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Case TitleSPEAKING TRUTH TO POWER v. U.S. DEPARTMENT OF COMMERCE
DistrictEastern District of Pennsylvania
CityPhiladelphia
Case Number2:2021cv04217
Date Filed2021-09-24
Date Closed2022-05-03
JudgeHONORABLE MICHAEL M. BAYLSON
PlaintiffSPEAKING TRUTH TO POWER
Case DescriptionSpeaking Truth to Power submitted a FOIA request to the Department of Commerce for records concerning communications related to the government's use of the Solar Winds Orion System. STTP also requested a fee waiver and expedited processing. The agency acknowledged receipt of the request and granted STTP's request for expedited processing and a fee waiver. The agency located responsive records but withheld some Exemption 4 (commercial and confidential), Exemption 5 (privileges), and Exemption 6 (invasion of privacy). The agency continued to disclose records but in interim responses but after hearing nothing further from the agency, STTP filed suit.
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
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2021-09-241COMPLAINT against U.S. DEPARTMENT OF COMMERCE ( Filing fee $ 402 receipt number APAEDC-15430969.), filed by SPEAKING TRUTH TO POWER. (Attachments: # 1 Civil Cover Sheet, # 2 Designation Form)(ZACHER, JULES) (Entered: 09/24/2021)
2021-09-27Summons Issued as to U.S. DEPARTMENT OF COMMERCE, U.S. Attorney and U.S. Attorney General E-MAILED To: COUNSEL on 9/27/21. SUMMONS AS TO AUSA E-MAILED ON 9/27/21. (bw, ) (Entered: 09/27/2021)
2021-10-042Acceptance of Service by U.S. Attorney Re: accepted summons and complaint on behalf of the United States Attorney (only). (JL ) (Entered: 10/04/2021)
2021-10-283STIPULATION AND ORDER THAT U.S. DEPARTMENT OF COMMERCE HAS UNTIL 11/17/21 TO RESPOND TO PLAINTIFF'S COMPLAINT; ETC.. SIGNED BY HONORABLE MICHAEL M. BAYLSON ON 10/28/21. 10/28/21 ENTERED AND E-MAILED.(JL ) (Entered: 10/28/2021)
2021-11-174STIPULATION AND ORDER THAT U.S. DEPARTMENT OF COMMERCE SHALL UP TO AND INCLUDING 11/24/21 TO RESPOND TO THE COMPLAINT; ETC.. SIGNED BY HONORABLE MICHAEL M. BAYLSON ON 11/17/21. 11/17/21 ENTERED AND E-MAILED.(JL ) (Entered: 11/17/2021)
2021-11-235Defendant, United States Dept. of Commerce ANSWER to Complaint by U.S. DEPARTMENT OF COMMERCE.(GILL, ERIC) (Entered: 11/23/2021)
2021-11-296NOTICE of Hearing:PRELIMINARY PRETRIAL TELEPHONE CONFERENCE SET FOR 12/13/2021 AT 3:00 PM BEFORE HONORABLE MICHAEL M. BAYLSON. COUNSEL FOR PLAINTIFF WILL INITIATE THE CALL AND WHEN ALL COUNSEL ARE ON THE LINE, CALL CHAMBERS AT 267-299-7520. (Attachments: # 1 Trial Procedures, # 2 Conference Info Sheet)(ahf, ) (Entered: 11/29/2021)
2021-12-067NOTICE of Hearing: PRELIMINARY PRETRIAL TELEPHONE CONFERENCE SET FOR 12/14/2021 AT 1:30 PM BEFORE HONORABLE MICHAEL M. BAYLSON. COUNSEL FOR PLAINTIFF WILL INITIATE THE CALL AND WHEN ALL COUNSEL ARE ON THE LINE, CALL CHAMBERS AT 267-299-7520. (Attachments: # 1 Conf. Info Sheet, # 2 Trial Procedures)(ahf, ) (Entered: 12/06/2021)
2021-12-148Minute Entry for proceedings held before HONORABLE MICHAEL M. BAYLSON Pretrial/RULE 16 Conference held on 12/14/21. (JL ) (Entered: 12/14/2021)
