Case Detail

FOIA Project Annotation: Judge Christopher Cooper has ruled that AquaAlliance, a public interest organization advocating for protection of the waters in the northern Sacramento River watershed, is not entitled to attorney's fees for its FOIA suit against the National Oceanic and Atmospheric Administration because the suit did not cause the agency to respond to AquaAlliance's FOIA request for records related to pollution caused by the failure of California's Oroville Dam in 2017. When the agency failed to respond after six weeks, AquaAlliance filed suit. Shortly after the suit was filed, NOAA produced 3000 pages and withheld 114 documents in full. It also referred 344 documents to other agencies. Over the course of the next year, the parties narrowed the number of exemptions in dispute and after AquaAlliance dropped its objections to all but three documents, NOAA disclosed those documents in full. AquaAlliance then filed a motion for $41,000 in fees and costs. AquaAlliance argued that because of its negotiations with the agency, NOAA disclosed the three documents. NOAA, by contrast, argued that it disclosed the documents because one of them was actually non-responsive and not worth fighting over, and because its deliberative process privilege claim for the other two documents had dissipated with the passage of time. Cooper found none of these arguments persuasive. As to the diminution of the deliberative process claims, he noted that "there is a faulty premise baked into NOAA's argument: that to qualify as a catalyst the lawsuit must change an agency's broader position on the application of certain exemptions to certain types of documents. This demands far more than any of the relevant cases have required." He added that "the lawsuit here caused the agency to change its position on this particular document and produce it to AquaAlliance. That is enough to show the lawsuit was a catalyst for its production." However, having found that AquaAlliance was eligible for fees, Cooper concluded that it was not entitled to fees because the agency's conduct was reasonable once it learned of AquaAlliance's suit. He pointed out that "it cannot be true that pre-suit delay itself �" irrespective of the delay's length, the reasons for it, and the agency's conduct post-suit �" compels a reasonableness finding in a plaintiff's favor." He observed that "courts assessing the reasonableness factor are to consider, first, 'whether the agency's opposition to disclosure has a reasonable basis in law,' and second, 'whether the agency has not been recalcitrant in its opposition to a valid claim or otherwise engaged in obdurate behavior.' A pre-suit failure to respond to a request helps answer the first question �" because there will rarely be a 'reasonable basis' for failing to respond altogether �" but helps must less with the second question �" because the delay may not reflect recalcitrance or obduracy at all." Cooper noted that "to be sure, the agency does not earn perfect marks here: the failure to respond to the request within FOIA's 20-day deadline and before the lawsuit was filed renders its behavior less than exemplary. But only a myopic focus on that initial delay suggests the agency's behavior in this case was unreasonable." Cooper concluded that "because NOAA responded reasonably to the FOIA request, AquaAlliance is not entitled to an award."
