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Case TitleCAUSE OF ACTION INSTITUTE v. U.S. DEPARTMENT OF COMMERCE
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2019cv02698
Date Filed2019-09-09
Date ClosedOpen
JudgeJudge Dabney L. Friedrich
PlaintiffCAUSE OF ACTION INSTITUTE
Case DescriptionCause of Action Institute submitted FOIA requests to the Department of Commerce for records concerning reports required under Section 232 of the Trade Expansion Act to be sent to Congress pertaining to the Secretary's determination that tariffs are justified to protect national security. While the agency prepared a report on the aluminum tariffs and posted a copy with redactions on its website, the agency has since claimed the reports are privileged and cannot be disclosed under FOIA. Cause of Action Institute submitted two FOIA requests for the report on the effect of imports of uranium on national security. CoA Institute also requested a fee waiver. The agency acknowledged receipt of the request and told CoA Institute that redacted versions of the reports would be available online after presidential review. CoA then filed suit, arguing that the agency had a policy and practice of withholding the reports beyond the statutory time limit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

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

2019-09-091COMPLAINT against U.S. DEPARTMENT OF COMMERCE ( Filing fee $ 400 receipt number 0090-6366545) filed by CAUSE OF ACTION INSTITUTE. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Civil Cover Sheet, # 8 Summons Dep't of Commerce, # 9 Summons U.S. Att'y Gen., # 10 Summons USAO Civil Process Clerk)(Mulvey, Ryan) (Entered: 09/09/2019)
2019-09-092LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by CAUSE OF ACTION INSTITUTE (Mulvey, Ryan) (Entered: 09/09/2019)
2019-09-093NOTICE of Appearance by Russel James Valvo, III on behalf of CAUSE OF ACTION INSTITUTE (Valvo, Russel) (Entered: 09/09/2019)
2019-09-10Case Assigned to Judge Dabney L. Friedrich. (zeg) (Entered: 09/10/2019)
2019-09-104SUMMONS (3) Issued Electronically as to U.S. DEPARTMENT OF COMMERCE, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(zeg) (Entered: 09/10/2019)
2019-09-165RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF COMMERCE served on 9/11/2019 (Mulvey, Ryan) (Entered: 09/16/2019)
2019-09-166RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 09/11/2019. (Mulvey, Ryan) (Entered: 09/16/2019)
2019-09-167RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 9/11/2019. Answer due for ALL FEDERAL DEFENDANTS by 10/11/2019. (Mulvey, Ryan) (Entered: 09/16/2019)
2019-10-118ANSWER to Complaint by U.S. DEPARTMENT OF COMMERCE.(Moustakas, John) (Entered: 10/11/2019)
2019-10-15MINUTE ORDER requiring the parties to MEET AND CONFER and file a joint status report proposing a schedule for further proceedings. The status report should address the status of the plaintiff's FOIA request, including the anticipated number of documents responsive to the request and the anticipated date(s) for release of the requested documents. The parties shall file the joint status report on or before November 12, 2019. So Ordered by Judge Dabney L. Friedrich on October 15, 2019. (lcdlf2) (Entered: 10/15/2019)
2019-10-159ERRATA by U.S. DEPARTMENT OF COMMERCE 8 Answer to Complaint filed by U.S. DEPARTMENT OF COMMERCE. (Attachments: # 1 Answer)(Moustakas, John) (Entered: 10/15/2019)
2019-11-0110NOTICE of Change of Address by Ryan Patrick Mulvey (Mulvey, Ryan) (Entered: 11/01/2019)
2019-11-1211Joint STATUS REPORT by CAUSE OF ACTION INSTITUTE. (Mulvey, Ryan) (Entered: 11/12/2019)
2019-11-12MINUTE ORDER. Upon consideration of the parties' 11 Joint Status Report, it is ORDERED that the parties shall submit another joint status report on or before November 26, 2019. So Ordered by Judge Dabney L. Friedrich on November 12, 2019. (lcdlf2) (Entered: 11/12/2019)
2019-11-2612Joint STATUS REPORT by U.S. DEPARTMENT OF COMMERCE. (Moustakas, John) (Entered: 11/26/2019)
