Case Detail

FOIA Project Annotation: Judge Amy Berman Jackson has ruled that the government misconduct exception does not apply in the FOIA context and does not overcome deliberative process privilege claims made by the State Department for records concerning the attack on the U.S. consulate in Benghazi, but that two other documents withheld by the agency under the deliberative process privilege were not deliberative. In responding to a request from Judicial Watch, the agency disclosed 459 documents in whole or in part. Judicial Watch did not contest the adequacy of the agency's search, but focused on the Exemption 5 (privileges) claims. Judicial Watch argued that since the agency had been deceptive concerning what happened at Benghazi, the government misconduct exception applied. After reviewing the documents in camera, Jackson rejected the application of the government misconduct exception in the FOIA context. She pointed out that the leading D.C. Circuit case related to the government misconduct exception was In re Sealed Case, 121 F.3d 729 (D.C. Cir. 1997), which involved a criminal investigation. She observed that "some courts in this district have cited In re Sealed Case and discussed the possibility that the exception would apply in FOIA cases where the claimed governmental misconduct is 'severe enough to qualify as nefarious or extreme government wrongdoing. But plaintiff has not pointed the Court to any case in which a court in this district has ordered that deliberative materials be disclosed on those grounds." In contrast, however, Jackson noted that the court in Wright v. Administration for Children & Families, 2016 WL 5922293 (D.D.C. Oct. 11, 2016), had ruled that "Exemption 5's protection of privileged materials is not subject to the same exceptions to which the common law privilege is susceptible." Jackson indicated that "in this Court's view, the Wright decision flows directly from the ruling in In re Sealed Case, where the Court of Appeals specifically carved FOIA cases out of its general recognition that the deliberative process privilege could be overcome by a showing of need." She added that "the Court finds that the only applicable Circuit authority militates against recognizing a government misconduct exception in a FOIA case, and it will follow the analysis set out in Wright." The State Department had withheld paragraphs containing summaries of calls from President Obama to the Presidents of Libya and Egypt in the aftermath of the Benghazi attack, arguing that the summaries were to help inform the agency's deliberations. Jackson explained that "the two records, even if just barely predecisional, are not deliberative." She observed that "while the Court recognizes that the information was transmitted to inform State Department officials of facts that could be relevant to the ongoing performance of their duties, the deliberative process privilege has not been interpreted to extend that broadly. The agency has not articulated any principle that would justify withholding here that would not also justify the withholding of all factual summaries prepared in the ordinary course of agency business."
Issues: Exemption 5 - Privileges - Deliberative process privilege - Deliberative

FOIA Project Annotation: Judge Amy Berman Jackson has ruled that the State Department's failure to initially claim Exemption 1 (national security) for two redactions Jackson previously had found were covered by Exemption 5 (privileges) was the result of human error during the agency's rush to review the Clinton emails in response to an onslaught of requests, that it was not an attempt to be deceptive, and that disclosure of the redacted information would threaten national security. In response to requests from Judicial Watch concerning Benghazi, the agency located eight identical paragraphs in two different emails summarizing calls between President Obama and the Presidents of Libya and Egypt shortly after the attack. The State Department claimed the summaries were protected by the deliberative process privilege, which Jackson, after reviewing the records in camera, rejected. State then asked Jackson to reconsider whether the redactions were protected by Exemption 1. Jackson noted generally that agencies were required to claim all exemptions at the same time, but that "so long as the government's failure to invoke the proper exemption was a result of 'human error' and 'was not an effort to gain a tactical advantage,'" courts could reconsider the applicability of a newly raised exemption. She found it appropriate to reconsider the redactions in this case. She pointed out that "in light of the substantiation of the important security interests at stake, it does not appear that the agency's failure to invoke Exemption 1 was part of an effort to gain a tactical advantage, but rather, that it stemmed from inefficiencies at and extraordinary burdens placed upon defendant's FOIA unit." Finding that Exemption 1 applied here, Jackson observed that "plaintiff does not appear to challenge defendant's assertion of Exemption 1 to [the emails], just as it did not challenge the application to the same information withheld in [another document]. In any event, the Court is independently satisfied that Exemption 1 applies to the redacted information."
