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Case TitleNATIONAL PUBLIC RADIO, INC. et al v. UNITED STATES DEPARTMENT OF THE TREASURY
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2019cv00017
Date Filed2019-01-03
Date ClosedOpen
JudgeJudge John D. Bates
PlaintiffNATIONAL PUBLIC RADIO, INC.
PlaintiffTIM MAK
Case DescriptionNational Public Radio reporter Tim Mak submitted four FOIA requests to the Department of Treasury for records concerning Maria Butina, the Russian recently convicted of espionage, and her connections with various Russian individuals or organizations. The agency acknowledged the requests, but after hearing nothing further from the agency, NPR filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantUNITED STATES DEPARTMENT OF THE TREASURY
DefendantUNITED STATES DEPARTMENT OF THE TREASURY
1500 Pennsylvania Avenue, NW
Washington, DC 20220
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
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2019-01-031COMPLAINT against UNITED STATES DEPARTMENT OF THE TREASURY ( Filing fee $ 400 receipt number 0090-5868030) filed by NATIONAL PUBLIC RADIO, INC., TIM MAK. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Civil Cover Sheet, # 10 Summons)(Smith, Alia) (Entered: 01/03/2019)
2019-01-04Case Assigned to Judge John D. Bates. (zef, ) (Entered: 01/04/2019)
2019-01-042SUMMONS (1) Issued Electronically as to UNITED STATES DEPARTMENT OF THE TREASURY. (Attachments: # 1 Notice and Consent)(zef, ) (Entered: 01/04/2019)
2019-01-073LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by NATIONAL PUBLIC RADIO, INC. (Smith, Alia) (Entered: 01/07/2019)
2019-01-074MOTION for Leave to Appear Pro Hac Vice :Attorney Name- David J. Bodney, :Firm- Ballard Spahr LLP, :Address- 1 East Washington Street, Suite 2300, Phoenix, AZ 85004. Phone No. - 602-798-5400. Fax No. - 602-798-5595 Filing fee $ 100, receipt number 0090-5873464. Fee Status: Fee Paid. by TIM MAK, NATIONAL PUBLIC RADIO, INC. (Attachments: # 1 Declaration of David Bodney in Support, # 2 Text of Proposed Order)(Smith, Alia) (Entered: 01/07/2019)
2019-01-07MINUTE ORDER: Upon consideration of 4 the motion for leave for David J. Bodney to appear pro hac vice, and pursuant to Local Civil Rule 83.2(d), it is hereby ORDERED that the motion is GRANTED; and it is further ORDERED that the Clerk of Court shall enter the appearance of David J. Bodney on behalf of plaintiffs. SO ORDERED. Signed by Judge John D. Bates on 1/7/2019. (lcjdb1) (Entered: 01/07/2019)
2019-01-115RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES DEPARTMENT OF THE TREASURY served on 1/10/2019, RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 1/10/2019., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 1/10/2019. ( Answer due for ALL FEDERAL DEFENDANTS by 2/9/2019.) (Smith, Alia) (Entered: 01/11/2019)
2019-02-116NOTICE of Appearance by Joshua M. Kolsky on behalf of UNITED STATES DEPARTMENT OF THE TREASURY (Kolsky, Joshua) (Entered: 02/11/2019)
2019-02-117ANSWER to Complaint by UNITED STATES DEPARTMENT OF THE TREASURY.(Kolsky, Joshua) (Entered: 02/11/2019)
2019-02-118ORDER. See text of Order for details. Signed by Judge John D. Bates on 2/11/19. (lcjdb1) (Entered: 02/11/2019)
2019-02-13Set/Reset Deadlines: Proposed Briefing Schedule due by 3/11/2019. (tb) (Entered: 02/13/2019)
2019-03-119Joint STATUS REPORT by UNITED STATES DEPARTMENT OF THE TREASURY. (Kolsky, Joshua) (Entered: 03/11/2019)
