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Case TitleAMERICA FIRST LEGAL FOUNDATION v. U.S. DEPARTMENT OF STATE
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2021cv02253
Date Filed2021-08-25
Date ClosedOpen
JudgeJudge Jia M. Cobb
PlaintiffAMERICA FIRST LEGAL FOUNDATION
Case DescriptionAmerica First Legal Foundation submitted a FOIA request to the Department of State for records concerning the agency's decision to terminate its investigation into the origins of COVID-19. AFLF also requested a fee waiver. The agency acknowledged receipt of the request and told AFLF that it would not be able to respond within 20 days. After hearing nothing further from the agency, AFLF filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Attorney's fees

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
Complaint attachment 7
Complaint attachment 8
Complaint attachment 9
Complaint attachment 10
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2021-08-251COMPLAINT against U.S. DEPARTMENT OF STATE ( Filing fee $ 402 receipt number ADCDC-8689043) filed by AMERICA FIRST LEGAL FOUNDATION. (Attachments: # 1 Exhibit A:FOIA Request 5-28-21, # 2 Exhibit B: FOIA Acknowledgment 5-28-21, # 3 Exhibit C: Status Update 7-21-21, # 4 Exhibit D: Status Request Update 8-2-21, # 5 Exhibit E: Status Request Update 8-3-21, # 6 Exhibit F: Status Request Update 8-4-21, # 7 Civil Cover Sheet, # 8 Summons, # 9 Summons, # 10 Summons)(Field, Brian) (Entered: 08/25/2021)
2021-08-252LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by AMERICA FIRST LEGAL FOUNDATION (Field, Brian) (Entered: 08/25/2021)
2021-08-26Case Assigned to Judge Colleen Kollar-Kotelly. (znmg) (Entered: 08/26/2021)
2021-08-263SUMMONS (3) Issued Electronically as to U.S. DEPARTMENT OF STATE, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(znmg) (Entered: 08/26/2021)
2021-08-304ORDER ESTABLISHING PROCEDURES FOR CASES ASSIGNED TO JUDGE COLLEEN KOLLAR-KOTELLY. Signed by Judge Colleen Kollar-Kotelly on 08/30/2021. (DM) (Entered: 08/30/2021)
2021-09-085RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 8/30/2021. Answer due for ALL FEDERAL DEFENDANTS by 9/29/2021. (Attachments: # 1 Declaration of K. Robinson)(Field, Brian) (Entered: 09/08/2021)
2021-09-086RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF STATE served on 9/7/2021 (Attachments: # 1 Declaration of K. Robinson)(Field, Brian) (Entered: 09/08/2021)
2021-09-087RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 08/30/2021. (Attachments: # 1 Declaration of K. Robinson)(Field, Brian) (Entered: 09/08/2021)
2021-09-298NOTICE of Appearance by Derek S. Hammond on behalf of All Defendants (Hammond, Derek) (Entered: 09/29/2021)
2021-09-299ANSWER to Complaint by U.S. DEPARTMENT OF STATE.(Hammond, Derek) (Entered: 09/29/2021)
2021-10-0110ORDER requiring the parties to Meet and Confer and file a Joint Status Report by NOVEMBER 1, 2021. Signed by Judge Colleen Kollar-Kotelly on 10/1/21. (lcckk3) (Entered: 10/01/2021)
2021-10-01Set/Reset Deadlines: Joint Meet & Confer Statement due by 11/1/2021. (dot) (Entered: 10/04/2021)
2021-11-0111Joint STATUS REPORT by AMERICA FIRST LEGAL FOUNDATION. (Field, Brian) (Entered: 11/01/2021)
2021-11-01MINUTE ORDER. The Court is in receipt of the parties' 11 Joint Status Report. Defendant indicates that it has conducted a "preliminary search" for records responsive to Plaintiff's FOIA request, but that its search is ongoing and it is not yet in a position to report the number of potentially responsive records. As proposed by the parties, the Court ORDERS the parties to file a further status report by DECEMBER 1, 2021, updating the Court on the status of Defendant's response to Plaintiff's FOIA request, including the number of potentially responsive records and a proposed production schedule. Signed by Judge Colleen Kollar-Kotelly on 11/1/21. (lcckk3) (Entered: 11/01/2021)
