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Case TitleERB v. YELLEN
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2022cv00856
Date Filed2022-03-30
Date ClosedOpen
JudgeJudge Amy Berman Jackson
PlaintiffDENNIS ERB
Case DescriptionDennis Erb submitted a FOIA request to the Department of Treasury for records concerning the agency's 2018 decision to suspend Erb's security clearance. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Erb filed suit.
Complaint issues: Failure to respond within statutory time limit, Fees, Litigation - Attorney's fees

DefendantJANET YELLEN Secretary
DefendantJANET L. YELLEN Secretary
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2022-03-301COMPLAINT against JANET YELLEN ( Filing fee $ 402 receipt number ADCDC-9138351) filed by DENNIS ERB. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons)(Watson, Jennie) (Entered: 03/30/2022)
2022-03-31Case Assigned to Judge Amy Berman Jackson. (zmh) (Entered: 03/31/2022)
2022-03-31NOTICE OF ERROR re 1 Complaint; emailed to cathryne.watson@leschtlaw.com, cc'd 0 associated attorneys -- The PDF file you docketed contained errors: 1. Missing summonses-government. When naming a government agent or agency as a defendant, you must supply a summons for each defendant & two additional summonses for the U.S. Attorney & U.S. Attorney General. Please submit using the event Request for Summons to Issue. (zmh, ) (Entered: 03/31/2022)
2022-03-312REQUEST FOR SUMMONS TO ISSUE filed by DENNIS ERB. (Attachments: # 1 Summons, # 2 Summons, # 3 Summons, # 4 Civil Cover Sheet)(Watson, Jennie) (Entered: 03/31/2022)
2022-03-313SUMMONS (3) Issued Electronically as to JANET YELLEN, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(zjf) (Entered: 03/31/2022)
2022-04-074RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 4/4/2022. Answer due for ALL FEDERAL DEFENDANTS by 5/4/2022. (Watson, Jennie) Modified on 4/7/2022 to reflect the correct date of service and the answer due date (jth). (Entered: 04/07/2022)
2022-04-225NOTICE of Appearance by Bradley Silverman on behalf of All Defendants (Silverman, Bradley) (Entered: 04/22/2022)
2022-04-256AFFIDAVIT of Summons and Complaint Executed. (Watson, Jennie) Modified on 4/25/2022 to correct docket event/text. Document(s) mailed out via certified mail on 04/07/2022 (zjf). (Entered: 04/25/2022)
2022-04-257AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. (Watson, Jennie) Modified on 4/25/2022 to correct docket event/text. Document(s) mailed out via certified mail on 04/07/2022 (zjf). (Entered: 04/25/2022)
2022-04-268AFFIDAVIT of Summons and Complaint mailed via certified mail as to United States Attorney General on 4/7/2022. (Watson, Jennie) Modified on 4/26/2022 to correct text (zjf). (Entered: 04/26/2022)
2022-04-269ENTERED IN ERROR.....RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. JANET YELLEN served on 4/12/2022 (Watson, Jennie) Modified on 4/26/2022 (zjf). (Entered: 04/26/2022)
2022-04-26NOTICE OF ERROR regarding 9 Summons Returned Executed as to Federal Defendant. The following error(s) need correction: Document incomplete/illegible. Please refile. (zjf) (Entered: 04/26/2022)
2022-04-2710RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. JANET YELLEN served on 4/12/2022 (Watson, Jennie) Modified on 4/28/2022 (zjf). (Entered: 04/27/2022)
2022-04-2711RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 4/12/2022. (Watson, Jennie) (Entered: 04/27/2022)
2022-05-0312ANSWER to Complaint by JANET YELLEN.(Silverman, Bradley) (Entered: 05/03/2022)
2022-05-0913ORDER. Before the Court in this FOIA case are a complaint and an answer. The requirements of Local Civil Rule 16.3 and Rule 26(f) of the Federal Rules of Civil Procedure appear to be inapplicable. Defendant shall file a dispositive motion or, in the alternative, a report setting forth the schedule for the completion of its production of documents to plaintiff, on or before June 6, 2022. See Order for details. SO ORDERED. Signed by Judge Amy Berman Jackson on 05/09/2022. (lcabj2) (Entered: 05/09/2022)
2022-06-0614STATUS REPORT by JANET L. YELLEN. (Silverman, Bradley) (Entered: 06/06/2022)