2019-03-12MINUTE ORDER: Upon consideration of 9 the parties' joint status report, and the entire record herein, it is hereby ORDERED that the parties shall file a joint status report by not later than March 25, 2019, which shall include a production schedule for records collected by that date and a proposal for conducting any remaining searches. Signed by Judge John D. Bates on 3/12/19. (lcjdb1) (Entered: 03/12/2019)
2019-03-12Set/Reset Deadlines: Joint Status Report due by 3/25/2019. (tb) (Entered: 03/12/2019)
2019-03-2510Joint STATUS REPORT by UNITED STATES DEPARTMENT OF THE TREASURY. (Kolsky, Joshua) (Entered: 03/25/2019)
2019-03-26MINUTE ORDER: Upon consideration of 10 the parties' joint status report, and the entire record herein, it is hereby ORDERED that the parties shall file a joint status report by not later than May 6, 2019. Signed by Judge John D. Bates on 3/26/19. (lcjdb1) (Entered: 03/26/2019)
2019-03-26Set/Reset Deadlines: Joint Status Report due by 5/6/2019. (tb) (Entered: 03/26/2019)
2019-05-0611Joint STATUS REPORT by UNITED STATES DEPARTMENT OF THE TREASURY. (Kolsky, Joshua) (Entered: 05/06/2019)
2019-05-07MINUTE ORDER: Upon consideration of 11 the parties' joint status report, and the entire record herein, it is hereby ORDERED that a status conference is scheduled for June 21, 2019, at 9:30 a.m. in Courtroom 30A. The parties should come prepared to discuss any suggestions for how production might be accelerated or how document requests could be prioritized. SO ORDERED. Signed by Judge John D. Bates on 5/7/19. (lcjdb1) (Entered: 05/07/2019)
2019-05-08Set/Reset Hearings: Status Conference set for 6/21/2019 at 09:30 AM in Courtroom 30A before Judge John D. Bates. (tb) (Entered: 05/08/2019)
2019-05-1312Unopposed MOTION to Continue Reschedule Status Conference by UNITED STATES DEPARTMENT OF THE TREASURY (Attachments: # 1 Text of Proposed Order)(Kolsky, Joshua) Modified event on 5/15/2019 (znmw). (Entered: 05/13/2019)
2019-06-05MINUTE ORDER: Upon consideration of 12 defendant's unopposed motion to continue the June 21, 2019, status conference, communications between counsel and chambers, and the entire record herein, it is hereby ORDERED that the motion is GRANTED IN PART; it is further ORDERED that the status conference will be CONTINUED; and it is further ORDERED that a status conference is scheduled on July 23, 2019, at 9:30 a.m. in Courtroom 30A. Signed by Judge John D. Bates on 6/5/19. (lcjdb1) (Entered: 06/05/2019)
2019-06-05Set/Reset Hearings: Status Conference reset for 7/23/2019 at 09:30 AM in Courtroom 30A before Judge John D. Bates. (tb) (Entered: 06/05/2019)
2019-07-23MINUTE ORDER: Upon consideration of the matters discussed at the status conference held on this date, and the entire record herein, it is hereby ORDERED that the parties shall meet and confer and file by not later than August 13, 2019, a joint proposal--or separate proposals if agreement cannot be reached--describing the schedule and procedures that will govern processing and production of documents responsive to plaintiffs FOIA request. If agreement cannot be reached, each side should explain in detail the bases for its suggested proposal in a memorandum of not more than seven pages with relevant supporting factual material. SO ORDERED. Signed by Judge John D. Bates on 7/23/19. (lcjdb1) (Entered: 07/23/2019)
2019-07-23Minute Entry: Status Conference held on 7/23/2019 before Judge John D. Bates: See Minute Order previously entered today. (Court Reporter Scott Wallace) (tb) (Entered: 07/23/2019)
