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Case TitleCAHILL v. U.S. DEPARTMENT OF COMMERCE
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2024cv01351
Date Filed2024-05-08
Date ClosedOpen
JudgeJudge Loren L. AliKhan
PlaintiffBRET EDWARD CAHILL
Case DescriptionBret Cahill submitted a FOIA request to the Department of Commerce for records concerning the audio recording from his litigation against the Patent and Trademark Office. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Cahill 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
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2024-05-081COMPLAINT against U.S. DEPARTMENT OF COMMERCE ( Filing fee $ 405, receipt number 207313) filed by BRET EDWARD CAHILL. (Attachments: # 1 Civil Cover Sheet)(mg) (Entered: 05/10/2024)
2024-05-082NOTICE OF RELATED CASE by BRET EDWARD CAHILL. Case related to Case No. USCA-FED 24-1745. (mg) (Entered: 05/10/2024)
2024-05-10SUMMONS (3) Issued as to U.S. DEPARTMENT OF COMMERCE, U.S. Attorney and U.S. Attorney General (mg) (Entered: 05/10/2024)
2024-05-20Summons (2) REISSUED as to U.S. DEPARTMENT OF COMMERCE, U.S. Attorney General; sent to Plaintiff by mail (mg) Modified docket text on 5/21/2024 (mg). (Entered: 05/20/2024)
2024-05-303RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF COMMERCE served on 5/21/2024 (zjm) (Entered: 05/31/2024)
2024-05-304RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 05/23/2024. (zjm) (Entered: 05/31/2024)
2024-05-305RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 5/23/2024. Answer due for ALL FEDERAL DEFENDANTS by 6/22/2024. (zjm) (Entered: 05/31/2024)
2024-06-056AFFIDAVIT of Service re 5 by BRET EDWARD CAHILL. (mg) Modified on 6/12/2024 to add link (mg). (Entered: 06/11/2024)
2024-06-067AFFIDAVIT OF Service re 5 by BRET EDWARD CAHILL. (mg) Modified on 6/12/2024 to add link (mg). (Entered: 06/11/2024)
2024-06-208NOTICE of Appearance by Brian J. Levy on behalf of U.S. DEPARTMENT OF COMMERCE (Attachments: # 1 Certificate of Service)(Levy, Brian) (Entered: 06/20/2024)
2024-06-209MOTION for Extension of Time to File Answer re 1 Complaint by U.S. DEPARTMENT OF COMMERCE. (Attachments: # 1 Exhibit, # 2 Text of Proposed Order, # 3 Certificate of Service)(Levy, Brian) (Entered: 06/20/2024)
2024-06-2510Memorandum in opposition to re 9 Motion for Extension of Time to File Answer filed by BRET EDWARD CAHILL. (mg) (Entered: 06/28/2024)
2024-07-01MINUTE ORDER: Upon consideration of Defendant's Motion for Extension of Time to Respond to the Complaint 9 and Plaintiff's opposition 10 , it is hereby ORDERED that the motion is GRANTED for good cause, pursuant to Federal Rule of Civil Procedure 6(b). It is further ORDERED that Defendant shall file its answer or otherwise respond to Plaintiff's complaint on or before July 24, 2024. Signed by Judge Loren L. AliKhan on 7/1/2024. (lclla1) (Entered: 07/01/2024)
2024-07-01Set/Reset Deadlines/Hearings: Answer or other response to complaint due by 7/24/2024. (zcdw) (Entered: 07/01/2024)
2024-07-0111MOTION for CM/ECF Password by BRET EDWARD CAHILL. (mg) (Entered: 07/02/2024)
2024-07-02MINUTE ORDER: Upon consideration of Plaintiff's Motion for CM/ECF Password 11 , it is hereby ORDERED that the motion is GRANTED. Signed by Judge Loren L. AliKhan on 7/2/2024. (lclla1) (Entered: 07/02/2024)
2024-07-0312Memorandum in opposition to re 9 Motion for Extension of Time to File Answer filed by BRET EDWARD CAHILL. (Attachments: # 1 Exhibit)(CAHILL, BRET) (Entered: 07/03/2024)
2024-07-1613REQUEST for Production of Documents by BRET EDWARD CAHILL. "Leave to file GRANTED." Signed by Judge Loren L. AliKhan on July 16, 2024.(mg) (Entered: 07/16/2024)
2024-07-16MINUTE ORDER: Upon consideration of Plaintiff's Request for Production of Documents 13 , it is hereby ORDERED that Plaintiff's request is DENIED without prejudice as premature. Plaintiff's request goes to the merits of his FOIA challenge, and the government has not yet filed an answer. Signed by Judge Loren L. AliKhan on 7/16/2024. (lclla1) (Entered: 07/16/2024)
