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Case TitleMaritime Documentation Center Corp. v. United States Coast Guard
DistrictCentral District of California
CityEastern Division - Riverside
Case Number5:2021cv00489
Date Filed2021-03-19
Date Closed2022-06-14
JudgeJudge John W. Holcomb
PlaintiffMaritime Documentation Center Corp. a Montana corporation
Case DescriptionThe Maritime Documentation Corp., which did vessel documentation, submitted a FOIA request to U.S. Coast Guard for records concerning the names and addresses of commercial and recreational vessel owners, which until 2017 had published the data in Merchant Vessels of the United States. The agency acknowledged receipt of the request but withheld identifying information about recreational vessels under Exemption 6 (invasion o privacy) and Exemption 7(C) (invasion of privacy concerning law enforcement records). Maritime Documentation filed an administrative appeal, which was denied. Maritime Documentation then filed suit.
Complaint issues: Litigation - Attorney's fees

DefendantUnited States Coast Guard
AppealNinth Circuit 22-55696
Documents
Docket
Complaint
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Complaint attachment 5
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Complaint attachment 7
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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
Opinion/Order [48]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2021-03-191COMPLAINT Receipt No: ACACDC-30954328 - Fee: $402, filed by Plaintiff Maritime Documentation Center Corp.. (Attachments: # 1 Exhibit EXHIBIT A - 2020-04-13 FOIA Request for PII, # 2 Exhibit EXHIBIT B - USCG Merchant Vessels of the United States, # 3 Exhibit EXHIBIT C - FAQ VESSELS, # 4 Exhibit EXHIBIT D- 2020-06-23 FOIA Final Response, # 5 Exhibit EXHIBIT E - 2020-07-06 FOIA appeal, # 6 Exhibit EXHIBIT F- NOAA Fisheries Vessel Documentation Data Caveats, # 7 Exhibit EXHIBIT G - Check Status of Request, # 8 Exhibit EXHIBIT H - USCG VESSELS, # 9 Exhibit EXHIBIT I - 2020-CGAP-00024 Appeal Response, # 10 Exhibit EXHIBIT J - gao-21-100, # 11 Exhibit EXHIBIT K - National Vessel Documentation Center, # 12 Exhibit EXHIBIT L - Vessel Renewal Notice, # 13 Exhibit EXHIBIT M - Walk-in Customer Service, # 14 Exhibit EXHIBIT N - All Members Alphabetical List, # 15 Exhibit EXHIBIT O - Top 100 Dealers _ Boating Industry, # 16 Exhibit EXHIBIT P - NOAA Searchable Query Database, # 17 Exhibit EXHIBIT Q - National Vessel Documentation Center - FAQ) (Attorney David N Makous added to party Maritime Documentation Center Corp.(pty:bkmov))(Makous, David) (Entered: 03/19/2021)
2021-03-192CIVIL COVER SHEET filed by Movant Maritime Documentation Center Corp.. (Makous, David) (Entered: 03/19/2021)
2021-03-193CERTIFICATION and NOTICE of Interested Parties filed by Plaintiff Maritime Documentation Center Corp., (Makous, David) (Entered: 03/19/2021)
2021-03-224NOTICE OF ASSIGNMENT to District Judge John W. Holcomb and Magistrate Judge Sheri Pym. (lh) (Entered: 03/22/2021)
2021-03-225NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (lh) (Entered: 03/22/2021)
2021-03-236Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening),,,, 1 filed by Plaintiff Maritime Documentation Center Corp.. (Makous, David) (Entered: 03/23/2021)
2021-03-237Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening),,,, 1 filed by Plaintiff Maritime Documentation Center Corp.. (Makous, David) (Entered: 03/23/2021)
2021-03-238Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening),,,, 1 filed by Plaintiff Maritime Documentation Center Corp.. (Makous, David) (Entered: 03/23/2021)
2021-03-23921 DAY Summons Issued re Complaint 1 as to Defendant United States Coast Guard - Attorney General Merrick B. Garland, U.S. Department of Justice. (lom) (Entered: 03/23/2021)
2021-03-2310NOTICE OF CLERICAL ERROR: Due to clerical error Re: Summons Issued 9 . Incorrect selection of 21 DAY Summons. (lom) (Entered: 03/23/2021)
