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Case TitleAMERICAN OVERSIGHT v. OFFICE OF MANAGEMENT AND BUDGET
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2019cv03213
Date Filed2019-10-25
Date Closed2021-11-22
JudgeJudge James E. Boasberg
PlaintiffAMERICAN OVERSIGHT
Case DescriptionAmerican Oversight submitted three FOIA requests to OMB for records concerning the decision to hold up funding to Ukraine and the agency's role in Ukraine policy. American Oversight also requested expedited processing for its requests. The agency acknowledged receipt of the requests but after hearing nothing further from the agency pertaining to any of its requests, American Oversight filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Expedited processing, Litigation - Attorney's fees

DefendantOFFICE OF MANAGEMENT AND BUDGET
DefendantU.S. DEPARTMENT OF DEFENSE
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
Complaint attachment 7
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2019-10-251COMPLAINT against OFFICE OF MANAGEMENT AND BUDGET ( Filing fee $ 400 receipt number ADCDC-6479781) filed by AMERICAN OVERSIGHT. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Civil Cover Sheet, # 5 Summons, # 6 Summons, # 7 Summons)(McGrath, Daniel) (Entered: 10/25/2019)
2019-10-252LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by AMERICAN OVERSIGHT (McGrath, Daniel) (Entered: 10/25/2019)
2019-10-28Case assigned to Judge James E. Boasberg. (zmc) (Entered: 10/28/2019)
2019-10-283SUMMONS (3) Issued Electronically as to OFFICE OF MANAGEMENT AND BUDGET, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(zmc) (Entered: 10/28/2019)
2019-11-074AMENDED COMPLAINT against OFFICE OF MANAGEMENT AND BUDGET, U.S. DEPARTMENT OF DEFENSE filed by AMERICAN OVERSIGHT. (Attachments: # 1 Summons, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D)(McGrath, Daniel) (Entered: 11/07/2019)
2019-11-125SUMMONS (1) Issued Electronically as to U.S. DEPARTMENT OF DEFENSE. (ztth) (Entered: 11/12/2019)
2019-11-206RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 10/29/2019. ( Answer due for ALL FEDERAL DEFENDANTS by 11/28/2019.), RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 11/4/2019., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. OFFICE OF MANAGEMENT AND BUDGET served on 11/8/2019; U.S. DEPARTMENT OF DEFENSE served on 11/18/2019 (McGrath, Daniel) (Entered: 11/20/2019)
2019-11-267MOTION for Status Conference by AMERICAN OVERSIGHT (McGrath, Daniel); Modified event and text on 11/26/2019 (ztth). (Entered: 11/26/2019)
2019-11-298ANSWER to 4 Amended Complaint by OFFICE OF MANAGEMENT AND BUDGET, U.S. DEPARTMENT OF DEFENSE.(Zhou, Grace) (Entered: 11/29/2019)
2019-12-02MINUTE ORDER: The Court ORDERS that Plaintiff's 7 Motion for Status Conference is GRANTED, and the parties shall appear on December 6, 2019, at 10:00 a.m., in advance of which they shall have conferred on a search and production schedule. So ORDERED by Judge James E. Boasberg on 12/2/2019. (lcjeb3) (Entered: 12/02/2019)
2019-12-02Set/Reset Hearings: Status Conference set for 12/6/2019 at 10:00 AM in Courtroom 25A before Judge James E. Boasberg. (znbn) (Entered: 12/02/2019)
2019-12-06MINUTE ORDER: As discussed at today's status hearing, the Court ORDERS that: 1) The parties shall submit a joint status report by December 9, 2019, setting forth their agreement on production; and 2) They shall file an additional report by December 16, 2019, updating the Court on any other agreements or disagreements. So ORDERED by Judge James E. Boasberg on 12/6/2019. (lcjeb3) (Entered: 12/06/2019)
