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Case TitleLANDMARK LEGAL FOUNDATION v. DEPARTMENT OF LABOR
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2013cv01468
Date Filed2013-09-26
Date Closed2017-08-16
JudgeJudge Reggie B. Walton
PlaintiffLANDMARK LEGAL FOUNDATION
Case DescriptionLandmark Legal Foundation submitted a FOIA request to the Department of Labor for records concerning the use of private communication services for the conduct of official business. Landmark submitted a second FOIA request to the agency for records concerning the use of alias email addresses for political appointees at the agency. Both requests asked for preferential fee treatment and expedited processing. The agency acknowledged receipt of both requests, but after hearing nothing further from the agency, Landmark filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Attorney's fees

DefendantUNITED STATES DEPARTMENT OF LABOR
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
Complaint attachment 7
Complaint attachment 8
Complaint attachment 9
Complaint attachment 10
Opinion/Order [36]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2013-09-261COMPLAINT against DEPARTMENT OF LABOR ( Filing fee $ 400 receipt number 0090-3480839) filed by LANDMARK LEGAL FOUNDATION. (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 Civil Cover Sheet, # 10 Summons)(O'Neill, Michael) (Entered: 09/26/2013)
2013-09-262LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by LANDMARK LEGAL FOUNDATION (O'Neill, Michael) (Entered: 09/26/2013)
2013-09-26Case Assigned to Judge Reggie B. Walton. (sth, ) (Entered: 09/26/2013)
2013-09-263ELECTRONIC SUMMONS (3) Issued as to DEPARTMENT OF LABOR, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Summons)(sth, ) (Entered: 09/26/2013)
2013-10-074RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. DEPARTMENT OF LABOR served on 10/1/2013, RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 10/01/2013., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 10/1/2013. ( Answer due for ALL FEDERAL DEFENDANTS by 10/31/2013.) (Attachments: # 1 Exhibit)(O'Neill, Michael) (Entered: 10/07/2013)
2013-10-245NOTICE of Appearance by Jeremy S. Simon on behalf of DEPARTMENT OF LABOR (Simon, Jeremy) (Entered: 10/24/2013)
2013-10-256Consent MOTION for Extension of Time to Answer or Otherwise Respond to Complaint by DEPARTMENT OF LABOR (Attachments: # 1 Proposed Order)(Simon, Jeremy) (Entered: 10/25/2013)
2013-10-28MINUTE ORDER granting 6 Motion for Extension of Time to Answer or Otherwise Respond to Complaint. For good cause shown, it is hereby ORDERED that the defendant's consent motion for extension of time to answer the plaintiff's complaint is hereby GRANTED. It is further ORDERED that the defendant shall submit an answer or otherwise respond to the Complaint on or before December 4, 2013. Signed by Judge Reggie B. Walton on 10/28/2013. (lcrbw4) (Entered: 10/28/2013)
2013-10-28Set/Reset Deadlines: Answer to the Complaint due by 12/4/2013. (tg, ) (Entered: 10/29/2013)
2013-10-29Set/Reset Deadlines: Answer or respond to complaint by 12/4/2013, (mpt, ) (Entered: 10/29/2013)
2013-12-047ANSWER to Complaint by DEPARTMENT OF LABOR.(Simon, Jeremy) (Entered: 12/04/2013)
2014-04-158ORDER for Joint Proposed Briefing Schedule. In accordance with the attached Order, it is hereby ORDERED that the parties shall file a joint proposed briefing schedule for the filing of dispositive motions on or before May 1, 2014. Signed by Judge Reggie B. Walton on 4/15/2014. (lcrbw3) (Entered: 04/15/2014)
