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Case TitleTOBIAS v. UNITED STATES DEPARTMENT OF THE INTERIOR, OFFICE OF THE SECRETARY
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2018cv01368
Date Filed2018-06-08
Date ClosedOpen
JudgeJudge Carl J. Nichols
PlaintiffJIMMY TOBIAS
Case DescriptionJimmy Tobias submitted FOIA requests to the Department of the Interior for records concerning communications sent or received by a number of agency officials on a variety of topics. The agency acknowledged receipt of his requests, but after hearing nothing further from the agency, Tobias filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Recovery of Costs

DefendantUNITED STATES DEPARTMENT OF THE INTERIOR, OFFICE OF THE SECRETARY
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
Complaint attachment 7
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Complaint attachment 12
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Complaint attachment 14
Complaint attachment 15
Complaint attachment 16
Complaint attachment 17
Complaint attachment 18
Complaint attachment 19
Complaint attachment 20
Complaint attachment 21
Complaint attachment 22
Complaint attachment 23
Opinion/Order [38]
FOIA Project Annotation: Judge Carl Nichols has ruled that the Department of Interior properly identified the foreseeable harm in disclosure of each of 22 FOIA requests related to then-Secretary Ryan Zinke's activities, as well as those of other senior officials and staff. The agency disclosed approximately 1,020 pages in total in response to the 22 requests submitted by journalist Jimmy Tobias. Rather than challenge any of the exemption claims, Tobias argued that in all cases the agency had failed to adequately explain the foreseeable harm that disclosure would cause. Nichols noted that "here, Interior has adequately demonstrated through its declarations that foreseeable harm would result from production of the information it has withheld. Each declaration focuses on the information at issue, and each concludes that disclosure would chill future internal discussions or otherwise 'harm an interest protected by an exemption.'" Nichols pointed out that "indeed, the Vaughn Index (which the declarations specifically incorporate) specifically identifies each individual piece of withheld information and explains why its disclosure 'would' harm a government interest. In doing so, the Vaughn Index identifies what the redactions were applied to, and the harm foreseen with greater specificity than the declarations that the Court of Appeals held were sufficient in Machado Amadis v. U.S. Dept of State, 971 F.3d 364 (D.C. Cir. 2020)."
Issues: Segregability
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text
2018-06-081COMPLAINT against UNITED STATES DEPARTMENT OF THE INTERIOR, OFFICE OF THE SECRETARY ( Filing fee $ 400 receipt number 0090-5525023) filed by Jimmy Tobias. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Exhibit Exhibit C, # 4 Exhibit Exhibit D, # 5 Exhibit Exhibit E, # 6 Exhibit Exhibit F, # 7 Exhibit Exhibit G, # 8 Exhibit Exhibit H, # 9 Exhibit Exhibit I, # 10 Exhibit Exhibit J, # 11 Exhibit Exhibit K, # 12 Exhibit Exhibit L, # 13 Exhibit Exhibit M, # 14 Exhibit Exhibit N, # 15 Exhibit Exhibit O, # 16 Exhibit Exhibit P, # 17 Exhibit Exhibit Q, # 18 Exhibit Exhibit R, # 19 Exhibit Exhibit S, # 20 Exhibit Exhibit T, # 21 Exhibit Exhibit U, # 22 Civil Cover Sheet Civil Cover Sheet, # 23 Summons Summons)(Burday, Joshua) (Entered: 06/08/2018)
