Case Detail

FOIA Project Annotation: Judge John Bates has ruled that the Justice Department may not invoke a Glomar response neither confirming nor denying the existence of records of its investigation of former Sen. John Ensign (R-NV) under Exemption 7(C) (invasion of privacy concerning law enforcement records) because the public interest in disclosure of records pertaining to DOJ's decision not to prosecute Ensign outweighs his privacy interest. After Ensign admitted to an extramarital affair with the wife of his former chief of staff Doug Hampton, DOJ began an investigation into whether Ensign violated federal law prohibiting certain Senate aides from lobbying senators for a year after they leave the Senate. In late 2010, Ensign announced that DOJ had told him that its investigation was complete and no charges would be brought. The Senate Ethics Committee also appointed a special counsel to investigate similar charges against Ensign. The day before Ensign was scheduled to be deposed, he resigned. The special counsel completed her report and concluded that some of Ensign's actions were illegal and recommended that the Ethics Committee refer the matter to DOJ. The agency again declined to bring charges against Ensign. CREW then requested records about the DOJ investigation, including its decision not to charge Ensign. DOJ responded that it would neither confirm nor deny the existence of records, a decision that was upheld on appeal to OIP. Bates first assessed Ensign's privacy interests. He noted that "Senator Ensign has not been criminally charged. He has also resigned from the Senate. Both of these facts lend weight to his privacy interest: having retreated to private life, Senator Ensign is no longer in the spotlight and 'renewed publicity brings with it a renewed invasion of privacy.'" Bates indicated that "although Senator Ensign does not have a substantial privacy interest in the fact that he was targeted in a criminal investigation, he retains a cognizable privacy interest in the contents of the file. . .In addition to reopening old wounds, disclosure of DOJ's investigative file could result in new revelations of misconduct, even if that misconduct did not rise to the level of a criminal violation." DOJ argued that the privacy of third parties identified in Ensign's file would be invaded. But Bates observed that "those individuals lack a privacy interest in the substance of the files, unless the substance could reveal their identities. At bottom, the privacy interests of third parties other than Senator Ensign are adequately protected by redaction, and should not be weighed in the balance of public and private interests." Bates rejected CREW's first public interest claim that disclosure would shed light on Ensign's behavior as a public official. Bates pointed out that "contributing to greater public awareness of Senator Ensign's conduct does not in itself serve FOIA's central purpose of opening agency action to public scrutiny." But he noted that "CREW wants records showing what efforts DOJ took to investigate serious allegations of criminal misconduct backed by 'substantial credible evidence" which resulted in the resignation of a U.S. Senator. He observed that "DOJ purports to acknowledge that CREW is not required to allege DOJ misconduct in order successfully to articulate a public interest, but if disclosure of the requested records in these circumstances would not serve the public interest of promoting the citizens' right to be informed about 'what their government is up to,' it is hard to imagine DOJ ever accepting any public interest other than misconduct." Balancing Ensign's privacy interest against the public interest, Bates indicated that "CREW has articulated a substantial public interest. Application of DOJ's categorical rule is therefore not appropriate." He ordered the agency to provide a Vaughn Index, noting that submission of a Vaughn Index "will not harm Senator Ensign's privacy interests in not being identified as the subject of an investigation�"that ship has sailed."
