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Case TitleCENTER FOR PUBLIC INTEGRITY v. U.S. DEPARTMENT OF COMMERCE et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2017cv02426
Date Filed2017-11-09
Date ClosedOpen
JudgeJudge Emmet G. Sullivan
PlaintiffCENTER FOR PUBLIC INTEGRITY
Case DescriptionThe Center for Public Integrity submitted a FOIA request to the Department of Commerce for records concerning communications between David Maggi, chief of the ethics law and program division, and Secretary of Commerce Wilbur Ross. The agency acknowledged receipt of the request. The agency disclosed 11 pages and withheld 433 documents. The Center for Public Integrity filed an administrative appeal of the denial. The agency acknowledged receipt of the appeal. The Center for Public Integrity also submitted two FOIA requests to the Office of Government Ethics. The first FOIA request asked for records concerning possible conflicts of interest pertaining to Secretary Ross. The second FOIA request asked for records concerning Todd Ricketts. The Center for Public Integrity requested expedited processing for both requests, which was granted by the Office of Government Ethics. However, after hearing nothing further from either agency, the Center for Public Integrity filed suit.
Complaint issues: Litigation - Attorney's fees, Failure to respond within statutory time limit

DefendantU.S. DEPARTMENT OF COMMERCE
DefendantU.S. OFFICE OF GOVERNMENT ETHICS
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

2017-11-091COMPLAINT against ALL DEFENDANTS ( Filing fee $ 400 receipt number 0090-5199862) filed by CENTER FOR PUBLIC INTEGRITY. (Attachments: # 1 Civil Cover Sheet, # 2 Summons to Dept. of Commerce, # 3 Summons to OGE, # 4 Summons to U.S. Attorney, # 5 Summons to Attorney General)(Smith, Peter) (Entered: 11/09/2017)
2017-11-092LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by CENTER FOR PUBLIC INTEGRITY (Smith, Peter) (Main Document 2 replaced on 11/30/2017) (znmw). (Entered: 11/09/2017)
2017-11-09Case Assigned to Judge Emmet G. Sullivan. (md) (Entered: 11/13/2017)
2017-11-133SUMMONS (4) Issued Electronically as to U.S. DEPARTMENT OF COMMERCE, U.S. OFFICE OF GOVERNMENT ETHICS, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice of Consent) (md) (Entered: 11/13/2017)
2017-11-144STANDING ORDER: The parties are directed to read the attached Standing Order Governing Civil Cases Before Judge Emmet G. Sullivan in its entirety upon receipt. The parties are hereby ORDERED to comply with the directives in the attached Standing Order. Signed by Judge Emmet G. Sullivan on 11/14/17. (Attachment: # Exhibit 1) (mac) (Entered: 11/14/2017)
2017-11-155RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 11/14/2017. Answer due for ALL FEDERAL DEFENDANTS by 12/14/2017. (Smith, Peter) (Entered: 11/15/2017)
2017-11-286RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF COMMERCE served on 11/27/2017; U.S. OFFICE OF GOVERNMENT ETHICS served on 11/17/2017, RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 11/27/2017. (Attachments: # 1 Exhibit USPS Tracking Info - Commerce, # 2 Exhibit USPS Tracking Info - OGE, # 3 Exhibit USPS Tracking Info - Attorney General)(Smith, Peter) (Entered: 11/28/2017)
2017-12-057RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. (Attachments: # 1 Exhibit 1 - USPS Tracking Info - OGE, # 2 Exhibit 2 - Returned Envelope)(Smith, Peter) (Entered: 12/05/2017)
2017-12-148NOTICE of Appearance by Joshua M. Kolsky on behalf of U.S. DEPARTMENT OF COMMERCE, U.S. OFFICE OF GOVERNMENT ETHICS (Kolsky, Joshua) (Entered: 12/14/2017)
2017-12-149ANSWER to 1 Complaint by U.S. DEPARTMENT OF COMMERCE, U.S. OFFICE OF GOVERNMENT ETHICS.(Kolsky, Joshua) Modified to add link on 12/15/2017 (znmw). (Entered: 12/14/2017)
2018-02-12MINUTE ORDER. Plaintiff brings this action pursuant to the Freedom of Information Act (FOIA), 5 U.S.C. § 552. The parties are directed to meet and confer and propose a joint scheduling order for further proceedings in this case by no later than March 12, 2018. The parties' joint proposed scheduling order shall address the following: (1) The status of plaintiff's FOIA request; (2) The anticipated number of documents responsive to plaintiff's FOIA request; (3) The anticipated date(s) for release of documents responsive to plaintiff's FOIA request; (4) Whether a motion for an Open America stay is likely in this case; (5) Whether a Vaughn index will be required in this case; (6) Whether this case would benefit from referral to a magistrate judge or the District Court Mediation Program for purposes of settlement; and (7) A proposed briefing schedule for dispositive motions, if applicable. If the parties are unable to agree on a joint recommendation, the joint proposed scheduling order shall include each party's individual recommendations. Signed by Judge Emmet G. Sullivan on 2/12/2018. (lcegs3) (Entered: 02/12/2018)
