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Case TitleBACARDI & COMPANY LIMITED et al v. U.S. DEPARTMENT OF THE TREASURY et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2017cv01828
Date Filed2017-09-06
Date ClosedOpen
JudgeJudge Colleen Kollar-Kotelly
PlaintiffBACARDI & COMPANY LIMITED
PlaintiffBACARDI U.S.A., INC.
Case DescriptionBacardi & Company submitted a FOIA request to the Office of Foreign Assets Control at the Department of Treasury for records concerning an OFAC license granted to Cubaexport, an entity controlled by the Cuban government. The agency disclosed 32 pages in an initial release. Bacardi & Company filed an administrative appeal, which was rejected as being premature. Bacardi & Company then filed suit.
Complaint issues: Adequacy - Search, Litigation - Attorney's fees

DefendantU.S. DEPARTMENT OF THE TREASURY
DefendantU.S. DEPARTMENT OF THE TREASURY OFFICE OF FOREIGN ASSETS CONTROL
Documents
Docket
Complaint
Complaint attachment 1
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2017-09-061COMPLAINT FOR INJUNCTIVE RELIEF against U.S. DEPARTMENT OF THE TREASURY, U.S. DEPARTMENT OF THE TREASURY OFFICE OF FOREIGN ASSETS CONTROL ( Filing fee $ 400 receipt number 0090-5104940) filed by BACARDI & COMPANY LIMITED, BACARDI U.S.A., INC.. (Attachments: # 1 Civil Cover Sheet)(Robeck, Mark) (Entered: 09/06/2017)
2017-09-062REQUEST FOR SUMMONS TO ISSUE to Office of Foreign Assets Control, U.S. Department of the Treasury filed by BACARDI & COMPANY LIMITED, BACARDI U.S.A., INC..(Robeck, Mark) (Entered: 09/06/2017)
2017-09-063REQUEST FOR SUMMONS TO ISSUE to U.S. Department of the Treasury filed by BACARDI & COMPANY LIMITED, BACARDI U.S.A., INC..(Robeck, Mark) (Entered: 09/06/2017)
2017-09-064REQUEST FOR SUMMONS TO ISSUE to U.S. Attorney General filed by BACARDI & COMPANY LIMITED, BACARDI U.S.A., INC..(Robeck, Mark) (Entered: 09/06/2017)
2017-09-065REQUEST FOR SUMMONS TO ISSUE to U.S. Attorney for the District of Columbia filed by BACARDI & COMPANY LIMITED, BACARDI U.S.A., INC..(Robeck, Mark) (Entered: 09/06/2017)
2017-09-066REQUEST FOR SUMMONS TO ISSUE to U.S. Attorney for the District of Columbia (corrected) filed by BACARDI & COMPANY LIMITED, BACARDI U.S.A., INC..(Robeck, Mark) (Entered: 09/06/2017)
2017-09-077ERRATA COMPLAINT FOR INJUNCTIVE RELIEF by BACARDI & COMPANY LIMITED, BACARDI U.S.A., INC. 1 Complaint, filed by BACARDI U.S.A., INC., BACARDI & COMPANY LIMITED. (Robeck, Mark) (Entered: 09/07/2017)
2017-09-07Case Assigned to Judge Colleen Kollar-Kotelly. (zsb) (Entered: 09/07/2017)
2017-09-078SUMMONS (4) Issued Electronically as to U.S. DEPARTMENT OF THE TREASURY, U.S. DEPARTMENT OF THE TREASURY OFFICE OF FOREIGN ASSETS CONTROL, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Consent Form)(zsb) (Entered: 09/07/2017)
2017-09-119ORDER ESTABLISHING PROCEDURES FOR CASES ASSIGNED TO JUDGE COLLEEN KOLLAR-KOTELLY. Signed by Judge Colleen Kollar-Kotelly on 09/11/2017. (DM) (Entered: 09/11/2017)
2017-09-1310Corporate Disclosure Statement by BACARDI & COMPANY LIMITED, BACARDI U.S.A., INC.. (Robeck, Mark) (Entered: 09/13/2017)
2017-09-1311MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Michael C. Lynch, :Firm- Kelley Drye & Warren, :Address- 101 Park Avenue, New York, NY 10178. Phone No. - 212-808-7800. Fax No. - 212-8087897 Fee Status: No Fee Paid. by BACARDI & COMPANY LIMITED, BACARDI U.S.A., INC. (Attachments: # 1 Declaration Declaration of Michael C. Lynch, # 2 Text of Proposed Order)(Robeck, Mark) (Entered: 09/13/2017)
