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Case TitleJUDICIAL WATCH, INC. v. DEPARTMENT OF STATE
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2014cv01242
Date Filed2014-07-21
Date Closed2024-02-13
JudgeJudge Royce C. Lamberth
PlaintiffJUDICIAL WATCH, INC.
PlaintiffJUSTIN COOPER
Case DescriptionJudicial Watch submitted a FOIA request to the Department of State concerning records related to the talking points used by U.N. Ambassador Susan Rice to discuss the attack on the U.S. compound in Benghazi. The agency acknowledged receipt of the request, but after hearing nothing further before the statutory time limit, Judicial Watch filed suit.
Complaint issues: Failure to respond within statutory time limit

DefendantNon-Party Respondent
Jacob Sullivan
Wilkinson Walsh + Eskovitz
2001 M St NW
10th Floor
Washington, DC 20036
DefendantNon-Party Respondent
JACOB SULLIVAN
DefendantNon-Party Respondent
BENJAMIN RHODES
DefendantNon-Party Respondent
ERIC BOSWELL
DefendantNon-Party Respondent
Heather Samuelson
Wilkinson Walsh + Eskovitz
2001 M St. NW
10th Floor
Washington, DC 20036
2028474000
DefendantNon-Party Respondent
HEATHER SAMUELSON
DefendantNon-Party Respondent
CHERYL MILLS
DefendantJUDICIAL WATCH, INC.
DefendantU.S. DEPARTMENT OF STATE
DefendantJUSTIN COOPER
DefendantHILLARY RODHAM CLINTON
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Opinion/Order [39]
FOIA Project Annotation: Judge Royce Lamberth has granted Judicial Watch discovery in its FOIA suit against the Department of State for records concerning former Secretary of State Hillary Clinton's emails. Indicating that whether or not the State Department acted in good faith in responding to requests for Clinton's email remained an open question, Lamberth noted that "plaintiff is certainly entitled to dispute the State Department's position that it has no obligation to produce these documents because it did not 'possess' or 'control' them at the time the FOIA request was made. The State Department's willingness to now search documents voluntarily turned over to the Department by Secretary Clinton and other officials hardly transforms such a search into an 'adequate' or 'reasonable' one. Plaintiff is not relying on 'speculation' or 'surmise' as the State Department claims. Plaintiff is relying on constantly shifting admissions by the Government and former government officials. Whether the State Department's actions will ultimately be determined by the Court to not be 'acting in good faith' remains to be seen at this time, but plaintiff is clearly entitled to discovery and a record before this Court rules on that issue." Lamberth acknowledged the burdens of discovery in the context of the multiple suits filed against the agency. He indicated that discovery orders in this case would be tied to similar discovery orders in another Judicial Watch case in which Judge Emmet Sullivan has granted the organization discovery.
Issues: Litigation - Discovery
Opinion/Order [54]
FOIA Project Annotation: Judge Royce Lamberth has granted Judicial Watch discovery to explore whether or not former Secretary of State Hillary Clinton purposefully tried to evade FOIA by using a private email server while she was Secretary. In response to Judicial Watch's 2014 request for records concerning talking points used by then UN Ambassador Susan Rice defending the Obama administration's response to the attack on the U.S. Embassy in Benghazi, Lamberth accused State of telling Judicial Watch that it had conducted an adequate search even though it then knew Clinton had turned over 55,000 pages of missing emails that were likely to contain responsive records. A few weeks later, State filed a status report in which it still failed to acknowledge the unsearched emails and instead suggested that the case could be settled. One month later, the agency filed another status report admitting that it needed to conduct a further search. Livid, Lamberth lambasted the agency, noting that "at best, State's attempt to pass-off its deficient search as legally adequate during settlement negotiations was negligence born out of incompetence. At worst, career employees in the State and Justice Departments colluded to scuttle public scrutiny of Clinton, skirt FOIA, and hoodwink this Court." The current DOJ attorneys told Lamberth that State's initial search was not misleading because the agency did not realize at the time that Clinton's emails were missing. Saying such explanations "strain credulity," Lamberth pointed out that "even before this recent chicanery, the Court found enough signs of government wrongdoing to justify discovery, including into whether Clinton used her private email to intentionally flout FOIA." Lamberth explained that he had waited until investigations by the State Department's Inspector General, the FBI, and the House Select Committee on Benghazi were concluded and indicated that he was now going to "order the parties to develop a discovery plan limited to three issues: whether Clinton used a private email to evade FOIA, whether State's attempts to settle the case despite knowing the inadequacy of its initial search constituted bad faith, and whether State's subsequent searches for responsive records have been adequate." Suggesting that "the government's response to [this] FOIA request smacks of outrageous misconduct," Lamberth noted that "the Court takes no pleasure questioning the intentions of the nation's most august executive departments. But it still remains unknown whether Clinton used a private email to duck FOIA requests." State argued that former FBI Director James Comey had told the House Select Committee on Benghazi that "our best information is [that] she set it up as a matter of convenience." Lamberth observed that "but that's not quite the full-throated refutation State makes it out to be. Rather, telling Congress �" under penalty of perjury �" what he couldn't say for sure was an understandably equivocal assessment of the evidence at the time. It was not a conclusive repudiation of what many people familiar with the Presidential Records Act have long wondered." Although he pointed to evidence that many people knew Clinton used a private email server, Lamberth was puzzled by the conclusion of State's Inspector General that "although dozens of department officials emailed Clinton's personal account, the employees responsible for FOIA compliance didn't know the account existed." Lamberth questioned State's attempt to justify its initial search as adequate by explaining that the agency believed it did not have an obligation to search records not in its possession. Lamberth indicated that "that admission is significant for two reasons: Factually, it implies State thought settling this case would absolve the Department of any duty to search Clinton's missing emails in response to this request. And legally, it is wrong. Though agencies need not retrospectively search records they failed to retain, agencies violate FOIA when they fail to search records an employee improperly secreted from the agency's control." Emphasizing the serious doubts that remained, Lamberth noted that "to preserve the Department's integrity, and to reassure the American people that their government remains committed to transparency and the rule of law, this suspicion cannot be allowed to fester." State argued that many of the questions posed by Lamberth had already been answered by subsequent disclosures of Clinton's emails. Lambeth disagreed, pointing out that "in fact, State even concedes it has yet to search emails [Cheryl] Mills, [Huma] Abedin, and [Jake] Sullivan turned over in August 2015. Moreover, the Court is unaware of any public information shedding light on State's attempts to settle this case in late 2014 and early 2015." He also disparaged Judge James Boasberg ruling in Judicial Watch v. Tillerson, 293 F. Supp. 3d 33 (D.D.C. 2017), finding that State had done everything required by the Federal Records Act in its attempt to recover Clinton's emails. In a footnote, Lamberth pointed out that "taking no position on the merits of that conclusion, the Court notes that the Federal Records Act employs a very different standard than FOIA, requiring agencies take only more-than-minimal action to remedy a federal record removal or destruction" and added that Boasberg's decision was currently on appeal to the D.C. Circuit.
