Skip to content

Case Detail

[Subscribe to updates]
Case TitleCAUSE OF ACTION INSTITUTE v. UNITED STATES DEPARTMENT OF JUSTICE
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2016cv02226
Date Filed2016-11-08
Date Closed2017-10-31
JudgeJudge Reggie B. Walton
PlaintiffCAUSE OF ACTION INSTITUTE
Case DescriptionCause of Action Institute submitted a FOIA request to the Tax Division of the Department of Justice for those portions of two previous Cause of Action FOIA requests that had not been disclosed because they were non-responsive. The Tax Division indicated it found two responsive records and planned to release one record in full, but to redact portions of the second record under Exemption 3 (other statutes) and Exemption 5 (privileges). However, the Tax Division separated the second record into nine separate records, redacting only one of the records under Exemption 3 and Exemption 5 and redacting the eight other records as non-responsive. Cause of Action filed an administrative appeal, but after hearing nothing further from the agency, Cause of Action Institute filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantUNITED STATES DEPARTMENT OF JUSTICE
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
Complaint attachment 10
Complaint attachment 11
Complaint attachment 12
Complaint attachment 13
Opinion/Order [24]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2016-11-081COMPLAINT against UNITED STATES DEPARTMENT OF JUSTICE ( Filing fee $ 400 receipt number 0090-4736661) filed by CAUSE OF ACTION INSTITUTE. (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 Civil Cover Sheet, # 11 Summons DOJ, # 12 Summons AG, # 13 Summons Clerk)(Valvo, Russel) (Entered: 11/08/2016)
2016-11-082Corporate Disclosure Statement by CAUSE OF ACTION INSTITUTE. (Valvo, Russel) (Entered: 11/08/2016)
2016-11-083NOTICE of Appearance by Lee A. Steven on behalf of CAUSE OF ACTION INSTITUTE (Steven, Lee) (Entered: 11/08/2016)
2016-11-08Case Assigned to Judge Reggie B. Walton. (sth) (Entered: 11/08/2016)
2016-11-084SUMMONS (3) Issued Electronically as to UNITED STATES DEPARTMENT OF JUSTICE, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Summons, # 2 Summons, # 3 Summons)(sth) (Entered: 11/08/2016)
2016-11-165RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES DEPARTMENT OF JUSTICE served on 11/14/2016 (Valvo, Russel) (Entered: 11/16/2016)
2016-11-166RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 11/14/2016. (Valvo, Russel) (Entered: 11/16/2016)
2016-11-167RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 11/16/2016. Answer due for ALL FEDERAL DEFENDANTS by 12/16/2016. (Valvo, Russel) (Entered: 11/16/2016)
2016-12-158Consent MOTION for Extension of Time to File Answer and to Set Briefing Schedule for Summary Judgment by UNITED STATES DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Wagner, Nelson) (Entered: 12/15/2016)
2016-12-16MINUTE ORDER. Upon consideration of the defendant's Consent Motion to Extend Time to Answer and Set Summary Judgment Briefing Schedule, and for good cause shown, it is hereby ORDERED that the motion is GRANTED. It is further ORDERED that the defendant shall file its response to the plaintiff's complaint on or before January 6, 2017. It is further ORDERED that this case shall proceed as follows: (1) the defendant shall file its motion for summary judgment, if any, on or before January 6, 2017; (2) the plaintiff shall file its opposition to the defendant's motion for summary judgment and its cross-motion for summary judgment, if any, on or before January 27, 2017; (3) the defendant shall file its reply in support of its motion for summary judgment and its opposition to the plaintiff's cross-motion for summary judgment on or before February 17, 2017; and (4) the plaintiff shall file its reply in support of its cross-motion for summary judgment on or before March 3, 2017. Signed by Judge Reggie B. Walton on December 8, 2016. (lcrbw2) (Entered: 12/16/2016)
