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Case TitleJUDICIAL WATCH, INC. v. U.S. DEPARTMENT OF JUSTICE
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2019cv00879
Date Filed2019-03-27
Date ClosedOpen
JudgeJudge Carl J. Nichols
PlaintiffJUDICIAL WATCH, INC.
Case DescriptionJudicial Watch submitted a FOIA request to the FBI for records concerning a July 2018 meeting between Department of Justice and FBI officials and the Associated Press. The agency acknowledged receipt of the request, but after hearing nothing further from the agency, Judicial Watch filed suit.
Complaint issues: Litigation - Vaughn index, Adequacy - Search, Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantU.S. DEPARTMENT OF JUSTICE
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Opinion/Order [32]
FOIA Project Annotation: Judge Carl Nichols has ruled that the Department of Justice conducted an adequate search for records in response to Judicial Watch's request for records concerning an April 2017 meeting between DOJ and FBI personnel and reporters representing the Associated Press. The request was processed by the Criminal Division, the FBI, and the Office of Information Policy. The Criminal Division searched the emails of seven officials who attended the meeting. Further search revealed that three other officials communicated about the meeting. Their emails were searched. The Criminal Division released 351 pages in part and withheld 54 pages in full. The FBI consulted Special Agent Pfeiffer, who had attended the meeting for the FBI. He indicated that potentially responsive records had been added to the Central Records System's file on the Manafort investigation. The FBI conducted searches of the CRS and found 28 responsive pages. OIP conducted three searches and located 14 responsive pages. Judicial Watch argued that the searches conducted by the three components were insufficient. Specifically, Judicial Watch claimed that OIP should have searched the emails of all staffers at the Office of Public Affairs rather than only emails of OPA staffer Sarah Flores. Nichols indicated the argument seemed to have merit on first examination but that a subsequent affidavit from OIP explained that its search determined that Flores was the only OPA staffer with whom the Criminal Division corresponded about the April 2017 meeting. Nichols noted that "thus, because the lead only implicated Flores â€" not anyone else in the Office of Public Affairs â€" Defendant acted reasonably in searching her emails alone." However, Nichols found that DOJ had not shown why it did not search for records from Assistant U.S. Attorney Shreve Ariail, who had attended the April 2017 meeting. Nichols rejected the agency's claim that neither the FBI nor the Criminal Division had access to Ariail's records, who worked for the Executive Office for U.S. Attorneys. Nichols indicated that "but that misses the point. Plaintiff submitted its request not to the Criminal Division or the FBI, but to DOJ. That DOJ forwarded the request to those two divisions was its own decision. That decision did not relieve DOJ of its obligation to 'pursue a lead it cannot in good faith ignore. The information DOJ uncovered made it 'clear and certain' that Ariail had responsive documents, and DOJ was therefore obligated to search his records (presumably through EOUSA)."
Issues: Adequacy - Search
Opinion/Order [62]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2019-03-271COMPLAINT against U.S. DEPARTMENT OF JUSTICE ( Filing fee $ 400 receipt number 0090-6025743) filed by JUDICIAL WATCH, INC.. (Attachments: # 1 Civil Cover Sheet, # 2 Summons U.S. Attorney for the District of Columbia, # 3 Summons U.S. Attorney General, # 4 Summons U.S. Department of Justice)(Cotca, Ramona) (Entered: 03/27/2019)
2019-03-272LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by JUDICIAL WATCH, INC. (Cotca, Ramona) (Entered: 03/27/2019)
2019-03-27Case Assigned to Judge Reggie B. Walton. (zef, ) (Entered: 03/27/2019)