2019-07-23Set/Reset Deadlines: Attorney Meet and Confer Conference due by 8/13/2019. Joint or Separate Proposed Briefing Schedules due by 8/13/201. (tb) (Entered: 07/23/2019)
2019-08-1213Joint MOTION for Extension of Time to File Proposed Processing Schedule(s) by UNITED STATES DEPARTMENT OF THE TREASURY (Attachments: # 1 Text of Proposed Order)(Kolsky, Joshua) (Entered: 08/12/2019)
2019-08-13MINUTE ORDER: Upon consideration of 13 the parties' joint motion for extension of time to file, and the entire record herein, it is hereby ORDERED that the motion is GRANTED; and it is further ORDERED that the parties' joint proposal (or separate proposals) describing the schedule and procedures that will govern processing and production of documents responsive to plaintiffs FOIA request shall be filed by not later than August 20, 2019. SO ORDERED. Signed by Judge John D. Bates on 8/13/19. (lcjdb1) (Entered: 08/13/2019)
2019-08-14Set/Reset Deadlines: Joint Proposed Briefing Schedule due by 8/20/2019. (tb) (Entered: 08/14/2019)
2019-08-2014RESPONSE TO ORDER OF THE COURT re Order,, by TIM MAK, NATIONAL PUBLIC RADIO, INC.. (Attachments: # 1 Exhibit 1)(Smith, Alia) Modified event title on 8/21/2019 (znmw). (Entered: 08/20/2019)
2019-08-2015RESPONSE TO ORDER OF THE COURT re Order,, by UNITED STATES DEPARTMENT OF THE TREASURY. (Attachments: # 1 Declaration)(Kolsky, Joshua) Modified event title on 8/21/2019 (znmw). (Entered: 08/20/2019)
2019-08-2316ORDER on schedule that will govern processing and production of documents. See text of Order for details. Signed by Judge John D. Bates on 8/23/19. (lcjdb1) (Entered: 08/23/2019)
2019-09-2317Unopposed MOTION to Clarify Court Order by UNITED STATES DEPARTMENT OF THE TREASURY (Attachments: # 1 Text of Proposed Order)(Kolsky, Joshua) (Entered: 09/23/2019)
2019-09-24MINUTE ORDER: Upon consideration of 17 defendant's unopposed motion to clarify, and the entire record herein, it is hereby ORDERED that the motion is GRANTED; and it is further ORDERED that 16 this Court's Order of August 23, 2019, should state on page 4 that Treasury is ordered to "review documents at a rate of 3,000 pages per month, regardless of how many documents are identified as being responsive." SO ORDERED. Signed by Judge John D. Bates on 9/24/19. (lcjdb1) (Entered: 09/24/2019)
2019-10-3018Unopposed MOTION for Extension of Time to Produce Records by UNITED STATES DEPARTMENT OF THE TREASURY (Attachments: # 1 Text of Proposed Order)(Kolsky, Joshua) (Entered: 10/30/2019)
2019-10-31MINUTE ORDER: Upon consideration of 18 defendant's unopposed motion for extension of time, and the entire record herein, it is hereby ORDERED that the motion is GRANTED; it is further ORDERED that the deadline for defendant to make its next production of records to plaintiffs in this matter is extended until November 7, 2019; and it is further ORDERED that the processing schedule shall return to normal for future months, such that defendant's next deadline will be November 30, 2019. SO ORDERED. Signed by Judge John D. Bates on 10/31/2019. (lcjdb1) (Entered: 10/31/2019)
2020-12-1719Consent MOTION for Extension of Time to Produce Documents by UNITED STATES DEPARTMENT OF THE TREASURY (Attachments: # 1 Text of Proposed Order)(Kolsky, Joshua) (Entered: 12/17/2020)
