Skip to content

Case Detail

[Subscribe to updates]
Case TitleWASHINGTON LAWYERS' COMMITTEE FOR CIVIL RIGHTS AND URBAN AFFAIRS v. UNITED STATES DEPARTMENT OF JUSTICE
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2023cv01328
Date Filed2023-05-10
Date Closed2024-04-22
JudgeJudge Beryl A. Howell
PlaintiffWASHINGTON LAWYERS' COMMITTEE FOR CIVIL RIGHTS AND URBAN AFFAIRS
Case DescriptionWashington Lawyers' Committee for Civil Rights and Urban Affairs submitted 55 FOIA requests to the Bureau of Prisons over a period of 13 years without ever receiving a full response or notice of appeals rights. WLC finally filed suit alleging a policy and practice claim against the agency.
Complaint issues: Litigation - Attorney's fees, Adequacy - Search, Failure to respond within statutory time limit, Litigation - Vaughn index

DefendantUNITED STATES DEPARTMENT OF JUSTICE
AppealD.C. Circuit 24-5127
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Opinion/Order [23]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2023-05-101COMPLAINT against UNITED STATES DEPARTMENT OF JUSTICE ( Filing fee $ 402 receipt number ADCDC-10059563) filed by WASHINGTON LAWYERS' COMMITTEE FOR CIVIL RIGHTS AND URBAN AFFAIRS. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Civil Cover Sheet, # 4 Summons on U.S. Attorney General, # 5 Summons on U.S. Attorney for D.C.)(Metz, Kevin) (Entered: 05/10/2023)
2023-05-102LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by WASHINGTON LAWYERS' COMMITTEE FOR CIVIL RIGHTS AND URBAN AFFAIRS (Metz, Kevin) (Entered: 05/10/2023)
2023-05-10Case Assigned to Judge Beryl A. Howell. (zsl) (Entered: 05/10/2023)
2023-05-103SUMMONS (2) Issued Electronically as to U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(zsl) (Entered: 05/10/2023)
2023-05-114STANDING ORDER. Signed by Judge Beryl A. Howell on May 11, 2023. (lcbah3) (Entered: 05/11/2023)
2023-05-125NOTICE of Appearance by Jacqueline Kutnik-Bauder on behalf of WASHINGTON LAWYERS' COMMITTEE FOR CIVIL RIGHTS AND URBAN AFFAIRS (Kutnik-Bauder, Jacqueline) (Entered: 05/12/2023)
2023-05-196RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 5/12/2023. Answer due for ALL FEDERAL DEFENDANTS by 6/11/2023. (Metz, Kevin) (Entered: 05/19/2023)
2023-05-197RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 5/19/23. (Metz, Kevin) (Entered: 05/19/2023)
2023-05-238MOTION for Leave to Appear Pro Hac Vice :Attorney Name- James D. Friedland, Filing fee $ 100, receipt number ADCDC-10086895. Fee Status: Fee Paid. by WASHINGTON LAWYERS' COMMITTEE FOR CIVIL RIGHTS AND URBAN AFFAIRS. (Attachments: # 1 Exhibit A, # 2 Text of Proposed Order)(Metz, Kevin) (Entered: 05/23/2023)
2023-05-23MINUTE ORDER (paperless) GRANTING plaintiff's 8 Motion for Admission Pro Hac Vice of James D. Friedland. Mr. Friedland may enter an appearance pro hac vice for the purpose of representing plaintiff in this action. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). Click for instructions . Signed by Judge Beryl A. Howell on May 23, 2023. (lcbah3) (Entered: 05/23/2023)
2023-05-249NOTICE of Appearance by James D. Friedland on behalf of WASHINGTON LAWYERS' COMMITTEE FOR CIVIL RIGHTS AND URBAN AFFAIRS (Friedland, James) (Entered: 05/24/2023)
2023-06-0110NOTICE of Appearance by Margaret Hart on behalf of WASHINGTON LAWYERS' COMMITTEE FOR CIVIL RIGHTS AND URBAN AFFAIRS (Hart, Margaret) (Entered: 06/01/2023)
