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Case TitleLEOPOLD v. DEPARTMENT OF STATE
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2014cv01770
Date Filed2014-10-23
Date ClosedOpen
JudgeJudge John D. Bates
PlaintiffJASON LEOPOLD
Case DescriptionReporter Jason Leopold submitted a FOIA request to the Department of State for records concerning the Bureau of International Narcotics and Law Enforcement Affairs Office of Aviation, known as the DOS Air Wings, from January 1980 to the present. Leopold also requested expedited processing and a fee waiver. The agency denied his request for expedited processing, but granted his request for a fee waiver. After hearing nothing further from the agency, Leopold filed suit.
Complaint issues: Failure to respond within statutory time limit

DefendantU.S. DEPARTMENT OF STATE
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2014-10-231COMPLAINT against DEPARTMENT OF STATE ( Filing fee $ 400 receipt number 0090-3880509) filed by JASON LEOPOLD. (Attachments: # 1 Civil Cover Sheet, # 2 Summons State, # 3 Summons USAO, # 4 Summons USAG)(Light, Jeffrey) (Entered: 10/23/2014)
2014-10-23Case Assigned to Judge John D. Bates. (rd) (Entered: 10/23/2014)
2014-10-232SUMMONS (3) Issued Electronically as to DEPARTMENT OF STATE, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Consent Form, # 2 Notice of Consent)(rd) (Entered: 10/23/2014)
2014-11-033RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 10/29/2014. Answer due for ALL FEDERAL DEFENDANTS by 11/28/2014. (Light, Jeffrey) (Entered: 11/03/2014)
2014-11-034RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 10/29/2014. (Light, Jeffrey) (Entered: 11/03/2014)
2014-11-125RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. DEPARTMENT OF STATE served on 11/3/2014 (Light, Jeffrey) (Entered: 11/12/2014)
2014-11-266MOTION for Extension of Time to File Answer re 1 Complaint by DEPARTMENT OF STATE (Attachments: # 1 Text of Proposed Order)(Ross, Carl) (Entered: 11/26/2014)
2014-11-26MINUTE ORDER: Upon consideration of 6 the government's motion for extension of time to file its answer, plaintiff's partial consent to the government's motion, and the entire record herein, it is hereby ORDERED that the motion is GRANTED; and it is further ORDERED that defendant's answer and/or other response shall be filed by not later than December 29, 2014. SO ORDERED. Signed by Judge John D. Bates on 11/26/14. (lcjdb2) (Entered: 11/26/2014)
2014-11-26Set/Reset Deadlines: Answer due by 12/29/2014. (tb, ) (Entered: 11/26/2014)
2014-12-117NOTICE of Appearance by Ryan Steven James on behalf of JASON LEOPOLD (James, Ryan) (Entered: 12/11/2014)
2014-12-298Consent MOTION for Extension of Time to File Answer re 1 Complaint by DEPARTMENT OF STATE (Attachments: # 1 Text of Proposed Order)(Ross, Carl) (Entered: 12/29/2014)
2014-12-30MINUTE ORDER: Upon consideration of 8 the government's consent motion for an extension of time to respond to plaintiff's complaint, and the entire record herein, it is hereby ORDERED that the motion is GRANTED; and it is further ORDERED that the government shall file its response by not later than January 8, 2015. SO ORDERED. Signed by Judge John D. Bates on 12/30/14. (lcjdb2) (Entered: 12/30/2014)
2014-12-30Set/Reset Deadlines: The Government's Response to Plaintiff's Complaint is now due by 1/8/2015. (jth) (Entered: 12/30/2014)
2015-01-129Unopposed MOTION for Extension of Time to File Answer re 1 Complaint by DEPARTMENT OF STATE (Attachments: # 1 Text of Proposed Order)(Ross, Carl) (Entered: 01/12/2015)
2015-01-1210ANSWER to Complaint by DEPARTMENT OF STATE.(Ross, Carl) (Entered: 01/12/2015)
