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Case TitleYANOFSKY v. UNITED STATES DEPARTMENT OF COMMERCE
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2019cv02290
Date Filed2019-07-31
Date Closed2022-05-24
JudgeJudge Florence Y. Pan
PlaintiffDAVID YANOFSKY
Case DescriptionJournalist David Yanofsky submitted a FOIA request to the Department of Commerce for data files and technical documentation related to the agency's I-92 and I-94 programs pertaining to international air travel. The agency initially denied Yanofsky's requests, claiming they were not available through FOIA because of a superseding statute. However, after Yanofsky filed suit, Judge Brown-Jackson ruled that the cited statutes did not apply. The agency continued to withhold most of the records and Brown-Jackson agreed with the agency that her previous order did not cover all the records. After the agency failed to produce any more records, Yanofsky filed suit.
Complaint issues: Litigation - Attorney's fees

DefendantUNITED STATES DEPARTMENT OF COMMERCE
AppealD.C. Circuit 22-5204
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
Complaint attachment 7
Complaint attachment 8
Complaint attachment 9
Complaint attachment 10
Complaint attachment 11
Complaint attachment 12
Complaint attachment 13
Opinion/Order [24]
FOIA Project Annotation: Judge Ketanji Brown Jackson has ruled that the Department of Commerce has failed to show that it does not possess data files requested by journalist David Yanofsky. Yanofsky requested data files for the I-92 U.S. International Air Travel Statistics Program and the I-94 Visitor Arrivals Program. The agency eventually provided several data files containing standardized summary reports for these programs. Yanofsky argued that he wanted raw data concerning the two programs, but the agency claimed it did not own the data and that even if the data existed, it was not in a readable form. Yanofsky indicated that "the information that he was requesting under the FOIA was the data from the I-92 and I-94 programs that the DOC stored in its database, i.e., 'the data from which both DOC's annual reports and customized reports are created.'" Brown Jackson noted that "the DOC's motion and attachments do not establish that the agency has produced the records that Yanofsky requested. The DOC maintains that it discharged its duties under the FOIA by releasing datasheets of its standardized summary reports. Based on this Court's review of the record, however, it appears that these summary reports do not contain all of the I-92 and I-94 data Yanofsky seeks, and that the DOC may in fact possess records that contain the non-aggregated data points that Yanofsky has requested." Having found the agency had failed to show that it did not possess the requested data, Brown Jackson indicated that Yanofsky had not carried his burden of proof either. She pointed out that "although the record suggests that the DOC may well maintain a database of anonymized, non-aggregated I-92 and I-94 data, the current record is insufficient to establish conclusively that the DOC possesses such records." Instead, Brown Jackson ordered both parties to provide supplemental affidavits to justify their positions.
Issues: Agency Record - Custody, Agency Record - Possession
