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Case TitleFriends of the Earth v. National Oceanic and Atmospheric Administration
DistrictDistrict of Maryland
CityGreenbelt
Case Number8:2019cv02745
Date Filed2019-09-17
Date Closed2022-08-01
JudgeJudge Deborah L. Boardman
PlaintiffFriends of the Earth
Case DescriptionFriends of the Earth submitted a FOIA request to the National Oceanic and Atmospheric Administration for records concerning how the agency processes FOIA requests, particularly fee waivers. The agency acknowledged receipt of the request. The agency disclosed 19 records as part of an interim response. The agency later told FoE that it had found 8,700 potentially responsive emails and that it would continue processing the request. After hearing nothing further from the agency, FoE filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees, Adequacy - Search

DefendantNational Oceanic and Atmospheric Administration
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2019-09-171COMPLAINT for Declaratory and Injunctive Relief against National Oceanic and Atmospheric Administration ( Filing fee $ 400 receipt number 0416-8237899.), filed by Friends of the Earth. (Attachments: # 1 Civil Cover Sheet, # 2 Summons Summons to NOAA, # 3 Summons Summons to Robert Hur, # 4 Summons Summons to William Bar)(Miller, Susan) (Entered: 09/17/2019)
2019-09-172Local Rule 103.3 Disclosure Statement by Friends of the Earth (Miller, Susan) (Entered: 09/17/2019)
2019-09-173MOTION to Appear Pro Hac Vice for Christopher D. Eaton (Filing fee $100, receipt number 0416-8237990.) by Friends of the Earth(Miller, Susan) (Entered: 09/17/2019)
2019-09-174MOTION to Appear Pro Hac Vice for Stephen D. Mashuda (Filing fee $100, receipt number 0416-8238004.) by Friends of the Earth(Miller, Susan) (Entered: 09/17/2019)
2019-09-175QC NOTICE: 3 Motion to Appear Pro Hac Vice filed by Friends of the Earth needs to be modified. See attachment for details and corrective actions needed regarding the signature(s) on the motion. (srd, Deputy Clerk) (Entered: 09/17/2019)
2019-09-176QC NOTICE: 4 Motion to Appear Pro Hac Vice filed by Friends of the Earth needs to be modified. See attachment for details and corrective actions needed regarding the signature(s) on the motion. (srd, Deputy Clerk) (Entered: 09/17/2019)
2019-09-177CORRECTED MOTION to Appear Pro Hac Vice for Stephen D. Mashuda by Friends of the Earth. The fee has already been paid.(Miller, Susan) (Entered: 09/17/2019)
2019-09-178CORRECTED MOTION to Appear Pro Hac Vice for Christopher D. Eaton by Friends of the Earth. The fee has already been paid.(Miller, Susan) (Entered: 09/17/2019)
2019-09-189PAPERLESS ORDER granting 7 Corrected Motion to Appear Pro Hac Vice on behalf of Stephen Daniel Mashuda. Directing attorney Stephen Daniel Mashuda to use the attorney's existing CM/ECF login and password previously issued in this Court. The account password can be reset at http://www.mdd.uscourts.gov/electronic-case-filing-password-reset. Signed by Clerk on 9/18/2019. (srd, Deputy Clerk) (Entered: 09/18/2019)
2019-09-1810PAPERLESS ORDER granting 8 Corrected Motion to Appear Pro Hac Vice on behalf of Christopher Eaton. Directing attorney Christopher Eaton to use the attorney's existing CM/ECF login and password previously issued in this Court. The account password can be reset at http://www.mdd.uscourts.gov/electronic-case-filing-password-reset. Signed by Clerk on 9/18/2019. (srd, Deputy Clerk) (Entered: 09/18/2019)
2019-09-1811Summons Issued 60 days as to National Oceanic and Atmospheric Administration, U.S. Attorney and U.S. Attorney General(ybs, Deputy Clerk) (Entered: 09/18/2019)
