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Case TitleGREENSPAN v. U.S. DEPARTMENT OF TRANSPORTATION et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2022cv00280
Date Filed2022-02-03
Date ClosedOpen
JudgeJudge Dabney L. Friedrich
PlaintiffAARON GREENSPAN
Case DescriptionAaron Greenspan, who operates a website dedicated to making government and business dealings more accessible to the public, submitted FOIA requests to the National Highway Traffic Safety Administration and the Securities and Exchange Commission. His two requests to NHTSA asked for records on self-driving vehicles and radar removal. His two requests to the SEC asked for records on its investigation of Tesla and communications with Cheryl Crumpton, who worked at the Office of Ethics Counsel. NHTSA acknowledged receipt of the requests, but Greenspan heard nothing more from NHTSA. The SEC acknowledged the two requests. The SEC denied his request for records on its Tesla investigation under Exemption 7(A) (interference with ongoing investigation or proceeding). After hearing nothing further from the agency concerning either request, Greenspan filed suit against both agencies.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Attorney's fees

DefendantU.S. DEPARTMENT OF TRANSPORTATION
DefendantNATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION
DefendantU.S. SECURITIES AND EXCHANGE COMMISSION
DefendantU.S. SECURITIES AND EXCHANGE COMMISSION
TERMINATED: 04/19/2022
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

2022-02-031COMPLAINT against NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION, U.S. DEPARTMENT OF TRANSPORTATION, U.S. SECURITIES AND EXCHANGE COMMISSION ( Filing fee $ 402 receipt number ADCDC-9021268) filed by AARON GREENSPAN. (Attachments: # 1 Exhibit Ex. 1-6, # 2 Exhibit Ex. 7-13, # 3 Civil Cover Sheet, # 4 Summons)(Topic, Matthew) (Entered: 02/03/2022)
2022-02-032NOTICE of Appearance by Matthew Topic on behalf of AARON GREENSPAN (Topic, Matthew) (Entered: 02/03/2022)
2022-02-07Case Assigned to Judge Dabney L. Friedrich. (zsb) (Entered: 02/07/2022)
2022-02-07STANDARD ORDER for Civil Cases. See text for details. Signed by Judge Dabney L. Friedrich on February 7, 2022. (lcdlf1) (Entered: 02/07/2022)
2022-02-103SUMMONS (5) Issued Electronically as to NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION, U.S. DEPARTMENT OF TRANSPORTATION, U.S. SECURITIES AND EXCHANGE COMMISSION, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(znmw) (Entered: 02/10/2022)
2022-03-234Consent MOTION for Extension of Time to File Answer by NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION, U.S. DEPARTMENT OF TRANSPORTATION, U.S. SECURITIES AND EXCHANGE COMMISSION. (Seabrook, April) (Entered: 03/23/2022)
2022-03-245AMENDED COMPLAINT against NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION, U.S. DEPARTMENT OF TRANSPORTATION, U.S. SECURITIES AND EXCHANGE COMMISSION filed by AARON GREENSPAN. (Attachments: # 1 Exhibit Ex 1-10, # 2 Exhibit Ex 11-21, # 3 Exhibit Ex 22-30)(Topic, Matthew) (Entered: 03/24/2022)
2022-04-04MINUTE ORDER granting the government's 4 Consent Motion for Extension of Time. Accordingly, the government shall answer or otherwise respond to the plaintiff's 5 Amended Complaint on or before April 12, 2022. So Ordered by Judge Dabney L. Friedrich on April 4, 2022. (lcdlf1) (Entered: 04/04/2022)
2022-04-126Consent MOTION for Extension of Time to File Answer by NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION, U.S. DEPARTMENT OF TRANSPORTATION, U.S. SECURITIES AND EXCHANGE COMMISSION. (Seabrook, April) (Entered: 04/12/2022)
2022-04-12MINUTE ORDER granting the defendants' 6 Consent Motion for Extension of Time. Accordingly, the plaintiff shall file a second amended complaint on or before April 19, 2022 and the defendants shall answer or otherwise respond to that complaint on or before May 10, 2022. So Ordered by Judge Dabney L. Friedrich on April 12, 2022. (lcdlf1) (Entered: 04/12/2022)
2022-04-12Set/Reset Deadlines: Amended Complaint due by 4/19/2022. Answer due by 5/10/2022, (zjch, ) (Entered: 04/12/2022)
