Case Detail

FOIA Project Annotation: Judge Tanya Chutkan has ruled that the Department of Justice failed to conduct an adequate search for records concerning the request from Commerce Secretary Wilbur Ross to include a citizenship question on the 2020 census form and has both accepted and rejected Exemption 5 (privileges) claims made by various DOJ components in responding to requests from the Campaign Legal Center. After media reports indicated that Ross had asked then Attorney General Jeff Sessions to provide a legal justification for including the citizenship question on the 2020 census. CLC submitted a request to the Civil Rights Division (CRT), the Justice Management Division (JMD), and the Office of the Attorney General (OAG) for records concerning Ross' request for the citizenship question. The CRT referred the request to its Voting Section and searched the Office of the Assistant Attorney General (OAAG) as well. OAAG indicated that John Gore, a deputy assistant attorney general, who had worked on the citizenship question issue, was the only person likely to have responsive records. His email account was searched using the term "census." The CRT disclosed 69 pages in full or in part and withheld 42 pages in full under Exemption 5 and Exemption 6 (invasion of privacy). The CRT subsequently released an additional 114 pages that had been inadvertently overlooked. It also processed 16 pages referred by the Office of Information Policy (OIP), releasing 12 pages in full and withholding two pages under Exemption 5. OIP processed the request for the OAG. CLC agreed to limit the number of search terms. OIP located 219 pages of responsive records and processed an additional 70 pages referred by JMD. Of those 289 pages, OIP withheld 91 pages in full and 21 in part under Exemption 5. JMD disclosed 116 pages with redactions and withheld five draft letters attached to responsive emails. CLC challenged the agencies' searches as well as its exemption claims. Chutkan agreed with CLC that the search conducted by the CRT was insufficient since it was limited to the term "census." Chutkan pointed out that "this court is mindful that an agency has discretion in how it conducts a FOIA search, and that 'in general, a FOIA petitioner cannot dictate the terms for his or her FOIA request.' But an agency's discretion 'is not boundless; the search terms selected must pass muster under a standard of reasonableness.' DOJ's use of a single search term for all the digital records does not pass muster under that standard. It is likely that responsive digital documents exist which do not have the word 'census' in them." Chutkan also rejected CRT's Exemption 5 claims. CRT withheld 23 pages of email correspondence dealing with notifying Congress of DOJ's request for a census citizenship question under the presidential communication privilege. Chutkan, however, pointed out that "DOJ does not assert, for example, that the President was involved in the communications or that the President viewed any of the documents related to the communications or that the communications related to advice to be given to the President." She observed that "absent these assertions, the privilege does not apply." CRT withheld a draft letter and emails pertaining to the draft letter. Chutkan indicated that the agency had failed to show that the letters were pre-decisional. She noted that "the letter at issue did not involve discretion about an agency position or about the primary reasons for the agency position. The agency's position and the reasons for the letter had already been decided." She added that "the draft was not provided to supervisors to help them make a decision. The decision had already been made and the supervisors were reviewing Gore's implementation of it." Chutkan agreed with other district court judges in the D.C. Circuit that press inquiries qualified for the deliberative process privilege if they were both pre-decisional and deliberative. Here, she noted that "the documents are pre-decisional because they were created before the agency responded to a press inquiry, and they are deliberative because they are 'part of the agency give-and-take of the deliberative process by which the decision itself is made.'"
Issues: Adequacy - Search

Date Filed	Doc #	Docket Text
2018-07-30	1	COMPLAINT against UNITED STATES DEPARTMENT OF JUSTICE ( Filing fee $ 400 receipt number 0090-5611117) filed by CAMPAIGN LEGAL CENTER. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Summons, # 8 Civil Cover Sheet with Notice of Related Case)(Miller, Adam) (Entered: 07/30/2018)
2018-07-30	2	LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by CAMPAIGN LEGAL CENTER (Miller, Adam) (Entered: 07/30/2018)
