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Case TitleFUNCTIONAL GOVERNMENT INITIATIVE v. UNITED STATES CONSUMER FINANCIAL PROTECTION BUREAU
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2022cv02069
Date Filed2022-07-14
Date ClosedOpen
JudgeJudge Jia M. Cobb
PlaintiffFUNCTIONAL GOVERNMENT INITIATIVE
Case DescriptionFunctional Government Initiative submitted a FOIA request to the Consumer Financial Protection Agency for records concerning discussions concerning bank mergers. The agency acknowledged receipt of the request. The agency indicated that it had processed responsive records but after hearing nothing further from the agency, FGI filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Vaughn index, Litigation - Attorney's fees

DefendantConsumer Financial Protection
DefendantUNITED STATES CONSUMER FINANCIAL PROTECTION BUREAU
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2022-07-141COMPLAINT FUNCTIONAL GOVERNMENT INITIATIVE against UNITED STATES CONSUMER FINANCIAL PROTECTION BUREAU ( Filing fee $ 402 receipt number ADCDC-9369187) filed by FUNCTIONAL GOVERNMENT INITIATIVE. (Attachments: # 1 Civil Cover Sheet, # 2 Summons U.S. Attorney General, # 3 Summons U.S. Attorney's Office for D.C.)(Goeken, Richard) Modified on 7/15/2022 to edit docket text (znmg). (Entered: 07/14/2022)
2022-07-142REQUEST FOR SUMMONS TO ISSUE for the U.S. Consumer Financial Protection Bureau filed by FUNCTIONAL GOVERNMENT INITIATIVE.(Goeken, Richard) (Entered: 07/14/2022)
2022-07-15Case Assigned to Judge Jia M. Cobb. (znmg) (Entered: 07/15/2022)
2022-07-183SUMMONS (3) Issued Electronically as to UNITED STATES CONSUMER FINANCIAL PROTECTION BUREAU, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(zmrl) (Main Document 3 replaced on 7/18/2022 to add dates) (zmh). (Entered: 07/18/2022)
2022-08-124NOTICE of Appearance by Bradley Silverman on behalf of All Defendants (Silverman, Bradley) (Entered: 08/12/2022)
2022-08-245ANSWER to Complaint by UNITED STATES CONSUMER FINANCIAL PROTECTION BUREAU.(Silverman, Bradley) (Entered: 08/24/2022)
2022-08-25MINUTE ORDER: The Court ORDERS that the Parties confer and submit a joint proposed schedule for further proceedings, which shall include a proposed schedule for briefing dispositive motions by September 8, 2022. Signed by Judge Jia M. Cobb on August 25, 2022. (lcjmc3) (Entered: 08/25/2022)
2022-08-25Set/Reset Deadlines: Meet & Confer Statement due by 9/8/2022. (zgdf) (Entered: 09/01/2022)
2022-09-086Joint STATUS REPORT by UNITED STATES CONSUMER FINANCIAL PROTECTION BUREAU. (Silverman, Bradley) (Entered: 09/08/2022)
2022-09-087Amended ANSWER to Complaint by UNITED STATES CONSUMER FINANCIAL PROTECTION BUREAU.(Silverman, Bradley) (Entered: 09/08/2022)
2022-09-128SCHEDULING ORDER: Joint status report due on November 9, 2022. See document for scheduling order and information concerning case procedures. Signed by Judge Jia M. Cobb on 9/12/2022. (lcjmc3) (Entered: 09/12/2022)
2022-11-099Joint STATUS REPORT by UNITED STATES CONSUMER FINANCIAL PROTECTION BUREAU. (Silverman, Bradley) (Entered: 11/09/2022)
2022-11-14MINUTE ORDER re 9 Joint Status Report: The Court has considered the Joint Status Report filed on November 9, 2022. The Court ORDERS the parties to submit another Joint Status Report by February 7, 2023, consistent with the Scheduling Order 8 in this case. The Court further notes that there is nothing preventing either Party from filing a report or other request at any time if there is an issue they wish to bring to the Court's attention. Signed by Judge Jia M. Cobb on November 14, 2022. (lcjmc3) (Entered: 11/14/2022)
2023-02-0710Joint STATUS REPORT by UNITED STATES CONSUMER FINANCIAL PROTECTION BUREAU. (Silverman, Bradley) (Entered: 02/07/2023)
