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Case TitleRICHARDSON BAY ENVIRONMENTAL PROTECTION ASSOCIATION v. FEDERAL AVIATION ADMINISTRATION
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2021cv00613
Date Filed2021-03-08
Date ClosedOpen
JudgeJudge Amit P. Mehta
PlaintiffRICHARDSON BAY ENVIRONMENTAL PROTECTION ASSOCIATION
Case DescriptionThe Richardson Bay Environmental Protection Association submitted a FOIA request to the Federal Aviation Administration for records concerning two 2018 letters sent to the agency by the Edgcomb Law Group referencing FAA registration violations by aircraft flown by Seaplane Adventures. The agency acknowledged receipt of the request. The agency denied the request. RBEPA filed an administrative appeal. After hearing nothing further from the agency, RBEPA filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Attorney's fees

DefendantFEDERAL AVIATION ADMINISTRATION
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Opinion/Order [24]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2021-03-081COMPLAINT against FEDERAL AVIATION ADMINISTRATION ( Filing fee $ 402 receipt number ADCDC-8286251) filed by RICHARDSON BAY ENVIRONMENTAL PROTECTION ASSOCIATION. (Attachments: # 1 Civil Cover Sheet, # 2 Summons)(Stotter, Daniel) (Entered: 03/08/2021)
2021-03-08Case Assigned to Judge Amit P. Mehta. (adh, ) (Entered: 03/08/2021)
2021-03-082SUMMONS (3) Issued Electronically as to FEDERAL AVIATION ADMINISTRATION, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(adh, ) (Entered: 03/08/2021)
2021-04-273ANSWER to Complaint by FEDERAL AVIATION ADMINISTRATION.(McBride, Patricia) (Entered: 04/27/2021)
2021-04-294ORDER. Both a Complaint and an Answer are now before the court in this FOIA case. It is hereby ordered that the parties shall meet and confer and file a Joint Status Report on or before May 12, 2021. The Joint Status Report shall include (1) the status of Plaintiff's FOIA request; (2) the anticipated number of documents responsive to Plaintiff's FOIA request; (3) the anticipated date(s) for release of the documents requested by Plaintiff; (4) whether a motion for stay is likely under Open America v. Watergate Special Prosecution Force, 547 F.2d 605 (D.C. Cir. 1976); and (5) whether the parties anticipate summary judgment briefing and, if so, a proposed briefing schedule. See the attached Order for additional details. Signed by Judge Amit P. Mehta on 4/29/2021. (lcapm2) (Entered: 04/29/2021)
2021-05-115Joint STATUS REPORT by FEDERAL AVIATION ADMINISTRATION. (McBride, Patricia) (Entered: 05/11/2021)
2021-05-12MINUTE ORDER. The parties shall file an additional Joint Status Report by June 23, 2021, which updates the court on the processing and production of responsive records. Signed by Judge Amit P. Mehta on 5/12/2021. (lcapm2) (Entered: 05/12/2021)
2021-06-236ENTERED IN ERROR.....Joint STATUS REPORT by FEDERAL AVIATION ADMINISTRATION. (McBride, Patricia) Modified on 6/24/2021 (eg). (Entered: 06/23/2021)
2021-06-24NOTICE OF CORRECTED DOCKET ENTRY: re 6 Status Report was entered in error and counsel was instructed to refile said pleading with correct case number. (eg) (Entered: 06/24/2021)
2021-06-247Joint STATUS REPORT by FEDERAL AVIATION ADMINISTRATION. (McBride, Patricia) (Entered: 06/24/2021)
