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Case TitleCOLE v. COPAN et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2019cv01182
Date Filed2019-04-24
Date Closed2020-12-01
JudgeJudge Tanya S. Chutkan
PlaintiffDAVID COLE
Case DescriptionDavid Cole submitted a FOIA request to the National Institute for Standards and Technology for records concerning structural analyses of Column 79 of the World Trade Center Building 7 as part of the study of the collapse of the building in the aftermath of 9/11. The agency acknowledged receipt of the request. The agency denied the request under Exemption 3 (other statutes) citing the National Construction Safety Team Act. Cole filed an administrative appeal of the decision. The agency upheld its initial denial. 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

2019-04-241COMPLAINT for Injunctive Relief against WALTER G. COPAN Director, National Institute of Technology ( Filing fee $ 400 receipt number 0090-6078146) filed by DAVID COLE. (Attachments: # 1 Civil Cover Sheet, # 2 Summons for service on US Attorney, # 3 Summons for service on Attorney General, # 4 Summons for service on NIST Director Copan)(Clifford, John) (Attachment 1 replaced on 4/24/2019) (zef, ). (Entered: 04/24/2019)
2019-04-24Case Assigned to Judge Tanya S. Chutkan. (zef, ) (Entered: 04/24/2019)
2019-04-242ENTERED IN ERROR.....SUMMONS (3) Issued Electronically as to WALTER G. COPAN, U.S. Attorney and U.S. Attorney General. (Attachments: # 1 Notice and Consent)(zef, ) Modified on 4/26/2019 (zef, ). (Entered: 04/24/2019)
2019-04-26NOTICE OF CORRECTED DOCKET ENTRY: re 2 Summons Issued Electronically as to AUSA was entered in error and counsel was instructed to refile with summons for FOIA complaints. (zef, ) (Entered: 04/26/2019)
2019-04-26SUMMONS Not Issued as to WALTER G. COPAN, NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY (znmw) (Entered: 05/07/2019)
2019-05-083REQUEST FOR SUMMONS TO ISSUE filed by DAVID COLE. (Attachments: # 1 Summons, # 2 Summons)(Clifford, John) (Entered: 05/08/2019)
2019-05-094SUMMONS (3) Issued Electronically as to WALTER G. COPAN, U.S. Attorney and U.S. Attorney General (ztd) (Entered: 05/09/2019)
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)
2019-08-06MINUTE ORDER: Defendants' Consent Motion to Extend Time to Answer Complaint 6 is GRANTED. Defendants shall answer or otherwise respond to the Complaint on or before September 13, 2019. Signed by Judge Tanya S. Chutkan on 8/6/2019. (lctsc3) (Entered: 08/06/2019)
2019-08-06Set/Reset Deadlines: Defendants' Answer or Responsive Pleading due by 9/13/2019. (zjd) (Entered: 08/06/2019)
2019-09-137ANSWER to Complaint by WALTER G. COPAN, NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY.(Cirino, Paul) (Entered: 09/13/2019)
2019-09-22MINUTE ORDER: Before the Court in this FOIA case are a complaint and an answer. The requirements of LCvR 16.3 and Rule 26(f) of the Federal Rules of Civil procedure appear to be inapplicable. IT IS HEREBY ORDERED that the parties shall meet and confer and propose a schedule for proceeding in this matter. The schedule shall address the status of Plaintiff's FOIA request, the anticipated number of documents responsive to Plaintiff's FOIA request, the anticipated date(s) for release of the documents requested by Plaintiff, whether a motion for an Open America stay is likely in this case, whether a Vaughn index will be required in this case, whether and when either party anticipates filing a dispositive motion, and any other pertinent issues. The parties shall file a joint status report that addresses these issues no later than 10/31/19. The joint status report shall be accompanied by a proposed order. Signed by Judge Tanya S. Chutkan on 9/22/19. (DJS) (Entered: 09/22/2019)
2019-09-23Set/Reset Deadlines: Joint Status Report due by 10/31/2019. (tb) (Entered: 09/23/2019)
2019-10-318Joint STATUS REPORT by WALTER G. COPAN, NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY. (Attachments: # 1 Text of Proposed Order)(Cirino, Paul) (Entered: 10/31/2019)
2019-11-01MINUTE ORDER: Having considered the parties' joint status report 8 , it is hereby ordered that Defendants' Motion for Summary Judgment shall be filed on or before December 21, 2019, and shall include a Vaughn Index. Plaintiff's combined Cross-Motion/Opposition shall be filed on or before February 4, 2020. Defendants' combined Opposition/Reply shall be filed on or before March 4, 2020. Plaintiff's Reply shall be filed on or before March 18, 2020. Signed by Judge Tanya S. Chutkan on 11/1/19. (DJS) (Entered: 11/01/2019)