2021-03-231160 DAY Summons Issued re Complaint 1 as to Defendant United States Coast Guard. (lom) (Entered: 03/23/2021)
2021-03-241260 DAY Summons Issued re Complaint 1 as to Defendant United States Coast Guard - Attorney General Merrick B. Garland. (lom) (Entered: 03/24/2021)
2021-03-241360 DAY Summons Issued re Complaint 1 as to Defendant United States Coast Guard - Civil Process Clerk. (lom) (Entered: 03/24/2021)
2021-03-2614STANDING ORDER by Judge John W. Holcomb. (iva) (Entered: 03/26/2021)
2021-03-3115PROOF OF SERVICE Executed by Plaintiff Maritime Documentation Center Corp., upon Plaintiff United States Coast Guard served on 3/25/2021, answer due 5/24/2021. Service of the Summons and Complaint were executed upon the United States Attorneys Office by delivering a copy to Front Desk Reception. Executed upon the Attorney Generals Office of the United States by delivering a copy to Front Desk Reception. Executed upon the officer agency or corporation by unspecified means. Service was executed in compliance with statute not specified. Due diligence declaration NOT attached. Registered or certified mail return receipt NOT attached. Original Summons NOT returned. (Makous, David) (Entered: 03/31/2021)
2021-03-3116PROOF OF SERVICE Executed by Plaintiff Maritime Documentation Center Corp., upon Defendant Service of the Summons and Complaint were executed upon the United States Attorneys Office by delivering a copy to Left with Individual. Executed upon the Attorney Generals Office of the United States by delivering a copy to Left with Individual. Executed upon the officer agency or corporation by unspecified means. Service was executed in compliance with statute not specified. Due diligence declaration NOT attached. Registered or certified mail return receipt NOT attached. Original Summons NOT returned. (Makous, David) (Entered: 03/31/2021)
2021-04-1417STIPULATION Extending Time to Answer the complaint as to United States Coast Guard answer now due 5/22/2021, re Complaint (Attorney Civil Case Opening),,,, 1 filed by Defendant United States Coast Guard.(Attorney Ryan Casey Chapman added to party United States Coast Guard(pty:dft))(Chapman, Ryan) (Entered: 04/14/2021)
2021-05-2418ANSWER to Complaint (Attorney Civil Case Opening),,,, 1 filed by Defendant United States Coast Guard.(Chapman, Ryan) (Entered: 05/24/2021)
2021-06-0619ORDER SETTING SCHEDULING CONFERENCE by Judge John W. Holcomb. Scheduling Conference set for 7/23/2021 at 11:00 AM before Judge John W. Holcomb. (iva) (Entered: 06/06/2021)
2021-06-2520Joint STIPULATION to Reschedule SCHEDULING CONFERENCE filed by Defendant Maritime Documentation Center Corp..(Makous, David) (Entered: 06/25/2021)
2021-06-2821NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Stipulation to Reschedule 20 . The following error(s) was/were found: Proposed Document was not submitted as separate attachment. Other error(s) with document(s): No proposed order attached.. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (yl) (Entered: 06/28/2021)
2021-06-2822RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS RE: Deficiency in Electronically Filed Documents (G-112A) - optional html form,, 21 by Deputy Clerk of Court. Pursuant to L.R. 5-4.4.1, counsel is DIRECTED to electronically lodge the proposed order, as an attachment to a Notice of Lodging. Counsel is reminded to comply with L.R. 5-4.4.1 and L.R. 5-4.4.2. (iva) (Entered: 06/28/2021)
2021-06-2823NOTICE OF LODGING filed re Stipulation to Reschedule 20 (Attachments: # 1 Proposed Order RE: STIPULATION TO RESCHEDULE SCHEDULING CONFERENCE)(Makous, David) (Entered: 06/28/2021)
2021-06-3024ORDER RE: STIPULATION TO RESCHEDULE SCHEDULING CONFERENCE by Judge John W. Holcomb 20 Pursuant to the Stipulation of the parties, and good cause being shown thereby, it is hereby ORDERED that: The Scheduling Conference is continued from the current date of July 23, 2021, to July 30, 2021, at 11:00 a.m. IT IS SO ORDERED. (yl) (Entered: 07/01/2021)
