Case Detail

FOIA Project Annotation: In a case brought by Cause of Action Institute to gain access to a Commerce Department report prepared for the President regarding the national security impact of the importation of passenger vehicles and automobile parts under Section 232 of the Trade Expansion Act of 1962, Judge Carl Nichols has agreed with the government that the report is protected by the presidential communications privilege even though Section 232 also requires such reports to be published. In May 2018, President Donald Trump asked then Commerce Secretary Wilbur Ross to consider initiating a Section 232 investigation into imports of automobiles, including trucks, and automotive parts to determine their effects on U.S. national security. Ross conducted the investigation and prepared a report for Trump, including factual findings and proposed recommendations. In particular, Ross found that "present quantities and circumstances of automobile, and certain automobile parts imports threaten to impair national security" and recommended the President take certain actions to correct the issue. Three months later, Trump issued a proclamation concurring with the Secretary's determination. The proclamation summarized thereport's conclusions, including Ross's proposed recommendations and quoted directly from the report five times. However, Trump did not invoke his statutory authority to impose tariffs but decided to pursue trade negotiations instead. Those negotiations remain ongoing and have not yet produced an agreement. In February 2019, Cause of Action sent two FOIA requests to the Department of Commerce â€" one to the Bureau of Industry and Science, which prepared the report, and one to the Office of the Secretary, which was responsible for transmitting the report to the President. Cause of Action filed suit a month later. Commerce then told Cause of Action that it would withhold the entire report under Exemption 5 (privileges), citing the presidential communications privilege and the deliberative process privilege. At the end of 2019, Congress passed an appropriations act for the Commerce Department. The appropriations act included Section 112, requiring the Secretary of Commerce to publish the report within 30 days of the enactment of the bill, which fell on January 19, 2020. However, Trump issued a presidential statement when signing the bill indicating that some of the proposed dissemination requirements might be protected by executive privilege. On January 17, 2020, the Office of Legal Counsel at the Department of Justice issued an opinion concluding that the disclosure requirement did not overcome the executive privileges that apply to the report. Nichols began by noting that "the presidential communications privileges is broad â€" covering both pre-decisional and post-decisional materials and protecting those materials in their entirety. In the FOIA context, it is well settled in this District that an agency maintains the authority to apply the presidential communications privilege." He explained that "the deliberative process, though 'closely affiliated' with the presidential communications privilege, has a distinct scope. This privilege allows for documents created during the government's decision-making process to be protected from disclosure." Cause of Action argued that Exemption 5 did not apply because the report was not an inter- or intra-agency report. Nichols noted that "the main thrust of this argument is that the recipients of the report â€" the President and his immediate White House staff â€" are not agencies under FOIA." Nichols explained that "instead of adopting the narrow construction of Exemption 5 that Cause of Action urges here, the D.C. Circuit (along with several other circuits) has adopted a functional approach to interpreting the statute's inter- and intra-agency requirements. In Judicial Watch v. Dept of Energy, 412 F.3d 125 (D.C. Cir. 2005), the D.C. Circuit held that the deliberations of a presidential advisory group could be protected from disclosure under Exemption 5, even thought the group, whose 'sole function was to advise and assist the President,' was not an 'agency' subject to FOIA." Nichols observed that "following this precedent, courts in this District have concluded that documents exchanged between an Executive Branch agency and the President and his close advisors qualify as inter-agency or intra-agency memorandums or letters. The Court will do the same here, and holds that the Automotive Report meets the threshold requirement of being an inter-agency or intra-agency memorandum or letter under Exemption 5 of the FOIA." Cause of Action asserted that the presidential communication privilege was grounded in the President's Article II duties and did not apply to congressional requirements. But Nichols pointed out that "the D.C. Circuit has consistently cautioned that limiting the protection of the presidential communications privilege to only 'quintessential and nondelegable Presidential power. . .draws an arbitrary line.' Courts in this district have therefore consistently refused to narrow the scope of the privilege to only communications relating to the President's exercise of core Article II powers." Cause of Action also argued that because the report must be published at some time, the President cannot have any interest in keeping it confidential. Nichols observed that "this argument, however, ignores the President's strong short-term interest in keeping the Report confidential while the U.S. Trade Representative continues negotiations and the President continues to consider other options to deal with the national security threat." Finally, Cause of Action claimed the government had waived any privileges by disclosing the contents of the report as part of the presidential proclaim. Nichols indicated that "an agency may waive its right to claim a FOIA exemption over information already in the public domain. But the mere fact that similar information is already available to the public does 'not necessarily mean that official disclosure will not cause harm' that the FOIA exemptions seek to prevent." He pointed out that "the government waived the presidential communications privilege as to those portions of the Report that are directly quoted in the President's Proclamation. But as to the remainder of the Report. . .the presidential proclamation's brief summary of the findings and recommendations in the Report were not made in the same terms that match exactly the unredacted information contained in the Report."
