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Case TitleAMERICAN OVERSIGHT v. U.S. DEPARTMENT OF LABOR et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2019cv01300
Date Filed2019-05-06
Date Closed2021-01-06
JudgeJudge Emmet G. Sullivan
PlaintiffAMERICAN OVERSIGHT
Case DescriptionAmerican Oversight submitted FOIA requests to the Department of Labor and the Department of Justice for records concerning communications with Steve Wynn Resorts, whose businesses had been impacted by changes in polices pertaining to tip-pooling. The agencies acknowledged receipt of the requests, but after hearing nothing further from either agency, American Oversight filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Vaughn index, Litigation - Attorney's fees

DefendantU.S. DEPARTMENT OF LABOR
DefendantU.S. DEPARTMENT OF JUSTICE
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2019-05-061COMPLAINT against U.S. DEPARTMENT OF JUSTICE, U.S. DEPARTMENT OF LABOR ( Filing fee $ 400 receipt number 0090-6104531) filed by AMERICAN OVERSIGHT. (Attachments: # 1 Civil Cover Sheet, # 2 Summons to U.S. Attorney, # 3 Summons to U.S. Attorney General, # 4 Summons to U.S. Department of Labor, # 5 Summons to U.S. Department of Justice)(Cafasso, Cerissa) (Entered: 05/06/2019)
2019-05-062LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by AMERICAN OVERSIGHT (Cafasso, Cerissa) (Entered: 05/06/2019)
2019-05-07Case Assigned to Judge Emmet G. Sullivan. (zef, ) (Entered: 05/07/2019)
2019-05-073SUMMONS (4) Issued Electronically as to U.S. DEPARTMENT OF JUSTICE, U.S. DEPARTMENT OF LABOR, U.S. Attorney and U.S. Attorney General. (Attachments: # 1 Notice and Consent)(zef, ) (Entered: 05/07/2019)
2019-05-144STANDING ORDER: The parties are directed to read the attached Standing Order Governing Civil Cases Before Judge Emmet G. Sullivan in its entirety upon receipt. The parties are hereby ORDERED to comply with the directives in the attached Standing Order. Signed by Judge Emmet G. Sullivan on 05/14/19. (Attachment: Exhibit 1) (mac) (Entered: 05/14/2019)
2019-05-145MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Katherine M. Anthony, :Firm- American Oversight, :Address- 1030 15th St. NW, B255, Washington, DC 20005. Phone No. - (202) 897-3918. Fax No. - (202) 871-6523 Filing fee $ 100, receipt number 0090-6123154. Fee Status: Fee Paid. by AMERICAN OVERSIGHT (Attachments: # 1 Declaration of Katherine M. Anthony, # 2 Text of Proposed Order)(Cafasso, Cerissa) (Entered: 05/14/2019)
2019-05-14MINUTE ORDER granting 5 Motion for Leave to Appear Pro Hac Vice. The Court hereby grants attorney Katherine M. Anthony pro hac vice admission to this Court pursuant to Local Civil Rule 83.2. Signed by Judge Emmet G. Sullivan on 5/14/2019. (lcegs3) (Entered: 05/14/2019)
2019-05-156NOTICE of Appearance by April Denise Seabrook on behalf of All Defendants (Seabrook, April) (Entered: 05/15/2019)
2019-05-297RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 5/8/2019. ( Answer due for ALL FEDERAL DEFENDANTS by 6/7/2019.), RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 5/13/2019., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF LABOR served on 5/13/2019 (Attachments: # 1 Declaration of Clay M. Goode)(Anthony, Katherine) (Entered: 05/29/2019)
2019-06-03MINUTE ORDER. Plaintiff brings this action pursuant to the Freedom of Information Act ("FOIA"), 5 U.S.C. § 552. The parties are directed to meet and confer and propose a joint scheduling order for further proceedings in this case by no later than June 14, 2019. The parties' joint proposed scheduling order shall address the following: (1) The status of plaintiff's FOIA requests; (2) The anticipated number of documents responsive to plaintiff's FOIA requests; (3) The anticipated date(s) for release of documents responsive to plaintiff's FOIA requests; (4) Whether a motion for an Open America stay is likely in this case; (5) Whether a Vaughn index will be required in this case; (6) Whether this case would benefit from referral to a magistrate judge or the District Court Mediation Program for purposes of settlement; and (7) A proposed briefing schedule for dispositive motions, if applicable. If the parties are unable to agree on a joint recommendation, the joint proposed scheduling order shall include each party's individual recommendations. Signed by Judge Emmet G. Sullivan on 6/3/2019. (lcegs3) (Entered: 06/03/2019)
