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Case TitleAMERICAN OVERSIGHT v. DEPARTMENT OF TREASURY et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2017cv02078
Date Filed2017-10-05
Date ClosedOpen
JudgeJudge Reggie B. Walton
PlaintiffAMERICAN OVERSIGHT
Case DescriptionAmerican Oversight submitted FOIA requests to the Department of the Treasury and OMB for records concerning communications and contacts between officials at the two agencies and Congress. American Oversight submitted a second FOIA request to the two agencies for records concerning contact between agency officials and a list of conservative organizations. American Oversight also requested expedited processing. Both Treasury and OMB acknowledged receipt of the requests. Treasury denied American Oversight's request for expedited processing. American Oversight filed an administrative appeal, which was acknowledged by the agency. After hearing nothing further from either agency, American Oversight filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Vaughn index, Litigation - Attorney's fees

DefendantU.S. DEPARTMENT OF THE TREASURY
DefendantDEPARTMENT OF TREASURY
DefendantOFFICE OF MANAGEMENT AND BUDGET
DefendantCOMMITTEE ON WAYS AND MEANS U.S. HOUSE OF REPRESENTATIVES
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
Complaint attachment 13
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2017-10-051COMPLAINT against All Defendants ( Filing fee $ 400 receipt number 0090-5147510) filed by AMERICAN OVERSIGHT. (Attachments: # 1 Civil Cover Sheet, # 2 Summons USAO, # 3 Summons Attorney General, # 4 Summons Treasury, # 5 Summons OMB, # 6 Exhibit A, # 7 Exhibit B, # 8 Exhibit C, # 9 Exhibit D, # 10 Exhibit E, # 11 Exhibit F, # 12 Exhibit G, # 13 Exhibit H)(France, Elizabeth) (Entered: 10/05/2017)
2017-10-052LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by AMERICAN OVERSIGHT (France, Elizabeth) (Entered: 10/05/2017)
2017-10-06Case Assigned to Judge Reggie B. Walton. (zsb) (Entered: 10/06/2017)
2017-10-063SUMMONS (4) Issued Electronically as to OFFICE OF MANAGEMENT AND BUDGET, U.S. DEPARTMENT OF THE TREASURY, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(zsb) (Entered: 10/06/2017)
2017-10-204RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 10/11/2017. ( Answer due for ALL FEDERAL DEFENDANTS by 11/10/2017.), RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. OFFICE OF MANAGEMENT AND BUDGET served on 10/11/2017; U.S. DEPARTMENT OF THE TREASURY served on 10/12/2017, RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 10/11/2017. (Attachments: # 1 Exhibit A)(France, Elizabeth) (Entered: 10/20/2017)
2017-10-205GENERAL ORDER FOR CIVIL CASES BEFORE THE HONORABLE REGGIE B. WALTON. Signed by Judge Reggie B. Walton on October 20, 2017. (lcrbw3) (Entered: 10/20/2017)
2017-10-276NOTICE of Appearance by Sara Kaiser Creighton on behalf of AMERICAN OVERSIGHT (Creighton, Sara) (Entered: 10/27/2017)
2017-11-137NOTICE of Appearance by Rebecca Michelle Kopplin on behalf of All Defendants (Kopplin, Rebecca) (Entered: 11/13/2017)
2017-11-138ANSWER to 1 Complaint by OFFICE OF MANAGEMENT AND BUDGET, U.S. DEPARTMENT OF THE TREASURY.(Kopplin, Rebecca) Modified to add link on 11/14/2017 (znmw). (Entered: 11/13/2017)
2017-11-14MINUTE ORDER. Because the plaintiff pursues this action under the Freedom of Information Act, the initial disclosure requirements of Federal Rule of Civil Procedure 26(a)(1)(A) are not implicated and no scheduling conference need be held. See Local Civ. R. 16.3(b)(10). Accordingly, it is hereby ORDERED that the parties shall submit to the Court on or before December 14, 2017, a joint status report, proposing a schedule for the filing of, if any, dispositive motions, oppositions thereto, and replies. Signed by Judge Reggie B. Walton on November 14, 2017. (lcrbw3) (Entered: 11/14/2017)
2017-11-14Set/Reset Deadlines: Joint Status Report due by 12/14/2017 (hs) (Entered: 11/14/2017)
2017-12-149Joint STATUS REPORT by AMERICAN OVERSIGHT. (Creighton, Sara) (Entered: 12/14/2017)
