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Case TitleAMERICAN OVERSIGHT v. U.S. DEPARTMENT OF DEFENSE et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2018cv02720
Date Filed2018-11-21
Date ClosedOpen
JudgeJudge Colleen Kollar-Kotelly
PlaintiffAMERICAN OVERSIGHT
Case DescriptionAmerican Oversight submitted FOIA requests to the Department of Defense, the Department of Health and Human Services, the Department of Justice, the Department of State, the Department of Treasury, and the Department of Homeland Security for records concerning emails sent by or on behalf of Jared Kushner using an account that did not end in .gov. The agencies acknowledged receipt of the requests, but after hearing nothing further from the agencies, American Oversight filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantU.S. DEPARTMENT OF DEFENSE
DefendantU.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES
DefendantU.S. DEPARTMENT OF JUSTICE
DefendantU.S. DEPARTMENT OF STATE
DefendantU.S. DEPARTMENT OF THE TREASURY
DefendantU.S. DEPARTMENT OF HOMELAND SECURITY
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
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2018-11-211COMPLAINT against U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. DEPARTMENT OF JUSTICE, U.S. DEPARTMENT OF STATE, U.S. DEPARTMENT OF THE TREASURY ( Filing fee $ 400 receipt number 0090-5803860) filed by AMERICAN OVERSIGHT. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Summons, # 6 Summons, # 7 Summons, # 8 Summons, # 9 Summons)(Cafasso, Cerissa) (Entered: 11/21/2018)
2018-11-212LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by AMERICAN OVERSIGHT (Cafasso, Cerissa) (Entered: 11/21/2018)
2018-11-21Case Assigned to Judge Colleen Kollar-Kotelly. (zmd) (Entered: 11/21/2018)
2018-11-263SUMMONS (8) Issued Electronically as to U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. DEPARTMENT OF JUSTICE, U.S. DEPARTMENT OF STATE, U.S. DEPARTMENT OF THE TREASURY, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(zsb) (Entered: 11/26/2018)
2018-11-274ORDER ESTABLISHING PROCEDURES FOR CASES ASSIGNED TO JUDGE COLLEEN KOLLAR-KOTELLY. Signed by Judge Colleen Kollar-Kotelly on 11/27/18. (DM) (Entered: 11/27/2018)
2018-11-285NOTICE of Appearance by Johnny Hillary Walker, III on behalf of All Defendants (Walker, Johnny) (Entered: 11/28/2018)
2018-12-046RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 11/26/2018. ( Answer due for ALL FEDERAL DEFENDANTS by 12/26/2018.), RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 11/30/2018., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF DEFENSE served on 12/3/2018; U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES served on 11/29/2018; U.S. DEPARTMENT OF HOMELAND SECURITY served on 11/29/2018; U.S. DEPARTMENT OF JUSTICE served on 11/30/2018; U.S. DEPARTMENT OF STATE served on 12/3/2018; U.S. DEPARTMENT OF THE TREASURY served on 11/30/2018 (Attachments: # 1 Exhibit)(Cafasso, Cerissa) (Entered: 12/04/2018)
2018-12-207ANSWER to Complaint by U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. DEPARTMENT OF JUSTICE, U.S. DEPARTMENT OF STATE, U.S. DEPARTMENT OF THE TREASURY.(Walker, Johnny) (Entered: 12/20/2018)
2018-12-218ORDER. The parties shall file the schedule not later than JANUARY 22, 2019 . Signed by Judge Colleen Kollar-Kotelly on December 21, 2018. (lcckk1) (Entered: 12/21/2018)
2018-12-21Set/Reset Deadlines: Joint Status Report due by 1/22/2019. (kt) (Entered: 12/21/2018)
2019-01-169MOTION to Stay by U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. DEPARTMENT OF JUSTICE, U.S. DEPARTMENT OF STATE, U.S. DEPARTMENT OF THE TREASURY (Attachments: # 1 Text of Proposed Order)(Coles-Huff, Doris) (Entered: 01/16/2019)
