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Case TitleKUSHNICK v. FEDERAL COMMUNICATIONS COMMISSION
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2015cv02229
Date Filed2015-12-22
Date Closed2016-02-11
JudgeJudge James E. Boasberg
PlaintiffBRUCE A. KUSHNICK
Case DescriptionBruce Kushnick, executive director of New Networks Institute and a journalist specializing in communications issues, submitted a FOIA request to the Federal Communications Commission for records concerning the investigation and settlement of charges against Verizon Wireless for unauthorized third party charges to customers. The agency told Kuschnick it would give Verizon an opportunity to object to disclosure. Verizon indicated it had no objection and the agency reviewed nearly 15,000 pages, not including internal documents which the agency told Kucknick it had no obligation to process. The agency indicated that the withholdings were made under Exemption 7(A) (interference with ongoing investigation or proceeding) and Exemption 7(E) (investigative methods and techniques), but did not tie specific documents to the exemption claims. Although Kucknick does not state that he filed an administrative appeal, he argued that his administrative remedies had been exhausted. He then filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantFEDERAL COMMUNICATIONS COMMISSION
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2015-12-221COMPLAINT against FEDERAL COMMUNICATIONS COMMISSION ( Filing fee $ 400 receipt number 0090-4357950) filed by BRUCE A. KUSHNICK. (Attachments: # 1 Civil Cover Sheet, # 2 Summons Summons, # 3 Summons Summons, # 4 Summons Summons)(Belendiuk, Arthur) (Entered: 12/22/2015)
2015-12-22Case Assigned to Judge James E. Boasberg. (md) (Entered: 12/22/2015)
2015-12-282SUMMONS (3) Issued Electronically as to FEDERAL COMMUNICATIONS COMMISSION, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice of Consent) (md) (Entered: 12/28/2015)
2016-02-013RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. FEDERAL COMMUNICATIONS COMMISSION served on 1/4/2016 (Belendiuk, Arthur) (Entered: 02/01/2016)
2016-02-014RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 1/4/2016. ( Answer due for ALL FEDERAL DEFENDANTS by 2/3/2016.), RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 1/4/16. (See docket entry no. 3 to view document.) (td) (Entered: 02/02/2016)
2016-02-035NOTICE of Appearance by Joshua M. Kolsky on behalf of FEDERAL COMMUNICATIONS COMMISSION (Kolsky, Joshua) (Entered: 02/03/2016)
2016-02-036Consent MOTION for Extension of Time to File Answer re 1 Complaint, or Otherwise Respond to the Complaint by FEDERAL COMMUNICATIONS COMMISSION (Attachments: # 1 Text of Proposed Order)(Kolsky, Joshua) (Entered: 02/03/2016)
2016-02-03MINUTE ORDER granting Defendant's 6 Consent Motion for Extension of Time to Answer. Defendant shall file its answer or other responsive pleading by no later than February 29, 2016. Signed by Judge James E. Boasberg on 02/03/2016. (lcjeb2) (Entered: 02/03/2016)
2016-02-03Set/Reset Deadline: Defendant shall file its answer or other responsive pleading by no later than 2/29/2016. (ad) (Entered: 02/03/2016)
2016-02-117STIPULATION of Dismissal by BRUCE A. KUSHNICK. (Belendiuk, Arthur) (Entered: 02/11/2016)
2016-02-11MINUTE ORDER: Per the parties' 7 Stipulation, the Court ORDERS that the case is DISMISSED WITH PREJUDICE. Signed by Judge James E. Boasberg on 02/11/2016. (lcjeb2) (Entered: 02/11/2016)
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by FOIA Project Staff
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