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Case TitleJORDAN v. UNITED STATES DEPARTMENT OF LABOR
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2016cv01868
Date Filed2016-09-19
Date ClosedOpen
JudgeJudge Rudolph Contreras
PlaintiffJACK JORDAN
Case DescriptionJack Jordan, an attorney representing a client in a case against DynCorp International under the Longshore and Harbor Workers' Compensation Act, submitted several FOIA requests to the Department of Labor for emails forwarded by DynCorp's counsel to the administrative judge. The agency redacted records under Exemption 5 (privileges), claiming the attorney-client privilege. Jordan appealed several of the requests, which were upheld by the agency on appeal. Jordan then filed suit.
Complaint issues: Litigation - Attorney's fees

DefendantUNITED STATES DEPARTMENT OF LABOR
Documents
Docket
Complaint
Complaint attachment 1
Opinion/Order [39]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2016-09-191COMPLAINT against UNITED STATES DEPARTMENT OF LABOR ( Filing fee $ 400, receipt number 4616080566) filed by JACK JORDAN. (Attachments: # 1 Civil Cover Sheet)(jf) (Entered: 09/20/2016)
2016-09-19SUMMONS (3) Issued as to UNITED STATES DEPARTMENT OF LABOR, U.S. Attorney and U.S. Attorney General (jf) (Entered: 09/20/2016)
2016-09-262MOTION for CM/ECF Password by JACK JORDAN (jf) (Entered: 09/28/2016)
2016-10-143NOTICE of Appearance by Jason Todd Cohen on behalf of UNITED STATES DEPARTMENT OF LABOR (Cohen, Jason) (Entered: 10/14/2016)
2016-10-194ORDER granting 2 Motion for CM/ECF Password. See document for details. Signed by Judge Rudolph Contreras on 10/19/2016. (lcrc2) (Entered: 10/19/2016)
2016-10-255First MOTION for Extension of Time to File Answer re 1 Complaint by UNITED STATES DEPARTMENT OF LABOR (Attachments: # 1 Proposed Order)(Cohen, Jason) (Entered: 10/25/2016)
2016-10-26MINUTE ORDER: Upon consideration of 5 Defendant's Motion for Extension of Time to Answer or Otherwise Respond to Complaint, it is hereby ORDERED that 5 Defendant's Motion is GRANTED. It is FURTHER ORDERED that the Defendant shall file its Answer or otherwise respond to Complaint by November 28, 2016. SO ORDERED. Signed by Judge Rudolph Contreras on 10/26/2016. (lcrc2) (Entered: 10/26/2016)
2016-10-26Set/Reset Deadlines: Answer due by 11/28/2016. (tj) (Entered: 10/26/2016)
2016-11-146RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 9/27/2016. Answer due for ALL FEDERAL DEFENDANTS by 10/27/2016. (Attachments: # 1 Exhibit Return Receipt, # 2 Exhibit USPS Confirmation)(JORDAN, JACK) (Entered: 11/14/2016)
2016-11-147RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 9/26/2016. (Attachments: # 1 Exhibit Return Receipt)(JORDAN, JACK) (Entered: 11/14/2016)
2016-11-148RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES DEPARTMENT OF LABOR served on 9/27/2016 (Attachments: # 1 Exhibit Return Receipt)(JORDAN, JACK) (Entered: 11/14/2016)
2016-11-159MOTION for Summary Judgment by JACK JORDAN (Attachments: # 1 Exhibit A Declaration of J Jordan, # 2 Exhibit B Appendix Index of Documents, # 3 Text of Proposed Order)(JORDAN, JACK) (Entered: 11/15/2016)
2016-11-2210MOTION for Sanctions under FRCP Rule 11 by JACK JORDAN (Attachments: # 1 Declaration J Jordan with Exhibits 1 - 5, # 2 Text of Proposed Order)(JORDAN, JACK) (Entered: 11/22/2016)
2016-11-2211First MOTION for Extension of Time to File Response/Reply as to 9 MOTION for Summary Judgment and Proposed Briefing Schedule by UNITED STATES DEPARTMENT OF LABOR (Attachments: # 1 Proposed Order)(Cohen, Jason) (Entered: 11/22/2016)
2016-11-2312Memorandum in opposition to re 11 First MOTION for Extension of Time to File Response/Reply as to 9 MOTION for Summary Judgment and Proposed Briefing Schedule filed by JACK JORDAN. (Attachments: # 1 Declaration of Jack Jordan)(JORDAN, JACK) (Entered: 11/23/2016)
