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Case TitleCITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON v. OFFICE OF MANAGEMENT AND BUDGET et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2019cv03488
Date Filed2019-11-20
Date Closed2020-12-11
JudgeJudge Thomas F. Hogan
PlaintiffCITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON
Case DescriptionCitizens for Responsibility and Ethics in Washington submitted FOIA requests to OMB, Department of Defense, and the Department of State. CREW's request to OMB asked for records concerning security assistance or military aid to Ukraine. CREW's requests to DOD and State asked for records concerning communications sent to or from OMB pertaining to security assistance or military aid to Ukraine. CREW also requested a fee waiver. The agencies acknowledged receipt of the requests. DOD told CREW that its request qualified for unusual circumstances. After hearing nothing further from the agencies, CREW filed suit.
Complaint issues: Litigation - Attorney's fees, Failure to respond within statutory time limit

DefendantOFFICE OF MANAGEMENT AND BUDGET
DefendantU.S. DEPARTMENT OF DEFENSE
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
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2019-11-201COMPLAINT against All Defendants ( Filing fee $ 400 receipt number ADCDC-6578013) filed by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON. (Attachments: # 1 Civil Cover Sheet, # 2 Summons Attorney General, # 3 Summons U.S. Attorney for the District of Columbia, # 4 Summons U.S. Department of Defense, # 5 Summons Office of Management and Budget, # 6 Summons U.S. Department of State)(Lutkenhaus, Jessica) (Entered: 11/20/2019)
2019-11-202LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON (Lutkenhaus, Jessica) (Entered: 11/20/2019)
2019-11-203NOTICE of Appearance by Anne L. Weismann on behalf of CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON (Weismann, Anne) (Entered: 11/20/2019)
2019-11-21Case assigned to Judge Thomas F. Hogan. (zmc) (Entered: 11/21/2019)
2019-11-214SUMMONS (5) Issued Electronically as to OFFICE OF MANAGEMENT AND BUDGET, U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF STATE, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(zmc) (Entered: 11/21/2019)
2019-12-095RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 11/29/2019. ( Answer due for ALL FEDERAL DEFENDANTS by 12/29/2019.), RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 11/29/19., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. OFFICE OF MANAGEMENT AND BUDGET served on 11/27/2019; U.S. DEPARTMENT OF DEFENSE served on 12/2/2019; U.S. DEPARTMENT OF STATE served on 12/9/2019 (Lutkenhaus, Jessica) (Entered: 12/09/2019)
2019-12-176AMENDED COMPLAINT against All Defendants filed by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON.(Lutkenhaus, Jessica) (Entered: 12/17/2019)
2019-12-317ANSWER to 6 Amended Complaint by OFFICE OF MANAGEMENT AND BUDGET, U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF STATE.(Zhou, Grace) (Entered: 12/31/2019)
2020-01-03MINUTE ORDER requiring the parties to confer and file a joint status report proposing a schedule for further proceedings. The status report should address the status of the plaintiff's FOIA request, including the anticipated number of documents responsive to the request, and the anticipated date(s) for the release of requested documents that are still being processed, if any. The parties shall file the joint status report on or before January 24, 2020. Signed by Judge Thomas F. Hogan on January 3, 2020. (CR) (Entered: 01/03/2020)
2020-01-06Set/Reset Deadlines: Joint Status Report due by 1/24/2020 (hs) (Entered: 01/06/2020)
