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Case TitleOCEANA, INC. v. RAIMONDO et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2021cv00651
Date Filed2021-03-11
Date Closed2022-09-29
JudgeJudge Randolph D. Moss
PlaintiffOCEANA, INC.
Case DescriptionOceana, Inc submitted FOIA requests to the Department of Commerce and OMB for records concerning OMB's review of final rule RIN 0648-BG45. Both agencies acknowledged receipt of the request. Commerce provided 1,400 responsive records in interim responses. OMB located 10,000 responsive pages, which Oceana narrowed to 2,000. After hearing nothing further from either agency, Oceana filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Vaughn index, Litigation - Attorney's fees

DefendantGINA RAIMONDO in her official capacity as Secretary of Commerce
DefendantROB FAIRWEATHER in his official capacity as Acting Director of the Office of Management and Budget
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
Complaint attachment 7
Complaint attachment 8
Complaint attachment 9
Complaint attachment 10
Complaint attachment 11
Complaint attachment 12
Complaint attachment 13
Complaint attachment 14
Complaint attachment 15
Complaint attachment 16
Complaint attachment 17
Complaint attachment 18
Complaint attachment 19
Complaint attachment 20
Complaint attachment 21
Complaint attachment 22
Complaint attachment 23
Complaint attachment 24
Complaint attachment 25
Complaint attachment 26
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2021-03-111COMPLAINT against OCEANA, INC. Raimondo et al. ( Filing fee $ 402 receipt number ADCDC-8296266) filed by OCEANA, INC.. (Attachments: # 1 Civil Cover Sheet, # 2 Summons 1, # 3 Summons 2, # 4 Summons 3, # 5 Summons 4, # 6 Exhibit 1, # 7 Exhibit 2, # 8 Exhibit 3, # 9 Exhibit 4, # 10 Exhibit 5, # 11 Exhibit 6, # 12 Exhibit 7, # 13 Exhibit 8, # 14 Exhibit 9, # 15 Exhibit 10, # 16 Exhibit 11, # 17 Exhibit 12, # 18 Exhibit 13, # 19 Exhibit 14, # 20 Exhibit 15, # 21 Exhibit 16, # 22 Exhibit 17, # 23 Exhibit 18, # 24 Exhibit 19, # 25 Exhibit 20, # 26 Exhibit 21)(Werner, Paul) (Entered: 03/11/2021)
2021-03-112LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by OCEANA, INC. (Werner, Paul) (Entered: 03/11/2021)
2021-03-11Case Assigned to Judge Randolph D. Moss. (adh, ) (Entered: 03/11/2021)
2021-03-113SUMMONS (4) Issued Electronically as to ROB FAIRWEATHER, GINA RAIMONDO, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(adh, ) (Entered: 03/11/2021)
2021-03-114STANDING ORDER: The parties are hereby ORDERED to comply with the directives set forth in the attached Standing Order. See document for details. Signed by Judge Randolph D. Moss on 03/11/2021. (lcrdm1) (Entered: 03/11/2021)
2021-03-185MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Amanda Witt, Filing fee $ 100, receipt number ADCDC-8313886. Fee Status: Fee Paid. by OCEANA, INC.. (Attachments: # 1 Text of Proposed Order)(Werner, Paul) (Entered: 03/18/2021)
2021-03-18MINUTE ORDER: Upon consideration of Plaintiff's motion to admit Amanda Witt pro hac vice, Dkt. 5 , it is hereby ORDERED that the motion is DENIED in part and GRANTED in part. Ms. Witt has submitted that she engages in the practice of law from an office located in the District of Columbia, but she is not admitted to the Bar of this Court. Pursuant to LCvR 83.2(c), "[a]n attorney who engages in the practice of law from an office located in the District of Columbia must be a member of the District of Columbia Bar and the Bar of this Court to file papers in this Court." Therefore, the Court DENIES Ms. Witt leave to file papers pro hac vice in this case, unless and until she gains admission to this Court's Bar. As to Ms. Witt's appearing before the Court, LCvR 83.2(d) gives the Court discretion to grant such motions. Upon consideration of Ms. Witt's declaration in accordance with LCvR 83.2(d), the Court GRANTS Ms. Witt permission to appear in court in this case. Subject to these limitations, Amanda Witt is hereby granted leave to appear pro hac vice. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to to LCvR 83.6(a)/LCrR 44.5(a). Click for Instructions . Signed by Judge Randolph D. Moss on 03/18/2021. (lcrdm1) (Entered: 03/18/2021)
