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Case TitleAMERICAN OVERSIGHT v. U.S. DEPARTMENT OF STATE
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2020cv01741
Date Filed2020-06-26
Date Closed2024-02-14
JudgeJudge Carl J. Nichols
PlaintiffAMERICAN OVERSIGHT
Case DescriptionAmerican Oversight submitted five FOIA requests to the Department of State for records concerning communications between senior officials pertaining to the termination of the agency's inspector general, including a number of keyword searches. American Oversight also requested expedited processing for four of the requests. 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, Expedited processing, Adequacy - Search, Litigation - Vaughn index, Litigation - Attorney's fees

DefendantU.S. DEPARTMENT OF STATE
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

2020-06-261COMPLAINT against U.S. DEPARTMENT OF STATE ( Filing fee $ 400 receipt number ADCDC-7272812) filed by AMERICAN OVERSIGHT. (Attachments: # 1 Civil Cover Sheet, # 2 Summons as to US Attorney's Office, # 3 Summons as to Attorney General, # 4 Summons as to US Department of State)(Rasheed, Mehreen) (Entered: 06/26/2020)
2020-06-262LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by AMERICAN OVERSIGHT (Rasheed, Mehreen) (Entered: 06/26/2020)
2020-06-26Case assigned to Judge Carl J. Nichols. (zmc) (Entered: 06/26/2020)
2020-06-263SUMMONS(3) Issued Electronically as to U.S. DEPARTMENT OF STATE, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(zmc) (Entered: 06/26/2020)
2020-06-294STANDING ORDER. Signed by Judge Carl J. Nichols on June 29, 2020. (lccjn1) (Entered: 06/29/2020)
2020-07-155RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF STATE served on 7/6/2020, RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 7/06/2020., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 7/6/2020. ( Answer due for ALL FEDERAL DEFENDANTS by 8/5/2020.) (Rasheed, Mehreen) (Entered: 07/15/2020)
2020-08-056ANSWER to Complaint by U.S. DEPARTMENT OF STATE. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G)(Brudy-Everett, Kristin) (Entered: 08/05/2020)
2020-08-06MINUTE ORDER. Before the Court in this Freedom of Information Act case are a Complaint and an Answer. The requirements of Local Civil Rule 16.3 and Federal Rule of Civil Procedure 26(f) appear to be inapplicable. It is hereby ORDERED that the Parties shall confer and file a Joint Status Report on or before August 27, 2020. The Joint Status Report shall address: (1) the status of Plaintiff's FOIA requests; (2) the anticipated number of documents responsive to Plaintiff's FOIA requests; (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 Plaintiff's requests and any discussions regarding whether Plaintiff's requests 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 August 6, 2020. (lccjn1) (Entered: 08/06/2020)
2020-08-06Set/Reset Deadlines: Joint Status Report due by 8/27/2020. (zcal) (Entered: 08/07/2020)
2020-08-277Joint STATUS REPORT by U.S. DEPARTMENT OF STATE. (Attachments: # 1 Text of Proposed Order)(Brudy-Everett, Kristin) (Entered: 08/27/2020)
2020-08-29MINUTE ORDER. Upon review of the Parties' 7 Joint Status Report, it is hereby ORDERED that the Parties shall file a Joint Status Report by October 26, 2020. Signed by Judge Carl J. Nichols on August 29, 2020. (lccjn2) (Entered: 08/29/2020)
