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Case TitleWASHINGTON BLADE et al v. UNITED STATES DEPARTMENT OF LABOR
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2020cv02591
Date Filed2020-09-15
Date ClosedOpen
JudgeJudge Randolph D. Moss
PlaintiffWASHINGTON BLADE
PlaintiffCHRIS JOHNSON
Case DescriptionChris Johnson, a reporter for the Washington Blade, submitted a FOIA request to the Department of Labor's Office of Federal Contract Compliance Programs for records concerning emails from the director or deputy director containing the word "religion" or "religious" from January 2017 to August 2019. Johnson also requested expedited processing and inclusion in the news media fee category. The agency acknowledged receipt of the request and granted Johnson news media fee status. The agency told Johnson it would take some time to process his request. Johnson filed an administrative appeal of the agency's failure to respond on time. After hearing nothing further from the agency, Johnson filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Attorney's fees

DefendantUNITED STATES DEPARTMENT OF LABOR
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
Complaint attachment 7
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2020-09-151COMPLAINT against UNITED STATES DEPARTMENT OF LABOR ( Filing fee $ 400 receipt number ADCDC-7593311) filed by WASHINGTON BLADE, CHRIS JOHNSON. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Exhibit Exhibit C, # 4 Exhibit Exhibit D, # 5 Exhibit Exhibit E, # 6 Civil Cover Sheet, # 7 Summons)(Townsend, KatieLynn) (Entered: 09/15/2020)
2020-09-152LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by WASHINGTON BLADE (Townsend, KatieLynn) (Entered: 09/15/2020)
2020-09-15Case Assigned to Judge Randolph D. Moss. (adh, ) (Entered: 09/15/2020)
2020-09-153SUMMONS (3) Issued Electronically as to UNITED STATES DEPARTMENT OF LABOR, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(adh, ) (Entered: 09/15/2020)
2020-09-164STANDING ORDER: The parties are hereby ORDERED to comply with the directives set forth in the attached Standing Order. See document for details. Signed by Judge Randolph D. Moss on 09/16/2020. (lcrdm1) (Entered: 09/16/2020)
2020-09-235RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 9/21/2020. ( Answer due for ALL FEDERAL DEFENDANTS by 10/21/2020.), RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 9/21/20., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES DEPARTMENT OF LABOR served on 9/21/2020 (Townsend, KatieLynn) (Entered: 09/23/2020)
2020-10-216ANSWER to Complaint by UNITED STATES DEPARTMENT OF LABOR.(Brudy-Everett, Kristin) (Entered: 10/21/2020)
2020-10-22MINUTE ORDER: It is ORDERED that, on or before November 10, 2020, the parties shall confer and file a joint status report addressing (1) any documents still to be produced pursuant to FOIA; (2) an anticipated schedule for processing and producing any such documents; and (3) any substantive areas of disagreement between the parties. It is FURTHER ORDERED that the parties shall appear telephonically for an Initial Scheduling Conference on November 17, 2020, at 10:30 a.m., before Judge Randolph D. Moss. The parties can obtain a teleconference number and access code from the deputy clerk prior to the conference. Signed by Judge Randolph D. Moss on 10/22/2020. (lcrdm1) (Entered: 10/22/2020)
2020-10-237NOTICE of Appearance by Adam Alexander Marshall on behalf of CHRIS JOHNSON, WASHINGTON BLADE (Marshall, Adam) (Entered: 10/23/2020)
2020-10-238NOTICE of Appearance by Gunita Singh on behalf of CHRIS JOHNSON, WASHINGTON BLADE (Singh, Gunita) (Entered: 10/23/2020)
