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Case TitlePROPERTY OF THE PEOPLE, INC. et al v. DEPARTMENT OF JUSTICE
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2017cv01663
Date Filed2017-08-16
Date ClosedOpen
JudgeJudge Amit P. Mehta
PlaintiffPROPERTY OF THE PEOPLE, INC.
PlaintiffRYAN NOAH SHAPIRO
Case DescriptionProperty of the People and researcher Ryan Shapiro submitted FOIA requests to the FBI and the Executive Office for U.S. Attorneys for records concerning Roger Ailes and Fox News. Property of the People and Shapiro also requested inclusion in the news media or educational institution fee category. The FBI acknowledged receipt of the request and told Property of the People and Shapiro that the agency had placed them in the general fee category. Property of the People and Shapiro filed an administrative appeal with the Office of Information Policy challenging the FBI's fee category determination. OIP acknowledged receipt of the appeal. EOUSA also acknowledged receipt of the request submitted by Property of the People and Shapiro. After hearing nothing further from either component, Property of the People and Shapiro filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantDEPARTMENT OF JUSTICE
DefendantUNITED STATES POSTAL SERVICE
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2017-08-161COMPLAINT against DEPARTMENT OF JUSTICE ( Filing fee $ 400 receipt number 0090-5077517) filed by PROPERTY OF THE PEOPLE, INC., RYAN NOAH SHAPIRO. (Attachments: # 1 Civil Cover Sheet, # 2 Summons)(Light, Jeffrey) (Entered: 08/16/2017)
2017-08-162LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by PROPERTY OF THE PEOPLE, INC. (Light, Jeffrey) (Entered: 08/16/2017)
2017-08-163NOTICE OF RELATED CASE by PROPERTY OF THE PEOPLE, INC., RYAN NOAH SHAPIRO. Case related to Case No. 17-cv-5814-ER (SDNY). (Light, Jeffrey) (Entered: 08/16/2017)
2017-08-16Case Assigned to Judge Amit P. Mehta. (sth) (Entered: 08/17/2017)
2017-08-174SUMMONS (3) Issued Electronically as to DEPARTMENT OF JUSTICE, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Summons)(sth) (Entered: 08/17/2017)
2017-08-255AMENDED COMPLAINT against DEPARTMENT OF JUSTICE, UNITED STATES POSTAL SERVICE filed by PROPERTY OF THE PEOPLE, INC., RYAN NOAH SHAPIRO. (Attachments: # 1 Summons)(Light, Jeffrey) (Entered: 08/25/2017)
2017-08-286SUMMONS (1) Issued Electronically as to UNITED STATES POSTAL SERVICE. (znmw) (Entered: 08/28/2017)
2017-09-287RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 09/06/2017., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 9/6/2017. ( Answer due for ALL FEDERAL DEFENDANTS by 10/6/2017.), RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. DEPARTMENT OF JUSTICE served on 9/6/2017; UNITED STATES POSTAL SERVICE served on 9/6/2017 (Light, Jeffrey) (Entered: 09/28/2017)
2017-10-068NOTICE of Appearance by Joshua M. Kolsky on behalf of DEPARTMENT OF JUSTICE, UNITED STATES POSTAL SERVICE (Kolsky, Joshua) (Entered: 10/06/2017)
2017-10-069ANSWER to 5 Amended Complaint by DEPARTMENT OF JUSTICE, UNITED STATES POSTAL SERVICE. Related document: 5 Amended Complaint filed by PROPERTY OF THE PEOPLE, INC., RYAN NOAH SHAPIRO.(Kolsky, Joshua) (Entered: 10/06/2017)
2017-10-10MINUTE ORDER: 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 October 24, 2017. The Joint Status Report shall include (1) the status of Plaintiffs' FOIA request; (2) the anticipated number of documents responsive to Plaintiffs' FOIA request; (3) the anticipated date(s) for release of the documents requested by Plaintiffs; (4) whether a motion for stay is likely under Open America v. Watergate Special Prosecution Force, 547 F.2d 605 (D.C. Cir. 1976); and (5) whether the parties anticipate summary judgment briefing and, if so, a proposed briefing schedule. Signed by Judge Amit P. Mehta on 10/10/2017. (lcapm2) (Entered: 10/10/2017)
2017-10-10Set/Reset Deadlines/Hearings: Joint Status Report due by 10/24/2017. (zcdw) (Entered: 10/11/2017)
