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Case TitleAMERICAN OVERSIGHT v. U.S. DEPARTMENT OF JUSTICE
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2019cv02563
Date Filed2019-08-26
Date ClosedOpen
JudgeJudge Timothy J. Kelly
PlaintiffAMERICAN OVERSIGHT
Case DescriptionAmerican Oversight submitted two FOIA requests to the Department of Justice for records concerning communications between the agency and U.S. Attorney for the District of Connecticut John Durham, who had been directed to head several investigations. American Oversight's second FOIA request also asked for communications involving the White House pertaining to Durham's investigations. The agency acknowledged receipt of the requests but after hearing nothing further from the agency, American Oversight filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Attorney's fees

DefendantU.S. DEPARTMENT OF JUSTICE
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

2019-08-261COMPLAINT against U.S. DEPARTMENT OF JUSTICE ( Filing fee $ 400 receipt number 0090-6340404) filed by AMERICAN OVERSIGHT. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons, # 4 Summons)(McGrath, Daniel) (Entered: 08/26/2019)
2019-08-262LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by AMERICAN OVERSIGHT (McGrath, Daniel) (Entered: 08/26/2019)
2019-08-28Case Assigned to Judge Timothy J. Kelly. (zeg) (Entered: 08/28/2019)
2019-08-283SUMMONS (3) Issued Electronically as to U.S. DEPARTMENT OF JUSTICE, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(zeg) (Entered: 08/28/2019)
2019-09-064RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 8/28/2019. ( Answer due for ALL FEDERAL DEFENDANTS by 9/27/2019.), RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 9/3/2019., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF JUSTICE served on 9/3/2019 (McGrath, Daniel) (Entered: 09/06/2019)
2019-09-275NOTICE of Appearance by Kuntal Virendra Cholera on behalf of All Defendants (Cholera, Kuntal) (Main Document 5 replaced on 9/30/2019) (ztth). (Entered: 09/27/2019)
2019-09-276ANSWER to Complaint by U.S. DEPARTMENT OF JUSTICE.(Cholera, Kuntal) (Entered: 09/27/2019)
2019-10-01MINUTE ORDER: Before the Court in this FOIA case are a complaint and an answer. It is hereby ORDERED that the parties shall meet, confer, and file a joint proposed schedule for briefing or disclosure by October 29, 2019. Signed by Judge Timothy J. Kelly on 10/1/2019. (lctjk3) (Entered: 10/01/2019)
2019-10-297Joint STATUS REPORT and Proposed Schedule by U.S. DEPARTMENT OF JUSTICE. (Cholera, Kuntal) (Entered: 10/29/2019)
2019-10-30MINUTE ORDER: In light of the parties' 7 Joint Status Report, it is hereby ORDERED that the parties shall file a further joint status report by January 7, 2020. Signed by Judge Timothy J. Kelly on 10/30/2019. (lctkj3) (Entered: 10/30/2019)
2020-01-078Joint STATUS REPORT by AMERICAN OVERSIGHT. (McGrath, Daniel) (Entered: 01/07/2020)
2020-01-07MINUTE ORDER: In light of the parties' 8 Joint Status Report, it is hereby ORDERED that the parties shall file a further joint status report by February 12, 2020. Signed by Judge Timothy J. Kelly on 1/7/2020. (lctjk3) (Entered: 01/07/2020)
2020-02-129Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Cholera, Kuntal) (Entered: 02/12/2020)
2020-02-12MINUTE ORDER: Upon consideration of the parties' 9 Joint Status Report, it is hereby ORDERED that the parties shall file a further joint status report by April 14, 2020. Signed by Judge Timothy J. Kelly on 2/12/2020. (lctjk3) (Entered: 02/12/2020)
2020-04-1410Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Cholera, Kuntal) (Entered: 04/14/2020)
