Case Detail

FOIA Project Annotation: Judge Dabney Friedrich has ruled that the Department of Commerce has failed to justify its decision not to search some personal email accounts for communications pertaining to government business made or received by non-governmental email accounts established, controlled, or used by Commerce Secretary Wilbur Ross. Commerce located four non-governmental email accounts connected to Ross, two of which were personal accounts and two of which were "alias" accounts, in response to a FOIA request from the Democracy Forward Foundation. A search of Ross's email account using the four personal accounts yielded 56 pages. Because those emails showed that Ross had sent emails to other official email accounts of Commerce employees, the agency agreed to search the official email accounts of an additional 50 employees. That second search yielded an additional 280 email chains, comprising more than 600 pages of documents. After reviewing those email chains, DFF focused on 22 email chains where Ross or other agency employees did not forward emails sent to those personal accounts to official government email accounts. In response, Commerce argued that its searches were adequate because they were reasonably calculated to locate all of the emails requested by DFF, particularly those sent by Ross. However, Friedrich noted that "the declarants focus almost exclusively on those emails the Secretary sent. Missing from these declarations is any representation that the Secretary routinely copied or forwarded all Commerce-related emails that he sent or received through his personal email accounts, such that a search of his personal email account would be duplicative of the official email searches Commerce previously conducted." Friedrich observed that "it appears that many, if not all, of the emails in the exhibits attached to Democracy Forward's reply brief relate to official Commerce business. Commerce discounts a number of these emails as press inquiries and social invitations. But Commerce provides no authority for treating these types of documents differently under FOIA when they relate to the Secretary's official business. Commerce also acknowledged that the Secretary did not copy his official account when he sent four emails from his personal email account." Finding that Commerce had not shown that is searches were sufficient, Friedrich pointed out that "Commerce acknowledged that the Secretary used his primary personal email account for official busines without complying with federal recordkeeping requirements. Yet it limited its search only to official email accounts of the Secretary and other Commerce employees. Commerce's search was not 'reasonably calculated' to uncover all relevant documents."
Issues: Agency Record - Constructive possession

Date Filed	Doc #	Docket Text
2018-02-02	1	COMPLAINT against UNITED STATES DEPARTMENT OF COMMERCE ( Filing fee $ 400 receipt number 0090-5316408), filed by DEMOCRACY FORWARD FOUNDATION. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons, # 4 Summons)(Dubner, Jeffrey) (Entered: 02/02/2018)
2018-02-02		Case Assigned to Judge Dabney L. Friedrich. (zmd) (Entered: 02/05/2018)
2018-02-06	2	SUMMONS (3) Issued Electronically as to UNITED STATES DEPARTMENT OF COMMERCE, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent) (zmd) (Entered: 02/06/2018)
2018-02-08	3	LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by DEMOCRACY FORWARD FOUNDATION (Guzman, Javier) (Entered: 02/08/2018)
2018-02-08	4	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 2/8/2018. ( Answer due for ALL FEDERAL DEFENDANTS by 3/10/2018.), RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 2/8/18., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES DEPARTMENT OF COMMERCE served on 2/7/2018 (Attachments: # 1 Declaration)(Guzman, Javier) (Entered: 02/08/2018)
