Case Detail

FOIA Project Annotation: Judge Randolph Moss has ruled that the State Department properly withheld records concerning Presidential Study Directive 11, a 2010 memo from the President to senior foreign policy advisors discussing national security topics related to the Middle East and North Africa, as well as records pertaining to the Muslim Brotherhood under Exemption 1 (national security) and Exemption 5 (deliberative process privilege) in response to a request by George Canning. Moss found that records referred to the CIA had been properly withheld under Exemption 1 and that redactions made under Exemption 6 (invasion of privacy) to records referred to USAID were also appropriate. However, Moss found that State had not provided sufficient justification for classifying two email attachments after receiving Canning's FOIA request and instructed the agency to justify its delegation of authority. Canning argued that PSD-11 and related records were not properly classified because PSD-11 had been discussed with the media. Unconvinced, Moss noted that "unquestionably, some information about the Administration's foreign policies in the Middle East and North Africa was not classified, and there is no indication that the cited discussions went beyond such information." He added that "there is no indication here that the government has officially disclosed or acknowledged PSD-11's contents. Even assuming that government officials discussed the policies resulting from PSD-11 with the media, an official disclosure of information 'similar' to the exempted information is not enough." Because the agency had upgraded the classification of two email attachments while responding to Canning's request, Moss agreed that the agency was required to follow § 1.7(d) of Executive Order 13526, which required that such decisions be made on a "document-by-document basis with the personal participation or under the direction of" the Under Secretary of State for Management. Canning challenged whether that decision could be delegated. While Moss found the delegation was appropriate, he pointed out that the agency had failed to show that the Under Secretary was involved in the review process. He noted that "although the Under Secretary 'directed' that [a deputy assistant secretary] act as the classifying official, the declarations do not indicate whether the Under Secretary was 'apprised of actions taken under [that] authority; so that he could exercise oversight of those actions. Absent some opportunity for actual oversight by the Under Secretary, the Court concludes that there would be no meaningful difference between acting at the Under Secretary's direction and acting pursuant to a delegation of his authority" Moss ordered the agency to explain that the provisions of § 1.7(d) had been properly complied with. Canning argued that State's affidavits could not serve as a basis for why records were withheld by the CIA and USAID. But Moss noted that "to be sure, agencies must provide the reviewing court with sufficient information to justify their withholding decisions. In some situations, that may require additional declarations from other agencies. But Plaintiffs do not identify any information essential to the Court's review that can only be obtained from CIA or USAID officials. [State's affidavit], moreover, did not merely relay withholding determinations made by another agency without providing an explanation for those determinations." USAID had withheld identifying information about local organizations that had received U.S. support under Exemption 6. Moss questioned whether the information qualified as "similar" under the exemption. However, he concluded the exemption applied, noting that "the Department and USAID are far better positioned than Plaintiffs or the Court to determine whether, on these facts, disclosure would lead to the identification of particular individuals in those countries."
Issues: Search - Referral, Exemption 1 - Properly classified, Exemption 6 - Invasion of privacy, Exemption 1 - Harm to national security

FOIA Project Annotation: Resolving the remaining handful of issues from two consolidated cases asking for records pertaining to PSD-11, a presidential directive issued by President Barrack Obama concerning the Muslim Brotherhood, Judge Randolph Moss has ruled that the Department of State conducted an adequate search for records and properly withheld records under Exemption 1 (national security) and Exemption 5 (privileges). George Canning and Jeffrey Steinberg filed suit in 2013 for records pertaining to PSD-11. Two years later, based on an item in the Gulf News Report, SAE Productions requested records mentioned in the article as having been part of ongoing FOIA litigation against the State Department. Although both the Canning and the SAE Productions suits were originally filed separately, because of their similarity the State Department asked to have them consolidated. SAE Productions challenged the adequacy of the agency's search, questioning whether State had properly concluded that the records referenced by the Gulf News Report were the records the agency had located. Moss found the search appropriate. He noted that "there was no reason for the Department to search for records created after its earlier release of records to the Canning Plaintiffs �" or after publication of the Gulf New Report article �" and the record clearly establishes that the Department not only searched for, but located, the records from the relevant timeframe." He approved of the agency's decision to limit its search to its database containing FOIA-disclosed records. He pointed out that "because SAE sought records that the Department had released in response to a prior FOIA request, this was the obvious place to search." Canning challenged the classification of documents after his FOIA request was submitted. Canning contended that the Executive Order on Classification required State to explain the changed circumstances requiring the agency to classify the records after receiving his request. Moss found this went too far. He noted that "it is appropriate to put the classifying agency to the test of explaining �" in general terms �" how disclosure could harm the national security interests of the United States. Once the agency does so, however, it has shown that the record at issue was 'properly classified pursuant to [the] Executive Order' and FOIA requires no more." Canning argued more broadly that the agency had failed to show whether the Under Secretary had exercised appropriate supervision over classification decisions made by former State Department FOIA Officer Margaret Grafeld and current FOIA Officer Eric Stein. Moss pointed out that "the Under Secretary is free to decide how he will guide, supervise, or manage the review process, but the Court must decide whether he has done so." Moss found that Grafeld's classification decisions had been subject to review, but that there was a lack of evidence showing that Stein's more recent decisions were subject to review. He pointed out that "there is no evidence that the Under Secretary was aware that the four records were subject to reclassification; there is no evidence that he had the opportunity to exercise a contrary view; and there is no evidence he guided, managed, or supervised Stein's review in any way, beyond merely assigning the review responsibility to him." Canning argued that drafts of a letter to be sent to King Abdullah of Saudi Arabia were not protected by the deliberative process privilege because they contained no deliberations. Moss rejected the claim, noting that "the deliberative process privilege is designed to protect the 'open and frank discussion' of proposals within the government regardless of how a proposal or suggestion is offered. When a government employee or official prepares a draft letter �" or speech, brief, or guidance document �" for an intermediary or ultimate decisionmaker's consideration, she is offering a proposal for consideration, just as she would do in drafting an options memo or in participating in a group discussion." However, Moss agreed with Canning that there was insufficient evidence to determine whether several drafts of the letter were deliberative. He pointed out that "to be sure, none of the documents bear the President's signature, and none is printed in final form on presidential stationary. If all that remained to be done, however, was to print and sign the letter �" and if, in fact, any of the three documents is identical in substance to the letter sent to King Abdullah �" it is difficult to discern how that documents reflects anything that is 'pre- decisional.'" SAE Productions had challenged the application of Exemption 5 broadly. However, Moss found that the deliberative process privilege applied to all the documents SAE Productions had questioned.
Issues: Exemption 1 - Properly classified, Adequacy - Search

FOIA Project Annotation: Judge Randolph Moss has resolved the last two remaining issues left in litigation brought by George Canning for records relating to a 2010 memorandum from President Obama to his foreign policy advisors, entitled Presidential Study Directive 11, and records concerning the Muslim Brotherhood. In his previous opinion, Moss had found that the State Department had not explained why records were reclassified after Canning's FOIA request had been received, and whether drafts of a letter from Obama to King Abdullah of Saudi Arabia were protected by Exemption 5 (deliberative process privilege) or whether they constituted the final version of the letter. This time, however, Moss agreed that the agency had sufficiently explained why the records were exempt. Canning's argument on the reclassification issue was that under the agency's classification regulations the Under Secretary of Management was required to authorize any reclassification decision and that appeared here not to have been the case. But Moss observed that "the Department has now submitted a declaration attesting that, during the relevant timeframe, 'the Department had no Under Secretary for Management' and that the 'Deputy Under Secretary for Management exercised all of the authorities of that office "pursuant to a delegation of authority."'" Moss indicated that "at this issue is no longer in dispute â€" and thus the Court has no occasion to pass on the adequacy of the delegation of this authority to the Deputy Under Secretary under the circumstances â€" the Court will grant summary judgment in favor of the State Department with respect to the Exemption 1 withholding." In his previous opinion, Moss had found that State had not adequately explained whether or not Obama had relied on the two Arabic translations of the draft letter in formulating any further response. Compounding the problem, State confessed that it had no record of whether or not Obama actually sent a letter to King Abdullah. Canning attacked the idea that Obama could have gotten much deliberative use of two letters in Arabic. Moss disagreed, noting that "disclosure of these drafts, which could easily be translated back into English, would undermine the interest in unfettered decisionmaking protected by the deliberative process privilege. . .Requiring disclosure of translations of otherwise privileged documents would undermine the ability of government officials to engage in frank discussions, no less than disclosure of the English-language version of the same documents." He added that "diplomatic communications are often nuanced, moreover, where minor changes between drafts can carry significant import and where those asked to prepare drafts for review by more senior officials may worry that disclosure of drafts not yet signed by the principal could have significant foreign affairs consequences. When dealing with a presidential communication with a foreign head of state, those concerns are at their zenith." Moss indicated that "because the Department does not know whether the letter was ever sent, and, if it was sent, the Department does not know whether the final version is identical to the drafts. Requiring disclosure based on the lack of knowledge would have the precise chilling effect on the 'uninhibited' exchange of views and recommendations that the deliberative process privilege is designed to protect."
