Case Detail

FOIA Project Annotation: Judge Ketanji Brown Jackson has limited the relief available in a suit brought by the Campaign for Accountability to force the Justice Department to make publicly available the opinions of the Office of Legal Counsel because, even though Jackson found she had the authority under FOIA to provide some kind of injunctive relief, CfA had failed to state a claim for which Jackson could grant relief. The case, which is a direct follow-on to CREW's earlier litigation concerning the same records, leaves intact the modicum of relief the D.C. Circuit granted earlier this year �" which was so limited to be nearly worthless �" but leaves completely unanswered the level of agencies' obligation to affirmatively disclose information outside a direct FOIA request. To that extent, it is hard to discern any difference between the requirements outlined in Section (a)(2) �" the affirmative disclosure section of FOIA �" and Section (a)(3) �" which requires the disclosure of non-exempt records in response to a FOIA request. Even though FOIA turned 50 this year, FOIA's affirmative disclosure requirements have rarely been litigated and to the extent that the CREW and CfA cases provide some interpretive guidance, they are valuable for that alone. But they represent such a niggardly interpretation of the remedies available to enforce the affirmative disclosure requirements �" which on paper seem quite expansive and open-ended �" that it is clear that the courts do not consider it their job to enforce those provisions. One of the ironies of the current state of judicial interpretation is that congressional staff spent the years leading up to the passage of the 1996 EFOIA amendments trying to nudge agencies towards disclosing more information without the need of filing a FOIA request. Several years before Congress passed the EFOIA amendments, there was serious discussion of using the Paperwork Reduction Act as a vehicle for forcing agencies to disclose more information electronically. Those changes failed to pass, but they certainly informed the policy discussions that ultimately led to the EFOIA amendments, including such ideas as requiring agencies to make relevant Federal Register notices available electronically, as well as the requirement that agencies post frequently requested records online. Because of the ubiquity of electronic records today, it is hard to remember that a primary motivation for the EFOIA amendments was to provide a legal obligation for agencies to disclose electronic records. Both the 2007 OPEN Government Amendments and the 2016 FOIA amendments contained further requirements obligating agencies to disclose electronic information. In comparison to the policies set by Congress, judicial progress has been glacially slow. When CREW originally filed its suit, neither it nor the Department of Justice believed there was any remedy under FOIA at all. As a result, CREW brought its suit under the Administrative Procedure Act, claiming OLC's failure to post its opinions was arbitrary and capricious. It was not until 2016 when Judge Amit Mehta ruled in the case that a court recognized a remedy directly under FOIA. The appeal to the D.C. Circuit primarily challenged Mehta's ruling that FOIA provided a remedy and that the APA was the wrong statute under which to bring a claim. However, while upholding Mehta's conclusion, the D.C. Circuit relied on Kennecott Utah Copper v. Dept of Interior, 88 F.3d 1191 (D.C. Cir. 1996), to find that a cause of action to enforce the affirmative disclosure requirements of Section (a)(2) only existed when the plaintiff had made a FOIA request and, further, that the only remedy was to require the agency to provide the records to the requester. CfA had asked Jackson to order DOJ to make available all OLC opinions because they constituted the working law of the agencies that requested them. The agency argued that courts did not have the jurisdiction to consider such a request. Referring to the D.C. Circuit's decision in CREW v. Dept of Justice, 845 F.3d 1235 (D.C. Cir. 2017), as providing a "well-marked roadmap for analyzing the government argument," Jackson noted that "while a FOIA plaintiff �" like any other plaintiff �" certainly must plead allegations that are specific enough to state a plausible claim for relief, the FOIA presents no jurisdictional impediment to a court entertaining a request for a broad injunction that is not tethered to specific records." She pointed out that "per CREW, this Court cannot order OLC to 'make available for public inspection and copying' all documents that are subject to the reading-room provision, which is one of the remedies that CfA is seeking. However, this Court is authorized to order that OLC produce any documents that it has improperly withheld in violation of the reading room provision to CfA." She observed that "the instant complaint seeks an order requiring OLC produce to CfA any opinions that are subject to the reading-room provision �" a type of relief that the D.C. Circuit has found to be available under the FOIA's remedial provision." She added that "of course, the fact that such relief is available as a categorical matter does not answer the question of whether CfA is correct on the merits when it argues that such relief is warranted." The agency argued that CfA' s claim was not ripe for adjudication because it was too broad. But Jackson explained instead that "what it appears that OLC is actually saying with its 'ripeness' contention is that CfA cannot possibly mean what its complaint suggests �" 'that all of OLC's controlling legal advice documents fall within § 552(a)(2)(A) or (B)' �" and that if the truth lies somewhere short of that �" i.e., that some OLC opinions do �" this Court cannot possibly identify which opinions must be made public 'in the absence of concrete and granular facts about the circumstances under which any given OLC advice document was prepared.' In this way, the government appears to fault CfA for seeking to advance a claim that is unduly categorical, when OLC's (a)(2) publication duties necessarily involve nuanced, contextual assessments of various types of legal opinions that OLC renders and the circumstances under which it does so." Although Jackson found DOJ's ripeness claim did not hit the mark, she agreed with the agency that the breadth of CfA's request that she order the agency to make available all OLC opinions ran afoul of the D.C. Circuit's ruling in EFF v. Dept of Justice, 739 F. 3d 1 (D.C. Cir. 2014), in which the D.C. Circuit found that an OLC opinion prepared for the FBI did not constitute the working law of the FBI because the agency was free to accept or reject its advice. As a result, Jackson noted that "in order to state a claim that OLC is violating the FOIA, CfA's complaint needs to identify an ascertainable set of OLC opinions that plausibly constitute the law or policy of that agency to which the opinion is addressed, and thus far, CfA's complaint fails to do so." Jackson was satisfied that CfA had since identified two subsets of OLC opinions it contended constituted the working law of the agencies for which they were prepared �" (1) opinions that settled inter-agency disputes pursuant to an Executive Order requiring agencies to submit such disputes to the Attorney General, and (2) opinions for independent agencies for which OLC requires an upfront commitment from the agency to abide by its opinion. She allowed CfA to amend its complaint to ask that those subsets of opinions be made available under Section (a)(2).
