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Case TitleWITTES v. U.S. DEPARTMENT OF JUSTICE et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2017cv01627
Date Filed2017-08-11
Date Closed2019-06-07
JudgeJudge Rudolph Contreras
PlaintiffBENJAMIN WITTES
Case DescriptionBenjamin Wittes, editor of an online legal publication, submitted FOIA requests to the Department of Justice for records concerning information about the country of origin of individuals convicted of terrorism-related offenses. Wittes submitted a second FOIA request to Justice for information supporting President Trump's claim in his State of the Union address that the vast majority of individuals convicted of terrorism-related offenses came from outside the U.S. Wittes asked for a fee waiver for both requests. The Office of Information Policy consolidated the two requests and invoked unusual circumstances. Wittes submitted two FOIA requests to the National Security Division of DOJ for the same information. Wittes also submitted a FOIA request to OMB for information about Trump's claim that the majority of those individuals convicted for terrorism-related offenses came from outside the U.S. All the agencies acknowledged receipt of the requests, but after hearing nothing further from the agencies, Wittes filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Vaughn index, Litigation - Attorney's fees

DefendantU.S. DEPARTMENT OF JUSTICE
DefendantOFFICE OF MANAGEMENT AND BUDGET
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
Complaint attachment 12
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2017-08-111COMPLAINT against ALL DEFENDANTS ( Filing fee $ 400 receipt number 0090-5071293) filed by BENJAMIN WITTES. (Attachments: # 1 Exhibit Ex. A, # 2 Exhibit Ex. B, # 3 Exhibit Ex. C, # 4 Exhibit Ex. D, # 5 Exhibit Ex. E, # 6 Exhibit Ex. F, # 7 Exhibit Ex. G, # 8 Civil Cover Sheet, # 9 Summons Attorney General, # 10 Summons U.S. Attorney, # 11 Summons OMB, # 12 Summons DOJ)(Florence, Justin) (Entered: 08/11/2017)
2017-08-11Case Assigned to Judge Rudolph Contreras. (md) (Entered: 08/14/2017)
2017-08-142SUMMONS (4) Issued Electronically as to OFFICE OF MANAGEMENT AND BUDGET, U.S. DEPARTMENT OF JUSTICE, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice of Consent) (md) (Entered: 08/14/2017)
2017-09-083RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 8/28/2017. Answer due for ALL FEDERAL DEFENDANTS by 9/27/2017. (Florence, Justin) (Entered: 09/08/2017)
2017-09-084RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 8/28/2017. (Florence, Justin) (Entered: 09/08/2017)
2017-09-085RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. OFFICE OF MANAGEMENT AND BUDGET served on 8/28/2017; U.S. DEPARTMENT OF JUSTICE served on 8/28/2017 (Florence, Justin) (Entered: 09/08/2017)
2017-09-276NOTICE of Appearance by Chetan A. Patil on behalf of OFFICE OF MANAGEMENT AND BUDGET, U.S. DEPARTMENT OF JUSTICE (Patil, Chetan) (Entered: 09/27/2017)
2017-09-277ANSWER to Complaint by OFFICE OF MANAGEMENT AND BUDGET, U.S. DEPARTMENT OF JUSTICE.(Patil, Chetan) (Entered: 09/27/2017)
2017-09-28MINUTE ORDER: It is hereby ORDERED that the parties shall meet, confer, and jointly submit a proposed briefing schedule by October 12, 2017. SO ORDERED. Signed by Judge Rudolph Contreras on September 27, 2017. (lcrc2) (Entered: 09/28/2017)
2017-10-128Joint STATUS REPORT by OFFICE OF MANAGEMENT AND BUDGET, U.S. DEPARTMENT OF JUSTICE. (Patil, Chetan) (Entered: 10/12/2017)
