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Case TitleTOBIAS v. U.S. DEPARTMENT OF COMMERCE
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2022cv02141
Date Filed2022-07-20
Date ClosedOpen
JudgeChief Judge James E. Boasberg
PlaintiffJIMMY TOBIAS
Case DescriptionJournalist Jimmy Tobias submitted seven FOIA requests to the Department of Commerce for records including communications between Deputy Secretary Don Graves and the American Clean Power Association and/or the Solar Energy Industries Association. The agency acknowledged receipt of the requests. After hearing nothing further from the agency, Tobias filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Attorney's fees

DefendantU.S. DEPARTMENT OF COMMERCE
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2022-07-201COMPLAINT against U.S. DEPARTMENT OF COMMERCE ( Filing fee $ 402 receipt number ADCDC-9385003) filed by JIMMY TOBIAS. (Attachments: # 1 Exhibit Ex 1-14, # 2 Civil Cover Sheet, # 3 Summons)(Topic, Matthew) (Entered: 07/20/2022)
2022-07-202NOTICE of Appearance by Matthew Topic on behalf of JIMMY TOBIAS (Topic, Matthew) (Entered: 07/20/2022)
2022-07-203NOTICE of Appearance by Joshua Loevy on behalf of JIMMY TOBIAS (Loevy, Joshua) (Entered: 07/20/2022)
2022-07-20Case Assigned to Judge James E. Boasberg. (znmg) (Entered: 07/20/2022)
2022-07-204SUMMONS (3) Issued Electronically as to U.S. DEPARTMENT OF COMMERCE, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(znmg) (Entered: 07/20/2022)
2022-09-165NOTICE of Appearance by Thomas Anthony Quinn on behalf of U.S. DEPARTMENT OF COMMERCE (Quinn, Thomas) (Entered: 09/16/2022)
2022-09-166Unopposed MOTION for Extension of Time to File Answer re 1 Complaint by U.S. DEPARTMENT OF COMMERCE. (Quinn, Thomas) (Entered: 09/16/2022)
2022-09-19MINUTE ORDER: The Court ORDERS that: 1) Defendant's Unopposed 6 Motion for Extension of Time is GRANTED; and 2) Defendant shall file its Answer or otherwise respond to Plaintiff's Complaint by October 19, 2022. So ORDERED by Judge James E. Boasberg on 09/19/2022. (lcjeb3) (Entered: 09/19/2022)
2022-09-19Set/Reset Deadlines: Answer due by 10/19/2022. (nbn) (Entered: 09/20/2022)
2022-10-197ANSWER to Complaint by U.S. DEPARTMENT OF COMMERCE.(Quinn, Thomas) (Entered: 10/19/2022)
2022-10-19MINUTE ORDER: The Court ORDERS that the parties shall confer and submit a joint proposed briefing schedule by November 2, 2022. So ORDERED by Judge James E. Boasberg on 10/19/2022. (lcjeb3) (Entered: 10/19/2022)
2022-10-19Set/Reset Deadlines: Joint Proposed Briefing Schedule due by 11/2/2022. (nbn) (Entered: 10/20/2022)
2022-11-028Joint STATUS REPORT by U.S. DEPARTMENT OF COMMERCE. (Quinn, Thomas) (Entered: 11/02/2022)
2022-11-07MINUTE ORDER: The Court ADOPTS the parties' 8 Joint Status Report and ORDERS that they shall file a further joint status report by December 2, 2022. So ORDERED by Judge James E. Boasberg on 11/07/2022. (lcjeb3) (Entered: 11/07/2022)
2022-11-07Set/Reset Deadlines: Joint Status Report due by 12/2/2022. (nbn) (Entered: 11/08/2022)
2022-12-029Joint STATUS REPORT by U.S. DEPARTMENT OF COMMERCE. (Quinn, Thomas) (Entered: 12/02/2022)
2022-12-02MINUTE ORDER: The Court ADOPTS the parties' 9 Joint Status Report and ORDERS that they shall file a further joint status report by February 2, 2023. So ORDERED by Judge James E. Boasberg on 12/2/2022. (lcjeb3) (Entered: 12/02/2022)