2022-04-197AMENDED COMPLAINT against NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION, U.S. DEPARTMENT OF TRANSPORTATION filed by AARON GREENSPAN. (Attachments: # 1 Exhibit Ex 1-6)(Topic, Matthew) (Entered: 04/19/2022)
2022-05-108ANSWER to 7 Amended Complaint by NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION, U.S. DEPARTMENT OF TRANSPORTATION.(Seabrook, April) (Entered: 05/10/2022)
2022-05-10MINUTE ORDER requiring the parties to MEET AND CONFER and file a joint status report proposing a schedule for further proceedings. The status report should address the status of the plaintiff's FOIA request, including the anticipated number of documents responsive to the request and the anticipated date(s) for release of the requested documents. The parties shall file the joint status report on or before May 24, 2022. So Ordered by Judge Dabney L. Friedrich on May 10, 2022. (lcdlf2) (Entered: 05/10/2022)
2022-05-249Joint STATUS REPORT by NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION, U.S. DEPARTMENT OF TRANSPORTATION. (Seabrook, April) (Entered: 05/24/2022)
2022-05-25MINUTE ORDER. Upon consideration of the parties' 9 Joint Status Report, it is ORDERED that the parties shall file another joint status report on or before July 23, 2022. So Ordered by Judge Dabney L. Friedrich on May 25, 2022. (lcdlf1) (Entered: 05/25/2022)
2022-05-25Set/Reset Deadlines: Status Report due by 7/23/2022 (zjch, ) (Entered: 05/26/2022)
2022-07-2510Joint STATUS REPORT by NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION, U.S. DEPARTMENT OF TRANSPORTATION. (Seabrook, April) (Entered: 07/25/2022)
2022-07-26MINUTE ORDER. Upon consideration of the parties' 10 Joint Status Report, it is ORDERED that the parties shall file another joint status report on or before August 23, 2022. So Ordered by Judge Dabney L. Friedrich on July 26, 2022. (lcdlf1) (Entered: 07/26/2022)
2022-07-2711ENTERED IN ERROR.....MOTION to Withdraw as Attorney by AARON GREENSPAN. (Loevy, Joshua) Modified on 7/29/2022. Counsel has refiled pleading (zed). (Entered: 07/27/2022)
2022-07-2712MOTION to Withdraw as Attorney Corrected by AARON GREENSPAN. (Attachments: # 1 Exhibit 1)(Topic, Matthew) (Entered: 07/27/2022)
2022-07-29NOTICE OF ERROR re 12 Motion to Withdraw as Attorney; emailed to matt@loevy.com, cc'd 6 associated attorneys -- The PDF file you docketed contained errors: 1. Please note the following for future filings; do not refile document , 2. FYI: Attorney signature must match login/password in all future fillings. (zed, ) (Entered: 07/29/2022)
2022-08-0913NOTICE OF SUBSTITUTION OF COUNSEL by Douglas C. Dreier on behalf of NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION, U.S. DEPARTMENT OF TRANSPORTATION Substituting for attorney April D. Seabrook (Dreier, Douglas) (Entered: 08/09/2022)
2022-08-15MINUTE ORDER. Pursuant to Local Rule 83.6(c), the plaintiff is ORDERED to notify the Court on or before August 19, 2022, whether he objects to his attorney's withdrawal, intends to proceed pro se, or needs additional time to obtain new counsel. So Ordered by Judge Dabney L. Friedrich on August 15, 2022. (lcdlf1) (Entered: 08/15/2022)
2022-08-15Set/Reset Deadlines: Plaintiff to objects to his attorney's withdrawal, intent to proceed pro se, or needs additional time to obtain new counsel by 8/19/2022. (zjch, ) (Entered: 08/16/2022)
2022-08-1614MOTION for CM/ECF Password by AARON GREENSPAN. (zed) (Entered: 08/16/2022)
2022-08-16MINUTE ORDER granting the plaintiff's 14 Motion for Leave to File Electronically via CM/ECF. The Clerk of Court shall provide the plaintiff with instructions for accessing the Court's electronic filing system. So Ordered by Judge Dabney L. Friedrich on August 16, 2022. (lcdlf1) (Entered: 08/16/2022)
2022-08-1715NOTICE of Non-Opposition to Withdrawal of Attorneys by AARON GREENSPAN (GREENSPAN, AARON) (Entered: 08/17/2022)
2022-08-18MINUTE ORDER. Upon consideration of the plaintiff's 15 Notice of Non-Opposition to Withdrawal of Attorneys, it is ORDERED that the 12 Corrected Motion to Withdraw as Plaintiff's Counsel is GRANTED. The Clerk of Court shall withdraw Loevy & Loevy as counsel to the plaintiff. As a pro se litigant, the plaintiff is required to comply with the Federal Rules of Civil Procedure and the Local Civil Rules of the United States District Court for the District of Columbia. Assistance for pro se litigants is available at https://www.dcd.uscourts.gov/pro-se-help. So Ordered by Judge Dabney L. Friedrich on August 18, 2022. (lcdlf1) (Entered: 08/18/2022)
