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Case TitleNational Association for the Advancement of Colored People et al v. U.S. Department of Commerce
DistrictDistrict of Connecticut
CityNew Haven
Case Number3:2017cv01682
Date Filed2017-10-05
Date Closed2019-02-05
JudgeJudge Warren W. Eginton
PlaintiffNational Association for the Advancement of Colored People
PlaintiffNAACP Boston Branch
PlaintiffNAACP Connecticut State Conference
Case DescriptionThe NAACP, the NAACP Connecticut State Conference and NAACP Boston submitted FOIA requests to the Department of Commerce for records concerning the Bureau of Census's plan for the 2020 census. After hearing nothing further from the agency, the NAACP filed suit.
Complaint issues: Failure to respond within statutory time limit, Public Interest Fee Waiver, Litigation - Attorney's fees

DefendantU.S. Department of Commerce
Documents
Docket
Complaint
Complaint attachment 1
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2017-10-051COMPLAINT against U.S. Department of Commerce ( Filing fee $400 receipt number 0205-4557964.), filed by NAACP, NAACP Connecticut State Conference, NAACP Boston Branch. (Attachments: # 1 Exhibit A-G)(Wishnie, Michael) (Entered: 10/05/2017)
2017-10-05Request for Clerk to issue summons as to U.S. Department of Commerce. (Wishnie, Michael) (Entered: 10/05/2017)
2017-10-05Judge Warren W. Eginton added. (Anastasio, F.) (Entered: 10/05/2017)
2017-10-052ELECTRONIC FILING ORDER - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER Signed by Judge Warren W. Eginton on 10/5/2017.(Fazekas, J.) (Entered: 10/05/2017)
2017-10-053NOTICE TO COUNSEL/SELF-REPRESENTED PARTIES : Counsel or self-representing parties initiating or removing this action are responsible for serving all parties with attached documents and copies of 1 Complaint filed by National Association for the Advancement of Colored People, NAACP Connecticut State Conference, NAACP Boston Branch, 2 Electronic Filing Order Signed by Clerk on 10/5/2017.(Fazekas, J.) (Entered: 10/05/2017)
2017-10-054ENTERED IN ERROR - ELECTRONIC SUMMONS ISSUED in accordance with Fed. R. Civ. P. 4 and LR 4 as to *U.S. Department of Commerce* with answer to complaint due within *60* days. Attorney *Michael J. Wishnie* *Jerome N. Frank Legal Services - Wall St* *Yale Law School, 127 Wall Street* *New Haven, CT 06511*. (Fazekas, J.) Modified on 10/6/2017 (Fazekas, J.). (Entered: 10/05/2017)
2017-10-065ELECTRONIC SUMMONS ISSUED in accordance with Fed. R. Civ. P. 4 and LR 4 as to *U.S. Department of Commerce* with answer to complaint due within *30* days. Attorney *Michael J. Wishnie* *Jerome N. Frank Legal Services - Wall St* *Yale Law School, 127 Wall Street* *New Haven, CT 06511*. (Fazekas, J.) (Entered: 10/06/2017)
2017-11-146NOTICE of Appearance by Brenda M. Green on behalf of U.S. Department of Commerce (Green, Brenda) (Entered: 11/14/2017)
2017-11-157MOTION for Extension of Time until December 15, 2017 to Answer or Otherwise Plead 1 Complaint by U.S. Department of Commerce. (Green, Brenda) (Entered: 11/15/2017)
2017-11-168ORDER granting 7 Motion for Extension of Time. Signed by Judge Warren W. Eginton on 11/16/17. (Gould, K.) (Entered: 11/16/2017)
2017-11-16Answer deadline updated for U.S. Department of Commerce to 12/15/2017. (Gould, K.) (Entered: 11/16/2017)