2018-02-13	5	NOTICE of Appearance by Johnny Hillary Walker, III on behalf of All Defendants (Walker, Johnny) (Entered: 02/13/2018)
2018-03-12	6	ANSWER to 1 Complaint by UNITED STATES DEPARTMENT OF COMMERCE.(Walker, Johnny) Modified to add link on 3/13/2018 (znmw). (Entered: 03/12/2018)
2018-03-13		MINUTE ORDER requiring the parties to MEET AND CONFER and file a Joint Status Report proposing a schedule for further proceedings. The parties shall file the Joint Status Report no later than April 13, 2018. Signed by Judge Dabney L. Friedrich on March 13, 2018. (JK) (Entered: 03/13/2018)
2018-04-13	7	Joint STATUS REPORT by UNITED STATES DEPARTMENT OF COMMERCE. (Attachments: # 1 Text of Proposed Order)(Walker, Johnny) (Entered: 04/13/2018)
2018-04-16		MINUTE ORDER adopting the parties' proposal in their 7 Joint Status Report. Accordingly, it is ORDERED that the parties shall file a further joint status report on or before May 14, 2018. Signed by Judge Dabney L. Friedrich on April 16, 2018. (JK) (Entered: 04/16/2018)
2018-05-14	8	Joint STATUS REPORT by UNITED STATES DEPARTMENT OF COMMERCE. (Walker, Johnny) (Entered: 05/14/2018)
2018-05-30		MINUTE ORDER. Upon consideration of the parties' 8 Joint Status Report, the parties shall submit another joint status report on or before July 5, 2018. Signed by Judge Dabney L. Friedrich on May 30, 2018. (JK) (Entered: 05/30/2018)
2018-07-05	9	MOTION for Extension of Time to File a Joint Status Report by UNITED STATES DEPARTMENT OF COMMERCE (Attachments: # 1 Text of Proposed Order)(Walker, Johnny) (Entered: 07/05/2018)
2018-07-05		MINUTE ORDER granting the defendant's 9 Motion for an Extension of Time. The parties' joint status report shall be filed on or before July 11, 2018 and shall include an explanation why the parties failed to confer in a timely fashion regarding the filing of a joint status report on July 5, 2018. Signed by Judge Dabney L. Friedrich on July 5, 2018. (JK) (Entered: 07/05/2018)
2018-07-06		Set/Reset Deadlines: Status Report due by 7/11/2018. (jl) (Entered: 07/06/2018)
2018-07-11	10	Joint STATUS REPORT by UNITED STATES DEPARTMENT OF COMMERCE. (Attachments: # 1 Text of Proposed Order)(Walker, Johnny) (Entered: 07/11/2018)
2018-07-13		MINUTE ORDER. Upon consideration of the 10 Joint Status Report, it is ORDERED that the parties shall submit another status report on or before August 15, 2018. Signed by Judge Dabney L. Friedrich on July 13, 2018. (JK) (Entered: 07/13/2018)
2018-08-15	11	Joint STATUS REPORT by DEMOCRACY FORWARD FOUNDATION. (Dubner, Jeffrey) (Entered: 08/15/2018)
2018-09-10		MINUTE ORDER. Upon consideration of the parties' 11 Joint Status Report, it is ORDERED that the parties shall submit another joint status report on or before September 19, 2018. Signed by Judge Dabney L. Friedrich on September 10, 2018. (JK) (Entered: 09/10/2018)
2018-09-19	12	Joint STATUS REPORT by UNITED STATES DEPARTMENT OF COMMERCE. (Attachments: # 1 Text of Proposed Order)(Walker, Johnny) (Entered: 09/19/2018)
2018-10-03		MINUTE ORDER. Upon consideration of the parties' 12 Joint Status Report, it is ORDERED that the parties shall submit another joint status report on or before October 19, 2018. Signed by Judge Dabney L. Friedrich on October 3, 2018. (JK) (Entered: 10/03/2018)
2018-10-19	13	Joint STATUS REPORT by UNITED STATES DEPARTMENT OF COMMERCE. (Attachments: # 1 Text of Proposed Order)(Walker, Johnny) (Entered: 10/19/2018)