Issues: Exemption 1 - Properly classified, Exemption 5 - Privileges - Deliberative process privilege - Predecisional, Exemption 5 - Privileges - Deliberative process privilege - Deliberative

Date Filed	Doc #	Docket Text
2013-06-04	1	COMPLAINT against UNITED STATES DEPARTMENT OF STATE ( Filing fee $ 400, receipt number 4616056837) filed by GEORGE CANNING, JEFFREY STEINBERG. (Attachments: # 1 Civil Cover Sheet)(zrc, ) (Entered: 06/05/2013)
2013-06-04		SUMMONS (3) Issued as to UNITED STATES DEPARTMENT OF STATE, U.S. Attorney and U.S. Attorney General. (zrc, ) (Entered: 06/05/2013)
2013-06-24	2	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 6/12/2013. ( Answer due for ALL FEDERAL DEFENDANTS by 7/12/2013.), RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 06/12/2013., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES DEPARTMENT OF STATE served on 6/12/2013 (jf, ) (Entered: 06/26/2013)
2013-07-12	3	NOTICE of Appearance by Kyle Renee Freeny on behalf of UNITED STATES DEPARTMENT OF STATE (Freeny, Kyle) (Entered: 07/12/2013)
2013-07-12	4	ANSWER to 1 Complaint by UNITED STATES DEPARTMENT OF STATE.(Freeny, Kyle) (Entered: 07/12/2013)
2013-07-12		MINUTE ORDER directing the parties to file a joint status report, including a recommendation for further proceedings, by no later than August 12, 2013. In the event that counsel are unable to agree on a joint recommendation, each party shall file an individual recommendation by that time. Signed by Judge Emmet G. Sullivan on July 12, 2013. (lcegs4) (Entered: 07/12/2013)
2013-07-12		Set/Reset Deadlines: Joint Status Report due by 8/12/2013 (clv, ) (Entered: 07/12/2013)
2013-07-12		NOTICE: Minute Order entered 7/12/13 was mailed to GEORGE CANNING, JEFFREY STEINBERG at the address of Court Record. (clv, ) (Entered: 07/12/2013)
2013-07-31	5	NOTICE of Change of Address by GEORGE CANNING, JEFFREY STEINBERG (jf, ) (Entered: 08/01/2013)
2013-08-12	6	STATUS REPORT (Joint) by UNITED STATES DEPARTMENT OF STATE. (Freeny, Kyle) (Entered: 08/12/2013)
2013-08-13		MINUTE ORDER. In light of the parties' 6 joint status report, in which the parties state that they are continuing to search for responsive records and to discuss narrowing the scope of certain requests, it is hereby ordered that the parties shall file a joint status report, including a recommendation for further proceedings, by no later than August 30, 2013. Signed by Judge Emmet G. Sullivan on August 13, 2013. (lcegs4) (Entered: 08/13/2013)
2013-08-15		Set/Reset Deadlines: Joint Status Report due by 8/30/2013. (mac) (Entered: 08/15/2013)
2013-08-30	7	STATUS REPORT (Joint) by UNITED STATES DEPARTMENT OF STATE. (Freeny, Kyle) (Entered: 08/30/2013)
2013-08-30		MINUTE ORDER. In light of the parties' 7 joint status report, in which the parties state that they are continuing to search for responsive records and to discuss narrowing the scope of certain requests, it is hereby ordered that the parties file a joint status report, including a recommendation for further proceedings, by no later than September 20, 2013. In the event that counsel are unable to agree on a joint recommendation, each party shall file an individual recommendation by that time. Signed by Judge Emmet G. Sullivan on August 30, 2013. (lcegs2) (Entered: 08/30/2013)
2013-09-03		Set/Reset Deadlines: Status Report due by 9/20/2013. (mac) (Entered: 09/03/2013)
2013-09-20	8	STATUS REPORT (Joint) by UNITED STATES DEPARTMENT OF STATE. (Freeny, Kyle) (Entered: 09/20/2013)
2013-09-24		MINUTE ORDER. In view of the parties' 8 joint status report, in which they state that they are continuing to narrow the issues and that the government is searching for responsive records, it is hereby ordered that the parties file a joint status report, including a recommendation for further proceedings, by no later than October 18, 2013. In the event that counsel are unable to agree on a joint recommendation, each party shall file an individual recommendation by that time. Signed by Judge Emmet G. Sullivan on September 24, 2013. (lcegs4) (Entered: 09/24/2013)
2013-10-18	9	STATUS REPORT (Joint) by UNITED STATES DEPARTMENT OF STATE. (Freeny, Kyle) (Entered: 10/18/2013)
2013-10-22		MINUTE ORDER. In view of the parties' 9 joint status report, in which they state that they are continuing to narrow the issues and that the government is searching for responsive records, it is hereby ordered that the parties file a joint status report, including a recommendation for further proceedings, by no later than December 6, 2013. In the event that counsel are unable to agree on a joint recommendation, each party shall file an individual recommendation by that time. Signed by Judge Emmet G. Sullivan on October 22, 2013. (lcegs4) (Entered: 10/22/2013)
2013-10-23		Set/Reset Deadlines: Individual Recommendation or Status Report due by 12/6/2013. (mac) (Entered: 10/23/2013)
2013-10-23		NOTICE: Minute Order dated 10/22/13 mailed to GEORGE CANNING and JEFFREY STEINBERG at court's address of record. (mac) (Entered: 10/23/2013)
2013-12-06	10	STATUS REPORT by UNITED STATES DEPARTMENT OF STATE. (Freeny, Kyle) (Entered: 12/06/2013)
2013-12-09	11	CERTIFICATE OF SERVICE by UNITED STATES DEPARTMENT OF STATE re 10 Status Report . (Freeny, Kyle) (Entered: 12/09/2013)
2013-12-11		MINUTE ORDER. In view of the parties' 10 joint status report, in which they state that they are continuing to narrow the issues and that the government is searching for responsive records, it is hereby ordered that the parties file a joint status report, including a recommendation for further proceedings, by no later than January 10, 2014. In the event that counsel are unable to agree on a joint recommendation, each party shall file an individual recommendation by that time. Signed by Judge Emmet G. Sullivan on December 11, 2013. (lcegs4) (Entered: 12/11/2013)
2013-12-11		Set/Reset Deadlines: Individual Recommendation or Joint Status Report due by 1/10/2014. (mac) (Entered: 12/11/2013)
2014-01-10	12	STATUS REPORT (Filed Jointly) by UNITED STATES DEPARTMENT OF STATE. (Freeny, Kyle) (Entered: 01/10/2014)
2014-01-13		MINUTE ORDER. In view of the parties' 12 joint status report, in which they state that the government is continuing to search for responsive records, it is hereby ordered that the parties file a joint status report, including a recommendation for further proceedings, by no later than February 21, 2014. In the event that counsel are unable to agree on a joint recommendation, each party shall file an individual recommendation by that time. Signed by Judge Emmet G. Sullivan on Janaury 13, 2014. (lcegs4) (Entered: 01/13/2014)
2014-01-13		Set/Reset Deadlines: Status Report or Individual Recommendation due by 2/21/2014. (mac) (Entered: 01/13/2014)
2014-01-13		NOTICE: Minute Order dated 1/13/14 mailed to GEORGE CANNING and JEFFREY STEINBERG. (mac) (Entered: 01/13/2014)
2014-02-21	13	STATUS REPORT (Joint) by UNITED STATES DEPARTMENT OF STATE. (Freeny, Kyle) (Entered: 02/21/2014)