2019-12-06Minute Entry for proceedings held before Judge James E. Boasberg: Status Conference held on 12/6/2019. Joint Status Report due by 12/9/2019. An additional Joint Status Report is due by 12/16/2019. (Court Reporter Lisa Griffith) (nbn) (Entered: 12/06/2019)
2019-12-099Joint STATUS REPORT by OFFICE OF MANAGEMENT AND BUDGET, U.S. DEPARTMENT OF DEFENSE. (Zhou, Grace) (Entered: 12/09/2019)
2019-12-1610Joint STATUS REPORT by AMERICAN OVERSIGHT. (McGrath, Daniel) (Entered: 12/16/2019)
2019-12-17MINUTE ORDER: The Court ORDERS that the parties shall file a further joint status report by January 28, 2020. So ORDERED by Judge James E. Boasberg on 12/17/2019. (lcjeb3) (Entered: 12/17/2019)
2019-12-17Set/Reset Deadlines: Joint Status Report due by 1/28/2020. (nbn) (Entered: 12/18/2019)
2020-01-2811Joint STATUS REPORT by AMERICAN OVERSIGHT. (McGrath, Daniel) (Entered: 01/28/2020)
2020-01-28MINUTE ORDER: The Court ADOPTS the parties' 11 Joint Status Report and ORDERS that they shall file a further joint status report by February 10, 2020. So ORDERED by Judge James E. Boasberg on 1/28/2020. (lcjeb3) (Entered: 01/28/2020)
2020-01-28Set/Reset Deadlines: Joint Status Report due by 2/10/2020. (znbn) (Entered: 01/29/2020)
2020-02-1012Joint STATUS REPORT by AMERICAN OVERSIGHT. (Attachments: # 1 Text of Proposed Order Defendants', # 2 Text of Proposed Order Plaintiff's)(McGrath, Daniel) (Entered: 02/10/2020)
2020-02-11MINUTE ORDER: Given that the Court has not been able to clearly understand the parties' respective positions from their 12 Joint Status Report, it ORDERS that they shall appear for a hearing on February 21, 2020, at 10:00 a.m. So ORDERED by Judge James E. Boasberg on 2/11/2020. (lcjeb3) (Entered: 02/11/2020)
2020-02-11Set/Reset Hearings: Status Conference set for 2/21/2020 at 10:00 AM in Courtroom 25A before Judge James E. Boasberg. (nbn) (Entered: 02/12/2020)
2020-02-18MINUTE ORDER: Given a conflict in the Court's schedule, the Court ORDERS that the status set for February 21, 2020, at 10:00 a.m. is VACATED and RESET for 11:30 a.m. So ORDERED by Judge James E. Boasberg on 2/18/2020. (lcjeb3) (Entered: 02/18/2020)
2020-02-18Set/Reset Hearings: Status Conference set for 2/21/2020 at 11:30 AM in Courtroom 25A before Judge James E. Boasberg. (nbn) (Entered: 02/18/2020)
2020-02-21Minute Entry for proceedings held before Judge James E. Boasberg: Status Conference held on 2/21/2020. Order forthcoming. Status Conference set for 5/15/2020 at 09:30 AM in Courtroom 25A before Judge James E. Boasberg. (Court Reporter Lisa Griffith) (nbn) (Entered: 02/21/2020)
2020-02-21MINUTE ORDER: As discussed in today's status conference, the Court ORDERS that: 1) The parties' 12 Joint Status Report is ADOPTED as to the DOD documents; 2) The OMB documents shall be produced at a rate of 300 per month starting on March 10, 2020, with the full production being completed by May 11, 2020; and 3) The parties shall appear for a further status conference, unless all disputes are resolved, on May 15, 2020, at 9:30 a.m. So ORDERED by Judge James E. Boasberg on 2/21/2020. (lcjeb3) (Entered: 02/21/2020)
2020-02-21Set/Reset Deadlines: Full production to be completed by 5/11/2020. (nbn) (Entered: 02/21/2020)
2020-03-2313Consent MOTION for Extension of Time to Complete Productions and to Vacate Status Conference by OFFICE OF MANAGEMENT AND BUDGET, U.S. DEPARTMENT OF DEFENSE (Attachments: # 1 Text of Proposed Order)(Zhou, Grace). Added MOTION to Vacate on 3/24/2020 (ztth). (Entered: 03/23/2020)
