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Case TitleSTATE OF GEORGIA et al v. US DEPARTMENT OF JUSTICE
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2021cv03138
Date Filed2021-12-01
Date Closed2023-02-21
JudgeJudge Trevor N. McFadden
PlaintiffSTATE OF GEORGIA
PlaintiffBRAD RAFFENSPERGER Georgia Secretary of State, in his official capacity
Case DescriptionThe State of Georgia submitted a FOIA request to the Department of Justice for records concerning the agency's decision to sue Georgia over the constitutionality of its recent changes to how elections are conducted in Georgia. Georgia also requested a fee waiver. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Georgia filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Attorney's fees

DefendantUS DEPARTMENT OF JUSTICE
AppealD.C. Circuit 23-5083
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
Opinion/Order [22]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2021-12-011COMPLAINT against US DEPARTMENT OF JUSTICE ( Filing fee $ 402 receipt number ADCDC-8897892) filed by BRAD RAFFENSPERGER, STATE OF GEORGIA. (Attachments: # 1 Exhibit A:FOIA Request, # 2 Exhibit B: FOIA Acknowledgment, # 3 Exhibit C: JMD FOIA Acknowledgment, # 4 Exhibit D: OIP FOIA Acknowledgment, # 5 Civil Cover Sheet, # 6 Summons DOJ, # 7 Summons DOJ-M Garland, # 8 Summons US Atty)(Schaerr, Gene) (Entered: 12/01/2021)
2021-12-012NOTICE of Appearance by Brian J. Field on behalf of All Plaintiffs (Field, Brian) (Entered: 12/01/2021)
2021-12-01Case Assigned to Judge Trevor N. McFadden. (adh, ) (Entered: 12/01/2021)
2021-12-013SUMMONS (3) Issued Electronically as to US DEPARTMENT OF JUSTICE, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(adh, ) (Entered: 12/01/2021)
2021-12-024STANDING ORDER Establishing Procedures for Cases Before Judge Trevor N. McFadden. The parties are hereby ORDERED to read and comply with the directives in the attached standing order. Signed by Judge Trevor N. McFadden on 12/2/2021. (lctnm3) (Entered: 12/02/2021)
2021-12-085RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 12/7/2021. Answer due for ALL FEDERAL DEFENDANTS by 1/6/2022. (Schaerr, Gene) (Entered: 12/08/2021)
2021-12-086RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. US DEPARTMENT OF JUSTICE served on 12/7/2021 (Schaerr, Gene) (Entered: 12/08/2021)
2021-12-087RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 12/07/2021. (Schaerr, Gene) (Entered: 12/08/2021)
2022-01-068NOTICE of Appearance by Rebecca Michelle Kopplin on behalf of US DEPARTMENT OF JUSTICE (Kopplin, Rebecca) (Entered: 01/06/2022)
2022-01-069ANSWER to Complaint by US DEPARTMENT OF JUSTICE.(Kopplin, Rebecca) (Entered: 01/06/2022)
2022-01-06MINUTE ORDER. Before the Court are a Complaint and an Answer in this FOIA case. It is hereby ORDERED that the parties shall meet and confer and file a Joint Status Report proposing a schedule for proceeding in this matter. The schedule should address, among other things, the status of Plaintiff's FOIA request, the anticipated number of documents responsive to Plaintiff's FOIA request, the anticipated date(s) for release of the documents requested by Plaintiff, whether a motion for an Open America stay is likely in this case, whether a Vaughn index will be required in this case, and a briefing schedule for dispositive motions, if required. The parties shall file the schedule on or before February 3, 2022. SO ORDERED. Signed by Judge Trevor N. McFadden on 1/6/2022. (lctnm3) (Entered: 01/06/2022)
2022-01-10Set/Reset Deadlines: Joint Status Report due by 2/3/2022. (hmc) (Entered: 01/10/2022)
2022-02-0310Joint STATUS REPORT by US DEPARTMENT OF JUSTICE. (Kopplin, Rebecca) (Entered: 02/03/2022)
2022-02-04MINUTE ORDER. Upon consideration of the parties' 10 Joint Status Report, the parties are hereby ORDERED to file another Joint Status Report on or before April 4, 2022, and every 60 days thereafter until production is complete. SO ORDERED. Signed by Judge Trevor N. McFadden on 2/4/2022. (lctnm3) (Entered: 02/04/2022)
2022-02-04Set/Reset Deadlines: Joint Status Report due by 4/4/2022, and every 60 days thereafter. (hmc) (Entered: 02/04/2022)
2022-04-0411Joint STATUS REPORT by US DEPARTMENT OF JUSTICE. (Kopplin, Rebecca) (Entered: 04/04/2022)
2022-06-0312Joint STATUS REPORT by US DEPARTMENT OF JUSTICE. (Kopplin, Rebecca) (Entered: 06/03/2022)
2022-06-06MINUTE ORDER. The parties are hereby ORDERED to adhere to the following briefing schedule. Defendant shall file its motion for summary judgment on or before July 21, 2022. Plaintiffs shall file their combined cross-motion for summary judgment and opposition to Defendants motion for summary judgment on or before August 25, 2022. Defendant shall file its combined opposition and reply on or before September 15, 2022. Plaintiffs shall file their reply on or before October 6, 2022. SO ORDERED. Signed by Judge Trevor N. McFadden on 6/6/2022. (lctnm3) (Entered: 06/06/2022)
