Case Detail

FOIA Project Annotation: Judge Ketanji Brown Jackson has ruled that Keeping Government Beholden failed to state a claim when it asked Jackson to allow it to add an expedited processing charge pursuant to the Federal Courts Civil Priorities Act to its FOIA suit against the FBI for emails sent or received by former FBI Director James Comey between January 1, 2017 and May 9, 2017 containing the word transitory. Keeping Government Beholden argued that 28 U.S.C. § 1657(a) allowed litigants to ask a federal court to expedite its review of a case for good cause. Rejecting the claim, Jackson noted that "Plaintiff has not clearly demonstrated that section 1657(a) is a generally acceptable route for seeking expedition of the processing of documents under the FOIA. By its terms, that statute authorizes a court to 'expedite the consideration of any action' filed pursuant to various provisions and says nothing about a court's authority to order an agency to expedite its own processing of records under FOIA." Further, Jackson pointed out that FOIA already contained a specific provision for requesting and litigating expedited processing. "By contrast," she explained, "the FOIA itself expressly addresses that authorized procedure for the expedition of the agency's processing obligations. . .The fact that Congress has provided an avenue for requesters seeking expedited processing for an agency and also judicial review of that agency decision, renders dubious Plaintiff's contention that FOIA requesters can do an end-run around the prescribed procedures by requesting that a court order the agency to expedite its document processing under 28 U.S.C. § 1657(a) instead." Keeping Government Beholden pointed to two cases in which courts suggested that court-ordered expedition was available. Finding neither case supported Keeping Government Beholden's claim, Jackson observed that "Plaintiff here has not made any similar showing of significant need, much less the kind of urgent need that could possibly justify this Court's application of section 1657(a) to excuse Plaintiff's failure to seek expedition directly from the agency. There is nothing about the requested records themselves that indicates that fast processing is warranted; in fact, Plaintiff appears to acknowledge that very little is even known about the content of these records." She indicated that "moreover, the fact that these particular records may be of public interest at the moment is not, standing alone, sufficient to justify expedited processing of Plaintiff request. And this is especially so where, as here, there are other potential avenues for public release of the same information that Plaintiff has requested." Jackson also rejected Keeping Government Beholden's assertion that the FBI might potentially destroy the records. She pointed out that the FBI "has already located all documents potentially responsive to [the request] and that those documents have been preserved. Thus, rather than creating additional delay by continuing to press for expedition under a statutory provision that is not plainly applicable to the instant circumstances, this Court suggests that Plaintiff engage with the government to negotiate a processing and production schedule that is more generous than the one that the government intends to follow."
Issues: Litigation - Jurisdiction - Failure to State a Claim, Expedited processing

FOIA Project Annotation: Judge Florence Pan has ruled that requests from the non-profit organization Keeping Government Bolden were too burdensome for the FBI to process. KGB explained that it was conducting a pilot study of 12 agencies pertaining to their records management policies, particularly as they related to email. As part of that study, KGB filed seven requests with the FBI. Dissatisfied with the agency's response, KGB filed suit, focusing on three of the requests to the FBI. The three requests asked for: (1) email correspondence between National Archives Appraisal Archivist J.P. Schmidt and any FBI email address since January 2016; (2) email correspondence not stored in the Central Records System sent or received by 18 FBI offices in the ten business days before the date of the search; and (3) emails received by former FBI Director James Comey between January 2017 and May 2017 that contained the word "transitory." The FBI refused to process the first two requests because they were too burdensome. The FBI processed the third request but withheld records under Exemption 5 (privileges). The FBI estimated that KGB's request about emails to the FBI's archivist would involve millions of emails while the FOIA request for emails not in the CRS, would likely yield 35,333 emails and take 17,666 hours to process. In response to the Comey request, the FBI searched his unclassified email account and located 2,086 pages of responsive records and withheld many under Exemption 5. Pan found the FBI had sufficiently articulated its burdensome claims. While KGB argued that FBI employees who communicated with the Archivist could be limited to a select few, Pan noted that "it appears that the alleged 'select few' are not readily identifiable." She added that "because this Court cannot identify 'some reason to believe that the requested documents could be located without an unreasonably burdensome search. . .'" As to the request for emails outside the CRS system, Pan pointed out that "asking for records not stored in a particular database is overbroad where the agency has identified 106,000 potentially responsive records and the only way to confirm whether these records are in the database is to check them one by one." KGB argued that the FBI could have searched its CRS database for the emails. But Pan observed that "KGB's specific request was for records not stored in CRS, and the FBI was not at liberty to ignore that request and instead provide emails labeled 'records' in its email systems." She pointed out that "the FBI is unquestionably 'bound to read [a FOIA request] as drafted, not as either agency officials or [the requester] might wish it was drafted.' The FBI appropriately read KGB's request as it was written and responded accordingly." Pan agreed that the FBI had shown that the records withheld in response to Comey request were both pre-decisional and deliberative. She also found that the FBI's descriptions met its burden under the foreseeable harm test. She pointed out that "the FBI's justification for its withholding expressly identifies those interests and explains why the agency reasonably foresees that those interests would be harmed by disclosure of the document."
