Case Detail

FOIA Project Annotation: Judge Richard Leon has ruled that CREW is not eligible for attorney's fees because it did not substantially prevail in its suit against the Justice Department for records concerning its investigation of former Rep. John Murtha and others for contracting improprieties. CREW requested records from DOJ concerning the Murtha investigation. The FBI denied the request on the basis of Exemption 7(A) (interference with ongoing investigation or proceeding). CREW filed suit and after the portions of the investigation pertaining to Murtha were closed, the FBI began processing the request. It was able to separate the main file concerning Murthaâ€"which it began to processâ€"from cross-references in files pertaining to third partiesâ€"which it continued to withhold. The FBI disclosed portions of about 230 pages. It then withheld another 194 pages and disclosed 50 pages that had been referred by the Criminal Division. CREW challenged the FBI's withholding of 200 pages. The parties continued to negotiate, including mediation, and the FBI eventually disclosed another handful of records. Neither EOUSA nor Criminal Division disclosed any records and CREW did not challenge those decisions. CREW then requested $25,000 in attorney's fees. CREW argued that its suit had caused the agency to process and disclose records. But Leon pointed out that "plaintiff's argument rests almost entirely on the time between the commencement of its suit in June 2011 and the FBI's first release of documents in October 2011. Although the time between the plaintiff's initiation of this lawsuit and the agency's release of responsive records is a salient factor in the Court's analysis, it is by no means dispositive evidence of causation. The sole question is whether plaintiff's lawsuit was necessary for its attainment of the requested documents. In this instance, it plainly was not." Leon explained that since the Murtha investigation was still ongoing when CREW first submitted its request the FBI had invoked Exemption 7(A) but "Exemption 7(A) is inherently 'temporal in nature' and expires when disclosure no longer interferes with active law enforcement proceedings. That was the case here. When portions of the investigation pertaining to Congressman Murtha closed subsequent to the filing of plaintiff's action, the FBI revised its stance, and determined that Exemption 7(A) no longer shielded all investigative records encompassed by plaintiff's request. Shortly thereafter, the FBI began to review, segregate, and produce non-exempt records responsive to plaintiff's request. It is abundantly clear that this disclosure was not caused by plaintiff's litigation. It resulted instead from the closure of certain investigations during the pendency of the lawsuit. As such, plaintiff did not 'substantially prevail' in its request of records from the FBI." Leon rejected CREW's assertion that it had prevailed because the FBI clarified its exemption claims. Instead, he observed that "the sin quo non of eligibility is the release of tangible records. A party simply does not 'prevail' by failing to obtain the requested records. As such, the FBI's release of information regarding the reasons for its withholding does not meet the litmus test for eligibility." He found the same fault with the ultimate responses of EOUSA and the Criminal Division. He noted that "plaintiff's argument fails [because] neither request bore any tangible fruit. In both instances, the EOUSA and the DOJ Criminal Division declined to release even a single responsive document. FOIA does not reward Pyrrhic victories, and neither will this Court."
Issues: Litigation - Attorney's fees - Prevailing party

Date Filed	Doc #	Docket Text
2011-06-16	1	COMPLAINT against U.S. DEPARTMENT OF JUSTICE ( Filing fee $ 350, receipt number 4616039724) filed by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON. (Attachments: # 1 Civil Cover Sheet)(rdj) (Entered: 06/17/2011)
2011-06-16		SUMMONS (3) Issued as to U.S. DEPARTMENT OF JUSTICE, U.S. Attorney and U.S. Attorney General (rdj) (Entered: 06/17/2011)
2011-06-16	2	LCvR 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: 06/17/2011)
