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Case TitleAMERICAN OVERSIGHT v. U.S. DEPARTMENT OF STATE et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2019cv02169
Date Filed2019-07-23
Date Closed2023-12-21
JudgeJudge Carl J. Nichols
PlaintiffAMERICAN OVERSIGHT
Case DescriptionAmerican Oversight submitted FOIA requests to the Department of State and the CIA for records concerning emails sent to or from Mike Pompeo as Secretary of State or as the former director of the CIA. American Oversight also submitted two requests to the Department of State and the CIA for records concerning communications between Pompeo or his staff and Senator Tom Cotton (R-AR) or Marco Rubio (R-FL). American Oversight submitted another FOIA request to the Department of State for records concerning email chains sent to or from Pompeo from non-government email accounts. The agencies acknowledged receipt of the requests, but after hearing nothing further from the agencies, American Oversight filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Attorney's fees

DefendantU.S. DEPARTMENT OF STATE
DefendantU.S. CENTRAL INTELLIGENCE AGENCY
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2019-07-231COMPLAINT against U.S. CENTRAL INTELLIGENCE AGENCY, U.S. DEPARTMENT OF STATE ( Filing fee $ 400 receipt number 0090-6271241) filed by AMERICAN OVERSIGHT. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Summons)(Creighton, Sara) (Entered: 07/23/2019)
2019-07-232LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by AMERICAN OVERSIGHT (Creighton, Sara) (Entered: 07/23/2019)
2019-07-23Case Assigned to Judge Carl J. Nichols. (zeg) (Entered: 07/23/2019)
2019-07-233SUMMONS (4) Issued Electronically as to U.S. CENTRAL INTELLIGENCE AGENCY, U.S. DEPARTMENT OF STATE, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(zeg) (Entered: 07/23/2019)
2019-08-134RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 7/23/2019. ( Answer due for ALL FEDERAL DEFENDANTS by 8/22/2019.), RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 7/29/2019., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. CENTRAL INTELLIGENCE AGENCY served on 8/9/2019; U.S. DEPARTMENT OF STATE served on 7/29/2019 (Creighton, Sara) (Entered: 08/13/2019)
2019-08-225ANSWER to Complaint by U.S. CENTRAL INTELLIGENCE AGENCY, U.S. DEPARTMENT OF STATE.(Clark, Denise) (Entered: 08/22/2019)
2019-08-23MINUTE ORDER. Before the Court in this Freedom of Information Act case are a Complaint and an Answer. The requirements of Local Civil Rule 16.3 and Federal Rule of Civil Procedure 26(f) appear to be inapplicable. It is hereby ORDERED that the Parties shall confer and file a Joint Status Report on or before September 20, 2019. The Joint Status Report shall address: (1) the status of Plaintiff's FOIA request; (2) the anticipated number of documents responsive to Plaintiff's FOIA request; (3) the anticipated date(s) for release of the documents requested by Plaintiff; (4) whether a motion for stay is likely under Open America v. Watergate Special Prosecution Force , 547 F.2d 605 (D.C. Cir. 1976); and (5) whether the Parties anticipate summary judgment briefing and, if so, a proposed briefing schedule. Signed by Judge Carl J. Nichols on August 23, 2019. (lccjn1) (Entered: 08/23/2019)