2020-12-29MINUTE ORDER: Upon consideration of 19 defendant's consent motion to extend deadlines to produce records, and the entire record herein, it is hereby ORDERED that the motion is GRANTED; it is further ORDERED that defendant shall make its next production of records by not later than January 14, 2021, and that defendant shall make future productions fourteen days after the end of each month, or on the next business day if the fourteenth day falls on a weekend or federal holiday. SO ORDERED. Signed by Judge John D. Bates on 12/29/2020. (lcjdb1) (Entered: 12/29/2020)
2020-12-29Set/Reset Deadlines: Next production of records due by 1/14/2021. (tb) (Entered: 12/29/2020)
2021-02-1220MOTION to Compel Defendant to Promptly Produce "Referred" Documents by TIM MAK, NATIONAL PUBLIC RADIO, INC.. (Attachments: # 1 Declaration of Alia L. Smith in Support, # 2 Exhibit A to Smith Decl,)(Smith, Alia) (Entered: 02/12/2021)
2021-02-1221NOTICE of Proposed Order Granting Motion to Compel by TIM MAK, NATIONAL PUBLIC RADIO, INC. re 20 MOTION to Compel Defendant to Promptly Produce "Referred" Documents (Smith, Alia) (Entered: 02/12/2021)
2021-02-2322Joint MOTION for Briefing Schedule by UNITED STATES DEPARTMENT OF THE TREASURY. (Attachments: # 1 Text of Proposed Order)(Kolsky, Joshua) (Entered: 02/23/2021)
2021-02-23MINUTE ORDER: Upon consideration of the parties' joint motion to set briefing schedule, and the entire record herein, it is hereby ORDERED that the motion is GRANTED; it is further ORDERED that defendants shall file any opposition to 20 plaintiffs' motion to compel by not later than March 12, 2021, and plaintiffs shall file any reply in support of their motion to compel by not later than March 26, 2021. SO ORDERED. Signed by Judge John D. Bates on 2/23/2021. (lcjdb1) (Entered: 02/23/2021)
2021-02-23Set/Reset Deadlines: Response due by 3/12/2021. Reply due by 3/26/2021. (tb) (Entered: 02/23/2021)
2021-03-1023NOTICE of Appearance by Julia Alexandra Heiman on behalf of UNITED STATES DEPARTMENT OF THE TREASURY (Heiman, Julia) (Entered: 03/10/2021)
2021-03-1024Unopposed MOTION for Extension of Time to Produce Records by UNITED STATES DEPARTMENT OF THE TREASURY. (Attachments: # 1 Text of Proposed Order)(Heiman, Julia) (Entered: 03/10/2021)
2021-03-11MINUTE ORDER: Upon consideration of 24 defendant's unopposed motion to extend deadlines to produce records, and the entire record herein, it is hereby ORDERED that the motion is GRANTED; it is further ORDERED that defendant shall make its next production of records to plaintiffs in this matter by not later than March 28, 2021, and future productions shall be made 28 days after the end of each month, or the next business day if the 28th day falls on a weekend or federal holiday. SO ORDERED. Signed by Judge John D. Bates on 3/11/2021. (lcjdb1) Modified on 3/11/2021 (tb). (Entered: 03/11/2021)
2021-03-1225RESPONSE re 20 MOTION to Compel Defendant to Promptly Produce "Referred" Documents filed by UNITED STATES DEPARTMENT OF THE TREASURY. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Text of Proposed Order)(Heiman, Julia) (Entered: 03/12/2021)
2021-03-2626REPLY to opposition to motion re 20 MOTION to Compel Defendant to Promptly Produce "Referred" Documents filed by TIM MAK, NATIONAL PUBLIC RADIO, INC.. (Attachments: # 1 Reply Decl. of Alia Smith, # 2 Exhibit 1 to Smith Reply Decl.)(Smith, Alia) (Entered: 03/26/2021)
2021-03-2627Unopposed MOTION for Extension of Time to Produce Records by UNITED STATES DEPARTMENT OF THE TREASURY. (Attachments: # 1 Text of Proposed Order)(Heiman, Julia) (Entered: 03/26/2021)
