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Case TitleTERRY et al v. U.S. DEPARTMENT OF STATE
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2017cv01585
Date Filed2017-08-06
Date Closed2021-04-28
JudgeJudge Emmet G. Sullivan
PlaintiffKENT TERRY
PlaintiffDAVID CODREA
Case DescriptionKent Terry, brother of slain Border Patrol agent Brian Terry, and David Codrea, an Internet blogger on Second Amendment issues, submitted a FOIA request to the Department of State for records concerning Operation Fast and Furious and correspondence to and from Kevin O'Reilly. The agency acknowledged receipt of the request, but after hearing nothing further from the agency, Terry and Codrea filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Vaughn index, Litigation - Attorney's fees

DefendantU.S. DEPARTMENT OF STATE
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

2017-08-061COMPLAINT against U.S. DEPARTMENT OF STATE ( Filing fee $ 400 receipt number 0090-5063267) filed by KENT TERRY, DAVID CODREA. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit Exhibit A FOIA to US State Department, # 3 Summons Summons on AG, # 4 Summons Summons on DOS, # 5 Summons Summons on US ATTY)(Stamboulieh, Stephen) (Entered: 08/06/2017)
2017-08-08Case Assigned to Judge Emmet G. Sullivan. (md) (Entered: 08/08/2017)
2017-08-082STANDING 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 08/08/17. (Attachment: # 1 Exhibit 1) (mac) (Entered: 08/08/2017)
2017-08-083SUMMONS (3) Issued Electronically as to U.S. DEPARTMENT OF STATE, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice of Consent) (md) (Entered: 08/08/2017)
2017-08-204RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 8/14/2017. (Attachments: # 1 Exhibit Certiifed Mail Return)(Stamboulieh, Stephen) (Entered: 08/20/2017)
2017-08-225RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 8/22/2017. Answer due for ALL FEDERAL DEFENDANTS by 9/21/2017. (Attachments: # 1 Certiifed Mail Return, # 2 Mailing Envelope)(Stamboulieh, Stephen) (Entered: 08/22/2017)
2017-08-286RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF STATE served on 8/28/2017 (Attachments: # 1 Department of State Signature Receipt, # 2 Receipt and Proof of Mailing (3rd attempt))(Stamboulieh, Stephen) (Entered: 08/28/2017)
2017-08-317NOTICE of Appearance by Marina Utgoff Braswell on behalf of U.S. DEPARTMENT OF STATE (Braswell, Marina) (Entered: 08/31/2017)
2017-09-138ANSWER to Complaint by U.S. DEPARTMENT OF STATE.(Braswell, Marina) (Entered: 09/13/2017)
2017-09-19MINUTE ORDER. Plaintiff brings this action pursuant to the Freedom of Information Act ("FOIA"), 5 U.S.C. § 552. The parties are directed to meet and confer and propose a joint scheduling order for further proceedings in this case by no later than October 13, 2017. The parties' joint proposed scheduling order shall address the following: (1) the status of plaintiff's FOIA request; (2) the anticipated number of documents responsive to plaintiff's FOIA request; (3) the anticipated date(s) for release of documents responsive to plaintiff's FOIA request; (4) whether a motion for an Open America stay is likely in this case; (5) whether a Vaughn index will be required in this case; (6) whether this case would benefit from referral to a magistrate judge or the District Court Mediation Program for purposes of settlement; and (7) a proposed briefing schedule for dispositive motions, if applicable. If the parties are unable to agree on a joint recommendation, the joint proposed scheduling order shall include each party's individual recommendations. Signed by Judge Emmet G. Sullivan on September 19, 2017. (lcegs2) (Entered: 09/19/2017)
