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Case TitleENERGY & ENVIRONMENT LEGAL INSTITUTE v. UNITED STATES DEPARTMENT OF STATE
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2017cv00340
Date Filed2017-02-27
Date ClosedOpen
JudgeChief Judge Beryl A. Howell
PlaintiffENERGY & ENVIRONMENT LEGAL INSTITUTE
Case DescriptionThe Energy & Environment Legal Institute submitted a FOIA request to the Department of State for electronic communications between specific agency employees that mentioned China from April 2016 to January 2017. EELI narrowed the request by indicating that it did not want press clippings or opinion pieces, but emails with substantive comments about China. After hearing nothing further from the agency, EELI filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantUNITED STATES DEPARTMENT OF STATE
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

2017-02-271COMPLAINT against UNITED STATES DEPARTMENT OF STATE ( Filing fee $ 400 receipt number 0090-4855350) filed by ENERGY & ENVIRONMENT LEGAL INSTITUTE. (Attachments: # 1 Civil Cover Sheet, # 2 Summons to Civil Process Clerk of US Attorney, # 3 Summons To United States Department of State, # 4 Summons to Attorney General)(Mandelbaum, Chaim) (Entered: 02/27/2017)
2017-02-27Case Assigned to Chief Judge Beryl A. Howell. (zsb) (Entered: 02/27/2017)
2017-02-272SUMMONS (3) Issued Electronically as to UNITED STATES DEPARTMENT OF STATE, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Consent Form)(zsb) (Entered: 02/27/2017)
2017-02-283STANDING ORDER. Signed by Chief Judge Beryl A. Howell on February 28, 2017. (lcbah4) (Entered: 02/28/2017)
2017-03-014NOTICE of Appearance by Christopher Cochran Horner on behalf of ENERGY & ENVIRONMENT LEGAL INSTITUTE (Horner, Christopher) (Entered: 03/01/2017)
2017-03-295NOTICE of Appearance by Marina Utgoff Braswell on behalf of UNITED STATES DEPARTMENT OF STATE (Braswell, Marina) (Entered: 03/29/2017)
2017-04-066ANSWER to Complaint by UNITED STATES DEPARTMENT OF STATE.(Braswell, Marina) (Entered: 04/06/2017)
2017-04-177NOTICE of Appearance by Matthew D. Hardin on behalf of All Plaintiffs (Hardin, Matthew) (Entered: 04/17/2017)
2017-04-208PROPOSED BRIEFING SCHEDULE by UNITED STATES DEPARTMENT OF STATE. (Braswell, Marina) Modified event title on 4/21/2017 (znmw). (Entered: 04/20/2017)
2017-04-21MINUTE ORDER (paperless) ISSUING, upon consideration of the parties' 8 Joint Proposed Schedule, the following SCHEDULING ORDER to control further proceedings in this matter: (1) the defendant shall, by May 22, 2017, make the first of monthly interim releases of nonexempt and responsive documents, and provide the plaintiff with an estimated date of completion, and (2) the parties shall, by May 25, 2017, file a further joint proposed schedule. Signed by Chief Judge Beryl A. Howell on April 21, 2017. (lcbah4) (Entered: 04/21/2017)
2017-04-21Set/Reset Deadlines: Defendant's first monthly interim release and estimated date of completion due by 5/22/2017; Joint Status Report due by 5/25/2017. (tg) (Entered: 04/21/2017)
2017-05-259Joint STATUS REPORT by UNITED STATES DEPARTMENT OF STATE. (Attachments: # 1 Stein Declaration)(Braswell, Marina) (Entered: 05/25/2017)
2017-05-31MINUTE ORDER (paperless) DIRECTING, upon consideration of the parties' 9 Joint Status Report, the parties to file, by June 27, 2017, a further Joint Status Report proposing a schedule to govern future proceedings in this matter. Signed by Chief Judge Beryl A. Howell on May 31, 2017. (lcbah4) (Entered: 05/31/2017)
2017-06-01Set/Reset Deadlines: Joint Status Report due by 6/27/2017. (tg) (Entered: 06/01/2017)
2017-06-2710Joint STATUS REPORT and Proposed Schedule by UNITED STATES DEPARTMENT OF STATE. (Braswell, Marina) (Entered: 06/27/2017)
2017-06-28MINUTE ORDER (paperless) ISSUING, upon consideration of the parties' 10 Joint Status Report, the following SCHEDULING ORDER to control further proceedings in this case: (1) by July 21, 2017, the defendant shall file any motion to set the rate of processing of the responsive records in this case; (2) by August 18, 2017, the plaintiff shall file any opposition to the defendant's motion; and (3) by August 30, 2017, the defendant shall file any reply. Signed by Chief Judge Beryl A. Howell on June 28, 2017. (lcbah4) (Entered: 06/28/2017)
