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Case TitleCAUSE OF ACTION INSTITUTE v. NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2019cv01927
Date Filed2019-06-27
Date Closed2023-10-05
JudgeJudge Tanya S. Chutkan
PlaintiffCAUSE OF ACTION INSTITUTE
Case DescriptionCause of Action Institute submitted a FOIA request to the National Oceanic and Atmospheric Administration for records concerning an omnibus amendment proposed by the National Marine Fisheries Service that would require fishermen to pay for at-sea monitoring of Atlantic cod. Cause of Action Institute also requested a fee waiver and inclusion in the news media fee category. The agency acknowledged receipt of the request. The agency provided 28 pages as part of its first interim release and eight pages in its second interim disclosure. After hearing nothing further from the agency, Cause of Action Institute filed suit.
Complaint issues: Failure to respond within statutory time limit, 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
Complaint attachment 6
Complaint attachment 7
Complaint attachment 8
Complaint attachment 9
Opinion/Order [41]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2019-06-271COMPLAINT against NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION ( Filing fee $ 400 receipt number 0090-6219248) filed by CAUSE OF ACTION INSTITUTE. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Civil Cover Sheet, # 7 Summons NOAA, # 8 Summons USAG, # 9 Summons USAO-DC)(Mulvey, Ryan) (Entered: 06/27/2019)
2019-06-272LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by CAUSE OF ACTION INSTITUTE (Mulvey, Ryan) (Entered: 06/27/2019)
2019-07-01Case Assigned to Judge Tanya S. Chutkan. (zeg) (Entered: 07/01/2019)
2019-07-013SUMMONS (3) Issued Electronically as to NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(zeg) (Entered: 07/01/2019)
2019-07-024RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION served on 7/2/2019 (Mulvey, Ryan) (Entered: 07/02/2019)
2019-07-025RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 7/2/2019. Answer due for ALL FEDERAL DEFENDANTS by 8/1/2019. (Mulvey, Ryan) (Entered: 07/02/2019)
2019-07-036NOTICE of Appearance by Lee A. Steven on behalf of CAUSE OF ACTION INSTITUTE (Steven, Lee) (Entered: 07/03/2019)
2019-07-087ENTERED IN ERROR.....ERRATA re 5 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 7/3/2019. Answer due for ALL FEDERAL DEFENDANTS by 8/2/2019. (Mulvey, Ryan) Modified event title on 7/11/2019 (znmw). Modified on 7/11/2019 (zrdj). (Entered: 07/08/2019)
2019-07-118RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 7-3-2019. (Mulvey, Ryan) (Entered: 07/11/2019)
2019-07-11NOTICE OF CORRECTED DOCKET ENTRY: re 7 Summons Returned Executed in FOIA as to U.S. Attorney, was entered in error at the request of counsel and counsel was refiled as pleading 8 . (zrdj) (Entered: 07/11/2019)
2019-08-019NOTICE of Appearance by Matthew Evan Kahn on behalf of NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION (Kahn, Matthew) (Entered: 08/01/2019)
2019-08-0110ANSWER to Complaint by NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION.(Kahn, Matthew) (Entered: 08/01/2019)
2019-08-26MINUTE ORDER: Before the Court in this FOIA case are a complaint and an answer. The requirements of LCvR 16.3 and Rule 26(f) of the Federal Rules of Civil procedure appear to be inapplicable. IT IS HEREBY ORDERED that the parties shall meet and confer and propose a schedule for proceeding in this matter. The schedule shall address the status of Plaintiff's FOIA request, the anticipated number of documents responsive to Plaintiff's FOIA request, the anticipated date(s) for release of the documents requested by Plaintiff, whether a motion for an Open America stay is likely in this case, whether a Vaughn index will be required in this case, whether and when either party anticipates filing a dispositive motion, and any other pertinent issues. The parties shall file a joint status report that addresses these issues no later than 10/1/19. The joint status report shall be accompanied by a proposed order. Signed by Judge Tanya S. Chutkan on 8/26/19. (DJS) (Entered: 08/26/2019)
2019-08-28Set/Reset Deadlines: Joint Status Report due by 10/1/2019. (tb) (Entered: 08/28/2019)
2019-09-2711Joint STATUS REPORT by CAUSE OF ACTION INSTITUTE. (Mulvey, Ryan) (Entered: 09/27/2019)