2020-11-109Joint STATUS REPORT by UNITED STATES DEPARTMENT OF LABOR. (Attachments: # 1 Text of Proposed Order)(Brudy-Everett, Kristin) (Entered: 11/10/2020)
2020-11-11MINUTE ORDER: Upon consideration of Parties' status report, Dkt. 9 , it is hereby ORDERED that the Initial Scheduling Conference set to take place on November 17, 2020 at 10:30 a.m. is VACATED. It is further ORDERED that Parties shall file a further joint status report on or before January 11, 2021. Signed by Judge Randolph D. Moss on 11/11/2020. (lcrdm1) (Entered: 11/11/2020)
2020-12-1110STATUS REPORT by UNITED STATES DEPARTMENT OF LABOR. (Brudy-Everett, Kristin) (Entered: 12/11/2020)
2021-01-1111Joint STATUS REPORT by UNITED STATES DEPARTMENT OF LABOR. (Attachments: # 1 Text of Proposed Order)(Brudy-Everett, Kristin) (Entered: 01/11/2021)
2021-01-11MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 11 , it is hereby ORDERED that the parties shall file a further joint status report on or before March 12, 2021. Signed by Judge Randolph D. Moss on 01/11/2021. (lcrdm1) (Entered: 01/11/2021)
2021-03-1212Joint STATUS REPORT by CHRIS JOHNSON, WASHINGTON BLADE. (Attachments: # 1 Text of Proposed Order)(Townsend, KatieLynn) (Entered: 03/12/2021)
2021-03-14MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 12 , it is hereby ORDERED that the parties shall file a further joint status report on or before May 11, 2021. Signed by Judge Randolph D. Moss on 03/14/2021. (lcrdm1) (Entered: 03/14/2021)
2021-05-1113Joint STATUS REPORT by UNITED STATES DEPARTMENT OF LABOR. (Attachments: # 1 Text of Proposed Order)(Brudy-Everett, Kristin) (Entered: 05/11/2021)
2021-05-12MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 13 , it is hereby ORDERED that the parties shall file a further joint status report on or before July 12, 2021. Signed by Judge Randolph D. Moss on 05/12/2021. (lcrdm1) (Entered: 05/12/2021)
2021-06-2914NOTICE OF SUBSTITUTION OF COUNSEL by Katherine Boyd Palmer-Ball on behalf of UNITED STATES DEPARTMENT OF LABOR Substituting for attorney Kristin D. Brudy-Everett (Palmer-Ball, Katherine) (Entered: 06/29/2021)
2021-07-1215Joint STATUS REPORT by CHRIS JOHNSON, WASHINGTON BLADE. (Attachments: # 1 Text of Proposed Order)(Townsend, KatieLynn) (Entered: 07/12/2021)
2021-07-13MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 15 , it is hereby ORDERED that the parties shall file a further joint status report on or before October 11, 2021. Signed by Judge Randolph D. Moss on 07/13/2021. (lcrdm1) (Entered: 07/13/2021)
2021-07-3116NOTICE OF SUBSTITUTION OF COUNSEL by Blake Weiner on behalf of UNITED STATES DEPARTMENT OF LABOR Substituting for attorney Palmer-Ball (Weiner, Blake) (Entered: 07/31/2021)
2021-10-1217Joint STATUS REPORT by CHRIS JOHNSON, WASHINGTON BLADE. (Attachments: # 1 Text of Proposed Order)(Townsend, KatieLynn) (Entered: 10/12/2021)
2021-10-12MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 17 , it is hereby ORDERED that the parties shall file a further joint status report on or before January 10, 2022. Signed by Judge Randolph D. Moss on 10/12/2021. (lcrdm1) (Entered: 10/12/2021)
2022-01-1018Joint STATUS REPORT by CHRIS JOHNSON, WASHINGTON BLADE. (Attachments: # 1 Text of Proposed Order)(Townsend, KatieLynn) (Entered: 01/10/2022)
2022-01-11MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 18 , it is hereby ORDERED that the parties shall file a further joint status report on or before March 11, 2022. Signed by Judge Randolph D. Moss on 1/11/2022. (lcrdm1) (Entered: 01/11/2022)
2022-03-1119Joint STATUS REPORT by CHRIS JOHNSON, WASHINGTON BLADE. (Attachments: # 1 Text of Proposed Order)(Townsend, KatieLynn) (Entered: 03/11/2022)