Issues: Determination - Glomar response

FOIA Project Annotation: Judge John Bates has awarded attorney's fees to CREW for its litigation against the Justice Department for records concerning the agency's decision not to prosecute former Sen. John Ensign (R-NV) on criminal charges, but, sharply criticizing CREW for its timekeeping practices, has substantially reduced the organization's fee request, awarding it $32,865. Ensign resigned rather than face a Senate ethics investigation. However, charges of payments made to keep an affair from becoming public were referred to the Justice Department for investigation. The Justice Department declined to file charges against Ensign. CREW then requested records about the FBI's investigation of Ensign, including the reasons why the agency decided not to prosecute him. DOJ declined to confirm or deny the existence of records under Exemption 7(C) (invasion of privacy concerning law enforcement records). CREW then filed suit and Bates initially ruled that the agency's Glomar response was inappropriate because the public interest in disclosure outweighed Ensign's privacy interests. DOJ then asked Bates to allow it to prepare a Vaughn index containing a one percent sample of the potentially responsive records. Characterizing the request as one for an advisory opinion, Bates rejected the agency's offer and told DOJ to provide a Vaughn index identifying all responsive records. The agency processed the records and disclosed them with redactions. CREW did not challenge any of the withholdings, but then filed a motion for attorney's fees. DOJ argued that it had acted reasonably in the processing of CREW's request. Bates noted that "in constructing its litigating position, the government had the benefit of other recent cases finding categorical withholding inappropriate where the FOIA requester sought information about a publicly acknowledged investigation of a public figure. The government is certainly free to disagree with a court's analysisâ€"but simply stating that two courts in this district got it wrong is not the stuff of a reasonable litigating position." He indicated that 'investigations into potential violations of lobbying law are matters of public interest whether or not surrounding circumstances are more salacious than usual." He added that "given the similarity of these cases, then, the Court finds it difficult to say that the government's desire to categorically withhold all responsive documents has a reasonable basis in law." Having found CREW was entitled to fees, Bates criticized both the organization's timekeeping records and CREW's attempts to establish that experienced FOIA litigators should be compensated at the top rate for D.C. area attorneys specializing in federal administrative litigation. Bates' primary concern was that timekeeping records submitted by CREW did not adequately justify the hours spent on the litigation. He observed that "the very ambiguity in [CREW's affidavit] demonstrates that [CREW] has not fully met [its] burden. The problem could be ameliorated, of course, by a clearer explanation of how the daily time sheets work, and whether they are indeed a contemporaneous recordâ€"no large burden on the affiant. But [the affidavit's] silence on these topics does not carry that burden." Pointing to several errors in CREW's calculations of its hours spent on the litigation, Bates indicated that "the fact of the errorsâ€"mens rea asideâ€"exemplifies the importance of providing contemporaneous time-keeping records: it allows the opposing party, and the court, to double-check the accuracy of the proposed billing summary. And that check is needed here." Bates agreed with CREW that time spent reviewing DOJ's Vaughn index qualified as a litigation cost. He noted that "there may be a difference, however, between reviewing the documents produced (after the material sought has been obtained) and reviewing a Vaughn index to determine whether any further challenges to withholding are warranted. Time and context will matter. In this case, [CREW] conducted [its] review of the Vaughn indices containing the explanations for withholdings while litigation was still ongoing. Thus, the Court considers [CREW's] review of the Vaughn indices to be a reasonable 'litigation cost' that merits recovery." CREW urged Bates to use the Legal Services Index matrix as the basis for calculating hourly amounts, which suggested an hourly rate of more than $750 for attorneys with more than 20 years experience, while DOJ preferred the USAO Laffey Matrix, which yielded an hourly rate of $520 for attorneys with 20 years experience. Bates found CREW had not shown why it deserved fees on the high end of the scale, but he agreed that the LSI Matrix was probably most reflective of costs in the D.C. area. But he noted that "in the absence of evidence from CREW satisfying its burden to establish that the LSI Matrix represents the prevailing rate in the relevant market, the USAO Matrix will be used. Using the $520 per hour rate, Bates observed that "given the deficiencies in both the LSI and USAO matrices for such inflation-based updating, this might be an appropriate time for an up-to-date, comprehensive, Laffey-inspired survey of the local legal market, one that presumably would not ignore size of firm as a relevant factor. Until that happens, however, the best available approach is to employ the original Laffey Matrix updated for inflationâ€"and based on the record here, that means applying the USAO Matrix, not the LSI Matrix."
