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Case TitleEmpower Oversight Whistleblowers & Research v. U.S. Securities and Exchange Commission
DistrictEastern District of Virginia
CityAlexandria
Case Number1:2021cv01370
Date Filed2021-12-08
Date Closed2024-02-21
JudgeDistrict Judge Rossie D. Alston, Jr
PlaintiffEmpower Oversight Whistleblowers & Research
Case DescriptionEmpower Oversight Whistleblowers and Research submitted six FOIA request for records concerning communications between William Hinman and any personnel from Simpson Thatcher. The agency acknowledged receipt of the request but after hearing nothing further from the agency, EOWR filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Attorney's fees

DefendantU.S. Securities and Exchange Commission
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Opinion/Order [36]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2021-12-081Complaint ( Filing fee $ 402, receipt number AVAEDC-8143434.), filed by Empower Oversight Whistleblowers & Research. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Civil Cover Sheet)(Schrier, Michael) (Entered: 12/08/2021)
2021-12-082Proposed Summons re 1 Complaint (to SEC) by Empower Oversight Whistleblowers & Research. (Schrier, Michael) (Entered: 12/08/2021)
2021-12-083Proposed Summons re 1 Complaint (to US Atty, EDVA) by Empower Oversight Whistleblowers & Research. (Schrier, Michael) (Entered: 12/08/2021)
2021-12-084Proposed Summons re 1 Complaint (to US AG) by Empower Oversight Whistleblowers & Research. (Schrier, Michael) (Entered: 12/08/2021)
2021-12-085Corporate Disclosure Statement by Empower Oversight Whistleblowers & Research. (Schrier, Michael) (Entered: 12/08/2021)
2021-12-08Initial Case Assignment to District Judge Rossie D. Alston, Jr and Magistrate Judge Theresa Carroll Buchanan. (choy, ) (Entered: 12/10/2021)
2021-12-106Summons Issued as to U.S. Securities and Exchange Commission, U.S. Attorney and U.S. Attorney General NOTICE TO ATTORNEY: Please remove the headers and print two duplexed copies of the Electronically issued summons for each Defendant. Please serve one copy of the summons and a copy of the Complaint upon each Defendant. Please ensure that your process server returns the service copy (executed or unexecuted) to your attention and electronically file it using the filing events, Summons Returned Executed or Summons Returned Unexecuted. (Attachments: # 1 Notice to Attorney)(choy, ) (Entered: 12/10/2021)
2022-01-077Consent MOTION for Extension of Time to Respond to Plaintiff's Complaint by U.S. Securities and Exchange Commission. (Attachments: # 1 Proposed Order)(Levenson, Rebecca) (Entered: 01/07/2022)
2022-01-108ORDER granting 7 Consent MOTION for Extension of Time to Respond to Plaintiff's Complaint. It is further ORDERED that Defendant shall file its response to the Complaint on or before Friday, February 11, 2022. Signed by Magistrate Judge Theresa Carroll Buchanan on 01/10/2022. (choy, ) (Entered: 01/10/2022)
2022-02-119MOTION for Extension of Time to File Answer by U.S. Securities and Exchange Commission. (Attachments: # 1 Proposed Order)(Levenson, Rebecca) (Entered: 02/11/2022)
2022-02-1410ORDERED that Defendant's motion is GRANTED; and it is further ORDERED that Defendant shall file its response to the Complaint on or before February 18, 2022. Signed by Magistrate Judge Theresa Carroll Buchanan on 2/11/2022. (Entered: 02/14/2022)
2022-02-1811ANSWER to Complaint by U.S. Securities and Exchange Commission.(Levenson, Rebecca) (Entered: 02/18/2022)
2022-04-0712ORDERED that by April 19, 2022, the parties shall file a joint statement setting forth their positions on the applicability of Local Civil Rule 16(B) and whether this case may be exempted in whole or in part from its provisions. The joint statement should not exceed ten pages, and any points on which the parties cannot reach agreement should be identified. If the parties agree that this matter may be resolved on summary judgment, the joint statement should also include a proposed briefing schedule for any such motions. Signed by District Judge Rossie D. Alston, Jr on 4/7/2022. (swil, ) (Entered: 04/07/2022)
