Case Detail

FOIA Project Annotation: Judge Tanya Chutkan has ruled that Judicial Watch may not use a subsequent request concerning records on former Secretary of State Hillary Clinton's use of a personal email account to force the agency to process its request more quickly because it failed to respond within the statutory 20-day time limits. In 2016, Judicial Watch filed suit against the Department of Justice over its failure to disclose records concerning the FBI's investigation of Clinton's email server, as well as the June 2016 meeting between Bill Clinton and then Attorney General Loretta Lynch. During a status hearing in January 2017, Judicial Watch and DOJ attorneys discussed how requests for records related to the Clinton email investigation were being processed. The DOJ attorney indicated that the FBI was processing the entire investigative file, containing approximately 10,000 pages, at a rate of 500 pages a month, which were then placed on the agency's website. Judicial Watch filed a second suit in December 2016 for records discovered on Clinton's email server. At a status conference in January 2017, Judicial Watch was once again told that the records were being processed at a rate of 500 pages a month and that it would take between 20 and 24 months for all materials to be produced. Judicial Watch asked Judge Randolph Moss to require the agency to extract records responsive to its narrower request and review and process them first. Moss found Judicial Watch's resource swap was not feasible and allowed the FBI to continue to process the entire file. In July 2018, Judicial Watch submitted a third FOIA request for records concerning Clinton's use of a personal email account. DOJ acknowledged the third request, told Judicial Watch that already processed records were available on its website and that new postings would constitute interim releases. Judicial Watch filed suit, arguing that DOJ had failed to provide a determination letter concerning how it planned to proceed. The parties agreed that CREW v. FEC, 711 F.3d 180 (D.C. Cir. 2013), in which the D.C. Circuit found that a determination letter required an agency to gather and review documents, determine and communicate the scope of the documents it intended to produce, including any reasons for withholding records, and tell the requester of their right to appeal, applied here. Chutkan explained that "Plaintiff had far more information when it filed this lawsuit than did the plaintiff in CREW." She pointed out that "the FBI provided information beyond mere notice of its receipt of Plaintiff's request, and the information provided constituted an adequate response. , .[T]he letter reiterated what Plaintiff knew since at least 2017: records responsive to its FOIA request were being processed and publicly posted on the FBI's online FOIA library on the first Friday of every month. . .[T]he letter informed Plaintiff that the available records constituted an interim release of information, and that the FOIA request would remain open while additional records were being produced." Chutkan concluded that "the letter, coupled with prior representations in virtually identical litigation with the same counsel, constituted a determination to comply with Plaintiff's FOIA request. The DOJ deserves an opportunity to apply its expertise, correct mistakes, and develop a factual record that could prevent the need for unnecessary judicial review."
Issues: Determination, Litigation - Jurisdiction - Failure to Exhaust

Date Filed	Doc #	Docket Text
2018-08-24	1	COMPLAINT against U.S. DEPARTMENT OF JUSTICE ( Filing fee $ 400 receipt number 0090-5655885) filed by JUDICIAL WATCH, INC.. (Attachments: # 1 Civil Cover Sheet, # 2 Summons U.S. Attorney for the District of Columbia, # 3 Summons U.S. Attorney General, # 4 Summons U.S. Department of Justice)(Bekesha, Michael) (Entered: 08/24/2018)
2018-08-24	2	LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by JUDICIAL WATCH, INC. (Bekesha, Michael) (Entered: 08/24/2018)
2018-08-24	3	NOTICE OF RELATED CASE by JUDICIAL WATCH, INC.. Case related to Case No. 16-cv-2046. (Bekesha, Michael) (Entered: 08/24/2018)
