Skip to content

Case Detail

[Subscribe to updates]
Case TitleAMERICAN OVERSIGHT v. U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2018cv00793
Date Filed2018-04-09
Date ClosedOpen
JudgeJudge Colleen Kollar-Kotelly
PlaintiffAMERICAN OVERSIGHT
Case DescriptionAmerican Oversight submitted three FOIA requests to the Department of Housing and Urban Development for records concerning communications between agency staff and commentator Armstrong Williams and associates, and communications between agency staff and Sinclair Broadcast Group. The agency acknowledged receipt of the requests and told American Oversight that it would be unable to respond within 20 days. After hearing nothing further from the agency, American Oversight filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Vaughn index, Litigation - Attorney's fees

DefendantU.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
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

2018-04-091COMPLAINT against U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT ( Filing fee $ 400 receipt number 0090-5410435) filed by AMERICAN OVERSIGHT. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons, # 4 Summons)(France, Elizabeth) (Entered: 04/09/2018)
2018-04-092LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by AMERICAN OVERSIGHT (France, Elizabeth) (Entered: 04/09/2018)
2018-04-09Case Assigned to Judge Colleen Kollar-Kotelly. (jd) (Entered: 04/09/2018)
2018-04-093SUMMONS (3) Issued Electronically as to U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, U.S. Attorney and U.S. Attorney General. (Attachment: # 1 Notice and Consent)(jd) (Entered: 04/09/2018)
2018-04-164ORDER ESTABLISHING PROCEDURES FOR CASES ASSIGNED TO JUDGE COLLEEN KOLLAR-KOTELLY. Signed by Judge Colleen Kollar-Kotelly on 04/16/18. (DM) (Entered: 04/16/2018)
2018-04-175RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 4/16/2018. ( Answer due for ALL FEDERAL DEFENDANTS by 5/16/2018.), RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 4/16/2018., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT served on 4/13/2018 (Attachments: # 1 Exhibit A)(France, Elizabeth) (Entered: 04/17/2018)
2018-05-166NOTICE of Appearance by Joshua M. Kolsky on behalf of U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (Kolsky, Joshua) (Entered: 05/16/2018)
2018-05-167ANSWER to Complaint by U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT.(Kolsky, Joshua) (Entered: 05/16/2018)
2018-05-168ORDER. The parties shall file a Joint Status Report by no later than JUNE 6, 2018. Signed by Judge Colleen Kollar-Kotelly on 5/16/2018. (lcckk3) (Entered: 05/16/2018)
2018-05-16Set/Reset Deadlines: Joint Status Report due by 6/6/2018. (dot) (Entered: 05/17/2018)
2018-06-059NOTICE of Appearance by Daniel Alexander McGrath on behalf of AMERICAN OVERSIGHT (McGrath, Daniel) (Entered: 06/05/2018)
2018-06-0610Joint STATUS REPORT by AMERICAN OVERSIGHT. (McGrath, Daniel) (Entered: 06/06/2018)
2018-06-06MINUTE ORDER. The Court is in receipt of the parties' 10 Joint Status Report. The parties represent that Defendant has initiated the process for searching for records responsive to Plaintiff's FOIA requests, but has not yet produced any records. The parties further represent that they will meet and confer after certain scheduled searches are run later this month. The parties are ORDERED to file a further Joint Status Report by no later than JULY 6, 2018, updating the Court on the status of Defendant's processing of Plaintiff's FOIA requests. Signed by Judge Colleen Kollar-Kotelly on 6/6/2018. (lcckk3) (Entered: 06/06/2018)
2018-06-06Set/Reset Deadlines: Joint Status Report due by 7/6/2018. (kt) (Entered: 06/06/2018)
2018-07-0611ENTERED IN ERROR.....Joint STATUS REPORT by AMERICAN OVERSIGHT. (McGrath, Daniel) Modified on 7/9/2018 (zjf). (Entered: 07/06/2018)
2018-07-0612Joint STATUS REPORT corrected by AMERICAN OVERSIGHT. (McGrath, Daniel) (Entered: 07/06/2018)
2018-07-09NOTICE OF CORRECTED DOCKET ENTRY: Document No. re 11 Status Report was entered in error and refiled by counsel. (See Docket Entry 12 to view document)(jf) (Entered: 07/09/2018)
2018-07-09MINUTE ORDER. The Court is in receipt of the parties' 12 Joint Status Report. The parties represent that Defendant has largely completed its search for certain records, and has scheduled other searches for later this month. The parties also represent that Defendant will provide an interim response to Plaintiff this week. The parties are meeting and conferring about ways to potentially narrow the scope of Defendant's searches. The parties are ORDERED to file a further Joint Status Report by no later than AUGUST 3, 2018, updating the Court on the status of Defendant's processing of Plaintiff's FOIA requests. Signed by Judge Colleen Kollar-Kotelly on 7/9/2018. (lcckk3) (Entered: 07/09/2018)
2018-07-09Set/Reset Deadlines: Joint Status Report due by 8/3/2018. (kt) (Entered: 07/09/2018)
2018-08-0313Joint STATUS REPORT by AMERICAN OVERSIGHT. (McGrath, Daniel) (Entered: 08/03/2018)
2018-08-07MINUTE ORDER. The Court is in receipt of the parties' 13 Joint Status Report. The parties represent that Defendant has largely completed its search for some records, and has scheduled other searches for next month. The parties are meeting and conferring about ways to potentially narrow the scope of Defendant's searches and about production schedules. The parties are ORDERED to file a further Joint Status Report by no later than SEPTEMBER 7, 2018, updating the Court on the status of Defendant's processing of Plaintiff's FOIA requests. Signed by Judge Colleen Kollar-Kotelly on 8/7/2018. (lcckk3) (Entered: 08/07/2018)
