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Case TitleGIBSON DUNN & CRUTCHER LLP v. U.S. SECURITIES AND EXCHANGE COMMISSION
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2023cv01749
Date Filed2023-06-15
Date ClosedOpen
JudgeJudge Beryl A. Howell
PlaintiffGIBSON DUNN & CRUTCHER LLP
Case DescriptionThe law firm of Gibson, Dunn & Crutcher submitted a FOIA request to the SEC for records concerning the SEC's position in enforcement actions that investors who provide convertible loans to public companies are actually dealers. The agency acknowledged receipt of the request. The agency located 56 responsive pages. The agency withheld 38 pages under Exemption 5 (privileges). Gibson Dunn filed an administrative appeal. After a discussion with the agency attorney, Gibson Dunn revised its request to ask for seven categories of records. The agency remanded the request for a further search but after hearing nothing further from the agency, Gibson Dunn 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
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User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2023-06-151COMPLAINT against U.S. SECURITIES AND EXCHANGE COMMISSION ( Filing fee $ 402 receipt number ADCDC-10145088) filed by GIBSON DUNN & CRUTCHER LLP. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P, # 17 Civil Cover Sheet, # 18 Summons - U.S. Securities and Exchange Commission, # 19 Summons - U.S Attorney's Office for D.C., # 20 Summons - Merrick Garland, U.S. Attorney General)(Walker, Helgard) (Entered: 06/15/2023)
2023-06-16Case Assigned to Judge Beryl A. Howell. (zljn) (Entered: 06/16/2023)
2023-06-162SUMMONS (3) Issued Electronically as to U.S. SECURITIES AND EXCHANGE COMMISSION, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(zljn) (Entered: 06/16/2023)
2023-06-163NOTICE of Appearance by Brian Alan Richman on behalf of GIBSON DUNN & CRUTCHER LLP (Richman, Brian) (Entered: 06/16/2023)
2023-06-164STANDING ORDER. Signed by Judge Beryl A. Howell on June 16, 2023. (lcbah4) (Entered: 06/16/2023)
2023-06-205RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 6/20/2023. Answer due for ALL FEDERAL DEFENDANTS by 7/20/2023. (Attachments: # 1 Exhibit A - Certified Mail Receipts - U.S. Attorney's Office for the District of Columbia, U.S. Attorney General and U.S. Securities and Exchange Commission, # 2 Exhibit B - Delivery Receipt (6/20/2023) - U.S. Attorney's Office for the District of Columbia, # 3 Exhibit C - Delivery Receipt (6/20/2023) - U.S. Attorney General, # 4 Exhibit D - Delivery Receipt (6/20/2023) - U.S. Securities and Exchange Commission)(Richman, Brian) (Entered: 06/20/2023)
2023-07-116NOTICE of Appearance by Michael S. Bailey on behalf of U.S. SECURITIES AND EXCHANGE COMMISSION (Bailey, Michael) (Entered: 07/11/2023)
2023-07-117Consent MOTION for Extension of Time to File Answer re 1 Complaint,, by U.S. SECURITIES AND EXCHANGE COMMISSION. (Attachments: # 1 Text of Proposed Order)(Bailey, Michael) (Entered: 07/11/2023)
2023-07-12MINUTE ORDER (paperless) GRANTING defendant's 7 Consent Motion for Extension of Time, and DIRECTING defendant to answer or otherwise respond to plaintiff's 1 Complaint by August 3, 2023. Signed by Judge Beryl A. Howell on July 12, 2023. (lcbah4) (Entered: 07/12/2023)
2023-07-13Set/Reset Deadlines: Answer to the Complaint due by 8/3/2023. (ztg) (Entered: 07/13/2023)
2023-08-038ANSWER to Complaint by U.S. SECURITIES AND EXCHANGE COMMISSION.(Bailey, Michael) (Entered: 08/03/2023)
2023-08-179Joint STATUS REPORT by U.S. SECURITIES AND EXCHANGE COMMISSION. (Bailey, Michael) (Entered: 08/17/2023)
2023-08-17MINUTE ORDER (paperless) DIRECTING, upon consideration of the parties' 9 Joint Status Report, the parties to submit another joint status report by October 18, 2023, with a proposed schedule to govern further proceedings in this matter. Signed by Judge Beryl A. Howell on August 17, 2023. (lcbah4) (Entered: 08/17/2023)
2023-08-18Set/Reset Deadlines: Parties Joint Status Report due by 10/18/2023 (mac) (Entered: 08/18/2023)
2023-10-1810Joint STATUS REPORT by U.S. SECURITIES AND EXCHANGE COMMISSION. (Bailey, Michael) (Entered: 10/18/2023)
2023-10-20MINUTE ORDER (paperless) DIRECTING the parties, upon consideration of their 10 Joint Status Report, to file, by November 20, 2023, a joint status report, advising the Court of the status of this matter. Signed by Judge Beryl A. Howell on October 20, 2023. (lcbah4) (Entered: 10/20/2023)
