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Case TitleJUDICIAL WATCH, INC. v. U.S. DEPARTMENT OF STATE
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2013cv00772
Date Filed2013-05-28
Date ClosedOpen
JudgeJudge Colleen Kollar-Kotelly
PlaintiffJUDICIAL WATCH, INC.
DefendantUNITED STATES DEPARTMENT OF STATE
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Opinion/Order [61]
FOIA Project Annotation: Judge Colleen Kollar-Kotelly has ruled that the Department of State properly withheld records pertaining to seven of former Secretary of State Hillary Clinton's daily schedules dealing with meeting on national security issues, including National Security Council meetings, under Exemption 5 (privileges) in response to a request from Judicial Watch for records concerning Bill Clinton's speech schedule. In responding to Judicial Watch's request, the State Department disclosed 1,183 documents in full, 1,777 in part, and withheld 17 documents in full. Since Judicial Watch only challenged the agency's redactions of the seven documents, Kollar-Kotelly agreed to review them in camera. After having conducted her review, Kollar-Kotelly found that all the redactions were appropriate under the presidential communications privilege. She noted that the recent decision by Judge Rudolph Contreras in Property of the People v. OMB, 2019 WL 3891166 (D.D.C., Aug. 19, 2019), finding that the organization could not gain access to records of White House meetings on national security issues through OMB, was particularly on point here. She explained that "just as a White House log reflecting a particular individual at a particular time could all but confirm she deliberated with the President or his immediate White House advisor about a given topic, so too an entry on Secretary Clinton's schedule reflecting a meeting with the President or an immediate White House advisor at a particular time could give away sensitive information about its contents. More specifically, the Secretary's participation in a meeting of the NSC or one of its sub-units on a particular date and time " particularly if accompanied by a list of other attendees " threatens to divulge national security-sensitive information." She pointed out that "here too, the events on Secretary Clinton's calendars presumably would involve advice to the President or his immediate White House advisors to guide their development of policies." Her specific analysis of the individual redactions was contained in six pages that were redacted as well. Kollar-Kotelly also addressed the agency's segregability analysis. She noted that "the presidential communications privilege protects the entirety of a document to which it applies. It seems to follow, a fortiori, that a redaction protected under this privilege need not be parsed for segregable material."
Issues: Exemption 5 - Privileges
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2013-05-281COMPLAINT against U.S. DEPARTMENT OF STATE ( Filing fee $ 400 receipt number 0090-3339581) filed by JUDICIAL WATCH, INC.. (Attachments: # 1 Civil Cover Sheet, # 2 Summons U.S. Attorney General, # 3 Summons U.S. Attorney for D.D.C., # 4 Summons U.S. Dept. of State)(Orfanedes, Paul) (Entered: 05/28/2013)
2013-05-282LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by JUDICIAL WATCH, INC. (Orfanedes, Paul) (Entered: 05/28/2013)
2013-05-28Case Assigned to Judge Colleen Kollar-Kotelly. (md, ) (Entered: 05/28/2013)
2013-05-283ELECTRONIC SUMMONS Issued (3) as to UNITED STATES DEPARTMENT OF STATE, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Summons 2nd, # 2 Summons 3rd, # 3 Notice of Consent, # 4 Consent Form)(md, ) (Entered: 05/28/2013)
2013-05-304NOTICE of Appearance by Julie B. Axelrod on behalf of JUDICIAL WATCH, INC. (Axelrod, Julie) (Entered: 05/30/2013)
2013-06-035ORDER Establishing Procedures for Filing for Cases Assigned to Judge Colleen Kollar-Kotelly, signed on June 3, 2013. (SM) (Entered: 06/03/2013)
2013-06-116RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 6/4/2013. Answer due for ALL FEDERAL DEFENDANTS by 7/4/2013. (Attachments: # 1 Declaration of Cristina Rotaru)(Orfanedes, Paul) (Entered: 06/11/2013)
2013-06-117RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 6/4/2013., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES DEPARTMENT OF STATE served on 6/4/2013. (See Docket Entry 6 to view document). (znmw, ) (Entered: 06/12/2013)
