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Case TitleLEGAL SERVICES OF EASTERN MISSOURI v. U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2019cv01367
Date Filed2019-05-13
Date Closed2019-11-18
JudgeJudge Emmet G. Sullivan
PlaintiffLEGAL SERVICES OF EASTERN MISSOURI
Case DescriptionLegal Services of Eastern Missouri submitted a FOIA request to the Department of Housing and Urban Development for records concerning the agency's involvement with public housing in Wellston, Missouri. LSEM also requested expedited processing and a fee waiver. The agency acknowledged receipt of the request and the agency asked LSEM to narrow the scope of its request. LSEM did so. The agency denied LSEM's requests for expedited processing and a fee waiver. The agency disclosed 17 pages responsive to the first part of LSEM's request but redacted portions under Exemption 5 (privileges). After the government shutdown ended, HUD disclosed an additional 179 pages responsive to the second part of LSEM's request. It again redacted large portions of the records under Exemption 5. LSEM filed an administrative appeal of the denial. The agency upheld the agency's invocation of Exemption 5 but remanded the records for further segregation. As a result, HUD re-released two pages with fewer deletions. LSEM then filed suit.
Complaint issues: Public Interest Fee Waiver, Litigation - Attorney's fees

DefendantU.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
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

2019-05-131COMPLAINT for Declaratory and Injunctive Relief against U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT ( Filing fee $ 400 receipt number 0090-6118442) filed by LEGAL SERVICES OF EASTERN MISSOURI. (Attachments: # 1 Civil Cover Sheet, # 2 Summons to Attorney General, # 3 Summons to HUD, # 4 Summons to United States Attorney)(Kirkpatrick, Michael) (Entered: 05/13/2019)
2019-05-132LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by LEGAL SERVICES OF EASTERN MISSOURI (Kirkpatrick, Michael) (Entered: 05/13/2019)
2019-05-13Case Assigned to Judge Emmet G. Sullivan. (zeg) (Entered: 05/13/2019)
2019-05-133SUMMONS (3) Issued Electronically as to U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(zeg) (Entered: 05/13/2019)
2019-05-144RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 5/14/2019. Answer due for ALL FEDERAL DEFENDANTS by 6/13/2019. (Kirkpatrick, Michael) (Entered: 05/14/2019)
2019-05-155NOTICE of Appearance by Damon William Taaffe on behalf of U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (Taaffe, Damon) (Entered: 05/15/2019)
2019-05-166NOTICE of Appearance by Patrick D. Llewellyn on behalf of LEGAL SERVICES OF EASTERN MISSOURI (Llewellyn, Patrick) (Entered: 05/16/2019)
2019-05-207STANDING ORDER: The parties are directed to read the attached Standing Order Governing Civil Cases Before Judge Emmet G. Sullivan in its entirety upon receipt. The parties are hereby ORDERED to comply with the directives in the attached Standing Order. Signed by Judge Emmet G. Sullivan on 05/20/19. (Attachment: Exhibit 1) (mac) (Entered: 05/20/2019)
2019-05-298RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 05/20/2019. (Kirkpatrick, Michael) (Entered: 05/29/2019)
2019-06-139ANSWER to Complaint by U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT.(Taaffe, Damon) (Entered: 06/13/2019)
2019-06-25MINUTE ORDER. Plaintiff brings this action pursuant to the Freedom of Information Act (FOIA), 5 U.S.C. § 552. The parties are directed to meet and confer and propose a joint scheduling order for further proceedings in this case by no later than August 5, 2019. The parties joint proposed scheduling order shall address the following: (1) The status of plaintiffs FOIA request; (2) The anticipated number of documents responsive to plaintiffs FOIA request; (3) The anticipated date(s) for release of documents responsive to plaintiffs FOIA request; (4) Whether a motion for an Open America stay is likely in this case; (5) Whether a Vaughn index will be required in this case; (6) Whether this case would benefit from referral to a magistrate judge or the District Court Mediation Program for purposes of settlement; and (7) A proposed briefing schedule for dispositive motions, if applicable. If the parties are unable to agree on a joint recommendation, the joint proposed scheduling order shall include each partys individual recommendations. Signed by Judge Emmet G. Sullivan on 6/25/2019. (lcegs2) (Entered: 06/25/2019)
2019-06-25Set/Reset Deadlines: Joint Proposed Scheduling Order due by 8/5/2019. (mac) (Entered: 06/25/2019)
2019-06-2810Joint MOTION for Briefing Schedule by LEGAL SERVICES OF EASTERN MISSOURI (Attachments: # 1 Text of Proposed Order, # 2 Declaration of Lisa D'Souza in Support of Plaintiff's Position)(Llewellyn, Patrick) (Entered: 06/28/2019)
