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Case TitleWP COMPANY LLC v. U.S. DEPARTMENT OF HOMELAND SECURITY et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2020cv01487
Date Filed2020-06-05
Date Closed2023-02-06
JudgeJudge Trevor N. McFadden
PlaintiffWP COMPANY LLC
doing business as WASHINGTON POST
Case DescriptionThe Washington Post submitted 11 FOIA requests to the U.S. Secret Service for records concerning costs incurred in protecting the Trump family or its properties. The agency acknowledged receipt of the requests. The Washington Post also submitted 8 FOIA requests to the Department of State for records concerning costs incurred by the agency in staying at various Trump international hotels. The agency acknowledged receipt of those requests. After hearing nothing further from either agency pertaining to any of the requests, the Washington Post filed suit.
Complaint issues: Litigation - Attorney's fees, Failure to respond within statutory time limit

DefendantU.S. DEPARTMENT OF HOMELAND SECURITY
DefendantDEPARTMENT OF HOMELAND SECURITY
DefendantU.S. DEPARTMENT OF STATE
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
Complaint attachment 7
Complaint attachment 8
Complaint attachment 9
Complaint attachment 10
Complaint attachment 11
Complaint attachment 12
Complaint attachment 13
Complaint attachment 14
Complaint attachment 15
Complaint attachment 16
Complaint attachment 17
Complaint attachment 18
Complaint attachment 19
Complaint attachment 20
Complaint attachment 21
Complaint attachment 22
Complaint attachment 23
Opinion/Order [44]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2020-06-051COMPLAINT against U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. DEPARTMENT OF STATE ( Filing fee $ 400 receipt number ADCDC-7200402) filed by WP COMPANY LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P, # 17 Exhibit Q, # 18 Exhibit R, # 19 Exhibit S, # 20 Civil Cover Sheet, # 21 Summons to Dep't of Homeland Security, # 22 Summons to Dep't of State, # 23 Summons to US Attorney)(Tobin, Charles) (Entered: 06/05/2020)
2020-06-052LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by WP COMPANY LLC (Tobin, Charles) (Entered: 06/05/2020)
2020-06-05Case assigned to Judge Trevor N. McFadden. (zmc) (Entered: 06/05/2020)
2020-06-053SUMMONS (3) Issued Electronically as to U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. DEPARTMENT OF STATE, U.S. Attorney (Attachment: # 1 Notice and Consent)(zmc) (Entered: 06/05/2020)
2020-06-084STANDING ORDER Establishing Procedures for Cases Before Judge Trevor N. McFadden. The parties are hereby ORDERED to read and comply with the directives in the attached standing order. Signed by Judge Trevor N. McFadden on 6/8/2020. (lctnm3) (Entered: 06/08/2020)
2020-06-085ENTERED IN ERROR.....REQUEST FOR SUMMONS TO ISSUE to US Attorney General re 1 Complaint,, filed by WP COMPANY LLC. Related document: 1 Complaint,, filed by WP COMPANY LLC.(Tobin, Charles) Modified on 6/9/2020 (eg). (Entered: 06/08/2020)
2020-06-09NOTICE OF CORRECTED DOCKET ENTRY: re 5 Request for Summons to Issue was entered in error and counsel was instructed to refile said pleading with an unsigned/new summons. (eg) (Entered: 06/09/2020)
2020-06-096REQUEST FOR SUMMONS TO ISSUE to US Attorney General re 1 Complaint,, Notice of Corrected Docket Entry filed by WP COMPANY LLC. Related document: 1 Complaint,, filed by WP COMPANY LLC, Notice of Corrected Docket Entry.(Tobin, Charles) (Entered: 06/09/2020)
2020-06-097SUMMONS (1) Issued Electronically as to U.S. Attorney General (Attachment: # 1 Notice and Consent)(eg) (Entered: 06/09/2020)
2020-06-118RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 6/8/2020. Answer due for ALL FEDERAL DEFENDANTS by 7/8/2020. (Tobin, Charles) (Entered: 06/11/2020)
