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Case TitleBLUMENTHAL et al v. U.S. NATIONAL ARCHIVES AND RECORDS ADMINISTRATION et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2018cv02143
Date Filed2018-09-17
Date ClosedOpen
JudgeJudge Randolph D. Moss
PlaintiffRICHARD BLUMENTHAL
PlaintiffPATRICK LEAHY
PlaintiffSHELDON WHITEHOUSE
PlaintiffMAZIE K. HIRONO
PlaintiffCORY A. BOOKER
PlaintiffKAMALA D. HARRIS Members of the United States Senate Committee on the Judiciary
Case DescriptionSen. Richard Blumenthal (D-CT), Sen. Patrick Leahy (D-VT), Sen. Sheldon Whitehouse (D-RI), Sen. Mazie Hirono (D-HI), Sen. Cory Booker (D-NJ), and Sen. Kamala Harris (D-CA) submitted FOIA requests to the National Archives and Records Administration, the G.W. Bush Presidential Library, and the CIA for records concerning Brett Kavanaugh when he worked in the Bush administration. The Senators requested expedited processing for their requests to NARA and the Bush Presidential Library. All three agencies acknowledged receipt of the requests but after hearing nothing further from any of the agencies, the Senators filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Expedited processing, Litigation - Attorney's fees

DefendantU.S. NATIONAL ARCHIVES AND RECORDS ADMINISTRATION
DefendantU.S. CENTRAL INTELLIGENCE AGENCY
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
Complaint attachment 8
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2018-09-171COMPLAINT against U.S. CENTRAL INTELLIGENCE AGENCY, U.S. NATIONAL ARCHIVES AND RECORDS ADMINISTRATION ( Filing fee $ 400 receipt number 0090-5691013) filed by KAMALA D. HARRIS, MAZIE K. HIRONO, RICHARD BLUMENTHAL, SHELDON WHITEHOUSE, PATRICK LEAHY, CORY A. BOOKER. (Attachments: # 1 Civil Cover Sheet, # 2 Summons U.S. Attorney, # 3 Summons Attorney General, # 4 Summons U.S. National Archives and Records Administration, # 5 Summons U.S. Central Intelligence Agency, # 6 Exhibit A, # 7 Exhibit B, # 8 Exhibit C)(France, Elizabeth) (Entered: 09/17/2018)
2018-09-172WITHDRAWN ON THE RECORD ON 10/19/2018.....MOTION for Temporary Restraining Order , MOTION for Preliminary Injunction by RICHARD BLUMENTHAL, CORY A. BOOKER, KAMALA D. HARRIS, MAZIE K. HIRONO, PATRICK LEAHY, SHELDON WHITEHOUSE (Attachments: # 1 Memorandum in Support, # 2 Declaration of Sam Simon, # 3 Exhibit 1, # 4 Exhibit 2, # 5 Exhibit 3, # 6 Exhibit 4, # 7 Exhibit 5)(France, Elizabeth). Modified on 10/19/2018 (kt). (Entered: 09/17/2018)
2018-09-18Case Assigned to Judge Randolph D. Moss. (zrdj) (Entered: 09/18/2018)
2018-09-183SUMMONS (4) Issued Electronically as to U.S. CENTRAL INTELLIGENCE AGENCY, U.S. NATIONAL ARCHIVES AND RECORDS ADMINISTRATION, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(zrdj) (Entered: 09/18/2018)
2018-09-184STANDING ORDER: The parties are hereby ORDERED to comply with the directives set forth in the Court's Standing Order. See document for details. Signed by Judge Randolph D. Moss on 9/18/2018. (lcrdm1, ) (Entered: 09/18/2018)
2018-09-185NOTICE of Appearance by Stephen M. Pezzi on behalf of U.S. CENTRAL INTELLIGENCE AGENCY, U.S. NATIONAL ARCHIVES AND RECORDS ADMINISTRATION (Pezzi, Stephen) (Entered: 09/18/2018)
