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Case TitleCAUSE OF ACTION INSTITUTE v. UNITED STATES DEPARTMENT OF COMMERCE
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2019cv00778
Date Filed2019-03-20
Date ClosedOpen
JudgeJudge Carl J. Nichols
PlaintiffCAUSE OF ACTION INSTITUTE
Case DescriptionCause of Action Institute submitted two FOIA requests to the Department of Commerce for records concerning the Secretary's final report regarding Section 232 National Security Investigation of Imports of Automobiles. CoA also requested a fee waiver. The agency acknowledged receipt of the second FOIA request, but not the first request. After hearing nothing further from the agency, CoA filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

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
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2019-03-201COMPLAINT against Dep't of Commerce against Cause of Action Institute ( Filing fee $ 400 receipt number 0090-6012230) filed by Cause of Action Institute. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Civil Cover Sheet, # 5 Summons, # 6 Summons, # 7 Summons)(Valvo, Russel) (Attachment 4 replaced on 3/21/2019) (zef, ). (Entered: 03/20/2019)
2019-03-202LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by Cause of Action Institute (Valvo, Russel) (Entered: 03/20/2019)
2019-03-203NOTICE of Appearance by Lee A. Steven on behalf of Cause of Action Institute (Steven, Lee) (Entered: 03/20/2019)
2019-03-21Case Assigned to Judge Randolph D. Moss. (zef, ) (Entered: 03/21/2019)
2019-03-214SUMMONS (3) Issued Electronically as to UNITED STATES DEPARTMENT OF COMMERCE, U.S. Attorney and U.S. Attorney General. (Attachments: # 1 Notice and Consent)(zef, ) (Entered: 03/21/2019)
2019-03-225RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 3/21/2019. (Valvo, Russel) (Entered: 03/22/2019)
2019-03-226RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 3/21/2019. Answer due for ALL FEDERAL DEFENDANTS by 4/20/2019. (Valvo, Russel) (Entered: 03/22/2019)
2019-03-227RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES DEPARTMENT OF COMMERCE served on 3/21/2019 (Valvo, Russel) (Entered: 03/22/2019)
2019-03-228STANDING ORDER: The parties are hereby ORDERED to comply with the directives set forth in the attached Standing Order. See document for details. Signed by Judge Randolph D. Moss on 3/22/2019. (lcrdm3, ) (Entered: 03/22/2019)
2019-04-229ANSWER to Complaint by UNITED STATES DEPARTMENT OF COMMERCE.(Hendry, Melanie) (Entered: 04/22/2019)
2019-04-22MINUTE ORDER: The parties are hereby ORDERED to appear for an Initial Scheduling Conference on June 3, 2019, at 10:00 a.m. in Courtroom 21. It is further ORDERED that the parties shall confer in advance of the Initial Scheduling Conference on (1) whether any records can be released, and (2) the proper next steps in this litigation. Signed by Judge Randolph D. Moss on 4/22/2019. (lcrdm3, ) (Entered: 04/22/2019)
2019-04-23Set/Reset Hearings: Initial Scheduling Conference set for 6/3/2019, at 10:00 AM, in Courtroom 21, before Judge Randolph D. Moss. (kt) (Entered: 04/23/2019)
2019-05-2310Consent MOTION to Continue Initial Scheduling Conference by UNITED STATES DEPARTMENT OF COMMERCE (Hendry, Melanie) (Entered: 05/23/2019)
2019-05-24MINUTE ORDER: Upon consideration of Defendant's consent motion to continue initial scheduling conference 10 , it is hereby ORDERED that the motion is GRANTED. The status conference set for June 3, 2019 is hereby VACATED and RESCHEDULED for June 17, 2019 at 11:00 a.m. in Courtroom 21. Signed by Judge Randolph D. Moss on 5/24/2019. (lcrdm3, ) (Entered: 05/24/2019)
2019-05-24Set/Reset Hearings: The Initial Scheduling Conference set for 6/3/2019 is VACATED and RESCHEDULED for 6/17/2019, at 11:00 AM, in Courtroom 21, before Judge Randolph D. Moss. (kt) (Entered: 05/24/2019)
2019-06-17Minute Entry for proceedings held before Judge Randolph D. Moss: Initial Scheduling Conference held on 6/17/2019. Defendant's Motion for Summary Judgment due by 7/22/2019; Plaintiff's Opposition and Cross Motion for Summary Judgment due by 8/5/2019; Reply to Summary Judgment and Response to Cross Motion due by 8/19/2019; Reply to Cross Motion due by 8/26/2019. (Court Reporter: Janice Dickman.) (kt) (Entered: 06/17/2019)
2019-06-2411NOTICE of Appearance by Ryan Patrick Mulvey on behalf of CAUSE OF ACTION INSTITUTE (Mulvey, Ryan) (Entered: 06/24/2019)
2019-06-24Case directly reassigned to Judge Carl J. Nichols. Judge Randolph D. Moss is no longer assigned to the case. (rj) (Entered: 06/24/2019)
2019-07-1912MOTION for Extension of Time to File Summary Judgment Motion by UNITED STATES DEPARTMENT OF COMMERCE (Hendry, Melanie) (Entered: 07/19/2019)
2019-07-1913Memorandum in opposition to re 12 MOTION for Extension of Time to File Summary Judgment Motion filed by CAUSE OF ACTION INSTITUTE. (Valvo, Russel) (Entered: 07/19/2019)
