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Case TitleJAMES MADISON PROJECT et al v. DEPARTMENT OF STATE
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2019cv00325
Date Filed2019-02-07
Date ClosedOpen
JudgeJudge Amy Berman Jackson
PlaintiffJAMES MADISON PROJECT
PlaintiffADAM ENTOUS
Case DescriptionThe James Madison Project and New Yorker reporter Adam Entous submitted a FOIA request to the Department of State for records concerning the Accountability Review Board report on the acoustic attack in Cuba that affected members at the U.S. Embassy in Havana and efforts to implement its recommendations. The agency acknowledged receipt of the request, but after hearing nothing further from the agency, JMP and Entous filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantDEPARTMENT OF STATE
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2019-02-071COMPLAINT against All Plaintiffs ( Filing fee $ 400 receipt number 0090-5935521) filed by JAMES MADISON PROJECT, Adam Entous. (Attachments: # 1 Civil Cover Sheet, # 2 Summons State, # 3 Summons AG, # 4 Summons USAO)(Zaid, Mark) (Entered: 02/07/2019)
2019-02-08Case Assigned to Judge Amy Berman Jackson. (zef, ) (Entered: 02/08/2019)
2019-02-082ENTERED IN ERROR.....SUMMONS (3) Issued Electronically as to DEPARTMENT OF STATE, U.S. Attorney and U.S. Attorney General. (Attachments: # 1 Notice and Consent)(zef, ) Modified on 2/11/2019 (zef, ). (Entered: 02/08/2019)
2019-02-11NOTICE OF CORRECTED DOCKET ENTRY: re 2 Summons Issued Electronically as to AUSA was entered in error and corrected summons will be re-issued. (zef, ) (Entered: 02/11/2019)
2019-02-113SUMMONS (3) Issued Electronically as to DEPARTMENT OF STATE, U.S. Attorney and U.S. Attorney General. (Attachments: # 1 Notice and Consent)(zef, ) (Entered: 02/11/2019)
2019-02-254RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 2/11/2019. (Attachments: # 1 Exhibit USAG receipt)(Moss, Bradley) (Entered: 02/25/2019)
2019-02-255RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 2/11/2019. Answer due for ALL FEDERAL DEFENDANTS by 3/13/2019. (Attachments: # 1 Exhibit USADC receipt)(Moss, Bradley) (Entered: 02/25/2019)
2019-03-136NOTICE of Appearance by Bradley Prescott Moss on behalf of ADAM ENTOUS, JAMES MADISON PROJECT (Moss, Bradley) (Entered: 03/13/2019)
2019-03-137NOTICE of Appearance by William Mark Nebeker on behalf of DEPARTMENT OF STATE (Nebeker, William) (Entered: 03/13/2019)
2019-03-138NOTICE Regarding Service by DEPARTMENT OF STATE (Attachments: # 1 Exhibit)(Nebeker, William) (Entered: 03/13/2019)
2019-03-15MINUTE ORDER. In light of the defendant's notice 8 , it is ORDERED that defendant must respond to plaintiffs' complaint by April 1, 2019. Signed by Judge Amy Berman Jackson on 3/15/2019. (lcabj2) (Entered: 03/15/2019)
2019-04-019ANSWER to Complaint by DEPARTMENT OF STATE.(Nebeker, William) (Entered: 04/01/2019)
2019-04-0110ORDER. 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 plaintiffs, on or before May 1, 2019. SO ORDERED. Signed by Judge Amy Berman Jackson on 4/1/2019. (lcabj2) (Entered: 04/01/2019)
2019-05-0111STATUS REPORT by DEPARTMENT OF STATE. (Nebeker, William) (Entered: 05/01/2019)
2019-05-02MINUTE ORDER. The parties must file a joint status report by July 1, 2019. SO ORDERED. Signed by Judge Amy Berman Jackson on 5/2/2019. (lcabj2) (Entered: 05/02/2019)
2019-07-0112Joint STATUS REPORT by DEPARTMENT OF STATE. (Nebeker, William) (Entered: 07/01/2019)
2019-07-0813MINUTE ORDER. The parties must meet and confer in an effort to narrow the request for documents and file a status report by August 2, 2019. SO ORDERED. Signed by Judge Amy Berman Jackson on 7/8/2019. (lcabj2) (Entered: 07/08/2019)
2019-08-0214Joint STATUS REPORT by DEPARTMENT OF STATE. (Nebeker, William) (Entered: 08/02/2019)
