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Case TitleCENTER FOR PUBLIC INTEGRITY v. U.S. DEPARTMENT OF COMMERCE
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2018cv01077
Date Filed2018-05-08
Date Closed2020-07-13
JudgeJudge Emmet G. Sullivan
PlaintiffCENTER FOR PUBLIC INTEGRITY
Case DescriptionThe Center for Public Integrity submitted a FOIA request to the Department of Commerce for records concerning communications between Secretary Wilbur Ross and his staff mentioning Diamond S Shipping, Navigator Holdings, or transoceanic shipping. The agency acknowledged receipt of the request, but after hearing nothing further from the agency, the Center for Public Integrity filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantU.S. DEPARTMENT OF COMMERCE
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2018-05-081COMPLAINT against U.S. DEPARTMENT OF COMMERCE ( Filing fee $ 400 receipt number 0090-5468270) filed by CENTER FOR PUBLIC INTEGRITY. (Attachments: # 1 Civil Cover Sheet, # 2 Summons to Dept of Commerce, # 3 Summons to US Atty, # 4 Summons to Atty Gen)(Smith, Peter) (Attachment 1 replaced on 5/9/2018) (zmd). (Entered: 05/08/2018)
2018-05-082LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by CENTER FOR PUBLIC INTEGRITY (Smith, Peter) (Main Document 2 replaced on 5/9/2018) (zmd). (Entered: 05/08/2018)
2018-05-083NOTICE OF RELATED CASE by CENTER FOR PUBLIC INTEGRITY. Case related to Case No. 17-2426. (Smith, Peter) (Main Document 3 replaced on 5/9/2018) (zmd). (Entered: 05/08/2018)
2018-05-08Case Assigned to Judge Emmet G. Sullivan. (zmd) (Entered: 05/09/2018)
2018-05-104STANDING 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 05/10/18. (Attachment: # 1 Exhibit 1) (zmac) (Entered: 05/10/2018)
2018-05-115SUMMONS (3) Issued Electronically as to U.S. DEPARTMENT OF COMMERCE, U.S. Attorney and U.S. Attorney General. (Attachments: # 1 Notice and Consent) (zmd) (Entered: 05/11/2018)
2018-05-146RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 5/14/2018. Answer due for ALL FEDERAL DEFENDANTS by 6/13/2018. (Smith, Peter) (Entered: 05/14/2018)
2018-05-217RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF COMMERCE served on 5/21/2018, RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 05/21/2018. (Attachments: # 1 Exhibit Return Receipt - Commerce Dep't, # 2 Exhibit Return Receipt - Attorney General)(Smith, Peter) (Entered: 05/21/2018)
2018-06-118NOTICE of Appearance by Alexander Daniel Shoaibi on behalf of U.S. DEPARTMENT OF COMMERCE (Shoaibi, Alexander) (Entered: 06/11/2018)
2018-06-119First MOTION for Extension of Time to Respond to Complaint by U.S. DEPARTMENT OF COMMERCE (Shoaibi, Alexander) (Entered: 06/11/2018)
2018-06-1210RESPONSE re 9 First MOTION for Extension of Time to Respond to Complaint filed by CENTER FOR PUBLIC INTEGRITY. (Smith, Peter) (Entered: 06/12/2018)
2018-06-2511ANSWER to Complaint by U.S. DEPARTMENT OF COMMERCE.(Shoaibi, Alexander) (Entered: 06/25/2018)
2018-07-13MINUTE 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 August 1, 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. The parties are FURTHER ORDERED to show cause why the case should not be consolidated with related civil case number 17-2426 by no later than August 1, 2018. Signed by Judge Emmet G. Sullivan on 7/13/2018. (lcegs3) (Entered: 07/13/2018)
2018-08-0112MOTION for Extension of Time to comply with the Court's Minute Order of July 13, 2018, by CENTER FOR PUBLIC INTEGRITY (Attachments: # 1 Text of Proposed Order)(Smith, Peter) (Entered: 08/01/2018)
2018-08-02MINUTE ORDER treating as opposed and granting 12 plaintiff's motion for an extension of time. The parties shall comply with the Court's minute order dated July 13, 2018, by no later than August 10, 2018. Signed by Judge Emmet G. Sullivan on 8/2/2018. (lcegs2) (Entered: 08/02/2018)
2018-08-03Set/Reset Deadlines: Joint Proposed Scheduling Order due by 8/10/2018. (mac) (Entered: 08/03/2018)