2017-09-1312MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Damon W. Suden, :Firm- Kelley Drye & Warren, :Address- 101 Park Avenue, New York, NY 10178. Phone No. - 212-808-7800. Fax No. - 212-808-7897 Fee Status: No Fee Paid. by BACARDI & COMPANY LIMITED, BACARDI U.S.A., INC. (Attachments: # 1 Declaration Declaration of Damon W. Suden, # 2 Text of Proposed Order)(Robeck, Mark) (Entered: 09/13/2017)
2017-09-2213RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 9/18/2017. (Robeck, Mark) (Entered: 09/22/2017)
2017-09-2214RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 9/18/2017. Answer due for ALL FEDERAL DEFENDANTS by 10/18/2017. (Robeck, Mark) (Entered: 09/22/2017)
2017-09-2215RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF THE TREASURY served on 9/18/2017 (Robeck, Mark) (Entered: 09/22/2017)
2017-09-2216RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF THE TREASURY OFFICE OF FOREIGN ASSETS CONTROL served on 9/18/2017 (Robeck, Mark) (Entered: 09/22/2017)
2017-09-26Filing fees: $ 100.00, receipt number 4616087319 and 4616087320 $100.00 for the Motions to Appear Pro Hac Vice docket entry numbers 11 and 12 . (td) (Entered: 09/26/2017)
2017-09-2617NOTICE of Appearance by Joshua L. Rogers on behalf of All Defendants (Rogers, Joshua) (Entered: 09/26/2017)
2017-10-1318MOTION for Extension of Time to File Answer or Otherwise Respond by U.S. DEPARTMENT OF THE TREASURY, U.S. DEPARTMENT OF THE TREASURY OFFICE OF FOREIGN ASSETS CONTROL (Attachments: # 1 Text of Proposed Order)(Rogers, Joshua) (Entered: 10/13/2017)
2017-10-16MINUTE ORDER: The Court is in receipt of Defendant's 18 Motion for Extension of Time to Respond, which seeks a 21-day extension of time for Defendant to respond to the complaint. Plaintiff consents to a 7-day extension, but not to a 21-day extension. For good cause shown, a 7-day extension is GRANTED, and Defendant's response to the complaint is due by OCTOBER 25, 2017. Plaintiff shall file a response by October 18, 2017 stating the factual and legal basis for its opposition. If no response is received by that date, the extension shall be automatically enlarged to 21-days, and Defendant's response to the complaint shall be due by NOVEMBER 8, 2017. Signed by Judge Colleen Kollar-Kotelly on 10/16/2017. (lcckk1) (Entered: 10/16/2017)
2017-10-1619RESPONSE re 18 MOTION for Extension of Time to File Answer or Otherwise Respond / PLAINTIFFS OPPOSITION TO DEFENDANTS' MOTION FOR EXTENSION OF TIME TO RESPOND filed by BACARDI & COMPANY LIMITED, BACARDI U.S.A., INC.. (Robeck, Mark) (Entered: 10/16/2017)
2017-10-24MINUTE ORDER. The Court has received the 11 Motion for Admission Pro Hac Vice of Attorney Michael C. Lynch. That Motion is GRANTED CONTINGENT on Mr. Lynch filing a declaration by October 30, 2017 certifying that he has reviewed and is familiar with the Local Rules of this Court. The Court has received the 12 Motion for Admission Pro Hac Vice of Attorney Damon Suden. That Motion is GRANTED CONTINGENT on Mr. Suden filing a declaration by October 30, 2017 certifying that he has reviewed and is familiar with the Local Rules of this Court. Signed by Judge Colleen Kollar-Kotelly on 10/24/2017. (lcckk1) Modified to add event title on 10/25/2017 (znmw). (Entered: 10/24/2017)
2017-10-2520ANSWER to Complaint by U.S. DEPARTMENT OF THE TREASURY, U.S. DEPARTMENT OF THE TREASURY OFFICE OF FOREIGN ASSETS CONTROL.(Rogers, Joshua) (Entered: 10/25/2017)
2017-10-2521NOTICE of Filing by U.S. DEPARTMENT OF THE TREASURY, U.S. DEPARTMENT OF THE TREASURY OFFICE OF FOREIGN ASSETS CONTROL re 20 Answer to Complaint (Attachments: # 1 Exhibit)(Rogers, Joshua) (Entered: 10/25/2017)