2019-06-03Set/Reset Deadlines: Joint Scheduling Order due by 6/14/2019. (mac) (Entered: 06/03/2019)
2019-06-038RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF JUSTICE served on 6/3/2019 (Attachments: # 1 Declaration of Clay M. Goode)(Anthony, Katherine) (Entered: 06/03/2019)
2019-06-079UNOPPOSED MOTION for Extension of Time to File Answer by U.S. DEPARTMENT OF JUSTICE, U.S. DEPARTMENT OF LABOR (Attachments: # 1 Text of Proposed Order)(zrdj) (Entered: 06/10/2019)
2019-06-11MINUTE ORDER granting 9 Defendants' Unopposed Motion for Extension of Time to File Answer. Defendants shall file their answer or other response to the Complaint by no later than July 8, 2019. Signed by Judge Emmet G. Sullivan on 6/11/2019. (lcegs3) (Entered: 06/11/2019)
2019-06-11Set/Reset Deadlines: Defendants Answer Or Otherwise Response To The Complaint due by 7/8/2019. (mac) (Entered: 06/11/2019)
2019-06-1410Joint STATUS REPORT by AMERICAN OVERSIGHT. (Attachments: # 1 Text of Proposed Order)(Anthony, Katherine) (Entered: 06/14/2019)
2019-06-26MINUTE ORDER. In view of the parties' 10 Joint Status Report, the Court STAYS its Minute Order of June 3, 2019. The parties shall meet and confer and propose a joint scheduling order for further proceedings in this case by no later than July 15, 2019. The parties joint proposed scheduling order shall address the following: (1) The status of plaintiffs FOIA requests; (2) The anticipated number of documents responsive to plaintiffs FOIA requests; (3) The anticipated date(s) for release of documents responsive to plaintiffs FOIA requests; (4) Whether a motion for an Open America stay is likely in this case; (5) Whether a Vaughn index will be required in this case; (6) Whether this case would benefit from referral to a magistrate judge or the District Court Mediation Program for purposes of settlement; and (7) A proposed briefing schedule for dispositive motions, if applicable. If the parties are unable to agree on a joint recommendation, the joint proposed scheduling order shall include each party's individual recommendations. Signed by Judge Emmet G. Sullivan on 6/26/2019. (lcegs3) (Entered: 06/26/2019)
2019-06-26Set/Reset Deadlines: Joint Scheduling Order due by 7/15/2019. (mac) (Entered: 06/26/2019)
2019-07-1411Consent MOTION for Extension of Time to File Answer re 1 Complaint, by U.S. DEPARTMENT OF JUSTICE, U.S. DEPARTMENT OF LABOR (Seabrook, April) (Entered: 07/14/2019)
2019-07-15MINUTE ORDER granting 11 Defendants' Consent Motion for Extension of Time to File Answer re 1 Complaint. Defendants indicate that their failure to timely file an answer or other response to the Complaint is attributable to their unsuccessful attempts to identify agency counsel for one of the named defendants. The Court grants nunc pro tunc Defendants' consent motion, based on a finding of excusable neglect. See Fed. R. Civ. P. 6(b)(1)(B). Defendants shall file their answer or other response to the Complaint by no later than July 18, 2019. Signed by Judge Emmet G. Sullivan on 7/15/2019. (lcegs3) (Entered: 07/15/2019)
2019-07-1512Joint STATUS REPORT by AMERICAN OVERSIGHT. (Anthony, Katherine) (Entered: 07/15/2019)
2019-07-16Set/Reset Deadlines: Defendants Answer Or Otherwise Response To The Complaint due by 7/18/2019. (mac) (Entered: 07/16/2019)
2019-07-16MINUTE ORDER. In view of the 12 Joint Status Report, the parties are directed to file another joint status report by no later than August 14, 2019, updating the Court on the status of Defendants' searches and responses to Plaintiff's FOIA requests. Signed by Judge Emmet G. Sullivan on 7/16/2019. (lcegs3) (Entered: 07/16/2019)
2019-07-17Set/Reset Deadlines: Joint Status Report due by 8/14/2019. (mac) (Entered: 07/17/2019)
