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Case TitleBEST v. DEPARTMENT OF JUSTICE
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2019cv00256
Date Filed2019-01-30
Date Closed2020-11-02
JudgeJudge Colleen Kollar-Kotelly
PlaintiffEMMA BEST
Case DescriptionEmma Best, a freelance writer, submitted a FOIA request to the FBI for records concerning the Church Committee. She also requested a fee waiver. The agency acknowledged receipt of the request. The FBI disclosed 123 pages that had been previously processed. Best filed an administrative appeal with the Office of Information Policy, which remanded her request to the FBI to search for further responsive records. The FBI told Best that it had located 18,615 potentially responsive records, which would cost $565 if disclosed fully. The FBI then told Best that it had denied her fee waiver. Best submitted a second FOIA request to the FBI for records concerning the Pike Committee. The FBI acknowledged receipt of that request. After hearing nothing further from the agency concerning either request, Best filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees, Adequacy - Search

DefendantDEPARTMENT OF JUSTICE
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

2019-01-301COMPLAINT against DEPARTMENT OF JUSTICE ( Filing fee $ 400 receipt number 0090-5917412) filed by EMMA BEST. (Attachments: # 1 Civil Cover Sheet, # 2 Summons DOJ, # 3 Summons USADC, # 4 Summons USAG)(Moss, Bradley) (Entered: 01/30/2019)
2019-01-31Case Assigned to Judge Colleen Kollar-Kotelly. (zef, ) (Entered: 01/31/2019)
2019-01-312SUMMONS (3) Issued Electronically as to DEPARTMENT OF JUSTICE, U.S. Attorney and U.S. Attorney General. (Attachments: # 1 Notice and Consent)(zef, ) (Entered: 01/31/2019)
2019-02-073ORDER ESTABLISHING PROCEDURES FOR CASES ASSIGNED TO JUDGE COLLEEN KOLLAR-KOTELLY. Signed by Judge Colleen Kollar-Kotelly on 02/7/19. (DM) (Entered: 02/07/2019)
2019-02-084NOTICE of Appearance by Paul Cirino on behalf of DEPARTMENT OF JUSTICE (Cirino, Paul) (Entered: 02/08/2019)
2019-02-255RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. DEPARTMENT OF JUSTICE served on 2/4/2019 (Attachments: # 1 Exhibit DOJ receipt)(Moss, Bradley) (Entered: 02/25/2019)
2019-02-256RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 02/04/2019. (Attachments: # 1 Exhibit USAG receipt)(Moss, Bradley) (Entered: 02/25/2019)
2019-02-257RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 2/4/2019. Answer due for ALL FEDERAL DEFENDANTS by 3/6/2019. (Attachments: # 1 Exhibit USADC receipt)(Moss, Bradley) (Entered: 02/25/2019)
2019-03-068ANSWER to Complaint by DEPARTMENT OF JUSTICE.(Cirino, Paul) (Entered: 03/06/2019)
2019-03-079ORDER. The parties shall file the schedule not later than APRIL 6, 2019 . Signed by Judge Colleen Kollar-Kotelly on March 7, 2019. (lcckk1) (Entered: 03/07/2019)
2019-03-07Set/Reset Deadlines: The parties shall file the schedule not later than 4/6/2019. (dot) (Entered: 03/08/2019)
2019-04-0510Joint STATUS REPORT by DEPARTMENT OF JUSTICE. (Cirino, Paul) (Entered: 04/05/2019)
2019-04-08MINUTE ORDER: The Court has received the parties' 10 Joint Status Report, which discusses the large volume of potentially responsive records in this matter, the parties' efforts to "refine or narrow" the scope, and Plaintiff's request for a fee waiver. Accordingly, the Court shall adopt the parties' proposal that they submit a further Joint Status Report by MAY 6, 2019 . That Report shall identify the status of Defendant's search and such further matters, including a proposed briefing schedule, as the parties see fit to include. The parties shall submit a further Joint Status Report no later than every thirty days thereafter, unless and until the Court orders otherwise. Signed by Judge Colleen Kollar-Kotelly on April 8, 2019. (lcckk1) (Entered: 04/08/2019)
2019-04-08Set/Reset Deadlines: Joint Status Report due by 5/6/2019. (dot) (Entered: 04/08/2019)
2019-05-0611Joint STATUS REPORT by DEPARTMENT OF JUSTICE. (Cirino, Paul) (Entered: 05/06/2019)
