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Case TitleVANNIER v. U.S. DEPARTMENT OF JUSTICE
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2015cv01548
Date Filed2015-09-22
Date Closed2018-01-15
JudgeJudge Amit P. Mehta
PlaintiffMERRELL VANNIER
Case DescriptionMerrell Vannier, a former member of the Church of Scientology who had been investigated by the FBI for his church membership, made two requests to the FBI. The first request asked for records about himself and his relationship to the Church. The second request asked for records about Gabriel Cazares, who Vannier said had been interviewed by the FBI concerning Vannier's relationship with the Church. After some back and forth with the agency, Vannier was persuaded to narrow his request so that it would be processed more quickly. He also requested classification in the news media fee category. However, he later agreed to commit to paying up to $1000 for costs associated with his request. Vannier appealed the agency's classification, but hearing nothing further from the agency, Vannier filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Attorney's fees

DefendantU.S. DEPARTMENT OF JUSTICE
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2015-09-221COMPLAINT against U.S. DEPARTMENT OF JUSTICE ( Filing fee $ 400 receipt number 0090-4252744) filed by MERRELL VANNIER. (Attachments: # 1 Summons, # 2 Civil Cover Sheet)(Hodes, Scott) (Entered: 09/22/2015)
2015-09-22Case Assigned to Judge Amit P. Mehta. (rd) (Entered: 09/22/2015)
2015-09-222SUMMONS (3) Issued Electronically as to U.S. DEPARTMENT OF JUSTICE, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Consent Form, # 2 Notice of Consent)(rd) (Entered: 09/22/2015)
2015-10-013RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 9/28/2015. Answer due for ALL FEDERAL DEFENDANTS by 10/28/2015. (Hodes, Scott) (Entered: 10/01/2015)
2015-10-014RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 09/28/2015. (Hodes, Scott) (Entered: 10/01/2015)
2015-10-015RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF JUSTICE served on 9/28/2015 (Hodes, Scott) (Entered: 10/01/2015)
2015-10-236Consent MOTION for Extension of Time to File Answer re 1 Complaint by U.S. DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Ross, Carl) (Entered: 10/23/2015)
2015-10-26MINUTE ORDER granting 6 Consent Motion for Extension of Time to File Response. It is further ordered that Defendant's Response to Plaintiff's Complaint is due on or before November 23, 2015. Signed by Judge Amit P. Mehta on 10/26/2015. (lcapm1) (Entered: 10/26/2015)
2015-10-26Set/Reset Deadlines/Hearings: Response to Complaint due by 11/23/2015. (cdw) (Entered: 10/27/2015)
2015-11-307Unopposed MOTION for Extension of Time to File Answer re 1 Complaint by U.S. DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Ross, Carl) (Entered: 11/30/2015)
2015-12-02MINUTE ORDER granting, nunc pro tunc to November 23, 2015, 7 Motion for Extension of Time to Respond to the Complaint. It is further ordered that Defendant's Response to the Complaint is to be filed on or before December 21, 2015. No further extensions will be granted absent good cause. Signed by Judge Amit P. Mehta on 12/02/2015. (lcapm1) (Entered: 12/02/2015)
2015-12-02Set/Reset Deadlines/Hearings: Response to Complaint due by 12/21/2015. (cdw) (Entered: 12/03/2015)
2015-12-238MOTION for Extension of Time to File Answer re 1 Complaint by U.S. DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Ross, Carl) (Entered: 12/23/2015)
2015-12-239ANSWER to Complaint by U.S. DEPARTMENT OF JUSTICE.(Ross, Carl) (Entered: 12/23/2015)
