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Case TitleCITIZENS UNITED v. UNITED STATES DEPARTMENT OF STATE
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2015cv00374
Date Filed2015-03-16
Date Closed2015-11-25
JudgeJudge Emmet G. Sullivan
PlaintiffCITIZENS UNITED
Case DescriptionCitizens United submitted four FOIA requests to the Department of State for correspondence between former State Department employees Huma Abedin, Cheryl Mills, and Kris Balderson and various third parties, particularly the Clinton Foundation. Citizens United asked for inclusion in the media fee category and for expedited processing. The agency denied its requests for expedited processing, but after seven months without a response to any of the requests, Citizens United filed suit.
Complaint issues: Failure to respond within statutory time limit

DefendantUNITED STATES DEPARTMENT OF STATE
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
Complaint attachment 11
Complaint attachment 12
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2015-03-161COMPLAINT against UNITED STATES DEPARTMENT OF STATE ( Filing fee $ 400 receipt number 0090-4023255) filed by CITIZENS UNITED. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Summons Attorney General, # 10 Summons State Department, # 11 Summons US Attorney, # 12 Civil Cover Sheet)(Berg, Ralph) (Entered: 03/16/2015)
2015-03-162Corporate Disclosure Statement by CITIZENS UNITED. (Berg, Ralph) (Entered: 03/16/2015)
2015-03-16Case Assigned to Judge Emmet G. Sullivan. (md, ) (Entered: 03/16/2015)
2015-03-173SUMMONS (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: 03/17/2015)
2015-04-204ANSWER to Complaint by UNITED STATES DEPARTMENT OF STATE.(Anderson, Caroline) (Entered: 04/20/2015)
2015-04-20MINUTE ORDER directing the parties to file a joint status report, including recommendations for further proceedings and a proposed briefing schedule, by no later than May 4, 2015. In the event that counsel are unable to agree on a joint recommendation, each party shall file an individual recommendation by that time. Signed by Judge Emmet G. Sullivan on April 20, 2015. (lcegs2) (Entered: 04/20/2015)
2015-04-21Set/Reset Deadlines: Joint Status Report due by 5/4/2015. (mac) (Entered: 04/21/2015)
2015-05-045STATUS REPORT. (Attachments: # 1 Text of Proposed Order Plaintiff's Proposed Order, # 2 Text of Proposed Order Defendant's Proposed Order)(Berg, Ralph) Modified event title on 5/5/2015 (znmw, ). (Entered: 05/04/2015)
2015-05-04MINUTE ORDER. The Court, sua sponte, schedules a status hearing on May 12, 2015 at 2:30 p.m. in Courtroom 24A. Signed by Judge Emmet G. Sullivan on May 4, 2015. (lcegs2) (Entered: 05/04/2015)
2015-05-06Set/Reset Hearings: Status Conference set for 5/12/2015 at 2:30 PM in Courtroom 24A before Judge Emmet G. Sullivan. (mac) (Entered: 05/06/2015)
2015-05-12MINUTE ORDER. In accordance with the discussion held on the record during the May 12, 2015 status hearing, the parties are directed to comply with the following briefing schedule: Defendant shall file its motion for summary judgment by no later than September 21, 2015. Plaintiff shall file its motion for summary judgment, combined with its opposition to plaintiff's motion, by no later than October 20, 2015. Defendant shall file its reply in further support of its motion, combined with its opposition to plaintiff's motion, by no later than November 3, 2015. Plaintiff shall file its reply in further support of its motion by no later than November 17, 2015. During the May 12 status hearing, the Court initially suggested holding a motion hearing in November 2015. Due to the slightly extended schedule proposed by the government, a November hearing date will no longer be feasible. Accordingly, the Court will hold a hearing on the cross motions on December 16, 2015 at 2:00 p.m. in Courtroom 24A. Signed by Judge Emmet G. Sullivan on May 12, 2015. (lcegs2) (Entered: 05/12/2015)