Issues: Litigation - Attorney's fees - Entitlement - Reasonable Basis for Withholding

Date Filed	Doc #	Docket Text
2017-10-11	1	COMPLAINT against NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION ( Filing fee $ 400 receipt number 0090-5154373) filed by AQUALLIANCE. (Attachments: # 1 Civil Cover Sheet, # 2 Summons to US Attorney Civil Process Clerk, # 3 Summons to Attorney General, # 4 Summons to Defendant)(Kenna, Matt) (Entered: 10/11/2017)
2017-10-12		Case Assigned to Judge Christopher R. Cooper. (zsb) (Entered: 10/12/2017)
2017-10-12	2	SUMMONS (3) Issued Electronically as to NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(zsb) (Entered: 10/12/2017)
2017-10-12	3	Corporate Disclosure Statement by AQUALLIANCE. (Kenna, Matt) (Entered: 10/12/2017)
2017-10-17	4	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 10/17/2017. Answer due for ALL FEDERAL DEFENDANTS by 11/16/2017. (Attachments: # 1 Return Receipt)(Kenna, Matt) (Main Document 4 replaced on 10/18/2017) (znmw). (Entered: 10/17/2017)
2017-10-17	5	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 10/17/17. (Attachments: # 1 Return Receipt)(Kenna, Matt) (Main Document 5 replaced on 10/18/2017) (znmw). (Entered: 10/17/2017)
2017-10-17	6	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION served on 10/16/2017 (Attachments: # 1 Return Receipt)(Kenna, Matt) (Main Document 6 replaced on 10/18/2017) (znmw). Modified date of service on 10/18/2017 (znmw). (Entered: 10/17/2017)
2017-11-08	7	NOTICE of Appearance by Wyneva Johnson on behalf of NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION (Johnson, Wyneva) (Entered: 11/08/2017)
2017-11-15	8	Consent MOTION for Extension of Time to Respond to Plaintiff's Complaint by NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION (Attachments: # 1 Text of Proposed Order)(Johnson, Wyneva) (Entered: 11/15/2017)
2017-11-16		MINUTE ORDER granting 8 Defendant's Motion for Extension of Time. Defendant's response to the complaint shall now be due by December 18, 2017. Signed by Judge Christopher R. Cooper on 11/16/2017. (lccrc2) (Entered: 11/16/2017)
2017-11-16		Set/Reset Deadlines: Answer due by 12/18/2017. (lsj) (Entered: 11/16/2017)
2017-12-15	9	Consent MOTION for Extension of Time to Respond to Plaintiff's Complaint by NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION (Attachments: # 1 Text of Proposed Order)(Johnson, Wyneva) (Entered: 12/15/2017)
2017-12-18		MINUTE ORDER granting 9 Defendant's Motion for Extension of Time. Defendant's response to the complaint shall now be due by January 18, 2018. Signed by Judge Christopher R. Cooper on 12/18/2017. (lccrc2) (Entered: 12/18/2017)
2018-01-18	10	MOTION for Extension of Time to File Answer by NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION (Attachments: # 1 Text of Proposed Order)(Johnson, Wyneva) (Entered: 01/18/2018)
2018-01-18		MINUTE ORDER granting 10 Defendant's Motion for Extension of Time. Defendant's response to the complaint shall now be due by January 25, 2018. Signed by Judge Christopher R. Cooper on 1/18/2018. (lccrc2) (Entered: 01/18/2018)
2018-01-19		Set/Reset Deadlines: Answer due by 1/25/2018. (lsj) (Entered: 01/19/2018)
2018-01-25	11	Consent MOTION for Extension of Time to File Answer by NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION (Attachments: # 1 Text of Proposed Order)(Johnson, Wyneva) (Entered: 01/25/2018)
2018-01-29		MINUTE ORDER granting 11 Defendant's Motion for Extension of Time. Defendant's response to the complaint shall now be due by February 1, 2018. No further extensions will be granted. Signed by Judge Christopher R. Cooper on 1/29/2018. (lccrc2) (Entered: 01/29/2018)
