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Case TitleREITINGER v. FEDERAL TRADE COMMISSION
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2015cv00725
Date Filed2015-05-13
Date Closed2016-10-13
JudgeJudge Amit P. Mehta
PlaintiffPHILIP REITINGER
Case DescriptionPhilip Reitinger, a blogger, submitted a FOIA request to the Federal Trade Commission for records concerning standards, guidelines, and criteria for bringing an unfair practice claim relating to data or cyber security. The agency took a 10-day extension to respond. The agency then told Reitinger that it would withhold all responsive records under Exemption 5 (privileges). Reitinger filed an administrative appeal and the agency upheld its original decision. Reitinger then filed suit.
Complaint issues: Exemption 5 - Privileges - Deliberative process privilege - Deliberative, Exemption 5 - Privileges - Deliberative process privilege - Predecisional, Litigation - Vaughn index, Litigation - Attorney's fees

DefendantFEDERAL TRADE COMMISSION
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
Complaint attachment 7
Complaint attachment 8
Complaint attachment 9
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2015-05-131COMPLAINT against FEDERAL TRADE COMMISSION ( Filing fee $ 400 receipt number 0090-4090310) filed by PHILIP REITINGER. (Attachments: # 1 Civil Cover Sheet, # 2 Summons to FTC, # 3 Summons to US Attorney General, # 4 Summons to US Attorney's Office, # 5 Exhibit A, # 6 Exhibit B, # 7 Exhibit C, # 8 Exhibit D, # 9 Exhibit E)(Baratz, Michael) (Entered: 05/13/2015)
2015-05-13Case Assigned to Judge Amit P. Mehta. (md, ) (Entered: 05/13/2015)
2015-05-142SUMMONS (3) Issued Electronically as to FEDERAL TRADE COMMISSION, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice of Consent) (md, ) (Entered: 05/14/2015)
2015-05-223RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 5/22/2015. Answer due for ALL FEDERAL DEFENDANTS by 6/21/2015. (Baratz, Michael) (Entered: 05/22/2015)
2015-05-26NOTICE OF ERROR re 3 Summons Returned Executed in FOIA as to U.S. Attorney; emailed to mbaratz@steptoe.com, cc'd 4 associated attorneys -- The PDF file you docketed contained errors: 1. Please refile document, 2. Same document as to the USAG & Federal Dft. (jf, ) (Entered: 05/26/2015)
2015-05-274RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 5/15/2015. ( Answer due for ALL FEDERAL DEFENDANTS by 6/14/2015.), RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. FEDERAL TRADE COMMISSION served on 5/15/2015, RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 05/15/15. (Baratz, Michael) Modified on 5/27/2015 to correct service dates (zrdj). (Entered: 05/27/2015)
2015-06-155ANSWER to Complaint by FEDERAL TRADE COMMISSION.(Simon, Jeremy) (Entered: 06/15/2015)
2015-06-166ORDER. 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 June 30, 2015. Please see the attached Order for additional details. Signed by Judge Amit P. Mehta on 06/16/2015. (lcapm2) (Entered: 06/16/2015)
2015-06-167NOTICE OF SUBSTITUTION OF COUNSEL by Arjun Garg on behalf of FEDERAL TRADE COMMISSION Substituting for attorney Jeremy S. Simon (Garg, Arjun) (Entered: 06/16/2015)
2015-06-16Set/Reset Deadlines/Hearings: Joint Status Report due by 6/30/2015. (cdw) (Entered: 06/17/2015)
2015-06-308STATUS REPORT by FEDERAL TRADE COMMISSION. (Attachments: # 1 Exhibit A - 6/29/15 Letter)(Garg, Arjun) (Entered: 06/30/2015)
