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Case TitleDEMOCRACY FORWARD FOUNDATION v. UNITED STATES DEPARTMENT OF COMMERCE
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2017cv01295
Date Filed2017-06-30
Date ClosedOpen
JudgeJudge Tanya S. Chutkan
PlaintiffDEMOCRACY FORWARD FOUNDATION
Case DescriptionThe Democracy Forward Foundation submitted a FOIA request to the Department of Commerce for records concerning the resignation of Census Bureau Director John Thompson. The Democracy Forward Foundation also requested a fee waiver. After hearing nothing further from the agency, the Democracy Forward Foundation filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Vaughn index, Litigation - Attorney's fees

DefendantUNITED STATES 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

2017-06-301COMPLAINT against UNITED STATES DEPARTMENT OF COMMERCE ( Filing fee $ 400 receipt number 0090-5014604) filed by DEMOCRACY FORWARD FOUNDATION. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit Corporate Disclosure, # 3 Summons Summons)(Guzman, Javier) (Entered: 06/30/2017)
2017-06-302LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by DEMOCRACY FORWARD FOUNDATION. (md) (Main Document 2 replaced on 7/5/2017) (ztd). (Entered: 06/30/2017)
2017-06-30Case Assigned to Judge Tanya S. Chutkan. (md) (Entered: 06/30/2017)
2017-07-033SUMMONS Issued Electronically as to UNITED STATES DEPARTMENT OF COMMERCE. (Attachments: # 1 Notice of Consent) (md) (Entered: 07/03/2017)
2017-07-03SUMMONS Not Issued as to non-party U.S. Attorney, U.S. Attorney General. (FOIA SUMMONS WERE NOT SUBMITTED AT THE TIME COMPLAINT WAS FILED) (md) (Entered: 07/03/2017)
2017-07-034REQUEST FOR SUMMONS TO ISSUE filed by DEMOCRACY FORWARD FOUNDATION.(Guzman, Javier) (Entered: 07/03/2017)
2017-07-035REQUEST FOR SUMMONS TO ISSUE filed by DEMOCRACY FORWARD FOUNDATION.(Guzman, Javier) (Entered: 07/03/2017)
2017-07-056SUMMONS (2) Issued Electronically as to U.S. Attorney and U.S. Attorney General (Attachments: # 1 Summons)(td) (Entered: 07/05/2017)
2017-07-067MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Karianne M. Jones, :Firm- Democracy Forward Foundation, :Address- P.O. Box 34553, Washington, D.C. 20043. Phone No. - (202) 448-9090. Filing fee $ 100, receipt number 0090-5020748. Fee Status: Fee Paid. by DEMOCRACY FORWARD FOUNDATION (Attachments: # 1 Declaration, # 2 Text of Proposed Order)(Guzman, Javier) (Entered: 07/06/2017)
2017-07-07MINUTE ORDER: Granting 7 Motion for Leave to Appear Pro Hac Vice. Karianne M. Jones is hereby admitted pro hac vice to appear in this matter on behalf of Plaintiff. Signed by Judge Tanya S. Chutkan on 7/7/17. (DJS) (Entered: 07/07/2017)
2017-07-148RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES DEPARTMENT OF COMMERCE served on 7/10/2017, RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 07/10/2017., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 7/10/2017. ( Answer due for ALL FEDERAL DEFENDANTS by 8/9/2017.) (Attachments: # 1 Declaration)(Guzman, Javier) (Entered: 07/14/2017)
2017-08-049MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Robin F. Thurston, :Firm- Democracy Forward Foundation, :Address- P.O. Box 34553. Phone No. - 202-448-9090. Filing fee $ 100, receipt number 0090-5062529. Fee Status: Fee Paid. by DEMOCRACY FORWARD FOUNDATION (Attachments: # 1 Declaration, # 2 Text of Proposed Order)(Guzman, Javier) (Entered: 08/04/2017)
2017-08-07MINUTE ORDER: Granting 9 Motion for Leave to Appear Pro Hac Vice. Robin F. Thurston is hereby admitted pro hac vice to appear in this matter on behalf of Plaintiff. Signed by Judge Tanya S. Chutkan on 8/7/17. (DJS) (Entered: 08/07/2017)
2017-08-0910NOTICE of Appearance by Daniel Patrick Schaefer on behalf of UNITED STATES DEPARTMENT OF COMMERCE (Schaefer, Daniel) (Entered: 08/09/2017)
2017-08-0911Consent MOTION for Extension of Time to File Answer re 1 Complaint, by UNITED STATES DEPARTMENT OF COMMERCE (Attachments: # 1 Text of Proposed Order)(Schaefer, Daniel) (Entered: 08/09/2017)