2022-06-07Set/Reset Deadlines: Summary Judgment motion due by 7/21/2022. Cross-Motion and Opposition due by 8/25/2022. Opposition and Reply due by 9/15/2022. Reply due by 10/6/2022. (hmc) (Entered: 06/07/2022)
2022-07-1113Consent MOTION for Extension of Time to File motion for summary judgment , Consent MOTION for Extension of Time to File Response/Reply response / reply by US DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order)(Kopplin, Rebecca) (Entered: 07/11/2022)
2022-07-11MINUTE ORDER granting Defendant's 13 Consent Motion for Extension of Time to File. Defendant's Motion for Summary Judgment is due on or before August 25, 2022. Plaintiffs' combined Cross Motion for Summary Judgment and Opposition is due on or before September 29, 2022. Defendant's combined Opposition and Reply is due on or before October 20, 2022. Plaintiffs' Reply is due on or before November 10, 2022. SO ORDERED. Signed by Judge Trevor N. McFadden on 7/11/22. (lctnm3) (Entered: 07/11/2022)
2022-08-2514MOTION for Summary Judgment by US DEPARTMENT OF JUSTICE. (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Text of Proposed Order, # 4 Exhibit 1, # 5 Exhibit 2, # 6 Exhibit 3)(Kopplin, Rebecca) (Entered: 08/25/2022)
2022-09-2915Memorandum in opposition to re 14 MOTION for Summary Judgment filed by BRAD RAFFENSPERGER, STATE OF GEORGIA. (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Declaration of Brian J. Field with Exhibits)(Schaerr, Gene) Modified docket event/text on 9/30/2022 (zed). (Entered: 09/29/2022)
2022-09-2916Cross MOTION for Summary Judgment by BRAD RAFFENSPERGER, STATE OF GEORGIA. (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Declaration of Brian J. Field with Exhibits)(Schaerr, Gene) (Entered: 09/29/2022)
2022-10-2017REPLY to opposition to motion re 14 MOTION for Summary Judgment filed by US DEPARTMENT OF JUSTICE. (Attachments: # 1 Exhibit A)(Kopplin, Rebecca) (Entered: 10/20/2022)
2022-10-2018Memorandum in opposition to re 16 Cross MOTION for Summary Judgment filed by US DEPARTMENT OF JUSTICE. (Attachments: # 1 Exhibit A, # 2 Exhibit Response to Plaintiffs' SUMF)(Kopplin, Rebecca) Modified docket event/text on 10/21/2022 (zed). (Entered: 10/20/2022)
2022-10-2119NOTICE of supplemental production by US DEPARTMENT OF JUSTICE (Kopplin, Rebecca) (Entered: 10/21/2022)
2022-11-0220Consent MOTION for Extension of Time to File Response/Reply as to 16 Cross MOTION for Summary Judgment by BRAD RAFFENSPERGER, STATE OF GEORGIA. (Attachments: # 1 Text of Proposed Order)(Schaerr, Gene) (Entered: 11/02/2022)
2022-11-02MINUTE ORDER granting the 20 Consent Motion for Extension of Time to File Response/Reply. Plaintiffs shall file their Reply on or before November 22, 2022. SO ORDERED. Signed by Judge Trevor N. McFadden on 11/2/2022. (lctnm3) (Entered: 11/02/2022)
2022-11-03Set/Reset Deadlines: Plaintiff's reply due by 11/22/2022. (hmc) (Entered: 11/03/2022)
2022-11-2221REPLY to opposition to motion re 16 Cross MOTION for Summary Judgment filed by BRAD RAFFENSPERGER, STATE OF GEORGIA. (Schaerr, Gene) (Entered: 11/22/2022)
2022-12-01MINUTE ORDER: Upon consideration of Defendant's 14 Motion for Summary Judgment, and Plaintiff's 16 Cross-Motion for Summary Judgment, the parties are hereby ORDERED to appear for a motions hearing at 10:00 A.M. on December 19, 2022. The hearing will be in-person before Judge Trevor N. McFadden in Courtroom 2. SO ORDERED. Signed by Judge Trevor N. McFadden on 12/1/2022. (lctnm2) Modified on 12/1/2022 to add time of hearing (hmc). (Entered: 12/01/2022)
2022-12-01Set/Reset Hearings: Motion Hearing set for 12/19/2022 at 10:00 AM in Courtroom 2- In Person before Judge Trevor N. McFadden. (hmc) (Entered: 12/01/2022)
2022-12-19Minute Entry for proceedings held before Judge Trevor N. McFadden: Motion Hearing held on 12/19/2022 re 14 Motion for Summary Judgment filed by US DEPARTMENT OF JUSTICE, 16 Cross Motion for Summary Judgment filed by BRAD RAFFENSPERGER, STATE OF GEORGIA. Held under advisement. (Court Reporter: Tammy Nestor.) (hmc) (Entered: 12/19/2022)
2023-02-2022MEMORANDUM OPINION re Defendants 14 Motion for Summary Judgment and Plaintiffs 16 Cross-Motion for Summary Judgment. See attached Opinion for details. Signed by Judge Trevor N. McFadden on 2/20/2023. (lctnm2) (Entered: 02/20/2023)
2023-02-2023ORDER. For the reasons stated in the 22 Memorandum Opinion, Defendant's 14 Motion for Summary Judgment is DENIED and Plaintiffs' 16 Cross-Motion for Summary Judgment is GRANTED. This is a final, appealable Order. Signed by Judge Trevor N. McFadden on 2/20/2023. (lctnm2) (Entered: 02/20/2023)
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