2020-07-069RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF STATE served on 6/16/2020 (Tobin, Charles) (Entered: 07/06/2020)
2020-07-0810NOTICE of Appearance by Jane M. Lyons on behalf of All Defendants (Lyons, Jane) (Entered: 07/08/2020)
2020-07-0811ANSWER to Complaint by U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. DEPARTMENT OF STATE. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Lyons, Jane) (Entered: 07/08/2020)
2020-07-08MINUTE ORDER. Before the Court are a Complaint and an Answer in this FOIA case. It is hereby ORDERED that the parties shall meet and confer and file a Joint Status Report proposing a schedule for proceeding in this matter. The schedule should address, among other things, the status of Plaintiff's FOIA request, the anticipated number of documents responsive to Plaintiff's FOIA request, the anticipated date(s) for release of the documents requested by Plaintiff, whether a motion for an Open America stay is likely in this case, whether a Vaughn index will be required in this case, and a briefing schedule for dispositive motions, if required. The parties shall file the schedule on or before July 29, 2020. Signed by Judge Trevor N. McFadden on 7/8/2020. (lctnm1) (Entered: 07/08/2020)
2020-07-09Set/Reset Deadlines: Joint Status Report due by 7/29/2020. (hmc) (Entered: 07/09/2020)
2020-07-2912Joint STATUS REPORT by WP COMPANY LLC. (Tobin, Charles) (Entered: 07/29/2020)
2020-07-30MINUTE ORDER. Upon consideration of the parties' 12 Joint Status Report, it is hereby ORDERED that the parties shall appear by telephone for a status conference on August 11, 2020, at 10 a.m. before Judge Trevor N. McFadden. Dial-in information will be emailed to counsel. SO ORDERED. Signed by Trevor N. McFadden on 7/30/2020. (lctnm3) (Entered: 07/30/2020)
2020-07-31Set/Reset Hearings: Telephonic Status Conference set for 8/11/2020 at 10:00 AM before Judge Trevor N. McFadden. (hmc) (Entered: 07/31/2020)
2020-08-11Minute Entry for proceedings held before Judge Trevor N. McFadden: Telephonic Status Conference held on 8/11/2020. Defendants' Declaration due by 8/12/2020. Plaintiff's response, if any, due by 8/17/2020. Plaintiff's request for a briefing schedule, denied. Joint Status Report due by the end of next month and every month thereafter until production is complete. (Court Reporter: Lisa Edwards.) (hmc) (Entered: 08/11/2020)
2020-08-1213NOTICE of Filing Declaration by U.S. DEPARTMENT OF STATE re Status Conference,, Set Deadlines, (Attachments: # 1 Declaration of Eric F. Stein)(Lyons, Jane) (Entered: 08/12/2020)
2020-08-1714RESPONSE re 13 Notice (Other) Declaration of Eric F. Stein filed by WP COMPANY LLC. (Tobin, Charles) (Entered: 08/17/2020)
2020-08-1815ORDER. See attached Order for details. Signed by Judge Trevor N. McFadden on 8/18/2020. (lctnm3) (Entered: 08/18/2020)
2020-08-19Set/Reset Deadlines: DoS' initial production of responsive records due by 10/15/2020. (hmc) (Entered: 08/19/2020)
2020-09-3016Joint STATUS REPORT by U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. DEPARTMENT OF STATE. (Lyons, Jane) (Entered: 09/30/2020)
2020-10-01MINUTE ORDER. Upon consideration of the parties' 16 Joint Status Report, it is hereby ORDERED that Defendant Department of State shall make a second production on or before November 16, 2020. It is further ORDERED that the parties continue to file a Joint Status Report at the end of every month until production is complete. SO ORDERED. Signed by Judge Trevor N. McFadden on 10/1/2020. (lctnm3) (Entered: 10/01/2020)
2020-10-01Set/Reset Deadlines: Department of State's second production due by 11/16/2020. (ztg) (Entered: 10/01/2020)