2013-07-168Unopposed MOTION for Extension of Time to File Answer re 1 Complaint, Nunc Pro Tunc, with Answer Lodged by UNITED STATES DEPARTMENT OF STATE (Attachments: # 1 Text of Proposed Order, # 2 Exhibit (1): Lodged Answer)(Todd, James) (Entered: 07/16/2013)
2013-08-10MINUTE ORDER (paperless). For the reasons set forth in Defendant's 8 Motion for Extension of Time to Respond Nunc Pro Tunc, to which Plaintiff consents, Defendant's motion for extension of time is GRANTED, and Defendant's Answer to the Complaint lodged as an exhibit to the motion is hereby deemed FILED. Further, Defendant having now filed an Answer to the Complaint in this Freedom of Information Act action, the parties shall promptly meet and confer and, by no later than AUGUST 19, 2013, file a Joint Status Report proposing a schedule for further proceedings. Signed by Judge Colleen Kollar-Kotelly on August 10, 2013.(lcckk1) (Entered: 08/10/2013)
2013-08-109ANSWER to Complaint by UNITED STATES DEPARTMENT OF STATE.(znmw, ) (Entered: 08/12/2013)
2013-08-1910JOINT STATUS REPORT. (Attachments: # 1 Text of Proposed Order)(Todd, James) Modified event title on 9/22/2014 (znmw, ). (Entered: 08/19/2013)
2013-08-2311ORDER. In order to administer this civil action in a manner fair to the litigants and consistent with the parties' interest in completing this litigation in the shortest possible time and at the least possible cost, the parties are directed to comply with each of the directives set forth in this Order. Further, the parties shall adhere to the following schedule: (a) Defendant shall complete the searches of components it has determined are reasonably likely to contain responsive records by October 15, 2013. (b) Defendant shall begin rolling productions of material that it determines to be releasable on October 22, 2013 and will continue making releases on a rolling basis every six weeks thereafter. (c) The parties shall file a supplemental joint status report by October 18, 2013. Signed by Judge Colleen Kollar-Kotelly on August 23, 2013. (lcckk1) (Entered: 08/23/2013)
2013-08-23MINUTE ORDER: Pursuant to the Parties Joint Status Report filed on August 19, 2013, the Parties shall file a supplemental joint status report by no later than October 18, 2013. Signed by Judge Colleen Kollar-Kotelly on August 23, 2013. (SM) (Entered: 08/23/2013)
2013-08-23Set/Reset Deadlines: Joint Status Report due by 10/18/2013. (dot ) (Entered: 08/23/2013)
2013-10-1012NOTICE OF WITHDRAWAL OF APPEARANCE as to JUDICIAL WATCH, INC.. Attorney Julie B. Axelrod terminated. (Axelrod, Julie) (Entered: 10/10/2013)
2013-10-1813STATUS REPORT Joint Supplemental by UNITED STATES DEPARTMENT OF STATE. (Attachments: # 1 Text of Proposed Order)(Todd, James) (Entered: 10/18/2013)
2013-10-21MINUTE ORDER (paperless). The Court has reviewed the parties' 13 Supplemental Joint Status Report in Response to the Court's August 23, 2013 Minute Order. The parties shall file a supplemental JOINT STATUS REPORT by no later than JANUARY 16, 2014. Signed by Judge Colleen Kollar-Kotelly on October 21, 2013. (lcckk1) (Entered: 10/21/2013)
2014-01-1514NOTICE of Appearance by Jason B. Aldrich on behalf of JUDICIAL WATCH, INC. (Aldrich, Jason) (Entered: 01/15/2014)
2014-01-1615JOINT STATUS REPORT. (Attachments: # 1 Text of Proposed Order)(Todd, James) Modified event title on 1/17/2014 (znmw, ). (Entered: 01/16/2014)
2014-01-1716SCHEDULING ORDER:Supplemental Joint Status Report due by 4/15/2014. Signed by Judge Colleen Kollar-Kotelly on 1/17/14. (dot ) (Entered: 01/17/2014)
2014-04-1517Joint MOTION for Extension of Time to File Status Report by JUDICIAL WATCH, INC. (Attachments: # 1 Text of Proposed Order)(Aldrich, Jason) (Entered: 04/15/2014)
2014-04-16MINUTE ORDER granting 17 Parties' Joint Motion for Extension of Time to File Status Report. The Parties shall have until and including April 24, 2014, to file a Joint Status Report. Signed by Judge Colleen Kollar-Kotelly on April 16, 2014. (SM) (Entered: 04/16/2014)
2014-04-16Set/Reset Deadlines: Joint Status Report due by 4/24/2014. (dot ) (Entered: 04/17/2014)
2014-04-2418JOINT STATUS REPORT. (Attachments: # 1 Text of Proposed Order)(Todd, James) Modified event title on 9/22/2014 (znmw, ). (Entered: 04/24/2014)