2023-10-23Set/Reset Deadlines: Parties Joint Status Report due by 11/20/2023. (mac) (Entered: 10/23/2023)
2023-11-1711Joint STATUS REPORT by U.S. SECURITIES AND EXCHANGE COMMISSION. (Bailey, Michael) (Entered: 11/17/2023)
2023-11-21MINUTE ORDER (paperless) DIRECTING the parties, upon consideration of their 11 Joint Status Report, to file, by December 20, 2023, a joint status report, advising the Court of the status of this matter. Signed by Judge Beryl A. Howell on November 21, 2023. (lcbah4) (Entered: 11/21/2023)
2023-11-21Set/Reset Deadlines: Parties Joint Status Report due by 12/20/2023 (mac) (Entered: 11/22/2023)
2023-12-2012Joint STATUS REPORT by GIBSON DUNN & CRUTCHER LLP. (Walker, Helgard) (Entered: 12/20/2023)
2023-12-24MINUTE ORDER (paperless) DIRECTING the parties, upon consideration of their 12 Joint Status Report, to file, by January 19, 2024, a joint status report advising the Court of the status of this matter. Signed by Judge Beryl A. Howell on December 24, 2023. (lcbah4) (Entered: 12/24/2023)
2023-12-26Set/Reset Deadlines: Joint Status Report due by 1/19/2024. (zalh) (Entered: 12/26/2023)
2024-01-1913Joint STATUS REPORT by U.S. SECURITIES AND EXCHANGE COMMISSION. (Bailey, Michael) (Entered: 01/19/2024)
2024-01-23MINUTE ORDER (paperless) DIRECTING, upon consideration of the parties' 13 Joint Status Report, the parties to file, by February 19, 2024, another joint status report advising the Court of the status of this matter, whether any disputes remain between the parties and, if so, proposing a schedule to govern further proceedings. Signed by Judge Beryl A. Howell on January 23, 2024. (lcbah4) (Entered: 01/23/2024)
2024-01-23Set/Reset Deadlines: Parties Joint Status Report due by 2/19/2024 (mac) (Entered: 01/23/2024)
2024-02-1914Joint STATUS REPORT by GIBSON DUNN & CRUTCHER LLP. (Richman, Brian) (Entered: 02/19/2024)
2024-02-21MINUTE ORDER (paperless) DIRECTING, upon consideration of the parties' 14 Joint Status Report, the parties to file, by April 26, 2024, another joint status report advising the Court of the status of this matter, whether any disputes remain between the parties and, if so, proposing a schedule to govern further proceedings. Signed by Judge Beryl A. Howell on February 21, 2024. (lcbah4) (Entered: 02/21/2024)
2024-02-22Set/Reset Deadlines: Parties Joint Status Report due by 4/26/2024 (mac) (Entered: 02/22/2024)
2024-04-2615Joint STATUS REPORT by U.S. SECURITIES AND EXCHANGE COMMISSION. (Bailey, Michael) (Entered: 04/26/2024)
2024-04-29MINUTE ORDER (paperless) DIRECTING, upon consideration of the parties' 15 Joint Status Report, the parties to file, by June 26, 2024, another joint status report advising the Court of the status of this matter, whether any disputes remain between the parties and, if so, proposing a schedule to govern further proceedings. Signed by Judge Beryl A. Howell on April 29, 2024. (lcbah1) (Entered: 04/29/2024)
2024-04-30Set/Reset Deadlines: Parties Joint Status Report due by 6/26/2024 (mac) (Entered: 04/30/2024)
2024-06-2616Joint STATUS REPORT by U.S. SECURITIES AND EXCHANGE COMMISSION. (Bailey, Michael) (Entered: 06/26/2024)
2024-06-28MINUTE ORDER (paperless) DIRECTING, upon consideration of the parties' 16 Joint Status Report, the parties to file, by August 26, 2024, another joint status report advising the Court of the status of this matter, whether any disputes remain between the parties and, if so, proposing a schedule to govern further proceedings. Signed by Judge Beryl A. Howell on June 28, 2024. (lcbah4) (Entered: 06/28/2024)
2024-06-29Set/Reset Deadlines: Parties Joint Status Report due by 8/26/2024 (mac) (Entered: 06/29/2024)
2024-08-2617Joint STATUS REPORT by U.S. SECURITIES AND EXCHANGE COMMISSION. (Bailey, Michael) (Entered: 08/26/2024)
2024-08-28MINUTE ORDER (paperless) DIRECTING, upon consideration of the parties' 17 Joint Status Report, the parties to file, by November 26, 2024, another joint status report advising the Court of the status of this matter, whether any disputes remain between the parties and, if so, proposing a schedule to govern further proceedings. Signed by Judge Beryl A. Howell on August 28, 2024. (lcbah4) (Entered: 08/28/2024)
2024-08-28Set/Reset Deadlines: Joint Status Report due by 11/26/2024. (zalh) (Entered: 08/30/2024)
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