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Case TitleAMERICAN OVERSIGHT v. U.S. DEPARTMENT OF STATE
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2019cv03058
Date Filed2019-10-12
Date Closed2024-01-05
JudgeJudge Christopher R. Cooper
PlaintiffAMERICAN OVERSIGHT
Case DescriptionAmerican Oversight submitted three FOIA requests to the Department of State for records concerning U.S. Special Representative to Ukraine Kurt Volker. American Oversight also requested expedited processing. The agency acknowledged receipt of the requests, but after hearing nothing further from the agency, American Oversight filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Expedited processing, Litigation - Attorney's fees

DefendantU.S. DEPARTMENT OF STATE
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

2019-10-121COMPLAINT against U.S. DEPARTMENT OF STATE ( Filing fee $ 400 receipt number ADCDC-6445337) filed by AMERICAN OVERSIGHT. (Attachments: # 1 Exhibit A, # 2 Civil Cover Sheet, # 3 Summons, # 4 Summons, # 5 Summons)(McGrath, Daniel) (Entered: 10/12/2019)
2019-10-152LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by AMERICAN OVERSIGHT (McGrath, Daniel) (Entered: 10/15/2019)
2019-10-16Case assigned to Judge Amy Berman Jackson. (zmc) (Entered: 10/16/2019)
2019-10-163SUMMONS (3) Issued Electronically as to U.S. DEPARTMENT OF STATE, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(zmc) (Entered: 10/16/2019)
2019-10-244NOTICE of Appearance by Joshua Charles Abbuhl on behalf of U.S. DEPARTMENT OF STATE (Abbuhl, Joshua) (Entered: 10/24/2019)
2019-10-245NOTICE OF RELATED CASE by U.S. DEPARTMENT OF STATE. Case related to Case No. 19-02934. (Abbuhl, Joshua) (Entered: 10/24/2019)
2019-10-256RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 10/16/2019. ( Answer due for ALL FEDERAL DEFENDANTS by 11/15/2019.), RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 10/21/2019., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF STATE served on 10/21/2019 (Attachments: # 1 Declaration)(McGrath, Daniel) (Entered: 10/25/2019)
2019-10-28MINUTE ORDER. Plaintiff shall inform the Court of its position as to whether the case is related to American Oversight v. U.S. Dep't of State, 19-cv-2934, currently before Judge Cooper, by October 31, 2019. SO ORDERED. Signed by Judge Amy Berman Jackson on 10/28/2019. (lcabj3) (Entered: 10/28/2019)
2019-10-28Set/Reset Deadlines: Plaintiff shall inform the Court of its position as to whether the case is related to American Oversight v. U.S. Dep't of State, 19-cv-2934, currently before Judge Cooper, by 10/31/2019. (jth) (Entered: 10/30/2019)
2019-10-307NOTICE regarding Plaintiff's position on relation to case 19-cv-2934 by AMERICAN OVERSIGHT re 5 Notice of Related Case (McGrath, Daniel) (Entered: 10/30/2019)
2019-10-318Case directly reassigned to Judge Christopher R. Cooper as related. Judge Amy Berman Jackson is no longer assigned to the case. (ztnr) (Entered: 11/01/2019)
2019-11-159ANSWER to Complaint by U.S. DEPARTMENT OF STATE.(Abbuhl, Joshua) (Entered: 11/15/2019)
2019-11-18MINUTE ORDER: Before the Court in this FOIA case are a complaint and an answer. It is hereby ORDERED that the parties promptly confer and file a joint proposed schedule for briefing or disclosure by December 2, 2019. Signed by Judge Christopher R. Cooper on 11/18/2019. (lccrc3) (Entered: 11/18/2019)
2019-11-18Set/Reset Deadlines: Joint Proposed Briefing Schedule due by 12/2/2019 (lsj) (Entered: 11/18/2019)
2019-12-0210Joint STATUS REPORT by U.S. DEPARTMENT OF STATE. (Abbuhl, Joshua) (Entered: 12/02/2019)
2019-12-0311ERRATA of Correction to Joint Status Report by AMERICAN OVERSIGHT (McGrath, Daniel) Modified text on 12/3/2019 (ztd). (Entered: 12/03/2019)