2018-06-082NOTICE of Appearance by Joshua Hart Burday on behalf of Jimmy Tobias (Burday, Joshua) (Entered: 06/08/2018)
2018-06-11Case Assigned to Judge Randolph D. Moss. (zsb) (Entered: 06/11/2018)
2018-06-113SUMMONS (3) Issued Electronically as to UNITED STATES DEPARTMENT OF THE INTERIOR, OFFICE OF THE SECRETARY, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(zsb) (Entered: 06/11/2018)
2018-06-134STANDING ORDER: The parties are hereby ORDERED to comply with the directives set forth in this Court's Standing Order. See document for details. Signed by Judge Randolph D. Moss on 6/13/18. (lcrdm3, ) (Entered: 06/13/2018)
2018-06-135Case randomly reassigned to Judge Amy Berman Jackson. Judge Randolph D. Moss is no longer assigned to the case. (ztnr) (Entered: 06/14/2018)
2018-06-256RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES DEPARTMENT OF THE INTERIOR, OFFICE OF THE SECRETARY served on 6/18/2018 (Topic, Matthew) (Entered: 06/25/2018)
2018-06-257RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 06/18/2018. (Topic, Matthew) (Entered: 06/25/2018)
2018-06-258RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 6/18/2018. Answer due for ALL FEDERAL DEFENDANTS by 7/18/2018. (Topic, Matthew) (Entered: 06/25/2018)
2018-07-189NOTICE of Appearance by Marsha Wellknown Yee on behalf of UNITED STATES DEPARTMENT OF THE INTERIOR, OFFICE OF THE SECRETARY (Yee, Marsha) (Entered: 07/18/2018)
2018-07-1810ANSWER to Complaint by UNITED STATES DEPARTMENT OF THE INTERIOR, OFFICE OF THE SECRETARY.(Yee, Marsha) (Entered: 07/18/2018)
2018-07-19MINUTE ORDER. Before the Court in this FOIA case are a complaint and an answer. The requirements of Local Civil Rule 16.3 and Rule 26(f) of the Federal Rules of Civil Procedure appear to be inapplicable. Defendant shall file a dispositive motion or, in the alternative, a report setting forth the schedule for the completion of its production of documents to plaintiff, on or before August 16, 2018. Signed by Judge Amy Berman Jackson on 07/19/2018. (lcabj3) (Entered: 07/19/2018)
2018-08-1611STATUS REPORT by UNITED STATES DEPARTMENT OF THE INTERIOR, OFFICE OF THE SECRETARY. (Attachments: # 1 Declaration Angela Moore, # 2 Declaration Nicholas Banco)(Yee, Marsha) (Entered: 08/16/2018)
2018-08-17MINUTE ORDER. Defendant must file an updated status report by November 16, 2018. Signed by Judge Amy Berman Jackson on 08/17/2018. (lcabj3) (Entered: 08/17/2018)
2018-11-1612STATUS REPORT by UNITED STATES DEPARTMENT OF THE INTERIOR, OFFICE OF THE SECRETARY. (Attachments: # 1 Declaration Angela Moore, # 2 Declaration Nicholas Banco)(Yee, Marsha) (Entered: 11/16/2018)
2018-11-19MINUTE ORDER. Defendant must file an updated status report by January 16, 2019. In the meantime, the parties should meet and confer to see if the requests to the Office of the Secretary can be narrowed and prioritized. SO ORDERED. Signed by Judge Amy Berman Jackson on 11/19/2018. (lcabj3) (Entered: 11/19/2018)
2019-01-1113Unopposed MOTION to Stay , MOTION for Extension of Time to in Light of Lapse of Appropriations by UNITED STATES DEPARTMENT OF THE INTERIOR, OFFICE OF THE SECRETARY (Attachments: # 1 Text of Proposed Order)(Hudak, Brian) (Entered: 01/11/2019)
2019-01-14MINUTE ORDER granting 13 Unopposed Motion to Stay. The government must file a notice within two days of the resumption of operations and it should include a proposed revised schedule if one is necessary. SO ORDERED. Signed by Judge Amy Berman Jackson on 01/14/2019. (lcabj3) (Entered: 01/14/2019)
