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Case TitleWP COMPANY LLC v. SPECIAL INSPECTOR GENERAL FOR AFGHANISTAN RECONSTRUCTION
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2018cv02622
Date Filed2018-11-14
Date ClosedOpen
JudgeJudge Amy Berman Jackson
PlaintiffWP COMPANY LLC
doing business as WASHINGTON POST
Case DescriptionWashington Post reporter Craig Whitlock submitted a FOIA request to the Special Inspector General for Afghanistan Reconstruction for records concerning transcripts and audio recordings of interviews conducted for SIGAR's "Lessons Learned Program." The agency acknowledged receipt of the request, but refused to provide identities for all the interviewees. The agency disclosed about half of the records, but after hearing nothing further from the agency, the Post filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantSPECIAL INSPECTOR GENERAL FOR AFGHANISTAN RECONSTRUCTION
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
Complaint attachment 10
Complaint attachment 11
Complaint attachment 12
Complaint attachment 13
Complaint attachment 14
Complaint attachment 15
Opinion/Order [28]
FOIA Project Annotation: Judge Amy Berman Jackson has ruled that the Washington Post has standing to sue the Special Inspector General for Afghanistan Reconstruction to challenge the agency's response to a FOIA request submitted by reporter Craig Whitlock for all transcripts or audio tapes of interviews conducted during the Lessons Learned program. SIGAR told Whitlock that 410 interviews had been conducted, 374 without audio recordings or transcripts. Of the 36 interviews recorded, SIGAR possessed only 17 of them and only nine had been transcribed. The agency asked Whitlock if he was requesting interview notes. He told SIGAR that he wanted any records pertaining to the interviews. By the time the Post filed suit, SIGAR had processed about half of the responsive records. The agency first argued that the Post did not have standing because Whitlock was the only person who corresponded with SIGAR about the request. Berman Jackson noted, however, that "the record fully supports a finding that the FOIA request was made on behalf of The Washington Post. The FOIA request was sent on company letterhead bearing the company name in its signature font at the top of the page along with its address. It is signed, Craig Whitlock, 'Staff writer,' reflecting that he authored the letter in his capacity as a Post employee. The body of the letter also indicates that Whitlock was acting as an agent of the publication. . ." SIGAR argued that the Post had failed to exhaust its administrative remedies because it did not appeal what SIGAR characterized as a determination about the request. But Berman Jackson pointed out that an email sent to the Post "does not inform the Post that SIGAR would be redacting or withholding records, or on what grounds." She observed that "because SIGAR failed to fulfill its obligations under FOIA to inform the Post of the reasons for its determinations and the grounds for any withholdings, the Post was not in a position to initiate the administrative appeal that is generally required before a suit can be brought." Berman Jackson agreed that the agency's search was adequate. As to Exemption 1 (national security) claims, she indicated that the affidavits submitted by the State Department were insufficient to support the classification claims. She explained that "the State Department's Vaughn index uses identical boilerplate language to justify each Exemption 1 withholding without addressing the specific harm to national security that would flow from the release of any particular document in whole on in part. . ." The Post argued that SIGAR's Lessons Learned was done for information gathering purposes, not for law enforcement purposes. Berman Jackson disagreed, noting that the agency's affidavit explained that "the main purpose of SIGAR's Lessons Learned reports is to make actionable recommendations to Congress and the Executive Branch agencies, including law enforcement matters such as ways to deter and prevent waste, fraud, and abuse." Having found SIGAR qualified as a law enforcement agency Berman Jackson then found that personal information about interviewees was protected by Exemption 7(C) (invasion of privacy concerning law enforcement records). Berman Jackson pointed out that "the informants not only agreed to be interviewed with the understanding that their identities would be kept private, but that many could face serious consequences if their identities were revealed. For these reasons, the Court finds that SIGAR has supported its position that the interviewees have a significant privacy interest in remaining anonymous." But she rejected SIGAR's 7(C) claim concerning interview codes. She noted that "these anonymous labels could easily be segregated from other identifying information and produced to the Post in accordance with the agency's statutory duty to produce any reasonably segregable portion of the information requested." However, Berman Jackson agreed with SIGAR had properly invoked Exemption 7(A)(interference with ongoing investigation or proceeding), Exemption 7(E) (investigative methods or techniques), and Exemption 7(F) (harm to any person).
