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Case TitleDEMOCRACY FORWARD FOUNDATION v. UNITED STATES DEPARTMENT OF COMMERCE
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2018cv00246
Date Filed2018-02-02
Date ClosedOpen
JudgeJudge Dabney L. Friedrich
PlaintiffDEMOCRACY FORWARD FOUNDATION
Case DescriptionDemocracy Forward Foundation submitted two FOIA requests to the Department of Commerce for emails sent or received by Secretary Wilbur Ross and records concerning contracts pertaining to the census. The agency acknowledged receipt of the requests. Democracy Forward Foundation queried the agency several times concerning the status of their requests, but after hearing nothing further about the processing of their requests, Democracy Forward Foundation filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Vaughn index, Litigation - Attorney's fees

DefendantUNITED STATES DEPARTMENT OF COMMERCE
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Opinion/Order [36]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2018-02-021COMPLAINT against UNITED STATES DEPARTMENT OF COMMERCE ( Filing fee $ 400 receipt number 0090-5316408), filed by DEMOCRACY FORWARD FOUNDATION. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons, # 4 Summons)(Dubner, Jeffrey) (Entered: 02/02/2018)
2018-02-02Case Assigned to Judge Dabney L. Friedrich. (zmd) (Entered: 02/05/2018)
2018-02-062SUMMONS (3) Issued Electronically as to UNITED STATES DEPARTMENT OF COMMERCE, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent) (zmd) (Entered: 02/06/2018)
2018-02-083LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by DEMOCRACY FORWARD FOUNDATION (Guzman, Javier) (Entered: 02/08/2018)
2018-02-084RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 2/8/2018. ( Answer due for ALL FEDERAL DEFENDANTS by 3/10/2018.), RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 2/8/18., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES DEPARTMENT OF COMMERCE served on 2/7/2018 (Attachments: # 1 Declaration)(Guzman, Javier) (Entered: 02/08/2018)
2018-02-135NOTICE of Appearance by Johnny Hillary Walker, III on behalf of All Defendants (Walker, Johnny) (Entered: 02/13/2018)
2018-03-126ANSWER to 1 Complaint by UNITED STATES DEPARTMENT OF COMMERCE.(Walker, Johnny) Modified to add link on 3/13/2018 (znmw). (Entered: 03/12/2018)
2018-03-13MINUTE ORDER requiring the parties to MEET AND CONFER and file a Joint Status Report proposing a schedule for further proceedings. The parties shall file the Joint Status Report no later than April 13, 2018. Signed by Judge Dabney L. Friedrich on March 13, 2018. (JK) (Entered: 03/13/2018)
2018-04-137Joint STATUS REPORT by UNITED STATES DEPARTMENT OF COMMERCE. (Attachments: # 1 Text of Proposed Order)(Walker, Johnny) (Entered: 04/13/2018)
2018-04-16MINUTE ORDER adopting the parties' proposal in their 7 Joint Status Report. Accordingly, it is ORDERED that the parties shall file a further joint status report on or before May 14, 2018. Signed by Judge Dabney L. Friedrich on April 16, 2018. (JK) (Entered: 04/16/2018)
2018-05-148Joint STATUS REPORT by UNITED STATES DEPARTMENT OF COMMERCE. (Walker, Johnny) (Entered: 05/14/2018)
2018-05-30MINUTE ORDER. Upon consideration of the parties' 8 Joint Status Report, the parties shall submit another joint status report on or before July 5, 2018. Signed by Judge Dabney L. Friedrich on May 30, 2018. (JK) (Entered: 05/30/2018)
2018-07-059MOTION for Extension of Time to File a Joint Status Report by UNITED STATES DEPARTMENT OF COMMERCE (Attachments: # 1 Text of Proposed Order)(Walker, Johnny) (Entered: 07/05/2018)
2018-07-05MINUTE ORDER granting the defendant's 9 Motion for an Extension of Time. The parties' joint status report shall be filed on or before July 11, 2018 and shall include an explanation why the parties failed to confer in a timely fashion regarding the filing of a joint status report on July 5, 2018. Signed by Judge Dabney L. Friedrich on July 5, 2018. (JK) (Entered: 07/05/2018)
