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Case TitleCITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON v. U.S. DEPARTMENT OF JUSTICE
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2011cv00374
Date Filed2011-02-14
Date Closed2015-02-11
JudgeJudge Christopher R. Cooper
PlaintiffCITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON
DefendantU.S. DEPARTMENT OF JUSTICE
AppealD.C. Circuit 15-5134
Documents
Docket
Complaint
Complaint attachment 1
Opinion/Order [64]
FOIA Project Annotation: Judge Christopher Cooper has awarded CREW $35,000 in attorney's fees and costs for its litigation against the Justice Department for records concerning the investigation and prosecution of Paul Magliocchetti, a prominent lobbyist who pled guilty to federal campaign finance law violations. DOJ did not dispute that CREW was entitled to fees, but challenged CREW's use of the Laffey matrix adjusted for inflation by applying the legal services component of the Consumer Price Index as the basis for determining hourly rates. The LSI-adjusted Laffey provided hourly rates of more than $700, while DOJ urged the use of the Laffey matrix adjusted by the overall Consumer Price Index for the Washington-Baltimore area, which yielded an hourly rate of about $500. After reviewing a number of cases over the past several years in which the LSI-adjusted Laffey has been used to calculate rates for D.C. attorneys, Cooper pointed out that because rates varied from survey to survey, rates were often discounted, and firms often did not collect the entire amount charged, "the reported rates surely overstate the actual fees that law firms are paid�"and expect to be paid�"for their services." Cooper noted that "the litigation required to overcome DOJ's categorical withholding of potentially responsive records is aptly described as 'complex.'" He accepted the LSI-adjusted Laffey matrix, but because of his concerns about its reliability he indicated that "the Court will reduce those rates by 15 percent, however, to account for the differences between reported rates and actual law firm billing realization." As a result, he awarded CREW $28,000 for the underlying litigation as well at $8,000 for CREW's fee petition.
Issues: Litigation - Attorney's fees - Entitlement - Calculation of award
Opinion/Order [80]
FOIA Project Annotation: Judge Christopher Cooper has reconsidered his 2015 ruling awarding CREW $35,000 in attorney's fees using the LSI-adjusted Laffey matrix that is based on an index of legal services nationwide in complex federal litigation to calculate the amount of the award in light of two seemingly contradictory rulings by the D.C. Circuit "Eley v. District of Columbia, 793 F.3d 97 (D.C. Cir. 2015) and Salazar ex rel. Salazar v. District of Columbia, 809 F.3d 58 (D.C. Cir. 2015)"and has found that CREW had met the standard for use of the LSI-adjusted Laffey matrix. In Eley, a D.C. Circuit panel found that the district court judge had erred in using the LSI-adjusted Laffey matrix in awarding fees in a case brought under the Individuals with Disabilities Education Act, while the panel in Salazar approved of the use of the LSI-adjusted Laffey matrix in a Medicaid class action suit. Distinguishing the two decisions, Cooper noted that in Eley, the D.C. Circuit was concerned that the plaintiffs had not shown that the LSI-adjusted Laffey matrix was in line with similar services for litigating IDEA cases. By contrast, the Salazar panel found the government had not shown that the LSI-adjusted Laffey matrix was inappropriate for what the government admitted qualified as complex federal litigation. Applying those rulings, Cooper pointed out that "the same [circumstances in Salazar] are true here. The government does not contend that FOIA litigation generally (or the particular litigation in this case) is not 'complex,' such that neither Laffey matrix should apply. Its only objection to CREW's fee award is that the LSI-adjudged rates are above market. But as was the case in Salazar, the affidavits, billing-rate surveys, and prior district-court orders that CREW has offered to support the reasonableness of LSI-adjusted rates in 'complex federal litigation' are sufficient to meet its evidentiary burden." Observing that CREW had met the standard for using the LSI-adjusted Laffey matrix in this case, he pointed out that "but that is not to say that all FOIA litigation is 'complex' (whatever that means) or that all FOIA litigators have comparable expertise and reputations to the attorneys handling this case. So while billing-rates matrices play an important role in the efficient administration of a lodestar award system, they cannot substitute for courts' independent judgment of the reasonableness of requested fees in each particular case."