Issues: Request - Perfected request, Exemption 7 - Law enforcement records
Opinion/Order [44]
FOIA Project Annotation: Judge Amy Berman Jackson has resolved the Washington Post's litigation against the Special Inspector General for Afghanistan Reconstruction by ruling in favor of some of the agency's remaining exemption claims, including Exemption 1 (national security), Exemption 6 (invasion of privacy), Exemption 7(C) (invasion of privacy concerning law enforcement records). Berman Jackson had ordered SIGAR to supplement its Vaughn affidavit to better substantiate the privacy claims for individuals who had been interviewed. Berman Jackson agreed that the agency had shown that its records were compiled for law enforcement purposes but was skeptical that the agency had made its case on its 7(D) (confidential sources) claims for individuals who had spoken on the record. She found those interviews were not protected, noting that "defendant has failed to justify the withholding of any 'on the record' [interviews] or associated audio records under the specific terms of Exemption 7(D), and the Court will grant summary judgment for plaintiff on that issue." Berman Jackson was more sympathetic to SIGAR on the issue of whether third party identification could be withheld under Exemption 7(C). She noted that "defendant has adequately explained the harm associated with releasing this information and the courts in this district have recognized that the public interest in knowing the identities of third parties, even high-ranking officials, rarely outweighs such privacy interests." While she recognized that higher-level officials had a diminished privacy interest, she nonetheless found that SIGAR had shown the public interest in disclosure did not outweigh the individuals' privacy interests. While she agreed that 11 interviews were pre-decisional for purposes of the deliberative process privilege, she noted that they were not deliberative, observing that SIGAR "has not shown that the [interviews] were part of the internal give and take that led to the reports as opposed to sources of information used in the reports." Berman Jackson also found that portions of the interviews were protected by the presidential communications privilege.
Issues: Exemption 5 - Privileges
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2018-11-141COMPLAINT WP COMPANY LLC d/b/a THE WASHINGTON POST against All Defendants SPECIAL INSPECTOR GENERAL FOR AFGHANISTAN RECONSTRUCTION ( Filing fee $ 400 receipt number 0090-5790610) filed by WASHINGTON POST COMPANY. (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 Civil Cover Sheet Civil Cover Sheet, # 13 Summons SIGAR Summons, # 14 Summons Whitaker Summons, # 15 Summons Liu Summons)(Tobin, Charles) (Entered: 11/14/2018)
2018-11-142NOTICE OF RELATED CASE by All Plaintiffs. Case related to Case No. 1:17-cv-2114. (Tobin, Charles) (Entered: 11/14/2018)
2018-11-143LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by WASHINGTON POST COMPANY (Tobin, Charles) (Entered: 11/14/2018)
2018-11-15Case Assigned to Judge Amy Berman Jackson. (zrdj) (Entered: 11/15/2018)
2018-11-154SUMMONS (3) Issued Electronically as to SPECIAL INSPECTOR GENERAL FOR AFGHANISTAN RECONSTRUCTION, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(zrdj) (Entered: 11/15/2018)
2018-11-215RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 11/16/2018. Answer due for ALL FEDERAL DEFENDANTS by 12/16/2018. (Tobin, Charles) (Entered: 11/21/2018)
