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Case TitleAMERICAN OVERSIGHT v. U.S. GENERAL SERVICES ADMINISTRATION et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2018cv02419
Date Filed2018-10-23
Date Closed2022-04-11
JudgeJudge Colleen Kollar-Kotelly
PlaintiffAMERICAN OVERSIGHT
Case DescriptionAmerican Oversight submitted FOIA requests to the General Services Administration, OMB, the FBI, and the Department of Justice for records concerning three meetings discussing the FBI Headquarters Consolidation Project. The agencies acknowledged receipt of the requests, but after hearing nothing further from any of the agencies, American Oversight filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Vaughn index, Litigation - Attorney's fees

DefendantU.S. GENERAL SERVICES ADMINISTRATION
DefendantOFFICE OF MANAGEMENT AND BUDGET
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
Complaint attachment 6
Complaint attachment 7
Opinion/Order [33]
FOIA Project Annotation: Like two other district court judges who faulted both the General Services Administration and OMB for their failure to conduct adequate searches for records concerning the decision on the FBI Consolidation Project, Judge Colleen Kollar-Kotelly has ruled that searches by GSA, OMB, and the Department of Justice for records in response to requests from American Oversight also fell short because the agency either failed to include obvious search terms or failed to search email accounts of staffers likely to have responsive records. In response to American Oversight's requests, GSA located 52 responsive pages, released 23 pages with redactions and withheld 29 pages entirely under Exemption 5 (privileges). OMB located 19 responsive pages and withheld them entirely under Exemption 5. The FBI located 38 pages, released 10 pages in full,7 pages in part, and withheld 21 pages entirely under Exemption 5. The Department of Justice located six pages and released one page in full. American Oversight challenged the agencies' searches and their use of Exemption 5. American Oversight faulted GSA's decision to search records using exclusively email addresses. Kollar-Kotelly agreed that using email addresses only improperly limited the agency's search. She noted that "given the breadth of Plaintiff's request, and lacking justification from Defendant GSA, the Court finds that the decision to link all search terms with email addresses unreasonably excluded other, non-email records." DOJ decided to search only the email account of then Deputy Attorney General Rod Rosenstein because he was DOJ's point person at the meetings referenced in American Oversight's requests. Kollar-Kotelly agreed with American Oversight that once DOJ found that two other DOJ officials worked with Rosenstein on preparing for the meeting it should have searched their records as well. She observed that "even if Mr. Rosenstein was the sole attendant of meeting, the disclosed email makes clear that he did not work alone in preparing for the meeting and may not have worked alone in the meeting's follow-up." OMB declined to use terms like the "Hoover Building" and "JEH," claiming those terms were not commonly used by OMB. She noted that "by omitting obvious synonyms, Defendant OMB's search was not reasonably calculated to produce all responsive records." American Oversight also challenged the FBI's search because it failed to use terms like the "Hoover Building" and "JEH," arguing they were too broad and would result in too many non-responsive hits. Kollar-Kotelly noted that the FBI could have refined its request. She pointed out that "insofar as the searches would produce a plethora of unresponsive documents, Defendant FBI failed to consider whether the terms could be combined with restrictions such as a narrowed timeframe or other search terms such as 'relocation' or 'consolidation' in order to lessen the number of unresponsive documents." American Oversight also faulted the FBI for searching only Director Christopher Wray's email account rather than paper records. Kollar-Kotelly pointed out that "as Director Wray was in attendance at these meetings it is reasonable to think that he might have notes, handouts, or other material that are in paper form and not electronically stored. Lacking adequate explanation, it was not reasonable for Defendant FBI to fail to search Director Wray's paper records."
