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Case TitleALLIED PROGRESS v. OFFICE OF MANAGEMENT AND BUDGET et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2018cv01728
Date Filed2018-07-25
Date Closed2021-04-19
JudgeJudge Carl J. Nichols
PlaintiffALLIED PROGRESS
Case DescriptionAllied Progress submitted four FOIA requests to OMB and the Consumer Financial Protection Bureau for records concerning OMB Associate Director Kathy Kraninger, who had been nominated to head CFPB. Allied Progress also requested expedited processing. The agencies acknowledged receipt of the requests, but after hearing nothing further from either agency, Allied Progress filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantOFFICE OF MANAGEMENT AND BUDGET
DefendantCONSUMER FINANCIAL PROTECTION BUREAU
DefendantCONSUMER FINANCIAL PROTECTION BUREAU
TERMINATED: 10/21/2019
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
Complaint attachment 7
Complaint attachment 8
Complaint attachment 9
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2018-07-251COMPLAINT against CONSUMER FINANCIAL PROTECTION BUREAU, OFFICE OF MANAGEMENT AND BUDGET ( Filing fee $ 400 receipt number 0090-5603365) filed by ALLIED PROGRESS. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Summons, # 6 Exhibit Ex A, # 7 Exhibit Ex B, # 8 Exhibit Ex C, # 9 Exhibit Ex D)(McGrath, Daniel) (Entered: 07/25/2018)
2018-07-26Case Assigned to Judge Tanya S. Chutkan. (zsb) (Entered: 07/26/2018)
2018-07-262SUMMONS (4) Issued Electronically as to CONSUMER FINANCIAL PROTECTION BUREAU, OFFICE OF MANAGEMENT AND BUDGET, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(zsb) (Entered: 07/27/2018)
2018-07-303LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by ALLIED PROGRESS (McGrath, Daniel) (Entered: 07/30/2018)
2018-08-064NOTICE of Appearance by Scott Leeson Sroka on behalf of All Defendants (Sroka, Scott) (Entered: 08/06/2018)
2018-08-165RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 7/30/2018. Answer due for ALL FEDERAL DEFENDANTS by 8/29/2018. (Attachments: # 1 Exhibit Ex A)(McGrath, Daniel) (Entered: 08/16/2018)
2018-08-166RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 8/6/2018. RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. CONSUMER FINANCIAL PROTECTION BUREAU served on 8/3/2018; OFFICE OF MANAGEMENT AND BUDGET served on 8/6/2018. (See Docket Entry 5 to view document). (tth) (Entered: 08/20/2018)
2018-08-297ANSWER to Complaint by CONSUMER FINANCIAL PROTECTION BUREAU, OFFICE OF MANAGEMENT AND BUDGET.(Sroka, Scott) (Entered: 08/29/2018)
2018-10-18MINUTE 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 proposed order no later than 11/15/18. Signed by Judge Tanya S. Chutkan on 10/18/18. (DJS) (Entered: 10/18/2018)
2018-10-22Set/Reset Deadlines: Joint Status Report due by 11/15/2018. (tb) (Entered: 10/22/2018)
2018-11-158Joint STATUS REPORT by ALLIED PROGRESS. (McGrath, Daniel) (Entered: 11/15/2018)
2018-11-27MINUTE ORDER: Having considered the parties' Joint Status Report, it is hereby ordered that the parties shall file another joint report by December 14, 2018. The joint report shall be accompanied by a proposed order. Signed by Judge Tanya S. Chutkan on 11/27/18. (DJS) (Entered: 11/27/2018)
2018-11-28Set/Reset Deadlines: Joint Status Report due by 12/14/2018. (tb) (Entered: 11/28/2018)
2018-12-149Joint STATUS REPORT by CONSUMER FINANCIAL PROTECTION BUREAU, OFFICE OF MANAGEMENT AND BUDGET. (Attachments: # 1 Text of Proposed Order)(Sroka, Scott) (Entered: 12/14/2018)
