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Case TitleBRADY CENTER TO PREVENT GUN VIOLENCE v. U.S. DEPARTMENT OF JUSTICE et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2017cv02130
Date Filed2017-10-16
Date ClosedOpen
JudgeJudge Randolph D. Moss
PlaintiffBRADY CENTER TO PREVENT GUN VIOLENCE
Case DescriptionThe Brady Center to Prevent Gun Violence submitted a FOIA request to the Bureau of Alcohol, Tobacco, and Firearms for a White Paper prepared by the agency and dated Jan. 20, 2017 entitled "Options to Reduce or Modify Firearm Regulations." The Brady Center also requested a fee waiver. The agency acknowledged receipt of the request, but despite several queries from the Brady Center to check on the status of its request, the agency failed to respond. The Brady Center filed a second FOIA request for records concerning warning letters. The Brady Center also requested a fee waiver. The agency acknowledged receipt of the request, but after hearing nothing further from the agency pertaining to either of its requests, the Brady Center filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Vaughn index, Litigation - Attorney's fees

DefendantU.S. DEPARTMENT OF JUSTICE
DefendantBUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
Complaint attachment 7
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2017-10-161COMPLAINT against All Defendants ( Filing fee $ 400 receipt number 0090-5159991) filed by BRADY CENTER TO PREVENT GUN VIOLENCE. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit A, # 3 Exhibit B, # 4 Summons Attorney General, # 5 Summons ATF, # 6 Summons DOJ, # 7 Summons U.S Attorney of DC)(Barnett, Kevin) (Entered: 10/16/2017)
2017-10-16Case Assigned to Judge Randolph D. Moss. (zsb) (Entered: 10/16/2017)
2017-10-162SUMMONS (4) Issued Electronically as to BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES, U.S. DEPARTMENT OF JUSTICE, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(zsb) (Entered: 10/16/2017)
2017-10-163Corporate Disclosure Statement by BRADY CENTER TO PREVENT GUN VIOLENCE. (Barnett, Kevin) (Entered: 10/16/2017)
2017-11-104RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 10/23/2017. Answer due for ALL FEDERAL DEFENDANTS by 11/22/2017. (Attachments: # 1 Exhibit)(Barnett, Kevin) (Entered: 11/10/2017)
2017-11-27MINUTE ORDER: The Defendants are hereby ORDERED to answer or otherwise respond to the Complaint 1 on or before December 11, 2017. Signed by Judge Randolph D. Moss on 11/27/2017. (lcrdm1, ) (Entered: 11/27/2017)
2017-11-275MOTION for Extension of Time to File Answer by BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES, U.S. DEPARTMENT OF JUSTICE (Braswell, Marina) (Entered: 11/27/2017)
2017-11-276NOTICE of Appearance by Marina Utgoff Braswell on behalf of BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES, U.S. DEPARTMENT OF JUSTICE (Braswell, Marina) (Entered: 11/27/2017)
2017-11-28Set/Reset Deadlines: Defendants to answer or otherwise respond to the Complaint 1 on or before 12/11/2017. (kt) (Entered: 11/28/2017)
2017-11-28MINUTE ORDER: Upon consideration of Defendants' Motion for Extension of Time to File Answer 5 , it is hereby ORDERED that the motion is DENIED as moot in light of the Court's November 27, 2017 Minute Order, in which the Court sua sponte granted Defendants an extension of time to file an answer on or before December 11, 2017. Signed by Judge Randolph D. Moss on 11/28/2017. (lcrdm1, ) (Entered: 11/28/2017)
2017-12-017ANSWER to Complaint by BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES, U.S. DEPARTMENT OF JUSTICE.(Braswell, Marina) (Entered: 12/01/2017)
