Case Detail

FOIA Project Annotation: Judge Colleen Kollar-Kotelly has ruled that GSA failed to conduct an adequate search for emails exchanged between the White House and the agency pertaining to the decision to renovate FBI headquarters rather than relocate the agency to Springfield, Virginia. After CREW had filed suit based on the agency's failure to respond within the statutory time limits, the House Oversight Committee disclosed two emails responsive to CREW's request. On the same day the House Oversight Committee disclosed the emails, GSA told CREW that it had found no responsive records. The agency agreed to conduct a second search using terms and parameters suggested by CREW based on the language of the publicly disclosed emails. As a result of its second search, the agency located 52 pages of responsive records, but withheld them all under Exemption 5 (privileges). Three months later, the agency decided to release redacted versions of the 25 pages that had been withheld under the presidential communications privilege. CREW questioned the adequacy of the agency's second search. The agency argued that CREW had narrowed its request by suggesting the search terms based on the two disclosed emails. The agency argued that case law existed suggesting that when sophisticated requesters agreed to modifications during litigation, they had consciously narrowed their request. Kollar-Kotelly found the three cases the agency had cited were not relevant in the circumstances here. She pointed out that "here, the parties never agreed to narrow the issues in a written status report filed with the Court. Instead, following the failure of Defendant's initial search, Plaintiff merely sent an email suggesting search terms and parameters to Defendant based on the emails which has been released by the House Oversight Committee." She observed that "Plaintiff's mere proposal of search terms and parameters was insufficient to narrow the scope of Plaintiff's formally-made FOIA request. However, even if the Court were to conclude that Plaintiff's FOIA request was implicitly narrowed by its search proposal, Defendant has still failed to explain why its narrowed search did not discover at least two of the emails which the House Oversight Committee had released." GSA argued that one of the emails had not been found because it had an OMB domain address rather than a White House address. Kollar-Kotelly rejected that claim, noting that "Plaintiff's search parameters referenced any 'White House/EOP email address.' The use of a forward slash indicates that Plaintiffs intended to include any White House or EOP email address." The agency claimed that its failure to locate all responsive records did not necessarily mean that its search was insufficient. Kollar-Kotelly pointed out that "Plaintiff presented Defendant with documents responsive to its FOIA request prior to Defendant's supplemental search. Despite knowing of the existence of these responsive records, Defendant's search did not locate the responsive records. . .Such a failure leads the Court to conclude that Defendant's search was not reasonably calculated to discover all documents responsive to Plaintiff's request." She ordered the agency to conduct a supplemental search and indicated that she would rule on the Exemption 5 claims after such a search had taken place.
Issues: Adequacy - Search

FOIA Project Annotation: Judge Colleen Kollar-Kotelly has decided to conduct an in camera review of documents withheld by the General Services Administration under Exemption 5 (privileges) and Exemption 7(E) (investigative methods or techniques) responsive to a FOIA request from CREW for communications between GSA and the White House pertaining to the renovations of FBI headquarters. Explaining her reasons for ordering the review, Kollar-Kotelly indicated that the agency's Vaughn index was insufficient, noting that "it does not provide enough information for the Court to determine whether the record was 'authored or solicited and received by those members of an immediate White House advisor's staff who have broad and significant responsibility for investigating and formulating the advice to the President on the particular matter to which the communications relate.'" Addressing the Exemption 7(E) claims, she observed that "here, neither Defendant's affidavit nor the Vaughn Index provide sufficient specificity pursuant to Exemption 7(E) regarding what investigative procedures or techniques are involved and how they would be disclosed by production of the documents." Because she found the agency's Vaughn index insufficient, she also ordered the agency to supplement its deliberative process privilege claims. Pointing out an example of the deficiency of the Vaughn index, she noted that "this imprecise description provides the Court no basis to determine the nature of the deliberative process involved, the function of each document in that process, or the nature of the decisionmaking authority of the document's author or recipient."