2019-11-01Set/Reset Deadlines: Cross Motion due by 2/4/2020. Response to Cross Motion due by 3/4/2020. Reply to Cross Motion due by 3/18/2020. Summary Judgment motion due by 12/21/2019. Response to Motion for Summary Judgment due by 2/4/2020. Reply to Motion for Summary Judgment due by 3/4/2020. (tb) (Entered: 11/01/2019)
2019-11-079ERRATA by WALTER G. COPAN, NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY. (Cirino, Paul) (Entered: 11/07/2019)
2019-12-2010MOTION for Summary Judgment by WALTER G. COPAN, NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY (Attachments: # 1 Statement of Facts, # 2 Memorandum in Support, # 3 Declaration of Catherine S. Fletcher (with exhibits), # 4 Text of Proposed Order)(Cirino, Paul) (Entered: 12/20/2019)
2020-02-0411ENTERED IN ERROR.....REPLY to opposition to motion re 10 MOTION for Summary Judgment filed by DAVID COLE. (Attachments: # 1 Statement of Facts, # 2 Text of Proposed Order, # 3 Exhibit 1, # 4 Exhibit 2, # 5 Exhibit 3, # 6 Exhibit 4, # 7 Exhibit 5, # 8 Exhibit 6)(Clifford, John) Modified on 2/5/2020 (eg). (Entered: 02/04/2020)
2020-02-0412MOTION for Summary Judgment by DAVID COLE (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Text of Proposed Order, # 4 Exhibit 1, # 5 Exhibit 2, # 6 Exhibit 3, # 7 Exhibit 4, # 8 Exhibit 5, # 9 Exhibit 6)(Clifford, John) (Entered: 02/04/2020)
2020-02-0413MOTION for Discovery by DAVID COLE (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order, # 3 Exhibit 1, # 4 Exhibit 2, # 5 Exhibit 3, # 6 Exhibit 4)(Clifford, John) (Entered: 02/04/2020)
2020-02-0414RESPONSE re 10 MOTION for Summary Judgment filed by DAVID COLE. (Attachments: # 1 Statement of Facts, # 2 Text of Proposed Order, # 3 Exhibit 1, # 4 Exhibit 2, # 5 Exhibit 3, # 6 Exhibit 4, # 7 Exhibit 5, # 8 Exhibit 6)(Clifford, John) (Entered: 02/04/2020)
2020-02-05NOTICE OF CORRECTED DOCKET ENTRY: re 11 Reply to opposition to Motion, was entered in error at the request of counsel. (See Docket Entry 14 to view document). (eg) (Entered: 02/05/2020)
2020-03-0315ENTERED IN ERROR. . . . .MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Mick G. Harrison, Filing fee $ 100, receipt number ADCDC-6884720. Fee Status: Fee Paid. by DAVID COLE (Attachments: # 1 Declaration of Counsel Mick Harrison)(Harrison, Mick) Modified on 3/4/2020 (ztd). (Entered: 03/03/2020)
2020-03-04NOTICE OF ERROR re 15 Motion for Leave to Appear Pro Hac Vice; emailed to mickharrisonesq@gmail.com, cc'd 5 associated attorneys -- The PDF file you docketed contained errors: 1. Please refile document, 2. The sponsoring attorney must electronically file this document. (ztd, ) (Entered: 03/04/2020)
2020-03-0416Memorandum in opposition to re 13 MOTION for Discovery , 12 MOTION for Summary Judgment filed by WALTER G. COPAN, NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY. (Attachments: # 1 2nd Declaration of Catherine S. Fletcher, # 2 Statement of Facts, # 3 Text of Proposed Order)(Cirino, Paul) (Entered: 03/04/2020)
2020-03-0417REPLY to opposition to motion re 10 MOTION for Summary Judgment filed by WALTER G. COPAN, NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY. (Attachments: # 1 2nd Declaration of Catherine S. Fletcher, # 2 Statement of Facts, # 3 Text of Proposed Order)(Cirino, Paul) (Entered: 03/04/2020)
2020-03-1218MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Mick G. Harrison, Filing fee $ 100, receipt number ADCDC-6914811. Fee Status: Fee Paid. by DAVID COLE (Attachments: # 1 Declaration of Counsel Mick Harrison)(Clifford, John) (Entered: 03/12/2020)
2020-03-1819REPLY to opposition to motion re , 12 MOTION for Summary Judgment filed by DAVID COLE. (Harrison, Mick) Modified linkage on 3/19/2020 (ztd). (Entered: 03/18/2020)
2020-10-23MINUTE ORDER: Granting 47 Motion for Leave to Appear Pro Hac Vice. DAVID COLE 18 is hereby admitted pro hac vice to appear in this matter on behalf of Plaintiff. Pro hac applicants who seek admission more than twice within two years are highly encouraged to become members of the Bar for this court. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). Click for inst ructions . Signed by Judge Tanya S. Chutkan on 10/23/2020. (DJS) (Entered: 10/23/2020)
2020-11-3020MEMORANDUM AND OPINION re: Defendants Motion for Summary Judgment 10 ; Plaintiffs Motion for Summary Judgment and Motion for Discovery 12 . Signed by Judge Tanya S. Chutkan on 11/30/2020. (lcac) (Entered: 11/30/2020)
2020-11-3021ORDER granting 10 Defendants' Motion for Summary Judgment; denying 12 Plaintiff's Motion for Summary Judgment; denying 13 Plaintiff's Motion for Discovery. This is a final appealable order. Signed by Judge Tanya S. Chutkan on 11/30/2020. (lcac) (Entered: 11/30/2020)
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