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Case TitleTRAUTMAN et al v. DEPARTMENT OF JUSTICE et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2016cv01629
Date Filed2016-08-11
Date ClosedOpen
JudgeJudge Dabney L. Friedrich
PlaintiffMARYELLEN TRAUTMAN
PlaintiffANTHONY CLARK
Case DescriptionMaryellen Trautman and Anthony Clark submitted FOIA requests to the Department of Justice and the National Archives. The agencies acknowledged receipt of the requests, but after hearing nothing further concerning the processing of their requests, Trautman and Clark filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantDEPARTMENT OF JUSTICE
DefendantNATIONAL ARCHIVES AND RECORDS ADMINISTRATION
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Opinion/Order [27]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2016-08-111COMPLAINT against DEPARTMENT OF JUSTICE, NATIONAL ARCHIVES AND RECORDS ADMINISTRATION ( Filing fee $ 400 receipt number 0090-4634968) filed by MARYELLEN TRAUTMAN, ANTHONY CLARK. (Attachments: # 1 Civil Cover Sheet, # 2 Summons NARA, # 3 Summons DOJ, # 4 Summons USADC, # 5 Summons USAG)(Moss, Bradley) (Entered: 08/11/2016)
2016-08-11Case Assigned to Judge Tanya S. Chutkan. (zsb) (Entered: 08/11/2016)
2016-08-112SUMMONS (4) Issued Electronically as to DEPARTMENT OF JUSTICE, NATIONAL ARCHIVES AND RECORDS ADMINISTRATION, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Consent Form)(zsb) (Entered: 08/11/2016)
2016-08-12MINUTE ORDER: Plaintiff Anthony Clark is reminded that Local Civil Rule 5.1(c)(1) provides that "[t]he first filing by or on behalf of a party shall have in the caption the name and full residence address of the party.... Failure to provide the address information within 30 days of filing may result in the dismissal of the case against the defendant." Should Plaintiff fail to comply with this rule by 9/12/16, the court may dismiss this claims asserted by him without further notice. Signed by Judge Tanya S. Chutkan on 8/12/16. (DJS) (Entered: 08/12/2016)
2016-08-223AMENDED COMPLAINT against DEPARTMENT OF JUSTICE, NATIONAL ARCHIVES AND RECORDS ADMINISTRATION filed by MARYELLEN TRAUTMAN, ANTHONY CLARK.(Moss, Bradley) (Entered: 08/22/2016)
2016-09-194MOTION for Leave to File Second Amended Complaint by ANTHONY CLARK, MARYELLEN TRAUTMAN (Attachments: # 1 Memorandum in Support, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Text of Proposed Order)(Moss, Bradley) (Entered: 09/19/2016)
2016-09-20MINUTE ORDER: Granting 4 Motion for Leave to File Second Amended Complaint. Plaintiffs shall file the Second Amended Complaint as a separate ECF entry no later than 9/23/16. Signed by Judge Tanya S. Chutkan on 9/20/16. (DJS) (Entered: 09/20/2016)
2016-09-20Set/Reset Deadlines: Amended Pleadings due by 9/23/2016. (zsm) (Entered: 09/20/2016)
2016-09-205Second AMENDED COMPLAINT against DEPARTMENT OF JUSTICE, NATIONAL ARCHIVES AND RECORDS ADMINISTRATION filed by MARYELLEN TRAUTMAN, ANTHONY CLARK.(Moss, Bradley) Modified to add text on 9/21/2016 (td). (Entered: 09/20/2016)
2016-10-206NOTICE of Re-Issuance of Summons by ANTHONY CLARK, MARYELLEN TRAUTMAN (Attachments: # 1 Summons USADC)(Moss, Bradley) (Entered: 10/20/2016)
2016-10-217SUMMONS (1) Reissued Electronically as to U.S. Attorney. (znmw) (Entered: 10/21/2016)
2016-11-038RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 10/31/2016. Answer due for ALL FEDERAL DEFENDANTS by 11/30/2016. (Attachments: # 1 Exhibit Certified Receipt)(Moss, Bradley) (Entered: 11/03/2016)
2016-11-149NOTICE of Appearance by Peter Bryce on behalf of DEPARTMENT OF JUSTICE, NATIONAL ARCHIVES AND RECORDS ADMINISTRATION (Bryce, Peter) (Entered: 11/14/2016)
