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Case TitleDEMOCRACY FORWARD FOUNDATION v. U.S. DEPARTMENT OF JUSTICE
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2017cv01877
Date Filed2017-09-13
Date Closed2023-02-10
JudgeJudge Emmet G. Sullivan
PlaintiffDEMOCRACY FORWARD FOUNDATION
Case DescriptionThe Democracy Forward Foundation submitted a FOIA request to the Executive Office for U.S. Attorneys for records concerning contacts between the agency and members of the Trump Transition Team. Democracy Forward also requested a fee waiver. The agency acknowledged receipt of the request, but after hearing nothing further from the agency, Democracy Forward Foundation filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Vaughn index, Litigation - Attorney's fees

DefendantUNITED STATES DEPARTMENT OF JUSTICE
DefendantU.S. DEPARTMENT OF JUSTICE
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Opinion/Order [23]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2017-09-131COMPLAINT against UNITED STATES DEPARTMENT OF JUSTICE ( Filing fee $ 400 receipt number 0090-5114331) filed by DEMOCRACY FORWARD FOUNDATION. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons, # 4 Summons)(Perryman, Skye) (Entered: 09/13/2017)
2017-09-132NOTICE of Exhibits by DEMOCRACY FORWARD FOUNDATION re 1 Complaint, (Perryman, Skye) (Entered: 09/13/2017)
2017-09-133NOTICE of Substitution of Summonses by DEMOCRACY FORWARD FOUNDATION (Perryman, Skye) (Entered: 09/13/2017)
2017-09-13Case Assigned to Judge Emmet G. Sullivan. (md) (Entered: 09/15/2017)
2017-09-154STANDING 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 09/15/17. (Attachment: # 1 Exhibit 1) (mac) (Entered: 09/15/2017)
2017-09-185SUMMONS (3) Issued Electronically as to UNITED STATES DEPARTMENT OF JUSTICE, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice of Consent) (md) (Entered: 09/18/2017)
2017-10-066RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 9/25/2017. (Attachments: # 1 Declaration of Benjamin J. Link)(Perryman, Skye) Modified on 10/10/2017 (znmw). (Entered: 10/06/2017)
2017-10-067RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 9/22/2017. ( Answer due for ALL FEDERAL DEFENDANTS by 10/22/2017.), RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES DEPARTMENT OF JUSTICE served on 9/25/2017. (See Docket Entry 6 to view document). (znmw) (Entered: 10/10/2017)
2017-10-238ANSWER to Complaint by UNITED STATES DEPARTMENT OF JUSTICE.(Westmoreland, Rachael) (Entered: 10/23/2017)
2017-10-24MINUTE 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 November 20, 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 October 24, 2017. (lcegs2) (Entered: 10/24/2017)
2017-10-25Set/Reset Deadlines: Joint Scheduling Order Or Each Party's Individual Recommendations due by 11/20/2017. (mac) (Entered: 10/25/2017)
2017-11-209PROPOSED BRIEFING SCHEDULE Proposed Scheduling Order by UNITED STATES DEPARTMENT OF JUSTICE. (Westmoreland, Rachael) Modified event title on 11/21/2017 (znmw). (Entered: 11/20/2017)
2017-11-22MINUTE ORDER. In view of 9 the parties' joint status report, the parties are directed to comply with the following briefing schedule: defendant's motion for summary judgment shall be filed by no later than January 19, 2018; plaintiff's combined opposition and cross-motion for summary judgment shall be filed by no later than February 16, 2018; defendant's reply and opposition to plaintiff's cross-motion shall be filed by no later than March 16, 2018; and plaintiff's reply in support of its motion shall be filed by no later than April 6, 2018. Signed by Judge Emmet G. Sullivan on November 22, 2017. (lcegs2) (Entered: 11/22/2017)
2017-11-22Set/Reset Deadlines: Summary Judgment motions due by 1/19/2018. Response to Motion for Summary Judgment due by 2/16/2018. Reply to Motion for Summary Judgment due by 3/16/2018. Replies due by 4/6/2018. (znbn) (Entered: 11/22/2017)
2018-01-1910MOTION for Summary Judgment by UNITED STATES DEPARTMENT OF JUSTICE (Attachments: # 1 Statement of Facts, # 2 Memorandum in Support, # 3 Exhibit Jolly Declaration, # 4 Exhibit Wong Declaration, # 5 Text of Proposed Order)(Westmoreland, Rachael) (Entered: 01/19/2018)
2018-02-1411Unopposed MOTION for Extension of Time to File Response/Reply as to 10 MOTION for Summary Judgment by DEMOCRACY FORWARD FOUNDATION (Attachments: # 1 Text of Proposed Order)(Perryman, Skye) (Entered: 02/14/2018)
