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Case TitlePROTECT DEMOCRACY PROJECT, INC. v. U.S. DEPARTMENT OF JUSTICE et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2017cv02225
Date Filed2017-10-26
Date ClosedOpen
JudgeJudge John D. Bates
PlaintiffPROTECT DEMOCRACY PROJECT, INC.
Case DescriptionThe Protect Democracy Project submitted a FOIA request to the Department of Justice's Office of Information Policy, Office of Legal Counsel, and the National Security Division for records concerning advice provided to the White House related to the president's legal authority to launch military strikes or conduct armed conflict against North Korea. The Protect Democracy Project also requested expedited processing and a fee waiver. The Office of Information Policy denied the Project's request for expedited processing. OLC granted the Project's request for expedited processing. The National Security Division denied the Project's request for expedited processing and a fee waiver. The Protect Democracy Project also submitted a FOIA request to the Department of Defense for records related to advice to the White House on the president's legal authority to launch military strikes or conduct armed conflict against North Korea. The Protect Democracy Project also requested expedited processing and a fee waiver. DOD denied the request for expedited processing and told the Protect Democracy Project that its request was being placed on the complex track. The Protect Democracy Project also submitted a FOIA request to the Department of State for the same type of records. The Protect Democracy Project also asked for expedited processing and a fee waiver. The State Department granted its requests for expedited processing and a fee waiver. However, after hearing nothing further from any of the agencies, the Protect Democracy Project filed suit against all three agencies.
Complaint issues: Failure to respond within statutory time limit, Public Interest Fee Waiver, Litigation - Attorney's fees

DefendantDEPARTMENT OF JUSTICE
950 Pennsylvania Ave., NW
Washington, DC 20530
DefendantU.S. DEPARTMENT OF JUSTICE
DefendantDEPARTMENT OF DEFENSE
1400 Defense Pentagon
Washington, DC 20301
DefendantU.S. DEPARTMENT OF DEFENSE
DefendantDEPARTMENT OF STATE
2201 C ST., NW
Washington, DC 20301
DefendantU.S. DEPARTMENT OF STATE
Documents
Docket
Complaint
Complaint attachment 1
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Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
Complaint attachment 7
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Complaint attachment 9
Complaint attachment 10
Complaint attachment 11
Complaint attachment 12
Complaint attachment 13
Complaint attachment 14
Complaint attachment 15
Complaint attachment 16
Complaint attachment 17
Complaint attachment 18
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2017-10-261COMPLAINT against U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF JUSTICE, U.S. DEPARTMENT OF STATE ( Filing fee $ 400 receipt number 0090-5177907) filed by PROTECT DEMOCRACY PROJECT, INC.. (Attachments: # 1 Civil Cover Sheet, # 2 Summons AG Summons, # 3 Summons US Atty Summons, # 4 Summons DOJ Summons, # 5 Summons DOD Summons, # 6 Summons State Summons, # 7 Exhibit Exhibit A, # 8 Exhibit Exhibit B, # 9 Exhibit Exhibit C, # 10 Exhibit Exhibit D, # 11 Exhibit Exhibit E, # 12 Exhibit Exhibit F, # 13 Exhibit Exhibit G, # 14 Exhibit Exhibit H, # 15 Exhibit Exhibit I, # 16 Exhibit Exhibit J, # 17 Exhibit Exhibit K, # 18 Declaration Certificate LCvR 7-1)(Florence, Justin) (Entered: 10/26/2017)
2017-10-272LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by PROTECT DEMOCRACY PROJECT, INC. (md) (Entered: 10/27/2017)
2017-10-27Case Assigned to Judge John D. Bates. (md) (Entered: 10/27/2017)
2017-10-273ENTERED IN ERROR.....SUMMONS (5) Issued Electronically as to U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF JUSTICE, U.S. DEPARTMENT OF STATE, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice of Consent) (md) Modified on 11/3/2017 (zmd). (Entered: 10/27/2017)
