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Case TitleSTOTTER v. UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2014cv02156
Date Filed2014-12-21
Date ClosedOpen
JudgeJudge Ketanji Brown Jackson
PlaintiffDANIEL J. STOTTER
Case DescriptionDaniel Stotter submitted a FOIA request to the U.S. Agency for International Development for records concerning funding for Pakistan-based media projects. The agency acknowledged receipt of the request and provided an interim response containing 213 pages. Stotter asked to defer his appeal until USAID had completed its response. The agency agreed, but Stotter heard nothing further from the agency. Stotter submitted a FOIA request to the State Department for records concerning funding for Pakistan-based media projects. The agency acknowledged receipt of the request and told Stotter the request was still open, but provided no further response. Stotter also submitted a request to the Broadcasting Board of Governors for records concerning funding for Pakistan-based media projects. The agency acknowledged receipt of the request and based on an initial indication that there were 8,000 responsive pages, asked Stotter for $18,000 in advance payment. The agency later told Stotter that after reviewing many of the records they were not responsive to his request and that the agency was continuing to process the request. However, after hearing nothing further from any of the agencies, Stotter filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantUNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT
DefendantUNITED STATES DEPARTMENT OF STATE
DefendantUNITED STATES DEPARTMENT OF STATE
TERMINATED: 11/18/2016
DefendantBROADCASTING BOARD OF GOVERNORS
DefendantBROADCASTING BOARD OF GOVERNORS
TERMINATED: 10/12/2016
Documents
Docket
Complaint
Complaint attachment 1
Opinion/Order [56]
FOIA Project Annotation: Judge Ketanji Brown Jackson has ruled that the U.S. Agency for International Development properly withheld identifying information about grants or funding for Pakistan based media organizations under Exemption 6 (invasion of privacy) but that because of the Supreme Court's recent decision in Food Marketing Institute v. Argus Leader Media, 139 S. Ct 915 (2019), abandoning the substantial harm test from National Parks, she cannot yet rule on the agency's Exemption 4 (confidential business information). The FOIA request was submitted by Daniel Stotter. The agency eventually disclosed 1,705 pages some of them with redactions under Exemption 4 and Exemption 6. Stotter challenged the claims made under both exemptions. Brown Jackson indicated that "to begin with, the Court has little doubt that the withheld information in the grant records qualifies as 'similar files' for the purpose of Exemption 6, because the 'similar files' qualification pertains not only to entire records, but also 'bits of personal information, such as names and grant forms that Stotter seeks contain personal, identifying information about the grant recipients, and USAID represents that it has 'redacted from the grant clearance forms identifying information of contractor, grantee, and sub-grantee staff and beneficiaries, and related information that could be used to identify them, such as the name of a group with whom they were affiliated, or its location.'" She agreed with the agency that their privacy interests were clearly more than de minimis, explaining that "there is a recognized risk that the release of identifying information concerning individuals who are tied to the U.S. government and who work in a sensitive geopolitical region like Pakistan might subject those individuals to targeting, potential inquiries, or harassment." She indicated that it was unclear how disclosure of the identifying information would benefit the public interest, pointing out that "the unredacted information that USAID has released already details the agency's operations and activities that involve expanding access to, and improving, the quality of media in Pakistan." Stotter argued that the agency's privacy claims were merely speculative. But Brown Jackson pointed out that "because 'publicly identifying' USAID's grantees 'would subject those individuals' to potentially malicious inquiries or 'even harassment,' disclosure of their identities implicates a substantial privacy interest for the purpose of Exemption 6." Brown Jackson also agreed that the agency had conducted a sufficient segregability analysis. She explained that "the fact that the agency specified the sensitive fields that were redacted from the release, released the fields not subject to Exemption 6, and even reconsidered former redactions gives the Court confidence that USAID made a serious effort to release what it could, and excluded only that which was permissible under Exemption 6." Because of the intervening Argus Media Leader decision by the Supreme Court, Brown Jackson noted that "because neither Stotter nor USAID has addressed the new test for confidentiality, this Court is unable to resolve the parties' Exemption 4 disputed based on the record presently before it."