2019-08-0615NOTICE of Filing of Relevant Case Decision by ADAM ENTOUS, JAMES MADISON PROJECT (Attachments: # 1 Exhibit 1 - SDNY Court Decision)(Zaid, Mark) (Entered: 08/06/2019)
2019-08-12MINUTE ORDER. In light of the 14 joint status report, defendant must submit to the Court a declaration regarding the State Department's FOIA resources and its capabilities regarding processing plaintiffs' FOIA request by August 19, 2019. SO ORDERED. Signed by Judge Amy Berman Jackson on 8/12/2019. (lcabj2) (Entered: 08/12/2019)
2019-08-1916NOTICE Of Filing (Declaration of Eric Stein) by DEPARTMENT OF STATE re Order,, Set Deadlines, (Nebeker, William) (Entered: 08/19/2019)
2019-10-07MINUTE ORDER. The parties must file another status report by November 4, 2019. The production may continue at the current rate. The parties are encouraged to continue to work toward narrowing the request given the significant impact that it could have on the total number of records to be reviewed. SO ORDERED. Signed by Judge Amy Berman Jackson on 10/7/2019. (lcabj2) (Entered: 10/07/2019)
2019-10-07Set/Reset Deadlines: Status Report due by 11/4/2019. (tg) (Entered: 10/07/2019)
2019-11-0417Joint STATUS REPORT by DEPARTMENT OF STATE. (Nebeker, William) (Entered: 11/04/2019)
2019-11-07MINUTE ORDER. The parties must file another status report by December 19, 2019. SO ORDERED. Signed by Judge Amy Berman Jackson on 11/7/2019. (lcabj2) (Entered: 11/07/2019)
2019-12-1918Joint STATUS REPORT by DEPARTMENT OF STATE. (Nebeker, William) (Entered: 12/19/2019)
2019-12-20MINUTE ORDER. The parties must file another status report by February 5, 2020. SO ORDERED. Signed by Judge Amy Berman Jackson on 12/20/2019. (lcabj2) (Entered: 12/20/2019)
2020-02-0519NOTICE OF SUBSTITUTION OF COUNSEL by Robert Aaron Caplen on behalf of DEPARTMENT OF STATE Substituting for attorney W. Mark Nebeker (Caplen, Robert) (Entered: 02/05/2020)
2020-02-0520Joint STATUS REPORT by DEPARTMENT OF STATE. (Caplen, Robert) (Entered: 02/05/2020)
2020-02-06MINUTE ORDER. The parties must file another status report by March 13, 2020. SO ORDERED. Signed by Judge Amy Berman Jackson on 2/6/2020. (lcabj2) (Entered: 02/06/2020)
2020-03-1321Joint STATUS REPORT by DEPARTMENT OF STATE. (Caplen, Robert) (Entered: 03/13/2020)
2020-03-18MINUTE ORDER. The parties must file another status report by April 20, 2020. SO ORDERED. Signed by Judge Amy Berman Jackson on 3/18/2020. (lcabj2) (Entered: 03/18/2020)
2020-03-3022Unopposed MOTION to Stay by DEPARTMENT OF STATE (Attachments: # 1 Declaration of Eric F. Stein, # 2 Text of Proposed Order)(Caplen, Robert) (Entered: 03/30/2020)
2020-03-31MINUTE ORDER granting defendant's motion to stay 22 . The case is hereby STAYED until further order of the Court. Defendant must file a status report advising the Court whether FOIA operations have resumed by April 28, 2020. SO ORDERED. Signed by Judge Amy Berman Jackson on 3/31/2020. (lcabj2) (Entered: 03/31/2020)
2020-04-2823STATUS REPORT by DEPARTMENT OF STATE. (Caplen, Robert) (Entered: 04/28/2020)
2020-04-29MINUTE ORDER. Defendant must submit another status report advising the Court whether FOIA operations have resumed and if so, proposing a schedule to resume processing and production, by May 28, 2020. Signed by Judge Amy Berman Jackson on 4/29/2020. (lcabj2) (Entered: 04/29/2020)
2020-05-2824STATUS REPORT by DEPARTMENT OF STATE. (Caplen, Robert) (Entered: 05/28/2020)
2020-05-29MINUTE ORDER. Defendant must submit a status report on June 29, 2020. SO ORDERED. Signed by Judge Amy Berman Jackson on 5/29/2020. (lcabj2) (Entered: 05/29/2020)
2020-06-2925STATUS REPORT by DEPARTMENT OF STATE. (Caplen, Robert) (Entered: 06/29/2020)
2020-06-30MINUTE ORDER. Defendant must submit a status report on July 27, 2020. SO ORDERED. Signed by Judge Amy Berman Jackson on 6/30/2020. (lcabj2) (Entered: 06/30/2020)