Issues: Affirmative disclosure, Litigation - Jurisdiction - Failure to State a Claim

Date Filed	Doc #	Docket Text
2016-06-08	1	COMPLAINT against All Defendants ( Filing fee $ 400 receipt number 0090-4558969) filed by Anne Campaign for Accountability. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons, # 4 Summons)(Weismann, Anne) (Entered: 06/08/2016)
2016-06-08	2	LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by Anne Campaign for Accountability (Weismann, Anne) (Entered: 06/08/2016)
2016-06-08		Case ASSIGNED to Judge Ketanji Brown Jackson. (dr) (Entered: 06/08/2016)
2016-06-08	3	SUMMONS (3) Issued Electronically as to U.S. DEPARTMENT OF JUSTICE (U.S. Attorney and U.S. Attorney General) (Attachment: # 1 Consent Forms)(dr) (Entered: 06/08/2016)
2016-06-13	4	GENERAL ORDER AND GUIDELINES FOR CIVIL CASES BEFORE JUDGE KETANJI BROWN JACKSON. The Court will hold the parties and counsel responsible for following these directives, and parties and counsel should pay particular attention to the Courts instructions for briefing motions. Failure to adhere to this Order may, when appropriate, result the imposition of sanctions and/or sua sponte denial of non-conforming motions. Signed by Judge Ketanji Brown Jackson on 6/13/2016. (lckbj1) (Entered: 06/13/2016)
2016-06-22	5	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 6-10-2016. (Weismann, Anne) (Entered: 06/22/2016)
2016-06-22	6	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF JUSTICE served on 6/22/2016 (Weismann, Anne) Modified party served on 6/23/2016 (znmw). (Entered: 06/22/2016)
2016-06-22	7	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 6/14/2016. Answer due for ALL FEDERAL DEFENDANTS by 7/14/2016. (Weismann, Anne) Modified dates on 6/23/2016 (znmw). (Entered: 06/22/2016)
2016-06-23		Set/Reset Deadlines: Answer due by 7/14/2016, (znmw) (Entered: 06/23/2016)
2016-07-11	8	Joint MOTION for Extension of Time to Respond to Complaint, and for Entry of Briefing Schedule by U.S. DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Schwei, Daniel) (Entered: 07/11/2016)
2016-07-13		MINUTE ORDER granting, for good cause shown, 8 Joint Motion for Extension of Time to Respond to Complaint, and for Entry of Briefing Schedule. Defendant shall file its motion to dismiss on or before 7/21/2016. Plaintiff's reply to the motion to dismiss is due on or before 8/15/2016. Defendant's reply in further support if its motion to dismiss is due on or before 9/1/2016. Signed by Judge Ketanji Brown Jackson on 07/13/2016. (lckbj1) (Entered: 07/13/2016)
2016-07-21	9	MOTION to Dismiss by U.S. DEPARTMENT OF JUSTICE (Attachments: # 1 Memorandum in Support, # 2 Appendix Index of Exhibits, # 3 Exhibit 1 - Letter from CFA to OLC, # 4 Exhibit 2 - Response Letter from OLC to CFA, # 5 Exhibit 3 - OLC Best Practices Memo, # 6 Text of Proposed Order)(Schwei, Daniel) (Entered: 07/21/2016)
2016-08-09	10	Unopposed MOTION for Extension of Time to File Response/Reply as to 9 MOTION to Dismiss by CAMPAIGN FOR ACCOUNTABILITY (Attachments: # 1 Text of Proposed Order)(Weismann, Anne) (Entered: 08/09/2016)
2016-08-11		MINUTE ORDER granting, for good cause shown, 10 Consent Motion for Extension of Time to File Response and Reply re 9 Motion to Dismiss. Plaintiff's response to 9 is due on or before by 8/22/2016; Defendant's reply re 9 is due on or before 9/8/2016. Signed by Judge Ketanji Brown Jackson on 08/11/2016. (lckbj1) (Entered: 08/11/2016)
2016-08-22	11	Memorandum in opposition to re 9 MOTION to Dismiss filed by CAMPAIGN FOR ACCOUNTABILITY. (Attachments: # 1 Text of Proposed Order)(Weismann, Anne) (Entered: 08/22/2016)
2016-09-08	12	REPLY to opposition to motion re 9 MOTION to Dismiss filed by U.S. DEPARTMENT OF JUSTICE. (Schwei, Daniel) (Entered: 09/08/2016)