Issues: Adequacy - Search
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2018-10-231COMPLAINT against All Defendants ( Filing fee $ 400 receipt number 0090-5753671) filed by AMERICAN OVERSIGHT. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Summons, # 6 Summons, # 7 Summons)(Cafasso, Cerissa) (Entered: 10/23/2018)
2018-10-232LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by AMERICAN OVERSIGHT (Cafasso, Cerissa) (Entered: 10/23/2018)
2018-10-25Case Assigned to Judge Colleen Kollar-Kotelly. (zjd) (Entered: 10/25/2018)
2018-10-253SUMMONS (6) Issued Electronically as to FEDERAL BUREAU OF INVESTIGATION, OFFICE OF MANAGEMENT AND BUDGET, U.S. DEPARTMENT OF JUSTICE, U.S. GENERAL SERVICES ADMINISTRATION, U.S. Attorney and U.S. Attorney General. (Attachment: # 1 Notice and Consent)(zjd) (Entered: 10/25/2018)
2018-10-294ORDER ESTABLISHING PROCEDURES FOR CASES ASSIGNED TO JUDGE COLLEEN KOLLAR-KOTELLY. Signed by Judge Colleen Kollar-Kotelly on 10/29/18. (DM) (Entered: 10/29/2018)
2018-11-155RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 10/25/2018. ( Answer due for ALL FEDERAL DEFENDANTS by 11/24/2018.), RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 10/31/2018., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. FEDERAL BUREAU OF INVESTIGATION served on 10/31/2018; OFFICE OF MANAGEMENT AND BUDGET served on 10/31/2018; U.S. DEPARTMENT OF JUSTICE served on 10/31/2018; U.S. GENERAL SERVICES ADMINISTRATION served on 10/30/2018 (Cafasso, Cerissa) (Entered: 11/15/2018)
2018-11-166NOTICE of Appearance by Peter T. Wechsler on behalf of All Defendants (Wechsler, Peter) (Entered: 11/16/2018)
2018-11-167Unopposed MOTION for Extension of Time to File Answer by FEDERAL BUREAU OF INVESTIGATION, OFFICE OF MANAGEMENT AND BUDGET, U.S. DEPARTMENT OF JUSTICE, U.S. GENERAL SERVICES ADMINISTRATION (Attachments: # 1 Text of Proposed Order)(Wechsler, Peter) (Entered: 11/16/2018)
2018-11-16Minute Order: The Court is in receipt of Defendants' 7 Motion for an Extension of Time. Defendants' response to Plaintiff's complaint is currently due November 26, 2018. Defendants' counsel was only recently assigned to the matter and requires additional time to consult with Defendants and prepare a response. Plaintiff does not oppose this motion. Defendants' motion is GRANTED. Defendants' response to Plaintiff's complaint is due DECEMBER 10, 2018. Signed by Judge Colleen Kollar-Kotelly on 11/16/2018. (lcckk3) (Entered: 11/16/2018)
2018-11-16Set/Reset Deadlines: Answer due by 12/10/2018. (dot) (Entered: 12/06/2018)
2018-12-078ANSWER to Complaint by U.S. GENERAL SERVICES ADMINISTRATION.(Wechsler, Peter) (Entered: 12/07/2018)
2018-12-109ORDER. Signed by Judge Colleen Kollar-Kotelly on 12/10/2018. (lcckk3) (Entered: 12/10/2018)
2018-12-10Set/Reset Deadlines: Joint Status Report due by 1/18/2019. (kt) (Entered: 12/10/2018)
2019-01-0710MOTION to Stay by U.S. GENERAL SERVICES ADMINISTRATION (Attachments: # 1 Text of Proposed Order)(Wechsler, Peter) (Entered: 01/07/2019)
2019-01-07Minute Order: The Court is in receipt of Defendants' 10 Motion for Stay of the Deadline for Parties to Submit a Joint Status Report. The parties' Joint Status Report is due January 18, 2019. Defendants move to extend this deadline. As of December 21, 2018, the appropriations act that had been funding the Department of Justice expired and appropriations to the Department lapsed. Absent an appropriation, the Department is prohibited from working except in circumstances which do not apply to this case. Defendants request a stay until after appropriations have been restored and an extension of the deadline for the submission of the Joint Status Report commensurate with the duration of the lapse in appropriations. Defendants report that Plaintiff takes no position with respect to tolling deadlines but opposes a general stay. As Defendants cannot work on this case during the lapse in appropriations, the Court GRANTS Defendants' motion and ORDERS the case STAYED. Defendants are ORDERED to file a Status Report within seven days of the restoration of appropriations notifying the Court and the Plaintiff and requesting an appropriate deadline for submitting the Joint Status Report. Signed by Judge Colleen Kollar-Kotelly on 01-07-2019. (lcckk3) (Entered: 01/07/2019)
