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Case TitleMitchell v. United States Securities and Exchange Commission
DistrictNorthern District of Illinois
CityChicago
Case Number1:2014cv03924
Date Filed2014-05-28
Date Closed2016-03-28
JudgeHonorable James B. Zagel
PlaintiffMark Mitchell
Case DescriptionMark Mitchell, a reporter for the online publication DeepCapture, submitted 26 FOIA requests to the Securities and Exchange Commission for records of various administrative proceedings. The agency responded to several by indicating that it had found no records or was withholding records under Exemption 7(A) (interference with ongoing investigation or proceeding). He filed administrative appeals for the requests to which the agency responded. However, the agency failed to respond to the majority of Mitchell's requests and he finally filed suit.
Complaint issues: Failure to respond within statutory time limit, Exemption 7(A) - Categorical exemption

DefendantUnited States Securities and Exchange Commission
Documents
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User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2014-05-281COMPLAINT filed by Mark Mitchell; Filing fee $ 400, receipt number 0752-9522914. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21 Exhibit 21, # 22 Exhibit 22, # 23 Exhibit 23, # 24 Exhibit 24, # 25 Exhibit 25, # 26 Exhibit 26, # 27 Exhibit 27, # 28 Exhibit 28, # 29 Exhibit 29, # 30 Exhibit 30, # 31 Exhibit 31, # 32 Exhibit 32, # 33 Exhibit 33, # 34 Exhibit 34, # 35 Exhibit 35, # 36 Exhibit 36, # 37 Exhibit 37, # 38 Exhibit 38, # 39 Exhibit 39, # 40 Exhibit 40, # 41 Exhibit 41, # 42 Exhibit 42, # 43 Exhibit 43, # 44 Exhibit 44, # 45 Exhibit 45, # 46 Exhibit 46, # 47 Exhibit 47, # 48 Exhibit 48, # 49 Exhibit 49, # 50 Exhibit 50, # 51 Exhibit 51, # 52 Exhibit 52, # 53 Exhibit 53, # 54 Exhibit 54, # 55 Exhibit 55, # 56 Exhibit 56, # 57 Exhibit 57, # 58 Exhibit 58, # 59 Exhibit 59, # 60 Exhibit 60, # 61 Exhibit 61, # 62 Exhibit 62, # 63 Exhibit 63, # 64 Exhibit 64, # 65 Exhibit 65, # 66 Exhibit 66, # 67 Exhibit 67, # 68 Exhibit 68, # 69 Exhibit 69, # 70 Exhibit 70, # 71 Exhibit 71, # 72 Exhibit 72, # 73 Exhibit 73, # 74 Exhibit 74, # 75 Exhibit 75)(Wood, Hal) (Entered: 05/28/2014)
2014-05-282CIVIL Cover Sheet (Wood, Hal) (Entered: 05/28/2014)
2014-05-28CASE ASSIGNED to the Honorable James B. Zagel. Designated as Magistrate Judge the Honorable Susan E. Cox. (rc, ) (Entered: 05/28/2014)
2014-05-303MINUTE entry before the Honorable James B. Zagel: Status hearing set for 8/14/2014 at 9:15 a.m. Mailed notice (ep, ) (Entered: 05/30/2014)
2014-06-024ATTORNEY Appearance for Plaintiff Mark Mitchell by Hal J. Wood (Wood, Hal) (Entered: 06/02/2014)
2014-06-03SUMMONS Issued as to Defendant United States Securities and Exchange Commission (jp, ) (Entered: 06/03/2014)
2014-06-175MINUTE entry before the Honorable James B. Zagel: Status hearing set for 8/28/2014 at 9:15 a.m. Mailed notice (ep, ) (Entered: 06/17/2014)
2014-07-186DESIGNATION of LaShonda Annette Hunt as U.S. Attorney for Defendant United States Securities and Exchange Commission (Hunt, LaShonda) (Entered: 07/18/2014)
2014-07-237MOTION by Defendant United States Securities and Exchange Commission for leave to appear as Pro Hac Vice (Greig, William) (Entered: 07/23/2014)
2014-07-238MOTION by Defendant United States Securities and Exchange Commission for extension of time to file answer regarding complaint,,,,,, 1 (Attachments: # 1 Text of Proposed Order)(Greig, William) (Entered: 07/23/2014)
