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Case TitleAmerican Securities Association v. U.S. Securities and Exchange Commission
DistrictMiddle District of Florida
CityTampa
Case Number8:2024cv01377
Date Filed2024-06-06
Date ClosedOpen
JudgeJudge Steven D. Merryday
PlaintiffAmerican Securities Association
Case DescriptionAmerican Securities Association submitted FOIA requests to the SEC for records concerning the SEC's recent recordkeeping sweep initiative. The agency acknowledged receipt of the requests but after hearing nothing further from the agency, ASA filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Vaughn index, Litigation - Attorney's fees

DefendantU.S. Securities and Exchange Commission
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2024-06-061COMPLAINT against U.S. Securities and Exchange Commission (Filing fee $405 receipt number AFLMDC-22167517) filed by American Securities Association. (Attachments: # 1 Civil Cover Sheet, # 2 Proposed Summons)(Shapiro, Daniel) (Entered: 06/06/2024)
2024-06-062NEW CASE ASSIGNED to Judge Steven D. Merryday and Magistrate Judge Sean P. Flynn. New case number: 8:24-cv-1377-SDM-SPF. (AA) (Entered: 06/06/2024)
2024-06-063SUMMONS issued as to U.S. Securities and Exchange Commission. (BD) (Entered: 06/06/2024)
2024-06-064NOTICE TO COUNSELS John Michael Connolly, Conor D. Woodfin and Steven Christopher Begakis Local Rule 2.01(c), Special Admission - File a Motion to Appear Pro Hac Vice. Co-counsel with filing rights may electronically file the motion on behalf of the lawyer seeking Special Admission or the motion may be filed in paper format; Pay the Special Admission Fee; (Signed by Deputy Clerk). (BD) (Entered: 06/06/2024)
2024-06-065CERTIFICATE of interested persons and corporate disclosure statement by American Securities Association. (Shapiro, Daniel) (Entered: 06/06/2024)
2024-06-076NOTICE of Local Rule 1.07(c) and Local Rule 3.02(a)(2), and Local Rule 3.03. -Local Rule 1.07(c) requires lead counsel to file promptly a Notice of a Related Action identifying and describing any related action either pending or closed in the Middle District or elsewhere. -Local Rule 3.02(a)(2) requires the parties in every civil proceeding, except those described in subsection (d), to file a case management report (CMR) using the uniform form at www.flmd.uscourts.gov. The CMR must be filed (1) within forty days after any defendant appears in an action originating in this court, (2) within forty days after the docketing of an action removed or transferred to this court, or (3) within seventy days after service on the United States attorney in an action against the United States, its agencies or employees. Judges may have a special CMR form for certain types of cases. These forms can be found at www.flmd.uscourts.gov under the Forms tab for each judge. (Signed by Deputy Clerk). (DAY) (Entered: 06/07/2024)
2024-06-137RETURN of service executed on 6/7/2024 by American Securities Association as to U.S. Securities and Exchange Commission. (Shapiro, Daniel) Modified text on 6/14/2024 (GL). (Entered: 06/13/2024)
2024-06-148MOTION for J. Michael Connolly to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-22198602 for $150 by American Securities Association. (Shapiro, Daniel) Motions referred to Magistrate Judge Sean P. Flynn. (Entered: 06/14/2024)
2024-06-179MOTION for Conor D. Woodfin to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-22202280 for $150 by American Securities Association. (Shapiro, Daniel) Motions referred to Magistrate Judge Sean P. Flynn. (Entered: 06/17/2024)
2024-06-1710MOTION for Steven C. Begakis to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-22202293 for $150 by American Securities Association. (Shapiro, Daniel) Motions referred to Magistrate Judge Sean P. Flynn. (Entered: 06/17/2024)
2024-06-1711ENDORSED ORDER granting [8, 9] Motions to Appear Pro Hac Vice. Attorneys Michael Connolly and Conor Woodfin may appear pro hac vice on behalf of Plaintiff American Securities Association. Within twenty-one (21) days of the date of this Order, counsel shall comply with Local Rule 2.01(b)(1)(G), which requires registration with the Middle District CM/ECF system. Signed by Magistrate Judge Sean P. Flynn on 6/17/2024. (ACS) (Entered: 06/17/2024)
2024-06-1712ENDORSED ORDER granting 10 Steven Begakis's Motion to Appear Pro Hac Vice. Counsel must register with the Court's CM/ECF system within 21 days. Signed by Magistrate Judge Sean P. Flynn on 6/17/2024. (ACS) (Entered: 06/17/2024)