2018-07-06Set/Reset Deadlines: Status Report due by 7/11/2018. (jl) (Entered: 07/06/2018)
2018-07-1110Joint STATUS REPORT by UNITED STATES DEPARTMENT OF COMMERCE. (Attachments: # 1 Text of Proposed Order)(Walker, Johnny) (Entered: 07/11/2018)
2018-07-13MINUTE ORDER. Upon consideration of the 10 Joint Status Report, it is ORDERED that the parties shall submit another status report on or before August 15, 2018. Signed by Judge Dabney L. Friedrich on July 13, 2018. (JK) (Entered: 07/13/2018)
2018-08-1511Joint STATUS REPORT by DEMOCRACY FORWARD FOUNDATION. (Dubner, Jeffrey) (Entered: 08/15/2018)
2018-09-10MINUTE ORDER. Upon consideration of the parties' 11 Joint Status Report, it is ORDERED that the parties shall submit another joint status report on or before September 19, 2018. Signed by Judge Dabney L. Friedrich on September 10, 2018. (JK) (Entered: 09/10/2018)
2018-09-1912Joint STATUS REPORT by UNITED STATES DEPARTMENT OF COMMERCE. (Attachments: # 1 Text of Proposed Order)(Walker, Johnny) (Entered: 09/19/2018)
2018-10-03MINUTE ORDER. Upon consideration of the parties' 12 Joint Status Report, it is ORDERED that the parties shall submit another joint status report on or before October 19, 2018. Signed by Judge Dabney L. Friedrich on October 3, 2018. (JK) (Entered: 10/03/2018)
2018-10-1913Joint STATUS REPORT by UNITED STATES DEPARTMENT OF COMMERCE. (Attachments: # 1 Text of Proposed Order)(Walker, Johnny) (Entered: 10/19/2018)
2018-10-19MINUTE ORDER. Upon consideration of the parties' 13 Joint Status Report, it is ORDERED that the parties shall file another status report on or before February 19, 2019. Signed by Judge Dabney L. Friedrich on October 19, 2018. (JK) (Entered: 10/19/2018)
2019-02-1914Joint STATUS REPORT by UNITED STATES DEPARTMENT OF COMMERCE. (Attachments: # 1 Text of Proposed Order)(Walker, Johnny) (Entered: 02/19/2019)
2019-02-19MINUTE ORDER. Upon consideration of the parties' 14 Joint Status Report, it is ORDERED that the parties shall file another joint status report on or before May 20, 2019. Signed by Judge Dabney L. Friedrich on February 19, 2019. (JK) (Entered: 02/19/2019)
2019-02-19Set/Reset Deadlines: Status Report due by 5/20/2019. (JK) (Entered: 02/19/2019)
2019-05-1815Joint STATUS REPORT by UNITED STATES DEPARTMENT OF COMMERCE. (Attachments: # 1 Text of Proposed Order)(Walker, Johnny) (Entered: 05/18/2019)
2019-05-21MINUTE ORDER. Upon consideration of the parties' 15 Joint Status Report, it is ORDERED that the parties shall file another joint status report on or before July 18, 2019. Signed by Judge Dabney L. Friedrich on May 21, 2019. (lcdlf3) (Entered: 05/21/2019)
2019-05-21Set/Reset Deadlines: Joint Status Report due by 7/18/2019. (zcal) (Entered: 05/21/2019)
2019-07-1816Joint STATUS REPORT by DEMOCRACY FORWARD FOUNDATION. (Attachments: # 1 Text of Proposed Order)(Dubner, Jeffrey) (Entered: 07/18/2019)
2019-07-19MINUTE ORDER. Upon consideration of the parties' 16 Joint Status Report, it is ORDERED that the parties shall file another joint status report on or before August 9, 2019. Signed by Judge Dabney L. Friedrich on July 19, 2019. (lcdlf3) (Entered: 07/19/2019)
2019-07-19Set/Reset Deadlines: Joint Status Report due by 8/9/2019. (zcal) (Entered: 07/22/2019)
2019-08-0917Joint STATUS REPORT by UNITED STATES DEPARTMENT OF COMMERCE. (Attachments: # 1 Text of Proposed Order)(Walker, Johnny) (Entered: 08/09/2019)
2019-08-14MINUTE ORDER. Upon consideration of the parties' 17 Joint Status Report, it is ORDERED that the parties shall file another joint status report on or before August 16, 2019. So Ordered by Judge Dabney L. Friedrich on August 14, 2019. (lcdlf3) (Entered: 08/14/2019)