2014-02-21		MINUTE ORDER. In view of the parties' 13 joint status report, in which they state that the government is continuing to search for responsive records, it is hereby ordered that the parties file a joint status report, including a recommendation for further proceedings, by no later than March 14, 2014. In the event that counsel are unable to agree on a joint recommendation, each party shall file an individual recommendation by that time. Signed by Judge Emmet G. Sullivan on February 21, 2014. (lcegs4) (Entered: 02/21/2014)
2014-02-23		Set/Reset Deadlines: Individual Recommendation of Joint Status Report due by 3/14/2014. (mac) (Entered: 02/23/2014)
2014-02-23		NOTICE: Minute Order dated 2/21/14 mailed to GEORGE CANNING and JEFFREY STEINBERG at court's address of record. (mac) (Entered: 02/23/2014)
2014-03-14	14	STATUS REPORT (Filed Jointly) by UNITED STATES DEPARTMENT OF STATE. (Freeny, Kyle) (Entered: 03/14/2014)
2014-03-14	15	CERTIFICATE OF SERVICE by UNITED STATES DEPARTMENT OF STATE re 14 Status Report . (Freeny, Kyle) (Entered: 03/14/2014)
2014-03-21		MINUTE ORDER. In view of the parties' 14 joint status report, in which they state that the government is continuing to search for responsive records, it is hereby ordered that the parties file a joint status report, including a recommendation for further proceedings, by no later than June 6, 2014. In the event that counsel are unable to agree on a joint recommendation, each party shall file an individual recommendation by that time. Signed by Judge Emmet G. Sullivan on March 21, 2014. (lcegs4) (Entered: 03/21/2014)
2014-03-21		Set/Reset Deadlines: Joint Status Report due by 6/6/2014. (mac) (Entered: 03/21/2014)
2014-03-21		NOTICE: Minute Order dated 3/21/14 mailed to GEORGE CANNING and JEFFREY STEINBERG at court's address of record. (mac) (Entered: 03/21/2014)
2014-06-06	16	STATUS REPORT (Filed Jointly) by UNITED STATES DEPARTMENT OF STATE. (Attachments: # 1 Text of Proposed Order)(Freeny, Kyle) (Entered: 06/06/2014)
2014-06-12		MINUTE ORDER adopting the joint proposal for further proceedings set forth in 16 the parties' joint status report. By no later than August 8, 2014, the defendant shall file its Motion for Summary Judgment and Vaughn Index for Counts I-III of plaintiffs' complaint. Plaintiffs shall file their opposition and cross motion for summary judgment, if any, by no later than September 15, 2014. Defendant shall file its reply in support of its motion for summary judgment and combined opposition to plaintiffs' cross motion, if any, by no later than October 14, 2014. Plaintiffs shall file their reply in support of any cross motion by no later than November 7, 2014. The parties shall file a joint status report, including recommendations for further proceedings, regarding Count IV by no later than December 5, 2014. Signed by Judge Emmet G. Sullivan on June 12, 2014. (lcegs4) (Entered: 06/12/2014)
2014-06-12		Set/Reset Deadlines: Defendant Motion For Summary Judgment And Vaughn Index due by 8/8/2014. Plaintiff's Opposition And Cross Motion For Summary Judgment due by 9/15/2014. Defendant Reply In Support Of Motion For Summary Judgment And Combined Opposition To Plaintiff's Cross Motion due by 10/14/2014. Plaintiff's Reply In Support Of Any Cross Motion due by 11/07/2014. Joint Status Report due by 12/05/2014. (mac) (Entered: 06/12/2014)
2014-06-12		NOTICE: Minute Order dated 6/12/14 mailed to GEORGE CANNING and JEFFREY STEINBERG at court's address of record. (mac) (Entered: 06/12/2014)
2014-08-01	17	Unopposed MOTION for Extension of Time to File Motion for Summary Judgment by UNITED STATES DEPARTMENT OF STATE (Attachments: # 1 Text of Proposed Order)(Freeny, Kyle) (Entered: 08/01/2014)
2014-08-05		MINUTE ORDER granting 17 defendant's unopposed motion for extension of time to file its motion for summary judgment. By no later than August 27, 2014, the defendant shall file its motion for summary judgment and Vaughn index for Counts I-III of plaintiffs' complaint. Plaintiffs shall file their opposition and cross motion for summary judgment, if any, by no later than October 6, 2014. Defendant shall file its reply in support of its motion for summary judgment and combined opposition to plaintiffs' cross motion, if any, by no later than November 4, 2014. Plaintiffs shall file their reply in support of any cross motion by no later than December 1, 2014. The parties shall file a joint status report, including recommendations for further proceedings, regarding Count IV by no later than December 22, 2014. Signed by Judge Emmet G. Sullivan on August 5, 2014. (lcegs7) (Entered: 08/05/2014)
2014-08-06		Set/Reset Deadlines: Defendant's Motion for Summary Judgment due by 8/27/2014. Plaintiff's Opposition and Cross Motion for Summary Judgment due by 10/6/2014. Defendant shall file its reply in support of its motion for summary judgment and combined opposition to plaintiffs' cross motion due by 11/4/2014. Plaintiffs shall file their reply in support of any cross motion due by 12/1/2014. Joint Status Report due by 12/22/2014 (tcr) (Entered: 08/06/2014)
2014-08-25	18	Unopposed MOTION for Extension of Time to File Motion for Summary Judgment by UNITED STATES DEPARTMENT OF STATE (Attachments: # 1 Text of Proposed Order)(Freeny, Kyle) (Entered: 08/25/2014)
2014-08-27		MINUTE ORDER granting 18 defendant's unopposed second motion for extension of time to file its motion for summary judgment. By no later than August 28, 2014, the defendant shall file its motion for summary judgment and Vaughn index for Counts I-III of plaintiffs' complaint. Plaintiffs shall file their opposition and cross motion for summary judgment, if any, by no later than October 7, 2014. Defendant shall file its reply in support of its motion for summary judgment and combined opposition to plaintiffs' cross motion, if any, by no later than November 4, 2014. Plaintiffs shall file their reply in support of any cross motion by no later than December 1, 2014. The parties shall file a joint status report, including recommendations for further proceedings, regarding Count IV by no later than December 22, 2014. Signed by Judge Emmet G. Sullivan on August 27, 2014. (lcegs7) (Entered: 08/27/2014)
2014-08-27		Set/Reset Deadlines: Defendant Motion For Summary Judgment due by 8/28/2014. Defendant Vaughn Index For Counts 1-111 Of Plaintiff's Complaint due by 8/28/2014. Plaintiff Opposition And Cross Motion For Summary Judgment due by 10/7/2014. Defendant Reply In Support Of Motion For Summary Judgement And Combined Opposition To Plaintiffs Cross Motion due by 11/42014. Plaintiff Reply In Support Of Cross Motion due by 12/1/2014. Joint Status Report due by 12/22/2014. (mac) (Entered: 08/27/2014)
2014-08-27		NOTICE: Minute Order dated 8/27/14 mailed to GEORGE CANNING and JEFFREY STEINBERG at court's address of record. (mac) (Entered: 08/27/2014)
2014-08-28	19	MOTION for Partial Summary Judgment by UNITED STATES DEPARTMENT OF STATE (Attachments: # 1 Affidavit Declaration of David Sanborn, # 2 Affidavit Declaration of John F. Hackett, # 3 Exhibit Exhibits to Hackett Declaration, # 4 Statement of Facts, # 5 Text of Proposed Order, # 6 Certificate of Service)(Freeny, Kyle) (Entered: 08/28/2014)