2018-11-216RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 11/16/2018. (Tobin, Charles) (Entered: 11/21/2018)
2018-11-217RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. SPECIAL INSPECTOR GENERAL FOR AFGHANISTAN RECONSTRUCTION served on 11/19/2018 (Tobin, Charles) (Entered: 11/21/2018)
2018-12-178NOTICE of Appearance by Michael Fraser Knapp on behalf of SPECIAL INSPECTOR GENERAL FOR AFGHANISTAN RECONSTRUCTION (Knapp, Michael) (Entered: 12/17/2018)
2018-12-179ANSWER to Complaint by SPECIAL INSPECTOR GENERAL FOR AFGHANISTAN RECONSTRUCTION. (Attachments: # 1 Exhibit 1 - SIGAR ltr to WP (May 31, 2017))(Knapp, Michael) (Entered: 12/17/2018)
2018-12-19MINUTE 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 January 22, 2019. SO ORDERED. Signed by Judge Amy Berman Jackson on 12/19/2018. (lcabj3) (Entered: 12/19/2018)
2019-01-1710Unopposed MOTION to Stay by SPECIAL INSPECTOR GENERAL FOR AFGHANISTAN RECONSTRUCTION (Attachments: # 1 Text of Proposed Order)(Knapp, Michael) (Entered: 01/17/2019)
2019-01-18MINUTE ORDER granting 10 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 necessary. SO ORDERED. Signed by Judge Amy Berman Jackson on 01/18/2019. (lcabj3) (Entered: 01/18/2019)
2019-01-2811NOTICE of Restoration of Appropriations by SPECIAL INSPECTOR GENERAL FOR AFGHANISTAN RECONSTRUCTION (Knapp, Michael) (Entered: 01/28/2019)
2019-01-29MINUTE ORDER. In light of the government's notice 11 , the stay in this case is lifted. The Court considered both the plaintiff's justifiable frustration with the pace of the government's compliance with its FOIA obligations and the representations of the defendant, however given the burdens placed upon all of the agencies and federal employees due to the shutdown, the Court finds that the defendant's request for a modest extension is not unreasonable. Accordingly, defendant must file a dispositive motion or a report with a production schedule by February 11, 2019. SO ORDERED. Signed by Judge Amy Berman Jackson on 01/29/2019. (lcabj3) (Entered: 01/29/2019)
2019-02-1112STATUS REPORT SETTING FORTH PRODUCTION SCHEDULE by SPECIAL INSPECTOR GENERAL FOR AFGHANISTAN RECONSTRUCTION. (Knapp, Michael) (Entered: 02/11/2019)
2019-02-12MINUTE ORDER. After considering the parties' positions 12 , the Court will establish the following schedule: defendant must make its next production by March 11, 2019, and it must produce the remainder of the records on a rolling basis with the goal of completing the production by May 15, 2019. Defendant must also file a status report by March 12, 2019. SO ORDERED. Signed by Judge Amy Berman Jackson on 02/12/2019. (lcabj3) (Entered: 02/12/2019)
2019-03-1213STATUS REPORT by SPECIAL INSPECTOR GENERAL FOR AFGHANISTAN RECONSTRUCTION. (Knapp, Michael) (Entered: 03/12/2019)
2019-03-14MINUTE ORDER. Defendant must file an updated status report by May 15, 2019. SO ORDERED. Signed by Judge Amy Berman Jackson on 03/14/2019. (lcabj3) (Entered: 03/14/2019)
2019-05-1514STATUS REPORT by SPECIAL INSPECTOR GENERAL FOR AFGHANISTAN RECONSTRUCTION. (Knapp, Michael) (Entered: 05/15/2019)
2019-05-16MINUTE ORDER. Defendant must file an updated status report by June 17, 2019. SO ORDERED. Signed by Judge Amy Berman Jackson on 05/16/2019. (lcabj3) (Entered: 05/16/2019)
2019-06-1715STATUS REPORT by SPECIAL INSPECTOR GENERAL FOR AFGHANISTAN RECONSTRUCTION. (Knapp, Michael) (Entered: 06/17/2019)
2019-06-1716RESPONSE re 15 Status Report filed by WP COMPANY LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Tobin, Charles) (Entered: 06/17/2019)