2011-06-23	3	NOTICE of Appearance by Mercedeh Momeni on behalf of All Defendants (Momeni, Mercedeh) (Entered: 06/23/2011)
2011-07-18	4	Consent MOTION for Extension of Time to Answer Complaint by U.S. DEPARTMENT OF JUSTICE (Momeni, Mercedeh) (Entered: 07/18/2011)
2011-07-26	5	STANDING ORDER. Signed by Judge Richard J. Leon on 7/26/11. (lcrjl2) (Entered: 07/26/2011)
2011-07-27		MINUTE ORDER granting nunc pro tunc 4 Consent Motion for Extension of Time. It is hereby ORDERED that the motion is GRANTED. It is further ORDERED that defendant has up to and including August 1, 2011 to file a response to plaintiff's complaint. Signed by Judge Richard J. Leon on 7/27/11. (lcrjl2) (Entered: 07/27/2011)
2011-07-31		Set/Reset Deadlines: Defendant's answer to the complaint is due by 8/1/2011.(jth) (Entered: 07/31/2011)
2011-08-01	6	ANSWER to 1 Complaint by U.S. DEPARTMENT OF JUSTICE.(Momeni, Mercedeh) (Entered: 08/01/2011)
2011-09-14	7	MEET AND CONFER STATEMENT. (Attachments: # 1 Text of Proposed Order)(Momeni, Mercedeh) (Entered: 09/14/2011)
2011-09-16		SCHEDULING ORDER: Defendant's Opening Brief due by 3/15/2012. Plaintiff's Opposition and Cross-Motion due by 4/16/2012. Defendant's Reply and Opposition due by 5/8/2011. Plaintiff's Replies due by 5/22/2011. Directed by Judge Richard J. Leon on 9/16/2011. (kc ) (Entered: 09/16/2011)
2012-02-14	8	NOTICE OF SUBSTITUTION OF COUNSEL by John Peter Tavana on behalf of U.S. DEPARTMENT OF JUSTICE Substituting for attorney Mercedeh Momeni (Tavana, John) (Entered: 02/14/2012)
2012-03-07	9	MOTION for Extension of Time to File Motion for Summary Judgment by U.S. DEPARTMENT OF JUSTICE (Attachments: # 1 Proposed Order)(Tavana, John) (Entered: 03/07/2012)
2012-03-09	10	ORDER Upon consideration of Defendants unopposed motion to extend the time for filing its motion for summary judgment, and the entire record herein, the Court finds that there is good cause for the extension requested, and it is ORDERED that the motion is GRANTED. Defendants motion for summary judgment shall be filed no later than April 30, 2012. SO ORDERED. Signed by Judge Richard J. Leon on 3/9/2012. (see order) (kc ) (Entered: 03/09/2012)
2012-04-26	11	Second MOTION for Extension of Time to File Defendant's Motion for Summary Judgment (Opposed) by U.S. DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Tavana, John) (Entered: 04/26/2012)
2012-04-30		MINUTE ORDER granting 11 Defendant's Opposed Motion to Extend Time to File Defendant's Motion for Summary Judgment. It is hereby ORDERED that the motion is granted, and that defendant has up to, and including, 5/31/12 to file a motion for summary judgment. Signed by Judge Richard J. Leon on 4/30/12. (lcrjl2) (Entered: 04/30/2012)
2012-04-30		Set/Reset Deadlines:defendants Summary Judgment motions due by 5/31/2012. (kc ) (Entered: 04/30/2012)
2012-05-29	12	Third MOTION for Extension of Time to File Defendant's Motion for Summary Judgment (OPPOSED) by U.S. DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Tavana, John) (Entered: 05/29/2012)
2012-05-29	13	Memorandum in opposition to re 12 Third MOTION for Extension of Time to File Defendant's Motion for Summary Judgment (OPPOSED) filed by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON. (Attachments: # 1 Text of Proposed Order)(Weismann, Anne) (Entered: 05/29/2012)
2012-05-31		MINUTE ORDER granting 12 Opposed Third Motion to Extend Time to File Defendant's Motion for Summary Judgment. It is hereby ORDERED that defendant's motion is GRANTED and that defendant's motion for summary judgment is due on June 15, 2012. Signed by Judge Richard J. Leon on 5/31/12. (lcrjl2) (Entered: 05/31/2012)
2012-06-12	14	Unopposed MOTION for Extension of Time to File Defendant's Motion for Summary Judgment by U.S. DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Tavana, John) (Entered: 06/12/2012)
2012-06-19		MINUTE ORDER granting nunc pro tunc 14 Unopposed Motion for Extension of Time to File Defendant's Motion for Summary Judgment. It is hereby ORDERED that the motion is GRANTED and that defendant has up to and including July 13, 2012 to file its motion for summary judgment. Signed by Judge Richard J. Leon on 6/19/12. (lcrjl2) (Entered: 06/19/2012)
2012-06-20		Set/Reset Deadlines: Defendants Summary Judgment motions due by 7/13/2012. (kc ) (Entered: 06/20/2012)
