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Case TitleINTERNATIONAL REFUGEE ASSISTANCE PROJECT v. DEPARTMENT OF STATE
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2019cv02931
Date Filed2019-09-30
Date ClosedOpen
JudgeJudge Tanya S. Chutkan
PlaintiffINTERNATIONAL REFUGEE ASSISTANCE PROJECT
Case DescriptionThe International Refugee Assistance Project submitted a FOIA request for records concerning the role of state and local jurisdictions in refugee resettlement and two other categories of records. IRAP also requested expedited processing. The agency acknowledged receipt of the request and denied IRAP's request for expedited processing. It told IRAP that its request was being put on the complex track for processing. IRAP filed an administrative appeal of the denial of expedited processing. After hearing nothing further from the agency, IRAP filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Vaughn index, Litigation - Attorney's fees

DefendantDEPARTMENT OF STATE
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2019-09-301COMPLAINT against DEPARTMENT OF STATE ( Filing fee $ 400 receipt number 0090-6408146) filed by INTERNATIONAL REFUGEE ASSISTANCE PROJECT. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Hirose, Mariko) (Entered: 09/30/2019)
2019-09-302CIVIL COVER SHEET by INTERNATIONAL REFUGEE ASSISTANCE PROJECT filed by INTERNATIONAL REFUGEE ASSISTANCE PROJECT.(Hirose, Mariko) (Entered: 09/30/2019)
2019-09-303REQUEST FOR SUMMONS TO ISSUE filed by INTERNATIONAL REFUGEE ASSISTANCE PROJECT.(Hirose, Mariko) (Entered: 09/30/2019)
2019-10-024MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Justin B. Cox, :Firm- International Refugee Assistance Project, :Address- P.O. Box 170208, Atlanta, GA 30317. Phone No. - (516) 701-4233. Filing fee $ 100, receipt number 0090-6413095. Fee Status: Fee Paid. by INTERNATIONAL REFUGEE ASSISTANCE PROJECT (Attachments: # 1 Declaration of Justin B. Cox)(Hirose, Mariko) (Entered: 10/02/2019)
2019-10-025MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Melissa S. Keaney, :Firm- International Refugee Assistance Project, :Address- P.O. Box 2291, Fair Oaks, CA 95628. Phone No. - (916) 546-6125. Filing fee $ 100, receipt number 0090-6413121. Fee Status: Fee Paid. by INTERNATIONAL REFUGEE ASSISTANCE PROJECT (Attachments: # 1 Declaration of Melissa S. Keaney)(Hirose, Mariko) (Entered: 10/02/2019)
2019-10-036ERRATA by INTERNATIONAL REFUGEE ASSISTANCE PROJECT 1 Complaint filed by INTERNATIONAL REFUGEE ASSISTANCE PROJECT. (Attachments: # 1 Errata)(Hirose, Mariko) (Entered: 10/03/2019)
2019-10-05Case Assigned to Judge Tanya S. Chutkan. (zsb) (Entered: 10/05/2019)
2019-10-087SUMMONS (3) Issued Electronically as to DEPARTMENT OF STATE, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(zsb) (Entered: 10/08/2019)
2019-10-188AFFIDAVIT OF SERVICE (Serena Kumalmaz) by INTERNATIONAL REFUGEE ASSISTANCE PROJECT. (Hirose, Mariko) (Entered: 10/18/2019)
2019-10-21MINUTE ORDER: Granting 5 Motion for Leave to Appear Pro Hac Vice. Melissa S. Keaney is hereby admitted pro hac vice to appear in this matter on behalf of Plaintiff. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a).For instructions visit: https://www.dcd.uscourts.gov/sites/dcd/files/NextGEN_Tutorial_for_Registering_for_E-filing.pdf . Signed by Judge Tanya S. Chutkan on 10/21/19. (DJS) (Entered: 10/21/2019)
