Case Detail

FOIA Project Annotation: Judge James Boasberg has ruled that the U.S. Coast Guard conducted an adequate search for records pertaining to an incident in 2010 when the Coast Guard stopped Timothy Blixseth's yacht Piano Bar off the California coast. The agency told Blixseth that it had conducted a search and found no records. Blixseth filed an administrative appeal of the no records decision, explaining for the first time that Piano Bar was his yacht. With that information, the Coast Guard found one document, which it disclosed. Although the agency conducted multiple searches, it was not until Blixseth identified the Piano Bar as his yacht that the agency was able to locate one responsive record. Blixseth made multiple allegations suggesting why the agency's search was insufficient. But Boasberg pointed out that the agency "nonetheless pursued additional avenues once Plaintiff had informed the Government that he sought records regarding Piano Bar's interception and that it occurred near San Pedro, California. [The agency] contacted the Lieutenant Commanders in charge of vehicle detentions in both that area and in San Diego and directed further searches, which resulted in the retrieval of a 2012 Notice of Violation and a 2012 Statement of Compliance for Piano Bar. Even though their dates placed them outside Plaintiff's search parameters, the two records were forwarded on to him." Rejecting Blixseth's request for discovery, Boasberg observed that "here, [the agency's] search has been impressive in its comprehensiveness, and the agency should be commended for such diligent efforts in response to Plaintiff's queries. No more is required under FOIA."
Issues: Adequacy - Search

Date Filed	Doc #	Docket Text
2019-07-31	1	COMPLAINT against UNITED STATES COAST GUARD ( Filing fee $ 400 receipt number 0090-6292807) filed by TIMOTHY BLIXSETH. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Exhibit 1, # 6 Exhibit 2, # 7 Exhibit 3, # 8 Exhibit 4, # 9 Exhibit 5)(Himes, Lisa) (Attachment 1 replaced on 8/1/2019) (zeg). (Entered: 07/31/2019)
2019-07-31	2	NOTICE OF RELATED CASE by TIMOTHY BLIXSETH. Case related to Case No. 19-00593. (Himes, Lisa) (Entered: 07/31/2019)
2019-07-31	3	NOTICE OF RELATED CASE by TIMOTHY BLIXSETH. Case related to Case No. 18-02281. (Himes, Lisa) (Entered: 07/31/2019)
2019-07-31	4	NOTICE OF RELATED CASE by TIMOTHY BLIXSETH. Case related to Case No. 19-01292. (Himes, Lisa) (Entered: 07/31/2019)
2019-08-01		Case Assigned to Judge James E. Boasberg. (zeg) (Entered: 08/01/2019)
2019-08-01	5	SUMMONS (3) Issued Electronically as to UNITED STATES COAST GUARD, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(zeg) (Entered: 08/01/2019)
2019-08-06	6	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 8/5/2019. Answer due for ALL FEDERAL DEFENDANTS by 9/4/2019. (Himes, Lisa) (Entered: 08/06/2019)
2019-08-06	7	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 8/5/2019. (Himes, Lisa) (Entered: 08/06/2019)
2019-08-06	8	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES COAST GUARD served on 8/6/2019 (Himes, Lisa) (Entered: 08/06/2019)
2019-09-04	9	ANSWER to Complaint by UNITED STATES COAST GUARD.(Nebeker, William) (Entered: 09/04/2019)
2019-09-05		MINUTE ORDER: The Court ORDERS that the parties shall confer and submit a joint proposed briefing schedule by September 19, 2019. So ORDERED by Judge James E. Boasberg on 09/05/2019. (lcjeb2) (Entered: 09/05/2019)
2019-09-05		Set/Reset Deadlines: Joint Proposed Briefing Schedule due by 9/19/2019. (znbn) (Entered: 09/05/2019)
2019-09-19	10	PROPOSED BRIEFING SCHEDULE by UNITED STATES COAST GUARD (Nebeker, William) Modified event title on 9/20/2019 (znmw). (Entered: 09/19/2019)
2019-09-19		MINUTE ORDER: The Court ADOPTS the parties' 10 Joint Proposed Briefing Schedule and ORDERS that: (1) Defendant shall file its dispositive motion on or before October 23, 2019; (2) Plaintiff shall file any opposition to Defendant's dispositive motion and any cross-motion on or before November 8, 2019; (3) Defendant shall file any reply and opposition to any cross-motion on or before November 27, 2019; and (4) Plaintiff shall file any reply to Defendant's opposition on or before December 10, 2019. So ORDERED by Judge James E. Boasberg on 09/19/2019. (lcjeb2) (Entered: 09/19/2019)
2019-09-19		Set/Reset Deadlines: Dispositive Motions due by 10/23/2019. Response to Dispositive Motions due by 11/8/2019. Cross Motions due by 11/8/2019. Reply to Dispositive Motions due by 11/27/2019. Response to Cross Motions due by 11/27/2019. Reply to Cross Motions due by 12/10/2019. (nbn) (Entered: 09/20/2019)
2019-10-23	11	MOTION to Dismiss Or, In The Alternative , MOTION for Summary Judgment by UNITED STATES COAST GUARD (Attachments: # 1 Declaration Jesse L. Houck, # 2 Text of Proposed Order)(Nebeker, William) (Entered: 10/23/2019)
2019-11-08	12	Cross MOTION for Discovery under Rule 56(d) by TIMOTHY BLIXSETH (Attachments: # 1 Memorandum in Support, # 2 Exhibit, # 3 Declaration, # 4 Statement of Facts, # 5 Text of Proposed Order)(Himes, Lisa) Modified event title on 11/14/2019 (znmw). (Entered: 11/08/2019)
2019-11-08	13	Memorandum in opposition to re 11 MOTION to Dismiss Or, In The Alternative MOTION for Summary Judgment filed by TIMOTHY BLIXSETH. (Attachments: # 1 Memorandum in Support, # 2 Exhibit, # 3 Declaration, # 4 Statement of Facts, # 5 Text of Proposed Order)(Himes, Lisa) (Entered: 11/08/2019)
2019-11-27	14	Memorandum in opposition to re 12 Cross MOTION for Discovery filed by UNITED STATES COAST GUARD. (Attachments: # 1 Text of Proposed Order)(Nebeker, William) (Entered: 11/27/2019)
2019-11-27	15	REPLY to opposition to motion re 12 Cross MOTION for Discovery, 11 MOTION to Dismiss Or, In The Alternative MOTION for Summary Judgment filed by UNITED STATES COAST GUARD. (Attachments: # 1 Declaration Supplemental Houck Declaration, # 2 Text of Proposed Order)(Nebeker, William) (Entered: 11/27/2019)
2019-12-10	16	REPLY to opposition to motion re 12 Cross MOTION for Discovery filed by TIMOTHY BLIXSETH. (Attachments: # 1 Exhibit 1)(Himes, Lisa) (Entered: 12/10/2019)
2019-12-16	17	ORDER GRANTING 11 Motion for Summary Judgment; DENYING 12 Motion for Discovery. Signed by Judge James E. Boasberg on 12/16/2019. (lcjeb2) (Entered: 12/16/2019)
2019-12-16	18	MEMORANDUM OPINION re 17 Order on Motions for summary judgment and discovery. Signed by Judge James E. Boasberg on 12/16/2019. (lcjeb2) (Entered: 12/16/2019)
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