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Case TitleJUDICIAL WATCH, INC. v. U.S. DEPARTMENT OF JUSTICE
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2017cv00029
Date Filed2017-01-05
Date ClosedOpen
JudgeJudge Dabney L. Friedrich
PlaintiffJUDICIAL WATCH, INC.
Case DescriptionJudicial Watch submitted a FOIA request to the Department of Justice for emails sent by DOJ official Peter Kadnik to John Podesta or any other individual involved with the Clinton campaign. The agency acknowledged receipt of the request, but after hearing nothing further from the agency, Judicial Watch 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

2017-01-051COMPLAINT against DEPARTMENT OF JUSTICE ( Filing fee $ 400 receipt number 0090-4796274) filed by JUDICIAL WATCH, INC.. (Attachments: # 1 Civil Cover Sheet, # 2 Summons US Attorney for the District of Columbia, # 3 Summons US Attorney General, # 4 Summons US Department of Justice)(Bekesha, Michael) (Entered: 01/05/2017)
2017-01-052LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by JUDICIAL WATCH, INC. (Bekesha, Michael) (Entered: 01/05/2017)
2017-01-063MOTION for Order for Preservation and Request for Expedited Consideration by JUDICIAL WATCH, INC. (Attachments: # 1 Text of Proposed Order)(Bekesha, Michael) (Entered: 01/06/2017)
2017-01-06Case Assigned to Judge Emmet G. Sullivan. (zsb) (Entered: 01/06/2017)
2017-01-064SUMMONS (3) Issued Electronically as to U.S. DEPARTMENT OF JUSTICE, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Consent Form)(zsb) (Entered: 01/06/2017)
2017-01-095NOTICE of Appearance by Stephen Michael Pezzi on behalf of U.S. DEPARTMENT OF JUSTICE (Pezzi, Stephen) (Entered: 01/09/2017)
2017-01-13MINUTE ORDER. In view of 3 plaintiff's motion for preservation order and request for expedited consideration, the defendant shall file an opposition motion of no more than five pages by no later than January 17, 2017 at 12:00 p.m. Plaintiff shall file a reply of no more than five pages by no later than January 18, 2017 at 12:00 p.m. Signed by Judge Emmet G. Sullivan on 1/13/2017. (lcegs4) (Entered: 01/13/2017)
2017-01-176Memorandum in opposition to re 3 MOTION for Order for Preservation and Request for Expedited Consideration filed by U.S. DEPARTMENT OF JUSTICE. (Pezzi, Stephen) (Entered: 01/17/2017)
2017-01-177REPLY to opposition to motion re 3 MOTION for Order for Preservation and Request for Expedited Consideration filed by JUDICIAL WATCH, INC.. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Bekesha, Michael) (Entered: 01/17/2017)
2017-01-17MINUTE ORDER granting 3 plaintiff's motion for a preservation order. Defendant shall take all necessary and reasonable steps to ensure the preservation of all agency records and potential agency records between the dates of December 1, 2014 and November 7, 2016 in any personal email account of Assistant Attorney General for Legislative Affairs Peter Kadzik. Any question about whether a record is an agency record shall be resolved in favor of it being an agency record. Defendant shall advise the Court of the steps it has taken to preserve such records by no later than January 18, 2017 at 9:00 a.m. Signed by Judge Emmet G. Sullivan on 1/17/2017. (lcegs1) (Entered: 01/17/2017)
2017-01-188NOTICE Regarding Preservation by U.S. DEPARTMENT OF JUSTICE (Pezzi, Stephen) (Entered: 01/18/2017)
2017-01-189RESPONSE re 8 Notice (Other) Regarding Preservation filed by JUDICIAL WATCH, INC.. (Bekesha, Michael) (Entered: 01/18/2017)
2017-01-18MINUTE ORDER. The Court has reviewed 8 defendant's notice regarding preservation and 9 plaintiff's response to defendant's notice. In view of the defendant's representation that it "instructed Mr. Kadzik to preserve potential agency records in his Gmail account, should any exist, and Mr. Kadzik agreed to do so until instructed otherwise" and that it notified Mr. Kadzik of "the Courts language regarding construing broadly the definition of an 'agency record' for purposes of preservation," the Court is not persuaded of the need for an additional order in response to defendant's notice. Signed by Judge Emmet G. Sullivan on 1/18/2017. (lcegs1) (Entered: 01/18/2017)