Issues: Litigation - In camera review

Date Filed	Doc #	Docket Text
2018-09-04	1	COMPLAINT against GENERAL SERVICES ADMINISTRATION ( Filing fee $ 400 receipt number 0090-5670096) filed by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON. (Attachments: # 1 Civil Cover Sheet, # 2 Summons GSA, # 3 Summons Attorney General, # 4 Summons U.S. Attorney)(Weismann, Anne) (Entered: 09/04/2018)
2018-09-04	2	LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON (Weismann, Anne) (Entered: 09/04/2018)
2018-09-04		Case Assigned to Judge Colleen Kollar-Kotelly. (zsth) (Entered: 09/05/2018)
2018-09-05	3	SUMMONS (3) Issued Electronically as to GENERAL SERVICES ADMINISTRATION, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(zsth) (Entered: 09/05/2018)
2018-09-07	4	ORDER ESTABLISHING PROCEDURES FOR CASES ASSIGNED TO JUDGE COLLEEN KOLLAR-KOTELLY. Signed by Judge Colleen Kollar-Kotelly on 09/07/18. (DM) (Entered: 09/07/2018)
2018-09-17	5	NOTICE of Appearance by Nikhel Sus on behalf of CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON (Sus, Nikhel) (Main Document 5 replaced on 9/20/2018) (ztd). (Entered: 09/17/2018)
2018-09-18	6	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 9/14/2018. Answer due for ALL FEDERAL DEFENDANTS by 10/14/2018. (Weismann, Anne) (Entered: 09/18/2018)
2018-09-18	7	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. GENERAL SERVICES ADMINISTRATION served on 9/13/2018 (Weismann, Anne) (Entered: 09/18/2018)
2018-09-18	8	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 9/14/18. (Weismann, Anne) (Entered: 09/18/2018)
2018-10-10	9	NOTICE of Appearance by William Mark Nebeker on behalf of GENERAL SERVICES ADMINISTRATION (Nebeker, William) (Entered: 10/10/2018)
2018-10-16		MINUTE ORDER: Plaintiff perfected service on Defendant on September 14, 2018. A government agency has thirty days from the date of service to answer a FOIA Complaint. 5 U.S.C.A. § 522(a)(4)(C). Defendant's Answer was due October 14, 2018. As of this date, the Court has not received Defendant's Answer. The Court ORDERS Defendant to file an Answer by OCTOBER 19, 2018. Signed by Judge Colleen Kollar-Kotelly on 10-16-2018. (lcckk3) (Entered: 10/16/2018)
2018-10-17	10	ANSWER to Complaint by GENERAL SERVICES ADMINISTRATION.(Nebeker, William) (Entered: 10/17/2018)
2018-10-18	11	ORDER. Signed by Judge Colleen Kollar-Kotelly on 10/18/2018. (lcckk3) (Entered: 10/18/2018)
2018-10-18	12	NOTICE Regarding Service by GENERAL SERVICES ADMINISTRATION (Nebeker, William) (Entered: 10/18/2018)
2018-10-18		Set/Reset Deadlines: Joint Status Report due by 11/8/2018. (dot) (Entered: 10/22/2018)
2018-11-08	13	Joint STATUS REPORT by GENERAL SERVICES ADMINISTRATION. (Nebeker, William) (Entered: 11/08/2018)
2018-11-08		MINUTE ORDER: The Court is in receipt of the parties' 13 Joint Status Report. The parties report that Defendant is presently reviewing the resulting records found during the search conducted pursuant to Plaintiff's FOIA request. Defendant's search recovered over 4,000 potentially responsive pages. Defendant anticipates producing responsive, non-exempt records by November 30, 2018. After releasing the records, Plaintiff will need time to review the records and to engage in discussions with Defendant, should any issues be unresolved. Accordingly, the court ORDERS the parties to file a Joint Status Report by DECEMBER 14, 2018, advising the Court whether further proceedings, including briefing, are warranted. If briefing is required, the parties are ordered to propose a briefing schedule in their Joint Status Report. Signed by Judge Colleen Kollar-Kotelly on 11/8/2018. (lcckk3) (Entered: 11/08/2018)
2018-11-08		Set/Reset Deadlines: Joint Status Report due by 12/14/2018, advising the Court whether further proceedings, including briefing, are warranted. (dot) (Entered: 11/13/2018)
2018-11-13	14	NOTICE of Change of Address by Nikhel Sus (Sus, Nikhel) (Entered: 11/13/2018)
2018-12-14	15	Joint STATUS REPORT by GENERAL SERVICES ADMINISTRATION. (Nebeker, William) (Entered: 12/14/2018)