2020-03-23MINUTE ORDER: The Court GRANTS Defendants' 13 Motion for Extension of Time. It further ORDERS that: 1) Defendant Department of Defense shall make its final rolling production by April 27, 2020; 2) Defendant Office of Management and Budget shall make rolling productions on May 11, 2020 and June 10, 2020; 3) OMB shall complete its supplemental search by June 10, 2020 and will process and produce the non-exempt portions of any responsive documents at a rate of 300 documents per month beginning on July 10, 2020, with further rolling productions on the second Friday of every month; 4) The status conference set for May 15, 2020 is VACATED. So ORDERED by Judge James E. Boasberg on 3/23/2020. (lcjeb1) (Entered: 03/23/2020)
2020-03-23Set/Reset Deadlines: Production due by 7/10/2020 and the second Friday of every month. (znbn) (Entered: 03/24/2020)
2020-04-2214Consent MOTION for Extension of Time to Complete Productions by OFFICE OF MANAGEMENT AND BUDGET, U.S. DEPARTMENT OF DEFENSE (Attachments: # 1 Declaration, # 2 Text of Proposed Order)(Zhou, Grace) (Entered: 04/22/2020)
2020-04-22MINUTE ORDER GRANTING Defendants' 14 Consent Motion for Extension of Time. The Court ORDERS that the following schedule shall govern the remaining production in this case: (1) DOD shall make an interim production on April 27, 2020, and a final rolling production on May 27, 2020; (2) OMB shall make rolling productions on June 10, 2020, and July 10, 2020; and (3) OMB shall complete its supplemental search on or before July 10, 2020, and shall process and produce the non-exempt portions of any responsive documents at a rate of 300 documents per month, beginning on August 10, 2020, with further rolling productions, if necessary, the second Friday of every month. So ORDERED by Judge James E. Boasberg on 4/22/2020. (lcjeb3) (Entered: 04/22/2020)
2020-04-22Set/Reset Deadlines: OMB shall process and produce the non-exempt portions of any responsive documents at a rate of 300 documents per month, beginning on by 8/10/2020, with further rolling productions, if necessary, the second Friday of every month(nbn) (Entered: 04/23/2020)
2020-06-09MINUTE ORDER: The Court ORDERS that the parties shall submit a joint status report by August 14, 2020. So ORDERED by Judge James E. Boasberg on 6/9/2020. (lcjeb3) (Entered: 06/09/2020)
2020-06-09Set/Reset Deadlines: Joint Status Report due by 8/14/2020. (znbn) (Entered: 06/09/2020)
2020-06-2615Unopposed MOTION for Extension of Time to Complete Supplemental Search by OFFICE OF MANAGEMENT AND BUDGET (Attachments: # 1 Text of Proposed Order)(Zhou, Grace) (Entered: 06/26/2020)
2020-06-26MINUTE ORDER GRANTING Defendant's 15 Motion for Extension of Time. The Court ORDERS that OMB shall complete its supplemental search on or before August 14, 2020, and shall process and produce the non-exempt portions of any responsive documents, beginning on September 14, 2020, with further rolling productions, if necessary, the second Monday of every month. So ORDERED by Judge James E. Boasberg on 6/26/2020. (lcjeb3) (Entered: 06/26/2020)
2020-06-26Set/Reset Deadlines: OMB shall complete its supplemental search on or before August 14, 2020, and shall process and produce the non-exempt portions of any responsive documents, beginning on September 14, 2020, with further rolling productions, if necessary, the second Monday of every month. (znbn) (Entered: 06/29/2020)
2020-08-1316Consent MOTION for Extension of Time to Complete Supplemental Search by OFFICE OF MANAGEMENT AND BUDGET (Attachments: # 1 Text of Proposed Order)(Zhou, Grace) (Entered: 08/13/2020)
2020-08-13MINUTE ORDER GRANTING Consent 16 Motion for Extension of Time. The Court ORDERS that OMB shall complete its supplemental search by August 17, 2020. So ORDERED by Judge James E. Boasberg on 8/13/2020. (lcjeb1) (Entered: 08/13/2020)
2020-08-13Set/Reset Deadlines: OMB shall complete its supplemental search by 8/17/2020. (znbn) (Entered: 08/14/2020)