2020-04-15MINUTE ORDER: Upon consideration of the parties' 10 Joint Status Report, it is hereby ORDERED that the parties shall file a further joint status report by June 24, 2020. Signed by Judge Timothy J. Kelly on 4/15/2020. (lctjk3) (Entered: 04/15/2020)
2020-06-2411Joint STATUS REPORT by AMERICAN OVERSIGHT. (McGrath, Daniel) (Entered: 06/24/2020)
2020-06-25MINUTE ORDER: Upon consideration of the parties' 11 Joint Status Report, it is hereby ORDERED that the parties shall file a further joint status report by August 7, 2020. Signed by Judge Timothy J. Kelly on 6/25/2020. (lctjk3) (Entered: 06/25/2020)
2020-08-0712Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Cholera, Kuntal) (Entered: 08/07/2020)
2020-08-10MINUTE ORDER: Upon consideration of the parties' 12 Joint Status Report, it is hereby ORDERED that the parties shall file a further joint status report by September 15, 2020. Signed by Judge Timothy J. Kelly on 8/10/2020. (lctjk3) (Entered: 08/10/2020)
2020-09-1513Joint STATUS REPORT by AMERICAN OVERSIGHT. (McGrath, Daniel) (Entered: 09/15/2020)
2020-09-18MINUTE ORDER: Upon consideration of the parties' 13 Joint Status Report, it is hereby ORDERED that the parties shall file a further joint status report by November 2, 2020. Signed by Judge Timothy J. Kelly on 9/18/2020. (lctjk3) (Entered: 09/18/2020)
2020-11-0214Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Cholera, Kuntal) (Entered: 11/02/2020)
2020-11-03MINUTE ORDER: Upon consideration of the parties' 14 Joint Status Report, it is hereby ORDERED that the parties shall file a further joint status report by December 16, 2020. Signed by Judge Timothy J. Kelly on 11/03/2020. (lctjk3) (Entered: 11/03/2020)
2020-12-1615Joint STATUS REPORT by AMERICAN OVERSIGHT. (McGrath, Daniel) (Entered: 12/16/2020)
2020-12-17MINUTE ORDER: Upon consideration of the parties' 15 Joint Status Report, it is hereby ORDERED that the parties shall file a further joint status report by February 18, 2021 and every 45 days thereafter. Signed by Judge Timothy J. Kelly on 12/17/2020. (lctjk3) (Entered: 12/17/2020)
2021-02-1816Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Cholera, Kuntal) (Entered: 02/18/2021)
2021-04-08MINUTE ORDER: The parties last submitted a joint status report on February 18, 2021. Per the Court's December 17, 2020, Minute Order, the parties were required to file another joint status report by April 5, 2021. The parties have failed to meet that deadline. Therefore, it is hereby ORDERED that the parties shall file a further joint status report by April 15, 2021, and every 45 days thereafter. Signed by Judge Timothy J. Kelly on 04/08/2021. (lctjk3) (Entered: 04/08/2021)
2021-04-1417Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Cholera, Kuntal) (Entered: 04/14/2021)
2021-04-2918NOTICE of Appearance by Hart W. Wood on behalf of AMERICAN OVERSIGHT (Wood, Hart) (Entered: 04/29/2021)
2021-04-2919NOTICE OF WITHDRAWAL OF APPEARANCE as to AMERICAN OVERSIGHT. Attorney Daniel Alexander McGrath terminated. (McGrath, Daniel) (Entered: 04/29/2021)
2021-06-0120Joint STATUS REPORT by AMERICAN OVERSIGHT. (Wood, Hart) (Entered: 06/01/2021)
2021-06-01MINUTE ORDER: Upon consideration of the parties' 20 Joint Status Report, it is hereby ORDERED that the parties shall submit a joint status report by September 1, 2021, that shall inform the Court of any disputes that require judicial resolution and include, if appropriate, a proposed dispositive motion briefing schedule. Signed by Judge Timothy J. Kelly on 06/01/2021. (lctjk3) (Entered: 06/01/2021)
2021-09-0121Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Cholera, Kuntal) (Entered: 09/01/2021)