2018-12-17		MINUTE ORDER: The Court is in receipt of the parties' 15 Joint Status Report. The parties report that Defendant has reviewed the records relating to Plaintiff's FOIA request but has withheld the responsive records in full pursuant to multiple FOIA exemptions. The parties are continuing to discuss ways to narrow the issues to be litigated or to eliminate the need for briefing altogether. Accordingly, the Court sets the following schedule. The parties are ORDERED to file another Joint Status Report on JANUARY 25, 2019, informing the Court of the parties' status on narrowing the issues for litigation. If required, the Court further ORDERS Defendant to file its motion for summary judgment by FEBRUARY 11, 2019 and Plaintiff to file its opposition to Defendant's motion and cross-motion for summary judgment by MARCH 4, 2019. The Court further ORDERS that Defendant file its combined reply and opposition by MARCH 25, 2019, and that Plaintiff file its reply by APRIL 8, 2019. Should the parties succeed in resolving this matter prior to the above-proposed deadlines, they are ORDERED to promptly advise the Court. Signed by Judge Colleen Kollar-Kotelly on 12/17/2018. (lcckk3) (Entered: 12/17/2018)
2018-12-17		Set/Reset Deadlines: Plaintiff's Cross Motion due by 3/4/2019. Response to Cross Motion due by 3/25/2019. Reply to Cross Motion due by 4/8/2019. Defendant's Summary Judgment Motion due by 2/11/2019. Response to Motion for Summary Judgment due by 3/4/2019. Reply to Motion for Summary Judgment due by 3/25/2019. (dot) (Entered: 12/18/2018)
2019-01-25	16	Unopposed MOTION to Stay (Defendant's Motion to Stay Proceedings in Light of Lapse in Appropriations) by GENERAL SERVICES ADMINISTRATION (Attachments: # 1 Text of Proposed Order)(Nebeker, William) (Entered: 01/25/2019)
2019-01-28		MINUTE ORDER: The court is in receipt of Defendant's 16 Unopposed Motion to Stay Proceedings in Light of Lapse in Appropriations. Defendant requests a Stay based on the lapse of appropriations to the Department of Justice. But, as appropriations to the Department have now been restored for at least three weeks, Defendant's motion to Stay is DENIED. Defendant also requests an extension on its deadline for filing its Joint Status Report, which was due on January 25, 2019. Defendant's motion for an extension is GRANTED. The parties are ORDERED to file a Joint Status Report by FEBRUARY 8, 2019, indicating how the parties intend to proceed and proposing a briefing schedule if necessary. Signed by Judge Colleen Kollar-Kotelly on 1/28/2019. (lcckk3) (Entered: 01/28/2019)
2019-01-28		Set/Reset Deadlines: Joint Status Report due by 2/8/2019, indicating how the parties intend to proceed and proposing a briefing schedule if necessary. (dot) (Entered: 01/29/2019)
2019-02-08	17	Joint STATUS REPORT by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON. (Sus, Nikhel) (Entered: 02/08/2019)
2019-02-08		MINUTE ORDER: The court is in receipt of the parties' 17 Joint Status Report. The parties have conferred and propose a briefing schedule to resolve Defendant's determination that any material responsive to Plaintiff's request is exempt from FOIA. The Court ORDERS Defendant to file its Motion for Summary Judgment by MARCH 28, 2019, Plaintiff to file its Opposition and any Cross-Motion for Summary Judgment by APRIL 29, 2019, Defendant to file its Reply and Response to Plaintiff's Cross-Motion by MAY 23, 2019, and Plaintiff to file any Reply by JUNE 17, 2019. Signed by Judge Colleen Kollar-Kotelly on 2/8/2019. (lcckk3) (Entered: 02/08/2019)
2019-02-08		Set/Reset Deadlines: Defendant's Summary Judgment Motion due by 3/28/2019. Response to Motion for Summary Judgment due by 4/29/2019. Reply to Motion for Summary Judgment due by 5/23/2019. Plaintiff's Cross Motion for Summary Judgment due by 4/29/2019. Response to Cross Motion for Summary Judgment due by 5/23/2019. Reply to Cross Motion for Summary Judgment due by 6/17/2019. (dot) (Entered: 02/11/2019)
2019-03-28	18	MOTION for Judgment on the Pleadings , MOTION to Dismiss , MOTION for Summary Judgment by GENERAL SERVICES ADMINISTRATION (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Declaration Lewis, # 4 Exhibit Vaughn Index, # 5 Text of Proposed Order)(Nebeker, William) (Entered: 03/28/2019)
2019-04-29	19	Cross MOTION for Summary Judgment by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON (Attachments: # 1 Memorandum in Support, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Statement of Facts, # 10 Text of Proposed Order)(Sus, Nikhel) (Entered: 04/29/2019)
2019-04-29	20	Memorandum in opposition to re 18 MOTION for Judgment on the Pleadings MOTION to Dismiss MOTION for Summary Judgment filed by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Statement of Facts)(Sus, Nikhel) (Entered: 04/29/2019)
2019-05-17	21	Unopposed MOTION for Extension of Time to File Response/Reply as to 18 MOTION for Judgment on the Pleadings MOTION to Dismiss MOTION for Summary Judgment , 19 Cross MOTION for Summary Judgment by GENERAL SERVICES ADMINISTRATION (Attachments: # 1 Text of Proposed Order)(Nebeker, William) (Entered: 05/17/2019)