2020-08-29Set/Reset Deadlines: Joint Status Report due by 10/26/2020. (zcal) (Entered: 08/31/2020)
2020-09-308NOTICE of Appearance by Daniel Alexander McGrath on behalf of AMERICAN OVERSIGHT (McGrath, Daniel) (Main Document 8 replaced on 9/30/2020) (zeg). (Entered: 09/30/2020)
2020-10-269Joint STATUS REPORT by U.S. DEPARTMENT OF STATE. (Attachments: # 1 Text of Proposed Order)(Brudy-Everett, Kristin) (Entered: 10/26/2020)
2020-10-28MINUTE ORDER. After review of the Parties' 9 Joint Status Report, it is hereby ORDERED that the Parties shall file an additional joint status report by November 25, 2020. Signed by Judge Carl J. Nichols on October 28, 2020. (lccjn1) (Entered: 10/28/2020)
2020-10-28Set/Reset Deadlines: Joint Status Report due by 11/25/2020. (zcal) (Entered: 10/28/2020)
2020-11-2510Joint STATUS REPORT by U.S. DEPARTMENT OF STATE. (Attachments: # 1 Text of Proposed Order)(Brudy-Everett, Kristin) (Entered: 11/25/2020)
2020-12-07MINUTE ORDER. After review of the Parties' 10 Joint Status Report, it is hereby ORDERED that the Parties shall file an additional joint status report by January 22, 2021. Signed by Judge Carl J. Nichols on December 7, 2020. (lccjn1) (Entered: 12/07/2020)
2020-12-07Set/Reset Deadlines: Joint Status Report due by 1/22/2021. (zkh) (Entered: 12/07/2020)
2021-01-2211Joint STATUS REPORT by AMERICAN OVERSIGHT. (Rasheed, Mehreen) (Entered: 01/22/2021)
2021-01-22MINUTE ORDER. After review of the Parties' 11 Joint Status Report, it is hereby ORDERED that the Parties shall file an additional joint status report by March 23, 2021. Signed by Judge Carl J. Nichols on January 22, 2021. (lccjn1) (Entered: 01/22/2021)
2021-01-22Set/Reset Deadlines: Joint Status Report due by 3/23/2021. (zcal) (Entered: 01/25/2021)
2021-03-2312Joint STATUS REPORT by U.S. DEPARTMENT OF STATE. (Attachments: # 1 Text of Proposed Order)(Brudy-Everett, Kristin) (Entered: 03/23/2021)
2021-05-2113Joint STATUS REPORT by AMERICAN OVERSIGHT. (Rasheed, Mehreen) (Entered: 05/21/2021)
2021-05-21MINUTE ORDER. After review of the Parties' 13 Joint Status Report, it is hereby ORDERED that the Parties shall file an additional joint status report by July 20, 2021. Signed by Judge Carl J. Nichols on May 21, 2021. (lccjn1) (Entered: 05/21/2021)
2021-05-21Set/Reset Deadlines: Joint Status Report due by 7/20/2021. (zkh) (Entered: 05/21/2021)
2021-06-2914NOTICE OF SUBSTITUTION OF COUNSEL by Sian Jones on behalf of All Defendants Substituting for attorney Kristin Brudy-Everett (Jones, Sian) (Entered: 06/29/2021)
2021-07-0615Consent MOTION for Leave to Appear Pro Hac Vice :Attorney Name- J. Zachery Morris, Filing fee $ 100, receipt number ADCDC-8578333. Fee Status: Fee Paid. by AMERICAN OVERSIGHT. (Attachments: # 1 Declaration of J. Zachery Morris, # 2 Text of Proposed Order)(Rasheed, Mehreen) (Entered: 07/06/2021)
2021-07-2016Joint STATUS REPORT by U.S. DEPARTMENT OF STATE. (Attachments: # 1 Text of Proposed Order)(Jones, Sian) (Entered: 07/20/2021)
2021-07-29MINUTE ORDER. The Court having considered Plaintiff's 15 Motion For Admission Pro Hac Vice of J. Zachery Morris, and it appearing to the Court that the attorney referenced therein meets the requirements for pro hac vice admission under Local Civil Rule 83.2(d), it is hereby ORDERED that the motion is GRANTED. It is further ORDERED that J. Zachery Morris is ADMITTED to practice before the Court pro hac vice . 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 Carl J. Nichols on July 29, 2021. (lccjn1) (Entered: 07/29/2021)