2018-01-29		Set/Reset Deadlines: Answer due by 2/1/2018. (lsj) (Entered: 01/29/2018)
2018-02-01	12	Joint STATUS REPORT by NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION. (Attachments: # 1 Text of Proposed Order)(Johnson, Wyneva) (Entered: 02/01/2018)
2018-02-08		MINUTE ORDER: The Court adopts all the deadlines as set forth in 12 the parties' Joint Status Report. Defendant shall file a Vaughn index by April 12, 2018. The parties shall file a further joint status report by May 10, 2018 updating the Court on the status of production and, if necessary, proposing a briefing schedule. Signed by Judge Christopher R. Cooper on 2/8/2018. (lccrc2) (Entered: 02/08/2018)
2018-05-10	13	Joint STATUS REPORT by AQUALLIANCE. (Kenna, Matt) (Entered: 05/10/2018)
2018-05-14		MINUTE ORDER: In light of 13 the parties' joint status report, the summary judgment briefing schedule shall be as follows: Defendant's motion for summary judgment shall be due by June 7, 2018; Plaintiff's combined opposition and cross-motion for summary judgment shall be due by June 28, 2018; Defendant's combined opposition and reply shall be due by July 12, 2018; Plaintiff's reply shall be due by July 23, 2018. Signed by Judge Christopher R. Cooper on 5/14/2018. (lccrc2) (Entered: 05/14/2018)
2018-05-14		Set/Reset Deadlines: Summary Judgment motions due by 6/7/2018. Response to Motion for Summary Judgment due by 6/28/2018. Reply to Motion for Summary Judgment due by 7/12/2018. Plaintiff's Reply due by 7/23/2018. (lsj) (Entered: 05/14/2018)
2018-06-05	14	Consent MOTION for Extension of Time to File Defendant's Motion For Summary Judgment, by NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION (Attachments: # 1 Text of Proposed Order)(Johnson, Wyneva) (Entered: 06/05/2018)
2018-06-06		MINUTE ORDER granting 14 Defendant's Motion for Extension of Time. The following briefing schedule shall now apply: Defendant's motion for summary judgment shall now be due by July 6, 2018; Plaintiff's combined opposition and cross-motion shall now be due by July 27, 2018; Defendant's combined opposition and reply shall be due by August 10, 2018; and Plaintiff's reply shall be due by August 24, 2018. Signed by Judge Christopher R. Cooper on 6/6/2018. (lccrc2) (Entered: 06/06/2018)
2018-06-06		Set/Reset Deadlines: Summary Judgment motions due by 7/6/2018. Response to Motion for Summary Judgment due by 7/27/2018. Reply to Motion for Summary Judgment due by 8/10/2018. Plaintiff's Reply due by 8/24/2018. (lsj) (Entered: 06/06/2018)
2018-06-06	15	ERRATA by NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION. (Attachments: # 1 Renewed Consent Motion for an Extension of Time, # 2 Text of Proposed Order)(Johnson, Wyneva) (Entered: 06/06/2018)
2018-07-03	16	MOTION for Extension of Time to file Motion for Summary Judgment by NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION (Attachments: # 1 Text of Proposed Order)(Johnson, Wyneva) Modified on 7/5/2018 (ztd). (Entered: 07/03/2018)
2018-07-06		VACATED PURSUANT TO MINUTE ORDER ENTERED 8/8/2018....MINUTE ORDER granting 16 Defendant's Motion for Extension of Time. The following briefing schedule shall now apply: Defendant's motion for summary judgment shall now be due by August 6, 2018; Plaintiff's combined opposition and cross-motion for summary judgment shall be due by August 27, 2018; Defendant's combined opposition and reply shall be due by September 10, 2018; and Plaintiff's reply shall be due by September 24, 2018. Signed by Judge Christopher R. Cooper on 7/6/2018. (lccrc2) Modified on 8/8/2018 (zlsj). (Entered: 07/06/2018)