2018-10-19		MINUTE ORDER. Upon consideration of the parties' 13 Joint Status Report, it is ORDERED that the parties shall file another status report on or before February 19, 2019. Signed by Judge Dabney L. Friedrich on October 19, 2018. (JK) (Entered: 10/19/2018)
2019-02-19	14	Joint STATUS REPORT by UNITED STATES DEPARTMENT OF COMMERCE. (Attachments: # 1 Text of Proposed Order)(Walker, Johnny) (Entered: 02/19/2019)
2019-02-19		MINUTE ORDER. Upon consideration of the parties' 14 Joint Status Report, it is ORDERED that the parties shall file another joint status report on or before May 20, 2019. Signed by Judge Dabney L. Friedrich on February 19, 2019. (JK) (Entered: 02/19/2019)
2019-02-19		Set/Reset Deadlines: Status Report due by 5/20/2019. (JK) (Entered: 02/19/2019)
2019-05-18	15	Joint STATUS REPORT by UNITED STATES DEPARTMENT OF COMMERCE. (Attachments: # 1 Text of Proposed Order)(Walker, Johnny) (Entered: 05/18/2019)
2019-05-21		MINUTE ORDER. Upon consideration of the parties' 15 Joint Status Report, it is ORDERED that the parties shall file another joint status report on or before July 18, 2019. Signed by Judge Dabney L. Friedrich on May 21, 2019. (lcdlf3) (Entered: 05/21/2019)
2019-05-21		Set/Reset Deadlines: Joint Status Report due by 7/18/2019. (zcal) (Entered: 05/21/2019)
2019-07-18	16	Joint STATUS REPORT by DEMOCRACY FORWARD FOUNDATION. (Attachments: # 1 Text of Proposed Order)(Dubner, Jeffrey) (Entered: 07/18/2019)
2019-07-19		MINUTE ORDER. Upon consideration of the parties' 16 Joint Status Report, it is ORDERED that the parties shall file another joint status report on or before August 9, 2019. Signed by Judge Dabney L. Friedrich on July 19, 2019. (lcdlf3) (Entered: 07/19/2019)
2019-07-19		Set/Reset Deadlines: Joint Status Report due by 8/9/2019. (zcal) (Entered: 07/22/2019)
2019-08-09	17	Joint STATUS REPORT by UNITED STATES DEPARTMENT OF COMMERCE. (Attachments: # 1 Text of Proposed Order)(Walker, Johnny) (Entered: 08/09/2019)
2019-08-14		MINUTE ORDER. Upon consideration of the parties' 17 Joint Status Report, it is ORDERED that the parties shall file another joint status report on or before August 16, 2019. So Ordered by Judge Dabney L. Friedrich on August 14, 2019. (lcdlf3) (Entered: 08/14/2019)
2019-08-16	18	Joint STATUS REPORT by DEMOCRACY FORWARD FOUNDATION. (Attachments: # 1 Text of Proposed Order)(Dubner, Jeffrey) (Entered: 08/16/2019)
2019-08-16		MINUTE ORDER granting the parties' proposed briefing schedule set forth in the parties' 18 Joint Status Report. Accordingly, the defendant shall file a motion for summary judgment on or before September 27, 2019; the plaintiff shall file an opposition to defendant's motion for summary judgment and cross-motion for summary judgment on or before October 11, 2019; the defendant shall file an opposition to plaintiff's cross-motion for summary judgment and reply in support of its own motion for summary judgment on or before October 25, 2019; and the plaintiff shall file a reply in support of its cross-motion for summary judgment on or before November 1, 2019. In addition, on or before August 30, 2019, the defendant shall provide the plaintiff with a copy of its supporting declaration(s). So Ordered by Judge Dabney L. Friedrich on August 16, 2019. (lcdlf3) (Entered: 08/16/2019)
2019-08-16		Set/Reset Deadlines: Cross Motions due by 10/11/2019. Response to Cross Motions due by 10/25/2019. Reply to Cross Motions due by 11/1/2019. (zcal) (Entered: 08/19/2019)
2019-08-29	19	Unopposed MOTION to Vacate Order,,,, Set Deadlines,,, in Part by UNITED STATES DEPARTMENT OF COMMERCE (Attachments: # 1 Text of Proposed Order)(Walker, Johnny) (Entered: 08/29/2019)