Issues: Exemption 5 - Privileges

Date Filed	Doc #	Docket Text
2019-03-20	1	COMPLAINT against Dep't of Commerce against Cause of Action Institute ( Filing fee $ 400 receipt number 0090-6012230) filed by Cause of Action Institute. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Civil Cover Sheet, # 5 Summons, # 6 Summons, # 7 Summons)(Valvo, Russel) (Attachment 4 replaced on 3/21/2019) (zef, ). (Entered: 03/20/2019)
2019-03-20	2	LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by Cause of Action Institute (Valvo, Russel) (Entered: 03/20/2019)
2019-03-20	3	NOTICE of Appearance by Lee A. Steven on behalf of Cause of Action Institute (Steven, Lee) (Entered: 03/20/2019)
2019-03-21		Case Assigned to Judge Randolph D. Moss. (zef, ) (Entered: 03/21/2019)
2019-03-21	4	SUMMONS (3) Issued Electronically as to UNITED STATES DEPARTMENT OF COMMERCE, U.S. Attorney and U.S. Attorney General. (Attachments: # 1 Notice and Consent)(zef, ) (Entered: 03/21/2019)
2019-03-22	5	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 3/21/2019. (Valvo, Russel) (Entered: 03/22/2019)
2019-03-22	6	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 3/21/2019. Answer due for ALL FEDERAL DEFENDANTS by 4/20/2019. (Valvo, Russel) (Entered: 03/22/2019)
2019-03-22	7	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES DEPARTMENT OF COMMERCE served on 3/21/2019 (Valvo, Russel) (Entered: 03/22/2019)
2019-03-22	8	STANDING 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 3/22/2019. (lcrdm3, ) (Entered: 03/22/2019)
2019-04-22	9	ANSWER to Complaint by UNITED STATES DEPARTMENT OF COMMERCE.(Hendry, Melanie) (Entered: 04/22/2019)
2019-04-22		MINUTE ORDER: The parties are hereby ORDERED to appear for an Initial Scheduling Conference on June 3, 2019, at 10:00 a.m. in Courtroom 21. It is further ORDERED that the parties shall confer in advance of the Initial Scheduling Conference on (1) whether any records can be released, and (2) the proper next steps in this litigation. Signed by Judge Randolph D. Moss on 4/22/2019. (lcrdm3, ) (Entered: 04/22/2019)
2019-04-23		Set/Reset Hearings: Initial Scheduling Conference set for 6/3/2019, at 10:00 AM, in Courtroom 21, before Judge Randolph D. Moss. (kt) (Entered: 04/23/2019)
2019-05-23	10	Consent MOTION to Continue Initial Scheduling Conference by UNITED STATES DEPARTMENT OF COMMERCE (Hendry, Melanie) (Entered: 05/23/2019)
2019-05-24		MINUTE ORDER: Upon consideration of Defendant's consent motion to continue initial scheduling conference 10 , it is hereby ORDERED that the motion is GRANTED. The status conference set for June 3, 2019 is hereby VACATED and RESCHEDULED for June 17, 2019 at 11:00 a.m. in Courtroom 21. Signed by Judge Randolph D. Moss on 5/24/2019. (lcrdm3, ) (Entered: 05/24/2019)
2019-05-24		Set/Reset Hearings: The Initial Scheduling Conference set for 6/3/2019 is VACATED and RESCHEDULED for 6/17/2019, at 11:00 AM, in Courtroom 21, before Judge Randolph D. Moss. (kt) (Entered: 05/24/2019)
2019-06-17		Minute Entry for proceedings held before Judge Randolph D. Moss: Initial Scheduling Conference held on 6/17/2019. Defendant's Motion for Summary Judgment due by 7/22/2019; Plaintiff's Opposition and Cross Motion for Summary Judgment due by 8/5/2019; Reply to Summary Judgment and Response to Cross Motion due by 8/19/2019; Reply to Cross Motion due by 8/26/2019. (Court Reporter: Janice Dickman.) (kt) (Entered: 06/17/2019)
2019-06-24	11	NOTICE of Appearance by Ryan Patrick Mulvey on behalf of CAUSE OF ACTION INSTITUTE (Mulvey, Ryan) (Entered: 06/24/2019)