2021-12-149ORDER THAT THE GOVERNMENT WILL PRODUCE ITS VAUGH INDEX BY 1/14/22. THE COURT WILL HAVE A RULE 16 CONFERENCE ON 2/2/22 AT 2:00 P.M.; ETC.. SIGNED BY HONORABLE MICHAEL M. BAYLSON ON 12/14/21. 12/14/21 ENTERED AND E-MAILED.(JL ) (Entered: 12/14/2021)
2022-02-0210Minute Entry for proceedings held before HONORABLE MICHAEL M. BAYLSON Pretrial/RULE 16 Conference held on 2/2/22. (JL ) (Entered: 02/02/2022)
2022-02-0311ORDER THAT THE COURT WILL SCHEDULE ORAL ARGUMENT ON ANY MOTION TO COMPEL FOR 3/24/22 AT 2:00 P.M. IN COURTROOM 3A; ETC.. SIGNED BY HONORABLE MICHAEL M. BAYLSON ON 2/2/22. 2/2/22 ENTERED AND E-MAILED.(JL) (Main Document 11 replaced on 2/4/2022) (jl). (Entered: 02/03/2022)
2022-02-0712Statement Letter to Judge Baylson by SPEAKING TRUTH TO POWER. (ZACHER, JULES) (Entered: 02/07/2022)
2022-03-0713First MOTION to Compel US Department of Commerce filed by SPEAKING TRUTH TO POWER.Memorandum. (Attachments: # 1 Exhibit Motion to Compel Exhibits, # 2 Memorandum Memorandum of Law, # 3 Exhibit Memorandum Exhibits)(ZACHER, JULES) (Entered: 03/07/2022)
2022-03-1114MOTION to Stay Discovery filed by U.S. DEPARTMENT OF COMMERCE.Memorandum, Certificate of Service.(GILL, ERIC) (Entered: 03/11/2022)
2022-03-1115MOTION for Summary Judgment filed by U.S. DEPARTMENT OF COMMERCE.Memorandum, Certificate of Service. (Attachments: # 1 Exhibit 1 Cheney Decl., # 2 Exhibit A - C, # 3 Exhibit D - K, # 4 Exhibit 2 Davidson Decl and Vaughn Index)(GILL, ERIC) (Entered: 03/11/2022)
2022-03-2116REPLY to Response to Motion re 14 MOTION to Stay Discovery filed by SPEAKING TRUTH TO POWER. (Attachments: # 1 Errata Exhibits 1-7)(ZACHER, JULES) (Entered: 03/21/2022)
2022-03-2317RESPONSE in Support re 14 MOTION to Stay Discovery , RESPONSE in Opposition to Pl Motion to Compel filed by U.S. DEPARTMENT OF COMMERCE. (GILL, ERIC) (Entered: 03/23/2022)
2022-03-2418Minute Entry for proceedings held before HONORABLE MICHAEL M. BAYLSON Motion Hearing held on 3/24/22 re 13 First MOTION to Compel US Department of Commerce filed by SPEAKING TRUTH TO POWER Court Reporter: ESR. (JL) (Entered: 03/24/2022)
2022-03-2419ORDER THAT PLAINTIFF WILL FILE ITS RESPONSE TO DEFENDANT'S MOTION FOR SUMMARY JUDGMENT ON OR BEFORE BEFORE 5/2/22. DEFENDANTS WILL FILE ITS REPLY 14 DAYS THEREAFTER; ETC.. SIGNED BY HONORABLE MICHAEL M. BAYLSON ON 3/24/22. 3/24/22 ENTERED AND E-MAILED.(JL) (Entered: 03/24/2022)
2022-05-0320NOTICE by U.S. DEPARTMENT OF COMMERCE (Joint) Notif and Req for Dismissal (GILL, ERIC) (Entered: 05/03/2022)
2022-05-0321ORDER THAT THE PARTIES HEREBY JOINTLY SUBIT A NOTIFICION AND ORDER OF DISMISSAL PER LOCAL RULES OF CIVIL PROCEDURE RULE 41.1 REGARDING THIS VOLUNTARY DISMISSAL.THE PARTIES REQUEST THAT THE COURT ISSUE AN ORDER DISMISSING THIS ACTION WITHOUT PREJUDICE. THE COURT'S ORDER OF DISMISSAL MAY BE VACATED OR MODIFIED, FOR CAUSE SHOWN, UPON THE APPLICATION OF ANY PARTY SERVED WITHIN 90 DAYS OF THE ENTRY OF THIS ORDER OF DISMISSAL; ETC.. SIGNED BY HONORABLE MICHAEL M. BAYLSON ON 5/3/22. 5/3/22 ENTERED AND E-MAILED.(JL) (Entered: 05/03/2022)
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