2020-08-1417Joint STATUS REPORT by OFFICE OF MANAGEMENT AND BUDGET, U.S. DEPARTMENT OF DEFENSE. (Zhou, Grace) (Entered: 08/14/2020)
2020-09-0218Consent MOTION for Extension of Time to Complete Classified Processing by OFFICE OF MANAGEMENT AND BUDGET (Attachments: # 1 Text of Proposed Order)(Zhou, Grace) (Entered: 09/02/2020)
2020-09-02MINUTE ORDER GRANTING Consent 18 Motion for Extension of Time. The Court ORDERS that OMB shall process and produce the non-exempt portions of any responsive documents by September 30, 2020. So ORDERED by Judge James E. Boasberg on 09/02/2020. (lcjeb3) (Entered: 09/02/2020)
2020-09-02Set/Reset Deadlines: OMB shall process and produce the non-exempt portions of any responsive documents by 9/30/2020. (znbn) (Entered: 09/02/2020)
2020-10-02MINUTE ORDER: The Court ORDERS that the parties shall submit a Joint Status Report by October 26, 2020. So ORDERED by Judge James E. Boasberg on 10/02/2020. (lcjeb3) (Entered: 10/02/2020)
2020-10-02Set/Reset Deadlines: Joint Status Report due by 10/26/2020. (znbn) (Entered: 10/02/2020)
2020-10-2619Joint STATUS REPORT by OFFICE OF MANAGEMENT AND BUDGET, U.S. DEPARTMENT OF DEFENSE. (Zhou, Grace) (Entered: 10/26/2020)
2020-10-26MINUTE ORDER: The Court ADOPTS the parties' 19 Joint Status Report and ORDERS that they shall file a further joint status report by January 29, 2021. So ORDERED by Judge James E. Boasberg on 10/26/2020. (lcjeb3) (Entered: 10/26/2020)
2020-10-26Set/Reset Deadlines: Joint Status Report due by 1/29/2021. (znbn) (Entered: 10/26/2020)
2021-01-2920Joint STATUS REPORT by OFFICE OF MANAGEMENT AND BUDGET, U.S. DEPARTMENT OF DEFENSE. (Zhou, Grace) (Entered: 01/29/2021)
2021-01-29MINUTE ORDER: The Court ADOPTS the parties' 20 Joint Status Report and ORDERS that they shall file a further joint status report by March 29, 2021. So ORDERED by Judge James E. Boasberg on 1/29/2021. (lcjeb3) (Entered: 01/29/2021)
2021-01-29Set/Reset Deadlines: Joint Status Report due by 3/29/2021. (nbn) (Entered: 02/01/2021)
2021-02-1221NOTICE of Subtitution of Counsel by Lisa Newman on behalf of All Defendants (Newman, Lisa) Modified event title on 2/16/2021 (znmw). (Entered: 02/12/2021)
2021-03-2922Joint STATUS REPORT by AMERICAN OVERSIGHT. (McGrath, Daniel) (Entered: 03/29/2021)
2021-03-29MINUTE ORDER: The Court ADOPTS the parties' 22 Joint Status Report and ORDERS that they shall file a further joint status report by April 29, 2021. So ORDERED by Judge James E. Boasberg on 03/29/2021. (lcjeb3) (Entered: 03/29/2021)
2021-03-29Set/Reset Deadlines: Joint Status Report due by 4/29/2021. (nbn) (Entered: 03/29/2021)
2021-04-2923Joint STATUS REPORT by OFFICE OF MANAGEMENT AND BUDGET, U.S. DEPARTMENT OF DEFENSE. (Newman, Lisa) (Entered: 04/29/2021)
2021-04-29MINUTE ORDER: The Court ADOPTS the parties' 23 Joint Status Report and ORDERS that they shall file a further joint status report by June 28, 2021. So ORDERED by Judge James E. Boasberg on 4/29/2021. (lcjeb3) (Entered: 04/29/2021)
2021-04-29Set/Reset Deadlines: Joint Status Report due by 6/28/2021. (nbn) (Entered: 04/29/2021)
2021-04-2924NOTICE of Appearance by Hart W. Wood on behalf of AMERICAN OVERSIGHT (Wood, Hart) (Main Document 24 replaced on 4/30/2021) (zjf). (Entered: 04/29/2021)
2021-04-2925NOTICE OF WITHDRAWAL OF APPEARANCE as to AMERICAN OVERSIGHT. Attorney Daniel Alexander McGrath terminated. (McGrath, Daniel) (Entered: 04/29/2021)
2021-06-2826Joint STATUS REPORT by OFFICE OF MANAGEMENT AND BUDGET, U.S. DEPARTMENT OF DEFENSE. (Newman, Lisa) (Entered: 06/28/2021)
