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Case TitleBRENNAN CENTER FOR JUSTICE AT NEW YORK UNIVERSITY SCHOOL OF LAW v. U.S. DEPARTMENT OF JUSTICE
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2018cv01841
Date Filed2018-08-07
Date ClosedOpen
JudgeJudge Amy Berman Jackson
PlaintiffBRENNAN CENTER FOR JUSTICE AT NEW YORK UNIVERSITY SCHOOL OF LAW
Case DescriptionThe Brennan Center for Justice submitted a FOIA request to the Civil Rights Division at the Department of Justice for records concerning a June 28, 2017 letter sent by the Chief of DOJ's Voting Section to state election officials. The Brennan Center also requested expedited processing and a fee waiver. The agency acknowledged receipt of the request. The agency denied the first part of the Brennan Center's request under Exemption 7(A) (interference with ongoing investigation or proceeding) and Exemption 3 (other statutes). The agency disclosed 407 redacted pages in response to the second part of the Brennan Center's request, citing Exemption 5 (privileges) and Exemption 6 (invasion of privacy). The Brennan Center filed an administrative appeal, but after hearing nothing further from the agency, the Brennan Center filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Attorney's fees

DefendantU.S. DEPARTMENT OF JUSTICE
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

2018-08-071COMPLAINT against U.S. DEPARTMENT OF JUSTICE ( Filing fee $ 400 receipt number 0090-5625522) filed by BRENNAN CENTER FOR JUSTICE AT NEW YORK UNIVERSITY SCHOOL OF LAW. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Exhibit A, # 6 Exhibit B, # 7 Exhibit C)(Evers, Austin) (Entered: 08/07/2018)
2018-08-072LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by BRENNAN CENTER FOR JUSTICE AT NEW YORK UNIVERSITY SCHOOL OF LAW (Evers, Austin) (Entered: 08/07/2018)
2018-08-073MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Katherine M. Anthony, :Firm- American Oversight, :Address- 1030 15th St. NW, B255, Washington, DC 20005. Phone No. - (202) 897-3918. Fax No. - (202) 871-6523 Filing fee $ 100, receipt number 0090-5626041. Fee Status: Fee Paid. by BRENNAN CENTER FOR JUSTICE AT NEW YORK UNIVERSITY SCHOOL OF LAW (Evers, Austin) (Entered: 08/07/2018)
2018-08-07Case Assigned to Judge Amy Berman Jackson. (zmd) (Entered: 08/08/2018)
2018-08-084MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Jonathan Brater, :Firm- Brennan Center for Justice at New York University School of Law, :Address- 120 Broadway, Suite 1750, New York, NY 10271. Phone No. - (646) 292-8373. Filing fee $ 100, receipt number 0090-5628574. Fee Status: Fee Paid. by BRENNAN CENTER FOR JUSTICE AT NEW YORK UNIVERSITY SCHOOL OF LAW (Evers, Austin) (Entered: 08/08/2018)
2018-08-095SUMMONS (3) Issued Electronically as to U.S. DEPARTMENT OF JUSTICE, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent) (zmd) (Entered: 08/09/2018)
2018-08-20MINUTE ORDER granting 3 4 Motions for Leave of Katherine M. Anthony and Jonathan Brater to Appear Pro Hac Vice only upon condition that the lawyers admitted, or at least one member of the lawyers' firm, undergo CM/ECF training, obtain a CM/ECF username and password, and agree to file papers electronically. No court papers will be mailed to any lawyer. Signed by Judge Amy Berman Jackson on 8/20/18. (DMK) (Entered: 08/20/2018)
2018-08-226RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 8/9/2018. ( Answer due for ALL FEDERAL DEFENDANTS by 9/8/2018.), RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 8/14/2018., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF JUSTICE served on 8/14/2018 (Attachments: # 1 Exhibit A)(Anthony, Katherine) (Entered: 08/22/2018)
2018-09-067MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Maximillian Feldman, :Firm- Brennan Center for Justice at New York University School of Law, :Address- 120 Broadway, Suite 1750, New York, NY 10271. Phone No. - 646-925-8734. Filing fee $ 100, receipt number 0090-5675831. Fee Status: Fee Paid. by BRENNAN CENTER FOR JUSTICE AT NEW YORK UNIVERSITY SCHOOL OF LAW (Attachments: # 1 Declaration, # 2 Text of Proposed Order)(Anthony, Katherine) (Entered: 09/06/2018)
2018-09-07MINUTE ORDER granting 7 Motion for Leave of Maxillian Feldman to Appear Pro Hac Vice only upon condition that the lawyer admitted, or at least one member of the lawyer's firm, undergo CM/ECF training, obtain a CM/ECF username and password, and agree to file papers electronically. No court papers will be mailed to any lawyer. Signed by Judge Amy Berman Jackson on 9/7/18. (DMK) (Entered: 09/07/2018)
2018-09-108NOTICE of Appearance by Marina Utgoff Braswell on behalf of U.S. DEPARTMENT OF JUSTICE (Braswell, Marina) (Entered: 09/10/2018)
2018-09-109Unopposed MOTION for Extension of Time to answer or otherwise respond to the Complaint by U.S. DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Braswell, Marina) (Entered: 09/10/2018)
