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Case TitleCENTER FOR COMPETITIVE POLITICS v. FEDERAL ELECTION COMMISSION
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2014cv00970
Date Filed2014-06-09
Date Closed2015-12-16
JudgeJudge Randolph D. Moss
PlaintiffCENTER FOR COMPETITIVE POLITICS
Case DescriptionThe Center for Competitive Politics submitted a FOIA request to the Federal Election Commission for the "First General Counsel's Report," a document prepared for the FEC commissioners as part of their consideration of whether Crossroads GPS had violated federal law by failing to register as a political action committee. A majority of commissioners decided not to pursue the charges. As part of their statement of reasons, the three majority commissioners indicated that the First General Counsel's Report had not been made public because it was considered privileged. Instead, a Second General Counsel's Report was made part of the public record. The agency responded to the Center's FOIA request by withholding the First General Counsel's Report entirely under Exemption 7(E) (investigative methods and techniques). The Center appealed the denial and the agency indicated that the commission had been unable to reach a decision on the merits of the appeal. The Center then filed suit.
Complaint issues: Failure to respond within statutory time limit, Exemption 7(E) - Investigative methods or techniques

DefendantFEDERAL ELECTION 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
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text
2014-06-091COMPLAINT against FEDERAL ELECTION COMMISSION ( Filing fee $ 400 receipt number 0090-3740502) filed by CENTER FOR COMPETITIVE POLITICS. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Civil Cover Sheet, # 7 Summons, # 8 Declaration LCvR 7.1)(Dickerson, Allen) (Entered: 06/09/2014)
2014-06-092LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by CENTER FOR COMPETITIVE POLITICS (md, ) (Entered: 06/09/2014)
2014-06-09Case Assigned to Judge Reggie B. Walton. (md, ) (Entered: 06/09/2014)
2014-06-113SUMMONS (1) Issued Electronically as to FEDERAL ELECTION COMMISSION. (Attachments: # 1 Notice of Consent, # 2 Consent Form)(md, ) (Entered: 06/11/2014)
2014-06-11SUMMONS Not Issued as to U.S. Attorney, U.S. Attorney General. (md, ) (Entered: 06/11/2014)
2014-07-254RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. FEDERAL ELECTION COMMISSION served on 6/23/2014 (Dickerson, Allen) (Entered: 07/25/2014)
2014-07-255RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 6/25/2014. Answer due for ALL FEDERAL DEFENDANTS by 7/25/2014. (Dickerson, Allen) (Entered: 07/25/2014)
2014-07-256RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 06/25/2014. (Dickerson, Allen) (Entered: 07/25/2014)
2014-07-287MOTION for Summary Judgment by FEDERAL ELECTION COMMISSION (Attachments: # 1 Memorandum in Support, # 2 Declaration, # 3 Statement of Facts, # 4 Text of Proposed Order)(Hajjar, Steve) (Entered: 07/28/2014)
2014-07-288NOTICE of Appearance by Steve Nicholas Hajjar on behalf of FEDERAL ELECTION COMMISSION (Hajjar, Steve) (Entered: 07/28/2014)
2014-07-299NOTICE of Appearance by Erin R Chlopak on behalf of FEDERAL ELECTION COMMISSION (Chlopak, Erin) (Entered: 07/29/2014)
2014-07-2910NOTICE of Appearance by Kevin Deeley on behalf of FEDERAL ELECTION COMMISSION (Deeley, Kevin) (Entered: 07/29/2014)
2014-08-0511Joint MOTION for Briefing Schedule by FEDERAL ELECTION COMMISSION (Attachments: # 1 Text of Proposed Order)(Hajjar, Steve) (Entered: 08/05/2014)
2014-08-06MINUTE ORDER re 11 Joint Motion to Set Briefing Schedule. In accordance with the parties' Joint Motion to Set Briefing Schedul, it is ORDERED that this case shall proceed as follows: (1) the plaintiff shall file an opposition to the defendants motion for summary judgment on or before August 28, 2014; and (2) the defendant shall file a reply in support of its motion on or before September 15, 2014. Signed by Judge Reggie B. Walton on 8/6/2014. (lcrbw3, ) (Entered: 08/06/2014)
