Case Detail

FOIA Project Annotation: Judge Colleen Kollar-Kotelly has ruled that Feliciana Reyes is entitled to $20,000 in attorney's fees for her suit against the National Archives and Records Administration for records concerning the role of female guerilla fighters in the Philippines during World War II, but reduced Reyes' requested award after agreeing with the agency that work done by Reyes' second attorney was duplicative and thus unnecessary. Reyes requested records concerning an Army report that had recognized the role of the Filipino female guerilla fighters. After the agency failed to respond in a timely manner, Reyes filed suit. Kollar-Kotelly issued a consent order requiring the agency to process Reyes' request by August 18, 2017. The agency did so, locating 153 responsive pages, disclosing 30 pages in full, 31 pages in part, and withholding 88 pages entirely. Reyes initially indicated that she would challenge the agency's exemption claims, but after discussions with the agency decided not to do so. However, she did file a motion for attorney's fees. NARA argued that the consent order did not show that Reyes had substantially prevailed because it only memorialized the parties' existing agreement. Kollar-Kotelly observed that "defendant misconstrues the standard. That the Court ordered Defendant to do something that it had voluntarily agreed to do in the course of litigation is irrelevant. What matters is that the Court ordered Defendant to take an action, make an initial release of responsive records by August 18, 2017, that Defendant had been unwilling to do prior to the initiation of this lawsuit. And, here, there is no evidence that Defendant was willing to make its initial disclosure by a date certain prior to Plaintiff filing her lawsuit." She added that "regardless of Defendant's voluntary agreement to release the records by August 18, 2017, the Court's Consent Order changed the legal relationship between the parties by creating a legal obligation for Defendant to release the documents." NARA argued that Reyes' request was not in the public interest and pointed to the fact that the U.S. Court of Appeals for Veterans Claims had rejected Reyes argument based on the documents she received from her FOIA request. Kollar-Kotelly disagreed, noting that "the D.C. Circuit has explained that a court should assess the potential public value of the information sought, not the public value of the information that was actually disclosed through the FOIA litigation." NARA questioned Reyes' personal and commercial motivation in making the request since she had made it as a substitute for discovery in her Veterans Claims appeal. Kollar-Kotelly agreed that her veterans claim suggested a personal or commercial interest in the litigation but pointed out that special circumstances existed here mitigating those factors. She explained that Reyes' request not only benefitted her personally but thousands of other female Filipino guerilla fighters who were also seeking compensation and that she had been represented pro bono. Kollar-Kotelly indicated that "granting attorneys' fees in these circumstances, where Plaintiff is represented pro bono and where her request benefits others, would further the purposes of FOIA." On the issue of whether the agency's position was reasonable, she pointed out that "this purpose would not be served if it were reasonable for agencies to withhold documents for indeterminant periods of time because they have too many FOIA requests and too few FOIA staff members." Reyes had used the two attorneys working on her veterans claims appeal to assist her in her FOIA litigation. Finding the use of two attorneys unnecessary here, Kollar-Kotelly noted that "even if two attorneys were required for her appeal, that does not lead to the conclusion that two attorneys were required for this straightforward FOIA case. And, because the issues are distinct, the factual and legal knowledge the [second attorney] may have gained by working on Plaintiff's appeal would not be necessary or materially useful to Plaintiff in her FOIA litigation." Kollar-Kotelly agreed that review of documents during the litigation was a cost deserving compensation. She pointed out that "Plaintiff's counsel did not simply review the documents at leisure after the litigation ended. Instead, Plaintiff's counsel reviewed the documents as they were released and acted pursuant to the information contained in those documents." NARA challenged Reyes' request for fees for arguing the attorney's fees motion. But aside from reducing the fees requested by her second attorney, Kollar-Kotelly concluded that the fees requested were appropriate.