2017-09-20Set/Reset Deadlines: Proposed Joint Scheduling Order For Further Proceedings due by 10/13/2017. (mac) (Entered: 09/20/2017)
2017-10-139Joint STATUS REPORT by DAVID CODREA, KENT TERRY. (Stamboulieh, Stephen) (Entered: 10/13/2017)
2017-10-18MINUTE ORDER. In view of the parties' joint status report, the parties are directed to file a further joint status report by no later than November 15, 2017. Signed by Judge Emmet G. Sullivan on October 18, 2017. (lcegs2) (Entered: 10/18/2017)
2017-10-18Set/Reset Deadlines: Joint Status Report due by 11/15/2017. (mac) (Entered: 10/18/2017)
2017-11-1510Joint STATUS REPORT by DAVID CODREA, KENT TERRY. (Stamboulieh, Stephen) (Entered: 11/15/2017)
2017-11-17MINUTE ORDER. In view of the parties' joint status report, the parties are directed to file a further joint status report by no later than January 15, 2018. Signed by Judge Emmet G. Sullivan on November 17, 2017. (lcegs2) (Entered: 11/17/2017)
2017-11-17Set/Reset Deadlines: Status Report due by 1/15/2018. (mac) (Entered: 11/17/2017)
2018-01-1611Joint STATUS REPORT by U.S. DEPARTMENT OF STATE. (Braswell, Marina) (Entered: 01/16/2018)
2018-01-17MINUTE ORDER. In view of 11 the parties' joint status report, the parties are directed to file a further joint status report by no later than March 15, 2018. Signed by Judge Emmet G. Sullivan on January 17, 2018. (lcegs2) (Entered: 01/17/2018)
2018-01-17Set/Reset Deadlines: Joint Status Report due by 3/15/2018. (mac) (Entered: 01/17/2018)
2018-03-1512Joint STATUS REPORT by DAVID CODREA, KENT TERRY. (Stamboulieh, Stephen) (Entered: 03/15/2018)
2018-03-19MINUTE ORDER in view of 12 the parties' joint status report, the parties are directed to file a further joint status report by no later than June 15, 2018. Signed by Judge Emmet G. Sullivan on 3/19/2018. (lcegs3) (Entered: 03/19/2018)
2018-03-19Set/Reset Deadlines: Joint Status Report due by 6/15/2018. (mac) (Entered: 03/19/2018)
2018-06-1513Joint STATUS REPORT by U.S. DEPARTMENT OF STATE. (Braswell, Marina) (Entered: 06/15/2018)
2018-07-20MINUTE ORDER. In view of 13 the parties' joint status report, the parties are directed to file a further joint status with a recommendation for further proceedings by no later than September 15, 2018. Signed by Judge Emmet G. Sullivan on 7/20/2018. (lcegs1) (Entered: 07/20/2018)
2018-07-23Set/Reset Deadlines: Joint Status Report due by 9/15/2018. (mac) (Entered: 07/23/2018)
2018-09-1414Joint STATUS REPORT by U.S. DEPARTMENT OF STATE. (Braswell, Marina) (Entered: 09/14/2018)
2018-10-02MINUTE ORDER. In light of 14 the parties' joint status report, the parties are directed to file a further joint status report by no later than November 15, 2018. Signed by Judge Emmet G. Sullivan on 10/2/2018. (lcegs2) (Entered: 10/02/2018)
2018-10-02Set/Reset Deadlines: Further Status Report due by 11/15/2018. (mac) (Entered: 10/02/2018)
2018-11-1515Joint STATUS REPORT by DAVID CODREA, KENT TERRY. (Stamboulieh, Stephen) (Entered: 11/15/2018)
2018-11-20MINUTE ORDER. In light of 15 the parties' joint status report, the parties are directed to submit a further joint status report by no later than January 14, 2019. Signed by Judge Emmet G. Sullivan on 11/20/2018. (lcegs2) (Entered: 11/20/2018)
2018-11-21Set/Reset Deadlines: Joint Status Report due by 1/14/2019. (mac) (Entered: 11/21/2018)
2019-01-1116MOTION to Stay (Defendant's Motion to Stay Proceedings in Light of Lapse in Appropriations) by U.S. DEPARTMENT OF STATE (Attachments: # 1 Text of Proposed Order)(Braswell, Marina) (Entered: 01/11/2019)
