Case Detail

FOIA Project Annotation: A federal court in Oregon has ruled that, while the Commerce Department did not do a very good job in responding to several FOIA requests from the Oregon Natural Desert Association within the statutory time limits, its regulations on referrals of requests to other agencies did not play a major role in prolonging response times. The court also found that the agency's cut-off date policy for searching for records responsive to a request was questionable, but concluded that the record was inadequate to make a ruling and deferred doing so until the agency provided more information. ONDA made several requests to NOAA Fisheries on the effect of livestock grazing on Upper Columbia River Steelhead and Middle Columbia River Steelhead. NOAA wrote to ONDA that biological assessments should be requested from the originating agencies. ONDA wrote back, protesting NOAA's characterization that the biological assessments were not its records. NOAA then referred parts of the requests to the Bureau of Land Management, the Forest Service, and the Fish and Wildlife Service for direct response to the requester, although NOAA did not tell ONDA that it was doing so. ONDA then received responses piecemeal from various agencies without any specific reference to the original request. ONDA sued, claiming that NOAA's policies were inconsistent with FOIA and had caused inappropriate delays. The court rejected NOAA's claim that the case was moot, even though ONDA had by this time received most of what it had requested, because the problems caused by the inherent delays were likely to continue in the future. Turning to the referral issue, the court noted that "the complexity of the response which ONDA had to sort through concerns me, however. Once documents are referred to other agencies, the responses are not funneled back through the Commerce component. Thus, ONDA was getting responses, released documents, and withheld documents from four agencies instead of one. These agencies also responded in piecemeal fashion in releasing their documents." But the court observed that "although the confusion is bothersome, I believe that requiring the responses from the other agencies to funnel back through Commerce would only increase the time required to get the records. There is also no evidence that consultation with the other agencies, rather than a complete referral, would shorten the response time." The court indicated that "over six months occurred prior to the first referral but documents started being released only a month later. The delays occurred within NOAA Fisheries and were not the result of the referral regulation." As to a cut-off date for searches, the court was cautious, pointing out that "I agree that some cut-off date is likely needed, if for no other reason than to let the requester track whether to submit a follow-up request. It is unclear to me, however, whether most of the time between the request and the response, or multiple responses as occurred here, is spent actually searching. It is possible that the request is awaiting its turn for processing during the vast majority of the months that pass. I also do not understand how much complication arises when searches must be performed by multiple components of the agency. Similarly, I do not know why responses came out in dribs and drabs rather than all at once. Although it seems to me that a later cut-off date could be used, I am suspicious that the process is more complicated than I envision based on the record before me."
Issues: Search - Referral, Adequacy - Search

FOIA Project Annotation: A federal court in Oregon has found the Commerce Department's further explanations for why it took the agency so long to respond to several requests by the Oregon Natural Desert Association are still inadequate and has ruled in favor of ONDA. ONDA's suit challenged the agency's regulation that records would be searched as of the date of the request rather than as of the date when the search actually took place. In its earlier decision, the court indicated that it did not have enough information about how requests were processed to make a decision on whether or not Commerce's date-of-request cut-off was appropriate. After further explanations of how ONDA's requests were processed, the court was still confused and observed that "the additional information is helpful but still does not give me a complete picture of what is happening during the extended period of time to respond to the first ONDA request. For example, although the cut-off date was April 30, 2004, [the FOIA officer] did not receive the response records until mid-August 2004. [The FOIA officer] states that there were no backlogs adding to the response time. I still do not know, however, if the actual searches in the three branch offices are each a one-hour session at a computer or if the full three and one-half months are spent by a clerk rummaging through file cabinets. If it is the latter, the cut-off date regulation is reasonable. If it is the former, however, and the computer search takes place the day prior to sending the documents to [the FOIA officer] in mid-August, defendants have not persuaded me that they have fulfilled their obligation to conduct a reasonably thorough investigation." The court added that "I also have no idea what occurred between August 18 [when some documents were sent to ONDA] and October 6 [when more documents were sent to ONDA]. Was [the FOIA officer] waiting for input from somebody or did she give her attention to other FOIA requests?" The court concluded that "the cut-off regulation is not reasonable on its face and violates FOIA."
