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Case TitleDUTTON et al v. U.S. DEPARTMENT OF JUSTICE
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2016cv01496
Date Filed2016-07-21
Date ClosedOpen
JudgeJudge Amy Berman Jackson
PlaintiffWILLIAM WESLEY DUTTON
PlaintiffJUDICIAL WATCH, INC.
Case DescriptionWilliam Dutton and Judicial Watch submitted identical FOIA requests to the Department of Justice Office of Inspector General in Washington and El Paso, TX for records concerning Dutton. Dutton and Judicial Watch also submitted FOIA requests to the FBI for records concerning Dutton. The Washington OIG provided a partial response in which it disclosed eight pages and indicated that other records were being referred to the FBI. The FBI responded by indicating that it was processing the records from OIG. Dutton and Judicial Watch received no response to from the IG's office in El Paso. Dutton and Judicial Watch then filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Vaughn index, Litigation - Attorney's fees

DefendantU.S. DEPARTMENT OF JUSTICE
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2016-07-211COMPLAINT against U.S. DEPARTMENT OF JUSTICE ( Filing fee $ 400 receipt number 0090-4613125) filed by WILLIAM WESLEY DUTTON. (Attachments: # 1 Civil Cover Sheet, # 2 Summons U.S. Department of Justice, # 3 Summons U.S. Attorney, # 4 Summons U.S. Attorney General)(Orfanedes, Paul) (Entered: 07/21/2016)
2016-07-212LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by JUDICIAL WATCH, INC. (Orfanedes, Paul) (Entered: 07/21/2016)
2016-07-22Case Assigned to Judge Amy Berman Jackson. (sb) (Entered: 07/22/2016)
2016-07-223SUMMONS (3) Issued Electronically as to U.S. DEPARTMENT OF JUSTICE, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Consent Form)(sb) (Entered: 07/22/2016)
2016-07-264RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 7/26/2016. ( Answer due for ALL FEDERAL DEFENDANTS by 8/25/2016.), RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 07/26/16., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF JUSTICE served on 7/26/2016 (Attachments: # 1 Declaration of Cristina Rotaru)(Orfanedes, Paul) (Entered: 07/26/2016)
2016-08-025NOTICE of Appearance by William Mark Nebeker on behalf of U.S. DEPARTMENT OF JUSTICE (Nebeker, William) (Entered: 08/02/2016)
2016-08-026NOTICE of Appearance by Ramona Raula Cotca on behalf of All Plaintiffs (Cotca, Ramona) (Entered: 08/02/2016)
2016-08-247ANSWER to Complaint by U.S. DEPARTMENT OF JUSTICE.(Nebeker, William) (Entered: 08/24/2016)
2016-08-24MINUTE ORDER. Before the Court in this FOIA case are a complaint and an answer. The requirements of Local Civil Rule 16.3 and Rule 26(f) of the Federal Rules of Civil Procedure appear to be inapplicable. Defendant shall file a dispositive motion or, in the alternative, a report setting forth the schedule for the completion of its production of documents to plaintiffs on or before September 21, 2016. SO ORDERED. Signed by Judge Amy Berman Jackson on 8/24/2016. (lcabj3) (Entered: 08/24/2016)
2016-09-218STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Nebeker, William) (Entered: 09/21/2016)
2016-09-22MINUTE ORDER. In light of defendant's 8 status report, the parties shall file a joint status report by December 12, 2016, setting forth a schedule for further proceedings, if necessary. SO ORDERED. Signed by Judge Amy Berman Jackson on 9/22/2016.(lcabj3) (Entered: 09/22/2016)
2016-12-129Joint STATUS REPORT by WILLIAM WESLEY DUTTON, JUDICIAL WATCH, INC.. (Cotca, Ramona) (Entered: 12/12/2016)
