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Case TitleSAE PRODUCTIONS, INC. v. DEPARTMENT OF STATE
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2015cv01245
Date Filed2015-08-03
Date ClosedOpen
JudgeJudge Tanya S. Chutkan
PlaintiffSAE PRODUCTIONS, INC.
Case DescriptionSAE Productions submitted a FOIA request to the Department of State for a copy of Presidential Study Directive 11, issued by President Obama in 2010 for the purpose of assessing the Muslim Brotherhood and other political Islamist movements. SAE Productions also asked to be included in the news media fee category. The agency acknowledged receipt of the request and granted SAE Productions' request to be included in the news media fee category. However, after hearing further from the agency, SAE Productions filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantDEPARTMENT OF STATE
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2015-08-031COMPLAINT against DEPARTMENT OF STATE ( Filing fee $ 400 receipt number 0090-4196707), CIVIL COVER SHEET by SAE PRODUCTIONS, INC., REQUEST FOR SUMMONS TO ISSUE by SAE PRODUCTIONS, INC. filed by SAE PRODUCTIONS, INC.. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Supplement Certificate Rule LCvR 7.1)(Moss, Bradley) (Entered: 08/03/2015)
2015-08-032LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by SAE PRODUCTIONS, INC. (md) (Entered: 08/03/2015)
2015-08-03Case Assigned to Judge Tanya S. Chutkan. (md) (Entered: 08/03/2015)
2015-08-033SUMMONS (3) Issued Electronically as to DEPARTMENT OF STATE, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice of Consent) (md) (Entered: 08/03/2015)
2015-09-024RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 8/11/2015. Answer due for ALL FEDERAL DEFENDANTS by 9/10/2015. (Moss, Bradley) (Entered: 09/02/2015)
2015-09-11MINUTE ORDER TO SHOW CAUSE: Plaintiff initiated this action against the State Department on 08/03/2015. It appears from the record that on 8/11/2015, Plaintiff attempted service on the State Department, however, no answer or other response to the complaint has been filed. Therefore, it is hereby ORDERED that Plaintiff SHOW CAUSE, in writing, on or before 9/17/15, why the claims against the State Department should not be dismissed for failure to prosecute. See Local Civil Rule 83.23. Plaintiff's response: (1) shall include all details regarding how service was effectuated on the State Department; and (2) shall explain how service on the State Department complied with a specific provision or provisions of the Federal Rules of Civil Procedure. See, e.g., Fed. R. Civ. P. Rule 4(i). Plaintiff's failure to satisfactorily respond to the present order by 9/17/15 may result in the dismissal of this action, without further notice, for failure to prosecute. See Local Civil Rule 83.23. Show Cause Response due by 9/17/2015. Signed by Judge Tanya S. Chutkan on 9/11/15. (DJS) (Entered: 09/11/2015)
2015-09-115ENTERED IN ERROR. . . . .NOTICE of Appearance by Mark S. Zaid on behalf of SAE PRODUCTIONS, INC. (Zaid, Mark) Modified on 9/14/2015 (td). (Entered: 09/11/2015)
2015-09-14NOTICE OF ERROR re 5 Notice of Appearance; emailed to Mark@MarkZaid.com, cc'd 2 associated attorneys -- The PDF file you docketed contained errors: 1. Incorrect header/caption/case number, 2. Please refile document, 3. The case caption is not correct, please refile. (td, ) (Entered: 09/14/2015)
2015-09-146NOTICE of Appearance by Mark S. Zaid on behalf of SAE PRODUCTIONS, INC. (Zaid, Mark) (Entered: 09/14/2015)
2015-09-147RESPONSE TO ORDER TO SHOW CAUSE by SAE PRODUCTIONS, INC. . (Attachments: # 1 Exhibit 1 - Service Upon State, # 2 Exhibit 2 - Attempted Service Upon USAG)(Moss, Bradley) (Entered: 09/14/2015)
2015-09-258NOTICE of Appearance by Zachary John Corey on behalf of DEPARTMENT OF STATE (Corey, Zachary) (Entered: 09/25/2015)
2015-09-259Consent MOTION for Extension of Time to File Answer Nunc Pro Tunc by DEPARTMENT OF STATE (Attachments: # 1 Text of Proposed Order)(Corey, Zachary) (Entered: 09/25/2015)
2015-09-26MINUTE ORDER: Granting 9 Consent Motion for Extension of Time to Answer. Defendant shall answer or otherwise respond to the complaint by October 2, 2015. Signed by Judge Tanya S. Chutkan on 9/26/15. (DJS) (Entered: 09/26/2015)
