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Case TitleTREA SENIOR CITIZENS LEAGUE v. UNITED STATES DEPARTMENT OF STATE
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2010cv01423
Date Filed2010-08-24
Date Closed2014-01-24
JudgeJudge Beryl A. Howell
PlaintiffTREA SENIOR CITIZENS LEAGUE
DefendantUNITED STATES DEPARTMENT OF STATE
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
Opinion/Order [40]
FOIA Project Annotation: Judge Beryl Howell has ruled that the State Department has failed to show that it followed the procedural steps required by the Executive Order on classification for classifying documents after receipt of a FOIA request, and that it has not justified its Exemption 5 (deliberative process privilege) or segregability claims. The TREA Senior Citizens League requested information about the Social Security Totalization Agreement between the United States and Mexico. After the League filed suit, State ultimately located 124 records. The agency disclosed 44 records in full and 43 records in part. It withheld 21 records under Exemption 1 (national security) and Exemption 5. The League argued that several documents appeared to have been classified after receipt of its request. Howell noted that "this argument by the plaintiff, in the Court's view, raises a question as to whether the defendant complied with the requirements of Executive Order 13,526 § 1.7(d) in classifying certain originally unclassified documents (or portions thereof)." She added that "as a result of the defendant's failure to address the fact that certain withheld and disputed documents were originally unclassified but were later classified at an unspecified time, the defendant's compliance with §1.7(d) remains a genuine issue of material fact." Howell indicated that "should the State Department continue to withhold these documents (or portions thereof) under Exemption 1, the agency will be required to submit a supplementary declaration that clarifies (1) whether any of these documents (or portions thereof) were classified after the plaintiff submitted its FOIA request on July 7, 2008; and (2) if so, whether the defendant complied with Executive Order 13,526 § 1.7(d) in classifying the documents (or portions thereof)." Howell rejected the League's argument that the other classified records were in the public domain. She observed that "the plaintiff repeatedly urges the novel proposition that, once a government agency publicly releases any information about a particular issue, that agency has waived its ability to later withhold any other information related to the same issue." She pointed out that "the D.C. Circuit has specifically rejected the argument made by the plaintiff, holding that 'prior disclosure of similar information does not suffice; instead the specific information sought by the plaintiff must already be in the public domain by official disclosure.'" Howell rejected State's deliberative process claims, finding them too vague. She noted that the agency's declaration did not "adequately establish the nature of the decisionmaking process involved in a number of the withheld documents." Addressing one of the documents, she indicated that "assuming that this document was used in the process of negotiating the Totalization Agreement"which itself is unclear"it is utterly uncertain what role this document may have played in such negotiations." Howell also rejected the agency's segregability analysis. She observed that "although the Court does not doubt the agency's statement that 'all of the documents. . .have been carefully reviewed for reasonable segregation of non-exempt information,' absent a sufficient Vaughn index, an agency must provide other facts, beyond its good-faith assurances, that would establish that it released all reasonably segregable, non-exempt information."
Issues: Exemption 1 - Properly classified, Exemption 5 - Privileges - Deliberative process privilege - Deliberative, Litigation - Segregability analysis
Opinion/Order [59]
FOIA Project Annotation: Judge Beryl Howell has ruled that six documents concerning a 2004 treaty agreement between the United States and Mexico that would provide for the payment of Social Security benefits to Mexican nationals are not protected by Exemption 5 (deliberative process privilege) because they are not pre-decisional and reflect the final policy position of the State Department. In a previous ruling in a suit brought by Trea Senior Citizens League, Howell had told State to provide further justification for withholding certain documents. This time around, Trea Senior Citizens League continued to challenge only six documents that had been withheld under Exemption 5 by either State or the Social Security Administration. Howell began by noting that the agencies had misunderstood what constituted a predecisional document for purposes of the deliberative process privilege. She indicated that the agencies contended that "the disputed documents related to the Agreement simply relay advice to the President, since the Agreement itself is not yet final." But she explained that "the key to determining whether a document is pre-decisional is not necessarily in what stage of implementation, or on whose desk, the policy currently rests�"because a final policy may never be acted upon�"but instead is simply focused on whether the document 'was generated before the adoption of an agency policy.'. . .Despite the defendant's contention that the Agreement 'remains a matter of continuing concern,' there can be little doubt that the Agreement was formally adopted as agency policy when representatives of the United States and Mexico bound their respective nations to the terms of the Agreement, even if further implementation requires additional steps, including transmittal to and final acceptance by the United States Congress. . .There is perhaps no more final expression of agency policy than signing a major international agreement on behalf of the United States of America." Although neither party had cited it, Howell found the D.C. Circuit's decision in Public Citizen v. OMB, 598 F.3d 865 (D.C. Cir. 2009), was directly on point. In Public Citizen, she explained, the D.C. Circuit had found that when "an agency seeks to change a policy, it logically starts by discussing the existing policy, and such discussions hardly render documents explaining the existing policy pre-decisional" and added that "a document that does nothing more than explain an existing policy cannot be considered deliberative." Applying the logic of Public Citizen to the records in this case, she pointed out that "while the Agreement may, as defendant asserts, 'be changed by the State Department and/or the President,' those changes do not make the records at issue, by their nature, pre-decisional or deliberative." She added that "the defendant has adopted the Agreement by signing it on behalf of the United States. Thus, like the policy documents at issue in Public Citizen, the Agreement is sufficiently 'final' for determining whether documents pertaining to the Agreement are pre-decisional and deliberative." She sent the documents back to State to apply her decision. As to the SSA documents, however, she noted that they "represent the final explanation of the Agreement as understood by the SSA, the agency responsible for eventually implementing the Agreement. Consequently, these three documents are not properly withheld under Exemption 5."
