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Case TitleJOSH HAWLEY FOR SENATE v. FEDERAL ELECTION COMMISSION
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2022cv01275
Date Filed2022-05-10
Date Closed2022-11-16
JudgeJudge Emmet G. Sullivan
PlaintiffJOSH HAWLEY FOR SENATE
Case DescriptionJosh Hawley for Senate submitted a FOIA request to the Federal Election Commission for records concerning the agency's votes on the administrative complaints and the controlling statement of reasons in Giffords v. NRA. The agency acknowledged receipt of the request. The agency withheld some documents under Exemption 5 (privileges). Josh Hawley for Senate filed an administrative appeal. The agency told Josh Hawley for Senate that it could not decide whether to affirm or deny its appeal. After hearing nothing further from the agency, John Hawley for Senate, filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantFEDERAL ELECTION COMMISSION
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
Complaint attachment 12
Complaint attachment 13
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2022-05-101COMPLAINT against FEDERAL ELECTION COMMISSION ( Filing fee $ 402 receipt number ADCDC-9226856) filed by JOSH HAWLEY FOR SENATE. (Attachments: # 1 Exhibit EXHIBIT A, # 2 Exhibit EXHIBIT B, # 3 Exhibit EXHIBIT C, # 4 Exhibit EXHIBIT D, # 5 Exhibit EXHIBIT E, # 6 Exhibit EXHIBIT F, # 7 Exhibit EXHIBIT G, # 8 Civil Cover Sheet CIVIL COVERSHEET, # 9 Exhibit DESIGNATION, # 10 Exhibit CERTIFICATE, # 11 Summons SUMMONS, # 12 Summons SUMMONS, # 13 Summons SUMMONS)(Torchinsky, Jason) (Entered: 05/10/2022)
2022-05-102NOTICE OF RELATED CASE by JOSH HAWLEY FOR SENATE. Case related to Case No. 21cv2887. (zmh) (Entered: 05/11/2022)
2022-05-11Case Assigned to Judge Emmet G. Sullivan. (zmh) (Entered: 05/11/2022)
2022-05-113SUMMONS (3) Issued Electronically as to FEDERAL ELECTION COMMISSION, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(zmh) (Entered: 05/11/2022)
2022-05-234STANDING ORDER: The parties are directed to read the attached Standing Order Governing Civil Cases Before Judge Emmet G. Sullivan in its entirety upon receipt. The parties are hereby ORDERED to comply with the directives in the attached Standing Order. Signed by Judge Emmet G. Sullivan on 05/23/22. (Attachment: # 1 Exhibit 1) (mac) (Entered: 05/23/2022)
2022-06-295NOTICE of FEC Commissioner Statement by JOSH HAWLEY FOR SENATE (Attachments: # 1 Exhibit Attachment A)(Torchinsky, Jason) (Entered: 06/29/2022)
2022-07-136RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 05/19/2022. (Attachments: # 1 Exhibit US AG Return of Service)(Torchinsky, Jason) (Entered: 07/13/2022)
2022-07-137RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 7/8/2022. Answer due for ALL FEDERAL DEFENDANTS by 8/7/2022. (Attachments: # 1 Exhibit USA DC return of service)(Torchinsky, Jason) (Entered: 07/13/2022)
2022-07-138RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. FEDERAL ELECTION COMMISSION served on 5/22/2022 (Attachments: # 1 Exhibit FEC return of service)(Torchinsky, Jason) (Entered: 07/13/2022)
2022-08-089NOTICE of Appearance by Kevin Deeley on behalf of FEDERAL ELECTION COMMISSION (Deeley, Kevin) (Entered: 08/08/2022)
2022-08-0810NOTICE of Appearance by Harry Jacobs Summers on behalf of FEDERAL ELECTION COMMISSION (Summers, Harry) (Entered: 08/08/2022)
2022-08-0811NOTICE of Appearance by Gregory John Mueller on behalf of FEDERAL ELECTION COMMISSION (Mueller, Gregory) (Entered: 08/08/2022)
2022-08-0812ANSWER to Complaint by FEDERAL ELECTION COMMISSION.(Mueller, Gregory) (Entered: 08/08/2022)