2019-08-23Set/Reset Deadlines/Hearings: Joint Status Report due by 9/20/2019. (zcdw) (Entered: 08/25/2019)
2019-09-206Joint STATUS REPORT by U.S. CENTRAL INTELLIGENCE AGENCY, U.S. DEPARTMENT OF STATE. (Clark, Denise) (Entered: 09/20/2019)
2019-09-26MINUTE ORDER. In light of the Parties' 6 Joint Status Report, it is hereby ORDERED that the Parties shall submit an additional Joint Status Report on or before October 18, 2019. Signed by Judge Carl J. Nichols on September 26, 2019. (lccjn3) (Entered: 09/26/2019)
2019-09-26Set/Reset Deadlines/Hearings: Joint Status Report due by 10/18/2019. (zcdw) (Entered: 09/29/2019)
2019-10-187Joint STATUS REPORT by U.S. CENTRAL INTELLIGENCE AGENCY, U.S. DEPARTMENT OF STATE. (Clark, Denise) (Entered: 10/18/2019)
2019-10-25MINUTE ORDER. In light of the Parties' 7 Joint Status Report, it is hereby ORDERED that the Parties shall submit an additional Joint Status Report on or before November 18, 2019. Signed by Judge Carl J. Nichols on October 25, 2019. (lccjn3) (Entered: 10/25/2019)
2019-10-28Set/Reset Deadlines: Parties Additional Joint Status Report due by 11/18/2019. (mac) (Entered: 10/28/2019)
2019-11-188Joint STATUS REPORT by U.S. CENTRAL INTELLIGENCE AGENCY, U.S. DEPARTMENT OF STATE. (Clark, Denise) (Entered: 11/18/2019)
2019-11-269NOTICE OF SUBSTITUTION OF COUNSEL by Michelle D. Jackson on behalf of All Defendants Substituting for attorney Denise M. Clark (Jackson, Michelle) (Entered: 11/26/2019)
2019-12-11MINUTE ORDER. In light of the Parties' 8 Joint Status Report, it is hereby ORDERED that the Parties shall submit an additional Joint Status Report on or before December 18, 2019. Signed by Judge Carl J. Nichols on December 11, 2019. (lccjn3) (Entered: 12/11/2019)
2019-12-11Set/Reset Deadlines/Hearings: Joint Status Report due by 12/18/2019. (zcdw) (Entered: 12/11/2019)
2019-12-1810Joint STATUS REPORT by U.S. CENTRAL INTELLIGENCE AGENCY, U.S. DEPARTMENT OF STATE. (Jackson, Michelle) (Entered: 12/18/2019)
2019-12-23MINUTE ORDER. In light of the Parties' 10 Joint Status Report, it is hereby ORDERED that the Parties shall submit an additional Joint Status Report on or before February 14, 2020. Signed by Judge Carl J. Nichols on December 23, 2019. (lccjn3) (Entered: 12/23/2019)
2019-12-23Set/Reset Deadlines/Hearings: Joint Status Report due by 2/14/2020. (zcdw) (Entered: 12/24/2019)
2020-02-1411Joint STATUS REPORT by U.S. CENTRAL INTELLIGENCE AGENCY, U.S. DEPARTMENT OF STATE. (Jackson, Michelle) (Entered: 02/14/2020)
2020-02-18MINUTE ORDER. In light of the Parties' 11 Joint Status Report, it is hereby ORDERED that the Parties shall submit an additional Joint Status Report on or before April 14, 2020. Signed by Judge Carl J. Nichols on February 18, 2020. (lccjn3) (Entered: 02/18/2020)
2020-02-18Set/Reset Deadlines/Hearings: Joint Status Report due by 4/14/2020. (zcdw) (Entered: 02/19/2020)
2020-03-2712Unopposed MOTION to Stay re Order and Extension of the Processing, Production, and Reporting Deadlines by U.S. CENTRAL INTELLIGENCE AGENCY, U.S. DEPARTMENT OF STATE (Attachments: # 1 Text of Proposed Order, # 2 Declaration)(Jackson, Michelle) (Entered: 03/27/2020)
