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Case TitleWP COMPANY LLC v. UNITED STATES DEPARTMENT OF JUSTICE
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2017cv01340
Date Filed2017-07-07
Date ClosedOpen
JudgeJudge Trevor N. McFadden
PlaintiffWP COMPANY LLC d/b/a THE WASHINGTON POST
Case DescriptionWashington Post Deputy Editor David Fallis and Reporter Lenny Bernstein submitted a FOIA request to the Department of Justice for records concerning the DEA's investigation of prescription drug diversion by Cardinal Health and/or CVS. The request specifically asked for records of communications between the Office of the Attorney General and Jamie Gorelick and Craig Morford, who represented Cardinal Health and CVS. The Post also requested expedited processing and a fee waiver. The agency denied its request for expedited processing and indicated that the request qualified for unusual circumstances. The Post made a series of queries pertaining to its request and eventually filed an administrative appeal challenging the agency's failure to respond. OIP denied the appeal, arguing that no adverse determination had been made. The Post then filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantUNITED STATES DEPARTMENT OF JUSTICE
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
Complaint attachment 7
Complaint attachment 8
Complaint attachment 9
Complaint attachment 10
Complaint attachment 11
Complaint attachment 12
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2017-07-071COMPLAINT against UNITED STATES DEPARTMENT OF JUSTICE ( Filing fee $ 400 receipt number 0090-5022377) filed by WP COMPANY LLC. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Exhibit Exhibit C, # 4 Exhibit Exhibit D, # 5 Exhibit Exhibit E, # 6 Exhibit Exhibit F, # 7 Exhibit Exhibit G, # 8 Exhibit Exhibit H, # 9 Civil Cover Sheet Civil Cover Sheet, # 10 Summons, # 11 Summons, # 12 Summons)(Tobin, Charles) (Entered: 07/07/2017)
2017-07-072Corporate Disclosure Statement by WP COMPANY LLC. (Tobin, Charles) (Entered: 07/07/2017)
2017-07-07Case Assigned to Judge Amit P. Mehta. (zsb) (Entered: 07/07/2017)
2017-07-073SUMMONS (3) Issued Electronically as to UNITED STATES DEPARTMENT OF JUSTICE, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Consent Form)(zsb) (Entered: 07/07/2017)
2017-07-144RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES DEPARTMENT OF JUSTICE served on 7/7/2017 (Tobin, Charles) (Entered: 07/14/2017)
2017-07-145RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the District of Columbia Attorney General. Date of Service Upon District of Columbia Attorney General 7/7/2017. Answer due for ALL D.C. DEFENDANTS by 7/28/2017. (Tobin, Charles) (Entered: 07/14/2017)
2017-07-146RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 7/7/2017. Answer due for ALL FEDERAL DEFENDANTS by 8/6/2017. (Tobin, Charles) (Entered: 07/14/2017)
2017-08-077NOTICE of Appearance by Joshua M. Kolsky on behalf of UNITED STATES DEPARTMENT OF JUSTICE (Kolsky, Joshua) (Entered: 08/07/2017)
2017-08-078ANSWER to Complaint by UNITED STATES DEPARTMENT OF JUSTICE.(Kolsky, Joshua) (Entered: 08/07/2017)
2017-08-089ORDER: Both a Complaint and an Answer are now before the court in this FOIA case. It is hereby ordered that the parties shall meet and confer and file a Joint Status Report on or before August 22, 2017. See attached Order for additional details. Signed by Judge Amit P. Mehta on 08/08/2017. (lcapm3) (Entered: 08/08/2017)
2017-08-08Set/Reset Deadlines/Hearings: Joint Status Report due by 8/22/2017. (cdw) (Entered: 08/09/2017)
2017-08-2210Joint STATUS REPORT by UNITED STATES DEPARTMENT OF JUSTICE. (Kolsky, Joshua) (Entered: 08/22/2017)
