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Case TitleCarter Hayes, LLC v. Federal Trade Commission
DistrictEastern District of Virginia
CityAlexandria
Case Number1:2018cv00165
Date Filed2018-02-13
Date Closed2018-04-27
JudgeDistrict Judge Leonie M. Brinkema
PlaintiffCarter Hayes, LLC a Virginia Limited Liability Company
Case DescriptionThe law firm of Carter Hayes submitted a number of FOIA requests to the Federal Trade Commission for recent records concerning alcoholic beverages. The agency acknowledged receipt of the requests and told Carter Hayes that it would need to provide $2,500 in estimated fees. The agency subsequently assessed an additional $500 in fees. The agency ultimately processed 389 pages but disclosed only 60 pages. Carter Hayes filed an administrative appeal and asked the agency to explain its fee assessment. After the agency failed to respond to the law firm's administrative appeal, Carter Hayes filed suit.
Complaint issues: Failure to respond within statutory time limit, Fees - Advance Payment, Litigation - Attorney's fees

DefendantFederal Trade Commission
Documents
Docket
Complaint
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Complaint attachment 12
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Complaint attachment 14
Complaint attachment 15
Complaint attachment 16
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2018-02-131COMPLAINT against Federal Trade Commission ( Filing fee $ 400, receipt number 0422-5944902.), filed by Carter Hayes, LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit F, # 6 Exhibit G, # 7 Exhibit H, # 8 Exhibit J, # 9 Exhibit K, # 10 Exhibit L, # 11 Exhibit M, # 12 Exhibit N, # 13 Exhibit O, # 14 Exhibit P, # 15 Exhibit Q, # 16 Civil Cover Sheet)(acha, ) (Entered: 02/14/2018)
2018-02-142NOTICE by Carter Hayes, LLC Notice of Submission (Attachments: # 1 Exhibit B, # 2 Exhibit C, # 3 Exhibit D, # 4 Exhibit E, # 5 Exhibit I)(Carter, John) (Entered: 02/14/2018)
2018-02-163Proposed Summons US, US Att., FTC by Carter Hayes, LLC. (Attachments: # 1 Summons AG, # 2 Summons US Att., # 3 Summons FTC)(Carter, John) (Entered: 02/16/2018)
2018-02-164Financial Interest Disclosure Statement (Local Rule 7.1) by Carter Hayes, LLC. (Carter, John) (Entered: 02/16/2018)
2018-02-205Summons Issued as to Federal Trade Commission, U.S. Attorney and U.S. Attorney General NOTICE TO ATTORNEY: Print out two electronically issued summons and one copy of the attachments for each defendant to be served with the complaint. (Attachments: # 1 Summons - Attorney General, # 2 Summons - US Attorney, # 3 Summons - Federal Trade Commission)(dvanm, ) (Entered: 02/20/2018)
2018-02-286Subpoena(s) Returned. (Carter, John) (Entered: 02/28/2018)
2018-02-287Subpoena(s) Returned. (Carter, John) (Entered: 02/28/2018)
2018-02-288Subpoena(s) Returned. (Carter, John) (Entered: 02/28/2018)
2018-02-289NOTICE of Appearance by Mark Charles Hayes on behalf of Carter Hayes, LLC (Attachments: # 1 Exhibit Appearance of Counsel)(Hayes, Mark) (Entered: 02/28/2018)
2018-03-01Notice of Correction re 6 Subpoena(s) Returned, 7 Subpoena(s) Returned, 8 Subpoena(s) Returned. An incomplete, illegible, or incorrect document was filed. The filing user has been notified to file the document to the clerk's office by paper or mail. (acha, ) (Entered: 03/01/2018)
2018-03-0510SUMMONS Returned Executed by Carter Hayes, LLC. U.S. Attorney for the Eastern District of Virginia served on 2/21/2018, answer due 4/23/2018. (acha, ) (Entered: 03/05/2018)
2018-03-0511SUMMONS Returned Executed by Carter Hayes, LLC. U.S. Attorney General of the United States served on 2/21/2018, answer due 4/23/2018. (acha, ) (Entered: 03/05/2018)
2018-03-0512SUMMONS Returned Executed by Carter Hayes, LLC. Federal Trade Commission served on 2/21/2018, answer due 4/23/2018. (acha, ) (Entered: 03/05/2018)
2018-03-2313MOTION to Dismiss for Lack of Jurisdiction by Federal Trade Commission. (Coghlan, John) (Entered: 03/23/2018)
2018-03-2314MOTION to Dismiss for Failure to State a Claim by Federal Trade Commission. (Coghlan, John) (Entered: 03/23/2018)
2018-03-2315Memorandum in Support re 14 MOTION to Dismiss for Failure to State a Claim , 13 MOTION to Dismiss for Lack of Jurisdiction filed by Federal Trade Commission. (Attachments: # 1 Exhibit DEX 1)(Coghlan, John) (Entered: 03/23/2018)
2018-03-2316Notice of Hearing Date set for April 27, 2018 re 14 MOTION to Dismiss for Failure to State a Claim , 13 MOTION to Dismiss for Lack of Jurisdiction (Coghlan, John) (Entered: 03/23/2018)
2018-03-26Set Deadlines as to 13 MOTION to Dismiss for Lack of Jurisdiction , 14 MOTION to Dismiss for Failure to State a Claim . Motion Hearing set for 4/27/2018 at 10:00 AM in Alexandria Courtroom 700 before District Judge Leonie M. Brinkema. (clar, ) (Entered: 03/26/2018)
2018-04-0617Opposition to Motion to Dismiss filed by Carter Hayes, LLC. (Attachments: # 1 Proposed Order)(Carter, John) (Entered: 04/06/2018)
2018-04-0618Memorandum in Opposition re 14 MOTION to Dismiss for Failure to State a Claim , 13 MOTION to Dismiss for Lack of Jurisdiction filed by Carter Hayes, LLC. (Attachments: # 1 Exhibit)(Carter, John) (Entered: 04/06/2018)
2018-04-1219REPLY to Response to Motion re 14 MOTION to Dismiss for Failure to State a Claim , 13 MOTION to Dismiss for Lack of Jurisdiction filed by Federal Trade Commission. (Coghlan, John) (Entered: 04/12/2018)
2018-04-2720Minute Entry for proceedings held before District Judge Leonie M. Brinkema:Motion Hearing held on 4/27/2018. Appearances of counsel. Pltf's 14 MOTION to Dismiss for Failure to State a Claim and deft's 13 MOTION to Dismiss for Lack of Jurisdiction are argued in open court and GRANTED. (order to follow) (Court Reporter A. Thomson.)(yguy) (Entered: 04/27/2018)
2018-04-2721ORDER: For the reasons stated in open court, the defendant's Motions to Dismiss [Dkt. Nos. 13 and 14] are GRANTED, it is hereby ORDERED that Count l of the Complaint be and is DISMISSED WITHOUT PREJUDICE and Count 2 of the Complaint be and is DISMISSED WITH PREJUDICE. Signed by District Judge Leonie M. Brinkema on 4/27/18. (yguy) (Entered: 04/27/2018)
2018-04-2722CLERK'S JUDGMENT: Judgment in favor of the defendant Federal Trade Commission (yguy) (Entered: 04/27/2018)
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by FOIA Project Staff
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