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Case TitleASSOCIATED PRESS v. UNITED STATES DEPARTMENT OF STATE
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2015cv00345
Date Filed2015-03-11
Date ClosedOpen
JudgeJudge Richard J. Leon
PlaintiffASSOCIATED PRESS
PlaintiffBAE SYSTEMS PLC
Case DescriptionThe Associated Press submitted six FOIA requests to the Department of State for various records concerning Hillary Clinton's official actions while Secretary of State. Only one of the six requests has been responded to in part. In the aftermath of the acknowledgement that Clinton used a personal email server for her official and personal email while she was Secretary of State, AP filed suit to force the agency to process and disclose her emails.
Complaint issues: Failure to respond within statutory time limit, Agency Record, Choice of format, Litigation - Attorney's fees

DefendantUNITED STATES DEPARTMENT OF STATE
DefendantBAE SYSTEMS PLC
DefendantBAE SYSTEMS, INC.
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
Complaint attachment 7
Opinion/Order [104]
FOIA Project Annotation: Judge Richard Leon has ruled that the Department of State properly invoked Exemption 3 (other statutes), Exemption 5 (privileges), and Exemption 6 (invasion of privacy) for redactions made in records concerning the agency's December 2010 decision to settle with BAE Systems. After reviewing the withheld records in camera, Leon noted that "State produced all reasonably segregable information contained in the same documents that was not subject to a statutory exemption and that no further non-exempt material is subject to release in the sample documents." State had also withheld records under Exemption 4 (confidential information). Leon agreed with the agency that the records had been voluntarily submitted by BAE Systems. As such, he pointed out, "the State Department lacked the authority to compel their production, and. . .the submitted documents are therefore subject to the 'voluntary' standard set forth in Critical Mass." He added that "the withheld information meets that standard since it 'is of a kind that would customarily not be released to the public' by BAES, and is therefore appropriately withheld." He went on to observe that "nevertheless, even if the documents at issue were provided to State involuntarily, the withheld information would still meet the higher standard set forth in National Parks as disclosure of the withheld documents at issue would either hinder the government's ability to obtain similar information in future settlement negotiations or 'would likely cause substantial competitive harm to BAES."
Issues: Exemption 4 - Voluntary submission, Exemption 4 - Impairment of agency, Exemption 4 - Competitive harm
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2015-03-111COMPLAINT against UNITED STATES DEPARTMENT OF STATE ( Filing fee $ 400 receipt number 0090-4018092) filed by ASSOCIATED PRESS. (Attachments: # 1 Exhibit Exhibits A-E, # 2 Exhibit Exhibits F-K, # 3 Civil Cover Sheet, # 4 Declaration Corporate Disclosure Statement, # 5 Summons, # 6 Summons, # 7 Summons)(Brown, Jay) (Entered: 03/11/2015)
2015-03-112LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by ASSOCIATED PRESS (md, ) (Entered: 03/11/2015)
2015-03-11Case Assigned to Judge Richard J. Leon. (md, ) (Entered: 03/11/2015)
2015-03-113SUMMONS (3) Issued Electronically as to UNITED STATES DEPARTMENT OF STATE, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice of Consent, # 2 Consent Form) (md, ) (Entered: 03/11/2015)
2015-03-204RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 3/17/2015. Answer due for ALL FEDERAL DEFENDANTS by 4/16/2015. (Brown, Jay) (Entered: 03/20/2015)
2015-03-205RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 3/17/15. (Brown, Jay) (Entered: 03/20/2015)
2015-03-206RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES DEPARTMENT OF STATE served on 3/17/2015 (Brown, Jay) (Entered: 03/20/2015)
2015-04-137Unopposed MOTION for Leave to File Response to Complaint by UNITED STATES DEPARTMENT OF STATE (Attachments: # 1 Declaration Declaration of Daniel F. VanHorn, # 2 Text of Proposed Order)(Olson, Lisa) (Entered: 04/13/2015)
2015-05-268ANSWER to Complaint by UNITED STATES DEPARTMENT OF STATE.(Olson, Lisa) (Entered: 05/26/2015)
2015-07-10Set/Reset Hearings: Status Conference set for 7/15/2015 02:30 PM in Courtroom 18 before Judge Richard J. Leon. (lcrjl1, ) (Entered: 07/10/2015)
