Case Detail

FOIA Project Annotation: Judge Colleen Kollar-Kotelly has ruled the Center for Public Integrity is entitled to a preliminary injunction requiring the Department of Defense to provide expedited processing for its request for records concerning communications between DOD's comptroller and OMB pertaining to the withholding of military aid to Ukraine that has become the focus of the House impeachment proceedings into whether President Trump abused his presidential authority by holding up the release of the aid. CPI submitted requests to DOD and OMB for records concerning communications between the two agencies pertaining to the aid. CPI also requested expedited processing. Although OMB did not respond to CPI's request for expedited processing, DOD denied its request. CPI then filed suit to require the agency to expedite its request. DOD conducted a search and located 500 potentially responsive records. DOD told Kollar-Kotelly that it would be able to process and disclose the records by December 20, 2019. During a teleconference with the parties, Kollar-Kotelly asked DOD if it could process and disclose half the records by December 12 and disclose the rest by December 20. Since it was still uncertain how many documents would ultimately be responsive, DOD initially resisted Kollar-Kotelly's suggestion, arguing that a rolling disclosure would take longer. However, DOD ultimately concluded that 211 pages were responsive and agreed to disclose them on the time schedule suggested by Kollar-Kotelly. Kollar-Kotelly agreed with CPI that it was entitled to a preliminary injunction because it had shown a likelihood of succeeding on the merits. She pointed out that "plaintiff has shown a compelling need for obtaining the requested information in an expedited manner." She added that "additionally, Plaintiff has established an urgent need to obtain the information which concerns Federal Government activity. Plaintiff explained that the subject matter of the requested information �" the White House's potential influence on the [Ukraine] funding �" is of immediate concern to the American public due to the ongoing congressional hearings." She explained that "the value and import of the information requested by Plaintiff directly tied to the current, ongoing impeachment proceedings. The records sought by Plaintiff go to the core of the impeachment proceedings as alleged �" whether or not President Trump and his administration withheld payments under [the law providing aid to Ukraine] in order to pressure Ukraine to conduct an investigation. As an impeachment proceeding has the potential to result in the removal of the President from office, the current impeachment proceedings are of the highest national concern." Observing that the D.C. Circuit pointed out in Payne Enterprises v. United States, 837 F.2d 486 (D.C. Cir. 1988), that "stale information is of little value," Kollar-Kotelly noted that "if the requested information is released after the impeachment proceedings conclude, the information may still be of historical value. However, for Plaintiff, the primary value of the information lies in its ability to inform the public of ongoing proceedings of national importance. . ." DOD argued that since the House impeachment proceedings had not yet concluded, they could not be called imminent. But Kollar-Kotelly pointed out that "the lack of a precise end-date for the impeachment proceedings is not detrimental to Plaintiff's claim of irreparable harm. The impeachment proceedings are ongoing. And, in order to ensure informed public participation in the proceedings, the public needs access to relevant information. As such, irreparable harm is already occurring each day the impeachment proceedings move forward without an informed public able to access relevant information." The fact that the Trump administration had already blocked disclosure to the House also weighed in her analysis. She pointed out that "absent an expedited response to Plaintiff's FOIA request, it is not clear to the Court that the public would otherwise have access to this relevant information. Congress has sought similar documents from both the DOD and the OMB through subpoenas. However, the White House has indicated that it has no intention of responding to these subpoenas due to White House concerns about the validity of the impeachment process. And, even if the DOD and the OMB were to provide the requested documents to the House of Representatives, there is no guarantee that such documents would be made public." Kollar-Kotelly then found that the burden of requiring DOD to respond more quickly was minimal in light of the fact that the number of responsive pages was small and the only concession required from the agency was to disclose the first 106 pages two weeks earlier than the agency's original completion date. Rejecting DOD's argument that other FOIA requesters would be impacted by requiring expedited processing for CPI's request, Kollar-Kotelly noted that "the hardship on other FOIA requesters is not a bar to relief. The grant of a preliminary injunction in this case will likely place Plaintiff's request ahead of others in Defendant's queues. However, the Court finds that the extraordinary circumstances presented in this case warrant such line-cutting."