2015-01-12MINUTE ORDER: Upon consideration of 9 the government's unopposed motion for an extension of time to file its answer, and the entire record herein, it is hereby ORDERED that the motion is GRANTED nunc pro tunc; and it is further ORDERED that the government shall file its answer and/or other response by not later than January 12, 2015. SO ORDERED. Signed by Judge John D. Bates on 1/12/15. (lcjdb2) (Entered: 01/12/2015)
2015-01-1211ORDER directing parties to file a proposed briefing schedule for the filing of dispositive motions by not later than February 12, 2015. See text of Order for details. Signed by Judge John D. Bates on 1/12/15. (lcjdb2) (Entered: 01/12/2015)
2015-01-13Set/Reset Deadlines: Proposed Briefing Schedule due by 2/12/2015. (tb, ) (Entered: 01/13/2015)
2015-02-0912MOTION for Extension of Time to File Proposed Production Schedule by DEPARTMENT OF STATE (Attachments: # 1 Text of Proposed Order)(Ross, Carl) (Entered: 02/09/2015)
2015-02-1013Memorandum in opposition to re 12 MOTION for Extension of Time to File Proposed Production Schedule filed by JASON LEOPOLD. (Attachments: # 1 Text of Proposed Order Proposed Order)(James, Ryan) (Entered: 02/10/2015)
2015-03-1614MEET AND CONFER STATEMENT. (Attachments: # 1 Text of Proposed Order Proposed Order)(James, Ryan) (Entered: 03/16/2015)
2015-03-17MINUTE ORDER: Upon consideration of 14 plaintiff's meet and confer statement and proposed production schedule, and the entire record herein, it is hereby ORDERED that the government shall file its response to plaintiff's proposed production schedule by not later than March 27, 2015. Signed by Judge John D. Bates on 3/17/15. (lcjdb2) (Entered: 03/17/2015)
2015-03-20Set/Reset Deadlines: Response due by 3/27/2015. (tb, ) (Entered: 03/20/2015)
2015-03-2715RESPONSE re 14 Meet and Confer Statement filed by DEPARTMENT OF STATE. (Attachments: # 1 Exhibit 1)(Ross, Carl) (Entered: 03/27/2015)
2015-04-0116ORDER denying as moot 12 the government's motion for extension of time, setting production schedule, and requiring submission of a joint status report and proposed production schedule by not later than July 1, 2015. See text of Order for details. Signed by Judge John D. Bates on 4/1/15. (lcjdb2) (Entered: 04/01/2015)
2015-04-04Set/Reset Deadlines: Joint Status Report and Proposed Production Schedule are due by 7/1/2015. (jth) (Entered: 04/04/2015)
2015-07-0117STATUS REPORT Joint Status Report by JASON LEOPOLD. (James, Ryan) (Entered: 07/01/2015)
2015-07-01MINUTE ORDER: Upon consideration of 17 the parties' joint status report, and the entire record herein, it is hereby ORDERED that the parties shall file a joint proposed production schedule for request number F-2014-14489 by not later than August 1, 2015; and it is further ORDERED that the production schedule shall address the requirements described in 16 the Court's April 1, 2015 Order. SO ORDERED. Signed by Judge John D. Bates on 7/1/15. (lcjdb2) (Entered: 07/01/2015)
2015-07-08Set/Reset Deadlines: Proposed Production Schedule due by 8/1/2015. (tb) (Entered: 07/08/2015)
2015-07-2818Consent MOTION for Extension of Time to File Proposed Production Schedule by DEPARTMENT OF STATE (Attachments: # 1 Text of Proposed Order)(Ross, Carl) (Entered: 07/28/2015)
2015-07-29MINUTE ORDER: Upon consideration of 18 the defendant's consent motion for an extension of time, and the entire record herein, it is hereby ORDERED that the motion is GRANTED; and it is further ORDERED that the parties shall file a joint proposed production schedule by not later than August 7, 2015. Signed by Judge John D. Bates on 7/29/15. (lcjdb2) (Entered: 07/29/2015)
2015-07-30Set/Reset Deadlines: Proposed Production Schedule due by 8/7/2015. (tb) (Entered: 07/30/2015)
2015-08-0719STATUS REPORT Parties' Proposed Production Schedule by U.S. DEPARTMENT OF STATE. (Ross, Carl) (Entered: 08/07/2015)