2019-05-20		MINUTE ORDER: The court is in receipt of Defendant's 21 Unopposed Motion for an Enlargement of Time, and Memorandum in Support Thereof. This is Defendant's first Motion for an extension of time. Defendant's Opposition to Plaintiff's Cross-Motion for Summary Judgment and Reply to Plaintiff's Opposition to Defendant's Motion is currently due May 23, 2019. Defendant requests an extension of time due to the responsibilities in several other litigation matters. Defendant's Motion is GRANTED. Defendant's Opposition to Plaintiff's Cross-Motion for Summary Judgment and Reply to Plaintiff's Opposition to Defendant's Motion is due JUNE 12, 2019. The Court further ORDERS that Plaintiff's Reply is now due JULY 8, 2019. The Court expects no further requests for extensions due to other litigation commitments. Signed by Judge Colleen Kollar-Kotelly on 5/20/2019. (lcckk3) (Entered: 05/20/2019)
2019-05-20		Set/Reset Deadlines: Defendant's Opposition to Plaintiff's Cross-Motion for Summary Judgment and Reply to Plaintiff's Opposition to Defendant's Motion is due 6/12/2019. Plaintiff's Reply due 7/8/2019. (dot) (Entered: 05/21/2019)
2019-06-12	22	Memorandum in opposition to re 19 Cross MOTION for Summary Judgment filed by GENERAL SERVICES ADMINISTRATION. (Attachments: # 1 Text of Proposed Order)(Nebeker, William) (Entered: 06/12/2019)
2019-06-12	23	REPLY to opposition to motion re 18 MOTION for Judgment on the Pleadings MOTION to Dismiss MOTION for Summary Judgment (same as ECF N0. 22) filed by GENERAL SERVICES ADMINISTRATION. (Attachments: # 1 Text of Proposed Order)(Nebeker, William) (Entered: 06/12/2019)
2019-07-08	24	REPLY to opposition to motion re , 19 Cross MOTION for Summary Judgment filed by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON. (Attachments: # 1 Exhibit 1)(Sus, Nikhel) Modified on 7/9/2019 (ztd). (Entered: 07/08/2019)
2019-07-29	25	ORDER denying without prejudice 18 Motion for Judgment on the Pleadings, Motion to Dismiss, and Motion for Summary Judgment; and granting in part and denying without prejudice in part 19 Motion for Summary Judgment. Signed by Judge Colleen Kollar-Kotelly on 7-29-2019. (lcckk3) (Entered: 07/29/2019)
2019-07-29	26	MEMORANDUM OPINION. Signed by Judge Colleen Kollar-Kotelly on 7-29-2019. (lcckk3) (Entered: 07/29/2019)
2019-07-29		Set/Reset Deadlines: Defendant to file a Status Report prior to 9/5/2019, informing theCourt as to why the deadline cannot be met and proposing a new deadline. (dot) (Entered: 07/30/2019)
2019-09-09	27	Joint STATUS REPORT by GENERAL SERVICES ADMINISTRATION. (Nebeker, William) (Entered: 09/09/2019)
2019-09-09		MINUTE ORDER: The court is in receipt of the parties' 27 Joint Status Report. Defendant indicates that it has completed a new search for responsive records which returned about 30,000 pages of potentially responsive documents. Defendant intends to search this set of materials by subject to ensure that it is relevant to Plaintiff's FOIA request. The parties agree that the search terms to be used to locate responsive materials are any of the following terms: "FBI," "Federal Bureau of Investigation," "Hoover," "Wray," "Rosenstein," or "Deputy AG." By September 27, 2019, Defendant will process at least 1,000 of the responsive pages and provide an initial release of documents. Defendant will also provide Plaintiff with details of its processing efforts. The parties are ORDERED to file a further Joint Status Report by OCTOBER 3, 2019, proposing further deadlines in this case, including deadlines for production, and, if necessary, further summary judgment briefing. Signed by Judge Colleen Kollar-Kotelly on 9-9-2019. (lcckk3) (Entered: 09/09/2019)
2019-09-09		Set/Reset Deadlines: Joint Status Report due by 10/3/2019, proposing further deadlines in this case, including deadlines for production, and, if necessary, further summary judgment briefing. (dot) (Entered: 09/10/2019)
2019-10-01	28	MOTION for Extension of Time to Complete Processing of Certain Records by GENERAL SERVICES ADMINISTRATION (Attachments: # 1 Text of Proposed Order)(Nebeker, William) (Entered: 10/01/2019)
