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Case TitleWP COMPANY LLC v. SPECIAL INSPECTOR GENERAL FOR AFGHANISTAN RECONSTRUCTION
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2018cv02622
Date Filed2018-11-14
Date ClosedOpen
JudgeJudge Amy Berman Jackson
PlaintiffWP COMPANY LLC
doing business as WASHINGTON POST
Case DescriptionWashington Post reporter Craig Whitlock submitted a FOIA request to the Special Inspector General for Afghanistan Reconstruction for records concerning transcripts and audio recordings of interviews conducted for SIGAR's "Lessons Learned Program." The agency acknowledged receipt of the request, but refused to provide identities for all the interviewees. The agency disclosed about half of the records, but after hearing nothing further from the agency, the Post filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantSPECIAL INSPECTOR GENERAL FOR AFGHANISTAN RECONSTRUCTION
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
Complaint attachment 9
Complaint attachment 10
Complaint attachment 11
Complaint attachment 12
Complaint attachment 13
Complaint attachment 14
Complaint attachment 15
Opinion/Order [28]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2018-11-141COMPLAINT WP COMPANY LLC d/b/a THE WASHINGTON POST against All Defendants SPECIAL INSPECTOR GENERAL FOR AFGHANISTAN RECONSTRUCTION ( Filing fee $ 400 receipt number 0090-5790610) filed by WASHINGTON POST COMPANY. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Exhibit Exhibit C, # 4 Exhibit Exhibit D, # 5 Exhibit Exhibit E, # 6 Exhibit Exhibit F, # 7 Exhibit Exhibit G, # 8 Exhibit Exhibit H, # 9 Exhibit Exhibit I, # 10 Exhibit Exhibit J, # 11 Exhibit Exhibit K, # 12 Civil Cover Sheet Civil Cover Sheet, # 13 Summons SIGAR Summons, # 14 Summons Whitaker Summons, # 15 Summons Liu Summons)(Tobin, Charles) (Entered: 11/14/2018)
2018-11-142NOTICE OF RELATED CASE by All Plaintiffs. Case related to Case No. 1:17-cv-2114. (Tobin, Charles) (Entered: 11/14/2018)
2018-11-143LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by WASHINGTON POST COMPANY (Tobin, Charles) (Entered: 11/14/2018)
2018-11-15Case Assigned to Judge Amy Berman Jackson. (zrdj) (Entered: 11/15/2018)
2018-11-154SUMMONS (3) Issued Electronically as to SPECIAL INSPECTOR GENERAL FOR AFGHANISTAN RECONSTRUCTION, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(zrdj) (Entered: 11/15/2018)
2018-11-215RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 11/16/2018. Answer due for ALL FEDERAL DEFENDANTS by 12/16/2018. (Tobin, Charles) (Entered: 11/21/2018)
2018-11-216RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 11/16/2018. (Tobin, Charles) (Entered: 11/21/2018)
2018-11-217RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. SPECIAL INSPECTOR GENERAL FOR AFGHANISTAN RECONSTRUCTION served on 11/19/2018 (Tobin, Charles) (Entered: 11/21/2018)
2018-12-178NOTICE of Appearance by Michael Fraser Knapp on behalf of SPECIAL INSPECTOR GENERAL FOR AFGHANISTAN RECONSTRUCTION (Knapp, Michael) (Entered: 12/17/2018)
2018-12-179ANSWER to Complaint by SPECIAL INSPECTOR GENERAL FOR AFGHANISTAN RECONSTRUCTION. (Attachments: # 1 Exhibit 1 - SIGAR ltr to WP (May 31, 2017))(Knapp, Michael) (Entered: 12/17/2018)