2016-12-12MINUTE ORDER. In light of the 9 joint status report, defendant's motion for summary judgment shall be filed by February 28, 2017. Plaintiffs' opposition, combined with any cross-motion and supported by a single memorandum of points and authorities, shall be filed by March 31, 2017. Defendant's reply and cross-opposition, supported by a single memorandum of points and authorities, shall be filed by May 1, 2017. Plaintiffs' cross-reply, if necessary, shall be filed by May 19, 2017. SO ORDERED. Signed by Judge Amy Berman Jackson on 12/12/2016. (lcabj3) (Entered: 12/12/2016)
2017-02-2210Unopposed MOTION for Extension of Time to Extend Summary Judgment Schedule re 1 Complaint, by U.S. DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Nebeker, William) Modified text per chambers on 2/23/2017 (td). (Entered: 02/22/2017)
2017-02-23MINUTE ORDER granting defendant's 10 unopposed motion for an extension of time. Defendant's motion for summary judgment shall be filed by April 26, 2017. Plaintiffs' opposition, combined with any cross-motion and supported by a single memorandum of points and authorities, shall be filed by May 26, 2017. Defendant's reply, combined with any cross-opposition and supported by a single memorandum of points and authorities, shall be filed by June 28, 2017. And plaintiffs' cross reply shall be filed by July 19, 2017. SO ORDERED. Signed by Judge Amy Berman Jackson on 2/23/2017. (lcabj3) (Entered: 02/23/2017)
2017-04-2511Unopposed MOTION for Extension of Time to File Dispositive Motion by U.S. DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Nebeker, William) (Entered: 04/25/2017)
2017-04-26MINUTE ORDER granting defendant's 11 unopposed motion for an extension of time. Defendant's motion for summary judgment shall be filed by May 3, 2017. Plaintiffs' opposition, combined with any cross-motion and supported by a single memorandum of points and authorities, shall be filed by June 2, 2017. Defendant's reply, combined with any cross-opposition and supported by a single memorandum of points and authorities, shall be filed by July 7, 2017. And plaintiffs' cross-reply, if any, shall be filed by July 28, 2017. SO ORDERED. Signed by Judge Amy Berman Jackson on 4/26/2017. (lcabj3) (Entered: 04/26/2017)
2017-05-0312MOTION for Extension of Time to File Dispositive Motion by U.S. DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Nebeker, William) (Entered: 05/03/2017)
2017-05-0313NOTICE OF SUPPLEMENTAL AUTHORITY by U.S. DEPARTMENT OF JUSTICE (Nebeker, William) (Entered: 05/03/2017)
2017-05-03MINUTE ORDER granting defendant's 12 unopposed motion for an extension of time. Defendant's motion for summary judgment shall be filed by May 8, 2017. Plaintiffs' opposition, combined with any cross-motion and supported by a single memorandum of points and authorities, shall be filed by June 7, 2017. Defendant's reply, combined with any cross-opposition and supported by a single memorandum of points and authorities, shall be filed by July 12, 2017. And plaintiffs' cross-reply, if necessary, shall be filed by August 2, 2017. SO ORDERED. Signed by Judge Amy Berman Jackson on 5/3/2017. (lcabj3) (Entered: 05/03/2017)
2017-05-0814MOTION to Dismiss Or, In The Alternative , MOTION for Summary Judgment by U.S. DEPARTMENT OF JUSTICE (Attachments: # 1 Declaration Deborah M. Waller (OIG), # 2 Declaration Davod M. Hardy (Public), # 3 Exhibit 1 (5/8/17 email), # 4 Text of Proposed Order)(Nebeker, William) (Entered: 05/08/2017)
