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Case TitleBROWN v. DEPARTMENT OF STATE
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2015cv01459
Date Filed2015-09-07
Date ClosedOpen
JudgeJudge Colleen Kollar-Kotelly
PlaintiffDAVID W. BROWN
Case DescriptionDavid Brown submitted a FOIA request to the Department of State for records concerning the decision to allow former Secretary of State Hillary Clinton's private attorney, David Kendall, to have custody of a thumb drive containing a copy of her email records. Brown also requested expedited processing and a fee waiver. The agency acknowledged receipt of the request and granted Brown's request for expedited processing and a fee waiver. But after hearing nothing further from the agency, Brown filed suit.
Complaint issues: Litigation - Attorney's fees, Failure to respond within statutory time limit

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

2015-09-071COMPLAINT against DEPARTMENT OF STATE ( Filing fee $ 400 receipt number 0090-4235398) filed by DAVID W. BROWN. (Attachments: # 1 Civil Cover Sheet)(McClanahan, Kelly) (Entered: 09/07/2015)
2015-09-072REQUEST FOR SUMMONS TO ISSUE by DAVID W. BROWN filed by DAVID W. BROWN. (Attachments: # 1 Summons, # 2 Summons)(McClanahan, Kelly) (Entered: 09/07/2015)
2015-09-08Case Assigned to Judge Colleen Kollar-Kotelly. (md) (Entered: 09/08/2015)
2015-09-083ORDER Establishing Procedures for Cases Assigned to Judge Colleen Kollar-Kotelly. Signed by Judge Colleen Kollar-Kotelly on September 8, 2015. (NS) (Entered: 09/08/2015)
2015-09-084SUMMONS (3) Issued Electronically as to DEPARTMENT OF STATE, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice of Consent) (md) (Entered: 09/08/2015)
2015-09-285RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 9/21/15., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 9/23/2015. ( Answer due for ALL FEDERAL DEFENDANTS by 10/23/2015.), RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. DEPARTMENT OF STATE served on 9/21/2015 (Attachments: # 1 Exhibit - USPS confirmation)(McClanahan, Kelly) (Entered: 09/28/2015)
2015-10-236ANSWER to Complaint by DEPARTMENT OF STATE.(Soskin, Eric) (Entered: 10/23/2015)
2015-10-307NOTICE OF RELATED CASE by DEPARTMENT OF STATE. Case related to Case No. 15-1478. (Attachments: # 1 Exhibit Oct. 28, 2015 Minute Order in Case No. 15-1478)(Soskin, Eric) (Entered: 10/30/2015)
2015-10-308ORDER. The parties shall MEET AND CONFER and file a Joint Status Report proposing a schedule for proceeding in this matter. The schedule should 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, etc. The parties shall file the schedule not later than NOVEMBER 30, 2015. Signed by Judge Colleen Kollar-Kotelly on 10/30/2015. (lcckk1) (Entered: 10/30/2015)
2015-10-30Set/Reset Deadlines: Attorney Meet and Confer Conference and Joint Status Report due by 11/30/2015. (dot) (Entered: 11/02/2015)
2015-11-179RESPONSE re 7 Notice of Related Case filed by DAVID W. BROWN. (Attachments: # 1 Exhibit A - Sack v. CIA response to notice of related case)(McClanahan, Kelly) (Entered: 11/17/2015)
2015-11-1910ERRATA by DAVID W. BROWN 9 Response to Document filed by DAVID W. BROWN. (McClanahan, Kelly) (Entered: 11/19/2015)
2015-11-2511Unopposed MOTION for Extension of Time to December 3 (to file Joint Status Report) by DEPARTMENT OF STATE (Attachments: # 1 Text of Proposed Order)(Soskin, Eric) (Entered: 11/25/2015)
2015-11-25MINUTE ORDER (paperless). Defendant's 11 Unopposed Motion for Extension of Time to December 3 is GRANTED. The current deadline for the parties' Joint Status Report is November 30, 2015. This is Defendant's first request for an extension of time with respect to this deadline. For good cause as stated in Defendant's Unopposed Motion, the motion is granted, and parties shall file the Joint Status Report by no later than DECEMBER 3, 2015. Signed by Judge Colleen Kollar-Kotelly on 11/25/2015. (lcckk2) (Entered: 11/25/2015)