2019-12-09MINUTE ORDER: In light of 10 Joint Status Report, it is hereby ORDERED that the State Department process and produce up to 300 pages of the agreed-upon priority records by Friday, January 10, 2020. If there are more than 300 pages to be processed, State is hereby ORDERED to issue rolling productions at a rate of 300 pages per month. The parties are hereby ORDERED to submit a further Joint Status Report on or before Friday, January 17, 2020. Signed by Judge Christopher R. Cooper on 12/9/2019. (lccrc3) (Entered: 12/09/2019)
2019-12-10Set/Reset Deadlines: Joint Status Report due by 1/17/2020 (lsj) (Entered: 12/10/2019)
2020-01-1612Joint STATUS REPORT by U.S. DEPARTMENT OF STATE. (Abbuhl, Joshua) (Entered: 01/16/2020)
2020-01-17MINUTE ORDER: In light of 12 Joint Status Report, the parties are hereby ORDERED to file a further Joint Status Report on or before February 21, 2020. Signed by Judge Christopher R. Cooper on 01/17/2020. (lccrc3) (Entered: 01/17/2020)
2020-01-21Set/Reset Deadlines: Joint Status Report due by 2/21/2020 (lsj) (Entered: 01/21/2020)
2020-02-2113Joint STATUS REPORT by U.S. DEPARTMENT OF STATE. (Abbuhl, Joshua) (Entered: 02/21/2020)
2020-02-25MINUTE ORDER: In light of 13 Joint Status Report, the parties are hereby ORDERED to file a further joint status report on or before March 16, 2020. Signed by Judge Christopher R. Cooper on 02/25/2020. (lccrc3) (Entered: 02/25/2020)
2020-02-26Set/Reset Deadlines: Joint Status Report due by 3/16/2020 (lsj) (Entered: 02/26/2020)
2020-03-1614Joint STATUS REPORT by U.S. DEPARTMENT OF STATE. (Abbuhl, Joshua) (Entered: 03/16/2020)
2020-03-16MINUTE ORDER: In light of 14 Joint Status Report, the parties are hereby ORDERED to file a further joint report on or before June 24, 2020. Signed by Judge Christopher R. Cooper on 03/16/2020. (lccrc3) (Entered: 03/16/2020)
2020-03-17Set/Reset Deadlines: Joint Status Report due by 6/24/2020 (lsj) (Entered: 03/17/2020)
2020-04-0215Joint STATUS REPORT by U.S. DEPARTMENT OF STATE. (Abbuhl, Joshua) (Entered: 04/02/2020)
2020-04-02MINUTE ORDER: In light of 15 Joint Status Report, the parties are hereby ORDERED to file a further joint status report on or before May 14, 2020. It is further ORDERED that all other deadlines to file joint reports are VACATED. Signed by Judge Christopher R. Cooper on 04/02/2020. (lccrc3) (Entered: 04/02/2020)
2020-05-1416Joint STATUS REPORT by U.S. DEPARTMENT OF STATE. (Abbuhl, Joshua) (Entered: 05/14/2020)
2020-05-18MINUTE ORDER: In light of 16 Joint Status Report, the parties are hereby ORDERED to file a further joint status report on or before July 21, 2020. Signed by Judge Christopher R. Cooper on 05/18/2020. (lccrc3) (Entered: 05/18/2020)
2020-05-18Set/Reset Deadlines: Joint Status Report due by 7/21/2020 (lsj) (Entered: 05/18/2020)
2020-07-2117Joint STATUS REPORT by U.S. DEPARTMENT OF STATE. (Abbuhl, Joshua) (Entered: 07/21/2020)
2020-07-21MINUTE ORDER: In light of 17 Joint Status Report, the parties are hereby ORDERED to file a further joint status report on or before September 16, 2020. Signed by Judge Christopher R. Cooper on 07/21/2020. (lccrc3) (Entered: 07/21/2020)
2020-07-22Set/Reset Deadlines: Joint Status Report due by 9/16/2020 (lsj) (Entered: 07/22/2020)
2020-09-1618Joint STATUS REPORT by U.S. DEPARTMENT OF STATE. (Abbuhl, Joshua) (Entered: 09/16/2020)
2020-09-17STATUS REPORT ORDER: In light of the 18 Joint Status Report, the parties are hereby ORDERED to file a further Joint Status Report by 12/3/2020. Signed by Judge Christopher R. Cooper on 09/17/2020. (lccrc3) (Entered: 09/17/2020)
2020-12-0319Joint STATUS REPORT by U.S. DEPARTMENT OF STATE. (Abbuhl, Joshua) (Entered: 12/03/2020)
2020-12-04MINUTE ORDER: In light of the 19 Joint Status Report, it is hereby ordered that the parties shall file a further Joint Status Report on or before February 25, 2021. Signed by Judge Christopher R. Cooper on 12/04/2020. (lccrc3) (Entered: 12/04/2020)
