Case Detail

FOIA Project Annotation: Judge Richard Leon has granted the SEC an Open America stay of proceedings and given the agency another year to process a request for records concerning Banadex, a Colombia-based subsidiary of Chiquita Brands International. The National Security Archive submitted the request in November 2008. The agency designated the request as a complex one and told the Security Archive that if it did not hear from the Archive by May 11, 2009 it would close the request. The agency did not hear back, although the Security Archive said it never received the SEC's letter. Although the Security Archive renewed and narrowed its request, the agency found 25 boxes of potentially responsive records. With 18 complex requests ahead of the Security Archive's request, the agency argued that exceptional circumstances existed favoring the grant of a stay. Leon noted that "as the SEC's supporting declaration explains, unanticipated FOIA requests have increased against the backdrop of the Bernie Madoff investigation, the financial crisis, and related regulatory reforms. Specifically, the SEC points to a deluge of complicated requests which, when viewed together, support a determination of exceptional circumstances. For example, from 2001 to 2008, FOIA requests increased by more than 300%; in the first four months of fiscal year 2010, the SEC received an average of 967 new FOIA requests per monthâ€"a 47% increase per month compared to 2009; and since 2006, the SEC has been working through a backlog of 10,403 requests. At the same time resourcesâ€"and most notably, FOIA staff membersâ€"have been diverted to assist with multiple FOIA lawsuits, at least five of which are particularly resource-intensive and involve tens of thousands of documents." Leon discerned that the agency was proceeding with due diligence "first, by creating and implementing the [First In, First Out] system; and second, it has, among other things, implemented new technology to streamline and expedite the processing of FOIA requests and has made agency records available on the SEC's public website. It also made reasonable progress by increasing the number of FOIA requests processed and by reducing substantially both the agency's backlog and the number of requests in the FIFO track." He concluded that "based on the combination of these factors, the Court concludes that the SEC satisfies the requirements for an Open America stay."
Issues: Delay - Stay of proceedings

Date Filed	Doc #	Docket Text
2010-01-21	1	COMPLAINT against UNITED STATES SECURITIES AND EXCHANGE COMMISSION ( Filing fee $ 350, receipt number 4616026928) filed by NATIONAL SECURITY ARCHIVE. (Attachments: # 1 Civil Cover Sheet)(dr) (Entered: 01/22/2010)
2010-01-21		SUMMONS (3) Issued as to UNITED STATES SECURITIES AND EXCHANGE COMMISSION, U.S. Attorney and U.S. Attorney General (dr) (Entered: 01/22/2010)
2010-01-21	2	LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests NONE by NATIONAL SECURITY ARCHIVE (dr) (Entered: 01/22/2010)
2010-02-01	3	SUMMONS Returned Executed by NATIONAL SECURITY ARCHIVE. UNITED STATES SECURITIES AND EXCHANGE COMMISSION served on 1/25/2010, answer due 2/24/2010. (Attachments: # 1 Certificate of Service Proof of Service)(Gutman, Jeffrey) (Entered: 02/01/2010)
2010-02-02	4	STANDING ORDER. Signed by Judge Richard J. Leon on 2/2/10. (lcrjl2) (Entered: 02/02/2010)
2010-02-12	5	NOTICE Cerificate of Service of Case Management Order by NATIONAL SECURITY ARCHIVE re 4 Order (Gutman, Jeffrey) (Entered: 02/12/2010)
2010-02-22	6	ANSWER to 1 Complaint by UNITED STATES SECURITIES AND EXCHANGE COMMISSION.(Hancur, Sarah) (Entered: 02/22/2010)
