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Case TitleHERITAGE FOUNDATION et al v. U.S. SECURITIES AND EXCHANGE COMMISSION
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2023cv00238
Date Filed2023-01-27
Date ClosedOpen
JudgeJudge Colleen Kollar-Kotelly
PlaintiffHERITAGE FOUNDATION
PlaintiffMIKE HOWELL
Case DescriptionThe Heritage Foundation submitted FOIA requests to the Securities and Exchange Commission for records concerning emails related the Proposed Climate Disclosure Rule. The agency acknowledged receipt of the request but after hearing nothing from the agency, the Heritage Foundation file suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Vaughn index, Litigation - Attorney's fees

DefendantU.S. SECURITIES AND EXCHANGE COMMISSION
DefendantSECURITIES AND EXCHANGE COMMISSION
Documents
Docket
Complaint
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User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2023-01-271COMPLAINT against SECURITIES AND EXCHANGE COMMISSION with Jury Demand ( Filing fee $ 402 receipt number ADCDC-9818807) filed by HERITAGE FOUNDATION, MIKE HOWELL. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons, # 4 Summons, # 5 1, # 6 2, # 7 3, # 8 4, # 9 5, # 10 6, # 11 7, # 12 8, # 13 9, # 14 10, # 15 11, # 16 12, # 17 13, # 18 14, # 19 15, # 20 16, # 21 17, # 22 18)(Dewey, Samuel) (Entered: 01/27/2023)
2023-01-30Case Assigned to Judge Colleen Kollar-Kotelly. (zsl) (Entered: 01/30/2023)
2023-01-302SUMMONS (3) Issued Electronically as to U.S. SECURITIES AND EXCHANGE COMMISSION, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(zsl) (Entered: 01/30/2023)
2023-02-013ORDER ESTABLISHING PROCEDURES FOR CASES ASSIGNED TO JUDGE COLLEEN KOLLAR-KOTELLY. Signed by Judge Colleen Kollar-Kotelly on 2/1/2023. (DM) (Entered: 02/01/2023)
2023-03-014NOTICE of Appearance by Michael S. Bailey on behalf of U.S. SECURITIES AND EXCHANGE COMMISSION (Bailey, Michael) (Entered: 03/01/2023)
2023-03-015ANSWER to Complaint by U.S. SECURITIES AND EXCHANGE COMMISSION.(Bailey, Michael) (Entered: 03/01/2023)
2023-03-016ORDER directing parties to file joint status report on or before March 29, 2023 . See Order for details. Signed by Judge Colleen Kollar-Kotelly on March 1, 2023. (lcckk1) (Entered: 03/01/2023)
2023-03-01Set/Reset Deadlines: Joint Status Report due by 3/29/2023. (dot) (Entered: 03/02/2023)
2023-03-297Joint STATUS REPORT by U.S. SECURITIES AND EXCHANGE COMMISSION. (Attachments: # 1 Text of Proposed Order)(Bailey, Michael) (Entered: 03/29/2023)
2023-03-29MINUTE ORDER: The Court is in receipt of the parties' 7 Joint Status Report. In consideration thereof, the parties shall file their next joint status report on or before June 27, 2023 and, if necessary, every ninety days thereafter. Signed by Judge Colleen Kollar-Kotelly on March 29, 2023. (lcckk1) (Entered: 03/29/2023)
2023-03-29Set/Reset Deadlines: Joint Status Report due by 6/27/2023. (dot) (Entered: 03/30/2023)
2023-06-278Joint STATUS REPORT by HERITAGE FOUNDATION, MIKE HOWELL. (Dewey, Samuel) (Entered: 06/27/2023)
2023-06-28MINUTE ORDER: The Court is in receipt of the parties' 8 Joint Status Report, in which they jointly propose a briefing schedule for a forthcoming motion for an Open America stay. Upon consideration thereof, the Court adopts the parties' proposed schedule. Defendant shall file its motion on or before August 15, 2023 , Plaintiffs shall file their opposition, if any, on or before September 5, 2023 , and Defendant shall file its reply on or before September 19, 2023 . Signed by Judge Colleen Kollar-Kotelly on June 28, 2023. (lcckk1) (Entered: 06/28/2023)