Issues: Litigation - Attorney's fees - Prevailing party, Litigation - Attorney's fees - Entitlement - Public benefit, Litigation - Attorney's fees - Entitlement - Calculation of award

Date Filed	Doc #	Docket Text
2017-07-26	1	COMPLAINT against UNITED STATES NATIONAL ARCHIVES AND RECORDS ADMINISTRATION ( Filing fee $ 400 receipt number 0090-5048152) filed by FELICIANA G. REYES. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Civil Cover Sheet, # 11 Summons to NARA, # 12 Summons to U.S. Attorney for the District of Columbia, # 13 Summons to U.S. Attorney General)(Watkins, Seth) (Entered: 07/26/2017)
2017-07-26		Case Assigned to Judge Colleen Kollar-Kotelly. (md) (Entered: 07/27/2017)
2017-07-31	2	ORDER ESTABLISHING PROCEDURES FOR CASES ASSIGNED TO JUDGE COLLEEN KOLLAR- KOTELLY. Signed by Judge Colleen Kollar-Kotelly on 07/31/2017. (DM) (Entered: 07/31/2017)
2017-07-31	3	SUMMONS (3) Issued Electronically as to UNITED STATES NATIONAL ARCHIVES AND RECORDS ADMINISTRATION, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice of Consent) (md) (Entered: 07/31/2017)
2017-08-01	4	MOTION for Preliminary Injunction by FELICIANA G. REYES (Attachments: # 1 Memorandum in Support of Motion for Preliminary Injunction, # 2 Text of Proposed Order, # 3 Declaration of Seth A. Watkins, # 4 Exhibit 1 to Watkins Declaration, # 5 Exhibit 2 to Watkins Declaration, # 6 Exhibit 3 to Watkins Declaration, # 7 Exhibit 4 to Watkins Declaration, # 8 Exhibit 5 to Watkins Declaration, # 9 Exhibit 6 to Watkins Declaration, # 10 Exhibit 7 to Watkins Declaration, # 11 Exhibit 8 to Watkins Declaration, # 12 Exhibit 9 to Watkins Declaration, # 13 Exhibit 10 to Watkins Declaration, # 14 Exhibit 11 to Watkins Declaration, # 15 Exhibit 12 to Watkins Declaration, # 16 Exhibit 13 to Watkins Declaration, # 17 Exhibit 14 to Watkins Declaration, # 18 Exhibit 15 to Watkins Declaration, # 19 Exhibit 16 to Watkins Declaration)(Watkins, Seth) (Entered: 08/01/2017)
2017-08-01	5	NOTICE of Appearance by Brian J. Field on behalf of All Defendants (Field, Brian) (Entered: 08/01/2017)
2017-08-01	6	NOTICE of Appearance by Louis S. Mastriani on behalf of FELICIANA G. REYES (Mastriani, Louis) (Entered: 08/01/2017)
2017-08-02	7	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 8/1/2017. Answer due for ALL FEDERAL DEFENDANTS by 8/31/2017. (Attachments: # 1 Declaration of Seth A. Watkins)(Watkins, Seth) (Entered: 08/02/2017)
2017-08-02		Set/Reset Hearings: Telephone Conference on the record set for 8/4/2017 at 3:00 PM in Courtroom 28A before Judge Colleen Kollar-Kotelly. (dot) (Entered: 08/03/2017)
2017-08-04	8	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES NATIONAL ARCHIVES AND RECORDS ADMINISTRATION served on 8/3/2017 (Attachments: # 1 Declaration of Seth A. Watkins)(Watkins, Seth) (Entered: 08/04/2017)
2017-08-04	9	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 08/04/2017. (Attachments: # 1 Declaration of Seth A. Watkins)(Watkins, Seth) (Entered: 08/04/2017)
2017-08-04		MINUTE ORDER: On August 4, 2017, the Court held an on-the-record teleconference regarding Plaintiff's 4 Motion for a Preliminary Injunction. During the call, Defendant proposed a schedule for processing and releasing materials in response to Plaintiff's FOIA request. The parties agreed to file a Joint Status Report memorializing that proposal by close of business on August 7, 2017. Furthermore, in light of this proposal, Plaintiff has agreed to hold its 4 Motion in abeyance, pursuant to the terms set forth in the Joint Status Report. Accordingly, following receipt of the Joint Status Report, the 4 Motion shall be held in ABEYANCE pending further order of the Court. Signed by Judge Colleen Kollar-Kotelly on 8/4/2017. (lcckk1) (Entered: 08/04/2017)