2016-11-1410NOTICE of Appearance by Mark Steven Zaid on behalf of All Plaintiffs (Zaid, Mark) (Entered: 11/14/2016)
2016-11-3011MOTION to Dismiss Second Amended Complaint, In Part by DEPARTMENT OF JUSTICE (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Text of Proposed Order)(Bryce, Peter) (Entered: 11/30/2016)
2016-11-3012ANSWER to 5 Amended Complaint by NATIONAL ARCHIVES AND RECORDS ADMINISTRATION. Related document: 5 Amended Complaint filed by MARYELLEN TRAUTMAN, ANTHONY CLARK.(Bryce, Peter) (Entered: 11/30/2016)
2016-12-1413Memorandum in opposition to re 11 MOTION to Dismiss Second Amended Complaint, In Part filed by ANTHONY CLARK, MARYELLEN TRAUTMAN. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2 - Moss Declaration, # 3 Text of Proposed Order)(Moss, Bradley) (Entered: 12/14/2016)
2016-12-2114Joint MOTION to Stay Proceedings by DEPARTMENT OF JUSTICE, NATIONAL ARCHIVES AND RECORDS ADMINISTRATION (Attachments: # 1 Text of Proposed Order)(Bryce, Peter) (Entered: 12/21/2016)
2016-12-22MINUTE ORDER: Denying without prejudice 11 Motion to Dismiss; Granting 14 Joint Motion to Stay pending exhaustion of administrative remedies. This action is hereby STAYED until further order of this court. The parties shall file a Joint Status Report - along with a proposed order - by 2/22/17 and every 60 days thereafter. Signed by Judge Tanya S. Chutkan on 12/22/16. (DJS) (Entered: 12/22/2016)
2017-02-2215Joint STATUS REPORT and Proposed Order by DEPARTMENT OF JUSTICE, NATIONAL ARCHIVES AND RECORDS ADMINISTRATION. (Attachments: # 1 Text of Proposed Order)(Bryce, Peter) (Entered: 02/22/2017)
2017-02-22MINUTE ORDER: Upon consideration of the parties' Joint Status Report 15 , it is hereby ORDERED that Plaintiff may file an Amended Complaint by February 24, 2017. Defendants shall answer or otherwise respond to any new complaint by March 17, 2017. Signed by Judge Tanya S. Chutkan on 2/22/17. (DJS) (Entered: 02/22/2017)
2017-02-23Set/Reset Deadlines: Amended Complaint due by 2/24/2017. Answer due by 3/17/2017. (tb) (Entered: 02/23/2017)
2017-02-2416Consent MOTION for Leave to File Third Amended Complaint by ANTHONY CLARK, MARYELLEN TRAUTMAN (Attachments: # 1 Memorandum in Support, # 2 Exhibit 1 - Third Amended Complaint, # 3 Text of Proposed Order)(Moss, Bradley) (Entered: 02/24/2017)
2017-03-17MINUTE ORDER: Granting 16 Consent Motion for Leave to File Third Amended Complaint. Plaintiff shall file the Third Amended Complaint as a separate document by 3/21/17. Signed by Judge Tanya S. Chutkan on 3/17/17. (DJS) (Entered: 03/17/2017)
2017-03-1717THIRD AMENDED COMPLAINT against DEPARTMENT OF JUSTICE, NATIONAL ARCHIVES AND RECORDS ADMINISTRATION filed by MARYELLEN TRAUTMAN, ANTHONY CLARK.(Moss, Bradley) Modified on 3/20/2017 (jf). (Entered: 03/17/2017)
2017-03-1718ANSWER to 17 Third Amended Complaint by DEPARTMENT OF JUSTICE, NATIONAL ARCHIVES AND RECORDS ADMINISTRATION. Related document: 17 Amended Complaint filed by MARYELLEN TRAUTMAN, ANTHONY CLARK.(Bryce, Peter) . (Entered: 03/17/2017)
2017-04-04MINUTE ORDER: Before the Court in this FOIA case are a complaint and an answer. The requirements of LCvR 16.3 and Rule 26(f) of the Federal Rules of Civil procedure appear to be inapplicable. IT IS HEREBY ORDERED that the parties shall meet and confer and propose a schedule for proceeding in this matter. The schedule shall address the status of Plaintiffs' FOIA request, the anticipated number of documents responsive to Plaintiffs' FOIA request, the anticipated date(s) for release of the documents requested by Plaintiffs, whether a motion for an Open America stay is likely in this case, whether a Vaughn index will be required in this case, whether and when either party anticipates filing a dispositive motion, and any other pertinent issues. The parties shall file a joint status report that addresses these issues and that contains a proposed schedule and order not later than 4/21/17. Signed by Judge Tanya S. Chutkan on 4/4/17. (DJS) (Entered: 04/04/2017)