2021-06-24MINUTE ORDER. The parties shall file an additional Joint Status Report by August 4, 2021, which updates the court on the processing and production of responsive records. Signed by Judge Amit P. Mehta on 6/24/2021. (lcapm2) (Entered: 06/24/2021)
2021-08-048ENTERED IN ERROR.....Joint STATUS REPORT & Proposed Order by RICHARDSON BAY ENVIRONMENTAL PROTECTION ASSOCIATION. (Stotter, Daniel) Modified on 8/4/2021 (zeg). (Entered: 08/04/2021)
2021-08-04NOTICE OF CORRECTED DOCKET ENTRY: re 8 Status Report was entered in error and counsel was instructed to refile said pleading with correct case number. (eg) (Entered: 08/04/2021)
2021-08-049Joint STATUS REPORT & Proposed Order (Corrected) by RICHARDSON BAY ENVIRONMENTAL PROTECTION ASSOCIATION. (Stotter, Daniel) (Entered: 08/04/2021)
2021-08-04MINUTE ORDER. The parties shall file an additional Joint Status Report by September 29, 2021, which updates the court on the processing and production of responsive records. Signed by Judge Amit P. Mehta on 8/4/2021. (lcapm2) (Entered: 08/04/2021)
2021-09-2910Joint STATUS REPORT by FEDERAL AVIATION ADMINISTRATION. (McBride, Patricia) (Entered: 09/29/2021)
2021-10-06MINUTE ORDER. The parties shall file an additional Joint Status Report by December 2, 2021, which proposes a schedule for further proceedings to resolve any outstanding disputes. Signed by Judge Amit P. Mehta on 10/6/2021. (lcapm2) (Entered: 10/06/2021)
2021-12-0211Joint STATUS REPORT by FEDERAL AVIATION ADMINISTRATION. (McBride, Patricia) (Entered: 12/02/2021)
2021-12-06MINUTE ORDER entering the briefing schedule proposed by Defendant in the parties' 11 Joint Status Report. The schedule for further proceedings in this matter is as follows: (1) Defendant shall file its motion for summary judgment on or before February 28, 2022; (2) Plaintiff shall files its combined opposition and cross-motion on or before March 28, 2022; (3) Defendant shall file its combined opposition and reply on or before April 27, 2022; and (4) Plaintiff shall file its reply on or before May 20, 2022. Signed by Judge Amit P. Mehta on 12/6/2021. (lcapm2) (Entered: 12/06/2021)
2022-02-2412Unopposed MOTION for Extension of Time to File Motion for Summary Judgment by FEDERAL AVIATION ADMINISTRATION. (McBride, Patricia) (Entered: 02/24/2022)
2022-02-24MINUTE ORDER granting 12 Defendant's Unopposed Motion to Extend. Defendant's motion for summary judgment is now due March 28, 2022; Plaintiff's combined opposition and cross-motion is due May 16, 2022; Defendant's combined opposition and reply is due June 17, 2022; and Plaintiff's reply is due July 13, 2022. Signed by Judge Amit P. Mehta on 2/24/2022. (lcapm2) (Entered: 02/24/2022)
2022-03-04NOTICE OF ERROR re 12 Motion for Extension of Time to File; emailed to patricia.mcbride@usdoj.gov, cc'd 6 associated attorneys -- The PDF file you docketed contained errors: 1. Incorrect header/caption/case number, 2. FYI: DO NOT REFILE. Please make sure to have correct case number on pleadings. (zeg, ) (Entered: 03/04/2022)
2022-03-2813MOTION for Summary Judgment by FEDERAL AVIATION ADMINISTRATION. (Attachments: # 1 Declaration, # 2 Declaration Vaughn Index, # 3 Exhibit 1, # 4 Exhibit 2, # 5 Exhibit 3, # 6 Exhibit 4, # 7 Exhibit 5, # 8 Exhibit 6, # 9 Exhibit 7, # 10 Exhibit 8, # 11 Exhibit 9, # 12 Exhibit 10)(McBride, Patricia) (Entered: 03/28/2022)