2015-06-30MINUTE ORDER: The FTC shall produce any responsive, non-exempt documents under the narrowed request on or before July 21, 2015. Thereafter, within seven days, the parties shall meet and confer as to (1) whether the parties can agree to withdrawing or narrowing the broader request and, if not, a proposal for how to proceed with the broader request that does not involve re-filing of the complaint, which the court reads to encompass the broader request, and (2) whether the parties should proceed to summary judgment filings on the narrower request before the broader request is resolved. The parties shall file a status report as to the above matters no later than July 31, 2015. Signed by Judge Amit P. Mehta on 06/30/2015. (lcapm3) (Entered: 06/30/2015)
2015-06-30Set/Reset Deadlines/Hearings: Status Report due by 7/31/2015. (cdw) (Entered: 07/02/2015)
2015-07-319STATUS REPORT by PHILIP REITINGER. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Baratz, Michael) (Entered: 07/31/2015)
2015-08-10MINUTE ORDER: The parties are directed to appear for a status conference on August 13, 2015 at 10:00 a.m. in Courtroom 10 before Judge Mehta. If this time is inconvenient, the parties are instructed to provide two alternative dates and times during the week of August 17, 2015 to the Courtroom Deputy, Ms. Chashawn White (Chashawn_White@dcd.uscourts.gov), who shall reschedule the hearing and provide notice to the parties. Signed by Judge Amit P. Mehta on 08/10/2015. (lcapm3) (Entered: 08/10/2015)
2015-08-10Set/Reset Deadlines/Hearings: Status Conference set for 8/13/2015 at 10:00 AM in Courtroom 10 before Judge Amit P. Mehta. (cdw) (Entered: 08/11/2015)
2015-08-12MINUTE ORDER: The status conference previously set for August 13, 2015 is hereby rescheduled to September 3, 2015 at 10:15 a.m. in Courtroom 10 before Judge Mehta. If this date and time is inconvenient, the parties are instructed to provide two alternative dates and times during the week of September 7, 2015 to the Courtroom Deputy, Ms. Chashawn White (Chashawn_White@dcd.uscourts.gov), who shall reschedule the hearing and provide notice to the parties. Signed by Judge Amit P. Mehta on 08/12/2015. (lcapm3) (Entered: 08/12/2015)
2015-08-12Set/Reset Deadlines/Hearings: Status Conference reset for 9/3/2015 at 10:15 AM in Courtroom 10 before Judge Amit P. Mehta. (cdw) (Entered: 08/13/2015)
2015-08-1410NOTICE of Appearance by Stewart A. Baker on behalf of PHILIP REITINGER (Baker, Stewart) (Entered: 08/14/2015)
2015-08-20Set/Reset Deadlines/Hearings: Status Conference reset for 9/8/2015 at 10:00 AM in Courtroom 10 before Judge Amit P. Mehta. (cdw) (Entered: 08/20/2015)
2015-09-08Minute Entry for proceedings held before Judge Amit P. Mehta: Status Conference held on 9/8/2015. (Court Reporter: Lisa Foradori) (cdw) (Entered: 09/08/2015)
2015-09-08MINUTE ORDER: Per the status conference held today, the parties are directed to confer and submit a proposed briefing schedule by September 10, 2015 at 5:00 p.m. Each side shall submit one brief, which shall be limited to 20 double-spaced pages. Signed by Judge Amit P. Mehta on 09/08/2015. (lcapm3) (Entered: 09/08/2015)
2015-09-08Set/Reset Deadlines/Hearings: Proposed Briefing Schedule due by 9/10/2015 at 5:00 PM. (cdw) (Entered: 09/09/2015)
2015-09-0911NOTICE Regarding Proposed Briefing Schedule by PHILIP REITINGER (Baratz, Michael) (Entered: 09/09/2015)
2015-09-09VACATED PURSUANT TO COURT'S ORDER OF 9/28/2015..........MINUTE ORDER adopting the 11 Parties' Proposed Briefing Schedule. Defendant shall file its opening brief on or before October 2, 2015; Plaintiff shall file his opposition brief on or before October 23, 2015. Signed by Judge Amit P. Mehta on 09/09/2015. (lcapm3) Modified on 9/29/2015 (cdw). (Entered: 09/09/2015)