2017-10-12MINUTE ORDER: Upon consideration of 8 the parties' Joint Status Report, it is hereby ORDERED that the parties shall submit another joint status report on or before November 13, 2017. Signed by Judge Rudolph Contreras on October 12, 2017. (lcrc2) (Entered: 10/12/2017)
2017-10-139MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Laurence M. Schwartztol, :Firm- The Protect Democracy Project, Inc., :Address- 10 Ware Street, Cambridge, MA 02138. Phone No. - (202) 856-9191. Fax No. - (929) 777-8428 Filing fee $ 100, receipt number 0090-5157684. Fee Status: Fee Paid. by BENJAMIN WITTES (Attachments: # 1 Declaration of Laurence M. Schwartztol in Support of Motion for Admission Pro Hac Vice, # 2 Text of Proposed Order Granting Motion for Admission of Attorney Laurence M. Schwartztol Pro Hac Vice, # 3 Certificate of Service)(Florence, Justin) (Entered: 10/13/2017)
2017-10-13MINUTE ORDER granting 9 Motion for Leave to Appear Pro Hac Vice: Pursuant to Local Civil Rule 83.2(d), it is hereby ORDERED that Laurence M. Schwartztol is admitted to represent Plaintiff pro hac vice in this case. SO ORDERED. Signed by Judge Rudolph Contreras on October 13, 2017. (lcrc2) (Entered: 10/13/2017)
2017-10-17Set/Reset Deadlines: Status Report due by 11/13/2017 (tj) (Entered: 10/17/2017)
2017-11-1310Joint STATUS REPORT by OFFICE OF MANAGEMENT AND BUDGET, U.S. DEPARTMENT OF JUSTICE. (Patil, Chetan) (Entered: 11/13/2017)
2017-11-14MINUTE ORDER: Upon consideration of 10 the parties' Joint Status Report, it is hereby ORDERED that the parties shall submit another joint status report on or before December 12, 2017. SO ORDERED. Signed by Judge Rudolph Contreras on November 13, 2017. (lcrc2) (Entered: 11/14/2017)
2017-12-1211Joint STATUS REPORT by OFFICE OF MANAGEMENT AND BUDGET, U.S. DEPARTMENT OF JUSTICE. (Patil, Chetan) (Entered: 12/12/2017)
2017-12-13MINUTE ORDER: Upon consideration of 11 the parties' Joint Status Report, it is hereby ORDERED that the parties shall submit another joint status report by January 28, 2018. It is FURTHER ORDERED that the parties shall appear for a status hearing on February 1, 2018 at 10:00 a.m. in Courtroom 14 before Judge Rudolph Contreras. SO ORDERED. Signed by Judge Rudolph Contreras on December 13, 2017. (lcrc2) (Entered: 12/13/2017)
2017-12-13Set/Reset Deadlines/Hearings: Status Report due by 1/28/2018; Status Conference set for 2/1/2018 at 10:00 AM in Courtroom 14 before Judge Rudolph Contreras. (tj) (Entered: 12/13/2017)
2018-01-2912Joint STATUS REPORT by OFFICE OF MANAGEMENT AND BUDGET, U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Exhibit Plaintiff's Exhibit A)(Patil, Chetan) (Entered: 01/29/2018)
2018-02-01Minute Entry for proceedings held before Judge Rudolph Contreras: Status Conference held on 2/1/2018. Parties advise the court of the status of this action. Order to follow. (Court Reporter: Patricia Kaneshiro Miller.) (tj) (Entered: 02/01/2018)
2018-02-02MINUTE ORDER: The parties shall process and produce records according to the schedule established at the February 1, 2018, status conference. It is hereby ORDERED that the parties shall submit another joint status report on or before May 25, 2018. SO ORDERED. Signed by Judge Rudolph Contreras on February 2, 2018. (lcrc2) (Entered: 02/02/2018)
2018-02-02Set/Reset Deadlines: Status Report due by 5/25/2018 (tj) (Entered: 02/02/2018)
