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Case TitleAMERICAN OVERSIGHT v. U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2018cv00512
Date Filed2018-03-06
Date Closed2020-04-10
JudgeJudge Tanya S. Chutkan
PlaintiffAMERICAN OVERSIGHT
Case DescriptionAmerican Oversight submitted five FOIA requests to the Department of Housing and Urban Development for records pertaining to communications with Secretary Ben Carson's family, outside interest groups, the White House, and the Trump family. The agency acknowledged receipt of the requests and told American Oversight that it could find no records concerning communications with Carson's wife Candi. American Oversight filed an administrative appeal of that denial. The agency indicated that it was conducting another search for records responsive to that request. But after hearing nothing further from the agency on any of the requests, American Oversight filed suit.
Complaint issues: Adequacy - Search, Litigation - Vaughn index, Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantU.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
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
Complaint attachment 9
Complaint attachment 10
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2018-03-061COMPLAINT against U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT ( Filing fee $ 400 receipt number 0090-5360344) filed by AMERICAN OVERSIGHT. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Summons, # 8 Summons, # 9 Summons, # 10 Civil Cover Sheet)(France, Elizabeth) (Entered: 03/06/2018)
2018-03-062LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by AMERICAN OVERSIGHT (France, Elizabeth) (Entered: 03/06/2018)
2018-03-06Case Assigned to Judge Tanya S. Chutkan. (zsth) (Entered: 03/06/2018)
2018-03-063SUMMONS (3) Issued Electronically as to U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(zsth) Modified on 3/8/2018 (znmw). (Entered: 03/06/2018)
2018-03-074REQUEST FOR SUMMONS TO ISSUE filed by AMERICAN OVERSIGHT.(France, Elizabeth) (Entered: 03/07/2018)
2018-03-085SUMMONS (1) Issued Electronically as to U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. (znmw) (Entered: 03/08/2018)
2018-03-166RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 3/12/2018. ( Answer due for ALL FEDERAL DEFENDANTS by 4/11/2018.), RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 3/12/2018., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT served on 3/15/2018 (Attachments: # 1 Exhibit A)(France, Elizabeth) (Entered: 03/16/2018)
2018-04-117NOTICE of Appearance by Daniel Patrick Schaefer on behalf of U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (Schaefer, Daniel) (Entered: 04/11/2018)
2018-04-118ANSWER to Complaint by U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT.(Schaefer, Daniel) (Entered: 04/11/2018)
2018-04-16MINUTE ORDER: 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. IT IS HEREBY ORDERED that the parties shall meet and confer and propose a schedule for proceeding in this matter. The schedule shall address the status of Plaintiff's FOIA request, the anticipated number of documents responsive to Plaintiff's FOIA request, the anticipated date(s) for release of the documents requested by Plaintiff, whether a motion for an Open America stay is likely in this case, whether a Vaughn index will be required in this case, whether and when either party anticipates filing a dispositive motion, and any other pertinent issues. The parties shall file a joint status report that addresses these issues and that contains a proposed schedule and proposed order not later than 5/16/18. Signed by Judge Tanya S. Chutkan on 4/16/18. (DJS) (Entered: 04/16/2018)
2018-04-17Set/Reset Deadlines: Joint Status Report and proposed order due by 5/16/2018. (tb) (Entered: 04/17/2018)
2018-05-169Joint STATUS REPORT by U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. (Attachments: # 1 Text of Proposed Order (Defendant's), # 2 Text of Proposed Order (Plaintiff's))(Schaefer, Daniel) (Entered: 05/16/2018)
2018-05-25MINUTE ORDER: A Status Conference is hereby set for 6/28/18 at 1:15 pm in Courtroom 9. Signed by Judge Tanya S. Chutkan on 5/25/18. (DJS) (Entered: 05/25/2018)
