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Case TitlePUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY v. NATIONAL OCEANIC & ATMOSPHERIC ADMINISTRATION
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2019cv00623
Date Filed2019-03-06
Date Closed2019-08-30
JudgeJudge Rudolph Contreras
PlaintiffPUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY
Case DescriptionPublic Employees for Environmental Responsibility submitted a FOIA request to the National Oceanic and Atmospheric Administration for records concerning an incident in which AccuWeather, a private weather forecasting company, misinterpreted a test warning sent by the National Weather Service that a tsunami was approaching the East Coast. AccuWeather sent out an alert that the tsunami was real rather than a test. NOAA acknowledged receipt of the request. The agency disclosed 34 pages and withheld two drafts. PEER filed an administrative appeal, arguing that NOAA's search was not adequate. After hearing nothing further from the agency, PEER filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantNATIONAL OCEANIC & ATMOSPHERIC ADMINISTRATION
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2019-03-061COMPLAINT against NATIONAL OCEANIC & ATMOSPHERIC ADMINISTRATION ( Filing fee $ 400 receipt number 0090-5984762) filed by PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY. (Attachments: # 1 Civil Cover Sheet cover sheet, # 2 Declaration corporate disclosure, # 3 Summons Agency Summons, # 4 Summons DOJ Summons, # 5 Summons USAO Summons)(Dinerstein, Paula) (Attachment 1 replaced on 3/6/2019) (zef, ). (Entered: 03/06/2019)
2019-03-062LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests. (zef, ) (Entered: 03/06/2019)
2019-03-06Case Assigned to Judge Rudolph Contreras. (zef, ) (Entered: 03/06/2019)
2019-03-063SUMMONS (3) Issued Electronically as to NATIONAL OCEANIC & ATMOSPHERIC ADMINISTRATION, U.S. Attorney and U.S. Attorney General. (Attachments: # 1 Notice and Consent)(zef, ) (Entered: 03/06/2019)
2019-03-064ERRATA to first filing re LCvR 5.1(c)(1) by PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY 1 Complaint, filed by PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY. (Dinerstein, Paula) (Entered: 03/06/2019)
2019-03-225NOTICE of Appearance by April Denise Seabrook on behalf of All Defendants (Seabrook, April) (Entered: 03/22/2019)
2019-04-156ANSWER to Complaint by NATIONAL OCEANIC & ATMOSPHERIC ADMINISTRATION.(Seabrook, April) (Entered: 04/15/2019)
2019-04-15MINUTE ORDER: It is hereby ORDERED that the parties shall meet, confer, and jointly submit a proposed briefing schedule on or before April 29, 2019. SO ORDERED. Signed by Judge Rudolph Contreras on 4/15/19. (lcrc1) (Entered: 04/15/2019)
2019-04-18Set/Reset Deadlines: Proposed Briefing Schedule due by 4/29/2019 (tj) (Entered: 04/18/2019)
2019-04-297PROPOSED BRIEFING SCHEDULE (Joint) by PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY. (Dinerstein, Paula) (Entered: 04/29/2019)
2019-04-30MINUTE ORDER: Upon consideration of the parties' 7 proposed joint briefing schedule, it is hereby ORDERED that the following schedule shall govern further summary judgment briefing in this case: Defendant shall file its dispositive motion on or before May 30, 2019; Plaintiff shall file its opposition and cross-motion for summary judgment on or before July 1, 2019; Defendant shall file its reply and opposition to the cross-motion on or before August 1, 2019; and Plaintiff shall file its reply in further support of the cross-motion on or before August 12, 2019. SO ORDERED. Signed by Judge Rudolph Contreras on 4/30/19. (lcrc1) (Entered: 04/30/2019)
2019-04-30Set/Reset Deadlines: Dispositive Motions due by 5/30/2019. Response to Dispositive Motions due by 7/1/2019. Reply to Dispositive Motions due by 8/1/2019. Cross Motions due by 7/1/2019. Response to Cross Motions due by 8/1/2019. Reply to Cross Motions due by 8/12/2019. (tj) (Entered: 04/30/2019)
2019-05-308Consent MOTION to Amend/Correct Order,, Briefing Schedule by NATIONAL OCEANIC & ATMOSPHERIC ADMINISTRATION (Seabrook, April) (Entered: 05/30/2019)