2018-02-1613TRANSCRIPT OF PROCEEDINGS before Judge Rudolph Contreras held on February 1, 2018; Page Numbers: 1-14. Date of Issuance:February 16, 2018. Court Reporter/Transcriber Patricia A Kaneshiro-Miller, Telephone number 202-354-3243, Tape Number: Patricia_Kaneshiro-Miller@dcd.uscourts.gov. 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 3/9/2018. Redacted Transcript Deadline set for 3/19/2018. Release of Transcript Restriction set for 5/17/2018.(pk) (Entered: 02/16/2018)
2018-02-2814Consent MOTION for Extension of Time to Produce Records by OFFICE OF MANAGEMENT AND BUDGET, U.S. DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Patil, Chetan) (Entered: 02/28/2018)
2018-02-28MINUTE ORDER granting 14 Defendant's Consent Motion to Extend the Date for First Release of Records: It is hereby ORDERED that the Department of Justice's Office of Information Policy shall produce the records formerly due on February 28, 2018 by March 2, 2018. Signed by Judge Rudolph Contreras on February 28, 2018. (lcrc2) (Entered: 02/28/2018)
2018-03-2815Consent MOTION for Extension of Time to Produce Records by OFFICE OF MANAGEMENT AND BUDGET, U.S. DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Patil, Chetan) (Entered: 03/28/2018)
2018-03-29MINUTE ORDER granting 15 Defendant's Consent Motion to Extend the Date for First Release of Records: It is hereby ORDERED that the Department of Justice's Office of Information Policy shall produce the records formerly due on March 28, 2018 by April 4, 2018. SO ORDERED. Signed by Judge Rudolph Contreras on March 29, 2018. (lcrc2) (Entered: 03/29/2018)
2018-05-2516Joint STATUS REPORT by OFFICE OF MANAGEMENT AND BUDGET, U.S. DEPARTMENT OF JUSTICE. (Patil, Chetan) (Entered: 05/25/2018)
2018-05-25MINUTE ORDER: Upon consideration of 16 the parties' Joint Status Report, it is hereby ORDERED that the parties shall submit another joint status report by June 25, 2018. SO ORDERED. Signed by Judge Rudolph Contreras on May 25, 2018. (lcrc2) (Entered: 05/25/2018)
2018-05-25Set/Reset Deadlines: Status Report due by 6/25/2018 (tj) (Entered: 05/25/2018)
2018-06-2917Joint STATUS REPORT by OFFICE OF MANAGEMENT AND BUDGET, U.S. DEPARTMENT OF JUSTICE. (Patil, Chetan) (Entered: 06/29/2018)
2018-06-29MINUTE ORDER: Upon consideration of 17 the parties' Joint Status Report, it is hereby ORDERED that the parties shall submit another joint status report by July 30, 2018. SO ORDERED. Signed by Judge Rudolph Contreras on June 29, 2018. (lcrc2) (Entered: 06/29/2018)
2018-06-29Set/Reset Deadlines: Status Report due by 7/30/2018 (tj) (Entered: 06/29/2018)
2018-07-3018Joint STATUS REPORT by BENJAMIN WITTES. (Schwartztol, Laurence) (Entered: 07/30/2018)
2018-07-30MINUTE ORDER: Upon consideration of 18 the parties' Joint Status Report, it is hereby ORDERED that the parties shall submit another joint status report by August 30, 2018. SO ORDERED. Signed by Judge Rudolph Contreras on July 30, 2018. (lcrc2) (Entered: 07/30/2018)
2018-07-31Set/Reset Deadlines: Joint Status Report due by 8/30/2018 (hs) (Entered: 07/31/2018)
2018-08-2919Joint STATUS REPORT by OFFICE OF MANAGEMENT AND BUDGET, U.S. DEPARTMENT OF JUSTICE. (Patil, Chetan) (Entered: 08/29/2018)
2018-08-29MINUTE ORDER: Upon consideration of 19 the parties' Joint Status Report, it is hereby ORDERED that the parties shall submit another joint status report by October 22, 2018. SO ORDERED. Signed by Judge Rudolph Contreras on August 29, 2018. (lcrc2) (Entered: 08/29/2018)
2018-08-29Set/Reset Deadlines: Status Report due by 10/22/2018 (tj) (Entered: 08/29/2018)
2018-10-1620NOTICE of Change of Address by Chetan A. Patil (Patil, Chetan) (Entered: 10/16/2018)
2018-10-2221Joint STATUS REPORT by BENJAMIN WITTES. (Schwartztol, Laurence) (Entered: 10/22/2018)
