Case Detail

FOIA Project Annotation: A federal court in Washington has ruled that National Oceanic and Atmospheric Administration properly responded to a FOIA request from the Deep Sea Fishermen's Union of the Pacific for 10 categories of records concerning the Observers Program, which oversees independent certified observers who help NOAA monitor and regulate fishing activity. NOAA responded to the request by disclosing records with redactions. The Union asked NOAA if it intended to provide text messages, which did not appear to have been produced, and to ask for a privilege log further explaining the exemptions. NOAA told the union that text messages would have been included as part of its search for emails and that it had not forgotten to provide a privilege log. Judge John Coughenour upheld the agency's exemption claims but found the agency's search fell short. While he noted that the agency's search for cellphone records was adequate, other aspects of its search were not. He pointed out that "nor does Defendants' one-paragraph description of their search process explain why they searched the places they did, whether those places were the ones most likely to contain responsive records, even when the searches were conducted." He indicated that "defendants also admit that they erased the memories of agency cell phones (as opposed to personal ones) in October 2019, more than a year after Plaintiff's FOIA request, while document collection and production was apparently ongoing. While an agency cannot be faulted for destroying records pursuant to its normal retention policy, once it receives a FOIA request implicating the records, it has a duty to preserve them." He concluded that "it may well be that Defendants' search was comprehensive and reasonable. But absent some evidence that agency cell phones would not have contained responsive records and that the only places that would have were likely the ones Defendants searched, they cannot carry their initial burden to show absence of a genuine dispute about the adequacy of the search."
Issues: Adequacy - Search

Date Filed	Doc #	Docket Text
2021-04-05	1	COMPLAINT for Plaintiff against All Defendants (Receipt # AWAWDC-7027565), filed by Deep Sea Fishermen's Union of the Pacific. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Summons, # 6 Summons, # 7 Summons)(Thal, Spencer) (Entered: 04/05/2021)
2021-04-07		U.S. District Judge John C. Coughenour added. (RE) (Entered: 04/07/2021)
2021-04-07		NOTICE Pursuant to Fed.R.Civ.P 7.1, Plaintiff(s) Deep Sea Fishermen's Union of the Pacific must file a Corporate Disclosure Statement by 4/14/2021, if applicable. (RE) (Entered: 04/07/2021)
2021-04-07	2	Summons(es) Electronically Issued as to defendant(s) National Marine Fisheries Service, National Oceanic and Atmospheric Administration, United States Department of Commerce. (Attachments: # 1 Summons, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Summons)(RE) (Entered: 04/07/2021)
2021-04-08	3	ORDER REGARDING DISCOVERY AND DEPOSITIONS by U.S. District Judge John C. Coughenour. (GT) (Entered: 04/08/2021)
2021-04-09	4	Amended AMENDED COMPLAINT for Plaintiff against All Defendants, filed by Deep Sea Fishermen's Union of the Pacific.(Thal, Zachariah) (Entered: 04/09/2021)
2021-04-28	5	NOTICE of Appearance by attorney Nickolas Bohl on behalf of Defendants National Marine Fisheries Service, National Oceanic and Atmospheric Administration, United States Department of Commerce. (Bohl, Nickolas) (Entered: 04/28/2021)
2021-04-28	6	Stipulated MOTION for Extension of Time to File Answer , filed by Defendants National Marine Fisheries Service, National Oceanic and Atmospheric Administration, United States Department of Commerce. Noting Date 4/28/2021, (Bohl, Nickolas) (Entered: 04/28/2021)