2017-12-04MINUTE ORDER: It is hereby ORDERED that the parties shall appear for a status conference on December 21, 2017, at 10:15 a.m. in Courtroom 21. It is further ORDERED that the parties shall meet and confer prior to the status conference to discuss the status of the Department's search and scheduling for further proceedings. Signed by Judge Randolph D. Moss on 12/4/2017. (lcrdm1, ) (Entered: 12/04/2017)
2017-12-04Set/Reset Hearings: Status Conference set for 12/21/2017, at 10:15 AM, in Courtroom 21, before Judge Randolph D. Moss. (kt) (Entered: 12/04/2017)
2017-12-188NOTICE of Appearance by Nooree Lee on behalf of BRADY CENTER TO PREVENT GUN VIOLENCE (Lee, Nooree) (Entered: 12/18/2017)
2017-12-209NOTICE of Appearance by Alan Arnold Pemberton on behalf of BRADY CENTER TO PREVENT GUN VIOLENCE (Pemberton, Alan) (Entered: 12/20/2017)
2017-12-21Minute Entry for proceedings held before Judge Randolph D. Moss: Status Conference held on 12/21/2017. The 1,000 pages shall be reviewed and produced, to the extent they are not subject to a FOIA exemption, by 2/9/2018; If the parties conclude there is a need for a further search, it shall be addressed in the next joint status report due 1/30/2018. (Court Reporter: Jeff Hook.) (kt) (Entered: 12/21/2017)
2018-01-3010Joint STATUS REPORT by BRADY CENTER TO PREVENT GUN VIOLENCE. (Barnett, Kevin) (Entered: 01/30/2018)
2018-01-31MINUTE ORDER: Upon consideration of the Joint Status Report 10 , it is hereby ORDERED that the parties submit a further joint status report on or before February 28, 2018. Signed by Judge Randolph D. Moss on 1/31/2018. (lcrdm1, ) (Entered: 01/31/2018)
2018-01-31Set/Reset Deadlines: Joint Status Report due by 2/28/2018. (kt) (Entered: 01/31/2018)
2018-02-2811Unopposed MOTION for Extension of Time to File Joint Status Report by BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES, U.S. DEPARTMENT OF JUSTICE (Braswell, Marina) (Entered: 02/28/2018)
2018-03-01MINUTE ORDER: Upon consideration of Defendants' Motion for Extension of Time 11 , it is hereby ORDERED that the motion is GRANTED. The parties shall file their joint status report on or before March 2, 2018. Signed by Judge Randolph D. Moss on 3/1/2018. (lcrdm1, ) (Entered: 03/01/2018)
2018-03-01Set/Reset Deadlines: Joint Status Report due by 3/2/2018. (kt) (Entered: 03/01/2018)
2018-03-0212Joint STATUS REPORT by BRADY CENTER TO PREVENT GUN VIOLENCE. (Barnett, Kevin) (Entered: 03/02/2018)
2018-03-02MINUTE ORDER: Upon consideration of the parties' Joint Status Report 12 , it is hereby ORDERED that Defendants shall complete its re-processing of the 168 pages of records previously identified as outside the scope of the White Paper Request and shall release all non-exempt records on or before March 12, 2018. It is further ORDERED that Defendants shall provide a declaration regarding the search along with a Vaughn index for its White Paper FOIA response on or before March 16, 2018. It is further ORDERED that Defendants shall make a substantial production of records of 500 or more pages responsive to the Warning Letter Request on or before March 9, 2018. It is further ORDERED that the parties shall appear for a status conference on March 13, 2018, at 10:30 a.m., in Courtroom 21. Signed by Judge Randolph D. Moss on 3/2/2018. (lcrdm1, ) (Entered: 03/02/2018)
2018-03-05Set/Reset Deadlines/Hearings: Defendants shall complete its re-processing of the 168 pages of records previously identified as outside the scope of the White Paper Request and shall release all non-exempt records on or before 3/12/2018; Defendants shall provide a declaration regarding the search along with a Vaughn index for its White Paper FOIA response on or before 3/16/2018; Defendants shall make a substantial production of records of 500 or more pages responsive to the Warning Letter Request on or before 3/9/2018. Status Conference set for 3/13/2018, at 10:30 AM, in Courtroom 21, before Judge Randolph D. Moss. (kt) (Entered: 03/05/2018)