2020-01-248Joint STATUS REPORT by OFFICE OF MANAGEMENT AND BUDGET, U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF STATE. (Zhou, Grace) (Entered: 01/24/2020)
2020-01-27MINUTE ORDER. Upon consideration of the parties' 8 Joint Status Report, it is hereby ORDERED that the parties shall file another joint status report on or before March 2, 2020. Signed by Judge Thomas F. Hogan on January 27, 2020. (CR) (Entered: 01/27/2020)
2020-01-28Set/Reset Deadlines: Joint Status Report due by 3/2/2020 (hs) (Entered: 01/28/2020)
2020-03-029Joint STATUS REPORT by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON. (Lutkenhaus, Jessica) (Entered: 03/02/2020)
2020-03-03MINUTE ORDER. In light of the parties' 9 Joint Status Report, it is hereby ORDERED that the State Department shall process potentially responsive documents at a rate of 300 pages per month and shall make rolling monthly productions to the Plaintiff every second Monday of the month, beginning on April 13, 2020. The parties shall submit a further Joint Status Report on or before April 20, 2020. Signed by Judge Thomas F. Hogan on March 3, 2020. (CR) (Entered: 03/03/2020)
2020-03-03Set/Reset Deadlines: Joint Status Report due by 4/20/2020 (hs) (Entered: 03/03/2020)
2020-03-19ENTERED IN ERROR*****Set/Reset Deadlines/Hearings: Joint Status Report due by 4/30/2020. (zcdw) Modified on 3/23/2020 (hs). (Entered: 03/22/2020)
2020-03-23NOTICE OF CORRECTED DOCKET ENTRY: Please disregard the joint status report deadline of 4/30/2020. The entry was erroneously entered in this case. (zcdw) (Entered: 03/23/2020)
2020-03-2710Unopposed MOTION to Stay Processing and Production Deadlines by U.S. DEPARTMENT OF STATE (Attachments: # 1 Declaration, # 2 Text of Proposed Order)(Zhou, Grace) (Entered: 03/27/2020)
2020-03-28MINUTE ORDER granting 10 Defendant U.S. Department of State's Unopposed Motion for a Stay of Existing Deadlines in Light of the COVID-19 Pandemic's Effect on Federal Government Operations. It is ORDERED that the State Department's processing and production deadlines for records responsive to Plaintiff's FOIA request is hereby STAYED for 60 days. It is further ORDERED that the parties shall provide the Court an update on the status of the State Department's FOIA processing abilities in the joint status report on April 20, 2020, and that the parties shall file a further joint status report on May 27, 2020, updating the Court on the status of the State Department's FOIA operations and proposing a schedule for the resumption of productions, if appropriate. SO ORDERED. Signed by Judge Thomas F. Hogan on March 28, 2020. (CR) (Entered: 03/28/2020)
2020-03-30Set/Reset Deadlines: Joint Status Report due by 4/20/2020 (hs) (Entered: 03/30/2020)
2020-03-30Set/Reset Deadlines: An additional Joint Status Report due by 5/27/2020 (hs) (Entered: 03/30/2020)
2020-04-06ENTERED IN ERROR.....MINUTE ORDER requiring the parties to confer and file a joint status report proposing a schedule for further proceedings. The status report should address the status of the plaintiff's FOIA request, including the anticipated number of documents responsive to the request, and the anticipated date(s) for the release of requested documents that are still being processed, if any. The parties shall file the joint status report on or before April 30, 2020. Signed by Judge Thomas F. Hogan on April 6, 2020. (CR) Modified on 4/6/2020 (znmw). (Entered: 04/06/2020)
2020-04-06Set/Reset Deadlines: Joint Status Report due by 4/30/2020 (hs) (Entered: 04/06/2020)
2020-04-06NOTICE OF CORRECTED DOCKET ENTRY: re Minute Order dated 4/6/2020 was entered in error and will be refiled in the correct case; please disregard. (znmw) (Entered: 04/06/2020)
