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Case TitleJUDICIAL WATCH, INC. v. U.S. DEPARTMENT OF STATE
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2019cv02893
Date Filed2019-09-25
Date Closed2022-08-23
JudgeJudge Trevor N. McFadden
PlaintiffJUDICIAL WATCH, INC.
Case DescriptionJudicial Watch submitted a FOIA request to the Department of State for records concerning Victor Shokin's resignation as Ukraine's Prosecutor General and communications between the State Department and the Office of the Vice President regarding Shokin. After hearing nothing further from the agency, Judicial Watch 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

2019-09-251COMPLAINT against U.S. DEPARTMENT OF STATE ( Filing fee $ 400 receipt number 0090-6399501) filed by JUDICIAL WATCH, INC.. (Attachments: # 1 Civil Cover Sheet, # 2 Summons U.S. Attorney for the District of Columbia, # 3 Summons U.S. Attorney General, # 4 Summons U.S. Department of State)(Orfanedes, Paul) (Entered: 09/25/2019)
2019-09-252LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by JUDICIAL WATCH, INC. (Orfanedes, Paul) (Entered: 09/25/2019)
2019-09-253NOTICE of Appearance by James F. Peterson on behalf of JUDICIAL WATCH, INC. (Peterson, James) (Entered: 09/25/2019)
2019-09-30Case Assigned to Judge Trevor N. McFadden. (zeg) (Entered: 09/30/2019)
2019-09-304SUMMONS (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: 09/30/2019)
2019-09-305STANDING 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 9/30/2019. (lctnm1) (Entered: 09/30/2019)
2019-10-086RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 10/7/2019. ( Answer due for ALL FEDERAL DEFENDANTS by 11/6/2019.), RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 10/7/2019., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF STATE served on 10/7/2019 (Attachments: # 1 Declaration of Cristina Rotaru)(Orfanedes, Paul) (Entered: 10/08/2019)
2019-11-067NOTICE of Appearance by Rebecca Marie Cutri-Kohart on behalf of All Defendants (Cutri-Kohart, Rebecca) (Entered: 11/06/2019)
2019-11-068ANSWER to Complaint by U.S. DEPARTMENT OF STATE.(Cutri-Kohart, Rebecca) (Entered: 11/06/2019)
2019-11-07MINUTE 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 November 27, 2019. Signed by Judge Trevor N. McFadden on 11/07/2019. (lctnm1) (Entered: 11/07/2019)
2019-11-07Set/Reset Deadlines: Joint Status Report due by 11/27/2019. (tg) (Entered: 11/07/2019)
2019-11-279Joint STATUS REPORT by U.S. DEPARTMENT OF STATE. (Cutri-Kohart, Rebecca) (Entered: 11/27/2019)
2019-11-27MINUTE ORDER. Upon consideration of the parties' 9 Joint Status Report, the parties are hereby ORDERED to file a further Joint Status Report on or before January 6, 2020. The status report 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. SO ORDERED. Signed by Judge Trevor N. McFadden on 11/27/2019. (lctnm1) (Entered: 11/27/2019)
2019-12-02Set/Reset Deadlines: Joint Status Report due by 1/6/2020. (hmc) (Entered: 12/02/2019)
2019-12-0910Consent MOTION to Amend/Correct for Leave to File Amended Complaint by JUDICIAL WATCH, INC. (Attachments: # 1 Amended Complaint, # 2 Text of Proposed Order)(Peterson, James) (Entered: 12/09/2019)
2019-12-10MINUTE ORDER denying Plaintiff's 10 Consent Motion for Leave to File Amended Complaint. Plaintiff was directed to comply with the Court's 5 Standing Order, including Paragraph 6, which requires any amended pleadings to be accompanied by a redline comparison of the original and amended pleading. Plaintiff may re-file its motion with the accompanying amended complaint and redline comparison. SO ORDERED. Signed by Judge Trevor N. McFadden on 12/10/2019. (lctnm1) (Entered: 12/10/2019)
