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Case TitleASSOCIATED GENERAL CONTRACTORS OF AMERICA, INC. v. OFFICE OF MANAGEMENT AND BUDGET
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2019cv02537
Date Filed2019-08-22
Date ClosedOpen
JudgeJudge Ketanji Brown Jackson
PlaintiffASSOCIATED GENERAL CONTRACTORS OF AMERICA, INC.
Case DescriptionAssociated General Contractors, a trade association of construction companies, submitted a FOIA request to OMB for records concerning the use of project labor agreements under a 2010 executive order. AGC also requested expedited processing, indicating that they disseminated information to the public. The agency acknowledged receipt of the request. After hearing nothing further from the agency, AGC filed an administrative appeal. However, after hearing nothing further from the agency AGC filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Vaughn index, Litigation - Attorney's fees

DefendantOFFICE OF MANAGEMENT AND BUDGET
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
Complaint attachment 7
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2019-08-221COMPLAINT against OFFICE OF MANAGEMENT AND BUDGET ( Filing fee $ 400 receipt number 0090-6337024) filed by ASSOCIATED GENERAL CONTRACTORS OF AMERICA, INC.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Civil Cover Sheet, # 5 Summons, # 6 Summons, # 7 Summons)(Fresco, Leon) Modified docket text on 8/27/2019 (zeg). (Attachment 4 replaced on 8/27/2019) (zeg). (Entered: 08/22/2019)
2019-08-222LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by ASSOCIATED GENERAL CONTRACTORS OF AMERICA, INC. (Fresco, Leon) (Main Document 2 replaced on 8/27/2019) (zeg). (Entered: 08/22/2019)
2019-08-27Case Assigned to Judge Ketanji Brown Jackson. (zeg) (Entered: 08/27/2019)
2019-08-273SUMMONS (3) Issued Electronically as to OFFICE OF MANAGEMENT AND BUDGET, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(zeg) (Entered: 08/27/2019)
2019-08-294GENERAL ORDER AND GUIDELINES APPLICABLE TO FOIA CASES ASSIGNED TO JUDGE KETANJI BROWN JACKSON. The Court will hold the parties and counsel responsible for following these directives, and parties and counsel should pay particular attention to the Court's instructions for processing and production of records, batching motions, and filing exhibits. Failure to adhere to this Order may, when appropriate, result the imposition of sanctions and/or sua sponte denial of non-conforming motions. Signed by Judge Ketanji Brown Jackson on 8/29/2019. (lckbj1) (Entered: 08/29/2019)
2019-09-095ENTERED IN ERROR.....RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. OFFICE OF MANAGEMENT AND BUDGET served on 8/30/2019 (Attachments: # 1 Affidavit)(Fresco, Leon) Modified on 9/9/2019 (jf). (Entered: 09/09/2019)
2019-09-096RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 08/29/2019. (Attachments: # 1 Affidavit)(Fresco, Leon) (Entered: 09/09/2019)
2019-09-097RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 8/29/2019. Answer due for ALL FEDERAL DEFENDANTS by 9/28/2019. (Attachments: # 1 Affidavit)(Fresco, Leon) (Entered: 09/09/2019)
2019-09-09NOTICE OF CORRECTED DOCKET ENTRY: Document No. re 5 Summons Returned Executed as to Federal Defendant was entered in error and counsel was instructed to refile said pleading with corrected affidavit of mailing. (jf) (Entered: 09/09/2019)
2019-09-098NOTICE of Appearance by Marsha Wellknown Yee on behalf of OFFICE OF MANAGEMENT AND BUDGET (Yee, Marsha) (Entered: 09/09/2019)
2019-09-259NOTICE of Intent to File an Answer to the Complaint by OFFICE OF MANAGEMENT AND BUDGET (Yee, Marsha) (Entered: 09/25/2019)
2019-09-3010ANSWER to Complaint by OFFICE OF MANAGEMENT AND BUDGET.(Yee, Marsha) (Entered: 09/30/2019)