2018-10-23MINUTE ORDER: Upon consideration of 21 the parties' Joint Status Report, it is hereby ORDERED that the parties shall submit another joint status report by November 29, 2018. SO ORDERED. Signed by Judge Rudolph Contreras on 10/23/2018. (lcrc2) (Entered: 10/23/2018)
2018-11-2922Joint STATUS REPORT by BENJAMIN WITTES. (Schwartztol, Laurence) (Entered: 11/29/2018)
2018-11-30MINUTE ORDER: Upon consideration of 22 the parties' Joint Status Report, it is hereby ORDERED that the parties shall file another joint status report by January 4, 2019. SO ORDERED. Signed by Judge Rudolph Contreras on November 30, 2018. (lcrc2) (Entered: 11/30/2018)
2018-11-30Set/Reset Deadlines: Status Report due by 1/4/2019 (tj) (Entered: 11/30/2018)
2018-12-2623Consent MOTION to Stay Deadlines in light of Lapse of Appropriations by OFFICE OF MANAGEMENT AND BUDGET, U.S. DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Patil, Chetan) (Entered: 12/26/2018)
2019-01-23MINUTE ORDER granting 23 Motion to Stay: It is hereby ORDERED that this case is STAYED until appropriations are restored to the Department of Justice. The joint status report that was due on January 4, 2019 shall now be filed within seven days of appropriations being restored. SO ORDERED. Signed by Judge Rudolph Contreras on January 23, 2019. (lcrc2) (Entered: 01/23/2019)
2019-02-0124Joint STATUS REPORT by OFFICE OF MANAGEMENT AND BUDGET, U.S. DEPARTMENT OF JUSTICE. (Patil, Chetan) (Entered: 02/01/2019)
2019-02-01MINUTE ORDER: Upon consideration of 24 the parties' Joint Status Report, it is hereby ORDERED that the parties will file another joint status report by March 4, 2019. SO ORDERED. Signed by Judge Rudolph Contreras on February 1, 2019. (lcrc2) (Entered: 02/01/2019)
2019-02-06Set/Reset Deadlines: Status Report due by 3/4/2019. (tj) (Entered: 02/06/2019)
2019-03-0425Joint STATUS REPORT by OFFICE OF MANAGEMENT AND BUDGET, U.S. DEPARTMENT OF JUSTICE. (Patil, Chetan) (Entered: 03/04/2019)
2019-03-04MINUTE ORDER: Upon consideration of 25 the parties' Joint Status Report, it is hereby ORDERED that the parties will file another joint status report by April 4, 2019. SO ORDERED. Signed by Judge Rudolph Contreras on March 4, 2019. (lcrc2) (Entered: 03/04/2019)
2019-03-06Set/Reset Deadlines: Status Report due by 4/4/2019 (tj) (Entered: 03/06/2019)
2019-04-0426Joint STATUS REPORT by OFFICE OF MANAGEMENT AND BUDGET, U.S. DEPARTMENT OF JUSTICE. (Patil, Chetan) (Entered: 04/04/2019)
2019-04-04MINUTE ORDER: Upon consideration of 26 the parties' Joint Status Report, it is hereby ORDERED that the parties shall file another joint status report by May 6, 2019. SO ORDERED. Signed by Judge Rudolph Contreras on April 4, 2019. (lcrc2) (Entered: 04/04/2019)
2019-04-05Set/Reset Deadlines: Status Report due by 5/6/2019 (tj) (Entered: 04/05/2019)
2019-05-0627Joint STATUS REPORT by OFFICE OF MANAGEMENT AND BUDGET, U.S. DEPARTMENT OF JUSTICE. (Patil, Chetan) (Entered: 05/06/2019)
2019-05-06MINUTE ORDER: Upon consideration of 27 the parties' Joint Status Report, it is hereby ORDERED that the parties shall file another joint status report by June 7, 2019. SO ORDERED. Signed by Judge Rudolph Contreras on May 6, 2019. (lcrc2) (Entered: 05/06/2019)
2019-05-22Set/Reset Deadlines: Status Report due by 6/7/2019 (tj) (Entered: 05/22/2019)
2019-06-0628STIPULATION of Dismissal Under Rule 41(a)(1)(A)(ii) by BENJAMIN WITTES. (Schwartztol, Laurence) (Entered: 06/06/2019)
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