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Case TitleLUKAS v. FEDERAL COMMUNICATIONS COMMISSION
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2019cv00465
Date Filed2019-02-25
Date Closed2020-03-05
JudgeJudge Royce C. Lamberth
PlaintiffRUSSELL D. LUKAS
Case DescriptionRussell Lukas, an attorney representing ABS, submitted a FOIA request to the Federal Communications Commission for records concerning an appeal of a decision by Windstream to terminate its dealership agreement with ABS because of conflicts of interest. The agency acknowledged receipt of the request. The agency disclosed 45 pages of the Windstream appeal and withheld seven pages under Exemption 7(E) (investigative methods and techniques) and redacted portions of the disclosed pages under Exemption 7(E) and Exemption 6 (invasion of privacy). Lukas later amended his FOIA request to request only Exhibit E of the Windstream appeal decision. After hearing nothing further from the agency, Lukas filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantFEDERAL COMMUNICATIONS COMMISSION
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Opinion/Order [23]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2019-02-251COMPLAINT against FEDERAL COMMUNICATIONS COMMISSION ( Filing fee $ 400 receipt number 0090-5964938) filed by Russell D. Lukas. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons, # 4 Summons)(Lukas, Russell) (Attachment 1 replaced on 2/26/2019) (zef, ). (Entered: 02/25/2019)
2019-02-26Case Assigned to Judge Royce C. Lamberth. (zef, ) (Entered: 02/26/2019)
2019-02-262SUMMONS (3) Issued Electronically as to FEDERAL COMMUNICATIONS COMMISSION, U.S. Attorney and U.S. Attorney General. (Attachments: # 1 Notice and Consent)(zef, ) (Entered: 02/26/2019)
2019-04-013Unopposed MOTION for Extension of Time to File Answer re 1 Complaint, by FEDERAL COMMUNICATIONS COMMISSION (Attachments: # 1 Text of Proposed Order)(Nebeker, William) (Entered: 04/01/2019)
2019-04-094ORDER granting 3 Motion for Extension of Time to Answer. FEDERAL COMMUNICATIONS COMMISSION answer due 5/6/2019. Signed by Judge Royce C. Lamberth on 04/09/2019. (lcrcl3) (Entered: 04/09/2019)
2019-05-065MOTION to Dismiss And , MOTION for Summary Judgment by FEDERAL COMMUNICATIONS COMMISSION (Attachments: # 1 Exhibit Attachment A, # 2 Exhibit Attachment B, # 3 Exhibit Attachment C, # 4 Exhibit Attachment D, # 5 Exhibit Attachment E, # 6 Exhibit Attachment F, # 7 Exhibit Attachment G, # 8 Exhibit Attachment H, # 9 Exhibit Attachment I, # 10 Declaration Jeffrey Steinberg, # 11 Text of Proposed Order)(Nebeker, William) (Entered: 05/06/2019)
2019-05-086Unopposed MOTION for Extension of Time to File Response/Reply to Motion to Dismiss and for Summary Judgment by RUSSELL D. LUKAS (Lukas, Russell) (Entered: 05/08/2019)
2019-05-157MOTION to Amend/Correct Complaint by RUSSELL D. LUKAS (Attachments: # 1 Proposed Order Granting Leave to Amend Complaint, # 2 Amended Complaint for Injunctive and Declaratory Relief)(Lukas, Russell) (Entered: 05/15/2019)
2019-05-168ORDER granting 6 Motion for Extension of Time to File Response/Reply re 5 MOTION to Dismiss And MOTION for Summary Judgment. Responses due by 6/10/2019; Replies due by 7/10/2019. Signed by Judge Royce C. Lamberth on 05/16/2019. (lcrcl3) (Entered: 05/16/2019)
2019-05-299RESPONSE re 7 MOTION to Amend/Correct Complaint filed by FEDERAL COMMUNICATIONS COMMISSION. (Nebeker, William) (Entered: 05/29/2019)
2019-06-0510ORDER granting 7 Motion to Amend/Correct. Further ORDERED that leave is GRANTED to Plaintiff to file his Amended Complaint. Signed by Judge Royce C. Lamberth on 06/04/2019. (lcrcl3) Modified on 6/6/2019 (lsj). (Entered: 06/05/2019)
