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Case TitleFAIRWARNING INC. et al v. NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2020cv03236
Date Filed2020-11-10
Date ClosedOpen
JudgeJudge Jia M. Cobb
PlaintiffFAIRWARNING INC.
TERMINATED: 04/23/2021
PlaintiffMYRON LEVIN
Case DescriptionFairwarning, Inc. submitted a FOIA request to the National Highway Safety and Traffic Administration for records concerning the Phase 2 guidelines for the agency's proposed visual manual driver distraction guidelines for portable and aftermarket devices. The agency acknowledged receipt of the request but after hearing nothing from the agency, Fairwarning, Inc. filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantNATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2020-11-101COMPLAINT against All Defendants ( Filing fee $ 400 receipt number ADCDC-7815803) filed by FAIRWARNING INC., MYRON LEVIN. (Attachments: # 1 Civil Cover Sheet, # 2 Summons William Barr, U.S. Attorney General, # 3 Summons NHTSA, # 4 Summons Michael Sherwin, U.S. Attorney)(Fried, Rachel) (Entered: 11/10/2020)
2020-11-102LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by FAIRWARNING INC. (Fried, Rachel) (Entered: 11/10/2020)
2020-11-10Case Bates to Judge John D. Bates. (zmd) (Entered: 11/10/2020)
2020-11-103SUMMONS (3) Issued Electronically as to NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(adh, ) (Entered: 11/10/2020)
2020-11-104RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 11/10/2020. Answer due for ALL FEDERAL DEFENDANTS by 12/10/2020. (Fried, Rachel) (Entered: 11/10/2020)
2020-11-175RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 11/16/2020. (Fried, Rachel) (Entered: 11/17/2020)
2020-11-176RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION served on 11/16/2020 (Fried, Rachel) (Entered: 11/17/2020)
2020-12-107ANSWER to Complaint by NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION.(Brudy-Everett, Kristin) (Entered: 12/10/2020)
2020-12-108ORDER setting deadline for parties to submit proposed briefing schedule. See text of Order for details. Signed by Judge John D. Bates on 12/10/2020. (lcjdb2) (Entered: 12/10/2020)
2020-12-14Set/Reset Deadlines: Proposed Schedule due by 1/7/2021. (tb) (Entered: 12/14/2020)
2021-01-079Joint STATUS REPORT by NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION. (Attachments: # 1 Text of Proposed Order)(Brudy-Everett, Kristin) (Entered: 01/07/2021)
2021-01-08MINUTE ORDER: Upon consideration of 9 the parties' joint status report, and the entire record herein, it is hereby ORDERED that the parties shall file another joint status report by not later than April 30, 2021. SO ORDERED. Signed by Judge John D. Bates on 01/08/2021. (lcjdb2) (Entered: 01/08/2021)
2021-01-10Set/Reset Deadlines: Joint Status Report due by 4/30/2021. (tb) (Entered: 01/10/2021)
2021-04-2310NOTICE of Voluntary Dismissal re FairWarning Inc. (Fried, Rachel) (Entered: 04/23/2021)
2021-04-3011Joint STATUS REPORT by MYRON LEVIN. (Attachments: # 1 Text of Proposed Order)(Fried, Rachel) (Entered: 04/30/2021)
2021-05-03MINUTE ORDER: Upon consideration of 11 the parties' joint status report, and the entire record herein, it is hereby ORDERED that the parties shall file another joint status report by not later than June 29, 2021. SO ORDERED. Signed by Judge John D. Bates on 05/03/2021. (lcjdb2) (Entered: 05/03/2021)
2021-05-04Set/Reset Deadlines: Joint Status Report due by 6/29/2021. (tb) (Entered: 05/04/2021)
2021-05-2812NOTICE of Appearance by David C. Vladeck on behalf of All Plaintiffs (Vladeck, David) (Entered: 05/28/2021)
2021-06-2913Joint STATUS REPORT by NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION. (Attachments: # 1 Text of Proposed Order)(Brudy-Everett, Kristin) (Entered: 06/29/2021)