2012-07-12	15	Unopposed MOTION for Extension of Time to File Defendant's Motion for Summary Judgment by U.S. DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Tavana, John) (Entered: 07/12/2012)
2012-07-16		MINUTE ORDER granting nunc pro tunc 15 Unopposed Motion to Extend Time to File Defendant's Motion for Summary Judgment. It is hereby ORDERED that the motion is GRANTED and that defendant has up to, and including, August 10, 2012 to file its motion. Signed by Judge Richard J. Leon on 7/16/12. (lcrjl2) (Entered: 07/16/2012)
2012-07-16		Set/Reset Deadlines: Defendants motion due by 8/10/2012. (kc ) (Entered: 07/16/2012)
2012-08-09	16	Unopposed MOTION for Extension of Time to FILE DEFENDANT'S MOTION FOR SUMMARY JUDGMENT by U.S. DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Tavana, John) (Entered: 08/09/2012)
2012-08-22		MINUTE ORDER granting nunc pro tunc 16 Unopposed Motion to Extend Time to File Defendant's Motion for Summary Judgment. It is hereby ORDERED that the motion is GRANTED nunc pro tunc and that defendant has up to, and including, September 10, 2012 to file its motion.Signed by Judge Richard J. Leon on 8/22/12. (lcrjl2) (Entered: 08/22/2012)
2012-09-07	17	Joint MOTION to Stay Litigation , Joint MOTION for Mediation by U.S. DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Tavana, John) (Entered: 09/07/2012)
2012-09-13	19	CASE DIRECTLY REFERRED to Magistrate Judge John M. Facciola for Mediation. (ls, ) (Entered: 09/19/2012)
2012-09-19	18	ORDER, Ordered that this action be referred to Magistrate Judge John M. Facciola for mediation; it is further Ordered that this matter is stayed for all purposes for 60 days from the date of this Order; and it is further Ordered that the parties shall file a joint report regarding the status of their mediation proceddings by November 19, 2012. Signed by Judge Richard J. Leon on 9/13/2012. (see order) (kc ) (Entered: 09/19/2012)
2012-09-19		MINUTE ORDER STAYING CASE FOR 60 DAYS. See Docket Entry 18 to view order. Signed by Judge Richard J. Leon on 9/13/2012. (kc ) Modified event title on 9/20/2012 (znmw, ). (Entered: 09/19/2012)
2012-09-26	20	ORDER re referral to Judge Facciola for settlement. Signed by Magistrate Judge John M. Facciola on 9/26/12. (SP, ) (Entered: 09/26/2012)
2012-09-26		Set/Reset Hearings: Settlement Conference set for 10/12/2012 at 10:00 AM before Magistrate Judge John M. Facciola. (SP, ) Modified on 10/11/2012 (lcjmf1, ). (Entered: 09/26/2012)
2012-10-12		Minute Entry for proceedings held before Magistrate Judge John M. Facciola: Settlement Conference held on 10/12/2012. (lcjmf1, ) (Entered: 10/12/2012)
2013-01-31	21	NOTICE OF SUBSTITUTION OF COUNSEL by Heather D. Graham-Oliver on behalf of U.S. DEPARTMENT OF JUSTICE Substituting for attorney John Tavana (Graham-Oliver, Heather) (Entered: 01/31/2013)
2013-02-01	22	ENTERED IN ERROR.....STATUS REPORT (Joint) by U.S. DEPARTMENT OF JUSTICE. (Graham-Oliver, Heather) Modified on 2/4/2013 (znmw, ). (Entered: 02/01/2013)
2013-02-01	23	ENTERED IN ERROR..... MOTION to Stay re 22 Status Report by U.S. DEPARTMENT OF JUSTICE (Graham-Oliver, Heather) Modified on 2/4/2013 (znmw). (Entered: 02/01/2013)
2013-02-04		NOTICE OF ERROR re 23 Motion to Stay; emailed to heather.graham-oliver@usdoj.gov, cc'd 4 associated attorneys -- The PDF file you docketed contained errors: 1. Incorrect header/caption/case number, 2. Please refile document, 3. Entered in error; Incorrect case number and judge's initals. (znmw, ) (Entered: 02/04/2013)
2013-02-04		NOTICE OF ERROR re 22 Status Report; emailed to heather.graham-oliver@usdoj.gov, cc'd 4 associated attorneys -- The PDF file you docketed contained errors: 1. Incorrect header/caption/case number, 2. Please refile document, 3. Entered in error; Incorrect case number and judge's initals. (znmw, ) (Entered: 02/04/2013)
2013-02-05	24	STATUS REPORT (Joint) by U.S. DEPARTMENT OF JUSTICE. (Graham-Oliver, Heather) (Entered: 02/05/2013)
2013-02-05	25	Joint MOTION to Stay Litigation by U.S. DEPARTMENT OF JUSTICE (Graham-Oliver, Heather) (Entered: 02/05/2013)
2013-02-07		MINUTE ORDER granting 25 Joint Motion to Stay. It is hereby ORDERED that the motion is GRANTED and the above-captioned case is STAYED for sixty (60) days from the date of this order. Signed by Judge Richard J. Leon on 2/7/13. (lcrjl2) (Entered: 02/07/2013)