2021-11-01Set/Reset Deadlines: Joint Status Report due by 12/1/2021, updating the Court on the status of Defendant's response to Plaintiff's FOIA request, including the number of potentially responsive records and a proposed production schedule. (dot) (Entered: 11/02/2021)
2021-11-15Case directly reassigned to Judge Jia M. Cobb. Judge Colleen Kollar-Kotelly is no longer assigned to the case. (rj) (Entered: 11/15/2021)
2021-12-0112Joint STATUS REPORT by AMERICA FIRST LEGAL FOUNDATION. (Field, Brian) (Entered: 12/01/2021)
2021-12-02MINUTE ORDER re 12 Status Report filed by AMERICA FIRST LEGAL FOUNDATION: The Court has reviewed the Joint Status Report and directs the Parties to file another Joint Status Report by February 1, 2022. Signed by Judge Jia M. Cobb on December 2, 2021. (lcjmc2) (Entered: 12/02/2021)
2022-02-0113Joint STATUS REPORT by AMERICA FIRST LEGAL FOUNDATION. (Attachments: # 1 Text of Proposed Order Pl.'s Proposed Order, # 2 Text of Proposed Order Def.'s Proposed Order)(Field, Brian) (Entered: 02/01/2022)
2022-02-04MINUTE ORDER re 13 Joint Status Report filed by AMERICA FIRST LEGAL FOUNDATION: The Court has reviewed the Joint Status Report and ORDERS the Defendant to complete its search for responsive records by February 28, 2022. The Court further ORDERS that in releasing records to the Plaintiff each month, the Defendant shall explain the basis for not releasing any processed pages. The Court also ORDERS the Parties to file another Joint Status Report by March 1, 2022. In that Status Report, the Defendant shall confirm it completed its search for responsive records in compliance with this Minute Order and address how many pages of records it can reasonably process each month so that the Court can determine what, if any, further orders may be appropriate. Signed by Judge Jia M. Cobb on February 4, 2022. (lcjmc3) (Entered: 02/04/2022)
2022-03-0114Joint STATUS REPORT by U.S. DEPARTMENT OF STATE. (Attachments: # 1 Declaration of Susan C. Weetman, # 2 Text of Proposed Order for Plaintiff)(Hammond, Derek) (Entered: 03/01/2022)
2022-03-14MINUTE ORDER re 14 Joint Status Report filed by U.S. DEPARTMENT OF STATE: The Court has reviewed the Joint Status Report. The Status Report includes a declaration from Defendant attesting to the increased FOIA caseload and the impact that the pandemic has had on that caseload. In light of the Parties' report, the Court directs the Parties as follows: Defendant will use its best efforts to process 500 pages a month, but no less than 300 pages per month. The Court also directs the Parties to file another Joint Status Report by April 4, 2022. In that Status Report, Plaintiff may request that the Court revisit this order if Plaintiff has additional information in support of its position on the rate of processing. Signed by Judge Jia M. Cobb on March 14, 2022. (lcjmc3) (Entered: 03/14/2022)
2022-04-0415Joint STATUS REPORT by U.S. DEPARTMENT OF STATE. (Hammond, Derek) (Entered: 04/04/2022)
2022-04-05MINUTE ORDER re 15 Joint Status Report by U.S. DEPARTMENT OF STATE: The Court has reviewed the Joint Status Report and directs the Parties to file another Joint Status Report by May 4, 2022. Signed by Judge Jia M. Cobb on April 5, 2022. (lcjmc3) (Entered: 04/05/2022)
2022-05-0416Joint STATUS REPORT by U.S. DEPARTMENT OF STATE. (Hammond, Derek) (Entered: 05/04/2022)
2022-05-05MINUTE ORDER re 16 Joint Status Report by U.S. DEPARTMENT OF STATE: The Court has reviewed the Joint Status Report and directs the Parties to file another Joint Status Report by July 15, 2022. It is further ORDERED that the Parties shall file status reports every 90 days thereafter until further order of the Court. Signed by Judge Jia M. Cobb on May 5, 2022. (lcjmc3) (Entered: 05/05/2022)