Issues: Litigation - Vaughn index

FOIA Project Annotation: A federal court in Oregon has awarded the Oregon Natural Desert Association attorney's fees in its lawsuit challenging the Commerce Department's cut-off date procedures for searches and referrals. The agency claimed that ONDA did not reach the threshold to qualify as having substantially prevailed under Buckhannon because the court did not order the disclosure of any additional records. But the court noted that "it is true that I did not require the release of additional documents but I did reach the merits of the claims. I held that defendants failed to make a timely determination, resulting in an improper withholding under FOIA. This is more than a procedural victory and satisfies Buckhannon." The court found ONDA had only partially prevailed and reduced its award request by 15 percent. The court allowed ONDA's claims for time spent at the administrative level and in making discovery requests. However, it reduced the amount of time a law student spent researching legal issues. Finding that the lead attorney's hourly rate of $160 was reasonable, the court awarded ONDA nearly $47,000.
Issues: Litigation - Attorney's fees - Prevailing party

Date Filed	Doc #	Docket Text
2005-02-14	1	Complaint. Filing Fee in amount of $250.00 collected. Receipt No. 1846 issued. Summons issued as to Defendants.Filed by Oregon Natural Desert Association against Donald L Evans, William T Hogarth, National Marine Fisheries Service.(pvh, ) (Entered: 02/14/2005)
2005-02-14	2	Discovery and Pretrial Scheduling Order and Notice of Case Assignment to the Honorable Garr M. King. Discovery to be completed by 6/14/2005. Joint Alternate Dispute Resolution Report due by 7/14/2005.Pretrial Order due by 7/14/2005. Ordered by Judge Garr M. King. (pvh, ) (Entered: 02/14/2005)
2005-02-14	3	Corporate Disclosure Statement. Filed by Oregon Natural Desert Association. (pvh, ) (Entered: 02/14/2005)
2005-02-15	4	Certificate of Service by all plaintiffs. Filed by all plaintiffs. (Lacy, Peter) (Entered: 02/15/2005)
2005-02-18	5	Notice of Filing of First Amended Complaint . Filed by Peter Macnamara Lacy appearing on behalf of all plaintiffs.(Lacy, Peter) (Entered: 02/18/2005)
2005-02-18	6	First Amended Complaint.Filed by Oregon Natural Desert Association against all defendants.(Lacy, Peter) (Entered: 02/18/2005)
2005-02-18	7	Certificate of Service by all plaintiffs re Notice 5 , Amended Complaint 6 . Filed by all plaintiffs. (Lacy, Peter) (Entered: 02/18/2005)
2005-03-23	8	Assented to Motion to Approve the Parties' Agreement Regarding the Date for Defendant to Respond to the Complaint. Filed by Donald L Evans, William T Hogarth, National Marine Fisheries Service. (mja, ) (Entered: 03/24/2005)
2005-03-24	9	ORDER - Granting Defendants' Assented to Motion to Approve the Parties' Agreement Regarding the Date for Defendants to Respond to the Complaint 8 up to and including 4/7/2005. Ordered by Judge Garr M. King. (mja, ) (Entered: 03/24/2005)
2005-04-05	10	Answer to Amended Complaint. Filed by Donald L Evans, William T Hogarth, National Marine Fisheries Service.(Wechsler, Peter) (Entered: 04/05/2005)
2005-05-10	11	Return of Service of summons and complaint. Service executed upon Donald L. Evans, Secretary of Commerce on Feb. 22, 2005. Filed by all plaintiffs. (Lacy, Peter) (Entered: 05/10/2005)
2005-05-10	12	Return of Service of summons and complaint. Service executed upon William T. Hogarth, Director, NOAA Fisheries on Feb. 22, 2005. Filed by all plaintiffs. (Lacy, Peter) (Entered: 05/10/2005)