Issues: Litigation - Attorney's fees - Entitlement - Reasonable Basis for Withholding, Litigation - Attorney's fees - Entitlement - Calculation of award

Date Filed	Doc #	Docket Text
2012-09-10	1	COMPLAINT against U.S. DEPARTMENT OF JUSTICE ( Filing fee $ 350 receipt number 0090-3061914) filed by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons, # 4 Summons)(Weismann, Anne) (Entered: 09/10/2012)
2012-09-10		Case Assigned to Judge John D. Bates. (ls, ) (Entered: 09/10/2012)
2012-09-10	2	ELECTRONIC SUMMONS (3) Issued as to U.S. DEPARTMENT OF JUSTICE, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Summons, # 2 Summons, # 3 Consnet Notice)(ls, ) (Entered: 09/10/2012)
2012-10-10	3	NOTICE of Appearance by Bradley P. Humphreys on behalf of U.S. DEPARTMENT OF JUSTICE (Humphreys, Bradley) (Entered: 10/10/2012)
2012-10-10	4	ANSWER to Complaint by U.S. DEPARTMENT OF JUSTICE.(Humphreys, Bradley) (Entered: 10/10/2012)
2012-10-12	5	ORDER directing parties to confer and submit a proposed briefing schedule for the filing of dispositive motions by not later than November 12, 2012. See text of Order for details. Signed by Judge John D. Bates on 10/12/2012. (lcjdb1) (Entered: 10/12/2012)
2012-10-16		Set/Reset Deadlines: Proposed Scheduling Order due by 11/12/2012. (tb, ) (Entered: 10/16/2012)
2012-11-12	6	NOTICE of Joint Proposed Briefing Schedule by U.S. DEPARTMENT OF JUSTICE (Humphreys, Bradley) (Entered: 11/12/2012)
2012-11-13		MINUTE ORDER: Upon consideration of 6 the parties' joint proposed briefing schedule, and the entire record herein, it is hereby ORDERED as follows: defendant shall file its motion for summary judgment by not later than December 14, 2012; plaintiff shall file its combined opposition to defendant's motion and cross-motion for summary judgment by not later than January 21, 2013; defendant shall file its combined reply in support of its motion and opposition to plaintiff's cross-motion by not later than February 4, 2013; and plaintiff shall file its reply in support of its cross-motion by not later than February 18, 2013. SO ORDERED. Signed by Judge John D. Bates on 11/13/2012. (lcjdb1) (Entered: 11/13/2012)
2012-11-14		Set/Reset Deadlines: Summary Judgment motions due by 12/14/2012. Cross Motions/Response due by 1/21/2013. Reply/Response to Cross Motions due by 2/4/2013. Reply to Cross Motions due by 2/18/2013. (tb, ) (Entered: 11/14/2012)
2012-12-14	7	Unopposed MOTION for Extension of Time to File Motion for Summary Judgment by U.S. DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Humphreys, Bradley) (Entered: 12/14/2012)
2012-12-14		MINUTE ORDER: Upon consideration of 7 defendant's unopposed motion to extend time, and the entire record herein, it is hereby ORDERED as follows: defendant shall file its motion for summary judgment by not later than December 18, 2012; plaintiff shall file its combined opposition to defendant's motion and cross-motion for summary judgment by not later than January 28, 2013; defendant shall file its combined reply in support of its motion and opposition to plaintiff's cross-motion by not later than February 6, 2013; and plaintiff shall file its reply in support of its cross-motion by not later than February 22, 2013. SO ORDERED. Signed by Judge John D. Bates on 12/14/2012. (lcjdb1) (Entered: 12/14/2012)
2012-12-14		Set/Reset Deadlines: Cross Motions due by 1/28/2013. Response to Cross Motions due by 2/6/2013. Reply to Cross Motions due by 2/22/2013. Summary Judgment motions due by 12/18/2012. Response to Motion for Summary Judgment due by 1/28/2013. Reply to Motion for Summary Judgment due by 2/6/2013. (tb, ) (Entered: 12/19/2012)
2012-12-18	8	MOTION for Summary Judgment by U.S. DEPARTMENT OF JUSTICE (Attachments: # 1 Memorandum in Support, # 2 Declaration Hardy Declaration and Exhibits, # 3 Declaration Vanek Declaration and Exhibits, # 4 Declaration Cunningham Declaration and Exhibits, # 5 Text of Proposed Order)(Humphreys, Bradley) (Entered: 12/18/2012)
