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Case TitleTOBIAS v. U.S. DEPARTMENT OF INTERIOR, OFFICE OF THE SECRETARY
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2019cv02699
Date Filed2019-09-09
Date ClosedOpen
JudgeJudge Christopher R. Cooper
PlaintiffJIMMY TOBIAS
Case DescriptionJimmy Tobias, a reporter, submitted 15 FOIA requests to the Department of the Interior for records concerning communications between various agency officials and third parties pertaining to a variety of issues, including himself. The agency acknowledged receipt of the requests but after hearing nothing substantive from the agency, Tobias filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantU.S. DEPARTMENT OF INTERIOR, OFFICE OF THE SECRETARY
Documents
Docket
Complaint
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User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2019-09-091COMPLAINT against U.S. DEPARTMENT OF INTERIOR, OFFICE OF THE SECRETARY ( Filing fee $ 400 receipt number 0090-6366629) filed by JIMMY TOBIAS. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P, # 17 Exhibit Q, # 18 Exhibit R, # 19 Exhibit S, # 20 Exhibit T, # 21 Exhibit U, # 22 Exhibit V, # 23 Exhibit W, # 24 Exhibit X, # 25 Exhibit Y, # 26 Exhibit Z, # 27 Exhibit AA, # 28 Exhibit BB, # 29 Exhibit CC, # 30 Civil Cover Sheet, # 31 Summons)(Burday, Joshua) (Entered: 09/09/2019)
2019-09-092NOTICE of Appearance by Joshua Hart Burday on behalf of JIMMY TOBIAS (Burday, Joshua) (Entered: 09/09/2019)
2019-09-10Case Assigned to Judge Christopher R. Cooper. (zeg) (Entered: 09/10/2019)
2019-09-103SUMMONS (3) Issued Electronically as to U.S. DEPARTMENT OF INTERIOR, OFFICE OF THE SECRETARY, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(zeg) (Entered: 09/10/2019)
2019-10-074RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF INTERIOR, OFFICE OF THE SECRETARY served on 9/16/2019 (Burday, Joshua) (Entered: 10/07/2019)
2019-10-075RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 09/17/2019. (Burday, Joshua) (Entered: 10/07/2019)
2019-10-076RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 9/17/2019. Answer due for ALL FEDERAL DEFENDANTS by 10/17/2019. (Burday, Joshua) (Entered: 10/07/2019)
2019-10-167ANSWER to Complaint by U.S. DEPARTMENT OF INTERIOR, OFFICE OF THE SECRETARY.(Field, Brian) (Entered: 10/16/2019)
2019-10-16MINUTE ORDER: Before the Court in this FOIA case are a complaint and an answer. It is hereby ORDERED that the parties shall promptly confer and file a joint proposed schedule for briefing or disclosure by October 30, 2019. Signed by Judge Christopher R. Cooper on 10/16/19. (lccrc2) (Entered: 10/16/2019)
2019-10-17Set/Reset Deadlines: Joint Proposed Briefing Schedule due by 10/30/2019 (lsj) (Entered: 10/17/2019)
2019-10-308Joint STATUS REPORT by U.S. DEPARTMENT OF INTERIOR, OFFICE OF THE SECRETARY. (Field, Brian) (Entered: 10/30/2019)
2019-10-319MINUTE ORDER: The parties are directed to file a joint status report by December 4, 2019, which shall include an update on the status of production and their efforts to narrow the scope of review. Signed by Judge Christopher R. Cooper on 10/31/19. (lccrc2) (Entered: 10/31/2019)
2019-10-31Set/Reset Deadlines: Joint Status Report due by 12/4/2019 (lsj) (Entered: 10/31/2019)
2019-12-0410Joint STATUS REPORT by U.S. DEPARTMENT OF INTERIOR, OFFICE OF THE SECRETARY. (Field, Brian) (Entered: 12/04/2019)
2019-12-04MINUTE ORDER: The parties shall file their next joint status report by January 4, 2020, which shall include an update on the status of production and their efforts to narrow the scope of review. Signed by Judge Christopher R. Cooper on 12/4/19. (lccrc2) (Entered: 12/04/2019)