2014-04-16Set/Reset Deadlines: Briefing Schedule due by 5/1/2014. (mpt) (Entered: 04/16/2014)
2014-04-169ORDER for Initial Scheduling Conference set for 5/29/2014 11:00 AM in Courtroom 16 before Judge Reggie B. Walton. (mpt, ) (Entered: 04/16/2014)
2014-04-1610GENERAL ORDER AND GUIDELINES FOR CIVIL CASES. (mpt) (Entered: 04/16/2014)
2014-04-3011STATUS REPORT (Joint Status Report) by DEPARTMENT OF LABOR. (Simon, Jeremy) (Entered: 04/30/2014)
2014-05-01MINUTE ORDER. In light of the representations made to the Court in the parties' Joing Statue Report it is hereby ORDERED that the parties shall submit another status report on or before July 30, 2014. It is further ORDERED that the initial scheduling conference scheduled for May 29, 2014, at 11:00 a.m. is VACATED. Signed by Judge Reggie B. Walton on 5/1/2014. (lcrbw3) (Entered: 05/01/2014)
2014-05-01Set/Reset Deadlines: Joint Status Report due by 7/30/2014 (mpt) (Entered: 05/01/2014)
2014-07-3012STATUS REPORT (Joint Status Report) by DEPARTMENT OF LABOR. (Simon, Jeremy) (Entered: 07/30/2014)
2014-07-31MINUTE ORDER. In accordance with the representations made to the Court in the July 30, 2014 Joint Status Report, it is hereby ORDERED that the parties file a Joint Status Report on ore before October 28, 2014, advising the Court of the parties' status. In the event that the parties are still not prepared to propose a briefing schedule in their October 28, 2014 joint status report, it is further ORDERED that the parties shall file joint status reports every 45 days advising the Court of the status. Signed by Judge Reggie B. Walton on 7/31/2014. (lcrbw3, ) (Entered: 07/31/2014)
2014-08-01Set/Reset Deadline: The parties shall file a Joint Status Report on or before 10/28/2014. (ad) (Entered: 08/01/2014)
2014-10-2813STATUS REPORT (Joint Status Report) by DEPARTMENT OF LABOR. (Simon, Jeremy) (Entered: 10/28/2014)
2014-11-03MINUTE ORDER. In accordance with the representations made to the Court in the oCTOBER 28, 2014 Joint Status Report, it is hereby ORDERED that the parties file a Joint Status Report on or before December 12, 2014, advising the Court of the parties' status. In the event that the parties are still not prepared to propose a briefing schedule in their December 12, 2014 joint status report, it is further ORDERED that the parties shall file joint status reports every 45 days advising the Court of the status. Signed by Judge Reggie B. Walton on 11/3/2014. (lcrbw3, ) (Entered: 11/03/2014)
2014-11-04Set/Reset Deadlines: Joint Status Report due by 12/12/2014 (mpt, ) (Entered: 11/04/2014)
2014-12-1114STATUS REPORT (Joint Status Report) by DEPARTMENT OF LABOR. (Simon, Jeremy) (Entered: 12/11/2014)
2015-01-2615STATUS REPORT (Joint Status Report) by DEPARTMENT OF LABOR. (Simon, Jeremy) (Entered: 01/26/2015)
2015-03-1216STATUS REPORT (Joint Status Report) by DEPARTMENT OF LABOR. (Simon, Jeremy) (Entered: 03/12/2015)
2015-03-2617STATUS REPORT by LANDMARK LEGAL FOUNDATION. (Attachments: # 1 Text of Proposed Order)(O'Neill, Michael) (Entered: 03/26/2015)
2015-03-30MINUTE ORDER. In accordance with the Joint Status Report and Proposed Briefing Schedule, it is ORDERED that this case shall proceed as follows: (1) the defendant shall file any motion for summary judgment on or before May 15, 2015; (2) the plaintiff shall file an opposition to the defendant's motion and a cross-motion for summary judgment on or before June 4, 2015; (3) the defendant shall file a reply in support of its motion and an opposition to the plaintiffs cross-motion on or before June 25, 2015; and (4) the plaintiff shall a reply in support of its cross-motion on or before July 16, 2015. Signed by Judge Reggie B. Walton on 3/30/2015. (lcrbw3) (Entered: 03/30/2015)