2015-09-09Set/Reset Deadlines/Hearings: Defendant's opening brief due by 10/2/2015. Response due by 10/23/2015. (cdw) (Entered: 09/10/2015)
2015-09-2512Joint MOTION for Briefing Schedule to Be Vacated by PHILIP REITINGER (Attachments: # 1 Text of Proposed Order)(Baker, Stewart) (Entered: 09/25/2015)
2015-09-28MINUTE ORDER: Upon considering the 12 Joint Motion to Vacate Briefing schedule, the court hereby orders that the September 9, 2015 Minute Order directing the Defendant to file its brief on October 2, 2015 and the Plaintiff to file his brief on October 23, 2015 is vacated; and further orders that the parties shall file a joint status report no later than October 16, 2015 advising of progress and proposing next steps in this case. Signed by Judge Amit P. Mehta on 09/28/2015. (lcapm3) (Entered: 09/28/2015)
2015-09-28Set/Reset Deadlines/Hearings: Joint status report due by 10/16/2015. (cdw) (Entered: 09/29/2015)
2015-10-1613Joint STATUS REPORT by FEDERAL TRADE COMMISSION. (Garg, Arjun) (Entered: 10/16/2015)
2015-10-16MINUTE ORDER: The parties are directed to file a Joint Status Report on or before November 20, 2015, advising the court of the parties' progress and suggesting next steps. Signed by Judge Amit P. Mehta on 10/16/2015. (lcapm1) (Entered: 10/16/2015)
2015-10-16Set/Reset Deadlines/Hearings: Joint Status Report due by 11/20/2015. (cdw) (Entered: 10/19/2015)
2015-11-2014Joint STATUS REPORT by FEDERAL TRADE COMMISSION. (Garg, Arjun) (Entered: 11/20/2015)
2015-11-23MINUTE ORDER: Upon consideration of the 14 Joint Status Report, the parties are directed to file, on or before January 20, 2016, a subsequent Joint Status Report advising the court of the parties' progress and suggesting next steps. Signed by Judge Amit P. Mehta on 11/23/2015. (lcapm3) (Entered: 11/23/2015)
2015-11-23Set/Reset Deadlines/Hearings: Joint Status Report due by 1/20/2016. (cdw) (Entered: 11/24/2015)
2016-01-2015Joint STATUS REPORT by FEDERAL TRADE COMMISSION. (Garg, Arjun) (Entered: 01/20/2016)
2016-01-20MINUTE ORDER: Upon consideration of the 15 Joint Status Report, the parties are directed to file, on or before February 22, 2016, a subsequent Joint Status Report advising the court of the parties' progress and suggesting next steps. Signed by Judge Amit P. Mehta on 01/20/2016. (lcapm3) (Entered: 01/20/2016)
2016-01-21Set/Reset Deadlines: The parties are directed to file a subsequent Joint Status Report by 2/22/2016, advising the Court of the parties' progress and suggesting next steps. (jth) (Entered: 01/21/2016)
2016-02-2216Joint STATUS REPORT by PHILIP REITINGER. (Baker, Stewart) (Entered: 02/22/2016)
2016-02-22MINUTE ORDER: Upon consideration of the 16 Joint Status Report, the parties are directed to file, on or before April 8, 2016, a subsequent Joint Status Report advising the court of the parties' progress and suggesting next steps. Signed by Judge Amit P. Mehta on 02/22/2016. (lcapm3) (Entered: 02/22/2016)
2016-02-22Set/Reset Deadlines: Joint Status Report due by 4/8/2016. (zmm) (Entered: 02/22/2016)
2016-03-2317TRANSCRIPT OF PROCEEDINGS before Judge Amit P. Mehta held on 9-8-15; Page Numbers: 1-25. Date of Issuance:3-23-16. Court Reporter/Transcriber Lisa M. Foradori, Telephone number 202-354-3269, Transcripts may be ordered by submitting the <a href=http://www.dcd.uscourts.gov/dcd/node/2189>Transcript Order Form.</a><P></P><P></P>For the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter.<P> NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov.<P></P> Redaction Request due 4/13/2016. Redacted Transcript Deadline set for 4/23/2016. Release of Transcript Restriction set for 6/21/2016.(Foradori, Lisa) (Entered: 03/23/2016)
