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Case TitleCITIZENS UNITED v. UNITED STATES DEPARTMENT OF STATE
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2018cv00326
Date Filed2018-02-13
Date ClosedOpen
JudgeJudge Christopher R. Cooper
PlaintiffCITIZENS UNITED
Case DescriptionCitizens United submitted a FOIA request to the Department of State for emails sent or received by former Assistant Secretary of State for European and Eurasian Affairs Victoria Nuland during a specified time period. Citizens United also requested inclusion in the news media category and expedited processing. The agency acknowledged receipt of the request. The agency denied Citizens United's request for expedited processing. After hearing nothing further from the agency, Citizens United filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Vaughn index, Litigation - Attorney's fees

DefendantUNITED STATES DEPARTMENT OF STATE
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

2018-02-131COMPLAINT against UNITED STATES DEPARTMENT OF STATE ( Filing fee $ 400 receipt number 0090-5330259) filed by CITIZENS UNITED. (Attachments: # 1 Civil Cover Sheet, # 2 Summons to the Attorney General, # 3 Summons to the Dept of State, # 4 Summons to US Attorney, # 5 Exhibit A, # 6 Exhibit B, # 7 Exhibit C)(Morgan, Jeremiah) (Entered: 02/13/2018)
2018-02-132LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by CITIZENS UNITED (Morgan, Jeremiah) (Entered: 02/13/2018)
2018-02-14Case Assigned to Judge Christopher R. Cooper. (zsb) (Entered: 02/14/2018)
2018-02-143SUMMONS (3) Issued Electronically as to UNITED STATES DEPARTMENT OF STATE, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(zsb) (Entered: 02/14/2018)
2018-03-084NOTICE of Appearance by William Mark Nebeker on behalf of UNITED STATES DEPARTMENT OF STATE (Nebeker, William) (Entered: 03/08/2018)
2018-03-235Unopposed MOTION for Extension of Time to File Answer re 1 Complaint, by UNITED STATES DEPARTMENT OF STATE (Attachments: # 1 Text of Proposed Order)(Nebeker, William) (Entered: 03/23/2018)
2018-03-23MINUTE ORDER granting 5 Defendant's Motion for Extension of Time to Answer. Defendant's response to the complaint shall now be due by April 9, 2018. Signed by Judge Christopher R. Cooper on 3/23/2018. (lccrc2) (Entered: 03/23/2018)
2018-03-23Set/Reset Deadlines: Answer due by 4/9/2018 (lsj) (Entered: 03/23/2018)
2018-04-096ANSWER to Complaint by UNITED STATES DEPARTMENT OF STATE.(Nebeker, William) (Entered: 04/09/2018)
2018-04-09MINUTE ORDER: Before the Court in this FOIA case are a complaint and an answer. Since the requirements of LCvR 16.3 and Rule 26(f) of the Federal Rules of Civil Procedure do not apply, it is hereby ORDERED that the parties shall confer and file a joint proposed schedule for briefing or production by April 23, 2018. Signed by Judge Christopher R. Cooper on 4/9/2018. (lccrc2) (Entered: 04/09/2018)
2018-04-10Set/Reset Deadlines: Joint Proposed Briefing Schedule due by 4/23/2018 (lsj) (Entered: 04/10/2018)
2018-04-207Joint STATUS REPORT by CITIZENS UNITED. (Morgan, Jeremiah) (Entered: 04/20/2018)
2018-04-24MINUTE ORDER: In light of 7 the parties' joint status report, the parties shall file a further joint status report by May 7, 2018 proposing a further schedule for production and, if applicable, briefing. Signed by Judge Christopher R. Cooper on 4/24/2018. (lccrc2) (Entered: 04/24/2018)
2018-04-24Set/Reset Deadlines: Joint Status Report due by 5/7/2018 (lsj) (Entered: 04/24/2018)