2019-06-24		Case directly reassigned to Judge Carl J. Nichols. Judge Randolph D. Moss is no longer assigned to the case. (rj) (Entered: 06/24/2019)
2019-07-19	12	MOTION for Extension of Time to File Summary Judgment Motion by UNITED STATES DEPARTMENT OF COMMERCE (Hendry, Melanie) (Entered: 07/19/2019)
2019-07-19	13	Memorandum in opposition to re 12 MOTION for Extension of Time to File Summary Judgment Motion filed by CAUSE OF ACTION INSTITUTE. (Valvo, Russel) (Entered: 07/19/2019)
2019-07-24		MINUTE ORDER. The Court has received Defendant's 12 Motion for an Extension of Time. The Court notes that Defendant's Motion fails to comply with paragraph 12 of the Standing Order 8 entered on March 22, 2019. It is nevertheless ORDERED that the Motion is GRANTED and that the deadlines (1) for Defendant's Summary Judgement Motion is extended to July 22, 2019; (2) for Plaintiff's Opposition and Cross-Motion is extended to August 5, 2019; (3) for Defendant's Opposition and Reply is extended to August 19, 2019; and (4) for Plaintiff's Reply is extended to August 26, 2019. The Court notes that future motions seeking to extend the briefing schedule will be disfavored. Signed by Judge Carl J. Nichols on July 24, 2019. (lccjn1) (Entered: 07/24/2019)
2019-07-24		Set/Reset Deadlines/Hearings: Defendant's Summary Judgment motion due by 7/22/2019. Response to Motion for Summary Judgment due by 8/5/2019. Reply to Motion for Summary Judgment due by 8/19/2019. Plaintiff's Cross Motion due by 8/5/2019. Response to Cross Motion due by 8/19/2019. Reply to Cross Motions due by 8/26/2019. (zcdw) (Entered: 07/29/2019)
2019-07-30	14	Joint MOTION for Briefing Schedule , to update existing schedule by CAUSE OF ACTION INSTITUTE (Valvo, Russel) (Entered: 07/30/2019)
2019-07-31		MINUTE ORDER. Upon consideration of the Parties' 14 Joint Motion to Update Deadlines, it is hereby ORDERED that the deadlines (1) for Defendant's Summary Judgment Motion is extended to August 12, 2019; (2) for Plaintiff's Opposition and Cross-Motion is extended to August 26, 2019; (3) for Defendant's Opposition and Reply is extended to September 9, 2019; and (4) for Plaintiff's Reply is extended to September 16, 2019. Signed by Judge Carl J. Nichols on July 31, 2019. (lccjn1) (Entered: 07/31/2019)
2019-08-01		Set/Reset Deadlines: Defendant Summary Judgment Motion due by 8/12/2019. Plaintiff Opposition And Cross-Motion due by 8/26/2019. Defendant Opposition And Reply due by 09/09/2019. Plaintiff Reply due by 9/16/2019. (mac) (Entered: 08/01/2019)
2019-08-06	15	MOTION for Extension of Time to File Summary Judgment Motion by UNITED STATES DEPARTMENT OF COMMERCE (Hendry, Melanie) (Entered: 08/06/2019)
2019-08-06	16	Memorandum in opposition to re 15 MOTION for Extension of Time to File Summary Judgment Motion filed by CAUSE OF ACTION INSTITUTE. (Valvo, Russel) (Entered: 08/06/2019)
2019-08-07	17	NOTICE OF SUBSTITUTION OF COUNSEL by John Moustakas on behalf of UNITED STATES DEPARTMENT OF COMMERCE Substituting for attorney Melanie Hendry (Moustakas, John) (Entered: 08/07/2019)
2019-08-14	18	ENTERED IN ERROR.....MOTION for Order to Show Cause as to Why Defendant Should Not Be Held in Contempt and Sanctioned , MOTION to Expedite Motion for Order to Show Cause by CAUSE OF ACTION INSTITUTE (Attachments: # 1 Text of Proposed Order)(Mulvey, Ryan) Modified on 8/14/2019 (jf). (Entered: 08/14/2019)
2019-08-14		NOTICE OF CORRECTED DOCKET ENTRY: Document No. re 18 MOTION for Order to Show Cause as to Why Defendant Should Not Be Held in Contempt and Sanctioned MOTION to Expedite Motion for Order to Show Cause was entered in error at the request of counsel and will be refiled. (jf) (Entered: 08/14/2019)