2018-07-06		Set/Reset Deadlines: Summary Judgment motions due by 8/6/2018. Response to Motion for Summary Judgment due by 8/27/2018. Reply to Motion for Summary Judgment due by 9/10/2018. Replies due by 9/24/2018. (lsj) (Entered: 07/06/2018)
2018-08-06	17	MOTION for Extension of Time to file Motion for Summary Judgment by NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION (Attachments: # 1 Text of Proposed Order)(Johnson, Wyneva) (Entered: 08/06/2018)
2018-08-08		MINUTE ORDER granting 17 Defendant's Motion for Extension of Time and vacating scheduling order entered July 6, 2018. The following briefing schedule shall now apply: Defendant's motion for summary judgment shall be due by September 6, 2018; Plaintiff's combined opposition and cross-motion for summary judgment shall be due by September 27, 2018; Defendant's combined opposition and reply shall be due by October 10, 2018; and Plaintiff's reply shall be due by October 24, 2018. Signed by Judge Christopher R. Cooper on 8/8/2018. (lccrc2) (Entered: 08/08/2018)
2018-08-08		Set/Reset Deadlines: Summary Judgment motions due by 9/6/2018. Response to and Cross Motion for Summary Judgment due by 9/27/2018. Reply to Motion for Summary Judgment due by 10/10/2018. Plaintiff's Replies due by 10/24/2018. (lsj) (Entered: 08/08/2018)
2018-08-30	18	Consent MOTION for Extension of Time to File Defendant's Motion for Summary Judgment, by NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION (Attachments: # 1 Text of Proposed Order)(Johnson, Wyneva) (Entered: 08/30/2018)
2018-08-31		VACATED PURSUANT TO MINUTE ORDER ENTERED ON 11/9/2018.....MINUTE ORDER granting 18 Defendant's Motion for Extension of Time and vacating scheduling order entered August 8, 2018. The following briefing schedule shall now apply: Defendant's motion for summary judgment shall be due by October 5, 2018; Plaintiff's combined opposition and cross-motion for summary judgment shall be due by October 26, 2018; and Defendant's opposition and reply shall be due by November 9, 2018. Any further motions for extensions of time will be looked upon with disfavor. Signed by Judge Christopher R. Cooper on 8/31/2018. (lccrc2) Modified on 11/13/2018 (zlsj). (Entered: 08/31/2018)
2018-08-31		Set/Reset Deadlines: Summary Judgment motions due by 10/5/2018. Response to Motion for Summary Judgment due by 10/26/2018. Reply to Motion for Summary Judgment due by 11/9/2018. (znbn) (Entered: 08/31/2018)
2018-11-08	19	Joint STATUS REPORT by NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION. (Johnson, Wyneva) (Entered: 11/08/2018)
2018-11-09		MINUTE ORDER: In light of the parties' 19 joint status report, the summary judgment briefing schedule set by the Court in its 8/31/2018 order is hereby vacated. The parties shall file an updated joint status report on or before November 27, 2018. Signed by Judge Christopher R. Cooper on 11/9/2018. (lccrc2) (Entered: 11/09/2018)
2018-11-13		Set/Reset Deadlines: Joint Status Report due by 11/27/2018 (lsj) (Entered: 11/13/2018)
2018-11-26	20	Joint STATUS REPORT by AQUALLIANCE. (Attachments: # 1 Text of Proposed Order)(Kenna, Matt) (Entered: 11/26/2018)
2018-11-28		MINUTE ORDER: In light of the parties' joint status report, the Court adopts the following briefing schedule for the motion for litigation costs and attorneys' fees: Plaintiff's motion shall be due on or before January 14, 2019; Defendant's response shall be due on or before February 13, 2019; and Plaintiff's reply shall be due on or before February 27, 2019. Signed by Judge Christopher R. Cooper on 11/28/2018. (lccrc2) (Entered: 11/28/2018)
2018-11-29		Set/Reset Deadlines: Motions due by 1/14/2019. Response to Motion due by 2/13/2019. Reply due by 2/27/2019. (lsj) (Entered: 11/29/2018)
