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Case TitleAMERICANS FOR PROSPERITY FOUNDATION v. FEDERAL TRADE COMMISSION
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2021cv03207
Date Filed2021-12-08
Date ClosedOpen
JudgeJudge Ana C. Reyes
PlaintiffAMERICANS FOR PROSPERITY FOUNDATION
Case DescriptionAmericans for Prosperity Foundation submitted a FOIA request to the Federal Trace Commission for records concerning the decision to replace the 2015 Section 5 policy statement concerning unfair methods of competition. The agency acknowledged receipt of the request and placed it in unusual circumstance processing queue. After hearing nothing further from the agency, APF filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantFEDERAL TRADE COMMISSION
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
Complaint attachment 7
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2021-12-081COMPLAINT against FEDERAL TRADE COMMISSION ( Filing fee $ 402 receipt number ADCDC-8913352) filed by AMERICANS FOR PROSPERITY FOUNDATION. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Civil Cover Sheet, # 5 Summons FTC, # 6 Summons USAG, # 7 Summons USAO-DC)(Mulvey, Ryan) (Entered: 12/08/2021)
2021-12-082LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by AMERICANS FOR PROSPERITY FOUNDATION (Mulvey, Ryan) (Entered: 12/08/2021)
2021-12-08Case Assigned to Judge Florence Y. Pan. (zsb) (Entered: 12/08/2021)
2021-12-093STANDING ORDER: The parties are hereby ORDERED to comply with the directives set forth in the attached Standing Order. See document for details. Signed by Judge Florence Y. Pan on 12/9/2021. (lcsw) (Entered: 12/09/2021)
2021-12-094SUMMONS (3) Issued Electronically as to FEDERAL TRADE COMMISSION, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(adh, ) (Entered: 12/09/2021)
2021-12-135RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 12/10/2021. Answer due for ALL FEDERAL DEFENDANTS by 1/9/2022. (Mulvey, Ryan) (Entered: 12/13/2021)
2021-12-136NOTICE of Appearance by Eric R. Bolinder on behalf of AMERICANS FOR PROSPERITY FOUNDATION (Bolinder, Eric) (Entered: 12/13/2021)
2021-12-317RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 12/23/2021. (Mulvey, Ryan) (Entered: 12/31/2021)
2021-12-318RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. FEDERAL TRADE COMMISSION served on 12/22/2021 (Mulvey, Ryan) (Entered: 12/31/2021)
2022-01-049NOTICE of Appearance by Anna Davis Walker on behalf of FEDERAL TRADE COMMISSION (Walker, Anna) (Entered: 01/04/2022)
2022-01-0410Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond by FEDERAL TRADE COMMISSION. (Attachments: # 1 Text of Proposed Order)(Walker, Anna) (Entered: 01/04/2022)
2022-01-05MINUTE ORDER granting Defendant's 10 Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond, for good cause shown. Defendant's response to the Complaint is due on February 9, 2022. Signed by Judge Florence Y. Pan on 1/5/2022. (lcsw) (Entered: 01/05/2022)
2022-01-05Set/Reset Deadlines: Defendant's response to the Complaint due by 2/9/2022. (zacr) (Entered: 01/05/2022)
2022-02-0911ANSWER to Complaint by FEDERAL TRADE COMMISSION.(Walker, Anna) (Entered: 02/09/2022)
2022-02-1012ORDER directing the parties to file a joint status report proposing a schedule for litigation of this case on or before March 10, 2022. Signed by Judge Florence Y. Pan on 2/10/2022. (lcsw) (Entered: 02/10/2022)
2022-02-10Set/Reset Deadlines: Joint Status Report due by 3/10/2022. (zacr) (Entered: 02/10/2022)
2022-03-1013Joint STATUS REPORT by FEDERAL TRADE COMMISSION. (Walker, Anna) (Entered: 03/10/2022)
2022-03-10MINUTE ORDER. Upon consideration of the parties' 13 Joint Status Report, the parties are directed to file another status report on or before May 9, 2022, and every 60 days thereafter. Signed by Judge Florence Y. Pan on 3/10/2022. (lcsw) (Entered: 03/10/2022)
