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Case TitleHELMER v. DEPARTMENT OF STATE
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2019cv01744
Date Filed2019-06-14
Date ClosedOpen
JudgeJudge Jia M. Cobb
PlaintiffJOHN HELMER Professor
Case DescriptionJohn Helmer submitted a FOIA request to the Department of State for records concerning Zelman Crown, a former Governor General of Australia who served from 1977 to 1982. The agency acknowledged receipt of the request, but after hearing nothing further from the agency, Helmer filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Vaughn index, Litigation - Attorney's fees

DefendantDEPARTMENT OF STATE
201 Center Street, NW
DC, DC 20520
DefendantU.S. DEPARTMENT OF STATE
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2019-06-141COMPLAINT against JOHN HELMER U.S.DEPARTMENT OF STATE ( Filing fee $ 400 receipt number 0090-6190093) filed by JOHN HELMER. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Civil Cover Sheet, # 6 Summons)(Temkin, Maria) (Entered: 06/14/2019)
2019-06-17Case Assigned to Judge Ketanji Brown Jackson. (zef, ) (Entered: 06/17/2019)
2019-06-172SUMMONS (1) Issued Electronically as to U.S. DEPARTMENT OF STATE. (Attachments: # 1 Notice and Consent)(zef, ) (Entered: 06/17/2019)
2019-06-183ERRATA Complaint by JOHN HELMER 1 Complaint, filed by JOHN HELMER. (Temkin, Maria) (Entered: 06/18/2019)
2019-06-264REQUEST to Issue Summons to U.S. Attorney General by JOHN HELMER (Temkin, Maria) Modified on 6/26/2019 to correct docket text (zjf). (Entered: 06/26/2019)
2019-06-265REQUEST to Issue Summons to U.S. Attorney's Office for D.C. by JOHN HELMER (Temkin, Maria) Modified on 6/26/2019 to correct docket text (jf). (Entered: 06/26/2019)
2019-06-266RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF STATE served on 6/24/2019 (Temkin, Maria) (Entered: 06/26/2019)
2019-06-287SUMMONS (2) Issued Electronically as to U.S. Attorney and U.S. Attorney General (jf) (Entered: 06/28/2019)
2019-07-088GENERAL ORDER AND GUIDELINES APPLICABLE TO FOIA CASES ASSIGNED TO JUDGE KETANJI BROWN JACKSON. The Court will hold the parties and counsel responsible for following these directives, and parties and counsel should pay particular attention to the Court's instructions for processing and production of records, batching motions, and filing exhibits. Failure to adhere to this Order may, when appropriate, result the imposition of sanctions and/or sua sponte denial of non-conforming motions. Signed by Judge Ketanji Brown Jackson on 7/8/2019. (lckbj1) (Entered: 07/08/2019)
2019-07-129NOTICE of Appearance by Damon William Taaffe on behalf of U.S. DEPARTMENT OF STATE (Taaffe, Damon) (Entered: 07/12/2019)
2019-07-1710RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 07/09/2019. (Temkin, Maria) (Entered: 07/17/2019)
2019-07-1711RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 7/9/2019. Answer due for ALL FEDERAL DEFENDANTS by 8/8/2019. (Temkin, Maria) (Entered: 07/17/2019)
2019-07-1712RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF STATE served on 7/10/2019 (Temkin, Maria) (Entered: 07/17/2019)
2019-08-0713NOTICE of Intent to Answer Complaint by U.S. DEPARTMENT OF STATE re 1 Complaint, 8 Order,, (Taaffe, Damon) (Entered: 08/07/2019)
2019-08-0914ANSWER to Complaint by U.S. DEPARTMENT OF STATE.(Taaffe, Damon) (Entered: 08/09/2019)
2019-08-09MINUTE ORDER. Before the Court in this FOIA case are a complaint and an answer. It is hereby ORDERED that the parties shall review this Court's 8 General Order and Guidelines Applicable to FOIA Cases, and promptly confer and file a joint proposed schedule for disclosure or briefing motions for summary judgment, on or before 8/23/2019. Signed by Judge Ketanji Brown Jackson on 8/9/2019. (lckbj1) (Entered: 08/09/2019)