2018-05-078Joint STATUS REPORT by UNITED STATES DEPARTMENT OF STATE. (Nebeker, William) (Entered: 05/07/2018)
2018-05-08MINUTE ORDER: In light of 8 the parties' joint status report, the parties shall file a further joint status report by May 23, 2018 updating the Court on the status of production and proposing a further schedule for production. Signed by Judge Christopher R. Cooper on 5/8/2018. (lccrc2) (Entered: 05/08/2018)
2018-05-08Set/Reset Deadlines: Joint Status Report due by 5/23/2018 (lsj) (Entered: 05/08/2018)
2018-05-239Joint STATUS REPORT by UNITED STATES DEPARTMENT OF STATE. (Attachments: # 1 Declaration Stein)(Nebeker, William) (Entered: 05/23/2018)
2018-05-30MINUTE ORDER: In light of the resource constraints and production orders in other cases detailed in the Stein declaration attached to the 9 5/23/18 Joint Status Report, the Court hereby orders that the State Department process at least 300 documents per month. To reduce the number of potentially responsive documents that require processing, the Court encourages Plaintiff to narrow its request by identifying specific email senders and recipients (or other relevant key words), as it has done in other FOIA requests before this Court. It is further ordered that the parties file joint status reports every 90 days, beginning August 30, 2018. So ordered. Signed by Judge Christopher R. Cooper on 5/30/2018. (lccrc2) (Entered: 05/30/2018)
2018-05-30Set/Reset Deadlines: Joint Status Report due by 8/30/2018 (lsj) (Entered: 05/30/2018)
2018-06-06MINUTE ORDER: The Court revises its prior Minute Order of May 30, 2018 to reflect that the government is to process 300 pages per month, not 300 documents. Signed by Judge Christopher R. Cooper on 6/6/2018. (lccrc2) (Entered: 06/06/2018)
2018-08-3110Unopposed MOTION for Extension of Time to File Joint Status Report by UNITED STATES DEPARTMENT OF STATE (Attachments: # 1 Exhibit Joint Status Report, # 2 Text of Proposed Order)(Nebeker, William) (Entered: 08/31/2018)
2018-09-04MINUTE ORDER granting 10 Motion for Extension of Time to File Joint Status Report and Accepting Late Filing. Signed by Judge Christopher R. Cooper on 9/4/2018. (lccrc2) (Entered: 09/04/2018)
2018-11-2811Joint STATUS REPORT by CITIZENS UNITED. (Morgan, Jeremiah) (Entered: 11/28/2018)
2019-01-1712Unopposed MOTION to Stay , Unopposed MOTION for Extension of Time to All Deadlines by UNITED STATES DEPARTMENT OF STATE (Attachments: # 1 Text of Proposed Order)(Pfaffenroth, Peter) (Entered: 01/17/2019)
2019-01-17MINUTE ORDER granting 12 Defendant's Motion to Stay. All deadlines in the case shall be stayed pending renewed funding. Signed by Judge Christopher R. Cooper on 1/17/2019. (lccrc2) (Entered: 01/17/2019)
2019-02-01MINUTE ORDER: In light of the restoration of appropriations, the stay in this case is lifted. The parties shall provide a joint status report on or before February 8, 2019, which shall include a proposed schedule for future proceedings. Signed by Judge Christopher R. Cooper on 2/1/2019. (lccrc2) (Entered: 02/01/2019)
2019-02-05Set/Reset Deadlines: Joint Status Report due by 2/8/2019 (lsj) (Entered: 02/05/2019)
2019-02-0813Joint STATUS REPORT by CITIZENS UNITED. (Morgan, Jeremiah) (Entered: 02/08/2019)
2019-02-08MINUTE ORDER: In light of 13 the parties' joint status report, the parties shall file a joint status report every 90 days, to begin on or before March 1, 2019. Signed by Judge Christopher R. Cooper on 2/8/2019. (lccrc2) (Entered: 02/08/2019)
