Skip to content

Case Detail

[Subscribe to updates]
Case TitleJUDICIAL WATCH, INC. v. U.S. DEPARTMENT OF JUSTICE
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2017cv00600
Date Filed2017-04-04
Date ClosedOpen
JudgeJudge Colleen Kollar-Kotelly
PlaintiffJUDICIAL WATCH, INC.
Case DescriptionJudicial Watch submitted a FOIA request to the Bureau of Alcohol, Tobacco and Firearms for records concerning the decision to no longer exempt "green tip" ammunition from the definition of armor-piercing ammunition. 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

2017-04-041COMPLAINT against U.S. DEPARTMENT OF JUSTICE ( Filing fee $ 400 receipt number 0090-4900293) filed by JUDICIAL WATCH, INC.. (Attachments: # 1 Civil Cover Sheet, # 2 Summons Department of Justice, # 3 Summons U.S. Attorney, # 4 Summons U.S. Attorney General)(Fedeli, Chris) (Entered: 04/04/2017)
2017-04-042LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by JUDICIAL WATCH, INC. (Fedeli, Chris) (Entered: 04/04/2017)
2017-04-04Case Assigned to Judge Colleen Kollar-Kotelly. (sb) (Entered: 04/04/2017)
2017-04-043SUMMONS (3) Issued Electronically as to U.S. DEPARTMENT OF JUSTICE, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Consent Form)(sb) (Entered: 04/04/2017)
2017-04-044ORDER Establishing Procedures for Cases Assigned to Judge Colleen Kollar-Kotelly. Signed by Judge Colleen Kollar-Kotelly on April 4, 2017. (NS) (Entered: 04/04/2017)
2017-04-145RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 4/10/2017. ( Answer due for ALL FEDERAL DEFENDANTS by 5/10/2017.), RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 4/10/2017., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF JUSTICE served on 4/10/2017 (Attachments: # 1 Declaration)(Fedeli, Chris) (Entered: 04/14/2017)
2017-05-096NOTICE of Appearance by Melanie Dyani Hendry on behalf of U.S. DEPARTMENT OF JUSTICE (Hendry, Melanie) (Entered: 05/09/2017)
2017-05-097ANSWER to Complaint by U.S. DEPARTMENT OF JUSTICE.(Hendry, Melanie) (Entered: 05/09/2017)
2017-05-108ORDER. The parties shall file a Joint Status Report not later than June 12, 2017. Signed by Judge Colleen Kollar-Kotelly on 5/10/2017. (lcckk1) (Entered: 05/10/2017)
2017-05-10Set/Reset Deadlines: Joint Status Report due by 6/12/2017. (kt) (Entered: 05/10/2017)
2017-06-129Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Hendry, Melanie) (Entered: 06/12/2017)
2017-06-16MINUTE ORDER: The Court is in receipt of the parties' 9 Joint Proposed Schedule and Status Report. Therein, the parties relay that Defendants anticipate making a series of document productions beginning on July 14, 2017, and request an opportunity to review the productions and to meet and confer with the intention of amicably resolving this litigation. For good cause shown, that request is GRANTED. The parties shall file a Joint Status Report by September 8, 2017, advising the Court of their progress, and proposing a briefing schedule if necessary. Signed by Judge Colleen Kollar-Kotelly on 6/16/2017. (lcckk1) (Entered: 06/16/2017)
2017-06-16Set/Reset Deadlines: Joint Status Report due by 9/8/2017. (dot) (Entered: 06/20/2017)
2017-09-0610STATUS REPORT by JUDICIAL WATCH, INC.. (Fedeli, Chris) (Entered: 09/06/2017)
2017-09-0711STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Hendry, Melanie) (Entered: 09/07/2017)
2017-09-20MINUTE ORDER: The Court is in receipt of the parties' respective Status Reports. ECF Nos. 10 and 11. Defendant indicates that it intends to complete its final production by November 14, 2017. Accordingly, the parties shall file a Joint Status Report by DECEMBER 14, 2017, advising the Court of how they intend to proceed, and proposing a briefing schedule if necessary. Signed by Judge Colleen Kollar-Kotelly on 9/20/2017. (lcckk1) (Entered: 09/20/2017)
2017-09-20Set/Reset Deadlines: Joint Status Report due by 12/14/2017. (dot) (Entered: 09/20/2017)
2017-12-1212Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Hendry, Melanie) (Entered: 12/12/2017)
2017-12-1513SCHEDULING AND PROCEDURES ORDER. See order for details. Signed by Judge Colleen Kollar-Kotelly on December 15, 2017. (lcckk1) (Entered: 12/15/2017)
