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Case Detail

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DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2019cv02698
Date Filed2019-09-09
Date ClosedOpen
JudgeJudge Dabney L. Friedrich
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

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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)
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