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Case TitleCAUSE OF ACTION INSTITUTE v. WHITE HOUSE OFFICE OF MANAGEMENT AND BUDGET
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2019cv02784
Date Filed2019-09-17
Date Closed2020-12-22
JudgeJudge Reggie B. Walton
PlaintiffCAUSE OF ACTION INSTITUTE
Case DescriptionCause of Action Institute filed a petition with OMB asking it to update government-wide FOIA fee guidance in light of subsequent statutory and judicial changes in interpretation. OMB refused to grant COA Institute's petition. COA Institute then filed suit, alleging a violation of the Administrative Procedure Act. This action is not brought directly under FOIA but clearly deals with core FOIA concerns.
Complaint issues: Litigation - Jurisdiction - Standing

DefendantWHITE HOUSE OFFICE OF MANAGEMENT AND BUDGET
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
Complaint attachment 7
User-contributed Documents
 Motion for Summary Judgment
Docket Events (Hide)
Date FiledDoc #Docket Text

2019-09-171COMPLAINT against WHITE HOUSE OFFICE OF MANAGEMENT AND BUDGET ( Filing fee $ 400 receipt number 0090-6382558) filed by CAUSE OF ACTION INSTITUTE. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Civil Cover Sheet, # 5 Summons OMB, # 6 Summons USAG, # 7 Summons USAO-DC Civil Process Clerk)(Mulvey, Ryan) (Entered: 09/17/2019)
2019-09-172LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by CAUSE OF ACTION INSTITUTE (Mulvey, Ryan) (Entered: 09/17/2019)
2019-09-173NOTICE of Appearance by Russel James Valvo, III on behalf of CAUSE OF ACTION INSTITUTE (Valvo, Russel) (Entered: 09/17/2019)
2019-09-184NOTICE of Appearance by Lee A. Steven on behalf of CAUSE OF ACTION INSTITUTE (Steven, Lee) (Entered: 09/18/2019)
2019-09-19Case Assigned to Judge Reggie B. Walton. (zeg) (Entered: 09/19/2019)
2019-09-195SUMMONS (3) Issued Electronically as to WHITE HOUSE OFFICE OF MANAGEMENT AND BUDGET, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(zeg) (Entered: 09/19/2019)
2019-09-246RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 09/23/2019. (Mulvey, Ryan) (Entered: 09/24/2019)
2019-09-247GENERAL ORDER FOR CIVIL CASES BEFORE THE HONORABLE REGGIE B. WALTON. Signed by Judge Reggie B. Walton on September 24, 2019. (lcrbw2) (Entered: 09/24/2019)
2019-09-248RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 9/23/2019. Answer due for ALL FEDERAL DEFENDANTS by 11/22/2019. (Mulvey, Ryan) (Entered: 09/24/2019)
2019-09-279ENTERED IN ERROR.....RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. WHITE HOUSE OFFICE OF MANAGEMENT AND BUDGET served on 9/27/2019 (Mulvey, Ryan) Modified on 10/1/2019 (zjf). (Entered: 09/27/2019)
2019-10-01NOTICE OF CORRECTED DOCKET ENTRY: Document No. re 9 Summons Returned Executed as to Federal Defendant was entered in error at the request of counsel (jf) (Entered: 10/01/2019)
2019-10-0310RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. WHITE HOUSE OFFICE OF MANAGEMENT AND BUDGET served on 10/2/2019 (Mulvey, Ryan) (Entered: 10/03/2019)
2019-10-3111NOTICE of Change of Address by Lee A. Steven (Steven, Lee) (Entered: 10/31/2019)
2019-11-2212ANSWER to Complaint by WHITE HOUSE OFFICE OF MANAGEMENT AND BUDGET.(Walker, Johnny) (Entered: 11/22/2019)
2019-11-25MINUTE ORDER. To ensure the expeditious resolution of this action, and because this qualifies as an exempted case under Local Civil Rule 16.3(b), it is hereby ORDERED that the parties shall file a joint proposed briefing schedule governing the filing of dispositive motions on or before December 16, 2019. Signed by Judge Reggie B. Walton on November 25, 2019. (lcrbw2) (Entered: 11/25/2019)
2019-11-25Set/Reset Deadlines: joint proposed briefing schedule governing the filing of dispositive motions due by 12/16/2019. (hs) (Entered: 11/25/2019)
2019-12-1613PROPOSED BRIEFING SCHEDULE by CAUSE OF ACTION INSTITUTE. (Mulvey, Ryan) (Entered: 12/16/2019)