Issues: Choice of format - Burdensome

Date Filed	Doc #	Docket Text
2017-08-02	1	COMPLAINT against DEPARTMENT OF JUSTICE ( Filing fee $ 400 receipt number 0090-5059599) filed by Keeping Government Beholden, Inc.. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons, # 4 Summons)(McClanahan, Kelly) (Entered: 08/02/2017)
2017-08-04		Case Assigned to Judge Ketanji Brown Jackson. (zsb) (Entered: 08/04/2017)
2017-08-04	2	SUMMONS (3) Issued Electronically as to DEPARTMENT OF JUSTICE, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Consent Form)(zsb) (Entered: 08/04/2017)
2017-08-14	3	GENERAL ORDER AND GUIDELINES FOR CIVIL CASES BEFORE JUDGE KETANJI BROWN JACKSON. The Court will hold the parties and counsel responsible for following these directives, and parties and counsel should pay particular attention to the Courts instructions for briefing motions and filing exhibits. Failure to adhere to this Order may, when appropriate, result the imposition of sanctions and/or sua sponte denial of non-conforming motions. Signed by Judge Ketanji Brown Jackson on 8/14/2017. (lckbj1) (Entered: 08/14/2017)
2017-08-18	4	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 8/10/2017. ( Answer due for ALL FEDERAL DEFENDANTS by 9/9/2017.), RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 8/9/17., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. DEPARTMENT OF JUSTICE served on 8/9/2017 (McClanahan, Kelly) (Entered: 08/18/2017)
2017-09-12	5	NOTICE of Appearance by Jason Todd Cohen on behalf of DEPARTMENT OF JUSTICE (Cohen, Jason) (Entered: 09/12/2017)
2017-09-13	6	ANSWER to Complaint by DEPARTMENT OF JUSTICE.(Cohen, Jason) (Entered: 09/13/2017)
2017-09-15		MINUTE ORDER. Before the Court in this FOIA case are a complaint and an answer. It is hereby ORDERED that the parties shall promptly confer and file a joint proposed schedule for briefing or disclosure, on or before 9/29/2017. Signed by Judge Ketanji Brown Jackson on 09/15/2017. (lckbj1) (Entered: 09/15/2017)
2017-09-15	7	MOTION to Clarify Deadline for Defendant to Answer or Otherwise Respond to Complaint by DEPARTMENT OF JUSTICE (Attachments: # 1 Attachment 1 - Email Correspondence re Answer Deadline, # 2 Proposed Order)(Cohen, Jason) (Entered: 09/15/2017)
2017-09-18	8	Memorandum in opposition to re 7 MOTION to Clarify Deadline for Defendant to Answer or Otherwise Respond to Complaint filed by KEEPING GOVERNMENT BEHOLDEN, INC.. (Attachments: # 1 Exhibit A - McClanahan declaration, # 2 Exhibit B - Clemmons motion, # 3 Exhibit C - Clemmons docket, # 4 Text of Proposed Order)(McClanahan, Kelly) (Entered: 09/18/2017)
2017-09-18		MINUTE ORDER. The government has filed a 7 Motion to Clarify, in which it seeks clarification that the correct answer deadline was September 13, 2017. Having reviewed the government's motion and the Plaintiff's 8 Opposition, the Court will deem the government's 6 Answer to be timely, and will accept it. The government's 7 Motion is MOOT. The parties' deadline to submit a joint proposed schedule for briefing or disclosure remains September 29, 2017. Signed by Judge Ketanji Brown Jackson on September 18, 2017. (lckbj2) (Entered: 09/18/2017)
2017-09-29	9	Joint MOTION for Extension of Time to File Joint Proposed Schedule by KEEPING GOVERNMENT BEHOLDEN, INC. (Attachments: # 1 Text of Proposed Order)(McClanahan, Kelly) (Entered: 09/29/2017)