2021-07-0625JOINT REPORT Rule 26(f) Discovery Plan filed by Defendant United States Coast Guard.. (Attachments: # 1 Exhibit A)(Chapman, Ryan) (Entered: 07/06/2021)
2021-07-3026MINUTES OF VIDEO HEARING RE: SCHEDULING CONFERENCE held before Judge John W. Holcomb. For the reasons stated on the record, the Court adopts Defendant's proposed dates and sets the following briefing schedule for the summary judgment motions: Defendant's deadline to file Motion for Summary Judgment: October 8, 2021; Plaintiffs deadline to file Opposition and cross-motion: November 5, 2021; Defendant's deadline to file Reply and Opposition: November 19, 2021; Plaintiff's deadline to file any Reply: December 3, 2021; Hearing on Motion(s) for Summary Judgment: December 17, 2021, at 9:00 a.m. The Court will set a Status Conference to discuss the remaining case calendar dates after it rules on the summary judgment motion. IT IS SO ORDERED. Court Reporter: Sheri Kleeger. (yl) Modified on 8/3/2021 (yl). (Entered: 08/03/2021)
2021-09-0227[DOCUMENT STRICKEN PER ECF NO. 29] REQUEST TO SUBSTITUTE ATTORNEY DAVID N. MAKOUS in place of attorney DAVID N. MAKOUS filed by plaintiff Maritime Documentation Center Corp.. (Attachments: # 1 Proposed Order) (Makous, David) Modified on 9/9/2021 (iva). (Entered: 09/02/2021)
2021-09-0928NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: REQUEST TO SUBSTITUTE ATTORNEY DAVID N. MAKOUS in place of attorney DAVID N. MAKOUS 27 . The following error(s) was/were found: The correct form to use is the G-06, Notice of Change of Attorney Business or Contact Information In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (yl) (Entered: 09/09/2021)
2021-09-0929RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS RE: Deficiency in Electronically Filed Documents (G-112A) - optional html form,, 28 by Deputy Clerk of Court. The document is hereby STRICKEN. Counsel is DIRECTED to file the proper Notice of Change of Attorney Business or Contact Information (Form G-06). Counsel is further DIRECTED to the Attorney Practice Information & Resources page on the Court's website for further information (http://www.cacd.uscourts.gov/attorneys). (iva) (Entered: 09/09/2021)
2021-09-2130NOTICE of Change of firm name and address by David N Makous attorney for Plaintiff Maritime Documentation Center Corp.. Changing firm name to Fisher Broyles LLP and address to 9350 Wilshire Blvd, Suite 203, Beverly Hills, CA 90212. Filed by Plaintiff Maritime Documentation Center Corp.. (Makous, David) (Entered: 09/21/2021)
2021-09-2431REQUEST TO WITHDRAW ATTORNEY PATRICK LAI as counsel of record filed by plaintiff Maritime Documentation Center Corp.. (Lai, Patrick) (Entered: 09/24/2021)
2021-10-0532NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: REQUEST TO WITHDRAW ATTORNEY PATRICK LAI as counsel of record 31 . The following error(s) was/were found: Proposed Document was not submitted as separate attachment. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (yl) (Entered: 10/05/2021)
2021-10-0533RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS RE: Deficiency in Electronically Filed Documents (G-112A) - optional html form,, 32 by Deputy Clerk of Court. Counsel is DIRECTED to electronically lodge a proposed order (G-01 Order). (iva) (Entered: 10/05/2021)
2021-10-0534NOTICE OF LODGING filed re REQUEST TO WITHDRAW ATTORNEY PATRICK LAI as counsel of record 31 (Attachments: # 1 Proposed Order REQUEST FOR APPROVAL OF SUBSTITUTION OR WITHDRAWAL OF ATTORNEY)(Lai, Patrick) (Entered: 10/05/2021)
2021-10-0535(PROPOSED) ORDER ON REQUEST FOR APPROVAL OF SUBSTITUTION OR WITHDRAWAL OF ATTORNEY (Makous, David) (Entered: 10/05/2021)
2021-10-0736ORDER ON REQUEST FOR APPROVAL OF SUBSTITUTION OR WITHDRWAL OF ATTORNY by Judge John W. Holcomb: granting 31 Request to Substitute Attorney. Attorney Patrick Lai terminated (yl) (Entered: 10/08/2021)
