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Case TitleCENTER FOR RESPONSIBLE LENDING v. OFFICE OF MANAGEMENT AND BUDGET
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2019cv00209
Date Filed2019-01-28
Date Closed2022-01-27
JudgeJudge Amy Berman Jackson
PlaintiffCENTER FOR RESPONSIBLE LENDING
Case DescriptionThe Center for Responsible Lending submitted a FOIA request to OMB for records concerning payday, vehicle title, and high-cost installment loans. CRL also requested a fee waiver. OMB acknowledged receipt of the request. After hearing nothing further from the agency, CRL filed suit.
Complaint issues: Failure to respond within statutory time limit, Public Interest Fee Waiver, 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

2019-01-281COMPLAINT against OFFICE OF MANAGEMENT AND BUDGET ( Filing fee $ 400 receipt number 0090-5912201) filed by CENTER FOR RESPONSIBLE LENDING. (Attachments: # 1 Civil Cover Sheet, # 2 Summons to OMB, # 3 Summons to the Attorney General, # 4 Summons to the U.S. Attorney)(Smullin, Rebecca) (Entered: 01/28/2019)
2019-01-282LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by CENTER FOR RESPONSIBLE LENDING (Smullin, Rebecca) (Entered: 01/28/2019)
2019-01-29Case Assigned to Judge Amy Berman Jackson. (zef, ) (Entered: 01/29/2019)
2019-01-293SUMMONS (3) Issued Electronically as to OFFICE OF MANAGEMENT AND BUDGET, U.S. Attorney and U.S. Attorney General. (Attachments: # 1 Notice and Consent)(zef, ) (Entered: 01/29/2019)
2019-01-314RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 1/29/2019. Answer due for ALL FEDERAL DEFENDANTS by 2/28/2019. (Smullin, Rebecca) (Entered: 01/31/2019)
2019-02-115RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 2/4/2019. (Smullin, Rebecca) (Entered: 02/11/2019)
2019-02-186RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. OFFICE OF MANAGEMENT AND BUDGET served on 2/6/2019 (Smullin, Rebecca) (Entered: 02/18/2019)
2019-02-287ANSWER to Complaint by OFFICE OF MANAGEMENT AND BUDGET.(Clark, Denise) (Entered: 02/28/2019)
2019-03-018ORDER. Before the Court in this FOIA case are a complaint and an answer. The requirements of Local Civil Rule 16.3 and Rule 26(f) of the Federal Rules of Civil Procedure appear to be inapplicable. 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, on or before March 29, 2019. SO ORDERED. Signed by Judge Amy Berman Jackson on 3/1/2019. (lcabj2) (Entered: 03/01/2019)
2019-03-299Joint STATUS REPORT by OFFICE OF MANAGEMENT AND BUDGET. (Clark, Denise) (Entered: 03/29/2019)
2019-04-02MINUTE ORDER. The parties must file a joint status report indicating the number of responsive documents that have been found and proposing a schedule for production (if one can be agreed upon) by April 26, 2019. The first production must be made by April 30, 2019, but the Court will not establish a processing rate until the number of responsive documents has been determined. SO ORDERED. Signed by Judge Amy Berman Jackson on 4/2/2019. (lcabj2) (Entered: 04/02/2019)
2019-04-2610Joint STATUS REPORT by OFFICE OF MANAGEMENT AND BUDGET. (Clark, Denise) (Entered: 04/26/2019)
2019-04-29MINUTE ORDER. In light of the information contained in the joint status report 10 , the parties are ORDERED to meet and confer in an effort to narrow or prioritize plaintiff's requests and to submit to the Court, by May 3, 2019, their revised proposals for a schedule that takes the burden on the agency into consideration but also provides for the completion of the effort within a more reasonable period of time. SO ORDERED. Signed by Judge Amy Berman Jackson on 4/29/2019. (lcabj2) (Entered: 04/29/2019)