2019-02-08Set/Reset Deadlines: Joint Status Report due by 3/1/2019 (lsj) (Entered: 02/08/2019)
2019-03-0414Unopposed MOTION for Extension of Time to File Joint Status Report by UNITED STATES DEPARTMENT OF STATE (Attachments: # 1 Exhibit Joint Status Report, # 2 Text of Proposed Order)(Nebeker, William) (Entered: 03/04/2019)
2019-03-05MINUTE ORDER granting 14 Motion for Extension of Time to File Joint Status Report and accepting for filing the attached joint status report. Signed by Judge Christopher R. Cooper on 3/5/2019. (lccrc2) (Entered: 03/05/2019)
2019-05-3015Joint STATUS REPORT by UNITED STATES DEPARTMENT OF STATE. (Nebeker, William) (Entered: 05/30/2019)
2019-08-2816Joint STATUS REPORT by UNITED STATES DEPARTMENT OF STATE. (Nebeker, William) (Entered: 08/28/2019)
2019-09-03MINUTE ORDER: In light of 16 the parties' joint status report, the parties shall continue file a joint status report every 90 days, with the next due on or before November 26, 2019. The next status report shall detail the number of responsive documents that still require processing and an estimate of how long it will take State to complete the production given its processing rate for this request to date. Signed by Judge Christopher R. Cooper on 09/03/2019. (lccrc3) (Entered: 09/03/2019)
2019-09-04Set/Reset Deadlines: Joint Status Report due by 11/26/2019 (lsj) (Entered: 09/04/2019)
2019-11-2617Joint STATUS REPORT by CITIZENS UNITED. (Morgan, Jeremiah) (Entered: 11/26/2019)
2019-12-02MINUTE ORDER: Especially in light of Plaintiff's apparent unwillingness to narrow the subject matter of its "all emails" FOIA request by negotiating relevant search terms, which is a common practice in FOIA litigation, the Court declines to alter the production schedule in this matter. The parties shall, consistent with the Court's September 3, 2019 Minute Order, file a further joint status report on or before February 24, 2020. Signed by Judge Christopher R. Cooper on 12/2/19. (lccrc2) (Entered: 12/02/2019)
2019-12-03Set/Reset Deadlines: Joint Status Report due by 2/24/2020 (lsj) (Entered: 12/03/2019)
2020-02-2418NOTICE OF SUBSTITUTION OF COUNSEL by Robert Aaron Caplen on behalf of UNITED STATES DEPARTMENT OF STATE Substituting for attorney W. Mark Nebeker (Caplen, Robert) (Entered: 02/24/2020)
2020-02-2419Joint STATUS REPORT by UNITED STATES DEPARTMENT OF STATE. (Caplen, Robert) (Entered: 02/24/2020)
2020-02-25MINUTE ORDER: The parties are directed to appear for a status conference on March 4, 2020 at 10:00 a.m. in Courtroom 27A before Judge Christopher R. Cooper. Signed by Judge Christopher R. Cooper on 2/25/20. (lccrc2) (Entered: 02/25/2020)
2020-02-26Set/Reset Hearings: Status Conference set for 3/4/2020 at 10:00 AM in Courtroom 27A before Judge Christopher R. Cooper. (lsj) (Entered: 02/26/2020)
2020-03-04Minute Entry for proceedings held before Judge Christopher R. Cooper: Status Conference held on 3/4/2020. (Court Reporter: Lisa Moreira) (lsj) (Entered: 03/04/2020)
2020-03-2620Unopposed MOTION to Stay by UNITED STATES DEPARTMENT OF STATE (Attachments: # 1 Declaration of Eric F. Stein, # 2 Text of Proposed Order)(Caplen, Robert) (Entered: 03/26/2020)