2019-03-273SUMMONS (3) Issued Electronically as to U.S. DEPARTMENT OF JUSTICE, U.S. Attorney and U.S. Attorney General. (Attachments: # 1 Notice and Consent)(zef, ) (Entered: 03/27/2019)
2019-04-024RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 4/1/2019. ( Answer due for ALL FEDERAL DEFENDANTS by 5/1/2019.), RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 4/1/2019., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF JUSTICE served on 4/1/2019 (Attachments: # 1 Declaration of Cristina Rotaru)(Cotca, Ramona) (Entered: 04/02/2019)
2019-04-295NOTICE of Appearance by Antonia Marie Konkoly on behalf of U.S. DEPARTMENT OF JUSTICE (Konkoly, Antonia) (Entered: 04/29/2019)
2019-04-296Unopposed MOTION for Extension of Time to File Answer re 1 Complaint, by U.S. DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Konkoly, Antonia) (Entered: 04/29/2019)
2019-05-03MINUTE ORDER. Upon consideration of the defendant's 6 Unopposed Motion for Extension of Time to Answer or Otherwise Resond to Plaintiff's Complaint, and for good cause shown, it is hereby ORDERED that the motion is GRANTED. It is further ORDERED that the plaintiff shall respond to the plaintiff's Complaint on or before May 16, 2019. Signed by Judge Reggie B. Walton on May 3, 2019. (lcrbw3) (Entered: 05/03/2019)
2019-05-03Set/Reset Deadlines: Answer to the Complaint due by 5/16/2019, (hs) (Entered: 05/03/2019)
2019-05-167ANSWER to Complaint by U.S. DEPARTMENT OF JUSTICE.(Konkoly, Antonia) (Entered: 05/16/2019)
2019-05-168GENERAL ORDER FOR CIVIL CASES BEFORE THE HONORABLE REGGIE B. WALTON. Signed by Judge Reggie B. Walton on May 16, 2019. (lcrbw3) (Entered: 05/16/2019)
2019-05-16MINUTE ORDER. Because the plaintiff pursues this action under the Freedom of Information Act, the initial disclosure requirements of Federal Rule of Civil Procedure 26(a)(1)(A) are not implicated and no scheduling conference need be held. See Local Civ. R. 16.3(b)(10). Accordingly, it is hereby ORDERED that the parties shall submit to the Court on or before June 28, 2019, a joint status report, proposing a schedule for the filing of, if any, dispositive motions, oppositions thereto, and replies. Signed by Judge Reggie B. Walton on May 16, 2019. (lcrbw3) (Entered: 05/16/2019)
2019-05-17Set/Reset Deadlines: Joint Status Report due by 6/28/2019 (hs) (Entered: 05/17/2019)
2019-06-24Case directly reassigned to Judge Carl J. Nichols. Judge Reggie B. Walton is no longer assigned to the case. (rj) (Entered: 06/24/2019)
2019-06-289Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order)(Konkoly, Antonia) (Entered: 06/28/2019)
2019-08-0210Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Konkoly, Antonia) (Entered: 08/02/2019)
2019-08-14MINUTE ORDER. In light of the Parties' 10 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 14, 2019. (lccjn1) (Entered: 08/14/2019)
2019-08-15Set/Reset Deadlines: Parties Additional Joint Status Report due by 9/13/2019. (mac) (Entered: 08/15/2019)
2019-09-1311Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Konkoly, Antonia) (Entered: 09/13/2019)
2019-09-20MINUTE ORDER. Upon consideration of the Parties' 11 Joint Status Report, which indicates that Defendant's Office of Information Policy plans to complete its necessary searches by November 5, 2019, the Court declines ordering it to do so. It is hereby ORDERED that the Parties shall submit an additional Joint Status Report on or before November 22, 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 11/22/2019. (zcdw) (Entered: 09/22/2019)
2019-10-0712Unopposed MOTION for Extension of Time to Make Production by U.S. DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Konkoly, Antonia) (Entered: 10/07/2019)
2019-11-2213Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Konkoly, Antonia) (Entered: 11/22/2019)
2019-12-11MINUTE ORDER. In light of the Parties' 13 Joint Status Report, it is hereby ORDERED that the Parties shall submit an additional Joint Status Report on or before January 21, 2020. Signed by Judge Carl J. Nichols on December 11, 2019. (lccjn3) (Entered: 12/11/2019)