2018-07-30	3	NOTICE OF RELATED CASE by CAMPAIGN LEGAL CENTER. Case related to Case No. 18-1187. (sth) (Entered: 07/31/2018)
2018-07-30		Case Assigned to Judge Tanya S. Chutkan. (zsth) (Entered: 07/31/2018)
2018-07-31	4	SUMMONS (3) Issued Electronically as to UNITED STATES DEPARTMENT OF JUSTICE, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(zsth) (Entered: 07/31/2018)
2018-08-07	5	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 8/1/2018. Answer due for ALL FEDERAL DEFENDANTS by 8/31/2018. (Miller, Adam) (Entered: 08/07/2018)
2018-08-07	6	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 08/01/2018. (Miller, Adam) (Entered: 08/07/2018)
2018-08-07	7	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES DEPARTMENT OF JUSTICE served on 8/1/2018 (Miller, Adam) (Entered: 08/07/2018)
2018-08-30	8	NOTICE of Appearance by Joshua M. Kolsky on behalf of UNITED STATES DEPARTMENT OF JUSTICE (Kolsky, Joshua) (Entered: 08/30/2018)
2018-08-30	9	ANSWER to Complaint by UNITED STATES DEPARTMENT OF JUSTICE.(Kolsky, Joshua) (Entered: 08/30/2018)
2018-08-31		MINUTE ORDER: Before the Court in this FOIA case are a complaint and an answer. The requirements of LCvR 16.3 and Rule 26(f) of the Federal Rules of Civil procedure appear to be inapplicable. IT IS HEREBY ORDERED that the parties shall meet and confer and propose a schedule for proceeding in this matter. The schedule shall address the status of Plaintiff's FOIA request, the anticipated number of documents responsive to Plaintiff's FOIA request, the anticipated date(s) for release of the documents requested by Plaintiff, whether a motion for an Open America stay is likely in this case, whether a Vaughn index will be required in this case, whether and when either party anticipates filing a dispositive motion, and any other pertinent issues. The parties shall file a joint status report that addresses these issues and that contains a proposed schedule and proposed order no later than 9/28/18. Signed by Judge Tanya S. Chutkan on 8/31/8. (DJS) (Entered: 08/31/2018)
2018-08-31		Set/Reset Deadlines: Joint Status Report due by 9/28/2018. (tb) (Entered: 08/31/2018)
2018-09-04	10	NOTICE of Appearance by Danielle M. Lang on behalf of CAMPAIGN LEGAL CENTER (Lang, Danielle) (Entered: 09/04/2018)
2018-09-05		Set/Reset Deadlines: Joint Status Report due by 9/28/2018. (tb) (Entered: 09/05/2018)
2018-09-28	11	Joint STATUS REPORT by CAMPAIGN LEGAL CENTER. (Attachments: # 1 Exhibit Exhibit A - Declaration of Joseph F. Klimavicz, # 2 Exhibit Exhibit B - CLC Proposed Order, # 3 Exhibit Exhibit C - DOJ Proposed Order)(Miller, Adam) (Entered: 09/28/2018)
2018-10-24		MINUTE ORDER: A Status Conference is hereby set for 10/31/18 at 10:30 am in Courtroom 9. Signed by Judge Tanya S. Chutkan on 10/24/18. (DJS) (Entered: 10/24/2018)
2018-10-25		Set/Reset Hearings: Status Conference set for 10/31/2018 at 10:30 AM in Courtroom 9 before Judge Tanya S. Chutkan. (tb) (Entered: 10/25/2018)
2018-10-26	12	NOTICE of Appearance by Nadav Ariel on behalf of CAMPAIGN LEGAL CENTER (Ariel, Nadav) (Entered: 10/26/2018)
2018-10-31		Minute Entry for proceedings held before Judge Tanya S. Chutkan: Status Conference held on 10/31/2018. The Court directed the parties to submit a Joint Status Report on or before December 17, 2018. (Order forthcoming.) (Court Reporter Bryan Wayne.) (tg) Modified to add deadline on 10/31/2018 (tg). (Entered: 10/31/2018)
2018-10-31		Set/Reset Deadlines: Joint Status Report due by 12/17/2018. (tg) (Entered: 10/31/2018)
2018-10-31		MINUTE ORDER: Having considered the parties' Joint Status Report 11 and the updates provided at the October 31, 2018 Status Conference, the parties are ordered to adhere to the following deadlines. With respect to the FOIA requests made to the Justice Management Division, the 170 pages that were referred to the Office of Information Policy, the 40 pages that were referred to the Department of Commerce, and 5 pages that were referred to the Census Bureau shall be processed and produced on or before December 12, 2018. Further, the status report, due on or before December 17, 2018, shall include, but not necessarily be limited to, the following: (1) an update on the production due on or before December 12, 2018; (2) an update on whether the searches that are scheduled to be rerun in the next three months are duplicative of Plaintiff's requests; (3) an update on whether the fact that the instant request was granted expedited processing should result in it advancing in the queue; (4) a production schedule for the documents that are responsive to the requests made to the Office of the Attorney General; and (5) a proposed status conference date. In addition, the parties are directed to file, three days before the next status conference, a proposed summary judgment briefing schedule. Signed by Judge Tanya S. Chutkan on 10/31/2018. (lctsc1) (Entered: 10/31/2018)