2019-08-1618Joint STATUS REPORT by DEMOCRACY FORWARD FOUNDATION. (Attachments: # 1 Text of Proposed Order)(Dubner, Jeffrey) (Entered: 08/16/2019)
2019-08-16MINUTE ORDER granting the parties' proposed briefing schedule set forth in the parties' 18 Joint Status Report. Accordingly, the defendant shall file a motion for summary judgment on or before September 27, 2019; the plaintiff shall file an opposition to defendant's motion for summary judgment and cross-motion for summary judgment on or before October 11, 2019; the defendant shall file an opposition to plaintiff's cross-motion for summary judgment and reply in support of its own motion for summary judgment on or before October 25, 2019; and the plaintiff shall file a reply in support of its cross-motion for summary judgment on or before November 1, 2019. In addition, on or before August 30, 2019, the defendant shall provide the plaintiff with a copy of its supporting declaration(s). So Ordered by Judge Dabney L. Friedrich on August 16, 2019. (lcdlf3) (Entered: 08/16/2019)
2019-08-16Set/Reset Deadlines: Cross Motions due by 10/11/2019. Response to Cross Motions due by 10/25/2019. Reply to Cross Motions due by 11/1/2019. (zcal) (Entered: 08/19/2019)
2019-08-2919Unopposed MOTION to Vacate Order,,,, Set Deadlines,,, in Part by UNITED STATES DEPARTMENT OF COMMERCE (Attachments: # 1 Text of Proposed Order)(Walker, Johnny) (Entered: 08/29/2019)
2019-08-30MINUTE ORDER granting the 19 Unopposed Motion to Partially Vacate the Court's August 16, 2019 Minute Order. Accordingly, the Court VACATES in part its August 16, 2019 minute order, to the extent that it requires the defendant to provide the plaintiff with a copy of its supporting declaration(s) on or before August 30, 2019. So Ordered by Judge Dabney L. Friedrich on August 30, 2019. (lcdlf3) (Entered: 08/30/2019)
2019-09-2620Unopposed MOTION for Extension of Time to by UNITED STATES DEPARTMENT OF COMMERCE (Attachments: # 1 Text of Proposed Order)(Walker, Johnny) (Entered: 09/26/2019)
2019-10-03MINUTE ORDER granting the defendant's 20 Unopposed Motion for an Extension of Time. Accordingly, the defendant shall file a motion for summary judgment on or before October 11, 2019; the plaintiff shall file an opposition to THE defendant's motion for summary judgment and cross-motion for summary judgment on or before October 25, 2019; the defendant shall file an opposition to plaintiff's cross-motion for summary judgment and reply in support of its own motion on or before November 8, 2019; and the plaintiff shall file a reply in support of its cross-motion for summary judgment on or before November 20, 2019. So Ordered by Judge Dabney L. Friedrich on October 3, 2019. (lcdlf3) (Entered: 10/03/2019)
2019-10-03Set/Reset Deadlines: Cross Motions due by 10/25/2019. Response to Cross Motions due by 11/8/2019. Response to Motion for Summary Judgment due by 11/8/2019. Reply to Cross Motions due by 11/20/2019. (zcal) (Entered: 10/04/2019)
2019-10-1021Unopposed MOTION for Extension of Time to Move for Summary Judgment by UNITED STATES DEPARTMENT OF COMMERCE (Attachments: # 1 Text of Proposed Order)(Walker, Johnny) (Entered: 10/10/2019)
2019-10-10MINUTE ORDER granting the defendant's 21 Unopposed Motion for an Extension of Time. Accordingly, the defendant shall file a motion for summary judgment on or before October 16, 2019; the plaintiff shall file an opposition the defendant's motion for summary judgment and cross-motion for summary judgment on or before October 30, 2019; the defendant shall file an opposition to plaintiff's cross-motion for summary judgment and reply in support of its own motion on or before November 13, 2019; and the plaintiff shall file a reply in support of its cross-motion for summary judgment on or before November 25, 2019. So Ordered by Judge Dabney L. Friedrich on October 10, 2019. (lcdlf3) Modified on 10/11/2019 to insert lc docketing information (zcal). (Entered: 10/10/2019)