2019-02-0111STATUS REPORT by U.S. GENERAL SERVICES ADMINISTRATION. (Wechsler, Peter) (Entered: 02/01/2019)
2019-02-01Minute Order: On January 7, 2019, this Court issued a stay in this case due to the lack of appropriations to the Department of Justice. As appropriations have now been restored, the Court ORDERS the stay lifted. The Court further ORDERS that the parties file their Joint Status Report by FEBRUARY 15, 2019. Signed by Judge Colleen Kollar-Kotelly on 2-1-2019. (lcckk3) (Entered: 02/01/2019)
2019-02-01Set/Reset Deadlines: Joint Status Report due by 2/15/2019. (dot) (Entered: 02/04/2019)
2019-02-1512Joint STATUS REPORT by AMERICAN OVERSIGHT. (Cafasso, Cerissa) (Entered: 02/15/2019)
2019-02-15Minute Order: The Court is in receipt of the parties' 12 Joint Status Report. The parties report that GSA has conducted searches for responsive records and located them for only one of Plaintiff's three FOIA requests. GSA also reports that it is withholding the records in full as exempt from FOIA. The parties further report that OMB has initiated a search for records responsive to Plaintiff's three FOIA requests and expects to soon have estimates for the numbers of potentially responsive records. DOJ-OIP has initiated its search for records responsive to Plaintiff's two FOIA requests and estimates that it will complete its search by June 15, 2019. DOJ-FBI reports that it has also commenced its search for records responsive to Plaintiff's two FOIA request but cannot yet estimate the number of records or the time it will take to complete the search. The parties are ORDERED to file a further JOINT STATUS REPORT on MARCH 15, 2019. The parties are further ORDERED to file additional Joint Status Reports every 30 days thereafter. The parties are also free to file Joint Status Reports between the filing deadlines if issues arise that require the Court's attention. Signed by Judge Colleen Kollar-Kotelly on 2-15-2019. (lcckk3) (Entered: 02/15/2019)
2019-02-15Set/Reset Deadlines: Joint Status Report due by 3/15/2019. (dot) (Entered: 02/22/2019)
2019-03-1513Joint STATUS REPORT by U.S. GENERAL SERVICES ADMINISTRATION. (Wechsler, Peter) (Entered: 03/15/2019)
2019-04-1514Joint STATUS REPORT by U.S. GENERAL SERVICES ADMINISTRATION. (Wechsler, Peter) (Entered: 04/15/2019)
2019-05-1515Joint STATUS REPORT by U.S. GENERAL SERVICES ADMINISTRATION. (Wechsler, Peter) (Entered: 05/15/2019)
2019-06-1716Joint STATUS REPORT by AMERICAN OVERSIGHT. (Cafasso, Cerissa) (Entered: 06/17/2019)
2019-07-1517Joint STATUS REPORT by AMERICAN OVERSIGHT. (Cafasso, Cerissa) (Entered: 07/15/2019)
2019-08-1418Joint STATUS REPORT by AMERICAN OVERSIGHT. (Cafasso, Cerissa) (Entered: 08/14/2019)
2019-09-1319Joint STATUS REPORT by U.S. GENERAL SERVICES ADMINISTRATION. (Wechsler, Peter) (Entered: 09/13/2019)
2019-09-13Minute Order: The Court is in receipt of the parties' 19 Joint Status Report. The parties report that Defendants have completed their searches and have redacted or withheld under FOIA exemptions some responsive records and produced all non-exempt responsive records. Plaintiff questions the redactions pursuant to FOIA Exemptions 5 and 7 as well as the adequacy of Defendants' searches. Summary judgment briefing is necessary to resolve these issues. The Court ORDERS that Defendants file a Motion for Summary Judgment by NOVEMBER 4, 2019; Plaintiff file an Opposition and Cross-Motion for Summary Judgment by DECEMBER 4, 2019; Defendants file a Reply and Opposition to Cross-Motion for Summary Judgment by JANUARY 6, 2020; and Plaintiff file a Reply by JANUARY 22, 2020. Signed by Judge Colleen Kollar-Kotelly on 9-13-2019. (lcckk3) (Entered: 09/13/2019)
2019-09-13Set/Reset Deadlines: Defendants' Summary Judgment Motion due by 11/4/2019. Response to Motion for Summary Judgment due by 12/4/2019. Reply to Motion for Summary Judgment due by 1/6/2020. Plaintiff's Cross Motion due by 12/4/2019. Response to Cross Motion due by 1/6/2020. Reply to Cross Motion due by 1/22/1920. (dot) (Entered: 09/16/2019)
2019-10-1820NOTICE of Appearance by Hart W. Wood on behalf of AMERICAN OVERSIGHT (Wood, Hart) (Entered: 10/18/2019)
