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Case TitleAMERICAN OVERSIGHT v. U.S. GENERAL SERVICES ADMINISTRATION
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2017cv01267
Date Filed2017-06-28
Date ClosedOpen
JudgeChief Judge Beryl A. Howell
PlaintiffAMERICAN OVERSIGHT
Case DescriptionAmerican Oversight submitted three FOIA requests to the General Services Administration. The first FOIA request was for records concerning the GSA's oversight of the Trump International Hotel. The second FOIA request was for records concerning contacts between the agency and members of the Trump administration's transition team. The third FOIA request was for records concerning contacts between the acting administrator of the GSA and the Trump administration. The agency acknowledged receipt of the requests and granted American Oversight's request for expedited processing for all three requests. However, after hearing nothing further from the agency, American Oversight filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Attorney's fees

DefendantU.S. GENERAL SERVICES ADMINISTRATION (GSA)
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Opinion/Order [31]
FOIA Project Annotation: Judge Beryl Howell has chided the General Services Administration for narrowing the scope of records responsive to a request by American Oversight concerning communications " particularly email attachments " between the agency and the Trump presidential transition team pertaining to its lease of the Old Post Office Building in Washington for use as a Trump International Hotel. She also found the agency's only explanation for its categorical Exemption 6 (invasion of privacy) claims was based on its policy for redacting third-party information rather than an actual review of the applicability of the exemption to the actual records withheld. While the agency also claimed a number of records were protected by Exemption 5 (privileges), Howell indicated that since the PPT did not qualify as a government agency, records shared with it lost any attorney-client privilege protection they may have had originally. The agency searches of "emails, calendar logs, and shared drive files" identified 3,730 pages of responsive records. GSA disclosed the records with redactions on nearly every page, including 2,000 pages with redactions claiming the attorney-client privilege. The agency also redacted names and contact information of PPT members because they were non-federal employees under Exemption 6, even though their names were publicly available on a PPT website. Although its original response contained only a two- page Vaughn index, the agency provided a lengthier index after AO challenged the sufficiency of the index. AO challenged the adequacy of GSA's search, and the breadth of its exemption claims under Exemption 5 and Exemption 6. Although its request was modified during negotiations with GSA, AO contended the agency had failed to search telephone call logs, calendar entries and stand-alone electronic records. By contrast, GSA admitted that it had not searched for telephone call logs, meeting agendas, or paper records, but argued that such a search "goes far beyond what is required by the FOIA" and that the search performed was "reasonably tailored" to the request "based on its knowledge of its [own] practices." To begin, Howell noted that "while records of emailed calendar invitations were produced, no actual calendar entries or logs were reflected in GSA's production." She ordered GSA to either search for the calendar entries or "to clarify the method and scope of such a search, as well as any withholdings of calendar entries." Howell faulted the agency for its narrow interpretation of AO's request. She pointed