2018-12-17MINUTE ORDER: Having considered the parties' joint status report 9 , it is hereby ordered that the parties shall file another joint report and proposed order by January 30, 2019 Signed by Judge Tanya S. Chutkan on 12/17/18.(DJS) (Entered: 12/17/2018)
2018-12-19Set/Reset Deadlines: Joint Status Report due by 1/30/2019. (tb) (Entered: 12/19/2018)
2019-01-2310MOTION to Stay , MOTION for Extension of Time to in Light of Lapse of Appropriations by CONSUMER FINANCIAL PROTECTION BUREAU, OFFICE OF MANAGEMENT AND BUDGET (Attachments: # 1 Text of Proposed Order)(Hudak, Brian) (Entered: 01/23/2019)
2019-01-3011Joint STATUS REPORT by ALLIED PROGRESS. (Attachments: # 1 Text of Proposed Order)(McGrath, Daniel) (Entered: 01/30/2019)
2019-01-30MINUTE ORDER finding as moot 10 Motion to Stay. Having considered the parties Joint Status Report 11 , it is hereby ordered that the parties confer regarding the OMB FOIA request 2018-398 by February 15, 2019 and file a further Joint Status Report with this Court on or before March 6, 2019. The status report shall contain a proposed order. Signed by Judge Tanya S. Chutkan on 1/30/19. (DJS) (Entered: 01/30/2019)
2019-02-07Set/Reset Deadlines: Attorney Meet and Confer by 2/15/2019. Joint Status Report due by 3/6/2019. (tb) (Entered: 02/07/2019)
2019-03-0612Joint STATUS REPORT by ALLIED PROGRESS. (Attachments: # 1 Text of Proposed Order)(McGrath, Daniel) (Entered: 03/06/2019)
2019-03-14MINUTE ORDER: Having considered the parties' joint status report 12 , it is hereby ordered that the parties shall file another joint report by April 10, 2019 and every 30 days thereafter. To the extent the report contains a proposed production or briefing schedule, the report shall be accompanied by a proposed order. Signed by Judge Tanya S. Chutkan on 3/14/19.(DJS) (Entered: 03/14/2019)
2019-03-15Set/Reset Deadlines: Joint Status Report due by 4/10/2019. (tb) (Entered: 03/15/2019)
2019-04-1013Joint STATUS REPORT by CONSUMER FINANCIAL PROTECTION BUREAU, OFFICE OF MANAGEMENT AND BUDGET. (Sroka, Scott) (Entered: 04/10/2019)
2019-05-0814Joint STATUS REPORT by ALLIED PROGRESS. (Attachments: # 1 Text of Proposed Order Defendants', # 2 Text of Proposed Order Plaintiff's)(McGrath, Daniel) (Entered: 05/08/2019)
2019-05-17MINUTE ORDER: Upon consideration of the Parties' Joint Status Report 14 , it is hereby ORDERED that OMB shall make its next interim production of 90 pages of calendar records on or before May 22, 2019, and shall continue making such productions on a monthly rolling basis until production of the calendar information is complete. It is further ORDERED that Defendant shall begin processing email records potentially responsive to Request 18-398 by July 19, 2019 at a rate of approximately 300 records per month, and begin releasing responsive email records by August 19, 2019. It is further ORDERED that the Parties shall file a further Joint Status Report with the court on or before June 10, 2019. Signed by Judge Tanya S. Chutkan on 5/17/2019. (lctsc3) (Entered: 05/17/2019)
2019-05-17Set/Reset Deadlines: Joint Status Report due by 6/10/2019. (tb) (Entered: 05/17/2019)
2019-05-22MINUTE ORDER: The parties' Joint Status Report, see 5/17/19 Min. Order, shall be accompanied by a proposed order. Signed by Judge Tanya S. Chutkan on 5/22/19. (DJS) (Entered: 05/22/2019)
2019-06-0715Joint STATUS REPORT by ALLIED PROGRESS. (McGrath, Daniel) (Entered: 06/07/2019)