2018-12-19MINUTE ORDER. 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 January 22, 2019. SO ORDERED. Signed by Judge Amy Berman Jackson on 12/19/2018. (lcabj3) (Entered: 12/19/2018)
2019-01-1710Unopposed MOTION to Stay by SPECIAL INSPECTOR GENERAL FOR AFGHANISTAN RECONSTRUCTION (Attachments: # 1 Text of Proposed Order)(Knapp, Michael) (Entered: 01/17/2019)
2019-01-18MINUTE ORDER granting 10 Motion to Stay. The government must file a notice within two days of the resumption of operations and it should include a proposed revised schedule if necessary. SO ORDERED. Signed by Judge Amy Berman Jackson on 01/18/2019. (lcabj3) (Entered: 01/18/2019)
2019-01-2811NOTICE of Restoration of Appropriations by SPECIAL INSPECTOR GENERAL FOR AFGHANISTAN RECONSTRUCTION (Knapp, Michael) (Entered: 01/28/2019)
2019-01-29MINUTE ORDER. In light of the government's notice 11 , the stay in this case is lifted. The Court considered both the plaintiff's justifiable frustration with the pace of the government's compliance with its FOIA obligations and the representations of the defendant, however given the burdens placed upon all of the agencies and federal employees due to the shutdown, the Court finds that the defendant's request for a modest extension is not unreasonable. Accordingly, defendant must file a dispositive motion or a report with a production schedule by February 11, 2019. SO ORDERED. Signed by Judge Amy Berman Jackson on 01/29/2019. (lcabj3) (Entered: 01/29/2019)
2019-02-1112STATUS REPORT SETTING FORTH PRODUCTION SCHEDULE by SPECIAL INSPECTOR GENERAL FOR AFGHANISTAN RECONSTRUCTION. (Knapp, Michael) (Entered: 02/11/2019)
2019-02-12MINUTE ORDER. After considering the parties' positions 12 , the Court will establish the following schedule: defendant must make its next production by March 11, 2019, and it must produce the remainder of the records on a rolling basis with the goal of completing the production by May 15, 2019. Defendant must also file a status report by March 12, 2019. SO ORDERED. Signed by Judge Amy Berman Jackson on 02/12/2019. (lcabj3) (Entered: 02/12/2019)
2019-03-1213STATUS REPORT by SPECIAL INSPECTOR GENERAL FOR AFGHANISTAN RECONSTRUCTION. (Knapp, Michael) (Entered: 03/12/2019)
2019-03-14MINUTE ORDER. Defendant must file an updated status report by May 15, 2019. SO ORDERED. Signed by Judge Amy Berman Jackson on 03/14/2019. (lcabj3) (Entered: 03/14/2019)
2019-05-1514STATUS REPORT by SPECIAL INSPECTOR GENERAL FOR AFGHANISTAN RECONSTRUCTION. (Knapp, Michael) (Entered: 05/15/2019)
2019-05-16MINUTE ORDER. Defendant must file an updated status report by June 17, 2019. SO ORDERED. Signed by Judge Amy Berman Jackson on 05/16/2019. (lcabj3) (Entered: 05/16/2019)
2019-06-1715STATUS REPORT by SPECIAL INSPECTOR GENERAL FOR AFGHANISTAN RECONSTRUCTION. (Knapp, Michael) (Entered: 06/17/2019)
2019-06-1716RESPONSE re 15 Status Report filed by WP COMPANY LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Tobin, Charles) (Entered: 06/17/2019)
2019-06-1717PROPOSED BRIEFING SCHEDULE by WP COMPANY LLC. (See Docket Entry 16 to view document) (jf) (Entered: 06/18/2019)