2016-11-07		MINUTE ORDER. In light of Plaintiff's representation that the D.C. Circuit's resolution of Citizens for Responsibility and Ethics in Washington v. U.S. Department of Justice (D.C. Cir. No. 16-5110) might require dismissal of the instant lawsuit, it is hereby ORDERED that this case is STAYED until further Order of this Court. It is FURTHER ORDERED that the parties shall file a joint status report, no later than 30 days after the D.C. Circuit issues its mandate in Citizens for Responsibility and Ethics in Washington v. U.S. Department of Justice (D.C. Cir. No. 16-5110), describing the parties' respective views regarding any impact of that decision on this case. Signed by Judge Ketanji Brown Jackson on November 7, 2016. (lckbj2) (Entered: 11/07/2016)
2017-03-08	13	NOTICE of Appearance by Scott Allan Hodes on behalf of CAMPAIGN FOR ACCOUNTABILITY (Hodes, Scott) (Entered: 03/08/2017)
2017-03-08	14	NOTICE OF WITHDRAWAL OF APPEARANCE as to CAMPAIGN FOR ACCOUNTABILITY. Attorney Anne L. Weismann terminated. (Weismann, Anne) (Entered: 03/08/2017)
2017-04-26	15	Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Schwei, Daniel) (Entered: 04/26/2017)
2017-05-02		ORDER LIFTING STAY and setting a hearing on Defendant's 9 Motion to Dismiss for July 18, 2017 at 10:30 AM in Courtroom 17 before Judge Ketanji Brown Jackson. Signed by Judge Ketanji Brown Jackson on May 2, 2017. (lckbj2) (Entered: 05/02/2017)
2017-06-20	16	NOTICE of Appearance by Jameel Jaffer on behalf of All Plaintiffs (Jaffer, Jameel) (Entered: 06/20/2017)
2017-06-20	17	MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Alex Abdo, :Firm- Knight First Amendment Institute at Columbia University, :Address- 535 West 116th Street, 314 Low Library, New York, NY 10027. Phone No. - 2128549600. Fax No. - 2128547997 Filing fee $ 100, receipt number 0090-4998929. Fee Status: Fee Paid. by CAMPAIGN FOR ACCOUNTABILITY (Attachments: # 1 Declaration, # 2 Text of Proposed Order)(Jaffer, Jameel) (Entered: 06/20/2017)
2017-06-20		MINUTE ORDER granting 17 Motion for Leave to Appear Pro Hac Vice. It is hereby ORDERED that Alex Abdo is admitted pro hac vice in this matter as counsel for Plaintiff. Signed by Judge Ketanji Brown Jackson on 06/20/2017. (lckbj1) (Entered: 06/20/2017)
2017-07-18		Minute Entry for proceedings held before Judge Ketanji Brown Jackson: Motion Hearing held on 7/18/2017, re 9 MOTION to Dismiss. Oral argument heard and motion taken under advisement. (Court Reporter: Barbara DeVico) (gdf) (Entered: 07/18/2017)
2017-09-29	18	ORDER granting 9 Motion to Dismiss. See attached document for details. Signed by Judge Ketanji Brown Jackson on September 29, 2017. (lckbj2) (Entered: 09/29/2017)
2017-10-06	19	MEMORANDUM OPINION granting 9 Motion to Dismiss. See attached document for details. Signed by Judge Ketanji Brown Jackson on October 6, 2017. (lckbj2) (Entered: 10/06/2017)
2017-10-06	20	ORDER. See attached document for details. Signed by Judge Ketanji Brown Jackson on October 6, 2017. (lckbj2) (Entered: 10/06/2017)
2017-10-10	21	TRANSCRIPT OF PROCEEDINGS before Judge Ketanji Brown Jackson held on 7-18-17; Page Numbers: 1-92. Date of Issuance:10-10-17. Court Reporter/Transcriber Barbara DeVico, Telephone number 202-354-3118, 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, PDF 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 10/31/2017. Redacted Transcript Deadline set for 11/10/2017. Release of Transcript Restriction set for 1/8/2018.(DeVico, Barbara) (Entered: 10/10/2017)
2017-10-27	22	AMENDED COMPLAINT against U.S. DEPARTMENT OF JUSTICE filed by CAMPAIGN FOR ACCOUNTABILITY. (Attachments: # 1 Exhibit Index of Exhibits, # 2 Exhibit Exhibit A - CfA Request (3/22/16), # 3 Exhibit Exhibit B - OLC Response (5/26/2016), # 4 Exhibit Exhibit C - Barron Best Practices Memo (7/16/10), # 5 Exhibit Exhibit D - Bradbury Best Practices Memo (5/16/05), # 6 Exhibit Exhibit E - OLC Opn (SBA Regulations), # 7 Exhibit Exhibit F - OLC Opn (EEOC Monetary Award), # 8 Exhibit Exhibit G - OLC Opn (Back Wages), # 9 Exhibit Exhibit H - OLC Opn (EEOC Monetary Sanctions), # 10 Exhibit Exhibit I - OLC Opn (DOMA and SSA), # 11 Exhibit Exhibit J - OLC Opn (Lobbying), # 12 Exhibit Exhibit K - OLC Opn (USPS v OPM), # 13 Exhibit Exhibit L - OLC Opn (EAJA Fees), # 14 Exhibit Exhibit M - OLC Opn (Direct Reporting), # 15 Exhibit Exhibit N - OLC Opn (Emoluments))(Abdo, Alexander) (Entered: 10/27/2017)
