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Case TitleWestern Resources Legal Center v. National Oceanic and Atmospheric Administration, et al.
DistrictDistrict of Oregon
CityPortland
Case Number3:2021cv01646
Date Filed2021-11-11
Date Closed2023-10-30
JudgeJudge Michael H. Simon
PlaintiffWestern Resources Legal Center
Case DescriptionThe Western Resources Legal Center submitted FOIA requests to the National Oceanic and Atmospheric Administration and the National Marine Fisheries Service for records concerning the agencies' policies on granting fee waivers. Although FOIAOnline did not appear to be working for a few days, the agency finally acknowledged receipt of the request. The agencies also granted WRLC's request for a fee waiver. After hearing nothing further from the agencies, WRLC filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Attorney's fees

DefendantNational Oceanic and Atmospheric Administration
DefendantNational Marine Fisheries Service
Documents
Docket
Complaint
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2021-11-111Complaint. Filing fee in the amount of $402 collected. Agency Tracking ID: AORDC-8303780 Filer is subject to the requirements of Fed. R. Civ. P. 7.1. Jury Trial Requested: No. Filed by Western Resources Legal Center against National Oceanic and Atmospheric Administration. (Justesen, Tate) (Entered: 11/11/2021)
2021-11-112Civil Cover Sheet regarding Complaint, 1 . Filed by Western Resources Legal Center. (Justesen, Tate) (Entered: 11/11/2021)
2021-11-113Proposed Summons NMFS Filed by Western Resources Legal Center. (Justesen, Tate) (Entered: 11/11/2021)
2021-11-114Proposed Summons NOAA Filed by Western Resources Legal Center. (Justesen, Tate) (Entered: 11/11/2021)
2021-11-115Corporate Disclosure Statement . Filed by Western Resources Legal Center. (Justesen, Tate) (Entered: 11/11/2021)
2021-11-156Notice of Case Assignment to Judge Michael H. Simon and Discovery and Pretrial Scheduling Order. NOTICE: Counsel shall print and serve the summonses and all documents issued by the Clerk at the time of filing upon all named parties in accordance with Local Rule 3-5 . Discovery is to be completed by 3/15/2022. Joint Alternate Dispute Resolution Report is due by 4/14/2022. Pretrial Order is due by 4/14/2022. Ordered by Judge Michael H. Simon. (kgc) (Entered: 11/15/2021)
2021-11-157Summons Issued Electronically as to National Marine Fisheries Service, National Oceanic and Atmospheric Administration. NOTICE: Counsel shall print and serve the summonses and all documents issued by the Clerk at the time of filing upon all named parties in accordance with Local Rule 3-5. (kgc) (Entered: 11/15/2021)
2021-12-168Affidavit of Service upon National Marine Fisheries Service served on 11/19/2021; National Oceanic and Atmospheric Administration served on 11/19/2021 Filed by Western Resources Legal Center. (Justesen, Tate) (Entered: 12/16/2021)
2021-12-229Answer to 1 Complaint, . Filed by National Oceanic and Atmospheric Administration, National Marine Fisheries Service. (Danielson, Kevin) (Entered: 12/22/2021)
2022-04-0410Notice of Appearance of Caroline Lobdell appearing on behalf of Western Resources Legal Center . Filed by Western Resources Legal Center. (Lobdell, Caroline) (Entered: 04/04/2022)
2022-04-0411Notice of Attorney Withdrawal: Tate F. Justesen Filed by Western Resources Legal Center. (Justesen, Tate) (Entered: 04/04/2022)
2022-06-2012Joint Status Report by Western Resources Legal Center. Filed by Western Resources Legal Center. (Lobdell, Caroline) (Entered: 06/20/2022)
2022-07-0113SCHEDULING ORDER - Pursuant to the parties' joint status report (ECF 12 ) all pending deadlines are stricken. The parties are directed to file another joint status report by October 3, 2022. Ordered by Judge Michael H. Simon. (mja) (Entered: 07/01/2022)