2014-08-06Set/Reset Deadlines: The plaintiff shall file an opposition to the defendants motion for summary judgment on or before 8/28/2014; and the defendant shall file a reply in support of its motion on or before 9/15/2014. (ad) (Entered: 08/06/2014)
2014-08-2212Joint MOTION for Briefing Schedule by FEDERAL ELECTION COMMISSION (Attachments: # 1 Text of Proposed Order)(Deeley, Kevin) (Entered: 08/22/2014)
2014-08-23MINUTE ORDER granting 12 Joint Motion to Set Briefing Schedule. For good cause shown, and in light of the parties consent, it is hereby ORDERED that the Joint Motion to Set Briefing Schedule is GRANTED and the plaintiff shall file its opposition to the pending motion for summary judgment on or before September 11, 2014, and the defendant shall file its reply on or before September 29, 2014. Signed by Reggie B. Walton on 8/23/2014. (lcrbw3) (Entered: 08/23/2014)
2014-08-29Set/Reset Deadlines: Opposition to Motion for Summary Judgment due by 9/11/2014. Reply to Motion for Summary Judgment due by 9/29/2014. (mpt, ) (Entered: 08/29/2014)
2014-09-1113Memorandum in opposition to re 7 MOTION for Summary Judgment filed by CENTER FOR COMPETITIVE POLITICS. (Attachments: # 1 Statement of Facts, # 2 Declaration, # 3 Certificate of Service)(Dickerson, Allen) (Entered: 09/11/2014)
2014-09-2914REPLY to opposition to motion re 7 MOTION for Summary Judgment filed by FEDERAL ELECTION COMMISSION. (Hajjar, Steve) (Entered: 09/29/2014)
2014-11-19Case randomly reassigned to Judge Randolph D. Moss. Judge Reggie B. Walton no longer assigned to the case. (gt, ) (Entered: 11/19/2014)
2015-11-03MINUTE ORDER: It is hereby ORDERED that the parties shall appear for oral argument on Defendant Federal Election Commissions motion for summary judgment 7 on November 18, 2015, at 2:00 p.m.It is further ORDERED that Defendant Federal Election Commission shall provide a copy of the first First General Counsels Report to the Court for in camera review on or before November 6, 2015. Signed by Judge Randolph D. Moss on 11/3/2015. (lcrdm3, ) (Entered: 11/03/2015)
2015-11-03Set/Reset Deadline/Hearing: Defendant Federal Election Commission shall provide a copy of the first First General Counsels Report to the Court for in camera review on or before 11/6/2015. A Motion Hearing is set for 11/18/2015, at 2:00 PM, in Courtroom 21, before Judge Randolph D. Moss. (kt) (Entered: 11/03/2015)
2015-11-18Minute Entry for proceedings held before Judge Randolph D. Moss: Motion Hearing held on 11/18/2015 re: 7 MOTION for Summary Judgment filed by FEDERAL ELECTION COMMISSION. (Defendants to file declaration by 12/4/2015; Plaintiff's response due 12/18/2015; Defendant's reply due 12/29/2015). (Court Reporter: Jeff Hook). (kt) (Entered: 11/18/2015)
2015-12-0415NOTICE of Filing of Declaration of Mark D. Shonkwiler by FEDERAL ELECTION COMMISSION re 7 MOTION for Summary Judgment (Attachments: # 1 Declaration of Mark D. Shonkwiler)(Hajjar, Steve) (Entered: 12/04/2015)
2015-12-1616STIPULATION of Dismissal by FEDERAL ELECTION COMMISSION. (Attachments: # 1 Exhibit Exhibit 1)(Chlopak, Erin) (Entered: 12/16/2015)
2015-12-16MINUTE ORDER: Upon consideration of the parties' joint Stipulation of Dismissal 16 , it is hereby ORDERED that Defendant Federal Election Commission's Motion for Summary Judgment 7 is DENIED as moot, and the case is hereby DISMISSED. Signed by Judge Randolph D. Moss on 12/16/2015. (lcrdm3, ) (Entered: 12/16/2015)
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by FOIA Project Staff
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