2019-10-01		MINUTE ORDER: The court is in receipt of Defendant's 28 Motion for an Enlargement of Time, and Memorandum in Support Thereof. Defendant indicates that it requires an extension of ten days in order to complete the processing of 8 of the 1000 pages of materials that it had indicated a willingness to process by September 29, 2019. This extension is required so that the relevant documents can be reviewed by the Office of the White House. Defendant indicates that Plaintiff opposes an extension. The Court ORDERS Plaintiff to file a Response by noon on OCTOBER 2, 2019 indicating why an extension should not be granted so that the Office of the White House can complete its review of the documents. If no Response is filed, the Court will grant the extension. Signed by Judge Colleen Kollar-Kotelly on 10-1-2019. (lcckk3) (Entered: 10/01/2019)
2019-10-01	29	Memorandum in opposition to re 28 MOTION for Extension of Time to Complete Processing of Certain Records filed by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON. (Sus, Nikhel) (Entered: 10/01/2019)
2019-10-02		MINUTE ORDER: The court is in receipt of Defendant's 28 Motion for an Enlargement of Time, and Memorandum in Support Thereof. The Court has also considered Plaintiff's 29 Opposition to Defendant's Motion for Enlargement of Time. On September 9, 2019, based on the parties' agreed upon schedule, the Court ordered Defendant to process at least 1,000 responsive pages and provide an initial release of documents by September 27, 2019. When it became clear that Defendant would be unable to meet this deadline due to the Office of the White House's review of eight pages of documents, Defendant should have moved for an extension rather than waiting for prompting from Plaintiff's counsel. Despite Defendant's failure to properly move for an extension, the Court GRANTS Defendant's Motion. The Court ORDERS that Defendant shall complete the processing of the remaining pages and provide an initial release of documents by OCTOBER 11, 2019. If the Office of the White House has not completed its review of the eight pages of documents by October 11, 2019, Defendant SHALL release the eight pages to Plaintiff. By October 11, 2019, the Office of the White House will have had the eight pages of documents since September 19, 2019, for a total of 22 days. The Court finds that 22 days provides more than sufficient time to review eight pages of documents. Signed by Judge Colleen Kollar-Kotelly on 10-2-2019. (lcckk3) (Entered: 10/02/2019)
2019-10-03	30	Joint STATUS REPORT by GENERAL SERVICES ADMINISTRATION. (Nebeker, William) (Entered: 10/03/2019)
2019-10-03	31	Joint STATUS REPORT by GENERAL SERVICES ADMINISTRATION. (Nebeker, William) (Entered: 10/03/2019)
2019-10-03		MINUTE ORDER: The court is in receipt of the parties' [30, 31] Joint Status Report. The parties report that Defendant has completed its search of records and will be able to review the remaining 29,000 pages within the next 60 calendar days and make productions to Plaintiff accordingly. The Court ORDERS the parties to file another Joint Status Report by DECEMBER 13, 2019 indicating how the parties would like to proceed. Signed by Judge Colleen Kollar-Kotelly on 10-3-2019. (lcckk3) (Entered: 10/03/2019)
2019-10-03		Set/Reset Deadlines: Joint Status Report due by 12/13/2019, indicating how the parties would like to proceed. (dot) (Entered: 10/04/2019)
2019-12-13	32	Joint STATUS REPORT by GENERAL SERVICES ADMINISTRATION. (Nebeker, William) (Entered: 12/13/2019)
2019-12-16		MINUTE ORDER: The court is in receipt of the parties' 32 Joint Status Report. Defendant states that approximately 29,000 pages of documents have been reviewed for relevancy. There remain eight pages that must be reviewed by others at the Office of White House Counsel. Defendant has requested to expedite that review. However, Defendant missed its intended completion date of December 2, 2019. The Court ORDERS that Defendant shall complete the processing of the remaining eight pages and provide a release of all non-exempt information by JANUARY 10, 2020. If the Office of the White House Counsel has not completed its review of the eight pages of documents by January 10, 2020, Defendant SHALL release the eight pages to Plaintiff. By January 10, 2020, the Office of the White House will have had the eight pages of documents for at least 28 days. The Court finds that 28 days provides more than sufficient time to review eight pages of documents. Signed by Judge Colleen Kollar-Kotelly on 12-16-2019. (lcckk3) (Entered: 12/16/2019)
2020-01-24	33	NOTICE OF SUBSTITUTION OF COUNSEL by Robert Aaron Caplen on behalf of GENERAL SERVICES ADMINISTRATION Substituting for attorney W. Mark Nebeker (Caplen, Robert) (Entered: 01/24/2020)
2020-01-24	34	Joint STATUS REPORT and Proposed Briefing Schedule by GENERAL SERVICES ADMINISTRATION. (Caplen, Robert) (Entered: 01/24/2020)
