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Case TitleBESSON v. UNITED STATES DEPARTMENT OF COMMERCE
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2018cv02527
Date Filed2018-10-22
Date ClosedOpen
JudgeJudge Amit P. Mehta
PlaintiffDAVID H. BESSON
Case DescriptionDavid Besson submitted a FOIA request to the Department of Commerce for records concerning the Cooperative Research and Development Agreement between Ligado Networks and the National Institute of Standards and Technology. The agency acknowledged receipt of the request and withheld some records under Exemption 4 (confidential business information). Benson filed an administrative appeal of the agency's decision, but after hearing nothing further from the agency, Benson filed suit.
Complaint issues: Litigation - Attorney's fees, Failure to respond within statutory time limit

DefendantUNITED STATES DEPARTMENT OF COMMERCE
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2018-10-221COMPLAINT against UNITED STATES DEPARTMENT OF COMMERCE ( Filing fee $ 400, receipt number 4616095260) filed by DAVID H. BESSON. (Attachments: # 1 Exhibit, # 2 Civil Cover Sheet)(jf) (Entered: 11/05/2018)
2018-10-22SUMMONS Not Issued as to UNITED STATES DEPARTMENT OF COMMERCE (jf) (Entered: 11/05/2018)
2018-10-222MOTION to Compel by DAVID H. BESSON (jf) (Entered: 11/05/2018)
2018-10-223MOTION for CM/ECF Password by DAVID H. BESSON (jf) (Entered: 11/05/2018)
2018-11-05MINUTE ORDER granting 3 Motion for CM/ECF User Name and Password. Pro se Plaintiff may obtain a CM/ECF user name and password from the Clerk. Signed by Judge Amit P. Mehta on 11/05/2018. (lcapm1) (Entered: 11/05/2018)
2018-11-05MINUTE ORDER denying 2 Plaintiff's Motion to Compel Preparation of a Vaughn Index as premature. Plaintiff may renew the Motion, if appropriate, at a later time. Signed by Judge Amit P. Mehta on 11/05/2018. (lcapm1) (Entered: 11/05/2018)
2018-11-084AMENDED COMPLAINT against UNITED STATES DEPARTMENT OF COMMERCE filed by DAVID H. BESSON. (Attachments: # 1 Exhibit 26OCT18 DOC letter denying FOIA appeal)(BESSON, DAVID) (Entered: 11/08/2018)
2018-11-09SUMMONS (3) Issued as to UNITED STATES DEPARTMENT OF COMMERCE, U.S. Attorney and U.S. Attorney General (zmd) (Entered: 11/09/2018)
2018-11-275RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 11/23/2018. (BESSON, DAVID) (Entered: 11/27/2018)
2018-11-306RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 11/23/2018. Answer due for ALL FEDERAL DEFENDANTS by 12/23/2018. (BESSON, DAVID) (Entered: 11/30/2018)
2018-11-307RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES DEPARTMENT OF COMMERCE served on 11/23/2018 (BESSON, DAVID) (Entered: 11/30/2018)
2018-12-218NOTICE of Appearance by Matthew Evan Kahn on behalf of UNITED STATES DEPARTMENT OF COMMERCE (Kahn, Matthew) (Entered: 12/21/2018)
2018-12-219ANSWER to 4 Amended Complaint by UNITED STATES DEPARTMENT OF COMMERCE.(Kahn, Matthew) (Entered: 12/21/2018)
2018-12-2110ORDER. Both a Complaint and an Answer are now before the court in this FOIA case. It is hereby ordered that the parties shall meet and confer and file a Joint Status Report on or before January 4, 2019. The Joint Status Report shall include (1) the status of Plaintiffs FOIA request; (2) the anticipated number of documents responsive to Plaintiffs FOIA request; (3) the anticipated date(s) for release of the documents requested by Plaintiff; (4) whether a motion for stay is likely under Open America v. Watergate Special Prosecution Force, 547 F.2d 605 (D.C. Cir. 1976); and (5) whether the parties anticipate summary judgment briefing and, if so, a proposed briefing schedule. Please see the attached Order for details. Signed by Judge Amit P. Mehta on 12/21/2018. (lcapm2) (Entered: 12/21/2018)
2018-12-21Set/Reset Deadlines: Joint Status Report due by 1/4/2019. (zjd) (Entered: 12/21/2018)
2019-01-0211Consent MOTION to Stay by UNITED STATES DEPARTMENT OF COMMERCE (Kahn, Matthew). Added MOTION for Extension of Time on 1/4/2019 (znmw). (Entered: 01/02/2019)
2019-01-0312Second MOTION for Vaughn Index by DAVID H. BESSON (Attachments: # 1 Exhibit NASCTN GPS Project Final Briefing, # 2 Exhibit June 2017 Briefing to PNT Advisory Board, # 3 Exhibit NASCTN Report 1 Impact of LTE on GPS (Introduction and Parts 1-2), # 4 Exhibit Measurement Data Request Form, # 5 Exhibit Revised Test Plan, # 6 Exhibit Draft Test Plan, # 7 Exhibit Adjudicated Comments)(BESSON, DAVID) (Entered: 01/03/2019)
2019-01-07MINUTE ORDER granting 11 Defendant's Consent Motion for a Stay of Proceedings. This matter is hereby stayed. Within three business days of Department of Justice operations resuming, Defendant shall notify the court by when the parties will file their Joint Status Report. Signed by Judge Amit P. Mehta on 01/07/2019. (lcapm1) (Entered: 01/07/2019)
