Case Detail

FOIA Project Annotation: Judge Timothy Kelly has ruled the Department of Justice has conducted an adequate search for records concerning Attorney General Jeff Sessions' calendar for several days during the period in which he recused himself from the investigation of the 2016 presidential campaign. In response to a request from CREW for Sessions' calendar as well as any ethics recommendations he had received, the Office of Information Policy provided some records and explained to CREW that Sessions' calendar was subject to daily change and might not always reflect his official calendar. CREW challenged the agency's search for Sessions' calendar, pointing to irregularities in his calendar for one of the days covered by CREW's request, including the fact that the press conference at which Sessions announced his recusal was not listed, and because the agency only located 11 pages of records, none of which contained advice to Sessions about his possible recusal. Kelly noted that "CREW's arguments boil down to this: DOJ's assertion of a reasonable search is not to be believed because it failed to produce the number and type of documents that CREW expected to receive. Unfortunately for CREW, courts have rejected such arguments time and time again." Kelly pointed out that "CREW's belief that additional documents must exist is based on nothing but supposition. And even as supposition, it cannot withstand scrutiny. It is hardly surprising that a busy day might turn out differently for a senior government official than was planned on his calendar. Nor is it unheard of that an official might receive sensitive advice orally rather than in writing." Kelly faulted CREW for asking DOJ to conduct a new search and indicated that CREW "provides no inkling of how those searches would differ from the ones that DOJ has already undertaken." Rejecting CREW's requested relief, Kelly observed that "CREW apparently wants DOJ to keep tilling the same ground until it hits pay dirt. But there is no good reason to compel DOJ to undertake this Sisyphean task. Thus, DOJ's labors in this case are at an end."
Issues: Adequacy - Search

Date Filed	Doc #	Docket Text
2017-04-04	1	COMPLAINT Citizens for Responsibility and Ethics in Washington against U.S. DEPARTMENT OF JUSTICE ( Filing fee $ 400 receipt number 0090-4900110) filed by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON. (Attachments: # 1 Civil Cover Sheet, # 2 Summons Attorney General, # 3 Summons Department of Justice, # 4 Summons U.S. Attorney)(Weismann, Anne) (Entered: 04/04/2017)
2017-04-04	2	Corporate Disclosure Statement by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON. (Weismann, Anne) (Entered: 04/04/2017)
2017-04-04		Case Assigned to Judge Amit P. Mehta. (sb) (Entered: 04/04/2017)
2017-04-04	3	SUMMONS (3) Issued Electronically as to U.S. DEPARTMENT OF JUSTICE, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Consent Form)(sb) (Entered: 04/04/2017)
2017-04-24	4	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 04/17/2017., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 4/17/2017. ( Answer due for ALL FEDERAL DEFENDANTS by 5/17/2017.) (Weismann, Anne) (Entered: 04/24/2017)
2017-04-24	5	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF JUSTICE served on 4/17/2017. (See Docket Entry 4 to view document). (znmw) (Entered: 04/25/2017)
2017-05-01	6	NOTICE of Appearance by Johnny Hillary Walker, III on behalf of U.S. DEPARTMENT OF JUSTICE (Walker, Johnny) (Entered: 05/01/2017)
2017-05-17	7	NOTICE of Appearance by Kathryn Celia Davis on behalf of U.S. DEPARTMENT OF JUSTICE (Davis, Kathryn) (Entered: 05/17/2017)
2017-05-17	8	ANSWER to Complaint by U.S. DEPARTMENT OF JUSTICE.(Davis, Kathryn) (Entered: 05/17/2017)
2017-05-17	9	ORDER: 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 June 2, 2017. See the attached Order for additional details. Signed by Amit P. Mehta on 05/17/2017. (lcapm1) (Entered: 05/17/2017)
2017-05-17		Set/Reset Deadlines/Hearings: Joint Status Report due by 6/2/2017. (cdw) (Entered: 05/18/2017)
2017-06-01	10	MOTION for Preliminary Injunction by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON (Attachments: # 1 Memorandum in Support, # 2 Exhibit A, B, C, # 3 Text of Proposed Order)(Weismann, Anne) (Entered: 06/01/2017)
2017-06-01		MINUTE ORDER: On June 1, 2016, Plaintiff filed a 10 Motion for Preliminary Injunction. Pursuant to Local Rule 65.1, Defendant's Opposition is due on or before June 8, 2017. See LCvR 65.1(c). Plaintiff's Reply shall be filed on or before June 14, 2017. The court will hold a hearing on the application for preliminary injunction on June 19, 2017, at 11:00 a.m., in Courtroom 10. Signed by Judge Amit P. Mehta on 06/01/2017. (lcapm1) (Entered: 06/01/2017)
2017-06-01		Set/Reset Deadlines/Hearings: Defendant's response due by 6/8/2017. Plaintiff's reply due by 6/14/2017. Preliminary Injunction Hearing set for 6/19/2017 at 11:00 AM in Courtroom 11 before Judge Amit P. Mehta. (cdw) (Entered: 06/01/2017)
2017-06-02	11	Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Davis, Kathryn) (Entered: 06/02/2017)
2017-06-08	12	Memorandum in opposition to re 10 MOTION for Preliminary Injunction filed by U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Exhibit Brinkmann Decl., # 2 Exhibit Order, 03-2078, # 3 Exhibit Order, 00-1396, # 4 Exhibit Order, 06-0096, # 5 Exhibit Order, 06-1773, # 6 Text of Proposed Order)(Davis, Kathryn) (Entered: 06/08/2017)