2017-11-15	23	MOTION to Stay re 22 Amended Complaint,,, Pending Submission and Exhaustion of a FOIA Request by U.S. DEPARTMENT OF JUSTICE (Attachments: # 1 Exhibit 1 - Meet and Confer Correspondence, # 2 Text of Proposed Order)(Schwei, Daniel) (Entered: 11/15/2017)
2017-11-16	24	Memorandum in opposition to re 23 MOTION to Stay re 22 Amended Complaint,,, Pending Submission and Exhaustion of a FOIA Request filed by CAMPAIGN FOR ACCOUNTABILITY. (Abdo, Alexander) (Entered: 11/16/2017)
2017-11-17	25	REPLY to opposition to motion re 23 MOTION to Stay re 22 Amended Complaint,,, Pending Submission and Exhaustion of a FOIA Request filed by U.S. DEPARTMENT OF JUSTICE. (Schwei, Daniel) (Entered: 11/17/2017)
2017-12-01		Case reopened. Signed by Judge Ketanji Brown Jackson on 12/1/2017. (lckbj1) (Entered: 12/01/2017)
2017-12-01	26	ORDER granting in part and denying in part 23 Motion to Stay. Signed by Judge Ketanji Brown Jackson on 12/1/2017. (lckbj2) (Entered: 12/01/2017)
2017-12-04		Set/Reset Deadlines: Joint Proposed Schedule due by 1/23/2018. (gdf) (Entered: 12/04/2017)
2018-01-23	27	Joint STATUS REPORT by CAMPAIGN FOR ACCOUNTABILITY. (Attachments: # 1 OLC Response Letter, # 2 OLC Response Enclosures)(Abdo, Alexander) (Entered: 01/23/2018)
2018-01-29		MINUTE ORDER order adopting the parties' proposed briefing schedule. It is hereby ORDERED that Defendant's motion to dismiss is due on or before 2/13/2018; Plaintiff's opposition is due on or before 3/6/2018; and Defendant's reply is due on or before 3/20/2018. Signed by Judge Ketanji Brown Jackson on 1/29/2018. (lckbj1) (Entered: 01/29/2018)
2018-01-31	28	NOTICE of Change of Address by Alexander Abraham Abdo (Abdo, Alexander) (Entered: 01/31/2018)
2018-02-13	29	Renewed MOTION to Dismiss Amended Complaint by U.S. DEPARTMENT OF JUSTICE (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order)(Schwei, Daniel) (Entered: 02/13/2018)
2018-03-06	30	Memorandum in opposition to re 29 Renewed MOTION to Dismiss Amended Complaint filed by CAMPAIGN FOR ACCOUNTABILITY. (Attachments: # 1 Ex. A - Kadzik Letter)(Abdo, Alexander) (Entered: 03/06/2018)
2018-03-20	31	REPLY to opposition to motion re 29 Renewed MOTION to Dismiss Amended Complaint filed by U.S. DEPARTMENT OF JUSTICE. (Schwei, Daniel) (Entered: 03/20/2018)
2018-04-11		MINUTE ORDER setting a motion hearing on 29 Defendant's Renewed Motion to Dismiss on 7/3/2018 at 10:00 AM in Courtroom 17 before Judge Ketanji Brown Jackson. Signed by Judge Ketanji Brown Jackson on 4/11/2018. (lckbj2) (Entered: 04/11/2018)
2018-04-11		Set/Reset Hearings: Motion Hearing set for 7/3/2018 at 10:00 AM in Courtroom 17 before Judge Ketanji Brown Jackson. (gdf) (Entered: 04/11/2018)
2018-04-12	32	Unopposed MOTION for Scheduling Order (Motion to Change Hearing Date) by CAMPAIGN FOR ACCOUNTABILITY (Attachments: # 1 Text of Proposed Order)(Abdo, Alexander) (Entered: 04/12/2018)
2018-04-12		MINUTE ORDER granting 32 Motion for Scheduling Order. Signed by Judge Ketanji Brown Jackson on 4/12/2018. (lckbj2) (Entered: 04/12/2018)
2018-04-12		MINUTE ORDER setting a motion hearing on 29 Defendant's Renewed Motion to Dismiss on 7/20/2018 at 10:00 AM in Courtroom 17 before Judge Ketanji Brown Jackson. Signed by Judge Ketanji Brown Jackson on 4/12/2018. (lckbj2) (Entered: 04/12/2018)
2018-05-09		MINUTE ORDER. It is hereby ORDERED that the Motion Hearing currently set for 7/20/2018 at 10 AM is VACATED and RESET for 7/20/2018 at 10:30 AM in Courtroom 17 before Judge Ketanji Brown Jackson. Signed by Judge Ketanji Brown Jackson on 05/09/2018. (lckbj1) (Entered: 05/09/2018)
2018-07-20		Minute Entry for proceedings held before Judge Ketanji Brown Jackson: Motion Hearing held on 7/20/2018, re 29 Renewed MOTION to Dismiss Amended Complaint. Oral argument heard and motion taken under advisement. (Court Reporter: Crystal Pilgrim) (gdf) (Entered: 07/20/2018)