2019-10-2321NOTICE OF WITHDRAWAL OF APPEARANCE as to AMERICAN OVERSIGHT. Attorney Cerissa Cafasso terminated. (Cafasso, Cerissa) (Entered: 10/23/2019)
2019-11-0422MOTION for Summary Judgment by U.S. GENERAL SERVICES ADMINISTRATION (Attachments: # 1 Memorandum in Support, # 2 Declaration Travis Lewis, # 3 Declaration Heather Walsh, # 4 Declaration Vanessa Brinkmann, # 5 Declaration David Hardy, # 6 Statement of Facts, # 7 Text of Proposed Order)(Wechsler, Peter) (Entered: 11/04/2019)
2019-12-0423Cross MOTION for Summary Judgment by AMERICAN OVERSIGHT (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order, # 3 Declaration of Hart Wood, # 4 Statement of Facts)(Wood, Hart) (Entered: 12/04/2019)
2019-12-0424Memorandum in opposition to re 22 MOTION for Summary Judgment filed by AMERICAN OVERSIGHT. (Attachments: # 1 Declaration of Hart Wood, # 2 Statement of Facts)(Wood, Hart) (Entered: 12/04/2019)
2019-12-1825Unopposed MOTION for Extension of Time to File Response/Reply by FEDERAL BUREAU OF INVESTIGATION, OFFICE OF MANAGEMENT AND BUDGET, U.S. DEPARTMENT OF JUSTICE, U.S. GENERAL SERVICES ADMINISTRATION (Attachments: # 1 Text of Proposed Order)(Wechsler, Peter) (Entered: 12/18/2019)
2019-12-18Minute Order: The Court is in receipt of Defendants' 25 Motion for an Extension of Time. Plaintiff does not oppose the relief requested. Currently, Defendants' opposition to Plaintiff's cross-motion for summary judgment and reply is due January 6, 2020. Defendants request an extension until January 10, 2020 in order to review all the necessary records and to complete the briefing. Defendants' Motion is GRANTED. Defendants' opposition to Plaintiff's cross-motion for summary judgment and reply is due JANUARY 10, 2020. Signed by Judge Colleen Kollar-Kotelly on 12-18-2019. (lcckk3) (Entered: 12/18/2019)
2019-12-18Set/Reset Deadlines: Defendants' Response to Cross Motion for Summary Judgment due by 1/10/2020. Reply to Motion for Summary Judgment due by 1/10/2020. (dot) (Entered: 12/20/2019)
2020-01-0826Unopposed MOTION for Extension of Time to File Response/Reply as to 23 Cross MOTION for Summary Judgment by FEDERAL BUREAU OF INVESTIGATION, OFFICE OF MANAGEMENT AND BUDGET, U.S. DEPARTMENT OF JUSTICE, U.S. GENERAL SERVICES ADMINISTRATION (Attachments: # 1 Text of Proposed Order)(Wechsler, Peter) (Entered: 01/08/2020)
2020-01-08Minute Order: The Court is in receipt of Defendants' 26 Unopposed Motion for an Extension of Time. Currently, Defendants' opposition to Plaintiff's cross-motion for summary judgment and reply is due January 10, 2020. This is Defendants' second request for an extension. Defendants request the extension because several Defendants have conducted additional searches for records and require additional time for processing and preparation of supplemental materials. Defendants' Motion is GRANTED. Defendants' opposition to Plaintiff's cross-motion for summary judgment and reply is due JANUARY 17, 2020 and Plaintiff's reply is due JANUARY 31, 2020. Signed by Judge Colleen Kollar-Kotelly on 1-8-2020. (lcckk3) (Entered: 01/08/2020)
2020-01-08Set/Reset Deadlines: Defendants' opposition to Plaintiff's cross-motion for summary judgment and reply is due JANUARY 17, 2020 and Plaintiff's reply is due JANUARY 31, 2020. (dot) (Entered: 01/09/2020)
2020-01-1727RESPONSE re 23 Cross MOTION for Summary Judgment filed by FEDERAL BUREAU OF INVESTIGATION, OFFICE OF MANAGEMENT AND BUDGET, U.S. DEPARTMENT OF JUSTICE, U.S. GENERAL SERVICES ADMINISTRATION. (Attachments: # 1 Declaration Second of Vanessa Brinkmann, # 2 Declaration Second of David Hardy, # 3 Declaration Second of Travis Lewis, # 4 Declaration Second of Heather Walsh, # 5 Statement of Facts)(Wechsler, Peter) (Entered: 01/17/2020)
2020-01-1728REPLY to opposition to motion re 22 MOTION for Summary Judgment filed by FEDERAL BUREAU OF INVESTIGATION, OFFICE OF MANAGEMENT AND BUDGET, U.S. DEPARTMENT OF JUSTICE, U.S. GENERAL SERVICES ADMINISTRATION. (Attachments: # 1 Declaration Second of Vanessa Brinkmann, # 2 Declaration Second of David Hardy, # 3 Declaration Second of Travis Lewis, # 4 Declaration Second of Heather Walsh)(Wechsler, Peter) (Entered: 01/17/2020)