2016-12-169GENERAL ORDER. Signed by Judge Reggie B. Walton on December 16, 2016. (lcrbw2) (Entered: 12/16/2016)
2016-12-16Set/Reset Deadlines: Answer due by 1/6/2017, Replies due by 3/3/2017. Summary Judgment motions due by 1/6/2017. Response to Motion for Summary Judgment due by 1/27/2017. Reply to Motion for Summary Judgment due by 2/17/2017. (hs) (Entered: 12/16/2016)
2017-01-0610MOTION for Extension of Time to File Answer and to File Motion for Summary Judgment by UNITED STATES DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Wagner, Nelson) (Entered: 01/06/2017)
2017-01-09MINUTE ORDER. Upon consideration of the defendant's Consent Motion to Extend Summary Judgment Briefing Schedule and Time to Answer, and for good cause shown, it is hereby ORDERED that the motion is GRANTED. It is further ORDERED that this case shall proceed as follows: (1) the defendant shall file its motion for summary judgment and answer to the plaintiff's complaint on or before January 18, 2017; (2) the plaintiff shall file its opposition to the defendant's motion for summary judgment and its cross-motion for summary judgment, if any, on or before February 8, 2017; (3) the defendant shall file its reply in support of its motion for summary judgment and its opposition to the plaintiff's cross-motion for summary judgment on or before March 1, 2017; and (4) the plaintiff shall file its reply in support of its cross-motion for summary judgment on or before March 15, 2017. Signed by Judge Reggie B. Walton on January 9, 2017. (lcrbw2) (Entered: 01/09/2017)
2017-01-09Set/Reset Deadlines: Defendant's Summary Judgment motion due by 1/18/2017. Plaintiff's Response to Motion for Summary Judgment/Cross Motion due by 2/8/2017. Defendant's Reply to Motion for Summary Judgment/Opposition to Cross Motion due by 3/1/2017. Reply to Cross Motions due by 3/15/2017.(hs) (Entered: 01/09/2017)
2017-01-1811ANSWER to Complaint by UNITED STATES DEPARTMENT OF JUSTICE.(Wagner, Nelson) (Entered: 01/18/2017)
2017-01-1812MOTION for Summary Judgment by UNITED STATES DEPARTMENT OF JUSTICE (Attachments: # 1 Declaration of Carmen Banerjee, # 2 Statement of Facts, # 3 Text of Proposed Order)(Wagner, Nelson) (Entered: 01/18/2017)
2017-02-0813Cross MOTION for Summary Judgment & Resp. to Def.'s Mot. for Summ. J. by CAUSE OF ACTION INSTITUTE (Attachments: # 1 Statement of Facts Pl.'s SUMF, # 2 Statement of Facts Pl.'s Resp. to Def.'s SUMF, # 3 Declaration of R. James Valvo, III, # 4 Text of Proposed Order)(Valvo, Russel) (Entered: 02/08/2017)
2017-02-0814RESPONSE re 12 MOTION for Summary Judgment filed by CAUSE OF ACTION INSTITUTE. (SEE DOCKET ENTRY NO. 13 TO VIEW DOCUMENT) (td) (Entered: 02/09/2017)
2017-02-2215Consent MOTION for Extension of Time to File Response/Reply on Motion for Summary Judgment by UNITED STATES DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Wagner, Nelson) (Entered: 02/22/2017)
2017-02-23MINUTE ORDER. Upon consideration of the defendant's Consent Motion to Extend Time to Respond to Motion for Summary Judgment, for good cause shown, it is hereby ORDERED that the motion is GRANTED. It is further ORDERED that the defendant shall file its reply in support of its motion for summary judgment and its opposition to the plaintiff's cross-motion for summary judgment on or before March 10, 2017; and (4) the plaintiff shall file its reply in support of its cross-motion for summary judgment on or before March 24, 2017. Signed by Judge Reggie B. Walton on February 23, 2017. (lcrbw2) (Entered: 02/23/2017)
2017-02-23Set/Reset Deadlines: Defendant's Reply to Motion for Summary Judgment due by 3/10/2017. Plaintiff's Reply to Cross Motions due by 3/24/2017. (hs) (Entered: 02/23/2017)