2017-10-03		MINUTE ORDER granting, for good cause shown, 9 Motion for Extension of Time to File Proposed Briefing Schedule, nunc pro tunc. It is hereby ORDERED that the parties' proposed briefing schedule is due on or before 10/3/2017. Any further requests for extensions of time must comply with 3 the Court's General Order and Guidelines for Civil Cases. Counsel is specifically directed to Section 5 of the Appendix to the General Order and Guidelines. Signed by Judge Ketanji Brown Jackson on 10/3/2017. (lckbj1, ) (Entered: 10/03/2017)
2017-10-03	10	PROPOSED BRIEFING SCHEDULE and Production Schedule by KEEPING GOVERNMENT BEHOLDEN, INC.. (McClanahan, Kelly) (Entered: 10/03/2017)
2017-10-06		MINUTE ORDER setting a Status Conference for 10/18/2017 at 11:00 AM in Courtroom 17 before Judge Ketanji Brown Jackson. Signed by Judge Ketanji Brown Jackson on 10/6/2017. (lckbj1) (Entered: 10/06/2017)
2017-10-10	11	Consent MOTION to Continue Change Date of Hearing by DEPARTMENT OF JUSTICE (Attachments: # 1 Proposed Order)(Cohen, Jason) Modified event title on 10/11/2017 (znmw). (Entered: 10/10/2017)
2017-10-10	12	RESPONSE re 11 Consent MOTION to Change Date of Hearing filed by KEEPING GOVERNMENT BEHOLDEN, INC.. (McClanahan, Kelly) (Entered: 10/10/2017)
2017-10-11		MINUTE ORDER granting 11 Motion to Change Date of Hearing. It is hereby ORDERED that the Status Conference currently set for 10/18/2017 is VACATED and RESET for 10/26/2017 at 02:00 PM in Courtroom 17 before Judge Ketanji Brown Jackson. Signed by Judge Ketanji Brown Jackson on 10/11/2017. (lckbj1) (Entered: 10/11/2017)
2017-10-26		Minute Entry for proceedings held before Judge Ketanji Brown Jackson. Status Conference held on 10/26/2017. Plaintiff's Briefing Schedule due by 11/1/2017; Response due 11/15/2017; Reply due 11/20/2017. Plaintiff's Motion to Compel due by 11/14/2017; Response due by 12/22/2017; Reply due by 1/12/2018. Scheduling order forthcoming via Chambers. (Court Reporter: Barbara DeVico) (jd) (Entered: 10/26/2017)
2017-10-27		MINUTE ORDER. The parties appeared before the Court on October 26, 2017, for a status conference regarding this FOIA case. Upon consideration of the parties representations and dispute over the production schedule, it is hereby ORDERED that, on or before November 30, 2017, the FBI and OIP shall produce all of the responsive, non-exempt documents that pertain to Counts 6 and 7 of the 1 Complaint. It is FURTHER ORDERED that Plaintiff shall submit a proposed disclosure schedule regarding the FBIs production of the documents at issue in Count 5, along with its reasons for any request for expedition, on or before November 1, 2017; the FBI shall file its response thereto on or before November 15, 2017; and Plaintiff shall file any reply on or before November 20, 2017. It is FURTHER ORDERED that Plaintiff shall file any motion pertaining to the preservation of the documents at issue in Count 3 on or before November 14, 2017; the FBI shall file its response thereto on or before December 22, 2017; and Plaintiff shall file any reply on or before January 12, 2018. Signed by Judge Ketanji Brown Jackson on 10/27/2017. (lckbj1) (Entered: 10/27/2017)
