Case Detail

FOIA Project Annotation: Judge Beryl Howell has ruled that the Treasury Department has so far failed to show that many of the records requested by the Center for Auto Safety pertaining to the 2009 restructuring of Chrysler and GM as part of the Troubled Asset Relief Program are protected by Exemption 4 (confidential business information), in part because the agency's Vaughn indices relied heavily on claims submitted by Chrysler and GM. CAS requested email correspondence from January-June 2009 concerning the Chrysler and GM bankruptcies and the government's role in and deliberation concerning the bankruptcies. Nearly two years later, Treasury had identified 170,000 potentially responsive documents. Treasury subsequently agreed to waive fees and to expand the period covered through August 2009. Howell noted that Treasury had already released over 65,000 pages to CAS, but continued to withhold 452 documents in whole and 90 documents in part at the request of GM, and 284 documents in whole or in part at the request of Chrysler. Treasury had provided two separate Vaughn indicesâ€"one covering the GM documents and the other covering the Chrysler documentsâ€""each of which was initially created by GM and Chrysler, respectively, at Treasury's request." CAS challenged the indices as inadequate and argued that Treasury had failed to show that many of the records were actually obtained from the companies rather than having originated with the agency. CAS also contended the agency had failed to show that disclosure of many of the records would either impair the agency's ability to obtain such records in the future or cause substantial competitive harm to either company. Howell agreed with most of CAS's claims. Howell was highly critical of the agency's Vaughn indices, pointing out that "the deficiencies in the Vaughn indices submitted in this case permeate even the purportedly undisputed records and preclude summary judgment determinations except in narrow circumstances. For this reason, to the extent they continue to withhold any documents, the defendants are instructed to submit a revised, combined Vaughn index for both GM and Chrysler, with numbered entries for all remaining disputed documents." Addressing CAS's claim that the agency had failed to show that records were obtained by from a person, Howell indicated that "for many of the disputed documents, without more information about the authors, the Court cannot determine whether the documents contain information 'obtained from a person' rather than information generated within Treasury." Howell agreed with CAS that Treasury had failed to show that it had reviewed records to determine if non-exempt information that had been generated by the agency had been separated from emails obtained from either GM or Chrysler. She pointed out that a new Vaughn index should provide explanations of "how the information has been segregated and released to enable a ruling on whether each specific contested piece of information was 'obtained from a person.'" Howell rejected the agency's argument that disclosure would harm its ability to get such information in the future. She noted that "it strains credulity to believe that the specter of potential disclosure under the FOIA of certain information required to be submitted to Treasury to obtain a company-saving loan would lead a company to choose instead to go out of business. There is abundant evidence in the record that GM and Chrysler had to take the government's bailout or go bankrupt." CAS argued the agency could not support its competitive harm claim by suggesting harm could flow from non-direct competition. Howell observed that the D.C. Circuit "has recognized that the use of information by consumers, suppliers, labor unions, and other entities, even if those entities are not direct competitors may be detrimental to a company's competitive position." But she added that "that said, the defendants' bald assertions that entities other than direct competitors could use the disputed information, if disclosed, to their own competitive advantageâ€"without any explanation of how such entities could use the information, is insufficient and unconvincing." One problem in assessing competitive harm was the fact that the restructuring of both companies had transformed them from the old GM and Chrysler to new versions of GM and Chrysler, making it difficult to distinguish between information that had become stale and information that could be considered proprietary going forward. Howell noted that "the Court cannot discern from many entries how the release of old information could possibly be used by competitors affirmatively to harm the companies today at all, let alone substantially." She observed that "the defendants' concern about documents regarding certain assets, particularly, for example, about intellectual property or research and development may be warranted. . . [But] to enable sufficient review, the defendants must articulate whether withheld documents contain information about assets purchased, specifying the type of assets and whether the assets belong with the new as opposed to the old companies . . .Information about assets belonging to the old companies must be segregated and released." CAS also pointed to Steven Rattner's memoir of the restructuring as evidence of the public availability of the government negotiating positions. The agency argued Rattner's book did not establish that the records were in the public domain. But Howell explained that CAS's argument was that "the availability of similar information belies the defendants' assertion about the risk of substantial competitive injury from the release of the documents." She indicated that 'to the extent that the same negotiation and business strategies which the defendants seek to protect have been revealed already to the public, release of the information would not cause GM or Chrysler substantial competitive harm."
