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Case TitleCOMPETITIVE ENTERPRISE INSTITUTE v. UNITED STATES DEPARTMENT OF THE TREASURY
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2017cv01600
Date Filed2017-08-09
Date Closed2018-08-09
JudgeJudge Rudolph Contreras
PlaintiffCOMPETITIVE ENTERPRISE INSTITUTE
Case DescriptionThe Competitive Enterprise Institute submitted a FOIA request to the Department of the Treasury for a copy of a 2014 letter from the Bank of England and Financial Stability Board head Mark Carney to Treasury Secretary Jacob Lew asking why Berkshire Hathaway's reinsurance operation was not included on the Financial Stability Board's provisional list of systemically important financial institutions. The agency acknowledged receipt of the request, but after hearing nothing further from the agency, CEI filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantUNITED STATES DEPARTMENT OF THE TREASURY
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Opinion/Order [17]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2017-08-091COMPLAINT against UNITED STATES DEPARTMENT OF THE TREASURY ( Filing fee $ 400 receipt number 0090-5067632) filed by COMPETITIVE ENTERPRISE INSTITUTE. (Attachments: # 1 Civil Cover Sheet, # 2 Summons for the Treasury Department, # 3 Summons for the US Attorney, # 4 Summons for the Attorney General)(Bader, Hans) (Entered: 08/09/2017)
2017-08-10Case Assigned to Judge Rudolph Contreras. (zsb) (Entered: 08/10/2017)
2017-08-102SUMMONS (3) Issued Electronically as to UNITED STATES DEPARTMENT OF THE TREASURY, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Consent Form)(zsb) (Entered: 08/10/2017)
2017-09-063RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 8/15/2017. ( Answer due for ALL FEDERAL DEFENDANTS by 9/14/2017.), RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES DEPARTMENT OF THE TREASURY served on 9/6/2017, RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 8/15/2017. (Bader, Hans) (Entered: 09/06/2017)
2017-09-074NOTICE of Appearance by Wyneva Johnson on behalf of UNITED STATES DEPARTMENT OF THE TREASURY (Johnson, Wyneva) (Entered: 09/07/2017)
2017-09-145Consent MOTION for Extension of Time to by UNITED STATES DEPARTMENT OF THE TREASURY (Attachments: # 1 Text of Proposed Order)(Johnson, Wyneva) (Entered: 09/14/2017)
2017-09-14MINUTE ORDER granting 5 Defendant's Consent Motion for Extension of Time: It is hereby ORDERED that Defendant shall respond to Plaintiff's Complaint on or before October 5, 2017. SO ORDERED. Signed by Judge Rudolph Contreras on 9/14/2017. (lcrc3) (Entered: 09/14/2017)
2017-10-106Consent MOTION for Leave to File Out Of Time by UNITED STATES DEPARTMENT OF THE TREASURY (Attachments: # 1 Text of Proposed Order)(Johnson, Wyneva) (Entered: 10/10/2017)
2017-10-10MINUTE ORDER granting 6 Defendant's Consent Motion for Leave to File Out of Time: It is hereby ORDERED that Defendant shall respond to Plaintiff's Complaint on or before October 12, 2017. SO ORDERED. Signed by Judge Rudolph Contreras on 10/10/2017. (lcrc3) (Entered: 10/10/2017)
2017-10-11Set/Reset Deadlines: Answer due by 10/12/2017, (tj) (Entered: 10/11/2017)
2017-10-127ANSWER to Complaint by UNITED STATES DEPARTMENT OF THE TREASURY.(Johnson, Wyneva) (Entered: 10/12/2017)
2017-10-13MINUTE ORDER: It is hereby ORDERED that the parties shall meet, confer, and submit a proposed briefing schedule on or before October 27, 2017. SO ORDERED. Signed by Judge Rudolph Contreras on 10/13/2017. (lcrc3) (Entered: 10/13/2017)
