Case Detail

FOIA Project Annotation: Judge Florence Pan has ruled that William Vollmann, a professional full-time writer, is both eligible for and entitled to attorney's fees for his litigation against the FBI for records about himself but that his request for $14,487.50 in fees should be reduced to $9,491.70 because she found the amount requested was unreasonable. In September 2011, Vollmann submitted a FOIA request to the FBI for records concerning himself. The FBI responded in April 2012 by indicating that it had reviewed 353 pages and was releasing 182 pages. Vollmann filed an administrative appeal with the Office of Information Policy. He then filed suit in June 2012. In August 2012, the FBI told Vollmann that it had processed an additional 785 pages and would disclose 294 pages. After reviewing the pages already disclosed, Vollmann learned that the FBI had investigated him as part of the Unabomber and anthrax-mailing investigations. In the September 2013 issue of Harper's Magazine, Vollmann published an article entitled Life as a Terrorist: Uncovering My FBI File, detailing his discoveries. The article received widespread media attention. In March 2016, the FBI informed Vollmann that it had located an additional 375 pages of records responsive to his FOIA request and was disclosing 69 pages. In May 2016, the parties jointly told the court that Vollmann would no longer challenge the agency's response to his FOIA request but would file a motion for attorney's fees. Pan agreed that Vollmann had substantially prevailed. She noted that "here, Vollmann has shown that his lawsuit caused the DOJ to release responsive records. Notably, the FBI changed course between August 24, 2012, and March 31, 2016. On August 24, 2012, the agency informed Vollmann that it 'had completed its search for documents responsive to Vollmann's FOIA request,' but the agency subsequently conducted several additional searches after Vollmann initiated this litigation. There is no reason to suppose that those additional searches would have occurred if Vollmann had not filed this suit. The FBI argued that there was no evidence that Vollmann's suit caused the second search. But Pan explained that "that argument misses the point: Vollmann is not arguing that the FBI's second release on August 24, 2012, indicated a change in course, but rather that the FBI's additional release of records on March 31, 2016, marked a change." She pointed out that "the record reflects that after the FBI completed the supplemental search in August 2012, it undertook further action in March 2016 as a result of this litigation." Turning to the issue of whether Vollmann was entitled to fees, Pan indicated that 'in the DOJ's view, because the FBI later releases 'did not reveal any significant new information concerning [the agency'] interaction' with Vollmann, Vollmann is ineligible for attorney's fees associated with the later-released information." Disagreeing with the FBI's claim, Pan noted that "Vollmann need not prove that the documents he received after 2013 actually advanced the public interest; rather, the Court must consider the 'potential public value' of the information sought." She added that "the publication of Vollmann's 2013 article and the media buzz that it generated demonstrate that there was significant public interest in the FBI's investigation of Vollmann." However, Pan agreed with DOJ that Vollmann could not recover all the hours for which he was requesting compensation because he had waived 3.8 hours related to his original complaint. Pan pointed out that "although plaintiffs generally may recover fees for the preparation and filing of FOIA complaints, Vollmann may not do so here because he waived recovery of these fees when he moved for partial dismissal in January 2013." Pan also reduced the hourly rate claimed by Vollmann's attorney because she found he had not substantiated the use of the Fitzpatrick Matrix. As a result, she lowered the fee award from $14,487.20 to $9,491.70.