2017-10-30		ENTERED IN ERROR.....MINUTE ORDER. The parties appeared before the Court on October 26, 2017, for a status conference regarding this FOIA case. Upon consideration of the parties representations and dispute over the production schedule, it is hereby ORDERED that, on or before November 30, 2017, the FBI and OIP shall produce all of the responsive, non-exempt documents that pertain to Counts 6 and 7 of the 1 Complaint. It is FURTHER ORDERED that Plaintiff shall submit a proposed disclosure schedule regarding the FBIs production of the documents at issue in Count 5, along with its reasons for any request for expedition, on or before November 1, 2017; the FBI shall file its response thereto on or before November 15, 2017; and Plaintiff shall file any reply on or before November 20, 2017. It is FURTHER ORDERED that Plaintiff shall file any motion pertaining to the preservation of the documents at issue in Count 3 on or before November 14, 2017; the FBI shall file its response thereto on or before December 22, 2017; and Plaintiff shall file any reply on or before January 12, 2018. Signed by Judge Ketanji Brown Jackson on 10/30/2017. (lckbj2) Modified on 10/30/2017 to enter in error as duplicate.(ztnr) (Entered: 10/30/2017)
2017-11-01	13	MOTION to Expedite Consideration of Count 5 by KEEPING GOVERNMENT BEHOLDEN, INC. (Attachments: # 1 Text of Proposed Order)(McClanahan, Kelly) (Entered: 11/02/2017)
2017-11-14	14	MOTION for Order to Preserve Records by KEEPING GOVERNMENT BEHOLDEN, INC. (Attachments: # 1 Exhibit A - RM Manual (part 1), # 2 Exhibit A - RM Manual (part 2), # 3 Exhibit B - FBI E-Mail Policy, # 4 Text of Proposed Order)(McClanahan, Kelly) (Entered: 11/15/2017)
2017-11-15	15	ENTERED IN ERROR.....Memorandum in opposition to re 13 MOTION to Expedite Consideration of Count 5 filed by DEPARTMENT OF JUSTICE. (Attachments: # 1 Declaration of David M. Hardy)(Cohen, Jason) Modified on 12/20/2017 (jf). (Entered: 11/15/2017)
2017-11-20	16	TRANSCRIPT OF PROCEEDINGS before Judge Ketanji Brown Jackson held on 10-26-17; Page Numbers: 1-69. Date of Issuance:11-20-17. Court Reporter/Transcriber Barbara DeVico, Telephone number 202-354-3118, Transcripts may be ordered by submitting the Transcript Order Form For the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter. NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 12/11/2017. Redacted Transcript Deadline set for 12/21/2017. Release of Transcript Restriction set for 2/18/2018.(DeVico, Barbara) (Entered: 11/20/2017)
2017-11-21	17	REPLY to opposition to motion re 13 MOTION to Expedite Consideration of Count 5 filed by KEEPING GOVERNMENT BEHOLDEN, INC.. (Attachments: # 1 Exhibit A - Seavey status email, # 2 Exhibit B - Boundaoui 3d JSR, # 3 Exhibit C - Boundaoui 4th JSR, # 4 Exhibit D - Lardner JSR, # 5 Exhibit E - ACLU J. Stip., # 6 Exhibit F - NDLON Order, # 7 Exhibit G - Boundaoui 9-26 transcript, # 8 Exhibit H - Boundaoui 9-20 transcript, # 9 Exhibit I - NSC transcript)(McClanahan, Kelly) (Entered: 11/21/2017)
2017-12-01	18	MEMORANDUM OPINION AND ORDER denying 13 Motion to Expedite. Signed by Judge Ketanji Brown Jackson on 12/1/2017. (lckbj2) Modified event title on 12/4/2017 (znmw). (Entered: 12/01/2017)
2017-12-20		NOTICE OF CORRECTED DOCKET ENTRY: Document No. re 15 Memorandum in Opposition was entered in error and counsel was instructed to refile said pleading. (See LCvR 5.4(a) (Sept. 9, 2017 amend. "All documents to be filed with the Court must be filed by electronic text-searchable means) (jf) (Entered: 12/20/2017)
2017-12-20	19	Memorandum in opposition to re 13 MOTION to Expedite Consideration of Count 5 (Refiled ECF No. 15) filed by DEPARTMENT OF JUSTICE. (Attachments: # 1 Declaration of David M. Hardy dated Nov. 15, 2017)(Cohen, Jason) (Entered: 12/20/2017)
2017-12-22	20	Memorandum in opposition to re 14 MOTION for Order to Preserve Records filed by DEPARTMENT OF JUSTICE. (Attachments: # 1 Second Declaration of David M. Hardy)(Cohen, Jason) (Entered: 12/22/2017)