2014-09-30	20	ORDER directing plaintiffs to respond to 19 defendant's motion for summary judgment by no later than October 7, 2014. If plaintiffs do not respond by that date, the Court may treat the motion as conceded and grant defendant's motion for summary judgment. Plaintiffs are directed to read this Order in its entirety upon receipt. Signed by Judge Emmet G. Sullivan on September 30, 2014. (lcegs7) (Entered: 09/30/2014)
2014-10-01		Set/Reset Deadlines: Plaintiffs Response to Motion for Summary Judgment due by 10/7/2014. (mac) (Entered: 10/01/2014)
2014-10-01		NOTICE: 20 Order mailed to GEORGE CANNING and JEFFREY STEINBERG at court's address of record. (mac) (Entered: 10/01/2014)
2014-10-15	21	NOTICE of Filing by GEORGE CANNING, JEFFREY STEINBERG. "Let this be filed" signed by Judge Emmet G. Sullivan signed on 10/08/2014 (jf, ) (Entered: 10/15/2014)
2014-10-15	22	MOTION for in camera review by GEORGE CANNING, JEFFREY STEINBERG. "Let this be filed" signed by Judge Emmet G. Sullivan signed on 10/09/2014 (jf, ) (Entered: 10/15/2014)
2014-10-15	23	MOTION for Partial Summary Judgment by GEORGE CANNING, JEFFREY STEINBERG. "Let this be filed" signed by Judge Emmet G. Sullivan signed on 10/08/2014 (Attachments: # 1 Declaration First, # 2 Declaration Second)(jf, ) (Entered: 10/15/2014)
2014-10-23	24	Unopposed MOTION for Extension of Time to File Response/Reply as to 22 MOTION for in camera review. "Let this be filed" signed by Judge Emmet G. Sullivan signed on 10/08/2014, 19 MOTION for Partial Summary Judgment , 23 MOTION for Partial Summary Judgment by UNITED STATES DEPARTMENT OF STATE (Attachments: # 1 Text of Proposed Order, # 2 Certificate of Service)(Freeny, Kyle) (Entered: 10/23/2014)
2014-10-23		MINUTE ORDER granting 24 defendant's unopposed motion for extension of time to respond. The defendant's response to 22 plaintiffs' motion for in camera review and its combined reply in support of 19 motion for summary judgment and opposition to 23 plaintiffs' cross motion, shall be filed by no later than November 14, 2014. Plaintiffs' reply to 22 their motion for in camera review and their reply in support of 23 cross motion for summary judgment shall be filed by no later than December 11, 2014. The parties shall file a joint status report, including recommendations for further proceedings regarding Count IV, by no later than December 22, 2014. Signed by Judge Emmet G. Sullivan on October 23, 2014. (lcegs7) (Entered: 10/23/2014)
2014-10-24		Set/Reset Deadlines: Defendant's Response To Plaintiff's Motion For In Camera Review due by 11/14/201. Plaintiff's Reply To Their Motion For In Camera Review due by 12/11/2014. Joint Status Report due by 12/22/2014. (mac) (Entered: 10/24/2014)
2014-10-24		NOTICE: Minute Order dated 10/23/14 mailed to GEORGE CANNING and JEFFREY STEINBERG at court's address of record. (mac) (Entered: 10/24/2014)
2014-11-14	25	Memorandum in opposition to re 23 MOTION for Partial Summary Judgment and Reply in Support of Defendants' Motion for Partial Summary Judgment filed by UNITED STATES DEPARTMENT OF STATE. (Attachments: # 1 Declaration Second Declaration of John Hackett, # 2 Statement of Facts Response, # 3 Certificate of Service)(Freeny, Kyle) (Entered: 11/14/2014)
2014-11-14	26	Memorandum in opposition to re 22 MOTION for in camera review. "Let this be filed" signed by Judge Emmet G. Sullivan signed on 10/08/2014 filed by UNITED STATES DEPARTMENT OF STATE. (Freeny, Kyle) (Entered: 11/14/2014)
2014-11-19	27	Vaughn Index (Supplemental) . (Attachments: # 1 Declaration (Third) of John Hackett)(Freeny, Kyle) (Entered: 11/19/2014)
2014-11-20	28	CERTIFICATE OF SERVICE by UNITED STATES DEPARTMENT OF STATE re 27 Vaughn Index . (Freeny, Kyle) (Entered: 11/20/2014)
2014-11-21		Case randomly reassigned to Judge Randolph D. Moss. Judge Emmet G. Sullivan no longer assigned to the case. (gt, ) (Entered: 11/21/2014)
2014-12-11	29	MOTION for Extension of Time to File Response/Reply as to 22 MOTION for in camera review, 23 MOTION for Partial Summary Judgment by JEFFREY STEINBERG (Attachments: # 1 Text of Proposed Order)(rdj) (Entered: 12/12/2014)
2014-12-22	30	STATUS REPORT (filed jointly) by UNITED STATES DEPARTMENT OF STATE. (Freeny, Kyle) (Entered: 12/22/2014)
2014-12-22	32	REPLY to opposition to motion re 22 MOTION for in camera review. "Let this be filed" signed by Judge Emmet G. Sullivan signed on 10/08/2014 filed by GEORGE CANNING, JEFFREY STEINBERG. (Attachments: # 1 Certificate of Service)(rdj) (Entered: 12/24/2014)
2014-12-22	33	REPLY to opposition to motion re 23 MOTION for Partial Summary Judgment filed by GEORGE CANNING, JEFFREY STEINBERG. (Attachments: # 1 Certificate of Service)(rdj) (Entered: 12/24/2014)
2014-12-22	34	Memorandum in opposition to re 19 MOTION for Partial Summary Judgment filed by GEORGE CANNING, JEFFREY STEINBERG. (Attachments: # 1 Certificate of Service)(rdj) (Entered: 12/24/2014)
2014-12-22	35	Second MOTION for Partial Summary Judgment by GEORGE CANNING, JEFFREY STEINBERG (Attachments: # 1 Certificate of Service, # 2 Text of Proposed Order)(rdj) (Entered: 12/24/2014)
2014-12-22	36	Amended MOTION in camera review by GEORGE CANNING, JEFFREY STEINBERG (Attachments: # 1 Certificate of Service, # 2 Text of Proposed Order)(rdj) (Entered: 12/24/2014)
2014-12-23	31	CERTIFICATE OF SERVICE by UNITED STATES DEPARTMENT OF STATE re 30 Status Report . (Freeny, Kyle) (Entered: 12/23/2014)
2015-01-02	37	Unopposed MOTION for Extension of Time to File Response/Reply as to 35 MOTION for Partial Summary Judgment, 36 MOTION in camera review by UNITED STATES DEPARTMENT OF STATE (Attachments: # 1 Text of Proposed Order, # 2 Certificate of Service)(Freeny, Kyle) (Entered: 01/02/2015)
2015-01-23	38	Memorandum in opposition to re 35 MOTION for Partial Summary Judgment, 36 MOTION in camera review filed by UNITED STATES DEPARTMENT OF STATE. (Freeny, Kyle) (Entered: 01/23/2015)
2015-01-26		ENTERED IN ERROR.....NOTICE OF ERROR re 38 Memorandum in Opposition; emailed to kyle.freeny@usdoj.gov, cc'd 0 associated attorneys -- The PDF file you docketed contained errors: 1. Two-part docket entry, 2. Please refile document, 3. Counsel IS INSTRUCTED to docket the Motion as a separate entry. ACTION REQUIRED (zrdj, ) Modified on 1/26/2015 (rdj). (Entered: 01/26/2015)
2015-01-26		NOTICE OF CORRECTED DOCKET ENTRY: re Notice of QC, was entered in error; counsel DID NOT commit an error. NO ACTION NEEDED. (rdj) (Entered: 01/26/2015)
2015-01-27		MINUTE ORDER: Upon consideration of Plaintiff's Unopposed Motion for Extension of Time to File Response/Reply 29 , it is hereby ORDERED that the motion is granted and Plaintiff's replies to ECF Nos. 22 and 23 are DEEMED TIMELY FILED. Upon consideration of Defendant's Unopposed Motion for Extension of Time to File Response/Reply 37 , it is hereby ORDERED that the motion is granted, and Defendant's responses to ECF Nos. 35 and 36 are DEEMED TIMELY FILED. It is ORDERED that the next joint status report will be due on or before June 23, 2015, as proposed in the parties' December 22, 2014, joint status report 30 . Signed by Judge Randolph D. Moss on January 27, 2015. (lcrdm1, ) (Entered: 01/27/2015)
2015-01-27		Set/Reset Deadline: Joint Status Report due on or before 6/23/2015. (kt) (Entered: 01/27/2015)
2015-02-04	39	REPLY to opposition to motion re 35 MOTION for Partial Summary Judgment, 36 MOTION in camera review filed by GEORGE CANNING, JEFFREY STEINBERG. (rdj) (Entered: 02/05/2015)
