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Case TitleAMERICAN OVERSIGHT v. U.S. ELECTION ASSISTANCE COMMISSION
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2022cv02273
Date Filed2022-08-02
Date ClosedOpen
JudgeJudge Beryl A. Howell
PlaintiffAMERICAN OVERSIGHT
Case DescriptionAmerican Oversight submitted four FOIA requests to the U.S. Election Assistance Commission for records concerning communications and calendar entries of Don Palmer, Christy McCormick, and Tyler Herman and a list of specified individuals, as well as other officials at the agency. The agency acknowledged receipt of the request but after hearing nothing further from the agency, American Oversight filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Vaughn index, Litigation - Attorney's fees

DefendantU.S. ELECTION ASSISTANCE COMMISSION
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

2022-08-021COMPLAINT against ELECTION ASSISTANCE COMMISSION ( Filing fee $ 402 receipt number ADCDC-9412300) filed by AMERICAN OVERSIGHT. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Civil Cover Sheet, # 6 Summons USAO, # 7 Summons AG, # 8 Summons EAC)(Lewis, Emma) (Entered: 08/02/2022)
2022-08-022LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by AMERICAN OVERSIGHT (Lewis, Emma) (Entered: 08/02/2022)
2022-08-03Case Assigned to Chief Judge Beryl A. Howell. (znmg) (Entered: 08/03/2022)
2022-08-033SUMMONS (3) Issued Electronically as to U.S. ELECTION ASSISTANCE COMMISSION, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(znmg) (Entered: 08/03/2022)
2022-08-034STANDING ORDER. Signed by Chief Judge Beryl A. Howell on August 3, 2022. (lcbah4) (Entered: 08/03/2022)
2022-08-095MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Rachel Baron, Filing fee $ 100, receipt number ADCDC-9429709. Fee Status: Fee Paid. by AMERICAN OVERSIGHT. (Attachments: # 1 Declaration, # 2 Text of Proposed Order)(Lewis, Emma) (Entered: 08/09/2022)
2022-08-19MINUTE ORDER (paperless) GRANTING plaintiff's 5 Motion for Admission Pro Hac Vice . Rachel Baron may enter an appearance pro hac vice for the purpose of representing plaintiff in this action. 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 Chief Judge Beryl A. Howell on August 19, 2022. (lcbah4) (Entered: 08/19/2022)
2022-08-246NOTICE of Appearance by Rachel Baron on behalf of AMERICAN OVERSIGHT (Baron, Rachel) (Main Document 6 replaced on 8/26/2022) (zed). (Main Document 6 replaced on 8/26/2022) (zed). (Entered: 08/24/2022)
2022-08-247RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. ELECTION ASSISTANCE COMMISSION served on 8/12/2022, RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 08/15/2022., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 8/9/2022. ( Answer due for ALL FEDERAL DEFENDANTS by 9/8/2022.) (Attachments: # 1 Declaration Declaration of Marwah Adhoob, # 2 Declaration Declaration of Dylan Winters)(Baron, Rachel) (Entered: 08/24/2022)
2022-09-078Unopposed MOTION for Extension of Time to File by U.S. ELECTION ASSISTANCE COMMISSION. (Attachments: # 1 Text of Proposed Order)(Peterson, Benton) (Entered: 09/07/2022)
2022-09-08MINUTE ORDER (paperless) GRANTING defendant's 8 Motion for an Extension of Time and DIRECTING defendant to respond to plaintiff's 1 Complaint by October 10, 2022. Signed by Chief Judge Beryl A. Howell on September 8, 2022. (lcbah4) (Entered: 09/08/2022)
2022-09-09Set/Reset Deadlines: Response to the Complaint due by 10/10/2022. (ztg) (Entered: 09/09/2022)
2022-10-049NOTICE OF SUBSTITUTION OF COUNSEL by Daniel Alan Schiffer on behalf of All Defendants Substituting for attorney Benton G. Peterson (Schiffer, Daniel) (Entered: 10/04/2022)
2022-10-0710ANSWER to Complaint by U.S. ELECTION ASSISTANCE COMMISSION. (Attachments: # 1 Exhibit Exhibit A)(Schiffer, Daniel) (Entered: 10/07/2022)
2022-10-2111Joint STATUS REPORT by U.S. ELECTION ASSISTANCE COMMISSION. (Schiffer, Daniel) (Entered: 10/21/2022)
2022-10-21MINUTE ORDER (paperless) DIRECTING, upon consideration of the parties' 11 Joint Status Report, the parties to submit, by January 21, 2023, a joint status report advising the Court whether any disputes remain between the parties, and if so, proposing a schedule for further proceedings. Signed by Chief Judge Beryl A. Howell on October 21, 2022. (lcbah4) (Entered: 10/21/2022)
2022-10-24Set/Reset Deadlines: Joint Status Report due by 1/21/2023. (ztg) (Entered: 10/24/2022)
