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Case TitleGOVERNMENT ACCOUNTABILITY PROJECT v. U.S. DEPARTMENT OF TREASURY
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2020cv02138
Date Filed2020-08-05
Date ClosedOpen
JudgeJudge Tanya S. Chutkan
PlaintiffGOVERNMENT ACCOUNTABILITY PROJECT
Case DescriptionGovernment Accountability Project submitted a FOIA request to the Department of Treasury for records concerning the application to the Office of Foreign Assets Control for a license for Delta Crescent Petroleum. GAO also requested expedited processing and a fee waiver. The agency acknowledged receipt of the request. OFAC denied GAP's request for expedited processing. GAP then filed suit.
Complaint issues: Failure to respond within statutory time limit, Expedited processing, Adequacy - Search, Litigation - Attorney's fees

DefendantU.S. DEPARTMENT OF TREASURY
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

2020-08-051COMPLAINT against U.S. DEPARTMENT OF TREASURY ( Filing fee $ 400 receipt number ADCDC-7428733) filed by GOVERNMENT ACCOUNTABILITY PROJECT. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Civil Cover Sheet, # 5 Summons)(Burday, Joshua) (Entered: 08/05/2020)
2020-08-052NOTICE of Appearance by Joshua Hart Burday on behalf of GOVERNMENT ACCOUNTABILITY PROJECT (Burday, Joshua) (Entered: 08/05/2020)
2020-08-053NOTICE of Appearance by Matthew Topic on behalf of GOVERNMENT ACCOUNTABILITY PROJECT (Topic, Matthew) (Entered: 08/05/2020)
2020-08-06Case Assigned to Judge Tanya S. Chutkan. (zsb) (Entered: 08/06/2020)
2020-08-064SUMMONS (3) Issued Electronically as to U.S. DEPARTMENT OF TREASURY, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(zsb) (Entered: 08/06/2020)
2020-09-145ANSWER to Complaint by U.S. DEPARTMENT OF TREASURY.(Chang, William) (Entered: 09/14/2020)
2020-09-15MINUTE 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 10/29/2020. The joint status report shall be accompanied by a proposed order. Signed by Judge Tanya S. Chutkan on 9/15/2020. (DJS) (Entered: 09/15/2020)
2020-09-16Set/Reset Deadlines: Joint Status Report due by 10/29/2020. (tb) (Entered: 09/16/2020)
2020-09-296RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF TREASURY served on 8/14/2020 (Burday, Joshua) (Entered: 09/29/2020)
2020-09-297RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 8/14/2020. (Burday, Joshua) (Entered: 09/29/2020)
2020-09-298RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 8/14/2020. Answer due for ALL FEDERAL DEFENDANTS by 9/13/2020. (Burday, Joshua) (Entered: 09/29/2020)
2020-10-299Joint STATUS REPORT by U.S. DEPARTMENT OF TREASURY. (Attachments: # 1 Text of Proposed Order)(Chang, William) (Entered: 10/29/2020)
2020-10-2910NOTICE OF SUBSTITUTION OF COUNSEL by Robert Aaron Caplen on behalf of U.S. DEPARTMENT OF TREASURY Substituting for attorney William Chang (Caplen, Robert) (Entered: 10/29/2020)
2020-11-08MINUTE ORDER: Having considered the parties' joint status report 9 , it is hereby ordered that the parties shall file another joint report and proposed order by 12/15/20. Signed by Judge Tanya S. Chutkan on 11/8/2020. (DJS) (Entered: 11/08/2020)
2020-11-09Set/Reset Deadlines: Joint Report due by 12/15/2020. (tb) (Entered: 11/09/2020)
2020-12-1511Joint STATUS REPORT by U.S. DEPARTMENT OF TREASURY. (Attachments: # 1 Text of Proposed Order)(Caplen, Robert) (Entered: 12/15/2020)
2021-01-1412Joint STATUS REPORT by U.S. DEPARTMENT OF TREASURY. (Attachments: # 1 Text of Proposed Order)(Caplen, Robert) (Entered: 01/14/2021)
2021-01-15MINUTE ORDER: Having considered the parties' joint status report, it is hereby ordered that the parties shall file another joint report by 2/17/21 and every 60 days thereafter. The extent the parties propose a briefing schedule or production schedule, the joint report shall be accompanied by a proposed order. Signed by Judge Tanya S. Chutkan on 1/15/21. (DJS) (Entered: 01/15/2021)
