Skip to content

Case Detail

[Subscribe to updates]
Case TitleFAIR LINES AMERICA FOUNDATION INC. v. US DEPARTMENT OF COMMERCE et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2021cv01361
Date Filed2021-05-18
Date Closed2022-08-02
JudgeJudge Amy Berman Jackson
PlaintiffFAIR LINES AMERICA FOUNDATION INC.
Case DescriptionFair Lines America Foundation, an organization committed to educating the public on fair and legal apportionment, submitted a FOIA request to the Department of Commerce's Bureau of the Census for records concerning census data from housing facilities. The agency acknowledged receipt of the request but denied it under Exemption 3 (other statutes). FLAF then submitted a second FOIA request asking only for records disclosable under the Census Act. FLAF also requested expedited processing. The agency acknowledged receipt of the request but after hearing nothing further from the agency, FLAF filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Attorney's fees

DefendantUS DEPARTMENT OF COMMERCE
DefendantUS BUREAU OF THE CENSUS
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
Opinion/Order [21]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2021-05-181COMPLAINT against Fair Lines America Foundation Inc US DEPARTMENT OF COMMERCE et al ( Filing fee $ 402 receipt number ADCDC-8459372) filed by Fair Lines America Foundation Inc. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Civil Cover Sheet, # 8 Summons, # 9 Summons, # 10 Summons, # 11 Summons)(Torchinsky, Jason) (Entered: 05/18/2021)
2021-05-182LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by Fair Lines America Foundation Inc (Torchinsky, Jason) (Entered: 05/18/2021)
2021-05-18Case Assigned to Judge Amy Berman Jackson. (adh, ) (Entered: 05/18/2021)
2021-05-193NOTICE of Appearance by Jonathan Philip Lienhard on behalf of FAIR LINES AMERICA FOUNDATION INC. (Lienhard, Jonathan) (Main Document 3 replaced on 5/19/2021) (zjf). (Entered: 05/19/2021)
2021-05-194MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Kenneth Daines, Filing fee $ 100, receipt number ADCDC-8463358. Fee Status: Fee Paid. by FAIR LINES AMERICA FOUNDATION INC.. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Certificate of Good Standing)(Torchinsky, Jason) (Entered: 05/19/2021)
2021-05-205SUMMONS (4) Issued Electronically as to US BUREAU OF THE CENSUS, US DEPARTMENT OF COMMERCE, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(adh, ) (Main Document 5 replaced on 5/20/2021) (adh, ). (Entered: 05/20/2021)
2021-05-24MINUTE ORDER granting 4 Motion for Leave of Kenneth Daines to Appear Pro Hac Vice only upon condition that the lawyer admitted, or at least one member of the lawyer's firm, undergo CM/ECF training, obtain a CM/ECF username and password, and agree to file papers electronically. No court papers will be mailed to any lawyer. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). Click for instructions . Signed by Judge Amy Berman Jackson on 5/24/21. (DMK) (Entered: 05/24/2021)
2021-06-046NOTICE of Appearance by Kenneth Clark Daines on behalf of FAIR LINES AMERICA FOUNDATION INC. (Daines, Kenneth) (Entered: 06/04/2021)
2021-06-217ANSWER to Complaint by US BUREAU OF THE CENSUS, US DEPARTMENT OF COMMERCE.(Kossak, Jonathan) (Entered: 06/21/2021)
2021-06-22MINUTE ORDER. Before the Court in this FOIA case are a complaint and an answer. The requirements of Local Civil Rule 16.3 and Rule 26(f) of the Federal Rules of Civil Procedure appear to be inapplicable. Defendant shall file a dispositive motion or, in the alternative, a report setting forth the schedule for the completion of its production of documents to plaintiff, on or before July 20, 2021. SO ORDERED. Signed by Judge Amy Berman Jackson on 6/22/2021. (lcabj1) (Entered: 06/22/2021)
2021-07-198WITHDRAWN PURSUANT TO 11 NOTICE OF WITHDRAWAL.....MOTION for Preliminary Injunction by FAIR LINES AMERICA FOUNDATION INC.. (Attachments: # 1 Memorandum in Support, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4 - part 1, # 6 Exhibit 4 - part 2, # 7 Exhibit 4 - part 3, # 8 Exhibit 5, # 9 Exhibit 6, # 10 Exhibit 7, # 11 Text of Proposed Order)(Torchinsky, Jason) Modified on 7/28/2021 (zjf). (Entered: 07/19/2021)
2021-07-209First STATUS REPORT by US BUREAU OF THE CENSUS, US DEPARTMENT OF COMMERCE. (Attachments: # 1 Exhibit 1)(Kossak, Jonathan) (Entered: 07/20/2021)