2018-08-1013Joint STATUS REPORT by U.S. DEPARTMENT OF COMMERCE. (McBride, Patricia) (Entered: 08/10/2018)
2018-08-10MINUTE ORDER. In light of 13 the parties' joint status report, the parties are ordered to submit a further joint status report by no later than August 31, 2018. Signed by Judge Emmet G. Sullivan on 8/8/2018. (lcegs2) (Entered: 08/10/2018)
2018-08-13Set/Reset Deadlines: Joint Status Report due by 8/31/2018. (mac) (Entered: 08/13/2018)
2018-08-3114Joint STATUS REPORT by CENTER FOR PUBLIC INTEGRITY. (Smith, Peter) (Entered: 08/31/2018)
2018-08-31MINUTE ORDER. In light of 14 the parties' joint status report, the parties are ordered to submit a further joint status report by no later than September 24, 2018. Signed by Judge Emmet G. Sullivan on 8/31/2018. (lcegs2) (Entered: 08/31/2018)
2018-09-04Set/Reset Deadlines: Joint Status Report due by 9/24/2018. (mac) (Entered: 09/04/2018)
2018-09-2415Joint STATUS REPORT by U.S. DEPARTMENT OF COMMERCE. (McBride, Patricia) (Entered: 09/24/2018)
2018-09-2416NOTICE OF SUBSTITUTION OF COUNSEL by Patricia K. McBride on behalf of U.S. DEPARTMENT OF COMMERCE Substituting for attorney Alexander Shoabi (McBride, Patricia) (Entered: 09/24/2018)
2018-09-28MINUTE ORDER. In light of 15 the parties' joint status report, the parties are directed to file a further joint status report by no later than November 20, 2018. Signed by Judge Emmet G. Sullivan on 9/28/2018. (lcegs2) (Entered: 09/28/2018)
2018-09-28Set/Reset Deadlines: Joint Status Report due by 11/20/2018. (mac) (Entered: 09/28/2018)
2018-11-2017STATUS REPORT by U.S. DEPARTMENT OF COMMERCE. (McBride, Patricia) (Entered: 11/20/2018)
2018-12-03MINUTE ORDER directing defendants to file a joint status report by no later than December 20, 2018. The status report shall include the expected completion date for document review, and the number of documents still in processing. Signed by Judge Emmet G. Sullivan on 12/3/2018. (lcegs2) (Entered: 12/03/2018)
2018-12-03Set/Reset Deadlines: Joint Status Report due by 12/20/2018. (mac) (Entered: 12/03/2018)
2018-12-2018STATUS REPORT by U.S. DEPARTMENT OF COMMERCE. (Attachments: # 1 Text of Proposed Order)(McBride, Patricia) (Entered: 12/20/2018)
2018-12-2019ENTERED IN ERROR.....STATUS REPORT by CENTER FOR PUBLIC INTEGRITY. (Attachments: # 1 Text of Proposed Order)(Smith, Peter) Modified on 12/21/2018 (jf). (Entered: 12/20/2018)
2018-12-2020RESPONSE re 18 Status Report filed by CENTER FOR PUBLIC INTEGRITY. (Attachments: # 1 Text of Proposed Order)(jf) (Entered: 12/21/2018)
2018-12-21NOTICE OF CORRECTED DOCKET ENTRY: Document No. re 19 Status Report was entered in error and refiled by Clerk's Office under the correct category. (jf) (Entered: 12/21/2018)
2019-01-02MINUTE ORDER. Upon consideration of the defendant's status report and the response thereto, the parties are directed to file a further status report by no later than January 24, 2019. The status report shall include the outstanding number of documents remaining for processing and production, if any. The parties are further directed to include a joint proposed production schedule for the remaining documents. If the parties cannot agree on a joint schedule, each party shall file a separate proposed schedule. Signed by Judge Emmet G. Sullivan on 1/2/2019. (lcegs2) (Entered: 01/02/2019)
2019-01-03Set/Reset Deadlines: Further Status Report due by 1/24/2019. (mac) (Entered: 01/03/2019)
2019-01-2321Consent MOTION to Stay , MOTION for Extension of Time to in Light of Lapse of Appropriations by U.S. DEPARTMENT OF COMMERCE (Attachments: # 1 Text of Proposed Order)(Hudak, Brian) (Entered: 01/23/2019)
2019-01-25MINUTE ORDER denying motion to stay and granting extension to file joint status report. The parties are directed to file a joint status report with a recommendation for further proceedings by no later than February 18, 2019. Signed by Judge Emmet G. Sullivan on 1/25/2019. (lcegs2) (Entered: 01/25/2019)
