Case Detail

FOIA Project Annotation: Judge Gladys Kessler has ruled that the Justice Department improperly refused to either confirm or deny the existence of records on an investigation of Rep. Don Young (R-AK), even though the investigation of Young, for appearances of corruption in sponsoring a $10 million earmark for and expansion of I-75 in Florida that would have connected the freeway with Coconut Road, was publicly known and was authorized by a specific statute. Nevertheless, when CREW requested any information not protected by grand jury secrecy, the agency refused to search for records, claiming they would be categorically exempt under Exemption 6 (invasion of privacy) and Exemption 7(C) (invasion of privacy concerning law enforcement records). The charges stemmed from a trip Young made as Chair of the House Transportation Committee to Florida to discuss the $10 million proposed project. While Young was in Florida, a local real estate developer, who owned 4,000 acres along the Coconut Road, organized a fund raiser in Young's honor. When the expansion was approved by the House and the Senate, the original language pertaining to the project was deleted and the phrase "Coconut Rd. interchanges I-75/Lee County" was inserted. The bill was then signed into law by President George W. Bush. In response to the controversy, Congress directed DOJ in 2008 to conduct an investigation into the earmark allegations. When the investigation provision was discussed in the House, Young gave a detailed explanation of his actions. The investigation provision was then enacted as section 502 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act. On August 4, 2010, Young's office issued a press release indicating that DOJ's Public Integrity Section had concluded its investigation and declined to prosecute Young. Kessler first explained that normally anything that would associate a third party with a criminal investigation would implicate that individual's privacy rights. She added that "this may be especially true for politicians who rely on the electorate to return them to public office. For this reason, it cannot be said that Rep. Young does not have even a de minimis or 'cognizable' privacy interest under FOIA." Having said that, however, she noted that "those very important general principles of privacy have far less force in this case because the informationâ€"namely, the fact that DoJ conducted an investigation of activities involving Rep. Youngâ€"is already a matter of public record. Rep. Young has himself confirmed in a press release issued by his Congressional office that there was an investigation into his activities, and has recognized that he has 'been the subject of much innuendo concerning [his] intent and motivation of this project [referring to the Coconut Road Earmark].'" One can have no privacy interest in information that is already in the public domain, especially when the person asserting his privacy is himself responsible for placing that information into the public domain." But, assessing Young's privacy interest, Kessler observed that "given the rather narrow meaning of 'substantial cognizable interest' in this Circuit, and given the fact that Rep. Young has more than a merely de minimis interest in his privacy, the Court concludes that he does have a substantialâ€"although much diminishedâ€"privacy interest in withholding the documents Plaintiff seeks." Kessler then turned to the public interest in disclosure. She indicated that "it is difficult to understand how there could not be a substantial public interest in disclosure of documents regarding the manner in which DoJ handled high profile allegations of public corruption about an elected official. Clearly, the American public has a right to know about the manner in which its representatives are conducting themselves and whether the government agency responsible for investigating, and, if warranted, prosecuting those representatives for alleged illegal conduct is