2019-07-1211NOTICE OF NON-OPPOSITION TO DEFENDANT'S PROPOSED BRIEFING SCHEDULE by LEGAL SERVICES OF EASTERN MISSOURI re 10 Joint MOTION for Briefing Schedule (Attachments: # 1 Exhibit Letter from St. Louis County Executive to HUD Field Office Director)(Kirkpatrick, Michael) (Entered: 07/12/2019)
2019-07-13MINUTE ORDER granting 10 joint motion for briefing schedule. In light of the representations made in 11 the plaintiff's notice of non-opposition to defendant's proposed briefing schedule, the following schedule shall govern these proceedings: Defendant shall file its motion for summary judgment by no later than August 14, 2019. Plaintiff shall file its cross-motion for summary judgment and opposition by no later than September 4, 2019. Defendant shall file its opposition to plaintiff's cross-motion and its reply by no later than September 18, 2019. Plaintiff shall file its reply by no later than September 25, 2019. Signed by Judge Emmet G. Sullivan on 7/13/19.(lcegs2) (Entered: 07/13/2019)
2019-07-15Set/Reset Deadlines: Defendant Motion For Summary Judgment due by 8/14/2019. Plaintiff Cross-Motion For Summary Judgment And Opposition due by 09/04/2019. Defendant Opposition To Plaintiff's Cross-Motion And Reply due by 9/18/2019. Plaintiff Reply due by 9/25/2019. (mac) (Entered: 07/15/2019)
2019-08-1412MOTION for Summary Judgment by U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Streeter Declaration, # 4 Exhibits)(Taaffe, Damon) (Entered: 08/14/2019)
2019-08-27MINUTE ORDER denying without prejudice 12 defendant's motion for summary judgment for failure to comply with paragraph 13 of 7 the Court's standing order governing civil cases. The plaintiff's deadline to respond to the defendant's motion for summary judgment is hereby VACATED. The parties are directed to submit a proposed schedule for rebriefing summary judgment by no later than September 6, 2019. Signed by Judge Emmet G. Sullivan on 8/27/2019. (lcegs2) (Entered: 08/27/2019)
2019-09-0313Amended MOTION for Summary Judgment by U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (Attachments: # 1 Statement of Facts (Corrected), # 2 Streeter Declaration, # 3 Exhibits, # 4 Memorandum in Support)(Taaffe, Damon) (Entered: 09/03/2019)
2019-09-0614PROPOSED BRIEFING SCHEDULE (JOINT) by LEGAL SERVICES OF EASTERN MISSOURI. (Attachments: # 1 Text of Proposed Order)(Kirkpatrick, Michael) (Entered: 09/06/2019)
2019-09-1015Cross MOTION for Summary Judgment by LEGAL SERVICES OF EASTERN MISSOURI (Attachments: # 1 Declaration of Lisa J. D'Souza with Attached Exhibits, # 2 Text of Proposed Order)(Llewellyn, Patrick) (Entered: 09/10/2019)
2019-09-1016Memorandum in opposition to re 13 Amended MOTION for Summary Judgment filed by LEGAL SERVICES OF EASTERN MISSOURI. (Attachments: # 1 Declaration of Lisa J. D'Souza with Attached Exhibits, # 2 Text of Proposed Order)(Llewellyn, Patrick) (Entered: 09/10/2019)
2019-09-2717Memorandum in opposition to re 15 Cross MOTION for Summary Judgment filed by U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. (Attachments: # 1 Statement of Facts (Response), # 2 Declaration Sherrod)(Taaffe, Damon) (Entered: 09/27/2019)
2019-09-2718REPLY to opposition to motion re 13 Amended MOTION for Summary Judgment filed by U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. (Attachments: # 1 Statement of Facts (Reply), # 2 Declaration Sherrod)(Taaffe, Damon) (Entered: 09/27/2019)
2019-10-0719Joint STATUS REPORT by LEGAL SERVICES OF EASTERN MISSOURI. (Attachments: # 1 Text of Proposed Order)(Llewellyn, Patrick) (Entered: 10/07/2019)
2019-10-07MINUTE ORDER. Upon consideration of 19 the parties' joint status report, the parties are directed to file a joint stipulation of dismissal or a further joint status report with a recommendation for further proceedings by no later than November 6, 2019. Signed by Judge Emmet G. Sullivan on 10/7/2019. (lcegs2) (Entered: 10/07/2019)
2019-10-08Set/Reset Deadlines: Joint Stipulation Of Dismissal Or Further Joint Status Report due by 11/6/2019. (mac) (Entered: 10/08/2019)
2019-11-0620Joint STATUS REPORT by U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. (Attachments: # 1 Text of Proposed Order)(Taaffe, Damon) (Entered: 11/06/2019)
2019-11-07MINUTE ORDER. In view of 20 the parties' joint status report, the parties are directed to file a further joint status report by no later than November 20, 2019. Signed by Judge Emmet G. Sullivan on 11/7/2019. (lcegs2) (Entered: 11/07/2019)
2019-11-07Set/Reset Deadlines: Further Joint Status Report due by 11/20/2019. (mac) (Entered: 11/07/2019)
2019-11-1321STIPULATION and Proposed Order by LEGAL SERVICES OF EASTERN MISSOURI. (Llewellyn, Patrick) (Entered: 11/13/2019)
2019-11-1822STIPULATION AND ORDER. Signed by Judge Emmet G. Sullivan on 11/16/19. (mac) (Entered: 11/18/2019)
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by FOIA Project Staff
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