2005-05-10	13	Return of Service of summons and complaint. Service executed upon Karin J. Immergut, U.S. Attorney for the District of Oregon on Feb. 16, 2005. Filed by all plaintiffs. (Lacy, Peter) (Entered: 05/10/2005)
2005-05-10	14	Return of Service of summons and complaint. Service executed upon Alberto R. Gonzales, Attorney General on Feb. 22, 2005. Filed by all plaintiffs. (Lacy, Peter) (Entered: 05/10/2005)
2005-05-10	15	Joint Motion to Set Briefing Schedule . Filed by all plaintiffs. (Lacy, Peter) (Entered: 05/10/2005)
2005-05-12	16	ORDER - Granting the parties' Joint Motion to Set a Briefing Schedule 15 as follows: Defendants' dispositive motions are due 6/14/2005. Plaintiff's responses and cross-dispositive motions are due 7/12/2005. Defendants' reply/response due 8/5/2005. Plaintiff's reply due 8/30/2005. Setting Oral Argument for 10/12/2005 at 01:00PM in Portland, Courtroom 9A, before Judge Garr M. King. Ordered by Judge Garr M. King. (mja, ) (Entered: 05/12/2005)
2005-06-09	17	Motion to Dismiss Complaint . Filed by all defendants. (Wechsler, Peter) (Entered: 06/09/2005)
2005-06-09	18	Memorandum in Support of motion to dismiss . Filed by all defendants. (Attachments: # 1 table of contents and table of cases# 2 # 3 # 4 # 5 # 6 # 7 # 8 )(Wechsler, Peter) (Entered: 06/09/2005)
2005-07-11	19	Motion for Summary Judgment. Filed by all plaintiffs. (Lacy, Peter) (Entered: 07/11/2005)
2005-07-11	20	Concise Statement of Material Fact. Filed by all plaintiffs. (Related document(s): Motion for Summary Judgment 19 .)(Lacy, Peter) (Entered: 07/11/2005)
2005-07-11	21	Memorandum in Support of Plaintiff's Motion for Summary Judgment and in Response to Defendants' Motion to Dismiss . Filed by all plaintiffs. (Related document(s): Motion to Dismiss 17 , Motion for Summary Judgment 19 .) (Attachments: # 1 Exhibit 1# 2 Exhibit 2)(Lacy, Peter) (Entered: 07/11/2005)
2005-07-11	22	Declaration of Bill Marlett. Filed by all plaintiffs. (Related document(s): Motion to Dismiss 17 , Motion for Summary Judgment 19 .) (Attachments: # 1 Attachment 1)(Lacy, Peter) (Entered: 07/11/2005)
2005-07-11	23	Declaration of Peter M. Lacy. Filed by all plaintiffs. (Related document(s): Motion to Dismiss 17 , Motion for Summary Judgment 19 .)(Lacy, Peter) (Entered: 07/11/2005)
2005-08-05	24	Response in Opposition to Motion for Summary Judgment 19 . Filed by all defendants. (Attachments: # 1 Index table of contents and cases# 2 second hill declaration)(Wechsler, Peter) (Entered: 08/05/2005)
2005-08-30	25	Reply to Motion for Summary Judgment 19 . Filed by all plaintiffs.(Lacy, Peter) (Entered: 08/30/2005)
2005-08-30	26	Second Declaration of Peter M. Lacy. Filed by all plaintiffs. (Related document(s): Reply to Motion 25 .) (Attachments: # 1 Attachment 1# 2 Attachment 2# 3 Attachment 3)(Lacy, Peter) (Entered: 08/30/2005)
2005-10-12	27	CIVIL MINUTES: Record of time set for Oral Argument: Order - Defendants' counsel having failed to appear, this hearing is cancelled. Plaintiff is directed to confer with defendant and contact the court to reschedule this matter if a hearing is desired.. Peter Lacy and Stephanie Parent present as counsel for plaintiff(s). Court Reporter: Nancy Walker. Garr M. King presiding. (mja, ) (Entered: 10/12/2005)
2005-10-14	28	Notice re Motion Hearing, 27 . Filed by Peter Macnamara Lacy appearing on behalf of all plaintiffs. (Related document(s): Motion Hearing, 27 .)(Lacy, Peter) (Entered: 10/14/2005)
2005-10-18	29	CIVIL MINUTES: Record of Order - Setting Oral Argument on Defendants' Motion to Dismiss Complaint 17 and Plaintiff's Motion for Summary Judgment 19 for 11/14/2005 at 02:30PM in Portland, Courtroom 9A, before Judge Garr M. King. Out of town attorneys may appear by phone if they wish. Please contact Mary Austad at (503) 326-8034 with contact information. Ordered by Judge Garr M. King. (mja, ) (Entered: 10/18/2005)