2021-04-29	7	ORDER granting Parties' 6 Stipulated Motion for Extension of Time to File Answer. The parties stipulate and agree to a 30-day extension for Defendants to respond to the Complaint. If the matter is not resolved before then, Defendants will respond to the Complaint by June 10th, 2021. Signed by U.S. District Judge John C. Coughenour. (SR) (Entered: 04/29/2021)
2021-04-29	8	MINUTE ENTRY SETTING INITIAL CASE MANAGEMENT DATES All counsel and any pro se parties are directed to meet and confer and to provide the Court with a combined Joint Status Report (the Report) by the deadline set below. This meet-and-confer must be a face-to-face meeting or a telephonic conference. If the parties are unable to agree on any part of the Report, they may answer in separate paragraphs; no separate reports are to be filed. The Report must contain the following information: 1. An estimate of the number of days needed for trial; 2. The date by which the case will be ready for trial; and 3. Whether the parties intend to mediate per LCR 39.1 and, if so, when the parties expect to complete mediation. The deadlines below may be extended only by court order. Any request for extension of these deadlines should be made by email to Courtroom Deputy Clerk Gabriel Traber at gabriel_traber@wawd.uscourts.gov. The parties who have appeared in this matter must meet and confer before contacting the Court to request an extension. If this case involves claims that are exempt from the requirements of FRCP 26(a) and 26(f), please notify the Courtroom Deputy Clerk. Please note: Initial Disclosures are not to be filed. FRCP 26(f) Conference Deadline is 8/2/2021, Initial Disclosure Deadline is 8/9/2021, Joint Status Report due by 8/16/2021. (GT) (Entered: 04/29/2021)
2021-05-05	9	AFFIDAVIT of Mailing of Summons and Complaint to Department of Commerce on 5/5/2021, filed by Plaintiff Deep Sea Fishermen's Union of the Pacific. (Thal, Spencer) (Entered: 05/05/2021)
2021-05-05	10	AFFIDAVIT of Mailing of Summons and Complaint to National Oceanic and Atmospheric Association on 5/5/2021, filed by Plaintiff Deep Sea Fishermen's Union of the Pacific. (Thal, Spencer) (Entered: 05/05/2021)
2021-05-05	11	AFFIDAVIT of Mailing of Summons and Complaint to National Marine Fisheries Service on 5/5/2021, filed by Plaintiff Deep Sea Fishermen's Union of the Pacific. (Thal, Spencer) (Entered: 05/05/2021)
2021-05-05	12	AFFIDAVIT of Mailing of Summons and Complaint to US Attorney General on 5/5/2021, filed by Plaintiff Deep Sea Fishermen's Union of the Pacific. (Thal, Spencer) (Entered: 05/05/2021)
2021-06-10	13	ANSWER to 4 Amended Complaint by National Marine Fisheries Service, National Oceanic and Atmospheric Administration, United States Department of Commerce.(Bohl, Nickolas) (Entered: 06/10/2021)
2021-08-11	14	JOINT STATUS REPORT signed by all parties. Estimated Trial Days: 3 to 5. (Thal, Spencer) (Entered: 08/11/2021)
2021-08-12	15	CIVIL TRIAL SCHEDULING ORDER: Pursuant to the parties' joint status report, the Court issues the following scheduling order. All discovery including expert disclosures and all fact and expert depositions must be completed by the discovery cutoff date. Jury instructions must be numbered sequentially. Counsel should submit two copies of proposed jury instructions, one with citations and one without, and should send electronic copies of the instructions to the chambers orders inbox at coughenourorders@wawd.uscourts.gov. Counsel are advised that the Court relies primarily upon the Ninth Circuit Manual for Model Jury Instructions to prepare final instructions for submission to the jury. Counsel are advised that this case is one of several cases set for the week described in this order. Counsel must be prepared to commence trial as scheduled but also be aware that the trial may have to be continued. Counsel are directed to contact the Courtroom Deputy Clerk at gabriel.traber@wawd.uscourts.gov two to four weeks in advance of the trial date to inquire about the Court's calendar. Case management dates are established as follows: 3 to 5 Day Estimate Jury Trial is set for 