2021-03-29MINUTE ORDER: Upon consideration of 27 defendant's unopposed motion to extend deadlines to produce records, and the entire record herein, it is hereby ORDERED that the motion is GRANTED; it is further ORDERED that defendant shall make its next production of records to plaintiffs in this matter by not later than April 26, 2021. SO ORDERED. Signed by Judge John D. Bates on 3/29/2021. (lcjdb1) (Entered: 03/29/2021)
2021-03-29Set/Reset Deadlines: Production of records due by 4/26/2021. (tb) (Entered: 03/29/2021)
2021-03-3128ORDER granting in part and denying in part 20 plaintiffs' motion to compel. See text of Order for details. Signed by Judge John D. Bates on 3/31/2021. (lcjdb1) (Entered: 03/31/2021)
2021-04-01Set/Reset Deadlines: Status Report due by 5/26/2021. (tb) (Entered: 04/01/2021)
2021-04-2729Unopposed MOTION for Extension of Time to Produce Records by UNITED STATES DEPARTMENT OF THE TREASURY. (Attachments: # 1 Text of Proposed Order)(Heiman, Julia) (Entered: 04/27/2021)
2021-04-28MINUTE ORDER: Upon consideration of 29 defendant's unopposed motion to extend by forty-five minutes, nunc pro tunc, deadline to produce records, and the entire record herein, it is hereby ORDERED that the motion is GRANTED, and it is further ORDERED that the deadline for defendant's April 26, 2021 production of records to plaintiffs is extended, nunc pro tunc, by forty-five minutes. SO ORDERED. Signed by Judge John D. Bates on 4/28/2021. (lcjdb1) (Entered: 04/28/2021)
2021-05-2630STATUS REPORT and Motion to Extend Deadline to Produce Records by UNITED STATES DEPARTMENT OF THE TREASURY. (Attachments: # 1 Text of Proposed Order)(Heiman, Julia) (Entered: 05/26/2021)
2021-05-2631MOTION for Extension of Time to Produce Record and Status Report by UNITED STATES DEPARTMENT OF THE TREASURY. (Attachments: # 1 Text of Proposed Order)(Heiman, Julia) (Entered: 05/26/2021)
2021-07-09MINUTE ORDER: Upon consideration of 31 defendant's motion for extension of time, and the entire record herein, it is hereby ORDERED that the motion is GRANTED; it is further ORDERED that, by not later than July 16, 2021, defendant shall (1) produce any non-exempt responsive material subject to production under 28 the Court's March 31, 2021 Order, and (2) submit a status report regarding the outstanding records subject to consultation/coordination or the submitted-notice process. SO ORDERED. Signed by Judge John D. Bates on 7/9/2021. (lcjdb1) (Entered: 07/09/2021)
2021-07-09Set/Reset Deadlines: Status Report due by 7/16/2021. (jth) (Entered: 07/12/2021)
2021-07-1732STATUS REPORT and Motion for Extension of Time by UNITED STATES DEPARTMENT OF THE TREASURY. (Attachments: # 1 Text of Proposed Order)(Kolsky, Joshua) (Entered: 07/17/2021)
2021-07-1733MOTION for Extension of Time to Produce Documents and Status Report by UNITED STATES DEPARTMENT OF THE TREASURY. (Attachments: # 1 Text of Proposed Order)(Kolsky, Joshua) (Entered: 07/17/2021)
2021-07-19MINUTE ORDER: Upon consideration of 33 defendant's motion for extension of time, and the entire record herein, it is hereby ORDERED that the motion is GRANTED; it is further ORDERED that defendant shall make an interim production by not later than August 16, 2021 of all records processed by that date; and it is further ORDERED that defendant shall produce by not later than September 16, 2021 all remaining records subject to consultation/coordination or the submitted-notice process. SO ORDERED. Signed by Judge John D. Bates on 7/19/2021. (lcjdb1) (Entered: 07/19/2021)
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