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Case TitlePROTECT DEMOCRACY PROJECT, INC. v. OFFICE OF MANAGEMENT AND BUDGET
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2017cv01445
Date Filed2017-07-20
Date Closed2018-06-08
JudgeChief Judge Beryl A. Howell
PlaintiffPROTECT DEMOCRACY PROJECT, INC.
Case DescriptionThe Protect Democracy Project submitted two FOIA requests to OMB for records concerning the Congressional Budget Office. The agency acknowledged receipt of both requests, but after hearing nothing further from the agency, the Protect Democracy Project filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Vaughn index, Litigation - Attorney's fees

DefendantOFFICE OF MANAGEMENT AND BUDGET
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

2017-07-201COMPLAINT against OFFICE OF MANAGEMENT AND BUDGET. (Fee Status: Paid, Receipt #: 0090-5039264, $400.00) filed by PROTECT DEMOCRACY PROJECT, INC. (Attachments: # 1 Exhibit 1 - February Request, # 2 Exhibit 2 - April Request, # 3 Civil Cover Sheet, # 4 Summons)(Barnett, Kevin) Modified on 7/20/2017 to add in payment information.(ztnr) (Entered: 07/20/2017)
2017-07-202Corporate Disclosure Statement by PROTECT DEMOCRACY PROJECT, INC.. (Barnett, Kevin) (Entered: 07/20/2017)
2017-07-20Case Assigned to Chief Judge Beryl A. Howell. (md) (Entered: 07/20/2017)
2017-07-203SUMMONS Issued Electronically as to OFFICE OF MANAGEMENT AND BUDGET. (Attachments: # 1 Notice of Consent) (md) (Entered: 07/20/2017)
2017-07-20SUMMONS Not Issued as to non party U.S. Attorney, U.S. Attorney General. (FOIA SUMMONS WERE NOT SUBMITTED AT THE TIME COMPLAINT WAS FILED) (md) (Entered: 07/20/2017)
2017-07-204REQUEST FOR SUMMONS TO ISSUE re 1 Complaint, filed by PROTECT DEMOCRACY PROJECT, INC.. Related document: 1 Complaint, filed by PROTECT DEMOCRACY PROJECT, INC..(Barnett, Kevin) (Entered: 07/20/2017)
2017-07-205REQUEST FOR SUMMONS TO ISSUE re 1 Complaint, filed by PROTECT DEMOCRACY PROJECT, INC.. Related document: 1 Complaint, filed by PROTECT DEMOCRACY PROJECT, INC..(Barnett, Kevin) (Entered: 07/20/2017)
2017-07-216SUMMONS (2) Issued Electronically as to U.S. Attorney and U.S. Attorney General (znmw) (Entered: 07/21/2017)
2017-07-257STANDING ORDER. Signed by Chief Judge Beryl A. Howell on July 25, 2017. (lcbah2) (Entered: 07/25/2017)
2017-08-018RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 7/31/2017. Answer due for ALL FEDERAL DEFENDANTS by 8/30/2017. (Barnett, Kevin) (Main Document 8 replaced on 8/2/2017) (znmw). (Entered: 08/01/2017)
2017-08-02NOTICE OF ERROR re 8 Summons Returned Executed in FOIA as to U.S. Attorney; emailed to kbarnett@cov.com, cc'd 0 associated attorneys -- The PDF file you docketed contained errors: 1. Please refile document, 2. No proof of delivery by certified mail provided; File Errata with delivery confirmation attached; Also refile as a Summons Returned Executed as to U.S. Attorney General, and as to Federal Defendant. (znmw, ) (Entered: 08/02/2017)
2017-08-039RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 7/31/2017. Answer due for ALL FEDERAL DEFENDANTS by 8/30/2017. (Barnett, Kevin) (Main Document 9 replaced on 8/4/2017) (znmw). (Entered: 08/03/2017)
2017-08-0310RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 7/31/2017. (Barnett, Kevin) (Main Document 10 replaced on 8/4/2017) (znmw). (Entered: 08/03/2017)
2017-08-2111NOTICE of Appearance by Allison F. Murphy on behalf of PROTECT DEMOCRACY PROJECT, INC. (Murphy, Allison) (Entered: 08/21/2017)
2017-08-3012ANSWER to Complaint by OFFICE OF MANAGEMENT AND BUDGET.(Wyer, Kathryn) (Entered: 08/30/2017)
2017-09-1313MEET AND CONFER STATEMENT. (Wyer, Kathryn) (Entered: 09/13/2017)
2017-09-13MINUTE ORDER (paperless) DIRECTING, upon consideration of the parties' 13 Joint Meet and Confer Statement, the parties to file, by October 13, 2017, a joint status report: (1) advising the Court whether the parties have resolved all disputes over the defendant's response to the plaintiff's FOIA requests or whether dispositive motions are anticipated; and (2) proposing a briefing schedule, if necessary, to resolve any dispositive motions. Signed by Chief Judge Beryl A. Howell on September 13, 2017. (lcbah1) (Entered: 09/13/2017)