2019-10-30MINUTE ORDER: Granting 4 Motion for Leave to Appear Pro Hac Vice. Justin B. Cox is hereby admitted pro hac vice to appear in this matter on behalf of Plaintiff. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). Click for instructions . Signed by Judge Tanya S. Chutkan on 10/30/19. (DJS) (Entered: 10/30/2019)
2019-11-049NOTICE of Appearance by Justin B. Cox on behalf of INTERNATIONAL REFUGEE ASSISTANCE PROJECT (Cox, Justin) (Entered: 11/04/2019)
2019-11-2510NOTICE of Appearance by Christopher Charles Hair on behalf of DEPARTMENT OF STATE (Hair, Christopher) (Entered: 11/25/2019)
2019-11-2511ANSWER to Complaint by DEPARTMENT OF STATE.(Hair, Christopher) (Entered: 11/25/2019)
2019-12-02MINUTE 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 1/3/20. The joint status report shall be accompanied by a proposed order. 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 1/3/2020. (tb) (Entered: 12/03/2019)
2020-01-0312Joint STATUS REPORT by DEPARTMENT OF STATE. (Hair, Christopher) (Entered: 01/03/2020)
2020-01-16MINUTE ORDER: Having considered the parties' joint status report 12 , it is hereby ordered the parties shall file another joint status report and proposed order by February 14, 2020. It is further ordered that the parties shall notify the Court when Defendant completes processing Plaintiff's FOIA request and report on whether any further litigation is required in this case. Signed by Judge Tanya S. Chutkan on 1/16/2020. (DJS) (Entered: 01/16/2020)
2020-01-17Set/Reset Deadlines: Joint Status Report due by 2/14/2020. (tb) (Entered: 01/17/2020)
2020-02-1413Joint STATUS REPORT by DEPARTMENT OF STATE. (Hair, Christopher) (Entered: 02/14/2020)
2020-02-20MINUTE ORDER: Having considered the parties' joint status report 13 , it is hereby ordered that the parties shall file another joint report by 3/14/2020 and every 30 days thereafter. To the extent the report contains a proposed production schedule or briefing schedule, the report shall be accompanied by a proposed order. Signed by Judge Tanya S. Chutkan on 2/20/2020. (DJS) (Entered: 02/20/2020)
2020-02-21Set/Reset Deadlines: Joint Status Report due by 3/14/2020. (tb) (Entered: 02/21/2020)
2020-03-1314Joint STATUS REPORT by DEPARTMENT OF STATE. (Hair, Christopher) (Entered: 03/13/2020)
2020-04-1315Consent MOTION to Stay of Productions by DEPARTMENT OF STATE (Attachments: # 1 Declaration of Eric F. Stein)(Hair, Christopher) (Entered: 04/13/2020)
2020-04-13MINUTE ORDER: Granting Consent 15 Motion to Stay. This action is hereby STAYED pending further order of the court. The Parties shall file a joint status report by May 13, 2020, informing the Court of the status of the State Department's operations. The report shall be accompanied by a proposed order. Signed by Judge Tanya S. Chutkan on 4/13/2020. (DJS) (Entered: 04/13/2020)
2020-04-14Set/Reset Deadlines: Joint Status Report due by 5/13/2020. (tb) (Entered: 04/14/2020)
2020-05-1316Joint STATUS REPORT by DEPARTMENT OF STATE. (Hair, Christopher) (Entered: 05/13/2020)
2020-05-29MINUTE ORDER: Having considered the parties' joint status report 16 , it is hereby ordered that the parties shall file another joint report by 6/12/2020. In that report the Defendant shall address the Plaintiff's contention that the Defendant's "processing difficulties... appear to be based on its discretionary decision to insist that Plaintiff's request be processed by contract employees who are unavailable due to the pandemic, even though there are State Department personnel with current access to classified systems who could safely process Plaintiff's request-or, at a minimum, could transfer to the FOIAXpress system Defendant describes" in the report. Signed by Judge Tanya S. Chutkan on 5/29/2020. (DJS) (Entered: 05/29/2020)
