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Case Title100REPORTERS et al v. U.S. DEPARTMENT OF STATE
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2019cv01753
Date Filed2019-06-17
Date ClosedOpen
JudgeJudge Randolph D. Moss
Plaintiff100REPORTERS
PlaintiffDOUGLAS GILLISON
Case Description1000Reporters submitted two FOIA requests to the Department of State for records concerning the agency's vetting of foreign and military security personnel under the Leahy Law. 1000Reporters also requested a fee waiver. The agency acknowledged receipt of the requests. The agency granted 1000Reporters' request for a fee waiver pertaining to its first request, but after the agency failed to respond, 1000Reporters filed an administrative appeal, which was denied. The agency asked 1000Reporters to narrow the scope of its second request, which it did. However, after hearing nothing further from the agency pertaining to either request, 1000Reporters filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Public Interest Fee Waiver, Litigation - Attorney's fees

DefendantU.S. DEPARTMENT OF STATE
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
Complaint attachment 11
Complaint attachment 12
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2019-06-171COMPLAINT against U.S. DEPARTMENT OF STATE ( Filing fee $ 400 receipt number 0090-6192705) filed by 100REPORTERS, Douglas Gillison. (Attachments: # 1 Civil Cover Sheet, # 2 Rule LCvR 26.1 Certificate, # 3 Summons, # 4 Exhibit A, # 5 Exhibit B, # 6 Exhibit C, # 7 Exhibit D, # 8 Exhibit E, # 9 Exhibit F, # 10 Exhibit G, # 11 Exhibit H, # 12 Exhibit I)(Townsend, KatieLynn) (Attachment 2 replaced on 6/17/2019) (zef, ). (Attachment 1 replaced on 6/17/2019) (zef, ). Modified text on 6/17/2019 (zef, ). (Entered: 06/17/2019)
2019-06-172LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by 100REPORTERS LLC, Douglas Gillison (zef, ) (Entered: 06/17/2019)
2019-06-17Case Assigned to Judge Randolph D. Moss. (zef, ) (Entered: 06/17/2019)
2019-06-173SUMMONS (3) Issued Electronically as to U.S. DEPARTMENT OF STATE, U.S. Attorney and U.S. Attorney General. (Attachments: # 1 Notice and Consent)(zef, ) (Entered: 06/17/2019)
2019-06-244RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 6/24/2019. Answer due for ALL FEDERAL DEFENDANTS by 7/24/2019. (Townsend, KatieLynn) (Entered: 06/24/2019)
2019-06-245RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 6/24/19., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF STATE served on 6/24/2019 (Townsend, KatieLynn) (Entered: 06/24/2019)
2019-07-106STANDING ORDER: The parties are hereby ORDERED to comply with the directives set forth in this Court's Standing Order. See document for details. Signed by Judge Randolph D. Moss on 7/10/2019. (lcrdm1, ) (Entered: 07/10/2019)
2019-07-247ANSWER to Complaint by U.S. DEPARTMENT OF STATE.(Peterson, Benton) (Entered: 07/24/2019)
2019-07-318NOTICE of Appearance by Benton Gregory Peterson on behalf of U.S. DEPARTMENT OF STATE (Peterson, Benton) (Entered: 07/31/2019)
2019-10-09MINUTE ORDER: It is hereby ORDERED that the parties shall appear for an initial FOIA status conference on October 22, 2019 at 10:45 a.m. It is further ORDERED that the parties shall meet and confer prior to the status conference. Signed by Judge Randolph D. Moss on 10/9/19. (lcrdm1) (Entered: 10/09/2019)
2019-10-09Set/Reset Hearings: Status Conference set for 10/22/2019, at 10:45 AM, in Courtroom 21, before Judge Randolph D. Moss. (kt) (Entered: 10/09/2019)
2019-10-099NOTICE of Appearance by Gunita Singh on behalf of 100REPORTERS, DOUGLAS GILLISON (Singh, Gunita) (Entered: 10/09/2019)
2019-10-1010Consent MOTION to Continue Status Conference by 100REPORTERS, DOUGLAS GILLISON (Attachments: # 1 Text of Proposed Order)(Townsend, KatieLynn) (Entered: 10/10/2019)
2019-10-10MINUTE ORDER: Upon consideration of Plaintiffs' consent motion to continue status conference, Dkt. 10 , it is hereby ORDERED that the motion is GRANTED. It is further ORDERED that the status conference originally scheduled for October 22, 2019 is hereby VACATED and RESCHEDULED for October 30, 2019 at 11:00 a.m. Signed by Judge Randolph D. Moss on 10/10/19. (lcrdm1) (Entered: 10/10/2019)
2019-10-10Set/Reset Hearings: The Status Conference set for 10/22/2019 is VACATED and RESCHEDULED for 10/30/2019, at 11:00 AM, in Courtroom 21, before Judge Randolph D. Moss. (kt) (Entered: 10/10/2019)