2020-07-2726STATUS REPORT by DEPARTMENT OF STATE. (Caplen, Robert) (Entered: 07/27/2020)
2020-07-28MINUTE ORDER. Defendant must submit a status report on August 26, 2020. SO ORDERED. Signed by Judge Amy Berman Jackson on 7/28/2020. (lcabj2) (Entered: 07/28/2020)
2020-08-2627STATUS REPORT by DEPARTMENT OF STATE. (Caplen, Robert) (Entered: 08/26/2020)
2020-08-28MINUTE ORDER. Defendant must submit a status report on September 25, 2020. SO ORDERED. Signed by Judge Amy Berman Jackson on 8/28/2020. (lcabj2) (Entered: 08/28/2020)
2020-09-2328STATUS REPORT by DEPARTMENT OF STATE. (Caplen, Robert) (Entered: 09/23/2020)
2020-09-28MINUTE ORDER. Defendant must submit a status report on October 23, 2020. SO ORDERED. Signed by Judge Amy Berman Jackson on 9/28/2020. (lcabj2) (Entered: 09/28/2020)
2020-09-28Set/Reset Deadlines: Status Report due by 10/23/2020. (ztg) (Entered: 09/28/2020)
2020-10-2329STATUS REPORT by DEPARTMENT OF STATE. (Caplen, Robert) (Entered: 10/23/2020)
2020-10-27MINUTE ORDER. Defendant must submit a status report by November 23, 2020. SO ORDERED. Signed by Judge Amy Berman Jackson on 10/27/2020. (lcabj1) (Entered: 10/27/2020)
2020-11-2330STATUS REPORT by DEPARTMENT OF STATE. (Caplen, Robert) (Entered: 11/23/2020)
2020-11-24MINUTE ORDER. Defendant must submit a status report by December 23, 2020. SO ORDERED. Signed by Judge Amy Berman Jackson on 11/24/2020. (lcabj1) (Entered: 11/24/2020)
2020-12-2331STATUS REPORT by DEPARTMENT OF STATE. (Caplen, Robert) (Entered: 12/23/2020)
2020-12-23MINUTE ORDER. Defendant must submit a status report by January 22, 2021. SO ORDERED. Signed by Judge Amy Berman Jackson on 12/23/2020. (lcabj1) (Entered: 12/23/2020)
2021-01-2232STATUS REPORT by DEPARTMENT OF STATE. (Caplen, Robert) (Entered: 01/22/2021)
2021-01-25MINUTE ORDER. Defendant must submit a status report by February 22, 2021. SO ORDERED. Signed by Judge Amy Berman Jackson on 1/25/2021. (lcabj1) (Entered: 01/25/2021)
2021-02-2233STATUS REPORT by DEPARTMENT OF STATE. (Caplen, Robert) (Entered: 02/22/2021)
2021-02-24MINUTE ORDER. Defendant must submit a status report by March 24, 2021. SO ORDERED. Signed by Judge Amy Berman Jackson on 2/24/2021. (lcabj1) (Entered: 02/24/2021)
2021-03-2434STATUS REPORT by DEPARTMENT OF STATE. (Caplen, Robert) (Entered: 03/24/2021)
2021-03-2435ERRATA by DEPARTMENT OF STATE re 34 Status Report filed by DEPARTMENT OF STATE. (Caplen, Robert) (Entered: 03/24/2021)
2021-03-24MINUTE ORDER. Defendant must submit a status report by April 23, 2021. SO ORDERED. Signed by Judge Amy Berman Jackson on 3/24/2021. (lcabj1) (Entered: 03/24/2021)
2021-04-2336STATUS REPORT by DEPARTMENT OF STATE. (Caplen, Robert) (Entered: 04/23/2021)
2021-04-26MINUTE ORDER. Defendant must submit a status report by May 24, 2021. SO ORDERED. Signed by Judge Amy Berman Jackson on 4/26/2021. (lcabj1) (Entered: 04/26/2021)
2021-05-2437STATUS REPORT by DEPARTMENT OF STATE. (Caplen, Robert) (Entered: 05/24/2021)
2021-05-25MINUTE ORDER. Defendant must submit another status report by June 23, 2021. With the next status report, the agency must further explain why it cannot resume FOIA processing when other agencies, including agencies dealing with sensitive national intelligence and/or law enforcement information, are producing records in response to pending FOIA requests at this time. SO ORDERED. Signed by Judge Amy Berman Jackson on 5/25/2021. (lcabj1) (Entered: 05/25/2021)
2021-06-2238STATUS REPORT by DEPARTMENT OF STATE. (Caplen, Robert) (Entered: 06/22/2021)
2021-06-22MINUTE ORDER. Defendant must submit a status report by July 23, 2021. The status report must include a proposed schedule for rolling productions beginning no later than August 13, 2021. SO ORDERED. Signed by Judge Amy Berman Jackson on 6/22/2021. (lcabj1) (Entered: 06/22/2021)
