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Case TitleATKINSON v. U.S. DEPARTMENT OF TRANSPORTATION
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2016cv00907
Date Filed2016-05-12
Date Closed2017-12-14
JudgeJudge Christopher R. Cooper
PlaintiffNATHAN B. ATKINSON
Case DescriptionNathan Atkinson submitted a FOIA request to the National Highway Traffic Safety Administration for detailed records concerning Ford vehicles. The agency released 4,600 records to Atkinson and withheld records under Exemption 4 (confidential business information) and Exemption 5 (privileges). Atkinson appealed the denial and the agency disclosed an additional 145 pages and provided more information from 193 pages previously disclosed. Atkinson then filed suit.
Complaint issues: Litigation - Attorney's fees

DefendantU.S. DEPARTMENT OF TRANSPORTATION
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

2016-05-121COMPLAINT for Injunctive and Declaratory Relief against U.S. DEPARTMENT OF TRANSPORTATION ( Filing fee $ 400 receipt number 0090-4525729) filed by NATHAN B. ATKINSON. (Attachments: # 1 Civil Cover Sheet, # 2 Summons Dep't of Transportation, # 3 Summons U.S. Attorney General, # 4 Summons Office of the U.S. Attorney)(Sobel, David) (Entered: 05/12/2016)
2016-05-12Case Assigned to Judge Christopher R. Cooper. (jd) (Entered: 05/13/2016)
2016-05-132SUMMONS (3) Issued Electronically as to U.S. DEPARTMENT OF TRANSPORTATION, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Consent Form)(sb) (Entered: 05/13/2016)
2016-06-103RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 5/17/2016. Answer due for ALL FEDERAL DEFENDANTS by 6/16/2016. (Sobel, David) (Entered: 06/10/2016)
2016-06-164Unopposed MOTION Production Schedule by U.S. DEPARTMENT OF TRANSPORTATION (Attachments: # 1 Text of Proposed Order)(Ross, Carl) (Entered: 06/16/2016)
2016-06-17MINUTE ORDER granting 4 the government's Motion for Production Schedule. It is hereby ORDERED that Defendant submit its first production of responsive documents to Plaintiff by August 1, 2016, and produce all remaining responsive records to Plaintiff by September 14, 2016. It is further ORDERED that the parties file a joint status report by September 14, 2016. Signed by Judge Christopher R. Cooper on 6/17/2016. (lccrc2) (Entered: 06/17/2016)
2016-06-17Set/Reset Deadlines: Defendant to submit its first production of responsive documents to Plaintiff by 8/1/2016, and produce all remaining responsive records to Plaintiff by 9/14/2016; Parties to file a joint status report by 9/14/2016. (kt) (Entered: 06/17/2016)
2016-09-145Joint STATUS REPORT and Defendant's Second Request for a Production Schedule and Plaintiff's Response by U.S. DEPARTMENT OF TRANSPORTATION. (Ross, Carl) (Entered: 09/14/2016)
2016-09-15MINUTE ORDER: In light of the parties' Joint Status Report and 5 Defendant's Second Request for a Production Schedule, it is hereby ORDERED that the production schedule be established as follows: Defendant shall submit its next production of responsive documents to Plaintiff by October 15, 2016, it shall continue reviewing and releasing responsive records to Plaintiff every 30 days thereafter, and it shall finish producing responsive records by January 13, 2017. It is further ORDERED that the parties file a joint status report by January 13, 2017. Signed by Judge Christopher R. Cooper on 9/15/2016. (lccrc2) (Entered: 09/15/2016)
2017-01-136NOTICE OF SUBSTITUTION OF COUNSEL by Wynne Patrick Kelly on behalf of U.S. DEPARTMENT OF TRANSPORTATION Substituting for attorney Carl "Zeke" Ross (Kelly, Wynne) (Entered: 01/13/2017)
2017-01-137Joint STATUS REPORT by U.S. DEPARTMENT OF TRANSPORTATION. (Kelly, Wynne) (Entered: 01/13/2017)
2017-01-18MINUTE ORDER: Upon reviewing the parties' 7 Joint Status Report, the Court hereby ORDERS the parties to submit another Joint Status Report on or before February 17, 2017. Signed by Judge Christopher R. Cooper on 1/18/2017. (lccrc3) (Entered: 01/18/2017)
