Case Detail

FOIA Project Annotation: Judge Rosemary Collyer has ruled that the Treasury Department conducted an adequate search for email communications to or from the Office of Foreign Assets Control, the Committee on Foreign Investment, and the Office of the Secretary, and former Secretary of State Hillary Clinton's private email account. The agency explained that only senior officials in those offices would have communicated with Clinton so it limited its search to those individuals. The search found no records. Judicial Watch complained that the agency should have conducted a global search. Rejecting the claim, Collyer noted that "the operative question is not whether a global search of all employees is technically possible, but whether Treasury's searches were 'reasonably calculated to uncover all relevant documents.' Treasury has proffered, through its supporting affidavits, that senior agency officials were 'the only people in each office who could reasonably have communicated with Ms. Clinton or one of her senior aides, while Ms. Clinton was serving as Secretary of State.' Treasury asserts that, because of this fact, only a search of those officials' emails would be reasonably likely to uncover any relevant records." She pointed out that "Judicial Watch has given the Court no reason to doubt Treasury's commonsensical explanation. While it may be the case that Treasury could perform a global search of all its employees' emails, there is no indication that such a search of non-senior employees would be reasonably calculated to uncover relevant documents."
Issues: Adequacy - Search

Date Filed	Doc #	Docket Text
2015-10-21	1	COMPLAINT against U.S. DEPARTMENT OF THE TREASURY ( Filing fee $ 400 receipt number 0090-4286528) filed by JUDICIAL WATCH, INC.. (Attachments: # 1 Civil Cover Sheet, # 2 Summons Treasury, # 3 Summons U.S. Attorney, # 4 Summons U.S. Attorney General)(Peterson, James) (Entered: 10/21/2015)
2015-10-21	2	LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by JUDICIAL WATCH, INC. (Peterson, James) (Entered: 10/21/2015)
2015-10-21		Case Assigned to Judge Rosemary M. Collyer. (md) (Entered: 10/22/2015)
2015-10-22	3	SUMMONS (3) Issued Electronically as to U.S. DEPARTMENT OF THE TREASURY, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Consent Forms.pdf)(zrdj) (Entered: 10/22/2015)
2015-11-02	4	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 11/2/2015. ( Answer due for ALL FEDERAL DEFENDANTS by 12/2/2015.), RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 11/2/2015., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF THE TREASURY served on 10/30/2015 (Attachments: # 1 Declaration of C. Rotaru)(Peterson, James) (Entered: 11/02/2015)
2015-12-02	5	ANSWER to Complaint by U.S. DEPARTMENT OF THE TREASURY. (Attachments: # 1 Exhibit A)(Heaps, Bailey) (Entered: 12/02/2015)
2015-12-02		MINUTE ORDER. The parties shall meet, confer, and file by January 8, 2016 a proposed briefing schedule for this case. Signed by Judge Rosemary M. Collyer on 12/2/2015. (lcrmc3) (Entered: 12/02/2015)
2015-12-02		Set/Reset Deadlines/Hearings: Proposed Briefing Schedule due by 1/8/2016. (cdw) (Entered: 12/03/2015)
2016-01-08	6	PROPOSED BRIEFING SCHEDULE On Behalf of Both Parties by U.S. DEPARTMENT OF THE TREASURY. (Heaps, Bailey) (Entered: 01/08/2016)
2016-01-11		MINUTE ORDER adopting 6 Proposed Schedule. Defendant shall provide a search declaration by January 29, 2016. Plaintiff shall decide whether to proceed by February 5, 2016. If necessary, Defendant's motion for summary judgment is due March 4, 2016. Plaintiff's opposition and cross-motion, if any, is due April 1, 2016. Defendant's reply and opposition to cross-motion are due April 15, 2016. Plaintiffs reply in support of cross-motion is due April 29, 2016. Signed by Judge Rosemary M. Collyer on 1/11/2016. (lcrmc3, ) (Entered: 01/11/2016)
2016-01-11		Set/Reset Deadlines/Hearings: Defendant's Summary Judgment motion due by 3/4/2016. Response to Motion for Summary Judgment due by 4/1/2016. Reply to Motion for Summary Judgment due by 4/15/2016. Plaintiff's Cross Motion due by 4/1/2016. Response to Cross Motion due by 4/15/2016. Reply to Cross Motion due by 4/29/2016. (cdw) (Entered: 01/12/2016)
2016-03-04	7	MOTION for Summary Judgment by U.S. DEPARTMENT OF THE TREASURY (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts Statement of Undisputed Material Facts, # 3 Exhibit Declaration of Ryan Law, # 4 Exhibit, # 5 Exhibit)(Heaps, Bailey) (Entered: 03/04/2016)
2016-04-01	8	MOTION for Discovery Under Rule 56(d) by JUDICIAL WATCH, INC. (Attachments: # 1 Declaration, # 2 Text of Proposed Order)(Peterson, James) (Entered: 04/01/2016)
2016-04-15	9	Memorandum in opposition to re 8 MOTION for Discovery Under Rule 56(d) filed by U.S. DEPARTMENT OF THE TREASURY. (Attachments: # 1 Text of Proposed Order)(Heaps, Bailey) (Entered: 04/15/2016)
2016-04-25	10	REPLY to opposition to motion re 8 MOTION for Discovery Under Rule 56(d) filed by JUDICIAL WATCH, INC.. (Peterson, James) (Entered: 04/25/2016)
2016-04-29	11	ORDER denying 8 Motion for Discovery. Plaintiff shall file by May 17, 2016 any opposition to Defendant's 7 Motion for Summary Judgment. See Order for details. Signed by Judge Rosemary M. Collyer on 4/29/2016. (lcrmc3) (Entered: 04/29/2016)
2016-04-29		Set/Reset Deadlines/Hearings: Plaintiff' response to Motion for Summary Judgment due by 5/17/2016. (cdw) (Entered: 05/02/2016)
2016-05-17	12	Memorandum in opposition to re 7 MOTION for Summary Judgment (with response to statement of material facts attached) filed by JUDICIAL WATCH, INC.. (Attachments: # 1 Text of Proposed Order)(Peterson, James) (Entered: 05/17/2016)
2016-05-26	13	REPLY to opposition to motion re 7 MOTION for Summary Judgment filed by U.S. DEPARTMENT OF THE TREASURY. (Heaps, Bailey) (Entered: 05/26/2016)
2017-03-31	14	MEMORANDUM AND OPINION. Signed by Judge Rosemary M. Collyer on 3/31/2017. (lcrmc1) (Entered: 03/31/2017)
2017-03-31	15	ORDER granting 7 Motion for Summary Judgment. See Memorandum Opinion and Order for further details. This case is closed. Signed by Judge Rosemary M. Collyer on 3/31/2017. (lcrmc1) (Entered: 03/31/2017)
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