2012-12-20	9	ERRATA for failure to include statement of material facts by U.S. DEPARTMENT OF JUSTICE 8 MOTION for Summary Judgment filed by U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Statement of Facts)(Humphreys, Bradley) (Entered: 12/20/2012)
2013-01-28	10	Memorandum in opposition to re 8 MOTION for Summary Judgment filed by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON. (Attachments: # 1 Exhibit, # 2 Statement of Facts, # 3 Text of Proposed Order)(Weismann, Anne) (Entered: 01/28/2013)
2013-01-28	11	Cross MOTION for Partial Summary Judgment by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON (Attachments: # 1 Memorandum in Support, # 2 Exhibit, # 3 Statement of Facts, # 4 Text of Proposed Order)(Weismann, Anne) (Entered: 01/28/2013)
2013-02-06	12	REPLY to opposition to motion re 8 Cross MOTION for Partial Summary Judgment filed by U.S. DEPARTMENT OF JUSTICE. (Humphreys, Bradley) Modified to correct linkage on 2/7/2013 (td, ). (Entered: 02/06/2013)
2013-02-06	13	Memorandum in opposition to re 11 Cross MOTION for Partial Summary Judgment filed by U.S. DEPARTMENT OF JUSTICE; (See docket entry no. 12 to view) (td, ) (Entered: 02/07/2013)
2013-02-20	14	REPLY to opposition to motion re 11 Cross MOTION for Partial Summary Judgment filed by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON. (Attachments: # 1 Exhibit)(Weismann, Anne) (Entered: 02/20/2013)
2013-08-23	15	MEMORANDUM OPINION. Signed by Judge John D. Bates on 8/23/2013. (lcjdb2) (Entered: 08/23/2013)
2013-08-23	16	ORDER denying 8 defendant's motion for summary judgment and granting 11 plaintiff's cross-motion for summary judgment. See text of Order and accompanying Memorandum Opinion for details. Signed by Judge John D. Bates on 8/23/2013. (lcjdb2) (Entered: 08/23/2013)
2013-08-27	17	ENTERED IN ERROR. . . . .INCORRECT CASE. . . .ORDER. See text of Order and accompanying Memorandum Opinion for details. Signed by Judge John D. Bates on 8/27/2013. (lcjdb2) Modified on 8/27/2013 (td, ). (Entered: 08/27/2013)
2013-08-27		NOTICE OF CORRECTED DOCKET ENTRY: re 17 Order was entered in error per chambers and will be entered in the correct case.(td, ) (Entered: 08/27/2013)
2013-10-18	18	Unopposed MOTION for Extension of Time to submit Vaughn indices by U.S. DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Humphreys, Bradley) (Entered: 10/18/2013)
2013-10-21		MINUTE ORDER: Upon consideration of 18 defendant's unopposed motion for an extension of time to submit Vaughn indices, the lapse in appropriations between October 1, 2013 and October 17, 2013, and the entire record herein, it is hereby ORDERED that the motion is GRANTED; and it is further ORDERED that defendant shall submit its Vaughn indices by not later than November 7, 2013. SO ORDERED. Signed by Judge John D. Bates on 10/21/2013. (lcjdb1) (Entered: 10/21/2013)
2013-10-24		Set/Reset Deadlines: Vaughn Index due by 11/7/2013. (tb, ) (Entered: 10/24/2013)
2013-11-27		MINUTE ORDER: Upon the Court's own motion, and in consideration of the entire record herein, it is hereby ORDERED that a status conference is scheduled for December 13, 2013, at 9:00 a.m. SO ORDERED. Signed by Judge John D. Bates on 11/27/2013. (lcjdb2) (Entered: 11/27/2013)
2013-12-04		Set/Reset Hearings: Status Conference is set for 12/13/2013 at 9:00 AM in Courtroom 30A before Judge John D. Bates. (jth) (Entered: 12/04/2013)
2013-12-12	19	MOTION for Order Permitting Submission of Representative Sample Vaughn Indices and Establishing Deadlines by U.S. DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Humphreys, Bradley) (Entered: 12/12/2013)
