Case Detail

FOIA Project Annotation: Judge Rudolph Contreras has ruled that while GSA's exemption claims in response to two FOIA requests from American Oversight concerning plans to redevelop the headquarters of the FBI were appropriate, its searches were deficient. After publication of a report by the GSA's Inspector General finding that GSA Administrator Emily Murphy misled Congress about the White House's involvement in the initiative to relocate the FBI existing headquarters, American Oversight submitted two FOIA requests. Its first request asked for all communications from certain GSA officials and any person in the White House pertaining to the FBI headquarters consolidation project and included a list of GSA officials and suggested search terms for locating responsive records. American Oversight's second FOIA request asked for all communications between or among GSA officials listed in Column A and Trump Organization individuals or entities listed in Column B. The timeframe for both requests was January 2017 through the date of the search. American Oversight did not contest the exemption claims but instead challenged the adequacy of the agency searches, arguing that the search for records responsive to the request pertaining to the Trump Organization was improperly limited because the agency had misconstrued the request and that neither search was designed to capture non-email communications. American Oversight argued that GSA had improperly limited its Trump Organization request to communications pertaining to the headquarters consolidation project. Contreras agreed, noting that "neither part [of the request] limited itself to a particular topic or subject area," adding that "it is not the agency's role to intuit the 'purpose' of a request and impose a corresponding limitation on the associated search. Rather, 'the agency is bound to read the request as drafted, not as agency officials might wish it was drafted,' and it may not narrow the scope of a FOIA request to exclude materials reasonably within the description provided by the requester." He pointed out that "the agency erred in construing the request as only relating to seeking records pertaining to the FBI headquarters consolidation project." Contreras also agreed that GSA had inappropriately decided to substitute its own search terms for those supplied by American Oversight. He indicated that "when faced with a request like the one at issue here (that is, one where relevancy is defined by a particular set of terms), an agency is not necessarily required to blindly execute the corresponding search. . .But in the absence of a more specific objection or a showing of burden or infeasibility, the agency cannot narrow or redefine the substance of the request and then craft a corresponding set of search terms." Contreras again agreed with American Oversight that the agency had inexplicably failed to search for responsive text and voicemail messages. He noted that "here, GSA does not even mention why it did not attempt to search voicemails or call logs, two formats specifically highlighted by American Oversight's request. Additionally, that the GSA did not 'provide' the relevant employees with text messaging capability or access to messaging systems is not, standing alone, reason to conclude that no relevant agency communications existed in those formats."
Issues: Adequacy - Search

Date Filed	Doc #	Docket Text
2018-10-23	1	COMPLAINT against U.S. GENERAL SERVICES ADMINISTRATION ( Filing fee $ 400 receipt number 0090-5753871) filed by AMERICAN OVERSIGHT. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons, # 4 Summons)(Cafasso, Cerissa) (Entered: 10/23/2018)
2018-10-23	2	LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by AMERICAN OVERSIGHT (Cafasso, Cerissa) (Entered: 10/23/2018)
2018-10-25		Case Assigned to Judge Rudolph Contreras. (zrdj) (Entered: 10/25/2018)