2019-12-1714ORDER. In accordance with the attached Order, it is hereby ORDERED that, on or before December 30, 2019, the defendant shall file the administrative record. It is further ORDERED that, on or before January 31, 2020, the plaintiff shall file its motion for summary judgment. It is further ORDERED that, on or before February 28, 2020, the defendant shall file its combined cross-motion for summary judgment and opposition to the plaintiff's motion for summary judgment. It is further ORDERED that, on or before March 13, 2020, the plaintiff shall file its combined reply in support of its motion for summary judgment and opposition to the defendant's cross-motion for summary judgment. It is further ORDERED that, on or before March 27, 2020, the defendant shall file its reply in support of its cross-motion for summary judgment. It is further ORDERED that the parties shall appear before the Court for a status conference on July 8, 2020, at 10:00 a.m. Signed by Judge Reggie B. Walton on December 17, 2019. (lcrbw2) (Entered: 12/17/2019)
2019-12-20Set/Reset Deadlines/Hearings: Administrative Record due by 12/30/2019. Cross Motions due by 2/28/2020. Response to Cross Motions due by 3/13/2020. Reply in Support of its Cross Motion due by 3/27/2020. Summary Judgment motions due by 1/31/2020. Response to Motion for Summary Judgment due by 2/28/2020. Reply to Motion for Summary Judgment due by 3/13/2020. Status Conference set for 7/8/2020 at 10:00 AM in Courtroom 16 before Judge Reggie B. Walton. (hs) (Entered: 12/20/2019)
2019-12-3015ADMINISTRATIVE RECORD (certified list of contents) by WHITE HOUSE OFFICE OF MANAGEMENT AND BUDGET. (Walker, Johnny) (Entered: 12/30/2019)
2020-01-3116MOTION for Summary Judgment by CAUSE OF ACTION INSTITUTE (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order)(Mulvey, Ryan) (Entered: 01/31/2020)
2020-02-2817Consent MOTION to Stay by WHITE HOUSE OFFICE OF MANAGEMENT AND BUDGET (Attachments: # 1 Text of Proposed Order)(Walker, Johnny) (Entered: 02/28/2020)
2020-02-28MINUTE ORDER. Upon consideration of the defendant's 17 Consent Motion to Stay, it is hereby ORDERED that the motion is GRANTED IN PART AND DENIED IN PART. The motion is GRANTED to the extent that it seeks to vacate the pending deadlines in this case. The motion is DENIED in all other respects. It is further ORDERED that the pending deadlines in this case are VACATED pending further order of the Court. It is further ORDERED that the status conference currently scheduled for July 8, 2020, is VACATED pending further order of the Court. It is further ORDERED that, on or before May 4, 2020, the parties shall file a joint status report advising the Court of the status of this case. It is further ORDERED that, on or before July 10, 2020, the parties shall file an additional joint status report further advising the Court of the status of this case. Signed by Judge Reggie B. Walton on February 28, 2020. (lcrbw2) (Entered: 02/28/2020)
2020-02-28Set/Reset Deadlines: Joint Status Report due by 5/4/2020 and 7/11/2020. (zgdf) (Entered: 02/28/2020)
2020-05-0418Joint STATUS REPORT by WHITE HOUSE OFFICE OF MANAGEMENT AND BUDGET. (Walker, Johnny) (Entered: 05/04/2020)
2020-07-1019Joint STATUS REPORT by CAUSE OF ACTION INSTITUTE. (Mulvey, Ryan) (Entered: 07/10/2020)
2020-07-14MINUTE ORDER. Upon consideration of the parties' 19 Joint Status Report, and for good cause shown, it is hereby ORDERED that, on or before August 10, 2020, the parties shall file an additional joint status report advising the Court of any outstanding disagreement. Signed by Judge Reggie B. Walton on July 14, 2020. (lcrbw2) (Entered: 07/14/2020)
2020-07-14Set/Reset Deadlines: Joint Status Report due by 8/10/2020 (hs) (Entered: 07/14/2020)
2020-08-1020Joint STATUS REPORT by WHITE HOUSE OFFICE OF MANAGEMENT AND BUDGET. (Walker, Johnny) (Entered: 08/10/2020)
2020-08-1221MOTION to Lift Stay and Resume Briefing Schedule by CAUSE OF ACTION INSTITUTE (Attachments: # 1 Exhibit 1 (Proposed OMB Revisions), # 2 Exhibit 2 (CoA Inst. Comment), # 3 Text of Proposed Order)(Mulvey, Ryan) (Entered: 08/12/2020)
