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Case TitleDEMOCRACY FORWARD FOUNDATION v. U.S. DEPARTMENT OF COMMERCE
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2018cv01799
Date Filed2018-07-31
Date Closed2020-01-06
JudgeJudge Carl J. Nichols
PlaintiffDEMOCRACY FORWARD FOUNDATION
Case DescriptionDemocracy Forward Foundation submitted a FOIA request to the Department of Commerce for records concerning a number of political appointments. DFF also requested a fee waiver. After hearing nothing further from the agency, DFF filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Vaughn index, Litigation - Attorney's fees

DefendantU.S. DEPARTMENT OF COMMERCE
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

2018-07-311COMPLAINT against U.S. DEPARTMENT OF COMMERCE ( Filing fee $ 400 receipt number 0090-5613413) filed by DEMOCRACY FORWARD FOUNDATION. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons, # 4 Summons)(Jones, Karianne) (Entered: 07/31/2018)
2018-08-01Case Assigned to Judge Amit P. Mehta. (zsb) (Entered: 08/02/2018)
2018-08-022SUMMONS (3) Issued Electronically as to U.S. DEPARTMENT OF COMMERCE, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(zsb) (Entered: 08/02/2018)
2018-08-073LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by DEMOCRACY FORWARD FOUNDATION (Jones, Karianne) (Entered: 08/07/2018)
2018-08-154RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 8/6/2018. ( Answer due for ALL FEDERAL DEFENDANTS by 9/5/2018.), RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 8/6/18., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF COMMERCE served on 8/6/2018 (Attachments: # 1 Declaration)(Jones, Karianne) (Entered: 08/15/2018)
2018-08-165NOTICE of Appearance by William Mark Nebeker on behalf of U.S. DEPARTMENT OF COMMERCE (Nebeker, William) (Entered: 08/16/2018)
2018-09-056Unopposed MOTION for Extension of Time to File Answer re 1 Complaint, by U.S. DEPARTMENT OF COMMERCE (Attachments: # 1 Text of Proposed Order)(Nebeker, William) (Entered: 09/05/2018)
2018-09-06MINUTE ORDER granting Defendant's 6 Unopposed Motion for Enlargement of Time. Defendant shall respond to Plaintiff's Complaint no later than September 12, 2018. Signed by Judge Amit P. Mehta on 09/06/2018. (lcapm1) (Entered: 09/06/2018)
2018-09-06Set/Reset Deadlines: Defendant's Responsive Pleading to Complaint due by 9/12/2018. (zjd) (Entered: 09/07/2018)
2018-09-127ANSWER to Complaint by U.S. DEPARTMENT OF COMMERCE.(Nebeker, William) (Entered: 09/12/2018)
2018-09-138ORDER. Both a Complaint and an Answer are now before the court in this FOIA case. It is hereby ordered that the parties shall meet and confer and file a Joint Status Report on or before September 27, 2018. The Joint Status Report shall include (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 the documents requested by Plaintiff; (4) whether a motion for stay is likely under Open America v. Watergate Special Prosecution Force, 547 F.2d 605 (D.C. Cir. 1976); and (5) whether the parties anticipate summary judgment briefing and, if so, a proposed briefing schedule. Please see the attached Order for further details. Signed by Judge Amit P. Mehta on 09/13/2018. (lcapm1) (Entered: 09/13/2018)
2018-09-13Set/Reset Deadlines: Joint Status Report due by 9/27/2018. (zjd) (Entered: 09/14/2018)
2018-09-13Set/Reset Deadlines: Joint Status Report due by 9/27/2018. (zjd) (Entered: 09/14/2018)
2018-09-279Joint STATUS REPORT by U.S. DEPARTMENT OF COMMERCE. (Nebeker, William) (Entered: 09/27/2018)
2018-09-28MINUTE ORDER. Upon consideration of the parties' 9 September 27, 2018, Joint Status Report, the parties are directed to file another Joint Status Report, on or before October 29, 2018, that updates the court on their progress and, if necessary, proposes a briefing schedule for summary judgment. Signed by Judge Amit P. Mehta on 09/28/2018. (lcapm1) (Entered: 09/28/2018)
2018-09-28Set/Reset Deadlines: Joint Status Report due by 10/29/2018. (zjd) (Entered: 09/28/2018)
2018-10-2910Joint STATUS REPORT by U.S. DEPARTMENT OF COMMERCE. (Nebeker, William) (Entered: 10/29/2018)
2018-10-30MINUTE ORDER. The parties shall file an additional Joint Status Report no later than November 29, 2018, updating the court on the agency's search and production efforts in response to Plaintiff's FOIA request. Signed by Judge Amit P. Mehta on 10/30/2018. (lcapm1) (Entered: 10/30/2018)
2018-10-30Set/Reset Deadlines: Joint Status Report due by 11/29/2018. (zjd) (Entered: 10/31/2018)
2018-11-2911Joint STATUS REPORT by U.S. DEPARTMENT OF COMMERCE. (Nebeker, William) (Entered: 11/29/2018)
2018-11-29MINUTE ORDER. Upon consideration of the parties' 11 November 29, 2018, Joint Status Report, the parties are directed to file another Joint Status Report, on or before January 9, 2019, that updates the court on their progress. Signed by Judge Amit P. Mehta on 11/29/2018. (lcapm1) (Entered: 11/29/2018)
