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Case TitleKNIGHT, LLP v. NATIONAL RAILROAD PASSENGER CORPORATION (AMTRAK)
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2023cv00361
Date Filed2023-02-08
Date ClosedOpen
JudgeJudge Amit P. Mehta
PlaintiffHOLLAND & KNIGHT LLP.
Case DescriptionThe law firm of Holland & Knight submitted a FOIA request to Amtrak for records concerning the March 22, 2022 Amtrak Board of Directors resolution entitled Board of Directors Resolution Authorizing the Acquisition of Certain Leasehold interests in Washington Union Station. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Holland & Knight filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantNATIONAL RAILROAD PASSENGER CORPORATION (AMTRAK)
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2023-02-081COMPLAINT against NATIONAL RAILROAD PASSENGER CORPORATION (AMTRAK) ( Filing fee $ 402 receipt number ADCDC-9848520) filed by HOLLAND & KNIGHT LLP. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit, # 3 Exhibit, # 4 Summons)(Kiernan, Paul) (Entered: 02/08/2023)
2023-02-09Case Assigned to Judge Amit P. Mehta. (zcb) (Entered: 02/09/2023)
2023-02-092SUMMONS (1) Issued Electronically as to NATIONAL RAILROAD PASSENGER CORPORATION (AMTRAK). (Attachments: # 1 Notice and Consent)(zcb) (Entered: 02/09/2023)
2023-02-213RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. NATIONAL RAILROAD PASSENGER CORPORATION (AMTRAK) served on 2/14/2023, answer due 3/7/2023 (Kiernan, Paul) (Entered: 02/21/2023)
2023-03-064MOTION to Consolidate Cases and Stay or, in the Alternative, for an MOTION for Extension of Time to Answer the Complaint by NATIONAL RAILROAD PASSENGER CORPORATION (AMTRAK). (Attachments: # 1 Memorandum in Support, # 2 Declaration of Lindsay C. Harrison, # 3 Exhibit A, # 4 Exhibit B, # 5 Exhibit C)(Harrison, Lindsay). Added MOTION for Extension of Time to on 3/10/2023 (zed). Added MOTION to Stay on 3/13/2023 (znmw). (Entered: 03/06/2023)
2023-03-215RESPONSE re 4 MOTION to Consolidate Cases and Stay or, in the Alternative, for an Extension of Time to Answer the Complaint MOTION for Extension of Time to MOTION to Stay filed by HOLLAND & KNIGHT LLP.. (Kiernan, Paul) (Entered: 03/21/2023)
2023-03-236Unopposed MOTION for Extension of Time to File Response/Reply as to 4 MOTION to Consolidate Cases and Stay or, in the Alternative, for an Extension of Time to Answer the Complaint MOTION for Extension of Time to MOTION to Stay by NATIONAL RAILROAD PASSENGER CORPORATION (AMTRAK). (Attachments: # 1 Proposed Order)(Harrison, Lindsay) (Entered: 03/23/2023)
2023-03-24MINUTE ORDER granting Amtrak's 6 Unopposed Motion for Extension of Time to File Reply in Support of 4 Motion to Consolidate and Stay or, in the Alternative, for an Extension of Time to Answer the Complaint. Amtrak's Reply brief shall now be due on or before April 5, 2023. Signed by Judge Amit P. Mehta on 3/24/2023. (lcapm2) (Entered: 03/24/2023)
2023-04-067REPLY to opposition to motion re 4 MOTION to Consolidate Cases and Stay or, in the Alternative, for an Extension of Time to Answer the Complaint MOTION for Extension of Time to MOTION to Stay filed by NATIONAL RAILROAD PASSENGER CORPORATION (AMTRAK). (Harrison, Lindsay) (Entered: 04/06/2023)
2023-04-198NOTICE of Appearance by Patricia M. Lambert on behalf of NATIONAL RAILROAD PASSENGER CORPORATION (AMTRAK) (Lambert, Patricia) (Entered: 04/19/2023)
2023-04-199NOTICE of Appearance by Kambon R. Williams on behalf of NATIONAL RAILROAD PASSENGER CORPORATION (AMTRAK) (Williams, Kambon) (Entered: 04/19/2023)
2023-04-20RESOLVED...NOTICE of Provisional/Government Not Certified Status re 9 NOTICE of Appearance by Kambon R. Williams on behalf of NATIONAL RAILROAD PASSENGER CORPORATION (AMTRAK) (Williams, Kambon). Your attorney renewal/government certification has not been received. As a result, your membership with the U.S. District & Bankruptcy Courts for the District of Columbia is not in good standing, and you are not permitted to file. Pursuant to Local Civil Rule 83.9, you must immediately correct your membership status by following the appropriate instructions on this page of our website: https://www.dcd.uscourts.gov/attorney-renewal. Please be advised that the presiding judge in this case has been notified that you are currently not in good standing to file in this court. Renewal Due by 4/27/2023. (zbaj) Modified on 4/26/2023 (zbaj). (Entered: 04/20/2023)
