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Case TitleCAUSE OF ACTION INSTITUTE v. EGGLESTON et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2016cv00871
Date Filed2016-05-09
Date ClosedOpen
JudgeJudge Colleen Kollar-Kotelly
PlaintiffCAUSE OF ACTION INSTITUTE
Case DescriptionCause of Action filed suit against Neil Eggleston, the White House Counsel, and a number of agencies, claiming that the White House memo issued in 2009 by then White House Counsel Greg Craig reminding agencies to contact the White House when processing FOIA requests that contained EOP-generated information had resulted in improper delays for some Cause of Action FOIA requests and that the policy was a violation of FOIA.
Complaint issues: Litigation - Attorney's fees, Failure to respond within statutory time limit

DefendantW. NEIL EGGLESTON in his official capacity as White House Counsel
DefendantOFFICE OF THE WHITE HOUSE COUNSEL
DefendantINTERNAL REVENUE SERVICE
DefendantDEPARTMENT OF DEFENSE
DefendantENVIRONMENTAL PROTECTION AGENCY
DefendantDEPARTMENT OF THE INTERIOR
DefendantDEPARTMENT OF ENERGY
DefendantDEPARTMENT OF HEALTH AND HUMAN SERVICES
DefendantDEPARTMENT OF HOMELAND SECURITY
DefendantDEPARTMENT OF JUSTICE
DefendantDEPARTMENT OF STATE
DefendantDEPARTMENT OF TRANSPORTATION
DefendantDEPARTMENT OF THE TREASURY
Documents
Docket
Complaint
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Opinion/Order [23]
FOIA Project Annotation: Judge Colleen Kollar-Kotelly has ruled that Cause of Action failed to show that a 2009 memo from then White House Counsel Greg Craig instructing agencies to consult the White House in processing FOIA requests that involved White House-related records before the statutory deadline for responding expired constituted a policy or practice that delayed FOIA requests Cause of Action had made to various agencies for records pertaining to contacts with the President or Vice President's office. Although Kollar-Kotelly noted that the Craig Memo was similar to memos issued by previous administrations, Cause of Action argued that its use of the term "White House equities" was so vague and undefined that it encouraged agencies to consult with the White House when not necessary. Kollar-Kotelly found Cause of Action had not shown a pattern of violating FOIA since only one if its requests had even been referred to the White House. Further, she noted that the agencies had not decided to withhold any records. Instead, "Plaintiff merely alleges that the Agency Defendants' responses to its request have been delayed. This distinction is significant," since "delay alone, even repeated delay, is not the type of illegal policy or practice that is actionable under [FOIA]." She added that "in light of [Cause of Action's] concession that OWHC review is not 'per se' unlawful, Plaintiff's claim that the delays in this care are actionable is quite narrow. It is dependent not only on the allegation that the delays in this case are caused by OWHC review, but also on the allegation that such review is unlawful under the circumstances because it is 'unnecessary,' and merely used to 'control political messages and avoid political embarrassment.'" Instead of finding the OWHC review unnecessary, Kollar-Kotelly observed that "to the contrary, the Court finds that the FOIA requests OWHC had allegedly reviewed plausibly implicate records that either come from the White House or could reasonably call for White House input to determine the applicability of FOIA exemptions. For example, a number of the requests explicitly implicate White House records or correspondence, which even Plaintiff concedes makes OWHC review reasonable." She continued: "Having reviewed all of the facts alleged, including the sixty-five exhibits attached to Plaintiff's Complaint, the Court finds no factual support for Plaintiff's conclusions that OWHC review has been used as a politically-driven delay tactic divorced from legitimate review. The requests are not nearly so far removed from legitimate reasons the White House might have to review FOIA request to support this conclusion. Even if the OWHC has been consulted with on FOIA requests that, as it turned out, did not in fact implicate White House records or records that were protected by an executive-related FOIA exemption, the focus of the 'policy or practice' doctrine is conduct this is 'wholly unjustified.'" Kollar-Kotelly dismissed Cause of Action's claim under the Administrative Procedure Act, finding instead that FOIA provided a remedy for its practice or pattern challenge. Cause of Action argued that the APA was the appropriate vehicle for challenging the legality of agency FOIA regulations. But Kollar-Kotelly noted that ""although Plaintiff expounds on this argument at length in its Opposition, the Complaint is completely devoid of any allegation that any Agency Defendant has violated their own FOIA regulations by coordinating with the OWHC regarding FOIA requests."