2018-12-17	13	Consent MOTION for Extension of Time to File Joint Status Report by UNITED STATES DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Kolsky, Joshua) (Entered: 12/17/2018)
2018-12-17		MINUTE ORDER: Granting 13 Motion for Extension of Time to File to File Joint Status Report. Joint Status and proposed order due 1/5/19. Signed by Judge Tanya S. Chutkan on 12/17/18. (DJS) (Entered: 12/17/2018)
2018-12-19		Set/Reset Deadlines: Joint Status Report due by 1/5/2019. (tb) (Entered: 12/19/2018)
2018-12-21	14	ENTERED IN ERROR. . . . .NOTICE OF SUBSTITUTION OF COUNSEL by Paul Cirino on behalf of UNITED STATES DEPARTMENT OF JUSTICE Substituting for attorney Joshua M. Kolsky (Cirino, Paul) Modified on 1/4/2019 (ztd). (Entered: 12/21/2018)
2019-01-04		NOTICE OF ERROR re 14 Substitution of Counsel; emailed to paul.cirino@usdoj.gov, cc'd 9 associated attorneys -- The PDF file you docketed contained errors: 1. Incorrect header/caption/case number, 2. Please refile document, 3. Document has the incorrect case number (ztd, ) (Entered: 01/04/2019)
2019-01-07	15	MOTION to Stay in Light of Lapse in Appropriations by UNITED STATES DEPARTMENT OF JUSTICE (Cirino, Paul) (Entered: 01/07/2019)
2019-01-07	16	RESPONSE re 15 MOTION to Stay in Light of Lapse in Appropriations filed by CAMPAIGN LEGAL CENTER. (Ariel, Nadav) (Entered: 01/07/2019)
2019-01-24	17	NOTICE of Change of Law Firm Name by CAMPAIGN LEGAL CENTER (Ariel, Nadav) (Entered: 01/24/2019)
2019-01-28	18	NOTICE OF SUBSTITUTION OF COUNSEL by Paul Cirino on behalf of UNITED STATES DEPARTMENT OF JUSTICE Substituting for attorney Joshua Kolsky (Cirino, Paul) (Entered: 01/28/2019)
2019-02-15	19	Joint STATUS REPORT by UNITED STATES DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order (Plaintiff's Proposal), # 2 Text of Proposed Order (Defendant's Proposal))(Cirino, Paul) (Entered: 02/15/2019)
2019-02-19		MINUTE ORDER: Having considered the parties' February 15, 2019 Joint Status Report 19 , the parties are ordered to adhere to the following deadlines. With respect to Plaintiff's request for records of the Office of the Attorney General, Defendant shall complete its production of non-exempt responsive records by March 29, 2019. And on or before April 5, 2019, the parties shall file a status report, which includes a proposed summary judgment briefing schedule. A status conference is set for April 11, 2019 at 11:00 a.m., in Courtroom 9. Further, the motion 15 to stay is TERMINATED as moot. Signed by Judge Tanya S. Chutkan on 2/19/2019. (lctsc1) (Entered: 02/19/2019)
2019-02-21		Set/Reset Deadlines/Hearings: Status Report due by 4/5/2019. Status Conference set for 4/11/2019 at 11:00 AM in Courtroom 9 before Judge Tanya S. Chutkan. (tb) (Entered: 02/21/2019)
2019-04-05	20	Joint STATUS REPORT by UNITED STATES DEPARTMENT OF JUSTICE. (Cirino, Paul) (Entered: 04/05/2019)
2019-04-11		Minute Entry: Status Conference held on 4/11/2019 before Judge Tanya S. Chutkan: Cross Motion due by 5/22/2019. Response to Cross Motion due by 6/5/2019. Reply to Cross by 6/12/2019. Summary Judgment motion due by 5/8/2019. Response to Motion for Summary Judgment due by 5/22/2019. Reply to Motion for Summary Judgment due by 6/5/2019. (Court Reporter Scott Wallace) (tb) (Entered: 04/12/2019)
2019-04-17		MINUTE ORDER: Defendant's Motion for summary judgment due by 5/8/2019. Plaintiff's combined response/cross-motion for summary judgment due by 5/22/2019. Defendant's combined reply/response due 6/5/2019. Plaintiff's reply due by 6/12/2019. Signed by Judge Tanya S. Chutkan on 4/17/19. (DJS) Modified on 4/18/2019 (tb). (Entered: 04/17/2019)
2019-04-30	21	NOTICE of Change of Address by Nadav Ariel (Ariel, Nadav) (Entered: 04/30/2019)
2019-05-08	22	MOTION for Summary Judgment by UNITED STATES DEPARTMENT OF JUSTICE (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Declaration of Michael H. Allen (with JMD Vaughn Index), # 4 Declaration of Vanessa R. Brinkmann (with Exhibits and OIP Vaughn Index), # 5 Declaration of Tink Cooper, # 6 Exhibits A-G to Cooper Declaration, # 7 Exhibits H-L to Cooper Declaration, # 8 Civil Rights Division Vaughn Index, # 9 Text of Proposed Order)(Cirino, Paul) (Entered: 05/08/2019)
2019-05-22	23	RESPONSE re 22 MOTION for Summary Judgment filed by CAMPAIGN LEGAL CENTER. (Attachments: # 1 Declaration of Nadav Ariel, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Exhibit 9, # 11 Exhibit 10, # 12 Exhibit 11, # 13 Exhibit 12, # 14 Exhibit 13, # 15 Exhibit 14, # 16 Exhibit 15, # 17 Exhibit 16, # 18 Text of Proposed Order)(Ariel, Nadav) (Entered: 05/22/2019)