2021-09-03MINUTE ORDER: Upon consideration of the parties' 21 Joint Status Report, it is hereby ORDERED that the parties shall submit a joint status report by November 1, 2021, that shall (i) inform the Court of any disputes that may require judicial resolution and (ii) include a proposed dispositive motion briefing schedule. Signed by Judge Timothy J. Kelly on 09/03/2021. (lctjk3) (Entered: 09/03/2021)
2021-11-0122Joint STATUS REPORT by AMERICAN OVERSIGHT. (Wood, Hart) (Entered: 11/01/2021)
2021-11-02MINUTE ORDER: Upon consideration of the parties' 22 Joint Status Report, it is hereby ORDERED that the parties shall submit a joint status report by January 14, 2022, that shall inform the Court of any disputes that require judicial resolution and include, if appropriate, a proposed dispositive motion briefing schedule. Signed by Judge Timothy J. Kelly on 11/2/2021. (lctjk3) Modified to title entry on 11/2/2021 (zkh). (Entered: 11/02/2021)
2022-01-1423Joint STATUS REPORT by AMERICAN OVERSIGHT. (Wood, Hart) (Entered: 01/14/2022)
2022-01-18MINUTE ORDER: Upon consideration of the parties' 23 Joint Status Report, it is hereby ORDERED that by April 14, 2022, the parties shall submit a joint status report informing the Court of any disputes that require judicial resolution and include, if appropriate, a proposed dispositive briefing schedule. Signed by Judge Timothy J. Kelly on 1/18/2022. (lctjk3) (Entered: 01/18/2022)
2022-04-1424Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Cholera, Kuntal) (Entered: 04/14/2022)
2022-04-15MINUTE ORDER: Upon consideration of the parties' 24 Joint Status Report, it is hereby ORDERED that by June 2, 2022, the parties shall submit a further joint status report informing the Court of any disputes that require judicial resolution and include, if appropriate, a proposed dispositive briefing schedule. Signed by Judge Timothy J. Kelly on 4/15/2022. (lctjk3) (Entered: 04/15/2022)
2022-06-0225Joint STATUS REPORT by AMERICAN OVERSIGHT. (Wood, Hart) (Entered: 06/02/2022)
2022-06-03MINUTE ORDER: Upon consideration of the parties' 25 Joint Status Report, it is hereby ORDERED that by July 15, 2022, the parties shall submit a further joint status report informing the Court of any disputes that require judicial resolution and include, if appropriate, a proposed dispositive briefing schedule. Signed by Judge Timothy J. Kelly on 6/3/2022. (lctjk3) (Entered: 06/03/2022)
2022-07-1526Joint STATUS REPORT by AMERICAN OVERSIGHT. (Wood, Hart) (Entered: 07/15/2022)
2022-07-19MINUTE ORDER: Upon consideration of the parties' 26 Joint Status Report, it is hereby ORDERED that by September 15, 2022, the parties shall submit a further joint status report informing the Court of any disputes that require judicial resolution and include, if appropriate, a proposed dispositive briefing schedule. Signed by Judge Timothy J. Kelly on 7/19/2022. (lctjk3) Modified to identify entry as minute order on 7/19/2022 (zkh). (Entered: 07/19/2022)
2022-09-1527Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Cholera, Kuntal) (Entered: 09/15/2022)
2022-09-16MINUTE ORDER: Upon consideration of the parties' 27 Joint Status Report, it is hereby ORDERED that by October 20, 2022, the parties shall submit a further joint status report informing the Court of any disputes that require judicial resolution and include, if appropriate, a proposed dispositive briefing schedule. Signed by Judge Timothy J. Kelly on 9/16/2022. (lctjk3) (Entered: 09/16/2022)
2022-10-2028Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Cholera, Kuntal) (Entered: 10/20/2022)