2022-04-1913STATUS REPORT (Joint Statement in Accordance with the Court's April 7, 2022 Order) by U.S. Securities and Exchange Commission. (Levenson, Rebecca) (Entered: 04/19/2022)
2022-04-2014ORDERED that the parties file a joint status report on or before May 20, 2022, and, if necessary, a second joint status report on or before June 20, 2022. If the parties reach agreement regarding a summary judgment briefing schedule in the interim, they should promptly file an appropriate motion. Signed by District Judge Rossie D. Alston, Jr on 4/20/2022. (swil) (Entered: 04/20/2022)
2022-04-2415NOTICE of Appearance by Jeffrey S. Beelaert on behalf of Empower Oversight Whistleblowers & Research (Beelaert, Jeffrey) (Entered: 04/24/2022)
2022-05-0216MOTION to Withdraw as Attorney by Empower Oversight Whistleblowers & Research. (Attachments: # 1 Proposed Order)(Schrier, Michael) (Entered: 05/02/2022)
2022-05-0417ORDER granting 16 Motion to Withdraw as Attorney. ORDERED that Husch Blackwell LLP and associated counsel Micheal J. Schrier be permitted to WITHDRAW as counsel of record. Signed by Magistrate Judge Theresa Carroll Buchanan on 5/4/2022. (swil) (Entered: 05/04/2022)
2022-05-2018STATUS REPORT (Joint) by U.S. Securities and Exchange Commission. (Levenson, Rebecca) (Entered: 05/20/2022)
2022-06-1719STATUS REPORT by U.S. Securities and Exchange Commission. (Fuchs, Yuri) (Entered: 06/17/2022)
2022-06-1720ORDERED that the parties file a joint motion for summary judgment briefing schedule by July 1, 2022. The joint motion should set out the parties' proposed deadlines. If the parties reach agreement regarding the remaining issues or a summary judgment briefing schedule in the interim, they should promptly file an appropriate motion. Signed by District Judge Rossie D. Alston, Jr on 6/17/2022. (swil) (Entered: 06/17/2022)
2022-06-3021Joint MOTION for a Briefing Schedule re 20 Order, by U.S. Securities and Exchange Commission. (Attachments: # 1 Supplement)(Fuchs, Yuri) (Entered: 06/30/2022)
2022-06-3022ORDER granting 21 Joint Motion for a Briefing Schedule (see Order for details). Signed by District Judge Rossie D. Alston, Jr on 6/30/2022. (swil) (Entered: 07/01/2022)
2022-08-0223Consent MOTION to Amend/Correct 1 Complaint by Empower Oversight Whistleblowers & Research. (Attachments: # 1 Exhibit Amended Complaint, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Proposed Order)(Beelaert, Jeffrey) (Entered: 08/02/2022)
2022-08-0324ORDER granting 23 Consent Motion to Amend/Correct Complaint. ORDERED that Plaintiff file the Amended Complaint as a separate docket entry; it is further ORDERED Defendant shall file an answer on or before Wednesday, August 17, 2022; and it is further ORDERED that the parties shall file any motions for summary judgment on or before Wednesday, August 31, 2022. The parties shall file any oppositions to the motions for summary judgment on or before Wednesday, September 14, 2022. And any replies in support of the motions for summary judgment shall be filed on or before Wednesday, September 21, 2022. Signed by Magistrate Judge Theresa Carroll Buchanan on 8/3/2022. (swil) (Entered: 08/03/2022)
2022-08-0325AMENDED COMPLAINT against U.S. Securities and Exchange Commission, filed by Empower Oversight Whistleblowers & Research. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Beelaert, Jeffrey) (Entered: 08/03/2022)
2022-08-11Case Reassigned to Magistrate Judge William E. Fitzpatrick. Magistrate Judge Theresa Carroll Buchanan no longer assigned to the case. (jlan) (Entered: 08/11/2022)
2022-08-1726ANSWER to Complaint by U.S. Securities and Exchange Commission.(Fuchs, Yuri) (Entered: 08/17/2022)
2022-08-3127MOTION for Summary Judgment by U.S. Securities and Exchange Commission. (Fuchs, Yuri) (Entered: 08/31/2022)
