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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 Closed2021-04-28
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)
2019-08-226NOTICE of Change of Address by Elizabeth Leigh Lewis (Lewis, Elizabeth) (Entered: 08/22/2019)
2019-09-167ANSWER to Complaint by NATIONAL OCEANIC & ATMOSPHERIC ADMINISTRATION, UNITED STATES DEPARTMENT OF COMMERCE.(Mussenden, Paul) (Entered: 09/16/2019)
2019-09-17MINUTE ORDER: Before the Court in this FOIA case are a complaint and an answer. It is hereby ORDERED that the parties shall meet, confer, and file a joint proposed schedule for briefing or disclosure by October 15, 2019. Signed by Judge Timothy J. Kelly on 9/17/2019. (lctjk3) (Entered: 09/17/2019)
2019-10-158Joint STATUS REPORT by NATIONAL OCEANIC & ATMOSPHERIC ADMINISTRATION, UNITED STATES DEPARTMENT OF COMMERCE. (Mussenden, Paul) (Entered: 10/15/2019)
2019-11-05MINUTE ORDER: In light of the parties' 8 Joint Status Report, it is hereby ORDERED that the parties shall file a further joint status report by December 16, 2019. Signed by Judge Timothy J. Kelly on 11/5/2019. (lctjk3) (Entered: 11/05/2019)
2019-12-139Joint STATUS REPORT by NATIONAL OCEANIC & ATMOSPHERIC ADMINISTRATION, UNITED STATES DEPARTMENT OF COMMERCE. (Mussenden, Paul) (Entered: 12/13/2019)
2019-12-16MINUTE ORDER: In light of the parties' 9 Joint Status Report, it is hereby ORDERED that the parties shall file a further joint status report by March 24, 2020. Signed by Judge Timothy J. Kelly on 12/16/2019. (lctjk3) (Entered: 12/16/2019)
2020-03-1810Joint STATUS REPORT by NATIONAL OCEANIC & ATMOSPHERIC ADMINISTRATION, UNITED STATES DEPARTMENT OF COMMERCE. (Mussenden, Paul) (Entered: 03/18/2020)
2020-03-19MINUTE ORDER: Upon consideration of the parties' 10 Joint Status Report, it is hereby ORDERED that the parties shall file a further joint status report by May 26, 2020. Signed by Judge Timothy J. Kelly on 3/19/2020. (lctjk3) (Entered: 03/19/2020)
2020-05-2611Joint STATUS REPORT by FRIENDS OF THE EARTH. (Lewis, Elizabeth) (Entered: 05/26/2020)
2020-05-27MINUTE ORDER: Upon consideration of the parties' 11 Joint Status Report, it is hereby ORDERED that the parties shall file a further joint status report by July 27, 2020. Signed by Judge Timothy J. Kelly on 5/27/2020. (lctjk3) (Entered: 05/27/2020)
2020-07-2712Joint STATUS REPORT by NATIONAL OCEANIC & ATMOSPHERIC ADMINISTRATION, UNITED STATES DEPARTMENT OF COMMERCE. (Mussenden, Paul) (Entered: 07/27/2020)
2020-07-28MINUTE ORDER: Upon consideration of the parties' 12 Joint Status Report, it is hereby ORDERED that the parties shall file a further joint status report by September 25, 2020. Signed by Judge Timothy J. Kelly on 7/28/2020. (lctjk3) (Entered: 07/28/2020)
2020-09-2513Joint STATUS REPORT by NATIONAL OCEANIC & ATMOSPHERIC ADMINISTRATION, UNITED STATES DEPARTMENT OF COMMERCE. (Mussenden, Paul) (Entered: 09/25/2020)
2020-09-25MINUTE ORDER: Upon consideration of the parties' 12 Joint Status Report, it is hereby ORDERED that the parties shall file a further joint status report by November 24, 2020. Signed by Judge Timothy J. Kelly on 9/25/2020. (lctjk3) (Entered: 09/25/2020)
2020-11-2414Joint STATUS REPORT by NATIONAL OCEANIC & ATMOSPHERIC ADMINISTRATION, UNITED STATES DEPARTMENT OF COMMERCE. (Mussenden, Paul) (Entered: 11/24/2020)
2020-11-25MINUTE ORDER: Upon consideration of the parties' 14 Joint Status Report, it is hereby ORDERED that the parties shall file a further joint status report by January 12, 2021. Signed by Judge Timothy J. Kelly on 11/25/2020. (lctjk3) (Entered: 11/25/2020)
2021-01-1215Joint STATUS REPORT by NATIONAL OCEANIC & ATMOSPHERIC ADMINISTRATION, UNITED STATES DEPARTMENT OF COMMERCE. (Mussenden, Paul) (Entered: 01/12/2021)
2021-01-13MINUTE ORDER: Upon consideration of the parties' 15 Joint Status Report, it is hereby ORDERED that the parties shall file a further joint status report by February 26, 2021. Signed by Judge Timothy J. Kelly on 01/13/2021. (lctjk3) (Entered: 01/13/2021)
2021-02-2616NOTICE OF SUBSTITUTION OF COUNSEL by Heather D. Graham-Oliver on behalf of NATIONAL OCEANIC & ATMOSPHERIC ADMINISTRATION, UNITED STATES DEPARTMENT OF COMMERCE Substituting for attorney Paul Mussenden (Graham-Oliver, Heather) (Entered: 02/26/2021)
2021-02-2617Joint STATUS REPORT by NATIONAL OCEANIC & ATMOSPHERIC ADMINISTRATION, UNITED STATES DEPARTMENT OF COMMERCE. (Graham-Oliver, Heather) (Entered: 02/26/2021)
2021-02-27MINUTE ORDER: Upon consideration of the parties' 17 Joint Status Report, it is hereby ORDERED that the parties shall file a further joint status report by April 12, 2021. Signed by Judge Timothy J. Kelly on 2/27/2021. (lctjk3) (Entered: 02/27/2021)
2021-03-01Set/Reset Deadlines: Joint Status Report due by 4/12/2021. (zkh) (Entered: 03/01/2021)
2021-04-1218Joint STATUS REPORT by NATIONAL OCEANIC & ATMOSPHERIC ADMINISTRATION, UNITED STATES DEPARTMENT OF COMMERCE. (Graham-Oliver, Heather) (Entered: 04/12/2021)
2021-04-13NOTICE of Provisional/Government Not Certified Status re 18 Joint STATUS REPORT by NATIONAL OCEANIC & ATMOSPHERIC ADMINISTRATION, UNITED STATES DEPARTMENT OF COMMERCE. (Graham-Oliver, Heather). Your attorney renewal/government certification has not been received. As a result, your membership with the U.S. District & Bankruptcy Courts for the District of Columbia is not in good standing, and you are not permitted to file. Pursuant to Local Civil Rule 83.9, you must immediately correct your membership status by following the appropriate instructions on this page of our website: https://www.dcd.uscourts.gov/attorney-admissions-and-renewal-information. Please be advised that the presiding judge in this case has been notified that you are currently not in good standing to file in this court. Renewal Due by 4/20/2021. (znmw) (Entered: 04/13/2021)
2021-04-2819STIPULATION of Dismissal by NATIONAL OCEANIC & ATMOSPHERIC ADMINISTRATION, UNITED STATES DEPARTMENT OF COMMERCE. (Graham-Oliver, Heather) (Entered: 04/28/2021)
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