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Case TitleSt. Charles Parish et al v. Federal Emergency Management Agency
DistrictEastern District of Louisiana
CityNew Orleans
Case Number2:2023cv01369
Date Filed2023-04-25
Date ClosedOpen
JudgeJudge Darrel James Papillion
PlaintiffSt. Charles Parish a political subdivision of the state of Louisiana
PlaintiffMatthew Jewell in his official capacity as St. Charles Parish President
Case DescriptionSt. Charles Parish submitted a FOIA request t the Federal Emergency Management Agency for records concerning data used to calculate NFIP flood insurance premiums in St. Charles Parish, Louisiana in Risk Rating 2.0. The agency acknowledged receipt of the request and asked St. Charles Parish for clarification. St. Charles Parish provided a clarification. The agency ultimately responded by withholding the responsive records under Exemption 4 (commercial and confidential). St. Charles Parish filed an administrative appeal. The agency indicated it was considering the appeal but after hearing nothing further from the agency, St. Charles Parish filed suit.
Complaint issues: Adequacy - Search, Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantFederal Emergency Management Agency
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2023-04-251COMPLAINT against Federal Emergency Management Agency (Filing fee $ 402 receipt number ALAEDC-9909085) filed by St. Charles Parish, Matthew Jewell. (Attachments: # 1 Civil Cover Sheet, # 2 Summons) Attorney Christopher J. Kane added to party Matthew Jewell(pty:pla), Attorney Christopher J. Kane added to party St. Charles Parish(pty:pla).(Kane, Christopher) (Entered: 04/25/2023)
2023-04-252Initial Case Assignment to Judge Jay C. Zainey and Magistrate Judge Michael North. (mb) (Entered: 04/25/2023)
2023-04-263Summons Issued as to Federal Emergency Management Agency. (Attachments: # 1 Summons, # 2 Summons)(mmm) (Entered: 04/26/2023)
2023-04-274SUMMONS Returned Executed; Federal Emergency Management Agency served on 4/26/2023, answer due 6/26/2023. (Kane, Christopher) (Entered: 04/27/2023)
2023-05-315EXPARTE/CONSENT MOTION for Extension of Time to Answer re 1 Complaint, by Federal Emergency Management Agency. (Attachments: # 1 Proposed Order)Attorney Brock Darren Dupre added to party Federal Emergency Management Agency(pty:dft).(Dupre, Brock) (Entered: 05/31/2023)
2023-06-086ORDER TRANSFERRING CASE. Case transferred to Judge Darrel James Papillion. Judge Jay C. Zainey no longer assigned to case. Signed by Chief Judge Nannette Jolivette Brown on 6/8/2023.(mmm) (Entered: 06/08/2023)
2023-06-157ORDER granting 5 MOTION for Extension of Time to Answer re 1 Complaint. Defendant, Federal Emergency Management Agency, shall have up to and including 06/26/2023, to file pleadings in response to Plaintiffs' complaint. Signed by Judge Darrel James Papillion on 06/14/2023. (ko) (Entered: 06/15/2023)
2023-06-228EXPARTE/CONSENT MOTION to Enroll as Counsel of Record by Federal Emergency Management Agency. (Attachments: # 1 Proposed Order)Attorney Yoseph T Desta added to party Federal Emergency Management Agency(pty:dft).(Desta, Yoseph) (Entered: 06/22/2023)
2023-06-269ANSWER to 1 Complaint, by Federal Emergency Management Agency.(Desta, Yoseph) (Entered: 06/26/2023)
2023-06-2710ORDER granting 8 Motion to Enroll as Counsel of Record for Attorney Yoseph T Desta for Federal Emergency Management Agency. Signed by Judge Darrel James Papillion on 06/23/2023. (ko) (Entered: 06/27/2023)
2023-07-2611NOTICE: Scheduling Conference set for 8/22/2023 03:30 PM before case manager by telephone. By Clerk.(ko) (Entered: 07/26/2023)
2023-08-2212MOTION for Protective Order by Federal Emergency Management Agency. Motion referred to Chief Magistrate Judge Michael B. North. Motion(s) will be submitted on 9/6/2023. (Attachments: # 1 Memorandum in Support, # 2 Exhibit August 15, 2023 Letter from Defendant, # 3 Exhibit Plaintiffs' Interrogatories and Requests for Production, # 4 Exhibit August 21, 2023 Letter from Plaintiffs, # 5 Rule 26(c) Certification, # 6 Notice of Submission)(Desta, Yoseph) Modified on 8/23/2023 (ko). (Entered: 08/22/2023)
