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Case TitleDAILY CALLER v. U.S. DEPARTMENT OF STATE
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2015cv01777
Date Filed2015-10-21
Date Closed2017-02-01
JudgeChief Judge Beryl A. Howell
PlaintiffDAILY CALLER
Case DescriptionThe Daily Caller submitted five FOIA requests to the Department of State for records concerning former Secretary of State Hillary Clinton's use of a private email server. Another request asked for processing notes from previous requests submitted by the Daily Caller. The agency granted the Daily Caller expedited processing and a fee waiver for at least one of its requests. But after the agency failed to respond to any of its outstanding requests, the Daily Caller filed suit.
Complaint issues: Failure to respond within statutory time limit, Expedited processing, Public Interest Fee Waiver, Litigation - Vaughn index, Litigation - Attorney's fees

DefendantUNITED STATES DEPARTMENT 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

2015-10-211COMPLAINT against U.S. DEPARTMENT OF STATE ( Filing fee $ 400 receipt number 0090-4286541) filed by The Daily Caller. (Attachments: # 1 Exhibit #1-10, # 2 Civil Cover Sheet, # 3 Summons to Department of State, # 4 Summons to US Attorney General, # 5 Summons to Civil Process Clerk US Attorney's Office)(Massari, Patrick) (Entered: 10/21/2015)
2015-10-212LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by The Daily Caller (Massari, Patrick) (Entered: 10/21/2015)
2015-10-213MOTION for Preliminary Injunction by The Daily Caller (Attachments: # 1 Memorandum in Support of Plaintiff's Motion for Preliminary Injunction, # 2 Declaration of Chuck Ross, # 3 Text of Proposed Order)(Massari, Patrick) (Entered: 10/21/2015)
2015-10-21Case Assigned to Judge Beryl A. Howell. (md) (Entered: 10/22/2015)
2015-10-224STANDING ORDER. Signed by Judge Beryl A. Howell on October 22, 2015. (lcbah3) (Entered: 10/22/2015)
2015-10-225SUMMONS (3) Issued Electronically as to UNITED STATES DEPARTMENT OF STATE, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Consent Forms)(zrdj) (Entered: 10/22/2015)
2015-10-266AFFIDAVIT of Process Server to Dept of State; US Attorney General and Civil Process Clerk US Attorney's Office by DAILY CALLER. (Massari, Patrick) (Entered: 10/26/2015)
2015-10-267AFFIDAVIT re 6 Affidavit to US Attorney General and Civil Process Clerk US Attorney's Office by DAILY CALLER. (Attachments: # 1 Affidavit for Civil Process Clerk)(Massari, Patrick) (Entered: 10/26/2015)
2015-10-268RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 10/23/2015. ( Answer due for ALL FEDERAL DEFENDANTS by 11/22/2015.), RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 10/23/2015., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES DEPARTMENT OF STATE served on 10/23/2015. (See Docket Entries 6 and 7 to view documents). (znmw) (Entered: 10/27/2015)
2015-11-03MINUTE ORDER (paperless) DIRECTING the plaintiff to demonstrate that the plaintiff has effected service on the federal agency defendant as required under Federal Rule of Civil Procedure 4(i)(2), and, if the plaintiff has properly served the defendant, to confer with the defendant and file a joint proposed briefing schedule for the plaintiff's 3 Motion for Preliminary Injunction by November 6, 2015. Signed by Judge Beryl A. Howell on November 3, 2015. (lcbah2) (Entered: 11/03/2015)
2015-11-04Set/Reset Deadlines: Response to Order of the Court due by 11/6/2015. (tg) (Entered: 11/04/2015)
2015-11-049RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF STATE served on 10/23/2015(Massari, Patrick) Modified on 11/5/2015 (zrdj). (Entered: 11/04/2015)
2015-11-0410RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney General. Date of Service Upon United States Attorney General 10/23/2015. (Massari, Patrick) Modified on 11/5/2015 (zrdj). (Entered: 11/04/2015)