2020-03-30MINUTE ORDER. Upon review of Defendant's 12 Unopposed Motion for a Stay and Extension of the Processing, Production, and Reporting Deadlines, it is hereby ORDERED that the Motion is GRANTED and that this action is STAYED. It is further ORDERED that Defendants' production deadlines are STAYED until May 31, 2020, and that on the Parties shall submit an additional Joint Status Report on or before May 14, 2020, and every thirty days thereafter, apprising the Court of Defendants' FOIA operations and staffing. Signed by Judge Carl J. Nichols on March 30, 2020. (lccjn3) (Entered: 03/30/2020)
2020-03-30Set/Reset Deadlines/Hearings: Status Report due by 5/14/2020. Case Stayed. (zcdw) (Entered: 04/02/2020)
2020-05-1413NOTICE OF SUBSTITUTION OF COUNSEL by Kristin Brudy-Everett on behalf of All Defendants Substituting for attorney Michelle D. Jackson (Brudy-Everett, Kristin) (Entered: 05/14/2020)
2020-05-1414Joint STATUS REPORT by AMERICAN OVERSIGHT. (Creighton, Sara) (Entered: 05/14/2020)
2020-05-15NOTICE OF ERROR re 14 Status Report; emailed to sara.creighton@americanoversight.org, cc'd 2 associated attorneys -- The PDF file you docketed contained errors: 1. Invalid attorney signature, 2. FYI: DO NOT REFILE. Attorney Signature must match login/password. (zeg, ) (Entered: 05/15/2020)
2020-05-27MINUTE ORDER. Upon review of the Parties' 14 Joint Status Report, it is hereby ORDERED that this action and Defendants' production deadlines are STAYED until June 30, 2020. It is further ORDERED that the Parties shall submit an additional Joint Status Report on or before June 15, 2020, apprising the Court of Defendants' FOIA operations and staffing. Signed by Judge Carl J. Nichols on May 27, 2020. (lccjn3) (Entered: 05/27/2020)
2020-06-1515Joint STATUS REPORT by U.S. CENTRAL INTELLIGENCE AGENCY, U.S. DEPARTMENT OF STATE. (Brudy-Everett, Kristin) (Entered: 06/15/2020)
2020-06-22MINUTE ORDER. Upon review of the Parties' 15 Joint Status Report, it is hereby ORDERED that the Parties shall submit an additional Joint Status Report on or before July 15, 2020, apprising the Court of Defendants' FOIA operations and staffing. Signed by Judge Carl J. Nichols on June 22, 2020. (lccjn3) (Entered: 06/22/2020)
2020-06-22Set/Reset Deadlines: Joint Status Report due by 7/15/2020. (zcal) (Entered: 06/23/2020)
2020-07-1516Joint STATUS REPORT by U.S. CENTRAL INTELLIGENCE AGENCY, U.S. DEPARTMENT OF STATE. (Attachments: # 1 Declaration of Eric F. Stein)(Brudy-Everett, Kristin) (Entered: 07/15/2020)
2020-07-20MINUTE ORDER. Upon review of the Parties' 16 Joint Status Report, it is hereby ORDERED that the Parties shall submit an additional Joint Status Report on or before August 20, 2020, apprising the Court of Defendants' FOIA operations and staffing. Signed by Judge Carl J. Nichols on July 20, 2020. (lccjn3) (Entered: 07/20/2020)
2020-07-20Set/Reset Deadlines: Joint Status Report due by 8/20/2020. (zcal) (Entered: 07/20/2020)