2015-12-28MINUTE ORDER granting, nunc pro tunc to December 23, 2015, 8 Defendant's Motion for Extension of Time to file an Answer or otherwise respond to Plaintiff's Complaint. Defendant's Answer, filed on December 23, 2015, shall be considered timely. Signed by Judge Amit P. Mehta on 12/28/2015. (lcapm3) (Entered: 12/28/2015)
2015-12-2810ORDER: Both a Complaint and an Answer are now before the court in this FOIA case. It is hereby ordered that the parties shall meet and confer and file a Joint Status Report on or before January 11, 2016. Please see the attached Order for additional details. Signed by Judge Amit P. Mehta on 12/28/2015. (lcapm3) (Entered: 12/28/2015)
2015-12-28Set/Reset Deadlines/Hearings: Joint Status Report due by 1/11/2016. (cdw) (Entered: 12/29/2015)
2016-01-1111STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Ross, Carl) (Entered: 01/11/2016)
2016-01-13MINUTE ORDER: As proposed in their Joint Status Report of January 11, 2016, the parties shall file another Joint Status Report, which addresses the outstanding items that the court had requested in the previous status report, on or before February 25, 2016. Signed by Judge Amit P. Mehta on 01/13/2016. (lcapm1) (Entered: 01/13/2016)
2016-01-13Set/Reset Deadlines/Hearings: Joint Status Report due by 2/25/2016. (cdw) (Entered: 01/13/2016)
2016-02-2412Consent MOTION for Extension of Time to File Joint Status Report by U.S. DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Ross, Carl) (Entered: 02/24/2016)
2016-02-25MINUTE ORDER granting 12 Consent Motion for Extension of Time to File Joint Status Report. It is further ordered that parties' Joint Status Report is to be filed on or before February 29, 2016. Signed by Judge Amit P. Mehta on 02/25/2016. (lcapm1) (Entered: 02/25/2016)
2016-02-26Set/Reset Deadlines: Joint Status Report due by 2/29/2016. (zmm) (Entered: 02/26/2016)
2016-03-0113STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Ross, Carl) (Entered: 03/01/2016)
2016-03-01MINUTE ORDER: The parties shall file another Joint Status Report, which addresses any outstanding items, on or before May 31, 2016. Signed by Judge Amit P. Mehta on 03/01/2016. (lcapm1) (Entered: 03/01/2016)
2016-03-02Set/Reset Deadlines: Joint Status Report due by 5/31/2016. (zmm) (Entered: 03/02/2016)
2016-05-3114STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Ross, Carl) (Entered: 05/31/2016)
2016-06-01MINUTE ORDER: The parties shall file another Joint Status Report, which addresses any outstanding items, on or before August 30, 2016. Signed by Judge Amit P. Mehta on 06/01/2016. (lcapm1) (Entered: 06/01/2016)
2016-06-01Set/Reset Deadlines/Hearings: Joint Status Report due by 8/30/2016. (cdw) (Entered: 06/02/2016)
2016-08-3115STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Ross, Carl) (Entered: 08/31/2016)
2016-09-01MINUTE ORDER: The parties shall file another Joint Status Report, which addresses any outstanding items, on or before October 20, 2016. Signed by Judge Amit P. Mehta on 09/01/2016. (lcapm1) (Entered: 09/01/2016)
2016-09-01Set/Reset Deadlines: Joint Status Report due by 10/20/2016. (mac) (Entered: 09/01/2016)
2016-10-2016STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Ross, Carl) (Entered: 10/20/2016)
2016-10-24MINUTE ORDER: The parties shall file on or before November 21, 2016, either a Stipulation of Dismissal or another Joint Status Report that details any outstanding issues that remain with respect to Defendant's search and production and, if necessary, proposes a summary judgment briefing schedule. Signed by Judge Amit P. Mehta on 10/24/2016. (lcapm1) (Entered: 10/24/2016)
2016-10-24Set/Reset Deadlines/Hearings: Stipulation of Dismissal or Joint Status Report due by 11/21/2016. (cdw) (Entered: 10/24/2016)
