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Case TitlePUBLIC CITIZEN, INC. v. U.S. DEPARTMENT OF LABOR
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2020cv00975
Date Filed2020-04-14
Date Closed2021-03-25
JudgeJudge Tanya S. Chutkan
PlaintiffPUBLIC CITIZEN, INC.
Case DescriptionPublic Citizen submitted a FOIA request to the Department of Labor for records concerning communications between agency employees and outside entities or organizations (excluding the Justice Department) regarding supplemental prevailing wage determinations issued by DOL's National Prevailing Wage Center in 2013. Public Citizen also requested a fee waiver. The agency acknowledged receipt of the request and suggested that Public Citizen narrow the scope of its request to allow for more expeditious processing. Public Citizens declined to narrow its request. After hearing nothing further from the agency, Public Citizen filed suit.
Complaint issues: Failure to respond within statutory time limit, Public Interest Fee Waiver, Litigation - Attorney's fees

DefendantU.S. DEPARTMENT OF LABOR
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

2020-04-141COMPLAINT against U.S. DEPARTMENT OF LABOR ( Filing fee $ 400 receipt number ADCDC-7019114) filed by PUBLIC CITIZEN, INC.. (Attachments: # 1 Civil Cover Sheet, # 2 Summons to United States Attorney, # 3 Summons to Attorney General, # 4 Summons to U.S. Department of Labor)(Kirkpatrick, Michael) (Entered: 04/14/2020)
2020-04-142LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by PUBLIC CITIZEN, INC. (Kirkpatrick, Michael) (Entered: 04/14/2020)
2020-04-143NOTICE of Appearance by Adam R. Pulver on behalf of PUBLIC CITIZEN, INC. (Pulver, Adam) (Entered: 04/14/2020)
2020-04-14Case Assigned to Judge Tanya S. Chutkan. (zsb) (Entered: 04/14/2020)
2020-04-144SUMMONS (3) Issued Electronically as to U.S. DEPARTMENT OF LABOR, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(zsb) (Entered: 04/14/2020)
2020-04-205RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 4/20/2020. Answer due for ALL FEDERAL DEFENDANTS by 5/20/2020. (Kirkpatrick, Michael) (Entered: 04/20/2020)
2020-04-206RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 04/20/2020. (Kirkpatrick, Michael) (Entered: 04/20/2020)
2020-04-207RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF LABOR served on 4/20/2020 (Kirkpatrick, Michael) (Entered: 04/20/2020)
2020-05-018NOTICE of Appearance by Marsha Wellknown Yee on behalf of U.S. DEPARTMENT OF LABOR (Yee, Marsha) (Entered: 05/01/2020)
2020-05-209ANSWER to Complaint by U.S. DEPARTMENT OF LABOR.(Yee, Marsha) (Entered: 05/20/2020)
2020-05-20MINUTE 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 7/10/2020. The joint status report shall be accompanied by a proposed order. Signed by Judge Tanya S. Chutkan on 5/20/20. (DJS) (Entered: 05/20/2020)
2020-05-20Set/Reset Deadlines: Joint Status Report due by 7/10/2020. tb) (Entered: 05/20/2020)
2020-07-1010Joint STATUS REPORT by U.S. DEPARTMENT OF LABOR. (Attachments: # 1 Text of Proposed Order)(Yee, Marsha) (Entered: 07/10/2020)
2020-07-17MINUTE ORDER: Having considered the parties' joint status report 10 , it is hereby ordered that the parties shall file another joint report by August 5, 2020, in which the Defendant shall set forth the number of pages of potentiallyresponsive documents located by its search and the parties shall propose a production schedule. The report shall be accompanied by a proposed order. Signed by Judge Tanya S. Chutkan on 7/17/2020. (DJS) (Entered: 07/17/2020)
2020-07-1811NOTICE OF SUBSTITUTION OF COUNSEL by Kathleene A. Molen on behalf of U.S. DEPARTMENT OF LABOR Substituting for attorney Marsha W. Yee (Molen, Kathleene) (Entered: 07/18/2020)
2020-07-20Set/Reset Deadlines: Joint Status Report due by 8/5/2020. (tb) (Entered: 07/20/2020)
2020-08-0512Joint STATUS REPORT by U.S. DEPARTMENT OF LABOR. (Attachments: # 1 Text of Proposed Order)(Molen, Kathleene) (Entered: 08/05/2020)
2020-08-07MINUTE ORDER: Having considered the parties' joint status report 12 , it is hereby ordered that parties shall file another joint report by September 2, 2020, and every 30 days thereafter, in which the Defendant shall set forth the number of pages of potentially responsive documents located by its search. To the extent the joint report contains a production or briefing schedule, the report shall be accompanied by a proposed order. Signed by Judge Tanya S. Chutkan on 8/7/2020. (DJS) (Entered: 08/07/2020)
2020-08-08Set/Reset Deadlines: Joint Status Report due by 9/2/2020. (jth) (Entered: 08/08/2020)
2020-09-0213Joint STATUS REPORT by U.S. DEPARTMENT OF LABOR. (Attachments: # 1 Text of Proposed Order)(Molen, Kathleene) (Entered: 09/02/2020)