2020-01-0311Joint STATUS REPORT by U.S. DEPARTMENT OF INTERIOR, OFFICE OF THE SECRETARY. (Field, Brian) (Entered: 01/03/2020)
2020-01-03MINUTE ORDER: In light of 11 the parties' latest joint status report, the parties are directed to file their next joint status report by February 3, 2020, which shall include an update on the status of production and their efforts to narrow the scope of review. Signed by Judge Christopher R. Cooper on 1/3/20. (lccrc2) (Entered: 01/03/2020)
2020-01-03Set/Reset Deadlines: Joint Status Report due by 2/3/2020. (nbn) (Entered: 01/06/2020)
2020-02-0312Joint STATUS REPORT by U.S. DEPARTMENT OF INTERIOR, OFFICE OF THE SECRETARY. (Field, Brian) (Entered: 02/03/2020)
2020-02-06MINUTE ORDER: In light of 12 Joint Status Report, the parties are directed to appear for a telephonic status conference on February 11, 2020 at 2:00 p.m. Signed by Judge Christopher R. Cooper on 2/6/20. (lccrc2) (Entered: 02/06/2020)
2020-02-06Set/Reset Hearings: Telephone Conference set for 2/11/2020 at 02:00 PM in Chambers before Judge Christopher R. Cooper. (nbn) (Entered: 02/06/2020)
2020-02-11MINUTE ORDER: As stated on the record at today's telephonic conference, the parties are directed to file their next status report by March 3, 2020, which shall include an update on the parties' efforts to narrow the scope of production. Signed by Judge Christopher R. Cooper on 2/11/20. (lccrc2) (Entered: 02/11/2020)
2020-02-1113NOTICE of Appearance by Merrick Jason Wayne on behalf of JIMMY TOBIAS (Wayne, Merrick) (Entered: 02/11/2020)
2020-02-11Minute Entry for Telephone Conference held before Judge Christopher R. Cooper on 2/11/2020. Forthcoming Order. (Court Reporter: Lisa Moreira) (lsj) (Entered: 02/11/2020)
2020-03-0314Joint STATUS REPORT by U.S. DEPARTMENT OF INTERIOR, OFFICE OF THE SECRETARY. (Field, Brian) (Entered: 03/03/2020)
2020-03-05MINUTE ORDER: In light of 14 the parties' latest joint status report, the parties are directed to file their next joint status report by April 3, 2020 and one every sixty days thereafter. The Court encourages the parties to continue their efforts to narrow and/or prioritize the production. Signed by Judge Christopher R. Cooper on 3/5/20. (lccrc2) (Entered: 03/05/2020)
2020-03-05Set/Reset Deadlines: Joint Status Report due by 4/3/2020 (lsj) (Entered: 03/05/2020)
2020-04-0315Joint STATUS REPORT by U.S. DEPARTMENT OF INTERIOR, OFFICE OF THE SECRETARY. (Field, Brian) (Entered: 04/03/2020)
2020-06-0216Joint STATUS REPORT by U.S. DEPARTMENT OF INTERIOR, OFFICE OF THE SECRETARY. (Field, Brian) (Entered: 06/02/2020)
2020-08-0317Joint STATUS REPORT by U.S. DEPARTMENT OF INTERIOR, OFFICE OF THE SECRETARY. (Field, Brian) (Entered: 08/03/2020)
2020-10-0218Joint STATUS REPORT by U.S. DEPARTMENT OF INTERIOR, OFFICE OF THE SECRETARY. (Field, Brian) (Entered: 10/02/2020)
2020-12-0219Joint STATUS REPORT by U.S. DEPARTMENT OF INTERIOR, OFFICE OF THE SECRETARY. (Field, Brian) (Entered: 12/02/2020)
2020-12-2020NOTICE OF SUBSTITUTION OF COUNSEL by Thomas Duffey on behalf of U.S. DEPARTMENT OF INTERIOR, OFFICE OF THE SECRETARY Substituting for attorney Brian J. Field (Duffey, Thomas) (Entered: 12/20/2020)
2021-02-0121Joint STATUS REPORT by U.S. DEPARTMENT OF INTERIOR, OFFICE OF THE SECRETARY. (Duffey, Thomas) (Entered: 02/01/2021)
2021-04-0222Joint STATUS REPORT by U.S. DEPARTMENT OF INTERIOR, OFFICE OF THE SECRETARY. (Duffey, Thomas) (Entered: 04/02/2021)