2019-05-0311Joint STATUS REPORT by OFFICE OF MANAGEMENT AND BUDGET. (Clark, Denise) (Entered: 05/03/2019)
2019-05-07MINUTE ORDER. In light of the joint status report 11 , it is ORDERED that defendant must complete the searches for the prioritized custodians and provide information on the initial search and the number of potentially responsive documents to plaintiff by May 15, 2019. The parties must file a joint status report by May 17, 2019. SO ORDERED. Signed by Judge Amy Berman Jackson on 5/7/2019. (lcabj2) (Entered: 05/07/2019)
2019-05-1712Joint STATUS REPORT by OFFICE OF MANAGEMENT AND BUDGET. (Clark, Denise) (Entered: 05/17/2019)
2019-06-04MINUTE ORDER. In light of the joint status report 12 , it is ORDERED that defendant must process 400 documents per month, and defendant must produce documents on the 30th of each month, as set forth in the proposed schedule. The government should continue its efforts to eliminate as many duplicates as possible before processing. Attachments to emails will not be counted as separate documents. The parties must file a status report with the Court by July 2, 2019. SO ORDERED. Signed by Judge Amy Berman Jackson on 6/4/2019. (lcabj2) (Entered: 06/04/2019)
2019-06-04Set/Reset Deadlines: Status Report due by 7/2/2019. (tg) (Entered: 06/04/2019)
2019-07-0213Joint STATUS REPORT by CENTER FOR RESPONSIBLE LENDING. (Smullin, Rebecca) (Entered: 07/02/2019)
2019-07-08MINUTE ORDER. The parties must file another joint status report by August 16, 2019. SO ORDERED. Signed by Judge Amy Berman Jackson on 7/8/2019. (lcabj2) (Entered: 07/08/2019)
2019-08-1614Joint STATUS REPORT by CENTER FOR RESPONSIBLE LENDING. (Smullin, Rebecca) (Entered: 08/16/2019)
2019-08-20MINUTE ORDER. The parties must file another joint status report by August 21, 2019. SO ORDERED. Signed by Judge Amy Berman Jackson on 8/20/2019. (lcabj2) (Entered: 08/20/2019)
2019-08-2115Joint STATUS REPORT by OFFICE OF MANAGEMENT AND BUDGET. (Clark, Denise) (Entered: 08/21/2019)
2019-08-23MINUTE ORDER. The parties must file another joint status report by September 25, 2019. SO ORDERED. Signed by Judge Amy Berman Jackson on 8/23/2019. (lcabj2) (Entered: 08/23/2019)
2019-09-2516Joint STATUS REPORT by OFFICE OF MANAGEMENT AND BUDGET. (Clark, Denise) (Entered: 09/25/2019)
2019-09-30MINUTE ORDER. The parties must file another joint status report by December 3, 2019. SO ORDERED. Signed by Judge Amy Berman Jackson on 9/30/2019. (lcabj2) (Entered: 09/30/2019)
2019-11-2717NOTICE OF SUBSTITUTION OF COUNSEL by Michelle D. Jackson on behalf of All Defendants Substituting for attorney Denise M. Clark (Jackson, Michelle) (Entered: 11/27/2019)
2019-12-0318Joint STATUS REPORT by OFFICE OF MANAGEMENT AND BUDGET. (Jackson, Michelle) (Entered: 12/03/2019)
2019-12-04MINUTE ORDER. The parties must file another joint status report by January 21, 2020. SO ORDERED. Signed by Judge Amy Berman Jackson on 12/4/2019. (lcabj2) Modified on 12/4/2019 to reflect that the status report is due in "2020" not "2019" (jth). (Entered: 12/04/2019)
2020-01-2119Joint STATUS REPORT by OFFICE OF MANAGEMENT AND BUDGET. (Jackson, Michelle) (Entered: 01/21/2020)