Issues: Litigation - Discovery
Opinion/Order [119]
FOIA Project Annotation: In a case involving former Secretary of State Hillary Clinton's use of a private email server in which he had already granted Judicial Watch discovery, Judge Royce Lamberth has ruled that Judicial Watch has shown a need to know certain information that would otherwise be protected by the attorney work-product privilege, but has upheld State Department claims that other records are still protected by the attorney-client privilege. Lamberth's privilege ruling concerned 12 documents, six pertained to CREW's FOIA request for Clinton's emails and the other six pertained to Judicial Watch's FOIA request for the emails. Lamberth acknowledged that the attorney work-product privilege was quite broad, but explained that "the lone exception in this otherwise expansive privilege arises when the work-product contains discoverable facts (distinct from legal opinions) and the party seeking discovery demonstrates both a 'substantial need' for the factual information and an inability to collect the information or its 'substantial equivalent' without 'undue hardship.'" He indicated that he had authorized Judicial Watch to take discovery on three topics �"(1) whether Clinton had intentionally attempted to evade FOIA by using a private email account while Secretary of State, (2) whether State's efforts to settle this case in late 2014 and early 2015 amounted to bad faith, and (3) whether State adequately searched for records responsive to Judicial Watch's FOIA request. Lamberth found the factual exception to attorney work-product applied here, noting that "the law permits deeming the documents fact work-product since doing so will not affect State's position in this litigation. Additionally, construing these documents as fact work-product comports with the purpose of the work-product privilege: since 'there will be no trial in this case and the parties are not conducting discovery to prepare their case for trial,' society's general interest in revealing relevant facts outweighs any need to protect an attorney's private thoughts." Lamberth upheld most of State's attorney-client privilege claims. He rejected Judicial Watch's argument that State waived its privilege by sending an email to the general counsel at the National Archives and Records Administration. Instead, he noted that "courts in this district have extended attorney-client privilege to situations like this one, where counsel for one government agency asks for confidential legal advice from counsel for another government agency within the executive branch. That strikes this Court as the right approach here too, given the historic significance and singular importance of the attorney-client privilege, and the salutary effects of interagency cooperation within a unitary executive." In another instance, he found that emails sent by former State FOIA Officer Sheryl Walter to agency attorney Gene Smilansky were privileged because "she asks Smilansky a legal question; he summarizes relevant facts and recommends a particular action; she asks a follow-up; and he responds. Accordingly, these emails fall within attorney-client privilege." But he found an email response from attorney Karen Finnegan was not privileged, pointing out that "Finnegan volunteers factual information beyond what Walter needs to understand the legal issue" and added that Finnegan's email did not fall under the attorney work-product either. He pointed out that "it amounts to a factual observation about State's processing of CREW's request, not a legal impression, conclusion, opinion, or theory. And moreover, because the observation relates to when the Department learned about Clinton's missing emails, it sheds light on the central question of whether State attempted to settle this case in bad faith. Finnegan's email accordingly constitutes discoverable fact work-product since Judicial Watch can show a substantial need for the otherwise unobtainable information." But he rejected State's claim for an email that was carbon-copied to an agency attorney, indicating that "for the attorney-client privilege to apply, the attorney must play a role in the description of a legal problem or the dissemination of legal advice."
Issues: Litigation - Discovery, Exemption 5 - Privileges - Attorney work-product privilege, Exemption 5 - Privileges - Attorney-client privilege
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2014-07-211COMPLAINT against DEPARTMENT OF STATE ( Filing fee $ 400 receipt number 0090-3784779) filed by JUDICIAL WATCH, INC.. (Attachments: # 1 Civil Cover Sheet, # 2 Summons State Dept., # 3 Summons U.S. Attorney, # 4 Summons U.S. Attorney General)(Cotca, Ramona) (Entered: 07/21/2014)
2014-07-212LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by JUDICIAL WATCH, INC. (Cotca, Ramona) (Entered: 07/21/2014)
2014-07-21Case Assigned to Judge Royce C. Lamberth. (kb) (Entered: 07/22/2014)
2014-07-223SUMMONS (3) Issued Electronically as to DEPARTMENT OF STATE, U.S. Attorney and U.S. Attorney General. (Attachments: # 1 Consent Form, # 2 Notice of Consent)(kb) (Entered: 07/22/2014)
2014-08-084RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 7/28/2014. ( Answer due for ALL FEDERAL DEFENDANTS by 8/27/2014.), RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 8/06/2014., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. DEPARTMENT OF STATE served on 7/28/2014 (Attachments: # 1 Declaration of C. Rotaru)(Cotca, Ramona) (Entered: 08/08/2014)
2014-08-275NOTICE of Appearance by Robert J. Prince on behalf of DEPARTMENT OF STATE (Prince, Robert) (Entered: 08/27/2014)
2014-08-276ANSWER to Complaint by DEPARTMENT OF STATE. (Attachments: # 1 FOIA Request Letter)(Prince, Robert) (Entered: 08/27/2014)
2014-08-287ORDER requiring defendant to file dispositive motions with supporting materials within 30 days of this date, or such further date as the court may set upon proper motion. Signed by Judge Royce C. Lamberth on August 28, 2014. (lcrcl1) (Entered: 08/28/2014)
2014-09-128Unopposed MOTION for Scheduling Order by DEPARTMENT OF STATE (Attachments: # 1 Text of Proposed Order)(Prince, Robert) (Entered: 09/12/2014)
2014-09-159ORDER Granting 8 Motion to Vacate Deadline for Defendant to File Dispositive Motion and for Scheduling Order. (See Image for Details) Signed by Judge Royce C. Lamberth on 9/12/14. (mpt, ) (Entered: 09/15/2014)
2014-09-15Set/Reset Deadlines: Responsive Documents due by 11/12/2014; Vaughn Index due by 12/5/2014; Objections to witholdiings described in the draft Vaughn Index; Joint Status Report due by 1/2/2015 (mpt, ) (Entered: 09/15/2014)
2014-12-3110STATUS REPORT (JOINT) by DEPARTMENT OF STATE. (Prince, Robert) (Entered: 12/31/2014)
2015-02-0211STATUS REPORT (JOINT) by DEPARTMENT OF STATE. (Prince, Robert) (Entered: 02/02/2015)