2022-10-0314Joint Status Report . Filed by Western Resources Legal Center. (Bruner, Aaron) (Entered: 10/03/2022)
2022-10-0415SCHEDULING ORDER - Pursuant to the parties' joint status report (ECF 14 ) the stay is continued, and the parties are directed to file another joint status report by December 5, 2022. Ordered by Judge Michael H. Simon. (mja) (Entered: 10/04/2022)
2022-12-0516Joint Status Report . Filed by All Defendants. (Danielson, Kevin) (Entered: 12/05/2022)
2022-12-0617SCHEDULING ORDER - Pursuant to the parties' joint status report (ECF 16 ) the stay is continued, and the parties are directed to file another joint status report by February 17, 2023. Ordered by Judge Michael H. Simon. (mja) (Entered: 12/06/2022)
2023-02-1718Joint Status Report . Filed by All Defendants. (Danielson, Kevin) (Entered: 02/17/2023)
2023-02-2119SCHEDULING ORDER - Pursuant to the parties' joint status report (ECF 18 ), the Court continues the stay and directs the parties to file another joint status report by April 14, 2023. Ordered by Judge Michael H. Simon. (mja) (Entered: 02/21/2023)
2023-04-1420Joint Status Report . Filed by All Defendants. (Danielson, Kevin) (Entered: 04/14/2023)
2023-04-1421ORDER - Pursuant to the parties' joint status report (ECF 20 ) the stay in this matter is continued for another 45 days. The parties shall file a joint status report not later than Tuesday, May 30, 2023. Ordered by Judge Michael H. Simon. (mja) (Entered: 04/14/2023)
2023-05-3022Joint Status Report . Filed by All Defendants. (Danielson, Kevin) (Entered: 05/30/2023)
2023-06-0623ORDER: Pursuant to the parties' joint status report (ECF 22), the Court continues the STAY in this matter for another 45 days. The parties shall file a joint status report not later than July 14, 2023. Ordered by Judge Michael H. Simon. (jp) (Entered: 06/06/2023)
2023-07-1424Joint Status Report . Filed by All Defendants. (Danielson, Kevin) (Entered: 07/14/2023)
2023-07-1425ORDER - Pursuant to the parties' joint status report (ECF 24 ), the Court continues the STAY in this matter for an additional 30 days. The parties shall file a joint status report not later than Monday, August 14, 2023. Ordered by Judge Michael H. Simon. (mja) (Entered: 07/14/2023)
2023-08-1426Joint Status Report . Filed by All Defendants. (Danielson, Kevin) (Entered: 08/14/2023)
2023-08-1527ORDER - Pursuant to the parties' joint status report (ECF 26 ), the Court continues the STAY in this matter for an additional 30 days. The parties shall file a joint status report not later than Wednesday, September 13 2023. Ordered by Judge Michael H. Simon. (mja) (Entered: 08/15/2023)
2023-09-1328Joint Status Report . Filed by All Defendants. (Danielson, Kevin) (Entered: 09/13/2023)
2023-09-1329ORDER - The Court has reviewed the parties' joint status report (ECF 28 ) and lifts the stay in this matter. The Court sets a briefing schedule regarding attorney fees and costs as follows: Plaintiff's motion and brief for attorney fees and costs are due by November 1, 2023; Defendant's response is due by November 22, 2023; and Plaintiff's reply is due by December 13, 2023. Ordered by Judge Michael H. Simon. (mja) (Entered: 09/13/2023)
2023-10-303060-DAY ORDER OF DISMISSAL: The Court having been informed by counsel for the parties that this action has been settled, IT IS ORDERED that, pursuant to LR 41-1, this action is dismissed with prejudice and without costs and with leave, upon good cause shown within sixty (60) days, to have this order of dismissal set aside and the action reinstated if the settlement is not consummated. Pending motions, if any, are denied as moot. All pretrial deadlines and any trial date are stricken. By Clerk of Court Melissa Aubin. (mja) (Entered: 10/30/2023)
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