2022-10-21MINUTE ORDER: Upon consideration of the parties' 28 Joint Status Report, it is hereby ORDERED that by January 18, 2023, the parties shall submit a further joint status report informing the Court of any disputes that require judicial resolution and include, if appropriate, a proposed dispositive briefing schedule. Signed by Judge Timothy J. Kelly on 10/21/2022. (lctjk3) (Entered: 10/21/2022)
2022-11-2229NOTICE of Appearance by Christopher A. Eiswerth on behalf of U.S. DEPARTMENT OF JUSTICE (Eiswerth, Christopher) (Entered: 11/22/2022)
2022-12-1330MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Benjamin A. Sparks, Filing fee $ 100, receipt number ADCDC-9730554. Fee Status: Fee Paid. by AMERICAN OVERSIGHT. (Attachments: # 1 Text of Proposed Order, # 2 Declaration, # 3 Exhibit A)(Wood, Hart) (Entered: 12/13/2022)
2022-12-14MINUTE ORDER granting Plaintiff's 30 Motion for Admission Pro Hac Vice . Attorney Benjamin A. Sparks is hereby admitted pro hac vice to appear in this matter on behalf of Plaintiff American Oversight. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). Click for instructions. Signed by Judge Timothy J. Kelly on 12/14/2022. (lctjk3) (Entered: 12/14/2022)
2022-12-1931NOTICE of Appearance by Benjamin A. Sparks on behalf of AMERICAN OVERSIGHT (Sparks, Benjamin) (Main Document 31 replaced on 12/20/2022) (rj). Modified on 12/20/2022 to flatten pdf(rj). (Entered: 12/19/2022)
2023-01-1832Joint STATUS REPORT by AMERICAN OVERSIGHT. (Sparks, Benjamin) (Entered: 01/18/2023)
2023-01-19MINUTE ORDER: Upon consideration of the parties' 32 Joint Status Report, it is hereby ORDERED that the parties shall file, by February 17, 2023, a further joint status report. Signed by Judge Timothy J. Kelly on 1/19/2023. (lctjk3) (Entered: 01/19/2023)
2023-02-1733Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Eiswerth, Christopher) (Entered: 02/17/2023)
2023-02-20MINUTE ORDER: Upon consideration of the parties' 33 Joint Status Report, it is hereby ORDERED that the parties shall file, by March 17, 2023, a further joint status report informing the Court whether any outstanding disputes require judicial resolution. Signed by Judge Timothy J. Kelly on 2/20/2023. (lctjk3) (Entered: 02/20/2023)
2023-03-1734Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Eiswerth, Christopher) (Entered: 03/17/2023)
2023-03-20VACATED PURSUANT TO ORDER FILED 5/15/2023..... MINUTE ORDER: Upon consideration of the parties' 34 Joint Status Report, it is hereby ORDERED that the following schedule shall govern proceedings: Defendant shall file any motion for partial summary judgment regarding Exemption 7(A) by May 12, 2023; Plaintiff shall file any cross-motion by June 16, 2023; Defendant shall file any consolidated response and reply by July 21, 2023; and Plaintiff shall file any reply by August 11, 2023. It is further ORDERED that the filing of any motion for partial summary judgment regarding Exemption 7(A) shall not foreclose Defendant's raising of any other basis for withholding documents responsive to Plaintiff's requests. Signed by Judge Timothy J. Kelly on 3/20/2023. (lctjk3) Modified to vacate order on 5/15/2023 (zkh). (Entered: 03/20/2023)
2023-05-1235Unopposed MOTION to Vacate Order,,, Set Deadlines,, by U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order)(Eiswerth, Christopher) (Entered: 05/12/2023)
2023-05-15MINUTE ORDER granting Defendant's 35 Unopposed Motion to Vacate Briefing Schedule. Upon consideration of Defendant's 35 Unopposed Motion to Vacate Briefing Schedule, it is hereby ORDERED that the motion is GRANTED. The briefing schedule set by the Court's Minute Order of March 20, 2023, is VACATED. It is further ORDERED that the parties shall file a joint status report by June 16, 2023. Signed by Judge Timothy J. Kelly on 5/15/2023. (lctjk3) (Entered: 05/15/2023)
