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Case TitlePROJECT ON GOVERNMENT OVERSIGHT, INC. v. U.S. OFFICE OF SPECIAL COUNSEL
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2022cv03381
Date Filed2022-11-04
Date Closed2024-03-19
JudgeJudge Dabney L. Friedrich
PlaintiffPROJECT ON GOVERNMENT OVERSIGHT, INC.
Case DescriptionThe Project on Government Oversight submitted a FOIA request to U.S. Office of Special Counsel for records concerning the closing of Hatch Act investigations during the Trump administration, including a number of people who worked at the White House. POGO also requested a fee waiver. The agency acknowledged receipt of the request. The agency disclosed 17 pages in full and 21 pages in part, citing Exemption 6 (invasion of privacy), Exemption 7(C) (invasion of privacy concerning law enforcement records) and Exemption 7 (D) (confidential sources). POGO filed an administrative appeal of the denial. OSC told POGO that it had re-reviewed redactions on 19 pages and concluded they were appropriate. POGO then filed suit.
Complaint issues: Litigation - Attorney's fees

DefendantU.S. OFFICE OF SPECIAL COUNSEL
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Opinion/Order [22]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2022-11-041COMPLAINT against U.S. OFFICE OF SPECIAL COUNSEL ( Filing fee $ 402 receipt number ADCDC-9649359) filed by PROJECT ON GOVERNMENT OVERSIGHT, INC.. (Attachments: # 1 Summons Attorney General, # 2 Summons Off. of Special Counsel, # 3 Summons U.S. Attorney, # 4 Civil Cover Sheet)(Weismann, Anne) (Entered: 11/04/2022)
2022-11-042LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by PROJECT ON GOVERNMENT OVERSIGHT, INC. (Weismann, Anne) (Entered: 11/04/2022)
2022-11-07Case Assigned to Judge Dabney L. Friedrich. (zcb) (Entered: 11/07/2022)
2022-11-073SUMMONS (3) Issued Electronically as to U.S. OFFICE OF SPECIAL COUNSEL, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(zcb) (Entered: 11/07/2022)
2022-11-164STANDARD ORDER for civil cases. See text for details. Signed by Judge Dabney L. Friedrich on November 16, 2022. (lcdlf1) (Entered: 11/16/2022)
2022-11-295RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 11/18/2022. Answer due for ALL FEDERAL DEFENDANTS by 12/18/2022. (Weismann, Anne) (Entered: 11/29/2022)
2022-11-296RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 11/18/22. (Weismann, Anne) (Entered: 11/29/2022)
2022-12-147NOTICE of Appearance by Dedra Seibel Curteman on behalf of All Defendants (Curteman, Dedra) (Entered: 12/14/2022)
2022-12-148Consent MOTION for Extension of Time to File Answer re 1 Complaint, by U.S. OFFICE OF SPECIAL COUNSEL. (Attachments: # 1 Text of Proposed Order)(Curteman, Dedra) (Entered: 12/14/2022)
2022-12-14MINUTE ORDER granting the defendant's 8 Consent Motion for Extension of Time to Respond. The defendants shall answer, move to dismiss, or otherwise respond to the plaintiff's complaint on or before January 18, 2023. So Ordered by Judge Dabney L. Friedrich on December 14, 2022. (lcdlf1) (Entered: 12/14/2022)
2022-12-239RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. OFFICE OF SPECIAL COUNSEL served on 12/13/2022 (Weismann, Anne) (Entered: 12/23/2022)
2023-01-1810ANSWER to Complaint by U.S. OFFICE OF SPECIAL COUNSEL.(Curteman, Dedra) (Entered: 01/18/2023)
2023-01-18MINUTE ORDER requiring the parties to MEET AND CONFER and file a joint status report proposing a schedule for further proceedings. The status report should address the status of the plaintiff's FOIA request, including the anticipated number of documents responsive to the request and the anticipated date(s) for release of the requested documents. The parties shall file the joint status report on or before February 1, 2023. Signed by Judge Dabney L. Friedrich on January 18, 2023. (lcdlf1) (Entered: 01/18/2023)
2023-02-0111PROPOSED BRIEFING SCHEDULE by U.S. OFFICE OF SPECIAL COUNSEL. (Attachments: # 1 Text of Proposed Order)(Curteman, Dedra) (Entered: 02/01/2023)
2023-02-01MINUTE ORDER. Upon consideration of the parties' 11 Joint Proposal for Scheduling, it is ORDERED that the defendant shall file any motion for summary judgment on or before April 19, 2023; the plaintiff shall file any opposition and cross-motion for summary judgment on or before May 3, 2023; the defendant shall file any opposition and reply on or before May 24, 2023; and the plaintiff shall file any reply on or before June 7, 2023. So Ordered by Judge Dabney L. Friedrich on February 1, 2023. (lcdlf1) (Entered: 02/01/2023)