Issues: Litigation - Attorney's fees - Eligibility, Litigation - Attorney's fees - Entitlement - Calculation of award

Date Filed	Doc #	Docket Text
2012-06-08	1	COMPLAINT against CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF JUSTICE ( Filing fee $ 350, receipt number 4616048928) filed by WILLIAM T. VOLLMANN. (Attachments: # 1 Civil Cover Sheet)(jf, ) (Entered: 06/11/2012)
2012-06-08		SUMMONS (4) Issued as to CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF JUSTICE, U.S. Attorney and U.S. Attorney General (jf, ) (Entered: 06/11/2012)
2012-07-08	2	Consent MOTION for Extension of Time to File Answer re 1 Complaint by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Fields, Rhonda) (Entered: 07/08/2012)
2012-07-09	3	ORDER granting 2 Consent MOTION for Extension of Time to Answer re 1 Complaint; and defendants shall file an answer on orbefore July 30, 2012.. Signed by Judge Robert L. Wilkins on 7/9/2012. (tcb) (Entered: 07/09/2012)
2012-07-27	4	ANSWER to 1 Complaint by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF JUSTICE.(Fields, Rhonda) (Entered: 07/27/2012)
2012-07-30		MINUTE ORDER: Before the Court in this FOIA case are a complaint and an answer. The requirements of LCVR 16.3 and Rule 26(f) of the Federal Rules of Civil procedure appear to be inapplicable. Defendants may have 30 days from the date of this order within which to file a dispositive motion or, in the alternative, to file a report setting forth the schedule according to which Defendants will complete their production of documents to the plaintiff. Signed by Judge Robert L. Wilkins on 7/30/2012. (tcb) (Entered: 07/30/2012)
2012-08-29	5	MOTION for Summary Judgment by CENTRAL INTELLIGENCE AGENCY (Attachments: # 1 Lutz Declaration, # 2 Text of Proposed Order)(Fields, Rhonda) (Entered: 08/29/2012)
2012-08-29	6	RESPONSE TO ORDER OF THE COURT re Order,, filed by DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order)(Fields, Rhonda) (Entered: 08/29/2012)
2012-08-31	7	ORDER: Upon consideration of the FBIs scheduling request that has been consented to by Plaintiff, the Court hereby sets the briefing schedule in this matter as follows: Defendant FBI the shall file its dispositive motion on or before December 17, 2012; The Plaintiff may file any Opposition by January 18, 2013; Defendant may file any Reply within 10 days of service of the Opposition.Plaintiff may file a cross-motion for summary judgment on or before January 18, 2013; Defendant may file any opposition to the cross-motion within 17 days of service of the cross-motion; Plaintiff may file any Reply within 10 days of service of the Opposition. Signed by Judge Robert L. Wilkins on 8/31/2012. (tcb) (Entered: 08/31/2012)
2012-09-13	8	STIPULATION of Dismissal With Respect to Defendant CIA by WILLIAM T. VOLLMANN. (Sobel, David) (Entered: 09/13/2012)
2012-09-19		MINUTE ORDER: ORDER OF DISMISSAL AS TO DEFENDANT CENTRAL INTELLIGENT AGENCY. Consistent with the Joint Stipulation of Dismissal filed by Plaintiff and the Central Intelligence Agency, this action is here by dismissed with prejudice pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Each party to bear its own costs and fees. Signed by Judge Robert L. Wilkins on 9/19/2012. (tcb) (Entered: 09/19/2012)
2012-12-17	9	Consent MOTION for Extension of Time to file summary judgment motion by DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Fields, Rhonda) (Entered: 12/17/2012)