2022-03-10Set/Reset Deadlines: Joint Status Report due by 5/9/2022. (zacr) (Entered: 03/10/2022)
2022-05-0914NOTICE of Appearance by Erika Kirstie Oblea on behalf of All Defendants (Oblea, Erika) (Entered: 05/09/2022)
2022-05-0915Joint STATUS REPORT by FEDERAL TRADE COMMISSION. (Oblea, Erika) (Entered: 05/09/2022)
2022-07-0816Joint STATUS REPORT by AMERICANS FOR PROSPERITY FOUNDATION. (Mulvey, Ryan) (Entered: 07/08/2022)
2022-09-0617Joint STATUS REPORT by FEDERAL TRADE COMMISSION. (Walker, Anna) (Entered: 09/06/2022)
2022-09-23Judge Florence Y. Pan has been elevated to serve on the U.S. Court of Appeals for the D.C. Circuit. She is therefore no longer assigned to this case, and this matter has been reassigned to the Calendar Committee, which will oversee it until it is assigned to another district judge. Any questions should be directed to Judge Pan's former deputy clerk, Samantha Calloway, at 202-354-3163 or samantha_calloway@dcd.uscourts.gov. (ztnr) (Entered: 09/23/2022)
2022-11-0718Joint STATUS REPORT by FEDERAL TRADE COMMISSION. (Walker, Anna) (Entered: 11/07/2022)
2023-01-0619Joint STATUS REPORT by FEDERAL TRADE COMMISSION. (Walker, Anna) (Entered: 01/06/2023)
2023-02-24Case directly reassigned to District Judge Ana C. Reyes. Circuit Judge Florence Y. Pan is no longer assigned to the case. (ztnr) (Entered: 02/24/2023)
2023-03-0320Joint STATUS REPORT by FEDERAL TRADE COMMISSION. (Attachments: # 1 Text of Proposed Order)(Walker, Anna) (Entered: 03/03/2023)
2023-03-03MINUTE ORDER. UPON CONSIDERATION of the parties' 20 Joint Status Report and the entire record in this case, and for good cause shown, it is hereby ORDERED that the parties shall file a further joint status report on or before April 7, 2023, apprising the Court as to the status of Plaintiff's FOIA request and proposing a schedule for further proceedings, if necessary. Signed by Judge Ana C. Reyes on 3/3/2023. (lcjo) (Entered: 03/03/2023)
2023-03-03Set/Reset Deadlines/Hearings: Joint Status Report due by 4/7/2023. (zcdw) (Entered: 03/03/2023)
2023-04-0721Joint STATUS REPORT by AMERICANS FOR PROSPERITY FOUNDATION. (Attachments: # 1 Text of Proposed Order)(Mulvey, Ryan) (Entered: 04/07/2023)
2023-04-10MINUTE ORDER. Upon consideration of the parties' 21 Joint Status Report, and for good cause shown, it is hereby ORDERED that the parties shall file a further joint status report on or before June 6, 2023. The Court notes that the parties are not required to seek the Court's approval to file further joint status reports per Judge Reyes' Standing Order in Civil Cases, which is available on her webpage. Signed by Judge Ana C. Reyes on 4/10/23. (lcas) (Entered: 04/10/2023)
2023-04-11Set/Reset Deadlines/Hearings: Joint Status Report due by 6/6/2023. (zcdw) (Entered: 04/11/2023)
2023-06-0122NOTICE of Appearance by Lee A. Steven on behalf of AMERICANS FOR PROSPERITY FOUNDATION (Steven, Lee) (Entered: 06/01/2023)
2023-06-0123Joint MOTION for Briefing Schedule for motion for protective order by FEDERAL TRADE COMMISSION. (Attachments: # 1 Text of Proposed Order)(Walker, Anna) (Entered: 06/01/2023)
2023-06-0524Joint MOTION for Leave to File under Seal by AMERICANS FOR PROSPERITY FOUNDATION. (Attachments: # 1 Text of Proposed Order)(Mulvey, Ryan) (Entered: 06/05/2023)
2023-06-0625Joint STATUS REPORT by AMERICANS FOR PROSPERITY FOUNDATION. (Mulvey, Ryan) (Entered: 06/06/2023)
2023-06-0726Unopposed MOTION to Amend/Correct 23 Joint MOTION for Briefing Schedule for motion for protective order by FEDERAL TRADE COMMISSION. (Attachments: # 1 Text of Proposed Order)(Walker, Anna) (Entered: 06/07/2023)
