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Case TitleCITIZENS UNITED v. UNITED STATES DEPARTMENT OF STATE
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2015cv00518
Date Filed2015-04-09
Date Closed2016-09-19
JudgeJudge Amy Berman Jackson
PlaintiffCITIZENS UNITED
Case DescriptionCitizens United submitted two FOIA requests to the Department of State. The first request was for records concerning the Chagoury Group in Nigeria. The second request was for records concerning Rajiv Fernando. The agency acknowledged receipt of both requests, but after hearing nothing further from the agency, Citizens United filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Vaughn index, Litigation - Attorney's fees

DefendantUNITED STATES DEPARTMENT OF STATE
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

2015-04-091COMPLAINT against UNITED STATES DEPARTMENT OF STATE ( Filing fee $ 400 receipt number 0090-4051184) filed by CITIZENS UNITED. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Summons Attorney General, # 7 Summons State Department, # 8 Summons US Attorney for the District of Columbia)(Berg, Ralph) (Entered: 04/09/2015)
2015-04-092Corporate Disclosure Statement by CITIZENS UNITED. (Berg, Ralph) (Entered: 04/09/2015)
2015-04-09Case Assigned to Judge Amy Berman Jackson. (rd) (Entered: 04/09/2015)
2015-04-093SUMMONS (3) Issued Electronically as to UNITED STATES DEPARTMENT OF STATE, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Consent Form, # 2 Notice of Consent)(rd) (Entered: 04/09/2015)
2015-06-034RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 4/15/2015. ( Answer due for ALL FEDERAL DEFENDANTS by 5/15/2015.), RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES DEPARTMENT OF STATE served on 4/15/2015 (Attachments: # 1 Affidavit of R. Christian Berg)(Berg, Ralph) (Entered: 06/03/2015)
2015-06-035AFFIDAVIT FOR DEFAULT re 4 Summons Returned Executed in FOIA as to U.S. Attorney, Summons Returned Executed as to U.S. Attorney General, Summons Returned Executed as to Federal Defendant,,, by CITIZENS UNITED. (Berg, Ralph) (Entered: 06/03/2015)
2015-06-046VACATED PURSUANT TO MINUTE ORDER FILED 06/17/15.....Clerk's ENTRY OF DEFAULT as to UNITED STATES DEPARTMENT OF STATE. (jf) Modified on 6/17/2015 (jth). (Entered: 06/04/2015)
2015-06-047WITHDRAWN PURSUANT TO NOTICE FILED 06/16/15.....MOTION for Default Judgment as to by CITIZENS UNITED (Attachments: # 1 Affidavit in Support of Motion for Default Judgment, # 2 Text of Proposed Order)(Berg, Ralph) Modified on 6/17/2015 (jth). (Entered: 06/04/2015)
2015-06-11MINUTE ORDER directing plaintiff to either hand-deliver or email with a read receipt a copy of the Motion for Default Judgment [Dkt. # 7] and accompanying materials to the Chief of the Civil Division of the U.S. Attorney's Office for the District of Columbia on or before June 15, 2015. Signed by Judge Amy Berman Jackson on 6/11/2015. (lcabj3) (Entered: 06/11/2015)
2015-06-168MOTION to Vacate 6 Clerk's Entry of Default by UNITED STATES DEPARTMENT OF STATE (Todd, James). (Entered: 06/16/2015)
2015-06-169MOTION for Extension of Time to File Answer re 1 Complaint, Nunc Pro Tunc, with Answer Lodged by UNITED STATES DEPARTMENT OF STATE (Attachments: # 1 Exhibit Lodged Answer)(Todd, James) (Entered: 06/16/2015)
2015-06-1610Memorandum in opposition to re 7 MOTION for Default Judgment as to filed by UNITED STATES DEPARTMENT OF STATE. (See Docket Entry 8 to view document) (jf) (Entered: 06/16/2015)
2015-06-16MINUTE ORDER directing plaintiff to inform the Court of its position on defendant's Motion for Extension of Time to Respond Nunc Pro Tunc 9 on or before June 18, 2015. Signed by Judge Amy Berman Jackson on 6/16/2015. (lcabj3) (Entered: 06/16/2015)
2015-06-1611WITHDRAWAL of Motion by CITIZENS UNITED re 7 MOTION for Default Judgment as to filed by CITIZENS UNITED . (Berg, Ralph) (Entered: 06/16/2015)
2015-06-17MINUTE ORDER. In light of plaintiff's notice of withdrawal of its motion for default judgment 11 , it is ORDERED that defendant's Motion to Vacate Clerk's Entry of Default 8 is GRANTED. The Clerk is directed to vacate the entry of default 6 . It is FURTHER ORDERED that defendant's Motion for Extension of Time to Respond Nunc Pro Tunc to the complaint 9 is GRANTED. The Clerk is directed to file defendant's answer to the complaint [9-1] on the docket. Signed by Judge Amy Berman Jackson on 6/17/2015. (lcabj3) (Entered: 06/17/2015)