2017-10-2522AFFIDAVIT re Order on Motion for Leave to Appear Pro Hac Vice,,,,, / DECLARATION OF MICHAEL C. LYNCH by BACARDI & COMPANY LIMITED, BACARDI U.S.A., INC.. (Lynch, Michael) (Entered: 10/25/2017)
2017-10-2523AFFIDAVIT re Order on Motion for Leave to Appear Pro Hac Vice,,,,, / DECLARATION OF DAMON W. SUDEN by BACARDI & COMPANY LIMITED, BACARDI U.S.A., INC.. (Suden, Damon) (Entered: 10/25/2017)
2017-10-3124ORDER. The parties shall file the schedule not later than DECEMBER 4, 2017. Signed by Judge Colleen Kollar-Kotelly on October 31, 2017. (lcckk1) (Entered: 10/31/2017)
2017-10-31Set/Reset Deadlines: Joint Status Report due by 12/4/2017. (dot) (Entered: 11/01/2017)
2017-11-01Set/Reset Deadlines: Joint Status Report proposing a schedule due by 12/4/2017. (tb) (Entered: 11/01/2017)
2017-12-0425Joint STATUS REPORT by BACARDI & COMPANY LIMITED, BACARDI U.S.A., INC.. (Attachments: # 1 Exhibit A - FOIA Request, # 2 Exhibit B - Proposed Order)(Suden, Damon) (Entered: 12/04/2017)
2017-12-19MINUTE ORDER: The Court has received the parties' 25 Joint Status Report, which indicates that the parties have conferred and propose a schedule for production. The Court adopts this proposal with minor modifications. Defendant shall make monthly rolling productions to Plaintiff of responsive, non-exempt records by the fourth day of each month, beginning JANUARY 4, 2018 . Defendant has agreed to review approximately 350 pages per month. The parties shall continue to meet and confer regarding the rate of review, and if the parties are unable to agree on the discrete issue of the monthly rate of the production of records, the parties shall brief the Court as necessary. The parties shall file a Joint Status Report with the Court every 30 days, beginning JANUARY 9, 2018 , to apprise the Court of the status of Plaintiff's Freedom of Information Act Request, the total number of pages that were reviewed, how many pages were produced, and how many pages were withheld as exempt, if any. Within 30 days after the final production, the parties shall meet and confer and file a Joint Status Report identifying whether any further issues remain in the case and proposing a briefing schedule, if necessary. Signed by Judge Colleen Kollar-Kotelly on December 19, 2017. (lcckk1) (Entered: 12/19/2017)
2017-12-20Set/Reset Deadlines: Defendant's document production due 1/4/2018; Joint Status Report due by 1/9/2018. (kt) (Entered: 12/20/2017)
2018-01-0926Joint STATUS REPORT by BACARDI & COMPANY LIMITED, BACARDI U.S.A., INC.. (Suden, Damon) (Entered: 01/09/2018)
2018-02-0827Joint STATUS REPORT by U.S. DEPARTMENT OF THE TREASURY, U.S. DEPARTMENT OF THE TREASURY OFFICE OF FOREIGN ASSETS CONTROL. (Rogers, Joshua) (Entered: 02/08/2018)
2018-03-1228Joint STATUS REPORT by U.S. DEPARTMENT OF THE TREASURY, U.S. DEPARTMENT OF THE TREASURY OFFICE OF FOREIGN ASSETS CONTROL. (Rogers, Joshua) (Entered: 03/12/2018)
2018-04-1029Joint STATUS REPORT by U.S. DEPARTMENT OF THE TREASURY, U.S. DEPARTMENT OF THE TREASURY OFFICE OF FOREIGN ASSETS CONTROL. (Rogers, Joshua) (Entered: 04/10/2018)
2018-05-1030Joint STATUS REPORT by U.S. DEPARTMENT OF THE TREASURY, U.S. DEPARTMENT OF THE TREASURY OFFICE OF FOREIGN ASSETS CONTROL. (Rogers, Joshua) (Entered: 05/10/2018)
2018-06-0831Joint STATUS REPORT by U.S. DEPARTMENT OF THE TREASURY, U.S. DEPARTMENT OF THE TREASURY OFFICE OF FOREIGN ASSETS CONTROL. (Rogers, Joshua) (Entered: 06/08/2018)
