Skip to content

Case Detail

[Subscribe to updates]
Case TitleREPUBLICAN NATIONAL COMMITTEE v. DEPARTMENT OF STATE
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2016cv00461
Date Filed2016-03-09
Date Closed2017-04-05
JudgeJudge Amy Berman Jackson
PlaintiffREPUBLICAN NATIONAL COMMITTEE
Case DescriptionThe Republican National Committee submitted five FOIA requests to the Department of State for emails to or from four individuals who had been publicly linked to allegations of mishandling of classified information by former Secretary of State Hillary Clinton. The fifth request asked for any text messages sent to Clinton that reflected the conduct of public business. The agency acknowledged receipt of all five requests, but after hearing nothing further from the agency, the Republican National Committee filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantDEPARTMENT OF STATE
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
Complaint attachment 7
Complaint attachment 8
Complaint attachment 9
Complaint attachment 10
Complaint attachment 11
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2016-03-091COMPLAINT against DEPARTMENT OF STATE ( Filing fee $ 400 receipt number 0090-4440972) filed by REPUBLICAN NATIONAL COMMITTEE. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Civil Cover Sheet, # 8 Summons, # 9 Summons, # 10 Summons, # 11 Corporate Disclosure Statement)(Sierra, Laura) (Entered: 03/09/2016)
2016-03-092Corporate Disclosure Statement by REPUBLICAN NATIONAL COMMITTEE. (Sierra, Laura) (Entered: 03/09/2016)
2016-03-09Case Assigned to Judge Amy Berman Jackson. (sth) (Entered: 03/09/2016)
2016-03-093SUMMONS (3) Issued Electronically as to DEPARTMENT OF STATE, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Summons, # 2 Summons, # 3 Summons)(sth) (Entered: 03/09/2016)
2016-03-184NOTICE of Appearance by Kelley C. Barnaby on behalf of REPUBLICAN NATIONAL COMMITTEE (Barnaby, Kelley) (Entered: 03/18/2016)
2016-03-185ENTERED IN ERROR.....RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. REPUBLICAN NATIONAL COMMITTEE served on 3/9/2016 (Barnaby, Kelley) Modified on 3/21/2016 (jf). (Entered: 03/18/2016)
2016-03-186RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. DEPARTMENT OF STATE served on 3/9/2016 (Barnaby, Kelley) (Entered: 03/18/2016)
2016-03-217RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 3/9/2016. ( Answer due for ALL FEDERAL DEFENDANTS by 4/8/2016.), RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 3/9/2016. (Barnaby, Kelley) (Entered: 03/21/2016)
2016-04-088ANSWER to Complaint by DEPARTMENT OF STATE.(Sandberg, Justin) (Entered: 04/08/2016)
2016-04-119ENTERED IN ERROR.....SCHEDULING ORDER. 1) The deadline for amending pleadings is May 11, 2016. 2) Parties are limited to 25 interrogatories, 25 admissions, and 25 requests for production of documents per side. Parties are limited to 10 depositions per side. 3) Plaintiff's expert report is due by July 8, 2016. Defendants' expert report is due by August 26, 2016. 4) All discovery shall be completed by October 10, 2016. 5) A status conference is scheduled for October 11, 2016, at 10:00 am in Courtroom 3. 6) Dispositive motions are due by November 9, 2016, with oppositions due by November 29, 2016, and replies due by December 19, 2016. See Order for details. Signed by Judge Amy Berman Jackson on 4/11/2016. (lcabj2) Modified on 4/11/2016 (tb). (Entered: 04/11/2016)
2016-04-11NOTICE OF CORRECTED DOCKET ENTRY: re 9 Scheduling Order filed on 04/11/16. This order was entered in the wrong case and counsel is instructed to disregard it. (tb) (Entered: 04/11/2016)