2013-12-13		MINUTE ORDER: Upon consideration of 19 defendant's motion for order, the status conference held on this date, and the entire record herein, it is hereby ORDERED that plaintiff's opposition, if any, to 19 defendant's motion, or any joint proposal by the parties, shall be filed by not later than January 15, 2014; it is further ORDERED that defendant's reply, if any, shall be filed by not later than January 27, 2014; it is further ORDERED that the parties shall meet and confer to discuss any joint proposal, potential narrowing of the universe of documents to be processed by defendant, and all other issues discussed at the status conference held on this date by not later than January 3, 2014; and it is further ORDERED that defendant shall continue to process the relevant documents in the FBI's custody. SO ORDERED. Signed by Judge John D. Bates on 12/13/13. (lcjdb2) (Entered: 12/13/2013)
2013-12-13		Minute Entry: Status Conference held on 12/13/2013 before Judge John D. Bates: See Minute Order entered on this date. (Court Reporter Bryan Wayne) (tb, ) (Entered: 12/17/2013)
2013-12-16		Set/Reset Deadlines: Attorney Meet and Confer Conference due by 1/3/2014. Response due by 1/15/2014. Reply due by 1/27/2014. (tb, ) (Entered: 12/16/2013)
2014-01-15	20	Memorandum in opposition to re 19 MOTION for Order Permitting Submission of Representative Sample Vaughn Indices and Establishing Deadlines filed by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON. (Attachments: # 1 Text of Proposed Order)(Weismann, Anne) (Entered: 01/15/2014)
2014-02-14	21	MEMORANDUM OPINION & ORDER. See text for details. Signed by Judge John D. Bates on 2/14/2014. (lcjdb2) (Entered: 02/14/2014)
2014-03-07	22	NOTICE of Filing of the Second Declaration of David M. Hardy by U.S. DEPARTMENT OF JUSTICE (Attachments: # 1 Exhibit Second Declaration of David M. Hardy)(Humphreys, Bradley) (Entered: 03/07/2014)
2014-03-14	23	NOTICE of Filing of Second Cunningham Declaration and Kornmeier Declaration by U.S. DEPARTMENT OF JUSTICE (Attachments: # 1 Exhibit Second Cunningham Declaration, # 2 Exhibit Kornmeier Declaration)(Humphreys, Bradley) (Entered: 03/14/2014)
2014-03-28	24	MEET AND CONFER STATEMENT. (Attachments: # 1 Exhibit)(Weismann, Anne) (Entered: 03/28/2014)
2014-04-01		MINUTE ORDER: Upon consideration of 22 23 24 defendant's notices and the parties' joint status report, and the entire record herein, it is hereby ORDERED that the FBI shall provide plaintiff with its completed Vaughn declaration by not later than June 30, 2014; it is further ORDERED that the Criminal Division shall provide plaintiff with its full response and completed Vaughn declaration by not later than June 30, 2014; it is further ORDERED that the EOUSA shall provide plaintiff with its full response and completed Vaughn declaration by not later than January 14, 2015 (eleven months from the date of 21 this Court's Order denying defendant's motion for sampling); it is further ORDERED that the EOUSA shall provide plaintiff with rolling monthly productions; and it is further ORDERED that the parties shall file a joint status report by not later than July 11, 2014. SO ORDERED. Signed by Judge John D. Bates on 4/1/14. (lcjdb2) (Entered: 04/01/2014)
2014-04-03		Set/Reset Deadlines: Joint Status Report due by 7/11/2014. (tb, ) (Entered: 04/03/2014)
2014-04-10		Set/Reset Deadlines: Plaintiff's full response and complete Vaughn declaraton due by 1/14/2015. Criminal Divsion full response and complete Vaughn declaration by 6/30/2014 Joint Status Report due by 7/11/2014 FBI provide plaintiff with complete Vaughn Index due by 6/30/2014. (tb, ) (Entered: 04/10/2014)
2014-06-27	25	Unopposed MOTION for Extension of Time to Complete Processing of Criminal Division Documents and to Provide a Vaughn Index and Supporting Declaration by U.S. DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Humphreys, Bradley) (Entered: 06/27/2014)