2018-02-12Set/Reset Deadlines: Joint Proposed Scheduling due by 3/12/2018. (mac) (Entered: 02/12/2018)
2018-03-1210Joint STATUS REPORT by U.S. DEPARTMENT OF COMMERCE, U.S. OFFICE OF GOVERNMENT ETHICS. (Attachments: # 1 Text of Proposed Order)(Kolsky, Joshua) (Entered: 03/12/2018)
2018-03-14MINUTE ORDER in view of 10 joint status report, the parties are directed to adhere to the following schedule. The defendants shall release any responsive, non-exempt portions of its referred record by April 6, 2018; the defendants shall file a motion for summary judgment by May 11, 2018; the plaintiff shall file an opposition and any cross-motion for summary judgment by June 1, 2018; the defendants shall file a reply and an opposition by June 22, 2018; the plaintiff shall file a reply by July 6, 2018. Signed by Judge Emmet G. Sullivan on 3/14/2018. (lcegs3) (Entered: 03/14/2018)
2018-03-14Set/Reset Deadlines: Defendants Motion For Summary Judgment due by 5/11/2018. Plaintiff Opposition And Any Cross-Motion For Summary Judgment due by 6/1/2018. Defendants Reply and Opposition due by 6/22/2018. Plaintiff Reply due by 7/6/2018. (mac) (Entered: 03/14/2018)
2018-04-2611MOTION for Extension of Time to File Summary Judgment Motion by U.S. DEPARTMENT OF COMMERCE, U.S. OFFICE OF GOVERNMENT ETHICS (Attachments: # 1 Text of Proposed Order)(Kolsky, Joshua) (Entered: 04/26/2018)
2018-05-0112Memorandum in opposition to re 11 MOTION for Extension of Time to File Summary Judgment Motion filed by CENTER FOR PUBLIC INTEGRITY. (Smith, Peter) (Entered: 05/01/2018)
2018-05-01MINUTE ORDER notwithstanding 12 plaintiff's opposition, the Court hereby grants 11 defendants' motion for extension of time to file its summary judgment motion for good cause shown. The defendants shall therefore file their summary judgment motion by no later than June 15, 2018. Plaintiff's opposition and any cross-motion for summary judgment shall be filed by July 16, 2018. The defendants shall file a reply and opposition by August 6, 2018 and plaintiff shall file a reply by August 27, 2018. Signed by Judge Emmet G. Sullivan on 5/1/2018. (lcegs3) (Entered: 05/01/2018)
2018-05-02Set/Reset Deadlines: Defendant Summary Judgment Motion due by 6/15/2018. Plaintiff Opposition And Any Cross-Motion For Summary Judgment due by 7/16/2018. Defendant Reply And Opposition due by 8/6/2018. Plaintiff Replies due by 8/27/2018. (mac) (Entered: 05/02/2018)
2018-06-1513MOTION for Summary Judgment by U.S. DEPARTMENT OF COMMERCE, U.S. OFFICE OF GOVERNMENT ETHICS (Attachments: # 1 Text of Proposed Order, # 2 Declaration (Maggi), # 3 Exhibit 1 to Maggi Decl., # 4 Exhibit 2 to Maggi Decl., # 5 Declaration (Dowell), # 6 Exhibit 1 to Dowell Decl.)(Kolsky, Joshua) (Entered: 06/15/2018)
2018-07-13MINUTE ORDER denying without prejudice 13 defendants' motion for summary judgment for failure to comply with paragraph 13 of 4 the Court's standing order governing civil cases. The plaintiff's deadline to respond to the defendants' motion is hereby VACATED. The parties are directed to submit a proposed schedule for rebriefing summary judgment by no later than August 1, 2018.Signed by Judge Emmet G. Sullivan on 7/13/2018. (lcegs3) (Entered: 07/13/2018)
2018-07-13Set/Reset Deadlines: Proposed Schedule For Rebriefing Summary Judgment due by 8/1/2018. (mac) (Entered: 07/13/2018)
2018-08-0114PROPOSED BRIEFING SCHEDULE (Joint) by U.S. DEPARTMENT OF COMMERCE, U.S. OFFICE OF GOVERNMENT ETHICS. (Attachments: # 1 Text of Proposed Order)(Kolsky, Joshua) (Entered: 08/01/2018)
2018-08-03MINUTE ORDER in view of 14 joint proposed schedule, the parties are ordered to adhere to the following schedule: defendants shall file a renewed motion for summary judgment by September 3, 2018; plaintiff shall file an opposition and cross motion for summary judgment by September 17, 2018; defendants shall file a reply and opposition by October 8, 2018; and plaintiff shall file a reply by October 22, 2018. Signed by Judge Emmet G. Sullivan on 8/3/2018. (lcegs3) (Entered: 08/03/2018)
2018-08-03Set/Reset Deadlines: Defendants Renewed Motion For Summary Judgment due by 9/3/2018. Plaintiff Opposition And Cross Motion For Summary Judgment due by 9/17/2018. Defendants Reply And Opposition due by 10/08/2018. Plaintiff Reply due by 10/22/2018. (mac) (Entered: 08/03/2018)
2018-09-0315Renewed MOTION for Summary Judgment by U.S. DEPARTMENT OF COMMERCE, U.S. OFFICE OF GOVERNMENT ETHICS (Attachments: # 1 Text of Proposed Order, # 2 Declaration (Maggi), # 3 Exhibit 1, # 4 Exhibit 2, # 5 Declaration (Dowell), # 6 Exhibit 1, # 7 Statement of Facts)(Kolsky, Joshua) (Entered: 09/03/2018)
2018-09-1716Cross MOTION for Summary Judgment by CENTER FOR PUBLIC INTEGRITY (Attachments: # 1 Statement of Facts, # 2 Text of Proposed Order)(Smith, Peter) (Entered: 09/17/2018)
2018-09-1717Memorandum in opposition to re 15 Amended MOTION for Summary Judgment filed by CENTER FOR PUBLIC INTEGRITY. (Smith, Peter) (Entered: 09/17/2018)
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