2019-09-1812NOTICE of Case Assignment. This case has been assigned to Magistrate Judge Timothy J. Sullivan. Friends of the Earth or counsel for Friends of the Earth are required to review and comply with the Magistrate Judge Pilot Project Procedures which can be downloaded here . Pursuant to Standing Order 2018-04, which can be downloaded here , counsel has 14 days from the date of this notice to file their consent, or decline to consent to proceed before a U.S. Magistrate Judge which can be downloaded here . To file your consent, go to Civil > Other Filings > Other Documents > 25 Pct Mag - Consent to Proceed Before a Magistrate Judge . To file your declination, go to Civil > Other Filings > Other Documents > 25 Pct Mag - Decline to Proceed Before a Magistrate Judge . Failure to file a consent or declination will result in issuance of an Order to Show Cause. Please review the case management order that has been issued in this case. Magistrate Election Form due by 10/2/2019. (ybs, Deputy Clerk) (Entered: 09/18/2019)
2019-09-1813Case Management Order. Signed by Magistrate Judge Timothy J. Sullivan on 9/18/2019. (ybs, Deputy Clerk) (Entered: 09/18/2019)
2019-09-1814NOTICE by Friends of the Earth to Clerk Requesting Re-issuance of Summonses to Federal Defendants (Attachments: # 1 Summons to NOAA, # 2 Summons to Robert Hur, # 3 Summons to William Barr)(Miller, Susan) (Entered: 09/18/2019)
2019-09-2415Summons Reissued 60 days as to National Oceanic and Atmospheric Administration, U.S. Attorney and U.S. Attorney General.(jf3s, Deputy Clerk) (Entered: 09/24/2019)
2019-10-0417SUMMONS Returned Executed by Friends of the Earth. National Oceanic and Atmospheric Administration served on 9/27/2019, answer due 11/26/2019. (Attachments: # 1 Proof of Service on William Barr, # 2 Proof of Service on Robert Hur)(Miller, Susan) (Entered: 10/04/2019)
2019-10-09Case Reassigned to Judge George Jarrod Hazel. Magistrate Judge Timothy J. Sullivan no longer assigned to the case. (kns, Deputy Clerk) (Entered: 10/09/2019)
2019-10-2818Consent MOTION for Extension of Time to Respond to Complaint by National Oceanic and Atmospheric Administration (Attachments: # 1 Text of Proposed Order)(Cusson, Evelyn) (Entered: 10/28/2019)
2019-10-2819PAPERLESS ORDER granting 18 Motion for Extension of Time. Signed by Judge George Jarrod Hazel on 10/28/2019. (jw2s, Chambers) (Entered: 10/28/2019)
2019-11-2620MOTION for Extension of Time to File Answer by National Oceanic and Atmospheric Administration (Attachments: # 1 Text of Proposed Order)(Cusson, Evelyn) (Entered: 11/26/2019)
2019-11-2621Consent MOTION for Extension of Time to File Answer by National Oceanic and Atmospheric Administration (Attachments: # 1 Text of Proposed Order)(Cusson, Evelyn) (Entered: 11/26/2019)
2019-11-2622ORDER finding as moot 20 Motion for Extension of Time to Answer. Signed by Judge George Jarrod Hazel on 11/26/2019. (jw2s, Chambers) (Entered: 11/26/2019)
2019-11-2623PAPERLESS ORDER granting 21 Motion for Extension of Time to Answer. Signed by Judge George Jarrod Hazel on 11/26/2019. (jw2s, Chambers) (Entered: 11/26/2019)
2019-12-0524ANSWER to 1 Complaint, by National Oceanic and Atmospheric Administration.(Cusson, Evelyn) (Entered: 12/05/2019)
2020-11-0625Paperless Correspondence Scheduling a Rule 16 conference call for Tuesday November 24, 2020 at 4:30 PM. Please dial in on ( 877) 810-9415 Access code 5860700 (jw2s, Chambers) (Entered: 11/06/2020)
2020-11-1126Status Report Submitted regarding Rule 16 Conference by National Oceanic and Atmospheric Administration (Cusson, Evelyn) (Entered: 11/11/2020)
2020-11-2327NOTICE of Appearance by Christopher D. Eaton on behalf of Friends of the Earth (Eaton, Christopher) (Entered: 11/23/2020)
2021-01-0828Status Report Submitted (Joint Status Report) by National Oceanic and Atmospheric Administration (Cusson, Evelyn) (Entered: 01/08/2021)
2021-06-1629Status Report Submitted by National Oceanic and Atmospheric Administration (Cusson, Evelyn) (Entered: 06/16/2021)