Issues: Expedited processing - Compelling Need

FOIA Project Annotation: Judge Colleen Kollar-Kotelly has ruled that because the Department of Defense and OMB have failed to provide sufficient justification for their Exemption 5 (privileges) claims, she will review the documents in camera to make a determination. The Center for Public Integrity submitted FOIA requests to DOD and OMB for records concerning discussions between DOD acting comptroller Elaine McCusker or other officials within the comptroller's office and OMB concerning the Ukraine Security Initiative. The agencies disclosed 292 pages with redactions under Exemption 1 (national security), Exemption 3 (other statutes), Exemption 5, and Exemption 6 (invasion of privacy). Although CPI challenged all the agencies' exemption claims, Kollar-Kotelly indicated that because the justification for many of the Exemption 5 claims was inadequate, she would first review them in camera. While the agencies argued that in camera review was not needed, Kollar-Kotelly disagreed. She noted that "agency affidavits and a Vaughn index are sufficient to justify summary judgment when they show, with reasonable specificity, why the redactions fall within the FOIA Exemption. Here, many of the Vaughn index entries are insufficiently specific. And, the agency affidavits fail to provide additional specificity for many of the documents." Having outlined her concern, Kollar-Kotelly pointed out that "while not every document withheld under FOIA Exemption 5 suffers from these deficiencies, a significant number do. As such, the Court finds it necessary to conduct an in camera review of specified documents in order to make a responsible de novo determination of the claims of exemption."
Issues: Litigation - In camera review, Exemption 5 - Privileges

Date Filed	Doc #	Docket Text
2019-10-30	1	COMPLAINT against All Defendants ( Filing fee $ 400 receipt number ADCDC-6492032) filed by CENTER FOR PUBLIC INTEGRITY. (Attachments: # 1 Exhibit FOIA Requests, # 2 Civil Cover Sheet, # 3 Summons DoD, # 4 Summons OMB, # 5 Summons U.S. Attorney, # 6 Summons Attorney General)(Smith, Peter) (Entered: 10/30/2019)
2019-10-30	2	LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by CENTER FOR PUBLIC INTEGRITY (Smith, Peter) (Entered: 10/30/2019)
2019-10-31		Case assigned to Judge Colleen Kollar-Kotelly. (zmc) (Entered: 10/31/2019)
2019-10-31	3	SUMMONS (4) Issued Electronically as to OFFICE OF MANAGEMENT AND BUDGET, U.S. DEPARTMENT OF DEFENSE, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(zmc) (Entered: 10/31/2019)
2019-10-31	4	MOTION for Preliminary Injunction by CENTER FOR PUBLIC INTEGRITY (Attachments: # 1 Text of Proposed Order)(Smith, Peter) (Entered: 10/31/2019)
2019-11-01	5	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 10/31/2019. Answer due for ALL FEDERAL DEFENDANTS by 11/30/2019. (Smith, Peter) (Entered: 11/01/2019)
2019-11-01	6	NOTICE of Appearance by Amber Richer on behalf of OFFICE OF MANAGEMENT AND BUDGET, U.S. DEPARTMENT OF DEFENSE (Richer, Amber) (Entered: 11/01/2019)
2019-11-01		Minute Order. The Court hereby schedules a teleconference in this matter for NOVEMBER 4, 2019 at 2:00 p.m. Counsel should be prepared to discuss the status of Plaintiff's FOIA requests as well as a briefing schedule for Plaintiff's Motion for a Preliminary Injunction. Signed by Judge Colleen Kollar-Kotelly on 11-1-2019. (lcckk3) (Entered: 11/01/2019)
