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Case TitleRYAN et al v. UNITED STATES DEPARTMENT OF JUSTICE
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2023cv03815
Date Filed2023-12-23
Date ClosedOpen
JudgeJudge Beryl A. Howell
PlaintiffNAOISE CONNOLLY RYAN
PlaintiffEMILY CHELANGAT BABU
PlaintiffJOSHUA MWAZO BABU
PlaintiffCATHERINE BERTHET
PlaintiffHUGUETTE DEBETS
PlaintiffLUCA DIECI
PlaintiffBAYIHE DEMISSIE
PlaintiffSRI HARTATI
PlaintiffZIPPORAH KURIA
PlaintiffJAVIER DE LUIS
PlaintiffNADIA MILLERON
PlaintiffMICHAEL STUMO
PlaintiffCHRIS MOORE
PlaintiffPAUL NJOROGE
PlaintiffYUKE MEISKE PELEALU
PlaintiffJOHN KARANJA QUINDOS
PlaintiffGUY DAUD ISKANDAR ZEN S.
PlaintiffPAUL G. CASSELL
Case DescriptionNaoise Connolly Ryan and a number of other named requesters submitted a FOIA request to the Criminal Division of the Department of Justice for records concerning allegations of fraud during DOJ's investigation of the two crashes of Boeing 737 MAX airplanes that killed hundreds of passengers. The requesters asked for expedited processing and a fee waiver. The agency acknowledged receipt of the request. The agency denied the request for expedited processing. After hearing nothing further from the agency, the requesters filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Public Interest Fee Waiver, Litigation - Attorney's fees

DefendantUNITED STATES DEPARTMENT OF JUSTICE
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
Complaint attachment 9
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2023-12-231COMPLAINT against All Defendants ( Filing fee $ 405 receipt number ADCDC-10580494) filed by NADIA MILLERON, BAYIHE DEMISSIE, GUY DAUD ISKANDAR ZEN S., EMILY CHELANGAT BABU, NAOISE CONNOLLY RYAN, PAUL G. CASSELL, JOHN KARANJA QUINDOS, CHRIS MOORE, LUCA DIECI, JOSHUA MWAZO BABU, ZIPPORAH KURIA, MICHAEL STUMO, PAUL NJOROGE, YUKE MEISKE PELEALU, SRI HARTATI, CATHERINE BERTHET, JAVIER DE LUIS, HUGUETTE DEBETS. (Attachments: # 1 Exhibit FOIA Request, # 2 Exhibit Agency Letter re FOIA Request, # 3 Exhibit Agency Letter re FOIA Request, # 4 Exhibit Supplement to FOIA Request, # 5 Exhibit Appeal of Agency Denial of Expedited Processing of FOIA Request, # 6 Exhibit Agency Decision re Administrative Appeal, # 7 Civil Cover Sheet, # 8 Summons U.S. Attorney General, # 9 Summons U.S. Attorney's Office for DC)(Lipper, Gregory) (Entered: 12/23/2023)
2023-12-27Case Assigned to Judge Beryl A. Howell. (zrtw) (Entered: 12/27/2023)
2023-12-272SUMMONS (2) Issued Electronically as to U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(zrtw) (Entered: 12/27/2023)
2023-12-273STANDING ORDER. Signed by Judge Beryl A. Howell on December 27, 2023. (lcbah4) (Entered: 12/27/2023)
2024-01-234MOTION for Preliminary Injunction , by EMILY CHELANGAT BABU, JOSHUA MWAZO BABU, CATHERINE BERTHET, PAUL G. CASSELL, JAVIER DE LUIS, HUGUETTE DEBETS, BAYIHE DEMISSIE, LUCA DIECI, SRI HARTATI, ZIPPORAH KURIA, NADIA MILLERON, CHRIS MOORE, PAUL NJOROGE, YUKE MEISKE PELEALU, JOHN KARANJA QUINDOS, NAOISE CONNOLLY RYAN, MICHAEL STUMO, GUY DAUD ISKANDAR ZEN S.. (Attachments: # 1 Affidavit Declaration of Paul G. Cassell, # 2 Exhibit Exhibit A to Cassell Decl., # 3 Exhibit Exhibit B to Cassell Decl., # 4 Exhibit Exhibit C to Cassell Decl., # 5 Exhibit Exhibit D to Cassell Decl., # 6 Exhibit Exhibit E to Cassell Decl., # 7 Exhibit Exhibit F to Cassell Decl., # 8 Exhibit Exhibit G to Cassell Decl., # 9 Exhibit Exhibit H to Cassell Decl.)(Lipper, Gregory) Modified docket text on 1/24/2024 (mg). (Entered: 01/23/2024)
2024-01-26MINUTE ORDER (paperless) DIRECTING plaintiffs to confer with defendant and submit, by Monday, January 29, 2024 at 4:00 PM, a joint briefing schedule regarding plaintiffs' 4 Motion for Preliminary Injunction. Signed by Judge Beryl A. Howell on January 26, 2024. (lcbah4) (Entered: 01/26/2024)
2024-01-26Set/Reset Deadlines: Joint Briefing Schedule Regarding Plaintiffs' 4 Motion For Preliminary Injunction due by 1/29/2024 (mac) (Entered: 01/26/2024)
2024-01-295NOTICE of Appearance by Anna Davis Walker on behalf of UNITED STATES DEPARTMENT OF JUSTICE (Walker, Anna) (Entered: 01/29/2024)
2024-01-296PROPOSED BRIEFING SCHEDULE re 4 MOTION for Preliminary Injunction (entered jointly pursuant to the Court's January 26, 2024 Minute Order) by UNITED STATES DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order)(Walker, Anna) (Entered: 01/29/2024)