2019-12-1011Consent MOTION to Amend/Correct for Leave to File Amended Complaint by JUDICIAL WATCH, INC. (Attachments: # 1 Amended Complaint, # 2 Redline of Complaint, # 3 Text of Proposed Order)(Peterson, James) (Entered: 12/10/2019)
2019-12-11MINUTE ORDER granting Plaintiff's 11 Consent Motion for Leave to File Amended Complaint. The Clerk of Court is directed to docket ECF 11-1 as Plaintiff's Amended Complaint. Defendant shall answer or otherwise respond to the Amended Complaint on or before December 26, 2019. The parties are advised to follow the Court's Minute Order dated November 27, 2019, and file a Joint Status Report in compliance with that Order on or before January 6, 2020. SO ORDERED. Signed by Judge Trevor N. McFadden on 12/11/2019. (lctnm1) (Entered: 12/11/2019)
2019-12-1112AMENDED COMPLAINT against U.S. DEPARTMENT OF STATE filed by JUDICIAL WATCH, INC. (ztth) (Entered: 12/13/2019)
2019-12-16Set/Reset Deadlines: Defendant's answer to the Amended Complaint due by 12/26/2019. (hmc) (Entered: 12/16/2019)
2019-12-2013ANSWER to 12 Amended Complaint by U.S. DEPARTMENT OF STATE.(Cutri-Kohart, Rebecca) (Entered: 12/20/2019)
2020-01-0614Joint STATUS REPORT by U.S. DEPARTMENT OF STATE. (Cutri-Kohart, Rebecca) (Entered: 01/06/2020)
2020-01-06MINUTE ORDER. Upon consideration of the parties' 14 Joint Status Report, the parties are hereby ORDERED to file a further Joint Status Report on or before February 6, 2020. The status report 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. SO ORDERED. Signed by Judge Trevor N. McFadden on 1/6/2020. (lctnm1) (Entered: 01/06/2020)
2020-01-06Set/Reset Deadlines: Joint Status Report due by 2/6/2020. (hmc) (Entered: 01/06/2020)
2020-02-0615Joint STATUS REPORT by U.S. DEPARTMENT OF STATE. (Cutri-Kohart, Rebecca) (Entered: 02/06/2020)
2020-02-07MINUTE ORDER. Upon consideration of the parties' 15 Joint Status Report, Defendant shall process at least 500 pages of requested records and produce responsive records on or before March 30, 2020. The parties are hereby ORDERED to file a Joint Status Report on or before April 17, 2020. The status report should address, among other things, the status of Plaintiff's FOIA request and the anticipated date(s) for release of the remaining documents requested by Plaintiff. SO ORDERED. Signed by Judge Trevor N. McFadden on 2/7/2020. (lctnm1) (Entered: 02/07/2020)
2020-02-07Set/Reset Deadlines: Defendant's responsive records due by 3/30/2020. Joint Status Report due by 4/17/2020. (hmc) (Entered: 02/07/2020)
2020-03-2416Unopposed MOTION to Stay and for an MOTION for Extension of Time of Processing, Production, and Reporting Deadlines in Light of the COVID-19 Pandemic's Effect on Federal Government Operations by U.S. DEPARTMENT OF STATE (Attachments: # 1 Declaration of Eric F. Stein, # 2 Text of Proposed Order)(Cutri-Kohart, Rebecca). Added MOTION for Extension of Time to on 3/25/2020 (eg). (Entered: 03/24/2020)
2020-03-25MINUTE ORDER granting Defendant's 16 Unopposed Motion to Stay. It is ORDERED that Defendant's processing and production deadlines for records responsive to Plaintiff's FOIA request are STAYED. The parties shall file their next joint status report on or before May 25, 2020, addressing Defendant's ability to continue processing Plaintiff's FOIA request. SO ORDERED. Signed by Judge Trevor N. McFadden on 3/25/2020. (lctnm1) (Entered: 03/25/2020)
2020-03-26Set/Reset Deadlines: Joint Status Report due by 5/25/2020. (hmc) (Entered: 03/26/2020)
2020-05-2517Joint STATUS REPORT by U.S. DEPARTMENT OF STATE. (Cutri-Kohart, Rebecca) (Entered: 05/25/2020)