2015-03-30	40	STATUS REPORT (Filed jointly) by UNITED STATES DEPARTMENT OF STATE. (Freeny, Kyle) (Entered: 03/30/2015)
2015-06-23	41	STATUS REPORT (Filed Jointly) by UNITED STATES DEPARTMENT OF STATE. (Attachments: # 1 Exhibit A)(Freeny, Kyle) (Entered: 06/23/2015)
2015-08-24	42	STATUS REPORT (Filed Jointly) by UNITED STATES DEPARTMENT OF STATE. (Freeny, Kyle) (Entered: 08/24/2015)
2015-09-03	43	NOTICE Regarding Motion for Designation of Coordinating Judge by UNITED STATES DEPARTMENT OF STATE (Attachments: # 1 Exhibit A - MOTION FOR DESIGNATION OF COORDINATING JUDGE)(Freeny, Kyle) (Entered: 09/03/2015)
2015-09-04	44	NOTICE of Court Order in Miscellaneous Case No. 15-1188 by UNITED STATES DEPARTMENT OF STATE re 43 Notice (Other) (Attachments: # 1 Exhibit A - ORDER IN MISCELLANEOUS CASE NUMBER 15-1188)(Freeny, Kyle) (Entered: 09/04/2015)
2015-09-04	45	Unopposed MOTION to Stay Pending Resolution of Motion for Designation of Coordinating Judge by UNITED STATES DEPARTMENT OF STATE (Attachments: # 1 Text of Proposed Order)(Freeny, Kyle) (Entered: 09/04/2015)
2015-09-16		MINUTE ORDER: The Court hereby ORDERS that a telephonic status conference is set for 1:00 p.m. on September 21, 2015, at which time the Courtroom Deputy, Ms. Kristin Thompson, will call the parties. Signed by Judge Randolph D. Moss on September 16, 2015. (lcrdm1, ) (Entered: 09/16/2015)
2015-09-16		Set/Reset Hearing: A Telephone Conference is set for 9/21/2015, at 1:00 PM, in Courtroom 21, before Judge Randolph D. Moss. (kt) (Entered: 09/16/2015)
2015-09-21		Minute Entry for proceedings held before Judge Randolph D. Moss: Telephone Conference held on 9/21/2015. Order forthcoming. (Court Reporter: Jeff Hook). (kt) (Entered: 09/21/2015)
2015-09-21		MINUTE ORDER: As discussed at today's status conference, it is hereby ORDERED that on or before November 20, 2015, the parties shall confer and file a joint status report addressing (1) the status of the production of documents responsive to the second portion of Plaintiffs' FOIA request; and (2) any updates with respect to the Department's search of emails from former Secretary Clinton and certain other former employees. Signed by Judge Randolph D. Moss on September 21, 2015. (lcrdm1, ) (Entered: 09/21/2015)
2015-09-21		Set/Reset Deadlines: On or before 11/20/2015, the parties shall confer and file a joint status report. (kt) (Entered: 09/21/2015)
2015-09-30	46	MEMORANDUM OPINION AND ORDER granting in part and denying in part Defendant's Motion for Partial Summary Judgment 19 ; granting in part and denying in part Plaintiffs' Motion for Partial Summary Judgment 23 ; denying Plaintiffs' Second Motion For Partial Summary Judgment 35 and Motions For In Camera Review 22 36 . Defendant is directed to supplement the record within 60 days. See document for details. Signed by Judge Randolph D. Moss on September 30, 2015. (lcrdm1, ) (Entered: 09/30/2015)
2015-10-13		MINUTE ORDER: In light of the denial of the Defendant's Motion for Designation of Coordination Judge (No. 1:15-mc-01188, Dkt. 41), the Defendant's Motion to Stay Pending Resolution of Motion for Designation of Coordination Judge 45 is DENIED as moot. Pursuant to the Court's order of September 21, 2015, it is ORDERED that on or before November 20, 2015, the parties shall confer and file a joint status report addressing (1) the status of the production of documents responsive to the second portion of Plaintiffs' FOIA request; and (2) any updates with respect to the Department's search of emails from former Secretary Clinton and certain other former employees. Pursuant to the Court's memorandum opinion and order filed on September 30, 2015 46 , it is further ORDERED that the Defendant may supplement the record with information addressing the issues identified in the memorandum opinion within 60 days of the date on which it was filed, i.e. November 29, 2015. Signed by Judge Randolph D. Moss on 10/13/2015. (lcrdm1, ) (Entered: 10/13/2015)
2015-10-13		Set/Reset Deadlines: On or before 11/20/2015, the parties shall confer and file a joint status report; The Defendant may supplement the record with information addressing the issues identified in the memorandum opinion within 60 days of the date on which it was filed, i.e. 11/29/2015. (kt) (Entered: 10/13/2015)
2015-11-20	47	Joint STATUS REPORT by UNITED STATES DEPARTMENT OF STATE. (Freeny, Kyle) (Entered: 11/20/2015)
2015-11-24	48	RESPONSE TO ORDER OF THE COURT re 46 Order on Motion for Partial Summary Judgment, Order on Motion for Miscellaneous Relief,,,,,,,, filed by UNITED STATES DEPARTMENT OF STATE. (Attachments: # 1 Affidavit Declaration of Margaret P. Grafeld)(Freeny, Kyle) (Entered: 11/24/2015)
2015-11-30		MINUTE ORDER: Upon consideration of the parties' Joint Status Report 47 , it is hereby ORDERED that the parties shall file a joint status report on or before March 21, 2016, apprising the Court of their continued progress in this case and proposing any further proceedings. Signed by Judge Randolph D. Moss on 11/30/2015. (lcrdm3, ) (Entered: 11/30/2015)
2015-11-30		ENTERED IN ERROR.....MINUTE ORDER: Upon consideration of the parties' Joint Status Report 11 , it is hereby ORDERED that Defendant Department of State shall complete its production of documents responsive to Plaintiff's FOIA request on or before January 20, 2016. It is further ORDERED that the parties shall submit a joint status report apprising the Court of the status of production and identifying any further issues remaining in the case on or before February 5, 2015. Signed by Judge Randolph D. Moss on 11/30/2015. (lcrdm3, ) Modified on 11/30/2015,Minute Order entered in wrong case (kt). (Entered: 11/30/2015)
2015-11-30		Set/Reset Deadline: The parties shall file a joint status report on or before 3/21/2016. (kt) (Entered: 11/30/2015)
2015-12-07	49	RESPONSE TO ORDER OF THE COURT re 46 Order on Motion for Partial Summary Judgment, Order on Motion for Miscellaneous Relief filed by GEORGE CANNING, JEFFREY STEINBERG. (zrdj) (Entered: 12/08/2015)
2015-12-10	50	Unopposed MOTION for Extension of Time to File Response/Reply to Plaintiffs' Memorandum in Further Opposition to Defendants Motion for Partial Summary Judgment by UNITED STATES DEPARTMENT OF STATE (Freeny, Kyle) (Entered: 12/10/2015)
2015-12-10		MINUTE ORDER: Upon consideration of Defendant's unopposed Motion for Extension of Time 50 , it is hereby ORDERED that the motion is GRANTED. Defendant shall respond to Plaintiff's Memorandum in Further Opposition to Defendant's Motion for Partial Summary Judgment 49 on or before January 8, 2016. Signed by Judge Randolph D. Moss on 12/10/2015. (lcrdm3, ) (Entered: 12/10/2015)
2015-12-11		Set/Reset Deadline: Defendant shall respond to Plaintiff's Memorandum in Further Opposition to Defendant's Motion for Partial Summary Judgment 49 on or before 1/8/2016. (kt) (Entered: 12/11/2015)
2016-01-08	51	RESPONSE to Plaintiffs' Memorandum in Further Opposition to Defendants Motion for Partial Summary Judgment filed by UNITED STATES DEPARTMENT OF STATE. (Freeny, Kyle) (Entered: 01/08/2016)
2016-02-17	52	NOTICE OF SUBSTITUTION OF COUNSEL by Rohit Dwarka Nath on behalf of UNITED STATES DEPARTMENT OF STATE Substituting for attorney Kyle R. Freeny (Nath, Rohit) (Entered: 02/17/2016)