2015-08-1020VACATED PURSUANT TO ORDER 33 .....ORDER establishing search and production schedule. See text of order for details. Signed by Judge John D. Bates on 8/10/2015. (lcjdb2) Modified on 7/25/2016 (tb). (Entered: 08/10/2015)
2015-08-11Set/Reset Deadlines: The parties shall submit a Status Report with respect to production and further proceedings by 2/10/2016. (jth) (Entered: 08/11/2015)
2015-11-1021MOTION for Order to Show Cause Why Defendant Should Not Be Held in Contempt by JASON LEOPOLD (Attachments: # 1 Memorandum in Support Memorandum of Points and Authorities in Support of Plaintiff's Motion to Show Cause, # 2 Exhibit November 8 email to Defendant's counsel)(James, Ryan) (Entered: 11/10/2015)
2015-11-1822MOTION for Order for Electronic Monthly Productions and Delivery of Producutions On or Before Each Due Date by JASON LEOPOLD (Attachments: # 1 Memorandum in Support Memorandum of Points and Authorities in Support of Plaintiff's Motion, # 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 Text of Proposed Order Proposed Order)(James, Ryan) (Entered: 11/18/2015)
2015-11-19MINUTE ORDER: Upon consideration of plaintiff's 21 motion for an order to show cause and 22 motion for an order requiring electronic production and delivery, and the entire record herein, it is hereby ORDERED that defendant shall file a single, combined response to plaintiff's motions by not later than November 24, 2015. Signed by Judge John D. Bates on 11/19/2015. (lcjdb2) (Entered: 11/19/2015)
2015-11-22Set/Reset Deadlines: Combined response due by 11/24/2015. (tb) (Entered: 11/22/2015)
2015-11-2423Memorandum in opposition to re 21 MOTION for Order to Show Cause Why Defendant Should Not Be Held in Contempt , 22 MOTION for Order for Electronic Monthly Productions and Delivery of Producutions On or Before Each Due Date filed by U.S. DEPARTMENT OF STATE. (Attachments: # 1 Exhibit 1, # 2 Attachments to Exhibit 1)(Ross, Carl) (Entered: 11/24/2015)
2015-11-25MINUTE ORDER: Upon consideration of plaintiff's 21 motion for an order to show cause and 22 motion for an order requiring electronic production; 23 defendant's combined opposition, including its assurance that "the Agency has now put policies into place to accommodate Plaintiff's request" for electronic production; and the entire record herein, it is hereby ORDERED that plaintiff's motions are DENIED. Signed by Judge John D. Bates on 11/25/2015. (lcjdb2, ) (Entered: 11/25/2015)
2016-02-0924MOTION for Extension of Time to File by U.S. DEPARTMENT OF STATE (Attachments: # 1 Text of Proposed Order)(Peterson, Benton) (Entered: 02/09/2016)
2016-02-10MINUTE ORDER: Upon consideration of 24 defendant's motion for extension of time, and the entire record herein, it is hereby ORDERED that the motion is GRANTED; and it is further ORDERED that the parties shall file a status report with respect to production and further proceedings by not later than March 10, 2016. This order does not relieve defendant from its existing production obligations; it merely postpones the deadline for submitting the status report required by 20 the Court's order of August 10, 2015. SO ORDERED. Signed by Judge John D. Bates on 2/10/2016. (lcjdb2) (Entered: 02/10/2016)
2016-02-10Set/Reset Deadlines: Status Report due by 3/10/2016. (tb) (Entered: 02/10/2016)
2016-03-1025Joint STATUS REPORT by U.S. DEPARTMENT OF STATE. (Ross, Carl) (Entered: 03/10/2016)
2016-03-14MINUTE ORDER: Upon consideration of 25 the parties' joint status report, and the entire record herein, it is hereby ORDERED that the parties shall propose a production end date and briefing schedule by not later than June 8, 2016. Signed by Judge John D. Bates on 3/14/2016. (lcjdb2) (Entered: 03/14/2016)