2018-12-28	33	TRANSCRIPT OF PROCEEDINGS before Judge Ketanji Brown Jackson held on 07/20/2018; Page Numbers: 1-82. Date of Issuance:12/28/18. Court Reporter/Transcriber Crystal M. Pilgrim, Telephone number 202.354.3127, 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 referen ced 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 1/18/2019. Redacted Transcript Deadline set for 1/28/2019. Release of Transcript Restriction set for 3/28/2019.(Pilgrim, Crystal) (Entered: 12/28/2018)
2019-03-18	34	NOTICE OF WITHDRAWAL OF APPEARANCE as to CAMPAIGN FOR ACCOUNTABILITY. Attorney Scott Allan Hodes terminated. (Hodes, Scott) (Entered: 03/18/2019)
2019-05-07	35	NOTICE OF SUPPLEMENTAL AUTHORITY by U.S. DEPARTMENT OF JUSTICE (Schwei, Daniel) (Entered: 05/07/2019)
2019-05-10	36	RESPONSE re 35 NOTICE OF SUPPLEMENTAL AUTHORITY filed by CAMPAIGN FOR ACCOUNTABILITY. (Abdo, Alexander) (Entered: 05/10/2019)
2020-04-30	37	MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Anna Diakun, Filing fee $ 100, receipt number ADCDC-7075967. Fee Status: Fee Paid. by CAMPAIGN FOR ACCOUNTABILITY (Attachments: # 1 Declaration, # 2 Text of Proposed Order)(Jaffer, Jameel) (Entered: 04/30/2020)
2020-05-04		MINUTE ORDER granting 37 Motion for Leave to Appear Pro Hac Vice. It is hereby ORDERED that Anna Diakun is admitted pro hac vice in this matter as counsel for Plaintiff. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). Click for instructions . Signed by Judge Ketanji Brown Jackson on 5/4/2020. (jag) (Entered: 05/04/2020)
2020-05-08	38	NOTICE of Appearance by Anna Diakun on behalf of CAMPAIGN FOR ACCOUNTABILITY (Diakun, Anna) (Entered: 05/08/2020)
2020-05-08	39	NOTICE OF SUPPLEMENTAL AUTHORITY by CAMPAIGN FOR ACCOUNTABILITY (Diakun, Anna) (Entered: 05/08/2020)
2020-09-11	40	MEMORANDUM OPINION, granting in part and denying in part Defendant's 29 Motion to Dismiss Amended Complaint. Signed by Judge Ketanji Brown Jackson on 09/11/2020. (lckbj2) (Main Document 40 replaced on 9/14/2020) (ztnr). (Entered: 09/11/2020)
2020-09-11	41	ORDER, granting in part and denying in part Defendant's 29 Motion to Dismiss Amended Complaint. Signed by Judge Ketanji Brown Jackson on 09/11/2020. (lckbj2) (Entered: 09/11/2020)
2020-09-25	42	ANSWER to 22 Amended Complaint,,, by U.S. DEPARTMENT OF JUSTICE.(Schwei, Daniel) (Entered: 09/25/2020)
2020-11-05		MINUTE ORDER. It is hereby ORDERED that the parties shall promptly confer and shall file a joint proposed schedule for further proceedings, if litigation is going to be necessary, on or before 11/19/2020. Signed by Judge Ketanji Brown Jackson on 11/5/2020. (jag) (Entered: 11/05/2020)
2020-11-10	43	NOTICE of Appearance by Brian C. Rosen-Shaud on behalf of All Defendants (Rosen-Shaud, Brian) (Entered: 11/10/2020)
2020-11-18	44	MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Stephanie Krent, Filing fee $ 100, receipt number ADCDC-7852123. Fee Status: Fee Paid. by CAMPAIGN FOR ACCOUNTABILITY (Attachments: # 1 Declaration, # 2 Text of Proposed Order)(Jaffer, Jameel) (Entered: 11/18/2020)
2020-11-18	45	MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Xiangnong Wang, Filing fee $ 100, receipt number ADCDC-7852153. Fee Status: Fee Paid. by CAMPAIGN FOR ACCOUNTABILITY (Attachments: # 1 Declaration, # 2 Text of Proposed Order)(Jaffer, Jameel) (Entered: 11/18/2020)
2020-11-19	46	Joint STATUS REPORT by CAMPAIGN FOR ACCOUNTABILITY. (Abdo, Alexander) (Entered: 11/19/2020)
2020-11-20		MINUTE ORDER. In light of the representations in the parties' 46 Joint Status Report, it is hereby ORDERED that, on or before 12/3/2020, the parties shall file a further joint status report, which shall include a proposed schedule for further proceedings if litigation is going to be necessary. Signed by Judge Ketanji Brown Jackson on 11/20/2020. (jag) (Entered: 11/20/2020)
2020-11-20		MINUTE ORDER granting 44 , 45 Motion for Leave to Appear Pro Hac Vice. It is hereby ORDERED that Stephanie Krent and Xiangnong Wang are admitted pro hac vice in this matter as counsel for Plaintiff. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). Click for instructions . Signed by Judge Ketanji Brown Jackson on 11/20/2020. (jag) (Entered: 11/20/2020)
2020-12-02	47	NOTICE of Appearance by Stephanie Krent on behalf of CAMPAIGN FOR ACCOUNTABILITY (Krent, Stephanie) (Entered: 12/02/2020)