2020-05-26MINUTE ORDER. Upon consideration of the parties' 17 Joint Status Report, it is hereby ORDERED that the stay is LIFTED, and further ORDERED that Defendant shall resume processing responsive records. Defendant shall process 500 pages of potentially responsive records and release any non-exempt, responsive records to Plaintiff on or before June 26, 2020. It is further ORDERED that the parties shall submit a Joint Status Report by July 2, 2020, with a recommendation for further processing and reporting. SO ORDERED. Signed by Judge Trevor N. McFadden on 5/26/2020. (lctnm1) (Entered: 05/26/2020)
2020-05-26Set/Reset Deadlines: Defendant's responsive records due by 6/26/2020. Joint Status Report due by 7/2/2020. (hmc) (Entered: 05/26/2020)
2020-07-0218Joint STATUS REPORT by JUDICIAL WATCH, INC.. (Peterson, James) (Entered: 07/02/2020)
2020-07-06MINUTE ORDER. Upon consideration of the parties' 18 Joint Status Report, the parties shall submit a further Joint Status Report with a recommendation for further proceedings on or before October 9, 2020, or three weeks after Defendant enters Phase III of reopening, whichever comes first. SO ORDERED. Signed by Judge Trevor N. McFadden on 7/6/2020. (lctnm1) (Entered: 07/06/2020)
2020-07-06Set/Reset Deadlines: Joint Status Report due by 10/9/2020. (hmc) (Entered: 07/06/2020)
2020-10-0919Joint STATUS REPORT by JUDICIAL WATCH, INC.. (Peterson, James) (Entered: 10/09/2020)
2020-10-12MINUTE ORDER. Upon consideration of the parties' 19 Joint Status Report, the parties shall submit a further Joint Status Report with a recommendation for further proceedings on or before December 18, 2020, or three weeks after Defendant enters Phase III of reopening, whichever comes first. SO ORDERED. Signed by Judge Trevor N. McFadden on 10/12/2020. (lctnm1) (Entered: 10/12/2020)
2020-10-13Set/Reset Deadlines: Joint Status Report due by 12/18/2020. (hmc) (Entered: 10/13/2020)
2020-12-1820Joint STATUS REPORT by U.S. DEPARTMENT OF STATE. (Cutri-Kohart, Rebecca) (Entered: 12/18/2020)
2020-12-18MINUTE ORDER. Upon consideration of the parties' 20 Joint Status Report, the parties shall submit a further Joint Status Report with a recommendation for further proceedings on or before February 8, 2021. SO ORDERED. Signed by Judge Trevor N. McFadden on 12/18/2020 (lctnm1) (Entered: 12/18/2020)
2020-12-21Set/Reset Deadlines: Joint Status Report due by 2/8/2021. (hmc) (Entered: 12/21/2020)
2021-02-0821Joint STATUS REPORT by U.S. DEPARTMENT OF STATE. (Cutri-Kohart, Rebecca) (Entered: 02/08/2021)
2021-02-08MINUTE ORDER. Upon consideration of the parties' 21 Joint Status Report, the parties shall by April 30, 2021, submit a further Joint Status Report addressing the status of production and recommending further proceedings. SO ORDERED. Signed by Judge Trevor N. McFadden on 2/8/2021 (lctnm1) (Entered: 02/08/2021)
2021-02-09Set/Reset Deadlines: Joint Status Report due by 4/30/2021. (hmc) (Entered: 02/09/2021)
2021-04-3022Joint STATUS REPORT by JUDICIAL WATCH, INC.. (Peterson, James) (Entered: 04/30/2021)
2021-04-30MINUTE ORDER. Upon consideration of the parties' 22 Joint Status Report, the parties shall by June 30, 2021, submit a further Joint Status Report addressing the status of production and recommending further proceedings. SO ORDERED. Signed by Judge Trevor N. McFadden on 4/30/2021 (lctnm1) (Entered: 04/30/2021)
2021-04-30Set/Reset Deadlines: Joint Status Report due by 6/30/2021. (hmc) (Entered: 04/30/2021)
2021-06-3023Joint STATUS REPORT by U.S. DEPARTMENT OF STATE. (Cutri-Kohart, Rebecca) (Entered: 06/30/2021)
2021-06-30MINUTE ORDER. Upon consideration of the parties' 23 Joint Status Report, the parties shall by August 12, 2021, submit a further Joint Status Report addressing the status of production and recommending further proceedings. SO ORDERED. Signed by Judge Trevor N. McFadden on 6/30/2021 (lctnm1) (Entered: 06/30/2021)