2016-04-0818Joint STATUS REPORT by FEDERAL TRADE COMMISSION. (Garg, Arjun) (Entered: 04/08/2016)
2016-04-11MINUTE ORDER: Upon consideration of the 18 Joint Status Report, the parties are directed to file, on or before May 9, 2016, a subsequent Joint Status Report advising the court of the parties' progress and suggesting next steps. Signed by Judge Amit P. Mehta on 04/11/2016. (lcapm3) (Entered: 04/11/2016)
2016-04-11Set/Reset Deadlines/Hearings: Joint Status Report due by 5/9/2016. (zcdw) (Entered: 04/12/2016)
2016-05-0919Joint STATUS REPORT by FEDERAL TRADE COMMISSION. (Garg, Arjun) (Entered: 05/09/2016)
2016-05-09MINUTE ORDER: Upon consideration of the 19 Joint Status Report, the parties are directed to file, on or before June 6, 2016, a subsequent Joint Status Report advising the court of the parties' progress and suggesting next steps. Signed by Judge Amit P. Mehta on 05/09/2016. (lcapm3) (Entered: 05/09/2016)
2016-05-09Set/Reset Deadlines/Hearings: Joint Status Report due by 6/6/2016. (cdw) (Entered: 05/09/2016)
2016-06-0620Joint STATUS REPORT by FEDERAL TRADE COMMISSION. (Garg, Arjun) (Entered: 06/06/2016)
2016-06-09MINUTE ORDER: Upon consideration of the 20 Joint Status Report, the parties are directed to file, on or before July 8, 2016, a subsequent Joint Status Report advising the court of the parties' progress and suggesting next steps. Signed by Judge Amit P. Mehta on 06/09/2016. (lcapm3) (Entered: 06/09/2016)
2016-06-09Set/Reset Deadlines/Hearings: Joint Status Report due by 7/8/2016. (cdw) (Entered: 06/13/2016)
2016-07-0821Joint STATUS REPORT by FEDERAL TRADE COMMISSION. (Garg, Arjun) (Entered: 07/08/2016)
2016-07-11MINUTE ORDER: In light of 21 the parties' Joint Status Report, the parties shall submit a subsequent Joint Status Report advising the court of progress and suggesting next steps on or before August 19, 2016. Signed by Judge Amit P. Mehta on 07/11/2016. (lcapm3) (Entered: 07/11/2016)
2016-07-11Set/Reset Deadlines/Hearings: Joint Status Report due by 8/19/2016. (cdw) (Entered: 07/12/2016)
2016-08-1922Joint STATUS REPORT by FEDERAL TRADE COMMISSION. (Garg, Arjun) (Entered: 08/19/2016)
2016-08-22MINUTE ORDER: In light of 22 the parties' Joint Status Report, the parties shall submit a subsequent Joint Status Report advising the court of progress and suggesting next steps on or before September 16, 2016. Signed by Judge Amit P. Mehta on 08/22/2016. (lcapm3) (Entered: 08/22/2016)
2016-08-22Set/Reset Deadlines/Hearings: Joint Status Report due by 9/16/2016. (cdw) (Entered: 08/22/2016)
2016-09-1623Joint STATUS REPORT by FEDERAL TRADE COMMISSION. (Garg, Arjun) (Entered: 09/16/2016)
2016-09-16MINUTE ORDER: In light of 23 the parties' Joint Status Report, the parties shall submit a subsequent Joint Status Report advising the court of progress and suggesting next steps on or before October 14, 2016. Signed by Judge Amit P. Mehta on 09/16/2016. (lcapm3) (Entered: 09/16/2016)
2016-09-16Set/Reset Deadlines/Hearings: Joint Status Report due by 10/14/2016. (cdw) (Entered: 09/16/2016)
2016-10-0524STIPULATION of Dismissal with prejudice by PHILIP REITINGER. (Baker, Stewart) (Entered: 10/05/2016)
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by FOIA Project Staff