2019-11-01		Set/Reset Hearings: Telephone Conference on the record set for 11/4/2019 at 2:00 PM in Courtroom 28A before Judge Colleen Kollar-Kotelly. (dot) (Entered: 11/04/2019)
2019-11-04	7	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF DEFENSE served on 11/4/2019 (Attachments: # 1 Exhibit USPS Return Receipt-DoD)(Smith, Peter) (Entered: 11/04/2019)
2019-11-04		Minute Entry for proceedings held before Judge Colleen Kollar-Kotelly: Telephone Conference on the record held on 11/4/2019. (Court Reporter Lisa Edwards.) (dot) (Entered: 11/04/2019)
2019-11-04		Minute Order. The Court conducted a teleconference in this matter on November 4, 2019. Defendants reported that service of the Complaint and the Preliminary Injunction has been completed. However, neither Defendant has yet to make a determination of the volume of documents encompassed by Plaintiff's FOIA requests. Defendants are ORDERED to file a Response to Plaintiff's Motion for a Preliminary Injunction by NOVEMBER 12, 2019. Plaintiff is ORDERED to file a Reply in support of its Motion by NOVEMBER 14, 2019. This briefing schedule should give the parties adequate time to determine the volume of documents in Plaintiff's requests and to decide if a production schedule can be agreed upon. Signed by Judge Colleen Kollar-Kotelly on 11-4-2019. (lcckk3) (Entered: 11/04/2019)
2019-11-04		Set/Reset Deadlines: Defendants' Response to 4 due by 11/12/2019. Plaintiff's Reply to 4 due by 11/14/2019. (dot) (Entered: 11/05/2019)
2019-11-06	8	ORDER ESTABLISHING PROCEDURES FOR CASES ASSIGNED TO JUDGE COLLEEN KOLLAR-KOTELLY. Signed by Judge Colleen Kollar-Kotelly on 11/6/19. (DM) (Entered: 11/06/2019)
2019-11-08	9	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. OFFICE OF MANAGEMENT AND BUDGET served on 11/8/2019, RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 11/5/2019. (Attachments: # 1 Exhibit USPS Return Receipt-OMB, # 2 Exhibit USPS Return Receipt-AttyGen)(Smith, Peter) (Entered: 11/08/2019)
2019-11-12	10	Memorandum in opposition to re 4 MOTION for Preliminary Injunction filed by OFFICE OF MANAGEMENT AND BUDGET, U.S. DEPARTMENT OF DEFENSE. (Attachments: # 1 Declaration, # 2 Declaration)(Richer, Amber) (Entered: 11/12/2019)
2019-11-14	11	REPLY to opposition to motion re 4 MOTION for Preliminary Injunction filed by CENTER FOR PUBLIC INTEGRITY. (Smith, Peter) (Entered: 11/14/2019)
2019-11-15		Minute Order. The Court remains in the process of reviewing and considering the parties' briefing as to Plaintiff's 4 Motion for a Preliminary Injunction. The Court begins by noting that this is not the typical FOIA case. First, the House of Representatives is in the process of conducting impeachment hearings. The public is interested in information relating to those impeachment hearings and requires relevant information in order to act as an informed electorate. Second, it appears that much of the information responsive to Plaintiff's FOIA requests has also been requested by Congress as well as various other groups. By processing documents for Plaintiff's request, Defendants would also work towards resolving several other requests for the same information. Additionally, it would appear that some apportionment letters have already been provided to Congress and that an OMB official will be deposed in a closed hearing on November 16, 2019. Third, the responsive documents have already been pulled and are likely to be electronic. Moreover, with only 500 responsive documents, a substantial number of which are