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Case TitleFUNCTIONAL GOVERNMENT INITIATIVE v. U.S. DEPARTMENT OF TRANSPORTATION et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2022cv02695
Date Filed2022-09-07
Date ClosedOpen
JudgeJudge Tanya S. Chutkan
PlaintiffFUNCTIONAL GOVERNMENT INITIATIVE
Case DescriptionFunctional Government Initiative submitted a FOIA request to the Federal Highway Administration for records concerning the issuance of a FHWA December 2021 memo entitled Policy on Using Bipartisan Infrastructure Law Resources to Build a Better America. The agency acknowledged receipt of the request but after hearing nothing further from the agency, FGI filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Vaughn index, Litigation - Attorney's fees

DefendantU.S. DEPARTMENT OF TRANSPORTATION
DefendantFEDERAL HIGHWAY ADMINISTRATION
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2022-09-071COMPLAINT against All Defendants ( Filing fee $ 402 receipt number ADCDC-9496744) filed by FUNCTIONAL GOVERNMENT INITIATIVE. (Attachments: # 1 Exhibit 1. FGI's FOIA to DOT, # 2 Exhibit 2. FGI's FOIA to FHWA, # 3 Summons to U.S. Attorney General, # 4 Summons to U.S. Attorney's Office for D.C., # 5 Summons to U.S. Department of Transportation, # 6 Summons to Federal Highway Administration)(Goeken, Richard) (Entered: 09/07/2022)
2022-09-072ERRATA Adding Civil Cover Sheet to Filing of Complaint by FUNCTIONAL GOVERNMENT INITIATIVE re 1 Complaint,. (Goeken, Richard) (Entered: 09/07/2022)
2022-09-08Case Assigned to Judge Tanya S. Chutkan. (zcb, ) (Entered: 09/08/2022)
2022-09-083SUMMONS (5) Issued Electronically as to FEDERAL HIGHWAY ADMINISTRATION, U.S. DEPARTMENT OF TRANSPORTATION, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(zcb, ) (Entered: 09/08/2022)
2022-10-144NOTICE of Appearance by Robert Aaron Caplen on behalf of All Defendants (Caplen, Robert) (Entered: 10/14/2022)
2022-10-145Consent MOTION for Extension of Time to File Answer re 1 Complaint, by FEDERAL HIGHWAY ADMINISTRATION, U.S. DEPARTMENT OF TRANSPORTATION. (Attachments: # 1 Text of Proposed Order)(Caplen, Robert) (Entered: 10/14/2022)
2022-10-17MINUTE ORDER: Defendants' 5 Motion for Extension of Time to Answer is GRANTED. It is hereby ORDERED that Defendants' Answer to the Complaint is due 11/18/2022 . Signed by Judge Tanya S. Chutkan on 10/17/2022. (lcja) (Entered: 10/17/2022)
2022-10-19Set/Reset Deadlines: Answer due by 11/18/2022. (tb) (Entered: 10/19/2022)
2022-11-186ANSWER to Complaint by FEDERAL HIGHWAY ADMINISTRATION, U.S. DEPARTMENT OF TRANSPORTATION.(Caplen, Robert) (Entered: 11/18/2022)
2022-11-20MINUTE ORDER: Before the Court in this FOIA case are a complaint and an answer. The requirements of LCvR 16.3 and Rule 26(f) of the Federal Rules of Civil procedure appear to be inapplicable. IT IS HEREBY ORDERED that the parties shall meet and confer and propose a schedule for proceeding in this matter. The schedule shall address the status of Plaintiff's FOIA request, the anticipated number of documents responsive to Plaintiff's FOIA request, the anticipated date(s) for release of the documents requested by Plaintiff, whether a motion for an Open America stay is likely in this case, whether a Vaughn index will be required in this case, whether and when either party anticipates filing a dispositive motion, and any other pertinent issues. The parties shall file a joint status report that addresses these issues no later than January 9, 2023. The joint status report shall be accompanied by a proposed order. Signed by Judge Tanya S. Chutkan on 11/20/2022. (lcja) (Entered: 11/20/2022)
2022-11-21Set/Reset Deadlines: Joint Status Report due by 1/9/2023. (tb) (Entered: 11/21/2022)
2023-01-097Joint STATUS REPORT by FEDERAL HIGHWAY ADMINISTRATION, U.S. DEPARTMENT OF TRANSPORTATION. (Caplen, Robert) (Entered: 01/09/2023)
2023-01-11MINUTE ORDER: In consideration of the parties' 7 Joint Status Report, the parties shall submit another joint status report no later than February 24, 2023, to apprise the Court on the status of this case and, if necessary, propose a briefing schedule to govern further litigation. The joint status report SHALL be accompanied by a proposed order. Signed by Judge Tanya S. Chutkan on 1/11/2023. (lcja) (Entered: 01/11/2023)
2023-01-11Set/Reset Deadlines: Joint Status Report due by 2/24/2023. (tb) (Entered: 01/11/2023)