2015-05-12Set/Reset Deadlines/Hearings: Defendant motion for summary judgment due by 9/21/15. Plaintiff Motion for Summary Judgment, combined with its opposition to plaintiff's motion due by 10/20/2015. Defendant reply in further support of its motion, combined with its opposition to plaintiff's motion due by 11/3/2015. Plaintiff Reply in further support of its motion due by 11/17/2015. Motion Hearing set for 12/16/2015 at 2:00 PM in Courtroom 24A before Judge Emmet G. Sullivan. (mac) (Entered: 05/13/2015)
2015-05-12Minute Entry for proceedings held before Judge Emmet G. Sullivan: Status Conference held on 5/12/2015. (Court Reporter JANICE DICKMAN.) (mac) (Entered: 05/13/2015)
2015-09-036NOTICE by UNITED STATES DEPARTMENT OF STATE (Attachments: # 1 Motion for Designation of a Coordinating Judge)(Anderson, Caroline) (Entered: 09/03/2015)
2015-09-037TRANSCRIPT OF PROCEEDINGS before Judge Emmet G. Sullivan held on May 12, 2015; Page Numbers: 1-8. Date of Issuance: September 3, 2015. Court Reporter/Transcriber Janice Dickman, Telephone number 202-354-3267, Court Reporter Email Address: JaniceDickmanDCD@gmail.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 9/24/2015. Redacted Transcript Deadline set for 10/4/2015. Release of Transcript Restriction set for 12/2/2015.(Dickman, Janice) (Entered: 09/03/2015)
2015-09-038MOTION to Stay Pending Resolution of its Motion for Designation of Coordinating Judge by UNITED STATES DEPARTMENT OF STATE (Attachments: # 1 Text of Proposed Order)(Anderson, Caroline) (Entered: 09/03/2015)
2015-09-049NOTICE by UNITED STATES DEPARTMENT OF STATE (Attachments: # 1 Order)(Anderson, Caroline) (Entered: 09/04/2015)
2015-09-1110NOTICE of Appearance by Theodore B. Olson on behalf of CITIZENS UNITED (Olson, Theodore) (Entered: 09/11/2015)
2015-09-1111NOTICE of Appearance by Matthew D. McGill on behalf of CITIZENS UNITED (McGill, Matthew) (Entered: 09/11/2015)
2015-09-1112Memorandum in opposition to re 8 MOTION to Stay Pending Resolution of its Motion for Designation of Coordinating Judge filed by CITIZENS UNITED. (Olson, Theodore) (Entered: 09/11/2015)
2015-09-11MINUTE ORDER denying 8 the Government's Motion to Stay Pending Resolution of its Motion for Designation of Coordinating Judge. "The power to stay proceedings is... inherent in every court to control the disposition of the causes on its docket with economy of time and effort for itself, for counsel, and for litigants." Fonville v. Dist. of Columbia, 766 F. Supp. 2d 171, 172-73 (D.D.C. 2011) (quoting Air Line Pilots Ass'n v. Miller, 523 U.S. 866, 879 n. 6 (1998)). In this case, the Government agreed at the May 12, 2015 status conference that production of all relevant documents could be completed by September 13, 2015. See Tr., Docket No. 7 at 5:5-13. The Government also indicated at the Status Conference that two of the four relevant searches were "complete," the third search was expected to be completed "in the next several days" and that the fourth search was "ongoing." Id. at 5:1-4. The Government has not expressed an inability to comply with this production schedule, a schedule it suggested and agreed to at the May 2015 status conference. In light of the imminent production deadline of September 13, 2015 and the Government's forthcoming motion for Summary Judgment, to be filed no later than September 20, 2015, judicial economy and the interests of justice will not be served by staying this matter at this time. Consistent with the Court's oral ruling and the parties' agreement, Plaintiff's response to the Government's Motion for Summary Judgment, combined with any cross Motion for Summary Judgment, shall be filed no later than October 20, 2015. Tr. at 7:2-5. Defendant's reply and, if applicable, combined opposition shall be filed no later than October 30, 2015. Plaintiff's reply, if applicable, shall be filed no later than November 13, 2015. Signed by Judge Emmet G. Sullivan on September 11, 2015. (lcegs4) (Entered: 09/11/2015)