duplicates, Plaintiff's request is fairly limited in scope. Based on the information which has been provided, the Court is unable to determine a reasonable timeline for processing the responsive documents, exclusive of duplicates, and releasing the non-exempt information. The Court ORDERS the parties to meet and confer and file a Joint Status Report by 10 a.m. on NOVEMBER 19, 2019. The Joint Status Report should address Plaintiff's prioritization of the documents requested. Additionally, in their Opposition, Defendants indicate that they are able to make an initial production of documents by December 20, 2019. But, Defendants fail to indicate how many documents can be processed by that date. The parties' Report should indicate whether Defendants will be able to process all the responsive documents, exclusive of duplicates, and release all non-exempt information by December 20, 2019. If not, Defendants should explain why all the responsive documents cannot be processed and all non-exempt information released by that date. In the case that Defendants determine they cannot process all responsive documents by December 20, 2019, Defendants should further indicate how many documents can be processed by December 20, 2019 and provide a reasonable schedule for processing the remaining documents and releasing the non-exempt information according to the prioritization requested by Plaintiff. Signed by Judge Colleen Kollar-Kotelly on 11-15-2019. (lcckk3) (Entered: 11/15/2019)
2019-11-19	12	Joint STATUS REPORT by OFFICE OF MANAGEMENT AND BUDGET, U.S. DEPARTMENT OF DEFENSE. (Richer, Amber) (Entered: 11/19/2019)
2019-11-19		Minute Order. The Court hereby schedules a teleconference in this matter for NOVEMBER 19, 2019 at 4:00 p.m. Counsel should be prepared to discuss scheduling issues for the processing and release of non-exempt documents responsive to Plaintiff's FOIA requests. Signed by Judge Colleen Kollar-Kotelly on 11-19-2019. (lcckk3) (Entered: 11/19/2019)
2019-11-19		Set/Reset Hearings: Telephone Conference on the record set for 11/19/2019 at 4:00 PM in Chambers before Judge Colleen Kollar-Kotelly. (dot) (Entered: 11/19/2019)
2019-11-19		Minute Order. The Court held a teleconference in this matter on November 19, 2019. A court reporter was present. The parties and the Court discussed scheduling relating to the processing and release of non-exempt documents responsive to Plaintiff's FOIA requests. Defendants have agreed to release all responsive non-exempt documents by December 20, 2019. If for some reason Defendants are unable to meet that deadline, they will alert the Court by December 10, 2019. The only issue that remains is whether or not Defendants will begin releasing non-exempt responsive documents on a rolling basis prior to December 20, 2019. The parties are ORDERED to file a notice by noon on NOVEMBER 22, 2019, updating the Court as to the number of documents responsive to Plaintiff's FOIA requests, exclusive of duplicates. Signed by Judge Colleen Kollar-Kotelly on 11-19-2019. (lcckk3) (Entered: 11/19/2019)
2019-11-19		Minute Entry for proceedings held before Judge Colleen Kollar-Kotelly: Telephone Conference on the record held on 11/19/2019. (Court Reporter Lisa Griffith.) (dot) (Entered: 11/20/2019)
2019-11-22	13	NOTICE by OFFICE OF MANAGEMENT AND BUDGET, U.S. DEPARTMENT OF DEFENSE (Richer, Amber) (Entered: 11/22/2019)
2019-11-22	14	MOTION for Leave to File Response to Defendants' Notice by CENTER FOR PUBLIC INTEGRITY (Smith, Peter) (Entered: 11/22/2019)