2018-01-12	21	REPLY to opposition to motion re 14 MOTION for Order to Preserve Records filed by KEEPING GOVERNMENT BEHOLDEN, INC.. (Attachments: # 1 Exhibit C - Colgan Hardy Declaration)(McClanahan, Kelly) (Entered: 01/12/2018)
2018-09-30	22	ORDER, denying KGBs motion (ECF No. 14)for a preservation order. Signed by Judge Ketanji Brown Jackson on 9/30/2018. (lckbj2) (Entered: 09/30/2018)
2018-10-15		MINUTE ORDER. It is hereby ORDERED that the parties shall file a joint report regarding the processing and production of records responsive to Plaintiff's FOIA requests on or before 10/29/2018, which shall contain a proposed schedule for further proceedings if litigation is going to be necessary. Signed by Judge Ketanji Brown Jackson on 10/15/2018. (lckbj1) (Entered: 10/15/2018)
2018-10-29	23	PROPOSED BRIEFING SCHEDULE by DEPARTMENT OF JUSTICE. (Cohen, Jason) (Entered: 10/29/2018)
2018-11-06	24	ORDER setting briefing schedule for summary judgment: Defendant's Motion for Summary Judgment shall be served on or before 2/1/2019; Plaintiff's Opposition and Cross-Motion for Summary Judgment shall be served on or before 3/4/2019; Defendant's Reply and Cross-Motion Opposition shall be served on or before 4/3/2019; Plaintiff's Cross-Motion Reply shall be served on or before 4/19/2019; briefs shall be filed as a batch within three (3) business days of the service of the last reply brief authorized by this Minute Order, but in any event no later than the Final Filing Deadline of 5/24/2019. Signed by Judge Ketanji Brown Jackson on 11/6/2018. (lckbj1) (Entered: 11/06/2018)
2019-01-29	25	Unopposed MOTION to Extend Briefing Schedule by DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Cohen, Jason) Modified event on 1/30/2019 (znmw). (Entered: 01/29/2019)
2019-02-06		MINUTE ORDER granting Defendant's Unopposed Motion 25 to Extend Briefing Schedule for good cause shown. It is hereby ORDERED that Defendant's Motion for Summary Judgment shall be served on or before 3/18/2019; Plaintiff's Opposition and Cross-Motion for Summary Judgment shall be served on or before 4/18/2019; Defendant's Reply and Cross-Motion Opposition shall be served on or before 5/20/2019; Plaintiff's Cross-Motion Reply shall be served on or before 6/3/2019; briefs shall be filed as a batch within three (3) business days of the service of the last reply brief authorized by this Minute Order, but in any event no later than the Final Filing Deadline of 7/8/2019. Signed by Judge Ketanji Brown Jackson on 2/6/19. (lckbj3) . (Entered: 02/06/2019)
2019-02-07		Set/Reset Deadlines: Cross Motions due by 4/18/2019. Response to Cross Motions due by 5/20/2019. Reply to Cross Motions due by 6/3/2019. Summary Judgment motions due by 3/18/2019. Response to Motion for Summary Judgment due by 4/18/2019. Reply to Motion for Summary Judgment due by 5/20/2019. (gdf) (Entered: 02/07/2019)
2019-03-25	26	NOTICE of Service by DEPARTMENT OF JUSTICE (Cohen, Jason) (Entered: 03/25/2019)
2019-05-08	27	NOTICE of Service of Opposition and Cross-Motion by KEEPING GOVERNMENT BEHOLDEN, INC. (McClanahan, Kelly) (Entered: 05/08/2019)
2019-06-11	28	NOTICE of Service by DEPARTMENT OF JUSTICE (Cohen, Jason) (Entered: 06/11/2019)
2019-06-28	29	NOTICE of Service of Reply and Sur-Reply by KEEPING GOVERNMENT BEHOLDEN, INC. (McClanahan, Kelly) (Entered: 06/28/2019)
