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Case TitleNEW CIVIL LIBERTIES ALLIANCE v. SECURITIES AND EXCHANGE COMMISSION
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2022cv03567
Date Filed2022-11-23
Date ClosedOpen
JudgeJudge Carl J. Nichols
PlaintiffNEW CIVIL LIBERTIES ALLIANCE
Case DescriptionNew Civil Liberties Alliance submitted a FOIA request to the Securities and Exchange Commission for records concerning a control deficiency which the agency had learned about not later than the Fall of 2021. NCLA also requested a fee waiver. The agency acknowledged receipt of the request. After hearing nothing further from the agency, NCLA filed suit.
Complaint issues: Failure to respond within statutory time limit, Public Interest Fee Waiver, Litigation - Attorney's fees

DefendantSECURITIES AND EXCHANGE COMMISSION
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2022-11-231COMPLAINT against SECURITIES AND EXCHANGE COMMISSION ( Filing fee $ 402 receipt number ADCDC-9692350) filed by NEW CIVIL LIBERTIES ALLIANCE. (Attachments: # 1 Summons Proposed to AG, US Attorney, and Defendant, # 2 Civil Cover Sheet)(Hardin, Matthew) (Entered: 11/23/2022)
2022-11-23Case Assigned to Judge Carl J. Nichols. (zsl) (Entered: 11/23/2022)
2022-11-232SUMMONS (3) Issued Electronically as to SECURITIES AND EXCHANGE COMMISSION, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(zsl) (Entered: 11/23/2022)
2022-11-253NOTICE of Appearance by Christopher Cochran Horner on behalf of NEW CIVIL LIBERTIES ALLIANCE (Horner, Christopher) (Entered: 11/25/2022)
2022-11-304STANDING ORDER. Signed by Judge Carl J. Nichols on November 30, 2022. (lccjn3) (Entered: 11/30/2022)
2022-12-235NOTICE of Appearance by Mary Alexandra Verdi on behalf of SECURITIES AND EXCHANGE COMMISSION (Verdi, Mary) (Entered: 12/23/2022)
2022-12-236ANSWER to Complaint by SECURITIES AND EXCHANGE COMMISSION.(Verdi, Mary) (Entered: 12/23/2022)
2023-01-03MINUTE ORDER. Before the Court in this Freedom of Information Act case are a Complaint and an Answer. Pursuant to Local Civil Rule 16.3, the requirements of Federal Rule of Civil Procedure 26(f) are inapplicable. It is hereby ORDERED that the Parties shall confer and file a Joint Status Report on or before January 23, 2023. The Joint Status Report shall address: (1) the status of Plaintiff's FOIA request; (2) the anticipated number of documents responsive to Plaintiff's FOIA request; (3) the anticipated dates for release of the documents requested by Plaintiff; (4) whether a motion for stay is likely under Open America v. Watergate Special Prosecution Force, 547 F.2d 605 (D.C. Cir. 1976); (5) the possibility of prioritizing documents responsive to Plaintiff's request and any discussions regarding whether Plaintiff's request can be narrowed; and (6) whether the Parties anticipate summary judgment briefing and, if so, a proposed briefing schedule. Signed by Judge Carl J. Nichols on January 3, 2023. (lccjn3) (Entered: 01/03/2023)
2023-01-03Set/Reset Deadlines: Status Report due by 1/23/2023 (zjch, ) (Entered: 01/04/2023)
2023-01-117AMENDED COMPLAINT against SECURITIES AND EXCHANGE COMMISSION filed by NEW CIVIL LIBERTIES ALLIANCE.(Hardin, Matthew) (Entered: 01/11/2023)
2023-01-238Joint STATUS REPORT by SECURITIES AND EXCHANGE COMMISSION. (Verdi, Mary) (Entered: 01/23/2023)
2023-01-259ANSWER to 7 Amended Complaint by SECURITIES AND EXCHANGE COMMISSION.(Verdi, Mary) (Entered: 01/25/2023)
2023-02-02MINUTE ORDER. Upon consideration of 6 Joint Status Report, it is hereby ORDERED that the Parties shall file their next joint status report on or before March 1, 2023, and every 30 days thereafter. Signed by Judge Carl J. Nichols on February 2, 2023. (lccjn3) (Entered: 02/02/2023)
