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Case TitleDEMOCRACY FORWARD FOUNDATION v. OFFICE OF MANAGEMENT AND BUDGET et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2020cv01694
Date Filed2020-06-23
Date Closed2022-06-08
JudgeJudge Trevor N. McFadden
PlaintiffDEMOCRACY FORWARD FOUNDATION
Case DescriptionDemocracy Forward Foundation submitted FOIA requests to OMB, Department of Health and Human Services, Department of Homeland Security, and Department of Treasury for records concerning communications between senior officials and a number of conservative media organizations. DFF also requested a fee waiver. The agencies acknowledged receipt of the requests but after hearing nothing further from any of the agencies, DFF filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Vaughn index, Public Interest Fee Waiver, Litigation - Attorney's fees

DefendantOFFICE OF MANAGEMENT AND BUDGET
DefendantOFFICE OF MANAGEMENT AND BUDGET
TERMINATED: 03/31/2021
DefendantU.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES
DefendantU.S. DEPARTMENT OF HOMELAND SECURITY
DefendantDEPARTMENT OF HOMELAND SECURITY
DefendantDEPARTMENT OF HOMELAND SECURITY
TERMINATED: 04/08/2022
DefendantU.S. DEPARTMENT OF THE TREASURY
DefendantU.S. DEPARTMENT OF THE TREASURY
TERMINATED: 04/08/2022
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
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2020-06-231COMPLAINT against OFFICE OF MANAGEMENT AND BUDGET, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. DEPARTMENT OF THE TREASURY ( Filing fee $ 400 receipt number ADCDC-7257962) filed by DEMOCRACY FORWARD FOUNDATION. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Civil Cover Sheet, # 9 Summons, # 10 Summons, # 11 Summons, # 12 Summons, # 13 Summons, # 14 Summons)(Shah, Nitin) (Entered: 06/23/2020)
2020-06-232LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by DEMOCRACY FORWARD FOUNDATION (Shah, Nitin) (Entered: 06/23/2020)
2020-06-23Case Assigned to Judge Trevor N. McFadden. (zsb) (Entered: 06/23/2020)
2020-06-233SUMMONS (6) Issued Electronically as to OFFICE OF MANAGEMENT AND BUDGET, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. DEPARTMENT OF THE TREASURY, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(zsb) (Entered: 06/23/2020)
2020-06-234STANDING 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 6/23/2020. (lctnm2) (Entered: 06/23/2020)
2020-06-255NOTICE of Appearance by Sean A. Lev on behalf of DEMOCRACY FORWARD FOUNDATION (Lev, Sean) (Entered: 06/25/2020)
2020-06-256NOTICE of Appearance by Benjamin M. Seel on behalf of DEMOCRACY FORWARD FOUNDATION (Seel, Benjamin) (Entered: 06/25/2020)
2020-07-087RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. OFFICE OF MANAGEMENT AND BUDGET served on 7/2/2020; U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES served on 6/29/2020; U.S. DEPARTMENT OF HOMELAND SECURITY served on 6/29/2020; U.S. DEPARTMENT OF THE TREASURY served on 6/29/2020, RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 06/29/2020., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 6/29/2020. ( Answer due for ALL FEDERAL DEFENDANTS by 7/29/2020.) (Attachments: # 1 Declaration)(Shah, Nitin) (Entered: 07/08/2020)
2020-07-108NOTICE of Appearance by Alan Burch on behalf of All Defendants (Burch, Alan) (Entered: 07/10/2020)