2017-08-09MINUTE ORDER: Granting 11 Consent Motion for Extension of Time to Answer. Defendant shall answer or otherwise respond to the complaint by September 8, 2017. Signed by Judge Tanya S. Chutkan on 8/9/17. (DJS) (Entered: 08/09/2017)
2017-08-10Set/Reset Deadlines: Answer due by 9/8/2017. (tb) (Entered: 08/10/2017)
2017-08-1812NOTICE of Appearance by Robin Frances Thurston on behalf of All Plaintiffs (Thurston, Robin) (Entered: 08/18/2017)
2017-09-0813ANSWER to Complaint by UNITED STATES DEPARTMENT OF COMMERCE.(Schaefer, Daniel) (Entered: 09/08/2017)
2017-09-09MINUTE ORDER: Before the Court in this FOIA case are a complaint and an answer. The requirements of LCvR 16.3 and Rule 26(f) of the Federal Rules of Civil procedure appear to be inapplicable. IT IS HEREBY ORDERED that the parties shall meet and confer and propose a schedule for proceeding in this matter. The schedule shall address the status of Plaintiff's FOIA request, the anticipated number of documents responsive to Plaintiff's FOIA request, the anticipated date(s) for release of the documents requested by Plaintiff, whether a motion for an Open America stay is likely in this case, whether a Vaughn index will be required in this case, whether and when either party anticipates filing a dispositive motion, and any other pertinent issues. The parties shall file a joint status report that addresses these issues and that contains a proposed schedule and proposed order not later than 10/2/17. Signed by Judge Tanya S. Chutkan on 9/9/17. (DJS) (Entered: 09/09/2017)
2017-09-10Set/Reset Deadlines: Joint Status Report due by 10/2/2017. (tb) (Entered: 09/10/2017)
2017-10-0214Joint STATUS REPORT and Proposed Schedule by UNITED STATES DEPARTMENT OF COMMERCE. (Attachments: # 1 Text of Proposed Order)(Schaefer, Daniel) (Entered: 10/02/2017)
2017-10-03MINUTE ORDER: Having considered the parties' Joint Status Report 14 , it is hereby ordered that the parties shall file another Joint Status Report and proposed order by November15, 2017. Signed by Judge Tanya S. Chutkan on 10/3/17. (DJS) (Entered: 10/03/2017)
2017-10-04Set/Reset Deadlines: Joint Status Report due by 11/15/2017. (tb) (Entered: 10/04/2017)
2017-11-1515Joint STATUS REPORT by DEMOCRACY FORWARD FOUNDATION. (Attachments: # 1 Text of Proposed Order)(Thurston, Robin) (Entered: 11/15/2017)
2017-11-16MINUTE ORDER: Having considered the parties' Joint Status Report 15 , it is hereby ordered that the parties shall file another joint report and proposed order by December 6, 2017. Signed by Judge Tanya S. Chutkan on 11/16/17. (DJS) (Entered: 11/16/2017)
2017-11-17Set/Reset Deadlines: Joint Status Report due by 12/6/2017. (tb) (Entered: 11/17/2017)
2017-12-0616Joint STATUS REPORT by UNITED STATES DEPARTMENT OF COMMERCE. (Attachments: # 1 Text of Proposed Order)(Schaefer, Daniel) (Entered: 12/06/2017)
2017-12-11MINUTE ORDER: Having considered the parties' Joint Status Report 16 , it is hereby ordered that the parties shall file another joint report and proposed order by December 18, 2017. Signed by Judge Tanya S. Chutkan on 12/11/17. (DJS) (Entered: 12/11/2017)
2017-12-12Set/Reset Deadlines: Joint Status Report due by 12/18/2017. (tb) (Entered: 12/12/2017)
2017-12-1817Joint STATUS REPORT by UNITED STATES DEPARTMENT OF COMMERCE. (Attachments: # 1 Text of Proposed Order)(Schaefer, Daniel) (Entered: 12/18/2017)
2017-12-20MINUTE ORDER: Having considered the parties' Joint Status Report 17 , it is hereby ordered that the Department of Commerce shall provide to Plaintiff answers to Plaintiff's outstanding questions regarding the search performed in this case by January 10, 2017, including, specifically, an explanation regarding the time-frame for the searches, the custodians searched, and an explanation of the electronic search methodology. The parties shall file another joint status report and proposed order by January 19, 2018. Signed by Judge Tanya S. Chutkan on 12/20/17. (DJS) Modified on 12/20/2017 (tb). (Entered: 12/20/2017)
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