2015-10-0210ANSWER to Complaint by DEPARTMENT OF STATE. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Corey, Zachary) (Entered: 10/02/2015)
2015-10-06MINUTE ORDER: Before the Court in this FOIA case are a complaint and an answer. The requirements of LCvR 16.3 and Rule 26(f) of the Federal Rules of Civil procedure appear to be inapplicable. IT IS HEREBY ORDERED that the parties shall meet and confer and propose a schedule for proceeding in this matter. The schedule shall address the status of Plaintiff's FOIA request, the anticipated number of documents responsive to Plaintiff's FOIA request, the anticipated date(s) for release of the documents requested by Plaintiff, whether a motion for an Open America stay is likely in this case, whether a Vaughn index will be required in this case, whether and when either party anticipates filing a dispositive motion, and any other pertinent issues. The parties shall file a joint status report that addresses these issues and that contains a proposed schedule and order not later than 10/19/15. Signed by Judge Tanya S. Chutkan on 10/6/15. (DJS) (Entered: 10/06/2015)
2015-10-06Set/Reset Deadlines: Status Report due by 10/19/2015. (zsm) (Entered: 10/06/2015)
2015-10-1911Joint STATUS REPORT by SAE PRODUCTIONS, INC.. (Moss, Bradley) (Entered: 10/19/2015)
2015-10-22MINUTE ORDE: Having considered the Joint Status Report 11 filed by the parties, it is hereby ordered that the parties shall file a Jointly proposed schedule and PROPOSED ORDER not later than November 28, 2015. Signed by Judge Tanya S. Chutkan on 11/23/15. (DJS) (Entered: 10/22/2015)
2015-10-22Set/Reset Deadlines: Proposed Briefing Schedule due by 11/28/2015 (zsm) (Entered: 10/22/2015)
2015-11-1612NOTICE OF SUBSTITUTION OF COUNSEL by Joseph Evan Borson on behalf of DEPARTMENT OF STATE Substituting for attorney Zachary J. Corey (Borson, Joseph) (Entered: 11/16/2015)
2015-11-3013Joint STATUS REPORT by DEPARTMENT OF STATE. (Attachments: # 1 Joint Proposed Order)(Borson, Joseph) (Entered: 11/30/2015)
2015-11-3014MINUTE ORDER: Having considered the Status Report 13 filed by the parties, it is hereby ordered that: (1) Plaintiff will withdraw its request for PSD-11; (2) on or before December 4, 2015, Defendant will produce documents it has identified as responsive to the second part of Plaintiff's FOIA request; (3) on or before December 18, 2015, Defendant will provide to Plaintiff additional details on the size and scope of the materials produced in the Canning v. Department of State, 13-cv-0831 (D.D.C.) that it believes are responsive to the third part of Plaintiff's FOIA request; and (4) if, on or before December 30, 2015, Plaintiff and Defendant agree that the materials produced by Defendant in response to the second part of Plaintiff's request satisfy that part of the request, and that the materials in Canning will satisfy the third part of Plaintiff's request, parties will, on or before that date, jointly propose to the Court a production schedule to allow for the production and release of the Canning materials, but if on or before December 30, 2015, the parties cannot agree on both conditions described above, parties will, on or before that date, propose to the Court a joint briefing schedule. A proposed order shall accompany the parties' proposed schedule. Signed by Judge Tanya S. Chutkan on 11/30/15. (DJS) (Entered: 11/30/2015)
2015-12-02Set/Reset Deadlines: Proposed Briefing Schedule due by 12/30/2015 (zsm) (Entered: 12/02/2015)
2015-12-3015Joint STATUS REPORT by DEPARTMENT OF STATE. (Attachments: # 1 Text of Proposed Order)(Borson, Joseph) (Entered: 12/30/2015)
2016-01-05MINUTE ORDER: Having considered the Joint Status Report 15 filed by the parties, the following deadlines shall apply to this action: On or before January 20, 2016, Defendant will produce to Plaintiff all materials that have been produced in the Canning litigation as of December 30, 2015. All remaining Canning materials shall be produced to Plaintiff within 30 days of the date of their original production in the Canning litigation. Within 30 days of the final production of the materials from the Canning lawsuit to Plaintiff, the parties shall file a joint status report with the Court. If there are any issues still outstanding, that report shall include a jointly proposed briefing schedule and proposed order. Notwithstanding this schedule, if the parties have not already done so by April 15, 2016, they shall file a joint status report and proposed order. Signed by Judge Tanya S. Chutkan on 1/5/16. (DJS) (Entered: 01/05/2016)
