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Case TitleFRYSHMAN v. UNITED STATES DEPARTMENT OF STATE
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2019cv01444
Date Filed2019-05-17
Date Closed2024-01-09
JudgeJudge Ana C. Reyes
PlaintiffBERNARD FRYSHMAN
Case DescriptionBernard Fryshman submitted a FOIA request to the Department of State for records concerning the Jewish cemetery located in Vilnius, Lithuania from 2015 through 2016. The agency acknowledged receipt of the request. A year later, the agency located 22 documents. The agency disclosed 12 documents in full, eight documents with redactions, and withheld two documents entirely under Exemption 5 (privileges). Fryshman filed an administrative appeal challenging the exemption claims and questioning the adequacy of the agency's search. The agency decided Fryshman's appeal by disclosing seven of eight documents previously redacted in full. Fryshman then filed suit.
Complaint issues: Adequacy - Search, Litigation - Attorney's fees

Defendant2255
DEPARTMENT OF STATE
DefendantUNITED STATES DEPARTMENT OF STATE
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2019-05-171COMPLAINT against DEPARTMENT OF STATE ( Filing fee $ 400 receipt number 0090-6131899) filed by BERNARD FRYSHMAN. (Attachments: # 1 Civil Cover Sheet, # 2 Summons)(Beck, Gregory) (Entered: 05/17/2019)
2019-05-20Case Assigned to Judge Ketanji Brown Jackson. (zef, ) (Entered: 05/20/2019)
2019-05-20SUMMONS Not Issued as to UNITED STATES DEPARTMENT OF STATE. (zef, ) (Entered: 05/20/2019)
2019-05-202REQUEST FOR SUMMONS TO ISSUE re 1 Complaint filed by BERNARD FRYSHMAN. Related document: 1 Complaint filed by BERNARD FRYSHMAN.(Beck, Gregory) (Entered: 05/20/2019)
2019-05-213SUMMONS (1) Issued Electronically as to UNITED STATES DEPARTMENT OF STATE. (jf) (Entered: 05/21/2019)
2019-05-304NOTICE of Appearance by Johnny Hillary Walker, III on behalf of UNITED STATES DEPARTMENT OF STATE (Walker, Johnny) (Entered: 05/30/2019)
2019-06-285ANSWER to Complaint by UNITED STATES DEPARTMENT OF STATE.(Walker, Johnny) (Entered: 06/28/2019)
2019-07-026GENERAL ORDER AND GUIDELINES APPLICABLE TO FOIA CASES ASSIGNED TO JUDGE KETANJI BROWN JACKSON. The Court will hold the parties and counsel responsible for following these directives, and parties and counsel should pay particular attention to the Court's instructions for processing and production of records, batching motions, and filing exhibits. Failure to adhere to this Order may, when appropriate, result the imposition of sanctions and/or sua sponte denial of non-conforming motions. Signed by Judge Ketanji Brown Jackson on 7/2/2019. (lckbj1) (Entered: 07/02/2019)
2019-07-02MINUTE ORDER. Before the Court in this FOIA case are a complaint and an answer. It is hereby ORDERED that the parties shall review this Court's 6 General Order and Guidelines Applicable to FOIA Cases, and promptly confer and file a joint proposed schedule for disclosure or briefing motions for summary judgment, on or before 7/16/2019. Signed by Judge Ketanji Brown Jackson on 7/2/2019. (lckbj1) (Entered: 07/02/2019)
2019-07-167Joint STATUS REPORT by UNITED STATES DEPARTMENT OF STATE. (Walker, Johnny) . (Entered: 07/16/2019)
2020-01-29MINUTE ORDER. In the parties' July 16, 2019, joint status report, the parties informed the Court that they would file a joint status report 45 days after November 29, 2019, the expected date of completion of Defendant's releases. Therefore, such report should have been filed on or before January 13, 2020. That date having passed without receipt of a status report, it is hereby ORDERED that, on or before February 5, 2020, the parties shall file a joint status report which informs the Court of the status of the agencys processing and disclosure of records and proposes a schedule for further proceedings. Signed by Judge Ketanji Brown Jackson on 1/29/2020. (lckbj3, ) (Entered: 01/29/2020)