Issues: Exemption 5 - Privileges - Deliberative process privilege - Predecisional
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2010-08-241COMPLAINT against UNITED STATES DEPARTMENT OF STATE ( Filing fee $ 350, receipt number 4616032181) filed by TREA SENIOR CITIZENS LEAGUE. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Civil Cover Sheet)(dr) (Entered: 08/25/2010)
2010-08-24SUMMONS (3) Issued as to UNITED STATES DEPARTMENT OF STATE, U.S. Attorney and U.S. Attorney General (dr) (Entered: 08/25/2010)
2010-08-242LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests NONE by TREA SENIOR CITIZENS LEAGUE (dr) (Entered: 08/25/2010)
2010-09-293Consent MOTION for Extension of Time to File Answer re 1 Complaint, by UNITED STATES DEPARTMENT OF STATE (Haynes, Fred) (Entered: 09/29/2010)
2010-10-01MINUTE ORDER granting 3 Motion for Extension of Time to Answer. The defendant's Response is now due on October 6, 2010. Signed by Judge Reggie B. Walton on 10/01/10. (TH, ) (Entered: 10/01/2010)
2010-10-05Set/Reset Deadlines: Answer or respond to complaint by 10/6/2010, (mpt, ) (Entered: 10/05/2010)
2010-10-064Consent MOTION for Extension of Time to File Answer re 1 Complaint, by UNITED STATES DEPARTMENT OF STATE (Haynes, Fred) (Entered: 10/06/2010)
2010-10-07MINUTE ORDER granting 4 Motion for Extension of Time to Answer. The defendant's Answer is now due on October 12,2010. Signed by Judge Reggie B. Walton on 10/07/10. (TH, ) (Entered: 10/07/2010)
2010-10-08Set/Reset Deadlines: Answer due by 10/12/2010, (mpt, ) (Entered: 10/08/2010)
2010-10-125ANSWER to 1 Complaint, by UNITED STATES DEPARTMENT OF STATE.(Haynes, Fred) (Entered: 10/12/2010)
2010-10-156ORDER for Initial Scheduling Conference set for 11/22/2010 11:00 AM in Courtroom 16 before Judge Reggie B. Walton. (mpt, ) (Entered: 10/15/2010)
2010-10-157GENERAL ORDER AND GUIDELINES FOR CIVIL CASES. (mpt, ) (Entered: 10/15/2010)
2010-11-158MEET AND CONFER STATEMENT. (Olson, William) (Entered: 11/15/2010)
2010-11-17Set/Reset Hearings: Status Conference set for 11/22/2010 at 11:00 AM instead of an Initial Scheduling Conference in Courtroom 16 before Judge Reggie B. Walton. (mpt, ) (Entered: 11/17/2010)
2010-11-22Minute Entry for proceedings held before Judge Reggie B. Walton: Status Conference held on 11/22/2010. Further Status Conference set for 2/4/2011 at 09:30 AM in Courtroom 16 before Judge Reggie B. Walton. (Court Reporter Cathryn Jones) (ad) (Entered: 11/22/2010)
2011-01-20Case reassigned to U.S. District Judge Beryl A. Howell. Judge Reggie B. Walton no longer assigned to the case. (ds) (Entered: 01/20/2011)
2011-02-03Reset Hearings: Status Conference set for 2/4/2010 at 9:30 AM in Courtroom 15 before Judge Beryl A. Howell. (cp) (Entered: 02/03/2011)
2011-02-04Minute Entry for proceedings held before Judge Beryl A. Howell: Status Conference held on 2/4/2011. Joint Status Report indicating need for further status hearing, intent to settle case or file dispositive motions due by 4/29/2011. (Court Reporter Pat Kaneshiro-Miller) (cp) (Entered: 02/04/2011)
2011-04-299Consent MOTION for Extension of Time to File Joint Status Report by UNITED STATES DEPARTMENT OF STATE (Haynes, Fred) (Entered: 04/29/2011)
2011-05-03MINUTE ORDER (paperless) granting 9 Consent Motion for Brief Extension of Time to File Joint Status Report. The parties shall file a joint status report by May 3, 2011. Signed by Judge Beryl A. Howell on May 3, 2011. (lcbah1) (Entered: 05/03/2011)
2011-05-0310STATUS REPORT (Joint) by UNITED STATES DEPARTMENT OF STATE. (Haynes, Fred) (Entered: 05/03/2011)
2011-05-12MINUTE ORDER (paperless) The parties shall file a joint status report by September 30, 2011 addressing whether a summary judgment briefing schedule will be necessary. Signed by Judge Beryl A. Howell on May 12, 2011. (lcbah1) (Entered: 05/12/2011)
2011-05-12Set Deadlines: Joint Status Report due by 9/30/2011 (cp) (Entered: 05/13/2011)
2011-09-2311Joint MOTION for Extension of Time to Submit Status Report by TREA SENIOR CITIZENS LEAGUE (Attachments: # 1 Text of Proposed Order)(Miles, John) (Entered: 09/23/2011)
2011-09-23MINUTE ORDER (paperless) granting 11 Joint Motion for Extension of Time to Submit Status Report. The parties shall file a joint status report detailing the status of this case by October 31, 2011. Signed by Judge Beryl A. Howell on September 23, 2011. (lcbah1) (Entered: 09/23/2011)
2011-09-23Set/Reset Deadlines: Joint Status Report due by 10/31/2011. (alg) (Entered: 09/26/2011)
2011-10-2812Joint MOTION for Extension of Time to Submit Status Report by TREA SENIOR CITIZENS LEAGUE (Attachments: # 1 Text of Proposed Order)(Miles, John) (Entered: 10/28/2011)
2011-10-31MINUTE ORDER (paperless) granting 12 Joint Motion for Second Extension of Time to Submit Status Report. The parties shall file a joint status report detailing the status of this case by November 30, 2011. Signed by Judge Beryl A. Howell on October 31, 2011. (lcbah1) (Entered: 10/31/2011)
2011-10-31Set/Reset Deadlines: Joint Status Report due by 11/30/2011. (alg) (Entered: 10/31/2011)
2011-11-3013Joint MOTION for Extension of Time to File Status Report by TREA SENIOR CITIZENS LEAGUE (Attachments: # 1 Text of Proposed Order)(Miles, John) (Entered: 11/30/2011)
2011-12-01MINUTE ORDER (paperless) granting 13 Joint Motion for Third Extension of Time to Submit Status Report. The parties shall file a joint status report detailing the status of this case by December 21, 2011. Signed by Judge Beryl A. Howell on December 1, 2011. (lcbah1) (Entered: 12/01/2011)