Issues: Exemption 4 - Competitive harm, Exemption 4 - Impairment of agency, Exemption 4 - Obtained from a person, Litigation - Vaughn index

Date Filed	Doc #	Docket Text
2011-06-07	1	COMPLAINT against U.S. DEPARTMENT OF TREASURY ( Filing fee $ 350, receipt number 4616039443) filed by CENTER FOR AUTO SAFETY. (Attachments: # 1 Civil Cover Sheet)(rdj) (Entered: 06/08/2011)
2011-06-07		SUMMONS (3) Issued as to U.S. DEPARTMENT OF TREASURY, U.S. Attorney and U.S. Attorney General (rdj) (Entered: 06/08/2011)
2011-06-07	2	LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by CENTER FOR AUTO SAFETY identifying Corporate Parent NONE for CENTER FOR AUTO SAFETY. (rdj) (Entered: 06/08/2011)
2011-06-09	3	STANDING ORDER Signed by Judge Beryl A. Howell on 6/9/2011. (lcbah2) (Entered: 06/09/2011)
2011-06-13	4	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF TREASURY served on 6/13/2011, RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 6/13/11., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 6/7/2011. ( Answer due for ALL FEDERAL DEFENDANTS by 7/7/2011.) (Attachments: # 1 Exhibit)(Almy, Jessica) (Entered: 06/13/2011)
2011-06-14	5	NOTICE of Appearance by Marina Utgoff Braswell on behalf of U.S. DEPARTMENT OF TREASURY (Braswell, Marina) (Entered: 06/14/2011)
2011-07-07	6	ANSWER to 1 Complaint by U.S. DEPARTMENT OF TREASURY.(Braswell, Marina) (Entered: 07/07/2011)
2011-10-11	7	WITHDRAWN PURSUANT TO MINUTE ORDER FILED 12/19/2011.....MOTION for Summary Judgment by CENTER FOR AUTO SAFETY (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P, # 17 Exhibit Q, # 18 Exhibit R, # 19 Exhibit S, # 20 Exhibit T, # 21 Exhibit U, # 22 Exhibit V, # 23 Exhibit W, # 24 Exhibit X, # 25 Exhibit Y, # 26 Exhibit Z, # 27 Exhibit AA, # 28 Exhibit BB, # 29 Exhibit CC, # 30 Exhibit DD)(Almy, Jessica) Modified on 12/19/2011 (rdj). (Entered: 10/11/2011)
2011-10-25	8	Unopposed MOTION for Extension of Time to File Response/Reply as to 7 MOTION for Summary Judgment by U.S. DEPARTMENT OF TREASURY (Braswell, Marina) (Entered: 10/25/2011)
2011-10-31		MINUTE ORDER (paperless) granting 8 Unopposed Motion for Extension of Time to File Response. The defendant shall file its response to plaintiff's motion for summary judgment by November 18, 2011. Signed by Judge Beryl A. Howell on 10/31/2011. (lcbah2) (Entered: 10/31/2011)
2011-10-31		Set/Reset Deadlines: Response to Motion for Summary Judgment due by 11/18/2011. (alg) (Entered: 10/31/2011)
2011-10-31	9	NOTICE OF FILING by CENTER FOR AUTO SAFETY re 7 MOTION for Summary Judgment (Attachments: # 1 Exhibit EE)(Almy, Jessica) (Entered: 10/31/2011)
2011-11-14	10	Unopposed MOTION for Extension of Time to File Response/Reply as to 7 MOTION for Summary Judgment by U.S. DEPARTMENT OF TREASURY (Braswell, Marina) (Entered: 11/14/2011)
2011-11-15		MINUTE ORDER (paperless) granting 10 Defendant's Unopposed Motion for Further Extension of Time. The defendant shall respond to the plaintiff's motion for summary judgment by December 9, 2011. Signed by Judge Beryl A. Howell on November 15, 2011. (lcbah1) (Entered: 11/15/2011)
2011-11-15		Set/Reset Deadlines: Response to Motion for Summary Judgment due by 12/9/2011. (alg) (Entered: 11/16/2011)
2011-12-06	11	Unopposed MOTION for Extension of Time to File Response/Reply as to 7 MOTION for Summary Judgment by U.S. DEPARTMENT OF TREASURY (Braswell, Marina) (Entered: 12/06/2011)
2011-12-07		MINUTE ORDER (paperless) granting 11 Unopposed Motion for Extension of Time to File Response/Reply. The defendant shall file its response to plaintiff's motion for summary judgment by December 16, 2011. Should the parties request the Court's assistance, the Court will facilitate the parties' settlement discussions, including by referral to a Magistrate Judge or other alternative dispute resolution mechanism. Signed by Judge Beryl A. Howell on 12/7/2011. (lcbah2) (Entered: 12/07/2011)
2011-12-07		Set/Reset Deadlines: Response to Motion for Summary Judgment due by 12/16/2011. (alp) (Entered: 12/08/2011)
2011-12-16	12	STIPULATION (Voluntary Stipulation of Partial Settlement and Proposed Order for Further Proceedings) by U.S. DEPARTMENT OF TREASURY. (Braswell, Marina) (Entered: 12/16/2011)
2011-12-19		MINUTE ORDER (paperless) Upon the parties' voluntary stipulation of partial settlement, ECF No. 12 , the plaintiff's pending motion for summary judgment, ECF No. 7 , is hereby withdrawn at the plaintiff's request. As detailed more fully in the stipulation, the defendant may have a total of twelve (12) months to process all records. In addition, as detailed in the stipulation, the defendant will produce a Vaughn index within six months of the date of the stipulation and a second Vaughn index at the conclusion of the processing of records. Within ten (10) days of the defendant producing its final Vaughn index, the parties will file with the Court a proposed schedule for further proceedings. Signed by Judge Beryl A. Howell on 12/19/2011. (lcbah2) (Entered: 12/19/2011)
2012-06-18	13	Unopposed MOTION for Extension of Time to Submit to Plaintiff an interim Vaughn Index by U.S. DEPARTMENT OF TREASURY (Braswell, Marina) (Entered: 06/18/2012)
2012-06-19		MINUTE ORDER (paperless) granting 13 Defendant's Unopposed Motion for Extension of Time. The Defendant must file its interim Vaughn index by July 6, 2012. Signed by Judge Beryl A. Howell on 06/19/2012. (lcbah2) (Entered: 06/19/2012)