2015-06-1712ORDER. Before the Court in this FOIA case are a complaint and an answer. The requirements of LCvR 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 according to which it will complete its production of documents to plaintiff on or before July 16, 2015. See order for details. Signed by Judge Amy Berman Jackson on 6/17/2015. (lcabj3) (Entered: 06/17/2015)
2015-06-17Set/Reset Deadlines: Defendant shall either file a Dispositive Motion or, in the alternative, a Report setting forth the schedule according to which it will complete its production of documents to plaintiff by 7/16/2015. (jth) (Entered: 06/17/2015)
2015-06-1713ANSWER to Complaint by UNITED STATES DEPARTMENT OF STATE.(jf) (Entered: 06/17/2015)
2015-07-1614STATUS REPORT by UNITED STATES DEPARTMENT OF STATE. (Attachments: # 1 Text of Proposed Order)(Todd, James) (Entered: 07/16/2015)
2015-07-1715STATUS REPORT Amended by UNITED STATES DEPARTMENT OF STATE. (Attachments: # 1 Text of Proposed Order)(Todd, James) (Entered: 07/17/2015)
2015-07-17MINUTE ORDER. In light of defendant's amended initial status report 15 , it is ORDERED that the rolling production shall begin on August 31, 2015, and continue on a monthly basis after that. It is FURTHER ORDERED that a status report is due on September 1, 2015. Signed by Judge Amy Berman Jackson on 7/17/2015. (lcabj3) (Entered: 07/17/2015)
2015-07-19Set/Reset Deadlines: Status Report due by 9/1/2015. (jth) (Entered: 07/19/2015)
2015-09-0116Supplemental STATUS REPORT by UNITED STATES DEPARTMENT OF STATE. (Attachments: # 1 Text of Proposed Order)(Todd, James) (Entered: 09/01/2015)
2015-09-02MINUTE ORDER. In light of the Supplemental Status Report 16 , it is ORDERED that defendant shall file a further status report by November 2, 2015. Signed by Judge Amy Berman Jackson on 9/2/2015. (lcabj3) (Entered: 09/02/2015)
2015-09-02Set/Reset Deadlines: Defendant shall file a further Status Report by 11/2/2015. (jth) (Entered: 09/02/2015)
2015-09-0317NOTICE re Motion for Designation of Coordinating Judge by UNITED STATES DEPARTMENT OF STATE (Attachments: # 1 Exhibit)(Todd, James) (Entered: 09/03/2015)
2015-09-0318MOTION to Stay Pending Resolution of Motion for Designation of Coordinating Judge by UNITED STATES DEPARTMENT OF STATE (Attachments: # 1 Text of Proposed Order)(Todd, James) (Entered: 09/03/2015)
2015-09-0419NOTICE of Court Order in Misc. Case No. 15-1188 by UNITED STATES DEPARTMENT OF STATE (Attachments: # 1 Exhibit)(Todd, James) (Entered: 09/04/2015)
2015-09-1720NOTICE of Appearance by Theodore B. Olson on behalf of CITIZENS UNITED (Olson, Theodore) (Entered: 09/17/2015)
2015-09-1721NOTICE of Appearance by Matthew D. McGill on behalf of CITIZENS UNITED (McGill, Matthew) (Entered: 09/17/2015)
2015-09-1722Memorandum in opposition to re 18 MOTION to Stay Pending Resolution of Motion for Designation of Coordinating Judge filed by CITIZENS UNITED. (Olson, Theodore) (Entered: 09/17/2015)
2015-09-18MINUTE ORDER granting in part and denying in part defendant's Motion to Stay 18 . "The power to stay proceedings is... inherent in every court to control the disposition of the causes on its docket with economy of time and effort for itself, for counsel, and for litigants." Fonville v. District of Columbia, 766 F. Supp. 2d 171, 172-73 (D.D.C. 2011), quoting Air Line Pilots Ass'n v. Miller, 523 U.S. 866, 879 n.6 (1998). Accordingly, it is ORDERED that the rolling production of any records within defendant's files, as well as any emails from former Secretary Clinton's private email server that have already been identified as responsive to plaintiff's FOIA requests shall continue without interruption. And it is FURTHER ORDERED that the processing and production of any other documents from the private account is stayed pending the resolution of the consolidation motion. Signed by Judge Amy Berman Jackson on 9/18/2015. (lcabj3) (Entered: 09/18/2015)
2015-10-08MINUTE ORDER. In light of the Order entered in No. 15-mc-1188 denying the government's motion for the designation of a coordinating judge, it is ORDERED that the stay of this case is hereby lifted. It is FURTHER ORDERED that defendant shall file on or before October 15, 2015 a proposed updated schedule for the production of any and all additional responsive records, taking into consideration the information the defendant provided to the Court in Leopold v. U.S. Department of State, No. 15-cv-123 (RC) concerning the status of the release of non-exempt portions of records subject to FOIA contained in the emails provided to State by former Secretary Clinton, but also including information concerning the status of the release of records subject to FOIA contained in the emails provided to State by other former employees, such as Cheryl Mills, Huma Abedin, Jacob Sullivan, and Phillippe Reines. Plaintiff shall then have until October 19, 2015, to indicate to the Court whether it has any objections to defendant's proposal. SO ORDERED. Signed by Judge Amy Berman Jackson on 10/8/2015. (lcabj3) (Entered: 10/08/2015)