2017-08-04		Minute Entry for proceedings held before Judge Colleen Kollar-Kotelly: Telephone Conference on the record held on 8/4/2017. (Court Reporter Richard Ehrlich.) (dot) (Entered: 08/07/2017)
2017-08-07	10	Joint STATUS REPORT by UNITED STATES NATIONAL ARCHIVES AND RECORDS ADMINISTRATION. (Attachments: # 1 Text of Proposed Order)(Field, Brian) (Entered: 08/07/2017)
2017-08-07	11	CONSENT ORDER that Plaintiff's 4 Motion for a Preliminary Injunction shall be held in abeyance, until further order of the Court. See Order for details. Signed by Judge Colleen Kollar-Kotelly on 8/7/17. (dot) (Entered: 08/07/2017)
2017-08-28	12	ANSWER to Complaint by UNITED STATES NATIONAL ARCHIVES AND RECORDS ADMINISTRATION.(Field, Brian) (Entered: 08/28/2017)
2017-08-31	13	Joint STATUS REPORT by UNITED STATES NATIONAL ARCHIVES AND RECORDS ADMINISTRATION. (Field, Brian) (Entered: 08/31/2017)
2017-09-11	14	NOTICE of Change of Address by Seth A. Watkins (Watkins, Seth) (Entered: 09/11/2017)
2017-09-15	15	Joint STATUS REPORT by UNITED STATES NATIONAL ARCHIVES AND RECORDS ADMINISTRATION. (Field, Brian) (Entered: 09/15/2017)
2017-09-20		MINUTE ORDER: The Court is in receipt of the parties' 15 Joint Status Report, wherein they indicate that Plaintiff awaits the completion of Defendant's document productions before deciding how to proceed in this matter. Accordingly, the parties shall file a further Joint Status Report by OCTOBER 6, 2017, apprising the Court of how they intend to proceed. Signed by Judge Colleen Kollar-Kotelly on 9/20/2017. (lcckk1) (Entered: 09/20/2017)
2017-09-20		Set/Reset Deadlines: Joint Status Report due by 10/6/2017. (dot) (Entered: 09/20/2017)
2017-10-06	16	Joint STATUS REPORT by UNITED STATES NATIONAL ARCHIVES AND RECORDS ADMINISTRATION. (Field, Brian) (Entered: 10/06/2017)
2017-10-13		MINUTE ORDER: The Court is in receipt of the parties' 16 Joint Status Report, wherein they indicate that Plaintiff awaits the completion of Defendant's document productions before deciding how to proceed in this matter. Accordingly, the parties shall file a further Joint Status Report by OCTOBER 27, 2017, apprising the Court of how they intend to proceed. Signed by Judge Colleen Kollar-Kotelly on 10/13/2017. (lcckk1) (Entered: 10/13/2017)
2017-10-13		Set/Reset Deadlines: Joint Status Report due by 10/27/2017. (dot) (Entered: 10/18/2017)
2017-10-26	17	Joint MOTION for Extension of Time to File Status Report by FELICIANA G. REYES (Attachments: # 1 Text of Proposed Order)(Watkins, Seth) (Entered: 10/26/2017)
2017-11-03		MINUTE ORDER: Upon consideration of the parties' 17 Joint Motion for Extension of Time to File Status Report, the Court reminds the parties that, pursuant to its 2 Order Establishing Procedures for Cases Assigned to Judge Colleen Kollar-Kotelly, "[m]otions for extensions of time must be filed at least four (4) business days prior to the first affected deadline." The parties were to submit Joint Status Reports to the Court on OCTOBER 27, 2017, and, provided the Defendant completed its production on October 13, 2017, as expected in its 16 Joint Status Report, on NOVEMBER 3, 2017. This Motion was filed on October 26, 2017, the day before the first of these Joint Status Reports was due. Notwithstanding the tardiness of the Motion, the Court finds good cause for an extension of time on the basis of the parties' representation that they "desire additional time to meet and confer before providing the Court with a proposed course of action for moving forward." Accordingly, the Court GRANTS nunc pro tunc the parties' Motion. The parties shall file a Joint Status Report no later than NOVEMBER 10, 2017. Signed by Judge Colleen Kollar-Kotelly on November 3, 2017. (lcckk1) (Entered: 11/03/2017)