2019-10-17MNUTE ORDER: Having considered the parties' joints status report 11 , it is hereby ordered that the parties shall file another joint report and proposed order by October 22, 2019. Signed by Judge Tanya S. Chutkan on 10/17/19. (DJS) (Entered: 10/17/2019)
2019-10-18Set/Reset Deadlines: Joint Status Report due by 10/22/2019. (tb) (Entered: 10/18/2019)
2019-10-2212NOTICE OF SUBSTITUTION OF COUNSEL by Paul A. Mussenden on behalf of NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION Substituting for attorney Matthew Kahn (Mussenden, Paul) (Entered: 10/22/2019)
2019-10-2213Joint STATUS REPORT by NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION. (Attachments: # 1 Text of Proposed Order)(Mussenden, Paul) (Entered: 10/22/2019)
2019-10-25MINUTE ORDER: Having considered the parties' Joint Status Report 13 , it is hereby ordered that the parties shall file another joint status report and proposed order by November 8, 2019. Signed by Judge Tanya S. Chutkan on 10/25/19. (DJS) (Entered: 10/25/2019)
2019-10-28Set/Reset Deadlines: Joint Status Report due by 11/8/2019. (tb) (Entered: 10/28/2019)
2019-10-3114NOTICE of Change of Address by Lee A. Steven (Steven, Lee) (Entered: 10/31/2019)
2019-11-0715Joint STATUS REPORT by NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION. (Attachments: # 1 Text of Proposed Order)(Mussenden, Paul) (Entered: 11/07/2019)
2019-11-12MINUTE ORDER: Having considered the parties' joint status report 15 , it is hereby ordered that the parties shall file another joint report by January 7, 2020, and every 60 days thereafter. The report shall include a proposed order to the extent the parties propose a briefing schedule. Signed by Judge Tanya S. Chutkan on 11/12/19. (DJS) (Entered: 11/12/2019)
2019-11-14Set/Reset Deadlines: Joint Status Report due by 1/7/2020. (tb) (Entered: 11/14/2019)
2020-01-0716Joint STATUS REPORT by CAUSE OF ACTION INSTITUTE. (Attachments: # 1 Text of Proposed Order)(Mulvey, Ryan) (Entered: 01/07/2020)
2020-01-16MINUTE ORDER: Having considered the parties' joint status report 16 , it is hereby ordered that the parties shall adhere to the following briefing schedule: Defendants' Motion for Summary Judgement due March 6, 2020. Plaintiffs Opposition and any Combined Cross-Motion for Summary Judgment due April 24, 2020. Defendants' Reply and any Combined Opposition to Cross-Motion due May 11, 2020. Plaintiff's Reply, if needed due May 25, 2020. Signed by Judge Tanya S. Chutkan on 1/16/2020. (DJS) (Entered: 01/16/2020)
2020-01-17Set/Reset Deadlines: Cross Motion due by 4/24/2020. Response to Cross Motion due by 5/11/2020. Reply to Cross Motion due by 5/25/2020. Summary Judgment motion due by 3/6/2020. Response to Motion for Summary Judgment due by 4/24/2020. Reply to Motion for Summary Judgment due by 5/11/2020. (tb) (Entered: 01/17/2020)
2020-03-0517Joint MOTION to Vacate Order,, Setting Summary Judgment Briefing Schedule by NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION (Attachments: # 1 Text of Proposed Order)(Mussenden, Paul) (Entered: 03/05/2020)
2020-03-05MINUTE ORDER: Granting 17 Motion to Vacate. The briefing schedule previously entered in this action (see 01/16/2020 Minute Order) is hereby VACATED. The parties shall file a Joint Status Report by May 5, 2020 and every 60 days thereafter. To the extent the report contains a proposed production or briefing schedule, the report shall be accompanied by a proposed order. Signed by Judge Tanya S. Chutkan on 3/5/2020. (DJS) (Entered: 03/05/2020)
2020-05-0518Joint STATUS REPORT by NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION. (Mussenden, Paul) (Entered: 05/05/2020)
2020-07-0619Joint STATUS REPORT by CAUSE OF ACTION INSTITUTE. (Mulvey, Ryan) (Entered: 07/06/2020)
2020-07-1620NOTICE OF SUBSTITUTION OF COUNSEL by Kathleene A. Molen on behalf of NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION Substituting for attorney Paul A Mussenden (Molen, Kathleene) (Entered: 07/16/2020)
2020-07-2021Joint STATUS REPORT by NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION. (Molen, Kathleene) (Entered: 07/20/2020)
2020-08-1422Joint STATUS REPORT by NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION. (Molen, Kathleene) (Entered: 08/14/2020)
2020-09-1723Joint STATUS REPORT by NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION. (Molen, Kathleene) (Entered: 09/17/2020)