Issues: Litigation - Attorney's fees - Entitlement - Calculation of award
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2011-02-141COMPLAINT against U.S. DEPARTMENT OF JUSTICE ( Filing fee $ 350, receipt number 4616036490) filed by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON. (Attachments: # 1 Civil Cover Sheet)(rdj) (Entered: 02/15/2011)
2011-02-14SUMMONS (3) Issued as to U.S. DEPARTMENT OF JUSTICE, U.S. Attorney and U.S. Attorney General (rdj) (Entered: 02/15/2011)
2011-02-142LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON identifying Corporate Parent NONE for CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON. (rdj) (Entered: 02/15/2011)
2011-03-143NOTICE of Appearance by Heather D. Graham-Oliver on behalf of U.S. DEPARTMENT OF JUSTICE (Graham-Oliver, Heather) (Entered: 03/14/2011)
2011-03-144Consent MOTION for Extension of Time to File Responsive Pleading by U.S. DEPARTMENT OF JUSTICE (Graham-Oliver, Heather) (Entered: 03/14/2011)
2011-03-23ORDER granting 4 Motion for Extension of Time to File Responsive Pleading; Set/Reset Deadlines: Answer Due 4/13/2011 .Signed by Judge Robert L. Wilkins on 3/23/2011. (Wilkins, Robert). (Entered: 03/23/2011)
2011-04-135ANSWER to Complaint by U.S. DEPARTMENT OF JUSTICE.(Graham-Oliver, Heather) (Entered: 04/13/2011)
2011-04-286NOTICE of Appearance by Anne L. Weismann on behalf of CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON (Weismann, Anne) (Entered: 04/28/2011)
2011-05-047AMENDED ANSWER to 1 Complaint by U.S. DEPARTMENT OF JUSTICE.(Graham-Oliver, Heather) (Entered: 05/04/2011)
2011-06-248MOTION for Order Establishing a Briefing Schedule by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Text of Proposed Order)(Sobel, David) (Entered: 06/24/2011)
2011-07-22MINUTE ORDER: A telephonic conference is set for Thursday, July 28, 2011 at 2:30 PM in Courtroom 17 Judge Robert L. Wilkins. All parties are directed to jointly contact chambers at (202)354-3480. Signed by Judge Robert L. Wilkins on 7/22/2011. (tcb) (Entered: 07/22/2011)
2011-07-28Minute Entry for proceedings held before Judge Robert L. Wilkins: Telephone Conference held and concluded on 7/28/2011. Minute Order to be issued with briefing schedule. (Court Reporter Rebecca Stonestreet) (tcb) (Entered: 07/28/2011)
2011-07-28MINUTE ORDER: For the reasons stated during the July 28, 2011 status conference, Plaintiff's Motion for an Order Establishing a Briefing Schedule (Docket No. 8) is hereby GRANTED. Defendant shall file its dispositive motion no later than September 12, 2011. Plaintiff shall file its opposition and cross-motion (if any) no later than October 12, 2011. Defendant shall file its reply and opposition (if any) no later than October 27, 2011. Plaintiff shall file its reply (if any) no later than November 11, 2011. Signed by Judge Robert L. Wilkins on 7/28/2011. (tcb) (Entered: 07/28/2011)
2011-09-129Consent MOTION for Extension of Time to File Motion For Summary Judgment by U.S. DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Graham-Oliver, Heather) (Entered: 09/12/2011)
2011-09-1310ORDER granting 9 Consent MOTION for Extension of Time to File Motion For Summary Judgment; The Parties shall abide by the following schedule:Defendants Motion due by 9/15/2011. Plaintiffs Opposition and Cross-Motion (if any) due by 10/17/2011. Defendants Opposition and Reply due by 11/1/2011. Plaintiffs Reply due by 11/14/2011. Signed by Judge Robert L. Wilkins on 9/13/2011. (tcb) (Entered: 09/14/2011)
2011-09-1511MOTION for Extension of Time to File Motion For Summary Judgment (1 day) by U.S. DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Graham-Oliver, Heather) (Entered: 09/15/2011)