2012-06-19		Set/Reset Deadlines: Interim Vaughn Index due by 7/6/2012. (alp) (Entered: 06/19/2012)
2012-07-06	14	NOTICE of Filing of Vaughn Declaration, Index and Exhibits by U.S. DEPARTMENT OF TREASURY (Attachments: # 1 Vaughn (Interim) Declaration and Exhibits B-0, # 2 Vaughn Index, Exhibit A)(Braswell, Marina) (Entered: 07/06/2012)
2012-12-19	15	Consent MOTION for Extension of Time to Complete FOIA Processing and Produce Final Vaughn Index by U.S. DEPARTMENT OF TREASURY (Attachments: # 1 Declaration of Allan Blutstein)(Braswell, Marina) (Entered: 12/19/2012)
2012-12-20		MINUTE ORDER (paperless) granting 15 Defendant's Unopposed Motion for Extension of Time. The defendant must complete processing records responsive to plaintiff's request and produce a final Vaughn index on or before January 31, 2013. Signed by Judge Beryl A. Howell on 12/20/12. (lcbah2) (Entered: 12/20/2012)
2012-12-20		Set/Reset Deadlines: Vaughn Index due by 1/31/2013. (tg, ) (Entered: 12/21/2012)
2013-01-30	16	MOTION for Extension of Time to Complete FOIA Processing and Produce Final Vaughn Index by U.S. DEPARTMENT OF TREASURY (Attachments: # 1 Declaration, # 2 Exhibits A-C)(Braswell, Marina) (Entered: 01/30/2013)
2013-02-05	17	NOTICE to the Court by U.S. DEPARTMENT OF TREASURY re 16 MOTION for Extension of Time to Complete FOIA Processing and Produce Final Vaughn Index (Braswell, Marina) (Entered: 02/05/2013)
2013-02-07	18	Memorandum in opposition to re 16 MOTION for Extension of Time to Complete FOIA Processing and Produce Final Vaughn Index filed by CENTER FOR AUTO SAFETY. (Attachments: # 1 Text of Proposed Order, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F)(Almy, Jessica) (Entered: 02/07/2013)
2013-02-13	19	REPLY to opposition to motion re 16 MOTION for Extension of Time to Complete FOIA Processing and Produce Final Vaughn Index filed by U.S. DEPARTMENT OF TREASURY. (Attachments: # 1 Blutstein Declaration, # 2 Exhibit A & B)(Braswell, Marina) (Entered: 02/13/2013)
2013-02-14		MINUTE ORDER (paperless) Upon consideration of the 16 Defendant's Motion for Further Extension of Time, including the declaration and exhibits attached thereto, as well the reasons for opposition set forth in the 18 Plaintiff's Opposition to Motion for a Further Extension of Time, and the exhibits attached thereto, and the 19 Defendant's Reply to Plaintiff's Opposition to Defendant's Motion for Further Extension of Time, the Court will grant the 16 Defendant's Motion for Further Extension of Time, finding that (1) there was good cause for the defendant's delay in filing the motion for an extension of time due, in part, to the defendant's efforts to consult with the plaintiff, including providing a draft declaration, prior to requesting the extension of time from the Court, and (2) the defendant has made diligent progress over the last year with rolling productions of responsive documents to the plaintiff, which given the nature of the responsive documents must be carefully reviewed to avoid the inadvertent or inappropriate disclosure of personal and proprietary information. The SCHEDULING ORDER in this case is thus hereby revised as follows: The defendant must complete processing records responsive to the plaintiff's request on or before March 14, 2013, and the defendant must produce a final Vaughn index on or before March 29, 2013. Signed by Judge Beryl A. Howell on 02/14/2013. (lcbah2) (Entered: 02/14/2013)
2013-02-14		Set/Reset Deadlines: Record processing due by 3/14/2013. Vaughn Index due by 3/29/2013, (tg, ) (Entered: 02/14/2013)
2013-03-28	20	Unopposed MOTION for Extension of Time to File Vaughn Index by U.S. DEPARTMENT OF TREASURY (Attachments: # 1 Blutstein Ddeclaration, # 2 Exhibit A-E)(Braswell, Marina) (Entered: 03/28/2013)
2013-04-01		MINUTE ORDER (paperless) granting 20 Defendant's Unopposed Motion for Further Extension of Time. The defendant shall produce a final Vaughn index by April 29, 2013. Signed by Judge Beryl A. Howell on 04/01/2013. (lcbah2) (Entered: 04/01/2013)
2013-04-01		Set/Reset Deadlines: Final Vaughn Index due by 4/29/2013. (tg, ) (Entered: 04/01/2013)
2013-04-29	21	NOTICE of Filing of final Vaughn Declaration and Index by U.S. DEPARTMENT OF TREASURY (Attachments: # 1 Barrows Declaration, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3)(Braswell, Marina) (Entered: 04/29/2013)
2013-05-08	22	Joint MOTION for Extension of Time to File by CENTER FOR AUTO SAFETY (Attachments: # 1 Text of Proposed Order)(Almy, Jessica) (Entered: 05/08/2013)
2013-05-08		MINUTE ORDER (paperless) granting 22 Joint Motion for an Extension of Time. The parties shall confer and file, by May 17, 2013, a proposed schedule for further proceedings in this matter. Signed by Judge Beryl A. Howell on 05/08/2013. (lcbah2) (Entered: 05/08/2013)
2013-05-08		Set/Reset Deadlines: Proposed schedule due by 5/17/2013. (tg, ) (Entered: 05/08/2013)
2013-05-17	23	NOTICE OF PROPOSED SCHEDULE by CENTER FOR AUTO SAFETY re Set/Reset Deadlines (Attachments: # 1 Text of Proposed Order)(Almy, Jessica) (Entered: 05/17/2013)
2013-05-17		MINUTE ORDER (paperless) Upon consideration of the 23 Proposed Schedule, the parties are directed to file a joint status report on or before August 31, 2013, including, if necessary, a proposed schedule for further proceedings in this matter. Signed by Judge Beryl A. Howell on 05/17/2013. (lcbah2) (Entered: 05/17/2013)