2019-12-11Set/Reset Deadlines/Hearings: Joint Status Report due by 1/21/2020. (zcdw) (Entered: 12/11/2019)
2020-01-2114Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Konkoly, Antonia) (Entered: 01/21/2020)
2020-01-28MINUTE ORDER. In light of the Parties' 14 Joint Status Report, it is hereby ORDERED that the Parties shall submit an additional Joint Status Report on or before March 13, 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 3/13/2020. (zcdw) (Entered: 01/30/2020)
2020-03-1315Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Konkoly, Antonia) (Entered: 03/13/2020)
2020-03-19MINUTE ORDER. In light of the Parties' 15 Joint Status Report, it is hereby ORDERED that the Parties shall submit an additional Joint Status Report on or before May 22, 2020. Signed by Judge Carl J. Nichols on March 19, 2020. (lccjn3) (Entered: 03/19/2020)
2020-03-19Set/Reset Deadlines/Hearings: Joint Status Report due by 5/22/2020. (zcdw) (Entered: 03/22/2020)
2020-05-2216Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Konkoly, Antonia) (Entered: 05/22/2020)
2020-05-27MINUTE ORDER. In light of the Parties' 16 Joint Status Report, it is hereby ORDERED that: on or before July 2, 2020, OIP shall provide Plaintiff a draft search summary; on or before July 31, 2020, CRM shall provide Plaintiff a draft search summary and draft Vaughn Index; and on or before August 20, 2020, FBI shall provide Plaintiff a draft search summary and draft Vaughn Index. It is further ORDERED that the Parties shall submit an additional Joint Status Report on or before September 18, 2020. Signed by Judge Carl J. Nichols on May 27, 2020. (lccjn3) (Entered: 05/27/2020)
2020-07-2717Unopposed MOTION for Extension of Time to Produce Draft Search Summary and Draft Vaughn Index by U.S. DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Konkoly, Antonia) (Entered: 07/27/2020)
2020-08-03MINUTE ORDER. In light of Defendant's 17 Unopposed Motion for Brief Extension of Time, it is hereby ORDERED that the Motion is GRANTED and that on or before August 7, 2020, CRM shall provide Plaintiff a draft search summary and draft Vaughn index. Signed by Judge Carl J. Nichols on August 3, 2020. (lccjn3) (Entered: 08/03/2020)
2020-08-03Set/Reset Deadlines: Draft Search Summary and Draft Vaughn Index due by 8/7/2020. (zkh) (Entered: 08/03/2020)
2020-08-1818Unopposed MOTION for Extension of Time to File Joint Status Report by U.S. DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Konkoly, Antonia) (Entered: 08/18/2020)
2020-09-15MINUTE ORDER. After review of Defendant's 18 Unopposed Motion for Extension of Time, it is hereby ORDERED that the Motion is GRANTED and that the Parties shall file their next Joint Status Report by October 2, 2020. Signed by Judge Carl J. Nichols on September 15, 2020. (lccjn3) (Entered: 09/15/2020)
2020-09-15Set/Reset Deadlines: Joint Status Report due by 10/2/2020. (zcal) (Entered: 09/15/2020)
2020-10-0219Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Konkoly, Antonia) (Entered: 10/02/2020)
2020-10-06MINUTE ORDER. Upon review of the Parties' 19 Joint Status Report, it is hereby ORDERED that the Parties shall submit an additional Joint Status Report by November 6, 2020 . Signed by Judge Carl J. Nichols on October 6, 2020. (lccjn3) (Entered: 10/06/2020)
2020-10-06Set/Reset Deadlines: Joint Status Report due by 11/6/2020. (zcal) (Entered: 10/06/2020)
2020-11-0620Joint STATUS REPORT by JUDICIAL WATCH, INC.. (Cotca, Ramona) (Entered: 11/06/2020)
2020-11-18MINUTE ORDER. Upon review of the Parties' 20 Joint Status Report, it is hereby ORDERED that the Parties shall file an additional Joint Status Report by December 11, 2020 . Signed by Judge Carl J. Nichols on November 18, 2020. (lccjn3) Modified on 11/20/2020 (lczm). (Entered: 11/18/2020)