2017-08-29MINUTE ORDER. The court has reviewed 10 the parties' Joint Status Report and considered the parties' positions, and orders Defendant to complete processing and release of all responsive, non-exempt records no later than October 30, 2017, with an interim production no later than September 28, 2017. Defendant shall endeavor to complete its Vaughn index on October 30, 2017. Thereafter, the parties shall meet and confer to resolve any disputes concerning the production and determine whether summary judgment briefing will be required. No later than November 7, 2017, the parties shall file a Joint Status Report indicating the status of production, any outstanding disputes, and the need for summary judgment briefing. The parties shall propose a briefing schedule, if needed. Signed by Judge Amit P. Mehta on 08/29/2017. (lcapm3) (Entered: 08/29/2017)
2017-11-02Case directly reassigned to Judge Trevor N. McFadden. Judge Amit P. Mehta is no longer assigned to the case. (ztnr) (Entered: 11/02/2017)
2017-11-0711Joint STATUS REPORT by UNITED STATES DEPARTMENT OF JUSTICE. (Kolsky, Joshua) (Entered: 11/07/2017)
2017-11-2212ORDER re Defendant's 17 Joint Status Report. In order to administer this civil action in a manner fair to the litigants and consistent with the parties' interest in completing this litigation in the shortest possible time and at the least possible cost, the parties are directed to comply with each of the procedural directives set forth in the attached Order. Furthermore, if any disputed issues remain to be briefed, the parties shall adhere to the following schedule: Defendant shall file its Motion for Summary Judgment by no later than December 15, 2017; Plaintiff shall file its Opposition to Defendant's Motion for Summary Judgment and its Cross-Motion for Summary Judgment by no later than January 12, 2018; Defendant shall file its Reply to Plaintiff's Opposition to Defendant's Motion for Summary Judgment and its Opposition to Plaintiff's Cross-Motion for Summary Judgment by no later than February 9, 2018; and Plaintiff shall file a Reply in support of its Cross-Motion for Summary Judgment by no later than February 23, 2018. SO ORDERED. Signed by Judge Trevor N. McFadden on 11/22/2017. (lctnm2) (Entered: 11/22/2017)
2017-11-22Set/Reset Deadlines: Defendant's motion for Summary Judgment due by 12/15/2017. Plaintiff's opposition to Defendant's motion for Summary Judgment and Cross-Motion due by 1/12/2018. Defendant's reply in support of its motion for Summary Judgment and opposition to Plaintiff's Cross-Motion due by 2/9/2018. Plaintiff's reply in support of its Cross-Motion due by 2/23/2018. (hmc) (Entered: 11/22/2017)
2017-12-1413Joint STATUS REPORT and Motion to Stay by UNITED STATES DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order)(Kolsky, Joshua) (Entered: 12/14/2017)
2017-12-1414Joint MOTION to Stay and Joint Status Report by UNITED STATES DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Kolsky, Joshua) (Entered: 12/14/2017)
2017-12-14MINUTE ORDER. Upon consideration of the parties' 14 Joint Status Report and Motion to Stay, it is hereby ORDERED that the motion is GRANTED.It is further ORDERED that the summary judgment briefing schedule currently in place is STAYED until further Order of this Court, and it is further ORDERED that the parties shall file another Joint Status Report on January 12, 2018, if this case remains pending at that time. SO ORDERED. Signed by Judge Trevor N. McFadden on 12/14/2017. (lctnm2) (Entered: 12/14/2017)
2017-12-15Set/Reset Deadlines: Joint Status Report due by 1/12/2018. (hmc) (Entered: 12/15/2017)
2018-01-1215STIPULATION of Settlement by UNITED STATES DEPARTMENT OF JUSTICE. (Kolsky, Joshua) (Entered: 01/12/2018)
2018-01-1216Joint STATUS REPORT by UNITED STATES DEPARTMENT OF JUSTICE. (Kolsky, Joshua) (Entered: 01/12/2018)
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by FOIA Project Staff