2021-07-3030Status Report Submitted by Friends of the Earth (Eaton, Christopher) (Entered: 07/30/2021)
2021-08-25Case Reassigned to Judge Deborah L. Boardman. Judge George Jarrod Hazel no longer assigned to the case. (ybs, Deputy Clerk) (Entered: 08/25/2021)
2021-08-3031Status Report Submitted (Joint Status Report) by National Oceanic and Atmospheric Administration (Cusson, Evelyn) (Entered: 08/30/2021)
2021-08-3132PAPERLESS ORDER thanking the parties for their status report 31 . The next status report is due September 30, 2021. Signed by Judge Deborah L. Boardman on 8/31/2021. (lmys, Chambers) (Entered: 08/31/2021)
2021-09-2933Status Report Submitted (Joint Status Report by the Parties) by National Oceanic and Atmospheric Administration (Cusson, Evelyn) (Entered: 09/29/2021)
2021-09-2934PAPERLESS ORDER thanking the parties for their status report 33 . The next status report is due November 30, 2021. Signed by Judge Deborah L. Boardman on 9/29/2021. (lmys, Chambers) (Entered: 09/29/2021)
2021-11-3035Status Report Submitted (Joint Status Report by the Parties) by National Oceanic and Atmospheric Administration (Cusson, Evelyn) (Entered: 11/30/2021)
2021-11-3036PAPERLESS ORDER thanking the parties for their status report 35 . The next status report is due January 28, 2022. Signed by Judge Deborah L. Boardman on 11/30/2021. (lmys, Chambers) (Entered: 11/30/2021)
2022-01-2837Status Report Submitted (Joint Status Report) by National Oceanic and Atmospheric Administration (Cusson, Evelyn) (Entered: 01/28/2022)
2022-01-3138PAPERLESS ORDER thanking the parties for their status report 37 . The next status report is due February 28, 2022. Signed by Judge Deborah L. Boardman on 1/31/2022. (lmys, Chambers) (Entered: 01/31/2022)
2022-02-2839Status Report Submitted (Joint Status Report by the Parties) by National Oceanic and Atmospheric Administration (Cusson, Evelyn) (Entered: 02/28/2022)
2022-03-0140PAPERLESS ORDER thanking the parties for their status report 39 . The next status report is due April 1, 2022. Signed by Judge Deborah L. Boardman on 3/1/2022. (lmys, Chambers) (Entered: 03/01/2022)
2022-04-0141Status Report Submitted (Joint Status Report by the Parties) by National Oceanic and Atmospheric Administration (Cusson, Evelyn) (Entered: 04/01/2022)
2022-04-0542PAPERLESS ORDER thanking the parties for their status report 41 . The next status report is due May 2, 2022. Signed by Judge Deborah L. Boardman on 4/5/2022. (lmys, Chambers) (Entered: 04/05/2022)
2022-05-0243Status Report Submitted Joint Status Report by the Parties by National Oceanic and Atmospheric Administration (Cusson, Evelyn) (Entered: 05/02/2022)
2022-05-0644PAPERLESS ORDER thanking the parties for their status report 43 . The next status report is due June 2, 2022. Signed by Judge Deborah L. Boardman on 5/6/2022. (lmys, Chambers) (Entered: 05/06/2022)
2022-06-0245Status Report Submitted Joint Status Report by the Parties by Friends of the Earth (Eaton, Christopher) (Entered: 06/02/2022)
2022-06-0846PAPERLESS ORDER thanking the parties for their status report 45 . The next status report is due July 6, 2022. Signed by Judge Deborah L. Boardman on 6/8/2022. (lmys, Chambers) (Entered: 06/08/2022)
2022-07-0747Status Report Submitted Joint Status Report on behalf of the Parties by National Oceanic and Atmospheric Administration (Cusson, Evelyn) (Entered: 07/07/2022)
2022-08-0148STIPULATION of Dismissal with Prejudice by Friends of the Earth(Eaton, Christopher) (Entered: 08/01/2022)
2022-08-0149MARGINAL ORDER approving 48 Stipulation of Dismissal with prejudice filed by Friends of the Earth. Signed by Judge Deborah L. Boardman on 8/1/2022. (dass, Deputy Clerk) (Entered: 08/02/2022)
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