2020-11-18Set/Reset Deadlines: Joint Status Report due by 12/11/2020. (zcal) Modified on 11/20/2020 (zcal). (Entered: 11/18/2020)
2020-12-1121Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Konkoly, Antonia) (Entered: 12/11/2020)
2020-12-14MINUTE ORDER. Upon review of the Parties' 21 Joint Status Report, it is hereby ORDERED that the Parties shall file another Joint Status Report by January 6, 2021 . Signed by Judge Carl J. Nichols on December 14, 2020. (lccjn3) (Entered: 12/14/2020)
2020-12-14Set/Reset Deadlines: Joint Status Report due by 1/6/2021. (zcal) (Entered: 12/15/2020)
2021-01-0522Joint STATUS REPORT by JUDICIAL WATCH, INC.. (Attachments: # 1 Text of Proposed Order)(Cotca, Ramona) (Entered: 01/05/2021)
2021-01-07MINUTE ORDER. Upon review of the Parties' 22 Joint Status Report, the Court hereby adopts the following briefing schedule: Defendant shall file its summary judgment motion by February 25, 2021 ; Plaintiff shall file its opposition and cross-motion for summary judgment by March 25, 2021 ; Defendant shall file its combined opposition and reply by April 22, 2021 ; and Plaintiff shall reply by May 20, 2021 . Signed by Judge Carl J. Nichols on January 7, 2021. (lccjn3) (Entered: 01/07/2021)
2021-01-07Set/Reset Deadlines: Summary Judgment motions due by 2/25/2021. Response to Motion for Summary Judgment due by 3/25/2021. Cross Motions due by 3/25/2021. Response to Cross Motions due by 4/22/2021. Reply to Motion for Summary Judgment due by 4/22/2021. Reply to Cross Motions due by 5/20/2021. (zcal) (Entered: 01/07/2021)
2021-02-1823Consent MOTION for Extension of Time to Move for Summary Judgment by U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order)(Konkoly, Antonia) (Entered: 02/18/2021)
2021-02-19MINUTE ORDER. Upon review of Defendant's 23 Consent Motion for Extension of Time, it is hereby ORDERED that the Motion is GRANTED. The Court thus adopts the following amended briefing scheduling: Defendant shall file its summary judgment motion by March 11, 2021 ; Plaintiff shall file its opposition and cross-motion for summary judgment by April 8, 2021 ; Defendant shall file its combined opposition and reply by May 6, 2021 ; and Plaintiff shall reply by June 3, 2021 . Signed by Judge Carl J. Nichols on February 19, 2021. (lccjn3) (Entered: 02/19/2021)
2021-02-19Set/Reset Deadlines: Summary Judgment motions due by 3/11/2021. Response to Motion for Summary Judgment due by 4/8/2021. Cross Motions due by 4/8/2021. Reply to Motion for Summary Judgment due by 5/6/2021. Response to Cross Motions due by 5/6/2021. Reply to Cross Motions due by 6/3/2021. (zcal) (Entered: 02/22/2021)
2021-03-1124MOTION for Summary Judgment by U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Memorandum in Support, # 2 Declaration of Michael G. Seidel, # 3 Declaration of Jonathan M. Breyan, # 4 Declaration of Courtney J. O'Keefe, # 5 Exhibit 1, # 6 Statement of Facts, # 7 Text of Proposed Order)(Konkoly, Antonia) (Entered: 03/11/2021)
2021-04-0225Unopposed MOTION for Extension of Time to file Cross-Motion for Summary Judgment and Opposition, by JUDICIAL WATCH, INC.. (Attachments: # 1 Text of Proposed Order)(Cotca, Ramona) (Entered: 04/02/2021)
2021-04-12MINUTE ORDER. Upon review of Plaintiff's 25 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 its opposition and cross-motion for summary judgment by April 15, 2021; Defendant shall file its combined opposition and reply by May 13, 2021; and Plaintiff shall reply by June 10, 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 4/15/2021. Response to Motion for Summary Judgment due by 4/15/2021. Reply to Motion for Summary Judgment due by 5/13/2021. Response to Cross Motions due by 5/13/2021. Reply to Cross Motions due by 6/10/2021. (zcal) (Entered: 04/12/2021)
2021-04-1526Memorandum in opposition to re 24 MOTION for Summary Judgment with Plaintiff's Response to Defendant's Statement of Material Facts as to Which There Is No Issue and Further Statement of Material Facts in Support of Plaintiff's Cross-Motion filed by JUDICIAL WATCH, INC.. (Attachments: # 1 Declaration Decl. of Ramona R. Cotca, # 2 Text of Proposed Order)(Cotca, Ramona) (Entered: 04/15/2021)