2020-10-1617MOTION to Amend/Correct Order, by WP COMPANY LLC (Attachments: # 1 Exhibit A, # 2 Text of Proposed Order)(Tobin, Charles) (Entered: 10/16/2020)
2020-10-19MINUTE ORDER. Upon consideration of Plaintiff's 17 Motion to Amend/Correct Order, it is hereby ORDERED that Defendant Department of State shall respond to this motion by October 22, 2020. It is further ORDERED that the parties shall appear by telephone for a status conference on October 26, 2020, at 2:00 p.m. before Judge Trevor N. McFadden. Dial-in information will be emailed to counsel. SO ORDERED. Signed by Judge Trevor N. McFadden on 10/19/2020. (lctnm3) (Entered: 10/19/2020)
2020-10-19Set/Reset Deadlines/Hearings: Department of State's response due by 10/22/2020. Telephonic Status Conference set for 10/26/2020 at 2:00 PM before Judge Trevor N. McFadden. (hmc) (Entered: 10/19/2020)
2020-10-2218Memorandum in opposition to re 17 MOTION to Amend/Correct Order, filed by U.S. DEPARTMENT OF STATE. (Attachments: # 1 Text of Proposed Order)(Lyons, Jane) (Entered: 10/22/2020)
2020-10-26Minute Entry for proceedings held before Judge Trevor N. McFadden: Telephonic Status Conference held on 10/26/2020. The monthly joint status report is not required for the month of October, but should resume in November. The production order is not changed. (Court Reporter: Crystal Pilgrim.) (hmc) (Entered: 10/26/2020)
2020-11-3019Joint STATUS REPORT by U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. DEPARTMENT OF STATE. (Lyons, Jane) (Entered: 11/30/2020)
2020-12-01MINUTE ORDER. Upon consideration of the parties' 19 Joint Status Report, it is hereby ORDERED that Defendant Department of State shall make another production on or before December 14, 2020. The Court denies Plaintiff's request for a production schedule at this time. It is further ORDERED that the parties continue to file a Joint Status Report at the end of every month until production is complete. SO ORDERED. Signed by Judge Trevor N. McFadden on 12/1/2020. (lctnm3) (Entered: 12/01/2020)
2020-12-01Set/Reset Deadlines: Department of State's production due by 12/14/2020. (hmc) (Entered: 12/01/2020)
2020-12-3120Joint STATUS REPORT by U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. DEPARTMENT OF STATE. (Pfaffenroth, Peter) (Entered: 12/31/2020)
2021-01-04MINUTE ORDER. Upon consideration of the parties' 20 Joint Status Report, it is hereby ORDERED that the Defendant Department of State shall make another production on or before February 15, 2021. The Court denies Plaintiff's request for the Defendant Department of State to produce the remaining 271 pages by February 15, 2021. Any motion for leave to file an amended complaint shall be filed separately. SO ORDERED. Signed by Judge Trevor N. McFadden on 1/4/2021. (lctnm3) (Entered: 01/04/2021)
2021-01-04Set/Reset Deadlines: Defendant Department of State's production due by 2/15/2021. (hmc) (Entered: 01/04/2021)
2021-01-2121NOTICE of Appearance by Diana Viggiano Valdivia on behalf of All Defendants (Valdivia, Diana) (Entered: 01/21/2021)
2021-01-2222MOTION for Leave to File Amended Complaint by WP COMPANY LLC. (Attachments: # 1 A - Amended Complaint, # 2 Ex. A to Am. Compl., # 3 Ex. B to Am. Compl., # 4 Ex. C to Am. Compl., # 5 Ex. D to Am. Compl., # 6 Ex. E to Am. Compl., # 7 Ex. F to Am. Compl., # 8 Ex. G to Am. Compl., # 9 Ex. H to Am. Compl., # 10 Ex. I to Am. Compl., # 11 Ex. J to Am. Compl., # 12 Ex. K to Am. Compl., # 13 Ex. L to Am. Compl., # 14 Ex. M to Am. Compl., # 15 Ex. N to Am. Compl., # 16 Ex. O to Am. Compl., # 17 Ex. P to Am. Compl., # 18 Ex. Q to Am. Compl., # 19 Ex. R to Am. Compl., # 20 Ex. S to Am. Compl., # 21 Ex. T to Am. Compl., # 22 Ex. U to Am. Compl., # 23 Ex. V to Am. Compl., # 24 Ex. W to Am. Compl., # 25 Ex. X to Am. Compl., # 26 Ex. Y to Am. Compl., # 27 Ex. Z to Am. Compl., # 28 Ex. AA to Am. Compl., # 29 Ex. BB to Am. Compl., # 30 Ex. CC to Am. Compl., # 31 Ex. DD to Am. Compl., # 32 Ex. EE to Am. Compl., # 33 Ex. FF to Am. Compl., # 34 Ex. GG to Am. Compl., # 35 Ex. HH to Am. Compl., # 36 B - Redlined Amended Complaint, # 37 Text of Proposed Order)(Tobin, Charles) (Entered: 01/22/2021)
