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Case TitleWASHINGTON BLADE et al v. U.S. DEPARTMENT OF STATE
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2021cv02196
Date Filed2021-08-17
Date ClosedOpen
JudgeJudge Timothy J. Kelly
PlaintiffWASHINGTON BLADE
PlaintiffCHRISTOPHER C. JOHNSON
Case DescriptionThe Washington Blade submitted a FOIA request to the Department of State for records concerning emails to or from the U.S. Ambassador of Germany pertaining to efforts to decriminalize homosexuality. The Washington Blade also requested expedited processing. The agency acknowledged receipt of the request and asked the Blade to narrow the scope of its request. The Blade did so but after hearing nothing further from the agency, the Washington Blade filed suit.
Complaint issues: Failure to respond within statutory time limit, Expedited processing, Litigation - Attorney's fees

DefendantU.S. DEPARTMENT OF STATE
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
Complaint attachment 7
Complaint attachment 8
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2021-08-171COMPLAINT FOR INJUNCTIVE AND DECLARATORY RELIEF FOR VIOLATION OF FOIA against U.S. DEPARTMENT OF STATE, THE EXECUTIVE OFFICE, OFFICE OF THE LEGAL ADVISOR ( Filing fee $ 402 receipt number ADCDC-8673134) filed by Christopher C Johnson, The Washington Blade. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H)(DeThomas, Courtney) (Entered: 08/17/2021)
2021-08-172CIVIL COVER SHEET by Christopher C Johnson, The Washington Blade filed by Christopher C Johnson, The Washington Blade.(DeThomas, Courtney) (Entered: 08/17/2021)
2021-08-173REQUEST FOR SUMMONS TO ISSUE as to U.S. Department of State filed by Christopher C Johnson, The Washington Blade. (Attachments: # 1 Summons as to U.S. Department of Justice, # 2 Summons as to U.S. Attorney's Office)(DeThomas, Courtney) (Entered: 08/17/2021)
2021-08-174ENTERED IN ERROR..... MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Thomas R. Burke, Filing fee $ 100, receipt number ADCDC-8675043. Fee Status: Fee Paid. by Christopher C Johnson, The Washington Blade. (Attachments: # 1 Certificate of Good Standing)(Burke, Thomas) Modified on 8/18/2021 (znmw). (Entered: 08/17/2021)
2021-08-18Case Assigned to Judge Timothy J. Kelly. (zsb) (Entered: 08/18/2021)
2021-08-185SUMMONS (3) Issued Electronically as to U.S. DEPARTMENT OF STATE, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(adh, ) (Entered: 08/18/2021)
2021-08-18NOTICE OF ERROR re 4 Motion for Leave to Appear Pro Hac Vice; emailed to thomasburke@dwt.com, cc'd 3 associated attorneys -- The PDF file you docketed contained errors: 1. Invalid attorney signature, 2. Please refile document, 3. ENTERED IN ERROR; Signature must match PACER login; Sponsoring attorney must refile motion. (znmw, ) (Entered: 08/18/2021)
2021-08-186MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Thomas R. Burke, Filing fee $ 100, receipt number ADCDC-8677317. Fee Status: Fee Paid. by CHRISTOPHER C. JOHNSON, WASHINGTON BLADE. (DeThomas, Courtney) (Entered: 08/18/2021)
2021-08-187AFFIDAVIT re 6 MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Thomas R. Burke, Filing fee $ 100, receipt number ADCDC-8677317. Fee Status: Fee Paid. Thomas R. Burke Certificate of Good Standing by CHRISTOPHER C. JOHNSON, WASHINGTON BLADE. (DeThomas, Courtney) (Entered: 08/18/2021)