2014-04-24MINUTE ORDER (paperless). The Court has reviewed the parties' 18 Supplemental Joint Status Report. The parties shall file a supplemental JOINT STATUS REPORT by no later than JULY 23, 2014. Signed by Judge Colleen Kollar-Kotelly on April 24, 2014. (lcckk1) (Entered: 04/24/2014)
2014-04-24Set/Reset Deadlines: Supplemental Joint Status Report due by 7/23/2014. (dot ) (Entered: 04/29/2014)
2014-07-2119JOINT STATUS REPORT. (Attachments: # 1 Text of Proposed Order)(Todd, James) Modified event title on 9/22/2014 (znmw, ). (Entered: 07/21/2014)
2014-07-2120ORDER Joint Status Report due by 9/19/2014. Signed by Judge Colleen Kollar-Kotelly on 7/21/14. (dot ) (Entered: 07/21/2014)
2014-09-1921JOINT STATUS REPORT. (Attachments: # 1 Text of Proposed Order)(Todd, James) Modified event title on 9/22/2014 (znmw, ). (Entered: 09/19/2014)
2014-09-22MINUTE ORDER (paperless). The Court has reviewed the parties' 21 Supplemental Joint Status Report. The parties shall file a supplemental JOINT STATUS REPORT by no later than DECEMBER 21, 2014. Signed by Judge Colleen Kollar-Kotelly on 09/22/2014. (lcckk2) (Entered: 09/22/2014)
2014-09-22NOTICE OF ERROR re 21 Meet and Confer Statement; emailed to james.todd@usdoj.gov, cc'd 3 associated attorneys -- The PDF file you docketed contained errors: 1. Incorrect event used, 2. In future, use the event STATUS REPORT under Other Documents. (znmw, ) (Entered: 09/22/2014)
2014-09-22Set/Reset Deadlines: Supplemental Joint Status Report due by 12/21/2014. (dot ) (Entered: 09/22/2014)
2014-12-1822STATUS REPORT by UNITED STATES DEPARTMENT OF STATE. (Attachments: # 1 Text of Proposed Order)(Todd, James) (Entered: 12/18/2014)
2014-12-23MINUTE ORDER (paperless). The Court has reviewed the parties' 22 Supplemental Joint Status Report. The parties shall file a supplemental JOINT STATUS REPORT by no later than MARCH 23, 2015. Signed by Judge Colleen Kollar-Kotelly on 12/23/2014. (lcckk2) (Entered: 12/23/2014)
2014-12-23Set/Reset Deadlines: Parties supplemental Joint Status Report due by 3/23/2015. (dot ) (Entered: 12/24/2014)
2015-03-2323STATUS REPORT Joint Supplemental by UNITED STATES DEPARTMENT OF STATE. (Attachments: # 1 Text of Proposed Order)(Todd, James) (Entered: 03/23/2015)
2015-03-23Set/Reset Deadlines: Supplemental Joint Status Report due by 6/22/2015. (dot ) (Entered: 03/24/2015)
2015-03-24MINUTE ORDER (paperless). The Court has reviewed the parties' 23 Supplemental Joint Status Report. The parties shall file a supplemental JOINT STATUS REPORT by no later than JUNE 22, 2015. Signed by Judge Colleen Kollar-Kotelly on 3/24/2015. (lcckk2) (Entered: 03/24/2015)
2015-06-2224STATUS REPORT , Joint Supplemental by UNITED STATES DEPARTMENT OF STATE. (Attachments: # 1 Text of Proposed Order)(Todd, James) (Entered: 06/22/2015)
2015-06-22Set/Reset Deadlines: Joint Status Report due by 8/24/2015. (dot) (Entered: 06/23/2015)
2015-06-23MINUTE ORDER (paperless). The Court has reviewed the parties' 24 Supplemental Joint Status Report. The parties shall file a supplemental JOINT STATUS REPORT by no later than AUGUST 24, 2015. Signed by Judge Colleen Kollar-Kotelly on 6/23/2015. (lcckk2) (Entered: 06/23/2015)
2015-08-2425Joint MOTION for Extension of Time to File Joint Supplemental Status Report by UNITED STATES DEPARTMENT OF STATE (Attachments: # 1 Text of Proposed Order)(Todd, James) (Entered: 08/24/2015)
2015-08-25MINUTE ORDER (paperless). The parties' 25 Joint Motion for Extension of Time to File Supplemental Joint Status Report is GRANTED, nunc pro tunc . The parties, jointly, seek an extension from August 24, 2015, until August 27, 2015, to file the Joint Supplemental Status Report that is currently due. The parties seek the extension in order to allow the parties sufficient time to discuss Plaintiff's inquiry regarding changing the schedule for the search and production of emails provided by former Secretary of State Hillary Clinton. The parties shall file the Supplemental Joint Status Report by no later than AUGUST 27, 2015. Signed by Judge Colleen Kollar-Kotelly on 8/25/2015. (lcckk2) (Entered: 08/25/2015)
2015-08-25Set/Reset Deadlines: Joint Status Report due by 8/27/2015. (dot) (Entered: 08/26/2015)
2015-08-2726Second MOTION for Extension of Time to File Joint Status Report by JUDICIAL WATCH, INC. (Attachments: # 1 Text of Proposed Order)(Aldrich, Jason) (Entered: 08/27/2015)