2022-06-08MINUTE ORDER. In light of the recent status report 14 , it is ORDERED that the parties file a joint status report due by September 6, 2022. SO ORDERED. Signed by Judge Amy Berman Jackson on 6/8/22. (DMK) (Entered: 06/08/2022)
2022-07-2815MOTION for Preliminary Injunction , MOTION for Declaratory Relief, MOTION for Attorney Fees by DENNIS ERB. (Attachments: # 1 Exhibit MSPB Decision excerpt, # 2 Exhibit MSPB Hearing excerpt, # 3 Exhibit Security ROI excerpt, # 4 Exhibit Notice of Proposed Removal, # 5 Exhibit Letter re Clearance, # 6 Exhibit Fed Cir Ext Req, # 7 Exhibit Emails re: FOIA req)(Watson, Jennie). Added MOTION for Declaratory Relief, MOTION for Attorney Fees on 7/28/2022 (zjf). (Entered: 07/28/2022)
2022-07-2816Consent MOTION for Scheduling Order by JANET YELLEN. (Silverman, Bradley) (Entered: 07/28/2022)
2022-07-28NOTICE OF ERROR re 15 Motion for Preliminary Injunction; emailed to cathryne.watson@leschtlaw.com, cc'd 2 associated attorneys -- The PDF file you docketed contained errors: 1. Please note the following for future filings; do not refile document , 2. Two-part document; second docket entry is required, 3. DO NOT REFILE - Counsel is reminded to docket/select all parts of their filing (zjf, ) (Entered: 07/28/2022)
2022-07-28MINUTE ORDER granting the 16 motion. Defendant must respond to plaintiff's motion for preliminary injunction 15 by August 5, 2022. SO ORDERED. Signed by Judge Amy Berman Jackson on 07/28/2022. (lcabj2) (Entered: 07/28/2022)
2022-08-0417RESPONSE re 15 MOTION for Preliminary Injunction MOTION for Declaratory Judgment MOTION for Attorney Fees filed by JANET YELLEN. (Silverman, Bradley) (Entered: 08/04/2022)
2022-08-0418ERRATA by JANET YELLEN re 17 Response to motion filed by JANET YELLEN. (Silverman, Bradley) (Entered: 08/04/2022)
2022-08-2319SUPPLEMENTAL MEMORANDUM to re 15 MOTION for Preliminary Injunction MOTION for Declaratory Judgment MOTION for Attorney Fees by DENNIS ERB. (Attachments: # 1 Exhibit Email correspondence between FinCEN FOIA office and plaintiff's counsel) (Watson, Jennie) Modified on 8/23/2022 to correct event/docket text (zjm). (Entered: 08/23/2022)
2022-08-23MINUTE ORDER. Defendant must respond to plaintiff's supplemental memorandum 19 by August 30, 2022. SO ORDERED. Signed by Judge Amy Berman Jackson on 08/23/2022. (lcabj2) (Entered: 08/23/2022)
2022-08-3120MOTION for Leave to File Response in Opposition to Supplemental Memorandum by JANET L. YELLEN. (Attachments: # 1 Exhibit Proposed Response in Opposition to Supplemental Memorandum)(Silverman, Bradley) (Entered: 08/31/2022)
2022-09-0121ENTERED IN ERROR.....MOTION to Strike 20 MOTION for Leave to File Response in Opposition to Supplemental Memorandum by DENNIS ERB. (Watson, Jennie) Modified on 9/1/2022 corrected version refiled by counsel(zjm). (Entered: 09/01/2022)
2022-09-0122MOTION to Strike 20 MOTION for Leave to File Response in Opposition to Supplemental Memorandum by DENNIS ERB. (Watson, Jennie) Modified on 9/1/2022 to correct docket text (zjm). (Entered: 09/01/2022)
2022-09-0123RESPONSE re 22 Amended MOTION to Strike 20 MOTION for Leave to File Response in Opposition to Supplemental Memorandum filed by JANET L. YELLEN. (Silverman, Bradley) (Entered: 09/01/2022)
2022-09-02MINUTE ORDER. Plaintiff filed a 19 "supplemental memorandum" in support of his 15 motion for a preliminary injunction, and the Court established a schedule for the filing of any response. After re-reading the Order, the Court can understand defendant's confusion, but defendant actually had it right the first time: the Court intended the due date to be mandatory, not the filing. But now defendant has filed a 20 motion for leave to file a late response, and that motion, which does not extend the briefing schedule or delay the resolution of the underlying issues unreasonably, will be granted in the Court's discretion. Plaintiff's 22 motion to strike the motion for leave to file is entirely inappropriate and will be denied; the proper response to a motion one opposes is to oppose it, not to move to strike it, and the Court imagines that there may come a time when the plaintiff needs a few extra days and would expect consideration from opposing counsel in that situation. The Clerk of Court is directed to file the [20-1] response to the supplemental memorandum. SO ORDERED. Signed by Judge Amy Berman Jackson on 09/02/2022. (lcabj2) (Entered: 09/02/2022)
