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Case Title SHEPHERD v. CONSUMER FINANCIAL PROTECTION BUREAU
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2018cv02004
Date Filed2018-08-27
Date ClosedOpen
JudgeJudge Timothy J. Kelly
PlaintiffTODD SHEPHERD
Case DescriptionTodd Shepherd submitted a FOIA request to the Consumer Financial Protection Bureau for records concerning phone logs for agency employee LeAndra English from November 2017 to March 2018. The agency acknowledged receipt of the request and provided Shepherd six pages with redactions under Exemption 6 (invasion of privacy). Shepherd filed an administrative appeal, which was denied. Shepherd then filed suit.
Complaint issues: Adequacy - Search, Litigation - Vaughn index, Litigation - Attorney's fees

DefendantCONSUMER FINANCIAL PROTECTION BUREAU
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Opinion/Order [21]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2018-08-271COMPLAINT against CONSUMER FINANCIAL PROTECTION BUREAU ( Filing fee $ 400 receipt number 0090-5659687) filed by TODD SHEPHERD. (Attachments: # 1 Summons U.S. Attorney for the District of Columbia, # 2 Summons U.S. Attorney General, # 3 Summons Consumer Financial Protection Bureau)(Peterson, James) (Additional attachment(s) added on 8/28/2018: # 4 Civil Cover Sheet) (zsth). (Entered: 08/27/2018)
2018-08-272ENTERED IN ERROR.....CIVIL COVER SHEET by TODD SHEPHERD re 1 Complaint, filed by TODD SHEPHERD. Related document: 1 Complaint, filed by TODD SHEPHERD.(Peterson, James) (Entered: 08/27/2018)
2018-08-27Case Assigned to Judge Timothy J. Kelly. (zsth) (Entered: 08/28/2018)
2018-08-283SUMMONS (3) Issued Electronically as to CONSUMER FINANCIAL PROTECTION BUREAU, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(zsth) (Entered: 08/28/2018)
2018-08-28NOTICE OF CORRECTED DOCKET ENTRY: Docket Entry 2 Cover Sheet was entered in error and will not be refiled (now attached to 1 Complaint). (znmw) (Entered: 09/07/2018)
2018-09-054RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 9/4/2018. ( Answer due for ALL FEDERAL DEFENDANTS by 10/4/2018.), RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 9/4/2018., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. CONSUMER FINANCIAL PROTECTION BUREAU served on 9/4/2018 (Attachments: # 1 Declaration of Cristina Rotaru)(Peterson, James) (Entered: 09/05/2018)
2018-09-135NOTICE of Appearance by April Denise Seabrook on behalf of All Defendants (Seabrook, April) (Entered: 09/13/2018)
2018-10-046ANSWER to Complaint and Affirmative Defenses by CONSUMER FINANCIAL PROTECTION BUREAU.(Seabrook, April) (Entered: 10/04/2018)
2018-10-04MINUTE ORDER: Before the Court in this FOIA case are a complaint and an answer. It is hereby ORDERED that the parties shall meet, confer, and file a joint proposed schedule for briefing or disclosure by October 18, 2018. Signed by Judge Timothy J. Kelly on 10/4/2018. (lctjk1) (Entered: 10/04/2018)
2018-10-167PROPOSED BRIEFING SCHEDULE by TODD SHEPHERD. (Peterson, James) (Entered: 10/16/2018)
2018-10-17MINUTE ORDER: In light of the parties' 7 Proposed Briefing Schedule, it is hereby ORDERED that the following schedule will govern further proceedings: (1) Defendant shall file its motion for summary judgment by November 19, 2018; (2) Plaintiff shall file his opposition to Defendant's motion and cross-motion by December 19, 2018; (3) Defendant shall file its opposition to Plaintiff's cross-motion and reply in support of its motion by January 22, 2019; and (4) Plaintiff shall file his reply in support of his cross-motion by January 30, 2019. Signed by Judge Timothy J. Kelly on 10/17/2018. (lctjk1) (Entered: 10/17/2018)
2018-11-198Consent MOTION to Amend/Correct Order,,, Set Deadlines,, Briefing Schedule by CONSUMER FINANCIAL PROTECTION BUREAU (Seabrook, April) (Entered: 11/19/2018)
2018-12-039Consent MOTION to Amend/Correct Order,,, Set Deadlines,, 8 Consent MOTION to Amend/Correct Order,,, Set Deadlines,, Briefing Schedule by CONSUMER FINANCIAL PROTECTION BUREAU (Seabrook, April) (Entered: 12/03/2018)
2018-12-04MINUTE ORDER: In light of the Defendant's 8 9 Consent Motions to Amend Briefing Schedule, it is hereby ORDERED that the schedule governing this matter is hereby modified, as follows: (1) Defendant shall file its motion for summary judgment by December 12, 2018; (2) Plaintiff shall file his opposition to Defendant's motion and cross-motion by January 26, 2019; (3) Defendant shall file its opposition to Plaintiff's cross-motion and reply in support of its motion by February 26, 2019; and (4) Plaintiff shall file his reply in support of his cross-motion by March 11, 2019. Signed by Judge Timothy J. Kelly on 12/4/2018. (lctjk1) (Entered: 12/04/2018)
2018-12-1210MOTION for Summary Judgment by CONSUMER FINANCIAL PROTECTION BUREAU (Attachments: # 1 Statement of Facts, # 2 Memorandum in Support, # 3 Declaration of R. Lazier, # 4 Exhibit to Lazier Declaration, # 5 Text of Proposed Order)(Seabrook, April) (Entered: 12/12/2018)