Issues: Exemption 1 - Harm to national security

Date Filed	Doc #	Docket Text
2014-09-04	1	COMPLAINT against U.S. DEPARTMENT OF STATE ( Filing fee $ 400 receipt number 0090-3828180) filed by JUDICIAL WATCH, INC.. (Attachments: # 1 Civil Cover Sheet, # 2 Summons U.S. Attorney, # 3 Summons U.S. Attorney General, # 4 Summons Department of State)(Orfanedes, Paul) (Entered: 09/04/2014)
2014-09-04	2	LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by JUDICIAL WATCH, INC. (Orfanedes, Paul) (Entered: 09/04/2014)
2014-09-04		Case Assigned to Judge Amy Berman Jackson. (sth, ) (Entered: 09/04/2014)
2014-09-04	3	SUMMONS (3) Issued Electronically as to U.S. DEPARTMENT OF STATE, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Summons, # 2 Summons, # 3 Summons)(sth, ) (Entered: 09/04/2014)
2014-09-15	4	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 9/10/2014. ( Answer due for ALL FEDERAL DEFENDANTS by 10/10/2014.), RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 9/10/2014., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF STATE served on 9/10/2014 (Attachments: # 1 Declaration of C. Rotaru)(Orfanedes, Paul) (Entered: 09/15/2014)
2014-10-10	5	NOTICE of Appearance by Robert J. Prince on behalf of U.S. DEPARTMENT OF STATE (Prince, Robert) (Entered: 10/10/2014)
2014-10-10	6	ANSWER to Complaint by U.S. DEPARTMENT OF STATE. (Attachments: # 1 FOIA Request Letter)(Prince, Robert) (Entered: 10/10/2014)
2014-10-14	7	ORDER that defendant file on or before November 12, 2014 a dispositive motion or, in the alternative, a report setting forth the schedule for document production to plaintiff. See Order for details. Signed by Judge Amy Berman Jackson on 10/14/2014. (lcabj2) (Entered: 10/14/2014)
2014-10-15		Set/Reset Deadlines: Defendant shall file a dispositive motion, or, in the alternative, a report setting forth the schedule for production of documents to plaintiff by 11/12/2014. (jth) (Entered: 10/15/2014)
2014-11-12	8	STATUS REPORT SETTING FORTH SCHEDULE OF PRODUCTION by U.S. DEPARTMENT OF STATE. (Prince, Robert) (Entered: 11/12/2014)
2014-11-13		MINUTE ORDER. In light of 8 defendant's status report, it is ORDERED that defendant shall file another status report on defendant's first production on December 18, 2014. Signed by Judge Amy Berman Jackson on 11/13/2014. (lcabj2) (Entered: 11/13/2014)
2014-11-14		Set/Reset Deadlines: Status Report due by 12/18/2014. (tb, ) (Entered: 11/14/2014)
2014-11-14		Set/Reset Deadlines: Status Report due by 12/18/2014. (tb, ) (Entered: 11/14/2014)
2014-12-18	9	STATUS REPORT ON DEFENDANTS FIRST PRODUCTION by U.S. DEPARTMENT OF STATE. (Prince, Robert) (Entered: 12/18/2014)
2014-12-19		MINUTE ORDER. In light of 9 defendant's status report, it is ORDERED that defendant shall file another status report on defendant's next production on February 12, 2015. Signed by Judge Amy Berman Jackson on 12/19/2014. (lcabj2) (Entered: 12/19/2014)
2014-12-19		Set/Reset Deadlines: Defendant's next Status Report is due by 2/12/2015. (jth) (Entered: 12/19/2014)
2015-02-12	10	STATUS REPORT by U.S. DEPARTMENT OF STATE. (Prince, Robert) (Entered: 02/12/2015)
2015-02-12		MINUTE ORDER. In light of 10 defendant's status report, it is ORDERED that defendant shall file another status report on defendant's next production on April 9, 2015. Signed by Judge Amy Berman Jackson on 12/19/2014. (lcabj2) (Entered: 02/12/2015)
2015-02-12		Set/Reset Deadlines: Defendant's next Status Report is due by 4/9/2015. (jth) (Entered: 02/12/2015)
2015-04-10	11	STATUS REPORT by U.S. DEPARTMENT OF STATE. (Prince, Robert) (Entered: 04/10/2015)
2015-04-14		MINUTE ORDER. In light of 11 defendant's status report, it is ORDERED that defendant shall file another status report on defendant's next production on June 4, 2015. Signed by Judge Amy Berman Jackson on 4/15/2015. (lcabj2) (Entered: 04/14/2015)