2020-03-2721MINUTE ORDER granting 20 Government's Unopposed Motion to Stay Case. This case is hereby STAYED through April 27, 2020. The Government is directed to file a status report by April 27, 2020, and every 30 days thereafter, which shall advise the Court whether the retired Foreign Service Officers have been cleared to resume work and, if so, propose a revised schedule forproductions to resume in this case. Signed by Judge Christopher R. Cooper on 3/27/20. (lccrc2) (Entered: 03/27/2020)
2020-04-1722TRANSCRIPT OF STATUS CONFERENCE before Judge Christopher R. Cooper held on March 4, 2020; Page Numbers: 1-11. Date of Issuance:April 17, 2020. Court Reporter/Transcriber Lisa A. Moreira, RDR, CRR, Telephone number (202) 354-3187, Transcripts may be ordered by submitting the Transcript Order Form For the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from th e 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. 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. Redaction Request due 5/8/2020. Redacted Transcript Deadline set for 5/18/2020. Release of Transcript Restriction set for 7/16/2020.(Moreira, Lisa) (Entered: 04/17/2020)
2020-04-2723STATUS REPORT by UNITED STATES DEPARTMENT OF STATE. (Caplen, Robert) (Entered: 04/27/2020)
2020-05-2624STATUS REPORT by UNITED STATES DEPARTMENT OF STATE. (Caplen, Robert) (Entered: 05/26/2020)
2020-06-2425STATUS REPORT by UNITED STATES DEPARTMENT OF STATE. (Caplen, Robert) (Entered: 06/24/2020)
2020-07-2726STATUS REPORT by UNITED STATES DEPARTMENT OF STATE. (Caplen, Robert) (Entered: 07/27/2020)
2020-08-2627STATUS REPORT by UNITED STATES DEPARTMENT OF STATE. (Caplen, Robert) (Entered: 08/26/2020)
2020-09-2228STATUS REPORT by UNITED STATES DEPARTMENT OF STATE. (Caplen, Robert) (Entered: 09/22/2020)
2020-09-23STATUS REPORT ORDER: Upon consideration of the 28 Status Report, the Government is hereby directed to file a further Status Report on or before 10/22/2020. Signed by Judge Christopher R. Cooper on 09/23/2020. (lccrc3) (Entered: 09/23/2020)
2020-10-2229STATUS REPORT by UNITED STATES DEPARTMENT OF STATE. (Caplen, Robert) (Entered: 10/22/2020)
2020-10-23MINUTE ORDER: Upon consideration of the 29 Status Report, the Government is hereby directed to file a further Status Report on or before 11/23/2020. Signed by Judge Christopher R. Cooper on 10/22/2020. (lccrc3) Modified on 10/26/2020 (lsj). (Entered: 10/23/2020)
2020-11-2330STATUS REPORT by UNITED STATES DEPARTMENT OF STATE. (Caplen, Robert) (Entered: 11/23/2020)
2020-11-24MINUTE ORDER: Upon consideration of the 30 Status Report, the Government is hereby directed to file a further Status Report on or before 12/23/2020. This case remains stayed. Signed by Judge Christopher R. Cooper on 11/24/2020. (lccrc3) (Entered: 11/24/2020)
2020-11-24Set/Reset Deadlines: Status Report due by 12/23/2020 (lsj) (Entered: 11/24/2020)
2020-12-2331STATUS REPORT by UNITED STATES DEPARTMENT OF STATE. (Caplen, Robert) (Entered: 12/23/2020)
2021-01-2232STATUS REPORT by UNITED STATES DEPARTMENT OF STATE. (Caplen, Robert) (Entered: 01/22/2021)
2021-01-26MINUTE ORDER: Upon consideration of the 32 Status Report, the Government is hereby directed to file a further Status Report on or before February 22, 2021. This case remains stayed. Signed by Judge Christopher R. Cooper on 01/26/2021. (lccrc3) (Entered: 01/26/2021)
2021-02-2233STATUS REPORT by UNITED STATES DEPARTMENT OF STATE. (Caplen, Robert) (Entered: 02/22/2021)
2021-02-23MINUTE ORDER: The parties are hereby directed to appear for a status conference by video on March 1, 2021, at 12:00 PM. Video connection information will be provided to the parties separately. Signed by Judge Christopher R. Cooper on 02/23/2021. (lccrc3) (Entered: 02/23/2021)