2015-08-28MINUTE ORDER (paperless). The parties' 26 Joint Motion for Extension of Time to File Supplemental Joint Status Report is GRANTED, nunc pro tunc . The parties, jointly, seek an extension from August 27, 2015, until September 3, 2015, to file the Joint Supplemental Status Report that is currently due. The Court notes that this is the parties' second motion for extension of time that they have filed this week regarding the status report that is due. In the future, to avoid the inefficiency of filing and resolving multiple extensions of time in a short span of time, the Court expects the parties to attend closely to the amount of additional time that they need when they request an extension. This is particularly true in these circumstances where the deadline at issue is the filing of a status report. The parties have now effectively provided two mini-status reports regarding the status report. Accordingly, the parties shall provide the Supplement Joint Status Report that is due no later than SEPTEMBER 3, 2015, and the Court will not grant any additional extensions with respect to this deadline (barring truly exigent circumstances). If the parties have not resolved all of the issues regarding search terms to use with respect to Secretary Clinton's emails by next week, they must nevertheless report on the status of those negotiations, and they may propose a deadline for an additional status report as necessary. Signed by Judge Colleen Kollar-Kotelly on 8/28/2015. (lcckk2) (Entered: 08/28/2015)
2015-08-28Set/Reset Deadline: The parties shall provide the Supplemental Joint Status Report, due no later than 9/3/2015. (Modified on 8/28/2015 (kt). (Entered: 08/28/2015)
2015-09-0327NOTICE re Motion for Designation of Coordinating Judge by UNITED STATES DEPARTMENT OF STATE (Attachments: # 1 Exhibit)(Todd, James) (Entered: 09/03/2015)
2015-09-0328Joint STATUS REPORT by JUDICIAL WATCH, INC.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9)(Orfanedes, Paul) (Entered: 09/03/2015)
2015-09-0329MOTION to Stay Pending Resolution of Motion for Designation of Coordinating Judge by UNITED STATES DEPARTMENT OF STATE (Attachments: # 1 Text of Proposed Order)(Todd, James) (Entered: 09/03/2015)
2015-09-0430NOTICE of Court Order in Misc. Case No. 15-1188 by UNITED STATES DEPARTMENT OF STATE (Attachments: # 1 Exhibit)(Todd, James) (Entered: 09/04/2015)
2015-09-2131Memorandum in opposition to re 29 MOTION to Stay Pending Resolution of Motion for Designation of Coordinating Judge Opposition to Defendant's Motion to Stay filed by JUDICIAL WATCH, INC.. (Attachments: # 1 Exhibit Exhibit 1, # 2 Text of Proposed Order Proposed Order)(Aldrich, Jason) (Entered: 09/21/2015)
2015-09-3032REPLY to opposition to motion re 29 MOTION to Stay Pending Resolution of Motion for Designation of Coordinating Judge filed by UNITED STATES DEPARTMENT OF STATE. (Todd, James) (Entered: 09/30/2015)
2015-10-08MINUTE ORDER (paperless). The Department of State's Motion for Designation of Coordinating Judge, filed in the miscellaneous action captioned In re: U.S. Department of State FOIA Litigation Regarding Emails of Certain Former Officials , has now been denied by Chief Judge Richard Roberts on behalf of the Judges of the United States District Court for the District of Columbia, sitting in Executive Session. See Order, In re: U.S. Department of State FOIA Litigation Regarding Emails of Certain Former Officials , 15-cv-1188 (D.D.C. Oct. 8, 2015), ECF No. 41. Accordingly, Defendant's 29 Motion to Stay Pending Resolution of its Motion for Designation of Coordinating Judge is DENIED AS MOOT. Signed by Judge Colleen Kollar-Kotelly on 10/8/2015. (lcckk2) (Entered: 10/08/2015)
2015-12-17MINUTE ORDER (paperless). The parties shall file a Joint Status Report regarding the ongoing productions in this case no later than JANUARY 15, 2016. Signed by Judge Colleen Kollar-Kotelly on 12/17/2015. (lcckk2) (Entered: 12/17/2015)
2015-12-17Set/Reset Deadlines: Joint Status Report due by 1/15/2016. (dot) (Entered: 12/18/2015)
2016-01-1533Joint STATUS REPORT , Supplemental by UNITED STATES DEPARTMENT OF STATE. (Todd, James) (Entered: 01/15/2016)
2016-01-19MINUTE ORDER (paperless). In light of the parties' 33 Supplemental Joint Status Report, the parties shall file an additional Joint Status Report regarding the ongoing productions in this case no later than MARCH 15, 2016. Signed by Judge Colleen Kollar-Kotelly on 1/19/2016. (lcckk2) (Entered: 01/19/2016)