2011-12-01Set/Reset Deadlines: Joint Status Report due by 12/21/2011. (alg) (Entered: 12/05/2011)
2011-12-2114STATUS REPORT by TREA SENIOR CITIZENS LEAGUE. (Miles, John) (Entered: 12/21/2011)
2011-12-22MINUTE ORDER (paperless) Upon consideration of 14 the parties' Joint Status Report, the Court adopts the following briefing schedule. The defendant shall file its dispositive motion and Vaughn Index by February 15, 2012. The plaintiff's opposition and any related motions shall be filed by March 22, 2012. The defendant's reply in further support of its dispositive motion and any response to plaintiff's motions shall be filed by April 12, 2012. The plaintiff's reply to defendant's response to any motion filed by plaintiff shall be filed by April 22, 2012. Signed by Judge Beryl A. Howell on 12/22/2011. (lcbah2) (Entered: 12/22/2011)
2011-12-22Set/Reset Deadlines: Dispositive Motions due by 2/15/2012. Response to Dispositive Motions due by 3/22/2012. Reply to Dispositive Motions due by 4/12/2012. Any related Motions due by 3/22/2012. Responses due by 4/12/2012 Replies due by 4/22/2012. Vaughn Index due by 2/15/2012. (alp) (Entered: 12/22/2011)
2012-02-1515Consent MOTION for Extension of Time to Revise the Briefing Schedule by UNITED STATES DEPARTMENT OF STATE (Haynes, Fred) (Entered: 02/15/2012)
2012-02-21MINUTE ORDER (paperless) granting 15 Consent Motion for Revision of the Briefing Schedule. The defendant shall file its motion for summary judgment by March 15, 2012. The plaintiff's opposition and any related motions shall be filed by April 23, 2012. The defendant's reply in further support of its dispositive motion and any response to plaintiff's motions shall be filed by May 14, 2012. The plaintiff's reply shall be filed by May 30, 2012. Signed by Judge Beryl A. Howell on February 21, 2012. (lcbah1) (Entered: 02/21/2012)
2012-02-21Set/Reset Deadlines: Cross Motions due by 4/23/2012. Response to Cross Motions due by 5/14/2012. Reply to Cross Motions due by 5/30/2012. Motion for Summary Judgment due by 3/15/2012. Response to Dispositive Motions due by 4/23/2012. Reply to Dispositive Motions due by 5/14/2012. (alp) (Entered: 02/21/2012)
2012-03-1516Consent MOTION for Extension of Time to Complete Briefing Schedule by UNITED STATES DEPARTMENT OF STATE (Haynes, Fred) (Entered: 03/15/2012)
2012-03-19MINUTE ORDER (paperless) granting 16 Consent Motion for Brief, Further Extension of Time for the Briefing Schedule. The defendant shall file its motion for summary judgment by March 21, 2012. The plaintiff's opposition and any related motions shall be filed by April 30, 2012. The defendant's reply in further support of its dispositive motion and any response to plaintiff's motions shall be filed by May 21, 2012. The plaintiff's reply shall be filed by June 4, 2012. Signed by Judge Beryl A. Howell on March 19, 2012. (lcbah1) (Entered: 03/19/2012)
2012-03-19Reset Deadlines: Summary Judgment motions due by 3/21/2012; Response to Motion for Summary Judgment due by 4/30/2012; Reply to Motion for Summary Judgment due by 5/21/2012; Replies due by 6/4/2012. (tj ) (Entered: 03/19/2012)
2012-03-2117Consent MOTION for Extension of Time to Complete Briefing Schedule by UNITED STATES DEPARTMENT OF STATE (Haynes, Fred) (Entered: 03/21/2012)
2012-03-22MINUTE ORDER (paperless) granting 17 Consent Motion for Brief, Further Extension of Time for the Briefing Schedule. The defendant shall file its motion for summary judgment by March 28, 2012. The plaintiff's opposition and any related motions shall be filed by May 7, 2012. The defendant's reply in further support of its dispositive motion and any response to plaintiff's motions shall be filed by May 22, 2012. The plaintiff's reply shall be filed by June 11, 2012. Signed by Judge Beryl A. Howell on March 22, 2012. (lcbah1) (Entered: 03/22/2012)
2012-03-22Reset Deadlines: The defendant shall file its motion for summary judgment by March 28, 2012. The plaintiff's opposition and any related motions shall be filed by May 7, 2012. The defendant's reply in further support of its dispositive motion and any response to plaintiff's motions shall be filed by May 22, 2012. The plaintiff's reply shall be filed by June 11, 2012. (tj ) (Entered: 03/22/2012)
2012-03-2818Consent MOTION for Extension of Time to Complete Briefing Schedule by UNITED STATES DEPARTMENT OF STATE (Haynes, Fred) (Entered: 03/28/2012)
2012-03-29MINUTE ORDER (paperless) granting 18 Consent Motion for Brief, Further Extension of Time for the Briefing Schedule. The defendant shall file its motion for summary judgment by April 2, 2012. The plaintiff's opposition and any related motions shall be filed by May 14, 2012. The defendant's reply in further support of its dispositive motion and any response to plaintiff's motions shall be filed by May 29, 2012. The plaintiff's reply shall be filed by June 18, 2012. Signed by Judge Beryl A. Howell on March 29, 2012. (lcbah1) (Entered: 03/29/2012)
2012-04-0219Consent MOTION for Extension of Time to File Summary Judgment Motion by UNITED STATES DEPARTMENT OF STATE (Haynes, Fred) (Entered: 04/02/2012)
2012-04-03Set/Reset Deadlines: The defendant shall file its motion for summary judgment by April 2, 2012. The plaintiff's opposition and any related motions shall be filed by May 14, 2012. The defendant's reply in further support of its dispositive motion and any response to plaintiff's motions shall be filed by May 29, 2012. The plaintiff's reply shall be filed by June 18, 2012. (zmm, ) (Entered: 04/03/2012)