2015-05-1418MOTION for Summary Judgment , Local Rule 7(h) Statement and Supporting Memorandum by DEPARTMENT OF LABOR (Attachments: # 1 Declaration of Charlotte Hayes, # 2 Proposed Order)(Simon, Jeremy) (Entered: 05/14/2015)
2015-05-1419NOTICE of Errata by DEPARTMENT OF LABOR re 18 MOTION for Summary Judgment , Local Rule 7(h) Statement and Supporting Memorandum (Attachments: # 1 Motion for Summary Judgment, Local Rule 7(h) Statement and Corrected Supporting Memorandum)(Simon, Jeremy) (Entered: 05/14/2015)
2015-06-0420Memorandum in opposition to re 18 MOTION for Summary Judgment , Local Rule 7(h) Statement and Supporting Memorandum filed by LANDMARK LEGAL FOUNDATION. (Attachments: # 1 Declaration Declaration of Michael J. O'Neill, # 2 Exhibit Exhibit 1, # 3 Exhibit Exhibit 2, # 4 Exhibit Exhibit 3, # 5 Exhibit Exhibit 4, # 6 Exhibit Exhibit 5, # 7 Exhibit Exhibit 6, # 8 Exhibit Exhibit 7, # 9 Exhibit Exhibit 8, # 10 Exhibit Exhibit 9, # 11 Exhibit Exhibit 10, # 12 Exhibit Exhibit 11, # 13 Exhibit Exhibit 12, # 14 Exhibit Exhibit 13, # 15 Exhibit Exhibit 14, # 16 Exhibit Exhibit 15, # 17 Exhibit Exhibit 16, # 18 Exhibit Exhibit 17, # 19 Exhibit Exhibit 18, # 20 Exhibit Exhibit 19, # 21 Exhibit Exhibit 20, # 22 Exhibit Exhibit 21, # 23 Exhibit Exhibit 22, # 24 Text of Proposed Order)(O'Neill, Michael) (Entered: 06/04/2015)
2015-06-0421Cross MOTION for Partial Summary Judgment by LANDMARK LEGAL FOUNDATION (Attachments: # 1 Memorandum in Support, # 2 Declaration Declaration of Michael J. O'Neill, # 3 Exhibit Exhibit 1, # 4 Exhibit Exhibit 2, # 5 Exhibit Exhibit 3, # 6 Exhibit Exhibit 4, # 7 Exhibit Exhibit 5, # 8 Exhibit Exhibit 6, # 9 Exhibit Exhibit 7, # 10 Exhibit Exhibit 8, # 11 Exhibit Exhibit 9, # 12 Exhibit Exhibit 10, # 13 Exhibit Exhibit 11, # 14 Exhibit Exhibit 12, # 15 Exhibit Exhibit 13, # 16 Exhibit Exhibit 14, # 17 Exhibit Exhibit 15, # 18 Exhibit Exhibit 16, # 19 Exhibit Exhibit 17, # 20 Exhibit Exhibit 18, # 21 Exhibit Exhibit 19, # 22 Exhibit Exhibit 20, # 23 Exhibit Exhibit 21, # 24 Exhibit Exhibit 22, # 25 Text of Proposed Order)(O'Neill, Michael) Modified on 6/5/2015 (jf). (Entered: 06/04/2015)
2015-06-2522REPLY to opposition to motion re 18 MOTION for Summary Judgment , Local Rule 7(h) Statement and Supporting Memorandum filed by DEPARTMENT OF LABOR. (Attachments: # 1 Supplemental Declaration of Charlotte Hayes)(Simon, Jeremy) (Entered: 06/25/2015)
2015-06-2523Memorandum in opposition to re 21 Cross MOTION for Partial Summary Judgment filed by DEPARTMENT OF LABOR. (Attachments: # 1 Response to Plaintiff's Statement of Material Facts Not in Dispute, # 2 Supplemental Declaration of Charlotte Hayes, # 3 Proposed Order)(Simon, Jeremy) (Entered: 06/25/2015)
2015-07-1624REPLY to opposition to motion re 21 Cross MOTION for Partial Summary Judgment filed by LANDMARK LEGAL FOUNDATION. (O'Neill, Michael) (Entered: 07/16/2015)
2016-01-0825ORDER denying 18 Motion for Summary Judgment; denying 21 Motion for Partial Summary Judgment. In accordance with the attached Order, it is hereby ORDERED that the Plaintiff's Cross-Motion for Partial Summary Judgment is DENIED WITHOUT PREJUDICE. It is further ORDERED that the Defendant's Motion for Summary Judgment is DENIED WITHOUT PREJUDICE. It is further ORDERED that the parties shall monitor the status of Competitive Enter. Inst. v. Office of Sci. & Tech. Policy and propose a new briefing schedule for refiling of their summary judgment motions after the Circuit issues an opinion or order in that case. Signed by Judge Reggie B. Walton on January 8, 2016. (lcrbw2) (Entered: 01/08/2016)