out that "when a request seeks 'communications,' the GSA reads no further and searches 'emails, calendar logs and shared drive files' as a default, irrespective of the specifics of a request. In this case, the plaintiff expressly sought 'telephone call logs' and 'all records reflecting communications,' which includes 'stand-alone electronic records' and 'paper records,' but GSA has not explained whether or not such records were searched for the requested communications." She added that "in other words, GSA performed a search using its default methodology for requests seeking 'communications,' but fails to take account of the specific aspects of the plaintiff's request that may warrant a broader search." While it conducted a search for emails, GSA decided such a search did not encompass email attachments because the request did not specifically ask for attachments. Howell pointed out that "while the FOIA request does not explicitly refer to attachments, the scope of the request for 'all records reflecting communications' plainly covered parts of email communications that were in the form of an attachment. GSA's blinkered literalism, distinguishing emails from email attachments, is at odds with the agency's 'duty to construe a FOIA request liberally.'" She noted that a recent decision, Coffey v. Bureau of Land Management, 277 F. Supp. 3d 1 (D.D.C. 2017), had specifically found that email attachments were included in a request for emails, particularly where the attachments were referred to in the emails themselves. Howell agreed with AO that the "attachments themselves are independently responsive to [AO's] request because they were communicated between GSA and PTT." Howell questioned GSA's primary basis for its attorney-client privilege claims. She pointed out that "GSA concedes that, based on Justice Department guidance, 'transition teams are considered nonagencies for purposes of the FOIA,' meaning that Exemption 5 cannot apply to any communications between GSA and the PTT. Thus, to the extent that GSA relied on Exemption 5 to withhold any communications between GSA and the PTT. . .it must produce the withheld material to the plaintiff." AO challenged several instances in which the agency's claim of privilege seemed suspect. One was a request from the PPT for a list of relevant Executive Orders. GSA withheld its response as privileged. Howell observed that "information about the availability of a resource list, even if produced by an attorney, falls far afield of the provision of legal advice necessary for the attorney-client privilege to attach. Moreover, given the context, to the extent that the GSA attorney's response regarding the availability of any list of pertinent Executive Orders was then shared with the requesting PPT member, no privilege would apply." To justify further withholding, Howell told the agency if would need to "submit a fulsome explanation with sufficient information to assess whether each redaction under Exemption 5 is properly withheld under the attorney-client privilege." GSA had redacted the names of PPT members because they were not federal employees. Howell observed that "contrary to GSA's construction of FOIA's Exemption 6, neither the text nor relevant case law, permits, let alone requires, the automatic withholding of non-federal employees' names." She found that the names and contact information for PPT members had been made publicly available on a PPT website and that GSA had acknowledged that all PPT members were listed on the website. Howell noted that "GSA's Exemption 6 redactions obscure which of the publicly-named PPT members were referenced in, or included on, certain emails, even though those names are already 'out of the bag' and are no longer subject to a significant protectable privacy interest." Howell identified a strong public interest in learning more about "the actions of GSA and PTT members working with GSA in carrying out the agency's statutory duty during the presidential transition" and observed that "any privacy interest of PTT members in non-disclosure of their names on communications with GSA is outweighed by that public interest in disclosure."
