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Case TitleCENTER FOR INVESTIGATIVE REPORTING et al v. DEPARTMENT OF STATE
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2019cv01726
Date Filed2019-06-13
Date Closed2020-05-26
JudgeJudge Trevor N. McFadden
PlaintiffCENTER FOR INVESTIGATIVE REPORTING
PlaintiffMATTHEW SMITH
Case DescriptionMatthew Smith, a staff reporter at the Center for Investigative Reporting, submitted a FOIA request to the Department of State for records concerning the extent to which the U.S. has intervened on behalf of American business interests into the investigation of former Ukrainian President Yanukovych on corruption charges. CIR also requested a fee waiver. The agency acknowledged receipt of the request and granted CIR's request for a fee waiver. However, after hearing nothing further from the agency, CIR and Smith filed suit.
Complaint issues: Litigation - Attorney's fees, Failure to respond within statutory time limit

DefendantU.S. DEPARTMENT OF STATE
DefendantDEPARTMENT OF STATE
2201 C Street, NW
DC, DC 20520
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2019-06-131COMPLAINT against DEPARTMENT OF STATE ( Filing fee $ 400 receipt number 0090-6186635) filed by CENTER FOR INVESTIGATIVE REPORTING, Matthew Smith. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Exhibit Exhibit 1 to 3 to complaint)(Clopper, John) (Attachment 1 replaced on 6/14/2019) (zef, ). (Entered: 06/13/2019)
2019-06-132LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by CENTER FOR INVESTIGATIVE REPORTING (Clopper, John) (Main Document 2 replaced on 6/14/2019) (zef, ). (Entered: 06/13/2019)
2019-06-14Case Assigned to Judge Trevor N. McFadden. (zef, ) (Entered: 06/14/2019)
2019-06-143SUMMONS (1) Issued Electronically as to U.S. DEPARTMENT OF STATE. (Attachments: # 1 Notice and Consent)(zef, ) (Entered: 06/14/2019)
2019-06-144STANDING ORDER Establishing Procedures for Cases Before Judge Trevor N. McFadden. The parties are hereby ORDERED to read and comply with the directives in the attached standing order. Signed by Judge Trevor N. McFadden on 06/14/2019. (lctnm2) (Entered: 06/14/2019)
2019-06-265AFFIDAVIT of Mailing of Summons and Complaint to U.S. Department of State by CENTER FOR INVESTIGATIVE REPORTING, MATTHEW SMITH. (Clopper, John) (Entered: 06/26/2019)
2019-06-266AFFIDAVIT of Mailing of Summons and Complaint to U.S. Attorney General by CENTER FOR INVESTIGATIVE REPORTING, MATTHEW SMITH. (Clopper, John) (Entered: 06/26/2019)
2019-06-267AFFIDAVIT of Mailing of Summons and Complaint to U.S. Attorney for the District of Columbia by CENTER FOR INVESTIGATIVE REPORTING, MATTHEW SMITH. (Clopper, John) (Entered: 06/26/2019)
2019-06-268RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 6/18/2019. (Answer due for ALL FEDERAL DEFENDANTS by 7/18/2019.) RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 6/18/2019. RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF STATE served on 6/20/2019. (See docket entries 5 6 and 7 to view document). (tth) (Entered: 06/28/2019)
2019-07-189NOTICE of Appearance by Darrell C. Valdez on behalf of U.S. DEPARTMENT OF STATE (Valdez, Darrell) (Entered: 07/18/2019)
2019-07-1810ANSWER to Complaint by U.S. DEPARTMENT OF STATE.(Valdez, Darrell) (Entered: 07/18/2019)