2019-05-22	24	Cross MOTION for Summary Judgment by CAMPAIGN LEGAL CENTER (Attachments: # 1 Declaration of Nadav Ariel, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Exhibit 9, # 11 Exhibit 10, # 12 Exhibit 11, # 13 Exhibit 12, # 14 Exhibit 13, # 15 Exhibit 14, # 16 Exhibit 15, # 17 Exhibit 17, # 18 Text of Proposed Order)(Ariel, Nadav) (Entered: 05/22/2019)
2019-06-05	25	REPLY to opposition to motion re 22 MOTION for Summary Judgment filed by UNITED STATES DEPARTMENT OF JUSTICE. (Attachments: # 1 Declaration (Second) of Vanessa R. Brinkmann, # 2 Declaration (Supplemental) of Tink Cooper, # 3 Response to Plaintiff's Statement of Undisputed Facts)(Cirino, Paul) (Entered: 06/05/2019)
2019-06-05	26	Memorandum in opposition to re 24 Cross MOTION for Summary Judgment filed by UNITED STATES DEPARTMENT OF JUSTICE. (Attachments: # 1 Declaration (Second) of Vanessa R. Brinkmann, # 2 Declaration (Supplemental) of Tink Cooper, # 3 Response to Plaintiff's Statement of Undisputed Facts, # 4 Text of Proposed Order)(Cirino, Paul) (Entered: 06/05/2019)
2019-06-12	27	REPLY to opposition to motion re 24 Cross MOTION for Summary Judgment filed by CAMPAIGN LEGAL CENTER. (Attachments: # 1 Declaration Declaration of N. Ariel, # 2 Exhibit Exhibit A, # 3 Exhibit Exhibit B)(Ariel, Nadav) (Entered: 06/12/2019)
2019-08-06	28	NOTICE OF SUPPLEMENTAL AUTHORITY by CAMPAIGN LEGAL CENTER (Ariel, Nadav) (Entered: 08/06/2019)
2020-06-01	29	MEMORANDUM OPINION regarding Defendant's 22 Motion for Summary Judgment and Plaintiff's 24 Motion for Summary Judgment. Signed by Judge Tanya S. Chutkan on 6/1/2020. (lcdl) (Entered: 06/01/2020)
2020-06-01	30	ORDER granting in part and denying in part Defendant's 22 Motion for Summary Judgment and granting in part and denying in part Plaintiff's 24 Motion for Summary Judgment. The parties shall meet and confer and file a JOINT proposal for moving forward with this case no later than July 1, 2020. See order for details. Signed by Judge Tanya S. Chutkan on 6/1/2020. (lcdl) (Entered: 06/01/2020)
2020-06-02		Set/Reset Deadlines: Joint Proposal due by 7/1/2020. (tb) (Entered: 06/02/2020)
2020-06-05		MINUTE ORDER: The parties' 7/1/2020 joint report shall be accompanied by a proposed order. Signed by Judge Tanya S. Chutkan on 6/5/2020. (DJS) (Entered: 06/05/2020)
2020-07-01	31	Joint STATUS REPORT by UNITED STATES DEPARTMENT OF JUSTICE. (Attachments: # 1 Exhibit A - Defendant's Proposed Order, # 2 Exhibit B - Plaintiff's Proposed Order)(Cirino, Paul) (Entered: 07/01/2020)
2020-07-07		MINUTE ORDER: Having considered the parties' Joint Status Report, it is hereby ORDERED that (1) Defendant shall conduct the Civil Rights Division's supplemental search in accordance with this court's pervious orders on or before August 14, 2020, and confer with Plaintiff no later than August 31, 2020 regarding a proposed review and production schedule; (2) Absent an appeal by Defendant, Defendant shall produce the drafts and emails related to the Gary Letter by August 31, 2020; (3) Absent an appeal by Defendant, Defendant shall produce responsive DOJ-White House communications not covered by the deliberative process privilege by August 31, 2020; and that (4) the parties shall submit a further Joint Status Report, including a proposed order, on September 1, 2020, apprising the Court of the status of the progress on the items ordered by the court on June 1, 2020, and proposing further proceedings as appropriate. Signed by Judge Tanya S. Chutkan on 7/7/2020. (lcdl) (Entered: 07/07/2020)
2020-07-08		Set/Reset Deadlines: Joint Status Report due by 9/1/2020. (tb) (Entered: 07/08/2020)
2020-07-31	32	NOTICE OF APPEAL TO DC CIRCUIT COURT as to 29 Memorandum & Opinion, 30 Order on Motion for Summary Judgment,,, by UNITED STATES DEPARTMENT OF JUSTICE. Fee Status: No Fee Paid. Parties have been notified. (Cirino, Paul) (Entered: 07/31/2020)
2020-07-31	33	ENTERED IN ERROR. . . . .Transmission of the Notice of Appeal, Order Appealed (Memorandum Opinion), and Docket Sheet to US Court of Appeals. The Court of Appeals docketing fee was not paid because the appeal was filed by the government re 32 Notice of Appeal to DC Circuit Court. (ztd) (Main Document 33 replaced on 7/31/2020) (ztd). Modified on 8/4/2020 (ztd). (Entered: 07/31/2020)
2020-07-31		USCA Case Number 20-5233 for 32 Notice of Appeal to DC Circuit Court filed by UNITED STATES DEPARTMENT OF JUSTICE. (zrdj) (Entered: 08/04/2020)
