Skip to content

Case Detail

[Subscribe to updates]
Case TitleFIX THE COURT v. DEPARTMENT OF JUSTICE
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2019cv01001
Date Filed2019-04-10
Date Closed2021-05-27
JudgeJudge Trevor N. McFadden
PlaintiffFIX THE COURT
Case DescriptionFix the Court submitted a FOIA request to the U.S. Marshals Service for records concerning the provision of security to Supreme Court Justices for out-of-town travel. The agency acknowledged receipt of the request and provided Fix the Court with an estimated cost of $11,900 to process its request. Fix the Court filed an administrative appeal of the agency's decision not to grant it news media fee status. On appeal, the agency granted Fix the Court news media fee status and remanded the request for search. However, after hearing nothing further from the agency, Fix the Court filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantDEPARTMENT OF JUSTICE
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2019-04-101COMPLAINT for Injunctive Relief against DEPARTMENT OF JUSTICE ( Filing fee $ 400 receipt number 0090-6050850) filed by FIX THE COURT. (Attachments: # 1 Civil Cover Sheet, # 2 7.1 Certificate, # 3 Summons DOJ, # 4 Summons US Att'y, # 5 Summons Att'y General)(Sobel, David) (Attachment 1 replaced on 4/12/2019) (zef, ). (Entered: 04/10/2019)
2019-04-102LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by FIX THE COURT. (zef, ) (Entered: 04/12/2019)
2019-04-12Case Assigned to Judge Trevor N. McFadden. (zef, ) (Entered: 04/12/2019)
2019-04-123SUMMONS (3) Issued Electronically as to DEPARTMENT OF JUSTICE, U.S. Attorney and U.S. Attorney General. (Attachments: # 1 Notice and Consent)(zef, ) (Entered: 04/12/2019)
2019-04-124STANDING ORDER Establishing Procedures for Cases Before Judge Trevor N. McFadden. The parties are hereby ORDERED to read and comply with the directives in the attached standing order. Signed by Judge Trevor N. McFadden on 4/12/19. (lctnm1) (Entered: 04/12/2019)
2019-05-065RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 4/22/2019. Answer due for ALL FEDERAL DEFENDANTS by 5/22/2019. (Sobel, David) (Entered: 05/06/2019)
2019-05-066RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 4/22/2019. RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. DEPARTMENT OF JUSTICE served on 4/22/2019. (See Docket Entry 5 to view document) (tth) (Entered: 05/07/2019)
2019-05-147Consent MOTION for Extension of Time to Answer or Otherwise Respond to Complaint by DEPARTMENT OF JUSTICE (Attachments: # 1 Proposed Order)(Simon, Jeremy) (Entered: 05/14/2019)
2019-05-15MINUTE ORDER granting Defendant's 7 Consent Motion for Extension of Time. Defendant shall answer or otherwise respond to Plaintiff's Complaint on or before June 21, 2019. Signed by Judge Trevor N. McFadden on 5/15/2019. (lctnm1) (Entered: 05/15/2019)
2019-05-15Set/Reset Deadlines: Defendant's answer or response to Plaintiff's Complaint due by 6/21/2019. (hmc) (Entered: 05/15/2019)
2019-06-108NOTICE OF SUBSTITUTION OF COUNSEL by Jonathan D. Kossak on behalf of DEPARTMENT OF JUSTICE Substituting for attorney Jeremy S. Simon (Kossak, Jonathan) (Entered: 06/10/2019)
2019-06-219ANSWER to Complaint by DEPARTMENT OF JUSTICE.(Kossak, Jonathan) (Entered: 06/21/2019)
2019-06-24MINUTE ORDER. Before the Court are a complaint and an answer in this FOIA case. It is hereby ORDERED that the parties shall meet and confer and file a Joint Status Report proposing a schedule for proceeding in this matter. The schedule should address, among other things, the status of Plaintiff's FOIA request, the anticipated number of documents responsive to Plaintiff's FOIA request, the anticipated date(s) for release of the documents requested by Plaintiff, whether a motion for an Open America stay is likely in this case, whether a Vaughn index will be required in this case, and a briefing schedule for dispositive motions, if required. The parties shall file the schedule on or before July 15, 2019. Signed by Judge Trevor N. McFadden on 6/24/19. (lctnm1) (Entered: 06/24/2019)