2021-06-2239NOTICE of Appearance by Kathleene A. Molen on behalf of All Defendants (Molen, Kathleene) (Entered: 06/22/2021)
2021-07-2240STATUS REPORT by DEPARTMENT OF STATE. (Molen, Kathleene) (Entered: 07/22/2021)
2021-07-26MINUTE ORDER. Defendant must submit a status report by August 31, 2021. The Court notes that the department's half-hearted resumption of FOIA processing falls far short of its obligations given the significant changes in the state of the public health emergency that affected government operations last year. Other agencies with pending FOIA cases before this Court, including cases involving the review of classified information, are back on track, and the Court expects to receive a schedule that reflects a more robust effort to complete the production in this case on August 31. SO ORDERED. Signed by Judge Amy Berman Jackson on 7/26/2021. (lcabj1) (Entered: 07/26/2021)
2021-08-3141STATUS REPORT by DEPARTMENT OF STATE. (Molen, Kathleene) (Entered: 08/31/2021)
2021-09-01MINUTE ORDER. In light of the information provided in the most recent status report 41 , it is ORDERED that the stay in this case is hereby lifted. It is FURTHER ORDERED that defendant must submit a status report by September 30, 2021. Signed by Judge Amy Berman Jackson on 9/1/2021. (lcabj1) Modified on 9/1/2021 to reflect that September 30, 2021 is the correct date for the status report (jth). (Entered: 09/01/2021)
2021-09-3042STATUS REPORT by DEPARTMENT OF STATE. (Molen, Kathleene) (Entered: 09/30/2021)
2021-10-05MINUTE ORDER. In light of the status report 42 , it is ORDERED that the parties submit another joint status report by October 29, 2021. Signed by Judge Amy Berman Jackson on 10/5/2021. (lcabj1) (Entered: 10/05/2021)
2021-10-2943Joint STATUS REPORT by DEPARTMENT OF STATE. (Molen, Kathleene) (Entered: 10/29/2021)
2021-10-29MINUTE ORDER. In light of the most recent joint status report 43 , it is ORDERED that the parties submit another joint status report by December 3, 2021. The parties may file a notice at any time if they agree that a referral to a neutral would assist their efforts to narrow and prioritize the requests. Signed by Judge Amy Berman Jackson on 10/29/2021. (lcabj1) (Entered: 10/29/2021)
2021-11-0644NOTICE OF SUBSTITUTION OF COUNSEL by Diana Viggiano Valdivia on behalf of DEPARTMENT OF STATE Substituting for attorney Kathleene A. Molen (Valdivia, Diana) (Entered: 11/06/2021)
2021-12-0345Joint STATUS REPORT by DEPARTMENT OF STATE. (Valdivia, Diana) (Entered: 12/03/2021)
2021-12-06MINUTE ORDER. In light of the status report 45 , it is ORDERED that the parties submit another joint status report by February 3, 2022. Signed by Judge Amy Berman Jackson on 12/6/2021. (lcabj1) (Entered: 12/06/2021)
2022-02-0346Joint STATUS REPORT by DEPARTMENT OF STATE. (Valdivia, Diana) (Entered: 02/03/2022)
2022-02-04MINUTE ORDER. In light of the status report 46 , it is ORDERED that the parties submit another joint status report by April 4, 2022. Signed by Judge Amy Berman Jackson on 2/4/2022. (lcabj1) (Entered: 02/04/2022)
2022-04-0447Joint STATUS REPORT by DEPARTMENT OF STATE. (Valdivia, Diana) (Entered: 04/04/2022)
2022-04-11MINUTE ORDER. In light of the most recent status report 47 , it is ORDERED that the parties submit another joint status report by June 3, 2022. Signed by Judge Amy Berman Jackson on 4/11/2022. (lcabj1) (Entered: 04/11/2022)
2022-06-0348Joint STATUS REPORT by DEPARTMENT OF STATE. (Caplen, Robert) (Entered: 06/03/2022)
2022-06-03MINUTE ORDER. In light of the most recent status report 48 , it is ORDERED that the parties submit another joint status report by September 1, 2022. Signed by Judge Amy Berman Jackson on 6/3/2022. (lcabj1) (Entered: 06/03/2022)