2021-10-0837NOTICE OF MOTION AND MOTION for Summary Judgment ; Memorandum of Points and Authorities filed by Defendant United States Coast Guard. Motion set for hearing on 12/17/2021 at 09:00 AM before Judge John W. Holcomb. (Attachments: # 1 Statement of Uncontroverted Facts and Conclusions of Law, # 2 Declaration of Ternia R. Pipkins, # 3 Declaration of Captain Jason D. Neubauer, # 4 Proposed Judgment) (Chapman, Ryan) (Entered: 10/08/2021)
2021-11-0538STATEMENT Uncontroverted Facts And Conclusions Of Law In Opposition To Defendant's Motion For Summary Judgement filed by Plaintiff Maritime Documentation Center Corp. (Makous, David) (Entered: 11/05/2021)
2021-11-0539MEMORANDUM of Points and Authorities in Support Of Plaintiff's Opposition (Makous, David) (Entered: 11/05/2021)
2021-11-0540OBJECTIONS Of Plaintiff To Declaration Of Neubauer In Support Of Opposition filed by Plaintiff Maritime Documentation Center Corp.. (Makous, David) (Entered: 11/05/2021)
2021-11-0541STATEMENT Defendant's Uncontroverted Facts And Conclusions Of Law filed by Plaintiff Maritime Documentation Center Corp. (Makous, David) (Entered: 11/05/2021)
2021-11-0542DECLARATION of John Soria In Support Of Plaintiff's Opposition filed by Plaintiff Maritime Documentation Center Corp.. (Makous, David) (Entered: 11/05/2021)
2021-11-0543REQUEST FOR JUDICIAL NOTICE In Support Of Plaintiffs Opposition filed by Plaintiff Maritime Documentation Center Corp.. (Makous, David) (Entered: 11/05/2021)
2021-11-1944REPLY MEMORANDUM IN SUPPORT OF NOTICE OF MOTION AND MOTION for Summary Judgment ; Memorandum of Points and Authorities 37 filed by Defendant United States Coast Guard. (Attachments: # 1 Defendant's Response to Plaintiff's Statement of Uncontroverted Facts, # 2 Defendant's Objections to Plaintiff's Statement of Uncontroverted Facts)(Chapman, Ryan) (Entered: 11/19/2021)
2021-12-1445(IN CHAMBERS) ORDER by Judge John W. Holcomb: The Court finds that Defendant's Motion for Summary Judgment [ECF No. 37] is appropriate for resolution without a hearing. See Fed. R. Civ. P. 78; L.R. 7-15. Accordingly, the Court vacates the hearing set on December 17, 2021. The motion stands submitted on the papers timely filed. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (iva) TEXT ONLY ENTRY (Entered: 12/14/2021)
2022-05-1946TEXT ONLY ENTRY: NOTICE TO PARTIES by District John W. Holcomb. Effective Monday, May 23, 2022, Judge John W. Holcomb will be located in the Ronald Reagan Federal Building and U.S. Courthouse, Courtroom 9D, on the 9th Floor, located at 411 W. 4th Street, Santa Ana, California 92701-4516. All Court appearances shall be made in Courtroom 9D of the Ronald Reagan Federal Building and U.S. Courthouse unless otherwise ordered by the Court. All required mandatory chambers copies shall be delivered and placed in the drop box located on the 9th Floor of the Ronald Reagan Federal Building and U.S. Courthouse. Judge Holcomb's Courtroom Deputy Clerk, may be reached at JWH_Chambers@cacd.uscourts.gov. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (cbr) TEXT ONLY ENTRY (Entered: 05/19/2022)
2022-06-1447ORDER GRANTING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT 37 by Judge John W. Holcomb. For the foregoing reasons, the Court hereby ORDERS as follows: 1. The Coast Guards Motion for Summary Judgment is GRANTED with respect to Maritimes sole claim for relief, for a violation of FOIA. 2. Judgment will issue accordingly. IT IS SO ORDERED. MD JS-6. Case Terminated. (rolm) (Entered: 06/15/2022)
2022-06-1448JUDGMENT by Judge John W. Holcomb, in favor of United States Coast Guard against Maritime Documentation Center Corp. Related to: Order on Motion for Summary Judgment, 47 (SEE DOCUMENT FOR FURTHER DETAILS.) (rolm) (Entered: 06/15/2022)
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