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Case TitleCAUSE OF ACTION INSTITUTE v. FEDERAL TRADE COMMISSION
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2018cv00580
Date Filed2018-03-15
Date Closed2019-09-25
JudgeJudge Emmet G. Sullivan
PlaintiffCAUSE OF ACTION INSTITUTE
Case DescriptionCause of Action Institute submitted two FOIA requests to the Federal Trade Commission for records concerning FTC Attorney Robin Rock, including records that contained terms referring to Cause of Action Institute. The agency acknowledged receipt of the requests and told Cause of Action Institute it was taking a 10-day extension to process its first FOIA request. The second FOIA request asked for records with references pertaining to Cause of Action Institute. COA agreed to pay up to $2,500 for the costs of processing that request. The agency told COA that it was taking a 10-day extension to respond to its second FOIA request as well. After hearing nothing further from the agency pertaining to either request, Cause of Action Institute filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantFEDERAL TRADE 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
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2018-03-151COMPLAINT against FEDERAL TRADE COMMISSION ( Filing fee $ 400 receipt number 0090-5374738) filed by CAUSE OF ACTION INSTITUTE. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Civil Cover Sheet, # 8 Summons FTC, # 9 Summons AG, # 10 Summons Clerk)(Bolinder, Eric) (Entered: 03/15/2018)
2018-03-152Corporate Disclosure Statement by CAUSE OF ACTION INSTITUTE. (Bolinder, Eric) (Entered: 03/15/2018)
2018-03-153NOTICE of Appearance by Ryan Patrick Mulvey on behalf of CAUSE OF ACTION INSTITUTE (Mulvey, Ryan) (Entered: 03/15/2018)
2018-03-15Case Assigned to Judge Emmet G. Sullivan. (zsb) (Entered: 03/15/2018)
2018-03-154SUMMONS (3) Issued Electronically as to FEDERAL TRADE COMMISSION, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(zsb) (Entered: 03/15/2018)
2018-03-165STANDING 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 03/16/18. (Attachment: # 1 Exhibit 1) (mac) (Entered: 03/16/2018)
2018-03-306RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. FEDERAL TRADE COMMISSION served on 3/19/2018 (Bolinder, Eric) (Entered: 03/30/2018)
2018-03-307RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 3/20/2018. (Bolinder, Eric) (Entered: 03/30/2018)
2018-04-028RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 4/2/2018. Answer due for ALL FEDERAL DEFENDANTS by 5/2/2018. (Bolinder, Eric) (Entered: 04/02/2018)
2018-05-029ANSWER to Complaint by FEDERAL TRADE COMMISSION.(Hendry, Melanie) (Entered: 05/02/2018)
2018-06-12MINUTE 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 July 12, 2018. 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 6/12/2018. (lcegs3) (Entered: 06/12/2018)
2018-06-13Set/Reset Deadlines: Joint Scheduling Order due by 7/12/2018. (mac) (Entered: 06/13/2018)
2018-07-1210Joint STATUS REPORT and Proposed Schedule by FEDERAL TRADE COMMISSION. (Hendry, Melanie) (Entered: 07/12/2018)
2018-07-16MINUTE ORDER in view of 10 joint status report, the defendant shall release responsive, non-exempt records every 30 days, with the first release by no later than August 13, 2018. The parties are directed to file another joint status report on August 30, 2018 to advise the Court on the parties' progress. Signed by Judge Emmet G. Sullivan on 7/16/2018. (lcegs3) (Entered: 07/16/2018)
2018-07-16Set/Reset Deadlines: Joint Status Report due by 8/30/2018. (mac) (Entered: 07/16/2018)
2018-08-3011Joint STATUS REPORT by CAUSE OF ACTION INSTITUTE. (Bolinder, Eric) (Entered: 08/30/2018)
2018-09-04MINUTE ORDER in view of 11 joint status report, the parties are directed to file another joint status report by no later than October 31, 2018 advising the Court of the parties' progress. Signed by Judge Emmet G. Sullivan on 9/4/2018. (lcegs3) (Entered: 09/04/2018)
2018-09-04Set/Reset Deadlines: Joint Status Report due by 10/31/2018. (mac) (Entered: 09/04/2018)
2018-10-3112Joint STATUS REPORT by FEDERAL TRADE COMMISSION. (Hendry, Melanie) (Entered: 10/31/2018)
