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Case TitleALLIED PROGRESS v. CONSUMER FINANCIAL PROTECTION BUREAU
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2019cv00582
Date Filed2019-03-04
Date Closed2021-10-26
JudgeJudge Dabney L. Friedrich
PlaintiffALLIED PROGRESS
Case DescriptionAllied Progress, a consumer watchdog organization, submitted five FOIA requests to the Consumer Financial Protection Bureau for records concerning communications received or sent by Eric Blankenstein, John Czwartacki, or Mick Mulvaney and including a number of keywords. The agency acknowledged receipt of the requests and asked Allied Progress to clarify some of its requests. Allied Progress did so. CFPB disclosed some records, but after hearing nothing further from the agency, Allied Progress filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Attorney's fees

DefendantCONSUMER FINANCIAL PROTECTION BUREAU
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2019-03-041COMPLAINT against CONSUMER FINANCIAL PROTECTION BUREAU ( Filing fee $ 400 receipt number 0090-5977835) filed by ALLIED PROGRESS. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons, # 4 Summons)(France, Elizabeth) Modified on 3/4/2019 (zef, ). (Entered: 03/04/2019)
2019-03-042LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by ALLIED PROGRESS (France, Elizabeth) (Entered: 03/04/2019)
2019-03-04Case Assigned to Judge Dabney L. Friedrich. (zef, ) (Entered: 03/04/2019)
2019-03-043SUMMONS (3) Issued Electronically as to CONSUMER FINANCIAL PROTECTION BUREAU, U.S. Attorney and U.S. Attorney General. (Attachments: # 1 Notice and Consent)(zef, ) (Entered: 03/04/2019)
2019-03-064MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Katherine M. Anthony, :Firm- American Oversight, :Address- 1030 15th St. NW, B255, Washington, DC 20005. Phone No. - (202) 897-3918. Fax No. - (202) 871-6523 Filing fee $ 100, receipt number 0090-5986061. Fee Status: Fee Paid. by ALLIED PROGRESS (Attachments: # 1 Declaration, # 2 Text of Proposed Order)(France, Elizabeth) (Entered: 03/06/2019)
2019-03-07MINUTE ORDER granting the plaintiff's 4 Motion for Leave to Appear Pro Hac Vice. Accordingly, it is ORDERED that Katherine M. Anthony may enter an appearance pro hac vice for the purpose of representing the plaintiff in this action. Signed by Judge Dabney L. Friedrich on March 7, 2019. (lcdlf1) (Entered: 03/07/2019)
2019-03-075NOTICE of Appearance by Katherine Marie Anthony on behalf of ALLIED PROGRESS (Anthony, Katherine) (Entered: 03/07/2019)
2019-03-186RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 3/4/2019. ( Answer due for ALL FEDERAL DEFENDANTS by 4/3/2019.), RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 3/8/2019., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. CONSUMER FINANCIAL PROTECTION BUREAU served on 3/7/2019 (Attachments: # 1 Declaration of Clay M. Goode)(Anthony, Katherine) (Entered: 03/18/2019)
2019-04-037ANSWER to Complaint by CONSUMER FINANCIAL PROTECTION BUREAU.(Clark, Denise) (Entered: 04/03/2019)
2019-04-03MINUTE 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 on or before April 24, 2019. Signed by Judge Dabney L. Friedrich on April 3, 2019. (lcdlf1) (Entered: 04/03/2019)
2019-04-03Set/Reset Deadlines/Hearings: Joint Status Report due by 4/24/2019. (zcdw) (Entered: 04/07/2019)
2019-04-248Joint STATUS REPORT by CONSUMER FINANCIAL PROTECTION BUREAU. (Clark, Denise) (Entered: 04/24/2019)
2019-04-25MINUTE ORDER adopting the proposal in the parties' 8 Joint Status Report. Accordingly, it is ORDERED that the parties shall file another joint status report on or before May 23, 2019. Signed by Judge Dabney L. Friedrich on April 25, 2019. (lcdlf1) (Entered: 04/25/2019)
2019-04-25Set/Reset Deadlines/Hearings: Joint Status Report due by 5/23/2019. (zcdw) (Entered: 04/25/2019)
2019-05-239Joint STATUS REPORT by ALLIED PROGRESS. (Attachments: # 1 Text of Proposed Order (Plaintiff's Proposed Order), # 2 Text of Proposed Order (Defendant's Proposed Order))(Anthony, Katherine) (Entered: 05/23/2019)