2017-06-28Set/Reset Deadlines: Defendant's motion to set the rate of processing of the responsive records due 7/21/2017; Plaintiff's opposition to defendant's motion due 8/18/2017; Defendant shall file any reply by 8/30/2017. (kt) (Entered: 06/28/2017)
2017-07-2111MOTION for Order to Set Rate of Processing records by UNITED STATES DEPARTMENT OF STATE (Attachments: # 1 Stein Declaration, # 2 Stein Declaration, Ex. 1, # 3 Exhibit A: Citizens United Stein Declaration)(Braswell, Marina) Modified to correct typo on 7/24/2017 (znmw). (Entered: 07/21/2017)
2017-08-1812STATUS REPORT by ENERGY & ENVIRONMENT LEGAL INSTITUTE. (Mandelbaum, Chaim) (Entered: 08/18/2017)
2017-08-21MINUTE ORDER (paperless) DIRECTING, upon consideration of the plaintiff's 12 status report, the plaintiff to clarify whether it is opposed to the defendant's 11 Motion for Order to Set Rate of Processing Records, which motion seeks to establish a rate of processing plaintiff's FOIA request at 300 "pages" per month. In the plaintiff's 12 status report, the plaintiff states that it is not opposed to a processing rate of 300 "documents" per month, rather than 300 "pages." Accordingly, the plaintiff shall, by August 23, 2017, state whether it agrees with the government's proposed 300-page processing rate or, if it is opposed, file its opposition. Signed by Chief Judge Beryl A. Howell on August 21, 2017. (lcbah4) (Entered: 08/21/2017)
2017-08-22Set/Reset Deadlines: Plaintiff' Response to the government's proposal due by 8/23/2017. (kt) (Entered: 08/22/2017)
2017-08-2213RESPONSE TO ORDER OF THE COURT re Order,,, Response to Court's Minute Order filed by ENERGY & ENVIRONMENT LEGAL INSTITUTE. (Mandelbaum, Chaim) (Entered: 08/22/2017)
2017-08-22MINUTE ORDER (paperless) GRANTING, upon consideration of the plaintiff's 12 status report and 13 response to order of the court, the defendant's 11 Motion for Order to Set Rate of Processing Records. Accordingly, the defendant shall review and process potentially responsive records, and produce all non-exempt portions of such records, at a rate of no less than 300 pages per month, and shall continue to make monthly releases of all non-exempt information. Upon completion of production, the parties shall file a joint status report proposing a schedule to govern future proceedings in this matter. Signed by Chief Judge Beryl A. Howell on August 22, 2017. (lcbah4) (Entered: 08/22/2017)
2017-11-2014STATUS REPORT by UNITED STATES DEPARTMENT OF STATE. (Attachments: # 1 Stern Declaration)(Braswell, Marina) (Entered: 11/20/2017)
2018-01-2215Unopposed MOTION to Stay FOIA Release Due Today by UNITED STATES DEPARTMENT OF STATE (Braswell, Marina) (Entered: 01/22/2018)
2018-01-23MINUTE ORDER (paperless) GRANTING the government's 15 Unopposed Motion for a Stay of FOIA Release in Light of Lapse of Appropriations. Accordingly, as Congress restored appropriations to the government on January 22, 2018, the government shall, by January 26, 2018, make its monthly release of nonexempt information pursuant to the Court's Minute Order dated August 22, 2017. Signed by Chief Judge Beryl A. Howell on January 23, 2018. (lcbah4) (Entered: 01/23/2018)
2018-08-15MINUTE ORDER (paperless) MODIFYING the SCHEDULING ORDER issued on April 21, 2017. The parties shall, by September 5, 2018, and every 45 days thereafter, file a joint status report informing the Court of the status of the defendant's monthly releases and, when appropriate, proposing a schedule for dispositive motions. Signed by Chief Judge Beryl A. Howell on August 15, 2018. (lcbah4) (Entered: 08/15/2018)
2018-08-16Set/Reset Deadlines: Joint Status Report due by 9/5/2018, and every 45 days thereafter. (tg) (Entered: 08/16/2018)
2018-09-0516Joint STATUS REPORT by ENERGY & ENVIRONMENT LEGAL INSTITUTE. (Mandelbaum, Chaim) (Entered: 09/05/2018)
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