2017-09-14Set/Reset Deadlines: Joint Status Report due by 10/13/2017. (tg) (Entered: 09/14/2017)
2017-10-1314Joint STATUS REPORT by OFFICE OF MANAGEMENT AND BUDGET. (Wyer, Kathryn) (Entered: 10/13/2017)
2017-10-1415NOTICE of Appearance by Jennifer Zachary on behalf of PROTECT DEMOCRACY PROJECT, INC. (Zachary, Jennifer) (Entered: 10/14/2017)
2017-10-31MINUTE ORDER (paperless) DIRECTING, upon consideration of the parties' 14 Joint Status Report, the parties to file by November 10, 2017 an additional Joint Status Report proposing a schedule to control further proceedings if a Stipulation of Dismissal has not been entered. Signed by Chief Judge Beryl A. Howell on October 31, 2017. (lcbah1) (Entered: 10/31/2017)
2017-10-31Set/Reset Deadlines: Joint Status Report due by 11/10/2017. (zhmc) (Entered: 10/31/2017)
2017-11-0316Joint STATUS REPORT by OFFICE OF MANAGEMENT AND BUDGET. (Attachments: # 1 Text of Proposed Order)(Wyer, Kathryn) (Entered: 11/03/2017)
2017-11-06MINUTE ORDER (paperless) DIRECTING, upon consideration of the parties' 16 Joint Status Report, the parties to file additional Joint Status Reports on December 5, 2017; January 3, 2018; February 6, 2018; and March 16, 2018, apprising the Court of the status of the defendant's rolling production of documents. The parties are additionally DIRECTED to advise the Court, in their March 16, 2018 Joint Status Report, whether the defendant has completed its production and, if so, to propose a schedule to govern further proceedings, if any, in this case. Signed by Chief Judge Beryl A. Howell on November 6, 2017. (lcbah1) (Entered: 11/06/2017)
2017-11-06Set/Reset Deadlines: Joint Status Reports due by 12/5/2017,1/3/2018, 2/6/2018, and 3/16/2018. (tg) (Entered: 11/06/2017)
2017-12-0517Joint STATUS REPORT by OFFICE OF MANAGEMENT AND BUDGET. (Wyer, Kathryn) (Entered: 12/05/2017)
2018-01-0318Joint STATUS REPORT by OFFICE OF MANAGEMENT AND BUDGET. (Wyer, Kathryn) (Entered: 01/03/2018)
2018-02-0619Joint STATUS REPORT by OFFICE OF MANAGEMENT AND BUDGET. (Wyer, Kathryn) (Entered: 02/06/2018)
2018-03-1620Joint STATUS REPORT by OFFICE OF MANAGEMENT AND BUDGET. (Wyer, Kathryn) (Entered: 03/16/2018)
2018-03-19MINUTE ORDER (paperless) ISSUING, upon consideration of the parties' 20 Joint Status Report, the following schedule: by May 16, 2018, the defendant shall file any motion for summary judgment. By June 13, 2018, the plaintiff shall file any opposition to the defendant's motion and cross-motion for summary judgment. By June 27, 2018, the defendant shall file any reply in support of its motion and opposition to the plaintiff's cross-motion. By July 11, 2018, the plaintiff shall file any reply in support of its cross-motion. Signed by Chief Judge Beryl A. Howell on March 19, 2018. (lcbah1) (Entered: 03/19/2018)
2018-03-20Set/Reset Deadlines: Summary Judgment motion due by 5/16/2018; Cross-Motion and Opposition to Motion for Summary Judgment due by 6/13/2018; Opposition to Cross-Motion and Reply to Opposition to Motion for Summary Judgment due by 6/27/2018; Reply to Opposition to Cross-Motion due by 7/11/2018. (tg) (Entered: 03/20/2018)
2018-05-1621MOTION for Summary Judgment by OFFICE OF MANAGEMENT AND BUDGET (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Text of Proposed Order, # 4 Declaration of Heather V. Walsh, # 5 Exhibit A, # 6 Exhibit B, # 7 Exhibit C, # 8 Exhibit D, # 9 Exhibit E, # 10 Exhibit F, # 11 Exhibit G, # 12 Exhibit H, # 13 Vaughn Index, # 14 Response to February Request Part 3 (Bates-stamped))(Wyer, Kathryn) (Entered: 05/16/2018)
2018-06-0722STIPULATION of Dismissal by PROTECT DEMOCRACY PROJECT, INC.. (Barnett, Kevin) (Entered: 06/07/2018)
2018-06-07MINUTE ORDER (paperless) DENYING without prejudice, in consideration of the parties' 22 Stipulation of Dismissal, the defendant's 21 Motion for Summary Judgment as moot, and DIRECTING the Clerk to close the case. Signed by Chief Judge Beryl A. Howell on June 7, 2018. (lcbah1) (Entered: 06/07/2018)
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