2012-12-18		MINUTE ORDER granting 9 Consent MOTION for Extension of Time to file summary judgment motion; Defendant's Summary Judgment Motion shall be filed by December 19,2012. Signed by Judge Robert L. Wilkins on 12/18/2012. (tcb) (Entered: 12/18/2012)
2012-12-19	10	MOTION for Summary Judgment by DEPARTMENT OF JUSTICE (Attachments: # 1 Hardy Declaration, # 2 Hardy Dec exhibits A-I, # 3 Hardy Dec exhibit J (Vollman 1-785, # 4 Hardy Dec exhibit K, # 5 ICE Vaughn Index, # 6 Text of Proposed Order)(Fields, Rhonda) (Entered: 12/19/2012)
2013-01-16	11	Joint MOTION to Dismiss (Partially) and to Stay Further Proceedings by WILLIAM T. VOLLMANN (Attachments: # 1 Text of Proposed Order)(Sobel, David) (Entered: 01/16/2013)
2013-01-17	12	ORDER granting 11 Joint MOTION to Dismiss (Partially) and to Stay Further Proceedings; ORDERED that plaintiffs claims with respect to the Federal Bureau of Investigations processing of a total of 785 pages responsive to plaintiffs FOIA/PA request are hereby dismissed with prejudice, with the parties to pay their own fees, costs and expenses; it is FURTHER ORDERED that further proceedings in this action are stayed until November 15, 2013; and it is FURTHER ORDERED that the parties shall file a report with the Court no later than November 15, 2013, advising the Court of the status of any documents remaining at issue. Signed by Judge Robert L. Wilkins on 1/17/2013. (tcb) (Entered: 01/17/2013)
2013-01-17		MINUTE ORDER: Defendant's 10 Motion for Summary Judgment is hereby DENIED AS MOOT. Signed by Judge Robert L. Wilkins on 1/17/2013. (tcb) (Entered: 01/17/2013)
2013-04-04		Case reassigned to Judge Ketanji Brown Jackson. Judge Robert L. Wilkins no longer assigned to the case. (ds) (Entered: 04/04/2013)
2013-08-05		MINUTE ORDER. The Court acknowledges that the proceedings in this matter have been stayed until November 15, 2013, at which time the parties will submit a status report on the remaining documents; however, in light of the Defendant's representation that Defendant would "initiate an inquiry concerning the availability of the records for review in August 2013," is is HEREBY ORDERED that, no later than September 2, 2013, the parties submit an interim status report advising the Court of any progress made in reviewing the remaining documents. Signed by Judge Ketanji Brown Jackson on 08/05/2013. (lckbj1) (Entered: 08/05/2013)
2013-08-12		Set/Reset Deadlines: Interim Status Report due by 9/2/2013 (gdf) (Entered: 08/12/2013)
2013-09-03	13	STATUS REPORT by DEPARTMENT OF JUSTICE. (Attachments: # 1 Ex 1)(Fields, Rhonda) (Entered: 09/03/2013)
2013-11-14	14	STATUS REPORT by DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order)(Fields, Rhonda) (Entered: 11/14/2013)
2013-11-18		MINUTE ORDER STAYING CASE: Upon consideration of the representations made in the status report filed on November 14, 2013, it is ORDERED that the stay in this matter is extended until February 17, 2014; and it is FURTHER ORDERED that the parties shall file a report no later than February 17, 2014 advising the Court as to the status of any documents remaining at issue. Signed by Judge Ketanji Brown Jackson on 11/18/2013. (lckbj1) (Entered: 11/18/2013)
2013-11-18		Set/Reset Deadlines: Status Report due by 2/17/2014. (gdf) (Entered: 11/18/2013)
2014-02-19	15	STATUS REPORT by DEPARTMENT OF JUSTICE. (Fields, Rhonda) (Entered: 02/19/2014)
2014-02-20		MINUTE ORDER STAYING CASE: Upon consideration of the representations made in the status report filed on February 19, 2014, it is ORDERED that the stay in this matter is extended until May 20, 2014; and it is FURTHER ORDERED that the parties shall file a report no later than May 20, 2014 advising the Court as to the status of any documents remaining at issue. Signed by Judge Ketanji Brown Jackson on 2/20/2014. (lckbj1, ) (Entered: 02/20/2014)