2019-08-30		MINUTE ORDER granting the 19 Unopposed Motion to Partially Vacate the Court's August 16, 2019 Minute Order. Accordingly, the Court VACATES in part its August 16, 2019 minute order, to the extent that it requires the defendant to provide the plaintiff with a copy of its supporting declaration(s) on or before August 30, 2019. So Ordered by Judge Dabney L. Friedrich on August 30, 2019. (lcdlf3) (Entered: 08/30/2019)
2019-09-26	20	Unopposed MOTION for Extension of Time to by UNITED STATES DEPARTMENT OF COMMERCE (Attachments: # 1 Text of Proposed Order)(Walker, Johnny) (Entered: 09/26/2019)
2019-10-03		MINUTE ORDER granting the defendant's 20 Unopposed Motion for an Extension of Time. Accordingly, the defendant shall file a motion for summary judgment on or before October 11, 2019; the plaintiff shall file an opposition to THE defendant's motion for summary judgment and cross-motion for summary judgment on or before October 25, 2019; the defendant shall file an opposition to plaintiff's cross-motion for summary judgment and reply in support of its own motion on or before November 8, 2019; and the plaintiff shall file a reply in support of its cross-motion for summary judgment on or before November 20, 2019. So Ordered by Judge Dabney L. Friedrich on October 3, 2019. (lcdlf3) (Entered: 10/03/2019)
2019-10-03		Set/Reset Deadlines: Cross Motions due by 10/25/2019. Response to Cross Motions due by 11/8/2019. Response to Motion for Summary Judgment due by 11/8/2019. Reply to Cross Motions due by 11/20/2019. (zcal) (Entered: 10/04/2019)
2019-10-10	21	Unopposed MOTION for Extension of Time to Move for Summary Judgment by UNITED STATES DEPARTMENT OF COMMERCE (Attachments: # 1 Text of Proposed Order)(Walker, Johnny) (Entered: 10/10/2019)
2019-10-10		MINUTE ORDER granting the defendant's 21 Unopposed Motion for an Extension of Time. Accordingly, the defendant shall file a motion for summary judgment on or before October 16, 2019; the plaintiff shall file an opposition the defendant's motion for summary judgment and cross-motion for summary judgment on or before October 30, 2019; the defendant shall file an opposition to plaintiff's cross-motion for summary judgment and reply in support of its own motion on or before November 13, 2019; and the plaintiff shall file a reply in support of its cross-motion for summary judgment on or before November 25, 2019. So Ordered by Judge Dabney L. Friedrich on October 10, 2019. (lcdlf3) Modified on 10/11/2019 to insert lc docketing information (zcal). (Entered: 10/10/2019)
2019-10-10		Set/Reset Deadlines: Cross Motions due by 10/30/2019. Response to Cross Motions due by 11/13/2019. Reply to Cross Motions due by 11/25/2019. (zcal) (Entered: 10/11/2019)
2019-10-16	22	Unopposed MOTION for Extension of Time to File Motion for Summary Judgment by UNITED STATES DEPARTMENT OF COMMERCE (Attachments: # 1 Text of Proposed Order)(Walker, Johnny) (Entered: 10/16/2019)
2019-10-17		MINUTE ORDER granting the defendant's 22 Unopposed Motion for an Extension of Time. Accordingly, the defendant shall file a motion for summary judgment on or before October 23, 2019; the plaintiff shall file an opposition the defendant's motion for summary judgment and cross-motion for summary judgment on or before November 6, 2019; the defendant shall file an opposition to plaintiff's cross-motion for summary judgment and reply in support of its own motion on or before November 20, 2019; and the plaintiff shall file a reply in support of its cross-motion for summary judgment on or before December 4, 2019. So Ordered by Judge Dabney L. Friedrich on October 17, 2019. (lcdlf3) (Entered: 10/17/2019)
2019-10-23	23	MOTION for Summary Judgment by UNITED STATES DEPARTMENT OF COMMERCE (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Declaration of Michael Cannon (with exhibits), # 4 Text of Proposed Order)(Walker, Johnny) (Entered: 10/23/2019)
