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Case TitleMCKINLEY v. FEDERAL DEPOSIT INSURANCE CORPORATION
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2015cv01764
Date Filed2015-10-21
Date ClosedOpen
JudgeJudge Ketanji Brown Jackson
PlaintiffVERN MCKINLEY
Case DescriptionVern McKinley submitted a FOIA request to the Federal Deposit Insurance Corporation for records concerning the agency's analysis of whether Citibank should have been placed in receivership after the financial debacle. The agency located 134 pages which were withheld under a combination of Exemption 4 (confidential business information), Exemption 5 (privileges) and Exemption 8 (bank examination records). McKinley appealed the agency's determination, which was upheld on appeal. He then filed suit.
Complaint issues: Adequacy - Search, Litigation - Vaughn index, Litigation - Attorney's fees

DefendantFEDERAL DEPOSIT INSURANCE CORPORATION
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Opinion/Order [16]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2015-10-211COMPLAINT against FEDERAL DEPOSIT INSURANCE CORPORATION ( Filing fee $ 400 receipt number 0090-4285822) filed by VERN MCKINLEY. (Attachments: # 1 Summons US Attorney for DC, # 2 Summons US Attorney General, # 3 Summons FDIC, # 4 Civil Cover Sheet)(Bekesha, Michael) (Entered: 10/21/2015)
2015-10-21Case Assigned to Judge Ketanji Brown Jackson. (md) (Entered: 10/22/2015)
2015-10-222SUMMONS (3) Issued Electronically as to FEDERAL DEPOSIT INSURANCE CORPORATION, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Consent Forms)(zrdj) (Entered: 10/22/2015)
2015-10-273GENERAL ORDER AND GUIDELINES FOR CIVIL CASES BEFORE JUDGE KETANJI BROWN JACKSON. The Court will hold the parties and counsel responsible for following these directives, and parties and counsel should pay particular attention to the Courts instructions for briefing motions. Failure to adhere to this Order may, when appropriate, result the imposition of sanctions and/or sua sponte denial of non-conforming motions. Signed by Judge Ketanji Brown Jackson on 10/27/2015. (lckbj1) (Entered: 10/27/2015)
2015-11-044RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 11/2/2015. ( Answer due for ALL FEDERAL DEFENDANTS by 12/2/2015.), RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 11/2/2015., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. FEDERAL DEPOSIT INSURANCE CORPORATION served on 11/2/2015 (Attachments: # 1 Affidavit of Cristina Rotaru)(Bekesha, Michael) (Entered: 11/04/2015)
2015-11-175NOTICE of Appearance by William Mark Nebeker on behalf of FEDERAL DEPOSIT INSURANCE CORPORATION (Nebeker, William) (Entered: 11/17/2015)
2015-11-306NOTICE of Appearance by Daniel Harold Kurtenbach on behalf of FEDERAL DEPOSIT INSURANCE CORPORATION (Kurtenbach, Daniel) (Entered: 11/30/2015)
2015-12-027ANSWER to Complaint by FEDERAL DEPOSIT INSURANCE CORPORATION.(Kurtenbach, Daniel) (Entered: 12/02/2015)
2015-12-02MINUTE 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 12/16/2015. Signed by Judge Ketanji Brown Jackson on 12/2/2015. (lckbj1) (Entered: 12/02/2015)
2015-12-148PROPOSED BRIEFING SCHEDULE (Joint) by FEDERAL DEPOSIT INSURANCE CORPORATION. (Kurtenbach, Daniel) (Entered: 12/14/2015)
2015-12-18MINUTE ORDER. Based on the representations in the parties Joint 8 Proposed Schedule, it is hereby ORDERED that the parties shall file a status report, on or before 2/5/2016, which shall contain a proposed schedule for further proceedings, if litigation is going to be necessary. Signed by Judge Ketanji Brown Jackson on 12/18/2015. (lckbj1) (Entered: 12/18/2015)
2016-02-049Joint STATUS REPORT by FEDERAL DEPOSIT INSURANCE CORPORATION. (Kurtenbach, Daniel) (Entered: 02/04/2016)
