Case Detail

FOIA Project Annotation: Judge James Boasberg has ruled that the Office of the Solicitor General has not yet shown that it conducted an adequate search for records concerning changes to Supreme Court opinions after they have been announced. Based on a New York Times article discussing a Harvard Law Review article concerning revisions made by the Supreme Court in its opinions, researcher Ryan Shapiro requested any records concerning the practice from the Office of the Solicitor General. OSG searched is database and found no records. Current OSG attorneys were asked if they knew of any such cases, which resulted in several letters that were disclosed to Shapiro. Shapiro argued the agency's search was insufficient because it had not described the terms used and had not shown why it could not contact former OSG attorneys as well as current attorneys. Boasberg initially indicated that because the agency had not stated that it had searched all files likely to contain responsive records its search on its face was not adequate. Addressing Shapiro's two specific objections, Boasberg pointed out that while OSG had originally failed to identify the search terms it used, it had now done so in its supplemental declaration. Boasberg found this sufficient, noting that "although Shapiro expresses his disdain for the search terms used, he never offers others that he prefers." He agreed with OSG that it could only search the data entry field because it did not have the actual records once a case was completed. As a result, Boasberg explained, "the work would have to be done by hand in each of the agencies to which the records were returned. Plaintiff, moreover, has not even identified a single case by name or date that he wishes targeted. In these circumstances, the Court believes the [database] search adequate." Shapiro argued that in Leopold v. NSA, 2016 WL 3747526 (D.D.C. July 11, 2016), the court had ordered the Office of Legal Counsel to use DOJ's Clearwell electronic discovery software to search for records of former OLC attorneys and that such a method could be used here as well. OSG replied that such a search would likely reveal a number of documents that would most likely be non-responsive. Ordering the agency to conduct the search, Boasberg observed that "this may be true, but Plaintiff. . .sensibly offers more targeted terms that would appear to avoid this dilemma.
Issues: Adequacy - Search

Date Filed	Doc #	Docket Text
2016-03-30	1	COMPLAINT Shapiro against DEPARTMENT OF JUSTICE ( Filing fee $ 400 receipt number 0090-4465753) filed by RYAN SHAPIRO. (Attachments: # 1 Civil Cover Sheet, # 2 Summons Summons DOJ, # 3 Summons Summons USAO)(Pezzoli, Timothy) (Entered: 03/30/2016)
2016-03-30		Case Assigned to Judge James E. Boasberg. (sth) (Entered: 03/30/2016)
2016-03-30	2	SUMMONS (2) Issued Electronically as to DEPARTMENT OF JUSTICE and U.S. Attorney (Attachments: # 1 Summons, # 2 Summons)(sth) (Entered: 03/30/2016)
2016-04-07	3	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 4/6/2016. Answer due for ALL FEDERAL DEFENDANTS by 5/6/2016. (Pezzoli, Timothy) (Entered: 04/07/2016)
2016-04-07	4	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 04/06/2016. (Pezzoli, Timothy) (Entered: 04/07/2016)
2016-04-13	5	NOTICE of Appearance by Tammy Allison Holloway on behalf of All Defendants (Holloway, Tammy) (Entered: 04/13/2016)
2016-05-05	6	Unopposed MOTION for Extension of Time to File Answer or Dispositive Motion by DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Holloway, Tammy) (Entered: 05/05/2016)