2015-07-149Joint MOTION to Continue Status Conference by UNITED STATES DEPARTMENT OF STATE (Olson, Lisa) (Entered: 07/14/2015)
2015-07-15Minute Entry for Proceedings held before Judge Richard J. Leon: Status Conference held on 7/15/2015. In light of the Status Conference held this date, it is ORDERED that the 9 Joint Motion to Continue the Status Hearing set for 7/15/2015 is DENIED as MOOT. Another Status Conference is scheduled for 7/22/2015 at 3:30 PM in Courtroom 18 before Judge Richard J. Leon. The Court ORDERS that the Department Head of the FOIA Section for the Department of State must attend the Status Conference scheduled for 7/22/2015. (Court Reporter: William Zaremba) (jth) (Entered: 07/17/2015)
2015-07-2110NOTICE of Appearance by Robert J. Prince on behalf of UNITED STATES DEPARTMENT OF STATE (Prince, Robert) (Entered: 07/21/2015)
2015-07-2111NOTICE of Filing of Declaration of John F. Hackett by UNITED STATES DEPARTMENT OF STATE (Attachments: # 1 Declaration Declaration of John F. Hackett)(Olson, Lisa) (Entered: 07/21/2015)
2015-07-2212NOTICE of Appearance by Matthew E. Kelley on behalf of ASSOCIATED PRESS (Kelley, Matthew) (Entered: 07/22/2015)
2015-07-22Minute Entry: Status Conference held on 7/22/2015 before Judge Richard J. Leon: Status Conference continued to 7/29/2015 02:30 PM in Courtroom 18 before Judge Richard J. Leon. (Court Reporter William Zaremba) (tb) (Entered: 07/23/2015)
2015-07-2813TRANSCRIPT OF STATUS CONFERENCE PROCEEDINGS before Judge Richard J. Leon held on July 15, 2015; Page Numbers: 1-43. Date of Issuance: July 28, 2015. Court Reporter/Transcriber: William Zaremba; Telephone number: (202)354-3249; Court Reporter Email Address: WilliamPZaremba@gmail.com. For the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, PDF or ASCII) may be purchased from the court reporter. NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 8/18/2015. Redacted Transcript Deadline set for 8/28/2015. Release of Transcript Restriction set for 10/26/2015.(wz) (Entered: 07/28/2015)
2015-07-2814NOTICE of Filing of Supplemental Declaration of John F. Hackett by UNITED STATES DEPARTMENT OF STATE re 11 Notice (Other) (Attachments: # 1 Declaration Supplemental Declaration of John F. Hackett)(Olson, Lisa) (Entered: 07/28/2015)
2015-07-28Set/Reset Hearings: Status Conference initially set for 7/29/2015 02:30 PM in Courtroom 18 before Judge Richard J. Leon shall be re-scheduled to 7/29/2015 at 03:00 PM. (lcrjl1, ) (Entered: 07/28/2015)
2015-07-29Minute Entry for proceedings held before Judge Richard J. Leon: Status Conference held on 7/29/2015. Witness: John F. Hackett. Supplement to the Record and Updated Declaration of John F. Hackett are due by 8/5/2015. (Court Reporter: Cathryn Jones) (jth) (Entered: 07/29/2015)
2015-07-3115TRANSCRIPT OF PROCEEDINGS before Judge Richard J. Leon held on July 29, 2015; Page Numbers: 1 - 82. Date of Issuance:July 31, 2015. Court Reporter/Transcriber Cathryn Jones, Telephone number 2023543246, Court Reporter Email Address : jcathryn55@yahoo.com.<P></P>For the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter.<P> NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov.<P></P> Redaction Request due 8/21/2015. Redacted Transcript Deadline set for 8/31/2015. Release of Transcript Restriction set for 10/29/2015.(Jones, Cathryn) (Entered: 07/31/2015)
2015-08-0516NOTICE of Filing of Second Supplemental Declaration of John F. Hackett by UNITED STATES DEPARTMENT OF STATE (Attachments: # 1 Declaration Second Supplemental Declaration of John F. Hackett)(Olson, Lisa) (Entered: 08/05/2015)
2015-08-0717ORDER: Upon consideration of the Declaration of John F. Hackett [Dkt, #11-1], the Supplemental Declarations thereto [ Dkts, ##14-1, 16-1], and the live testimony provided by the same, see generally Status Hearing Transcript, July 31, 2015 [Dkt#15], it is hereby ordered that the following schedule shall apply to the production of responsive documents in this case. SEE ORDER FOR FULL DETAILS. Signed by Judge Richard J. Leon on 08/07/15. (tb) (Entered: 08/07/2015)
2015-08-1318TRANSCRIPT OF PROCEEDINGS before Judge Richard J. Leon held on July 29, 2015; Page Numbers: 1 - 82. Court Reporter/Transcriber Cathryn Jones, Telephone number 202 354-3246, Court Reporter Email Address : jcathryn55@yahoo.com.<P></P>For the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter.<P> NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov.<P></P> Redaction Request due 9/3/2015. Redacted Transcript Deadline set for 9/13/2015. Release of Transcript Restriction set for 11/11/2015.(Jones, Cathryn) (Entered: 08/13/2015)