2015-04-14		Set/Reset Deadline: Defendant shall file another Status Report on it's next production by 6/4/2015. (jth) (Entered: 04/14/2015)
2015-06-04	12	STATUS REPORT on Fourth And Final Production by U.S. DEPARTMENT OF STATE. (Prince, Robert) (Entered: 06/04/2015)
2015-06-05		MINUTE ORDER. In light of 12 defendant's status report, it is ORDERED that the parties shall jointly propose a schedule for further proceedings, if any, by June 19, 2015. Signed by Judge Amy Berman Jackson on 6/5/2015. (lcabj2) (Entered: 06/05/2015)
2015-06-05		Set/Reset Deadlines: The parties joint proposed schedule for further proceedings, if any, is due by 6/19/2015. (jth) (Entered: 06/05/2015)
2015-06-19	13	STATUS REPORT (Joint) by JUDICIAL WATCH, INC.. (Orfanedes, Paul) (Entered: 06/19/2015)
2015-06-22		MINUTE ORDER. It is defendant's position that the search for documents responsive to plaintiff's FOIA request is complete and was adequate, notwithstanding what has been disclosed publicly concerning the use of personal email for State Department business. It is therefore ORDERED that defendant's motion for summary judgment is due on or before September 25, 2015; that plaintiff's opposition and any cross-motion is due on or before October 23, 2015; that defendant's reply and opposition to any cross-motion is due on or before November 13, 2015; and that plaintiff's reply in support of any cross-motion is due on or before November 30, 2015. If defendant intends to conduct additional searches and produce additional records, it must advise the Court by notice by July 2, 2015, and propose a schedule for that production. SO ORDERED. Signed by Judge Amy Berman Jackson on 6/22/2015. (lcabj2) Modified on 6/23/2015 to reflect that all due dates are in calendar year 2015 (jth). (Entered: 06/22/2015)
2015-06-23		Set/Reset Deadlines: Defendant's Motion for Summary Judgment is due by 9/25/2015; Plaintiff's Opposition and any Cross-Motion is due by 10/23/2015; Defendant's Reply and Opposition to any Cross-Motion is due by 11/13/2015; Plaintiff's Reply in support of any Cross-Motion is due by 11/30/2015. If Defendant intends to conduct additional searches and produce additional records, it must advise the Court and propose a schedule for that production by 7/2/2015. (jth) (Entered: 06/23/2015)
2015-09-02	14	MOTION to Stay re Filing Motion for Designation of Coordinating Judge by U.S. DEPARTMENT OF STATE (Attachments: # 1 Motion for Designation of Coordinating Judge)(Prince, Robert) Modified event title on 9/3/2015 (znmw). (Entered: 09/02/2015)
2015-09-03	15	NOTICE of Filing Motion for Designation of Coordinating Judge CORRECTION OF DOCKET # 14 by U.S. DEPARTMENT OF STATE (Attachments: # 1 Motion for Designation of Coordinating Judge)(Prince, Robert) (Entered: 09/03/2015)
2015-09-04	16	NOTICE 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)
2015-09-04	17	MOTION 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)
2015-09-10		MINUTE ORDER granting 14 Motion to Stay; granting 17 Motion to Stay. In light of 16 the Notice of the Court Order in Miscellaneous Case Number 15-1188, it is ORDERED that this case is hereby STAYED in its entirety pending the ruling on the motion for the designation of a coordinating judge. The Court will revise the briefing schedule set in its Minute Order of June 22, 2015, if necessary, after that motion has been resolved. SO ORDERED. Signed by Judge Amy Berman Jackson on 9/10/2015. (lcabj2) (Entered: 09/10/2015)
