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Case TitleFIX THE COURT v. U.S. NATIONAL ARCHIVES AND RECORDS ADMINISTRATION
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2018cv01621
Date Filed2018-07-10
Date Closed2019-02-06
JudgeJudge Tanya S. Chutkan
PlaintiffFIX THE COURT
Case DescriptionFix the Court submitted a FOIA request to the National Archives and Records Administration for records concerning Brett Kavanaugh's work with Independent Counsel Ken Starr. NARA acknowledged receipt of the request and sent Fix the Court a list of boxes with potentially responsive records. Fix the Court identified 19 boxes for NARA to search. NARA later told Fix the Court that its search would take several months. After hearing nothing further from the agency, Fix the Court filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Attorney's fees

DefendantU.S. NATIONAL ARCHIVES AND RECORDS ADMINISTRATION
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2018-07-101COMPLAINT against NATIONAL ARCHIVES AND RECORDS ADMINISTRATION ( Filing fee $ 400 receipt number 0090-5578881) filed by FIX THE COURT. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons, # 4 Summons)(France, Elizabeth) (Entered: 07/10/2018)
2018-07-102LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by FIX THE COURT (France, Elizabeth) (Entered: 07/10/2018)
2018-07-10Case Assigned to Judge Tanya S. Chutkan. (zjd) (Entered: 07/10/2018)
2018-07-103SUMMONS (3) Issued Electronically as to U.S. NATIONAL ARCHIVES AND RECORDS ADMINISTRATION, U.S. Attorney and U.S. Attorney General/ (Attachment: # 1 Notice and Consent)(zjd) (Entered: 07/10/2018)
2018-07-164WITHDRAWN PURSUANT TO ENTRY 9 .....MOTION for Preliminary Injunction by FIX THE COURT (Attachments: # 1 Memorandum in Support, # 2 Declaration of Gabe Roth, # 3 Exhibit A to Roth Declaration, # 4 Exhibit B to Roth Declaration, # 5 Exhibit C to Roth Declaration, # 6 Exhibit D to Roth Declaration)(France, Elizabeth) Modified on 7/28/2018 (jf). (Entered: 07/16/2018)
2018-07-165NOTICE of Appearance by Elizabeth J. Shapiro on behalf of All Defendants (Shapiro, Elizabeth) (Entered: 07/16/2018)
2018-07-166NOTICE of Appearance by Rebecca Michelle Kopplin on behalf of U.S. NATIONAL ARCHIVES AND RECORDS ADMINISTRATION (Kopplin, Rebecca) (Entered: 07/16/2018)
2018-07-17MINUTE ORDER: Defendant's Response to Plaintiff's Motion for Preliminary Injunction is due by July 23, 2018. Plaintiff's Reply is due by July 30, 2018. The court will hear oral argument regarding Plaintiff's Motion for Preliminary Injunction on August 3, 2018 at 9:30 am in Courtroom 9. Signed by Judge Tanya S. Chutkan on 7/17/2018. (lctsc2). (Entered: 07/17/2018)
2018-07-17Set/Reset Deadlines/Hearings: Response due by 7/23/2018. Reply due by 7/30/2018. Motion Hearing set for 8/3/2018 at 09:30 AM in Courtroom 9 before Judge Tanya S. Chutkan. (tb) (Entered: 07/17/2018)
2018-07-19Set/Reset Deadlines: Response to PI motion due by 7/23/2018. Reply due by 7/30/2018. Set/Reset Hearings: Motion Hearing set for 8/3/2018 at 09:30 AM in Courtroom 9 before Judge Tanya S. Chutkan. (tb) (Entered: 07/19/2018)
2018-07-207MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Katherine Marie Anthony, :Firm- American Oversight, :Address- 1030 15th St, B255. Phone No. - 2028973918. Filing fee $ 100, receipt number 0090-5598228. Fee Status: Fee Paid. by FIX THE COURT (France, Elizabeth) (Entered: 07/20/2018)
2018-07-208NOTICE by U.S. NATIONAL ARCHIVES AND RECORDS ADMINISTRATION (Kopplin, Rebecca) (Entered: 07/20/2018)
2018-07-209NOTICE OF WITHDRAWAL OF MOTION by FIX THE COURT re 4 MOTION for Preliminary Injunction (France, Elizabeth) (Entered: 07/20/2018)
2018-07-22MINUTE ORDER: In light of 9 Plaintiff's Notice of Withdrawal of Motion for a Preliminary Injunction, the hearing scheduled for August 3, 2018 is hereby vacated. Signed by Judge Tanya S. Chutkan on 7/22/2018. (lctsc2). (Entered: 07/22/2018)