2015-09-14Set/Reset Deadlines: Plaintiff Response to Government's Motion for Summary Judgment, Combined With Any Cross Motion For Summary Judgment due by 10/20/2015. Defendant's Reply, If Applicable, Combined Opposition due by 10/30/2015. Plaintiff's Reply,,If Applicable due by 11/13/2015. (mac) (Entered: 09/14/2015)
2015-09-1613MOTION for Extension of Time to File its Motion for Summary Judgment by UNITED STATES DEPARTMENT OF STATE (Attachments: # 1 Text of Proposed Order)(Anderson, Caroline) (Entered: 09/16/2015)
2015-09-1814Memorandum in opposition to re 13 MOTION for Extension of Time to File its Motion for Summary Judgment filed by CITIZENS UNITED. (Attachments: # 1 Exhibit A)(Olson, Theodore) (Entered: 09/18/2015)
2015-09-18MINUTE ORDER directing the Government to file a reply to Plaintiff's Memorandum in Opposition to Defendant's Motion for Enlargement of Time by no later than Monday, September 21, 2015 at 12:00 p.m. Defendant's reply shall include declarations as appropriate to address the arguments set forth in Plaintiff's Memorandum in Opposition. A hearing on Defendant's Motion for Enlargement of Time shall be held on Tuesday, September 22, 2015 at 11:00 a.m. in Courtroom 24A. Signed by Judge Emmet G. Sullivan on September 18, 2015. (lcegs4) (Entered: 09/18/2015)
2015-09-21Set/Reset Hearings: Motion Hearing set for 9/22/2015 at 11:00 AM in Courtroom 24A before Judge Emmet G. Sullivan. (mac) (Entered: 09/21/2015)
2015-09-2115REPLY to opposition to motion re 13 MOTION for Extension of Time to File its Motion for Summary Judgment filed by UNITED STATES DEPARTMENT OF STATE. (Attachments: # 1 Declaration Declaration of John Hackett)(Anderson, Caroline) (Entered: 09/21/2015)
2015-09-2116MOTION for Summary Judgment Partial by UNITED STATES DEPARTMENT OF STATE (Attachments: # 1 Exhibit A (Second Declaration of John Hackett and Vaughn Index), # 2 Exhibit B, # 3 Statement of Facts Statement of Material Undisputed Facts, # 4 Text of Proposed Order)(Anderson, Caroline) (Entered: 09/21/2015)
2015-09-22Minute Entry for proceedings held before Judge Emmet G. Sullivan: Motion Hearing held on 9/22/2015 re 13 MOTION for Extension of Time to File its Motion for Summary Judgment filed by UNITED STATES DEPARTMENT OF STATE. The Court Orders The Government To Upload Remaining Documents For Cheryl Mills and Huma Abedin And Complete Word Search by 10/02/15. Government Status Report due by 12:00 PM on 10/5/2015. The Court To Stay Briefly in re 16 MOTION for Summary Judgment Partial by UNITED STATES DEPARTMENT OF STATE. Status Conference set for 10/6/2015 at 11:00 AM in Courtroom 24A before Judge Emmet G. Sullivan. (Court Reporter SCOTT WALLACE.) (mac) Modified on 9/22/2015 (zmac). (Entered: 09/22/2015)
2015-09-22MINUTE ORDER. The State Department has represented that all documents received from Ms. Abedin are now uploaded and searchable, and that all documents received from Ms. Mills will be uploaded and searchable by Friday, September 25, 2015. See Status Report, Docket No. 15 at 6; see also Status Report, Case No. 15-123, Docket No. 34. Based on these representations, the Court directs the Government to complete the uploading of Ms. Mills' documents into a searchable format by no later than Friday, September 25, 2015. In order to set a reasonable, non-arbitrary schedule for production of documents relevant to this case, the Government is hereby ordered to complete the relevant searches of Ms. Abedin's and Ms. Mills' documents by no later than Friday, October 2, 2015. The State Department shall a submit a status report by no later than 12:00 p.m. on Monday, October 5, 2015, detailing the number of documents identified and an estimate of how long it will take to review those documents prior to production. A status hearing shall be held at 11:00 a.m. on Tuesday, October 6, 2015 in Courtroom 24A. Signed by Judge Emmet G. Sullivan on September 22, 2015. (lcegs4) (Entered: 09/22/2015)