2020-08-04	34	Transmission of the Notice of Appeal, Order Appealed (Memorandum Opinion), and Docket Sheet to US Court of Appeals. The Court of Appeals docketing fee was not paid because the appeal was filed by the government re 32 Notice of Appeal to DC Circuit Court. (ztd) (Entered: 08/04/2020)
2020-09-01	35	Joint STATUS REPORT by UNITED STATES DEPARTMENT OF JUSTICE. (Attachments: # 1 Exhibit A - Defendant's Proposed Order, # 2 Exhibit B - Plaintiff's Proposed Order)(Cirino, Paul) (Entered: 09/01/2020)
2020-09-28		SCHEDULING MINUTE ORDER: A telephone status conference is hereby set for October 7, 2020 at 12:30 p.m. to discuss the production schedules in this case and Case No. 18-cv-1187. A courtroom deputy will contact the parties with dial-in instructions. Signed by Judge Tanya S. Chutkan on 09/28/2020. (lcfb) (Entered: 09/28/2020)
2020-10-07		SCHEDULING MINUTE ORDER: In accordance with the telephonic status conference held on October 7, 2020, it is hereby ORDERED that the parties shall adhere to the following deadlines: the government shall file a supplemental declaration by 5 p.m. on October 16, 2020 which shall address its proposed production schedule and provide a rough estimate of documents that may be excluded from review (including court filings, news clippings, emails forwarding news clippings, news links, and other publicly available documents); Plaintiff may file a response to the government's supplemental declaration by October 23, 2020 at 5 p.m. In addition, it is further ORDERED that the government shall file its motion to stay disclosure of the drafts of the December 12, 2017 letter from Arthur Gary to Dr. Ron Jarmin by Monday, November 2, 2020 to which Plaintiff may file a response no later than Monday, November 16, 2020. The government may file a reply in support of its motion to stay no later than Monday, November 23, 2020. Signed by Judge Tanya S. Chutkan on 10/07/2020. (lcfb) (Entered: 10/07/2020)
2020-10-07		Minute Entry: Status Conference held on 10/7/2020 before Judge Tanya S. Chutkan: See Scheduling Order previously entered on 10/07/2020. (tb) (Entered: 10/07/2020)
2020-10-08		Set/Reset Deadlines: Plaintiff's response to supplemental declaration due by 10/23/2020. Motion to stay disclosure due by 11/2/2020. Response due by 11/16/2020 Reply due by 11/23/2020. Supplemental declaration due by 10/16/2020. (tb) (Entered: 10/08/2020)
2020-10-16	36	NOTICE of Filing Supplemental Declaration by UNITED STATES DEPARTMENT OF JUSTICE (Attachments: # 1 Declaration of Kilian Kagle)(Cirino, Paul) (Entered: 10/16/2020)
2020-10-22	37	TRANSCRIPT OF 10/7/20 STATUS HEARING before Judge Tanya S. Chutkan held on October 7, 2020; Page Numbers: 1-16. Date of Issuance: 10/22/2020. Court Reporter: Bryan A. Wayne. Transcripts may be ordered by submitting the Transcript Order Form at www.dcd.uscourts.gov. For the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the 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 11/12/2020. Redacted Transcript Deadline set for 11/22/2020. Release of Transcript Restriction set for 1/20/2021.(Wayne, Bryan) (Entered: 10/22/2020)
2020-10-23	38	NOTICE of Filing of Plaintiff's Response to Defendant's Supplemental Declaration by CAMPAIGN LEGAL CENTER re 36 Notice (Other) (Miller, Adam) (Entered: 10/23/2020)
2020-11-02	39	MOTION to Stay Disclosure Obligation Pending Appeal by UNITED STATES DEPARTMENT OF JUSTICE (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order)(Cirino, Paul) (Entered: 11/02/2020)
2020-11-16	40	RESPONSE re 39 MOTION to Stay Disclosure Obligation Pending Appeal filed by CAMPAIGN LEGAL CENTER. (Attachments: # 1 Text of Proposed Order)(Miller, Adam) (Entered: 11/16/2020)
2020-11-23	41	REPLY to opposition to motion re 39 MOTION to Stay Disclosure Obligation Pending Appeal filed by UNITED STATES DEPARTMENT OF JUSTICE. (Cirino, Paul) (Entered: 11/23/2020)
2021-03-08		MINUTE ORDER: In light of recent Executive and Administrative actions, the parties shall meet, confer and file a joint status report by 4/7/21 advising the court: 1) whether the current dispute has been mooted or the parties anticipate that it will be mooted; 2) whether the parties wish to stay this action for any reason, including the parties' negotiations over resolving this dispute; or 3) whether the parties agree that this litigation should continue as anticipated pursuant to the federal rules, local rules or a scheduling order. The report shall be accompanied by a proposed order as appropriate. Signed by Judge Tanya S. Chutkan on 03/08/2021. (lcfb) Modified on 3/8/2021 (tb). (Entered: 03/08/2021)
2021-03-08		Set/Reset Deadlines: Joint Status Report due by 4/7/2021. (tb) (Entered: 03/08/2021)
2021-04-07	42	Joint STATUS REPORT by CAMPAIGN LEGAL CENTER. (Attachments: # 1 Exhibit A - Plaintiff's Proposed Order, # 2 Exhibit B - Defendant's Proposed Order)(Miller, Adam) (Entered: 04/07/2021)