2019-07-19MINUTE ORDER. Before the Court are a Complaint and an Answer in this FOIA case. It is hereby ORDERED that the parties shall meet and confer and file a Joint Status Report proposing a schedule for proceeding in this matter. The schedule should address, among other things, the status of Plaintiff's FOIA request, the anticipated number of documents responsive to Plaintiff's FOIA request, the anticipated date(s) for release of the documents requested by Plaintiff, whether a motion for an Open America stay is likely in this case, whether a Vaughn index will be required in this case, and a briefing schedule for dispositive motions, if required. The parties shall file the schedule on or before August 30, 2019. Signed by Judge Trevor N. McFadden on 7/19/2019. (lctnm2) (Entered: 07/19/2019)
2019-07-22Set/Reset Deadlines: Joint Status Report due by 8/30/2019. (hmc) (Entered: 07/22/2019)
2019-08-3011Joint STATUS REPORT by U.S. DEPARTMENT OF STATE. (Valdez, Darrell) (Entered: 08/30/2019)
2019-09-04MINUTE ORDER. Upon consideration of the parties 11 Joint Status Report, it is hereby order that the parties shall submit a further Joint Status Report on or before October 4, 2019 and every 60 days thereafter. The status report should advise the Court about the Defendants processing of the Plaintiffs FOIA request and propose how the parties wish to proceed in this matter. Signed by Judge Trevor N. McFadden on 09/04/2019. (lctnm2) (Entered: 09/04/2019)
2019-09-05Set/Reset Deadlines: Joint Status Report due by 10/4/2019. (hmc) (Entered: 09/05/2019)
2019-10-0412Joint MOTION for Extension of Time to File Joint Status Repor by U.S. DEPARTMENT OF STATE (Attachments: # 1 Text of Proposed Order)(Valdez, Darrell) (Entered: 10/04/2019)
2019-10-07MINUTE ORDER granting the 12 Joint Motion for Extension of Time to File Joint Status Report. The parties shall file their next Joint Status Report on or before October 11, 2019. SO ORDERED. Signed by Judge Trevor N. McFadden on 10/7/2019 nunc pro tunc to 10/4/2019. (lctnm2) (Entered: 10/07/2019)
2019-10-07Set/Reset Deadlines: Joint Status Report due by 10/11/2019. (hmc) (Entered: 10/07/2019)
2019-10-1113Joint STATUS REPORT by U.S. DEPARTMENT OF STATE. (Valdez, Darrell) (Entered: 10/11/2019)
2019-10-15MINUTE ORDER. Upon consideration of the 13 Joint Status Report, it is hereby ORDERED that the parties shall file a further Joint Status Report on or before November 4, 2019. Signed by Judge Trevor N. McFadden on 10/15/2019. (lctnm2) (Entered: 10/15/2019)
2019-10-15Set/Reset Deadlines: Joint Status Report due by 11/4/2019. (hmc) (Entered: 10/15/2019)
2019-11-0414Joint STATUS REPORT by U.S. DEPARTMENT OF STATE. (Valdez, Darrell) (Entered: 11/04/2019)
2019-11-05MINUTE ORDER. Upon consideration of the parties' 14 Joint Status Report, it is hereby ORDERED that the parties shall file a further Joint Status Report on or before December 18, 2019. The report should inform the Court of the status of Defendant's production of documents, whether there are any outstanding issues between the parties, and whether a Vaughn index will be necessary. The report should also provide a proposed briefing schedule, if necessary. SO ORDERED. Signed by Judge Trevor N. McFadden on 11/5/2019. (lctnm2) (Entered: 11/05/2019)
2019-11-05Set/Reset Deadlines: Joint Status Report due by 12/18/2019. (zhmc) (Entered: 11/05/2019)
2019-12-1815Joint STATUS REPORT by U.S. DEPARTMENT OF STATE. (Valdez, Darrell) (Entered: 12/18/2019)