2014-07-239NOTICE of Motion by William Smith Greig for presentment of motion for extension of time to file answer, motion for relief 8 before Honorable James B. Zagel on 7/29/2014 at 09:30 AM. (Greig, William) (Entered: 07/23/2014)
2014-07-2410MINUTE entry before the Honorable James B. Zagel: Defendant's Motion for Leave to Appear Pro Hac Vice 7 is granted. Attorney William Smith Greig is granted leave to appear on behalf of Defendant. Defendant's Unopposed Motion for an Extension of Time 8 is granted. Defendant shall answer or otherwise plead on or before 8/18/14. Status hearing set for 8/28/14 is stricken and reset to 9/30/14 at 9:15 a.m. Motion hearing set for 7/29/14 is stricken and no appearance is necessary. Mailed notice (ep, ) (Entered: 07/24/2014)
2014-08-1811ANSWER to Complaint by United States Securities and Exchange Commission (Attachments: # 1 Certificate of Service)(Greig, William) (Entered: 08/18/2014)
2014-09-1812PAYMENT by Mark Mitchell of Pro Hac Fee $ 50, receipt number 0752-9876411. (Wood, Hal) (Entered: 09/18/2014)
2014-09-1813MOTION for Leave to Appear Pro Hac Vice Filing fee $ 50, receipt number 0752-9876496. Attorney Gary J. Aguirre on behalf of Plaintiff Mark Mitchell (Wood, Hal) Modified on 9/19/2014 (gcy, ). (Entered: 09/18/2014)
2014-09-3014Pursuant to Local Rule 72.1, this case is hereby referred to the calendar of Honorable Susan E. Cox for the purpose of holding proceedings related to: settlement conference. (ep, )Mailed notice. (Entered: 09/30/2014)
2014-09-3015MINUTE entry before the Honorable James B. Zagel: Status hearing held and continued to 12/11/14 at 9:15 a.m. This matter is referred to Judge Cox for the purpose of conducting a settlement conference. Motion for Leave to Appear Pro Hac Vice 13 is granted. Attorney Gary J. Aguirre is granted leave to appear on behalf of Plaintiff. Mailed notice (ep, ) (Entered: 09/30/2014)
2014-10-0116MINUTE entry before the Honorable Susan E. Cox: A status hearing is set for 10/09/2014 at 9:45 a.m. for the purpose of scheduling a settlement conference. Counsel that appears for this pre-settlement conference discussion must be counsel who will represent their respective clients at the conference, or are able to discuss the issues of the case and to schedule the conference on behalf of their clients. The Court expects counsel to discuss issues in the case that may affect the settlement process Mailed notice (np, ) (Entered: 10/01/2014)
2014-10-0217MOTION by Defendant United States Securities and Exchange Commission for leave to appear as Pro Hac Vice (Hardy, Melinda) (Entered: 10/02/2014)
2014-10-0918MINUTE entry before the Honorable Susan E. Cox: Status hearing held. Out of town counsel appeared telephonically. Settlement discussion held off the record with the consent of the parties. Parties provided the Court with a status of the case. Plaintiff is ordered to submit a letter to the SEC regarding his position on settlement on or before 10/23/2014. Defendant is to respond on or before 11/6/2014. Parties are reminded that an electronic copy of this submission must also be sent to the Court's proposed order box at the same time, proposed_order_cox@ilnd.uscourts.gov. Status hearing set for 11/13/2014 at 9:30 a.m. to schedule a settlement conference. Mailed notice (np, ) (Entered: 10/10/2014)
2014-11-0419MINUTE entry before the Honorable James B. Zagel: Motion for leave to appear Pro Hac Vice 17 is granted. Mailed notice. (nf, ) (Entered: 11/04/2014)