2019-01-28Set/Reset Deadlines: Joint Status Report due by 2/18/2019. (mac) (Entered: 01/28/2019)
2019-02-1922Joint STATUS REPORT by U.S. DEPARTMENT OF COMMERCE. (McBride, Patricia) (Entered: 02/19/2019)
2019-03-04MINUTE ORDER. In light of 22 the parties' joint status report, the parties are directed to file a further joint status report by no later than April 4, 2019. Signed by Judge Emmet G. Sullivan on 3/4/2019. (lcegs2) (Entered: 03/04/2019)
2019-03-05Set/Reset Deadlines: Joint Status Report due by 4/4/2019. (mac) (Entered: 03/05/2019)
2019-04-0423STATUS REPORT by CENTER FOR PUBLIC INTEGRITY. (Attachments: # 1 Text of Proposed Order)(Smith, Peter) (Entered: 04/04/2019)
2019-04-0424STATUS REPORT by U.S. DEPARTMENT OF COMMERCE. (McBride, Patricia) (Entered: 04/04/2019)
2019-04-05MINUTE ORDER. Upon consideration of the parties' joint status reports, the Court directs the defendant to complete its production of non-exempt records responsive to Plaintiff's request by no later than May 1, 2019. The parties are further directed to file a joint status report with a recommendation for further proceedings by no later than May 8, 2019. Signed by Judge Emmet G. Sullivan on 4/5/2019. (lcegs2) (Entered: 04/05/2019)
2019-04-05Set/Reset Deadlines: Joint Status Report due by 5/8/2019. (mac) (Entered: 04/05/2019)
2019-05-0825Joint STATUS REPORT by U.S. DEPARTMENT OF COMMERCE. (McBride, Patricia) (Entered: 05/08/2019)
2019-05-08MINUTE ORDER. In light of 25 the parties' joint status report, the parties are directed to file a further joint status report by no later than June 7, 2019. Signed by Judge Emmet G. Sullivan on 5/8/2019. (lcegs2) (Entered: 05/08/2019)
2019-05-09Set/Reset Deadlines: Joint Status Report due by 6/7/2019. (mac) (Entered: 05/09/2019)
2019-06-0726Joint STATUS REPORT by CENTER FOR PUBLIC INTEGRITY. (Smith, Peter) (Entered: 06/07/2019)
2019-06-10MINUTE ORDER. In light of 26 the parties' joint status report, the parties are directed to file a further joint status report by no later than July 12, 2019. Signed by Judge Emmet G. Sullivan on 6/10/2019. (lcegs2) (Entered: 06/10/2019)
2019-06-11Set/Reset Deadlines: Further Joint Status Report due by 7/12/2019. (mac) (Entered: 06/11/2019)
2019-07-1227Joint STATUS REPORT by U.S. DEPARTMENT OF COMMERCE. (McBride, Patricia) (Entered: 07/12/2019)
2019-07-13MINUTE ORDER. In light of 27 the parties' joint status report, the parties are directed to file a further joint status report by no later than August 16, 2019. Signed by Judge Emmet G. Sullivan on 7/13/2019.(lcegs2) (Entered: 07/13/2019)
2019-07-15Set/Reset Deadlines: Further Joint Status Report due by 8/16/2019. (mac) (Entered: 07/15/2019)
2019-08-1628Joint STATUS REPORT by U.S. DEPARTMENT OF COMMERCE. (McBride, Patricia) (Entered: 08/16/2019)
2019-09-03MINUTE ORDER. In light of 28 the parties' joint status report, the parties are directed to file a further joint status report by no later than September 17, 2019. Signed by Judge Emmet G. Sullivan on 9/3/2019. (lcegs2) (Entered: 09/03/2019)
2019-09-03Set/Reset Deadlines: Further Joint Status Report due by 9/17/2019. (mac) (Entered: 09/03/2019)
2019-09-1729MOTION for Extension of Time to File Joint Status Report by CENTER FOR PUBLIC INTEGRITY (Smith, Peter) (Entered: 09/17/2019)
2019-09-1830Joint STATUS REPORT by U.S. DEPARTMENT OF COMMERCE. (McBride, Patricia) (Entered: 09/18/2019)
2019-09-18MINUTE ORDER granting 29 motion for extension of time. The parties shall file a joint status report by no later than October 17, 2019 with a recommendation for further proceedings. Signed by Judge Emmet G. Sullivan on 9/18/2019. (lcegs2) (Entered: 09/18/2019)
2019-09-19Set/Reset Deadlines: Joint Status Report due by 10/17/2019. (mac) (Entered: 09/19/2019)
2019-10-1731Joint STATUS REPORT by CENTER FOR PUBLIC INTEGRITY. (Smith, Peter) (Entered: 10/17/2019)