2020-12-02	48	NOTICE of Appearance by Xiangnong Wang on behalf of CAMPAIGN FOR ACCOUNTABILITY (Wang, Xiangnong) (Entered: 12/02/2020)
2020-12-03	49	Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Rosen-Shaud, Brian) (Entered: 12/03/2020)
2020-12-29		MINUTE ORDER. In light of the representations in the parties' 49 Joint Status Report, it is hereby ORDERED that, on or before 2/12/2021, the parties shall file a further joint status report, which shall include a proposed schedule for further proceedings if litigation is going to be necessary. Signed by Judge Ketanji Brown Jackson on 12/29/2020. (jag) (Entered: 12/29/2020)
2021-01-05	50	Consent MOTION for Extension of Time to File Joint Status Report by U.S. DEPARTMENT OF JUSTICE (Rosen-Shaud, Brian) (Entered: 01/05/2021)
2021-01-07		MINUTE ORDER granting, for good cause shown, 50 Consent Motion for Extension of Time to File Joint Status Report. It is hereby ORDERED that the parties shall file their joint status report on or before 3/29/2021. Signed by Judge Ketanji Brown Jackson on 1/7/2021. (jag) (Entered: 01/07/2021)
2021-02-19	51	Consent MOTION for Extension of Time to File Joint Status Report by U.S. DEPARTMENT OF JUSTICE. (Rosen-Shaud, Brian) (Entered: 02/19/2021)
2021-03-05		MINUTE ORDER granting, for good cause shown, 51 Consent Motion for Extension of Time to File Joint Status Report. It is hereby ORDERED that the parties shall file their status report on or before 4/5/2021. Signed by Judge Ketanji Brown Jackson on 3/5/2021. (jag) (Entered: 03/05/2021)
2021-04-05	52	Joint STATUS REPORT by CAMPAIGN FOR ACCOUNTABILITY. (Abdo, Alexander) (Entered: 04/05/2021)
2021-04-27		MINUTE ORDER. In light of the representations in the parties' 52 Joint Status Report, it is hereby ORDERED that, on or before 5/24/2021, the parties shall file further joint status report, which shall contain a proposed schedule for further proceedings if litigation is going to be necessary. Signed by Judge Ketanji Brown Jackson on 4/27/2021. (jag) Modified on 4/27/2021 (jag, ). (Entered: 04/27/2021)
2021-05-24	53	Joint STATUS REPORT by CAMPAIGN FOR ACCOUNTABILITY. (Abdo, Alexander) (Entered: 05/24/2021)
2021-06-17		MINUTE ORDER adopting the parties' proposed briefing schedule: Defendant shall file its motion for summary judgment on or before 7/9/2021; Plaintiff shall file its opposition and cross-motion for summary judgment on or before 8/6/2021; Defendant shall file its reply and cross-motion opposition on or before 9/2/2021; and Plaintiff shall file its cross-motion reply on or before 9/22/2021. Signed by Judge Ketanji Brown Jackson on 6/17/2021. (jag) (Entered: 06/17/2021)
2021-06-28		Judge Ketanji Brown Jackson has been elevated to serve on the U.S. Court of Appeals for the D.C. Circuit. She is therefore no longer assigned to this case, and this matter has been reassigned to the Calendar Committee, which will oversee it until it is assigned to another district judge. Any questions should be directed to Judge Jackson's former deputy clerk, Gwendolyn Franklin, at 202-354-3145 or gwen_franklin@dcd.uscourts.gov. (rj) (Entered: 06/28/2021)
2021-07-08	54	Unopposed MOTION for Extension of Time to File Motions for Summary Judgment by U.S. DEPARTMENT OF JUSTICE. (Rosen-Shaud, Brian) (Entered: 07/08/2021)
2021-07-09		MINUTE ORDER granting 54 Defendant's Unopposed Motion for Extension of Time: It is hereby ORDERED that Defendant shall file its motion for summary judgment on or before July 15, 2021; Plaintiff shall file its opposition and cross-motion for summary judgment on or before August 12, 2021; Defendant shall file its reply and cross-opposition on or before September 2, 2021; and Plaintiff shall file its cross-reply on or before September 22, 2021. SO ORDERED. Signed by Judge Rudolph Contreras on 7/9/2021. (lcrc1) (Entered: 07/09/2021)
2021-07-12		Set/Reset Deadlines: Cross Motions due by 8/12/2021. Response to Cross Motions due by 9/2/2021. Reply to Cross Motions due by 9/22/2021. Summary Judgment motions due by 7/15/2021. Response to Motion for Summary Judgment due by 8/12/2021. Reply to Motion for Summary Judgment due by 9/2/2021. (zgdf) (Entered: 07/12/2021)