2019-01-14	21	MOTION for Attorney Fees and Costs by AQUALLIANCE (Attachments: # 1 Declaration of Barbara Vlamis, # 2 Declaration of Matt Kenna with Exhibits, # 3 Declaration of Rachel Doughty with Exhibits, # 4 Text of Proposed Order)(Kenna, Matt) (Entered: 01/14/2019)
2019-02-12	22	Consent MOTION for Extension of Time to File a Response to Plaintiff's Motion for Attorney Fees and Costs, by NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION (Attachments: # 1 Text of Proposed Order)(Johnson, Wyneva) (Entered: 02/12/2019)
2019-02-13		MINUTE ORDER granting 22 Motion for Extension of Time to Respond to Plaintiff's Motion for Attorneys' Fees. Defendant's response is due on or before March 14, 2019, and Plaintiff's reply is due on or before April 15, 2019. Signed by Judge Christopher R. Cooper on 2/13/2019. (lccrc2) (Entered: 02/13/2019)
2019-02-14		Set/Reset Deadlines: Responses due by 3/14/2019. Replies due by 4/15/2019. (lsj) (Entered: 02/14/2019)
2019-03-14	23	Consent MOTION for Extension of Time to file a response to Plaintiff's Motion for Attorney Fees and Costs by NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION (Attachments: # 1 Text of Proposed Order)(Johnson, Wyneva) (Entered: 03/14/2019)
2019-03-15		MINUTE ORDER granting 23 Defendant's Motion for Extension of Time to File Response to Plaintiff's Motion for Attorneys' Fees. The response shall now be due on or before March 18, 2019. Plaintiff's reply shall now be due on or before April 18, 2019. Signed by Judge Christopher R. Cooper on 3/15/2019. (lccrc2) (Entered: 03/15/2019)
2019-03-15		Set/Reset Deadlines: Responses due by 3/18/2019 Replies due by 4/18/2019. (lsj) (Entered: 03/15/2019)
2019-03-18	24	RESPONSE re 21 MOTION for Attorney Fees and Costs filed by NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION. (Attachments: # 1 Declaration of S.\, Martin, # 2 Exhibit 1 of Martin Decl., # 3 Exhibit 2 of Martin Decl., # 4 Exhibit 3 of Martin Decl., # 5 Exhibit 4 of Martin Decl., # 6 Exhibit 5 of Martin Decl., # 7 Exhibit 6 of Martin Decl., # 8 Exhibit 7 of Martin Decl., # 9 Exhibit 8 of Martin Decl., # 10 Exhibit 9 of Martin Decl., # 11 Exhibit 10 of Martin Decl., # 12 Exhibit 11 of Martin Decl.)(Johnson, Wyneva) (Entered: 03/18/2019)
2019-03-19	25	ERRATA by NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION. (Attachments: # 1 Memorandum in Support, # 2 Declaration of S. Martin, # 3 Exhibit 1 of Martin Decl., # 4 Exhibit 2 of Martin Decl., # 5 Exhibit 3 of Martin Decl., # 6 Exhibit 4 of Martin Decl., # 7 Exhibit 5 of Martin Decl., # 8 Exhibit 6 of Martin Decl., # 9 Exhibit 7 of Martin Decl., # 10 Exhibit 8 of Martin Decl., # 11 Exhibit 9 of Martin Decl., # 12 Exhibit 10 of Martin Decl., # 13 Exhibit 11 of Martin Decl., # 14 Exhibit 12 of Martin Decl., # 15 Exhibit 13 of Martin Decl., # 16 Exhibit 14 of Martin Decl.)(Johnson, Wyneva) (Entered: 03/19/2019)
2019-04-10	26	ERRATA by AQUALLIANCE 21 MOTION for Attorney Fees and Costs filed by AQUALLIANCE. (Attachments: # 1 Corrected Document re ECF # 21)(Kenna, Matt) (Entered: 04/10/2019)
2019-04-10	27	REPLY to opposition to motion re 21 MOTION for Attorney Fees and Costs filed by AQUALLIANCE. (Attachments: # 1 Declaration of Matt Kenna, Second)(Kenna, Matt) (Entered: 04/10/2019)
2019-06-12	28	ORDER denying 21 Motion for Attorney Fees. A separate Memorandum Opinion will accompany this Order. Signed by Judge Christopher R. Cooper on 6/12/2019. (lccrc2) (Entered: 06/12/2019)
2019-06-12	29	MEMORANDUM OPINION re 28 Order denying Plaintiff's Motion for Attorney Fees. Signed by Judge Christopher R. Cooper on 6/12/2019. (lccrc2) (Entered: 06/12/2019)
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