Issues: Litigation - Jurisdiction - Failure to State a Claim
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2016-05-091COMPLAINT against All Defendants ( Filing fee $ 400 receipt number 0090-4519048) filed by CAUSE OF ACTION INSTITUTE. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21 Exhibit 21, # 22 Exhibit 22, # 23 Exhibit 23, # 24 Exhibit 24, # 25 Exhibit 25, # 26 Exhibit 26, # 27 Exhibit 27, # 28 Exhibit 28, # 29 Exhibit 29, # 30 Exhibit 30, # 31 Exhibit 31, # 32 Exhibit 32, # 33 Exhibit 33, # 34 Exhibit 34, # 35 Exhibit 35, # 36 Exhibit 36, # 37 Exhibit 37, # 38 Exhibit 38, # 39 Exhibit 39, # 40 Exhibit 40, # 41 Exhibit 41, # 42 Exhibit 42, # 43 Exhibit 43, # 44 Exhibit 44, # 45 Exhibit 45, # 46 Exhibit 46, # 47 Exhibit 47, # 48 Exhibit 48, # 49 Exhibit 49, # 50 Exhibit 50, # 51 Exhibit 51, # 52 Exhibit 52, # 53 Exhibit 53, # 54 Exhibit 54, # 55 Exhibit 55, # 56 Exhibit 56, # 57 Exhibit 57, # 58 Exhibit 58, # 59 Exhibit 59, # 60 Exhibit 60, # 61 Exhibit 61, # 62 Exhibit 62, # 63 Exhibit 63, # 64 Exhibit 64, # 65 Exhibit 65, # 66 Civil Cover Sheet, # 67 Summons, # 68 Summons, # 69 Summons, # 70 Summons, # 71 Summons, # 72 Summons, # 73 Summons, # 74 Summons, # 75 Summons, # 76 Summons, # 77 Summons, # 78 Summons, # 79 Summons, # 80 Summons, # 81 Summons)(Vecchione, John) (Entered: 05/09/2016)
2016-05-092LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by CAUSE OF ACTION INSTITUTE (Vecchione, John) (Entered: 05/09/2016)
2016-05-093MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Alfred J. Lechner, Jr., :Firm- Cause of Action Institute, :Address- 1875 Eye Street N.W., Ste. 800. Phone No. - (202) 499-4232. Fax No. - (202) 330-5842 Filing fee $ 100, receipt number 0090-4519315. Fee Status: Fee Paid. by CAUSE OF ACTION INSTITUTE (Attachments: # 1 Declaration Lechner Declaration, # 2 Proposed Order)(Vecchione, John) (Entered: 05/09/2016)
2016-05-09Case Assigned to Judge Colleen Kollar-Kotelly. (sth) (Entered: 05/09/2016)
2016-05-094SUMMONS (15) Issued Electronically as to DEPARTMENT OF DEFENSE, DEPARTMENT OF ENERGY, DEPARTMENT OF HEALTH AND HUMAN SERVICES, DEPARTMENT OF HOMELAND SECURITY, DEPARTMENT OF JUSTICE, DEPARTMENT OF STATE, DEPARTMENT OF THE INTERIOR, DEPARTMENT OF THE TREASURY, DEPARTMENT OF TRANSPORTATION, W. NEIL EGGLESTON, ENVIRONMENTAL PROTECTION AGENCY, INTERNAL REVENUE SERVICE, OFFICE OF THE WHITE HOUSE COUNSEL, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Summons, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Summons, # 6 Summons, # 7 Summons, # 8 Summons, # 9 Summons, # 10 Summons, # 11 Summons, # 12 Summons, # 13 Summons, # 14 Summons, # 15 Summons)(zsth) (Entered: 05/09/2016)
2016-05-105SUMMONS (1) Issued Electronically as to DEPARTMENT OF THE TREASURY. (Attachments: # 1 Summons)(sth) (Entered: 05/10/2016)
2016-05-106ORDER granting 3 Motion for Leave to Appear Pro Hac Vice of Attorney Alfred J. Lechner, Jr., contingent on Mr. Lechner filing a Notice with this Court, indicating that he is familiar with the Local Rules of this Court. Signed by Judge Colleen Kollar-Kotelly on 5/10/16. (dot) (Entered: 05/10/2016)
2016-05-117NOTICE of Appearance by Ryan Patrick Mulvey on behalf of CAUSE OF ACTION INSTITUTE (Mulvey, Ryan) (Entered: 05/11/2016)
2016-05-118ORDER Establishing Procedures for Cases Assigned to Judge Colleen Kollar-Kotelly. Signed by Judge Colleen Kollar-Kotelly on May 11, 2016. (NS) (Entered: 05/11/2016)
