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Case TitleCENTER FOR BIOLOGICAL DIVERSITY v. NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2019cv01302
Date Filed2019-05-06
Date ClosedOpen
JudgeJudge Rudolph Contreras
PlaintiffCENTER FOR BIOLOGICAL DIVERSITY
Case DescriptionThe Center for Biological Diversity submitted a FOIA request to the National Oceanic and Atmospheric Administration for records concerning communications of NOAA's Chief of Staff Stuart Levenbach. CBD also requested a fee waiver. The agency acknowledged receipt of the request. The agency denied CBD's fee waiver request and told CBD that fees for processing the request would be $56. CBD agreed to pay $25 under protest. However, after CBD agreed to limit the scope of its request, the agency granted their fee waiver request for the amended request. CBD submitted a second FOIA request for Levenbach's communications that extended the date to the present. CBD also requested a fee waiver. The agency again told CBD that it would grant its request for a fee waiver if it would limit the scope of its request to email records ending in a noaa.gov address. CBD agreed to those terms. However, after hearing nothing further from the agency pertaining to either request, CBD filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Attorney's fees

DefendantNATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION
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

2019-05-061COMPLAINT against NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION ( Filing fee $ 400 receipt number 0090-6104752) filed by CENTER FOR BIOLOGICAL DIVERSITY. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Declaration Rule 26 Certificate)(Snape, William) (Attachment 1 replaced on 5/7/2019) (zef, ). (Entered: 05/06/2019)
2019-05-062LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by CENTER FOR BIOLOGICAL DIVERSITY. (zef, ) (Entered: 05/07/2019)
2019-05-07Case Assigned to Judge Rudolph Contreras. (zef, ) (Entered: 05/07/2019)
2019-05-073SUMMONS (3) Issued Electronically as to NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION, U.S. Attorney and U.S. Attorney General. (Attachments: # 1 Notice and Consent)(zef, ) (Entered: 05/07/2019)
2019-05-074NOTICE of Appearance by Paulo Antonio Lopes on behalf of CENTER FOR BIOLOGICAL DIVERSITY (Lopes, Paulo) (Entered: 05/07/2019)
2019-06-075RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 5/14/2019. ( Answer due for ALL FEDERAL DEFENDANTS by 6/13/2019.), RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 5/14/2019., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION served on 5/10/2019 (Attachments: # 1 Certificate of Service Attachment A)(Lopes, Paulo) (Entered: 06/07/2019)
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by FOIA Project Staff
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