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Case TitleCAUSE OF ACTION INSTITUTE v. UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2016cv01438
Date Filed2016-07-13
Date ClosedOpen
JudgeJudge Timothy J. Kelly
PlaintiffCAUSE OF ACTION INSTITUTE
Case DescriptionCause of Action submitted a FOIA request to the Department of Housing and Urban Development for records concerning communications with third parties involved in three agreements in which the settling banks were allowed to decide what organizations received funds for remediation purposes as the result of the settlement. These funds were given to HUD-approved Housing Counseling Agencies and to NeighborWorks America, a congressionally-chartered non-profit organization. The agency acknowledged receipt of the request, but after hearing nothing further from the agency, Cause of Action filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Vaughn index, Litigation - Attorney's fees

DefendantUNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
Complaint attachment 7
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2016-07-131COMPLAINT against UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT ( Filing fee $ 400 receipt number 0090-4602197) filed by CAUSE OF ACTION INSTITUTE. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit)(Smith, Julie) (Entered: 07/13/2016)
2016-07-132Corporate Disclosure Statement by CAUSE OF ACTION INSTITUTE. (Smith, Julie) (Entered: 07/13/2016)
2016-07-133MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Alfred J. Lechner, Jr., :Firm- Cause of Action Institute, :Address- 1875 Eye Street NW, Suite 800, Wash. D.C. 20006. Phone No. - 2024994232. Fax No. - 202-330-5842 Filing fee $ 100, receipt number 0090-4602440. Fee Status: Fee Paid. by CAUSE OF ACTION INSTITUTE (Attachments: # 1 Declaration, # 2 Text of Proposed Order)(Smith, Julie) (Entered: 07/13/2016)
2016-07-13Case Assigned to Judge John D. Bates. (dr) (Entered: 07/13/2016)
2016-07-134SUMMONS (3) Issued Electronically as to UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Consent Forms)(dr) (Entered: 07/13/2016)
2016-07-145NOTICE of Appearance by Joshua Nathaniel Schopf on behalf of CAUSE OF ACTION INSTITUTE (Schopf, Joshua) (Main Document 5 replaced on 7/15/2016) (ztd). (Entered: 07/14/2016)
2016-07-156NOTICE of Appearance by David T. Fischer on behalf of CAUSE OF ACTION INSTITUTE (Fischer, David) (Main Document 6 replaced on 7/18/2016) (ztd). (Entered: 07/15/2016)
2016-08-017ENTERED IN ERROR. . . .CERTIFICATE OF SERVICE by CAUSE OF ACTION INSTITUTE . (Smith, Julie) Modified on 8/2/2016 (td). (Entered: 08/01/2016)
2016-08-018ENTERED IN ERROR. . . .CERTIFICATE OF SERVICE by CAUSE OF ACTION INSTITUTE . (Smith, Julie) Modified on 8/2/2016 (td). (Entered: 08/01/2016)
2016-08-019CENTERED IN ERROR. . . .ERTIFICATE OF SERVICE by CAUSE OF ACTION INSTITUTE . (Smith, Julie) Modified on 8/2/2016 (td). (Entered: 08/01/2016)
2016-08-02NOTICE OF ERROR re 7 Certificate of Service; emailed to julie.smith@causeofaction.org, cc'd 3 associated attorneys -- The PDF file you docketed contained errors: 1. Incorrect event used, 2. Please refile document, 3. Refile using the event under Service of Process then select Summons Returned Executed as to... (ztd, ) (Entered: 08/02/2016)
2016-08-02NOTICE OF ERROR re 9 Certificate of Service; emailed to julie.smith@causeofaction.org, cc'd 3 associated attorneys -- The PDF file you docketed contained errors: 1. Incorrect event used, 2. Please refile document, 3. Refile using the event under Service of Process then select Summons Returned Executed as to... (ztd, ) (Entered: 08/02/2016)
2016-08-02NOTICE OF ERROR re 7 Certificate of Service; emailed to julie.smith@causeofaction.org, cc'd 3 associated attorneys -- The PDF file you docketed contained errors: 1. Incorrect event used, 2. Please refile document, 3. Refile using the event under Service of Process then select Summons Returned Executed as to... (ztd, ) (Entered: 08/02/2016)
2016-08-0310RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT served on 7/18/2016 (Smith, Julie) (Entered: 08/03/2016)
2016-08-0311RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 07/19/2016. (Smith, Julie) (Entered: 08/03/2016)
2016-08-0312RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 7/25/2016. Answer due for ALL FEDERAL DEFENDANTS by 8/24/2016. (Smith, Julie) (Entered: 08/03/2016)
2016-08-0913NOTICE of Appearance by Jeremy S. Simon on behalf of UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (Simon, Jeremy) (Entered: 08/09/2016)
2016-08-1014Consent MOTION for Extension of Time to Answer or Otherwise Respond to Complaint by UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (Attachments: # 1 Proposed Order)(Simon, Jeremy) (Entered: 08/10/2016)
2016-08-10MINUTE ORDER: Upon consideration of 3 plaintiff's motion for leave to appear pro hac vice on behalf of Alfred J. Lechner, and the entire record herein, it is hereby ORDERED that the motion is GRANTED. Signed by Judge John D. Bates on 8/10/2016. (lcjdb2) (Entered: 08/10/2016)
2016-08-10MINUTE ORDER: Upon consideration of 14 defendant's consent motion for extension of time, and the entire record herein, it is hereby ORDERED that the motion is GRANTED; and it is further ORDERED that defendant shall file an answer or otherwise respond to the complaint by not later than September 21, 2016. SO ORDERED. Signed by Judge John D. Bates on 8/10/2016. (lcjdb2) (Entered: 08/10/2016)