2016-01-19Set/Reset Deadlines: Supplemental Joint Status Report due by 3/15/2016. (dot) (Entered: 01/19/2016)
2016-03-1534Joint STATUS REPORT , Supplemental by UNITED STATES DEPARTMENT OF STATE. (Todd, James) (Entered: 03/15/2016)
2016-03-21MINUTE ORDER: In light of the parties' 34 Supplemental Joint Status Report, the parties shall file an additional Joint Status Report regarding the ongoing productions in this case no later than MAY 17, 2016. Signed by Judge Colleen Kollar-Kotelly on 3/21/2016. (lcckk2) (Entered: 03/21/2016)
2016-03-21Set/Reset Deadlines: Joint Status Report due by 5/17/2016. (dot) (Entered: 03/24/2016)
2016-05-1735Joint STATUS REPORT , Supplemental by UNITED STATES DEPARTMENT OF STATE. (Todd, James) (Entered: 05/17/2016)
2016-05-20MINUTE ORDER: In light of the parties' 35 Supplemental Joint Status Report, the parties shall file an additional Joint Status Report regarding the ongoing productions in this case no later than JULY 19, 2016. Signed by Judge Colleen Kollar-Kotelly on 5/20/2016. (lcckk2) (Entered: 05/20/2016)
2016-05-20Set/Reset Deadlines: Joint Status Report due by 7/19/2016. (dot) (Entered: 05/23/2016)
2016-07-1936Joint STATUS REPORT by UNITED STATES DEPARTMENT OF STATE. (Todd, James) (Entered: 07/19/2016)
2016-07-20MINUTE ORDER: In light of the parties' 36 Supplemental Joint Status Report, the parties shall file an additional Joint Status Report regarding the ongoing productions in this case no later than SEPTEMBER 19, 2016. Signed by Judge Colleen Kollar-Kotelly on 7/20/2016. (lcckk2) (Entered: 07/20/2016)
2016-07-20Set/Reset Deadlines: The parties shall file an additional Joint Status Report regarding the ongoing productions in this case no later than 9/19/2016. (kt) (Entered: 07/20/2016)
2016-09-1937Joint STATUS REPORT by UNITED STATES DEPARTMENT OF STATE. (Todd, James) (Entered: 09/19/2016)
2016-09-27MINUTE ORDER: In light of the parties' 37 Supplemental Joint Status Report, the parties shall file an additional Joint Status Report regarding the ongoing productions in this case on or before NOVEMBER 18, 2016. Signed by Judge Colleen Kollar-Kotelly on 9/27/16. (lcckk1) (Entered: 09/27/2016)
2016-09-27Set/Reset Deadlines: Joint Status Report due by 11/18/2016. (dot) (Entered: 09/28/2016)
2016-11-1838Joint STATUS REPORT by UNITED STATES DEPARTMENT OF STATE. (Todd, James) (Entered: 11/18/2016)
2016-11-18MINUTE ORDER: In light of the parties' 38 Supplemental Joint Status Report, the parties shall file an additional Joint Status Report regarding the ongoing productions in this case on or before February 16, 2017. Signed by Judge Colleen Kollar-Kotelly on 11/18/2016. (lcckk1) (Entered: 11/18/2016)
2016-11-18Set/Reset Deadlines: Joint Status Report due by 2/16/2017. (dot) (Entered: 11/21/2016)
2017-02-1639Joint STATUS REPORT by UNITED STATES DEPARTMENT OF STATE. (Todd, James) (Entered: 02/16/2017)
2017-02-17MINUTE ORDER: In light of the parties' 39 Joint Status Report, the parties shall file an additional Joint Status Report regarding the ongoing productions in this case on or before May 17, 2017, and shall inform the Court as to what remains to be produced, and when the productions at issue in this matter shall be completed. Signed by Judge Colleen Kollar-Kotelly on 2/17/2017. (lcckk1) (Entered: 02/17/2017)
2017-02-17Set/Reset Deadlines: The parties shall file an additional Joint Status Report regarding the ongoing productions in this case on or before 5/17/2017. (kt) (Entered: 02/17/2017)
2017-05-1740Joint STATUS REPORT by UNITED STATES DEPARTMENT OF STATE. (Todd, James) (Entered: 05/17/2017)
2017-05-23MINUTE ORDER: In light of the parties' 40 Joint Status Report, which indicates that the next and final release of materials in this matter is slated to occur on May 25, 2017, the parties shall file a further Joint Status Report by JULY 17, 2017, indicating how the parties intend to proceed, and proposing a briefing schedule if necessary. Signed by Judge Colleen Kollar-Kotelly on 5/23/2017. (lcckk1) (Entered: 05/23/2017)
2017-05-23Set/Reset Deadlines: Joint Status Report due by 7/17/2017. (dot) (Entered: 05/25/2017)
2017-07-1741Joint STATUS REPORT Status Report by JUDICIAL WATCH, INC.. (Aldrich, Jason) (Entered: 07/17/2017)