doing its job." She noted that "in particular, in these days of political turmoil, constant accusations and name calling, and concern about our economic and social future, there is, if anything, a heightened public interest in learning what the Government is 'up to.' . . .In this case, disclosure of information concerning DoJ's investigation of Rep. Young would unquestionably 'shed light on the agency's performance of its statutory duties.'" She added that "in addition to the widespread public interest in this country at this time in holding its Government accountable, we have the added, and decidedly uncommon fact in this case, that Congress passed a specific piece of legislation to conduct an investigation of all 'allegations of impropriety regarding [the Coconut Road project] to ascertain if a violation of Federal criminal law has occurred.'" Kessler explained that Young's central position as Chair of the Transportation Committee was further evidence of the importance of public oversight. She observed that "given the fact that Rep. Young was at that time Chair of the House of Representatives Transportation Committee, and given the detailed remarks he made on the floor of the House of Representatives about this matter, there is a substantial public interest in examining the adequacy of DoJ's enforcement of other types of law governing the activities of federal officials in addition to the explicit direction given by Congress to DoJ to investigate the Coconut Road matter." The agency argued that the only relevant public interest was the conduct of the agency and that CREW had not alleged any wrongdoing on the part of Justice. Saying that "it is not correct that Plaintiff must provide compelling evidence of any such conduct on the part of DoJ," Kessler noted that "it is only when a requester is making such allegations of illegal or otherwise improper conduct that 'compelling' evidence must be offered demonstrating such behavior." She cited the D.C. Circuit's holding in ACLU v. Dept of Justice, 655 F.3d 1 (D.C. Cir. 2011) for distinguishing "situations in which that requirement is applicable from the situation presented in this case where a FOIA requester is 'not (or at least not only) seeking to show that the government's. . .policy is legally improper. . .' The Court ruled that evidence of such misconduct is not required in that instance. "'[M]atters of substantive law enforcement policy. . .are properly the subject of public concern," whether or not the policy in question is lawful.'" And in Multi Ag Media v. Dept of Agriculture, 515 F.3d 1224 (D.C. Cir. 2008), the court indicated that "the relevant public interest under FOIA is 'the extent to which disclosure [of the requested files] would serve the "core purpose of the FOIA" which is "contribut[ing] significantly to public understanding of the operations and activities of the government.'" Thus, it is clear that there is no requirement that a FOIA requester must always allege that the Government is acting illegally in order to establish the existence of a substantial public interest." Finally, Kessler rejected the agency's argument that if the law were as CREW claimed then requesters would be able to get records about decisions to prosecute or not to prosecute. Kessler pointed out that "this is known as the time-worn 'opening of the flood gates' argument. As is usually the case with such arguments, it vastly overstates the perceived danger and ignores the fact that once a Vaughn Index is filed, the Court will make a specific individualized decision for each document as to whether it should be redacted or totally withheld pursuant to Exemption 6 and Exemption 7(C)." Kessler concluded by emphasizing that "the public needs to know how DoJ carried out its statutory duties to investigate allegations of bribery and corruption of members of Congress. That is the purpose of FOIA."
Issues: Determination - Glomar response

Date Filed	Doc #	Docket Text