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2019-07-311COMPLAINT against UNITED STATES DEPARTMENT OF COMMERCE ( Filing fee $ 400 receipt number 0090-6291511) filed by DAVID YANOFSKY. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I, # 11 Summons as to United States Department of Commerce, # 12 Summons as to United States Attorney, # 13 Summons as to United States Attorney General)(Townsend, KatieLynn) (Attachment 1 replaced on 8/1/2019) (zeg). (Entered: 07/31/2019)
2019-07-312NOTICE OF RELATED CASE by DAVID YANOFSKY. Case related to Case No. 16-cv-951. (Townsend, KatieLynn) (Entered: 07/31/2019)
2019-08-01ENTERED IN ERROR.....Case Assigned to Judge Rudolph Contreras. (zeg) Modified on 8/1/2019 (zeg). (Entered: 08/01/2019)
2019-08-01NOTICE OF CORRECTED DOCKET ENTRY: re Case Assigned was entered in error and will be directly assigned due to related case. (zeg) (Entered: 08/01/2019)
2019-08-01Case Assigned to Judge Ketanji Brown Jackson. (zeg) (Entered: 08/01/2019)
2019-08-013SUMMONS (3) Issued Electronically as to UNITED STATES DEPARTMENT OF COMMERCE, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(zeg) (Entered: 08/01/2019)
2019-08-234RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 8/6/2019. ( Answer due for ALL FEDERAL DEFENDANTS by 9/5/2019.), RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES DEPARTMENT OF COMMERCE served on 8/5/2019, RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 08/07/2019. (Townsend, KatieLynn) (Main Document 4 replaced on 8/26/2019) (zjf). (Entered: 08/23/2019)
2019-08-235CERTIFICATE OF SERVICE by DAVID YANOFSKY re 2 Notice of Related Case . (Townsend, KatieLynn) (Entered: 08/23/2019)
2019-08-266GENERAL ORDER AND GUIDELINES APPLICABLE TO FOIA CASES ASSIGNED TO JUDGE KETANJI BROWN JACKSON. The Court will hold the parties and counsel responsible for following these directives, and parties and counsel should pay particular attention to the Court's instructions for processing and production of records, batching motions, and filing exhibits. Failure to adhere to this Order may, when appropriate, result the imposition of sanctions and/or sua sponte denial of non-conforming motions. Signed by Judge Ketanji Brown Jackson on 8/26/2019. (lckbj1) (Entered: 08/26/2019)
2019-09-057NOTICE of Appearance by Scott Leeson Sroka on behalf of UNITED STATES DEPARTMENT OF COMMERCE (Sroka, Scott) (Entered: 09/05/2019)
2019-09-058ANSWER to Complaint by UNITED STATES DEPARTMENT OF COMMERCE.(Sroka, Scott) (Entered: 09/05/2019)
2019-09-06MINUTE ORDER. Before the Court in this FOIA case are a complaint and an answer. It is hereby ORDERED that the parties shall review this Court's 6 General Order and Guidelines Applicable to FOIA Cases, and promptly confer and file a joint proposed schedule for disclosure or briefing motions for summary judgment, on or before 9/20/2019. Signed by Judge Ketanji Brown Jackson on 9/6/2019. (lckbj1) (Entered: 09/06/2019)
2019-09-209Joint STATUS REPORT by DAVID YANOFSKY. (Townsend, KatieLynn) (Entered: 09/20/2019)
2019-09-30MINUTE ORDER setting briefing schedule for summary judgment: Defendant's Motion for Summary Judgment shall be served on or before 11/20/2019; Plaintiff's Opposition and Cross-Motion for Summary Judgment shall be served on or before 12/20/2019; Defendant's Reply and Cross-Motion Opposition shall be served on or before 1/10/2020; Plaintiff's Cross-Motion Reply shall be served on or before 1/24/2020; briefs shall be filed as a batch within three (3) business days of the service of the last reply brief authorized by this Minute Order, but in any event no later than the Final Filing Deadline of 3/6/2020. Signed by Judge Ketanji Brown Jackson on 9/30/2019. (lckbj1) (Entered: 09/30/2019)