2023-06-02RESOLVED...NOTICE of Provisional/Government Not Certified Status re 10 NOTICE of Appearance by Margaret Hart on behalf of WASHINGTON LAWYERS' COMMITTEE FOR CIVIL RIGHTS AND URBAN AFFAIRS (Hart, Margaret). 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 6/9/2023. (zbaj) Modified on 6/14/2023 (zbaj). (Entered: 06/02/2023)
2023-06-0811NOTICE of Appearance by Stephen DeGenaro on behalf of UNITED STATES DEPARTMENT OF JUSTICE (DeGenaro, Stephen) (Entered: 06/08/2023)
2023-06-0812Consent MOTION for Extension of Time to Respond to the Complaint by UNITED STATES DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order)(DeGenaro, Stephen) (Entered: 06/08/2023)
2023-06-08MINUTE ORDER (paperless) GRANTING defendant's 12 Consent Motion for Extension of Time to Respond, and DIRECTING defendant to respond to plaintiff's 1 Complaint by July 12, 2023. Signed by Judge Beryl A. Howell on June 8, 2023. (lcbah3) (Entered: 06/08/2023)
2023-06-09Set/Reset Deadlines: Answer to the Complaint due by 7/12/2023. (ztg) (Entered: 06/09/2023)
2023-07-0713Consent MOTION for Extension of Time to Respond to the Complaint by UNITED STATES DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order)(DeGenaro, Stephen) (Entered: 07/07/2023)
2023-07-10MINUTE ORDER (paperless) GRANTING defendant's 13 Second Consent Motion for Extension of Time to Respond, and DIRECTING defendant to respond to plaintiff's 1 Complaint by August 11, 2023. Signed by Judge Beryl A. Howell on July 10, 2023. (lcbah3) (Entered: 07/10/2023)
2023-07-11Set/Reset Deadlines: Answer to the Complaint due by 8/11/2023. (ztg) (Entered: 07/11/2023)
2023-08-1114Partial MOTION to Dismiss or, in the alternative , Partial MOTION for Summary Judgment by UNITED STATES DEPARTMENT OF JUSTICE. (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Baime Declaration, # 4 Lilly Declaration, # 5 Text of Proposed Order)(DeGenaro, Stephen) (Entered: 08/11/2023)
2023-08-1815Joint MOTION for Extension of Time to File Response/Reply as to 14 Partial MOTION to Dismiss or, in the alternative Partial MOTION for Summary Judgment by WASHINGTON LAWYERS' COMMITTEE FOR CIVIL RIGHTS AND URBAN AFFAIRS. (Attachments: # 1 Text of Proposed Order)(Metz, Kevin) (Entered: 08/18/2023)
2023-08-21MINUTE ORDER (paperless) GRANTING plaintiff's 15 Joint Motion for Extension of Time to File Response and Reply and DIRECTING the parties to adhere to the following SCHEDULING ORDER: (1) by September 29, 2023, the plaintiff shall file any response to the defendants 14 Partial Motion to Dismiss or, in the alternative , for Partial Summary Judgment, and (2) by October 30, 2023, the defendant shall file any reply. Signed by Judge Beryl A. Howell on August 21, 2023. (lcbah2) (Entered: 08/21/2023)
2023-08-22Set/Reset Deadlines: Plaintiff To The Defendant's 14 Partial Motion to Dismiss, in the alternative, for Partial Summary Judgment due by 9/29/2023. Defendant Reply due by 10/30/2023. (mac) (Entered: 08/22/2023)
2023-09-0516NOTICE OF WITHDRAWAL OF APPEARANCE as to WASHINGTON LAWYERS' COMMITTEE FOR CIVIL RIGHTS AND URBAN AFFAIRS. Attorney Jacqueline Kutnik-Bauder terminated. (Kutnik-Bauder, Jacqueline) (Entered: 09/05/2023)
2023-09-2917Memorandum in opposition to re 14 Motion to Dismiss,, Motion for Summary Judgment, filed by WASHINGTON LAWYERS' COMMITTEE FOR CIVIL RIGHTS AND URBAN AFFAIRS. (Attachments: # 1 Response to Statement of Facts, # 2 Declaration of Margaret Hart, # 3 Text of Proposed Order)(Metz, Kevin) (Entered: 09/29/2023)