2023-05-0310ORDER TO SHOW CAUSE. Plaintiff shall show cause on or before May 15, 2023, why the FOIA request is not duplicative of the documents sought in discovery in National Railroad Passenger Corporation v. Sublease Interest Obtained Pursuant to an Assignment and Assumption of Leasehold Interest Made as of January 25, 2007, No. 22-cv-1043 (APM). Please see attached Order for additional details. Signed by Judge Amit P. Mehta on 5/3/2023. (lcapm2) (Entered: 05/03/2023)
2023-05-1511RESPONSE TO ORDER TO SHOW CAUSE re 10 Order, filed by HOLLAND & KNIGHT LLP.. (Kiernan, Paul) (Entered: 05/15/2023)
2023-05-1912MOTION for Leave to File a Response to Plaintiff's Show Cause Briefing and Proposed Response by NATIONAL RAILROAD PASSENGER CORPORATION (AMTRAK). (Harrison, Lindsay) (Entered: 05/19/2023)
2023-05-22MINUTE ORDER granting Defendant's 12 Motion for Leave to File a Response to Plaintiff's Show Cause Briefing. Signed by Judge Amit P. Mehta on 5/22/2023. (lcapm2) (Entered: 05/22/2023)
2024-03-19Case Stayed. (hmc) (Entered: 03/19/2024)
2024-04-01ENTERED IN ERROR.....Case Unstayed. (zalh) Modified on 4/8/2024; Case unstayed in error. (zjd) (Entered: 04/01/2024)
2024-05-10MINUTE ORDER. The parties shall file a Joint Status Report by May 17, 2024, which advises whether Plaintiff will pursue its FOIA demands in light of discovery already received and expected in Amtrak v. Sublease Interest Obtained Pursuant to an Assignment and Assumption of Leasehold Interest Made as of January 25, 2007, 22-cv-1043 (APM). Signed by Judge Amit P. Mehta on 5/10/24. (lcapm2) (Entered: 05/10/2024)
2024-05-10Set/Reset Deadlines: Joint Status Report due by 5/17/2024. (znbn) (Entered: 05/10/2024)
2024-05-1713Joint STATUS REPORT by HOLLAND & KNIGHT LLP.. (Kiernan, Paul) (Entered: 05/17/2024)
2024-05-20MINUTE ORDER denying Amtrak's 4 Motion to Consolidate and Stay or, in the Alternative, for an Extension of Time to Answer the Complaint. Consolidation under Rule 42(a) is denied as the condemnation case and this FOIA matter do not "involve a common question of law or fact," nor would consolidation advance judicial efficiency or economy. See Blasko v. Wash. Metro. Transit Auth., 243 F.R.D. 13, 15 (D.D.C. 2013) (setting forth Rule 42(a) standard). Although the matters overlap insofar as they involve common records and parties, they arise from different statutes and are in different procedural postures. To the extent the FOIA demand seeks records duplicative of those produced in the condemnation matter, the court can address that concern without consolidation. Accordingly, consolidation is denied, and Amtrak shall answer the complaint within 14 days. Signed by Judge Amit P. Mehta on 5/20/24. (lcapm2) (Entered: 05/20/2024)
2024-06-0314ANSWER to Complaint by NATIONAL RAILROAD PASSENGER CORPORATION (AMTRAK).(Harrison, Lindsay) (Entered: 06/03/2024)
2024-06-0415ORDER. 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 June 18, 2024. 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. See the attached Order for additional details. Signed by Judge Amit P. Mehta on 6/4/24. (lcapm2) (Entered: 06/04/2024)
2024-06-04Set/Reset Deadlines: Joint Status Report from the parties due by 6/18/2024. (zakb) (Entered: 06/04/2024)
2024-06-1816Joint STATUS REPORT by NATIONAL RAILROAD PASSENGER CORPORATION (AMTRAK). (Harrison, Lindsay) (Entered: 06/18/2024)
2024-06-20MINUTE ORDER. The parties shall file an additional Joint Status Report by August 19, 2024, which updates the court on the processing and production of responsive records. Signed by Judge Amit P. Mehta on 6/20/24. (lcapm2) (Entered: 06/20/2024)
2024-06-20Set/Reset Deadlines: Joint Status Report from the parties due by 8/19/2024. (zakb) (Entered: 06/20/2024)
2024-08-1917Joint STATUS REPORT by HOLLAND & KNIGHT LLP.. (Kiernan, Paul) (Entered: 08/19/2024)
2024-08-20MINUTE ORDER. The parties shall file an additional Joint Status Report by October 18, 2024, which updates the court on the processing and production of responsive records. Signed by Judge Amit P. Mehta on 08/20/2024. (lcapm1) (Entered: 08/20/2024)
2024-08-22Set/Reset Deadlines: Joint Status Report due by 10/18/2024 (zakb) (Entered: 08/22/2024)
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