2019-11-2010Consent MOTION for Extension of Time to File Motion for Summary Judgment by UNITED STATES DEPARTMENT OF COMMERCE (Sroka, Scott) (Entered: 11/20/2019)
2019-11-2011NOTICE of Appearance by Adam Alexander Marshall on behalf of DAVID YANOFSKY (Marshall, Adam) (Entered: 11/20/2019)
2019-12-03MINUTE ORDER. The Appendix to this Court's 6 General Order and Guidelines for FOIA Cases provides that "[t]he parties are permitted to modify the schedule for serving their [summary judgment] filings on each other by consent, and without any Order from this Court." Appendix, 5(a)(iii). Indeed, a Court order extending the summary judgment briefing deadlines is only necessary if the proposed changes to the briefing schedule would require an extension of the final filing deadline. See id. 5(a)(ii)(2). Because Defendant has filed an unopposed motion to amend the summary judgment briefing schedule in a manner that would not require any change to the final filing deadline, no Court approval is needed. Accordingly, it is hereby ORDERED that Defendant's 10 Consent Motion for Extension of Time to File Motion for Summary Judgment is DENIED. Signed by Judge Ketanji Brown Jackson on 12/3/2019. (jag) (Entered: 12/03/2019)
2019-12-0612NOTICE of Serving Motion for Summary Judgment by UNITED STATES DEPARTMENT OF COMMERCE (Sroka, Scott) (Entered: 12/06/2019)
2020-01-1013NOTICE OF SERVICE by DAVID YANOFSKY (Attachments: # 1 Plaintiff's Cross-Motion for Summary Judgment, # 2 Memorandum of Law, # 3 Plaintiff's Combined Statement of Material Facts and Response to Defendant's Statement of Material Facts, # 4 Declaration of David Yanofsky, # 5 Declaration of Adam A. Marshall, # 6 Proposed Order)(Townsend, KatieLynn) (Entered: 01/10/2020)
2020-01-3114NOTICE of Serving Defendant's Reply Memorandum and Related Materials by UNITED STATES DEPARTMENT OF COMMERCE (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Declaration, # 4 Exhibit)(Sroka, Scott) (Entered: 01/31/2020)
2020-02-1015NOTICE OF SUBSTITUTION OF COUNSEL by William J. Chang on behalf of UNITED STATES DEPARTMENT OF COMMERCE Substituting for attorney scott sroka (Chang, William) (Entered: 02/10/2020)
2020-02-1416NOTICE of Service by DAVID YANOFSKY (Attachments: # 1 Reply Memorandum of Law in Support of Plaintiff's Cross-Motion for Summary Judgment)(Townsend, KatieLynn) (Entered: 02/14/2020)
2020-02-1817MOTION for Summary Judgment by UNITED STATES DEPARTMENT OF COMMERCE (Attachments: # 1 Statement of Facts SUMF and Proposed Order, # 2 Exhibit Declaration, # 3 Exhibit Exhibits 1-9, # 4 Exhibit Appendices I-III)(Chang, William) (Entered: 02/18/2020)
2020-02-1818Cross MOTION for Summary Judgment by DAVID YANOFSKY (Attachments: # 1 Memorandum of Law, # 2 Statement of Facts, # 3 Declaration of David Yanofsky, # 4 Declaration of Adam A. Marshall, # 5 Text of Proposed Order)(Townsend, KatieLynn) (Entered: 02/18/2020)
2020-02-19NOTICE OF ERROR re 18 Motion for Summary Judgment; emailed to ktownsend@rcfp.org, cc'd 2 associated attorneys -- The PDF file you docketed contained errors: 1. Two-part docket entry, 2. Please refile document, 3. Same document using the OPPOSITION event (zjf, ) (Entered: 02/19/2020)