2018-08-27		Case Assigned to Judge Tanya S. Chutkan. (zsb) (Entered: 08/27/2018)
2018-08-27	4	SUMMONS (3) Issued Electronically as to U.S. DEPARTMENT OF JUSTICE, U.S. Attorney and U.S. Attorney General (zsb) (Entered: 08/27/2018)
2018-09-05	5	ENTERED IN ERROR. . . . .RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 9/4/2018. ( Answer due for ALL FEDERAL DEFENDANTS by 10/4/2018.), RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 9/4/2018., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF JUSTICE served on 9/4/2018 (Attachments: # 1 Declaration of Cristina Rotaru)(Bekesha, Michael) Modified on 9/5/2018 (ztd). (Entered: 09/05/2018)
2018-09-05		NOTICE OF CORRECTED DOCKET ENTRY: re 5 Summons Returned Executed in FOIA as to U.S. Attorney,,, Summons Returned Executed as to U.S. Attorney General,,, Summons Returned Executed as to Federal Defendant,, was entered in error and counsel was instructed to refile said pleading in the correct case. (ztd) (Entered: 09/05/2018)
2018-09-05	6	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 9/4/2018. ( Answer due for ALL FEDERAL DEFENDANTS by 10/4/2018.), RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 9/4/2018., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. (Attachments: # 1 Declaration of Cristina Rotaru)(Bekesha, Michael) (Entered: 09/05/2018)
2018-09-05	7	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to U.S. DEPARTMENT OF JUSTICE served on 9/4/2018. (See docket entry 6 to view document.) (ztd) (Entered: 09/06/2018)
2018-10-04	8	MOTION to Dismiss Complaint under Federal Rule of Civil Procedure 12(b)(6) by U.S. DEPARTMENT OF JUSTICE (Attachments: # 1 Memorandum in Support, # 2 Exhibit A- Acknowledgment Letter, # 3 Exhibit B- Vault Letter, # 4 Exhibit C- January 2017 Joint Status Report, # 5 Exhibit D- First Status Conference, # 6 Exhibit E- Second Status Conference, # 7 Text of Proposed Order)(Lopez-Morales, Cesar) (Entered: 10/04/2018)
2018-10-17	9	NOTICE of Appearance by James F. Peterson on behalf of JUDICIAL WATCH, INC. (Peterson, James) (Entered: 10/17/2018)
2018-10-17	10	Consent MOTION for Extension of Time to File Opposition by JUDICIAL WATCH, INC. (Attachments: # 1 Text of Proposed Order)(Peterson, James) Modified relief on 10/18/2018 (ztd). (Entered: 10/17/2018)
2018-10-22		MINUTE ORDER: Granting 10 Consent Motion for Extension of Deadlines. Plaintiff's response due 10/25/18. Signed by Judge Tanya S. Chutkan on 10/2/18. (DJS) (Entered: 10/22/2018)
2018-10-23		Set/Reset Deadlines: Response due by 10/25/2018. (tb) (Entered: 10/23/2018)
2018-10-25	11	Memorandum in opposition to re 8 MOTION to Dismiss Complaint under Federal Rule of Civil Procedure 12(b)(6) filed by JUDICIAL WATCH, INC.. (Attachments: # 1 Exhibit A, # 2 Text of Proposed Order)(Peterson, James) (Entered: 10/25/2018)
2018-10-31	12	Consent MOTION for Extension of Time to File Response/Reply as to 8 MOTION to Dismiss Complaint under Federal Rule of Civil Procedure 12(b)(6) by U.S. DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Lopez-Morales, Cesar) (Entered: 10/31/2018)
2018-11-01		MINUTE ORDER: Granting 12 Consent Motion for Extension of Deadlines. Defendant's reply due 11/5/18. Signed by Judge Tanya S. Chutkan on 11/1/18. (DJS) (Entered: 11/01/2018)
2018-11-01		Set/Reset Deadlines: Defendant's Reply due by 11/5/2018. (mac) (Entered: 11/01/2018)
2018-11-05	13	REPLY to opposition to motion re 8 MOTION to Dismiss Complaint under Federal Rule of Civil Procedure 12(b)(6) filed by U.S. DEPARTMENT OF JUSTICE. (Lopez-Morales, Cesar) (Entered: 11/05/2018)
2019-07-24	14	NOTICE OF SUBSTITUTION OF COUNSEL by James O. Bickford on behalf of U.S. DEPARTMENT OF JUSTICE Substituting for attorney Cesar A. Lopez-Morales (Bickford, James) (Entered: 07/24/2019)
2019-09-19	15	MEMORANDUM OPINION regarding Defendant's motion 8 to dismiss. Signed by Judge Tanya S. Chutkan on 9/19/2019. (lctsc1) (Entered: 09/19/2019)
2019-09-19	16	ORDER granting Defendant's motion 8 to dismiss and directing the clerk of the court to close this case. Signed by Judge Tanya S. Chutkan on 9/19/2019. (lctsc1) (Entered: 09/19/2019)
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