2017-05-0815Unopposed MOTION Leave To File Unredacted Declaration Ex Parte and In Camera re 14 MOTION for Summary Judgment MOTION to Dismiss Or, In The Alternative by U.S. DEPARTMENT OF JUSTICE (Attachments: # 1 Declaration Davis M. Hardy (Redacted Ex Parte, In Camera), # 2 Text of Proposed Order)(Nebeker, William) (Entered: 05/08/2017)
2017-05-09MINUTE ORDER granting defendant's 15 unopposed motion to file the unredacted declaration of Davis M. Hardy ex parte and under seal. Defendant is directed to present the unredacted document to the court security information officer. SO ORDERED. Signed by Judge Amy Berman Jackson on 5/9/2017. (lcabj3) (Entered: 05/09/2017)
2017-05-0917SEALED DOCUMENT(Declaration of Davis M. Hardy) filed by U.S. DEPARTMENT OF JUSTICE. re Order on Motion for Miscellaneous Relief,. (This document is SEALED and only available to authorized persons.)(ztd) (Entered: 05/10/2017)
2017-05-1016NOTICE (Notice of In Camera, Ex Parte Submission) by U.S. DEPARTMENT OF JUSTICE re Order on Motion for Miscellaneous Relief, (Nebeker, William) (Entered: 05/10/2017)
2017-06-0518Unopposed MOTION for Extension of Time to File Response/Reply as to 14 MOTION for Summary Judgment MOTION to Dismiss Or, In The Alternative by WILLIAM WESLEY DUTTON, JUDICIAL WATCH, INC. (Attachments: # 1 Text of Proposed Order)(Cotca, Ramona) (Entered: 06/05/2017)
2017-06-05MINUTE ORDER granting the parties' 18 consent motion for an extension of time. Plaintiffs' opposition, combined with any cross-motion and supported by a single memorandum of points and authorities, shall be filed by June 23, 2017. Defendant's reply in support of its motion, combined with any cross-opposition and supported by a single memorandum of points and authorities, shall be filed shall be filed by August 1, 2017. Plaintiffs' cross-reply, if necessary, shall be filed by August 22, 2017. The Court notes that the time for both replies is much longer than what is contemplated by the Local Rules and the Court's usual more generous practice, so there should not be a need for additional extensions of those dates. SO ORDERED. Signed by Judge Amy Berman Jackson on 6/5/2017. (lcabj3) (Entered: 06/05/2017)
2017-06-06Set/Reset Deadlines: Plaintiffs' opposition, combined with any cross-motion and supported by a single memorandum of points and authorities, due 6/23/2017; Defendant's reply in support of its motion, combined with any cross-opposition and supported by a single memorandum of points and authorities, due 8/1/2017; Plaintiffs' cross-reply, if necessary, due 8/22/2017. (kt) (Entered: 06/06/2017)
2017-06-2319Memorandum in opposition to re 14 MOTION for Summary Judgment MOTION to Dismiss Or, In The Alternative with Plaintiffs' Response to Defendant's Statement of Facts and Plaintiff's Statement of Undisputed Facts filed by WILLIAM WESLEY DUTTON, JUDICIAL WATCH, INC.. (Attachments: # 1 Declaration Christopher J. Farrell with Exhibits, # 2 Declaration Michael J. Sharkey, # 3 Text of Proposed Order)(Cotca, Ramona) (Entered: 06/23/2017)
2017-06-2320Cross MOTION for Summary Judgment with Plaintiffs' Statement of Undisputed Facts and Response to Defendant's Statement of Material Facts by WILLIAM WESLEY DUTTON, JUDICIAL WATCH, INC. (Attachments: # 1 Declaration Christopher J. Farrell with Exhibits, # 2 Declaration Michael J. Sharkey, # 3 Text of Proposed Order)(Cotca, Ramona) (Entered: 06/23/2017)
2017-06-2321SEALED MOTION FOR LEAVE TO FILE DOCUMENT UNDER SEAL filed by WILLIAM WESLEY DUTTON, JUDICIAL WATCH, INC. (This document is SEALED and only available to authorized persons.) (Attachments: # 1 Exhibit Exhibit under Seal with partial redactions, # 2 Text of Proposed Order)(Cotca, Ramona) (Entered: 06/23/2017)
