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Case TitleCAUSE OF ACTION INSTITUTE v. U.S. DEPARTMENT OF COMMERCE
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2019cv02698
Date Filed2019-09-09
Date Closed2022-09-12
JudgeJudge Dabney L. Friedrich
PlaintiffCAUSE OF ACTION INSTITUTE
Case DescriptionCause of Action Institute submitted FOIA requests to the Department of Commerce for records concerning reports required under Section 232 of the Trade Expansion Act to be sent to Congress pertaining to the Secretary's determination that tariffs are justified to protect national security. While the agency prepared a report on the aluminum tariffs and posted a copy with redactions on its website, the agency has since claimed the reports are privileged and cannot be disclosed under FOIA. Cause of Action Institute submitted two FOIA requests for the report on the effect of imports of uranium on national security. CoA Institute also requested a fee waiver. The agency acknowledged receipt of the request and told CoA Institute that redacted versions of the reports would be available online after presidential review. CoA then filed suit, arguing that the agency had a policy and practice of withholding the reports beyond the statutory time limit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantU.S. DEPARTMENT OF COMMERCE
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
Opinion/Order [64]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2019-09-091COMPLAINT against U.S. DEPARTMENT OF COMMERCE ( Filing fee $ 400 receipt number 0090-6366545) 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 Civil Cover Sheet, # 8 Summons Dep't of Commerce, # 9 Summons U.S. Att'y Gen., # 10 Summons USAO Civil Process Clerk)(Mulvey, Ryan) (Entered: 09/09/2019)
2019-09-092LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by CAUSE OF ACTION INSTITUTE (Mulvey, Ryan) (Entered: 09/09/2019)
2019-09-093NOTICE of Appearance by Russel James Valvo, III on behalf of CAUSE OF ACTION INSTITUTE (Valvo, Russel) (Entered: 09/09/2019)
2019-09-10Case Assigned to Judge Dabney L. Friedrich. (zeg) (Entered: 09/10/2019)
2019-09-104SUMMONS (3) Issued Electronically as to U.S. DEPARTMENT OF COMMERCE, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(zeg) (Entered: 09/10/2019)
2019-09-165RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF COMMERCE served on 9/11/2019 (Mulvey, Ryan) (Entered: 09/16/2019)
2019-09-166RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 09/11/2019. (Mulvey, Ryan) (Entered: 09/16/2019)
2019-09-167RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 9/11/2019. Answer due for ALL FEDERAL DEFENDANTS by 10/11/2019. (Mulvey, Ryan) (Entered: 09/16/2019)
2019-10-118ANSWER to Complaint by U.S. DEPARTMENT OF COMMERCE.(Moustakas, John) (Entered: 10/11/2019)
2019-10-15MINUTE ORDER requiring the parties to MEET AND CONFER and file a joint status report proposing a schedule for further proceedings. The status report should address the status of the plaintiff's FOIA request, including the anticipated number of documents responsive to the request and the anticipated date(s) for release of the requested documents. The parties shall file the joint status report on or before November 12, 2019. So Ordered by Judge Dabney L. Friedrich on October 15, 2019. (lcdlf2) (Entered: 10/15/2019)
2019-10-159ERRATA by U.S. DEPARTMENT OF COMMERCE 8 Answer to Complaint filed by U.S. DEPARTMENT OF COMMERCE. (Attachments: # 1 Answer)(Moustakas, John) (Entered: 10/15/2019)