2019-07-1813ANSWER to Complaint by U.S. DEPARTMENT OF JUSTICE, U.S. DEPARTMENT OF LABOR. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Supplement 6)(Seabrook, April) (Entered: 07/18/2019)
2019-08-1414Joint STATUS REPORT by AMERICAN OVERSIGHT. (Anthony, Katherine) (Entered: 08/14/2019)
2019-08-16MINUTE ORDER. In view of the 14 Joint Status Report, the parties are directed to file another joint status report by no later than September 18, 2019, updating the Court on the status of Defendants' searches and responses to Plaintiff's FOIA requests. The parties shall file a proposed order with each joint status report. Signed by Judge Emmet G. Sullivan on 8/16/2019. (lcegs3) (Entered: 08/16/2019)
2019-08-16Set/Reset Deadlines/Hearings: Joint Status Report due by 9/18/2019. (zcdw) (Entered: 08/19/2019)
2019-09-1815Joint STATUS REPORT by AMERICAN OVERSIGHT. (Attachments: # 1 Text of Proposed Order)(Anthony, Katherine) (Entered: 09/18/2019)
2019-09-19MINUTE ORDER. In view of the 15 Joint Status Report, the parties are directed to file another joint status report by no later than October 21, 2019, updating the Court on the status of Defendants' processing of Plaintiff's FOIA requests and any agreements reached between the parties. Signed by Judge Emmet G. Sullivan on 9/19/2019.(lcegs3) (Entered: 09/19/2019)
2019-09-20Set/Reset Deadlines: Joint Status Report due by 10/21/2019. (mac) (Entered: 09/20/2019)
2019-10-2116Joint STATUS REPORT by AMERICAN OVERSIGHT. (Attachments: # 1 Text of Proposed Order)(Anthony, Katherine) (Entered: 10/21/2019)
2019-10-22MINUTE ORDER. In view of the 16 Joint Status Report, the parties are directed to file another joint status report by no later than November 21, 2019, proposing a recommendation for further proceedings. Signed by Judge Emmet G. Sullivan on 10/22/2019. (lcegs3) (Entered: 10/22/2019)
2019-10-23Set/Reset Deadlines: Joint Status Report due by 11/21/2019. (mac) (Entered: 10/23/2019)
2019-10-2317NOTICE OF WITHDRAWAL OF APPEARANCE as to AMERICAN OVERSIGHT. Attorney Cerissa Cafasso terminated. (Attachments: # 1 Exhibit A)(Cafasso, Cerissa) (Entered: 10/23/2019)
2019-11-2118ENTERED IN ERROR.....Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE, U.S. DEPARTMENT OF LABOR. (Seabrook, April) Modified on 11/22/2019 (jf). (Entered: 11/21/2019)
2019-11-22MINUTE ORDER. Upon consideration of the 18 Joint Status Report, the parties are FORTHWITH DIRECTED to re-file the joint status report with the signature of each attorney as required by Federal Rule of Civil Procedure 11(a). Signed by Judge Emmet G. Sullivan on 11/22/2019. (lcegs3) (Entered: 11/22/2019)
2019-11-2219Joint STATUS REPORT (signed) by U.S. DEPARTMENT OF JUSTICE, U.S. DEPARTMENT OF LABOR. (Seabrook, April) (Entered: 11/22/2019)
2019-11-22NOTICE OF CORRECTED DOCKET ENTRY: Document No. re 18 Status Report was entered in error and refiled by counsel. (See Docket Entry 18 to view document)(zjf) (Entered: 11/22/2019)
2019-11-22MINUTE ORDER. In view of the 19 Joint Status Report, the parties are directed to file another joint status report by no later than December 19, 2019, informing the Court of the status of Plaintiff's FOIA requests and proposing a recommendation for further proceedings. Signed by Judge Emmet G. Sullivan on 11/22/2019. (lcegs3) (Entered: 11/22/2019)
2019-11-22Set/Reset Deadlines: Joint Status Report due by 12/19/2019. (mac) (Entered: 11/22/2019)
2019-12-1920Joint STATUS REPORT by AMERICAN OVERSIGHT. (Attachments: # 1 Text of Proposed Order)(Anthony, Katherine) (Entered: 12/19/2019)
2019-12-20MINUTE ORDER. In view of the 20 Joint Status Report, the parties are directed to file another joint status report by no later than January 23, 2020. Signed by Judge Emmet G. Sullivan on 12/20/2019. (lcegs3) (Entered: 12/20/2019)
2019-12-20Set/Reset Deadlines: Joint Status Report due by 1/23/2020. (mac) (Entered: 12/20/2019)
2020-01-2321Joint STATUS REPORT by AMERICAN OVERSIGHT. (Attachments: # 1 Text of Proposed Order)(Anthony, Katherine) (Entered: 01/23/2020)
