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Case TitleEMPOWER OVERSIGHT WHISTLEBLOWERS & RESEARCH v. U.S. SECURITIES AND EXCHANGE COMMISSION
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2023cv01335
Date Filed2023-05-10
Date Closed2024-03-27
JudgeJudge Amit P. Mehta
PlaintiffEMPOWER OVERSIGHT WHISTLEBLOWERS & RESEARCH
Case DescriptionEmpower Oversight Whistleblowers & Research submitted two FOIA requests to the SEC. The first request asked for the agency's FOIA processing notes explaining why it claimed it found no records in response to an earlier request. The agency acknowledged receipt of the request but provided no further response. The second request asked for records concerning various records regarding potential conflicts of interest related to the SEC's cryptocurrency enforcement decisions. The agency acknowledged receipt of the request. After hearing nothing further from the agency on either request, Empower Oversight filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Attorney's fees

DefendantU.S. SECURITIES AND EXCHANGE 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
Complaint attachment 14
Complaint attachment 15
Complaint attachment 16
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2023-05-101COMPLAINT against U.S. SECURITIES AND EXCHANGE COMMISSION ( Filing fee $ 402 receipt number ADCDC-10061106) filed by EMPOWER OVERSIGHT WHISTLEBLOWERS & RESEARCH. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Civil Cover Sheet, # 14 Summons U.S. Securities and Exchange Commission, # 15 Summons Merrick Garland, U.S. Attorney General, # 16 Summons U.S. Attorney for the District of Columbia)(Field, Brian) (Entered: 05/10/2023)
2023-05-102LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by EMPOWER OVERSIGHT WHISTLEBLOWERS & RESEARCH (Field, Brian) (Entered: 05/10/2023)
2023-05-11Case Assigned to Judge Amit P. Mehta. (zrtw) (Entered: 05/11/2023)
2023-05-113SUMMONS (3) Issued Electronically as to U.S. SECURITIES AND EXCHANGE COMMISSION, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(zrtw) (Entered: 05/11/2023)
2023-05-274RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 5/11/2023. Answer due for ALL FEDERAL DEFENDANTS by 6/10/2023. (Attachments: # 1 Declaration of K.Robinson with exhibits)(Field, Brian) (Entered: 05/27/2023)
2023-05-275RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. SECURITIES AND EXCHANGE COMMISSION served on 5/18/2023 (Attachments: # 1 Declaration of K.Robinson with exhibits)(Field, Brian) (Entered: 05/27/2023)
2023-05-276RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 05/19/2023. (Attachments: # 1 Declaration of K.Robinson with exhibits)(Field, Brian) (Entered: 05/27/2023)
2023-06-097NOTICE of Appearance by Mary Alexandra Verdi on behalf of U.S. SECURITIES AND EXCHANGE COMMISSION (Verdi, Mary) (Entered: 06/09/2023)
2023-06-098ANSWER to Complaint by U.S. SECURITIES AND EXCHANGE COMMISSION.(Verdi, Mary) (Entered: 06/09/2023)
2023-06-159ORDER. Both a Complaint and an Answer are now before the court in this FOIA case. It is hereby ordered that the parties shall meet and confer and file a Joint Status Report on or before June 29, 2023. The Joint Status Report shall include (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 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); and (5) whether the parties anticipate summary judgment briefing and, if so, a proposed briefing schedule. See attached Order. Signed by Judge Amit P. Mehta on 06/15/2023. (lcapm3) (Entered: 06/15/2023)
2023-06-2910Joint STATUS REPORT by U.S. SECURITIES AND EXCHANGE COMMISSION. (Verdi, Mary) (Entered: 06/29/2023)
2023-07-05MINUTE ORDER. The parties shall file an additional Joint Status Report by August 2, 2023, which updates the court on the processing and production of responsive records. Signed by Judge Amit P. Mehta on 07/05/2023. (lcapm3) (Entered: 07/05/2023)
2023-08-0211Joint STATUS REPORT by U.S. SECURITIES AND EXCHANGE COMMISSION. (Verdi, Mary) (Entered: 08/02/2023)