2019-11-0110NOTICE of Change of Address by Ryan Patrick Mulvey (Mulvey, Ryan) (Entered: 11/01/2019)
2019-11-1211Joint STATUS REPORT by CAUSE OF ACTION INSTITUTE. (Mulvey, Ryan) (Entered: 11/12/2019)
2019-11-12MINUTE 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 November 26, 2019. So Ordered by Judge Dabney L. Friedrich on November 12, 2019. (lcdlf2) (Entered: 11/12/2019)
2019-11-2612Joint STATUS REPORT by U.S. DEPARTMENT OF COMMERCE. (Moustakas, John) (Entered: 11/26/2019)
2019-11-27MINUTE ORDER. Upon consideration of the parties' 12 Joint Status Report, the Court adopts the parties proposed briefing schedule. Accordingly, the defendant shall file its motion for summary judgment on or before February 14, 2020; the plaintiff shall file its opposition and cross-motion for summary judgment on or before March 16, 2020; the defendant shall file its opposition and any reply on or before April 6, 2020; and the plaintiff shall file any reply on or before April 27, 2020. Signed by Judge Dabney L. Friedrich on November 27, 2019. (lcdlf2) (Entered: 11/27/2019)
2019-11-27Set/Reset Deadlines: Cross Motion due by 3/16/2020. Response to Cross Motion due by 4/6/2020. Reply to Cross Motion due by 4/27/2020. (zkh) (Entered: 11/27/2019)
2020-02-1213Consent MOTION for Extension of Time to File Summary Judgment by U.S. DEPARTMENT OF COMMERCE (Moustakas, John) (Entered: 02/12/2020)
2020-02-1214ERRATA by U.S. DEPARTMENT OF COMMERCE 13 Consent MOTION for Extension of Time to File Summary Judgment filed by U.S. DEPARTMENT OF COMMERCE. (Attachments: # 1 Defendant's Consent Motion for Extension of Time (corrected), # 2 Text of Proposed Order)(Moustakas, John) (Entered: 02/12/2020)
2020-02-12MINUTE ORDER. Upon consideration of the defendant's 13 Consent Motion for Extension of Time, it is ORDERED that the motion is GRANTED. Accordingly, the current briefing schedule shall be amended as follows: (1) the defendant shall file its motion for summary judgment on or before February 28, 2020; the plaintiff shall file its opposition and cross-motion for summary judgment on or before March 30, 2020; (3) the defendant shall file its opposition and reply on or before April 20, 2020; and the plaintiff shall file its reply on or before May 11, 2020. So Ordered by Judge Dabney L. Friedrich on February 12, 2020. (lcdlf2) (Entered: 02/12/2020)
2020-02-2815Consent MOTION for Extension of Time to File Motion to Summary Judgment by U.S. DEPARTMENT OF COMMERCE (Moustakas, John) (Entered: 02/28/2020)
2020-02-28MINUTE ORDER. Upon consideration of the defendant's 15 Consent Motion for Extension of Time, it is ORDERED that the motion is GRANTED. Accordingly, the current summary judgment briefing schedule is amended as follows: (1) the defendant shall file its motion for summary judgment on or before March 3, 2020; (2) the plaintiff shall file its opposition and cross-motion for summary judgment on or before April 1, 2020; (3) the defendant shall file its opposition and reply on or before April 22, 2020; and (4) the plaintiff shall file its reply on or before May 13, 2020. So Ordered by Judge Dabney L. Friedrich on February 28, 2020. (lcdlf2) (Entered: 02/28/2020)
2020-03-0316MOTION for Extension of Time to File Motion for Summary Judgment by U.S. DEPARTMENT OF COMMERCE (Moustakas, John) (Entered: 03/03/2020)
