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Case TitleAMERICAN OVERSIGHT v. U.S. DEPARTMENT OF TRANSPORTATION
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2018cv01272
Date Filed2018-05-31
Date ClosedOpen
JudgeJudge Colleen Kollar-Kotelly
PlaintiffAMERICAN OVERSIGHT
Case DescriptionAmerican Oversight submitted a FOIA request to the Department of Transportation for records concerning communications between Secretary Elaine Chao's office and Sen. Mitch McConnell (R-KY). The agency acknowledged receipt of the request, but after hearing nothing further from the agency, American Oversight filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantU.S. DEPARTMENT OF TRANSPORTATION
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

2018-05-311COMPLAINT against U.S. DEPARTMENT OF TRANSPORTATION ( Filing fee $ 400 receipt number 0090-5508716) filed by AMERICAN OVERSIGHT. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons, # 4 Summons)(Cafasso, Cerissa) (Entered: 05/31/2018)
2018-05-312LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by AMERICAN OVERSIGHT (Cafasso, Cerissa) (Entered: 05/31/2018)
2018-05-31Case Assigned to Judge Colleen Kollar-Kotelly. (zsth) (Entered: 05/31/2018)
2018-05-313SUMMONS (3) Issued Electronically as to U.S. DEPARTMENT OF TRANSPORTATION, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(zsth) (Entered: 05/31/2018)
2018-06-064ORDER ESTABLISHING PROCEDURES FOR CASES ASSIGNED TO JUDGE COLLEEN KOLLAR-KOTELLY. Signed by Judge Colleen Kollar-Kotelly on 06/06/2018. (DM) (Entered: 06/06/2018)
2018-06-075NOTICE of Appearance by Daniel Alexander McGrath on behalf of AMERICAN OVERSIGHT (McGrath, Daniel) (Entered: 06/07/2018)
2018-06-266RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 6/4/2018. Answer due for ALL FEDERAL DEFENDANTS by 7/4/2018. (Attachments: # 1 Exhibit Ex A)(McGrath, Daniel) (Entered: 06/26/2018)
2018-07-057ANSWER to Complaint by U.S. DEPARTMENT OF TRANSPORTATION.(Sroka, Scott) (Entered: 07/05/2018)
2018-07-168ORDER. The parties shall file the schedule not later than AUGUST 15, 2018 . Signed by Judge Colleen Kollar-Kotelly on July 16, 2018. (lcckk1 ) (Entered: 07/16/2018)
2018-07-16Set/Reset Deadlines: Joint Status Report due by 8/15/2018. (dot) (Entered: 07/17/2018)
2018-08-159Joint STATUS REPORT by U.S. DEPARTMENT OF TRANSPORTATION. (Sroka, Scott) (Entered: 08/15/2018)
2018-08-28MINUTE ORDER: The Court has received the parties' 9 Joint Status Report. The parties are in the midst of meeting and conferring regarding potentially responsive records before identifying an appropriate production schedule. The parties shall have until SEPTEMBER 18, 2018 , to file a further Joint Status Report, which shall identify the parties' progress in narrowing the scope of potentially responsive records and shall propose a production schedule. Signed by Judge Colleen Kollar-Kotelly on August 28, 2018. (lcckk1) (Entered: 08/28/2018)
2018-08-28Set/Reset Deadlines: Joint Status Report due by 9/18/2018. (dot) Modified on 9/12/2018 to correct date (dot). (Entered: 08/31/2018)
2018-09-1810Joint MOTION for Extension of Time to File Joint Status Report by U.S. DEPARTMENT OF TRANSPORTATION (Sroka, Scott) (Entered: 09/18/2018)
2018-09-18MINUTE ORDER: The Court has received the parties' 10 Joint Motion for Extension of Time to File Status Report. That Joint Status Report is otherwise due on September 18, 2018. The parties seek an extension of three days in order to identify a proposed production schedule for documents responsive to Plaintiff's FOIA request. The parties fail to acknowledge that they have not abided by the Court's standing order, ECF No. 4 , which indicates that "[m]otions for extensions of time must be filed at least four (4) business days prior to the first affected deadline." However, in light of the parties' joint request, the Court shall GRANT their 10 Joint Motion, for good cause shown. The parties shall have until SEPTEMBER 21, 2018 , to submit their next Joint Status Report. Signed by Judge Colleen Kollar-Kotelly on September 18, 2018. (lcckk1) (Entered: 09/18/2018)
2018-09-19Set/Reset Deadlines: Joint Status Report due by 9/21/2018. (dot) (Entered: 09/20/2018)
2018-09-2111Joint STATUS REPORT by AMERICAN OVERSIGHT. (Attachments: # 1 Text of Proposed Order)(McGrath, Daniel) (Entered: 09/21/2018)
2018-10-01MINUTE ORDER: The Court has received the parties' 11 Joint Status Report, which indicates that Defendant has completed its searches and that the parties have agreed on the dates for interim and final productions. Plaintiff seeks production of certain quantities of documents by the respective dates. However, Plaintiff has not persuaded the Court that an order requiring production of these specified quantities is justified. Defendant shall make an interim production of responsive, non-exempt records to Plaintiff by NOVEMBER 1, 2018 . Defendant shall complete its production of all responsive, non-exempt records by DECEMBER 21, 2018 . Plaintiff requests that the parties file a further Joint Status Report no later than November 5, 2018. However, Plaintiff does not explain why such an interim report would be necessary. Accordingly, the parties shall file their next Joint Status Report by JANUARY 2, 2019 , identifying the results of Defendant's productions and proposing a schedule for further proceedings. Signed by Judge Colleen Kollar-Kotelly on October 1, 2018. (lcckk1) (Entered: 10/01/2018)