2019-11-27MINUTE ORDER. Upon consideration of the parties' 12 Joint Status Report, the Court adopts the parties proposed briefing schedule. Accordingly, the defendant shall file its motion for summary judgment on or before February 14, 2020; the plaintiff shall file its opposition and cross-motion for summary judgment on or before March 16, 2020; the defendant shall file its opposition and any reply on or before April 6, 2020; and the plaintiff shall file any reply on or before April 27, 2020. Signed by Judge Dabney L. Friedrich on November 27, 2019. (lcdlf2) (Entered: 11/27/2019)
2019-11-27Set/Reset Deadlines: Cross Motion due by 3/16/2020. Response to Cross Motion due by 4/6/2020. Reply to Cross Motion due by 4/27/2020. (zkh) (Entered: 11/27/2019)
2020-02-1213Consent MOTION for Extension of Time to File Summary Judgment by U.S. DEPARTMENT OF COMMERCE (Moustakas, John) (Entered: 02/12/2020)
2020-02-1214ERRATA by U.S. DEPARTMENT OF COMMERCE 13 Consent MOTION for Extension of Time to File Summary Judgment filed by U.S. DEPARTMENT OF COMMERCE. (Attachments: # 1 Defendant's Consent Motion for Extension of Time (corrected), # 2 Text of Proposed Order)(Moustakas, John) (Entered: 02/12/2020)
2020-02-12MINUTE ORDER. Upon consideration of the defendant's 13 Consent Motion for Extension of Time, it is ORDERED that the motion is GRANTED. Accordingly, the current briefing schedule shall be amended as follows: (1) the defendant shall file its motion for summary judgment on or before February 28, 2020; the plaintiff shall file its opposition and cross-motion for summary judgment on or before March 30, 2020; (3) the defendant shall file its opposition and reply on or before April 20, 2020; and the plaintiff shall file its reply on or before May 11, 2020. So Ordered by Judge Dabney L. Friedrich on February 12, 2020. (lcdlf2) (Entered: 02/12/2020)
2020-02-2815Consent MOTION for Extension of Time to File Motion to Summary Judgment by U.S. DEPARTMENT OF COMMERCE (Moustakas, John) (Entered: 02/28/2020)
2020-02-28MINUTE ORDER. Upon consideration of the defendant's 15 Consent Motion for Extension of Time, it is ORDERED that the motion is GRANTED. Accordingly, the current summary judgment briefing schedule is amended as follows: (1) the defendant shall file its motion for summary judgment on or before March 3, 2020; (2) the plaintiff shall file its opposition and cross-motion for summary judgment on or before April 1, 2020; (3) the defendant shall file its opposition and reply on or before April 22, 2020; and (4) the plaintiff shall file its reply on or before May 13, 2020. So Ordered by Judge Dabney L. Friedrich on February 28, 2020. (lcdlf2) (Entered: 02/28/2020)
2020-03-0316MOTION for Extension of Time to File Motion for Summary Judgment by U.S. DEPARTMENT OF COMMERCE (Moustakas, John) (Entered: 03/03/2020)
2020-03-04MINUTE ORDER. Upon consideration of the defendant's Motion for Extension of Time, it is ORDERED that the motion is GRANTED. Accordingly, the current summary judgment schedule shall be amended as follows: the defendant shall file its motion for summary judgment on or before March 5, 2020; the plaintiff shall file its opposition and cross-motion for summary judgment on or before April 3, 2020; the defendant shall file its opposition and any reply on or before April 24, 2020; and the plaintiff shall file any reply on or before May 15, 2020. So Ordered by Judge Dabney L. Friedrich on March 4, 2020. (lcdlf2) (Entered: 03/04/2020)
2020-03-04Set/Reset Deadlines: Cross Motions due by 4/3/2020. Response to Cross Motions due by 4/24/2020. Reply to Cross Motions due by 5/15/2020. (zjch) (Entered: 03/04/2020)
2020-03-0517MOTION for Summary Judgment by U.S. DEPARTMENT OF COMMERCE (Attachments: # 1 Declaration)(Moustakas, John) (Entered: 03/05/2020)
2020-04-0318Cross MOTION for Summary Judgment by CAUSE OF ACTION INSTITUTE (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts Pl.'s SUMF, # 3 Statement of Facts Pl.'s Resp. to Def.'s SUMF, # 4 Declaration of Ryan P. Mulvey, # 5 Text of Proposed Order)(Mulvey, Ryan) (Entered: 04/03/2020)