2019-01-2914NOTICE of Restored Government Funding by UNITED STATES DEPARTMENT OF THE INTERIOR, OFFICE OF THE SECRETARY (Yee, Marsha) (Entered: 01/29/2019)
2019-01-30MINUTE ORDER. In light of the government's notice 14 , the stay in this case is lifted. The agency must make its next production on March 1, 2019, and it must also submit a status report with the Court at that time. The parties are reminded of the Court's November 19, 2018 Minute Order which directed the parties to meet and confer to see if the requests to the Office of the Secretary can be narrowed and prioritized. SO ORDERED. Signed by Judge Amy Berman Jackson on 01/30/2019. (lcabj3) (Entered: 01/30/2019)
2019-03-0115STATUS REPORT by UNITED STATES DEPARTMENT OF THE INTERIOR, OFFICE OF THE SECRETARY. (Attachments: # 1 Declaration Angela Moore, # 2 Declaration Nicholas Banco)(Yee, Marsha) (Entered: 03/01/2019)
2019-03-04MINUTE ORDER. Defendants must file an updated status report by May 3, 2019. SO ORDERED. Signed by Judge Amy Berman Jackson on 03/04/2019. (lcabj3) (Entered: 03/04/2019)
2019-05-0316STATUS REPORT by UNITED STATES DEPARTMENT OF THE INTERIOR, OFFICE OF THE SECRETARY. (Attachments: # 1 Angela Moore Suppl. Decl., # 2 Nicholas Banco Suppl. Decl.)(Yee, Marsha) (Entered: 05/03/2019)
2019-05-07MINUTE ORDER. Defendant must file an updated status report by June 3, 2019. SO ORDERED. Signed by Judge Amy Berman Jackson on 05/07/2019. (lcabj3) (Entered: 05/07/2019)
2019-06-0317STATUS REPORT by UNITED STATES DEPARTMENT OF THE INTERIOR, OFFICE OF THE SECRETARY. (Attachments: # 1 Moore Suppl. Decl., # 2 Banco Suppl. Decl.)(Yee, Marsha) (Entered: 06/03/2019)
2019-06-07MINUTE ORDER. Defendant must file an updated status report by July 7, 2019. SO ORDERED. Signed by Judge Amy Berman Jackson on 06/07/2019. (lcabj3) (Entered: 06/07/2019)
2019-06-24Case directly reassigned to Judge Carl J. Nichols. Judge Amy Berman Jackson is no longer assigned to the case. (ztnr) (Entered: 06/24/2019)
2019-07-0318STATUS REPORT by UNITED STATES DEPARTMENT OF THE INTERIOR, OFFICE OF THE SECRETARY. (Attachments: # 1 Banco Suppl. Decl.)(Yee, Marsha) (Entered: 07/03/2019)
2019-08-0619NOTICE of Appearance by Merrick Jason Wayne on behalf of JIMMY TOBIAS (Wayne, Merrick) (Entered: 08/06/2019)
2019-08-13MINUTE ORDER. In light of the Parties' 18 Joint Status Report, it is hereby ORDERED that the Parties shall submit an additional Joint Status Report by September 13, 2019. Signed by Judge Carl J. Nichols on August 13, 2019. (lccjn1) (Entered: 08/13/2019)
2019-08-14Set/Reset Deadlines: Additional Joint Status Report due by 9/13/2019. (mac) (Entered: 08/14/2019)
2019-09-1220Joint STATUS REPORT by UNITED STATES DEPARTMENT OF THE INTERIOR, OFFICE OF THE SECRETARY. (Yee, Marsha) (Entered: 09/12/2019)
2019-09-20MINUTE ORDER. In light of the Parties' 20 Joint Status Report, it is hereby ORDERED that the Parties shall submit an additional Joint Status Report by November 14, 2019. Signed by Judge Carl J. Nichols on September 20, 2019. (lccjn3) (Entered: 09/20/2019)
2019-09-20Set/Reset Deadlines/Hearings: Joint Status Report due by 11/14/2019. (zcdw) (Entered: 09/22/2019)
2019-11-1421Joint STATUS REPORT by UNITED STATES DEPARTMENT OF THE INTERIOR, OFFICE OF THE SECRETARY. (Yee, Marsha) (Entered: 11/14/2019)
2019-11-27MINUTE ORDER. In light of the Parties' 21 Joint Status Report, it is hereby ORDERED that the Parties shall submit an additional Joint Status Report on or before January 16, 2020. Signed by Judge Carl J. Nichols on November 27, 2019. (lccjn3) (Entered: 11/27/2019)