2019-05-08MINUTE ORDER: The Court has received the parties' 11 Joint Status Report, which discusses Defendant's further progress in search and review of documents and anticipates identifying a proposed production schedule shortly. In light of the forthcoming proceedings, the Court shall adjust its timeline for rolling Joint Status Reports and shall adopt the parties' proposal that they submit a further Joint Status Report by JUNE 19, 2019 . That Report shall identify the status of Defendant's search, Defendant's proposed production schedule, and such further matters as the parties see fit to include. The parties shall submit a further Joint Status Report no later than every thirty days thereafter, unless and until the Court orders otherwise. Signed by Judge Colleen Kollar-Kotelly on May 8, 2019. (lcckk1) (Entered: 05/08/2019)
2019-05-08Set/Reset Deadlines: Joint Status Report due by 6/19/2019. That Report shall identify the status of Defendant's search, Defendant's proposed production schedule, and such further matters as the parties see fit to include. (dot) (Entered: 05/10/2019)
2019-06-1912Joint STATUS REPORT by DEPARTMENT OF JUSTICE. (Cirino, Paul) (Entered: 06/19/2019)
2019-06-24MINUTE ORDER: The Court has received the parties' 12 Joint Status Report, which identifies Defendant's further progress in review and production of documents. In light of forthcoming proceedings, the Court shall adopt the parties' proposal that they submit a further Joint Status Report by no later than AUGUST 19, 2019 . That report shall confirm whether Defendant has completed its production and identify a proposed briefing schedule, if necessary. Signed by Judge Colleen Kollar-Kotelly on June 24, 2019. (lcckk1) (Entered: 06/24/2019)
2019-06-24Set/Reset Deadlines: Joint Status Report due by 8/19/2019. (dot) (Entered: 06/24/2019)
2019-08-1513Joint STATUS REPORT by DEPARTMENT OF JUSTICE. (Cirino, Paul) (Entered: 08/15/2019)
2019-08-16MINUTE ORDER: The Court has received the parties' 13 Joint Status Report, which identifies Defendant's further progress in review and production of documents. The Court shall adopt the parties' proposal that they submit a further Joint Status Report by no later than SEPTEMBER 30, 2019 . That report shall confirm whether Defendant has completed its production and identify a proposed briefing schedule, if necessary. The parties shall submit a further Joint Status Report no later than every forty-five days thereafter, unless and until the Court orders otherwise. Signed by Judge Colleen Kollar-Kotelly on August 16, 2019. (lcckk1) (Entered: 08/16/2019)
2019-08-16Set/Reset Deadlines: Joint Status Report due by 9/30/2019. (kt) (Entered: 08/16/2019)
2019-09-3014Joint STATUS REPORT by DEPARTMENT OF JUSTICE. (Cirino, Paul) (Entered: 09/30/2019)
2019-11-1515Joint STATUS REPORT by DEPARTMENT OF JUSTICE. (Cirino, Paul) (Entered: 11/15/2019)
2019-11-19MINUTE ORDER: The Court has received the parties' 15 Joint Status Report, which identifies Defendant's further progress in review and production of documents. The Court shall adopt the parties' proposal that they submit a further Joint Status Report by no later than JANUARY 15, 2020 . Subsequently, the parties shall resume submitting a further Joint Status Report no later than every forty-five days thereafter, unless and until the Court orders otherwise. Signed by Judge Colleen Kollar-Kotelly on November 19, 2019. (lccck1) (Entered: 11/19/2019)
2019-11-19Set/Reset Deadlines: Joint Status Report due by 1/15/2020. (dot) (Entered: 11/20/2019)
2020-01-1516Joint STATUS REPORT by DEPARTMENT OF JUSTICE. (Cirino, Paul) (Entered: 01/15/2020)
2020-01-17MINUTE ORDER: The Court has received the parties' 16 Joint Status Report, which indicates that Plaintiff and Defendant are still conferring regarding Defendant's productions and redactions. Accordingly, the Court ADOPTS the parties' proposal that they submit by no later than FEBRUARY 5, 2020 a further Joint Status Report regarding this action and proposing a briefing schedule if necessary. Signed by Judge Colleen Kollar-Kotelly on January 17, 2020. (lccck1) (Entered: 01/17/2020)