2020-01-21MINUTE ORDER. The parties must file another joint status report by February 21, 2020. SO ORDERED. Signed by Judge Amy Berman Jackson on 1/21/2020. (lcabj2) (Entered: 01/21/2020)
2020-02-2120Joint STATUS REPORT by OFFICE OF MANAGEMENT AND BUDGET. (Jackson, Michelle) (Entered: 02/21/2020)
2020-02-26MINUTE ORDER. The parties must file another joint status report by March 24, 2020. SO ORDERED. Signed by Judge Amy Berman Jackson on 2/26/2020. (lcabj2) (Entered: 02/26/2020)
2020-03-0621Joint STATUS REPORT by CENTER FOR RESPONSIBLE LENDING. (Smullin, Rebecca) (Entered: 03/06/2020)
2020-03-10MINUTE ORDER. The parties must file another joint status report by April 10, 2020. SO ORDERED. Signed by Judge Amy Berman Jackson on 3/10/2020. (lcabj2) (Entered: 03/10/2020)
2020-03-2322Unopposed MOTION for Extension of Time to File Joint Status Report by OFFICE OF MANAGEMENT AND BUDGET (Attachments: # 1 Text of Proposed Order)(Jackson, Michelle) (Entered: 03/23/2020)
2020-03-2323Unopposed MOTION for Extension of Time to File Joint Status Report by OFFICE OF MANAGEMENT AND BUDGET (Attachments: # 1 Text of Proposed Order, # 2 Declaration)(Jackson, Michelle) (Entered: 03/23/2020)
2020-03-24MINUTE ORDER. It is ORDERED that defendant's motion for extension of time 23 is granted. The parties must submit a joint status report by April 21, 2020. Defendant's earlier motion for extension of time 22 is hereby denied as moot. SO ORDERED. Signed by Judge Amy Berman Jackson on 3/24/2020. (lcabj2) (Entered: 03/24/2020)
2020-04-2124Joint STATUS REPORT by CENTER FOR RESPONSIBLE LENDING. (Smullin, Rebecca) (Entered: 04/21/2020)
2020-04-21MINUTE ORDER. The parties must submit a joint status report by May 20, 2020. SO ORDERED. Signed by Judge Amy Berman Jackson on 4/21/2020. (lcabj2) (Entered: 04/21/2020)
2020-05-1425NOTICE OF SUBSTITUTION OF COUNSEL by Kristin Brudy-Everett on behalf of OFFICE OF MANAGEMENT AND BUDGET Substituting for attorney Michelle D. Jackson (Brudy-Everett, Kristin) (Entered: 05/14/2020)
2020-05-2026Joint STATUS REPORT by OFFICE OF MANAGEMENT AND BUDGET. (Brudy-Everett, Kristin) (Entered: 05/20/2020)
2020-05-21MINUTE ORDER. The parties must submit a joint status report by July 6, 2020. SO ORDERED. Signed by Judge Amy Berman Jackson on 5/21/2020. (lcabj2) (Entered: 05/21/2020)
2020-07-0627Joint STATUS REPORT by CENTER FOR RESPONSIBLE LENDING. (Smullin, Rebecca) (Entered: 07/06/2020)
2020-07-08MINUTE ORDER. The parties must submit a joint status report by July 17, 2020. SO ORDERED. Signed by Judge Amy Berman Jackson on 7/8/2020. (lcabj2) (Entered: 07/08/2020)
2020-07-1728Joint STATUS REPORT by OFFICE OF MANAGEMENT AND BUDGET. (Brudy-Everett, Kristin) (Entered: 07/17/2020)
2020-07-1929Supplemental STATUS REPORT by CENTER FOR RESPONSIBLE LENDING. (Attachments: # 1 Text of Proposed Order)(Smullin, Rebecca) (Entered: 07/19/2020)
2020-07-21MINUTE ORDER. In light of the Joint Status Report 28 and the Supplemental Status Report 29 , the parties are hereby ORDERED to meet and confer regarding the production of the CFPB-OMB records. It is FURTHER ORDERED that the parties must submit a status report, which must be a joint status report, by August 4, 2020. If the issue has not been resolved by July 31, 2020, the August 4 Joint Status Report must include a proposed schedule for the production of those records. SO ORDERED. Signed by Judge Amy Berman Jackson on 7/21/2020. (lcabj2) (Entered: 07/21/2020)
2020-08-0430Joint STATUS REPORT by CENTER FOR RESPONSIBLE LENDING. (Smullin, Rebecca) (Entered: 08/04/2020)