2018-10-25	3	SUMMONS (3) Issued Electronically as to U.S. GENERAL SERVICES ADMINISTRATION, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(zrdj) (Entered: 10/25/2018)
2018-11-15	4	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 10/25/2018. ( Answer due for ALL FEDERAL DEFENDANTS by 11/24/2018.), RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 10/31/2018., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. GENERAL SERVICES ADMINISTRATION served on 10/30/2018 (Cafasso, Cerissa) (Entered: 11/15/2018)
2018-11-16	5	NOTICE of Appearance by Peter T. Wechsler on behalf of U.S. GENERAL SERVICES ADMINISTRATION (Wechsler, Peter) (Entered: 11/16/2018)
2018-11-16	6	Unopposed MOTION for Extension of Time to File Answer by U.S. GENERAL SERVICES ADMINISTRATION (Attachments: # 1 Text of Proposed Order)(Wechsler, Peter) (Entered: 11/16/2018)
2018-11-16		MINUTE ORDER granting 6 Defendant's Unopposed Motion for Extension of Time: it is hereby ORDERED that Defendant shall have until and including December 10, 2018 to file its Answer or otherwise respond to Plaintiff's Complaint. SO ORDERED. Signed by Judge Rudolph Contreras on 11/16/18. (lcrc1) (Entered: 11/16/2018)
2018-11-21		Set/Reset Deadlines: Answer due by 12/10/2018, (tj) (Entered: 11/21/2018)
2018-12-07	7	ANSWER to Complaint by U.S. GENERAL SERVICES ADMINISTRATION.(Wechsler, Peter) (Entered: 12/07/2018)
2018-12-10		MINUTE ORDER: It is hereby ORDERED that the parties shall meet, confer, and submit a proposed briefing schedule on or before December 26, 2018. SO ORDERED. Signed by Judge Rudolph Contreras on 12/10/18. (lcrc1) (Entered: 12/10/2018)
2018-12-10		Set/Reset Deadlines: Proposed Briefing Schedule due by 12/26/2018 (tj) (Entered: 12/10/2018)
2018-12-18	8	NOTICE of Appearance by Hart W. Wood on behalf of AMERICAN OVERSIGHT (Wood, Hart) (Entered: 12/18/2018)
2018-12-18	9	Joint MOTION for Extension of Time to File Proposed Briefing Schedule by AMERICAN OVERSIGHT (Attachments: # 1 Text of Proposed Order)(Wood, Hart) (Entered: 12/18/2018)
2018-12-19		MINUTE ORDER granting 9 Joint Motion for Extension of Time: It is hereby ORDERED that the parties shall meet, confer, and submit a proposed briefing schedule on or before January 3, 2019. Signed by Judge Rudolph Contreras on 12/19/18. (lcrc1) (Entered: 12/19/2018)
2018-12-26	10	MOTION to Stay by U.S. GENERAL SERVICES ADMINISTRATION (Attachments: # 1 Text of Proposed Order)(Wechsler, Peter) (Entered: 12/26/2018)
2019-01-02	11	RESPONSE re 10 MOTION to Stay filed by AMERICAN OVERSIGHT. (Cafasso, Cerissa) (Entered: 01/02/2019)
2019-01-25		MINUTE ORDER granting 10 Motion to Stay: It is hereby ORDERED that this case is STAYED until appropriations are restored to the Department of Justice. It is FURTHER ORDERED that the proposed briefing schedule previously due on January 3, 2019 shall be due within 14 days after restoration of appropriations. SO ORDERED. Signed by Judge Rudolph Contreras on 1/25/19. (lcrc1) (Entered: 01/25/2019)
2019-01-28	12	NOTICE of restoration of appropriations by U.S. GENERAL SERVICES ADMINISTRATION (Wechsler, Peter) (Entered: 01/28/2019)
2019-02-08	13	Joint STATUS REPORT by U.S. GENERAL SERVICES ADMINISTRATION. (Wechsler, Peter) (Entered: 02/08/2019)
2019-02-08		MINUTE ORDER: Upon consideration of 13 the parties' Joint Status Report, it is hereby ORDERED that the parties shall file a joint status report advising the Court further as to the status of this matter by February 27, 2019. SO ORDERED. Signed by Judge Rudolph Contreras on 2/8/19. (lcrc1) (Entered: 02/08/2019)
2019-02-27	14	Joint STATUS REPORT by AMERICAN OVERSIGHT. (Wood, Hart) (Entered: 02/27/2019)
2019-03-18	15	Joint STATUS REPORT by AMERICAN OVERSIGHT. (Wood, Hart) (Entered: 03/18/2019)