2018-09-186NOTICE of Appearance by Elizabeth J. Shapiro on behalf of All Defendants (Shapiro, Elizabeth) (Entered: 09/18/2018)
2018-09-18MINUTE ORDER: It is hereby ORDERED that counsel for Plaintiffs shall meet and confer with counsel for Defendants regarding their availability for a prompt status conference before the Court, and shall jointly contact the Courtroom Deputy to schedule a status conference. Signed by Judge Randolph D. Moss on 9/18/2018. (lcrdm2, ) (Entered: 09/18/2018)
2018-09-187NOTICE of Appearance by Austin Ridgely Evers on behalf of RICHARD BLUMENTHAL, CORY A. BOOKER, KAMALA D. HARRIS, MAZIE K. HIRONO, PATRICK LEAHY, SHELDON WHITEHOUSE (Evers, Austin) (Main Document 7 replaced on 9/19/2018) (znmw). (Entered: 09/18/2018)
2018-09-18NOTICE of Hearing: Status Conference set for 9/21/2018, at 2:00 PM, in Courtroom 21, before Judge Randolph D. Moss. (kt) (Entered: 09/18/2018)
2018-09-208MOTION 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 0090-5699110. Fee Status: Fee Paid. by RICHARD BLUMENTHAL, CORY A. BOOKER, KAMALA D. HARRIS, MAZIE K. HIRONO, PATRICK LEAHY, SHELDON WHITEHOUSE (Evers, Austin) (Entered: 09/20/2018)
2018-09-209AMENDED COMPLAINT against U.S. CENTRAL INTELLIGENCE AGENCY, U.S. NATIONAL ARCHIVES AND RECORDS ADMINISTRATION, U.S. DEPARTMENT OF JUSTICE filed by KAMALA D. HARRIS, MAZIE K. HIRONO, RICHARD BLUMENTHAL, SHELDON WHITEHOUSE, PATRICK LEAHY, CORY A. BOOKER. (Attachments: # 1 Summons U.S. District Attorney, # 2 Summons U.S. Attorney General, # 3 Summons U.S. Department of Justice, # 4 Exhibit A, # 5 Exhibit B, # 6 Exhibit C, # 7 Exhibit D, # 8 Exhibit E)(Evers, Austin) (Entered: 09/21/2018)
2018-09-2110WITHDRAWN ON THE RECORD ON 10/19/2018..... MOTION for Temporary Restraining Order , MOTION for Preliminary Injunction by RICHARD BLUMENTHAL, CORY A. BOOKER, KAMALA D. HARRIS, MAZIE K. HIRONO, PATRICK LEAHY, SHELDON WHITEHOUSE (Attachments: # 1 Memorandum in Support, # 2 Declaration of Sam Simon, # 3 Exhibit 1, # 4 Exhibit 2, # 5 Exhibit 3, # 6 Exhibit 4)(Evers, Austin) Modified on 10/19/2018 (kt). (Entered: 09/21/2018)
2018-09-2111NOTICE of Filing of Amended Complaint Redline Comparison by RICHARD BLUMENTHAL, CORY A. BOOKER, KAMALA D. HARRIS, MAZIE K. HIRONO, PATRICK LEAHY, SHELDON WHITEHOUSE re 9 Amended Complaint, (Attachments: # 1 Attachment: Amended Complaint Redline Comparison)(Evers, Austin) (Entered: 09/21/2018)
2018-09-21Minute Entry for proceedings held before Judge Randolph D. Moss: Status Conference held on 9/21/2018. Joint Status Report due by 2:00 p.m., on 9/28/2018. (Court Reporter: Jeff Hook.) (kt) (Entered: 09/21/2018)
2018-09-2412TRANSCRIPT OF PROCEEDINGS before Judge Randolph D. Moss held on September 21, 2018. Page Numbers: 1 - 34. Date of Issuance: September 24, 2018. Court Reporter: Jeff Hook. Contact Information: 202-354-3373 / jeff_hook@dcd.uscourts.gov. Transcripts may be ordered by submitting the Transcript Order Form For the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or p urchased 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 10/15/2018. Redacted Transcript Deadline set for 10/25/2018. Release of Transcript Restriction set for 12/23/2018.(Hook, Jeff) (Entered: 09/24/2018)