2020-01-29Set/Reset Deadlines: Joint status report due by 2/5/2020 (zgdf) (Entered: 02/03/2020)
2020-02-058Joint STATUS REPORT by UNITED STATES DEPARTMENT OF STATE. (Walker, Johnny) (Entered: 02/05/2020)
2020-02-11MINUTE ORDER. In light of the representations in the parties' 8 Joint Status Report, it is hereby ORDERED that, on or before 5/18/2020, the parties shall file a further joint status report, which shall include a proposed schedule for further proceedings if litigation is going to be necessary. Signed by Judge Ketanji Brown Jackson on 2/11/2020. (jag) (Entered: 02/11/2020)
2020-05-139Joint STATUS REPORT by UNITED STATES DEPARTMENT OF STATE. (Walker, Johnny) (Entered: 05/13/2020)
2020-05-15MINUTE ORDER. In light of the representations in the parties' 9 Joint Status Report, it is hereby ORDERED that, on or before 7/15/2020, the parties shall file a further joint status report, which shall include a proposed schedule for further proceedings if litigation is going to be necessary. Signed by Judge Ketanji Brown Jackson on 5/15/2020. (jag) (Entered: 05/15/2020)
2020-07-1410Joint STATUS REPORT by UNITED STATES DEPARTMENT OF STATE. (Walker, Johnny) (Entered: 07/14/2020)
2020-07-16MINUTE ORDER. In light of the representations in the parties' 10 Joint Status Report, it is hereby ORDERED that, on or before 9/14/2020, the parties shall file a further joint status report, which shall include a proposed schedule for further proceedings if litigation is going to be necessary. Signed by Judge Ketanji Brown Jackson on 7/16/2020. (jag) (Entered: 07/16/2020)
2020-09-1411Joint STATUS REPORT by UNITED STATES DEPARTMENT OF STATE. (Walker, Johnny) (Entered: 09/14/2020)
2020-09-17MINUTE ORDER. In light of the representations in the parties' 11 Joint Status Report, it is hereby ORDERED that, on or before 10/16/2020, the parties shall file a further joint status report, which shall include a proposed schedule for further proceedings if litigation is going to be necessary. Signed by Judge Ketanji Brown Jackson on 9/16/2020. (jag) (Entered: 09/17/2020)
2020-10-1612Joint STATUS REPORT by UNITED STATES DEPARTMENT OF STATE. (Walker, Johnny) (Entered: 10/16/2020)
2020-10-19MINUTE ORDER. In light of the representations in the parties' 12 Joint Status Report, it is hereby ORDERED that, on or before 11/23/2020, the parties shall file a further joint status report, which shall include a proposed schedule for further proceedings if litigation is going to be necessary. Signed by Judge Ketanji Brown Jackson on 10/19/2020. (jag) (Entered: 10/19/2020)
2020-11-2313Joint STATUS REPORT by UNITED STATES DEPARTMENT OF STATE. (Walker, Johnny) (Entered: 11/23/2020)
2021-01-0414Joint STATUS REPORT by UNITED STATES DEPARTMENT OF STATE. (Walker, Johnny) (Entered: 01/04/2021)
2021-01-06MINUTE ORDER. In light of the representations in the parties' 14 Joint Status Report, it is hereby ORDERED that, on or before 2/17/2021, the parties shall file a further joint status report, which shall include a proposed schedule for further proceedings if litigation is going to be necessary. Signed by Judge Ketanji Brown Jackson on 1/6/2021. (jag) (Entered: 01/06/2021)
2021-02-1715Joint STATUS REPORT by UNITED STATES DEPARTMENT OF STATE. (Walker, Johnny) (Entered: 02/17/2021)
2021-02-17MINUTE ORDER. In light of the representations in the parties' 15 Joint Status Report, it is hereby ORDERED that, on or before 3/19/2021, the parties shall file a further joint status report, which shall include a proposed schedule for further proceedings if litigation is going to be necessary. Signed by Judge Ketanji Brown Jackson on 2/17/2021. (jag) (Entered: 02/17/2021)
2021-03-1916Joint STATUS REPORT by UNITED STATES DEPARTMENT OF STATE. (Walker, Johnny) (Entered: 03/19/2021)