2021-02-2320Joint STATUS REPORT by U.S. DEPARTMENT OF STATE. (Abbuhl, Joshua) (Entered: 02/23/2021)
2021-03-05MINUTE ORDER: In light of the 20 Joint Status Report, the parties are hereby directed to file a further Joint Status Report on or before April 25, 2021. Signed by Judge Christopher R. Cooper on 03/05/2021. (lccrc3) (Entered: 03/05/2021)
2021-04-2321Joint STATUS REPORT by U.S. DEPARTMENT OF STATE. (Abbuhl, Joshua) (Entered: 04/23/2021)
2021-04-27MINUTE ORDER: In light of the 21 Joint Status Report, the parties are hereby directed to file a further Joint Status Report on or before June 2, 2021. The next status report should include an update on the State Department's overall ability to process FOIA requests, including those implicating classified information, taking into account the widespread availability of vaccines against COVID-19 and the physical reopening of federal government operations generally. Signed by Judge Christopher R. Cooper on 04/27/2021. (lccrc3) (Entered: 04/27/2021)
2021-04-2922NOTICE of Appearance by Hart W. Wood on behalf of AMERICAN OVERSIGHT (Wood, Hart) (Main Document 22 replaced on 4/30/2021) (ztd). (Entered: 04/29/2021)
2021-04-2923NOTICE OF WITHDRAWAL OF APPEARANCE as to AMERICAN OVERSIGHT. Attorney Daniel Alexander McGrath terminated. (McGrath, Daniel) (Entered: 04/29/2021)
2021-06-0224Joint STATUS REPORT by U.S. DEPARTMENT OF STATE. (Abbuhl, Joshua) (Entered: 06/02/2021)
2021-06-07MINUTE ORDER: In light of the 24 Joint Status Report, the parties are hereby directed to file a further Joint Status Report on or before July 12, 2021. Signed by Judge Christopher R. Cooper on 06/07/2021. (lccrc3) (Entered: 06/07/2021)
2021-07-1225MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Sarah M. Colombo, Filing fee $ 100, receipt number ADCDC-8592273. Fee Status: Fee Paid. by AMERICAN OVERSIGHT. (Attachments: # 1 Text of Proposed Order, # 2 Declaration Sarah Colombo)(Wood, Hart) (Entered: 07/12/2021)
2021-07-12MINUTE ORDER granting 25 Motion for Leave to Appear Pro Hac Vice as to attorney Sarah M. Colombo. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). Click for instructions . Signed by Judge Christopher R. Cooper on 07/12/2021. (lccrc3) (Entered: 07/12/2021)
2021-07-1226Joint STATUS REPORT by U.S. DEPARTMENT OF STATE. (Abbuhl, Joshua) (Entered: 07/12/2021)
2021-07-15MINUTE ORDER: In light of the 26 Joint Status Report, the parties are hereby directed to file a further Joint Status Report on or before September 7, 2021. Signed by Judge Christopher R. Cooper on 07/15/2021. (lccrc3) (Entered: 07/15/2021)
2021-08-1827NOTICE of Appearance by Sarah Colombo on behalf of AMERICAN OVERSIGHT (Colombo, Sarah) (Main Document 27 replaced on 8/20/2021) (znmw). (Entered: 08/18/2021)
2021-09-0728NOTICE of Appearance by Alexander V. Sverdlov on behalf of U.S. DEPARTMENT OF STATE (Sverdlov, Alexander) (Entered: 09/07/2021)
2021-09-0729Joint STATUS REPORT by AMERICAN OVERSIGHT. (Colombo, Sarah) (Entered: 09/07/2021)
2021-09-08MINUTE ORDER: In light of the 29 Joint Status Report, the parties are hereby directed to file a further Joint Status Report on or before October 22, 2021. Signed by Judge Christopher R. Cooper on 09/08/2021. (lccrc3) (Entered: 09/08/2021)
2021-10-2230Joint STATUS REPORT by U.S. DEPARTMENT OF STATE. (Abbuhl, Joshua) (Entered: 10/22/2021)
2021-10-25MINUTE ORDER: In light of the 30 Joint Status Report, the parties are hereby directed to file a further Joint Status Report on or before January 11, 2022. Although "State need not process any minimum number of pages" in their next two productions, JSR at 1, the parties shall include the number of pages, if any, State processes in those productions. Signed by Judge Christopher R. Cooper on 10/25/2021. (lccrc3) (Entered: 10/25/2021)