2019-06-24Case directly reassigned to Judge Carl J. Nichols. Judge Tanya S. Chutkan is no longer assigned to the case. (rj) (Entered: 06/24/2019)
2019-07-0916Joint STATUS REPORT by ALLIED PROGRESS. (McGrath, Daniel) (Entered: 07/09/2019)
2019-08-0917Joint STATUS REPORT by ALLIED PROGRESS. (McGrath, Daniel) (Entered: 08/09/2019)
2019-08-13MINUTE ORDER. In light of the Parties' 17 Joint Status Report, it is hereby ORDERED that the Parties shall submit an additional Joint Status Report by September 8, 2019, per the Court's March 14, 2019 Order. Signed by Judge Carl J. Nichols on August 13, 2019. (lccjn1) (Entered: 08/13/2019)
2019-08-13Set/Reset Deadlines: Additional Joint Status Report due by 9/8/2019. (mac) (Entered: 08/13/2019)
2019-09-0918Joint STATUS REPORT by ALLIED PROGRESS. (McGrath, Daniel) (Entered: 09/09/2019)
2019-09-11MINUTE ORDER. In light of the Parties' 18 Joint Status Report, and consistent with the Court's March 14, 2019 Order, it is hereby ORDERED that the Parties shall submit an additional Joint Status Report on or before October 9, 2019. Signed by Judge Carl J. Nichols on September 11, 2019. (lccjn3) (Entered: 09/11/2019)
2019-09-11Set/Reset Deadlines/Hearings: Joint Status Report due by 10/9/2019. (zcdw) (Entered: 09/12/2019)
2019-09-11ENTERED IN ERROR.....Set/Reset Deadlines/Hearings: Joint Status Report due by 11/8/2019. (zcdw) Modified text on 9/12/2019 (zcdw). (Entered: 09/12/2019)
2019-09-12NOTICE OF CORRECTED DOCKET ENTRY: The 11/8/2019 status report deadline was erroneously entered. Please disregard. (zcdw) (Entered: 09/12/2019)
2019-10-0819Joint STATUS REPORT by ALLIED PROGRESS. (McGrath, Daniel) (Entered: 10/08/2019)
2019-10-2120NOTICE of Voluntary Dismissal re Consumer Financial Protection Bureau (McGrath, Daniel) (Entered: 10/21/2019)
2019-10-2221NOTICE OF WITHDRAWAL OF APPEARANCE as to ALLIED PROGRESS. Attorney Elizabeth France terminated. (France, Elizabeth) (Entered: 10/22/2019)
2019-10-25MINUTE ORDER. In light of the Parties' 19 Joint Status Report and 20 Notice of Voluntary Dismissal of Defendant Consumer Financial Protection Bureau, it is hereby ORDERED that the remaining Parties shall submit an additional Joint Status Report on or before December 9, 2019. Signed by Judge Carl J. Nichols on October 25, 2019. (lccjn3) (Entered: 10/25/2019)
2019-10-28Set/Reset Deadlines: Parties Additional Joint Status Report due by 12/9/2019. (mac) (Entered: 10/28/2019)
2019-12-0622Joint STATUS REPORT by ALLIED PROGRESS. (McGrath, Daniel) (Entered: 12/06/2019)
2019-12-12MINUTE ORDER. In light of the Parties' 22 Joint Status Report, it is hereby ORDERED that the remaining Parties shall submit an additional Joint Status Report on or before February 6, 2020. Signed by Judge Carl J. Nichols on December 12, 2019. (lccjn3) (Entered: 12/12/2019)
2019-12-12Set/Reset Deadlines/Hearings: Joint Status Report due by 2/6/2020. (zcdw) (Entered: 12/13/2019)
2020-02-0623Joint STATUS REPORT by ALLIED PROGRESS. (McGrath, Daniel) (Entered: 02/06/2020)
2020-02-1224NOTICE OF SUBSTITUTION OF COUNSEL by Paul A. Mussenden on behalf of All Defendants Substituting for attorney scott sroka (Mussenden, Paul) (Entered: 02/12/2020)
2020-02-13MINUTE ORDER. In light of the Parties' 23 Joint Status Report, it is hereby ORDERED that the remaining Parties shall submit an additional Joint Status Report on or before April 7, 2020. Signed by Judge Carl J. Nichols on February 13, 2020. (lccjn3) (Entered: 02/13/2020)