2023-01-18Set/Reset Deadlines: Joint Status Report due by 2/24/2023. (tb) (Entered: 01/18/2023)
2023-02-098NOTICE OF SUBSTITUTION OF COUNSEL by Alexander Schreiber on behalf of All Defendants Substituting for attorney Robert Caplen (Schreiber, Alexander) (Entered: 02/09/2023)
2023-02-249Joint STATUS REPORT by FEDERAL HIGHWAY ADMINISTRATION, U.S. DEPARTMENT OF TRANSPORTATION. (Attachments: # 1 Text of Proposed Order)(Schreiber, Alexander) (Entered: 02/24/2023)
2023-02-27MINUTE ORDER: In consideration of the parties' 9 Joint Status Report, the parties shall submit another joint status report no later than May 23, 2023, to apprise the Court on the status of this case and, if necessary, propose a briefing schedule to govern further litigation. The joint status report shall be accompanied by a proposed order. Signed by Judge Tanya S. Chutkan on 2/27/2023. (lcja) (Entered: 02/27/2023)
2023-02-27Set/Reset Deadlines: Joint Status Report due by 5/23/2023. (tb) (Entered: 02/27/2023)
2023-05-2310Joint STATUS REPORT by FEDERAL HIGHWAY ADMINISTRATION, U.S. DEPARTMENT OF TRANSPORTATION. (Schreiber, Alexander) (Entered: 05/23/2023)
2023-05-24MINUTE ORDER: In consideration of the parties' 10 Joint Status Report the parties shall submit another joint status report no later than July 24, 2023, to apprise the Court on the status of this case and, if necessary, propose a briefing schedule to govern further litigation. The joint status report shall be accompanied by a proposed order. Signed by Judge Tanya S. Chutkan on 5/24/2023. (lcja) (Entered: 05/24/2023)
2023-05-25Set/Reset Deadlines: Joint Status Report due by 7/24/2023. (tb) (Entered: 05/25/2023)
2023-07-2411Joint STATUS REPORT by FEDERAL HIGHWAY ADMINISTRATION, U.S. DEPARTMENT OF TRANSPORTATION. (Schreiber, Alexander) (Entered: 07/24/2023)
2023-07-25MINUTE ORDER: The parties shall submit another joint status report no later than October 16, 2023, and every 30 days thereafter to apprise the Court on the status of this case. To the extent that the parties propose a change in the status quo or seek to propose a briefing schedule to govern further litigation, the report shall be accompanied by a proposed order. Signed by Judge Tanya S. Chutkan on 7/25/2023. (lcja) (Entered: 07/25/2023)
2023-07-25Set/Reset Deadlines: Joint Status Report due by 10/16/2023 (zlsj) (Entered: 07/25/2023)
2023-10-1612Joint STATUS REPORT by FEDERAL HIGHWAY ADMINISTRATION, U.S. DEPARTMENT OF TRANSPORTATION. (Schreiber, Alexander) (Entered: 10/16/2023)
2023-11-1513Joint STATUS REPORT by FEDERAL HIGHWAY ADMINISTRATION, U.S. DEPARTMENT OF TRANSPORTATION. (Schreiber, Alexander) (Entered: 11/15/2023)
2023-12-1514Joint STATUS REPORT by FEDERAL HIGHWAY ADMINISTRATION, U.S. DEPARTMENT OF TRANSPORTATION. (Schreiber, Alexander) (Entered: 12/15/2023)
2024-01-1215Joint STATUS REPORT by FEDERAL HIGHWAY ADMINISTRATION, U.S. DEPARTMENT OF TRANSPORTATION. (Schreiber, Alexander) (Entered: 01/12/2024)
2024-02-1516Joint STATUS REPORT by FEDERAL HIGHWAY ADMINISTRATION, U.S. DEPARTMENT OF TRANSPORTATION. (Schreiber, Alexander) (Entered: 02/15/2024)
2024-03-1817Joint STATUS REPORT by FEDERAL HIGHWAY ADMINISTRATION, U.S. DEPARTMENT OF TRANSPORTATION. (Schreiber, Alexander) (Entered: 03/18/2024)
2024-03-18MINUTE ORDER: Upon consideration of 17 Joint Status Report, the parties shall confer and file a joint status report on or before June 17, 2024, and every 90 days thereafter, to update the court on the status of the case. To the extent the report proposes a change in the status quo, it shall be accompanied by a proposed order. Signed by Judge Tanya S. Chutkan on 3/18/24. (lce) (Entered: 03/18/2024)
2024-06-1718Joint STATUS REPORT by FEDERAL HIGHWAY ADMINISTRATION, U.S. DEPARTMENT OF TRANSPORTATION. (Schreiber, Alexander) (Entered: 06/17/2024)
2024-06-2319NOTICE by FUNCTIONAL GOVERNMENT INITIATIVE (Goeken, Richard) (Entered: 06/23/2024)
2024-06-2320LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by FUNCTIONAL GOVERNMENT INITIATIVE (Goeken, Richard) (Entered: 06/23/2024)
2024-09-1321NOTICE OF SUBSTITUTION OF COUNSEL by Fithawi Berhane on behalf of All Defendants Substituting for attorney Alexander Schreiber (Berhane, Fithawi) (Entered: 09/13/2024)
2024-09-1622Joint STATUS REPORT by FEDERAL HIGHWAY ADMINISTRATION, U.S. DEPARTMENT OF TRANSPORTATION. (Berhane, Fithawi) (Entered: 09/16/2024)
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