2016-07-2026Joint STATUS REPORT by UNITED STATES DEPARTMENT OF LABOR. (Simon, Jeremy) (Entered: 07/20/2016)
2016-07-20MINUTE ORDER. Upon consideration of the parties' Joint Status Report, it is hereby ORDERED that the parties shall file an additional status report, which, if necessary, will include a new briefing schedule for the refiling of the parties' respective summary judgment motions, by September 2, 2016. Signed by Judge Reggie B. Walton on July 20, 2016. (lcrbw2) (Entered: 07/20/2016)
2016-07-20Set/Reset Deadlines: Joint Status Report due by 9/2/2016 (hs) (Entered: 07/20/2016)
2016-09-0227Joint STATUS REPORT by UNITED STATES DEPARTMENT OF LABOR. (Simon, Jeremy) (Entered: 09/02/2016)
2016-09-05MINUTE ORDER. Upon consideration of the parties' Joint Status Report, it is hereby ORDERED that this case shall proceed as follows: (1) the defendant shall file its renewed motion for summary judgment, if any, on or before October 19, 2016; (2) the plaintiff shall its opposition to the defendant's motion for summary judgment and its cross-motion for summary judgment, if any, on or before November 18, 2016; (3) the defendant shall its reply in support of its motion for summary judgment and its opposition to the plaintiff's cross-motion for summary judgment, if any, on or before December 9, 2016; and (4) the plaintiff shall file its reply in support of its cross-motion for summary judgment on or before December 29, 2016. Signed by Judge Reggie B. Walton on September 5, 2016. (lcrbw2) (Entered: 09/05/2016)
2016-09-06Set/Reset Deadlines: Defendant's Summary Judgment motions due by 10/19/2016. Plaintiff's Response to Motion for Summary Judgment/Cross Motion due by 11/18/2016. Reply to Motion for Summary Judgment due by 12/9/2016. Reply to Cross Motions due by 12/29/2016. (hs) (Entered: 09/06/2016)
2016-10-1728Consent MOTION for Extension of Time to File Renewed Motion for Summary Judgment and For Corresponding Adjustment of Briefing Schedule by UNITED STATES DEPARTMENT OF LABOR (Attachments: # 1 Proposed Order)(Simon, Jeremy) (Entered: 10/17/2016)
2016-10-18MINUTE ORDER. Upon consideration of the defendant's Consent Motion for Extension of Time to File Defendant's Renewed Motion for Summary Judgment and for Corresponding Adjustment of Briefing Schedule, and for good cause shown, it is hereby ORDERED that the motion is GRANTED. It is further ORDERED that this case shall proceed as follows: (1) the defendant shall file its renewed motion for summary judgment, if any, on or before November 16, 2016; (2) the plaintiff shall file its opposition to the defendant's renewed motion for summary judgment and its cross-motion for summary judgment, if any, on or before December 16, 2016; (3) the defendant shall file its reply in support of its renewed motion for summary judgment and its opposition to the plaintiff's cross-motion for summary judgment, if any, on or before January 10, 2017; and (4) the plaintiff shall file its reply in support of its cross-motion for summary judgment on or before January 31, 2017. Signed by Judge Reggie B. Walton on October 18, 2016. (lcrbw2) (Entered: 10/18/2016)
2016-10-19Set/Reset Deadlines: Renewed Summary Judgment motion due by 11/16/2016. Response to Motion for Summary Judgment/Cross Motion due by 12/16/2016. Reply to Motion for Summary Judgment due by 1/10/2017. Reply to Cross Motions due by 1/31/2017. (hs) (Entered: 10/19/2016)