2017-06-12		NOTICE OF COURTROOM CHANGE: Preliminary Injunction Hearing set for 6/19/2017 at 11:00 AM in Courtroom 10 before Judge Amit P. Mehta. Please note the corrected courtroom number. (cdw) (Entered: 06/12/2017)
2017-06-14	13	REPLY to opposition to motion re 10 MOTION for Preliminary Injunction filed by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON. (Attachments: # 1 Exhibit 1, 2)(Weismann, Anne) (Entered: 06/14/2017)
2017-06-19	14	NOTICE of Filing by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON re 10 MOTION for Preliminary Injunction (Weismann, Anne) (Entered: 06/19/2017)
2017-06-19		Minute Entry for proceedings held before Judge Amit P. Mehta: Preliminary Injunction Hearing held on 6/19/2017. Motion 10 for Preliminary Injunction, heard and held in abeyance. The parties are directed to meet and confer, and submit a status report by 4:00 PM on June 21, 2017. Preliminary Injunction Hearing tentatively continued to June 22, 2017 at 10:00 AM in Courtroom 10 before Judge Amit P. Mehta. (Court Reporter: William Zaremba) (cdw) (Entered: 06/19/2017)
2017-06-21	15	Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Davis, Kathryn) (Entered: 06/21/2017)
2017-06-21		MINUTE ORDER: In light of the parties' 15 Joint Status Report, the court denies as moot Plaintiff's 10 Motion for Preliminary Injunction and vacates the hearing scheduled on that Motion. Within one week of Defendant's July 7, 2017, production the parties shall file a Joint Status Report advising the court of any remaining issues and, if appropriate, proposing a briefing schedule to resolve those issues. Signed by Judge Amit P. Mehta on 06/21/2017. (lcapm1) (Entered: 06/21/2017)
2017-07-03	16	TRANSCRIPT OF PRELIMINARY INJUNCTION HEARING PROCEEDINGS before Judge Amit P. Mehta held on June 19, 2017; Page Numbers: 1-25. Date of Issuance: July 3, 2017. Court Reporter/Transcriber: William Zaremba; Telephone number: (202) 354-3249. 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 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. 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 7/24/2017. Redacted Transcript Deadline set for 8/3/2017. Release of Transcript Restriction set for 10/1/2017.(wz) (Entered: 07/03/2017)
2017-07-13	17	Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order)(Davis, Kathryn) (Entered: 07/13/2017)
2017-07-14	18	ORDER entering the briefing schedule proposed in the parties' 17 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 August 8, 2017; (2) Plaintiff's Opposition to Defendant's Motion and any Cross-Motion for Summary Judgment is due on or before August 25, 2017; (3) Defendant's Reply in Support of Summary Judgment and Opposition to any Cross-Motion for Summary Judgment is due on or before September 18, 2017; and (4) Plaintiff's Reply in Support of any Cross-Motion for Summary Judgment is due on or before September 27, 2017. See the attached Order for additional details. Signed by Judge Amit P. Mehta on 07/14/2017. (lcapm1) (Entered: 07/14/2017)
2017-07-14		Set/Reset Deadlines/Hearings: Defendant's Summary Judgment motion due by 8/8/2017. Response to Motion for Summary Judgment due by 8/25/2017. Reply to Motion for Summary Judgment due by 9/18/2017. Plaintiff's Cross Motion due by 8/25/2017. Response to Cross Motion due by 9/18/2018. Reply to Cross Motion due by 9/27/2017. (cdw) (Entered: 07/17/2017)
2017-08-08	19	MOTION for Summary Judgment by U.S. DEPARTMENT OF JUSTICE (Attachments: # 1 Memorandum in Support, # 2 Declaration Vanessa R. Brinkmann, # 3 Text of Proposed Order)(Davis, Kathryn) (Entered: 08/08/2017)
2017-08-25	20	Memorandum in opposition to re 19 MOTION for Summary Judgment filed by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON. (Attachments: # 1 Text of Proposed Order)(Weismann, Anne) (Entered: 08/25/2017)
2017-08-25	21	Unopposed MOTION for Extension of Time to File Statement of Material Facts (Nunc Pro Tunc) by U.S. DEPARTMENT OF JUSTICE (Attachments: # 1 Exhibit Statement of Material Facts, # 2 Text of Proposed Order)(Davis, Kathryn) (Entered: 08/25/2017)
2017-08-28		MINUTE ORDER granting Defendant's 21 Unopposed Motion for Extension of Time to File Statement of Material Facts (Nunc Pro Tunc). Signed by Judge Amit P. Mehta on 08/28/2017. (lcapm1) (Entered: 08/28/2017)
2017-08-28	22	RESPONSE re 21 Unopposed MOTION for Extension of Time to File Statement of Material Facts (Nunc Pro Tunc) and Plaintiff's Statement of Material Facts filed by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON. (Weismann, Anne) (Entered: 08/28/2017)
2017-09-18	23	REPLY to opposition to motion re 19 MOTION for Summary Judgment filed by U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Exhibit 1 - Castellano Decl., # 2 Statement of Facts Response)(Davis, Kathryn) (Entered: 09/18/2017)
2017-09-19		Case directly reassigned to Judge Timothy J. Kelly. Judge Amit P. Mehta is no longer assigned to the case. (ztnr) (Entered: 09/19/2017)
2018-02-15	24	ORDER granting Defendant's 19 Motion for Summary Judgment, for the reasons set forth in the accompanying Memorandum Opinion. The Clerk of Court is directed to close the case. See Order for details. Signed by Judge Timothy J. Kelly on 2/15/2018. (lctjk2) (Entered: 02/15/2018)
2018-02-15	25	MEMORANDUM OPINION in support of 24 Order granting Defendant's 19 Motion for Summary Judgment. Signed by Judge Timothy J. Kelly on 2/15/2018. (lctjk2) (Entered: 02/15/2018)
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