2015-09-0219NOTICE of Filing Motion for Designation of Coordinating Judge by UNITED STATES DEPARTMENT OF STATE (Attachments: # 1 Motion for Designation of Coordinating Judge)(Prince, Robert) (Entered: 09/02/2015)
2015-09-0420NOTICE of Order Entered in Misc. No. 15-1188 by UNITED STATES DEPARTMENT OF STATE (Attachments: # 1 Copy of Order)(Prince, Robert) (Entered: 09/04/2015)
2015-09-1121First STATUS REPORT by UNITED STATES DEPARTMENT OF STATE. (Olson, Lisa) (Entered: 09/11/2015)
2015-09-1422NOTICE of filing of response to defendant's motion for designation of a coordinating judge by ASSOCIATED PRESS re 19 Notice (Other) (Brown, Jay) (Entered: 09/14/2015)
2015-10-0623Second STATUS REPORT by UNITED STATES DEPARTMENT OF STATE. (Olson, Lisa) (Entered: 10/06/2015)
2015-10-13MINUTE ORDER: Upon consideration of 23 Defendant's Second Status Report, it is hereby ORDERED that defendant submit a status report no later than October 14, 2015, containing an estimate of the volume of documents potentially responsive to Request D, Records Regarding Surveillance and Anti-Terrorism Programs, and a proposed production schedule for those records. Signed by Judge Richard J. Leon on 10/13/15. (lcrjl3, ) (Entered: 10/13/2015)
2015-10-14Set/Reset Deadlines: Status Report due by 10/14/2015. (tb) (Entered: 10/14/2015)
2015-10-1424Third STATUS REPORT by UNITED STATES DEPARTMENT OF STATE. (Olson, Lisa) (Entered: 10/14/2015)
2015-10-1525NOTICE by UNITED STATES DEPARTMENT OF STATE re 11 Notice (Other) (Attachments: # 1 Exhibit)(Olson, Lisa) (Entered: 10/15/2015)
2015-10-1926RESPONSE re 24 Status Report filed by ASSOCIATED PRESS. (Kelley, Matthew) (Entered: 10/19/2015)
2015-10-2327ORDER: Upon consideration of defendant's 24 Third Status Report filed by UNITED STATES DEPARTMENT OF STATE and plaintiff's 26 Response to Document filed by ASSOCIATED PRESS; it is hereby ordered that the following schedule shall apply to the production of documents responsive to Request D, Records Regarding Surveillance and Anti-Terrorism Programs. Subject to restrictions outline in this order, the defendant shall produce all non-exempt portions of the documents responsive to Request D that have been identified to by 1/15/2016. SEE ORDER FOR FULL DETAILS. Signed by Judge Richard J. Leon on 10/22/15. (tb) (Entered: 10/23/2015)
2015-11-0428STATUS REPORT Regarding Request A by UNITED STATES DEPARTMENT OF STATE. (Attachments: # 1 Declaration Declaration of Kelly C. Degnan)(Olson, Lisa) (Entered: 11/04/2015)
2015-11-04MINUTE ORDER: Upon consideration of 28 Defendant's Status Report Regarding Request A, it is hereby ORDERED that the parties shall meet and confer regarding (1) ways to refine or narrow the search for records potentially responsive to Request A, and (2) a revised production schedule for documents responsive to Request A. It is further ORDERED that defendant shall report on this discussion in its status report due November 12, 2015 and include a proposed revised production schedule for Request A therewith. Signed by Judge Richard J. Leon on 11/4/15. (lcrjl3, ) (Entered: 11/04/2015)
2015-11-05Set/Reset Deadlines: Status Report due by 11/12/2015. (tb) (Entered: 11/05/2015)
2015-11-1229STATUS REPORT And Proposed Production Schedule Regarding Request A by UNITED STATES DEPARTMENT OF STATE. (Olson, Lisa) (Entered: 11/12/2015)
2015-11-1630RESPONSE re 29 Status Report and Proposed Production Schedule Regarding Request A filed by ASSOCIATED PRESS. (Attachments: # 1 Exhibit Declaration of Stephen S. Braun)(Brown, Jay) (Entered: 11/16/2015)
2015-11-1731NOTICE of Appearance by Carol Federighi on behalf of UNITED STATES DEPARTMENT OF STATE (Federighi, Carol) (Entered: 11/17/2015)
2015-11-2032REPLY re 29 Status Report filed by UNITED STATES DEPARTMENT OF STATE. (Attachments: # 1 Exhibit 1: calendar for Jan. 20, 2010, # 2 Exhibit 2: mini schedule for Jan. 20, 2010, # 3 Exhibit 3:calendar for Jan. 20, 2011, # 4 Exhibit 4:final schedule for Jan. 20, 2011)(Federighi, Carol) (Entered: 11/20/2015)
2015-12-14MINUTE ORDER: Upon consideration of 29 Defendant's Status Report and Proposed Production Schedule Regarding Request A and 30 plaintiff's response thereto, it is hereby ORDERED that the parties shall submit proposed scheduling orders to govern the production of documents responsive to Request A no later than 12/21/2015. Signed by Judge Richard J. Leon on 12/14/15.(lcrjl3, ) (Entered: 12/14/2015)