2016-05-129NOTICE of Familiarity with Local Rules by CAUSE OF ACTION INSTITUTE (Attachments: # 1 Declaration Lechner Declaration & Notice)(Vecchione, John) (Entered: 05/12/2016)
2016-06-0710RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. DEPARTMENT OF DEFENSE served on 5/12/2016; DEPARTMENT OF ENERGY served on 5/12/2016; DEPARTMENT OF HEALTH AND HUMAN SERVICES served on 5/12/2016; DEPARTMENT OF HOMELAND SECURITY served on 5/12/2016; DEPARTMENT OF JUSTICE served on 5/13/2016; DEPARTMENT OF STATE served on 5/13/2016; DEPARTMENT OF THE INTERIOR served on 5/12/2016; DEPARTMENT OF THE TREASURY served on 5/13/2016; DEPARTMENT OF TRANSPORTATION served on 5/18/2016; W. NEIL EGGLESTON served on 5/17/2016; ENVIRONMENTAL PROTECTION AGENCY served on 5/12/2016; INTERNAL REVENUE SERVICE served on 5/12/2016; OFFICE OF THE WHITE HOUSE COUNSEL served on 5/17/2016 (Mulvey, Ryan) (Entered: 06/07/2016)
2016-06-0711RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 5/13/2016. (Mulvey, Ryan) (Entered: 06/07/2016)
2016-06-0712RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 5/16/2016. Answer due for ALL FEDERAL DEFENDANTS by 6/15/2016. (Mulvey, Ryan) (Entered: 06/07/2016)
2016-06-0913NOTICE of Appearance by Julie Straus Harris on behalf of All Defendants (Straus Harris, Julie) (Entered: 06/09/2016)
2016-06-0914Consent MOTION for Extension of Time to File Answer re 1 Complaint,,,,,, by DEPARTMENT OF DEFENSE, DEPARTMENT OF ENERGY, DEPARTMENT OF HEALTH AND HUMAN SERVICES, DEPARTMENT OF HOMELAND SECURITY, DEPARTMENT OF JUSTICE, DEPARTMENT OF STATE, DEPARTMENT OF THE INTERIOR, DEPARTMENT OF THE TREASURY, DEPARTMENT OF TRANSPORTATION, W. NEIL EGGLESTON, ENVIRONMENTAL PROTECTION AGENCY, INTERNAL REVENUE SERVICE, OFFICE OF THE WHITE HOUSE COUNSEL (Attachments: # 1 Text of Proposed Order)(Straus Harris, Julie) (Entered: 06/09/2016)
2016-06-0915ORDER granting 14 Unopposed Motion for Extension of Time to Respond to the Complaint. Defendants shall file their responses to the Complaint no later than 7/15/2016. Signed by Judge Colleen Kollar-Kotelly on 6/9/16. (dot) (Entered: 06/10/2016)
2016-07-1516MOTION to Dismiss Defendants' Partial Motion to Dismiss by DEPARTMENT OF DEFENSE, DEPARTMENT OF ENERGY, DEPARTMENT OF HEALTH AND HUMAN SERVICES, DEPARTMENT OF HOMELAND SECURITY, DEPARTMENT OF JUSTICE, DEPARTMENT OF STATE, DEPARTMENT OF THE INTERIOR, DEPARTMENT OF THE TREASURY, DEPARTMENT OF TRANSPORTATION, W. NEIL EGGLESTON, ENVIRONMENTAL PROTECTION AGENCY, INTERNAL REVENUE SERVICE, OFFICE OF THE WHITE HOUSE COUNSEL (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order)(Straus Harris, Julie) (Entered: 07/15/2016)
2016-08-0117Memorandum in opposition to re 16 MOTION to Dismiss Defendants' Partial Motion to Dismiss filed by CAUSE OF ACTION INSTITUTE. (Attachments: # 1 Text of Proposed Order Proposed Order)(Vecchione, John) (Entered: 08/01/2016)
2016-08-0518Unopposed MOTION for Extension of Time to File Response/Reply as to 16 MOTION to Dismiss Defendants' Partial Motion to Dismiss by DEPARTMENT OF DEFENSE, DEPARTMENT OF ENERGY, DEPARTMENT OF HEALTH AND HUMAN SERVICES, DEPARTMENT OF HOMELAND SECURITY, DEPARTMENT OF JUSTICE, DEPARTMENT OF STATE, DEPARTMENT OF THE INTERIOR, DEPARTMENT OF THE TREASURY, DEPARTMENT OF TRANSPORTATION, W. NEIL EGGLESTON, ENVIRONMENTAL PROTECTION AGENCY, INTERNAL REVENUE SERVICE, OFFICE OF THE WHITE HOUSE COUNSEL (Attachments: # 1 Text of Proposed Order)(Straus Harris, Julie) (Entered: 08/05/2016)