2021-06-0223Joint STATUS REPORT by U.S. DEPARTMENT OF INTERIOR, OFFICE OF THE SECRETARY. (Duffey, Thomas) (Entered: 06/02/2021)
2021-08-0224Joint STATUS REPORT by U.S. DEPARTMENT OF INTERIOR, OFFICE OF THE SECRETARY. (Duffey, Thomas) (Entered: 08/02/2021)
2021-10-0325Joint STATUS REPORT by U.S. DEPARTMENT OF INTERIOR, OFFICE OF THE SECRETARY. (Duffey, Thomas) (Entered: 10/03/2021)
2021-12-0126Joint STATUS REPORT by U.S. DEPARTMENT OF INTERIOR, OFFICE OF THE SECRETARY. (Duffey, Thomas) (Entered: 12/01/2021)
2022-02-0227Joint STATUS REPORT by U.S. DEPARTMENT OF INTERIOR, OFFICE OF THE SECRETARY. (Duffey, Thomas) (Entered: 02/02/2022)
2022-02-03MINUTE ORDER: The Court has reviewed 27 the parties' latest Joint Status Report. In the next Joint Status Report, due by April 4, 2022, the parties shall include an update on the number of pages left to review and the anticipated date when production will be completed. The parties are otherwise instructed to continue to update the Court on the progress of production every sixty days, consistent with the March 5, 2020, Minute Order. Signed by Judge Christopher R. Cooper on 2/3/2022. (lcsb) (Entered: 02/03/2022)
2022-04-0428NOTICE of Appearance by Joshua Loevy on behalf of JIMMY TOBIAS (Loevy, Joshua) (Entered: 04/04/2022)
2022-04-0429Joint STATUS REPORT by U.S. DEPARTMENT OF INTERIOR, OFFICE OF THE SECRETARY. (Duffey, Thomas) (Entered: 04/04/2022)
2022-04-06MINUTE ORDER: The Court has reviewed 29 the parties' latest Joint Status Report. As that report notes, the parties agreed several years ago that Defendant would process the documents--approximately 13,500 pages in all--at a pace of 500 per month. Although the Department has reportedly continued at that pace, the parties nevertheless report that 9,000 pages still remain to be processed. In the next Joint Status Report, due by June 3, 2022, the parties shall clarify the seeming discrepancy in these figures, the number of pages it has already reviewed, and any reason that 9,000 pages still need to be reviewed. The Court encourages the parties to continue to discuss any agreement to narrow the scope of the request. Signed by Judge Christopher R. Cooper on 4/6/2022. (lccrc2) (Entered: 04/06/2022)
2022-06-0330Joint STATUS REPORT by U.S. DEPARTMENT OF INTERIOR, OFFICE OF THE SECRETARY. (Duffey, Thomas) (Entered: 06/03/2022)
2022-06-06MINUTE ORDER: In light of the parties' 30 Joint Status Report, the parties shall file a further joint status report by September 2, 2022. The Court encourages the parties' continued efforts to narrow the search and expedite processing. Signed by Judge Christopher R. Cooper on 6/6/2022. (lccrc2) (Entered: 06/06/2022)
2022-06-06Set/Reset Deadlines: Joint Status Report due by 9/2/2022. (znbn) (Entered: 06/06/2022)
2022-09-0231Joint STATUS REPORT by JIMMY TOBIAS. (Loevy, Joshua) (Entered: 09/02/2022)
2022-09-06MINUTE ORDER: In light of the parties' 31 Joint Status Report, the parties shall file a further joint status report by December 2, 2022. Signed by Judge Christopher R. Cooper on 9/6/2022. (lccrc2) (Entered: 09/06/2022)
2022-12-0232Joint STATUS REPORT by U.S. DEPARTMENT OF INTERIOR, OFFICE OF THE SECRETARY. (Duffey, Thomas) (Entered: 12/02/2022)
2022-12-02MINUTE ORDER: In light of the parties' 32 Joint Status Report, the parties shall file a further joint status report by March 2, 2023. Signed by Judge Christopher R. Cooper on 12/2/2022. (lccrc2) (Entered: 12/02/2022)
2023-02-2733NOTICE of Appearance by Merrick Jason Wayne on behalf of JIMMY TOBIAS (Wayne, Merrick) (Entered: 02/27/2023)
