Case Detail

FOIA Project Annotation: Judge Dabney Friedrich has ruled that OMB failed to conduct an adequate search for records in response to two FOIA requests from American Oversight concerning allegations of White House interference in plans to relocate the FBI's headquarters because the agency improperly limited its search terms. OMB told American Oversight that its 16 search terms were overly broad. It conducted modified searches and while the searches yielded a large number of potentially responsive records, by the time OMB reviewed the records it concluded that only a handful were responsive. OMB ultimately disclosed four documents. American Oversight challenged the adequacy of the search. Friedrich agreed with American Oversight that the limitations OMB had put on the search terms made the search inadequate. She noted that "to begin with, while the request sought all. . .communications. . .regarding the FBI headquarters consolidation project,' OMB's search would not have captured documents referring to the FBI's headquarters by any name other than 'FBI headquarters' or 'FBI HQ.' Such a search could not be 'reasonably expected to produce' all communications regarding the FBI headquarters consolidation project." Friedrich rejected OMB's claim that "several of American Oversight's proposed search terms on the ground that the search term would return too many impertinent results." But Friedrich observed that 'even so, OMB could have used other search terms such as 'Trump Org' or 'Trump Hotels' to limit the result of the search to those relevant to American Oversight's request." Friedrich found OMB's search for the records responsive to American Oversight's second request lacking as well. She pointed out that the second search "imposed a subject matter limitation that was not present in either part of American Oversight's second request." She explained that "OMB justified this course of action by stating that both parts of the request 'did not expressly state a subject matter' and were thus 'overly broad.'" Friedrich observed that "nothing in the request, however, incorporated any limitation from those introductory paragraphs" and added that 'both parts of American Oversight's second request were more straightforward than the searches that OMB ultimately conducted." OMB withheld 12 documents under the presidential communications privilege. OMB had divided the 12 documents into four categories. While Friedrich agreed with OMB that one category clearly was privileged, the agency had not yet shown the privilege's applicability to the other three categories. She noted that "with respect to three of the above categories, OMB has failed to allege that the withheld documents related to matters of presidential decisionmaking. This Court has previously refused to grant summary judgment to an agency asserting the presidential communications privilege absent such allegations."
Issues: Adequacy - Search

Date Filed	Doc #	Docket Text
2018-10-23	1	COMPLAINT against OFFICE OF MANAGEMENT AND BUDGET ( Filing fee $ 400 receipt number 0090-5753933) filed by AMERICAN OVERSIGHT. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons, # 4 Summons)(Cafasso, Cerissa) (Entered: 10/23/2018)
2018-10-23	2	LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by AMERICAN OVERSIGHT (Cafasso, Cerissa) (Entered: 10/23/2018)
2018-10-25		Case Assigned to Judge Dabney L. Friedrich. (zjd) (Entered: 10/25/2018)
2018-10-25	3	SUMMONS (3) Issued Electronically as to OFFICE OF MANAGEMENT AND BUDGET, U.S. Attorney and U.S. Attorney General. (Attachment: # 1 Notice and Consent)(zjd) (Entered: 10/25/2018)
2018-11-15	4	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 10/25/2018. ( Answer due for ALL FEDERAL DEFENDANTS by 11/24/2018.), RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 10/31/2018., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. OFFICE OF MANAGEMENT AND BUDGET served on 10/31/2018 (Cafasso, Cerissa) (Entered: 11/15/2018)