2011-09-1612ORDER granting 11 MOTION for Extension of Time to File Motion For Summary Judgment (1 day);The Parties shall abide by the following schedule:Defendants Motion due by September 16, 2011.Plaintiffs Opposition and Cross-Motion (if any) due by October 18, 2011.Defendants Opposition and Reply due by November 2, 2011.Plaintiffs Reply due by November 15, 2011. Signed by Judge Robert L. Wilkins on 9/16/2011. (tcb) (Entered: 09/16/2011)
2011-09-1613MOTION for Summary Judgment by U.S. DEPARTMENT OF JUSTICE (Attachments: # 1 Declaration and Exhibits, # 2 Declaration and Exhibits, # 3 Declaration and Exhibits)(Graham-Oliver, Heather) (Entered: 09/16/2011)
2011-10-1814Memorandum in opposition to re 13 MOTION for Summary Judgment filed by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON. (Attachments: # 1 Statement of Facts (Response), # 2 Text of Proposed Order)(Sobel, David) (Entered: 10/18/2011)
2011-10-1815Cross MOTION for Partial Summary Judgment by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON (Attachments: # 1 Statement of Facts, # 2 Text of Proposed Order)(Sobel, David) (Entered: 10/18/2011)
2011-11-0216Consent MOTION for Extension of Time to File Response/Reply To Plaintiff's Cross Motion For Summary Judgment and Opposition by U.S. DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Graham-Oliver, Heather) (Entered: 11/02/2011)
2011-11-0317ORDER granting 16 Motion for Extension of Time to File Response/Reply re 13 MOTION for Summary Judgment, 15 Cross MOTION for Partial Summary Judgment; HEREBY ORDERED as follows: Defendants Opposition and Reply:due by 11/9/2011 Plaintiffs Reply due by 11/22/2011. Signed by Judge Robert L. Wilkins on 11/3/2011. (tcb) (Entered: 11/03/2011)
2011-11-0918Memorandum in opposition to re 15 Cross MOTION for Partial Summary Judgment filed by U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Statement of Facts Response to Statement of Facts)(Graham-Oliver, Heather) (Entered: 11/09/2011)
2011-11-0919REPLY to opposition to motion re 13 MOTION for Summary Judgment filed by U.S. DEPARTMENT OF JUSTICE. (Graham-Oliver, Heather) (Entered: 11/09/2011)
2011-11-1120ERRATA by U.S. DEPARTMENT OF JUSTICE. (Graham-Oliver, Heather) (Entered: 11/11/2011)
2011-11-2221REPLY to opposition to motion re 15 Cross MOTION for Partial Summary Judgment filed by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Sobel, David) (Entered: 11/22/2011)
2012-01-1022NOTICE OF SUPPLEMENTAL AUTHORITY by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON (Sobel, David) (Entered: 01/10/2012)
2012-03-0623NOTICE OF SUPPLEMENTAL AUTHORITY by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON (Sobel, David) (Entered: 03/06/2012)
2013-03-01MINUTE ORDER: The parties shall appear on 3/8/2013 at 10:30 AM in Courtroom 27A for a motion hearing on [13 ] MOTION for Summary Judgment by U.S. DEPARTMENT OF JUSTICE and 15 Cross MOTION for Partial Summary Judgment by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON. Signed by Judge Robert L. Wilkins on 3/1/2013. (lcrlw1) (Entered: 03/01/2013)
2013-03-0624Unopposed MOTION for Extension of Time to extend time for Motions Hearing by U.S. DEPARTMENT OF JUSTICE (Graham-Oliver, Heather) (Entered: 03/06/2013)
2013-03-07MINUTE ORDER: Defendants 24 Unopposed MOTION for Extension of Time to extend time for Motions Hearing is hereby GRANTED; and it is further ORDERED that the parties shall appear on Friday, March 22, 2013 at 9:30 AM in Courtroom 27A for a motions hearing on 13 MOTION for Summary Judgment by U.S. DEPARTMENT OF JUSTICE and 15 Cross MOTION for Partial Summary Judgment by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON. Signed by Judge Robert L. Wilkins on 3/7/2013. (tcb) (Entered: 03/07/2013)