2017-07-27MINUTE ORDER: In light of the parties' 41 Joint Status Report, which indicates that Defendant has completed its production and that the parties are conferring regarding certain documents, the parties shall file a further Joint Status Report by SEPTEMBER 15, 2017, indicating how the parties intend to proceed, and proposing a briefing schedule if necessary. Signed by Judge Colleen Kollar-Kotelly on 7/27/2017. (lcckk1) (Entered: 07/27/2017)
2017-07-27Set/Reset Deadlines: Joint Status Report due by 9/15/2017. (dot) (Entered: 07/28/2017)
2017-09-1542Joint STATUS REPORT by UNITED STATES DEPARTMENT OF STATE. (Todd, James) (Entered: 09/15/2017)
2017-09-20MINUTE ORDER: In light of the parties' 42 Joint Status Report, which indicates that the parties continue to meet and confer regarding the Vaughn index, the parties shall file a further Joint Status Report by OCTOBER 16, 2017, indicating how the parties intend to proceed, and proposing a briefing schedule if necessary. Signed by Judge Colleen Kollar-Kotelly on 9/20/2017. (lcckk1) (Entered: 09/20/2017)
2017-09-20Set/Reset Deadlines: Joint Status Report due by 10/16/2017. (dot) (Entered: 09/20/2017)
2017-10-1743Joint STATUS REPORT by UNITED STATES DEPARTMENT OF STATE. (Todd, James) (Entered: 10/17/2017)
2017-10-24MINUTE ORDER: In light of the parties' 43 Joint Status Report, which indicates that the parties continue to meet and confer regarding the status of this case, the parties shall file a further Joint Status Report by NOVEMBER 16, 2017, indicating how the parties intend to proceed, and proposing a briefing schedule if necessary. Signed by Judge Colleen Kollar-Kotelly on 10/24/2017. (lcckk1) (Entered: 10/24/2017)
2017-10-24Set/Reset Deadlines: Joint Status Report due by 11/16/2017. (dot) (Entered: 10/25/2017)
2017-11-1644Joint STATUS REPORT by UNITED STATES DEPARTMENT OF STATE. (Todd, James) (Entered: 11/16/2017)
2017-11-17MINUTE ORDER: In light of the parties' 44 Joint Status Report, which indicates that the parties continue to meet and confer regarding the status of this case, the parties shall file a further Joint Status Report by JANUARY 16, 2018 , indicating how the parties intend to proceed, and proposing a briefing schedule if necessary. Signed by Judge Colleen Kollar-Kotelly on November 17, 2017. (lcckk1) (Entered: 11/17/2017)
2017-11-17Set/Reset Deadlines: Joint Status Report due by 1/16/2018. (dot) (Entered: 11/20/2017)
2018-01-1645Joint STATUS REPORT by UNITED STATES DEPARTMENT OF STATE. (Todd, James) (Entered: 01/16/2018)
2018-01-17MINUTE ORDER: In light of the parties' 45 Joint Status Report, which indicates that "[s]ince the filing of the last status report, the Parties have further narrowed the dispute, reducing the number of records at issue by approximately one-third," and continue to meet and confer regarding the status of this case, the parties shall file a further Joint Status Report by MARCH 19, 2018 , indicating how the parties intend to proceed, and proposing a briefing schedule if necessary. Signed by Judge Colleen Kollar-Kotelly on January 17, 2018. (lcckk1) (Entered: 01/17/2018)
2018-01-17Set/Reset Deadlines: Joint Status Report due by 3/19/2018. (dot) (Entered: 01/22/2018)
2018-03-1946Joint STATUS REPORT by UNITED STATES DEPARTMENT OF STATE. (Todd, James) (Entered: 03/19/2018)
2018-03-22MINUTE ORDER: The parties' 46 Joint Status Report reiterates that the parties have narrowed the dispute regarding Plaintiff's FOIA request since Defendant completed rolling productions in August 2017. The parties have not indicated specifically what progress they have made since the last status report. Nevertheless, in the interest of efficiently resolving this case, the Court adopts the parties' proposal that they file a further Joint Status Report by APRIL 18, 2018 . This Joint Status Report shall identify progress since the Joint Status Report of March 19, 2018, indicate how the parties intend to proceed, and propose a briefing schedule if necessary. Signed by Judge Colleen Kollar-Kotelly on March 22, 2018. (lcckk1) (Entered: 03/22/2018)
2018-03-22Set/Reset Deadlines: Joint Status Report due by 4/18/2018. (dot) (Entered: 03/22/2018)
2018-04-1747Joint STATUS REPORT by UNITED STATES DEPARTMENT OF STATE. (Todd, James) (Entered: 04/17/2018)