2022-08-09MINUTE ORDER. Plaintiff brings this action pursuant to the Freedom of Information Act (FOIA), 5 U.S.C. § 552. The parties are directed to meet and confer and propose a joint scheduling order for further proceedings in this case by no later than August 23, 2022. The parties' joint proposed scheduling order shall address the following: (1) The status of plaintiff's FOIA request; (2) The anticipated number of documents responsive to plaintiff's FOIA request; (3) The anticipated date(s) for release of documents responsive to plaintiff's FOIA request; (4) Whether a motion for an Open America stay is likely in this case; (5) Whether a Vaughn index will be required in this case; (6) Whether this case would benefit from referral to a magistrate judge or the District Court Mediation Program for purposes of settlement; and (7) A proposed briefing schedule for dispositive motions, if applicable. If the parties are unable to agree on a joint recommendation, the joint proposed scheduling order shall include each party's individual recommendations. Signed by Judge Emmet G. Sullivan on 8/9/2022. (lcegs1) (Entered: 08/09/2022)
2022-08-09Set/Reset Deadlines: Joint Scheduling Order due by 8/23/2022 (mac) (Entered: 08/09/2022)
2022-08-2313Joint STATUS REPORT and Joint Proposed Scheduling Order by FEDERAL ELECTION COMMISSION. (Attachments: # 1 Text of Proposed Order)(Mueller, Gregory) (Entered: 08/23/2022)
2022-08-25MINUTE ORDER. In view of 13 Joint Report and Proposed Scheduling Order, the following deadlines shall govern this case: (1) FEC's Motion for Summary Judgment and Memorandum of Points and Authorities, not to exceed 40 pages, shall be filed by no later than 9/23/2022; (2) Plaintiffs' Opposition to FEC's Motion for Summary Judgment (combined with a Cross-Motion for Summary Judgment, if desired), not to exceed 45 pages, shall be filed by no later than October 21, 2022; (3) FEC's Reply in Support of its Motion for Summary Judgment (and, if necessary, combined with an Opposition to Plaintiffs Cross-Motion for Summary Judgment), not to exceed 30 pages, shall be filed by no later than November 21, 2022; (4) If necessary, Plaintiffs' Reply in Support of their Cross-Motion for Summary Judgment, not to exceed 25 pages, shall be filed by no later than December 14, 2022. Signed by Judge Emmet G. Sullivan on 8/25/2022. (lcegs1) (Entered: 08/25/2022)
2022-08-25Set/Reset Deadlines: Defendant's Summary Judgment motions due by 9/23/2022. Plaintiff's Response to Motion for Summary Judgment due by 10/21/2022. If desired, Plaintiff's Cross Motion for Summary Judgment due by 10/21/2022. Defendant's Reply to Motion for Summary Judgment due by 11/21/2022. If necessary, Defendant's Response to Plaintiff's Cross Motion for Summary Judgment due by 11/21/2022. Plaintiff's Reply in Support of their Cross-Motion for Summary Judgment due by 12/14/2022. (zalh) (Entered: 08/25/2022)
2022-09-0114NOTICE of Subsequent Developments by FEDERAL ELECTION COMMISSION (Mueller, Gregory) (Entered: 09/01/2022)
2022-09-2015Consent MOTION to Modify Scheduling Order by FEDERAL ELECTION COMMISSION. (Attachments: # 1 Text of Proposed Order)(Mueller, Gregory) (Entered: 09/20/2022)
2022-09-21MINUTE ORDER granting 15 consent motion to modify scheduling order. The parties shall submit a joint status report by no later than October 21, 2022 informing the Court whether further proceedings are necessary and a proposed schedule for any such proceedings. Signed by Judge Emmet G. Sullivan on 9/21/2022. (lcegs1) (Entered: 09/21/2022)
2022-09-22Set/Reset Deadlines: Joint Status Report due by 10/21/2022 (mac) (Entered: 09/22/2022)
2022-10-2116Joint STATUS REPORT by FEDERAL ELECTION COMMISSION. (Attachments: # 1 Text of Proposed Order)(Mueller, Gregory) (Entered: 10/21/2022)
2022-11-1617STIPULATION of Settlement and Dismissal by FEDERAL ELECTION COMMISSION. (Mueller, Gregory) (Entered: 11/16/2022)
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by FOIA Project Staff
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