2019-10-10Set/Reset Deadlines: Cross Motions due by 10/30/2019. Response to Cross Motions due by 11/13/2019. Reply to Cross Motions due by 11/25/2019. (zcal) (Entered: 10/11/2019)
2019-10-1622Unopposed MOTION for Extension of Time to File Motion for Summary Judgment by UNITED STATES DEPARTMENT OF COMMERCE (Attachments: # 1 Text of Proposed Order)(Walker, Johnny) (Entered: 10/16/2019)
2019-10-17MINUTE ORDER granting the defendant's 22 Unopposed Motion for an Extension of Time. Accordingly, the defendant shall file a motion for summary judgment on or before October 23, 2019; the plaintiff shall file an opposition the defendant's motion for summary judgment and cross-motion for summary judgment on or before November 6, 2019; the defendant shall file an opposition to plaintiff's cross-motion for summary judgment and reply in support of its own motion on or before November 20, 2019; and the plaintiff shall file a reply in support of its cross-motion for summary judgment on or before December 4, 2019. So Ordered by Judge Dabney L. Friedrich on October 17, 2019. (lcdlf3) (Entered: 10/17/2019)
2019-10-2323MOTION for Summary Judgment by UNITED STATES DEPARTMENT OF COMMERCE (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Declaration of Michael Cannon (with exhibits), # 4 Text of Proposed Order)(Walker, Johnny) (Entered: 10/23/2019)
2019-11-0624MOTION for Summary Judgment by DEMOCRACY FORWARD FOUNDATION (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order, # 3 Statement of Facts, # 4 Declaration, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit, # 13 Exhibit, # 14 Exhibit, # 15 Exhibit, # 16 Exhibit, # 17 Exhibit, # 18 Exhibit, # 19 Exhibit, # 20 Exhibit, # 21 Exhibit, # 22 Exhibit, # 23 Exhibit, # 24 Exhibit, # 25 Exhibit, # 26 Exhibit, # 27 Exhibit, # 28 Exhibit)(Dubner, Jeffrey) (Entered: 11/06/2019)
2019-11-0625Memorandum in opposition to 23 MOTION for Summary Judgment filed by DEMOCRACY FORWARD FOUNDATION. (See Docket Entry 24 to view document) (ztth) (Entered: 11/14/2019)
2019-11-1926Unopposed MOTION for Extension of Time to File Response/Reply by UNITED STATES DEPARTMENT OF COMMERCE (Attachments: # 1 Text of Proposed Order)(Walker, Johnny) (Entered: 11/19/2019)
2019-11-19MINUTE ORDER granting the defendant's 26 Unopposed Motion for an Extension of Time. Accordingly, the defendant shall file an opposition to plaintiff's 24 Cross-Motion for Summary Judgment and reply in support of its own 23 Motion for Summary Judgment on or before November 27, 2019, and the plaintiff shall file a reply in support of its 24 Cross-Motion for Summary Judgment on or before December 11, 2019. So Ordered by Judge Dabney L. Friedrich on November 19, 2019. (lcdlf3) (Entered: 11/19/2019)
2019-11-2727Memorandum in opposition to re 24 MOTION for Summary Judgment filed by UNITED STATES DEPARTMENT OF COMMERCE. (Attachments: # 1 Response to Plaintiff's Statement of Material Facts, # 2 Declaration of Michael Bogomolny (with exhibits))(Walker, Johnny) (Entered: 11/27/2019)
2019-11-2728REPLY to opposition to motion re 23 MOTION for Summary Judgment filed by UNITED STATES DEPARTMENT OF COMMERCE. (Attachments: # 1 Response to Plaintiff's Statement of Material Facts, # 2 of Michael Bogomolny (with exhibits))(Walker, Johnny) (Entered: 11/27/2019)
2019-12-0529NOTICE OF WITHDRAWAL OF APPEARANCE as to DEMOCRACY FORWARD FOUNDATION. Attorney Javier M. Guzman terminated. (Guzman, Javier) (Entered: 12/05/2019)
2019-12-0930Consent MOTION for Extension of Time to File Response/Reply by DEMOCRACY FORWARD FOUNDATION (Attachments: # 1 Text of Proposed Order)(Dubner, Jeffrey) (Entered: 12/09/2019)
2019-12-09MINUTE ORDER granting the plaintiff's 30 Consent Motion for an Extension of Time. Accordingly, the plaintiff shall file its reply in support of its 24 Motion for Summary Judgment on or before December 18, 2019. So Ordered by Judge Dabney L. Friedrich on December 9, 2019. (lcdlf3) (Entered: 12/09/2019)
