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Case TitleLEVINTHAL et al v. FEDERAL ELECTION COMMISSION
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2015cv01148
Date Filed2015-07-20
Date Closed2016-03-28
JudgeJudge James E. Boasberg
PlaintiffDAVE LEVINTHAL
PlaintiffCENTER FOR PUBLIC INTEGRITY
Case DescriptionDave Levinthal, an investigative reporter for the Center for Public Integrity, submitted a FOIA request to the Federal Election Commission for any scheduling documents used by FEC commissioners between October 2013 and August 2014. The FEC acknowledged receipt of the request and indicated it was processing the request. After hearing nothing further, Levinthal 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
User-contributed Documents
 Complaint
Def.'s Answer
Def.'s Motion for Summary Judgment
Pl.'s Cross Motion for Summary Judgment
Stipulation of Dismissal
Docket Events (Hide)
Date FiledDoc #Docket Text

2015-07-201COMPLAINT against FEDERAL ELECTION COMMISSION ( Filing fee $ 400 receipt number 0090-4180587) filed by DAVE LEVINTHAL, CENTER FOR PUBLIC INTEGRITY. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons to Attorney General, # 4 Summons to U.S. Attorney)(Smith, Peter) (Entered: 07/20/2015)
2015-07-202LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by CENTER FOR PUBLIC INTEGRITY (Smith, Peter) (Entered: 07/20/2015)
2015-07-20Case Assigned to Judge James E. Boasberg. (rd) (Entered: 07/20/2015)
2015-07-203SUMMONS (3) Issued Electronically as to FEDERAL ELECTION COMMISSION, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Consent Form, # 2 Notice of Consent)(rd) (Entered: 07/20/2015)
2015-08-054RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 8/5/2015. Answer due for ALL FEDERAL DEFENDANTS by 9/4/2015. (Smith, Peter) (Entered: 08/05/2015)
2015-08-245RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 08/14/2015. (Attachments: # 1 Exhibit Postal Return Receipt)(Smith, Peter) (Entered: 08/24/2015)
2015-08-246RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. FEDERAL ELECTION COMMISSION served on 8/13/2015 (Attachments: # 1 Exhibit USPS Duplicate Return Receipt)(Smith, Peter) (Entered: 08/24/2015)
2015-09-047ANSWER to Complaint by FEDERAL ELECTION COMMISSION.(Mueller, Gregory) (Entered: 09/04/2015)
2015-09-08MINUTE ORDER: The Court ORDERS that parties shall meet and confer and propose a briefing schedule by September 22, 2015. Signed by Judge James E. Boasberg on 09/08/15. (lcjeb2) (Entered: 09/08/2015)
2015-09-08Set/Reset Deadline: That parties shall meet and confer and propose a briefing schedule by 9/22/2015. (ad) (Entered: 09/08/2015)
2015-09-108Consent MOTION for Extension of Time to File Proposed Briefing Schedule by FEDERAL ELECTION COMMISSION (Attachments: # 1 Text of Proposed Order)(Mueller, Gregory) (Entered: 09/10/2015)
2015-09-10MINUTE ORDER granting Defendant's 8 Consent Motion for extension of deadline to confer and propose a briefing schedule. The Court ORDERS that the parties shall meet and confer and propose a briefing schedule by October 22, 2015. Signed by Judge James E. Boasberg on 09/10/2015. (lcjeb2) (Entered: 09/10/2015)
2015-09-11Set/Reset Deadlines: Joint Meet & Confer Statement due by 10/22/2015. (tg) (Entered: 09/11/2015)
2015-10-229Unopposed MOTION for Extension of Time to File Proposed Briefing Schedule by CENTER FOR PUBLIC INTEGRITY, DAVE LEVINTHAL (Attachments: # 1 Text of Proposed Order)(Smith, Peter) (Entered: 10/22/2015)
2015-10-23MINUTE ORDER granting 9 Unopposed Motion for Extension of Time to File. The Court ORDERS that parties shall meet and confer and propose a briefing schedule by November 5, 2015. Signed by Judge James E. Boasberg on 10/23/2015. (lcjeb2) (Entered: 10/23/2015)
2015-10-23Set/Reset Deadlines: Joint proposed briefing schedule due by 11/5/2015. (tg) (Entered: 10/23/2015)
2015-11-0510Unopposed MOTION for Extension of Time to File Proposed Briefing Schedule by CENTER FOR PUBLIC INTEGRITY, DAVE LEVINTHAL (Attachments: # 1 Text of Proposed Order)(Smith, Peter) (Entered: 11/05/2015)
