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Case TitleROSS v. U.S. DEPARTMENT OF STATE
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2017cv00067
Date Filed2017-01-11
Date Closed2017-12-13
JudgeJudge Tanya S. Chutkan
PlaintiffMICHAEL ROSS
Case DescriptionMichael Ross, a State Department employee, submitted a FOIA request to the Department of State for records concerning the agency's decision to fill the Bureau of Overseas Building Operations Executive Director vacancy on a non-competitive basis. Ross also submitted a second FOIA request for records concerning climate surveys conducted by the Office of the Ombudsman for the Bureau of Overseas Building Operations. Ross submitted a third FOIA request for records concerning the Islamabad and Moscow Project Directors. The agency acknowledged receipt of all three requests, but after hearing nothing further from the agency as to when the requests would be completed, Ross filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantU.S. DEPARTMENT OF STATE
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2017-01-111COMPLAINT against MICHAEL ROSS ( Filing fee $ 400 receipt number 0090-4803238) filed by MICHAEL ROSS. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons, # 4 Summons)(Atkinson, Katherine) (Entered: 01/11/2017)
2017-01-122CIVIL COVER SHEET Corrected by MICHAEL ROSS re 1 Complaint filed by MICHAEL ROSS. Related document: 1 Complaint filed by MICHAEL ROSS.(Atkinson, Katherine) (Entered: 01/12/2017)
2017-01-13Case Assigned to Judge Tanya S. Chutkan. (sb) (Entered: 01/13/2017)
2017-01-17SUMMONS Not Issued as to U.S. DEPARTMENT OF STATE, U.S. Attorney, and U.S. Attorney General.....INCORRECT SUMMONS SUBMITTED AT THE TIME COMPLAINT WAS FILED. (zsb) (Entered: 01/17/2017)
2017-01-173REQUEST FOR SUMMONS TO ISSUE filed by MICHAEL ROSS. (Attachments: # 1 Summons, # 2 Summons)(Atkinson, Katherine) (Entered: 01/17/2017)
2017-01-184SUMMONS (3) Issued Electronically as to U.S. DEPARTMENT OF STATE, U.S. Attorney and U.S. Attorney General (znmw) (Entered: 01/18/2017)
2017-02-245Consent MOTION for Extension of Time to Answer or Otherwise Respond to Complaint by U.S. DEPARTMENT OF STATE (Attachments: # 1 Proposed Order)(Simon, Jeremy) (Entered: 02/24/2017)
2017-02-28MINUTE ORDER: Granting 5 Consent Motion for Extension of Time to File Answer. Defendant shall answer or otherwise respond to the Complaint by March 27, 2017. Signed by Judge Tanya S. Chutkan on 2/28/17. (DJS) (Entered: 02/28/2017)
2017-03-01Set/Reset Deadlines: Answer due by 3/27/2017. (tb) (Entered: 03/01/2017)
2017-03-276ANSWER to Complaint by U.S. DEPARTMENT OF STATE.(Simon, Jeremy) (Entered: 03/27/2017)
2017-04-03MINUTE ORDER: Before the Court in this FOIA case are a complaint and an answer. The requirements of LCvR 16.3 and Rule 26(f) of the Federal Rules of Civil procedure appear to be inapplicable. IT IS HEREBY ORDERED that the parties shall meet and confer and propose a schedule for proceeding in this matter. The schedule shall address the status of Plaintiff's FOIA request, the anticipated number of documents responsive to Plaintiff's FOIA request, the anticipated date(s) for release of the documents requested by Plaintiff, whether a motion for an Open America stay is likely in this case, whether a Vaughn index will be required in this case, whether and when either party anticipates filing a dispositive motion, and any other pertinent issues. The parties shall file a joint status report that addresses these issues and that contains a proposed schedule and order not later than 4/21/17. Signed by Judge Tanya S. Chutkan on 4/3/17. (DJS) (Entered: 04/03/2017)
2017-04-05Set/Reset Deadlines: Joint Status Report due by 4/21/2017. (tb) (Entered: 04/05/2017)
2017-04-207Joint STATUS REPORT and Proposed Schedule by U.S. DEPARTMENT OF STATE. (Attachments: # 1 Proposed Order)(Simon, Jeremy) (Entered: 04/20/2017)
2017-04-24MINUTE ORDER: Having considered the parties' Joint Status Report 7 , it is hereby ordered that the parties shall file another Joint Status Report by August 15, 2017 and to the extent any issues remain in dispute, the parties shall include a proposed schedule for the briefing of motions for summary judgment. A proposed order shall accompany the Joint Status Report. Signed by Judge Tanya S. Chutkan on 4/24/17. (DJS) (Entered: 04/24/2017)
2017-04-25Set/Reset Deadlines: Joint Status Report due by 8/15/2017. (tb) (Entered: 04/25/2017)
