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Case TitleWhitaker et al v. Department of Commerce
DistrictDistrict of Vermont
Case Number5:2017cv00192
Date Filed2017-10-06
Date ClosedOpen
JudgeJudge Geoffrey W. Crawford
PlaintiffStephen Whitaker all other similarly situated individuals
PlaintiffDavid Gram all other similarly situated individuals
Case DescriptionStephen Whitaker and David Gram submitted a FOIA request to the Department of Commerce for comments about the use of FirstNet, an independent authority within the National Telecommunications and Information Administration created to construct a nationwide interoperable broadband communications network for first responders. The agency claimed that FirstNet was exempt from the Administrative Procedure Act, which meant it was also exempt from FOIA. The agency did not provide any appeals rights. Whitaker and Gram then filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantDepartment of Commerce
Complaint attachment 1
User-contributed Documents
Docket Events (Hide)
Date FiledDoc #Docket Text

2017-10-061COMPLAINT-Class Action against Department of Commerce filed by Stephen Whitaker, David Gram. Summons issued. (Attachments: # 1 Civil Cover Sheet)(esb) (Entered: 10/06/2017)
2017-10-102MOTION for Leave to Appear pro hac vice filed by All Plaintiffs. (Attachments: # 1 Affidavit of applicant, # 2 Affidavit of good standing, # 3 Proposed Order)(Appel, Robert) (Entered: 10/10/2017)
2017-10-103FIRST AMENDED COMPLAINT-Class Action against Department of Commerce filed by Stephen Whitaker, David Gram. (Attachments: # 1 Red-lined Amended Complaint)(esb) (Entered: 10/10/2017)
2017-10-114ORDER granting 2 MOTION for Leave to Appear Pro Hac Vice of Kelly (Kel) McClanahan. Signed by Judge Geoffrey W. Crawford on 10/11/2017. (This is a text-only Order. (jal) (Entered: 10/11/2017)
2017-10-125NOTICE OF APPEARANCE by Kelly (Kel) McClanahan, Esq on behalf of David Gram, Stephen Whitaker.(McClanahan, Kelly) (Entered: 10/12/2017)
2017-10-166SUMMONS Returned Executed. Department of Commerce served on 10/13/2017, answer due 12/12/2017.(McClanahan, Kelly) (Entered: 10/16/2017)
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by FOIA Project Staff