2020-08-2017Joint STATUS REPORT by U.S. CENTRAL INTELLIGENCE AGENCY, U.S. DEPARTMENT OF STATE. (Attachments: # 1 Text of Proposed Order)(Brudy-Everett, Kristin) (Entered: 08/20/2020)
2020-09-17MINUTE ORDER. Upon review of the Parties' 17 Joint Status Report, it is hereby ORDERED that the Parties shall submit an additional Joint Status Report by September 18, 2020. Signed by Judge Carl J. Nichols on September 17, 2020. (lccjn3) (Entered: 09/17/2020)
2020-09-17Set/Reset Deadlines: Joint Status Report due by 9/18/2020. (zcal) (Entered: 09/17/2020)
2020-09-1818Joint STATUS REPORT by U.S. CENTRAL INTELLIGENCE AGENCY, U.S. DEPARTMENT OF STATE. (Attachments: # 1 Text of Proposed Order)(Brudy-Everett, Kristin) (Entered: 09/18/2020)
2020-10-01MINUTE ORDER. Upon review of the Parties' 18 Joint Status Report, it is hereby ORDERED that the Parties shall file an additional Joint Status Report by December 3, 2020. Signed by Judge Carl J. Nichols on October 1, 2020. (lccjn3) (Entered: 10/01/2020)
2020-10-01Set/Reset Deadlines: Joint Status Report due by 12/3/2020. (zcal) (Entered: 10/01/2020)
2020-12-0319Joint STATUS REPORT by U.S. CENTRAL INTELLIGENCE AGENCY, U.S. DEPARTMENT OF STATE. (Attachments: # 1 Text of Proposed Order)(Brudy-Everett, Kristin) (Entered: 12/03/2020)
2020-12-08MINUTE ORDER. Upon review of the Parties' 19 Joint Status Report, it is hereby ORDERED that they shall submit another Joint Status Report by January 14, 2021 . Signed by Judge Carl J. Nichols on December 8, 2020. (lccjn3) (Entered: 12/08/2020)
2020-12-08Set/Reset Deadlines: Joint Status Report due by 1/14/2021. (zcal) (Entered: 12/08/2020)
2021-01-1420Joint STATUS REPORT by U.S. CENTRAL INTELLIGENCE AGENCY, U.S. DEPARTMENT OF STATE. (Attachments: # 1 Text of Proposed Order)(Brudy-Everett, Kristin) (Entered: 01/14/2021)
2021-01-20MINUTE ORDER. Upon review of the Parties' 20 Joint Status Report, it is hereby ORDERED that the Parties shall file another Joint Status Report by March 15, 2021 . Signed by Judge Carl J. Nichols on January 20, 2021. (lccjn3) (Entered: 01/20/2021)
2021-01-20Set/Reset Deadlines: Joint Status Report due by 3/15/2021. (zcal) (Entered: 01/21/2021)
2021-03-1521Joint STATUS REPORT by U.S. CENTRAL INTELLIGENCE AGENCY, U.S. DEPARTMENT OF STATE. (Attachments: # 1 Text of Proposed Order)(Brudy-Everett, Kristin) (Entered: 03/15/2021)
2021-04-12MINUTE ORDER. Upon review of the Parties' 21 Joint Status Report, it is hereby ORDERED that the Parties submit another Joint Status Report by May 20, 2021. Signed by Judge Carl J. Nichols on April 12, 2021. (lccjn3) (Entered: 04/12/2021)
2021-04-12Set/Reset Deadlines: Joint Status Report due by 5/20/2021. (zcal) (Entered: 04/12/2021)
2021-05-2022Joint STATUS REPORT by U.S. CENTRAL INTELLIGENCE AGENCY, U.S. DEPARTMENT OF STATE. (Attachments: # 1 Text of Proposed Order)(Brudy-Everett, Kristin) (Entered: 05/20/2021)
2021-06-23MINUTE ORDER. Upon review of the Parties' 22 Joint Status Report, it is hereby ORDERED that they shall file another Joint Status Report on August 19, 2021. Signed by Judge Carl J. Nichols on June 23, 2021. (lccjn3) (Entered: 06/23/2021)
2021-06-23Set/Reset Deadlines: Joint Status Report due by 8/19/2021. (zcal) (Entered: 06/24/2021)