2020-03-04MINUTE ORDER. Upon consideration of the defendant's Motion for Extension of Time, it is ORDERED that the motion is GRANTED. Accordingly, the current summary judgment schedule shall be amended as follows: the defendant shall file its motion for summary judgment on or before March 5, 2020; the plaintiff shall file its opposition and cross-motion for summary judgment on or before April 3, 2020; the defendant shall file its opposition and any reply on or before April 24, 2020; and the plaintiff shall file any reply on or before May 15, 2020. So Ordered by Judge Dabney L. Friedrich on March 4, 2020. (lcdlf2) (Entered: 03/04/2020)
2020-03-04Set/Reset Deadlines: Cross Motions due by 4/3/2020. Response to Cross Motions due by 4/24/2020. Reply to Cross Motions due by 5/15/2020. (zjch) (Entered: 03/04/2020)
2020-03-0517MOTION for Summary Judgment by U.S. DEPARTMENT OF COMMERCE (Attachments: # 1 Declaration)(Moustakas, John) (Entered: 03/05/2020)
2020-04-0318Cross MOTION for Summary Judgment by CAUSE OF ACTION INSTITUTE (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts Pl.'s SUMF, # 3 Statement of Facts Pl.'s Resp. to Def.'s SUMF, # 4 Declaration of Ryan P. Mulvey, # 5 Text of Proposed Order)(Mulvey, Ryan) (Entered: 04/03/2020)
2020-04-0319Memorandum in opposition to re 17 MOTION for Summary Judgment filed by CAUSE OF ACTION INSTITUTE. (Mulvey, Ryan) (Entered: 04/03/2020)
2020-04-2320MOTION for Extension of Time to File Response/Reply to Motion for Summary Judgment by U.S. DEPARTMENT OF COMMERCE (Moustakas, John) (Entered: 04/23/2020)
2020-04-2321ERRATA re 20 to Defendant's Motion to Extend Time by U.S. DEPARTMENT OF COMMERCE. (Attachments: # 1 Exhibit Corrected Motion to Extend Time)(Moustakas, John) Modified to add link on 4/24/2020 (znmw). (Entered: 04/23/2020)
2020-04-2322Memorandum in opposition to re 20 MOTION for Extension of Time to File Response/Reply to Motion for Summary Judgment filed by CAUSE OF ACTION INSTITUTE. (Mulvey, Ryan) (Entered: 04/23/2020)
2020-04-23MINUTE ORDER: Before the Court is the defendant's 20 Motion for Extension of Time. First, it is ORDERED that the defendant's [21-1] Corrected Motion for Extension of Time be substituted for its original 20 Motion for Extension of Time. Second, it is ORDERED that the defendant's [21-1] Corrected Motion for Extension of Time is GRANTED IN PART. Accordingly, the defendant shall file its reply in support of its 17 Motion for Summary Judgment on or before May 23, 2020. So Ordered by Judge Dabney L. Friedrich on April 23, 2020. (lcdlf2) (Entered: 04/23/2020)
2020-04-23Set/Reset Deadlines: Defendant's Reply to Motion for Summary Judgment due by 5/23/2020. (zjch) (Entered: 04/23/2020)
2020-04-2923Consent MOTION for Order to Reset Deadlines by CAUSE OF ACTION INSTITUTE (Attachments: # 1 Text of Proposed Order)(Mulvey, Ryan) (Entered: 04/29/2020)
2020-04-30MINUTE ORDER. Upon consideration of the plaintiff's 23 Consent Motion for Order to Reset Deadlines, it is ORDERED that the motion is GRANTED. Accordingly, the plaintiff shall file its reply in support of its 18 Cross-Motion for Summary Judgment on or before June 15, 2020. So Ordered by Judge Dabney L. Friedrich on April 30, 2020. (lcdlf2) (Entered: 04/30/2020)
2020-04-30Set/Reset Deadlines: Reply to Cross Motions due by 6/15/2020. (zjch) (Entered: 04/30/2020)
2020-05-2224MOTION for Extension of Time to File Response/Reply by U.S. DEPARTMENT OF COMMERCE (Moustakas, John) (Entered: 05/22/2020)
2020-05-2225Memorandum in opposition to re 24 MOTION for Extension of Time to File Response/Reply filed by CAUSE OF ACTION INSTITUTE. (Mulvey, Ryan) (Entered: 05/22/2020)