2019-07-01	30	MOTION for Summary Judgment by DEPARTMENT OF JUSTICE (Attachments: # 1 Third Declaration of David M. Hardy, # 2 Exhibit A - Exemption Application Index, # 3 Exhibits B-CC, # 4 Exhibit DD - BOP Declaration, # 5 Exhibit EE - DIA declaration, # 6 Exhibit FF - USPIS Declaration, # 7 Exhibit GG - ODNI Declaration)(Cohen, Jason) (Entered: 07/01/2019)
2019-07-01	31	Memorandum in opposition to re 30 MOTION for Summary Judgment filed by KEEPING GOVERNMENT BEHOLDEN, INC.. (Attachments: # 1 Exhibit index, # 2 Exhibit A - Example released records, # 3 Exhibit B - McClanahan declaration, # 4 Text of Proposed Order)(McClanahan, Kelly) (Entered: 07/01/2019)
2019-07-01	32	Cross MOTION for Partial Summary Judgment by KEEPING GOVERNMENT BEHOLDEN, INC. (Attachments: # 1 Exhibit index, # 2 Exhibit A - Example released records, # 3 Exhibit B - McClanahan declaration, # 4 Text of Proposed Order)(McClanahan, Kelly) (Entered: 07/01/2019)
2019-07-01	33	REPLY to opposition to motion re 30 MOTION for Summary Judgment and Opposition to Plaintiff's Cross-Motion for Summary Judgment filed by DEPARTMENT OF JUSTICE. (Attachments: # 1 Defendant's Response to Plaintiff's Statement of Facts, # 2 Fourth Declaration of David M. Hardy)(Cohen, Jason) (Entered: 07/01/2019)
2019-07-01	34	Memorandum in opposition to re 32 Cross MOTION for Partial Summary Judgment (Duplicate Filing of ECF No. 33) filed by DEPARTMENT OF JUSTICE. (Attachments: # 1 Defendant's Response to Plaintiff's Statement of Facts, # 2 Fourth Declaration of David M. Hardy)(Cohen, Jason) (Entered: 07/01/2019)
2019-07-01	35	REPLY to opposition to motion re 32 Cross MOTION for Partial Summary Judgment filed by KEEPING GOVERNMENT BEHOLDEN, INC.. (McClanahan, Kelly) (Entered: 07/01/2019)
2019-07-01	36	MOTION for Leave to File Sur-Reply by KEEPING GOVERNMENT BEHOLDEN, INC. (Attachments: # 1 Sur-Reply, # 2 Text of Proposed Order)(McClanahan, Kelly) (Entered: 07/01/2019)
2019-07-01	37	MOTION to Seal Leave to Submit Declaration Under Seal and Ex Parte, In Camera in Support of Motion for Summary Judgment by DEPARTMENT OF JUSTICE (Cohen, Jason) Modified event on 7/3/2019 (znmw). (Entered: 07/01/2019)
2019-07-08		MINUTE ORDER granting 37 Motion for Leave to Submit Declaration Under Seal and Ex Parte, In Camera in Support of Motion for Summary Judgment. Signed by Judge Ketanji Brown Jackson on 7/8/2019. (lckbj1) (Entered: 07/08/2019)
2019-07-28	38	MOTION to Vacate Order on Motion to Seal Document by KEEPING GOVERNMENT BEHOLDEN, INC. (Attachments: # 1 Text of Proposed Order)(McClanahan, Kelly) (Entered: 07/28/2019)
2019-08-02		MINUTE ORDER. On July 8, 2019, this Court granted Defendant's 37 motion for leave to submit a declaration under seal and ex parte, in camera in support of its motion for summary judgment. (See Min. Order of July 8, 2019.) Plaintiff opposed the motion but did not have a chance to file an opposition before the Court issued its Order. Plaintiff now moves to vacate the Court's Order and to have the opportunity to file an opposition to Defendant's original motion. (See ECF No. 38.) As cause, counsel represents that Plaintiff was "depriv[ed] of the opportunity to bring information to the Court's attention and explain why Defendant's motion should be denied in part if not in its entirety." (Id. at 1.) Defendant has yet to file the supplemental declaration, and the Court will now provide Plaintiff with the requested opportunity to oppose the ex parte, in camera submission in writing. If, upon reviewing Plaintiff's submission, the Court is persuaded that Defendant's motion to submit the ex parte, in camera declaration was improperly granted, it