2019-08-2115Joint STATUS REPORT by JOHN HELMER. (Temkin, Maria) (Entered: 08/21/2019)
2019-08-22MINUTE ORDER. In light of the representations in the parties' 15 Joint Status Report, it is hereby ORDERED that, on or before 10/15/2019, the parties shall file a further joint status report, which shall include a proposed schedule for further proceedings if litigation is going to be necessary. Signed by Judge Ketanji Brown Jackson on 8/22/2019. (lckbj1) (Entered: 08/22/2019)
2019-10-1516Joint STATUS REPORT by U.S. DEPARTMENT OF STATE. (Taaffe, Damon) (Entered: 10/15/2019)
2019-10-21MINUTE ORDER. In light of the representations in the parties' 16 Joint Status Report, it is hereby ORDERED that, on or before 1/15/2020, the parties shall file a further joint status report, which shall include a proposed schedule for further proceedings if litigation is going to be necessary. Signed by Judge Ketanji Brown Jackson on 10/21/2019. (jag) (Entered: 10/21/2019)
2020-01-1517Joint STATUS REPORT by U.S. DEPARTMENT OF STATE. (Taaffe, Damon) (Entered: 01/15/2020)
2020-01-1618NOTICE OF SUBSTITUTION OF COUNSEL by Brenda A. Gonzalez on behalf of U.S. DEPARTMENT OF STATE Substituting for attorney Damon Taaffe (Gonzalez, Brenda) (Entered: 01/16/2020)
2020-01-24MINUTE ORDER. In light of the representations in the parties' 17 Joint Status Report, it is hereby ORDERED that, on or before 2/28/2020, the parties shall file a further joint status report, which shall include a proposed schedule for further proceedings if litigation is going to be necessary. Signed by Judge Ketanji Brown Jackson on 1/24/2020. (jag) (Entered: 01/24/2020)
2020-02-2719Joint STATUS REPORT by U.S. DEPARTMENT OF STATE. (Gonzalez, Brenda) (Entered: 02/27/2020)
2020-02-27MINUTE ORDER. In light of the representations in the parties' 19 Joint Status Report, it is hereby ORDERED that, on or before 4/13/2020, the parties shall file a further joint status report, which shall include a proposed schedule for further proceedings if litigation is going to be necessary. Signed by Judge Ketanji Brown Jackson on 2/27/2020. (jag) (Entered: 02/27/2020)
2020-04-1320Joint STATUS REPORT by U.S. DEPARTMENT OF STATE. (Gonzalez, Brenda) (Entered: 04/13/2020)
2020-04-16MINUTE ORDER. In light of the representations in the parties' 20 Joint Status Report, it is hereby ORDERED that, on or before 5/28/2020, the parties shall file a further joint status report, which shall include a proposed schedule for further proceedings if litigation is going to be necessary. Signed by Judge Ketanji Brown Jackson on 4/16/2020. (jag) (Entered: 04/16/2020)
2020-05-2821Joint STATUS REPORT by U.S. DEPARTMENT OF STATE. (Gonzalez, Brenda) (Entered: 05/28/2020)
2020-06-10MINUTE ORDER. In light of the representations in the parties' 21 Joint Status Report, it is hereby ORDERED that, on or before 6/29/2020, the parties shall file a further joint status report, which shall include a proposed schedule for further proceedings if litigation is going to be necessary. Signed by Judge Ketanji Brown Jackson on 6/10/2020. (jag) (Entered: 06/10/2020)
2020-06-2922NOTICE of Appearance by Michael A. Tilghman on behalf of U.S. DEPARTMENT OF STATE (Tilghman, Michael) (Entered: 06/29/2020)
2020-06-2923Joint STATUS REPORT by U.S. DEPARTMENT OF STATE. (Attachments: # 1 Text of Proposed Order)(Tilghman, Michael) (Entered: 06/29/2020)