2014-05-20	16	STATUS REPORT by DEPARTMENT OF JUSTICE. (Fields, Rhonda) (Entered: 05/20/2014)
2014-05-22		MINUTE ORDER setting Status Conference for 6/5/2014 at 10:00 AM in Courtroom 17 before Judge Ketanji Brown Jackson. Signed by Judge Ketanji Brown Jackson on 05/22/2014. (lckbj1) (Entered: 05/22/2014)
2014-06-05		Minute Entry for proceedings held before Judge Ketanji Brown Jackson: Status Conference held on 6/5/2014. Scheduling Order forthcoming. (Court Reporter: Barbara De Vico) (gdf) (Entered: 06/05/2014)
2014-06-30		MINUTE ORDER: Upon consideration of the representations that the parties made at the status conference held on June 5, 2014, it is hereby ORDERED that Defendants shall file a status report no later than July 14, 2014, updating the Court on (1) any progress that has been made on the completion of the background checks for the contractor employees that are to perform the remediation of the damaged records and (2) its research into the nature of the documents contained in the damaged file. Signed by Judge Ketanji Brown Jackson on 06/30/2014. (lckbj1) (Entered: 06/30/2014)
2014-07-10	17	RESPONSE TO ORDER OF THE COURT re Order, Set Deadlines,,,, filed by DEPARTMENT OF JUSTICE. (Attachments: # 1 Second Hardy declaration)(Fields, Rhonda) (Entered: 07/10/2014)
2014-07-23		MINUTE ORDER: Upon consideration of the representations that Defendant made in 17 its Response to this Court's Minute Order of June 30, 2014, it is hereby ORDERED that Defendant shall file a status report by September 7, 2014, and every 45 days thereafter, updating the Court on any progress that has been made on (1) the clearance of the facility where the document remediation will take place, (2) the completion of the background checks for the contractor employees that are to perform the document remediation, and (3) any other steps that need to be taken before the document remediation can begin. Once the document remediation begins, the reports shall update the Court on the status of the remediation of the documents at issue in this case, including an estimate of when the contractors will complete remediation of those documents. Signed by Judge Ketanji Brown Jackson on 07/23/2014. (lckbj1) (Entered: 07/23/2014)
2014-09-08	18	RESPONSE TO ORDER OF THE COURT re Order, Set Deadlines,,,,,, filed by DEPARTMENT OF JUSTICE. (Attachments: # 1 FBI Declaration)(Fields, Rhonda) (Entered: 09/08/2014)
2014-09-09	19	NOTICE of Change of Address by David L. Sobel (Sobel, David) (Entered: 09/09/2014)
2014-10-21	20	STATUS REPORT by DEPARTMENT OF JUSTICE. (Attachments: # 1 Declaration)(Fields, Rhonda) (Entered: 10/21/2014)
2014-12-08	21	STATUS REPORT by DEPARTMENT OF JUSTICE. (Attachments: # 1 Hardy Declaration)(Fields, Rhonda) (Attachment 1 replaced on 12/10/2014) (jf, ). Modified on 12/10/2014 (jf, ). (Entered: 12/08/2014)
2015-01-20	22	STATUS REPORT by DEPARTMENT OF JUSTICE. (Attachments: # 1 Fourth Hardy Declaration)(Fields, Rhonda) (Entered: 01/20/2015)
2015-01-20	23	ERRATA by DEPARTMENT OF JUSTICE 22 Status Report filed by DEPARTMENT OF JUSTICE. (Attachments: # 1 Exhibit)(Fields, Rhonda) (Entered: 01/20/2015)
2015-02-25	24	NOTICE OF SUBSTITUTION OF COUNSEL by Andrea McBarnette on behalf of All Defendants Substituting for attorney Rhonda Fields (McBarnette, Andrea) (Entered: 02/25/2015)
2015-03-04	25	STATUS REPORT - March 2015 by DEPARTMENT OF JUSTICE. (Attachments: # 1 Declaration)(McBarnette, Andrea) (Entered: 03/04/2015)