2024-07-17ENTERED IN ERROR.....Ex Parte by BRET EDWARD CAHILL. (CAHILL, BRET) Modified on 7/18/2024; entered in error per plaintiff (zdp). (Entered: 07/17/2024)
2024-07-1814MOTION for Bill of Costs by BRET EDWARD CAHILL. (Attachments: # 1 Exhibit Exhibit 2)(CAHILL, BRET) Modified event on 7/19/2024 (znmw). (Entered: 07/18/2024)
2024-07-2415MOTION to Dismiss , MOTION for Summary Judgment by U.S. DEPARTMENT OF COMMERCE. (Attachments: # 1 Memorandum in Support, # 2 Declaration, # 3 Exhibit 1, # 4 Exhibit 2, # 5 Exhibit 3, # 6 Exhibit 4, # 7 Exhibit 5, # 8 Exhibit 6, # 9 Exhibit 7, # 10 Exhibit 8, # 11 Exhibit 9, # 12 Exhibit 10, # 13 Exhibit 11, # 14 Exhibit 12, # 15 Text of Proposed Order, # 16 Certificate of Service)(Levy, Brian) (Entered: 07/24/2024)
2024-07-2416Memorandum in opposition to re 14 Motion for Bill of Costs filed by U.S. DEPARTMENT OF COMMERCE. (Attachments: # 1 Declaration, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Exhibit 9, # 11 Exhibit 10, # 12 Exhibit 11, # 13 Exhibit 12, # 14 Text of Proposed Order, # 15 Certificate of Service)(Levy, Brian) (Entered: 07/24/2024)
2024-07-2517FOX/NEAL ORDER: Plaintiff is hereby ORDERED to respond to Defendant's motion to dismiss or in the alternative for summary judgment 15 on or before August 7, 2024. See order for details. Signed by Judge Loren L. AliKhan on 7/25/2024. (lclla1) (Entered: 07/25/2024)
2024-07-25MINUTE ORDER: It is hereby ORDERED that Plaintiff shall file his reply in support of his motion for costs 14 on or before July 31, 2024. Signed by Judge Loren L. AliKhan on 7/25/2024. (lclla1) (Entered: 07/25/2024)
2024-07-2518REPLY to opposition to motion re 14 MOTION for Bill of Costs, 15 MOTION to Dismiss MOTION for Summary Judgment filed by BRET EDWARD CAHILL. (CAHILL, BRET) (Entered: 07/25/2024)
2024-07-2519ENTERED IN ERROR.....Memorandum in opposition to re 14 Motion for Bill of Costs, 15 Motion to Dismiss,, Motion for Summary Judgment, filed by BRET EDWARD CAHILL. (CAHILL, BRET) Modified on 7/25/2024; at Plaintiff's request (mg). (Entered: 07/25/2024)
2024-07-2620SUPPLEMENTAL MEMORANDUM to re 14 MOTION for Bill of Costs, 15 MOTION to Dismiss MOTION for Summary Judgment filed by BRET EDWARD CAHILL. (CAHILL, BRET) (Entered: 07/26/2024)
2024-07-3121Memorandum in opposition to re 14 Motion for Bill of Costs filed by BRET EDWARD CAHILL. (CAHILL, BRET) (Entered: 07/31/2024)
2024-08-0122REPLY to opposition to motion re 15 MOTION to Dismiss MOTION for Summary Judgment filed by U.S. DEPARTMENT OF COMMERCE. (Levy, Brian) (Entered: 08/01/2024)
2024-08-01MINUTE ORDER: Defendant has filed a reply 22 in support of its motion to dismiss or for summary judgment 15 . Defendant's reply purportedly responds to Plaintiff's opposition 19 , filed on July 25, 2024. However, ECF No. 19 was designated as "entered in error," and the court will therefore disregard it. Per the court's Fox/Neal order 17 , Plaintiff has until August 7, 2024 to file his opposition to Defendant's motion to dismiss. Any reply filed by Defendant before Plaintiff has filed his opposition is premature. The court will therefore disregard Defendant's reply 22 . Signed by Judge Loren L. AliKhan on 8/1/2024. (lclla1) (Entered: 08/01/2024)
2024-08-0723REPLY re 15 MOTION to Dismiss MOTION for Summary Judgment filed by BRET EDWARD CAHILL. (CAHILL, BRET) (Entered: 08/07/2024)
2024-08-1424REPLY to opposition to motion re 15 MOTION to Dismiss MOTION for Summary Judgment filed by U.S. DEPARTMENT OF COMMERCE. (Levy, Brian) (Entered: 08/14/2024)
2024-08-1925SURREPLY re 24 REPLY to opposition to motion re 15 MOTION to Dismiss MOTION for Summary Judgment Reply To Defendant's Doc 24 filed by BRET EDWARD CAHILL. (Attachments: # 1 Exhibit)(CAHILL, BRET) Modified event title and link on 8/19/2024 (znmw). (Entered: 08/19/2024)
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