: 09/11/2020)
2020-09-1722Joint STATUS REPORT by WALTER G. COPAN, NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY. (Attachments: # 1 Exhibit A - NIST Finding 9/9/2020)(Cirino, Paul) (Entered: 09/17/2020)
2020-09-17MINUTE ORDER. Upon consideration of the parties' 22 Joint Status Report, it is ORDERED that the following schedule shall govern further proceedings in this case: (1) the defendants shall file their renewed motion for summary judgment on or before October 16, 2020; (2) the plaintiff shall file his combined opposition and renewed cross-motion for summary judgment on or before October 30, 2020; (3) the defendants shall file their combined opposition and reply on or before November 6, 2020; and (4) the plaintiff shall file his reply on or before November 13, 2020. So Ordered by Judge Dabney L. Friedrich on September 17, 2020. (lcdlf2) (Entered: 09/17/2020)
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by FOIA Project Staff
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