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Case TitleEdelman v. Securities and Exchange Commission
DistrictSouthern District of California
CitySan Diego
Case Number3:2015cv02750
Date Filed2015-12-08
Date ClosedOpen
JudgeJudge Roger T. Benitez
PlaintiffRichard Edelman
Case DescriptionRichard Edelman submitted a FOIA request to the SEC for records concerning the agency's investigation of Empire State Realty Trust. Edelman also requested a fee waiver. The agency acknowledged receipt of the request and told Edelman that he needed to commit to pay estimated review and duplication fees. Edelman agreed to pay the fees, but after hearing nothing further, Edelman appealed the agency's delay. The agency indicated that it had found 1,442 pages of responsive records and that his request would be remanded for review for possible exemption claims. Edelman then made a second FOIA request for a copy of the Division of Enforcement Case Closing Report on Empire State Realty Trust. Edelman's second request was denied under Exemption 5 (privileges). He then filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantSecurities and Exchange 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
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Complaint attachment 10
Complaint attachment 11
Complaint attachment 12
Complaint attachment 13
Complaint attachment 14
Complaint attachment 15
Complaint attachment 16
Complaint attachment 17
Complaint attachment 18
Complaint attachment 19
Opinion/Order [31]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2015-12-081COMPLAINT against Securities and Exchange Commission ( Filing fee $ 400 receipt number 0974-8630426.), filed by Richard Edelman. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Exhibit 9, # 11 Exhibit 10, # 12 Exhibit 11, # 13 Exhibit 12, # 14 Exhibit 13, # 15 Exhibit 14, # 16 Exhibit 15, # 17 Exhibit 16, # 18 Exhibit 17, # 19 Exhibit 18) The new case number is 3:15-cv-2750-BEN-BGS. Judge Roger T. Benitez and Magistrate Judge Bernard G. Skomal are assigned to the case. (Aguirre, Gary)(fth) (Entered: 12/08/2015)
2015-12-082Summons Issued. Counsel receiving this notice electronically should print this summons and serve it in accordance with Rule 4, Fed.R.Civ.P and LR 4.1. (fth) (Entered: 12/08/2015)
2015-12-103SUMMONS Returned Executed by Richard Edelman. All Defendants served. (Aguirre, Gary) (knb). (Entered: 12/10/2015)
2016-01-084ANSWER to 1 Complaint, by Securities and Exchange Commission. (Attachments: # 1 Proof of Service)(Parker, Katherine)Attorney Katherine Lind Parker added to party Securities and Exchange Commission(pty:dft) (knb). (Entered: 01/08/2016)
2016-01-085NOTICE AND ORDER for Early Neutral Evaluation Conference. Early Neutral Evaluation set for 3/21/2016 01:30 PM before Magistrate Judge Bernard G. Skomal. Signed by Magistrate Judge Bernard G. Skomal on 1/8/2016.(jao)(jrd) (Entered: 01/09/2016)
2016-03-076JOINT DISCOVERY PLAN by Securities and Exchange Commission (Statement Regarding Discovery) (Attachments: # 1 Proof of Service)(Parker, Katherine) (knb). (Entered: 03/07/2016)
2016-03-147NOTICE: The Court HEREBY converts the in-person Early Neutral Evaluation Conference scheduled for March 21, 2016 at 1:30 p.m. into an ATTORNEYS-ONLY, TELEPHONIC conference call. Counsel for Plaintiff is instructed to arrange and initiate a joint call with opposing counsel to the Court at (619) 557-2993 on the day and at the time indicated above. Again, no in-person appearances are permitted. Counsel shall appear telephonically as instructed herein. (no document attached) (mw) (Entered: 03/14/2016)
2016-03-218Minute Entry for proceedings held before Magistrate Judge Bernard G. Skomal: Telephonic Early Neutral Evaluation Conference held on 3/21/2016. Court to issue order setting telephonic status conference.(Plaintiff Attorney Gary Aguirre). (Defendant Attorney Katherine Parker). (no document attached) (mw) (Entered: 03/21/2016)
2016-03-219NOTICE OF FURTHER TELECONFERENCE: Following the Court's March 21, 2016 telephonic ENE, the Court ORDERS counsel for the parties to meet and confer regarding the categories of documents at issue in this case and the feasibility of a Vaughn index. The Court will hold a further telephonic conference on May 4, 2016 at 10:00 a.m. Plaintiff's attorney is ordered to arrange and initiate a joint call with opposing counsel to chambers at (619) 557-2993 on the day and at the time indicated above. (no document attached) (mw) (Entered: 03/21/2016)
