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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)
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