2023-10-2418MEET AND CONFER STATEMENT. (DeGenaro, Stephen) (Entered: 10/24/2023)
2023-10-26MINUTE ORDER (paperless), upon consideration of the parties' 18 Joint Status Report, DIRECTING the parties to file, by January 19, 2024, another joint status report advising the Court of the status of this matter and proposing a schedule to govern further proceedings. Signed by Judge Beryl A. Howell on October 26, 2023. (lcbah2) (Entered: 10/26/2023)
2023-10-27Set/Reset Deadlines: Parties Joint Status Report due by 1/19/2024 (mac) (Entered: 10/27/2023)
2023-10-3019REPLY to opposition to motion re 14 Partial MOTION to Dismiss or, in the alternative Partial MOTION for Summary Judgment filed by UNITED STATES DEPARTMENT OF JUSTICE. (Attachments: # 1 Response to Plaintiff's Further Statement of Material Facts)(DeGenaro, Stephen) (Entered: 10/30/2023)
2023-12-2920NOTICE OF WITHDRAWAL OF APPEARANCE as to WASHINGTON LAWYERS' COMMITTEE FOR CIVIL RIGHTS AND URBAN AFFAIRS. Attorney Kevin H. Metz terminated. (Metz, Kevin) (Entered: 12/29/2023)
2024-01-1921Joint STATUS REPORT by WASHINGTON LAWYERS' COMMITTEE FOR CIVIL RIGHTS AND URBAN AFFAIRS. (Friedland, James) (Entered: 01/19/2024)
2024-03-1022ORDER GRANTING the defendant's 14 Partial Motion to Dismiss or, in the Alternative, For Partial Summary Judgment. See Order for further details. Signed by Judge Beryl A. Howell on March 10, 2024. (lcbah2) (Entered: 03/10/2024)
2024-03-1023MEMORANDUM OPINION regarding the defendant's 14 Partial Motion to Dismiss or, in the Alternative, For Partial Summary Judgment. Signed by Judge Beryl A. Howell on March 10, 2024. (lcbah2) (Entered: 03/10/2024)
2024-03-11Set/Reset Deadlines: Parties Joint Status Report due by 3/22/2024. (mac) (Entered: 03/11/2024)
2024-03-1224CLERK'S JUDGMENT in favor of Defendant against Plaintiff.Signed by Judge Beryl A. Howell on 03/12/24. (mac) (Entered: 03/12/2024)
2024-03-2225Joint STATUS REPORT AND EXTENSION REQUEST by WASHINGTON LAWYERS' COMMITTEE FOR CIVIL RIGHTS AND URBAN AFFAIRS. (Attachments: # 1 Text of Proposed Order)(Friedland, James) (Entered: 03/22/2024)
2024-03-2226STIPULATION of Dismissal by WASHINGTON LAWYERS' COMMITTEE FOR CIVIL RIGHTS AND URBAN AFFAIRS. (Friedland, James) (Entered: 03/22/2024)
2024-03-2227MOTION for Extension of Time by WASHINGTON LAWYERS' COMMITTEE FOR CIVIL RIGHTS AND URBAN AFFAIRS. (See docket entry 25 to view document). (mg) (Entered: 03/25/2024)
2024-03-25MINUTE ORDER (paperless) GRANTING the parties' 27 Motion for Extension of Time for the plaintiff's severed claims to be filed as separate actions or otherwise be dismissed; DIRECTING the plaintiff to file its severed individual claims in appropriate separate actions by April 19, 2024, otherwise those claims will be dismissed; DIRECTING the parties to file a joint status report by April 10, 2024, regarding the results of their negotiations; and STAYING the defendant's obligation to respond to plaintiff's 1 Complaint. Signed by Judge Beryl A. Howell on March 25, 2024. (lcbah2) (Entered: 03/25/2024)
2024-03-25MINUTE ORDER (paperless) DISMISSING plaintiff's claim as to FOIA Request Number 2020-02603, with prejudice, pursuant to the parties' 26 Stipulation of Dismissal and Federal Rule of Civil Procedure 41(a)(1)(A)(ii). Signed by Judge Beryl A. Howell on March 25, 2024. (lcbah2) (Entered: 03/25/2024)