2014-06-27		MINUTE ORDER: Upon consideration of 25 defendant's unopposed motion for extension of time, and the entire record herein, it is hereby ORDERED that the motion is GRANTED; it is further ORDERED that the Criminal Division shall provide plaintiff with all responsive, non-exempt material among the documents described in paragraph 20 of [23-1] the Second Cunningham Declaration by not later than July 21, 2014; it is further ORDERED that the Criminal Division shall make rolling productions to plaintiff of responsive, non-exempt material on August 15, 2014, and September 15, 2014, and shall release all responsive, non-exempt material to plaintiff by not later than September 30, 2014; and it is further ORDERED that the Criminal Division shall provide plaintiff with its completed Vaughn index by not later than September 30, 2014. SO ORDERED. Signed by Judge John D. Bates on 6/27/14. (lcjdb2) (Entered: 06/27/2014)
2014-07-01		Set/Reset Deadlines: Vaughn Index due by 9/30/2014. (tb, ) (Entered: 07/01/2014)
2014-07-10	26	Joint MOTION for Extension of Time to File Joint Status Report by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON (Attachments: # 1 Text of Proposed Order)(Weismann, Anne) (Entered: 07/10/2014)
2014-07-10		MINUTE ORDER: Upon consideration of 26 the joint motion for extension of time, and the entire record herein, it is hereby ORDERED that the motion is GRANTED; and it is further ORDERED that the parties shall file a joint status report by not later than August 1, 2014. SO ORDERED. Signed by Judge John D. Bates on 7/10/14. (lcjdb2) (Entered: 07/10/2014)
2014-07-15		Set/Reset Deadlines: Joint Status Report due by 8/1/2014. (tb, ) (Entered: 07/15/2014)
2014-07-21	27	Unopposed MOTION for Extension of Time to Complete Processing of Certain Criminal Division Documents by U.S. DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Humphreys, Bradley) (Entered: 07/21/2014)
2014-07-22		MINUTE ORDER: Upon consideration of 27 defendant's unopposed motion for extension of time, and the entire record herein, it is hereby ORDERED that the motion is GRANTED; and it is further ORDERED that the Criminal Division shall provide plaintiff with all responsive, non-exempt material among the documents described in paragraph 20 of [23-1] the Second Cunningham Declaration by not later than August 4, 2014. SO ORDERED. Signed by Judge John D. Bates on 7/22/14. (lcjdb2) (Entered: 07/22/2014)
2014-07-23		Set/Reset Deadlines: Criminal Division shall provide plaintiff with all responsive,non-exempt materials in paragraph 20 of the Second Cunningham Declaration by no later than 8/4/2014. (tb, ) (Entered: 07/23/2014)
2014-08-01	28	STATUS REPORT Submitted Jointly by the Parties by U.S. DEPARTMENT OF JUSTICE. (Humphreys, Bradley) (Entered: 08/01/2014)
2014-08-04		MINUTE ORDER: Upon consideration of 28 the parties' joint status report, and the entire record herein, it is hereby ORDERED that the parties shall submit an additional joint status report, by not later than October 14, 2014, to apprise the Court of what disputes remain, and to propose a briefing schedule. SO ORDERED. Signed by Judge John D. Bates on August 4, 2014. (lcjdb1) (Entered: 08/04/2014)
2014-08-05	29	NOTICE of Change of Address by Anne L. Weismann (Weismann, Anne) (Entered: 08/05/2014)
2014-08-05		Set/Reset Deadline: Joint Status Report/Proposed Briefing Schedule is due by 10/14/2014. (jth) (Entered: 08/05/2014)
2014-09-25	30	Unopposed MOTION for Extension of Time to Release All Responsive Non-Exempt Material to Plaintiff and to Provide Plaintiff with a Completed Vaughn Index, and to Extend the Deadline for the Parties to Submit a Joint Status Report by U.S. DEPARTMENT OF JUSTICE (Humphreys, Bradley) (Entered: 09/25/2014)
2014-09-25		MINUTE ORDER: Upon consideration of 30 defendant's unopposed motion for extension of time, and the entire record herein, it is hereby ORDERED that the motion is GRANTED; it is further ORDERED that the Criminal Division shall release all responsive, non-exempt material to plaintiff by not later than October 14, 2014; it is further ORDERED that the Criminal Division shall provide plaintiff with its completed Vaughn index by not later than October 14, 2014; and it is further ORDERED that the parties shall submit an joint status report, by not later than October 28, 2014, to apprise the Court of what disputes remain, and to propose a briefing schedule. SO ORDERED. Signed by Judge John D. Bates on 9/25/14. (lcjdb1) (Entered: 09/25/2014)