2021-03-23MINUTE ORDER. In light of the representations in the parties' 16 Joint Status Report, it is hereby ORDERED that on or before 4/19/2021, the parties shall file a further joint status report, which shall include a proposed schedule for further proceedings if litigation is going to be necessary. Signed by Judge Ketanji Brown Jackson on 3/23/2021. (jag) Modified on 3/25/2021 (zgdf). (Entered: 03/23/2021)
2021-04-1917Joint STATUS REPORT by UNITED STATES DEPARTMENT OF STATE. (Walker, Johnny) (Entered: 04/19/2021)
2021-04-25MINUTE ORDER. In light of the representations in the parties' 17 Joint Status Report, it is hereby ORDERED that, on or before 5/19/2021, the parties shall file a further joint status report, which shall include a proposed schedule for further proceedings if litigation is going to be necessary. Signed by Judge Ketanji Brown Jackson on 4/25/2021. (jag) (Entered: 04/25/2021)
2021-05-1918Joint STATUS REPORT by UNITED STATES DEPARTMENT OF STATE. (Walker, Johnny) (Entered: 05/19/2021)
2021-06-09MINUTE ORDER. In light of the representations in the parties' 18 Joint Status Report, it is hereby ORDERED that, on or before 7/19/2021, the parties shall file further joint status report, which shall contain a proposed schedule for further proceedings if litigation is going to be necessary. Signed by Judge Ketanji Brown Jackson on 6/9/2021. (jag) (Entered: 06/09/2021)
2021-06-28Judge Ketanji Brown Jackson has been elevated to serve on the U.S. Court of Appeals for the D.C. Circuit. She is therefore no longer assigned to this case, and this matter has been reassigned to the Calendar Committee, which will oversee it until it is assigned to another district judge. Any questions should be directed to Judge Jackson's former deputy clerk, Gwendolyn Franklin, at 202-354-3145 or gwen_franklin@dcd.uscourts.gov. (rj) (Entered: 06/28/2021)
2021-07-1919Joint STATUS REPORT by UNITED STATES DEPARTMENT OF STATE. (Walker, Johnny) (Entered: 07/19/2021)
2021-07-20MINUTE ORDER: Upon consideration of 19 the parties' Joint Status Report, it is hereby ORDERED that the parties shall file another joint status report on or before September 19, 2021, containing a suggested schedule for further proceedings. SO ORDERED. Signed by Judge Rudolph Contreras on 7/20/2021. (lcrc3) (Entered: 07/20/2021)
2021-07-20Set/Reset Deadlines: Joint Status Report due by 9/19/2021. (zgdf) (Entered: 07/20/2021)
2021-09-1720Joint STATUS REPORT by UNITED STATES DEPARTMENT OF STATE. (Walker, Johnny) (Entered: 09/17/2021)
2021-09-19MINUTE ORDER: Upon consideration of 20 the parties' Joint Status Report, it is hereby ORDERED that the parties shall file another joint status report on or before November 19, 2021, with a suggested schedule for further proceedings. SO ORDERED. Signed by Judge Rudolph Contreras on 9/19/2021. (lcrc3) (Entered: 09/19/2021)
2021-09-20Set/Reset Deadlines: Joint Status Report due by 11/19/2021. (adh) (Entered: 09/20/2021)
2021-10-01Case directly reassigned to Judge Florence Y. Pan. Judge Ketanji Brown Jackson has been appointed to the D.C. Circuit and is no longer assigned to the case. (ztnr) (Entered: 10/01/2021)
2021-11-1121NOTICE OF SUBSTITUTION OF COUNSEL by Sean Michael Tepe on behalf of UNITED STATES DEPARTMENT OF STATE Substituting for attorney Johnny Walker (Tepe, Sean) (Entered: 11/11/2021)
2021-11-1922Joint STATUS REPORT by UNITED STATES DEPARTMENT OF STATE. (Tepe, Sean) (Entered: 11/19/2021)
2021-11-23MINUTE ORDER. Upon consideration of the parties' 22 Joint Status Report, the parties are directed to file another joint status report on or before January 20, 2022. Signed by Judge Florence Y. Pan on 11/23/21. (lcaa) (Entered: 11/23/2021)
2021-11-23Set/Reset Deadlines: Joint Status Report due by 1/20/2022. (zacr) (Entered: 11/23/2021)