2018-11-16	5	NOTICE of Appearance by Peter T. Wechsler on behalf of OFFICE OF MANAGEMENT AND BUDGET (Wechsler, Peter) (Entered: 11/16/2018)
2018-11-16	6	Unopposed MOTION for Extension of Time to File Answer by OFFICE OF MANAGEMENT AND BUDGET (Attachments: # 1 Text of Proposed Order)(Wechsler, Peter) (Entered: 11/16/2018)
2018-11-20		MINUTE ORDER. Upon consideration of the defendant's 6 Motion for Extension of Time, which is unopposed, it is ORDERED that the motion is GRANTED. The defendant shall respond to the complaint on or before December 10, 2018. Signed by Judge Dabney L. Friedrich on November 20, 2018. (JK) (Entered: 11/20/2018)
2018-12-07	7	ANSWER to Complaint by OFFICE OF MANAGEMENT AND BUDGET.(Wechsler, Peter) (Entered: 12/07/2018)
2018-12-11		MINUTE ORDER requiring the parties to MEET AND CONFER and file a joint status report proposing a schedule for further proceedings. The status report should address the status of the plaintiff's FOIA request, including the anticipated number of documents responsive to the request and the anticipated date(s) for release of the requested documents. The parties shall file the joint status report on or before January 4, 2018. Signed by Judge Dabney L. Friedrich on December 11, 2018. (JK) (Entered: 12/11/2018)
2018-12-26	8	MOTION to Stay by OFFICE OF MANAGEMENT AND BUDGET (Attachments: # 1 Text of Proposed Order)(Wechsler, Peter) (Entered: 12/26/2018)
2018-12-27		MINUTE ORDER granting the defendant's 8 Motion for Stay of the Deadline for the Parties to Submit a Joint Status Report in Light of Lapse of Appropriations. Accordingly, it is ORDERED that this case is STAYED until Congress has restored appropriations to the Department of Justice. It is further ORDERED that the defendants shall promptly notify the Court as soon as appropriations are restored, and at that time the parties shall file a joint status report proposing a schedule for further proceedings. Signed by Judge Dabney L. Friedrich on December 27, 2018. (JK) (Entered: 12/27/2018)
2018-12-27		Case Stayed. (jl) (Entered: 12/28/2018)
2019-01-28	9	NOTICE of restoration of appropriations by OFFICE OF MANAGEMENT AND BUDGET (Wechsler, Peter) (Entered: 01/28/2019)
2019-02-04	10	Joint STATUS REPORT by AMERICAN OVERSIGHT. (Wood, Hart) (Entered: 02/04/2019)
2019-02-05		MINUTE ORDER. Upon consideration of the parties' 10 Joint Status Report, it is ORDERED that the parties shall submit another joint status report on or before February 20, 2019. Signed by Judge Dabney L. Friedrich on February 5, 2019. (JK) (Entered: 02/05/2019)
2019-02-05	11	NOTICE of Appearance by Hart W. Wood on behalf of AMERICAN OVERSIGHT (Wood, Hart) (Entered: 02/05/2019)
2019-02-21	12	Joint STATUS REPORT by OFFICE OF MANAGEMENT AND BUDGET. (Wechsler, Peter) (Entered: 02/21/2019)
2019-02-22	13	RESPONSE re 12 Status Report filed by AMERICAN OVERSIGHT. (Cafasso, Cerissa) (Entered: 02/22/2019)
2019-02-25	14	RESPONSE to Plaintiff's Statement filed by OFFICE OF MANAGEMENT AND BUDGET. (Attachments: # 1 Exhibit plaintiff's statement)(Wechsler, Peter) (Entered: 02/25/2019)
2019-02-25	15	RESPONSE re 14 Response to Document filed by AMERICAN OVERSIGHT. (Attachments: # 1 Declaration Decl. of Cerissa Cafasso, # 2 Exhibit Exhibit 1 to Decl.)(Wood, Hart) (Entered: 02/25/2019)
2019-03-04		MINUTE ORDER. Upon review of the parties' recent filings, it appears that the parties did not confer about their proposed schedules for further proceedings. Accordingly, it is ORDERED that the parties shall confer and file a joint proposed schedule on or before March 15, 2019. If the parties remain unable to agree on a schedule, the Court will impose one. Signed by Judge Dabney L. Friedrich on March 4, 2019. (JK) (Entered: 03/04/2019)