2016-02-08MINUTE ORDER. Based on the representations in the parties' Joint Status Report, it is hereby ORDERED that the following briefing schedule is set for this matter: Defendant's Motion for Summary Judgment is due by 3/16/2016. Plaintiff's Consolidated Opposition to Defendant's Motion for Summary Judgment and Cross Motion for Summary Judgment is due by 4/15/2016. Defendant's Consolidated Reply in Support of its Motion for Summary Judgment and Opposition to Plaintiff's Cross Motion for Summary Judgment is due by 5/17/2016. Plaintiff's Reply in Support of its Cross Motion for Summary Judgment is due by 6/1/2016. Signed by Judge Ketanji Brown Jackson on 02/08/2016. (lckbj1) (Entered: 02/08/2016)
2016-03-1610MOTION for Summary Judgment and Memorandum of Law by FEDERAL DEPOSIT INSURANCE CORPORATION (Attachments: # 1 Statement of Facts Statement of Material Facts Not In Dispute, # 2 Declaration Declaration of Hugo A. Zia, # 3 Exhibit Exhibits 1-5, # 4 Text of Proposed Order)(Kurtenbach, Daniel) (Entered: 03/16/2016)
2016-04-1411Memorandum in opposition to re 10 MOTION for Summary Judgment and Memorandum of Law filed by VERN MCKINLEY. (Attachments: # 1 Statement of Facts, # 2 Text of Proposed Order)(Bekesha, Michael) (Entered: 04/14/2016)
2016-04-1412Cross MOTION for Summary Judgment by VERN MCKINLEY (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Text of Proposed Order)(Bekesha, Michael) (Entered: 04/14/2016)
2016-05-1713Memorandum in opposition to re 12 Cross MOTION for Summary Judgment , filed by FEDERAL DEPOSIT INSURANCE CORPORATION. (Kurtenbach, Daniel) Modified on 5/18/2016 (jf). (Entered: 05/17/2016)
2016-05-1814REPLY to opposition to motion re 10 MOTION for Summary Judgment filed by FEDERAL DEPOSIT INSURANCE CORPORATION. (Kurtenbach, Daniel) Modified on 5/19/2016 (jf). (Entered: 05/18/2016)
2016-05-2315REPLY to opposition to motion re 12 Cross MOTION for Summary Judgment filed by VERN MCKINLEY. (Bekesha, Michael) (Entered: 05/23/2016)
2017-08-0716MEMORANDUM OPINION AND ORDER denying Defendant's 10 Motion for Summary Judgment and Plaintiff's 12 Cross-Motion for Summary Judgment without prejudice; requiring supplemental submissions from Defendant on or before 9/5/2017; and setting a briefing schedule for renewed motions for summary judgment. Defendant's Motion for Summary Judgment is due on or before 10/3/2017; Plaintiff's Consolidated Opposition to Defendant's Motion for Summary Judgment and Cross-Motion for Summary Judgment is due on or before 10/31/2017; Defendant's Consolidated Reply in Support of its Motion for Summary Judgment and Opposition to Plaintiff's Cross-Motion for Summary Judgment is due on or before 11/14/2017; and Plaintiff's Reply in Support of its Cross-Motion for Summary Judgment is due on or before 11/28/2017. See attached document for details. Signed by Judge Ketanji Brown Jackson on 8/7/2017. (lckbj3) (Entered: 08/07/2017)
2017-08-07Set/Reset Deadlines: Cross Motions due by 10/31/2017. Response to Cross Motions due by 11/14/2017. Reply to Cross Motions due by 11/28/2017. (gdf) (Entered: 08/07/2017)
2017-08-2517Consent MOTION for Extension of Time to Submit Vaughn Index by FEDERAL DEPOSIT INSURANCE CORPORATION (Kurtenbach, Daniel) (Entered: 08/25/2017)
2017-08-28MINUTE ORDER granting, for good cause shown, 17 Consent Motion for Extension of Time to Submit Vaughn Index. FDIC shall submit a revised Vaughn index and/or supplemental declaration(s), and copies of the twelve documents for in camera review, on or before 9/13/2017. Signed by Judge Ketanji Brown Jackson on 08/28/2017. (lckbj1) (Entered: 08/28/2017)
2017-09-0918Consent MOTION for Extension of Time to Submit Vaughn Index by FEDERAL DEPOSIT INSURANCE CORPORATION (Kurtenbach, Daniel) (Entered: 09/09/2017)
2017-09-13MINUTE ORDER granting, for good cause shown, 18 Consent Motion for Extension of Time to Submit Vaughn Index. It is hereby ORDERED that Defendant's Vaughn Index is due on or before 10/3/2017. Signed by Judge Ketanji Brown Jackson on 09/13/2017. (lckbj1) (Entered: 09/13/2017)
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by FOIA Project Staff