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Case TitleLEVI & KORSINSKY, LLP v. UNITED STATES SECURITIES AND EXCHANGE COMMISSION
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2019cv01409
Date Filed2019-05-15
Date ClosedOpen
JudgeJudge Carl J. Nichols
PlaintiffLEVI & KORSINSKY, LLP
Case DescriptionThe law firm of Levi & Korsinsky, representing Tesla shareholders, submitted a FOIA request to the Securities and Exchange Commission for records concerning the agency's investigation of Tesla founder Elon Musk's twitter activity and the settlement between the agency and Musk. The agency acknowledged receipt of the request. It disclosed the public complaint against Musk but withheld all other records under Exemption 7(A) (ongoing investigation or proceeding). Levi & Korsinsky filed an administrative appeal of the denial. The agency upheld its Exemption 7(A) claim but made a discretionary release of records showing how each commissioner voted. The law firm then filed suit.
Complaint issues: Litigation - Attorney's fees

DefendantUNITED STATES SECURITIES AND EXCHANGE COMMISSION
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2019-05-151COMPLAINT against UNITED STATES SECURITIES AND EXCHANGE COMMISSION ( Filing fee $ 400 receipt number 0090-6126176) filed by LEVI & KORSINSKY, LLP. (Attachments: # 1 Civil Cover Sheet, # 2 Summons)(Porritt, Nicholas) (Entered: 05/15/2019)
2019-05-16Case Assigned to Judge Reggie B. Walton. (zef, ) (Entered: 05/16/2019)
2019-05-162SUMMONS (1) Issued Electronically as to UNITED STATES SECURITIES AND EXCHANGE COMMISSION. (Attachments: # 1 Notice and Consent)(zef, ) (Entered: 05/16/2019)
2019-05-283REQUEST FOR SUMMONS TO ISSUE re 1 Complaint filed by LEVI & KORSINSKY, LLP. Related document: 1 Complaint filed by LEVI & KORSINSKY, LLP. (Attachments: # 1 Summons)(Porritt, Nicholas) (Entered: 05/28/2019)
2019-05-294SUMMONS (2) Issued Electronically as to UNITED STATES SECURITIES AND EXCHANGE COMMISSION, U.S. Attorney and U.S. Attorney General (ztd) (Entered: 05/29/2019)
2019-06-105RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 6/5/2019. Answer due for ALL FEDERAL DEFENDANTS by 7/5/2019. (Porritt, Nicholas) (Entered: 06/10/2019)
2019-06-107RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 6/5/19., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES SECURITIES AND EXCHANGE COMMISSION served on 6/5/2019 (ztd); (See docket entry no. 5 to view.) (Entered: 06/12/2019)
2019-06-116NOTICE of Appearance by Kevin Dean Solonsky on behalf of UNITED STATES SECURITIES AND EXCHANGE COMMISSION (Solonsky, Kevin) (Entered: 06/11/2019)
2019-06-24Case directly reassigned to Judge Carl J. Nichols. Judge Reggie B. Walton is no longer assigned to the case. (rj) (Entered: 06/24/2019)
2019-07-058ANSWER to 1 Complaint by UNITED STATES SECURITIES AND EXCHANGE COMMISSION.(Solonsky, Kevin); Modified text and added docket entry relationship on 7/8/2019 (tth). (Entered: 07/05/2019)
2019-08-13MINUTE ORDER. Before the Court in this Freedom of Information Act case are a Complaint and an Answer. The requirements of Local Civil Rule 16.3 and Federal Rule of Civil Procedure 26(f) appear to be inapplicable. It is hereby ORDERED that the Parties shall confer and file a Joint Status Report on or before September 13, 2019. The Joint Status Report shall address: (1) the status of Plaintiff's FOIA request; (2) the anticipated number of documents responsive to Plaintiff's FOIA request; (3) the anticipated date(s) for release of the documents requested by Plaintiff; (4) whether a motion for stay is likely under Open America v. Watergate Special Prosecution Force , 547 F.2d 605 (D.C. Cir. 1976); and (5) whether the Parties anticipate summary judgment briefing and, if so, a proposed briefing schedule. Signed by Judge Carl J. Nichols on August 13, 2019. (lccjn1) (Entered: 08/13/2019)