2020-09-3024Joint STATUS REPORT by NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION. (Molen, Kathleene) (Entered: 09/30/2020)
2020-10-05MINUTE ORDER: Having considered the parties' joint status report 24 , it is hereby ordered that defendant shall provide a final count of responsive records by 10/20/2020 and shall make its first production of responsive documents by 11/20/20. By 12/4/20 the parties shall meet and confer and by 12/11/20 the parties shall file a joint status report and proposed order. Signed by Judge Tanya S. Chutkan on 10/5/2020. (DJS) (Entered: 10/05/2020)
2020-10-05Set/Reset Deadlines: Joint Status Report due by 12/11/2020. (tb) (Entered: 10/05/2020)
2020-12-1125Joint STATUS REPORT by NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION. (Attachments: # 1 Text of Proposed Order)(Molen, Kathleene) (Entered: 12/11/2020)
2020-12-3026Joint STATUS REPORT by NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION. (Attachments: # 1 Text of Proposed Order)(Molen, Kathleene) (Entered: 12/30/2020)
2021-01-26MINUTE ORDER: Having considered the parties' joint status report 26 , it is hereby ordered that the parties shall file another joint report by 1/29/21 and every 30 days thereafter. To the extent the report contains a proposed production or briefing schedule, the report shall be accompanied by a proposed order. Signed by Judge Tanya S. Chutkan on 1/26/21. (DJS) (Entered: 01/26/2021)
2021-01-26Set/Reset Deadlines: Joint Report due by 1/29/2021. (tb) (Entered: 01/26/2021)
2021-01-2927Joint STATUS REPORT by NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION. (Molen, Kathleene) (Entered: 01/29/2021)
2021-02-0428PROPOSED BRIEFING SCHEDULE by NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION. (Attachments: # 1 Text of Proposed Order)(Molen, Kathleene) (Entered: 02/04/2021)
2021-03-08MINUTE ORDER: Having considered the parties' joint status report it is hereby ordered that the parties shall adhere to he following deadlines: By 3/25/21, defendant shall file its motion for summary judgment. By 4/30/21 plaintiff shall file its combined opposition and cross-motion for summary judgment. By 5/21/21 defendant shall file its combined opposition and reply. By 6/11/21 plaintiff shall file its reply. Signed by Judge Tanya S. Chutkan on 3/8/21. (DJS) Modified event title on 3/8/2021 (znmw). (Entered: 03/08/2021)
2021-03-08Set/Reset Deadlines: Cross Motion due by 4/30/2021. Response to Cross Motion due by 5/21/2021. Reply to Cross Motion due by 6/11/2021. Summary Judgment motion due by 3/25/2021. Response to Motion for Summary Judgment due by 4/30/2021. Reply to Motion for Summary Judgment due by 5/21/2021. (tb) (Entered: 03/08/2021)
2021-03-2529MOTION for Summary Judgment by NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION. (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Declaration Samuel D. Rauch, # 4 Exhibit 1, # 5 Exhibit 2, # 6 Exhibit 3, # 7 Text of Proposed Order)(Molen, Kathleene) (Entered: 03/25/2021)
2021-04-3030Cross MOTION for Summary Judgment by CAUSE OF ACTION INSTITUTE. (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts Pl.'s SUMF, # 3 Statement of Facts Pl.'s Resp. to Def.'s SUMF, # 4 Declaration of Ryan P. Mulvey, # 5 Declaration of Ellen D. Goethel, # 6 Declaration of David T. Goethel, # 7 Text of Proposed Order)(Mulvey, Ryan) (Entered: 04/30/2021)
2021-04-3031Memorandum in opposition to re 29 MOTION for Summary Judgment filed by CAUSE OF ACTION INSTITUTE. (Mulvey, Ryan) (Entered: 04/30/2021)
2021-05-1432Consent MOTION to Modify Briefing Schedule by NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION. (Attachments: # 1 Text of Proposed Order)(Molen, Kathleene) (Entered: 05/14/2021)
2021-05-22MINUTE ORDER: Granting Consent 32 Motion to Modify Deadlines. Defendants will file their combined opposition and reply by 6/4/21. Plaintiff will file its reply by 6/25/21. Signed by Judge Tanya S. Chutkan on 5/22/21. (DJS) (Entered: 05/22/2021)
2021-05-24Set/Reset Deadlines: Response due by 6/4/2021. Reply due by 6/25/2021. (tb) (Entered: 05/24/2021)
2021-06-0433REPLY to opposition to motion re 29 MOTION for Summary Judgment filed by NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION. (Attachments: # 1 Responses to Plaintiff's Statement of Facts, # 2 Declaration Mark H. Graff, # 3 Declaration Thomas A. Nies, # 4 Exhibit A, # 5 Text of Proposed Order)(Molen, Kathleene) (Entered: 06/04/2021)