2018-07-1132Joint STATUS REPORT by U.S. DEPARTMENT OF THE TREASURY, U.S. DEPARTMENT OF THE TREASURY OFFICE OF FOREIGN ASSETS CONTROL. (Rogers, Joshua) (Entered: 07/11/2018)
2018-08-1033Joint STATUS REPORT by U.S. DEPARTMENT OF THE TREASURY, U.S. DEPARTMENT OF THE TREASURY OFFICE OF FOREIGN ASSETS CONTROL. (Rogers, Joshua) (Entered: 08/10/2018)
2018-09-0434Joint STATUS REPORT by U.S. DEPARTMENT OF THE TREASURY, U.S. DEPARTMENT OF THE TREASURY OFFICE OF FOREIGN ASSETS CONTROL. (Rogers, Joshua) (Entered: 09/04/2018)
2018-10-0935Joint STATUS REPORT by U.S. DEPARTMENT OF THE TREASURY, U.S. DEPARTMENT OF THE TREASURY OFFICE OF FOREIGN ASSETS CONTROL. (Rogers, Joshua) (Entered: 10/09/2018)
2018-11-0836Joint STATUS REPORT by U.S. DEPARTMENT OF THE TREASURY, U.S. DEPARTMENT OF THE TREASURY OFFICE OF FOREIGN ASSETS CONTROL. (Rogers, Joshua) (Entered: 11/08/2018)
2018-12-1037Joint STATUS REPORT by U.S. DEPARTMENT OF THE TREASURY, U.S. DEPARTMENT OF THE TREASURY OFFICE OF FOREIGN ASSETS CONTROL. (Rogers, Joshua) (Entered: 12/10/2018)
2018-12-1138NOTICE OF SUBSTITUTION OF COUNSEL by Joseph Dale Wilson, III on behalf of BACARDI & COMPANY LIMITED, BACARDI U.S.A., INC. Substituting for attorney Mark R. Robeck (Attachments: # 1 Text of Proposed Order)(Wilson, Joseph) (Entered: 12/11/2018)
2018-12-14MINUTE ORDER: The Court has received Plaintiffs' 38 Motion to Substitute Counsel, which seeks to withdraw Mark R. Robeck's appearance. Because the Motion also seeks to substitute the appearance of Joseph D. Wilson, and Plaintiffs will continue to be represented by Michael C. Lynch and Damon Suden, the Court shall GRANT the 38 Motion. Signed by Judge Colleen Kollar-Kotelly on December 14, 2018. (lcckk1) (Entered: 12/14/2018)
2019-01-0739MOTION to Stay by U.S. DEPARTMENT OF THE TREASURY, U.S. DEPARTMENT OF THE TREASURY OFFICE OF FOREIGN ASSETS CONTROL (Attachments: # 1 Text of Proposed Order)(Coles-Huff, Doris) (Entered: 01/07/2019)
2019-01-08MINUTE ORDER: The Court has received Defendants' 39 Motion for Stay of All Proceedings in Light of Lapse of Appropriations. Plaintiffs have indicated that they will not oppose this relief. Accordingly, in an exercise of the Court's discretion, the Court shall GRANT Defendants' 39 Motion. The Court shall STAY the rolling deadlines for Defendants' productions and the parties' Joint Status Reports. The next Joint Status Report was otherwise due on January 9, 2019. These deadlines are tolled commensurate with the length of the lapse of appropriations to the U.S. Department of Justice. The parties shall file a notice within two business days of the restoration of the U.S. Department of Justice's funding and the resumption of its operations. Once operations resume, the Court shall set a new date for rolling productions. Signed by Judge Colleen Kollar-Kotelly on January 8, 2019. (lcckk1) (Entered: 01/08/2019)
2019-01-2940NOTICE of Restored Funding by U.S. DEPARTMENT OF THE TREASURY, U.S. DEPARTMENT OF THE TREASURY OFFICE OF FOREIGN ASSETS CONTROL (Rogers, Joshua) (Entered: 01/29/2019)
2019-01-30MINUTE ORDER: The Court has received Defendant's 40 Notice of Restored Government Funding. Accordingly, the Court hereby LIFTS the stay in this matter. Defendant shall make productions to Plaintiff by FEBRUARY 8, 2019, and the eighth day of each month thereafter, unless and until the Court orders otherwise . The parties shall submit Joint Status Reports by FEBRUARY 13, 2019, and the thirteenth day of each month thereafter, unless and until the Court orders otherwise . Except as modified here, the productions and Joint Status Reports should abide by the instructions in the Court's Minute Order of December 19, 2017. Within 30 days after the final production, the parties shall meet and confer and file a Joint Status Report identifying whether any further issues remain in the case and proposing a briefing schedule, if necessary. Signed by Judge Colleen Kollar-Kotelly on January 30, 2019. (lcckk1) (Entered: 01/30/2019)