2016-05-0410Minute Order for proceedings held before Magistrate Judge Bernard G. Skomal:A telephonic Status Conference was held on 5/4/2016. Counsel are directed to meet and confer further regarding categorization of documents. Counsel for Defendant has agreed to make an SEC representative available as an additional resource during the parties' meet and confer. The Court will hold a further telephonic Status Conference on May 25,2016 at 10:00 AM. Counsel for Defendant is instructed to initiate a joint call with opposing counsel to the Court at (619) 557-2993 on the day and time indicated above. (Plaintiff Attorney Gary Aguirre).(Defendant Attorney Katherine Parker). (no document attached) (mw) (Entered: 05/04/2016)
2016-05-2511Minute Entry for proceedings with chambers of Magistrate Judge Bernard G. Skomal: Telephonic Status Conference on 5/25/2016. The parties called in to report on the status of their most recent meet and confer. The parties also lodged with Judge Skomal's chambers, supplemental status conference statements. An impasse has been reached with respect to Plaintiff's request for an index from the Concordance document management system. The Court will accept briefing from the parties on the issue. Plaintiff's opening motion must be filed on or before June 6, 2016. An opposition must be filed on or before June 20, 2016. A reply must be filed on or before June 27, 2016. The Court will inform the parties if oral argument is requested. (Plaintiff Attorney Gary Aguirre). (Defendant Attorney Katie Parker). (no document attached) (mw) (Entered: 05/25/2016)
2016-08-0812NOTICE of Hearing: The Court will hold a telephonic status conference in this case on September 8, 2016 at 10:00 a.m. Accordingly, Plaintiffs counsel is ORDERED to initiate a joint call with opposing counsel to Judge Skomals chambers at (619) 557-2993 on the day and at the time indicated above. To prepare for the teleconference, the parties shall also meet and confer and thereafter file a joint status conference statement no later than August 25, 2016. The status conference statement should suggest a proposed deadline for the filing of any anticipated motions for summary judgment. (no document attached) (mw) (Entered: 08/08/2016)
2016-08-1813NOTICE of Joint Status Report by Securities and Exchange Commission (Attachments: # 1 Proof of Service)(Parker, Katherine) (knb). (Entered: 08/18/2016)
2016-08-1914NOTICE of Change of Hearing: Based on the representations made in the parties' joint status report, the Court HEREBY CONTINUES the telephonic Status Conference currently set for September 8, 2016 to October 6, 2016 at 10:00 AM before Magistrate Judge Bernard G. Skomal. In advance of the teleconference, the parties shall file an updated status conference statement addressing whether production of the index identified in the parties' joint statement has been, or will be, produced. The updated status conference statement is due to the Court no later than September 29, 2016. (no document attached) (mw) (Entered: 08/19/2016)
2016-09-2915STATUS REPORT Joint Status Report by Securities and Exchange Commission. (Attachments: # 1 Exhibit Plaintiff's Exhibits A-C, # 2 Proof of Service)(Parker, Katherine) (dlg). (Entered: 09/29/2016)
2016-10-1116Minute Entry for proceedings with chambers of Magistrate Judge Bernard G. Skomal: Telephonic Status Conference held on October 6, 2016. The parties report that the index at issue has not been produced and Defendant does not know when a final decision on its production will be reached. The Court sets a further status conference for November 3, 2016 at 9:30 a.m. Plaintiffs counsel shall initiate a joint call with opposing counsel to Judge Skomals chambers at (619) 557-2993 on the day and time indicated. The parties shall file an updated status conference statement no later than October 28, 2016 indicating briefly whether the index has been produced or if Defendant has reached a final decision on its production and propose a deadline for filing any motions for summary judgment. (Plaintiff Attorney Gary Aguirre). (Defendant Attorney Katherine Lind Parker). (no document attached) (rxa) (Entered: 10/11/2016)
2016-10-2817STATUS REPORT by Securities and Exchange Commission. (Attachments: # 1 Exhibit, # 2 Proof of Service)(Parker, Katherine) (knb). (Entered: 10/28/2016)
2016-11-0318Minute Entry for proceedings held with chambers of Magistrate Judge Bernard G. Skomal: Status Conference held on 11/3/2016. The parties will be filing a joint motion proposing a schedule for motions for summary judgment.(Plaintiff Attorney Gary Aguirre). (Defendant Attorney Katherine Parker). (no document attached) (rxa) (Entered: 11/03/2016)