2019-08-14	19	MOTION for Order to Show Cause as to Why Defendant Should Not Be Held in Contempt and Sanctioned , MOTION to Expedite Motion for Order to Show Cause by CAUSE OF ACTION INSTITUTE (Attachments: # 1 Text of Proposed Order)(Mulvey, Ryan) (Entered: 08/14/2019)
2019-08-15		MINUTE ORDER. Upon consideration of Defendant's 15 Motion for an Extension of Time, it is hereby ORDERED that the Motion is GRANTED and that the deadlines (1) for Defendant's Summary Judgment Motion is extended to August 19, 2019; (2) for Plaintiff's Opposition and Cross-Motion is extended to September 3, 2019; (3) for Defendant's Opposition and Reply is extended to September 17, 2019; and (4) for Plaintiff's Reply is extended to September 24, 2019. Although the Court has granted this extension, the Court reemphasizes that future motions seeking to extend the briefing schedule will be disfavored. Signed by Judge Carl J. Nichols on August 15, 2019. (lccjn1) (Entered: 08/15/2019)
2019-08-15		Set/Reset Deadlines: Defendant's Summary Judgment Motion due by 8/19/2019. Plaintiff's Opposition And Cross-Motion due by 9/3/2019. Defendant's Opposition And Reply due by 9/17/2019. Plaintiff's Reply due by 9/24/2019. (mac) (Entered: 08/15/2019)
2019-08-19	20	MOTION for Summary Judgment by UNITED STATES DEPARTMENT OF COMMERCE (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Exhibit A, # 4 Text of Proposed Order)(Moustakas, John) (Entered: 08/19/2019)
2019-08-21	21	Memorandum in opposition to re 19 MOTION for Order to Show Cause as to Why Defendant Should Not Be Held in Contempt and Sanctioned MOTION to Expedite Motion for Order to Show Cause filed by UNITED STATES DEPARTMENT OF COMMERCE. (Attachments: # 1 Exhibit 1)(Moustakas, John) (Entered: 08/21/2019)
2019-08-22	22	REPLY to opposition to motion re 19 MOTION for Order to Show Cause as to Why Defendant Should Not Be Held in Contempt and Sanctioned MOTION to Expedite Motion for Order to Show Cause filed by CAUSE OF ACTION INSTITUTE. (Mulvey, Ryan) (Entered: 08/22/2019)
2019-09-03	23	Memorandum in opposition to re 20 MOTION for Summary Judgment filed by CAUSE OF ACTION INSTITUTE. (Attachments: # 1 Statement of Facts Pl.'s Resp. to Def.'s SUMF, # 2 Statement of Facts Pl.'s SUMF, # 3 Declaration Valvo Decl., # 4 Text of Proposed Order)(Valvo, Russel) (Entered: 09/03/2019)
2019-09-03	24	Cross MOTION for Summary Judgment by CAUSE OF ACTION INSTITUTE (Attachments: # 1 Statement of Facts Pl.'s Resp. to Def.'s SUMF, # 2 Statement of Facts Pl.'s SUMF, # 3 Declaration Valvo Decl., # 4 Text of Proposed Order)(Valvo, Russel) (Entered: 09/03/2019)
2019-09-17	25	Memorandum in opposition to re 24 Cross MOTION for Summary Judgment and Reply in Support of Defendant's Motion for Summary Judgment filed by UNITED STATES DEPARTMENT OF COMMERCE. (Attachments: # 1 Statement of Facts)(Moustakas, John) (Entered: 09/17/2019)
2019-09-17	26	REPLY to opposition to motion re 20 MOTION for Summary Judgment filed by UNITED STATES DEPARTMENT OF COMMERCE. (Attachments: # 1 Statement of Facts)(Moustakas, John) (Entered: 09/17/2019)
2019-09-24	27	REPLY to opposition to motion re 24 Cross MOTION for Summary Judgment filed by CAUSE OF ACTION INSTITUTE. (Mulvey, Ryan) (Entered: 09/24/2019)
2019-10-31	28	NOTICE of Change of Address by Lee A. Steven (Steven, Lee) (Entered: 10/31/2019)
2019-11-07		MINUTE ORDER. Upon review of Defendant's 20 Motion for Summary Judgment and Plaintiff's 24 Cross-Motion for Summary Judgment, it is hereby ORDERED that a hearing on the Motions is set for November 21, 2019, at 2:00 PM in Courtroom 19. Signed by Judge Carl J. Nichols on November 7, 2019. (lccjn3) (Entered: 11/07/2019)
