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Case TitleFRIENDS OF THE EARTH v. NATIONAL OCEANIC & ATMOSPHERIC ADMINISTRATION et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2019cv01651
Date Filed2019-06-05
Date ClosedOpen
JudgeJudge Timothy J. Kelly
PlaintiffFRIENDS OF THE EARTH
Case DescriptionFriends of the Earth submitted a FOIA request to the National Oceanic and Atmospheric Administration for records concerning applications or proposals for certain finfish aquaculture projects sent to the Sea Grant program. The agency acknowledged receipt of the request. The agency located 115 responsive records but withheld them under Exemption 4 (confidential business information). FOE filed an administrative appeal. The agency told FOE that its original description of the 115 responsive records was incorrect because it contained a mixture of applications and proposals. However, the agency found that some of the records were protected by Exemption 5 (privileges) and while fewer records were subject to Exemption 4 than originally thought, some portions of proposals were still protected by Exemption 4 as well. Arguing that the agency's response to its administrative appeal did not constitute a final determination, FOE then filed suit.
Complaint issues: Litigation - Attorney's fees

DefendantNATIONAL OCEANIC & ATMOSPHERIC ADMINISTRATION
DefendantUNITED STATES DEPARTMENT OF COMMERCE
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

2019-06-051COMPLAINT against All Plaintiffs ( Filing fee $ 400 receipt number 0090-6167378) filed by FRIENDS OF THE EARTH. (Attachments: # 1 Civil Cover Sheet Cover Sheet, # 2 Summons Summons for NOAA, # 3 Summons Summons for DOC, # 4 Summons Summons for AG, # 5 Summons Summons for US Atty)(Lewis, Elizabeth) (Entered: 06/05/2019)
2019-06-06Case Assigned to Judge Timothy J. Kelly. (zef, ) (Entered: 06/06/2019)
2019-06-062SUMMONS (4) Issued Electronically as to NATIONAL OCEANIC & ATMOSPHERIC ADMINISTRATION, UNITED STATES DEPARTMENT OF COMMERCE, U.S. Attorney and U.S. Attorney General. (Attachments: # 1 Notice and Consent)(zef, ) (Entered: 06/06/2019)
2019-06-113NOTICE of Appearance by William N. Lawton on behalf of FRIENDS OF THE EARTH (Lawton, William) (Entered: 06/11/2019)
2019-07-124NOTICE of Change in Firm Affiliation by FRIENDS OF THE EARTH (Lewis, Elizabeth) (Entered: 07/12/2019)
2019-07-175Consent MOTION for Extension of Time to File Answer re 1 Complaint, by NATIONAL OCEANIC & ATMOSPHERIC ADMINISTRATION, UNITED STATES DEPARTMENT OF COMMERCE (Attachments: # 1 Text of Proposed Order)(Mussenden, Paul) (Entered: 07/17/2019)
2019-07-18MINUTE ORDER granting, for good cause shown, Defendants' 5 Consent Motion for Extension of Time. It is hereby ORDERED that Defendants shall respond to Plaintiff's 1 Complaint by September 16, 2019. Signed by Judge Timothy J. Kelly on 7/18/2019. (lctjk3) (Entered: 07/18/2019)
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by FOIA Project Staff
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