2021-06-0434Memorandum in opposition to re 30 Cross MOTION for Summary Judgment filed by NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION. (Attachments: # 1 Responses to Plaintiff's Statement of Facts, # 2 Declaration Mark H. Graff, # 3 Declaration Thomas A. Nies, # 4 Exhibit A, # 5 Text of Proposed Order)(Molen, Kathleene) (Entered: 06/04/2021)
2021-06-2535REPLY to opposition to motion re 30 Cross MOTION for Summary Judgment filed by CAUSE OF ACTION INSTITUTE. (Attachments: # 1 Declaration of Kevin M. Schmidt, # 2 Declaration of Ryan P. Mulvey)(Mulvey, Ryan) (Entered: 06/25/2021)
2021-07-2336MOTION for Leave to File Sur-Reply by NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION. (Attachments: # 1 Text of Proposed Order, # 2 Sur-Reply)(Molen, Kathleene) (Entered: 07/23/2021)
2021-07-2337Memorandum in opposition to re 36 MOTION for Leave to File Sur-Reply filed by CAUSE OF ACTION INSTITUTE. (Mulvey, Ryan) (Entered: 07/23/2021)
2021-11-1638NOTICE OF SUBSTITUTION OF COUNSEL by John Cuong Truong on behalf of NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION Substituting for attorney Kathleene A. Molen (Truong, John) (Entered: 11/16/2021)
2022-03-31MINUTE ORDER: Pending before the court is Defendant's 36 Motion for Leave to File Sur-Reply. Because Defendant seeks to address arguments raised for the first time in Plaintiff's 35 Reply, the court GRANTS Defendant's 36 motion. See Ben-Kotel v. Howard Univ., 319 F.3d 532, 536 (D.C. Cir. 2003) ("The district court routinely grants such motions when a party is 'unable to contest matters presented to the court for the first time' in the last scheduled pleading.") (citation omitted). Signed by Judge Tanya S. Chutkan on 03/31/2022. (lcwk) (Entered: 03/31/2022)
2022-03-3139SURREPLY to re 35 Reply to opposition to Motion filed by NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION. (znmw) (Entered: 04/04/2022)
2023-04-2640MOTION for Hearing by CAUSE OF ACTION INSTITUTE. (Attachments: # 1 Text of Proposed Order)(Mulvey, Ryan) (Entered: 04/26/2023)
2023-05-2441MEMORANDUM AND OPINION re: Defendant's 29 Motion for Summary Judgment; Plaintiff's 30 Motion for Summary Judgment; and Plaintiff's 40 Motion for Oral Argument. Signed by Judge Tanya S. Chutkan on 05/24/2023. (lcss) (Entered: 05/24/2023)
2023-05-2442ORDER denying Defendant's 29 Motion for Summary Judgment; granting Plaintiff's 30 Motion for Summary Judgment; and denying as moot Plaintiff's 40 Motion for Hearing. Defendant shall search for and produce all responsive records within 60 days. See Order for details. Signed by Judge Tanya S. Chutkan on 05/24/2023. (lcss) (Entered: 05/24/2023)
2023-07-2443MOTION for Extension of Time to /Regarding Court's May 24th Order by NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION. (Graham-Oliver, Heather) (Entered: 07/24/2023)
2023-07-2444NOTICE of Appearance by Heather D. Graham-Oliver on behalf of NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION (Graham-Oliver, Heather) (Entered: 07/24/2023)
2023-07-2545Memorandum in opposition to re 43 Motion for Extension of Time to filed by CAUSE OF ACTION INSTITUTE. (Attachments: # 1 Declaration of Ryan P. Mulvey)(Mulvey, Ryan) (Entered: 07/25/2023)
2023-07-25MINUTE ORDER: Defendant's 43 Motion for Extension of Time is hereby GRANTED. The court's 42 Order is hereby MODIFIED in that Defendant shall search for and produce all responsive records to Plaintiff by September 7, 2023. Before conducting the search, Defendant shall meet and confer with Plaintiff to jointly decide the appropriate search methodology and terms. The court will view further such requests for extension with disfavor. Signed by Judge Tanya S. Chutkan on 07/25/2023. (lcss) (Entered: 07/25/2023)
2023-10-0246STIPULATION of Dismissal & Notice of Compliance with Court Order by CAUSE OF ACTION INSTITUTE. (Attachments: # 1 Exhibit Ex. A - Sept. 7, 2023 Letter)(Mulvey, Ryan) (Entered: 10/02/2023)
2023-10-04MINUTE ORDER: Upon consideration of the parties' 46 Joint Stipulation of Dismissal, this action is hereby DISMISSED, with prejudice, pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii). Signed by Judge Tanya S. Chutkan on 10/04/2023. (lcd) (Entered: 10/04/2023)
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