2017-01-1810RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 1/17/2017. ( Answer due for ALL FEDERAL DEFENDANTS by 2/16/2017.), RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 1/17/2017., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF JUSTICE served on 1/17/2017 (Attachments: # 1 Declaration of Cristina Rotaru)(Bekesha, Michael) (Entered: 01/18/2017)
2017-02-1611ANSWER to Complaint by U.S. DEPARTMENT OF JUSTICE.(Pezzi, Stephen) (Entered: 02/16/2017)
2017-03-0712STANDING ORDER. The parties are directed to read this Order in its entirety upon receipt. The parties shall file a proposed schedule for future proceedings by no later than April 7, 2017. Signed by Judge Emmet G. Sullivan on 3/7/2017. (lcegs1) (Entered: 03/07/2017)
2017-03-07Set/Reset Deadlines: Joint Scheduling Order due by 4/7/2017. (mac) (Entered: 03/07/2017)
2017-03-2213ENTERED IN ERROR.....NOTICE of filing of the Notice of Related Actions filed with the Judicial Panel on Multidistrict Litigation pursuant to R.P.J.P.M.L.4.1(b)(zrdj) Modified on 3/23/2017 (zrdj). (Entered: 03/23/2017)
2017-03-23NOTICE OF CORRECTED DOCKET ENTRY: re 13 Notice (Other) was entered in error (WRONG Case). (zrdj) (Entered: 03/23/2017)
2017-04-0614Joint STATUS REPORT and Proposed Scheduling Order by U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order)(Pezzi, Stephen) (Entered: 04/06/2017)
2017-04-13MINUTE ORDER. In view of 14 joint status report, the defendant shall complete its production of all non-exempt agency records that are responsive to plaintiff's two pending Freedom of Information Act Requests by no later than April 28, 2017. The parties shall file a joint status report by no later than May 12, 2017 informing the Court whether motions practice will be necessary. Signed by Judge Emmet G. Sullivan on 4/13/2017. (lcegs1) (Entered: 04/13/2017)
2017-04-13Set/Reset Deadlines: Joint Status Report due by 5/12/2017. (mac) (Entered: 04/13/2017)
2017-05-1215Joint STATUS REPORT and Proposed Scheduling Order by U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order)(Pezzi, Stephen) (Entered: 05/12/2017)
2017-05-16MINUTE ORDER. In light of 15 the parties' joint status report, the Court hereby enters the following briefing schedule: defendant's motion for summary judgment shall be filed no later June 12, 2017; plaintiff's opposition, which shall be combined with plaintiff's cross-motion for summary judgment, shall be filed no later than July 12, 2017; defendant's reply, which shall be combined with defendant's opposition to plaintiff's cross-motion, shall be filed no later than August 14, 2017; and plaintiff's reply shall be filed by no later than August 28, 2017. Signed by Judge Emmet G. Sullivan on May 16, 2017. (lcegs2) (Entered: 05/16/2017)
2017-05-16Set/Reset Deadlines: Defendant's Motion For Summary Judgment due by 6/12/2017. Plaintiff's Opposition, Combined With Plaintiff's Cross-Motion For Summary Judgment due by 7/12/2017. Defendant's Reply, Combined With The Defendant;s Opposition To Plaintiff's Cross-Motion due by 8/14/2017. Plaintiff's Reply due by 8/28/2017. (mac) (Entered: 05/16/2017)
2017-06-1216MOTION for Summary Judgment by U.S. DEPARTMENT OF JUSTICE (Attachments: # 1 Statement of Facts, # 2 Memorandum in Support, # 3 Declaration of Vanessa R. Brinkmann, # 4 Text of Proposed Order)(Pezzi, Stephen) (Entered: 06/12/2017)
2017-07-1017Memorandum in opposition to re 16 MOTION for Summary Judgment filed by JUDICIAL WATCH, INC.. (Attachments: # 1 Text of Proposed Order)(Bekesha, Michael) (Entered: 07/10/2017)
2017-07-1018Cross MOTION for Summary Judgment by JUDICIAL WATCH, INC. (Attachments: # 1 Text of Proposed Order)(Bekesha, Michael) (Entered: 07/10/2017)
2017-08-1419Memorandum in opposition to re 18 Cross MOTION for Summary Judgment ; and Reply in Support of DOJ's Motion for Summary Judgment, filed by U.S. DEPARTMENT OF JUSTICE. (Pezzi, Stephen) (Entered: 08/14/2017)
2017-08-1420REPLY to opposition to motion re 16 MOTION for Summary Judgment filed by U.S. DEPARTMENT OF JUSTICE. (See Docket Entry 19 to view document). (nmw) (Entered: 08/15/2017)
2017-08-1721REPLY to opposition to motion re 18 Cross MOTION for Summary Judgment filed by JUDICIAL WATCH, INC.. (Bekesha, Michael) (Entered: 08/17/2017)
2017-12-04Case directly reassigned to Judge Dabney L. Friedrich. Judge Emmet G. Sullivan is no longer assigned to the case. (ztnr) (Entered: 12/04/2017)
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by FOIA Project Staff