2020-01-24		MINUTE ORDER: The court is in receipt of the parties' 34 Joint Status Report. The parties indicate that Defendant has completed its renewed search and produced 29 responsive pages with redactions. The parties are now prepared to file renewed cross-motions for summary judgment. The Court ORDERS Defendant to file its renewed Motion for Summary Judgment on MARCH 6, 2020; Plaintiff to file its renewed Cross-Motion for Summary Judgment and Opposition by APRIL 6, 2020; Defendant to File its Reply and Opposition by APRIL 20, 2020; and Plaintiff to file its Reply by MAY 4, 2020. Signed by Judge Colleen Kollar-Kotelly on 1-24-2020. (lcckk3) (Entered: 01/24/2020)
2020-01-24		Set/Reset Deadlines: Cross Motions due by 4/6/2020. Response to Cross Motions due by 4/20/2020. Summary Judgment motions due by 3/6/2020. Response to Motion for Summary Judgment due by 4/20/2020. Reply to Motion for Summary Judgment due by 5/4/2020. (zcal) (Entered: 01/27/2020)
2020-02-27	35	Unopposed MOTION for Extension of Time to File Renewed Motion for Summary Judgment and Corresponding Adjustments to the Parties' Briefing Schedule by GENERAL SERVICES ADMINISTRATION (Attachments: # 1 Text of Proposed Order)(Caplen, Robert) (Entered: 02/27/2020)
2020-02-27		MINUTE ORDER: The court is in receipt of Defendant's 35 Unopposed Motion for Enlargement of Time. Defendant's Motion for summary judgment is currently due March 6, 2020. Defense counsel seeks an extension because he has multiple pending litigation deadlines in cases which have been recently reassigned to him. Defendant's Motion is GRANTED. The Court ORDERS Defendant to file its renewed Motion for Summary Judgment on MARCH 16, 2020; Plaintiff to file its renewed Cross-Motion for Summary Judgment and Opposition by APRIL 16, 2020; Defendant to File its Reply and Opposition by APRIL 30, 2020; and Plaintiff to file its Reply by MAY 14, 2020. Signed by Judge Colleen Kollar-Kotelly on 2-27-2020. (lcckk3) (Entered: 02/27/2020)
2020-02-27		Set/Reset Deadlines: Plaintiff's Renewed Cross Motion due by 4/16/2020. Response to Renewed Cross Motion due by 4/30/2020. Reply to Renewed Cross Motion due by 5/14/2020. Defendant's Renewed Summary Judgment Motion due by 3/16/2020. Response to Renewed Motion for Summary Judgment due by 4/16/2020. Reply to Renewed Motion for Summary Judgment due by 4/30/2020. (dot) (Entered: 03/02/2020)
2020-03-16	36	MOTION for Summary Judgment (Renewed) by GENERAL SERVICES ADMINISTRATION (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Declaration of Travis Lewis, # 4 Exhibit 1, # 5 Exhibit 2, # 6 Vaughn Index, # 7 Text of Proposed Order)(Caplen, Robert) (Entered: 03/16/2020)
2020-04-16	37	NOTICE of Appearance by Jessica A. Lutkenhaus on behalf of CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON (Lutkenhaus, Jessica) (Entered: 04/16/2020)
2020-04-16	38	Cross MOTION for Summary Judgment (Renewed) by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON (Attachments: # 1 Memorandum in Support, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Exhibit 9, # 11 Exhibit 10, # 12 Declaration of Nikhel S. Sus, # 13 Statement of Facts, # 14 Text of Proposed Order)(Lutkenhaus, Jessica) (Entered: 04/16/2020)
2020-04-16	39	Memorandum in opposition to re 36 MOTION for Summary Judgment (Renewed) filed by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Declaration of Nikhel S. Sus, # 12 Statement of Facts, # 13 Text of Proposed Order)(Lutkenhaus, Jessica) (Entered: 04/16/2020)
2020-04-24	40	NOTICE OF WITHDRAWAL OF APPEARANCE as to CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON. Attorney Jessica A. Lutkenhaus terminated. (Lutkenhaus, Jessica) (Entered: 04/24/2020)
2020-04-24	41	MOTION to Stay Briefing on 36 Defendant's Renewed Motion for Summary Judgment and 38 Plaintiff's Renewed Cross-Motion for Summary Judgment by GENERAL SERVICES ADMINISTRATION (Attachments: # 1 Text of Proposed Order)(Caplen, Robert) (Entered: 04/24/2020)
2020-04-27	42	Memorandum in opposition to re 41 MOTION to Stay Briefing on 36 Defendant's Renewed Motion for Summary Judgment and 38 Plaintiff's Renewed Cross-Motion for Summary Judgment filed by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON. (Sus, Nikhel) (Entered: 04/27/2020)
2020-04-28	43	ORDER granting in part and denying in part 41 Motion to Stay. Signed by Judge Colleen Kollar-Kotelly on 4-28-2020. (lcckk3) (Entered: 04/28/2020)
2020-04-28		Set/Reset Deadlines: Joint Status Report due by 7/8/2020. (dot) (Entered: 04/28/2020)
2020-06-08	44	Joint STATUS REPORT by GENERAL SERVICES ADMINISTRATION. (Caplen, Robert) (Entered: 06/08/2020)