2018-10-01Set/Reset Deadlines: Defendant shall make an interim production of responsive, non-exempt records to Plaintiff by 11/1/2018; Defendant shall complete its production of all responsive, non-exempt records by 12/21/2018; Joint Status Report due by 1/2/2019. (kt) (Entered: 10/01/2018)
2018-10-1512NOTICE of Appearance by Bradley P. Humphreys on behalf of U.S. DEPARTMENT OF TRANSPORTATION (Humphreys, Bradley) (Entered: 10/15/2018)
2018-10-1513NOTICE OF WITHDRAWAL OF APPEARANCE as to U.S. DEPARTMENT OF TRANSPORTATION. Attorney Scott Leeson Sroka terminated. (Sroka, Scott) (Entered: 10/15/2018)
2018-12-2614MOTION to Stay re Order,,,, of Joint Status Report Deadline by U.S. DEPARTMENT OF TRANSPORTATION (Attachments: # 1 Text of Proposed Order)(Humphreys, Bradley) (Entered: 12/26/2018)
2018-12-27MINUTE ORDER: The Court has received Defendant U.S. Department of Transportation's 14 Motion for Stay of the Deadline for Filing Joint Status Report in Light of Lapse of Appropriations. Defendant indicates that Plaintiff takes no position on a tolling of deadlines commensurate with a short lapse in appropriations to the U.S. Department of Justice, but opposes a longer stay into late January 2019. At this time, it is not possible to determine how long the lapse of appropriations will last. Accordingly, in an exercise of the Court's discretion, the Court shall GRANT Defendant's 14 Motion. The Court shall STAY the deadline for the Joint Status Report otherwise due by January 2, 2019. The deadline is tolled commensurate with the length of the lapse of appropriations to the U.S. Department of Justice. The parties shall file a notice within two business days of the restoration of the U.S. Department of Justice's funding and the resumption of its operations. Signed by Judge Colleen Kollar-Kotelly on December 27, 2018. (lcckk1) (Entered: 12/27/2018)
2019-01-2815NOTICE (Joint) of Restoration of Appropriations by U.S. DEPARTMENT OF TRANSPORTATION (Humphreys, Bradley) (Entered: 01/28/2019)
2019-01-29MINUTE ORDER: The Court has received the parties' 15 Joint Notice to the Court of Restoration of Appropriations. Accordingly, the Court hereby LIFTS the stay in this matter, and recognizes the revised deadline for the parties' next Joint Status Report as FEBRUARY 6, 2019 . Signed by Judge Colleen Kollar-Kotelly on January 29, 2019. (lcckk1) (Entered: 01/29/2019)
2019-02-0616Joint STATUS REPORT by AMERICAN OVERSIGHT. (McGrath, Daniel) (Entered: 02/06/2019)
2019-02-06MINUTE ORDER: The Court has received the parties' 16 Joint Status Report, which indicates that Defendant has completed its production and will provide a draft Vaughn index to facilitate the parties' further discussions. Accordingly, the Court shall adopt the parties' proposal that they submit a further Joint Status Report by MARCH 22, 2019 , regarding the status of the case and their proposal for any further proceedings. Signed by Judge Colleen Kollar-Kotelly on February 6, 2019. (lcckk1) (Entered: 02/06/2019)
2019-02-06Set/Reset Deadlines: Joint Status Report due by 3/22/2019, regarding the status of the case and their proposal for any further proceedings. (dot) (Entered: 02/07/2019)
2019-03-2217Joint STATUS REPORT by AMERICAN OVERSIGHT. (McGrath, Daniel) (Entered: 03/22/2019)
2019-04-01MINUTE ORDER: The Court has received the parties' 17 Joint Status Report. Although the parties do not comment on the draft Vaughn index that was forthcoming as of their last 16 Joint Status Report, they indicate that they want to confer in an effort to narrow remaining issues. Accordingly, the Court shall adopt the parties' proposal that they submit a further Joint Status Report by APRIL 25, 2019 , regarding the status of this case and their proposal for any additional proceedings. The parties shall file a further Joint Status Report no later than every thirty days thereafter, unless and until the Court orders otherwise. Signed by Judge Colleen Kollar-Kotelly on April 1, 2019. (lcckk1) (Entered: 04/01/2019)
2019-04-01Set/Reset Deadlines: Joint Status Report due by 4/25/2019, regarding the status of this case and their proposal for any additional proceedings. (dot) (Entered: 04/02/2019)
2019-04-2518Joint STATUS REPORT by AMERICAN OVERSIGHT. (McGrath, Daniel) (Entered: 04/25/2019)
2019-05-0819Joint STATUS REPORT by AMERICAN OVERSIGHT. (McGrath, Daniel) (Entered: 05/08/2019)
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