2017-04-05Set/Reset Deadlines: Joint Status Report due by 4/21/2017. (tb) (Entered: 04/05/2017)
2017-04-2119Joint STATUS REPORT by DEPARTMENT OF JUSTICE, NATIONAL ARCHIVES AND RECORDS ADMINISTRATION. (Attachments: # 1 Text of Proposed Order)(Bryce, Peter) (Entered: 04/21/2017)
2017-04-24MINUTE ORDER: Having considered the parties' Joint Status Report 19 , it is hereby ordered that the parties shall file a joint stipulation of dismissal or another joint status report and proposed order by July 12, 2017. Signed by Judge Tanya S. Chutkan on 4/24/17. (DJS) (Entered: 04/24/2017)
2017-04-25Set/Reset Deadlines: Joint Stipulation of Dismissal or Joint Status Report due by 7/12/2017. (tb) (Entered: 04/25/2017)
2017-07-1220Joint STATUS REPORT and Proposed Order by DEPARTMENT OF JUSTICE, NATIONAL ARCHIVES AND RECORDS ADMINISTRATION. (Attachments: # 1 Text of Proposed Order)(Bryce, Peter) (Entered: 07/12/2017)
2017-07-13MINUTE ORDER: Having considered the parties' Joint Status Report 20 , it is hereby ordered that the parties shall adhere to the following briefing schedule: Defendants' summary judgment brief shall be due October 2, 2017. Plaintiffs' responsive brief in opposition shall be due November 1, 2017. Defendants' reply brief shall be due November 24, 2017. Signed by Judge Tanya S. Chutkan on 7/13/17. (DJS) (Entered: 07/13/2017)
2017-07-14Set/Reset Deadlines: Summary Judgment motion due by 10/2/2017. Response to Motion for Summary Judgment due by 11/1/2017. Reply to Motion for Summary Judgment due by 11/24/2017. (gdf) (Entered: 07/14/2017)
2017-09-2621Consent MOTION for Extension of Time to file Summary Judgment Motion and to Modify Briefing Schedule by DEPARTMENT OF JUSTICE, NATIONAL ARCHIVES AND RECORDS ADMINISTRATION (Attachments: # 1 Text of Proposed Order)(Bryce, Peter) (Entered: 09/26/2017)
2017-09-27MINUTE ORDER: Granting 21 Consent Motion for Extension of Briefing Schedule. Defendants' summary judgment brief due October 16, 2017. Plaintiffs' response due November 15, 2017. Defendants' reply due December 8, 2017. Signed by Judge Tanya S. Chutkan on 9/27/17. (DJS) (Entered: 09/27/2017)
2017-09-27Set/Reset Deadlines: Summary Judgment motion due by 10/16/2017. Response to Motion for Summary Judgment due by 11/15/2017. Reply to Motion for Summary Judgment due by 12/8/2017. (tb) (Entered: 09/27/2017)
2017-10-0622Consent MOTION for Extension of Time to File Summary Judgment Motion and to Modify Briefing Schedule by DEPARTMENT OF JUSTICE, NATIONAL ARCHIVES AND RECORDS ADMINISTRATION (Attachments: # 1 Text of Proposed Order)(Bryce, Peter). Added MOTION to Modify on 10/10/2017 (znmw). (Entered: 10/06/2017)
2017-10-06MINUTE ORDER: Granting 22 Consent Motion for Extension of Time to File Motion for Summary Judgment. Defendants' summary judgment brief due October 30, 2017. Plaintiffs' response due November 29, 2017. Defendants' reply due December 22, 2017. Signed by Judge Tanya S. Chutkan on 10/6/17. (DJS) (Entered: 10/06/2017)
2017-10-10Set/Reset Deadlines: Summary Judgment motion due by 10/30/2017. Response to Motion for Summary Judgment due by 11/29/2017. Reply to Motion for Summary Judgment due by 12/22/2017. (tb) (Entered: 10/10/2017)