2010-03-15	7	SUMMONS Returned Executed by NATIONAL SECURITY ARCHIVE as to U.S. Attorney General. SECURITIES AND EXCHANGE COMMISSION served 2/3/2010. (Gutman, Jeffrey) Modified on 3/16/2010 (znmw, ). (Entered: 03/15/2010)
2010-03-15	8	SUMMONS Returned Executed by NATIONAL SECURITY ARCHIVE as to U.S. Attorney. SECURITIES AND EXCHANGE COMMISSION served 2/3/2010, answer due 3/5/2010. (Gutman, Jeffrey) Modified on 3/16/2010 (znmw, ). (Entered: 03/15/2010)
2010-03-15	9	SUMMONS Returned Executed by NATIONAL SECURITY ARCHIVE. SECURITIES AND EXCHANGE COMMISSION SERVED 2/1/2010, answer due 3/3/2010. (Gutman, Jeffrey) Modified on 3/16/2010 (znmw, ). (Entered: 03/15/2010)
2010-03-16		Set/Reset Deadlines: Answer due by 3/5/2010, (znmw, ) (Entered: 03/16/2010)
2010-03-30	10	MOTION to Stay by UNITED STATES SECURITIES AND EXCHANGE COMMISSION (Attachments: # 1 Memorandum in Support, # 2 Declaration, # 3 Text of Proposed Order, # 4 Certificate of Service)(Hancur, Sarah) (Entered: 03/30/2010)
2010-04-05	11	MEET AND CONFER STATEMENT. (Attachments: # 1 Text of Proposed Order)(Hancur, Sarah) (Entered: 04/05/2010)
2010-04-06		MINUTE ORDER. It is hereby ORDERED that the following schedule shall govern briefing on 10 Defendant's Motion to Stay Proceedings. Plaintiff's opposition and motion for judgment on the pleadings shall be due on 4/30/10. Defendant's reply and opposition to plaintiff's motion for judgment on the pleadings shall be due on 5/14/10. Plaintiff's reply to the defendant's opposition to plaintiff's motion for judgment on the pleadings shall be due 5/21/10. Signed by Judge Richard J. Leon on 4/6/10. (lcrjl2, ) (Entered: 04/06/2010)
2010-04-30	12	MOTION for Judgment on the Pleadings and Opposition to Defendant's Motion to Stay Proceedings by NATIONAL SECURITY ARCHIVE (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order)(Gutman, Jeffrey) (Entered: 04/30/2010)
2010-04-30	13	Memorandum in opposition to re 10 MOTION to Stay filed by NATIONAL SECURITY ARCHIVE. (See Docket Entry 12 to view document. Counsel is reminded to file the opposition as a separate docket entry in future). (znmw, ) (Entered: 05/03/2010)
2010-05-14	14	REPLY to opposition to motion re 10 MOTION to Stay and re 12 Opposition to Motion for Judgment on the Pleadings filed by UNITED STATES SECURITIES AND EXCHANGE COMMISSION. (Attachments: # 1 Declaration, # 2 Text of Proposed Order)(Hancur, Sarah) (Entered: 05/14/2010)
2010-05-14	15	Memorandum in opposition to re 12 MOTION for Judgment on the Pleadings and Opposition to Defendant's Motion to Stay Proceedings filed by UNITED STATES SECURITIES AND EXCHANGE COMMISSION. (See Docket Entry 14 to view document. Counsel is reminded to file the opposition as a separate docket entry in future). (znmw, ) (Entered: 05/17/2010)
2010-05-21	16	REPLY to opposition to motion re 12 MOTION for Judgment on the Pleadings and Opposition to Defendant's Motion to Stay Proceedings filed by NATIONAL SECURITY ARCHIVE. (Attachments: # 1 Exhibit Exhibit 1)(Gutman, Jeffrey) (Entered: 05/21/2010)
2010-11-08	17	STATUS REPORT Regarding Recent Development by NATIONAL SECURITY ARCHIVE. (Attachments: # 1 Exhibit Exhibit 1)(Gutman, Jeffrey) (Entered: 11/08/2010)
2010-11-24	18	RESPONSE to 17 Status Report filed by UNITED STATES SECURITIES AND EXCHANGE COMMISSION. (Hancur, Sarah) Modified on 11/29/2010 to add link (jf, ). (Entered: 11/24/2010)
2011-03-11	19	MEMORANDUM ORDER, Ordered that defendant's motion 10 to stay proceedings is GRANTED IN PART, for a period of twelve (12) months, this 10th day of March 2011. It is further Ordered that plaintiff's motion for judgment on the pleadings 12 is DENIED. SO ORDERED. Signed by Judge Richard J. Leon on 3/10/2011. (see memorandum order) (kc ) (Entered: 03/11/2011)
2011-03-14		Case Stayed for a period of twelve (12) months. (kc ) (Entered: 03/14/2011)