Issues: Exemption 6 - Personnel, medical, similar file, Exemption 4 - Confidential business information
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2014-12-211COMPLAINT against BROADCASTING BOARD OF GOVERNORS, UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT, UNITED STATES DEPARTMENT OF STATE ( Filing fee $ 400 receipt number 0090-3942876) filed by DANIEL J STOTTER. (Attachments: # 1 Civil Cover Sheet)(Stotter, Daniel) (Entered: 12/21/2014)
2014-12-222REQUEST FOR SUMMONS TO ISSUE by DANIEL J STOTTER filed by DANIEL J STOTTER.(Stotter, Daniel) (Entered: 12/22/2014)
2014-12-22Case Assigned to Judge Ketanji Brown Jackson. (md, ) (Entered: 12/23/2014)
2014-12-233SUMMONS Issued Electronically as to BROADCASTING BOARD OF GOVERNORS, UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT, UNITED STATES DEPARTMENT OF STATE, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice of Consent, # 2 Consent Form) (md, ) (Entered: 12/23/2014)
2014-12-304AMENDED COMPLAINT against BROADCASTING BOARD OF GOVERNORS, UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT, UNITED STATES DEPARTMENT OF STATE filed by DANIEL J STOTTER.(Stotter, Daniel) (Entered: 12/30/2014)
2015-01-215GENERAL ORDER AND GUIDELINES FOR CIVIL CASES BEFORE JUDGE KETANJI BROWN JACKSON. The Court will hold the parties and counsel responsible for following these directives; failure to conform to this Order may, when appropriate, result in the imposition of sanctions. Signed by Judge Ketanji Brown Jackson on 1/21/2015. (lckbj1) (Entered: 01/21/2015)
2015-02-056Consent MOTION for Extension of Time to File Answer re 4 Amended Complaint by BROADCASTING BOARD OF GOVERNORS, UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT, UNITED STATES DEPARTMENT OF STATE (Attachments: # 1 Text of Proposed Order)(Interrante, John) (Entered: 02/05/2015)
2015-02-09MINUTE ORDER granting, for good cause shown, 6 Motion for Extension of Time to Answer, nunc pro tunc to 2/6/2015. Defendants shall answer or otherwise respond to the Amended Complaint by 3/9/2015. Signed by Judge Ketanji Brown Jackson on 2/9/2015. (lckbj1) (Entered: 02/09/2015)
2015-03-097ANSWER to 4 Amended Complaint by BROADCASTING BOARD OF GOVERNORS, UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT, UNITED STATES DEPARTMENT OF STATE. Related document: 4 Amended Complaint filed by DANIEL J. STOTTER.(Interrante, John) (Entered: 03/09/2015)
2015-04-07MINUTE ORDER: Before the Court in this FOIA case are a complaint and an answer. It is hereby ORDERED that the parties shall promptly confer and file a joint proposed schedule for briefing or disclosure, by 4/21/2015. Signed by Judge Ketanji Brown Jackson on 04/07/2015. (lckbj1) Modified on 4/7/2015 (zgdf, ). (Entered: 04/07/2015)
2015-04-218NOTICE of Proposed Order (Joint Proposed Scheduling Order) by BROADCASTING BOARD OF GOVERNORS, UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT, UNITED STATES DEPARTMENT OF STATE re Order, Set Deadlines,, (Attachments: # 1 Text of Proposed Order Proposed Scheduling Order)(Interrante, John) (Entered: 04/21/2015)
2015-05-079SCHEDULING ORDER. USAID shall complete its processing of responsive records by June 30, 2015. State and the BBG shall make an initial production of responsive records by July 15, 2015. The parties shall file a joint status report by July 31, 2015, advising the Court as to the status of the processing of records by all defendants, and proposing a briefing schedule as to any and all contested withholdings by USAID, including withholdings under FOIA Exemption 6, if litigation is going to be necessary. BBG and State shall complete their processing of responsive records by December 31, 2015. The parties shall file a joint status report by January 31, 2016, which shall include a proposed a schedule for further proceedings, if litigation is going to be necessary. Signed by Judge Ketanji Brown Jackson on 05/07/2015. (lckbj1) (Entered: 05/07/2015)
2015-07-3110STATUS REPORT JOINT STATUS REPORT by DANIEL J. STOTTER. (Stotter, Daniel) (Entered: 07/31/2015)