2015-11-06MINUTE ORDER: The Court ORDERS that Plaintiffs' unopposed 10 Motion for Extension of Time to File is GRANTED. The parties shall meet and confer and propose a briefing schedule on or before November 19, 2015. Signed by Judge James E. Boasberg on 11/6/15. (lcjeb1) (Entered: 11/06/2015)
2015-11-06Set/Reset Deadlines: Joint proposed briefing schedule due by 11/19/2015. (tg) (Entered: 11/06/2015)
2015-11-1711Joint MOTION for Extension of Time to Submit a Proposed Briefing Schedule by FEDERAL ELECTION COMMISSION (Attachments: # 1 Text of Proposed Order)(Mueller, Gregory) (Entered: 11/17/2015)
2015-11-18MINUTE ORDER granting parties' 11 Joint Motion for Extension of Time to Submit a Proposed Briefing Schedule. The Court ORDERS that the parties shall meet and confer and propose a briefing schedule by December 10, 2015. Signed by Judge James E. Boasberg on 11/18/2015. (lcjeb2) (Entered: 11/18/2015)
2015-11-18Set/Reset Deadlines: Meet & Confer Statement due by 12/10/2015. (tg) (Entered: 11/18/2015)
2015-12-1012MEET AND CONFER STATEMENT. (Attachments: # 1 Text of Proposed Order)(Mueller, Gregory) (Entered: 12/10/2015)
2015-12-11MINUTE ORDER: The Court GRANTS the parties' 12 Joint Meet and Confer Statement and Proposed Schedule and ORDERS that: 1) the FEC shall files it motion for summary judgment, together with any supporting material, no later than January 29, 2016; 2) Plaintiffs shall file their consolidated opposition and cross-motion for summary judgment, if any, no later than February 26, 2016; 3) the FEC shall file its consolidated reply and opposition no later than March 23, 2016; and 4) Plaintiff shall file any reply no later than April 8, 2016. Signed by Judge James E. Boasberg on 12/11/2015. (lcjeb2) (Entered: 12/11/2015)
2015-12-11Set/Reset Deadlines: FEC's Summary Judgment motion due by 1/29/2016; Plaintiffs' Cross-Motion and Opposition to Motion for Summary Judgment due by 2/26/2016; FEC's Opposition to Cross-Motion and Reply to Motion for Summary Judgment due by 3/23/2016; Plaintiffs' Reply to Cross-Motion due by 4/8/2016. (tg) (Entered: 12/11/2015)
2016-01-0813Consent MOTION to Modify Scheduling Order by FEDERAL ELECTION COMMISSION (Attachments: # 1 Text of Proposed Order)(Mueller, Gregory) (Entered: 01/08/2016)
2016-01-08MINUTE ORDER granting 13 Consent Motion to Modify Scheduling Order. The Court ORDERS that: 1) Defendant shall file its Motion for Summary Judgment no later than February 12, 2016; 2) Plaintiffs shall file their Opposition no later than March 11, 2016; 3) Defendant shall file its Consolidated Reply no later than April 1, 2016; 4) Plaintiffs shall file any Reply no later than April 15, 2016. Signed by Judge James E. Boasberg on 01/08/2016. (lcjeb2) (Entered: 01/08/2016)
2016-01-11Set/Reset Deadlines: Defendant shall file its Motion for Summary Judgment no later than 2/12/2016; Plaintiffs shall file their Opposition no later than 3/11/2016; Defendant shall file its Consolidated Reply no later than 4/01/2016; Plaintiffs shall file any Reply no later than 4/15/2016. (ad) (Entered: 01/11/2016)
2016-02-1214MOTION for Summary Judgment including Memorandum in Support of Motion and Statement of Material Facts by FEDERAL ELECTION COMMISSION (Attachments: # 1 Text of Proposed Order, # 2 Declaration of Katie A. Higginbothom, # 3 Declaration of Greg J. Mueller, # 4 Declaration Caroline C. Hunter, # 5 Declaration Matthew S. Petersen, # 6 Declaration Steven T. Walther)(Mueller, Gregory) (Entered: 02/12/2016)
2016-03-1115Cross MOTION for Summary Judgment by CENTER FOR PUBLIC INTEGRITY, DAVE LEVINTHAL (Attachments: # 1 Text of Proposed Order)(Smith, Peter) (Entered: 03/11/2016)
2016-03-1116Memorandum in opposition to re 14 MOTION for Summary Judgment including Memorandum in Support of Motion and Statement of Material Facts filed by CENTER FOR PUBLIC INTEGRITY, DAVE LEVINTHAL. (Smith, Peter) (Entered: 03/11/2016)
2016-03-2517STIPULATION of Dismissal by FEDERAL ELECTION COMMISSION. (Mueller, Gregory) (Entered: 03/25/2016)
2016-03-28MINUTE ORDER: Per the parties' 17 Stipulation, the Court ORDERS that the case is DISMISSED WITH PREJUDICE. Signed by Judge James E. Boasberg on 03/28/2016. (lcjeb2) (Entered: 03/28/2016)
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