2021-04-1527Cross MOTION for Summary Judgment with Plaintiff's Response to Defendant's Statement of Material Facts as to Which There Is No Issue and Further Statement of Material Facts in Support of Plaintiff's Cross-Motion by JUDICIAL WATCH, INC.. (Attachments: # 1 Declaration Decl. of Ramona R. Cotca, # 2 Text of Proposed Order)(Cotca, Ramona) (Entered: 04/15/2021)
2021-05-1028Unopposed MOTION for Extension of Time to File Response/Reply To Extend Briefing Schedule by U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order)(Konkoly, Antonia) (Entered: 05/10/2021)
2021-05-11ENTERED IN ERROR.....NOTICE of Provisional/Government Not Certified Status re 28 Unopposed MOTION for Extension of Time to File Response/Reply by U.S. DEPARTMENT OF JUSTICE. (Konkoly, Antonia). Your attorney renewal/government certification has not been received. As a result, your membership with the U.S. District & Bankruptcy Courts for the District of Columbia is not in good standing, and you are not permitted to file. Pursuant to Local Civil Rule 83.9, you must immediately correct your membership status by following the appropriate instructions on this page of our website: https://www.dcd.uscourts.gov/attorney-admissions-and-renewal-information. Please be advised that the presiding judge in this case has been notified that you are currently not in good standing to file in this court. Renewal Due by 5/18/2021. (znmw) Modified on 5/11/2021 (znmw). (Entered: 05/11/2021)
2021-05-11NOTICE OF CORRECTED DOCKET ENTRY: re Notice of Provisional/Government Not Certified Status was entered in error; please disregard. (znmw) (Entered: 05/11/2021)
2021-05-13MINUTE ORDER. Upon review of the government's 28 Unopposed Motion to Extend Briefing Schedule, it is hereby ORDERED that the Motion is GRANTED. The government shall file its combined Opposition and Reply by June 22, 2021 , and Plaintiff shall file its Reply by July 20, 2021 . Signed by Judge Carl J. Nichols on May 13, 2021. (lccjn3) (Entered: 05/13/2021)
2021-05-13Set/Reset Deadlines: Reply to Cross Motions due by 6/22/2021. Response to Motion for Summary Judgment due by 6/22/2021. Reply to Motion for Summary Judgment due by 7/20/2021. (zcal) (Entered: 05/13/2021)
2021-06-2229Memorandum in opposition to re 27 Cross MOTION for Summary Judgment with Plaintiff's Response to Defendant's Statement of Material Facts as to Which There Is No Issue and Further Statement of Material Facts in Support of Plaintiff's Cross-Motion filed by U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Second Declaration of Courtney J. OKeefe, # 2 Second Declaration of Michael G. Seidel, # 3 Second Declaration of Jonathan M. Breyan, # 4 Response to Plaintiff's Statement of Facts and Supplemental Statement of Facts)(Konkoly, Antonia) Modified docket event/text on 6/23/2021 (eg). (Entered: 06/22/2021)
2021-06-2230REPLY to opposition to motion re 24 MOTION for Summary Judgment filed by U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Second Declaration of Courtney J. OKeefe, # 2 Second Declaration of Michael G. Seidel, # 3 Second Declaration of Jonathan M. Breyan, # 4 Response to Plaintiff's Statement of Facts and Supplemental Statement of Facts)(Konkoly, Antonia) (Entered: 06/22/2021)
2021-07-2031REPLY to opposition to motion re 27 Cross MOTION for Summary Judgment with Plaintiff's Response to Defendant's Statement of Material Facts as to Which There Is No Issue and Further Statement of Material Facts in Support of Plaintiff's Cross-Motion (with Plaintiff's Response to Defendant's Supplemental Statement of Material Facts) filed by JUDICIAL WATCH, INC.. (Attachments: # 1 Declaration (2nd of Ramona R. Cotca with Exhibits))(Cotca, Ramona) (Entered: 07/20/2021)
2022-03-2832MEMORANDUM OPINION. Signed by Judge Carl J. Nichols on March 28, 2022. (lccjn3) (Entered: 03/28/2022)
