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Case TitleFREEDOM WATCH, INC. v. U.S. DEPARTMENT OF JUSTICE et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2018cv02116
Date Filed2018-09-11
Date ClosedOpen
JudgeJudge Emmet G. Sullivan
PlaintiffFREEDOM WATCH, INC.
PlaintiffFRANCIS SCHAEFFER COX 18cv2657
Case DescriptionFreedom Watch submitted four FOIA requests to the Department of Justice, the FBI, and the Bureau of Alcohol, Tobacco and Firearms for records concerning several named individuals. The agencies acknowledged receipt of the requests but after hearing nothing further from the agencies, Freedom Watch filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Vaughn index, Litigation - Attorney's fees

DefendantU.S. DEPARTMENT OF JUSTICE
DefendantFEDERAL BUREAU OF INVESTIGATION
DefendantBUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES
DefendantEXECUTIVE OFFICE OF U.S. ATTORNEYS 18cv2657
Documents
Docket
Complaint
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2018-09-111COMPLAINT against All Defendants ( Filing fee $ 400 receipt number 0090-5683681) filed by FREEDOM WATCH, INC.. (Attachments: # 2 Summons, # 3 Summons, # 4 Summons, # 5 Summons), # 6 Civil Cover Sheet). (Klayman, Larry) (Attachment(s) # 6 replaced on 9/13/2018. (znmw). (Entered: 09/11/2018)
2018-09-11Case Assigned to Judge Emmet G. Sullivan. (zmd) (Entered: 09/12/2018)
2018-09-132STANDING 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 09/13/18. (Attachment: # 1 Exhibit 1) (mac) (Entered: 09/13/2018)
2018-09-133SUMMONS (5) Issued Electronically as to BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES, FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent) (zmd) (Entered: 09/13/2018)
2018-10-234Consent MOTION for Extension of Time to File Answer re 1 Complaint, by BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES, FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE (Hendry, Melanie) (Entered: 10/23/2018)
2018-10-25MINUTE ORDER granting 4 consent motion for extension of time to file answer to complaint. Defendants shall therefore answer or otherwise respond to plaintiff's complaint by no later than November 7, 2018. Signed by Judge Emmet G. Sullivan on 10/25/2018. (lcegs3) (Entered: 10/25/2018)
2018-10-25Set/Reset Deadlines: Defendant Answer due by 11/7/2018. (mac) (Entered: 10/25/2018)
2018-11-075MOTION to Dismiss , MOTION for Summary Judgment by BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES, FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE (Attachments: # 1 Statement of Facts, # 2 Declaration of David M. Hardy, # 3 Declaration of Joseph E. Gerstell, # 4 Declaration of Sophia Y. Kil)(Hendry, Melanie) (Entered: 11/07/2018)
2018-11-206Consent MOTION for Extension of Time to File Response/Reply as to 5 MOTION to Dismiss MOTION for Summary Judgment by FREEDOM WATCH, INC. (Klayman, Larry) (Entered: 11/20/2018)
2018-11-27MINUTE ORDER granting 6 plaintiff's motion for extension of time. Plaintiff shall therefore respond to defendants' motion to dismiss/summary judgment by no later than December 12, 2018. Signed by Judge Emmet G. Sullivan on 11/27/2018. (lcegs3) (Entered: 11/27/2018)
2018-11-27Set/Reset Deadlines: Plaintiff Response To Defendants' Motion To Dismiss/Summary Judgment due by 12/12/2018. (mac) (Entered: 11/27/2018)
2018-12-127Memorandum in opposition to re 5 MOTION to Dismiss MOTION for Summary Judgment filed by FREEDOM WATCH, INC.. (Attachments: # 1 Exhibit Book Jacket, # 2 Exhibit Successful Facsimile Confirmation, # 3 Exhibit Schaeffer Cox's Opp to Defendants' Motion for Summary Judgment and Motion to Dismiss, # 4 Exhibit Declaration of Schaeffer Cox)(Klayman, Larry) (Entered: 12/12/2018)
2018-12-188MOTION for Extension of Time to File Response/Reply as to 5 MOTION to Dismiss MOTION for Summary Judgment by BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES, FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE (Hendry, Melanie) (Entered: 12/18/2018)
2018-12-189RESPONSE re 8 MOTION for Extension of Time to File Response/Reply as to 5 MOTION to Dismiss MOTION for Summary Judgment filed by FREEDOM WATCH, INC.. (Attachments: # 1 Exhibit Exhibit 1)(Klayman, Larry) (Entered: 12/18/2018)
2018-12-19MINUTE ORDER granting over objection 8 defendants' first motion for an extension of time to file its reply in support of its motion for summary judgment. The Court finds that the defendants have requested the extension in good faith and not for the purpose of delay. Moreover, the Court recently granted the plaintiff's three-week motion for an extension of time to file its opposition memorandum. Defendants shall therefore file their reply by no later than January 9, 2019. Signed by Judge Emmet G. Sullivan on 12/19/2018. (lcegs3) (Entered: 12/19/2018)
2018-12-19Set/Reset Deadlines: Defendants Reply due by 1/9/2018. (mac) (Entered: 12/19/2018)
2019-01-0710MOTION to Stay in Light of Lapse in Appropriations by BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES, FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE (Hendry, Melanie) (Entered: 01/07/2019)
2019-01-09MINUTE ORDER granting 10 motion to stay in light of lapse of appropriations. Defendants are directed to notify the Court when appropriations are restored or if a continuing resolution is enacted. Signed by Judge Emmet G. Sullivan on 1/9/2019. (lcegs3) (Entered: 01/09/2019)