2019-03-15	16	PROPOSED BRIEFING SCHEDULE by AMERICAN OVERSIGHT. (Wood, Hart) (Entered: 03/15/2019)
2019-03-18		MINUTE ORDER adopting the schedule in the parties' 16 Joint Proposed Schedule. The defendant shall file its motion for summary judgment on or before May 20, 2019; the plaintiff shall file its opposition and any cross-motion for summary judgment on or before June 21, 2019; the defendant shall file any reply and cross-opposition on or before July 12, 2019; and the plaintiff shall file any reply on or before July 26, 2019. Signed by Judge Dabney L. Friedrich on March 18, 2019. (lcdlf2) (Entered: 03/18/2019)
2019-03-18		Set/Reset Deadlines/Hearings: Defendant's Summary Judgment motion due by 5/20/2019. Response to Motion for Summary Judgment due by 6/21/2019. Reply to Motion for Summary Judgment due by 7/12/2019. Plaintiff's Cross Motion due by 6/21/2019. Response to Cross Motion due by 7/12/2019. Reply to Cross Motion due by 7/26/2019. (zcdw) (Entered: 03/23/2019)
2019-05-16	17	Joint STATUS REPORT by OFFICE OF MANAGEMENT AND BUDGET. (Wechsler, Peter) (Entered: 05/16/2019)
2019-05-17		MINUTE ORDER. In light of the parties' 17 Joint Status Report, the Court adopts the parties' jointly proposed briefing schedule. The defendant shall file its motion for summary judgment on or before May 28, 2019; the plaintiff shall file its opposition and any cross-motion for summary judgment on or before June 28, 2019; the defendant shall file any reply and cross-opposition on or before July 19, 2019; and the plaintiff shall file any reply on or before August 2, 2019. Signed by Judge Dabney L. Friedrich on May 17, 2019. (lcdlf3) (Entered: 05/17/2019)
2019-05-17		Set/Reset Deadlines: Summary Judgment motions due by 5/28/2019. Cross Motions due by 6/28/2019. Response to Motion for Summary Judgment due by 6/28/2019. Response to Cross Motions due by 7/19/2019. Reply to Motion for Summary Judgment due by 7/19/2019. Reply to Cross Motions due by 8/12/2019. (zcal) (Entered: 05/17/2019)
2019-05-28	18	MOTION for Summary Judgment by OFFICE OF MANAGEMENT AND BUDGET (Attachments: # 1 Memorandum in Support, # 2 Declaration of Heather Walsh, # 3 Statement of Facts, # 4 Text of Proposed Order)(Wechsler, Peter) (Entered: 05/28/2019)
2019-06-28	19	Cross MOTION for Summary Judgment and Opposition to Defendant's Motion for Summary Judgment by AMERICAN OVERSIGHT (Attachments: # 1 Memorandum in Support of Plaintiff's Cross-Motion for Summary Judgment and in Opposition to Defendant's Motion for Summary Judgment, # 2 Text of Proposed Order, # 3 Declaration of Hart Wood in Support of Plaintiff's Cross-Motion for Summary Judgment and in Opposition to Defendant's Motion for Summary Judgment, # 4 Plaintiff's Statement of Material Facts)(Wood, Hart) (Entered: 06/28/2019)
2019-06-28	20	Memorandum in opposition to re 18 MOTION for Summary Judgment filed by AMERICAN OVERSIGHT. (See Docket Entry 19 to view document). (znmw) (Entered: 07/01/2019)
2019-07-19	21	Memorandum in opposition to re 19 Cross MOTION for Summary Judgment and Opposition to Defendant's Motion for Summary Judgment filed by OFFICE OF MANAGEMENT AND BUDGET. (Attachments: # 1 Declaration second of Heather Walsh, # 2 Statement of Facts response to plaintiff's statement of facts)(Wechsler, Peter) (Entered: 07/19/2019)
2019-07-19	22	REPLY to opposition to motion re 18 MOTION for Summary Judgment filed by OFFICE OF MANAGEMENT AND BUDGET. (Attachments: # 1 Declaration second of Heather Walsh)(Wechsler, Peter) (Entered: 07/19/2019)
2019-08-02	23	REPLY to opposition to motion re 19 Cross MOTION for Summary Judgment and Opposition to Defendant's Motion for Summary Judgment filed by AMERICAN OVERSIGHT. (Wood, Hart) (Entered: 08/02/2019)