2017-07-208NOTICE of Appearance by Meghan A Droste on behalf of MICHAEL ROSS (Droste, Meghan) Modified text on 7/21/2017 (td). Modified event title 7/21/2017 (znmw). (Entered: 07/20/2017)
2017-07-219WITHDRAWN PURSUANT TO NOTICE FILED 7/21/2017.....AMENDED COMPLAINT ROSS against U.S. DEPARTMENT OF STATE filed by MICHAEL ROSS. (Attachments: # 1 Exhibit Redline Amended Complaint)(Droste, Meghan) Modified on 7/24/2017 (znmw). (Entered: 07/21/2017)
2017-07-2110NOTICE OF WITHDRAWAL by MICHAEL ROSS re 9 Amended Complaint (Droste, Meghan) Modified event title on 7/24/2017 (znmw). (Entered: 07/21/2017)
2017-07-2111First MOTION to Amend/Correct 1 Complaint by MICHAEL ROSS (Attachments: # 1 Exhibit Proposed Amended Complaint, # 2 Exhibit Redline Proposed Amended Complaint, # 3 Text of Proposed Order Proposed Order)(Droste, Meghan) (Entered: 07/21/2017)
2017-08-0412Memorandum in opposition to re 11 First MOTION to Amend/Correct 1 Complaint filed by U.S. DEPARTMENT OF STATE. (Attachments: # 1 Proposed Order)(Simon, Jeremy) (Entered: 08/04/2017)
2017-08-0413NOTICE of Filing of Exhibits A to D in Support of Defendant's Opposition to Motion to Amend by U.S. DEPARTMENT OF STATE re 12 Memorandum in Opposition (Attachments: # 1 Exhibits A to D)(Simon, Jeremy) (Entered: 08/04/2017)
2017-08-1514Joint STATUS REPORT by U.S. DEPARTMENT OF STATE. (Attachments: # 1 Proposed Order)(Simon, Jeremy) (Entered: 08/15/2017)
2017-10-05MINUTE ORDER: Plaintiff's Motion 5 to "Amend" the Complaint to add a fourth FOIA claim is hereby DENIED. Plaintiff's motion is governed by FRCP 15(d), which allows a party to serve "a supplemental pleading setting out any transaction, occurrence, or event that happened after the date of the pleading to be supplemented." The court shall freely allow supplemental pleadings, except to the extent they are unrelated to the current claims and/or the supplement would cause undue delay. See Hall v. C.I.A., 437 F.3d 94, 101 (D.C. Cir. 2006); Bloche v. Dep't of Def., No. CIV.A. 07-2050-HHK-JMF, 2009 WL 1330388, at *12 (D.D.C. May 13, 2009). Plaintiff filed this lawsuit in January and he has not explained how the fourth FOIA request-which he submitted to the agency in April- relates to the three requests that are the subject of the current complaint. Moreover, the parties have notified the court 14 that the Defendant has completed processing and released all records, as well as served Plaintiff with a Vaughn index associated with the FOIA requests that currently underlie this action. Accordingly, granting Plaintiff's motion would cause undue delay. See Hall, 437 F.3d at 101; Bloche, 2009 WL 1330388, at *12. The parties shall file a proposed briefing schedule and prosed order by October 12, 2017. Signed by Judge Tanya S. Chutkan on 10/5/17. (DJS) (Entered: 10/05/2017)
2017-10-06Set/Reset Deadlines: Proposed Briefing Schedule due by 10/12/2017. (tb) (Entered: 10/06/2017)
2017-10-1115Joint STATUS REPORT and Proposed Schedule by U.S. DEPARTMENT OF STATE. (Attachments: # 1 Proposed Order)(Simon, Jeremy) (Entered: 10/11/2017)
2017-10-12MINUTE ORDER: Having considered the parties' Joint Status Report 15 , it is hereby ordered that the parties shall file a Joint Stipulation of Dismissal or another joint status report and proposed order by November 13, 2017. Signed by Judge Tanya S. Chutkan on 10/12/17. (DJS) (Entered: 10/12/2017)
2017-10-13Set/Reset Deadlines: Joint Stipulation of Dismissal or Joint Status Report due by 11/13/2017. (tb) (Entered: 10/13/2017)
2017-11-1316Joint STATUS REPORT by U.S. DEPARTMENT OF STATE. (Attachments: # 1 Proposed Order)(Simon, Jeremy) (Entered: 11/13/2017)
2017-11-14MINUTE ORDER: Having considered the parties' Joint Status Report 16 , the parties shall file a Joint Stipulation of Dismissal or Joint Status Report and proposed order by December 13, 2017. Signed by Judge Tanya S. Chutkan on 11/14/17. (DJS) (Entered: 11/14/2017)
2017-11-15Set/Reset Deadlines: Joint Stipulation of Dismissal or Joint Status Report due by 12/13/2017. (tb) (Entered: 11/15/2017)
2017-12-1117STIPULATION of Settlement and Dismissal by U.S. DEPARTMENT OF STATE. (Simon, Jeremy) (Entered: 12/11/2017)
2017-12-1118ORDER OF DISMISSAL: Dismissing action with prejudice. Signed by Judge Tanya S. Chutkan on 12/11/17. (DJS) (Entered: 12/11/2017)
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