8/15/2022 at 9:30 AM in Courtroom 16206 before U.S. District Judge John C. Coughenour. Pretrial Order due by 8/5/2022, Pleading amendment/3rd pty action due by 11/15/2021, 39.1 mediation to be completed by 5/2/2022, Trial briefs to be submitted by 8/11/2022, Proposed voir dire/jury instructions due by 8/11/2022, Discovery completed by 4/18/2022, Dispositive motions due by 5/17/2022. Counsel must attend Courtroom Technology Training at least one month in advance of the trial to become familiar with the new A/V equipment now available in the courtroom. Training is held at 3:00 PM on the 1st and 3rd Wednesday of each month. (GT) (Entered: 08/12/2021)
2022-04-06	16	Stipulated MOTION to Extend Discovery Cutoff , filed by Plaintiff Deep Sea Fishermen's Union of the Pacific. (Attachments: # 1 Proposed Order) Noting Date 4/6/2022, (Thal, Spencer) (Entered: 04/06/2022)
2022-04-07	17	ORDER re Parties' 16 Stipulated MOTION to Extend Discovery Cutoff . Discovery to be completed by 6/20/2022. Signed by U.S. District Judge John C. Coughenour.(MW) (Entered: 04/07/2022)
2022-04-14	18	MOTION to Compel Deposition of Glenn Merrill, filed by Plaintiff Deep Sea Fishermen's Union of the Pacific. (Attachments: # 1 Supplement Declaration of Counsel, # 2 Exhibit to Declaration of Counsel, # 3 Supplement Declaration of James Johnson, # 4 Proposed Order Compelling Deposition) Noting Date 5/6/2022, (Thal, Zachariah) Modified on 4/14/2022 to edit document title (SR). (Entered: 04/14/2022)
2022-04-21	19	MOTION for Summary Judgment , filed by Defendants National Marine Fisheries Service, National Oceanic and Atmospheric Administration, United States Department of Commerce. (Attachments: # 1 Proposed Order) Noting Date 5/20/2022 5/13/2022 , (Bohl, Nickolas) Modified on 5/12/2022 (SR).to re-note noting date per dkt. 28 (Entered: 04/21/2022)
2022-04-21	20	DECLARATION of Nickolas Bohl filed by Defendants National Marine Fisheries Service, National Oceanic and Atmospheric Administration, United States Department of Commerce re 19 MOTION for Summary Judgment (Bohl, Nickolas) (Entered: 04/21/2022)
2022-04-21	21	DECLARATION of Mark H. Graff filed by Defendants National Marine Fisheries Service, National Oceanic and Atmospheric Administration, United States Department of Commerce re 19 MOTION for Summary Judgment (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5)(Bohl, Nickolas) (Entered: 04/21/2022)
2022-04-21	22	DECLARATION of Glenn Merrill filed by Defendants National Marine Fisheries Service, National Oceanic and Atmospheric Administration, United States Department of Commerce re 19 MOTION for Summary Judgment (Bohl, Nickolas) (Entered: 04/21/2022)
2022-04-21	23	DECLARATION of Douglas Allen Perry filed by Defendants National Marine Fisheries Service, National Oceanic and Atmospheric Administration, United States Department of Commerce re 19 MOTION for Summary Judgment (Bohl, Nickolas) (Entered: 04/21/2022)
2022-05-02	24	RESPONSE, by Defendants National Marine Fisheries Service, National Oceanic and Atmospheric Administration, United States Department of Commerce, to 18 MOTION to Compel Deposition . (Bohl, Nickolas) (Entered: 05/02/2022)
2022-05-02	25	DECLARATION of Nickolas Bohl filed by Defendants National Marine Fisheries Service, National Oceanic and Atmospheric Administration, United States Department of Commerce re 18 MOTION to Compel Deposition (Attachments: # 1 Exhibit A)(Bohl, Nickolas) (Entered: 05/02/2022)
2022-05-06	26	REPLY, filed by Plaintiff Deep Sea Fishermen's Union of the Pacific, TO RESPONSE to 18 MOTION to Compel Deposition (Thal, Zachariah) (Entered: 05/06/2022)
2022-05-09	27	RESPONSE, by Plaintiff Deep Sea Fishermen's Union of the Pacific, to 19 MOTION for Summary Judgment . (Attachments: # 1 Supplement Declaration of Counsel, # 2 Proposed Order Denying Motion for Summary Judgment)(Thal, Zachariah) (Entered: 05/09/2022)