2017-10-2410Joint STATUS REPORT by DEPARTMENT OF JUSTICE, UNITED STATES POSTAL SERVICE. (Attachments: # 1 Text of Proposed Order)(Kolsky, Joshua) (Entered: 10/24/2017)
2017-10-25MINUTE ORDER. Upon consideration of the parties' 10 October 24, 2017, Joint Status Report, the parties are directed to file another Joint Status Report, on or before November 28, 2017, that updates the court on their progress. The Joint Status Report shall include (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 the documents requested by Plaintiff; (4) whether a motion for stay is likely under Open America v. Watergate Special Prosecution Force, 547 F.2d 605 (D.C. Cir. 1976); and (5) whether the parties anticipate summary judgment briefing and, if so, a proposed briefing schedule. Signed by Judge Amit P. Mehta on 10/25/2017. (lcapm2) (Entered: 10/25/2017)
2017-10-25Set/Reset Deadlines/Hearings: Joint Status Report due by 11/28/2017. (zcdw) (Entered: 10/25/2017)
2017-11-2811Joint STATUS REPORT by DEPARTMENT OF JUSTICE, UNITED STATES POSTAL SERVICE. (Kolsky, Joshua) (Entered: 11/28/2017)
2017-11-3012ORDER entering the briefing schedule proposed in the parties' 11 Joint Status Report and directing the parties to file an additional Joint Status Report. The schedule for further proceedings in this matter is as follows: (1) Defendant's Motion for Summary Judgment is due on or before March 15, 2018; (2) Plaintiff's Opposition to Defendant's Motion and Cross-Motion for Summary Judgment is due on or before April 16, 2018; (3) Defendant's Reply in Support of Defendant's Summary Judgment and Opposition to Plaintiff's Cross-Motion for Summary Judgment is due on or before May 16, 2018; and (4) Plaintiff's Reply in Support of Plaintiff's Cross-Motion for Summary Judgment is due on or before June 7, 2018. See the attached Order for additional details. In addition, the parties are directed to file another Joint Status Report, on or before January 15, 2018, that updates the court on their progress. Signed by Judge Amit P. Mehta on 11/30/2017. (lcapm2) (Entered: 11/30/2017)
2018-01-0513MOTION to Expedite , MOTION to Produce non-exempt records by PROPERTY OF THE PEOPLE, INC., RYAN NOAH SHAPIRO (Attachments: # 1 Exhibit 1 -- Letter in Gizmodo case (SDNY), # 2 Text of Proposed Order)(Light, Jeffrey) (Entered: 01/05/2018)
2018-01-08MINUTE ORDER. Defendant shall respond to Plaintiff's 13 Motion to Expedite no later than 12:00 p.m. on January 9, 2018. Signed by Judge Amit P. Mehta on 1/8/2018. (lcapm2) (Entered: 01/08/2018)
2018-01-08Set/Reset Deadlines/Hearings: Response to 13 due by 1/9/2018. (zcdw) (Entered: 01/08/2018)
2018-01-0914RESPONSE re 13 MOTION to Expedite MOTION to Produce non-exempt records filed by DEPARTMENT OF JUSTICE, UNITED STATES POSTAL SERVICE. (Kolsky, Joshua) (Entered: 01/09/2018)
2018-01-09MINUTE ORDER granting as unopposed Plaintiffs' 13 Expedited Motion for Production. Defendant FBI shall produce the non-exempt portions of the 176 pages of records it has collected by January 12, 2018, instead of the currently scheduled date of January 31, 2018. To the extent Plaintiffs' Motion seeks more records than the referenced 176 pages, that issue can be taken up on summary judgment. Signed by Judge Amit P. Mehta on 1/9/2018. (lcapm2) (Entered: 01/09/2018)
2018-01-1615Joint STATUS REPORT by DEPARTMENT OF JUSTICE, UNITED STATES POSTAL SERVICE. (Kolsky, Joshua) (Entered: 01/16/2018)
2018-03-1316Consent MOTION to Stay Summary Judgment Briefing Schedule by DEPARTMENT OF JUSTICE, UNITED STATES POSTAL SERVICE (Attachments: # 1 Text of Proposed Order)(Kolsky, Joshua) (Entered: 03/13/2018)
2018-03-1417ORDER granting Defendants' 16 Consent Motion to Stay Summary Briefing Schedule. The parties shall file a Joint Status Report on or before April 6, 2018. See the attached Order for details. Signed by Judge Amit P. Mehta on 3/14/2018. (lcapm2) (Entered: 03/14/2018)
2018-03-18Set/Reset Deadlines/Hearings: Joint Status Report due by 4/6/2018. (zcdw) (Entered: 03/18/2018)