2019-11-06	24	MOTION for Summary Judgment by DEMOCRACY FORWARD FOUNDATION (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order, # 3 Statement of Facts, # 4 Declaration, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit, # 13 Exhibit, # 14 Exhibit, # 15 Exhibit, # 16 Exhibit, # 17 Exhibit, # 18 Exhibit, # 19 Exhibit, # 20 Exhibit, # 21 Exhibit, # 22 Exhibit, # 23 Exhibit, # 24 Exhibit, # 25 Exhibit, # 26 Exhibit, # 27 Exhibit, # 28 Exhibit)(Dubner, Jeffrey) (Entered: 11/06/2019)
2019-11-06	25	Memorandum in opposition to 23 MOTION for Summary Judgment filed by DEMOCRACY FORWARD FOUNDATION. (See Docket Entry 24 to view document) (ztth) (Entered: 11/14/2019)
2019-11-19	26	Unopposed MOTION for Extension of Time to File Response/Reply by UNITED STATES DEPARTMENT OF COMMERCE (Attachments: # 1 Text of Proposed Order)(Walker, Johnny) (Entered: 11/19/2019)
2019-11-19		MINUTE ORDER granting the defendant's 26 Unopposed Motion for an Extension of Time. Accordingly, the defendant shall file an opposition to plaintiff's 24 Cross-Motion for Summary Judgment and reply in support of its own 23 Motion for Summary Judgment on or before November 27, 2019, and the plaintiff shall file a reply in support of its 24 Cross-Motion for Summary Judgment on or before December 11, 2019. So Ordered by Judge Dabney L. Friedrich on November 19, 2019. (lcdlf3) (Entered: 11/19/2019)
2019-11-27	27	Memorandum in opposition to re 24 MOTION for Summary Judgment filed by UNITED STATES DEPARTMENT OF COMMERCE. (Attachments: # 1 Response to Plaintiff's Statement of Material Facts, # 2 Declaration of Michael Bogomolny (with exhibits))(Walker, Johnny) (Entered: 11/27/2019)
2019-11-27	28	REPLY to opposition to motion re 23 MOTION for Summary Judgment filed by UNITED STATES DEPARTMENT OF COMMERCE. (Attachments: # 1 Response to Plaintiff's Statement of Material Facts, # 2 of Michael Bogomolny (with exhibits))(Walker, Johnny) (Entered: 11/27/2019)
2019-12-05	29	NOTICE OF WITHDRAWAL OF APPEARANCE as to DEMOCRACY FORWARD FOUNDATION. Attorney Javier M. Guzman terminated. (Guzman, Javier) (Entered: 12/05/2019)
2019-12-09	30	Consent MOTION for Extension of Time to File Response/Reply by DEMOCRACY FORWARD FOUNDATION (Attachments: # 1 Text of Proposed Order)(Dubner, Jeffrey) (Entered: 12/09/2019)
2019-12-09		MINUTE ORDER granting the plaintiff's 30 Consent Motion for an Extension of Time. Accordingly, the plaintiff shall file its reply in support of its 24 Motion for Summary Judgment on or before December 18, 2019. So Ordered by Judge Dabney L. Friedrich on December 9, 2019. (lcdlf3) (Entered: 12/09/2019)
2019-12-18	31	REPLY to opposition to 24 MOTION for Summary Judgment filed by DEMOCRACY FORWARD FOUNDATION. (Attachments: # 1 Declaration, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit)(Dubner, Jeffrey); Modified docket entry relationship and text on 12/20/2019 (ztth). (Entered: 12/18/2019)
2020-07-08		MINUTE ORDER. The parties are directed to confer and inform the Court, on or before July 9, 2020, three times on July 13, 14, 15, or 17 when both parties are available for a telephonic hearing on the pending 23 24 Motions for Summary Judgment. At or before the hearing, the Department of Commerce shall inform the Court of the number of individual emails within the 280 email chains produced that were sent or received (including copied and forwarded) by each of the Secretary's four personal email addresses. So Ordered by Judge Dabney L. Friedrich on July 8, 2020. (lcdlf3) (Entered: 07/08/2020)
2020-07-09	32	RESPONSE TO ORDER OF THE COURT re Order,, filed by DEMOCRACY FORWARD FOUNDATION. (Dubner, Jeffrey) (Entered: 07/09/2020)