2018-09-25MINUTE ORDER: Upon consideration of the Motion for Leave to Appear Pro Hac Vice 8 , it is hereby ORDERED that the motion is GRANTED. Katherine M. Anthony may appear pro hac vice in this case. Signed by Judge Randolph D. Moss on 9/25/2018. (lcrdm2, ) (Entered: 09/25/2018)
2018-09-2613SUMMONS (1) Issued Electronically as to U.S. DEPARTMENT OF JUSTICE. (ztd) (Entered: 09/26/2018)
2018-09-2814Joint STATUS REPORT by U.S. CENTRAL INTELLIGENCE AGENCY, U.S. DEPARTMENT OF JUSTICE, U.S. NATIONAL ARCHIVES AND RECORDS ADMINISTRATION. (Pezzi, Stephen) (Entered: 09/28/2018)
2018-09-28MINUTE ORDER: In light of the parties' joint status report, Dkt. 14 , it is hereby ORDERED that the parties shall file a further joint status report on or before 2:00 p.m. October 5, 2018. Signed by Judge Randolph D. Moss on 9/28/2018. (lcrdm2, ) (Entered: 09/28/2018)
2018-09-28Set/Reset Deadlines: Joint Status Report due by 2:00 p.m. on 10/5/2018. (kt) (Entered: 09/28/2018)
2018-10-0115NOTICE of Change of Address by Stephen M. Pezzi (Pezzi, Stephen) (Entered: 10/01/2018)
2018-10-0516Joint STATUS REPORT by RICHARD BLUMENTHAL, CORY A. BOOKER, KAMALA D. HARRIS, MAZIE K. HIRONO, PATRICK LEAHY, SHELDON WHITEHOUSE. (France, Elizabeth) (Entered: 10/05/2018)
2018-10-05MINUTE ORDER: In light of the parties' joint status report, Dkt. 16 , it is hereby ORDERED that the parties shall file a further joint status report on or before 5:00 p.m. October 10, 2018. Signed by Judge Randolph D. Moss on 10/5/2018. (lcrdm2, ) (Entered: 10/05/2018)
2018-10-05Set/Reset Deadlines: Joint Status Report due by 10/10/2018. (kt) (Entered: 10/05/2018)
2018-10-1017Joint MOTION for Extension of Time to File Joint Status Report by U.S. CENTRAL INTELLIGENCE AGENCY, U.S. DEPARTMENT OF JUSTICE, U.S. NATIONAL ARCHIVES AND RECORDS ADMINISTRATION (Attachments: # 1 Text of Proposed Order)(Pezzi, Stephen) (Entered: 10/10/2018)
2018-10-10MINUTE ORDER: Upon consideration of the parties' joint motion for an extension of time to file, Dkt. 17 , it is hereby ORDERED that the motion is GRANTED. The parties shall file a joint status report on or before Friday, October 12 at 5:00 p.m. Signed by Judge Randolph D. Moss on 10/10/2018. (lcrdm2, ) (Entered: 10/10/2018)
2018-10-10Set/Reset Deadlines: Joint Status Report due by 10/12/2018, at 5:00 p.m. (kt) (Entered: 10/10/2018)
2018-10-1118RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 9/18/2018. ( Answer due for ALL FEDERAL DEFENDANTS by 10/18/2018.), RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 9/19/2018., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. CENTRAL INTELLIGENCE AGENCY SERVICE WAIVED on 9/24/2018; U.S. DEPARTMENT OF JUSTICE served on 10/4/2018; U.S. NATIONAL ARCHIVES AND RECORDS ADMINISTRATION served on 9/18/2018 (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(France, Elizabeth) Modified to edit that service was waive for CIA on 10/12/2018 (ztd). (Entered: 10/11/2018)
2018-10-1219Joint STATUS REPORT by U.S. CENTRAL INTELLIGENCE AGENCY, U.S. DEPARTMENT OF JUSTICE, U.S. NATIONAL ARCHIVES AND RECORDS ADMINISTRATION. (Attachments: # 1 Government's Exhibits)(Pezzi, Stephen) (Entered: 10/12/2018)