2019-12-1831REPLY to opposition to 24 MOTION for Summary Judgment filed by DEMOCRACY FORWARD FOUNDATION. (Attachments: # 1 Declaration, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit)(Dubner, Jeffrey); Modified docket entry relationship and text on 12/20/2019 (ztth). (Entered: 12/18/2019)
2020-07-08MINUTE ORDER. The parties are directed to confer and inform the Court, on or before July 9, 2020, three times on July 13, 14, 15, or 17 when both parties are available for a telephonic hearing on the pending 23 24 Motions for Summary Judgment. At or before the hearing, the Department of Commerce shall inform the Court of the number of individual emails within the 280 email chains produced that were sent or received (including copied and forwarded) by each of the Secretary's four personal email addresses. So Ordered by Judge Dabney L. Friedrich on July 8, 2020. (lcdlf3) (Entered: 07/08/2020)
2020-07-0932RESPONSE TO ORDER OF THE COURT re Order,, filed by DEMOCRACY FORWARD FOUNDATION. (Dubner, Jeffrey) (Entered: 07/09/2020)
2020-07-09MINUTE ORDER. Upon consideration of the parties' 32 Response to Order of the Court, it is ORDERED that the Court shall hold a telephonic hearing on July 14, 2020 at 12:00 p.m. So Ordered by Judge Dabney L. Friedrich on July 9, 2020. (lcdlf3) (Entered: 07/09/2020)
2020-07-1433RESPONSE TO ORDER OF THE COURT re Order,, filed by UNITED STATES DEPARTMENT OF COMMERCE. (Attachments: # 1 Supplemental Declaration of Michael Bogomolny)(Walker, Johnny) (Entered: 07/14/2020)
2020-07-14Minute Entry for Telephone Conference held on 7/14/2020 before Judge Dabney L. Friedrich. Court to issue Opinion from chambers. Court Reporter Sara Wick. (zjch) (Entered: 07/14/2020)
2020-07-2134TRANSCRIPT OF MOTION HEARING before Judge Dabney L. Friedrich, held on 07/14/2020. Page Numbers: 1-25. Date of Issuance: 07/21/2020. Court Reporter: Sara Wick, Telephone number 202-354-3284. Transcripts may be ordered by submitting the Transcript Order Form For the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter. NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 8/11/2020. Redacted Transcript Deadline set for 8/21/2020. Release of Transcript Restriction set for 10/19/2020.(Wick, Sara) (Entered: 07/21/2020)
2020-07-2235ORDER denying the defendant's 23 Motion for Summary Judgment and granting the plaintiff's 24 Motion for Summary Judgment. See Order for details. Signed by Judge Dabney L. Friedrich on July 22, 2020. (lcdlf3) (Entered: 07/22/2020)
2020-07-2236MEMORANDUM OPINION regarding the defendant's 23 Motion for Summary Judgment and the plaintiff's 24 Motion for Summary Judgment. See text for details. Signed by Judge Dabney L. Friedrich on July 22, 2020. (lcdlf3) (Entered: 07/22/2020)
2020-07-2737Joint MOTION for Extension of Time to File Proposed Schedule by DEMOCRACY FORWARD FOUNDATION (Dubner, Jeffrey) (Entered: 07/27/2020)
2020-07-27MINUTE ORDER granting the parties' 37 Joint Request for Extension of Time. Accordingly, the parties shall file a proposed schedule for further proceedings on or before July 28, 2020. So Ordered by Judge Dabney L. Friedrich on July 27, 2020. (lcdlf3) (Entered: 07/27/2020)
2020-07-2838PROPOSED BRIEFING SCHEDULE AND REQUEST FOR STATUS CONFERENCE (JOINT) by DEMOCRACY FORWARD FOUNDATION. (Dubner, Jeffrey) (Entered: 07/28/2020)
2020-07-28MINUTE ORDER. Upon consideration of the parties' 38 Joint Proposed Schedule, the parties shall submit a joint status report on or before August 27, 2020. At that time, the Court will determine whether a status conference is appropriate. So Ordered by Judge Dabney L. Friedrich on July 28, 2020. (lcdlf3) (Entered: 07/28/2020)
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