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Case TitleSCHAERR v. UNITED STATES DEPARTMENT OF JUSTICE
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2022cv01520
Date Filed2022-05-31
Date ClosedOpen
JudgeJudge Amit P. Mehta
PlaintiffGENE C. SCHAERR
Case DescriptionGene Schaerr, general counsel for the Project on Privacy and Surveillance Accountability, submitted a FOIA request to the FBI for records concerning claims of Russian interference with the 2016 election that were provided to Congress by the FBI. The agency acknowledged receipt of the request. The agency closed two requests for personally identifying information. The FBI also directed Schaerr to some records posted on its website. Schaerr submitted the same request to DOJ's National Security Division. NSD also acknowledged receipt of the request. After hearing nothing further from the agency, Schaerr filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Vaughn index, Litigation - Attorney's fees

DefendantUNITED STATES DEPARTMENT OF JUSTICE
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
Complaint attachment 7
Complaint attachment 8
Complaint attachment 9
Complaint attachment 10
Complaint attachment 11
Complaint attachment 12
Complaint attachment 13
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2022-05-311COMPLAINT against UNITED STATES DEPARTMENT OF JUSTICE ( Filing fee $ 402 receipt number ADCDC-9270846) filed by GENE C. SCHAERR. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I, # 11 Summons U.S. Attorney for D.C., # 12 Summons U.S. Attorney General, # 13 Summons U.S. Department of Justice)(Schaerr, Gene) (Entered: 05/31/2022)
2022-05-31Case Assigned to Judge Amit P. Mehta. (zsb) (Entered: 05/31/2022)
2022-05-312SUMMONS (3) Issued Electronically as to UNITED STATES DEPARTMENT OF JUSTICE, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(zsb) (Entered: 05/31/2022)
2022-06-203RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 6/15/2022. Answer due for ALL FEDERAL DEFENDANTS by 7/15/2022. (Schaerr, Gene) (Entered: 06/20/2022)
2022-06-204RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 6/15/2022. (Schaerr, Gene) (Entered: 06/20/2022)
2022-06-205RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES DEPARTMENT OF JUSTICE served on 6/15/2022 (Schaerr, Gene) (Entered: 06/20/2022)
2022-07-136NOTICE of Appearance by Erika Kirstie Oblea on behalf of All Defendants (Oblea, Erika) (Entered: 07/13/2022)
2022-07-137Consent MOTION for Extension of Time to File Answer re 1 Complaint, or Otherwise Respond to Complaint by UNITED STATES DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order)(Oblea, Erika) (Entered: 07/13/2022)
2022-07-14MINUTE ORDER granting Defendant's 7 Consent Motion to Extend Time to Respond to Complaint. Defendant shall respond to the complaint on or before August 15, 2022. Signed by Judge Amit P. Mehta on 7/14/2022. (lcapm2) (Entered: 07/14/2022)
2022-08-158ANSWER to Complaint by UNITED STATES DEPARTMENT OF JUSTICE.(Oblea, Erika) (Entered: 08/15/2022)
2022-08-169ORDER. Both a Complaint and an Answer are now before the court in this FOIA case. It is hereby ordered that the parties shall meet and confer and file a Joint Status Report on or before August 29, 2022. The Joint Status Report shall include (1) the status of Plaintiff's FOIA request; (2) the anticipated number of documents responsive to Plaintiff's FOIA request; (3) the anticipated date(s) for release of the documents requested by Plaintiff; (4) whether a motion for stay is likely under Open America v. Watergate Special Prosecution Force, 547 F.2d 605 (D.C. Cir. 1976); and (5) whether the parties anticipate summary judgment briefing and, if so, a proposed briefing schedule. Please see attached Order for additional details. Signed by Judge Amit P. Mehta on 8/16/22. (lcapm2) (Entered: 08/16/2022)
2022-08-16Set/Reset Deadlines: Status Report due by 8/29/2022. (zjch, ) (Entered: 08/16/2022)
2022-08-2610Joint STATUS REPORT by UNITED STATES DEPARTMENT OF JUSTICE. (Oblea, Erika) (Entered: 08/26/2022)
2022-08-26MINUTE ORDER. The parties shall file an additional Joint Status Report by October 26, 2022, which updates the court on the processing and production of responsive records. Signed by Judge Amit P. Mehta on 8/26/2022. (lcapm2) (Entered: 08/26/2022)
2022-10-1211NOTICE of Appearance by Brian J. Field on behalf of GENE C. SCHAERR (Field, Brian) (Entered: 10/12/2022)
2022-10-2612Joint STATUS REPORT by UNITED STATES DEPARTMENT OF JUSTICE. (Oblea, Erika) (Entered: 10/26/2022)
2022-10-27MINUTE ORDER. The parties shall file an additional Joint Status Report by December 23, 2022, which updates the court on the processing and production of responsive records. Signed by Judge Amit P. Mehta on 10/27/2022. (lcapm2) (Entered: 10/27/2022)
2022-12-2313Joint STATUS REPORT by UNITED STATES DEPARTMENT OF JUSTICE. (Oblea, Erika) (Entered: 12/23/2022)