2016-11-1629MOTION for Summary Judgment , Local Rule 7(h) Statement and Supporting Memorandum by UNITED STATES DEPARTMENT OF LABOR (Attachments: # 1 Proposed Order, # 2 Declaration of Charlotte Hayes, # 3 Supplemental Declaration of Charlotte Hayes)(Simon, Jeremy) (Entered: 11/16/2016)
2016-12-1630Memorandum in opposition to re 29 MOTION for Summary Judgment , Local Rule 7(h) Statement and Supporting Memorandum filed by LANDMARK LEGAL FOUNDATION. (Attachments: # 1 Declaration Michael J. O'Neill, # 2 Exhibit Exhibit 1, # 3 Exhibit Exhibit 2, # 4 Exhibit Exhibit 3, # 5 Exhibit Exhibit 4, # 6 Exhibit Exhibit 5, # 7 Exhibit Exhibit 6, # 8 Exhibit Exhibit 7, # 9 Exhibit Exhibit 8, # 10 Exhibit Exhibit 9, # 11 Exhibit Exhibit 10, # 12 Exhibit Exhibit 11, # 13 Exhibit Exhibit 12, # 14 Exhibit Exhibit 13, # 15 Exhibit Exhibit 14, # 16 Exhibit Exhibit 15, # 17 Exhibit Exhibit 16, # 18 Exhibit Exhibit 17, # 19 Exhibit Exhibit 18, # 20 Exhibit Exhibit 19, # 21 Exhibit Exhibit 20, # 22 Exhibit Exhibit 21, # 23 Exhibit Exhibit 22, # 24 Exhibit Exhibit 23, # 25 Text of Proposed Order)(O'Neill, Michael) (Entered: 12/16/2016)
2016-12-1631MOTION for Partial Summary Judgment by LANDMARK LEGAL FOUNDATION (Attachments: # 1 Statement of Facts Statement of Facts & Memo In Support, # 2 Declaration Declaration of Michael J. O'Neill, # 3 Exhibit Exhibit 1, # 4 Exhibit Exhibit 2, # 5 Exhibit Exhibit 3, # 6 Exhibit Exhibit 4, # 7 Exhibit Exhibit 5, # 8 Exhibit Exhibit 6, # 9 Exhibit Exhibit 7, # 10 Exhibit Exhibit 8, # 11 Exhibit Exhibit 9, # 12 Exhibit Exhibit 10, # 13 Exhibit Exhibit 11, # 14 Exhibit Exhibit 12, # 15 Exhibit Exhibit 13, # 16 Exhibit Exhibit 14, # 17 Exhibit Exhibit 15, # 18 Exhibit Exhibit 16, # 19 Exhibit Exhibit 17, # 20 Exhibit Exhibit 18, # 21 Exhibit Exhibit 19, # 22 Exhibit Exhibit 20, # 23 Exhibit Exhibit 21, # 24 Exhibit Exhibit 22, # 25 Exhibit Exhibit 23, # 26 Text of Proposed Order)(O'Neill, Michael) (Entered: 12/16/2016)
2017-01-1032Memorandum in opposition to re 31 MOTION for Partial Summary Judgment (combined with reply in support of Defendant's Renewed Motion for Summary Judgment) filed by UNITED STATES DEPARTMENT OF LABOR. (Attachments: # 1 Response to Plaintiff's Statement of Material Facts Not in Dispute, # 2 Proposed Order, # 3 Exhibit 1 (Oct. 6, 2016 email), # 4 Exhibit 2 (Nov. 10, 2016 email))(Simon, Jeremy) (Entered: 01/10/2017)
2017-01-1033REPLY to opposition to motion re 29 MOTION for Summary Judgment , Local Rule 7(h) Statement and Supporting Memorandum (duplicate of filing at docket entry number 32) filed by UNITED STATES DEPARTMENT OF LABOR. (Attachments: # 1 Response to Plaintiff's Statement of Material Facts Not in Dispute, # 2 Proposed Order, # 3 Exhibit 1 (Oct. 6, 2016 email), # 4 Exhibit 2 (Nov. 10, 2016 email))(Simon, Jeremy) (Entered: 01/10/2017)
2017-01-3134REPLY to opposition to motion re 31 MOTION for Partial Summary Judgment filed by LANDMARK LEGAL FOUNDATION. (Attachments: # 1 Exhibit Exhibit 1)(O'Neill, Michael) (Entered: 01/31/2017)
2017-08-1635ORDER. In accordance with the Memorandum Opinion issued on this same date, it is hereby ORDERED that the Defendant's Motion for Summary Judgment is GRANTED. It is further ORDERED that the Plaintiff's Cross-Motion for Partial Summary Judgment is DENIED. It is further ORDERED that this case is CLOSED. Signed by Judge Reggie B. Walton on August 16, 2017. (lcrbw2) (Entered: 08/16/2017)
2017-08-1636MEMORANDUM OPINION. Signed by Judge Reggie B. Walton on August 16, 2017. (lcrbw2) (Entered: 08/16/2017)
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