2022-03-2833ORDER. Signed by Judge Carl J. Nichols on March 28, 2022. (lccjn3) (Entered: 03/28/2022)
2022-08-2334Joint STATUS REPORT by JUDICIAL WATCH, INC.. (Cotca, Ramona) (Entered: 08/23/2022)
2022-11-0435Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Konkoly, Antonia) (Entered: 11/04/2022)
2022-11-14MINUTE ORDER. Upon consideration of the Parties' 35 Joint Status Report, it is hereby ORDERED that the next Joint Status Report in this matter be filed on or before December 2, 2022. Signed by Judge Carl J. Nichols on November 14, 2022. (lccjn3) (Entered: 11/14/2022)
2022-11-14Set/Reset Deadlines: Joint Status Report due by 12/2/2022. (zcal) (Entered: 11/14/2022)
2022-12-0236Joint STATUS REPORT by JUDICIAL WATCH, INC.. (Attachments: # 1 Exhibit Ex. 1)(Cotca, Ramona) (Entered: 12/02/2022)
2022-12-06MINUTE ORDER. Upon consideration of the Joint Status Report 36 , it is hereby ORDERED that the Parties shall file the next report on or before December 16, 2022. Signed by Judge Carl J. Nichols on December 6, 2022. (lccjn3) (Entered: 12/06/2022)
2022-12-06Set/Reset Deadlines: Joint Status Report due by 12/16/2022. (zkh) (Entered: 12/06/2022)
2022-12-1637Joint STATUS REPORT by JUDICIAL WATCH, INC.. (Cotca, Ramona) Modified Docket Text on 12/19/2022 (zed). (Entered: 12/16/2022)
2022-12-21MINUTE ORDER. Upon consideration of the 37 Interim Joint Status Report, it is hereby ORDERED that the parties shall file a Joint Status Report on January 6, 2023, and every 14 days thereafter. Signed by Judge Carl J. Nichols on December 21, 2022. (lccjn3) (Entered: 12/21/2022)
2022-12-21Set/Reset Deadlines: Joint Status Report due by 1/6/2023. (zsmc) (Entered: 12/21/2022)
2023-01-0638STATUS REPORT by JUDICIAL WATCH, INC.. (Attachments: # 1 Exhibit Ex. 1)(Cotca, Ramona) (Entered: 01/06/2023)
2023-01-0739NOTICE Regarding Plaintiff's Status Report by U.S. DEPARTMENT OF JUSTICE re 38 Status Report (Konkoly, Antonia) (Entered: 01/07/2023)
2023-01-2040Joint STATUS REPORT by JUDICIAL WATCH, INC.. (Attachments: # 1 Exhibit Ex. 1)(Cotca, Ramona) (Entered: 01/20/2023)
2023-01-24MINUTE ORDER. Upon consideration of the 40 Joint Status Report, it is hereby ORDERED that the Parties shall appear before the Court for a hearing in Courtroom 17 on February 16, 2023, at 10:00 AM. Signed by Judge Carl J. Nichols on January 24, 2023. (lccjn3) (Entered: 01/24/2023)
2023-01-24Set/Reset Hearings: Status Conference scheduled for 2/16/2023, at 10:00 AM in Courtroom 17- In Person before Judge Carl J. Nichols. (ztg) (Entered: 01/24/2023)
2023-02-1441Emergency MOTION to Continue and Consent Motion by JUDICIAL WATCH, INC.. (Attachments: # 1 Text of Proposed Order)(Cotca, Ramona) (Entered: 02/14/2023)
2023-02-14MINUTE ORDER. Upon consideration of 41 Consent Motion to Continue, it is hereby ORDERED that the Motion is granted. The status conference currently set for February 16, 2023, is reset for February 23, 2023, in Courtroom 17 at 2:00 PM. Signed by Judge Carl J. Nichols on February 14, 2023. (lccjn3) (Entered: 02/14/2023)
2023-02-14Set/Reset Hearings: Status Conference RESET for 2/23/2023 at 02:00 PM in Courtroom 17- In Person before Judge Carl J. Nichols. (zcam) (Entered: 02/15/2023)
2023-02-1642NOTICE of Appearance by Kathryn Brooke Blankenberg on behalf of All Plaintiffs (Blankenberg, Kathryn) (Entered: 02/16/2023)
2023-02-1743Consent MOTION to Continue Hearing by U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order)(Konkoly, Antonia) (Entered: 02/17/2023)
2023-02-21MINUTE ORDER. Upon consideration of 43 Consent Motion to Continue, it is hereby ORDERED that the Motion is granted. The status conference currently set for February 23, 2023, is reset for March 9, 2023, in Courtroom 17 at 1:00 PM. Signed by Judge Carl J. Nichols on February 21, 2023. (lccjn3) (Entered: 02/21/2023)
2023-02-21Set/Reset Hearings: Status Conference RESET for 3/9/2023 at 01:00 PM in Courtroom 17- In Person before Judge Carl J. Nichols. (zcam) (Entered: 02/21/2023)