2019-11-22		Minute Order. The Court is in receipt of Plaintiff's 14 Motion for Leave to Respond to Defendants' Notice. Plaintiff's Motion is GRANTED as it will assist the Court in the resolution of Plaintiff's pending Motion. Signed by Judge Colleen Kollar-Kotelly on 11-22-2019. (lcckk3) (Entered: 11/22/2019)
2019-11-22	15	RESPONSE re 13 Notice (Other) filed by CENTER FOR PUBLIC INTEGRITY. (ztd) (Entered: 11/25/2019)
2019-11-25	16	ORDER granting 4 Motion for Preliminary Injunction. Signed by Judge Colleen Kollar-Kotelly on 11-25-2019. (lcckk3) (Entered: 11/25/2019)
2019-11-25	17	MEMORANDUM OPINION. Signed by Judge Colleen Kollar-Kotelly on 11-25-2019. (lcckk3) (Entered: 11/25/2019)
2019-12-09	18	ANSWER to Complaint by OFFICE OF MANAGEMENT AND BUDGET, U.S. DEPARTMENT OF DEFENSE.(Richer, Amber) (Entered: 12/09/2019)
2019-12-13	19	MOTION to Enforce Preliminary Injunction by CENTER FOR PUBLIC INTEGRITY (Attachments: # 1 Exhibit Determination Letter, # 2 Exhibit Documents Produced, # 3 Text of Proposed Order)(Smith, Peter) (Entered: 12/13/2019)
2019-12-13	20	ORDER denying 19 Motion to Enforce and Ordering a Joint Status Report. Signed by Judge Colleen Kollar-Kotelly on 12-13-2019. (lcckk3) (Entered: 12/13/2019)
2019-12-13		Set/Reset Deadlines: Joint Status Report due by 12/17/2019, setting forth a proposed schedule for submitting a Vaugh Index and conducting summary judgment briefing or cross-briefing. (dot) (Entered: 12/16/2019)
2019-12-17	21	Joint STATUS REPORT by OFFICE OF MANAGEMENT AND BUDGET, U.S. DEPARTMENT OF DEFENSE. (Richer, Amber) (Entered: 12/17/2019)
2019-12-18		Minute Order. The Court is in receipt of the parties' 21 Joint Status Report. The parties could not agree on a schedule for summary judgment briefing. The Court finds the following schedule, which is a compromise between the parties' proposals, to be reasonable. The Court ORDERS that Defendants file their Motion for Summary Judgment, including a Vaughn index addressing individually each document, by JANUARY 31, 2020; Plaintiff file its Cross-Motion and Response by FEBRUARY 14, 2020; Defendants file their Reply and Response by FEBRUARY 21, 2020; Plaintiff files its Reply by FEBRUARY 28, 2020. Signed by Judge Colleen Kollar-Kotelly on 12-18-2020. (lcckk3) (Entered: 12/18/2019)
2019-12-18		Set/Reset Deadlines: Plaintiff's Cross Motion for Summary Judgment due by 2/14/2020. Response to Cross Motion for Summary Judgment due by 2/21/2020. Reply to Cross Motion for Summary Judgment due by 2/28/2020. Defendants' Summary Judgment Motion due by 1/31/2020. Response to Motion for Summary Judgment due by 2/14/2020. Reply to Motion for Summary Judgment due by 2/21/2020. Vaughn Index due by 1/31/2020. (dot) (Entered: 12/20/2019)
2020-01-31	22	MOTION for Summary Judgment by OFFICE OF MANAGEMENT AND BUDGET, U.S. DEPARTMENT OF DEFENSE (Attachments: # 1 Statement of Facts, # 2 Declaration, # 3 Declaration, # 4 Declaration, # 5 Certificate of Service, # 6 Text of Proposed Order)(Richer, Amber) (Entered: 01/31/2020)
2020-02-14	23	MOTION for Summary Judgment by CENTER FOR PUBLIC INTEGRITY (Attachments: # 1 Statement of Facts, # 2 Exhibit Documents 1 - 31, # 3 Exhibit Documents 32 - 111, # 4 Text of Proposed Order)(Smith, Peter) (Entered: 02/14/2020)
2020-02-14	24	Memorandum in opposition to re 22 MOTION for Summary Judgment filed by CENTER FOR PUBLIC INTEGRITY. (Smith, Peter) (Entered: 02/14/2020)