2018-09-11MINUTE ORDER granting 9 Motion for Extension of Time. Defendant must file a responsive pleading by September 18, 2018. SO ORDERED. Signed by Judge Amy Berman Jackson on 9/11/2018. (lcabj2) (Entered: 09/11/2018)
2018-09-1810ANSWER to Complaint by U.S. DEPARTMENT OF JUSTICE.(Braswell, Marina) (Entered: 09/18/2018)
2018-09-2011ORDER. Before the Court in this FOIA case are a complaint and an answer. The requirements of Local Civil Rule 16.3 and Rule 26(f) of the Federal Rules of Civil Procedure appear to be inapplicable. Defendant shall file a dispositive motion or, in the alternative, a report setting forth the schedule for the completion of its production of documents to plaintiff, on or before October 22, 2018. See Order for details. SO ORDERED. Signed by Judge Amy Berman Jackson on 9/20/2018. (lcabj2) (Entered: 09/20/2018)
2018-10-1612NOTICE of Appearance by Elizabeth Hagerty on behalf of BRENNAN CENTER FOR JUSTICE AT NEW YORK UNIVERSITY SCHOOL OF LAW (Hagerty, Elizabeth) (Entered: 10/16/2018)
2018-10-1713NOTICE of Appearance by Ellen S. Kennedy on behalf of BRENNAN CENTER FOR JUSTICE AT NEW YORK UNIVERSITY SCHOOL OF LAW (Kennedy, Ellen) (Entered: 10/17/2018)
2018-10-1714MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Ryan J. Stephenson, :Firm- Hogan Lovells US LLP, :Address- 555 Thirteenth Street NW. Phone No. - (202) 637-6453. Fax No. - (202) 637-5910 Filing fee $ 100, receipt number 0090-5743549. Fee Status: Fee Paid. by BRENNAN CENTER FOR JUSTICE AT NEW YORK UNIVERSITY SCHOOL OF LAW (Attachments: # 1 Declaration Decl. of Ryan Stephenson, # 2 Text of Proposed Order)(Hagerty, Elizabeth) (Entered: 10/17/2018)
2018-10-18MINUTE ORDER granting 14 Motion for Leave of Ryan J. Stephenson to Appear Pro Hac Vice only upon condition that the lawyer admitted, or at least one member of the lawyer's firm, undergo CM/ECF training, obtain a CM/ECF username and password, and agree to file papers electronically. No court papers will be mailed to any lawyer. Because applicant is a member of the bar of the District of Columbia and practices here, he is encouraged to submit an application to become a member of the bar of this Court in the near future. Signed by Judge Amy Berman Jackson on 10/18/18. (DMK) (Entered: 10/18/2018)
2018-10-2215Unopposed MOTION for Extension of Time to File Proposed Schedule by U.S. DEPARTMENT OF JUSTICE (Braswell, Marina) (Entered: 10/22/2018)
2018-10-23MINUTE ORDER granting 15 Motion for Extension. Defendant must file a proposed schedule for the production of documents by November 5, 2018. SO ORDERED. Signed by Judge Amy Berman Jackson on 10/23/2018. (lcabj2) (Entered: 10/23/2018)
2018-10-23Set/Reset Deadlines: Defendant must file a proposed schedule for the production of documents by 11/5/2018. (jth) (Entered: 10/23/2018)
2018-11-0516STATUS REPORT with Proposed Schedule for the Production of Documents by U.S. DEPARTMENT OF JUSTICE. (Braswell, Marina) (Entered: 11/05/2018)
2018-11-06MINUTE ORDER. In light of the defendant's status report 16 , it is ORDERED that: (1) Defendant must make a supplemental release of information by November 14, 2018; (2) Defendant must prepare a Vaughn Index by November 30, 2018; and (3) both parties must file a joint proposed schedule for further proceedings by December 10, 2018. Signed by Judge Amy Berman Jackson on 11/6/2018. (lcabj2) (Entered: 11/06/2018)
2018-12-1017PROPOSED BRIEFING SCHEDULE Jointly Filed with Defendant by BRENNAN CENTER FOR JUSTICE AT NEW YORK UNIVERSITY SCHOOL OF LAW. (Anthony, Katherine) (Entered: 12/10/2018)
2018-12-12MINUTE ORDER. In light of the the parties' proposed briefing schedule 17 , it is ORDERED that Defendant's motion for summary judgment is due on January 30, 2019; plaintiff's opposition and any cross-motion for summary judgment is due on February 27, 2019; defendant's reply and cross-opposition is due on March 27, 2019; and plaintiff's reply is due on April 17, 2019. Signed by Judge Amy Berman Jackson on 12/12/2018. (lcabj2) (Entered: 12/12/2018)
2019-01-2418MOTION to Withdraw as Attorney by Jonathan Brater by BRENNAN CENTER FOR JUSTICE AT NEW YORK UNIVERSITY SCHOOL OF LAW (Attachments: # 1 Text of Proposed Order)(Brater, Jonathan) (Entered: 01/24/2019)
2019-01-25MINUTE ORDER granting 18 Motion to Withdraw as Attorney. SO ORDERED. Signed by Judge Amy Berman Jackson on 1/25/2019. (lcabj2) (Entered: 01/25/2019)
2019-01-2919Unopposed MOTION to Amend/Correct Order,, Set Deadlines, , Unopposed MOTION for Extension of Time to File Dispositive Motion by U.S. DEPARTMENT OF JUSTICE (Braswell, Marina) (Entered: 01/29/2019)
2019-01-30MINUTE ORDER granting 19 Motion for Extension of Time. Defendant must file its motion for summary judgment by February 28, 2019; plaintiff must file its opposition and any cross-motion for summary judgment by March 28, 2019; defendant must file its reply and any cross-opposition by April 25, 2019; and plaintiff must file its cross-reply by May 16, 2019. SO ORDERED. Signed by Judge Amy Berman Jackson on 1/30/2019. (lcabj2) (Entered: 01/30/2019)
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