2019-02-1341Joint STATUS REPORT re: Defendant's production of materials responsive to Plaintiffs' request under the Freedom of Information Act by BACARDI & COMPANY LIMITED, BACARDI U.S.A., INC.. (Suden, Damon) (Entered: 02/13/2019)
2019-02-1542Joint STATUS REPORT (Amended) by U.S. DEPARTMENT OF THE TREASURY, U.S. DEPARTMENT OF THE TREASURY OFFICE OF FOREIGN ASSETS CONTROL. (Graham-Oliver, Heather) (Entered: 02/15/2019)
2019-02-2143NOTICE OF SUBSTITUTION OF COUNSEL by Diana Viggiano Valdivia on behalf of All Defendants (Valdivia, Diana) (Entered: 02/21/2019)
2019-03-1344Joint STATUS REPORT by U.S. DEPARTMENT OF THE TREASURY, U.S. DEPARTMENT OF THE TREASURY OFFICE OF FOREIGN ASSETS CONTROL. (Valdivia, Diana) (Entered: 03/13/2019)
2019-04-1545Joint STATUS REPORT by U.S. DEPARTMENT OF THE TREASURY, U.S. DEPARTMENT OF THE TREASURY OFFICE OF FOREIGN ASSETS CONTROL. (Valdivia, Diana) (Entered: 04/15/2019)
2019-05-1346Joint STATUS REPORT by U.S. DEPARTMENT OF THE TREASURY, U.S. DEPARTMENT OF THE TREASURY OFFICE OF FOREIGN ASSETS CONTROL. (Valdivia, Diana) (Entered: 05/13/2019)
2019-06-1347Joint STATUS REPORT by U.S. DEPARTMENT OF THE TREASURY, U.S. DEPARTMENT OF THE TREASURY OFFICE OF FOREIGN ASSETS CONTROL. (Valdivia, Diana) (Entered: 06/13/2019)
2019-07-1548Joint STATUS REPORT by U.S. DEPARTMENT OF THE TREASURY, U.S. DEPARTMENT OF THE TREASURY OFFICE OF FOREIGN ASSETS CONTROL. (Valdivia, Diana) (Entered: 07/15/2019)
2019-08-1349Joint STATUS REPORT by U.S. DEPARTMENT OF THE TREASURY, U.S. DEPARTMENT OF THE TREASURY OFFICE OF FOREIGN ASSETS CONTROL. (Valdivia, Diana) (Entered: 08/13/2019)
2019-09-1350Joint STATUS REPORT by U.S. DEPARTMENT OF THE TREASURY, U.S. DEPARTMENT OF THE TREASURY OFFICE OF FOREIGN ASSETS CONTROL. (Valdivia, Diana) (Entered: 09/13/2019)
2019-09-16MINUTE ORDER: The Court has received the parties' 50 Joint Status Report, which indicates that the Office of Foreign Assets Control "issued its seventh supplemental and final release to Plaintiffs." Defendant represents that its production is now complete. The parties request an extension of the thirty-day deadline from the date of final production for a Joint Status Report "identifying whether any further issues remain in the case and proposing a briefing schedule, if necessary" pursuant to this Court's December 19, 2017 and January 30, 2019 Minute Orders. In particular, the parties request an extension until November 12, 2019. Accordingly, and for good cause shown, the Court shall GRANT the extension. The parties shall file their Joint Status Report "identifying whether any further issues remain in the case and proposing a briefing schedule, if necessary" on or before NOVEMBER 12, 2019. Signed by Judge Colleen Kollar-Kotelly on September 16, 2019. (lcckk1) (Entered: 09/16/2019)
2019-09-16Set/Reset Deadlines: The parties shall file their Joint Status Report "identifying whether any further issues remain in the case and proposing a briefing schedule, if necessary" on or before NOVEMBER 12, 2019. (dot) (Entered: 09/17/2019)