2022-08-2316Joint STATUS REPORT by NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION, U.S. DEPARTMENT OF TRANSPORTATION. (Attachments: # 1 Text of Proposed Order - Plaintiff's, # 2 Text of Proposed Order - Defendants')(Dreier, Douglas) (Entered: 08/23/2022)
2022-08-23MINUTE ORDER. Upon review of the parties' 16 Joint Status Report, the Court will not require the defendant to increase its proposed processing rate. "Courts have broad discretion to determine a reasonable processing rate for a FOIA request." Colbert v. FBI , No. 16-cv-1790, 2018 WL 6299966, at *3 (D.D.C. Sept. 3, 2018). The analysis is informed by "[s]everal factors," including "the size and compelling need of the request compared to others, as well as the effect of the request on the [agency's] ability to review other FOIA requests." Id. The plaintiff has provided no grounds for requiring the defendant to prioritize this case over similar FOIA cases, nor for requiring the defendant to produce (rather than process) documents at a certain rate. Consequently, the Court will "defer[] to the agency's release policies," id. , which are consistent with processing rates in other FOIA cases. In addition, while the Court agrees with the defendants that any amendments to the plaintiff's complaint could slow processing and further delay litigation, it will not impose a deadline for amendment. Nor will the Court order the defendant to prove the confidential nature of its redactions at this time, as the Court will not engage in piecemeal litigation on the application of FOIA exemptions while production is actively ongoing. The parties shall file another joint status report regarding the defendant's progress on or before October 27, 2022. So Ordered by Judge Dabney L. Friedrich on August 23, 2022. (lcdlf1) (Entered: 08/23/2022)
2022-09-1917MOTION for Leave to File Amended and/or Supplemental Complaint by AARON GREENSPAN. (Attachments: # 1 Exhibit Proposed Amended Complaint, # 2 Text of Proposed Order)(GREENSPAN, AARON) (Entered: 09/19/2022)
2022-10-0318WITHDRAWN PURSUANT TO NOTICE FILED ON 10/7/2022.....Memorandum in opposition to re 17 Motion for Leave to File Third Amended Complaint filed by NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION, U.S. DEPARTMENT OF TRANSPORTATION. (Attachments: # 1 Exhibit 1, # 2 Text of Proposed Order)(Dreier, Douglas) Modified on 10/11/2022 (zed). (Entered: 10/03/2022)
2022-10-0519REPLY to opposition to motion re 17 MOTION for Leave to File Amended and/or Supplemental Complaint filed by AARON GREENSPAN. (Attachments: # 1 Exhibit A: Relevant E-Mail Correspondence With Opposing Counsel)(GREENSPAN, AARON) (Entered: 10/05/2022)
2022-10-0720NOTICE of Withdrawal of Defendants' Opposition to Motion for Leave to File a Third Amended Complaint by NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION, U.S. DEPARTMENT OF TRANSPORTATION re 18 Memorandum in Opposition, (Dreier, Douglas) (Entered: 10/07/2022)
2022-10-11MINUTE ORDER granting the plaintiff's unopposed 17 Motion for Leave to File Third Amended Complaint. The Clerk of Court shall docket [17-1] as the plaintiff's Third Amended Complaint. The defendants shall answer or otherwise respond to the Amended Complaint on or before October 25, 2022. See Fed. R. Civ. P. 15(a)(3). So Ordered by Judge Dabney L. Friedrich on October 11, 2022. (lcdlf1) (Entered: 10/11/2022)
2022-10-1121AMENDED COMPLAINT against NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION, U.S. DEPARTMENT OF TRANSPORTATION filed by AARON GREENSPAN.(zed) (Entered: 10/12/2022)
2022-10-2522Partial MOTION to Dismiss by NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION, U.S. DEPARTMENT OF TRANSPORTATION. (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order)(Dreier, Douglas) (Entered: 10/25/2022)
2022-10-2523ANSWER to 21 Amended Complaint by NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION, U.S. DEPARTMENT OF TRANSPORTATION.(Dreier, Douglas) (Entered: 10/25/2022)
