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Case TitleSIMMONS v. U.S. DEPARTMENT OF STATE
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2019cv02058
Date Filed2019-07-11
Date ClosedOpen
JudgeJudge Tanya S. Chutkan
PlaintiffSAMARA L. A. SIMMONS
Case DescriptionSamara Simmons submitted two FOIA requests to the Department of State for a list of specific records pertaining to her. The agency acknowledged receipt of the requests but after hearing nothing further from the agency pertaining to either request, Simmons filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Vaughn index, Litigation - Attorney's fees

DefendantU.S. DEPARTMENT OF STATE
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

2019-07-111COMPLAINT against All Defendants ( Filing fee $ 400 receipt number 0090-6247167) filed by SAMARA L. A. SIMMONS. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons, # 4 Summons)(Deming, Stuart) (Entered: 07/11/2019)
2019-07-12Case Assigned to Judge Tanya S. Chutkan. (zeg) (Entered: 07/12/2019)
2019-07-122SUMMONS (3) Issued Electronically as to U.S. DEPARTMENT OF STATE, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(zeg) (Entered: 07/12/2019)
2019-07-313NOTICE of Appearance by J. Michael King on behalf of SAMARA L. A. SIMMONS (King, J. Michael) (Entered: 07/31/2019)
2019-08-164NOTICE of Appearance by Katherine Boyd Palmer-Ball on behalf of U.S. DEPARTMENT OF STATE (Palmer-Ball, Katherine) (Entered: 08/16/2019)
2019-08-195ANSWER to Complaint by U.S. DEPARTMENT OF STATE.(Palmer-Ball, Katherine) (Entered: 08/19/2019)
2019-08-28MINUTE ORDER: Before the Court in this FOIA case are a complaint and an answer. The requirements of LCvR 16.3 and Rule 26(f) of the Federal Rules of Civil procedure appear to be inapplicable. IT IS HEREBY ORDERED that the parties shall meet and confer and propose a schedule for proceeding in this matter. The schedule shall address 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, whether and when either party anticipates filing a dispositive motion, and any other pertinent issues. The parties shall file a joint status report that addresses these issues no later than 10/4/19. The joint status report shall be accompanied by a proposed order. Signed by Judge Tanya S. Chutkan on 8/28/19. (DJS) (Entered: 08/28/2019)
2019-08-29Set/Reset Deadlines: Joint Status Report due by 10/4/2019. (tb) (Entered: 08/29/2019)
2019-08-306AMENDED COMPLAINT FIRST AMENDED COMPLAINT against U.S. DEPARTMENT OF STATE filed by SAMARA L. A. SIMMONS.(Deming, Stuart) (Entered: 08/30/2019)
2019-09-137Consent MOTION for Extension of Time to File Response to Amended Complaint by U.S. DEPARTMENT OF STATE (Attachments: # 1 Text of Proposed Order)(Palmer-Ball, Katherine) (Entered: 09/13/2019)
2019-09-208Consent MOTION for Extension of Time to File Response to Amended Complaint by U.S. DEPARTMENT OF STATE (Attachments: # 1 Text of Proposed Order)(Palmer-Ball, Katherine) (Entered: 09/20/2019)
2019-09-22MINUTE ORDER: Granting nunc pro tunc 7 Motion for Extension of Time File Answer; Granting 8 Motion for Extension of Time to File Answer. Answer due September 23, 2019. Signed by Judge Tanya S. Chutkan on 9/22/19. (DJS) (Entered: 09/22/2019)
2019-09-239ANSWER to 6 Amended Complaint by U.S. DEPARTMENT OF STATE.(Palmer-Ball, Katherine) (Entered: 09/23/2019)
2019-09-23Set/Reset Deadlines: Answer due by 9/23/2019. (tb) (Entered: 09/23/2019)
2019-09-2410NOTICE of Appearance by Peter C. Hansen on behalf of SAMARA L. A. SIMMONS (Hansen, Peter) (Entered: 09/24/2019)
2019-10-0411Joint STATUS REPORT by U.S. DEPARTMENT OF STATE. (Attachments: # 1 Text of Proposed Order)(Palmer-Ball, Katherine) (Entered: 10/04/2019)
2019-10-15MINUTE ORDER: Having considered the parties' joint status report 9 , it is hereby ordered that the parties shall file another joint report and proposed order by November 22, 2019. Signed by Judge Tanya S. Chutkan on 10/15/19. (DJS) (Entered: 10/15/2019)