2013-05-20		Set/Reset Deadlines: Joint Status Report due by 8/31/2013. (tg, ) (Entered: 05/20/2013)
2013-09-03	24	STATUS REPORT (Joint) by U.S. DEPARTMENT OF TREASURY. (Braswell, Marina) (Entered: 09/03/2013)
2013-09-06		MINUTE ORDER (paperless): Pursuant to the Joint Status Report 24 filed on September 3, 2013, the parties have agreed to the following schedule: The Department of Treasury ("Treasury") will promptly reconsider the adequacy of ECF No 21-4 as a Vaughn index to the GM records withheld in full or part. By September 10, 2013, the Center for Auto Safety ("Center") will provide additional information to Treasury regarding the specific documents at issue in its request: namely, where Plaintiff finds unclear terms contained in the Chrysler Vaughn index, which redacted documents listed on that Vaughn index that Plaintiff claims are missing from the productions, and which email messages the Center requests be produced in highly redacted form as opposed to withheld altogether, which Plaintiff claims is consistent with the approach that Treasury took in the production of other email messages. By September 17, 2013, Treasury will contact Chrysler to request the company's position on the production of the enumerated email messages in highly redacted form, whereby the to, from, date, and subject lines are produced but the body of the messages is redacted. By September 24, 2013, Treasury will, if warranted, clarify the terms in the Chrysler index and provide the Center redacted documents found to be missing. Finally, by October 2, 2013, the parties will file a joint status report to the Court. Signed by Judge Beryl A. Howell on 09/06/2013. (lcbah2) (Entered: 09/06/2013)
2013-09-06		Set/Reset Deadlines: Joint Status Report due by 10/2/2013 (tg, ) (Entered: 09/06/2013)
2013-10-02	25	STATUS REPORT (Joint) by CENTER FOR AUTO SAFETY. (Almy, Jessica) (Entered: 10/02/2013)
2013-10-03		MINUTE ORDER (paperless) Pursuant to the Joint Status Report 25 filed on October 2, 2013, the parties have agreed to the following schedule: by October 22, 2013, the plaintiff will provide the defendant with a list of records listed on the Chrysler Vaughn index that it no longer wishes to pursue in this litigation; by October 28, 2013, the defendant will confer with General Motors ("GM") regarding the adequacy of ECF No. 21-4 as a Vaughn index to the GM records withheld in full or in part; by November 1, 2013, the defendant will inform the plaintiff whether it will prepare a more detailed Vaughn index to the GM records; and by November 6, 2013, the parties shall file a joint status report proposing a briefing schedule for dispositive motions if necessary. Signed by Judge Beryl A. Howell on 10/03/2013. (lcbah2) (Entered: 10/03/2013)
2013-10-03		Set/Reset Deadlines: Plaintiff's list of records listed on the Chrysler Vaughn index that it no longer wishes to pursue in this litigation due by 10/22/2013. Defendant to confer with GM by 10/28/2013. Defendant to inform Plaintiff whether it will prepare a more detailed Vaughn index to the GM records by 11/1/2013. Joint Status Report due by 11/6/2013. (tg, ) (Entered: 10/03/2013)
2013-10-25	26	NOTICE OF WITHDRAWAL OF APPEARANCE as to CENTER FOR AUTO SAFETY. Attorney Jessica Almy terminated. (Almy, Jessica) (Entered: 10/25/2013)
2013-11-05	27	STATUS REPORT , Joint by U.S. DEPARTMENT OF TREASURY. (Braswell, Marina) (Entered: 11/05/2013)
2013-11-06		MINUTE ORDER (paperless) imposing the following SCHEDULING ORDER in accordance with the 27 Joint Status Report: (1) by November 13, 2013, the plaintiff will produce to defendant a list of purported duplicate documents and documents called "amendments," identified in the Chrysler Vaughn index, some of which may be able to be eliminated from the litigation after further consultation between the parties; (2) by December 31, 2013, defendant will produce the first part of the more detailed GM Vaughn index; (3) by February 28, 2014 defendant will produce the second and final part of the more detailed GM Vaughn index; (4) by March 21, 2014 plaintiff will provide defendant with a list of records listed on the more detailed GM Vaughn index that it no longer wishes to pursue in this litigation; and (5) by March 31, 2014, the parties will file a joint status report to the Court with a proposal for further proceedings in the case. Signed by Judge Beryl A. Howell on 11/06/2013. (lcbah2) (Entered: 11/06/2013)
2013-11-06		Set/Reset Deadlines: List of Duplicate Documents due by 11/13/2013. First Part of Detailed Vaughn Index due by 12/31/2013; Second Part of Detailed Vaughn Index due by 2/28/2014. List of Records Listed on the More Detailed Vaughn Index due by 3/21/2014. Joint Status Report due by 3/31/2014. (tg, ) (Entered: 11/06/2013)
2014-03-25	28	Unopposed MOTION for Extension of Time to File Status Report and Provide List of Records Not at Issue to Defendant by CENTER FOR AUTO SAFETY (Meyer, Katherine) (Entered: 03/25/2014)
2014-03-26		MINUTE ORDER (paperless) GRANTING the plaintiff's 28 Unopposed Motion for Extensions of Time. Accordingly, by April 28, 2014, the plaintiff shall provide the defendant with a list of records listed on the more detailed GM Vaughn Index that it no longer wishes to pursue in this litigation; and by May 7, 2014, the parties shall file a joint status report to the Court with a proposed schedule to govern further proceedings in the case. Signed by Judge Beryl A. Howell on March 26, 2014. (lcbah2) (Entered: 03/26/2014)