2011-04-20	1	COMPLAINT against U.S. DEPARTMENT OF JUSTICE ( Filing fee $ 350, receipt number 4616038116) filed by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON. (Attachments: # 1 Civil Cover Sheet)(jf, ) (Entered: 04/21/2011)
2011-04-20		SUMMONS (3) Issued as to U.S. DEPARTMENT OF JUSTICE, U.S. Attorney and U.S. Attorney General. (jf, ) (Entered: 04/21/2011)
2011-04-20	2	LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests NONE by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON (jf, ) (Entered: 04/21/2011)
2011-04-22	3	Case Randomly Reassigned to Judge Gladys Kessler. Judge Ellen S. Huvelle no longer assigned to the case. (jeb, ) (Entered: 04/22/2011)
2011-04-28	4	NOTICE of Appearance by Anne L. Weismann on behalf of CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON (Weismann, Anne) (Entered: 04/28/2011)
2011-05-31	5	Unopposed MOTION for Extension of Time to File Answer Out of Time by U.S. DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Campbell, Isaac) (Entered: 05/31/2011)
2011-05-31		MINUTE ORDER granting 5 Defendant's Unopposed Motion for Extension of Time; Defendant shall have up to and including June 10, 2011, in which to answer or otherwise respond to Plaintiff's Complaint. Signed by Judge Gladys Kessler on 5/31/11. (CL, ) (Entered: 05/31/2011)
2011-05-31		Set/Reset Deadlines: Answer due by 6/10/2011, (CL, ) (Entered: 05/31/2011)
2011-06-10	6	Defendant's ANSWER to Complaint by U.S. DEPARTMENT OF JUSTICE.(Campbell, Isaac) (Entered: 06/10/2011)
2011-06-13	7	ORDER setting an Initial Scheduling Conference for July 5, 2011, at 12:15 p.m. Signed by Judge Gladys Kessler on 6/13/11. (CL, ) (Entered: 06/13/2011)
2011-06-13		Set/Reset Hearings: Initial Scheduling Conference set for 7/5/2011 12:15 PM in Courtroom 26A before Judge Gladys Kessler. (CL, ) (Entered: 06/13/2011)
2011-07-01		Set/Reset Hearings: Initial Scheduling Conference reset for 7/5/2011 at 11:30 AM in Courtroom 26A before Judge Gladys Kessler. (tth) (Entered: 07/01/2011)
2011-07-05	8	ORDER that Defendant shall submit an opening brief on the FOIA privacy issue by August 5, 2011; Plaintiff's opposition shall be filed no later than September 6, 2011, and Defendant's reply is due no later than September 16, 2011; this briefing schedule shall not preclude the parties from raising FOIA exemption issues or other matters relevant to the disposition of this case at a later date. Signed by Judge Gladys Kessler on 7/5/11. (CL, ) (Entered: 07/05/2011)
2011-07-05		Set/Reset Deadlines: Brief due by 8/5/2011. Opposition due by 9/6/2011. Reply due by 9/16/2011 (CL, ) (Entered: 07/05/2011)
2011-07-05		Minute Entry for proceedings held before Judge Gladys Kessler: Initial Scheduling Conference held on 7/5/2011. (Court Reporter Catalina Kerr) (tth) (Entered: 07/05/2011)
2011-08-05	9	Unopposed MOTION for Extension of Time to File Dispositive Motion by U.S. DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Campbell, Isaac) (Entered: 08/05/2011)
2011-08-08		MINUTE ORDER granting 9 Defendant's Unopposed Motion for Extension of Time; Defendant shall have up to and including August 8, 2011, in which to file its dispositive motion. Signed by Judge Gladys Kessler on 8/8/11. (CL, ) (Entered: 08/08/2011)
2011-08-08		Set/Reset Deadlines: Dispositive Motions due by 8/8/2011. (CL, ) (Entered: 08/08/2011)
2011-08-08	10	MOTION for Summary Judgment by U.S. DEPARTMENT OF JUSTICE (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Declaration Declaration of Kristin Ellis, # 4 Declaration Declaration of David M. Hardy, # 5 Declaration Declaration of Vinay J. Jolly, # 6 Text of Proposed Order)(Campbell, Isaac) (Entered: 08/08/2011)
2011-09-06	11	Memorandum in opposition to re 10 MOTION for Summary Judgment filed by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON. (Attachments: # 1 Statement of Facts, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Text of Proposed Order)(Sobel, David) (Entered: 09/06/2011)
