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Case TitleCarter Fullerton & Hayes, LLC v. Federal Trade Commission
DistrictEastern District of Virginia
CityAlexandria
Case Number1:2014cv00574
Date Filed2014-05-19
Date Closed2014-07-18
JudgeDistrict Judge Anthony J Trenga
PlaintiffCarter Fullerton & Hayes, LLC
Case DescriptionThe law firm of Carter, Fullerton & Hayes submitted a detailed FOIA request to the Federal Trade Commission for records concerning alcoholic beverage regulations and particularly for emails sent to 33 employees of the Bureau of Economics pertaining to searches of their records in response to an earlier FOIA request from the law firm that resulted in litigation. The law firm complained that the agency had failed to provide records it had agreed to disclose as the result of the prior litigation and that its record production and invoicing was inadequate. After failing to resolve the issues, the law firm again filed suit.
Complaint issues: Adequacy - Search

DefendantFederal Trade Commission
Documents
Docket
Complaint
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Complaint attachment 9
Complaint attachment 10
Complaint attachment 11
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2014-05-191COMPLAINT against Federal Trade Commission ( Filing fee $ 400, receipt number 14683043761.), filed by Carter Fullerton & Hayes, LLC. (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 Civil Cover Sheet, # 11 Receipt)(rban, ) (Entered: 05/22/2014)
2014-05-192Summons Issued as to Federal Trade Commission, U.S. Attorney and U.S. Attorney General. For service by process server. (rban, ) (Entered: 05/22/2014)
2014-05-193NOTICE of Appearance by John Laughlin Carter on behalf of Carter Fullerton & Hayes, LLC (rban, ) (Entered: 05/22/2014)
2014-05-194NOTICE of Appearance by Mark Charles Hayes on behalf of Carter Fullerton & Hayes, LLC (rban, ) (Entered: 05/22/2014)
2014-06-045Financial Interest Disclosure Statement (Local Rule 7.1) by Carter Fullerton & Hayes, LLC. (Hayes, Mark) (Entered: 06/04/2014)
2014-06-046CERTIFICATE of Service FTC by Mark Charles Hayes on behalf of Carter Fullerton & Hayes, LLC (Hayes, Mark) (Entered: 06/04/2014)
2014-06-047CERTIFICATE of Service U.S. Attorney General by Mark Charles Hayes on behalf of Carter Fullerton & Hayes, LLC (Hayes, Mark) (Entered: 06/04/2014)
2014-06-048CERTIFICATE of Service U.S. Attorney EDVA by Mark Charles Hayes on behalf of Carter Fullerton & Hayes, LLC (Hayes, Mark) (Entered: 06/04/2014)
2014-06-05Notice of Correction re 6 Certificate of Service, 7 Certificate of Service, 8 Certificate of Service. The documents were electronically filed and it should be filed on paper. The filing user has been notified to file an original paper document with the clerk's office. (clar, ) (Entered: 06/05/2014)
2014-06-199NOTICE of Appearance by Lauren A. Wetzler on behalf of Federal Trade Commission (Wetzler, Lauren) (Entered: 06/19/2014)
2014-06-1910MOTION to Dismiss for Lack of Jurisdiction by Federal Trade Commission. (Wetzler, Lauren) (Entered: 06/19/2014)
2014-06-1911MOTION to Dismiss for Failure to State a Claim by Federal Trade Commission. (Wetzler, Lauren) (Entered: 06/19/2014)
2014-06-1912Memorandum in Support re 10 MOTION to Dismiss for Lack of Jurisdiction , 11 MOTION to Dismiss for Failure to State a Claim filed by Federal Trade Commission. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 2 (Attachments A-H), # 4 Exhibit 2 (Attachments I-P))(Wetzler, Lauren) (Entered: 06/19/2014)
2014-06-1913Notice of Hearing Date set for July 18, 2014 re 10 MOTION to Dismiss for Lack of Jurisdiction , 11 MOTION to Dismiss for Failure to State a Claim (Wetzler, Lauren) (Entered: 06/19/2014)