2005-11-14	30	CIVIL MINUTES: Record of Oral Argument: Order - Defendants' Motion to Dismiss Complaint 17 and Plaintiff's Motion for Summary Judgment 19 are taken UNDER ADVISEMENT this date. Peter Macnamara Lacy and Stephanie Parent present as counsel for plaintiff(s). Peter T. Wechsler present as counsel for defendant(s). Court Reporter: Nancy Walker. Garr M. King presiding. (mja, ) (Entered: 11/14/2005)
2005-12-15	31	Notice of Subsequent Factual Development . Filed by Peter Macnamara Lacy appearing on behalf of all parties. (Attachments: # 1 Attachment 1)(Lacy, Peter) (Entered: 12/15/2005)
2006-01-09	32	OPINION AND ORDER. Defendants' Motion to Dismiss the Amended Complaint (#17) is granted in part. Plaintiff's Motion for Summary Judgment (#19) is granted in part. A status conference will be held shortly to discuss how to proceed. IT IS SO ORDERED. Signed on 01/09/06 by Judge Garr M. King. (pvh, ) (Entered: 01/09/2006)
2006-01-09	33	Scheduling Order by Garr M. King. Order - Setting a Telephone Status Conference to schedule resolution of the pending cut-off regulation issue for for 1/25/2006 at 01:00PM. The court will initiate the call to the following parties: Peter Macnamara Lacy (503) 525-0193, Stephanie M. Parent (503) 768-6736, Herbert C. Sundby (503) 727-1026, and Peter T. Wechsler (202) 514-2705. Ordered by Judge Garr M. King. (mja, ) (Entered: 01/09/2006)
2006-01-25	34	MINUTES of Telephone Conference: Order - Resolution of the pending cut-off regulation issues discussed as stated on the record. Defendants' declarations are due by 2/6/2006. Plaintiff's response due by 2/16/2006. Peter Lacy and Stephanie Parent present as counsel for plaintiff(s). Peter Wechsler present as counsel for defendant(s). Court Reporter: Dennis Grube. Garr M. King presiding. (mja, ) (Entered: 01/26/2006)
2006-02-03	35	Declaration of Nicolle Hill. Filed by all defendants. (Related document(s): Motion to Dismiss 17 .)(Wechsler, Peter) (Entered: 02/03/2006)
2006-02-16	36	Brief in Response to Third Hill Declaration and in Support of Motion for Summary Judgment (Fourth Claim) . Filed by all plaintiffs. (Related document(s): Motion for Summary Judgment 19 , Motion to Dismiss 17 .)(Lacy, Peter) (Entered: 02/16/2006)
2006-03-02	37	Opinion and Order. ONDA is entitled to both declarative and injunctive relief. I ask the parties to confer on the exact relief to be ordered. I will hold a status conference in the near future on that topic. IT IS SO ORDERED. Signed on 03/02/06 by Judge Garr M. King. (pvh, ) (Entered: 03/02/2006)
2006-03-02	38	Scheduling Order by Garr M. King. Order - Pursuant to the Opinion and Order filed in this matter on 3/2/2006, the court is setting a Telephone Conference for 3/15/2006 at 09:45AM. The court will initiate the call to the following parties: The court will initiate the call to the following parties: Peter Macnamara Lacy (503) 525-0193, Stephanie M. Parent (503) 768-6736, Herbert C. Sundby (503) 727-1026, and Peter T. Wechsler (202) 514-2705. Ordered by Judge Garr M. King. (mja, ) (Entered: 03/02/2006)
2006-03-15	39	MINUTES of Telephone Conference: Order - Status of case discussed as stated on the record. The parties are to submit their respective positions regarding declaratory and injunctive relief by 4/3/2006. Peter Lacy present as counsel for plaintiff(s). Peter Weshsler present as counsel for defendant(s). Court Reporter: Dennis Grube. Garr M. King presiding. (mja, ) (Entered: 03/15/2006)