2015-08-07MINUTE ORDER. Based on the parties' representations in their 10 Joint Status Report, it is hereby ORDERED that the following schedule shall govern briefing regarding Plaintiff's FOIA request to USAID: USAID's Vaughn Index due by 10/7/2015; USAID's Motion for Summary Judgment is due by 11/6/2015; Plaintiff's consolidated Opposition to USAID's Motion and Cross-Motion for Summary Judgment is due by 12/11/2015; USAID's consolidated Reply in Support of its Motion and Opposition to Plaintiff's Cross-Motion is due by 1/18/2016; Plaintiff's Reply ins Support of its Cross Motion is due by 2/8/2016. Signed by Judge Ketanji Brown Jackson on 08/07/2015. (lckbj1) (Entered: 08/07/2015)
2015-11-0611MOTION for Extension of Time to File Motion for Summary Judgment by UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT (Attachments: # 1 Text of Proposed Order)(Interrante, John) (Entered: 11/06/2015)
2015-11-0912RESPONSE re 11 MOTION for Extension of Time to File Motion for Summary Judgment filed by DANIEL J. STOTTER. (Stotter, Daniel) (Entered: 11/09/2015)
2015-12-0413NOTICE of Filing of Declarations and Exhibits to Defendant USAID's Motion for Summary Judgment by UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT (Attachments: # 1 Declaration Stephen Lennon, # 2 Declaration Lynn P. Winston, # 3 Exhibit Vaughn index)(Interrante, John) (Entered: 12/04/2015)
2015-12-0714NOTICE of Filing of USAID Letter Providing Bates Stamped Records to Plaintiff by UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT re 13 Notice (Other), (Attachments: # 1 Exhibit USAID transmittal letter)(Interrante, John) (Entered: 12/07/2015)
2015-12-0715MOTION to Amend/Correct 11 MOTION for Extension of Time to File Motion for Summary Judgment (until December 14, 2015) by UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT (Attachments: # 1 Text of Proposed Order)(Interrante, John) (Entered: 12/07/2015)
2015-12-0816RESPONSE re 15 MOTION to Amend/Correct 11 MOTION for Extension of Time to File Motion for Summary Judgment (until December 14, 2015) filed by DANIEL J. STOTTER. (Stotter, Daniel) (Entered: 12/08/2015)
2015-12-1417MOTION for Summary Judgment by UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order)(Interrante, John) (Entered: 12/14/2015)
2015-12-1818NOTICE of Appearance by Patricia K. McBride on behalf of All Defendants (McBride, Patricia) (Entered: 12/18/2015)
2015-12-18MINUTE ORDER granting 11 Motion for Extension of Time to File Motion for Summary Judgment and 15 Motion to Amend, nunc pro tunc. It is hereby ORDERED that the following amended schedule shall govern briefing regarding Plaintiff's FOIA request to USAID: USAID's Motion for Summary Judgment is due by 12/14/2015; Plaintiff's consolidated Opposition to USAID's Motion and Cross-Motion for Summary Judgment is due by 1/18/2016; USAID's consolidated Reply in Support of its Motion and Opposition to Plaintiff's Cross-Motion is due by 2/24/2016; Plaintiff's Reply in Support of its Cross Motion is due by 3/17/2016. Signed by Judge Ketanji Brown Jackson on 12/18/2015. (lckbj1) (Entered: 12/18/2015)
2015-12-2619NOTICE OF WITHDRAWAL OF APPEARANCE as to BROADCASTING BOARD OF GOVERNORS, UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT, UNITED STATES DEPARTMENT OF STATE. Attorney John G. Interrante terminated. (Interrante, John) (Entered: 12/26/2015)
2015-12-3020Unopposed MOTION for Extension of Time to 02/12/2016 by UNITED STATES DEPARTMENT OF STATE (Attachments: # 1 Text of Proposed Order)(McBride, Patricia) (Entered: 12/30/2015)
2016-01-07MINUTE ORDER granting, for good cause shown, 20 Consent Motion for Extension of Time. It is hereby ORDERED that the deadline for defendant State Department to complete the processing of records responsive to plaintiffs FOIA request is extended to 2/12/2016. It is FURTHER ORDERED that the parties shall, by 3/12/12016, submit a joint status report that includes a proposed schedule for further proceedings, if litigation is going to be necessary. Signed by Judge Ketanji Brown Jackson on 1/7/2016. (lckbj1) (Entered: 01/07/2016)
