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Case TitleNICHOLS KASTER, PLLP et al v. UNITED STATES DEPARTMENT OF LABOR
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2018cv00278
Date Filed2018-02-07
Date ClosedOpen
JudgeJudge Amit P. Mehta
PlaintiffNICHOLS KASTER, PLLP
TERMINATED: 05/08/2018
PlaintiffCOHEN MILSTEIN SELLERS & TOLL PLLC
Case DescriptionThe law firms of Nichols Kaster and Cohen Milstein Sellers & Toll submitted FOIA requests to the Department of Labor for records concerning home care services. The agency acknowledged receipt of the requests, but after hearing nothing further from the agency, the two law firms filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Attorney's fees

DefendantUNITED STATES DEPARTMENT OF LABOR
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2018-02-071COMPLAINT against UNITED STATES DEPARTMENT OF LABOR ( Filing fee $ 400 receipt number 0090-5322467) filed by Nichols Kaster, PLLP, COHEN MILSTEIN SELLERS & TOLL PLLC. (Attachments: # 1 Exhibit A, # 2 Civil Cover Sheet, # 3 Summons)(Friedman, Jason) (Entered: 02/07/2018)
2018-02-092ERRATA Pursuant to LCvR 5.1(c) by COHEN MILSTEIN SELLERS & TOLL PLLC, Nichols Kaster, PLLP 1 Complaint, filed by COHEN MILSTEIN SELLERS & TOLL PLLC, Nichols Kaster, PLLP. (Friedman, Jason) (Entered: 02/09/2018)
2018-02-09Case Assigned to Judge Amit P. Mehta. (zmd) (Entered: 02/09/2018)
2018-02-093SUMMONS (1) Issued Electronically as to UNITED STATES DEPARTMENT OF LABOR. (Attachments: # 1 Notice and Consent) (zmd) (Entered: 02/09/2018)
2018-02-09SUMMONS Not Issued as to U.S. Attorney, U.S. Attorney General (zmd) (Entered: 02/09/2018)
2018-02-124MOTION for Leave to Appear Pro Hac Vice :Attorney Name- James H. Kaster, :Firm- Nichols Kaster, PLLP, :Address- 80 S. 8th Street, Suite 4600, Minneapolis, MN 55402. Phone No. - 612-256-3200. Fax No. - 612-338-4878 Filing fee $ 100, receipt number 0090-5328934. Fee Status: Fee Paid. by COHEN MILSTEIN SELLERS & TOLL PLLC, NICHOLS KASTER, PLLP (Attachments: # 1 Declaration of James H. Kaster, # 2 Text of Proposed Order)(Friedman, Jason) (Entered: 02/12/2018)
2018-02-125MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Lindsey E. Krause, :Firm- Nichols Kaster, PLLP, :Address- 80 S. 8th Street, Suite 4600, Minneapolis, MN 55402. Phone No. - 612-256-3200. Fax No. - 612-338-4878 Filing fee $ 100, receipt number 0090-5328940. Fee Status: Fee Paid. by COHEN MILSTEIN SELLERS & TOLL PLLC, NICHOLS KASTER, PLLP (Attachments: # 1 Declaration of Lindsey E. Krause, # 2 Text of Proposed Order)(Friedman, Jason) (Entered: 02/12/2018)
2018-02-13MINUTE ORDER granting 4 Motion for Leave to Appear Pro Hac Vice. Attorney James H. Kaster is hereby admitted pro hac vice to appear in this matter. Signed by Judge Amit P. Mehta on 02/13/2018. (lcapm1) (Entered: 02/13/2018)
2018-02-13MINUTE ORDER granting 5 Motion for Leave to Appear Pro Hac Vice. Attorney Lindsey E. Krause is hereby admitted pro hac vice to appear in this matter. Signed by Judge Amit P. Mehta on 02/13/2018. (lcapm1) (Entered: 02/13/2018)
2018-03-126RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 02/15/2018. (Krause, Lindsey) (Entered: 03/12/2018)
2018-03-127RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES DEPARTMENT OF LABOR served on 2/16/2018 (Krause, Lindsey) (Entered: 03/12/2018)
2018-03-228ORDER TO SHOW CAUSE why this matter should not be dismissed for failure to serve if Plaintiffs do not serve the U.S. Attorney for the District of Columbia on or before May 8, 2018. Please see the attached Order for additional details. Signed by Judge Amit P. Mehta on 03/22/2018. (lcapm1) (Entered: 03/22/2018)