2023-02-0711NOTICE of Proposed Order Requiring Defendant to Process Records at a Rate of 500 Pages Per Month by FUNCTIONAL GOVERNMENT INITIATIVE re 10 Status Report (Goeken, Richard) (Entered: 02/07/2023)
2023-02-08MINUTE ORDER re 10 Joint Status Report: The Court has reviewed the report and recognizes that the Parties disagree as to the proper processing rate. Accordingly, the Court Orders Defendant to file a supplement to the joint status report by March 1, 2023, explaining, with specificity, why Plaintiff's proposed processing rate of 500 pages per month is unreasonable in this case. The Parties will continue to file Joint Status Reports every ninety days in accordance with the Scheduling Order in this case. Signed by Judge Jia M. Cobb on February 8, 2023. (lcjmc3) (Entered: 02/08/2023)
2023-03-0112Supplemental STATUS REPORT by UNITED STATES CONSUMER FINANCIAL PROTECTION BUREAU. (Attachments: # 1 Declaration)(Silverman, Bradley) (Entered: 03/01/2023)
2023-03-03MINUTE ORDER. The Court has reviewed the Joint Status Report 10 and Supplemental Report 12 . Per the Joint Status Report, there are approximately 2,700 pages of responsive documents outstanding. Plaintiff requests a processing rate of 500 pages per month (under which disclosure would be complete in six months). Defendant maintains that the faster rate is not feasible and proposes a processing rate of 300 pages per month (under which disclosure would be complete in approximately nine months). Defendant's principle objection to the faster rate is that it would place a heavy burden on the agency in the month of March, 2023--both because of limited staff availability and because of the need to simultaneously process records that do and do not require interagency review. Taking that under advisement, the Court ORDERS that the processing rate is 500 pages per month, but that the agency may skip the next disclosure on the calendar. That schedule addresses Defendant's concerns about the near-term burden of the increased rate, and will also result in full disclosure on a faster timeline than the current processing rate would accomplish. As always, the Parties are free to confer and alter that schedule by mutual consent. Signed by Judge Jia M. Cobb on March 3, 2023. (lcjmc3) (Entered: 03/03/2023)
2023-05-0813Joint STATUS REPORT by UNITED STATES CONSUMER FINANCIAL PROTECTION BUREAU. (Silverman, Bradley) (Entered: 05/08/2023)
2023-08-0714Joint STATUS REPORT by UNITED STATES CONSUMER FINANCIAL PROTECTION BUREAU. (Silverman, Bradley) (Entered: 08/07/2023)
2023-08-08MINUTE ORDER re 14 Joint Status Report: The Court has reviewed the Joint Status Report. Per Plaintiff's request, the Court ORDERS the Parties to submit another Joint Status Report by September 7, 2023. Signed by Judge Jia M. Cobb on August 8, 2023. (lcjmc3) (Entered: 08/08/2023)
2023-09-0715Joint STATUS REPORT by UNITED STATES CONSUMER FINANCIAL PROTECTION BUREAU. (Silverman, Bradley) (Entered: 09/07/2023)
2023-09-12MINUTE ORDER: Having reviewed the Parties' Joint Status Report 15 , the Court sees no need to alter the schedule currently in effect. However, the Parties are reminded that any Party may raise an issue to the Court at any time by filing a motion. Signed by Judge Jia M. Cobb on September 12, 2023. (lcjmc3) (Entered: 09/12/2023)
2023-10-3016Joint STATUS REPORT by UNITED STATES CONSUMER FINANCIAL PROTECTION BUREAU. (Silverman, Bradley) (Entered: 10/30/2023)
2023-10-3017ERRATA by UNITED STATES CONSUMER FINANCIAL PROTECTION BUREAU re 16 Status Report. (Silverman, Bradley) (Entered: 10/30/2023)
2023-12-0618Joint STATUS REPORT by UNITED STATES CONSUMER FINANCIAL PROTECTION BUREAU. (Silverman, Bradley) (Entered: 12/06/2023)
2024-03-0519Joint STATUS REPORT by UNITED STATES CONSUMER FINANCIAL PROTECTION BUREAU. (Silverman, Bradley) (Entered: 03/05/2024)
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