2019-01-1417RESPONSE re 16 MOTION to Stay (Defendant's Motion to Stay Proceedings in Light of Lapse in Appropriations) filed by DAVID CODREA, KENT TERRY. (Stamboulieh, Stephen) (Entered: 01/14/2019)
2019-01-15MINUTE ORDER granting 16 unopposed motion to stay in light of lapse of appropriations. Defendant is directed to file a joint status report by no later than seven days after Congress has appropriated funds. The status report shall include a recommendation for further proceedings. Signed by Judge Emmet G. Sullivan on 1/15/2019. (lcegs2) (Entered: 01/15/2019)
2019-01-3118Joint STATUS REPORT by DAVID CODREA, KENT TERRY. (Stamboulieh, Stephen) (Entered: 01/31/2019)
2019-02-04MINUTE ORDER. In light of 18 the parties' joint status report, the parties are directed to file a further joint status report by no later than April 1, 2019. Signed by Judge Emmet G. Sullivan on 2/4/2019. (lcegs2) (Entered: 02/04/2019)
2019-02-04Set/Reset Deadlines: Joint Status Report due by 4/1/2019 (mac) (Entered: 02/04/2019)
2019-04-0119Joint STATUS REPORT by U.S. DEPARTMENT OF STATE. (Braswell, Marina) (Entered: 04/01/2019)
2019-04-02MINUTE ORDER. In light of 19 the parties' joint status report, the parties are directed to file a further joint status report by no later than June 3, 2019. Signed by Judge Emmet G. Sullivan on 4/2/2019. (lcegs2) (Entered: 04/02/2019)
2019-04-03Set/Reset Deadlines: Joint Status Report due by 6/3/2019. (mac) (Entered: 04/03/2019)
2019-06-0320Joint STATUS REPORT by DAVID CODREA, KENT TERRY. (Stamboulieh, Stephen) (Entered: 06/03/2019)
2019-06-21MINUTE ORDER. In light of 20 the parties' joint status report, the parties are directed to file a further joint status report by no later than August 26, 2019. Signed by Judge Emmet G. Sullivan on 6/21/2019. (lcegs2) (Entered: 06/21/2019)
2019-06-24Set/Reset Deadlines: Further Joint Status Report due by 8/26/2019. (mac) (Entered: 06/24/2019)
2019-08-2621Joint STATUS REPORT by DAVID CODREA, KENT TERRY. (Stamboulieh, Stephen) (Entered: 08/26/2019)
2019-09-03MINUTE ORDER. In light of 21 the parties' joint status report, the parties are directed to file a further joint status report by no later than October 22, 2019. Signed by Judge Emmet G. Sullivan on 9/3/2019. (lcegs2) (Entered: 09/03/2019)
2019-09-03Set/Reset Deadlines: Further Joint Status Report due by 10/22/2019. (mac) (Entered: 09/03/2019)
2019-10-2122Joint STATUS REPORT by DAVID CODREA, KENT TERRY. (Stamboulieh, Stephen) (Entered: 10/21/2019)
2019-10-21MINUTE ORDER. In view of 22 the parties' joint status report, the parties are directed to file a further joint status report by no later than December 11, 2019. Signed by Judge Emmet G. Sullivan on 10/21/2019. (lcegs2) (Entered: 10/21/2019)
2019-10-22Set/Reset Deadlines: Further Joint Status Report due by 12/11/2019. (mac) (Entered: 10/22/2019)
2019-12-1123Joint STATUS REPORT by DAVID CODREA, KENT TERRY. (Stamboulieh, Stephen) (Entered: 12/11/2019)
2019-12-12MINUTE ORDER. In view of the parties' joint status report, the parties are directed for file a further joint status report by no later than January 17, 2020. Signed by Judge Emmet G. Sullivan on 12/12/2019. (lcegs2) (Entered: 12/12/2019)
2019-12-12Set/Reset Deadlines: Further Joint Status Report due by 1/17/2020. (mac) (Entered: 12/12/2019)
2020-01-1724Joint STATUS REPORT by DAVID CODREA, KENT TERRY. (Stamboulieh, Stephen) (Entered: 01/17/2020)
2020-01-29MINUTE ORDER. In view of 24 the parties' joint status report, the parties are directed to file a further joint status report by no later than March 17, 2020. Signed by Judge Emmet G. Sullivan on 01/29/2020. (lcegs2) (Entered: 01/29/2020)