2013-03-1425NOTICE OF SUPPLEMENTAL AUTHORITY by U.S. DEPARTMENT OF JUSTICE (Attachments: # 1 Exhibit)(Graham-Oliver, Heather) (Entered: 03/14/2013)
2013-03-1826NOTICE of Appearance by Vinay J. Jolly on behalf of U.S. DEPARTMENT OF JUSTICE (Jolly, Vinay) (Entered: 03/18/2013)
2013-03-2227NOTICE OF SUPPLEMENTAL AUTHORITY by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON (Sobel, David) (Entered: 03/22/2013)
2013-03-22Minute Entry for proceedings held before Judge Robert L. Wilkins: Motion Hearing held on 3/22/2013 re Defendants' 13 MOTION for Summary Judgment and Plaintiff's 15 Cross MOTION for Partial Summary Judgment. This matter is taken under advisement. (Court Reporter Lisa Griffith) (tcb) (Entered: 03/22/2013)
2013-07-08MINUTE ORDER: The parties shall appear on 7/22/2013 at 3:30 PM in Courtroom 27A, at which time the Court will issue a ruling on the parties' cross motions for summary judgment, which the Court previously took under advisement. Signed by Judge Robert L. Wilkins on 7/8/13. (lcrlw1) . (Entered: 07/08/2013)
2013-07-22Minute Entry for proceedings held before Judge Robert L. Wilkins: Motion Hearing held on 7/22/2013 re Defendant's 13 MOTION for Summary Judgment; DENIED for reasons stated on the record in open Court. Plaintiff's 15 Cross MOTION for Partial Summary Judgment GRANTED IN PART for limited purposes and DENIED for reasons stated on the record in open Court. The parties directed to meet and confer by no later than two weeks and submit a joint status report with respect to schedule to release non exempt, vaughn index and any other pertinent issues and submit a proposed order to the Court. (Court Reporter Lisa Griffith) (tcb) (Entered: 07/22/2013)
2013-08-0128Consent MOTION for Extension of Time to File Joint Status Report by U.S. DEPARTMENT OF JUSTICE (Graham-Oliver, Heather) (Entered: 08/01/2013)
2013-08-0529ORDER granting 28 Consent MOTION for Extension of Time to File Joint Status Report; and it is FURTHER ORDERED that Defendantshall have up to, and including August 12, 2013,to file joint status report. Signed by Judge Robert L. Wilkins on 8/5/2013. (tcb) (Entered: 08/05/2013)
2013-08-0530TRANSCRIPT OF PROCEEDINGS before Judge Robert L. Wilkins held on 7-22-13; Page Numbers: 1-21. Date of Issuance:8-5-13. Court Reporter/Transcriber Lisa Griffith, Telephone number (202) 354-3247, Court Reporter Email Address : Lisa_Griffith@dcd.uscourts.gov.<P></P>For the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter.<P> NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at ww.dcd.uscourts.gov.<P></P> Redaction Request due 8/26/2013. Redacted Transcript Deadline set for 9/5/2013. Release of Transcript Restriction set for 11/3/2013.(Griffith, Lisa) (Entered: 08/05/2013)
2013-08-1231MOTION for Extension of Time to File Status Report by U.S. DEPARTMENT OF JUSTICE (Graham-Oliver, Heather) (Entered: 08/12/2013)
2013-08-13MINUTE ORDER: Given Plaintiff's conditional consent to Defendant's motion, the Court hereby grants in part and denies in part 31 Defendant's Motion for Extension of Time to file Joint Status Report; Set/Reset Deadlines: Joint Status Report due by 6:00 p.m. on Friday 8/16/2013. Alternatively, the parties may file the joint status report on Monday August 19, 2013 so long as the Defendant has submitted a "firm proposal" to Plaintiff by 2:00 pm on Friday 8/16/13. (See Doc. 31 at p. 1.) If Defendant fails to do so or if there is any disagreement about whether any proposal is sufficient, the parties shall file their joint status report as required by 6:00 p.m. on Friday 8/16/13. The Court will look upon further requests for exentions with disfavor. Signed by Judge Robert L. Wilkins on 8/13/13. (lcrlw1, ) (Entered: 08/13/2013)