2019-10-18MINUTE ORDER. In view of 31 the parties' joint status report, the parties are directed to file a further joint status report by no later than November 21, 2019. Signed by Judge Emmet G. Sullivan on 10/18/2019. (lcegs2) (Entered: 10/18/2019)
2019-10-18Set/Reset Deadlines/Hearings: Joint Status Report due by 11/21/2019. (zcdw) (Entered: 10/20/2019)
2020-01-15MINUTE ORDER directing the parties to show cause for why they should not be held in contempt of Court for disregarding the Court's Order to submit a joint status report by no later than November 21, 2019. Signed by Judge Emmet G. Sullivan on 01/15/2020. (lcegs2) (Entered: 01/15/2020)
2020-01-1532STATUS REPORT by U.S. DEPARTMENT OF COMMERCE. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(McBride, Patricia) (Entered: 01/15/2020)
2020-01-1533ERRATA Correcting Status Report by U.S. DEPARTMENT OF COMMERCE. (McBride, Patricia) (Entered: 01/15/2020)
2020-01-1535MOTION Not to hold in contempt by U.S. DEPARTMENT OF COMMERCE (ztd); (See docket entry no. 33 to view.) (Entered: 01/16/2020)
2020-01-16Set/Reset Deadlines: Joint Status Report due by 11/21/2019. (mac) (Entered: 01/16/2020)
2020-01-1634RESPONSE re 33 to Defendant's Status Report filed by CENTER FOR PUBLIC INTEGRITY. (Smith, Peter) Modified event title and link on 1/22/2020 (znmw). (Entered: 01/16/2020)
2020-01-16MINUTE ORDER. In light of 32 Defendant's response and 34 Plaintiff's response to this Court's January 15, 2020 Minute Order, the order to show cause is discharged. The parties shall file a joint status report by no later than February 27, 2020. Signed by Judge Emmet G. Sullivan on 01/16/2020. (lcegs2) (Entered: 01/16/2020)
2020-01-17Set/Reset Deadlines: Joint Status Report due by 2/27/2020. (mac) (Entered: 01/17/2020)
2020-02-2736Joint STATUS REPORT by CENTER FOR PUBLIC INTEGRITY. (Smith, Peter) (Entered: 02/27/2020)
2020-02-28MINUTE ORDER. In view of 36 the parties' joint status report, the parties are directed to file a further joint status report by no later than March 30, 2020, unless a stipulation of dismissal is filed by then. Signed by Judge Emmet G. Sullivan on 2/28/2020. (lcegs2) (Entered: 02/28/2020)
2020-02-28Set/Reset Deadlines: Further Joint Status Report due by 3/30/2020. (mac) (Entered: 02/28/2020)
2020-03-3037Joint STATUS REPORT by U.S. DEPARTMENT OF COMMERCE. (McBride, Patricia) (Entered: 03/30/2020)
2020-03-31MINUTE ORDER. In view of 37 the parties' joint status report, the parties are directed to file a further joint status report by no later than May 8, 2020, unless a stipulation of dismissal is filed by then. Signed by Judge Emmet G. Sullivan on 3/31/2020. (lcegs2) (Entered: 03/31/2020)
2020-04-01Set/Reset Deadlines: Stipulation Of Dismissal Or Joint Status Report due by 5/8/2020. (mac) (Entered: 04/01/2020)
2020-05-0838Joint STATUS REPORT by U.S. DEPARTMENT OF COMMERCE. (McBride, Patricia) (Entered: 05/08/2020)
2020-05-11MINUTE ORDER. In view of 38 the parties' joint status report, the following briefing deadlines shall govern: Plaintiff shall file its Motion for Attorneys' Fees by no later than June 11, 2020, Defendant shall file its Opposition by no later than July 20, 2020; and Plaintiff shall file its Reply by no later than August 13, 2020. Signed by Judge Emmet G. Sullivan on 5/11/2020. (lcegs2) (Entered: 05/11/2020)
2020-05-12Set/Reset Deadlines: Plaintiff Motion For Attorneys' Fees due by 6/11/2020. Defendant Opposition due by 7/20/2020. Plaintiff Reply due by 8/13/2020. (mac) (Entered: 05/12/2020)
2020-06-1139MOTION for Attorney Fees by CENTER FOR PUBLIC INTEGRITY (Attachments: # 1 Declaration of Peter Newbatt Smith, # 2 Exhibit Time Record of Peter Newbatt Smith, # 3 Text of Proposed Order)(Smith, Peter) (Entered: 06/11/2020)
2020-07-1040STIPULATION of Dismissal by U.S. DEPARTMENT OF COMMERCE. (Attachments: # 1 Exhibit Settlement)(McBride, Patricia) (Entered: 07/10/2020)
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