2020-07-209NOTICE OF SUBSTITUTION OF COUNSEL by Kathleene A. Molen on behalf of All Defendants Substituting for attorney Alan Burch (Molen, Kathleene) (Entered: 07/20/2020)
2020-07-2210NOTICE OF WITHDRAWAL OF APPEARANCE as to DEMOCRACY FORWARD FOUNDATION. Attorney Nitin Shah terminated. (Shah, Nitin) (Entered: 07/22/2020)
2020-07-2311Consent MOTION for Extension of Time to File Answer by OFFICE OF MANAGEMENT AND BUDGET, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. DEPARTMENT OF THE TREASURY (Molen, Kathleene) (Entered: 07/23/2020)
2020-07-23MINUTE ORDER granting Defendants' 11 Consent Motion for Extension of Time. Defendants shall respond to Plaintiff's 1 Complaint on or before August 28, 2020. Defendants shall also separately file, on or before August 28, 2020, a Status Report describing the procedural posture of Plaintiff's FOIA requests. SO ORDERED. Signed by Judge Trevor N. McFadden on 7/23/2020. (lctnm2) (Entered: 07/23/2020)
2020-07-24Set/Reset Deadlines: Defendants' response to Plaintiff's Complaint due by 8/28/2020. Defendants' Status Report due by 8/28/2020. (hmc) (Entered: 07/24/2020)
2020-08-2812ANSWER to Complaint by OFFICE OF MANAGEMENT AND BUDGET, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. DEPARTMENT OF THE TREASURY. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Molen, Kathleene) (Entered: 08/28/2020)
2020-08-2813STATUS REPORT by OFFICE OF MANAGEMENT AND BUDGET, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. DEPARTMENT OF THE TREASURY. (Molen, Kathleene) (Entered: 08/28/2020)
2020-08-31MINUTE ORDER. Before the Court are a Complaint and an Answer in this FOIA case. In light of these filings and Defendants' 13 Status Report, 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 requests, the anticipated number of documents responsive to Plaintiff's FOIA requests, 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 report on or before September 28, 2020. SO ORDERED. Signed by Judge Trevor N. McFadden on 8/31/2020. (lctnm2) (Entered: 08/31/2020)
2020-08-31Set/Reset Deadlines: Joint Status Report due by 9/28/2020. (hmc) (Entered: 08/31/2020)
2020-09-1414NOTICE OF SUBSTITUTION OF COUNSEL by Brenda A. Gonzalez on behalf of OFFICE OF MANAGEMENT AND BUDGET, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. DEPARTMENT OF THE TREASURY Substituting for attorney Kathleene A. Molen (Gonzalez, Brenda) (Entered: 09/14/2020)
2020-09-2815Joint STATUS REPORT by OFFICE OF MANAGEMENT AND BUDGET, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. DEPARTMENT OF THE TREASURY. (Gonzalez Horowitz, Brenda) (Entered: 09/28/2020)
2020-09-28MINUTE ORDER. Upon consideration of the 15 Joint Status Report, it is hereby ORDERED that the parties shall file a further Joint Status Report on or before October 29, 2020. SO ORDERED. Signed by Judge Trevor N. McFadden on 9/28/2020. (lctnm2) (Entered: 09/28/2020)
2020-09-29Set/Reset Deadlines: Joint Status Report due by 10/29/2020. (hmc) (Entered: 09/29/2020)
2020-10-2916Joint STATUS REPORT by OFFICE OF MANAGEMENT AND BUDGET, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. DEPARTMENT OF THE TREASURY. (Gonzalez-Horowitz, Brenda) (Entered: 10/29/2020)
2020-10-29MINUTE ORDER: Upon consideration of the parties' 16 Joint Status Report, the parties shall submit the next Joint Status Report on or before 12/1/2020. SO ORDERED. Signed by Judge Trevor N. McFadden on 10/29/2020. (lctnm2) (Entered: 10/29/2020)