2012-04-03MINUTE ORDER (paperless) granting defendant's 19 Consent Motion for Brief, Further Extension of Time for the Briefing Schedule. The defendant shall file its motion for summary judgment by April 6, 2012. The plaintiff's opposition and any related motions shall be filed by May 18, 2012. The defendant's reply in further support of its dispositive motion and any response to plaintiff's motions shall be filed by June 1, 2012. The plaintiff's reply shall be filed by June 22, 2012. Signed by Judge Beryl A. Howell on April 3, 2012. (lcbah1) (Entered: 04/03/2012)
2012-04-04Set/Reset Deadlines: Summary Judgment motion due by 4/6/2012. Response to Motion for Summary Judgment and Cross Motion due by 5/18/2012. Reply to Motion for Summary Judgment and response to Cross Motion due by 6/1/2012. Reply to Cross Motions due by 6/22/2012. (zmm, ) (Entered: 04/04/2012)
2012-04-0620WITHDRAWN PURSUANT TO NOTICE FILED 07/13/2012.....MOTION for Summary Judgment by UNITED STATES DEPARTMENT OF STATE (Attachments: # 1 Exhibit A - Declaration of Sheryl L. Walter, # 2 Exhibit B - Letter from Department of the Treasury, # 3 Exhibit C - Letter from GAO)(Haynes, Fred) Modified on 7/13/2012 (tg, ). (Entered: 04/06/2012)
2012-05-0721NOTICE Concerning Referred Documents by UNITED STATES DEPARTMENT OF STATE (Attachments: # 1 Exhibit A - Referral Letters and Responses)(Haynes, Fred) (Entered: 05/07/2012)
2012-05-1122Consent MOTION for Extension of Time to File Response/Reply as to 20 MOTION for Summary Judgment by TREA SENIOR CITIZENS LEAGUE (Attachments: # 1 Text of Proposed Order)(Olson, William) (Entered: 05/11/2012)
2012-05-14MINUTE ORDER (paperless) denying without prejudice 22 Plaintiff's Consent Motion for Enlargement of Time to Respond to Defendant's Motion for Summary Judgment. The plaintiff's motion for an enlargement of time and the defendant's 21 Notice Concerning Referred Documents indicate that the defendant's pending 20 Motion for Summary Judgment may be incomplete, which would consequently require the filing of additional dispositive motions. To resolve the dispute between the parties most efficiently, the parties shall confer and file, by May 23, 2012, a joint motion to modify the current Scheduling Order in order to brief all outstanding issues at one time. The Court notes that this may require withdrawal of the defendant's pending 20 Motion for Summary Judgment. Signed by Judge Beryl A. Howell on May 14, 2012. (lcbah1) (Entered: 05/14/2012)
2012-05-16Reset Deadlines: Joint Motion to modify current scheduling order due by 5/23/2012. (tj ) (Entered: 05/16/2012)
2012-05-2323Consent MOTION for Extension of Time to File Joint Motion to Modify the Briefing Schedule by UNITED STATES DEPARTMENT OF STATE (Haynes, Fred) (Entered: 05/23/2012)
2012-05-24MINUTE ORDER (paperless) granting defendant's 23 Consent Motion for Brief Extension of Time to File Joint Motion to Modify the Briefing Schedule. The parties shall file a joint motion to modify the briefing schedule by June 7, 2012. Signed by Judge Beryl A. Howell on May 24, 2012. (lcbah1) (Entered: 05/24/2012)
2012-06-0724MOTION for Briefing Schedule Modification Filed by the Parties by UNITED STATES DEPARTMENT OF STATE (Haynes, Fred) (Entered: 06/07/2012)
2012-06-08MINUTE ORDER (paperless) granting 24 Joint Motion to Modify the Briefing Schedule. The defendant shall file, by June 27, 2012, a supplemental Vaughn index addressing the documents referred to the Social Security Administration by the Department of State in response to the FOIA request at issue in this case. If necessary, the defendant shall file a supplemental motion for summary judgment by July 10, 2012. The plaintiff shall file an opposition to the defendant's motion(s) for summary judgment, and any related motions, by August 20, 2012. The defendant shall file a reply in support of its motion(s) for summary judgment, and an opposition to any motion submitted by the plaintiff by September 10, 2012. The plaintiff shall file a reply in support of its motion by September 27, 2012. Signed by Judge Beryl A. Howell on June 8, 2012. (lcbah1) (Entered: 06/08/2012)
2012-06-08Set/Reset Deadlines: Responses to any Motion the Plaintiff may file due by 9/10/2012, Replies due by 9/27/2012. Summary Judgment motions due by 7/10/2012. Response to Motion for Summary Judgment due by 8/20/2012. Reply to Motion for Summary Judgment due by 9/10/2012. Supplemental Vaughn Index due by 6/27/2012. (alp) (Entered: 06/11/2012)
2012-06-2725Consent MOTION for Extension of Time to File Supplemental Vaughn Declarations by UNITED STATES DEPARTMENT OF STATE (Haynes, Fred) (Entered: 06/27/2012)
2012-06-29MINUTE ORDER (paperless) granting defendant's 25 Consent Motion for Brief Extension of Time to File Supplemental Vaughn Declarations. The defendant shall file supplemental Vaughn declarations by June 29, 2012. Signed by Judge Beryl A. Howell on June 29, 2012. (lcbah1) (Entered: 06/29/2012)
2012-06-2926NOTICE of Filing of Supplemental Vaughn Declarations and a Vaughn Index Addressing the Documents Referred to the Social Security Administration by UNITED STATES DEPARTMENT OF STATE (Attachments: # 1 Declaration Sheryl Walter, Department of State, # 2 Declaration Mary Ann Zimmerman, Social Security Administration, # 3 Exhibit Vaughn Index Relating to the Documents Referred to the Social Security Administration)(Haynes, Fred) (Entered: 06/29/2012)