2023-03-09Minute Entry for proceedings held before Judge Carl J. Nichols: Scheduling Conference held on 3/9/2023. The Court directed the parties to meet and confer and submit a Proposed Briefing Schedule due by 3/17/2023. (Court Reporter: Lorraine Herman). (jth) (Entered: 03/09/2023)
2023-03-1744PROPOSED BRIEFING SCHEDULE (Joint) by JUDICIAL WATCH, INC.. (Cotca, Ramona) (Entered: 03/17/2023)
2023-04-03MINUTE ORDER. Upon consideration of 44 Proposed Briefing Schedule, it is hereby ORDERED that Defendant file its Motion for Summary Judgment on or before May 25, 2023; Plaintiff to file its Opposition and Cross-Motion for Summary Judgment on or before July 10, 2023; Defendant to file its Opposition and Reply on August 18, 2023; and Plaintiff to file its Reply on September 18, 2023. In the event Plaintiff files a Rule 56(d) motion, the Court will stay this briefing schedule pending resolution of the Rule 56(d) motion. Signed by Judge Carl J. Nichols on April 3, 2023. (lccjn3) (Entered: 04/03/2023)
2023-04-04Set/Reset Deadlines: Defendant Motion For Summary Judgment due by 05/25/2023. Plaintiff Opposition And Cross-Motion For Summary Judgment due by 07/10/2023. Defendant Opposition And Reply due by 08/18/2023. Plaintiff Reply due 9/18/2023. (mac) (Entered: 04/04/2023)
2023-05-0145TRANSCRIPT OF STATUS CONFERENCE PROCEEDINGS, before Judge Carl J. Nichols, held on March 9, 2023. Page Numbers: 1-28. Date of Issuance: May 1, 2023. Court Reporter: Lorraine Herman. Telephone number: 202-354-3196. 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, CD 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 5/22/2023. Redacted Transcript Deadline set for 6/1/2023. Release of Transcript Restriction set for 7/30/2023.(Herman, Lorraine) (Entered: 05/01/2023)
2023-05-1846Unopposed MOTION for Extension of Time to Brief Schedule by U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order)(Konkoly, Antonia) (Entered: 05/18/2023)
2023-05-1847ERRATA by U.S. DEPARTMENT OF JUSTICE re 46 Motion for Extension of Time to. (Konkoly, Antonia) (Entered: 05/18/2023)
2023-05-19MINUTE ORDER. Upon consideration of 46 Unopposed Motion for Extension of Time, it is hereby ORDERED that the Motion is GRANTED. Defendant shall file its Motion for Summary Judgment on or before June 1, 2023. Plaintiff shall file its opposition and cross-motion, or, alternatively, its Rule 56(d) motion, on or before July 17, 2023. Defendant shall file its reply in support of its motion and its opposition to Plaintiffs motion on or before August 17, 2023. Plaintiff shall file its reply in support of its motion on or before September 18, 2023. Signed by Judge Carl J. Nichols on May 19, 2023. (lccjn3) (Entered: 05/19/2023)
2023-06-0148MOTION for Summary Judgment by U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Memorandum in Support, # 2 Declaration of Kara Cain, # 3 Declaration of Jeanette Gonzalez-Rivera, # 4 Statement of Facts, # 5 Text of Proposed Order)(Konkoly, Antonia) (Entered: 06/01/2023)
2023-06-0549NOTICE of Appearance by Lauren M. Burke on behalf of JUDICIAL WATCH, INC. (Burke, Lauren) (Entered: 06/05/2023)
2023-07-1750Cross MOTION for Summary Judgment by JUDICIAL WATCH, INC.. (Attachments: # 1 Statement of Facts Plf's Statement of Facts, # 2 Declaration Blankenberg Declaration, # 3 Exhibit Exhibit Index, # 4 Exhibit Exhibit 1, # 5 Exhibit Exhibit 2, # 6 Exhibit Exhibit 3, # 7 Text of Proposed Order Plf's Proposed Order)(Blankenberg, Kathryn) (Entered: 07/17/2023)
2023-07-1751Memorandum in opposition to re 48 Motion for Summary Judgment, filed by JUDICIAL WATCH, INC.. (Attachments: # 1 Statement of Facts Plf's Statement of Facts, # 2 Declaration Blankenberg Declaration, # 3 Exhibit Exhibit Index, # 4 Exhibit Exhibit 1, # 5 Exhibit Exhibit 2, # 6 Exhibit Exhibit 3, # 7 Text of Proposed Order Plf's Proposed Order)(Blankenberg, Kathryn) (Entered: 07/17/2023)
