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Case TitleCENTER FOR PUBLIC INTEGRITY v. U.S. DEPARTMENT OF DEFENSE et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2019cv03265
Date Filed2019-10-30
Date ClosedOpen
JudgeJudge Colleen Kollar-Kotelly
PlaintiffCENTER FOR PUBLIC INTEGRITY
Case DescriptionThe Center for Public Integrity submitted FOIA requests to the Department of Defense and OMB for records concerning communications between DOD acting comptroller Elaine McCusker and OMB pertaining to the Ukraine Security Assistance Initiative. CPI also requested expedited processing. Both agencies acknowledged receipt of the requests but after hearing nothing further from either agency, CPI filed suit.
Complaint issues: Failure to respond within statutory time limit, Expedited processing, Litigation - Attorney's fees

DefendantU.S. DEPARTMENT OF DEFENSE
DefendantOFFICE OF MANAGEMENT AND BUDGET
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2019-10-301COMPLAINT against All Defendants ( Filing fee $ 400 receipt number ADCDC-6492032) filed by CENTER FOR PUBLIC INTEGRITY. (Attachments: # 1 Exhibit FOIA Requests, # 2 Civil Cover Sheet, # 3 Summons DoD, # 4 Summons OMB, # 5 Summons U.S. Attorney, # 6 Summons Attorney General)(Smith, Peter) (Entered: 10/30/2019)
2019-10-302LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by CENTER FOR PUBLIC INTEGRITY (Smith, Peter) (Entered: 10/30/2019)
2019-10-31Case assigned to Judge Colleen Kollar-Kotelly. (zmc) (Entered: 10/31/2019)
2019-10-313SUMMONS (4) Issued Electronically as to OFFICE OF MANAGEMENT AND BUDGET, U.S. DEPARTMENT OF DEFENSE, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(zmc) (Entered: 10/31/2019)
2019-10-314MOTION for Preliminary Injunction by CENTER FOR PUBLIC INTEGRITY (Attachments: # 1 Text of Proposed Order)(Smith, Peter) (Entered: 10/31/2019)
2019-11-015RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 10/31/2019. Answer due for ALL FEDERAL DEFENDANTS by 11/30/2019. (Smith, Peter) (Entered: 11/01/2019)
2019-11-016NOTICE of Appearance by Amber Richer on behalf of OFFICE OF MANAGEMENT AND BUDGET, U.S. DEPARTMENT OF DEFENSE (Richer, Amber) (Entered: 11/01/2019)
2019-11-01Minute Order. The Court hereby schedules a teleconference in this matter for NOVEMBER 4, 2019 at 2:00 p.m. Counsel should be prepared to discuss the status of Plaintiff's FOIA requests as well as a briefing schedule for Plaintiff's Motion for a Preliminary Injunction. Signed by Judge Colleen Kollar-Kotelly on 11-1-2019. (lcckk3) (Entered: 11/01/2019)
2019-11-01Set/Reset Hearings: Telephone Conference on the record set for 11/4/2019 at 2:00 PM in Courtroom 28A before Judge Colleen Kollar-Kotelly. (dot) (Entered: 11/04/2019)
2019-11-047RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF DEFENSE served on 11/4/2019 (Attachments: # 1 Exhibit USPS Return Receipt-DoD)(Smith, Peter) (Entered: 11/04/2019)
2019-11-04Minute Entry for proceedings held before Judge Colleen Kollar-Kotelly: Telephone Conference on the record held on 11/4/2019. (Court Reporter Lisa Edwards.) (dot) (Entered: 11/04/2019)
2019-11-04Minute Order. The Court conducted a teleconference in this matter on November 4, 2019. Defendants reported that service of the Complaint and the Preliminary Injunction has been completed. However, neither Defendant has yet to make a determination of the volume of documents encompassed by Plaintiff's FOIA requests. Defendants are ORDERED to file a Response to Plaintiff's Motion for a Preliminary Injunction by NOVEMBER 12, 2019. Plaintiff is ORDERED to file a Reply in support of its Motion by NOVEMBER 14, 2019. This briefing schedule should give the parties adequate time to determine the volume of documents in Plaintiff's requests and to decide if a production schedule can be agreed upon. Signed by Judge Colleen Kollar-Kotelly on 11-4-2019. (lcckk3) (Entered: 11/04/2019)
2019-11-04Set/Reset Deadlines: Defendants' Response to 4 due by 11/12/2019. Plaintiff's Reply to 4 due by 11/14/2019. (dot) (Entered: 11/05/2019)
2019-11-068ORDER ESTABLISHING PROCEDURES FOR CASES ASSIGNED TO JUDGE COLLEEN KOLLAR-KOTELLY. Signed by Judge Colleen Kollar-Kotelly on 11/6/19. (DM) (Entered: 11/06/2019)
2019-11-089RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. OFFICE OF MANAGEMENT AND BUDGET served on 11/8/2019, RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 11/5/2019. (Attachments: # 1 Exhibit USPS Return Receipt-OMB, # 2 Exhibit USPS Return Receipt-AttyGen)(Smith, Peter) (Entered: 11/08/2019)
2019-11-1210Memorandum in opposition to re 4 MOTION for Preliminary Injunction filed by OFFICE OF MANAGEMENT AND BUDGET, U.S. DEPARTMENT OF DEFENSE. (Attachments: # 1 Declaration, # 2 Declaration)(Richer, Amber) (Entered: 11/12/2019)
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