2021-08-18MINUTE ORDER denying Plaintiff's 6 Motion for Leave to Appear Pro Hac Vice. Local Civil Rule 83.2(d) requires attorneys seeking admission pro hac vice to include in their declaration "the number of times the attorney has been admitted pro hac vice in this Court within the last two years." Attorney Thomas Burke's declaration does not include this information. Therefore, it is hereby ORDERED that Plaintiff's motion is DENIED without prejudice to Plaintiff's refiling a motion that complies with the local rules. Signed by Judge Timothy J. Kelly on 8/18/2021. (lctjk1) (Entered: 08/18/2021)
2021-08-198MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Thomas R. Burke, Filing fee $ 100, receipt number ADCDC-8680659. Fee Status: Fee Paid. by CHRISTOPHER C. JOHNSON, WASHINGTON BLADE. (Attachments: # 1 Certificate of Good Standing)(DeThomas, Courtney) (Entered: 08/19/2021)
2021-08-20MINUTE ORDER granting Plaintiff's 8 Motion for Leave to Appear Pro Hac Vice. Attorney Thomas R. Burke is hereby admitted pro hac vice to appear in this matter on behalf of Plaintiffs. 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 Timothy J. Kelly on 8/20/2021. (lctjk1) (Entered: 08/20/2021)
2021-08-239NOTICE of Appearance by Thomas R. Burke on behalf of CHRISTOPHER C. JOHNSON, WASHINGTON BLADE (Burke, Thomas) (Entered: 08/23/2021)
2021-09-1510RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 8/19/2021. Answer due for ALL FEDERAL DEFENDANTS by 9/18/2021. (DeThomas, Courtney) Modified on 9/16/2021 to correct service date (zeg). (Entered: 09/15/2021)
2021-09-1511RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 08/20/2021. (DeThomas, Courtney) (Entered: 09/15/2021)
2021-09-1512RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF STATE served on 8/25/2021 (DeThomas, Courtney) Modified on 9/15/2021 to correct service date (zjf). (Entered: 09/15/2021)
2021-09-20Set/Reset Deadlines: Answer due by 9/18/2021, (znmw) (Entered: 09/20/2021)
2021-09-2013NOTICE of Appearance by Sian Jones on behalf of All Defendants (Jones, Sian) (Entered: 09/20/2021)
2021-09-2014ANSWER to Complaint by U.S. DEPARTMENT OF STATE.(Jones, Sian) (Entered: 09/20/2021)
2021-09-21MINUTE ORDER: It is hereby ORDERED that an initial scheduling conference is set for October 20, 2021, at 2:00pm via teleconference. It is further ORDERED that the parties shall meet, confer, and submit a joint report pursuant to Federal Rule of Civil Procedure 26(f) and Local Rule 16.3. The parties shall contact the Courtroom Deputy at (202) 354-3495 at least one business day prior to the hearing to make arrangements to participate. Signed by Judge Timothy J. Kelly on 9/21/2021. (lctjk1) (Entered: 09/21/2021)
2021-09-21Set/Reset Hearings: Telephonic Initial Scheduling Conference set for 10/20/2021 at 2:00 PM before Judge Timothy J. Kelly. (zkh) (Entered: 09/21/2021)
2021-09-2115NOTICE of Appearance by Daniel A. Fiedler on behalf of CHRISTOPHER C. JOHNSON, WASHINGTON BLADE (Fiedler, Daniel) (Entered: 09/21/2021)
2021-10-1316MOTION to Clarify Sept 21, 2021 Minute Order by U.S. DEPARTMENT OF STATE. (Jones, Sian) (Entered: 10/13/2021)
2021-10-13MINUTE ORDER granting Defendant's 16 Motion to Clarify. As Defendant points out, the local rules of this Court state that the requirements of Federal Rule of Civil Procedure 16(b) and 26(f) do not apply to FOIA actions. Thus, it is hereby ORDERED that the initial scheduling conference set for October 20, 2021, is VACATED. It further ORDERED that the parties shall meet and confer and propose a schedule for briefing or disclosure by October 28, 2021. Signed by Judge Timothy J. Kelly on 10/13/2021. (lctjk1) Modified to remove court only entry on 10/14/2021 (zkh). (Entered: 10/13/2021)
2021-10-2817Joint STATUS REPORT by U.S. DEPARTMENT OF STATE. (Jones, Sian) (Entered: 10/28/2021)