2020-06-11		MINUTE ORDER. The Court is in receipt of the parties' 44 Joint Status Report. The parties agree to withdraw their currently pending summary judgment motions and to submit new briefs addressing the remaining issues in this litigation. As such, the Court DENIES WITHOUT PREJUDICE Defendant's 36 Motion for Summary Judgment and Plaintiff's 38 Motion for Summary Judgment. The Court further ORDERS the following briefing schedule: Defendant to file its renewed Motion for Summary Judgment on JULY 7, 2020; Plaintiff to file its renewed Cross-Motion for Summary Judgment and Opposition by AUGUST 7, 2020; Defendant to File its Reply and Opposition by SEPTEMBER 8, 2020; and Plaintiff to file its Reply by SEPTEMBER 28, 2020. Signed by Judge Colleen Kollar-Kotelly on 6-11-2020. (lcckk3) (Entered: 06/11/2020)
2020-06-11		Set/Reset Deadlines: Plaintiff's renewed Cross Motion due by 8/7/2020. Response to Cross Motion due by 9/8/2020. Reply to Cross Motion due by 9/28/2020. Defendant's renewed Summary Judgment Motion due by 7/7/2020. Response to Motion for Summary Judgment due by 8/7/2020. Reply to Motion for Summary Judgment due by 9/8/2020. (dot) (Entered: 06/11/2020)
2020-07-07	45	MOTION for Summary Judgment (Renewed) by GENERAL SERVICES ADMINISTRATION (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Exhibit 1, # 4 Exhibit 2, # 5 Exhibit 3, # 6 Declaration of Travis Lewis, # 7 Vaughn Index, # 8 Text of Proposed Order)(Caplen, Robert) (Entered: 07/07/2020)
2020-08-07	46	Cross MOTION for Summary Judgment by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Exhibit 1, # 4 Exhibit 2, # 5 Exhibit 3, # 6 Exhibit 4, # 7 Exhibit 5, # 8 Exhibit 6, # 9 Exhibit 7, # 10 Exhibit 8, # 11 Text of Proposed Order)(Sus, Nikhel) (Entered: 08/07/2020)
2020-08-07	47	Memorandum in opposition to re 45 MOTION for Summary Judgment (Renewed) (duplicate of [46-1]) filed by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON. (Sus, Nikhel) (Entered: 08/07/2020)
2020-09-02	48	Unopposed MOTION for Extension of Time to File Response/Reply as to 45 MOTION for Summary Judgment (Renewed) , 46 Cross MOTION for Summary Judgment by GENERAL SERVICES ADMINISTRATION (Attachments: # 1 Text of Proposed Order)(Caplen, Robert) (Entered: 09/02/2020)
2020-09-02		MINUTE ORDER. The Court is in receipt of Defendant's Unopposed Motion for Enlargement of Time. Defendant's Reply in support of its renewed motion for summary judgment is due September 8, 2020. Defendant requests an extension because counsel seeks additional time to confer with the agency and to finalize the brief. Defendant's Motion is GRANTED. Defendant's Reply is due SEPTEMBER 15, 2020 and Plaintiff's Reply is due OCTOBER 6, 2020. Signed by Judge Colleen Kollar-Kotelly on 9-2-2020. (lcckk3) (Entered: 09/02/2020)
2020-09-02		Set/Reset Deadlines: Defendant's Reply to 45 Renewed Motion for Summary Judgment due by 9/15/2020. Plaintiff's Reply to 46 Cross Motions due by 10/6/2020. (dot) (Entered: 09/02/2020)
2020-09-15	49	REPLY to opposition to motion re 45 MOTION for Summary Judgment (Renewed) filed by GENERAL SERVICES ADMINISTRATION. (Attachments: # 1 Statement of Facts, # 2 Text of Proposed Order)(Caplen, Robert) (Entered: 09/15/2020)
2020-09-15	50	Memorandum in opposition to re 46 Cross MOTION for Summary Judgment (same as ECF No. 49) filed by GENERAL SERVICES ADMINISTRATION. (Attachments: # 1 Statement of Facts, # 2 Text of Proposed Order)(Caplen, Robert) (Entered: 09/15/2020)
2020-10-06	51	REPLY to opposition to motion , 46 Cross MOTION for Summary Judgment filed by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON. (Sus, Nikhel) Modified text on 10/6/2020 (ztd). (Entered: 10/06/2020)
2021-02-26	52	ORDER GRANTING IN PART Plaintiff's 46 Cross-Motion for Summary Judgment and HOLDING IN ABEYANCE the remainder of Plaintiff's Cross-Motion and Defendant's 45 Motion for Summary Judgment. Signed by Judge Colleen Kollar-Kotelly on 2/26/21. (lcckk3) (Entered: 02/26/2021)
2021-02-26	53	MEMORANDUM OPINION accompanying 52 Order. Signed by Judge Colleen Kollar-Kotelly on 2/26/21. (lcckk3) (Entered: 02/26/2021)
2021-02-26		Set/Reset Deadlines: In-Camera Submission due by 3/5/2021. Supplemental Vaughn Index due by 3/12/2021. (dot) (Entered: 02/26/2021)
2021-03-05	54	NOTICE by GENERAL SERVICES ADMINISTRATION re 52 Order on Motion for Summary Judgment,,, (Caplen, Robert) (Entered: 03/05/2021)
2021-03-05	55	Joint STATUS REPORT by GENERAL SERVICES ADMINISTRATION. (Caplen, Robert) (Entered: 03/05/2021)