2015-11-25Set/Reset Deadline: The parties shall file the Joint Status Report by no later than 12/3/2015. (kt) (Entered: 11/25/2015)
2015-12-0312Joint STATUS REPORT by DEPARTMENT OF STATE. (Soskin, Eric) (Entered: 12/03/2015)
2015-12-0713ORDER. In light of the parties' 12 Joint Status Report, it is hereby ORDERED that the parties provide the Court with a Joint Status Report regarding Defendant's FOIA productions and their anticipated future schedule of proceedings on or before FEBRUARY 12, 2016. For the reasons explained herein, the Court shall take no action at this time with regard to Defendant's 9 Notice of Related Case. Signed by Judge Colleen Kollar-Kotelly on 12/7/2015. (lcckk1) (Entered: 12/07/2015)
2015-12-07Set/Reset Deadlines: Joint Status Report due by 2/12/2016. (dot) (Entered: 12/15/2015)
2015-12-08Set/Reset Deadline: The parties are to provide the Court with a Joint Status Report regarding Defendant's FOIA productions and their anticipated future schedule of proceedings on or before 2/12/2016. (kt) (Entered: 12/08/2015)
2016-02-1214Joint STATUS REPORT by DEPARTMENT OF STATE. (Soskin, Eric) (Entered: 02/12/2016)
2016-02-16MINUTE ORDER(Paperless). Upon review of the parties' 14 Joint Status Report, it is hereby ORDERED that the parties shall provide the Court with a status report regarding Defendant's FOIA productions and their anticipated future schedule of proceedings on or before APRIL 15, 2016. Signed by Judge Colleen Kollar-Kotelly on 2/16/2016. (lcckk1) (Entered: 02/16/2016)
2016-02-18Set/Reset Deadlines: Defendant's FOIA production and their anticipated future schedule by 4/15/2016. (gdf) (Entered: 02/18/2016)
2016-04-1515Joint STATUS REPORT by DEPARTMENT OF STATE. (Soskin, Eric) (Entered: 04/15/2016)
2016-04-15MINUTE ORDER(Paperless). The Court is in receipt of the parties' 15 Joint Status Report, which indicates that the Department of State expects to complete all productions in response to Plaintiff's FOIA request by April 29, 2016. Counsel for the parties have conferred and expect that further proceedings will be necessary in this action. The parties propose filing a joint status report on or before May 6, 2016, in which the parties will propose a briefing schedule for summary judgment. In light of the foregoing, it is hereby ORDERED that the parties shall provide the Court with a status report regarding Defendant's FOIA productions and a proposed briefing schedule for summary judgment on or before MAY 6, 2016. Signed by Judge Colleen Kollar-Kotelly on 4/15/2016. (lcckk1) (Entered: 04/15/2016)
2016-04-15Set/Reset Deadlines: Parties Joint Status Report 15 due by 4/29/2016. Parties proposed Joint Status Report due by 5/6/2016. (dot) (Entered: 04/18/2016)
2016-05-0616Joint STATUS REPORT by DEPARTMENT OF STATE. (Soskin, Eric) (Entered: 05/06/2016)
2016-05-10MINUTE ORDER (Paperless). The Court is in receipt of the parties' 16 Joint Status Report, which indicates that the parties have conferred and determined that summary judgment briefing is appropriate in this matter. It is hereby ORDERED that the parties shall follow a briefing schedule as follows: Defendant shall file its Motion for Summary Judgment by JUNE 22, 2016; Plaintiff shall file his Response by JULY 29, 2016; and Defendant shall file its Reply, if necessary, by AUGUST 26, 2016. Signed by Judge Colleen Kollar-Kotelly on 5/10/2016. (lcckk1) (Entered: 05/10/2016)
2016-05-10Set/Reset Deadlines: Defendant's Summary Judgment motions due by 6/22/2016. Response to Motion for Summary Judgment due by 7/29/2016. Reply to Motion for Summary Judgment due by 8/26/2016. (dot) (Entered: 05/13/2016)