2019-10-16Set/Reset Deadlines: Joint Status Report due by 11/22/2019. (tb) (Entered: 10/16/2019)
2019-11-2212Joint STATUS REPORT by U.S. DEPARTMENT OF STATE. (Attachments: # 1 Text of Proposed Order)(Palmer-Ball, Katherine) (Entered: 11/22/2019)
2019-11-2213Unopposed MOTION for Leave to File Second Amended Complaint by SAMARA L. A. SIMMONS (Attachments: # 1 Text of Proposed Order Proposed Order, # 2 Exhibit Exhibit A - Second Amended Complaint)(Deming, Stuart) (Entered: 11/22/2019)
2019-11-26MINUTE ORDER: Granting 13 Unopposed Motion for Leave to File Second Amended Complaint. Signed by Judge Tanya S. Chutkan on 11/26/19. (DJS) (Entered: 11/26/2019)
2019-12-02MINUTE ORDER: Having considered the parties' joint status report 12 , it is hereby ordered that the parties shall file another joint report by January 30, 2020 and every 60 days thereafter. A proposed order shall be included to the extent the report contains a proposed briefing schedule. Signed by Judge Tanya S. Chutkan on 12/2/19. (DJS) (Entered: 12/02/2019)
2019-12-03Set/Reset Deadlines: Joint Status Report due by 1/30/2020. (tb) (Entered: 12/03/2019)
2019-12-0314AMENDED COMPLAINT against SAMARA L. A. SIMMONS filed by SAMARA L. A. SIMMONS.(ztd) (Entered: 12/03/2019)
2019-12-1715Consent MOTION for Extension of Time to Respond to Second Amended Complaint by U.S. DEPARTMENT OF STATE (Attachments: # 1 Text of Proposed Order)(Palmer-Ball, Katherine) (Entered: 12/17/2019)
2019-12-18MINUTE ORDER: Granting 15 Motion for Extension of Deadlines. Defendant shall answer or otherwise respond to the Second Amended Complaint by December 20, 2019. Signed by Judge Tanya S. Chutkan on 12/18/19. (DJS) (Entered: 12/18/2019)
2019-12-20Set/Reset Deadlines: Answer due by 12/20/2019. (tb) (Entered: 12/20/2019)
2019-12-2016ANSWER to Complaint by U.S. DEPARTMENT OF STATE.(Palmer-Ball, Katherine) (Entered: 12/20/2019)
2020-01-3017Joint STATUS REPORT by U.S. DEPARTMENT OF STATE. (Palmer-Ball, Katherine) (Entered: 01/30/2020)
2020-03-3018Joint STATUS REPORT by U.S. DEPARTMENT OF STATE. (Palmer-Ball, Katherine) (Entered: 03/30/2020)
2020-05-2819Joint STATUS REPORT by U.S. DEPARTMENT OF STATE. (Palmer-Ball, Katherine) (Entered: 05/28/2020)
2020-07-2820Joint STATUS REPORT by U.S. DEPARTMENT OF STATE. (Palmer-Ball, Katherine) (Entered: 07/28/2020)
2020-09-2821Joint STATUS REPORT by U.S. DEPARTMENT OF STATE. (Palmer-Ball, Katherine) (Entered: 09/28/2020)
2020-11-2722Joint STATUS REPORT by U.S. DEPARTMENT OF STATE. (Palmer-Ball, Katherine) (Entered: 11/27/2020)
2021-01-2623Joint STATUS REPORT by U.S. DEPARTMENT OF STATE. (Palmer-Ball, Katherine) (Entered: 01/26/2021)
2021-03-2224NOTICE OF SUBSTITUTION OF COUNSEL by Dedra Seibel Curteman on behalf of All Defendants Substituting for attorney Katherine Palmer-Bell (Curteman, Dedra) (Entered: 03/22/2021)
2021-03-2625Joint STATUS REPORT by U.S. DEPARTMENT OF STATE. (Curteman, Dedra) (Entered: 03/26/2021)
2021-05-2526Joint STATUS REPORT by U.S. DEPARTMENT OF STATE. (Curteman, Dedra) (Entered: 05/25/2021)
2021-07-2627Joint STATUS REPORT by U.S. DEPARTMENT OF STATE. (Curteman, Dedra) (Entered: 07/26/2021)
2021-09-2728Joint STATUS REPORT by U.S. DEPARTMENT OF STATE. (Curteman, Dedra) (Entered: 09/27/2021)
2021-11-2929Joint STATUS REPORT by U.S. DEPARTMENT OF STATE. (Curteman, Dedra) (Entered: 11/29/2021)
2022-01-2430Joint STATUS REPORT by U.S. DEPARTMENT OF STATE. (Curteman, Dedra) (Entered: 01/24/2022)
2022-03-2531Joint STATUS REPORT by U.S. DEPARTMENT OF STATE. (Curteman, Dedra) (Entered: 03/25/2022)
2022-05-2432Joint STATUS REPORT by U.S. DEPARTMENT OF STATE. (Curteman, Dedra) (Entered: 05/24/2022)
2022-07-2533STATUS REPORT by SAMARA L. A. SIMMONS. (Deming, Stuart) (Entered: 07/25/2022)
2022-09-2334Joint STATUS REPORT September 23, 2022 by SAMARA L. A. SIMMONS. (Deming, Stuart) (Entered: 09/23/2022)
2022-11-2135Joint STATUS REPORT by U.S. DEPARTMENT OF STATE. (Curteman, Dedra) (Entered: 11/21/2022)
