Case Detail

FOIA Project Annotation: Judge Reggie Walton has ruled that because the Department of Justice's Tax Division has now given Cause of Action Institute an unredacted version of an email chain the agency had previously withheld in part as being non-responsive the case is now moot and it would cause the agency undue surprise if Walton now allowed Cause of Action Institute to amend its complaint to include a pattern or practice claim. The Tax Division originally withheld parts of the email chain as non-responsive. As a result, Cause of Action Institute filed a follow-up request asking for the entire email chain. While the litigation was pending, DOJ updated its FOIA policy to adopt the Privacy Act's definition of a record, meaning that "each 'item, collection, or grouping of information' on the topic of the request can be considered a distinct 'record.'" Using the updated definition of a record, the Tax Division separated the email chain into nine distinct records and withheld eight of them as non-responsive. Regardless, the Tax Division ultimately disclosed the entire email chain to Cause of Action Institute. Intending to challenge the updated definition of records, Cause of Action Institute asked Walton to allow it to amend its complaint to include a pattern or practice claim. The Tax Division argued that to allow Cause of Action Institute to add a completely new issue constituted undue surprise. Walton agreed. He noted that "while it may be true that the Institute's proposed policy-or-practice claim relates to the same FOIA request, it does so only tangentially, as the Institute's Complaint is entirely predicated on the improper withholding of responsive records through the designation of those records as 'non-responsive.'" He added that "the Institute never asserted that the Department's action was pursuant to an improper policy or practice that violates the FOIA." Cause of Action contended that its pattern or practice claim fit into the exceptions for voluntary cessation of the challenged behavior or capable of repetition but evading review. However, Walton found neither exception applied and ruled that the suit was now moot.
Issues: Litigation - Jurisdiction - Moot, Litigation - Jurisdiction - Failure to State a Claim

Date Filed	Doc #	Docket Text
2016-11-08	1	COMPLAINT against UNITED STATES DEPARTMENT OF JUSTICE ( Filing fee $ 400 receipt number 0090-4736661) filed by CAUSE OF ACTION INSTITUTE. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Civil Cover Sheet, # 11 Summons DOJ, # 12 Summons AG, # 13 Summons Clerk)(Valvo, Russel) (Entered: 11/08/2016)
2016-11-08	2	Corporate Disclosure Statement by CAUSE OF ACTION INSTITUTE. (Valvo, Russel) (Entered: 11/08/2016)
2016-11-08	3	NOTICE of Appearance by Lee A. Steven on behalf of CAUSE OF ACTION INSTITUTE (Steven, Lee) (Entered: 11/08/2016)
2016-11-08		Case Assigned to Judge Reggie B. Walton. (sth) (Entered: 11/08/2016)
2016-11-08	4	SUMMONS (3) Issued Electronically as to UNITED STATES DEPARTMENT OF JUSTICE, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Summons, # 2 Summons, # 3 Summons)(sth) (Entered: 11/08/2016)
2016-11-16	5	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES DEPARTMENT OF JUSTICE served on 11/14/2016 (Valvo, Russel) (Entered: 11/16/2016)
2016-11-16	6	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 11/14/2016. (Valvo, Russel) (Entered: 11/16/2016)
2016-11-16	7	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 11/16/2016. Answer due for ALL FEDERAL DEFENDANTS by 12/16/2016. (Valvo, Russel) (Entered: 11/16/2016)
2016-12-15	8	Consent MOTION for Extension of Time to File Answer and to Set Briefing Schedule for Summary Judgment by UNITED STATES DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Wagner, Nelson) (Entered: 12/15/2016)