2017-11-259MOTION for Leave to Appear Law Student Intern Appearance Attorney Michael Wishnie. by NAACP Boston Branch, NAACP Connecticut State Conference, National Association for the Advancement of Colored People. (Wishnie, Michael) (Entered: 11/25/2017)
2017-11-2510MOTION for Leave to Appear Law Student Intern Appearance Attorney Michael Wishnie. by NAACP Boston Branch, NAACP Connecticut State Conference, National Association for the Advancement of Colored People. (Wishnie, Michael) (Entered: 11/25/2017)
2017-11-2711ORDER granting 9 Motion to Appear Law Student Intern Appearance; granting 10 Motion to Appear Law Student Intern Appearance. Signed by Judge Warren W. Eginton on 11/27/2017. (LaMura, K.) (Entered: 11/27/2017)
2017-11-2912SUMMONS Returned Executed by National Association for the Advancement of Colored People, NAACP Connecticut State Conference, NAACP Boston Branch. U.S. Department of Commerce served on 11/29/2017, answer due 12/29/2017. (Wishnie, Michael) (Entered: 11/29/2017)
2017-12-1413ANSWER to 1 Complaint with Affirmative Defenses by U.S. Department of Commerce.(Green, Brenda) (Entered: 12/14/2017)
2018-03-0914Joint MOTION for Entry of Proposed Scheduling Order by NAACP Boston Branch, NAACP Connecticut State Conference, National Association for the Advancement of Colored People. (Attachments: # 1 Text of Proposed Order Joint Proposed Scheduling Order, # 2 Supplement Certificate of Service)(Wishnie, Michael) (Entered: 03/09/2018)
2018-03-2115ORDER granting 14 Motion for Order. Signed by Judge Warren W. Eginton on 3/21/2018. (LaMura, K.) (Entered: 03/21/2018)
2018-03-2116SCHEDULING ORDER Signed by Judge Warren W. Eginton on 3/21/2018.(LaMura, K.) (Entered: 03/21/2018)
2018-06-1417Joint STATUS REPORT by NAACP Boston Branch, NAACP Connecticut State Conference, National Association for the Advancement of Colored People. (Wishnie, Michael) (Entered: 06/14/2018)
2018-07-1618MOTION for Extension of Time until July 26, 2018 to file Motion for Summary Judgment by U.S. Department of Commerce. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit)(Green, Brenda) (Entered: 07/16/2018)
2018-07-1819ORDER granting 18 Motion for Extension of Time. Defendant's motion for summary judgment is due by July 26, 2018; the response date is September 9, 2018; the reply date is October 19, 2018. Signed by Judge Warren W. Eginton on 7/18/2018. (LaMura, K.) Modified on 7/18/2018 to include deadlines (Gould, K.). (Entered: 07/18/2018)
2018-07-18Set Deadlines/Hearings: Dispositive Motions due by 7/26/2018 (LaMura, K.) (Entered: 07/18/2018)
2018-07-18Docket Entry Correction re 19 Order on Motion for Extension of Time modified to include deadlines. (Gould, K.) (Entered: 07/18/2018)
2018-07-2620MOTION for Summary Judgment by U.S. Department of Commerce.Responses due by 8/16/2018 (Attachments: # 1 Memorandum in Support, # 2 Statement of Material Facts, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit)(Green, Brenda) (Entered: 07/26/2018)
2018-09-0421First MOTION for Extension of Time until September 17, 2018 To File Response in Opposition to Motion for Summary Judgment by NAACP Boston Branch, NAACP Connecticut State Conference, National Association for the Advancement of Colored People. (Wishnie, Michael) (Entered: 09/04/2018)
2018-09-0622ORDER granting 21 Motion for Extension of Time. Signed by Judge Warren W. Eginton on 9/6/2018. (LaMura, K.) (Entered: 09/06/2018)