2020-05-29Set/Reset Deadlines: Joint Status Report due by 6/12/2020. (tb) (Entered: 05/29/2020)
2020-06-1217Joint STATUS REPORT by DEPARTMENT OF STATE. (Hair, Christopher) (Entered: 06/12/2020)
2020-06-2218NOTICE OF SUPPLEMENTAL AUTHORITY by INTERNATIONAL REFUGEE ASSISTANCE PROJECT (Attachments: # 1 Exhibit A - Letter dated June 19, 2020, # 2 Exhibit B - Tr. of TC on June 5, 2020)(Cox, Justin) (Entered: 06/22/2020)
2020-07-1419Joint STATUS REPORT by DEPARTMENT OF STATE. (Hair, Christopher) (Entered: 07/14/2020)
2020-08-1220Joint STATUS REPORT by DEPARTMENT OF STATE. (Hair, Christopher) (Entered: 08/12/2020)
2020-08-2521NOTICE OF SUBSTITUTION OF COUNSEL by Joseph F. Carilli, Jr on behalf of All Defendants Substituting for attorney Christopher Charles Hair (Carilli, Joseph) (Entered: 08/25/2020)
2020-09-1122Joint STATUS REPORT by DEPARTMENT OF STATE. (Carilli, Joseph) (Entered: 09/11/2020)
2020-09-30MINUTE ORDER: Having considered the parties' most recent status reports, it is hereby ordered that the parties shall meet, confer, and file another joint report by 11/11/2020, and every thirty days thereafter apprising the court of the progress made in the first and subsequent productions. To the extent the report contains a proposed schedule, the report shall be accompanied by a proposed order. Signed by Judge Tanya S. Chutkan on 09/30/2020. (lcfb) (Entered: 09/30/2020)
2020-10-01Set/Reset Deadlines: Joint Status Report due by 11/11/2020. (tb) (Entered: 10/01/2020)
2020-11-1223Joint STATUS REPORT by DEPARTMENT OF STATE. (Carilli, Joseph) (Entered: 11/12/2020)
2020-12-1424Joint STATUS REPORT by DEPARTMENT OF STATE. (Carilli, Joseph) (Entered: 12/14/2020)
2021-01-1325Joint STATUS REPORT by DEPARTMENT OF STATE. (Carilli, Joseph) (Entered: 01/13/2021)
2021-02-1226Joint STATUS REPORT by DEPARTMENT OF STATE. (Carilli, Joseph) (Entered: 02/12/2021)
2021-03-0927Joint STATUS REPORT by DEPARTMENT OF STATE. (Carilli, Joseph) (Entered: 03/09/2021)
2021-04-0828Joint STATUS REPORT by DEPARTMENT OF STATE. (Carilli, Joseph) (Entered: 04/08/2021)
2021-05-0629Joint STATUS REPORT by DEPARTMENT OF STATE. (Carilli, Joseph) (Entered: 05/06/2021)
2021-06-0730Joint STATUS REPORT by DEPARTMENT OF STATE. (Carilli, Joseph) (Entered: 06/07/2021)
2021-07-0931Joint STATUS REPORT by DEPARTMENT OF STATE. (Carilli, Joseph) (Entered: 07/09/2021)
2021-08-03MINUTE ORDER: A telephonic status conference is hereby scheduled for 8/16/2021 at 02:30 PM. A courtroom deputy will provide the parties with dial-in instructions. Signed by Judge Tanya S. Chutkan on 08/03/2021. (lcfb) (Entered: 08/03/2021)
2021-08-06Set/Reset Hearings: Status Conference set for 8/16/2021 at 02:30 PM in Telephonic/VTC before Judge Tanya S. Chutkan. (tb) (Entered: 08/06/2021)
2021-08-0932Joint STATUS REPORT by DEPARTMENT OF STATE. (Carilli, Joseph) (Entered: 08/09/2021)