Issues: Adequacy - Search, Exemption 5 - Privileges - Attorney-client privilege, Exemption 6 - Invasion of privacy
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2017-06-281COMPLAINT against U.S. GENERAL SERVICES ADMINISTRATION ( Filing fee $ 400 receipt number 0090-5010154) filed by AMERICAN OVERSIGHT. (Attachments: # 1 Civil Cover Sheet, # 2 Summons for U.S. Attorney, # 3 Summons for Attorney General, # 4 Summons for GSA)(Cafasso, Cerissa) (Entered: 06/28/2017)
2017-06-282LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by AMERICAN OVERSIGHT (Cafasso, Cerissa) (Entered: 06/28/2017)
2017-06-28Case Assigned to Chief Judge Beryl A. Howell. (md) (Entered: 06/28/2017)
2017-06-283SUMMONS (3) Issued Electronically as to U.S. GENERAL SERVICES ADMINISTRATION, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice of Consent) (md) (Entered: 06/28/2017)
2017-06-284STANDING ORDER. Signed by Chief Judge Beryl A. Howell on June 28, 2017. (lcbah3) (Entered: 06/28/2017)
2017-07-255RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 7/3/2017. ( Answer due for ALL FEDERAL DEFENDANTS by 8/2/2017.), RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. GENERAL SERVICES ADMINISTRATION served on 7/3/2017, RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 7/3/2017. (Attachments: # 1 Exhibit)(Cafasso, Cerissa) (Entered: 07/25/2017)
2017-08-016NOTICE of Appearance by Alexander Daniel Shoaibi on behalf of U.S. GENERAL SERVICES ADMINISTRATION (Shoaibi, Alexander) (Entered: 08/01/2017)
2017-08-017ANSWER to Complaint by U.S. GENERAL SERVICES ADMINISTRATION.(Shoaibi, Alexander) (Entered: 08/01/2017)
2017-08-298Joint STATUS REPORT by U.S. General Services Administration and by AMERICAN OVERSIGHT. (Cafasso, Cerissa) (Entered: 08/29/2017)
2017-08-30MINUTE ORDER (paperless) DIRECTING, in light of the parties' 8 Joint Status Report, the parties to file, by September 11, 2017, a joint status report advising the Court of any outstanding issues in this case and proposing a briefing schedule for the filing of any anticipated dispositive motions. Signed by Chief Judge Beryl A. Howell on August 30, 2017. (lcbah3) (Entered: 08/30/2017)
2017-08-31Set/Reset Deadlines: Joint Status Report due by 9/11/2017. (mac) (Entered: 08/31/2017)
2017-09-119Joint STATUS REPORT by U.S. GENERAL SERVICES ADMINISTRATION. (Shoaibi, Alexander) (Entered: 09/11/2017)
2017-09-12MINUTE ORDER (paperless) DIRECTING, in light of the parties' 9 Joint Status Report, the parties to file, by October 10, 2017, another joint status report, which shall include a proposed scheduling order to govern further proceedings in this case. Signed by Chief Judge Beryl A. Howell on September 12, 2017. (lcbah3) (Entered: 09/12/2017)
2017-09-13Set/Reset Deadlines: Joint Status Report due by 10/10/2017. (tg) (Entered: 09/13/2017)
2017-10-1010Joint STATUS REPORT by U.S. General Services Administration and by AMERICAN OVERSIGHT. (Attachments: # 1 Text of Proposed Order)(Cafasso, Cerissa) (Entered: 10/10/2017)