2015-04-21	26	STATUS REPORT April 2015 by DEPARTMENT OF JUSTICE. (McBarnette, Andrea) (Entered: 04/21/2015)
2015-05-20	27	NOTICE OF SUBSTITUTION OF COUNSEL by Fred Elmore Haynes on behalf of DEPARTMENT OF JUSTICE Substituting for attorney Andrea McBarnette (Haynes, Fred) (Entered: 05/20/2015)
2015-06-05	28	STATUS REPORT by DEPARTMENT OF JUSTICE. (Haynes, Fred) (Entered: 06/05/2015)
2015-07-20	29	STATUS REPORT by DEPARTMENT OF JUSTICE. (Haynes, Fred) (Entered: 07/20/2015)
2015-09-03	30	STATUS REPORT by DEPARTMENT OF JUSTICE. (Haynes, Fred) (Entered: 09/03/2015)
2015-10-19	31	STATUS REPORT by DEPARTMENT OF JUSTICE. (Haynes, Fred) (Entered: 10/19/2015)
2015-11-30	32	STATUS REPORT by DEPARTMENT OF JUSTICE. (Haynes, Fred) (Entered: 11/30/2015)
2016-01-14	33	STATUS REPORT by DEPARTMENT OF JUSTICE. (Haynes, Fred) (Entered: 01/14/2016)
2016-02-29	34	STATUS REPORT by DEPARTMENT OF JUSTICE. (Haynes, Fred) (Entered: 02/29/2016)
2016-04-15	35	Final STATUS REPORT by DEPARTMENT OF JUSTICE. (Haynes, Fred) (Entered: 04/15/2016)
2016-04-19		MINUTE ORDER. In light of the representations in Defendants' 35 Status Report, it is hereby ORDERED that the parties shall promptly confer a file status report, which shall contain a proposed schedule for further proceedings if litigation is going to be necessary, on or before 5/3/2016. Signed by Judge Ketanji Brown Jackson on 04/19/2016. (lckbj1) (Entered: 04/19/2016)
2016-05-03	36	Joint STATUS REPORT by WILLIAM T. VOLLMANN. (Sobel, David) (Entered: 05/03/2016)
2016-05-04		MINUTE ORDER: Based on the representations in the parties' 36 Joint Status Report, it is hereby ORDERED that the following schedule is set for briefing Plaintiff's request for attorneys' fees in this matter: Plaintiff's motion is due by 6/10/2016; Defendants' response is due by 7/8/2016; Plaintiff's reply is due by 7/22/2016. Signed by Judge Ketanji Brown Jackson on 05/4/2016. (lckbj1) (Entered: 05/04/2016)
2016-06-10	37	MOTION for Attorney Fees and Costs by WILLIAM T. VOLLMANN (Attachments: # 1 Exhibit A - H, # 2 Text of Proposed Order)(Sobel, David) (Entered: 06/10/2016)
2016-07-08	38	Consent MOTION for Extension of Time to File Defendant's Opposition to Plaintiff's Motion for Attorney's Fees by DEPARTMENT OF JUSTICE (Haynes, Fred) (Entered: 07/08/2016)
2016-07-08		MINUTE ORDER granting, for good cause shown, 38 Consent Motion for Extension of Time to File Defendant's Opposition to Plaintiff's Motion for Attorney's Fees. Defendant's response re 37 is due on or before 7/18/2016. Plaintiff's reply re 37 is due on or before 8/8/2016. Signed by Judge Ketanji Brown Jackson on 07/08/2016. (lckbj1) (Entered: 07/08/2016)
2016-07-18	39	Consent MOTION for Extension of Time to File Defendant's Opposition to Plaintiff's Motion for Attorney's Fees by DEPARTMENT OF JUSTICE (Haynes, Fred) (Entered: 07/18/2016)
2016-07-22		MINUTE ORDER granting, for good cause shown, 39 Consent Motion for Extension of Time to File Defendants' Opposition to Plaintiff's Motion for Attorney's Fees, nunc pro tunc. It is hereby ORDERED that Defendants' opposition to 37 is due on or before 7/25/2016, and that Plaintiff's reply in further support of 37 is due on or before 8/10/2016. Signed by Judge Ketanji Brown Jackson on 07/22/2016. (lckbj1, ) (Entered: 07/22/2016)
2016-07-25	40	Memorandum in opposition to re 37 MOTION for Attorney Fees and Costs filed by DEPARTMENT OF JUSTICE. (Attachments: # 1 Exhibit A - Sixth Hardy Declaration)(Haynes, Fred) (Entered: 07/25/2016)