2015-10-08		MINUTE ORDER. In light of the Order entered in No. 15-mc-1188 denying the government's motion for the designation of a coordinating judge, it is ORDERED that the stay of this case is hereby lifted. It is FURTHER ORDERED that defendant shall file on or before October 15, 2015 a proposed updated schedule for the production of any and all additional responsive records, taking into consideration the information the defendant provided to the Court in Leopold v. U.S. Department of State, No. 15-cv-123 (RC) concerning the status of the release of non-exempt portions of records subject to FOIA contained in the emails provided to State by former Secretary Clinton, but also including information concerning the status of the release of records subject to FOIA contained in the emails provided to State by other former employees, such as Cheryl Mills, Huma Abedin, Jacob Sullivan, and Phillippe Reines. Plaintiff shall then have until October 19, 2015, to indicate to the Court whether it has any objections to defendant's proposal. SO ORDERED. Signed by Judge Amy Berman Jackson on 10/8/2015. (lcabj2) (Entered: 10/08/2015)
2015-10-14		Set/Reset Deadlines: Defendant shall file by 10/15/2015 a proposed updated schedule for the production of any and all additional responsive records; Plaintiff shall then have until 10/19/2015, to indicate to the Court whether it has any objections to defendant's proposal. (jth) (Entered: 10/14/2015)
2015-10-15	18	STATUS REPORT by U.S. DEPARTMENT OF STATE. (Attachments: # 1 Text of Proposed Order)(Prince, Robert) (Entered: 10/15/2015)
2015-10-19	19	RESPONSE re 18 Status Report on Proposed Updated Schedule filed by JUDICIAL WATCH, INC.. (Orfanedes, Paul) (Entered: 10/19/2015)
2015-10-20		MINUTE ORDER. Before the Court are 18 defendant's status report and proposed schedule for the processing and production of additional responsive records, and 19 plaintiff's response to that report. In light of its statement that it is "willing to search" the records it has received from Huma Abedin, Cheryl Mills, and Jacob Sullivan, the Court reads defendant's submission as waiving any objection to being ordered to search those records. Further, since these records are now in defendant's possession, and defendant has informed the Court that they "may contain records responsive to [p]laintiff's FOIA request," and given the purposes underlying the broad disclosure requirements contained in the the Freedom of Information Act -- which may not favor the conduct of government business through private email accounts -- the Court will order the processing of those materials as part of this action. Thus, it is ORDERED that, with respect to the emails provided to defendant by former Secretary Clinton (including those documents recently provided by Huma Abedin, Cheryl Mills, and Jacob Sullivan that contain emails to or from former Secretary Clinton): (1) On October 22, 2015, defendant shall file a status report disclosing the number of additional responsive documents, if any; and (2) On October 29, 2015, the parties shall file a joint status report in which they will propose to the Court a production schedule for the non-exempt portions of those documents, and, if the parties are unable to reach an agreement as to the production schedule, each shall provide their own proposed schedule. It is FURTHER ORDERED that, with respect to the documents recently provided by Huma Abedin, Cheryl Mills, and Jacob Sullivan, other than those documents that contain emails to or from the email account of former Secretary Clinton: (1) On November 12, 2015, defendant shall: (a) produce the non-exempt portions of responsive documents that do not have to be referred to one or more other agencies for consultation; and (b) refer all responsive documents that require inter-agency consultation to the appropriate agency or agencies; (2) On November 19, 2015, defendant shall file a status report disclosing the number of documents produced to plaintiff, the number of responsive documents referred to other agencies for consultation, and the number of agencies to which responsive documents were referred; and (3) Within two weeks of completion of all inter-agency consultations for a given document, defendant shall produce the non-exempt portions of that document to plaintiff. Signed by Judge Amy Berman Jackson on 10/20/2015. (lcabj2) (Entered: 10/20/2015)
