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Case TitleKRUSHELNYCKY v. FEDERAL COMMUNICATIONS COMMISSION
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2018cv00558
Date Filed2018-03-12
Date Closed2019-06-27
JudgeJudge Emmet G. Sullivan
PlaintiffASKOLD KRUSHELNYCKY
Case DescriptionAskold Krushelnycky submitted two FOIA requests to the Federal Communications Commission. The first FOIA request asked for records concerning a consent order and decree between the agency and Sinclair Broadcasting. The agency provided an initial response of 54 records and told Krushelnycky that is was reviewing an additional 70 responsive records, but the agency only disclosed 10 more records with redactions. The second FOIA request was for copies of FOIA requests since January 2016 for records concerning Tribune Media Company and/or Sinclair. The agency acknowledged receipt of that request and told Krushelnycky that it would need more time to process the request because of the volume of records involved. After hearing nothing further from the agency, Krushelnycky filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantFEDERAL COMMUNICATIONS COMMISSION
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2018-03-121COMPLAINT against FEDERAL COMMUNICATIONS COMMISSION ( Filing fee $ 400 receipt number 0090-5368782) filed by ASKOLD KRUSHELNYCKY (Attachments: # 1 Civil Cover Sheet Civil Cover Sheet, # 2 Summons FCC, # 3 Summons Attorney General, # 4 Summons U.S. Attorney)(Belendiuk, Arthur) (Attachment 1 replaced on 3/13/2018) (zmd). (Entered: 03/12/2018)
2018-03-12Case Assigned to Judge Emmet G. Sullivan. (zmd) (Entered: 03/13/2018)
2018-03-132SUMMONS (3) Issued Electronically as to FEDERAL COMMUNICATIONS COMMISSION, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent) (zmd) (Entered: 03/13/2018)
2018-03-163STANDING ORDER: The parties are directed to read the attached Standing Order Governing Civil Cases Before Judge Emmet G. Sullivan in its entirety upon receipt. The parties are hereby ORDERED to comply with the directives in the attached Standing Order. Signed by Judge Emmet G. Sullivan on 03/16/18. (Attachment: # 1 Exhibit 1) (mac) (Entered: 03/16/2018)
2018-03-194NOTICE of Appearance by Johnny Hillary Walker, III on behalf of All Defendants (Walker, Johnny) (Entered: 03/19/2018)
2018-03-305RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 3/16/2018. Answer due for ALL FEDERAL DEFENDANTS by 4/15/2018. (Belendiuk, Arthur) (Entered: 03/30/2018)
2018-03-306RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. FEDERAL COMMUNICATIONS COMMISSION served on 3/16/2018, RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 3/16/2018. (See Docket Entry 5 to view document). (znmw) (Entered: 04/02/2018)
2018-04-167ANSWER to Complaint by FEDERAL COMMUNICATIONS COMMISSION.(Walker, Johnny) (Entered: 04/16/2018)
2018-06-12MINUTE ORDER. Plaintiff brings this action pursuant to the Freedom of Information Act ("FOIA"), 5 U.S.C. 552. The parties are directed to meet and confer and propose a joint scheduling order for further proceedings in this case by no later than July 12, 2018. The parties' joint proposed scheduling order shall address the following: (1) The status of plaintiff's FOIA request; (2) The anticipated number of documents responsive to plaintiff's FOIA request; (3) The anticipated date(s) for release of documents responsive to plaintiff's FOIA request; (4) Whether a motion for an Open America stay is likely in this case; (5) Whether a Vaughn index will be required in this case; (6) Whether this case would benefit from referral to a magistrate judge or the District Court Mediation Program for purposes of settlement; and (7) A proposed briefing schedule for dispositive motions, if applicable. If the parties are unable to agree on a joint recommendation, the joint proposed scheduling order shall include each party's individual recommendations. Signed by Judge Emmet G. Sullivan on 6/12/2018. (lcegs3) (Entered: 06/12/2018)
2018-06-13Set/Reset Deadlines: Joint Proposed Scheduling Order due by 7/12/2018. (mac) (Entered: 06/13/2018)
2018-07-128Joint STATUS REPORT and Proposed Schedule by FEDERAL COMMUNICATIONS COMMISSION. (Attachments: # 1 Text of Proposed Order)(Walker, Johnny) (Entered: 07/12/2018)
2018-07-16MINUTE ORDER in view of 8 parties' joint status report, the parties are ordered to file another joint status report by July 19, 2018 to update the Court on the status of Defendants response to Plaintiffs FOIA request and propose a schedule for further proceedings. Signed by Judge Emmet G. Sullivan on 7/16/2018. (lcegs3) (Entered: 07/16/2018)
2018-07-16Set/Reset Deadlines: Joint Status Report due by 7/19/2018. (mac) (Entered: 07/16/2018)
2018-07-199Joint STATUS REPORT by FEDERAL COMMUNICATIONS COMMISSION. (Attachments: # 1 Text of Proposed Order)(Walker, Johnny) (Entered: 07/19/2018)