2016-03-14Set/Reset Deadlines: Proposed production end date and briefing schedule due by 6/8/2016. (tb) (Entered: 03/14/2016)
2016-06-0826MOTION for Extension of Time to File Status Report by U.S. DEPARTMENT OF STATE (Attachments: # 1 Text of Proposed Order)(Ross, Carl) (Entered: 06/08/2016)
2016-06-0827STATUS REPORT by JASON LEOPOLD. (Attachments: # 1 Exhibit Ex 1 Mar 10 to June 8 emails, # 2 Exhibit Ex 2 Mar 8-9 emails, # 3 Text of Proposed Order)(James, Ryan) (Entered: 06/09/2016)
2016-06-09MINUTE ORDER: It is hereby ORDERED that a status conference in this matter will be held on June 16, 2016, at 10 a.m. (Eastern) in Courtroom 30A. Plaintiff's counsel Ryan James may appear by telephone. It is further ORDERED that defendant shall file its status report by not later than 5:00 p.m. on June 15, 2016. SO ORDERED. Signed by Judge John D. Bates on 6/9/2016. (lcjdb2) (Entered: 06/09/2016)
2016-06-13Set/Reset Deadlines/Hearings: Defendant's status report due by 5:00 p.m. on 6/15/2016. Status Conference set for 6/16/2016 at 10:00 AM in Courtroom 30A before Judge John D. Bates. (tb) (Entered: 06/13/2016)
2016-06-1528STATUS REPORT Defendant's Status Report by U.S. DEPARTMENT OF STATE. (Attachments: # 1 Exhibit 1 - 4)(Ross, Carl) (Entered: 06/15/2016)
2016-06-16MINUTE ORDER: As discussed at today's status conference, it is hereby ORDERED that the parties shall confer and discuss ways to modify, expedite, and/or prioritize the search for and processing of records in this case, starting with a conference call at 4:00 p.m. (Eastern) today; and it is further ORDERED that the parties shall file a joint status report by not later than June 30, 2016. SO ORDERED. Signed by Judge John D. Bates on 6/16/2016. (lcjdb2) (Entered: 06/16/2016)
2016-06-16Minute Entry: Status Conference held on 6/16/2016 before Judge John D. Bates: Parties to meet and confer and file joint briefing schedule in weeks from today's hearing. (Court Reporter Bryan Wayne) (tb) (Entered: 06/17/2016)
2016-06-17Set/Reset Deadlines: Joint Status Report due by 6/30/2016. (tb) (Entered: 06/17/2016)
2016-06-3029Joint STATUS REPORT IN RESPONSE TO MINUTE ORDER OF JULY 16, 2016 by JASON LEOPOLD. (Attachments: # 1 Text of Proposed Order)(James, Ryan) (Entered: 06/30/2016)
2016-06-30MINUTE ORDER: Upon consideration of 29 the parties' joint status report, and the entire record herein, it is hereby ORDERED that the parties shall continue to confer and discuss ways to modify, expedite, and/or prioritize the search for and processing of records in this case, and shall file a joint status report by not later than July 19, 2016. SO ORDERED. Signed by Judge John D. Bates on 6/30/2016. (lcjdb2) (Entered: 06/30/2016)
2016-07-01Set/Reset Deadlines: Joint Status Report due by 7/19/2016. (tb) (Entered: 07/01/2016)
2016-07-1930NOTICE OF WITHDRAWAL OF APPEARANCE as to U.S. DEPARTMENT OF STATE. Attorney Benton Gregory Peterson terminated. (Peterson, Benton) (Entered: 07/19/2016)
2016-07-1931Joint MOTION for Extension of Time to File Status Report by U.S. DEPARTMENT OF STATE (Attachments: # 1 Text of Proposed Order)(Ross, Carl) (Entered: 07/19/2016)
2016-07-19MINUTE ORDER: Upon consideration of 31 the parties' joint motion for an extension of time, and the entire record herein, it is hereby ORDERED that the motion is GRANTED; and it is further ORDERED that the parties shall file their joint status report by not later than July 22, 2016. SO ORDERED. Signed by Judge John D. Bates on 7/19/2016. (lcjdb2) (Entered: 07/19/2016)
2016-07-19Set/Reset Deadlines: Joint Status Report due by 7/22/2016. (tb) (Entered: 07/19/2016)
2016-07-22Set/Reset Deadlines: Joint Status Report due by 7/22/2016. (tb) (Entered: 07/22/2016)