2022-05-11	28	NOTICE that the following is RE-NOTED: 19 MOTION for Summary Judgment . Filed by Defendants National Marine Fisheries Service, National Oceanic and Atmospheric Administration, United States Department of Commerce. Noting Date 5/20/2022, (Bohl, Nickolas) (Entered: 05/11/2022)
2022-05-20	29	REPLY, filed by Defendants National Marine Fisheries Service, National Oceanic and Atmospheric Administration, United States Department of Commerce, TO RESPONSE to 19 MOTION for Summary Judgment (Bohl, Nickolas) (Entered: 05/20/2022)
2022-05-20	30	Supplemental DECLARATION of Nickolas Bohl filed by Defendants National Marine Fisheries Service, National Oceanic and Atmospheric Administration, United States Department of Commerce re 19 MOTION for Summary Judgment (Bohl, Nickolas) (Entered: 05/20/2022)
2022-05-20	31	Second DECLARATION of Mark H. Graff filed by Defendants National Marine Fisheries Service, National Oceanic and Atmospheric Administration, United States Department of Commerce re 19 MOTION for Summary Judgment (Bohl, Nickolas) (Entered: 05/20/2022)
2022-06-08	32	NOTICE of Supplemental Authority re 19 MOTION for Summary Judgment , 18 MOTION to Compel Deposition by Plaintiff Deep Sea Fishermen's Union of the Pacific (Thal, Spencer) (Entered: 06/08/2022)
2022-06-09	33	ORDER denying Plaintiff's 18 Motion to Compel Deposition of Glenn Merrill. Defendants' 19 Motion for Summary Judgment is GRANTED in part and DENIED in part. Specifically, the Court GRANTS summary judgment as to the sufficiency of Defendants' redactions and withholding log, and the adequacy of their search for post- September 2017 text messages on personal devices. Summary judgment is otherwise DENIED. Signed by U.S. District Judge John C. Coughenour. (SR) (Entered: 06/09/2022)
2022-06-13	34	Stipulated MOTION to Extend Trial Date , filed by Plaintiff Deep Sea Fishermen's Union of the Pacific. (Attachments: # 1 Proposed Order to Extend Trial Date) Noting Date 6/24/2022 6/13/2022 , (Thal, Zachariah) Modified on 6/14/2022 to renote noting date per dkt. 35 (SR). (Entered: 06/13/2022)
2022-06-14	35	MINUTE ORDER re Parties' 34 Stipulated MOTION to Extend Trial Date . The Court ORDERS the parties to file a supplemental joint brief no later than 6/24/2022 which provides the Court with the following: (a) the status of mediation efforts to date and what additional mediation the parties may be considering, (b) a description of the additional discovery each party may seek, and (c) a list of the disputed issues that remain, with each party providing their respective positions on those issues. The Clerk is DIRECTED to renote the stipulated motion to extend (Dkt. No. 34 ) to 6/24/2022. Authorized by U.S. District Judge John C. Coughenour. (SR) (Entered: 06/14/2022)
2022-06-21	36	Supplemental Joint BRIEF MEMORANDUM filed by Plaintiff Deep Sea Fishermen's Union of the Pacific re 34 Stipulated MOTION to Extend Trial Date (Supplemental Joint Brief) (Thal, Spencer) Modified to correct title on 6/21/2022 (SR). (Entered: 06/21/2022)
2022-06-22	37	ORDER granting Parties' 34 Stipulated MOTION to Extend Trial Date . Jury Trial is continued to 12/5/2022 at 09:30 AM before U.S. District Judge John C. Coughenour. Discovery to be completed by 8/8/2022, 39.1 mediation to be completed by 8/26/2022, Dispositive motions due by 9/6/2022. Signed by U.S. District Judge John C. Coughenour. (SR) (Entered: 06/22/2022)
2022-07-07	38	MOTION for Protective Order , filed by Defendants National Marine Fisheries Service, National Oceanic and Atmospheric Administration, United States Department of Commerce. (Attachments: # 1 Proposed Order) Noting Date 7/15/2022, (Bohl, Nickolas) (Entered: 07/07/2022)
2022-07-07	39	DECLARATION of Nickolas Bohl filed by Defendants National Marine Fisheries Service, National Oceanic and Atmospheric Administration, United States Department of Commerce re 38 MOTION for Protective Order (Attachments: # 1 Exhibit A)(Bohl, Nickolas) (Entered: 07/07/2022)