2021-03-05	56	Consent MOTION for Extension of Time to File Supplemental Vaughn Index by GENERAL SERVICES ADMINISTRATION. (Attachments: # 1 Text of Proposed Order)(Caplen, Robert) (Entered: 03/05/2021)
2021-03-05		MINUTE ORDER. The Court is in receipt of Defendant's 56 Consent Motion for Extension of Time to Submit a Supplemental Vaughn Index in accordance with the Court's 52 Order. Defendant indicates that it is reexamining the "withholdings that remain in dispute" in light of the Court's order and requests additional time to do so. Plaintiff consents to Defendant's Motion. The Court GRANTS Defendant's Motion and ORDERS Defendant to file its supplemental Vaughn Index by MARCH 25, 2021. The Court shall STAY its consideration of the remaining issues in the parties cross-motions for summary judgment until Defendant files its supplemental Vaughn index. Signed by Judge Colleen Kollar-Kotelly on 3/5/21. (lcckk3) (Entered: 03/05/2021)
2021-03-05		Set/Reset Deadlines: Vaughn Index due by 3/25/2021, (kt) (Entered: 03/05/2021)
2021-03-08	57	NOTICE OF SUPPLEMENTAL AUTHORITY by GENERAL SERVICES ADMINISTRATION (Caplen, Robert) (Entered: 03/08/2021)
2021-03-24		MINUTE ORDER. Based on the Court's in camera review of the documents submitted by GSA pursuant to the Court's 52 Order, it appears that the content of the document withheld by GSA as Category 5 ("White House briefing itinerary regarding a discussion of the future of the FBI headquarters on January 24, 2018") is publicly available in the GSA OIG Review of GSAs Revised Plan for the FBI Headquarters Consolidation Project (August 27, 2018). Accordingly, the Court ORDERS GSA to provide its reasoning for withholding this document in light of the public availability of its content, and shall do so either (1) with its supplemental Vaughn Index due March 25, 2021, (2) or in a separate filing by no later than March 26, 2021. Signed by Judge Colleen Kollar-Kotelly on 3/24/21. (lcckk3) (Entered: 03/24/2021)
2021-03-25	58	Joint STATUS REPORT by GENERAL SERVICES ADMINISTRATION. (Caplen, Robert) (Entered: 03/25/2021)
2021-03-25	59	RESPONSE TO ORDER OF THE COURT re Order,,, dated March 24, 2021 filed by GENERAL SERVICES ADMINISTRATION. (Caplen, Robert) (Entered: 03/25/2021)
2021-03-25	60	RESPONSE TO ORDER OF THE COURT re 52 Order on Motion for Summary Judgment,,, filed by GENERAL SERVICES ADMINISTRATION. (Attachments: # 1 Supplemental Vaughn Index)(Caplen, Robert) (Entered: 03/25/2021)
2021-03-29	61	ORDER granting in part, denying in part, and holding abeyance in part Defendant's 45 Motion for Summary Judgment and granting in part, denying in part, and holding abeyance in part Plaintiff's 46 Cross-Motion for Summary Judgment. Signed by Judge Colleen Kollar-Kotelly on 3/29/21. (lcckk3) (Entered: 03/29/2021)
2021-03-29	62	MEMORANDUM OPINION. Signed by Judge Colleen Kollar-Kotelly on 3/29/21. (lcckk3) (Entered: 03/29/2021)
2021-03-29		Set/Reset Deadlines: Defendant shall notify the Court by 4/12/2021. Defendant to file amended Vaughn Index by 4/12/2021. (dot) (Entered: 03/29/2021)
2021-04-06	63	Consent MOTION for Extension of Time to Respond to the Court's Order of May 29, 2021 (ECF No. 61) by GENERAL SERVICES ADMINISTRATION. (Attachments: # 1 Text of Proposed Order)(Caplen, Robert) Modified event on 4/6/2021 (ztd). (Entered: 04/06/2021)
2021-04-07		MINUTE ORDER. The Court is in receipt of Defendant's 63 Consent Motion for Extension of Time, in which Defendant requests a 14-day extension to respond to the Courts 61 Order requiring Defendant to re-examine its withholdings of the "Category 6" records and to disclose information that is reasonably segregable or provide the legal grounds for claiming this information is not subject to disclosure. Plaintiff consents to Defendant's requested extension. The Court GRANTS Defendants Motion and ORDERS Defendant to file its response to the Court's 61 Order by no later than APRIL 26, 2021. Signed by Judge Colleen Kollar-Kotelly on 4/7/21. (lcckk3) (Entered: 04/07/2021)
2021-04-07		Set/Reset Deadlines: Defendant's Response to 61 due by 4/26/2021. (dot) (Entered: 04/07/2021)
2021-04-26	64	RESPONSE TO ORDER OF THE COURT re 61 Order on Motion for Summary Judgment, filed by GENERAL SERVICES ADMINISTRATION. (Attachments: # 1 Supplemental Vaughn Index, # 2 Declaration of Michael G. Seidel)(Caplen, Robert) (Entered: 04/26/2021)
2021-08-05	65	ORDER granting Defendant's Motion for Summary Judgment as to the Category 6 records; dismissing this action. Signed by Judge Colleen Kollar-Kotelly on 8/5/21. (lcckk3) (Entered: 08/05/2021)
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