2015-12-1433STATUS REPORT Regarding First Request E Production by UNITED STATES DEPARTMENT OF STATE. (Federighi, Carol) (Entered: 12/14/2015)
2015-12-17MINUTE ORDER granting nunc pro tunc defendant's 7 Unopposed Motion for Leave to File Response to Complaint. It is hereby ORDERED that this motion is GRANTED. Signed by Judge Richard J. Leon on 12/17/15. (lcrjl3, ) (Entered: 12/17/2015)
2015-12-2134RESPONSE TO ORDER OF THE COURT re Status Report Order, Proposed Production Schedule Regarding Request A filed by ASSOCIATED PRESS. (Attachments: # 1 Text of Proposed Order)(Brown, Jay) (Entered: 12/21/2015)
2015-12-2135STATUS REPORT and Response to Court Order re Request A by UNITED STATES DEPARTMENT OF STATE. (Attachments: # 1 Text of Proposed Order, # 2 Exhibit A: Daily Caller v. Dep't of State slip opinion)(Federighi, Carol) (Entered: 12/21/2015)
2016-01-1336STATUS REPORT Regarding Second Request E Production by UNITED STATES DEPARTMENT OF STATE. (Federighi, Carol) (Entered: 01/13/2016)
2016-01-1937SCHEDULING ORDER REGARDING REQUEST A: Upon consideration of defendant's 29 Status Report filed by UNITED STATES DEPARTMENT OF STATE, plaintiff's 30 Response to Document filed by ASSOCIATED PRESS and the parties' proposed scheduling orders; it is hereby ordered the State shall have reviewed and processed 600 pages of documents from the electronic files containing Secretary Clinton's " final schedules" and mini-schedules" and produced all non-exempt portions of those pages by 2/29/2016. Signed by Judge Richard J. Leon on 01/15/16. SEE ORDER FOR FULL DETAILS. (tb) (Entered: 01/20/2016)
2016-01-2138STATUS REPORT Regarding Request D Production by UNITED STATES DEPARTMENT OF STATE. (Federighi, Carol) (Entered: 01/21/2016)
2016-02-1239STATUS REPORT Regarding Third Request E Production by UNITED STATES DEPARTMENT OF STATE. (Federighi, Carol) (Entered: 02/12/2016)
2016-03-0740STATUS REPORT Regarding Request A Production by UNITED STATES DEPARTMENT OF STATE. (Federighi, Carol) (Entered: 03/07/2016)
2016-03-1441STATUS REPORT Regarding Fourth Request E Production by UNITED STATES DEPARTMENT OF STATE. (Federighi, Carol) (Entered: 03/14/2016)
2016-03-1542MOTION for Extension of Time to Complete Request E Production by UNITED STATES DEPARTMENT OF STATE (Attachments: # 1 Declaration of John F. Hackett, Third Supplemental, # 2 Text of Proposed Order)(Federighi, Carol) (Entered: 03/15/2016)
2016-03-1643Memorandum in opposition to re 42 MOTION for Extension of Time to Complete Request E Production filed by ASSOCIATED PRESS. (Brown, Jay) (Entered: 03/16/2016)
2016-03-1844REPLY to opposition to motion re 42 MOTION for Extension of Time to Complete Request E Production filed by UNITED STATES DEPARTMENT OF STATE. (Federighi, Carol) (Entered: 03/18/2016)
2016-03-2545ORDER: Upon consideration of the defendant's 42 Motion for Extension of Deadline for Final Request E Production; it is hereby ordered that the motion is GRANTED IN PART AND DENIED IN PART. It is hereby ordered that the deadline for production of all non-exempt portions of documents responsive to Request E is extended to June 13, 2016. Signed by Judge Richard J. Leon on 03/24/16. (tb) (Entered: 03/25/2016)
2016-03-25Set/Reset Deadlines: Production of all non-exempt portions of documents responsive to Request E is due by 6/13/2016. (tb) (Entered: 03/25/2016)
2016-04-0646STATUS REPORT , Second, Regarding Request A Production by UNITED STATES DEPARTMENT OF STATE. (Federighi, Carol) (Entered: 04/06/2016)
2016-04-1147STATUS REPORT Regarding Fifth Request E Production by UNITED STATES DEPARTMENT OF STATE. (Federighi, Carol) (Entered: 04/11/2016)
2016-05-0648Third STATUS REPORT Regarding Request A Production by UNITED STATES DEPARTMENT OF STATE. (Federighi, Carol) (Entered: 05/06/2016)
2016-05-1649STATUS REPORT Regarding Sixth Request E Production by UNITED STATES DEPARTMENT OF STATE. (Olson, Lisa) (Entered: 05/16/2016)
2016-06-0750STATUS REPORT (Fourth) Re Request A Production by UNITED STATES DEPARTMENT OF STATE. (Federighi, Carol) (Entered: 06/07/2016)
2016-06-0951MOTION for Extension of Time to Complete Request E Production by UNITED STATES DEPARTMENT OF STATE (Attachments: # 1 Declaration Eric Stein, # 2 Text of Proposed Order)(Federighi, Carol) (Entered: 06/09/2016)
2016-06-1052RESPONSE re 51 MOTION for Extension of Time to Complete Request E Production filed by ASSOCIATED PRESS. (Brown, Jay) (Entered: 06/10/2016)
2016-06-1353STATUS REPORT Regarding Seventh Request E Production by UNITED STATES DEPARTMENT OF STATE. (Federighi, Carol) (Entered: 06/13/2016)