2019-08-14Set/Reset Deadlines: Joint Status Report due by 9/13/2019. (mac) (Entered: 08/14/2019)
2019-09-119Consent MOTION for Extension of Time to File Joint Status Report by UNITED STATES SECURITIES AND EXCHANGE COMMISSION (Attachments: # 1 Text of Proposed Order)(Solonsky, Kevin) (Entered: 09/11/2019)
2019-09-26MINUTE ORDER. Upon consideration of the Parties' 9 Consent Motion for Extension of Time to File Joint Status Report, it is hereby ORDERED that the Motion is GRANTED and that the Parties shall file a Joint Status Report on or before September 27, 2019. Signed by Judge Carl J. Nichols on September 26, 2019. (lccjn3) (Entered: 09/26/2019)
2019-09-2710Joint STATUS REPORT by UNITED STATES SECURITIES AND EXCHANGE COMMISSION. (Solonsky, Kevin) (Entered: 09/27/2019)
2019-10-23MINUTE ORDER. In light of the Parties' 10 Joint Status Report, it is hereby ORDERED that the Parties shall submit an additional Joint Status Report on or before December 23, 2019. Signed by Judge Carl J. Nichols on October 23, 2019. (lccjn3) (Entered: 10/23/2019)
2019-10-23Set/Reset Deadlines/Hearings: Joint Status Report due by 12/23/2019. (zcdw) (Entered: 10/23/2019)
2019-10-2411STIPULATION by Levi & Korsinsky, LLP and by UNITED STATES SECURITIES AND EXCHANGE COMMISSION. (Solonsky, Kevin) (Entered: 10/24/2019)
2019-12-2012Joint STATUS REPORT by UNITED STATES SECURITIES AND EXCHANGE COMMISSION. (Solonsky, Kevin) (Entered: 12/20/2019)
2019-12-23MINUTE ORDER. In light of the Parties' 12 Joint Status Report and request that this matter be stayed pending an additional joint status report, it is hereby ORDERED that the Parties shall submit an additional Joint Status Report on or before February 3, 2020. Signed by Judge Carl J. Nichols on December 23, 2019. (lccjn3) (Entered: 12/23/2019)
2019-12-23Set/Reset Deadlines/Hearings: Joint Status Report due by 2/3/2020. (zcdw) (Entered: 12/24/2019)
2020-02-0313Joint STATUS REPORT by UNITED STATES SECURITIES AND EXCHANGE COMMISSION. (Solonsky, Kevin) (Entered: 02/03/2020)
2020-02-18MINUTE ORDER. In light of the Parties' 13 Joint Status Report, it is hereby ORDERED that the Parties shall submit an additional Joint Status Report on or before March 16, 2020. Signed by Judge Carl J. Nichols on February 18, 2020. (lccjn3) (Entered: 02/18/2020)
2020-02-18Set/Reset Deadlines/Hearings: Joint Status Report due by 3/16/2020. (zcdw) (Entered: 02/19/2020)
2020-03-1614Joint STATUS REPORT by UNITED STATES SECURITIES AND EXCHANGE COMMISSION. (Solonsky, Kevin) (Entered: 03/16/2020)
2020-03-19MINUTE ORDER. In light of the Parties' 14 Joint Status Report, it is hereby ORDERED that the Parties shall submit an additional Joint Status Report on or before May 18, 2020. Signed by Judge Carl J. Nichols on March 19, 2020. (lccjn3) (Entered: 03/19/2020)
2020-03-19Set/Reset Deadlines/Hearings: Joint Status Report due by 5/18/2020. (zcdw) (Entered: 03/22/2020)
2020-05-1815Joint STATUS REPORT by UNITED STATES SECURITIES AND EXCHANGE COMMISSION. (Solonsky, Kevin) (Entered: 05/18/2020)
2020-05-27MINUTE ORDER. In light of the Parties' 15 Joint Status Report, it is hereby ORDERED that the Parties shall submit an additional Joint Status Report on or before June 22, 2020. Signed by Judge Carl J. Nichols on May 27, 2020. (lccjn3) (Entered: 05/27/2020)
2020-06-2216Joint STATUS REPORT by UNITED STATES SECURITIES AND EXCHANGE COMMISSION. (Solonsky, Kevin) (Entered: 06/22/2020)
2020-07-1517STIPULATION of Dismissal by LEVI & KORSINSKY, LLP. (Porritt, Nicholas) (Entered: 07/15/2020)
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