2022-05-1614MOTION for Summary Judgment by RICHARDSON BAY ENVIRONMENTAL PROTECTION ASSOCIATION. (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Declaration William Schneider, # 4 Declaration Van Swearingen, # 5 Text of Proposed Order)(Stotter, Daniel) (Entered: 05/16/2022)
2022-05-1615Memorandum in opposition to re 13 MOTION for Summary Judgment filed by RICHARDSON BAY ENVIRONMENTAL PROTECTION ASSOCIATION. (Attachments: # 1 Statement of Facts, # 2 Declaration William Schneider, # 3 Declaration Van Swearingen, # 4 Text of Proposed Order)(Stotter, Daniel) Modified docket event/text on 5/18/2022 (zeg). (Entered: 05/16/2022)
2022-06-1016ENTERED IN ERROR.....Unopposed MOTION for Extension of Time to File Response/Reply by FEDERAL AVIATION ADMINISTRATION. (McBride, Patricia) Modified on 6/10/2022 (zeg). (Entered: 06/10/2022)
2022-06-10NOTICE OF ERROR regarding 16 Unopposed MOTION for Extension of Time to File Response/Reply . The following error(s) need correction: Incorrect court header/case caption/case number. Please refile. (zeg) (Entered: 06/10/2022)
2022-06-1017Unopposed Motion to Extend by FEDERAL AVIATION ADMINISTRATION re 16 Unopposed MOTION for Extension of Time to File Response/Reply filed by FEDERAL AVIATION ADMINISTRATION. (McBride, Patricia) Modified docket event/text on 6/14/2022 (zeg). (Entered: 06/10/2022)
2022-06-1318ORDER granting 17 Defendant's Unopposed Motion to Extend. Defendant shall file its combined opposition and reply on or before July 17, 2022. Plaintiff shall file its reply on or before August 26, 2022. See attached Order for details. Signed by Judge Amit P. Mehta on 6/13/2022. (lcapm2) (Entered: 06/13/2022)
2022-07-1519Unopposed MOTION for Extension of Time to File Response/Reply by FEDERAL AVIATION ADMINISTRATION. (McBride, Patricia) (Entered: 07/15/2022)
2022-07-17MINUTE ORDER granting 19 Defendant's Unopposed Motion to Extend. Defendant shall file its combined opposition and reply on July 18, 2022. Signed by Judge Amit P. Mehta on 7/17/2022. (lcapm2) (Entered: 07/17/2022)
2022-07-1820Unopposed MOTION for Extension of Time to File Response/Reply by FEDERAL AVIATION ADMINISTRATION. (McBride, Patricia) (Entered: 07/18/2022)
2022-07-19MINUTE ORDER granting 20 Defendant's Unopposed Motion to Extend. Defendant shall file its combined opposition and reply on July 19, 2022. Signed by Judge Amit P. Mehta on 7/19/2022. (lcapm2) (Entered: 07/19/2022)
2022-07-1921REPLY to opposition to motion re 13 MOTION for Summary Judgment filed by FEDERAL AVIATION ADMINISTRATION. (Attachments: # 1 Exhibit Second Toaso Decl and Exhibits)(McBride, Patricia) Modified on 7/20/2022 to add docket relationship (zed). (Entered: 07/19/2022)
2022-07-20NOTICE OF ERROR re 21 Reply to opposition to Motion; emailed to patricia.mcbride@usdoj.gov, cc'd 6 associated attorneys -- The PDF file you docketed contained errors: 1. Please note the following deficiency and file/refile document as instructed , 2. Two-part document; second docket entry is required, 3. FYI: Please file opposition. (zed, ) (Entered: 07/20/2022)
2022-07-2222Memorandum in opposition to re 14 MOTION for Summary Judgment filed by FEDERAL AVIATION ADMINISTRATION. (McBride, Patricia) (Entered: 07/22/2022)
2022-08-2623REPLY to opposition to motion re 14 MOTION for Summary Judgment filed by RICHARDSON BAY ENVIRONMENTAL PROTECTION ASSOCIATION. (Attachments: # 1 Declaration Second Declaration Swearingen, # 2 Declaration Second Declaration Schneider)(Stotter, Daniel) Modified on 8/30/2022 to add docket relationship (zed). (Entered: 08/26/2022)