2015-10-22		Set/Reset Deadlines: Defendant shall file a status report on 10/22/2015 disclosing the number of additional responsive documents, if any; and On 10/29/2015, the parties shall file a joint status report in which they will propose to the Court a production schedule for the non-exempt portions of those documents, and, if the parties are unable to reach an agreement as to the production schedule, each shall provide their own proposed schedule. It is FURTHER ORDERED that, with respect to the documents recently provided by Huma Abedin, Cheryl Mills, and Jacob Sullivan, other than those documents that contain emails to or from the email account of former Secretary Clinton: (1) On 11/12/2015, defendant shall: (a) produce the non-exempt portions of responsive documents that do not have to be referred to one or more other agencies for consultation; and (b) refer all responsive documents that require inter-agency consultation to the appropriate agency or agencies; (2) On 11/19/2015, defendant shall file a status report disclosing the number of documents produced to plaintiff, the number of responsive documents referred to other agencies for consultation, and the number of agencies to which responsive documents were referred; and (3) Within two weeks of completion of all inter-agency consultations for a given document, defendant shall produce the non-exempt portions of that document to plaintiff. (jth) (Entered: 10/22/2015)
2015-10-22	20	STATUS REPORT by U.S. DEPARTMENT OF STATE. (Prince, Robert) (Entered: 10/22/2015)
2015-10-29	21	Joint STATUS REPORT by U.S. DEPARTMENT OF STATE. (Prince, Robert) (Entered: 10/29/2015)
2015-10-30		MINUTE ORDER. In light of 21 the parties' joint status report, it is ORDERED that 1) by November 2, 2015, defendant shall produce to plaintiff the responsive records it has already identified; 2) by November 30, 2015, defendant shall produce to plaintiff the non-exempt portions of those records not yet reviewed that do not have to be referred to one or more agencies, and refer all other responsive records to the appropriate agency or agencies; 3) within two weeks of the completion of all inter-agency consultations for a given record, defendant shall produce any non-exempt portion of that record to plaintiff; and 4) by December 7, 2015, the parties shall file another joint report on the status of the production of the remaining documents. Given the small number of records and the amount of time involved, the Court expects defendant to be able to comply with this schedule. SO ORDERED. Signed by Judge Amy Berman Jackson on 10/30/2015. (lcabj2) (Entered: 10/30/2015)
2015-10-31		Set/Reset Deadlines: The Parties shall file another Joint Report on the Status of the production of the remaining documents by 12/7/2015. (jth) (Entered: 10/31/2015)
2015-11-19	22	STATUS REPORT by U.S. DEPARTMENT OF STATE. (Prince, Robert) (Entered: 11/19/2015)
2015-12-07	23	Joint STATUS REPORT by U.S. DEPARTMENT OF STATE. (Attachments: # 1 Exhibit)(Prince, Robert) (Entered: 12/07/2015)
2015-12-08		MINUTE ORDER. In light of 23 the parties' third joint status report, it is ORDERED that defendant's motion for summary judgment is due on or before January 15, 2016; plaintiff's opposition/cross-motion or Rule 56(d) motion is due on or before February 5, 2016; defendant's reply/opposition is due on or before March 4, 2016; and plaintiff's reply is due on or before March 18, 2016. The Court observes that this briefing schedule is quite expansive, but in light of the fact that the parties have agreed to it, the Court will adopt it. Any arguments on the question of whether defendant should have produced [23-1] the records attached as an exhibit to the third status report in response to plaintiff's FOIA request should be included in the summary judgment pleadings. SO ORDERED. Signed by Judge Amy Berman Jackson on 12/8/2015. (lcabj2) (Entered: 12/08/2015)