2018-09-0623Set/Reset Deadlines as to 20 MOTION for Summary Judgment . Responses due by 9/17/2018 (LaMura, K.) (Entered: 09/06/2018)
2018-09-1724MOTION for Leave to Appear As Law Student Interns by NAACP Boston Branch, NAACP Connecticut State Conference, National Association for the Advancement of Colored People. (Attachments: # 1 Student Appearance Forms)(Wishnie, Michael) (Entered: 09/17/2018)
2018-09-1725Memorandum in Opposition and in Support of Cross-Motion for Discovery re 20 MOTION for Summary Judgment filed by NAACP Boston Branch, NAACP Connecticut State Conference, National Association for the Advancement of Colored People. (Attachments: # 1 Statement of Material Facts Local Rule 56(a)(2) Statement, # 2 Declaration of Michael J. Wishnie, # 3 Exhibit Exhibit A, # 4 Exhibit Exhibit B, # 5 Exhibit Exhibit C, # 6 Exhibit Exhibit D, # 7 Exhibit Exhibit E, # 8 Exhibit Exhibit F, # 9 Exhibit Exhibit G, # 10 Exhibit Exhibit H, # 11 Exhibit Exhibit I, # 12 Exhibit Exhibit J, # 13 Exhibit Exhibit K, # 14 Exhibit Exhibit L, # 15 Exhibit Exhibit M, # 16 Exhibit Exhibit N, # 17 Exhibit Exhibit O, # 18 Exhibit Exhibit P, # 19 Exhibit Exhibit Q, # 20 Exhibit Exhibit R, # 21 Exhibit Exhibit S, # 22 Exhibit Exhibit T, # 23 Exhibit Exhibit U, # 24 Exhibit Exhibit V, # 25 Exhibit Exhibit W, # 26 Exhibit Exhibit X, # 27 Exhibit Exhibit Y, # 28 Exhibit Exhibit Z, # 29 Exhibit Exhibit AA, # 30 Exhibit Exhibit BB, # 31 Exhibit Exhibit CC, # 32 Exhibit Exhibit DD, # 33 Exhibit Exhibit EE, # 34 Exhibit Exhibit FF)(Wishnie, Michael) (Entered: 09/17/2018)
2018-09-1726Cross MOTION for Discovery Order by NAACP Boston Branch, NAACP Connecticut State Conference, National Association for the Advancement of Colored People. (Wishnie, Michael) (Entered: 09/17/2018)
2018-09-1827ORDER granting 24 Motion to Appear. Signed by Judge Warren W. Eginton on 9/18/2018. (Gould, K.) (Entered: 09/18/2018)
2018-10-1228MOTION for Extension of Time until October 26, 2018 to file its Reply to the Plaintiffs' Motion in Opposition to the Defendant's Motion for Summary Judgment and Opposition to the Plaintiffs' Cross Motion for Discovery 25 Memorandum in Opposition to Motion,,,, 26 Cross MOTION for Discovery Order by U.S. Department of Commerce. (Green, Brenda) (Entered: 10/12/2018)
2018-10-1729ORDER granting 28 Motion for Extension of Time. Signed by Judge Warren W. Eginton on 10/17/2018. (LaMura, K.) (Entered: 10/17/2018)
2018-10-1730Set/Reset Deadlines as to 26 Cross MOTION for Discovery Order. Responses due by 10/26/2018 (LaMura, K.) (Entered: 10/17/2018)
2018-10-2631MOTION for Extension of Time until November 2, 2018 to file its Reply in support of the Defendant's Motion for Summary Judgment and Opposition to the Plaintiffs' Cross-Motion for Discovery 25 Memorandum in Opposition to Motion,,,, 26 Cross MOTION for Discovery Order by U.S. Department of Commerce. (Green, Brenda) (Entered: 10/26/2018)
2018-10-3032ORDER granting 31 Motion for Extension of Time. Signed by Judge Warren W. Eginton on 10/30/2018. (LaMura, K.) (Entered: 10/30/2018)
2018-10-30Set/Reset Deadlines as to 26 Cross MOTION for Discovery Order, 20 MOTION for Summary Judgment . Responses due by 11/2/2018 (LaMura, K.) (Entered: 10/30/2018)
2018-11-0233STIPULATION re 25 Memorandum in Opposition to Motion,,,, 20 MOTION for Summary Judgment by U.S. Department of Commerce. (Green, Brenda) (Entered: 11/02/2018)