2021-11-01MINUTE ORDER: Upon consideration of the parties' 17 Joint Status Report, it is hereby ORDERED that the parties shall file a further joint status report by December 16, 2021. Signed by Judge Timothy J. Kelly on 11/1/2021. (lctjk1) (Entered: 11/01/2021)
2021-11-1118NOTICE of Change of Address by CHRISTOPHER C. JOHNSON, WASHINGTON BLADE, (Fiedler, Daniel); Modified text on 11/17/2021 (ztth). (Entered: 11/11/2021)
2021-11-12ENTERED IN ERROR.....NOTICE OF ERROR re 18 Notice of Change of Address; emailed to danielfiedler@dwt.com, cc'd 11 associated attorneys -- The PDF file you docketed contained errors: 1. FYI: Attorney change of address must be entered in Pacer. (THE NOTICE OF CHANGE OF ADDRESS REFERS TO PLAINTIFFS CHRISTOPHER C. JOHNSON, WASHINGTON BLADE) (zeg, ); Modified text on 11/17/2021 (ztth). (Entered: 11/12/2021)
2021-12-1619Joint STATUS REPORT by CHRISTOPHER C. JOHNSON, WASHINGTON BLADE. (Fiedler, Daniel) (Entered: 12/16/2021)
2021-12-17MINUTE ORDER: In light of the parties' 19 Joint Status Report, it is hereby ORDERED that the parties shall file a further joint status report by January 14, 2022, and every 60 days thereafter, until the Court orders otherwise. Signed by Judge Timothy J. Kelly on 12/17/2021. (lctjk1) (Entered: 12/17/2021)
2022-01-1420Joint STATUS REPORT by U.S. DEPARTMENT OF STATE. (Jones, Sian) (Entered: 01/14/2022)
2022-03-1521Joint STATUS REPORT by U.S. DEPARTMENT OF STATE. (Jones, Sian) (Entered: 03/15/2022)
2022-05-1322Joint STATUS REPORT by U.S. DEPARTMENT OF STATE. (Jones, Sian) (Entered: 05/13/2022)
2022-07-1323Joint STATUS REPORT by U.S. DEPARTMENT OF STATE. (Jones, Sian) (Entered: 07/13/2022)
2022-09-1324Joint STATUS REPORT by U.S. DEPARTMENT OF STATE. (Jones, Sian) (Entered: 09/13/2022)
2022-11-1425Joint STATUS REPORT by U.S. DEPARTMENT OF STATE. (Jones, Sian) (Entered: 11/14/2022)
2023-01-1326Joint STATUS REPORT by U.S. DEPARTMENT OF STATE. (Jones, Sian) (Entered: 01/13/2023)
2023-03-1427Joint STATUS REPORT by U.S. DEPARTMENT OF STATE. (Jones, Sian) (Entered: 03/14/2023)
2023-05-0828NOTICE OF SUBSTITUTION OF COUNSEL by B. Kathryn Debrason on behalf of U.S. DEPARTMENT OF STATE (Debrason, B. Kathryn) (Entered: 05/08/2023)
2023-05-1529Joint STATUS REPORT by CHRISTOPHER C. JOHNSON, U.S. DEPARTMENT OF STATE, WASHINGTON BLADE. (znmw) (Entered: 05/16/2023)
2023-07-1430Joint STATUS REPORT by U.S. DEPARTMENT OF STATE. (Debrason, B. Kathryn) (Entered: 07/14/2023)
2023-07-2831WITHDRAWN PURSUANT TO NOTICE FILED ON 8/17/2023..... MOTION to Produce Motion for Final Production Deadline by CHRISTOPHER C. JOHNSON, WASHINGTON BLADE. (Fiedler, Daniel); Modified on 8/18/2023 (ztth). (Entered: 07/28/2023)
2023-08-1132RESPONSE re 31 MOTION to Produce Motion for Final Production Deadline filed by U.S. DEPARTMENT OF STATE. (Debrason, B.) (Entered: 08/11/2023)
2023-08-1633NOTICE OF WITHDRAWAL OF MOTION by CHRISTOPHER C. JOHNSON, WASHINGTON BLADE re 31 MOTION to Produce Motion for Final Production Deadline (Fiedler, Daniel) (Entered: 08/16/2023)
2023-09-1234Joint STATUS REPORT by U.S. DEPARTMENT OF STATE. (Debrason, B.) (Entered: 09/12/2023)
2023-11-0735NOTICE of Appearance by Tabitha Bartholomew on behalf of All Defendants (Bartholomew, Tabitha) (Entered: 11/07/2023)
2023-11-1336Joint STATUS REPORT by U.S. DEPARTMENT OF STATE. (Bartholomew, Tabitha) (Entered: 11/13/2023)
2024-01-1137Joint STATUS REPORT by U.S. DEPARTMENT OF STATE. (Debrason, B.) (Entered: 01/11/2024)
2024-03-1238Joint STATUS REPORT by U.S. DEPARTMENT OF STATE. (Debrason, B.) (Entered: 03/12/2024)
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