2024-01-297MOTION to Continue Local Rule 65(d) Hearing and Defendant's Deadline to Answer the Complaint until after Briefing (see 6 Proposed Briefing Schedule) by UNITED STATES DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order)(Walker, Anna) (Entered: 01/29/2024)
2024-01-30MINUTE ORDER (paperless) GRANTING IN PART the parties' 6 7 Joint Proposed Briefing Schedule on Plaintiffs' Motion for Preliminary Injunction and Motion to Continue, insofar as the parties seek a briefing schedule on plaintiffs' 4 Motion for Preliminary Injunction ("Plaintiffs' PI Motion") and defendant seeks an extension of time to answer or otherwise respond to plaintiffs' complaint; DENYING plaintiffs' request for an expedited hearing on their PI Motion, pursuant to LCvR 65.1(d), where, setting aside the Court's inherent authority to manage its congested docket, plaintiffs have failed to show that "expedition" is "essential," or that a later hearing date or later decision resolving plaintiffs' motion on the papers would "prejudice the parties," id. , where plaintiffs indicate that July 7, 2024, is the date by which they would need the requested documents "to oppose" any "motion to dismiss Boeing's criminal charge" by defendant U.S. Department of Justice," Pls.' Mot. Prelim. Inj. at 18-19, ECF No. 4, which date is more than five months from the filing date of plaintiffs' motion, and the parties' proposed briefing schedule does not contemplate that briefing will become ripe until February 23, i.e. , 10 days after any expedited hearing on plaintiffs' motion would have to be held per LCvR 65.1(d); and ISSUING the SCHEDULING ORDER set forth below. Should a hearing on plaintiffs' motion become necessary, one may be scheduled after receipt of the completed briefing. See LCvR 65.1(d) (noting that the Court may decide a motion for a preliminary injunction on the papers). 1.  By February 13, 2024, defendant shall file any response to plaintiffs' 4 Motion for Preliminary Injunction, with any reply due by February 23, 2024; 2.  By March 13, 2024, defendant shall answer or otherwise respond to plaintiffs' 1 Complaint. Signed by Judge Beryl A. Howell on January 30, 2024. (lcbah4) (Entered: 01/30/2024)
2024-01-31Set/Reset Deadlines: Defendant Response To Plaintiffs' 4 Motion For Preliminary Injunction due by 2/13/2024. Reply, If Any due by 2/23/2024. Defendant Answer Or Otherwise Response To The Complaint due by 3/13/2024. (mac) (Entered: 01/31/2024)
2024-02-138RESPONSE re 4 MOTION for Preliminary Injunction filed by UNITED STATES DEPARTMENT OF JUSTICE. (Attachments: # 1 Declaration of Courtney J. O'Keefe)(Walker, Anna) (Entered: 02/13/2024)
2024-02-239REPLY to opposition to motion re 4 MOTION for Preliminary Injunction filed by EMILY CHELANGAT BABU, JOSHUA MWAZO BABU, CATHERINE BERTHET, PAUL G. CASSELL, JAVIER DE LUIS, HUGUETTE DEBETS, BAYIHE DEMISSIE, LUCA DIECI, SRI HARTATI, ZIPPORAH KURIA, NADIA MILLERON, CHRIS MOORE, PAUL NJOROGE, YUKE MEISKE PELEALU, JOHN KARANJA QUINDOS, NAOISE CONNOLLY RYAN, MICHAEL STUMO, GUY DAUD ISKANDAR ZEN S.. (Lipper, Gregory) (Entered: 02/23/2024)
2024-02-26NOTICE of Hearing on 4 Motion for Preliminary Injunction : Motion Hearing set for 3/1/2024 at 11:00 AM in Courtroom 26A- In Person before Judge Beryl A. Howell. (mac) (Entered: 02/26/2024)
2024-03-01Minute Entry for proceedings held before Judge Beryl A. Howell: Motion Hearing held on 3/1/2024 re 4 Motion For Preliminary Injunction. For Reasons Stated On the Record, The Court Will Deny 4 Motion For Preliminary Injunction. (Court Reporter ELIZABETH SAINT-LOTH.) (mac) (Entered: 03/01/2024)
2024-03-0610TRANSCRIPT OF HEARING, before Judge Beryl A. Howell, held on 3-01-2024; Page Numbers: 1 - 131. Date of Issuance: 3-06-2024. Court Reporter: Elizabeth SaintLoth, Telephone number: 202-354-3242. Transcripts may be ordered by submitting the Transcript Order Form For the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter. NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 3/27/2024. Redacted Transcript Deadline set for 4/6/2024. Release of Transcript Restriction set for 6/4/2024.(Saint-Loth, Elizabeth) (Entered: 03/06/2024)
2024-03-1311Unopposed MOTION for Extension of Time to File Answer re 1 Complaint,,, by UNITED STATES DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order)(Walker, Anna) (Entered: 03/13/2024)
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by FOIA Project Staff
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