2021-03-246NOTICE of Appearance by Dedra Seibel Curteman on behalf of All Defendants (Curteman, Dedra) (Entered: 03/24/2021)
2021-04-017RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 3/18/2021. Answer due for ALL FEDERAL DEFENDANTS by 4/17/2021. (Attachments: # 1 Affidavit)(Werner, Paul) (Entered: 04/01/2021)
2021-04-018RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 03/18/2021. (Attachments: # 1 Affidavit)(Werner, Paul) (Entered: 04/01/2021)
2021-04-019RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. GINA RAIMONDO served on 3/17/2021 (Attachments: # 1 Affidavit)(Werner, Paul) (Entered: 04/01/2021)
2021-04-0110RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. ROB FAIRWEATHER served on 3/23/2021 (Attachments: # 1 Affidavit)(Werner, Paul) (Entered: 04/01/2021)
2021-04-1911ANSWER to Complaint by ROB FAIRWEATHER, GINA RAIMONDO.(Curteman, Dedra) (Entered: 04/19/2021)
2021-04-19MINUTE ORDER: It is ORDERED that, on or before May 12, 2021, the parties shall confer and file a joint status report addressing (1) any documents still to be produced pursuant to FOIA; (2) an anticipated schedule for processing and producing any such documents; and (3) any substantive areas of disagreement between the parties. It is FURTHER ORDERED that the parties shall appear telephonically for an Initial Scheduling Conference on May 19, 2021 at 2:00 p.m, before Judge Randolph D. Moss. The parties can obtain a teleconference number and access code from the deputy clerk prior to the conference. Signed by Judge Randolph D. Moss on 04/19/2021. (lcrdm1) (Entered: 04/19/2021)
2021-04-2012NOTICE of Appearance by Amanda Witt on behalf of OCEANA, INC. (Witt, Amanda) (Entered: 04/20/2021)
2021-04-2113Consent MOTION for Extension of Time to Hold Initial Scheduling Conference by OCEANA, INC.. (Attachments: # 1 Text of Proposed Order)(Werner, Paul) (Entered: 04/21/2021)
2021-04-22MINUTE ORDER: Upon consideration of Plaintiff's consent motion for extension of time, Dkt. 13 , it is hereby ORDERED that the motion is GRANTED. The Initial Scheduling Conference previously set for May 19, 2021 is hereby VACATED and RESCHEDULED for 10:30 a.m. on June 2, 2021, to take place telephonically. The parties may obtain a teleconference number and access code from the Deputy Clerk of Court. Signed by Judge Randolph D. Moss on 04/22/2021. (lcrdm1) (Entered: 04/22/2021)
2021-05-1214Joint STATUS REPORT by OCEANA, INC.. (Werner, Paul) (Entered: 05/12/2021)
2021-05-13MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 14 , it is hereby ORDERED that that the parties shall meet and confer following Defendants' production and file a status report on or before July 6, 2021. It is further ORDERED that the Initial Scheduling Conference previously set for June 2, 2021 is VACATED and RESCHEDULED for 10:00 a.m. on July 13, 2021, to take place telephonically. The parties may obtain a teleconference number and access code from the Deputy Clerk of Court. Signed by Judge Randolph D. Moss on 05/13/2021. (lcrdm1) (Entered: 05/13/2021)
2021-07-0615Joint STATUS REPORT by ROB FAIRWEATHER, GINA RAIMONDO. (Curteman, Dedra) (Entered: 07/06/2021)
2021-07-06MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 15 , it is hereby ORDERED that the parties shall file a further joint status report on or before August 6, 2021 addressing whether the parties have resolved the issues raised in their July 6, 2021 status report and other disputes regarding the FOIA request at issue. It is further ORDERED that the scheduling conference set for July 13, 2021 is VACATED. Signed by Judge Randolph D. Moss on 07/06/2021. (lcrdm1) (Entered: 07/06/2021)
2021-08-0616Joint STATUS REPORT by OCEANA, INC.. (Werner, Paul) (Entered: 08/06/2021)
