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Case TitleAMERICAN BROADCASTING COMPANIES, INC. et al v. UNITED STATES DEPARTMENT OF THE TREASURY
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2020cv01568
Date Filed2020-06-15
Date ClosedOpen
JudgeJudge Carl J. Nichols
PlaintiffAMERICAN BROADCASTING COMPANIES, INC.
PlaintiffBENJAMIN GITTLESON
Case DescriptionABC producer/reporter Benjamin Gittleson submitted a FOIA request to the Department of Treasury for records concerning the decision to add President Donald Trump's signature to checks distributed under the Economic Impact Payment program. Gittleson also requested expedited processing and a fee waiver. The agency acknowledged receipt of the request and denied Gittleson's request for expedited processing. The agency also asked Gittleson to narrow the scope of the request. After hearing nothing further from the agency, Gittleson filed suit.
Complaint issues: Fee Category - Media or Educational, Adequacy - Search, Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantUNITED STATES DEPARTMENT OF THE TREASURY
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

2020-06-151COMPLAINT against UNITED STATES DEPARTMENT OF THE TREASURY ( Filing fee $ 400 receipt number ADCDC-7231125) filed by AMERICAN BROADCASTING COMPANIES, INC., BENJAMIN GITTLESON. (Attachments: # 1 Exhibit 1, # 2 Summons, # 3 Civil Cover Sheet, # 4 LCvR 26.1 Certificate)(Townsend, KatieLynn) (Entered: 06/15/2020)
2020-06-152LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by AMERICAN BROADCASTING COMPANIES, INC., BENJAMIN GITTLESON (zmc) (Entered: 06/15/2020)
2020-06-16Case assigned to Judge Carl J. Nichols. (zmc) (Entered: 06/16/2020)
2020-06-163SUMMONS (3) Issued Electronically as to UNITED STATES DEPARTMENT OF THE TREASURY, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(zmc) (Entered: 06/16/2020)
2020-07-094RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 6/19/2020. ( Answer due for ALL FEDERAL DEFENDANTS by 7/19/2020.), RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 6/19/20. (Attachments: # 1 Affidavits of mailing)(Townsend, KatieLynn) (Entered: 07/09/2020)
2020-07-205NOTICE of Appearance by Amber Richer on behalf of UNITED STATES DEPARTMENT OF THE TREASURY (Richer, Amber) (Entered: 07/20/2020)
2020-07-206ANSWER to Complaint by UNITED STATES DEPARTMENT OF THE TREASURY.(Richer, Amber) (Entered: 07/20/2020)
2020-07-217NOTICE of Appearance by Adam Alexander Marshall on behalf of AMERICAN BROADCASTING COMPANIES, INC., BENJAMIN GITTLESON (Marshall, Adam) (Entered: 07/21/2020)
2020-07-27MINUTE ORDER. Before the Court in this Freedom of Information Act case are a Complaint and an Answer. According to Local Civil Rule 16.3, the requirements of Federal Rule of Civil Procedure 26(f) are inapplicable. It is hereby ORDERED that the Parties shall confer and file a Joint Status Report on or before August 14, 2020. The Joint Status Report shall address: (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 the documents requested by Plaintiff; (4) whether a motion for stay is likely under Open America v. Watergate Special Prosecution Force , 547 F.2d 605 (D.C. Cir. 1976); (5) the possibility of prioritizing documents responsive to Plaintiffs' request and any discussions regarding whether Plaintiffs' request can be narrowed; and (6) whether the Parties anticipate summary judgment briefing and, if so, a proposed briefing schedule. Signed by Judge Carl J. Nichols on July 27, 2020. (lccjn3) (Entered: 07/27/2020)
2020-07-27Set/Reset Deadlines: Joint Status Report due by 8/14/2020. (zcal) (Entered: 07/28/2020)
2020-08-148Joint STATUS REPORT by AMERICAN BROADCASTING COMPANIES, INC., BENJAMIN GITTLESON. (Attachments: # 1 Defendant's Proposed Order, # 2 Plaintiffs' Proposed Order)(Townsend, KatieLynn) (Entered: 08/14/2020)