2016-01-07Set/Reset Deadlines: Joint status report due by 3/12/2016. (gdf) (Entered: 01/07/2016)
2016-01-1821Cross MOTION for Summary Judgment & Memorandum of Points & Authorities by DANIEL J. STOTTER (Attachments: # 1 Statement of Facts, # 2 Declaration of Daniel J. Stotter & Exhibits A - C, # 3 Text of Proposed Order)(Stotter, Daniel) (Entered: 01/18/2016)
2016-01-1822RESPONSE re 17 MOTION for Summary Judgment filed by DANIEL J. STOTTER. (Attachments: # 1 Statement of Facts, # 2 Declaration of Daniel J. Stotter & Exhibits A - C, # 3 Text of Proposed Order)(Stotter, Daniel) (Entered: 01/18/2016)
2016-02-2523Consent MOTION for Extension of Time to file Reply and Opposition by UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT (McBride, Patricia) (Entered: 02/25/2016)
2016-03-1024MOTION for Extension of Time to April 30, 2016 by UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT (McBride, Patricia) (Entered: 03/10/2016)
2016-03-1025JOINT STATUS REPORT. (McBride, Patricia) Modified on 3/11/2016 (jf). (Entered: 03/10/2016)
2016-03-17MINUTE ORDER granting, for good cause shown 23 , 24 Consent Motion for Extension of Time to File Reply and Opposition, nunc pro tunc. It is hereby ORDERED that USAID's consolidated reply in further support of its motion for summary judgment and opposition to Plaintiff's cross-motion for summary judgment is due by 4/30/2016. Signed by Judge Ketanji Brown Jackson on 03/17/2016. (lckbj1, ) (Entered: 03/17/2016)
2016-03-20MINUTE ORDER. Based on the representations in the parties' 25 Status Report, it is hereby ORDERED that Defendants shall file any declarations addressing the adequacy of each agencys search actions on or before 5/15/2016, and that the parties shall file a further status report on or before 5/30/2016, which shall contain a proposed schedule for further proceedings if litigation is going to be necessary. Signed by Judge Ketanji Brown Jackson on 03/20/2016. (lckbj1, ) (Entered: 03/20/2016)
2016-04-2726Joint MOTION for Extension of Time to 5-27-2016 by UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT (McBride, Patricia) (Entered: 04/27/2016)
2016-05-11MINUTE ORDER. The 26 Joint Motion for Enlargement of Time is hereby GRANTED nunc pro tunc to April 27, 2016. Defendants shall file their reply on May 27, 2016, and Plaintiff shall file its reply on June 30, 2016. The parties shall submit a joint status report on May 30, 2016; all other deadlines remain in effect. Signed by Judge Ketanji Brown Jackson on 5/11/2016. (lckbj2) (Entered: 05/11/2016)
2016-05-12Set/Reset Deadlines: Defendants's reply due by 5/27/16, and Plaintiff's reply due by 6/30/2016. (gdf) (Entered: 05/12/2016)
2016-05-1327Consent MOTION for Extension of Time to file Declaration by UNITED STATES DEPARTMENT OF STATE (McBride, Patricia) (Entered: 05/13/2016)
2016-05-1628Vaughn Index from BBG. (Attachments: # 1 Supplement BBG Vaughn Index)(McBride, Patricia) (Entered: 05/16/2016)
2016-05-2429Consent MOTION for Extension of Time to File Response/Reply by BROADCASTING BOARD OF GOVERNORS, UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT (McBride, Patricia) (Entered: 05/24/2016)
2016-05-27MINUTE ORDER granting, for good cause shown, 27 Consent Motion for Extension of Time to File Declaration, nunc pro tunc. It is hereby ORDERED that the Department of State shall file any declarations addressing the adequacy of its search actions on or before 6/1/2016, and that the parties shall file a further status report on or before 6/24/2016, which shall contain a proposed schedule for further proceedings if litigation is going to be necessary. Signed by Judge Ketanji Brown Jackson on 05/27/2016. (lckbj1) (Entered: 05/27/2016)
2016-06-0230AFFIDAVIT of Eric Stein by UNITED STATES DEPARTMENT OF STATE. (Attachments: # 1 Declaration ERIC STEIN, # 2 Exhibit 1, # 3 Exhibit 2)(McBride, Patricia) (Entered: 06/02/2016)