2016-12-16		MINUTE ORDER. Upon consideration of the defendant's Consent Motion to Extend Time to Answer and Set Summary Judgment Briefing Schedule, and for good cause shown, it is hereby ORDERED that the motion is GRANTED. It is further ORDERED that the defendant shall file its response to the plaintiff's complaint on or before January 6, 2017. It is further ORDERED that this case shall proceed as follows: (1) the defendant shall file its motion for summary judgment, if any, on or before January 6, 2017; (2) the plaintiff shall file its opposition to the defendant's motion for summary judgment and its cross-motion for summary judgment, if any, on or before January 27, 2017; (3) the defendant shall file its reply in support of its motion for summary judgment and its opposition to the plaintiff's cross-motion for summary judgment on or before February 17, 2017; and (4) the plaintiff shall file its reply in support of its cross-motion for summary judgment on or before March 3, 2017. Signed by Judge Reggie B. Walton on December 8, 2016. (lcrbw2) (Entered: 12/16/2016)
2016-12-16	9	GENERAL ORDER. Signed by Judge Reggie B. Walton on December 16, 2016. (lcrbw2) (Entered: 12/16/2016)
2016-12-16		Set/Reset Deadlines: Answer due by 1/6/2017, Replies due by 3/3/2017. Summary Judgment motions due by 1/6/2017. Response to Motion for Summary Judgment due by 1/27/2017. Reply to Motion for Summary Judgment due by 2/17/2017. (hs) (Entered: 12/16/2016)
2017-01-06	10	MOTION for Extension of Time to File Answer and to File Motion for Summary Judgment by UNITED STATES DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Wagner, Nelson) (Entered: 01/06/2017)
2017-01-09		MINUTE ORDER. Upon consideration of the defendant's Consent Motion to Extend Summary Judgment Briefing Schedule and Time to Answer, and for good cause shown, it is hereby ORDERED that the motion is GRANTED. It is further ORDERED that this case shall proceed as follows: (1) the defendant shall file its motion for summary judgment and answer to the plaintiff's complaint on or before January 18, 2017; (2) the plaintiff shall file its opposition to the defendant's motion for summary judgment and its cross-motion for summary judgment, if any, on or before February 8, 2017; (3) the defendant shall file its reply in support of its motion for summary judgment and its opposition to the plaintiff's cross-motion for summary judgment on or before March 1, 2017; and (4) the plaintiff shall file its reply in support of its cross-motion for summary judgment on or before March 15, 2017. Signed by Judge Reggie B. Walton on January 9, 2017. (lcrbw2) (Entered: 01/09/2017)
2017-01-09		Set/Reset Deadlines: Defendant's Summary Judgment motion due by 1/18/2017. Plaintiff's Response to Motion for Summary Judgment/Cross Motion due by 2/8/2017. Defendant's Reply to Motion for Summary Judgment/Opposition to Cross Motion due by 3/1/2017. Reply to Cross Motions due by 3/15/2017.(hs) (Entered: 01/09/2017)
2017-01-18	11	ANSWER to Complaint by UNITED STATES DEPARTMENT OF JUSTICE.(Wagner, Nelson) (Entered: 01/18/2017)
2017-01-18	12	MOTION for Summary Judgment by UNITED STATES DEPARTMENT OF JUSTICE (Attachments: # 1 Declaration of Carmen Banerjee, # 2 Statement of Facts, # 3 Text of Proposed Order)(Wagner, Nelson) (Entered: 01/18/2017)
2017-02-08	13	Cross MOTION for Summary Judgment & Resp. to Def.'s Mot. for Summ. J. by CAUSE OF ACTION INSTITUTE (Attachments: # 1 Statement of Facts Pl.'s SUMF, # 2 Statement of Facts Pl.'s Resp. to Def.'s SUMF, # 3 Declaration of R. James Valvo, III, # 4 Text of Proposed Order)(Valvo, Russel) (Entered: 02/08/2017)
2017-02-08	14	RESPONSE re 12 MOTION for Summary Judgment filed by CAUSE OF ACTION INSTITUTE. (SEE DOCKET ENTRY NO. 13 TO VIEW DOCUMENT) (td) (Entered: 02/09/2017)
2017-02-22	15	Consent MOTION for Extension of Time to File Response/Reply on Motion for Summary Judgment by UNITED STATES DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Wagner, Nelson) (Entered: 02/22/2017)
2017-02-23		MINUTE ORDER. Upon consideration of the defendant's Consent Motion to Extend Time to Respond to Motion for Summary Judgment, for good cause shown, it is hereby ORDERED that the motion is GRANTED. It is further ORDERED that the defendant shall file its reply in support of its motion for summary judgment and its opposition to the plaintiff's cross-motion for summary judgment on or before March 10, 2017; and (4) the plaintiff shall file its reply in support of its cross-motion for summary judgment on or before March 24, 2017. Signed by Judge Reggie B. Walton on February 23, 2017. (lcrbw2) (Entered: 02/23/2017)