2020-09-30MINUTE ORDER. Upon review of the Parities' 8 Joint Status Report, the Parties are hereby ORDERED to file an additional Joint Status Report by October 9, 2020 . Signed by Judge Carl J. Nichols on September 30, 2020. (lccjn3) (Entered: 09/30/2020)
2020-09-30Set/Reset Deadlines: Joint Status Report due by 10/9/2020. (zcal) (Entered: 09/30/2020)
2020-09-309STANDING ORDER. Signed by Judge Carl J. Nichols on September 30, 2020. (lccjn3) (Entered: 09/30/2020)
2020-10-0910Joint STATUS REPORT by AMERICAN BROADCASTING COMPANIES, INC., BENJAMIN GITTLESON. (Townsend, KatieLynn) (Entered: 10/09/2020)
2020-10-14MINUTE ORDER. Upon review of the Parties' 10 Joint Status Report, it is hereby ORDERED that the Parties shall file an additional Joint Status Report by November 6, 2020 . Signed by Judge Carl J. Nichols on October 14, 2020. (lccjn3) (Entered: 10/14/2020)
2020-10-14Set/Reset Deadlines: Joint Status Report due by 11/6/2020. (zcal) (Entered: 10/14/2020)
2020-11-0611Joint STATUS REPORT by UNITED STATES DEPARTMENT OF THE TREASURY. (Richer, Amber) (Entered: 11/06/2020)
2020-11-18MINUTE ORDER. Upon review of the Parties' 11 Joint Status Report, it is hereby ORDERED that the Parties shall file an additional Joint Status Report by December 7, 2020. Signed by Judge Carl J. Nichols on November 18, 2020. (lccjn3) (Entered: 11/18/2020)
2020-11-18Set/Reset Deadlines: Joint Status Report due by 12/7/2020. (zcal) (Entered: 11/18/2020)
2020-12-0712Joint STATUS REPORT by UNITED STATES DEPARTMENT OF THE TREASURY. (Richer, Amber) (Entered: 12/07/2020)
2020-12-08MINUTE ORDER. Upon review of the Parties' 12 Joint Status Report, it is hereby ORDERED that they shall submit another Joint Status Report by January 22, 2021 . Signed by Judge Carl J. Nichols on December 8, 2020. (lccjn3) (Entered: 12/08/2020)
2020-12-08Set/Reset Deadlines: Joint Status Report due by 1/22/2021. (zcal) (Entered: 12/08/2020)
2021-01-2213Joint STATUS REPORT by UNITED STATES DEPARTMENT OF THE TREASURY. (Richer, Amber) (Entered: 01/22/2021)
2021-01-26MINUTE ORDER. Upon review of the Parties' 13 Joint Status Report, it is hereby ORDERED that the Parties shall file another Joint Status Report by February 5, 2021 . Signed by Judge Carl J. Nichols on January 26, 2021. (lccjn3) (Entered: 01/26/2021)
2021-01-26Set/Reset Deadlines: Joint Status Report due by 2/5/2021. (zcal) (Entered: 01/27/2021)
2021-02-0514Joint STATUS REPORT by UNITED STATES DEPARTMENT OF THE TREASURY. (Attachments: # 1 Text of Proposed Order)(Richer, Amber) (Entered: 02/05/2021)
2021-02-10MINUTE ORDER. Upon review of the Parties' 14 Joint Status Report, it is hereby ORDERED that the Parties shall submit another Joint Status Report by April 2, 2021 . Signed by Judge Carl J. Nichols on February 10, 2021. (lccjn3) (Entered: 02/10/2021)
2021-02-10Set/Reset Deadlines: Joint Status Report due by 4/2/2021. (zcal) (Entered: 02/10/2021)
2021-04-0215Joint STATUS REPORT by UNITED STATES DEPARTMENT OF THE TREASURY. (Richer, Amber) (Entered: 04/02/2021)
2021-04-12MINUTE ORDER. Upon review of the Parties' 15 Joint Status Report, it is hereby ORDERED that the Parties shall submit another Joint Status Report by April 16, 2021. Signed by Judge Carl J. Nichols on April 12, 2021. (lccjn3) (Entered: 04/12/2021)
2021-04-12Set/Reset Deadlines: Joint Status Report due by 4/16/2021. (zcal) (Entered: 04/12/2021)
2021-04-1616Joint STATUS REPORT by UNITED STATES DEPARTMENT OF THE TREASURY. (Richer, Amber) (Entered: 04/16/2021)
2021-04-19MINUTE ORDER. Upon review of the Parties' 16 Joint Status Report, it is hereby ORDERED that the Parties file another Joint Status Report by April 30, 2021 . Signed by Judge Carl J. Nichols on April 19, 2021. (lccjn3) (Entered: 04/19/2021)