2018-07-20MINUTE ORDER. Upon consideration of 9 the parties' joint status report, it is hereby ORDERED that the parties shall file another joint status report on or before October 17, 2018, updating the Court on the status of Defendant's response to Plaintiff's FOIA request and proposing a schedule for further proceedings. Signed by Judge Emmet G. Sullivan on 7/20/2018. (lcegs3) (Entered: 07/20/2018)
2018-07-23Set/Reset Deadlines: Joint Status Report due by 10/17/2018. (mac) (Entered: 07/23/2018)
2018-10-1710Joint STATUS REPORT by FEDERAL COMMUNICATIONS COMMISSION. (Attachments: # 1 Text of Proposed Order)(Walker, Johnny) (Entered: 10/17/2018)
2018-10-19MINUTE ORDER in view of 10 joint status report, the parties are directed to file another status report updating the Court on the status of the FCC's responses to plaintiff's request and proposing a schedule for further proceedings by no later than January 15, 2019. Signed by Judge Emmet G. Sullivan on 10/19/2018. (lcegs3) (Entered: 10/19/2018)
2018-10-19Set/Reset Deadlines: Proposed Schedule for Further Proceedings due by 1/15/2019 (mac) (Entered: 10/19/2018)
2019-01-1411STATUS REPORT by ASKOLD KRUSHELNYCKY. (Belendiuk, Arthur) (Entered: 01/14/2019)
2019-01-1512Consent MOTION to Stay , Motion for Extension of time by FEDERAL COMMUNICATIONS COMMISSION (Attachments: # 1 Text of Proposed Order)(Coles-Huff, Doris). Added MOTION for Extension of Time to on 1/16/2019 (jf). (Entered: 01/15/2019)
2019-01-1513ERRATA by FEDERAL COMMUNICATIONS COMMISSION 12 Consent MOTION to Stay , Motion for Extension of time filed by FEDERAL COMMUNICATIONS COMMISSION. (Attachments: # 1 Text of Proposed Order)(Coles-Huff, Doris) (Entered: 01/15/2019)
2019-01-17MINUTE ORDER granting 12 consent motion to stay and extension of time in light of lapse of appropriations. The deadline for submitting the joint status report due on January 15, 2019, is hereby extended until ten (10) days after appropriations are restored to the Department of Justice. Defendant is directed to notify the Court when appropriations are restored or if a continuing resolution is enacted. Signed by Judge Emmet G. Sullivan on 1/17/2019. (lcegs3) (Entered: 01/17/2019)
2019-01-2914NOTICE of Restored Funding by FEDERAL COMMUNICATIONS COMMISSION re Order on Motion to Stay,, Order on Motion for Extension of Time to, (Walker, Johnny) (Entered: 01/29/2019)
2019-02-0415Joint STATUS REPORT by FEDERAL COMMUNICATIONS COMMISSION. (Attachments: # 1 Text of Proposed Order)(Walker, Johnny) (Entered: 02/04/2019)
2019-02-04MINUTE ORDER. In view of 15 joint status report, the parties are directed to file another joint status report by no later than February 25, 2019, updating the Court on the status of Defendant's response to Plaintiff's FOIA request and proposing a schedule for further proceedings. Signed by Judge Emmet G. Sullivan on 2/4/2019. (lcegs3) (Entered: 02/04/2019)
2019-02-05Set/Reset Deadlines: Joint Status Report due by 2/25/2019. (mac) (Entered: 02/05/2019)
2019-02-2216Consent STATUS REPORT by ASKOLD KRUSHELNYCKY. (Belendiuk, Arthur) (Entered: 02/22/2019)
2019-02-25MINUTE ORDER. In view of 16 Plaintiff's Consent Status Report, the parties are directed to file another joint status report by no later than February 27, 2019, updating the Court on the status of Defendant's response to Plaintiff's FOIA request and proposing a joint schedule for further proceedings. Signed by Judge Emmet G. Sullivan on 2/25/2019. (lcegs3) (Entered: 02/25/2019)
2019-02-25Set/Reset Deadlines: Joint Status Report due by 2/27/2019. (mac) (Entered: 02/25/2019)
2019-02-2717Joint STATUS REPORT and Proposed Schedule by FEDERAL COMMUNICATIONS COMMISSION. (Attachments: # 1 Text of Proposed Order)(Walker, Johnny) (Entered: 02/27/2019)
2019-02-27MINUTE ORDER. In view of the 17 Joint Status Report and Proposed Schedule, the parties shall adhere to the following briefing schedule: (1) Defendant shall file its motion for summary judgment by no later than July 1, 2019; (2) Plaintiff shall file his opposition and cross-motion for summary judgment by no later than August 30, 2019; (3) Defendant shall file its opposition and reply by no later than September 30, 2019; and (4) Plaintiff shall file his reply by no later than October 31, 2019. Signed by Judge Emmet G. Sullivan on 2/27/2019. (lcegs3) (Entered: 02/27/2019)
2019-02-28Set/Reset Deadlines: Defendant Motion For Summary Judgment due by 7/1/2019. Plaintiff Opposition And Cross-Motion For Summary Judgment due by 8/30/2019. Defendant Opposition And Reply due by 9/30/2019. Plaintiff Reply due by 10/31/2019. (mac) (Entered: 02/28/2019)
2019-05-0118NOTICE OF SUBSTITUTION OF COUNSEL by Katherine Boyd Palmer-Ball on behalf of FEDERAL COMMUNICATIONS COMMISSION Substituting for attorney Johnny Walker (Palmer-Ball, Katherine) (Entered: 05/01/2019)
2019-06-2719STIPULATION of Dismissal by ASKOLD KRUSHELNYCKY. (Belendiuk, Arthur) (Entered: 06/27/2019)
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by FOIA Project Staff
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