2017-12-15Set/Reset Deadlines: Defendant's Summary Judgment motion due by 2/15/2018. Response to Motion for Summary Judgment due by 3/15/2018. Reply to Motion for Summary Judgment due by 4/16/2018. Plaintiff's Cross Motion due by 3/15/2018. Response to Cross Motion due by 4/16/2018. Reply to Cross Motion due by 5/3/2018. (dot) (Entered: 12/18/2017)
2018-02-1514MOTION for Summary Judgment by U.S. DEPARTMENT OF JUSTICE (Attachments: # 1 Declaration of Peter J. Chisholm, # 2 Statement of Facts)(Hendry, Melanie) (Entered: 02/15/2018)
2018-03-1315Cross MOTION for Summary Judgment by JUDICIAL WATCH, INC. (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Text of Proposed Order)(Fedeli, Chris) (Entered: 03/13/2018)
2018-03-1316Memorandum in opposition to re 14 MOTION for Summary Judgment filed by JUDICIAL WATCH, INC.. (Attachments: # 1 Statement of Facts)(Fedeli, Chris) (Entered: 03/13/2018)
2018-04-1117Consent MOTION for Extension of Time to File Response/Reply as to 14 MOTION for Summary Judgment , 15 Cross MOTION for Summary Judgment by U.S. DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Hendry, Melanie) (Entered: 04/11/2018)
2018-04-12MINUTE ORDER: The Court has received Defendant's 17 Consent Motion to Amend Briefing Schedule, requesting an extension in the summary judgment briefing schedule. With Plaintiff's consent, the Court GRANTS the 17 Consent Motion for good cause shown. The Court's 13 Scheduling and Procedures Order shall be amended as follows: Defendant shall file its Reply in support of its 14 Motion for Summary Judgment and its Opposition to Plaintiff's 15 Cross-Motion for Summary Judgment by no later than MAY 1, 2018 . Plaintiff shall file its Reply in support of its 15 Cross-Motion for Summary Judgment by no later than MAY 23, 2018 . This is the first request by either party for extension of the briefing schedule. Signed by Judge Colleen Kollar-Kotelly on April 12, 2018. (lcckk1) (Entered: 04/12/2018)
2018-04-12Set/Reset Deadlines: Defendant's Response to Cross Motion 15 due by 5/1/2018. Plaintiff's Reply to Cross Motion 15 due by 5/23/2018. Defendant's Reply to Motion for Summary Judgment 14 due by 5/1/2018. (dot) (Entered: 04/12/2018)
2018-05-0118REPLY to opposition to motion re 14 MOTION for Summary Judgment filed by U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Declaration Supplemental Declaration of Peter J. Chisholm)(Hendry, Melanie) (Entered: 05/01/2018)
2018-05-0119RESPONSE re 15 Cross MOTION for Summary Judgment filed by U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Supplemental Declaration of Peter J. Chisholm, # 2 Response to Plaintiff's Statement of Facts)(Hendry, Melanie) (Entered: 05/01/2018)
2018-05-1520REPLY to opposition to motion re 15 Cross MOTION for Summary Judgment filed by JUDICIAL WATCH, INC.. (Fedeli, Chris) (Entered: 05/15/2018)
2018-05-1521MOTION to Stay re 14 MOTION for Summary Judgment , 15 Cross MOTION for Summary Judgment by JUDICIAL WATCH, INC. (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order)(Fedeli, Chris) (Entered: 05/15/2018)
2018-05-15MINUTE ORDER: The Court has received Plaintiff's 21 Motion to Stay, which seeks a stay of this case pending Defendant's response to a new FOIA request that Plaintiff asserts could moot this case, including the pending cross-motions. Plaintiff indicates that Defendant opposes this motion. Defendant shall file its opposition by MAY 29, 2018 . Plaintiff shall file its reply, if any, by JUNE 5, 2018 . Signed by Judge Colleen Kollar-Kotelly on May 15, 2018. (lcckk1) (Entered: 05/15/2018)
2018-05-15Set/Reset Deadlines: Defendant shall file Response to 21 by 5/29/2018. Plaintiff's Reply due by 6/5/2018. (dot) (Entered: 05/15/2018)
2018-05-1622ERRATA -- Table of Authorities by JUDICIAL WATCH, INC. 20 Reply to opposition to Motion filed by JUDICIAL WATCH, INC.. (Fedeli, Chris) (Entered: 05/16/2018)
2018-05-2423Consent MOTION to Amend Briefing Schedule by U.S. DEPARTMENT OF JUSTICE (Hendry, Melanie) Modified text on 5/25/2018 (ztd). (Entered: 05/24/2018)