2019-06-1717PROPOSED BRIEFING SCHEDULE by WP COMPANY LLC. (See Docket Entry 16 to view document) (jf) (Entered: 06/18/2019)
2019-06-20MINUTE ORDER. The Court considered plaintiff's objections and desire for expedition, but it will enter the government's proposed schedule under the circumstances. However, given the expansive nature of the schedule, the defendant will need to point to some exigent circumstance other than the mere fact of the assignment of new counsel or the "press of other business" to justify any request for an additional extension. Defendant's motion for summary judgment will be due by August 16, 2019. Plaintiff's combined opposition and cross-motion for summary judgment will be due by September 6, 2019. Defendant's combined reply in support of its motion and opposition to plaintiff's cross-motion will be due on September 20, 2019. Plaintiff's reply in support of its cross-motion will be due on September 27, 2019. SO ORDERED. Signed by Judge Amy Berman Jackson on 06/20/2019. (lcabj3) (Entered: 06/20/2019)
2019-08-1518NOTICE OF SUBSTITUTION OF COUNSEL by Sophie Kaiser on behalf of SPECIAL INSPECTOR GENERAL FOR AFGHANISTAN RECONSTRUCTION Substituting for attorney Michael Fraser Knapp (Kaiser, Sophie) (Entered: 08/15/2019)
2019-08-1619MOTION for Summary Judgment by SPECIAL INSPECTOR GENERAL FOR AFGHANISTAN RECONSTRUCTION (Attachments: # 1 Memorandum in Support, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Declaration Hubbard, # 5 Exhibit 3 - SIGAR Vaughn, # 6 Declaration Stein & State Vaughn, # 7 Declaration Hertel, # 8 Declaration Herrington, # 9 Declaration Boiselle, # 10 Statement of Facts, # 11 Text of Proposed Order)(Kaiser, Sophie) (Entered: 08/16/2019)
2019-08-3020NOTICE of Appearance by Matthew E. Kelley on behalf of WP COMPANY LLC (Kelley, Matthew) (Entered: 08/30/2019)
2019-09-0621Memorandum in opposition to re 19 MOTION for Summary Judgment filed by WP COMPANY LLC. (Attachments: # 1 Response to Defendant's Statement of Undisputed Material Facts, # 2 Declaration of Craig Whitlock, # 3 Declaration of Charles D. Tobin, # 4 Tobin Decl., Ex. 1, # 5 Tobin Decl., Ex. 2, # 6 Tobin Decl., Ex. 3, # 7 Tobin Decl., Ex. 4, # 8 Tobin Decl., Ex. 5, # 9 Tobin Decl., Ex. 6, # 10 Tobin Decl., Ex. 7, # 11 Tobin Decl., Ex. 8, # 12 Tobin Decl., Ex. 9, # 13 Tobin Decl., Ex. 10, # 14 Tobin Decl., Ex. 11, # 15 Tobin Decl., Ex. 12, # 16 Tobin Decl., Ex. 13, # 17 Tobin Decl., Ex. 14, # 18 Tobin Decl., Ex. 15, # 19 Tobin Decl., Ex. 16, # 20 Tobin Decl., Ex. 17, # 21 Tobin Decl., Ex. 18, # 22 Tobin Decl., Ex. 19, # 23 Tobin Decl., Ex. 20, # 24 Tobin Decl., Ex. 21, # 25 Text of Proposed Order)(Tobin, Charles) (Entered: 09/06/2019)
2019-09-0622Cross MOTION for Summary Judgment by WP COMPANY LLC (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Declaration of Craig Whitlock, # 4 Declaration of Charles D. Tobin, # 5 Tobin Decl., Ex. 1, # 6 Tobin Decl., Ex. 2, # 7 Tobin Decl., Ex. 3, # 8 Tobin Decl., Ex. 4, # 9 Tobin Decl., Ex. 5, # 10 Tobin Decl., Ex. 6, # 11 Tobin Decl., Ex. 7, # 12 Tobin Decl., Ex. 8, # 13 Tobin Decl., Ex. 9, # 14 Tobin Decl., Ex. 10, # 15 Tobin Decl., Ex. 11, # 16 Tobin Decl., Ex. 12, # 17 Tobin Decl., Ex. 13, # 18 Tobin Decl., Ex. 14, # 19 Tobin Decl., Ex. 15, # 20 Tobin Decl., Ex. 16, # 21 Tobin Decl., Ex. 17, # 22 Tobin Decl., Ex. 18, # 23 Tobin Decl., Ex. 19, # 24 Tobin Decl., Ex. 20, # 25 Tobin Decl., Ex. 21, # 26 Text of Proposed Order)(Tobin, Charles) (Entered: 09/06/2019)