2021-04-19Set/Reset Deadlines: Joint Status Report due by 4/30/2021. (zcal) (Entered: 04/19/2021)
2021-04-3017Joint STATUS REPORT by UNITED STATES DEPARTMENT OF THE TREASURY. (Richer, Amber) (Entered: 04/30/2021)
2021-05-10MINUTE ORDER. Upon review of the Parties' 17 Joint Status Report, it is hereby ORDERED that the Parties file another Joint Status Report by May 17, 2021 . Signed by Judge Carl J. Nichols on May 10, 2021. (lccjn3) (Entered: 05/10/2021)
2021-05-10Modified on 5/10/2021 (lccjn3). (Entered: 05/10/2021)
2021-05-10Set/Reset Deadlines: Joint Status Report due by 5/17/2021. (zcal) (Entered: 05/12/2021)
2021-05-1718Joint STATUS REPORT by AMERICAN BROADCASTING COMPANIES, INC., BENJAMIN GITTLESON. (Marshall, Adam) (Entered: 05/17/2021)
2021-05-25MINUTE ORDER. Upon review of the Parties' 18 Joint Status Report, the Court hereby enters the following briefing schedule: Defendant shall file its Motion for Summary Judgment by July 16, 2021; Plaintiffs shall file their Opposition and Cross-Motion for Summary Judgment by August 17, 2021; Defendant shall file its Opposition and Reply by September 17, 2021; and Plaintiffs shall Reply by October 6, 2021. Signed by Judge Carl J. Nichols on May 25, 2021. (lccjn3) (Entered: 05/25/2021)
2021-05-25Set/Reset Deadlines: Summary Judgment Motion due by 7/16/2021. Response to Motion for Summary Judgment and Cross Motion due by 8/17/2021. Reply to Motion for Summary Judgment and Response to Cross Motion due by 9/17/2021. Reply to Cross Motion due by 10/6/2021. (zkh) (Entered: 05/25/2021)
2021-07-1619MOTION for Summary Judgment by UNITED STATES DEPARTMENT OF THE TREASURY. (Attachments: # 1 Memorandum in Support, # 2 Exhibit Index of Exhibits, # 3 Statement of Facts, # 4 Declaration Declaration of Michelle A. Dickerman, # 5 Exhibit Exhibits to Declaration of Michelle A. Dickerman, # 6 Text of Proposed Order, # 7 Certificate of Service)(Richer, Amber) (Entered: 07/16/2021)
2021-08-1720Cross MOTION for Partial Summary Judgment by AMERICAN BROADCASTING COMPANIES, INC., BENJAMIN GITTLESON. (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Declaration of Adam A. Marshall, # 4 Text of Proposed Order)(Townsend, KatieLynn) (Attachment 3 replaced on 8/18/2021) (ztnr). (Entered: 08/17/2021)
2021-08-1721Memorandum in opposition to re 19 MOTION for Summary Judgment filed by AMERICAN BROADCASTING COMPANIES, INC., BENJAMIN GITTLESON. (Townsend, KatieLynn) (Entered: 08/17/2021)
2021-09-1322Consent MOTION for Extension of Time to File Response/Reply as to 20 Cross MOTION for Partial Summary Judgment , 19 MOTION for Summary Judgment by UNITED STATES DEPARTMENT OF THE TREASURY. (Attachments: # 1 Text of Proposed Order)(Richer, Amber) (Entered: 09/13/2021)
2021-09-16MINUTE ORDER. Upon review of Defendant U.S. Department of Treasury's 22 Consent Motion to Extend Time, it is hereby ORDERED that the Motion is GRANTED. Defendant shall file its Opposition to Cross Motion and Reply to Summary Judgment by September 24, 2021. Plaintiff shall file their Reply to Cross Motion by October 13, 2021. Signed by Judge Carl J. Nichols on September 16, 2021. (lccjn3) Modified on 9/20/2021 to correct deadlines. (zcal). (Entered: 09/16/2021)
2021-09-16ENTERED IN ERROR.....Set/Reset Deadlines: Response due by 9/24/2021. Reply due by 9/24/2021. (zcal) Modified on 9/20/2021 (zcal). (Entered: 09/17/2021)
2021-09-16Set/Reset Deadlines: Response to Cross Motions due by 9/24/2021. Reply to Motion for Summary Judgment due by 9/24/2021. Reply to Cross Motions due by 10/13/2021. (zcal) (Entered: 09/20/2021)
2021-09-20NOTICE OF CORRECTED DOCKET ENTRY: Minute Order filed 9/16/2021 was corrected to reflect the correct deadlines. (zcal) (Entered: 09/20/2021)
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