2016-11-28MINUTE ORDER: The parties were required to file a Joint Status Report on or before November 21, 2016, but did not do so. The parties are directed to file a Joint Status Report no later than December 2, 2016. Signed by Judge Amit P. Mehta on 11/28/2016. (lcapm1) (Entered: 11/28/2016)
2016-11-28Set/Reset Deadlines/Hearings: Joint Status Report due by 12/2/2016. (cdw) (Entered: 11/29/2016)
2016-12-0217Joint STATUS REPORT by MERRELL VANNIER. (Hodes, Scott) (Entered: 12/02/2016)
2016-12-02MINUTE ORDER: The parties shall file on or before December 16, 2016, either a Stipulation of Dismissal or another Joint Status Report. Signed by Judge Amit P. Mehta on 12/02/2016. (lcapm1) (Entered: 12/02/2016)
2016-12-02Set/Reset Deadlines/Hearings: Stipulation of Dismissal or Joint Status Report due by 12/16/2016. (cdw) (Entered: 12/05/2016)
2016-12-1618Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order)(Ross, Carl) (Entered: 12/16/2016)
2016-12-1619ORDER entering the briefing schedule proposed in the Parties' 18 Joint Status Report. The schedule for further proceedings in this matter is as follows: (1) Defendant's Motion for Summary Judgment is due on or before February 14, 2017; (2) Plaintiff's Opposition to Defendant's Motion is due on or before March 17, 2017; and (3) Defendant's Reply to Plaintiff's Opposition is due on or before March 31, 2017. See the attached Order for additional details. Signed by Judge Amit P. Mehta on 12/16/2016. (lcapm1) (Entered: 12/16/2016)
2017-01-1820NOTICE OF SUBSTITUTION OF COUNSEL by Melanie Dyani Hendry on behalf of U.S. DEPARTMENT OF JUSTICE Substituting for attorney Carl Ross (Hendry, Melanie) (Entered: 01/18/2017)
2017-02-1021Consent MOTION for Extension of Time to File Summary Judgment Motion by U.S. DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Hendry, Melanie) (Entered: 02/10/2017)
2017-02-13MINUTE ORDER granting Defendant's 21 Consent Motion for Extension of Time and amending the schedule for further proceedings in this matter as follows: (1) Defendant's Motion for Summary Judgment is due on or before March 7, 2017; (2) Plaintiff's Opposition to Defendant's Motion is due on or before April 7, 2017; and (3) Defendant's Reply to Plaintiff's Opposition is due on or before April 21, 2017. Signed by Judge Amit P. Mehta on 02/13/2017. (lcapm1) (Entered: 02/13/2017)
2017-02-13Set/Reset Deadlines/Hearings: Defendant's Summary Judgment motion due by 3/7/2017. Response to Motion for Summary Judgment due by 4/7/2017. Reply to Motion for Summary Judgment due by 4/21/2017. (cdw) (Entered: 02/13/2017)
2017-03-0722MOTION for Summary Judgment by U.S. DEPARTMENT OF JUSTICE (Attachments: # 1 Declaration of David M. Hardy, # 2 Statement of Facts)(Hendry, Melanie) (Attachment 1 replaced on 3/8/2017) (td). (Entered: 03/07/2017)
2017-04-0623Cross MOTION for Summary Judgment by MERRELL VANNIER (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Declaration Declaration of Merrell Vannier, # 4 Exhibit Exhibit A to Vannier Decl., # 5 Exhibit Exhibit B to Vannier Decl., # 6 Declaration Kohlweck Decl., # 7 Text of Proposed Order)(Hodes, Scott) (Entered: 04/06/2017)
2017-04-0624Memorandum in opposition to re 22 MOTION for Summary Judgment filed by MERRELL VANNIER. (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Declaration Declaration of Merrell Vannier, # 4 Exhibit Exhibit A to Vannier Decl., # 5 Exhibit Exhibit B to Vannier Decl., # 6 Declaration Kohlweck Decl., # 7 Text of Proposed Order)(Hodes, Scott) (Entered: 04/06/2017)
2017-04-1725Consent MOTION for Extension of Time to File Response/Reply as to 23 Cross MOTION for Summary Judgment , 22 MOTION for Summary Judgment by U.S. DEPARTMENT OF JUSTICE (Attachments: # 1 Proposed Order)(Hendry, Melanie) (Entered: 04/17/2017)