2020-10-30Set/Reset Deadlines: Joint Status Report due by 12/1/2020. (hmc) (Entered: 10/30/2020)
2020-12-0117Joint STATUS REPORT by OFFICE OF MANAGEMENT AND BUDGET, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. DEPARTMENT OF THE TREASURY. (Gonzalez-Horowitz, Brenda) (Entered: 12/01/2020)
2020-12-02MINUTE ORDER: Upon consideration of the parties' 17 Joint Status Report, the parties shall submit the next Joint Status Report on or before 1/5/2021. SO ORDERED. Signed by Judge Trevor N. McFadden on 12/2/2020. (lctnm2) (Entered: 12/02/2020)
2020-12-02Set/Reset Deadlines: Joint Status Report due by 1/5/2021. (hmc) (Entered: 12/02/2020)
2021-01-0518Joint STATUS REPORT by OFFICE OF MANAGEMENT AND BUDGET, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. DEPARTMENT OF THE TREASURY. (Gonzalez-Horowitz, Brenda) (Entered: 01/05/2021)
2021-01-06MINUTE ORDER. Upon consideration of the 18 Joint Status Report, it is hereby ORDERED that the parties shall file a further Joint Status Report on or before February 2, 2021. SO ORDERED. Signed by Judge Trevor N. McFadden on 1/6/2021. (lctnm2) (Entered: 01/06/2021)
2021-01-06Set/Reset Deadlines: Joint Status Report due by 2/2/2021. (hmc) (Entered: 01/06/2021)
2021-01-0819Unopposed MOTION for Leave to File Supplemental Complaint by DEMOCRACY FORWARD FOUNDATION (Attachments: # 1 Memorandum in Support, # 2 Proposed Supplemental Complaint, # 3 Text of Proposed Order)(Seel, Benjamin) (Entered: 01/08/2021)
2021-01-11MINUTE ORDER granting Plaintiff's 19 Unopposed Motion for Leave to File Supplemental Complaint. The Clerk of Court is directed to docket ECF 19-2 as Plaintiff's Supplemental Complaint. Defendant shall answer or otherwise respond to the Supplemental Complaint on or before January 22, 2021. SO ORDERED. Signed by Judge Trevor N. McFadden on 1/11/2021. (lctnm2) (Entered: 01/11/2021)
2021-01-11Set/Reset Deadlines: Defendant's response to the Supplemental Complaint due by 1/22/2021. (hmc) (Entered: 01/11/2021)
2021-01-1120SUPPLEMENT to re 1 Complaint,, filed by DEMOCRACY FORWARD FOUNDATION. (eg) (Entered: 01/13/2021)
2021-01-2221ANSWER to Complaint (Supplemental) by U.S. DEPARTMENT OF HOMELAND SECURITY.(Gonzalez-Horowitz, Brenda) (Entered: 01/22/2021)
2021-02-0222Joint STATUS REPORT by OFFICE OF MANAGEMENT AND BUDGET, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. DEPARTMENT OF THE TREASURY. (Gonzalez-Horowitz, Brenda) (Entered: 02/02/2021)
2021-02-02MINUTE ORDER. Upon consideration of the 22 Joint Status Report, it is hereby ORDERED that the parties shall file a further Joint Status Report on or before March 3, 2021. SO ORDERED. Signed by Judge Trevor N. McFadden on 2/2/2021. (lctnm2) (Entered: 02/02/2021)
2021-02-02Set/Reset Deadlines: Joint Status Report due by 3/3/2021. (hmc) (Entered: 02/02/2021)
2021-03-0323Joint STATUS REPORT by OFFICE OF MANAGEMENT AND BUDGET, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. DEPARTMENT OF THE TREASURY. (Gonzalez-Horowitz, Brenda) (Entered: 03/03/2021)
2021-03-04MINUTE ORDER. Upon consideration of the 23 Joint Status Report, it is hereby ORDERED that the parties shall file a further Joint Status Report on or before April 2, 2021. SO ORDERED. Signed by Judge Trevor N. McFadden on 3/4/2021. (lctnm2) (Entered: 03/04/2021)