2020-07-09		MINUTE ORDER. Upon consideration of the parties' 32 Response to Order of the Court, it is ORDERED that the Court shall hold a telephonic hearing on July 14, 2020 at 12:00 p.m. So Ordered by Judge Dabney L. Friedrich on July 9, 2020. (lcdlf3) (Entered: 07/09/2020)
2020-07-14	33	RESPONSE TO ORDER OF THE COURT re Order,, filed by UNITED STATES DEPARTMENT OF COMMERCE. (Attachments: # 1 Supplemental Declaration of Michael Bogomolny)(Walker, Johnny) (Entered: 07/14/2020)
2020-07-14		Minute Entry for Telephone Conference held on 7/14/2020 before Judge Dabney L. Friedrich. Court to issue Opinion from chambers. Court Reporter Sara Wick. (zjch) (Entered: 07/14/2020)
2020-07-21	34	TRANSCRIPT OF MOTION HEARING before Judge Dabney L. Friedrich, held on 07/14/2020. Page Numbers: 1-25. Date of Issuance: 07/21/2020. Court Reporter: Sara Wick, Telephone number 202-354-3284. 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 8/11/2020. Redacted Transcript Deadline set for 8/21/2020. Release of Transcript Restriction set for 10/19/2020.(Wick, Sara) (Entered: 07/21/2020)
2020-07-22	35	ORDER denying the defendant's 23 Motion for Summary Judgment and granting the plaintiff's 24 Motion for Summary Judgment. See Order for details. Signed by Judge Dabney L. Friedrich on July 22, 2020. (lcdlf3) (Entered: 07/22/2020)
2020-07-22	36	MEMORANDUM OPINION regarding the defendant's 23 Motion for Summary Judgment and the plaintiff's 24 Motion for Summary Judgment. See text for details. Signed by Judge Dabney L. Friedrich on July 22, 2020. (lcdlf3) (Entered: 07/22/2020)
2020-07-27	37	Joint MOTION for Extension of Time to File Proposed Schedule by DEMOCRACY FORWARD FOUNDATION (Dubner, Jeffrey) (Entered: 07/27/2020)
2020-07-27		MINUTE ORDER granting the parties' 37 Joint Request for Extension of Time. Accordingly, the parties shall file a proposed schedule for further proceedings on or before July 28, 2020. So Ordered by Judge Dabney L. Friedrich on July 27, 2020. (lcdlf3) (Entered: 07/27/2020)
2020-07-28	38	PROPOSED BRIEFING SCHEDULE AND REQUEST FOR STATUS CONFERENCE (JOINT) by DEMOCRACY FORWARD FOUNDATION. (Dubner, Jeffrey) (Entered: 07/28/2020)
2020-07-28		MINUTE ORDER. Upon consideration of the parties' 38 Joint Proposed Schedule, the parties shall submit a joint status report on or before August 27, 2020. At that time, the Court will determine whether a status conference is appropriate. So Ordered by Judge Dabney L. Friedrich on July 28, 2020. (lcdlf3) (Entered: 07/28/2020)
2020-08-27	39	Joint STATUS REPORT by DEMOCRACY FORWARD FOUNDATION. (Attachments: # 1 Exhibit)(Dubner, Jeffrey) (Entered: 08/27/2020)
2020-08-28		VACATED PURSUANT TO ORDER FILED 9/30/2020.....MINUTE ORDER. Upon consideration of the parties' 39 Joint Status Report, and consistent with the Court's 36 Memorandum Opinion of July 22, 2020, the defendant is directed to produce, on or before September 30, 2020, 50% of the non-privileged documents from the Secretary's primary personal account that are responsive to the plaintiffs FOIA request; the defendant shall produce the remainder of those documents on or before October 30, 2020. The defendant retains discretion as to the specifics of the search terms. So ordered by Judge Dabney L. Friedrich on August 28, 2020. (lcdlf3) Modified to vacate order on 10/1/2020 (zjch). (Entered: 08/28/2020)
2020-08-28		Set/Reset Deadlines: 50% of the non-privileged documents from the Secretary's primary personal account that are responsive to the plaintiffs FOIA request due by 9/30/2020. The remainder of those document are due by 10/30/2020. (zjch) (Entered: 08/31/2020)