2014-03-27		Set/Reset Deadlines: List of records to be provided by Plaintiff due by 4/28/2014. Joint Status Report due by 5/7/2014 (tg, ) (Entered: 03/27/2014)
2014-05-07	29	STATUS REPORT , Joint, by U.S. DEPARTMENT OF TREASURY. (Braswell, Marina) (Entered: 05/07/2014)
2014-05-07		MINUTE ORDER (paperless) DIRECTING the parties, upon consideration of the parties' 29 Joint Status Report, to file by May 28, 2014, a Joint Status Report and proposed schedule, with Proposed Order, to govern further proceedings in this case. Signed by Judge Beryl A. Howell on May 7, 2014. (lcbah3) (Entered: 05/07/2014)
2014-05-08		Set/Reset Deadlines: Joint Status Report due by 5/28/2014. (tg, ) (Entered: 05/08/2014)
2014-05-28	30	STATUS REPORT , Joint by U.S. DEPARTMENT OF TREASURY. (Braswell, Marina) (Entered: 05/28/2014)
2014-05-29		MINUTE ORDER (paperless) ISSUING the following SCHEDULING ORDER, upon consideration of the parties' 30 Joint Status Report, to control further proceedings in this matter: by July 31, 2014 the defendant shall complete the re-review process and release any documents to the plaintiff that are not being withheld pursuant to the FOIA; the defendant shall, by September 15, 2014, file any motion for summary judgment; the plaintiff shall, by October 17, 2014, file any cross-motion for summary judgment and any opposition to the defendant's motion; the defendant shall, by November 7, 2014, file any reply and /or opposition to the plaintiff's cross-motion; the plaintiff shall, by November 25, 2014, file any reply. Signed by Judge Beryl A. Howell on May 29, 2014. (lcbah3) (Entered: 05/29/2014)
2014-05-30		Set/Reset Deadlines: Defendant's release of documents not being withheld pursuant to the FOIA due by 7/31/2014. Summary Judgment motion due by 9/15/2014; Cross-Motion and Opposition to Motion for Summary Judgment due by 10/17/2014; Opposition to Cross-Motion and Reply to Opposition to Motion for Summary Judgment due by 11/7/2014; Reply to Opposition to Cross-Motion due by 11/25/2014. (tg, ) (Entered: 05/30/2014)
2014-05-30	31	Unopposed MOTION to Intervene by GENERAL MOTORS LLC (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Savage, Justin) (Entered: 05/30/2014)
2014-06-02		MINUTE ORDER (paperless) GRANTING the 31 Unopposed Motion to Intervene of General Motors LLC, as defendant-intervenor, and ORDERING that the defendant-intervenor's Answer is deemed timely filed as of the date of this ORDER. Signed by Judge Beryl A. Howell on June 2, 2014. (lcbah3) (Entered: 06/02/2014)
2014-06-02	32	ANSWER to 1 Complaint by GENERAL MOTORS LLC.(rdj) (Entered: 06/03/2014)
2014-09-10	33	Unopposed MOTION to Amend/Correct Scheduling Order,,, by U.S. DEPARTMENT OF TREASURY (Braswell, Marina) (Entered: 09/10/2014)
2014-09-25		MINUTE ORDER (paperless) GRANTING the defendant's 33 Unopposed motion to Amend Briefing Schedule and AMENDING the SCHEDULING ORDER to control the timing of proceedings in this matter as follows: by October 6, 2014, the defendant shall file any motion for summary judgment; by November 6, 2014, the plaintiff shall file any cross-motion for summary judgment and any opposition to defendant's motion for summary judgment; by December 5, 2014, the defendant shall file any opposition to plaintiff's cross-motion and any reply to any opposition to defendants motion for summary judgment; by December 23, 2014, the plaintiff shall file any reply to any opposition to plaintiff's cross-motion for summary judgment. Signed by Judge Beryl A. Howell on September 25, 2014. (lcbah3) (Entered: 09/25/2014)
2014-09-25		Set/Reset Deadlines: By 10/06/2014, the defendant shall file any motion for summary judgment; by 11/06/2014, the plaintiff shall file any cross-motion for summary judgment and any opposition to defendant's motion for summary judgment; by 12/05/2014, the defendant shall file any opposition to plaintiff's cross-motion and any reply to any opposition to defendants motion for summary judgment; by 12/23/2014, the plaintiff shall file any reply to any opposition to plaintiff's cross-motion for summary judgment. (ad) (Entered: 09/25/2014)
2014-10-01	34	Unopposed MOTION to Amend/Correct Order on Motion to Amend/Correct,,, by U.S. DEPARTMENT OF TREASURY (Braswell, Marina) (Entered: 10/01/2014)
2014-10-02		MINUTE ORDER (paperless) GRANTING the defendant's 34 Unopposed motion to Amend Briefing Schedule and AMENDING the SCHEDULING ORDER to control the timing of proceedings in this matter as follows: by October 20, 2014, the defendant shall file any motion for summary judgment; by November 20, 2014, the plaintiff shall file any cross-motion for summary judgment and any opposition to defendant's motion for summary judgment; by December 19, 2014, the defendant shall file any opposition to plaintiff's cross-motion and any reply to any opposition to defendant's motion for summary judgment; and by January 6, 2015, the plaintiff shall file any reply to any opposition to plaintiff's cross-motion for summary judgment. Signed by Judge Beryl A. Howell on October 2, 2014. (lcbah3) (Entered: 10/02/2014)
2014-10-02		Set/Reset Deadlines: Summary Judgment motion due by 10/20/2014; Cross-Motion and Opposition to Motion for Summary Judgment due by 11/20/2014; Opposition to Cross-Motion and Reply to Opposition to Motion for Summary Judgment due by 12/19/2014; Reply to Opposition to Cross Motion due by 1/6/2015. (tg, ) (Entered: 10/02/2014)