2017-10-138NOTICE of Appearance by Sam Kazman on behalf of COMPETITIVE ENTERPRISE INSTITUTE (Kazman, Sam) (Entered: 10/13/2017)
2017-10-139NOTICE OF WITHDRAWAL OF APPEARANCE as to COMPETITIVE ENTERPRISE INSTITUTE. Attorney Hans Frank Bader terminated. (Bader, Hans) (Entered: 10/13/2017)
2017-10-17Set/Reset Deadlines: Proposed Briefing Schedule due by 10/27/2017 (tj) (Entered: 10/17/2017)
2017-10-2510Joint STATUS REPORT by COMPETITIVE ENTERPRISE INSTITUTE (Kazman, Sam) Modified event title on 10/26/2017 (znmw). (Entered: 10/25/2017)
2017-10-25MINUTE ORDER: Upon consideration of 10 the parties' Joint Status Report, it is hereby ORDERED that Defendant's Motion for Summary Judgment shall be filed on or before December 5, 2017; Plaintiff's opposition to that motion shall be filed on or before January 15, 2018; and Defendant's reply in support of its motion shall be filed on or before February 1, 2018. SO ORDERED. Signed by Judge Rudolph Contreras on 10-25-2017. (lcrc3) (Entered: 10/25/2017)
2017-10-25Set/Reset Deadlines: Summary Judgment motions due by 12/15/2017; Opposition to Motion for Summary Judgment due by 1/15/2018; Reply to Motion for Summary Judgment due by 2/1/2018. (tj) (Entered: 10/25/2017)
2017-12-0511Consent MOTION for Extension of Time to respond to Plaintiff's Complaint by UNITED STATES DEPARTMENT OF THE TREASURY (Attachments: # 1 Text of Proposed Order)(Johnson, Wyneva) (Entered: 12/05/2017)
2017-12-05MINUTE ORDER granting 11 Consent Motion for Extension of Time: It is hereby ORDERED that Defendant shall respond to Plaintiff's Complaint on or before December 6, 2017. SO ORDERED. Signed by Judge Rudolph Contreras on 12/5/2017.(lcrc3) (Entered: 12/05/2017)
2017-12-0612MOTION for Summary Judgment by UNITED STATES DEPARTMENT OF THE TREASURY (Attachments: # 1 Declaration (Declaration of Michael W. Mason), # 2 Text of Proposed Order)(Johnson, Wyneva) (Entered: 12/06/2017)
2017-12-1113NOTICE of Appearance by Charles Devin Watkins on behalf of COMPETITIVE ENTERPRISE INSTITUTE (Watkins, Charles) (Entered: 12/11/2017)
2018-01-1514Memorandum in opposition to re 12 MOTION for Summary Judgment filed by COMPETITIVE ENTERPRISE INSTITUTE. (Attachments: # 1 Statement of Facts Statement of Genuine Issues, # 2 Declaration of Sam Kazman, # 3 Text of Proposed Order, # 4 Exhibit Attachment A - Risk.net article, # 5 Exhibit Attachment B - letter to Festa acknowledge receipt, # 6 Exhibit Attachment C - letter to Festa denying control, # 7 Exhibit Attachment D - FOIA request from CEI to Treasury, # 8 Exhibit Attachment E - letter to Festa changing rationale for withholding, # 9 Exhibit Attachment F - Revised letter to CEI, # 10 Exhibit Attachment G - Letter Not Sent)(Watkins, Charles) (Entered: 01/15/2018)
2018-02-0115REPLY to opposition to motion re 12 MOTION for Summary Judgment filed by UNITED STATES DEPARTMENT OF THE TREASURY. (Johnson, Wyneva) (Entered: 02/01/2018)
2018-08-0916ORDER granting 12 Defendant's Motion for Summary Judgment. See document for details. Signed by Judge Rudolph Contreras on August 9, 2018. (lcrc3) (Entered: 08/09/2018)
2018-08-0917MEMORANDUM OPINION granting 12 Defendant's Motion for Summary Judgment. See document for details. Signed by Judge Rudolph Contreras on August 9, 2018. (lcrc3) (Entered: 08/09/2018)
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