2018-11-02MINUTE ORDER in view of 12 joint status report, the parties are directed to file another joint status report by no later than November 14, 2018. The government shall include the number of remaining documents to be processed and the anticipated date of completed production of all non-exempt responsive records. Signed by Judge Emmet G. Sullivan on 11/2/2018. (lcegs3) (Entered: 11/02/2018)
2018-11-02Set/Reset Deadlines: Joint Status Report due by 11/14/2018. (mac) (Entered: 11/02/2018)
2018-11-1413Joint STATUS REPORT by CAUSE OF ACTION INSTITUTE. (Bolinder, Eric) (Entered: 11/14/2018)
2018-11-15MINUTE ORDER. The Court has considered the parties' positions, as set forth in 13 joint status report. The Court hereby orders the defendant to finalize production and release all non-exempt responsive records by no later than February 15, 2019. The parties are directed to file a joint status report by no later than February 22, 2019 recommending next steps for further proceedings. Signed by Judge Emmet G. Sullivan on 11/15/2018. (lcegs3) (Entered: 11/15/2018)
2018-11-16Set/Reset Deadlines: Joint Status Report due by 2/22/2019. (mac) (Entered: 11/16/2018)
2019-02-2214Joint STATUS REPORT by FEDERAL TRADE COMMISSION. (Hendry, Melanie) (Entered: 02/22/2019)
2019-02-22MINUTE ORDER. In view of the 14 Joint Status Report, the parties shall meet and confer, and file a joint proposed summary judgment briefing schedule by no later than March 8, 2019. The Court declines to adopt Plaintiff's proposal for a status conference substantially for the reasons set forth in Defendant's proposal. Signed by Judge Emmet G. Sullivan on 2/22/2019. (lcegs3) (Entered: 02/22/2019)
2019-02-25Set/Reset Deadlines: Joint Proposed Summary Judgment Briefing Schedule due by 3/8/2019. (mac) (Entered: 02/25/2019)
2019-03-0615PROPOSED BRIEFING SCHEDULE (Joint) by FEDERAL TRADE COMMISSION. (Hudak, Brian) (Entered: 03/06/2019)
2019-03-08MINUTE ORDER. In view of the 15 Joint Proposed Briefing Schedule, the parties shall adhere to the following briefing schedule: (1) Defendant shall file its motion for summary judgment by no later than April 19, 2019; (2) Plaintiff shall file its opposition and cross-motion for summary judgment by no later than May 20, 2019; (3) Defendant shall file its opposition to Plaintiff's cross-motion for summary judgment and reply in support of its motion for summary judgment by no later than June 20, 2019; and (4) Plaintiff shall file its reply in support of its cross-motion for summary judgment by no later than July 15, 2019. Signed by Judge Emmet G. Sullivan on 3/8/2019. (lcegs3) (Entered: 03/08/2019)
2019-03-08Set/Reset Deadlines: Defendant Motion For Summary Judgment due by 4/19/2019. Plaintiff Opposition And Cross-Motion For Summary Judgment due by 5/20/2019. Defendant Opposition To Plaintiff's Cross-Motion For Summary Judgment And Reply In Support Of Its Motion For Summary Judgment due by 6/20/2019. Plaintiff Reply In Support Of Its Cross-Motion For Summary Judgment due by 7/15/2019. (mac) (Entered: 03/08/2019)
2019-04-1816Consent MOTION for Extension of Time to File Summary Judgment Motion by FEDERAL TRADE COMMISSION (Hendry, Melanie) (Entered: 04/18/2019)
2019-04-24MINUTE ORDER granting 16 Defendant's Consent Motion for Extension of Time to File Summary Judgment Motion. The parties shall adhere to the following modified briefing schedule: (1) Defendant shall file its motion for summary judgment by no later than May 17, 2019; (2) Plaintiff shall file its opposition and cross-motion for summary judgment by no later than June 20, 2019; (3) Defendant shall file its opposition to Plaintiff's cross-motion for summary judgment and reply in support of its motion for summary judgment by no later than July 22, 2019; and (4) Plaintiff shall file its reply in support of its cross-motion for summary judgment by no later than August 12, 2019. Signed by Judge Emmet G. Sullivan on 4/24/2019. (lcegs3) (Entered: 04/24/2019)
2019-04-24Set/Reset Deadlines: Defendant Motion For Summary Judgment due by 5/17/2019. Plaintiff Opposition And Cross-Motion For Summary Judgment due by 6/20/2019. Defendant Opposition To Plaintiff's Cross-Motion For Summary Judgment And Reply In Support Of Its Motion For Summary Judgment due by 7/22/2019. Plaintiff Reply In Support Of Its Cross-Motion For Summary Judgment due by 8/12/2019. (mac) (Entered: 04/24/2019)
2019-05-1617MOTION for Extension of Time to File Summary Judgment Motion by FEDERAL TRADE COMMISSION (Hendry, Melanie) (Entered: 05/16/2019)