2018-04-0618Joint STATUS REPORT by DEPARTMENT OF JUSTICE, UNITED STATES POSTAL SERVICE. (Kolsky, Joshua) (Entered: 04/06/2018)
2018-04-09MINUTE ORDER. In light of the parties' representations in their 18 Joint Status Report, the parties shall file another Joint Status Report on or before May 7, 2018, which updates the court on their search and production efforts, advises the court whether summary judgment briefing will be necessary and, if appropriate, proposes a briefing schedule for summary judgment. Signed by Judge Amit P. Mehta on 4/9/2018. (lcapm2) (Entered: 04/09/2018)
2018-04-09Set/Reset Deadlines/Hearings: Joint Status Report due by 5/7/2018. (zcdw) (Entered: 04/10/2018)
2018-05-0719Joint STATUS REPORT by DEPARTMENT OF JUSTICE, UNITED STATES POSTAL SERVICE. (Kolsky, Joshua) (Entered: 05/07/2018)
2018-05-09MINUTE ORDER. In light of the parties' 19 Joint Status Report, the parties shall file an additional Joint Status Report on or before June 6, 2018, that updates the court on Defendant's production efforts and, if needed, proposes a summary judgment briefing schedule. Signed by Judge Amit P. Mehta on 5/9/2018. (lcapm2) (Entered: 05/09/2018)
2018-05-09Set/Reset Deadlines/Hearings: Joint Status Report due by 6/6/2018. (zcdw) (Entered: 05/11/2018)
2018-06-0720Joint STATUS REPORT by DEPARTMENT OF JUSTICE, UNITED STATES POSTAL SERVICE. (Kolsky, Joshua) (Entered: 06/07/2018)
2018-06-11MINUTE ORDER. In light of the parties' 20 Joint Status Report, the parties shall file an additional Joint Status Report on or before June 21, 2018. Signed by Judge Amit P. Mehta on 6/11/2018. (lcapm2) (Entered: 06/11/2018)
2018-06-11Set/Reset Deadlines: Joint Status Report due by 6/21/2018. (zjd) (Entered: 06/11/2018)
2018-06-2121Joint STATUS REPORT by DEPARTMENT OF JUSTICE, UNITED STATES POSTAL SERVICE. (Kolsky, Joshua) (Entered: 06/21/2018)
2018-06-2522NOTICE of Lodging of Ex Parte Declaration for In Camera Review by DEPARTMENT OF JUSTICE, UNITED STATES POSTAL SERVICE (Kolsky, Joshua) (Entered: 06/25/2018)
2018-07-20MINUTE ORDER. The court has reviewed the In Camera, Ex Parte Declaration of David Hardy, filed on June 25, 2018. The review and production schedule in this matter shall be as follows: The FBI shall review no less than 500 pages per month of the "one large file of responsive documents remaining to be processed," which the agency believes is subject to Exemption 7(A). See Jt. Status Rpt., ECF No. 21 , at 2. The FBI shall release any non-exempt responsive material on a monthly basis. No later than December 18, 2018, the parties shall file an additional Joint Status Report that details the progress of the FBI's review, estimates whether the processing of records will be competed within the estimated time period, and identifies the number of disclosed records, if any. Signed by Judge Amit P. Mehta on 7/20/2018. (lcapm2) (Entered: 07/20/2018)
2018-07-20Set/Reset Deadlines: Joint Status Report due by 12/18/2018.(zjd) (Entered: 07/23/2018)
2018-09-1823Consent MOTION to Amend/Correct July 20, 2018 Minute Order by DEPARTMENT OF JUSTICE, UNITED STATES POSTAL SERVICE (Attachments: # 1 Text of Proposed Order)(Kolsky, Joshua) (Entered: 09/18/2018)
2018-09-2024ORDER granting 23 Defendants' Consent Motion to Amend Court's July 20, 2018 Minute Order. The court's July 20, 2018 Minute Order is hereby amended as follows: The FBI shall review no less than 500 pages per month of potentially responsive records. The FBI shall release any non-exempt responsive material on a monthly basis beginning on October 31, 2018. No later than December 18, 2018, the parties shall file an additional Joint Status Report that details the progress of the FBI's review and estimates the completion date for the processing of records. Signed by Judge Amit P. Mehta on 09/20/2018. (lcapm2) (Entered: 09/20/2018)
2018-09-20Set/Reset Deadlines: Joint Status Report due by 12/18/2018. (zjd) (Entered: 09/20/2018)
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