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Case TitleLANTZ v. U.S. DEPARTMENT OF COMMERCE et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2017cv00940
Date Filed2017-05-18
Date ClosedOpen
JudgeJudge Christopher R. Cooper
PlaintiffJAMES LANTZ
Case DescriptionJames Lantz, a documentary filmmaker, submitted a FOIA request to the U.S. Patent & Trademark Office for records concerning a trademark application for "Eat More Kale." The agency disclosed 45 pages but withheld records under Exemption 5 (privileges) and Exemption 6 (invasion of privacy). Lantz filed an administrative appeal. The agency affirmed its Exemption 5 claims and disclosed an additional 52 pages. Lantz then filed suit.
Complaint issues: Adequacy - Search, Litigation - Attorney's fees

DefendantU.S. DEPARTMENT OF COMMERCE
DefendantU.S. PATENT AND TRADEMARK OFFICE
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2017-05-181COMPLAINT against All Defendants ( Filing fee $ 400 receipt number 0090-4957182) filed by JAMES LANTZ. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Summons)(Hodes, Scott) (Entered: 05/18/2017)
2017-05-22Case Assigned to Judge Christopher R. Cooper. (zsb) (Entered: 05/22/2017)
2017-05-222SUMMONS (4) Issued Electronically as to U.S. DEPARTMENT OF COMMERCE, U.S. PATENT AND TRADEMARK OFFICE, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Consent Form)(zsb) (Entered: 05/22/2017)
2017-06-083RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 5/30/2017. Answer due for ALL FEDERAL DEFENDANTS by 6/29/2017. (Hodes, Scott) (Entered: 06/08/2017)
2017-06-084RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 05/30/2017. (Hodes, Scott) (Entered: 06/08/2017)
2017-06-085RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. PATENT AND TRADEMARK OFFICE served on 5/25/2017 (Hodes, Scott) (Entered: 06/08/2017)
2017-06-086RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF COMMERCE served on 5/26/2017 (Hodes, Scott) (Entered: 06/08/2017)
2017-06-277NOTICE of Appearance by Alexander Daniel Shoaibi on behalf of All Defendants (Shoaibi, Alexander) (Entered: 06/27/2017)
2017-06-278Consent MOTION for Extension of Time to Respond to Complaint by U.S. DEPARTMENT OF COMMERCE, U.S. PATENT AND TRADEMARK OFFICE (Shoaibi, Alexander) (Entered: 06/27/2017)
2017-06-28MINUTE ORDER granting 8 Motion for Extension of Time: It is hereby ORDERED that Defendants shall respond to Plaintiff's Complaint no later than July 31, 2017. Signed by Judge Christopher R. Cooper on 6/28/2017. (lccrc1) (Entered: 06/28/2017)
2017-06-28Set/Reset Deadlines: Respond by 7/31/2017. (nbn) (Entered: 06/29/2017)
2017-07-319ANSWER to Complaint by U.S. DEPARTMENT OF COMMERCE, U.S. PATENT AND TRADEMARK OFFICE.(Shoaibi, Alexander) (Entered: 07/31/2017)
2017-08-03MINUTE ORDER: Before the Court in this FOIA case are a complaint and an answer. It is hereby ORDERED that the parties promptly confer and file a joint proposed schedule for briefing or disclosure by August 17, 2017. Signed by Judge Christopher R. Cooper on 8/3/2017. (lccrc1) (Entered: 08/03/2017)
2017-08-04Set/Reset Deadlines: Joint Proposed Briefing Schedule due by 8/17/2017 (lsj) (Entered: 08/04/2017)
2017-08-1710Joint STATUS REPORT by JAMES LANTZ. (Hodes, Scott) (Entered: 08/17/2017)
2017-08-30MINUTE ORDER: Upon consideration of the parties' 10 Status Report and Proposed Schedule, it is hereby ORDERED that: Defendant's Motion for Summary Judgment is due on or before October 16, 2017; Plaintiff's Opposition and Cross-Motion is due on or before November 13, 2017; Defendant's Reply and Opposition is due on or before November 29, 2017; and Plaintiff's Reply is due on or before December 16, 2017. Signed by Judge Christopher R. Cooper on 8/30/2017. (lccrc1) (Entered: 08/30/2017)
2017-08-31Set/Reset Deadlines: Summary Judgment motions due by 10/16/2017. Response to Motion for Summary Judgment due by 11/13/2017. Reply to Motion for Summary Judgment due by 11/29/2017. Replies due by 12/16/2017. (lsj) (Entered: 08/31/2017)
2017-10-1611MOTION for Summary Judgment by U.S. DEPARTMENT OF COMMERCE, U.S. PATENT AND TRADEMARK OFFICE (Attachments: # 1 Declaration of Kathryn Siehndel, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I)(Shoaibi, Alexander) (Entered: 10/16/2017)
2017-11-1312Memorandum in opposition to re 11 MOTION for Summary Judgment filed by JAMES LANTZ. (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Exhibit, # 4 Declaration, # 5 Text of Proposed Order)(Hodes, Scott) (Entered: 11/13/2017)
2017-11-1313Cross MOTION for Summary Judgment by JAMES LANTZ (Attachments: # 1 Statement of Facts, # 2 Memorandum in Support, # 3 Exhibit, # 4 Declaration, # 5 Text of Proposed Order)(Hodes, Scott) (Entered: 11/13/2017)
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by FOIA Project Staff