2020-04-2011Joint STATUS REPORT by OFFICE OF MANAGEMENT AND BUDGET, U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF STATE. (Attachments: # 1 Declaration of Heather Walsh)(Zhou, Grace) (Entered: 04/20/2020)
2020-04-2412NOTICE OF WITHDRAWAL OF APPEARANCE as to CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON. Attorney Jessica A. Lutkenhaus terminated. (Lutkenhaus, Jessica) (Entered: 04/24/2020)
2020-05-2713Joint STATUS REPORT by OFFICE OF MANAGEMENT AND BUDGET, U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF STATE. (Zhou, Grace) (Entered: 05/27/2020)
2020-05-27MINUTE ORDER. In light of the parties' 13 Joint Status Report, it is hereby ordered that the parties shall file a further Joint Status Report on June 26, 2020, updating the Court on the status of State's FOIA processing, and proposing a schedule for States processing and productions moving forward. Signed by Judge Thomas F. Hogan on May 27, 2020. (CR) (Entered: 05/27/2020)
2020-05-29Set/Reset Deadlines: Joint Status Report due by 6/26/2020 (hs) (Entered: 05/29/2020)
2020-05-29Set/Reset Deadlines: Joint Status Report due by 6/26/2020 (hs) (Entered: 05/29/2020)
2020-06-2614Joint STATUS REPORT by U.S. DEPARTMENT OF STATE. (Attachments: # 1 Declaration)(Zhou, Grace) (Entered: 06/26/2020)
2020-06-29MINUTE ORDER. In light of the parties' 14 Joint Status Report, it is hereby ORDERED that the State Department shall process the remaining unclassified documents and produce all non-exempt material by July 28, 2020. It is further ORDERED that the parties shall submit a further Joint Status Report on or before July 31, 2020 updating the Court on the State Department's processing capabilities and proposing a schedule for processing of potentially responsive documents located on its classified system. Signed by Judge Thomas F. Hogan on June 29, 2020. (CR) (Entered: 06/29/2020)
2020-06-29Set/Reset Deadlines: Joint Status Report due by 7/31/2020 (hs) (Entered: 06/29/2020)
2020-07-3115Joint STATUS REPORT by U.S. DEPARTMENT OF STATE. (Attachments: # 1 Declaration)(Zhou, Grace) (Entered: 07/31/2020)
2020-08-06MINUTE ORDER. A telephonic status conference is scheduled for August 26, 2020 at 11:00 am before Judge Thomas F. Hogan. The State Department should be prepared to address its timeline for processing of classified documents. Signed by Judge Thomas F. Hogan on August 6, 2020. (CR) (Entered: 08/06/2020)
2020-08-06Set/Reset Hearings: Status Conference set for 8/26/2020 at 11:00 AM by Telephonic/VTC before Judge Thomas F. Hogan. (hs) (Entered: 08/06/2020)
2020-08-2416Supplemental STATUS REPORT by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON. (Attachments: # 1 Exhibit A)(Weismann, Anne) (Entered: 08/24/2020)
2020-08-26Minute Entry for Status Conference held on 8/26/2020 before Judge Thomas F. Hogan. Record Production due by 10/6/2020. Status Conference set for 10/7/2020 at 10:00 AM in Telephonic/VTC before Judge Thomas F. Hogan. Court Reporter Lorraine Herman. (zjch) (Entered: 08/26/2020)
2020-09-0117TRANSCRIPT OF PROCEEDINGS before Judge Thomas F. Hogan held on August 26, 2020. Page Numbers: 1-13. Date of Issuance: September 1, 2020. Court Reporter/Transcriber: Lorraine Herman. Telephone number: 2023543196. Transcripts may be ordered by submitting the Transcript Order Form For the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter. NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 9/22/2020. Redacted Transcript Deadline set for 10/2/2020. Release of Transcript Restriction set for 11/30/2020.(Herman, Lorraine) (Entered: 09/01/2020)
2020-09-2318NOTICE of Discovery and Processing of Additional Classified Documents Responsive to Plaintiff's FOIA Request by U.S. DEPARTMENT OF STATE (Zhou, Grace) (Entered: 09/23/2020)