2021-08-1017NOTICE of Appearance by John Zachery Morris on behalf of AMERICAN OVERSIGHT (Morris, John) (Entered: 08/10/2021)
2021-08-20MINUTE ORDER. After review of the Parties' 16 Joint Status Report, it is hereby ORDERED that the Parties shall file an additional joint status report by September 22, 2021. Signed by Judge Carl J. Nichols on August 20, 2021. (lccjn1) (Entered: 08/20/2021)
2021-08-20Set/Reset Deadlines: Joint Status Report due by 9/22/2021. (zcal) (Entered: 08/20/2021)
2021-09-2218Joint STATUS REPORT by U.S. DEPARTMENT OF STATE. (Attachments: # 1 Text of Proposed Order)(Jones, Sian) (Entered: 09/22/2021)
2021-09-23MINUTE ORDER. Upon consideration of the Parties' 18 Joint Status Report, it is ORDERED the Parties file an additional status report by November 19, 2021, including a recommendation for further proceedings. Signed by Judge Carl J. Nichols on September 23, 2021. (lccjn1) (Entered: 09/23/2021)
2021-09-23Set/Reset Deadlines: Joint Status Report due by 11/19/2021. (zcal) (Entered: 09/24/2021)
2021-11-1919Joint STATUS REPORT by U.S. DEPARTMENT OF STATE. (Attachments: # 1 Text of Proposed Order)(Jones, Sian) (Entered: 11/19/2021)
2021-11-29MINUTE ORDER. Upon Consideration of the 19 Joint Status Report, it is ORDERED that the Parties submit an additional joint status report by January 19, 2022, including a recommendation for further proceedings. Signed by Judge Carl J. Nichols on November 29, 2021. (lccjn1) (Entered: 11/29/2021)
2021-11-29Set/Reset Deadlines: Joint Status Report due by 1/19/2022. (zcal) (Entered: 11/29/2021)
2022-01-1920Joint STATUS REPORT by U.S. DEPARTMENT OF STATE. (Attachments: # 1 Text of Proposed Order)(Jones, Sian) (Entered: 01/19/2022)
2022-01-19MINUTE ORDER. Upon review of the 20 Joint Status Report, it is ORDERED that the Parties shall file, by March 18, 2022, an additional joint status report, including a proposal for further proceedings. Signed by Judge Carl J. Nichols on January 19, 2022. (lccjn1) (Entered: 01/19/2022)
2022-03-1821Joint STATUS REPORT by U.S. DEPARTMENT OF STATE. (Attachments: # 1 Text of Proposed Order)(Jones, Sian) (Entered: 03/18/2022)
2022-03-23MINUTE ORDER. Upon review of the 21 Joint Status Report, it is ORDERED that the Parties shall file, by May 17, 2022, an additional joint status report, including a proposal for further proceedings. Signed by Judge Carl J. Nichols on March 23, 2022. (lccjn1) (Entered: 03/23/2022)
2022-05-1722Joint STATUS REPORT by U.S. DEPARTMENT OF STATE. (Attachments: # 1 Text of Proposed Order)(Jones, Sian) (Entered: 05/17/2022)
2022-05-19MINUTE ORDER. Upon review of the 22 Joint Status Report, it is ORDERED that the Parties shall file, by July 18, 2022, an additional joint status report, including a proposal for further proceedings. Signed by Judge Carl J. Nichols on May 19, 2022. (lccjn1) (Entered: 05/19/2022)
2022-07-1423NOTICE OF WITHDRAWAL OF APPEARANCE as to AMERICAN OVERSIGHT. Attorney John Zachery Morris terminated. (Morris, John) (Entered: 07/14/2022)
2022-07-1824Joint STATUS REPORT by U.S. DEPARTMENT OF STATE. (Attachments: # 1 Text of Proposed Order)(Jones, Sian) (Entered: 07/18/2022)