2020-01-3129REPLY to opposition to motion re 23 Cross MOTION for Summary Judgment filed by AMERICAN OVERSIGHT. (Attachments: # 1 Declaration)(Wood, Hart) (Entered: 01/31/2020)
2020-03-2330NOTICE OF SUBSTITUTION OF COUNSEL by Martin M. Tomlinson on behalf of All Defendants Substituting for attorney Peter T. Wechsler (Tomlinson, Martin) (Entered: 03/23/2020)
2020-04-1531NOTICE OF SUPPLEMENTAL AUTHORITY by AMERICAN OVERSIGHT (Attachments: # 1 Exhibit A)(Wood, Hart) (Entered: 04/15/2020)
2020-04-2032ORDER denying without prejudice 22 Motion for Summary Judgment; granting in part and denying without prejudice in part 23 Motion for Summary Judgment. Signed by Judge Colleen Kollar-Kotelly on 4-20-2020. (lcckk3) (Entered: 04/20/2020)
2020-04-2033MEMORANDUM OPINION. Signed by Judge Colleen Kollar-Kotelly on 4-20-2020. (lcckk3) (Entered: 04/20/2020)
2020-05-2934STATUS REPORT on Additional Searches Ordered by the Court by FEDERAL BUREAU OF INVESTIGATION, OFFICE OF MANAGEMENT AND BUDGET, U.S. DEPARTMENT OF JUSTICE, U.S. GENERAL SERVICES ADMINISTRATION. (Tomlinson, Martin) (Entered: 05/29/2020)
2020-06-11MINUTE ORDER. The Court is in receipt of Defendants' 34 Status Report. The Court ORDERS that by JUNE 30, 2020, Defendant confer with Plaintiff regarding the status of additional searches and file a Joint Status Report with the Court providing an update on the status of Defendants' searches and proposing next steps. Signed by Judge Colleen Kollar-Kotelly on 6-11-2020. (lcckk3) (Entered: 06/11/2020)
2020-06-11Set/Reset Deadlines: Joint Status Report due by 6/30/2020. (dot) (Entered: 06/11/2020)
2020-06-3035Joint STATUS REPORT by FEDERAL BUREAU OF INVESTIGATION, OFFICE OF MANAGEMENT AND BUDGET, U.S. DEPARTMENT OF JUSTICE, U.S. GENERAL SERVICES ADMINISTRATION. (Tomlinson, Martin) (Entered: 06/30/2020)
2020-06-30Minute Order. The Court is in receipt of the parties' 35 Joint Status Report. The parties indicate that GSA has completed its additional search but that DOJ, OMB, and FBI require additional time. The Court ORDERS that by JULY 31, 2020, Defendant confer with Plaintiff regarding the status of additional searches and file a Joint Status Report with the Court providing an update on the status of Defendants' searches and proposing next steps. Signed by Judge Colleen Kollar-Kotelly on 6/30/2020. (lcckk3) (Entered: 06/30/2020)
2020-06-30Set/Reset Deadlines: Joint Status Report due by 7/31/2020, update on the status of Defendants' searches and proposing next steps. (dot) (Entered: 07/01/2020)
2020-07-3136Joint STATUS REPORT by FEDERAL BUREAU OF INVESTIGATION, OFFICE OF MANAGEMENT AND BUDGET, U.S. DEPARTMENT OF JUSTICE, U.S. GENERAL SERVICES ADMINISTRATION. (Tomlinson, Martin) (Entered: 07/31/2020)
2020-07-31Minute Order. The Court is in receipt of the parties' 36 Joint Status Report. The parties indicate that GSA, OMB, and DOJ have completed their additional searches and production of documents but that FBI requires additional time. The Court ORDERS that by SEPTEMBER 4, 2020, Defendants confer with Plaintiff regarding the status of additional searches and file a Joint Status Report with the Court providing an update on the status of Defendants' searches and proposing next steps. Signed by Judge Colleen Kollar-Kotelly on 7-31-2020. (lcckk3) (Entered: 07/31/2020)
2020-07-31Set/Reset Deadlines: Joint Status Report due by 9/4/2020, updating the Court on the status of Defendants' searches and proposing next steps. (dot) (Entered: 08/03/2020)
2020-09-0437Joint STATUS REPORT by AMERICAN OVERSIGHT. (Wood, Hart) (Entered: 09/04/2020)
2020-09-04Minute Order. The Court is in receipt of the parties' 37 Joint Status Report. The parties report that all supplemental searches have been completed and all supplemental productions made. The Court ORDERS the parties to file a further Joint Status Report by NOVEMBER 3, 2020, informing the Court that there are no remaining issues to litigate or raising any remaining issues and proposing next steps. Signed by Judge Colleen Kollar-Kotelly on 9-4-2020. (lcckk3) (Entered: 09/04/2020)
2020-09-04Set/Reset Deadlines: Joint Status Report due by 11/3/2020. (dot) (Entered: 09/04/2020)