2021-03-01Minute Entry for via Status Conference held before Judge Christopher R. Cooper on 3/1/2021. Forthcoming Order. (Court Reporter: Lisa Moreira) (lsj) (Entered: 03/01/2021)
2021-03-01MINUTE ORDER: The parties are hereby directed to file a Joint Status Report on or before April 30, 2021. To the extent possible, the Joint Status Report should include an estimate of the volume of records for the Government to process and a joint proposed schedule for production. Signed by Judge Christopher R. Cooper on 03/01/2021. (lccrc3) (Entered: 03/01/2021)
2021-04-3034Joint STATUS REPORT by UNITED STATES DEPARTMENT OF STATE. (Caplen, Robert) (Entered: 04/30/2021)
2021-05-03MINUTE ORDER: In light of the 34 Joint Status Report, the parties are hereby directed to file a further Joint Status Report on or before July 1, 2021. Signed by Judge Christopher R. Cooper on 05/03/2021. (lccrc3) (Entered: 05/03/2021)
2021-06-2535Joint STATUS REPORT by UNITED STATES DEPARTMENT OF STATE. (Caplen, Robert) (Entered: 06/25/2021)
2021-06-29MINUTE ORDER: In light of the 35 Joint Status Report, the parties are directed to file a further Joint Status Report on or before September 1, 2021. Signed by Judge Christopher R. Cooper on 06/29/2021. (lccrc3) (Entered: 06/29/2021)
2021-07-0636NOTICE of Appearance by John Moustakas on behalf of UNITED STATES DEPARTMENT OF STATE (Moustakas, John) (Entered: 07/06/2021)
2021-09-0137Joint STATUS REPORT by CITIZENS UNITED. (Morgan, Jeremiah) (Entered: 09/01/2021)
2021-09-07MINUTE ORDER: In light of the 37 Joint Status Report, the parties are directed to file a further Joint Status Report on or before November 1, 2021. Signed by Judge Christopher R. Cooper on 9/7/2021. (lccrc3) (Entered: 09/07/2021)
2021-11-0138Joint STATUS REPORT by CITIZENS UNITED. (Morgan, Jeremiah) (Entered: 11/01/2021)
2021-11-04MINUTE ORDER: In light of the 38 Joint Status Report, the parties are hereby directed to file a further Joint Status Report on or before January 14, 2022. Signed by Judge Christopher R. Cooper on 11/4/2021. (lccrc3) (Entered: 11/04/2021)
2021-11-04Set/Reset Deadlines: Joint Status Report due by 1/14/2022. (znbn) (Entered: 11/04/2021)
2022-01-1439Joint STATUS REPORT by UNITED STATES DEPARTMENT OF STATE. (Moustakas, John) (Entered: 01/14/2022)
2022-01-14MINUTE ORDER: In light of the 39 Joint Status Report, the parties are hereby directed to file a further Joint Status Report on or before March 15, 2022. The next report shall include an estimate of the number of pages left to be processed. Signed by Judge Christopher R. Cooper on 1/14/2022. (lccrc3) (Entered: 01/14/2022)
2022-03-17MINUTE ORDER: The parties are hereby directed to file their late Joint Status Report no later than March 21, 2022. As stated in the Court's Minute Order dated 1/14/2022, the parties shall include an estimate of the number of pages left to be processed. So Ordered by Judge Christopher R. Cooper on 3/17/2022. (lccrc3) (Entered: 03/17/2022)
2022-03-1740Joint STATUS REPORT by UNITED STATES DEPARTMENT OF STATE. (Moustakas, John) (Entered: 03/17/2022)
2022-03-18MINUTE ORDER: In light of the 40 Joint Status Report, the parties are hereby directed to file a further Joint Status Report on or before June 10, 2022. As with this last report, the next report shall include an estimate of the number of pages left to be processed. Signed by Judge Christopher R. Cooper on 3/18/2022. (lccrc3) (Entered: 03/18/2022)