2019-03-18		MINUTE ORDER: Upon consideration of 15 the parties' Joint Status Report, it is hereby ORDERED that the parties shall file a joint status report advising the Court further as to the status of this matter by April 3, 2019. SO ORDERED. Signed by Judge Rudolph Contreras on 3/18/19. (lcrc1) (Entered: 03/18/2019)
2019-03-19		Set/Reset Deadlines: Status Report due by 4/3/2019 (tj) (Entered: 03/19/2019)
2019-04-03	16	Joint STATUS REPORT by AMERICAN OVERSIGHT. (Wood, Hart) (Entered: 04/03/2019)
2019-04-03		MINUTE ORDER: Upon consideration of 16 the parties' Joint Status Report, it is hereby ORDERED that the parties shall file a joint status report advising the Court further as to the status of this matter by May 14, 2019. SO ORDERED. Signed by Judge Rudolph Contreras on 4/3/19. (lcrc1) (Entered: 04/03/2019)
2019-04-03		Set/Reset Deadlines: Status Report due by 5/14/2019 (tj) (Entered: 04/03/2019)
2019-05-14	17	Joint STATUS REPORT by U.S. GENERAL SERVICES ADMINISTRATION. (Wechsler, Peter) (Entered: 05/14/2019)
2019-05-14		MINUTE ORDER: Upon consideration of 17 the parties' Joint Status Report, it is hereby ORDERED that the parties shall file a joint status report advising the Court further as to the status of this matter by no later than June 17, 2019. SO ORDERED. Signed by Judge Rudolph Contreras on 5/14/19. (lcrc1) (Entered: 05/14/2019)
2019-05-21		Set/Reset Deadlines: Status Report due by 6/17/2019. (tj) (Entered: 05/21/2019)
2019-06-17	18	Joint STATUS REPORT by AMERICAN OVERSIGHT. (Wood, Hart) (Entered: 06/17/2019)
2019-06-18		MINUTE ORDER: Upon consideration of 18 the parties' Joint Status Report, it is hereby ORDERED that the parties shall file a joint status report advising the Court further as to the status of this matter by no later than July 15, 2019. SO ORDERED. Signed by Judge Rudolph Contreras on 6/18/19. (lcrc1) (Entered: 06/18/2019)
2019-07-15	19	Joint STATUS REPORT by AMERICAN OVERSIGHT. (Wood, Hart) (Entered: 07/15/2019)
2019-07-15		MINUTE ORDER: Upon consideration of 19 the parties' joint status report, it is hereby ORDERED that the parties shall file a joint status report advising the Court further as to the status of this matter by no later than August 15, 2019. SO ORDERED. Signed by Judge Rudolph Contreras on 7/15/19. (lcrc1) (Entered: 07/15/2019)
2019-08-15	20	Joint STATUS REPORT by AMERICAN OVERSIGHT. (Wood, Hart) (Entered: 08/15/2019)
2019-08-15		MINUTE ORDER: Upon consideration of 20 the parties' joint status report, it is hereby ORDERED that the following briefing schedule shall govern further proceedings in this case: Defendant shall file its motion for summary judgment on or before October 1, 2019; Plaintiff shall file its opposition and any cross-motion for summary judgment on or before October 22, 2019; Defendant shall file its reply memorandum and any cross-opposition on or before November 12, 2019; and Plaintiff shall file any reply memorandum on or before November 26, 2019. SO ORDERED. Signed by Judge Rudolph Contreras on 8/15/19. (lcrc1) (Entered: 08/15/2019)
2019-08-16		Set/Reset Deadlines: Cross Motions due by 10/22/2019. Response to Cross Motions due by 11/12/2019. Reply to Cross Motions due by 11/26/2019. Summary Judgment motions due by 10/1/2019. Response to Motion for Summary Judgment due by 10/22/2019. Reply to Motion for Summary Judgment due by 11/12/2019. (tj) (Entered: 08/16/2019)
2019-10-01	21	MOTION for Summary Judgment by U.S. GENERAL SERVICES ADMINISTRATION (Attachments: # 1 Memorandum in Support, # 2 Declaration Travis Lewis, # 3 Statement of Facts, # 4 Text of Proposed Order)(Wechsler, Peter) (Entered: 10/01/2019)
2019-10-22	22	Cross MOTION for Summary Judgment and Opposition to Defendant's Motion for Summary Judgment by AMERICAN OVERSIGHT (Attachments: # 1 Memorandum in Support of Plaintiff's Cross-Motion for Summary Judgment and in Opposition to Defendant's Motion for Summary Judgment, # 2 Text of Proposed Order, # 3 Declaration of Hart Wood in Support of Plaintiff's Cross-Motion for Summary Judgment and in Opposition to Defendant's Motion for Summary Judgment, # 4 Statement of Facts)(Wood, Hart) (Entered: 10/22/2019)