2016-06-1417Unopposed MOTION for Extension of Time to File Motion for Summary Judgment Until June 30 by DEPARTMENT OF STATE (Attachments: # 1 Text of Proposed Order)(Soskin, Eric) (Entered: 06/14/2016)
2016-06-1518ORDER granting 17 Motion for Extension of Time to file Motion for Summary Judgment. Motion due by 6/30/2016. Signed by Judge Colleen Kollar-Kotelly on 6/15/16. (dot) (Entered: 06/15/2016)
2016-06-3019Unopposed MOTION for Extension of Time to File Motion for Summary Judgment and to Revise Briefing Schedule by DEPARTMENT OF STATE (Attachments: # 1 Text of Proposed Order)(Soskin, Eric) (Entered: 06/30/2016)
2016-06-3020ORDER granting 19 Motion for Extension of Time and to Revise Briefing Schedule. Summary Judgment motion due by 7/29/2016. Response to Motion for Summary Judgment due by 9/2/2016. Reply to Motion for Summary Judgment due by 10/7/2016. Signed by Judge Colleen Kollar-Kotelly on 6/30/16. (dot) (Entered: 07/01/2016)
2016-07-2921MOTION for Summary Judgment by DEPARTMENT OF STATE (Attachments: # 1 Exhibit A - Declaration of Eric Stein, # 2 Exhibit B - Index, # 3 Exhibit C - Selected Documents)(Soskin, Eric) (Entered: 07/29/2016)
2016-09-0222Consent MOTION for Extension of Time to File Response/Reply as to 21 MOTION for Summary Judgment by DAVID W. BROWN (Attachments: # 1 Text of Proposed Order)(McClanahan, Kelly) (Entered: 09/02/2016)
2016-09-06MINUTE ORDER GRANTING Plaintiffs 22 Consent Motion for Enlargement of Time to File Opposition to Defendants Motion for Summary Judgment nunc pro tunc. Plaintiff requests this extension due to the Labor Day holiday and his involvement in a discovery dispute in another matter. Plaintiff states that this is the first extension requested for this filing, and that Defendant has agreed that this extension will not affect the date by which it will file a reply to Plaintiffs opposition. The parties are reminded that, pursuant to the Courts Order Establishing Procedures, "[m]otions for extensions of time must be filed at least four (4) business days prior to the first affected deadline." The Court will grant Plaintiff no further extensions for this filing. Signed by Judge Colleen Kollar-Kotelly on 9/6/2016. (lcckk3) (Entered: 09/06/2016)
2016-09-0923Memorandum in opposition to re 21 MOTION for Summary Judgment filed by DAVID W. BROWN. (Attachments: # 1 Exhibit A - Soskin-McClanahan email 1, # 2 Exhibit B - Soskin-McClanahan email 2, # 3 Exhibit C - McClanahan decl., # 4 Exhibit D - Selected documents, # 5 Text of Proposed Order)(McClanahan, Kelly) (Entered: 09/10/2016)
2016-09-1024Cross MOTION for Partial Summary Judgment , Cross MOTION for Discovery by DAVID W. BROWN (Attachments: # 1 Exhibit A - Soskin-McClanahan email 1, # 2 Exhibit B - Soskin-McClanahan email 2, # 3 Exhibit C - McClanahan decl., # 4 Exhibit D - Selected documents, # 5 Text of Proposed Order)(McClanahan, Kelly) (Entered: 09/10/2016)
2016-09-1025NOTICE Regarding Filing Discrepancy by DAVID W. BROWN re 23 Memorandum in Opposition, (McClanahan, Kelly) (Entered: 09/10/2016)
2016-09-2926Unopposed MOTION for Extension of Time to File Response/Reply as to 21 MOTION for Summary Judgment by DEPARTMENT OF STATE (Attachments: # 1 Text of Proposed Order)(Soskin, Eric) (Entered: 09/29/2016)
2016-09-30MINUTE ORDER GRANTING Defendant's 26 Unopposed Motion for Extension of Time. Defendant requests an additional two weeks to file its Reply in Support of its Motion for Summary Judgment, due to unexpected scheduling conflicts. Defendant represents that this is the first extension granted on this deadline and that no other deadlines will be affected. Plaintiff does not oppose. Defendant's Motion is accordingly GRANTED. Defendant shall file its Reply no later than OCTOBER 21, 2016. Signed by Judge Colleen Kollar-Kotelly on 9/30/2016. (lcckk3) (Entered: 09/30/2016)