2019-12-02Set/Reset Deadlines: Additional Joint Status Report due by 1/16/2020. (mac) (Entered: 12/02/2019)
2020-01-1622Joint STATUS REPORT by UNITED STATES DEPARTMENT OF THE INTERIOR, OFFICE OF THE SECRETARY. (Yee, Marsha) (Entered: 01/16/2020)
2020-01-28MINUTE ORDER. In light of the Parties' 22 Joint Status Report, it is hereby ORDERED that the Parties shall submit an additional Joint Status Report on or before March 26, 2020. Signed by Judge Carl J. Nichols on January 28, 2020. (lccjn3) (Entered: 01/28/2020)
2020-01-28Set/Reset Deadlines/Hearings: Joint Status Report due by 3/26/2020. (zcdw) (Entered: 01/30/2020)
2020-03-2623Joint STATUS REPORT by UNITED STATES DEPARTMENT OF THE INTERIOR, OFFICE OF THE SECRETARY. (Yee, Marsha) (Entered: 03/26/2020)
2020-03-30MINUTE ORDER. In light of the Parties' 23 Joint Status Report, it is hereby ORDERED that the Parties shall submit an additional Joint Status Report on or before May 20, 2020. Signed by Judge Carl J. Nichols on March 30, 2020. (lccjn3) (Entered: 03/30/2020)
2020-03-30Set/Reset Deadlines/Hearings: Joint Status Report due by 5/20/2020. (zcdw) (Entered: 04/02/2020)
2020-05-1924Joint STATUS REPORT by UNITED STATES DEPARTMENT OF THE INTERIOR, OFFICE OF THE SECRETARY. (Yee, Marsha) (Entered: 05/19/2020)
2020-05-27MINUTE ORDER. In light of the Parties' 24 Joint Status Report, it is hereby ORDERED that the Parties shall submit an additional Joint Status Report on or before June 18, 2020. Signed by Judge Carl J. Nichols on May 27, 2020. (lccjn3) (Entered: 05/27/2020)
2020-06-1825Joint STATUS REPORT by UNITED STATES DEPARTMENT OF THE INTERIOR, OFFICE OF THE SECRETARY. (Yee, Marsha) (Entered: 06/18/2020)
2020-06-22MINUTE ORDER. In light of the Parties' 25 Joint Status Report, it is hereby ORDERED that the Parties shall submit an additional Joint Status Report on or before July 21, 2020. Signed by Judge Carl J. Nichols on June 22, 2020. (lccjn3) (Entered: 06/22/2020)
2020-06-22Set/Reset Deadlines: Joint Status Report due by 7/21/2020. (zcal) (Entered: 06/23/2020)
2020-07-2126Joint STATUS REPORT by UNITED STATES DEPARTMENT OF THE INTERIOR, OFFICE OF THE SECRETARY. (Yee, Marsha) (Entered: 07/21/2020)
2020-07-27MINUTE ORDER. In light of the Parties' 26 Joint Status Report, it is hereby ORDERED that the Parties shall submit an additional Joint Status Report on or before September 23, 2020. Signed by Judge Carl J. Nichols on July 27, 2020. (lccjn3) (Entered: 07/27/2020)
2020-07-27Set/Reset Deadlines: Joint Status Report due by 9/23/2020. (zcal) (Entered: 07/28/2020)
2020-09-2327Joint STATUS REPORT by UNITED STATES DEPARTMENT OF THE INTERIOR, OFFICE OF THE SECRETARY. (Yee, Marsha) (Entered: 09/23/2020)
2020-10-02MINUTE ORDER. In light of the Parties' 27 Joint Status Report, it is hereby ORDERED that the Parties shall submit an additional Joint Status Report by December 9, 2020. Signed by Judge Carl J. Nichols on October 2, 2020. (lccjn3) (Entered: 10/02/2020)
2020-10-02Set/Reset Deadlines: Joint Status Report due by 12/9/2020. (zcal) (Entered: 10/02/2020)
2020-12-0928ENTERED IN ERROR.....Joint STATUS REPORT by UNITED STATES DEPARTMENT OF THE INTERIOR, OFFICE OF THE SECRETARY. (Yee, Marsha) Modified on 12/9/2020 (eg). (Entered: 12/09/2020)
2020-12-09NOTICE OF CORRECTED DOCKET ENTRY: re 28 Status Report was entered in error per counsel request. Pleading filed in incorrect case. (zeg) (Entered: 12/09/2020)
2020-12-0929Joint STATUS REPORT by UNITED STATES DEPARTMENT OF THE INTERIOR, OFFICE OF THE SECRETARY. (Yee, Marsha) (Entered: 12/09/2020)