2022-12-02Set/Reset Deadlines: Joint Status Report due by 2/2/2023. (nbn) (Entered: 12/02/2022)
2023-02-0210Joint STATUS REPORT by U.S. DEPARTMENT OF COMMERCE. (Quinn, Thomas) (Entered: 02/02/2023)
2023-02-02MINUTE ORDER: The Court ADOPTS the parties' 10 Joint Status Report and ORDERS that: 1) Defendant's Motion for Summary Judgment shall be filed by March 17, 2023; 2) Plaintiff's Opposition and Cross-Motion for Summary Judgment, if any, shall be filed by April 21, 2023; 3) Defendant's Reply and Opposition to Cross-Motion shall be filed by May 19, 2023; 4) Plaintiff's Reply shall be filed by June 9, 2023; and 5) The parties are permitted to dispense with the Local Civil Rule 7(h) requirement that they file a separate statement of undisputed facts. So ORDERED by Judge James E. Boasberg on 2/2/2023. (lcjeb2) (Entered: 02/02/2023)
2023-02-03Set/Reset Deadlines: Summary Judgment motions due by 3/17/2023. Response to Motion for Summary Judgment due by 4/21/2023. Reply to Motion for Summary Judgment due by 5/19/2023. Replies due by 6/9/2023. (lsj) (Entered: 02/03/2023)
2023-03-1611Unopposed MOTION to Modify Summary Judgment Briefing Schedule by U.S. DEPARTMENT OF COMMERCE. (Quinn, Thomas) (Entered: 03/16/2023)
2023-03-16MINUTE ORDER GRANTING Unopposed 11 Motion to Modify Briefing Schedule. The Court ORDERS that: 1) Defendant shall file its Motion for Summary Judgment by April 14, 2023; 2) Plaintiff shall file his Opposition and Cross-Motion for Summary Judgment, if any, by May 12, 2023; 3) Defendant shall file its Reply and Opposition to Cross-Motion by June 9, 2023; and 4) Plaintiff shall file his Reply by July 14, 2023. So ORDERED by Judge James E. Boasberg on 3/16/2023. (lcjeb3) (Entered: 03/16/2023)
2023-03-16Set/Reset Deadlines: Summary Judgment motions due by 4/14/2023. Response to Motion for Summary Judgment due by 5/12/2023. Cross Motions due by 5/12/2023. Reply to Motion for Summary Judgment due by 6/9/2023. Response to Cross Motions due by 6/9/2023. Reply to Cross Motions due by 7/14/2023. (nbn) (Entered: 03/17/2023)
2023-04-1412Unopposed MOTION to Modify THE SUMMARY JUDGMENT BRIEFING SCHEDULE by U.S. DEPARTMENT OF COMMERCE. (Quinn, Thomas) (Entered: 04/14/2023)
2023-04-14MINUTE ORDER GRANTING Unopposed 12 Motion to Modify Briefing Schedule. The Court ORDERS that: 1) Defendant shall file its Motion for Summary Judgment by April 18, 2023; 2) Plaintiff shall file his Opposition and Cross-Motion for Summary Judgment, if any, by May 16, 2023; 3) Defendant shall file its Reply and Opposition to Cross-Motion by June 13, 2023; and 4) Plaintiff shall file his Reply by July 18, 2023. So ORDERED by Chief Judge James E. Boasberg on 4/14/2023. (lcjeb3) (Entered: 04/14/2023)
2023-04-14Set/Reset Deadlines: Summary Judgment motions due by 4/18/2023. Response to Motion for Summary Judgment due by 5/16/2023. Cross Motions due by 5/16/2023. Response to Cross Motions due by 6/13/2023. Reply to Motion for Summary Judgment due by 6/13/2023. Reply to Cross Motions due by 7/18/2023. (nbn) (Entered: 04/14/2023)
2023-04-1813MOTION for Summary Judgment by U.S. DEPARTMENT OF COMMERCE. (Attachments: # 1 Declaration Ex. A, # 2 Declaration Ex. B)(Quinn, Thomas) (Entered: 04/18/2023)