2022-03-11MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 19 , it is hereby ORDERED that the parties shall file a further joint status report on or before May 2, 2022. Signed by Judge Randolph D. Moss on 3/11/2022. (lcrdm1) (Entered: 03/11/2022)
2022-04-2920NOTICE OF SUBSTITUTION OF COUNSEL by Kenneth A. Adebonojo on behalf of UNITED STATES DEPARTMENT OF LABOR Substituting for attorney Blake A. Weiner (Adebonojo, Kenneth) (Entered: 04/29/2022)
2022-05-0221Joint STATUS REPORT by CHRIS JOHNSON, WASHINGTON BLADE. (Attachments: # 1 Text of Proposed Order)(Townsend, KatieLynn) (Entered: 05/02/2022)
2022-05-03MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 21 , it is hereby ORDERED that the parties shall file a further joint status report on or before June 2, 2022. Signed by Judge Randolph D. Moss on 5/3/2022. (lcrdm1) (Entered: 05/03/2022)
2022-06-0222Joint STATUS REPORT by CHRIS JOHNSON, WASHINGTON BLADE. (Attachments: # 1 Text of Proposed Order)(Townsend, KatieLynn) (Entered: 06/02/2022)
2022-06-03MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 22 , it is hereby ORDERED that the parties shall appear by video for a pre-motion conference at 10:00 a.m. on September 1, 2022. It is further ORDERED that Defendant shall submit its pre-motion statement on or before July 18, 2022, and that Plaintiffs shall submit their pre-motion statement on or before August 1, 2022. Signed by Judge Randolph D. Moss on 6/3/2022. (lcrdm1) (Entered: 06/03/2022)
2022-06-09MINUTE ORDER: Due to a conflict in the Court's schedule, it is hereby ORDERED that the pre-motion conference set for September 1, 2022 in this matter is VACATED and RESCHEDULED for 2:00 p.m. on September 7, 2022, to occur by video. Signed by Judge Randolph D. Moss on 6/9/2022. (lcrdm1) Modified on 6/9/2022 to add original date that was vacated (kt). (Entered: 06/09/2022)
2022-06-09Reset Hearings: Pre-motion Conference reset for 9/7/2022, at 2:00 PM, by video, before Judge Randolph D. Moss. (kt) (Entered: 06/09/2022)
2022-07-1823NOTICE of Filing of Defendant's Pre-Motion Statement by UNITED STATES DEPARTMENT OF LABOR (Adebonojo, Kenneth) (Entered: 07/18/2022)
2022-08-0124RESPONSE Plaintiffs' Response to Defendant's Pre-Motion Statement by CHRIS JOHNSON, WASHINGTON BLADE re 23 Notice (Other) (Townsend, KatieLynn) Modified event title on 8/3/2022 (znmw). (Entered: 08/01/2022)
2022-08-31MINUTE ORDER: Due to a conflict in the Court's schedule, the pre-motion conference currently scheduled for September 7, 2022, at 2:00 p.m., is hereby VACATED and RESCHEDULED for September 23, 2022, at 12:00 p.m., via Zoom. Signed by Judge Randolph D. Moss on 08/31/2022. (lcrdm1) (Entered: 08/31/2022)
2022-09-0825Consent MOTION to Continue Pre-Motion Conference by UNITED STATES DEPARTMENT OF LABOR. (Adebonojo, Kenneth) (Entered: 09/08/2022)
2022-09-09MINUTE ORDER: Upon consideration of Defendant's motion to continue pre-motion conference, Dkt. 25 , it is hereby ORDERED that the motion is GRANTED. The pre-motion conference currently scheduled for September 23, 2022, is VACATED and RESCHEDULED for September 28, 2022, at 11:30 a.m., via Zoom. Signed by Judge Randolph D. Moss on 09/09/2022. (lcrdm1) (Entered: 09/09/2022)
2022-09-09Set/Reset Hearings: Pre-motion Conference RESCHEDULED for 9/28/2022, at 11:30 AM, by video, before Judge Randolph D. Moss. (kt) (Entered: 09/09/2022)