2021-04-30		MINUTE ORDER: A telephonic hearing is hereby set for 2:00 p.m. on May 5, 2021. At the hearing the court will issue its ruling from the bench on Defendant's 39 Motion to Stay Disclosure Obligation Pending Appeal. The parties shall also be prepared to discuss the proposals set forth in the latest joint status report. Signed by Judge Tanya S. Chutkan on 04/30/2021. (lcfb) (Entered: 04/30/2021)
2021-05-05		Minute Entry: Status Conference held on 5/5/2021 before Judge Tanya S. Chutkan: Granting motion 39 to stay and Joint Status Report due by 6/21/2021. (Court Reporter Bryan Wayne) (tb) (Entered: 05/05/2021)
2021-05-05	43	ORDER granting Defendant's 39 Motion to Stay Disclosure Obligation Pending Appeal. The parties shall file a joint status report, along with a proposed order, within thirty days of the resolution of Defendant's appeal before the D.C. Circuit proposing further proceedings in this case as relevant. Signed by Judge Tanya S. Chutkan on 05/05/2021. (lcfb) (Entered: 05/05/2021)
2021-06-21	44	Joint STATUS REPORT by UNITED STATES DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order)(Cirino, Paul) (Entered: 06/21/2021)
2021-07-12	45	Joint STATUS REPORT by UNITED STATES DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order)(Cirino, Paul) (Entered: 07/12/2021)
2021-07-21	46	Joint STATUS REPORT by UNITED STATES DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order)(Cirino, Paul) (Entered: 07/21/2021)
2021-08-12	47	NOTICE OF WITHDRAWAL OF APPEARANCE as to CAMPAIGN LEGAL CENTER. Attorney Nadav Ariel terminated. (Ariel, Nadav) (Entered: 08/12/2021)
2021-08-12		MINUTE ORDER: Having considered the parties' joint status report, it is hereby ordered that the parties shall adhere to the following deadlines: Defendant's Renewed Motion for Summary Judgment due 9/17/21. Plaintiff's Combined Renewed Cross-Motion/Opposition due 10/19/21. Defendant's Combined Opposition/Reply due 11/9/21. Plaintiff's Reply due 11/23/21. Signed by Judge Tanya S. Chutkan on 8/12/21. (DJS) (Entered: 08/12/2021)
2021-08-12		Set/Reset Deadlines: Defendant's Renewed Motion for Summary Judgment due 9/17/21; Plaintiff's Combined Renewed Cross-Motion/Opposition due 10/19/21; Defendant's Combined Opposition/Reply due 11/9/21; Plaintiff's Reply due 11/23/21; (zjth) (Entered: 08/12/2021)
2021-09-17	48	MOTION for Summary Judgment by UNITED STATES DEPARTMENT OF JUSTICE. (Attachments: # 1 Memorandum in Support, # 2 Declaration (Third) of Vanessa R. Brinkmann, # 3 Declaration of Jeanette Plante, # 4 Statement of Facts, # 5 Text of Proposed Order)(Cirino, Paul) (Entered: 09/17/2021)
2021-10-15	49	Unopposed MOTION for Extension of Time to File Plaintiff's Renewed Cross-Motion for Summary Judgment and Opposition to Defendant's Motion for Summary Judgment by CAMPAIGN LEGAL CENTER. (Attachments: # 1 Text of Proposed Order)(Miller, Adam) (Entered: 10/15/2021)
2021-10-19		MINUTE ORDER granting Plaintiff's 49 Unopposed Motion for Extension of Time. It is ORDERED that Plaintiff's Combined Renewed Cross-Motion/Opposition is due 11/2/2021. Signed by Judge Tanya S. Chutkan on 10/19/2021. (lcwk) Modified to add "minute" on 10/20/2021 (znmw). (Entered: 10/19/2021)
2021-10-19		Set/Reset Deadlines: Cross Motion/Response to Motion for Summary Judgment due by 11/2/2021. (tb) (Entered: 10/19/2021)
2021-11-02	50	NOTICE of Appearance by Nancy Turner on behalf of CAMPAIGN LEGAL CENTER (Turner, Nancy) (Entered: 11/02/2021)
2021-11-02	51	RESPONSE re 48 MOTION for Summary Judgment filed by CAMPAIGN LEGAL CENTER. (Attachments: # 1 Response to Statement of Facts, # 2 Declaration of Nancy Turner, # 3 Exhibit 1, # 4 Exhibit 2, # 5 Exhibit 3, # 6 Exhibit 4, # 7 Exhibit 5, # 8 Exhibit 6, # 9 Exhibit 7, # 10 Exhibit 8, # 11 Exhibit 9, # 12 Exhibit 10, # 13 Exhibit 11, # 14 Exhibit 12, # 15 Exhibit 13, # 16 Text of Proposed Order)(Miller, Adam) (Entered: 11/02/2021)
2021-11-02	52	Cross MOTION for Summary Judgment by CAMPAIGN LEGAL CENTER. (Attachments: # 1 Statement of Facts, # 2 Declaration of Nancy Turner, # 3 Exhibit 1, # 4 Exhibit 2, # 5 Exhibit 3, # 6 Exhibit 4, # 7 Exhibit 5, # 8 Exhibit 6, # 9 Exhibit 7, # 10 Exhibit 8, # 11 Exhibit 9, # 12 Exhibit 10, # 13 Exhibit 11, # 14 Exhibit 12, # 15 Exhibit 13, # 16 Text of Proposed Order)(Miller, Adam) (Entered: 11/02/2021)
2021-11-04	53	Consent MOTION to Revise Briefing Schedule by UNITED STATES DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order)(Cirino, Paul) Modified event on 11/4/2021 (znmw). (Entered: 11/04/2021)
