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Case TitleCENTER FOR BIOLOGICAL DIVERSITY v. NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2019cv01302
Date Filed2019-05-06
Date Closed2021-03-18
JudgeJudge Rudolph Contreras
PlaintiffCENTER FOR BIOLOGICAL DIVERSITY
Case DescriptionThe Center for Biological Diversity submitted a FOIA request to the National Oceanic and Atmospheric Administration for records concerning communications of NOAA's Chief of Staff Stuart Levenbach. CBD also requested a fee waiver. The agency acknowledged receipt of the request. The agency denied CBD's fee waiver request and told CBD that fees for processing the request would be $56. CBD agreed to pay $25 under protest. However, after CBD agreed to limit the scope of its request, the agency granted their fee waiver request for the amended request. CBD submitted a second FOIA request for Levenbach's communications that extended the date to the present. CBD also requested a fee waiver. The agency again told CBD that it would grant its request for a fee waiver if it would limit the scope of its request to email records ending in a noaa.gov address. CBD agreed to those terms. However, after hearing nothing further from the agency pertaining to either request, CBD filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Attorney's fees

DefendantNATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION
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

2019-05-061COMPLAINT against NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION ( Filing fee $ 400 receipt number 0090-6104752) filed by CENTER FOR BIOLOGICAL DIVERSITY. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Declaration Rule 26 Certificate)(Snape, William) (Attachment 1 replaced on 5/7/2019) (zef, ). (Entered: 05/06/2019)
2019-05-062LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by CENTER FOR BIOLOGICAL DIVERSITY. (zef, ) (Entered: 05/07/2019)
2019-05-07Case Assigned to Judge Rudolph Contreras. (zef, ) (Entered: 05/07/2019)
2019-05-073SUMMONS (3) Issued Electronically as to NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION, U.S. Attorney and U.S. Attorney General. (Attachments: # 1 Notice and Consent)(zef, ) (Entered: 05/07/2019)
2019-05-074NOTICE of Appearance by Paulo Antonio Lopes on behalf of CENTER FOR BIOLOGICAL DIVERSITY (Lopes, Paulo) (Entered: 05/07/2019)
2019-06-075RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 5/14/2019. ( Answer due for ALL FEDERAL DEFENDANTS by 6/13/2019.), RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 5/14/2019., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION served on 5/10/2019 (Attachments: # 1 Certificate of Service Attachment A)(Lopes, Paulo) (Entered: 06/07/2019)
2019-07-016NOTICE of Appearance by Brian J. Field on behalf of All Defendants (Field, Brian) (Entered: 07/01/2019)
2019-07-017Consent MOTION for Extension of Time to File Answer re 1 Complaint, by NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION (Field, Brian) (Entered: 07/01/2019)
2019-07-01MINUTE ORDER granting 7 motion for extension of time: it is hereby ORDERED that Defendant shall have up to and including July 24, 2019 to file an answer or otherwise respond to Plaintiff's complaint. SO ORDERED. Signed by Judge Rudolph Contreras on 7/1/19. (lcrc1) (Entered: 07/01/2019)
2019-07-01Set/Reset Deadlines: Answer due by 7/24/2019. (tj) (Entered: 07/01/2019)
2019-07-168NOTICE of Appearance by Joshua L. Rogers on behalf of All Defendants (Rogers, Joshua) (Entered: 07/16/2019)
2019-07-239ERRATA by NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION. (Rogers, Joshua) (Entered: 07/23/2019)
2019-07-2310Unopposed MOTION for Extension of Time to File Answer by NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION (Attachments: # 1 Text of Proposed Order)(Rogers, Joshua) (Entered: 07/23/2019)
2019-07-24MINUTE ORDER granting 10 motion for extension of time: it is hereby ORDERED that Defendant shall have up to and including August 23, 2019 to file its answer or other response to Plaintiff's complaint. SO ORDERED. Signed by Judge Rudolph Contreras on 7/24/19. (lcrc1) (Entered: 07/24/2019)
2019-07-24Set/Reset Deadlines: Answer due by 8/23/2019. (tj) (Entered: 07/24/2019)