2015-03-1612Emergency MOTION for Hearing (Status Conference) by JUDICIAL WATCH, INC. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Text of Proposed Order)(Cotca, Ramona) (Entered: 03/16/2015)
2015-03-1613Emergency MOTION Shorten Response Time to Motion for Status Conference re 12 Emergency MOTION for Hearing (Status Conference) by JUDICIAL WATCH, INC. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Text of Proposed Order)(Cotca, Ramona) (Entered: 03/16/2015)
2015-03-2014Memorandum in opposition to re 12 Emergency MOTION for Hearing (Status Conference) filed by DEPARTMENT OF STATE. (Attachments: # 1 Exhibit Exhibit 1)(Prince, Robert) (Entered: 03/20/2015)
2015-03-2315REPLY to opposition to motion re 12 Emergency MOTION for Hearing (Status Conference) filed by JUDICIAL WATCH, INC.. (Cotca, Ramona) (Entered: 03/23/2015)
2015-05-0116STATUS REPORT (JOINT) by DEPARTMENT OF STATE. (Prince, Robert) (Entered: 05/01/2015)
2015-06-3017NOTICE REGARDING BRIEFING SCHEDULE by DEPARTMENT OF STATE (Prince, Robert) (Entered: 06/30/2015)
2015-07-0218ORDER; setting briefing schedule: Summary Judgment motions due by 7/7/2015; Response to Motion for Summary Judgment due by 8/14/2015; Reply to Motion for Summary Judgment due by 9/11/2015; Plaintiffs' Reply due by 9/25/2015, Signed by Judge Royce C. Lamberth on 7/1/2015. (hs) (Entered: 07/02/2015)
2015-07-0719MOTION for Summary Judgment by DEPARTMENT OF STATE (Attachments: # 1 Memorandum in Support, # 2 Declaration of John F. Hackett, # 3 Statement of Facts, # 4 Text of Proposed Order)(Prince, Robert) (Entered: 07/07/2015)
2015-08-1020Unopposed MOTION for Extension of Time to File Response/Reply as to 19 MOTION for Summary Judgment by JUDICIAL WATCH, INC. (Attachments: # 1 Text of Proposed Order)(Cotca, Ramona) (Entered: 08/10/2015)
2015-08-1221ORDER; granting 20 Motion for Extension of Time to File Response/Reply, Signed by Judge Royce C. Lamberth on 8/11/2015. (hs) (Entered: 08/12/2015)
2015-08-2122MOTION for Discovery Pursuant to Rule 56(d) by JUDICIAL WATCH, INC. (Attachments: # 1 Declaration Declaration in Support of 56(d) Motion, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Text of Proposed Order)(Cotca, Ramona) (Entered: 08/21/2015)
2015-09-0223NOTICE of Filing Motion for Designation of Coordinating Judge by U.S. DEPARTMENT OF STATE (Attachments: # 1 Motion for Designation of Coordinating Judge)(Prince, Robert) (Entered: 09/02/2015)
2015-09-0424NOTICE of Order Entered in Misc. No. 15-1188 by U.S. DEPARTMENT OF STATE (Attachments: # 1 Copy of Order)(Prince, Robert) (Entered: 09/04/2015)
2015-09-0425MOTION to Stay Pending Resolution of Motion for Designation of Coordinating Judge by U.S. DEPARTMENT OF STATE (Attachments: # 1 Text of Proposed Order)(Prince, Robert) (Entered: 09/04/2015)
2015-09-1826NOTICE of Appearance by Jennie Leah Kneedler on behalf of U.S. DEPARTMENT OF STATE (Kneedler, Jennie) (Entered: 09/18/2015)
2015-09-1827Memorandum in opposition to re 22 MOTION for Discovery Pursuant to Rule 56(d) filed by U.S. DEPARTMENT OF STATE. (Attachments: # 1 Exhibit Exhibits 1-3, # 2 Text of Proposed Order)(Kneedler, Jennie) (Entered: 09/18/2015)
2015-09-2128Memorandum in opposition to re 25 MOTION to Stay Pending Resolution of Motion for Designation of Coordinating Judge filed by JUDICIAL WATCH, INC.. (Attachments: # 1 Exhibit 1, # 2 Text of Proposed Order)(Cotca, Ramona) (Entered: 09/21/2015)
2015-10-0129REPLY to opposition to motion re 25 MOTION to Stay Pending Resolution of Motion for Designation of Coordinating Judge filed by U.S. DEPARTMENT OF STATE. (Prince, Robert) (Entered: 10/01/2015)
2015-10-0230REPLY to opposition to motion re 22 MOTION for Discovery Pursuant to Rule 56(d) filed by JUDICIAL WATCH, INC.. (Attachments: # 1 Affidavit)(Cotca, Ramona) (Entered: 10/02/2015)
2015-10-0231NOTICE OF PLAINTIFF'S CORRECTED FILING by JUDICIAL WATCH, INC. re 30 Reply to opposition to Motion (Attachments: # 1 Exhibit 4)(Cotca, Ramona) (Entered: 10/02/2015)
2015-10-1432MOTION for Leave to File Surreply by U.S. DEPARTMENT OF STATE (Attachments: # 1 Text of Proposed Order, # 2 Proposed Surreply, # 3 Declaration in Support of Proposed Surreply)(Prince, Robert) (Entered: 10/14/2015)
2015-10-1933NOTICE Regarding Denial of State Department's Motion for Designation of Coordinating Judge by JUDICIAL WATCH, INC. re 25 MOTION to Stay Pending Resolution of Motion for Designation of Coordinating Judge (Cotca, Ramona) (Entered: 10/19/2015)
2015-10-2734RESPONSE re 32 MOTION for Leave to File Surreply filed by JUDICIAL WATCH, INC.. (Cotca, Ramona) (Entered: 10/27/2015)
2016-01-0535ORDER; granting 32 Motion for Leave to File Surreply, Signed by Judge Royce C. Lamberth on 12/31/2015. (hs) (Entered: 01/05/2016)
2016-01-0536SURREPLY to re 22 MOTION for Discovery Pursuant to Rule 56(d) filed by U.S. DEPARTMENT OF STATE. (zrdj) (Entered: 01/05/2016)
2016-01-2837ORDER denying 25 Motion to Stay as moot. Signed by Judge Royce C. Lamberth on January 28, 2016. (lcrcl2) (Entered: 01/28/2016)
2016-02-0238ORDER denying Motion for Hearing 12 ; denying Motion to shorten Defendant's time to file 13 . Signed by Judge Royce C. Lamberth on January 29, 2016. (lcrcl2) (Entered: 02/02/2016)
2016-03-2939MEMORANDUM AND ORDER; Denying 19 Motion for Summary Judgment and Granting 22 Motion for limited discovery, Signed by Judge Royce C. Lamberth on 3/29/2016. (hs) (Entered: 03/29/2016)
2016-05-0540NOTICE of Appearance by Michael Bekesha on behalf of JUDICIAL WATCH, INC. (Bekesha, Michael) (Entered: 05/05/2016)
2016-05-0541NOTICE OF WITHDRAWAL OF APPEARANCE as to U.S. DEPARTMENT OF STATE. Attorney Jennie Leah Kneedler terminated. (Kneedler, Jennie) (Entered: 05/05/2016)
2016-05-1642NOTICE of Proposed Order for Discovery by JUDICIAL WATCH, INC. re 39 Memorandum & Opinion (Attachments: # 1 Text of Proposed Order)(Cotca, Ramona) (Entered: 05/16/2016)
2016-05-2643RESPONSE to Plaintiff's 42 Proposed Discovery Order filed by U.S. DEPARTMENT OF STATE. (Attachments: # 1 Text of Proposed Order)(Prince, Robert) Modified on 5/27/2016 (zrdj). (Entered: 05/26/2016)
2016-06-0644MOTION for Leave to File a Reply by JUDICIAL WATCH, INC. (Attachments: # 1 Exhibit A (Judicial Watch's Reply), # 2 Text of Proposed Order)(Cotca, Ramona) (Entered: 06/06/2016)
2016-06-1045Memorandum in opposition to re 44 MOTION for Leave to File a Reply filed by U.S. DEPARTMENT OF STATE. (Prince, Robert) (Entered: 06/10/2016)
2016-06-2046REPLY to opposition to motion re 44 MOTION for Leave to File a Reply filed by JUDICIAL WATCH, INC.. (Attachments: # 1 Exhibit 1)(Cotca, Ramona) (Entered: 06/20/2016)
2016-12-2147ORDER granting 44 Motion for Leave to File. Signed by Judge Royce C. Lamberth on 12/21/16. (lcrcl1, ) (Entered: 12/21/2016)
2016-12-2148ORDER directing counsel to meet and confer and present a new proposed order by January 10, 2017.. Signed by Judge Royce C. Lamberth on 12/21/2016. (lcrcl1, ) (Entered: 12/21/2016)