2022-01-1131Joint STATUS REPORT by U.S. DEPARTMENT OF STATE. (Abbuhl, Joshua) (Entered: 01/11/2022)
2022-01-11MINUTE ORDER: In light of the 31 Joint Status Report, the parties are hereby directed to file a further Joint Status Report on or before January 20, 2022. The next report shall indicate whether the parties have reached an agreement on the processing rate for the remaining documents, or absent an agreement, the parties' competing proposals for a processing rate. So Ordered by Judge Christopher R. Cooper on 1/11/2022. (lccrc3) (Entered: 01/11/2022)
2022-01-2032Joint STATUS REPORT by U.S. DEPARTMENT OF STATE. (Abbuhl, Joshua) (Entered: 01/20/2022)
2022-01-28MINUTE ORDER: In light of the 32 Joint Status Report, and the status reports in Case Nos. 19-cv-3387 and 19-cv-2934 which involve the same parties, and considering the parties' competing proposals for a processing rate, it is hereby ORDERED that Defendant process 50 pages per month, with the first 50 pages to be processed by February 28, 2022. "Processing" for purposes of this order may exclude any steps associated with obtaining clearances from entities external to the State Department. It is further ORDERED that the parties file a further Joint Status Report on or before May 2, 2022, which shall include an update as to this processing. So Ordered by Judge Christopher R. Cooper on 1/28/2022. (lccrc3) (Entered: 01/28/2022)
2022-02-2133NOTICE of Appearance by Johnny Hillary Walker, III on behalf of All Defendants (Walker, Johnny) (Entered: 02/21/2022)
2022-05-0234Joint STATUS REPORT by U.S. DEPARTMENT OF STATE. (Walker, Johnny) (Entered: 05/02/2022)
2022-05-04MINUTE ORDER: In light of the 34 Joint Status Report, the parties are hereby directed to file a further Joint Status Report on or before July 1, 2022. Signed by Judge Christopher R. Cooper on 5/4/2022. (lccrc3) (Entered: 05/04/2022)
2022-05-3135NOTICE OF WITHDRAWAL OF APPEARANCE as to U.S. DEPARTMENT OF STATE. Attorney Johnny Hillary Walker, III terminated. (Walker, Johnny) (Entered: 05/31/2022)
2022-07-0136Joint STATUS REPORT by U.S. DEPARTMENT OF STATE. (Abbuhl, Joshua) (Entered: 07/01/2022)
2022-07-05MINUTE ORDER: In light of the 36 Joint Status Report, the parties are hereby directed to file a further Joint Status Report on or before September 1, 2022. Signed by Judge Christopher R. Cooper on 7/5/2022. (lccrc3) (Entered: 07/05/2022)
2022-09-0137Joint STATUS REPORT by U.S. DEPARTMENT OF STATE. (Abbuhl, Joshua) (Entered: 09/01/2022)
2022-09-06MINUTE ORDER: In light of the 37 Joint Status Report, the parties are hereby directed to file a further Joint Status Report on or before December 15, 2022. Signed by Judge Christopher R. Cooper on 09/06/2022. (lccrc3) (Entered: 09/06/2022)
2022-12-1538Joint STATUS REPORT by U.S. DEPARTMENT OF STATE. (Abbuhl, Joshua) (Entered: 12/15/2022)
2022-12-16MINUTE ORDER: In light of the 38 Joint Status Report, the parties are hereby directed to file a further Joint Status Report on or before March 2, 2023. Signed by Judge Christopher R. Cooper on 12/16/2022. (lccrc3) (Entered: 12/16/2022)
2023-03-0239Joint STATUS REPORT by U.S. DEPARTMENT OF STATE. (Abbuhl, Joshua) (Entered: 03/02/2023)
2023-03-03MINUTE ORDER: In light of the 39 Joint Status Report, the parties are hereby directed to file a further Joint Status Report on or before May 31, 2023. Signed by Judge Christopher R. Cooper on 03/03/2023. (lccrc3) (Entered: 03/03/2023)
2023-04-1840NOTICE OF WITHDRAWAL OF APPEARANCE as to AMERICAN OVERSIGHT. Attorney Sarah Colombo terminated. (Colombo, Sarah) (Entered: 04/18/2023)
2023-05-3141Joint STATUS REPORT by U.S. DEPARTMENT OF STATE. (Abbuhl, Joshua) (Entered: 05/31/2023)