2020-08-05MINUTE ORDER. Defendant must product to plaintiff all responsive records for which it is not asserting exemptions and a complete draft Vaughn index by August 7, 2020. It must respond to plaintiff's questions regarding the search, withholdings, and Vaughn index by August 14, 2020. The parties must submit a joint status report by August 18, 2020. SO ORDERED. Signed by Judge Amy Berman Jackson on 8/5/2020. (lcabj2) (Entered: 08/05/2020)
2020-08-1831Joint STATUS REPORT by CENTER FOR RESPONSIBLE LENDING. (Smullin, Rebecca) (Entered: 08/18/2020)
2020-08-18MINUTE ORDER. By August 25, 2020, plaintiff will provide defendant a list of withholdings at issue and inform defendant whether plaintiff is challenging the completeness of the search. It is FURTHER ORDERED that defendant's motion for summary judgment must be filed by October 8, 2020; plaintiff's opposition and any cross-motion for summary judgment, to be supported by a single memorandum of law, must be filed by November 9, 2020; defendant's reply and cross-opposition, to be supported by a single memorandum of law, must be filed by November 30, 2020; and plaintiff's cross-reply must be filed by December 22, 2020. SO ORDERED. Signed by Judge Amy Berman Jackson on 8/18/2020. (lcabj2) (Entered: 08/18/2020)
2020-10-0732Consent MOTION to Modify the Briefing Schedule set on August 18, 2020 by OFFICE OF MANAGEMENT AND BUDGET (Brudy-Everett, Kristin) (Entered: 10/07/2020)
2020-10-08MINUTE ORDER. Consent Motion to Modify the Briefing Schedule 32 is granted. The modified schedule is as follows: Defendant's motion for summary judgment (including the Vaughn index) must be submitted by October 13, 2020. Plaintiff's combined cross-motion for summary judgment and opposition to Defendant's motion must be submitted by November 16, 2020. Defendant's combined opposition to Plaintiff's cross-motion and reply must be submitted by November 30, 2020. Plaintiff's reply must be submitted by December 22, 2020. Signed by Judge Amy Berman Jackson on October 8, 2020. (lcabj1) (Entered: 10/08/2020)
2020-10-1333Consent MOTION to Modify the Briefing Schedule set on October 8, 2020 by OFFICE OF MANAGEMENT AND BUDGET (Brudy-Everett, Kristin) (Entered: 10/13/2020)
2020-10-14MINUTE ORDER. 33 Consent Motion to Modify the Briefing Schedule is granted. Defendants motion for summary judgment, including the Vaughn index, must be submitted by October 14, 2020. Plaintiffs combined cross-motion for summary judgment and opposition to the defendants motion must be submitted by November 17, 2020. Signed by Judge Amy Berman Jackson on October 14, 2020. (lcabj1) (Entered: 10/14/2020)
2020-10-14Set/Reset Deadlines: Defendants motion for summary judgment, including the Vaughn index, is due by 10/14/2020. Plaintiffs combined cross-motion for summary judgment and opposition to the defendants motion is due by 11/17/2020.(jth) (Entered: 10/14/2020)
2020-10-1434MOTION for Summary Judgment and Statement of Facts by OFFICE OF MANAGEMENT AND BUDGET (Attachments: # 1 Exhibit A - OMB's Vaughn Index, # 2 Exhibit B - Declaration of Heather V. Walsh, # 3 Exhibit C- Plaintiff's List of Withholdings at Issue, # 4 Text of Proposed Order)(Brudy-Everett, Kristin) (Entered: 10/14/2020)
2020-11-1235Consent MOTION for Extension of Time to File Plaintiff's Cross-Motion for Summary Judgment and Opposition to Defendant's Motion for Summary Judgment , Consent MOTION to Modify Briefing Schedule by CENTER FOR RESPONSIBLE LENDING (Attachments: # 1 Text of Proposed Order)(Smullin, Rebecca) (Entered: 11/12/2020)