2018-05-30MINUTE ORDER: The Court has received Defendant's 23 Consent Motion to Amend Briefing Schedule, which indicates that Plaintiff consents. For good cause shown, the Court shall GRANT nunc pro tunc Defendant's 23 Consent Motion and adjust the briefing schedule for Plaintiff's 21 Motion to Stay. Defendant shall file its opposition to Plaintiff's 21 Motion to Stay by JUNE 19, 2018 . Plaintiff shall file its reply, if any, by JUNE 26, 2018 . Signed by Judge Colleen Kollar-Kotelly on May 30, 2018. (lcckk1) (Entered: 05/30/2018)
2018-05-30Set/Reset Deadlines: Defendant's Response to 21 due by 6/19/2018. Plaintiff's Reply to 21 due by 6/26/2018. (dot) (Entered: 05/31/2018)
2018-06-2524REPLY to opposition to motion re 21 MOTION to Stay re 14 MOTION for Summary Judgment , 15 Cross MOTION for Summary Judgment filed by JUDICIAL WATCH, INC.. (Fedeli, Chris) (Entered: 06/25/2018)
2018-06-2525Consent MOTION for Extension of Time to File Response/Reply as to 21 MOTION to Stay re 14 MOTION for Summary Judgment , 15 Cross MOTION for Summary Judgment (Nunc Pro Tunc) by U.S. DEPARTMENT OF JUSTICE (Attachments: # 1 Defendant's Response to Plaintiff's Motion to Stay)(Hendry, Melanie) (Entered: 06/25/2018)
2018-06-27MINUTE ORDER: The Court has received Defendant's 25 Consent Motion for Nunc Pro Tunc Extension of Deadline to File Response to Plaintiff's Motion to Stay, which indicates that Defendant's non-compliance with the deadline for its response was inadvertent. With Plaintiff's consent, the Court shall GRANT Defendant's 25 Consent Motion, for good cause shown, and extend nunc pro tunc the deadline for the filing of Defendant's response until JUNE 25, 2018 . Because Defendant's [25-1] Response was attached to its 25 Consent Motion, the Court has received Defendant's [25-1] Response in a timely fashion pursuant to the revised deadline. Plaintiff's reply to Defendant's [25-1] Response is due no later than JULY 5, 2018 . Signed by Judge Colleen Kollar-Kotelly on June 27, 2018. (lcckk1) (Entered: 06/27/2018)
2018-06-27Set/Reset Deadlines: Plaintiff's reply to Defendant's [25-1] Response due by 7/5/2018. (kt) (Entered: 06/27/2018)
2018-07-0226REPLY to opposition to motion re 25 Consent MOTION for Extension of Time to File Response/Reply as to 21 MOTION to Stay re 14 MOTION for Summary Judgment , 15 Cross MOTION for Summary Judgment (Nunc Pro Tunc) filed by JUDICIAL WATCH, INC.. (Fedeli, Chris) (Entered: 07/02/2018)
2018-07-16MINUTE ORDER: The Court has received Plaintiff's 26 Reply to Opposition to Motion to Stay. Plaintiff's 21 Motion to Stay requests a stay while Defendant processes Plaintiff's separate FOIA request seeking documents that Defendant has determined to be nonresponsive to the FOIA request at issue in this litigation. However, responsiveness of these documents is among the issues in the parties' 14 15 Motions for Summary Judgment as to the FOIA request in this case. A decision that the documents are not responsive would facilitate the resolution of this case. A decision that the documents are in fact responsive would result in an order that Defendant release the documents as part of this litigation. The Court finds that it is more efficient to resolve the responsiveness issue by deciding these motions for summary judgment than to wait an indefinite period of time for Defendant's full resolution of the separate FOIA request, or to wait some shorter period for one or more piecemeal updates on its status. Accordingly, in an exercise of the Court's discretion to efficiently manage this case, the Court shall DENY Plaintiff's 21 Motion to Stay. The Court shall proceed to evaluate the parties' 14 15 Motions for Summary Judgment. In the event that Defendant's processing of Plaintiff's separate FOIA request affects the pending motions prior to the Court's decision, the parties shall file a Joint Status Report identifying the developments and proposing the way in which the Court should handle the pending motions. Signed by Judge Colleen Kollar-Kotelly on July 16, 2018. (lcckk1) (Entered: 07/16/2018)
Hide Docket Events
by FOIA Project Staff
Skip to toolbar