2018-10-1220NOTICE by RICHARD BLUMENTHAL, CORY A. BOOKER, KAMALA D. HARRIS, MAZIE K. HIRONO, PATRICK LEAHY, SHELDON WHITEHOUSE re 19 Status Report (France, Elizabeth) (Entered: 10/12/2018)
2018-10-12MINUTE ORDER: In light of the parties' joint status report, Dkt. 19 , it is hereby ORDERED that the parties shall appear for a status conference on October 19, 2018 at 2:45 p.m. in Courtroom 21. Signed by Judge Randolph D. Moss on 10/12/2018. (lcrdm2, ) (Entered: 10/12/2018)
2018-10-15Set/Reset Hearing: Status Conference set for 10/19/2018, at 2:45 PM, in Courtroom 21, before Judge Randolph D. Moss. (kt) Modified on 10/15/2018 to correct typo (kt). (Entered: 10/15/2018)
2018-10-15MINUTE ORDER: In light of the parties' joint status report, Dkt. 19 , it is hereby ORDERED that NARA will process the top-priority records agreed upon by the parties and issue any required Presidential Records Act notices regarding those records by October 31, 2018. Signed by Judge Randolph D. Moss on 10/15/2018. (lcrdm2, ) (Entered: 10/15/2018)
2018-10-15Set/Reset Deadlines: NARA will process the top-priority records agreed upon by the parties and issue any required Presidential Records Act notices regarding those records by 10/31/2018. (kt) (Entered: 10/15/2018)
2018-10-1821ANSWER to 9 Amended Complaint, by U.S. CENTRAL INTELLIGENCE AGENCY, U.S. DEPARTMENT OF JUSTICE, U.S. NATIONAL ARCHIVES AND RECORDS ADMINISTRATION.(Pezzi, Stephen) (Entered: 10/18/2018)
2018-10-19Minute Entry for proceedings held before Judge Randolph D. Moss: Status Conference held on 10/19/2018. The criminal division shall complete processing, as specified on the record, by 11/30/2018. Plaintiffs WITHDRAW their 2 and 10 Motions for Temporary Restraining Order and Preliminary Injunction. A further Status Conference is set for 11/2/2018, at 10:00 AM, in Courtroom 21 before, Judge Randolph D. Moss. (Court Reporter Jeff Hook.) (kt) Modified on 10/19/2018 to include the motion at dkt. 2 (kt). (Entered: 10/19/2018)
2018-10-3022NOTICE of Appearance by Gary Daniel Feldon on behalf of All Defendants (Feldon, Gary) (Entered: 10/30/2018)
2018-10-3123TRANSCRIPT OF PROCEEDINGS before Judge Randolph D. Moss held on October 19, 2018. Page Numbers: 1 - 33. Date of Issuance: October 31, 2018. Court Reporter: Jeff Hook. Telephone number: 202-354-3373. Transcripts may be ordered by submitting the Transcript Order Form 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 reference d 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 11/21/2018. Redacted Transcript Deadline set for 12/1/2018. Release of Transcript Restriction set for 1/29/2019.(Hook, Jeff) (Entered: 10/31/2018)
2018-11-02Minute Entry for proceedings held before Judge Randolph D. Moss: Status Conference held on 11/2/2018. Joint Status Report as to the OLC records due on or before 12/7/2018. Joint Status Report addressing the production rate for the criminal division due on or before 11/9/2018. Court Reporter: Bryan Wayne.) (kt) (Entered: 11/02/2018)
2018-11-0824Joint STATUS REPORT by U.S. CENTRAL INTELLIGENCE AGENCY, U.S. DEPARTMENT OF JUSTICE, U.S. NATIONAL ARCHIVES AND RECORDS ADMINISTRATION. (Feldon, Gary) (Entered: 11/08/2018)