2016-12-2149REPLY re 42 Notice of Proposed Order for Discovery filed by JUDICIAL WATCH, INC. (zrdj) (Entered: 12/22/2016)
2017-01-1050NOTICE of Proposed Order for Revised Discovery Plan by JUDICIAL WATCH, INC. re 48 Order (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Text of Proposed Order)(Cotca, Ramona) (Entered: 01/10/2017)
2017-01-1051NOTICE of Proposed Order Regarding Further Proceedings by U.S. DEPARTMENT OF STATE (Attachments: # 1 Text of Proposed Order)(Prince, Robert) (Entered: 01/10/2017)
2018-10-0452ORDER directing parties to appear for a Status Conference set for 10/12/2018 at 10:00 AM in Courtroom 15 before Judge Royce C. Lamberth. Signed by Judge Royce C. Lamberth on 10/3/18. (lsj) (Entered: 10/04/2018)
2018-10-12Minute Entry: Status Conference held on 10/12/2018 before Judge Royce C. Lamberth. (Court Reporter Tim Miller) (tb) (Entered: 10/12/2018)
2018-10-1653TRANSCRIPT OF STATUS HEARING before Judge Royce C. Lamberth held on 10-12-18; Page Numbers: 1-42; Date of Issuance: 10-16-18; Court Reporter: Timothy R. Miller, Telephone number (202) 354-3111. Transcripts may be ordered by submitting the Transcript Order Form For the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter. NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 11/6/2018. Redacted Transcript Deadline set for 11/16/2018. Release of Transcript Restriction set for 1/14/2019.(Miller, Timothy) (Entered: 10/16/2018)
2018-12-0654MEMORANDUM OPINION. Signed by Judge Royce C. Lamberth on 12/06/2018. (lcrcl3) (Entered: 12/06/2018)
2018-12-0655ORDER directing the parties to meet and confer regarding discovery and to submit a proposed plan and schedule. Signed by Judge Royce C. Lamberth on 12/06/2018. (lcrcl3) (Entered: 12/06/2018)
2018-12-06Set/Reset Deadlines: Proposed Discovery Plan due by 12/17/2018. (lsj) (Entered: 12/06/2018)
2018-12-1056NOTICE of Appearance by James F. Peterson on behalf of JUDICIAL WATCH, INC. (Peterson, James) (Entered: 12/10/2018)
2018-12-1057NOTICE of Appearance by Paul J. Orfanedes on behalf of JUDICIAL WATCH, INC. (Orfanedes, Paul) (Entered: 12/10/2018)
2018-12-1258Unopposed MOTION for Extension of Time to Wednesday, December 19 for the parties to submitjointly if possible, separately if necessarya proposed plan and schedule for discovery by U.S. DEPARTMENT OF STATE (Attachments: # 1 Text of Proposed Order)(Prince, Robert) (Entered: 12/12/2018)
2018-12-1259ERRATA by U.S. DEPARTMENT OF STATE 58 Unopposed MOTION for Extension of Time to Wednesday, December 19 for the parties to submitjointly if possible, separately if necessarya proposed plan and schedule for discovery filed by U.S. DEPARTMENT OF STATE. (Prince, Robert) (Entered: 12/12/2018)
2018-12-1360ORDER granting 58 Motion for Extension of Time. The parties shall submit a proposed plan and schedule for discovery by 12/19/2018. Signed by Judge Royce C. Lamberth on 12/14/2018. (lcrcl3) (Entered: 12/13/2018)
2018-12-17Set/Reset Deadlines: Proposed Plan and Schedule for Discovery due by 12/19/2018. (lsj) (Entered: 12/17/2018)
2018-12-1861NOTICE of Appearance by Stephen M. Pezzi on behalf of U.S. DEPARTMENT OF STATE (Pezzi, Stephen) (Entered: 12/18/2018)
2018-12-1962PROPOSED DISCOVERY PLAN re 55 Order by JUDICIAL WATCH, INC.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Peterson, James) . (Entered: 12/19/2018)
2018-12-1963RESPONSE TO ORDER OF THE COURT re 55 Order (State's Proposed Discovery Plan and Schedule) filed by U.S. DEPARTMENT OF STATE. (Prince, Robert) (Entered: 12/19/2018)
2019-01-0464RESPONSE re 63 by Plaintiff to Defendant's Proposed Discovery Plan and Schedule filed by JUDICIAL WATCH, INC.. (Attachments: # 1 Exhibit A)(Peterson, James) Modified to add link on 1/9/2019 (znmw). (Entered: 01/04/2019)
2019-01-1565MEMORANDUM OPINION and ORDER setting discovery plan and schedule. Signed by Judge Royce C. Lamberth on 1/15/2019. (lcrcl2) (Entered: 01/15/2019)
2019-01-1666MOTION to Stay in Light of Lapse of Appropriations by U.S. DEPARTMENT OF STATE (Attachments: # 1 Text of Proposed Order)(Prince, Robert) (Entered: 01/16/2019)
2019-01-1667RESPONSE re 66 MOTION to Stay in Light of Lapse of Appropriations filed by JUDICIAL WATCH, INC.. (Bekesha, Michael) (Entered: 01/16/2019)
2019-01-1768ORDER granting 66 Motion to Stay. Signed by Judge Royce C. Lamberth on 1/17/2019. (lcrcl2) (Entered: 01/17/2019)
2019-01-1769NOTICE by U.S. DEPARTMENT OF STATE (Attachments: # 1 Email from Deputy Under Secretary for Management)(Prince, Robert) (Entered: 01/17/2019)
2019-01-3070NOTICE of Restoration of Appropriations by U.S. DEPARTMENT OF STATE re 68 Order on Motion to Stay (Prince, Robert) (Entered: 01/30/2019)
2019-03-1171MOTION for Protective Order Regarding Audiovisual Recordings of Depositions of Current and Former Department of State Career Officials by U.S. DEPARTMENT OF STATE (Attachments: # 1 Text of Proposed Order)(Pezzi, Stephen) (Entered: 03/11/2019)
2019-03-1272MOTION for Protective Order Sealing the Audiovisual Recording of Deposition by Justin Cooper (Attachments: # 1 Text of Proposed Order)(Speth, Charles) (Entered: 03/12/2019)
2019-03-1973MOTION to Take Deposition from Benjamin Rhodes by JUDICIAL WATCH, INC. (Attachments: # 1 Text of Proposed Order)(Peterson, James) (Entered: 03/19/2019)
2019-03-2074Memorandum in opposition to re 73 MOTION to Take Deposition from Benjamin Rhodes filed by U.S. DEPARTMENT OF STATE. (Pezzi, Stephen) (Entered: 03/20/2019)
2019-03-2075REPLY to opposition to motion re 73 MOTION to Take Deposition from Benjamin Rhodes filed by JUDICIAL WATCH, INC.. (Peterson, James) (Entered: 03/20/2019)
2019-03-2576SUPPLEMENTAL MEMORANDUM to re 73 MOTION to Take Deposition from Benjamin Rhodes filed by JUDICIAL WATCH, INC.. (Attachments: # 1 Exhibit A)(Peterson, James) (Entered: 03/25/2019)
2019-03-2577NOTICE of Appearance by Beth A. Wilkinson on behalf of Jacob Sullivan (Wilkinson, Beth) (Entered: 03/25/2019)
2019-03-2578MOTION for Protective Order by Jacob Sullivan (Attachments: # 1 Text of Proposed Order)(Wilkinson, Beth) (Entered: 03/25/2019)
2019-03-2579RESPONSE re 73 MOTION to Take Deposition from Benjamin Rhodes to Plaintiff's Supplement 76 filed by U.S. DEPARTMENT OF STATE. (Prince, Robert) (Entered: 03/25/2019)
2019-03-2580VACATED PURSUANT TO ORDER 97 ......ORDER granting 73 Motion to Take Deposition from Benjamin Rhodes pursuant to Rule 45. Signed by Judge Royce C. Lamberth on 03/25/2019. (lcrcl3) Modified on 4/26/2019 (zlsj). (Entered: 03/25/2019)
2019-03-2581RESPONSE re 72 MOTION for Protective Order Sealing the Audiovisual Recording of Deposition , 71 MOTION for Protective Order Regarding Audiovisual Recordings of Depositions of Current and Former Department of State Career Officials filed by JUDICIAL WATCH, INC.. (Attachments: # 1 Text of Proposed Order)(Peterson, James) (Entered: 03/25/2019)