2020-01-17Set/Reset Deadlines: Joint Status Report due by 2/5/2020. (dot) (Entered: 02/03/2020)
2020-02-0517Joint STATUS REPORT by DEPARTMENT OF JUSTICE. (Cirino, Paul) (Entered: 02/05/2020)
2020-02-06MINUTE ORDER: The Court has received the parties' 17 Joint Status Report, which indicates that Plaintiff intends to challenge Defendant's reliance on certain exemptions. Accordingly, with the parties' consent, the Court ADOPTS the briefing schedule proposed by the parties. The parties shall therefore adhere to the following briefing schedule: Defendant shall file any Motion for Summary Judgment by no later than MAY 5, 2020 ; Plaintiff shall file any Cross-Motion for Summary Judgment and any Opposition to Defendant's Motion by no later than JUNE 19, 2020 ; Defendant shall file any Opposition to Plaintiff's Motion and any Reply in Support of its Motion for Summary Judgment by no later than AUGUST 3, 2020 ; and Plaintiff shall file any Reply in Support of her Cross-Motion for Summary Judgment by no later than AUGUST 24, 2020 . Signed by Judge Colleen Kollar-Kotelly on February 6, 2020. (lccck1) (Entered: 02/06/2020)
2020-02-06Set/Reset Deadlines: Plaintiff's Cross Motion due by 6/19/2020. Response to Cross Motion due by 8/3/2020. Reply to Cross Motion due by 8/24/2020. Defendant's Summary Judgment Motion due by 5/5/2020. Response to Motion for Summary Judgment due by 6/19/2020. Reply to Motion for Summary Judgment due by 8/3/2020. (dot) (Entered: 02/07/2020)
2020-04-1518Consent MOTION to Vacate Briefing Schedule by DEPARTMENT OF JUSTICE (Attachments: # 1 Declaration of Michael G. Seidel, # 2 Text of Proposed Order)(Cirino, Paul) (Entered: 04/15/2020)
2020-04-16MINUTE ORDER: The Court has received Defendant's 18 Consent Motion to Vacate Briefing Schedule. The Court previously set a summary judgment briefing schedule on February 6, 2020. Since that date, however, new circumstances have arisen as a result of the COVID-19 pandemic. In particular, the Record/Information Dissemination Section ("RIDS") primarily responsible for processing and producing responsive records to Plaintiff has sent many of its employees home as of March 17, 2020 without the capability for telework. As a result, RIDS cannot prepare the Declaration and Vaughn Index that are necessary for Defendant's Motion for Summary Judgment. Defendant therefore requests that this Court vacate the summary judgment briefing schedule. Defendant indicates that Plaintiff does not oppose the requested relief. Accordingly, this Court GRANTS Defendant's Motion and VACATES the summary judgment briefing schedule set in its February 6, 2020 Minute Order. The parties shall submit a Joint Status Report by no later than MAY 15, 2020 updating the Court on the status of RIDS, containing any other relevant updates, and proposing a schedule for further proceedings as appropriate. The Court may require additional joint status reports from the parties until a new summary judgment briefing schedule can be set. Signed by Judge Colleen Kollar-Kotelly on April 16, 2020. (lccck1) (Entered: 04/16/2020)
2020-05-1519Joint STATUS REPORT by DEPARTMENT OF JUSTICE. (Attachments: # 1 Declaration of David M. Hardy)(Cirino, Paul) (Entered: 05/15/2020)
2020-05-18MINUTE ORDER: The Court has received the parties' 19 Joint Status Report. The parties indicate that the Record/Information Dissemination Section ("RIDS") has returned to work, but in a limited fashion, with only one-third of personnel working at a time to maximize social distancing. As a result of such restrictions, Defendant cannot determine when it will be able to prepare the Declaration and Vaughn index for its motion for summary judgment in this case. Accordingly, the Court ADOPTS the parties' suggestion that the parties further meet and confer and file a Joint Status Report on or before JUNE 13, 2020 updating the Court on the status of RIDS, containing any other relevant updates, and proposing a schedule for further proceedings as appropriate. The Court may require additional joint status reports from the parties until a new summary judgment briefing schedule can be set. Signed by Judge Colleen Kollar-Kotelly on May 18, 2020. (lccck1) (Entered: 05/18/2020)