2013-08-1632STATUS REPORT AND PROPOSED SCHEDULING ORDER by U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Declaration Declaration of John Cunningham)(Graham-Oliver, Heather) (Entered: 08/16/2013)
2013-08-2333SCHEDULING ORDER:EOUSA will produce all nonexempt, disclosable documents or portions thereof by Wednesday, October 16, 2013.EOUSA it will produce its Vaughn index by category of document by October 30, 2013. The Plaintiff will have seven (7) days to review and identify specific document categoriesfor which it requires further specificity and why. The Defendant, in turn, will have seven (7) days thereafter to respond either by providing further detail as requested or justification for the status quo. The Plaintiff reserves the right to challenge the adequacy of EOUSAs Vaughn index during the briefing phase. If necessary, the Defendant will file a partial Motion for Summary Judgment on December 4, 2013. Plaintiff will file its Cross-Motion for Summary Judgment and Opposition on January 6, 2014. Defendant will file a Reply and Opposition on January 20, 2014. Plaintiff will file a Reply onFebruary 3, 2014. The Criminal Division will make a series of rolling productions of exempt documents, the first occurring on January 3, 2014, the second on February 7, 2014 and the third on March 7, 2014. (SEE ORDER FOR FULL DETAILS). Signed by Judge Robert L. Wilkins on 8/22/2013. (tcb) (Entered: 08/23/2013)
2013-10-0734MOTION to Stay (Motion for Stay in Light of Lapse of Appropriations) by U.S. DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Graham-Oliver, Heather) (Entered: 10/07/2013)
2013-10-0835ORDER granting 34 MOTION to Stay (Motion for Stay in Light of Lapse of Appropriations); and it is further ORDERED, that due to a lapse of appropriations after September 30, 2013, the current deadline for the production of records and the Vaughn index is extended for a period commensurate with the duration of the lapse in appropriations. Signed by Judge Robert L. Wilkins on 10/8/2013. (tcb) (Entered: 10/08/2013)
2013-11-0136NOTICE (The Parties' Amended Proposed Scheduling Order with Respect to EOUSA) by U.S. DEPARTMENT OF JUSTICE re 33 Scheduling Order,,,, (Graham-Oliver, Heather) (Entered: 11/01/2013)
2013-11-04MINUTE ORDER: The Court hereby adopts the amended briefing schedule as set forth in the notice at DKT # 36 . Signed by Judge Robert L. Wilkins on 11/4/2013. (tcb) (Entered: 11/04/2013)
2013-12-2037Joint MOTION to Vacate Briefing Schedule with Respect to EOUSA by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON (Attachments: # 1 Text of Proposed Order)(Sobel, David) (Entered: 12/20/2013)
2014-01-0238ORDER granting 37 Joint MOTION to Vacate Briefing Schedule with Respect to EOUSA;ORDERED that the current briefing schedule is vacated; and it is;FURTHER ORDERED that the parties shall file a joint report with the Court onJanuary 15, 2014, reporting on the status of the case and, if necessary, proposing a renewed briefing schedule with respect to EOUSA. Signed by Judge Robert L. Wilkins on 1/2/2014. (tcb) (Entered: 01/02/2014)
2014-01-1639STATUS REPORT (Joint) by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON. (Sobel, David) (Entered: 01/16/2014)
2014-01-22MINUTE ORDER: In light of the Joint Status Report filed on 1/16/2014, it is hereby ordered that the parties are directed to file a joint status report by no later than February 18, 2014. Signed by Judge Robert L. Wilkins on 1/22/2014. (tcb) (Entered: 01/22/2014)