2020-11-0338Joint STATUS REPORT by FEDERAL BUREAU OF INVESTIGATION, OFFICE OF MANAGEMENT AND BUDGET, U.S. DEPARTMENT OF JUSTICE, U.S. GENERAL SERVICES ADMINISTRATION. (Tomlinson, Martin) (Entered: 11/03/2020)
2020-11-03MINUTE ORDER. The Court is in receipt of the parties' 38 Joint Status Report. The parties report that all supplemental searches have been completed and all supplemental productions made. The parties indicate that they are conferring to resolve outstanding issues. The Court ORDERS the parties to file a further Joint Status Report by JANUARY 4, 2021, informing the Court that there are no remaining issues to litigate or raising any remaining issues and proposing next steps. Signed by Judge Colleen Kollar-Kotelly on 11/3/2020. (lcckk3) (Entered: 11/03/2020)
2020-11-03Set/Reset Deadlines: Joint Status Report due by 1/4/2021, informing the Court that there are no remaining issues to litigate or raising any remaining issues and proposing next steps. (dot) (Entered: 11/03/2020)
2021-01-0439Joint STATUS REPORT by FEDERAL BUREAU OF INVESTIGATION, OFFICE OF MANAGEMENT AND BUDGET, U.S. DEPARTMENT OF JUSTICE, U.S. GENERAL SERVICES ADMINISTRATION. (Tomlinson, Martin) (Entered: 01/04/2021)
2021-01-04MINUTE ORDER. The Court is in receipt of the parties' 39 Joint Status Report. Plaintiff has reviewed Defendants' supplemental productions of records. The parties indicate that they are conferring to resolve outstanding issues. The Court ORDERS the parties to file a further Joint Status Report by MARCH 3, 2021, informing the Court that there are no remaining issues to litigate or raising any remaining issues and proposing next steps. Signed by Judge Colleen Kollar-Kotelly on 1/4/21. (lcckk3) (Entered: 01/04/2021)
2021-01-04Set/Reset Deadlines: Joint Status Report due by 3/3/2021, informing the Court that there are no remaining issues to litigate or raising any remaining issues and proposing next steps. (dot) (Entered: 01/04/2021)
2021-03-0340Joint STATUS REPORT by FEDERAL BUREAU OF INVESTIGATION, OFFICE OF MANAGEMENT AND BUDGET, U.S. DEPARTMENT OF JUSTICE, U.S. GENERAL SERVICES ADMINISTRATION. (Tomlinson, Martin) (Entered: 03/03/2021)
2021-03-03MINUTE ORDER. The Court is in receipt of the parties' 40 Joint Status Report. The parties indicate that they are conferring to resolve outstanding issues. The Court ORDERS the parties to file a further Joint Status Report by APRIL 2, 2021, informing the Court that there are no remaining issues to litigate or raising any remaining issues and proposing next steps. Signed by Judge Colleen Kollar-Kotelly on 3/3/21. (lcckk3) (Entered: 03/03/2021)
2021-03-03Set/Reset Deadlines: Joint Status Report due by 4/2/2021, informing the Court that there are no remaining issues to litigate or raising any remaining issues and proposing next steps. (dot) (Entered: 03/04/2021)
2021-03-1841NOTICE OF SUBSTITUTION OF COUNSEL by Lisa Ann Olson on behalf of FEDERAL BUREAU OF INVESTIGATION, OFFICE OF MANAGEMENT AND BUDGET, U.S. DEPARTMENT OF JUSTICE, U.S. GENERAL SERVICES ADMINISTRATION Substituting for attorney Martin M. Tomlinson (Olson, Lisa) (Entered: 03/18/2021)
2021-03-2442Unopposed MOTION for Extension of Time to File Joint Status Report by FEDERAL BUREAU OF INVESTIGATION, OFFICE OF MANAGEMENT AND BUDGET, U.S. DEPARTMENT OF JUSTICE, U.S. GENERAL SERVICES ADMINISTRATION. (Attachments: # 1 Text of Proposed Order)(Olson, Lisa) (Entered: 03/24/2021)
2021-03-24MINUTE ORDER. The Court is in receipt of Defendants' 42 Unopposed Motion for Extension of Time to File Joint Status Report, in which Defendants seek a 4-day extension of time to file a joint status report in response to the Court's March 3, 2021 Minute Order. Plaintiff does not oppose Defendants' request. The Court hereby GRANTS Defendants' motion and ORDERS the parties to file a joint status report by APRIL 6, 2021 informing the Court that there are no remaining issues to litigate or raising any remaining issues and proposing next steps. Signed by Judge Colleen Kollar-Kotelly on 3/24/21. (lcckk3) (Entered: 03/24/2021)
2021-03-24Set/Reset Deadlines: Joint Status Report due by 4/6/2021 informing the Court that there are no remaining issues to litigate or raising any remaining issues and proposing next steps. (dot) (Entered: 03/24/2021)