2014-06-20Set Deadlines as to 10 MOTION to Dismiss for Lack of Jurisdiction , 11 MOTION to Dismiss for Failure to State a Claim . Motion Hearing set for 7/18/2014 at 10:00 AM in Alexandria Courtroom 701 before District Judge Anthony J Trenga. (clar, ) (Entered: 06/20/2014)
2014-06-23Set Deadlines as to 10 MOTION to Dismiss for Lack of Jurisdiction , 11 MOTION to Dismiss for Failure to State a Claim . Motion Hearing set for 7/18/2014 at 10:00 AM in Alexandria Courtroom 701 before District Judge Anthony J Trenga. (clar, ) (Entered: 06/23/2014)
2014-06-3014RESPONSE in Opposition re 11 MOTION to Dismiss for Failure to State a Claim filed by Carter Fullerton & Hayes, LLC. (Hayes, Mark) (Entered: 06/30/2014)
2014-06-3015RESPONSE in Opposition re 10 MOTION to Dismiss for Lack of Jurisdiction filed by Carter Fullerton & Hayes, LLC. (Hayes, Mark) (Entered: 06/30/2014)
2014-06-3016Memorandum in Opposition re 10 MOTION to Dismiss for Lack of Jurisdiction , 11 MOTION to Dismiss for Failure to State a Claim filed by Carter Fullerton & Hayes, LLC. (Attachments: # 1 Affidavit Declaration, # 2 Exhibit Attachment A, # 3 Exhibit Attachment B, # 4 Exhibit Attachment C)(Hayes, Mark) (Entered: 06/30/2014)
2014-06-3017Memorandum in Opposition re 10 MOTION to Dismiss for Lack of Jurisdiction filed by Carter Fullerton & Hayes, LLC. (Attachments: # 1 Proposed Order)(Hayes, Mark) (Entered: 06/30/2014)
2014-07-0218Consent MOTION for Extension of Time to File Response/Reply in Support of Defendant's Motion to Dismiss by Federal Trade Commission. (Attachments: # 1 Proposed Order)(Wetzler, Lauren) (Entered: 07/02/2014)
2014-07-0319ORDER granting 18 Motion for Extension of Time to File Response/Reply re MOTION to Dismiss. Replies due by 7/8/2014. Signed by District Judge Anthony J Trenga on 7/3/14. (gwalk, ) (Entered: 07/03/2014)
2014-07-0820REPLY to Response to Motion re 10 MOTION to Dismiss for Lack of Jurisdiction , 11 MOTION to Dismiss for Failure to State a Claim filed by Federal Trade Commission. (Attachments: # 1 Exhibit DREX 1 - DREX 4)(Wetzler, Lauren) (Entered: 07/08/2014)
2014-07-1721NOTICE by Federal Trade Commission (Attachments: # 1 Exhibit)(Wetzler, Lauren) (Entered: 07/17/2014)
2014-07-1822Minute Entry for proceedings held before District Judge Anthony J Trenga: Motion Hearing held on 7/18/2014 re 10 MOTION to Dismiss for Lack of Jurisdiction filed by Federal Trade Commission, and 11 MOTION to Dismiss for Failure to State a Claim filed by Federal Trade Commission. Appearances of Counsel for Pltf. and Deft. Motions argued and GRANTED. Order to follow. (Court Reporter R. Montgomery.) (jall) (Entered: 07/21/2014)
2014-07-1823ORDER re: 10 Motion to Dismiss for Lack of Jurisdiction and 11 Motion to Dismiss for Failure to State a Claim: This matter is before the Court on Defendant Federal Trade Commission's Motion to Dismiss [Doc. Nos. 10 & 11] ("the Motion"). Upon consideration of the Motion, the memoranda submitted in support thereof and in opposition thereto, and the arguments of counsel at the hearing held on July 18,2014, and for the reasons stated in open court, it is hereby ORDERED that Defendant Federal Trade Commission's Motion to Dismiss [Doc. Nos. 10& 11] be, and the same hereby is, GRANTED, and that this action be, and the same hereby is, DISMISSED. Signed by District Judge Anthony J Trenga on 7/18/2014. (jall) (Entered: 07/21/2014)
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by FOIA Project Staff
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