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Case TitleAMERICAN CENTER FOR EQUITABLE TREATMENT, INC. v. UNITED STATES PATENT AND TRADEMARK OFFICE
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2017cv00005
Date Filed2017-01-03
Date Closed2017-01-30
JudgeJudge Randolph D. Moss
PlaintiffAMERICAN CENTER FOR EQUITABLE TREATMENT, INC.
Case DescriptionThe American Center for Equitable Treatment submitted a FOIA request to the U.S. Patent and Trademark Office for records supporting the agency's submission to OMB regarding a patent updating memo. The agency disclosed 1100 pages, but withheld a large amount of information under Exemption 5 (privileges). The American Center also claimed the agency had not responded to other parts of its request. Although the denial letter indicated that the American Center could appeal within 90 days, the agency denied its appeal which it had submitted within 90 days because it was received later than 30 days after the agency's adverse determination. The American Center then filed suit.
Complaint issues: Litigation - Attorney's fees, Public Interest Fee Waiver

DefendantUNITED STATES PATENT AND TRADEMARK OFFICE
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
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2017-01-031COMPLAINT against UNITED STATES PATENT AND TRADEMARK OFFICE. ( Filing fee $ 400 receipt number 0090-4793140) filed by AMERICAN CENTER FOR EQUITABLE TREATMENT, INC.. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit)(Rubinstein, Reed) (Entered: 01/03/2017)
2017-01-03Case Assigned to Judge Randolph D. Moss. (md) (Entered: 01/03/2017)
2017-01-032STANDING ORDER: The parties are hereby ORDERED to comply with the directives in the attached Standing Order. See Order for details. Signed by Judge Randolph D. Moss on 1/3/2017. (lcrdm2, ) (Entered: 01/03/2017)
2017-01-033SUMMONS (3) Issued Electronically as to UNITED STATES PATENT AND TRADEMARK OFFICE, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice of Consent) (md) (Entered: 01/03/2017)
2017-01-114RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES PATENT AND TRADEMARK OFFICE served on 1/6/2017 (Rubinstein, Reed) Modified on 1/11/2017 to correct service date (zrdj). (Entered: 01/11/2017)
2017-01-115RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 1/6/2017. Answer due for ALL FEDERAL DEFENDANTS by 2/5/2017. (Rubinstein, Reed) Modified on 1/11/2017 to correct service date (zrdj). (Entered: 01/11/2017)
2017-01-116RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 1/9/17. (Rubinstein, Reed) (Entered: 01/11/2017)
2017-01-197MOTION to Withdraw as Attorney as to AMERICAN CENTER FOR EQUITABLE TREATMENT, INC.. Attorney Reed D. Rubinstein terminated. (Rubinstein, Reed) Modified event title on 1/20/2017 (znmw). (Entered: 01/19/2017)
2017-01-19MINUTE ORDER: Plaintiff's counsel has filed a Motion to Withdraw Appearance 7 , and represented that Plaintiff consents to the withdrawal. The Court, however, may deny the motion if withdrawal would "be unfairly prejudicial to any party." LcvR 83.6(d). Here, withdrawal poses some risk of unfair prejudice to Plaintiff: Plaintiff "is a non-profit 501(c)(3) corporation," Compl. ¶ 4, and, because "corporate entities are not permitted to appear pro se  . . . , absent counsel, this action will be dismissed," Alexian Bros. Med. Ctr. v. Sebelius , 63 F. Supp. 3d 105, 108 (D.D.C. 2014). It is accordingly ORDERED that Plaintiff's counsel notify his client of the following: If the Court grants counsel's motion to withdraw, and if new counsel for Plaintiff has not entered an appearance on or before March 6, 2017, the Court may dismiss this action without prejudice. It is FURTHER ORDERED that Plaintiff's counsel shall file a status report advising the Court whether, in light of the possibility of dismissal, Plaintiff still consents to the motion, or whether another lawyer from counsel's law firm is available to represent Plaintiff. Signed by Judge Randolph D. Moss on 1/19/2017. (lcrdm3, ) (Entered: 01/19/2017)
2017-01-268NOTICE of Appearance by Andrew M. Grossman on behalf of AMERICAN CENTER FOR EQUITABLE TREATMENT, INC. (Grossman, Andrew) (Main Document 8 replaced on 1/27/2017) (jf). (Entered: 01/26/2017)
2017-01-26MINUTE ORDER: In light of the appearance of new counsel for Plaintiffs, it is hereby ORDERED that Reed Rubinstein's Motion to Withdraw Appearance 7 be GRANTED. Signed by Judge Randolph D. Moss on 1/26/2017. (lcrdm2, ) (Entered: 01/26/2017)
2017-01-279NOTICE of Voluntary Dismissal by AMERICAN CENTER FOR EQUITABLE TREATMENT, INC. (Grossman, Andrew) (Entered: 01/27/2017)
2017-01-27MINUTE ORDER: Upon consideration of the notice of voluntary dismissal 9 , this action is hereby DISMISSED without prejudice. Signed by Judge Randolph D. Moss on 1/27/2017. (lcrdm2, ) (Entered: 01/27/2017)
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by FOIA Project Staff