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Case TitleCAUSE OF ACTION INSTITUTE v. FEDERAL TRADE COMMISSION
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2017cv01649
Date Filed2017-08-15
Date Closed2018-02-15
JudgeChief Judge Beryl A. Howell
PlaintiffCAUSE OF ACTION INSTITUTE
Case DescriptionCause of Action Institute submitted a FOIA request to the Federal Trade Commission for records concerning communications with the House Government Oversight Committee pertaining to an FTC Docket for LabMD, Inc. Cause of Action Institute also requested a fee waiver. The agency acknowledged receipt of the request and denied COA's request for a fee waiver. The agency located 33 pages responsive to the second part of COA's request. It withheld some pages under the Constitution's Speech and Debate Clause, as well as Exemption 7(A) (interference with ongoing investigation or proceeding), Exemption 6 (invasion of privacy), and Exemption 7(C) (invasion of privacy concerning law enforcement records). The agency then denied COA's request for a fee waiver. COA filed an administrative appeal of the agency's denial of its request for a fee waiver as well as the exemptions claims made by the agency. The agency upheld its denial of COA's request for a fee waiver, finding that because COA was involved in the LabMD litigation it had a commercial purpose for requesting the records. The agency then told COA that it had found 1.5 GB of materials and would disclose those portions that were not exempt. The agency continued with its earlier exemption claims and added claims under Exemption 5 (privileges) and Exemption 3 (other statutes). COA filed an administrative appeal of the second round of exemption claims. The agency upheld its decision on appeal. COA then filed suit.
Complaint issues: 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
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Complaint attachment 11
Complaint attachment 12
Complaint attachment 13
Complaint attachment 14
Complaint attachment 15
Complaint attachment 16
Complaint attachment 17
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2017-08-151COMPLAINT against FEDERAL TRADE COMMISSION ( Filing fee $ 400 receipt number 0090-5074273) 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 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Civil Cover Sheet, # 15 Summons FTC, # 16 Summons AG, # 17 Summons Clerk)(Mulvey, Ryan) (Entered: 08/15/2017)
2017-08-152Corporate Disclosure Statement by CAUSE OF ACTION INSTITUTE. (Mulvey, Ryan) (Entered: 08/15/2017)
2017-08-153NOTICE of Appearance by Lee A. Steven on behalf of CAUSE OF ACTION INSTITUTE (Steven, Lee) (Entered: 08/15/2017)
2017-08-15Case Assigned to Chief Judge Beryl A. Howell. (zsb) (Entered: 08/15/2017)
2017-08-154SUMMONS (3) Issued Electronically as to FEDERAL TRADE COMMISSION, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Consent Form)(zsb) (Entered: 08/15/2017)
2017-08-155STANDING ORDER. Signed by Chief Judge Beryl A. Howell on August 15, 2017 (lcbah4) (Entered: 08/15/2017)
2017-08-286RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. FEDERAL TRADE COMMISSION served on 8/17/2017 (Mulvey, Ryan) (Entered: 08/28/2017)
2017-08-287RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 8/18/2017. Answer due for ALL FEDERAL DEFENDANTS by 9/17/2017. (Mulvey, Ryan) (Entered: 08/28/2017)
2017-08-288RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 08/18/2017. (Mulvey, Ryan) (Entered: 08/28/2017)
2017-09-189ANSWER to Complaint by FEDERAL TRADE COMMISSION.(Beckenhauer, Eric) (Entered: 09/18/2017)
2017-10-0210Joint STATUS REPORT by FEDERAL TRADE COMMISSION. (Beckenhauer, Eric) (Entered: 10/02/2017)
2017-10-03MINUTE ORDER (paperless) ISSUING, upon consideration of the parties' 10 Joint Status Report, the following SCHEDULING ORDER to control the timing of further proceedings: The parties shall, by November 15, 2017, submit a further joint status report advising the Court whether the parties have resolved all disputes regarding the defendant's response to the plaintiff's FOIA request, or whether dispositive motions are anticipated and, if so, proposing a schedule to govern further proceedings. Signed by Chief Judge Beryl A. Howell on October 3, 2017. (lcbah4) (Entered: 10/03/2017)
2017-10-03Set/Reset Deadlines: Joint Status Report due by 11/15/2017. (tg) (Entered: 10/03/2017)
2017-11-1511Joint STATUS REPORT by FEDERAL TRADE COMMISSION. (Beckenhauer, Eric) (Entered: 11/15/2017)
2017-11-15MINUTE ORDER (paperless) ISSUING, upon consideration of the parties' 11 Joint Status Report, the following SCHEDULING ORDER to control the timing of further proceedings: The parties shall, by December 15, 2017, submit a further joint status report advising the Court whether the parties have resolved all disputes regarding the defendant's response to the plaintiff's FOIA request, or whether dispositive motions are anticipated and, if so, proposing a schedule to govern further proceedings. Signed by Chief Judge Beryl A. Howell on November 15, 2017. (lcbah4) (Entered: 11/15/2017)
2017-11-15Set/Reset Deadlines: Joint Status Report due by 12/15/2017. (tg) (Entered: 11/15/2017)
2017-12-1512Joint STATUS REPORT by FEDERAL TRADE COMMISSION. (Beckenhauer, Eric) (Entered: 12/15/2017)
2017-12-15MINUTE ORDER (paperless) ISSUING, upon consideration of the parties' 12 Joint Status Report, the following SCHEDULING ORDER to control the timing of further proceedings: The parties shall, by January 30, 2018, submit a further joint status report advising the Court whether the parties have resolved all disputes regarding the defendant's response to the plaintiff's FOIA request, or whether dispositive motions are anticipated and, if so, proposing a schedule to govern further proceedings. Signed by Chief Judge Beryl A. Howell on December 15, 2017. (lcbah4) (Entered: 12/15/2017)
2017-12-19Set/Reset Deadlines: Joint Status Report due by 1/30/2018. (tg) (Entered: 12/19/2017)
2018-01-3013Joint STATUS REPORT by FEDERAL TRADE COMMISSION. (Beckenhauer, Eric) (Entered: 01/30/2018)
2018-01-31MINUTE ORDER (paperless) ISSUING, upon consideration of the parties' 13 Joint Status Report, the following SCHEDULING ORDER to control the timing of further proceedings: The parties shall, by February 14, 2018, submit a further joint status report advising the Court whether the parties have resolved all disputes regarding the defendant's response to the plaintiff's FOIA request, or whether dispositive motions are anticipated and, if so, proposing a schedule to govern further proceedings. Signed by Chief Judge Beryl A. Howell on January 31, 2018. (lcbah4) (Entered: 01/31/2018)
2018-01-31Set/Reset Deadlines: Joint Status Report due by 2/14/2018. (tg) (Entered: 01/31/2018)
2018-02-1414STIPULATION of Dismissal by FEDERAL TRADE COMMISSION. (Beckenhauer, Eric) (Entered: 02/14/2018)
2018-02-14MINUTE ORDER (paperless) DISMISSING this matter with prejudice in light of the parties' 14 Stipulation of Dismissal. The Clerk is directed to close this case. Signed by Chief Judge Beryl A. Howell on February 14, 2018. (lcbah4) (Entered: 02/14/2018)
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