2019-09-2023Memorandum in opposition to re 22 Cross MOTION for Summary Judgment filed by SPECIAL INSPECTOR GENERAL FOR AFGHANISTAN RECONSTRUCTION. (Attachments: # 1 Declaration Hubbard SIGAR Supplemental, # 2 Exhibit SIGAR Updated Vaughn, # 3 Declaration Stein State Supplemental, # 4 Statement of Facts Response to Plaintiff's SUMF, # 5 Text of Proposed Order)(Kaiser, Sophie) (Entered: 09/20/2019)
2019-09-2024REPLY to opposition to motion re 19 MOTION for Summary Judgment filed by SPECIAL INSPECTOR GENERAL FOR AFGHANISTAN RECONSTRUCTION. (Attachments: # 1 Declaration Hubbard SIGAR Supplemental, # 2 Exhibit SIGAR Updated Vaughn, # 3 Declaration Stein State Supplemental)(Kaiser, Sophie) (Entered: 09/20/2019)
2019-09-2725REPLY to opposition to motion re 22 Cross MOTION for Summary Judgment filed by WP COMPANY LLC. (Attachments: # 1 Second Declaration of Charles D. Tobin, # 2 Exhibit 1 to Second Tobin Decl., # 3 Exhibit 2 to Second Tobin Decl., # 4 Exhibit 3 to Second Tobin Decl., # 5 Exhibit 4 to Second Tobin Decl., # 6 Exhibit 5 to Second Tobin Decl., # 7 Exhibit 6 to Second Tobin Decl., # 8 Exhibit 7 to Second Tobin Decl., # 9 Exhibit 8 to Second Tobin Decl., # 10 Exhibit 9 to Second Tobin Decl., # 11 Supplemental Declaration of Craig Whitlock)(Tobin, Charles) (Entered: 09/27/2019)
2020-06-02MINUTE ORDER. In order to assist the Court in making a responsible de novo determination, SIGAR is directed to deliver to chambers for in camera inspection the 63 ROIs that have been withheld in part from plaintiff pursuant to Exemption 5, on or before June 8, 2020. See Ray v. Turner, 587 F.2d 1187, 1195 (D.C. Cir. 1978). SIGAR must clearly identify the portions of the ROIs it seeks to redact in order to aid in the determination of this issue. SIGAR may coordinate delivery with the Court's Deputy Clerk. SO ORDERED. Signed by Judge Amy Berman Jackson on 6/2/2020. (lcabj3) (Entered: 06/02/2020)
2020-06-0826NOTICE of delivery for in camera, ex parte inspection by SPECIAL INSPECTOR GENERAL FOR AFGHANISTAN RECONSTRUCTION (Kaiser, Sophie) (Entered: 06/08/2020)
2020-09-1527ORDER. Pursuant to Federal Rules of Civil Procedure 56 and 58, and for the reasons stated in the accompanying Memorandum Opinion, it is ORDERED that SIGAR's motion for summary judgment 19 and The Post's cross-motion for summary judgment 22 are both GRANTED IN PART and DENIED IN PART. See Order for complete details. SO ORDERED. Signed by Judge Amy Berman Jackson on 9/15/2020. (lcabj3) (Entered: 09/15/2020)
2020-09-1528MEMORANDUM OPINION. Signed by Judge Amy Berman Jackson on 9/15/2020. (lcabj3) (Entered: 09/15/2020)
2020-09-15MINUTE ORDER. In light of the Memorandum Opinion and Order issued today, the parties must file a joint submission with a proposed schedule for further proceedings by September 23, 2020. SO ORDERED. Signed by Judge Amy Berman Jackson on 9/15/200. (lcabj3) (Entered: 09/15/2020)
2020-09-2329Joint STATUS REPORT by SPECIAL INSPECTOR GENERAL FOR AFGHANISTAN RECONSTRUCTION. (Attachments: # 1 Declaration Hubbard (SIGAR))(Kaiser, Sophie) (Entered: 09/23/2020)
2020-09-24MINUTE ORDER. It is hereby ORDERED that defendant must complete its review of documents, produce documents, and identify and justify any withholdings by October 30, 2020, and the parties must submit a joint status report with a proposed briefing schedule if necessary, by November 10, 2020. SO ORDERED. Signed by Judge Amy Berman Jackson on 9/24/2020. (lcabj3) (Entered: 09/24/2020)
2020-11-1030Joint STATUS REPORT and Proposed Briefing Schedule by WP COMPANY LLC. (Attachments: # 1 Text of Proposed Order)(Tobin, Charles) (Entered: 11/10/2020)