2018-03-269NOTICE of Appearance by Benton Gregory Peterson on behalf of UNITED STATES DEPARTMENT OF LABOR (Peterson, Benton) (Entered: 03/26/2018)
2018-04-0610RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 3/23/2018. Answer due for ALL FEDERAL DEFENDANTS by 4/22/2018. (Krause, Lindsey) (Entered: 04/06/2018)
2018-04-2311ANSWER to Complaint by UNITED STATES DEPARTMENT OF LABOR.(Peterson, Benton) (Entered: 04/23/2018)
2018-04-23MINUTE 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 May 7, 2018. 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 04/23/2018. (lcapm1) (Entered: 04/23/2018)
2018-04-23Set/Reset Deadlines/Hearings: Joint Status Report due by 5/7/2018. (zcdw) (Entered: 04/24/2018)
2018-04-2612MOTION for Partial Judgment on the Pleadings by UNITED STATES DEPARTMENT OF LABOR (Attachments: # 1 Text of Proposed Order)(Peterson, Benton) . (Entered: 04/26/2018)
2018-05-0313Consent MOTION for Extension of Time to File a Joint Status Report by UNITED STATES DEPARTMENT OF LABOR (Peterson, Benton) (Entered: 05/03/2018)
2018-05-03MINUTE ORDER granting Defendant's 13 Unopposed Motion for Extension of Time to File Joint Status Report. The parties' Joint Status Report shall now be due on or before May 21, 2018. Signed by Judge Amit P. Mehta on 05/03/2018. (lcapm1) (Entered: 05/03/2018)
2018-05-03Set/Reset Deadlines/Hearings: Joint Status Report due by 5/21/2018. (zcdw) (Entered: 05/06/2018)
2018-05-0814AMENDED COMPLAINT against UNITED STATES DEPARTMENT OF LABOR filed by COHEN MILSTEIN SELLERS & TOLL PLLC. (Attachments: # 1 Exhibit A)(Friedman, Jason) (Entered: 05/08/2018)
2018-05-09MINUTE ORDER. In view of Plaintiff Cohen Milstein Sellers & Toll PLLC's filing of an Amended Complaint that removes as a named plaintiff Nichols Kaster, PLLP, Defendant's 12 Motion for Partial Judgment on the Pleadings is denied as moot. The 14 Amended Complaint shall now be the operative complaint in this matter. Signed by Judge Amit P. Mehta on 05/09/2018. (lcapm1) (Entered: 05/09/2018)
2018-05-2115Joint STATUS REPORT by UNITED STATES DEPARTMENT OF LABOR. (Peterson, Benton) (Entered: 05/21/2018)
2018-05-21MINUTE ORDER. Upon consideration of the parties' 15 Joint Status Report, the parties are directed to file another Joint Status Report, on or before June 20, 2018, that updates the court on their progress and, if necessary, proposes a briefing schedule for summary judgment. Signed by Judge Amit P. Mehta on 05/21/2018. (lcapm1) (Entered: 05/21/2018)
2018-05-21Set/Reset Deadlines: Joint Status Report due by 6/20/2018. (zjd) (Entered: 05/24/2018)
2018-06-2016Joint STATUS REPORT by UNITED STATES DEPARTMENT OF LABOR. (Peterson, Benton) (Entered: 06/20/2018)
2018-06-21MINUTE ORDER. Upon consideration of the parties' 16 Joint Status Report, the parties are directed to file another Joint Status Report on or before July 20, 2018. Signed by Judge Amit P. Mehta on 06/21/2018. (lcapm1) (Entered: 06/21/2018)
2018-06-21Set/Reset Deadlines: Joint Status Report due by 7/20/2018. (zjd) (Entered: 06/21/2018)
2018-07-2017Joint STATUS REPORT by UNITED STATES DEPARTMENT OF LABOR. (Peterson, Benton) (Entered: 07/20/2018)
2018-07-23MINUTE ORDER. Upon consideration of the parties' 17 Joint Status Report, the parties are directed to file another Joint Status Report, on or before September 20, 2018, that updates the court on their progress and, if necessary, proposes a briefing schedule for summary judgment. Signed by Judge Amit P. Mehta on 07/23/2018. (lcapm1) (Entered: 07/23/2018)
2018-07-24Set/Reset Deadlines: Joint Status Report due by 9/20/2018. (tg) (Entered: 07/24/2018)
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by FOIA Project Staff
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