2019-08-2311ANSWER to Complaint by NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION.(Rogers, Joshua) (Entered: 08/23/2019)
2019-08-26MINUTE ORDER: It is hereby ORDERED that the parties shall meet, confer, and jointly submit a proposed briefing schedule on or before September 9, 2019. SO ORDERED. Signed by Judge Rudolph Contreras on 8/26/19. (lcrc1) (Entered: 08/26/2019)
2019-08-26Set/Reset Deadlines: Proposed Briefing Schedule due by 9/9/2019 (tj) (Entered: 08/26/2019)
2019-09-0612Joint STATUS REPORT by NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION. (Rogers, Joshua) (Entered: 09/06/2019)
2019-09-06MINUTE ORDER adopting the parties' proposal in 12 their joint status report: It is hereby ORDERED that the parties shall submit another joint status report on or before October 9, 2019, unless by that time the parties have submitted a joint stipulation of dismissal. SO ORDERED. Signed by Judge Rudolph Contreras on 09/06/2019. (lcrc1) (Entered: 09/06/2019)
2019-09-09Set/Reset Deadlines: Joint Status Report due by 10/9/2019. (zkh) (Entered: 09/09/2019)
2019-10-0913Joint STATUS REPORT by NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION. (Rogers, Joshua) (Entered: 10/09/2019)
2019-10-10MINUTE ORDER: Upon consideration of 13 the parties' Joint Status Report, it is hereby ORDERED that the parties shall file another joint status report on or before November 8, 2019. SO ORDERED. Signed by Judge Rudolph Contreras on 10/10/2019. (lcrc1) (Entered: 10/10/2019)
2019-11-0814Joint STATUS REPORT by NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION. (Rogers, Joshua) (Entered: 11/08/2019)
2019-11-12MINUTE ORDER: Upon consideration of 14 the parties' joint status report, it is hereby ORDERED that the parties shall file another joint status report on or before December 8, 2019. SO ORDERED. Signed by Judge Rudolph Contreras on 11/12/19. (lcrc1) (Entered: 11/12/2019)
2019-12-0615Joint STATUS REPORT by NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION. (Chang, William) (Entered: 12/06/2019)
2019-12-0616NOTICE OF SUBSTITUTION OF COUNSEL by William J. Chang on behalf of NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION Substituting for attorney JOSHUA ROGERS (Chang, William) (Entered: 12/06/2019)
2019-12-06MINUTE ORDER: Upon consideration of 15 the parties' joint status report, it is hereby ORDERED that the parties shall file another joint status report on or before January 22, 2020. SO ORDERED. Signed by Judge Rudolph Contreras on 12/6/2019. (lcrc1) (Entered: 12/06/2019)
2019-12-10Set/Reset Deadlines: Status Report due by 1/22/2020 (tj) (Entered: 12/10/2019)
2020-01-2217Joint STATUS REPORT by NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION. (Chang, William) (Entered: 01/22/2020)
2020-01-22MINUTE ORDER: Upon consideration of 17 the parties' joint status report, it is hereby ORDERED that the parties shall file another joint status report on or before March 22, 2020. SO ORDERED. Signed by Judge Rudolph Contreras on 1/22/2020. (lcrc1) (Entered: 01/22/2020)
2020-01-29Set/Reset Deadlines: Status Report due by 3/22/2020. (tj) (Entered: 01/29/2020)
2020-03-2318Joint STATUS REPORT by NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION. (Chang, William) (Entered: 03/23/2020)
2020-03-23MINUTE ORDER: Upon consideration of 18 the parties' joint status report, it is hereby ORDERED that the parties shall file another joint status report on or before June 29, 2020. SO ORDERED. Signed by Judge Rudolph Contreras on 3/23/2020. (lcrc1) (Entered: 03/23/2020)
2020-03-24Set/Reset Deadlines: Status Report due by 6/29/2020. (tj) (Entered: 03/24/2020)
2020-06-2919Joint STATUS REPORT by NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION. (Chang, William) (Entered: 06/29/2020)
2020-06-29MINUTE ORDER: Upon consideration of 19 the parties' joint status report, it is hereby ORDERED that the parties shall file another joint status report on or before August 31, 2020. SO ORDERED. Signed by Judge Rudolph Contreras on 6/29/2020. (lcrc1) (Entered: 06/29/2020)
2020-06-30Set/Reset Deadlines: Status Report due by 8/31/2020. (tj) (Entered: 06/30/2020)