2023-05-1014NOTICE of Appearance by Stephen Stich Match on behalf of JIMMY TOBIAS (Match, Stephen) (Entered: 05/10/2023)
2023-05-1015Unopposed MOTION for Extension of Time to Briefing Schedule by JIMMY TOBIAS. (Match, Stephen) (Entered: 05/10/2023)
2023-05-10MINUTE ORDER GRANTING Unopposed 15 Motion for Extension of Time. The Court ORDERS that: 1) Plaintiff shall file his Opposition and Cross-Motion for Summary Judgment, if any, by June 13, 2023; 2) Defendant shall file its Reply and Opposition to Cross-Motion by July 11, 2023; and 3) Plaintiff shall file his Reply by August 15, 2023. So ORDERED by Chief Judge James E. Boasberg on 5/10/2023. (lcjeb3) (Entered: 05/10/2023)
2023-05-10Set/Reset Deadlines: Response to Motion for Summary Judgment due by 6/13/2023. Cross Motions due by 6/13/2023. Reply to Motion for Summary Judgment due by 7/11/2023. Response to Cross Motions due by 7/11/2023. Reply to Cross Motions due by 8/15/2023. (nbn) (Entered: 05/10/2023)
2023-06-0716Joint MOTION to Vacate Briefing Schedule by JIMMY TOBIAS. (Match, Stephen) (Entered: 06/07/2023)
2023-06-07MINUTE ORDER: The Court ORDERS that: (1) The Joint 16 Motion to Vacate Briefing Schedule is GRANTED; (2) The Summary Judgment briefing schedule in this case is VACATED; and (3) The parties shall file a joint status report by August 11, 2023. So ORDERED by Chief Judge James E. Boasberg on 6/7/2023. (lcjeb3) (Entered: 06/07/2023)
2023-07-1817NOTICE OF SUBSTITUTION OF COUNSEL by Christina O'Tousa on behalf of U.S. DEPARTMENT OF COMMERCE Substituting for attorney Thomas Anthony Quinn (O'Tousa, Christina) (Entered: 07/18/2023)
2023-08-1118Joint STATUS REPORT by U.S. DEPARTMENT OF COMMERCE. (O'Tousa, Christina) (Entered: 08/11/2023)
2023-08-14MINUTE ORDER: The Court ADOPTS the parties' 18 Joint Status Report and ORDERS that they shall file a further joint status report by October 13, 2023. So ORDERED by Chief Judge James E. Boasberg on 08/14/2023. (lcjeb3) (Entered: 08/14/2023)
2023-08-14Set/Reset Deadlines: Joint Status Report due by 10/13/2023. (nbn) (Entered: 08/15/2023)
2023-08-18MINUTE ORDER: Given the parties' latest 18 Joint Status Report and the resolution of the substantive issues in the case, the Court ORDERS that Defendant's 13 Motion for Summary Judgment is DENIED WITHOUT PREJUDICE as moot. So ORDERED by Chief Judge James E. Boasberg on 08/18/2023. (lcjeb3) (Entered: 08/18/2023)
2023-10-1319Joint STATUS REPORT by U.S. DEPARTMENT OF COMMERCE. (O'Tousa, Christina) (Entered: 10/13/2023)
2023-10-16MINUTE ORDER: The Court ADOPTS the parties' 19 Joint Status Report and ORDERS that they shall file a further joint status report by January 5, 2024. So ORDERED by Chief Judge James E. Boasberg on 10/16/2023. (lcjeb3) (Entered: 10/16/2023)
2023-10-16Set/Reset Deadlines: Joint Status Report due by 1/5/2024. (znbn) (Entered: 10/16/2023)
2024-01-0520Joint STATUS REPORT by U.S. DEPARTMENT OF COMMERCE. (O'Tousa, Christina) (Entered: 01/05/2024)
2024-01-08MINUTE ORDER: The Court ADOPTS the parties' 20 Joint Status Report and ORDERS that they shall file a further joint status report by April 4, 2024. So ORDERED by Chief Judge James E. Boasberg on 1/8/2024. (lcjeb3) (Entered: 01/08/2024)
2024-01-08Set/Reset Deadlines: Joint Status Report due by 4/4/2024. (nbn) (Entered: 01/08/2024)
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