2018-03-13Minute Entry for proceedings held before Judge Randolph D. Moss: Status Conference held on 3/13/2018. Defendant ATF shall produce on a rolling basis 750 pages of records per month. (Court Reporter: Jeff Hook.) (kt) (Entered: 03/13/2018)
2018-05-2513MOTION for Scheduling Order by BRADY CENTER TO PREVENT GUN VIOLENCE (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Text of Proposed Order)(Barnett, Kevin) (Entered: 05/25/2018)
2018-05-29MINUTE ORDER: It is hereby ORDERED that Defendants respond to Plaintiff's Motion for Scheduling Order, Dkt. 13 , on or before June 1, 2018. Signed by Judge Randolph D. Moss on 5/29/2018. (lcrdm1, ) (Entered: 05/29/2018)
2018-05-29Set/Reset Deadlines: Defendant's Response due by 6/1/2018. (kt) (Entered: 05/29/2018)
2018-06-0114Memorandum in opposition to re 13 MOTION for Scheduling Order (Opposition in Part) filed by BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES, U.S. DEPARTMENT OF JUSTICE. (Braswell, Marina) (Entered: 06/01/2018)
2018-06-05MINUTE ORDER: It is hereby ORDERED that the parties appear for a status conference on June 25, 2018, at 2:15 p.m., in Courtroom 21. Signed by Judge Randolph D. Moss on 6/5/2018. (lcrdm1, ) (Entered: 06/05/2018)
2018-06-06Set/Reset Hearings: Status Conference set for 6/25/2018, at 2:15 PM, in Courtroom 21, before Judge Randolph D. Moss. (zkt) (Entered: 06/06/2018)
2018-06-25Minute Entry for proceedings held before Judge Randolph D. Moss: Status Conference held on 6/25/2018. Defendant's Motion for Summary Judgment, with respect to the white paper issue and the appropriations rider, is due on or before 7/30/2018; Plaintiff's Opposition to Motion for Summary Judgment and Cross Motion due on or before 9/7/2018; Defendant's Reply to the Motion for Summary Judgment and Opposition to the Cross Motion due on or before 10/12/2018; Plaintiff's Final Reply due on or before 10/26/2018. (Court Reporter: Jeff Hook.) (kt) (Entered: 06/25/2018)
2018-07-3015Unopposed MOTION for Extension of Time to File Dispositive Motion by BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES, U.S. DEPARTMENT OF JUSTICE (Braswell, Marina) (Entered: 07/30/2018)
2018-08-01MINUTE ORDER: Upon consideration of Defendants' Unopposed Motion for Extension of Time 15 , it is hereby ORDERED that the motion is GRANTED. Defendants shall file their dispositive motion on or before August 3, 2018. Plaintiff shall file its opposition and cross-motion, if any, on or before September 10, 2018. Signed by Judge Randolph D. Moss on 8/1/2018. (lcrdm1, ) (Entered: 08/01/2018)
2018-08-01Set/Reset Deadlines: Defendants shall file their dispositive motion on or before 8/3/2018; Plaintiff shall file its opposition and cross-motion, if any, on or before Responses due by 9/10/2018. (kt) (Entered: 08/01/2018)
2018-08-0316MOTION for Summary Judgment in Part by BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES, U.S. DEPARTMENT OF JUSTICE (Attachments: # 1 Chisholm Declaration, # 2 Kil Declaration)(Braswell, Marina) (Entered: 08/03/2018)
2018-09-1017Cross MOTION for Partial Summary Judgment by BRADY CENTER TO PREVENT GUN VIOLENCE (Attachments: # 1 Text of Proposed Order Proposed Order, # 2 Memorandum in Support Memo. of Points and Authorities, # 3 Statement of Facts Statement of Undisputed Facts, # 4 Declaration Decl. of Nooree Lee, # 5 Exhibit A, # 6 Exhibit B, # 7 Exhibit C, # 8 Exhibit D, # 9 Exhibit E, # 10 Exhibit F)(Lee, Nooree) (Entered: 09/10/2018)