2017-11-03		Set/Reset Deadlines: Joint Status Report due by 11/10/2017. (dot) (Entered: 11/03/2017)
2017-11-13	18	Joint STATUS REPORT by UNITED STATES NATIONAL ARCHIVES AND RECORDS ADMINISTRATION. (Field, Brian) (Entered: 11/13/2017)
2017-12-05		MINUTE ORDER: The Court has received the parties' 18 Joint Status Report. Each party indicates that it may be possible for further discussion to narrow the scope of remaining issues, and the parties disagree about the present need for, and timing of, a briefing schedule for cross-motions for summary judgment. Accordingly, the Court finds that requiring a further Joint Status Report and establishing a contingent briefing schedule should resolve the remaining issues most efficiently. By DECEMBER 22, 2017 , the parties shall file a Joint Status Report identifying the scope of any remaining areas of disagreement and suggesting whether dispositive motions remain necessary. Provided that the Court finds that dispositive motions remain necessary, the parties shall comply with the briefing schedule set forth in the Scheduling and Procedures Order accompanying this Minute Order. Signed by Judge Colleen Kollar-Kotelly on December 5, 2017. (lcckk1) (Entered: 12/05/2017)
2017-12-05	19	VACATED PURSUANT TO MINUTE ORDER FILED 12/22/2017.....SCHEDULING AND PROCEDURES ORDER. Defendant shall provide Plaintiff with a Vaughn Index and supporting declaration(s) for its withholdings and scope of search by no later than JANUARY 10, 2018 . Defendant shall file its Motion for Summary Judgment by no later than JANUARY 10, 2018 ; Plaintiff shall file her Opposition to Defendant's Motion for Summary Judgment and her Cross-Motion for Summary Judgment by no later than FEBRUARY 9, 2018 ; Defendant shall file its Reply to Plaintiff's Opposition to Defendant's Motion for Summary Judgment and its Opposition to Plaintiff's Cross-Motion for Summary Judgment by no later than MARCH 9, 2018 ; and Plaintiff shall file a Reply in support of her Cross-Motion for Summary Judgment by no later than MARCH 23, 2018 . Signed by Judge Colleen Kollar-Kotelly on December 5, 2017. (lcckk1) Modified on 12/26/2017 (znmw). (Entered: 12/05/2017)
2017-12-05		Set/Reset Deadlines: Plaintiff's Cross Motion due by 2/9/2018. Response to Cross Motion due by 3/9/2018. Reply to Cross Motion due by 3/23/2018. Defendant's Summary Judgment motion due by 1/10/2018. Response to Motion for Summary Judgment due by 2/9/2018. Reply to Motion for Summary Judgment due by 3/9/2018. (dot) (Entered: 12/06/2017)
2017-12-21	20	Joint STATUS REPORT by UNITED STATES NATIONAL ARCHIVES AND RECORDS ADMINISTRATION. (Field, Brian) (Entered: 12/21/2017)
2017-12-22		MINUTE ORDER: The Court has received the parties' 20 Joint Status Report. In light of their representation that "the Parties agree that there are no longer any substantive disputes regarding the processing of Plaintiff's FOIA request and that there is no need for dispositive motions in this matter," and pursuant to the Court's December 5, 2017, Minute Order, the Court shall VACATE the 19 Scheduling and Procedures Order. By JANUARY 31, 2018 , the parties shall file a further Joint Status Report updating the Court on the status of negotiations regarding Plaintiff's request for attorneys' fees. If the parties determine that briefing is necessary to resolve this request, the parties shall include a proposed briefing schedule in that Joint Status Report. Signed by Judge Colleen Kollar-Kotelly on December 22, 2017. (lcckk1) (Entered: 12/22/2017)
2017-12-26		Set/Reset Deadlines: Joint Status Report due by 1/31/2018. (kt) (Entered: 12/26/2017)
