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Case TitleSOLOMON v. U.S. DEPARTMENT OF STATE
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2020cv00132
Date Filed2020-01-17
Date Closed2021-04-09
JudgeJudge Randolph D. Moss
PlaintiffJOHN SOLOMON
Case DescriptionJournalist John Solomon submitted a FOIA request to the Department of State for records concerning contacts by former U.S. Ambassador to Ukraine Marie Yovanovich and Ukraine Prosecutor General Yuriy Lutsenko. Solomon also requested expedited processing and a fee waiver. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Solomon filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Vaughn index, Litigation - Attorney's fees

DefendantDEPARTMENT OF STATE
Office of the Legal Adviser
600 19th Street, NW
Suite 5.600
Washington, DC 20522
DefendantU.S. DEPARTMENT OF STATE
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

2020-01-171COMPLAINT against All Defendants ( Filing fee $ 400 receipt number ADCDC-6742857) filed by JOHN SOLOMON. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons, # 4 Summons)(Gustafson, Adam) (Entered: 01/17/2020)
2020-01-172MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Kimberly S. Hermann, Filing fee $ 100, receipt number ADCDC-6742912. Fee Status: Fee Paid. by JOHN SOLOMON (Attachments: # 1 Affidavit, # 2 Text of Proposed Order)(Gustafson, Adam) (Entered: 01/17/2020)
2020-01-213CERTIFICATE OF SERVICE by JOHN SOLOMON re 2 MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Kimberly S. Hermann, Filing fee $ 100, receipt number ADCDC-6742912. Fee Status: Fee Paid. . (Gustafson, Adam) (Entered: 01/21/2020)
2020-01-21Case assigned to Judge Randolph D. Moss. (zmc) (Entered: 01/21/2020)
2020-01-214SUMMONS (3) Issued Electronically as to U.S. DEPARTMENT OF STATE, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(zmc) (Entered: 01/21/2020)
2020-01-21MINUTE ORDER: Upon consideration of Plaintiff's motion for admission pro hac vice, Dkt. 2, it is hereby ORDERED that the motion is GRANTED. Kimberley S. Hermann is hereby granted leave to appear pro hac vice in this case. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). Click for instructions . Signed by Judge Randolph D. Moss on 1/21/20. (lcrdm1) Modified on 1/21/2020 to correct grammar typo (kt). (Entered: 01/21/2020)
2020-01-215STANDING ORDER: The parties are hereby ORDERED to comply with the directives set forth in the attached Standing Order. See document for details. Signed by Judge Randolph D. Moss on 1/21/20. (lcrdm1) (Entered: 01/21/2020)
2020-01-226ENTERED IN ERROR. . . . .NOTICE of Appearance by Adam R.F. Gustafson on behalf of JOHN SOLOMON (Gustafson, Adam) Modified on 1/22/2020 (ztd). (Entered: 01/22/2020)
2020-01-22NOTICE OF ERROR re 6 Notice of Appearance; emailed to gustafson@boydengrayassociates.com, cc'd 0 associated attorneys -- The PDF file you docketed contained errors: 1. Please refile document, 2. Counsel can not file an appearance on behalf of other counsel. (ztd, ) (Entered: 01/22/2020)
2020-01-237NOTICE of Appearance by Kimberly S. Hermann on behalf of JOHN SOLOMON (Hermann, Kimberly) (Entered: 01/23/2020)
2020-02-138RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 1/27/2020. Answer due for ALL FEDERAL DEFENDANTS by 2/26/2020. (Attachments: # 1 Exhibit Proof of Service to Department of State, # 2 Exhibit Proof of Service to U.S. Attorney General, # 3 Exhibit Proof of Service to U.S. Attorney for D.C.)(Hermann, Kimberly) (Entered: 02/13/2020)
2020-02-139RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF STATE served on 1/27/2020, RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 1/27/2020. (ztd); (See docket entry no. 8 to view.) (Entered: 02/14/2020)