2020-06-30MINUTE ORDER. In light of the representations in the parties' 23 Joint Status Report, it is hereby ORDERED that, on or before 7/29/2020, the parties shall file a further joint status report, which shall include a proposed schedule for further proceedings if litigation is going to be necessary. Signed by Judge Ketanji Brown Jackson on 6/30/2020. (jag) (Entered: 06/30/2020)
2020-07-2924Joint STATUS REPORT by U.S. DEPARTMENT OF STATE. (Attachments: # 1 Text of Proposed Order)(Tilghman, Michael) (Entered: 07/29/2020)
2020-07-30MINUTE ORDER. In light of the representations in the parties' 24 Joint Status Report, it is hereby ORDERED that, on or before 9/15/2020, the parties shall file a further joint status report, which shall include a proposed schedule for further proceedings if litigation is going to be necessary. Signed by Judge Ketanji Brown Jackson on 7/30/2020. (jag) (Entered: 07/30/2020)
2020-09-1525Joint STATUS REPORT by U.S. DEPARTMENT OF STATE. (Attachments: # 1 Text of Proposed Order)(Tilghman, Michael) (Entered: 09/15/2020)
2020-09-2326NOTICE OF WITHDRAWAL OF APPEARANCE as to U.S. DEPARTMENT OF STATE. Attorney Brenda A Gonzalez terminated. (Gonzalez, Brenda) (Entered: 09/23/2020)
2020-10-15MINUTE ORDER. In light of the representations in the parties' 25 Joint Status Report, it is hereby ORDERED that, on or before 10/27/2020, the parties shall file a further joint status report, which shall include a proposed schedule for further proceedings if litigation is going to be necessary. Signed by Judge Ketanji Brown Jackson on 10/15/2020. (jag) (Entered: 10/15/2020)
2020-10-2727Joint STATUS REPORT by U.S. DEPARTMENT OF STATE. (Attachments: # 1 Text of Proposed Order)(Tilghman, Michael) (Entered: 10/27/2020)
2020-11-05MINUTE ORDER. In light of the representations in the parties' 27 Joint Status Report, it is hereby ORDERED that, on or before 12/18/2020, the parties shall file a further joint status report, which shall include a proposed schedule for further proceedings if litigation is going to be necessary. Signed by Judge Ketanji Brown Jackson on 11/5/2020. (jag) (Entered: 11/05/2020)
2020-12-1828Joint STATUS REPORT by U.S. DEPARTMENT OF STATE. (Attachments: # 1 Text of Proposed Order)(Tilghman, Michael) (Entered: 12/18/2020)
2020-12-29MINUTE ORDER. In light of the representations in the parties' 28 Joint Status Report, it is hereby ORDERED that, on or before 1/8/2021, the parties shall file a further joint status report, which shall include a proposed schedule for further proceedings if litigation is going to be necessary. Signed by Judge Ketanji Brown Jackson on 12/29/2020. (jag) (Entered: 12/29/2020)
2021-01-0829Joint STATUS REPORT by U.S. DEPARTMENT OF STATE. (Attachments: # 1 Text of Proposed Order)(Tilghman, Michael) (Entered: 01/08/2021)
2021-02-17MINUTE ORDER rejecting the parties' 29 Proposed Briefing Scheduleand requiring the parties to file, on or before 3/1/2021, a proposed briefing schedule that comports with this Court's 8 General Order and Guidelines. Signed by Judge Ketanji Brown Jackson on 2/17/2021. (jag) (Entered: 02/17/2021)
2021-03-0130NOTICE of Proposed Schedule (Joint) by U.S. DEPARTMENT OF STATE (Tilghman, Michael) (Entered: 03/01/2021)
