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Case TitlePUBLIC CITIZEN v. U.S. DEPARTMENT OF LABOR
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2020cv02495
Date Filed2020-09-08
Date Closed2021-12-22
JudgeJudge Emmet G. Sullivan
PlaintiffPUBLIC CITIZEN
Case DescriptionPublic Citizen submitted a FOIA request to the Department of Labor for records concerning the impact of COVID-19 on the agency. Public Citizen requested expedited processing and a fee waiver. The agency acknowledged receipt of the request and assigned it to the Occupational Safety and Health Administration for processing. The agency asked Public Citizen to narrow the scope of its request. Public Citizen did so, but after hearing nothing further from the agency, Public Citizen filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantU.S. DEPARTMENT OF LABOR
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2020-09-081COMPLAINT against U.S. DEPARTMENT OF LABOR ( Filing fee $ 400 receipt number ADCDC-7560681) filed by PUBLIC CITIZEN. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Civil Cover Sheet, # 4 Summons, # 5 Summons, # 6 Summons)(Pulver, Adam) (Entered: 09/08/2020)
2020-09-082LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by PUBLIC CITIZEN (Pulver, Adam) (Entered: 09/08/2020)
2020-09-08Case Assigned to Judge Emmet G. Sullivan. (zmd) (Entered: 09/08/2020)
2020-09-083SUMMONS (3) Issued Electronically as to U.S. DEPARTMENT OF LABOR, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent) (zmd) (Entered: 09/08/2020)
2020-09-164RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 9/14/2020. Answer due for ALL FEDERAL DEFENDANTS by 10/14/2020. (Pulver, Adam) (Entered: 09/16/2020)
2020-09-165RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 09/14/2020. (Pulver, Adam) (Entered: 09/16/2020)
2020-09-166RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF LABOR served on 9/14/2020 (Pulver, Adam) (Entered: 09/16/2020)
2020-09-177STANDING ORDER: The parties are directed to read the attached Standing Order Governing Civil Cases Before Judge Emmet G. Sullivan in its entirety upon receipt. The parties are hereby ORDERED to comply with the directives in the attached Standing Order. Signed by Judge Emmet G. Sullivan on 09/17/20. (Attachment: # 1 Exhibit 1) (mac) (Entered: 09/17/2020)
2020-10-148NOTICE of Appearance by Andrew I. Warden on behalf of U.S. DEPARTMENT OF LABOR (Warden, Andrew) (Entered: 10/14/2020)
2020-10-149ANSWER to Complaint by U.S. DEPARTMENT OF LABOR.(Warden, Andrew) (Entered: 10/14/2020)
2020-10-15MINUTE ORDER. Plaintiff brings this action pursuant to the Freedom of Information Act (FOIA), 5 U.S.C. § 552. The parties are directed to meet and confer and propose a joint scheduling order for further proceedings in this case by no later than November 16, 2020. The parties' joint proposed scheduling order shall address the following: (1) The status of plaintiff's FOIA request; (2) The anticipated number of documents responsive to plaintiffs FOIA request; (3) The anticipated date(s), if any, for release of documents responsive to plaintiff's FOIA request; (4) Whether a motion for an Open America stay is likely in this case; (5) Whether a Vaughn index will be required in this case; (6) Whether this case would benefit from referral to a magistrate judge or the District Court Mediation Program for purposes of settlement; and (7) A proposed briefing schedule for dispositive motions, if applicable. If the parties are unable to agree on a joint recommendation, the joint proposed scheduling order shall include each party's individual recommendations. Signed by Judge Emmet G. Sullivan on 10/15/2020. (lcegs2) (Entered: 10/15/2020)