2021-08-11MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 16 , it is hereby ORDERED that the parties shall file a further joint status report on or before October 4, 2021, addressing (1) whether the parties have resolved the issues raised in their August 6, 2021, status report and (2) whether any substantive areas of disagreement between the parties remain. Signed by Judge Randolph D. Moss on 08/11/21. (lcrdm1) (Entered: 08/11/2021)
2021-10-0417Joint STATUS REPORT by ROB FAIRWEATHER, GINA RAIMONDO. (Curteman, Dedra) (Entered: 10/04/2021)
2021-10-05MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 17 , it is hereby ORDERED that the parties shall file a further joint status report on or before November 19, 2021. Signed by Judge Randolph D. Moss on 10/05/2021. (lcrdm1) (Entered: 10/05/2021)
2021-11-1918Joint STATUS REPORT by OCEANA, INC.. (Werner, Paul) (Entered: 11/19/2021)
2021-11-24MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 18 , it is hereby ORDERED that the parties shall file a further joint status report on or before January 3, 2022, proposing next steps in this litigation. Signed by Judge Randolph D. Moss on 11/24/2021. (lcrdm1) (Entered: 11/24/2021)
2022-01-0319Joint STATUS REPORT by ROB FAIRWEATHER, GINA RAIMONDO. (Curteman, Dedra) (Entered: 01/03/2022)
2022-01-03MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 19 , it is hereby ORDERED that the parties shall file a further joint status report on or before February 1, 2022. Signed by Judge Randolph D. Moss on 1/3/2022. (lcrdm1) (Entered: 01/03/2022)
2022-02-0120Joint STATUS REPORT by OCEANA, INC.. (Werner, Paul) (Entered: 02/01/2022)
2022-02-04MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 20 , it is hereby ORDERED that the parties shall file a further joint status report on or before March 3, 2022. Signed by Judge Randolph D. Moss on 2/4/2022. (lcrdm1) (Entered: 02/04/2022)
2022-03-0321Joint STATUS REPORT by OCEANA, INC.. (Werner, Paul) (Entered: 03/03/2022)
2022-03-04MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 21 , it is hereby ORDERED that the parties shall file a further joint status report on or before May 2, 2022. Signed by Judge Randolph D. Moss on 3/4/2022. (lcrdm1) (Entered: 03/04/2022)
2022-05-0222Joint STATUS REPORT by OCEANA, INC.. (Werner, Paul) (Entered: 05/02/2022)
2022-05-03MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 22 , it is hereby ORDERED that the parties shall file a further joint status report on or before June 1, 2022. Signed by Judge Randolph D. Moss on 5/3/2022. (lcrdm1) (Entered: 05/03/2022)
2022-06-0123Joint STATUS REPORT by OCEANA, INC.. (Werner, Paul) (Entered: 06/01/2022)
2022-06-02MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 23 , it is hereby ORDERED that the parties shall file a further joint status report on or before July 1, 2022. Signed by Judge Randolph D. Moss on 6/2/2022. (lcrdm1) (Entered: 06/02/2022)
2022-07-0124Joint STATUS REPORT by OCEANA, INC.. (Werner, Paul) (Entered: 07/01/2022)
2022-07-05MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 24 , it is hereby ORDERED that the parties shall file a further joint status report on or before August 31, 2022. Signed by Judge Randolph D. Moss on 7/5/2022. (lcrdm1) (Entered: 07/05/2022)
2022-08-3125Joint STATUS REPORT by ROB FAIRWEATHER, GINA RAIMONDO. (Curteman, Dedra) (Entered: 08/31/2022)
2022-08-31MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 25 , it is hereby ORDERED that the parties shall file a further joint status report on or before September 30, 2022. Signed by Judge Randolph D. Moss on 08/31/2022. (lcrdm1) (Entered: 08/31/2022)
2022-09-2726STIPULATION of Dismissal by ROB FAIRWEATHER, GINA RAIMONDO. (Curteman, Dedra) (Entered: 09/27/2022)
2022-09-29MINUTE ORDER: In light of the parties' stipulation of dismissal, Dkt. 26 , it is hereby ORDERED that the case is DISMISSED with prejudice pursuant to Federal Rule of Civil Procedure 41(a). The Clerk of Court is directed to terminate the case. Signed by Judge Randolph D. Moss on 09/29/2022. (lcrdm1) (Entered: 09/29/2022)
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