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Case TitlePROTECT DEMOCRACY PROJECT, INC. v. UNITED STATES POSTAL SERVICE
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2020cv02214
Date Filed2020-08-12
Date Closed2021-01-15
JudgeJudge Trevor N. McFadden
PlaintiffPROTECT DEMOCRACY PROJECT, INC.
Case DescriptionProtect Democracy Foundation Project submitted two FOIA requests to U.S. Postal Service for records concerning the agency's preparations for the anticipated surge in voting by mail. PDFP also requested expedited processing and a fee waiver. The agency acknowledged receipt of the requests. The agency denied PDFP's request for expedited processing but granted its request for a fee waiver. The agency told PDFP that subparts of its request were too broad to search. The agency also told PDFP that it had found a handful of responsive records and was withholding a two-page memo under Exemption 5 (privileges) and had redacted personally identifying information under Exemption 6 (invasion of privacy). PDFP then suit.
Complaint issues: Failure to respond within statutory time limit, Expedited processing, Litigation - Attorney's fees

DefendantUNITED STATES POSTAL SERVICE
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
Complaint attachment 9
Complaint attachment 10
Complaint attachment 11
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text
2020-08-121COMPLAINT against UNITED STATES POSTAL SERVICE ( Filing fee $ 400 receipt number ADCDC-7453952) filed by PROTECT DEMOCRACY PROJECT, INC.. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Summons to USPS, # 10 Summons to US Attorney for DC, # 11 Summons to US Attorney General)(Schwartztol, Laurence) (Entered: 08/12/2020)
2020-08-122LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by PROTECT DEMOCRACY PROJECT, INC. (Schwartztol, Laurence) (Entered: 08/12/2020)
2020-08-123WITHDRAWN PURSUANT TO NOTICE FILED 09/11/2020.....MOTION for Preliminary Injunction by PROTECT DEMOCRACY PROJECT, INC. (Attachments: # 1 Memorandum in Support, # 2 Declaration of Laurence M. Schwartztol, # 3 Exhibit A, # 4 Exhibit B, # 5 Exhibit C, # 6 Exhibit D, # 7 Exhibit E, # 8 Exhibit F, # 9 Exhibit G, # 10 Exhibit H, # 11 Text of Proposed Order)(Schwartztol, Laurence) Modified on 9/14/2020 (eg). (Entered: 08/12/2020)
2020-08-13Case assigned to Judge Trevor N. McFadden. (zmc) (Entered: 08/13/2020)
2020-08-134SUMMONS (3) Issued Electronically as to UNITED STATES POSTAL SERVICE, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(zmc) (Entered: 08/13/2020)
2020-08-135MOTION for Leave to Appear Pro Hac Vice :Attorney Name- David S. Frankel, Filing fee $ 100, receipt number ADCDC-7460803. Fee Status: Fee Paid. by PROTECT DEMOCRACY PROJECT, INC. (Attachments: # 1 Declaration of David S. Frankel, # 2 Text of Proposed Order)(Schwartztol, Laurence) (Entered: 08/13/2020)
2020-08-136MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Harry P. Morgenthau, Filing fee $ 100, receipt number ADCDC-7460951. Fee Status: Fee Paid. by PROTECT DEMOCRACY PROJECT, INC. (Attachments: # 1 Declaration of Harry P. Morgenthau, # 2 Text of Proposed Order)(Schwartztol, Laurence) (Entered: 08/13/2020)
2020-08-13MINUTE ORDER. On August 12, 2020, Plaintiff filed a 3 Motion for Preliminary Injunction, invoking Local Civil Rule 65.1(d). Plaintiff shall file proof of service of the 1 Complaint on or before August 18, 2020. Defendant shall respond to the 3 Motion for Preliminary Injunction within seven days after service of the 3 Motion. LCvR 65.1(c). Plaintiff shall file its reply, if any, within three days after service of Defendant's response or on August 27, 2020, whichever is earlier. The parties shall appear for a hearing on the 3 Motion for Preliminary Injunction on September 2, 2020, at 10:00 a.m., before Judge Trevor N. McFadden. The hearing will take place by telephone. Dial-in information will be emailed to counsel. SO ORDERED. Signed by Judge Trevor N. McFadden on 8/13/2020. (lctnm2) (Entered: 08/13/2020)