2020-05-22MINUTE ORDER. Upon consideration of the defendant's 24 Motion for Extension of Time, as well as the plaintiff's 25 Memorandum in Opposition, it is ORDERED that the defendant's motion is GRANTED IN PART. Accordingly, the defendant shall file its reply in support of its 17 Motion for Summary Judgment on or before May 29, 2020. The Court is not inclined to grant any further extensions of time absent extraordinary circumstances. In addition, the plaintiff shall file its reply in support of its 18 Cross-Motion for Summary Judgment on or before June 22, 2020. So Ordered by Judge Dabney L. Friedrich on May 22, 2020. (lcdlf2) (Entered: 05/22/2020)
2020-05-22Set/Reset Deadlines: Reply to Cross Motions due by 6/22/2020. Reply to Motion for Summary Judgment due by 5/29/2020. (zjch) (Entered: 05/26/2020)
2020-05-2926Memorandum in opposition to re 18 Cross MOTION for Summary Judgment filed by U.S. DEPARTMENT OF COMMERCE. (Moustakas, John) Modified docket event/text on 6/5/2020 (eg). (Entered: 05/30/2020)
2020-05-2927REPLY to opposition to motion re 17 MOTION for Summary Judgment filed by U.S. DEPARTMENT OF COMMERCE. (View Docket Entry 26 to view document). (eg) (Entered: 06/05/2020)
2020-06-1828REPLY to opposition to motion re 18 Cross MOTION for Summary Judgment filed by CAUSE OF ACTION INSTITUTE. (Mulvey, Ryan) (Entered: 06/18/2020)
2020-07-1529NOTICE OF SUPPLEMENTAL AUTHORITY by CAUSE OF ACTION INSTITUTE (Attachments: # 1 Exhibit Transpacific Steel LLC v. United States, No. 19-00009 (Ct. Int'l Trade July 14, 2020))(Mulvey, Ryan) (Entered: 07/15/2020)
2020-08-0530RESPONSE re 29 to Plaintiff's Notice of Supplemental Authority filed by U.S. DEPARTMENT OF COMMERCE. (Moustakas, John) (Main Document 30 replaced on 8/6/2020) (zeg). Modified to add link on 8/7/2020 (znmw). (Entered: 08/05/2020)
2021-01-1931NOTICE OF SUPPLEMENTAL AUTHORITY by U.S. DEPARTMENT OF COMMERCE (Attachments: # 1 Supplement Memorandum Opinion)(Moustakas, John) (Entered: 01/19/2021)
2021-01-2132RESPONSE re 31 NOTICE OF SUPPLEMENTAL AUTHORITY filed by CAUSE OF ACTION INSTITUTE. (Mulvey, Ryan) (Entered: 01/21/2021)
2021-03-19MINUTE ORDER. Based on the parties' representations that they are engaged in settlement discussions, the Court will stay this case until April 8, 2021, at which time the parties shall file a joint status report proposing a schedule for any further proceedings. So Ordered by Judge Dabney L. Friedrich on March 19, 2021. (lcdlf2) (Entered: 03/19/2021)
2021-03-19Set/Reset Deadlines: Joint Status Report due by 4/8/2021. (zjd) (Entered: 03/19/2021)
2021-03-19Case Stayed. (zjd) (Entered: 03/19/2021)
2021-04-0833Joint STATUS REPORT by U.S. DEPARTMENT OF COMMERCE. (Moustakas, John) (Entered: 04/08/2021)
2021-04-08Set/Reset Hearings: Motion Hearing set for 6/3/2021 at 10:00 AM in Telephonic/VTC before Judge Dabney L. Friedrich. (zjch) (Entered: 04/08/2021)
2021-04-08MINUTE ORDER. Upon consideration of the parties' 33 Joint Status Report, it is ORDERED that that the hearing previously scheduled for April 27, 2021 is VACATED. The parties shall be available for a hearing on June 3, 2021 at 10:00 a.m. It is FURTHER ORDERED that the parties shall file another joint status report on or before May 17, 2021, if a stipulation of dismissal is not filed before then. So Ordered by Judge Dabney L. Friedrich on April 8, 2021. (lcdlf2) (Entered: 04/08/2021)
2021-04-08Set/Reset Deadlines: Status Report due by 5/17/2021 (zjch) (Entered: 04/09/2021)
2021-05-1734Joint STATUS REPORT by CAUSE OF ACTION INSTITUTE. (Mulvey, Ryan) (Entered: 05/17/2021)
