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Case TitlePUBLIC CITIZEN FOUNDATION v. UNITED STATES DEPARTMENT OF LABOR et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2018cv00117
Date Filed2018-01-19
Date ClosedOpen
JudgeJudge Emmet G. Sullivan
PlaintiffPUBLIC CITIZEN FOUNDATION
Case DescriptionPublic Citizen Foundation submitted a FOIA request to the Department of Labor for records concerning the Occupational Safety and Hazard Administration's workplace injury database. Public Citizen submitted a second FOIA request for updated records. The agency acknowledged receipt of both requests. The agency denied both requests under Exemption 7(E) (investigative methods and techniques). Public Citizen filed an administrative appeal of that denial. Public Citizen submitted a third FOIA request for updated records. The agency acknowledged receipt of that request. After hearing nothing further from the agency, Public Citizen Foundation.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantUNITED STATES DEPARTMENT OF LABOR
DefendantOCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION
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

2018-01-191COMPLAINT against ALL DEFENDANTS ( Filing fee $ 400 receipt number 0090-5293649) filed by PUBLIC CITIZEN FOUNDATION. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Summons)(Sherman, Sean) (Entered: 01/19/2018)
2018-01-19Case Assigned to Judge Emmet G. Sullivan. (zmd) (Entered: 01/22/2018)
2018-01-212NOTICE of Appearance by Michael T. Kirkpatrick on behalf of All Plaintiffs (Kirkpatrick, Michael) (Entered: 01/21/2018)
2018-01-223SUMMONS (4) Issued Electronically as to OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION, UNITED STATES DEPARTMENT OF LABOR, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent) (zmd) (Entered: 01/22/2018)
2018-01-234STANDING 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 01/23/18. (Attachment: # 1 Exhibit 1) (mac) (Entered: 01/23/2018)
2018-02-015RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 1/22/2018. Answer due for ALL FEDERAL DEFENDANTS by 2/21/2018. (Sherman, Sean) (Entered: 02/01/2018)
2018-02-016RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 1/29/2018. (Sherman, Sean) (Entered: 02/01/2018)
2018-02-017RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION served on 1/29/2018 (Sherman, Sean) (Entered: 02/01/2018)
2018-02-018RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES DEPARTMENT OF LABOR served on 1/29/2018 (Sherman, Sean) (Entered: 02/01/2018)
2018-02-219NOTICE of Appearance by Jason Todd Cohen on behalf of All Defendants (Cohen, Jason) (Entered: 02/21/2018)
2018-02-2110ANSWER to 1 Complaint by OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION, UNITED STATES DEPARTMENT OF LABOR.(Cohen, Jason) Modified to add link on 2/22/2018 (znmw). (Entered: 02/21/2018)
2018-03-07MINUTE 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 April 13, 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 March 7, 2018. (lcegs2) (Entered: 03/07/2018)
2018-03-07Set/Reset Deadlines: Joint Proposed Scheduling Order due by 4/13/2018. (mac) (Entered: 03/07/2018)
2018-04-1311PROPOSED BRIEFING SCHEDULE (Joint) and Proposed Order by PUBLIC CITIZEN FOUNDATION. (Attachments: # 1 Text of Proposed Order)(Sherman, Sean) (Entered: 04/13/2018)
2018-04-15MINUTE ORDER. In view of the parties' joint status report, the parties are directed to comply with the following schedule: plaintiff shall file its amended complaint by no later than April 17, 2018; defendants' motion for summary judgment and Vaughn index shall be filed by no later than May 25, 2018; plaintiff's combined opposition and cross-motion for summary judgment shall be filed by no later than June 25, 2018; defendants' combined reply and opposition to plaintiff's cross-motion shall be filed by no later than August 1, 2018; and plaintiff's reply in support of its cross-motion shall be filed by no later than August 22, 2018. Signed by Judge Emmet G. Sullivan on April 15, 2018. (lcegs2) (Entered: 04/15/2018)
2018-04-16Set/Reset Deadlines: Amended Complaint due by 4/17/2018. Defendants Motion for Summary Judgment and Vaughn Index due by 5/25/2018. Plaintiff's Combined Opposition And Cross-Motion For Summary Judgment due by 6/25/2018. Defendants' Combined Reply And Opposition To Plaintiff's Cross-Motion due by 8/1/2018. Plaintiff's Reply In Support Of Its Cross-Motion due by 8/22/2018. (mac) (Entered: 04/16/2018)
