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Case TitleCITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON v. U.S. DEPARTMENT OF COMMERCE
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2018cv03022
Date Filed2018-12-20
Date ClosedOpen
JudgeJudge Carl J. Nichols
PlaintiffCITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON
Case DescriptionCitizens for Responsibility and Ethics in Washington submitted a FOIA request to the Department of Commerce for records concerning communications between former White House advisor to the Department of Commerce Eric Branstad and former Trump campaign advisor Rick Gates from January 2017 to March 2018. CREW also requested a fee waiver. The agency acknowledged receipt of CREW's request and granted its request for a fee waiver. The agency asked CREW to modify its request, which it did. After hearing nothing further from the agency, CREW filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantU.S. DEPARTMENT OF COMMERCE
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

2018-12-201COMPLAINT against U.S. DEPARTMENT OF COMMERCE ( Filing fee $ 400 receipt number 0090-5851553) filed by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON. (Attachments: # 1 Civil Cover Sheet, # 2 Summons U.S. Department of Commerce, # 3 Summons Attorney General, # 4 Summons U.S. Attorney)(Sus, Nikhel) (Entered: 12/20/2018)
2018-12-202LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON (Sus, Nikhel) (Entered: 12/20/2018)
2018-12-21Case Assigned to Judge James E. Boasberg. (zsb) (Entered: 12/21/2018)
2018-12-213SUMMONS (3) Issued Electronically as to U.S. DEPARTMENT OF COMMERCE, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(zsb) (Entered: 12/21/2018)
2019-01-314RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF COMMERCE served on 1/29/2019, RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 1/28/19., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 1/7/2019. ( Answer due for ALL FEDERAL DEFENDANTS by 2/6/2019.) (Sus, Nikhel) (Entered: 01/31/2019)
2019-02-065NOTICE of Appearance by Marina Utgoff Braswell on behalf of U.S. DEPARTMENT OF COMMERCE (Braswell, Marina) (Entered: 02/06/2019)
2019-02-066Unopposed MOTION for Extension of Time to File Answer re 1 Complaint, by U.S. DEPARTMENT OF COMMERCE (Braswell, Marina) (Entered: 02/06/2019)
2019-02-06MINUTE ORDER: The Court ORDERS that Defendant's Unopposed 6 Motion for Extension of Time to File is GRANTED and that it shall file its Answer or other response to the Complaint by February 27, 2019. So ORDERED by Judge James E. Boasberg on 2/6/2019. (lcjeb3) (Entered: 02/06/2019)
2019-02-06Set/Reset Deadlines: Answer due by 2/27/2019 (lsj) (Entered: 02/06/2019)
2019-02-277ANSWER to Complaint by U.S. DEPARTMENT OF COMMERCE.(Braswell, Marina) (Entered: 02/27/2019)
2019-02-28MINUTE ORDER: The Court ORDERS that the parties shall confer and submit a joint proposed briefing schedule by March 14, 2019. So ORDERED by Judge James E. Boasberg on 2/28/2019. (lcjeb3) (Entered: 02/28/2019)
2019-02-28Set/Reset Deadlines: Joint Proposed Briefing Schedule due by 3/14/2019. (znbn) (Entered: 02/28/2019)
2019-03-148Joint STATUS REPORT by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON. (Sus, Nikhel) (Entered: 03/14/2019)
2019-03-14MINUTE ORDER: The Court ADOPTS the parties' 8 Joint Status Report and ORDERS that they shall file another Joint Status Report on or before April 10, 2019. Signed by Judge James E. Boasberg on 3/14/2019. (lcjeb3) (Entered: 03/14/2019)
2019-03-14Set/Reset Deadlines: Joint Status Report due by 4/10/2019. (znbn) (Entered: 03/15/2019)
2019-04-109Joint STATUS REPORT by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON. (Sus, Nikhel) (Entered: 04/10/2019)
2019-04-11STAYED PURSUANT TO THE MINUTE ORDER FILED ON 5/20/19.....MINUTE ORDER: The Court ADOPTS the parties' 9 Joint Status Report and ORDERS that the following schedule shall govern future proceedings: 1) Defendant shall file its motion for summary judgment by May 23, 2019; 2) Plaintiff shall file its opposition and cross-motion for summary judgment by June 27, 2019; 3) Defendant shall file its reply and opposition to the cross-motion by August 1, 2019; and 4) Plaintiff shall file its reply in support of its cross-motion by August 22, 2019. So ORDERED by Judge James E. Boasberg on 4/11/2019. (lcjeb3) Modified on 5/22/2019 (znbn). (Entered: 04/11/2019)
2019-04-11Set/Reset Deadlines: Summary Judgment motions due by 5/23/2019. Response to Motion for Summary Judgment due by 6/27/2019. Cross Motions due by 6/27/2019. Reply to Motion for Summary Judgment due by 8/1/2019. Response to Cross Motions due by 8/1/2019. Reply to Cross Motions due by 8/22/2019. (znbn) (Entered: 04/12/2019)
2019-05-2010Unopposed MOTION to Stay re Order,, by U.S. DEPARTMENT OF COMMERCE (Braswell, Marina) (Entered: 05/20/2019)
2019-05-20MINUTE ORDER: The Court ORDERS that: 1) Defendant's Unopposed 10 Motion to Stay Briefing Schedule is GRANTED; 2) the Briefing schedule entered on April 11, 2019, is STAYED; and 3) the parties shall file a joint status report on or before June 17, 2019. So ORDERED by Judge James E. Boasberg on 5/20/2019. (lcjeb3) (Entered: 05/20/2019)
