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Case TitleFLYERS RIGHTS EDUCATION FUND, INC et al v. FEDERAL AVIATION ADMINISTRATION
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2019cv03749
Date Filed2019-12-16
Date ClosedOpen
JudgeJudge Colleen Kollar-Kotelly
PlaintiffFLYERS RIGHTS EDUCATION FUND, INC
PlaintiffPAUL HUDSON
Case DescriptionThe Flyers Rights Education Fund submitted a FOIA request to the Federal Aviation Administration for records concerning software changes made to the Boeing 737 MAX. The Fund also requested expedited processing and a fee waiver. The agency acknowledged receipt of the request but after hearing nothing further from the agency the Flyers Rights Education Fund filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Expedited processing, Public Interest Fee Waiver, Litigation - Attorney's fees

DefendantFEDERAL AVIATION 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

2019-12-161COMPLAINT against All Defendants ( Filing fee $ 400 receipt number ADCDC-6650325) filed by Flyers Rights. (Attachments: # 1 Civil Cover Sheet, # 2 Summons US Attorney DC, # 3 Summons Atty Gen of US, # 4 Summons Agency)(Sandler, Joseph) (Entered: 12/16/2019)
2019-12-17Case Assigned to Judge Colleen Kollar-Kotelly. (adh, ) (Entered: 12/17/2019)
2019-12-172SUMMONS (3) Issued Electronically as to FEDERAL AVIATION ADMINISTRATION, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(adh, ) (Entered: 12/17/2019)
2019-12-233MOTION for Preliminary Injunction , MOTION for Permanent Injunction by FLYERS RIGHTS EDUCATION FUND, INC (Attachments: # 1 Memorandum in Support of Motion for Preliminary Injunction, # 2 Exhibit Ex 1 to Memorandum, # 3 Exhibit Ex 2 to Memorandum, # 4 Exhibit Ex 3 to Memorandum, # 5 Exhibit Ex 4 to Memorandum, # 6 Declaration of Paul Hudson, # 7 Declaration of Chesley (Sully) Sullenberger, # 8 Declaration of Javier de Luis, # 9 Declaration of Gregory Travis, # 10 Declaration of Michael Goldfarb, # 11 Declaration of Michael Neely, # 12 Text of Proposed Order)(Sandler, Joseph) (Entered: 12/23/2019)
2019-12-234NOTICE of Appearance by Derek S. Hammond on behalf of All Defendants (Hammond, Derek) (Entered: 12/23/2019)
2019-12-235MOTION for Extension of Time to File Response/Reply by FEDERAL AVIATION ADMINISTRATION (Attachments: # 1 Text of Proposed Order)(Hammond, Derek) (Entered: 12/23/2019)
2019-12-23MINUTE ORDER: The Court has received Plaintiff's 3 Motion for Preliminary Injunction as well as Defendant's 5 Motion for Enlargement of Time. Defendant requests a fourteen-day extension of the deadline to respond to Plaintiff's Motion. Plaintiff consents only to a seven-day extension of the response deadline. To discuss the Motion for Preliminary Injunction and the briefing schedule, the Court shall hold an on-the-record teleconference this Friday DECEMBER 27, 2019 at 9:00 AM . The parties shall call into the Chambers line jointly. Signed by Judge Colleen Kollar-Kotelly on December 23, 2019. (lccck1) (Entered: 12/23/2019)
2019-12-23Set/Reset Hearings: Telephone Conference on the record set for 12/27/2019 at 9:00 AM in Chambers before Judge Colleen Kollar-Kotelly. (dot) (Entered: 12/26/2019)
2019-12-276ORDER ESTABLISHING PROCEDURES FOR CASES ASSIGNED TO JUDGE COLLEEN KOLLAR-KOTELLY. Signed by Judge Colleen Kollar-Kotelly on 12/27/2019. (DM) (Entered: 12/27/2019)
2019-12-27Minute Entry for proceedings held before Judge Colleen Kollar-Kotelly: Telephone Conference on the record held on 12/27/2019. (Court Reporter Lisa Edwards.) (dot) (Entered: 12/27/2019)