2020-02-1919Memorandum in opposition to re 17 MOTION for Summary Judgment filed by DAVID YANOFSKY. (Townsend, KatieLynn) (Entered: 02/19/2020)
2020-02-1920Memorandum in opposition to re 18 Cross MOTION for Summary Judgment filed by UNITED STATES DEPARTMENT OF COMMERCE. (Attachments: # 1 Statement of Facts Response to Plaintiff's Additional Statement of Material Facts, # 2 Declaration, # 3 Exhibit)(Chang, William) (Entered: 02/19/2020)
2020-02-1921REPLY to opposition to motion re 17 MOTION for Summary Judgment filed by UNITED STATES DEPARTMENT OF COMMERCE. (Chang, William) (Entered: 02/19/2020)
2020-02-2022REPLY to opposition to motion re 18 Cross MOTION for Summary Judgment filed by DAVID YANOFSKY. (Townsend, KatieLynn) (Entered: 02/20/2020)
2020-08-0523NOTICE of Appearance by April Denise Seabrook on behalf of All Defendants (Seabrook, April) (Entered: 08/05/2020)
2020-10-0624MEMORANDUM OPINION AND ORDER denying Defendant's 17 Motion for Summary Judgment, denying Plaintiff's 18 Cross-Motion for Summary Judgment, and directing the parties to file a joint proposed briefing schedule for renewed cross-motions for summary judgment on or before 10/20/2020. Signed by Judge Ketanji Brown Jackson on 10/06/2020. (lcnj) (Entered: 10/06/2020)
2020-10-2025Joint STATUS REPORT and Proposed Briefing Schedule by DAVID YANOFSKY. (Townsend, KatieLynn) (Entered: 10/20/2020)
2020-11-06MINUTE ORDER setting adopting the parties' proposed briefing schedule for renewed motions for summary judgment: Defendant's Motion for Summary Judgment shall be served on or before 11/25/2020; Plaintiff's Opposition and Cross-Motion for Summary Judgment shall be served on or before 12/23/2020; Defendant's Reply and Cross-Motion Opposition shall be served on or before 1/15/2021; Plaintiff's Cross-Motion Reply shall be served on or before 1/29/2021; briefs shall be filed as a batch within three (3) business days of the service of the last reply brief authorized by this Minute Order, but in any event no later than the Final Filing Deadline of 3/5/2021. Signed by Judge Ketanji Brown Jackson on 11/6/2020. (jag) (Entered: 11/06/2020)
2020-12-0826NOTICE of Service of Dispositive Motion by UNITED STATES DEPARTMENT OF COMMERCE (Seabrook, April) (Entered: 12/08/2020)
2021-01-1527NOTICE OF SERVICE by DAVID YANOFSKY (Attachments: # 1 Plaintiff's Renewed Cross-Motion for Summary Judgment, # 2 Memorandum of Law, # 3 Statement of Facts, # 4 Text of Proposed Order)(Townsend, KatieLynn) (Entered: 01/15/2021)
2021-02-1028Unopposed MOTION to Amend/Correct Order,,, Set Deadlines,, by UNITED STATES DEPARTMENT OF COMMERCE. (Seabrook, April) (Entered: 02/10/2021)
2021-02-12MINUTE ORDER granting, for good cause shown, 28 Unopposed Motion to Amend Briefing Schedule. It is hereby ORDERED that the Final Filing Deadline in this matter is extended to 3/15/2021. Signed by Judge Ketanji Brown Jackson on 2/12/2021. (jag) (Entered: 02/12/2021)
2021-02-16ENTERED IN ERROR. . . . .MINUTE ORDER. In light of the representations in the parties' 26 Joint Status Report, it is hereby ORDERED that, on or before 3/18/2021, the parties shall file a further joint status report, which shall include a proposed schedule for further proceedings if litigation is going to be necessary. Signed by Judge Ketanji Brown Jackson on 2/16/2021. (jag) Modified entered in error at the direction of Chambers, wrong case on 2/16/2021 (ztd). (Entered: 02/16/2021)