2017-04-17MINUTE ORDER granting Defendant's 25 Consent Motion for Extension of Time to File Response/Reply. The briefing schedule is amended as follows: (1) Defendant's Reply to Plaintiff's Opposition to Defendant's Motion for Summary Judgment and Opposition to Plaintiff's Cross-Motion for Summary Judgment now shall be due on or before May 5, 2017; and (2) Plaintiff's Reply to Defendant's Opposition to Plaintiff's Cross-Motion for Summary Judgment now shall be due on or before May 19, 2017. Signed by Judge Amit P. Mehta on 04/17/2017. (lcapm1) (Entered: 04/17/2017)
2017-04-17Set/Reset Deadlines/Hearings: Defendant's reply to Motion for Summary Judgment due by 5/5/2017. Defendant's response to Cross Motion due by 5/5/2017. Plaintiff's reply to Cross Motion due by 5/19/2017. (cdw) (Entered: 04/18/2017)
2017-05-0426REPLY to opposition to motion re 22 MOTION for Summary Judgment filed by U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Declaration of David M. Hardy)(Hendry, Melanie) (Attachment 1 replaced on 5/5/2017) (td). (Entered: 05/04/2017)
2017-05-0427RESPONSE re 23 Cross MOTION for Summary Judgment filed by U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Declaration of David M. Hardy, # 2 Response to Statement of Facts)(Hendry, Melanie) (Attachment 1 replaced on 5/5/2017) (td). (Entered: 05/04/2017)
2017-05-1928REPLY to opposition to motion re 23 Cross MOTION for Summary Judgment filed by MERRELL VANNIER. (Attachments: # 1 Declaration)(Hodes, Scott) (Entered: 05/19/2017)
2017-05-1929ERRATA Corrected Declaration/Exhibit C by MERRELL VANNIER 28 Reply to opposition to Motion filed by MERRELL VANNIER. (Attachments: # 1 Declaration)(Hodes, Scott) (Entered: 05/19/2017)
2017-11-03MINUTE ORDER. Pursuant to the telephone conference held on November 3, 2017, the parties shall file a Joint Status Report, on or before November 10, 2017, that updates the court as to whether this matter can be resolved by a search of the three FBI Headquarters files identified in the Second Declaration of David M. Hardy, ECF No. 27-1, paragraph 6. Signed by Judge Amit P. Mehta on 11/03/2017. (lcapm1) (Entered: 11/03/2017)
2017-11-03Set/Reset Deadlines/Hearings: Joint Status Report due by 11/10/2017. (zcdw) (Entered: 11/05/2017)
2017-11-0930Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Hendry, Melanie) (Entered: 11/09/2017)
2017-11-10MINUTE ORDER. The parties shall next file a Joint Status Report concerning the prospect for settlement of this matter no later than November 17, 2017. Signed by Judge Amit P. Mehta on 11/10/2017. (lcapm1) (Entered: 11/10/2017)
2017-11-10Set/Reset Deadlines/Hearings: Joint Status Report due by 11/17/2017. (zcdw) (Entered: 11/10/2017)
2017-11-1731Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Hendry, Melanie) (Entered: 11/17/2017)
2017-11-17MINUTE ORDER. The parties shall next file a Joint Status Report concerning the prospect for settlement of this matter no later than December 1, 2017. Signed by Judge Amit P. Mehta on 11/17/2017. (lcapm1) (Entered: 11/17/2017)
2017-11-17Set/Reset Deadlines/Hearings: Joint Status Report due by 12/1/2017. (zcdw) (Entered: 11/17/2017)
2017-12-0132Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Hendry, Melanie) (Entered: 12/01/2017)
2017-12-04MINUTE ORDER. In light of the parties' 32 Joint Status Report, the parties shall file an additional status report updating the court on the progress of settlement no later than January 10, 2018, unless on or before that date the parties file a stipulation of dismissal. Signed by Judge Amit P. Mehta on 12/04/2017. (lcapm1) (Entered: 12/04/2017)
2017-12-04Set/Reset Deadlines/Hearings: Joint Status Report due by 1/10/2018. (zcdw) (Entered: 12/05/2017)
2018-01-1033NOTICE of Voluntary Dismissal by U.S. DEPARTMENT OF JUSTICE (Hendry, Melanie) (Entered: 01/10/2018)
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