2011-09-06	12	Cross MOTION for Partial Summary Judgment by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON (Attachments: # 1 Statement of Facts, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Text of Proposed Order)(Sobel, David) (Entered: 09/06/2011)
2011-09-16	13	REPLY to opposition to motion re 10 MOTION for Summary Judgment , filed by U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Defendant's Response to Plaintiff's Statement of Facts)(Campbell, Isaac) Modified on 9/19/2011 to edit relationship and link (dr). (Entered: 09/16/2011)
2011-09-16	14	Memorandum in opposition to re 12 Cross MOTION for Partial Summary Judgment filed by U.S. DEPARTMENT OF JUSTICE. (See Docket Entry 13 to view document) (dr) (Entered: 09/19/2011)
2011-09-22	15	Consent MOTION for Extension of Time to File Response/Reply in Support of Cross-Motion for Partial Summary Judgment by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON (Attachments: # 1 Text of Proposed Order)(Sobel, David) (Entered: 09/22/2011)
2011-09-23		MINUTE ORDER granting 15 the Consent Motion for Extension of Time; Plaintiff shall have up to and including September 29, 2011, in which to file its reply in support of its Cross-Motion for Partial Summary Judgment. Signed by Judge Gladys Kessler on 9/23/11. (CL, ) (Entered: 09/23/2011)
2011-09-23		Set/Reset Deadlines: Replies due by 9/29/2011. (CL, ) (Entered: 09/23/2011)
2011-09-29	16	REPLY to opposition to motion re 12 Cross MOTION for Partial Summary Judgment filed by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Sobel, David) (Entered: 09/29/2011)
2011-11-22	17	NOTICE OF SUPPLEMENTAL AUTHORITY by U.S. DEPARTMENT OF JUSTICE (Attachments: # 1 Graff Memorandum Opinion)(Campbell, Isaac) (Entered: 11/22/2011)
2011-11-22	18	RESPONSE re 17 NOTICE OF SUPPLEMENTAL AUTHORITY filed by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON. (Sobel, David) (Entered: 11/22/2011)
2012-01-10	19	ORDER denying 10 Defendant's Motion for Summary Judgment; granting 12 Plaintiff's Cross-Motion for Partial Summary Judgment; the Government shall file a Vaughn Index within 60 days of the date of this Order. Signed by Judge Gladys Kessler on 1/10/12. (CL, ) (Entered: 01/10/2012)
2012-01-10	20	MEMORANDUM OPINION to the Order denying Defendant's Motion for Summary Judgment and granting Plaintiff's Cross-Motion for Partial Summary Judgment. Signed by Judge Gladys Kessler on 1/10/12. (CL, ) (Entered: 01/10/2012)
2012-02-10	21	MOTION to Clarify by U.S. DEPARTMENT OF JUSTICE (Attachments: # 1 Proposed Order)(Campbell, Isaac) (Entered: 02/10/2012)
2012-02-23	22	Memorandum in opposition to re 21 MOTION to Clarify filed by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON. (Sobel, David) (Entered: 02/23/2012)
2012-02-29	23	REPLY to opposition to motion re 21 MOTION to Clarify filed by U.S. DEPARTMENT OF JUSTICE. (Campbell, Isaac) (Entered: 02/29/2012)
2012-02-29	24	ERRATA by U.S. DEPARTMENT OF JUSTICE 23 Reply to opposition to Motion filed by U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Reply to Plaintiff's Opposition to Defendant's Motion for Clarification)(Campbell, Isaac) (Entered: 02/29/2012)
2012-03-09	25	MOTION for Extension of Time to Produce Supplemental Vaughn Index by U.S. DEPARTMENT OF JUSTICE (Attachments: # 1 Declaration of Rena Kim, # 2 Text of Proposed Order)(Campbell, Isaac) (Entered: 03/09/2012)
2012-03-12		MINUTE ORDER granting 25 Defendant's Motion for Extension of Time; Defendant shall have up to and including April 11, 2012, in which to file a supplemental Vaughn Index. Signed by Judge Gladys Kessler on 3/12/12. (CL, ) (Entered: 03/12/2012)
2012-03-12		Set/Reset Deadlines: Vaughn Index due by 4/11/2012, (CL, ) (Entered: 03/12/2012)
2012-03-12		MINUTE ORDER granting 21 Defendant's Motion for Clarification; the Government shall file a Vaughn Index within 90 days of the Court's January 10, 2012 Order that focuses on those records related to U.S. Department of Justice investigations of U.S. Representative Don Young involving allegations of bribery and other illegal conduct in the matter known as "Coconut Road." Signed by Judge Gladys Kessler on 3/12/12. (CL, ) (Entered: 03/12/2012)