2016-08-05MINUTE ORDER (Paperless). Upon consideration of Defendants' 18 Unopposed Motion for an Extension of Time to File Their Reply Memorandum in Support of Defendants' Partial Motion to Dismiss, it is hereby ORDERED that the motion is GRANTED, and it is further ORDERED that defendants shall file their reply memorandum no later than August 25, 2016. Signed by Judge Colleen Kollar-Kotelly on 8/5/2016. (lcckk1) (Entered: 08/05/2016)
2016-08-08Set/Reset Deadlines: Defendants shall file their reply memorandum no later than 8/25/2016. (kt) (Entered: 08/08/2016)
2016-08-2519REPLY to opposition to motion re 16 MOTION to Dismiss Defendants' Partial Motion to Dismiss filed by DEPARTMENT OF DEFENSE, DEPARTMENT OF ENERGY, DEPARTMENT OF HEALTH AND HUMAN SERVICES, DEPARTMENT OF HOMELAND SECURITY, DEPARTMENT OF JUSTICE, DEPARTMENT OF STATE, DEPARTMENT OF THE INTERIOR, DEPARTMENT OF THE TREASURY, DEPARTMENT OF TRANSPORTATION, W. NEIL EGGLESTON, ENVIRONMENTAL PROTECTION AGENCY, INTERNAL REVENUE SERVICE, OFFICE OF THE WHITE HOUSE COUNSEL. (Straus Harris, Julie) (Entered: 08/25/2016)
2016-11-2320NOTICE OF WITHDRAWAL OF APPEARANCE as to CAUSE OF ACTION INSTITUTE. Attorney Alfred J. Lechner, Jr terminated. (Steven, Lee) (Entered: 11/23/2016)
2016-11-23MINUTE ORDER. The parties are ORDERED to file a Joint Status Report informing the Court of the status of the processing of each of Plaintiff's FOIA requests at issue in this case by no later than CLOSE OF BUSINESS on NOVEMBER 28, 2016. Signed by Judge Colleen Kollar-Kotelly on 11/23/2016. (lcckk3) (Entered: 11/23/2016)
2016-11-2821Joint STATUS REPORT by DEPARTMENT OF DEFENSE, DEPARTMENT OF ENERGY, DEPARTMENT OF HEALTH AND HUMAN SERVICES, DEPARTMENT OF HOMELAND SECURITY, DEPARTMENT OF JUSTICE, DEPARTMENT OF STATE, DEPARTMENT OF THE INTERIOR, DEPARTMENT OF THE TREASURY, DEPARTMENT OF TRANSPORTATION, W. NEIL EGGLESTON, ENVIRONMENTAL PROTECTION AGENCY, INTERNAL REVENUE SERVICE, OFFICE OF THE WHITE HOUSE COUNSEL. (Straus Harris, Julie) (Entered: 11/28/2016)
2016-12-1522ORDER GRANTING Defendants' 16 Partial Motion to Dismiss. Signed by Judge Colleen Kollar-Kotelly on 12/15/2016. (lcckk3) (Entered: 12/15/2016)
2016-12-1523MEMORANDUM OPINION re 22 Order Granting Defendants' Partial Motion to Dismiss. Signed by Judge Colleen Kollar-Kotelly on 12/15/2016. (lcckk3) (Entered: 12/15/2016)
2016-12-2924ANSWER to Complaint by DEPARTMENT OF DEFENSE, DEPARTMENT OF ENERGY, DEPARTMENT OF HEALTH AND HUMAN SERVICES, DEPARTMENT OF HOMELAND SECURITY, DEPARTMENT OF JUSTICE, DEPARTMENT OF STATE, DEPARTMENT OF THE INTERIOR, DEPARTMENT OF THE TREASURY, DEPARTMENT OF TRANSPORTATION, ENVIRONMENTAL PROTECTION AGENCY, INTERNAL REVENUE SERVICE.(Straus Harris, Julie) (Entered: 12/29/2016)
2017-01-1325Joint STATUS REPORT by DEPARTMENT OF DEFENSE, DEPARTMENT OF ENERGY, DEPARTMENT OF HEALTH AND HUMAN SERVICES, DEPARTMENT OF HOMELAND SECURITY, DEPARTMENT OF JUSTICE, DEPARTMENT OF STATE, DEPARTMENT OF THE INTERIOR, DEPARTMENT OF THE TREASURY, DEPARTMENT OF TRANSPORTATION, W. NEIL EGGLESTON, ENVIRONMENTAL PROTECTION AGENCY, INTERNAL REVENUE SERVICE, OFFICE OF THE WHITE HOUSE COUNSEL. (Straus Harris, Julie) (Entered: 01/13/2017)