2021-05-20MINUTE ORDER. Upon consideration of the parties' 34 Joint Status Report, it is ORDERED that that the hearing previously scheduled for June 3, 2021 is VACATED. It is FURTHER ORDERED that this case is STAYED until July 19, 2021, at which time the parties shall file another joint status report proposing three dates for a hearing, if a stipulation of dismissal is not filed before then. So Ordered by Judge Dabney L. Friedrich on May 20, 2021. (lcdlf2) (Entered: 05/20/2021)
2021-07-02Set/Reset Hearings: Motion Hearing set for 7/29/2021 at 10:30 AM via video before Judge Dabney L. Friedrich. (zjch) (Entered: 07/02/2021)
2021-07-1935Joint STATUS REPORT by CAUSE OF ACTION INSTITUTE. (Mulvey, Ryan) (Entered: 07/19/2021)
2021-07-2836MOTION to Continue Oral Argument by U.S. DEPARTMENT OF COMMERCE. (Moustakas, John) (Entered: 07/28/2021)
2021-07-2837Memorandum in opposition to re 36 MOTION to Continue Oral Argument filed by CAUSE OF ACTION INSTITUTE. (Mulvey, Ryan) (Entered: 07/28/2021)
2021-07-28MINUTE ORDER. In light of the government's representation that it intends to release the Uranium Report on July 29, 2021 and publish a copy of the report in the Federal Register on August 2, 2021, the government's 36 Motion to Continue Oral Argument is GRANTED and the hearing scheduled for July 29, 2021 is VACATED. It is ORDERED that the parties shall file a joint status report on or before August 3, 2021. At that time, the Court will determine whether a hearing is necessary, and if so, it will hold a hearing on August 11, 2021 or August 12, 2021. The parties shall contact the Courtroom Deputy promptly to inform him of their availability on those dates. So Ordered by Judge Dabney L. Friedrich on July 28, 2021. (lcdlf2) (Entered: 07/28/2021)
2021-07-28Set/Reset Deadlines: Status Report due by 8/3/2021 (zjch) (Entered: 07/29/2021)
2021-08-0338STATUS REPORT by CAUSE OF ACTION INSTITUTE. (Valvo, Russel) (Entered: 08/03/2021)
2021-08-04MINUTE ORDER. On July 28, 2021, the Court ordered the parties to file a joint status report on or before August 3, 2021. As of today, the defendant has neither filed that report nor moved for an extension. Accordingly, it is ORDERED that on or before August 5, 2021 the defendant shall file a status report and show cause for the failure to meet the above, Court-imposed deadline. So Ordered by Judge Dabney L. Friedrich on August 4, 2021. (lcdlf2) (Entered: 08/04/2021)
2021-08-04Set/Reset Deadlines: Response to Show Cause due by 8/5/2021. Status Report due by 8/5/2021 (zjch) (Entered: 08/04/2021)
2021-08-0439STATUS REPORT by U.S. DEPARTMENT OF COMMERCE. (Moustakas, John) (Entered: 08/04/2021)
2021-08-0440RESPONSE re 39 Status Report filed by CAUSE OF ACTION INSTITUTE. (Mulvey, Ryan) Modified event title on 8/5/2021 (znmw). (Entered: 08/04/2021)
2021-08-05MINUTE ORDER. On August 3, 2021, the plaintiff filed a 38 Status Report, representing that the Department of Commerce had voluntarily released the Uranium Report and had located the DOD Response Letter, and that these developments "may resolve the parties dispute over search adequacy." See Status Report at 1-3, Dkt. 38. The plaintiff further indicated that, if necessary, it "reserves the right to challenge" any withholdings Commerce makes from the DOD Response Letter, id. at 3, and requested the opportunity to file new briefing on these "factual developments; new and potentially relevant legal authorities; arguments for whether this case is moot; and, if relevant, Commerce's grounds for redacting information from the DOD letter," id. at 4. In light of