2019-05-1718Memorandum in opposition to re 17 MOTION for Extension of Time to File Summary Judgment Motion filed by CAUSE OF ACTION INSTITUTE. (Attachments: # 1 Text of Proposed Order)(Mulvey, Ryan) (Entered: 05/17/2019)
2019-05-17MINUTE ORDER granting over objection 17 Defendant's Motion for Extension of Time. Any future requests for extensions of time based on workload will be viewed with disfavor. See Minute Order, Matta v. O'Neill, No. 02-cv-862 (D.D.C. Mar. 2, 2005) (granting a party's motion for an extension of time; ordering no further extensions based on workload). The parties shall adhere to the following modified briefing schedule: (1) Defendant shall file its motion for summary judgment by no later than June 21, 2019; (2) Plaintiff shall file its opposition and cross-motion for summary judgment by no later than July 22, 2019; (3) Defendant shall file its opposition to Plaintiff's cross-motion for summary judgment and reply in support of its motion for summary judgment by no later than August 22, 2019; and (4) Plaintiff shall file its reply in support of its cross-motion for summary judgment by no later than September 12, 2019. Signed by Judge Emmet G. Sullivan on 5/17/2019. (lcegs3) (Entered: 05/17/2019)
2019-05-20Set/Reset Deadlines: Defendant Motion For Summary Judgment due by 6/21/2019. Plaintiff Opposition And Cross-Motion For Summary Judgment due by 7/22/2019. Defendant Opposition To Plaintiff's Cross-Motion For Summary Judgment And Reply In Support Of Its Motion For Summary Judgment due by 8/22/2019. Plaintiff Reply In Support Of Its Cross-Motion For Summary Judgment due by 9/12/2019. (mac) (Entered: 05/20/2019)
2019-06-2119MOTION for Summary Judgment by FEDERAL TRADE COMMISSION (Attachments: # 1 Declaration of Dione Jackson Stearns, # 2 Statement of Facts)(Hendry, Melanie) (Entered: 06/21/2019)
2019-07-1720Consent MOTION for Extension of Time to File Opposition and Motion for Summary Judgment by CAUSE OF ACTION INSTITUTE (Attachments: # 1 Text of Proposed Order)(Bolinder, Eric) (Entered: 07/17/2019)
2019-07-18MINUTE ORDER. In light of 20 Plaintiff's Consent Motion for Extension of Time to File Opposition and Motion for Summary Judgment, the Court holds in abeyance 19 Defendant's Motion for Summary Judgment and stays further briefing on Defendant's motion for summary judgment in order for the parties to engage in settlement discussions. See Furniture Brands Int'l Inc. v. U.S. Int'l Trade Comm'n, No. 11-202, 2011 WL 10959877, at *1 (D.D.C. Apr. 8, 2011) ("[St]aying further briefing of the plaintiff's summary judgment motion will allow the parties to avoid the unnecessary expense, the undue burden, and the expenditure of time to brief a motion that the Court may not decide."). The Court finds as moot Plaintiff's request for an extension of time. The parties are directed to submit a joint status report by no later than August 22, 2019, updating the Court as to whether further litigation will be necessary and proposing a briefing schedule, if appropriate. Signed by Judge Emmet G. Sullivan on 7/18/2019. (lcegs3) (Entered: 07/18/2019)
2019-07-18Set/Reset Deadlines: Joint Status Report due by 8/22/2019. (mac) (Entered: 07/18/2019)
2019-08-0721NOTICE OF SUBSTITUTION OF COUNSEL by John Moustakas on behalf of FEDERAL TRADE COMMISSION Substituting for attorney Melanie Hendry (Moustakas, John) (Entered: 08/07/2019)
2019-08-2222Joint STATUS REPORT by CAUSE OF ACTION INSTITUTE. (Bolinder, Eric) (Entered: 08/22/2019)
2019-08-28MINUTE ORDER. In view of the 22 Joint Status Report, the parties are directed to submit a joint status report by no later than September 30, 2019, updating the Court as to whether further litigation will be necessary and, if appropriate, proposing a briefing schedule. The briefing on Defendant's motion for summary judgment shall remain stayed as the parties evaluate Defendant's supplemental disclosure of records and engage in settlement discussions. Signed by Judge Emmet G. Sullivan on 8/28/2019. (lcegs3) (Entered: 08/28/2019)
2019-08-29Set/Reset Deadlines: Joint Status Report due by 9/30/2019. (mac) (Entered: 08/29/2019)
2019-09-2523STIPULATION of Dismissal by CAUSE OF ACTION INSTITUTE. (Mulvey, Ryan) (Entered: 09/25/2019)
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by FOIA Project Staff
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