2021-01-2923Joint STATUS REPORT by U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. DEPARTMENT OF STATE. (Valdivia, Diana) (Entered: 01/29/2021)
2021-02-0524Memorandum in opposition to re 22 MOTION for Leave to File Amended Complaint filed by U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. DEPARTMENT OF STATE. (Attachments: # 1 Text of Proposed Order)(Valdivia, Diana) (Entered: 02/05/2021)
2021-02-1225REPLY to opposition to motion re 22 MOTION for Leave to File Amended Complaint filed by WP COMPANY LLC. (Tobin, Charles) (Entered: 02/12/2021)
2021-02-2226ORDER granting Plaintiff's 22 Motion for Leave to File Amended Complaint. It is further ORDERED that the Clerk of Court docket ECF Nos. 22-1 through 22-35 as Plaintiff's Amended Complaint. Defendant shall answer or otherwise respond to the Amended Complaint within 30 days. Signed by Judge Trevor N. McFadden on 2/22/2021. (lctnm3) (Entered: 02/22/2021)
2021-02-2227AMENDED COMPLAINT against U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. DEPARTMENT OF STATE filed by WP COMPANY LLC. (Attachment: # 1 Exhibits)(eg) (Entered: 02/26/2021)
2021-02-2628Joint STATUS REPORT by U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. DEPARTMENT OF STATE. (Valdivia, Diana) (Entered: 02/26/2021)
2021-03-01MINUTE ORDER. It is hereby ORDERED that the prior schedule requiring the parties to file a Joint Status Report at the end of every month is VACATED. It is further ORDERED that the parties shall file a Joint Status Report by April 27, 2020 and shall continue to file a Joint Status Report every 60 days thereafter. SO ORDERED. Signed by Judge Trevor N. McFadden on 3/1/2021. (lctnm3) (Entered: 03/01/2021)
2021-03-01Set/Reset Deadlines: Joint Status Report due by 4/27/2021, and every 60 days thereafter. (hmc) (Entered: 03/01/2021)
2021-03-1529ERRATA regarding Exhibit HH to its Amended Complaint by WP COMPANY LLC re 27 Amended Complaint filed by WP COMPANY LLC. (Attachments: # 1 Exhibit HH - Corrected)(Tobin, Charles) (Entered: 03/15/2021)
2021-03-2430ANSWER to 27 Amended Complaint by U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. DEPARTMENT OF STATE.(Valdivia, Diana) (Entered: 03/24/2021)
2021-04-2731Joint STATUS REPORT by U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. DEPARTMENT OF STATE. (Valdivia, Diana) (Entered: 04/27/2021)
2021-04-27MINUTE ORDER. Upon consideration of the parties' 31 Joint Status Report, it is hereby ORDERED that Plaintiff's renewed request for a production schedule of 300 pages/month is denied at this time. Defendant has continued to make monthly productions and represents that it will continue to do so moving forward. The Court thus finds no reason to impose a mandatory production minimum at this time. It is further ORDERED that the parties shall continue to file a Joint Status Report every 60 days, as ordered in the Court's March 1, 2021 Minute Order. SO ORDERED. Signed by Judge Trevor N. McFadden on 4/27/2021. (lctnm3) (Entered: 04/27/2021)
2021-06-2832Joint STATUS REPORT by U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. DEPARTMENT OF STATE. (Valdivia, Diana) (Entered: 06/28/2021)
2021-08-2733Joint STATUS REPORT by U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. DEPARTMENT OF STATE. (Lyons, Jane) (Entered: 08/27/2021)
2021-10-2634Joint STATUS REPORT by U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. DEPARTMENT OF STATE. (Lyons, Jane) (Entered: 10/26/2021)