2022-07-12	40	NOTICE that the following is RE-NOTED: 38 MOTION for Protective Order . Filed by Defendants National Marine Fisheries Service, National Oceanic and Atmospheric Administration, United States Department of Commerce. Noting Date 7/22/2022, (Bohl, Nickolas) (Entered: 07/12/2022)
2022-07-15	41	RESPONSE, by Plaintiff Deep Sea Fishermen's Union of the Pacific, to 38 MOTION for Protective Order . (Attachments: # 1 Proposed Order Denying Motion for Protective Order)(Thal, Zachariah) (Entered: 07/15/2022)
2022-07-22	42	REPLY, filed by Defendants National Marine Fisheries Service, National Oceanic and Atmospheric Administration, United States Department of Commerce, TO RESPONSE to 38 MOTION for Protective Order (Bohl, Nickolas) (Entered: 07/22/2022)
2022-08-01	43	ORDER granting Defendants' 38 Motion for Protective Order. Signed by U.S. District Judge John C. Coughenour. (SR) (Entered: 08/01/2022)
2022-08-26	44	Stipulated MOTION FOR EXTENSION OF TIME , filed by Defendants National Marine Fisheries Service, National Oceanic and Atmospheric Administration, United States Department of Commerce. Noting Date 8/26/2022, (Bohl, Nickolas) (Entered: 08/26/2022)
2022-08-26	45	ORDER granting Parties' 44 Stipulated MOTION FOR EXTENSION OF TIME . The deadline for dispositive motions will be extended by 30 days until 10/6/2022. The current deadline for mediation pursuant to L.R. 39.1 will be terminated. Signed by U.S. District Judge John C. Coughenour. (SR) (Entered: 08/26/2022)
2022-10-06	46	Second MOTION for Summary Judgment , filed by Defendants National Marine Fisheries Service, National Oceanic and Atmospheric Administration, United States Department of Commerce. (Attachments: # 1 Proposed Order) Noting Date 3/10/2023 2/17/2023 12/16/2022 11/11/2022 11/4/2022 10/28/2022 , (Bohl, Nickolas) Modified on 10/20/2022 to renote noting date per dkt. 49 (SR). Modified on 11/1/2022 to renote noting date per dkt. 52 (SR). Modified on 11/3/2022 to renote noting date per dkt. 54 (SR). Modified noting date on 12/9/2022 (SS). Modified noting date on 2/15/2023 (SS). (Entered: 10/06/2022)
2022-10-06	47	Third DECLARATION of Mark H. Graff filed by Defendants National Marine Fisheries Service, National Oceanic and Atmospheric Administration, United States Department of Commerce re 46 Second MOTION for Summary Judgment (Attachments: # 1 Exhibit 1)(Bohl, Nickolas) (Entered: 10/06/2022)
2022-10-06	48	DECLARATION of Andre A. Sivels filed by Defendants National Marine Fisheries Service, National Oceanic and Atmospheric Administration, United States Department of Commerce re 46 Second MOTION for Summary Judgment (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8)(Bohl, Nickolas) (Entered: 10/06/2022)
2022-10-20	49	NOTICE that the following is RE-NOTED: 46 Second MOTION for Summary Judgment . Filed by Defendants National Marine Fisheries Service, National Oceanic and Atmospheric Administration, United States Department of Commerce. Noting Date 11/4/2022, (Bohl, Nickolas) (Entered: 10/20/2022)
2022-10-27	50	MOTION to Continue Trial Date and Extend Case Deadlines , filed by Plaintiff Deep Sea Fishermen's Union of the Pacific. (Attachments: # 1 Proposed Order to Continue Trial Date and Extend Case Deadlines) Noting Date 11/18/2022, (Thal, Zachariah) (Entered: 10/27/2022)
2022-10-28	51	NOTICE to Withdraw Pending Motion re 50 MOTION to Continue Trial Date and Extend Case Deadlines ; by Plaintiff Deep Sea Fishermen's Union of the Pacific. (Thal, Zachariah) (Entered: 10/28/2022)
2022-10-31	52	NOTICE that the following is RE-NOTED: 46 Second MOTION for Summary Judgment . Filed by Defendants National Marine Fisheries Service, National Oceanic and Atmospheric Administration, United States Department of Commerce. Noting Date 11/11/2022, (Bohl, Nickolas) (Entered: 10/31/2022)
2022-11-03	53	Stipulated MOTION FOR EXTENSION OF TIME , filed by Defendants National Marine Fisheries Service, National Oceanic and Atmospheric Administration, United States Department of Commerce. Noting Date 11/3/2022, (Bohl, Nickolas) (Entered: 11/03/2022)