2019-06-20MINUTE ORDER. The Court considered plaintiff's objections and desire for expedition, but it will enter the government's proposed schedule under the circumstances. However, given the expansive nature of the schedule, the defendant will need to point to some exigent circumstance other than the mere fact of the assignment of new counsel or the "press of other business" to justify any request for an additional extension. Defendant's motion for summary judgment will be due by August 16, 2019. Plaintiff's combined opposition and cross-motion for summary judgment will be due by September 6, 2019. Defendant's combined reply in support of its motion and opposition to plaintiff's cross-motion will be due on September 20, 2019. Plaintiff's reply in support of its cross-motion will be due on September 27, 2019. SO ORDERED. Signed by Judge Amy Berman Jackson on 06/20/2019. (lcabj3) (Entered: 06/20/2019)
2019-08-1518NOTICE OF SUBSTITUTION OF COUNSEL by Sophie Kaiser on behalf of SPECIAL INSPECTOR GENERAL FOR AFGHANISTAN RECONSTRUCTION Substituting for attorney Michael Fraser Knapp (Kaiser, Sophie) (Entered: 08/15/2019)
2019-08-1619MOTION for Summary Judgment by SPECIAL INSPECTOR GENERAL FOR AFGHANISTAN RECONSTRUCTION (Attachments: # 1 Memorandum in Support, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Declaration Hubbard, # 5 Exhibit 3 - SIGAR Vaughn, # 6 Declaration Stein & State Vaughn, # 7 Declaration Hertel, # 8 Declaration Herrington, # 9 Declaration Boiselle, # 10 Statement of Facts, # 11 Text of Proposed Order)(Kaiser, Sophie) (Entered: 08/16/2019)
2019-08-3020NOTICE of Appearance by Matthew E. Kelley on behalf of WP COMPANY LLC (Kelley, Matthew) (Entered: 08/30/2019)
2019-09-0621Memorandum in opposition to re 19 MOTION for Summary Judgment filed by WP COMPANY LLC. (Attachments: # 1 Response to Defendant's Statement of Undisputed Material Facts, # 2 Declaration of Craig Whitlock, # 3 Declaration of Charles D. Tobin, # 4 Tobin Decl., Ex. 1, # 5 Tobin Decl., Ex. 2, # 6 Tobin Decl., Ex. 3, # 7 Tobin Decl., Ex. 4, # 8 Tobin Decl., Ex. 5, # 9 Tobin Decl., Ex. 6, # 10 Tobin Decl., Ex. 7, # 11 Tobin Decl., Ex. 8, # 12 Tobin Decl., Ex. 9, # 13 Tobin Decl., Ex. 10, # 14 Tobin Decl., Ex. 11, # 15 Tobin Decl., Ex. 12, # 16 Tobin Decl., Ex. 13, # 17 Tobin Decl., Ex. 14, # 18 Tobin Decl., Ex. 15, # 19 Tobin Decl., Ex. 16, # 20 Tobin Decl., Ex. 17, # 21 Tobin Decl., Ex. 18, # 22 Tobin Decl., Ex. 19, # 23 Tobin Decl., Ex. 20, # 24 Tobin Decl., Ex. 21, # 25 Text of Proposed Order)(Tobin, Charles) (Entered: 09/06/2019)
2019-09-0622Cross MOTION for Summary Judgment by WP COMPANY LLC (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Declaration of Craig Whitlock, # 4 Declaration of Charles D. Tobin, # 5 Tobin Decl., Ex. 1, # 6 Tobin Decl., Ex. 2, # 7 Tobin Decl., Ex. 3, # 8 Tobin Decl., Ex. 4, # 9 Tobin Decl., Ex. 5, # 10 Tobin Decl., Ex. 6, # 11 Tobin Decl., Ex. 7, # 12 Tobin Decl., Ex. 8, # 13 Tobin Decl., Ex. 9, # 14 Tobin Decl., Ex. 10, # 15 Tobin Decl., Ex. 11, # 16 Tobin Decl., Ex. 12, # 17 Tobin Decl., Ex. 13, # 18 Tobin Decl., Ex. 14, # 19 Tobin Decl., Ex. 15, # 20 Tobin Decl., Ex. 16, # 21 Tobin Decl., Ex. 17, # 22 Tobin Decl., Ex. 18, # 23 Tobin Decl., Ex. 19, # 24 Tobin Decl., Ex. 20, # 25 Tobin Decl., Ex. 21, # 26 Text of Proposed Order)(Tobin, Charles) (Entered: 09/06/2019)
2019-09-2023Memorandum in opposition to re 22 Cross MOTION for Summary Judgment filed by SPECIAL INSPECTOR GENERAL FOR AFGHANISTAN RECONSTRUCTION. (Attachments: # 1 Declaration Hubbard SIGAR Supplemental, # 2 Exhibit SIGAR Updated Vaughn, # 3 Declaration Stein State Supplemental, # 4 Statement of Facts Response to Plaintiff's SUMF, # 5 Text of Proposed Order)(Kaiser, Sophie) (Entered: 09/20/2019)