2016-11-0419NOTICE of Joint Proposed Briefing Schedule by Securities and Exchange Commission (Attachments: # 1 Proof of Service)(Parker, Katherine) (Entered: 11/04/2016)
2017-01-0620NOTICE of Modified Joint Proposed Briefing Schedule by Securities and Exchange Commission (Attachments: # 1 Proof of Service)(Parker, Katherine) Modified 1/9/2017 to change Notice into a Motion (dxj). (Entered: 01/06/2017)
2017-01-1021ORDER Granting in Part 20 Joint Proposed Briefing Schedule. Signed by Judge Roger T. Benitez on 1/10/2017. (knb) (Entered: 01/11/2017)
2017-01-2422MOTION for Partial Summary Judgment by Securities and Exchange Commission. (Attachments: # 1 Memo of Points and Authorities, # 2 Declaration of Carin Cozza with attached Vaughn Index, # 3 Declaration of Thomas Keltner Jr. dated August 26, 2016, # 4 Declaration of Thomas Keltner Jr. dated January 11, 2017, # 5 Declaration of Katherine L. Parker, # 6 Proof of Service)(Parker, Katherine) (Entered: 01/24/2017)
2017-02-0723Cross MOTION for Summary Judgment and Opposition to Defendant's Motion for Summary Judgment in Part by Richard Edelman. (Attachments: # 1 Memo of Points and Authorities, # 2 Declaration, # 3 Exhibit, # 4 Declaration, # 5 Declaration, # 6 Proof of Service)(Aguirre, Gary) (Attachment 4 replaced with modifications per 30 Order on 8/30/2017) (knb) (Entered: 02/07/2017)
2017-02-1424NOTICE Regarding Reply Brief by Securities and Exchange Commission (Attachments: # 1 Proof of Service)(Parker, Katherine) (Entered: 02/14/2017)
2017-02-2125REPLY to Response to Motion re 23 Cross MOTION for Summary Judgment and Opposition to Defendant's Motion for Summary Judgment in Part , 22 MOTION for Partial Summary Judgment filed by Securities and Exchange Commission. (Attachments: # 1 Declaration of Carin M. Cozza with Exhibits, # 2 Proof of Service)(Parker, Katherine) (Entered: 02/21/2017)
2017-02-2826REQUEST FOR JUDICIAL NOTICE by Richard Edelman re 23 Cross MOTION for Summary Judgment and Opposition to Defendant's Motion for Summary Judgment in Part (Attachments: # 1 Exhibit, # 2 Proof of Service)(Aguirre, Gary) (Entered: 02/28/2017)
2017-02-2827REPLY to Response to Motion re 23 Cross MOTION for Summary Judgment and Opposition to Defendant's Motion for Summary Judgment in Part filed by Richard Edelman. (Attachments: # 1 Declaration, # 2 Declaration, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Declaration, # 9 Declaration, # 10 Proof of Service)(Aguirre, Gary) (Entered: 02/28/2017)
2017-03-0228Ex Parte MOTION to Seal a Previously Filed Document Unopposed Motion re 27 Reply to Response to Motion, 23 Cross MOTION for Summary Judgment and Opposition to Defendant's Motion for Summary Judgment in Part by Richard Edelman. (Attachments: # 1 Declaration, # 2 Proof of Service)(Aguirre, Gary) (aef). (Entered: 03/02/2017)
2017-03-1429NOTICE: The Mandatory Settlement Conference tentatively scheduled for April 10, 2017 is VACATED. The parties must JOINTLY contact the Court regarding scheduling a Mandatory Settlement Conference within 3 days of a ruling on the pending motions for summary judgment. (no document attached) (rxa) (Entered: 03/14/2017)
2017-08-2930ORDER Granting Unopposed 28 Ex Parte Motion to Strike Exhibits. Signed by Judge Roger T. Benitez on 8/28/2017. (knb) (Entered: 08/30/2017)
2017-09-2731ORDER: Denying Defendant's 22 Motion for Partial Summary Judgment; and (2) Granting in Part and Denying in Part Plaintiff's 23 Cross-Motion for Summary Judgment. Signed by Judge Roger T. Benitez on 9/27/2017. (knb) (Entered: 09/27/2017)
2017-10-0432Ex Parte MOTION to Continue Defendant's Deadline to File Renewed Motion for Summary Judgment by Securities and Exchange Commission. (Attachments: # 1 Declaration of Carin Cozza, # 2 Declaration of Katherine Parker, # 3 Proof of Service)(Parker, Katherine)(knb). (Entered: 10/04/2017)
2017-10-0633RESPONSE to Motion re 32 Ex Parte MOTION to Continue Defendant's Deadline to File Renewed Motion for Summary Judgment filed by Richard Edelman. (Aguirre, Gary) (knb). (Entered: 10/06/2017)
2017-10-1134ORDER granting 32 Defendant's ex parte Motion for extension of time. The SEC may file its renewed motion for summary judgment up to and including 11/17/2017. Signed by Judge Roger T. Benitez on 10/10/2017. (jpp) (Entered: 10/11/2017)
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by FOIA Project Staff