2016-06-14MINUTE ORDER. In the interest of judicial efficiency, and in light of the complexities that have arisen with respect to coordinating responses among the three agency Defendants, it is hereby ORDERED that this case is administratively STAYED until all dispositive motions have been fully briefed. It is FURTHER ORDERED that the following amended schedule shall govern briefing for the parties' remaining submissions (the deadlines with respect to which are not affected by the stay in this case): (1) As set forth in the minute order of 5/27/2016, Plaintiff and State's Joint Status Report is due by 6/24/2016; (2) BBG's Declaration addressing the adequacy of its search actions (previously scheduled by minute order of 3/20/2016) is now due by 6/28/2016, and its Joint Status Report with Plaintiff is due by 7/12/2016, which shall contain a proposed schedule for further proceedings if litigation is going to be necessary; (3) USAID's Joint Status Report and its consolidated Reply in Support of its Motion and Opposition to Plaintiff's Cross-Motion are both due by 6/17/2016, and Plaintiff's Reply in Support of its Cross Motion is due by 7/22/2016. It is FURTHER ORDERED that Defendants' 29 Consent Motion for Extension of Time is hereby GRANTED IN PART, for good cause shown, with respect to USAID's proposed schedule and DENIED IN PART as moot with respect to BBG's Vaughn Index. The parties are on notice that the Court does not intend to grant any further motions for extensions of time to file any submissions related to dispositive motions, absent exceptional circumstances. Signed by Judge Ketanji Brown Jackson on June 14, 2016. (lckbj3, ) (Entered: 06/14/2016)
2016-06-1631REPLY to Opposition re 17 MOTION for Summary Judgment by UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT (McBride, Patricia) Modified event title on 6/17/2016 (znmw). (Entered: 06/16/2016)
2016-06-1632JOINT STATUS REPORT. (McBride, Patricia) Modified event title on 6/17/2016 (znmw). (Entered: 06/16/2016)
2016-06-1633Memorandum in opposition to re 21 Cross MOTION for Summary Judgment & Memorandum of Points & Authorities filed by UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT, UNITED STATES DEPARTMENT OF STATE. (See Docket Entry 31 to view document). (znmw) (Entered: 06/17/2016)
2016-06-2434Joint STATUS REPORT & Proposed Briefing Schedule by DANIEL J. STOTTER. (Stotter, Daniel) (Entered: 06/24/2016)
2016-06-2835AFFIDAVIT by BROADCASTING BOARD OF GOVERNORS. (Attachments: # 1 Declaration BBG-Krog, # 2 Declaration BBG-Martine)(McBride, Patricia) (Entered: 06/28/2016)
2016-07-01MINUTE ORDER. In light of the representations that defendant U.S. Department of State ("State Department") made in the parties' 34 Joint Status Report, it is hereby ORDERED that, on or before 7/8/2016, defendant State Department shall file a declaration, referenced on page 2 of the parties' report, explaining why it needs until 9/20/2016, to prepare and file its additional Vaughn Index. Signed by Judge Ketanji Brown Jackson on 07/01/2016. (lckbj1) (Entered: 07/01/2016)
2016-07-01Set/Reset Deadlines: Response to Show Cause due by 7/8/2016. (tj) (Entered: 07/01/2016)
2016-07-0836RESPONSE TO ORDER OF THE COURT re Order, Set Deadlines,, filed by UNITED STATES DEPARTMENT OF STATE. (McBride, Patricia) (Entered: 07/08/2016)
2016-07-0837JOINT STATUS REPORT. (McBride, Patricia) Modified on 7/8/2016 to correct docket event/text (jf). (Entered: 07/08/2016)
2016-07-12MINUTE ORDER. Based on the representations that defendant Broadcasting Board of Governors and plaintiff made in their 37 Joint Status Report, it is hereby ORDERED that, on or before 8/1/2016, these parties shall file a further joint status report, which shall include a proposed schedule for further proceedings if litigation is going to be necessary. Signed by Judge Ketanji Brown Jackson on 07/12/2016. (lckbj1, ) (Entered: 07/12/2016)