2023-03-1724MEMORANDUM OPINION AND ORDER. Defendant's 13 Motion for Summary Judgment is granted in part, and Plaintiff's 14 Motion for Summary Judgment is denied in full. Defendant may submit a supplemental declaration by April 18, 2023, and renew its motion for summary judgment on the two issues on which the court did not enter judgment in its favor. Please see attached Memorandum Opinion and Order for additional details. Signed by Judge Amit P. Mehta on 3/17/2023. (lcapm2) (Entered: 03/17/2023)
2023-04-1425Unopposed MOTION for Extension of Time to File by FEDERAL AVIATION ADMINISTRATION. (McBride, Patricia) (Entered: 04/14/2023)
2023-04-14MINUTE ORDER granting Defendant's 25 Unopposed Motion to Extend. Defendant's renewed motion for summary judgment shall be due on or before May 18, 2023. Signed by Judge Amit P. Mehta on 4/14/2023. (lcapm2) (Entered: 04/14/2023)
2023-04-14Set/Reset Deadlines: Summary Judgment motion due by 5/18/2023. (smc) (Entered: 04/17/2023)
2023-05-0826Joint MOTION to Stay by FEDERAL AVIATION ADMINISTRATION. (McBride, Patricia) (Entered: 05/08/2023)
2023-05-09MINUTE ORDER granting Joint Motion to Stay Briefing Schedule. The briefing schedule is hereby stayed. The parties shall file a Joint Status Report by June 5, 2023, which updates the court on settlement, unless a stipulation of dismissal is filed by that date. Signed by Judge Amit P. Mehta on 5/9/2023. (lcapm2) (Entered: 05/09/2023)
2023-06-0227Joint STATUS REPORT by FEDERAL AVIATION ADMINISTRATION. (McBride, Patricia) (Entered: 06/02/2023)
2023-06-06MINUTE ORDER. Defendant shall file its supplemental declaration and renewed motion for summary judgment by July 12, 2023; Plaintiff shall file its opposition by August 18, 2023; and Defendant shall file its reply by September 14, 2023. Signed by Judge Amit P. Mehta on 6/6/2023. (lcapm2) (Entered: 06/06/2023)
2023-07-1228MOTION for Summary Judgment by FEDERAL AVIATION ADMINISTRATION. (Attachments: # 1 Declaration)(McBride, Patricia) (Entered: 07/12/2023)
2023-08-1529Joint STATUS REPORT and Proposed Order by RICHARDSON BAY ENVIRONMENTAL PROTECTION ASSOCIATION. (Stotter, Daniel) (Entered: 08/15/2023)
2023-08-15MINUTE ORDER. Plaintiff's motion for attorney's fees shall be filed by October 6, 2023; Defendant's opposition shall be filed by November 16, 2023; and Plaintiff's reply in support of its motion shall be filed by December 15, 2023. Signed by Judge Amit P. Mehta on 08/15/2023. (lcapm2) (Entered: 08/15/2023)
2023-08-15Set/Reset Deadlines: Motions due by 10/6/2023. Responses due by 11/16/2023. Replies due by 12/15/2023. (zjch, ) (Entered: 08/16/2023)
2023-08-1630NOTICE Of No Objection To Defendant FAA's Renewed Motion for Summary Judgment by RICHARDSON BAY ENVIRONMENTAL PROTECTION ASSOCIATION re 28 Motion for Summary Judgment (Stotter, Daniel) (Entered: 08/16/2023)
2023-08-17MINUTE ORDER granting 28 Defendant's Renewed Motion for Summary Judgment. Because Plaintiff "has no objections to the Renewed Motion for Summary Judgment," ECF No. 30, the court grants Defendant's renewed motion and enters judgment in favor of Defendant. Signed by Judge Amit P. Mehta on 08/17/2023. (lcapm2) (Entered: 08/17/2023)
2023-09-2731Consent MOTION to Modify Fee Motion Briefing Schedule by RICHARDSON BAY ENVIRONMENTAL PROTECTION ASSOCIATION. (Attachments: # 1 Text of Proposed Order)(Stotter, Daniel) (Entered: 09/27/2023)