2021-11-04		MINUTE ORDER: Granting Consent 53 Motion to Extend Deadlines. Defendant shall file its Reply in Support its Renewed Motion for Summary Judgment/Opposition by 12/1/21. Plaintiff shall file its Reply by 12/20/21. Signed by Judge Tanya S. Chutkan on 11/4/21. (DJS) (Entered: 11/04/2021)
2021-11-05		Set/Reset Deadlines: Response to Cross Motion due by 12/1/2021. Reply to Cross Motion due by 12/20/2021. Reply to Motion for Summary Judgment due by 12/1/2021. (tb) (Entered: 11/05/2021)
2021-12-01	54	Memorandum in opposition to re 52 Cross MOTION for Summary Judgment filed by UNITED STATES DEPARTMENT OF JUSTICE. (Attachments: # 1 Declaration (Fourth) of Vanessa R. Brinkmann, # 2 Exhibit A, # 3 Response to Plaintiff's Statement of Undisputed Material Facts, # 4 Text of Proposed Order)(Cirino, Paul) (Entered: 12/01/2021)
2021-12-01	55	REPLY to opposition to motion re 48 MOTION for Summary Judgment (Duplicate Entry) filed by UNITED STATES DEPARTMENT OF JUSTICE. (Attachments: # 1 Declaration (Fourth) of Vanessa R. Brinkmann, # 2 Exhibit A, # 3 Response to Plaintiff's Statement of Undisputed Material Facts, # 4 Text of Proposed Order)(Cirino, Paul) (Entered: 12/01/2021)
2021-12-20	56	REPLY to opposition to motion re 52 Cross MOTION for Summary Judgment filed by CAMPAIGN LEGAL CENTER. (Miller, Adam) (Entered: 12/20/2021)
2022-07-11	57	MANDATE of USCA as to 32 Notice of Appeal to DC Circuit Court filed by UNITED STATES DEPARTMENT OF JUSTICE ; USCA Case Number 20-5233. (Attachments: # 1 USCA Judgment)(zjf) (Entered: 07/13/2022)
2022-08-07		MINUTE ORDER: By 8/17/22 the parties shall meet, confer and file a joint status report of no longer than five pages, setting forth their positions on the impact, if any, the Court of Appeals Mandate 57 has on the pending motions for summary judgment. A Status Conference is hereby set for 8/19/2022 at 10:30 PM via Zoom. A Courtroom Deputy will contact the parties with login information. Signed by Judge Tanya S. Chutkan on 8/7/22. (DJS) Modified event title on 8/9/2022 (znmw). (Entered: 08/07/2022)
2022-08-07		Set/Reset Deadlines/Hearings: Joint Status Report due by 8/17/2022. Status Conference set for 8/19/2022 at 10:30 AM in Telephonic/VTC before Judge Tanya S. Chutkan. (tb) (Entered: 08/07/2022)
2022-08-17	58	NOTICE OF SUBSTITUTION OF COUNSEL by Bradley Silverman on behalf of UNITED STATES DEPARTMENT OF JUSTICE Substituting for attorney Paul Cirino (Silverman, Bradley) (Entered: 08/17/2022)
2022-08-17	59	Joint STATUS REPORT by UNITED STATES DEPARTMENT OF JUSTICE. (Silverman, Bradley) (Entered: 08/17/2022)
2022-08-19	60	MEMORANDUM AND OPINION re Defendant's 48 Motion for Summary Judgment, and Plaintiff's 52 Cross Motion for Summary Judgment. Signed by Judge Tanya S. Chutkan on 08/19/2022. (lcwk) (Entered: 08/19/2022)
2022-08-19	61	ORDER denying without prejudice Defendant's 48 Motion for Summary Judgment; denying without prejudice Plaintiff's 52 Cross Motion for Summary Judgment. The parties shall meet and confer and file a joint proposed briefing schedule for renewed cross motions for summary judgment by August 23, 2022, at 5:00 pm. Signed by Judge Tanya S. Chutkan on 08/19/2022. (lcwk) (Entered: 08/19/2022)
2022-08-19		Minute Entry: Status Conference held on 8/19/2022 before Judge Tanya S. Chutkan: Pending motions 48 and 52 for summary judgments denied without prejudice. Parties to meet and confer and submit renewed motions for summary judgment by COB on 8/23/2022. (Court Reporter Bryan Wayne) (tb) (Entered: 08/22/2022)
2022-08-23	62	Joint STATUS REPORT by UNITED STATES DEPARTMENT OF JUSTICE. (Silverman, Bradley) (Entered: 08/23/2022)
2022-08-23	63	ENTERED IN ERROR.....Joint STATUS REPORT by UNITED STATES DEPARTMENT OF JUSTICE. (Silverman, Bradley) Modified on 8/23/2022 (znmw). (Entered: 08/23/2022)
2022-08-23		NOTICE OF ERROR regarding 63 Status Report. The following error(s) need correction: Incorrect case. Please refile in the correct case. (znmw) (Entered: 08/23/2022)
2022-08-24	64	SCHEDULING ORDER: Plaintiff's Motion for Summary Judgment due September 30, 2022; Defendant's Response and Cross-Motion for Summary Judgment due October 30, 2022; Plaintiff's Reply and Cross-Response due November 30, 2022; Defendant's Cross-Reply December 21, 2022. Signed by Judge Tanya S. Chutkan on 08/24/2022. (lcwk) (Entered: 08/24/2022)
2022-08-24		Set/Reset Deadlines: Cross Motion due by 10/30/2022. Response to Cross Motion due by 11/30/2022. Reply to Cross Motion due by 12/21/2022. Summary Judgment motion due by 9/30/2022. Response to Motion for Summary Judgment due by 10/30/2022. Reply to Motion for Summary Judgment due by 11/30/2022. (tb) (Entered: 08/24/2022)
