Date Filed | Doc # | Docket Text |
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2019-09-09 | 1 | COMPLAINT 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) |
2019-09-09 | 2 | LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by CAUSE OF ACTION INSTITUTE (Mulvey, Ryan) (Entered: 09/09/2019) |
2019-09-09 | 3 | NOTICE of Appearance by Russel James Valvo, III on behalf of CAUSE OF ACTION INSTITUTE (Valvo, Russel) (Entered: 09/09/2019) |
2019-09-10 | | Case Assigned to Judge Dabney L. Friedrich. (zeg) (Entered: 09/10/2019) |
2019-09-10 | 4 | SUMMONS (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) |
2019-09-16 | 5 | RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF COMMERCE served on 9/11/2019 (Mulvey, Ryan) (Entered: 09/16/2019) |
2019-09-16 | 6 | RETURN 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) |
2019-09-16 | 7 | RETURN 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) |
2019-10-11 | 8 | ANSWER to Complaint by U.S. DEPARTMENT OF COMMERCE.(Moustakas, John) (Entered: 10/11/2019) |
2019-10-15 | | MINUTE 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) |
2019-10-15 | 9 | ERRATA 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) |
2019-11-01 | 10 | NOTICE of Change of Address by Ryan Patrick Mulvey (Mulvey, Ryan) (Entered: 11/01/2019) |
2019-11-12 | 11 | Joint STATUS REPORT by CAUSE OF ACTION INSTITUTE. (Mulvey, Ryan) (Entered: 11/12/2019) |
2019-11-12 | | 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 November 26, 2019. So Ordered by Judge Dabney L. Friedrich on November 12, 2019. (lcdlf2) (Entered: 11/12/2019) |
2019-11-26 | 12 | Joint STATUS REPORT by U.S. DEPARTMENT OF COMMERCE. (Moustakas, John) (Entered: 11/26/2019) |
2019-11-27 | | MINUTE 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) |
2019-11-27 | | Set/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) |
2020-02-12 | 13 | Consent MOTION for Extension of Time to File Summary Judgment by U.S. DEPARTMENT OF COMMERCE (Moustakas, John) (Entered: 02/12/2020) |
2020-02-12 | 14 | ERRATA 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) |
2020-02-12 | | MINUTE 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) |
2020-02-28 | 15 | Consent MOTION for Extension of Time to File Motion to Summary Judgment by U.S. DEPARTMENT OF COMMERCE (Moustakas, John) (Entered: 02/28/2020) |
2020-02-28 | | MINUTE 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) |
2020-03-03 | 16 | MOTION for Extension of Time to File Motion for Summary Judgment by U.S. DEPARTMENT OF COMMERCE (Moustakas, John) (Entered: 03/03/2020) |
2020-03-04 | | MINUTE 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) |
2020-03-04 | | Set/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) |
2020-03-05 | 17 | MOTION for Summary Judgment by U.S. DEPARTMENT OF COMMERCE (Attachments: # 1 Declaration)(Moustakas, John) (Entered: 03/05/2020) |
2020-04-03 | 18 | Cross 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) |
2020-04-03 | 19 | Memorandum in opposition to re 17 MOTION for Summary Judgment filed by CAUSE OF ACTION INSTITUTE. (Mulvey, Ryan) (Entered: 04/03/2020) |
2020-04-23 | 20 | MOTION 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) |
2020-04-23 | 21 | ERRATA 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) |
2020-04-23 | 22 | Memorandum 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) |
2020-04-23 | | MINUTE 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) |
2020-04-23 | | Set/Reset Deadlines: Defendant's Reply to Motion for Summary Judgment due by 5/23/2020. (zjch) (Entered: 04/23/2020) |
2020-04-29 | 23 | Consent MOTION for Order to Reset Deadlines by CAUSE OF ACTION INSTITUTE (Attachments: # 1 Text of Proposed Order)(Mulvey, Ryan) (Entered: 04/29/2020) |
2020-04-30 | | MINUTE 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) |
2020-04-30 | | Set/Reset Deadlines: Reply to Cross Motions due by 6/15/2020. (zjch) (Entered: 04/30/2020) |
2020-05-22 | 24 | MOTION for Extension of Time to File Response/Reply by U.S. DEPARTMENT OF COMMERCE (Moustakas, John) (Entered: 05/22/2020) |
2020-05-22 | 25 | Memorandum 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) |
2020-05-22 | | MINUTE 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) |
2020-05-22 | | Set/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) |
2020-05-29 | 26 | Memorandum 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) |
2020-05-29 | 27 | REPLY 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) |
2020-06-18 | 28 | REPLY to opposition to motion re 18 Cross MOTION for Summary Judgment filed by CAUSE OF ACTION INSTITUTE. (Mulvey, Ryan) (Entered: 06/18/2020) |
2020-07-15 | 29 | NOTICE 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) |
2020-08-05 | 30 | RESPONSE 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) |
2021-01-19 | 31 | NOTICE OF SUPPLEMENTAL AUTHORITY by U.S. DEPARTMENT OF COMMERCE (Attachments: # 1 Supplement Memorandum Opinion)(Moustakas, John) (Entered: 01/19/2021) |
2021-01-21 | 32 | RESPONSE re 31 NOTICE OF SUPPLEMENTAL AUTHORITY filed by CAUSE OF ACTION INSTITUTE. (Mulvey, Ryan) (Entered: 01/21/2021) |
2021-03-19 | | MINUTE 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) |
2021-03-19 | | Set/Reset Deadlines: Joint Status Report due by 4/8/2021. (zjd) (Entered: 03/19/2021) |