2012-07-1027Consent MOTION for Extension of Time to File Supplemental Summary Judgment Motion by UNITED STATES DEPARTMENT OF STATE (Haynes, Fred) (Entered: 07/10/2012)
2012-07-11MINUTE ORDER (paperless) granting 27 Defendant's Consent Motion for Brief Extension of Time to File Supplemental Summary Judgment Motion. The defendant shall file its renewed motion by July 12, 2012. Signed by Judge Beryl A. Howell on July 11, 2012. (lcbah1) (Entered: 07/11/2012)
2012-07-11Set/Reset Deadlines: Defendant's renewed Summary Judgment motion due by 7/12/2012. (tg, ) (Entered: 07/12/2012)
2012-07-1228Consent MOTION for Extension of Time to File Supplemental Motion for Summary Judgment by UNITED STATES DEPARTMENT OF STATE (Haynes, Fred) (Entered: 07/12/2012)
2012-07-1329WITHDRAWAL of Motion by UNITED STATES DEPARTMENT OF STATE re 20 MOTION for Summary Judgment filed by UNITED STATES DEPARTMENT OF STATE . (Haynes, Fred) (Entered: 07/13/2012)
2012-07-1330MOTION for Summary Judgment by UNITED STATES DEPARTMENT OF STATE (Attachments: # 1 Exhibit A -- Declaration of Sheryl L. Walter, # 2 Exhibit B -- Letter From Department of Treasury, # 3 Exhibit C -- Letters from Government Accountability Office, # 4 Exhibit D - State Department Email)(Haynes, Fred) (Entered: 07/13/2012)
2012-07-16MINUTE ORDER (paperless) granting nunc pro tunc 28 Defendant's Consent Motion for Further, One-Day Extension of Time to File Supplemental Summary Judgment Motion. Signed by Judge Beryl A. Howell on July 16, 2012. (lcbah1) (Entered: 07/16/2012)
2012-08-1531Consent MOTION for Extension of Time to File Response/Reply as to 30 MOTION for Summary Judgment by TREA SENIOR CITIZENS LEAGUE (Attachments: # 1 Text of Proposed Order)(Olson, William) (Entered: 08/15/2012)
2012-08-15MINUTE ORDER (paperless) granting 31 Plaintiff's Consent Motion for Enlargement of Time to Respond to Defendant's Motion for Summary Judgment. The plaintiff shall file, on or before August 30, 2012, an opposition to the 30 Defendant's Renewed Motion for Summary Judgment and any related motions. The defendant shall file, on or before September 20, 2012, any reply to the plaintiff's opposition and its opposition, if any, to any related motion. The plaintiff shall file, on or before September 27, 2012, a reply, if any, in support of any related motion. Signed by Judge Beryl A. Howell on August 15, 2012. (lcbah1) (Entered: 08/15/2012)
2012-08-15Set/Reset Deadlines: Opposition to Motion for Summary Judgment and related motions due by 8/30/2012; reply due by 9/20/2012. Plaintiff's reply to related motions due by 9/27/2012. (tg, ) (Entered: 08/16/2012)
2012-08-3032Memorandum in opposition to re 30 MOTION for Summary Judgment filed by TREA SENIOR CITIZENS LEAGUE. (Attachments: # 1 Exhibit A. List of disputed documents, # 2 Exhibit B. Olson Delcaration, # 3 Exhibit 1. US/Mex Totalization Agreement, # 4 Exhibit 2. Administrative Arrangement, # 5 Exhibit 3. Diplomatic Note, # 6 Exhibit 4. Confirmatory Telegram, # 7 Statement of Facts in Genuine Dispute, # 8 Text of Proposed Order)(Olson, William) (Entered: 08/30/2012)
2012-08-3033MOTION In Camera Review by TREA SENIOR CITIZENS LEAGUE (Attachments: # 1 Memorandum in Support, # 2 Exhibit A. List of disputed documents, # 3 Exhibit B. Olson Declaration, # 4 Exhibit 1. US/Mex Totalization Agreement, # 5 Exhibit 2. Administrative Arrangement, # 6 Exhibit 3. Diplomatic Note, # 7 Exhibit 4. Confirmatory Telegram, # 8 Text of Proposed Order)(Olson, William) (Entered: 08/30/2012)
2012-09-1734RESPONSE re 33 MOTION In Camera Review filed by UNITED STATES DEPARTMENT OF STATE. (Haynes, Fred) (Entered: 09/17/2012)
2012-09-2035Consent MOTION for Extension of Time to File Defendant's Reply Memorandum in Support of Its Supplemental Motion for Summary Judgment by UNITED STATES DEPARTMENT OF STATE (Haynes, Fred) (Entered: 09/20/2012)
2012-09-21MINUTE ORDER (paperless) granting 35 Consent Motion for Brief Extension of Time to File Reply Memorandum in Support of Defendant's Renewed Motion for Summary Judgment. The defendant shall file, by September 27, 2012, any reply memorandum in further support of 30 Defendant's Renewed Motion for Summary Judgment. Signed by Judge Beryl A. Howell on September 21, 2012. (lcbah1) (Entered: 09/21/2012)
2012-09-21Set/Reset Deadlines: Reply in support to Renewed Motion for Summary Judgment due by 9/27/2012. (tg, ) (Entered: 09/24/2012)
2012-09-2636REPLY to opposition to motion re 33 MOTION In Camera Review filed by TREA SENIOR CITIZENS LEAGUE. (Olson, William) (Entered: 09/26/2012)
2012-09-2737Consent MOTION for Extension of Time to File Response/Reply as to 30 MOTION for Summary Judgment by UNITED STATES DEPARTMENT OF STATE (Haynes, Fred) (Entered: 09/27/2012)
2012-09-28MINUTE ORDER (paperless) granting nunc pro tunc 37 Consent Motion for Brief Further Extension of Time to File Reply Memorandum in Support of Defendant's Renewed Motion for Summary Judgment. The defendant shall file, by October 1, 2012, any reply memorandum in support of 30 Defendant's Renewed Motion for Summary Judgment. Signed by Judge Beryl A. Howell on September 28, 2012. (lcbah1) (Entered: 09/28/2012)
2012-09-28Set/Reset Deadlines: Reply to Motion for Summary Judgment due by 10/1/2012. (tg, ) (Entered: 09/28/2012)
2012-10-0138REPLY to opposition to motion re 30 MOTION for Summary Judgment filed by UNITED STATES DEPARTMENT OF STATE. (Haynes, Fred) (Entered: 10/01/2012)