2014-01-24Case reassigned to the Calendar Committee who will oversee it until it is reassigned to another judge. Judge Robert L. Wilkins has been elevated to the U.S. Court of Appeals for DC and is no longer assigned to the case. Any questions should be directed to Terri Barrett, formerly Judge Wilkins deputy clerk, at 202-354-3179 or terri_barrett@dcd.uscourts.gov. (ztnr, ) (Entered: 01/24/2014)
2014-02-1840STATUS REPORT (Joint) by U.S. DEPARTMENT OF JUSTICE. (Graham-Oliver, Heather) (Entered: 02/18/2014)
2014-02-19MINUTE ORDER: In light of the Joint Status Report filed on 2/18/2014, it is hereby ordered that the parties are directed to file a joint status report on or before February 28, 2014. Signed by Judge Ellen S. Huvelle on behalf of the Calendar Committee on 2/19/2014. (tcb) (Entered: 02/19/2014)
2014-02-2841STIPULATION AND PROPOSED ORDER by U.S. DEPARTMENT OF JUSTICE. (Graham-Oliver, Heather) (Entered: 02/28/2014)
2014-03-0542STIPULATION AND PROPOSED ORDER by U.S. DEPARTMENT OF JUSTICE. (Graham-Oliver, Heather) (Entered: 03/05/2014)
2014-03-1043STIPULATION AND ORDER. Signed by Judge Ellen S. Huvelle on behalf of the Calendar Committee 3/10/2014. (tcb) (Entered: 03/10/2014)
2014-03-1844NOTICE OF FILING THE CRIMINAL DIVISION'S VAUGHN INDEX by U.S. DEPARTMENT OF JUSTICE re 33 Scheduling Order,,,, (Graham-Oliver, Heather) (Entered: 03/18/2014)
2014-04-07Case directly reassigned to Judge Christopher R. Cooper. Calendar Committee no longer assigned to the case. (gt, ) (Entered: 04/07/2014)
2014-04-1845Consent MOTION for Extension of Time to File Motion For Summary Judgment (Criminal Division) by U.S. DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Graham-Oliver, Heather) (Entered: 04/18/2014)
2014-04-21MINUTE ORDER granting 45 Consent Motion for Extension of Time to File Motion for Summary Judgement; it is FURTHER ORDERED that Defendant shall have to, and including, April 21, 2014 to file a dispositive motion. Signed by Judge Christopher R. Cooper on 4/21/2014. (lccrc1, ) (Entered: 04/21/2014)
2014-04-2146Second MOTION for Extension of Time to File The Criminal Division's Motion for Summary Judgment , Second MOTION for Extension of Time to File Motion by U.S. DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Graham-Oliver, Heather) (Entered: 04/21/2014)
2014-04-22ORDER granting 46 Motion for Extension of Time to File; it is FURTHER ORDERED that Defendant has to, and including, April 23, 2014 to file dispositive motions. Signed by Judge Christopher R. Cooper on 4/22/2014. (lccrc1, ) (Entered: 04/22/2014)
2014-04-2347MOTION for Extension of Time to file Motion for Summary Judgment by U.S. DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Graham-Oliver, Heather) (Entered: 04/23/2014)
2014-04-2548Memorandum in opposition to re 47 MOTION for Extension of Time to file Motion for Summary Judgment filed by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON. (Sobel, David) (Entered: 04/25/2014)
2014-04-2849REPLY to opposition to motion re 47 MOTION for Extension of Time to file Motion for Summary Judgment filed by U.S. DEPARTMENT OF JUSTICE. (Graham-Oliver, Heather) (Entered: 04/28/2014)
2014-04-29MINUTE ORDER: Upon consideration of the parties' filings, the Court grants 47 Defendant's Motion for Extension of Time. It is hereby ORDERED that: Defendant shall provide a rolling production of at least 750 pages on or before May 23, 2014 and the remainder on or before June 23, 2014; it is FURTHER ORDERED that Defendant has to, and including, July 25, 2014 to file a dispositive motion. Signed by Judge Christopher R. Cooper on 4/29/2014. (lccrc1, ) (Entered: 04/29/2014)