2022-08-3128Memorandum in Support re 27 MOTION for Summary Judgment filed by U.S. Securities and Exchange Commission. (Attachments: # 1 Exhibit Exhibit 1, # 2 Exhibit Exhibit 2, # 3 Exhibit Exhibit 3, # 4 Exhibit Exhibit 4, # 5 Exhibit Exhibit 5, # 6 Exhibit Exhibit 6, # 7 Exhibit Exhibit 7, # 8 Exhibit Exhibit 8, # 9 Exhibit Exhibit 9)(Fuchs, Yuri) (Entered: 08/31/2022)
2022-08-3129Waiver of re 27 MOTION for Summary Judgment of Hearing by U.S. Securities and Exchange Commission (Fuchs, Yuri) (Entered: 08/31/2022)
2022-09-0730Consent MOTION for Extension of Time to File Response/Reply as to 27 MOTION for Summary Judgment by Empower Oversight Whistleblowers & Research. (Attachments: # 1 Proposed Order)(Beelaert, Jeffrey) (Entered: 09/07/2022)
2022-10-0331Opposition to 27 MOTION for Summary Judgment filed by Empower Oversight Whistleblowers & Research. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)(Beelaert, Jeffrey) (Entered: 10/03/2022)
2022-10-0332ORDER granting 30 Consent Motion for Extension of Time to File Response/Reply. ORDERED that the parties adhere to the following schedule: Opposition to summary judgment is due on or before Monday, October 3, 2022; and Any reply is due on or before Tuesday, October 11, 2022. Signed by Magistrate Judge William E. Fitzpatrick on 10/3/2022. (swil) (Entered: 10/04/2022)
2022-10-1133REPLY to Response to Motion re 27 MOTION for Summary Judgment filed by U.S. Securities and Exchange Commission. (Attachments: # 1 Exhibit Exhibit 1, # 2 Exhibit Exhibit 2, # 3 Exhibit Exhibit 3)(Fuchs, Yuri) (Entered: 10/11/2022)
2022-12-2034NOTICE by Empower Oversight Whistleblowers & Research (Attachments: # 1 Exhibit A)(Beelaert, Jeffrey) (Entered: 12/20/2022)
2023-01-2735NOTICE by Empower Oversight Whistleblowers & Research re 27 MOTION for Summary Judgment Requesting Oral Argument (Beelaert, Jeffrey) (Entered: 01/27/2023)
2023-07-0536MEMORANDUM OPINION and ORDER granting-in-part defendant's Motion for Summary Judgment. It is FURTHER ORDERED that the parties are to submit a joint status report no later than July 19, 2023. Signed by District Judge Rossie D. Alston, Jr on 07/05/2023. (dvanm) (Entered: 07/05/2023)
2023-07-0537Clerks Judgment is hereby entered in accordance with Rule 58 of the Federal Rules of Civil Procedure in favor of the Defendant, United States Securities and Exchange Commission, as to Count 1 . Entered by Clerk on 07/05/2023. (dvanm) (Entered: 07/05/2023)
2023-07-1938STATUS REPORT (Joint) by U.S. Securities and Exchange Commission. (Fuchs, Yuri) (Entered: 07/19/2023)
2023-07-2639ORDERED that the parties submit joint status reports every thirty (30) days. Signed by District Judge Rossie D. Alston, Jr on 7/26/2023. (swil) (Entered: 07/27/2023)
2023-08-2540STATUS REPORT (Joint) by U.S. Securities and Exchange Commission. (Fuchs, Yuri) (Entered: 08/25/2023)
2023-09-2541STATUS REPORT (Joint) by U.S. Securities and Exchange Commission. (Fuchs, Yuri) (Entered: 09/25/2023)
2023-10-2542STATUS REPORT (Joint) by U.S. Securities and Exchange Commission. (Fuchs, Yuri) (Entered: 10/25/2023)
2023-11-2243STATUS REPORT (Joint) by U.S. Securities and Exchange Commission. (Fuchs, Yuri) (Entered: 11/22/2023)
2023-12-2244STATUS REPORT (Joint) by U.S. Securities and Exchange Commission. (Fuchs, Yuri) (Entered: 12/22/2023)
2024-01-2245STATUS REPORT (Joint) by U.S. Securities and Exchange Commission. (Fuchs, Yuri) (Entered: 01/22/2024)
2024-02-2146STATUS REPORT (Joint) by U.S. Securities and Exchange Commission. (Fuchs, Yuri) (Entered: 02/21/2024)
2024-02-2147ORDERED that this matter is STAYED and should be placed among the inactivecauses; and it is FURTHER ORDERED that the parties' schedule of status reports is MODIFIED such that the parties SHALL submit joint status reports every sixty (60) days. Signed by District Judge Rossie D. Alston, Jr on 2/21/2024. (swil) (Entered: 02/21/2024)
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