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Case TitleYANOFSKY v. UNITED STATES DEPARTMENT OF COMMERCE
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2019cv02290
Date Filed2019-07-31
Date ClosedOpen
JudgeJudge Ketanji Brown Jackson
PlaintiffDAVID YANOFSKY
Case DescriptionJournalist David Yanofsky submitted a FOIA request to the Department of Commerce for data files and technical documentation related to the agency's I-92 and I-94 programs pertaining to international air travel. The agency initially denied Yanofsky's requests, claiming they were not available through FOIA because of a superseding statute. However, after Yanofsky filed suit, Judge Brown-Jackson ruled that the cited statutes did not apply. The agency continued to withhold most of the records and Brown-Jackson agreed with the agency that her previous order did not cover all the records. After the agency failed to produce any more records, Yanofsky filed suit.
Complaint issues: 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
Complaint attachment 8
Complaint attachment 9
Complaint attachment 10
Complaint attachment 11
Complaint attachment 12
Complaint attachment 13
Opinion/Order [24]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2019-07-311COMPLAINT against UNITED STATES DEPARTMENT OF COMMERCE ( Filing fee $ 400 receipt number 0090-6291511) filed by DAVID YANOFSKY. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I, # 11 Summons as to United States Department of Commerce, # 12 Summons as to United States Attorney, # 13 Summons as to United States Attorney General)(Townsend, KatieLynn) (Attachment 1 replaced on 8/1/2019) (zeg). (Entered: 07/31/2019)
2019-07-312NOTICE OF RELATED CASE by DAVID YANOFSKY. Case related to Case No. 16-cv-951. (Townsend, KatieLynn) (Entered: 07/31/2019)
2019-08-01ENTERED IN ERROR.....Case Assigned to Judge Rudolph Contreras. (zeg) Modified on 8/1/2019 (zeg). (Entered: 08/01/2019)
2019-08-01NOTICE OF CORRECTED DOCKET ENTRY: re Case Assigned was entered in error and will be directly assigned due to related case. (zeg) (Entered: 08/01/2019)
2019-08-01Case Assigned to Judge Ketanji Brown Jackson. (zeg) (Entered: 08/01/2019)
2019-08-013SUMMONS (3) Issued Electronically as to UNITED STATES DEPARTMENT OF COMMERCE, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(zeg) (Entered: 08/01/2019)
2019-08-234RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 8/6/2019. ( Answer due for ALL FEDERAL DEFENDANTS by 9/5/2019.), RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES DEPARTMENT OF COMMERCE served on 8/5/2019, RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 08/07/2019. (Townsend, KatieLynn) (Main Document 4 replaced on 8/26/2019) (zjf). (Entered: 08/23/2019)
2019-08-235CERTIFICATE OF SERVICE by DAVID YANOFSKY re 2 Notice of Related Case . (Townsend, KatieLynn) (Entered: 08/23/2019)
2019-08-266GENERAL ORDER AND GUIDELINES APPLICABLE TO FOIA CASES ASSIGNED TO JUDGE KETANJI BROWN JACKSON. The Court will hold the parties and counsel responsible for following these directives, and parties and counsel should pay particular attention to the Court's instructions for processing and production of records, batching motions, and filing exhibits. Failure to adhere to this Order may, when appropriate, result the imposition of sanctions and/or sua sponte denial of non-conforming motions. Signed by Judge Ketanji Brown Jackson on 8/26/2019. (lckbj1) (Entered: 08/26/2019)
2019-09-057NOTICE of Appearance by Scott Leeson Sroka on behalf of UNITED STATES DEPARTMENT OF COMMERCE (Sroka, Scott) (Entered: 09/05/2019)
2019-09-058ANSWER to Complaint by UNITED STATES DEPARTMENT OF COMMERCE.(Sroka, Scott) (Entered: 09/05/2019)
2019-09-06MINUTE ORDER. Before the Court in this FOIA case are a complaint and an answer. It is hereby ORDERED that the parties shall review this Court's 6 General Order and Guidelines Applicable to FOIA Cases, and promptly confer and file a joint proposed schedule for disclosure or briefing motions for summary judgment, on or before 9/20/2019. Signed by Judge Ketanji Brown Jackson on 9/6/2019. (lckbj1) (Entered: 09/06/2019)
2019-09-209Joint STATUS REPORT by DAVID YANOFSKY. (Townsend, KatieLynn) (Entered: 09/20/2019)
2019-09-30MINUTE ORDER setting briefing schedule for summary judgment: Defendant's Motion for Summary Judgment shall be served on or before 11/20/2019; Plaintiff's Opposition and Cross-Motion for Summary Judgment shall be served on or before 12/20/2019; Defendant's Reply and Cross-Motion Opposition shall be served on or before 1/10/2020; Plaintiff's Cross-Motion Reply shall be served on or before 1/24/2020; briefs shall be filed as a batch within three (3) business days of the service of the last reply brief authorized by this Minute Order, but in any event no later than the Final Filing Deadline of 3/6/2020. Signed by Judge Ketanji Brown Jackson on 9/30/2019. (lckbj1) (Entered: 09/30/2019)