2021-08-16MINUTE ORDER: For the reasons set forth at the telephonic status conference held on August 16, 2021, it is hereby ORDERED that the parties meet and confer, and that Defendant provide Plaintiff a Vaughn index and accompanying declaration describing the agency's search for responsive records by 10/29/2021. It is further ORDERED that the parties shall file a proposed briefing schedule for dispositive motions by 11/9/2021. Signed by Judge Tanya S. Chutkan on 08/16/2021. (lcfb) (Entered: 08/16/2021)
2021-08-16MINUTE ORDER: The parties' proposed briefing schedule due on 11/9/2021 shall be accompanied by a proposed order. Signed by Judge Tanya S. Chutkan on 8/16/21. (DJS) (Entered: 08/16/2021)
2021-08-16Minute Entry: Telephone Conference held on 8/16/2021 before Judge Tanya S. Chutkan: See Minute Order filed on 08/16/2021 for details.. (Court Reporter Bryan Wayne) (tb) (Entered: 08/17/2021)
2021-08-18Set/Reset Deadlines: Proposed Briefing Schedule due by 11/9/2021. Vaughn Index and accompanying declaration due by 10/29/2021. (tb) (Entered: 08/18/2021)
2021-11-0933Joint MOTION for Extension of Time to File Briefing Schedule by DEPARTMENT OF STATE. (Attachments: # 1 Text of Proposed Order)(Carilli, Joseph) (Entered: 11/09/2021)
2021-11-09MINUTE ORDER: Granting Joint 33 Motion for Extension of Deadlines. Joint briefing schedule and proposed order due 12/9/21. Signed by Judge Tanya S. Chutkan on 11/9/21. (DJS) (Entered: 11/09/2021)
2021-11-09Set/Reset Deadline: Joint Briefing Schedule and Proposed Order are due by 12/9/21. (jth) (Entered: 11/10/2021)
2021-12-0234NOTICE of Appearance by Melissa S. Keaney on behalf of INTERNATIONAL REFUGEE ASSISTANCE PROJECT (Keaney, Melissa) (Main Document 34 replaced on 12/3/2021) (znmw). (Entered: 12/02/2021)
2021-12-0835NOTICE OF SUBSTITUTION OF COUNSEL by Christopher Charles Hair on behalf of All Defendants Substituting for attorney Joseph F. Carilli, Jr. (Hair, Christopher) (Entered: 12/08/2021)
2021-12-1536MOTION to Withdraw as Attorney Justin B. Cox by INTERNATIONAL REFUGEE ASSISTANCE PROJECT. (Attachments: # 1 Text of Proposed Order)(Cox, Justin) (Entered: 12/15/2021)
2021-12-16MINUTE ORDER: Granting 36 Motion to Withdraw as Attorney. Attorney Justin B. Cox terminated. Signed by Judge Tanya S. Chutkan on 12/16/21. (DJS) (Entered: 12/16/2021)
2021-12-1737Joint MOTION for Extension of Time to File Proposed Briefing Schedule (nunc pro tunc) by DEPARTMENT OF STATE. (Hair, Christopher) (Entered: 12/17/2021)
2021-12-21MINUTE ORDER: Granting Joint 37 Motion for Extension of Deadlines. The parties shall file a joint status report by 1/31/22 and every 30 days thereafter. To the extent the report contains a proposed briefing schedule, the report shall be accompanied by a proposed order. Signed by Judge Tanya S. Chutkan on 12/21/21. (DJS) (Entered: 12/21/2021)
2021-12-23Set/Reset Deadlines: Joint Status Report due by 1/31/2022. (tb) (Entered: 12/23/2021)
2022-01-3138Joint STATUS REPORT by DEPARTMENT OF STATE. (Hair, Christopher) (Entered: 01/31/2022)
2022-03-0239Joint STATUS REPORT by INTERNATIONAL REFUGEE ASSISTANCE PROJECT. (Keaney, Melissa) (Entered: 03/02/2022)
2022-03-0240Joint STATUS REPORT by DEPARTMENT OF STATE. (Hair, Christopher) (Entered: 03/02/2022)
2022-03-1641STIPULATION of Dismissal by DEPARTMENT OF STATE. (Hair, Christopher) (Entered: 03/16/2022)
2022-04-29MINUTE ORDER: Having considered the parties' Stipulation of Dismissal, it is hereby ordered that this action is Dismissed with prejudice. Signed by Judge Tanya S. Chutkan on 4/29/22. (DJS) (Entered: 04/29/2022)
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