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Case TitleJAMES MADISON PROJECT et al v. GENERAL SERVICES ADMINISTRATION
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2017cv00151
Date Filed2017-01-23
Date ClosedOpen
JudgeJudge Emmet G. Sullivan
PlaintiffJAMES MADISON PROJECT
PlaintiffNOAH SHACHTMAN The Daily Beast
Case DescriptionThe James Madison Project and reporter Noah Shachtman submitted a FOIA request to the General Services Administration for records concerning the anti-nepotism law and any analysis of how it applies to the President, particularly in regard to his son-in-law Jared Kushner. JMP and Shachtman also asked for expedited processing. The agency responded by indicating that it had no records. JMP and Shachtman filed an administrative appeal. JMP and Shachtman submitted a supplemental FOIA request for records of any communications with Kushner or his wife Ivanka Trump, including their private attorneys. JMP and Shachtman requested expedited processing. The agency acknowledged receipt of the supplemental request, but denied the request for expedited processing. JMP and Shachtman then filed suit.
Complaint issues: Expedited processing, Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantGENERAL SERVICES ADMINISTRATION
DefendantOFFICE OF GOVERNMENT ETHICS
DefendantDEPARTMENT OF JUSTICE
DefendantOFFICE OF SPECIAL COUNSEL
DefendantOFFICE OF PERSONNEL MANAGEMENT
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2017-01-231COMPLAINT against GENERAL SERVICES ADMINISTRATION ( Filing fee $ 400 receipt number 0090-4815330) filed by JAMES MADISON PROJECT, NOAH SHACHTMAN. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit Rule 7.1 certification, # 3 Summons GSA, # 4 Summons USADC, # 5 Summons USAG)(Moss, Bradley) (Entered: 01/23/2017)
2017-01-232AMENDED COMPLAINT against GENERAL SERVICES ADMINISTRATION filed by JAMES MADISON PROJECT, NOAH SHACHTMAN.(Moss, Bradley) (Entered: 01/23/2017)
2017-01-233NOTICE of Appearance by Mark Steven Zaid on behalf of All Plaintiffs (Zaid, Mark) (Entered: 01/23/2017)
2017-01-244LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by JAMES MADISON PROJECT. (md) (Entered: 01/24/2017)
2017-01-24Case Assigned to Judge Emmet G. Sullivan. (md) (Entered: 01/24/2017)
2017-01-245SUMMONS (3) Issued Electronically as to GENERAL SERVICES ADMINISTRATION, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice of Consent) (md) (Entered: 01/24/2017)
2017-02-096RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. GENERAL SERVICES ADMINISTRATION served on 1/30/2017 (Attachments: # 1 Exhibit Proof of Service)(Moss, Bradley) (Entered: 02/09/2017)
2017-02-097RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 2/6/2017. Answer due for ALL FEDERAL DEFENDANTS by 3/8/2017. (Attachments: # 1 Exhibit Proof of Service)(Moss, Bradley) (Entered: 02/09/2017)
2017-03-078ANSWER to 2 Amended Complaint by GENERAL SERVICES ADMINISTRATION. Related document: 2 Amended Complaint filed by NOAH SHACHTMAN, JAMES MADISON PROJECT.(Sus, Nikhel) (Entered: 03/07/2017)