2015-12-08		Set/Reset Deadlines: Defendant's Motion for Summary Judgment is due by 1/15/2016; Plaintiff's Opposition/Cross-Motion or Rule 56(d) Motion is due by 2/5/2016; Defendant's Reply/Opposition is due by 3/4/2016; Plaintiff's Reply is due by 3/18/2016. (jth) (Entered: 12/08/2015)
2016-01-12	24	MOTION to Stay Briefing Schedule by U.S. DEPARTMENT OF STATE (Attachments: # 1 Exhibit, # 2 Text of Proposed Order)(Prince, Robert) (Entered: 01/12/2016)
2016-01-12		MINUTE ORDER granting in part 24 Motion to Stay. Notwithstanding the fact that plaintiff's consent to 24 defendant's motion was conditioned on its receipt of additional information, based on the information that was presented in the motion, the Court hereby VACATES the briefing schedule set in its Minute Order of December 8, 2015, and ORDERS defendant to file a status report on February 1, 2016, specifying the volume of records involved and proposing a schedule for their review and production. If plaintiff objects to the proposed schedule, it may respond and set forth the basis for its objections on or before February 5, 2016. Once the Court has issued a schedule for the completion of the production, it will seek the parties' proposal for a revised summary judgment briefing schedule. Because the original briefing schedule has been vacated, the case will not be stayed. SO ORDERED. Signed by Judge Amy Berman Jackson on 1/12/2016. (lcabj2) (Entered: 01/12/2016)
2016-01-13		Set/Reset Deadlines: Defendant to file a Status Report on 2/1/2016, specifying the volume of records involved and proposing a schedule for their review and production. If plaintiff objects to the proposed schedule, it may Respond and set forth the basis for its objections by 2/5/2016. (jth) (Entered: 01/13/2016)
2016-01-29	25	Unopposed MOTION for Extension of Time to File Status Report by U.S. DEPARTMENT OF STATE (Attachments: # 1 Text of Proposed Order)(Prince, Robert) (Entered: 01/29/2016)
2016-01-29		MINUTE ORDER granting 25 Motion for Extension of Time. By no later than February 5, 2016, defendant shall complete its additional searches and file a status report disclosing the volume of potentially responsive documents that must be reviewed and proposing a revised schedule for the production of the non-exempt portions of responsive documents subject to FOIA. Plaintiff shall file its response, if any, to defendant's proposed production schedule by February 11, 2016. SO ORDERED. Signed by Judge Amy Berman Jackson on 1/29/2016. (lcabj2) (Entered: 01/29/2016)
2016-01-29		Set/Reset Deadlines: Defendant to complete its additional searches and file a Status Report disclosing the volume of potentially responsive documents that must be reviewed and proposing a revised schedule for the production of the non-exempt portions of responsive documents subject to FOIA by 2/5/2016; Plaintiff shall file its response, if any, to Defendant's proposed production schedule by 2/11/2016. (jth) (Entered: 01/29/2016)
2016-02-05	26	STATUS REPORT by U.S. DEPARTMENT OF STATE. (Prince, Robert) (Entered: 02/05/2016)
2016-02-09	27	NOTICE of Non-Objection by JUDICIAL WATCH, INC. (Orfanedes, Paul) (Entered: 02/09/2016)
2016-02-10		MINUTE ORDER. In light of 27 plaintiff's notice that it does not object to the production schedule proposed in 26 defendant's status report, it is ORDERED that defendant shall make monthly productions of the non-exempt portions of responsive documents subject to FOIA on March 7, 2016 and on April 7, 2016. It is FURTHER ORDERED that the parties shall file a joint report on April 15, 2016, advising the Court of the status of the productions, informing the Court whether there are any outstanding issues to be resolved, and proposing a revised summary judgment briefing schedule, if necessary. Signed by Judge Amy Berman Jackson on 2/10/2016. (lcabj2) (Entered: 02/10/2016)
