Skip to content

Case Detail

[Subscribe to updates]
Case TitleCITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON v. U.S. DEPARTMENT OF JUSTICE et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2013cv01291
Date Filed2013-08-27
Date Closed2016-03-08
JudgeJudge Amit P. Mehta
PlaintiffCITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON
Case DescriptionCREW filed suit against the Department of Justice to enforce Section (a)(2) of FOIA requiring agencies to make public final opinions. CREW argued that DOJ's refusal to make public Office of Legal Counsel opinions violated Section (a)(2). DOJ argued that CREW did not have a remedy under FOIA or the APA to enforce the provisions of Section (a)(2).
Complaint issues: Litigation - Attorney's fees

DefendantU.S. DEPARTMENT OF JUSTICE
DefendantERIC H. HOLDER, JR. in his official capacityi as Attorney General
DefendantVIRGINIA A. SEITZ in her official capacity as Assistant Attorney General
TERMINATED: 10/01/2014
DefendantKARL THOMPSON in his official capacity as Principal Deputy Assistant Attorney General
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2013-08-271COMPLAINT against ERIC HOLDER, Virginia A. Seitz, U.S. DEPARTMENT OF JUSTICE ( Filing fee $ 400 receipt number 0090-3446438) filed by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Summons, # 6 Summons)(Weismann, Anne) (Entered: 08/27/2013)
2013-08-272Corporate Disclosure Statement by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON. (Weismann, Anne) (Entered: 08/27/2013)
2013-08-27Case Assigned to Judge Emmet G. Sullivan. (md, ) (Entered: 08/27/2013)
2013-08-283ELECTRONIC SUMMONS ISSUED (4) as to ERIC HOLDER, VIRGINIA A. SEITZ, U.S. DEPARTMENT OF JUSTICE, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Summons 2nd, # 2 Summons 3rd, # 3 Summons 4th, # 4 Notice of Consent, # 5 Consent Form)(md, ) (Entered: 08/28/2013)
2013-10-034NOTICE of Appearance by Daniel Schwei on behalf of All Defendants (Schwei, Daniel) (Entered: 10/03/2013)
2013-10-035Consent MOTION for Extension of Time to Respond to Complaint In Light of Lapse of Appropriations by ERIC HOLDER, VIRGINIA A. SEITZ, U.S. DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Schwei, Daniel) (Entered: 10/03/2013)
2013-10-036ERRATA Corrected Consent Motion and Proposed Order for Extension of Time to Respond to Complaint In Light of Lapse of Appropriations by ERIC HOLDER, VIRGINIA A. SEITZ, U.S. DEPARTMENT OF JUSTICE 5 Consent MOTION for Extension of Time to Respond to Complaint In Light of Lapse of Appropriations filed by U.S. DEPARTMENT OF JUSTICE, ERIC HOLDER, VIRGINIA A. SEITZ. (Attachments: # 1 Text of Proposed Order)(Schwei, Daniel) (Entered: 10/03/2013)
2013-10-07MINUTE ORDER granting 6 consent motion for extension of time to respond to the complaint. Defendants' deadline for responding to the complaint is hereby extended commensurate with duration of the lapse in appropriations. Signed by Judge Emmet G. Sullivan on October 7, 2013. (lcegs4) (Entered: 10/07/2013)
2013-10-227NOTICE to the Court of Restoration of Appropriations by ERIC HOLDER, VIRGINIA A. SEITZ, U.S. DEPARTMENT OF JUSTICE re 6 Errata, (Schwei, Daniel) (Entered: 10/22/2013)
2013-11-138MOTION to Dismiss by ERIC HOLDER, VIRGINIA A. SEITZ, U.S. DEPARTMENT OF JUSTICE (Attachments: # 1 Memorandum in Support, # 2 Exhibit 1 - CREW's Letter to OLC, # 3 Exhibit 2 - OLC's Letter to CREW, # 4 Exhibit 3 - OLC Best Practices Memo, # 5 Exhibit 4 - CREW FOIA Request, # 6 Exhibit 5 - OLC Records Schedule, # 7 Text of Proposed Order)(Schwei, Daniel) (Entered: 11/13/2013)
2013-11-159Joint MOTION for Extension of Time to File Response/Reply as to 8 MOTION to Dismiss by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON (Attachments: # 1 Text of Proposed Order)(Weismann, Anne) (Entered: 11/15/2013)
2013-11-20MINUTE ORDER granting 9 joint motion to extend the briefing schedule. Plaintiff's opposition to the pending motion to dismiss shall be filed by no later than December 23, 2013, and defendants' reply shall be filed by no later than January 30, 2014. Signed by Judge Emmet G. Sullivan on November 20, 2013. (lcegs4) (Entered: 11/20/2013)
2013-11-21Set/Reset Deadlines: Plaintiff's Opposition due by 12/23/2013. Defendant's Reply due by 1/30/2014. (mac) (Entered: 11/21/2013)