2019-12-277ORDER: Plaintiffs' Motion for a Preliminary Injunction is held in abeyance. By January 13, 2020, Defendant shall provide Plaintiffs with the information set forth in this Order and propose a schedule for production of documents. The parties shall confer and file a Joint Status Report containing the aforementioned information and their agreed-upon or separate proposed production schedules by January 13, 2020. In the event that the parties do not agree upon a production schedule, this matter is set for a Telephonic Status Conference on January 14, 2020, at 10:30 a.m. See Order for details. Signed by Judge Colleen Kollar-Kotelly on 12/27/2019. (DM) (Entered: 12/27/2019)
2019-12-27Set/Reset Hearings: Telephone Conference on the record set for 1/14/2020 at 10:30 AM in Chambers before Judge Colleen Kollar-Kotelly. (dot) (Entered: 01/13/2020)
2020-01-138Joint STATUS REPORT by FLYERS RIGHTS EDUCATION FUND, INC. (Sandler, Joseph) (Entered: 01/13/2020)
2020-01-13MINUTE ORDER. The Court is in receipt of the parties' 8 Joint Status Report. Plaintiff has provisionally agreed to narrow its request and Defendant has agreed to provide Plaintiff with the number of pages and documents that would need to be processed by the FAA based on this revised request by January 17, 2020. The Court VACATES the teleconference which had been scheduled for January 14, 2020. The Court ORDERS the parties to file a Joint Status Report by JANUARY 21, 2020, indicating an agreed upon schedule of production, or alternatively, separate proposed production schedules. If the parties cannot agree on a proposed production schedule, this matter shall be set for a telephonic conference. The briefing on Plaintiff's Motion for a Preliminary Injunction is held in abeyance. Signed by Judge Colleen Kollar-Kotelly on 1-13-2020. (lcckk3) (Entered: 01/13/2020)
2020-01-13Set/Reset Deadlines: Joint Status Report due by 1/21/2020, indicating an agreed upon schedule of production, or alternatively, separate proposed production schedules. (dot) (Entered: 01/17/2020)
2020-01-219Joint STATUS REPORT by FEDERAL AVIATION ADMINISTRATION. (Attachments: # 1 Declaration of Rick Perez)(Hammond, Derek) (Entered: 01/21/2020)
2020-01-21MINUTE ORDER. The Court is in receipt of the parties' 9 Joint Status Report. Defendant indicates that, based on the narrowing of Plaintiff's FOIA request, Defendant has identified 86 responsive records, totaling 9,443 pages. The parties have not agreed on a production schedule. As an initial note, Defendant indicates that it currently has many pending FOIA requests concerning the Boeing 737 MAX, none of which have been granted expedited processing. As such, work done on Plaintiff's FOIA request will likely be responsive to other FOIA requests concerning the Boeing 737 MAX. In order to set a processing and production schedule, the Court ORDERS that by JANUARY 28, 2020, Defendant notify Plaintiff whether or not the document described as the "Complete System Description/Final Software Load" is included in Defendant's list of 86 documents. The Court further ORDERS that by FEBRUARY 4, 2020, Defendant provide Plaintiff with a list of the 86 documents. The list should set out the title, author, recipient, date, and number of pages for each document. Finally, the Court ORDERS that by FEBRUARY 10, 2020, Plaintiff submit a Status Report informing Defendant and the Court of Plaintiff's prioritization of the documents. After Plaintiff provides a prioritization of the documents, the Court shall set a processing and production schedule, in consultation with the parties. Signed by Judge Colleen Kollar-Kotelly on 1-21-2020. (lcckk3) (Entered: 01/21/2020)
2020-01-22Set/Reset Deadlines: Defendant's notice to Plaintiff due by 1/28/2020; Defendant to provide Plaintiff with a list of the 86 documents by 2/4/2020; Plaintiffs' Status Report due by 2/10/2020. (kt) (Entered: 01/22/2020)
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