2020-02-14NOTICE OF ERROR re 8 Summons Returned Executed in FOIA as to U.S. Attorney; emailed to khermann@southeasternlegal.org, cc'd 2 associated attorneys -- The PDF file you docketed contained errors: 1. Counsel is reminded to select all reliefs that apply to filing(s). The correction has been made by the Court. (ztd, ) (Entered: 02/14/2020)
2020-02-2610NOTICE of Appearance by Liam Holland on behalf of All Defendants (Holland, Liam) (Entered: 02/26/2020)
2020-02-2611ANSWER to Complaint by U.S. DEPARTMENT OF STATE.(Holland, Liam) (Entered: 02/26/2020)
2020-03-02MINUTE ORDER: It is hereby ORDERED that, on or before April 1, 2020, the parties shall confer and file a joint status report addressing (1) any documents still to be produced pursuant to FOIA; (2) an anticipated schedule for processing and producing any such documents; and (3) any substantive areas of disagreement between the parties. It is further ORDERED that the parties shall appear for an initial FOIA scheduling conference on April 13, 2020 at 12:30 p.m. Signed by Judge Randolph D. Moss on 3/2/20. (lcrdm1) (Entered: 03/02/2020)
2020-03-02Set/Reset Deadlines/Hearings: Status Report due by 4/1/2020. Initial Scheduling Conference set for 4/13/2020, at 12:30 PM, in Courtroom 21, before Judge Randolph D. Moss. (kt) (Entered: 03/02/2020)
2020-03-0512Joint MOTION to Continue Initial Scheduling Conference by U.S. DEPARTMENT OF STATE (Attachments: # 1 Text of Proposed Order)(Holland, Liam); Modified text and relief on 3/5/2020 (ztth). (Entered: 03/05/2020)
2020-03-06MINUTE ORDER: Upon consideration of the parties' joint motion to reschedule initial scheduling conference, Dkt. 12 , it is hereby ORDERED that the initial scheduling conference originally scheduled for April 13, 2020 is hereby VACATED and RESCHEDULED for April 15, 2020 at 2:00 p.m. Signed by Judge Randolph D. Moss on 3/6/20. (lcrdm1) (Entered: 03/06/2020)
2020-03-2513Unopposed MOTION to Stay Proceedings for 60 days by U.S. DEPARTMENT OF STATE (Attachments: # 1 Declaration of Eric F. Stein, # 2 Text of Proposed Order)(Holland, Liam). Added MOTION for Extension of Time on 3/26/2020 (ztd). (Entered: 03/25/2020)
2020-03-26MINUTE ORDER: Upon consideration of Defendant's unopposed motion for a stay and extension, Dkt. 13 , it is hereby ORDERED that the motion is GRANTED. It is further ORDERED that the case is STAYED until May 25, 2020. It is further ORDERED that, on or before May 25, 2020, the parties shall file the status report originally due on April 1, 2020. It is further ORDERED that the initial scheduling conference scheduled for April 15, 2020 is hereby VACATED and RESCHEDULED for May 29, 2020 at 11:00 a.m. in Courtroom 21 before Judge Randolph D. Moss. Signed by Judge Randolph D. Moss on 3/26/2020. (lcrdm1) (Entered: 03/26/2020)
2020-03-26Set/Reset Deadlines: Joint Status Report due by 4/1/2020. (kt) (Entered: 03/26/2020)
2020-03-2714NOTICE of Appearance by James Ryan Conde on behalf of JOHN SOLOMON (Conde, James) (Entered: 03/27/2020)
2020-03-2715NOTICE OF WITHDRAWAL OF APPEARANCE as to JOHN SOLOMON. Attorney Adam R.F. Gustafson terminated. (Gustafson, Adam) (Entered: 03/27/2020)
2020-05-15MINUTE ORDER: It is hereby ORDERED that the initial scheduling conference scheduled for May 29, 2020 is hereby VACATED and RESCHEDULED for June 4, 2020 at 11:00 a.m. It is further ORDERED that, due to the current public health emergency, the initial scheduling conference shall be conducted telephonically. Signed by Judge Randolph D. Moss on 5/15/2020. (lcrdm1) (Entered: 05/15/2020)
2020-05-2616Joint STATUS REPORT by U.S. DEPARTMENT OF STATE. (Attachments: # 1 Text of Proposed Order)(Holland, Liam) (Entered: 05/26/2020)