2020-11-12MINUTE ORDER. 35 Consent Motion for Extension of Time and to Modify Briefing Schedule is GRANTED. Plaintiff's combined cross-motion for summary judgment and opposition to defendant's motion must be submitted by November 24, 2020. Defendant's combined opposition to plaintiff's cross-motion and reply must be submitted by December 7, 2020. Plaintiff's reply must be submitted by January 11, 2021. SO ORDERED. Signed by Judge Amy Berman Jackson on 11/12/2020. (lcabj1) (Entered: 11/12/2020)
2020-11-2436Memorandum in opposition to re 34 MOTION for Summary Judgment and Statement of Facts filed by CENTER FOR RESPONSIBLE LENDING. (Attachments: # 1 Declaration of Rebecca Borne, # 2 Declaration of Rebecca Smullin, # 3 Text of Proposed Order)(Smullin, Rebecca) (Entered: 11/24/2020)
2020-11-2437Cross MOTION for Summary Judgment by CENTER FOR RESPONSIBLE LENDING (Attachments: # 1 Declaration of Rebecca Borne, # 2 Declaration of Rebecca Smullin, # 3 Text of Proposed Order)(Smullin, Rebecca) (Entered: 11/24/2020)
2020-12-0738Consent MOTION to Modify the Briefing Schedule by OFFICE OF MANAGEMENT AND BUDGET (Brudy-Everett, Kristin) (Entered: 12/07/2020)
2020-12-08MINUTE ORDER. 38 Consent Motion to Modify the Briefing Schedule is GRANTED. Defendant's combined opposition to Plaintiff's cross-motion and reply must be submitted by December 9, 2020. Plaintiff's reply must be submitted by January 13, 2021. SO ORDERED. Signed by Judge Amy Berman Jackson on 12/8/2020. (lcabj1) (Entered: 12/08/2020)
2020-12-08Set/Reset Deadline: Defendant's Reply in Support of its Motion for Summary Judgment is due by 12/9/2020. (jth) (Entered: 12/08/2020)
2020-12-0939REPLY to opposition re 34 MOTION for Summary Judgment and in Further Support of Defendant's Motion for Summary Judgment filed by OFFICE OF MANAGEMENT AND BUDGET. (Attachments: # 1 Text of Proposed Order)(Brudy-Everett, Kristin) Modified on 12/10/2020 to correct docket link (zjf). (Entered: 12/09/2020)
2020-12-0940Memorandum in opposition re 37 Cross MOTION for Summary Judgment filed by OFFICE OF MANAGEMENT AND BUDGET. (See Docket Entry 39 to view document) (zjf) (Entered: 12/10/2020)
2021-01-1341REPLY to opposition to motion re 37 Cross MOTION for Summary Judgment filed by CENTER FOR RESPONSIBLE LENDING. (Smullin, Rebecca) (Entered: 01/13/2021)
2021-06-2942NOTICE OF SUBSTITUTION OF COUNSEL by Katherine Boyd Palmer-Ball on behalf of OFFICE OF MANAGEMENT AND BUDGET Substituting for attorney Kristin D. Brudy-Everett (Palmer-Ball, Katherine) (Entered: 06/29/2021)
2021-07-1543NOTICE OF SUPPLEMENTAL AUTHORITY by CENTER FOR RESPONSIBLE LENDING (Smullin, Rebecca) (Entered: 07/15/2021)
2021-07-3044NOTICE OF SUBSTITUTION OF COUNSEL by Thomas Anthony Quinn on behalf of OFFICE OF MANAGEMENT AND BUDGET Substituting for attorney AUSA Katherine Palmer-Ball (Quinn, Thomas) (Entered: 07/30/2021)
2021-08-02MINUTE ORDER. It is ORDERED that in order to assist the Court in making a responsible de novo determination, defendant is directed to deliver to chambers for in camera inspection the documents that have been withheld from plaintiff or that have been provided to plaintiff with redactions, on or before August 6, 2021. See Ray v. Turner, 587 F.2d 1187, 1195 (D.C. Cir. 1978). Defendant may comply with this order in accordance with courthouse covid protocols by hand-delivering paper copies to the Courts Deputy Clerk or by docketing the materials as a sealed, ex parte submission; in either event, defendant must file a notice on the public record confirming its compliance with this order. SO ORDERED. Signed by Judge Amy Berman Jackson on 8/2/2021. (lcabj1) (Entered: 08/02/2021)