2022-09-28Minute Entry for proceedings held before Judge Randolph D. Moss: Video (Zoom) Pre-motion Conference held on 9/28/2022. Defendant's Motion for Summary Judgment and Vaughn Index, with accompanying affidavit, are due by 12/16/2022; Plaintiffs' Response to Motion for Summary Judgment and Cross Motion are due by 1/20/2023; Defendant's Reply to Motion for Summary Judgment and Response to Cross Motion are due by 2/3/2023; Plaintiffs' Reply to Cross Motion due by 2/22/2023. (Court Reporter: Jeff Hook.) (kt) (Entered: 09/28/2022)
2022-12-0626NOTICE of Appearance by Shawn Musgrave on behalf of All Plaintiffs (Musgrave, Shawn) (Entered: 12/06/2022)
2022-12-1427Consent MOTION for Extension of Time to File Defendant's Motion for Summary Judgment by UNITED STATES DEPARTMENT OF LABOR. (Adebonojo, Kenneth) (Entered: 12/14/2022)
2022-12-16MINUTE ORDER: Upon consideration of Defendant's consent motion for extension of time, Dkt. 27 , it is hereby ORDERED that the motion is GRANTED. It is further ORDERED that the following schedule shall govern briefing in this case: (1) Defendant shall file its motion for summary judgment on or before January 17, 2023; (2) Plaintiff shall file its opposition and cross-motion on or before February 21, 2023; (3) Defendant shall file its reply and cross-opposition on or before March 7, 2023; and (4) Plaintiff shall file its cross-reply on or before March 27, 2023. Signed by Judge Randolph D. Moss on 12/16/2022. (lcrdm1) (Entered: 12/16/2022)
2023-01-1728Consent MOTION for Extension of Time to File Defendant's Motion for Summary Judgment by UNITED STATES DEPARTMENT OF LABOR. (Adebonojo, Kenneth) (Entered: 01/17/2023)
2023-01-17MINUTE ORDER: Upon consideration of Defendant's consent motion for extension of time to file its motion for summary judgment, Dkt. 28 , it is hereby ORDERED that the motion is GRANTED. The following schedule shall govern briefing in this matter going forward: (1) Defendant shall file its motion for summary judgment on or before January 20, 2023; (2) Plaintiff shall file its opposition and cross-motion for summary judgment on or before February 24, 2023; (3) Defendant shall file its reply and cross-opposition on or before March 10, 2023; and (4) Plaintiff shall file its reply on or before March 30, 2023. Signed by Judge Randolph D. Moss on 1/17/2023. (lcrdm1) (Entered: 01/17/2023)
2023-01-2029Consent MOTION for Extension of Time to File Defendant's Motion for Summary Judgment by UNITED STATES DEPARTMENT OF LABOR. (Adebonojo, Kenneth) (Entered: 01/20/2023)
2023-01-21MINUTE ORDER: Upon consideration of Defendant's consent motion for extension of time, Dkt. 29 , it is hereby ORDERED that the motion is GRANTED. It is further ORDERED that: (1) Defendant shall file its motion for summary judgment on or before January 23, 2023; (2) Plaintiff shall file its opposition and cross-motion for summary judgment on or before February 27, 2023; (3) Defendant shall file its reply and cross-opposition on or before March 13, 2023; and (4) Plaintiff shall file its cross-reply on or before April 3, 2023. Signed by Judge Randolph D. Moss on 1/21/2023. (lcrdm1) (Entered: 01/21/2023)
2023-01-2330MOTION for Summary Judgment by UNITED STATES DEPARTMENT OF LABOR. (Attachments: # 1 Statement of Facts, # 2 Memorandum in Support, # 3 Declaration, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit)(Adebonojo, Kenneth) (Entered: 01/23/2023)
2023-02-2731Cross MOTION for Partial Summary Judgment by CHRIS JOHNSON, WASHINGTON BLADE. (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Declaration of Katie Townsend, # 4 Exhibit A-D of Townsend Declaration, # 5 Exhibit E-Z of Townsend Declaration, # 6 Exhibit AA-KK of Townsend Declaration, # 7 Declaration of Chris Johnson, # 8 Text of Proposed Order, # 9 Appendix A)(Townsend, KatieLynn) (Entered: 02/27/2023)