2017-10-10MINUTE ORDER (paperless) ISSUING the following SCHEDULING ORDER, in light of the parties' 10 Joint Status Report: the defendant shall, by November 30, 2017, file its motion for summary judgment; the plaintiff shall, by December 21, 2017, file its opposition to defendants motion for summary judgment and any cross-motion for summary judgment; the defendant shall, by January 12, 2018, file its reply in support of its motion for summary judgment and its opposition to plaintiffs cross-motion; and the plaintiff shall, by January 22, 2018, file its reply in support of its cross-motion. Signed by Chief Judge Beryl A. Howell on October 10, 2017. (lcbah3) (Entered: 10/10/2017)
2017-10-11Set/Reset Deadlines: Defendant's Motion for Summary Judgment due by 11/30/2017. Plaintiff's Opposition to Defendant's Motion for Summary Judgment and any Cross-Motion for Summary Judgment due by 12/21/2017. Defendant's Reply in support of its Motion for Summary Judgment and Opposition to Plaintiff's Cross-Motion due by 1/12/2018. Plaintiff's Reply in support of its Cross-Motion due by 1/22/2018. (hmc) (Entered: 10/11/2017)
2017-11-3011Consent MOTION for Extension of Time to File Motion for Summary Judgment by U.S. GENERAL SERVICES ADMINISTRATION (Attachments: # 1 Text of Proposed Order)(Shoaibi, Alexander) (Entered: 11/30/2017)
2017-11-30MINUTE ORDER (paperless) GRANTING the parties' 11 Consent Motion for Extension of Time to File Motion for Summary Judgment and ISSUING the following Scheduling Order: the defendant shall, by December 1, 2017, file its motion for summary judgment; the plaintiff shall, by December 22, 2017, file its opposition to the defendant's motion for summary judgment and any cross-motion for summary judgment; the defendant shall, by January 12, 2018, file its reply in support of its motion for summary judgment and its opposition to the plaintiff's cross-motion; and the plaintiff shall, by January 22, 2018, file its reply in support of its cross-motion. Signed by Chief Judge Beryl A. Howell on November 30, 2017. (lcbah3) (Entered: 11/30/2017)
2017-12-01Set/Reset Deadlines: Summary Judgment motions due by 12/1/2017; Cross-Motion and Opposition to Motion for Summary Judgment due by 12/22/2017; Opposition to Cross-Motion and Reply to Opposition to Motion for Summary Judgment due by 1/12/2018; Reply to Opposition to Cross Motion due by 1/22/2018. (tg) (Entered: 12/01/2017)
2017-12-0112MOTION for Summary Judgment by U.S. GENERAL SERVICES ADMINISTRATION (Attachments: # 1 Declaration of Travis Lewis, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F)(Shoaibi, Alexander) (Entered: 12/01/2017)
2017-12-1813NOTICE of filing of Supplemental Declaration by U.S. GENERAL SERVICES ADMINISTRATION (Shoaibi, Alexander) (Entered: 12/18/2017)
2017-12-2214Cross MOTION for Summary Judgment by AMERICAN OVERSIGHT (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order, # 3 Declaration, # 4 Statement of Facts)(Cafasso, Cerissa) (Entered: 12/22/2017)
2017-12-2215Memorandum in opposition to re 12 MOTION for Summary Judgment filed by AMERICAN OVERSIGHT. (Attachments: # 1 Text of Proposed Order, # 2 Declaration, # 3 Statement of Facts)(Cafasso, Cerissa) (Entered: 12/22/2017)
2018-01-0916Consent MOTION for Extension of Time to File Opposition to Cross-Motion for Summary Judgment and Reply in Support of Motion for Summary Judgment by U.S. GENERAL SERVICES ADMINISTRATION (Attachments: # 1 Text of Proposed Order)(Shoaibi, Alexander) (Entered: 01/09/2018)
2018-01-09MINUTE ORDER (paperless) GRANTING the parties' 16 Consent Motion for Extension of Time to File Opposition to Cross-Motion for Summary Judgment and Reply in Support of Motion for Summary Judgment and ISSUING the following Scheduling Order: the defendant shall, by January 22, 2018, file its reply in support of its motion for summary judgment and its opposition to plaintiff's cross-motion; and the plaintiff shall, by January 29, 2018, file its reply in support of its cross-motion. Signed by Chief Judge Beryl A. Howell on January 9, 2018. (lcbah3) (Entered: 01/09/2018)