2021-07-15	55	ENTERED IN ERROR.....STIPULATION by U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Exhibit A - Best Practices Memo)(Rosen-Shaud, Brian) Modified on 7/15/2021 (zjf). (Entered: 07/15/2021)
2021-07-15		NOTICE OF CORRECTED DOCKET ENTRY: Document No. re 55 Stipulation was entered in error and counsel was instructed to refile said pleading with signature page. (zjf) (Entered: 07/15/2021)
2021-07-15	56	STIPULATION by U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Exhibit A - Best Practices Memo)(Rosen-Shaud, Brian) (Entered: 07/15/2021)
2021-07-15	57	MOTION for Summary Judgment by U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Text of Proposed Order)(Rosen-Shaud, Brian) (Entered: 07/15/2021)
2021-08-05	58	NOTICE OF WITHDRAWAL OF APPEARANCE as to CAMPAIGN FOR ACCOUNTABILITY. Attorney Xiangnong Wang terminated. (Wang, Xiangnong) (Entered: 08/05/2021)
2021-08-12	59	Cross MOTION for Summary Judgment by CAMPAIGN FOR ACCOUNTABILITY. (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Response to Defendant's Rule 7(h)(1) Statement, # 4 Text of Proposed Order, # 5 Declaration of Stephanie Krent, # 6 Exhibit 1, # 7 Exhibit 2, # 8 Exhibit 3, # 9 Exhibit 4, # 10 Exhibit 5, # 11 Exhibit 6, # 12 Exhibit 7, # 13 Exhibit 8, # 14 Exhibit 9, # 15 Exhibit 10, # 16 Exhibit 11, # 17 Exhibit 12, # 18 Exhibit 13, # 19 Exhibit 14, # 20 Exhibit 15, # 21 Exhibit 16, # 22 Exhibit 17, # 23 Exhibit 18)(Abdo, Alexander) Modified on 8/13/2021 (zjf). (Entered: 08/12/2021)
2021-08-12	60	Memorandum in opposition to re 57 MOTION for Summary Judgment filed by CAMPAIGN FOR ACCOUNTABILITY. (Attachments: # 1 Statement of Facts, # 2 Response to Defendant's Rule 7(h)(1) Statement, # 3 Text of Proposed Order, # 4 Declaration of Stephanie Krent, # 5 Exhibit 1, # 6 Exhibit 2, # 7 Exhibit 3, # 8 Exhibit 4, # 9 Exhibit 5, # 10 Exhibit 6, # 11 Exhibit 7, # 12 Exhibit 8, # 13 Exhibit 9, # 14 Exhibit 10, # 15 Exhibit 11, # 16 Exhibit 12, # 17 Exhibit 13, # 18 Exhibit 14, # 19 Exhibit 15, # 20 Exhibit 16, # 21 Exhibit 17, # 22 Exhibit 18)(Abdo, Alexander) (Entered: 08/12/2021)
2021-08-27	61	Consent MOTION for Extension of Time to File Response/Reply as to 57 MOTION for Summary Judgment , 59 Cross MOTION for Summary Judgment by U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order)(Rosen-Shaud, Brian) (Entered: 08/27/2021)
2021-08-30		MINUTE ORDER: granting 61 Defendant's Consent Motion for Extension of Deadlines. It is hereby ORDERED that Defendant shall file its combined opposition and reply by October 11, 2021, and Plaintiff shall file its reply by November 8, 2021. SO ORDERED. Signed by Judge Rudolph Contreras on 8/30/2021. (lcrc2) (Entered: 08/30/2021)
2021-08-30		Set/Reset Deadlines: Reply to Motion for Summary Judgment and Response to Cross Motion due by 10/11/2021. Reply to Cross Motion due by 11/8/2021. (zgdf) (Entered: 08/30/2021)
2021-10-11	62	Memorandum in opposition to re 59 Cross MOTION for Summary Judgment filed by U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Response to Plaintiff's Rule 7(h)(1) Statement)(Rosen-Shaud, Brian) (Entered: 10/11/2021)
2021-10-11	63	REPLY to opposition to motion re 57 MOTION for Summary Judgment filed by U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Response to Plaintiff's Rule 7(h)(1) Statement)(Rosen-Shaud, Brian) (Entered: 10/11/2021)
2021-11-08	64	REPLY to opposition to motion re 59 Cross MOTION for Summary Judgment filed by CAMPAIGN FOR ACCOUNTABILITY. (Abdo, Alexander) (Entered: 11/08/2021)
2021-11-15		Case directly reassigned to Judge Jia M. Cobb. Judge Ketanji Brown Jackson has been appointed to the D.C. Circuit and is no longer assigned to the case. (rj) (Entered: 11/15/2021)
2022-09-30	65	ENTERED IN ERROR.....Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Rosen-Shaud, Brian) Modified on 9/30/2022 (zed). (Entered: 09/30/2022)
2022-09-30		NOTICE OF ERROR regarding 65 Status Report. The following error(s) need correction: Incorrect document or case. Please refile. (zed) (Entered: 09/30/2022)