2021-06-28MINUTE ORDER: The Court ADOPTS the parties' 26 Joint Status Report and ORDERS that they shall file a further joint status report by July 28, 2021. So ORDERED by Judge James E. Boasberg on 6/28/2021. (lcjeb3) (Entered: 06/28/2021)
2021-06-28Set/Reset Deadlines: Joint Status Report due by 7/28/2021. (nbn) (Entered: 06/29/2021)
2021-07-2827Joint STATUS REPORT by OFFICE OF MANAGEMENT AND BUDGET, U.S. DEPARTMENT OF DEFENSE. (Newman, Lisa) (Entered: 07/28/2021)
2021-07-2828MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Sarah M. Colombo, Filing fee $ 100, receipt number ADCDC-8630413. Fee Status: Fee Paid. by AMERICAN OVERSIGHT. (Attachments: # 1 Declaration, # 2 Text of Proposed Order)(Wood, Hart) (Entered: 07/28/2021)
2021-07-28MINUTE ORDER: The Court ADOPTS the parties' 27 Joint Status Report and ORDERS that they shall file a further joint status report by August 26, 2021. So ORDERED by Judge James E. Boasberg on 07/28/2021. (lcjeb1) (Entered: 07/28/2021)
2021-07-28MINUTE ORDER DENYING 28 Motion for Admission Pro Hac Vice of SARAH M. COLOMBO without prejudice. Because counsel engages in the practice of law from an office located in the District of Columbia, counsel's declaration must include a certification that she either is a member of the District of Columbia Bar or has an application for membership pending. See LCvR 83.2(d). So ORDERED by Judge James E. Boasberg on 7/28/2021. (lcjeb1) (Entered: 07/28/2021)
2021-07-28Set/Reset Deadlines: Joint Status Report due by 8/26/2021. (znbn) (Entered: 07/29/2021)
2021-08-2029Joint STATUS REPORT by AMERICAN OVERSIGHT. (Wood, Hart) (Entered: 08/20/2021)
2021-08-20MINUTE ORDER: The Court ADOPTS the parties' 29 Joint Status Report and ORDERS that they shall file a further joint status report by September 28, 2021. So ORDERED by Judge James E. Boasberg on 8/20/2021.(lcjeb3) (Entered: 08/20/2021)
2021-08-20Set/Reset Deadlines: Joint Status Report due by 9/28/2021. (nbn) (Entered: 08/23/2021)
2021-08-2530MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Sarah M. Colombo, Filing fee $ 100, receipt number ADCDC-8691247. Fee Status: Fee Paid. by AMERICAN OVERSIGHT. (Attachments: # 1 Declaration, # 2 Text of Proposed Order)(Wood, Hart) (Entered: 08/25/2021)
2021-08-26MINUTE ORDER GRANTING 30 Motion for Admission Pro Hac Vice of SARAH M. COLOMBO. So ORDERED by Judge James E. Boasberg on 8/26/2021. (lcjeb3) (Entered: 08/26/2021)
2021-09-2231NOTICE of Appearance by Sarah Colombo on behalf of AMERICAN OVERSIGHT (Colombo, Sarah) (Entered: 09/22/2021)
2021-09-2832Joint STATUS REPORT by AMERICAN OVERSIGHT. (Colombo, Sarah) (Entered: 09/28/2021)
2021-09-28MINUTE ORDER: The Court ADOPTS the parties' 32 Joint Status Report and ORDERS that they shall file a further joint status report by October 26, 2021. So ORDERED by Judge James E. Boasberg on 9/28/2021. (lcjeb3) (Entered: 09/28/2021)
2021-09-28Set/Reset Deadlines: Status Report due by 10/26/2021. (znbn) (Entered: 09/29/2021)
2021-10-2633Joint STATUS REPORT by AMERICAN OVERSIGHT. (Colombo, Sarah) (Entered: 10/26/2021)
2021-10-26MINUTE ORDER: The Court ADOPTS the parties' 33 Joint Status Report and ORDERS that they shall file a further joint status report by November 23, 2021. So ORDERED by Judge James E. Boasberg on 10/26/2021. (lcjeb3) (Entered: 10/26/2021)
2021-10-26Set/Reset Deadlines: Status Report due by 11/23/2021. (znbn) (Entered: 10/27/2021)
2021-11-1934STIPULATION of Dismissal by AMERICAN OVERSIGHT. (Colombo, Sarah) (Entered: 11/19/2021)
2021-11-22MINUTE ORDER: Per the parties' 34 Joint Stipulation, the Court ORDERS that the case is DISMISSED WITH PREJUDICE. SO ORDERED by Judge James E. Boasberg on 11/22/2021. (lcjeb3) (Entered: 11/22/2021)
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