2016-06-2054STATUS REPORT Regarding Eighth Request E Production by UNITED STATES DEPARTMENT OF STATE. (Federighi, Carol) (Entered: 06/20/2016)
2016-06-22Set/Reset Hearings: Motion Hearing regarding defendant's motion for further extension of deadline for final request E production 51 set for 6/28/2016 at 03:00 PM in Courtroom 18 before Judge Richard J. Leon. (tb) (Entered: 06/22/2016)
2016-06-28Minute Entry: Motion Hearing held on 6/28/2016 before Judge Richard J. Leon re 51 MOTION for Extension of Time to Complete Request E Production: Defendant shall produce to plaintiff by 7/6/2016 any action memoranda demonstrating the decision of the State Department to settle its action against BAE and any documents which would demonstrate the Secretary's involvement, or lack thereof, in that decision-making process. Motion Hearing continued for 7/6/2016 at 12:00 PM in Courtroom 18 before Judge Richard J. Leon. (Court Reporter William Zaremba.) (tb) (Entered: 06/30/2016)
2016-07-0555TRANSCRIPT OF MOTION HEARING PROCEEDINGS before Judge Richard J. Leon held on June 28, 2016; Page Numbers: 1-41. Date of Issuance: July 5, 2016. Court Reporter/Transcriber: William Zaremba; Telephone number: (202) 354-3249. Transcripts may be ordered by submitting the Transcript Order Form For the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the cour t reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, PDF or ASCII) may be purchased from the court reporter. NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 7/26/2016. Redacted Transcript Deadline set for 8/5/2016. Release of Transcript Restriction set for 10/3/2016.(wz) (Entered: 07/05/2016)
2016-07-06Minute Entry: Status Conference held on 7/6/2016 before Judge Richard J. Leon: Status Conference set for 8/25/2016 at 02:00 PM in Courtroom 18 before Judge Richard J. Leon. Order forthcoming. (Court Reporter Bryan Wayne) (tb) (Entered: 07/07/2016)
2016-07-0756STATUS REPORT (Fifth) Regarding Request A Production by UNITED STATES DEPARTMENT OF STATE. (Federighi, Carol) (Entered: 07/07/2016)
2016-07-0857TRANSCRIPT OF 7/6/16 STATUS HEARING, before Judge Richard J. Leon, held on July 6, 2016. Page Numbers: 1-23. Date of Issuance: 7/8/16. Court Reporter: Bryan A. Wayne. Transcripts may be ordered by submitting the Transcript Order Form For the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter. NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 7/29/2016. Redacted Transcript Deadline set for 8/8/2016. Release of Transcript Restriction set for 10/6/2016.(Wayne, Bryan) (Entered: 07/08/2016)
2016-07-1158ORDER: It is hereby ordered that the deadline set forth in the 45 Scheduling Order for the production of all non-exempt portions of the documents responsive to Request E identified to date, be extended until 08/19/16; and it is further ordered that the defendant submit a Vaughn Index and declaration for any withheld material by 8/19/2016. Signed by Judge Richard J. Leon on 07/11/16. (tb) (Entered: 07/12/2016)
2016-07-2259STATUS REPORT Regarding Ninth Request E Production by UNITED STATES DEPARTMENT OF STATE. (Federighi, Carol) (Entered: 07/22/2016)
2016-08-0560STATUS REPORT Regarding Tenth Request E Production by UNITED STATES DEPARTMENT OF STATE. (Federighi, Carol) (Entered: 08/05/2016)
2016-08-0561NOTICE OF WITHDRAWAL OF APPEARANCE as to UNITED STATES DEPARTMENT OF STATE. Attorney Lisa Ann Olson terminated. (Olson, Lisa) (Entered: 08/05/2016)
2016-08-0862STATUS REPORT , Sixth, Regarding Request A Production by UNITED STATES DEPARTMENT OF STATE. (Federighi, Carol) (Entered: 08/08/2016)
2016-08-1163MOTION to Intervene by BAE SYSTEMS PLC (Attachments: # 1 Memorandum in Support Joint Memorandum In Support of BAE Systems plc's and BAE Systems, Inc.'s Separate and Unopposed Motions to Intervene, # 2 Affidavit Declaration of S Turner In Support of Memorandum In Support, # 3 Text of Proposed Order)(Turner, Stuart) (Additional attachment(s) added on 8/12/2016: # 4 Proposed Answer) (znmw). (Entered: 08/11/2016)
2016-08-1164ENTERED IN ERROR..... ANSWER to Complaint by BAE SYSTEMS PLC.(Turner, Stuart) Modified on 8/12/2016 (znmw). (Entered: 08/11/2016)
2016-08-1165Corporate Disclosure Statement by BAE SYSTEMS PLC. (Turner, Stuart) (Entered: 08/11/2016)
2016-08-1166Unopposed MOTION to Intervene by BAE SYSTEMS, INC. (Attachments: # 1 Text of Proposed Order, # 2 Exhibit BAE, Inc.'s Answer to Complaint)(Lynch, Mark) (Entered: 08/11/2016)
2016-08-1167LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by BAE SYSTEMS, INC. (Lynch, Mark) (Entered: 08/11/2016)