2016-09-30Set/Reset Deadlines: Defendant's Reply to its Motion for Summary Judgment due by 10/21/2016. (dot) (Entered: 10/05/2016)
2016-10-2127REPLY to opposition to motion re 21 MOTION for Summary Judgment filed by DEPARTMENT OF STATE. (Soskin, Eric) (Entered: 10/21/2016)
2016-10-2128Memorandum in opposition to re 24 Cross MOTION for Partial Summary Judgment Cross MOTION for Discovery filed by DEPARTMENT OF STATE. (Soskin, Eric) (Entered: 10/21/2016)
2016-11-2829Consent MOTION for Extension of Time to File Response/Reply as to 24 Cross MOTION for Partial Summary Judgment Cross MOTION for Discovery (Nunc Pro Tunc) by DAVID W. BROWN (Attachments: # 1 Text of Proposed Order)(McClanahan, Kelly) (Entered: 11/28/2016)
2016-11-29MINUTE ORDER. The Court is in receipt of Plaintiff's 29 Consent Motion for Enlargement of Time to File Reply in Support of Cross Motion for Partial Summary Judgment and Discovery nunc pro tunc. Plaintiff requests this extension because Plaintiff's counsel failed to record the deadline for Plaintiff's reply in his calendar. The Court does not agree that this constitutes "excusable neglect." Plaintiff states that this is the first extension requested for this filing, but the Court notes that Plaintiff has previously filed a motion for enlargement of time to file its Opposition to Defendant's Motion for Summary Judgment that was also nunc pro tunc. Nevertheless, Defendant has consented to Plaintiff's motion, and the interests of justice support allowing Plaintiff to file a reply so that Plaintiff's motion can be properly resolved on its merits as opposed to procedural faults. Plaintiff's consent motion is accordingly GRANTED. Plaintiff may file a reply in support of his cross-motion for partial summary judgment and discovery no later than DECEMBER 2, 2016. Signed by Judge Colleen Kollar-Kotelly on 11/29/2016. (lcckk3) (Entered: 11/29/2016)
2016-11-29Set/Reset Deadlines: Plaintiff may file a reply in support of his cross-motion for partial summary judgment and discovery no later than 12/2/2016. Discovery due by 12/2/2016. (dot) (Entered: 11/29/2016)
2016-12-0230REPLY to opposition to motion re 24 Cross MOTION for Partial Summary Judgment Cross MOTION for Discovery filed by DAVID W. BROWN. (McClanahan, Kelly) (Entered: 12/03/2016)
2017-01-3031NOTICE OF SUPPLEMENTAL AUTHORITY by DAVID W. BROWN (Attachments: # 1 Exhibit E - JMP opinion, # 2 Exhibit F - JMP oppo)(McClanahan, Kelly) (Entered: 01/31/2017)
2017-01-3132ORDER DENYING WITHOUT PREJUDICE Defendant's 21 Motion for Summary Judgment and Plaintiff's 24 Cross-Motion for Partial Summary Judgment and Discovery. Signed by Judge Colleen Kollar-Kotelly on 1/31/2017. (lcckk3) (Entered: 01/31/2017)
2017-01-31Set/Reset Deadlines: Joint Status Report due by 3/31/2017. (dot) (Entered: 01/31/2017)
2017-03-3133Joint STATUS REPORT by DEPARTMENT OF STATE. (Soskin, Eric) (Entered: 03/31/2017)
2017-04-03MINUTE ORDER. The Court is in receipt of the parties' 33 Status Report. The parties represent that Defendant will produce to the Plaintiff in this matter all records Defendant releases to the plaintiffs in the similar matter James Madison Project, et al., v. Department of State, No. 15-cv-1478. These productions will occur on a rolling production schedule between May 31, 2017 and September 30, 2017. The parties propose filing an additional status report after those productions are complete, on October 13, 2017. Accordingly, the parties are ORDERED to file a further Status Report on OCTOBER 13, 2017, indicating the status of these productions and the need for any further litigation in this matter. Signed by Judge Colleen Kollar-Kotelly on 4/3/2017. (lcckk3) (Entered: 04/03/2017)
2017-04-03Set/Reset Deadlines: Joint Status Report due by 10/13/2017. (dot) (Entered: 04/04/2017)
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