2020-10-15Set/Reset Deadlines: Joint Status Report due by 11/16/2020 (mac) (Entered: 10/15/2020)
2020-11-1610Joint STATUS REPORT in Response to the Court's October 15, 2020 Order by U.S. DEPARTMENT OF LABOR. (Warden, Andrew) (Entered: 11/16/2020)
2020-11-16MINUTE ORDER. In view of 10 Joint STATUS REPORT, the parties are directed to file a further joint status report by no later than December 18, 2020. Signed by Judge Emmet G. Sullivan on 11/16/2020. (lcegs2) (Entered: 11/16/2020)
2020-11-17Set/Reset Deadlines: Joint Status Report due by 12/18/2020. (mac) (Entered: 11/17/2020)
2020-12-1811Joint STATUS REPORT by U.S. DEPARTMENT OF LABOR. (Warden, Andrew) (Entered: 12/18/2020)
2020-12-18MINUTE ORDER. In view of 11 the parties' joint status report, the parties are directed to file further joint status report by no later than February 12, 2021. Signed by Judge Emmet G. Sullivan on 12/18/2020. (lcegs2) (Entered: 12/18/2020)
2020-12-21Set/Reset Deadlines: Joint Status Report due by 2/12/2021 (mac) (Entered: 12/21/2020)
2021-02-1212Joint STATUS REPORT by U.S. DEPARTMENT OF LABOR. (Warden, Andrew) (Entered: 02/12/2021)
2021-02-12MINUTE ORDER. In view of 12 Joint Status Report, the parties are directed to file a further joint status report by no later than April 16, 2021. Signed by Judge Emmet G. Sullivan on 2/12/2021. (lcegs2) (Entered: 02/12/2021)
2021-02-13Set/Reset Deadlines: Joint Status Report due by 4/16/2021. (mac) (Entered: 02/13/2021)
2021-04-1613Joint STATUS REPORT by U.S. DEPARTMENT OF LABOR. (Warden, Andrew) (Entered: 04/16/2021)
2021-04-16MINUTE ORDER. In view of 13 Joint Status Report, the parties are directed to file another joint status report by no later than May 19, 2021. Signed by Judge Emmet G. Sullivan on 4/16/2021. (lcegs2) (Entered: 04/16/2021)
2021-04-17Set/Reset Deadlines: Joint Status Report due by 5/19/2021. (mac) (Entered: 04/17/2021)
2021-05-1914Joint STATUS REPORT by U.S. DEPARTMENT OF LABOR. (Warden, Andrew) (Entered: 05/19/2021)
2021-05-20MINUTE ORDER. In view of 14 Joint Status Report, in which the parties note their disagreements concerning the document production timeline, it is hereby ORDERED that Defendant U.S. Department of Labor shall, before June 4, 2021, meet and confer with Plaintiff to discuss the processing of voluminous records and any other production issues that may facilitate an earlier production completion date if resolved and/or that may be suitable for an amicable resolution before the summary judgment phase of this case. It is FURTHER ORDERED that the parties shall file another joint status report by no later than June 4, 2021, informing the Court of the status of Plaintiff's FOIA requests and the outcome of the parties' meet and confer efforts. The parties shall also make recommendations, jointly or, if necessary, separately, for further proceedings. If the parties believe Court intervention is necessary to resolve any outstanding issues concerning the document production timeline, the status report shall include a proposed schedule for filing and briefing any motions the parties' intend to file. Signed by Judge Emmet G. Sullivan on 5/20/2021. (lcegs2) (Entered: 05/20/2021)
2021-05-21Set/Reset Deadlines: Plaintiff And Defendant U.S. Department Of Labor Meet and Confer Conference due by 6/4/2021. Joint Status Report due by 6/4/2021. (mac) (Entered: 05/21/2021)
2021-06-0415Joint STATUS REPORT by U.S. DEPARTMENT OF LABOR. (Warden, Andrew) (Entered: 06/04/2021)