2016-05-06		MINUTE ORDER granting 6 Motion for Extension of Time to File. The Court ORDERS that Defendant shall answer or otherwise respond to the Complaint by June 6, 2016. Signed by Judge James E. Boasberg on 5/6/16. (lcjeb3) (Entered: 05/06/2016)
2016-05-06		Set/Reset Deadline: Defendant shall answer or otherwise respond to the Complaint by 6/6/2016. (ad) (Entered: 05/06/2016)
2016-06-03	7	MOTION for Extension of Time to File Answer or Dispositive Motion by DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Holloway, Tammy) (Entered: 06/03/2016)
2016-06-06		MINUTE ORDER: To the extent Plaintiff opposes Defendant's 7 Motion, the Court ORDERS that Plaintiff shall file an Opposition by June 9, 2016. Signed by Judge James E. Boasberg on 6/6/16. (lcjeb3) (Entered: 06/06/2016)
2016-06-06		Set/Reset Deadline: Plaintiff shall file an Opposition by 6/9/2016. (ad) (Entered: 06/06/2016)
2016-06-07	8	Memorandum in opposition to re 7 MOTION for Extension of Time to File Answer or Dispositive Motion filed by RYAN SHAPIRO. (Attachments: # 1 Text of Proposed Order Proposed Order)(Pezzoli, Timothy) (Entered: 06/07/2016)
2016-06-08		MINUTE ORDER granting 7 Motion for Extension of Time to File. The Court ORDERS that Defendant shall answer or otherwise respond to Plaintiff's Complaint by July 6, 2016. Signed by Judge James E. Boasberg on 6/8/16. (lcjeb3) (Entered: 06/08/2016)
2016-06-09		Set/Reset Deadline: The Defendant shall answer or otherwise respond to Plaintiff's Complaint by 7/6/2016. (ad) (Entered: 06/09/2016)
2016-06-29	9	NOTICE of Appearance by Joseph Creed Kelly on behalf of RYAN SHAPIRO (Kelly, Joseph) (Entered: 06/29/2016)
2016-07-06	10	MOTION for Summary Judgment by DEPARTMENT OF JUSTICE (Attachments: # 1 Statement of Facts, # 2 Exhibit)(Holloway, Tammy) (Entered: 07/06/2016)
2016-07-06	11	ERRATA re 10 by DEPARTMENT OF JUSTICE. (Attachments: # 1 Motion for Summary Judgment and Memorandum in Support)(Holloway, Tammy) Modified on 7/7/2016 (zrdj). (Entered: 07/06/2016)
2016-07-07	12	ERRATA by DEPARTMENT OF JUSTICE. (Attachments: # 1 Certificate of Service)(Holloway, Tammy) (Entered: 07/07/2016)
2016-07-07	13	NOTICE OF WITHDRAWAL OF APPEARANCE as to RYAN SHAPIRO. Attorney Timothy J. Pezzoli terminated. (Pezzoli, Timothy) (Entered: 07/07/2016)
2016-07-25	14	Cross MOTION for Summary Judgment by RYAN SHAPIRO (Attachments: # 1 Memorandum in Support of Plaintiff's Cross Motion for Summary Judgment and Opposition to Defendant's Motion for Summary Judgment, # 2 Statement of Facts Response to Defendant's Statement of Facts, # 3 Text of Proposed Order, # 4 Exhibit Excerpt of law review article)(Kelly, Joseph) (Entered: 07/25/2016)
2016-08-03	15	MOTION for Extension of Time to File Response/Reply by DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Holloway, Tammy) (Entered: 08/03/2016)
2016-08-04		MINUTE ORDER granting 15 Motion for Extension of Time to File. The Court ORDERS that Defendant's reply in support of its motion and opposition to Plaintiff's cross-motion shall be filed by August 11, 2016. Signed by Judge James E. Boasberg on 8/4/16. (lcjeb3) (Entered: 08/04/2016)
2016-08-05		Set/Reset Deadline: Defendant's reply in support of its motion and opposition to Plaintiff's cross-motion shall be filed by 8/11/2016. (ad) (Entered: 08/05/2016)
2016-08-11	16	Unopposed MOTION for Extension of Time to file a consolidated reply and opposition to Plaintiffs Cross Motion for Summary Judgment by DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Holloway, Tammy) (Entered: 08/11/2016)