2021-10-28MINUTE ORDER. Upon consideration of the Parties' 34 Joint Status Report, the next Joint Status Report is due on or before January 6, 2022, and every 60 days thereafter. SO ORDERED. Signed by Judge Trevor N. McFadden on 10/28/2021. (lctnm3) (Entered: 10/28/2021)
2021-10-28Set/Reset Deadlines: Joint Status Report due by 1/6/2022, and every 60 days thereafter. (hmc) (Entered: 10/28/2021)
2022-01-0635Joint STATUS REPORT by DEPARTMENT OF HOMELAND SECURITY, U.S. DEPARTMENT OF STATE. (Lyons, Jane) (Entered: 01/06/2022)
2022-03-0336Joint STATUS REPORT by DEPARTMENT OF HOMELAND SECURITY, U.S. DEPARTMENT OF STATE. (Lyons, Jane) (Entered: 03/03/2022)
2022-05-0237Joint STATUS REPORT by DEPARTMENT OF HOMELAND SECURITY, U.S. DEPARTMENT OF STATE. (Lyons, Jane) (Entered: 05/02/2022)
2022-07-0238Joint STATUS REPORT With Proposed Briefing Schedule by DEPARTMENT OF HOMELAND SECURITY, U.S. DEPARTMENT OF STATE. (Lyons, Jane) (Entered: 07/02/2022)
2022-07-06MINUTE ORDER: Upon consideration of the parties' 38 Joint Status Report, it is hereby ORDERED that the parties shall abide by the following deadlines: Plaintiff will file its fee petition by August 15, 2022; Defendant will file any opposition by September 29, 2022; and Plaintiff will file any reply by October 13, 2022. SO ORDERED. Signed by Judge Trevor N. McFadden on 7/6/2022. (lctnm3) (Entered: 07/06/2022)
2022-07-07Set/Reset Deadlines: Fee petition due by 8/15/2022. Opposition due by 9/29/2022. Reply due by 10/13/2022. (hmc) (Entered: 07/07/2022)
2022-08-1539MOTION for Attorney Fees and Costs by WP COMPANY LLC. (Attachments: # 1 Declaration of C. Tobin, # 2 Exhibit A, # 3 Exhibit B)(Tobin, Charles) (Entered: 08/15/2022)
2022-09-2640Unopposed MOTION for Extension of Time to File Response/Reply by DEPARTMENT OF HOMELAND SECURITY, U.S. DEPARTMENT OF STATE. (Lyons, Jane) (Entered: 09/26/2022)
2022-09-26MINUTE ORDER granting 40 Unopposed Motion for Extension of Time. Defendants shall file their Opposition on or before October 20, 2022. Plaintiff shall file its Reply, if any, on or before November 3, 2022. SO ORDERED. Signed by Judge Trevor N. McFadden on 9/26/2022. (lctnm3) (Entered: 09/26/2022)
2022-09-26Set/Reset Deadlines: Defendants' opposition due by 10/20/2022. Reply due by 11/3/2022. (hmc) (Entered: 09/26/2022)
2022-10-1941Unopposed MOTION for Extension of Time to File Response/Reply by DEPARTMENT OF HOMELAND SECURITY, U.S. DEPARTMENT OF STATE. (Lyons, Jane) (Entered: 10/19/2022)
2022-10-19MINUTE ORDER granting the 41 Unopposed Motion for Extension of Time to File Response/Reply. Defendants shall file their Reply on or before October 25, 2022. Plaintiffs shall file their reply on or before November 15, 2022. SO ORDERED. Signed by Judge Trevor N. McFadden on 10/19/2022. (lctnm3) (Entered: 10/19/2022)
2022-10-2542Memorandum in opposition to re 39 Motion for Attorney Fees filed by DEPARTMENT OF HOMELAND SECURITY, U.S. DEPARTMENT OF STATE. (Attachments: # 1 Declaration of Kevin L. Tyrrell, # 2 Declaration of Susan C. Weetman)(Lyons, Jane) (Entered: 10/25/2022)
2022-11-1543REPLY to opposition to motion re 39 MOTION for Attorney Fees and Costs filed by WP COMPANY LLC. (Tobin, Charles) (Entered: 11/15/2022)
2023-02-0644MEMORANDUM OPINION re Plaintiff's 39 Motion for Attorneys' Fees and Costs. See attached Opinion for details. Signed by Judge Trevor N. McFadden on 2/6/2023. (lctnm1) (Entered: 02/06/2023)
2023-02-0645ORDER. For the reasons stated in the 44 Memorandum Opinion, Plaintiff's 39 Motion for Attorneys' Fees and Costs is GRANTED in part. This is a final, appealable Order. Signed by Judge Trevor N. McFadden on 2/6/2023. (lctnm1) (Entered: 02/06/2023)
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