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Case TitleDeep Sea Fishermen's Union of the Pacific v United States Department of Commerce et al
DistrictWestern District of Washington
CitySeattle
Case Number2:2021cv00452
Date Filed2021-04-05
Date ClosedOpen
JudgeU.S. District Judge John C. Coughenour
PlaintiffDeep Sea Fishermen's Union of the Pacific a Washington non-profit corporation
Case DescriptionThe Deep Sea Fishermen's Union of the Pacific submitted a FOIA request to the Department of Commerce for records concerning the North Pacific Observer program. The agency acknowledged receipt of the request and disclosed 24 documents that had been completely blacked out. The agency also provided a Vaughn index explaining the redactions. The Union argued that the agency had not searched for text messages. The agency indicated that it had found no text messages. The Union then filed suit.
Complaint issues: Litigation - Attorney's fees

DefendantUnited States Department of Commerce
DefendantNational Oceanic and Atmospheric Administration
DefendantNational Marine Fisheries Service
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
Complaint attachment 7
Opinion/Order [7]
Opinion/Order [17]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2021-04-051COMPLAINT 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)
2021-04-07U.S. District Judge John C. Coughenour added. (RE) (Entered: 04/07/2021)
2021-04-07NOTICE 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)
2021-04-072Summons(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)
2021-04-083ORDER REGARDING DISCOVERY AND DEPOSITIONS by U.S. District Judge John C. Coughenour. (GT) (Entered: 04/08/2021)
2021-04-094Amended AMENDED COMPLAINT for Plaintiff against All Defendants, filed by Deep Sea Fishermen's Union of the Pacific.(Thal, Zachariah) (Entered: 04/09/2021)
2021-04-285NOTICE 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)
2021-04-286Stipulated 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)
2021-04-297ORDER 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)
2021-04-298MINUTE 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)
2021-05-059AFFIDAVIT 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)
2021-05-0510AFFIDAVIT 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)
2021-05-0511AFFIDAVIT 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)
2021-05-0512AFFIDAVIT 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)
2021-06-1013ANSWER 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)
2021-08-1114JOINT STATUS REPORT signed by all parties. Estimated Trial Days: 3 to 5. (Thal, Spencer) (Entered: 08/11/2021)
2021-08-1215CIVIL 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)
2022-04-0616Stipulated 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)
2022-04-0717ORDER 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)
2022-04-1418MOTION 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)
2022-04-2119MOTION 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)
2022-04-2120DECLARATION 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)
2022-04-2121DECLARATION 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)
2022-04-2122DECLARATION 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)
2022-04-2123DECLARATION 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)
2022-05-0224RESPONSE, 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)
2022-05-0225DECLARATION 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)
2022-05-0626REPLY, 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)
2022-05-0927RESPONSE, 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)
2022-05-1128NOTICE 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)
2022-05-2029REPLY, 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)
2022-05-2030Supplemental 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)
2022-05-2031Second 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)
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by FOIA Project Staff
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