2021-02-1929NOTICE of Service of Reply and Opposition to Cross-Motion by UNITED STATES DEPARTMENT OF COMMERCE (Attachments: # 1 Memorandum in Support)(Seabrook, April) (Entered: 02/19/2021)
2021-03-1130NOTICE OF SERVICE by DAVID YANOFSKY (Attachments: # 1 Reply Memorandum, # 2 Response to Defendants Additional Statement of Material Facts, # 3 Second Declaration of Adam A. Marshall, # 4 Second Declaration of David Yanofsky)(Townsend, KatieLynn) (Entered: 03/11/2021)
2021-03-1331Second MOTION for Summary Judgment by UNITED STATES DEPARTMENT OF COMMERCE. (Attachments: # 1 Memorandum in Support, # 2 Exhibit - Exhibit List, # 3 Statement of Facts, # 4 Exhibit A - First Hill Decl., # 5 Exhibit B - Third Hill Decl., # 6 Exhibit C - J Hall Decl., # 7 Exhibit D - W Hull Decl., # 8 Exhibit E - FOIA Request with attachments, # 9 Exhibit F - Email Correspondence)(Seabrook, April) (Entered: 03/13/2021)
2021-03-1432Cross MOTION for Summary Judgment by DAVID YANOFSKY. (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Text of Proposed Order)(Townsend, KatieLynn) (Entered: 03/14/2021)
2021-03-1433RESPONSE re 31 Second MOTION for Summary Judgment filed by DAVID YANOFSKY. (Townsend, KatieLynn) (Entered: 03/14/2021)
2021-03-1534REPLY to opposition to motion re 31 Second MOTION for Summary Judgment filed by UNITED STATES DEPARTMENT OF COMMERCE. (Attachments: # 1 Exhibit - Updated List of Exhibits, # 2 Statement of Facts, # 3 Exhibit G - Email of Sept 19, 2018, # 4 Exhibit H - Huether Decl., # 5 Exhibit I - Powers Decl., # 6 Exhibit J - Second Hill Decl)(Seabrook, April) (Entered: 03/15/2021)
2021-03-1535Memorandum in opposition to re 32 Cross MOTION for Summary Judgment filed by UNITED STATES DEPARTMENT OF COMMERCE. (Attachments: # 1 Exhibit - Updated List of Exhibits, # 2 Statement of Facts (Responsive), # 3 Exhibit G - Sept 19 2018 Email, # 4 Exhibit H - Huether Decl., # 5 Exhibit I - Powers Decl., # 6 Exhibit J - Second Hill Decl.)(Seabrook, April) (Entered: 03/15/2021)
2021-03-1536REPLY to opposition to motion re 32 Cross MOTION for Summary Judgment filed by DAVID YANOFSKY. (Attachments: # 1 Statement of Facts, # 2 Second Declaration of Adam A. Marshall, # 3 Second Declaration of David Yanofsky)(Townsend, KatieLynn) (Entered: 03/15/2021)
2021-03-1837Joint STATUS REPORT by UNITED STATES DEPARTMENT OF COMMERCE. (Seabrook, April) (Entered: 03/18/2021)
2021-04-1338MOTION for Leave to File Surreply by UNITED STATES DEPARTMENT OF COMMERCE. (Attachments: # 1 Exhibit 1 - Proposed Surreply, # 2 Exhibit K - 2d Huether Decl., (STRICKEN PURSUANT TO THE ORDER FILED ON 03/31/2022 RE # 3 Exhibit L - Alalasundaram Decl.), # 4 Exhibit M - Sept. 2018 Email Chain, # 5 Exhibit - Cumulative Exhibit List)(Seabrook, April) Modified on 4/4/2022 to include stricken language (zacr). (Entered: 04/13/2021)
2021-04-2739RESPONSE re 38 MOTION for Leave to File Surreply filed by DAVID YANOFSKY. (Attachments: # 1 Text of Proposed Order)(Townsend, KatieLynn) (Entered: 04/27/2021)
2021-04-2740MOTION to Strike 38 MOTION for Leave to File Surreply attachment Declaration of Jay Alalasundaram by DAVID YANOFSKY. (Attachments: # 1 Text of Proposed Order)(Townsend, KatieLynn) (Entered: 04/27/2021)
2021-04-2941MOTION for Extension of Time to File Response/Reply as to 38 MOTION for Leave to File Surreply by UNITED STATES DEPARTMENT OF COMMERCE. (Seabrook, April) (Entered: 04/29/2021)