2015-11-0411RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 10/23/2015. Answer due for ALL FEDERAL DEFENDANTS by 11/22/2015. (Massari, Patrick) (Entered: 11/04/2015)
2015-11-0612Joint STATUS REPORT and Proposed Briefing Schedule by DAILY CALLER. (Massari, Patrick) (Entered: 11/06/2015)
2015-11-06MINUTE ORDER (paperless) ISSUING, upon consideration of the parties' 12 Joint Status Report and Proposed Briefing Schedule, the following briefing schedule for the plaintiff's 3 Motion for Preliminary Injunction: the defendant's opposition shall be filed by November 19, 2015, and the plaintiff's reply shall be filed by November 24, 2015. Signed by Judge Beryl A. Howell on November 6, 2015. (lcbah2) (Entered: 11/06/2015)
2015-11-09Set/Reset Deadlines: Defendant's opposition to 3 Motion for Preliminary Injunction due by 11/19/2015; Plaintiff's reply due by 11/24/2015. (tg) (Entered: 11/09/2015)
2015-11-1313NOTICE of Appearance by Elisabeth Layton on behalf of UNITED STATES DEPARTMENT OF STATE (Layton, Elisabeth) (Entered: 11/13/2015)
2015-11-2014Memorandum in opposition to re 3 MOTION for Preliminary Injunction filed by UNITED STATES DEPARTMENT OF STATE. (Attachments: # 1 Declaration Hackett Declaration, # 2 Exhibit 1, # 3 Exhibit 2)(Layton, Elisabeth) (Entered: 11/20/2015)
2015-11-2015Consent MOTION for Extension of Time to File Response/Reply as to 3 MOTION for Preliminary Injunction by UNITED STATES DEPARTMENT OF STATE (Attachments: # 1 Exhibit Notice of Electronic Filing, # 2 Text of Proposed Order)(Layton, Elisabeth) (Entered: 11/20/2015)
2015-11-21MINUTE ORDER (paperless) GRANTING the defendant's 15 Consent Out-Of-Time Motion for an Extension of Two Minutes to File its Opposition to Plaintiff's Motion for Preliminary Injunction. Signed by Judge Beryl A. Howell on November 21, 2015. (lcbah2) (Entered: 11/21/2015)
2015-11-2316ANSWER to Complaint by UNITED STATES DEPARTMENT OF STATE.(Layton, Elisabeth) (Entered: 11/23/2015)
2015-11-2417RESPONSE re 3 MOTION for Preliminary Injunction Reply in support of Plaintiff's Motion for Preliminary Injunction filed by DAILY CALLER. (Attachments: # 1 Declaration Second Declaration of Chuck Ross)(Massari, Patrick) (Entered: 11/24/2015)
2015-12-0818ORDER denying the plaintiff's 3 Motion for Preliminary Injunction. See Order for further details. Signed by Judge Beryl A. Howell on December 8, 2015. (lcbah2) (Entered: 12/08/2015)
2015-12-0819MEMORANDUM OPINION regarding the plaintiff's 3 Motion for Preliminary Injunction. Signed by Judge Beryl A. Howell on December 8, 2015. (lcbah2) (Modified on 12/9/2015 - revised version uploaded) (tg). Modified on 1/19/2016 (tg). (Entered: 12/08/2015)
2015-12-09Set/Reset Deadlines: Joint Status Report due by 12/22/2015. (tg) (Entered: 12/09/2015)
2015-12-2220Joint STATUS REPORT by UNITED STATES DEPARTMENT OF STATE. (Layton, Elisabeth) (Entered: 12/22/2015)
2015-12-23MINUTE ORDER (paperless) DIRECTING, upon consideration of the parties' 20 Joint Status Report, and in light of the scheduling orders imposed on the defendant in connection with pending litigation in this Court arising from similar FOIA requests, the defendant to make a rolling production of responsive documents to the plaintiff beginning on January 29, 2016, and continuing every thirty days thereafter. The parties shall, by February 26, 2016, file a joint status report indicating: (1) the total volume of potentially responsive records and an estimated date by which the defendant expects to complete production of these records; (2) whether the parties have resolved all disputes over the defendant's response to the plaintiff's FOIA requests or whether dispositive motions are anticipated; and, (3) a proposed briefing schedule, if necessary, to resolve any dispositive motions. Signed by Judge Beryl A. Howell on December 23, 2015. (lcbah2) (Entered: 12/23/2015)
2015-12-23Set/Reset Deadlines: Joint Status Report due by 2/26/2016. (tg) (Entered: 12/23/2015)
2016-02-2621Joint STATUS REPORT by UNITED STATES DEPARTMENT OF STATE. (Layton, Elisabeth) (Entered: 02/26/2016)
