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Case TitleGOVERNMENT ACCOUNTABILITY & OVERSIGHT v. FEDERAL DEPOSIT INSURANCE CORPORATION
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2023cv01280
Date Filed2023-05-05
Date ClosedOpen
JudgeJudge Randolph D. Moss
PlaintiffGOVERNMENT ACCOUNTABILITY & OVERSIGHT
Case DescriptionGovernment Accountability and Oversight submitted a FOIA request to the Federal Deposit Insurance Corporation for records concerning email correspondence between FDIC regulators in the immediate days surrounding the collapse of Silicon Valley Bank. GAO also asked for expedited processing. The agency acknowledged receipt of the request and granted GAO's request for expedited processing. The agency told GAO that its request fell within the unusual circumstances' exception. After hearing nothing further from the agency, GAO filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantFEDERAL DEPOSIT INSURANCE CORPORATION
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2023-05-051COMPLAINT against FEDERAL DEPOSIT INSURANCE CORPORATION for Violations of the Freedom of Information Act ( Filing fee $ 402 receipt number ADCDC-10050053) filed by GOVERNMENT ACCOUNTABILITY & OVERSIGHT. (Attachments: # 1 Exhibit A (FOIA Request), # 2 Exhibit B (Acknowledgement Letter), # 3 Exhibit C (Expedited Processing Granted), # 4 Exhibit D (Claim of Unusual Circumstances), # 5 Civil Cover Sheet, # 6 Summons Proposed to USAO, USAG, and FDIC)(Hardin, Matthew) (Entered: 05/05/2023)
2023-05-052NOTICE of Appearance by Christopher Cochran Horner on behalf of GOVERNMENT ACCOUNTABILITY & OVERSIGHT (Horner, Christopher) (Entered: 05/05/2023)
2023-05-05Case Assigned to Judge Randolph D. Moss. (zsl) (Entered: 05/05/2023)
2023-05-053SUMMONS (3) Issued Electronically as to FEDERAL DEPOSIT INSURANCE CORPORATION, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(zsl) (Entered: 05/05/2023)
2023-05-054STANDING ORDER: The parties are hereby ORDERED to comply with the directives set forth in the attached Standing Order. See document for details. Signed by Judge Randolph D. Moss on 5/5/2023. (lcrdm3) (Entered: 05/05/2023)
2023-06-015ANSWER to Complaint by FEDERAL DEPOSIT INSURANCE CORPORATION.(Benton, Jason) (Entered: 06/01/2023)
2023-06-02MINUTE ORDER: It is ORDERED that, on or before July 14, 2023, the parties shall confer and file a joint status report addressing (1) any documents still to be produced pursuant to FOIA; (2) an anticipated schedule for processing and producing any such documents; and (3) any substantive areas of disagreement between the parties. It is FURTHER ORDERED that the parties shall appear by video for an Initial Scheduling Conference on July 21, 2023, at 2:30 p.m., via Zoom. Signed by Judge Randolph D. Moss on 6/2/2023. (lcrdm3) (Entered: 06/02/2023)
2023-07-146Joint STATUS REPORT by FEDERAL DEPOSIT INSURANCE CORPORATION. (Benton, Jason) (Entered: 07/14/2023)
2023-07-14MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 6 , it is hereby ORDERED that the Initial Scheduling Conference previously set for July 21, 2023 is VACATED. It is further ORDERED that the parties shall submit a further joint status report on or before September 12, 2023. Signed by Judge Randolph D. Moss on 07/14/2023. (lcrdm3) (Entered: 07/14/2023)
2023-09-127Joint STATUS REPORT by FEDERAL DEPOSIT INSURANCE CORPORATION. (Benton, Jason) (Entered: 09/12/2023)
2023-09-15MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 7 , and pursuant to subsection 10(a)(i) of the Court's standing order, Dkt. 4 at 4, it is hereby ORDERED that: (1) Defendant shall file, on or before September 28, 2023, "a short notice via ECF, not to exceed six double-spaced pages in length... setting forth the basis for the anticipated motion, including the legal standards and the claims at issue, and (2) Plaintiff shall respond by filing, on or before October 5, 2023, a document of similar length setting forth [its] anticipated responses to the proposed motion. It is further ORDERED that all parties shall appear for a pre-motion conference on November 1, 2023, at 2:00 p.m., in Courtroom 8. Signed by Judge Randolph D. Moss on 09/15/2023. (lcrdm3) (Entered: 09/15/2023)
2023-09-288NOTICE of Intent to File Summary Judgment Motion by FEDERAL DEPOSIT INSURANCE CORPORATION (Benton, Jason) (Entered: 09/28/2023)
2023-10-059NOTICE of Intent to Oppose Motion for Summary Judgment and to Cross-Move if Appropriate by GOVERNMENT ACCOUNTABILITY & OVERSIGHT re 8 Notice (Other) (Hardin, Matthew) (Entered: 10/05/2023)
2023-10-1310NOTICE of Appearance by Eric Neal Cornett on behalf of GOVERNMENT ACCOUNTABILITY & OVERSIGHT (Cornett, Eric) (Entered: 10/13/2023)
2023-10-30Set/Reset Hearings: Pre-motion Conference set for 11/1/2023 at 02:00 PM in Courtroom 8- In Person before Judge Randolph D. Moss. (zglw) (Entered: 10/30/2023)
2023-11-01MINUTE ORDER: Based on Plaintiff's representation that it is not disputing the adequacy of the production received and that the only remaining dispute concerns fees, the Court finds that no live controversy remains between the parties and hereby DISMISSES this case as MOOT. See Crooker v. U.S. State Dep't , 628 F.2d 9, 10 (D.C. Cir. 1980) (Once the records are produced the substance of the controversy disappears and becomes moot since the disclosure which the suit seeks has already been made.); Heily v. U.S. Dep't of Defense , 896 F. Supp. 2d 25, 37 (D.D.C. 2012) (dismissing FOIA claims as moot where the plaintiff received the requested materials while litigation was pending), aff'd , 2013 WL 5975876, (D.C. Cir. Oct. 16, 2013) (per curiam). It is further ORDERED that: (1) Plaintiff shall file its motion for attorneys fess on or before December 1, 2023; (2) the FDIC shall respond on or before December 20, 2023; and (3) Plaintiff shall file a reply, if any, on or before January 5, 2024. Signed by Judge Randolph D. Moss on 11/01/2023. (lcrdm3) (Entered: 11/01/2023)
2023-11-01Minute Entry for proceedings held before Judge Randolph D. Moss: Status Conference held on 11/1/2023. (Court Reporter Tammy Sefranek) (zglw) (Entered: 11/01/2023)
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by FOIA Project Staff
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