2021-08-0545Joint MOTION to Stay Proceedings for Two Weeks by OFFICE OF MANAGEMENT AND BUDGET. (Attachments: # 1 Text of Proposed Order)(Quinn, Thomas) (Entered: 08/05/2021)
2021-08-06MINUTE ORDER. 45 Joint Motion for Two-Week Stay is GRANTED. This case is hereby STAYED. The parties must submit a joint status report by August 20, 2021 if the case has not been dismissed by that point. SO ORDERED. Signed by Judge Amy Berman Jackson on 8/6/2021. (lcabj1) (Entered: 08/06/2021)
2021-08-0646NOTICE by OFFICE OF MANAGEMENT AND BUDGET (Quinn, Thomas) (Entered: 08/06/2021)
2021-08-2047Joint STATUS REPORT by CENTER FOR RESPONSIBLE LENDING. (Smullin, Rebecca) (Entered: 08/20/2021)
2021-08-20MINUTE ORDER. This case remains STAYED. The parties must submit a joint status report by September 9, 2021 if the case has not been dismissed by that point. SO ORDERED. Signed by Judge Amy Berman Jackson on 8/20/2021. (lcabj1) (Entered: 08/20/2021)
2021-09-0948Joint STATUS REPORT by OFFICE OF MANAGEMENT AND BUDGET. (Quinn, Thomas) (Entered: 09/09/2021)
2021-09-10MINUTE ORDER. This case remains STAYED. The parties must submit a status report by October 15, 2021 if the case has not been dismissed by that point. SO ORDERED. Signed by Judge Amy Berman Jackson on 9/10/2021. (lcabj1) (Entered: 09/10/2021)
2021-09-1049NOTICE of Appearance by Allison Marcy Zieve on behalf of CENTER FOR RESPONSIBLE LENDING (Zieve, Allison) (Entered: 09/10/2021)
2021-09-1750NOTICE OF WITHDRAWAL OF APPEARANCE as to CENTER FOR RESPONSIBLE LENDING. Attorney Rebecca H. Smullin terminated. (Smullin, Rebecca) (Entered: 09/17/2021)
2021-10-1551Joint STATUS REPORT by OFFICE OF MANAGEMENT AND BUDGET. (Quinn, Thomas) (Entered: 10/15/2021)
2021-10-18MINUTE ORDER. In light of the joint status report 51 , it is ORDERED that the parties submit another joint status report by December 15, 2021, if the case has not been dismissed by that time. Signed by Judge Amy Berman Jackson on 10/18/2021. (lcabj1) (Entered: 10/18/2021)
2021-12-1552Joint STATUS REPORT by CENTER FOR RESPONSIBLE LENDING. (Zieve, Allison) (Entered: 12/15/2021)
2021-12-16MINUTE ORDER. In light of the status report 52 , it is ORDERED that the parties submit another joint status report by January 18, 2022 if the case has not been dismissed by that point. Signed by Judge Amy Berman Jackson on 12/16/2021. (lcabj1) (Entered: 12/16/2021)
2022-01-1853Joint STATUS REPORT by OFFICE OF MANAGEMENT AND BUDGET. (Quinn, Thomas) (Entered: 01/18/2022)
2022-01-19MINUTE ORDER. The parties must submit a joint status report on January 25, 2022, if the case has not been dismissed by that date. Signed by Judge Amy Berman Jackson on 1/19/2022. (lcabj1) (Entered: 01/19/2022)
2022-01-2454STIPULATION and Order of Dismissal by CENTER FOR RESPONSIBLE LENDING. (Zieve, Allison) (Entered: 01/24/2022)
2022-01-2755STIPULATION AND ORDER OF DISMISSAL. See Order for details. Signed by Judge Amy Berman Jackson on 1/27/2022. (lcabj1) Modified on 1/27/2022 (jth). (Entered: 01/27/2022)
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