2021-04-0643Joint STATUS REPORT by FEDERAL BUREAU OF INVESTIGATION, OFFICE OF MANAGEMENT AND BUDGET, U.S. DEPARTMENT OF JUSTICE, U.S. GENERAL SERVICES ADMINISTRATION. (Olson, Lisa) (Entered: 04/06/2021)
2021-04-06MINUTE ORDER. The Court is in receipt of the parties' 43 Joint Status Report. The parties indicate that they are conferring to resolve outstanding issues. The Court ORDERS the parties to file a further Joint Status Report by MAY 6, 2021, informing the Court that there are no remaining issues to litigate or raising any remaining issues and proposing next steps. Signed by Judge Colleen Kollar-Kotelly on 4/6/21. (lcckk3) (Entered: 04/06/2021)
2021-04-06Set/Reset Deadlines: Joint Status Report due by 5/6/2021, informing the Court that there are no remaining issues to litigate or raising any remaining issues and proposing next steps. (dot) (Entered: 04/06/2021)
2021-05-0644Joint STATUS REPORT by AMERICAN OVERSIGHT. (Wood, Hart) (Entered: 05/06/2021)
2021-05-06MINUTE ORDER. The Court is in receipt of the parties' 44 Joint Status Report. The parties indicate that they are discussing the remaining issue in this case, namely whether the personal notes of GSA and OMB officials are agency records. As proposed by the parties, the Court ORDERS the parties to file a further Joint Status Report by JUNE 7, 2021, informing the Court that there are no remaining issues to litigate or proposing next steps for proceeding in this case, including, if appropriate, a briefing schedule. Signed by Judge Colleen Kollar-Kotelly on 5/6/21. (lcckk3) (Entered: 05/06/2021)
2021-05-06Set/Reset Deadlines: Joint Status Report due by 6/7/2021, informing the Court that there are no remaining issues to litigate or proposing next steps for proceeding in this case, including, if appropriate, a briefing schedule. (dot) (Entered: 05/06/2021)
2021-06-0745Joint STATUS REPORT by AMERICAN OVERSIGHT. (Wood, Hart) (Entered: 06/07/2021)
2021-06-07MINUTE ORDER. The Court is in receipt of the parties' 45 Joint Status Report. The parties indicate that they are discussing the remaining issue in this case, namely whether the personal notes of GSA and OMB officials are agency records. As proposed by the parties, the Court ORDERS the parties to file a further Joint Status Report by JULY 7, 2021, informing the Court that there are no remaining issues to litigate or proposing next steps for proceeding in this case. Signed by Judge Colleen Kollar-Kotelly on 6/7/21. (lcckk3) (Entered: 06/07/2021)
2021-06-07Set/Reset Deadlines: Joint Status Report due by 7/7/2021, informing the Court that there are no remaining issues to litigate or proposing next steps for proceeding in this case. (dot) (Entered: 06/07/2021)
2021-07-0746Joint STATUS REPORT by FEDERAL BUREAU OF INVESTIGATION, OFFICE OF MANAGEMENT AND BUDGET, U.S. DEPARTMENT OF JUSTICE, U.S. GENERAL SERVICES ADMINISTRATION. (Olson, Lisa) (Entered: 07/07/2021)
2021-07-07MINUTE ORDER: The Court is in receipt of the parties' 46 Joint Status Report. The parties indicate that they have reached an agreement in principle as to the personal notes of former officials at GSA and OMB, and they propose filing a status report in 30 days, unless the case is dismissed prior thereto. Accordingly, the Court ORDERS the parties to file a further Joint Status Report by August 6, 2021. Signed by Judge Colleen Kollar-Kotelly on 07/07/2021. (DM) (Entered: 07/07/2021)
2021-08-0647Joint STATUS REPORT by FEDERAL BUREAU OF INVESTIGATION, OFFICE OF MANAGEMENT AND BUDGET, U.S. DEPARTMENT OF JUSTICE, U.S. GENERAL SERVICES ADMINISTRATION. (Olson, Lisa) (Entered: 08/06/2021)
2021-08-06MINUTE ORDER. The Court is in receipt of the parties' 47 Joint Status Report, in which they indicate that the only remaining issue in this case is Plaintiff's demand for attorneys' fees and costs. The parties indicate that they will confer in good faith regarding this issue and propose submitting a further joint status report in 60 days. As proposed by the parties, the Court ORDERS the parties to file a joint status report by OCTOBER 5, 2021, updating the Court about any remaining issues in this case. Signed by Judge Colleen Kollar-Kotelly on 8/6/21. (lcckk3) (Entered: 08/06/2021)