2017-03-289Consent MOTION for Leave to File Second Amended Complaint by JAMES MADISON PROJECT, NOAH SHACHTMAN (Attachments: # 1 Memorandum in Support, # 2 Exhibit A - Second Amended Complaint, # 3 Summons DOJ, # 4 Summons OGE, # 5 Summons OPM, # 6 Summons OSC, # 7 Text of Proposed Order)(Moss, Bradley) (Entered: 03/28/2017)
2017-03-29MINUTE ORDER granting 9 consent motion for leave to file second amended complaint. Signed by Judge Emmet G. Sullivan on 3/29/2017. (lcegs4) (Entered: 03/29/2017)
2017-03-2910SECOND AMENDED COMPLAINT against DEPARTMENT OF JUSTICE, GENERAL SERVICES ADMINISTRATION, OFFICE OF GOVERNMENT ETHICS, OFFICE OF PERSONNEL MANAGEMENT, OFFICE OF SPECIAL COUNSEL filed by JAMES MADISON PROJECT, NOAH SHACHTMAN.(jf) (Entered: 03/29/2017)
2017-03-2911SUMMONS Issued Electronically as to DEPARTMENT OF JUSTICE, OFFICE OF GOVERNMENT ETHICS, OFFICE OF PERSONNEL MANAGEMENT, OFFICE OF SPECIAL COUNSEL. (jf) (Entered: 03/29/2017)
2017-04-1712NOTICE OF SUBSTITUTION OF COUNSEL by Marsha Stelson Edney on behalf of All Defendants Substituting for attorney Nikhel Sus (Edney, Marsha) (Entered: 04/17/2017)
2017-04-1813RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. OFFICE OF SPECIAL COUNSEL served on 4/4/2017 (Attachments: # 1 Exhibit return receipt (OSC))(Moss, Bradley) (Entered: 04/18/2017)
2017-04-2414Consent MOTION for Extension of Time to File Answer re 10 Amended Complaint by DEPARTMENT OF JUSTICE, GENERAL SERVICES ADMINISTRATION, OFFICE OF GOVERNMENT ETHICS, OFFICE OF PERSONNEL MANAGEMENT, OFFICE OF SPECIAL COUNSEL (Attachments: # 1 Text of Proposed Order)(Edney, Marsha) (Entered: 04/24/2017)
2017-04-24MINUTE ORDER granting 14 consent motion for extension of time. Defendants are directed to answer or otherwise respond to the second amended complaint by no later than May 12, 2017. Signed by Judge Emmet G. Sullivan on 4/24/2017. (lcegs2) (Entered: 04/24/2017)
2017-04-25Set/Reset Deadlines: Defendant Answer Or Otherwise Response To The Second Complaint due by 5/12/2017. (mac) (Entered: 04/25/2017)
2017-05-1215ANSWER to 10 Amended Complaint by DEPARTMENT OF JUSTICE, GENERAL SERVICES ADMINISTRATION, OFFICE OF GOVERNMENT ETHICS, OFFICE OF PERSONNEL MANAGEMENT, OFFICE OF SPECIAL COUNSEL. Related document: 10 Amended Complaint filed by NOAH SHACHTMAN, JAMES MADISON PROJECT.(Edney, Marsha) (Entered: 05/12/2017)
2017-06-0516STANDING FOIA ORDER. Joint Scheduling Order For Further Proceedings due by 6/23/2017. Signed by Judge Emmet G. Sullivan on 06/05/17. (mac) (Entered: 06/06/2017)
2017-06-2317PROPOSED BRIEFING SCHEDULE by DEPARTMENT OF JUSTICE, GENERAL SERVICES ADMINISTRATION, OFFICE OF GOVERNMENT ETHICS, OFFICE OF PERSONNEL MANAGEMENT, OFFICE OF SPECIAL COUNSEL. (Edney, Marsha) Modified event title on 6/26/2017 (znmw). (Entered: 06/23/2017)
2017-07-10MINUTE ORDER. In light of 17 the parties' joint status report, the parties are directed to file a status report, including the status of defendants' productions and a recommendation for further proceedings, by no later than August 23, 2017. Signed by Judge Emmet G. Sullivan on July 10, 2017. (lcegs2) (Entered: 07/10/2017)
2017-07-11Set/Reset Deadlines: Status Report due by 8/23/2017 (mac) (Entered: 07/11/2017)