2013-07-16		Set/Reset Hearings: Settlement Conference set for 7/25/2013 02:00 PM in Chambers before Magistrate Judge John M. Facciola. (lcjmf1, ) (Entered: 07/16/2013)
2013-07-25		Minute Entry for proceedings held before Magistrate Judge John M. Facciola: Settlement Conference held on 7/25/2013. (SP, ) (Entered: 07/25/2013)
2014-06-18	26	Joint MOTION to Lift Stay re Order on Motion to Stay and Set Briefing Schedule by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON (Attachments: # 1 Text of Proposed Order)(Weismann, Anne) (Entered: 06/18/2014)
2014-06-23		MINUTE ORDER granting 26 Joint Motion to Lift Stay and Set Briefing Schedule. It is hereby ORDERED that the motion is GRANTED and the stay is LIFTED. It is further ORDERED that the parties shall abide by the following briefing schedule: (1) plaintiff shall file its Motion for a Fee Award on or before 7/11/2014; (2) defendant shall file its Opposition to plaintiff's motion on or before 7/29/2014; and (3) plaintiff shall file its Reply on or before 8/11/2014. Signed by Judge Richard J. Leon on 6/23/14. (lcrjl2, ) (Entered: 06/23/2014)
2014-06-24		Set/Reset Deadlines: Plaintiff's Motion for a Fee Award is due 7/11/2014; Defendant's Opposition is due by 7/29/2014; Plaintiff's Reply, is due by 8/11/2014. (jth) (Entered: 06/24/2014)
2014-07-11	27	MOTION for Attorney Fees by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON (Attachments: # 1 Memorandum in Support, # 2 Exhibit A through E, # 3 Exhibit F through P, # 4 Text of Proposed Order)(Weismann, Anne) (Entered: 07/11/2014)
2014-07-29	28	Consent MOTION for Extension of Time to File Response/Reply as to 27 MOTION for Attorney Fees by U.S. DEPARTMENT OF JUSTICE (Graham-Oliver, Heather) (Entered: 07/29/2014)
2014-07-30		MINUTE ORDER granting, nunc pro tunc, 28 Consent Motion for Extension of Time to File the Opposition to Plaintiff's Motion for Attorney's Fees. It it hereby ORDERED that the motion is GRANTED. It is further ORDERED that defendant shall file its Opposition on or before 8/12/2014, and plaintiff shall file its Reply on or before 8/26/2014. Signed by Judge Richard J. Leon on 7/30/14.(lcrjl2, ) (Entered: 07/30/2014)
2014-07-31		Set/Reset Deadlines: Response due by 8/12/2014. Reply due by 8/26/2014. (tb, ) (Entered: 07/31/2014)
2014-08-05	29	NOTICE of Change of Address by Anne L. Weismann (Weismann, Anne) (Entered: 08/05/2014)
2014-08-12	30	Unopposed MOTION for Extension of Time to File Response/Reply as to 27 MOTION for Attorney Fees by U.S. DEPARTMENT OF JUSTICE (Graham-Oliver, Heather) (Entered: 08/12/2014)
2014-08-14		MINUTE ORDER granting, nunc pro tunc, 30 Unopposed Motion for Extension of Time to File Opposition to Plaintiff's Motion for Attorney's Fees. It is hereby ORDERED that the motion is GRANTED. It is further ORDERED that defendant shall file its Opposition to Plaintiff's Motion for Attorney's Fees no later than 8/14/2014. Plaintiff's Reply is due no later than 8/28/2014 Signed by Judge Richard J. Leon on 8/14/14. (lcrjl2, ) Modified on 8/14/2014 to reflect the due date for the reply (jth). (Entered: 08/14/2014)
2014-08-14		Set/Reset Deadlines: Defendant Opposition to Plaintiff's Motion for Attorney's Fees is now due by 8/14/2014. Plaintiff's Reply is due by 8/28/2014. (jth) (Entered: 08/14/2014)
2014-08-14	31	RESPONSE re 27 MOTION for Attorney Fees filed by U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Affidavit Hardy Declaration, # 2 Exhibit Hardy Exhibits)(Graham-Oliver, Heather) (Entered: 08/14/2014)
2014-08-26	32	REPLY to opposition to motion re 27 MOTION for Attorney Fees filed by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Weismann, Anne) (Entered: 08/26/2014)
2015-02-11	33	NOTICE of Change of Address by Anne L. Weismann (Weismann, Anne) (Entered: 02/11/2015)
2015-03-18	34	MEMORANDUM AND OPINION. Signed by Judge Richard J. Leon on 03/17/15. (tb, ) (Entered: 03/18/2015)
2015-03-18	35	ORDER: For the reasons set for in the Memorandum Opinion entered this day; it is hereby ordered that plaintiff's 27 Motion for Attorney Fees is DENIED. Signed by Judge Richard J. Leon on 03/17/15. (tb, ) (Entered: 03/18/2015)
Hide Docket Events