2022-11-03	54	ORDER granting Parties' 53 Stipulated MOTION FOR EXTENSION OF TIME . The 46 MSJ will be renoted for 12/16/2022, with Plaintiff's opposition due 12/12/2022, and the Defendants' reply due 12/16/2022. All other future dates will be stayed pending the Court's ruling on the MSJ. Signed by U.S. District Judge John C. Coughenour. (SR) (Entered: 11/03/2022)
2022-12-08	55	MOTION to Continue Deadlines for Summary Judgment Response , filed by Plaintiff Deep Sea Fishermen's Union of the Pacific. (Attachments: # 1 Supplement Declaration of Counsel, # 2 Supplement Declaration of Dr. Middleton, # 3 Proposed Order Extending Deadlines for Summary Judgment Response) Noting Date 12/8/2022 12/16/2022 , (Thal, Zachariah) Modified noting date on 12/9/2022 (LH). (Entered: 12/08/2022)
2022-12-08	56	RESPONSE, by Defendants National Marine Fisheries Service, National Oceanic and Atmospheric Administration, United States Department of Commerce, to 55 MOTION to Continue Deadlines for Summary Judgment Response . (Bohl, Nickolas) (Entered: 12/08/2022)
2022-12-09		Per chambers, the Noting Date re 55 MOTION to Continue is reset for 12/8/2022 due to defendants' response in non-opposition at dkt. 56 . (LH) (Entered: 12/09/2022)
2022-12-09	57	ORDER granting Plaintiff's 55 MOTION to Continue Deadlines for Summary Judgment Response . Plaintiff's Opposition to Defendants' 46 Second MOTION for Summary Judgment is extended to 2/13/2023. Defendants' Reply is extended to 2/17/2023. Signed by U.S. District Judge John C. Coughenour. (SS) (Entered: 12/09/2022)
2023-02-13	58	CROSS MOTION AND RESPONSE re 46 Second MOTION for Summary Judgment , filed by Plaintiff Deep Sea Fishermen's Union of the Pacific. (Attachments: # 1 Supplement Response to Defendant's Motion, # 2 Proposed Order Denying Defendant's Motion for Summary Judgment and Granting Plaintiff's Motion for Partial Summary Judgment, # 3 Certificate of Service) Noting Date 3/10/2023, (Thal, Zachariah) (Entered: 02/13/2023)
2023-02-15	59	MINUTE ORDER: The Court re-notes Defendants' 46 Motion for Summary Judgment to 3/10/2023. Authorized by U.S. District Judge John C. Coughenour. (SS) (Entered: 02/15/2023)
2023-02-17	60	REPLY, filed by Defendants National Marine Fisheries Service, National Oceanic and Atmospheric Administration, United States Department of Commerce, TO RESPONSE to 46 Second MOTION for Summary Judgment (Bohl, Nickolas) (Entered: 02/17/2023)
2023-02-17	61	Second DECLARATION of Andre A. Sivels filed by Defendants National Marine Fisheries Service, National Oceanic and Atmospheric Administration, United States Department of Commerce re 46 Second MOTION for Summary Judgment (Bohl, Nickolas) (Entered: 02/17/2023)
2023-03-06	62	RESPONSE, by Defendants National Marine Fisheries Service, National Oceanic and Atmospheric Administration, United States Department of Commerce, to 58 CROSS MOTION AND RESPONSE re 46 Second MOTION for Summary Judgment . (Bohl, Nickolas) (Entered: 03/06/2023)
2023-03-10	63	REPLY, filed by Plaintiff Deep Sea Fishermen's Union of the Pacific, TO RESPONSE to 58 CROSS MOTION AND RESPONSE re 46 Second MOTION for Summary Judgment (Attachments: # 1 Certificate of Service)(Thal, Zachariah) (Entered: 03/10/2023)
2023-03-31	64	ORDER: Plaintiff's motion for partial summary judgment (Dkt. No. 58 ) is DENIED and Defendants' motion for summary judgment (Dkt. No. 46 ) is GRANTED. This fully disposes of the remaining issues in this case. Therefore, Plaintiff's complaint is DISMISSED with prejudice. Signed by U.S. District Judge John C. Coughenour. (SS) (Entered: 03/31/2023)
2023-03-31	65	JUDGMENT BY COURT: Defendants' motion for summary judgment (Dkt. No. 46 ) is GRANTED and Plaintiff's cross-motion for partial summary judgment (Dkt. No. 58 ) is DENIED. Plaintiff's complaint is DISMISSED with prejudice. (SS) (Entered: 03/31/2023)
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