2016-02-10		Set/Reset Deadlines: The parties shall file a Joint Report advising the Court of the Status of the productions, informing the Court whether there are any outstanding issues to be resolved, and proposing a revised summary judgment briefing schedule, if necessary, by 4/15/2016. (jth) (Entered: 02/10/2016)
2016-04-04	28	NOTICE of Appearance by Michael Bekesha on behalf of JUDICIAL WATCH, INC. (Bekesha, Michael) (Entered: 04/04/2016)
2016-04-15	29	Joint STATUS REPORT by U.S. DEPARTMENT OF STATE. (Prince, Robert) (Entered: 04/15/2016)
2016-04-15		MINUTE ORDER. In light of 29 the parties' joint status report, it is ORDERED that defendant shall file its motion for summary judgment by June 3, 2016; plaintiff shall file either its motion for discovery or its opposition to defendant's motion and cross-motion, if any, by July 5, 2016; defendant shall respond to plaintiff's filing by August 5, 2016; and plaintiff shall file its reply by August 19, 2016. Signed by Judge Amy Berman Jackson on 4/15/2016. (lcabj2) Modified on 4/15/2016 to reflect that defendant's motion for summary judgment is due by June 3, 2016. (jth). (Entered: 04/15/2016)
2016-04-15		Set/Reset Deadlines: Defendant's Motion for Summary Judgment is due by 6/3/2016; Plaintiff shall file either its Motion for Discovery or its Opposition to Defendant's Motion and Cross-Motion, if any, by 7/5/2016; Defendant shall Respond to Plaintiff's filing by 8/5/2016; Plaintiff shall file its Reply by 8/19/2016. (jth) (Entered: 04/15/2016)
2016-06-02	30	Unopposed MOTION for Extension of Time to File Motion for Summary Judgment by U.S. DEPARTMENT OF STATE (Attachments: # 1 Text of Proposed Order)(Prince, Robert) (Entered: 06/02/2016)
2016-06-03		MINUTE ORDER granting defendant's 30 unopposed motion for an extension of time. Defendant's motion for summary judgment shall be due on June 6, 2016. SO ORDERED. Signed by Judge Amy Berman Jackson on 6/3/2016. (lcabj3) (Entered: 06/03/2016)
2016-06-06	31	MOTION for Summary Judgment by U.S. DEPARTMENT OF STATE (Attachments: # 1 Memorandum in Support, # 2 Declaration, # 3 Statement of Facts, # 4 Text of Proposed Order)(Prince, Robert) (Entered: 06/06/2016)
2016-06-28	32	Unopposed MOTION for Extension of Time to File Response/Reply as to 31 MOTION for Summary Judgment by JUDICIAL WATCH, INC. (Attachments: # 1 Text of Proposed Order)(Orfanedes, Paul) (Entered: 06/28/2016)
2016-06-29		MINUTE ORDER granting 32 Plaintiff's Unopposed Motion for Extension of Time to File Response to 31 Motion for Summary Judgment. It is ORDERED that plaintiff's response to the motion for summary judgment is due by July 8, 2016. Signed by Judge Amy Berman Jackson on 6/29/16. (DMK) (Entered: 06/29/2016)
2016-07-08	33	Memorandum in opposition to re 31 MOTION for Summary Judgment filed by JUDICIAL WATCH, INC.. (Attachments: # 1 Declaration of Paul J. Orfanedes, # 2 Text of Proposed Order)(Orfanedes, Paul) (Entered: 07/08/2016)
2016-07-08	34	Cross MOTION for Summary Judgment by JUDICIAL WATCH, INC. (Attachments: # 1 Declaration of Paul J. Orfanedes, # 2 Text of Proposed Order)(Orfanedes, Paul) (Entered: 07/08/2016)
2016-08-02	35	Unopposed MOTION for Extension of Time to File Combined Opposition and Reply by U.S. DEPARTMENT OF STATE (Attachments: # 1 Text of Proposed Order)(Prince, Robert) (Entered: 08/02/2016)
2016-08-03		MINUTE ORDER granting 35 Motion for Extension of Time. Defendant shall have until August 10, 2016, to file its combined reply and opposition to plaintiff's cross-motion. Signed by Judge Amy Berman Jackson on 8/3/2016. (lcabj2) (Entered: 08/03/2016)
2016-08-03		Set/Reset Deadlines: Defendant's combined reply and opposition to plaintiff's cross-motion for summary judgment is due by 8/10/2016. (jth) (Entered: 08/03/2016)
2016-08-09	36	Unopposed MOTION for Extension of Time to File Combined Opposition and Reply by U.S. DEPARTMENT OF STATE (Attachments: # 1 Text of Proposed Order)(Prince, Robert) (Entered: 08/09/2016)