2019-03-26NOTICE OF ERROR re 77 Notice of Appearance; emailed to bwilkinson@wilkinsonwalsh.com, cc'd 16 associated attorneys -- The PDF file you docketed contained errors: 1. Please refile document, 2. Each counsel must use their assigned login/password to enter an appearance. Counsel should review LCvR 5.4(b) & 83.2 (zjf, ) (Entered: 03/26/2019)
2019-03-2682NOTICE of Appearance by Beth A. Wilkinson on behalf of Jacob Sullivan (Wilkinson, Beth) (Entered: 03/26/2019)
2019-03-2683NOTICE of Appearance by Alexandra M. Walsh on behalf of Jacob Sullivan (Walsh, Alexandra) (Entered: 03/26/2019)
2019-03-2684NOTICE of Appearance by Brian L. Stekloff on behalf of Jacob Sullivan (Stekloff, Brian) (Entered: 03/26/2019)
2019-03-2685NOTICE of Appearance by Michael J. Gottlieb on behalf of BENJAMIN RHODES (Gottlieb, Michael) (Entered: 03/26/2019)
2019-03-2686MOTION for Reconsideration re 80 Order on Motion to Take Deposition by BENJAMIN RHODES (Attachments: # 1 Exhibit A, # 2 Text of Proposed Order)(Gottlieb, Michael) (Entered: 03/26/2019)
2019-03-2887RESPONSE re 86 MOTION for Reconsideration re 80 Order on Motion to Take Deposition filed by JUDICIAL WATCH, INC.. (Attachments: # 1 Exhibit 1, # 2 Text of Proposed Order)(Peterson, James) (Entered: 03/28/2019)
2019-03-2988RESPONSE re 86 MOTION for Reconsideration re 80 Order on Motion to Take Deposition and Plaintiff's Response Thereto 87 filed by U.S. DEPARTMENT OF STATE. (Prince, Robert) (Entered: 03/29/2019)
2019-03-2989REPLY to opposition to motion re 86 MOTION for Reconsideration re 80 Order on Motion to Take Deposition filed by BENJAMIN RHODES. (Gottlieb, Michael) (Entered: 03/29/2019)
2019-03-2990REPLY to opposition to motion re 71 MOTION for Protective Order Regarding Audiovisual Recordings of Depositions of Current and Former Department of State Career Officials filed by U.S. DEPARTMENT OF STATE. (Prince, Robert) (Entered: 03/29/2019)
2019-04-0191REPLY to opposition to motion re 72 MOTION for Protective Order Sealing the Audiovisual Recording of Deposition filed by Justin Cooper. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6)(Speth, Charles) (Entered: 04/01/2019)
2019-04-0392Memorandum in opposition to re 78 MOTION for Protective Order filed by JUDICIAL WATCH, INC.. (Attachments: # 1 Text of Proposed Order)(Peterson, James) (Entered: 04/03/2019)
2019-04-1193MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Calanthe A. Cope-Kasten, :Firm- Wilkinson Walsh + Eskovitz LLP, :Address- 2001 M Street, NW, 10th Floor, Washington, DC 20036. Phone No. - 2028474000. Fax No. - 2028474005 Filing fee $ 100, receipt number 0090-6053768. Fee Status: Fee Paid. by JACOB SULLIVAN (Attachments: # 1 Exhibit A)(Wilkinson, Beth) (Entered: 04/11/2019)
2019-04-1194REPLY to opposition to motion re 78 MOTION for Protective Order filed by JACOB SULLIVAN. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Wilkinson, Beth) (Entered: 04/11/2019)
2019-04-1295NOTICE of Appearance by Lauren M. Burke on behalf of JUDICIAL WATCH, INC. (Burke, Lauren) (Entered: 04/12/2019)
2019-04-22MINUTE ORDER granting 93 Motion for Admission and Appearance Pro Hac Vice. Signed by Judge Royce C. Lamberth on 4/22/2019. (lcrcl1) (Entered: 04/22/2019)
2019-04-2596ORDER granting 71 Motion for Protective Order; granting 72 Motion for Protective Order; granting 78 Motion for Protective Order. Any audiovisual recordings of depositions of Justin Cooper, Clarence Finney, John Hackett, Heather Samuelson, Gene Smilansky, Jake Sullivan, Monica Tillery, Sheryl Walter, and Jonathan Wasser shall remain sealed absent further Court order. Signed by Judge Royce C. Lamberth on 04/25/2019. (lcrcl3) (Entered: 04/25/2019)
2019-04-2597ORDER granting 86 Motion for Reconsideration. The Court vacates its prior order at ECF No. 80. Signed by Judge Royce C. Lamberth on 04/25/2019. (lcrcl3) (Entered: 04/25/2019)
2019-04-2998Unopposed MOTION for Protective Order by ERIC BOSWELL (Attachments: # 1 Text of Proposed Order)(Clattenburg, Rachel) (Entered: 04/29/2019)
2019-04-3099NOTICE of Appearance by Joshua Aaron Levy on behalf of ERIC BOSWELL (Levy, Joshua) (Entered: 04/30/2019)
2019-05-03100ORDER granting 98 Motion for Protective Order. Any audiovisual recordings of any forthcoming depositions in this matter of Eric Boswell shall remain sealed absent further order of this Court. Signed by Judge Royce C. Lamberth on 05/03/2019. (lcrcl3) (Entered: 05/03/2019)
2019-05-14101MOTION for Protective Order Regarding Information Protected by the Privacy Act by U.S. DEPARTMENT OF STATE (Attachments: # 1 Text of Proposed Privacy Act Order and Acknowledgement, # 2 Privacy Impact Assessment for the SENTINEL System, # 3 Email Chain Between Lauren Burke and Robert Prince)(Prince, Robert) (Entered: 05/14/2019)
2019-05-17102MOTION to Compel by JUDICIAL WATCH, INC. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Text of Proposed Order)(Cotca, Ramona) (Entered: 05/17/2019)
2019-05-17103Memorandum in opposition to re 101 MOTION for Protective Order Regarding Information Protected by the Privacy Act filed by JUDICIAL WATCH, INC.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Text of Proposed Order)(Burke, Lauren) (Entered: 05/17/2019)
2019-05-21104REPLY to opposition to motion re 101 MOTION for Protective Order Regarding Information Protected by the Privacy Act filed by U.S. DEPARTMENT OF STATE. (Attachments: # 1 Home Page for Planet Depos, # 2 Plaintiffs 2017 IRS Form 990)(Prince, Robert) (Entered: 05/21/2019)
2019-05-23105MOTION to Quash Rule 45 Subpoena for Deposition Testimony from Non-Party Sheryl L. Walter , MOTION for Protective Order by U.S. DEPARTMENT OF STATE (Attachments: # 1 Ex. 1: Walter Declaration, # 2 Ex. 2: Original Subpoena, # 3 Ex. 3: Email Chain re Agreement, # 4 Ex. 4: Email Chain re Meet and Confer, # 5 Ex. 5: New Subpoena, # 6 Ex. 6: Bates 898, # 7 Text of Proposed Order)(Pezzi, Stephen) (Entered: 05/23/2019)
2019-05-23106SEALED MOTION FOR LEAVE TO FILE DOCUMENT UNDER SEAL filed by U.S. DEPARTMENT OF STATE (This document is SEALED and only available to authorized persons.) (Attachments: # 1 Ex. 1: Unredacted Version of Walter Declaration (To Be Filed Under Seal), # 2 Text of Proposed Order)(Pezzi, Stephen) (Entered: 05/23/2019)
2019-05-24107Memorandum in opposition to re 102 MOTION to Compel filed by U.S. DEPARTMENT OF STATE. (Attachments: # 1 Text of Proposed Order, # 2 Ex. 1 - Declaration of Richard C. Visek, # 3 Ex. 2 - Document 896, # 4 Ex. 3 - Document 899, # 5 Ex. 4 - Document 232, # 6 Ex. 5 - Apr. 19, 2019 Letter from S. Pezzi to R. Cotca, # 7 Ex. 6 - Apr. 26, 2019 Letter from S. Pezzi to R. Cotca)(Prince, Robert) (Entered: 05/24/2019)
2019-05-25108MOTION for Leave to File Surreply by JUDICIAL WATCH, INC. (Attachments: # 1 Exhibit Plaintiff's Surreply, # 2 Text of Proposed Order)(Burke, Lauren) (Entered: 05/25/2019)
2019-05-30109REPLY to opposition to motion re 102 MOTION to Compel filed by JUDICIAL WATCH, INC.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Burke, Lauren) (Entered: 05/30/2019)