2019-10-22	23	Memorandum in opposition to re 21 MOTION for Summary Judgment filed by AMERICAN OVERSIGHT. (Attachments: # 1 Declaration of Hart Wood in Support of Plaintiff's Cross-Motion for Summary Judgment and in Opposition to Defendant's Motion for Summary Judgment, # 2 Statement of Facts)(Wood, Hart) (Entered: 10/22/2019)
2019-10-23	24	NOTICE OF WITHDRAWAL OF APPEARANCE as to AMERICAN OVERSIGHT. Attorney Cerissa Cafasso terminated. (Cafasso, Cerissa) (Entered: 10/23/2019)
2019-11-12	25	REPLY to opposition to 21 MOTION for Summary Judgment filed by U.S. GENERAL SERVICES ADMINISTRATION. (Attachments: # 1 Declaration Second of Travis Lewis, # 2 Statement of Facts)(Wechsler, Peter); Modified docket entry relationship and text on 11/14/2019 (ztth). (Entered: 11/12/2019)
2019-11-12	26	Memorandum in opposition to 22 Cross MOTION for Summary Judgment filed by U.S. GENERAL SERVICES ADMINISTRATION. (See Docket Entry 25 to view document) (ztth) (Entered: 11/14/2019)
2019-11-14		NOTICE OF ERROR re 25 Reply to opposition to Motion; emailed to peter.wechsler@usdoj.gov, cc'd 3 associated attorneys -- The PDF file you docketed contained errors: 1. Two-part docket entry (ztth, ) (Entered: 11/14/2019)
2019-11-26	27	REPLY to opposition to motion re 22 Cross MOTION for Summary Judgment and Opposition to Defendant's Motion for Summary Judgment filed by AMERICAN OVERSIGHT. (Wood, Hart) (Entered: 11/26/2019)
2020-03-23	28	NOTICE OF SUBSTITUTION OF COUNSEL by Martin M. Tomlinson on behalf of All Defendants Substituting for attorney Peter T. Wechsler (Tomlinson, Martin) (Entered: 03/23/2020)
2020-04-15	29	NOTICE OF SUPPLEMENTAL AUTHORITY by AMERICAN OVERSIGHT (Attachments: # 1 Exhibit A)(Wood, Hart) (Entered: 04/15/2020)
2020-04-21	30	NOTICE OF SUPPLEMENTAL AUTHORITY by AMERICAN OVERSIGHT (Attachments: # 1 Exhibit A)(Wood, Hart) (Entered: 04/21/2020)
2020-08-28	31	ORDER granting in part and denying in part 21 Defendant's Motion for Summary Judgment; granting in part and denying in part 22 Plaintiff's Motion for Summary Judgment. See document for details. Signed by Judge Rudolph Contreras on 8/28/2020. (lcrc1) (Entered: 08/28/2020)
2020-08-28	32	MEMORANDUM OPINION granting in part and denying in part 21 Defendant's Motion for Summary Judgment; granting in part and denying in part 22 Plaintiff's Motion for Summary Judgment. See document for details. Signed by Judge Rudolph Contreras on 8/28/2020. (lcrc1) (Entered: 08/28/2020)
2020-10-26		MINUTE ORDER: It is hereby ORDERED that the parties shall meet, confer, and submit a proposed schedule to govern further proceedings on or before November 9, 2020. SO ORDERED. Signed by Judge Rudolph Contreras on 10/26/2020. (lcrc1) (Entered: 10/26/2020)
2020-10-26		Set/Reset Deadlines: Proposed Schedule due by 11/9/2020 (tj) (Entered: 10/26/2020)
2020-11-09	33	Joint STATUS REPORT by U.S. GENERAL SERVICES ADMINISTRATION. (Tomlinson, Martin) (Entered: 11/09/2020)
2020-11-09		MINUTE ORDER: Upon consideration of 33 the parties' joint status report, it is hereby ORDERED that the parties shall file another joint status report on or before December 9, 2020. SO ORDERED. Signed by Judge Rudolph Contreras on 11/9/2020. (lcrc1) (Entered: 11/09/2020)
2020-11-09		Set/Reset Deadlines: Status Report due by 12/9/2020. (tj) (Entered: 11/09/2020)
2020-12-09	34	Joint STATUS REPORT by U.S. GENERAL SERVICES ADMINISTRATION. (Tomlinson, Martin) (Entered: 12/09/2020)
2020-12-09		MINUTE ORDER: It is hereby ORDERED that, by December 24, 2020, the parties shall meet and confer regarding the status of Defendant's searches for documents responsive to Plaintiff's FOIA requests. It is FURTHER ORDERED that, by January 8, 2021, the parties shall file a joint status report proposing a schedule to govern further proceedings or raising any disputes that have arisen over the scope of Defendant's searches. SO ORDERED. Signed by Judge Rudolph Contreras on 12/9/2020. (lcrc1) (Entered: 12/09/2020)
