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Case TitleJUDICIAL WATCH, INC. v. U.S. DEPARTMENT OF COMMERCE
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2015cv02088
Date Filed2015-12-02
Date Closed2017-08-22
JudgeJudge Christopher R. Cooper
PlaintiffJUDICIAL WATCH, INC.
PlaintiffUNION OF CONCERNED SCIENTISTS
PlaintiffCLIMATE SCIENCE LEGAL DEFENSE FUND
Case DescriptionJudicial Watch submitted a FOIA request to the National Oceanic and Atmospheric Administration at the Department of Commerce for records concerning the use of various temperature data. The agency acknowledged receipt of the request, but after the agency failed to respond within the statutory time limits, Judicial Watch filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Vaughn index, Litigation - Attorney's fees

DefendantUNITED STATES DEPARTMENT OF COMMERCE
DefendantUNION OF CONCERNED SCIENTISTS
DefendantCLIMATE SCIENCE LEGAL DEFENSE FUND
DefendantAMERICAN METEOROLOGICAL SOCIETY
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2015-12-021COMPLAINT against UNITED STATES DEPARTMENT OF COMMERCE ( Filing fee $ 400 receipt number 0090-4334682) filed by JUDICIAL WATCH, INC.. (Attachments: # 1 Civil Cover Sheet, # 2 Summons U.S. Attorney for D.C., # 3 Summons U.S. Attorney General, # 4 Summons Dept. of Commerce)(Burke, Lauren) (Entered: 12/02/2015)
2015-12-022LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by JUDICIAL WATCH, INC. (Burke, Lauren) (Entered: 12/02/2015)
2015-12-02Case Assigned to Judge Christopher R. Cooper and 0. (md) (Entered: 12/03/2015)
2015-12-033SUMMONS (3) Issued Electronically as to UNITED STATES DEPARTMENT OF COMMERCE, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice of Consent) (md) (Entered: 12/03/2015)
2015-12-154RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 12/15/2015. ( Answer due for ALL FEDERAL DEFENDANTS by 1/14/2016.), RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 12/14/2015., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES DEPARTMENT OF COMMERCE served on 12/8/2015 (Attachments: # 1 Declaration of Cristina Rotaru)(Burke, Lauren) (Entered: 12/15/2015)
2015-12-235NOTICE of Appearance by Claire M. Whitaker on behalf of UNITED STATES DEPARTMENT OF COMMERCE (Whitaker, Claire) (Entered: 12/23/2015)
2016-01-136NOTICE OF SUBSTITUTION OF COUNSEL by Kevin Matthew Snell on behalf of UNITED STATES DEPARTMENT OF COMMERCE Substituting for attorney Claire Whitaker (Snell, Kevin) (Entered: 01/13/2016)
2016-01-137MOTION for Extension of Time to Respond to Complaint by UNITED STATES DEPARTMENT OF COMMERCE (Attachments: # 1 Text of Proposed Order)(Snell, Kevin) (Entered: 01/13/2016)
2016-01-14MINUTE ORDER granting 7 Motion for Extension of Time to Respond to Complaint. The Government shall have until January 28, 2016 to answer or otherwise respond to the Complaint. Signed by Judge Christopher R. Cooper on 1/14/2016. (lccrc2) (Entered: 01/14/2016)
2016-01-288ANSWER to Complaint by UNITED STATES DEPARTMENT OF COMMERCE. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Snell, Kevin) (Entered: 01/28/2016)
2016-01-29MINUTE ORDER: Before the Court in this FOIA case are a complaint and an answer. It is hereby ORDERED that the parties promptly confer and file a joint proposed schedule for briefing or disclosure by February 12, 2016. Signed by Judge Christopher R. Cooper on 1/29/2016. (lccrc2) (Entered: 01/29/2016)
2016-02-129Joint STATUS REPORT by UNITED STATES DEPARTMENT OF COMMERCE. (Snell, Kevin) (Entered: 02/12/2016)
2016-02-16MINUTE ORDER: In light of the 9 Joint Status Report, it is hereby ORDERED that the parties file a further joint status report by March 4, 2016 on the progress of their discussions and the need for further proceedings in this case (including a proposed schedule for briefing or disclosure). Signed by Judge Christopher R. Cooper on 2/16/2016. (lccrc2) (Entered: 02/16/2016)
2016-03-0110Joint STATUS REPORT by UNITED STATES DEPARTMENT OF COMMERCE. (Snell, Kevin) (Entered: 03/01/2016)