2020-05-18Set/Reset Deadlines: Joint Meet & Confer Statement due by 6/13/2020, updating the Court on the status of RIDS, containing any other relevant updates, and proposing a schedule for further proceedings as appropriate. (dot) (Entered: 05/18/2020)
2020-06-1220Joint STATUS REPORT by DEPARTMENT OF JUSTICE. (Cirino, Paul) (Entered: 06/12/2020)
2020-06-16MINUTE ORDER: The Court has received the parties' 20 Joint Status Report, which indicates that the parties have narrowed the issues that will be briefed in relation to their dispositive motions. It also indicates that Defendant anticipates that it will be able to file a Motion for Summary Judgment with a Declaration and Vaughn Index by September 1, 2020, although that date may be impacted by further COVID-19-related complications that could arise. Accordingly, the Court ADOPTS the parties' proposed briefing schedule: Defendant shall file its Motion for Summary Judgment by no later than SEPTEMBER 1, 2020; Plaintiff shall file any Cross-Motion for Summary Judgment and any Opposition to Defendants Motion for Summary Judgment by OCTOBER 1, 2020; Defendant shall file any Opposition to Plaintiffs Cross-Motion and any Reply in Support of its Motion for Summary Judgment by no later than NOVEMBER 2, 2020; and Plaintiff shall file any Reply in Support of its Cross-Motion for Summary Judgment by no later than DECEMBER 1, 2020. Signed by Judge Colleen Kollar-Kotelly on June 16, 2020. (lccck1) (Entered: 06/16/2020)
2020-06-16Set/Reset Deadlines: Plaintiff's Cross Motion due by 10/1/2020. Response to Cross Motion due by 11/2/2020. Reply to Cross Motion due by 12/1/2020. Defendant's Summary Judgment Motion due by 9/1/2020. Response to Motion for Summary Judgment due by 10/1/2020. Reply to Motion for Summary Judgment due by 11/2/2020. Defendant's Vaughn Index due by 9/1/2020. (dot) (Entered: 06/16/2020)
2020-08-2121NOTICE OF SUBSTITUTION OF COUNSEL by Kathleene A. Molen on behalf of DEPARTMENT OF JUSTICE Substituting for attorney Paul Cirino (Molen, Kathleene) (Entered: 08/21/2020)
2020-09-0122MOTION for Summary Judgment by DEPARTMENT OF JUSTICE (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Declaration Second Declaration of Michael G. Seidel, # 4 Exhibit A, # 5 Exhibit B, # 6 Exhibit C, # 7 Exhibit D, # 8 Exhibit E, # 9 Exhibit F, # 10 Exhibit G, # 11 Exhibit H, # 12 Exhibit I, # 13 Exhibit J, # 14 Exhibit K, # 15 Exhibit L, # 16 Exhibit M, # 17 Exhibit N, # 18 Exhibit O, # 19 Exhibit P, # 20 Exhibit Q, # 21 Text of Proposed Order, # 22 Vaughn Inedex - Ex Q)(Molen, Kathleene) (Entered: 09/01/2020)
2020-09-3023Unopposed MOTION Modification to Existing Briefing Schedule by EMMA BEST (Attachments: # 1 Text of Proposed Order)(Moss, Bradley) Modified event on 10/2/2020 (znmw). (Entered: 09/30/2020)
2020-10-0124ORDER granting 23 Motion. Signed by Judge Colleen Kollar-Kotelly on October 1, 2020. (lcckk1) (Entered: 10/01/2020)
2020-10-01Set/Reset Deadlines: Plaintiff's Response to 22 Motion for Summary Judgment due by 10/22/2020. Defendant's Reply to 22 Motion for Summary Judgment due by 12/7/2020. (dot) (Entered: 10/02/2020)
2020-10-2225NOTICE of Concession by EMMA BEST (Moss, Bradley) (Entered: 10/22/2020)
2020-10-2226ORDER granting 22 Motion for Summary Judgment. Signed by Judge Colleen Kollar-Kotelly on October 22, 2020. (lcckk1) (Entered: 10/22/2020)
2020-11-02MINUTE ORDER: Pursuant to the Court's 26 Order, this case is hereby DISMISSED WITH PREJUDICE. Signed by Judge Colleen Kollar-Kotelly on November 2, 2020. (lcckk1) (Entered: 11/02/2020)
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