2016-11-2313MINUTE ORDER: Upon consideration of 11 Defendant's Motion for Extension of Time and 12 Plaintiff's Memorandum in Opposition, it is hereby ORDERED that 11 Defendant's First Motion for Extension of Time to File Response/Reply as to Plaintiff's Motion for Summary Judgment is GRANTED. It is FURTHER ORDERED that the parties shall adhere to the following briefing schedule: Defendant's Opposition to Plaintiff's Motion for Summary Judgment and Cross-Motion for Summary Judgment is due by December 23, 2016; Plaintiff's Reply in Support of his Motion for Summary Judgment and Opposition to Plaintiff's Cross-Motion for Summary Judgment is due by January 23, 2017; Defendant's Reply in Support of its Cross-Motion for Summary Judgment is due by February 22, 2017. SO ORDERED. Signed by Judge Rudolph Contreras on 11/23/2016. (lcrc2) (Entered: 11/23/2016)
2016-11-2814ANSWER to 1 Complaint by UNITED STATES DEPARTMENT OF LABOR. (Attachments: # 1 Exhibits 1 through 12 to Defendant's Answer)(Cohen, Jason) (Entered: 11/28/2016)
2016-12-0115ERRATA Regarding Answer Paragraph #2 by UNITED STATES DEPARTMENT OF LABOR 14 Answer to Complaint filed by UNITED STATES DEPARTMENT OF LABOR. (Cohen, Jason) (Entered: 12/01/2016)
2016-12-0516Amended MOTION for Summary Judgment by JACK JORDAN (Attachments: # 1 Exhibit A Index of Documents for Appendix, # 2 Exhibit B Index of Exhibits to the Answer, # 3 Exhibit C Allegations re: DOL Lack of Knowledge, # 4 Declaration of J Jordan, # 5 Text of Proposed Order)(JORDAN, JACK) (Entered: 12/05/2016)
2016-12-0517Memorandum in opposition to re 10 MOTION for Sanctions under FRCP Rule 11 filed by UNITED STATES DEPARTMENT OF LABOR. (Cohen, Jason) (Entered: 12/05/2016)
2016-12-0518REPLY to opposition to motion re 10 MOTION for Sanctions under FRCP Rule 11 filed by JACK JORDAN. (Attachments: # 1 Exhibit 1 Email to DOJ Nov. 18)(JORDAN, JACK) (Entered: 12/05/2016)
2016-12-2019Unopposed MOTION to Amend/Correct 1 Complaint by JACK JORDAN (Attachments: # 1 Text of Proposed Order)(JORDAN, JACK) (Entered: 12/20/2016)
2016-12-2320Cross MOTION for Summary Judgment by UNITED STATES DEPARTMENT OF LABOR (Attachments: # 1 Exhibit 1, Declaration of Todd Smyth, with Attachments A-W, # 2 Exhibit 2, Declaration of Ramona Branch Oliver, with Attachments AA-HH, # 3 Proposed Order)(Cohen, Jason) Modified on 12/27/2016 (jf). (Entered: 12/23/2016)
2016-12-2321Memorandum in opposition to re 16 Amended MOTION for Summary Judgment (See ECF Nos. 20, 20-1, and 20-2) filed by UNITED STATES DEPARTMENT OF LABOR. (Cohen, Jason) (Entered: 12/23/2016)
2017-01-2322REPLY to opposition to motion re 16 Amended MOTION for Summary Judgment filed by JACK JORDAN. (JORDAN, JACK) Modified link on 1/24/2017 (znmw). (Entered: 01/23/2017)
2017-01-2323Memorandum in opposition to re 20 Cross MOTION for Summary Judgment filed by JACK JORDAN. (See Docket Entry 22 to view document). (znmw) (Entered: 01/24/2017)
2017-01-2424MOTION to Compel Depositions of Smyth and Johnson by JACK JORDAN (Attachments: # 1 Memorandum in Support, # 2 Declaration, # 3 Text of Proposed Order)(JORDAN, JACK) (Entered: 01/24/2017)
2017-01-2625MOTION to Strike 20 Cross MOTION for Summary Judgment Exhibit 1 Smyth Declaration by JACK JORDAN (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order)(JORDAN, JACK) (Entered: 01/26/2017)
2017-02-0126MOTION to Stay Pending Summary Judgment by UNITED STATES DEPARTMENT OF LABOR (Attachments: # 1 Exhibit 1, Emails from Jack Jordan, Jan. 25-31, 2017, # 2 Proposed Order)(Cohen, Jason) (Entered: 02/01/2017)
2017-02-0227Memorandum in opposition to re 26 MOTION to Stay Pending Summary Judgment filed by JACK JORDAN. (Attachments: # 1 Text of Proposed Order)(JORDAN, JACK) (Entered: 02/02/2017)
2017-02-0228MOTION for Leave to File Second Motion under Rule 11 by JACK JORDAN (Attachments: # 1 Text of Proposed Order)(JORDAN, JACK) (Entered: 02/02/2017)
2017-02-02MINUTE ORDER: Upon consideration of 28 Motion for Leave to File Second Motion under Rule 11, it is hereby ORDERED that 28 the Motion is DENIED. SO ORDERED. Signed by Judge Rudolph Contreras on 2/2/2017. (lcrc2) (Entered: 02/02/2017)
