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Case TitleCAUSE OF ACTION INSTITUTE v. UNITED STATES DEPARTMENT OF COMMERCE
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2018cv02397
Date Filed2018-10-18
Date Closed2019-10-18
JudgeJudge James E. Boasberg
PlaintiffCAUSE OF ACTION INSTITUTE
Case DescriptionCause of Action Institute submitted three FOIA requests to the Department of Commerce. The first FOIA request asked for work calendars for Secretary Wilbur Ross and other senior officials. The second FOIA request asked for identifying information for employees or entities involved in reviewing requests for product exclusion from the steel and aluminum tariffs. The third request asked for communications, emails or text messages from 11 identified DOC officials containing a list of keywords. For all three requests, COA asked for a fee waiver. The agency acknowledged receipt of the requests. The agency granted COA's fee waiver request for the first two FOIA requests but did not make a decision as to the third FOIA request. DOC asked COA for clarification as to the scope of the third FOIA request, and COA agreed to a list of search terms proposed by the agency. After hearing nothing further from the agency as to any of the three requests, COA filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantDEPARTMENT OF COMMERCE
DefendantUNITED STATES DEPARTMENT OF COMMERCE
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
Complaint attachment 7
Complaint attachment 8
Complaint attachment 9
Complaint attachment 10
Complaint attachment 11
Complaint attachment 12
Complaint attachment 13
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2018-10-181COMPLAINT against UNITED STATES DEPARTMENT OF COMMERCE ( Filing fee $ 400 receipt number 0090-5745429) filed by Cause of Action Institute. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Civil Cover Sheet, # 11 Summons, # 12 Summons, # 13 Summons)(Valvo, Russel) (Entered: 10/18/2018)
2018-10-182LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by Cause of Action Institute (Valvo, Russel) (Main Document 2 replaced on 10/23/2018) (jf). (Entered: 10/18/2018)
2018-10-183NOTICE of Appearance by Lee A. Steven on behalf of Cause of Action Institute (Steven, Lee) (Entered: 10/18/2018)
2018-10-18Case Assigned to Judge James E. Boasberg. (zmd) (Entered: 10/23/2018)
2018-10-234SUMMONS (3) Issued Electronically as to UNITED STATES DEPARTMENT OF COMMERCE, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(jf) (Entered: 10/23/2018)
2018-10-235RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 10/23/2018. Answer due for ALL FEDERAL DEFENDANTS by 11/22/2018. (Valvo, Russel) (Entered: 10/23/2018)
2018-10-236RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 10/23/2018. (Valvo, Russel) (Entered: 10/23/2018)
2018-10-237RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES DEPARTMENT OF COMMERCE served on 10/23/2018 (Valvo, Russel) (Entered: 10/23/2018)
2018-11-218ANSWER to Complaint by UNITED STATES DEPARTMENT OF COMMERCE. (Attachments: # 1 Exhibit Record of Fee Waiver)(Berman, Keri) (Entered: 11/21/2018)
2018-11-26MINUTE ORDER: The parties shall meet, confer, and submit a joint proposed briefing schedule by December 10, 2018. So ORDERED by Judge James E. Boasberg on 11/26/2018. (lcjeb2) (Entered: 11/26/2018)
2018-11-26Set/Reset Deadlines: Joint Proposed Briefing Schedule due by 12/10/2018. (znbn) (Entered: 11/26/2018)
2018-12-109Joint STATUS REPORT by UNITED STATES DEPARTMENT OF COMMERCE. (Berman, Keri) (Entered: 12/10/2018)
2018-12-10MINUTE ORDER: The Court ADOPTS the parties' 9 Joint Status Report and ORDERS that they shall submit a further joint status report by January 10, 2019. So ORDERED by Judge James E. Boasberg on 12/10/2018. (lcjeb2) (Entered: 12/10/2018)
2018-12-10Set/Reset Deadlines: Joint Status Report due by 1/10/2019. (znbn) (Entered: 12/10/2018)
2019-01-0710Unopposed MOTION to Stay Current Deadlines by UNITED STATES DEPARTMENT OF COMMERCE (Berman, Keri) (Entered: 01/07/2019)
2019-01-08MINUTE ORDER GRANTING Defendant's 10 Motion to Stay. So ORDERED by Judge James E. Boasberg on 1/8/2019. (lcjeb2) (Entered: 01/08/2019)