2022-12-23MINUTE ORDER. The parties shall file an additional Joint Status Report by February 21, 2023, which updates the court on the processing and production of responsive records. Signed by Judge Amit P. Mehta on 12/23/2022. (lcapm2) (Entered: 12/23/2022)
2023-02-2114Joint STATUS REPORT by UNITED STATES DEPARTMENT OF JUSTICE. (Oblea, Erika) (Entered: 02/21/2023)
2023-04-2515Joint STATUS REPORT by UNITED STATES DEPARTMENT OF JUSTICE. (Oblea, Erika) (Entered: 04/25/2023)
2023-04-27MINUTE ORDER. The parties shall file an additional Joint Status Report by June 26, 2023, which updates the court on the processing and production of responsive records. Signed by Judge Amit P. Mehta on 04/27/2023. (lcapm2) (Entered: 04/27/2023)
2023-06-2616Joint STATUS REPORT by UNITED STATES DEPARTMENT OF JUSTICE. (Oblea, Erika) (Entered: 06/26/2023)
2023-06-27MINUTE ORDER. The parties shall file an additional Joint Status Report by August 25, 2023, which updates the court on the processing and production of responsive records. Signed by Judge Amit P. Mehta on 06/27/2023. (lcapm2) (Entered: 06/27/2023)
2023-08-2517Joint STATUS REPORT by UNITED STATES DEPARTMENT OF JUSTICE. (Oblea, Erika) (Entered: 08/25/2023)
2023-08-25MINUTE ORDER. The parties shall file an additional Joint Status Report by October 24, 2023, which updates the court on the processing and production of responsive records. Signed by Judge Amit P. Mehta on 08/25/2023. (lcapm2) (Entered: 08/25/2023)
2023-10-2318Joint STATUS REPORT by UNITED STATES DEPARTMENT OF JUSTICE. (Oblea, Erika) (Entered: 10/23/2023)
2023-10-24MINUTE ORDER. The parties shall file an additional Joint Status Report on or before December 22, 2023, which updates the court on the processing and production of responsive records. Signed by Judge Amit P. Mehta on October 24, 2023. (lcapm2) (Entered: 10/24/2023)
2023-12-2119Joint STATUS REPORT by UNITED STATES DEPARTMENT OF JUSTICE. (Duffey, Thomas) (Entered: 12/21/2023)
2023-12-22MINUTE ORDER. The parties shall file an additional Joint Status Report on or before February 22, 2024, which updates the court on the processing and production of responsive records. Signed by Judge Amit P. Mehta on 12/22/23. (lcapm2) (Entered: 12/22/2023)
2024-02-2220Joint STATUS REPORT by UNITED STATES DEPARTMENT OF JUSTICE. (Duffey, Thomas) (Entered: 02/22/2024)
2024-02-23MINUTE ORDER. The parties shall file an additional Joint Status Report on or before April 23, 2024, which updates the court on the processing and production of responsive records. Signed by Judge Amit P. Mehta on 2/23/24. (lcapm2) (Entered: 02/23/2024)
2024-02-23Set/Reset Deadlines: Joint Status Report due by 4/23/2024. (smc) (Entered: 02/23/2024)
2024-04-2321Joint STATUS REPORT by UNITED STATES DEPARTMENT OF JUSTICE. (Duffey, Thomas) (Entered: 04/23/2024)
2024-05-03MINUTE ORDER. The parties shall file an additional Joint Status Report by June 25, 2024, which updates the court on the processing and production of responsive records. The court will not, at this time, enter the search and production deadlines requested by Plaintiff. The court, however, expects Defendant to make meaningful progress on the disputed matters identified by Plaintiff by June 25, 2024. If the consultations with respect to FOIA Request 1440261 are not completed by June 25, 2024, Defendant shall determine when those consultations will be completed and update the court in the next Joint Status Report. Defendant also shall provide a concrete description of the status of any request for which searches remain outstanding. Signed by Judge Amit P. Mehta on 5/3/24. (lcapm2) (Entered: 05/03/2024)
2024-06-2522Joint STATUS REPORT by UNITED STATES DEPARTMENT OF JUSTICE. (Oblea, Erika) (Entered: 06/25/2024)
2024-06-26MINUTE ORDER. The parties shall file an additional Joint Status Report by August 26, 2024, which updates the court on the progress of the parties' discussions regarding Plaintiff's request to NSD, FBI's search, processing, and/or production, and OIP's response. Signed by Judge Amit P. Mehta on 6/26/24. (lcapm2) (Entered: 06/26/2024)
2024-06-26Set/Reset Deadlines: Joint Status Report due by 8/26/2024 (zakb) (Entered: 06/26/2024)
2024-08-2623Joint STATUS REPORT by UNITED STATES DEPARTMENT OF JUSTICE. (Oblea, Erika) (Entered: 08/26/2024)
2024-08-28MINUTE ORDER. The parties shall file an additional Joint Status Report by October 25, 2024, which updates the court on the progress of the parties' discussions regarding Plaintiff's request to NSD, FBI's search, processing, and/or production, and OIP's response. Signed by Judge Amit P. Mehta on 8/28/2024. (lcapm2) (Entered: 08/28/2024)
2024-08-30Set/Reset Deadlines: Joint Status Report due by 10/25/2024. (zakb) (Entered: 08/30/2024)
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