2019-01-3013Joint STATUS REPORT and Proposed Briefing Schedule by UNITED STATES DEPARTMENT OF COMMERCE. (Kahn, Matthew) (Entered: 01/30/2019)
2019-01-30MINUTE ORDER setting the following schedule for further proceedings in this matter: Plaintiff's Motion for Summary Judgement shall be due by February 8, 2019; Defendant's Opposition and Cross Motion for Summary Judgement shall be due by March 1, 2019; Plaintiff's Reply and Opposition shall be due by March 15, 2019; and Defendant's Reply shall be due March 29, 2019. Signed by Judge Amit P. Mehta on 01/30/2019. (lcapm1) (Entered: 01/30/2019)
2019-01-30Set/Reset Deadlines: Plaintiff's Motion for Summary Judgment due by 2/8/2019. Defendant's Opposition and Cross Motion due by 3/1/2019. Plaintiff's Reply and Opposition due by 3/15/2019. Defendant's Reply due by 3/29/2019. (zjd) (Entered: 02/05/2019)
2019-02-0714MOTION for Summary Judgment by DAVID H. BESSON (BESSON, DAVID) (Entered: 02/07/2019)
2019-02-0815STRICKEN PURSUANT TO MINUTE ORDER FILED 2/12/2019.....ORDER advising Plaintiff to respond by March 1, 2019, to Defendant United States Department of Commerce's 14 Motion for Summary Judgment or risk summary judgment in Defendant's favor. See the attached Order for additional details. Signed by Judge Amit P. Mehta on 02/08/2019. (lcapm1) Modified on 2/12/2019 (zjd). (Entered: 02/08/2019)
2019-02-12MINUTE ORDER directing the clerk to strike and the parties to disregard the February 8, 2019 Order, ECF No. 15, as entered in error. Signed by Judge Amit P. Mehta on 02/12/2019. (lcapm1) (Entered: 02/12/2019)
2019-03-0116Memorandum in opposition to re 14 MOTION for Summary Judgment filed by UNITED STATES DEPARTMENT OF COMMERCE. (Attachments: # 1 Table of Contents, # 2 Table of Authorities, # 3 Memorandum in Support, # 4 Statement of Facts, # 5 Declaration, # 6 Exhibit A1, # 7 Exhibit A2, # 8 Exhibit A3, # 9 Exhibit A4, # 10 Exhibit A5, # 11 Exhibit A6, # 12 Text of Proposed Order, # 13 Certificate of Service)(Kahn, Matthew) (Entered: 03/01/2019)
2019-03-0117Cross MOTION for Summary Judgment by UNITED STATES DEPARTMENT OF COMMERCE. (See Docket Entry 16 to view document) (jf) (Entered: 03/04/2019)
2019-03-04NOTICE OF ERROR re 16 Memorandum in Opposition; emailed to matthew.kahn@usdoj.gov, cc'd 1 associated attorneys -- The PDF file you docketed contained errors: 1. Two-part docket entry, 2. DO NOT REFILE - Counsel is reminded to docket all parts of their pleading(s) (zjf, ) (Entered: 03/04/2019)
2019-03-0418NOTICE of Pending Supreme Court Case by UNITED STATES DEPARTMENT OF COMMERCE re 17 MOTION for Summary Judgment, 16 Memorandum in Opposition, (Attachments: # 1 Certificate of Service)(Kahn, Matthew) (Entered: 03/04/2019)
2019-03-0519ERRATA by UNITED STATES DEPARTMENT OF COMMERCE 18 Notice (Other) filed by UNITED STATES DEPARTMENT OF COMMERCE. (Attachments: # 1 Brief, # 2 Certificate of Service)(Kahn, Matthew) (Entered: 03/05/2019)
2019-03-0620ORDER advising Plaintiff to respond by March 15, 2019, to Defendant United States Department of Commerce's 17 Cross-Motion for Summary Judgment or risk summary judgment in Defendant's favor. See the attached Order for additional details. Signed by Judge Amit P. Mehta on 03/06/2019. (lcapm1) (Entered: 03/06/2019)
2019-03-06Set/Reset Deadlines: Plaintiff's Response due by 3/15/2019. (zjd) (Entered: 03/10/2019)
2019-03-1521RESPONSE re 17 Cross MOTION for Summary Judgment by DAVID H. BESSON (BESSON, DAVID) Modified event title and link on 3/18/2019 (znmw). (Entered: 03/15/2019)
2019-03-1522REPLY to opposition to motion re 14 MOTION for Summary Judgment filed by DAVID H. BESSON. (See Docket Entry 21 to view document). (znmw) (Entered: 03/18/2019)
2019-03-2923Consent MOTION for Extension of Time to File Reply by UNITED STATES DEPARTMENT OF COMMERCE (Attachments: # 1 Text of Proposed Order)(Kahn, Matthew) (Entered: 03/29/2019)
2019-04-01MINUTE ORDER granting 23 Defendant's Consent Motion for Extension of Time. Defendant shall file a Reply in Support of Defendant's Cross-Motion for Summary Judgment on or before April 3, 2019. Signed by Judge Amit P. Mehta on 04/01/2019. (lcapm1) Modified on 4/1/2019 (lcapm1, ). (Entered: 04/01/2019)
2019-04-01Set/Reset Deadlines: Reply to Cross Motion due by 4/3/2019. (kh) (Entered: 04/01/2019)
2019-04-0324REPLY to opposition to motion re 21 Cross MOTION for Summary Judgment filed by UNITED STATES DEPARTMENT OF COMMERCE. (Attachments: # 1 Statement of Facts)(Kahn, Matthew) (Entered: 04/03/2019)
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