2019-05-24MINUTE ORDER. In light of the parties' 9 Joint Status Report, it is ORDERED that the defendant shall process a minimum of 500 pages of records per month. The Court agrees with the defendant that determining a rate based on records, rather than pages, would impose a significant burden and uncertainty on the defendant, who faces a number of competing FOIA obligations and has experienced recent staff shortages. The Court finds that 500 pages per month is a reasonable processing rate under the circumstances. It is further ORDERED that the parties shall file another joint status report on or before June 26, 2019. Signed by Judge Dabney L. Friedrich on May 24, 2019. (lcdlf1) (Entered: 05/24/2019)
2019-06-2610Joint STATUS REPORT by CONSUMER FINANCIAL PROTECTION BUREAU. (Clark, Denise) (Entered: 06/26/2019)
2019-06-27MINUTE ORDER adopting the proposal in the parties' 10 Joint Status Report. Accordingly, it is ORDERED that the parties shall file another joint status report on or before July 25, 2019. Signed by Judge Dabney L. Friedrich on June 27, 2019. (lcdlf1) (Entered: 06/27/2019)
2019-07-2511Joint STATUS REPORT by CONSUMER FINANCIAL PROTECTION BUREAU. (Clark, Denise) (Entered: 07/25/2019)
2019-07-29MINUTE ORDER adopting the proposal in the parties' 11 Joint Status Report. Accordingly, it is ORDERED that the parties shall file another joint status report on or before September 25, 2019. Signed by Judge Dabney L. Friedrich on July 29, 2019. (lcdlf1) (Entered: 07/29/2019)
2019-07-29Set/Reset Deadlines: Joint Status Report due by 9/25/2019. (zcal) (Entered: 07/29/2019)
2019-09-2512Joint STATUS REPORT by CONSUMER FINANCIAL PROTECTION BUREAU. (Clark, Denise) (Entered: 09/25/2019)
2019-09-25MINUTE ORDER adopting the proposal in the parties' 12 Joint Status Report. It is thus ORDERED that the parties shall file another joint status report on or before November 21, 2019. So Ordered by Judge Dabney L. Friedrich on September 25, 2019. (lcdlf1) (Entered: 09/25/2019)
2019-10-2313NOTICE OF WITHDRAWAL OF APPEARANCE as to ALLIED PROGRESS. Attorney Elizabeth France terminated. (Attachments: # 1 Declaration of Katherine M. Anthony)(France, Elizabeth) (Entered: 10/23/2019)
2019-11-2114Joint STATUS REPORT by CONSUMER FINANCIAL PROTECTION BUREAU. (Clark, Denise) (Entered: 11/21/2019)
2019-11-21MINUTE ORDER adopting the proposal in the parties' 14 Joint Status Report. It is thus ORDERED that the parties shall file another joint status report on or before January 22, 2020. So Ordered by Judge Dabney L. Friedrich on November 21, 2019. (lcdlf1) (Entered: 11/21/2019)
2019-11-2615NOTICE OF SUBSTITUTION OF COUNSEL by Michelle D. Jackson on behalf of All Defendants Substituting for attorney Denise M. Clark (Jackson, Michelle) (Entered: 11/26/2019)
2020-01-2116Joint STATUS REPORT by CONSUMER FINANCIAL PROTECTION BUREAU. (Attachments: # 1 Text of Proposed Order)(Jackson, Michelle) (Entered: 01/21/2020)
2020-01-24MINUTE ORDER adopting the proposal in the parties' 16 Joint Status Report. It is thus ORDERED that the parties shall file another joint status report on or before March 25, 2020. So Ordered by Judge Dabney L. Friedrich on January 24, 2020. (lcdlf1) Modified on 3/31/2020 (lcdlf1, ). (Entered: 01/24/2020)
2020-03-2517Joint STATUS REPORT by CONSUMER FINANCIAL PROTECTION BUREAU. (Attachments: # 1 Text of Proposed Order)(Jackson, Michelle) (Entered: 03/25/2020)
2020-03-31MINUTE ORDER adopting the proposal in the parties' 17 Joint Status Report. It is thus ORDERED that the parties shall file another joint status report on or before May 25, 2020. So Ordered by Judge Dabney L. Friedrich on March 31, 2020. (lcdlf1) (Entered: 03/31/2020)
2020-03-31Set/Reset Deadlines: Status Report due by 5/25/2020 (zjch) (Entered: 04/01/2020)
2020-05-1418NOTICE OF SUBSTITUTION OF COUNSEL by Kristin Brudy-Everett on behalf of CONSUMER FINANCIAL PROTECTION BUREAU Substituting for attorney Michelle D. Jackson (Brudy-Everett, Kristin) (Entered: 05/14/2020)
2020-05-2119Joint STATUS REPORT by ALLIED PROGRESS. (Attachments: # 1 Text of Proposed Order)(Anthony, Katherine) (Entered: 05/21/2020)