2021-04-29MINUTE ORDER granting 41 Opposed Motion for Extension of Time to File Reply re 38 Motion for Leave to File a Surreply. It is hereby ORDERED that Defendant's consolidated reply and opposition to Plaintiff's motion to strike is due on or before 5/11/2021. Signed by Judge Ketanji Brown Jackson on 4/29/2021. (jag) (Entered: 04/29/2021)
2021-05-1142REPLY to opposition to motion re 38 MOTION for Leave to File Surreply filed by UNITED STATES DEPARTMENT OF COMMERCE. (Attachments: # 1 Exhibit - Signed Alalasundaram Declaration)(Seabrook, April) (Entered: 05/11/2021)
2021-05-1143Memorandum in opposition to re 40 MOTION to Strike 38 MOTION for Leave to File Surreply attachment Declaration of Jay Alalasundaram filed by UNITED STATES DEPARTMENT OF COMMERCE. (Attachments: # 1 Exhibit - Signed Alalasundaram Declaration)(Seabrook, April) (Entered: 05/11/2021)
2021-06-28Judge Ketanji Brown Jackson has been elevated to serve on the U.S. Court of Appeals for the D.C. Circuit. She is therefore no longer assigned to this case, and this matter has been reassigned to the Calendar Committee, which will oversee it until it is assigned to another district judge. Any questions should be directed to Judge Jackson's former deputy clerk, Gwendolyn Franklin, at 202-354-3145 or gwen_franklin@dcd.uscourts.gov.(rj) (Entered: 06/28/2021)
2021-10-01Case directly reassigned to Judge Florence Y. Pan. Judge Ketanji Brown Jackson has been appointed to the D.C. Circuit and is no longer assigned to the case. (ztnr) (Entered: 10/01/2021)
2022-03-0244MOTION for Status Conference by DAVID YANOFSKY. (Townsend, KatieLynn) Modified on 3/3/2022 to correct docket text(zjf). (Entered: 03/02/2022)
2022-03-0245NOTICE OF WITHDRAWAL OF APPEARANCE as to UNITED STATES DEPARTMENT OF COMMERCE. Attorney William Chang terminated. (Chang, William) (Entered: 03/02/2022)
2022-03-0246RESPONSE re 44 MOTION for Status Conference filed by UNITED STATES DEPARTMENT OF COMMERCE. (Seabrook, April) . (Entered: 03/02/2022)
2022-03-02MINUTE ORDER denying Plaintiff's 44 Motion for Status Conference . The Court discerns no need for a status conference at this time. Signed by Judge Florence Y. Pan on 3/2/2022. (lcrl) (Entered: 03/02/2022)
2022-03-22NOTICE of Hearing: Motions Hearing set for 5/11/2022 at 2:00 PM via videoconference before Judge Florence Y. Pan. (zacr) (Entered: 03/22/2022)
2022-03-3147ORDER granting Defendant's 38 Motion for Leave to File Surreply and granting Plaintiff's 40 Motion to Strike the unsigned [38-3] Declaration of Jay Alalasundaram. Signed by Judge Florence Y. Pan on 3/31/22. (lcaa) (Entered: 03/31/2022)
2022-03-3148SURREPLY re 32 Cross MOTION for Summary Judgment filed by UNITED STATES DEPARTMENT OF COMMERCE. (Attachments: # 1 Declarations and Exhibit List)(zjf) (Entered: 04/04/2022)
2022-05-09NOTICE of RESCHEDULED Hearing: The Motion Hearing previously set for 5/11/2022 at 2:00pm has been RESCHEDULED for 5/24/2022 at 2:00 PM via Zoom videoconference before Judge Florence Y. Pan. (zacr) (Entered: 05/09/2022)
2022-05-24Minute Entry for proceedings held before Judge Florence Y. Pan: Motion Hearing held via videoconference on 5/24/2022 re 31 Second MOTION for Summary Judgment filed by UNITED STATES DEPARTMENT OF COMMERCE and 32 Cross MOTION for Summary Judgment filed by DAVID YANOFSKY. Oral arguments heard. For the reasons stated on the record, Defendant's 31 Second Motion for Summary Judgment is DENIED and Plaintiff's 32 Cross Motion for Summary Judgment is GRANTED. The parties are to confer and submit a joint proposed schedule for the release of records. (Court Reporter Janice Dickman.) (zacr) (Entered: 05/24/2022)