2013-12-2310Memorandum in opposition to re 8 MOTION to Dismiss filed by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON. (Attachments: # 1 Text of Proposed Order)(Weismann, Anne) (Entered: 12/23/2013)
2014-01-3011REPLY to opposition to motion re 8 MOTION to Dismiss filed by ERIC H. HOLDER, JR, VIRGINIA A. SEITZ, U.S. DEPARTMENT OF JUSTICE. (Schwei, Daniel) (Entered: 01/30/2014)
2014-02-0512Unopposed MOTION for Leave to File Sur-reply to Defendants' Reply in Support of Motion to Dismiss by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON (Attachments: # 1 Appendix, # 2 Text of Proposed Order)(Weismann, Anne) (Entered: 02/05/2014)
2014-04-2413NOTICE OF SUPPLEMENTAL AUTHORITY by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON (Weismann, Anne) (Entered: 04/24/2014)
2014-04-24MINUTE ORDER granting 12 plaintiff's unopposed motion for leave to file a surreply. The proposed surreply attached to 12 plaintiff's motion shall be deemed filed in this case. Signed by Judge Emmet G. Sullivan on April 24, 2014. (lcegs2) (Entered: 04/24/2014)
2014-04-2414SURREPLY to re 8 MOTION to Dismiss filed by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON. (jf, ) (Entered: 04/25/2014)
2014-05-0215RESPONSE re 13 NOTICE OF SUPPLEMENTAL AUTHORITY filed by ERIC H. HOLDER, JR, VIRGINIA A. SEITZ, U.S. DEPARTMENT OF JUSTICE. (Schwei, Daniel) (Entered: 05/02/2014)
2014-07-02MINUTE ORDER. The Court sua sponte schedules a motions hearing on 8 defendants' motion to dismiss for September 4, 2014 at 10:30 a.m. in Courtroom 24A. Signed by Judge Emmet G. Sullivan on July 2, 2014. (lcegs7) (Entered: 07/02/2014)
2014-07-03Set/Reset Hearings: Motion Hearing set for 9/4/2014 at 10:30 AM in Courtroom 24A before Judge Emmet G. Sullivan. (mac) (Entered: 07/03/2014)
2014-08-0516NOTICE of Change of Address by Anne L. Weismann (Weismann, Anne) (Entered: 08/05/2014)
2014-08-28MINUTE ORDER. Due to unforeseen circumstances, it is necessary to reschedule the motions hearing currently scheduled for September 4, 2014. The motions hearing will now take place on September 24, 2014 at 10:00 a.m. in Courtroom 24A. The Court regrets any inconvenience to the parties. Signed by Judge Emmet G. Sullivan on August 28, 2014. (lcegs7) (Entered: 08/28/2014)
2014-08-28Set/Reset Hearings: Motion Hearing set for 9/24/2014 at 10:00 AM in Courtroom 24A before Judge Emmet G. Sullivan. (mac) (Entered: 08/28/2014)
2014-09-24Minute Entry for proceedings held before Judge Emmet G. Sullivan: Motion Hearing held on 9/24/2014 re 8 MOTION to Dismiss. Order To Be Issued. (Court Reporter SCOTT WALLACE.) (mac) (Entered: 09/24/2014)
2014-09-24MINUTE ORDER. For the reasons stated on the record during the September 24, 2014 motions hearing, the Court DENIES WITHOUT PREJUDICE 8 defendants' motion to dismiss. The plaintiff is directed to file by October 1, 2014 an amended complaint clarifying the relief sought, the legal basis for such relief, and the avenue for judicial review of the claim. It is FURTHER ORDERED that any motion to dismiss the amended complaint by defendants shall be filed by no later than October 20, 2014; plaintiff's response shall be filed by no later than November 3, 2014; and any reply by defendants shall be filed by no later than November 17, 2014. The Court schedules a motions hearing for January 6, 2015 at 10:00 a.m. in Courtroom 24A. In their briefing, the parties should include an expanded discussion of the following issues: whether a plaintiff may assert a FOIA claim pursuant to 5 U.S.C. § 552(a)(2) without also seeking relief pursuant to § 552(a)(3); the scope of the Court's authority, under FOIA or the APA, to issue a remedy ordering future compliance with § 552(a)(2) by an agency; and the extent to which ordering future compliance with § 552(a)(2) constitutes relief of the "same genre" as the remedy available under FOIA. Signed by Judge Emmet G. Sullivan on September 24, 2014. (lcegs7) (Entered: 09/24/2014)
2014-09-25Set/Reset Deadlines/Hearings: Amended Complaint due by 10/1/2014. Motion To Dismiss Amended Complaint due by 10/20/2014. Plaintiff Response due by 11/3/2014 Defendant Repy due by 11/17/2014. Motion Hearing set for 1/6/2015 at 10:00 AM in Courtroom 24A before Judge Emmet G. Sullivan. (mac) (Entered: 09/25/2014)