2019-05-31110Memorandum in opposition to re 105 MOTION to Quash Rule 45 Subpoena for Deposition Testimony from Non-Party Sheryl L. Walter MOTION for Protective Order filed by JUDICIAL WATCH, INC.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Text of Proposed Order)(Cotca, Ramona) (Entered: 05/31/2019)
2019-06-05111REPLY to opposition to motion re 105 MOTION to Quash Rule 45 Subpoena for Deposition Testimony from Non-Party Sheryl L. Walter MOTION for Protective Order filed by U.S. DEPARTMENT OF STATE. (Pezzi, Stephen) (Entered: 06/05/2019)
2019-06-10112MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Henry James Brewster, :Firm- Wilkinson Walsh + Eskovitz, :Address- 2001 M Street, NW, 10th Floor, Washington, DC 20036. Phone No. - 2028474000. Fax No. - 2028474005 Filing fee $ 100, receipt number 0090-6175824. Fee Status: Fee Paid. by Heather Samuelson (Attachments: # 1 Exhibit A)(Wilkinson, Beth) (Entered: 06/10/2019)
2019-06-10113ORDER granting 106 Sealed Motion for Leave to File Document Under Seal. Signed by Judge Royce C. Lamberth on 06/10/2019. (lcrcl3) (Entered: 06/10/2019)
2019-06-10114ORDER denying 105 Motion to Quash. Signed by Judge Royce C. Lamberth on 06/10/2019. (lcrcl3) (Entered: 06/10/2019)
2019-06-10115ORDER granting 101 Motion for Protective Order; granting 108 Motion for Leave to File. Signed by Judge Royce C. Lamberth on 06/10/2019. (lcrcl3) (Entered: 06/10/2019)
2019-06-10116PROTECTIVE ORDER. Signed by Judge Royce C. Lamberth on 06/10/2019. (Attachments: # 1 Acknowledgement Form) (lcrcl3) (Entered: 06/10/2019)
2019-06-10MINUTE ORDER granting 112 Motion for Leave to Appear Pro Hac Vice. Signed by Judge Royce C. Lamberth on 06/10/2019. (lcrcl3) (Entered: 06/10/2019)
2019-06-10117ORDER FOR IN CAMERA REVIEW. Signed by Judge Royce C. Lamberth on 06/10/2019. (lcrcl3) (Entered: 06/10/2019)
2019-06-10121SEALED Unredacted Version of Walter Declaration filed by U.S. DEPARTMENT OF STATE. (This document is SEALED and only available to authorized persons.)(zjf) (Entered: 06/18/2019)
2019-06-11118NOTICE OF DELIVERY FOR IN CAMERA INSPECTION by U.S. DEPARTMENT OF STATE re 117 Order (Prince, Robert) (Entered: 06/11/2019)
2019-06-12119MEMORANDUM OPINION. Signed by Judge Royce C. Lamberth on 06/12/2019. (lcrcl3) (Entered: 06/12/2019)
2019-06-12120ORDER granting in part and denying in part 102 Motion to Compel. Signed by Judge Royce C. Lamberth on 06/12/2019. (lcrcl3) (Entered: 06/12/2019)
2019-08-07122ORDER directing the parties to file a status report by 8/21/2019 and setting a status conference for 8/26/2019 at 10:00 AM in Courtroom 15. SEE ORDER FOR FULL DETAILS. Signed by Judge Royce C. Lamberth on 08/07/2019. (lcrcl3) (Entered: 08/07/2019)
2019-08-12123MOTION to Modify Scheduling Order 122 by U.S. DEPARTMENT OF STATE (Attachments: # 1 Text of Proposed Order)(Prince, Robert) (Entered: 08/12/2019)
2019-08-14124Memorandum in opposition to re 123 MOTION to Modify Scheduling Order 122 filed by JUDICIAL WATCH, INC.. (Attachments: # 1 Text of Proposed Order)(Cotca, Ramona) (Entered: 08/14/2019)
2019-08-14125REPLY re 123 MOTION to Modify Scheduling Order 122 filed by U.S. DEPARTMENT OF STATE. (Prince, Robert) Modified on 8/14/2019 to correct docket link (jf). (Entered: 08/14/2019)
2019-08-14126ORDER granting in part and denying in part 123 Motion to Modify the Scheduling Order. The hearing set for 08/26/2019 at 10 AM is moved to to 08/22/2019 at 2 PM. Any status report(s) remain due by 08/21/2019 at 5 PM. Signed by Judge Royce C. Lamberth on 08/14/2019. (lcrcl3) (Entered: 08/14/2019)
2019-08-14Set/Reset Deadlines/Hearings: Status Report due by 8/21/2019. Status Conference set for 8/22/2019 at 02:00 PM in Courtroom 15 before Judge Royce C. Lamberth. (znbn) (Entered: 08/15/2019)
2019-08-19127NOTICE of Appearance by Brian L. Stekloff on behalf of CHERYL MILLS (Stekloff, Brian) (Entered: 08/19/2019)
2019-08-20128Unopposed MOTION to Intervene by HILLARY RODHAM CLINTON (Attachments: # 1 Text of Proposed Order)(Kendall, David) (Entered: 08/20/2019)
2019-08-21129ORDER granting 128 Motion to Intervene. Signed by Judge Royce C. Lamberth on 08/21/2019. (lcrcl3) (Entered: 08/21/2019)
2019-08-21130NOTICE of Appearance by David Evan Kendall on behalf of HILLARY RODHAM CLINTON (Kendall, David) (Entered: 08/21/2019)
2019-08-21131STATUS REPORT by Plaintiff (REDACTED) by JUDICIAL WATCH, INC.. (Attachments: # 1 Exhibit 1 - Hackett Tr. Excerpts, # 2 Exhibit 2 - Hackett Ex. 1, # 3 Exhibit 3 - Hackett Ex. 17, # 4 Exhibit 4 - Hackett Ex. 21, # 5 Exhibit 5 - Pitterle Tr. Excerpts, # 6 Exhibit 6 - Ex. 15, # 7 Exhibit 7 - Samuelson Tr. Excerpts, # 8 Exhibit 8 - Samuelson Ex. 3, # 9 Exhibit 9 - Samuelson Ex. 12, # 10 Exhibit 10 - Smilansky Tr. Excerpts, # 11 Exhibit 11 - Walter Tr. Excerpts, # 12 Exhibit 12 - Walter Ex. 7, # 13 Exhibit 13 - Walter Ex. 8, # 14 Exhibit 14 - Tasha Thian, Book Excerpt, # 15 Exhibit 15 - REDACTED, # 16 Exhibit 16 - REDACTED, # 17 Exhibit 17 - REDACTED)(Cotca, Ramona) (Entered: 08/21/2019)
2019-08-21132SEALED MOTION FOR LEAVE TO FILE DOCUMENT UNDER SEAL filed by JUDICIAL WATCH, INC. (This document is SEALED and only available to authorized persons.) (Attachments: # 1 Exhibit Plaintiff Status Report (UNDER SEAL), # 2 Exhibit 1 - Hackett Tr. Excerpts, # 3 Exhibit 2 - Hackett Ex. 1, # 4 Exhibit 3 - Hackett Ex. 17, # 5 Exhibit 4 - Hackett Ex. 21, # 6 Exhibit 5 - Pitterle Tr. Excerpts, # 7 Exhibit 6 - Pitterle Ex. 15, # 8 Exhibit 7 - Samuelson Tr. Excerpts, # 9 Exhibit 8 - Samuelson Ex. 3, # 10 Exhibit 9 - Samuelson Ex. 12, # 11 Exhibit 10 - Smilansky Tr. Excerpts, # 12 Exhibit 11 - Walter Tr. Excerpts, # 13 Exhibit 12 - Walter Ex. 7, # 14 Exhibit 13 - Walter Ex. 8, # 15 Exhibit 14- Tasha Thain, Book Excerpt, # 16 Exhibit 15 - Unredacted, # 17 Exhibit 16 - Unredacted, # 18 Exhibit 17 - Unredacted, # 19 Text of Proposed Order)(Cotca, Ramona) (Entered: 08/21/2019)
2019-08-21133STATUS REPORT by U.S. DEPARTMENT OF STATE. (Attachments: # 1 Text of Proposed Order, # 2 Ex. A - Correspondence, # 3 Ex. B - C06366219, # 4 Ex. C - Hackett Excerpts, # 5 Ex. D - Ex. 17 to Hackett Dep., # 6 Ex. E - Ex. 21 to Hackett Dep., # 7 Ex. F - Sullivan Excerpts, # 8 Ex. G - 30(b)(6) Excerpts, # 9 Ex. H - Pezzi Letter, # 10 Ex. I - Finney Excerpts, # 11 Ex. J - Smilansky Excerpts)(Pezzi, Stephen) (Entered: 08/21/2019)
2019-08-21134NOTICE of Filing of Corrected Version of Ex. A by U.S. DEPARTMENT OF STATE re 133 Status Report, (Attachments: # 1 Ex. A: Correspondence (Corrected Version))(Pezzi, Stephen) (Entered: 08/21/2019)
2019-08-22Minute Entry for Status Conference held before Judge Royce C. Lamberth held on 8/22/2019. Forthcoming Order. (Court Reporter: Timothy Miller) (lsj) (Entered: 08/22/2019)