2018-05-02MINUTE ORDER: The parties' 47 Joint Status Report indicates that Plaintiff has agreed not to challenge the adequacy of Defendant's search, and Defendant has agreed to release additional information regarding certain records. With respect to the withholdings that remain in dispute, the parties seek to resolve this dispute by summary judgment briefing. For good cause shown, the Court adopts the parties' proposed schedule in the accompanying Scheduling and Procedures Order. Signed by Judge Colleen Kollar-Kotelly on May 2, 2018. (lcckk1) (Entered: 05/02/2018)
2018-05-0248SCHEDULING AND PROCEDURES ORDER. Signed by Judge Colleen Kollar-Kotelly on May 2, 2018. (lcckk1) (Entered: 05/02/2018)
2018-05-02Set/Reset Deadlines: Plaintiff's Cross Motion due by 6/25/2018. Response to Cross Motion due by 7/23/2018. Reply to Cross Motion due by 8/13/2018. Defendant's Summary Judgment Motion due by 5/24/2018. Response to Motion for Summary Judgment due by 6/25/2018. Reply to Motion for Summary Judgment due by 7/23/2018. Vaughn Index due by 5/24/2018. (dot) (Entered: 05/02/2018)
2018-05-2249Unopposed MOTION for Extension of Time to Extend the Briefing Schedule Set by the Scheduling and Proceedures Order by UNITED STATES DEPARTMENT OF STATE (Attachments: # 1 Text of Proposed Order)(Todd, James) (Entered: 05/22/2018)
2018-05-23MINUTE ORDER: The Court has received Defendant's 49 Unopposed Motion for Extension of Time to Scheduling and Procedures Order. Defendant seeks an extension of the May 24, 2018, deadline for its Vaughn index and Motion for Summary Judgment. Among other reasons for its motion, Defendant has approached Plaintiff about settling the case and has represented that Plaintiff was considering its response as of May 22, 2018. Accordingly, with Plaintiff's consent and notwithstanding the tardiness of the motion pursuant to Paragraph 2(a) of the Court's 48 Scheduling and Procedures Order, the Court shall GRANT Defendant's 49 motion for good cause shown. The Court adopts Defendant's proposed schedule in the accompanying Amended Scheduling and Procedures Order. Signed by Judge Colleen Kollar-Kotelly on May 23, 2018. (lcckk1) (Entered: 05/23/2018)
2018-05-2350AMENDED SCHEDULING AND PROCEDURES ORDER. Signed by Judge Colleen Kollar-Kotelly on May 23, 2018. (lcckk1) (Entered: 05/23/2018)
2018-05-23Set/Reset Deadlines: Defendant shall provide Plaintiff with a Vaughn Index by no later than 6/7/2018; Defendant shall file its Motion for Summary Judgment by no later than 6/7/2018; Plaintiff shall file its Opposition to Defendants Motion for Summary Judgment and its Cross-Motion for Summary Judgment by no later than 7/9/2018; Defendant shall file a Reply in support of its Motion for Summary Judgment and its Opposition to Plaintiffs Cross-Motion for Summary Judgment by no later than 8/6/2018; Plaintiff shall file a Reply in support of its Cross-Motion for Summary Judgment by no later than 8/27/2018. (kt) (Entered: 05/23/2018)
2018-06-0751MOTION for Summary Judgment by UNITED STATES DEPARTMENT OF STATE (Attachments: # 1 Exhibit 1: May 2, 2011 FOIA Request of Judicial Watch, Inc., # 2 Exhibit 2: Declaration of Eric Stein, # 3 Statement of Facts, # 4 Text of Proposed Order)(Todd, James) (Entered: 06/07/2018)
2018-07-0952Cross MOTION for Summary Judgment Cross-Motion for Summary Judgment by JUDICIAL WATCH, INC. (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order)(Aldrich, Jason) (Entered: 07/09/2018)
2018-08-0653RESPONSE re 52 Cross MOTION for Summary Judgment Cross-Motion for Summary Judgment and Reply in Support of Defendant's Motion for Summary Judgment filed by UNITED STATES DEPARTMENT OF STATE. (Todd, James) (Entered: 08/06/2018)
2018-08-0654REPLY in support re 51 MOTION for Summary Judgment filed by UNITED STATES DEPARTMENT OF STATE. (See Docket Entry 54 to view document) (jf) (Entered: 08/16/2018)
2018-08-2755REPLY to opposition re 52 Cross MOTION for Summary Judgment filed by JUDICIAL WATCH, INC. (Aldrich, Jason) . (Entered: 08/27/2018)
2019-07-0556ORDER. The Court GRANTS that portion of Plaintiff's 52 Cross-Motion for Summary Judgment seeking in camera review and HOLDS IN ABEYANCE the remainder of that motion as well as Defendant's 51 Motion for Summary Judgment. The Court shall review the documents at issue in camera to assess the basis for Defendant's withholdings. By no later than JULY 10, 2019 , Defendant shall submit to the Court, ex parte , versions of these documents that identify Exemption 5 withholdings but are unredacted as to those withholdings. By JULY 11, 2019 , the parties shall also submit a Joint Notice identifying any pertinent new case law since the parties completed their briefing of this matter. See Order for further details. Signed by Judge Colleen Kollar-Kotelly on July 5, 2019. (lcckk1) (Entered: 07/05/2019)