2017-01-17MINUTE ORDER. The Court is in receipt of the parties' 25 Joint Status Report. The parties represent that five of the Defendant agenciesDOI, DOT, EPA, IRS and Treasuryhave produced responsive records and provided a final response to Plaintiff. The parties further represent that Defendant DOD intends to provide Plaintiff with documents and a final response by no later than January 31, 2017. Defendant DOE intends to provide Plaintiff with documents and a final response by no later than February 15, 2017. Defendant DHS intends to provide Plaintiff with documents and a final response by no later than May 31, 2017. Defendant DOJ intends to provide Plaintiff with documents and a final response by no later than March 31, 2017. Defendant HHS intends to provide Plaintiff with documents and a final response to two of Plaintiff's requests by no later than February 15, 2017 and February 28, 2017, respectively. Defendant HHS asks to be permitted to submit an updated status report as to the status of the third request on March 15, 2017. Defendant State similarly asks to be permitted to file an updated status report on February 15, 2017. The parties ask to be permitted to file different status reports at different times with regard to the various different agencies in this case. The Court finds this approach unwieldy. Instead, the parties are ORDERED to file another Joint Status Report regarding all of the requests still at issue in this case by February 15, 2017. That report should address all of the same topics the parties were ordered to address in their 25 Status Report. Signed by Judge Colleen Kollar-Kotelly on 1/17/2017. (lcckk3) (Entered: 01/17/2017)
2017-01-17Set/Reset Deadlines: Joint Status Report due by 2/15/2017. (dot) (Entered: 01/24/2017)
2017-02-1526Joint STATUS REPORT by DEPARTMENT OF DEFENSE, DEPARTMENT OF ENERGY, DEPARTMENT OF HEALTH AND HUMAN SERVICES, DEPARTMENT OF HOMELAND SECURITY, DEPARTMENT OF JUSTICE, DEPARTMENT OF STATE, DEPARTMENT OF THE INTERIOR, DEPARTMENT OF THE TREASURY, DEPARTMENT OF TRANSPORTATION, W. NEIL EGGLESTON, ENVIRONMENTAL PROTECTION AGENCY, INTERNAL REVENUE SERVICE, OFFICE OF THE WHITE HOUSE COUNSEL. (Straus Harris, Julie) (Entered: 02/15/2017)
2017-02-15MINUTE ORDER. The Court is in receipt of the parties' 26 Joint Status Report. The parties represent that six of the Defendant agenciesDOE, DOI, DOT, EPA, IRS and Treasuryhave produced responsive records and provided a final response to Plaintiff. The parties further represent that Defendant DOD intends to provide Plaintiff with a final response by no later than March 31, 2017. Defendant DHS intends to provide Plaintiff with a final response by no later than May 31, 2017. Defendant DOJ intends to provide Plaintiff with a final response by no later than March 31, 2017. Defendant HHS intends to provide Plaintiff with a final response to two of Plaintiff's requests by no later than February 28, 2017. Defendant HHS asks to be permitted to submit an updated status report as to the status of the third request with the parties' next joint status report. Defendant State similarly asks to be permitted to file an updated status report with the parties' next joint status report. The parties are ORDERED to file another joint status report regarding all of the requests still at issue in this case by MARCH 31, 2017. That report should address all of the same topics the parties were ordered to address in their 26 Status Report. Signed by Judge Colleen Kollar-Kotelly on 2/15/2017. (lcckk3) (Entered: 02/15/2017)