2017-03-1016REPLY to opposition to motion re 12 MOTION for Summary Judgment and Opposition to Cross-Motion filed by UNITED STATES DEPARTMENT OF JUSTICE. (Wagner, Nelson) (Entered: 03/10/2017)
2017-03-1017Memorandum in opposition to re 13 Cross MOTION for Summary Judgment & Resp. to Def.'s Mot. for Summ. J. filed by UNITED STATES DEPARTMENT OF JUSTICE. (See Docket Entry 16 to view document). (znmw) (Entered: 03/13/2017)
2017-03-2418REPLY to opposition to motion re 13 Cross MOTION for Summary Judgment & Resp. to Def.'s Mot. for Summ. J. Reply in Supp. of Cross-Motion for Summ. J. filed by CAUSE OF ACTION INSTITUTE. (Valvo, Russel) (Entered: 03/24/2017)
2017-03-2419MOTION for Leave to File Amended Complaint by CAUSE OF ACTION INSTITUTE (Attachments: # 1 Text of Proposed Order, # 2 Index of Exhibits, # 3 Amended Compl., # 4 Redline of Amended Compl., # 5 Exhibit A, # 6 Exhibit B, # 7 Exhibit C, # 8 Exhibit D, # 9 Exhibit E, # 10 Exhibit F, # 11 Exhibit G, # 12 Exhibit H, # 13 Exhibit I, # 14 Exhibit J, # 15 Exhibit K)(Valvo, Russel) (Entered: 03/24/2017)
2017-04-0720RESPONSE re 19 MOTION for Leave to File Amended Complaint filed by UNITED STATES DEPARTMENT OF JUSTICE. (Wagner, Nelson) (Entered: 04/07/2017)
2017-04-1321REPLY to opposition to motion re 19 MOTION for Leave to File Amended Complaint filed by CAUSE OF ACTION INSTITUTE. (Valvo, Russel) (Entered: 04/13/2017)
2017-09-2822ORDER. For the reasons to be set forth in the Memorandum Opinion to be issued by the Court within the next thirty days, absent extraordinary circumstances, the Court will deny the plaintiff's motion for leave to amend its Complaint, grant the defendant's motion for summary judgment, and deny the plaintiff's cross-motion for summary judgment in a final Order that will be issued contemporaneously with the forthcoming Memorandum Opinion. Accordingly, it is hereby ORDERED that the Cause of Action Institute's Motion for Leave to Amend Its Complaint, ECF No. 19, is DENIED. It is further ORDERED that the Department of Justice's Motion for Summary Judgment, ECF No. 12, is GRANTED. It is further ORDERED that the Cause of Action Institute's Response to Department of Justice's Motion for Summary Judg[]ment and Cross-Motion for Summary Judgment, ECF No. 13, is DENIED. It is further ORDERED that this Order is not a final Order subject to appeal. Signed by Judge Reggie B. Walton on September 28, 2017. (lcrbw2) (Entered: 09/28/2017)
2017-10-1023ORDER. In accordance with the Memorandum Opinion issued on this same day, it is hereby ORDERED that the Department of Justice's Motion for Summary Judgment, ECF No. 12, is GRANTED. It is further ORDERED that the Cause of Action Institute's Response to Department of Justice's Motion for Summary Judg[]ment and Cross-Motion for Summary Judgment, ECF No. 13, is DENIED. It is further ORDERED that the Cause of Action Institute's Motion for Leave to Amend Its Complaint, ECF No. 19, is DENIED. It is further ORDERED that, to the extent the plaintiff seeks attorneys' fees and costs, it may file a motion with the requisite documentation supporting its request for such an award on or before November 7, 2017. Signed by Judge Reggie B. Walton on October 10, 2017. (lcrbw2) (Entered: 10/10/2017)
2017-10-1024MEMORANDUM OPINION. Signed by Judge Reggie B. Walton on October 10, 2017. (lcrbw2) (Entered: 10/10/2017)
2017-10-10Set/Reset Deadlines: Plaintiff's Motion due by 11/7/2017. (hs) (Entered: 10/10/2017)
2017-10-3025STIPULATION of Dismissal , joint, with prejudice by CAUSE OF ACTION INSTITUTE. (Valvo, Russel) (Entered: 10/30/2017)
2017-10-31MINUTE ORDER. Upon consideration of the parties' Joint Stipulation of Dismissal with Prejudice, and for good cause shown, it is hereby ORDERED that this case is DISMISSED WITH PREJUDICE. It is further ORDERED that this case is CLOSED. Signed by Judge Reggie B. Walton on October 31, 2017. (lcrbw2) (Entered: 10/31/2017)
Hide Docket Events
by FOIA Project Staff