2016-04-1210ORDER. By April 25, 2016, defendant shall inform the Court of the extent to which the FOIA request at issue in this case is duplicative of other pending requests and the status of those requests. By May 9, 2016, defendant shall file a dispositive motion or, in the alternative, a report setting forth the schedule for the completion of its production of documents to plaintiff. See Order for details. Signed by Judge Amy Berman Jackson on 4/12/2016. (lcabj2) (Entered: 04/12/2016)
2016-04-12Set/Reset Deadlines: By 4/25/2016, defendant shall inform the Court of the extent to which the FOIA request at issue in this case is duplicative of other pending requests and the status of those requests; By 5/9/2016, Defendant shall file a dispositive motion or, in the alternative, a report setting forth the schedule for the completion of its production of documents to plaintiff. (jth) (Entered: 04/12/2016)
2016-04-1511NOTICE of Appearance by David Andrew Hatchett on behalf of REPUBLICAN NATIONAL COMMITTEE (Hatchett, David) (Entered: 04/15/2016)
2016-04-1512NOTICE of Appearance by Brian D. Boone on behalf of REPUBLICAN NATIONAL COMMITTEE (Boone, Brian) (Entered: 04/15/2016)
2016-04-2513NOTICE Regarding Duplicative Requests by DEPARTMENT OF STATE re 10 Order, (Sandberg, Justin) (Entered: 04/25/2016)
2016-05-0614MOTION for Extension of Time to File a Production Schedule or Dispositive Motion by DEPARTMENT OF STATE (Attachments: # 1 Text of Proposed Order)(Sandberg, Justin) (Entered: 05/06/2016)
2016-05-0915RESPONSE re 14 MOTION for Extension of Time to File a Production Schedule or Dispositive Motion filed by REPUBLICAN NATIONAL COMMITTEE. (Sierra, Laura) (Entered: 05/09/2016)
2016-05-09MINUTE ORDER granting 14 Motion for Extension of Time to File. Upon consideration of the motion and the opposition, and the fact that the extension sought is only one week longer than what plaintiff would agree to, it is ORDERED that 14 defendant's motion is GRANTED and defendant shall have until May 23, 2016 to file a dispositive motion or, in the alternative, a report setting forth the schedule for the completion of its production of documents to plaintiff. Signed by Judge Amy Berman Jackson on 5/9/2016. (lcabj2) (Entered: 05/09/2016)
2016-05-09Set/Reset Deadlines: Defendant's dispositive motion or, in the alternative, a report setting forth the schedule for the completion of its production of documents to plaintiff is due by 5/23/2016. (jth) (Entered: 05/09/2016)
2016-05-1116NOTICE of Appearance by Edward T. Kang on behalf of REPUBLICAN NATIONAL COMMITTEE (Kang, Edward) (Main Document 16 replaced on 5/12/2016) (znmw). (Entered: 05/11/2016)
2016-05-2017Consent MOTION for Extension of Time to File Production Schedule or Summary Judgment Motion by DEPARTMENT OF STATE (Attachments: # 1 Text of Proposed Order)(Sandberg, Justin) (Entered: 05/20/2016)
2016-05-23MINUTE ORDER granting 17 Motion for Extension of Time to File. Defendant shall have until May 25, 2016 to file a dispositive motion or, in the alternative, a report setting forth the schedule for the completion of its production of documents to plaintiff. Signed by Judge Amy Berman Jackson on 5/23/2016. (lcabj2) (Entered: 05/23/2016)
2016-05-2418Consent MOTION for Extension of Time to File Production Schedule or Summ. J. Motion by DEPARTMENT OF STATE (Attachments: # 1 Text of Proposed Order)(Sandberg, Justin) (Entered: 05/24/2016)
2016-05-25MINUTE ORDER granting 18 Motion for Extension of Time to File. Defendant shall have until June 1, 2016 to file a dispositive motion or, in the alternative, a report setting forth the schedule for the completion of its production of documents to plaintiff. Signed by Judge Amy Berman Jackson on 5/25/2016. (lcabj2) (Entered: 05/25/2016)