2020-02-13Set/Reset Deadlines/Hearings: Joint Status Report due by 4/7/2020. (zcdw) (Entered: 02/17/2020)
2020-04-0725Joint STATUS REPORT by OFFICE OF MANAGEMENT AND BUDGET. (Attachments: # 1 Declaration)(Mussenden, Paul) (Entered: 04/07/2020)
2020-04-15MINUTE ORDER. In light of the Parties' 25 Joint Status Report, it is hereby ORDERED that this case, including OMB's production obligations, is STAYED until June 15, 2020. It is further ORDERED that on or before June 9, 2020, the Parties shall submit an additional Joint Status Report advising the Court on the status of OMB's operations and whether the stay should be extended. Signed by Judge Carl J. Nichols on April 15, 2020. (lccjn3) (Entered: 04/15/2020)
2020-04-15Case Stayed. Set/Reset Deadlines/Hearings: Joint Status Report due by 6/9/2020. (zcdw) (Entered: 04/16/2020)
2020-06-0926Joint STATUS REPORT by OFFICE OF MANAGEMENT AND BUDGET. (Mussenden, Paul) (Entered: 06/09/2020)
2020-06-15MINUTE 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 August 10, 2020. Signed by Judge Carl J. Nichols on June 15, 2020. (lccjn3) (Entered: 06/15/2020)
2020-06-15Set/Reset Deadlines/Hearings: Joint Status Report due by 8/10/2020. (zcdw) (Entered: 06/17/2020)
2020-08-1027Joint STATUS REPORT by ALLIED PROGRESS. (McGrath, Daniel) (Entered: 08/10/2020)
2020-08-17MINUTE ORDER. In light of the Parties' 27 Joint Status Report, it is hereby ORDERED that the Parties shall submit an additional Joint Status Report on or before October 20, 2020. Signed by Judge Carl J. Nichols on August 17, 2020. (lccjn3) (Entered: 08/17/2020)
2020-08-17Set/Reset Deadlines: Joint Status Report due by 10/20/2020. (zcal) (Entered: 08/18/2020)
2020-10-2028Joint STATUS REPORT by ALLIED PROGRESS. (McGrath, Daniel) (Entered: 10/20/2020)
2020-10-28MINUTE ORDER. Upon review of the Parties' 28 Joint Status Report, it is hereby ORDERED that the Parties shall file an additional Joint Status Report by December 21, 2020 . Signed by Judge Carl J. Nichols on October 28, 2020. (lccjn3) (Entered: 10/28/2020)
2020-10-28Set/Reset Deadlines: Joint Status Report due by 12/21/2020. (zcal) (Entered: 10/28/2020)
2020-12-2129Joint STATUS REPORT by ALLIED PROGRESS. (McGrath, Daniel) (Entered: 12/21/2020)
2020-12-23MINUTE ORDER. Upon review of the Parties' 29 Joint Status Report, it is hereby ORDERED that the Parties shall file another Joint Status Report by February 18, 2021. Signed by Judge Carl J. Nichols on December 23, 2020. (lccjn3) (Entered: 12/23/2020)
2020-12-23Set/Reset Deadlines: Joint Status Report due by 2/18/2021. (zcal) (Entered: 12/28/2020)
2021-02-0330NOTICE OF SUBSTITUTION OF COUNSEL by Brenda A. Gonzalez-Horowitz on behalf of CONSUMER FINANCIAL PROTECTION BUREAU, OFFICE OF MANAGEMENT AND BUDGET Substituting for attorney Paul A. Mussenden (Gonzalez-Horowitz, Brenda) (Entered: 02/03/2021)
2021-02-1731Joint STATUS REPORT by OFFICE OF MANAGEMENT AND BUDGET. (Gonzalez-Horowitz, Brenda) (Entered: 02/17/2021)
2021-02-19MINUTE ORDER. Upon review of the Parties' 31 Joint Status Report, it is hereby ORDERED that they file another Joint Status Report by April 18, 2021 . Signed by Judge Carl J. Nichols on February 19, 2021. (lccjn3) (Entered: 02/19/2021)
2021-02-19Set/Reset Deadlines: Joint Status Report due by 4/18/2021. (zcal) (Entered: 02/22/2021)
2021-04-1632STIPULATION of Dismissal by OFFICE OF MANAGEMENT AND BUDGET. (Gonzalez-Horowitz, Brenda) (Entered: 04/16/2021)
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