2020-01-24MINUTE ORDER. In view of the 21 Joint Status Report, the parties are directed to file another joint status report by no later than February 20, 2020. Signed by Judge Emmet G. Sullivan on 1/24/2020. (lcegs3) (Entered: 01/24/2020)
2020-01-24Set/Reset Deadlines: Joint Status Report due by 2/20/2020. (mac) (Entered: 01/24/2020)
2020-02-2022Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE, U.S. DEPARTMENT OF LABOR. (Seabrook, April) (Entered: 02/20/2020)
2020-02-21MINUTE ORDER. In view of the 22 Joint Status Report, the parties are directed to file another joint status report with a recommendation for further proceedings by no later than March 30, 2020. Signed by Judge Emmet G. Sullivan on 2/21/2020. (lcegs3) (Entered: 02/21/2020)
2020-02-21Set/Reset Deadlines: Joint Status Report due by 3/30/2020. (mac) (Entered: 02/21/2020)
2020-03-3023Consent MOTION for Extension of Time to File Joint Status Report by U.S. DEPARTMENT OF JUSTICE, U.S. DEPARTMENT OF LABOR (Truong, John) (Entered: 03/30/2020)
2020-04-01MINUTE ORDER granting 23 Consent Motion for Extension of Time to File Joint Status Report. The parties shall file the joint status report by no later than April 13, 2020. Signed by Judge Emmet G. Sullivan on 4/1/2020. (lcegs3) (Entered: 04/01/2020)
2020-04-02Set/Reset Deadlines: Joint Status Report due by 4/13/2020. (mac) (Entered: 04/02/2020)
2020-04-1324Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE, U.S. DEPARTMENT OF LABOR. (Truong, John) (Entered: 04/13/2020)
2020-04-17MINUTE ORDER. In view of the 24 Joint Status Report, the parties are directed to file another joint status report with a recommendation for further proceedings by no later than June 12, 2020. Signed by Judge Emmet G. Sullivan on 4/17/2020. (lcegs3) (Entered: 04/17/2020)
2020-04-20Set/Reset Deadlines: Joint Status Report due by 6/12/2020. (mac) (Entered: 04/20/2020)
2020-06-1225Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE, U.S. DEPARTMENT OF LABOR. (Truong, John) (Entered: 06/12/2020)
2020-06-15MINUTE ORDER. In view of 25 Joint Status Report, the parties are directed to file another joint status report with a recommendation for further proceedings by no later than August 13, 2020. Signed by Judge Emmet G. Sullivan on 6/15/2020. (lcegs3) (Entered: 06/15/2020)
2020-06-16Set/Reset Deadlines: Joint Status Report due by 8/13/2020. (mac) (Entered: 06/16/2020)
2020-08-1326Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE, U.S. DEPARTMENT OF LABOR. (Seabrook, April) (Entered: 08/13/2020)
2020-08-14MINUTE ORDER. In view of 26 joint status report, the parties are directed to file another joint status report with a recommendation for further proceedings by no later than October 13, 2020. Signed by Judge Emmet G. Sullivan on 8/14/2020. (lcegs3) (Entered: 08/14/2020)
2020-08-14Set/Reset Deadlines: Joint Status Report due by 10/13/2020 (mac) (Entered: 08/14/2020)
2020-10-1327Joint STATUS REPORT by AMERICAN OVERSIGHT. (Attachments: # 1 Text of Proposed Order)(Anthony, Katherine) (Entered: 10/13/2020)
2020-10-14MINUTE ORDER. In view of 27 joint status report, the parties are directed to file another joint status report with a recommendation for further proceedings by no later than December 15, 2020. Signed by Judge Emmet G. Sullivan on 10/14/2020. (lcegs3) (Entered: 10/14/2020)
2020-10-14Set/Reset Deadlines: Joint Status Report due by 12/15/2020 (mac) (Entered: 10/14/2020)
2020-12-1528Joint STATUS REPORT by AMERICAN OVERSIGHT. (Attachments: # 1 Text of Proposed Order)(Anthony, Katherine) (Entered: 12/15/2020)
2020-12-16MINUTE ORDER. In view of 28 joint status report, the parties are directed to file another joint status report with a recommendation for further proceedings by no later than February 15, 2021. Signed by Judge Emmet G. Sullivan on 12/16/2020. (lcegs3) (Entered: 12/16/2020)
2020-12-16Set/Reset Deadlines: Joint Status Report due by 2/15/2021 (mac) (Entered: 12/16/2020)
2021-01-0529STIPULATION of Dismissal by AMERICAN OVERSIGHT. (Anthony, Katherine) (Entered: 01/05/2021)
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