2022-10-2624Joint STATUS REPORT by NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION, U.S. DEPARTMENT OF TRANSPORTATION. (Attachments: # 1 Text of Proposed Order)(Dreier, Douglas) (Entered: 10/26/2022)
2022-10-3125Supplement re 21 AMENDED COMPLAINT EXHIBITS to accompany against All Defendants filed by AARON GREENSPAN.(GREENSPAN, AARON) Modified docket event/text on 11/3/2022 (zed). Modified docket text on 5/18/2023 (zed). (Entered: 10/31/2022)
2022-10-3126Memorandum in opposition to re 22 Motion to Dismiss filed by AARON GREENSPAN. (Attachments: # 1 Exhibit A: NHTSA FOIA Appeal No. ES21-000364 Ruling, # 2 Exhibit B: CDC FOIA "FAQ: CDC/ATSDR" Page)(GREENSPAN, AARON) (Entered: 10/31/2022)
2022-11-0727REPLY to opposition to motion re 22 Partial MOTION to Dismiss filed by NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION, U.S. DEPARTMENT OF TRANSPORTATION. (Dreier, Douglas) (Entered: 11/07/2022)
2023-01-2328ORDER granting the defendants' 22 Partial Motion to Dismiss. See text for details. Signed by Judge Dabney L. Friedrich on January 23, 2023. (lcdlf1) (Entered: 01/23/2023)
2023-01-3029MOTION for Reconsideration re 28 Order on Motion to Dismiss, Set/Reset Deadlines by AARON GREENSPAN. (Attachments: # 1 Text of Proposed Order)(GREENSPAN, AARON) (Entered: 01/30/2023)
2023-02-1330Memorandum in opposition to re 29 Motion for Reconsideration filed by NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION, U.S. DEPARTMENT OF TRANSPORTATION. (Attachments: # 1 Text of Proposed Order)(Dreier, Douglas) (Entered: 02/13/2023)
2023-02-1731REPLY to opposition to motion re 29 MOTION for Reconsideration re 28 Order on Motion to Dismiss, Set/Reset Deadlines filed by AARON GREENSPAN. (GREENSPAN, AARON) (Entered: 02/17/2023)
2023-03-2332Joint STATUS REPORT by NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION, U.S. DEPARTMENT OF TRANSPORTATION. (Attachments: # 1 Text of Proposed Order)(Dreier, Douglas) (Entered: 03/23/2023)
2023-05-1733ORDER denying the plaintiff's 29 Motion for Reconsideration. See text for details. Signed by Judge Dabney L. Friedrich on May 17, 2023. (lcdlf1) (Entered: 05/17/2023)
2023-05-18Set/Reset Deadlines: Joint Status Report due by 6/16/2023. (ztg) (Entered: 05/18/2023)
2023-06-1634Joint STATUS REPORT by NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION, U.S. DEPARTMENT OF TRANSPORTATION. (Dreier, Douglas) (Entered: 06/16/2023)
2023-06-16MINUTE ORDER. Upon consideration of the parties' 34 Joint Status Report, it is ORDERED that the parties shall file another joint status report on or before October 19, 2023. So Ordered by Judge Dabney L. Friedrich on June 16, 2023. (lcdlf1) (Entered: 06/16/2023)
2023-10-1935Joint STATUS REPORT by NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION, U.S. DEPARTMENT OF TRANSPORTATION. (Dreier, Douglas) (Entered: 10/19/2023)
2023-10-20MINUTE ORDER. Upon consideration of the parties' 35 Joint Status Report, the parties shall file a joint status report on or before February 14, 2024. So Ordered by Judge Dabney L. Friedrich on October 20, 2023. (lcdlf1) (Entered: 10/20/2023)
2023-10-20Set/Reset Deadlines: Joint Status Report due by 2/14/2024. (smc) (Entered: 10/20/2023)
2024-02-1436Joint STATUS REPORT by NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION, U.S. DEPARTMENT OF TRANSPORTATION. (Dreier, Douglas) (Entered: 02/14/2024)
2024-02-15MINUTE ORDER. Upon consideration of the parties' 36 Joint Status Report, it is ORDERED as follows: the plaintiff shall file any motion for leave to amend his complaint on or before March 15, 2024 or seek an extension of time to do so. If the plaintiff seeks an order directing the defendants to expedite their document processing rate or to alter their parameters for processing documents, he shall file an appropriate motion on or before March 15, 2024 . Consistent with the Court's Order of October 23, 2022, the Court will not order the defendant to prove the confidential nature of any redactions or withholdings at this time, as it will not allow piecemeal litigation on the application of FOIA exemptions while production is ongoing. So Ordered by Judge Dabney L. Friedrich on February 15, 2024. (lcdlf1) (Entered: 02/15/2024)
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