these statements, it appears that the nature of the parties' FOIA dispute has meaningfully changed since Commerce filed its motion for summary judgment and the plaintiff filed its cross-motion. Accordingly, the Court DENIES WITHOUT PREJUDICE the defendant's 17 Motion for Summary Judgment. It further DENIES WITHOUT PREJUDCE the plaintiffs 18 Cross-Motion for Summary Judgment. It is ORDERED that the parties shall file another joint status report on or before August 26, 2021 that provides an update on the status of production and that proposes a schedule for further proceedings in this case. So Ordered by Judge Dabney L. Friedrich on August 5, 2021. (lcdlf2) (Entered: 08/05/2021)
2021-08-2641Joint STATUS REPORT by CAUSE OF ACTION INSTITUTE. (Mulvey, Ryan) (Entered: 08/26/2021)
2021-08-27MINUTE ORDER. Upon consideration of the parties' 41 Joint Status Report, it is ORDERED that the parties shall file another joint status report on or before September 9, 2021. So Ordered by Judge Dabney L. Friedrich on August 27, 2021. (lcdlf2) (Entered: 08/27/2021)
2021-09-0942Joint STATUS REPORT by CAUSE OF ACTION INSTITUTE. (Mulvey, Ryan) (Entered: 09/09/2021)
2021-09-10MINUTE ORDER. Upon consideration of the parties' 42 Joint Status Report, it is ORDERED that the following schedule will govern further proceedings: the plaintiff shall file a motion for summary judgment on or before November 19, 2021; the defendant shall file an opposition to the motion for summary judgment and a cross-motion for summary judgment on or before January 18, 2022; the plaintiff shall file a reply brief in support and an opposition to the cross-motion on or before February 17, 2022; and the defendant shall file a reply brief in support of its cross-motion on or before March 21, 2022. The Court further notes that the motion for summary judgment and opposition must comply with LCvR 7(h), which requires that each party submitting a motion for summary judgment attach a statement of material facts for which that party contends there is no genuine dispute, with numbered paragraphs and specific citations to those portions of the record upon which the party relies in fashioning the statement. The party opposing the motion must include a statement that enumerates all material facts that the party contends are genuinely disputed. The opposing party's statement must (1) restate the movant's statement of undisputed material fact in numbered paragraphs, and (2) immediately following each numbered paragraph state the opponent's response to the stated fact. So Ordered by Judge Dabney L. Friedrich on September 10, 2021. (lcdlf2) (Entered: 09/10/2021)
2021-11-1943MOTION for Summary Judgment by CAUSE OF ACTION INSTITUTE. (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Declaration 2d Decl. of Ryan P. Mulvey, # 4 Text of Proposed Order)(Mulvey, Ryan) (Entered: 11/19/2021)
2022-01-1544MOTION for Extension of Time to File Response/Reply by U.S. DEPARTMENT OF COMMERCE. (Moustakas, John) (Entered: 01/15/2022)
2022-01-1545Memorandum in opposition to re 44 MOTION for Extension of Time to File Response/Reply filed by CAUSE OF ACTION INSTITUTE. (Mulvey, Ryan) (Entered: 01/15/2022)