2019-10-10MINUTE ORDER. Before the Court in this FOIA case are a complaint and an answer. It is hereby ORDERED that the parties shall review this Court's 4 General Order and Guidelines Applicable to FOIA Cases, and promptly confer and file a joint proposed schedule for disclosure or briefing motions for summary judgment, on or before 10/24/2019. Signed by Judge Ketanji Brown Jackson on 10/10/2019. (jag) (Entered: 10/10/2019)
2019-10-1811NOTICE OF SUBSTITUTION OF COUNSEL by Brian J. Field on behalf of All Defendants Substituting for attorney Marsha Yee (Field, Brian) (Entered: 10/18/2019)
2019-10-2412Joint STATUS REPORT by OFFICE OF MANAGEMENT AND BUDGET. (Field, Brian) (Entered: 10/24/2019)
2019-10-29MINUTE ORDER. In light of the representations in the parties' 12 Joint Status Report, it is hereby ORDERED that, on or before 11/25/2019, the parties shall file a further joint status report, which shall include a proposed schedule for further proceedings if litigation is going to be necessary. Signed by Judge Ketanji Brown Jackson on 10/29/2019. (jag) (Entered: 10/29/2019)
2019-11-2513Joint STATUS REPORT by OFFICE OF MANAGEMENT AND BUDGET. (Field, Brian) (Entered: 11/25/2019)
2019-12-05MINUTE ORDER. It is this Court's practice not to set a summary judgment briefing schedule in a FOIA case until after production of records is complete. Accordingly, it is hereby ORDERED that the parties shall file a further joint status report on or before 1/17/2020, which shall contain a proposed schedule for further proceedings if litigation is going to be necessary. The parties' attention is directed to paragraphs 4(c)(ii) and 5 of the Appendix to this Court's 4 General Order and Guidelines for this Court's practice for briefing summary judgment in FOIA cases. Signed by Judge Ketanji Brown Jackson on 12/5/2019. (jag) (Entered: 12/05/2019)
2020-01-1714Joint STATUS REPORT by OFFICE OF MANAGEMENT AND BUDGET. (Field, Brian) (Entered: 01/17/2020)
2020-01-27MINUTE ORDER. In light of the representations in the parties' 14 Joint Status Report, it is hereby ORDERED that, on or before 2/18/2020, the parties shall file a further joint status report, which shall include a proposed schedule for further proceedings if litigation is going to be necessary. Signed by Judge Ketanji Brown Jackson on 1/27/2020. (jag) (Entered: 01/27/2020)
2020-02-1815Joint STATUS REPORT by OFFICE OF MANAGEMENT AND BUDGET. (Field, Brian) (Entered: 02/18/2020)
2020-02-25MINUTE ORDER. In light of the representations in the parties' 15 Joint Status Report, it is hereby ORDERED that, on or before 3/9/2020, the parties shall file a further joint status report, which shall include a proposed schedule for further proceedings if litigation is going to be necessary. Signed by Judge Ketanji Brown Jackson on 2/25/2020. (jag) (Entered: 02/25/2020)
2020-03-0916Joint STATUS REPORT by OFFICE OF MANAGEMENT AND BUDGET. (Field, Brian) (Entered: 03/09/2020)
2020-03-13MINUTE ORDER. In light of the representations in the parties' 16 Joint Status Report, it is hereby ORDERED that, on or before 4/16/2020, the parties shall file a further joint status report, which shall include a proposed schedule for further proceedings if litigation is going to be necessary. Signed by Judge Ketanji Brown Jackson on 3/13/2020. (jag) (Entered: 03/13/2020)
2020-04-1617Joint STATUS REPORT by OFFICE OF MANAGEMENT AND BUDGET. (Field, Brian) (Entered: 04/16/2020)
2020-04-17MINUTE ORDER. In light of the representations in the parties' 17 Joint Status Report, it is hereby ORDERED that, on or before 6/18/2020, the parties shall file a further joint status report, which shall include a proposed schedule for further proceedings if litigation is going to be necessary. Signed by Judge Ketanji Brown Jackson on 4/17/2020. (jag) (Entered: 04/17/2020)