2017-02-0629MOTION to Compel Production of Evidence by JACK JORDAN (Attachments: # 1 Exhibit Request for Production, # 2 Text of Proposed Order)(JORDAN, JACK) (Entered: 02/06/2017)
2017-02-0630Amended Memorandum in Opposition and Reply re 23 Memorandum in Opposition, 22 Reply to opposition to Motion for Summary Judgment by JACK JORDAN (JORDAN, JACK) Modified event title on 2/7/2017 (znmw). (Entered: 02/06/2017)
2017-02-1331MOTION to Vacate October 26 Minute Order by JACK JORDAN (Attachments: # 1 Text of Proposed Order)(JORDAN, JACK). Added MOTION to Strike on 2/14/2017 (znmw). (Entered: 02/13/2017)
2017-02-2232REPLY to opposition to motion re 20 Cross MOTION for Summary Judgment filed by UNITED STATES DEPARTMENT OF LABOR. (Cohen, Jason) (Entered: 02/22/2017)
2017-03-0633Second MOTION for Sanctions under Rule 11 by JACK JORDAN (Attachments: # 1 Exhibit 1 Emails re: Filing Deadline, # 2 Text of Proposed Order)(JORDAN, JACK) (Entered: 03/06/2017)
2017-03-0634JOINT APPENDIX by JACK JORDAN. (Attachments: # 1 Appendix Pages 7-26, # 2 Appendix Pages 2-6 & 28-53)(JORDAN, JACK) (Entered: 03/06/2017)
2017-03-0635RESPONSE re 34 Joint Appendix , Notice to the Court filed by UNITED STATES DEPARTMENT OF LABOR. (Cohen, Jason) (Entered: 03/06/2017)
2017-03-0736MOTION Address the APA in the Court's order by JACK JORDAN (Attachments: # 1 Declaration of Jack Jordan, # 2 Text of Proposed Order)(JORDAN, JACK) (Entered: 03/07/2017)
2017-03-0937NOTICE Regarding Oppositions to Recently-Filed Motions by UNITED STATES DEPARTMENT OF LABOR (Cohen, Jason) (Entered: 03/09/2017)
2017-07-24MINUTE ORDER: Upon consideration of the parties' cross-motions for summary judgment, it is hereby ORDERED that, by July 31, 2017, Defendant shall submit the string of five emails with the subject line "WPS -- next steps & actions," described in paragraph 1 of the complaint (ECF No. 1), in its entirety, for in camera review. See Ray v. Turner , 587 F.2d 1187, 1195 (D.C. Cir. 1978). SO ORDERED. Signed by Judge Rudolph Contreras on 7/24/2017. (lcrc2) (Entered: 07/24/2017)
2017-08-0438ORDER granting 19 Plaintiff's Unopposed Motion to Amend Complaint; denying 16 Plaintiff's Corrected Motion for Summary Judgment; granting in part and denying in part 20 Defendant's Cross-Motion for Summary Judgment; denying 10 Plaintiff's First Motion for Sanctions Under Rule 11; denying 24 Plaintiff's Motion to Compel Depositions of Todd Smyth and Diane Johnson; denying 25 Plaintiff's Motion to Strike the Smyth Declaration; denying 29 Plaintiff's Motion to Compel Production of Evidence Regarding Smyth Declaration; denying 31 Plaintiff's Motion to Strike Prohibited Ex Parte Communication and Vacate October 26 Minute Order; denying 33 Plaintiff's Second Motion for Sanctions Under Rule 11; denying 36 Plaintiff's Motion Regarding the APA as Basis for Decisions; denying as moot 26 Defendant's Motion for Stay Pending Summary Judgment. See document for details. Signed by Judge Rudolph Contreras on 8/4/2017. (lcrc2) (Entered: 08/04/2017)
2017-08-0439MEMORANDUM OPINION granting 19 Plaintiff's Unopposed Motion to Amend Complaint; denying 16 Plaintiff's Corrected Motion for Summary Judgment; granting in part and denying in part 20 Defendant's Cross-Motion for Summary Judgment; denying 10 Plaintiff's First Motion for Sanctions Under Rule 11; denying 24 Plaintiff's Motion to Compel Depositions of Todd Smyth and Diane Johnson; denying 25 Plaintiff's Motion to Strike the Smyth Declaration; denying 29 Plaintiff's Motion to Compel Production of Evidence Regarding Smyth Declaration; denying 31 Plaintiff's Motion to Strike Prohibited Ex Parte Communication and Vacate October 26 Minute Order; denying 33 Plaintiff's Second Motion for Sanctions Under Rule 11; denying 36 Plaintiff's Motion Regarding the APA as Basis for Decisions. See document for details. Signed by Judge Rudolph Contreras on 8/4/2017. (lcrc2) (Entered: 08/04/2017)
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by FOIA Project Staff