2023-07-1752ENTERED IN ERROR.....Memorandum in opposition to re 48 Motion for Summary Judgment, filed by JUDICIAL WATCH, INC. (See Docket Entry 50 to view document). (zed) Modified on 7/18/2023 as a duplicate to DE 51 (zed). (Entered: 07/18/2023)
2023-08-1453Unopposed MOTION for Extension of Time to File Response/Reply To Extend Briefing Schedule by U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order)(Konkoly, Antonia) (Entered: 08/14/2023)
2023-08-14MINUTE ORDER. Upon consideration of 53 Unopposed Motion for Extension of Time, it is hereby ORDERED that the Motion is GRANTED. The government shall file its combined opposition to Plaintiff's motion for summary judgment and reply in support of its own motion for summary judgment on or before September 8, 2023. Plaintiff shall file its reply in support of its motion on or before October 10, 2023. Signed by Judge Carl J. Nichols on August 14, 2023. (lccjn3) (Entered: 08/14/2023)
2023-08-14Set/Reset Deadlines: Defendant's Reply to Motion for Summary Judgment and Response to Cross Motion due by 9/8/2023. Plaintiff's Reply to Cross Motion due by 10/10/2023. (zkh) (Entered: 08/14/2023)
2023-09-0554Unopposed MOTION for Extension of Time to File Response/Reply To Extend Briefing Schedule by U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order)(Konkoly, Antonia) (Entered: 09/05/2023)
2023-10-1955Memorandum in opposition to re 50 Motion for Summary Judgment, filed by U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Second Declaration of Kara Cain, # 2 Third Declaration of Courtney J. OKeefe, # 3 Second Declaration of Jeanette Gonzalez-Rivera, # 4 Third Declaration of Jonathan M. Breyan, # 5 Declaration of Shannon R. Hammer, # 6 Statement of Facts)(Konkoly, Antonia) (Entered: 10/19/2023)
2023-10-1956REPLY to opposition to motion re 48 MOTION for Summary Judgment filed by U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Second Declaration of Kara Cain, # 2 Third Declaration of Courtney J. OKeefe, # 3 Second Declaration of Jeanette Gonzalez-Rivera, # 4 Third Declaration of Jonathan M. Breyan, # 5 Declaration of Shannon R. Hammer, # 6 Statement of Facts)(Konkoly, Antonia) (Entered: 10/19/2023)
2023-10-2457NOTICE by U.S. DEPARTMENT OF JUSTICE (Attachments: # 1 Fourth Declaration of Courtney J. O'Keefe)(Konkoly, Antonia) (Entered: 10/24/2023)
2023-11-08MINUTE ORDER. Upon consideration of Defendants 54 Second Unopposed Motion to Extend Briefing Schedule, it is hereby ORDERED that the Motion is GRANTED. It is further ORDERED that this case shall proceed according to the following revised schedule nunc pro tunc: (1) Defendant shall file its combined opposition to Plaintiffs motion for summary judgment and reply in support of its own motion for summary judgment on or before October 19, 2023; and (2) Plaintiff shall file its reply in support of its motion on or before November 21, 2023. So Ordered by Judge Carl J. Nichols on 11/8/2023.(lccnj3) (Entered: 11/08/2023)
2023-11-2158REPLY to opposition to motion re 50 Cross MOTION for Summary Judgment filed by JUDICIAL WATCH, INC.. (Attachments: # 1 Declaration Cotca Decl. with Ex. 1)(Cotca, Ramona) (Entered: 11/21/2023)
2023-12-1959MOTION for Leave to File Sur-Reply by U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Exhibit 1 (Proposed Sur-Reply), # 2 Text of Proposed Order)(Konkoly, Antonia) (Entered: 12/19/2023)
2024-01-0260RESPONSE re 59 MOTION for Leave to File Sur-Reply filed by JUDICIAL WATCH, INC.. (Attachments: # 1 Exhibit Ex. A)(Cotca, Ramona) (Entered: 01/02/2024)
2024-03-2161ORDER granting 48 Motion for Summary Judgment and denying 50 Motion for Summary Judgment. Signed by Judge Carl J. Nichols on 3/21/2024. (lccjn3) (Entered: 03/21/2024)
2024-03-2162MEMORANDUM OPINION. Signed by Judge Carl J. Nichols on 3/21/2024. (lccjn3) (Entered: 03/21/2024)
2024-04-0363NOTICE OF SUBSTITUTION OF COUNSEL by Chris E. Mendez on behalf of U.S. DEPARTMENT OF JUSTICE Substituting for attorney Antonia Konkoly (Mendez, Chris) (Entered: 04/03/2024)
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