2019-09-2024REPLY to opposition to motion re 19 MOTION for Summary Judgment filed by SPECIAL INSPECTOR GENERAL FOR AFGHANISTAN RECONSTRUCTION. (Attachments: # 1 Declaration Hubbard SIGAR Supplemental, # 2 Exhibit SIGAR Updated Vaughn, # 3 Declaration Stein State Supplemental)(Kaiser, Sophie) (Entered: 09/20/2019)
2019-09-2725REPLY to opposition to motion re 22 Cross MOTION for Summary Judgment filed by WP COMPANY LLC. (Attachments: # 1 Second Declaration of Charles D. Tobin, # 2 Exhibit 1 to Second Tobin Decl., # 3 Exhibit 2 to Second Tobin Decl., # 4 Exhibit 3 to Second Tobin Decl., # 5 Exhibit 4 to Second Tobin Decl., # 6 Exhibit 5 to Second Tobin Decl., # 7 Exhibit 6 to Second Tobin Decl., # 8 Exhibit 7 to Second Tobin Decl., # 9 Exhibit 8 to Second Tobin Decl., # 10 Exhibit 9 to Second Tobin Decl., # 11 Supplemental Declaration of Craig Whitlock)(Tobin, Charles) (Entered: 09/27/2019)
2020-06-02MINUTE ORDER. In order to assist the Court in making a responsible de novo determination, SIGAR is directed to deliver to chambers for in camera inspection the 63 ROIs that have been withheld in part from plaintiff pursuant to Exemption 5, on or before June 8, 2020. See Ray v. Turner, 587 F.2d 1187, 1195 (D.C. Cir. 1978). SIGAR must clearly identify the portions of the ROIs it seeks to redact in order to aid in the determination of this issue. SIGAR may coordinate delivery with the Court's Deputy Clerk. SO ORDERED. Signed by Judge Amy Berman Jackson on 6/2/2020. (lcabj3) (Entered: 06/02/2020)
2020-06-0826NOTICE of delivery for in camera, ex parte inspection by SPECIAL INSPECTOR GENERAL FOR AFGHANISTAN RECONSTRUCTION (Kaiser, Sophie) (Entered: 06/08/2020)
2020-09-1527ORDER. Pursuant to Federal Rules of Civil Procedure 56 and 58, and for the reasons stated in the accompanying Memorandum Opinion, it is ORDERED that SIGAR's motion for summary judgment 19 and The Post's cross-motion for summary judgment 22 are both GRANTED IN PART and DENIED IN PART. See Order for complete details. SO ORDERED. Signed by Judge Amy Berman Jackson on 9/15/2020. (lcabj3) (Entered: 09/15/2020)
2020-09-1528MEMORANDUM OPINION. Signed by Judge Amy Berman Jackson on 9/15/2020. (lcabj3) (Entered: 09/15/2020)
2020-09-15MINUTE ORDER. In light of the Memorandum Opinion and Order issued today, the parties must file a joint submission with a proposed schedule for further proceedings by September 23, 2020. SO ORDERED. Signed by Judge Amy Berman Jackson on 9/15/200. (lcabj3) (Entered: 09/15/2020)
2020-09-2329Joint STATUS REPORT by SPECIAL INSPECTOR GENERAL FOR AFGHANISTAN RECONSTRUCTION. (Attachments: # 1 Declaration Hubbard (SIGAR))(Kaiser, Sophie) (Entered: 09/23/2020)
2020-09-24MINUTE ORDER. It is hereby ORDERED that defendant must complete its review of documents, produce documents, and identify and justify any withholdings by October 30, 2020, and the parties must submit a joint status report with a proposed briefing schedule if necessary, by November 10, 2020. SO ORDERED. Signed by Judge Amy Berman Jackson on 9/24/2020. (lcabj3) (Entered: 09/24/2020)
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