2019-01-2511MOTION for Extension of Time to File and to Reset Briefing Schedule by TODD SHEPHERD (Attachments: # 1 Text of Proposed Order)(Peterson, James) (Entered: 01/25/2019)
2019-01-25MINUTE ORDER treating as opposed and granting in part Plaintiff's 11 Motion for an Extension of Time. It is hereby ORDERED that the schedule governing this matter is hereby modified, as follows: (1) Plaintiff shall file his opposition to Defendant's motion and cross-motion by February 26, 2019; (2) Defendant shall file its opposition to Plaintiff's cross-motion and reply in support of its motion by March 26, 2019; and (3) Plaintiff shall file his reply in support of his cross-motion by April 8, 2019. Signed by Judge Timothy J. Kelly on 1/25/2019. (lctjk1) (Entered: 01/25/2019)
2019-02-0412NOTICE of Appearance by Benton Gregory Peterson on behalf of CONSUMER FINANCIAL PROTECTION BUREAU (Peterson, Benton) (Entered: 02/04/2019)
2019-02-2213Consent MOTION for Extension of Time to File, MOTION to Modify Briefing Schedule by TODD SHEPHERD (Attachments: # 1 Text of Proposed Order)(Peterson, James). Added MOTION to Modify on 2/27/2019 (jf). (Entered: 02/22/2019)
2019-02-2214NOTICE OF SUBSTITUTION OF COUNSEL by Derek S. Hammond on behalf of All Defendants Substituting for attorney Benton G. Peterson (Hammond, Derek) (Entered: 02/22/2019)
2019-02-25MINUTE ORDER: In light of Plaintiff's 13 Consent Motion for Extension of Time, it is hereby ORDERED that the schedule governing this matter is hereby modified, as follows: (1) Plaintiff shall file his opposition to Defendant's 10 Motion for Summary Judgment and cross-motion by March 12, 2019; Defendant shall file its opposition to Plaintiff's cross-motion and reply in support of its motion by April 9, 2019; and Plaintiff shall file his reply in support of his cross-motion by April 22, 2019. Signed by Judge Timothy J. Kelly on 2/25/2019. (lctjk1) (Entered: 02/25/2019)
2019-02-26Set/Reset Deadlines: Plaintiff's Cross Motions due by 3/12/2019. Response to Cross Motions due by 4/19/2009. Reply to Cross Motions due by 4/22/2019. Plaintiff's Response to Motion for Summary Judgment due by 3/12/2019. Reply to Motion for Summary Judgment due by 4/9/2019. (hs) (Entered: 02/26/2019)
2019-03-1215Memorandum in opposition to re 10 MOTION for Summary Judgment filed by TODD SHEPHERD. (Attachments: # 1 Text of Proposed Order)(Peterson, James) (Entered: 03/12/2019)
2019-03-1216Cross MOTION for Summary Judgment by TODD SHEPHERD (Attachments: # 1 Text of Proposed Order)(Peterson, James) (Entered: 03/12/2019)
2019-04-0817Consent MOTION to Amend/Correct 7 Proposed Briefing Schedule by CONSUMER FINANCIAL PROTECTION BUREAU (Seabrook, April) (Entered: 04/08/2019)
2019-04-08MINUTE ORDER granting Defendant's 17 Motion to Amend the Briefing Schedule. It is hereby ORDERED that the schedule governing this matter is hereby modified, as follows: Defendant shall file its Reply in Support of its Motion for Summary Judgment and Opposition to Plaintiff's Cross-Motion by April 23, 2019 and Plaintiff shall file his Reply in support of his Cross-Motion for Summary Judgment by May 7, 2019. It is further ORDERED that Plaintiff's 13 Motion to Modify the Briefing Schedule is hereby DENIED as MOOT. Signed by Judge Timothy J. Kelly on 4/8/2019. (lctjk1) (Entered: 04/08/2019)
2019-04-2318REPLY to opposition to motion re 10 MOTION for Summary Judgment filed by CONSUMER FINANCIAL PROTECTION BUREAU. (Seabrook, April) (Entered: 04/23/2019)
2019-04-2319Memorandum in opposition to re 16 Cross MOTION for Summary Judgment filed by CONSUMER FINANCIAL PROTECTION BUREAU. (Attachments: # 1 Statement of Facts (Responsive))(Seabrook, April) (Entered: 04/23/2019)
2019-05-0720REPLY to opposition to motion re 16 Cross MOTION for Summary Judgment filed by TODD SHEPHERD. (Peterson, James) (Entered: 05/07/2019)
2019-09-1721ORDER denying without prejudice Defendant's 10 Motion for Summary Judgment and Plaintiff's 16 Cross-Motion for Summary Judgment. Joint proposed briefing schedule due by October 16, 2019. Signed by Judge Timothy J. Kelly on 9/17/2019. (lctjk3) (Entered: 09/17/2019)
2019-10-1622PROPOSED BRIEFING SCHEDULE for Renewed Summary Judgment Motions by TODD SHEPHERD. (Peterson, James) (Entered: 10/16/2019)
2019-10-16MINUTE ORDER: In light of the parties' 22 Proposed Briefing Schedule for Renewed Motions for Summary Judgment, it is hereby ORDERED that the following schedule will govern further proceedings: (1) Defendant shall file its motion for summary judgment by November 20, 2019; (2) Plaintiff shall file his opposition to Defendant's motion and cross-motion by December 20, 2019; (3) Defendant shall file its opposition to Plaintiff's cross-motion and reply in support of its motion by January 20, 2020; and (4) Plaintiff shall file his reply in support of his cross-motion by February 13, 2020. Signed by Judge Timothy J. Kelly on 10/16/2019. (lctjk1) (Entered: 10/16/2019)
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