2012-04-09	26	Vaughn Index of Defendant (Criminal Division) . (Attachments: # 1 EOUSA Vaughn Index, # 2 FBI Vaughn Index)(Campbell, Isaac) (Entered: 04/09/2012)
2012-08-01	27	NOTICE OF SUBSTITUTION OF COUNSEL by Daniel Riess on behalf of U.S. DEPARTMENT OF JUSTICE Substituting for attorney Isaac R. Campbell (Riess, Daniel) (Entered: 08/01/2012)
2012-08-21	28	NOTICE of Joint Proposed Briefing Schedule by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON, U.S. DEPARTMENT OF JUSTICE (Riess, Daniel) Modified on 8/22/2012 to edit event (dr). (Entered: 08/21/2012)
2012-08-21	29	ORDER that the Parties' Joint Proposed Briefing Schedule is adopted by the Court. Signed by Judge Gladys Kessler on 8/21/12. (CL, ) (Entered: 08/21/2012)
2012-08-21		Set/Reset Deadlines: Cross Motions due by 10/17/2012. Response to Cross Motions due by 11/9/2012. Reply to Cross Motions due by 11/30/2012. Summary Judgment motions due by 9/17/2012. Response to Motion for Summary Judgment due by 10/17/2012. Reply to Motion for Summary Judgment due by 11/9/2012. Partial Summary Judgment Motion re documents redacted due by 11/17/2012, with responses and cross-motion due by 11/16/2012, replies and opposition to cross-motion due by 12/7/2012, and reply in support to cross-motion due by 1/4/2013 (CL, ) (Entered: 08/21/2012)
2012-09-13	30	Unopposed MOTION for Extension of Time to File Defendant's Motion for Partial Summary Judgment by U.S. DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Riess, Daniel) (Entered: 09/13/2012)
2012-09-13		MINUTE ORDER granting 30 Defendant's Unopposed Motion for Extension of Time; Defendant's Motion for Partial Summary Judgment is due on or before September 25, 2012; Plaintiff's combined cross-motion for partial summary judgment and opposition shall be due on or before October 25, 2012; Defendant's combined reply brief in support of its Motion for Partial Summary Judgment and Opposition to Plaintiff's Cross-Motion shall be due on or before November 19, 2012; Plaintiff's Reply brief in support lof its cross-motion shall be due on or before December 10, 2012. Signed by Judge Gladys Kessler on 9/13/12. (CL, ) (Entered: 09/13/2012)
2012-09-13		Set/Reset Deadlines: Cross Motions due by 10/25/2012. Response to Cross Motions due by 11/19/2012. Reply to Cross Motions due by 12/10/2012. Summary Judgment motions due by 9/25/2012. Response to Motion for Summary Judgment due by 10/25/2012. Reply to Motion for Summary Judgment due by 11/19/2012. (CL, ) (Entered: 09/13/2012)
2012-09-25	31	MOTION for Summary Judgment on Behalf of the Criminal Division and Federal Bureau of Investigation by U.S. DEPARTMENT OF JUSTICE (Attachments: # 1 Memorandum in Support, # 2 Exhibit 1 (Cunningham Declaration), # 3 Exhibit 2 (Criminal Division Second Vaughn Index), # 4 Exhibit 3 (Second Hardy Declaration), # 5 Text of Proposed Order)(Riess, Daniel) (Entered: 09/25/2012)
2012-10-05	32	Consent MOTION for Extension of Time to File Defendant's Motion for Partial Summary Judgment by U.S. DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Riess, Daniel) (Entered: 10/05/2012)
2012-10-05		MINUTE ORDER granting 32 Defendant's Unopposed Motion for Extension of Time; Defendant shall have up to and including October 31, 2012, in which to file its Motion for Partial Summary Judgment with respect to the documents redacted in part or withheld in full by the Executive Office for United States Attorneys; Plaintiff's combined Cross-Motion and Opposition shall be due on or before November 30, 2012; Defendant's combined Reply and Opposition shall be due on or before December 21, 2012; Plaintiff's Reply brief in support of its Cross-Motion shall be due on or before December 24, 2012. Signed by Judge Gladys Kessler on 10/5/12. (CL, ) (Entered: 10/05/2012)