2019-07-24MINUTE ORDER. The Court has received Defendant's 12 Motion for an Extension of Time. The Court notes that Defendant's Motion fails to comply with paragraph 12 of the Standing Order 8 entered on March 22, 2019. It is nevertheless ORDERED that the Motion is GRANTED and that the deadlines (1) for Defendant's Summary Judgement Motion is extended to July 22, 2019; (2) for Plaintiff's Opposition and Cross-Motion is extended to August 5, 2019; (3) for Defendant's Opposition and Reply is extended to August 19, 2019; and (4) for Plaintiff's Reply is extended to August 26, 2019. The Court notes that future motions seeking to extend the briefing schedule will be disfavored. Signed by Judge Carl J. Nichols on July 24, 2019. (lccjn1) (Entered: 07/24/2019)
2019-07-24Set/Reset Deadlines/Hearings: Defendant's Summary Judgment motion due by 7/22/2019. Response to Motion for Summary Judgment due by 8/5/2019. Reply to Motion for Summary Judgment due by 8/19/2019. Plaintiff's Cross Motion due by 8/5/2019. Response to Cross Motion due by 8/19/2019. Reply to Cross Motions due by 8/26/2019. (zcdw) (Entered: 07/29/2019)
2019-07-3014Joint MOTION for Briefing Schedule , to update existing schedule by CAUSE OF ACTION INSTITUTE (Valvo, Russel) (Entered: 07/30/2019)
2019-07-31MINUTE ORDER. Upon consideration of the Parties' 14 Joint Motion to Update Deadlines, it is hereby ORDERED that the deadlines (1) for Defendant's Summary Judgment Motion is extended to August 12, 2019; (2) for Plaintiff's Opposition and Cross-Motion is extended to August 26, 2019; (3) for Defendant's Opposition and Reply is extended to September 9, 2019; and (4) for Plaintiff's Reply is extended to September 16, 2019. Signed by Judge Carl J. Nichols on July 31, 2019. (lccjn1) (Entered: 07/31/2019)
2019-08-01Set/Reset Deadlines: Defendant Summary Judgment Motion due by 8/12/2019. Plaintiff Opposition And Cross-Motion due by 8/26/2019. Defendant Opposition And Reply due by 09/09/2019. Plaintiff Reply due by 9/16/2019. (mac) (Entered: 08/01/2019)
2019-08-0615MOTION for Extension of Time to File Summary Judgment Motion by UNITED STATES DEPARTMENT OF COMMERCE (Hendry, Melanie) (Entered: 08/06/2019)
2019-08-0616Memorandum in opposition to re 15 MOTION for Extension of Time to File Summary Judgment Motion filed by CAUSE OF ACTION INSTITUTE. (Valvo, Russel) (Entered: 08/06/2019)
2019-08-0717NOTICE OF SUBSTITUTION OF COUNSEL by John Moustakas on behalf of UNITED STATES DEPARTMENT OF COMMERCE Substituting for attorney Melanie Hendry (Moustakas, John) (Entered: 08/07/2019)
2019-08-1418ENTERED IN ERROR.....MOTION for Order to Show Cause as to Why Defendant Should Not Be Held in Contempt and Sanctioned , MOTION to Expedite Motion for Order to Show Cause by CAUSE OF ACTION INSTITUTE (Attachments: # 1 Text of Proposed Order)(Mulvey, Ryan) Modified on 8/14/2019 (jf). (Entered: 08/14/2019)
2019-08-14NOTICE OF CORRECTED DOCKET ENTRY: Document No. re 18 MOTION for Order to Show Cause as to Why Defendant Should Not Be Held in Contempt and Sanctioned MOTION to Expedite Motion for Order to Show Cause was entered in error at the request of counsel and will be refiled. (jf) (Entered: 08/14/2019)
2019-08-1419MOTION for Order to Show Cause as to Why Defendant Should Not Be Held in Contempt and Sanctioned , MOTION to Expedite Motion for Order to Show Cause by CAUSE OF ACTION INSTITUTE (Attachments: # 1 Text of Proposed Order)(Mulvey, Ryan) (Entered: 08/14/2019)
2019-08-15MINUTE ORDER. Upon consideration of Defendant's 15 Motion for an Extension of Time, it is hereby ORDERED that the Motion is GRANTED and that the deadlines (1) for Defendant's Summary Judgment Motion is extended to August 19, 2019; (2) for Plaintiff's Opposition and Cross-Motion is extended to September 3, 2019; (3) for Defendant's Opposition and Reply is extended to September 17, 2019; and (4) for Plaintiff's Reply is extended to September 24, 2019. Although the Court has granted this extension, the Court reemphasizes that future motions seeking to extend the briefing schedule will be disfavored. Signed by Judge Carl J. Nichols on August 15, 2019. (lccjn1) (Entered: 08/15/2019)
2019-08-15Set/Reset Deadlines: Defendant's Summary Judgment Motion due by 8/19/2019. Plaintiff's Opposition And Cross-Motion due by 9/3/2019. Defendant's Opposition And Reply due by 9/17/2019. Plaintiff's Reply due by 9/24/2019. (mac) (Entered: 08/15/2019)
2019-08-1920MOTION for Summary Judgment by UNITED STATES DEPARTMENT OF COMMERCE (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Exhibit A, # 4 Text of Proposed Order)(Moustakas, John) (Entered: 08/19/2019)
2019-08-2121Memorandum in opposition to re 19 MOTION for Order to Show Cause as to Why Defendant Should Not Be Held in Contempt and Sanctioned MOTION to Expedite Motion for Order to Show Cause filed by UNITED STATES DEPARTMENT OF COMMERCE. (Attachments: # 1 Exhibit 1)(Moustakas, John) (Entered: 08/21/2019)
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