2023-03-0134Joint STATUS REPORT by U.S. DEPARTMENT OF INTERIOR, OFFICE OF THE SECRETARY. (Duffey, Thomas) (Entered: 03/01/2023)
2023-03-03MINUTE ORDER: In light of the parties' 34 Joint Status Report, the parties shall file a further status report by June 2, 2023. Signed by Judge Christopher R. Cooper on 3/3/2023. (lccrc2) (Entered: 03/03/2023)
2023-03-2335NOTICE of Appearance by Matthew Topic on behalf of JIMMY TOBIAS (Topic, Matthew) (Entered: 03/23/2023)
2023-03-2336MOTION to Withdraw as Attorney Joshua Burday by JIMMY TOBIAS. (Attachments: # 1 Text of Proposed Order)(Topic, Matthew) (Entered: 03/23/2023)
2023-03-24MINUTE ORDER granting 36 Motion to Withdraw as to Attorney Joshua Hart Burday. Signed by Judge Christopher R. Cooper on 3/24/2023. (lccrc2) (Entered: 03/24/2023)
2023-06-0237Joint STATUS REPORT by U.S. DEPARTMENT OF INTERIOR, OFFICE OF THE SECRETARY. (Duffey, Thomas) (Entered: 06/02/2023)
2023-06-05MINUTE ORDER: In light of the parties' 37 Joint Status Report, the parties shall submit a further status report by September 5, 2023. As part of that report, the parties shall further elaborate on their efforts to narrow the requests and expedite production. Signed by Judge Christopher R. Cooper on 6/5/2023. (lccrc2) (Entered: 06/05/2023)
2023-09-0538Joint STATUS REPORT by U.S. DEPARTMENT OF INTERIOR, OFFICE OF THE SECRETARY. (Duffey, Thomas) (Entered: 09/05/2023)
2023-09-06MINUTE ORDER: In light of the parties' 38 Joint Status Report, the parties shall submit a further status report by December 5, 2023. Signed by Judge Christopher R. Cooper on 9/6/2023. (lccrc2) (Entered: 09/06/2023)
2023-12-0439Joint STATUS REPORT by U.S. DEPARTMENT OF INTERIOR, OFFICE OF THE SECRETARY. (Duffey, Thomas) (Entered: 12/04/2023)
2023-12-05MINUTE ORDER: In light of the parties' 39 Joint Status Report, the parties shall submit a further status report by March 4, 2024. Signed by Judge Christopher R. Cooper on 12/5/2023. (lccrc2) (Entered: 12/05/2023)
2024-03-0440Joint STATUS REPORT by U.S. DEPARTMENT OF INTERIOR, OFFICE OF THE SECRETARY. (Duffey, Thomas) (Entered: 03/04/2024)
2024-03-05MINUTE ORDER: In light of the parties' 40 Joint Status Report, the parties shall submit a further status report by June 3, 2024. In that report, Defendant shall provide details about the status of any remaining consultations and an estimated date of completion. Signed by Judge Christopher R. Cooper on 3/5/2024. (lccrc2) (Entered: 03/05/2024)
2024-06-0341Joint STATUS REPORT by U.S. DEPARTMENT OF INTERIOR, OFFICE OF THE SECRETARY. (Duffey, Thomas) (Entered: 06/03/2024)
2024-06-04MINUTE ORDER: In light of the parties' 41 Joint Status Report, the parties shall file a further status report by September 3, 2024. In the event that disputes remain, the parties shall include a proposed briefing schedule in their next status report. Signed by Judge Christopher R. Cooper on 6/4/2024. (lccrc2) (Entered: 06/04/2024)
2024-09-0342Joint STATUS REPORT by U.S. DEPARTMENT OF INTERIOR, OFFICE OF THE SECRETARY. (Duffey, Thomas) (Entered: 09/03/2024)
2024-09-03MINUTE ORDER: In light of the parties' 42 Joint Status Report, the parties shall file a further status report by December 3, 2024. In the event that disputes about fees and costs remain, Plaintiff shall file a motion for fees by January 2, 2025. Defendant shall file any opposition by January 16, 2025. Plaintiff shall file any reply by January 23, 2025. Signed by Judge Christopher R. Cooper on 9/3/2024. (lccrc2) (Entered: 09/03/2024)
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