2016-03-03MINUTE ORDER: In light of the 10 Joint Status Report, it is hereby ORDERED that the parties file a further joint status report by March 25, 2016 on the need for further proceedings in this case (including a proposed schedule for briefing or disclosure). Signed by Judge Christopher R. Cooper on 3/3/2016. (lccrc2) (Entered: 03/03/2016)
2016-03-2211Joint STATUS REPORT by UNITED STATES DEPARTMENT OF COMMERCE. (Snell, Kevin) (Entered: 03/22/2016)
2016-03-24MINUTE ORDER: In light of the parties' 11 Joint Status Report, it is hereby ORDERED that Defendant abide by the following production schedule: Defendant shall produce non-exempt records that are responsive to item 4 of Plaintiff's FOIA request by April 15, 2016; Defendant shall produce non-exempt records that are responsive to items 1, 2, and 3 of Plaintiff's FOIA request by May 27, 2016. It is further ORDERED that the parties submit a supplemental joint status report by June 3, 2016. If Defendant does not produce all non-exempt records responsive to items 1, 2, 3, and 4 of Plaintiff's FOIA request by May 27, 2016, Defendant shall provide an update on the status of its searches in that status report and set forth a proposed schedule for completing the production of responsive, non-exempt records. Signed by Judge Christopher R. Cooper on 3/24/2016. (lccrc2) (Entered: 03/24/2016)
2016-06-0312Joint STATUS REPORT by UNITED STATES DEPARTMENT OF COMMERCE. (Snell, Kevin) (Entered: 06/03/2016)
2016-06-06MINUTE ORDER: In light of 12 the parties' Joint Status Report, it is hereby ORDERED that the parties file a supplemental joint status report by July 15, 2016. Signed by Judge Christopher R. Cooper on 6/6/2016. (lccrc2) (Entered: 06/06/2016)
2016-06-07Set/Reset Deadlines: Parties to file a supplemental joint status report by 7/15/2016. (kt) (Entered: 06/07/2016)
2016-07-1413Joint STATUS REPORT by UNITED STATES DEPARTMENT OF COMMERCE. (Snell, Kevin) (Entered: 07/14/2016)
2016-07-14MINUTE ORDER: In light of 13 the parties' Joint Status Report, it is hereby ORDERED that the parties file a supplemental joint status report by September 30, 2016. Signed by Judge Christopher R. Cooper on 7/14/2016. (lccrc2) (Entered: 07/14/2016)
2016-07-15Set/Reset Deadlines: Supplemental Joint Status Report due by 9/30/2016. (lsj) (Entered: 07/15/2016)
2016-09-3014Joint STATUS REPORT by UNITED STATES DEPARTMENT OF COMMERCE. (Snell, Kevin) (Entered: 09/30/2016)
2016-10-03MINUTE ORDER: In light of 14 parties' Joint Status Report, it is hereby ORDERED that the parties shall submit their next Joint Status Report with a proposed briefing schedule by October 7, 2016. Signed by Judge Christopher R. Cooper on 10/3/2016. (lccrc2) (Entered: 10/03/2016)
2016-10-04Set/Reset Deadlines: Joint Status Report due by 10/7/2016. (zlsj) (Entered: 10/04/2016)
2016-10-0615Joint STATUS REPORT by UNITED STATES DEPARTMENT OF COMMERCE. (Snell, Kevin) (Entered: 10/06/2016)
2016-10-07MINUTE ORDER: In light of 15 parties' Joint Status Report, it is hereby ORDERED that the summary-judgment briefing schedule shall be as follows: Defendant's motion for summary judgment shall be due by December 16, 2016; Plaintiff's cross-motion for summary judgment and opposition to Defendant's motion shall be due by January 20, 2017; Defendant's reply in support of its motion and opposition to Plaintiff's motion shall be due by February 17, 2017; and Plaintiff's reply in support of its motion shall be due by March 3, 2017. Signed by Judge Christopher R. Cooper on 10/7/2016. (lccrc2) (Entered: 10/07/2016)
2016-10-11Set/Reset Deadlines: Summary Judgment motions due by 12/16/2016. Response to Motion for Summary Judgment due by 1/20/2017. Reply to Motion for Summary Judgment due by 2/17/2017. Plaintiff's Replies due by 3/17/2017. (lsj) (Entered: 10/11/2016)