2018-11-0534ORDER re 33 Stipulation filed by U.S. Department of Commerce. In accordance with doc. 33, Defendant shall produce non-exempt information that does not constitute an undue burden to the agency in the several categories of discrete documents. Signed by Judge Warren W. Eginton on 11/5/2018.(LaMura, K.) (Entered: 11/05/2018)
2018-11-0535ORDER approving re 33 Stipulation filed by U.S. Department of Commerce. approve Stipulation for extension to the deadline for Defendants Reply in Support of its Motion for Summary Judgment and Opposition to Plaintiffs Cross-Motion for Discovery through November 15, 2018. However, the Court requests that motions for extension of time be filed as a motion rather than a stipulation. Signed by Judge Warren W. Eginton on 11/5/2018.(LaMura, K.) (Entered: 11/05/2018)
2018-11-1936MOTION for Extension of Time until December 17, 2018 to file a Reply to Plaintiffs' Opposition to Defendant's Motion for Summary Judgment and Opposition to Plaintiffs' Cross Motion for Discovery, nunc pro tunc 25 Memorandum in Opposition to Motion,,,, 26 Cross MOTION for Discovery Order by U.S. Department of Commerce. (Green, Brenda) (Entered: 11/19/2018)
2018-11-2037ORDER granting 36 Motion for Extension of Time. Signed by Judge Warren W. Eginton on 11/20/2018. (Welles, T.) (Entered: 11/20/2018)
2018-12-1738MOTION for Extension of Time until January 17, 2019 to file Defendant's Reply to Plaintiffs' Opposition to Defendant's Motion for Summary Judgment and Opposition to Plaintffs' Cross Motion for Discovery 25 Memorandum in Opposition to Motion,,,, 26 Cross MOTION for Discovery Order by U.S. Department of Commerce. (Green, Brenda) (Entered: 12/17/2018)
2018-12-1839RESPONSE re 38 MOTION for Extension of Time until January 17, 2019 to file Defendant's Reply to Plaintiffs' Opposition to Defendant's Motion for Summary Judgment and Opposition to Plaintffs' Cross Motion for Discovery 25 Memorandum filed by NAACP Boston Branch, NAACP Connecticut State Conference, National Association for the Advancement of Colored People. (Wishnie, Michael) (Entered: 12/18/2018)
2018-12-1840ORDER granting over Objections 38 MOTION for Extension of Time until January 17, 2019 to file Defendant's Reply to Plaintiffs' Opposition to Defendant's Motion for Summary Judgment and Opposition to Plaintiffs' Cross Motion for Discovery. No further extensions of time will be granted. Signed by Judge Warren W. Eginton on 12/18/18. (Imbriani, Susan) (Entered: 12/18/2018)
2018-12-18Set/Reset Deadlines as to 26 Cross MOTION for Discovery Order, 20 MOTION for Summary Judgment . Respons/Oppositin due by 1/17/2019. (Imbriani, Susan) (Entered: 12/18/2018)
2019-01-1741MOTION for Extension of Time until January 22, 2019 to filed a Reply to Plaintiffs' Opposition to Defendant's Motion for Summary Judgment and Opposition to Plaintiffs' Cross Motion for Discovery 25 Memorandum in Opposition to Motion,,,, by U.S. Department of Commerce. (Green, Brenda) (Entered: 01/17/2019)
2019-01-1842ORDER granting 41 Motion for Extension of Time. Signed by Judge Warren W. Eginton on 1/18/19. (Ladd-Smith, I.) (Entered: 01/18/2019)
2019-01-2243MOTION for Extension of Time to file Defendant's Reply to Plaintiffs' Opposition to Defendant's Motion for Summary Judgment and Opposition to Plaintiffs' Cross Motion for Discovery 25 Memorandum in Opposition to Motion,,,, 26 Cross MOTION for Discovery Order by U.S. Department of Commerce. (Green, Brenda) (Entered: 01/22/2019)