2017-07-2718STANDING ORDER: The parties are directed to read the attached Standing Order Governing Civil Cases Before Judge Emmet G. Sullivan in its entirety upon receipt. The parties are hereby ORDERED to comply with the directives in the attached Standing Order.Signed by Judge Emmet G. Sullivan on 7/27/2017.(Attachments: # 1 Exhibit) (lcegs1) (Entered: 07/27/2017)
2017-08-2319Joint STATUS REPORT by DEPARTMENT OF JUSTICE, GENERAL SERVICES ADMINISTRATION, OFFICE OF GOVERNMENT ETHICS, OFFICE OF PERSONNEL MANAGEMENT, OFFICE OF SPECIAL COUNSEL. (Edney, Marsha) (Entered: 08/23/2017)
2017-08-25MINUTE ORDER. In light of 19 the parties' joint status report, the parties are directed to file a further joint status report, including the status of defendants' productions and a recommendation for further proceedings, by no later than October 16, 2017. Signed by Judge Emmet G. Sullivan on August 25, 2017. (lcegs2) (Entered: 08/25/2017)
2017-08-28Set/Reset Deadlines: Joint Status Report due by 10/16/2017. (mac) (Entered: 08/28/2017)
2017-10-1620Joint STATUS REPORT by DEPARTMENT OF JUSTICE, GENERAL SERVICES ADMINISTRATION, OFFICE OF GOVERNMENT ETHICS, OFFICE OF PERSONNEL MANAGEMENT, OFFICE OF SPECIAL COUNSEL. (Edney, Marsha) (Entered: 10/16/2017)
2017-10-18MINUTE ORDER. In view of the parties' joint status report, the parties are directed to comply with the following briefing schedule: defendants shall file their motion for summary judgment by no later than December 1, 2017; plaintiffs shall file their combined opposition to defendants' motion and cross-motion for summary judgment by no later than January 5, 2018; defendants shall file their combined reply and opposition to plaintiffs' motion by no later than January 26, 2018; and plaintiffs' shall file their reply by no later than February 2, 2018. Signed by Judge Emmet G. Sullivan on October 18, 2017. (lcegs2, ) (Entered: 10/18/2017)
2017-10-18Set/Reset Deadlines: Defendants Motion For Summary Judgment due by 12/1/2017. Plaintiffs Combined Opposition To Defendants' Motion And Cross-Motion For Summary Judgment due by 1/5/2018. Defendants Combined Reply And Opposition To Plaintiffs' Motion due by 1/26/2018. Plaintiffs' Reply due by 2/2/2018. (mac) (Entered: 10/18/2017)
2017-11-2821Unopposed MOTION for Extension of Time to file summary judgment brief by DEPARTMENT OF JUSTICE, GENERAL SERVICES ADMINISTRATION, OFFICE OF GOVERNMENT ETHICS, OFFICE OF PERSONNEL MANAGEMENT, OFFICE OF SPECIAL COUNSEL (Attachments: # 1 Text of Proposed Order)(Edney, Marsha) (Entered: 11/28/2017)
2017-11-30MINUTE ORDER granting 21 defendants' unopposed motion for an extension of time. Defendants are directed to file their motion for summary judgment by no later than December 8, 2017. Signed by Judge Emmet G. Sullivan on November 30, 2017. (lcegs2) (Entered: 11/30/2017)
2017-12-01Set/Reset Deadlines: Motion For Summary Judgment due by 12/8/2017. (mac) (Entered: 12/01/2017)
2017-12-0822MOTION for Summary Judgment And Memorandum in Support by DEPARTMENT OF JUSTICE, GENERAL SERVICES ADMINISTRATION, OFFICE OF GOVERNMENT ETHICS, OFFICE OF PERSONNEL MANAGEMENT, OFFICE OF SPECIAL COUNSEL (Attachments: # 1 Statement of Facts, # 2 Declaration GSA, # 3 Declaration GSA, # 4 Declaration OPM, # 5 Declaration DOJ, # 6 Declaration OSC, # 7 Declaration OGE, # 8 Declaration OGE, # 9 Declaration OGE, # 10 Text of Proposed Order)(Edney, Marsha) (Entered: 12/08/2017)