2012-10-05		Set/Reset Deadlines: Cross Motions due by 11/30/2012. Response to Cross Motions due by 12/21/2012. Reply to Cross Motions due by 12/24/2012. Summary Judgment motions due by 10/31/2012. Response to Motion for Summary Judgment due by 11/30/2012. Reply to Motion for Summary Judgment due by 12/21/2012. (CL, ) (Entered: 10/05/2012)
2012-10-09	33	ERRATA by U.S. DEPARTMENT OF JUSTICE Order on Motion for Extension of Time to File,,. (Attachments: # 1 Text of Proposed Order)(Riess, Daniel) (Entered: 10/09/2012)
2012-10-10		MINUTE ORDER: Upon consideration of Defendant's Errata, the date for Plaintiff's Reply Brief in Support of its Cross-Motion is changed to January 18, 2013; this correction was made due a typo in Defendant's first Consent Motion. Signed by Judge Gladys Kessler on 10/10/12. (CL, ) (Entered: 10/10/2012)
2012-10-12		Set/Reset Deadline: Reply to Cross Motion due by 1/18/2013. (tth) (Entered: 10/12/2012)
2012-10-25	34	Memorandum in opposition to re 31 MOTION for Summary Judgment on Behalf of the Criminal Division and Federal Bureau of Investigation filed by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Statement of Facts, # 5 Text of Proposed Order)(Sobel, David) (Entered: 10/25/2012)
2012-10-25	35	Cross MOTION for Partial Summary Judgment by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Statement of Facts, # 5 Text of Proposed Order)(Sobel, David) (Entered: 10/25/2012)
2012-10-31	36	Consent MOTION for Extension of Time to File Motion for Partial Summary Judgment by U.S. DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Riess, Daniel) (Entered: 10/31/2012)
2012-10-31		MINUTE ORDER granting 36 Defendant's Consent Motion for Extension of Time; Defendant shall have up to and including November 5, 2012, in which to file its Motion for Partial Summary Judgment. Signed by Judge Gladys Kessler on 10/31/12. (CL, ) (Entered: 10/31/2012)
2012-10-31		Set/Reset Deadlines: Partial Summary Judgment motions due by 11/5/2012. (CL, ) (Entered: 10/31/2012)
2012-11-05	37	MOTION for Summary Judgment on Behalf of the Executive Office for United States Attorneys by U.S. DEPARTMENT OF JUSTICE (Attachments: # 1 Memorandum in Support, # 2 Exhibit 1 (Jolly Declaration), # 3 Exhibit 2 (EOUSA Amended Vaughn Index), # 4 Statement of Facts, # 5 Text of Proposed Order)(Riess, Daniel) (Entered: 11/05/2012)
2012-11-19	38	REPLY to opposition to motion re 31 MOTION for Summary Judgment on Behalf of the Criminal Division and Federal Bureau of Investigation filed by U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Exhibit 1 (Second Cunningham Declaration))(Riess, Daniel) (Entered: 11/19/2012)
2012-11-19	39	Memorandum in opposition to re 35 Cross MOTION for Partial Summary Judgment filed by U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Exhibit 1 (Second Cunningham Declaration), # 2 Response to Statement of Material Facts, # 3 Text of Proposed Order)(Riess, Daniel) (Entered: 11/19/2012)
2012-11-30	40	Memorandum in opposition to re 37 MOTION for Summary Judgment on Behalf of the Executive Office for United States Attorneys filed by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON. (Attachments: # 1 Statement of Facts (Response), # 2 Text of Proposed Order)(Sobel, David) (Entered: 11/30/2012)
2012-11-30	41	Cross MOTION for Partial Summary Judgment With Respect to Executive Office for U.S. Attorneys by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON (Attachments: # 1 Statement of Facts, # 2 Text of Proposed Order)(Sobel, David) (Entered: 11/30/2012)
2012-12-10	42	REPLY to opposition to motion re 35 Cross MOTION for Partial Summary Judgment With Respect to the Criminal Division filed by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON. (Sobel, David) (Entered: 12/10/2012)
2012-12-20	43	Consent MOTION for Extension of Time to File Response/Reply in Support of Defendant's Motion for Summary Judgment with Respect to EOUSA Documents by U.S. DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Riess, Daniel) (Entered: 12/20/2012)