2020-02-14	25	Unopposed MOTION for Leave to File Amicus Brief by AMERICAN OVERSIGHT, DEMOCRACY FORWARD FOUNDATION (Attachments: # 1 Memorandum in Support Proposed Amicus)(Evers, Austin) (Entered: 02/14/2020)
2020-02-18		Minute Order. The Court is in receipt of American Oversight and Democracy Forward Foundation's 25 Unopposed Motion for Leave to File an Amicus Brief. The proposed brief "addresses the proper scope of two privileges implicated by the records requested in this case: the presidential communications privilege and the deliberative process privilege, as well as the practical implications and real-world ramifications of allowing those privileges to be expanded in the manner attempted by the government here." ECF No. 25, 1. As the requested relief is unopposed and as the proposed brief may assist the Court in addressing the parties' arguments, the 25 Motion by American Oversight and Democracy Forward Foundation is GRANTED. Signed by Judge Colleen Kollar-Kotelly on 2-18-2020. (lcckk3) (Entered: 02/18/2020)
2020-02-18	28	AMICUS BRIEF by AMERICAN OVERSIGHT, DEMOCRACY FORWARD FOUNDATION. (ztd) Modified on 2/24/2020 (ztd). Modified filers on 2/26/2020 (znmw). (Entered: 02/24/2020)
2020-02-21	26	Memorandum in opposition to re 23 MOTION for Summary Judgment filed by OFFICE OF MANAGEMENT AND BUDGET, U.S. DEPARTMENT OF DEFENSE. (Attachments: # 1 Statement of Facts, # 2 Declaration, # 3 Declaration, # 4 Certificate of Service, # 5 Text of Proposed Order)(Richer, Amber) (Entered: 02/21/2020)
2020-02-21	27	REPLY to opposition to motion re 22 MOTION for Summary Judgment filed by OFFICE OF MANAGEMENT AND BUDGET, U.S. DEPARTMENT OF DEFENSE. (Attachments: # 1 Statement of Facts, # 2 Declaration, # 3 Declaration, # 4 Certificate of Service, # 5 Text of Proposed Order)(Richer, Amber) (Entered: 02/21/2020)
2020-02-28	29	REPLY to opposition to motion re 23 MOTION for Summary Judgment filed by CENTER FOR PUBLIC INTEGRITY. (Smith, Peter) (Entered: 02/28/2020)
2020-03-19		Minute Order. In reviewing the parties' summary judgment briefing, the Court has determined that it requires a supplemental declaration from Defendant OMB. In keeping with the FOIA Improvement Act, Defendant must explain how a particular withholding under FOIA Exemption 5 would harm the agency's deliberative process. In the supplemental declaration, Defendant OMB shall provide additional details about the specific, identifiable harm that would be caused by disclosure of the specific information withheld. Defendant OMB may provide this information for each withholding or for particular categories of documents. Defendant OMB shall submit its supplemental declaration by MARCH 30, 2020. Signed by Judge Colleen Kollar-Kotelly on 3-19-2020. (lcckk3) (Entered: 03/19/2020)
2020-03-24	30	Unopposed MOTION for Extension of Time to File a Supplemental Declaration by OFFICE OF MANAGEMENT AND BUDGET, U.S. DEPARTMENT OF DEFENSE (Richer, Amber) Modified event on 3/24/2020 (ztd). (Entered: 03/24/2020)
2020-03-24		Minute Order. The Court is in receipt of Defendant OMB's 30 Unopposed Motion for an Extension of Time to File a Supplemental Declaration, in Light of COVID-19 Pandemic. Defendant's supplemental declaration is currently due March 30, 2020. Defendant OMB requests an extension due to work disruptions caused by the COVID-19 pandemic. Defendant OMB's Motion is GRANTED. Defendant OMB's supplemental declaration is due APRIL 29, 2020. Signed by Judge Colleen Kollar-Kotelly on 3-24-2020. (lcckk3) (Entered: 03/24/2020)