2019-12-20MINUTE ORDER. Upon consideration of the parties' 15 Joint Status Report, it is hereby ORDERED that the parties shall submit another Report on or before January 17, 2020, which shall include, at a minimum: (1) the status of the parties' ongoing discussions regarding production; (2) whether dispositive motions will be necessary and, if so, a proposed briefing schedule; and (3) whether the Defendant will submit a Vaughn Index. SO ORDERED. Signed by Judge Trevor N. McFadden on 12/20/2019. (lctnm3) (Entered: 12/20/2019)
2019-12-23Set/Reset Deadlines: Joint Status Report due by 1/17/2020. (hmc) (Entered: 12/23/2019)
2020-01-1716Joint STATUS REPORT by CENTER FOR INVESTIGATIVE REPORTING, MATTHEW SMITH. (Clopper, John) (Entered: 01/17/2020)
2020-01-21MINUTE ORDER. Upon consideration of the 16 Joint Status Report, it is hereby ORDERED that the parties shall appear for a status conference on February 10, 2020, at 10:00 a.m. in Courtroom 2, before Judge Trevor N. McFadden. SO ORDERED. Signed by Judge Trevor N. McFadden on 1/21/2020. (lctnm2) (Entered: 01/21/2020)
2020-01-21Set/Reset Hearings: Status Conference set for 2/10/2020 at 10:00 AM in Courtroom 2 before Judge Trevor N. McFadden. (hmc) (Entered: 01/21/2020)
2020-02-10Minute Entry for proceedings held before Judge Trevor N. McFadden: Status Conference held on 2/10/2020. Defendant's Motion for Summary Judgment due by 3/17/2020. Plaintiffs' Opposition to Defendant's Motion for Summary Judgment and Cross-Motion due by 4/17/2020. Defendants' Opposition to Plaintiffs' Cross-Motion and Reply due by 5/14/2020. Plaintiffs' Reply in support of their Cross-Motion due by 6/1/2020. (Court Reporter: Crystal Pilgrim.) (hmc) (Entered: 02/10/2020)
2020-03-1217Consent MOTION for Extension of Time to File Dispositive Motions by U.S. DEPARTMENT OF STATE (Attachments: # 1 Text of Proposed Order)(Valdez, Darrell) (Entered: 03/12/2020)
2020-03-12MINUTE ORDER granting Defendant's 17 Consent Motion for Extension of Time. Defendant shall file its Motion for Summary Judgment on or before March 23, 2020. Plaintiffs shall file their Opposition and Cross-Motion for Summary Judgment on or before April 23, 2020. Defendant shall file its Opposition and Reply on or before May 19, 2020. Plaintiffs shall file their Reply, if any, on or before June 5, 2020. SO ORDERED. Signed by Judge Trevor N. McFadden on 3/12/2020. (lctnm2) (Entered: 03/12/2020)
2020-03-12Set/Reset Deadlines: Defendant's Motion for Summary Judgment due by 3/23/2020. Plaintiffs' Opposition and Cross-Motion due by 4/23/2020. Defendant's Opposition and Reply due by 5/19/2020. Plaintiffs' Reply due by 6/5/2020. (hmc) (Entered: 03/12/2020)
2020-03-1818Consent MOTION for Extension of Time to File Dispositive Motions by U.S. DEPARTMENT OF STATE (Attachments: # 1 Text of Proposed Order)(Valdez, Darrell) (Entered: 03/18/2020)
2020-03-20MINUTE ORDER granting Defendant's 18 Consent Motion for Extension of Time. Defendant shall file its motion for summary judgment on or before April 6, 2020. Plaintiffs shall file their opposition and cross-motion for summary judgment on or before May 7, 2020. Defendant shall file its reply and opposition on or before June 2, 2020. Plaintiffs shall file their reply, if any, on or before June 19, 2020. SO ORDERED. Signed by Judge Trevor N. McFadden on 3/20/2020. (lctnm2) (Entered: 03/20/2020)