2023-01-2212Joint STATUS REPORT by U.S. ELECTION ASSISTANCE COMMISSION. (Schiffer, Daniel) (Entered: 01/22/2023)
2023-01-23MINUTE ORDER (paperless) DIRECTING, upon consideration of the parties' 12 Joint Status Report, the parties to file, by April 21, 2023, another joint status report advising the Court of the status of this matter, whether any disputes remain between the parties and, if so, proposing a schedule to govern further proceedings. Signed by Chief Judge Beryl A. Howell on January 23, 2023. (lcbah4) (Entered: 01/23/2023)
2023-01-24Set/Reset Deadlines: Joint Status Report due by 4/21/2023. (ztg) (Entered: 01/24/2023)
2023-04-2113Joint STATUS REPORT by U.S. ELECTION ASSISTANCE COMMISSION. (Schiffer, Daniel) (Entered: 04/21/2023)
2023-04-24MINUTE ORDER (paperless) DIRECTING, upon consideration of the parties' 13 Joint Status Report, the parties to file, by June 26, 2023, a joint status report advising the Court whether any disputes remain between the parties, and if so, proposing a schedule for further proceedings. Signed by Judge Beryl A. Howell on April 24, 2023. (lcbah4) (Entered: 04/24/2023)
2023-04-25Set/Reset Deadlines: Joint Status Report due by 6/26/2023 (ztg) (Entered: 04/25/2023)
2023-06-2614Joint STATUS REPORT by AMERICAN OVERSIGHT. (Baron, Rachel) (Entered: 06/26/2023)
2023-06-26MINUTE ORDER (paperless) DIRECTING, upon consideration of the parties' 14 Joint Status Report, the parties to file, by September 26, 2023, a joint status report advising the Court whether any disputes remain between the parties, and if so, proposing a schedule for further proceedings. Signed by Judge Beryl A. Howell on June 26, 2023. (lcbah4) (Entered: 06/26/2023)
2023-06-27Set/Reset Deadlines: Joint Status Report due by 9/26/2023. (ztg) (Entered: 06/27/2023)
2023-08-0115NOTICE OF WITHDRAWAL OF APPEARANCE as to U.S. ELECTION ASSISTANCE COMMISSION. Attorney Daniel Alan Schiffer terminated. (Schiffer, Daniel) (Entered: 08/01/2023)
2023-09-1516NOTICE of Appearance by Benton Gregory Peterson on behalf of U.S. ELECTION ASSISTANCE COMMISSION (Peterson, Benton) (Entered: 09/15/2023)
2023-09-2617Joint STATUS REPORT by U.S. ELECTION ASSISTANCE COMMISSION. (Attachments: # 1 Text of Proposed Order)(Peterson, Benton) (Entered: 09/26/2023)
2023-09-29MINUTE ORDER (paperless) DIRECTING, upon consideration of the parties' 17 Joint Status Report, the parties to file, by November 27, 2023, a joint status report advising the Court whether any disputes remain between the parties, and if so, proposing a schedule for further proceedings. Signed by Judge Beryl A. Howell on September 29, 2023. (lcbah4) (Entered: 09/29/2023)
2023-09-29Set/Reset Deadlines: Joint Status Report due by 11/27/2023 (mac) (Entered: 09/29/2023)
2023-11-1618NOTICE OF WITHDRAWAL OF APPEARANCE as to AMERICAN OVERSIGHT. Attorney Rachel Baron terminated. (Baron, Rachel) (Entered: 11/16/2023)
2023-11-2919Joint STATUS REPORT by U.S. ELECTION ASSISTANCE COMMISSION. (Attachments: # 1 Text of Proposed Order)(Peterson, Benton) (Entered: 11/29/2023)
2023-12-06MINUTE ORDER (paperless) DIRECTING the parties, upon consideration of their 19 Joint Status Report, to file, by January 10, 2024, a joint status report, advising the Court of the status of this matter. Signed by Judge Beryl A. Howell on December 6, 2023. (lcbah4) (Entered: 12/06/2023)
2023-12-06Set/Reset Deadlines: Parties Joint Status Report due by 1/10/2024 (mac) (Entered: 12/06/2023)
2024-01-1220Joint STATUS REPORT by AMERICAN OVERSIGHT. (Lewis, Emma) (Entered: 01/12/2024)
2024-02-1221Joint STATUS REPORT by U.S. ELECTION ASSISTANCE COMMISSION. (Attachments: # 1 Text of Proposed Order)(Peterson, Benton) (Entered: 02/12/2024)
2024-02-15MINUTE ORDER (paperless) DIRECTING the parties, upon consideration of their 21 Joint Status Report, to file, by March 13, 2024, a joint status report, advising the Court of the status of this matter and whether any disputes remain between the parties and, if so, proposing a schedule to govern further proceedings. Signed by Judge Beryl A. Howell on February 15, 2024. (lcbah4) (Entered: 02/15/2024)
2024-02-15Set/Reset Deadlines: Joint Status Report due by 3/13/2024. (mac) (Entered: 02/15/2024)
2024-03-1322Joint STATUS REPORT by AMERICAN OVERSIGHT. (Lewis, Emma) (Entered: 03/13/2024)
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by FOIA Project Staff
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