2023-06-07MINUTE ORDER: Upon consideration of the parties' Joint Motion for Briefing Schedule for Motion for Protective Order 23 , Joint Motion for Leave to File Under Seal 24 , and Motion to Amend Joint Motion for Briefing Schedule 26 , it is hereby ORDERED that each motion is DENIED without prejudice. The parties are directed to meet and confer in person to resolve their disagreement over the contested record. The Court also reminds the parties that attorneys are under ethical obligations to not review documents a party claims are privileged or work product, and in some circumstances, to return such documents immediately upon request. The Court expects the parties to resolve any issue regarding the non-dissemination of document(s) that one party contends to be privileged and confidential pending the outcome of the case. Signed by Judge Ana C. Reyes on 6/7/2023. (lcas) (Entered: 06/07/2023)
2023-06-1227NOTICE OF WITHDRAWAL OF APPEARANCE as to AMERICANS FOR PROSPERITY FOUNDATION. Attorney Eric R. Bolinder terminated. (Bolinder, Eric) (Entered: 06/12/2023)
2023-07-0628Joint MOTION for Briefing Schedule (Renewed) by FEDERAL TRADE COMMISSION. (Walker, Anna) (Entered: 07/06/2023)
2023-07-07MINUTE ORDER: The Court has reviewed the parties' Renewed Motion for Entry of Briefing Schedule 28 . It is hereby ORDERED that Plaintiff not disseminate the materials at issue pending further order from the Court or resolution of a motion for "claw back" order and for a protective order. It is further ORDERED that the parties file a pre-motion joint statement that explains the basis of their disagreement on or before July 28, 2023. Signed by Judge Ana C. Reyes on 7/7/23. (lcas) (Entered: 07/07/2023)
2023-07-11Set/Reset Deadlines/Hearings: Pre-motion joint statement due by 7/28/2023. (zcdw) (Entered: 07/11/2023)
2023-07-2829NOTICE of Pre-Motion Joint Statement, Pursuant to July 7, 2023 Minute Order by FEDERAL TRADE COMMISSION (Walker, Anna) (Entered: 07/28/2023)
2023-07-31MINUTE ORDER: It is hereby ORDERED that Defendant Federal Trade Commission send the contested document to the Court for in camera review via an email to Chambers. The parties are directed to reach out to Judge Reyes' Courtroom Deputy, Chashawn White (Chashawn_White@dcd.uscourts.gov), to set a pre-motion conference date. Signed by Judge Ana C. Reyes on 7/31/23. (lcas) Modified on 8/1/2023 to correct typo (zcdw). (Entered: 07/31/2023)
2023-08-0730Joint STATUS REPORT by FEDERAL TRADE COMMISSION. (Walker, Anna) (Entered: 08/07/2023)
2023-08-14NOTICE of Hearing:Pre-Motion Conference set for 8/17/2023 at 1:30 PM in Courtroom 12 before Judge Ana C. Reyes. (zcdw) (Entered: 08/14/2023)
2023-08-17Minute Entry for proceedings held before Judge Ana C. Reyes: Pre-motion Conference held on 8/17/2023. (Court Reporter: Christine Asif) (zcdw) (Entered: 08/17/2023)
2023-08-1831NOTICE Concerning Use of the Contested Record in Further Proceedings by AMERICANS FOR PROSPERITY FOUNDATION (Mulvey, Ryan) (Entered: 08/18/2023)
2023-09-1332TRANSCRIPT OF PROCEEDINGS before Judge Ana C. Reyes held on 8/17/2023; Page Numbers: 1-42. Date of Issuance:9/13/2023. Court Reporter Christine T. Asif, Telephone number 202-354-3247, Transcripts may be ordered by submitting the Transcript Order Form For the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter. NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 10/4/2023. Redacted Transcript Deadline set for 10/14/2023. Release of Transcript Restriction set for 12/12/2023.(Asif, Christine) (Entered: 09/13/2023)
2023-10-0633Joint STATUS REPORT by AMERICANS FOR PROSPERITY FOUNDATION. (Mulvey, Ryan) (Entered: 10/06/2023)
2024-01-0934Joint STATUS REPORT by FEDERAL TRADE COMMISSION. (Walker, Anna) (Entered: 01/09/2024)
2024-03-0835Joint STATUS REPORT by FEDERAL TRADE COMMISSION. (Walker, Anna) (Entered: 03/08/2024)
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