2019-08-22135ORDER granting 132 Motion for Leave to File Status Report Under Seal; Authorizing further discovery as set out in order. SEE ORDER FOR FULL DETAILS. Signed by Judge Royce C. Lamberth on 08/22/2019. (lcrcl3) (Entered: 08/22/2019)
2019-08-23Set/Reset Deadlines: Responses due by 9/23/2019. Replies due by 10/3/2019. (lsj) (Entered: 08/23/2019)
2019-08-23136SEALED Status Report filed by JUDICIAL WATCH, INC. re 135 Order on Sealed Motion for Leave to File Document Under Seal, Set/Reset Deadlines/Hearings (This document is SEALED and only available to authorized persons.) (Attachments: # 1 Exhibit 1 - Hackett Tr. Excerpts, # 2 Exhibit 2 - Hackett Ex. 1, # 3 Exhibit 3 - Hackett Ex. 17, # 4 Exhibit 4 - Hackett Ex. 21, # 5 Exhibit 5 - Pitterle Tr. Excerpts, # 6 Exhibit 6 - Ex. 15, # 7 Exhibit 7 - Samuelson Tr. Excerpts, # 8 Exhibit 8 - Samuelson Ex. 3, # 9 Exhibit 9 - Samuelson Ex. 12, # 10 Exhibit 10 - Smilansky Tr. Excerpts, # 11 Exhibit 11 - Walter Tr. Excerpts, # 12 Exhibit 12 - Walter Ex. 7, # 13 Exhibit 13 - Walter Ex. 8, # 14 Exhibit 14 - Tasha Thian, Book Excerpt, # 15 Exhibit 15 - Unredacted, # 16 Exhibit 16 - Unredacted, # 17 Exhibit 17 - Unredacted)(Cotca, Ramona) Modified on 8/23/2019 (zjf). (Entered: 08/23/2019)
2019-08-23NOTICE of Hearing: Further Status Conference set for 12/19/2019 at 10:00 AM in Courtroom 15 before Judge Royce C. Lamberth. (lsj) (Entered: 08/23/2019)
2019-08-30137TRANSCRIPT OF STATUS CONFERENCE before Judge Royce C. Lamberth held on 8-22-19; Page Numbers: 1-53; Date of Issuance: 8-30-19; Court Reporter: Timothy R. Miller, Telephone Number (202) 354-3111. Transcripts may be ordered by submitting the <a href="http://www.dcd.uscourts.gov/node/110">Transcript Order Form</a><P></P><P></P>For the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter.<P> NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov.<P></P> Redaction Request due 9/20/2019. Redacted Transcript Deadline set for 9/30/2019. Release of Transcript Restriction set for 11/28/2019.(Miller, Timothy) (Entered: 08/30/2019)
2019-09-10138Unopposed MOTION to Modify Protective Order 116 by U.S. DEPARTMENT OF STATE (Attachments: # 1 Text of Proposed Order)(Prince, Robert) (Entered: 09/10/2019)
2019-09-10139ORDER granting 138 Motion to Modify the Existing Protective Order. Signed by Judge Royce C. Lamberth on 09/10/2019. (lcrcl2) (Entered: 09/10/2019)
2019-09-11140Unopposed MOTION for Protective Order (Second) Regarding Audiovisual Recordings of Depositions of Current and Former Department of State Career Officials by U.S. DEPARTMENT OF STATE (Attachments: # 1 Text of Proposed Order)(Pezzi, Stephen) (Entered: 09/11/2019)
2019-09-13141ORDER granting 140 Motion for Protective Order. Signed by Judge Royce C. Lamberth on 09/12/2019. (lcrcl2) (Entered: 09/13/2019)
2019-09-23142RESPONSE TO ORDER OF THE COURT re 135 Order on Sealed Motion for Leave to File Document Under Seal, Set/Reset Deadlines/Hearings filed by CHERYL MILLS. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Stekloff, Brian) (Entered: 09/23/2019)
2019-09-23143RESPONSE TO ORDER OF THE COURT re 135 Order on Sealed Motion for Leave to File Document Under Seal, Set/Reset Deadlines/Hearings Opposition to Plaintiff's Request for a Deposition filed by HILLARY RODHAM CLINTON. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Exhibit Exhibit C, # 4 Exhibit Exhibit D, # 5 Exhibit Exhibit E, # 6 Exhibit Exhibit F, # 7 Exhibit Exhibit G, # 8 Exhibit Exhibit H, # 9 Exhibit Exhibit I, # 10 Exhibit Exhibit J, # 11 Exhibit Exhibit K)(Kendall, David) (Entered: 09/23/2019)
2019-10-03144REPLY re 143 Response to Order of the Court,, 142 Response to Order of the Court, Combined filed by JUDICIAL WATCH, INC.. (Attachments: # 1 Exhibit Thian Deposition, # 2 Exhibit Finney Deposition, # 3 Exhibit Thian Ex. 4, # 4 Exhibit Email, # 5 Text of Proposed Order)(Burke, Lauren) (Entered: 10/03/2019)
2019-10-04145NOTICE of Appearance by Stephen L. Wohlgemuth on behalf of HILLARY RODHAM CLINTON (Wohlgemuth, Stephen) (Entered: 10/04/2019)
2019-10-10146REPLY in Support of Intervenor Hillary Rodham Clinton's Opposition to Plaintiff's Request for a Deposition filed by HILLARY RODHAM CLINTON. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Wohlgemuth, Stephen) (Entered: 10/10/2019)
2019-10-10147AMENDED REPLY Corrected Reply in Support of Hillary Rodham Clinton's Opposition to Plaintiff's Request for a Deposition filed by HILLARY RODHAM CLINTON. (Attachments: # 1 Exhibit A)(Wohlgemuth, Stephen) Modified event title on 10/15/2019 (znmw). (Entered: 10/10/2019)
2019-10-11148MOTION to Strike 147 Reply to Document or, in the Alternative, for Leave to File Surreply by JUDICIAL WATCH, INC. (Attachments: # 1 Exhibit Plaintiff's Surreply, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Text of Proposed Order)(Cotca, Ramona). Added MOTION for Leave to File on 10/15/2019 (ztth). (Entered: 10/11/2019)
2019-10-11149Unopposed MOTION to Strike 146 Reply to Document by HILLARY RODHAM CLINTON (Attachments: # 1 Text of Proposed Order)(Wohlgemuth, Stephen) (Entered: 10/11/2019)
2019-10-15NOTICE OF ERROR re 149 Motion to Strike; emailed to swohlgemuth@wc.com, cc'd 28 associated attorneys -- The PDF file you docketed contained errors: 1. Please do not refile. In future, the ECF login must match the signature. (ztth, ) (Entered: 10/15/2019)
2019-12-06150NOTICE of Appearance by Eric William Payne Lee on behalf of JUDICIAL WATCH, INC. (Lee, Eric) (Entered: 12/06/2019)
2019-12-17151NOTICE of Appearance by Henry James Brewster on behalf of CHERYL MILLS (Brewster, Henry) (Entered: 12/17/2019)
2019-12-17152STATUS REPORT in Advance of Status Conference by JUDICIAL WATCH, INC.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Cotca, Ramona) (Entered: 12/17/2019)
2019-12-18153NOTICE of Appearance by Beth A. Wilkinson on behalf of CHERYL MILLS (Wilkinson, Beth) (Entered: 12/18/2019)
2019-12-18154STATUS REPORT by U.S. DEPARTMENT OF STATE. (Attachments: # 1 Ex. 1 - Excerpts of Smilansky Dep., # 2 Ex. 2 - 30(b)(6) Notice, # 3 Ex. 3 - Excerpts of 30(b)(6) Dep.)(Pezzi, Stephen) (Entered: 12/18/2019)
2019-12-19Minute Entry for Status Conference held before Judge Royce C. Lamberth on 12/19/2019. Hearing held with further oral submissions. (Court Reporter: Elizabeth Saint-Loth) (lsj) (Entered: 12/19/2019)
2019-12-30155STATUS REPORT re: deposition request for Mr. Paul Combetta by JUDICIAL WATCH, INC.. (Burke, Lauren) (Entered: 12/30/2019)
2019-12-30156TRANSCRIPT OF PROCEEDINGS, before Judge Royce C. Lamberth, held on 12-19-2019. Page Numbers: 1 - 38. Date of Issuance: 12-30-2019. Court Reporter: Elizabeth SaintLoth; Telephone number: 202-354-3242. Transcripts may be ordered by submitting the Transcript Order Form For the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above . After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter. NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 1/20/2020. Redacted Transcript Deadline set for 1/30/2020. Release of Transcript Restriction set for 3/29/2020.(Saint-Loth, Elizabeth) (Entered: 12/30/2019)
