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Case TitleSchlumberger Technology Coporation v. United States Department of Labor, Occupational Safety and Health Administration
DistrictSouthern District of Texas
CityGalveston
Case Number3:2020cv00295
Date Filed2020-09-23
Date Closed2021-02-01
JudgeMagistrate Judge Andrew M Edison
PlaintiffSchlumberger Technology Coporation
Case DescriptionSchlumberger Technology Corporation submitted a FOIA request to the Occupational Safety and Health Administration for records concerning the agency's investigation of a workplace accident at a facility in Galveston, particularly witness statements made by three employees. The agency acknowledged receipt of the request and assessed Schlumberger Technology $50 for processing the request. The agency disclosed 136 pages withholding portions under Exemption 5 (privileges), Exemption 7(C) (invasion of privacy concerning law enforcement records), and Exemption 7(D) (confidential sources). Schlumberger Technology filed an administrative appeal of the denial. After hearing nothing further from the agency, Schlumberger Technology Corporation filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Attorney's fees

DefendantUnited States Department of Labor, Occupational Safety and Health Administration
Documents
Docket
Complaint
Complaint attachment 1
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2020-09-231COMPLAINT against United States Department of Labor, Occupational Safety and Health Administration (Filing fee $ 400 receipt number 0541-25246182) filed by Schlumberger Technology Coporation. (Attachments: # 1 Civil Cover Sheet)(Scofield, Denise) (Entered: 09/23/2020)
2020-09-232Request for Issuance of Summons as to United States Department of Labor, Occupational Safety and Health Administration, c/o United States Attorneys Office; Attorney General of the United States; and Office of the Solicitor of Labor, filed. (Attachments: # 1 Summons, # 2 Summons)(Scofield, Denise) (Entered: 09/23/2020)
2020-09-233NOTICE of Appearance by Brandon Duke on behalf of Schlumberger Technology Coporation, filed. (Duke, Brandon) (Entered: 09/23/2020)
2020-09-244Summons Issued as to United States Department of Labor, Occupational Safety and Health Administration, U.S. Attorney and U.S. Attorney General. Issued summons returned to plaintiff by NEF, filed. (Attachments: # 1 Summons, # 2 Summons)(JessicaVillarreal, 3) (Entered: 09/24/2020)
2020-09-245ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 12/16/2020 at 09:30 AM in 7th Floor Courtroom before Magistrate Judge Andrew M Edison(Signed by Judge Jeffrey V Brown) Parties notified.(agould, 3) (Entered: 09/24/2020)
2020-10-086CERTIFICATE OF INTERESTED PARTIES by Schlumberger Technology Coporation, filed.(Scofield, Denise) (Entered: 10/08/2020)
2020-10-267ANSWER to 1 Complaint, by United States Department of Labor, Occupational Safety and Health Administration, filed.(Rodriguez, Jimmy) (Entered: 10/26/2020)
2020-11-238ORDER (Signed by Magistrate Judge Andrew M Edison) Parties notified.(agould, 3) (Entered: 11/23/2020)
2020-12-089CERTIFICATE OF INTERESTED PARTIES by United States Department of Labor, Occupational Safety and Health Administration, filed.(Rodriguez, Jimmy) (Entered: 12/08/2020)
2020-12-0910JOINT DISCOVERY/CASE MANAGEMENT PLAN by Schlumberger Technology Coporation, filed.(Scofield, Denise) (Entered: 12/09/2020)
2020-12-1011CONSENT to Proceed Before a Magistrate Judge by Schlumberger Technology Coporation, filed. (wbostic, 4) (Entered: 12/10/2020)
2020-12-1012CONSENT to Proceed Before a Magistrate Judge by Schlumberger Technology Coporation, United States Department of Labor, Occupational Safety and Health Administration, filed. (wbostic, 4) (Entered: 12/10/2020)
2020-12-1013CONSENT TO PROCEED BEFORE MAGISTRATE JUDGE by All Parties and ORDER TRANSFERRING CASE to Magistrate Judge Andrew M Edison. Judge Jeffrey V Brown no longer assigned to the case.(Signed by Judge Jeffrey V Brown) Parties notified.(ltrevino, 3) (Entered: 12/10/2020)
2020-12-1014NOTICE of Setting. Parties notified. Status Conference set for 12/18/2020 at 09:30 AM by video before Magistrate Judge Andrew M Edison, filed. (wbostic, 4) (Entered: 12/10/2020)
2020-12-1715Agreed PROPOSED ORDER Setting Briefing Schedule , filed.(Scofield, Denise) (Entered: 12/17/2020)
2020-12-18Minute Entry for proceedings held before Magistrate Judge Andrew M Edison on December 18, 2020. Status Conference held. The Court will issue a scheduling order. Appearances: Denise Scofield and Brandon Duke for the plaintiff; Jimmy Rodriguez for the defendant. (Court Reporter: L. Wells), filed. (wbostic, 4) (Entered: 12/18/2020)
2020-12-1816AGREED ORDER SETTING BRIEFING SCHEDULE. Deadline for Defendants' Motion for Summary Judgment and Vaugh Index due by 1/13/2021. Deadline for Plaintiff's Response and Cross-Motion for Summary Judgment due by 1/20/2021. Deadline for Defendants' Reply and Response due by 1/27/2021. Deadline for Plaintiff's Reply due by 2/1/2021. A Hearing on the parties' motions will be set for 2/5/2021 at 09:00 AM in 7th Floor Courtroom before Magistrate Judge Andrew M Edison(Signed by Magistrate Judge Andrew M Edison) Parties notified.(ltrevino, 3) (Entered: 12/18/2020)
2021-01-1317MOTION for Summary Judgment by United States Department of Labor, Occupational Safety and Health Administration, filed. Motion Docket Date 2/3/2021. (Attachments: # 1 Declaration of Mark Briggs, # 2 Exhibits to Briggs Declaration)(Rodriguez, Jimmy) (Entered: 01/13/2021)
2021-01-2018RESPONSE in Opposition to 17 MOTION for Summary Judgment , filed by Schlumberger Technology Coporation. (Attachments: # 1 Affidavit of Brandon Duke, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6 (Filed Under Seal))(Scofield, Denise) (Entered: 01/20/2021)
2021-01-2019SEALED EXHIBITS - Exhibit 6 re: 18 Response in Opposition to Motion, by Schlumberger Technology Coporation, filed. (Scofield, Denise) (Entered: 01/20/2021)
2021-01-2020Cross MOTION for Summary Judgment by Schlumberger Technology Coporation, filed. Motion Docket Date 2/10/2021. (Attachments: # 1 Affidavit of Brandon Duke, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6 (Filed Under Seal))(Scofield, Denise) (Entered: 01/20/2021)
2021-01-2021SEALED EXHIBITS - Exhibit 6 re: 20 Cross MOTION for Summary Judgment by Schlumberger Technology Coporation, filed. (Scofield, Denise) (Entered: 01/20/2021)
2021-01-2722NOTICE of Resolution by United States Department of Labor, Occupational Safety and Health Administration, filed. (Rodriguez, Jimmy) (Entered: 01/27/2021)
2021-01-27Motion Hearing set for February 5, 2021 at 9:00 AM is CANCELLED. (wbostic, 4) (Entered: 01/27/2021)
2021-02-0123CONDITIONAL ORDER OF DISMISSAL. Case terminated on 2/2/2021 (Signed by Magistrate Judge Andrew M Edison) Parties notified.(agould, 3) (Entered: 02/01/2021)
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by FOIA Project Staff
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