2014-10-16	35	Unopposed MOTION to Amend/Correct Order on Motion to Amend/Correct,,, by U.S. DEPARTMENT OF TREASURY (Braswell, Marina) (Entered: 10/16/2014)
2014-10-17		MINUTE ORDER (paperless) GRANTING the defendant's 35 Unopposed Motion to Further Amend Briefing Schedule and AMENDING the SCHEDULING ORDER to control the timing of proceedings in this matter as follows: by October 29, 2014, the defendants shall file any motion for summary judgment; by December 15, 2014, the plaintiff shall file any cross-motion for summary judgment and any opposition to defendants' motion for summary judgment; by January 16, 2015, the defendants shall file any opposition to plaintiff's cross-motion and any reply to any opposition to defendants' motion for summary judgment; and by January 30, 2015, the plaintiff shall file any reply to any opposition to plaintiff's cross-motion for summary judgment. Signed by Judge Beryl A. Howell on October 17, 2014. (lcbah3) (Entered: 10/17/2014)
2014-10-17		Set/Reset Deadlines: Summary Judgment motion due by 10/29/2014; Cross-Motion and Opposition to Motion for Summary Judgment due by 12/15/2014; Opposition to Cross-Motion and Reply to Opposition to Motion for Summary Judgment due by 1/16/2015; Reply to Opposition to Cross Motion due by 1/30/2015. (tg, ) (Entered: 10/17/2014)
2014-10-29	36	MOTION for Summary Judgment by GENERAL MOTORS LLC, U.S. DEPARTMENT OF TREASURY (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Braswell, Marina) (Entered: 10/29/2014)
2014-12-03	37	Consent MOTION for Extension of Time to File Response/Reply as to 36 MOTION for Summary Judgment by CENTER FOR AUTO SAFETY (Attachments: # 1 Text of Proposed Order)(Meyer, Katherine) (Entered: 12/03/2014)
2014-12-03	38	MINUTE ORDER (paperless) GRANTING the plaintiff's 37 Consent Motion for Extension of Time to File Response/Reply as to the Defendant's Motion for Summary Judgment and AMENDING the SCHEDULING ORDER to control the timing of proceedings in this matter as follows: by January 19, 2015, the plaintiff shall file any cross-motion for summary judgment and any opposition to defendant's motion for summary judgment; by February 27, 2015, the defendant shall file any opposition to plaintiff's cross-motion and any reply to any opposition to defendant's motion for summary judgment; by March 13, 2015, the plaintiff shall file any reply to any opposition to plaintiff's cross-motion for summary judgment. Signed by Judge Beryl A. Howell on December 3, 2014. (lcbah3) (Entered: 12/03/2014)
2014-12-04		Set/Reset Deadlines: Cross-Motion and Opposition to Motion for Summary Judgment due by 1/19/2015; Opposition to Cross-Motion and Reply to Opposition to Motion for Summary Judgment due by 2/27/2015; Reply to Opposition to Cross-Motion due by 3/13/2015. (tg, ) (Entered: 12/04/2014)
2014-12-15	39	Proposed MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Andrew C. Lillie, :Firm- Hogan Lovells US LLP, :Address- 1200 17th Street, Suite 1500, Denver Colorado 80202. Phone No. - 303-899-7339. Filing fee $ 100, receipt number 0090-3936451. Fee Status: Fee Paid. by GENERAL MOTORS LLC (Savage, Justin) (Entered: 12/15/2014)
2014-12-16		ENTERED IN ERROR.....MINUTE ORDER (paperless) GRANTING, over the objections of the defendant, the plaintiff's 18 Second Motion for Extension of Time to File Response/Reply. The plaintiff shall, by January 22, 2015, submit any opposition to defendant's 11 Motion for Summary Judgment and Sanctions. Signed by Judge Beryl A. Howell on December 16, 2014. (lcbah3) Modified on 12/16/2014 (tg, ). (Entered: 12/16/2014)
2014-12-16		MINUTE ORDER (paperless) GRANTING the intervenor-defendant's 39 Motion for Admission Pro Hac Vice . Mr. Andrew C. Lillie, Esq. may enter an appearance pro hac vice for the purpose of representing the intervenor-defendant in this action. Signed by Judge Beryl A. Howell on December 16, 2014.(lcbah3) (Entered: 12/16/2014)
2014-12-16		NOTICE OF CORRECTED DOCKET ENTRY: The Minute Order regarding the plaintiff's Motion for Extension of Time to File Response/Reply was entered in error in this case. The parties shall disregard the entry. (tg, ) (Entered: 12/16/2014)
2015-01-20	40	MOTION for Summary Judgment by CENTER FOR AUTO SAFETY (Attachments: # 1 Text of Proposed Order, # 2 Declaration of Clarence M. Ditlow, # 3 Declaration of Joan B. Claybrook, # 4 Exhibit List)(Meyer, Katherine) (Entered: 01/20/2015)
2015-01-20	41	LARGE ADDITIONAL ATTACHMENT(S) Exhibit A by CENTER FOR AUTO SAFETY 40 MOTION for Summary Judgment filed by CENTER FOR AUTO SAFETY. (Attachments: # 1 Exhibit B, # 2 Exhibit C, # 3 Exhibit D, # 4 Exhibit E, # 5 Exhibit F, # 6 Exhibit G)(Meyer, Katherine) (Entered: 01/20/2015)
2015-01-20	42	LARGE ADDITIONAL ATTACHMENT(S) Exhibit H by CENTER FOR AUTO SAFETY 40 MOTION for Summary Judgment filed by CENTER FOR AUTO SAFETY. (Attachments: # 1 Exhibit I, # 2 Exhibit J, # 3 Exhibit K, # 4 Exhibit L, # 5 Exhibit M, # 6 Exhibit N, # 7 Exhibit O, # 8 Exhibit P, # 9 Exhibit Q, # 10 Exhibit R, # 11 Exhibit S, # 12 Exhibit T)(Meyer, Katherine) (Entered: 01/20/2015)
2015-01-20	43	LARGE ADDITIONAL ATTACHMENT(S) Exhibit V by CENTER FOR AUTO SAFETY 40 MOTION for Summary Judgment filed by CENTER FOR AUTO SAFETY. (Attachments: # 1 Exhibit W, # 2 Exhibit X, # 3 Exhibit Y, # 4 Exhibit Z, # 5 Exhibit AA, # 6 Exhibit BB, # 7 Exhibit CC)(Meyer, Katherine) (Entered: 01/20/2015)
