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Case TitleELLIOTT INVESTMENT MANAGEMENT LP v. SECURITIES AND EXCHANGE COMMISSION
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2023cv03290
Date Filed2023-11-02
Date ClosedOpen
JudgeJudge Randolph D. Moss
PlaintiffELLIOTT INVESTMENT MANAGEMENT LP
Case DescriptionElliott Investment Management submitted three FOIA requests to the SEC for records, one of which concerned the agency's Rule 10B-1 Proposal and Section 13(d) Proposal. The agency acknowledged receipt of the requests, but after hearing nothing further from the agency, Elliott Investment Management filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Attorney's fees

DefendantSECURITIES AND EXCHANGE COMMISION
DefendantSECURITIES AND EXCHANGE COMMISSION
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
Complaint attachment 7
Complaint attachment 8
Complaint attachment 9
Complaint attachment 10
Complaint attachment 11
Complaint attachment 12
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2023-11-021COMPLAINT against SECURITIES AND EXCHANGE COMMISION ( Filing fee $ 402 receipt number ADCDC-10468811) filed by ELLIOTT INVESTMENT MANAGEMENT LP. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Summons Attorney General, # 11 Summons SEC, # 12 Summons U.S. Attorney's Office)(Brugato, Thomas) (Entered: 11/02/2023)
2023-11-022NOTICE of Appearance by Thomas R. Brugato on behalf of ELLIOTT INVESTMENT MANAGEMENT LP (Brugato, Thomas) (Entered: 11/02/2023)
2023-11-023NOTICE of Appearance by Kevin F. King on behalf of ELLIOTT INVESTMENT MANAGEMENT LP (King, Kevin) (Entered: 11/02/2023)
2023-11-03Case Assigned to Judge Randolph D. Moss. (zcb) (Entered: 11/03/2023)
2023-11-03NOTICE OF ERROR re 1 Complaint; emailed to tbrugato@cov.com, cc'd 3 associated attorneys -- The PDF file you docketed contained errors: 1. Missing/incorrect summonses. Please submit using the event Request for Summons to issue., 2. FOIA Summons' needed., 3. COMPLIANCE DEADLINE is by close of business today. This case will not proceed any further until all errors are satisfied. (cb, ) (Entered: 11/03/2023)
2023-11-034REQUEST FOR SUMMONS TO ISSUE filed by ELLIOTT INVESTMENT MANAGEMENT LP. Related document: Notice of QC- New Case,. (Attachments: # 1 Summons Attorney General, # 2 Summons U.S. Attorney's Office)(Brugato, Thomas) (Entered: 11/03/2023)
2023-11-035STANDING 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 11/3/2023. (lcrdm3) (Entered: 11/03/2023)
2023-11-036REQUEST FOR SUMMONS TO ISSUE FOIA SUMMONS filed by ELLIOTT INVESTMENT MANAGEMENT LP. Related document: 4 Request for Summons to Issue filed by ELLIOTT INVESTMENT MANAGEMENT LP. (Attachments: # 1 Summons Attorney General, # 2 Summons U.S. Attorney's Office)(Brugato, Thomas) (Entered: 11/03/2023)
2023-11-067SUMMONS (3) Issued Electronically as to SECURITIES AND EXCHANGE COMMISSION, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(zcb) (Entered: 11/06/2023)
2023-11-298RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General November 13, 2023. (Attachments: # 1 Exhibit Return Receipt)(Brugato, Thomas) (Entered: 11/29/2023)
2023-11-299RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. SECURITIES AND EXCHANGE COMMISSION served on 11/13/2023 (Attachments: # 1 Exhibit Return Receipt)(Brugato, Thomas) (Entered: 11/29/2023)
2023-11-2910RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 11/22/2023. Answer due for ALL FEDERAL DEFENDANTS by 12/22/2023. (Attachments: # 1 Exhibit Delivery Confirmation)(Brugato, Thomas) (Entered: 11/29/2023)
2023-12-2211ANSWER to Complaint by SECURITIES AND EXCHANGE COMMISSION.(Cheng, Esther) (Entered: 12/22/2023)
2023-12-22MINUTE ORDER: It is ORDERED that, on or before January 19, 2024, 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 for an Initial Scheduling Conference on February 1, 2024, at 3:30 p.m., in Courtroom 8, before Judge Randolph D. Moss. Signed by Judge Randolph D. Moss on 12/22/2023. (lcrdm3) (Entered: 12/22/2023)
2024-01-1912Joint STATUS REPORT by SECURITIES AND EXCHANGE COMMISSION. (Cheng, Esther) (Entered: 01/19/2024)
2024-01-21MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 12 , it is hereby ORDERED that the parties shall file a further joint status report on or before February 19, 2024. Signed by Judge Randolph D. Moss on 1/21/2024. (lcrdm3) (Entered: 01/21/2024)
2024-01-31MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 12 , it is hereby ORDERED that the scheduling conference currently set for February 1, 2024 is VACATED. It is further ORDERED that the parties' joint status report, due on or before February 19, 2024, see Min. Order (Jan. 21, 2024), shall propose a new date for that scheduling conference. Signed by Judge Randolph D. Moss on 1/31/2024. (lcrdm3) (Entered: 01/31/2024)
2024-02-1913Joint STATUS REPORT by SECURITIES AND EXCHANGE COMMISSION. (Cheng, Esther) (Entered: 02/19/2024)
2024-02-20MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 13 , it is hereby ORDERED that the parties shall file a further joint status report on or before March 18, 2024. It is further ORDERED that the parties shall appear for an Initial Scheduling Conference on April 2, 2024, at 3:30 p.m., in Courtroom 8. Signed by Judge Randolph D. Moss on 2/20/2024. (lcrdm3) (Entered: 02/20/2024)
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