2017-01-188NOTICE OF SUBSTITUTION OF COUNSEL by Joshua L. Rogers on behalf of All Defendants Substituting for attorney Wynne Kelly (Rogers, Joshua) (Entered: 01/18/2017)
2017-02-169Joint STATUS REPORT by U.S. DEPARTMENT OF TRANSPORTATION. (Attachments: # 1 Text of Proposed Order)(Rogers, Joshua) (Entered: 02/16/2017)
2017-02-17MINUTE ORDER: In light of 9 parties' Joint Status Report, it is hereby ORDERED that Defendant shall finish its production of responsive documents by March 20, 2017, and that the parties shall meet and confer to determine whether the remaining issues in this case can be narrowed or eliminated. It is further ORDERED that the parties shall submit another Joint Status Report on or by March 20, 2017. Signed by Judge Christopher R. Cooper on 2/17/2017. (lccrc2) (Entered: 02/17/2017)
2017-03-2010Joint STATUS REPORT by U.S. DEPARTMENT OF TRANSPORTATION. (Attachments: # 1 Text of Proposed Order)(Rogers, Joshua) (Entered: 03/20/2017)
2017-03-22MINUTE ORDER: In light of 10 parties' Joint Status Report, it is hereby ORDERED that Defendant shall finish its production of records by April 19, 2017. It is further ORDERED that, if a stipulation of dismissal has not yet been filed, the parties shall submit another Joint Status Report by April 19, 2017 with a proposed briefing schedule. Signed by Judge Christopher R. Cooper on 3/22/2017. (lccrc2) (Entered: 03/22/2017)
2017-03-22Set/Reset Deadlines: Production of Records due by 4/19/2017. Joint Status Report due by 4/19/2017. (lsj) (Entered: 03/22/2017)
2017-04-1411Joint STATUS REPORT by NATHAN B. ATKINSON. (Sobel, David) (Entered: 04/14/2017)
2017-04-18MINUTE ORDER: In light of 11 parties' Joint Status Report, it is hereby ORDERED that parties shall meet and confer. It is further ORDERED that, if a stipulation of dismissal has not yet been filed, the parties shall submit another Joint Status Report by May 26, 2017 with a proposed briefing schedule. Signed by Judge Christopher R. Cooper on 4/18/2017. (lccrc2) (Entered: 04/18/2017)
2017-04-18Set/Reset Deadlines: Joint Status Report due by 5/26/2017. (lsj) (Entered: 04/18/2017)
2017-05-2412Joint STATUS REPORT by U.S. DEPARTMENT OF TRANSPORTATION. (Rogers, Joshua) (Entered: 05/24/2017)
2017-05-24MINUTE ORDER: In light of 12 parties' status reports, it is hereby ORDERED that the production and briefing schedule shall be established as follows: DOT will produce its "re-run" production and Vaughn index to Plaintiff on or by June 14, 2017, and the parties shall meet and confer within 14 days thereafter to determine whether any issues remain in dispute. If issues remain in dispute, it is further ORDERED that DOT shall file its motion for summary judgment within 30 days thereafter; Plaintiff shall file its opposition and cross-motion for summary judgment within 30 days; DOT shall file its reply and opposition to Plaintiff's cross-motion within 14 days; and Plaintiff shall file its reply in support of its cross-motion within 14 days. Signed by Judge Christopher R. Cooper on 5/24/2017. (lccrc2) (Entered: 05/24/2017)
2017-05-25Set/Reset Deadlines: Vaughn Index due by 6/14/2017 (lsj) (Entered: 05/25/2017)
2017-05-3113Consent MOTION for Extension of Time to Re-Run Production, Produce Vaughn Index, and Move for Summary Judgment by U.S. DEPARTMENT OF TRANSPORTATION (Attachments: # 1 Text of Proposed Order)(Rogers, Joshua) (Entered: 05/31/2017)
2017-06-02MINUTE ORDER granting 13 Defendant's Motion for Extension of Time. It is hereby ORDERED that Defendant shall re-run its production and produce a Vaughn index on or by July 28, 2017. It is further ORDERED that the briefing schedule shall be amended as follows: Defendant shall file its motion for summary judgment on or by July 28, 2017; Plaintiff shall file its opposition and cross-motion for summary judgment on or by August 25, 2017; Defendant shall file its reply and opposition to Plaintiff's cross-motion on or by September 8, 2017; and Plaintiff shall file its reply in support of its cross-motion on or by September 22, 2017. Signed by Judge Christopher R. Cooper on 6/2/2017. (lccrc2) (Entered: 06/02/2017)