2014-09-2917NOTICE of Appearance by Alan B. Morrison on behalf of All Plaintiffs (Morrison, Alan) (Main Document 17 replaced on 9/30/2014) (jf, ). (Entered: 09/29/2014)
2014-10-0118AMENDED COMPLAINT against ERIC H. HOLDER, JR, VIRGINIA A. SEITZ, U.S. DEPARTMENT OF JUSTICE filed by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON.(Weismann, Anne) (Entered: 10/01/2014)
2014-10-2019Second MOTION to Dismiss by ERIC H. HOLDER, JR, VIRGINIA A. SEITZ, KARL THOMPSON, U.S. DEPARTMENT OF JUSTICE (Attachments: # 1 Memorandum in Support, # 2 Exhibit 1 - CREW Letter to OLC, # 3 Exhibit 2 - OLC Letter to CREW, # 4 Exhibit 3 - OLC Best Practices Memo, # 5 Text of Proposed Order)(Schwei, Daniel) (Entered: 10/20/2014)
2014-11-0320Memorandum in opposition to re 19 Second MOTION to Dismiss filed by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON. (Attachments: # 1 Text of Proposed Order)(Weismann, Anne) (Entered: 11/03/2014)
2014-11-1721REPLY to opposition to motion re 19 Second MOTION to Dismiss filed by ERIC H. HOLDER, JR, VIRGINIA A. SEITZ, KARL THOMPSON, U.S. DEPARTMENT OF JUSTICE. (Schwei, Daniel) (Entered: 11/17/2014)
2014-12-18MINUTE ORDER. The Court, sua sponte, cancels the motion hearing scheduled for January 6, 2015. In the event the Court determines that a hearing is necessary to resolve 19 the pending motion to dismiss, the Court will advise the parties and reschedule the hearing for a mutually agreeable date and time. Signed by Judge Emmet G. Sullivan on December 18, 2014. (lcegs4) (Entered: 12/18/2014)
2014-12-2322SUPPLEMENTAL MEMORANDUM to re 19 Second MOTION to Dismiss With Recent Authority filed by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Weismann, Anne) (Entered: 12/23/2014)
2014-12-30Case reassigned to Judge Amit P. Mehta. Judge Emmet G. Sullivan no longer assigned to the case. (ztnr, ) (Entered: 12/30/2014)
2015-01-0923RESPONSE re 22 Supplemental Memorandum filed by ERIC H. HOLDER, JR, VIRGINIA A. SEITZ, KARL THOMPSON, U.S. DEPARTMENT OF JUSTICE. (Schwei, Daniel) (Entered: 01/09/2015)
2015-02-1124NOTICE of Change of Address by Anne L. Weismann (Weismann, Anne) (Entered: 02/11/2015)
2015-05-0125NOTICE 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: 05/01/2015)
2016-02-18NOTICE of Hearing: Hearing regarding 19 Defendants' Renewed Motion to Dismiss set for 2/26/2016 at 10:45 AM in Courtroom 10 before Judge Amit P. Mehta. (zmm) (Entered: 02/18/2016)
2016-02-18MINUTE ORDER: At the February 26, 2016, hearing on 19 Defendants' Renewed Motion to Dismiss, the parties should be prepared to address: (1) the "Supplemental Opinion on Petition for Rehearing" in Irons v. Schuyler, 456 F.2d 608, 614-615 (D.C. Cir. 1972), and (2) whether the OLC memoranda Plaintiff seeks disclosed are "statements of policy [or] interpretations which have been adopted by [an] agency" for purposes of 5 U.S.C. 552(a)(2)(B). Signed by Judge Amit P. Mehta on 02/18/2016. (lcapm2) (Entered: 02/18/2016)
2016-02-26Minute Entry for proceedings held before Judge Amit P. Mehta: Motion Hearing held on 2/26/2016 re 19 Second MOTION to Dismiss filed by U.S. DEPARTMENT OF JUSTICE, KARL THOMPSON, ERIC H. HOLDER, JR., VIRGINIA A. SEITZ. Oral Argument heard, and motion taken under advisement. (Court Reporter: Barbara DeVico.) (tj) (Entered: 02/26/2016)
2016-03-0726MEMORANDUM OPINION re: 19 Defendants' Renewed Motion to Dismiss. Signed by Judge Amit P. Mehta on 03/07/2016. (lcapm2) (Entered: 03/07/2016)
2016-03-0727ORDER granting 19 Defendants' Renewed Motion to Dismiss. Signed by Judge Amit P. Mehta on 03/07/2016. (lcapm2) (Entered: 03/07/2016)
2016-04-2828NOTICE OF APPEAL TO DC CIRCUIT COURT re 26 & 27 by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON. Filing fee $ 505, receipt number 0090-4503485. Fee Status: Fee Paid. Parties have been notified. (Rappaport, Adam) Modified on 4/28/2016 to add linkage (zrdj). (Entered: 04/28/2016)
2016-04-2829Transmission of the Notice of Appeal, Order Appealed, and Docket Sheet to US Court of Appeals. The Court of Appeals fee was paid this date re 28 Notice of Appeal to DC Circuit Court. (zrdj) (Entered: 04/28/2016)
2016-04-29USCA Case Number 16-5110 for 28 Notice of Appeal to DC Circuit Court, filed by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON. (zrdj) (Entered: 04/29/2016)
Hide Docket Events
by FOIA Project Staff
Skip to toolbar