2017-11-03SUMMONS (5) Not Issued as to U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF JUSTICE, U.S. DEPARTMENT OF STATE, U.S. Attorney, U.S. Attorney General. (INCORRECT SUMMONS SUBMITTED AT THE TIME COMPLAINT WAS FILED. FOIA SUMMONS NEED TO BE FILED) (zmd) (Entered: 11/03/2017)
2017-11-034REQUEST FOR SUMMONS TO ISSUE ON CORRECT FOIA SUMMONS FORMS re 1 Complaint,, filed by PROTECT DEMOCRACY PROJECT, INC.. Related document: 1 Complaint,, filed by PROTECT DEMOCRACY PROJECT, INC..(Florence, Justin) (Entered: 11/03/2017)
2017-11-065SUMMONS (5) Re-Issued Electronically as to U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF JUSTICE, U.S. DEPARTMENT OF STATE, U.S. Attorney and U.S. Attorney General (znmw) (Entered: 11/06/2017)
2017-11-176RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 11/14/2017. (Florence, Justin) (Main Document 6 replaced on 11/20/2017) (znmw). (Entered: 11/17/2017)
2017-11-177RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 11/14/2017. Answer due for ALL FEDERAL DEFENDANTS by 12/14/2017. (Florence, Justin) (Main Document 7 replaced on 11/20/2017) (znmw). (Entered: 11/17/2017)
2017-11-178RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF DEFENSE served on 11/13/2017; U.S. DEPARTMENT OF JUSTICE served on 11/14/2017; U.S. DEPARTMENT OF STATE served on 11/14/2017 (Florence, Justin) (Main Document 8 replaced on 11/20/2017) (znmw). (Entered: 11/17/2017)
2017-12-139NOTICE of Appearance by Daniel Patrick Schaefer on behalf of U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF JUSTICE, U.S. DEPARTMENT OF STATE (Schaefer, Daniel) (Entered: 12/13/2017)
2017-12-1310Consent MOTION for Extension of Time to File Answer re 1 Complaint,, by U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF JUSTICE, U.S. DEPARTMENT OF STATE (Attachments: # 1 Text of Proposed Order)(Schaefer, Daniel) (Entered: 12/13/2017)
2017-12-13MINUTE ORDER: Upon consideration of 10 defendants' consent motion for an extension of time to answer or otherwise respond to plaintiff's complaint, and the entire record herein, it is hereby ORDERED that the motion is GRANTED; and it is further ORDERED that the defendants shall answer or otherwise respond to the complaint by not later than Thursday, January 11, 2018. Signed by Judge John D. Bates on 12/13/2017. (lcjdb1) (Entered: 12/13/2017)
2017-12-1811REQUEST FOR SUMMONS TO ISSUE WITH CORRECTED ADDRESS TO STATE DEPARTMENT re 1 Complaint,, filed by PROTECT DEMOCRACY PROJECT, INC.. Related document: 1 Complaint,, filed by PROTECT DEMOCRACY PROJECT, INC..(Florence, Justin) (Entered: 12/18/2017)
2017-12-2012SUMMONS (1) Reissued Electronically as to U.S. DEPARTMENT OF STATE (td) (Entered: 12/20/2017)
2018-01-0213RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF STATE served on 12/27/2017 (Florence, Justin) (Entered: 01/02/2018)
2018-01-1114ANSWER to 1 Complaint by U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF JUSTICE, U.S. DEPARTMENT OF STATE.(Schaefer, Daniel) Modified to add link on 1/12/2018 (znmw). (Entered: 01/11/2018)
2018-01-1215SCHEDULING ORDER. See text of Order for details. Signed by Judge John D. Bates on 1/12/2018. (lcjdb1) (Entered: 01/12/2018)
2018-01-17ENTERED IN ERROR....Set/Reset Deadlines: Proposed Briefing Schedule due by 2/12/2018. (tb) Modified on 1/17/2018 (tb). (Entered: 01/17/2018)
2018-01-17NOTICE OF CORRECTED DOCKET ENTRY: A set/reset deadline was entered in error in this case on 01/17/18 and counsel is instructed to disregard that entry. (tb) (Entered: 01/17/2018)
2018-02-1216Joint STATUS REPORT and Joint Proposed Schedule for Further Proceedings by U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF JUSTICE, U.S. DEPARTMENT OF STATE. (Attachments: # 1 Text of Proposed Order)(Schaefer, Daniel) (Entered: 02/12/2018)