2020-04-29	31	Unopposed MOTION for Extension of Time to File a Supplemental Declaration by OFFICE OF MANAGEMENT AND BUDGET, U.S. DEPARTMENT OF DEFENSE (Richer, Amber) (Entered: 04/29/2020)
2020-04-29		Minute Order. The Court is in receipt of Defendant OMB's 31 Unopposed Motion for an Extension of Time to File a Supplemental Declaration. Defendant's supplemental declaration is currently due April 29, 2020. Defendant OMB requests an extension due to the declarant's unexpected illness making her unavailable to review the supplemental declaration. Defendant OMB's Motion is GRANTED. Defendant OMB's supplemental declaration is due MAY 1, 2020. Signed by Judge Colleen Kollar-Kotelly on 4-29-2020. (lcckk3) (Entered: 04/29/2020)
2020-04-29		Set/Reset Deadlines: Defendant OMB's Supplemental Declaration due by 5/1/2020. (dot) (Entered: 04/30/2020)
2020-05-01	32	RESPONSE TO ORDER OF THE COURT re Order,,, Order on Motion for Extension of Time to,, Order on Motion for Extension of Time to,, Third Walsh Declaration filed by OFFICE OF MANAGEMENT AND BUDGET, U.S. DEPARTMENT OF DEFENSE. (Attachments: # 1 Declaration Third Walsh Declaration)(Richer, Amber) (Entered: 05/01/2020)
2020-08-06	33	ORDER for in camera review. Signed by Judge Colleen Kollar-Kotelly on 8-6-2020. (lcckk3) (Entered: 08/06/2020)
2020-08-06	34	MEMORANDUM OPINION for in camera review. Signed by Judge Colleen Kollar-Kotelly on 8-6-2020. (lcckk3) (Entered: 08/06/2020)
2020-08-11	35	NOTICE of Delivery of Documents for In Camera Review by OFFICE OF MANAGEMENT AND BUDGET, U.S. DEPARTMENT OF DEFENSE (Richer, Amber) (Entered: 08/11/2020)
2020-08-19		MINUTE ORDER. The Court has reviewed in camera the documents provided by Defendants. As to one document, the Court requires additional information. The Court ORDERS Defendants to provide a supplemental declaration stating who provided and who received the material encompassed by document 8, as such information is not evident from the face of the document. Such declaration shall be provided by AUGUST 24, 2020. Alternatively, Defendants may provide for in camera review document 7 to which document 8 was attached. Signed by Judge Colleen Kollar-Kotelly on 8-19-2020. (lcckk3, ) (Entered: 08/19/2020)
2020-08-24	36	NOTICE of Delivery of Document for In Camera Review by OFFICE OF MANAGEMENT AND BUDGET, U.S. DEPARTMENT OF DEFENSE re Order,, (Richer, Amber) (Entered: 08/24/2020)
2020-08-28	37	ORDER granting in part and denying in part 22 Motion for Summary Judgment; granting in part and denying in part 23 Motion for Summary Judgment. Signed by Judge Colleen Kollar-Kotelly on 8-28-2020. (lcckk3) (Entered: 08/28/2020)
2020-08-28	38	MEMORANDUM OPINION. Signed by Judge Colleen Kollar-Kotelly on 8-28-2020. (lcckk3) (Entered: 08/28/2020)
2020-09-08	39	NOTICE by OFFICE OF MANAGEMENT AND BUDGET, U.S. DEPARTMENT OF DEFENSE re 37 Order on Motion for Summary Judgment, (Richer, Amber) (Entered: 09/08/2020)
2020-09-11	40	Unopposed MOTION for Extension of Time to File Motion for Attorney's Fees by CENTER FOR PUBLIC INTEGRITY (Attachments: # 1 Text of Proposed Order)(Smith, Peter) (Entered: 09/11/2020)
2020-09-11		MINUTE ORDER. The Court is in receipt of the Plaintiff's 40 Motion for Extension of Time to Move for Attorney's Fees. Plaintiff has presented Defendants with a claim for attorneys' fees and requires additional time to determine if an agreement may be reached. Defendants do not object to the relief requested. The Court GRANTS Plaintiff's Motion. Plaintiff's Motion for Attorney's Fees is due NOVEMBER 12, 2020. Signed by Judge Colleen Kollar-Kotelly on 9-11-2020. (lcckk3) (Entered: 09/11/2020)