2018-01-09Set/Reset Deadlines: Defendant's reply in support of its Motion for Summary Judgment and opposition to Plaintiff's Cross-Motion due by 1/22/2018. Plaintiff's reply in support of its Cross-Motion due by 1/29/2018. (hmc) (Entered: 01/09/2018)
2018-01-2217Consent MOTION for Extension of Time to File Opposition to Cross-Motion for Summary Judgment and Reply in Support of Motion for Summary Judgment by U.S. GENERAL SERVICES ADMINISTRATION (Attachments: # 1 Text of Proposed Order)(Shoaibi, Alexander) (Entered: 01/22/2018)
2018-01-24MINUTE ORDER (paperless) GRANTING the parties' 17 Consent Motion for Extension of Time to File Reply in Support Motion for Summary Judgment and Opposition to Cross-Motion for Summary Judgment and ISSUING the following Scheduling Order: the defendant shall, by January 26, 2018, file its reply in support of its motion for summary judgment and its opposition to plaintiff's cross-motion; and the plaintiff shall, by February 2, 2018, file its reply in support of its cross-motion. Signed by Chief Judge Beryl A. Howell on January 24, 2018. (lcbah3) (Entered: 01/24/2018)
2018-01-25Set/Reset Deadlines: Reply in Support to Motion for Summary Judgment and Opposition to Cross-Motion due by 1/26/2018; Reply to Opposition to Cross-Motion due by 2/2/2018. (tg) (Entered: 01/25/2018)
2018-01-2618Consent MOTION for Extension of Time to File Opposition to Cross-motion for Summary Judgment and Reply in Support of Motion for Summary Judgment by U.S. GENERAL SERVICES ADMINISTRATION (Attachments: # 1 Text of Proposed Order)(Shoaibi, Alexander) (Entered: 01/26/2018)
2018-01-26MINUTE ORDER (paperless) GRANTING the parties' 18 Consent Motion for Extension of Time to File Reply in Support Motion for Summary Judgment and Opposition to Cross-Motion for Summary Judgment and ISSUING the following Scheduling Order: the defendant shall, by January 30, 2018, file its reply in support of its motion for summary judgment and its opposition to plaintiff's cross-motion; and the plaintiff shall, by February 6, 2018, file its reply in support of its cross-motion. Signed by Chief Judge Beryl A. Howell on January 26, 2018. (lcbah3) (Entered: 01/26/2018)
2018-01-29Set/Reset Deadlines: Reply in support of motion for summary judgment and opposition to cross-motion due by 1/30/2018; reply to opposition to cross-motion due by 2/6/2018. (tg) (Entered: 01/29/2018)
2018-01-3019MOTION for Extension of Time to File Reply in Support of Motion for Summary Judgment and Opposition to Cross-motion for Summary Judgment by U.S. GENERAL SERVICES ADMINISTRATION (Attachments: # 1 Text of Proposed Order)(Shoaibi, Alexander) (Entered: 01/30/2018)
2018-01-3020RESPONSE re 19 MOTION for Extension of Time to File Reply in Support of Motion for Summary Judgment and Opposition to Cross-motion for Summary Judgment filed by AMERICAN OVERSIGHT. (Cafasso, Cerissa) (Entered: 01/30/2018)
2018-01-3021REPLY to opposition to motion re 19 MOTION for Extension of Time to File Reply in Support of Motion for Summary Judgment and Opposition to Cross-motion for Summary Judgment filed by U.S. GENERAL SERVICES ADMINISTRATION. (Shoaibi, Alexander) (Entered: 01/30/2018)
2018-01-31MINUTE ORDER (paperless) GRANTING, upon consideration of the plaintiff's 20 Opposition and the defendant's 21 Reply, the defendant's 19 Motion for Extension of Time to File Reply in Support Motion for Summary Judgment and Opposition to Cross-Motion for Summary Judgment and ISSUING the following Scheduling Order: the defendant shall, by February 2, 2018, file its reply in support of its motion for summary judgment and its opposition to plaintiff's cross-motion; and the plaintiff shall, by February 9, 2018, file its reply in support of its cross-motion. Signed by Chief Judge Beryl A. Howell on January 31, 2018. (lcbah3) (Entered: 01/31/2018)