2019-10-22MINUTE ORDER: In light of the Court's earlier minute order requiring the parties to meet and confer prior to the October 30, 2019 status conference, Minute Order (Oct. 9, 2019), it is hereby ORDERED that the parties shall file, on or before October 28, 2019, a joint status report addressing (1) any documents still to be produced pursuant to FOIA; (2) an anticipated schedule for processing and producing any such documents, and (3) any substantive areas of disagreement between the parties. Signed by Judge Randolph D. Moss on 10/22/19. (lcrdm1) (Entered: 10/22/2019)
2019-10-23Set/Reset Deadlines: Joint Status Report due by 10/28/2019. (kt) (Entered: 10/23/2019)
2019-10-2811Joint STATUS REPORT by 100REPORTERS, DOUGLAS GILLISON. (Townsend, KatieLynn) (Entered: 10/28/2019)
2019-10-28MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 11 , it is hereby ORDERED that the parties shall file a further joint status report on or before January 24, 2020. Signed by Judge Randolph D. Moss on 10/28/19. (lcrdm1) (Entered: 10/28/2019)
2019-10-28MINUTE ORDER: It is hereby ORDERED that the status conference previously set for October 30, 2019 at 11:00 a.m. is hereby VACATED and RESCHEDULED for October 30, 2019 at 2:15 p.m. in Courtroom 21. Signed by Judge Randolph D. Moss on 10/28/19. (lcrdm3, ) (Entered: 10/28/2019)
2019-10-29Set/Reset Hearings: The Status Conference set for 10/30/2019 at 11:00 AM is RESCHEDULED to 2:15 PM, in Courtroom 21, before Judge Randolph D. Moss. (kt) (Entered: 10/29/2019)
2019-10-30Minute Entry for proceedings held before Judge Randolph D. Moss: Status Conference held on 10/30/2019. Production shall proceed at 500 pages a month (not produced, but reviewed for production). (Court Reporter: Jeff Hook.) (Entered: 10/30/2019)
2020-01-22MINUTE ORDER: The parties are hereby ORDERED to comply with the terms of the Court's revised standing order, which is available on the Court's website. Click for details. Signed by Judge Randolph D. Moss on 1/22/20. (lcrdm1) (Entered: 01/22/2020)
2020-01-2412Joint STATUS REPORT by 100REPORTERS, DOUGLAS GILLISON. (Townsend, KatieLynn) (Entered: 01/24/2020)
2020-01-24MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 12 , it is hereby ORDERED that the parties shall file a further joint status report on or before February 24, 2020. In light of the parties' indication that they may propose a briefing schedule, the Court advises the parties to refer to the Courts updated standing order, which explains its requirement that parties submit pre-motion filings and participate in a pre-motion conference prior to briefing motions for summary judgment. Signed by Judge Randolph D. Moss on 1/24/20. (lcrdm1) (Entered: 01/24/2020)
2020-02-2413Joint STATUS REPORT by 100REPORTERS, DOUGLAS GILLISON. (Townsend, KatieLynn) (Entered: 02/24/2020)
2020-02-26MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 13 , it is hereby ORDERED that Defendant shall provide declarations and Vaughn indices to Plaintiffs on or before April 24, 2020. It is further ORDERED that the parties shall submit their pre-motion summaries of their anticipated motion for summary judgment arguments on or before June 1, 2020. It is further ORDERED that the parties shall appear for a pre-motion conference on June 17, 2020 at 10:30 a.m. in the Judge Moss' jury room. Signed by Judge Randolph D. Moss on 2/26/20. (lcrdm1) Modified on 2/26/2020 to correct typo (kt). (Entered: 02/26/2020)
2020-02-26Set/Reset Hearings: Pre-motion Conference set for 6/17/2020, at 10:30 AM, in Jury Room before Judge Randolph D. Moss. (kt) (Entered: 02/26/2020)
2020-04-2314Unopposed MOTION to Stay by U.S. DEPARTMENT OF STATE (Attachments: # 1 Declaration, # 2 Text of Proposed Order)(Peterson, Benton) (Entered: 04/23/2020)
2020-04-25MINUTE ORDER: Upon consideration of Defendant's unopposed motion to stay, Dkt. 14 , it is hereby ORDERED that the motion is GRANTED. It is further ORDERED that this case is STAYED and all current deadlines are VACATED as well as the Pre-Motion Conference previously set for June, 17, 2020. It is further ORDERED that Defendant shall file a status report, on or before May 25, 2020 and every thirty days thereafter advising the Court whether Defendant's creation of Vaughn indexes can resume and, if so, proposing a revised schedule for this case. Signed by Judge Randolph D. Moss on 4/25/2020. (lcrdm1) Modified on 4/28/2020 to include vacating of Pre-Motion Conference (kt). (Entered: 04/25/2020)
2020-05-2615STATUS REPORT by U.S. DEPARTMENT OF STATE. (Peterson, Benton) (Entered: 05/26/2020)
2020-05-27MINUTE ORDER: Upon consideration of Defendant's status report, Dkt. 15 , it is hereby ORDERED that Defendant shall file a further status report on or before June 23, 2020 updating the Court on its ability to continue its response to Plaintiff's FOIA request. Signed by Judge Randolph D. Moss on 5/27/2020. (lcrdm1) (Entered: 05/27/2020)