2018-07-25MINUTE ORDER: Granting 7 Motion for Leave to Appear Pro Hac Vice. Attorney Katherine Marie Anthony is hereby admitted pro hac vice to appear in this matter on behalf of Plaintiff. Signed by Judge Tanya S. Chutkan on 7/25/18. (DJS) (Entered: 07/25/2018)
2018-08-0810RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 7/12/2018. ( Answer due for ALL FEDERAL DEFENDANTS by 8/11/2018.), RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 7/16/2018., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. NATIONAL ARCHIVES AND RECORDS ADMINISTRATION served on 7/16/2018 (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Anthony, Katherine) (Entered: 08/08/2018)
2018-08-1011NOTICE of Appearance by Austin Ridgely Evers on behalf of FIX THE COURT (Evers, Austin) Main document replaced on 8/15/2018 (znmw). (Entered: 08/10/2018)
2018-08-1312ANSWER to Complaint by U.S. NATIONAL ARCHIVES AND RECORDS ADMINISTRATION.(Kopplin, Rebecca) (Entered: 08/13/2018)
2018-08-13MINUTE 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 no later than 9/14/18. Signed by Judge Tanya S. Chutkan on 8/13/18. (DJS) (Entered: 08/13/2018)
2018-08-14Set/Reset Deadlines: Joint Status Report due by 9/14/2018. (tb) (Entered: 08/14/2018)
2018-09-1413Joint STATUS REPORT by U.S. NATIONAL ARCHIVES AND RECORDS ADMINISTRATION (Attachments: # 1 Text of Proposed Order)(Kopplin, Rebecca) Modified on 9/19/2018 (ztd). (Entered: 09/14/2018)
2018-09-18MINUTE ORDER: Having considered the parties' joint status report 13 , it is hereby ordered that the parties shall submit another joint report and proposed order by October 15, 2018. Signed by Judge Tanya S. Chutkan on 9/18/18.(DJS) (Entered: 09/18/2018)
2018-09-20Set/Reset Deadlines: Joint Status Report due by 10/15/2018. (tb) (Entered: 09/20/2018)
2018-10-0914NOTICE of Change of Address by Rebecca Michelle Kopplin (Kopplin, Rebecca) (Entered: 10/09/2018)
2018-10-1515Joint STATUS REPORT by FIX THE COURT. (Attachments: # 1 Text of Proposed Order)(France, Elizabeth) (Entered: 10/15/2018)
2018-10-18MINUTE ORDER: Having considered the parties' joint status report 13 , it is hereby ordered that the parties shall file another joint report and proposed order by November 15, 2018. Signed by Judge Tanya S. Chutkan on 10/18/18. (DJS) (Entered: 10/18/2018)
2018-10-22Set/Reset Deadlines: Joint Status Report due by 11/15/2018. (tb) (Entered: 10/22/2018)
2018-11-1516Joint STATUS REPORT by FIX THE COURT. (Attachments: # 1 Text of Proposed Order)(France, Elizabeth) (Entered: 11/15/2018)
2018-11-21MINUTE ORDER: Having considered the parties' Joint Status Report 16 , it is hereby ordered that the parties shall file another joint report and proposed order by 1/7/19. Signed by Judge Tanya S. Chutkan on 11/1/18. (DJS) (Entered: 11/21/2018)
2018-11-26Set/Reset Deadlines: Joint Status Report due by 1/7/2019. (tb) (Entered: 11/26/2018)
2019-01-0217MOTION to Stay Joint Status Report deadline by U.S. NATIONAL ARCHIVES AND RECORDS ADMINISTRATION (Attachments: # 1 Text of Proposed Order)(Kopplin, Rebecca) (Entered: 01/02/2019)
2019-01-02MINUTE ORDER: Granting 17 Motion to Stay. The parties' January 7, 2019 deadline to file a joint status report is hereby STAYED. Defendant's counsel shall notify the Court as soon as Congress has appropriated funds for the Department of Justice, and Department of Justice attorneys are permitted to resume their usual civil litigation functions. It is further ordered, that all current deadlines for the parties shall be extended commensurate with the duration of the lapse in appropriations. Signed by Judge Tanya S. Chutkan on 1/2/19. (DJS) (Entered: 01/02/2019)
2019-01-2818NOTICE of Restoration of Appropriations by U.S. NATIONAL ARCHIVES AND RECORDS ADMINISTRATION (Kopplin, Rebecca) (Entered: 01/28/2019)
2019-01-3119STIPULATION of Dismissal by FIX THE COURT. (France, Elizabeth) (Entered: 01/31/2019)
2019-01-3120ORDER OF DISMISSAL: Dismissing action with prejudice. Signed by Judge Tanya S. Chutkan on 1/31/19. (DJS) (Entered: 01/31/2019)
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by FOIA Project Staff
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