2021-06-29MINUTE ORDER: Upon consideration of 13 the parties' joint status report, and the entire record herein, it is hereby ORDERED that the parties shall file another joint status report by not later than August 27, 2021. SO ORDERED. Signed by Judge John D. Bates on 06/29/2021. (lcjdb2) (Entered: 06/29/2021)
2021-07-04Set/Reset Deadlines: Joint Status Report due by 8/27/2021. (tb) (Entered: 07/04/2021)
2021-07-0914NOTICE OF SUBSTITUTION OF COUNSEL by Christopher Charles Hair on behalf of All Defendants Substituting for attorney Kristin Brudy-Everett (Hair, Christopher) (Entered: 07/09/2021)
2021-08-2315NOTICE OF WITHDRAWAL OF APPEARANCE as to MYRON LEVIN. Attorney Rachel L. Fried terminated. (Fried, Rachel) (Entered: 08/23/2021)
2021-08-2616STATUS REPORT by MYRON LEVIN. (Vladeck, David) Modified text on 8/26/2021 (ztd). (Entered: 08/26/2021)
2021-08-27MINUTE ORDER: Upon consideration of 16 the parties' joint status report, and the entire record herein, it is hereby ORDERED that the parties shall file another joint status report by not later than September 10, 2021. SO ORDERED. Signed by Judge John D. Bates on 08/27/2021. (lcjdb2) (Entered: 08/27/2021)
2021-08-30Set/Reset Deadlines: Joint Status Report due by 9/10/2021. (tb) (Entered: 08/30/2021)
2021-09-1017Joint STATUS REPORT by NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION. (Hair, Christopher) (Entered: 09/10/2021)
2021-09-13MINUTE ORDER: Upon consideration of 17 the parties' joint status report, and the entire record herein, it is hereby ORDERED that the parties shall file another joint status report by not later than September 17, 2021. SO ORDERED. Signed by Judge John D. Bates on 09/13/2021. (lcjdb2) (Entered: 09/13/2021)
2021-09-16Set/Reset Deadlines: Joint Status Report due by 9/17/2021. (tb) (Entered: 09/16/2021)
2021-09-1718Joint STATUS REPORT and Proposed Briefing Schedule by NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION. (Hair, Christopher) (Entered: 09/17/2021)
2021-09-17MINUTE ORDER: Upon consideration of 18 the parties' Joint Status Report and Proposed Briefing Schedule, and the entire record herein, it is hereby ORDERED that the following schedule shall govern further proceedings: defendant's motion for summary judgment is due by not later than October 29, 2021; plaintiff's consolidated opposition to defendant's motion and cross-motion for summary judgment is due by not later than November 19, 2021; defendant's consolidated reply in support of its motion and opposition to plaintiff's cross-motion is due by not later than December 10, 2021; and plaintiff's reply in support of his cross-motion is due by not later than December 24, 2021. SO ORDERED. (lcjdb2) (Entered: 09/17/2021)
2021-09-21Set/Reset Deadlines: Cross Motion due by 11/19/2021. Response to Cross Motion due by 12/10/2021. Reply to Cross Motion due by 12/24/2021. Summary Judgment motion due by 10/29/2021. Response to Motion for Summary Judgment due by 11/19/2021. Reply to Motion for Summary Judgment due by 12/10/2021. (tb) (Entered: 09/21/2021)
2021-09-2919NOTICE OF SUBSTITUTION OF COUNSEL by Douglas C. Dreier on behalf of NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION Substituting for attorney Christopher C. Hair (Dreier, Douglas) (Entered: 09/29/2021)
2021-10-2920MOTION for Summary Judgment by NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION. (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Declaration of Hannah Fish, # 4 Exhibit A to Fish Declaration, # 5 Declaration of Shonda Humphrey, # 6 Exhibit A to Humphrey Declaration, # 7 Exhibit B to Humphrey Declaration, # 8 Exhibit C to Humphrey Declaration, # 9 Text of Proposed Order)(Dreier, Douglas) (Entered: 10/29/2021)
2021-11-16Case directly reassigned to Judge Jia M. Cobb. Judge John D. Bates is no longer assigned to the case. (ztnr) (Entered: 11/16/2021)