2019-06-24Set/Reset Deadlines: Joint Status Report due by 7/15/2019. (hmc) (Entered: 06/24/2019)
2019-07-1510Joint STATUS REPORT on Behalf of the Parties by DEPARTMENT OF JUSTICE. (Kossak, Jonathan) (Entered: 07/15/2019)
2019-07-15MINUTE ORDER. Upon consideration of 10 Joint Status Report, the parties are hereby ORDERED to file a further Joint Status Report on or before August 14, 2019. SO ORDERED. Signed by Judge Trevor N. McFadden on 7/15/19. (lctnm1) (Entered: 07/15/2019)
2019-07-16Set/Reset Deadlines: Joint Status Report due by 8/14/2019. (hmc) (Entered: 07/16/2019)
2019-08-1411Joint STATUS REPORT on Behalf of the Parties by DEPARTMENT OF JUSTICE. (Kossak, Jonathan) (Entered: 08/14/2019)
2019-08-14MINUTE ORDER. Upon consideration of 11 Joint Status Report, the parties are hereby ORDERED to file a further Joint Status Report including a joint proposed schedule, if appropriate, on or before September 18, 2019. SO ORDERED. Signed by Judge Trevor N. McFadden on 8/14/19. (lctnm1) (Entered: 08/14/2019)
2019-08-14Set/Reset Deadlines: Joint Status Report due by 9/18/2019. (hmc) (Entered: 08/14/2019)
2019-09-1812Joint STATUS REPORT on Behalf of the Parties by DEPARTMENT OF JUSTICE. (Kossak, Jonathan) (Entered: 09/18/2019)
2019-09-19MINUTE ORDER. Upon consideration of 12 Joint Status Report, the parties are hereby ORDERED to file a further Joint Status Report including a joint proposed schedule, if appropriate, on or before November 27, 2019. SO ORDERED. Signed by Judge Trevor N. McFadden on 9/19/19. (lctnm1) (Entered: 09/19/2019)
2019-09-19Set/Reset Deadlines: Joint Status Report due by 11/27/2019. (hmc) (Entered: 09/19/2019)
2019-11-2613Joint STATUS REPORT on behalf of the Parties by DEPARTMENT OF JUSTICE. (Kossak, Jonathan) (Entered: 11/26/2019)
2019-11-27MINUTE ORDER. Upon consideration of the parties' 13 Joint Status Report, Defendant shall begin processing at least 250 pages of requested records on or before January 10, 2020. Defendant shall continue to process at least 250 pages of requested records each month until Defendant's processing of the requested records is complete. The parties are hereby ORDERED to file a Joint Status Report every 90 days, with the next such Joint Status Report to be filed on or before April 9, 2020. SO ORDERED. Signed by Judge Trevor N. McFadden on 11/27/2019. (lctnm1) (Entered: 11/27/2019)
2019-12-02Set/Reset Deadlines: Defendant's processing of records due by 1/10/2020, and every month thereafter. Joint Status Report due by 4/9/2020. (hmc) (Entered: 12/02/2019)
2020-04-0914Joint STATUS REPORT on Behalf of the Parties by DEPARTMENT OF JUSTICE. (Kossak, Jonathan) (Entered: 04/09/2020)
2020-07-20MINUTE ORDER TO SHOW CAUSE. In the Court's November 27, 2019, Minute Order, the parties were ordered to file "a Joint Status Report every 90 days, with the next such Joint Status Report to be filed on or before April 9, 2020," updating this Court on Defendant's progress processing Plaintiff's FOIA request. As of the date of this Order, the public docket reflects that the parties have yet to file this report. It is hereby ORDERED that the Plaintiff shall, by July 24, 2020, SHOW CAUSE as to why the claims against the Defendant should not be dismissed for failure to prosecute. This Show Cause Order may be fulfilled by filing the required Joint Status Report. Failure to comply with this Order may result in dismissal of this action, without further notice, for failure to prosecute. See LCvR 83.23. SO ORDERED. Signed by Judge Trevor N. McFadden on 7/20/2020. (lctnm1) (Entered: 07/20/2020)