2019-02-08MINUTE ORDER. The Court has accepted Cox v. Executive Office of U.S. Attorneys, Civil Action No. 18-2657 (the "Cox Action") as related to this action. On November 13, 2018, the U.S. District Court for the Southern District of Illinois transferred the Cox Action to this Court under 28 U.S.C § 1404(a) because "venue is closer to the records requested and it is likely that [this Court] will want to consolidate the cases so that both [actions] can be efficiently handled." Cox Order, No. 17-cv-611 (S.D. Ill. Nov. 13, 2018), ECF No. 62. To date, government counsel and Mr. Klayman have not filed notices of appearance in the Cox Action or a notification of related action in this action. See LCvR 83.2; see also LCvR 40.5(b)(3). The Court DIRECTS the parties to show cause why the Cox Action should not be consolidated under this action by no later than February 14, 2019. Signed by Judge Emmet G. Sullivan on 2/8/2019. (lcegs3) (Entered: 02/08/2019)
2019-02-08Set/Reset Deadlines: Parties to Show Cause due by 2/14/2019. (mac) (Entered: 02/08/2019)
2019-02-1111NOTICE OF RELATED CASE by FREEDOM WATCH, INC.. Case related to Case No. 18-cv-2657. (Klayman, Larry) (Entered: 02/11/2019)
2019-02-1412RESPONSE TO ORDER OF THE COURT re Order,,, filed by BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES, FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE. (Hendry, Melanie) (Entered: 02/14/2019)
2019-02-1413RESPONSE TO ORDER OF THE COURT re Order,,, of February 8, 2019 filed by FREEDOM WATCH, INC.. (Klayman, Larry) (Entered: 02/14/2019)
2019-02-14MINUTE ORDER. In view of 12 Defendant's Response and 13 Plaintiff's Response to the Court's February 8, 2019 Order to Show Cause, the Court hereby consolidates Cox v. Executive Office of U.S. Attorneys, Civil Action No. 18-2657 (the "Cox Action") under this action pursuant to Federal Rule of Civil Procedure 42(a)(2). The parties are directed to file a joint status report by no later than March 1, 2019, proposing a schedule for further proceedings. The Clerk of Court is directed to consolidate Civil Action No. 18-2657 under Civil Action No. 18-2116, and close Civil Action No. 18-2657. All future filings shall be made in this action. Signed by Judge Emmet G. Sullivan on 2/14/2019.(lcegs3) (Entered: 02/14/2019)
2019-02-15Set/Reset Deadlines: Joint Status Report due by 3/1/2019. (mac) (Entered: 02/15/2019)
2019-03-0114STATUS REPORT by BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES, EXECUTIVE OFFICE OF U.S. ATTORNEYS, FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE. (Graham-Oliver, Heather) (Entered: 03/01/2019)
2019-03-05MINUTE ORDER. In view of 14 Defendants' Status Report, the Court orders the parties to show cause why Mr. Klayman should not be sanctioned or held in contempt for his failure to comply with the Court's February 14, 2019 Minute Order by no later than March 8, 2019. See Al-Adahi v. Obama, 672 F. Supp. 2d 114, 117 (D.D.C. 2009) (holding a party in civil contempt for failure to comply with an order). The Court notes that Mr. Klayman has previously failed to comply with the Court's January 3, 2019 Order in Civil Action No. 18-88. Mr. Klayman is strongly advised to meet and confer with government counsel and file a joint status report by no later than March 8, 2019, as that will have a material bearing on whether the Court imposes sanctions or holds him in contempt. Signed by Judge Emmet G. Sullivan on 3/5/2019. (lcegs3) (Entered: 03/05/2019)
2019-03-06Set/Reset Deadlines: Parties To Show Cause due by 3/8/2019. Joint Status Report due by 3/8/2019. (mac) (Entered: 03/06/2019)
2019-03-0815Joint STATUS REPORT by FRANCIS SCHAEFFER COX, FREEDOM WATCH, INC.. (Klayman, Larry) (Entered: 03/08/2019)
2019-03-0816RESPONSE TO ORDER TO SHOW CAUSE by FRANCIS SCHAEFFER COX, FREEDOM WATCH, INC. . (Klayman, Larry) (Entered: 03/08/2019)
2019-03-11MINUTE ORDER. The Court directs Defendants to comply with the Court's March 5, 2019 Order to Show Cause by no later than March 13, 2019. The parties are strongly advised to adhere to the Court's Orders in this matter. See Al-Adahi v. Obama, 672 F. Supp. 2d 114, 117 (D.D.C. 2009) (holding a party in civil contempt for failure to comply with an order). Signed by Judge Emmet G. Sullivan on 3/11/2019. (lcegs3) (Entered: 03/11/2019)
2019-03-12Set/Reset Deadlines: Defendants Show Cause due by 3/13/2019. (mac) (Entered: 03/12/2019)
2019-03-1317RESPONSE TO ORDER TO SHOW CAUSE by BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES, EXECUTIVE OFFICE OF U.S. ATTORNEYS, FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE . (Van Horn, Daniel) (Entered: 03/13/2019)
2019-03-13MINUTE ORDER. In view of 15 Joint Status Report, the parties shall submit a joint proposed briefing schedule for the consolidated action by no later than March 29, 2019. The Court grants Defendants' request to file a consolidated Reply and Motion for Summary Judgment. The Court declines Plaintiffs' request for a status conference at this time. In light of 16 Plaintiffs' Response and 17 Defendants' Response, the Court declines to impose sanctions. The parties are cautioned that any future failures to comply with the Court's Orders will not be treated lightly. Signed by Judge Emmet G. Sullivan on 3/13/2019. (lcegs3) (Entered: 03/13/2019)
2019-03-14Set/Reset Deadlines: Joint Proposed Briefing Schedule due by 3/29/2019 (mac) (Entered: 03/14/2019)
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