2020-09-11		Set/Reset Deadlines: Motion for Attorney's Fees due by 11/12/2020. (dot) (Entered: 09/14/2020)
2020-11-06	41	Unopposed MOTION for Extension of Time to File Motion for Attorney's Fees by CENTER FOR PUBLIC INTEGRITY (Attachments: # 1 Text of Proposed Order)(Smith, Peter) (Entered: 11/06/2020)
2020-11-09		MINUTE ORDER. The Court is in receipt of Plaintiff's 41 Motion for Extension of Time to Move for Attorney's Fees. This is Plaintiff's second request for an extension of time to move for attorney's fees. Plaintiff indicates that the parties have conferred regarding Plaintiff's claim for attorney's fees and requests an extension of time for the parties to consider whether an agreement may be reached. Defendants do not object to the relief requested. The Court GRANTS Plaintiff's Motion and ORDERS Plaintiff to file its Motion for Attorney's Fees by no later than DECEMBER 11, 2020. Signed by Judge Colleen Kollar-Kotelly on 11/9/2020. (lcckk3) (Entered: 11/09/2020)
2020-11-09		Set/Reset Deadlines: Plaintiff's Motion for Attorney's Fees due by 12/11/2020. (dot) (Entered: 11/09/2020)
2020-12-08	42	NOTICE JOINT NOTICE OF AGREEMENT IN PRINCIPLE TO SETTLE ATTORNEYS FEES by OFFICE OF MANAGEMENT AND BUDGET, U.S. DEPARTMENT OF DEFENSE (Richer, Amber) (Entered: 12/08/2020)
2020-12-09		MINUTE ORDER. The Court is in receipt of the parties' 42 Joint Notice of Agreement in Principle to Settle Attorney's Fees, indicating that they have reached an agreement in principle to settle the Plaintiff's claim for attorney's fees. Defendant is working to obtain necessary approvals to finalize the settlement. The Court ORDERS the parties to file by no later than JANUARY 11, 2021 a status report updating the Court on the status of settlement if the parties have not filed a stipulation of dismissal before that date. Signed by Judge Colleen Kollar-Kotelly on 12/9/2020. (lcckk3) (Entered: 12/09/2020)
2020-12-09		Set/Reset Deadlines: Status Report due by 1/11/2021, updating the Court on the status of settlement if the parties have not filed a stipulation of dismissal before that date. (dot) (Entered: 12/09/2020)
2021-01-11	43	Joint STATUS REPORT by OFFICE OF MANAGEMENT AND BUDGET, U.S. DEPARTMENT OF DEFENSE. (Richer, Amber) (Entered: 01/11/2021)
2021-01-11		MINUTE ORDER. The Court is in receipt of the parties' 43 Joint Status Report. The parties indicate that Defendants are in the process of obtaining necessary approvals to finalize the settlement of Plaintiff's claim for attorney's fees. The Court ORDERS the parties to file a joint status report by FEBRUARY 11, 2021 updating the Court on the status of the settlement if the parties have not filed a stipulation of dismissal before that date. Signed by Judge Colleen Kollar-Kotelly on 1/11/21. (lcckk3) (Entered: 01/11/2021)
2021-01-11		Set/Reset Deadlines: Status Report due by 2/11/2021, updating the Court on the status of the settlement if the parties have not filed a stipulation of dismissal before that date. (dot) (Entered: 01/12/2021)
2021-01-15	44	STIPULATION of Dismissal by CENTER FOR PUBLIC INTEGRITY. (Smith, Peter) (Entered: 01/15/2021)
2021-01-15	45	ORDER dismissing case with prejudice. Signed by Judge Colleen Kollar-Kotelly on 1/15/21. (lcckk3) (Entered: 01/15/2021)
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