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Case TitleCOMPETITIVE ENTERPRISE INSTITUTE v. UNITED STATES DEPARTMENT OF JUSTICE
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2017cv01771
Date Filed2017-08-30
Date Closed2019-03-04
JudgeJudge Emmet G. Sullivan
PlaintiffCOMPETITIVE ENTERPRISE INSTITUTE
Case DescriptionThe Competitive Enterprise Institute submitted a FOIA request to the Civil Right Division at the Department of Justice concerning its investigation of the University of California-Berkeley. The agency responded to CEI by denying the records under Exemption 5 (privileges), Exemption 7(A) (interference with ongoing investigation or proceeding), and Exemption 7(C) (invasion of privacy concerning law enforcement records). CEI filed an administrative appeal with the Office of Information Policy. OIP upheld the denial of records under Exemption 7(A) only. CEI then filed suit.
Complaint issues: Litigation - Attorney's fees

DefendantUNITED STATES DEPARTMENT OF JUSTICE
DefendantUNITED STATES DEPARTMENT OF JUSTICE
950 Pennsylvania Avenue, NW
Washington, DC 20530-0001
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2017-08-301COMPLAINT against UNITED STATES DEPARTMENT OF JUSTICE ( Filing fee $ 400 receipt number 0090-5096060) filed by COMPETITIVE ENTERPRISE INSTITUTE. (Attachments: # 1 Civil Cover Sheet, # 2 Summons for the U.S. Attorney, # 3 Summons for the Department of Justice, # 4 Summons for the Attorney General)(Bader, Hans) (Entered: 08/30/2017)
2017-08-30Case Assigned to Judge Emmet G. Sullivan. (sth) (Entered: 08/31/2017)
2017-08-312SUMMONS (3) Issued Electronically as to UNITED STATES DEPARTMENT OF JUSTICE, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Summons, # 2 Summons, # 3 Summons)(sth) (Entered: 08/31/2017)
2017-08-313Corporate Disclosure Statement by COMPETITIVE ENTERPRISE INSTITUTE. (Bader, Hans) (Entered: 08/31/2017)
2017-08-314STANDING ORDER: The parties are directed to read the attached Standing Order Governing Civil Cases Before Judge Emmet G. Sullivan in its entirety upon receipt. The parties are hereby ORDERED to comply with the directives in the attached Standing Order. Signed by Judge Emmet G. Sullivan on 08/31/17. (Attachment: # 1 Exhibit 1) (mac) (Entered: 08/31/2017)
2017-09-065RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES DEPARTMENT OF JUSTICE served on 9/6/2017, RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 9/6/2017., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 9/6/2017. ( Answer due for ALL FEDERAL DEFENDANTS by 10/6/2017.) (Bader, Hans) (Entered: 09/06/2017)
2017-09-146NOTICE of Appearance by Damon William Taaffe on behalf of UNITED STATES DEPARTMENT OF JUSTICE (Taaffe, Damon) (Entered: 09/14/2017)
2017-10-067ANSWER to Complaint by UNITED STATES DEPARTMENT OF JUSTICE.(Taaffe, Damon) (Entered: 10/06/2017)
2017-10-138NOTICE of Appearance by Sam Kazman on behalf of COMPETITIVE ENTERPRISE INSTITUTE (Kazman, Sam) (Entered: 10/13/2017)
2017-10-139NOTICE OF WITHDRAWAL OF APPEARANCE as to COMPETITIVE ENTERPRISE INSTITUTE. Attorney Hans Frank Bader terminated. (Bader, Hans) (Entered: 10/13/2017)