2024-06-1713RETURN of service executed on 6/17/2024 by American Securities Association as to U.S. Securities and Exchange Commission. (Shapiro, Daniel) (Entered: 06/17/2024)
2024-06-1814NOTICE of a related action per Local Rule 1.07(c) by American Securities Association. Related case(s): No (Connolly, John) (Entered: 06/18/2024)
2024-07-1215ANSWER and affirmative defenses to 1 Complaint by U.S. Securities and Exchange Commission.(Cheng, Esther) (Entered: 07/12/2024)
2024-07-1216CORPORATE Disclosure Statement by U.S. Securities and Exchange Commission. (Cheng, Esther) (Entered: 07/12/2024)
2024-07-1517NOTICE informing the parties that they may consent to the jurisdiction of a United States magistrate judge by filing Form AO 85 Notice, Consent, and Reference of a Civil Action to a Magistrate Judge using the event Consent to Jurisdiction of US Magistrate Judge . (Signed by Deputy Clerk). (DAY) (Entered: 07/15/2024)
2024-08-2118UNOPPOSED JOINT MOTION to Extend Deadline to File Case Management Report by American Securities Association. (Connolly, John) Modified on 8/22/2024 to edit text (ELM). (Entered: 08/21/2024)
2024-09-0419ENDORSED ORDER: The joint motion (Doc. 18 ) to extend the time within which to file a case management scheduling report is GRANTED. No later than OCTOBER 4, 2024, the parties must submit a report. Signed by Judge Steven D. Merryday on 9/4/2024. (DJL) (Entered: 09/04/2024)
2024-10-0420Unopposed MOTION for Extension of Time to File Case Management Report by U.S. Securities and Exchange Commission. (Cheng, Esther) (Entered: 10/04/2024)
2024-10-0721ENDORSED ORDER: The parties move (Doc. 20 ) again to extend the time within which to file a case management report. The motion is GRANTED. No later than OCTOBER 18, 2024, the parties must file a case management report. In the absence of extraordinary circumstance, no further extension is available. Signed by Judge Steven D. Merryday on 10/7/2024. (DJL) (Entered: 10/07/2024)
2024-10-1822CASE MANAGEMENT REPORT. (Cheng, Esther) (Entered: 10/18/2024)
2024-10-2123CASE MANAGEMENT AND SCHEDULING ORDER: adopting the deadlines proposed by the plaintiff; deferring the scheduling of the final pre-trial conference and the trial term. Signed by Judge Steven D. Merryday on 10/21/2024. (DJL) (Entered: 10/21/2024)
2025-02-0624Unopposed MOTION for Daniel Shapiro to Withdraw as Attorney by American Securities Association. (Shapiro, Daniel) (Entered: 02/06/2025)
2025-02-0725ENDORSED ORDER: Daniel Shapiro moves (Doc. 24 ) to withdraw as counsel for American Securities Association. Local Rule 2.02(c) requires a withdrawing attorney to certify, in the motion, that "the lawyer has provided fourteen days' notice to the client or that the client consents to withdrawal." No such certification appears in the motion. Because the motion fails to comply with Local Rule 2.02, the motion to withdraw is DENIED WITHOUT PREJUDICE. Shapiro may renew the motion in accord with Rule 2.02. Signed by Judge Steven D. Merryday on 2/7/2025. (DJL) (Entered: 02/07/2025)
2025-02-1026Second MOTION for Daniel Shapiro to Withdraw as Attorney (Unopposed) by American Securities Association. (Shapiro, Daniel) (Entered: 02/10/2025)
2025-02-1427ENDORSED ORDER: Daniel Shapiro moves (Doc. 24 ) to withdraw as counsel for American Securities Association. The motion is GRANTED. Shapiro is WITHDRAWN as counsel. The clerk must terminate Shapiro from the service list for American Securities. Signed by Judge Steven D. Merryday on 2/14/2025. (DJL) (Entered: 02/14/2025)
2025-02-2528MOTION for Miscellaneous Relief, specifically Motion to be Excused from Mediation by U.S. Securities and Exchange Commission. (Cheng, Esther) (Entered: 02/25/2025)
2025-03-0429ENDORSED ORDER: Citing ongoing negotiations and the limited scope of issues in this action, the defendant moves (Doc. 28 ) for excusal from the mediation deadline of March 7, 2025. A review of the docket reveals no mediation order. The motion is GRANTED. However, if the parties fail to resolve the remaining issues, the parties are subject to mediation before a court-selected mediator. No later than April 18, 2025, the parties must submit a status report. Signed by Judge Steven D. Merryday on 3/4/2025. (DJL) (Entered: 03/04/2025)
2025-03-1030STATUS report by U.S. Securities and Exchange Commission. (Cheng, Esther) (Entered: 03/10/2025)
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by FOIA Project Staff
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