2020-07-20Set/Reset Deadlines: Plaintiff's response to the Court's Show Cause Order due by 7/24/2020. (hmc) (Entered: 07/20/2020)
2020-07-2115Joint STATUS REPORT on behalf of the Parties by DEPARTMENT OF JUSTICE. (Kossak, Jonathan) (Entered: 07/21/2020)
2020-07-22MINUTE ORDER. Upon consideration of the parties' 15 Joint Status Report, the parties are hereby ORDERED to file a further Joint Status Report every 90 days, with the next such Joint Status Report to be filed on or before October 20, 2020. SO ORDERED. Signed by Judge Trevor N. McFadden on 7/22/2020. (lctnm1) (Entered: 07/22/2020)
2020-07-22Set/Reset Deadlines: Joint Status Report due by 10/20/2020, and every 90 days thereafter. (hmc) (Entered: 07/22/2020)
2020-10-2016Joint STATUS REPORT on Behalf of the Parties by DEPARTMENT OF JUSTICE. (Kossak, Jonathan) (Entered: 10/20/2020)
2021-01-28DISCHARGED PURSUANT TO MINUTE ORDER ENTERED ON 2/2/2021.....MINUTE ORDER TO SHOW CAUSE. In the Court's Minute Order date July 22, 2020, the Court ordered the parties to submit a Joint Status Report every 90 days. The parties have failed to submit a Joint Status Report since their report dated October 20, 2020. It is therefore ORDERED that the parties, either separately or jointly, SHOW CAUSE no later than February 5, 2021, why sanctions should not be imposed. The parties may discharge this order by filing a Status Report as previously ordered that establishes good cause for the untimely filing. SO ORDERED. Signed by Judge Trevor N. McFadden on 1/28/2021. (lctnm1) Modified on 2/3/2021 (hmc). (Entered: 01/28/2021)
2021-01-29Set/Reset Deadlines: Parties' response to the Court's Show Cause Order due by 2/5/2021. (hmc) (Entered: 01/29/2021)
2021-02-0217Joint STATUS REPORT on behalf of the Parties by DEPARTMENT OF JUSTICE. (Kossak, Jonathan) (Entered: 02/02/2021)
2021-02-02MINUTE ORDER. Upon consideration of the parties' 17 Joint Status Report, the Court's 1/28/2021 Minute Order to Show Cause is hereby discharged. The parties shall file a Joint Status Report every 90 days, with the next such Joint Status Report to be filed on or before May 5, 2021. SO ORDERED. Signed by Judge Trevor N. McFadden on 2/2/2021. (lctnm1) Modified on 2/3/2021 to edit show cause order date(hmc). (Entered: 02/02/2021)
2021-02-03Set/Reset Deadlines: Joint Status Report due by 5/5/2021, and every 90 days thereafter. (hmc) (Entered: 02/03/2021)
2021-05-0518Joint STATUS REPORT on behalf of the Parties by DEPARTMENT OF JUSTICE. (Kossak, Jonathan) (Entered: 05/05/2021)
2021-05-05MINUTE ORDER. Upon consideration of the parties 18 Joint Status Report, the deadlines in the Court's 2/02/2021 Minute Order are hereby vacated. The parties shall file a Joint Status Report on or before June 17, 2021. If the parties reach a settlement before that date, they shall promptly inform the Court. SO ORDERED. Signed by Judge Trevor N. McFadden on 5/5/2021. (lctnm1) (Entered: 05/05/2021)
2021-05-06Set/Reset Deadlines: Joint Status Report due by 6/17/2021. (hmc) (Entered: 05/06/2021)
2021-05-2719STIPULATION of Dismissal by FIX THE COURT. (Sobel, David) (Entered: 05/27/2021)
2021-05-27MINUTE ORDER. Pursuant to the parties' 19 Stipulation of Dismissal, this case is hereby DISMISSED with prejudice. See Fed. R. Civ. P. 41(a)(1)(A)(ii). The Clerk of Court shall close this case. SO ORDERED. Signed by Judge Trevor N. McFadden on 5/27/2021. (lctnm1) (Entered: 05/27/2021)
Hide Docket Events
by FOIA Project Staff
Skip to toolbar