2020-05-22MINUTE ORDER adopting the proposal in the parties' 19 Joint Status Report. It is thus ORDERED that the parties shall file another joint status report on or before July 28, 2020. So Ordered by Judge Dabney L. Friedrich on May 22, 2020. (lcdlf1) (Entered: 05/22/2020)
2020-07-2820Joint STATUS REPORT by CONSUMER FINANCIAL PROTECTION BUREAU. (Attachments: # 1 Text of Proposed Order)(Brudy-Everett, Kristin) (Entered: 07/28/2020)
2020-07-28MINUTE ORDER. Upon consideration of the parties' 20 Joint Status Report, it is ORDERED that the parties shall file another joint status report on or before September 28, 2020. So Ordered by Judge Dabney L. Friedrich on July 28, 2020. (lcdlf1) (Entered: 07/28/2020)
2020-07-28Set/Reset Deadlines: Status Report due by 9/28/2020 (zjch) (Entered: 07/29/2020)
2020-09-2821Joint STATUS REPORT by ALLIED PROGRESS. (Attachments: # 1 Text of Proposed Order)(Anthony, Katherine) (Entered: 09/28/2020)
2020-09-29MINUTE ORDER. Upon consideration of the parties' 21 Joint Status Report, it is ORDERED that the parties shall file another joint status report on or before December 1, 2020. So Ordered by Judge Dabney L. Friedrich on September 29, 2020. (lcdlf1) (Entered: 09/29/2020)
2020-09-29Set/Reset Deadlines: Status Report due by 12/1/2020 (zjch) (Entered: 09/30/2020)
2020-12-0122Joint STATUS REPORT by CONSUMER FINANCIAL PROTECTION BUREAU. (Attachments: # 1 Text of Proposed Order)(Brudy-Everett, Kristin) (Entered: 12/01/2020)
2020-12-01MINUTE ORDER. Upon consideration of the parties' 22 Joint Status Report, it is ORDERED that the parties shall file another joint status report on or before February 1, 2021. So Ordered by Judge Dabney L. Friedrich on December 1, 2020. (lcdlf1) (Entered: 12/01/2020)
2021-02-0123Joint STATUS REPORT by ALLIED PROGRESS. (Attachments: # 1 Text of Proposed Order)(Anthony, Katherine) (Entered: 02/01/2021)
2021-02-01MINUTE ORDER. Upon consideration of the parties' 23 Joint Status Report, it is ORDERED that the parties shall file another joint status report on or before May 3, 2021. So Ordered by Judge Dabney L. Friedrich on February 1, 2021. (lcdlf1) (Entered: 02/01/2021)
2021-04-2924Joint STATUS REPORT by CONSUMER FINANCIAL PROTECTION BUREAU. (Attachments: # 1 Text of Proposed Order)(Brudy-Everett, Kristin) (Entered: 04/29/2021)
2021-05-04MINUTE ORDER. Upon consideration of the parties' 24 Joint Status Report, it is ORDERED that the parties shall file another joint status report on or before June 29, 2021. So Ordered by Judge Dabney L. Friedrich on May 4, 2021. (lcdlf1) (Entered: 05/04/2021)
2021-06-2925Joint STATUS REPORT by ALLIED PROGRESS. (Attachments: # 1 Text of Proposed Order)(Anthony, Katherine) (Entered: 06/29/2021)
2021-06-29MINUTE ORDER. Upon consideration of the parties' 25 Joint Status Report, it is ORDERED that the parties shall file another joint status report on or before August 25, 2021. So Ordered by Judge Dabney L. Friedrich on June 29, 2021. (lcdlf1) (Entered: 06/29/2021)
2021-07-0526NOTICE OF SUBSTITUTION OF COUNSEL by Sean Michael Tepe on behalf of CONSUMER FINANCIAL PROTECTION BUREAU Substituting for attorney Kristin Brudy-Everett (Tepe, Sean) (Entered: 07/05/2021)
2021-08-2527Joint STATUS REPORT by ALLIED PROGRESS. (Attachments: # 1 Text of Proposed Order)(Anthony, Katherine) (Entered: 08/25/2021)
2021-08-27MINUTE ORDER. Upon consideration of the parties' 27 Joint Status Report, it is ORDERED that the parties shall file another joint status report on or before October 27, 2021. So Ordered by Judge Dabney L. Friedrich on August 27, 2021. (lcdlf1) (Entered: 08/27/2021)
2021-10-2628STIPULATION of Dismissal by ALLIED PROGRESS. (Anthony, Katherine) (Entered: 10/26/2021)
2021-10-26MINUTE ORDER. In light of the plaintiff's 28 Stipulation of Dismissal, the plaintiff's claims against the defendant are DISMISSED without prejudice. See Fed. R. Civ. P. 41(a). The Clerk of Court is directed to close this case. So Ordered by Judge Dabney L. Friedrich on October 26, 2021. (lcdlf1) (Entered: 10/26/2021)
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