2021-06-08MINUTE ORDER. In view of 15 Joint Status Report, the parties shall file another joint status report by no later than August 25, 2021, proposing recommendations for further proceedings, including a proposed schedule. Signed by Judge Emmet G. Sullivan on 6/8/2021. (lcegs2) (Entered: 06/08/2021)
2021-06-08Set/Reset Deadlines: Joint Status Report due by 8/25/2021 (mac) (Entered: 06/08/2021)
2021-06-2316NOTICE of Appearance by David Michael Glass on behalf of U.S. DEPARTMENT OF LABOR (Glass, David) (Entered: 06/23/2021)
2021-08-2517Joint STATUS REPORT (Seventh) by U.S. DEPARTMENT OF LABOR. (Glass, David) (Entered: 08/25/2021)
2021-08-27MINUTE ORDER. In view of 17 Joint Status Report, the parties shall file another joint status report by no later than September 17, 2021. Signed by Judge Emmet G. Sullivan on 8/27/2021. (lcegs2) (Entered: 08/27/2021)
2021-08-27Set/Reset Deadlines: Joint Status Report due by 9/17/2021 (mac) (Entered: 08/27/2021)
2021-09-1718Joint STATUS REPORT (Eighth) by U.S. DEPARTMENT OF LABOR. (Glass, David) (Entered: 09/17/2021)
2021-09-17MINUTE ORDER. In view of 18 Joint Status Report, the parties shall adhere to the following summary judgment briefing schedule: Defendant shall file their motion for summary judgment and Vaugh index by no later than November 8, 2021; Plaintiff shall file their combined opposition and cross motion for summary judgment by no later than December 15, 2021; Defendant shall file their combined reply and opposition by no later than January 18, 2022; and Plaintiff shall file their reply by no later than February 15, 2021. Signed by Judge Emmet G. Sullivan on 9/17/2021. (lcegs2) (Entered: 09/17/2021)
2021-09-18Set/Reset Deadlines: Defendant Motion For Summary Judgment And Vaughn Index due 11/08/2021. Plaintiff Combined Opposition And Cross Motion For Summary Judgment due by 12/15/2021. Defendant Combined Reply And Opposition due by 01/18/2022. Plaintiff Reply due by 02/15/2022.(mac) (Entered: 09/18/2021)
2021-09-18ENTERED IN ERROR.....Set/Reset Deadlines: Defendant Motion For Summary Judgment And Vaughn Index due 11/08/2021. Plaintiff Combined Opposition And Cross Motion For Summary Judgment due by 12/15/2021. Defendant Combined Reply And Opposition due by 01/18/2022. Plaintiff Reply due by 02/15/2022.(mac) (Entered: 09/18/2021)
2021-11-0419Joint MOTION to Vacate Briefing Schedule by U.S. DEPARTMENT OF LABOR. (Attachments: # 1 Prop. Order)(Glass, David) (Entered: 11/04/2021)
2021-11-05MINUTE ORDER granting 19 Joint Motion to Vacate Briefing Schedule. The briefing schedule set by this Court on September 17, 2021 is hereby VACATED. It is further ORDERED that the parties shall file a joint status report by no later than December 6, 2021, advising the Court as to the status of their settlement discussions. Signed by Judge Emmet G. Sullivan on 11/5/2021. (lcegs2) (Entered: 11/05/2021)
2021-12-0320Joint STATUS REPORT (Ninth) by U.S. DEPARTMENT OF LABOR. (Glass, David) (Entered: 12/03/2021)
2021-12-03MINUTE ORDER. In view of 20 Joint Status Report, the parties shall file another joint status report by no later than December 20, 2021. Signed by Judge Emmet G. Sullivan on 12/3/2021. (lcegs1) (Entered: 12/03/2021)
2021-12-06Set/Reset Deadlines: Joint Status Report due by 12/20/2021 (mac) (Entered: 12/06/2021)
2021-12-1721Joint STATUS REPORT (Tenth) by U.S. DEPARTMENT OF LABOR. (Glass, David) (Entered: 12/17/2021)
2021-12-2122STIPULATION of Dismissal with Prejudice by U.S. DEPARTMENT OF LABOR. (Glass, David) (Entered: 12/21/2021)
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