2014-04-30Set/Reset Deadlines: Defendant's Dispositive Motion due by 7/25/2014. (tcb) (Entered: 04/30/2014)
2014-07-2450Consent MOTION for Extension of Time to file Defendant's Motion for Summary Judgment by U.S. DEPARTMENT OF JUSTICE (Graham-Oliver, Heather) (Entered: 07/24/2014)
2014-07-25ORDER granting 50 Consent Motion for Extension of Time to File; it is FURTHER ORDERED that Defendant has to, and including, July 28, 2014 to file dispositive motions. Signed by Judge Christopher R. Cooper on 7/25/2014. (lccrc3, ) (Entered: 07/25/2014)
2014-07-28Set/Reset Deadlines: Defendant Dispositive Motion due by 7/28/2014. (mac) (Entered: 07/28/2014)
2014-07-2851MOTION for Summary Judgment by U.S. DEPARTMENT OF JUSTICE (Attachments: # 1 Statement of Facts, # 2 Declaration Brodfuehrer Declarations and Exhibits, # 3 Declaration Hardy Declaration, # 4 Exhibit Hardy Declaration Exhibits, # 5 Exhibit 11 - Email between the parties, # 6 Exhibit FBI FOIA Letter to AUSA, # 7 Text of Proposed Order Proposed Order)(Graham-Oliver, Heather) (Entered: 07/28/2014)
2014-08-0552Consent MOTION for Extension of Time to File Response/Reply as to 51 MOTION for Summary Judgment and to Establish a Schedule for Further Briefing by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON (Attachments: # 1 Text of Proposed Order)(Sobel, David) (Entered: 08/05/2014)
2014-08-05ORDER granting 52 Consent Motion for Extension of Time; and it is FURTHER ORDERED that: plaintiff's opposition and any cross motion is due August 29, 2014, defendant's reply and opposition, if any, is due September 18, 2014, and plaintiff's reply, if any, is due September 30, 2014. Signed by Judge Christopher R. Cooper on 8/5/2014. (lccrc3, ) (Entered: 08/05/2014)
2014-08-2653Consent MOTION for Extension of Time to File Response/Reply as to 51 MOTION for Summary Judgment by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON (Attachments: # 1 Text of Proposed Order)(Sobel, David) (Entered: 08/26/2014)
2014-08-27MINUTE ORDER granting 53 Consent MOTION for Extension of Time to File Response/Reply as to 51 MOTION for Summary Judgment; ORDERED that plaintiffs motion is hereby granted, and that the following schedule isestablished for further briefing on the parties dispositive motions: Plaintiffs opposition to defendants motion for summary judgment and CREWs motion for summary judgment due by 9/12/2014. Defendants reply in support of its motion for summary judgment and opposition to plaintiffs cross-motion for summary judgment due by 10/2/2014. Plaintiffs reply in support of its motion for summary judgment due by 10/14/2014. Signed by Judge Christopher R. Cooper on 8/27/2014. (tcr) (Entered: 08/27/2014)
2014-09-1154Unopposed MOTION for Extension of Time to File Response/Reply as to 51 MOTION for Summary Judgment by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON (Attachments: # 1 Text of Proposed Order)(Sobel, David) (Entered: 09/11/2014)
2014-09-12MINUTE ORDER granting 54 unopposed MOTION for Extension of Time to File Response/Reply; and it is hereby ORDERED that the following schedule is established for further briefing on the parties' dispositive motions: Plaintiff's opposition to defendant's motion for summary judgment and cross-motion for summary judgment is due by 9/26/2014. Defendant's reply in support of its motion for summary judgment and opposition to plaintiff's cross-motion for summary judgment is due by 10/16/2014. Plaintiff's reply in support of its motion for summary judgment is due by 10/28/2014. Further requests for extensions will be looked upon with disfavor. Signed by Judge Christopher R. Cooper on 9/12/2014. (lccrc3, ) (Entered: 09/12/2014)