2023-06-28Set/Reset Deadlines: Defendant's Motion due by 8/15/2023. Plaintiffs' Opposition due by 9/5/2023. Defendant's Reply due by 9/19/2023. (dot) (Entered: 06/29/2023)
2023-07-209MOTION for Extension of Time to File Motion Seeking A Stay by U.S. SECURITIES AND EXCHANGE COMMISSION. (Bailey, Michael) (Entered: 07/20/2023)
2023-07-20MINUTE ORDER: The Court is in receipt of Defendant's 9 Motion for Extension of Time to File Motion Seeking Stay. Defendant represents that further discussions between the parties may obviate the need for a forthcoming Open America motion, due August 15, 2023, and that the outcome of those discussions may lead Defendant to instead move for summary judgment. To afford sufficient time for those discussions, Defendant moves for an extension of time to file their Open America motion (or, in the alternative, motion for summary judgment) to September 15, 2023. As Plaintiffs consent, and upon good cause shown, Defendant's 9 Motion for Extension of Time to File Motion Seeking Stay is GRANTED . Defendant shall file its motion for an Open America stay, or, in the alternative, for summary judgment on or before September 15, 2023 , Plaintiffs shall file their opposition on or before October 5, 2023 , and Defendant shall file its reply on or before October 19, 2023 . Signed by Judge Colleen Kollar-Kotelly on July 20, 2023. (lcckk1) (Entered: 07/20/2023)
2023-07-20Set/Reset Deadlines: Defendant's Motion due by 9/15/2023. Plaintiffs' Response due by 10/5/2023. Defendant's Reply due by 10/19/2023. (dot) (Entered: 07/21/2023)
2023-09-1510MOTION for Summary Judgment or, in the Alternative, to Stay the Litigation by U.S. SECURITIES AND EXCHANGE COMMISSION. (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Declaration, # 4 Declaration, # 5 Text of Proposed Order)(Bailey, Michael) (Entered: 09/15/2023)
2023-10-0511Consent MOTION Modify Briefing Schedule re Set/Reset Deadlines, Order,, , MOTION to Modify by HERITAGE FOUNDATION, MIKE HOWELL. (Dewey, Samuel) (Entered: 10/05/2023)
2023-10-05MINUTE ORDER: The Court is in receipt of Plaintiffs' 11 Consent Motion to Modify Briefing Deadlines. Plaintiffs represent that the parties are discussing how to narrow this dispute and, as such, request that the Court extend their deadline to file their opposition to Defendant's motion for summary judgment from October 5, 2023 to October 19, 2023. As Defendant consents, and upon good cause shown, Plaintiffs' 11 Consent Motion to Modify Briefing Deadlines is GRANTED . Plaintiffs shall file their opposition on or before October 19, 2023 , and Defendant shall file its reply on or before November 2, 2023 . Signed by Judge Colleen Kollar-Kotelly on October 5, 2023. (lcckk1) (Entered: 10/05/2023)
2023-10-05Set/Reset Deadlines: Plaintiffs shall file their opposition to Motion for 10 Summary Judgment by 10/19/2023. Defendant shall file its reply to 10 Motion for Summary Judgment by 11/2/2023. (dot) (Entered: 10/06/2023)
2023-10-1912Joint STATUS REPORT by U.S. SECURITIES AND EXCHANGE COMMISSION. (Bailey, Michael) (Entered: 10/19/2023)
2023-12-1413ORDER finding as moot 10 Motion for Summary Judgment. The parties are directed to file a joint status report on or before March 14, 2024 , and, if necessary, every sixty days thereafter. See Order for more details. Signed by Judge Colleen Kollar-Kotelly on December 14, 2023. (lcckk1) (Entered: 12/14/2023)
2023-12-14Set/Reset Deadlines: Joint Status Report due by 3/14/2024, and, if necessary, every sixty days thereafter. (dot) (Entered: 12/14/2023)
2024-03-1414Joint STATUS REPORT by U.S. SECURITIES AND EXCHANGE COMMISSION. (Bailey, Michael) (Entered: 03/14/2024)
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