2018-08-07Set/Reset Deadlines: Joint Status Report due by 9/7/2018, updating the Court on the status of Defendant's processing of Plaintiff's FOIA requests. (dot) (Entered: 08/07/2018)
2018-09-0714Joint STATUS REPORT by U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. (Kolsky, Joshua) (Entered: 09/07/2018)
2018-09-07MINUTE ORDER. The Court is in receipt of the parties' 14 Joint Status Report. The parties represent that Defendant has largely completed its search for some records and is continuing its search for other records. The parties have agreed to narrow the number of records potentially responsive to Plaintiff's broader search, and Plaintiff agrees to continue considering ways to further narrow the number of records. The parties have also agreed to a monthly production schedule of 300 records per month, with the first production occurring by September 21, 2018. The parties are ORDERED to file a further Joint Status Report by no later than OCTOBER 9, 2018, updating the Court on the status of Defendant's processing of Plaintiff's FOIA requests. The parties are further ORDERED to file additional Joint Status Reports every 30 days thereafter. The parties are also free to file Joint Status Reports between the filing deadlines if issues arise that require the Court's attention. Signed by Judge Colleen Kollar-Kotelly on 9/07/2018. (lcckk3) (Entered: 09/07/2018)
2018-09-07Set/Reset Deadlines: Joint Status Report due by 10/9/2018, updating the Court on the status of Defendant's processing of Plaintiff's FOIA requests. (dot) (Entered: 09/11/2018)
2018-10-0915Joint STATUS REPORT by U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. (Kolsky, Joshua) (Entered: 10/09/2018)
2018-11-0816Joint STATUS REPORT by AMERICAN OVERSIGHT. (McGrath, Daniel) (Entered: 11/08/2018)
2018-12-1017Joint STATUS REPORT by AMERICAN OVERSIGHT. (McGrath, Daniel) (Entered: 12/10/2018)
2018-12-1918NOTICE OF SUBSTITUTION OF COUNSEL by Paul Cirino on behalf of U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT Substituting for attorney Joshua M. Kolsky (Cirino, Paul) (Entered: 12/19/2018)
2019-01-0819Unopposed MOTION to Stay in Light of Lapse in Appropriations by U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (Cirino, Paul) (Entered: 01/08/2019)
2019-01-09MINUTE ORDER. The Court is in receipt of Defendant's 19 Unopposed Motion to Stay Proceedings in Light of Lapse in Appropriations. The parties' Joint Status Report is due on January 9, 2019. As of December 21, 2018, the appropriations act that had been funding the Department of Justice expired and appropriations to the Department lapsed. Absent an appropriation, the Department is prohibited from working except in circumstances which do not apply to this case. Defendant requests a stay until after appropriations have been restored and an extension of the deadline for the submission of the Joint Status Report commensurate with the duration of the lapse in appropriations. Defendant reports that Plaintiff takes no position with respect to tolling deadlines but opposes a general stay. As Defendant cannot work on this case during the lapse in appropriations, the Court GRANTS Defendant's motion and ORDERS the case STAYED. Defendant is ORDERED to file a Status Report within five days of the restoration of appropriations notifying the Court and the Plaintiff and requesting an appropriate deadline for submitting the Joint Status Report.Signed by Judge Colleen Kollar-Kotelly on 1-9-2019. (lcckk3) (Entered: 01/09/2019)
2019-01-2920NOTICE of Restored Government Funding and Proposed Schedule by U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (Cirino, Paul) (Entered: 01/29/2019)
2019-01-31MINUTE ORDER. On January 9, 2019, the Court stayed this case due to a lapse in appropriations. As appropriations have now been restored, the Court ORDERS that the stay be lifted. The parties are ORDERED to file a Joint Status Report by no later than FEBRUARY 11, 2019, updating the Court on the status of Defendant's processing of Plaintiff's FOIA requests. The parties are further ORDERED to file additional Joint Status Reports every 30 days thereafter. The parties are also free to file Joint Status Reports between the filing deadlines if issues arise that require the Court's attention. Signed by Judge Colleen Kollar-Kotelly on 1/31/2019. (lcckk3) (Entered: 01/31/2019)
2019-01-31Set/Reset Deadlines: Status Report due by 2/11/2019, updating the Court on the status of Defendant's processing of Plaintiff's FOIA requests. (dot) (Entered: 02/01/2019)
2019-02-1121Joint STATUS REPORT by U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. (Cirino, Paul) (Entered: 02/11/2019)
2019-03-1322Joint STATUS REPORT by U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. (Cirino, Paul) (Entered: 03/13/2019)
2019-04-1723Joint STATUS REPORT by U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. (Cirino, Paul) (Entered: 04/17/2019)
2019-05-1724Joint STATUS REPORT by U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. (Cirino, Paul) (Entered: 05/17/2019)
2019-06-2425Joint STATUS REPORT by U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. (Cirino, Paul) (Entered: 06/24/2019)
2019-08-0926Joint STATUS REPORT by U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. (Cirino, Paul) (Entered: 08/09/2019)
2019-09-0927Joint STATUS REPORT by U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. (Cirino, Paul) (Entered: 09/09/2019)
2019-10-0928Joint STATUS REPORT by U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. (Cirino, Paul) (Entered: 10/09/2019)
Hide Docket Events
by FOIA Project Staff
Skip to toolbar