2012-12-21		MINUTE ORDER granting 43 Motion for Extension of Time to File Response/Reply. Defendant's combined reply brief in support of its motion for summary judgment with respect to the documents redacted in part or withheld in full by the EOUSA and opposition to Plaintiff's cross-motion for summary judgment with respect to these documents will be due on or before January 15, 2013. Plaintiff's combined reply brief in support of its cross-motion for partial summary judgment and opposition to Defendant's motion for summary judgment will be due on or before February 15, 2013. Signed by Judge Gladys Kessler on 12/21/12. (lcgk1, ) (Entered: 12/21/2012)
2012-12-21		Set/Reset Deadlines: Reply to Dispositive Motions due by 1/15/2013. Response to Cross Motions due by 1/15/2013. Reply to Cross Motions due by 2/15/2013. Response to Dispositive Motions due by 2/15/2013. (tth) (Entered: 12/21/2012)
2013-01-15	44	REPLY to opposition to motion re 37 MOTION for Summary Judgment on Behalf of the Executive Office for United States Attorneys filed by U.S. DEPARTMENT OF JUSTICE. (Riess, Daniel) (Entered: 01/15/2013)
2013-01-15	45	Memorandum in opposition to re 41 Cross MOTION for Partial Summary Judgment With Respect to Executive Office for U.S. Attorneys filed by U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order)(Riess, Daniel) (Entered: 01/15/2013)
2013-02-14	46	REPLY to opposition to motion re 41 Cross MOTION for Partial Summary Judgment With Respect to Executive Office for U.S. Attorneys filed by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON. (Sobel, David) (Entered: 02/14/2013)
2013-06-12	47	ORDER granting in part and denying in part 31 Motion for Summary Judgment, 35 Motion for Partial Summary Judgment, 37 Motion for Summary Judgment, 41 Motion for Partial Summary Judgment; the Government will submit an updated Vaughn Index in conformity with the Memorandum Opinion no later than August 1,, 2013. Signed by Judge Gladys Kessler on 6/12/13. (CL, ) (Entered: 06/12/2013)
2013-06-12	48	MEMORANDUM OPINION to the Motions and Cross-Motions for Summary Judgment. Signed by Judge Gladys Kessler on 6/12/13. (CL, ) (Entered: 06/12/2013)
2013-06-12		Set/Reset Deadlines: Vaughn Index due by 8/1/2013 (CL, ). (Entered: 06/12/2013)
2013-08-01	49	NOTICE of Filing of Supplemental Vaughn Indexes by U.S. DEPARTMENT OF JUSTICE (Attachments: # 1 Criminal Division Supplemental Vaughn Index, # 2 EOUSA Supplemental Vaughn Index, # 3 Third Cunningham Declaration)(Riess, Daniel) (Entered: 08/01/2013)
2013-10-04	50	ORDER that the Parties shall submit a Joint Status Report no later than November 4, 2013. Signed by Judge Gladys Kessler on 10/4/13. (CL, ) (Entered: 10/04/2013)
2013-10-04		Set/Reset Deadlines: Status Report due by 11/4/2013 (CL, ) (Entered: 10/04/2013)
2013-11-04	51	STATUS REPORT (Jointly Filed) by U.S. DEPARTMENT OF JUSTICE. (Riess, Daniel) (Entered: 11/04/2013)
2013-11-04		MINUTE ORDER: The Parties shall file a further Joint Status Report on November 25, 2013, advising the Court of the stauts of the settlement negotiations. Signed by Judge Gladys Kessler on 11/4/13. (CL, ) (Entered: 11/04/2013)
2013-11-04		Set/Reset Deadlines: Status Report due by 11/25/2013 (CL, ). (Entered: 11/04/2013)
2013-11-25	52	STATUS REPORT (Jointly Filed) by U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order)(Riess, Daniel) (Entered: 11/25/2013)
2013-11-26	53	ORDER that Plaintiff's Motion for an Award of Attorneys' Fees and Costs shall be due on or before December 20, 2013; Defendant's Brief in Opposition shall be due on or before January 20, 2014; Plaintiff's Reply Brief will be due on or before February 4, 2014. Signed by Judge Gladys Kessler on 11/26/13. (CL, ) (Entered: 11/26/2013)
2013-11-26		Set/Reset Deadlines: Motion for Attorneys' Fees and Costs due by 12/20/2013; Opposition due by 1/20/2014; Reply due by 2/4/2014. (CL, ) (Entered: 11/26/2013)
2013-12-17	54	STIPULATION of Dismissal (All Claims Except Fees and Costs) by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON. (Sobel, David) (Entered: 12/17/2013)
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