2016-01-05Set/Reset Deadlines: Status Report due by 4/15/2016 (zsm) (Entered: 01/05/2016)
2016-04-1516Joint STATUS REPORT by DEPARTMENT OF STATE. (Attachments: # 1 Text of Proposed Order)(Borson, Joseph) (Entered: 04/15/2016)
2016-04-18MINUTE ORDER: Having reviewed the Joint Status Report 16 filed by the parties, it is ORDERED that: 1. State will produce all remaining Canning materials to Plaintiff within 7 days of the date of their original production in the Canning litigation. 2. The parties shall file a joint status report, along with a PROPOSED ORDER, at the earlier of: a) August 1, 2016; or b) Thirty days after the final production of the materials from the Canning lawsuit to Plaintiff. If, at the end of the production, there are any issues left outstanding, that report shall include a jointly proposed briefing schedule. Signed by Judge Tanya S. Chutkan on 4/18/16. (DJS) (Entered: 04/18/2016)
2016-04-18Set/Reset Deadlines: Status Report due by 8/1/2016 (zsm) (Entered: 04/18/2016)
2016-08-0117Joint STATUS REPORT by DEPARTMENT OF STATE. (Attachments: # 1 Text of Proposed Order)(Borson, Joseph) (Entered: 08/01/2016)
2016-08-02MINUTE ORDER: Having considered the Status Report filed by the parties 17 , it is hereby ordered that the parties shall file a Joint Status report, along with a proposed order for moving forward with this case, by August 23, 2016. Signed by Judge Tanya S. Chutkan on 8/2/16. (DJS) (Entered: 08/02/2016)
2016-08-2318Joint STATUS REPORT by DEPARTMENT OF STATE. (Attachments: # 1 Text of Proposed Order)(Borson, Joseph) (Entered: 08/23/2016)
2016-08-25MINUTE ORDER: Having considered the Status Report filed by the parties 18 , it is hereby ordered that: Defendant shall produce any additional materials produced in the Canning litigation to Plaintiff within 7 days of the date of their original production in the Canning litigation. The parties shall file a joint status report with the Court at the earlier of: 1) Thirty days after the final production of materials to Plaintiff. At this time, the parties shall submit a joint proposed summary judgment briefing schedule; or 2) December 1, 2016 and every 60 days thereafter. The parties' filing shall include a proposed order. Signed by Judge Tanya S. Chutkan on 8/25/16. (DJS) (Entered: 08/25/2016)
2016-08-25Set/Reset Deadlines: Status Report due by 12/1/2016 (zsm) (Entered: 08/25/2016)
2016-12-0119Joint STATUS REPORT by DEPARTMENT OF STATE. (Attachments: # 1 Text of Proposed Order)(Borson, Joseph) (Entered: 12/01/2016)
2016-12-0220ORDER: State shall produce any additional materials produced in the Canning litigation to Plaintiff within 7 days of the date of their original production in the Canning litigation. Joint Status - along with a proposed scheduling order - due at the earlier of: a) Thirty days after the final production of materials to Plaintiff, a proposed summary judgment briefing schedule shall be included: or b) January 30, 2017, and every 60 days thereafter. Signed by Judge Tanya S. Chutkan on 12/2/16. (DJS) (Entered: 12/02/2016)
2017-01-3021Joint STATUS REPORT by DEPARTMENT OF STATE. (Attachments: # 1 Text of Proposed Order)(Borson, Joseph) (Entered: 01/30/2017)
2017-02-01MINUTE ORDER: Having reviewed the Joint Status Report 21 filed by the parties, it is hereby ORDERED that Defendant shall continue to produce any additional materials produced in the Canning litigation to Plaintiff within 7 days of the date of their original production in Canning. Additionally, the parties shall file a joint status report with the Court at the earlier of: (a) March 31, 2017, and every 60 days thereafter; or (b) Thirty days after the final production of materials to Plaintiff, in which case the joint status report shall include a jointly proposed summary judgment briefing schedule that avoids submission of simultaneous dispositive cross-motions. Signed by Judge Tanya S. Chutkan on 2/1/17. (DJS) (Entered: 02/01/2017)
2017-02-02Set/Reset Deadlines: Joint Status Report due by 3/31/2017. (tb) (Entered: 02/02/2017)
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by FOIA Project Staff