2006-03-21	40	Notice of Attorney Substitution: of Local Counsel .Filed by all defendants.(Simmons, Timothy) (Entered: 03/21/2006)
2006-04-03	41	Proposed Form of Order Submitted. Filed by all defendants. (Wechsler, Peter) (Entered: 04/03/2006)
2006-04-03	42	Brief Regarding Declaratory and Injunctive Relief . Filed by all plaintiffs. (Related document(s): Scheduling Conference, 39 .) (Attachments: # 1 Attachment [Proposed] Order# 2 Exhibit 101)(Lacy, Peter) (Entered: 04/03/2006)
2006-04-07	43	Response in Opposition to Plaintiff's Brief re Relief . Filed by all defendants.(Wechsler, Peter) (Entered: 04/07/2006)
2006-04-07	44	Motion to Strike Response in Opposition to Motion 43 . Filed by all plaintiffs. (Lacy, Peter) (Entered: 04/07/2006)
2006-04-07	45	Memorandum in Support. Filed by all plaintiffs. (Related document(s): Motion to Strike 44 .)(Lacy, Peter) (Entered: 04/07/2006)
2006-04-07	46	Response to Motion to Strike 44 . Filed by all defendants.(Wechsler, Peter) (Entered: 04/07/2006)
2006-04-24	47	Judgment . Signed on 04/24/06 by Judge Garr M. King. (pvh, ) (Entered: 04/25/2006)
2006-04-28	48	Unopposed Motion for Extension of Time. Filed by all plaintiffs. (Lacy, Peter) (Entered: 04/28/2006)
2006-05-01	49	ORDER - Granting Plaintiff's Unopposed Motion to Extend Time to File Costs/Fees Motion Under Rule 54 48 up to and in cluding 6/22/2006. Ordered by Judge Garr M. King. (mja, ) (Entered: 05/01/2006)
2006-06-20	50	Motion for Extension of Time and Extension of Page Limit . Expedited Ruling requested Filed by all plaintiffs. (Lacy, Peter) (Entered: 06/20/2006)
2006-06-20	51	Memorandum in Support. Filed by all plaintiffs. (Related document(s): Motion for Extension of Time 50 .)(Lacy, Peter) (Entered: 06/20/2006)
2006-06-22	52	ORDER - Plaintiff's Motion to Extend Time and to Extend Page Limit 50 is GRANTED. Plaintiff's Motion for Attorney's Fees and Costs is due by 6/30/2006. The page limit for both parties' briefs is extended to 22 pages. Ordered by Judge Garr M. King. (mja, )Presiding Judge: King, Garr M. (mja, ) (Entered: 06/22/2006)
2006-06-28	53	Motion for Attorney Fees and Costs . Filed by all plaintiffs. (Lacy, Peter) (Entered: 06/28/2006)
2006-06-28	54	Memorandum in Support. Filed by all plaintiffs. (Related document(s): Motion for attorney fees 53 .)(Lacy, Peter) (Entered: 06/28/2006)
2006-06-28	55	Third Declaration of Peter M. Lacy. Filed by all plaintiffs. (Related document(s): Motion for attorney fees 53 .) (Attachments: # 1 Exhibit A)(Lacy, Peter) (Entered: 06/28/2006)
2006-06-28	56	Declaration of Stephanie M. Parent. Filed by all plaintiffs. (Related document(s): Motion for attorney fees 53 .)(Lacy, Peter) (Entered: 06/28/2006)
2006-06-28	57	Declaration of David A. Bahr. Filed by all plaintiffs. (Related document(s): Motion for attorney fees 53 .)(Lacy, Peter) (Entered: 06/28/2006)
2006-06-28	58	Declaration of Gary K. Kahn. Filed by all plaintiffs. (Related document(s): Motion for attorney fees 53 .)(Lacy, Peter) (Entered: 06/28/2006)
2006-06-28	59	Declaration of Christopher Winter. Filed by all plaintiffs. (Related document(s): Motion for attorney fees 53 .)(Lacy, Peter) (Entered: 06/28/2006)
2006-06-28	60	Second Declaration of Bill Marlett. Filed by all plaintiffs. (Related document(s): Motion for attorney fees 53 .)(Lacy, Peter) (Entered: 06/28/2006)
2006-06-30	61	Unopposed Motion for Extension of Time to File a Response/Reply to Motion for attorney fees 53 . Filed by all defendants. (Wechsler, Peter) (Entered: 06/30/2006)
2006-06-30	62	ORDER - Granting Defendants' Assented to Motion for Extension of Time 61 . Defendants' Response to Plaintiff's Motion for Attorney's Fees is due by 7/18/2006. Ordered by Judge Garr M. King. (mja, ) (Entered: 06/30/2006)