2020-09-09MINUTE ORDER: Having considered the parties' joint status report 13 , it is hereby ordered by September 24, 2020, DOL will produce all responsive records for the Office of the Assistant Secretary for Policy, the Office of Public Affairs, the Wage and Hour Division, and the Office of the Secretary. By that date, DOL will also review for responsiveness all of ETA's emails and provide a further update on the review for responsiveness of the SOL emails. In their next joint status report, the parties shall propose a production schedule for the remaining documents, along with a proposed order. Signed by Judge Tanya S. Chutkan on 9/9/2020. (DJS) (Entered: 09/09/2020)
2020-09-15Set/Reset Deadlines: Responsive records due by 9/24/2020. (tb) (Entered: 09/15/2020)
2020-10-0214Joint STATUS REPORT by U.S. DEPARTMENT OF LABOR. (Attachments: # 1 Text of Proposed Order)(Molen, Kathleene) (Entered: 10/02/2020)
2020-10-05MINUTE ORDER: Having considered the parties' joint status report 14 , it is hereby ordered that, by 10/26/20, DOL will process at least half of the 1,126 pages of records located by the Employment and Training Administration and produce any pages from that set that are responsive and non-exempt, and by 10/30/20, DOL will review for responsiveness all of the documents located by the Office of the Solicitor, and disclose the number of responsive documents and the total number of pages remaining to be processed and produced. Joint status reports remain due consistent with the court's 08/07/2020 Minute order. Signed by Judge Tanya S. Chutkan on 10/5/2020. (DJS) (Entered: 10/05/2020)
2020-11-0215Joint STATUS REPORT by U.S. DEPARTMENT OF LABOR. (Attachments: # 1 Text of Proposed Order Plaintiff, # 2 Text of Proposed Order Defendant)(Molen, Kathleene) (Entered: 11/02/2020)
2020-12-0216Joint STATUS REPORT by U.S. DEPARTMENT OF LABOR. (Attachments: # 1 Text of Proposed Order)(Molen, Kathleene) (Entered: 12/02/2020)
2020-12-1817MOTION for Order Compelling Production by PUBLIC CITIZEN, INC. (Attachments: # 1 Declaration of Michael T. Kirkpatrick with Exhibits 1 and 2, # 2 Text of Proposed Order)(Kirkpatrick, Michael) (Entered: 12/18/2020)
2021-01-0418Joint STATUS REPORT by U.S. DEPARTMENT OF LABOR. (Attachments: # 1 Text of Proposed Order)(Molen, Kathleene) (Entered: 01/04/2021)
2021-01-0419Memorandum in opposition to re 17 MOTION for Order Compelling Production filed by U.S. DEPARTMENT OF LABOR. (Attachments: # 1 Declaration Emily Whitten, # 2 Declaration Kathleene Molen, # 3 Text of Proposed Order)(Molen, Kathleene) (Entered: 01/04/2021)
2021-01-0420REPLY to opposition to motion re 17 MOTION for Order Compelling Production filed by PUBLIC CITIZEN, INC.. (Kirkpatrick, Michael) (Entered: 01/04/2021)
2021-01-1521NOTICE of Release of Documents by U.S. DEPARTMENT OF LABOR re 19 Memorandum in Opposition, (Molen, Kathleene) (Entered: 01/15/2021)
2021-01-26MINUTE ORDER: By 2/15/21, the parties shall meet, confer and file a joint status report. The report shall include the parties' positions on whether Plaintiff's motion 17 has been mooted by Defendant's recent release of documents. 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 1/26/21. (DJS) (Entered: 01/26/2021)
2021-01-26Set/Reset Deadlines: Joint Status Report due by 2/15/2021. (tb) (Entered: 01/26/2021)
2021-02-1522Joint STATUS REPORT by PUBLIC CITIZEN, INC.. (Attachments: # 1 Text of Proposed Order)(Kirkpatrick, Michael) (Entered: 02/15/2021)
2021-02-19MINUTE ORDER: Finding as moot 17 Plaintiff's Motion for Order to Compel Production. See Joint Status Report 22 . Signed by Judge Tanya S. Chutkan on 2/19/21. (DJS) (Entered: 02/19/2021)
2021-02-19MINUTE ORDER: Having considered the parties' joint status report 22 , it is hereby ordered that the parties shall file another joint report by 3/15/21 and every 30 days thereafter. To the exent the parties reach a settlement agreement or wish to go forward with briefing, their report shall be accompanied by a proposed order. Signed by Judge Tanya S. Chutkan on 2/19/21. (DJS) (Entered: 02/19/2021)
2021-02-22Set/Reset Deadlines: Joint Status Report due by 3/15/2021. (tb) (Entered: 02/22/2021)
2021-03-1523Joint STATUS REPORT by U.S. DEPARTMENT OF LABOR. (Attachments: # 1 Text of Proposed Order)(Molen, Kathleene) (Entered: 03/15/2021)
2021-03-2524STIPULATION of Dismissal by U.S. DEPARTMENT OF LABOR. (Molen, Kathleene) (Entered: 03/25/2021)
2021-03-25MINUTE ORDER: Having considered the parties' joint stipulation of dismissal, it is hereby ordered that this action is dismissed with prejudice. Signed by Judge Tanya S. Chutkan on 3/25/21. (DJS) (Entered: 03/25/2021)
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