2014-09-2455Consent MOTION for Extension of Time to File Response/Reply as to 51 MOTION for Summary Judgment by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON (Attachments: # 1 Text of Proposed Order)(Sobel, David) (Entered: 09/24/2014)
2014-09-25MINUTE ORDER granting 55 Consent MOTION for Extension of Time to File Response/Reply as to 51 MOTION for Summary Judgment ; and that plaintiff shall have until October 10, 2014, in which to file its response to defendants pending motion for summary judgment. Signed by Judge Christopher R. Cooper on 9/25/2014. (tcr) (Entered: 09/25/2014)
2014-09-26MINUTE ORDER: A telephonic conference is hereby set for Thursday, October 2, 2014 at 10:30 AM in Chambers before Judge Christopher R. Cooper. Signed by Judge Christopher R. Cooper on 9/26/2014. (tcr) (Entered: 09/26/2014)
2014-10-0156NOTICE OF FILING CORRECTION TO THE RECORD by U.S. DEPARTMENT OF JUSTICE re 49 Reply to opposition to Motion (Attachments: # 1 Affidavit Hardy Declaration)(Graham-Oliver, Heather) (Entered: 10/01/2014)
2014-10-02Minute Entry for proceedings held before Judge Christopher R. Cooper: Telephone Conference held and concluded on 10/2/2014. Parties have reached a settlement and will file a stipulation of dismissal accordingly. (Court Reporter Not Present) (tcr) (Entered: 10/02/2014)
2014-10-0957MOTION to Dismiss Voluntarily by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON (Attachments: # 1 Text of Proposed Order)(Sobel, David) (Entered: 10/09/2014)
2014-10-3058ORDER granting 57 Motion to Dismiss. Signed by Judge Christopher R. Cooper on 10/29/2014. (lccrc3, ) (Entered: 10/30/2014)
2014-11-1259MOTION for Attorney Fees and Costs by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Text of Proposed Order)(Sobel, David) (Entered: 11/12/2014)
2014-12-0160Consent MOTION for Extension of Time to File Response/Reply as to 59 MOTION for Attorney Fees and Costs by U.S. DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Graham-Oliver, Heather) (Entered: 12/01/2014)
2014-12-03MINUTE ORDER granting 60 Motion for Extension of Time to File Response/Reply, and it is FURTHER ORDERED that Defendants shall file their response on or before December 15, 2014, and any reply is due on or before January 5, 2015. Signed by Judge Christopher R. Cooper on 12/3/2014. (lccrc3, ) (Entered: 12/03/2014)
2014-12-1561Memorandum in opposition to re 59 MOTION for Attorney Fees and Costs filed by U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Graham-Oliver, Heather) (Entered: 12/15/2014)
2015-01-0562REPLY to opposition to motion re 59 MOTION for Attorney Fees and Costs filed by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON. (Attachments: # 1 Exhibit A (2011 Malowane Decl.), # 2 Declaration of David L. Sobel (Supplemental))(Sobel, David) (Entered: 01/05/2015)
2015-02-1163NOTICE of Change of Address by Anne L. Weismann (Weismann, Anne) (Entered: 02/11/2015)
2015-02-1164MEMORANDUM OPINION re: Plaintiff's 59 MOTION for Attorney Fees and Costs. Signed by Judge Christopher R. Cooper on 2/11/2015. (tcr) (Entered: 02/11/2015)
2015-02-1165ORDER: For the reasons set forth in the accompanying Memorandum Opinion, it is hereby: ORDERED that Plaintiff Citizens for Responsibility and Ethics in Washingtons Motion for Attorney Fees and Costs 59 is GRANTED. It is further ORDERED that Plaintiff Citizens for Responsibility and Ethics in Washington isawarded a total of $35,018 in attorney fees and costs.This is a final, appealable order. Signed by Judge Christopher R. Cooper on 2/11/2015. (tcr) (Entered: 02/11/2015)
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