2016-08-12NOTICE OF CORRECTED DOCKET ENTRY: Docket Entry 64 Answer to Complaint was entered in error as premature and has been attached to Docket Entry 63 MOTION to Intervene as an exhibit until the motion is ruled on. (znmw) (Entered: 08/12/2016)
2016-08-1268STATUS REPORT Regarding Eleventh Request E Production by UNITED STATES DEPARTMENT OF STATE. (Federighi, Carol) (Entered: 08/12/2016)
2016-08-1969STATUS REPORT Regarding Twelfth Request E Production by UNITED STATES DEPARTMENT OF STATE. (Federighi, Carol) (Entered: 08/19/2016)
2016-08-23MINUTE ORDER: Upon consideration of 63 BAE Systems plc's Unopposed Motion to Intervene, it is hereby ORDERED that the Motion is GRANTED. Signed by Judge Richard J. Leon on 8/23/2016. (lcrjl2, ) (Entered: 08/23/2016)
2016-08-23MINUTE ORDER: Upon consideration of 66 BAE Systems, Inc.'s Unopposed Motion to Intervene, it is hereby ORDERED that the Motion is GRANTED. Signed by Judge Richard J. Leon on 8/23/2016. (lcrjl2, ) (Entered: 08/23/2016)
2016-08-2370ANSWER to Complaint by BAE SYSTEMS PLC.(znmw) (Entered: 08/24/2016)
2016-08-2371ANSWER to Complaint by BAE SYSTEMS, INC..(znmw) (Entered: 08/24/2016)
2016-08-2472MOTION for Leave to Appear Pro Hac Vice :Attorney Name- John P. Barker, :Firm- Arnold & Porter, LLP, :Address- 601 Massachusetts Ave, NW. Phone No. - 202-942-5000. Fax No. - 202-942-5999 Filing fee $ 100, receipt number 0090-4650326. Fee Status: Fee Paid. by BAE SYSTEMS PLC (Attachments: # 1 Cover letter)(Turner, Stuart) (Entered: 08/24/2016)
2016-08-2473MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Amanda Johnson, :Firm- Arnold & Porter, LLP, :Address- 601 Massachusetts Ave., NW. Phone No. - 202-942-5000. Fax No. - 202-942-5999 Filing fee $ 100, receipt number 0090-4650355. Fee Status: Fee Paid. by BAE SYSTEMS PLC (Attachments: # 1 Cover letter)(Turner, Stuart) (Entered: 08/24/2016)
2016-08-25Minute Entry for proceedings held before Judge Richard J. Leon: Status Conference held on 8/25/2016. Parties to submit proposed briefing schedule by 8/29/2016. Oral argument to be set by the court after review and approval of the briefing schedule. (Court Reporter: William Zaremba.) (tj) (Entered: 08/25/2016)
2016-08-2674MOTION for Leave to Appear Pro Hac Vice :Attorney Name- John Barker, :Firm- Arnold & Porter, LLP, :Address- 601 Massachusetts Ave., NW, Washington, DC 20001. Phone No. - 202-942-5000. Fax No. - 202-942-5999 Filing fee $ 100, receipt number 0090-4652684. Fee Status: Fee Paid. by BAE SYSTEMS PLC (Attachments: # 1 Certification)(Turner, Stuart) (Entered: 08/26/2016)
2016-08-2675MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Amanda Johnson, :Firm- Arnold & Porter, LLP, :Address- 601 Massachusetts Ave., NW, Washington, DC 20001. Phone No. - 202-942-5000. Fax No. - 202-942-5999 Filing fee $ 100, receipt number 0090-4652710. Fee Status: Fee Paid. by BAE SYSTEMS PLC (Attachments: # 1 Certification)(Turner, Stuart) (Entered: 08/26/2016)
2016-08-2676NOTICE of Appearance by Mark Henry Lynch on behalf of BAE SYSTEMS, INC. (Lynch, Mark) (Entered: 08/26/2016)
2016-08-2677STATUS REPORT Regarding Final Request E Production by UNITED STATES DEPARTMENT OF STATE. (Federighi, Carol) (Entered: 08/26/2016)
2016-08-2978NOTICE of Appearance by Stuart Wheatley Turner on behalf of BAE SYSTEMS PLC (Turner, Stuart) (Entered: 08/29/2016)
2016-08-2979Joint STATUS REPORT Regarding Proposed Briefing Schedule by UNITED STATES DEPARTMENT OF STATE. (Federighi, Carol) (Entered: 08/29/2016)
2016-08-31MINUTE ORDER. Upon consideration of Defendant-Intervenor's Motion for Admission Pro Hac Vice 74 , it is hereby ORDERED that the Motion is GRANTED and that John P. Barker be, and hereby is, admitted pro hac vice in this case. Signed by Judge Richard J. Leon on 08/31/16. (lcrjl1, ) (Entered: 08/31/2016)
2016-08-31MINUTE ORDER. Upon consideration of Defendant-Intervenor's Motion for Admission Pro Hac Vice 75 , it is hereby ORDERED that the Motion is GRANTED and that Amanda Johnson be, and hereby is, admitted pro hac vice in this case. Signed by Judge Richard J. Leon on 08/31/16. (lcrjl1, ) (Entered: 08/31/2016)