2020-11-12MINUTE ORDER. The Court will adopt the parties' 30 proposed briefing schedule: 1) defendant's renewed motion for summary judgment as to continued withholdings and any remaining issues must be filed by December 15, 2020; 2) plaintiff's opposition and renewed cross-motion, supported by the same memorandum of points and authorities, must be filed by January 5, 2021; 3) defendant's reply, combined with their cross-opposition, must be filed by January 26, 2021; and 4) plaintiff's cross-reply must be filed by February 9, 2021. The parties are ORDERED to inform the Court by November 20, 2020, given the fact that this case has already proceeded through the time-consuming process of summary judgment briefing and the issuance of a Memorandum Opinion twice, whether they would be agreeable to being referred to a Magistrate Judge or the Courts Mediation Program to resolve the remaining disputes. Signed by Judge Amy Berman Jackson on 11/12/20. (lcabj2) (Entered: 11/12/2020)
2020-11-12Set/Reset Deadlines: Defendant's Renewed Motion for Summary Judgment is due by 12/15/2020; Plaintiff's Opposition and Renewed Cross-Motion, supported by the same memorandum of points and authorities, is due by 1/5/2021; Defendant's Reply, combined with their Cross-Opposition, is due by 1/26/2021; Plaintiff's Cross-Reply is due by 2/9/2021. Status Report regarding Mediation is due by 11/20/2020. (jth) (Entered: 11/18/2020)
2020-11-2031Joint STATUS REPORT Regarding Mediation by SPECIAL INSPECTOR GENERAL FOR AFGHANISTAN RECONSTRUCTION. (Kaiser, Sophie) (Entered: 11/20/2020)
2020-12-1532Second MOTION for Summary Judgment by SPECIAL INSPECTOR GENERAL FOR AFGHANISTAN RECONSTRUCTION (Attachments: # 1 Memorandum in Support, # 2 Declaration Fourth Michael Hubbard, # 3 Exhibit SIGAR Third Vaughn, # 4 Exhibit Exemption 5 Vaughn, # 5 Exhibit State Vaughn, # 6 Declaration McCarthy, # 7 Statement of Facts, # 8 Text of Proposed Order)(Kaiser, Sophie) (Entered: 12/15/2020)
2020-12-3133Consent MOTION for Extension of Time to File Opposition and Cross-Motion for Summary Judgment by WP COMPANY LLC (Attachments: # 1 Text of Proposed Order)(Tobin, Charles) (Entered: 12/31/2020)
2021-01-04MINUTE ORDER granting plaintiff's 33 motion for extension of time. It is ORDERED that plaintiff's opposition and renewed cross-motion, supported by the same memorandum of points and authorities, is due by January 8, 2021; defendant's reply, combined with their cross-opposition, is due by January 29, 2021; and plaintiff's cross-reply is due by February 12, 2021. Signed by Judge Amy Berman Jackson on 1/4/21. (lcabj2) (Entered: 01/04/2021)
2021-01-04Set/Reset Deadlines: plaintiff's opposition and renewed cross-motion, supported by the same memorandum of points and authorities, is due by 1/8/2021; defendant's reply, combined with their cross-opposition, is due by 1/29/2021; and plaintiff's cross-reply is due by 2/12/2021. (jth) (Entered: 01/04/2021)
2021-01-0834Memorandum in opposition to re 32 Second MOTION for Summary Judgment filed by WP COMPANY LLC. (Attachments: # 1 Response to Defendant's Statement of Undisupted Material Facts, # 2 Third Declaration of Charles D. Tobin, # 3 Ex. 1 To Third Tobin Decl., # 4 Ex. 2 To Third Tobin Decl., # 5 Ex. 3 To Third Tobin Decl., # 6 Ex. 4 To Third Tobin Decl., # 7 Ex. 5 To Third Tobin Decl., # 8 Ex. 6 To Third Tobin Decl., # 9 Ex. 7 To Third Tobin Decl., # 10 Ex. 8 To Third Tobin Decl., # 11 Ex. 9 To Third Tobin Decl., # 12 Proposed Order)(Tobin, Charles) (Entered: 01/08/2021)