2017-06-02Set/Reset Deadlines: Vaughn Index due by 7/28/2017. Summary Judgment Motions due by 7/28/2017. Opposition and Cross-Motion for Summary Judgment due by 8/25/2017. Reply and Opposition to Motion for Summary Judgment due by 9/8/2017. Replies due by 9/22/2017. (nbn) (Entered: 06/02/2017)
2017-07-2614Consent MOTION for Extension of Time to File Motion for Summary Judgment by U.S. DEPARTMENT OF TRANSPORTATION (Attachments: # 1 Text of Proposed Order)(Rogers, Joshua) (Entered: 07/26/2017)
2017-07-2615ERRATA by U.S. DEPARTMENT OF TRANSPORTATION 14 Consent MOTION for Extension of Time to File Motion for Summary Judgment filed by U.S. DEPARTMENT OF TRANSPORTATION. (Rogers, Joshua) (Entered: 07/26/2017)
2017-07-27MINUTE ORDER granting 14 Defendant's Motion for Extension of Time to File its Motion for Summary Judgment. It is hereby ORDERED that the briefing schedule shall be amended as follows: Defendant shall file its Motion for Summary Judgment on or by August 4, 2017; Plaintiff shall file its Opposition and Cross-Motion for Summary Judgment on or by September 1, 2017; Defendant shall file its Opposition and Reply on or by September 15, 2017; and Plaintiff shall file its Reply on or by September 29, 2017. Signed by Judge Christopher R. Cooper on 7/27/2017. (lccrc2) (Entered: 07/27/2017)
2017-08-0116Consent MOTION for Extension of Time to File Motion for Summary Judgment by U.S. DEPARTMENT OF TRANSPORTATION (Attachments: # 1 Text of Proposed Order)(Rogers, Joshua) (Entered: 08/01/2017)
2017-08-03MINUTE ORDER granting 16 Defendant's Motion for Extension of Time to File its Motion for Summary Judgment. It is hereby ORDERED that the briefing schedule shall be amended as follows: Defendant shall file its Motion for Summary Judgment on or by August 11, 2017; Plaintiff shall file its Opposition and Cross-Motion for Summary Judgment on or by September 5, 2017; Defendant shall file its Opposition and Reply on or by September 22, 2017; and Plaintiff shall file its Reply on or by October 6, 2017. Signed by Judge Christopher R. Cooper on 8/3/2017. (lccrc2) (Entered: 08/03/2017)
2017-08-1117MOTION for Extension of Time to File Motion for Summary Judgment by U.S. DEPARTMENT OF TRANSPORTATION (Attachments: # 1 Text of Proposed Order)(Rogers, Joshua) (Entered: 08/11/2017)
2017-08-14MINUTE ORDER granting 17 Motion for Extension of Time to File Motion for Summary Judgment. Defendant shall file its Motion for Summary Judgment on or before September 11, 2017. Plaintiff shall file its Opposition/Cross-Motion for Summary Judgment on or before October 20, 2017. Defendant shall file its Reply/Opposition to Summary Judgment on or before November 8, 2017. Plaintiff shall file its Reply to Defendant's Opposition on or before November 28, 2017. Signed by Judge Christopher R. Cooper on 08/14/2017. (lccrc3) (Entered: 08/14/2017)
2017-09-0718MOTION for Extension of Time to File Motion for Partial Summary Judgment by U.S. DEPARTMENT OF TRANSPORTATION (Attachments: # 1 Declaration, # 2 Text of Proposed Order)(Rogers, Joshua) (Entered: 09/07/2017)
2017-09-0819Memorandum in opposition to re 18 MOTION for Extension of Time to File Motion for Partial Summary Judgment filed by NATHAN B. ATKINSON. (Attachments: # 1 Affidavit of Nathan B. Atkinson, # 2 Exhibit A)(Sobel, David) (Entered: 09/08/2017)
2017-09-11MINUTE ORDER: The parties are to appear for a Telephone Conference set for 9/11/2017 at 3:30 PM in Chambers before Judge Christopher R. Cooper. Signed by Judge Christopher R. Cooper on 9/11/17. (lsj) (Entered: 09/11/2017)
2017-09-11Minute Entry for Telephone Conference held before Judge Christopher R. Cooper on 9/11/2017. Forthcoming Order. Court Reporter Lisa Moreira. (lsj) (Entered: 09/11/2017)
2017-09-1120MOTION for Partial Summary Judgment by U.S. DEPARTMENT OF TRANSPORTATION (Attachments: # 1 Statement of Facts, # 2 Memorandum in Support, # 3 Text of Proposed Order, # 4 Declaration, # 5 Declaration, # 6 Exhibit A, # 7 Exhibit B, # 8 Exhibit C, # 9 Exhibit D, # 10 Exhibit E, # 11 Exhibit F, # 12 Exhibit G, # 13 Exhibit H, # 14 Exhibit I, # 15 Exhibit J)(Rogers, Joshua) (Entered: 09/11/2017)
