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Case TitleTHINKGLOBAL, INC. v. U.S. DEPARTMENT OF COMMERCE
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2017cv00331
Date Filed2017-02-23
Date ClosedOpen
JudgeChief Judge Beryl A. Howell
PlaintiffTHINKGLOBAL, INC.
Case DescriptionThinkGlobal, Inc., publisher of a trade publication on international exports, submitted five FOIA requests to the Department of Commerce and the International Trade Administration for records about international exports. The agency responded to several requests by indicating that it had no records, while it withheld other records under Exemption 4 (confidential business information). In at least one request, ThinkGlobal believed the International Trade Administration had purposefully said it had no records when it turned out that it did have responsive records. ThinkGlobal also requested a fee waiver, which was denied. ThinkGlobal filed administrative appeals of all its requests, none of which were resolved by the time ThinkGlobal filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Sanctions - Bad faith, Litigation - Attorney's fees

DefendantU.S. DEPARTMENT OF COMMERCE
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2017-02-231COMPLAINT against U.S. DEPARTMENT OF COMMERCE ( Filing fee $ 400 receipt number 0090-4853089) filed by THINKGLOBAL, INC.. (Attachments: # 1 Civil Cover Sheet, # 2 LCvR7.1 Cert, # 3 Summons)(Hodes, Scott) (Entered: 02/23/2017)
2017-02-23Case Assigned to Chief Judge Beryl A. Howell. (sth) (Entered: 02/24/2017)
2017-02-242SUMMONS (3) Issued Electronically as to U.S. DEPARTMENT OF COMMERCE, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Summons)(sth) (Entered: 02/24/2017)
2017-02-243STANDING ORDER. Signed by Chief Judge Beryl A. Howell on February 24, 2017. (lcbah1) (Entered: 02/24/2017)
2017-02-244ERRATA by THINKGLOBAL, INC. 1 Complaint filed by THINKGLOBAL, INC.. (Attachments: # 1 signature page of complaint)(Hodes, Scott) (Entered: 02/24/2017)
2017-03-175RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 3/3/2017. Answer due for ALL FEDERAL DEFENDANTS by 4/2/2017. (Hodes, Scott) (Entered: 03/17/2017)
2017-03-176RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 03/03/2017. (Hodes, Scott) (Entered: 03/17/2017)
2017-03-177RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF COMMERCE served on 3/2/2017 (Hodes, Scott) (Entered: 03/17/2017)
2017-03-238NOTICE of Appearance by John Cuong Truong on behalf of U.S. DEPARTMENT OF COMMERCE (Truong, John) (Entered: 03/23/2017)
2017-03-269Consent MOTION for Extension of Time to Respond to Complaint by U.S. DEPARTMENT OF COMMERCE (Truong, John) (Entered: 03/26/2017)
2017-03-27MINUTE ORDER (paperless) GRANTING the government's 9 Consent Motion for Extension of Time. Accordingly, the government shall, by June 2, 2017, respond to the plaintiff's 1 Complaint. Signed by Chief Judge Beryl A. Howell on March 27, 2017. (lcbah1) (Entered: 03/27/2017)
2017-03-27Set/Reset Deadlines: Government's Answer to the Complaint due by 6/2/2017. (tg) (Entered: 03/27/2017)
2017-04-2010NOTICE OF SUBSTITUTION OF COUNSEL by Marsha Wellknown Yee on behalf of U.S. DEPARTMENT OF COMMERCE Substituting for attorney John C. Truong (Yee, Marsha) (Entered: 04/20/2017)
2017-06-0211ANSWER to Complaint by U.S. DEPARTMENT OF COMMERCE.(Yee, Marsha) (Entered: 06/02/2017)
2017-06-1412Joint MOTION for Extension of Time to File Joint Report by U.S. DEPARTMENT OF COMMERCE (Attachments: # 1 Text of Proposed Order)(Yee, Marsha) (Entered: 06/14/2017)
2017-06-14MINUTE ORDER (paperless) GRANTING the parties' 12 Joint Motion for Extension of Time to File Joint Report. Accordingly, the parties shall, by June 23, 2017, file their joint report pursuant to ¶ 3(b)(ii) of the Standing Order. Signed by Chief Judge Beryl A. Howell on June 14, 2017. (lcbah1) (Entered: 06/14/2017)
2017-06-15Set/Reset Deadlines: Joint Report due by 6/23/2017. (tg) (Entered: 06/15/2017)
2017-06-2313Joint STATUS REPORT by U.S. DEPARTMENT OF COMMERCE. (Attachments: # 1 Text of Proposed Order)(Yee, Marsha) (Entered: 06/23/2017)
2017-06-23MINUTE ORDER (paperless) upon consideration of the parties' 13 Joint Report, ISSUING the following Scheduling Order to govern further proceedings in this case: the government shall, by December 4, 2017, file any motion for summary judgment; the plaintiff shall, by January 15, 2018, file any combined opposition to the government's motion for summary judgment and cross-motion for summary judgment; the government shall, by February 26, 2018, file any combined reply in support of its motion for summary judgment and opposition to the plaintiff's cross-motion for summary judgment; and the plaintiff shall, by April 9, 2018, file any reply in support of its motion for summary judgment. Signed by Chief Judge Beryl A. Howell on June 23, 2017. (lcbah1) (Entered: 06/23/2017)
2017-06-23Set/Reset Deadlines: Summary Judgment motion due by 12/4/2017; Cross-Motion and Opposition to Summary Judgment due by 1/15/2018; Opposition to Cross-Motion and Reply to Opposition to Motion for Summary Judgment due by 2/26/2018; Reply to Opposition to Cross Motion due by 4/9/2018. (tg) (Entered: 06/23/2017)
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by FOIA Project Staff