2017-12-19MINUTE ORDER. Upon consideration of the proposed production schedules set forth in the parties' Joint Status Report, it is hereby ORDERED that the parties shall appear for a status hearing on Tuesday, January 2, 2018, at 2:30 p.m. It is further ORDERED that the United States Department of the Treasury shall be prepared to address the number of other pending FOIA requests it is currently processing, the resources it has available to process those requests, and why additional resources cannot be devoted to processing the plaintiff's request. Signed by Judge Reggie B. Walton on December 19, 2017. (lcrbw3) (Entered: 12/19/2017)
2017-12-19Set/Reset Hearings: Status Conference set for 1/2/2018 at 02:30 PM in Courtroom 16 before Judge Reggie B. Walton. (hs) (Entered: 12/19/2017)
2017-12-2910NOTICE of Filing by U.S. DEPARTMENT OF THE TREASURY (Attachments: # 1 Exhibit Declaration)(Kopplin, Rebecca) (Entered: 12/29/2017)
2018-01-0211NOTICE of Filing by AMERICAN OVERSIGHT (Attachments: # 1 Declaration of Sara Creighton)(Creighton, Sara) (Entered: 01/02/2018)
2018-01-0212NOTICE of Appearance by John E. Bies on behalf of AMERICAN OVERSIGHT (Bies, John) (Entered: 01/02/2018)
2018-01-02Minute Entry; for proceedings held before Judge Reggie B. Walton: Status Conference held on 1/2/2018. Joint oral motion for continuance; granted. Status Conference set for 2/2/2018 at 11:00 AM in Courtroom 16 before Judge Reggie B. Walton. (Court Reporter Tim Miller) (hs) (Entered: 01/02/2018)
2018-01-0313ORDER. In accordance with the attached Order, it is hereby ORDERED that, on or before February 2, 2018, the United States Department of the Treasury ("Treasury") shall de-duplicate all documents it has identified as potentially responsive to the plaintiff's Treasury Congressional Request in order to determine the total number of unique documents potentially responsive to that request. It is further ORDERED that the parties shall appear for a status conference on February 2, 2018, at 11:00 a.m. At the status conference, Treasury should be prepared to report to the Court (1) the total number of unique documents it has determined to be potentially responsive to the plaintiff's Treasury Congressional Request and (2) the pace at which it believes that it can review and process those documents. Signed by Judge Reggie B. Walton on January 3, 2018. (lcrbw3) (Entered: 01/03/2018)
2018-02-02Minute Entry; for proceedings held before Judge Reggie B. Walton: Status Conference held on 2/2/2018. Joint oral request for continuance; granted. Status Conference set for 4/6/2018 at 09:30 AM in Courtroom 16 before Judge Reggie B. Walton. (Court Reporter Cathryn Jones) (hs) (Entered: 02/02/2018)
2018-02-0214ORDER. In accordance with the attached Order, it is hereby ORDERED that the United States Department of the Treasury ("Treasury") shall review and process the approximately 639 documents that it has identified as potentially responsive to the plaintiff's Treasury Congressional Request. Treasury shall review and process at least 60 documents by March 5, 2018, and at least an additional 60 documents each month thereafter. Treasury shall make rolling productions of any non-exempt, responsive records identified in its review for each month. It is further ORDERED that the parties shall appear for a status conference on April 6, 2018, at 9:30 a.m. Signed by Judge Reggie B. Walton on February 2, 2018. (lcrbw3) (Entered: 02/02/2018)
2018-04-06Minute Entry: for proceedings held before Judge Reggie B. Walton: Status Conference held on 4/6/2018. Status Conference set for 7/5/2018 at 09:30 AM in Courtroom 16 before Judge Reggie B. Walton. (Court Reporter Scott Wallace) (hs) (Entered: 04/06/2018)
2018-04-1315MOTION to Intervene by Committee on Ways and Means U.S. House of Representatives (Attachments: # 1 Declaration Carr Declaration, # 2 Exhibit Answer, # 3 Text of Proposed Order)(Hungar, Thomas) (Entered: 04/13/2018)
2018-04-1316NOTICE of Appearance by Thomas G. Hungar on behalf of Committee on Ways and Means U.S. House of Representatives (Hungar, Thomas) (Entered: 04/13/2018)
2018-04-1317NOTICE of Appearance by Kimberly Ann Hamm on behalf of Committee on Ways and Means U.S. House of Representatives (Hamm, Kimberly) (Entered: 04/13/2018)