2012-04-16	20	Consent MOTION for Hearing by NATIONAL SECURITY ARCHIVE (Attachments: # 1 Text of Proposed Order)(Gutman, Jeffrey) (Entered: 04/16/2012)
2012-10-27	21	Unopposed MOTION for Hearing Status Conference by NATIONAL SECURITY ARCHIVE (Attachments: # 1 Text of Proposed Order)(Gutman, Jeffrey) (Entered: 10/27/2012)
2012-12-12		Set/Reset Hearings: Status Conference set for 1/11/2013 03:30 PM in Courtroom 18 before Judge Richard J. Leon. (kc ) (Entered: 12/12/2012)
2013-01-11		Minute Entry for proceedings held before Judge Richard J. Leon: Status Conference held on 1/11/2013.Status Conference set for 2/4/2013 at 03:00 PM in Courtroom 18 before Judge Richard J. Leon. (Court Reporter Theresa Sorenson.) (kc) (Entered: 01/11/2013)
2013-02-01	22	NOTICE of Filing by UNITED STATES SECURITIES AND EXCHANGE COMMISSION (Attachments: # 1 Exhibit A - Jan. 18, 2013 Decision, # 2 Exhibit B - Jan. 28, 2013 Appeal)(Hancur, Sarah) (Entered: 02/01/2013)
2013-02-04		Minute Entry for proceedings held before Judge Richard J. Leon: Status Conference held on 2/4/2013. Status Conference set for 2/26/2013 at 3:00 PM in Courtroom 18 before Judge Richard J. Leon. (Court Reporter Patty A. Gels) (jth) (Entered: 02/04/2013)
2013-02-26		Minute Entry for proceedings held before Judge Richard J. Leon: Status Conference held on 2/26/2013. Status Conference set for 3/11/2013 at 02:00 PM in Courtroom 18 before Judge Richard J. Leon. (Court Reporter Patty Gels.) (kc ) (Entered: 02/26/2013)
2013-03-08	23	NOTICE of Filing by UNITED STATES SECURITIES AND EXCHANGE COMMISSION (Attachments: # 1 Exhibit A)(Hancur, Sarah) (Entered: 03/08/2013)
2013-03-11		Minute Entry: Status Conference held on 3/11/2013 before Judge Richard J. Leon: Status Conference set for 3/25/2013 02:00 PM in Courtroom 18 before Judge Richard J. Leon. (Court Reporter Patty Gels) (tb, ) (Entered: 03/12/2013)
2013-03-21	24	Consent MOTION to Continue the March 25, 2013 Status Conference by UNITED STATES SECURITIES AND EXCHANGE COMMISSION (Attachments: # 1 Exhibit 1 - 3/13/13 Letter, # 2 Exhibit 2 - 3/15/13 Letter, # 3 Exhibit 3 - 3/18/13 Letter, # 4 Exhibit 4 3/21/13 Letter)(Hancur, Sarah) (Entered: 03/21/2013)
2013-03-24		MINUTE ORDER granting 24 Motion to Continue. It is hereby ORDERED that the motion is GRANTED and the status conference set for March 25, 2013 is continued to a date to be determined. Signed by Judge Richard J. Leon on 3/24/13. (lcrjl2) (Entered: 03/24/2013)
2013-03-25		Terminate Hearings: The 3/25/2013 Status Conference is hereby terminated. (kc) (Entered: 03/25/2013)
2013-03-28	25	NOTICE of Reconsideration Decision by UNITED STATES SECURITIES AND EXCHANGE COMMISSION (Attachments: # 1 Exhibit 1)(Hancur, Sarah) (Entered: 03/28/2013)
2013-04-03		Set/Reset Hearings: Status Conference set for 4/18/2013 04:00 PM in Courtroom 18 before Judge Richard J. Leon. (kc) (Entered: 04/03/2013)
2013-04-04		Set/Reset Hearings: Status Conference originally set for 4/18/2013 is rescheduled for 4/16/2013 at 04:00 PM in Courtroom 18 before Judge Richard J. Leon. (kc ) (Entered: 04/04/2013)
2013-04-16		Minute Entry for proceedings held before Judge Richard J. Leon: Status Conference held on 4/16/2013. (Court Reporter Patty Gels.) (kc ) (Entered: 04/17/2013)
2016-03-07	26	ORDER TO SHOW CAUSE: It is hereby ordered that plaintiff shall show cause in writing within 30 days of this Order why the action should not be dismissed for failure to prosecute pursuant to Local Rule 83.23; and it is further ordered that failure to file a timely response may result in the dismissal of this action. Signed Judge Richard J. Leon on 03/04/16. (tb) (Entered: 03/07/2016)
2016-03-11	27	STIPULATION of Dismissal With Prejudice by NATIONAL SECURITY ARCHIVE. (Gutman, Jeffrey) (Entered: 03/11/2016)
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