2018-01-17		MINUTE ORDER. Plaintiff filed a 4 Motion for Preliminary Injunction in this case on August 1, 2017. On August 4, 2017, the Court held an on-the-record teleconference regarding Plaintiff's Motion. During the call, Defendant proposed a schedule for processing and releasing materials in response to Plaintiff's FOIA request. In light of this proposal, Plaintiff agreed to hold its Motion in abeyance. The parties then filed a series of Joint Status Reports. The latest Joint Status Report states that "the Parties agree that there are no longer any substantive disputes regarding the processing of Plaintiff's FOIA request and that there is no need for dispositive motions in this matter." Accordingly, the only issue left in this case is attorneys' fees. In light of the current status of this case, Plaintiff's Motion for Preliminary Injunction is now MOOT and is therefore DENIED. Signed by Judge Colleen Kollar-Kotelly on 1/17/2018. (lcckk3) (Entered: 01/17/2018)
2018-01-31	21	Joint STATUS REPORT by UNITED STATES NATIONAL ARCHIVES AND RECORDS ADMINISTRATION. (Attachments: # 1 Text of Proposed Order)(Field, Brian) (Entered: 01/31/2018)
2018-02-02	22	ORDER. The parties shall file a Joint Status Report by no later than MARCH 2, 2018. Signed by Judge Colleen Kollar-Kotelly on 2/2/2018. (lcckk3) (Entered: 02/02/2018)
2018-02-02		Set/Reset Deadlines: Joint Status Report due by 3/2/2018. (dot) (Entered: 02/05/2018)
2018-03-02	23	Joint STATUS REPORT by UNITED STATES NATIONAL ARCHIVES AND RECORDS ADMINISTRATION. (Attachments: # 1 Text of Proposed Order)(Field, Brian) (Entered: 03/02/2018)
2018-04-17		MINUTE ORDER: The Court has received the parties' 23 Joint Status Report, which indicates that the parties disagree as to the availability of attorney's fees and consequently propose a briefing schedule for resolution of this dispute. Accordingly, the Court sets forth the following schedule that adopts the amounts of time sought for briefing by each of the parties. Plaintiff shall file her motion for an award of attorney's fees and costs by MAY 1, 2018 . Defendant shall file its opposition by MAY 31, 2018 . Plaintiff shall file her reply, if any, by JUNE 14, 2018 . Signed by Judge Colleen Kollar-Kotelly on April 17, 2018. (lcckk1) (Entered: 04/17/2018)
2018-04-17		Set/Reset Deadlines: Plaintiff's Motion for an award of attorney's fees and costs due by 5/1/2018. Response due by 5/31/2018. Reply due by 6/14/2018. (dot) (Entered: 04/18/2018)
2018-05-01	24	MOTION for Attorney Fees and Costs by FELICIANA G. REYES (Attachments: # 1 Declaration of Seth A. Watkins, # 2 Declaration of Louis S. Mastriani, # 3 Text of Proposed Order)(Watkins, Seth) (Entered: 05/01/2018)
2018-05-01	25	BILL OF COSTS by FELICIANA G. REYES. (Watkins, Seth) (Entered: 05/01/2018)
2018-05-22	26	Consent MOTION for Extension of Time to File Response/Reply as to 24 MOTION for Attorney Fees and Costs by UNITED STATES NATIONAL ARCHIVES AND RECORDS ADMINISTRATION (Field, Brian) (Entered: 05/22/2018)
2018-05-23		MINUTE ORDER: The Court has received Defendant's 26 Consent Motion for Extension of Time, with respect to its response to Plaintiff's 24 Motion for an Award of Attorneys' Fees and Costs. With Plaintiff's consent, the Court GRANTS Defendant's 26 Consent Motion for good cause shown. Defendant shall file its response by JUNE 14, 2018 . Plaintiff shall file her reply, if any, by JUNE 28, 2018 . Signed by Judge Colleen Kollar-Kotelly on May 23, 2018. (lcckk1) (Entered: 05/23/2018)
2018-05-24		Set/Reset Deadlines: Defendant's Response due by 6/14/2018; Plaintiff's reply, if any, due by 6/28/2018. (kt) (Entered: 05/24/2018)
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