2014-11-1320MINUTE entry before the Honorable Susan E. Cox: Status hearing held. Out of town counsel appeared telephonically. Parties reported that the exchange of settlement letters has been positive; however the parties need to narrow the scope of documents and discuss the scope of redactions. Status hearing set for 12/3/2014 at 9:45 a.m. to report on progress, at which time the parties should be prepared to schedule a settlement conference. Out of town counsel may appear telephonically. The conference call in number is (888) 684 8852 and the passcode is 1664086. Mailed notice (np, ) (Entered: 11/13/2014)
2014-12-0221MINUTE entry before the Honorable Susan E. Cox: On the Court's own motion, status hearing set for 12/3/2014 is stricken and reset to 12/4/2014 at 9:45 a.m. Out of town counsel may appear by phone. The conference call in number is (888) 684 8852 and the passcode is 1664086. Mailed notice (np, ) (Entered: 12/02/2014)
2014-12-0322MINUTE entry before the Honorable Susan E. Cox: Per the request of the parties, status hearing set for 12/4/2014 at 9:45 a.m. is stricken and reset to 12/11/2014 at 9:30 a.m. Out of town counsel may appear by phone. The conference call in number is (888) 684 8852 and the passcode is 1664086. Mailed notice (np, ) (Entered: 12/03/2014)
2014-12-1123MINUTE entry before the Honorable James B. Zagel: Status hearing held and continued to 4/15/2015 at 9:15 a.m. Mailed notice (cdh, ) (Entered: 12/11/2014)
2014-12-1124MINUTE entry before the Honorable Susan E. Cox: Status hearing held. Out of town counsel appeared telephonically. Parties report that progress has been made and that a settlement conference would be fruitful. Settlement conference set for 3/10/2015 at 1:00 p.m. In the interim, parties will continue to resolve any outstanding discovery issues. Parties are to review and to comply with this Court's Standing Order Setting Settlement Conference which is available through the Court's webpage available at www.ilnd.uscourts.gov. Plaintiff's counsel to submit a written itemization of damages and settlement demand to defendants' counsel with a brief explanation of why such a settlement is appropriate on or before 2/10/2015. An electronic copy of this submission must also be sent to the Court's proposed order box at the same time, Proposed_Order_Cox@ilnd.uscourts.gov. Defendants' counsel to submit a written offer to plaintiff's counsel and the Court's proposed order box with a brief explanation of why such a settlement is appropriate on or before 3/3/2015. The settlement conference date may only be changed by the granting of a motion. Mailed notice (np, ) (Entered: 12/12/2014)
2015-03-0625MINUTE entry before the Honorable Susan E. Cox: The parties having contacted the Court indicating that they have reached a settlement in principle, the settlement conference set for 3/10/2015 at 1p.m. is hereby stricken. Mailed notice (np, ) (Entered: 03/06/2015)
2015-04-0226MINUTE entry before the Honorable Susan E. Cox: All matters relating to the referral of this action are resolved; this case is returned to the assigned judge. Referral terminated. Mailed notice (np, ) (Entered: 04/02/2015)
2015-04-0327WITHDRAWING LaShonda Annette Hunt as counsel for Defendant United States Securities and Exchange Commission and substituting Douglas G. Snodgrass as counsel of record (Snodgrass, Douglas) (Entered: 04/03/2015)
2015-04-0928NOTICE of Motion by William Smith Greig for presentment of before Honorable James B. Zagel on 4/15/2015 at 09:15 AM. (Attachments: # 1 Certificate of Service)(Greig, William) (Entered: 04/09/2015)
2015-04-0929MOTION by Defendant United States Securities and Exchange Commission to stay regarding notice of motion 28 (Joint Motion to Stay) (Attachments: # 1 Text of Proposed Order, # 2 Certificate of Service)(Greig, William) (Entered: 04/09/2015)