2021-01-19Set/Reset Deadlines: Joint Report due by 2/17/2021. (tb) (Entered: 01/19/2021)
2021-02-1713Joint STATUS REPORT by U.S. DEPARTMENT OF TREASURY. (Caplen, Robert) (Entered: 02/17/2021)
2021-04-1914Joint STATUS REPORT by U.S. DEPARTMENT OF TREASURY. (Caplen, Robert) (Entered: 04/19/2021)
2021-06-1815Joint STATUS REPORT by U.S. DEPARTMENT OF TREASURY. (Caplen, Robert) (Entered: 06/18/2021)
2021-06-2816NOTICE of Appearance by Diana Viggiano Valdivia on behalf of U.S. DEPARTMENT OF TREASURY (Valdivia, Diana) (Entered: 06/28/2021)
2021-10-1817Joint STATUS REPORT by U.S. DEPARTMENT OF TREASURY. (Valdivia, Diana) (Entered: 10/18/2021)
2021-12-1718Joint STATUS REPORT by U.S. DEPARTMENT OF TREASURY. (Valdivia, Diana) (Entered: 12/17/2021)
2022-02-0819MOTION to Withdraw as Attorney for Joshua Burday by GOVERNMENT ACCOUNTABILITY PROJECT. (Attachments: # 1 Text of Proposed Order)(Topic, Matthew) (Entered: 02/08/2022)
2022-02-08MINUTE ORDER granting 19 Motion to Withdraw as Attorney. Attorney Joshua Hart Burday terminated. Signed by Judge Tanya S. Chutkan on 2/8/22. (DJS) (Entered: 02/08/2022)
2022-02-1520Joint STATUS REPORT by U.S. DEPARTMENT OF TREASURY. (Valdivia, Diana) (Entered: 02/15/2022)
2022-04-1821NOTICE of Appearance by Joshua Loevy on behalf of GOVERNMENT ACCOUNTABILITY PROJECT (Loevy, Joshua) (Entered: 04/18/2022)
2022-04-1822Joint STATUS REPORT by U.S. DEPARTMENT OF TREASURY. (Valdivia, Diana) (Entered: 04/18/2022)
2022-06-1723Joint STATUS REPORT by U.S. DEPARTMENT OF TREASURY. (Attachments: # 1 Text of Proposed Order)(Caplen, Robert) (Entered: 06/17/2022)
2022-06-17MINUTE ORDER: Having considered the parties' joint status report it is hereby ordered that the parties shall file a jointly proposed briefing schedule and proposed order by July 18, 2022. Signed by Judge Tanya S. Chutkan on 6/17/22. (DJS) (Entered: 06/17/2022)
2022-06-17Set/Reset Deadlines: Proposed Briefing Schedule due by 7/18/2022. (tb) (Entered: 06/17/2022)
2022-07-1824Joint STATUS REPORT by U.S. DEPARTMENT OF TREASURY. (Attachments: # 1 Text of Proposed Order)(Caplen, Robert) (Entered: 07/18/2022)
2022-08-07MINUTE ORDER: Having considered the parties' joint status report, it is hereby ordered Defendant shall provide to Plaintiff a sample Vaughn index or agency declaration on or before September 1, 2022. The parties shall file, on or before October 17, 2022, a joint status report advising the court whether they have resolved their disputes or will proceed to briefing cross-motions for summary judgment. The following schedule shall govern any summary judgment briefing: Defendant shall file its summary judgment motion by November 18, 2022. Plaintiff shall file its combined opposition/cross-motion by December 16, 2022. Defendant shall file its combined reply/opposition by January 13, 2023. Plaintiff shall file its reply brief by February 10, 2023. Signed by Judge Tanya S. Chutkan on 8/7/22. (DJS) (Entered: 08/07/2022)
2022-08-07Set/Reset Deadlines: Cross Motion due by 12/16/2022. Response to Cross Motion due by 1/13/2023. Reply to Cross Motion due by 2/10/2023. Joint Status Report due by 10/17/2022. Summary Judgment motion due by 11/18/2022. Response to Motion for Summary Judgment due by 12/16/2022. Reply to Motion for Summary Judgment due by 1/13/2023. Vaughn Index due by 9/1/2022, (tb) (Entered: 08/07/2022)
2022-10-1725Joint STATUS REPORT by U.S. DEPARTMENT OF TREASURY. (Attachments: # 1 Text of Proposed Order)(Caplen, Robert) (Entered: 10/17/2022)