2018-09-1018Memorandum in opposition to re 16 MOTION for Summary Judgment in Part filed by BRADY CENTER TO PREVENT GUN VIOLENCE. (ztd) (See docket entry no. 17 to view). (Entered: 09/12/2018)
2018-10-1019Unopposed MOTION for Extension of Time to File Response/Reply as to 17 Cross MOTION for Partial Summary Judgment and Reply to Plaintiff's Opposition to Defendant's Motion for Partial Summary Judgment by BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES, U.S. DEPARTMENT OF JUSTICE (Braswell, Marina) (Entered: 10/10/2018)
2018-10-24MINUTE ORDER: Upon consideration of Defendants' unopposed motion for extension of time, Dkt. 19 , it is hereby ORDERED that the motion is GRANTED. Defendants shall file their opposition to Plaintiff's cross-motion for partial summary judgment and reply to Plaintiff's opposition to Defendants' motion for partial summary judgment on or before October 26, 2018. Further, Plaintiff shall file its reply on or before November 9, 2018. Signed by Judge Randolph D. Moss on 10/24/2018. (lcrdm1, ) (Entered: 10/24/2018)
2018-10-24Set/Reset Deadlines: Defendants shall file their opposition to Plaintiff's cross-motion for partial summary judgment and reply to Plaintiff's opposition to Defendants' motion for partial summary judgment on or before 10/26/2018; Plaintiff shall file its reply on or before 11/9/2018. (kt) (Entered: 10/24/2018)
2018-10-2420Unopposed MOTION for Extension of Time to File Response/Reply as to 17 Cross MOTION for Partial Summary Judgment , 16 MOTION for Summary Judgment in Part by BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES, U.S. DEPARTMENT OF JUSTICE (Braswell, Marina) (Entered: 10/24/2018)
2018-10-25MINUTE ORDER: Upon consideration of Defendants' unopposed motion for extension of time, Dkt. 20 , it is hereby ORDERED that the motion is GRANTED. Defendants shall file their opposition to Plaintiff's cross-motion for partial summary judgment and reply to Plaintiff's opposition to Defendants' motion for partial summary judgment on or before October 30, 2018. Further, Plaintiff shall file its reply on or before November 13, 2018. Signed by Judge Randolph D. Moss on 10/25/2018. (lcrdm1, ) (Entered: 10/25/2018)
2018-10-25Set/Reset Deadlines: Defendants shall file their opposition to Plaintiff's cross-motion for partial summary judgment and reply to Plaintiff's opposition to Defendants' motion for partial summary judgment on or before 10/30/2018; Plaintiff shall file its reply on or before 11/13/2018. (kt) (Entered: 10/25/2018)
2018-10-3021REPLY to opposition to motion re 16 MOTION for Summary Judgment in Part filed by BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES, U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Second Chisholm Declaration)(Braswell, Marina) (Entered: 10/30/2018)
2018-10-3022Memorandum in opposition to re 17 Cross MOTION for Partial Summary Judgment filed by BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES, U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Response to Statement of Material Facts, # 2 Second Chisholm Declaration)(Braswell, Marina) (Entered: 10/30/2018)
2018-10-3123NOTICE (Notice of Filing of Exhibits A-E In Support of the Second Declaration of Peter J. Chisholm) by BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES, U.S. DEPARTMENT OF JUSTICE re 22 Memorandum in Opposition, 21 Reply to opposition to Motion, (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Braswell, Marina) (Entered: 10/31/2018)
2018-11-1324REPLY to opposition to motion re 17 Cross MOTION for Partial Summary Judgment filed by BRADY CENTER TO PREVENT GUN VIOLENCE. (Attachments: # 1 Declaration of Kevin Barnett, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F)(Barnett, Kevin) (Entered: 11/13/2018)
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