2022-06-0317NOTICE of Appearance by Thomas Duffey on behalf of U.S. DEPARTMENT OF STATE (Duffey, Thomas) (Entered: 06/03/2022)
2022-07-1518Joint STATUS REPORT by U.S. DEPARTMENT OF STATE. (Duffey, Thomas) (Entered: 07/15/2022)
2022-07-18MINUTE ORDER re 18 Joint Status Report filed by U.S. Department of State: The Court has reviewed the Parties' Joint Status Report and directs the Parties to file another joint status report by August 30, 2022. It is further ORDERED that the Parties shall file joint status reports every 90 days thereafter until further order of the Court. Signed by Judge Jia M. Cobb on July 18, 2022. (lcjmc3) (Entered: 07/18/2022)
2022-08-3019Joint STATUS REPORT by U.S. DEPARTMENT OF STATE. (Duffey, Thomas) (Entered: 08/30/2022)
2022-11-2820Joint STATUS REPORT by AMERICA FIRST LEGAL FOUNDATION. (Attachments: # 1 Text of Proposed Order)(Field, Brian) (Entered: 11/28/2022)
2022-12-0721ORDER re 20 Joint Status Report: See document for scheduling order and information concerning discovery and case procedures. Signed by Judge Jia M. Cobb on December 7, 2022. (lcjmc1) (Entered: 12/07/2022)
2022-12-0722NOTICE OF SUBSTITUTION OF COUNSEL by John Bardo on behalf of U.S. DEPARTMENT OF STATE Substituting for attorney Derek S. Hammond (Bardo, John) (Entered: 12/07/2022)
2022-12-12Set/Reset Deadlines: Cross Motions due by 2/17/2023. Response to Cross Motions due by 3/30/2023. Reply to Cross Motions due by 4/4/2023. (zgf) (Entered: 12/12/2022)
2023-01-1023Consent MOTION for Extension of Time to File Dispositive Motions by U.S. DEPARTMENT OF STATE. (Attachments: # 1 Text of Proposed Order)(Bardo, John) (Entered: 01/10/2023)
2023-01-1224ORDER granting 23 Consent Motion for Extension of Time: Upon consideration of Defendant's Motion, the Court ORDERS that the Motion is GRANTED. Defendant's Motion for Summary Judgment is due by February 27, 2023; Plaintiff's Opposition and Cross-Motion for Summary Judgment is due by April 3, 2023; Defendant's Reply and Cross-Opposition is due by May 4, 2023; and Plaintiff's Reply is due by May 19, 2023. Additionally, Defendant shall file a Status Report by February 3, 2023, to update the Court on the status of the supplemental searches. Signed by Judge Jia M. Cobb on January 12, 2023. (lcjmc1) (Entered: 01/12/2023)
2023-01-12Set/Reset Deadlines: Cross Motions due by 4/3/2023. Response to Cross Motions due by 5/4/2023. Reply to Cross Motions due by 5/19/2023. Status Report due by 2/3/2023. (lcjmc1) (Entered: 01/12/2023)
2023-02-0325STATUS REPORT by U.S. DEPARTMENT OF STATE. (Bardo, John) (Entered: 02/03/2023)
2023-02-1526Joint STATUS REPORT by U.S. DEPARTMENT OF STATE. (Bardo, John) (Entered: 02/15/2023)
2023-02-16MINUTE ORDER re 26 Joint Status Report: In light of the Parties' Joint Status Report, ECF 26 , the Court vacates the current scheduling deadlines and ORDERS that the case is stayed until the Government finishes processing Plaintiff's request. The Parties are ORDERED to file a Status Report by March 15, 2023, and every 30 days thereafter until the Government completes processing Plaintiff's request. Signed by Judge Jia M. Cobb on February 16, 2023. (lcjmc1) (Entered: 02/16/2023)
2023-03-1527Joint STATUS REPORT by U.S. DEPARTMENT OF STATE. (Bardo, John) (Entered: 03/15/2023)
2023-04-1428Joint STATUS REPORT by U.S. DEPARTMENT OF STATE. (Bardo, John) (Entered: 04/14/2023)
2023-05-1529Joint STATUS REPORT by AMERICA FIRST LEGAL FOUNDATION. (Field, Brian) (Entered: 05/15/2023)