2023-01-2336Joint STATUS REPORT by U.S. DEPARTMENT OF STATE. (Curteman, Dedra) (Entered: 01/23/2023)
2023-03-2437Joint STATUS REPORT by U.S. DEPARTMENT OF STATE. (Curteman, Dedra) (Entered: 03/24/2023)
2023-05-2338Joint STATUS REPORT by U.S. DEPARTMENT OF STATE. (Curteman, Dedra) (Entered: 05/23/2023)
2023-07-2439Joint MOTION for Scheduling Order by U.S. DEPARTMENT OF STATE. (Attachments: # 1 Text of Proposed Order)(Curteman, Dedra) (Entered: 07/24/2023)
2023-07-25MINUTE ORDER: Upon consideration of the parties' 39 Joint Proposal for Scheduling, it is hereby ORDERED that Plaintiff shall submit its opening motion for attorney's fees and costs by August 31, 2023; Defendant shall file its opposition by October 2, 2023; and Plaintiff shall file its reply by October 23, 2023. Signed by Judge Tanya S. Chutkan on 07/25/2023. (lcss) (Entered: 07/25/2023)
2023-07-25Set/Reset Deadlines: Motions due by 8/31/2023. Responses due by 10/2/2023. Replies due by 10/23/2023. (lsj) (Entered: 07/25/2023)
2023-08-3140MOTION for Attorney Fees by SAMARA L. A. SIMMONS. (Attachments: # 1 Memorandum in Support Memorandum in Support, # 2 Text of Proposed Order Proposed Order, # 3 Exhibit PX-01, # 4 Exhibit PX-02, # 5 Exhibit PX-03, # 6 Exhibit PX-04, # 7 Exhibit PX-05, # 8 Exhibit PX-06 - PX-26, # 9 Exhibit PX-27 - PX - 29)(Deming, Stuart) (Entered: 08/31/2023)
2023-09-2841Consent MOTION for Extension of Time to File Opposition to Plaintiff's Motion for Fees and Costs by U.S. DEPARTMENT OF STATE. (Attachments: # 1 Text of Proposed Order)(Curteman, Dedra) (Entered: 09/28/2023)
2023-10-02MINUTE ORDER: Upon consideration of Defendant's 41 Consent Motion for Extension of Time, a showing of good cause, and the entire record herein, it is hereby ORDERED that Defendant's Motion is GRANTED; and it is further ORDERED that Defendant's opposition is due on or before November 1, 2023, and Plaintiff's reply is due on or before November 22, 2023. Signed by Judge Tanya S. Chutkan on 10/02/2023. (lcd) (Entered: 10/02/2023)
2023-10-02Set/Reset Deadlines: Responses due by 11/1/2023 (zjch, ) (Entered: 10/02/2023)
2023-11-0142Memorandum in opposition to re 40 Motion for Attorney Fees, filed by U.S. DEPARTMENT OF STATE. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Text of Proposed Order)(Curteman, Dedra) (Entered: 11/01/2023)
2023-11-0243ERRATA by U.S. DEPARTMENT OF STATE re 42 Memorandum in Opposition,. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Declaration, # 10 Text of Proposed Order)(Curteman, Dedra) (Entered: 11/02/2023)
2023-11-1744Unopposed MOTION for Extension of Time to File Response/Reply as to 40 MOTION for Attorney Fees by SAMARA L. A. SIMMONS. (Attachments: # 1 Text of Proposed Order Proposed Order)(Deming, Stuart) (Entered: 11/17/2023)
2023-11-19MINUTE ORDER: Granting Plaintiff's 44 Consent Motion for Extension. Plaintiff's reply is due by December 1, 2023. Signed by Judge Tanya S. Chutkan on 11/19/2023. (lcd) (Entered: 11/19/2023)
2023-11-19Set/Reset Deadlines: Reply due by 12/1/2023. (zed) (Entered: 11/20/2023)
2023-11-2945Consent MOTION for Extension of Time to File Response/Reply to Defendant's Opposition by SAMARA L. A. SIMMONS. (Attachments: # 1 Text of Proposed Order)(Deming, Stuart) (Entered: 11/29/2023)
2023-11-29MINUTE ORDER: Granting Plaintiff's 45 Consent Motion for Extension. Plaintiff's Reply to Defendant's Memorandum in Opposition to Plaintiff's Motion for Fees and Costs is due by December 4, 2023. Signed by Judge Tanya S. Chutkan on 11/29/2023. (lcd) (Entered: 11/29/2023)
2023-12-0446REPLY to opposition to motion re 40 MOTION for Attorney Fees filed by SAMARA L. A. SIMMONS. (Attachments: # 1 Exhibit PX-30 to PX-35, # 2 Exhibit PX-36 to PX-41, # 3 Exhibit PX-42 to PX-54, # 4 Exhibit PX-55, # 5 Exhibit PX-56, # 6 Exhibit PX-57)(Deming, Stuart) (Entered: 12/04/2023)
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