Case Detail

FOIA Project Annotation: Judge James Robertson has dismissed an FOIA suit filed by Wenyi Wang for lack of jurisdiction to the extent that Wang appears to have been asking the White House Press Office for information concerning the identity of a cameraman from China Central Television who allegedly accosted her during the visit of Chinese President Hu Jintao. Robertson pointed out that the test developed in Soucie v. David, 448 F.2d 1067 (D.C. Cir. 1971) was used to determine if a component within the Executive Office of the President was an agency for purposes of FOIA. Under Soucie, a component is not an agency if "its sole function is to advise and assist the President in discharging his independent authority." Applying that definition to the White House Press Office, Robertson concluded that "its role is to help the President communicated effectively with the media (or not), and to advise him on questions of public relations. It is therefore not an 'agency' within the meaning of FOIA, and I do not have subject matter jurisdiction over a suit seeking the FOIA release of documents from it."
Issues: Agency - Federal

Date Filed	Doc #	Docket Text
2007-05-11	1	COMPLAINT against EXECUTIVE OFFICE OF THE PRESIDENT ( Filing fee $ 350, receipt number 4616004229) filed by WENYI WANG. (Attachments: # 1 Civil Cover Sheet)(lc, ) (Entered: 05/14/2007)
2007-05-11		SUMMONS (3) Issued as to EXECUTIVE OFFICE OF THE PRESIDENT, U.S. Attorney and U.S. Attorney General (lc, ) (Entered: 05/14/2007)
2007-05-11	2	NOTICE of Address by WENYI WANG (nmw, ) (Entered: 05/14/2007)
2007-06-19	3	NOTICE of Appearance by Eric J. Soskin on behalf of EXECUTIVE OFFICE OF THE PRESIDENT (Soskin, Eric) (Entered: 06/19/2007)
2007-06-21	4	MOTION to Dismiss for Lack of Jurisdiction by EXECUTIVE OFFICE OF THE PRESIDENT (Attachments: # 1 Text of Proposed Order)(Soskin, Eric) (Entered: 06/21/2007)
2007-07-05	5	Memorandum in opposition to re 4 MOTION to Dismiss for Lack of Jurisdiction filed by WENYI WANG. (Katz, Jonathan) (Entered: 07/05/2007)
2007-07-07	6	ENTERED IN ERROR.....NOTICE Declaration of Service by WENYI WANG (Attachments: # 1 Exhibit Rceipt for EOP# 2 Exhibit Rct for U.S. Atty# 3 Exhibit Rct for DOJ)(Katz, Jonathan) Modified on 7/9/2007 (lc, ). (Entered: 07/07/2007)
2007-07-07	7	ENTERED IN ERROR.....NOTICE Corrected Declaration of Service by WENYI WANG re 6 Notice (Other) (Attachments: # 1 Exhibit Cert Mail Rcts# 2 Exhibit EOP Rct# 3 Exhibit US Atty Rct# 4 Exhibit DOJ Rct)(Katz, Jonathan) Modified on 7/9/2007 (lc, ). (Entered: 07/07/2007)
2007-07-09		NOTICE OF CORRECTED DOCKET ENTRY: re 7 Notice (Other), Notice (Other), 6 Notice (Other) was entered in error and counsel was instructed to refile returns of service in the correct category. (lc, ) (Entered: 07/09/2007)
2007-07-09	8	SUMMONS Returned Executed by WENYI WANG. EXECUTIVE OFFICE OF THE PRESIDENT served on 5/21/2007, answer due 6/20/2007. (Attachments: # 1 Exhibit Bush Receipt# 2 Exhibit Taylor Receipt# 3 Exhibit DOJ Receipt)(Katz, Jonathan) (Entered: 07/09/2007)
2007-07-12	9	REPLY to opposition to motion re 4 MOTION to Dismiss for Lack of Jurisdiction filed by EXECUTIVE OFFICE OF THE PRESIDENT. (Soskin, Eric) (Entered: 07/12/2007)
2007-07-12	10	Consent MOTION for Extension of Time to File Answer or Otherwise Respond by One Day by EXECUTIVE OFFICE OF THE PRESIDENT (Attachments: # 1 Exhibit A# 2 Text of Proposed Order)(Soskin, Eric) (Entered: 07/12/2007)
2007-07-16		MINUTE ORDER granting defendant's consented motion for the time to answer be extended by one day to June 21, 2007 10 and that defendant's motion to dismiss 4 is timely filed. Signed by Judge James Robertson on July 16, 2007. (MT) (Entered: 07/16/2007)
2008-01-18	11	MEMORANDUM. Signed by Judge James Robertson on January 18, 2008. (MT) (Entered: 01/18/2008)
2008-01-18	12	ORDER granting defendant's motion to dismiss for lack of jurisdiction 4 . Signed by Judge James Robertson on January 18, 2008. (MT) (Entered: 01/18/2008)
2008-02-04	13	MOTION to Amend/Correct 12 Order on Motion to Dismiss/Lack of Jurisdiction, MOTION to Alter Judgment by WENYI WANG (Katz, Jonathan) (Entered: 02/04/2008)
2008-02-15	14	Memorandum in opposition to re 13 MOTION to Amend/Correct 12 Order on Motion to Dismiss/Lack of Jurisdiction MOTION to Alter Judgment filed by EXECUTIVE OFFICE OF THE PRESIDENT. (Attachments: # 1 Text of Proposed Order)(Soskin, Eric) (Entered: 02/15/2008)
2008-02-21		ENTERED IN ERROR.....Minute Entry for proceedings held before Judge Ricardo M. Urbina: Initial Status Hearing held on 2/21/2008, ( Motions to Amend Pleadings or Join Parties due by 3/21/2008. Oppositions are due by 4/4/2008. Replies are due by 4/11/2008. Proponent's Rule 26 (a)(2)(B) due by 4/21/2008. Opponent's Rule 26 (a)(2)(B) due by 5/21/2008. Discovery due by 6/20/2008. Interim Status Hearing is scheduled for 6/30/2008 at 9:45 A.M. in Courtroom 30, Annex Building, Sixth Floor, before Judge Ricardo M. Urbina. Case referred to Magistrate Judge Alan Kay for settlement discussions. A Settlement Conference is scheduled for 6/30/2008 at 11:00 A.M. in Chambers before Magistrate Judge Alan Kay. Dispositive Motions are due by 7/30/2008. Oppositions to Dispositive Motions are due by 8/29/2008. Replies to Oppositions to Dispositive Motions are due by 9/12/2008. (Court Reporter Wendy Ricard.) (jwd/tg ) Modified on 2/21/2008 (tg, ). (Entered: 02/21/2008)
2008-02-21		NOTICE OF CORRECTED DOCKET ENTRY: re Minute Entry re Status Conference was entered in error in the wrong case. Please disregard the deadlines set. (tg, ) (Entered: 02/21/2008)
2008-02-26		MINUTE ORDER denying plaintiff's motion to amend/correct and motion to alter judgment 13 . Signed by Judge James Robertson on February 26,2008. (MT) (Entered: 02/26/2008)
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