2021-01-0835Cross MOTION for Summary Judgment by WP COMPANY LLC (Attachments: # 1 Memorandum in Support, # 2 Statement of Undisputed Material Facts, # 3 Third Declaration of Charles D. Tobin, # 4 Ex. 1 to Third Tobin Decl., # 5 Ex. 2 to Third Tobin Decl., # 6 Ex. 3 to Third Tobin Decl., # 7 Ex. 4 to Third Tobin Decl., # 8 Ex. 5 to Third Tobin Decl., # 9 Ex. 6 to Third Tobin Decl., # 10 Ex. 7 to Third Tobin Decl., # 11 Ex. 8 to Third Tobin Decl., # 12 Ex. 9 to Third Tobin Decl., # 13 Proposed Order)(Tobin, Charles) (Entered: 01/08/2021)
2021-01-2536Unopposed MOTION for Extension of Time to File Defendant's Opposition to Plaintiff's Renewed Cross-Motion for Summary Judgment and Reply In Support of Defendant's Renewed Cross-Motion for Summary Judgment by SPECIAL INSPECTOR GENERAL FOR AFGHANISTAN RECONSTRUCTION. (Attachments: # 1 Text of Proposed Order)(Kaiser, Sophie) (Entered: 01/25/2021)
2021-01-25MINUTE ORDER granting defendant's 36 motion for extension of time. It is ORDERED that defendant's reply, combined with its cross-opposition, is due by March 1, 2021, and plaintiff's cross-reply is due by March 31, 2021. Signed by Judge Amy Berman Jackson on 1/25/21. (lcabj2) (Entered: 01/25/2021)
2021-01-25Set/Reset Deadlines: Defendant's Reply, combined with its Cross-Opposition, is due by 3/1/2021; Plaintiff's Cross-Reply is due by 3/31/2021. (jth) (Entered: 01/26/2021)
2021-03-0137Memorandum in opposition to re 35 Cross MOTION for Summary Judgment Renewed filed by SPECIAL INSPECTOR GENERAL FOR AFGHANISTAN RECONSTRUCTION. (Attachments: # 1 Declaration Michael Hubbard, # 2 Declaration Eric Stein, # 3 Exhibit Second Exemption 5 Vaughn Index, # 4 Statement of Facts Response, # 5 Text of Proposed Order)(Kaiser, Sophie) Modified on 3/2/2021 to correct filing date due to ECF unavailability on 3/1/2021 (zjf). (Entered: 03/02/2021)
2021-03-0138REPLY to opposition to motion re 32 Second MOTION for Summary Judgment filed by SPECIAL INSPECTOR GENERAL FOR AFGHANISTAN RECONSTRUCTION. (Attachments: # 1 Declaration Michael Hubbard, # 2 Declaration Eric Stein, # 3 Exhibit Exemption 5 Vaughn Index)(Kaiser, Sophie) Modified on 3/2/2021 to correct filing date due to ECF unavailability on 3/1/2021 (zjf). (Entered: 03/02/2021)
2021-03-3139REPLY to opposition to motion re 35 Cross MOTION for Summary Judgment filed by WP COMPANY LLC. (Attachments: # 1 Declaration of Charles Tobin, # 2 Exhibit 1 to Tobin Decl.)(Tobin, Charles) (Entered: 03/31/2021)
2021-07-1440NOTICE OF SUPPLEMENTAL AUTHORITY by WP COMPANY LLC (Attachments: # 1 Exhibit Reporters Comm. for Freedom of the Press v. FBI)(Tobin, Charles) (Entered: 07/14/2021)
2021-07-2041RESPONSE re 40 NOTICE OF SUPPLEMENTAL AUTHORITY filed by SPECIAL INSPECTOR GENERAL FOR AFGHANISTAN RECONSTRUCTION. (Kaiser, Sophie) (Entered: 07/20/2021)
2021-07-2742REPLY re 40 NOTICE OF SUPPLEMENTAL AUTHORITY filed by WP COMPANY LLC. (Tobin, Charles) (Entered: 07/27/2021)
2021-09-3043ORDER. Pursuant to Federal Rules of Civil Procedure 56 and 58, and for the reasons stated in the accompanying Memorandum Opinion, it is ORDERED that defendant's renewed motion for summary judgment 32 and plaintiff's renewed cross motion for summary judgment 35 are GRANTED IN PART AND DENIED IN PART. See order for details. Signed by Judge Amy Berman Jackson on 9/30/21. (lcabj2) (Entered: 09/30/2021)
2021-09-3044MEMORANDUM OPINION. Signed by Judge Amy Berman Jackson on 9/30/21. (lcabj2) (Entered: 09/30/2021)
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