2018-02-13MINUTE ORDER: Upon consideration of 16 the parties' joint status report, and the entire record herein, it is hereby ORDERED that defendants shall issue their first interim responses to plaintiff's requests by not later than Tuesday, March 20, 2018; and it is further ORDERED that, if this matter has not been resolved by Tuesday, March 27, 2018, the parties shall file a further joint status report on that date. SO ORDERED. Signed by Judge John D. Bates on 2/13/2018. (lcjdb1) (Entered: 02/13/2018)
2018-02-13Set/Reset Deadlines: If this matter has not been resolved by 3/27/2018 then the parties shall file Joint Status Report by 3/27/2018. (tb) (Entered: 02/13/2018)
2018-03-2717NOTICE of Appearance by Allison F. Murphy on behalf of PROTECT DEMOCRACY PROJECT, INC. (Murphy, Allison) (Entered: 03/27/2018)
2018-03-2718Joint STATUS REPORT by U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF JUSTICE, U.S. DEPARTMENT OF STATE. (Attachments: # 1 Text of Proposed Order)(Schaefer, Daniel) (Entered: 03/27/2018)
2018-04-2419SCHEDULING ORDER. See text of order for details. Signed by Judge John D. Bates on 4/24/2018. (lcjdb1) (Entered: 04/24/2018)
2018-04-25Set/Reset Deadlines: Joint Status Report and proposed production schedule due by 4/26/2018. Joint Status Report on the all defendants' processing and responses and proposed schedule due by 5/25/2018. (tb) (Entered: 04/25/2018)
2018-04-2620Joint STATUS REPORT by U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF JUSTICE, U.S. DEPARTMENT OF STATE. (Schaefer, Daniel) (Entered: 04/26/2018)
2018-05-2521Joint STATUS REPORT by U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF JUSTICE, U.S. DEPARTMENT OF STATE. (Attachments: # 1 Text of Proposed Order)(Schaefer, Daniel) (Entered: 05/25/2018)
2018-05-30MINUTE ORDER: Upon consideration of 21 the parties' joint status report, and the entire record herein, it is hereby ORDERED that the parties shall submit another joint status report by not later than Thursday, August 23, 2018. Signed by Judge John D. Bates on 5/30/2018. (lcjdb1) (Entered: 05/30/2018)
2018-05-30Set/Reset Deadlines: Joint Status Report due by 8/23/2018. (tb) (Entered: 05/30/2018)
2018-08-0122NOTICE OF WITHDRAWAL OF APPEARANCE as to PROTECT DEMOCRACY PROJECT, INC.. Attorney Allison F. Murphy terminated. (Murphy, Allison) (Entered: 08/01/2018)
2018-08-0123NOTICE of Appearance by Anne Harden Tindall on behalf of PROTECT DEMOCRACY PROJECT, INC. (Tindall, Anne) (Entered: 08/01/2018)
2018-08-2324STATUS REPORT by U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF JUSTICE, U.S. DEPARTMENT OF STATE. (Attachments: # 1 Exhibit 1, # 2 Text of Proposed Order)(Schaefer, Daniel) (Entered: 08/23/2018)
2018-08-2425NOTICE of Agreement by PROTECT DEMOCRACY PROJECT, INC. re 24 Status Report (Tindall, Anne) (Entered: 08/24/2018)
2018-08-29MINUTE ORDER: Upon consideration of 24 defendants' status report, 25 plaintiff's notice of agreement thereto, and the entire record herein, it is hereby ORDERED that the parties shall submit a further joint status report by not later than Monday, October 22, 2018. Signed by Judge John D. Bates on 8/29/2018 (lcjdb1) (Entered: 08/29/2018)
2018-08-31Set/Reset Deadlines: Joint Status Report due by 10/22/2018. (tb) (Entered: 08/31/2018)
2018-10-2226Joint STATUS REPORT by U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF JUSTICE, U.S. DEPARTMENT OF STATE. (Attachments: # 1 Text of Proposed Order)(Schaefer, Daniel) (Entered: 10/22/2018)
2018-10-23MINUTE ORDER: Upon consideration of 26 the parties' joint status report, and the entire record herein, it is hereby ORDERED that the parties shall submit a further joint status report by not later than Wednesday, January 23, 2019. Signed by Judge John D. Bates on 10/23/18.(lcjdb1) (Entered: 10/23/2018)
2018-10-23Set/Reset Deadlines: Joint status report due by 1/29/2019. (lcjdb1) (Entered: 10/23/2018)
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