2019-01-16MINUTE ORDER: The Court has received Defendants' 9 Motion for Stay of All Proceedings in Light of Lapse of Appropriations. Although Plaintiff opposes a general stay, Plaintiff has not taken a position on an extension that is "reasonably short." In an exercise of the Court's discretion, the Court shall GRANT-in-PART and DENY-in-PART Defendants' 9 Motion. Except as provided below, the Court shall STAY this case, including the deadline for the parties' Joint Status Report otherwise due by January 22, 2019. The Court shall not extend deadlines commensurate with this already lengthy lapse in appropriations. Rather, the parties shall file a notice within five business days of the restoration of the U.S. Department of Justice's funding and the resumption of its operations, and the Court shall set any further deadlines at that time. Defendants have not indicated which, if any, of the Defendant agencies, other than the U.S. Department of Justice, is likewise experiencing a lapse in funding, and whether the agency personnel responsible for processing Plaintiff's FOIA requests at any such agencies have been deemed essential. To the extent that those agency personnel have been deemed essential, they should continue to process Plaintiff's FOIA requests during the pendency of the lapse in appropriations so that, upon restoration of funding to the U.S. Department of Justice, the next Joint Status Report may propose a more appropriate schedule for further proceedings. Signed by Judge Colleen Kollar-Kotelly on January 16, 2019. (lcckk1) (Entered: 01/16/2019)
2019-02-0110Joint STATUS REPORT by AMERICAN OVERSIGHT. (Cafasso, Cerissa) (Entered: 02/01/2019)
2019-02-01MINUTE ORDER: The Court has received the parties' 10 Joint Status Report, which identifies the restoration of government funding. Accordingly, the Court hereby LIFTS the stay in this matter. The parties also indicate that Plaintiff wants to amend its Complaint in response to Defendants' Answer. The Court shall adopt slightly adjusted versions of the parties' proposed further proceedings. By no later than FEBRUARY 15, 2019 , Plaintiff may file a Motion for Leave to File an Amended Complaint. Plaintiff shall confer with Defendants for their position on the motion prior to any such motion. The parties shall bear in mind that Plaintiff is entitled to amend its Complaint without the Court's leave if Defendants give written consent. Fed. R. Civ. P. 15(a)(2). By no later than MARCH 1, 2019 , the parties shall file a Joint Status Report that addresses the questions identified by the Court in its 8 Order of December 21, 2018. Signed by Judge Colleen Kollar-Kotelly on February 1, 2019. (lcckk1) (Entered: 02/01/2019)
2019-02-1511NOTICE OF FILING AMENDED COMPLAINT by AMERICAN OVERSIGHT (Cafasso, Cerissa) (Entered: 02/15/2019)
2019-02-1912AMENDED COMPLAINT against All Defendants filed by AMERICAN OVERSIGHT.(Cafasso, Cerissa) (Entered: 02/19/2019)
2019-02-2613ANSWER to 12 Amended Complaint by U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. DEPARTMENT OF JUSTICE, U.S. DEPARTMENT OF STATE, U.S. DEPARTMENT OF THE TREASURY.(Walker, Johnny) (Entered: 02/26/2019)
2019-03-0114Joint STATUS REPORT by U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. DEPARTMENT OF JUSTICE, U.S. DEPARTMENT OF STATE, U.S. DEPARTMENT OF THE TREASURY. (Walker, Johnny) (Entered: 03/01/2019)
2019-03-05MINUTE ORDER: The Court has received Defendants' 13 Answer to Plaintiff's Amended Complaint, as well as the parties' 14 Joint Status Report. The parties indicate that most of the defendant agencies are in the early stages of processing Plaintiff's Freedom of Information Act ("FOIA") requests and that Plaintiff is in discussions with some of the agencies. Accordingly, the Court shall adopt the parties' proposal that they submit a further Joint Status Report by MAY 13, 2019 , regarding the parties' progress. The parties shall submit a further Joint Status Report no later than every sixty days thereafter, unless and until the Court orders otherwise. Signed by Judge Colleen Kollar-Kotelly on March 5, 2019. (lcckk1) (Entered: 03/05/2019)
2019-03-05Set/Reset Deadlines: Joint Status Report due by 5/13/2019, regarding the parties' progress. (dot) (Entered: 03/05/2019)
2019-05-1315Joint STATUS REPORT by AMERICAN OVERSIGHT. (Cafasso, Cerissa) (Entered: 05/13/2019)
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by FOIA Project Staff
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