2021-06-2523NOTICE of Appearance by Khahilia Y. Shaw on behalf of AMERICAN OVERSIGHT (Shaw, Khahilia) (Entered: 06/25/2021)
2021-06-2824NOTICE OF SUBSTITUTION OF COUNSEL by Johnny Hillary Walker, III on behalf of All Defendants Substituting for attorney Kristin Brudy-Everett (Walker, Johnny) (Entered: 06/28/2021)
2021-06-3025NOTICE OF WITHDRAWAL OF APPEARANCE as to AMERICAN OVERSIGHT. Attorney Sara Kaiser Creighton terminated. (Creighton, Sara) (Entered: 06/30/2021)
2021-08-1926Joint STATUS REPORT by AMERICAN OVERSIGHT. (Shaw, Khahilia) (Entered: 08/19/2021)
2021-08-20MINUTE ORDER. Upon review of the Parties' 26 Joint Status Report, it is hereby ORDERED that the Parties file another Joint Status Report by October 22, 2021 , and every 30 days thereafter until this matter is resolved. Signed by Judge Carl J. Nichols on August 20, 2021. (lccjn3) (Entered: 08/20/2021)
2021-10-2527Joint STATUS REPORT by AMERICAN OVERSIGHT. (Shaw, Khahilia) (Entered: 10/25/2021)
2021-11-2228Joint STATUS REPORT by U.S. CENTRAL INTELLIGENCE AGENCY, U.S. DEPARTMENT OF STATE. (Moustakas, John) (Entered: 11/22/2021)
2021-11-2229ENTERED IN ERROR.....Joint STATUS REPORT by U.S. CENTRAL INTELLIGENCE AGENCY, U.S. DEPARTMENT OF STATE. (Moustakas, John) Modified on 11/24/2021 (zeg). (Entered: 11/22/2021)
2021-11-2330NOTICE OF SUBSTITUTION OF COUNSEL by John Moustakas on behalf of All Defendants Substituting for attorney Johnny Hillary Walker, III (Moustakas, John) (Entered: 11/23/2021)
2021-11-24NOTICE OF CORRECTED DOCKET ENTRY: re 29 Status Report was entered in error as duplicate to Docket Entry 28 . (zeg) (Entered: 11/24/2021)
2021-12-2031STATUS REPORT by AMERICAN OVERSIGHT. (Shaw, Khahilia) (Entered: 12/20/2021)
2022-01-2532Joint STATUS REPORT by AMERICAN OVERSIGHT. (Shaw, Khahilia) (Entered: 01/25/2022)
2022-01-28MINUTE ORDER. Upon consideration of the Parties' 32 Joint Status Report, it is hereby ORDERED that the Parties shall file their next Joint Status Report by April 9, 2022 and every 75 days thereafter until this matter is resolved. Signed by Judge Carl J. Nichols on January 28, 2022. (lccjn3) (Entered: 01/28/2022)
2022-01-28Set/Reset Deadlines: Joint Status Report due by 4/9/2022. (zcal) (Entered: 01/31/2022)
2022-04-0833Joint STATUS REPORT by AMERICAN OVERSIGHT. (Shaw, Khahilia) (Entered: 04/08/2022)
2022-06-2334Joint STATUS REPORT by AMERICAN OVERSIGHT. (Shaw, Khahilia) (Entered: 06/23/2022)
2022-09-2335Joint STATUS REPORT by AMERICAN OVERSIGHT. (Shaw, Khahilia) (Entered: 09/23/2022)
2022-12-0136Joint STATUS REPORT by AMERICAN OVERSIGHT. (Shaw, Khahilia) (Entered: 12/01/2022)
2023-02-2137Joint STATUS REPORT by AMERICAN OVERSIGHT. (Shaw, Khahilia) (Entered: 02/21/2023)
2023-05-0938Joint STATUS REPORT by AMERICAN OVERSIGHT. (Shaw, Khahilia) (Entered: 05/09/2023)
2023-07-2439Joint STATUS REPORT by AMERICAN OVERSIGHT. (Shaw, Khahilia) (Entered: 07/24/2023)
2023-10-1140Joint STATUS REPORT by AMERICAN OVERSIGHT. (Shaw, Khahilia) (Entered: 10/11/2023)
2023-12-1541STIPULATION of Dismissal by AMERICAN OVERSIGHT. (Shaw, Khahilia) (Entered: 12/15/2023)
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