2019-11-1251Joint STATUS REPORT by U.S. DEPARTMENT OF THE TREASURY, U.S. DEPARTMENT OF THE TREASURY OFFICE OF FOREIGN ASSETS CONTROL. (Valdivia, Diana) (Entered: 11/12/2019)
2019-11-14MINUTE ORDER: The Court has received the parties' 51 Joint Status Report, which indicates that since the last Joint Status Report dated September 13, 2019, the parties have been meeting and conferring to identify any issues remaining in the case. Accordingly, the Court adopts the parties' proposal that they file an additional Joint Status Report on or before NOVEMBER 25, 2019 identifying whether any further issues remain in the case and proposing a briefing schedule, if necessary. Signed by Judge Colleen Kollar-Kotelly on November 14, 2019. (lccck1) (Entered: 11/14/2019)
2019-11-14Set/Reset Deadlines: Joint Status Report due by 11/25/2019, identifying whether any further issues remain in the case and proposing a briefing schedule, if necessary. (dot) (Entered: 11/15/2019)
2019-11-2552Joint STATUS REPORT by BACARDI & COMPANY LIMITED, BACARDI U.S.A., INC.. (Suden, Damon) (Entered: 11/25/2019)
2019-11-2753SCHEDULING AND PROCEDURES ORDER setting schedule for Summary Judgment briefing. See Order for details. Signed by Judge Colleen Kollar-Kotelly on November 27, 2019. (lccck1) (Entered: 11/27/2019)
2019-11-27Set/Reset Deadlines: Defendants' Summary Judgment Motion due by 3/31/2020. Response to Motion for Summary Judgment due by 5/29/2020. Reply to Motion for Summary Judgment due by 7/31/2020. Plaintiffs' Cross Motion due by 5/29/2020. Response to Cross Motion due by 7/31/2020. Reply to Cross Motion due by 8/14/2020. (dot) (Entered: 11/27/2019)
2020-03-2754MOTION for Extension of Time to File Motion for Summary Judgment in Light of the COVID-19 Pandemic's Effect on Federal Government Operations by U.S. DEPARTMENT OF THE TREASURY, U.S. DEPARTMENT OF THE TREASURY OFFICE OF FOREIGN ASSETS CONTROL (Attachments: # 1 Declaration of MARSHALL H. FIELDS, JR., # 2 Text of Proposed Order)(Valdivia, Diana) (Entered: 03/27/2020)
2020-03-3055ORDER granting 54 Motion for Extension of Time to File Motion for Summary Judgment: Defendant's Motion due by 05/15/2020; Plaintiff's Opposition and Cross-Motion due by 7/13/2020; Defendant's Reply/Opposition to Cross-Motion due by 09/17/2020; Plaintiff's Reply due by 09/28/2020. The Vaughn Index is due by 5/15/2020. Signed by Judge Colleen Kollar-Kotelly on 03/30/2020. (DM) (Entered: 03/30/2020)
2020-05-1256MOTION for Extension of Time to File Motion for Summary Judgment by U.S. DEPARTMENT OF THE TREASURY, U.S. DEPARTMENT OF THE TREASURY OFFICE OF FOREIGN ASSETS CONTROL (Attachments: # 1 Declaration of Eric F. Stein, # 2 Text of Proposed Order)(Valdivia, Diana) (Entered: 05/12/2020)
2020-05-1357Memorandum in opposition to re 56 MOTION for Extension of Time to File Motion for Summary Judgment filed by BACARDI & COMPANY LIMITED, BACARDI U.S.A., INC.. (Lynch, Michael) (Entered: 05/13/2020)
2020-05-14MINUTE ORDER: The Court has received Defendant's 56 Motion for an Extension of Time to File Its Motion for Summary Judgment in Light of the COVID-19 Pandemic's Ongoing Effect on Federal Government Operations and Plaintiffs' 57 Memorandum of Law in Opposition to Defendant's Second Motion for an Extension of Time. In light of the upcoming deadline that Defendant seeks to extend, Defendant shall file any reply in support of its Motion by no later than MAY 15, 2020 . Signed by Judge Colleen Kollar-Kotelly on May 14, 2020. (lccck1) (Entered: 05/14/2020)