2016-03-21	53	Joint STATUS REPORT by UNITED STATES DEPARTMENT OF STATE. (Nath, Rohit) (Entered: 03/21/2016)
2016-03-22		MINUTE ORDER: Upon consideration of the Joint Status Report 53 , it is hereby ORDERED that the parties shall file a further joint status report on or before July 25, 2016. Further briefing in this case is stayed pending that status report, which shall included a proposed schedule, if necessary, to govern further proceedings in this case. Signed by Judge Randolph D. Moss on 3/22/2016. (lcrdm1, ) (Entered: 03/22/2016)
2016-03-22		Set/Reset Deadline: The parties shall file a further joint status report on or before 7/25/2016. (kt) (Entered: 03/22/2016)
2016-05-03	54	NOTICE OF SUBSTITUTION OF COUNSEL by James O. Bickford on behalf of UNITED STATES DEPARTMENT OF STATE Substituting for attorney Rohit D. Nath (Bickford, James) (Entered: 05/03/2016)
2016-07-25	55	Joint STATUS REPORT by UNITED STATES DEPARTMENT OF STATE. (Bickford, James) (Entered: 07/25/2016)
2016-07-26		MINUTE ORDER: Upon consideration of the Joint Status Report 55 , it is hereby ORDERED that the parties shall file a further joint status report on or before August 8, 2016. Further briefing in this case is stayed pending that status report, which shall included a proposed schedule, if necessary, to govern further proceedings in this case. Signed by Judge Randolph D. Moss on 7/26/2016. (lcrdm1, ) (Entered: 07/26/2016)
2016-07-26		Set/Reset Deadlines: Parties shall file a further joint status report on or before 8/8/2016. (kt) (Entered: 07/26/2016)
2016-08-08	56	Joint STATUS REPORT by UNITED STATES DEPARTMENT OF STATE. (Bickford, James) (Entered: 08/08/2016)
2016-08-09		MINUTE ORDER: Upon consideration of the Joint Status Report 56 , it is hereby ORDERED that the parties shall file a further joint status report on or before August 29, 2016. Further briefing in this case is stayed pending that status report, which shall include a proposed schedule, if necessary, to govern further proceedings in this case. Signed by Judge Randolph D. Moss on 8/9/2016. (lcrdm1, ) (Entered: 08/09/2016)
2016-08-10		Set/Reset Deadlines: The parties shall file a further joint status report on or before 8/29/2016. (kt) (Entered: 08/10/2016)
2016-08-29	57	Joint STATUS REPORT by UNITED STATES DEPARTMENT OF STATE. (Bickford, James) (Entered: 08/29/2016)
2016-08-30		MINUTE ORDER: Upon consideration of the Joint Status Report 57 , it is hereby ORDERED that the parties shall file a further joint status report on or before September 29, 2016. Further briefing in this case is stayed pending that status report, which shall include a proposed schedule, if necessary, to govern further proceedings in this case. Signed by Judge Randolph D. Moss on 8/30/2016. (lcrdm1, ) (Entered: 08/30/2016)
2016-08-30		Set/Reset Deadlines: The parties shall file a further joint status report on or before 9/29/2016. (kt) (Entered: 08/30/2016)
2016-09-30	58	Joint STATUS REPORT by UNITED STATES DEPARTMENT OF STATE. (Bickford, James) (Entered: 09/30/2016)
2016-10-03		MINUTE ORDER: Upon consideration of the Joint Status Report 58 , it is hereby ORDERED that the parties shall file a further joint status report on or before October 28, 2016. Further briefing in this case is stayed pending that status report, which shall include a proposed schedule, if necessary, to govern further proceedings in this case. Signed by Judge Randolph D. Moss on 10/3/2016. (lcrdm1, ) (Entered: 10/03/2016)
2016-10-03		Set/Reset Deadlines: The parties shall file a further joint status report on or before 10/28/2016. (kt) (Entered: 10/03/2016)
2016-10-28	59	Joint STATUS REPORT by UNITED STATES DEPARTMENT OF STATE. (Bickford, James) (Entered: 10/28/2016)
2016-10-30		MINUTE ORDER: Upon consideration of the Joint Status Report 59 , it is hereby ORDERED that the parties shall file a further joint status report on or before December 2, 2016. Further briefing in this case is stayed pending that status report, which shall include a proposed schedule, if necessary, to govern further proceedings in this case. Signed by Judge Randolph D. Moss on 10/30/2016. (lcrdm1, ) (Entered: 10/30/2016)
2016-10-31		Set/Reset Deadlines: The parties shall file a further joint status report on or before 12/2/2016. (kt) (Entered: 10/31/2016)
2016-12-02	60	Joint STATUS REPORT by UNITED STATES DEPARTMENT OF STATE. (Bickford, James) (Entered: 12/02/2016)
2016-12-03		MINUTE ORDER: Upon consideration of the Joint Status Report 60 , it is hereby ORDERED that the parties shall file a further joint status report on or before January 6, 2017. Further briefing in this case is stayed pending that status report, which shall include a proposed schedule, if necessary, to govern further proceedings in this case. Signed by Judge Randolph D. Moss on 12/3/2016. (lcrdm1, ) Modified on 12/5/2016 to add "Minute Order" in front of entry (kt). (Entered: 12/03/2016)
2016-12-05		Set/Reset Deadlines: The parties shall file a further joint status report on or before 1/6/2017. (kt) (Entered: 12/05/2016)
2017-01-06	61	Joint STATUS REPORT by UNITED STATES DEPARTMENT OF STATE. (Bickford, James) (Entered: 01/06/2017)
2017-01-06		MINUTE ORDER: Upon consideration of the Joint Status Report 61 , it is hereby ORDERED that the parties shall file a further joint status report on or before February 10, 2017. Further briefing in this case is stayed pending that status report, which shall include a proposed schedule, if necessary, to govern further proceedings in this case. Signed by Judge Randolph D. Moss on 1/6/2017. (lcrdm1, ) (Entered: 01/06/2017)
2017-01-09		Set/Reset Deadlines: The parties shall file a further joint status report on or before 2/10/2017. (kt) (Entered: 01/09/2017)
2017-02-10	62	Joint STATUS REPORT by UNITED STATES DEPARTMENT OF STATE. (Bickford, James) (Entered: 02/10/2017)
2017-02-13		MINUTE ORDER: Upon consideration of the Joint Status Report 62 , it is hereby ORDERED that the parties shall file a further joint status report on or before March 10, 2017. Further briefing in this case is stayed pending that status report, which shall include a proposed schedule, if necessary, to govern further proceedings in this case. Signed by Judge Randolph D. Moss on 2/13/2017. (lcrdm1, ) (Entered: 02/13/2017)
2017-02-13		Set/Reset Deadlines: The parties shall file a further joint status report on or before 3/10/2017. (kt) (Entered: 02/13/2017)
2017-03-10	63	Joint STATUS REPORT by UNITED STATES DEPARTMENT OF STATE. (Bickford, James) (Entered: 03/10/2017)
2017-03-13		MINUTE ORDER: Upon consideration of the Joint Status Report 63 , it is hereby ORDERED that the parties shall file a further joint status report on or before April 28, 2017. Further briefing in this case is stayed pending that status report, which shall include a proposed schedule, if necessary, to govern further proceedings in this case. Signed by Judge Randolph D. Moss on 3/13/2017. (lcrdm1, ) (Entered: 03/13/2017)
2017-03-13		Set/Reset Deadlines: The parties shall file a further joint status report on or before 4/28/2017. (kt) (Entered: 03/13/2017)