2023-04-1812Unopposed MOTION for Extension of Time to File Motion for Summary Judgment by U.S. OFFICE OF SPECIAL COUNSEL. (Attachments: # 1 Text of Proposed Order)(Curteman, Dedra) (Entered: 04/18/2023)
2023-04-19MINUTE ORDER granting the defendant's 12 Unopposed Motion for Extension of Time. The defendant shall file any motion for summary judgment on or before May 1, 2023; the plaintiff shall file any opposition and cross-motion for summary judgment on or before May 15, 2023; the defendant shall file any opposition and reply on or before June 5, 2023; and the plaintiff shall file any reply on or before June 19, 2023. So Ordered by Judge Dabney L. Friedrich on April 19, 2023. (lcdlf1) (Entered: 04/19/2023)
2023-05-0113MOTION for Summary Judgment by U.S. OFFICE OF SPECIAL COUNSEL. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Declaration, # 9 Declaration, # 10 Statement of Facts, # 11 Text of Proposed Order)(Curteman, Dedra) (Entered: 05/01/2023)
2023-05-1514Memorandum in opposition to re 13 Motion for Summary Judgment, filed by PROJECT ON GOVERNMENT OVERSIGHT, INC.. (Attachments: # 1 Exhibit A, # 2 Statement of Facts, # 3 Text of Proposed Order)(Weismann, Anne) (Entered: 05/15/2023)
2023-05-1515Cross MOTION for Summary Judgment by PROJECT ON GOVERNMENT OVERSIGHT, INC.. (Attachments: # 1 Memorandum in Support, # 2 Exhibit A, # 3 Statement of Facts, # 4 Text of Proposed Order)(Weismann, Anne) (Entered: 05/15/2023)
2023-06-0516REPLY to opposition to motion re 13 MOTION for Summary Judgment filed by U.S. OFFICE OF SPECIAL COUNSEL. (Attachments: # 1 Declaration Corrected, # 2 Statement of Facts Response to Plaintiff's)(Curteman, Dedra) (Entered: 06/05/2023)
2023-06-0517Memorandum in opposition to re 15 Motion for Summary Judgment filed by U.S. OFFICE OF SPECIAL COUNSEL. (Attachments: # 1 Declaration Corrected, # 2 Statement of Facts Response to Plaintiff's)(Curteman, Dedra) (Entered: 06/05/2023)
2023-06-1918REPLY to opposition to motion re 15 Cross MOTION for Summary Judgment filed by PROJECT ON GOVERNMENT OVERSIGHT, INC.. (Weismann, Anne) (Entered: 06/19/2023)
2024-02-12MINUTE ORDER. On or before February 20, 2024 , the defendant shall submit an affidavit or declaration clarifying: (1) whether Subject 1, Subject 2, or Subject 3 is one of the thirteen senior Trump Administration officials listed in the Office of Special Counsel's November 9, 2021 Investigation of Political Activities by Senior Trump Administration Officials During the 2020 Presidential Election ; and if so, (2) whether any of the letters sent to Subjects 1 through 3 that remain at issue in this litigation arise out of or relate to the conduct discussed in the Office's report. Cf. Citizens for Responsibility & Ethics in Wash. v. U.S. Dept of Justice , 854 F.3d 675, 861-63 (D.C. Cir. 2017). If the Office answers "yes" to either question, the Court will solicit targeted supplemental briefing from both sides as to the applicability of FOIA's Exception 7(C) to the relevant letters. So Ordered by Judge Dabney L. Friedrich on February 12, 2024. (lcdlf1) (Entered: 02/12/2024)
2024-02-12Set/Reset Deadlines: Affidavit of Declaration due by 2/20/2024. (zjch, ) (Entered: 02/13/2024)
2024-02-2019NOTICE of Filing Millsaps Second Supplemental Declaration by U.S. OFFICE OF SPECIAL COUNSEL (Attachments: # 1 Millsaps Second Supplemental Declaration)(Curteman, Dedra) (Entered: 02/20/2024)
2024-02-2020ERRATA by U.S. OFFICE OF SPECIAL COUNSEL re 19 Notice (Other). (Attachments: # 1 Millsaps Second Supplemental Declaration)(Curteman, Dedra) (Entered: 02/20/2024)
2024-03-1921ORDER granting the defendant's 13 Motion for Summary Judgment and denying the plaintiff's 15 Cross-Motion for Summary Judgment. See text for details. The Clerk of Court is directed to close this case. Signed by Judge Dabney L. Friedrich on March 19, 2024. (lcdlf1) (Entered: 03/19/2024)
2024-03-1922MEMORANDUM OPINION regarding the defendant's 13 Motion for Summary Judgment and the plaintiff's 15 Cross-Motion for Summary Judgment. See text for details. Signed by Judge Dabney L. Friedrich on March 19, 2024. (lcdlf1) (Entered: 03/19/2024)
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