2020-09-30	40	Consent MOTION to Modify the Minute Order dated August 28, 2020 by UNITED STATES DEPARTMENT OF COMMERCE (Attachments: # 1 Text of Proposed Order)(Walker, Johnny) (Entered: 09/30/2020)
2020-09-30		MINUTE ORDER. Upon consideration of the defendant's 40 Consent Motion to Modify the Minute Order, it is hereby ORDERED that the motion is GRANTED. Accordingly, the minute order dated August 28, 2020, is vacated. It is further ORDERED that the defendant is directed to produce, on or before October 15, 2020, 50% of the non-exempt documents from the Secretary's primary personal account that are responsive to the plaintiff's FOIA request; the defendant shall produce the remainder of those documents on or before October 30, 2020. The defendant retains discretion as to the specifics of the search terms. So Ordered by Judge Dabney L. Friedrich on September 30, 2020. (lcdlf3) (Entered: 09/30/2020)
2020-10-16		Set/Reset Deadlines: The defendant shall produce the remainder of non-exempt documents from the Secretary's primary personal account that are responsive to the plaintiff's FOIA request by 10/30/2020. (zjch) (Entered: 10/16/2020)
2020-10-30	41	MOTION to Modify the Production Schedule by UNITED STATES DEPARTMENT OF COMMERCE (Attachments: # 1 Text of Proposed Order)(Walker, Johnny) (Entered: 10/30/2020)
2020-10-30	42	Memorandum in opposition to re 41 MOTION to Modify the Production Schedule filed by DEMOCRACY FORWARD FOUNDATION. (Dubner, Jeffrey) (Entered: 10/30/2020)
2020-10-30		MINUTE ORDER directing the defendant to file, on or before October 31, 2020, a reply addressing in full each of the points set forth in the 42 Memorandum in Opposition. So Ordered by Judge Dabney L. Friedrich on October 30, 2020. (lcdlf3) (Entered: 10/30/2020)
2020-10-31	43	REPLY to opposition to motion re 41 MOTION to Modify the Production Schedule filed by UNITED STATES DEPARTMENT OF COMMERCE. (Walker, Johnny) (Entered: 10/31/2020)
2020-11-02		MINUTE ORDER. Upon consideration of the defendant's 41 Motion to Modify the Production Schedule, it is ORDERED that the motion is GRANTED. Accordingly, the defendant is ORDERED to produce, on or before November 13, 2020, all remaining non-exempt documents from the Secretary's primary personal account that are responsive to the plaintiff's FOIA request. No further extensions will be granted. So Ordered by Judge Dabney L. Friedrich on November 2, 2020. (lcdlf3) (Entered: 11/02/2020)
2021-01-13		MINUTE ORDER directing the parties to file, on or before January 20, 2021, a Joint Status Report updating the Court on the status of the document production and proposing a schedule for any further proceedings. So Ordered by Judge Dabney L. Friedrich on January 13, 2021. (lcdlf3) (Entered: 01/13/2021)
2021-01-13		Set/Reset Deadlines: Status Report due by 1/20/2021 (zjch) (Entered: 01/13/2021)
2021-01-20	44	Joint STATUS REPORT by DEMOCRACY FORWARD FOUNDATION. (Dubner, Jeffrey) (Entered: 01/20/2021)
2021-01-21		MINUTE ORDER. Upon consideration of the parties' 44 Joint Status Report, it is ORDERED that the parties shall file another joint status report on or before February 19, 2021. So Ordered by Judge Dabney L. Friedrich on January 21, 2021. (lcdlf3) (Entered: 01/21/2021)
2021-01-21		Set/Reset Deadlines: Status Report due by 2/19/2021 (zjch) (Entered: 01/21/2021)
2021-02-09	45	STIPULATION of Dismissal by DEMOCRACY FORWARD FOUNDATION. (Dubner, Jeffrey) (Entered: 02/09/2021)
2021-02-09		MINUTE ORDER dismissing this case with prejudice in light of the 45 Stipulation of Dismissal. The Clerk of Court is directed to close this case. Signed by Judge Dabney L. Friedrich on February 9, 2021. (lcdlf3) (Entered: 02/09/2021)
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