2019-05-31MINUTE ORDER granting 8 motion to amend briefing schedule. It is hereby ORDERED that the following schedule shall govern further summary judgment briefing in this case: Defendant shall file its dispositive motion on or before June 13, 2019; Plaintiff shall file its opposition and cross-motion for summary judgment on or before July 10, 2019; Defendant shall file its reply and opposition to the cross-motion on or before August 10, 2019; and Plaintiff shall file its reply in further support of the cross-motion on or before August 26, 2019. SO ORDERED. Signed by Judge Rudolph Contreras on 5/31/19. (lcrc1) (Entered: 05/31/2019)
2019-05-31Set/Reset Deadlines: Dispositive Motions due by 6/13/2019. Plaintiff shall file its opposition and cross-motion for summary judgment on or before July 10, 2019; Defendant shall file its reply and opposition to the cross-motion on or before August 10, 2019; and Plaintiff shall file its reply in further support of the cross-motion on or before August 26, 2019 (hs) (Entered: 05/31/2019)
2019-06-139Consent MOTION for Extension of Time to File by NATIONAL OCEANIC & ATMOSPHERIC ADMINISTRATION (Seabrook, April) (Entered: 06/13/2019)
2019-06-14MINUTE ORDER granting 9 motion for extension of time. It is hereby ORDERED that the following schedule shall govern further summary judgment briefing in this case: Defendant shall file its dispositive motion on or before June 21, 2019; Plaintiff shall file its opposition and cross-motion for summary judgment on or before July 17, 2019; Defendant shall file its reply and opposition to the cross-motion on or before August 19, 2019; and Plaintiff shall file its reply in further support of the cross-motion on or before September 5, 2019. SO ORDERED. Signed by Judge Rudolph Contreras on 6/14/19. (lcrc1) (Entered: 06/14/2019)
2019-06-14Set/Reset Deadlines: Cross Motions due by 7/17/2019. Response to Cross Motions due by 8/19/2019. Reply to Cross Motions due by 9/5/2019. Summary Judgment motions due by 6/21/2019. Response to Motion for Summary Judgment due by 7/17/2019. Reply to Motion for Summary Judgment due by 8/19/2019. (tj) (Entered: 06/14/2019)
2019-06-2010Consent MOTION to Amend/Correct Set/Reset Deadlines, by NATIONAL OCEANIC & ATMOSPHERIC ADMINISTRATION (Seabrook, April) (Entered: 06/20/2019)
2019-06-21MINUTE ORDER granting 10 motion to amend briefing schedule. It is hereby ORDERED that the following schedule shall govern further summary judgment briefing in this case: Defendant shall file its dispositive motion on or before July 10, 2019; Plaintiff shall file its opposition and cross-motion for summary judgment on or before August 17, 2019; Defendant shall file its reply and opposition to the cross-motion on or before September 19, 2019; and Plaintiff shall file its reply in further support of the cross-motion on or before October 5, 2019. SO ORDERED. Signed by Judge Rudolph Contreras on 6/21/19. (lcrc1) (Entered: 06/21/2019)
2019-06-28Set/Reset Deadlines: Cross Motions due by 8/17/2019. Response to Cross Motions due by 9/19/2019. Reply to Cross Motions due by 10/5/2019. Motions due by 7/10/2019. Responses due by 8/17/2019 Replies due by 9/19/2019. (tj) (Entered: 06/28/2019)
2019-07-0911Joint STATUS REPORT by NATIONAL OCEANIC & ATMOSPHERIC ADMINISTRATION. (Seabrook, April) (Entered: 07/09/2019)
2019-07-09MINUTE ORDER: Upon consideration of 11 the parties' Joint Status Report, it is hereby ORDERED that the parties' requested relief is GRANTED. It is FURTHER ORDERED that the briefing schedule set in the Court's June 21, 2019 minute order is VACATED. It is FURTHER ORDERED that the parties shall submit a joint status report advising the Court of the status of their negotiations and whether additional proceedings will be necessary on or before August 16, 2019. SO ORDERED. Signed by Judge Rudolph Contreras on 7/9/19. (lcrc1) (Entered: 07/09/2019)
2019-08-1612Joint STATUS REPORT by PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY. (Dinerstein, Paula) (Entered: 08/16/2019)
2019-08-16MINUTE ORDER: Upon consideration of the parties' 12 joint status report, it is hereby ORDERED that the parties shall submit a joint status report on or before August 30, 2019. SO ORDERED. Signed by Judge Rudolph Contreras on 8/16/19. (lcrc1) (Entered: 08/16/2019)
2019-08-20Set/Reset Deadlines: Status Report due by 8/30/2019. (tj) (Entered: 08/20/2019)
2019-08-2713STIPULATION of Dismissal by NATIONAL OCEANIC & ATMOSPHERIC ADMINISTRATION. (Seabrook, April) (Entered: 08/27/2019)
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by FOIA Project Staff
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