2016-07-2232Joint STATUS REPORT by U.S. DEPARTMENT OF STATE. (Attachments: # 1 Text of Proposed Order)(Ross, Carl) (Entered: 07/22/2016)
2016-07-2533ORDER establishing new search and production schedule. See text for details. Signed by Judge John D. Bates on 7/25/2016. (lcjdb2) (Entered: 07/25/2016)
2016-07-25Set/Reset Deadlines: Status Report due by 11/30/2016. (tb) (Entered: 07/25/2016)
2016-09-3034STATUS REPORT Defendant's Status Report and Consent Motion for Extension of Time by U.S. DEPARTMENT OF STATE. (Attachments: # 1 Text of Proposed Order)(Ross, Carl) (Entered: 09/30/2016)
2016-10-03MINUTE ORDER: Upon consideration of 34 defendant's consent motion for an extension of time, and the entire record herein, it is hereby ORDERED that the motion is GRANTED. Defendant's initial release of Air Wing Weekly Reports shall be produced by not later than October 14, 2016. Signed by Judge John D. Bates on 10/3/16. (lcjdb2) (Entered: 10/03/2016)
2016-10-03Set/Reset Deadlines: Defendant's initial release of Air Wing Weekly Reports production due by 10/14/2016. (tb) (Entered: 10/03/2016)
2016-11-3035STATUS REPORT by U.S. DEPARTMENT OF STATE. (Ross, Carl) (Entered: 11/30/2016)
2016-12-08MINUTE ORDER: Upon consideration of 35 defendant's status report, and the entire record herein, it is hereby ORDERED that the Court will maintain 33 the current monthly production schedule entered on July 25, 2016. Accordingly, the first production date for feeder emails will be December 30, 2016, and defendant will release the three remaining Air Wing Weekly reports upon their return from the outside agency. The parties are further ORDERED to submit an additional joint status report by not later than February 7, 2017 updating the Court on the status of the feeder email production, and of the three remaining Air Wing Weekly reports. SO ORDERED. Signed by Judge John D. Bates on 12/8/16. (lcjdb2) (Entered: 12/08/2016)
2016-12-08Set/Reset Deadlines: Joint Status Report due by 2/7/2017. (tb) (Entered: 12/08/2016)
2017-01-1736NOTICE OF SUBSTITUTION OF COUNSEL by Alexander Kenneth Haas on behalf of All Defendants Substituting for attorney Carl E. Ross (Haas, Alexander) (Entered: 01/17/2017)
2017-02-0337Joint STATUS REPORT by U.S. DEPARTMENT OF STATE. (Haas, Alexander) (Entered: 02/03/2017)
2017-02-06MINUTE ORDER: Upon consideration of 37 the parties' joint status report, and the entire record herein, it is hereby ORDERED that the Court will maintain 33 the current monthly production schedule entered on July 25, 2016. The parties are further ORDERED to submit another joint status report by not later than August 7, 2017 updating the Court on the status of the feeder email production. SO ORDERED. Signed by Judge John D. Bates on 2/6/17. (lcjdb2) (Entered: 02/06/2017)
2017-02-07Set/Reset Deadlines: Joint Status Report due by 8/7/2017. (tb) (Entered: 02/07/2017)
2017-02-2738NOTICE OF SUBSTITUTION OF COUNSEL by Rhonda Lisa Campbell on behalf of U.S. DEPARTMENT OF STATE Substituting for attorney Alexander Haas (Campbell, Rhonda) (Entered: 02/27/2017)
2017-08-0739Joint STATUS REPORT by U.S. DEPARTMENT OF STATE. (Campbell, Rhonda) (Entered: 08/07/2017)
2017-08-08MINUTE ORDER: Upon consideration of 39 the parties' joint status report, and the entire record herein, it is hereby ORDERED that the Court will maintain 33 the current monthly production schedule entered on July 25, 2016. The parties shall submit another joint status report updating the Court on the status of the production by not later than February 7, 2018. SO ORDERED. Signed by Judge John D. Bates on 8/8/17. (lcjdb2) (Entered: 08/08/2017)
2017-08-08Set/Reset Deadlines: Joint Status Report due by 2/7/2018. (tb) (Entered: 08/08/2017)
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