2016-08-11Set/Reset Deadlines: Defendant shall file an answer or otherwise respond to the complaint by 9/21/2016. (jth) (Entered: 08/11/2016)
2016-09-2115ANSWER to Complaint by UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT.(Simon, Jeremy) (Entered: 09/21/2016)
2016-09-2116ORDER directing parties to confer and to submit a proposed briefing schedule for the filing of dispositive motions by not later than October 19, 2016. See text of order for details. Signed by Judge John D. Bates on 9/21/16. (lcjdb2) (Entered: 09/21/2016)
2016-09-22Set/Reset Deadlines: Proposed Briefing Schedule for filing dispositive motions due by 10/19/2016. (tb) (Entered: 09/22/2016)
2016-10-1917Joint STATUS REPORT and Proposed Schedule by UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. (Simon, Jeremy) (Entered: 10/19/2016)
2016-10-19MINUTE ORDER: Upon consideration of 17 the parties' joint status report and request to defer setting the briefing schedule, and the entire record herein, it is hereby ORDERED that the request is GRANTED IN PART. The Court will defer setting a briefing schedule at this time, and the parties shall submit another joint status report by not later than December 22, 2016. The Court will determine what further action is appropriate at that time. Accordingly, the parties' request to submit a status report every 90 days after December 22, 2016 is DENIED. SO ORDERED. Signed by Judge John D. Bates on 10/19/16. (lcjdb2) (Entered: 10/19/2016)
2016-10-20Set/Reset Deadlines: Joint Status Report due by 12/22/2016. (tb) (Entered: 10/20/2016)
2016-11-2218NOTICE OF WITHDRAWAL OF APPEARANCE as to CAUSE OF ACTION INSTITUTE. Attorney David T. Fischer terminated. (Fischer, David) (Entered: 11/22/2016)
2016-11-2319NOTICE OF WITHDRAWAL OF APPEARANCE as to CAUSE OF ACTION INSTITUTE. Attorney Alfred J. Lechner, Jr terminated. (Schopf, Joshua) (Entered: 11/23/2016)
2016-12-2220Joint STATUS REPORT by UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. (Simon, Jeremy) (Entered: 12/22/2016)
2016-12-28MINUTE ORDER: Upon consideration of 20 the parties' joint status report and request to defer setting the briefing schedule, and the entire record herein, it is hereby ORDERED that the request is GRANTED. The Court will defer setting a briefing schedule at this time, and the parties shall submit another joint status report by not later than February 23, 2017. SO ORDERED. Signed by Judge John D. Bates on 12/28/16. (lcjdb2) (Entered: 12/28/2016)
2016-12-28Set/Reset Deadlines: Joint Status Report due by 2/23/2017. (jth) (Entered: 12/28/2016)
2017-02-2321Joint STATUS REPORT by UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. (Simon, Jeremy) (Entered: 02/23/2017)
2017-02-23MINUTE ORDER: Upon consideration of 21 the parties' joint status report, and the entire record herein, the Court will defer setting a briefing schedule at this time. The parties are hereby ORDERED to submit another joint status report by not later than April 25, 2017. SO ORDERED. Signed by Judge John D. Bates on 2/23/17. (lcjdb2) (Entered: 02/23/2017)
2017-02-23Set/Reset Deadlines: Joint Status Report due by 4/25/2017. (tb) (Entered: 02/23/2017)
2017-04-2522Joint STATUS REPORT by UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. (Simon, Jeremy) (Entered: 04/25/2017)
2017-04-26MINUTE ORDER: Upon consideration of 22 the parties' joint status report, and the entire record herein, the Court will continue to defer setting a briefing schedule at this time. The parties are hereby ORDERED to submit another joint status report by not later than June 28, 2017. SO ORDERED. Signed by Judge John D. Bates on 4/26/17. (lcjdb2) (Entered: 04/26/2017)
2017-04-28Set/Reset Deadlines: Joint Status Report due by 6/28/2017. (tb) (Entered: 04/28/2017)
2017-06-2823Joint STATUS REPORT by UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. (Simon, Jeremy) (Entered: 06/28/2017)
2017-06-28MINUTE ORDER: Upon consideration of 23 the parties' joint status report, and the entire record herein, the Court will continue to defer setting a briefing schedule at this time. The parties are hereby ORDERED to submit another joint status report by not later than August 29, 2017. SO ORDERED. Signed by Judge John D. Bates on 6/28/17. (lcjdb2) (Entered: 06/28/2017)
2017-06-29Set/Reset Deadlines: Joint Status Report due by not later than 8/29/2017. (tth) (Entered: 06/29/2017)
2017-08-2924Joint STATUS REPORT by UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. (Simon, Jeremy) (Entered: 08/29/2017)
2017-08-29MINUTE ORDER: Upon consideration of 24 the parties' joint status report, and the entire record herein, the Court will continue to defer setting a briefing schedule at this time. The parties are hereby ORDERED to submit another joint status report by not later than October 31, 2017. SO ORDERED. Signed by Judge John D. Bates on 08/29/2017. (lcjdb2) (Entered: 08/29/2017)
2017-08-30Set/Reset Deadlines: Joint Status Report due by not later than 10/31/2017. (jth) (Entered: 08/30/2017)
2017-09-19Case directly reassigned to Judge Timothy J. Kelly. Judge John D. Bates is no longer assigned to the case. (ztnr) (Entered: 09/19/2017)
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