2017-02-15Set/Reset Deadlines: Joint Status Report due by 3/31/2017. (dot) (Entered: 02/16/2017)
2017-03-3127Joint STATUS REPORT by DEPARTMENT OF DEFENSE, DEPARTMENT OF ENERGY, DEPARTMENT OF HEALTH AND HUMAN SERVICES, DEPARTMENT OF HOMELAND SECURITY, DEPARTMENT OF JUSTICE, DEPARTMENT OF STATE, DEPARTMENT OF THE INTERIOR, DEPARTMENT OF THE TREASURY, DEPARTMENT OF TRANSPORTATION, W. NEIL EGGLESTON, ENVIRONMENTAL PROTECTION AGENCY, INTERNAL REVENUE SERVICE, OFFICE OF THE WHITE HOUSE COUNSEL. (Straus Harris, Julie) (Entered: 03/31/2017)
2017-04-03MINUTE ORDER. The Court is in receipt of the parties' 27 Joint Status Report. The parties represent that eight of the Defendant agenciesDOD, DOE, DOI, DOT, EPA, HHS, IRS and Treasuryhave produced responsive records and provided final responses to Plaintiff. The parties further represent that Defendant DHS will make its best efforts to provide Plaintiff with a final response by no later than May 31, 2017. Defendant DOJ will make its best efforts to provide Plaintiff with a final response by no later than April 22, 2017. Defendant State will make its best efforts to provide Plaintiff with a final response by no later than May 31, 2017. With respect to the remaining outstanding FOIA request to Defendant HHS, HHS will make its best efforts to provide Plaintiff with an interim response by no later than May 15, 2017 and asks to be permitted to submit an updated status report regarding the processing of this request with the parties' next joint status report. The parties are ORDERED to file another joint status report regarding all of the requests still at issue in this case by JUNE 5, 2017. That report should address all of the same topics the parties were ordered to address in their 27 Status Report. 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 6/5/2017. (dot) (Entered: 04/04/2017)
2017-06-0528Joint STATUS REPORT by DEPARTMENT OF DEFENSE, DEPARTMENT OF ENERGY, DEPARTMENT OF HEALTH AND HUMAN SERVICES, DEPARTMENT OF HOMELAND SECURITY, DEPARTMENT OF JUSTICE, DEPARTMENT OF STATE, DEPARTMENT OF THE INTERIOR, DEPARTMENT OF THE TREASURY, DEPARTMENT OF TRANSPORTATION, W. NEIL EGGLESTON, ENVIRONMENTAL PROTECTION AGENCY, INTERNAL REVENUE SERVICE, OFFICE OF THE WHITE HOUSE COUNSEL. (Straus Harris, Julie) (Entered: 06/05/2017)
2017-06-06MINUTE ORDER. The Court is in receipt of the parties' 28 Joint Status Report. The parties represent that nine of the Defendant agencies-DOD, DOE, DOI, DOJ, DOT, EPA, HHS, IRS and Treasury-have produced responsive records and provided final responses to Plaintiff. The parties further represent that Defendant DHS will make its best efforts to provide Plaintiff with a final response by no later than June 9, 2017. Defendant State will make its best efforts to provide Plaintiff with a final response by no later than July 17, 2017. With respect to the remaining outstanding FOIA request to Defendant HHS, HHS asks to be permitted to submit an updated status report regarding the processing of this request with the parties' next joint status report. The parties are ORDERED to file another joint status report regarding all of the requests still at issue in this case by JULY 31, 2017. That report should address all of the same topics the parties were ordered to address in their 28 Status Report. Signed by Judge Colleen Kollar-Kotelly on 6/6/2017. (lcckk3) (Entered: 06/06/2017)