will vacate its prior Order. Accordingly, it is hereby ORDERED that Plaintiff's 38 Motion to Vacate the Court's July 8, 2019, Minute Order is GRANTED IN PART and DENIED IN PART, insofar as Plaintiff will be granted the opportunity to submit a written opposition to Defendant's motion. Plaintiff shall file its opposition on or before August 9, 2019, and Defendant shall file any reply on or before August 16, 2019. It is FURTHER ORDERED that this Court's Order of July 8, 2019, granting Defendant's 37 motion for leave to submit a declaration under seal and ex parte, in camera, will be HELD IN ABEYANCE pending the submission of the parties' briefs concerning Defendant's 37 motion for leave. Signed by Judge Ketanji Brown Jackson on 8/2/2019. (lckbj2) (Entered: 08/02/2019)
2019-08-07	39	MOTION for Extension of Time to File Response/Reply by KEEPING GOVERNMENT BEHOLDEN, INC. (Attachments: # 1 Text of Proposed Order)(McClanahan, Kelly) (Entered: 08/07/2019)
2019-08-08		MINUTE ORDER granting 39 Motion for Extension of Time to File Opposition to Defendant's Motion for Leave to Submit Declaration Under Seal and Ex Parte, In Camera In Support of Motion for Summary Judgment. It is hereby ORDERED that Plaintiff's Opposition is due on or before 8/13/2019. Signed by Judge Ketanji Brown Jackson on 8/8/2019. (lckbj1) (Entered: 08/08/2019)
2019-08-13	40	Memorandum in opposition to re 37 MOTION to Seal Document filed by KEEPING GOVERNMENT BEHOLDEN, INC.. (Attachments: # 1 Exhibit A - EOUSA FOIA response, # 2 Text of Proposed Order)(McClanahan, Kelly) (Entered: 08/14/2019)
2019-08-20	41	REPLY to opposition to motion re 37 MOTION to Seal Document filed by DEPARTMENT OF JUSTICE. (Attachments: # 1 In Camera, Ex Parte Declaration of David M. Hardy (Redacted))(Cohen, Jason) (Entered: 08/20/2019)
2019-08-20	42	MOTION for Leave to File Sur-Reply by KEEPING GOVERNMENT BEHOLDEN, INC. (Attachments: # 1 Proposed sur-reply, # 2 Text of Proposed Order)(McClanahan, Kelly) (Entered: 08/20/2019)
2019-12-19	43	NOTICE OF SUBSTITUTION OF COUNSEL by Sean Michael Tepe on behalf of DEPARTMENT OF JUSTICE Substituting for attorney Jason Cohen (Tepe, Sean) (Entered: 12/19/2019)
2020-03-11	44	ORDER requiring the Department of Justice to file a supplemental declaration and/or a revised Vaughn Index, and administratively staying the case in the interest of judicial efficiency. Signed by Judge Ketanji Brown Jackson on 03/11/2020. (lckbj2) (Entered: 03/11/2020)
2020-03-11		Set/Reset Deadlines: Supplemental declaration and/or a revised Vaughn Index by 4/13/2020. (zgdf) (Entered: 03/12/2020)
2020-04-13	45	Consent MOTION to Stay re 44 Order, Case Stayed by DEPARTMENT OF JUSTICE (Attachments: # 1 Declaration of Michael Seidel)(Tepe, Sean) (Entered: 04/13/2020)
2020-04-16		MINUTE ORDER granting unopposed 45 Motion to Stay Deadline to Respond to Order. It is hereby ORDERED that Defendant's deadline to respond to file a supplemental declaration or Vaughn index is STAYED until further Order of the Court. It is FURTHER ORDERED that, on or before 5/13/2020, Defendant shall file a status report advising the Court regarding the status of RIDS operations and Defendant's ability to provide the requested supplemental declaration and/or a revised Vaughn index. Signed by Judge Ketanji Brown Jackson on 4/16/2020. (jag) (Entered: 04/16/2020)
2020-05-13	46	STATUS REPORT by DEPARTMENT OF JUSTICE. (Attachments: # 1 Declaration of David Hardy)(Tepe, Sean) (Entered: 05/13/2020)