2022-06-0149Unopposed MOTION for Extension of Time to File Motion for Attorney Fees and Costs by DAVID YANOFSKY. (Townsend, KatieLynn) (Entered: 06/01/2022)
2022-06-01MINUTE ORDER granting Plaintiff's 49 Motion for Extension of Time to File Motion for Attorney Fees and Costs. Plaintiff's Motion for Attorney Fees and Costs is due on or before July 22, 2022. Signed by Judge Florence Y. Pan on 6/1/22. (lcaa) (Entered: 06/01/2022)
2022-06-01Set/Reset Deadlines: Plaintiff's Motion for Attorney Fees and Costs due by 7/22/2022. (zacr) (Entered: 06/01/2022)
2022-06-0350Joint STATUS REPORT Regarding Proposed Orders by DAVID YANOFSKY. (Attachments: # 1 Plaintiff's Proposed Order, # 2 Defendant's Proposed Order)(Marshall, Adam) (Entered: 06/03/2022)
2022-06-0651TRANSCRIPT OF PROCEEDINGS before Judge Florence Y. Pan held on May 24, 2022; Page Numbers: 1-91. Date of Issuance:June 6, 2022. Court Reporter/Transcriber Janice E. Dickman, RMR, CRR, CRC, Telephone number 202-354-3267, 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 re porter 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 6/27/2022. Redacted Transcript Deadline set for 7/7/2022. Release of Transcript Restriction set for 9/4/2022.(ztnr) (Entered: 06/06/2022)
2022-06-07MINUTE ORDER. Upon consideration of the 50 Joint Status Report, the Court notes that Defendant's deadline to file its notice of appeal is July 25, 2022. If no appeal is filed, Defendant shall produce the responsive records on July 26, 2022. Signed by Judge Florence Y. Pan on 6/7/22. (lcaa) (Entered: 06/07/2022)
2022-06-07Set/Reset Deadlines: Defendant's deadline to file notice of appeal is 7/25/2022. If no appeal is filed, Defendant's responsive records are due by 7/26/2022. (zacr) (Entered: 06/07/2022)
2022-06-2352Consent MOTION for Extension of Time to File Motion for Attorney Fees and Costs by DAVID YANOFSKY. (Townsend, KatieLynn) (Entered: 06/23/2022)
2022-06-24MINUTE ORDER granting 52 Consent Motion for Extension of Time. Plaintiff's Motion for Attorney Fees and Costs is due on or before September 12, 2022, if Defendant does not file an appeal in this matter, or 45 days after resolution of the appeal if one is filed. Signed by Judge Florence Y. Pan on 6/24/22. (lcaa) (Entered: 06/24/2022)
2022-06-24Set/Reset Deadlines: Plaintiff's Motion for Attorney Fees and Costs due by 9/12/2022. (zacr) (Entered: 06/27/2022)
2022-07-2253NOTICE OF APPEAL TO DC CIRCUIT COURT as to Order, 47 Order on Motion for Leave to File, Order on Motion to Strike, Order on Motion for Summary Judgment,,,,,, Motion Hearing,, by UNITED STATES DEPARTMENT OF COMMERCE. Fee Status: No Fee Paid. Parties have been notified. (Seabrook, April) (Entered: 07/22/2022)
2022-07-2554Transmission of the Notice of Appeal, Minute Orders Appealed, and Docket Sheet to US Court of Appeals. The Court of Appeals docketing fee was not paid because the appeal was filed by the government re 53 Notice of Appeal to DC Circuit Court,. (zed) (Entered: 07/25/2022)
2022-07-29USCA Case Number 22-5204 for 53 Notice of Appeal to DC Circuit Court, filed by UNITED STATES DEPARTMENT OF COMMERCE. (zjf) (Entered: 07/29/2022)
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