2023-08-2213**VACATED PER ORDER AT REC. DOC. 26**SCHEDULING ORDER: Final Pretrial Conference set for 8/7/2024 11:30 AM before Judge Darrel James Papillion. Status Conference set for 11/8/2023 01:30 PM before Judge Darrel James Papillion. Bench Trial set for 8/19/2024 09:00 AM before Judge Darrel James Papillion. All discovery must be completed by 5/9/2024. Status Conference set for 7/10/2024 02:30 PM before Judge Darrel James Papillion.. Issued by clerk on 08/22/2023. (Attachments: # 1 Pretrial Notice Form)(cs) Modified on 4/29/2024 (pp). (Entered: 08/22/2023)
2023-08-2314Correction of Docket Entry by Clerk re 12 MOTION for Protective Order: Filing attorney should have changed "N" to "Y" at the question "Is this motion to be decided by the Magistrate Judge Y/N?" This motion will be decided by the magistrate judge. Clerk took corrective action. (ko) (Entered: 08/23/2023)
2023-08-2815TEXT ORDER (No PDF Document Attached). IT IS ORDERED that the in-person preliminary status conference set for 11/8/2023 at 1:30 PM is hereby CANCELED. Signed by Judge Darrel James Papillion.(cwa) (Entered: 08/28/2023)
2023-08-2916RESPONSE/MEMORANDUM in Opposition filed by St. Charles Parish re 12 MOTION for Protective Order . (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7)(Sensenbrenner, Erica) (Main Document 16 replaced on 8/30/2023) (ko). (Entered: 08/29/2023)
2023-08-3017Correction of Docket Entry by Clerk re 16 Response/Memorandum in Opposition to Motion: Document filed on incorrect sized paper. Pursuant to L.R. 10.1, all pleadings drafted for filing in this court must be filed on 8-1/2 by 11 inch paper. (ko) (Entered: 08/30/2023)
2023-09-0518EXPARTE/CONSENT MOTION for Leave to File Reply Memorandum by Federal Emergency Management Agency. Motion(s) referred to Michael North. (Attachments: # 1 Proposed Order, # 2 Proposed Pleading, # 3 Exhibit)(Desta, Yoseph) (Entered: 09/05/2023)
2023-09-0619ORDER granting 18 Motion for Leave to File Reply. Signed by Magistrate Judge Michael North on 9/6/23. (cg) (Entered: 09/06/2023)
2023-09-0620REPLY to Response to Motion filed by Federal Emergency Management Agency re 12 MOTION for Protective Order . (Attachments: # 1 Exhibit A)(cg) (Entered: 09/06/2023)
2023-09-0621ORDER granting in part 12 Motion for Protective Order, as stated herein. Limited discovery is appropriate here. Accordingly, the motion for protective order is granted as to Interrogatories 1-3 and 11-16 and Requests for Production 1 and 4. The motion is denied as to Interrogatories 4-10 and Requests for Production 2-3, and FEMA is directed to respond within 14 days to those requests. Signed by Magistrate Judge Michael North on 9/6/23. (cg) (Entered: 09/06/2023)
2024-02-0822EXPARTE/CONSENT MOTION for Extension of Deadlines by Matthew Jewell, St. Charles Parish. (Attachments: # 1 Proposed Order)(Sensenbrenner, Erica) (Attachment 1 replaced on 2/8/2024) (ko). (Entered: 02/08/2024)
2024-02-0823Correction of Docket Entry by Clerk re 22 MOTION for Extension of Deadlines: Proposed Order filed on incorrectly sized paper. Pursuant to Local Rule 10.1, all documents drafted for filing in this court must be on 8-1/2 by 11 inch paper. Clerk took corrective action. (ko) (Entered: 02/08/2024)
2024-02-1424ORDER granting 22 Motion for Extension of Deadlines. FURTHER ORDERED that Plaintiffs' expert reports will be due no later than 30 days after FEMA completes its production of all responsive documents and the Vaughn index to Plaintiffs. Signed by Judge Darrel James Papillion on 02/14/2024. (ko) (Entered: 02/14/2024)
2024-04-2625EXPARTE/CONSENT Joint MOTION to Vacate Scheduling Order and Adopt Summary Judgment Briefing Schedule by Federal Emergency Management Agency. (Attachments: # 1 Proposed Order)(Desta, Yoseph) (Entered: 04/26/2024)
2024-04-2926ORDER granting 25 Joint MOTION to Vacate Scheduling Order and Adopt Summary Judgment Briefing Schedule . IT IS FURTHER ORDERED that the 13 , 24 scheduling order in this case and the deadlines contained therein, are hereby VACATED. IT IS FURTHER ORDERED that the Court adopts the following briefing schedule for cross-motions for summary judgment, as stated herein. Signed by Judge Darrel James Papillion on 4/29/2024.(pp) (Entered: 04/29/2024)