2019-06-0512AMENDED COMPLAINT against FEDERAL COMMUNICATIONS COMMISSION filed by RUSSELL D. LUKAS.(ztd) (Entered: 06/12/2019)
2019-06-1011Memorandum in opposition to re 5 MOTION to Dismiss And MOTION for Summary Judgment filed by RUSSELL D. LUKAS. (Attachments: # 1 Proposed Order, # 2 Olaintiff's Declaration as to Material Facts, # 3 Attachments A-j)(Lukas, Russell) (Entered: 06/11/2019)
2019-06-1913MOTION to Dismiss , MOTION for Summary Judgment by FEDERAL COMMUNICATIONS COMMISSION (Attachments: # 1 Declaration Steinberg, # 2 Text of Proposed Order)(Nebeker, William) (Entered: 06/19/2019)
2019-07-0314MOTION for Extension of Time to File Response/Reply to Motion to Dismiss and for Summary Judgment by RUSSELL D. LUKAS (Lukas, Russell) (Entered: 07/03/2019)
2019-07-0315NOTICE OF SUPPLEMENTAL AUTHORITY by FEDERAL COMMUNICATIONS COMMISSION (Nebeker, William) (Entered: 07/03/2019)
2019-07-0816ORDER granting 14 Motion for Extension of Time. Responses due by 7/15/2019; Replies due by 8/21/2019. Signed by Judge Royce C. Lamberth on 07/05/2019. (lcrcl3) (Entered: 07/08/2019)
2019-07-1617Memorandum in opposition to re 13 MOTION to Dismiss MOTION for Summary Judgment filed by RUSSELL D. LUKAS. (Attachments: # 1 Plaintiff's Declaration as to Material Facts, # 2 Proposed Order)(Lukas, Russell) (Entered: 07/16/2019)
2019-08-2118REPLY to opposition to motion re 13 MOTION to Dismiss MOTION for Summary Judgment filed by FEDERAL COMMUNICATIONS COMMISSION. (Nebeker, William) (Entered: 08/21/2019)
2019-11-0719MOTION for Partial Summary Judgment by RUSSELL D. LUKAS (Attachments: # 1 Memorandum of Points and Authorities in Support of Plaintiff's Cross-Motion for Partial Summary Judgment, # 2 Statement of Material Facts as to Which There Is No Genuine Dispute, # 3 Declaration in Support of Plaintiff's Motion for Partial Summary Judgment, # 4 Attachments 1-9 to Declaration in Support of Plaintiff's Cross-Motion for Partial Summary Judgment, # 5 Proposed Order)(Lukas, Russell) (Entered: 11/07/2019)
2020-02-1320MOTION to Stay re 19 MOTION for Partial Summary Judgment Or, In The Alternative , MOTION for Extension of Time to File Response/Reply as to 19 MOTION for Partial Summary Judgment by FEDERAL COMMUNICATIONS COMMISSION (Attachments: # 1 Text of Proposed Order)(Nebeker, William) (Entered: 02/13/2020)
2020-02-2521Memorandum in opposition to re 20 MOTION to Stay re 19 MOTION for Partial Summary Judgment Or, In The Alternative MOTION for Extension of Time to File Response/Reply as to 19 MOTION for Partial Summary Judgment filed by RUSSELL D. LUKAS. (Attachments: # 1 Proposed Order)(Lukas, Russell) (Entered: 02/25/2020)
2020-03-0322REPLY to opposition to motion re 20 MOTION to Stay re 19 MOTION for Partial Summary Judgment Or, In The Alternative MOTION for Extension of Time to File Response/Reply as to 19 MOTION for Partial Summary Judgment filed by FEDERAL COMMUNICATIONS COMMISSION. (Nebeker, William) (Entered: 03/03/2020)
2020-03-0523MEMORANDUM OPINION. Signed by Judge Royce C. Lamberth on 03/05/2020. (lcrcl3) (Entered: 03/05/2020)
2020-03-0524ORDER granting 5 and 13 Defendant's Motions to Dismiss Counts I and II and for Summary Judgment on Count III. 19 Plaintiff's Cross-Motion for Partial Summary Judgment is denied. Judgment is entered for defendant. Signed by Judge Royce C. Lamberth on 03/05/2020. (lcrcl3) (Entered: 03/05/2020)
2020-03-0525ORDER denying as moot 20 Motion to Stay Or In the Alternative for Extension of Time to File. Signed by Judge Royce C. Lamberth on 03/05/2020. (lcrcl3) (Entered: 03/05/2020)
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