2017-06-26MINUTE ORDER granting plaintiff's 21 unopposed motion for leave to file under seal. The Clerk of Court is directed to docket the [Dkt. # 21-1] exhibit to plaintiff's opposition and cross motion UNDER SEAL. SO ORDERED. Signed by Judge Amy Berman Jackson on 6/26/2017. (lcabj3) (Entered: 06/26/2017)
2017-06-2622SEALED EXHIBIT filed by WILLIAM WESLEY DUTTON, JUDICIAL WATCH, INC.. RE 19 Memorandum in opposition to re 14 MOTION for Summary Judgment MOTION to Dismiss; 20 Cross MOTION for Summary Judgment(This document is SEALED and only available to authorized persons.) (zjf) (Main Document 22 replaced on 6/27/2017) (zjth). (Entered: 06/27/2017)
2017-08-0123Unopposed MOTION for Extension of Time to File Response/Reply as to 20 Cross MOTION for Summary Judgment with Plaintiffs' Statement of Undisputed Facts and Response to Defendant's Statement of Material Facts , 14 MOTION for Summary Judgment MOTION to Dismiss Or, In The Alternative by U.S. DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Nebeker, William) (Entered: 08/01/2017)
2017-08-02MINUTE ORDER granting defendant's 23 unopposed motion for an extension of time. Defendant's reply in support of its motion, combined with any cross-opposition and supported by a single memorandum of points and authorities, shall be filed by August 16, 2017. Plaintiffs' cross-reply shall be filed by September 14, 2017. SO ORDERED. Signed by Judge Amy Berman Jackson on 8/2/2017. (lcabj3) (Entered: 08/02/2017)
2017-08-1624REPLY to opposition to motion re 14 MOTION for Summary Judgment MOTION to Dismiss Or, In The Alternative For Summary Judgment filed by U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Declaration Second Hardy, # 2 Declaration Second Waller, # 3 Text of Proposed Order)(Nebeker, William) Modified link on 8/17/2017 (znmw). (Entered: 08/16/2017)
2017-08-1625Memorandum in opposition to re 20 Cross MOTION for Summary Judgment with Plaintiffs' Statement of Undisputed Facts and Response to Defendant's Statement of Material Facts (See ECF No. 24 for attachments) filed by U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order)(Nebeker, William) (Entered: 08/16/2017)
2017-08-1626MOTION For Leave To Submit Second Declaration In Camera, Ex Parte re 25 Memorandum in Opposition, 24 Reply to opposition to Motion, by U.S. DEPARTMENT OF JUSTICE (Attachments: # 1 Declaration Redacted Second In Camera, Ex Parte Hardy, # 2 Text of Proposed Order)(Nebeker, William) (Entered: 08/16/2017)
2017-08-31MINUTE ORDER granting defendant's 26 motion to submit the unredacted declaration of David M. Hardy in camera and ex parte. "[T]he receipt of in camera affidavits is... 'part of a trial judge's procedural arsenal.'" Arieff v. U.S. Dep't of Navy, 712 F.2d 1462, 1469 (D.C. Cir. 1983), quoting United States v. Southard, 700 F.2d 1, 11 (1st Cir. 1983). The unredacted declaration shall be submitted by September 8, 2017. SO ORDERED. Signed by Judge Amy Berman Jackson on 8/31/2017. (lcabj3) (Entered: 08/31/2017)
2017-09-03Set/Reset Deadlines: The unredacted declaration of David M. Hardy in camera and ex parte shall be submitted by 9/8/2017. (jth) (Entered: 09/03/2017)
2017-09-0827NOTICE (Notice of In Camera, Ex Parte Submission) by U.S. DEPARTMENT OF JUSTICE re Order on Motion for Miscellaneous Relief,, (Nebeker, William) (Entered: 09/08/2017)
2017-09-1428REPLY to opposition to motion re 20 Cross MOTION for Summary Judgment with Plaintiffs' Statement of Undisputed Facts and Response to Defendant's Statement of Material Facts filed by WILLIAM WESLEY DUTTON, JUDICIAL WATCH, INC.. (Cotca, Ramona) (Entered: 09/14/2017)
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