2020-03-20Set/Reset Deadlines: Defendant's motion for summary judgment due by 4/6/2020. Plaintiffs' opposition and cross-motion for summary judgment due by 5/7/2020. Defendant's reply and opposition due by 6/2/2020. Plaintiffs' reply due by 6/19/2020. (hmc) (Entered: 03/20/2020)
2020-04-0619MOTION for Summary Judgment by U.S. DEPARTMENT OF STATE (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Declaration, # 4 Exhibit 1, # 5 Exhibit 2, # 6 Exhibit 3, # 7 Exhibit 4, # 8 Exhibit 5, # 9 Exhibit 6, # 10 Exhibit 7, # 11 Text of Proposed Order)(Valdez, Darrell) (Entered: 04/06/2020)
2020-04-1020Consent MOTION for Leave to File Corrected Memorandum, Statement of Facts, Declaration, and Vaughn Index by U.S. DEPARTMENT OF STATE (Attachments: # 1 Exhibit Corrected Memorandum of Points And Authorities, # 2 Exhibit Corrected Statement of Material Facts, # 3 Exhibit Corrected Declaration, # 4 Exhibit Corrected Vaughn Index - Ex. 1, # 5 Text of Proposed Order)(Valdez, Darrell) (Entered: 04/10/2020)
2020-04-10MINUTE ORDER granting Defendant's 20 Consent Motion for Leave to File Corrected Documents. The Court hereby grants Defendant leave to file its [20-1] Corrected Memorandum, [20-2] Corrected Statement of Material Facts, [20-3] Corrected Declaration, and [20-4] Corrected Vaughn index. SO ORDERED. Signed by Judge Trevor N. McFadden on 4/10/2020. (lctnm2) (Entered: 04/10/2020)
2020-04-1021ERRATA by U.S. DEPARTMENT OF STATE 19 MOTION for Summary Judgment filed by U.S. DEPARTMENT OF STATE. (Attachments: # 1 Statement of Facts, # 2 Declaration, # 3 Vaugh Index)(eg) (Entered: 04/15/2020)
2020-05-0422Consent MOTION to Modify Dispositive Motion Briefing Schedule by CENTER FOR INVESTIGATIVE REPORTING, MATTHEW SMITH (Attachments: # 1 Exhibit Proposed Order)(Clopper, John) (Entered: 05/04/2020)
2020-05-04MINUTE ORDER granting Plaintiffs' 22 Consent Motion to Modify Briefing Schedule. The parties are hereby ORDERED to adhere to the following deadlines: Plaintiffs shall file their combined opposition and cross-motion for summary judgment on or before May 21, 2020. Defendant shall file its combined reply and opposition on or before June 16, 2020. Plaintiffs shall file their reply, if any, on or before July 3, 2020. If the parties reach a settlement, then they shall promptly inform the Court. SO ORDERED. Signed by Judge Trevor N. McFadden on 5/4/2020. (lctnm2) (Entered: 05/04/2020)
2020-05-04Set/Reset Deadlines: Plaintiffs' opposition and cross-motion for summary judgment due by 5/21/2020. Defendant's reply and opposition due by 6/16/2020. Plaintiffs' reply, if any, due by 7/3/2020.(hmc) (Entered: 05/04/2020)
2020-05-2123NOTICE of Settlement in Principle by CENTER FOR INVESTIGATIVE REPORTING, MATTHEW SMITH (Clopper, John) (Entered: 05/21/2020)
2020-05-2224NOTICE of Voluntary Dismissal by CENTER FOR INVESTIGATIVE REPORTING, MATTHEW SMITH (Clopper, John) (Entered: 05/22/2020)
2020-05-26MINUTE ORDER. Pursuant to the parties' 24 Stipulation of Dismissal, this matter is DISMISSED with prejudice per the terms of the stipulation. Defendant's 19 Motion for Summary Judgment is DENIED AS MOOT. The Clerk of the Court is directed to close the case. SO ORDERED. Signed by Judge Trevor N. McFadden on 5/26/2020. (lctnm2) (Entered: 05/26/2020)
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