2016-08-12		MINUTE ORDER granting Unopposed 16 Motion for Extension of Time to File. The Court ORDERS that Defendant shall file its consolidated reply and opposition by August 19, 2016. Signed by Judge James E. Boasberg on 8/12/16. (lcjeb3) (Entered: 08/12/2016)
2016-08-12		Set/Reset Deadline: Defendant shall file its consolidated reply and opposition by 8/19/2016. (ad) (Entered: 08/12/2016)
2016-08-19	17	Unopposed MOTION for Extension of Time to File Response/Reply to Plaintiffs Cross Motion for Summary Judgment by DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Holloway, Tammy) (Entered: 08/19/2016)
2016-08-22		MINUTE ORDER granting Unopposed 17 Motion for Extension of Time to File. The Court ORDERS that Defendant shall file a consolidated reply and opposition to Plaintiff's Cross-Motion for Summary Judgment by August 22, 2016. Signed by Judge James E. Boasberg on 8/22/16. (lcjeb3) (Entered: 08/22/2016)
2016-08-22	18	REPLY to opposition to motion re 10 MOTION for Summary Judgment and Opposition to Plaintiff's Cross Motion for Summary Judgment filed by DEPARTMENT OF JUSTICE. (Attachments: # 1 Exhibit, # 2 Text of Proposed Order, # 3 Statement of Facts (Reply), # 4 Supplement to Statement of Material Facts)(Holloway, Tammy) (Entered: 08/22/2016)
2016-08-22		Set/Reset Deadline: Defendant shall file a consolidated reply and opposition to Plaintiff's Cross-Motion for Summary Judgment by 8/22/2016. (ad) (Entered: 08/23/2016)
2016-09-01	19	MOTION for Extension of Time to File Response/Reply by RYAN SHAPIRO (Attachments: # 1 Text of Proposed Order)(Kelly, Joseph) (Entered: 09/01/2016)
2016-09-02		MINUTE ORDER: The Court ORDERS that Plaintiff shall file a notice of compliance with LCvR 7(m) by September 2, 2016. Signed by Judge James E. Boasberg on 09/02/16. (lcjeb3) (Entered: 09/02/2016)
2016-09-02	20	NOTICE of Compliance with LCvR 7(m) by RYAN SHAPIRO (Kelly, Joseph) (Entered: 09/02/2016)
2016-09-02		MINUTE ORDER granting 19 Motion for Extension of Time to File. The Court ORDERS that Plaintiff shall file its reply on or before September 8, 2016. Signed by Judge James E. Boasberg on 09/02/2016. (lcjeb3) (Entered: 09/02/2016)
2016-09-06		Set/Reset Deadlines: Plaintiff's reply due by 9/8/2016. (tg) (Entered: 09/06/2016)
2016-09-08	21	REPLY to opposition to motion re 14 Cross MOTION for Summary Judgment filed by RYAN SHAPIRO. (Kelly, Joseph) (Entered: 09/08/2016)
2016-10-11	22	ORDER GRANTING IN PART and DENYING IN PART Defendant's 10 Motion for Summary Judgment; GRANTING IN PART and DENYING IN PART Plaintiff's 14 Cross-Motion for Summary Judgment. The parties shall submit a joint status report by October 25, 2016, setting forth a proposed schedule for further proceedings in this case. Signed by Judge James E. Boasberg on 10/11/16. (lcjeb2) (Entered: 10/11/2016)
2016-10-11	23	MEMORANDUM OPINION re 22 Order on Motions for Summary Judgment. Signed by Judge James E. Boasberg on 10/11/16. (lcjeb2) (Entered: 10/11/2016)
2016-10-11		Set/Reset Deadline: The parties shall submit a joint status report by 10/25/2016, setting forth a proposed schedule for further proceedings in this case. (ad) (Entered: 10/11/2016)
2016-10-25	24	Joint STATUS REPORT AND PROPOSED BRIEFING SCHEDULE by DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order)(Holloway, Tammy) (Entered: 10/25/2016)
2016-10-26		MINUTE ORDER: The Court adopts 24 the parties' proposed briefing schedule. The Court ORDERS that the following schedule shall govern: 1) The parties shall file a Joint Status Report on or before November 25, 2016; 2) Defendant shall file a renewed Motion for Summary Judgment on or before December 27, 2016; 3) Plaintiff shall file and serve its Opposition no later than 30 days after Defendant files its renewed Motion for Summary Judgment; and 4) Defendant shall file its Reply no later than 20 days after Plaintiff's Opposition. Signed by Judge James E. Boasberg on 10/26/16. (lcjeb3) (Entered: 10/26/2016)
