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Case TitleNew Civil Liberties Alliance et al v. U.S. Securities and Exchange Commission
DistrictSouthern District of Texas
CityGalveston
Case Number3:2023cv00402
Date Filed2023-12-20
Date ClosedOpen
JudgeJudge Jeffrey V Brown
PlaintiffNew Civil Liberties Alliance
PlaintiffInvestor Choice Advocates Network
PlaintiffPatriot 28 LLC
PlaintiffGeorge R. Jarkesy, Jr.
Case DescriptionNew Civil Liberties Alliance, Investors Choice Advocates Network, Patriot 28, and George Jarkesy submitted a FOIA request to the SEC for records concerning a control deficiency that the agency had learned about. The requesters also requested expedited processing and a fee waiver. The agency acknowledged receipt of the request but after hearing nothing further from the agency NCLA filed suit.
Complaint issues: Failure to respond within statutory time limit, 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
Complaint attachment 5
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2023-12-201COMPLAINT against SECURITIES & EXCHANGE COMMISION (Filing fee $ 405 receipt number ATXSDC-30964424) filed by Patriot 28 LLC, Investor Choice Advocates Network, New Civil Liberties Alliance, George Jarkesy, Jr. (Attachments: # 1 Civil Cover Sheet JS 44 Civ Cover Sheet FOIA, # 2 Supplement Notice re Proposed Summonses, # 3 Supplement Summons, # 4 Supplement Summons, # 5 Supplement Summons)(Lindzen, Nathaniel) (Entered: 12/20/2023)
2023-12-212Summons Issued as to SECURITIES & EXCHANGE COMMISION, U.S. Attorney and U.S. Attorney General. Issued summons returned to plaintiff by NEF, filed.(RhondaMooreKonieczny, 4) (Entered: 12/21/2023)
2023-12-213ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 4/3/2024 at 09:00 AM by video before Magistrate Judge Andrew M Edison (Signed by Judge Jeffrey V Brown) Parties notified. (VanesaAranda, 3) (Entered: 12/21/2023)
2024-02-054NOTICE of Appearance by Mary Alexandra Verdi on behalf of U.S. Securities and Exchange Commission, filed. (Verdi, Mary) (Entered: 02/05/2024)
2024-02-055ANSWER to 1 Complaint, by U.S. Securities and Exchange Commission, filed.(Verdi, Mary) (Entered: 02/05/2024)
2024-02-086First AMENDED ANSWER to 1 Complaint, by U.S. Securities and Exchange Commission, filed. (Verdi, Mary) (Entered: 02/08/2024)
2024-03-227Joint MOTION to Vacate 3 Order for Initial Conference - FORM, by U.S. Securities and Exchange Commission, filed. Motion Docket Date 4/12/2024. (Verdi, Mary) (Entered: 03/22/2024)
2024-03-258ORDER granting 7 Motion to Vacate.(Signed by Judge Jeffrey V Brown) Parties notified. (GeorgeCardenas, 3) (Entered: 03/25/2024)
2024-04-059MOTION for Partial Summary Judgment on Expedited Treatment by U.S. Securities and Exchange Commission, filed. Motion Docket Date 4/26/2024. (Attachments: # 1 Statement of Material Facts, # 2 Affidavit of Adrienne Santos, # 3 Exhibit A, # 4 Proposed Order, # 5 Affidavit of Service) (Verdi, Mary) (Entered: 04/05/2024)
2024-04-1910Cross MOTION for Summary Judgment on Expedited Processing by Investor Choice Advocates Network, George R. Jarkesy, Jr, New Civil Liberties Alliance, Patriot 28 LLC, filed. Motion Docket Date 5/10/2024. (Attachments: # 1 Affidavit Declaration of Nathaniel Lindzen, # 2 Affidavit Plaintiffs Answer to Defns' SMF, # 3 Proposed Order Plaintiffs' Proposed Order, # 4 Affidavit Plaintiffs Cert of Service) (Lindzen, Nathaniel) (Entered: 04/19/2024)
2024-05-0211REPLY in Support of 9 MOTION for Partial Summary Judgment on Expedited Treatment , filed by U.S. Securities and Exchange Commission. (Attachments: # 1 Affidavit of Service) (Verdi, Mary) (Entered: 05/02/2024)
2024-05-1612REPLY in Support of 10 Cross MOTION for Summary Judgment on Expedited Processing , filed by Investor Choice Advocates Network, George R. Jarkesy, Jr, New Civil Liberties Alliance, Patriot 28 LLC. (Attachments: # 1 Affidavit Certificate of Service) (Lindzen, Nathaniel) (Entered: 05/16/2024)
2024-07-0213NOTICE of Supplemental Authority by Investor Choice Advocates Network, George R. Jarkesy, Jr, New Civil Liberties Alliance, Patriot 28 LLC, filed. (Lindzen, Nathaniel) (Entered: 07/02/2024)
2024-07-1614RESPONSE to 13 Notice (Other) of Supplemental Authority , filed by U.S. Securities and Exchange Commission. (Verdi, Mary) (Entered: 07/16/2024)
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by FOIA Project Staff
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