2018-01-31Set/Reset Deadlines: Reply in support of motion for summary judgment and opposition to cross-motion due by 2/2/2018; reply in support of cross-motion due by 2/9/2018. (tg) (Entered: 01/31/2018)
2018-02-0222Consent MOTION for Extension of Time to File Reply in Support of Motion for Summary Judgment and Opposition to Cross-motion for Summary Judgment by U.S. GENERAL SERVICES ADMINISTRATION (Attachments: # 1 Text of Proposed Order)(Shoaibi, Alexander) (Entered: 02/02/2018)
2018-02-02MINUTE ORDER (paperless) GRANTING the parties' 22 Consent Motion for Extension of Time to File Reply in Support of Motion for Summary Judgment and Opposition to Cross-motion for Summary Judgment and ISSUING the following Scheduling Order: the defendant shall, by February 5, 2018, file its reply in support of its motion for summary judgment and its opposition to plaintiff's cross-motion; and the plaintiff shall, by February 12, 2018, file its reply in support of its cross-motion. Signed by Chief Judge Beryl A. Howell on February 2, 2018. (lcbah3) (Entered: 02/02/2018)
2018-02-02Set/Reset Deadlines: Opposition to Cross-Motion and Reply to Opposition to Motion for Summary Judgment due by 2/5/2018; Reply to Opposition to Cross Motion due by 2/12/2018. (tg) (Entered: 02/02/2018)
2018-02-0523MOTION for Extension of Time to File Reply in Support of Motion for Summary Judgment and Opposition to Cross-Motion for Summary Judgent by U.S. GENERAL SERVICES ADMINISTRATION (Attachments: # 1 Text of Proposed Order)(Shoaibi, Alexander) (Entered: 02/05/2018)
2018-02-05MINUTE ORDER (paperless) GRANTING the defendant's 23 Motion for Extension of Time to File Reply in Support of Motion for Summary Judgment and Opposition to Cross-motion for Summary Judgment and ISSUING the following Scheduling Order: the defendant shall, by February 6, 2018, file its reply in support of its motion for summary judgment and its opposition to plaintiff's cross-motion; and the plaintiff shall, by February 13, 2018, file its reply in support of its cross-motion. Signed by Chief Judge Beryl A. Howell on February 5, 2018. (lcbah3) (Entered: 02/05/2018)
2018-02-06Set/Reset Deadlines: Reply in support to motion for summary judgment and opposition to cross-motiion due by 2/6/2018; reply to opposition to cross-motion due by 2/13/2018. (tg) (Entered: 02/06/2018)
2018-02-0624REPLY to opposition to motion re 12 MOTION for Summary Judgment filed by U.S. GENERAL SERVICES ADMINISTRATION. (Attachments: # 1 Statement of Facts, # 2 Exhibit Vaughn Index, # 3 Text of Proposed Order)(Shoaibi, Alexander) (Entered: 02/06/2018)
2018-02-0625Memorandum in opposition to re 14 Cross MOTION for Summary Judgment filed by U.S. GENERAL SERVICES ADMINISTRATION. (Attachments: # 1 Statement of Facts, # 2 Exhibit Vaughn Index, # 3 Text of Proposed Order)(Shoaibi, Alexander) (Entered: 02/06/2018)
2018-02-0926Consent MOTION for Extension of Time to File Response/Reply as to 14 Cross MOTION for Summary Judgment by AMERICAN OVERSIGHT (Cafasso, Cerissa) (Entered: 02/09/2018)
2018-02-09MINUTE ORDER (paperless) GRANTING the plaintiff's 26 Consent Motion for Extension of Time to File Response/Reply and ISSUING the following Scheduling Order: the plaintiff shall, by February 20, 2018, file its reply in support of its cross-motion. Signed by Chief Judge Beryl A. Howell on February 9, 2018. (lcbah3) (Entered: 02/09/2018)
2018-02-09Set/Reset Deadlines: Plaintiff's reply in support of its Cross-Motions due by 2/20/2018. (hmc) (Entered: 02/09/2018)
2018-02-1327ERRATA by U.S. GENERAL SERVICES ADMINISTRATION 25 Memorandum in Opposition, filed by U.S. GENERAL SERVICES ADMINISTRATION. (Attachments: # 1 Corrected Revised Vaughn Index)(Shoaibi, Alexander) (Entered: 02/13/2018)