2021-03-18MINUTE ORDER setting schedule for further proceedings: Plaintiff's Amended Complaint is due on or before 3/26/2021; Defendant's Answer to the Amended Complaint is due on or before 4/2/2021; Defendant's Motion for Summary Judgment shall be served on or before 4/9/2021; Plaintiff's Opposition and Cross-Motion for Summary Judgment shall be served on or before 6/8/2021; Defendant's Reply and Cross-Motion Opposition shall be served on or before 6/29/2021; Plaintiff's Cross-Motion Reply shall be served on or before 7/29/2021; briefs shall be filed as a batch within three (3) business days of the service of the last reply brief authorized by this Minute Order, but in any event no later than the Final Filing Deadline of 9/9/2021. Signed by Judge Ketanji Brown Jackson on 3/18/2021. (jag) (Entered: 03/18/2021)
2021-03-2631AMENDED COMPLAINT against U.S. DEPARTMENT OF STATE filed by JOHN HELMER. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Temkin, Maria) (Entered: 03/26/2021)
2021-04-0232ANSWER to 31 Amended Complaint by U.S. DEPARTMENT OF STATE.(Tilghman, Michael) (Entered: 04/02/2021)
2021-06-28Judge Ketanji Brown Jackson has been elevated to serve on the U.S. Court of Appeals for the D.C. Circuit. She is therefore no longer assigned to this case, and this matter has been reassigned to the Calendar Committee, which will oversee it until it is assigned to another district judge. Any questions should be directed to Judge Jackson's former deputy clerk, Gwendolyn Franklin, at 202-354-3145 or gwen_franklin@dcd.uscourts.gov. (rj) (Entered: 06/28/2021)
2021-09-0933MOTION to Dismiss for Lack of Summary Matter Jurisdiction and for Summary Judgment by U.S. DEPARTMENT OF STATE. (Attachments: # 1 Memorandum in Support, # 2 Defendant's Statement of Undisputed Material Facts, # 3 Exhibit 1 (Declaration of Eric F. Stein), # 4 Text of Proposed Order)(Tilghman, Michael) (Entered: 09/09/2021)
2021-09-0934Memorandum in opposition to re 33 MOTION to Dismiss for Lack of Summary Matter Jurisdiction and for Summary Judgment filed by JOHN HELMER. (Attachments: # 1 Statement of Facts Plaintiff's Response, # 2 Declaration of Maria Temkin, # 3 Exhibit List of Exhibits, # 4 Exhibit 1, # 5 Exhibit 2, # 6 Exhibit 3, # 7 Exhibit 4, # 8 Exhibit 5, # 9 Exhibit 6, # 10 Exhibit 7, # 11 Exhibit 8, # 12 Text of Proposed Order)(Temkin, Maria) (Entered: 09/09/2021)
2021-09-0935Cross MOTION for Summary Judgment by JOHN HELMER. (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Declaration of Maria Temkin, # 4 Exhibit List of Exhibits, # 5 Exhibit 1, # 6 Exhibit 2, # 7 Exhibit 3, # 8 Exhibit 4, # 9 Exhibit 5, # 10 Exhibit 6, # 11 Exhibit 7, # 12 Exhibit 8, # 13 Text of Proposed Order)(Temkin, Maria) (Entered: 09/09/2021)
2021-09-0936REPLY to opposition to motion re 33 MOTION to Dismiss for Lack of Summary Matter Jurisdiction and for Summary Judgment filed by U.S. DEPARTMENT OF STATE. (Attachments: # 1 Exhibit 1 (Second Declaration of Eric F. Stein))(Tilghman, Michael) (Entered: 09/09/2021)
2021-09-0937Memorandum in opposition to re 35 Cross MOTION for Summary Judgment filed by U.S. DEPARTMENT OF STATE. (Attachments: # 1 Defendant's Response to Plaintiff's Additional Statement of Undisputed Material Facts, # 2 Exhibit 1 (Second Declaration of Eric F. Stein), # 3 Text of Proposed Order)(Tilghman, Michael) (Entered: 09/09/2021)
2021-11-15Case directly reassigned to Judge Jia M. Cobb. Judge Ketanji Brown Jackson has been appointed to the D.C. Circuit and is no longer assigned to the case. (rj) (Entered: 11/15/2021)
2022-09-0838NOTICE OF SUBSTITUTION OF COUNSEL by Thomas Anthony Quinn on behalf of U.S. DEPARTMENT OF STATE Substituting for attorney Michael A. Tilghman, II (Quinn, Thomas) (Entered: 09/08/2022)
2023-05-1839NOTICE OF SUBSTITUTION OF COUNSEL by B. Kathryn Debrason on behalf of U.S. DEPARTMENT OF STATE Substituting for attorney T. Anthony Quinn (Debrason, B. Kathryn) (Entered: 05/18/2023)
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