2023-02-02Set/Reset Deadlines: Joint Status Report due by 3/1/2023. (zsmc) (Entered: 02/02/2023)
2023-03-0110Joint STATUS REPORT by SECURITIES AND EXCHANGE COMMISSION. (Verdi, Mary) (Entered: 03/01/2023)
2023-03-0711NOTICE of Appearance by Margaret A. Little on behalf of NEW CIVIL LIBERTIES ALLIANCE (Little, Margaret) (Entered: 03/07/2023)
2023-03-3112Consent MOTION for Extension of Time to File Joint Status Report by NEW CIVIL LIBERTIES ALLIANCE. (Hardin, Matthew) (Entered: 03/31/2023)
2023-04-03MINUTE ORDER. Upon consideration of 12 Consent Motion for Extension, it is hereby ORDERED that the Motion is GRANTED. The Joint Status Report shall be filed on or before April 7, 2023. Signed by Judge Carl J. Nichols on April 3, 2023. (lccjn3) (Entered: 04/03/2023)
2023-04-04Set/Reset Deadlines: Joint Status Report due by 4/7/2023 (mac) (Entered: 04/04/2023)
2023-04-0713Joint STATUS REPORT by SECURITIES AND EXCHANGE COMMISSION. (Verdi, Mary) (Entered: 04/07/2023)
2023-05-0814Joint STATUS REPORT by SECURITIES AND EXCHANGE COMMISSION. (Verdi, Mary) (Entered: 05/08/2023)
2023-05-11MINUTE ORDER. Upon consideration of the 14 Joint Status Report, it is hereby ORDERED that the government shall file its motion for summary judgment on or before July 12, 2023; that Plaintiff shall file its Opposition and any cross-motion for summary judgment on or before August 2, 2023; that the government shall file its reply and any opposition to the cross-motion on or before August 23, 2023; and, if there is a cross-motion, Plaintiff shall file its reply on or before September 13, 2023. Signed by Judge Carl J. Nichols on May 11, 2023. (lccjn3) (Entered: 05/11/2023)
2023-06-0715Joint STATUS REPORT by SECURITIES AND EXCHANGE COMMISSION. (Verdi, Mary) (Entered: 06/07/2023)
2023-06-28MINUTE ORDER. Upon consideration of the request in 15 Joint Status Report, the Court hereby SUSPENDS its previous order to submit joint status reports every 30 days until after the Court rules on the parties' motions for summary judgment. Signed by Judge Carl J. Nichols on June 28, 2023. (lccjn3) (Entered: 06/28/2023)
2023-07-1216MOTION for Summary Judgment by SECURITIES AND EXCHANGE COMMISSION. (Attachments: # 1 Statement of Facts, # 2 Declaration of Lizzette Katilius, # 3 Declaration of Mark Tallarico, # 4 Exhibit 1 (Vaughn Index), # 5 Memorandum in Support, # 6 Text of Proposed Order)(Verdi, Mary) (Entered: 07/12/2023)
2023-08-0217RESPONSE re 16 MOTION for Summary Judgment filed by NEW CIVIL LIBERTIES ALLIANCE. (Attachments: # 1 Statement of Facts, # 2 Affidavit Declaration of Matthew Hardin, # 3 Exhibit A to Hardin Declaration, # 4 B to Hardin Declaration)(Hardin, Matthew) (Entered: 08/02/2023)
2023-08-2318REPLY to opposition to motion re 16 MOTION for Summary Judgment filed by SECURITIES AND EXCHANGE COMMISSION. (Attachments: # 1 Declaration (Supplemental) of Mark Tallarico)(Verdi, Mary) (Entered: 08/23/2023)
2024-07-26Set/Reset Hearings: Motion Hearing set for 8/15/2024 at 09:00 AM in Courtroom 17- In Person before Judge Carl J. Nichols. (zcam) (Entered: 07/26/2024)
2024-08-0319NOTICE OF SUPPLEMENTAL AUTHORITY by SECURITIES AND EXCHANGE COMMISSION (Attachments: # 1 Exhibit A)(Verdi, Mary) (Entered: 08/03/2024)
2024-08-1420RESPONSE re 19 NOTICE OF SUPPLEMENTAL AUTHORITY filed by NEW CIVIL LIBERTIES ALLIANCE. (Hardin, Matthew) (Entered: 08/14/2024)
2024-08-15Minute Entry for proceedings held before Judge Carl J. Nichols: Motion Hearing held on 8/15/2024 re 16 MOTION for Summary Judgment. Motion 16 ; Taken Under Advisement. Order and Opinion to be issued by the Court. Court Reporter: Lorraine Herman. (zcam) (Entered: 08/15/2024)
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