2015-09-22Set/Reset Hearings: Status Conference set for 10/6/2015 at 11:00 AM in Courtroom 24A before Judge Emmet G. Sullivan. (mac) (Entered: 09/22/2015)
2015-09-2317TRANSCRIPT OF PROCEEDINGS before Judge Emmet G. Sullivan held on 9-22-15; Page Numbers: (1-53). Date of Issuance:9-23-15. Court Reporter/Transcriber Scott Wallace, Telephone number 202-277-3739, Court Reporter Email Address : scottlyn01@aol.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 10/14/2015. Redacted Transcript Deadline set for 10/24/2015. Release of Transcript Restriction set for 12/22/2015.(Wallace, Scott) (Entered: 09/23/2015)
2015-10-0518STATUS REPORT by UNITED STATES DEPARTMENT OF STATE. (Anderson, Caroline) (Entered: 10/05/2015)
2015-10-06Minute Entry for proceedings held before Judge Emmet G. Sullivan: Status Conference held on 10/6/2015. Hearing on pending motions set for 2/9/2016 at 10:00 AM in Courtroom 24A before Judge Emmet G. Sullivan. (Court Reporter SCOTT WALLACE.) (mac) (Entered: 10/06/2015)
2015-10-06MINUTE ORDER. The parties shall comply with the following schedule: (1) Defendant will complete production of all documents no later than October 20, 2015. The first rolling production shall be complete no later than October 9, 2015 and the second no later than October 16, 2015. All documents shall be sent to Plaintiff electronically; (2) Defendant shall produce a Vaughn index no later than October 28, 2015; (3) Defendant shall file its motion for summary judgment no later than November 4, 2015; (4) Plaintiff's opposition and cross motion shall be filed no later than November 24, 2015; (5) Defendant's opposition and reply shall be filed no later than December 17, 2015; and (6) Plaintiff's reply shall be filed no later than January 11, 2016. A hearing on the parties' motions shall be held on February 9, 2015 at 10:00 a.m in Courtroom 24A. Signed by Judge Emmet G. Sullivan on October 6, 2015. (lcegs4) (Entered: 10/06/2015)
2015-10-06Set/Reset Deadlines: Defendant Vaughn Index due by 10/28/2015. Defendant Motion For Summary Judgment due by 11/4/2015. Plaintiff Opposition and Cross Motion due by 11/24/2015. Defendant Opposition and Reply due by 12/17/2015. Plaintiff Reply due by 1/11/2016. (mac) (Entered: 10/06/2015)
2015-10-09MINUTE ORDER. Upon filing of their summary judgment briefs, the parties are directed to deliver to the chambers of the Honorable Emmet G. Sullivan two copies of their pleadings, exhibits, and principal points and authorities. All material should be submitted in three-ring binders and all principal points and authorities should also be submitted in an electronically searchable format on a thumb drive. Signed by Judge Emmet G. Sullivan on October 9, 2015 (lcegs4) (Entered: 10/09/2015)
2015-10-1519TRANSCRIPT OF PROCEEDINGS before Judge Emmet G. Sullivan held on 10-6-15; Page Numbers: (1-20). Date of Issuance:10-15-15. Court Reporter/Transcriber Scott Wallace, Telephone number 202-354-3196, Transcripts may be ordered by submitting the <a href=http://www.dcd.uscourts.gov/dcd/node/2189>Transcript Order Form.</a><P></P><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 11/5/2015. Redacted Transcript Deadline set for 11/15/2015. Release of Transcript Restriction set for 1/13/2016.(Wallace, Scott) (Entered: 10/15/2015)
2015-10-1520NOTICE of Filing by UNITED STATES DEPARTMENT OF STATE (Attachments: # 1 Exhibit A)(Anderson, Caroline) (Entered: 10/15/2015)
2015-11-0421Supplemental MOTION for Summary Judgment by UNITED STATES DEPARTMENT OF STATE (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Third Hackett Declaration and Vaughn Index, # 3 Statement of Facts Supplemental Statement of Material Undisputed Facts, # 4 Text of Proposed Order Proposed Order)(Anderson, Caroline) (Entered: 11/04/2015)
2015-11-2422STIPULATION of Dismissal by CITIZENS UNITED. (Olson, Theodore) (Entered: 11/24/2015)
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