2022-09-0224RESPONSE re 19 SUPPLEMENTAL MEMORANDUM to re 15 MOTION for Preliminary Injunction MOTION for Declaratory Judgment MOTION for Attorney Fees filed by JANET L. YELLEN. (zjf) (Entered: 09/06/2022)
2022-09-0625Joint STATUS REPORT by JANET L. YELLEN. (Silverman, Bradley) (Entered: 09/06/2022)
2022-09-0626ERRATA Amended Status Report by JANET L. YELLEN. (Silverman, Bradley) (Entered: 09/06/2022)
2022-09-08MINUTE ORDER. In light of the 26 joint status report, the parties must file another status report by October 31, 2022. In the meantime, in order to address the slow pace of production to date, Main Treasury must produce records on September 15, 2022 and every 30 days on a rolling basis thereafter, beginning with the production of, at least, the approximately 45 records it has already reviewed and determined it would produce. FinCEN and OIG must accelerate their review of the responsive records they have identified and produce responsive material that is not subject to withholdings on a rolling basis every 30 days as well, beginning on September 30, 2022. SO ORDERED. Signed by Judge Amy Berman Jackson on 09/08/2022. (lcabj2) (Entered: 09/08/2022)
2022-09-2027ORDER denying the 15 Motion for a Preliminary Injunction. Plaintiff's 15 motion for a declaratory judgment and attorneys' fees is premature, and will therefore also be DENIED without prejudice. See Order for details. Signed by Judge Amy Berman Jackson on 09/20/2022. (lcabj2) (Entered: 09/20/2022)
2022-10-3128Joint STATUS REPORT by JANET L. YELLEN. (Silverman, Bradley) (Entered: 10/31/2022)
2022-11-01MINUTE ORDER. In light of the 28 joint status report, the parties must file another status report by January 3, 2023. SO ORDERED. Signed by Judge Amy Berman Jackson on 11/01/2022. (lcabj2) (Entered: 11/01/2022)
2023-01-0329Joint STATUS REPORT by JANET L. YELLEN. (Silverman, Bradley) (Entered: 01/03/2023)
2023-01-03MINUTE ORDER. In light of the 29 joint status report, the parties must file another status report by March 3, 2023. SO ORDERED. Signed by Judge Amy Berman Jackson on 01/03/2023. (lcabj2) (Entered: 01/03/2023)
2023-03-0330Joint STATUS REPORT by JANET L. YELLEN. (Silverman, Bradley) (Entered: 03/03/2023)
2023-03-03MINUTE ORDER. In light of the 30 joint status report, the parties must file another status report by June 5, 2023. SO ORDERED. Signed by Judge Amy Berman Jackson on 03/03/2023. (lcabj2) (Entered: 03/03/2023)
2023-06-0531Joint STATUS REPORT by JANET L. YELLEN. (Silverman, Bradley) (Entered: 06/05/2023)
2023-06-22MINUTE ORDER. In light of the 31 joint status report, the parties must file another status report by September 5, 2023. SO ORDERED. Signed by Judge Amy Berman Jackson on 06/22/2023. (lcabj2) (Entered: 06/22/2023)
2023-09-0532Joint STATUS REPORT by JANET L. YELLEN. (Silverman, Bradley) (Entered: 09/05/2023)
2023-09-07MINUTE ORDER. In light of the 32 joint status report, the parties must file another status report by December 5, 2023. SO ORDERED. Signed by Judge Amy Berman Jackson on 09/07/2023. (lcabj2) (Entered: 09/07/2023)
2023-12-0533Joint STATUS REPORT by JANET L. YELLEN. (Silverman, Bradley) (Entered: 12/05/2023)
2023-12-05MINUTE ORDER. In light of the parties' 33 joint status report, the parties must file another status report by March 5, 2024. SO ORDERED. Signed by Judge Amy Berman Jackson on 12/5/2023. (lcabj2) (Entered: 12/05/2023)
2024-03-0534Joint STATUS REPORT by JANET L. YELLEN. (Silverman, Bradley) (Entered: 03/05/2024)
2024-03-05MINUTE ORDER. In light of the parties' 34 joint status report, the parties must file another status report by June 5, 2024. SO ORDERED. Signed by Judge Amy Berman Jackson on 3/5/2024. (lcabj2) (Entered: 03/05/2024)
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