2016-05-25Set/Reset Deadlines: Defendant's dispositive motion or, in the alternative, a report setting forth the schedule for the completion of its production of documents to Plaintiff is due by 6/1/2016. (jth) (Entered: 05/25/2016)
2016-06-0119MOTION for Summary Judgment by DEPARTMENT OF STATE (Attachments: # 1 Text of Proposed Order, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit, # 13 Exhibit, # 14 Exhibit, # 15 Exhibit, # 16 Exhibit)(Sandberg, Justin) (Entered: 06/01/2016)
2016-06-2020Cross MOTION for Summary Judgment by REPUBLICAN NATIONAL COMMITTEE (Attachments: # 1 Declaration of Edward Kang, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Text of Proposed Order)(Boone, Brian) (Entered: 06/20/2016)
2016-06-2021Memorandum in opposition to re 19 MOTION for Summary Judgment filed by REPUBLICAN NATIONAL COMMITTEE. (Attachments: # 1 Declaration of Edward Kang, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Text of Proposed Order)(Boone, Brian) (Entered: 06/20/2016)
2016-06-2222Consent MOTION for Leave to File to File Combined Opposition and Reply by July 12, 2016 by DEPARTMENT OF STATE (Attachments: # 1 Text of Proposed Order)(Sandberg, Justin) (Entered: 06/22/2016)
2016-06-23MINUTE ORDER granting 22 Motion for Leave to File. Defendant shall have until July 12, 2016 to file its combined opposition and reply brief. Signed by Judge Amy Berman Jackson on 6/23/2016. (lcabj2) (Entered: 06/23/2016)
2016-06-23Set/Reset Deadlines: Combined Opposition and Reply Brief due by 7/12/2016. (zsm) (Entered: 06/23/2016)
2016-07-1223RESPONSE re 20 Cross MOTION for Summary Judgment filed by DEPARTMENT OF STATE. (Attachments: # 1 Declaration)(Sandberg, Justin) (Entered: 07/12/2016)
2016-07-1224REPLY to opposition to motion re 19 MOTION for Summary Judgment filed by DEPARTMENT OF STATE. (Attachments: # 1 Declaration)(Sandberg, Justin) (Entered: 07/12/2016)
2016-07-15Set/Reset Hearings: A Status Conference in this matter is set for Thursday, July 21, 2016, at 9:30 AM in Courtroom 3 before Judge Amy Berman Jackson. (jth) (Entered: 07/15/2016)
2016-07-1525MOTION for Extension of Time to File Response/Reply as to 20 Cross MOTION for Summary Judgment by REPUBLICAN NATIONAL COMMITTEE (Boone, Brian) (Entered: 07/15/2016)
2016-07-1526NOTICE of Appearance by Elizabeth J. Shapiro on behalf of All Defendants (Shapiro, Elizabeth) (Entered: 07/15/2016)
2016-07-18MINUTE ORDER granting 25 Motion for Extension of Time to File Response/Reply. Plaintiff shall have until July 29, 2016, to file its reply in support of its cross-motion for summary judgment. Signed by Judge Amy Berman Jackson on 7/18/2016. (lcabj2) (Entered: 07/18/2016)
2016-07-18Set/Reset Deadlines: Plaintiff's Reply in support of its Cross-Motion for Summary Judgment is due by 7/29/2016. (jth) (Entered: 07/18/2016)
2016-07-21Minute Entry for proceedings held before Judge Amy Berman Jackson: Status Conference held on 7/21/2016. Order to be Issued. (Court Reporter: Janice Dickman) (jth) (Entered: 07/21/2016)
2016-07-2127ORDER setting production schedule. See Order for details. Signed by Judge Amy Berman Jackson on 7/21/2016. (lcabj2) (Entered: 07/21/2016)
2016-07-21Set/Reset Deadlines: The parties shall file Joint Reports advising the Court of the Status of the productions on 8/31/2016, 9/30/2016 and 10/31/2016. (jth) (Entered: 07/21/2016)
2016-07-21MINUTE ORDER. By July 22, 2016, defendant shall file on the docket the visual aids presented to the Court during today's status conference. Signed by Judge Amy Berman Jackson on 7/21/2016. (lcabj2) (Entered: 07/21/2016)
2016-07-21Set/Reset Deadlines: By 7/22/2016, Defendant shall file on the docket the visual aids presented to the Court during today's status conference. (jth) (Entered: 07/21/2016)