2022-07-21MINUTE ORDER. Upon review of the 24 Joint Status Report, it is ORDERED that the Parties shall file, by September 16, 2022, an additional joint status report, including a proposal for further proceedings. Signed by Judge Carl J. Nichols on July 19, 2022. (lccjn1) (Entered: 07/21/2022)
2022-07-2625Unopposed MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Rachel Baron, Filing fee $ 100, receipt number ADCDC-9396317. Fee Status: Fee Paid. by AMERICAN OVERSIGHT. (Attachments: # 1 Declaration of Rachel Baron, # 2 Text of Proposed Order)(Rasheed, Mehreen) (Entered: 07/26/2022)
2022-08-15MINUTE ORDER. The Court having considered Plaintiff's 25 Motion for Leave to Appear Pro Hac Vice of Rachel Baron, and it appearing to the Court that the attorney referenced therein meets the requirements for pro hac vice admission under Local Civil Rule 83.2(d), it is hereby ORDERED that the Motion is GRANTED. It is further ORDERED that Rachel Baron is ADMITTED to practice before the Court pro hac vice . 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 Carl J. Nichols on August 15, 2022. (lccjn1) (Entered: 08/15/2022)
2022-08-1826NOTICE of Appearance by Rachel Baron on behalf of AMERICAN OVERSIGHT (Baron, Rachel) (Main Document 26 replaced on 8/19/2022) (zed). (Entered: 08/18/2022)
2022-09-1627Joint STATUS REPORT by U.S. DEPARTMENT OF STATE. (Attachments: # 1 Text of Proposed Order)(Jones, Sian) (Entered: 09/16/2022)
2022-09-19MINUTE ORDER. Upon consideration of the 27 Joint Status Report, it is ORDERED that the Parties shall file an additional joint status report by November 15, 2022, and every 60 days thereafter until either party moves for a briefing schedule for dispositive motions, files a dispositive motion, or the case is terminated. Signed by Judge Carl J. Nichols on September 19, 2022. (lccjn1) (Entered: 09/19/2022)
2022-09-19Set/Reset Deadlines: Joint Status Report due by 11/15/2022. (zcal) (Entered: 09/22/2022)
2022-11-1528Joint STATUS REPORT by U.S. DEPARTMENT OF STATE. (Jones, Sian) (Entered: 11/15/2022)
2023-01-1729Joint STATUS REPORT by U.S. DEPARTMENT OF STATE. (Jones, Sian) (Entered: 01/17/2023)
2023-03-2030Joint STATUS REPORT by U.S. DEPARTMENT OF STATE. (Jones, Sian) (Entered: 03/20/2023)
2023-05-1931Joint STATUS REPORT by U.S. DEPARTMENT OF STATE. (Jones, Sian) (Entered: 05/19/2023)
2023-07-1832Joint STATUS REPORT by U.S. DEPARTMENT OF STATE. (Jones, Sian) (Entered: 07/18/2023)
2023-08-2933NOTICE of Appearance by Michael David Wagner on behalf of All Defendants (Wagner, Michael) (Entered: 08/29/2023)
2023-09-1834Joint STATUS REPORT by U.S. DEPARTMENT OF STATE. (Wagner, Michael) (Entered: 09/18/2023)
2023-11-1635NOTICE OF WITHDRAWAL OF APPEARANCE as to AMERICAN OVERSIGHT. Attorney Rachel Baron terminated. (Baron, Rachel) (Entered: 11/16/2023)
2023-11-1736Joint STATUS REPORT by U.S. DEPARTMENT OF STATE. (Attachments: # 1 Text of Proposed Order)(Wagner, Michael) (Entered: 11/17/2023)
2024-01-1637Joint STATUS REPORT by U.S. DEPARTMENT OF STATE. (Wagner, Michael) (Entered: 01/16/2024)
2024-02-0838NOTICE of Appearance by Katherine Marie Anthony on behalf of AMERICAN OVERSIGHT (Anthony, Katherine) (Entered: 02/08/2024)
2024-02-0939STIPULATION of Dismissal by AMERICAN OVERSIGHT. (Rasheed, Mehreen) (Entered: 02/09/2024)
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