2020-08-2422Unopposed MOTION for Extension of Time to File Response/Reply as to 21 MOTION to Lift Stay and Resume Briefing Schedule by WHITE HOUSE OFFICE OF MANAGEMENT AND BUDGET (Attachments: # 1 Text of Proposed Order)(Walker, Johnny) (Entered: 08/24/2020)
2020-08-26MINUTE ORDER. Upon consideration of the defendant's 22 Unopposed Motion to Extend Time, and for good cause shown, it is hereby ORDERED that, on or before September 2, 2020, the defendant shall file its response to the 21 Plaintiff's Motion to Lift the Stay of Proceedings. Signed by Judge Reggie B. Walton on August 26, 2020. (lcrbw2) (Entered: 08/26/2020)
2020-08-26Set/Reset Deadlines: Response due by 9/2/2020. (zgdf) (Entered: 08/27/2020)
2020-09-0223Memorandum in opposition to re 21 MOTION to Lift Stay and Resume Briefing Schedule filed by WHITE HOUSE OFFICE OF MANAGEMENT AND BUDGET. (Walker, Johnny) (Entered: 09/02/2020)
2020-09-0324REPLY to opposition to motion re 21 MOTION to Lift Stay and Resume Briefing Schedule filed by CAUSE OF ACTION INSTITUTE. (Mulvey, Ryan) (Entered: 09/03/2020)
2020-10-23MINUTE ORDER. The Court requiring additional information before resolving the 21 Plaintiff's Motion to Lift the Stay of Proceedings, it is hereby ORDERED that the parties shall appear before the Court for a motion hearing on November 2, 2020, at 2:30 p.m., via teleconference by calling 1-877-873-8017 and entering the Court's access code (8583213) followed by the pound key (#). Signed by Judge Reggie B. Walton on October 23, 2020. (lcrbw2) (Entered: 10/23/2020)
2020-10-23Set/Reset Hearings: Motion Hearing set for 11/2/2020 at 02:30 PM by Telephonic/VTC before Judge Reggie B. Walton. (hs) (Entered: 10/23/2020)
2020-11-02Minute Entry; for proceedings held before Judge Reggie B. Walton: Motion Hearing held on 11/2/2020. Plaintiff's 16 MOTION for Summary Judgment; heard and denied without prejudice. Status Conference set for 12/21/2020 at 02:30 PM by Telephonic/VTC before Judge Reggie B. Walton. (Court Reporter Cathryn Jones) (hs) (Entered: 11/02/2020)
2020-11-0225ORDER. In accordance with the attached Order, it is hereby ORDERED that the 21 Plaintiff's Motion to Lift the Stay is DENIED WITHOUT PREJUDICE. It is further ORDERED that the 16 Plaintiff's Motion for Summary Judgment is DENIED WITHOUT PREJUDICE. It is further ORDERED that, on December 22, 2020, at 2:30 p.m., the parties shall appear before the Court for a status conference to advise the Court regarding the completion of final agency action as discussed at the motion hearing held on November 2, 2020. The parties shall appear via teleconference by calling 1-877-873-8017 and entering the Court's access code (8583213) followed by the pound key (#). Signed by Judge Reggie B. Walton on November 2, 2020. (lcrbw2) (Entered: 11/02/2020)
2020-11-03Set/Reset Hearings: Motion Hearing set for 12/22/2020 at 02:30 PM by Telephonic/VTC before Judge Reggie B. Walton. (hs) (Entered: 11/03/2020)
2020-11-0926TRANSCRIPT OF PROCEEDINGS before Judge Reggie B. Walton held on November 2, 2020; Page Numbers: 1 - 16. Court Reporter/Transcriber Cathryn Jones, Telephone number 202 354-3246, Transcripts may be ordered by submitting the Transcript Order Form For the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, th e 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 11/30/2020. Redacted Transcript Deadline set for 12/10/2020. Release of Transcript Restriction set for 2/7/2021.(Jones, Cathryn) (Entered: 11/09/2020)
2020-12-2227STIPULATION of Dismissal by CAUSE OF ACTION INSTITUTE. (Mulvey, Ryan) (Entered: 12/22/2020)
2020-12-22MINUTE ORDER. In light of the parties' 27 Joint Stipulation of Dismissal with Prejudice, it is hereby ORDERED that this case is DISMISSED WITH PREJUDICE. It is further ORDERED that the hearing scheduled for December 22, 2020, is VACATED. It is further ORDERED that this case is CLOSED. Signed by Judge Reggie B. Walton on December 22, 2020. (lcrbw2) (Entered: 12/22/2020)
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