2020-05-1458REPLY to opposition to motion re 56 MOTION for Extension of Time to File Motion for Summary Judgment filed by U.S. DEPARTMENT OF THE TREASURY, U.S. DEPARTMENT OF THE TREASURY OFFICE OF FOREIGN ASSETS CONTROL. (Valdivia, Diana) (Entered: 05/14/2020)
2020-06-0159ORDER granting 56 Motion for Extension of Time to File. Defendant's Motion for Summary Judgment and Vaughn Index shall be filed on or before JUNE 19, 2020; Plaintiff's Opposition and any Cross-Motion shall be filed on or before AUGUST 17, 2020; Defendant's Reply and Opposition to any Cross-Motion shall be filed on or before OCTOBER 19, 2020; and Plaintiff's Reply in support of any Cross-Motion shall be filed on or before NOVEMBER 2, 2020. Signed by Judge Colleen Kollar-Kotelly on June 1, 2020. (lccck1) (Entered: 06/01/2020)
2020-06-01Set/Reset Deadlines: Plaintiffs' Cross Motion due by 8/17/2020. Response to Cross Motion due by 10/19/2020. Reply to Cross Motion due by 11/2/2020. Defendants' Summary Judgment Motion due by 6/19/2020. Response to Motion for Summary Judgment due by 8/17/2020. Reply to Motion for Summary Judgment due by 10/10/2020. Defendants' Vaughn Index due by 6/19/2020. (dot) (Entered: 06/01/2020)
2020-06-1960MOTION for Summary Judgment by U.S. DEPARTMENT OF THE TREASURY, U.S. DEPARTMENT OF THE TREASURY OFFICE OF FOREIGN ASSETS CONTROL (Attachments: # 1 Exhibit 1 (Fields Decl.), # 2 Exhibit A to Fields Decl. (FOIA Request), # 3 Exhibit B to Fields Decl. (Email of 2/16/2016), # 4 Exhibit C to Fields Decl. (Letter of 01/24/2017), # 5 Exhibit D to Fields Decl. (Letter of 03/01/2017), # 6 Exhibit E to Fields Decl. (Vaughn Index), # 7 Exhibit 2 (Stein Decl.), # 8 Exhibit 3 (Yancey Decl.), # 9 Exhibit 4 (Kelleher Decl.), # 10 Exhibit 5 (Campbell Decl.), # 11 Exhibit 6 (Howard Decl.), # 12 Exhibit 7 (Letter of 3/17/2017), # 13 Statement of Facts, # 14 Text of Proposed Order)(Hudak, Brian) (Entered: 06/19/2020)
2020-08-1261MOTION to Substitute Counsel by BACARDI & COMPANY LIMITED, BACARDI U.S.A., INC. (Attachments: # 1 Text of Proposed Order)(Argetsinger, Cameron) (Entered: 08/12/2020)
2020-08-16MINUTE ORDER: The Court has received Plaintiffs' 61 Motion to Substitute Counsel. It is hereby ordered that Mr. Joseph D. Wilson is withdrawn as counsel for Plaintiffs. The Court hereby permits the appearance of Mr. Cameron R. Argetsinger as counsel for Plaintiffs. Signed by Judge Colleen Kollar-Kotelly on August 16, 2020.(lcckk1) (Entered: 08/16/2020)
2020-08-1762Cross MOTION for Summary Judgment by BACARDI & COMPANY LIMITED, BACARDI U.S.A., INC. (Attachments: # 1 Statement of Facts, # 2 Memorandum in Support, # 3 Declaration of Michael C. Lynch, # 4 Exhibit 1: Bacardis objections to Defendants Vaughn Index, # 5 Exhibit 2: Document 65, # 6 Exhibit 3: Document 66, # 7 Exhibit 4: Document 114, # 8 Exhibit 5: Document 115, # 9 Exhibit 6: Document 246, # 10 Exhibit 7: Document 179, # 11 Exhibit 8: Document 131, # 12 Exhibit 9: Document 350, # 13 Exhibit 10: Document 394, # 14 Exhibit 11: Document 558, # 15 Exhibit 12: Document 605, # 16 Exhibit 13: Document 607, # 17 Exhibit 14: Document 609, # 18 Exhibit 15: Document 613, # 19 Exhibit 16: Document 615, # 20 Exhibit 17: Document 616, # 21 Exhibit 18: Document 619, # 22 Exhibit 19: Document 627, # 23 Exhibit 20: Document 628, # 24 Exhibit 21: OFACs July 28, 2006 denial of Cubaexports License Application, # 25 Exhibit 22: OFACs grant of License 837-1 to Cubaexport, # 26 Exhibit 23: USPTOs January 13, 2016 Decision, # 27 Exhibit 24: Email Correspondence, # 28 Exhibit 25: Email Correspondence, # 29 Exhibit 26: Email Correspondence, # 30 Exhibit 27: Bacardis Administrative Appeal, # 31 Exhibit 28: Denial of Bacardis Administrative Appeal, # 32 Exhibit 29: Email Correspondence, # 33 Exhibit 30: Docket, # 34 Exhibit 31: Cover Letter, # 35 Exhibit 32: Cover Letter, # 36 Exhibit 33: Cover Letter, # 37 Text of Proposed Order)(Lynch, Michael) (Entered: 08/17/2020)
