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DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2017cv01649
Date Filed2017-08-15
Date ClosedOpen
JudgeChief Judge Beryl A. Howell
Case DescriptionCause of Action Institute submitted a FOIA request to the Federal Trade Commission for records concerning communications with the House Government Oversight Committee pertaining to an FTC Docket for LabMD, Inc. Cause of Action Institute also requested a fee waiver. The agency acknowledged receipt of the request and denied COA's request for a fee waiver. The agency located 33 pages responsive to the second part of COA's request. It withheld some pages under the Constitution's Speech and Debate Clause, as well as Exemption 7(A) (interference with ongoing investigation or proceeding), Exemption 6 (invasion of privacy), and Exemption 7(C) (invasion of privacy concerning law enforcement records). The agency then denied COA's request for a fee waiver. COA filed an administrative appeal of the agency's denial of its request for a fee waiver as well as the exemptions claims made by the agency. The agency upheld its denial of COA's request for a fee waiver, finding that because COA was involved in the LabMD litigation it had a commercial purpose for requesting the records. The agency then told COA that it had found 1.5 GB of materials and would disclose those portions that were not exempt. The agency continued with its earlier exemption claims and added claims under Exemption 5 (privileges) and Exemption 3 (other statutes). COA filed an administrative appeal of the second round of exemption claims. The agency upheld its decision on appeal. COA then filed suit.
Complaint issues: Litigation - Attorney's fees

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User-contributed Documents
Docket Events (Hide)
Date FiledDoc #Docket Text

2017-08-151COMPLAINT against FEDERAL TRADE COMMISSION ( Filing fee $ 400 receipt number 0090-5074273) 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 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Civil Cover Sheet, # 15 Summons FTC, # 16 Summons AG, # 17 Summons Clerk)(Mulvey, Ryan) (Entered: 08/15/2017)
2017-08-152Corporate Disclosure Statement by CAUSE OF ACTION INSTITUTE. (Mulvey, Ryan) (Entered: 08/15/2017)
2017-08-153NOTICE of Appearance by Lee A. Steven on behalf of CAUSE OF ACTION INSTITUTE (Steven, Lee) (Entered: 08/15/2017)
2017-08-15Case Assigned to Chief Judge Beryl A. Howell. (zsb) (Entered: 08/15/2017)
2017-08-154SUMMONS (3) Issued Electronically as to FEDERAL TRADE COMMISSION, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Consent Form)(zsb) (Entered: 08/15/2017)
2017-08-155STANDING ORDER. Signed by Chief Judge Beryl A. Howell on August 15, 2017 (lcbah4) (Entered: 08/15/2017)
2017-08-286RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. FEDERAL TRADE COMMISSION served on 8/17/2017 (Mulvey, Ryan) (Entered: 08/28/2017)
2017-08-287RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 8/18/2017. Answer due for ALL FEDERAL DEFENDANTS by 9/17/2017. (Mulvey, Ryan) (Entered: 08/28/2017)
2017-08-288RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 08/18/2017. (Mulvey, Ryan) (Entered: 08/28/2017)
2017-09-189ANSWER to Complaint by FEDERAL TRADE COMMISSION.(Beckenhauer, Eric) (Entered: 09/18/2017)
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by FOIA Project Staff