2020-05-15		MINUTE ORDER. In light of the representations in the parties' 46 Joint Status Report, it is hereby ORDERED that, on or before 6/12/2020, the parties shall file a further joint status report, which shall include a proposed schedule for further proceedings if litigation is going to be necessary. Signed by Judge Ketanji Brown Jackson on 5/15/2020. (jag) (Entered: 05/15/2020)
2020-06-12	47	Joint STATUS REPORT by DEPARTMENT OF JUSTICE. (Tepe, Sean) (Entered: 06/12/2020)
2020-06-29		MINUTE ORDER. On March 11, 2020, this Court issued a 44 Order requiring the Department of Justice to file a supplemental declaration and/or a revised Vaughn Index with respect to Count 5 of Plaintiff's 1 Complaint. In light of the 44 Joint Status Report that the parties submitted on June 12, 2020, it is hereby ORDERED that the Department of Justice shall file the above-mentioned supplemental declaration and/or revised Vaughn Index on or before July 31, 2020. It is FURTHER ORDERED that any responsive briefing on the part of Plaintiff shall be limited to a discussion of whether the Department's supplemental declaration is sufficient to address the concerns that this Court identified in its Order of March 11, 2020, with respect to Count 5; such briefing shall be no longer than 7 pages and shall be filed on or before August 14, 2020. Additionally, it is FURTHER ORDERED that the Government may file a response to any briefing filed by Plaintiff on or before August 28, 2020, and such a response shall be no longer than 7 pages. Signed by Judge Ketanji Brown Jackson on 6/29/2020. (jag) (Entered: 06/29/2020)
2020-07-28	48	NOTICE OF SUBSTITUTION OF COUNSEL by Kathleene A. Molen on behalf of DEPARTMENT OF JUSTICE Substituting for attorney Sean M. Tepe (Molen, Kathleene) (Entered: 07/28/2020)
2020-07-31	49	NOTICE of Filing Supplemental Declaration and Vaughn Index by DEPARTMENT OF JUSTICE (Attachments: # 1 Declaration Seidel declaration, # 2 Exhibit Ex. A, # 3 Exhibit Ex. B - Vaughn Index)(Molen, Kathleene) (Entered: 07/31/2020)
2020-08-14	50	RESPONSE re 49 Notice (Other) filed by KEEPING GOVERNMENT BEHOLDEN, INC.. (McClanahan, Kelly) (Entered: 08/14/2020)
2020-08-28	51	RESPONSE by DEPARTMENT OF JUSTICE re 50 Response to Document (Molen, Kathleene) Modified event title on 9/1/2020 (znmw). (Entered: 08/28/2020)
2021-06-24		Judge Ketanji Brown Jackson has been elevated to serve on the U.S. Court of Appeals for the D.C. Circuit. She is therefore no longer assigned to this case, and this matter has been reassigned to the Calendar Committee, which will oversee it until it is assigned to another district judge. Any questions should be directed to Judge Jackson's former deputy clerk, Gwendolyn Franklin, at 202-354-3145 or gwen_franklin@dcd.uscourts.gov. (rj) (Entered: 06/24/2021)
2021-10-01		Case directly reassigned to Judge Florence Y. Pan. Judge Ketanji Brown Jackson has been appointed to the D.C. Circuit and is no longer assigned to the case. (ztnr) (Entered: 10/01/2021)
2021-11-04	52	NOTICE OF SUBSTITUTION OF COUNSEL by Sean Michael Tepe on behalf of DEPARTMENT OF JUSTICE Substituting for attorney Kathleene Molen (Tepe, Sean) (Entered: 11/04/2021)
2021-12-13	53	ORDER granting Defendant's 30 Motion for Summary Judgment and denying Plaintiff's 32 Cross Motion for Summary Judgment. Signed by Judge Florence Y. Pan on 12/13/21. (lcaa) (Entered: 12/13/2021)
2021-12-13	54	MEMORANDUM AND OPINION. Signed by Judge Florence Y. Pan on 12/13/21. (lcaa) (Entered: 12/13/2021)
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