2022-10-18MINUTE ORDER: The Court's August 7, 2022 Minute Order is MODIFIED as follows. Defendant shall file its summary judgment motion by December 9, 2022 . Plaintiff shall file its opposition and cross-motion for summary judgment by January 6, 2022 . Defendant shall file its reply and opposition to the cross-motion by February 3, 2023 . Plaintiff shall file its reply brief by March 3, 2023 . The parties may dispense with the Local Civil Rule 7(h) requirement that they file a separate statement of undisputed facts. Signed by Judge Tanya S. Chutkan on 10/18/2022. (lcss) (Entered: 10/18/2022)
2022-10-19Set/Reset Deadlines: Cross Motion due by 1/6/2023. Response to Cross Motion due by 2/3/2023. Reply to Cross Motion due by 3/3/2023. Summary Judgment motion due by 12/9/2022. Response to Motion for Summary Judgment due by 1/6/2023. Reply to Motion for Summary Judgment due by 2/3/2023. (tb) (Entered: 10/19/2022)
2022-10-3126NOTICE OF SUBSTITUTION OF COUNSEL by Sam Escher on behalf of U.S. DEPARTMENT OF TREASURY Substituting for attorney Robert A. Caplen and Diana V. Valdivia (Escher, Sam) (Entered: 10/31/2022)
2022-12-0927MOTION for Summary Judgment by U.S. DEPARTMENT OF TREASURY. (Attachments: # 1 Memorandum of Law, # 2 Ex. A - FOIA Request, # 3 Ex. B - Treasury Acknowledgment Letter, # 4 Ex. C - OFAC Acknowledgment Letter, # 5 Ex. D - OFAC FOIA Office Search Request, # 6 Ex. E - OFAC License Division Search Response, # 7 Ex. F - OFAC FOIA Office Final Response Letter, # 8 Ex. G - Vaughn Index, # 9 Ex. H - Fields Declaration, # 10 Proposed Order)(Escher, Sam) (Entered: 12/09/2022)
2022-12-1228Unopposed MOTION for Extension of Time to Briefing Schedule by GOVERNMENT ACCOUNTABILITY PROJECT. (Attachments: # 1 Text of Proposed Order)(Topic, Matthew) (Entered: 12/12/2022)
2022-12-13MINUTE ORDER: The 28 Unopposed Motion for Extension of Time to Briefing Schedule is hereby GRANTED. The Court's October 18, 2022 minute order is MODIFIED as follows. Plaintiff shall file its opposition and cross-motion for summary judgment by January 27, 2023. Defendant shall file its reply and opposition to the cross-motion by February 24, 2023. Plaintiff shall file its reply brief by March 24, 2023. Signed by Judge Tanya S. Chutkan on 12/13/2022. (lcss) (Entered: 12/13/2022)
2022-12-20Set/Reset Deadlines: Cross Motion due by 1/27/2023. Response to Cross Motion due by 2/24/2023. Reply to Cross Motion due by 3/24/2023. Response to Motion for Summary Judgment due by 1/27/2023. Reply to Motion for Summary Judgment due by 2/24/2023. (tb) (Entered: 12/20/2022)
2023-01-2729Cross MOTION for Summary Judgment by GOVERNMENT ACCOUNTABILITY PROJECT. (Attachments: # 1 Memorandum in Support, # 2 Declaration Topic Decl, # 3 Text of Proposed Order)(Topic, Matthew) (Entered: 01/27/2023)
2023-01-2730Memorandum in opposition to re 27 Motion for Summary Judgment, filed by GOVERNMENT ACCOUNTABILITY PROJECT. (Attachments: # 1 Declaration Topic Decl, # 2 Text of Proposed Order)(Topic, Matthew) (Entered: 01/27/2023)
2023-02-2431REPLY to opposition to motion re 27 MOTION for Summary Judgment filed by U.S. DEPARTMENT OF TREASURY. (Attachments: # 1 Text of Proposed Order)(Escher, Sam) (Entered: 02/24/2023)
2023-02-2432Memorandum in opposition to re 29 Motion for Summary Judgment filed by U.S. DEPARTMENT OF TREASURY. (Attachments: # 1 Text of Proposed Order)(Escher, Sam) (Entered: 02/24/2023)
2023-03-0133NOTICE of Appearance by Merrick Jason Wayne on behalf of GOVERNMENT ACCOUNTABILITY PROJECT (Wayne, Merrick) (Entered: 03/01/2023)
2023-03-2434NOTICE of Appearance by Stephen Stich Match on behalf of GOVERNMENT ACCOUNTABILITY PROJECT (Match, Stephen) (Entered: 03/24/2023)
2023-03-2435REPLY to opposition to motion re 29 Cross MOTION for Summary Judgment filed by GOVERNMENT ACCOUNTABILITY PROJECT. (Match, Stephen) (Entered: 03/24/2023)
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