2017-10-24MINUTE ORDER. Plaintiff brings this action pursuant to the Freedom of Information Act ("FOIA"), 5 U.S.C. § 552. The parties are directed to meet and confer and propose a joint scheduling order for further proceedings in this case by no later than November 20, 2017. The parties' joint proposed scheduling order shall address the following: (1) The status of plaintiff's FOIA request; (2) The anticipated number of documents responsive to plaintiff's FOIA request; (3) The anticipated date(s) for release of documents responsive to plaintiff's FOIA request; (4) Whether a motion for an Open America stay is likely in this case; (5) Whether a Vaughn index will be required in this case; (6) Whether this case would benefit from referral to a magistrate judge or the District Court Mediation Program for purposes of settlement; and (7) A proposed briefing schedule for dispositive motions, if applicable. If the parties are unable to agree on a joint recommendation, the joint proposed scheduling order shall include each party's individual recommendations. Signed by Judge Emmet G. Sullivan on October 24, 2017. (lcegs2) (Entered: 10/24/2017)
2017-10-25Set/Reset Deadlines: Joint Scheduling Order Or Each Party Recommendation due by 11/20/2017. (mac) (Entered: 10/25/2017)
2017-11-2010Joint STATUS REPORT by UNITED STATES DEPARTMENT OF JUSTICE. (Taaffe, Damon) (Entered: 11/20/2017)
2017-11-22MINUTE ORDER. In view of 10 the parties' joint status report, the parties are directed to file a further joint status report, including an update on the parties' progress and a recommendation for further proceedings, if any, by no later than December 22, 2017. Signed by Judge Emmet G. Sullivan on November 22, 2017. (lcegs2) (Entered: 11/22/2017)
2017-11-22Set/Reset Deadlines: Joint Status Report due by 12/22/2017. (znbn) (Entered: 11/22/2017)
2017-12-1111NOTICE of Appearance by Charles Devin Watkins on behalf of COMPETITIVE ENTERPRISE INSTITUTE (Watkins, Charles) (Entered: 12/11/2017)
2017-12-1912Joint STATUS REPORT by UNITED STATES DEPARTMENT OF JUSTICE. (Taaffe, Damon) (Entered: 12/19/2017)
2017-12-20MINUTE ORDER. In view of 12 the parties' joint status report, the parties are directed to file a further joint status report by no later than January 18, 2018. Signed by Judge Emmet G. Sullivan on December 20, 2017. (lcegs2) (Entered: 12/20/2017)
2017-12-21Set/Reset Deadlines: Joint Status Report due by 1/18/2018 (mac) (Entered: 12/21/2017)
2018-01-1713Joint STATUS REPORT by UNITED STATES DEPARTMENT OF JUSTICE. (Taaffe, Damon) (Entered: 01/17/2018)
2018-02-13MINUTE ORDER. In view of 13 the parties' joint status report, the parties are directed to file a further joint status report by no later than February 20, 2018. Signed by Judge Emmet G. Sullivan on February 13, 2018. (lcegs2) (Entered: 02/13/2018)
2018-02-13Set/Reset Deadlines: Joint Status Report due by 2/20/2018. (mac) (Entered: 02/13/2018)
2018-02-1614Joint STATUS REPORT by UNITED STATES DEPARTMENT OF JUSTICE. (Taaffe, Damon) (Entered: 02/16/2018)
2018-03-07MINUTE ORDER. In view of 14 the parties' joint status report, the parties are directed to file a further joint status report by no later than March 22, 2018. Signed by Judge Emmet G. Sullivan on March 7, 2018. (lcegs2) (Entered: 03/07/2018)
2018-03-07Set/Reset Deadlines: Joint Status Report due by 3/22/2018. (mac) (Entered: 03/07/2018)
2018-03-2215Joint STATUS REPORT by COMPETITIVE ENTERPRISE INSTITUTE. (Watkins, Charles) (Entered: 03/22/2018)
2018-03-26MINUTE ORDER, In view of 15 the parties' joint status report, the parties are directed to file a further joint status report by no later than June 19, 2018. Signed by Judge Emmet G. Sullivan on March 26, 2018. (lcegs2) (Entered: 03/26/2018)
2018-03-26Set/Reset Deadlines: Joint Status Report due by 6/19/2018. (mac) (Entered: 03/26/2018)
2018-04-0316NOTICE of Appearance by Sherri L. Morgan on behalf of UNITED STATES DEPARTMENT OF JUSTICE (Morgan, Sherri) (Entered: 04/03/2018)