2017-04-28	64	Joint STATUS REPORT by UNITED STATES DEPARTMENT OF STATE. (Bickford, James) (Entered: 04/28/2017)
2017-05-01		MINUTE ORDER: Upon consideration of the Joint Status Report 64 , it is hereby ORDERED that the parties shall file a further joint status report on or before May 31, 2017. The status report shall include a proposed schedule, if necessary, to govern further proceedings in this case. Signed by Judge Randolph D. Moss on 5/1/2017. (lcrdm1, ) (Entered: 05/01/2017)
2017-05-02		Set/Reset Deadlines: The parties shall file a further joint status report on or before 5/31/2017. (kt) (Entered: 05/02/2017)
2017-05-31	65	Joint STATUS REPORT by UNITED STATES DEPARTMENT OF STATE. (Bickford, James) (Entered: 05/31/2017)
2017-05-31		MINUTE ORDER: Upon consideration of the Joint Status Report 65 , the parties are hereby ORDERED to file a further joint status report on or before June 6, 2017. The status report shall include a proposed schedule governing further proceedings in this case. Signed by Judge Randolph D. Moss on 5/31/2017. (lcrdm1, ) (Entered: 05/31/2017)
2017-05-31		Set/Reset Deadlines: Joint Status Report due by 6/6/2017. (kt) (Entered: 05/31/2017)
2017-06-06	66	Joint STATUS REPORT by UNITED STATES DEPARTMENT OF STATE. (Bickford, James) (Entered: 06/06/2017)
2017-06-06		MINUTE ORDER: Upon consideration of the Joint Status Report 66 , it is hereby ORDERED that parties comply with the following briefing schedule: Defendant's motion for summary judgment shall be filed on or before September 29, 2017; Plaintiffs' opposition and cross-motion for summary judgment shall be filed on or before November 3, 2017; Defendant's opposition and reply shall be filed on or before December 1, 2017; and Plaintiffs' reply shall be filed on or before December 15, 2017. Signed by Judge Randolph D. Moss on 6/6/2017. (lcrdm1, ) (Entered: 06/06/2017)
2017-06-07		Set/Reset Deadlines: Defendant's motion for summary judgment due on or before 9/29/2017; Plaintiffs' opposition and cross-motion for summary judgment due on or before 11/3/2017; Defendant's opposition and reply due on or before 12/1/2017; Plaintiffs' reply due on or before 12/15/2017. (kt) (Entered: 06/07/2017)
2017-06-23	67	MOTION to Consolidate Cases by UNITED STATES DEPARTMENT OF STATE (Attachments: # 1 Certificate of Service)(Bickford, James) (Entered: 06/23/2017)
2017-07-13	68	ORDER: Upon consideration of Defendant's Motion to Consolidate 67 , the motion is hereby GRANTED. The Court hereby ORDERS that SAE Prods., Inc. v. U.S. Dep't of State, 15-cv-1245, be consolidated with Canning, et al. v. U.S. Dep't of State, 13-cv-831. See Fed. R. Civ. P. 42(a) (permitting the court to consolidate actions "involv[ing] a common question of law or fact"); Local Civ. R. 40.5(a)(3). The parties to these cases are directed to file all future documents in Canning, No. 13-cv-831, and the Clerk of Court is directed to close the docket in SAE, 15-cv-1245. The Court further ORDERS that the following briefing schedule, previously entered in both cases, remains in effect: Defendant's motion for summary judgment shall be filed on or before September 29, 2017; Plaintiffs' oppositions and cross-motions for summary judgment shall be filed on or before November 3, 2017; Defendant's opposition and reply shall be filed on or before December 1, 2017; and Plaintiffs' replies shall be filed on or before December 15, 2017. See document for details. Signed by Judge Randolph D. Moss on 7/13/2017. (lcrdm1, ) (Entered: 07/13/2017)
2017-07-13		CASE CONSOLIDATED. Case 15-cv-1245 has been consolidated with 13-cv-831 pursuant to a Court Order entered 07/13/17. From this date forward all pleadings shall be filed ONLY in the earlier case, Civil Action No. 13-cv-831. The parties are advised NOT to elect to SPREAD text when filing in ECF, as this will result in repetitive docketing and emails.(zrdj) (Entered: 07/14/2017)
2017-09-27	69	Consent MOTION for Extension of Time to File Motion for Summary Judgment by UNITED STATES DEPARTMENT OF STATE (Attachments: # 1 Text of Proposed Order)(Bickford, James) (Entered: 09/27/2017)
2017-09-27		MINUTE ORDER: Upon consideration of the Consent Motion for Extension of Time 69 , the motion is hereby GRANTED. The Court's Order setting forth the briefing schedule 68 is hereby AMENDED as follows: Defendant's motion for summary judgment shall be filed on or before October 13, 2017; Plaintiffs' oppositions to Defendant's motion for summary judgment and cross-motions for summary judgment shall be filed on or before November 17, 2017; Defendant's reply in support of its motion for summary judgment and opposition to Plaintiffs' cross-motions for summary judgment shall be filed on or before December 15, 2017; and Plaintiffs' replies in support of their cross-motions for summary judgment shall be filed on or before January 5, 2018. Signed by Judge Randolph D. Moss on 9/27/2017. (lcrdm3, ) (Entered: 09/27/2017)
2017-09-28		Set/Reset Deadlines: Defendant's motion for summary judgment shall be filed on or before 10/13/2017; Plaintiffs' oppositions to Defendant's motion for summary judgment and cross-motions for summary judgment shall be filed on or before 11/17/2017; Defendant's reply in support of its motion for summary judgment and opposition to Plaintiffs' cross-motions for summary judgment shall be filed on or before 12/15/2017; Plaintiffs' replies in support of their cross-motions for summary judgment shall be filed on or before 1/5/2018. (kt) (Entered: 09/28/2017)
2017-10-12	70	Consent MOTION for Extension of Time to File Motion for Summary Judgment by UNITED STATES DEPARTMENT OF STATE (Attachments: # 1 Text of Proposed Order)(Bickford, James) (Entered: 10/12/2017)
2017-10-13		MINUTE ORDER: Upon consideration of Defendant's Consent Motion for Extension of Time to File Motion for Summary Judgment 70 , it is hereby ORDERED that the motion is GRANTED. It is further ORDERED that Defendant's motion for summary judgment shall be filed on or before October 20, 2017; Plaintiffs' oppositions and cross-motions for summary judgment shall be filed on or before November 29, 2017; Defendant's opposition and reply shall be filed on or before December 22, 2017; and Plaintiffs' replies shall be filed on or before January 19, 2018. Signed by Judge Randolph D. Moss on 10/13/2017. (lcrdm1, ) (Entered: 10/13/2017)
2017-10-13		Set/Reset Deadlines: Defendant's Summary Judgment motion due by 10/20/2017. Response to Motion for Summary Judgment due by 11/29/2017. Reply to Motion for Summary Judgment due by 12/22/2017. Plaintiffs' Cross Motion due by 11/29/2017. Response to Cross Motion due by 12/22/2017. Reply to Cross Motion due by 1/19/2018. (dot) (Entered: 10/13/2017)
2017-10-16	71	NOTICE of Appearance by Joseph Evan Borson on behalf of UNITED STATES DEPARTMENT OF STATE (Borson, Joseph) (Entered: 10/16/2017)
2017-10-20	72	NOTICE of filing Declaration and Vaughn Index in Support of Def.'s Mot. Summ. J. by UNITED STATES DEPARTMENT OF STATE (Attachments: # 1 Declaration of Eric F. Stein, # 2 Exhibit Vaughn Index, # 3 Exhibit 2-5, # 4 Exhibit 6-31)(Borson, Joseph) (Entered: 10/20/2017)
2017-10-20	73	NOTICE of filing Declaration of David Hardy in Support of Def.'s Mot. Summ. J. by UNITED STATES DEPARTMENT OF STATE (Attachments: # 1 Declaration of David M. Hardy, # 2 Exhibit A)(Borson, Joseph) (Entered: 10/20/2017)