2015-01-20	44	LARGE ADDITIONAL ATTACHMENT(S) Exhibit DD by CENTER FOR AUTO SAFETY 40 MOTION for Summary Judgment filed by CENTER FOR AUTO SAFETY. (Attachments: # 1 Exhibit EE, # 2 Exhibit FF, # 3 Exhibit GG, # 4 Exhibit HH, # 5 Exhibit II)(Meyer, Katherine) (Entered: 01/20/2015)
2015-01-20	45	LARGE ADDITIONAL ATTACHMENT(S) Exhibit U by CENTER FOR AUTO SAFETY 40 MOTION for Summary Judgment filed by CENTER FOR AUTO SAFETY. (Meyer, Katherine) (Entered: 01/20/2015)
2015-01-26	46	Unopposed MOTION for Extension of Time to File Response/Reply as to 40 MOTION for Summary Judgment by GENERAL MOTORS LLC, U.S. DEPARTMENT OF TREASURY (Savage, Justin) (Entered: 01/26/2015)
2015-01-26		MINUTE ORDER (paperless) GRANTING the defendant's 46 Unopposed Motion to Amend Briefing Schedule and AMENDING the SCHEDULING ORDER to control the timing of proceedings in this matter as follows: by March 27, 2015, the defendant shall file any opposition to plaintiff's cross-motion and any reply to any opposition to defendant's motion for summary judgment; and by April 13, 2015, the plaintiff shall file any reply to any opposition to plaintiff's cross-motion for summary judgment. Signed by Judge Beryl A. Howell on January 26, 2015. (lcbah3) (Entered: 01/26/2015)
2015-01-27		Set/Reset Deadlines: Defendant's Opposition to Plaintiff's Cross-Motion and Reply to Opposition to Defendant's Motion for Summary Judgment due by 3/27/2015; Plaintiff's Reply to Opposition to Plaintiff's Cross-Motion due by 4/13/2015. (tg, ) (Entered: 01/27/2015)
2015-03-20	47	Unopposed MOTION to Amend/Correct Briefing Schedule by GENERAL MOTORS LLC, U.S. DEPARTMENT OF TREASURY (Savage, Justin) (Entered: 03/20/2015)
2015-03-23		MINUTE ORDER (paperless) GRANTING the defendants' 47 Unopposed Motion to Amend Briefing Schedule and AMENDING the SCHEDULING ORDER to control the timing of proceedings in this matter as follows: by April 17, 2015, the defendants shall file any opposition to plaintiff's cross-motion and any reply to any opposition to defendants' motion for summary judgment; and by May 4, 2015, the plaintiff shall file any reply to any opposition to plaintiff's cross-motion for summary judgment. Signed by Judge Beryl A. Howell on March 23, 2015. (lcbah3) (Entered: 03/23/2015)
2015-03-23		Set/Reset Deadlines: By 4/17/2015, the defendants shall file any opposition to plaintiff's cross-motion and any reply to any opposition to defendants' motion for summary judgment; and by 5/04/2015, the plaintiff shall file any reply to any opposition to plaintiff's cross-motion for summary judgment. (ad) (Entered: 03/23/2015)
2015-04-16	48	Memorandum in opposition to re 40 MOTION for Summary Judgment filed by GENERAL MOTORS LLC, U.S. DEPARTMENT OF TREASURY. (Attachments: # 1 Statement of Facts Response, # 2 Exhibit 1, # 3 Exhibit 2)(Braswell, Marina) (Entered: 04/16/2015)
2015-04-16	49	REPLY to opposition to motion re 36 MOTION for Summary Judgment filed by GENERAL MOTORS LLC, U.S. DEPARTMENT OF TREASURY. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Braswell, Marina) (Entered: 04/16/2015)
2015-05-01	50	Unopposed MOTION for Extension of Time to File Response/Reply as to 40 MOTION for Summary Judgment by CENTER FOR AUTO SAFETY (Meyer, Katherine) (Entered: 05/01/2015)
2015-05-01		MINUTE ORDER (paperless) GRANTING the plaintiff's 50 Unopposed Motion for Extension of Time. Accordingly, the plaintiff shall file any reply in support of its 40 Motion for Summary Judgment by June 8, 2015. Signed by Judge Beryl A. Howell on May 1, 2015. (lcbah3) (Entered: 05/01/2015)
2015-05-04		Set/Reset Deadlines: Reply in Support of Motion for Summary Judgment due by 6/8/2015. (tg, ) (Entered: 05/04/2015)
2015-06-08	51	REPLY to opposition to motion re 40 MOTION for Summary Judgment filed by CENTER FOR AUTO SAFETY. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit)(Meyer, Katherine) (Entered: 06/08/2015)
2015-08-30	52	NOTICE of Change of Address by Katherine A. Meyer (Meyer, Katherine) (Entered: 08/30/2015)
2015-09-30	53	MEMORANDUM OPINION regarding the defendant and defendant-intervenor's 36 Joint Motion for Summary Judgment and the plaintiff's 40 Motion for Summary Judgment. Signed by Judge Beryl A. Howell on September 30, 2015. (lcbah3) (Entered: 09/30/2015)
2015-09-30	54	ORDER GRANTING IN PART and DENYING IN PART without prejudice the defendant and defendant-intervenor's 36 Joint Motion for Summary Judgment and DENYING without prejudice the plaintiff's 40 Motion for Summary Judgment. See Order for further details. Signed by Judge Beryl A. Howell on September 30, 2015. (lcbah3) (Entered: 09/30/2015)
2015-10-16	55	Unopposed MOTION for Extension of Time to File Joint Status Report and Proposed Scheduling Order by GENERAL MOTORS LLC, U.S. DEPARTMENT OF TREASURY (Braswell, Marina) (Entered: 10/16/2015)
2015-10-19		MINUTE ORDER (paperless) GRANTING the defendants' 55 Unopposed Motion for Extension of Time. The parties shall, by December 21, 2015, submit a (1) joint status report and (2) proposed scheduling order as directed in this Court's 53 Memorandum Opinion and 54 Order.Signed by Judge Beryl A. Howell on October 19, 2015. (lcbah3) (Entered: 10/19/2015)
2015-10-19		Set/Reset Deadlines: Joint Status Report and proposed scheduling order due by 12/21/2015. (tg) (Entered: 10/19/2015)
2015-12-21	56	Joint STATUS REPORT by GENERAL MOTORS LLC. (Attachments: # 1 Exhibit A - GM List, # 2 Exhibit B - Chrysler List)(Lillie, Andrew) (Entered: 12/21/2015)