2016-12-1516MOTION for Summary Judgment by UNITED STATES DEPARTMENT OF COMMERCE (Attachments: # 1 Exhibit A - Graff Declaration, # 2 Exhibit 1 to Graff Declaration - Vaughn Index, # 3 Exhibit 2 to Graff Declaration, # 4 Exhibit B - Spinrad Declaration, # 5 Text of Proposed Order)(Snell, Kevin) (Entered: 12/15/2016)
2017-01-1817Consent MOTION for Extension of Time to File Response/Reply as to 16 MOTION for Summary Judgment by JUDICIAL WATCH, INC. (Attachments: # 1 Text of Proposed Order)(Burke, Lauren) (Entered: 01/18/2017)
2017-01-24MINUTE ORDER granting 17 Plaintiffs' motion for extension of time. It is hereby ORDERED that the summary-judgment briefing schedule be amended as follows: Plaintiff's combined cross-motion for summary judgment and opposition to Defendant's motion shall be due by February 20, 2017; Defendant's reply in support of its motion and opposition to Plaintiff's motion shall be due by March 17, 2017; and Plaintiff's reply in support of its motion shall be due by April 17, 2017. Parties are advised that further extensions of the briefing schedule will not be granted. Signed by Judge Christopher R. Cooper on 1/24/17. (lccrc2) (Entered: 01/24/2017)
2017-01-2718MOTION for Leave to File Brief as Amici Curiae by Union of Concerned Scientists, Climate Science Legal Defense Fund, American Meteorological Society (Attachments: # 1 Proposed Brief of Amici Curiae, # 2 Text of Proposed Order)(Corkran, Kelsi) (Entered: 01/27/2017)
2017-01-2719NOTICE of Appearance by Kelsi B. Corkran on behalf of American Meteorological Society, Climate Science Legal Defense Fund, Union of Concerned Scientists (Corkran, Kelsi) (Entered: 01/27/2017)
2017-02-1020RESPONSE re 18 MOTION for Leave to File Brief as Amici Curiae filed by JUDICIAL WATCH, INC.. (Burke, Lauren) (Entered: 02/10/2017)
2017-02-2221Memorandum in opposition to re 16 MOTION for Summary Judgment filed by JUDICIAL WATCH, INC.. (Attachments: # 1 Text of Proposed Order)(Burke, Lauren) (Entered: 02/22/2017)
2017-02-2222Cross MOTION for Summary Judgment by JUDICIAL WATCH, INC. (Attachments: # 1 Text of Proposed Order)(Burke, Lauren) (Entered: 02/22/2017)
2017-03-09MINUTE ORDER granting 18 Climate Science Legal Defense Fund, American Meteorological Society, and Union of Concerned Scientist's Motion for Leave to File a Brief as Amici Curiae in support of Defendant. Signed by Judge Christopher R. Cooper on 3/9/2017. (lccrc2) (Entered: 03/09/2017)
2017-03-0923AMICUS BRIEF by AMERICAN METEOROLOGICAL SOCIETY, CLIMATE SCIENCE LEGAL DEFENSE FUND, UNION OF CONCERNED SCIENTISTS. (jf) (Entered: 03/10/2017)
2017-03-1724REPLY to opposition to motion re 16 MOTION for Summary Judgment filed by UNITED STATES DEPARTMENT OF COMMERCE. (Attachments: # 1 Declaration)(Snell, Kevin) (Entered: 03/17/2017)
2017-03-1725Memorandum in opposition to re 22 Cross MOTION for Summary Judgment filed by UNITED STATES DEPARTMENT OF COMMERCE. (Attachments: # 1 Declaration, # 2 Text of Proposed Order)(Snell, Kevin) (Entered: 03/17/2017)
2017-04-1726REPLY to opposition to motion re 22 Cross MOTION for Summary Judgment filed by JUDICIAL WATCH, INC.. (Burke, Lauren) (Entered: 04/18/2017)
2017-04-1827Unopposed MOTION Plaintiff's Opposition and Cross-motion be considered timely filed Nunc Pro Tunc re 22 Cross MOTION for Summary Judgment , 21 Memorandum in Opposition by JUDICIAL WATCH, INC. (Attachments: # 1 Exhibit CM/ECF Notices of Filing, # 2 Text of Proposed Order)(Burke, Lauren) (Entered: 04/18/2017)
2017-04-21MINUTE ORDER granting 27 Plaintiff's Unopposed Motion for Nunc Pro Tunc extension of time. It is hereby ORDERED that Plaintiff's Memorandum in Opposition to Defendant's Motion for Summary Judgment and Plaintiff's Cross-Motion for Summary Judgment shall be considered timely filed. Signed by Judge Christopher R. Cooper on 4/21/2017. (lccrc2) (Entered: 04/21/2017)
2017-08-2128ORDER granting 16 Defendant's Motion for Summary Judgment and denying 22 Plaintiff's Cross-Motion for Partial Summary Judgment. Signed by Judge Christopher R. Cooper on 8/21/2017. (lccrc2) (Entered: 08/21/2017)
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