2020-10-07Minute Entry; for proceedings held before Judge Thomas F. Hogan: Status Conference held on 10/7/2020. Parties are to submit a proposed schedule to govern further proceedings by October 15, 2020. (Court Reporter Lisa Evans) (hs) (Entered: 10/07/2020)
2020-10-1519Joint STATUS REPORT Updating Court on Status of Parties' Conferral and Requesting Additional Time to File Briefing Schedule by OFFICE OF MANAGEMENT AND BUDGET, U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF STATE. (Zhou, Grace) (Entered: 10/15/2020)
2020-10-16MINUTE ORDER. In light of the representations in the parties' 19 Joint Status Report, it is hereby ORDERED that the deadline for the parties to submit a joint proposed briefing schedule is extended until October 20, 2020. Signed by Judge Thomas F. Hogan on October 16, 2020. (CR) (Entered: 10/16/2020)
2020-10-16Set/Reset Deadlines: Joint Proposed Briefing Schedule due by 10/20/2020 (hs) (Entered: 10/16/2020)
2020-10-2020Joint STATUS REPORT by OFFICE OF MANAGEMENT AND BUDGET, U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF STATE. (Zhou, Grace) (Entered: 10/20/2020)
2020-10-20MINUTE ORDER adopting the parties joint proposed briefing schedule: Defendants' Motion for Summary Judgment, Vaughn Index, and supporting declarations are due on November 17, 2020; Plaintiff's Cross-Motion for Summary Judgment and Response is due on December 4, 2020; Defendants' response to Plaintiff's Cross-Motion and Reply is due on December 31, 2020; and Plaintiff's Reply is due on January 11, 2021. Signed by Judge Thomas F. Hogan on October 20, 2020. (CR) (Entered: 10/20/2020)
2020-10-22Set/Reset Deadlines: Cross Motions due by 12/4/2020. Response to Cross Motions due by 12/31/2020. Summary Judgment motions due by 11/17/2020. Response to Motion for Summary Judgment due by 12/4/2020. Reply to Motion for Summary Judgment due by 1/11/2021. Vaughn Index due by 11/17/2020, (hs) (Entered: 10/22/2020)
2020-10-2921Joint MOTION to Permit the Parties to Dispense with Filing Statements of Undisputed Material Facts by OFFICE OF MANAGEMENT AND BUDGET, U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF STATE (Attachments: # 1 Text of Proposed Order)(Zhou, Grace) (Entered: 10/29/2020)
2020-10-30MINUTE ORDER granting 21 Joint Motion to Waive Requirement to File Statement of Undisputed Material Facts. Accordingly, the parties are relieved of their obligation under Local Rule 7(h)(1) to file a Statement of Undisputed Material Facts, or response thereto, in support of their forthcoming motions for summary judgment. Signed by Judge Thomas F. Hogan on October 30, 2020. (CR) (Entered: 10/30/2020)
2020-11-1722MOTION for Summary Judgment by OFFICE OF MANAGEMENT AND BUDGET, U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF STATE (Attachments: # 1 Exhibit 1: Walsh Decl., # 2 Exhibit 2: Herrington Decl., # 3 Exhibit 3: Stein Decl., # 4 Exhibit 4: CREW Oct. 22, 2019 Request, # 5 Text of Proposed Order)(Zhou, Grace) (Entered: 11/17/2020)
2020-11-2423Unopposed MOTION to Modify Briefing Schedule by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON (Attachments: # 1 Text of Proposed Order)(Weismann, Anne) (Entered: 11/24/2020)
2020-11-2524ORDER granting 23 Plaintiff's Unopposed Motion to Modify Briefing Schedule. See Order for details. Signed by Judge Thomas F. Hogan on November 25, 2020. (CR) (Entered: 11/25/2020)
2020-11-30Set/Reset Deadlines: Cross Motions due by 12/15/2020. Response to Cross Motions due by 1/11/2021. Reply to Cross Motions due by 1/22/2021. Responses due by 12/15/2020 (hs) (Entered: 11/30/2020)
2020-12-0925STIPULATION of Dismissal Joint by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON. (Weismann, Anne) (Entered: 12/09/2020)
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