2021-07-2610Memorandum in opposition to re 8 MOTION for Preliminary Injunction filed by US BUREAU OF THE CENSUS, US DEPARTMENT OF COMMERCE. (Attachments: # 1 Exhibit 1, Decl. of John M. Abowd, # 2 Exhibit 2, Decl. of Vernon E. Curry)(Kossak, Jonathan) (Entered: 07/26/2021)
2021-07-2811NOTICE OF WITHDRAWAL OF MOTION by FAIR LINES AMERICA FOUNDATION INC. re 8 MOTION for Preliminary Injunction (Torchinsky, Jason) (Entered: 07/28/2021)
2021-07-29MINUTE ORDER. The parties must meet and confer and by August 6, 2021, submit a proposed schedule for further proceedings. If the parties propose to brief summary judgment motions, the schedule should include a date for a motion for summary judgment, a second date for any opposition and cross-motion, supported by a single memorandum of points and authorities, and so on, as opposed to parallel motions, oppositions, and replies. SO ORDERED. Signed by Judge Amy Berman Jackson on 7/29/2021. (lcabj1) (Entered: 07/29/2021)
2021-08-0612PROPOSED BRIEFING SCHEDULE on behalf of the Parties filed by US BUREAU OF THE CENSUS, US DEPARTMENT OF COMMERCE. (Kossak, Jonathan) (Entered: 08/06/2021)
2021-08-06MINUTE ORDER. Defendants' motion for summary judgment must be submitted by September 10, 2021. Plaintiff's combined opposition and cross-motion, to be supported by a single memorandum of points and authorities, must be submitted by October 1, 2021. Defendants' combined reply and opposition to the cross-motion, also supposed by a single memorandum of points and authorities, must be submitted by October 22, 2021. Plaintiff's cross-reply must be summitted by November 12, 2021. SO ORDERED. Signed by Judge Amy Berman Jackson on 8/6/2021. (lcabj1) (Entered: 08/06/2021)
2021-09-1013MOTION for Summary Judgment by US BUREAU OF THE CENSUS, US DEPARTMENT OF COMMERCE. (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Declaration of Dr. John M. Abowd, # 4 Declaration of Vernon E. Curry, # 5 Text of Proposed Order)(Kossak, Jonathan) (Entered: 09/10/2021)
2021-10-0114Cross MOTION for Summary Judgment by FAIR LINES AMERICA FOUNDATION INC.. (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Exhibit 1 - Declaration of Adam Kincaid, # 4 Exhibit 2 - Declaration of Dr. Steven Ruggles, # 5 Text of Proposed Order)(Torchinsky, Jason) (Entered: 10/01/2021)
2021-10-0115Memorandum in opposition to re 13 MOTION for Summary Judgment filed by FAIR LINES AMERICA FOUNDATION INC.. (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Exhibit 1 - Declaration of Adam Kincaid, # 4 Exhibit 2 - Declaration of Dr. Steven Ruggles, # 5 Text of Proposed Order)(Torchinsky, Jason) (Entered: 10/01/2021)
2021-10-1516Consent MOTION for Extension of Time to File Response/Reply as to 14 Cross MOTION for Summary Judgment by US BUREAU OF THE CENSUS, US DEPARTMENT OF COMMERCE. (Attachments: # 1 Text of Proposed Order)(Kossak, Jonathan) (Entered: 10/15/2021)
2021-10-18MINUTE ORDER. 16 Motion for Extension of Time is GRANTED. Defendants' combined reply and cross-opposition must be submitted by November 2, 2021. Plaintiff's cross-reply must be submitted by November 23, 2021. SO ORDERED. Signed by Judge Amy Berman Jackson on 10/18/2021. (lcabj1) (Entered: 10/18/2021)
2021-11-0217REPLY to opposition to motion re 13 MOTION for Summary Judgment filed by US BUREAU OF THE CENSUS, US DEPARTMENT OF COMMERCE. (Attachments: # 1 Exhibit A to Reply, # 2 Statement of Facts (Response to Plaintiff's Statement of Facts Not in Genuine Dispute))(Kossak, Jonathan) (Entered: 11/02/2021)
2021-11-0218RESPONSE re 14 Cross MOTION for Summary Judgment filed by US BUREAU OF THE CENSUS, US DEPARTMENT OF COMMERCE. (Attachments: # 1 Exhibit A to Opposition, # 2 Statement of Facts (Response to Plaintiff's Statement of Facts Not In Genuine Dispute))(Kossak, Jonathan) (Entered: 11/02/2021)
2021-11-2319REPLY re [14 Cross MOTION for Summary Judgment filed by FAIR LINES AMERICA FOUNDATION INC.. (Attachments: # 1 Exhibit)(Torchinsky, Jason) Modified to add link on 12/1/2021 (znmw). (Entered: 11/23/2021)
2022-08-0220ORDER. For the reasons stated in the accompanying Memorandum Opinion, Defendants' Motion for Summary Judgment 13 is GRANTED, and Plaintiff's Cross-Motion for Summary Judgment 14 is DENIED. Signed by Judge Amy Berman Jackson on 8/2/2022. (lcabj1) (Entered: 08/02/2022)
2022-08-0221MEMORANDUM OPINION. Signed by Judge Amy Berman Jackson on 8/2/2022. (lcabj1) (Entered: 08/02/2022)
Hide Docket Events
by FOIA Project Staff
Skip to toolbar