2020-01-15157NOTICE OF WITHDRAWAL OF APPEARANCE as to CHERYL MILLS. Attorney Henry James Brewster terminated. (Brewster, Henry) (Entered: 01/15/2020)
2020-01-15158NOTICE OF WITHDRAWAL OF APPEARANCE as to JACOB SULLIVAN. Attorney Henry James Brewster terminated. (Brewster, Henry) (Entered: 01/15/2020)
2020-01-15159NOTICE OF WITHDRAWAL OF APPEARANCE as to HEATHER SAMUELSON. Attorney Henry James Brewster terminated. (Brewster, Henry) (Entered: 01/15/2020)
2020-02-12160NOTICE With Supplemental Information by JUDICIAL WATCH, INC. re 152 Status Report, 144 Reply to Document, 131 Status Report,, (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Cotca, Ramona) (Entered: 02/12/2020)
2020-03-02161MEMORANDUM ORDER granting in part and denying in part plaintiff's requests for additional discovery. The parties shall complete this round of discovery within seventy-five (75) days, unless they seek additional time. The Court will hold a post-discovery hearing to set a further schedule herein. Signed by Judge Royce C. Lamberth on 03/02/2020. (lcrcl2) (Entered: 03/02/2020)
2020-04-15162MOTION to Compel by JUDICIAL WATCH, INC. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Text of Proposed Order)(Cotca, Ramona) (Entered: 04/15/2020)
2020-04-17163Consent MOTION for Extension of Time to Complete Discovery by JUDICIAL WATCH, INC. (Attachments: # 1 Exhibit 1, # 2 Text of Proposed Order)(Cotca, Ramona) (Entered: 04/17/2020)
2020-04-23164ORDER granting 163 Motion for Extension of Time to Complete Discovery. This round of discovery is extended through August 17, 2020. Signed by Judge Royce C. Lamberth on 04/23/2020. (lcrcl2) (Entered: 04/23/2020)
2020-04-27Set/Reset Deadlines: Discovery due by 8/17/2020. (lsj) (Entered: 04/27/2020)
2020-04-29165RESPONSE re 162 MOTION to Compel filed by HILLARY RODHAM CLINTON. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Kendall, David) (Entered: 04/29/2020)
2020-05-06166REPLY to opposition to motion re 162 MOTION to Compel filed by JUDICIAL WATCH, INC.. (Cotca, Ramona) (Entered: 05/06/2020)
2020-05-22167NOTICE OF WITHDRAWAL OF APPEARANCE as to U.S. DEPARTMENT OF STATE. Attorney Robert J. Prince terminated. (Prince, Robert) (Entered: 05/22/2020)
2020-08-12168Joint MOTION for Extension of Time to Complete Discovery by JUDICIAL WATCH, INC. (Attachments: # 1 Text of Proposed Order)(Burke, Lauren) (Entered: 08/12/2020)
2020-08-13169ORDER granting 168 Joint Motion for Extension of Time to Complete Discovery until 11/16/2020. Signed by Judge Royce C. Lamberth on 08/13/2020. (lcrcl3) (Entered: 08/13/2020)
2020-08-13Set/Reset Deadlines: Discovery due by 11/16/2020. (lsj) (Entered: 08/13/2020)
2020-09-08170MOTION to Vacate 161 Order, authorizing discovery in its entirety or, in the alternative, to stay all remaining discovery by U.S. DEPARTMENT OF STATE (Attachments: # 1 Ex. 1 - D.C. Circuit Opinion, # 2 Ex. 2 - Meet and Confer Email Chain, # 3 Text of Proposed Order)(Pezzi, Stephen) (Entered: 09/08/2020)
2020-09-11171Memorandum in opposition to re 170 MOTION to Vacate 161 Order, authorizing discovery in its entirety or, in the alternative, to stay all remaining discovery filed by JUDICIAL WATCH, INC.. (Attachments: # 1 Text of Proposed Order)(Cotca, Ramona) (Entered: 09/11/2020)
2020-10-26172NOTICE of Filing by JUDICIAL WATCH, INC. (Cotca, Ramona) (Entered: 10/26/2020)
2020-10-28173NOTICE OF SUPPLEMENTAL AUTHORITY by U.S. DEPARTMENT OF STATE (Attachments: # 1 Ex. 1 - Order Denying Rehearing En Banc, # 2 Ex. 2 - Order Denying Panel Rehearing)(Pezzi, Stephen) (Entered: 10/28/2020)
2020-11-10174NOTICE Regarding Appeal Status by JUDICIAL WATCH, INC. (Cotca, Ramona) (Entered: 11/10/2020)
2020-11-10175NOTICE OF WITHDRAWAL OF APPEARANCE as to JACOB SULLIVAN. Attorney Alexandra M. Walsh terminated. (Cope-Kasten, Calanthe) (Entered: 11/10/2020)
2020-11-10176NOTICE of Firm Name Change and E-Mail Change by CHERYL MILLS, HEATHER SAMUELSON, JACOB SULLIVAN (Wilkinson, Beth) (Entered: 11/10/2020)
2021-01-26177NOTICE of Filing an Appeal with the Supreme Court by Eric W. Lee on behalf of JUDICIAL WATCH, INC. (Lee, Eric) (Entered: 01/26/2021)
2021-03-29178NOTICE Regarding Appeal Status by JUDICIAL WATCH, INC. (Lee, Eric) (Entered: 03/29/2021)
2021-04-13179STATUS REPORT by JUDICIAL WATCH, INC.. (Cotca, Ramona) (Entered: 04/13/2021)
2021-04-13180RESPONSE to Plaintiff's Notice (ECF No. 178 ) and Status Report (ECF No. 179 ) filed by U.S. DEPARTMENT OF STATE. (Attachments: # 1 Ex. 1 - Pl.'s Rehearing Petition, # 2 Ex. 2 - Pl.'s Petition for a Writ of Certiorari)(Pezzi, Stephen) Modified on 4/14/2021 to add docket link (zjf). (Entered: 04/13/2021)
2023-09-07181MEMORANDUM AND ORDER granting Motion 170 to Vacate; denying Motion 162 to Compel; denying Motion 149 to Strike; dismissing as moot Motion 148 to Strike or in the Alternative for Leave to File a Sur-Reply; and setting deadlines for further proceedings including summary judgment motions, cross-motions, and Vaughn Index. Further discovery is CLOSED. The filings that intervenor Hillary Clinton sought to strike shall REMAIN UNDER SEAL. See Order for details and deadlines. Signed by Judge Royce C. Lamberth on 9/7/2023. (lcrcl2) (Entered: 09/07/2023)
2023-09-27182Consent MOTION for Extension of Time to Facilitate Settlement Discussions by U.S. DEPARTMENT OF STATE. (Attachments: # 1 Text of Proposed Order)(Pezzi, Stephen) (Entered: 09/27/2023)
2023-10-06183ORDER granting in part and denying in part Motion 182 for Extension of Time. All summary judgment briefing deadlines are extended by 60 days. Signed by Judge Royce C. Lamberth on 10/6/2023. (lcrcl2) (Entered: 10/06/2023)
2023-12-19184Joint MOTION for Extension of Time to Accommodate Ongoing Settlement Discussions by U.S. DEPARTMENT OF STATE. (Attachments: # 1 Text of Proposed Order)(Pezzi, Stephen) (Entered: 12/19/2023)
2024-01-02185NOTICE of Appearance by Jonathan D. Kossak on behalf of U.S. DEPARTMENT OF STATE (Kossak, Jonathan) (Entered: 01/02/2024)
2024-01-02186ORDER granting Motion 184 for Extension of Time to Accommodate Ongoing Settlement Discussions. All summary judgment briefing deadlines are extended by 30 days. Signed by Judge Royce C. Lamberth on 12/22/2023. (lcrcl2) (Entered: 01/02/2024)
2024-01-25187Joint MOTION for Extension of Time to Finalize Settlement by U.S. DEPARTMENT OF STATE. (Attachments: # 1 Text of Proposed Order)(Pezzi, Stephen) (Entered: 01/25/2024)
2024-01-29188ORDER granting Motion 187 for Extension of Time to Finalize Settlement. All summary judgment briefing deadlines are extended by 21 days. Signed by Judge Royce C. Lamberth on 1/29/2024. (lcrcl2) (Entered: 01/29/2024)
2024-02-13189STIPULATION of Dismissal by JUDICIAL WATCH, INC.. (Cotca, Ramona) (Entered: 02/13/2024)
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