2016-07-15MINUTE ORDER. It is hereby ORDERED that the following schedule is set for briefing summary judgment with respect to the claims that Plaintiff asserts against the U.S. Department of State ("State Department"): State Department's additional Vaughn index is due on or before 9/7/2016; State Department's motion for summary judgment is due on or before 9/28/2016; Plaintiff's consolidated opposition to the motion for summary judgment and cross-motion for summary judgment is due by 10/24/2016; State Department's consolidated reply in further support of its motion for summary judgment and in opposition to the cross-motion for summary judgment is due on or before 11/14/2016; Plaintiff's reply in further support of his cross-motion for summary judgment is due on or before 12/7/2016. Signed by Judge Ketanji Brown Jackson on 07/15/2016. (lckbj1) (Entered: 07/15/2016)
2016-07-2838ENTERED IN ERROR.....MEET AND CONFER STATEMENT. (McBride, Patricia) Modified on 7/29/2016 (jf). (Entered: 07/28/2016)
2016-07-2839Joint STATUS REPORT by BROADCASTING BOARD OF GOVERNORS, DANIEL J. STOTTER, UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT, UNITED STATES DEPARTMENT OF STATE. (jf) (Entered: 07/29/2016)
2016-07-29NOTICE OF CORRECTED DOCKET ENTRY: Document No. re 38 Meet and Confer Statement was entered in error and refiled by the clerk's office under the correct category/event. (jf) (Entered: 07/29/2016)
2016-08-01MINUTE ORDER. It is hereby ORDERED that the following schedule is set for briefing summary judgment with respect to the claims that Plaintiff asserts against Broadcasting Board of Governors ("BBG"): BBG's updated Vaughn index is due on or before 9/19/2016; BBG's motion for summary judgment is due on or before 9/30/2016; Plaintiff's consolidated opposition to BBG's motion for summary judgment and cross-motion for summary judgment is due by 10/31/2016; BBG's consolidated reply in further support of its motion for summary judgment and in opposition to Plaintiff's cross-motion for summary judgment is due on or before 11/30/2016; Plaintiff's reply in further support of his cross-motion for summary judgment is due on or before 12/21/2016. Signed by Judge Ketanji Brown Jackson on 08/01/2016. (lckbj1, ) (Entered: 08/01/2016)
2016-09-0440Vaughn Index from LARRY PALMER. (Attachments: # 1 Declaration Vaughn Index, # 2 Exhibit)(McBride, Patricia) (Entered: 09/04/2016)
2016-09-1941Vaughn Index from Andrew T. Krog. (Attachments: # 1 Declaration Declaration - Andrew Krog, # 2 Exhibit Exhibits 1-23 - Krog Declaration)(McBride, Patricia) (Entered: 09/19/2016)
2016-09-2842First MOTION for Summary Judgment by UNITED STATES DEPARTMENT OF STATE (Attachments: # 1 Declaration Palmer Declaration, # 2 Exhibit to Palmer Declaration, # 3 Declaration Stein Declaration, # 4 Exhibit Stein Declaration)(McBride, Patricia) (Entered: 09/28/2016)
2016-09-2843NOTICE of Filing Facts Not in Genuine Dispute by UNITED STATES DEPARTMENT OF STATE (McBride, Patricia) (Entered: 09/28/2016)
2016-09-2944Joint MOTION for Extension of Time to October 12, 2016 by BROADCASTING BOARD OF GOVERNORS (McBride, Patricia) (Entered: 09/29/2016)
2016-10-11MINUTE ORDER granting, for good cause shown, 44 Joint Motion for Extension of Time to File Motion for Summary Judgment, nunc pro tunc. It is hereby ORDERED that the Broadcasting Board of Governor's motion for summary judgment is due on or before 10/12/2016. Signed by Judge Ketanji Brown Jackson on 10/11/2016. (lckbj1) (Entered: 10/11/2016)
2016-10-1245NOTICE of Settlement by BROADCASTING BOARD OF GOVERNORS (McBride, Patricia) (Entered: 10/12/2016)
2016-10-1646Consent MOTION for Extension of Time to File Response/Reply & Modify Briefing Schedule by DANIEL J. STOTTER (Attachments: # 1 Text of Proposed Order)(Stotter, Daniel) (Entered: 10/16/2016)
2016-10-21MINUTE ORDER granting, for good cause shown, Plaintiffs 46 Consent Motion for Extension of Time to File Response/Reply & Modify Briefing Schedule. It is hereby ORDERED that the following amended schedule shall govern the remaining submissions with respect to Plaintiffs claims against the defendant U.S. Department of State (State Department): Plaintiff's consolidated Opposition to State Departments 42 Motion for Summary Judgment and Cross-Motion for Summary Judgment is due on or before 11/14/2016; State Departments consolidated Reply in support of its 42 Motion for Summary Judgment and in Opposition to Plaintiffs Cross-Motion for Summary Judgment is due on or before 12/5/2016; and Plaintiffs Reply in further support of his Cross-Motion for Summary Judgment is due on or before 12/21/2016. Signed by Judge Ketanji Brown Jackson on 10/21/2016. (lckbj1) (Entered: 10/21/2016)