2014-09-29		Set/Reset Deadlines: Joint Status Report/Proposed Briefing Schedule is now due by 10/28/2014. (jth) (Entered: 09/29/2014)
2014-10-28	31	STATUS REPORT of the Parties by U.S. DEPARTMENT OF JUSTICE. (Humphreys, Bradley) (Entered: 10/28/2014)
2014-10-28		MINUTE ORDER: Upon consideration of 31 the parties' joint status report, and the entire record herein, it is hereby ORDERED that the parties shall submit a joint status report by not later than December 12, 2014. SO ORDERED. Signed by Judge John D. Bates on 10/28/14. (lcjdb1) (Entered: 10/28/2014)
2014-10-28		Set/Reset Deadlines: Joint Status Report due by 12/12/2014. (tb, ) (Entered: 10/28/2014)
2014-12-11	32	Joint MOTION for Extension of Time to File Joint Status Report by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON (Weismann, Anne) (Entered: 12/11/2014)
2014-12-11		MINUTE ORDER: Upon consideration of 32 the parties' joint motion for extension of time to file a joint status report, and the entire record herein, it is hereby ORDERED that the motion is GRANTED; and it is further ORDERED that the parties shall submit a joint status report by not later than January 12, 2015. SO ORDERED. Signed by Judge John D. Bates on 12/11/14. (lcjdb1) (Entered: 12/11/2014)
2014-12-16		Set/Reset Deadlines: Joint Status Report due by 1/12/2015. (tb, ) (Entered: 12/16/2014)
2015-01-09	33	Joint MOTION for Extension of Time to File Joint Status Report by U.S. DEPARTMENT OF JUSTICE (Humphreys, Bradley) (Entered: 01/09/2015)
2015-01-09		MINUTE ORDER: Upon consideration of 33 the parties' joint motion for extension of time to file a joint status report, and the entire record herein, it is hereby ORDERED that the motion is GRANTED; and it is further ORDERED that the parties shall submit a joint status report by not later than February 22, 2015. SO ORDERED. Signed by Judge John D. Bates on 1/9/15. (lcjdb1) (Entered: 01/09/2015)
2015-01-13		Set/Reset Deadlines: Status Report due by 2/22/2015. (tb, ) (Entered: 01/13/2015)
2015-02-11	34	NOTICE of Change of Address by Anne L. Weismann (Weismann, Anne) (Entered: 02/11/2015)
2015-02-11	35	STATUS REPORT and Joint Motion to Set Briefing Schedule by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON. (Attachments: # 1 Text of Proposed Order)(Weismann, Anne) (Entered: 02/11/2015)
2015-02-11		MINUTE ORDER: Upon consideration of 35 the parties' joint motion for briefing schedule, and the entire record herein, it is hereby ORDERED that the motion is GRANTED; it is further ORDERED that plaintiff's motion for a fee award shall be filed by not later than March 27, 2015; it is further ORDERED that defendant's response shall be filed by not later than April 28, 2015; and it is further ORDERED that plaintiff's reply shall be filed by not later than May 13, 2015. SO ORDERED. Signed by Judge John D. Bates on 2/11/15. (lcjdb1) (Entered: 02/11/2015)
2015-02-13		Set/Reset Deadlines: Motion for fee award due by 3/27/2015. Response due by 4/28/2015. Reply due by 5/13/2015. (tb, ) (Entered: 02/13/2015)
2015-02-25	36	NOTICE OF SUBSTITUTION OF COUNSEL by Arjun Garg on behalf of U.S. DEPARTMENT OF JUSTICE Substituting for attorney Bradley P. Humphreys (Garg, Arjun) (Entered: 02/25/2015)
2015-03-23	37	Unopposed MOTION for Extension of Time to File Motion for a Fee Award by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON (Attachments: # 1 Text of Proposed Order)(Weismann, Anne) (Entered: 03/23/2015)
2015-03-23		MINUTE ORDER: Upon consideration of 37 plaintiff's unopposed motion for extension of time, and the entire record herein, it is hereby ORDERED that the motion is GRANTED; it is further ORDERED that plaintiff's motion for a fee award shall be filed by not later than April 1, 2015; it is further ORDERED that defendant's response shall be filed by not later than May 1, 2015; and it is further ORDERED that plaintiff's reply shall be filed by not later than May 18, 2015. SO ORDERED. Signed by Judge John D. Bates on 3/23/15. (lcjdb1) (Entered: 03/23/2015)