2019-07-0957NOTICE of Delivery of Documents for In Camera Inspection by UNITED STATES DEPARTMENT OF STATE re 56 Order,,, (Todd, James) (Entered: 07/09/2019)
2019-07-1158NOTICE Joint Notice of Pertinent New Authority by JUDICIAL WATCH, INC. (Aldrich, Jason) (Entered: 07/11/2019)
2019-09-0559ORDER. The Court GRANTS-in-PART and HOLDS-in-ABEYANCE-in-PART Defendant's 51 Motion for Summary Judgment and DENIES-in-PART and HOLDS-in-ABEYANCE-in-PART Plaintiff's 52 Cross-Motion for Summary Judgment. The Court requires additional information with regard to one redaction. By SEPTEMBER 16, 2019 , Defendant shall submit further information ex parte about the one redaction that the Court has identified in the sealed, ex parte portion of the accompanying Memorandum Opinion. See Order for further details. Signed by Judge Colleen Kollar-Kotelly on September 5, 2019. (lcckk1) (Entered: 09/05/2019)
2019-09-0560SEALED (Ex Parte) MEMORANDUM OPINION: The Court GRANTS-in-PART and HOLDS-in-ABEYANCE-in-PART Defendant's 51 Motion for Summary Judgment and DENIES-in-PART and HOLDS-in-ABEYANCE-in-PART Plaintiff's 52 Cross-Motion for Summary Judgment. The Court concludes that, with one potential exception, the redactions are exempt from FOIA under Exemption 5 due to the presidential communications privilege. By SEPTEMBER 16, 2019, Defendant shall submit further information ex parte about the one redaction that the Court has iden-tified in the sealed, ex parte portion of this Memorandum Opinion. That filing shall also identify any incorrect factual premises on which the Court has relied as to other redactions. An appropriate Order accompanies this Memorandum Opinion. (This document is SEALED and only available to authorized persons.) Signed by Judge Colleen Kollar-Kotelly on 9/5/2019. (zkt) (Entered: 09/05/2019)
2019-09-05Set/Reset Deadlines: Defendant's Ex Parte submission due to Court by 9/16/2019. (kt) (Entered: 09/05/2019)
2019-09-0561(Redacted) MEMORANDUM OPINION. Signed by Judge Colleen Kollar-Kotelly on September 5, 2019. (lcckk1) Modified on 9/5/2019 to add "Redacted" word (kt). (Entered: 09/05/2019)
2019-09-1262Unopposed MOTION for Extension of Time to Respond to September 5, 2019, Order by UNITED STATES DEPARTMENT OF STATE (Attachments: # 1 Text of Proposed Order)(Todd, James) (Entered: 09/12/2019)
2019-09-13MINUTE ORDER: The Court has received Defendant's 62 Unopposed Motion for Extension of Time and to Respond to September 5, 2019 Order. Defendant seeks an extension of the September 16, 2019 deadline set in the Court's 59 September 5, 2019 Order to submit additional information regarding one of the redactions at issue in this case to October 2, 2019. Accordingly, with Plaintiff's consent, the Court shall GRANT Defendant's 62 Motion for good cause shown. Defendant shall submit the requested information by OCTOBER 2, 2019. Signed by Judge Colleen Kollar-Kotelly on September 13, 2019. (lcckk1) (Entered: 09/13/2019)
2019-09-13Set/Reset Deadlines: Defendant shall submit the requested information by OCTOBER 2, 2019. (dot) (Entered: 09/17/2019)
2019-09-2563NOTICE of Disclosure of Previously-Withheld Information by UNITED STATES DEPARTMENT OF STATE re Order on Motion for Extension of Time to,, 59 Order,, (Todd, James) (Entered: 09/25/2019)
2019-09-2764ORDER. The Court has received Defendant's 63 Notice of Disclosure of Previously-Withheld Information, which indicates that Defendant, as a matter of discretion, chose to release certain redacted material to Plaintiff pursuant to the Court's September 5, 2019 Order. Accordingly, the Court GRANTS Defendant's 51 Motion for Summary Judgment. Specifically, the Court finds the issue regarding the previously withheld material that has been released to Plaintiff moot. The Court also VACATES the October 2, 2019 deadline for Defendant to submit the requested information to the Court. The Court further DENIES Plaintiff's 52 Cross-Motion for Summary Judgment. See Order for details. Signed by Judge Colleen Kollar-Kotelly on September 27, 2019. (lcckk1) (Entered: 09/27/2019)
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