2017-02-23		Set/Reset Deadlines: Defendant's Reply to Motion for Summary Judgment due by 3/10/2017. Plaintiff's Reply to Cross Motions due by 3/24/2017. (hs) (Entered: 02/23/2017)
2017-03-10	16	REPLY to opposition to motion re 12 MOTION for Summary Judgment and Opposition to Cross-Motion filed by UNITED STATES DEPARTMENT OF JUSTICE. (Wagner, Nelson) (Entered: 03/10/2017)
2017-03-10	17	Memorandum in opposition to re 13 Cross MOTION for Summary Judgment & Resp. to Def.'s Mot. for Summ. J. filed by UNITED STATES DEPARTMENT OF JUSTICE. (See Docket Entry 16 to view document). (znmw) (Entered: 03/13/2017)
2017-03-24	18	REPLY to opposition to motion re 13 Cross MOTION for Summary Judgment & Resp. to Def.'s Mot. for Summ. J. Reply in Supp. of Cross-Motion for Summ. J. filed by CAUSE OF ACTION INSTITUTE. (Valvo, Russel) (Entered: 03/24/2017)
2017-03-24	19	MOTION for Leave to File Amended Complaint by CAUSE OF ACTION INSTITUTE (Attachments: # 1 Text of Proposed Order, # 2 Index of Exhibits, # 3 Amended Compl., # 4 Redline of Amended Compl., # 5 Exhibit A, # 6 Exhibit B, # 7 Exhibit C, # 8 Exhibit D, # 9 Exhibit E, # 10 Exhibit F, # 11 Exhibit G, # 12 Exhibit H, # 13 Exhibit I, # 14 Exhibit J, # 15 Exhibit K)(Valvo, Russel) (Entered: 03/24/2017)
2017-04-07	20	RESPONSE re 19 MOTION for Leave to File Amended Complaint filed by UNITED STATES DEPARTMENT OF JUSTICE. (Wagner, Nelson) (Entered: 04/07/2017)
2017-04-13	21	REPLY to opposition to motion re 19 MOTION for Leave to File Amended Complaint filed by CAUSE OF ACTION INSTITUTE. (Valvo, Russel) (Entered: 04/13/2017)
2017-09-28	22	ORDER. For the reasons to be set forth in the Memorandum Opinion to be issued by the Court within the next thirty days, absent extraordinary circumstances, the Court will deny the plaintiff's motion for leave to amend its Complaint, grant the defendant's motion for summary judgment, and deny the plaintiff's cross-motion for summary judgment in a final Order that will be issued contemporaneously with the forthcoming Memorandum Opinion. Accordingly, it is hereby ORDERED that the Cause of Action Institute's Motion for Leave to Amend Its Complaint, ECF No. 19, is DENIED. It is further ORDERED that the Department of Justice's Motion for Summary Judgment, ECF No. 12, is GRANTED. It is further ORDERED that the Cause of Action Institute's Response to Department of Justice's Motion for Summary Judg[]ment and Cross-Motion for Summary Judgment, ECF No. 13, is DENIED. It is further ORDERED that this Order is not a final Order subject to appeal. Signed by Judge Reggie B. Walton on September 28, 2017. (lcrbw2) (Entered: 09/28/2017)
2017-10-10	23	ORDER. In accordance with the Memorandum Opinion issued on this same day, it is hereby ORDERED that the Department of Justice's Motion for Summary Judgment, ECF No. 12, is GRANTED. It is further ORDERED that the Cause of Action Institute's Response to Department of Justice's Motion for Summary Judg[]ment and Cross-Motion for Summary Judgment, ECF No. 13, is DENIED. It is further ORDERED that the Cause of Action Institute's Motion for Leave to Amend Its Complaint, ECF No. 19, is DENIED. It is further ORDERED that, to the extent the plaintiff seeks attorneys' fees and costs, it may file a motion with the requisite documentation supporting its request for such an award on or before November 7, 2017. Signed by Judge Reggie B. Walton on October 10, 2017. (lcrbw2) (Entered: 10/10/2017)
2017-10-10	24	MEMORANDUM OPINION. Signed by Judge Reggie B. Walton on October 10, 2017. (lcrbw2) (Entered: 10/10/2017)
2017-10-10		Set/Reset Deadlines: Plaintiff's Motion due by 11/7/2017. (hs) (Entered: 10/10/2017)
2017-10-30	25	STIPULATION of Dismissal , joint, with prejudice by CAUSE OF ACTION INSTITUTE. (Valvo, Russel) (Entered: 10/30/2017)
2017-10-31		MINUTE ORDER. Upon consideration of the parties' Joint Stipulation of Dismissal with Prejudice, and for good cause shown, it is hereby ORDERED that this case is DISMISSED WITH PREJUDICE. It is further ORDERED that this case is CLOSED. Signed by Judge Reggie B. Walton on October 31, 2017. (lcrbw2) (Entered: 10/31/2017)
Hide Docket Events