2019-11-07		Set/Reset Hearings: Hearing On Motions set for 11/21/2019 at 2:00 PM in Courtroom 19 before Judge Carl J. Nichols. (mac) (Entered: 11/07/2019)
2019-11-13		MINUTE ORDER. It is hereby ORDERED that the hearing on the Motions is rescheduled for November 21, 2019, at 9:30 AM in Courtroom 19. Signed by Judge Carl J. Nichols on November 13, 2019. (lccjn3) (Entered: 11/13/2019)
2019-11-13		Set/Reset Deadlines/Hearings: Motion Hearing set for 11/21/2019 at 9:30 AM in Courtroom 19 before Judge Carl J. Nichols. (zcdw) (Entered: 11/13/2019)
2019-11-21		Minute Entry for proceedings held before Judge Carl J. Nichols: Motion Hearing held on 11/21/2019 In Regards To 20 Motion for Summary Judgment And 24 Cross Motion for Summary Judgment. The Court Will Take This Matter Under Advisement. (Court Reporter ELIZABETH SAINT-LOTH.) (mac) (Entered: 11/21/2019)
2019-12-09	29	TRANSCRIPT OF PROCEEDINGS, before Judge Carl J. Nichols, held on 11-21-2019. Page Numbers: 1 - 43. Date of Issuance: 12-09-2019. Court Reporter: Elizabeth SaintLoth, Telephone number: 202-354-3242. Transcripts may be ordered by submitting the Transcript Order Form For the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter. NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 12/30/2019. Redacted Transcript Deadline set for 1/9/2020. Release of Transcript Restriction set for 3/8/2020.(Saint-Loth, Elizabeth) (Entered: 12/09/2019)
2019-12-11		MINUTE ORDER. In light of the November 21, 2019 Hearing, it is hereby ordered that on or before December 20, 2019, the Parties shall file a Joint Status Report of not more than five pages that discusses any subsequent legislative updates relating to the Commerce Report at issue. Signed by Judge Carl J. Nichols on December 11, 2019. (lccjn3) (Entered: 12/11/2019)
2019-12-11		Set/Reset Deadlines/Hearings: Joint Status Report due by 12/20/2019. (zcdw) (Entered: 12/11/2019)
2019-12-20	30	Joint STATUS REPORT by CAUSE OF ACTION INSTITUTE. (Mulvey, Ryan) (Entered: 12/20/2019)
2019-12-23		MINUTE ORDER. In light of the Parties' 30 Joint Status Report, it is hereby ORDERED that the Parties shall submit an additional Joint Status Report on or before January 27, 2020. Signed by Judge Carl J. Nichols on December 23, 2019. (lccjn3) (Entered: 12/23/2019)
2019-12-23		Set/Reset Deadlines/Hearings: Joint Status Report due by 1/27/2020. (zcdw) (Entered: 12/23/2019)
2020-01-27	31	Joint STATUS REPORT by CAUSE OF ACTION INSTITUTE. (Attachments: # 1 Exhibit Jan. 17, 2020 OLC Opinion)(Mulvey, Ryan) (Entered: 01/27/2020)
2020-01-29		MINUTE ORDER. Upon review of the Parties' 31 Joint Status Report, it is hereby ORDERED that a hearing is set for February 6, 2020 at 3:00 PM in Courtroom 19. Signed by Judge Carl J. Nichols on January 29, 2020. (lccjn3) (Entered: 01/29/2020)
2020-01-29		Set/Reset Deadlines/Hearings: Hearing re 31 Joint Status Report set for 2/6/2020 at 3:00 PM in Courtroom 19 before Judge Carl J. Nichols. (zcdw) (Entered: 01/30/2020)
2020-02-06		Minute Entry for proceedings held before Judge Carl J. Nichols: Hearing re 31 Joint Status Report held on 2/6/2020. Defendant directed to submit to the Court for in camera ex parte review, the report containing classified information. Defendant shall submit the report, or an explanation for non-submission by 2/14/2020. Plaintiff directed to file a supplemental brief by 2/28/2020. Plaintiff's brief shall be limited to 20 pages. The defendant shall file a response to plaintiff's brief by 3/13/2020. Defendant's response shall be limited to 20 pages. If the plaintiff finds an amicus or amici that would like to support its position, the amicus or amici brief shall be filed by 3/6/2020. The amicus or amici briefs shall be limited to 20 pages. The defendant's response to amicus or amici briefs shall be due 14 days thereafter. (Court Reporter: Janice Dickman.) (zcdw) (Entered: 02/10/2020)