2013-02-0739ORDER granting in part and denying in part 30 Defendant's Renewed Motion for Summary Judgment; and denying without prejudice 33 Plaintiff's Motion for In Camera Review. Should the defendant elect to continue to withhold documents W-49, H-7, H-9, H-10, H-11, H-13, H-14, H-16A, H-16B, O-28, O-36, O-37, LV-7A, 18C, 18D, and 18E, the defendant shall file jointly with the plaintiff, by February 27, 2013, a proposed scheduling order to govern the timing of any further proceedings required in this action, including the filing of any further dispositive motions. See Order for further details. Signed by Judge Beryl A. Howell on February 7, 2013. (lcbah1) (Entered: 02/07/2013)
2013-02-0740MEMORANDUM OPINION regarding 30 Defendant's Renewed Motion for Summary Judgment and 33 Plaintiff's Motion for In Camera Review. Signed by Judge Beryl A. Howell on February 7, 2013. (lcbah1) (Entered: 02/07/2013)
2013-02-07Set/Reset Deadlines: Joint Proposed Scheduling Order due by 2/27/2013. (tg, ) (Entered: 02/07/2013)
2013-02-2641NOTICE of Filing of Joint Proposed Briefing Schedule by UNITED STATES DEPARTMENT OF STATE re Set/Reset Deadlines (Haynes, Fred) (Entered: 02/26/2013)
2013-02-26MINUTE ORDER (paperless) Upon consideration of the parties' 41 Joint Proposed Briefing Schedule, the Court enters the following SCHEDULING ORDER to control the timing of further proceedings in this matter: The defendant shall file, by April 26, 2013, any renewed motion for summary judgment. The plaintiff shall file, by May 29, 2013, any opposition to the defendant's renewed motion for summary judgment and any cross-motion for summary judgment. The defendant shall file, by June 13, 2013, any reply in further support of any renewed motion for summary judgment and any opposition to any cross-motion for summary judgment. The plaintiff shall file, by June 28, 2013, any reply in further support of any cross-motion for summary judgment. Signed by Judge Beryl A. Howell on February 26, 2013. (lcbah1) (Entered: 02/26/2013)
2013-02-26Set/Reset Deadlines: Renewed Summary Judgment motion due by 2/26/2013. Cross-Motion and Opposition to Renewed Motion for Summary Judgment due by 5/29/2013. Opposition to Cross-Motion and Reply to Opposition to Renewed Motion for Summary Judgment due by 6/13/2013. Reply to Cross Motion due by 6/28/2013. (tg, ) (Entered: 02/27/2013)
2013-04-2642Consent MOTION for Extension of Time to File Defendant's Renewed Motion for Summary Judgment by UNITED STATES DEPARTMENT OF STATE (Haynes, Fred) (Entered: 04/26/2013)
2013-04-29MINUTE ORDER (paperless) granting nunc pro tunc 42 Consent Motion for Brief, Two-Business Day Extension of Time for Defendant to File Its Renewed Motion for Summary Judgment. The defendant shall file, by April 30, 2013, any renewed motion for summary judgment. The plaintiff shall file, by May 31, 2013, any opposition to the defendant's renewed motion for summary judgment and any renewed cross-motion for summary judgment. All other deadlines set forth in the Court's February 26, 2013 Scheduling Order shall remain in place. Signed by Judge Beryl A. Howell on April 29, 2013. (lcbah1) (Entered: 04/29/2013)
2013-04-29Set/Reset Deadlines: Renewed Summary Judgment motion due by 4/30/2013; Cross-Motion and Opposition to Motion for Summary Judgment due by 5/31/2013. (tg, ) (Entered: 04/29/2013)
2013-04-3043Consent MOTION for Extension of Time to File Renewed Motion for Summary Judgment by UNITED STATES DEPARTMENT OF STATE (Haynes, Fred) (Entered: 04/30/2013)
2013-05-01MINUTE ORDER (paperless) granting nunc pro tunc 43 Consent Motion for Extension of Time. The defendant shall file, by May 2, 2013, any renewed motion for summary judgment. The plaintiff shall file, by June 4, 2013, any opposition to the defendant's renewed motion for summary judgment and any renewed cross-motion for summary judgment. All other deadlines set forth in the Court's February 26, 2013 Scheduling Order shall remain in place. Signed by Judge Beryl A. Howell on May 1, 2013. (lcbah1) (Entered: 05/01/2013)
2013-05-01Set/Reset Deadlines: Renewed Summary Judgment motion due by 5/2/2013; Cross Motions and Opposition to Renewed Motion for Summary Judgment due by 6/4/2013. (tg, ) (Entered: 05/02/2013)
2013-05-0244Consent MOTION for Extension of Time to File Defendant's Renewed Motion for Summary Judgment by UNITED STATES DEPARTMENT OF STATE (Haynes, Fred) (Entered: 05/02/2013)
2013-05-03MINUTE ORDER (paperless) granting nunc pro tunc 44 Consent Motion for Extension of Time. The defendant shall file, by May 6, 2013, any renewed motion for summary judgment. The plaintiff shall file, by June 6, 2013, any opposition to the defendant's renewed motion for summary judgment and any renewed cross-motion for summary judgment. All other deadlines set forth in the Court's February 26, 2013 Scheduling Order shall remain in place. Signed by Judge Beryl A. Howell on May 3, 2013. (lcbah1) (Entered: 05/03/2013)
2013-05-03Set/Reset Deadlines: Renewed Motion for Summary Judgment due by 5/6/2013; Cross-Motion and Opposition to Renewed Motion for Summary Judgment due by 6/6/2013. (tg, ) (Entered: 05/03/2013)
2013-05-0645MOTION for Summary Judgment (Second Renewed Motion) by UNITED STATES DEPARTMENT OF STATE (Attachments: # 1 Exhibit A -- Second Supplemental Declaration of Sheryl L. Walter, # 2 Exhibit B -- Declaration of Dawn S. Wiggins)(Haynes, Fred) (Entered: 05/06/2013)