2016-08-09	41	REPLY to opposition to motion re 37 MOTION for Attorney Fees and Costs filed by WILLIAM T. VOLLMANN. (Sobel, David) (Entered: 08/09/2016)
2019-06-25	42	NOTICE OF SUBSTITUTION OF COUNSEL by Peter C. Pfaffenroth on behalf of CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF JUSTICE Substituting for attorney Fred E. Haynes (Pfaffenroth, Peter) (Entered: 06/25/2019)
2021-06-22		Judge Ketanji Brown Jackson has been elevated to serve on the U.S. Court of Appeals for the D.C. Circuit. She is therefore no longer assigned to this case, and this matter has been reassigned to the Calendar Committee, which will oversee it until it is assigned to another district judge. Any questions should be directed to Judge Jackson's former deputy clerk, Gwendolyn Franklin, at 202-354-3145 or gwen_franklin@dcd.uscourts.gov. (rj) (Entered: 06/22/2021)
2021-10-01		Case directly reassigned to Judge Florence Y. Pan. Judge Ketanji Brown Jackson has been appointed to the D.C. Circuit and is no longer assigned to the case. (ztnr) (Entered: 10/01/2021)
2021-12-07	43	NOTICE OF SUPPLEMENTAL AUTHORITY by WILLIAM T. VOLLMANN (Sobel, David) (Entered: 12/07/2021)
2021-12-08		MINUTE ORDER. Defendants may file a Response that addresses Plaintiff's 43 Notice of Supplemental Authority by December 22, 2021. Signed by Judge Florence Y. Pan on 12/8/21. (lcaa) (Entered: 12/08/2021)
2021-12-08	44	NOTICE OF SUBSTITUTION OF COUNSEL by Anna Davis Walker on behalf of DEPARTMENT OF JUSTICE Substituting for attorney Peter C. Pfaffenroth (Walker, Anna) (Entered: 12/08/2021)
2021-12-08		Set/Reset Deadlines: Defendant's Response due by 12/22/2021. (zacr) (Entered: 12/09/2021)
2021-12-15	45	Consent MOTION for Extension of Time to Respond to Plaintiff's Notice of Supplemental Authority by DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order)(Walker, Anna) (Entered: 12/15/2021)
2021-12-16		MINUTE ORDER granting 45 Consent Motion for Extension of Time to Respond to Plaintiff's Notice of Supplemental Authority, for good cause shown. Defendants' response is due on January 26, 2022. Signed by Judge Florence Y. Pan on 12/16/21. (lcaa) (Entered: 12/16/2021)
2021-12-16		Set/Reset Deadlines: Defendants' Response due by 1/26/2022. (zacr) (Entered: 12/17/2021)
2022-01-26	46	RESPONSE re 43 NOTICE OF SUPPLEMENTAL AUTHORITY and Notice of Additional Supplemental Authority filed by DEPARTMENT OF JUSTICE. (Walker, Anna) (Entered: 01/26/2022)
2022-04-14	47	ORDER granting in part and denying in part Plaintiff's 37 Motion for Attorney Fees. Defendant is directed to pay Plaintiff $9,491.70 in attorney's fees by May 16, 2022, unless the parties reach an alternative mutually agreeable date. Signed by Judge Florence Y. Pan on 4/14/22. (lcaa) (Entered: 04/14/2022)
2022-04-14	48	MEMORANDUM OPINION re: Plaintiff's 37 Motion for Attorney's Fees and Costs. Signed by Judge Florence Y. Pan on 4/14/22. (lcaa) (Entered: 04/14/2022)
2022-06-02	49	NOTICE of Appearance by Erika Kirstie Oblea on behalf of All Defendants (Oblea, Erika) (Entered: 06/02/2022)
2022-06-02	50	STIPULATION of Dismissal by DEPARTMENT OF JUSTICE. (Oblea, Erika) (Entered: 06/02/2022)
2022-06-02		MINUTE ORDER. Upon consideration of the 50 Stipulation of Dismissal, this case is dismissed with prejudice pursuant to Federal Rule of Civil Procedure 41(a)(1), with each party to bear its own costs and fees, except as provided in the Court's Order of April 14, 2022. Signed by Judge Florence Y. Pan on 6/2/2022. (lcrl) (Entered: 06/02/2022)
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