2023-08-03MINUTE ORDER. The parties shall submit an additional Joint Status Report by September 8, 2023, which advises whether any disputed issues remain and, if so, proposes a schedule for further proceedings. Signed by Judge Amit P. Mehta on 08/03/2023. (lcapm3) (Entered: 08/03/2023)
2023-09-0812Joint STATUS REPORT by U.S. SECURITIES AND EXCHANGE COMMISSION. (Verdi, Mary) (Entered: 09/08/2023)
2023-09-11MINUTE ORDER. The parties shall submit an additional Joint Status Report by October 9, 2023, which advises whether any disputed issues remain and, if so, proposes a schedule for further proceedings. Signed by Judge Amit P. Mehta on 9/11/2023. (lcapm3) (Entered: 09/11/2023)
2023-10-0513Joint STATUS REPORT by U.S. SECURITIES AND EXCHANGE COMMISSION. (Verdi, Mary) (Entered: 10/05/2023)
2023-10-06MINUTE ORDER. The parties shall submit an additional Joint Status Report by November 8, 2023, which advises whether any disputed issues remain and, if so, proposes a schedule for further proceedings. Signed by Judge Amit P. Mehta on 10/06/2023. (lcapm3) (Entered: 10/06/2023)
2023-11-0714Joint STATUS REPORT by U.S. SECURITIES AND EXCHANGE COMMISSION. (Verdi, Mary) (Entered: 11/07/2023)
2023-11-08MINUTE ORDER. The parties shall submit an additional Joint Status Report by December 8, 2023, which advises whether any disputed issues remain and, if so, proposes a schedule for further proceedings. Signed by Judge Amit P. Mehta on 11/08/2023. (lcapm3) (Entered: 11/08/2023)
2023-12-0715Joint STATUS REPORT by U.S. SECURITIES AND EXCHANGE COMMISSION. (Verdi, Mary) (Entered: 12/07/2023)
2023-12-11MINUTE ORDER. The parties shall file an additional Joint Status Report by January 8, 2024, which updates the court on the status of negotiations as to fees and costs and, if necessary, proposes a briefing schedule for further proceedings. Signed by Judge Amit P. Mehta on 12/11/2023. (lcapm3) (Entered: 12/11/2023)
2024-01-0516Joint STATUS REPORT by U.S. SECURITIES AND EXCHANGE COMMISSION. (Verdi, Mary) (Entered: 01/05/2024)
2024-01-11MINUTE ORDER. The parties shall file an additional Joint Status Report by February 7, 2024, which updates the court on the status of negotiations as to fees and costs and, if necessary, proposes a briefing schedule for further proceedings. Signed by Judge Amit P. Mehta on 1/11/2024. (lcapm3) (Entered: 01/11/2024)
2024-02-0717Joint STATUS REPORT by U.S. SECURITIES AND EXCHANGE COMMISSION. (Verdi, Mary) (Entered: 02/07/2024)
2024-02-12MINUTE ORDER. The parties shall file an additional Joint Status Report by March 8, 2024, which updates the court on the status of negotiations as to fees and costs and, if necessary, proposes a briefing schedule for further proceedings. Signed by Judge Amit P. Mehta on 2/12/2024. (lcapm3) (Entered: 02/12/2024)
2024-02-13Set/Reset Deadlines: Joint Status Report due by 3/8/2024. (smc) (Entered: 02/13/2024)
2024-03-0718Joint STATUS REPORT by U.S. SECURITIES AND EXCHANGE COMMISSION. (Verdi, Mary) (Entered: 03/07/2024)
2024-03-10MINUTE ORDER. The parties shall file an additional Joint Status Report on or before April 8, 2024, advising whether they have resolved the issue of fees and costs. The parties have been attempting to resolve this issue for more than 90 days, see Joint Status Report, ECF No. 15, and the court will not permit an open-ended period of negotiations. Unless the parties reach agreement by April 8, 2024, the court will enter a briefing schedule. Signed by Judge Amit P. Mehta on 3/10/2024. (lcapm3) (Entered: 03/10/2024)
2024-03-10Set/Reset Deadlines: Joint Status Report due by 4/8/2024. (zed) (Entered: 03/11/2024)
2024-03-11Set/Reset Deadlines: Joint Status Report due by 4/8/2024. (smc) (Entered: 03/11/2024)
2024-03-2719STIPULATION of Dismissal by U.S. SECURITIES AND EXCHANGE COMMISSION. (Verdi, Mary) (Entered: 03/27/2024)
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by FOIA Project Staff
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