2016-10-27		Set/Reset Deadlines: The parties shall file a Joint Status Report on or before 11/25/2016; Defendant shall file a renewed Motion for Summary Judgment on or before 12/27/2016). (ad) (Entered: 10/27/2016)
2016-11-23	25	Joint STATUS REPORT by DEPARTMENT OF JUSTICE. (Holloway, Tammy) (Entered: 11/23/2016)
2016-12-23	26	Joint STATUS REPORT and Proposed Amended Briefing Schedule by DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order)(Holloway, Tammy) (Entered: 12/23/2016)
2016-12-23		MINUTE ORDER: Pursuant to the parties' 26 Joint Status Report and Proposed Briefing Schedule, the Court ORDERS that (1) Defendant shall search through the potentially responsive documents it has located at a rate of 1,000 items per month, (2) Defendant shall release responsive documents to Plaintiff on a rolling monthly basis, beginning on January 27, 2017, and to be completed no later than June 27, 2017, and (3) after the final release, Defendant shall file its motion for summary judgment within 60 days, Plaintiff shall file his opposition within 30 days following that motion, and Defendant shall file its reply within 20 days thereafter. Signed by Judge James E. Boasberg on 12/23/16. (lcjeb2) (Entered: 12/23/2016)
2016-12-23		Set/Reset Deadlines: Initial Disclosure due by 1/27/2017. Responsive Documents due by 6/27/2017. (zlsj) (Entered: 12/23/2016)
2017-07-04	27	NOTICE OF SUBSTITUTION OF COUNSEL by Brian J. Field on behalf of All Defendants Substituting for attorney Tammy Holloway (Field, Brian) (Entered: 07/04/2017)
2017-08-07	28	Joint MOTION to Vacate Briefing Schedule by DEPARTMENT OF JUSTICE (Field, Brian) (Entered: 08/07/2017)
2017-08-08		MINUTE ORDER GRANTING 28 Joint Motion to Vacate Briefing Schedule. The Court ORDERS that: 1) All existing deadlines are vacated; and 2) the Parties shall file a Joint Status Report on or before September 5, 2017, if they have not filed a stipulation of dismissal of this matter by that date. Signed by Judge James E. Boasberg on 8/8/2017. (lcjeb3) (Entered: 08/08/2017)
2017-08-08		Set/Reset Deadlines: Joint Status Report due by 9/5/2017. (nbn) (Entered: 08/10/2017)
2017-09-05	29	Joint STATUS REPORT by DEPARTMENT OF JUSTICE. (Field, Brian) (Entered: 09/05/2017)
2017-09-06		MINUTE ORDER: Per the parties' 29 Report, the Court ORDERS that the parties shall, by September 12, 2017, submit either a stipulation of dismissal or a further joint status report. Signed by Judge James E. Boasberg on 9/6/17. (lcjeb1) (Entered: 09/06/2017)
2017-09-06		ENTERED IN ERROR.....MINUTE ORDER: Per agreement in today's discovery conference call from Chambers, the Court ORDERS that fact discovery shall be extended through September 29, 2017, for the sole purpose of taking Plaintiff's deposition. Signed by Judge James E. Boasberg on 9/6/17. (lcjeb1) Modified on 9/6/2017 (nbn). (Entered: 09/06/2017)
2017-09-06		Set/Reset Deadlines: Joint Status Report due by 9/12/2017. (nbn) (Entered: 09/06/2017)
2017-09-07	30	STIPULATION of Dismissal and Settlement by DEPARTMENT OF JUSTICE. (Field, Brian) (Entered: 09/07/2017)
2017-09-07		MINUTE ORDER: Per the parties' 30 Stipulation of Dismissal, the Court ORDERS that the case is DISMISSED WITH PREJUDICE. Signed by Judge James E. Boasberg on 9/7/17. (lcjeb1) (Entered: 09/07/2017)
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