2021-03-04Set/Reset Deadlines: Joint Status Report due by 4/2/2021. (hmc) (Entered: 03/04/2021)
2021-03-3024STIPULATION of Dismissal of Defendant, the Office of Management and Budget by DEMOCRACY FORWARD FOUNDATION. (Seel, Benjamin) (Entered: 03/30/2021)
2021-03-31MINUTE ORDER. Pursuant to the parties' 24 Stipulation of Dismissal, Defendant Office of Management and Budget is hereby DISMISSED from this matter with prejudice, with each party to bear its own costs and fees. See Fed. R. Civ. P. 41(a)(1)(A)(ii). SO ORDERED. Signed by Judge Trevor N. McFadden on 3/31/2021. (lctnm2) (Entered: 03/31/2021)
2021-04-0225Joint STATUS REPORT by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. DEPARTMENT OF THE TREASURY. (Gonzalez-Horowitz, Brenda) (Entered: 04/02/2021)
2021-04-02MINUTE ORDER. Upon consideration of the parties' 25 Joint Status Report, it is hereby ORDERED that the parties shall file a further Joint Status Report on or before May 4, 2021. SO ORDERED. Signed by Judge Trevor N. McFadden on 4/2/2021. (lctnm2) (Entered: 04/02/2021)
2021-04-05Set/Reset Deadlines: Joint Status Report due by 5/4/2021. (hmc) (Entered: 04/05/2021)
2021-05-0426Joint STATUS REPORT by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. DEPARTMENT OF THE TREASURY. (Gonzalez-Horowitz, Brenda) (Entered: 05/04/2021)
2021-05-04MINUTE ORDER. Upon consideration of the parties' 26 Joint Status Report, it is hereby ORDERED that the parties shall file a further Joint Status Report on or before June 4, 2021. SO ORDERED. Signed by Judge Trevor N. McFadden on 5/4/2021. (lctnm2) (Entered: 05/04/2021)
2021-05-06Set/Reset Deadlines: Joint Status Report due by 6/4/2021. (hmc) (Entered: 05/06/2021)
2021-06-0427Joint STATUS REPORT by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. DEPARTMENT OF THE TREASURY. (Gonzalez-Horowitz, Brenda) (Entered: 06/04/2021)
2021-06-04MINUTE ORDER. Upon consideration of the parties' 27 Joint Status Report, it is hereby ORDERED that the parties shall file a further Joint Status Report on or before July 7, 2021. SO ORDERED. Signed by Judge Trevor N. McFadden on 6/4/2021. (lctnm2) (Entered: 06/04/2021)
2021-06-07Set/Reset Deadlines: Joint Status Report due by 7/7/2021. (ztg) (Entered: 06/07/2021)
2021-06-3028NOTICE OF WITHDRAWAL OF APPEARANCE as to DEMOCRACY FORWARD FOUNDATION. Attorney Benjamin M. Seel terminated. (Seel, Benjamin) (Entered: 06/30/2021)
2021-07-02NOTICE OF ERROR re 28 Notice of Withdrawal of Appearance; emailed to bseel@democracyforward.org, cc'd 3 associated attorneys -- The PDF file you docketed contained errors: 1. Incorrect event used, 2. Please refile document, 3. Please file Notice of Appearance. (zeg, ) (Entered: 07/02/2021)
2021-07-0729Joint STATUS REPORT by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. DEPARTMENT OF THE TREASURY. (Gonzalez-Horowitz, Brenda) (Entered: 07/07/2021)
2021-07-0730NOTICE of Appearance by Aman Tewari George on behalf of DEMOCRACY FORWARD FOUNDATION (George, Aman) (Entered: 07/07/2021)
2021-07-07MINUTE ORDER. Upon consideration of the parties' 29 Joint Status Report, it is hereby ORDERED that the parties shall file a further Joint Status Report on or before August 6, 2021. SO ORDERED. Signed by Judge Trevor N. McFadden on 7/7/2021. (lctnm2) (Entered: 07/07/2021)