2016-08-10		MINUTE ORDER granting 36 Motion for Extension of Time. Defendant shall have until August 12, 2016, to file its combined reply and opposition to plaintiff's cross-motion. Signed by Judge Amy Berman Jackson on 8/10/2016. (lcabj2) (Entered: 08/10/2016)
2016-08-10		Set/Reset Deadlines: Defendant' combined reply and opposition to plaintiff's cross-motion is due by 8/12/2016. (jth) (Entered: 08/10/2016)
2016-08-12	37	REPLY to opposition to motion re 31 MOTION for Summary Judgment filed by U.S. DEPARTMENT OF STATE. (Attachments: # 1 Declaration, # 2 Statement of Facts)(Prince, Robert) (Entered: 08/12/2016)
2016-08-12	38	Memorandum in opposition to re 34 Cross MOTION for Summary Judgment filed by U.S. DEPARTMENT OF STATE. (Attachments: # 1 Text of Proposed Order, # 2 Declaration, # 3 Statement of Facts)(Prince, Robert) (Entered: 08/12/2016)
2016-08-17	39	Unopposed MOTION for Extension of Time to File Response/Reply as to 34 Cross MOTION for Summary Judgment by JUDICIAL WATCH, INC. (Attachments: # 1 Text of Proposed Order)(Orfanedes, Paul) (Entered: 08/17/2016)
2016-08-18		MINUTE ORDER granting 39 Motion for Extension of Time to File Response/Reply. Plaintiff shall have until August 24, 2016 to file its reply in support of its cross-motion for summary judgment. Signed by Judge Amy Berman Jackson on 8/18/2016. (lcabj2) (Entered: 08/18/2016)
2016-08-18		Set/Reset Deadlines: Plaintiff's Reply in support of its Cross-Motion for Summary Judgment is due by 8/24/2016. (jth) (Entered: 08/18/2016)
2016-08-24	40	REPLY to opposition to motion re 34 Cross MOTION for Summary Judgment filed by JUDICIAL WATCH, INC.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Orfanedes, Paul) (Entered: 08/24/2016)
2016-10-19	41	NOTICE (JOINT) re Parties' Agreement Concerning Defendant's Completion of Searches Transferred from FBI by U.S. DEPARTMENT OF STATE (Prince, Robert) (Entered: 10/19/2016)
2016-10-20		MINUTE ORDER. The parties shall file another status report on or before October 31, 2016. SO ORDERED. Signed by Judge Amy Berman Jackson on 10/20/2016. (lcabj2) (Entered: 10/20/2016)
2016-10-20		Set/Reset Deadlines: The Parties Status Report is due by 10/31/2016. (jth) (Entered: 10/20/2016)
2016-10-27	42	Joint STATUS REPORT by JUDICIAL WATCH, INC.. (Orfanedes, Paul) (Entered: 10/27/2016)
2017-02-07		MINUTE ORDER. In order to assist the Court in making a responsible de novo determination, defendant is directed to deliver to chambers for in camera inspection, on or before February 14, 2017, the documents it has withheld or redacted pursuant to Exemption 5, which are listed in plaintiff's 34 opposition to defendant's motion for summary judgment and in support of plaintiff's cross-motion at pages 10-11. See Ray v. Turner, 587 F.2d 1187, 1195 (D.C. Cir. 1978). SO ORDERED. Signed by Judge Amy Berman Jackson on 2/7/2017. (lcabj2) (Entered: 02/07/2017)
2017-02-07		Set/Reset Deadlines: Defendant's delivery of documents for in camera inspection pursuant to Minute Order entered on 2/7/2017, due by 2/14/2017. (tg) (Entered: 02/07/2017)
2017-02-14	43	NOTICE of Delivery for In Camera Inspection by U.S. DEPARTMENT OF STATE re Order,, (Prince, Robert) (Entered: 02/14/2017)
2017-03-20	44	ORDER. Pursuant to Federal Rules of Civil Procedure 56 and 58, and for the reasons stated in the accompanying Memorandum Opinion, it is hereby ORDERED that 31 defendant's Motion for Summary Judgment is GRANTED IN PART AND DENIED IN PART, and 34 plaintiff's Cross-Motion for Summary Judgment is GRANTED IN PART AND DENIED IN PART. See Order for details. SO ORDERED. Signed by Judge Amy Berman Jackson on 3/20/2017. (lcabj2) (Entered: 03/20/2017)
2017-03-20	45	MEMORANDUM OPINION. Signed by Judge Amy Berman Jackson on 3/20/2017. (lcabj2) (Entered: 03/20/2017)
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