2018-12-0725Joint STATUS REPORT by RICHARD BLUMENTHAL, CORY A. BOOKER, KAMALA D. HARRIS, MAZIE K. HIRONO, PATRICK LEAHY, SHELDON WHITEHOUSE. (France, Elizabeth) (Entered: 12/07/2018)
2018-12-10MINUTE ORDER: In light of the parties' joint status report, Dkt. 25, it is hereby ORDERED that the parties shall file a further joint status report on or before February 15, 2019, updating the Court on the status of each of Plaintiffs' requests and proposing a schedule for further proceedings, if any. Signed by Judge Randolph D. Moss on 12/10/2018. (lcrdm2, ) (Entered: 12/10/2018)
2018-12-10Set/Reset Deadlines: Joint Status Report due by 2/15/2019. (kt) (Entered: 12/10/2018)
2018-12-2326TRANSCRIPT OF 11/2/18 STATUS HEARING, before Judge Randolph D. Moss, held on November 2, 2018. Page Numbers: 1-9. Date of Issuance: 12/23/18. 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, (PDF, 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 1/13/2019. Redacted Transcript Deadline set for 1/23/2019. Release of Transcript Restriction set for 3/23/2019.(Wayne, Bryan) (Entered: 12/23/2018)
2018-12-2627MOTION to Stay All Proceedings in Light of Lapse in Appropriations by U.S. CENTRAL INTELLIGENCE AGENCY, U.S. DEPARTMENT OF JUSTICE, U.S. NATIONAL ARCHIVES AND RECORDS ADMINISTRATION (Pezzi, Stephen) (Entered: 12/26/2018)
2018-12-27MINUTE ORDER: Upon consideration of Defendants motion to stay, Dkt. 27 , it is hereby ORDERED that the motion is GRANTED. This case shall be stayed until further order of the Court. It is further ORDERED that the parties shall meet and confer and submit a revised briefing schedule as soon as Congress appropriates funding for the Defendants to resume work. Signed by Judge Randolph D. Moss on 12/27/2018. (lcrdm2, ) (Entered: 12/27/2018)
2019-01-2828NOTICE to the Court of Restoration of Appropriations by U.S. CENTRAL INTELLIGENCE AGENCY, U.S. DEPARTMENT OF JUSTICE, U.S. NATIONAL ARCHIVES AND RECORDS ADMINISTRATION (Pezzi, Stephen) (Entered: 01/28/2019)
2019-01-31MINUTE ORDER: Given that funding has been restored for the Department of Justice, it is hereby ORDERED that the stay in this case is lifted. It is further ORDERED that the parties shall meet and confer and submit a revised briefing schedule on or before Friday, February 1, 2019. Signed by Judge Randolph D. Moss on 1/31/2019. (lcrdm2, ) (Entered: 01/31/2019)
2019-01-31Set/Reset Deadlines: The parties shall meet and confer and submit a revised briefing schedule on or before 2/1/2019. (kt) (Entered: 01/31/2019)
2019-02-0129Joint STATUS REPORT AND PROPOSED SCHEDULE by RICHARD BLUMENTHAL, CORY A. BOOKER, KAMALA D. HARRIS, MAZIE K. HIRONO, PATRICK LEAHY, SHELDON WHITEHOUSE. (France, Elizabeth) (Entered: 02/01/2019)
2019-02-03MINUTE ORDER: In light of the parties' joint status report, Dkt. 29, it is hereby ORDERED that the parties shall file a further joint status report on or before March 25, 2019. Signed by Judge Randolph D. Moss on 2/3/2019. (lcrdm2, ) (Entered: 02/03/2019)
2019-02-04Set/Reset Deadlines: Joint Status Report due by 3/25/2019. (kt) (Entered: 02/04/2019)
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