2022-06-0941Joint STATUS REPORT by UNITED STATES DEPARTMENT OF STATE. (Caplen, Robert) (Entered: 06/09/2022)
2022-06-10MINUTE ORDER: In light of the 41 Joint Status Report, the parties are hereby directed to file a further Joint Status Report on or before September 8, 2022. Signed by Judge Christopher R. Cooper on 6/10/2022. (lccrc3) (Entered: 06/10/2022)
2022-09-0742Joint STATUS REPORT by UNITED STATES DEPARTMENT OF STATE. (Caplen, Robert) (Entered: 09/07/2022)
2022-09-08MINUTE ORDER: In light of the 42 Joint Status Report, the parties are hereby directed to file another Joint Status Report by December 8, 2022. Signed by Judge Christopher R. Cooper on 09/08/2022. (lccrc3) (Entered: 09/08/2022)
2022-12-0743Joint STATUS REPORT by UNITED STATES DEPARTMENT OF STATE. (Caplen, Robert) (Entered: 12/07/2022)
2022-12-09MINUTE ORDER: In light of the 43 Joint Status Report, the parties are hereby directed to file another Joint Status Report by March 8, 2023. The next status report should indicate an approximate date of completion of the defendant's review and production. Signed by Judge Christopher R. Cooper on 12/09/2022. (lccrc3) (Entered: 12/09/2022)
2023-02-0344NOTICE OF SUBSTITUTION OF COUNSEL by Brian J. Levy on behalf of UNITED STATES DEPARTMENT OF STATE Substituting for attorney Robert A. Caplen (Levy, Brian) (Entered: 02/03/2023)
2023-03-0845Joint STATUS REPORT by UNITED STATES DEPARTMENT OF STATE. (Attachments: # 1 Text of Proposed Order)(Levy, Brian) (Entered: 03/08/2023)
2023-03-10MINUTE ORDER: In light of the 45 Joint Status Report, the parties are hereby directed to file another Joint Status Report by June 9, 2023. Signed by Judge Christopher R. Cooper on 03/10/2023. (lccrc3) (Entered: 03/10/2023)
2023-06-0946Joint STATUS REPORT by UNITED STATES DEPARTMENT OF STATE. (Attachments: # 1 Text of Proposed Order)(Levy, Brian) (Entered: 06/09/2023)
2023-06-13MINUTE ORDER: In light of the 46 Joint Status Report, the parties are hereby directed to file another Joint Status Report by September 11, 2023. Signed by Judge Christopher R. Cooper on 06/13/2023. (lccrc3) (Entered: 06/13/2023)
2023-09-1147Joint STATUS REPORT by UNITED STATES DEPARTMENT OF STATE. (Attachments: # 1 Text of Proposed Order)(Levy, Brian) (Entered: 09/11/2023)
2023-09-12MINUTE ORDER: In light of the 47 Joint Status Report, the parties are hereby directed to file another Joint Status Report by December 11, 2023. Signed by Judge Christopher R. Cooper on 09/12/2023. (lccrc3) (Entered: 09/12/2023)
2023-12-1148Joint STATUS REPORT by UNITED STATES DEPARTMENT OF STATE. (Attachments: # 1 Text of Proposed Order)(Levy, Brian) (Entered: 12/11/2023)
2023-12-12MINUTE ORDER: In light of the 48 Joint Status Report, the parties are hereby directed to file a further joint status report by March 11, 2024. Signed by Judge Christopher R. Cooper on 12/12/2023. (lccrc3) (Entered: 12/12/2023)
2024-03-1149Joint STATUS REPORT by UNITED STATES DEPARTMENT OF STATE. (Attachments: # 1 Text of Proposed Order)(Levy, Brian) (Entered: 03/11/2024)
2024-03-12MINUTE ORDER: In light of the 49 Joint Status Report, the parties are hereby directed to appear for a Status Conference on April 3, 2024 at 11:00 AM in Courtroom 27A (In Person) before Judge Christopher R. Cooper. Signed by Judge Christopher R. Cooper on 3/12/2024. (lccrc3) (Entered: 03/12/2024)
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