2015-03-24		Set/Reset Deadlines: Motion due by 4/1/2015. Response due by 5/1/2015. Reply due by 5/18/2015. (tb, ) (Entered: 03/24/2015)
2015-04-01	38	MOTION for Attorney Fees by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON (Attachments: # 1 Memorandum in Support, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Declaration)(Weismann, Anne) (Entered: 04/01/2015)
2015-04-30	39	NOTICE OF SUBSTITUTION OF COUNSEL by Adam J. Rappaport on behalf of CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON Substituting for attorney Anne L. Weismann (Rappaport, Adam) (Entered: 04/30/2015)
2015-05-01	40	Memorandum in opposition to re 38 MOTION for Attorney Fees filed by U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Exhibit A - Garg Declaration, # 2 Exhibit B - Malowane Declaration, # 3 Exhibit C - Yablonski Declaration)(Garg, Arjun) (Entered: 05/01/2015)
2015-05-06	41	NOTICE of Appearance by David L. Sobel on behalf of CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON (Sobel, David) (Entered: 05/06/2015)
2015-05-08	42	Consent MOTION for Extension of Time to File Response/Reply in Support of Motion for Attorneys' Fees and Costs by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON (Sobel, David) (Entered: 05/08/2015)
2015-05-08		MINUTE ORDER: Upon consideration of 42 plaintiff's consent motion for extension of time to file a reply, and the entire record herein, it is hereby ORDERED that the motion is GRANTED; and it is further ORDERED that plaintiff shall file its reply by not later than June 1, 2015. SO ORDERED. Signed by Judge John D. Bates on 5/8/15. (lcjdb1) (Entered: 05/08/2015)
2015-05-11		Set/Reset Deadlines: Answer due by 6/1/2015. (tb, ) (Entered: 05/11/2015)
2015-06-01	43	REPLY to opposition to motion re 38 MOTION for Attorney Fees filed by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Sobel, David) (Entered: 06/01/2015)
2015-08-07	44	ORDER requesting supplemental briefing. See text of Order for details. Signed by Judge John D. Bates on 8/7/15. (lcjdb1) (Entered: 08/07/2015)
2015-08-10		Set/Reset Deadlines: The parties shall file supplemental briefs on the subject of a reasonable hourly rate, not to exceed fifteen (15) pages by 9/8/2015. (jth) (Entered: 08/10/2015)
2015-08-31	45	Unopposed MOTION for Extension of Time to File Supplemental Briefing by U.S. DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Garg, Arjun) (Entered: 08/31/2015)
2015-08-31		MINUTE ORDER: Upon consideration of 45 defendant's consent motion for extension of time, and the entire record herein, it is hereby ORDERED that the motion is GRANTED; and it is further ORDERED that the parties shall file their supplemental briefs by not later than September 22, 2015. SO ORDERED. Signed by Judge John D. Bates on 8/31/15. (lcjdb1) (Entered: 08/31/2015)
2015-09-11		Set/Reset Deadlines: Brief due by 9/22/2015. (tb) (Entered: 09/11/2015)
2015-09-22	46	SUPPLEMENTAL MEMORANDUM to re a Reasonable Hourly Rate in This Case filed by U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Declaration of Dr. Laura A. Malowane)(Garg, Arjun) (Entered: 09/22/2015)
2015-09-22	47	SUPPLEMENTAL MEMORANDUM to re 38 MOTION for Attorney Fees filed by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON. (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)(Sobel, David) (Entered: 09/22/2015)
2015-10-05	48	NOTICE OF SUPPLEMENTAL AUTHORITY by U.S. DEPARTMENT OF JUSTICE (Attachments: # 1 Exhibit A)(Garg, Arjun) (Entered: 10/05/2015)
2015-10-27	49	ORDER granting in part 38 plaintiff's motion for attorneys' fees and costs. See text of Order and accompanying memorandum opinion for details. Signed by Judge John D. Bates on 10/27/2015. (lcjdb1) (Entered: 10/27/2015)
2015-10-27	50	MEMORANDUM OPINION. See text for details. Signed by Judge John D. Bates on 10/27/15. (lcjdb1) (Entered: 10/27/2015)
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