2020-08-3120Joint STATUS REPORT by NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION. (Chang, William) (Entered: 08/31/2020)
2020-08-31MINUTE ORDER: Upon consideration of 20 the parties' joint status report, it is hereby ORDERED that the parties shall file another joint status report on or before September 30, 2020. SO ORDERED. Signed by Judge Rudolph Contreras on 8/31/2020. (lcrc1) (Entered: 08/31/2020)
2020-08-31Set/Reset Deadlines: Status Report due by 9/30/2020. (tj) (Entered: 08/31/2020)
2020-09-2121NOTICE OF SUBSTITUTION OF COUNSEL by Brenda A Gonzalez on behalf of NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION Substituting for attorney William Chang (Gonzalez, Brenda) (Entered: 09/21/2020)
2020-09-3022Joint STATUS REPORT by NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION. (Gonzalez Horowitz, Brenda) (Entered: 09/30/2020)
2020-09-30MINUTE ORDER: Upon consideration of 22 the parties' joint status report, it is hereby ORDERED that the parties shall file another joint status report on or before October 30, 2020. SO ORDERED. Signed by Judge Rudolph Contreras on 09/30/2020. (lcrc1) (Entered: 09/30/2020)
2020-10-01Set/Reset Deadlines: Status Report due by 10/30/2020. (tj) (Entered: 10/01/2020)
2020-10-3023Joint STATUS REPORT by NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION. (Gonzalez-Horowitz, Brenda) (Entered: 10/30/2020)
2020-10-30MINUTE ORDER: Upon consideration of 23 the parties' joint status report, it is hereby ORDERED that the parties shall file another joint status report on or before November 30, 2020. SO ORDERED. Signed by Judge Rudolph Contreras on 10/30/2020. (lcrc1) (Entered: 10/30/2020)
2020-11-02Set/Reset Deadlines: Status Report due by 11/30/2020. (tj) (Entered: 11/02/2020)
2020-11-2524Joint STATUS REPORT by NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION. (Gonzalez-Horowitz, Brenda) (Entered: 11/25/2020)
2020-11-25MINUTE ORDER: Upon consideration of 24 the parties' joint status report, it is hereby ORDERED that the parties shall file either a stipulation of dismissal or another joint status report on or before December 31, 2020. SO ORDERED. Signed by Judge Rudolph Contreras on 11/25/2020. (lcrc1) (Entered: 11/25/2020)
2020-12-04Set/Reset Deadlines: Status Report due by 12/31/2020. (tj) (Entered: 12/04/2020)
2020-12-3125Joint STATUS REPORT by NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION. (Gonzalez-Horowitz, Brenda) (Entered: 12/31/2020)
2020-12-31MINUTE ORDER: Upon consideration of 25 the parties' joint status report, it is hereby ORDERED that the parties shall file either a stipulation of dismissal or another joint status report on or before February 1, 2021. SO ORDERED. Signed by Judge Rudolph Contreras on 12/31/2020. (lcrc1) (Entered: 12/31/2020)
2020-12-31Set/Reset Deadlines: Status Report due by 2/1/2021. (tj) (Entered: 12/31/2020)
2021-01-3126Joint STATUS REPORT by NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION. (Gonzalez-Horowitz, Brenda) (Entered: 01/31/2021)
2021-02-01MINUTE ORDER: Upon consideration of 26 the parties' joint status report, it is hereby ORDERED that the parties shall file either a stipulation of dismissal or another joint status report on or before March 1, 2021. SO ORDERED. Signed by Judge Rudolph Contreras on 2/1/2021. (lcrc1) (Entered: 02/01/2021)
2021-02-01Set/Reset Deadlines: Status Report due by 3/1/2021. (tj) (Entered: 02/01/2021)
2021-03-0127Joint STATUS REPORT by NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION. (Gonzalez-Horowitz, Brenda) (Entered: 03/01/2021)
2021-03-01MINUTE ORDER: Upon consideration of 27 the parties' joint status report, it is hereby ORDERED that the parties shall file either a stipulation of dismissal or another joint status report on or before March 31, 2021. SO ORDERED. Signed by Judge Rudolph Contreras on 3/1/2021. (lcrc1) (Entered: 03/01/2021)
2021-03-1628STIPULATION of Dismissal by NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION. (Attachments: # 1 Settlement Agreement)(Gonzalez-Horowitz, Brenda) (Entered: 03/16/2021)
2021-03-1729STIPULATION OF DISMISSAL. See document for details. Signed by Judge Rudolph Contreras on 3/17/2021. (lcrc1) (Entered: 03/17/2021)
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