2020-08-1763Memorandum in opposition to re 60 MOTION for Summary Judgment filed by BACARDI & COMPANY LIMITED, BACARDI U.S.A., INC. (See Docket Entry 62 to view documents). (znmw) (Entered: 08/19/2020)
2020-08-2464NOTICE OF SUBSTITUTION OF COUNSEL by Joseph F. Carilli, Jr on behalf of All Defendants Substituting for attorney Diana Viggiano Valdivia (Carilli, Joseph) (Entered: 08/24/2020)
2020-10-1965Memorandum in opposition to re 62 Cross MOTION for Summary Judgment filed by U.S. DEPARTMENT OF THE TREASURY, U.S. DEPARTMENT OF THE TREASURY OFFICE OF FOREIGN ASSETS CONTROL. (Attachments: # 1 Statement of Facts)(Carilli, Joseph) (Entered: 10/19/2020)
2020-10-1966REPLY to opposition to motion re 60 MOTION for Summary Judgment filed by U.S. DEPARTMENT OF THE TREASURY, U.S. DEPARTMENT OF THE TREASURY OFFICE OF FOREIGN ASSETS CONTROL. (Carilli, Joseph) (Entered: 10/19/2020)
2020-11-0267REPLY to opposition to motion re 62 Cross MOTION for Summary Judgment filed by BACARDI & COMPANY LIMITED, BACARDI U.S.A., INC.. (Attachments: # 1 Declaration of Michael C. Lynch, # 2 Exhibit 1: Document 214, # 3 Exhibit 2: Document 97, # 4 Exhibit 3: Document 99, # 5 Exhibit 4: Document 102, # 6 Exhibit 5: Document 112)(Lynch, Michael) (Entered: 11/02/2020)
2021-04-2068NOTICE of Change of Address by Michael C. Lynch (Lynch, Michael) (Entered: 04/20/2021)
2021-04-2069NOTICE of Change of Address by Damon W. Suden (Suden, Damon) (Entered: 04/20/2021)
2021-11-1070NOTICE OF SUBSTITUTION OF COUNSEL by Darrell C. Valdez on behalf of U.S. DEPARTMENT OF THE TREASURY, U.S. DEPARTMENT OF THE TREASURY OFFICE OF FOREIGN ASSETS CONTROL Substituting for attorney Joseph F. Carilli, Jr. (Valdez, Darrell) (Entered: 11/10/2021)
2023-05-1071NOTICE OF SUBSTITUTION OF COUNSEL by Kartik Narayan Venguswamy on behalf of All Defendants Substituting for attorney Darrell C. Valdez (Venguswamy, Kartik) (Entered: 05/10/2023)
2023-08-3072MOTION to Substitute Counsel by BACARDI & COMPANY LIMITED, BACARDI U.S.A., INC.. (Attachments: # 1 Text of Proposed Order)(Byroade, Melissa) (Entered: 08/30/2023)
2023-08-30MINUTE ORDER granting 72 Motion to Substitute Counsel. The Clerk of Court is respectfully directed to terminate counsel Cameron Argetsinger as counsel of record upon new counsel's entry of appearance. New counsel Melissa Byroade shall file their notice of appearance forthwith . Signed by Judge Colleen Kollar-Kotelly on August 30, 2023. (lcckk1) (Entered: 08/30/2023)
2023-08-3173NOTICE of Appearance by Melissa E. Byroade on behalf of BACARDI & COMPANY LIMITED, BACARDI U.S.A., INC. (Byroade, Melissa) (Entered: 08/31/2023)
2024-01-2474NOTICE OF SUBSTITUTION OF COUNSEL by Joseph F. Carilli, Jr on behalf of All Defendants Substituting for attorney Kartik Venguswamy (Carilli, Joseph) (Entered: 01/24/2024)
2024-02-26MINUTE ORDER: The Court directs the parties to file a joint status report on or before March 22, 2024 . Therein, the parties shall briefly state their respective positions on the pending 60 and 62 motions for summary judgment. The parties shall also raise any new persuasive or binding case law for the Court's review. Signed by Judge Colleen Kollar-Kotelly on 2/26/2024. (lcckk1) (Entered: 02/26/2024)
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