2020-08-13MINUTE ORDER granting the 5 and 6 Motions for Leave to Appear Pro Hac Vice. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). Click for instructions . Signed by Judge Trevor N. McFadden on 8/13/2020. (lctnm2) (Entered: 08/13/2020)
2020-08-137STANDING ORDER Establishing Procedures for Cases Before Judge Trevor N. McFadden. The parties are hereby ORDERED to read and comply with the directives in the attached standing order. Signed by Judge Trevor N. McFadden on 8/13/2020. (lctnm2) (Entered: 08/13/2020)
2020-08-14Set/Reset Deadlines/Hearings: Plaintiff's proof of service due by 8/18/2020. Plaintiff's reply due by 8/27/2020. Telephonic Motion Hearing set for 9/2/2020 at 10:00 AM before Judge Trevor N. McFadden. (hmc) (Entered: 08/14/2020)
2020-08-178NOTICE of Appearance by David Stanley Frankel on behalf of PROTECT DEMOCRACY PROJECT, INC. (Frankel, David) (Entered: 08/17/2020)
2020-08-179NOTICE of Appearance by Harry Pattridge Morgenthau on behalf of PROTECT DEMOCRACY PROJECT, INC. (Morgenthau, Harry) (Entered: 08/17/2020)
2020-08-1710RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 8/17/2020. Answer due for ALL FEDERAL DEFENDANTS by 9/16/2020. (Morgenthau, Harry) (Entered: 08/17/2020)
2020-08-1711RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 08/17/2020. (Morgenthau, Harry) (Entered: 08/17/2020)
2020-08-1712RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES POSTAL SERVICE served on 8/17/2020 (Morgenthau, Harry) (Entered: 08/17/2020)
2020-08-2413Memorandum in opposition to re 3 MOTION for Preliminary Injunction filed by UNITED STATES POSTAL SERVICE. (Attachments: # 1 Exhibit, # 2 Declaration, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit)(Sandberg, Justin) (Entered: 08/24/2020)
2020-08-2714REPLY to Opposition re 3 MOTION for Preliminary Injunction filed by PROTECT DEMOCRACY PROJECT, INC.. (Frankel, David) Modified event title on 9/1/2020 (znmw). (Entered: 08/27/2020)
2020-09-01MINUTE ORDER. The parties shall take notice that the hearing on Plaintiff's 3 Motion for Preliminary Injunction scheduled for September 2, 2020, is hereby converted to a Status Conference, to take place on September 2, 2020, at 10:00 a.m., before Judge Trevor N. McFadden. The conference will take place by telephone. Dial-in information has been emailed to counsel and will remain the same. SO ORDERED. Signed by Judge Trevor N. McFadden on 9/1/2020. (lctnm2) (Entered: 09/01/2020)
2020-09-01Set/Reset Hearings: Motion Hearing converted to Status Conference, set for 9/2/2020 at 10:00 AM before Judge Trevor N. McFadden. (zhmc) (Entered: 09/01/2020)
2020-09-02Minute Entry for proceedings held before Judge Trevor N. McFadden: Telephonic Status Conference held on 9/2/2020. A Joint Status Report regarding the status on negotiations is due on or before 9/9/2020. (Court Reporter Cathrynn Jones.) (ztg) (Entered: 09/02/2020)
2020-09-0915Joint STATUS REPORT by UNITED STATES POSTAL SERVICE. (Sandberg, Justin) (Entered: 09/09/2020)
2020-09-10MINUTE ORDER. Upon consideration of the 15 Joint Status Report, it is hereby ORDERED that the parties shall file their next Joint Status Report on or before September 16, 2020. SO ORDERED. Signed by Judge Trevor N. McFadden on 9/10/2020. (lctnm2) (Entered: 09/10/2020)
2020-09-10Set/Reset Deadlines: Joint Status Report due by 9/16/2020. (hmc) (Entered: 09/10/2020)
2020-09-1116NOTICE OF WITHDRAWAL OF MOTION by PROTECT DEMOCRACY PROJECT, INC. re 3 MOTION for Preliminary Injunction (Frankel, David) (Entered: 09/11/2020)
2020-09-1617ANSWER to Complaint by UNITED STATES POSTAL SERVICE.(Sandberg, Justin) (Entered: 09/16/2020)
2020-09-1618Joint STATUS REPORT by UNITED STATES POSTAL SERVICE. (Sandberg, Justin) (Entered: 09/16/2020)
2020-09-16MINUTE ORDER. Upon consideration of the 18 Joint Status Report, it is hereby ORDERED that the parties shall file a further Joint Status Report on or before September 23, 2020. SO ORDERED. Signed by Judge Trevor N. McFadden on 9/16/2020. (lctnm2) (Entered: 09/16/2020)