2013-05-3146MOTION for Extension of Time to File Response/Reply as to 45 MOTION for Summary Judgment (Second Renewed Motion) by TREA SENIOR CITIZENS LEAGUE (Attachments: # 1 Text of Proposed Order)(Olson, William) (Entered: 05/31/2013)
2013-05-31MINUTE ORDER (paperless) granting 46 Plaintiff's Consent Motion for Enlargement of Time to Respond to Defendant's Second Renewed Motion for Summary Judgment. The plaintiff shall file, by July 22, 2013, any opposition to the defendant's 45 Second Renewed Motion for Summary Judgment and any cross-motion for summary judgment. The defendant shall file, by August 5, 2013, any reply in further support of its 45 Second Renewed Motion for Summary Judgment and any opposition to any cross-motion for summary judgment. The plaintiff shall file, by August 19, 2013, any reply in further support of any cross-motion for summary judgment. Signed by Judge Beryl A. Howell on May 31, 2013. (lcbah1) (Entered: 05/31/2013)
2013-06-03Set/Reset Deadlines: Cross-Motion and Opposition to Second Renewed Motion for Summary Judgment due by 7/22/2013; Opposition to Cross-Motion and Reply to Opposition to Second Renewed Motion for Summary Judgment due by 8/5/2013; Reply to Opposition to Cross Motion due by 8/19/2013. (tg, ) (Entered: 06/03/2013)
2013-07-1747Consent MOTION for Extension of Time to File Response/Reply as to 45 MOTION for Summary Judgment (Second Renewed Motion) by TREA SENIOR CITIZENS LEAGUE (Attachments: # 1 Text of Proposed Order)(Olson, William) (Entered: 07/17/2013)
2013-07-17MINUTE ORDER (paperless) granting 47 Plaintiff's Consent Motion for Second Enlargement of Time to Respond to Defendant's Second Renewed Motion for Summary Judgment. The plaintiff shall file, by August 21, 2013, any opposition to the defendant's 45 Second Renewed Motion for Summary Judgment and any cross-motion for summary judgment. The defendant shall file, by September 5, 2013, any reply in further support of its 45 Second Renewed Motion for Summary Judgment and any opposition to any cross-motion for summary judgment. The plaintiff shall file, by September 19, 2013, any reply in further support of any cross-motion for summary judgment. Signed by Judge Beryl A. Howell on July 17, 2013. (lcbah1) (Entered: 07/17/2013)
2013-07-18Set/Reset Deadlines: Cross Motion and Opposition to Second Renewed Motion for Summary Judgment due by 8/21/2013; Opposition to Cross Motion and Reply to Opposition to Renewed Motion for Summary Judgment due by 9/5/2013; Reply to Opposition to Cross Motion due by 9/19/2013. (tg, ) (Entered: 07/18/2013)
2013-08-2148MOTION for Partial Summary Judgment by TREA SENIOR CITIZENS LEAGUE (Attachments: # 1 Memorandum in Support and in Opposition to Defendant's Motion for Summary Judgment, # 2 Exhibit A - Original List of Disputed Documents, # 3 Exhibit B - Olson Declaration, # 4 Exhibit C - List of Still-Disputed Documents, # 5 Statement of Facts Undisputed, # 6 Statement of Facts as to which genuine issue exists, # 7 Text of Proposed Order)(Olson, William) Modified on 9/17/2013 to correct docket text (jf, ). (Entered: 08/21/2013)
2013-08-2149Second MOTION for in Camera Review by TREA SENIOR CITIZENS LEAGUE (Attachments: # 1 Memorandum in Support, # 2 Exhibit List of Still-Disputed Documents, # 3 Text of Proposed Order)(Olson, William) (Entered: 08/21/2013)
2013-08-2154Memorandum in opposition to re 45 MOTION for Summary Judgment (Second Renewed Motion) filed by TREA SENIOR CITIZENS LEAGUE. (See Docket Entry 48 to view document) (jf, ) (Entered: 09/17/2013)
2013-08-3050Consent MOTION for Extension of Time to File Defendant's Opposition to Plaintiff's Renewed Motion for Summary Judgment, Defendant's Reply Memorandum in Support of Its Renewed Motion for Summary Judgment, and Defendant's Response to Plaintiff's Second Motion for In Camera Review by UNITED STATES DEPARTMENT OF STATE (Haynes, Fred) (Entered: 08/30/2013)
2013-09-01MINUTE ORDER (paperless) granting the defendant's consent 50 Motion for Extension of Time. The defendant shall, by September 12, 2013, file any response to the plaintiff's 48 renewed Motion for Summary Judgment and Opposition to the defendant's Motion for Summary Judgment, and any response to the plaintiff's 49 Second Motion for In Camera review. The plaintiff shall, by September 26, 2013, file any reply to the defendant's opposition to the plaintiff's 48 Motion for Summary Judgment and 49 Second Motion for In Camera Review. Signed by Judge Beryl A. Howell on September 1, 2013. (lcbah1) (Entered: 09/01/2013)
2013-09-03Set/Reset Deadlines: Response to 48 Renewed Motion for Summary Judgment due by 9/12/2013; Response to 49 Second Motion for In Camera Review due by 9/12/2013; Replies due by 9/26/2013. (ztg, ) (Entered: 09/03/2013)
2013-09-1251Consent MOTION for Extension of Time to Respond to Plaintiff's Renewed Motion for Summary Judgement and to Plaintiff's Second Motion for In Camera Review by UNITED STATES DEPARTMENT OF STATE (Haynes, Fred) (Entered: 09/12/2013)
2013-09-13MINUTE ORDER (paperless) GRANTING nunc pro tunc the defendant's 51 Consent Motion For Extension of Time. The defendant shall, by September 16, 2013 file any Opposition to the plaintiff's 48 Motion for Partial Summary Judgment and 49 Second Motion for In Camera Review. The plaintiff shall, by October 1, 2013 file any Reply to the defendant's opposition. Signed by Judge Beryl A. Howell on September 13, 2013. (lcbah1) (Entered: 09/13/2013)