2020-06-1818Joint STATUS REPORT by OFFICE OF MANAGEMENT AND BUDGET. (Field, Brian) (Entered: 06/18/2020)
2020-06-22MINUTE ORDER. In light of the representations in the parties' 18 Joint Status Report, it is hereby ORDERED that, on or before 7/20/2020, the parties shall file a further joint status report, which shall include a proposed schedule for further proceedings if litigation is going to be necessary. Signed by Judge Ketanji Brown Jackson on 6/22/2020. (jag) (Entered: 06/22/2020)
2020-07-2019Joint STATUS REPORT by OFFICE OF MANAGEMENT AND BUDGET. (Field, Brian) (Entered: 07/20/2020)
2020-07-22MINUTE ORDER. In light of the representations in the parties' 19 Joint Status Report, it is hereby ORDERED that, on or before 8/31/2020, the parties shall file a further joint status report, which shall include a proposed schedule for further proceedings if litigation is going to be necessary. Signed by Judge Ketanji Brown Jackson on 7/22/2020. (jag) (Entered: 07/22/2020)
2020-08-3120Joint STATUS REPORT by OFFICE OF MANAGEMENT AND BUDGET. (Field, Brian) (Entered: 08/31/2020)
2020-09-02MINUTE ORDER. In light of the representations in the parties' 20 Joint Status Report, it is hereby ORDERED that, on or before 10/30/2020, the parties shall file a further joint status report, which shall include a proposed schedule for further proceedings if litigation is going to be necessary. Signed by Judge Ketanji Brown Jackson on 9/2/2020. (jag) (Entered: 09/02/2020)
2020-10-3021Joint STATUS REPORT by OFFICE OF MANAGEMENT AND BUDGET. (Field, Brian) (Entered: 10/30/2020)
2020-12-07MINUTE ORDER. In light of the representations in the parties' [21 Joint Status Report, it is hereby ORDERED that, on or before 12/30/2020, the parties shall file a further joint status report, which shall include a proposed schedule for further proceedings if litigation is going to be necessary. Signed by Judge Ketanji Brown Jackson on 12/7/2020. (jag) (Entered: 12/07/2020)
2020-12-2322Joint STATUS REPORT by OFFICE OF MANAGEMENT AND BUDGET. (Field, Brian) (Entered: 12/23/2020)
2020-12-29MINUTE ORDER. In light of the representations in the parties' 22 Joint Status Report, it is hereby ORDERED that, on or before 1/28/2021, the parties shall file a further joint status report, which shall include a proposed schedule for further proceedings if litigation is going to be necessary. Signed by Judge Ketanji Brown Jackson on 12/29/2020. (jag) (Entered: 12/29/2020)
2021-01-2823Joint STATUS REPORT by OFFICE OF MANAGEMENT AND BUDGET. (Field, Brian) (Entered: 01/28/2021)
2021-02-16MINUTE ORDER. In light of the representations in the parties' 23 Joint Status Report, it is hereby ORDERED that, on or before 3/1/2021, the parties shall file a further joint status report, which shall include a proposed schedule for further proceedings if litigation is going to be necessary. Signed by Judge Ketanji Brown Jackson on 2/16/2021. (jag) (Entered: 02/16/2021)
2021-03-0124Joint STATUS REPORT by OFFICE OF MANAGEMENT AND BUDGET. (Field, Brian) (Entered: 03/01/2021)
2021-03-03MINUTE ORDER. In light of the representations in the parties' 24 Joint Status Report, it is hereby ORDERED that, on or before 4/1/2021, the parties shall file a further joint status report, which shall include a proposed schedule for further proceedings if litigation is going to be necessary. Signed by Judge Ketanji Brown Jackson on 3/3/2021. (jag) (Entered: 03/03/2021)
2021-03-2425STIPULATION of Dismissal by OFFICE OF MANAGEMENT AND BUDGET. (Field, Brian) (Entered: 03/24/2021)
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