2021-07-01Set/Reset Deadlines: Joint Status Report due by 8/12/2021. (hmc) (Entered: 07/01/2021)
2021-08-1224Joint STATUS REPORT by U.S. DEPARTMENT OF STATE. (Cutri-Kohart, Rebecca) (Entered: 08/12/2021)
2021-08-12MINUTE ORDER. Upon consideration of the parties' 24 Joint Status Report, the parties shall submit a further Joint Status Report recommending further proceedings by November 30, 2021, or by 21 days after the final production, whichever comes sooner. SO ORDERED. Signed by Judge Trevor N. McFadden on 8/12/2021 (lctnm1) (Entered: 08/12/2021)
2021-08-12Set/Reset Deadlines: Joint Status Report due by 11/30/2021. (hmc) (Entered: 08/12/2021)
2021-11-2325NOTICE OF SUBSTITUTION OF COUNSEL by Kristina Ann Wolfe on behalf of U.S. DEPARTMENT OF STATE Substituting for attorney Rebecca Cutri-Kohart (Wolfe, Kristina) (Entered: 11/23/2021)
2021-11-3026Joint STATUS REPORT by U.S. DEPARTMENT OF STATE. (Wolfe, Kristina) (Entered: 11/30/2021)
2021-11-30MINUTE ORDER. Upon consideration of the parties' 26 Joint Status Report, the parties shall submit a further Joint Status Report recommending further proceedings by February 28, 2021, or by 21 days after the final production, whichever comes sooner. SO ORDERED. Signed by Judge Trevor N. McFadden on 11/30/2021. (lctnm1) (Entered: 11/30/2021)
2021-11-30Set/Reset Deadlines: Joint Status Report due by 2/28/2022. (hmc) (Entered: 11/30/2021)
2022-02-2827Joint STATUS REPORT by U.S. DEPARTMENT OF STATE. (Wolfe, Kristina) (Entered: 02/28/2022)
2022-02-28MINUTE ORDER: Upon consideration of the 27 Joint Status Report, the parties are directed to file a further status report on or before May 26, 2022, or 14 days after the Defendant completes production, whichever is sooner. SO ORDERED. Signed by Judge Trevor N. McFadden on 2/28/2022. (lctnm1) (Entered: 02/28/2022)
2022-03-01Set/Reset Deadlines: Joint Status Report due by 5/26/2022. (hmc) (Entered: 03/01/2022)
2022-05-2628Joint STATUS REPORT by U.S. DEPARTMENT OF STATE. (Wolfe, Kristina) (Entered: 05/26/2022)
2022-05-27MINUTE ORDER: Upon consideration of the 28 Joint Status Report, the parties are hereby ORDERED to submit another status report on or before June 23, 2022. SO ORDERED. Signed by Judge Trevor N. McFadden on 5/27/2022. (lctnm1) (Entered: 05/27/2022)
2022-05-31Set/Reset Deadlines: Joint Status Report due by 6/23/2022. (hmc) (Entered: 05/31/2022)
2022-06-2329Joint STATUS REPORT by U.S. DEPARTMENT OF STATE. (Wolfe, Kristina) (Entered: 06/23/2022)
2022-06-23MINUTE ORDER: Upon consideration of the 29 Joint Status Report, the parties are hereby ORDERED to file another status report on or before July 22, 2022. SO ORDERED. Signed by Judge Trevor N. McFadden on 6/23/2022. (lctnm1) (Entered: 06/23/2022)
2022-06-23Set/Reset Deadlines: Joint Status Report due by 7/22/2022. (hmc) (Entered: 06/23/2022)
2022-07-2230Joint STATUS REPORT by U.S. DEPARTMENT OF STATE. (Wolfe, Kristina) (Entered: 07/22/2022)
2022-07-25MINUTE ORDER: Upon consideration of the 30 Joint Status Report, the parties are hereby ORDERED to file another status report on or before August 26, 2022. SO ORDERED. Signed by Judge Trevor N. McFadden on 7/25/2022. (lctnm1) (Entered: 07/25/2022)
2022-07-25Set/Reset Deadlines: Status Report due by 8/26/2022. (ztg) (Entered: 07/25/2022)
2022-08-2231STIPULATION of Dismissal by JUDICIAL WATCH, INC.. (Peterson, James) (Entered: 08/22/2022)
2022-08-22MINUTE ORDER: Upon consideration of the 31 Stipulation of Dismissal, this case is hereby DISMISSED with prejudice. See Fed. R. Civ. P. 41(a)(1)(A)(ii). The Clerk of Court shall close this case. SO ORDERED. Signed by Judge Trevor N. McFadden on 8/22/2022. (lctnm1) (Entered: 08/22/2022)
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