2017-10-3023MOTION for Summary Judgment by DEPARTMENT OF JUSTICE, NATIONAL ARCHIVES AND RECORDS ADMINISTRATION (Attachments: # 1 Text of Proposed Order, # 2 Declaration of John Simms, # 3 Declaration of Joseph Scanlon, # 4 Declaration of David Hardy, # 5 Declaration of Daniel Castellano, # 6 Declaration of Tricia Francis, # 7 Declaration of Theresa Jones, # 8 Declaration of Celeste Hart, # 9 Declaration of Tammy Zimmie, # 10 Statement of Facts)(Bryce, Peter) (Entered: 10/30/2017)
2017-11-2924Memorandum in opposition to re 23 MOTION for Summary Judgment filed by ANTHONY CLARK, MARYELLEN TRAUTMAN. (Attachments: # 1 Exhibit 1 - Moss Declaration, # 2 Statement of Facts Response, # 3 Text of Proposed Order)(Moss, Bradley) (Entered: 11/29/2017)
2017-12-04Case directly reassigned to Judge Dabney L. Friedrich. Judge Tanya S. Chutkan is no longer assigned to the case. (ztnr) (Entered: 12/04/2017)
2017-12-2225REPLY to opposition to motion re 23 MOTION for Summary Judgment filed by DEPARTMENT OF JUSTICE, NATIONAL ARCHIVES AND RECORDS ADMINISTRATION. (Bryce, Peter) (Entered: 12/22/2017)
2018-07-1726ORDER granting in part and denying in part without prejudice the defendants' 23 Motion for Summary Judgment. See order for details. Signed by Judge Dabney L. Friedrich on July 17, 2018. (JK) (Entered: 07/17/2018)
2018-07-1727MEMORANDUM OPINION regarding the defendants' 23 Motion for Summary Judgment. Signed by Judge Dabney L. Friedrich on July 17, 2018. (JK) (Entered: 07/17/2018)
2018-08-1028MOTION for Reconsideration in Part by NATIONAL ARCHIVES AND RECORDS ADMINISTRATION (Attachments: # 1 Text of Proposed Order)(Bryce, Peter) (Entered: 08/10/2018)
2018-08-15MINUTE ORDER vacating the August 17, 2018 deadline for the defendants' submission of supplemental or clarifying information pending resolution of the motion for reconsideration. Signed by Judge Dabney L. Friedrich on August 15, 2018. (JK) (Entered: 08/15/2018)
2018-08-2329Memorandum in opposition to re 28 MOTION for Reconsideration in Part filed by ANTHONY CLARK, MARYELLEN TRAUTMAN. (Attachments: # 1 Text of Proposed Order)(Moss, Bradley) (Entered: 08/23/2018)
2018-08-3030REPLY to opposition to motion re 28 MOTION for Reconsideration in Part filed by NATIONAL ARCHIVES AND RECORDS ADMINISTRATION. (Bryce, Peter) (Entered: 08/30/2018)
2018-10-3131MEMORANDUM OPINION AND ORDER denying 28 NARA'S Motion for Partial Reconsideration. See Memorandum Opinion and Order for details. Signed by Judge Dabney L. Friedrich on October 31, 2018. (JK) (Entered: 10/31/2018)
2018-11-0932RESPONSE TO ORDER OF THE COURT re 31 Order on Motion for Reconsideration , Supplemental Declaration of Joseph A. Scanlon filed by NATIONAL ARCHIVES AND RECORDS ADMINISTRATION. (Bryce, Peter) (Entered: 11/09/2018)
2018-11-09MINUTE ORDER. Upon consideration of the 32 Supplemental Declaration of Joseph A. Scanlon, the Court directs the parties to confer and submit a joint status report on or before November 30, 2018 indicating whether there are any remaining disputes and proposing a schedule for further proceedings, if necessary. Signed by Judge Dabney L. Friedrich on November 9, 2018. (JK) (Entered: 11/09/2018)
2018-11-3033Joint STATUS REPORT by NATIONAL ARCHIVES AND RECORDS ADMINISTRATION. (Bryce, Peter) (Entered: 11/30/2018)
2018-12-01MINUTE ORDER. Upon consideration of the parties' 33 Joint Status Report, the Court orders the parties to submit another joint status report on or before January 16, 2019. Signed by Judge Dabney L. Friedrich on December 1, 2018. (lcdlf2) (Entered: 12/01/2018)
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