2018-04-16NOTICE OF ERROR re 15 Motion to Intervene; emailed to thomas.hungar@mail.house.gov, cc'd 11 associated attorneys -- The PDF file you docketed contained errors: 1. Reminder: Parties are always added using capital letters. (ztd, ) (Entered: 04/16/2018)
2018-06-1418MOTION for Leave to File Motion for Partial Summary Judgment by AMERICAN OVERSIGHT (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Text of Proposed Order)(Creighton, Sara) (Entered: 06/14/2018)
2018-06-22MINUTE ORDER. Upon consideration of the unopposed 15 Motion for Leave to Intervene of the Committee on Ways and Means of the U.S. House of Representatives, and for good cause shown, it is hereby ORDERED that the motion is GRANTED. It is further ORDERED that the Committee is added as a defendant-intervenor in this action. It is further ORDERED that the Committee's [15-2] Answer is deemed filed as of the date of this Order. Signed by Judge Reggie B. Walton on June 22, 2018. (lcrbw3) (Entered: 06/22/2018)
2018-06-2219ANSWER to Complaint by COMMITTEE ON WAYS AND MEANS U.S. HOUSE OF REPRESENTATIVES.(ztd) (Entered: 06/26/2018)
2018-06-2820RESPONSE re 18 MOTION for Leave to File Motion for Partial Summary Judgment filed by OFFICE OF MANAGEMENT AND BUDGET, U.S. DEPARTMENT OF THE TREASURY. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Kopplin, Rebecca) (Entered: 06/28/2018)
2018-07-0321MOTION to Modify Production Order by COMMITTEE ON WAYS AND MEANS U.S. HOUSE OF REPRESENTATIVES (Attachments: # 1 Text of Proposed Order)(Hungar, Thomas) (Entered: 07/03/2018)
2018-07-0322REPLY to opposition to motion re 18 MOTION for Leave to File Motion for Partial Summary Judgment filed by AMERICAN OVERSIGHT. (France, Elizabeth) (Entered: 07/03/2018)
2018-07-0423Memorandum in opposition to re 21 MOTION to Modify Production Order filed by AMERICAN OVERSIGHT. (Attachments: # 1 Text of Proposed Order)(France, Elizabeth) (Entered: 07/04/2018)
2018-07-05Minute Entry; for proceedings held before Judge Reggie B. Walton: Motion Hearing held on 7/5/2018 re 18 MOTION for Leave to File Motion for Partial Summary Judgment filed by AMERICAN OVERSIGHT, and 21 MOTION to Modify Production Order filed by COMMITTEE ON WAYS AND MEANS U.S. HOUSE OF REPRESENTATIVES. Order reflecting rulings from the bench to issue via chambers. Status Conference set for 2/1/2019 at 09:30 AM in Courtroom 16 before Judge Reggie B. Walton. (Court Reporter Cathryn Jones. (hs) (Entered: 07/05/2018)
2018-07-0524ORDER. See attached for further details. Signed by Judge Reggie B. Walton on July 5, 2018. (lcrbw3) (Entered: 07/05/2018)
2018-07-2525TRANSCRIPT OF PROCEEDINGS before Judge Reggie B. Walton held on July 5, 2018; Page Numbers: 1 - 26. Court Reporter/Transcriber Cathryn Jones, Telephone number 2023543246, Transcripts may be ordered by submitting the <a href="http://www.dcd.uscourts.gov/node/110">Transcript Order Form</a><P></P><P></P>For the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter.<P> NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov.<P></P> Redaction Request due 8/15/2018. Redacted Transcript Deadline set for 8/25/2018. Release of Transcript Restriction set for 10/23/2018.(Jones, Cathryn) (Entered: 07/25/2018)
2018-10-0326MOTION to Clarify re 24 Order on Motion for Leave to File, Order on Motion to Modify by COMMITTEE ON WAYS AND MEANS U.S. HOUSE OF REPRESENTATIVES (Attachments: # 1 Text of Proposed Order)(Hungar, Thomas) (Entered: 10/03/2018)
2018-10-0427Memorandum in opposition to re 26 MOTION to Clarify re 24 Order on Motion for Leave to File, Order on Motion to Modify filed by AMERICAN OVERSIGHT. (Attachments: # 1 Text of Proposed Order)(France, Elizabeth) (Entered: 10/04/2018)
2018-10-0928REPLY to opposition to motion re 26 MOTION to Clarify re 24 Order on Motion for Leave to File, Order on Motion to Modify filed by COMMITTEE ON WAYS AND MEANS U.S. HOUSE OF REPRESENTATIVES. (Hungar, Thomas) (Entered: 10/09/2018)
2018-10-0929NOTICE of Change of Address by Rebecca Michelle Kopplin (Kopplin, Rebecca) (Entered: 10/09/2018)
2018-10-1030RESPONSE re 26 MOTION to Clarify re 24 Order on Motion for Leave to File, Order on Motion to Modify filed by OFFICE OF MANAGEMENT AND BUDGET, U.S. DEPARTMENT OF THE TREASURY. (Kopplin, Rebecca) (Entered: 10/10/2018)
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