2023-06-1636Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Eiswerth, Christopher) (Entered: 06/16/2023)
2023-06-20MINUTE ORDER: Upon consideration of the parties' 36 Joint Status Report, it is hereby ORDERED that the parties shall file, by July 14, 2023, a further joint status report. Signed by Judge Timothy J. Kelly on 6/20/2023. (lctjk3) (Entered: 06/20/2023)
2023-07-1337NOTICE OF WITHDRAWAL OF APPEARANCE as to AMERICAN OVERSIGHT. Attorney Hart W. Wood terminated. (Wood, Hart) (Entered: 07/13/2023)
2023-07-1338NOTICE of Appearance by Katherine Marie Anthony on behalf of AMERICAN OVERSIGHT (Anthony, Katherine) (Entered: 07/13/2023)
2023-07-1439Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Eiswerth, Christopher) (Entered: 07/14/2023)
2023-07-17MINUTE ORDER: Upon consideration of the parties' 39 Joint Status Report, it is hereby ORDERED that the parties shall file, by August 14, 2023, a further joint status report. Signed by Judge Timothy J. Kelly on 7/17/2023. (lctjk3) (Entered: 07/17/2023)
2023-08-1440Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Eiswerth, Christopher) (Entered: 08/14/2023)
2023-08-15MINUTE ORDER: Upon consideration of the parties' 40 Joint Status Report, it is hereby ORDERED that the parties shall file, by September 14, 2023, a further joint status report. Signed by Judge Timothy J. Kelly on 8/15/2023. (lctjk3) (Entered: 08/15/2023)
2023-09-1441Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Eiswerth, Christopher) (Entered: 09/14/2023)
2023-09-15MINUTE ORDER: Upon consideration of the parties' 41 Joint Status Report, it is hereby ORDERED that the parties shall file, by October 16, 2023, a further joint status report. Signed by Judge Timothy J. Kelly on 9/15/2023. (lctjk3) (Entered: 09/15/2023)
2023-10-1642Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Eiswerth, Christopher) (Entered: 10/16/2023)
2023-10-17MINUTE ORDER: Upon consideration of the parties' 42 Joint Status Report, it is hereby ORDERED that the parties shall file, by November 16, 2023, a further joint status report. Signed by Judge Timothy J. Kelly on 10/17/2023. (lctjk3) (Entered: 10/17/2023)
2023-11-1643Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Eiswerth, Christopher) (Entered: 11/16/2023)
2023-11-17MINUTE ORDER: Upon consideration of the parties' 43 Joint Status Report, it is hereby ORDERED that the parties shall file, by December 15, 2023, a further joint status report. Signed by Judge Timothy J. Kelly on 11/17/2023. (lctjk3) (Entered: 11/17/2023)
2023-12-1544Joint STATUS REPORT by AMERICAN OVERSIGHT. (Sparks, Benjamin) (Entered: 12/15/2023)
2023-12-15MINUTE ORDER: Upon consideration of the parties' 44 Joint Status Report, it is hereby ORDERED that the parties shall file, by January 15, 2024, a further joint status report. Signed by Judge Timothy J. Kelly on 12/15/2023. (lctjk3) (Entered: 12/15/2023)
2024-01-1245Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Eiswerth, Christopher) (Entered: 01/12/2024)
2024-01-16MINUTE ORDER: Upon consideration of the parties' 45 Joint Status Report, it is hereby ORDERED that the parties shall file, by February 15, 2024, a further joint status report. Signed by Judge Timothy J. Kelly on 1/16/2024. (lctjk3) (Entered: 01/16/2024)
2024-02-1546Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Eiswerth, Christopher) (Entered: 02/15/2024)
2024-02-21MINUTE ORDER: Upon consideration of the parties' 46 Joint Status Report, it is hereby ORDERED that the parties shall file, by March 15, 2024, a further joint status report. Signed by Judge Timothy J. Kelly on 2/21/2024. (lctjk3) (Entered: 02/21/2024)
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