2020-09-16Set/Reset Deadlines: Joint Status Report due by 9/23/2020. (hmc) (Entered: 09/16/2020)
2020-09-2319Joint STATUS REPORT by UNITED STATES POSTAL SERVICE. (Sandberg, Justin) (Entered: 09/23/2020)
2020-09-24MINUTE ORDER. Upon consideration of the 19 Joint Status Report, it is hereby ORDERED that the parties shall file a further Joint Status Report on or before September 30, 2020. SO ORDERED. Signed by Judge Trevor N. McFadden on 9/24/2020. (lctnm2) (Entered: 09/24/2020)
2020-09-24Set/Reset Deadlines: Joint Status Report due by 9/30/2020. (hmc) (Entered: 09/24/2020)
2020-09-3020Joint STATUS REPORT by UNITED STATES POSTAL SERVICE. (Sandberg, Justin) (Entered: 09/30/2020)
2020-10-01MINUTE ORDER. Upon consideration of the 20 Joint Status Report, it is hereby ORDERED that the parties shall file a further Joint Status Report on or before October 14, 2020. SO ORDERED. Signed by Judge Trevor N. McFadden on 10/1/2020. (lctnm2) (Entered: 10/01/2020)
2020-10-01Set/Reset Deadlines: Joint Status Report due by 10/14/2020. (ztg) (Entered: 10/01/2020)
2020-10-1421Joint STATUS REPORT by UNITED STATES POSTAL SERVICE. (Sandberg, Justin) (Entered: 10/14/2020)
2020-10-15MINUTE ORDER: Upon consideration of the parties' 21 Joint Status Report, the parties shall submit the next Joint Status Report on or before 10/23/2020. SO ORDERED. Signed by Judge Trevor N. McFadden on 10/15/2020. (lctnm2) (Entered: 10/15/2020)
2020-10-15Set/Reset Deadlines: Joint Status Report due by 10/23/2020. (hmc) (Entered: 10/15/2020)
2020-10-2322Joint STATUS REPORT by UNITED STATES POSTAL SERVICE. (Sandberg, Justin) (Entered: 10/23/2020)
2020-10-26MINUTE ORDER: Upon consideration of the parties' 22 Joint Status Report, the parties shall submit the next Joint Status Report on or before 11/6/2020. SO ORDERED. Signed by Judge Trevor N. McFadden on 10/26/2020. (lctnm2) (Entered: 10/26/2020)
2020-10-26Set/Reset Deadlines: Joint Status Report due by 11/6/2020. (hmc) (Entered: 10/26/2020)
2020-11-0623Joint STATUS REPORT by UNITED STATES POSTAL SERVICE. (Sandberg, Justin) (Entered: 11/06/2020)
2020-11-06MINUTE ORDER: Upon consideration of the parties' 23 Joint Status Report, the parties shall submit the next Joint Status Report on or before 11/20/2020. SO ORDERED. Signed by Judge Trevor N. McFadden on 11/6/2020. (lctnm2) (Entered: 11/06/2020)
2020-11-09Set/Reset Deadlines: Joint Status Report due by 11/20/2020. (hmc) (Entered: 11/09/2020)
2020-11-2024Joint STATUS REPORT by UNITED STATES POSTAL SERVICE. (Sandberg, Justin) (Entered: 11/20/2020)
2020-11-20MINUTE ORDER: Upon consideration of the parties' 24 Joint Status Report, the parties shall submit the next Joint Status Report on or before 12/11/2020. SO ORDERED. Signed by Judge Trevor N. McFadden on 11/20/2020. (lctnm2) (Entered: 11/20/2020)
2020-11-23Set/Reset Deadlines: Joint Status Report due by 12/11/2020. (hmc) (Entered: 11/23/2020)
2020-12-1125Joint STATUS REPORT by UNITED STATES POSTAL SERVICE. (Sandberg, Justin) (Entered: 12/11/2020)
2020-12-11MINUTE ORDER: Upon consideration of the parties' 25 Joint Status Report, the parties shall submit the next Joint Status Report on or before January 15, 2021. SO ORDERED. Signed by Judge Trevor N. McFadden on 12/11/2020. (lctnm2) (Entered: 12/11/2020)
2020-12-14Set/Reset Deadlines: Joint Status Report due by 1/15/2021. (hmc) (Entered: 12/14/2020)
2021-01-1526STIPULATION of Dismissal by UNITED STATES POSTAL SERVICE. (Sandberg, Justin) (Entered: 01/15/2021)
2021-01-15MINUTE ORDER. Pursuant to the 26 Stipulation of Dismissal, this case is hereby DISMISSED with prejudice, with each party to bear its own costs and fees. See Fed. R. Civ. P. 41(a)(1)(A)(ii). The Clerk of Court is directed to close this case. SO ORDERED. Signed by Judge Trevor N. McFadden on 1/15/2021. (lctnm2) (Entered: 01/15/2021)
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