2015-12-22		MINUTE ORDER (paperless) ISSUING, upon consideration of the parties' 56 Joint Status Report, the following SCHEDULING ORDER to control the timing of proceedings in this matter: The defendant and defendant-intervenor shall, by January 29, 2016, provide to the plaintiff a revised, combined Vaughn Index as directed in this Court's 53 Memorandum Opinion and 54 Order. This Vaughn Index and every other listing submitted to the Court shall be numbered to facilitate identification and the number of documents in dispute. The plaintiff shall, by February 12, 2016, identify and notify the defendant and defendant-intervenor of any documents that remain in dispute. The parties shall, by February 26, 2016, submit a joint status report and proposed scheduling order to govern the timing of further proceedings in this action. Signed by Judge Beryl A. Howell on December 22, 2015. (lcbah3) (Entered: 12/22/2015)
2015-12-22		Set/Reset Deadlines: Defendant's and Defendant-Intervenor's revised, combined Vaughn Index due by 1/29/2016; Plaintiff's identification and notification of any documents that remain in dispute due by 2/12/2016; Joint Status Report due by 2/26/2016. (tg) (Entered: 12/22/2015)
2016-02-19	57	Joint MOTION for Extension of Time to Submit Joint Status Report and Proposed Scheduling Order by GENERAL MOTORS LLC (Lillie, Andrew) (Entered: 02/19/2016)
2016-02-19		MINUTE ORDER (paperless) GRANTING the parties' 57 Joint Motion for Extension of Time. The parties shall, by March 11, 2016, submit a joint status report and proposed scheduling order to govern the timing of further proceedings in this action. Signed by Judge Beryl A. Howell on February 19, 2016. (lcbah3) (Entered: 02/19/2016)
2016-02-19		Set/Reset Deadlines: Joint Status Report due by 3/11/2016. (tg) (Entered: 02/19/2016)
2016-03-11	58	Joint STATUS REPORT by GENERAL MOTORS LLC. (Lillie, Andrew) (Entered: 03/11/2016)
2016-03-13		MINUTE ORDER (paperless) DIRECTING, upon consideration of the parties' 58 Joint Status Report, the parties to submit, by March 31, 2016, a joint status report and proposed scheduling order to govern the timing of further proceedings in this action, unless a stipulation of dismissal is filed before that date. Signed by Judge Beryl A. Howell on March 13, 2016. (lcbah3) (Entered: 03/13/2016)
2016-03-14		Set/Reset Deadlines: Joint Status Report and Proposed Scheduling Order due by 3/31/2016. (tg) (Entered: 03/14/2016)
2016-03-30	59	Joint STATUS REPORT by GENERAL MOTORS LLC, U.S. DEPARTMENT OF TREASURY. (Braswell, Marina) (Entered: 03/30/2016)
2016-03-31		MINUTE ORDER (paperless) DIRECTING, upon consideration of the parties' 59 Joint Status Report, the parties to submit, by April 29, 2016, a joint status report and proposed scheduling order to govern the timing of further proceedings in this action, unless a stipulation of dismissal is filed before that date. Signed by Chief Judge Beryl A. Howell on March 31, 2016. (lcbah3) (Entered: 03/31/2016)
2016-03-31		Set/Reset Deadlines: Joint Status Report due by 4/29/2016. (tg) (Entered: 03/31/2016)
2016-04-29	60	Joint STATUS REPORT by GENERAL MOTORS LLC. (Lillie, Andrew) (Entered: 04/29/2016)
2016-04-29		MINUTE ORDER (paperless) DIRECTING, upon consideration of the parties' 60 Joint Status Report, the parties to submit, by May 6, 2016, a joint status report and proposed scheduling order to govern the timing of further proceedings in this action, unless a stipulation of dismissal is filed before that date. Signed by Chief Judge Beryl A. Howell on April 29, 2016. (lcbah3) (Entered: 04/29/2016)
2016-04-29		Set/Reset Deadlines: Joint status report and proposed scheduling order due by 5/6/2016. (tg) (Entered: 04/29/2016)
2016-05-06	61	Joint STATUS REPORT by GENERAL MOTORS LLC. (Lillie, Andrew) (Entered: 05/06/2016)
2016-05-09		MINUTE ORDER (paperless) DIRECTING, upon consideration of the parties' 61 Joint Status Report, the parties to submit, by June 6, 2016, a joint status report and proposed scheduling order to govern the timing of further proceedings in this action, unless a stipulation of dismissal is filed before that date. Signed by Chief Judge Beryl A. Howell on May 9, 2016. (lcbah3) (Entered: 05/09/2016)
2016-05-09		Set/Reset Deadlines: Joint Status Report and Proposed Scheduling Order due by 6/6/2016. (tg) (Entered: 05/09/2016)
2016-05-20	62	STIPULATION of Dismissal [Voluntary Stipulation of Settlement and Order of Dismissal] by GENERAL MOTORS LLC. (Lillie, Andrew) (Entered: 05/20/2016)
2016-05-20		MINUTE ORDER (paperless) DISMISSING this matter with prejudice in light of the parties' 62 Voluntary Stipulation of Settlement and Order of Dismissal, filed pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii). The Clerk is directed to close this case. Although the case is administratively closed, since there are no issues remaining in controversy, this Court retains jurisdiction to hear attorneys' fees disputes. See Gilda Marx, Inc. v. Wildwood Exercise, Inc. , 85 F.3d 675, 677 (D.C. Cir. 1996) (noting that appeals court has jurisdiction to hear appeal from judgment even if attorneys' fees are outstanding); Fed. R. Civ. P. 54(d) (setting forth procedures for attorneys' fees filings after final judgment is entered). Signed by Chief Judge Beryl A. Howell on May 20, 2016. (lcbah3) (Entered: 05/20/2016)
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