2018-01-0523Memorandum in opposition to re 22 MOTION for Summary Judgment And Memorandum in Support filed by JAMES MADISON PROJECT, NOAH SHACHTMAN. (Attachments: # 1 Statement of Facts Response, # 2 Exhibit 1 - Moss Declaration, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Text of Proposed Order)(Moss, Bradley) (Entered: 01/05/2018)
2018-01-2624REPLY to opposition to motion re 22 MOTION for Summary Judgment And Memorandum in Support filed by DEPARTMENT OF JUSTICE, GENERAL SERVICES ADMINISTRATION, OFFICE OF GOVERNMENT ETHICS, OFFICE OF PERSONNEL MANAGEMENT, OFFICE OF SPECIAL COUNSEL. (Attachments: # 1 Declaration)(Edney, Marsha) (Entered: 01/26/2018)
2018-03-12MINUTE ORDER denying without prejudice 22 defendants' motion for summary judgment for failure to comply with paragraph 13 of 18 the Court's standing order governing civil cases. The parties are directed to submit a proposed schedule for rebriefing summary judgment by no later than March 30, 2018. Signed by Judge Emmet G. Sullivan on March 12, 2018. (lcegs2) (Entered: 03/12/2018)
2018-03-12Set/Reset Deadlines: Parties To Submit A Proposed Briefing Schedule For Rebriefing Summary Judgment due by 3/30/2018. (mac) (Entered: 03/12/2018)
2018-03-2825PROPOSED BRIEFING SCHEDULE (Joint) by DEPARTMENT OF JUSTICE, GENERAL SERVICES ADMINISTRATION, OFFICE OF GOVERNMENT ETHICS, OFFICE OF PERSONNEL MANAGEMENT, OFFICE OF SPECIAL COUNSEL. (Edney, Marsha) (Entered: 03/28/2018)
2018-03-30MINUTE ORDER. In view of 25 the parties proposed briefing schedule, the parties are directed to comply with the following briefing schedule: defendants' motion for summary judgment shall be filed by no later than April 30, 2018; plaintiffs' opposition shall be filed by no later than May 14, 2018; and defendants' reply shall be filed by no later than May 29, 2018. Signed by Judge Emmet G. Sullivan on March 30, 2018. (lcegs2 ) (Entered: 03/30/2018)
2018-03-30Set/Reset Deadlines: Motion For Summary Judgment due by 4/30/2018. Plaintiffs' Opposition due by 5/14/2018. Defendants' Reply due by 5/29/2018. (mac) (Entered: 03/30/2018)
2018-04-2726Renewed MOTION for Summary Judgment by DEPARTMENT OF JUSTICE, GENERAL SERVICES ADMINISTRATION, OFFICE OF GOVERNMENT ETHICS, OFFICE OF PERSONNEL MANAGEMENT, OFFICE OF SPECIAL COUNSEL (Attachments: # 1 Exhibit, # 2 Statement of Facts, # 3 Text of Proposed Order)(Edney, Marsha) . (Entered: 04/27/2018)
2018-05-1427NOTICE of Concession by JAMES MADISON PROJECT, NOAH SHACHTMAN (Moss, Bradley) (Entered: 05/14/2018)
2018-05-17MINUTE ORDER. In view of 27 plaintiffs' notice of concession, 26 defendants' motion for summary judgment is GRANTED. Plaintiffs are directed to file any motion for fees or costs by no later than June 15, 2018. Signed by Judge Emmet G. Sullivan on May 17, 2018. (lcegs2) (Entered: 05/17/2018)
2018-05-17Set/Reset Deadlines: Plaintiff Motion For Fees Or Costs due by 6/15/2018. (mac) (Entered: 05/17/2018)
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by FOIA Project Staff