2023-02-2732Memorandum in opposition to re 30 Motion for Summary Judgment filed by CHRIS JOHNSON, WASHINGTON BLADE. (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Declaration of Katie Townsend, # 4 Exhibit A-D of Townsend Declaration, # 5 Exhibit E-Z of Townsend Declaration, # 6 Exhibit AA-KK of Townsend Declaration, # 7 Declaration of Chris Johnson, # 8 Text of Proposed Order, # 9 Appendix A)(Townsend, KatieLynn) (Entered: 02/27/2023)
2023-02-2733NOTICE of Errata re 31 and 32 by CHRIS JOHNSON, WASHINGTON BLADE (Attachments: # 1 Declaration of Chris Johnson)(Marshall, Adam) Modified to add links on 3/2/2023 (znmw). (Entered: 02/27/2023)
2023-03-1034Consent MOTION for Extension of Time to File Defendant's Opposition and Reply by UNITED STATES DEPARTMENT OF LABOR. (Adebonojo, Kenneth) (Entered: 03/10/2023)
2023-03-11MINUTE ORDER: Upon consideration of Defendant's consent motion for extension of time to file Defendant's opposition and reply, Dkt. 34 , it is hereby ORDERED that the motion is GRANTED. Defendant shall file Defendant's reply and cross-opposition on or before March 31, 2023, and Plaintiff shall file Plaintiff's cross-reply on or before April 21, 2023. Signed by Judge Randolph D. Moss on 3/11/2023. (lcrdm1) (Entered: 03/11/2023)
2023-03-3035Consent MOTION for Extension of Time to File Defendant's Opposition to Plaintiff's Cross-Motion/Opposition and Defendant's Reply by UNITED STATES DEPARTMENT OF LABOR. (Adebonojo, Kenneth) (Entered: 03/30/2023)
2023-04-03MINUTE ORDER: Upon consideration of Defendant's consent motion for extension of time, Dkt. 35 , it is hereby ORDERED that the motion is GRANTED. Defendant shall file its reply and cross-opposition on or before April 7, 2023, and Plaintiff shall file its cross-reply on or before April 28, 2023. Signed by Judge Randolph D. Moss on 4/3/2023. (lcrdm1) (Entered: 04/03/2023)
2023-04-0836REPLY to opposition to motion re 30 MOTION for Summary Judgment Opposition To Cross Motion filed by UNITED STATES DEPARTMENT OF LABOR. (Attachments: # 1 Statement of Facts Defendant's Response To Plaintiff's Statement Of Facts, # 2 Declaration Supplemental Declaration, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Supplement, # 7 Supplement, # 8 Supplement)(Adebonojo, Kenneth) Modified on 4/10/2023 to add docket link (zjm). (Entered: 04/08/2023)
2023-04-0837Memorandum in opposition to re 31 Motion for Partial Summary Judgment, filed by UNITED STATES DEPARTMENT OF LABOR. (See Docket Entry 36 to view document) (zjm) (Entered: 04/10/2023)
2023-04-10NOTICE OF ERROR re 36 Reply to opposition to Motion; emailed to kenneth.adebonojo@usdoj.gov, cc'd 6 associated attorneys -- The PDF file you docketed contained errors: 1. Notice of Corrected Docket Entry: Your entry has been modified as a courtesy. Please note the appropriate reminders for future filings; do not refile document, 2. Please note the following for future filings; do not refile document , 3. Counsel is reminded for two-part documents; second docket entry is required. (zjm, ) (Entered: 04/10/2023)
2023-04-1738NOTICE of Filing to Correct Errors by UNITED STATES DEPARTMENT OF LABOR (Attachments: # 1 Exhibit, # 2 Exhibit)(Adebonojo, Kenneth) (Entered: 04/17/2023)
2023-04-2839REPLY to opposition to motion re 31 Cross MOTION for Partial Summary Judgment filed by CHRIS JOHNSON, WASHINGTON BLADE. (Attachments: # 1 Declaration of Katie Townsend, # 2 Appendix A (Updated))(Townsend, KatieLynn) (Entered: 04/28/2023)
2024-01-1040NOTICE OF WITHDRAWAL OF APPEARANCE as to CHRIS JOHNSON, WASHINGTON BLADE. Attorney Shawn Musgrave terminated. (Musgrave, Shawn) (Entered: 01/10/2024)
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