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Case TitleSLAUGHTER v. NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2023cv01406
Date Filed2023-05-17
Date ClosedOpen
JudgeJudge Tanya S. Chutkan
PlaintiffDUSTIN MICHAEL SLAUGHTER
Case DescriptionDustin Slaughter, a journalist, submitted a FOIA request to the National Oceanic and Atmospheric Administration for records concerning Unidentified Aerial Phenomena and Unidentified Undersea Phenomena. The agency acknowledged receipt of the request and told Slaughter that it had no responsive records. Slaughter filed an administrative appeal. After hearing nothing further from the agency, Slaughter filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Attorney's fees

DefendantNATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION
Documents
Docket
Complaint
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User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2023-05-171COMPLAINT against NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION ( Filing fee $ 402 receipt number ADCDC-10076051) filed by DUSTIN MICHAEL SLAUGHTER. (Attachments: # 1 Civil Cover Sheet, # 2 Summons NOAA, # 3 Summons USAG, # 4 Summons USAU-DC, # 5 Exhibit 101, # 6 Exhibit 102, # 7 Exhibit 103, # 8 Exhibit 104, # 9 Exhibit 105, # 10 Exhibit 106, # 11 Exhibit 107, # 12 Exhibit 108, # 13 Exhibit 109, # 14 Exhibit 110, # 15 Exhibit 111, # 16 Exhibit 112, # 17 Exhibit 113, # 18 Exhibit 114, # 19 Exhibit 115, # 20 Exhibit 116)(Sorenson, C.) (Entered: 05/17/2023)
2023-05-18Case Assigned to Judge Tanya S. Chutkan. (zljn) (Entered: 05/18/2023)
2023-05-182SUMMONS (3) Issued Electronically as to NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(zljn) (Entered: 05/18/2023)
2023-06-143NOTICE of Appearance by Stephen DeGenaro on behalf of NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION (DeGenaro, Stephen) (Entered: 06/14/2023)
2023-06-144Consent MOTION for Extension of Time to Respond to the Complaint by NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION. (Attachments: # 1 Text of Proposed Order)(DeGenaro, Stephen) (Entered: 06/14/2023)
2023-06-15MINUTE ORDER: Defendant's 4 Consent Motion for Extension of Time is hereby GRANTED. Defendant's Response to the Complaint is due July 24, 2023. Signed by Judge Tanya S. Chutkan on 6/15/2023. (lcja) (Entered: 06/15/2023)
2023-07-245ANSWER to Complaint by NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION.(DeGenaro, Stephen) (Entered: 07/24/2023)
2023-07-25MINUTE ORDER: Before the Court in this FOIA case are a complaint and an answer. The requirements of LCvR 16.3 and Rule 26(f) of the Federal Rules of Civil Procedure appear to be inapplicable. IT IS HEREBY ORDERED that the parties shall meet and confer and propose a schedule for proceeding in this matter. The schedule shall address the status of Plaintiff's FOIA request, the anticipated number of documents responsive to Plaintiff's FOIA request, the anticipated date(s) for release of the documents requested by Plaintiff, whether a motion for an Open America stay is likely in this case, whether a Vaughn index will be required in this case, whether and when either party anticipates filing a dispositive motion, and any other pertinent issues. The parties shall file a joint status report that addresses these issues no later than September 12, 2023. The joint status report shall be accompanied by a proposed order. Signed by Judge Tanya S. Chutkan on 7/25/2023. (lcja) (Entered: 07/25/2023)
2023-07-25Set/Reset Deadlines: Joint Status Report due by 9/12/2023 (lsj) (Entered: 07/25/2023)
2023-07-266RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION served on 5/23/2023, RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 5/24/2023., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 5/24/2023. ( Answer due for ALL FEDERAL DEFENDANTS by 6/23/2023.) (Sorenson, C.) (Entered: 07/26/2023)
2023-08-027MOTION for Summary Judgment by DUSTIN MICHAEL SLAUGHTER. (Attachments: # 1 Text of Proposed Order, # 2 Memorandum in Support, # 3 Declaration, # 4 Statement of Facts, # 5 Certification of Compliance with LR7(m))(Sorenson, C.) (Entered: 08/02/2023)
2023-08-168MOTION to Stay Briefing on Summary Judgment by NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION. (Attachments: # 1 Text of Proposed Order)(DeGenaro, Stephen) (Entered: 08/16/2023)
2023-08-17MINUTE ORDER: Plaintiff's 7 Motion for Summary Judgment is hereby DISMISSED without prejudice, and Defendant's 8 Motion to Stay Briefing on Summary Judgment is DENIED as MOOT. On July 25, 2023, the court ordered the parties to meet and confer and file a join status report in this FOIA action by September 12, 2023. See Minute Order, 07/25/2023. Among the issues to be ventilated in the report are "the status of Plaintiff's FOIA request, the anticipated number of documents responsive to Plaintiff's FOIA request, the anticipated date(s) for release of the documents requested by Plaintiff, whether a motion for an Open America stay is likely in this case, whether a Vaughn index will be required in this case, whether and when either party anticipates filing a dispositive motion, and any other pertinent issues." Id. Given that the parties have yet to comply with the court's order and Plaintiff has not demonstrated any urgency to proceed with dispositive briefing at this stage, his motion for summary judgment is premature. Signed by Judge Tanya S. Chutkan on 08/17/2023. (lcb) (Entered: 08/17/2023)
2023-09-129Joint STATUS REPORT by NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION. (Attachments: # 1 Text of Proposed Order)(DeGenaro, Stephen) (Entered: 09/12/2023)
2023-09-13MINUTE ORDER: The parties are hereby ORDERED to file a Joint Status Report on or before November 13, 2023, and every 30 days thereafter, to inform the Court of the status of Plaintiff's FOIA request. To the extent that the parties propose a change in the status quo the report shall be accompanied by a proposed order. Signed by Judge Tanya S. Chutkan on 9/13/2023. (lcb) (Entered: 09/13/2023)
2023-09-13Set/Reset Deadlines: Joint Status Report due by 11/13/2023. (nbn) (Entered: 09/13/2023)
2023-11-1310Joint STATUS REPORT by NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION. (DeGenaro, Stephen) (Entered: 11/13/2023)
2023-12-1311Joint STATUS REPORT by NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION. (DeGenaro, Stephen) (Entered: 12/13/2023)
2024-01-1212Joint STATUS REPORT by NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION. (DeGenaro, Stephen) (Entered: 01/12/2024)
2024-02-1213Joint STATUS REPORT by NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION. (DeGenaro, Stephen) (Entered: 02/12/2024)
2024-03-1214Joint STATUS REPORT by NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION. (DeGenaro, Stephen) (Entered: 03/12/2024)
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by FOIA Project Staff
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