2016-08-31MINUTE ORDER: Upon consideration of the parties Joint Proposed Briefing Schedule 79 , it is hereby ORDERED that the proposed schedule is adopted, and the parties shall therefore adhere to the following schedule: (1) on or before 08/31/16, plaintiff, defendant, and defendant-intervenors will agree upon a list of no more than 75 documents to constitute a sample for briefing; (2) on or before 09/07/16, the defendant and defendant-intervenors will file their motions for partial summary judgment; (3) on or before 09/13/16, plaintiff will file its combined opposition and cross-motion for summary judgment; (4) on or before 09/16/16, the defendant and defendant-intervenors will each file their combined oppositions to the plaintiffs cross-motion for summary judgment and replies in support of their own motions for summary judgment; and (5) on or before 09/19/16, plaintiff will file its reply in support of its own cross-motion for summary judgment. Signed by Judge Richard J. Leon on 08/31/16. (lcrjl1, ) (Entered: 08/31/2016)
2016-09-0180Joint MOTION for Order Modifying Production Schedules for Requests A and B by ASSOCIATED PRESS (Attachments: # 1 Text of Proposed Order)(Kelley, Matthew) (Entered: 09/01/2016)
2016-09-02Set/Reset Deadlines: Cross Motions due by 9/13/2016. Response to Cross Motions due by 9/16/2016. Reply to Cross Motions due by 9/19/2016. Summary Judgment motions due by 9/7/2016. Response to Motion for Summary Judgment due by 9/13/2016. Reply to Motion for Summary Judgment due by 9/16/2016. (tb) (Entered: 09/02/2016)
2016-09-0281TRANSCRIPT OF STATUS HEARING PROCEEDINGS before Judge Richard J. Leon held on August 25, 2016; Page Numbers: 1-33. Date of Issuance: September 2, 2016. Court Reporter/Transcriber: William Zaremba; Telephone number: (202) 354-3249. Transcripts may be ordered by submitting the Transcript Order Form For the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from t he court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, PDF or ASCII) may be purchased from the court reporter. NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 9/23/2016. Redacted Transcript Deadline set for 10/3/2016. Release of Transcript Restriction set for 12/1/2016.(wz) (Entered: 09/02/2016)
2016-09-0682NOTICE of Appearance by Jaclyn Elysse Martinez Resly on behalf of BAE SYSTEMS, INC. (Martinez Resly, Jaclyn) (Entered: 09/06/2016)
2016-09-0783NOTICE of Appearance by Dana Koffman on behalf of BAE SYSTEMS PLC (Koffman, Dana) (Entered: 09/07/2016)
2016-09-0784STATUS REPORT (Seventh) Regarding Request A Production by UNITED STATES DEPARTMENT OF STATE. (Federighi, Carol) (Entered: 09/07/2016)
2016-09-0785Joint MOTION for Partial Summary Judgment by BAE SYSTEMS INC and by BAE SYSTEMS PLC (Attachments: # 1 Exhibit Talbot Declaration, # 2 Exhibit Brooks Declaration, # 3 Text of Proposed Order)(Turner, Stuart) (Entered: 09/07/2016)
2016-09-0786MOTION for Partial Summary Judgment by UNITED STATES DEPARTMENT OF STATE (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Declaration of Ambassador Larry Palmer and Vaughn Index, # 4 Declaration of Lisa Aguirre, # 5 Text of Proposed Order)(Federighi, Carol) (Entered: 09/07/2016)
2016-09-0887STIPULATION Between All Parties by BAE SYSTEMS PLC. (Koffman, Dana) (Entered: 09/08/2016)
2016-09-0888NOTICE of Appearance by Nicholas P. Cartier on behalf of UNITED STATES DEPARTMENT OF STATE (Cartier, Nicholas) (Entered: 09/08/2016)
2016-09-0889STATUS REPORT by UNITED STATES DEPARTMENT OF STATE. (Cartier, Nicholas) (Entered: 09/08/2016)
2016-09-0990ORDER : Upon consideration of the parties' 80 Joint Motion for Entry of Stipulated Order Modifying Production Schedules for Requests A and B; it is hereby ordered that State shall complete production of the final schedules and mini schedules subject to the Court's Order of January 29 no later than October 17, 2016. It is further ordered that State may suspend processing and production of records responsive to Request B and resume on October 18, 2016. SEE ORDER FOR FULL DETAILS. Signed by Judge Richard J. Leon on 09/07/16. (ztb) (Entered: 09/09/2016)
2016-09-1391Cross MOTION for Partial Summary Judgment and in Opposition to Defendant's and Defendant-Intervenors' Motions for Partial Summary Judgment by ASSOCIATED PRESS (Attachments: # 1 Declaration Declaration of Matthew E. Kelley, # 2 Text of Proposed Order Proposed order re summary judgment, # 3 Text of Proposed Order Proposed order re in camera review)(Brown, Jay) (Entered: 09/13/2016)
2016-09-1392Memorandum in opposition to re 85 Joint MOTION for Partial Summary Judgment by BAE SYSTEMS INC and , 86 MOTION for Partial Summary Judgment filed by ASSOCIATED PRESS. (Attachments: # 1 Declaration Declaration of Matthew E. Kelley, # 2 Text of Proposed Order Proposed order re summary judgment, # 3 Text of Proposed Order Proposed order re in camera review)(Brown, Jay) (Entered: 09/13/2016)
