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Case TitleFREEDOM WATCH, INC. v. DEPARTMENT OF JUSTICE et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2018cv00831
Date Filed2018-04-11
Date Closed2018-12-17
JudgeJudge Tanya S. Chutkan
PlaintiffFREEDOM WATCH, INC.
Case DescriptionFreedom Watch submitted three FOIA requests to the Department of Justice for records concerning the Cliven Bundy prosecution, the Andrew McCabe investigation, and the recommendation for the appointment of a special counsel to investigate Fusion GSP. The agency acknowledged receipt of the requests, but after hearing nothing further from the agency, Freedom Watch filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Vaughn index, Litigation - Attorney's fees

DefendantU.S. DEPARTMENT OF JUSTICE
DefendantFEDERAL BUREAU OF INVESTIGATION
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2018-04-111COMPLAINT against All Defendants ( Filing fee $ 400 receipt number 0090-5417339) filed by FREEDOM WATCH, INC.. (Attachments: # 1 Exhibit, # 2 Civil Cover Sheet, # 3 Summons, # 4 Summons, # 5 Summons)(Klayman, Larry) (Attachment 2 replaced on 4/12/2018) (zsth). (Entered: 04/11/2018)
2018-04-11Case Assigned to Judge Tanya S. Chutkan. (zsth) (Entered: 04/12/2018)
2018-04-122SUMMONS (3) Issued Electronically as to FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE and U.S. Attorney. (Attachments: # 1 Notice and Consent)(zsth) (Entered: 04/12/2018)
2018-07-18MINUTE ORDER TO SHOW CAUSE: Plaintiff filed this action on 04/11/2018 and the Clerk of the Court issued summonses on 04/12/2018. It appears from the record that Plaintiff, has yet to effectuate service on the Defendants. Therefore, it is hereby ORDERED that Plaintiff SHOW CAUSE, in writing, on or before 7/25/18, why this action should not be dismissed for failure to prosecute. Should Plaintiff fail to effectuate service or satisfactorily respond to the present order by 7/25/18, the court may dismiss this action without further notice. See Fed. R. Civ. P. 4(m). Signed by Judge Tanya S. Chutkan on 7/18/18. (DJS) (Entered: 07/18/2018)
2018-07-19Set/Reset Deadlines: Response to Show Cause due by 7/25/2018. (tb) (Entered: 07/19/2018)
2018-07-233RESPONSE TO ORDER OF THE COURT Response to the Court's Minute Order of July 18, 2018 by FREEDOM WATCH, INC. re Order to Show Cause,, (Klayman, Larry) Modified event title on 8/7/2018 (znmw). (Entered: 07/23/2018)
2018-08-22MINUTE ORDER: By 8/31/18 Plaintiff shall file a notice updating the court on Plaintiff's efforts to effectuate service. Failure to file a timely response may result in dismissal of this action for failure to prosecute. Signed by Judge Tanya S. Chutkan on 8/22/18. (DJS) (Entered: 08/22/2018)
2018-08-22Set/Reset Deadlines: Notice to Court regarding the effectuation of service due by 8/31/2018. (tb) (Entered: 08/22/2018)
2018-08-314RESPONSE TO ORDER OF THE COURT re Order, filed by FREEDOM WATCH, INC.. (Attachments: # 1 Exhibit)(Klayman, Larry) (Entered: 08/31/2018)
2018-09-195NOTICE of Appearance by Damon William Taaffe on behalf of FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE (Taaffe, Damon) (Entered: 09/19/2018)
2018-09-266MOTION for Extension of Time to File Answer re 1 Complaint, by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE (Taaffe, Damon) (Entered: 09/26/2018)
2018-09-267RESPONSE re 6 MOTION for Extension of Time to File Answer re 1 Complaint, filed by FREEDOM WATCH, INC.. (Klayman, Larry) (Entered: 09/26/2018)
2018-10-06MINUTE ORDER: Granting 6 Motion for Extension of Time to Answer. Defendants shall answer or otherwise respond to the complaint by October 12, 2018. Signed by Judge Tanya S. Chutkan on 10/6/18. (DJS) (Entered: 10/06/2018)
2018-10-11Set/Reset Deadlines: Answer due by 10/12/2018. (tb) (Entered: 10/11/2018)
2018-10-128MOTION to Dismiss by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE (Attachments: # 1 Exhibits)(Taaffe, Damon) (Entered: 10/12/2018)
2018-10-269Consent MOTION for Extension of Time to Respond to Defendants' Motion to Dismiss by FREEDOM WATCH, INC. (Attachments: # 1 Text of Proposed Order)(Klayman, Larry) (Entered: 10/26/2018)
2018-10-26MINUTE ORDER: Granting 9 Consent Motion for Extension of Deadlines. Plaintiff's response due November 9, 2018. Going forward the parties shall file proposed orders that include the dates for all proposed extended deadlines. Signed by Judge Tanya S. Chutkan on 10/26/18. (DJS) (Entered: 10/26/2018)
2018-10-30Set/Reset Deadlines: Response due by 11/9/2018. (tb) (Entered: 10/30/2018)
2018-11-0810Memorandum in opposition to re 8 MOTION to Dismiss filed by FREEDOM WATCH, INC.. (Klayman, Larry) (Entered: 11/08/2018)
2018-11-0811MOTION to Stay by FREEDOM WATCH, INC. (See docket entry no. 10 to view.) (ztd) (Entered: 11/09/2018)
2018-11-1512REPLY to opposition to motion re 8 MOTION to Dismiss filed by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE. (Taaffe, Damon) (Entered: 11/15/2018)
2018-11-1513Memorandum in opposition to re 11 MOTION to Stay filed by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE. (Taaffe, Damon) (Entered: 11/15/2018)
2018-11-29MINUTE ORDER: A Motions Hearing is hereby set for December 14, 2018 at 11:00 a.m., in Courtroom 9. Signed by Judge Tanya S. Chutkan on 11/29/2018. (lctsc1) (Entered: 11/29/2018)
2018-12-0314Consent MOTION for Leave to Appear Telephonically at the Scheduled Hearing of December 14, 2018 by FREEDOM WATCH, INC. (Attachments: # 1 Text of Proposed Order)(Klayman, Larry) (Entered: 12/03/2018)
2018-12-03MINUTE ORDER: Granting 14 Motion for Leave to Appear Telephonically. Plaintiff's counsel may appear telephonically for the December 14, 2018 motions hearing. Plaintiff's counsel shall contact Courtroom Deputy Tim Bradley for call-in instructions. Signed by Judge Tanya S. Chutkan on 12/3/18. (DJS) (Entered: 12/03/2018)
2018-12-14Minute Entry: Motion Hearing held on 12/14/2018 before Judge Tanya S. Chutkan re 8 MOTION to Dismiss filed by U.S. DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF INVESTIGATION and 11 MOTION to Stay filed by FREEDOM WATCH, INC. The Court orally ruled that the motion to stay is DENIED and the motion to dismiss is GRANTED. With respect to the motion to dismiss, because Plaintiff failed to file timely appeals following Defendants' denials of the following requests, any claims regarding them are dismissed with prejudice: (1) the request to the Office of Information Policy relating to former FBI Director McCabe, (2) all requests to the Criminal Division, and (3) the request to the FBI relating to former FBI Director McCabe. The remaining claims are dismissed without prejudice for failure to constructively exhaust administrative remedies before filing suit. (Court Reporter Bryan Wayne) (tb) Modified on 12/17/2018 (tb). (Entered: 12/17/2018)
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by FOIA Project Staff
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