2019-10-22	24	WITHDRAWN PURSUANT TO 25 NOTICE OF WITHDRAWAL.....Cross MOTION for Summary Judgment and Opposition to Defendant's Motion for Summary Judgment by AMERICAN OVERSIGHT (Attachments: # 1 Memorandum in Support of Plaintiff's Cross-Motion for Summary Judgment and in Opposition to Defendant's Motion for Summary Judgment, # 2 Text of Proposed Order, # 3 Declaration of Hart Wood in Support of Plaintiff's Cross-Motion for Summary Judgment and in Opposition to Defendant's Motion for Summary Judgment, # 4 Statement of Facts)(Wood, Hart) Modified on 10/23/2019 (jf). (Entered: 10/22/2019)
2019-10-23	25	NOTICE OF WITHDRAWAL OF MOTION by AMERICAN OVERSIGHT re 24 Cross MOTION for Summary Judgment and Opposition to Defendant's Motion for Summary Judgment (Wood, Hart) (Entered: 10/23/2019)
2019-10-23	26	NOTICE OF WITHDRAWAL OF APPEARANCE as to AMERICAN OVERSIGHT. Attorney Cerissa Cafasso terminated. (Cafasso, Cerissa) (Entered: 10/23/2019)
2020-03-23	27	NOTICE OF SUBSTITUTION OF COUNSEL by Martin M. Tomlinson on behalf of All Defendants Substituting for attorney Peter T. Wechsler (Tomlinson, Martin) (Entered: 03/23/2020)
2020-03-31	28	MEMORANDUM OPINION AND ORDER granting in part and denying in part the defendant's 18 Motion for Summary Judgment, denying without prejudice the plaintiff's 19 Cross-Motion for Summary Judgment. See text for details. Signed by Judge Dabney L. Friedrich on March 31, 2020. (lcdlf2) (Entered: 03/31/2020)
2020-03-31		Set/Reset Deadlines: Defendant's Supplemental Memorandum due by 6/1/2020. (zjch) (Entered: 04/01/2020)
2020-05-21	29	Consent MOTION for Extension of Time to Supplement the Record by OFFICE OF MANAGEMENT AND BUDGET (Attachments: # 1 Text of Proposed Order)(Tomlinson, Martin) (Entered: 05/21/2020)
2020-05-22		MINUTE ORDER granting the defendant's 29 Consent Motion to Extend its production deadline. Accordingly, the defendant shall supplement the record and, if warranted, release any additional records on or before July 1, 2020. So Ordered by Judge Dabney L. Friedrich on May 22, 2020. (lcdlf3) (Entered: 05/22/2020)
2020-07-01	30	Joint MOTION to Vacate Deadline and Set Production Schedule by OFFICE OF MANAGEMENT AND BUDGET (Tomlinson, Martin) (Entered: 07/01/2020)
2020-07-02		MINUTE ORDER granting the defendant's 30 Joint Motion to Vacate Deadline and Set Production Schedule. Accordingly, the defendant's July 1, 2020 deadline to supplement the record is VACATED and the defendant is ORDERED to provide releases of responsive records on a monthly basis beginning on July 31, 2020. It is further ORDERED that the parties shall file a joint status report on or before August 27, 2020. So Ordered by Judge Dabney L. Friedrich on July 2, 2020. (lcdlf3) (Entered: 07/02/2020)
2020-08-27	31	Joint STATUS REPORT by AMERICAN OVERSIGHT. (Wood, Hart) (Entered: 08/27/2020)
2020-08-28		MINUTE ORDER. Upon consideration of the parties' 31 Joint Status Report, it is ORDERED that the parties shall submit another joint status report on or before October 26, 2020. So Ordered by Judge Dabney L. Friedrich on August 28, 2020. (lcdlf3) (Entered: 08/28/2020)
2020-08-28		Set/Reset Deadlines: Status Report due by 10/26/2020 (zjch) (Entered: 08/31/2020)
2020-10-26	32	Joint STATUS REPORT by OFFICE OF MANAGEMENT AND BUDGET. (Tomlinson, Martin) (Entered: 10/26/2020)
2020-10-26		MINUTE ORDER. Upon consideration of the parties' 32 Joint Status Report, the parties are directed to file another joint status report on or before January 4, 2020. So Ordered by Judge Dabney L. Friedrich on October 26, 2020. (lcdlf3) (Entered: 10/26/2020)
2020-10-26		Set/Reset Deadlines: Status Report due by 1/4/2021 (zjch) (Entered: 10/27/2020)
2021-01-04	33	Joint STATUS REPORT by OFFICE OF MANAGEMENT AND BUDGET. (Tomlinson, Martin) (Entered: 01/04/2021)