2019-11-2010Consent MOTION for Extension of Time to File Motion for Summary Judgment by UNITED STATES DEPARTMENT OF COMMERCE (Sroka, Scott) (Entered: 11/20/2019)
2019-11-2011NOTICE of Appearance by Adam Alexander Marshall on behalf of DAVID YANOFSKY (Marshall, Adam) (Entered: 11/20/2019)
2019-12-03MINUTE ORDER. The Appendix to this Court's 6 General Order and Guidelines for FOIA Cases provides that "[t]he parties are permitted to modify the schedule for serving their [summary judgment] filings on each other by consent, and without any Order from this Court." Appendix, 5(a)(iii). Indeed, a Court order extending the summary judgment briefing deadlines is only necessary if the proposed changes to the briefing schedule would require an extension of the final filing deadline. See id. 5(a)(ii)(2). Because Defendant has filed an unopposed motion to amend the summary judgment briefing schedule in a manner that would not require any change to the final filing deadline, no Court approval is needed. Accordingly, it is hereby ORDERED that Defendant's 10 Consent Motion for Extension of Time to File Motion for Summary Judgment is DENIED. Signed by Judge Ketanji Brown Jackson on 12/3/2019. (jag) (Entered: 12/03/2019)
2019-12-0612NOTICE of Serving Motion for Summary Judgment by UNITED STATES DEPARTMENT OF COMMERCE (Sroka, Scott) (Entered: 12/06/2019)
2020-01-1013NOTICE OF SERVICE by DAVID YANOFSKY (Attachments: # 1 Plaintiff's Cross-Motion for Summary Judgment, # 2 Memorandum of Law, # 3 Plaintiff's Combined Statement of Material Facts and Response to Defendant's Statement of Material Facts, # 4 Declaration of David Yanofsky, # 5 Declaration of Adam A. Marshall, # 6 Proposed Order)(Townsend, KatieLynn) (Entered: 01/10/2020)
2020-01-3114NOTICE of Serving Defendant's Reply Memorandum and Related Materials by UNITED STATES DEPARTMENT OF COMMERCE (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Declaration, # 4 Exhibit)(Sroka, Scott) (Entered: 01/31/2020)
2020-02-1015NOTICE OF SUBSTITUTION OF COUNSEL by William J. Chang on behalf of UNITED STATES DEPARTMENT OF COMMERCE Substituting for attorney scott sroka (Chang, William) (Entered: 02/10/2020)
2020-02-1416NOTICE of Service by DAVID YANOFSKY (Attachments: # 1 Reply Memorandum of Law in Support of Plaintiff's Cross-Motion for Summary Judgment)(Townsend, KatieLynn) (Entered: 02/14/2020)
2020-02-1817MOTION for Summary Judgment by UNITED STATES DEPARTMENT OF COMMERCE (Attachments: # 1 Statement of Facts SUMF and Proposed Order, # 2 Exhibit Declaration, # 3 Exhibit Exhibits 1-9, # 4 Exhibit Appendices I-III)(Chang, William) (Entered: 02/18/2020)
2020-02-1818Cross MOTION for Summary Judgment by DAVID YANOFSKY (Attachments: # 1 Memorandum of Law, # 2 Statement of Facts, # 3 Declaration of David Yanofsky, # 4 Declaration of Adam A. Marshall, # 5 Text of Proposed Order)(Townsend, KatieLynn) (Entered: 02/18/2020)
2020-02-19NOTICE OF ERROR re 18 Motion for Summary Judgment; emailed to ktownsend@rcfp.org, cc'd 2 associated attorneys -- The PDF file you docketed contained errors: 1. Two-part docket entry, 2. Please refile document, 3. Same document using the OPPOSITION event (zjf, ) (Entered: 02/19/2020)
2020-02-1919Memorandum in opposition to re 17 MOTION for Summary Judgment filed by DAVID YANOFSKY. (Townsend, KatieLynn) (Entered: 02/19/2020)
2020-02-1920Memorandum in opposition to re 18 Cross MOTION for Summary Judgment filed by UNITED STATES DEPARTMENT OF COMMERCE. (Attachments: # 1 Statement of Facts Response to Plaintiff's Additional Statement of Material Facts, # 2 Declaration, # 3 Exhibit)(Chang, William) (Entered: 02/19/2020)
2020-02-1921REPLY to opposition to motion re 17 MOTION for Summary Judgment filed by UNITED STATES DEPARTMENT OF COMMERCE. (Chang, William) (Entered: 02/19/2020)
2020-02-2022REPLY to opposition to motion re 18 Cross MOTION for Summary Judgment filed by DAVID YANOFSKY. (Townsend, KatieLynn) (Entered: 02/20/2020)
2020-08-0523NOTICE of Appearance by April Denise Seabrook on behalf of All Defendants (Seabrook, April) (Entered: 08/05/2020)
2020-10-0624MEMORANDUM OPINION AND ORDER denying Defendant's 17 Motion for Summary Judgment, denying Plaintiff's 18 Cross-Motion for Summary Judgment, and directing the parties to file a joint proposed briefing schedule for renewed cross-motions for summary judgment on or before 10/20/2020. Signed by Judge Ketanji Brown Jackson on 10/06/2020. (lcnj) (Entered: 10/06/2020)
2020-10-2025Joint STATUS REPORT and Proposed Briefing Schedule by DAVID YANOFSKY. (Townsend, KatieLynn) (Entered: 10/20/2020)
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by FOIA Project Staff
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