2020-12-09		Set/Reset Deadlines: Status Report due by 1/8/2021. (tj) (Entered: 12/09/2020)
2021-01-08	35	Joint STATUS REPORT by AMERICAN OVERSIGHT. (Wood, Hart) (Entered: 01/08/2021)
2021-01-08		MINUTE ORDER: Upon consideration of 35 the parties' joint status report, it is hereby ORDERED that the parties shall file another joint status report on or before March 5, 2021. SO ORDERED. Signed by Judge Rudolph Contreras on 1/8/2021. (lcrc1) (Entered: 01/08/2021)
2021-01-08		Set/Reset Deadlines: Status Report due by 3/5/2021. (tj) (Entered: 01/08/2021)
2021-03-05	36	Joint STATUS REPORT by AMERICAN OVERSIGHT. (Wood, Hart) (Entered: 03/05/2021)
2021-03-05		MINUTE ORDER: Upon consideration of 36 the parties' joint status report, it is hereby ORDERED that the parties shall file another joint status report on or before May 4, 2021. SO ORDERED. Signed by Judge Rudolph Contreras on 3/5/2021. (lcrc1) (Entered: 03/05/2021)
2021-03-16	37	NOTICE OF SUBSTITUTION OF COUNSEL by Lisa Ann Olson on behalf of U.S. GENERAL SERVICES ADMINISTRATION Substituting for attorney Martin M. Tomlinson (Olson, Lisa) (Entered: 03/16/2021)
2021-05-04	38	Joint STATUS REPORT by U.S. GENERAL SERVICES ADMINISTRATION. (Olson, Lisa) (Entered: 05/04/2021)
2021-05-04		MINUTE ORDER: Upon consideration of 38 the parties' joint status report, it is hereby ORDERED that the parties shall file another joint status report on or before July 5, 2021. SO ORDERED. Signed by Judge Rudolph Contreras on 5/4/2021. (lcrc1) (Entered: 05/04/2021)
2021-07-05	39	Joint STATUS REPORT by U.S. GENERAL SERVICES ADMINISTRATION. (Olson, Lisa) (Entered: 07/05/2021)
2021-07-06		MINUTE ORDER: Upon consideration of 39 the parties' joint status report, it is hereby ORDERED that the parties shall file another joint status report on or before September 3, 2021. SO ORDERED. Signed by Judge Rudolph Contreras on 7/6/2021. (lcrc1) (Entered: 07/06/2021)
2021-09-03	40	Joint STATUS REPORT by AMERICAN OVERSIGHT. (Wood, Hart) (Entered: 09/03/2021)
2021-09-03		MINUTE ORDER: Upon consideration of 40 the parties' joint status report, it is hereby ORDERED that the parties shall file another joint status report on or before November 2, 2021. SO ORDERED. Signed by Judge Rudolph Contreras on 9/3/2021. (lcrc1) (Entered: 09/03/2021)
2021-09-03		Set/Reset Deadlines: Joint Status Report due by 11/2/2021 (zacr) (Entered: 09/07/2021)
2021-11-02	41	Joint STATUS REPORT by U.S. GENERAL SERVICES ADMINISTRATION. (Olson, Lisa) (Entered: 11/02/2021)
2021-11-02		MINUTE ORDER: Upon consideration of 41 the parties' joint status report, it is hereby ORDERED that the parties shall file another joint status report on or before January 3, 2022. SO ORDERED. Signed by Judge Rudolph Contreras on 11/02/2021. (lcrc1) (Entered: 11/02/2021)
2022-01-03	42	Joint STATUS REPORT by U.S. GENERAL SERVICES ADMINISTRATION. (Olson, Lisa) (Entered: 01/03/2022)
2022-01-03		MINUTE ORDER: Upon consideration of 42 the parties' joint status report, it is hereby ORDERED that the parties shall file another joint status report on or before March 4, 2022. SO ORDERED. Signed by Judge Rudolph Contreras on 01/03/2021. (lcrc1) (Entered: 01/03/2022)
2022-03-04	43	Joint STATUS REPORT by U.S. GENERAL SERVICES ADMINISTRATION. (Olson, Lisa) (Entered: 03/04/2022)
2022-03-04		MINUTE ORDER: Upon consideration of 43 the parties' joint status report, it is hereby ORDERED that the parties shall file another joint status report on or before May 3, 2022. SO ORDERED. Signed by Judge Rudolph Contreras on 03/04/2022. (lcrc1) (Entered: 03/04/2022)
2022-04-28	44	STIPULATION of Dismissal by AMERICAN OVERSIGHT. (Wood, Hart) (Entered: 04/28/2022)
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