2016-02-29MINUTE ORDER (paperless) DIRECTING, upon consideration of the parties' 21 Joint Status Report, the parties to file, by March 25, 2016, a joint status report advising the Court of the total volume of potentially responsive records identified through the defendants' ongoing searches and an estimated date by which the defendant expects to complete production of these records. Thereafter, within thirty days of the production of all responsive, non-exempt records, the parties shall file a joint status report: (1) advising the Court whether the parties have resolved all disputes over the defendant's response to the plaintiff's FOIA requests or whether dispositive motions are anticipated; and (2) proposing a briefing schedule, if necessary, to resolve any dispositive motions. Signed by Judge Beryl A. Howell on February 29, 2016. (lcbah2) (Entered: 02/29/2016)
2016-02-29Set/Reset Deadlines: Joint Status Report due by 3/25/2016. (tg) (Entered: 02/29/2016)
2016-03-2122NOTICE of Change of Address by Patrick Joseph Massari (Massari, Patrick) (Entered: 03/21/2016)
2016-03-2523Joint STATUS REPORT by UNITED STATES DEPARTMENT OF STATE. (Layton, Elisabeth) (Entered: 03/25/2016)
2016-03-25MINUTE ORDER (paperless) DIRECTING, upon consideration of the parties' 23 Joint Status Report, the parties to file, by May 18, 2016, a joint status report advising the Court of the status of their joint efforts to revise the scope of the plaintiff's requests, as well as the defendant's progress in identifying a more precise estimate of the number of potentially responsive records and the remaining time needed to process those records. Signed by Chief Judge Beryl A. Howell on March 25, 2016. (lcbah2) (Entered: 03/25/2016)
2016-03-28Set/Reset Deadlines: Joint Status Report due by 5/18/2016. (tg) (Entered: 03/28/2016)
2016-05-1824Joint STATUS REPORT by UNITED STATES DEPARTMENT OF STATE. (Layton, Elisabeth) (Entered: 05/18/2016)
2016-05-19MINUTE ORDER (paperless) DIRECTING, upon consideration of the parties' 24 Joint Status Report, the parties to file: (1) by August 10, 2016, an interim joint status report advising the Court of the processing and production of records in this matter; and (2) by January 17, 2017, a final joint status report indicating whether the parties have resolved all disputes over the defendant's response to the plaintiff's FOIA requests or whether dispositive motions are anticipated. Signed by Chief Judge Beryl A. Howell on May 19, 2016. (lcbah2) (Entered: 05/19/2016)
2016-05-19Set/Reset Deadlines: Interim Joint Status Report due by 8/10/2016; Final Joint Status Report due by 1/17/2017. (tg) (Entered: 05/20/2016)
2016-08-1025Interim STATUS REPORT filed jointly by the parties by UNITED STATES DEPARTMENT OF STATE. (Layton, Elisabeth) (Entered: 08/10/2016)
2017-01-1726NOTICE of Appearance by Jason Lee on behalf of UNITED STATES DEPARTMENT OF STATE (Lee, Jason) (Entered: 01/17/2017)
2017-01-1727Joint STATUS REPORT by UNITED STATES DEPARTMENT OF STATE. (Lee, Jason) (Entered: 01/17/2017)
2017-01-18MINUTE ORDER (paperless) DIRECTING, upon consideration of the parties' 27 Joint Status Report, the parties to file, by February 3, 2017, a final joint status report proposing a briefing schedule to resolve any anticipated dispositive motions. Signed by Chief Judge Beryl A. Howell on January 18, 2017. (lcbah3) (Entered: 01/18/2017)
2017-01-18Set/Reset Deadlines: Final Joint Status Report due by 2/3/2017. (tg) (Entered: 01/18/2017)
2017-02-0128STIPULATION of Dismissal As Agreed By Both Parties Filed by DAILY CALLER. (Massari, Patrick) (Entered: 02/01/2017)
2017-02-01MINUTE ORDER (paperless) DISMISSING this matter with prejudice in light of the parties' 28 Stipulation of Dismissal. The Clerk is directed to close this case. Signed by Chief Judge Beryl A. Howell on February 1, 2017. (lcbah3) (Entered: 02/01/2017)
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by FOIA Project Staff