2020-01-30Set/Reset Deadlines: Further Joint Status Report due by 3/17/2020. (mac) (Entered: 01/30/2020)
2020-02-0525NOTICE OF SUBSTITUTION OF COUNSEL by Brenda A. Gonzalez on behalf of U.S. DEPARTMENT OF STATE Substituting for attorney Marina Utgoff Braswell (Gonzalez, Brenda) (Entered: 02/05/2020)
2020-03-1326Joint STATUS REPORT by U.S. DEPARTMENT OF STATE. (Gonzalez, Brenda) (Entered: 03/13/2020)
2020-03-13MINUTE ORDER. In view of 26 Joint STATUS REPORT, the parties are directed to file a further joint status report by no later than July 1, 2020. The Court notes that Defendants have agreed to provide Plaintiffs with a draft Vaughn index by June 17, 2020. Signed by Judge Emmet G. Sullivan on 3/13/2020. (lcegs2) (Entered: 03/13/2020)
2020-03-16Set/Reset Deadlines: Further Joint Status Report due by 7/1/2020. Defendants Draft Vaughn Index due by 6/17/2020, (mac) (Entered: 03/16/2020)
2020-06-1727NOTICE of Appearance by Michael A. Tilghman on behalf of U.S. DEPARTMENT OF STATE (Tilghman, Michael) (Entered: 06/17/2020)
2020-06-1728NOTICE by U.S. DEPARTMENT OF STATE (Tilghman, Michael) (Entered: 06/17/2020)
2020-06-3029Joint STATUS REPORT by U.S. DEPARTMENT OF STATE. (Attachments: # 1 Text of Proposed Order)(Tilghman, Michael) (Entered: 06/30/2020)
2020-06-30MINUTE ORDER. In view of 29 Joint STATUS REPORT, the parties are directed to file a further joint status report by no later than November 13, 2020. The Court notes that Defendants have agreed to provide Plaintiffs with a draft Vaughn index by no later than October 30, 2020. Signed by Judge Emmet G. Sullivan on 6/30/2020. (lcegs2) (Entered: 06/30/2020)
2020-06-30Set/Reset Deadlines: Joint Status Report due by 11/13/2020 (mac) (Entered: 06/30/2020)
2020-11-1330Joint STATUS REPORT by U.S. DEPARTMENT OF STATE. (Attachments: # 1 Text of Proposed Order)(Tilghman, Michael) (Entered: 11/13/2020)
2020-11-16MINUTE ORDER. In view of 30 Joint STATUS REPORT, the parties are directed to file a further joint status report by no later than January 12, 2021. Signed by Judge Emmet G. Sullivan on 11/16/2020. (lcegs2) (Entered: 11/16/2020)
2020-11-17Set/Reset Deadlines: Joint Status Report due by 1/12/2021. (mac) (Entered: 11/17/2020)
2020-12-1731NOTICE OF WITHDRAWAL OF APPEARANCE as to U.S. DEPARTMENT OF STATE. Attorney Brenda A. Gonzalez-Horowitz terminated. (Gonzalez-Horowitz, Brenda) (Entered: 12/17/2020)
2021-01-1232Joint STATUS REPORT by U.S. DEPARTMENT OF STATE. (Attachments: # 1 Text of Proposed Order)(Tilghman, Michael) (Entered: 01/12/2021)
2021-01-12MINUTE ORDER. In view of 32 Joint STATUS REPORT, the parties are directed to file a further joint status report by no later than March 15, 2021. Signed by Judge Emmet G. Sullivan on 1/12/2021. (lcegs2) (Entered: 01/12/2021)
2021-01-13Set/Reset Deadlines: Joint Status Report due by 3/15/2021 (mac) (Entered: 01/13/2021)
2021-03-1533Joint STATUS REPORT by U.S. DEPARTMENT OF STATE. (Attachments: # 1 Text of Proposed Order)(Tilghman, Michael) (Entered: 03/15/2021)
2021-03-16MINUTE ORDER. In view of 33 Joint Status Report, the parties are directed to file a further joint status report by no later than May 14, 2021. Signed by Judge Emmet G. Sullivan on 3/16/2021. (lcegs2) (Entered: 03/16/2021)
2021-03-16Set/Reset Deadlines: Joint Status Report due by 5/14/2021 (mac) (Entered: 03/16/2021)
2021-04-2834STIPULATION of Dismissal by U.S. DEPARTMENT OF STATE. (Tilghman, Michael) (Entered: 04/28/2021)
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