2017-09-13MINUTE ORDER granting 18 Defendant's Motion for Extension of Time. The Court will grant Defendant an additional 45 days to file its motion for summary judgment with respect to Exemption 4. The Defendant shall file its Motion for Summary Judgment by October 26, 2017. Plaintiff shall file its Opposition/Cross-Motion for Summary Judgment by December 1, 2017. Defendant shall file its Reply/Opposition to Summary Judgment by December 22, 2017. Plaintiff shall file its Reply to Defendant's Opposition by January 12, 2018. Signed by Judge Christopher R. Cooper on 9/13/2017. (lccrc2) (Entered: 09/13/2017)
2017-09-13Set/Reset Deadlines: Summary Judgment motions due by 10/26/2017. Response to Motion for Summary Judgment due by 12/1/2017. Reply to Motion for Summary Judgment due by 12/22/2017. Replies due by 1/12/2018. (lsj) (Entered: 09/13/2017)
2017-10-0221Consent MOTION for Extension of Time to File Remaining Briefs by NATHAN B. ATKINSON (Attachments: # 1 Text of Proposed Order)(Sobel, David) (Entered: 10/02/2017)
2017-10-05MINUTE ORDER granting 21 Plaintiff's Motion for Extension of Time. The deadlines contained in the Court's August 14, 2017 Minute Order are hereby amended to conform with the deadlines set forth in the Court's September 13, 2017 Minute Order. Defendant shall file its remaining partial Motion for Summary Judgment by October 26, 2017. Plaintiff shall file his combined opposition to both motions for summary judgment and cross-motion for summary judgment by December 1, 2017. Defendant shall file its combined reply and opposition addressing all issues by December 22, 2017. Plaintiff shall file his combined reply addressing all issues by January 12, 2018. Signed by Judge Christopher R. Cooper on 10/5/2017. (lccrc2) (Entered: 10/05/2017)
2017-10-06Set/Reset Deadlines: Summary Judgment motions due by 10/26/2017. Response to Motion for Summary Judgment due by 12/1/2017. Reply to Motion for Summary Judgment due by 12/22/2017. Plaintiff's Replies due by 1/12/2018. (lsj) (Entered: 10/06/2017)
2017-10-2522Consent MOTION for Extension of Time to File Motion for Partial Summary Judgment by U.S. DEPARTMENT OF TRANSPORTATION (Attachments: # 1 Text of Proposed Order)(Rogers, Joshua) (Entered: 10/25/2017)
2017-10-26MINUTE ORDER granting 22 Defendant's Motion for Extension of Time. It is ORDERED that Defendant shall begin a rolling production of all records for which Ford and/or its suppliers have waived confidential treatment and shall provide these records to Plaintiff by November 13, 2017. It is further ORDERED that the summary judgment briefing schedule shall be modified as follows: Defendant's remaining motion for summary judgment shall be due by November 27, 2017; Plaintiff's combined opposition and cross-motion shall be due by January 4, 2018; Defendant's combined reply and opposition shall be due by January 25, 2018; and Plaintiff's reply shall be due by February 15, 2018. Signed by Judge Christopher R. Cooper on 10/26/2017. (lccrc2) (Entered: 10/26/2017)
2017-11-2123Joint MOTION to Stay by U.S. DEPARTMENT OF TRANSPORTATION (Attachments: # 1 Text of Proposed Order)(Rogers, Joshua) (Entered: 11/21/2017)
2017-11-27MINUTE ORDER granting 23 Joint Motion to Stay. This case shall be stayed until January 5, 2018, at which point the parties shall file a joint status report or joint stipulation of dismissal, as appropriate. No further stays of the current briefing schedule shall be granted. Signed by Judge Christopher R. Cooper on 11/27/2017. (lccrc2) (Entered: 11/27/2017)
2017-11-27Case Stayed. Set/Reset Deadlines: Joint Status Report due by 1/5/2018 (lsj) (Entered: 11/27/2017)
2017-12-1324STIPULATION of Dismissal by U.S. DEPARTMENT OF TRANSPORTATION. (Rogers, Joshua) (Entered: 12/13/2017)
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