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Case TitleAMERICANS FOR PROSPERITY FOUNDATION v. UNITED STATES DEPARTMENT OF COMMERCE
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2020cv03662
Date Filed2020-12-14
Date ClosedOpen
JudgeJudge Royce C. Lamberth
PlaintiffAMERICANS FOR PROSPERITY FOUNDATION
Case DescriptionThe Americans for Prosperity Foundation submitted a FOIA request to the Department of Commerce for records concerning communications to or from either National Telecommunications and Information Administration Senior Advisor Nathan Simington or Acting Assistant Secretary of Commerce for Communications and Information Adam Candeub containing a list of names or entities. AFPF also requested a fee waiver. AFPF agreed to clarify the scope of its request. The agency provided an interim response containing 128 records. The agency withheld 35 records under Exemption 5 (privileges). The agency notified AFPF that it had prepared a second interim response but after hearing nothing further from the agency, AFPF filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Attorney's fees

DefendantUNITED STATES DEPARTMENT OF COMMERCE
Documents
Docket
Complaint
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Complaint attachment 5
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Complaint attachment 7
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Complaint attachment 9
Complaint attachment 10
Complaint attachment 11
Complaint attachment 12
Complaint attachment 13
Complaint attachment 14
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2020-12-141COMPLAINT against UNITED STATES DEPARTMENT OF COMMERCE ( Filing fee $ 402 receipt number ADCDC-7955629) filed by AMERICANS FOR PROSPERITY FOUNDATION. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Civil Cover Sheet, # 12 Summons for U.S. Attorney General, # 13 Summons for Civil Process Clerk, # 14 Summons for U.S. Department of Commerce)(Bolinder, Eric) (Entered: 12/14/2020)
2020-12-142LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by AMERICANS FOR PROSPERITY FOUNDATION (Bolinder, Eric) (Entered: 12/14/2020)
2020-12-143NOTICE of Appearance by Ryan Patrick Mulvey on behalf of AMERICANS FOR PROSPERITY FOUNDATION (Mulvey, Ryan) (Entered: 12/14/2020)
2020-12-15Case Assigned to Judge Royce C. Lamberth. (adh, ) (Entered: 12/15/2020)
2020-12-154SUMMONS (3) Issued Electronically as to UNITED STATES DEPARTMENT OF COMMERCE, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(adh, ) (Entered: 12/15/2020)
2020-12-155AMENDED COMPLAINT against UNITED STATES DEPARTMENT OF COMMERCE filed by AMERICANS FOR PROSPERITY FOUNDATION.(Bolinder, Eric) (Entered: 12/15/2020)
2020-12-216NOTICE of Appearance by April Denise Seabrook on behalf of UNITED STATES DEPARTMENT OF COMMERCE (Seabrook, April) (Entered: 12/21/2020)
2020-12-287RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 12/18/2020. Answer due for ALL FEDERAL DEFENDANTS by 1/17/2021. (Bolinder, Eric) (Entered: 12/28/2020)
2020-12-288RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 12/18/2020. (Bolinder, Eric) (Entered: 12/28/2020)
2021-01-129RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES DEPARTMENT OF COMMERCE served on 12/23/2020 (Bolinder, Eric) (Entered: 01/12/2021)
2021-01-1910Consent MOTION for Extension of Time to File Answer by UNITED STATES DEPARTMENT OF COMMERCE. (Seabrook, April) (Entered: 01/19/2021)
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by FOIA Project Staff
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