2021-03-19 | | Case Stayed. (zjd) (Entered: 03/19/2021) |
2021-04-08 | 33 | Joint STATUS REPORT by U.S. DEPARTMENT OF COMMERCE. (Moustakas, John) (Entered: 04/08/2021) |
2021-04-08 | | Set/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) |
2021-04-08 | | MINUTE 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) |
2021-04-08 | | Set/Reset Deadlines: Status Report due by 5/17/2021 (zjch) (Entered: 04/09/2021) |
2021-05-17 | 34 | Joint STATUS REPORT by CAUSE OF ACTION INSTITUTE. (Mulvey, Ryan) (Entered: 05/17/2021) |
2021-05-20 | | MINUTE 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) |
2021-07-02 | | Set/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) |
2021-07-19 | 35 | Joint STATUS REPORT by CAUSE OF ACTION INSTITUTE. (Mulvey, Ryan) (Entered: 07/19/2021) |
2021-07-28 | 36 | MOTION to Continue Oral Argument by U.S. DEPARTMENT OF COMMERCE. (Moustakas, John) (Entered: 07/28/2021) |
2021-07-28 | 37 | Memorandum in opposition to re 36 MOTION to Continue Oral Argument filed by CAUSE OF ACTION INSTITUTE. (Mulvey, Ryan) (Entered: 07/28/2021) |
2021-07-28 | | MINUTE 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) |
2021-07-28 | | Set/Reset Deadlines: Status Report due by 8/3/2021 (zjch) (Entered: 07/29/2021) |
2021-08-03 | 38 | STATUS REPORT by CAUSE OF ACTION INSTITUTE. (Valvo, Russel) (Entered: 08/03/2021) |
2021-08-04 | | MINUTE 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) |
2021-08-04 | | Set/Reset Deadlines: Response to Show Cause due by 8/5/2021. Status Report due by 8/5/2021 (zjch) (Entered: 08/04/2021) |
2021-08-04 | 39 | STATUS REPORT by U.S. DEPARTMENT OF COMMERCE. (Moustakas, John) (Entered: 08/04/2021) |
2021-08-04 | 40 | RESPONSE re 39 Status Report filed by CAUSE OF ACTION INSTITUTE. (Mulvey, Ryan) Modified event title on 8/5/2021 (znmw). (Entered: 08/04/2021) |
2021-08-05 | | MINUTE 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) |
2021-08-26 | 41 | Joint STATUS REPORT by CAUSE OF ACTION INSTITUTE. (Mulvey, Ryan) (Entered: 08/26/2021) |
2021-08-27 | | MINUTE 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) |
2021-09-09 | 42 | Joint STATUS REPORT by CAUSE OF ACTION INSTITUTE. (Mulvey, Ryan) (Entered: 09/09/2021) |
2021-09-10 | | MINUTE 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) |
2021-11-19 | 43 | MOTION 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) |
2022-01-15 | 44 | MOTION for Extension of Time to File Response/Reply by U.S. DEPARTMENT OF COMMERCE. (Moustakas, John) (Entered: 01/15/2022) |
2022-01-15 | 45 | Memorandum 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) |
2022-01-17 | | MINUTE 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) |
2022-01-17 | | Set/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) |
2022-02-01 | 46 | MOTION 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) |
2022-02-02 | 47 | Memorandum 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) |
2022-02-02 | | MINUTE 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) |
2022-02-03 | 48 | Memorandum 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) |
2022-02-03 | 49 | MOTION for Extension of Time to File Response/Reply by U.S. DEPARTMENT OF COMMERCE. (Moustakas, John) (Entered: 02/03/2022) |
2022-02-03 | | MINUTE 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) |
2022-02-03 | 50 | MOTION for Summary Judgment by U.S. DEPARTMENT OF COMMERCE. (See Docket Entry 48 to view document). (zeg) (Entered: 02/03/2022) |
2022-02-12 | 51 | ERRATA 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) |
2022-02-14 | | MINUTE 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) |
2022-02-14 | 52 | RESPONSE re 51 Errata and Notice of Objection filed by CAUSE OF ACTION INSTITUTE. (Mulvey, Ryan) (Entered: 02/14/2022) |
2022-02-14 | 54 | Memorandum in opposition to re 43 MOTION for Summary Judgment filed by U.S. DEPARTMENT OF COMMERCE. (zeg) (Entered: 02/17/2022) |
2022-02-14 | 55 | Cross-MOTION for Summary Judgment by U.S. DEPARTMENT OF COMMERCE. (zeg) (Entered: 02/17/2022) |
2022-02-15 | | MINUTE 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) |
2022-02-15 | 53 | RESPONSE 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) |
2022-03-03 | 56 | Memorandum 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) |
2022-03-03 | 57 | REPLY 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) |
2022-04-04 | 58 | REPLY to opposition to motion re 55 MOTION for Summary Judgment filed by U.S. DEPARTMENT OF COMMERCE. (Moustakas, John) (Entered: 04/04/2022) |
2022-06-28 | 59 | NOTICE of Factual Development by CAUSE OF ACTION INSTITUTE (Mulvey, Ryan) (Entered: 06/28/2022) |
2022-07-15 | 60 | RESPONSE re 59 Notice (Other) of Asserted Factual Development filed by U.S. DEPARTMENT OF COMMERCE. (Moustakas, John) (Entered: 07/15/2022) |
2022-07-25 | 61 | NOTICE of Factual Development by CAUSE OF ACTION INSTITUTE (Mulvey, Ryan) (Entered: 07/25/2022) |
2022-09-12 | 62 | NOTICE of Factual Development by CAUSE OF ACTION INSTITUTE (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Mulvey, Ryan) (Entered: 09/12/2022) |
2022-09-12 | 63 | ORDER 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) |
2022-09-12 | 64 | MEMORANDUM 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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