2019-01-2911NOTICE Restoration of Appropriations by UNITED STATES DEPARTMENT OF COMMERCE (Berman, Keri) (Entered: 01/29/2019)
2019-01-29MINUTE ORDER ADOPTING 11 Notice of Restoration of Appropriations. The Court ORDERS that the parties shall submit a proposed Joint Status Report schedule by February 1, 2019. So ORDERED by Judge James E. Boasberg on 1/29/2019. (lcjeb1) (Entered: 01/29/2019)
2019-01-29Set/Reset Deadlines: Joint Status Report due by 2/1/2019. (znbn) (Entered: 01/30/2019)
2019-02-0112Joint STATUS REPORT by UNITED STATES DEPARTMENT OF COMMERCE. (Berman, Keri) (Entered: 02/01/2019)
2019-02-04MINUTE ORDER: The Court ADOPTS the parties' 12 Joint Status Report and ORDERS that they shall file a further Joint Status Report by February 21, 2019. So ORDERED by Judge James E. Boasberg on 2/4/2019. (lcjeb2) (Entered: 02/04/2019)
2019-02-04Set/Reset Deadlines: Joint Status Report due by 2/21/2019. (znbn) (Entered: 02/04/2019)
2019-02-2113Joint STATUS REPORT by UNITED STATES DEPARTMENT OF COMMERCE. (Berman, Keri) (Entered: 02/21/2019)
2019-02-21Set/Reset Deadlines: Joint Status Report due by 6/7/2019. (znbn) (Entered: 02/22/2019)
2019-02-22MINUTE ORDER: The Court ADOPTS the parties' 13 Joint Status Report and ORDERS that they shall file a further Joint Status Report by June 7, 2019. So ORDERED by Judge James E. Boasberg on 2/22/2019. (lcjeb2) (Entered: 02/22/2019)
2019-04-1514NOTICE OF SUBSTITUTION OF COUNSEL by Robert Mark Norway on behalf of UNITED STATES DEPARTMENT OF COMMERCE Substituting for attorney Keri L. Berman (Norway, Robert) (Entered: 04/15/2019)
2019-05-3115Unopposed MOTION for Extension of Time to Complete Final Production by UNITED STATES DEPARTMENT OF COMMERCE (Norway, Robert) (Entered: 05/31/2019)
2019-05-31MINUTE ORDER GRANTING Defendant's 15 Motion for Extension of Time. The Court ORDERS that Defendant shall complete its final production by June 3, 2019. So ORDERED by Judge James E. Boasberg on 5/31/2019. (lcjeb2) (Entered: 05/31/2019)
2019-05-31Set/Reset Deadlines: Defendant shall complete its final production by 6/3/2019. (znbn) (Entered: 05/31/2019)
2019-06-0716Joint STATUS REPORT by UNITED STATES DEPARTMENT OF COMMERCE. (Norway, Robert) (Entered: 06/07/2019)
2019-06-0717Unopposed MOTION for Extension of Time to Extend the Final Production Deadline Nunc Pro Tunc by UNITED STATES DEPARTMENT OF COMMERCE (Attachments: # 1 Bogomolny Declaration, # 2 Proposed Order)(Norway, Robert) (Entered: 06/07/2019)
2019-06-07MINUTE ORDER: The Court ORDERS that: 1) Defendant's 17 Motion for Extension of Time is GRANTED; 2) Defendant shall make an interim production on June 13, 2019, and a final production on June 28, 2019; and 3) Per the parties' 16 Joint Status Report, they shall submit a further joint status report by July 9, 2019. So ORDERED by Judge James E. Boasberg on 6/7/2019. (lcjeb2) (Entered: 06/07/2019)
2019-06-07Set/Reset Deadlines: Defendant shall make an interim production on 6/13/2019, and a final production on by 6/28/2019. Status Report due by 7/9/2019. (znbn) (Entered: 06/10/2019)
2019-07-0918Joint STATUS REPORT by UNITED STATES DEPARTMENT OF COMMERCE. (Norway, Robert) (Entered: 07/09/2019)
2019-07-09MINUTE ORDER: Per the parties' 18 Joint Status Report, the Court ORDERS that they shall file a further joint status report by July 30, 2019. So ORDERED by Judge James E. Boasberg on 7/9/2019. (lcjeb2) (Entered: 07/09/2019)
2019-07-09Set/Reset Deadlines: Joint Status Report due by 7/30/2019. (znbn) (Entered: 07/10/2019)
2019-07-2919Joint STATUS REPORT by UNITED STATES DEPARTMENT OF COMMERCE. (Norway, Robert) (Entered: 07/29/2019)
2019-07-29MINUTE ORDER: The Court ADOPTS the parties' 19 Joint Status Report and ORDERS that they shall file a further joint status report by August 9, 2019. So ORDERED by Judge James E. Boasberg on 07/29/2019. (lcjeb3) (Entered: 07/29/2019)
2019-07-29Set/Reset Deadlines: Joint Status Report due by 8/9/2019. (znbn) (Entered: 07/29/2019)
2019-08-0920Joint STATUS REPORT by UNITED STATES DEPARTMENT OF COMMERCE. (Norway, Robert) (Entered: 08/09/2019)