2021-07-08Set/Reset Deadlines: Joint Status Report due by 8/6/2021. (hmc) (Entered: 07/08/2021)
2021-08-0631Joint STATUS REPORT by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. DEPARTMENT OF THE TREASURY. (Gonzalez-Horowitz, Brenda) (Entered: 08/06/2021)
2021-08-06MINUTE ORDER. Upon consideration of the parties' 31 Joint Status Report, it is hereby ORDERED that the parties shall file a further Joint Status Report on or before September 8, 2021, updating the Court on the status of production. SO ORDERED. Signed by Judge Trevor N. McFadden on 8/6/2021. (lctnm1) (Entered: 08/06/2021)
2021-08-09Set/Reset Deadlines: Joint Status Report due by 9/8/2021. (zhmc) (Entered: 08/09/2021)
2021-09-0832Joint STATUS REPORT by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. DEPARTMENT OF THE TREASURY. (Gonzalez-Horowitz, Brenda) (Entered: 09/08/2021)
2021-09-08MINUTE ORDER. Upon consideration of the parties' 32 Joint Status Report, the parties shall file a further Joint Status Report on or before October 8, 2021. SO ORDERED. Signed by Judge Trevor N. McFadden on 9/8/21. (lctnm2) (Entered: 09/08/2021)
2021-09-08Set/Reset Deadlines: Joint Status Report due by 10/8/2021. (hmc) (Entered: 09/08/2021)
2021-10-0833Joint STATUS REPORT by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. DEPARTMENT OF THE TREASURY. (Gonzalez-Horowitz, Brenda) (Entered: 10/08/2021)
2021-10-08MINUTE ORDER. Upon consideration of the parties' 33 Joint Status Report, the parties are directed to file another Joint Status Report on December 7, 2021 and every 60 days thereafter. SO ORDERED. Signed by Judge Trevor N. McFadden on 10/8/21. (lctnm2) (Entered: 10/08/2021)
2021-10-08Set/Reset Deadlines: Joint Status Report due by 12/7/2021 and every 60 days thereafter. (ztg) (Entered: 10/08/2021)
2021-12-0734Joint STATUS REPORT by DEPARTMENT OF HOMELAND SECURITY, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, U.S. DEPARTMENT OF THE TREASURY. (Gonzalez-Horowitz, Brenda) (Entered: 12/07/2021)
2022-02-0835Joint STATUS REPORT by DEPARTMENT OF HOMELAND SECURITY, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, U.S. DEPARTMENT OF THE TREASURY. (Gonzalez-Horowitz, Brenda) (Entered: 02/08/2022)
2022-04-0836STIPULATION of Dismissal as to Defendants US Departments of Homeland Security and Treasury by DEMOCRACY FORWARD FOUNDATION. (George, Aman) (Entered: 04/08/2022)
2022-04-0837Joint STATUS REPORT by DEPARTMENT OF HOMELAND SECURITY, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, U.S. DEPARTMENT OF THE TREASURY. (Truong, John) (Entered: 04/08/2022)
2022-04-08MINUTE ORDER. Upon consideration of the 36 Stipulation of Dismissal, Defendants Department of Homeland Security and Department of the Treasury are hereby DISMISSED with prejudice. See Fed. R. Civ. P. 41(a)(1)(A)(ii). SO ORDERED. Signed by Judge Trevor N. McFadden on 4/8/22. (lctnm2) (Entered: 04/08/2022)
2022-06-0838STIPULATION of Dismissal by DEMOCRACY FORWARD FOUNDATION. (George, Aman) (Entered: 06/08/2022)
2022-06-08MINUTE ORDER. Upon consideration of the 38 Stipulation of Dismissal, the Court hereby DISMISSES this case with prejudice. See Fed. R. Civ. P. 41(a)(1)(A)(ii). The Clerk of Court is requested to close the case. SO ORDERED. Signed by Judge Trevor N. McFadden on 6/8/22. (lctnm2) (Entered: 06/08/2022)
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