2018-11-29Set/Reset Deadlines: Joint Status Report due by 1/9/2019. (zjd) (Entered: 12/03/2018)
2019-01-0812Unopposed MOTION to Stay (Defendant's Unopposed Motion to Stay Proceedings in Light of Lapse in Appropriations) by U.S. DEPARTMENT OF COMMERCE (Attachments: # 1 Text of Proposed Order)(Nebeker, William) (Entered: 01/08/2019)
2019-01-10ORDER granting 12 Defendant's Unopposed Motion to Stay Proceedings. This matter is hereby stayed. Within three business days of Department of Justice operations resuming, Defendant shall notify the court by when the parties will file their Joint Status Report. Signed by Judge Amit P. Mehta on 01/10/2019. (lcapm1) (Entered: 01/10/2019)
2019-01-2913NOTICE OF RESTORED GOVERNMENT FUNDING AND JOINT STATUS REPORT by U.S. DEPARTMENT OF COMMERCE (Nebeker, William) (Entered: 01/29/2019)
2019-01-30MINUTE ORDER. The parties shall file their next Joint Status Report no later than February 20, 2019. Signed by Judge Amit P. Mehta on 01/30/2019. (lcapm1) (Entered: 01/30/2019)
2019-01-30Set/Reset Deadlines: Joint Status Report due by 2/20/2019. (zjd) (Entered: 02/05/2019)
2019-02-26MINUTE ORDER. The parties did not file a Joint Status Report by February 20, 2019, as the court directed in its Minute Order entered on January 30, 2019. The parties shall file a status report no later than February 28, 2019. Signed by Judge Amit P. Mehta on 02/26/2019. (lcapm1) (Entered: 02/26/2019)
2019-02-2814Joint STATUS REPORT by U.S. DEPARTMENT OF COMMERCE. (Nebeker, William) (Entered: 02/28/2019)
2019-02-28MINUTE ORDER. The parties shall file their next Joint Status Report by April 3, 2019, updating the court on the status of Defendant's production of responsive records. Signed by Judge Amit P. Mehta on 02/28/2019. (lcapm1) (Entered: 02/28/2019)
2019-02-28Set/Reset Deadlines: Joint Status Report due by 4/3/2019. (zjd) (Entered: 03/10/2019)
2019-04-0315Joint STATUS REPORT by U.S. DEPARTMENT OF COMMERCE. (Nebeker, William) (Entered: 04/03/2019)
2019-04-04MINUTE ORDER. The parties shall file their next Joint Status Report by May 15, 2019, which updates the court on Defendant's production and estimates a date for completing production. Signed by Judge Amit P. Mehta on 04/04/2019. (lcapm1) (Entered: 04/04/2019)
2019-04-04Set/Reset Deadlines: Joint Status Report due by 5/15/2019. (zjd) (Entered: 04/04/2019)
2019-04-04Set/Reset Deadlines: Joint Status Report due by 5/15/2019. (zjd) (Entered: 04/05/2019)
2019-05-1516Joint STATUS REPORT by U.S. DEPARTMENT OF COMMERCE. (Nebeker, William) (Entered: 05/15/2019)
2019-05-16MINUTE ORDER. The parties shall file their next Joint Status Report by June 19, 2019, which updates the court on Defendant's production and estimates a date for completing production. Signed by Judge Amit P. Mehta on 05/16/2019. (lcapm1) (Entered: 05/16/2019)
2019-05-16Set/Reset Deadlines: Joint Status Report due by 6/19/2019. (mac) (Entered: 05/16/2019)
2019-06-1917Joint STATUS REPORT by U.S. DEPARTMENT OF COMMERCE. (Nebeker, William) (Entered: 06/19/2019)
2019-06-21MINUTE ORDER. The parties shall file their next Joint Status Report by August 7, 2019, which updates the court on Defendant's production and estimates a date for completing production. Signed by Judge Amit P. Mehta on 06/21/2019. (lcapm1) (Entered: 06/21/2019)
2019-06-21Set/Reset Deadlines: Joint Status Report due by 8/7/2019. (zjd) (Entered: 06/25/2019)
2019-06-24Case directly reassigned to Judge Carl J. Nichols. Judge Amit P. Mehta is no longer assigned to the case. (rj) (Entered: 06/24/2019)
2019-08-0818Unopposed MOTION for Extension of Time to File Joint Status Report by U.S. DEPARTMENT OF COMMERCE (Attachments: # 1 Text of Proposed Order, # 2 Exhibit Joint Status Report)(Nebeker, William) (Entered: 08/08/2019)
2019-08-08MINUTE ORDER. Upon consideration of Defendant's 18 Unopposed Motion for Enlargement of Time, it is hereby ORDERED that the Motion is GRANTED and that the Joint Status Report dated August 7, 2019, is accepted for filing. In light of that Joint Status Report, the Parties shall submit an additional Joint Status Report by September 19, 2019. Signed by Judge Carl J. Nichols on August 8, 2019. (lccjn1) (Entered: 08/08/2019)
2019-09-1919Joint STATUS REPORT by DEMOCRACY FORWARD FOUNDATION. (Attachments: # 1 Text of Proposed Order)(Jones, Karianne) (Entered: 09/19/2019)
2019-10-23MINUTE ORDER. In light of the Parties' 19 Joint Status Report, it is hereby ORDERED that the Parties shall submit an additional Joint Status Report on or before October 29, 2019. Signed by Judge Carl J. Nichols on October 23, 2019. (lccjn3) (Entered: 10/23/2019)
2019-10-23Set/Reset Deadlines/Hearings: Joint Status Report due by 10/29/2019. (zcdw) (Entered: 10/24/2019)
2019-10-2820STIPULATION of Dismissal by U.S. DEPARTMENT OF COMMERCE. (Nebeker, William) (Entered: 10/28/2019)
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