2019-05-20Set/Reset Deadlines: Joint Status Report due by 6/17/2019 (lsj) (Entered: 05/20/2019)
2019-06-1711Joint STATUS REPORT by U.S. DEPARTMENT OF COMMERCE. (Braswell, Marina) (Entered: 06/17/2019)
2019-06-18MINUTE ORDER: The Court ADOPTS the parties' 11 Joint Status Report and ORDERS that the following schedule shall govern subsequent proceedings: 1) Defendant shall file its Motion for Summary Judgment on or before July 25, 2019; 2) Plaintiff shall file its Opposition and Cross-Motion for Summary Judgment on or before August 28, 2019; 3) Defendant shall file its Reply in support of its Motion and its Opposition to Plaintiff's Cross-Motion on or before September 27, 2019; and 4) Plaintiff shall file its Reply in support of its Cross-Motion on or before October 18, 2019. So ORDERED by Judge James E. Boasberg on 6/18/2019. (lcjeb3) (Entered: 06/18/2019)
2019-06-18Set/Reset Deadlines: Summary Judgment motions due by 7/25/2019. Response to Motion for Summary Judgment due by 8/28/2019. Cross Motions due by 8/28/2019. Reply to Motion for Summary Judgment due by 9/27/2019. Response to Cross Motions due by 9/27/2019. Reply to Cross Motions due by 10/18/2019. (znbn) (Entered: 06/19/2019)
2019-06-24Case directly reassigned to Judge Carl J. Nichols. Judge James E. Boasberg is no longer assigned to the case. (rj) (Entered: 06/24/2019)
2019-07-2512Unopposed MOTION to Amend/Correct Order,, by U.S. DEPARTMENT OF COMMERCE (Braswell, Marina) (Entered: 07/25/2019)
2019-07-2613Unopposed MOTION to Amend/Correct Order,, Further by U.S. DEPARTMENT OF COMMERCE (Braswell, Marina) (Entered: 07/26/2019)
2019-07-31MINUTE ORDER. Upon consideration of Defendant's 13 Unopposed Motion to Further Amend Briefing Schedule, it is hereby ORDERED that the deadlines (1) for Defendant's Summary Judgment Motion is extended to July 31, 2019; (2) for Plaintiff's Opposition and Cross-Motion is extended to September 4, 2019; (3) for Defendant's Opposition and Reply is extended to October 3, 2019; and (4) for Plaintiff's Reply is extended to October 24, 2019. Signed by Judge Carl J. Nichols on July 31, 2019. (lccjn1) (Entered: 07/31/2019)
2019-07-3114MOTION for Summary Judgment by U.S. DEPARTMENT OF COMMERCE (Attachments: # 1 Lieberman Declaration, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8)(Braswell, Marina) (Entered: 07/31/2019)
2019-08-01Set/Reset Deadlines: Defendant's Summary Judgment Motion due by 7/31/2019. Plaintiff Opposition And Cross-Motion due by 9/4/2019. Defendant Opposition And Reply due by 10/03/2019. Plaintiff Reply due by 10/24/2019. (mac) (Entered: 08/01/2019)
2019-09-0415Cross MOTION for Summary Judgment by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON (Attachments: # 1 Memorandum in Support, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Statement of Facts, # 5 Text of Proposed Order)(Sus, Nikhel) (Entered: 09/04/2019)
2019-09-0416Memorandum in opposition to re 14 MOTION for Summary Judgment filed by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON. (Sus, Nikhel) (Entered: 09/04/2019)
2019-10-0317Memorandum in opposition to re 15 Cross MOTION for Summary Judgment filed by U.S. DEPARTMENT OF COMMERCE. (Attachments: # 1 Exhibit 1, # 2 Supplemental Lieberman Declaration, # 3 Branstad declaration)(Braswell, Marina) (Entered: 10/03/2019)
2019-10-0318REPLY to opposition to motion re 14 MOTION for Summary Judgment filed by U.S. DEPARTMENT OF COMMERCE. (Attachments: # 1 Exhibit 1, # 2 Supplemental Lieberman declaration, # 3 Branstad Declaration)(Braswell, Marina) (Entered: 10/03/2019)
2019-10-2319REPLY to opposition to motion re 15 Cross MOTION for Summary Judgment , 14 MOTION for Summary Judgment filed by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON. (Sus, Nikhel) (Entered: 10/23/2019)
2020-03-02MINUTE ORDER. After review of Defendant's 14 Motion for Summary Judgment and Plaintiff's 15 Cross-Motion for Summary Judgment, it is hereby ORDERED that a hearing on the Motions is scheduled for March 17, 2020, at 10 AM in Courtroom 19. Signed by Judge Carl J. Nichols on March 2, 2020. (lccjn1) (Entered: 03/02/2020)
2020-03-02Set/Reset Deadlines/Hearings: Motion Hearing re 14 and 15 set for 3/17/2020 at 10:00 AM in Courtroom 19 before Judge Carl J. Nichols. (zcdw) (Entered: 03/12/2020)
2020-03-16MINUTE ORDER. It is hereby ORDERED that the hearing scheduled for tomorrow, March 17, 2020, at 10 AM is postponed until further notice from the Court. Signed by Judge Carl J. Nichols on March 16, 2020. (lccjn1) (Entered: 03/16/2020)
2020-05-2820NOTICE OF SUBSTITUTION OF COUNSEL by Michael A. Tilghman on behalf of U.S. DEPARTMENT OF COMMERCE Substituting for attorney Marina Utgoff Braswell (Tilghman, Michael) (Entered: 05/28/2020)
2020-08-1421MEMORANDUM OPINION. Signed by Judge Carl J. Nichols on August 14, 2020. (lccjn1) (Entered: 08/14/2020)
2020-08-1422ORDER. Signed by Judge Carl J. Nichols on August 14, 2020. (lccjn1) (Entered: 08/14/2020)
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by FOIA Project Staff
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