2016-07-2228TRANSCRIPT OF PROCEEDINGS before Judge Amy Berman Jackson held on July 21, 2016; Page Numbers: 1-42. Date of Issuance: July 22, 2016. Court Reporter/Transcriber Janice Dickman, Telephone number 202-354-3267, Transcripts may be ordered by submitting the <a href="http://www.dcd.uscourts.gov/node/110">Transcript Order Form</a><P></P><P></P>For the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter.<P> NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov.<P></P> Redaction Request due 8/12/2016. Redacted Transcript Deadline set for 8/22/2016. Release of Transcript Restriction set for 10/20/2016.(Dickman, Janice) (Entered: 07/22/2016)
2016-07-2229NOTICE of Filing by DEPARTMENT OF STATE re Order (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Shapiro, Elizabeth) (Entered: 07/22/2016)
2016-07-2230MOTION to Clarify by DEPARTMENT OF STATE (Attachments: # 1 Text of Proposed Order)(Shapiro, Elizabeth) (Entered: 07/22/2016)
2016-07-2531RESPONSE re 30 MOTION to Clarify filed by REPUBLICAN NATIONAL COMMITTEE. (Boone, Brian) (Entered: 07/25/2016)
2016-07-26MINUTE ORDER granting 30 Motion to Clarify. Defendant's pleadings and declarations consistently spoke in terms of the rate at which the Department could process pages of records, not the rate at which it could produce them. Also, a close review of the transcript of the hearing held on July 21, 2016 reveals that notwithstanding the isolated references at the end of the hearing to the production of 500 pages per month, the projections upon which the Court based its order were cast in terms of processing, and not producing, pages. See, e.g., 28 Tr. at 25:8-13, 29:2-25. For those reasons, and upon consideration of 30 defendant's motion and 31 plaintiff's opposition, it is ORDERED that 27 the Order setting forth the production schedule in this matter is hereby clarified as follows: defendant shall begin processing documents, except for those documents excluded in the Court's Order dated July 21, 2016, on a rolling basis at a rate of no less than 500 pages per month. It shall produce on a rolling basis any responsive documents that are not subject to withholding in their entirety and redacted versions of any documents that are subject to withholding in part. This clarification shall have no effect on the existing order that "[s]eparate and apart from the 500 pages per month, defendant shall also review prior productions for responsive documents that have already been processed and released in the context of other FOIA requests and produce those documents to plaintiff by August 19, 2016." SO ORDERED. Signed by Judge Amy Berman Jackson on 7/26/2016. (lcabj2) (Entered: 07/26/2016)
2016-08-3032Unopposed MOTION for Extension of Time to File Joint Status Report by DEPARTMENT OF STATE (Sandberg, Justin) (Entered: 08/30/2016)
2016-08-30MINUTE ORDER granting 32 Motion for Extension of Time to File. The parties shall have until September 1, 2016, to file their joint status report. Signed by Judge Amy Berman Jackson on 8/30/2016. (lcabj2) (Entered: 08/30/2016)
2016-09-0133Joint STATUS REPORT by DEPARTMENT OF STATE. (Attachments: # 1 Exhibit)(Sandberg, Justin) (Entered: 09/01/2016)