2023-05-31MINUTE ORDER: In light of the 41 Joint Status Report, the parties are hereby directed to file a further Joint Status Report on or before August 31, 2023. Signed by Judge Christopher R. Cooper on 05/31/2023. (lccrc3) (Entered: 05/31/2023)
2023-07-1142NOTICE of Appearance by Katherine Marie Anthony on behalf of AMERICAN OVERSIGHT (Anthony, Katherine) (Entered: 07/11/2023)
2023-07-1343NOTICE OF WITHDRAWAL OF APPEARANCE as to AMERICAN OVERSIGHT. Attorney Hart W. Wood terminated. (Wood, Hart) (Entered: 07/13/2023)
2023-07-1344Unopposed MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Benjamin A. Sparks, Filing fee $ 100, receipt number ADCDC-10204410. Fee Status: Fee Paid. by AMERICAN OVERSIGHT. (Attachments: # 1 Declaration of Benjamin A. Sparks, # 2 Exhibit A (Certificate of Good Standing), # 3 Text of Proposed Order)(Anthony, Katherine) (Entered: 07/13/2023)
2023-07-17MINUTE ORDER granting 44 Motion for Leave to Appear Pro Hac Vice as to attorney Benjamin A. Sparks. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a) Click for instructions . Signed by Judge Christopher R. Cooper on 07/17/2023. (lccrc3) (Entered: 07/17/2023)
2023-07-1845NOTICE of Appearance by Benjamin A. Sparks on behalf of AMERICAN OVERSIGHT (Sparks, Benjamin) (Main Document 45 flattened & replaced on 7/19/2023.) (ztnr) (Entered: 07/18/2023)
2023-08-3146Joint STATUS REPORT by U.S. DEPARTMENT OF STATE. (Abbuhl, Joshua) (Entered: 08/31/2023)
2023-09-01MINUTE ORDER: In light of the 46 parties' Joint Status Report, the parties shall file a further report by November 3, 2023. The parties shall submit a proposed briefing schedule with their November status report in the event that disputes remain. Signed by Judge Christopher R. Cooper on 9/1/2023. (lccrc3) (Entered: 09/01/2023)
2023-10-1047Unopposed MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Loree Stark, Filing fee $ 100, receipt number ADCDC-10408192. Fee Status: Fee Paid. by AMERICAN OVERSIGHT. (Attachments: # 1 Declaration of Loree Stark, # 2 Exhibit A (Certificate of Good Standing), # 3 Text of Proposed Order)(Anthony, Katherine) (Entered: 10/10/2023)
2023-10-12MINUTE ORDER granting 47 Motion for Leave to Appear Pro Hac Vice as to attorney Loree Stark. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a) Click for instructions . Signed by Judge Christopher R. Cooper on 10/12/2023. (lccrc3) (Entered: 10/12/2023)
2023-10-1348NOTICE of Appearance by Loree Stark on behalf of AMERICAN OVERSIGHT (Stark, Loree) (Main Document 48 replaced on 10/16/2023) (znmw). (Entered: 10/13/2023)
2023-11-0349Joint STATUS REPORT by U.S. DEPARTMENT OF STATE. (Abbuhl, Joshua) (Entered: 11/03/2023)
2023-11-06MINUTE ORDER: The parties' 49 November 3, 2023 joint status report neglected to include the proposed briefing schedule requested in the Court's September 1, 2023 minute order. With the Department of State having completed the productions in 19-cv-2934 and 19-cv-3058 in May 2023, at the latest, and in 19-cv-3387 this month, at the latest, the Court hereby orders consolidated summary judgment briefing on any remaining disputes to proceed as follows: Defendant's motion for summary judgment shall be due January 5, 2024. Plaintiff's combined opposition and cross-motion, if any, shall be due February 5, 2024. Defendant's combined reply and opposition to the cross-motion shall be due March 6, 2024. Plaintiff's reply in support of the cross-motion shall be due March 20, 2024. SO ORDERED by Judge Christopher R. Cooper on 11/6/2023. (lccrc3) (Entered: 11/06/2023)
2024-01-0550STIPULATION of Dismissal by AMERICAN OVERSIGHT. (Sparks, Benjamin) (Entered: 01/05/2024)
2024-01-05MINUTE ORDER: In light of the 50 Joint Stipulation of Dismissal, this case is hereby dismissed without prejudice. Signed by Judge Christopher R. Cooper on 1/5/2024. (lccrc3) (Entered: 01/05/2024)
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