2024-03-26Set/Reset Deadlines: Parties Joint Status Report due by 4/10/2024 (mac) (Entered: 03/26/2024)
2024-04-1028Joint STATUS REPORT by WASHINGTON LAWYERS' COMMITTEE FOR CIVIL RIGHTS AND URBAN AFFAIRS. (Friedland, James) (Entered: 04/10/2024)
2024-04-1029NOTICE of Appearance by Kristin Leigh McGough on behalf of WASHINGTON LAWYERS' COMMITTEE FOR CIVIL RIGHTS AND URBAN AFFAIRS (McGough, Kristin) (Entered: 04/10/2024)
2024-04-12MINUTE ORDER (paperless) DIRECTING plaintiff to SHOW CAUSE, by April 16, 2024, why this matter should not be dismissed, given the parties' 28 Joint Status Report advising that plaintiff "does not intend to re-file the Severed FOIA Claims at this time," JSR at 2, notwithstanding this Court's March 25, 2024, Minute Order directing "plaintiff to file its severed individual claims in appropriate separate actions by April 19, 2024, otherwise those claims will be dismissed," and considering that this Court previously dismissed all other claims in Count I and granted summary judgment in defendant's favor on Count II, see Order at 1, ECF No. 22; Min. Order (Mar. 25, 2024); see also JSR at 1-2. Signed by Judge Beryl A. Howell on April 12, 2024. (lcbah4) (Entered: 04/12/2024)
2024-04-1630RESPONSE to MINUTE ORDER (paperless) DIRECTING plaintiff to SHOW CAUSE filed by WASHINGTON LAWYERS' COMMITTEE FOR CIVIL RIGHTS AND URBAN AFFAIRS. (Friedland, James) (Entered: 04/16/2024)
2024-04-17Set/Reset Deadlines: Plaintiff Show Cause due by 4/16/2024. (mac) (Entered: 04/17/2024)
2024-04-18MINUTE ORDER (paperless), upon consideration of plaintiff's 30 Response to Order to Show Cause ("Pl.'s Resp."); see Min. Order (Apr. 12, 2024) (directing plaintiff to "show cause... why this matter should not be dismissed" (capitalization omitted)), in which plaintiff states its "understand[ing] that the remaining FOIA claims comprising Count I will be dismissed" and "that the disposition of Count I as indicated above will leave no active claims in this matter and that it will be closed," Pl.'s Resp. at 1-2, DISMISSING all remaining individual claims in Count I of the Complaint. The Clerk of the Court is directed to close this case. Signed by Judge Beryl A. Howell on April 18, 2024. (lcbah4) (Entered: 04/18/2024)
2024-05-0831NOTICE OF APPEAL TO DC CIRCUIT COURT as to 22 Order on Motion to Dismiss, Order on Motion for Summary Judgment, 24 Clerk's Judgment, 23 Memorandum & Opinion by WASHINGTON LAWYERS' COMMITTEE FOR CIVIL RIGHTS AND URBAN AFFAIRS. Filing fee $ 605, receipt number ADCDC-10883385. Fee Status: Fee Paid. Parties have been notified. (Friedland, James) (Entered: 05/08/2024)
2024-05-0932Transmission of the Notice of Appeal, Order Appealed (Memorandum Opinion), and Docket Sheet to US Court of Appeals. The Court of Appeals fee was paid re 31 Notice of Appeal to DC Circuit Court. (mg) (Entered: 05/09/2024)
2024-05-13USCA Case Number 24-5127 for 31 Notice of Appeal to DC Circuit Court, filed by WASHINGTON LAWYERS' COMMITTEE FOR CIVIL RIGHTS AND URBAN AFFAIRS. (znmw) (Entered: 05/14/2024)
2024-05-2233NOTICE // Certificate Regarding Transcript by WASHINGTON LAWYERS' COMMITTEE FOR CIVIL RIGHTS AND URBAN AFFAIRS (Friedland, James) (Entered: 05/22/2024)
Hide Docket Events
by FOIA Project Staff
Skip to toolbar