2023-05-23MINUTE ORDER re 29 Joint Status Report: The Court notes Plaintiff's request for the Court to order State to produce at least 1,500 pages per month, or in the alternative, to order State to produce 200 pages per month, irrespective of how many pages it processes. ECF 29 at 3. The Court declines to disturb the existing processing schedule at this time. The subject of this FOIA request does not present exigent circumstances justifying an expedited schedule, and the Parties may be able to resolve their dispute by narrowing the search terms through a representative sample (as discussed in the Joint Status Report). Signed by Judge Jia M. Cobb on May 23, 2023. (lcjmc1) (Entered: 05/23/2023)
2023-06-1430Joint STATUS REPORT by U.S. DEPARTMENT OF STATE. (Bardo, John) (Entered: 06/14/2023)
2023-07-1431Joint STATUS REPORT by U.S. DEPARTMENT OF STATE. (Bardo, John) (Entered: 07/14/2023)
2023-08-1432Joint STATUS REPORT by U.S. DEPARTMENT OF STATE. (Bardo, John) (Entered: 08/14/2023)
2023-09-1333Joint STATUS REPORT by U.S. DEPARTMENT OF STATE. (Bardo, John) (Entered: 09/13/2023)
2023-10-1334Joint STATUS REPORT by U.S. DEPARTMENT OF STATE. (Bardo, John) (Entered: 10/13/2023)
2023-10-16MINUTE ORDER re 34 Joint Status Report: It is hereby ORDERED that the Defendant shall file a status report by October 30,2023, informing the Court when it anticipates being able to produce the remaining records. This information is necessary so the Court can evaluate Plaintiff's request for an order. Signed by Judge Jia M. Cobb on October 16, 2023. (lcjmc1) (Entered: 10/16/2023)
2023-10-3035STATUS REPORT by U.S. DEPARTMENT OF STATE. (Bardo, John) (Entered: 10/30/2023)
2023-11-1336ENTERED IN ERROR....Joint STATUS REPORT by U.S. DEPARTMENT OF STATE. (Bardo, John) Modified on 11/14/2023 (znmw). (Entered: 11/13/2023)
2023-11-14NOTICE OF ERROR regarding 36 Status Report. The following error(s) need correction: Incorrect court header/case caption/case number. Incorrect document or case. Please refile. (znmw) (Entered: 11/14/2023)
2023-11-1437Joint STATUS REPORT by U.S. DEPARTMENT OF STATE. (Bardo, John) (Entered: 11/14/2023)
2023-11-16MINUTE ORDER re 37 Joint Status Report: The Court has reviewed the Parties' latest status report. The Court will not set any additional production deadlines at this time, but ORDERS that Defendant provide an update concerning its consultation with other executive branch agencies in the next status report, due December 13, 2023. Signed by Judge Jia M. Cobb on November 16, 2023. (lcjmc1) (Entered: 11/16/2023)
2023-11-16Set/Reset Deadlines: Status Report due by 12/13/2023. (zgf) (Entered: 12/01/2023)
2023-12-1338Joint STATUS REPORT by U.S. DEPARTMENT OF STATE. (Bardo, John) (Entered: 12/13/2023)
2023-12-18MINUTE ORDER re 38 Joint Status Report: It is hereby ORDERED that the Parties shall file another joint status report on or before January 12, 2024, updating the Court as to the State Department's consult with other agencies. Signed by Judge Jia M. Cobb on December 18, 2023. (lcjmc1) (Entered: 12/18/2023)
2024-01-1239Joint STATUS REPORT by U.S. DEPARTMENT OF STATE. (Bardo, John) (Entered: 01/12/2024)
2024-01-16MINUTE ORDER re 39 Joint Status Report: The Court has reviewed the Parties' joint status report, and hereby ORDERS that the Parties shall file another joint status report on or before February 12, 2024. The current status report does not give the Court any indication about what the outside agencies have represented to Defendant as the expected end date of their consultations. The upcoming status report should include this information, and any other information relevant to Defendant's progress in producing the responsive records. The Court will entertain Plaintiff's request for a further Court order after reviewing the Parties' positions in the next report. Signed by Judge Jia M. Cobb on January 16, 2024 (lcjmc1) (Entered: 01/16/2024)
2024-02-1240Joint STATUS REPORT by U.S. DEPARTMENT OF STATE. (Bardo, John) (Entered: 02/12/2024)
2024-03-1341Joint STATUS REPORT by U.S. DEPARTMENT OF STATE. (Bardo, John) (Entered: 03/13/2024)
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