2018-04-1612AMENDED COMPLAINT against All Defendants filed by PUBLIC CITIZEN FOUNDATION.(Sherman, Sean) (Entered: 04/16/2018)
2018-05-2513Consent MOTION for Extension of Time to File Brief and to Amend Briefing Schedule by UNITED STATES DEPARTMENT OF LABOR (Attachments: # 1 Text of Proposed Order)(Cohen, Jason) (Entered: 05/25/2018)
2018-06-0114MOTION for Summary Judgment by OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION, UNITED STATES DEPARTMENT OF LABOR (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts Not in Dispute, # 3 Exhibit 1 - Declaration of Amanda L. Edens, # 4 Exhibit 2 - Declaration of Thomas Galassi, # 5 Text of Proposed Order)(Cohen, Jason) (Entered: 06/01/2018)
2018-06-11MINUTE ORDER granting 13 defendant's consent motion for extension of the briefing schedule. The parties are directed to comply with the following briefing schedule: (1) plaintiff's combined opposition and cross-motion for summary judgment shall be filed by no later than June 29, 2018; defendant's combined reply and opposition to plaintiff's cross-motion shall be filed by no later than August 10, 2018; and plaintiff's reply in support of its cross-motion shall be filed by no later than August 31, 2018. Signed by Judge Emmet G. Sullivan on June 11, 2018. (lcegs2) (Entered: 06/11/2018)
2018-06-12Set/Reset Deadlines: Plaintiff's Combined Opposition And Cross-Motion For Summary Judgment due by 6/29/2018. Defendant's Combined Reply And Opposition To Plaintiff's Cross-Motion due by 8/10/2018. Plaintiff's Reply In Support Of Its Cross-Motion due by 8/31/2018. (mac) (Entered: 06/12/2018)
2018-06-2915MOTION for Summary Judgment by PUBLIC CITIZEN FOUNDATION (Attachments: # 1 Declaration of David Michaels, PHD, MPM, # 2 Declaration of Eric Frumin, # 3 Declaration of Margaret (Peg) Seminario, MS, # 4 Text of Proposed Order)(Sherman, Sean) (Entered: 06/29/2018)
2018-06-2916Memorandum in opposition to re 14 MOTION for Summary Judgment and in Support of Plaintiff's Motion for Summary Judgment filed by PUBLIC CITIZEN FOUNDATION. (Attachments: # 1 Declaration of David Michaels, PHD, MPM, # 2 Declaration of Eric Frumin, # 3 Declaration of Margaret (Peg) Seminario, MS, # 4 Text of Proposed Order)(Sherman, Sean) (Entered: 06/29/2018)
2018-08-0817Consent MOTION for Extension of Time to File Response/Reply as to 15 MOTION for Summary Judgment , 14 MOTION for Summary Judgment by UNITED STATES DEPARTMENT OF LABOR (Attachments: # 1 Text of Proposed Order)(Cohen, Jason) (Entered: 08/08/2018)
2018-08-10MINUTE ORDER granting 17 defendant's consent motion for extension of time. Defendant shall file its combined reply in support of its motion for summary judgment and opposition to plaintiff's cross-motion for summary judgment by no later than August 17, 2018. Plaintiff shall file its reply in support of its cross-motion by no later than September 7, 2018. Signed by Judge Emmet G. Sullivan on 8/10/2018. (lcegs2) (Entered: 08/10/2018)
2018-08-13Set/Reset Deadlines: Defendant Combined Reply In Support Of Its Motion For Summary Judgment And Opposition To Plaintiff's Cross-Motion For Summary Judgment due by 8/17/2018. Plaintiff Reply In Support Of Its Cross-Motion due by 9/7/2018. (mac) (Entered: 08/13/2018)
2018-08-1718REPLY to opposition to motion re 14 MOTION for Summary Judgment filed by OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION, UNITED STATES DEPARTMENT OF LABOR. (Attachments: # 1 Supplemental Declaration of Thomas Galassi, # 2 Defendant's Reply to Counter-Statement of Material Facts)(Cohen, Jason) (Entered: 08/17/2018)
2018-08-1719Memorandum in opposition to re 15 MOTION for Summary Judgment (Duplicate Filing of ECF No. 18) filed by OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION, UNITED STATES DEPARTMENT OF LABOR. (Attachments: # 1 Supplemental Declaration of Thomas Galassi, # 2 Defendant's Reply to Counter-Statement of Material Facts)(Cohen, Jason) (Entered: 08/17/2018)
2018-09-0520REPLY to opposition to motion re 15 MOTION for Summary Judgment filed by PUBLIC CITIZEN FOUNDATION. (Sherman, Sean) (Entered: 09/05/2018)
2018-10-2221NOTICE OF SUPPLEMENTAL AUTHORITY by PUBLIC CITIZEN FOUNDATION (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Sherman, Sean) (Entered: 10/22/2018)
2018-11-0522RESPONSE re 21 NOTICE OF SUPPLEMENTAL AUTHORITY filed by OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION, UNITED STATES DEPARTMENT OF LABOR. (Attachments: # 1 Supplemental Declaration of Amanda L. Edens)(Cohen, Jason) (Entered: 11/05/2018)
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