2023-01-11	66	MOTION to Set a Date for Oral Argument by CAMPAIGN FOR ACCOUNTABILITY. (Attachments: # 1 Text of Proposed Order)(Krent, Stephanie) (Entered: 01/11/2023)
2023-02-14		MINUTE ORDER. The Parties are ORDERED to appear for a status conference on March 16, 2023, at 2:00 PM. The meeting will be on the record and conducted via Zoom. The Court's Deputy Clerk will contact the Parties with the information necessary to access the call. Signed by Judge Jia M. Cobb on February 14, 2023. (lcjmc3) (Entered: 02/14/2023)
2023-03-13		MINUTE ORDER re 66 Motion to Set a Date for Oral Argument: The Court has now had an opportunity to review the briefing in this case and has determined that an oral argument is not necessary to resolve the case. Accordingly, the Court DENIES the Motion to Set a Date for Oral Argument and VACATES the Status Conference that had been scheduled for March 16, 2023, at 2:00 PM. The Court will work expeditiously to resolve the pending summary judgment motions. Signed by Judge Jia M. Cobb on March 13, 2023. (lcjmc3) (Entered: 03/13/2023)
2024-04-19	67	MEMORANDUM OPINION re 57 Motion for Summary Judgment and 59 Cross Motion for Summary Judgment: See document for details. Signed by Judge Jia M. Cobb on April 19, 2024. (lcjmc3) (Entered: 04/19/2024)
2024-04-19	68	ORDER denying 57 Motion for Summary Judgment; granting 59 Cross Motion for Summary Judgment: See document for details. Signed by Judge Jia M. Cobb on April 19, 2024. (lcjmc3) (Entered: 04/19/2024)
2024-04-30	69	Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Rosen-Shaud, Brian) (Entered: 04/30/2024)
2024-05-02		MINUTE ORDER: In light of the joint status report 69 , the Court ORDERS the Parties to submit a joint status report by June 20, 2024, with a proposed schedule for further proceedings, including the release of responsive records. Signed by Judge Jia M. Cobb on May 2, 2024. (lcjmc3) (Entered: 05/02/2024)
2024-06-18	70	NOTICE OF APPEAL TO DC CIRCUIT COURT as to 68 Order on Motion for Summary Judgment,, Set/Reset Deadlines by U.S. DEPARTMENT OF JUSTICE. Fee Status: No Fee Paid. Parties have been notified. (Rosen-Shaud, Brian) (Entered: 06/18/2024)
2024-06-20	71	Transmission of the Notice of Appeal, Order Appealed (Memorandum Opinion), and Docket Sheet to US Court of Appeals. The Court of Appeals docketing fee was not paid because the appeal was filed by the government re 70 Notice of Appeal to DC Circuit Court. (znmw) (Entered: 06/20/2024)
2024-06-20		USCA Case Number 24-5163 for 70 Notice of Appeal to DC Circuit Court filed by U.S. DEPARTMENT OF JUSTICE. (znmw) (Entered: 06/20/2024)
2024-06-20	72	Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Rosen-Shaud, Brian) (Entered: 06/20/2024)
2024-06-28	73	NOTICE OF CROSS APPEAL as to 18 Order on Motion to Dismiss, 41 Order on Motion to Dismiss, 40 Memorandum & Opinion by CAMPAIGN FOR ACCOUNTABILITY. Filing fee $ 605, receipt number ADCDC-10993884. Fee Status: Fee Paid. Parties have been notified. (Abdo, Alexander) (Entered: 06/28/2024)
2024-07-02		MINUTE ORDER STAYING CASE: The Court has reviewed the Parties' joint status report 72 . At the Parties' request, this case is STAYED pending the D.C. Circuit's resolution of the appeal, ECF 70, and cross appeal, ECF 73. The Parties are ORDERED to submit a joint status report 14 days after the conclusion of appellate proceedings. Signed by Judge Jia M. Cobb on July 2, 2024. (lcjmc3) (Entered: 07/02/2024)
2024-07-03	74	Transmission of the Notice of Appeal, Order Appealed (Memorandum Opinion), and Docket Sheet to US Court of Appeals. The Court of Appeals fee was paid re 73 Notice of Cross Appeal,. (zdp) (Entered: 07/03/2024)
2024-07-05		USCA Case Number 24-5170 for 73 Notice of Cross Appeal, filed by CAMPAIGN FOR ACCOUNTABILITY. (znmw) (Entered: 07/08/2024)
2024-08-05	75	NOTICE OF WITHDRAWAL OF APPEARANCE as to U.S. DEPARTMENT OF JUSTICE. Attorney Brian C. Rosen-Shaud terminated. (Rosen-Shaud, Brian) (Entered: 08/05/2024)
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