2013-09-13Set/Reset Deadlines: The defendant shall, by 9/16/2013 file any Opposition to the plaintiff's 48 Motion for Partial Summary Judgment and 49 Second Motion for In Camera Review. The plaintiff shall, by 10/01/2013 file any Reply to the defendant's opposition. (ad) (Entered: 09/13/2013)
2013-09-1652RESPONSE re 49 Second MOTION for in Camera Review filed by UNITED STATES DEPARTMENT OF STATE. (Haynes, Fred) (Entered: 09/16/2013)
2013-09-1753Memorandum in opposition to re 45 MOTION for Partial Summary Judgment (Second Renewed Motion) filed by UNITED STATES DEPARTMENT OF STATE. (Haynes, Fred) Modified on 9/17/2013 to correct docket text (jf, ). (Entered: 09/17/2013)
2013-09-1755REPLY in support of re 45 MOTION for Summary Judgment (Second Renewed Motion) filed by UNITED STATES DEPARTMENT OF STATE. (See Docket Entry 53 to view document) (jf, ) (Entered: 09/17/2013)
2013-09-2056Consent MOTION for Extension of Time to File Defendant's Opposition to Plaintiff's Renewed Motion for Summary Judgment and the Reply Memorandum in Support of Defendant's Second Renewed Motion for Summary Judgment (One-Half Hour Extension of Time) by UNITED STATES DEPARTMENT OF STATE (Haynes, Fred) (Entered: 09/20/2013)
2013-09-20MINUTE ORDER (paperless) GRANTING nunc pro tunc the defendant's consent 56 Motion for Extension of Time. Signed by Judge Beryl A. Howell on September 20, 2013. (lcbah1) (Entered: 09/20/2013)
2013-10-0157REPLY to opposition to motion re 49 Second MOTION for in Camera Review filed by TREA SENIOR CITIZENS LEAGUE. (Olson, William) (Entered: 10/01/2013)
2013-10-0158REPLY to opposition to motion re 48 MOTION for Partial Summary Judgment re 45 MOTION for Summary Judgment (Second Renewed Motion) and Opposition to Defendant's Motion for Summary Judgment filed by TREA SENIOR CITIZENS LEAGUE. (Olson, William) (Entered: 10/01/2013)
2013-10-3059MEMORANDUM OPINION regarding the defendant's 45 Second Renewed Motion for Summary Judgment; the plaintiff's 48 Partial Motion for Summary Judgment; and the plaintiff's 49 Second Motion for In Camera Review. Signed by Judge Beryl A. Howell on October 30, 2013. (lcbah1) (Entered: 10/30/2013)
2013-10-3060ORDER GRANTING in part and DENYING in part the defendant's 45 Motion for Summary Judgment; GRANTING in part and DENYING in part the plaintiff's 48 Cross-Motion for Partial Summary Judgment; and DENYING the plaintiff's 49 Second Motion for In Camera Review without prejudice. The defendant shall, by November 12, 2013, produce to the plaintiff the disputed documents as required in the Order. The parties shall, by November 26, 2013, jointly submit a status report setting forth a proposed schedule to govern further proceedings in this matter or advising that the case may be closed. See Order for further details. Signed by Judge Beryl A. Howell on October 30, 2013. (lcbah1) (Entered: 10/30/2013)
2013-10-30Set/Reset Deadlines: Defendant's Production of Documents due by 11/12/2013. Joint Status Report due by 11/26/2013. (tg, ) (Entered: 10/30/2013)
2013-11-0661Consent MOTION for Extension of Time to Comply with the Court's October 30, 2013, Order, ECF No. 60 by UNITED STATES DEPARTMENT OF STATE (Haynes, Fred) (Entered: 11/06/2013)
2013-11-06MINUTE ORDER (paperless) GRANTING the defendant's 61 Consent Emergency Motion for Extension of Time to Carry Out the Court's October 30, 2013 Order. The defendant shall, by January 13, 2014, comply with the Court's 60 Order. On that date, the parties shall also jointly submit a status report setting forth a proposed schedule to govern further proceedings in this matter or advising that the case may be closed. Signed by Judge Beryl A. Howell on November 6, 2013. (lcbah1) (Entered: 11/06/2013)
2013-11-07Set/Reset Deadlines: Compliance with Court Order due by 1/13/2014. Joint Status Report due by 1/13/2014. (tg, ) (Entered: 11/07/2013)
2014-01-1362Consent MOTION for Extension of Time to File Status Report to Govern Further Proceedings in this Case by UNITED STATES DEPARTMENT OF STATE (Haynes, Fred) (Entered: 01/13/2014)
2014-01-14MINUTE ORDER (paperless) GRANTING the defendant's 62 Consent Motion for Brief Extension of Time to Carry Out the Court's October 30, 2013 Order nunc pro tunc. The parties shall, by January 23, 2014, jointly submit a status report setting forth a proposed schedule to govern further proceedings in this matter or advising that the case may be closed. Signed by Judge Beryl A. Howell on January 14, 2014. (lcbah1) (Entered: 01/14/2014)
2014-01-14Set/Reset Deadlines: Joint Status Report due by 1/23/2014. (tg, ) (Entered: 01/14/2014)
2014-01-2363Joint MOTION to Dismiss this Case with Prejudice and Extend the Time for Plaintiff to File an Application for Costs and Attorney's Fees, Combined with a Status Report by UNITED STATES DEPARTMENT OF STATE (Haynes, Fred) (Entered: 01/23/2014)
2014-01-24MINUTE ORDER (paperless) GRANTING the parties' 63 Joint Motion to Dismiss this Case with Prejudice and Extend the Time for Plaintiff to File an Application for Costs and Attorney's Fees. The Clerk is directed to close this case. The plaintiff shall, by March 24, 2014, file any application for costs and/or motion for attorney's fees. Signed by Judge Beryl A. Howell on January 24, 2014. (lcbah1) (Entered: 01/24/2014)
2014-01-24Set/Reset Deadlines: Motion for costs/attorney's fees due by 3/24/2014. (tg, ) (Entered: 01/24/2014)
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