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OREGON NATURAL DESERT ASS'N v. GUTIERREZ

No. 05-210-KI.

409 F.Supp.2d 1237 (2006)

OREGON NATURAL DESERT ASS'N, Plaintiff, v. Carlos M. GUTIERREZ, Secretary, United States Department of Commerce, William T. Hogarth, Director, Noaa Fisheries, and Nat'l Marine Fisheries Serv., Defendants.

United States District Court, D. Oregon.

January 9, 2006.

Attorney(s) appearing for the Case

Peter M. Lacy, Oregon Natural Desert Association, Portland, OR, Stephanie M. Parent, Pacific Environmental Advocacy Center, Portland, OR, for Plaintiff.

Karin J. Immergut, United States Attorney, District of Oregon, Portland, OR, Herbert Sundby, Assistant United States Attorney, Portland, OR, Elizabeth J. Shapiro, Assistant Branch Director, Peter T. Wechsler, United States Department of Justice, Civil Division, Federal Programs Branch, Washington, DC, for Defendants.

OPINION AND ORDER

KING, District Judge.

Plaintiff Oregon Natural Desert Association ("ONDA") challenges the response by NOAA Fisheries,1 a component of the Department of Commerce, to ONDA's request under the Freedom of Information Act ("FOIA"), 5 U.S.C. § 552. Commerce regulations refer some documents to originating agencies for a direct response and set a cut-off date for documents that will be produced. The issue is whether...

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