2017-10-21	74	MOTION for Summary Judgment by UNITED STATES DEPARTMENT OF STATE (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Text of Proposed Order)(Bickford, James) (Entered: 10/21/2017)
2017-10-23	75	ORDER: It is hereby ORDERED that Plaintiffs George Canning and Jeffrey Steinberg shall respond to Defendants Motion for Summary Judgment on or before November 29, 2017. If Plaintiffs do not file a response within the time provided, Plaintiffs may not have the opportunity to be heard on the motion and the Court may resolve the case based exclusively on Defendants submission. See document for details. Signed by Judge Randolph D. Moss on 10/23/2017. (lcrdm1, ) (Entered: 10/23/2017)
2017-10-23		Set/Reset Deadlines: Response to Motion for Summary Judgment due by 11/29/2017. (kt) (Entered: 10/23/2017)
2017-11-21	76	ERRATA re: Corrected Vaughn Index by UNITED STATES DEPARTMENT OF STATE 72 Notice (Other), filed by UNITED STATES DEPARTMENT OF STATE. (Attachments: # 1 Exhibit 1 - Corrected Department of State Vaughn Index)(Borson, Joseph) (Entered: 11/21/2017)
2017-11-27	78	NOTICE of Change of Address by JEFFREY STEINBERG (td) (Entered: 11/29/2017)
2017-11-29	77	Memorandum in opposition to re 74 MOTION for Summary Judgment filed by SAE PRODUCTIONS, INC.. (Attachments: # 1 Exhibit 1 - Moss Declaration, # 2 Statement of Facts Response, # 3 Text of Proposed Order)(Moss, Bradley) (Entered: 11/29/2017)
2017-12-01	79	Second MOTION for Partial Summary Judgment by GEORGE CANNING, JEFFREY STEINBERG (Attachments: # 1 Text of Proposed Order)(td) (Entered: 12/07/2017)
2017-12-01	80	Memorandum in opposition to re 19 MOTION for Partial Summary Judgment filed by GEORGE CANNING, JEFFREY STEINBERG. (Attachments: # 1 Declaration)(td) (Entered: 12/07/2017)
2017-12-22	81	REPLY to opposition to motion re 74 MOTION for Summary Judgment filed by UNITED STATES DEPARTMENT OF STATE. (Attachments: # 1 Declaration Second Stein Decl., # 2 Exhibit 1, # 3 Exhibit 2)(Borson, Joseph) (Entered: 12/22/2017)
2017-12-22	82	RESPONSE re 79 MOTION for Partial Summary Judgment filed by UNITED STATES DEPARTMENT OF STATE. (Attachments: # 1 Declaration Second Stein Decl., # 2 Exhibit 1, # 3 Exhibit 2)(Borson, Joseph) (Entered: 12/22/2017)
2018-02-15	83	SURREPLY to re 74 MOTION for Summary Judgment filed by GEORGE CANNING, JEFFREY STEINBERG. "LET IT BE FILED" by Judge Randolph D. Moss (td) (Entered: 02/23/2018)
2018-10-24	84	MEMORANDUM OPINION AND ORDER: Defendant's motion for summary judgment, Dkt. 74 , is hereby GRANTED in part and DENIED in part, and the Canning Plaintiffs' cross-motion for summary judgment, Dkt. 79 , is hereby DENIED. See document for details. Signed by Judge Randolph D. Moss on 10/24/2018. (lcrdm1, ) (Entered: 10/24/2018)
2018-12-26	85	NOTICE of Change of Address by GEORGE CANNING, JEFFREY STEINBERG (ztd) (Entered: 01/04/2019)
2019-07-12	86	MOTION for Partial Summary Judgment by GEORGE CANNING, JEFFREY STEINBERG (jf) (Entered: 07/15/2019)
2019-07-26	87	Consent MOTION for Extension of Time to File Response/Reply as to 86 MOTION for Partial Summary Judgment by UNITED STATES DEPARTMENT OF STATE (Attachments: # 1 Text of Proposed Order)(Bickford, James) (Entered: 07/26/2019)
2019-07-29		MINUTE ORDER: Upon consideration of Defendant's motion for extension of time, Dkt. 87 , it is hereby ORDERED that the motion is GRANTED. Defendant shall file its opposition to Plaintiffs motion for summary judgment on or before August 9, 2019. Signed by Judge Randolph D. Moss on 7/29/2019. (lcrdm1, ) (Entered: 07/29/2019)
2019-07-29		Set/Reset Deadlines: Defendant's opposition to Plaintiff's motion for summary judgment due by 8/9/2019. (hmc) (Entered: 07/29/2019)
2019-08-09	88	Cross MOTION for Summary Judgment by UNITED STATES DEPARTMENT OF STATE (Attachments: # 1 Memorandum in Support, # 2 3d Stein Declaration, # 3 Statement of Facts, # 4 Text of Proposed Order)(Bickford, James) (Entered: 08/09/2019)
2019-08-09	89	Memorandum in opposition to re 86 MOTION for Partial Summary Judgment filed by UNITED STATES DEPARTMENT OF STATE. (Attachments: # 1 3d Stein Declaration)(Bickford, James) (Entered: 08/09/2019)
2019-08-27	90	MOTION for Partial Summary Judgment by GEORGE CANNING, JEFFREY STEINBERG (Attachments: # 1 Text of Proposed Order)(ztd) (Entered: 08/29/2019)
2019-08-27	91	Memorandum in opposition to re 88 Cross MOTION for Summary Judgment filed by GEORGE CANNING, JEFFREY STEINBERG. (Attachments: # 1 Declaration)(ztd) (Entered: 08/29/2019)
2019-08-30	92	FOX/NEAL ORDER: It is hereby ORDERED that Plaintiffs may submit a supplemental response in opposition to Defendant's cross-motion for summary judgment, Dkt. 88, if necessary, or before September 13, 2019. See document for details. Signed by Judge Randolph D. Moss on 08/30/2019. (lcrdm2, ) (Entered: 08/30/2019)
2019-08-30		Set/Reset Deadlines: Plaintiffs' Supplemental Response in Opposition, if any, due by 9/13/2019. (kt) (Entered: 08/30/2019)
2019-08-30	93	Consent MOTION to Clarify Briefing Schedule by UNITED STATES DEPARTMENT OF STATE (Attachments: # 1 Text of Proposed Order)(Bickford, James) (Entered: 08/30/2019)
2019-08-30		MINUTE ORDER: Upon consideration of Defendant's consent motion to clarify the briefing schedule, Dkt. 93 , the motion is hereby GRANTED. Defendant may file a brief in support of its cross-motion for summary judgment on or before September 27, 2019. Signed by Judge Randolph D. Moss on 8/30/19. (lcrdm1, ) (Entered: 08/30/2019)
2019-08-30		Set/Reset Deadlines: Defendant may file a brief in support of its cross-motion for summary judgment on or before 9/27/2019. (kt) (Entered: 08/30/2019)
2019-09-27	94	REPLY to opposition to motion re 88 Cross MOTION for Summary Judgment filed by UNITED STATES DEPARTMENT OF STATE. (Bickford, James) (Entered: 09/27/2019)
2019-10-09	95	Memorandum in opposition to re 90 MOTION for Partial Summary Judgment filed by GEORGE CANNING, JEFFREY STEINBERG. (ztd) (Entered: 10/11/2019)
2020-01-22		MINUTE ORDER: The parties are hereby ORDERED to comply with the terms of the Court's revised standing order, which is available on the Court's website. Click for details. Signed by Judge Randolph D. Moss on 1/22/20. (lcrdm1) (Entered: 01/22/2020)
2020-01-30	96	NOTICE of Change of Address by GEORGE CANNING (ztd) (Entered: 01/31/2020)
2020-04-08	97	MEMORANDUM OPINION: The Court will GRANT Defendant's motion for summary judgment, Dkt. 88 , and will DENY Plaintiffs' motions for summary judgment, Dkt. 86 , Dkt. 90 . A separate order will issue. Signed by Judge Randolph D. Moss on 4/8/20. (lcrdm3, ) (Entered: 04/08/2020)
2020-04-08	98	ORDER: For the reasons stated in the accompanying memorandum opinion, Dkt. 97 , it is hereby ORDERED that Plaintiffs' motions for summary judgment, Dkt. 86 and Dkt. 90 , are DENIED; and it is further ORDERED that Defendant's motion for summary judgment, Dkt. 88 , is hereby GRANTED; and it is further ORDERED that this case is DISMISSED. The Clerk of the Court is directed to terminate the case. Signed by Judge Randolph D. Moss on 4/8/20. (lcrdm3, ) (Entered: 04/08/2020)
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