2020-04-0319Memorandum in opposition to re 17 MOTION for Summary Judgment filed by CAUSE OF ACTION INSTITUTE. (Mulvey, Ryan) (Entered: 04/03/2020)
2020-04-2320MOTION for Extension of Time to File Response/Reply to Motion for Summary Judgment by U.S. DEPARTMENT OF COMMERCE (Moustakas, John) (Entered: 04/23/2020)
2020-04-2321ERRATA re 20 to Defendant's Motion to Extend Time by U.S. DEPARTMENT OF COMMERCE. (Attachments: # 1 Exhibit Corrected Motion to Extend Time)(Moustakas, John) Modified to add link on 4/24/2020 (znmw). (Entered: 04/23/2020)
2020-04-2322Memorandum in opposition to re 20 MOTION for Extension of Time to File Response/Reply to Motion for Summary Judgment filed by CAUSE OF ACTION INSTITUTE. (Mulvey, Ryan) (Entered: 04/23/2020)
2020-04-23MINUTE ORDER: Before the Court is the defendant's 20 Motion for Extension of Time. First, it is ORDERED that the defendant's [21-1] Corrected Motion for Extension of Time be substituted for its original 20 Motion for Extension of Time. Second, it is ORDERED that the defendant's [21-1] Corrected Motion for Extension of Time is GRANTED IN PART. Accordingly, the defendant shall file its reply in support of its 17 Motion for Summary Judgment on or before May 23, 2020. So Ordered by Judge Dabney L. Friedrich on April 23, 2020. (lcdlf2) (Entered: 04/23/2020)
2020-04-23Set/Reset Deadlines: Defendant's Reply to Motion for Summary Judgment due by 5/23/2020. (zjch) (Entered: 04/23/2020)
2020-04-2923Consent MOTION for Order to Reset Deadlines by CAUSE OF ACTION INSTITUTE (Attachments: # 1 Text of Proposed Order)(Mulvey, Ryan) (Entered: 04/29/2020)
2020-04-30MINUTE ORDER. Upon consideration of the plaintiff's 23 Consent Motion for Order to Reset Deadlines, it is ORDERED that the motion is GRANTED. Accordingly, the plaintiff shall file its reply in support of its 18 Cross-Motion for Summary Judgment on or before June 15, 2020. So Ordered by Judge Dabney L. Friedrich on April 30, 2020. (lcdlf2) (Entered: 04/30/2020)
2020-04-30Set/Reset Deadlines: Reply to Cross Motions due by 6/15/2020. (zjch) (Entered: 04/30/2020)
2020-05-2224MOTION for Extension of Time to File Response/Reply by U.S. DEPARTMENT OF COMMERCE (Moustakas, John) (Entered: 05/22/2020)
2020-05-2225Memorandum in opposition to re 24 MOTION for Extension of Time to File Response/Reply filed by CAUSE OF ACTION INSTITUTE. (Mulvey, Ryan) (Entered: 05/22/2020)
2020-05-22MINUTE ORDER. Upon consideration of the defendant's 24 Motion for Extension of Time, as well as the plaintiff's 25 Memorandum in Opposition, it is ORDERED that the defendant's motion is GRANTED IN PART. Accordingly, the defendant shall file its reply in support of its 17 Motion for Summary Judgment on or before May 29, 2020. The Court is not inclined to grant any further extensions of time absent extraordinary circumstances. In addition, the plaintiff shall file its reply in support of its 18 Cross-Motion for Summary Judgment on or before June 22, 2020. So Ordered by Judge Dabney L. Friedrich on May 22, 2020. (lcdlf2) (Entered: 05/22/2020)
2020-05-22Set/Reset Deadlines: Reply to Cross Motions due by 6/22/2020. Reply to Motion for Summary Judgment due by 5/29/2020. (zjch) (Entered: 05/26/2020)
2020-05-2926Memorandum in opposition to re 18 Cross MOTION for Summary Judgment filed by U.S. DEPARTMENT OF COMMERCE. (Moustakas, John) Modified docket event/text on 6/5/2020 (eg). (Entered: 05/30/2020)
2020-05-2927REPLY to opposition to motion re 17 MOTION for Summary Judgment filed by U.S. DEPARTMENT OF COMMERCE. (View Docket Entry 26 to view document). (eg) (Entered: 06/05/2020)
2020-06-1828REPLY to opposition to motion re 18 Cross MOTION for Summary Judgment filed by CAUSE OF ACTION INSTITUTE. (Mulvey, Ryan) (Entered: 06/18/2020)
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by FOIA Project Staff
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