2021-11-1821NOTICE of Appearance by Stephanie K. Glaberson on behalf of MYRON LEVIN (Glaberson, Stephanie) (Entered: 11/18/2021)
2021-11-1822NOTICE of Appearance by John Harland Giammatteo on behalf of MYRON LEVIN (Giammatteo, John) (Entered: 11/18/2021)
2021-11-1923Cross MOTION for Summary Judgment by MYRON LEVIN. (Attachments: # 1 Memorandum in Support MEMORANDUM OF LAW IN OPPOSITION TO DEFENDANTS MOTION FOR SUMMARY JUDGMENT AND IN SUPPORT OF PLAINTIFFS CROSS-MOTION FOR SUMMARY JUDGMENT, # 2 Declaration DECLARATION OF PLAINTIFF MYRON LEVIN, # 3 Declaration DECLARATION OF JOHN HARLAND GIAMMATTEO, # 4 Exhibit Ex. A, NHTSA-ES19-004222-000876, # 5 Exhibit Ex. B, NHTSA-ES19-004222-001162, # 6 Statement of Facts PLAINTIFFS COMBINED STATEMENT OF UNDISPUTED MATERIAL FACTS AS TO WHICH THERE IS NO GENUINE ISSUE AND RESPONSE TO DEFENDANTS STATEMENT OF MATERIAL FACTS, # 7 Text of Proposed Order)(Giammatteo, John) (Entered: 11/19/2021)
2021-11-1925Memorandum in opposition to re 20 MOTION for Summary Judgment filed by MYRON LEVIN. (See Docket Entry 23 to view document). (znmw) (Entered: 12/16/2021)
2021-11-2924Unopposed MOTION for Extension of Time to File Response/Reply as to 20 MOTION for Summary Judgment , 23 Cross MOTION for Summary Judgment and Opposition to 20 Defendant's Motion for Summary Judgment by NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION. (Attachments: # 1 Text of Proposed Order)(Dreier, Douglas) (Entered: 11/29/2021)
2021-11-30MINUTE ORDER (paperless) granting 24 Motion for Extension of Time to File Response/Reply re 24 Unopposed MOTION for Extension of Time to File Response/Reply as to 20 MOTION for Summary Judgment , 23 Cross MOTION for Summary Judgment and Opposition to 20 Defendant's Motion for Summary Judgment . Reply in support of Defendant's motion for summary judgment due by December 27, 2021. Reply in support of Plaintiff's cross-motion for summary judgment due January 10, 2022. Signed by Judge Jia M. Cobb on November 30, 2021. (lcjmcl) (Entered: 11/30/2021)
2021-11-30Set/Reset Deadlines: Reply to Defendant's motion for summary judgment due by 12/27/2021. Reply to Plaintiff's cross motion for summary judgment due by 1/10/2022. (zgdf) (Entered: 12/01/2021)
2021-12-2726Memorandum in opposition to re 23 Cross MOTION for Summary Judgment and Opposition to 20 Defendant's Motion for Summary Judgment filed by NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION. (Attachments: # 1 Statement of Facts Response to Statement of Facts, # 2 Declaration of Hannah Fish (Supplemental), # 3 Exhibit Supplemental Vaughn Index, # 4 Text of Proposed Order)(Dreier, Douglas) (Entered: 12/27/2021)
2021-12-2727REPLY to opposition to motion re 20 MOTION for Summary Judgment (duplicate of ECF No. 26) filed by NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION. (Dreier, Douglas) (Entered: 12/27/2021)
2022-01-0328Unopposed MOTION for Extension of Time to File Response/Reply as to 23 Cross MOTION for Summary Judgment and Opposition to 20 Defendant's Motion for Summary Judgment by MYRON LEVIN. (Attachments: # 1 Text of Proposed Order)(Giammatteo, John) (Entered: 01/03/2022)
2022-01-04MINUTE ORDER granting 28 Unopposed MOTION for Extension of Time to File Response/Reply: Upon consideration of Plaintiff's unopposed Motion, it is ORDERED that the motion is GRANTED. Plaintiff's reply is due January 18, 2022. Signed by Judge Jia M. Cobb on January 4, 2022. (lcjmc1) (Entered: 01/04/2022)
2022-01-1829REPLY to opposition re 23 Cross MOTION for Summary Judgment filed by MYRON LEVIN. (Attachments: # 1 Declaration Giammatteo Suppl. Decl.)(Giammatteo, John) (Entered: 01/18/2022)
2022-10-3130NOTICE OF SUBSTITUTION OF COUNSEL by Sam Escher on behalf of NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION Substituting for attorney Douglas C. Dreier (Escher, Sam) (Entered: 10/31/2022)
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