2020-02-10	32	TRANSCRIPT OF PROCEEDINGS before Judge Carl J. Nichols held on February 6, 2020; Page Numbers: 1-50. Date of Issuance:February 10, 2020. Court Reporter: Janice Dickman, Telephone number: 202-354-3267, Transcripts may be ordered by submitting the Transcript Order Form For the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced a bove. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter. NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 3/2/2020. Redacted Transcript Deadline set for 3/12/2020. Release of Transcript Restriction set for 5/10/2020.(Dickman, Janice) (Entered: 02/10/2020)
2020-02-14	33	Unopposed MOTION for Extension of Time to Submit Report for In Camera Review or to Object by UNITED STATES DEPARTMENT OF COMMERCE (Moustakas, John) (Entered: 02/14/2020)
2020-02-18		MINUTE ORDER. Upon review of Defendant's 33 Motion for Extension of Time, it is hereby ORDERED that the Motion is GRANTED and that on or before February 21, 2020, Defendant shall either submit a copy of the Report for ex parte in camera review or explain why it is unwilling to do so. Signed by Judge Carl J. Nichols on February 18, 2020. (lccjn3) (Entered: 02/18/2020)
2020-02-18		Set/Reset Deadlines/Hearings: Defendant's copy of the Report for ex parte in camera review or explanation due by 2/21/2020. (zcdw) (Entered: 02/19/2020)
2020-02-21	34	NOTICE OF EX PARTE SUBMISSION FOR IN CAMERA REVIEW by UNITED STATES DEPARTMENT OF COMMERCE (Moustakas, John) (Entered: 02/21/2020)
2020-02-28	35	Unopposed MOTION for Leave to File Amicus Curiae Brief by Pat Toomey (Attachments: # 1 Proposed Order)(Prywes, Daniel) (Entered: 02/28/2020)
2020-02-28	36	SUPPLEMENTAL MEMORANDUM to re 24 Cross MOTION for Summary Judgment , 20 MOTION for Summary Judgment filed by CAUSE OF ACTION INSTITUTE. (Mulvey, Ryan) (Entered: 02/28/2020)
2020-03-02		MINUTE ORDER. Upon review of the 35 Unopposed Motion of U.S. Senator Pat Toomey for Leave to File an Amicus Curiae Brief, and for good cause shown, it is hereby ORDERED that the Motion is GRANTED and that the Brief shall be filed on or before March 6, 2020. Signed by Judge Carl J. Nichols on March 2, 2020. (lccjn3) (Entered: 03/02/2020)
2020-03-06	37	AMICUS BRIEF re 24 Cross MOTION for Summary Judgment filed by CAUSE OF ACTION INSTITUTE, Order on Motion for Leave to File, 36 Supplemental Memorandum filed by CAUSE OF ACTION INSTITUTE, 20 MOTION for Summary Judgment filed by UNITED STATES DEPARTMENT OF COMMERCE by Pat Toomey. (Prywes, Daniel) Modified event title on 3/13/2020 (znmw). (Entered: 03/06/2020)
2020-03-06	40	ENTERED IN ERROR.....AMICUS BRIEF by PAT TOOMEY. (See Docket Entry 37 to view document). (eg) Modified on 3/17/2020 (znmw). (Entered: 03/13/2020)
2020-03-11	38	MOTION for Extension of Time to File Response/Reply to Supplemental Briefing by UNITED STATES DEPARTMENT OF COMMERCE (Moustakas, John) (Entered: 03/11/2020)
2020-03-12	39	Memorandum in opposition to re 38 MOTION for Extension of Time to File Response/Reply to Supplemental Briefing filed by CAUSE OF ACTION INSTITUTE. (Mulvey, Ryan) (Entered: 03/12/2020)