2021-01-04		MINUTE ORDER. Upon consideration of the parties' 33 Joint Status Report, the parties are directed to file another joint status report on or before February 4, 2021. So Ordered by Judge Dabney L. Friedrich on January 4, 2021. (lcdlf3) (Entered: 01/04/2021)
2021-01-04		Set/Reset Deadlines: Status Report due by 2/4/2021 (zjch) (Entered: 01/05/2021)
2021-02-04	34	Joint STATUS REPORT by AMERICAN OVERSIGHT. (Wood, Hart) (Entered: 02/04/2021)
2021-02-04		MINUTE ORDER. Upon consideration of the parties' 34 Joint Status Report, it is ORDERED that the parties shall file another joint status report on or before April 5, 2021. So ordered by Judge Dabney L. Friedrich on February 4, 2021. (lcdlf3) (Entered: 02/04/2021)
2021-02-04		Set/Reset Deadlines: Status Report due by 4/5/2021 (zjch) (Entered: 02/05/2021)
2021-03-18	35	NOTICE OF SUBSTITUTION OF COUNSEL by Lisa Ann Olson on behalf of OFFICE OF MANAGEMENT AND BUDGET Substituting for attorney Martin M. Tomlinson (Olson, Lisa) (Entered: 03/18/2021)
2021-04-05	36	Joint STATUS REPORT by AMERICAN OVERSIGHT. (Wood, Hart) (Entered: 04/05/2021)
2021-04-05		MINUTE ORDER. Upon consideration of the parties' 36 Joint Status Report, the parties are ORDERED to file another joint status report on or before June 4, 2021. So ordered by Judge Dabney L. Friedrich on April 5, 2021. (lcdlf3) (Entered: 04/05/2021)
2021-04-05		Set/Reset Deadlines: Status Report due by 6/4/2021 (zjch) (Entered: 04/05/2021)
2021-06-04	37	Joint STATUS REPORT by AMERICAN OVERSIGHT. (Wood, Hart) (Entered: 06/04/2021)
2021-06-04		MINUTE ORDER. Upon consideration of the parties' joint status report, the parties are directed to file another joint status report on or before August 3, 2021. So ordered by Judge Dabney L. Friedrich on June 4, 2021. (lcdlf3) (Entered: 06/04/2021)
2021-06-04		Set/Reset Deadlines: Status Report due by 8/3/2021 (zjch) (Entered: 06/07/2021)
2021-08-03	38	Joint STATUS REPORT by AMERICAN OVERSIGHT. (Wood, Hart) (Entered: 08/03/2021)
2021-08-03		MINUTE ORDER. Upon consideration of the parties' 38 Joint Status Report, the parties are directed to file another joint status report on or before October 1, 2021. So Ordered by Judge Dabney L. Friedrich on August 3, 2021. (lcdlf3) (Entered: 08/03/2021)
2021-08-03		Set/Reset Deadlines: Status Report due by 10/1/2021 (zjch) (Entered: 08/04/2021)
2021-10-01	39	Joint STATUS REPORT by AMERICAN OVERSIGHT. (Wood, Hart) (Entered: 10/01/2021)
2021-10-01		MINUTE ORDER. Upon consideration of the parties' 39 Joint Status Report, the parties are directed to file another joint status report on or before November 30, 2021. So Ordered by Judge Dabney L. Friedrich on October 1, 2021. (lcdlf3) (Entered: 10/01/2021)
2021-11-30	40	Joint STATUS REPORT by AMERICAN OVERSIGHT. (Wood, Hart) (Entered: 11/30/2021)
2021-11-30		MINUTE ORDER. Upon consideration of the parties' 40 Joint Status Report, the parties are directed to file another joint status report on or before January 31, 2022. So Ordered by Judge Dabney L. Friedrich on November 30, 2021. (lcdlf3) (Entered: 11/30/2021)
2022-01-31	41	Joint STATUS REPORT by AMERICAN OVERSIGHT. (Wood, Hart) (Entered: 01/31/2022)
2022-01-31		MINUTE ORDER. Upon consideration of the parties' 41 Joint Status Report, the parties are directed to file another joint status report on or before April 1, 2022. So Ordered by Judge Dabney L. Friedrich on January 31, 2022. (lcdlf3) (Entered: 01/31/2022)
2022-03-31	42	STIPULATION of Dismissal by AMERICAN OVERSIGHT. (Wood, Hart) (Entered: 03/31/2022)
2022-03-31		MINUTE ORDER. Upon consideration of the parties' 42 Joint Stipulation of Dismissal, it is hereby ORDERED that the case is DISMISSED WITH PREJUDICE. See Fed. R. Civ. P. 41(a)(1)(A)(ii). The Clerk of Court is directed to close this case. So Ordered by Judge Dabney L. Friedrich on March 31, 2022. (lcdlf3) (Entered: 03/31/2022)
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