2016-11-1747ORDER TO SHOW CAUSE directing the plaintiff show cause by 11/30/2016 why his claims against Defendant State Department should not be dismissed for failure to prosecute. See attached document for details. Signed by Judge Ketanji Brown Jackson on 11/17/2016. (lckbj1) (Entered: 11/17/2016)
2016-11-1748JOINT STATUS REPORT. (McBride, Patricia) Modified event title on 11/18/2016 (znmw). (Entered: 11/17/2016)
2016-11-1849NOTICE of Settlement STATE by UNITED STATES DEPARTMENT OF STATE (McBride, Patricia) (Entered: 11/18/2016)
2016-11-2350RESPONSE TO ORDER TO SHOW CAUSE by DANIEL J. STOTTER re 47 Order to Show Cause, . (Stotter, Daniel) (Entered: 11/23/2016)
2016-12-0551Joint STATUS REPORT by DANIEL J. STOTTER. (Stotter, Daniel) (Entered: 12/05/2016)
2016-12-0552Consent MOTION for Extension of Time to File Response/Reply (USAID Claim) by DANIEL J. STOTTER (Attachments: # 1 Text of Proposed Order)(Stotter, Daniel) (Entered: 12/05/2016)
2016-12-06MINUTE ORDER. On June 14, 2016, this Court clarified the entire briefing schedule with respect to each defendant against whom Plaintiff sought relief. (See Min. Order of June 14, 2016.) The amended schedule specifically addressed the deadlines for each party's submissions with respect to the claims against Defendant USAID, and ordered Plaintiff to file his Reply in Support of his Cross Motion for Summary Judgment by July 22, 2016. (See id.) In that minute order, the Court further warned that it did "not intend to grant any further motions for extensions of time to file any submissions related to dispositive motions, absent exceptional circumstances." (Id.) Plaintiff failed to file a Reply brief by the clearly established deadline. Instead, on December 6, 2016, Plaintiff presented a 52 Consent Motion for Extension of Time, which states that Plaintiff "inadvertently did not timely file his final reply briefing … due to confusion by [Plaintiff's counsel] as to the multi-party briefing schedule[,]" and requests an extension of time —until January 13, 2017— to file the overdue brief. (Pl.'s Consent Mot. for Extension of Time, ECF No. 52, at 1.) Given the history of this action, which includes multiple missed deadlines and extension requests, and also Plaintiff's failure to demonstrate the existence of any circumstances that justify the proposed filing of a brief that was due more than four months ago, much less "exceptional" circumstances, it is hereby ORDERED that Plaintiff's 52 Consent Motion for Extension of Time is DENIED. Signed by Judge Ketanji Brown Jackson on 12/6/2016. (lckbj4) (Entered: 12/06/2016)
2018-07-1753STATUS REPORT re: Pending Motions by DANIEL J. STOTTER (Stotter, Daniel) Modified on 7/18/2018 to correct docket text (jf). (Entered: 07/17/2018)
2019-02-1154STATUS REPORT Re Pending Motions by DANIEL J. STOTTER. (Stotter, Daniel) (Entered: 02/11/2019)
2020-03-0955NOTICE Re Unresolved Pending Motions by DANIEL J. STOTTER (Stotter, Daniel) (Entered: 03/09/2020)
2020-10-0356MEMORANDUM OPINION, granting in part and denying in part Defendant's 17 Motion for Summary Judgment, and denying Plaintiff's 21 Cross-Motion for Summary Judgment. Signed by Judge Ketanji Brown Jackson on 10/03/2020. (lckbj2) (Entered: 10/03/2020)
2020-10-0357ORDER, granting in part and denying in part Defendant's 17 Motion for Summary Judgment; denying Plaintiff's 21 Cross-Motion for Summary Judgment; and requiring supplemental briefing. See order for details and deadlines. Signed by Judge Ketanji Brown Jackson on 10/03/2020. (lckbj2) (Entered: 10/03/2020)
2020-10-2258STIPULATION of Dismissal by BROADCASTING BOARD OF GOVERNORS, UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT, UNITED STATES DEPARTMENT OF STATE. (McBride, Patricia) (Entered: 10/22/2020)
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