2006-07-17	63	Memorandum in Opposition to Fee Petition . Filed by all defendants.(Wechsler, Peter) (Entered: 07/17/2006)
2006-07-21	64	Reply to Motion for Attorney Fees and Costs 53 . Filed by all plaintiffs.(Lacy, Peter) (Entered: 07/21/2006)
2006-07-21	65	Fourth Declaration of Peter M. Lacy. Filed by all plaintiffs. (Related document(s): Motion for attorney fees 53 .) (Attachments: # 1 Exhibit B# 2 Exhibit C)(Lacy, Peter) (Entered: 07/21/2006)
2006-08-09	66	OPINION AND ORDER: Based on the 12 page Opinion and Order, the Court Grants in Part Plaintiff's Motion for Attorney Fees 53 in the amount of $46,889.02. See order. Signed on 8/7/06 by Judge Garr M. King. (ljl) (Entered: 08/09/2006)
2006-09-28	67	Notice of Appeal to the 9th Circuit from Order on motion for attorney fees 66 . Filed by all defendants. (Related Document(s): Order on motion for attorney fees 66 ) (Wechsler, Peter) (Entered: 09/28/2006)
2006-09-28	68	Representation Statement re Notice of Appeal 67 . Filed by all defendants. (Related Document(s): Notice of Appeal 67 ) (Attachments: # 1 # 2 ) (Wechsler, Peter) (Entered: 09/28/2006)
2006-09-28		Notification of Appeal 67 sent to USCA for the 9th Circuit and to counsel along with a copy of the docket sheet. Copy of CADS mailed to Court of Appeals. (Related Document(s): Notice of Appeal 67 ) (tomg) (Entered: 09/28/2006)
2006-10-12		Notice confirming Docketing Record on Appeal re Notice of Appeal 67 Case Appealed to Ninth Circuit Case Number 06-35851 assigned. (Related Document(s): Notice of Appeal 67 ) (pvh) (Entered: 10/13/2006)
2006-10-13	69	Time Schedule Order from USCA for the 9th Circuit re [06-35851] Notice of Appeal 67 . (Related Document(s): Notice of Appeal 67 ) (pvh) (Entered: 10/13/2006)
2007-04-02	70	Notice re: Circuit Rule 11-2 notification regarding Transcript Order for Notice of Appeal 67 .Filed by Donald L Evans. (tomg) (Entered: 05/31/2007)
2009-09-30	73	MANDATE of USCA for the 9th Circuit re Notice of Appeal CA 06-35851 67 : The decision of the District Court is AFFIRMED in part; REVERSED in part; and REMANDED. (Attachments: # 1 Attachment Opinion) (tomg) (Entered: 10/08/2009)
2009-10-01	74	Order from USCA for the 9th Circuit re Notice of Appeal CA 06-35851 67 : ONDA's application for appellate attorney fees is transferred to the district court. (tomg) (Entered: 10/08/2009)
2009-10-06	71	Motion for Extension of Time to File Motion/Request for Attorneys Fees . Filed by Oregon Natural Desert Association. (Lacy, Peter) (Entered: 10/06/2009)
2009-10-07	72	ORDER - Granting Plaintiff's Motion for Extension of Time to File Motion/Request for Attorneys Fees 71 up to and including 11/5/2009. Ordered by Judge Garr M. King. (mja) (Entered: 10/07/2009)
2009-10-14	75	Order - Setting a Telephone Conference to discuss the Mandate from the Ninth Circuit for 10/27/2009 at 11:30AM. The Court will initiate the call. Ordered by Judge Garr M. King. (mja) (Entered: 10/14/2009)
2009-10-27	76	MINUTES of Telephone Status Conference: Order - Status of case discussed as stated on the record. Plaintiff's oral motion to file brief in excess pages is granted. Both parties may fo file up to and including 20 pages. Peter Macnamara Lacy present as counsel for plaintiff(s). Peter Wechsler present as counsel for defendant(s). Court Reporter: Cheryl Vorhees. Judge Garr M. King presiding. (mja) (Entered: 10/27/2009)
2009-11-03	77	Unopposed Motion for Extension of Time. Expedited Ruling Requested requested. Filed by all plaintiffs. (Lacy, Peter) (Entered: 11/03/2009)