2015-10-14Set/Reset Deadlines: Defendant shall file by 10/15/2015 a proposed updated schedule for the production of any and all additional responsive records; Plaintiff shall then have until 10/19/2015, to indicate to the Court whether it has any objections to defendant's proposal. (jth) (Entered: 10/14/2015)
2015-10-1523Supplemental STATUS REPORT by UNITED STATES DEPARTMENT OF STATE. (Attachments: # 1 Text of Proposed Order)(Todd, James) (Entered: 10/15/2015)
2015-10-20MINUTE ORDER. Before the Court is 23 defendant's status report and proposed schedule for the processing and production of additional responsive records to plaintiff's Freedom of Information Act requests. The defendant is ORDERED to produce responsive records on a rolling basis, concluding on or before February 29, 2016. The defendant is FURTHER ORDERED to file a status report by February 1, 2016, advising the Court of the status of the review and production, including the review of Secretary Clinton's emails, as well as the emails of Cheryl Mills, Huma Abedin, and Phillipe Reines. SO ORDERED. Signed by Judge Amy Berman Jackson on 10/20/2015. (lcabj3) (Entered: 10/20/2015)
2015-10-21Set/Reset Deadlines: The Defendant is to file a Report by 2/1/2016, advising the Court of the Status of the Review and Production, including the Review of Secretary Clinton's emails, as well as the emails of Cheryl Mills, Huma Abedin, and Phillipe Reines. (jth) (Entered: 10/21/2015)
2016-02-0224Supplemental STATUS REPORT by UNITED STATES DEPARTMENT OF STATE. (Todd, James) (Entered: 02/02/2016)
2016-02-03MINUTE ORDER. In light of the parties' joint 24 status report, it is ORDERED that the parties shall file a further joint status report on or before March 15, 2016. Signed by Judge Amy Berman Jackson on 2/3/2016. (lcabj3) (Entered: 02/03/2016)
2016-02-04Set/Reset Deadlines: The parties shall file a further Joint Status Report by 3/15/2016. (jth) (Entered: 02/04/2016)
2016-02-2925Joint STATUS REPORT by CITIZENS UNITED. (McGill, Matthew) (Entered: 02/29/2016)
2016-03-01MINUTE ORDER. Before the Court is 25 the parties' joint status report. The parties have alerted the Court that defendant has identified a "new source of files" which likely contains information responsive to plaintiff's Freedom of Information Act requests. The parties disagree on a proposed schedule for the processing and production of those approximately 2,000 additional pages of responsive documents. Defendant is hereby ORDERED to produce the newly-identified documents no later than August 1, 2016. The parties are FURTHER ORDERED to file a status report, on or before August 12, 2016, to update the Court on the status of the document production and to propose a schedule for further proceedings, if necessary. Signed by Judge Amy Berman Jackson on 3/1/2016. (lcabj3) (Entered: 03/01/2016)
2016-03-01Set/Reset Deadlines: The parties are to file a Status Report by 8/12/2016, that updates the Court on the Status of the document production and to propose a schedule for further proceedings, if necessary. (jth) (Entered: 03/01/2016)
2016-08-1226Joint STATUS REPORT by CITIZENS UNITED. (McGill, Matthew) (Entered: 08/12/2016)
2016-08-12MINUTE ORDER. Plaintiff's motion for summary judgment shall be filed by September 16, 2016. Defendant's cross-motion, combined with its opposition in a single memorandum of points and authorities, shall be filed by September 30, 2016. Plaintiff's reply and cross-opposition, supported by a single memorandum, shall be filed by October 5, 2016. And defendant's cross-reply is due by October 11, 2016. SO ORDERED. Signed by Judge Amy Berman Jackson on 8/12/2016. (lcabj3) (Entered: 08/12/2016)
2016-08-14Set/Reset Deadlines: Plaintiff's motion for summary judgment is due by 9/16/2016; Defendant's cross-motion, combined with its opposition in a single memorandum of points and authorities, is due by 9/30/2016; Plaintiff's reply and cross-opposition, supported by a single memorandum, is due by 10/5/2016; Defendant's cross-reply is due by 10/11/2016. (jth) (Entered: 08/14/2016)
2016-09-1627STIPULATION of Dismissal Without Prejudice by CITIZENS UNITED. (McGill, Matthew) (Entered: 09/16/2016)
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