2022-01-2023Joint STATUS REPORT by BERNARD FRYSHMAN. (Beck, Gregory) (Entered: 01/20/2022)
2022-01-20MINUTE ORDER. Upon consideration of the parties' 23 Joint Status Report, the parties are directed to file another joint status report on or before March 21, 2022. Signed by Judge Florence Y. Pan on 1/20/22. (lcaa) (Entered: 01/20/2022)
2022-01-20Set/Reset Deadlines: Joint Status Report due by 3/21/2022. (zacr) (Entered: 01/21/2022)
2022-03-2124Joint STATUS REPORT by UNITED STATES DEPARTMENT OF STATE. (Tepe, Sean) (Entered: 03/21/2022)
2022-03-21MINUTE ORDER. Upon consideration of the parties' 24 Joint Status Report, the parties are directed to file another joint status report on or before May 20, 2022. Signed by Judge Florence Y. Pan on 3/21/22. (lcaa) (Entered: 03/21/2022)
2022-03-21Set/Reset Deadlines: Joint Status Report due by 5/20/2022. (zacr) (Entered: 03/21/2022)
2022-05-2025Joint STATUS REPORT by UNITED STATES DEPARTMENT OF STATE. (Tepe, Sean) (Entered: 05/20/2022)
2022-05-20MINUTE ORDER. Upon consideration of the parties' 25 Joint Status Report, the parties are directed to file another joint status report on or before July 19, 2022. Signed by Judge Florence Y. Pan on 5/20/2022. (lcrl) (Entered: 05/20/2022)
2022-05-20Set/Reset Deadlines: Joint Status Report due by 7/19/2022. (zacr) (Entered: 05/20/2022)
2022-07-1926Joint STATUS REPORT by UNITED STATES DEPARTMENT OF STATE. (Tepe, Sean) (Entered: 07/19/2022)
2022-07-19MINUTE ORDER. Upon consideration of the parties' 26 Joint Status Report, the parties are directed to file another status report on or before October 17, 2022, and every 90 days thereafter. Signed by Judge Florence Y. Pan on 7/19/22. (lcaa) (Entered: 07/19/2022)
2022-07-19Set/Reset Deadlines: Joint Status Report due by 10/17/2022. (smc) (Entered: 07/19/2022)
2022-09-23Judge Florence Y. Pan has been elevated to serve on the U.S. Court of Appeals for the D.C. Circuit. She is therefore no longer assigned to this case, and this matter has been reassigned to the Calendar Committee, which will oversee it until it is assigned to another district judge. Any questions should be directed to Judge Pan's former deputy clerk, Samantha Calloway, at 202-354-3163 or samantha_calloway@dcd.uscourts.gov. (ztnr) (Entered: 09/23/2022)
2022-10-1727Joint STATUS REPORT by UNITED STATES DEPARTMENT OF STATE. (Tepe, Sean) (Entered: 10/17/2022)
2023-01-1328Joint STATUS REPORT by UNITED STATES DEPARTMENT OF STATE. (Tepe, Sean) (Entered: 01/13/2023)
2023-02-24Case directly reassigned to District Judge Ana C. Reyes. Circuit Judge Florence Y Pan is no longer assigned to the case. (ztnr) (Entered: 02/24/2023)
2023-04-1329Joint STATUS REPORT by UNITED STATES DEPARTMENT OF STATE. (Tepe, Sean) (Entered: 04/13/2023)
2023-07-1230Joint STATUS REPORT by UNITED STATES DEPARTMENT OF STATE. (Tepe, Sean) (Entered: 07/12/2023)
2023-10-1031Joint STATUS REPORT by UNITED STATES DEPARTMENT OF STATE. (Tepe, Sean) (Entered: 10/10/2023)
2024-01-0832NOTICE of Voluntary Dismissal by BERNARD FRYSHMAN (Beck, Gregory) (Entered: 01/08/2024)
2024-01-08MINUTE ORDER: Upon consideration of Plaintiff's 32 Notice of Dismissal, which the Court construes as a motion for dismissal pursuant to Federal Rule of Civil Procedure 41(a)(1)(2), and Defendant's representation that it consents to dismissal, it is hereby ORDERED that the 32 Motion is GRANTED. Accordingly, it is further ORDERED that this case is DISMISSED without prejudice. The Clerk of Court is directed to close this case. Signed by Judge Ana C. Reyes on 1/8/2024. (lcsj) (Entered: 01/08/2024)
2024-01-0833NOTICE OF SUBSTITUTION OF COUNSEL by Tabitha Bartholomew on behalf of UNITED STATES DEPARTMENT OF STATE Substituting for attorney Sean Tepe (Bartholomew, Tabitha) (Entered: 01/08/2024)
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