2016-09-1693NOTICE of Appearance by Maxwell S Mishkin on behalf of ASSOCIATED PRESS (Kelley, Matthew) Modified on 9/19/2016 (znmw). (Entered: 09/16/2016)
2016-09-1694Memorandum in opposition to re 91 Cross MOTION for Partial Summary Judgment and in Opposition to Defendant's and Defendant-Intervenors' Motions for Partial Summary Judgment filed by UNITED STATES DEPARTMENT OF STATE. (Attachments: # 1 Response to Statement of Facts, # 2 Declaration of Ambassador Larry L. Palmer, # 3 Text of Proposed Order)(Federighi, Carol) (Entered: 09/16/2016)
2016-09-1695REPLY to opposition to motion re 86 MOTION for Partial Summary Judgment filed by UNITED STATES DEPARTMENT OF STATE. (Attachments: # 1 Declaration of Ambassador Larry L. Palmer)(Federighi, Carol) (Entered: 09/16/2016)
2016-09-1696Memorandum in opposition to motion re 91 Cross MOTION for Partial Summary Judgment and in Opposition to Defendant's and Defendant-Intervenors' Motions for Partial Summary Judgment (Joint Reply of BAES plc and BAES, Inc.) filed by BAE SYSTEMS PLC. (Attachments: # 1 Text of Proposed Order, # 2 Statement of Facts, # 3 Affidavit)(Turner, Stuart) Modified event title on 9/19/2016 (znmw). (Entered: 09/16/2016)
2016-09-1697REPLY to opposition to motion re 85 Joint MOTION for Partial Summary Judgment by BAE SYSTEMS INC and BAE Systems plc filed by BAE SYSTEMS PLC. (Attachments: # 1 Text of Proposed Order, # 2 Statement of Facts, # 3 Declaration)(Turner, Stuart) (Entered: 09/16/2016)
2016-09-1998REPLY to opposition to motion re 91 Cross MOTION for Partial Summary Judgment and in Opposition to Defendant's and Defendant-Intervenors' Motions for Partial Summary Judgment filed by ASSOCIATED PRESS. (Attachments: # 1 Text of Proposed Order Revised Proposed Order re In Camera Review)(Brown, Jay) (Entered: 09/19/2016)
2016-09-2399STATUS REPORT Regarding Second Supplemental Request E Production by UNITED STATES DEPARTMENT OF STATE. (Federighi, Carol) (Entered: 09/23/2016)
2016-10-06100STATUS REPORT (Eighth) Regarding Request A Production by UNITED STATES DEPARTMENT OF STATE. (Federighi, Carol) (Entered: 10/06/2016)
2016-10-12MINUTE ORDER: Upon consideration of the parties' cross-motions for partial summary judgment, and pursuant to 5 U.S.C. § 552(a)(4)(B), the United States Department of State is hereby ORDERED to deliver to the Court, on or before noon on Friday, October 14, 2016, unredacted copies of the 38 sample records that are the subject of the parties' cross-motions for partial summary judgment, for in camera examination to assist the Court in determining whether such records or any parts thereof are properly exempt from disclosure under FOIA. The Defendant shall produce (1) one hard copy set of the 38 sample records and (2) one USB flash drive or other device containing copies of the unredacted sample records. SO ORDERED. Signed by Judge Richard J. Leon on 10/12/16. (lcrjl1) (Entered: 10/12/2016)
2016-10-14101NOTICE of Submission of Documents for In Camera Inspection by UNITED STATES DEPARTMENT OF STATE (Federighi, Carol) (Entered: 10/14/2016)
2016-10-14Set/Reset Deadlines: Defendant ORDERED to submit unredacted copies of the 38 sample records that are subject of the parties' cross-motions for partial summary judgment, for in camera examination. Defendant shall further produce one hard copy set and one USB flash drive or other device containing copies of the unredated sample records due by 10/14/2016 at noon. (zlsj) (Entered: 10/14/2016)
2016-10-24102STATUS REPORT (Ninth) Regarding Request A Production by UNITED STATES DEPARTMENT OF STATE. (Federighi, Carol) (Entered: 10/24/2016)
2016-10-24103STATUS REPORT Regarding Third Supplemental Request E Production by UNITED STATES DEPARTMENT OF STATE. (Federighi, Carol) (Entered: 10/24/2016)
2016-11-01104MEMORANDUM OPINION. Signed by Judge Richard J. Leon on 11/01/16. (tb) (Main Document 104 replaced on 11/1/2016) (tb). (Entered: 11/01/2016)
2016-11-01105ORDER: For the reasons set forth in the Memorandum Opinion accompanying this Order, it is hereby ordered that the defendant-intervenors' 85 Joint Motion for Partial Summary Judgment is GRANTED and the defendant's 86 Motion for Partial Summary Judgment is GRANTED; and it is further ordered that the plaintiff's 91 Cross Motion for Partial Summary Judgment is DENIED. Signed by Judge Richard J. Leon on 11/01/16. (tb) (Entered: 11/01/2016)
2017-03-13106STIPULATION of Dismissal by ASSOCIATED PRESS. (Brown, Jay) (Entered: 03/13/2017)
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