2022-08-3049Joint STATUS REPORT by DEPARTMENT OF STATE. (Caplen, Robert) (Entered: 08/30/2022)
2022-09-02MINUTE ORDER. In light of the most recent status report 49 , it is ORDERED that parties submit another joint status report by December 1, 2022. Signed by Judge Amy Berman Jackson on 9/2/2022. (lcabj1) (Entered: 09/02/2022)
2022-11-2350Joint STATUS REPORT by DEPARTMENT OF STATE. (Caplen, Robert) (Entered: 11/23/2022)
2022-11-23MINUTE ORDER. In light of the most recent status report 50 , it is ORDERED that the parties submit another joint status report by March 1, 2023. Signed by Judge Amy Berman Jackson on 11/23/2022. (lcabj1) (Entered: 11/23/2022)
2023-02-0151NOTICE OF SUBSTITUTION OF COUNSEL by John Bardo on behalf of DEPARTMENT OF STATE Substituting for attorney Robert Caplen (Bardo, John) (Entered: 02/01/2023)
2023-02-01RESOLVED.....NOTICE of Provisional/Government Not Certified Status re 51 NOTICE OF SUBSTITUTION OF COUNSEL by John Bardo on behalf of DEPARTMENT OF STATE Substituting for attorney Robert Caplen (Bardo, John). Your attorney renewal/government certification has not been received. As a result, your membership with the U.S. District & Bankruptcy Courts for the District of Columbia is not in good standing, and you are not permitted to file. Pursuant to Local Civil Rule 83.9, you must immediately correct your membership status by following the appropriate instructions on this page of our website: https://www.dcd.uscourts.gov/attorney-renewal. Please be advised that the presiding judge in this case has been notified that you are currently not in good standing to file in this court. Renewal Due by 2/8/2023. (znmw) Modified on 2/8/2023 (znmw). (Entered: 02/01/2023)
2023-03-0152Joint STATUS REPORT by DEPARTMENT OF STATE. (Bardo, John) (Entered: 03/01/2023)
2023-03-03MINUTE ORDER. In light of the most recent status report 52 , it is ORDERED that the parties submit another joint status report by June 1, 2023. Signed by Judge Amy Berman Jackson on 3/3/2023.(lcabj1) (Entered: 03/03/2023)
2023-06-0153Joint STATUS REPORT by DEPARTMENT OF STATE. (Bardo, John) (Entered: 06/01/2023)
2023-06-06MINUTE ORDER. In light of the most recent status report 53 , it is ORDERED that the parties submit another joint status report by September 1, 2023. Signed by Judge Amy Berman Jackson on 6/6/2023. (lcabj1) (Entered: 06/06/2023)
2023-09-0154Joint STATUS REPORT by DEPARTMENT OF STATE. (Bardo, John) (Entered: 09/01/2023)
2023-09-01MINUTE ORDER. In light of the most recent status report 54 , it is ORDERED that the parties submit another joint status report by December 1, 2023. Signed by Judge Amy Berman Jackson on 9/1/2023.(lcabj1) (Entered: 09/01/2023)
2023-12-0155Joint STATUS REPORT by DEPARTMENT OF STATE. (Bardo, John) (Entered: 12/01/2023)
2023-12-04MINUTE ORDER. In light of the most recent status report 55 , it is ORDERED that the parties submit another joint status report by January 2, 2024. Signed by Judge Amy Berman Jackson on 12/4/2023. (lcabj1) (Entered: 12/04/2023)
2024-01-0256Joint STATUS REPORT by DEPARTMENT OF STATE. (Bardo, John) (Entered: 01/02/2024)
2024-01-03MINUTE ORDER. In light of the most recent status report 56 , it is ORDERED that the parties submit another joint status report by March 4, 2024. Signed by Judge Amy Berman Jackson on 1/3/2024. (lcabj1) (Entered: 01/03/2024)
2024-03-0457Joint STATUS REPORT by DEPARTMENT OF STATE. (Bardo, John) (Entered: 03/04/2024)
2024-03-05MINUTE ORDER. In light of the most recent status report 57 , it is ORDERED that the parties submit another joint status report by May 3, 2024. Signed by Judge Amy Berman Jackson on 3/5/2024. (lcabj1) (Entered: 03/05/2024)
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