2022-01-17MINUTE ORDER. Upon consideration of the defendant's 44 Motion for Extension of Time, and the plaintiff's 45 Opposition, it is ORDERED that the defendant's motion is GRANTED IN PART. The defendant shall file its opposition to the plaintiff's 43 Motion for Summary Judgment and a cross-motion for summary judgment on or before February 1, 2022; the plaintiff shall file a reply brief in support and an opposition to the cross-motion on or before March 3, 2022; and the defendant shall file a reply brief in support of its cross-motion on or before April 4, 2022. The Court will not grant any further extensions. So Ordered by Judge Dabney L. Friedrich on January 17, 2022. (lcdlf2) (Entered: 01/17/2022)
2022-01-17Set/Reset Deadlines: Response to Motion for Summary Judgment due by 2/1/2022. Reply to Motion for Summary Judgment due by 3/3/2022. Cross Motions due by 2/1/2022. Response to Cross Motions due by 3/3/2022. Reply to Cross Motions due by 4/4/2022. (zjch, ) (Entered: 01/18/2022)
2022-02-0146MOTION for Extension of Time to File Response/Reply Opposition to Summary Judgment and Cross-Motion for Summary Judgment by U.S. DEPARTMENT OF COMMERCE. (Moustakas, John) (Entered: 02/01/2022)
2022-02-0247Memorandum in opposition to re 46 MOTION for Extension of Time to File Response/Reply Opposition to Summary Judgment and Cross-Motion for Summary Judgment filed by CAUSE OF ACTION INSTITUTE. (Attachments: # 1 Exhibit A)(Mulvey, Ryan) (Entered: 02/02/2022)
2022-02-02MINUTE ORDER. Before the Court is the defendant's 46 Motion for Extension of Time. As set forth in the plaintiff's 47 Opposition, the Court has granted the defendant multiple extensions in this case. Pl.'s Opp'n at 1. And in its January 17 order granting the defendant's latest extension, the Court explicitly stated that "the Court will not grant any further extensions." Nonetheless, the defendant failed to file its brief in a timely fashion and instead, just before midnight on the day its brief was due, filed yet another motion for an extension. The Court appreciates that counsel has a heavy case load, but that does not excuse his failure to comply with the court's deadlines in this and other cases. Because the Court believes that counsel is operating in good faith, it will decline the plaintiff's invitation to prepare a formal motion for an order to show cause and to impose sanctions on Defendant. It also will not treat the plaintiff's factual allegations as conceded. But the Court will order the defendant to file any opposition to the plaintiff's motion for summary judgment today, February 2, 2022, or be prepared to respond to an order to show cause as to why the defendant should not be held in contempt for failing to follow court orders. So Ordered by Judge Dabney L. Friedrich on February 2, 2022. (lcdlf2) (Entered: 02/02/2022)
2022-02-0348Memorandum in opposition to re 43 MOTION for Summary Judgment AND CROSS-MOTION FOR SUMMARY JUDGMENT filed by U.S. DEPARTMENT OF COMMERCE. (Moustakas, John) Modified docket event/text on 2/3/2022 (zeg). (Entered: 02/03/2022)
2022-02-0349MOTION for Extension of Time to File Response/Reply by U.S. DEPARTMENT OF COMMERCE. (Moustakas, John) (Entered: 02/03/2022)
2022-02-03MINUTE ORDER granting the defendant's 49 Motion for Extension of Time, Nunc Pro Tunc. The defendant's deadline for filing its 48 Opposition to Plaintiff's Motion for Summary Judgment and Cross-Motion for Summary Judgment is extended to February 3, 2022. Accordingly, the Court considers the defendant's 48 motion, which was filed only two minutes after the February 2 deadline, as timely filed. So Ordered by Judge Dabney L. Friedrich on February 3, 2022. (lcdlf2) (Entered: 02/03/2022)
2022-02-0350MOTION for Summary Judgment by U.S. DEPARTMENT OF COMMERCE. (See Docket Entry 48 to view document). (zeg) (Entered: 02/03/2022)