2019-08-12MINUTE ORDER: The Court ADOPTS the parties' 20 Joint Status Report and ORDERS that: 1) Defendant shall file its motion for summary judgment by September 18, 2019; 2) Plaintiff shall file its cross-motion for summary judgment and opposition to Defendant's motion by October 16, 2019; 3) Defendant shall file its reply in support of its motion and opposition to Plaintiff's cross-motion by November 13, 2019; and 4) Plaintiff shall file its reply in support of its cross-motion by November 27, 2019. So ORDERED by Judge James E. Boasberg on 8/12/2019. (lcjeb3) (Entered: 08/12/2019)
2019-08-12Set/Reset Deadlines: Summary Judgment motion due by 9/18/2019; Cross-Motion and Opposition to Motion for Summary Judgment due by 10/16/2019; Opposition to Cross-Motion and Reply to Opposition to Motion for Summary Judgment due by 11/13/2019; Reply to Opposition to Cross-Motion due by 11/27/2019. (tg) (Entered: 08/12/2019)
2019-09-1321Consent MOTION for Extension of Time to Exend the Briefing Deadlines by UNITED STATES DEPARTMENT OF COMMERCE (Norway, Robert) (Entered: 09/13/2019)
2019-09-1322Amended MOTION for Extension of Time to Exend the Briefing Deadlines (Corrected) by UNITED STATES DEPARTMENT OF COMMERCE (Norway, Robert) Modified event title on 9/16/2019 (znmw). (Entered: 09/13/2019)
2019-09-16MINUTE ORDER GRANTING Consent 22 Motion for Extension of Time. The Court ORDERS that: (1) Defendant shall file its motion for summary judgment by September 25, 2019; (2) Plaintiff shall file its combined response to Defendant's motion for summary judgment and cross-motion for summary judgment by October 23, 2019; (3) Defendant shall file its combined reply in support of summary judgment and response to Plaintiff's cross-motion for summary judgment by November 20, 2019; and (4) Plaintiff shall file its reply in support of its cross-motion for summary judgment by December 6, 2019. So ORDERED by Judge James E. Boasberg on 09/16/2019. (lcjeb2) (Entered: 09/16/2019)
2019-09-16MINUTE ORDER: The Court ORDERS that Consent 21 Motion for Extension of Time is DENIED AS MOOT. So ORDERED by Judge James E. Boasberg on 09/16/2019. (lcjeb2) (Entered: 09/16/2019)
2019-09-16Set/Reset Deadlines: Summary Judgment motions due by 9/25/2019. Response to Motion for Summary Judgment due by 10/23/2019. Cross Motions due by 10/23/2019. Reply to Motion for Summary Judgment due by 11/20/2019. Response to Response to Cross Motions due by 11/20/2019. Reply to Cross Motions due by 12/6/2019. (znbn) (Entered: 09/18/2019)
2019-09-2323Second MOTION for Extension of Time to Exend the Briefing Deadlines (Unopposed) by UNITED STATES DEPARTMENT OF COMMERCE (Norway, Robert) (Entered: 09/23/2019)
2019-09-24MINUTE ORDER GRANTING Defendant's 23 Motion for Extension of Time. The Court ORDERS that: (1) Defendant shall file its summary judgment by October 4, 2019; (2) Plaintiff shall file its combined response and cross-motion by November 1, 2019; (3) Defendant shall file its combined reply and response by December 4, 2019; and (4) Plaintiff shall file its reply by December 18, 2019. So ORDERED by Judge James E. Boasberg on 09/24/2019. (lcjeb2) (Entered: 09/24/2019)
2019-09-24Set/Reset Deadlines: Summary Judgment motions due by 10/4/2019. Response to Motion for Summary Judgment due by 11/1/2019. Cross Motions due by 11/1/2019. Reply to Motion for Summary Judgment due by 12/4/2019. Response to Cross Motions due by 12/4/2019. Reply to Cross Motions due by 12/18/2019. (nbn) (Entered: 09/27/2019)
2019-10-0424MOTION for Summary Judgment by UNITED STATES DEPARTMENT OF COMMERCE (Attachments: # 1 Declaration and Exhibits of Michael Bogomolny, # 2 Text of Proposed Order)(jf) (Entered: 10/07/2019)
2019-10-1725STIPULATION of Dismissal Joint by CAUSE OF ACTION INSTITUTE. (Steven, Lee) (Entered: 10/17/2019)
2019-10-18MINUTE ORDER: Per the parties' 25 Stipulation, the Court ORDERS that the case is DISMISSED WITH PREJUDICE. So ORDERED by Judge James E. Boasberg on 10/18/2019. (lcjeb2) (Entered: 10/18/2019)
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