2022-09-30	65	Cross MOTION for Summary Judgment by CAMPAIGN LEGAL CENTER. (Attachments: # 1 Statement of Material Facts, # 2 Declaration of Nancy Turner, # 3 Exhibit 1, # 4 Exhibit 2, # 5 Exhibit 3, # 6 Exhibit 4, # 7 Exhibit 5, # 8 Exhibit 6, # 9 Exhibit 7, # 10 Exhibit 8, # 11 Exhibit 9, # 12 Exhibit 10, # 13 Exhibit 11, # 14 Exhibit 12, # 15 Exhibit 13, # 16 Exhibit 14, # 17 Text of Proposed Order)(Miller, Adam) (Entered: 09/30/2022)
2022-10-12	66	NOTICE OF SUBSTITUTION OF COUNSEL by Daniel Alan Schiffer on behalf of UNITED STATES DEPARTMENT OF JUSTICE Substituting for attorney Bradley Silverman (Schiffer, Daniel) (Entered: 10/12/2022)
2022-10-24	67	Unopposed MOTION for Extension of Time to File Defendant's Cross Motion for Summary Judgment and Response to Plaintiff's Motion for Summary Judgment by UNITED STATES DEPARTMENT OF JUSTICE. (Schiffer, Daniel) (Entered: 10/24/2022)
2022-11-07		MINUTE ORDER: Granting 67 Defendant's Unopposed Motion for Extension of Time. Defendant's Cross Motion is due November 29, 2022. Plaintiff's response to Defendant's Cross Motion is due January 6, 2023. Defendant's Reply in Support of Cross Motion and opposition to any Cross-Motion due January 27, 2023. Signed by Judge Tanya S. Chutkan on 11/7/2022. (lcsr) (Entered: 11/07/2022)
2022-11-08		Set/Reset Deadlines: Cross Motion due by 11/29/2022. Response to Cross Motion due by 1/6/2023. Reply to Cross Motion due by 1/27/2023. Response due by 1/27/2023. (tb) (Entered: 11/08/2022)
2022-11-29	68	Cross MOTION for Summary Judgment by UNITED STATES DEPARTMENT OF JUSTICE. (Attachments: # 1 Statement of Facts, # 2 Declaration (5th) of Vanessa R. Brinkmann, # 3 Declaration of Jeanette Plante, # 4 Text of Proposed Order)(Schiffer, Daniel) (Entered: 11/29/2022)
2022-11-29	69	Memorandum in opposition to re 65 Motion for Summary Judgment, filed by UNITED STATES DEPARTMENT OF JUSTICE. (Attachments: # 1 Statement of Facts Response to Plaintiff's Statement of Undisputed Material Facts, # 2 Declaration (5th) of Vanessa R. Brinkmann, # 3 Declaration of Jeanette Plante, # 4 Text of Proposed Order)(Schiffer, Daniel) (Entered: 11/29/2022)
2022-12-30	70	Unopposed MOTION for Extension of Time to File Response/Reply as to 68 Cross MOTION for Summary Judgment , by CAMPAIGN LEGAL CENTER. (Attachments: # 1 Proposed Order)(Turner, Nancy) (Entered: 12/30/2022)
2023-01-03		MINUTE ORDER: Granting 70 Unopposed Motion for Extension of Time. By January 20, 2023, Plaintiff must file Response to Defendant's Cross Motion for Summary Judgment and Reply in Support of Motion for Summary Judgment. By February 10, 2023, Defendant must file Reply in Support of Cross Motion for Summary Judgment and Opposition to any Cross Motion for Summary Judgment. Signed by Judge Tanya S. Chutkan on 1/3/2023. (lcsr) (Entered: 01/03/2023)
2023-01-10		Set/Reset Deadlines: Response to Cross Motion due by 1/20/2023. Reply to Cross Motion due by 2/10/2023. Reply to Motion for Summary Judgment due by 1/20/2023. (tb) (Entered: 01/10/2023)
2023-01-20	71	REPLY to opposition to motion re 65 Cross MOTION for Summary Judgment filed by CAMPAIGN LEGAL CENTER. (Attachments: # 1 Plaintiff's Response to Defendant's Statement of Undisputed Material Facts)(Miller, Adam) (Entered: 01/20/2023)
2023-01-20	72	RESPONSE re 68 Cross MOTION for Summary Judgment filed by CAMPAIGN LEGAL CENTER. (Attachments: # 1 Plaintiff's Response to Defendant's Statement of Undisputed Material Facts)(Miller, Adam) (Entered: 01/20/2023)
2023-02-01	73	NOTICE of Change of Firm Affiliation by CAMPAIGN LEGAL CENTER (Miller, Adam) (Entered: 02/01/2023)
2023-02-06	74	Consent MOTION for Extension of Time to File Response/Reply In Support of Its Cross Motion for Summary Judgment by UNITED STATES DEPARTMENT OF JUSTICE. (Schiffer, Daniel) (Entered: 02/06/2023)
2023-02-06		MINUTE ORDER: Granting 74 Consent Motion for Extension of Time. By February 28, 2023. Defendant must file its Reply in Support of Cross Motion for Summary Judgment. Signed by Judge Tanya S. Chutkan on 2/6/23. (lcsr) Modified on 2/7/2023 (tb). (Entered: 02/06/2023)
2023-02-07		Set/Reset Deadlines: Reply to Cross Motion due by 2/28/2023. (tb) (Entered: 02/07/2023)
2023-02-28	75	REPLY to opposition to motion RE 68 Cross MOTION for Summary Judgment for summary judgment filed by UNITED STATES DEPARTMENT OF JUSTICE. (Schiffer, Daniel) Modified on 3/2/2023 to add docket link (zjm). (Entered: 02/28/2023)
2023-08-01	76	NOTICE OF WITHDRAWAL OF APPEARANCE as to UNITED STATES DEPARTMENT OF JUSTICE. Attorney Daniel Alan Schiffer terminated. (Schiffer, Daniel) (Entered: 08/01/2023)
2023-10-12	77	NOTICE of Appearance by Bradley Silverman on behalf of UNITED STATES DEPARTMENT OF JUSTICE (Silverman, Bradley) (Entered: 10/12/2023)
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