2009-11-04	78	ORDER - Granting Plaintiff's Unopposed Motion for Extension of Time 77 as follows: Plaintiff shall file its amended fee petition by 11/13/2009. Defendants shall file a response by 12/4/2009. Plaintiff shall file a reply by 12/18/2009. Ordered by Judge Garr M. King. (mja) (Entered: 11/04/2009)
2009-11-13	79	Motion for Attorney Fees (Amended) . Filed by all plaintiffs. (Lacy, Peter) (Entered: 11/13/2009)
2009-11-13	80	Memorandum in Support. Filed by all plaintiffs. (Related document(s): Motion for Attorney Fees 79 .) (Attachments: # 1 Exhibit 1) (Lacy, Peter) (Entered: 11/13/2009)
2009-11-13	81	Fifth Declaration of Peter M. Lacy. Filed by all plaintiffs. (Related document(s): Motion for Attorney Fees 79 .) (Attachments: # 1 Attachment A (time and expense sheets)) (Lacy, Peter) (Entered: 11/13/2009)
2009-11-13	82	Second Declaration of Stephanie M. Parent. Filed by all plaintiffs. (Related document(s): Motion for Attorney Fees 79 .) (Lacy, Peter) (Entered: 11/13/2009)
2009-11-13	83	Declaration of David H. Becker. Filed by all plaintiffs. (Related document(s): Motion for Attorney Fees 79 .) (Lacy, Peter) (Entered: 11/13/2009)
2009-11-13	84	Second Declaration of David A. Bahr. Filed by all plaintiffs. (Related document(s): Motion for Attorney Fees 79 .) (Lacy, Peter) (Entered: 11/13/2009)
2009-11-13	85	Second Declaration of Gary K. Kahn. Filed by all plaintiffs. (Related document(s): Motion for Attorney Fees 79 .) (Lacy, Peter) (Entered: 11/13/2009)
2009-11-13	86	Second Declaration of Christopher Winter. Filed by all plaintiffs. (Related document(s): Motion for Attorney Fees 79 .) (Lacy, Peter) (Entered: 11/13/2009)
2009-11-13	87	Declaration of Brent Fenty. Filed by all plaintiffs. (Related document(s): Motion for Attorney Fees 79 .) (Lacy, Peter) (Entered: 11/13/2009)
2009-11-17	88	Supplement to Fifth Declaration of Peter M. Lacy . Filed by all plaintiffs. (Related document(s): Motion for Attorney Fees 79 .) (Attachments: # 1 Attachment A) (Lacy, Peter) (Entered: 11/17/2009)
2009-11-23	89	Notice of Attorney Withdrawal: Stephanie M. Parent Filed by all plaintiffs (Parent, Stephanie) (Entered: 11/23/2009)
2009-12-01	90	Memorandum in Opposition to Motion for Attorney Fees (Amended) 79 . Filed by all defendants. (Attachments: # 1 Exhibit A (Appellate Docket)) (Wechsler, Peter) (Entered: 12/01/2009)
2009-12-11	91	Reply to Motion for Attorney Fees (Amended) 79 . Filed by all plaintiffs. (Lacy, Peter) (Entered: 12/11/2009)
2009-12-11	92	Declaration of Peter M. Lacy (Sixth) . Filed by all plaintiffs. (Related document(s): Reply to Motion 91 .) (Attachments: # 1 Attachment A (time and expense sheets)) (Lacy, Peter) (Entered: 12/11/2009)
2010-01-05	93	Opinion and Order - Plaintiff's Amended Motion for Attorney Fees and Costs 79 is granted in part. I award $42,190.86. Signed on 1/5/2010 by Judge Garr M. King. (mja) (Entered: 01/05/2010)
2010-01-21	94	Motion for Reconsideration of Order on Motion for Attorney Fees 93 . Filed by all plaintiffs. (Lacy, Peter) (Entered: 01/21/2010)
2010-01-21	95	Memorandum in Support. Filed by all plaintiffs. (Related document(s): Motion for Reconsideration 94 .) (Lacy, Peter) (Entered: 01/21/2010)
2010-01-21	96	Declaration of Peter M. Lacy (Seventh) . Filed by all plaintiffs. (Related document(s): Motion for Reconsideration 94 .) (Attachments: # 1 Attachment A, # 2 Attachment B) (Lacy, Peter) (Entered: 01/21/2010)
2010-01-26	97	Response in Opposition to Motion for Reconsideration of Order on Motion for Attorney Fees 93 94 . Filed by all defendants. (Wechsler, Peter) (Entered: 01/26/2010)
2010-02-01	98	Order - Plaintiff's Motion for Reconsideration 94 is DENIED. Signed on 2/1/2010 by Judge Garr M. King. (mja) (Entered: 02/01/2010)
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