2020-03-12		MINUTE ORDER. Upon review of Defendant's 38 Motion for Extension of Time, it is hereby ORDERED that the Motion is GRANTED and that Defendant shall file a consolidated Response to Plaintiff's 36 Supplemental Brief and Amici's 37 Brief in Support of Plaintiff on or before April 6, 2020. Absent extraordinary circumstances, any further motions by Defendant seeking extensions will be denied. Signed by Judge Carl J. Nichols on March 12, 2020. (lccjn3) (Entered: 03/12/2020)
2020-03-12		MINUTE ORDER. Upon review of Plaintiff's 19 Motion for Order to Show Cause as to Why Defendants Should Not be Held in Contempt and Sanctioned and 19 Motion for Expedited Consideration, it is hereby ordered that the Motion for Order to Show Cause is DENIED and the Motion for Expedited Consideration shall be terminated as moot. Signed by Judge Carl J. Nichols on March 12, 2020. (lccjn3). (Entered: 03/12/2020)
2020-03-12		Set/Reset Deadlines/Hearings: Response to 36 and 37 due by 4/6/2020. (zcdw) (Entered: 03/12/2020)
2020-04-03	41	MOTION for Extension of Time to File Supplemental Brief and Response to Plaintiff's and Amici's Supplemental Briefs in Support of Summary Judgment by UNITED STATES DEPARTMENT OF COMMERCE (Moustakas, John) (Entered: 04/03/2020)
2020-04-06		MINUTE ORDER. Upon review of Defendant's 41 Motion for Extension of Time, and considering the extraordinary circumstances posed by COVID-19, it is hereby ORDERED that the Motion is GRANTED and that Defendant shall file its consolidated Response to Plaintiff's 36 Supplemental Brief and Amici's 37 Brief in Support of Plaintiff on or before April 27, 2020. Signed by Judge Carl J. Nichols on April 6, 2020. (lccjn3) (Entered: 04/06/2020)
2020-04-23	42	MOTION for Extension of Time to File Response/Reply to Plaintiff's/Amici's Cross-Motion for Summary Judgment. et al by UNITED STATES DEPARTMENT OF COMMERCE (Moustakas, John) (Entered: 04/23/2020)
2020-04-23	43	Memorandum in opposition to re 42 MOTION for Extension of Time to File Response/Reply to Plaintiff's/Amici's Cross-Motion for Summary Judgment. et al filed by CAUSE OF ACTION INSTITUTE. (Mulvey, Ryan) (Entered: 04/23/2020)
2020-04-27		MINUTE ORDER. Upon review of Defendants 42 Motion for Extension of Time, it is hereby ORDERED that the Motion is GRANTED IN PART and that Defendant shall file its consolidated Response to Plaintiff's 36 Supplemental Brief and Amici's 37 Brief in Support of Plaintiff on or before May 4, 2020. Signed by Judge Carl J. Nichols on April 27, 2020. (lccjn3) (Entered: 04/27/2020)
2020-05-04	44	SUPPLEMENTAL MEMORANDUM to Defendant's Motion for Summary Judgment filed by UNITED STATES DEPARTMENT OF COMMERCE. (Moustakas, John) (Entered: 05/04/2020)
2020-05-11	45	NOTICE OF EX PARTE SUBMISSION FOR IN CAMERA REVIEW by UNITED STATES DEPARTMENT OF COMMERCE (Moustakas, John) (Entered: 05/11/2020)
2020-07-15	46	NOTICE OF SUPPLEMENTAL AUTHORITY by CAUSE OF ACTION INSTITUTE (Attachments: # 1 Exhibit Transpacific Steel LLC v. United States, No. 19-00009 (Ct. Int'l Trade July 14, 2020))(Mulvey, Ryan) (Entered: 07/15/2020)
2020-07-30	47	RESPONSE re 46 to Plaintiff's Notice of Supplemental Authority filed by UNITED STATES DEPARTMENT OF COMMERCE. (Moustakas, John) Modified to add link on 8/3/2020 (znmw). (Entered: 07/30/2020)
2021-01-14	48	ORDER granting Defendant's 20 Motion for Summary Judgment and denying Plaintiff's 24 Motion for Summary Judgment. Signed by Judge Carl J. Nichols on January 14, 2021. (lccjn1) (Entered: 01/14/2021)
2021-01-14	49	MEMORANDUM AND OPINION. Signed by Judge Carl J. Nichols on January 14, 2021. (lccjn1) (Entered: 01/14/2021)
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