Filed: Jan. 14, 2020
Latest Update: Jan. 14, 2020
Summary: JOINT STATUS REPORT AND ORDER JAMES L. ROBART , District Judge . Plaintiff SEA SHEPHERD LEGAL ("SSL") filed the above-captioned lawsuit under the Freedom of Information Act ("FOIA") against Defendants NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION ("NOAA") and NATIONAL MARINE FISHERIES SERVICES ("NMFS"), seeking disclosure of certain documents. This request is supplemental to the request at issue in a related case, Sea Shepherd Legal v. NOAA, et al., 19-cv-463-JLR. On October 11, 2019, t
Summary: JOINT STATUS REPORT AND ORDER JAMES L. ROBART , District Judge . Plaintiff SEA SHEPHERD LEGAL ("SSL") filed the above-captioned lawsuit under the Freedom of Information Act ("FOIA") against Defendants NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION ("NOAA") and NATIONAL MARINE FISHERIES SERVICES ("NMFS"), seeking disclosure of certain documents. This request is supplemental to the request at issue in a related case, Sea Shepherd Legal v. NOAA, et al., 19-cv-463-JLR. On October 11, 2019, th..
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JOINT STATUS REPORT AND ORDER
JAMES L. ROBART, District Judge.
Plaintiff SEA SHEPHERD LEGAL ("SSL") filed the above-captioned lawsuit under the Freedom of Information Act ("FOIA") against Defendants NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION ("NOAA") and NATIONAL MARINE FISHERIES SERVICES ("NMFS"), seeking disclosure of certain documents. This request is supplemental to the request at issue in a related case, Sea Shepherd Legal v. NOAA, et al., 19-cv-463-JLR. On October 11, 2019, the Court granted the parties' stipulated motion to stay the dispositive briefing schedule in the related case. Sea Shepherd Legal v. NOAA, et al. 19-cv-463-JLR, Dkt. No. 19. Defendants began processing additional documents in response to Plaintiff's FOIA requests at issue in that case, as well as Plaintiff's supplemental FOIA request in this case.
Since the Court granted the parties' stipulated motion, Defendants have conducted a search of potentially responsive records between December 21, 2018 and March 18, 2019 ("Gap Documents"). On November 4, 2019, Defendants fully released 191 Gap Documents. On November 19, 2019, Defendants fully released 106 Gap Documents and 141 partially-redacted Gap Documents. Because much the subject matter of the two FOIA requests substantially overlap, Defendants are currently processing potentially responsive records to SSL's FOIA request at issue in this case and the FOIA request in the related case, for the period prior to October 9, 2019. Defendants intend to produce monthly interim record releases to SSL.
The parties believe that responding to the supplemental FOIA request, with the inclusion of the gap period, may lead to the resolution of both this case and the related case without the need for additional judicial intervention.
Accordingly, for good cause as described above, the parties respectfully request that the Court allow the parties to file a status report on or before February 7, 2019.
Dated this 8th day of January 2020.
Respectfully submitted,
s/ Brett W. Sommermeyer
BRETT W. SOMMERMEYER, WSBA # 30003
s/ Catherine E. Pruett
CATHERINE E. PRUETT, WSBA # 35140
s/ Darius G. Fullmer
DARIUS G. FULLMER, WSBA # 55491
SEA SHEPHERD LEGAL
2226 Eastlake Avenue East, No. 108
Seattle, WA 98102
Phone: (206) 504-1600
Email: brett@seashepherdlegal.org
Email: catherine@seashepherdlegal.org
Email: darius@seashepherdlegal.org
Attorneys for Plaintiff
s/ Michelle R. Lambert
MICHELLE R. LAMBERT, NY # 4666657
Assistant United States Attorney
United States Attorney's Office
1201 Pacific Avenue, Suite 700
Tacoma, Washington 98402
Phone: 253-428-3824
Email: michelle.lambert@usdoj.gov
Attorneys for Defendants
ORDER
Having reviewed the parties' stipulated motion, the Court finds good cause shown for the parties to continue working towards a resolution of this matter. The parties shall submit a joint status report to the Court on or before February 7, 2020.