2020-12-14MINUTE ORDER. Upon review of the Parties' 29 Joint Status Report, the Court adopts the following briefing schedule: Defendant shall file its motion for summary judgment by February 25, 2021 ; Plaintiff shall file his combined opposition and cross-motion for summary judgment by April 1, 2021 ; Defendant shall file a combined reply and opposition by May 6, 2021 ; and Plaintiff shall file his reply by June 10, 2021 . Signed by Judge Carl J. Nichols on December 14, 2020. (lccjn3) (Entered: 12/14/2020)
2020-12-14Set/Reset Deadlines: Summary Judgment motions due by 2/25/2021. Response to Motion for Summary Judgment due by 4/1/2021. Cross Motions due by 4/1/2021. Response to Cross Motions due by 5/6/2021. Reply to Motion for Summary Judgment due by 5/6/2021. Reply to Cross Motions due by 6/10/2021. (zcal) (Entered: 12/15/2020)
2021-02-2530MOTION for Summary Judgment by UNITED STATES DEPARTMENT OF THE INTERIOR, OFFICE OF THE SECRETARY. (Attachments: # 1 Statement of Facts, # 2 Moore Decl. and Exhibits, # 3 Fairman Decl. and Exhibits, # 4 Text of Proposed Order)(Yee, Marsha) (Entered: 02/25/2021)
2021-03-3131MOTION for Extension of Time to Briefing Schedule by JIMMY TOBIAS. (Attachments: # 1 Text of Proposed Order)(Burday, Joshua) (Entered: 03/31/2021)
2021-04-12MINUTE ORDER. Upon review of Plaintiff's 31 Unopposed Motion for Extension of Time, it is hereby ORDERED that the Motion is GRANTED. The Court thus adopts the following amended briefing schedule: Plaintiff shall file his opposition and cross-motion for summary judgment by May 3, 2021; Defendant shall file its combined opposition and reply by June 17, 2021; and Plaintiff shall reply by July 16, 2021. Signed by Judge Carl J. Nichols on April 12, 2021. (lccjn3) (Entered: 04/12/2021)
2021-04-12Set/Reset Deadlines: Cross Motions due by 5/3/2021. Response to Motion for Summary Judgment due by 5/3/2021. Reply to Motion for Summary Judgment due by 6/17/2021. Response to Cross Motions due by 6/17/2021. Reply to Cross Motions due by 7/16/2021. (zcal) (Entered: 04/12/2021)
2021-05-0332NOTICE of Appearance by Matthew Topic on behalf of JIMMY TOBIAS (Topic, Matthew) (Entered: 05/03/2021)
2021-05-0333Cross MOTION for Summary Judgment by JIMMY TOBIAS. (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts Response to Statement of Facts, # 3 Text of Proposed Order)(Topic, Matthew) (Entered: 05/03/2021)
2021-05-0334Memorandum in opposition to re 30 MOTION for Summary Judgment filed by JIMMY TOBIAS. (Attachments: # 1 Statement of Facts Response to Statement of Facts, # 2 Text of Proposed Order)(Topic, Matthew) (Entered: 05/03/2021)
2021-06-1735REPLY to opposition to motion re 30 MOTION for Summary Judgment filed by UNITED STATES DEPARTMENT OF THE INTERIOR, OFFICE OF THE SECRETARY. (Attachments: # 1 Text of Proposed Order)(Yee, Marsha) (Entered: 06/17/2021)
2021-06-1736Memorandum in opposition to re 33 Cross MOTION for Summary Judgment filed by UNITED STATES DEPARTMENT OF THE INTERIOR, OFFICE OF THE SECRETARY. (Attachments: # 1 Text of Proposed Order)(Yee, Marsha) (Entered: 06/17/2021)
2021-07-1637REPLY to opposition to motion re 33 Cross MOTION for Summary Judgment filed by JIMMY TOBIAS. (Attachments: # 1 Exhibit)(Topic, Matthew) (Entered: 07/16/2021)
2021-09-2038MEMORANDUM OPINION. Signed by Judge Carl J. Nichols on September 20, 2021. (lccjn3) (Entered: 09/20/2021)
2021-09-2039ORDER. Signed by Judge Carl J. Nichols on September 20, 2021. (lccjn3) (Entered: 09/20/2021)
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