2017-06-06Set/Reset Deadlines: Joint Status Report due by 7/31/2017. (dot) (Entered: 06/06/2017)
2017-07-3129Joint STATUS REPORT by DEPARTMENT OF DEFENSE, DEPARTMENT OF ENERGY, DEPARTMENT OF HEALTH AND HUMAN SERVICES, DEPARTMENT OF HOMELAND SECURITY, DEPARTMENT OF JUSTICE, DEPARTMENT OF STATE, DEPARTMENT OF THE INTERIOR, DEPARTMENT OF THE TREASURY, DEPARTMENT OF TRANSPORTATION, W. NEIL EGGLESTON, ENVIRONMENTAL PROTECTION AGENCY, INTERNAL REVENUE SERVICE, OFFICE OF THE WHITE HOUSE COUNSEL. (Straus Harris, Julie) (Entered: 07/31/2017)
2017-08-01MINUTE ORDER. The Court is in receipt of the parties' 29 Joint Status Report. The parties represent that nine of the Defendant agenciesDHS, DOD, DOE, DOI, DOJ, DOT, EPA, IRS and Treasuryhave produced responsive records and provided final responses to Plaintiff. The parties further represent that Defendant State will make its best efforts to provide Plaintiff with a final response by no later than August 14, 2017. With respect to the remaining outstanding FOIA request to Defendant HHS, HHS asks to be permitted to submit an updated status report regarding the processing of this request with the parties' next joint status report. The parties are ORDERED to file another joint status report regarding all of the requests still at issue in this case by OCTOBER 10, 2017. That report should address all of the same topics the parties were ordered to address in their 29 Status Report. Signed by Judge Colleen Kollar-Kotelly on 8/1/2017. (lcckk3) (Entered: 08/01/2017)
2017-08-01Set/Reset Deadlines: Joint Status Report due by 10/10/2017. (dot) (Entered: 08/02/2017)
2017-10-1030Joint STATUS REPORT by DEPARTMENT OF DEFENSE, DEPARTMENT OF ENERGY, DEPARTMENT OF HEALTH AND HUMAN SERVICES, DEPARTMENT OF HOMELAND SECURITY, DEPARTMENT OF JUSTICE, DEPARTMENT OF STATE, DEPARTMENT OF THE INTERIOR, DEPARTMENT OF THE TREASURY, DEPARTMENT OF TRANSPORTATION, ENVIRONMENTAL PROTECTION AGENCY, INTERNAL REVENUE SERVICE. (Straus Harris, Julie) (Entered: 10/10/2017)
2017-10-11MINUTE ORDER. The Court is in receipt of the parties' 30 Joint Status Report. The parties represent that ten of the Defendant agenciesDHS, DOD, DOE, DOI, DOJ, DOT, EPA, IRS, State and Treasuryhave produced responsive records and provided final responses to Plaintiff. With respect to the remaining outstanding FOIA request to Defendant HHS, HHS asks to be permitted to submit an updated status report regarding the processing of this request with the parties' next joint status report. The parties are ORDERED to file another joint status report regarding all of the requests still at issue in this case by DECEMBER 8, 2017. That report should address all of the same topics the parties were ordered to address in their 30 Status Report. Signed by Judge Colleen Kollar-Kotelly on 10/11/2017. (lcckk3) (Entered: 10/11/2017)
2017-10-11Set/Reset Deadlines: Joint Status Report regarding all of the requests still at issue due by 12/8/2017. (dot) (Entered: 10/13/2017)
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