2018-05-25Set/Reset Hearings: Status Conference set for 6/28/2018 at 01:15 PM in Courtroom 9 before Judge Tanya S. Chutkan. (tb) (Entered: 05/25/2018)
2018-06-28Set/Reset Hearings: Status Conference reset for 6/28/2018 at 01:30 PM in Courtroom 9 before Judge Tanya S. Chutkan. (tb) (Entered: 06/28/2018)
2018-06-28Minute Entry: Status Conference held on 6/28/2018 before Judge Tanya S. Chutkan. Status Conference set for 8/21/2018 at 10:00 AM in Courtroom 9 before Judge Tanya S. Chutkan. Status Report due by 7/30/2018. (Court Reporter Crystal Pilgrim) (tb) (Entered: 06/28/2018)
2018-07-3010Joint STATUS REPORT by U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. (Attachments: # 1 Text of Proposed Order Plaintiff, # 2 Text of Proposed Order Defendant)(Schaefer, Daniel) (Entered: 07/30/2018)
2018-08-21Minute Entry: Status Conference held on 8/21/2018 before Judge Tanya S. Chutkan: Joint Status Report due by 9/20/2018. (Court Reporter Bryan Wayne) (tb) (Entered: 08/22/2018)
2018-09-2011Joint STATUS REPORT by U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. (Attachments: # 1 Text of Proposed Order)(Schaefer, Daniel) (Entered: 09/20/2018)
2018-10-19MINUTE ORDER: Having considered the parties joint status report 11 , it is hereby ordered that the parties shall submit a further joint report by October 19, 2018, and every sixty days thereafter. To the extent the report contains a briefing schedule, the parties shall attach a proposed order. Signed by Judge Tanya S. Chutkan on 10/9/18. (DJS) (Entered: 10/19/2018)
2018-10-1912Joint STATUS REPORT by U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. (Schaefer, Daniel) (Entered: 10/19/2018)
2018-12-1713Joint STATUS REPORT by U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. (Schaefer, Daniel) (Entered: 12/17/2018)
2019-02-1914Joint STATUS REPORT by U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. (Attachments: # 1 Exhibit 1 - Scott Declaration)(Schaefer, Daniel) (Entered: 02/19/2019)
2019-02-27MINUTE ORDER LIFTING STAY: Having considered the Defendant's Notice of Restored Government Funding 13 and the parties' joint status report 13 , the previously imposed stay is hereby lifted. It is hereby ordered that the parties shall file another joint status report by 4/19/19, and every 60 days thereafter. To the extent the parties propose a production schedule and/or briefing schedule, the status report shall include a proposed order. Signed by Judge Tanya S. Chutkan on 2/27/19. (DJS) (Entered: 02/27/2019)
2019-03-01Set/Reset Deadlines: Joint Status Report due by 4/19/2019. (tb) (Entered: 03/01/2019)
2019-04-1915Joint STATUS REPORT by U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. (Schaefer, Daniel) (Entered: 04/19/2019)
2019-06-1816Joint STATUS REPORT by AMERICAN OVERSIGHT. (France, Elizabeth) (Entered: 06/18/2019)
2019-08-1917Joint STATUS REPORT by U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. (Schaefer, Daniel) (Entered: 08/19/2019)
2019-10-1718NOTICE of Appearance by Sara Kaiser Creighton on behalf of AMERICAN OVERSIGHT (Creighton, Sara) (Entered: 10/17/2019)
2019-10-1819NOTICE of Appearance by Khahilia Y. Shaw on behalf of AMERICAN OVERSIGHT (Shaw, Khahilia) (Entered: 10/18/2019)
2019-10-1820Joint STATUS REPORT by U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. (Schaefer, Daniel) (Entered: 10/18/2019)
2019-10-2221NOTICE OF WITHDRAWAL OF APPEARANCE as to AMERICAN OVERSIGHT. Attorney Elizabeth France terminated. (France, Elizabeth) (Entered: 10/22/2019)
2019-12-1822Joint STATUS REPORT by U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. (Schaefer, Daniel) (Entered: 12/18/2019)
2020-02-1823Joint STATUS REPORT by U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. (Schaefer, Daniel) (Entered: 02/18/2020)
2020-04-0324STIPULATION of Dismissal by AMERICAN OVERSIGHT. (Shaw, Khahilia) (Entered: 04/03/2020)
2020-04-09MINUTE ORDER: Having considered the parties' joint stipulation of dismissal 24 , it is hereby ordered that this action is DISMISSED WITH PREJUDICE. Each party to bear its own costs. Signed by Judge Tanya S. Chutkan on 4/9/2020. (DJS) (Entered: 04/09/2020)
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