2015-04-1530MINUTE entry before the Honorable James B. Zagel: Status and motion hearing held. The parties' Joint Motion for a Stay 29 is granted. Enter Order staying this matter until 9/1/15. Mailed notice (ep, ) (Entered: 04/15/2015)
2015-04-1531ORDER. Signed by the Honorable James B. Zagel on 4/15/2015. Mailed notice(ep, ) (Entered: 05/13/2015)
2015-09-1132MINUTE entry before the Honorable James B. Zagel: Status hearing set for 9/28/15 at 10:00 a.m. Mailed notice (ep, ) (Entered: 09/11/2015)
2015-09-1733NOTICE of Motion by William Smith Greig for presentment of before Honorable James B. Zagel on 9/28/2015 at 10:00 AM. (Attachments: # 1 Certificate of Service)(Greig, William) (Entered: 09/17/2015)
2015-09-1734MOTION by Defendant United States Securities and Exchange Commission to stay regarding notice of motion 33 (Joint Motion to Extend Stay and to Vacate Hearing Date) (Attachments: # 1 Text of Proposed Order, # 2 Certificate of Service)(Greig, William) (Entered: 09/17/2015)
2015-09-1735MINUTE entry before the Honorable James B. Zagel: The parties' Joint Motion for an Order to Extend the Stay for Settlement to Close 34 is granted. The stay on this matter is extended to 11/2/15. Status and motion hearing set for 9/28/18 are stricken. Status hearing reset to 11/17/15 at 9:15 a.m. Mailed notice (ep, ) (Entered: 09/17/2015)
2015-11-1336NOTICE of Motion by William Smith Greig for presentment of before Honorable James B. Zagel on 11/17/2015 at 09:15 AM. (Attachments: # 1 Certificate of Service)(Greig, William) (Entered: 11/13/2015)
2015-11-1337MOTION by Defendant United States Securities and Exchange Commission to stay regarding notice of motion 36 (Second Joint Motion to Extend Stay and to Vacate Hearing Date) (Attachments: # 1 Text of Proposed Order, # 2 Certificate of Service)(Greig, William) (Entered: 11/13/2015)
2015-11-1638MINUTE entry before the Honorable James B. Zagel: The parties' Second Joint Motion for an Order to Extend the Stay for Settlement to Close 37 is granted. Status and motion hearings set for 11/17/15 are stricken and no appearance is necessary. The stay in this matter is extended to 1/12/16. Status hearing set for 1/21/16 at 9:15 a.m. Mailed notice (ep, ) (Entered: 11/16/2015)
2016-01-1539MINUTE entry before the Honorable James B. Zagel: At the Court's instance, the status hearing set for 1/21/16 is stricken and reset to 2/11/16 at 9:15 a.m. Mailed notice (ep, ) (Entered: 01/15/2016)
2016-02-1040STATUS Report (Jointly Filed Current Status Update) by United States Securities and Exchange Commission (Attachments: # 1 Certificate of Service)(Greig, William) (Entered: 02/10/2016)
2016-02-1041MINUTE entry before the Honorable James B. Zagel: Pursuant to the parties' Joint Status Report 40 , the status hearing set for 2/11/16 is stricken and reset to 3/29/16 at 9:15 a.m. If additional time is necessary, counsel may contact the Court's courtroom deputy. Mailed notice (ep, ) (Entered: 02/10/2016)
2016-03-2842STIPULATION of Dismissal (Attachments: # 1 Certificate of Service)(Greig, William) (Entered: 03/28/2016)
2016-03-2843MINUTE entry before the Honorable James B. Zagel: Pursuant to the parties' Voluntary Stipulation of Settlement and Order of Dismissal 42 , this matter is dismissed with prejudice. Hearing set for 3/29/16 is stricken and no appearance is necessary. Civil case terminated. Mailed notice (ep, ) (Entered: 03/28/2016)
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by FOIA Project Staff