2022-02-1251ERRATA by U.S. DEPARTMENT OF COMMERCE re 48 Response to motion filed by U.S. DEPARTMENT OF COMMERCE. (Attachments: # 1 Exhibit Corrected Opposition/Cross-Motion and Supporting Materials)(Moustakas, John) (Entered: 02/12/2022)
2022-02-14MINUTE ORDER directing the Clerk of Court to docket the defendant's [51-1] Corrected Opposition to Plaintiff's Motion for Summary Judgment and Cross Motion for Summary Judgment in substitution of the defendant's 48 Opposition to Plaintiff's Motion for Summary Judgment and Cross-Motion for Summary Judgment. So Ordered by Judge Dabney L. Friedrich on February 14, 2022. (lcdlf2) (Entered: 02/14/2022)
2022-02-1452RESPONSE re 51 Errata and Notice of Objection filed by CAUSE OF ACTION INSTITUTE. (Mulvey, Ryan) (Entered: 02/14/2022)
2022-02-1454Memorandum in opposition to re 43 MOTION for Summary Judgment filed by U.S. DEPARTMENT OF COMMERCE. (zeg) (Entered: 02/17/2022)
2022-02-1455Cross-MOTION for Summary Judgment by U.S. DEPARTMENT OF COMMERCE. (zeg) (Entered: 02/17/2022)
2022-02-15MINUTE ORDER. Because the government supplemented its [51-1] Corrected Opposition to Plaintiff's Motion for Summary Judgment and Cross-Motion for Summary Judgment with new facts, after the filing deadline for its opposition and cross-motion and without noting the plaintiff's objection, in violation of Local Civil Rules 7(b) and 7(m), the government's Statement of Material Facts is stricken. The government is directed to file a new statement of undisputed material facts that does not contain the new, substantive allegations by today, February 15, 2022. So Ordered by Judge Dabney L. Friedrich on February 15, 2022. (lcdlf2) (Entered: 02/15/2022)
2022-02-1553RESPONSE TO ORDER OF THE COURT re Order,, Revised Statement of Undisputed Material Facts filed by U.S. DEPARTMENT OF COMMERCE. (Moustakas, John) (Entered: 02/15/2022)
2022-03-0356Memorandum in opposition to re 55 MOTION for Summary Judgment filed by CAUSE OF ACTION INSTITUTE. (Attachments: # 1 Statement of Facts Pl.'s Resp. to Def.'s SUMF, # 2 Declaration of Kevin M. Schmidt)(Mulvey, Ryan) (Entered: 03/03/2022)
2022-03-0357REPLY to opposition to motion re 43 MOTION for Summary Judgment filed by CAUSE OF ACTION INSTITUTE. (Mulvey, Ryan) Modified docket link/text on 3/4/2022 (zeg). (Entered: 03/03/2022)
2022-04-0458REPLY to opposition to motion re 55 MOTION for Summary Judgment filed by U.S. DEPARTMENT OF COMMERCE. (Moustakas, John) (Entered: 04/04/2022)
2022-06-2859NOTICE of Factual Development by CAUSE OF ACTION INSTITUTE (Mulvey, Ryan) (Entered: 06/28/2022)
2022-07-1560RESPONSE re 59 Notice (Other) of Asserted Factual Development filed by U.S. DEPARTMENT OF COMMERCE. (Moustakas, John) (Entered: 07/15/2022)
2022-07-2561NOTICE of Factual Development by CAUSE OF ACTION INSTITUTE (Mulvey, Ryan) (Entered: 07/25/2022)
2022-09-1262NOTICE of Factual Development by CAUSE OF ACTION INSTITUTE (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Mulvey, Ryan) (Entered: 09/12/2022)
2022-09-1263ORDER denying the plaintiff's 43 Motion for Summary Judgment and granting the defendant's 50 55 Cross-Motion for Summary Judgment. See text for details. Signed by Judge Dabney L. Friedrich on September 12, 2022. (lcdlf1) (Entered: 09/12/2022)
2022-09-1264MEMORANDUM OPINION regarding the plaintiff's 43 Motion for Summary Judgment and the defendant's 50 55 Cross-Motion for Summary Judgment. See text for details. Signed by Judge Dabney L. Friedrich on September 12, 2022. (lcdlf1) (Entered: 09/12/2022)
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