2019-01-2244RESPONSE Clarifying Position of Plaintiffs on Defendant's Motion for Extension of Time filed by NAACP Boston Branch, NAACP Connecticut State Conference, National Association for the Advancement of Colored People. (Wishnie, Michael) (Entered: 01/22/2019)
2019-01-2845ORDER granting 43 Motion for Extension of Time to January 31, 2019 for Defendant to either (a) file a joint stipulation ofsettlement with Plaintiffs, or (b) file its brief supporting its motion for summary judgment andopposing Plaintiffs cross-motion for discovery. Signed by Judge Warren W. Eginton on 1/28/2019. (Welles, T.) (Entered: 01/28/2019)
2019-01-28Set/Reset Deadlines as to 26 Cross MOTION for Discovery Order, 20 MOTION for Summary Judgment Responses due by 1/31/2019. (Imbriani, Susan) (Entered: 01/29/2019)
2019-01-3146MOTION for Extension of Time until February 4, 2019 to file a Reply to Plaintiffs' Opposition to Defendant's Motion for Summary Judgment and Opposition to Plaintiffs' Cross Motion for Discovery 25 Memorandum in Opposition to Motion,,,, 26 Cross MOTION for Discovery Order by U.S. Department of Commerce. (Green, Brenda) (Entered: 01/31/2019)
2019-02-0447ORDER granting 46 Motion for Extension of Time. Signed by Judge Warren W. Eginton on 2/4/2019. (LaMura, K.) (Entered: 02/04/2019)
2019-02-04Set/Reset Deadlines as to 26 Cross MOTION for Discovery Order, 20 MOTION for Summary Judgment . Responses due by 2/4/2019 (LaMura, K.) (Entered: 02/04/2019)
2019-02-0448STIPULATION of Settlement by NAACP Boston Branch, NAACP Connecticut State Conference, National Association for the Advancement of Colored People. (Wishnie, Michael) (Entered: 02/04/2019)
2019-02-0549ORDER; The Court so orders the stipulation. The parties are obligated to comply with the terms of the Settlement Agreement. All pending motions (docs. 20 and 26) are DENIED without prejudice and the case will be closed administratively without prejudice to reopening. The Court will retain jurisdiction over the matter. re 48 Stipulation filed by National Association for the Advancement of Colored People, NAACP Connecticut State Conference, NAACP Boston Branch Signed by Judge Warren W. Eginton on 2/5/2019.(LaMura, K.) (Entered: 02/05/2019)
2019-02-0550ORDER;All pending motions (docs. 20 and 26) are DENIED without prejudice and the case will be closed administratively without prejudice to reopening. The Court will retain jurisdiction over the matter. denying without prejudice 20 Motion for Summary Judgment; denying without prejudice 26 Motion for Order. Signed by Judge Warren W. Eginton on 2/5/2019. (LaMura, K.) (Entered: 02/05/2019)
2019-02-05JUDICIAL PROCEEDINGS SURVEY - FOR COUNSEL ONLY: The following link to the confidential survey requires you to log into CM/ECF for SECURITY purposes. Once in CM/ECF you will be prompted for the case number. Although you are receiving this survey through CM/ECF, it is hosted on an independent website called SurveyMonkey. Once in SurveyMonkey, the survey is located in a secure account. The survey is not docketed and it is not sent directly to the judge. To ensure anonymity, completed surveys are held up to 90 days before they are sent to the judge for review. We hope you will take this opportunity to participate, please click on this link: https://ecf.ctd.uscourts.gov/cgi-bin/Dispatch.pl?survey (Fazekas, J.) (Entered: 02/06/2019)
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