2024-06-1427**DEFICIENT** EXPARTE/CONSENT MOTION for Leave to File Excess Pages by Federal Emergency Management Agency. (Attachments: # 1 Proposed Order for Motion for Additional Pages (for Summary Judgment Memorandum), # 2 Proposed Pleading Motion for Summary Judgment, # 3 Proposed Pleading Memorandum in Support of Motion for Summary Judgment, # 4 Affidavit of Tammi Hines in Support of Summary Judgment, # 5 Exhibit Hines Affidavit Vaughn Index, # 6 Exhibit Hines Affidavit Letter Attachment, # 7 Affidavit of Naomi Ondrich in Support of Summary Judgment, # 8 Affidavit of Roger Grenier in Support of Summary Judgment, # 9 Affidavit of Jeffrey Chen in Support of Summary Judgment, # 10 Affidavit of Matthew Chamberlain in Support of Summary Judgment, # 11 Affidavit of Mikhail Palatnik in Support of Summary Judgment, # 12 Exhibit Palatnik Affidavit Letter Attachment, # 13 Statement of Contested/Uncontested Facts in Support of Summary Judgment, # 14 Proposed Order for Summary Judgment)(Desta, Yoseph) Modified on 6/17/2024 (ko). (Entered: 06/14/2024)
2024-06-1728**DEFICIENT** EXPARTE/CONSENT MOTION for Leave to File Excess Pages by Federal Emergency Management Agency. (Attachments: # 1 Proposed Order for Motion for Additional Pages, # 2 Notice of Submission for Motion for Additional Pages, # 3 Proposed Pleading Motion for Summary Judgment, # 4 Proposed Pleading Memorandum in Support of Motion for Summary Judgment, # 5 Affidavit of Tammi Hines in Support of Summary Judgment, # 6 Exhibit Hines Affidavit Vaughn Index, # 7 Exhibit Hines Affidavit Letter Attachment, # 8 Affidavit of Naomi Ondrich in Support of Summary Judgment, # 9 Affidavit of Roger Grenier in Support of Summary Judgment, # 10 Affidavit of Jeffrey Chen in Support of Summary Judgment, # 11 Affidavit of Matthew Chamberlain in Support of Summary Judgment, # 12 Affidavit of Mikhail Palatnik in Support of Summary Judgment, # 13 Exhibit Palatnik Affidavit Letter Attachment, # 14 Statement of Contested/Uncontested Facts in Support of Summary Judgment, # 15 Proposed Order for Summary Judgment)(Desta, Yoseph) Modified on 6/18/2024 (ko). (Entered: 06/17/2024)
2024-06-1829EXPARTE/CONSENT MOTION for Leave to File Excess Pages by Federal Emergency Management Agency. (Attachments: # 1 Proposed Order for Motion for Additional Pages, # 2 Notice of Submission for Motion for Additional Pages, # 3 Proposed Pleading Motion for Summary Judgment, # 4 Proposed Pleading Memorandum in Support of Motion for Summary Judgment, # 5 Affidavit of Tammi Hines in Support of Summary Judgment, # 6 Exhibit Hines Affidavit Vaughn Index, # 7 Exhibit Hines Affidavit Letter Attachment, # 8 Affidavit of Naomi Ondrich in Support of Summary Judgment, # 9 Affidavit of Roger Grenier in Support of Summary Judgment, # 10 Affidavit of Jeffrey Chen in Support of Summary Judgment, # 11 Affidavit of Matthew Chamberlain in Support of Summary Judgment, # 12 Affidavit of Mikhail Palatnik in Support of Summary Judgment, # 13 Exhibit Palatnik Affidavit Letter Attachment, # 14 Statement of Contested/Uncontested Facts in Support of Summary Judgment, # 15 Proposed Order for Summary Judgment, # 16 Notice of Submission for Motion for Summary Judgment)(Desta, Yoseph) (Entered: 06/18/2024)
2024-06-1830ORDER granting 29 Motion for Additional Pages re Motion for Summary Judgment. Signed by Judge Darrel James Papillion on 06/18/2024. (ko) (Entered: 06/18/2024)
2024-06-1831MOTION for Summary Judgment by Federal Emergency Management Agency. Motion(s) will be submitted on 9/4/2024. (Attachments: # 1 Memorandum in Support, # 2 Affidavit Tammi Hines, # 3 Exhibit to Hines Affidavit--Vaughn Index, # 4 Exhibit to Hines Affidavit--Letter, # 5 Affidavit Naomi Ondrich, # 6 Affidavit Roger Grenier, # 7 Affidavit Jeffrey Chen, # 8 Affidavit Matthew Chamberlain, # 9 Affidavit Mikhail Palatnik, # 10 Exhibit to Palatnik Affidavit--Letter, # 11 Statement of Contested/Uncontested Facts, # 12 Proposed Order, # 13 Notice of Submission)(ko) (Entered: 06/18/2024)
2024-06-2032NOTICE TO PRODUCE HARD COPY re 31 MOTION for Summary Judgment. (cwa) (Entered: 06/20/2024)
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by FOIA Project Staff
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