2018-02-2028REPLY to opposition to motion re 14 Cross MOTION for Summary Judgment filed by AMERICAN OVERSIGHT. (Attachments: # 1 Declaration, # 2 Text of Proposed Order)(Cafasso, Cerissa) (Entered: 02/20/2018)
2018-04-09MINUTE ORDER (paperless) DIRECTING the defendant to submit, by noon on April 13, 2018, a supplemental affidavit explaining the discrepancy between the defendant's differing representations regarding whether the names of Trump transition team members are public. Compare Def.'s Mot. Summ. J., Attach. 1, Decl. of Travis Lewis ¶¶ 25-26 (relying on FOIA's Exemption 6 to protect against "a clearly unwarranted invasion of personal privacy... to withhold from release the individual transition team members names"), ECF No. 12-1; Def.'s Response to Pl.'s Statement of Material Facts ¶ 7, ECF No. 24-1 ("Defendant denies the allegations contained in Paragraph 7 [that the names were publicly available]."), with Def.'s Mot. Summ. J., Ex. D at 1, Email from Duane Smith, GSA, to Cerissa Cafasso, American Oversight (July 26, 2017), ECF No. 12-5 (stating that "This email confirms that the individuals listed on the greatagain.gov [s]ite are those who were members of the Agency Transition team in its entirety."); Pl.'s Cross-Mot. Summ. J., Attach. 3, Decl. of Cerissa Cafasso, Ex. 4 at 34-36, ECF No. 14-3 (showing screenshot taken on May 15, 2017, from greatagain.gov website showing list of Trump transition's GSA team). Signed by Chief Judge Beryl A. Howell on April 9, 2018. (lcbah3) (Entered: 04/09/2018)
2018-04-10Set/Reset Deadlines: Defendant's supplemental affidavit due by noon on 4/13/2018. (tg) (Entered: 04/10/2018)
2018-04-1229NOTICE of Filing by U.S. GENERAL SERVICES ADMINISTRATION re Order,,,,, (Attachments: # 1 Declaration of Travis Lewis)(Shoaibi, Alexander) (Entered: 04/12/2018)
2018-05-0330ORDER DENYING the defendant's 12 Motion for Summary Judgment and GRANTING in part and DENYING in part the plaintiff's 14 Cross-Motion for Summary Judgment. See Order for further details. Signed by Chief Judge Beryl A. Howell on May 3, 2018. (lcbah3) (Entered: 05/03/2018)
2018-05-0331MEMORANDUM OPINION regarding the defendant's 12 Motion for Summary Judgment and the plaintiff's 14 Cross-Motion for Summary Judgment. Signed by Chief Judge Beryl A. Howell on May 3, 2018. (lcbah3) (Entered: 05/03/2018)
2018-05-10Set/Reset Deadlines: Defendant's submission due by 5/23/2018; Joint Status Report due by 6/18/2018. (tg) (Entered: 05/10/2018)
2018-05-2332RESPONSE TO ORDER OF THE COURT Notice of Defendant's Response to May 3, 2018 Court Order by U.S. GENERAL SERVICES ADMINISTRATION re 31 Memorandum & Opinion, Set/Reset Deadlines, 30 Order on Motion for Summary Judgment, (Attachments: # 1 Exhibit Corrected Response to Statement of Facts)(Shoaibi, Alexander) Modified event title on 5/25/2018 (znmw). (Entered: 05/23/2018)
2018-05-24MINUTE ORDER (paperless) GRANTING, upon consideration of the defendant's 32 Response to this Court's 30 Order, the defendant's request that the defendant's [32-1] Corrected Response to Plaintiff's Statement of Material Facts Not In Genuine Dispute be docketed. Signed by Chief Judge Beryl A. Howell on May 24, 2018. (lcbah3) (Entered: 05/24/2018)
2018-05-2433Corrected RESPONSE re 14 Cross MOTION for Summary Judgment filed by U.S. GENERAL SERVICES ADMINISTRATION. (zrdj) (Entered: 05/24/2018)
2018-06-0134Consent MOTION for Extension of Time to Produce Certain Documents by U.S. GENERAL SERVICES ADMINISTRATION (Attachments: # 1 Text of Proposed Order)(Shoaibi, Alexander) (Entered: 06/01/2018)