2020-06-2516STATUS REPORT by U.S. DEPARTMENT OF STATE. (Peterson, Benton) (Entered: 06/25/2020)
2020-06-26MINUTE ORDER: Upon consideration of Defendant's status report, Dkt. 16 , it is hereby ORDERED that the parties shall file a joint status report on or before August 17, 2020. Signed by Judge Randolph D. Moss on 6/26/2020. (lcrdm1) (Entered: 06/26/2020)
2020-07-1517NOTICE OF SUBSTITUTION OF COUNSEL by Kathleene A. Molen on behalf of U.S. DEPARTMENT OF STATE Substituting for attorney Benton G. Peterson (Molen, Kathleene) (Entered: 07/15/2020)
2020-08-1718Joint STATUS REPORT by U.S. DEPARTMENT OF STATE. (Molen, Kathleene) (Entered: 08/17/2020)
2020-08-18MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 18 , it is hereby ORDERED that Defendant shall file its notice of its anticipated motion for summary judgment on or before September 23, 2020. It is further ORDERED that Plaintiffs shall file their notice of their anticipated motion for summary judgment and response to Defendant's notice on or before September 30, 2020. It is further ORDERED that the parties shall appear telephonically for a pre-motion conference on October 8, 2020 at 2:00 p.m. The Clerk of Court shall provide the parties with the dial-in information for the teleconference. Signed by Judge Randolph D. Moss on 8/18/2020. (lcrdm1) (Entered: 08/18/2020)
2020-09-2319NOTICE regarding summary judgment motion by U.S. DEPARTMENT OF STATE (Molen, Kathleene) (Entered: 09/23/2020)
2020-09-3020RESPONSE re 19 NOTICE regarding summary judgment motion by 100REPORTERS, DOUGLAS GILLISON (Townsend, KatieLynn) Modified event title and link on 10/2/2020 (znmw). (Entered: 09/30/2020)
2020-09-3021NOTICE of Appearance by Adam Alexander Marshall on behalf of 100REPORTERS, DOUGLAS GILLISON (Marshall, Adam) (Entered: 09/30/2020)
2020-10-08Minute Entry for proceedings held before Judge Randolph D. Moss: Telephonic Pre-motion Conference held on 10/8/2020. Defendant's opening brief due by 11/16/2020; Plaintiffs' opposition and cross motion due by 12/22/2020; Defendant's reply and opposition to cross motion due by 1/19/2021; Plaintiffs' reply to cross motion due by 2/2/2021. (Court Reporter: Sara Wick.) (kt) (Entered: 10/08/2020)
2020-10-2822Unopposed MOTION to Modify Briefing Schedule by U.S. DEPARTMENT OF STATE (Attachments: # 1 Text of Proposed Order)(Molen, Kathleene) (Entered: 10/28/2020)
2020-11-0523MINUTE ORDER: Upon consideration of Defendant's unopposed motion to modify the briefing schedule, Dkt. 22 , it is hereby ORDERED that the motion is GRANTED. Defendant's motion for summary judgment, previously due on or before November 16, 2020, is now due on or before December 16, 2020. Plaintiff's combined opposition and cross motion, previously due on or before December 22, 2020, is now due on or before January 22, 2021. Defendant's combined opposition and reply, previously due on or before January 19, 2021, is now due on or before February 19, 2021. Finally, Plaintiff's reply to cross motion, previously due on or before February 2, 2021, is now due on or before March 12, 2021. Signed by Judge Randolph D. Moss on 11/05/2020. (lcrdm1) (Entered: 11/05/2020)
2020-12-0924Unopposed MOTION to Modify Briefing Schedule by U.S. DEPARTMENT OF STATE (Attachments: # 1 Text of Proposed Order)(Molen, Kathleene) (Entered: 12/09/2020)
2020-12-10MINUTE ORDER: Upon consideration of Defendant's unopposed motion to modify the briefing schedule, Dkt. 24 , it is hereby ORDERED that the motion is GRANTED. Defendant's motion for summary judgment, previously due on or before December 16, 2020, shall now be due on or before January 6, 2021. Plaintiff's combined opposition and cross motion, previously due on or before January 22, 2021, shall now be due on or before February 12, 2021. Defendant's combined opposition and reply, previously due on or before February 19, 2021, shall now be due on or before March 12, 2021. Finally, Plaintiff's reply to cross motion, previously due on or before March 12, 2021, shall now be due on or before April 2, 2021. Signed by Judge Randolph D. Moss on 12/10/2020. (lcrdm1) (Entered: 12/10/2020)
2021-01-0625MOTION for Summary Judgment by U.S. DEPARTMENT OF STATE (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Declaration Second Declaration - Eric F. Stein, # 4 Declaration Charles O. Blaha, # 5 Exhibit A - Vaughn Index, # 6 Exhibit B, # 7 Exhibit C, # 8 Exhibit D, # 9 Exhibit E, # 10 Text of Proposed Order)(Molen, Kathleene) (Entered: 01/06/2021)
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