2020-05-30MINUTE ORDER: It is hereby ORDERED that the initial scheduling conference scheduled for June 4, 2020 is hereby VACATED and RESCHEDULED for June 2, 2020 at 9:30 a.m. Signed by Judge Randolph D. Moss on 5/30/2020. (lcrdm1) (Entered: 05/30/2020)
2020-06-01Set/Reset Hearings: The Telephonic Initial Scheduling Conference set for 6/4/2020 is VACATED and RESCHEDULED for 6/2/2020, at 9:30 AM, before Judge Randolph D. Moss. (kt) (Entered: 06/01/2020)
2020-06-02Minute Entry for proceedings held before Judge Randolph D. Moss: Telephonic Initial Scheduling Conference held on 6/2/2020. The parties, and the Court, appeared via telephone. The parties shall file a Joint Status Report by 6/25/2020, indicating the processing schedule and proposing a date for the next joint status report. (Court Reporter: Jeff Hook.) (kt) (Entered: 06/02/2020)
2020-06-2517Joint STATUS REPORT by U.S. DEPARTMENT OF STATE. (Holland, Liam) (Entered: 06/25/2020)
2020-06-26MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 17 , it is hereby ORDERED that they shall submit a further joint status report on or before August 3, 2020. Signed by Judge Randolph D. Moss on 6/26/2020. (lcrdm1) (Entered: 06/26/2020)
2020-08-0318Joint STATUS REPORT by U.S. DEPARTMENT OF STATE. (Holland, Liam) (Entered: 08/03/2020)
2020-08-04MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 18 , it is hereby ORDERED that the parties shall file a further joint status report on or before October 2, 2020. Signed by Judge Randolph D. Moss on 8/4/2020. (lcrdm1) (Entered: 08/04/2020)
2020-10-0219Joint STATUS REPORT by U.S. DEPARTMENT OF STATE. (Holland, Liam) (Entered: 10/02/2020)
2020-10-04MINUTE ORDER: Upon consideration of Parties' joint status report, it is hereby ORDERED that Parties file a further joint status report on or before December 4, 2020. Signed by Judge Randolph D. Moss on 10/04/2020. (lcrdm1) (Entered: 10/04/2020)
2020-12-0420Joint STATUS REPORT by U.S. DEPARTMENT OF STATE. (Holland, Liam) (Entered: 12/04/2020)
2020-12-07MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 20 , it is hereby ORDERED that the parties shall file a further joint status report on or before February 2, 2021. Signed by Judge Randolph D. Moss on 12/07/2020. (lcrdm1) (Entered: 12/07/2020)
2021-02-0221Joint STATUS REPORT by U.S. DEPARTMENT OF STATE. (Holland, Liam) (Entered: 02/02/2021)
2021-02-04MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 21 , it is hereby ORDERED that the parties shall file a further joint status report on or before March 19, 2021. Signed by Judge Randolph D. Moss on 02/04/2021. (lcrdm1) (Entered: 02/04/2021)
2021-03-1922Joint STATUS REPORT by U.S. DEPARTMENT OF STATE. (Holland, Liam) (Entered: 03/19/2021)
2021-04-06MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 22 , it is hereby ORDERED that the parties shall file a further joint status report on or before April 9, 2021. Signed by Judge Randolph D. Moss on 04/06/2021. (lcrdm1) (Entered: 04/06/2021)
2021-04-0923Unopposed MOTION to Dismiss by JOHN SOLOMON. (Attachments: # 1 Text of Proposed Order)(Hermann, Kimberly) (Entered: 04/09/2021)
2021-04-0924Joint STATUS REPORT by U.S. DEPARTMENT OF STATE. (Holland, Liam) (Entered: 04/09/2021)
2021-04-09MINUTE ORDER: Upon consideration of Plaintiff's unopposed motion for dismissal with prejudice, Dkt. 23 , it is hereby ORDERED that the motion is GRANTED. The case is DISMISSED with prejudice pursuant to Federal Rule of Civil Procedure 41(a). The Clerk of Court is directed to terminate this case. Signed by Judge Randolph D. Moss on 04/09/2021. (lcrdm1) (Entered: 04/09/2021)
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