2018-06-1917Joint STATUS REPORT by UNITED STATES DEPARTMENT OF JUSTICE. (Morgan, Sherri) (Entered: 06/19/2018)
2018-06-20MINUTE ORDER. In view of 17 the parties' joint status report, the parties are directed to file a further joint status report by no later than September 17, 2018. Signed by Judge Emmet G. Sullivan on June 20, 2018. (lcegs2) (Entered: 06/20/2018)
2018-06-21Set/Reset Deadlines: Joint Status Report due by 9/17/2018. (mac) (Entered: 06/21/2018)
2018-09-1718Joint STATUS REPORT by UNITED STATES DEPARTMENT OF JUSTICE. (Morgan, Sherri) (Entered: 09/17/2018)
2018-09-18MINUTE ORDER. In light of 18 the parties' joint status report, the parties are directed to file a further joint status report by no later than November 17, 2018. Signed by Judge Emmet G. Sullivan on 9/18/2018. (lcegs2) (Entered: 09/18/2018)
2018-09-18Set/Reset Deadlines: Further Joint Status Report due by 11/17/2018. (mac) (Entered: 09/18/2018)
2018-09-2819NOTICE OF SUBSTITUTION OF COUNSEL by Joshua M. Kolsky on behalf of UNITED STATES DEPARTMENT OF JUSTICE Substituting for attorney Damon Taaffe and Sherri Morgan (Kolsky, Joshua) (Entered: 09/28/2018)
2018-11-1920Joint STATUS REPORT by UNITED STATES DEPARTMENT OF JUSTICE. (Kolsky, Joshua) (Entered: 11/19/2018)
2018-11-20MINUTE ORDER. In light of 20 the parties' joint status report, the parties are directed to submit a further joint status report by no later than December 29, 2018. Signed by Judge Emmet G. Sullivan on 11/20/2018. (lcegs2) (Entered: 11/20/2018)
2018-11-21Set/Reset Deadlines: Joint Status Report due by 12/29/2018. (mac) (Entered: 11/21/2018)
2018-12-0721NOTICE OF SUBSTITUTION OF COUNSEL by Paul Cirino on behalf of UNITED STATES DEPARTMENT OF JUSTICE Substituting for attorney Joshua M. Kolsky (Cirino, Paul) (Entered: 12/07/2018)
2018-12-2622Unopposed MOTION to Stay in Light of Lapse of Appropriations by UNITED STATES DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Cirino, Paul) (Entered: 12/26/2018)
2018-12-27MINUTE ORDER granting 22 unopposed motion to stay in light of lapse of appropriations. Defendants are directed to notify the Court when appropriations are restored or if a continuing resolution is enacted. Signed by Judge Emmet G. Sullivan on 12/27/2018. (lcegs2) (Entered: 12/27/2018)
2019-01-2923NOTICE of Restored Government Funding by UNITED STATES DEPARTMENT OF JUSTICE (Cirino, Paul) (Entered: 01/29/2019)
2019-01-29MINUTE ORDER directing the parties to file a joint status report with a recommendation for further proceedings by no later than February 18, 2019. Signed by Judge Emmet G. Sullivan on 1/29/2019. (lcegs2) (Entered: 01/29/2019)
2019-01-30Set/Reset Deadlines: Joint Status Report due by 2/18/2019. (mac) (Entered: 01/30/2019)
2019-02-1924Joint STATUS REPORT by UNITED STATES DEPARTMENT OF JUSTICE. (Cirino, Paul) (Entered: 02/19/2019)
2019-02-20MINUTE ORDER. In light of the parties' joint status report, the parties are directed to file a notice of dismissal or, in the event the parties do not informally resolve this matter, a joint scheduling order by no later than March 12, 2019. Signed by Judge Emmet G. Sullivan on 2/20/2019. (lcegs2) (Entered: 02/20/2019)
2019-02-21Set/Reset Deadlines: Joint Scheduling Order due by 3/12/2019. (mac) (Entered: 02/21/2019)
2019-03-0125STIPULATION of Dismissal and Settlement by COMPETITIVE ENTERPRISE INSTITUTE. (Watkins, Charles) (Entered: 03/01/2019)
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