2023-09-28MINUTE ORDER granting Plaintiff's 31 Consent Motion to Modify Briefing Schedule. Plaintiff RBEPA's revised fee motion deadline is reset to October 30, 2023, Defendant FAA's opposition to fee motion is reset to December 15, 2023, and Plaintiff RBEPA's fee motion reply is reset to January 12, 2024. Signed by Judge Amit P. Mehta on 9/28/23. (lcapm2) (Entered: 09/28/2023)
2023-10-3032MOTION for Attorney Fees & Costs by RICHARDSON BAY ENVIRONMENTAL PROTECTION ASSOCIATION. (Attachments: # 1 Memorandum in Support, # 2 Declaration of Daniel Stotter & Exhibits, # 3 Declaration of Van Swearingen & Exhibits, # 4 Text of Proposed Order)(Stotter, Daniel) (Entered: 10/30/2023)
2023-12-1233Unopposed MOTION for Extension of Time to File Response/Reply by FEDERAL AVIATION ADMINISTRATION. (McBride, Patricia) (Entered: 12/12/2023)
2023-12-13MINUTE ORDER granting Defendant's 33 Unopposed Motion to Extend. Defendant's opposition to Plaintiff's motion for attorneys' fees shall be due by January 31, 2024, and Plaintiff's reply in support of its motion shall be due by March 1, 2024. Signed by Judge Amit P. Mehta on 12/13/23. (lcapm2) (Entered: 12/13/2023)
2024-01-2534Consent MOTION for Extension of Time to File Response/Reply by FEDERAL AVIATION ADMINISTRATION. (McBride, Patricia) (Entered: 01/25/2024)
2024-01-26MINUTE ORDER granting Defendant's 34 Consent Motion to Extend. Defendant's opposition to Plaintiff's motion for attorneys' fees shall be due by February 15, 2024, and Plaintiff's reply in support of its motion shall be due by March 22, 2024. Signed by Judge Amit P. Mehta on 1/26/24. (lcapm2) (Entered: 01/26/2024)
2024-02-1435Consent MOTION for Extension of Time to File by FEDERAL AVIATION ADMINISTRATION. (McBride, Patricia) (Entered: 02/14/2024)
2024-02-15MINUTE ORDER granting Defendant's 35 Consent Motion to Extend. Defendant's opposition to Plaintiff's motion for attorney's fees shall be due on or before February 16, 2024. Signed by Judge Amit P. Mehta on 2/15/24. (lcapm2) (Entered: 02/15/2024)
2024-02-1536MOTION for Extension of Time to File by FEDERAL AVIATION ADMINISTRATION. (McBride, Patricia) (Entered: 02/15/2024)
2024-02-1537ERRATA CORRECTING TO CONSENT MTE by FEDERAL AVIATION ADMINISTRATION re 36 Motion for Extension of Time to File. (McBride, Patricia) (Entered: 02/15/2024)
2024-02-17MINUTE ORDER granting Defendant's 36 Consent Motion to Extend. Defendant's opposition to Plaintiff's motion for attorney's fees shall be due on or before February 21, 2024. Plaintiff's reply shall by due on or before March 29, 2024. Signed by Judge Amit P. Mehta on 2/17/24. (lcapm2) (Entered: 02/17/2024)
2024-02-20Set/Reset Deadlines: Defendant's opposition to Plaintiff's motion for attorney's fees shall be due on or before February 21, 2024. Plaintiff's reply shall by due on or before March 29, 2024. (smc) (Entered: 02/20/2024)
2024-02-2138Memorandum in opposition to re 32 Motion for Attorney Fees, filed by FEDERAL AVIATION ADMINISTRATION. (McBride, Patricia) (Entered: 02/21/2024)
2024-03-2939REPLY to opposition to motion re 32 MOTION for Attorney Fees & Costs filed by RICHARDSON BAY ENVIRONMENTAL PROTECTION ASSOCIATION. (Attachments: # 1 Declaration of Daniel J. Stotter & Ex. A)(Stotter, Daniel) (Entered: 03/29/2024)
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