2018-06-04MINUTE ORDER (paperless) GRANTING the defendant's 34 Consent Motion for Extension of Time to Produce Certain Documents and DIRECTING the defendant to produce, by July 2, 2018, "responsive records previously withheld under Exemption 5 that have been shared with the PTT or other non-federal agency entities"; "information previously withheld under Exemption 5 and the attorney-client privilege, or a supplemental Vaughn Index justifying any such withholdings"; and "information previously withheld under Exemption 6 pertaining to PTT members' names." Signed by Chief Judge Beryl A. Howell on June 4, 2018. (lcbah3) (Entered: 06/04/2018)
2018-06-04Set/Reset Deadlines: Defendant's responsive records due by 7/2/2018, pursuant to Minute Order entered on 6/4/2018. (tg) (Entered: 06/04/2018)
2018-06-1835Joint STATUS REPORT by AMERICAN OVERSIGHT. (Cafasso, Cerissa) (Entered: 06/18/2018)
2018-06-19MINUTE ORDER (paperless) DIRECTING, upon consideration of the parties' 35 Joint Status Report, the parties to file, by July 13, 2018, a joint status report advising the Court whether any disputes remain between the parties and, if so, a proposed schedule to resolve any remaining issues in this case. Signed by Chief Judge Beryl A. Howell on June 19, 2018. (lcbah3) (Entered: 06/19/2018)
2018-06-19Set/Reset Deadlines: Joint Status Report due by 7/13/2018. (tg) (Entered: 06/19/2018)
2018-07-1336Joint STATUS REPORT by AMERICAN OVERSIGHT. (Cafasso, Cerissa) (Entered: 07/13/2018)
2018-07-13MINUTE ORDER (paperless) DIRECTING, upon consideration of the parties' 36 Joint Status Report, the parties to file, by August 13, 2018, a joint status report advising the Court whether any disputes remain between the parties and, if so, a proposed schedule to resolve any remaining issues in this case. Signed by Chief Judge Beryl A. Howell on July 13, 2018. (lcbah3) (Entered: 07/13/2018)
2018-07-16Set/Reset Deadlines: Joint Status Report due by 8/13/2018. (tg) (Entered: 07/16/2018)
2018-08-1337Joint STATUS REPORT by U.S. GENERAL SERVICES ADMINISTRATION. (Adebonojo, Kenneth) (Entered: 08/13/2018)
2018-08-14MINUTE ORDER (paperless) DIRECTING, upon consideration of the parties' 37 Joint Status Report, the parties to file, by September 28, 2018, a joint status report advising the Court whether any disputes remain between the parties and, if so, a proposed schedule to resolve any remaining issues in this case. Signed by Chief Judge Beryl A. Howell on August 14, 2018. (lcbah3) (Entered: 08/14/2018)
2018-08-14Set/Reset Deadlines: Joint Status Report due by 9/28/2018. (tg) (Entered: 08/14/2018)
2018-09-2838Joint STATUS REPORT by AMERICAN OVERSIGHT. (Cafasso, Cerissa) (Entered: 09/28/2018)
2018-09-28MINUTE ORDER (paperless) DIRECTING, upon consideration of the parties' 38 Joint Status Report, the parties to file, by October 26, 2018, a joint status report advising the Court whether any disputes remain between the parties and, if so, a proposed schedule to resolve any remaining issues in this case. Signed by Chief Judge Beryl A. Howell on September 28, 2018. (lcbah3) (Entered: 09/28/2018)
2018-10-01Set/Reset Deadlines: Joint Status Report due by 10/26/2018. (tg) (Entered: 10/01/2018)
2018-10-2639Joint STATUS REPORT by AMERICAN OVERSIGHT. (Cafasso, Cerissa) (Entered: 10/26/2018)
2018-10-26MINUTE ORDER (paperless) DIRECTING, upon consideration of the parties' 39 Joint Status Report, the parties to file, by November 30, 2018, a joint status report advising the Court whether any disputes remain between the parties and, if so, a proposed schedule to resolve any remaining issues in this case. Signed by Chief Judge Beryl A. Howell on October 26, 2018. (lcbah3) (Entered: 10/26/2018)
2018-10-26Set/Reset Deadlines: Joint Status Report due by 11/30/2018. (tg) (Entered: 10/26/2018)
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