2016-09-02MINUTE ORDER denying as moot 19 defendant's Motion for Summary Judgment; denying as moot 20 plaintiff's Motion for Summary Judgment. The parties' cross-motions for summary judgment in this case addressed the question of whether defendant was bound to comply with plaintiff's FOIA request at all. In light of the matters placed on the record at the July 21, 2016 status conference, the Court's 27 July 21, 2016 Order establishing a production schedule, defendant's compliance with the terms of that Order to date, and its ongoing obligation to process and produce responsive records, it is ORDERED that 19 & 20 the parties' cross-motions for summary judgment are hereby DENIED as moot. A new briefing schedule will be set, if necessary, after the production called for by the July 21, 2016 Order is complete. SO ORDERED. Signed by Judge Amy Berman Jackson on 9/2/2016. (lcabj2) (Entered: 09/02/2016)
2016-09-3034Joint STATUS REPORT by DEPARTMENT OF STATE. (Sandberg, Justin) (Entered: 09/30/2016)
2016-10-04MINUTE ORDER. In light of the Order establishing a production schedule 27 , the parties shall file a report advising the Court of the status of the productions on October 31, 2016. SO ORDERED. Signed by Judge Amy Berman Jackson on 10/4/2016. (lcabj2) (Entered: 10/04/2016)
2016-10-04Set/Reset Deadlines: The parties shall file a Report advising the Court of the Status of the Productions by 10/31/2016. (jth) (Entered: 10/04/2016)
2016-10-3135Joint STATUS REPORT by DEPARTMENT OF STATE. (Sandberg, Justin) (Entered: 10/31/2016)
2016-11-02MINUTE ORDER. The parties shall file another status report advising the Court of the status of the productions by December 2, 2016. SO ORDERED. Signed by Judge Amy Berman Jackson on 11/2/16. (lcabj2) (Entered: 11/02/2016)
2016-11-03Set/Reset Deadlines: The parties shall file another Report advising the Court of the Status of the Productions by 12/2/2016. (jth) (Entered: 11/03/2016)
2016-12-0236Joint STATUS REPORT by DEPARTMENT OF STATE. (Sandberg, Justin) (Entered: 12/02/2016)
2016-12-05MINUTE ORDER. The parties shall file another status report advising the Court of the status of the productions by January 6, 2017. SO ORDERED. Signed by Judge Amy Berman Jackson on 12/5/16. (lcabj2) (Entered: 12/05/2016)
2016-12-05Set/Reset Deadlines: Status Report due by 1/6/2017. (tg) (Entered: 12/06/2016)
2017-01-0637Joint STATUS REPORT by DEPARTMENT OF STATE. (Sandberg, Justin) (Entered: 01/06/2017)
2017-01-06MINUTE ORDER. The parties shall file another status report advising the Court of the status of the productions by February 6, 2017. SO ORDERED. Signed by Judge Amy Berman Jackson on 1/6/2017. (lcabj2) (Entered: 01/06/2017)
2017-01-11Set/Reset Deadlines: The parties shall file another Report advising the Court of the Status of the Productions by 2/6/2017. (jth) (Entered: 01/11/2017)
2017-02-0638Joint STATUS REPORT by DEPARTMENT OF STATE. (Sandberg, Justin) (Entered: 02/06/2017)
2017-02-06MINUTE ORDER. The parties shall file another status report advising the Court of the status of the productions by March 6, 2017. SO ORDERED. Signed by Judge Amy Berman Jackson on 2/6/2017. (lcabj2) (Entered: 02/06/2017)
2017-02-07Set/Reset Deadlines: Joint Status Report regarding status of productions due by 3/6/2017. (tg) (Entered: 02/07/2017)
2017-02-1039NOTICE OF WITHDRAWAL OF APPEARANCE as to REPUBLICAN NATIONAL COMMITTEE. Attorney Laura E. Sierra terminated. (Sierra, Laura) (Entered: 02/10/2017)
2017-03-0640Joint STATUS REPORT by DEPARTMENT OF STATE. (Sandberg, Justin) (Entered: 03/06/2017)
2017-03-06MINUTE ORDER. The parties shall file another status report advising the Court of the status of the productions by April 6, 2017. SO ORDERED. Signed by Judge Amy Berman Jackson on 3/6/2017. (lcabj2) (Entered: 03/06/2017)
2017-03-06Set/Reset Deadlines: The parties shall file another Report advising the Court of the Status of the Productions by 4/6/2017. (jth) (Entered: 03/06/2017)
2017-04-0541STIPULATION of Dismissal with Prejudice by REPUBLICAN NATIONAL COMMITTEE. (Boone, Brian) (Entered: 04/05/2017)
Hide Docket Events
by FOIA Project Staff
Skip to toolbar