2021-08-06Set/Reset Deadlines: Joint Status Report due by 10/5/2021, updating the Court about any remaining issues in this case. (dot) (Entered: 08/06/2021)
2021-10-0548Joint STATUS REPORT by AMERICAN OVERSIGHT. (Wood, Hart) (Entered: 10/05/2021)
2021-10-05MINUTE ORDER. The Court is in receipt of the parties' 48 Joint Status Report, in which they indicate that the only remaining issue in this case is Plaintiff's demand for attorneys' fees and costs. The parties indicate that they are continuing to confer in good faith regarding this issue and propose submitting a further joint status report in approximately 60 days. The Court ORDERS the parties to file a joint status report by DECEMBER 6, 2021, updating the Court about any remaining issues in this case. Signed by Judge Colleen Kollar-Kotelly on 10/5/2021. (lcckk3) (Entered: 10/05/2021)
2021-10-05Set/Reset Deadlines: Joint Status Report due by 12/6/2021, updating the Court about any remaining issues in this case. (dot) (Entered: 10/06/2021)
2021-12-0649Joint STATUS REPORT by FEDERAL BUREAU OF INVESTIGATION, OFFICE OF MANAGEMENT AND BUDGET, U.S. DEPARTMENT OF JUSTICE, U.S. GENERAL SERVICES ADMINISTRATION. (Olson, Lisa) (Entered: 12/06/2021)
2021-12-06MINUTE ORDER. The Court is in receipt of the parties' 49 Joint Status Report, in which they indicate that the only remaining issue in this case is Plaintiff's demand for attorneys' fees and costs. The parties indicate that they are continuing to confer in good faith regarding this issue and propose submitting a further joint status report by no later than February 4, 2022, informing the Court whether any issues remain. The Court ORDERS the parties to file a joint status report by FEBRUARY 4, 2022, updating the Court about any remaining issues in this case. Signed by Judge Colleen Kollar-Kotelly on 12/6/21. (lcckk3) (Entered: 12/06/2021)
2021-12-06Set/Reset Deadlines: Joint Status Report due by 2/4/2022, updating the Court about any remaining issues in this case. (dot) (Entered: 12/06/2021)
2022-02-0450Joint STATUS REPORT by AMERICAN OVERSIGHT. (Wood, Hart) (Entered: 02/04/2022)
2022-02-04MINUTE ORDER. The Court is in receipt of the parties' 50 Joint Status Report, in which they indicate that the only remaining issue in this case is Plaintiff's demand for attorneys' fees and costs. The parties indicate that they are continuing to confer in good faith regarding this issue and propose submitting a further joint status report by no later than April 5, 2022, informing the Court whether any issues remain. The Court ORDERS the parties to file a joint status report by APRIL 5, 2022, updating the Court about any remaining issues in this case. Signed by Judge Colleen Kollar-Kotelly on 2/4/22. (lcckk3) (Entered: 02/04/2022)
2022-02-04Set/Reset Deadlines: Joint Status Report due by 4/5/2022, informing the Court whether any issues remain. (dot) (Entered: 02/04/2022)
2022-04-0551Joint STATUS REPORT by FEDERAL BUREAU OF INVESTIGATION, OFFICE OF MANAGEMENT AND BUDGET, U.S. DEPARTMENT OF JUSTICE, U.S. GENERAL SERVICES ADMINISTRATION. (Olson, Lisa) (Entered: 04/05/2022)
2022-04-05MINUTE ORDER. The Court is in receipt of the parties' 51 Joint Status Report, in which they indicate that the only remaining issue in this case is Plaintiff's demand for attorneys' fees and costs. As in their previous Joint Status Reports, ECF Nos. 48 , 49 , and 50 , the parties indicate that they are continuing to confer in good faith regarding this issue and propose submitting a further joint status report by no later than June 6, 2022, informing the Court whether any issues remain. The Court ORDERS the parties to file a joint status report by JUNE 6, 2022, updating the Court about any remaining issues in this case. Signed by Judge Colleen Kollar-Kotelly on 4/5/22. (lcckk3) (Entered: 04/05/2022)
2022-04-05Set/Reset Deadlines: Joint Status Report due by 6/6/2022, informing the Court whether any issues remain. (dot) (Entered: 04/05/2022)
2022-04-1152STIPULATION of Dismissal by AMERICAN OVERSIGHT. (Wood, Hart) (Entered: 04/11/2022)
2022-04-1153ORDER of dismissal with prejudice. Signed by Judge Colleen Kollar-Kotelly on 4/11/22. (lcckk3) (Entered: 04/11/2022)
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