2018-02-15MINUTE ORDER granting 11 plaintiff's consent motion for an extension of time. Plaintiff's opposition to defendant's motion for summary judgment, combined with its cross-motion for summary judgment, shall be filed by no later than February 27, 2018. Defendant's combined reply and opposition to plaintiff's cross-motion shall be filed by no later than March 22, 2018. Plaintiff's reply in support of its cross-motion shall be filed by no later than April 5, 2018. Signed by Judge Emmet G. Sullivan on February 15, 2018. (lcegs2) (Entered: 02/15/2018)
2018-02-16Set/Reset Deadlines: Plaintiff's Opposition To Defendant's Motion For Summary Judgment, Combined With Its Cross-Motion For Summary Judgment due by 2/27/2018. Defendant's Combined Reply And Opposition To Plaintiff's Cross-Motion due by 3/22/2018. Plaintiff's Reply In Support Of Its Cross-Motion due by 4/5/2018. (mac) (Entered: 02/16/2018)
2018-02-2712RESPONSE re 10 MOTION for Summary Judgment filed by DEMOCRACY FORWARD FOUNDATION. (Attachments: # 1 Statement of Facts PLAINTIFF'S STATEMENT OF MATERIAL FACTS IN OPPOSITION TO DEFENDANTS STATEMENT OF MATERIAL FACTS, # 2 Exhibit A, # 3 Text of Proposed Order)(Perryman, Skye) (Entered: 02/27/2018)
2018-03-2213REPLY to opposition to motion re 10 MOTION for Summary Judgment filed by UNITED STATES DEPARTMENT OF JUSTICE. (Westmoreland, Rachael) (Entered: 03/22/2018)
2018-03-2214NOTICE of Filing Properly Formatted Statement of Material Facts as to Which There Is No Genuine Issue by UNITED STATES DEPARTMENT OF JUSTICE (Westmoreland, Rachael) (Entered: 03/22/2018)
2018-04-1615NOTICE OF SUBSTITUTION OF COUNSEL by John T. Lewis on behalf of DEMOCRACY FORWARD FOUNDATION Substituting for attorney Skye L. Perryman (Lewis, John) (Entered: 04/16/2018)
2018-07-05MINUTE ORDER. Pursuant to Local Civil Rule 72.3(a)(3), the Court hereby refers 10 defendant's motion for summary judgment to a magistrate judge for a report and recommendation. All proceedings before the Honorable Emmet G. Sullivan are hereby STAYED pending receipt of a report and recommendation. Signed by Judge Emmet G. Sullivan on July 5, 2018. (lcegs2) (Entered: 07/05/2018)
2018-07-07CASE RANDOMLY REFERRED to Magistrate Judge G. Michael Harvey for report and recommendation. (zmd) (Entered: 07/09/2018)
2018-07-11MINUTE ORDER STAYING CASE. In view of the referral of this matter to a magistrate judge for a report and recommendation, proceedings before Judge Emmet G. Sullivan are HEREBY STAYED.Signed by Judge Emmet G. Sullivan on 7/11/2018. (lcegs1) (Entered: 07/11/2018)
2019-08-2916REPORT AND RECOMMENDATION. Signed by Magistrate Judge G. Michael Harvey on 8/29/19. (lcgmh2) (Entered: 08/29/2019)
2019-09-0617Joint MOTION for Extension of Time to Object to Report and Recommendation by DEMOCRACY FORWARD FOUNDATION (Attachments: # 1 Text of Proposed Order)(Lewis, John) (Entered: 09/06/2019)
2019-09-1918OBJECTION to 16 Report and Recommendations filed by DEMOCRACY FORWARD FOUNDATION. (Lewis, John) (Entered: 09/19/2019)
2019-09-1919OBJECTION to 16 Report and Recommendations filed by UNITED STATES DEPARTMENT OF JUSTICE. (Westmoreland, Rachael) (Entered: 09/19/2019)
2019-10-0320RESPONSE re 19 Objection to Report and Recommendations filed by DEMOCRACY FORWARD FOUNDATION. (Lewis, John) (Entered: 10/03/2019)
2019-10-0321RESPONSE re 18 Objection to Report and Recommendation filed by UNITED STATES DEPARTMENT OF JUSTICE. (Westmoreland, Rachael) (Entered: 10/03/2019)
2019-10-1022REPLY re 21 Response to Document filed by DEMOCRACY FORWARD FOUNDATION. (Lewis, John) (Entered: 10/10/2019)
2019-10-31MINUTE ORDER granting 17 joint motion for extension of time. The parties' objections are deemed timely filed. Signed by Judge Emmet G. Sullivan on 10/31/2019. (lcegs2) (Entered: 10/31/2019)
2022-11-2323MEMORANDUM OPINION. Signed by Judge Emmet G. Sullivan on 11/23/2022. (lcegs2) (Entered: 11/23/2022)
2022-11-2324ORDER denying 10 Motion for Summary Judgment. Signed by Judge Emmet G. Sullivan on 11/23/2022. (lcegs2) (Entered: 11/23/2022)
2023-01-2025NOTICE of Defendant's Supplement to the Record by UNITED STATES DEPARTMENT OF JUSTICE re 24 Order on Motion for Summary Judgment (Attachments: # 1 Exhibit A- Declaration of Michelle D. Mullinix)(Westmoreland, Rachael) (Entered: 01/20/2023)
2023-02-10ENTERED IN ERROR.....JUDGMENT in favor of Defendant against Plaintiff. Signed by Judge Emmet G. Sullivan on 2/10/2023. (lcegs1) (Entered: 02/10/2023)
2023-02-1026FINAL JUDGMENT in favor of Defendant against Plaintiff. Signed by Judge Emmet G. Sullivan on 2/10/2023. (lcegs1) (Entered: 02/10/2023)
2023-02-1327CLERK'S JUDGMENT in favor of U.S. Department of Justice against Democracy Forward Foundation on 02/13/23. (mac) (Entered: 02/13/2023)
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