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Case TitleMARYLAND TRANSIT OPPORTUNITIES COALITION et al v. FEDERAL HIGHWAY ADMINISTRATION
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2023cv00894
Date Filed2023-04-03
Date ClosedOpen
JudgeJudge Randolph D. Moss
PlaintiffMARYLAND TRANSIT OPPORTUNITIES COALITION
PlaintiffBENJAMIN ROSS Ph.D
Case DescriptionMaryland Transit Opportunities Coalition submitted a FOIA request to the Federal Highway Administration for records concerning the I-495 and I-270 Managed Lane Study. The agency acknowledged receipt of the request and asked MTOC to clarify the request, MTOC provided several clarifications but after hearing nothing further from the agency, MTOC filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantFEDERAL HIGHWAY ADMINISTRATION
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

2023-04-031COMPLAINT against All Plaintiffs ( Filing fee $ 402 receipt number ADCDC-9971123) filed by MARYLAND TRANSIT OPPORTUNITIES COALITION, BENJAMIN ROSS. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons, # 4 Summons)(Franz, Daniel) (Entered: 04/03/2023)
2023-04-03Case Assigned to Judge Randolph D. Moss. (zrtw) (Entered: 04/03/2023)
2023-04-032STANDING 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 4/3/2023. (lcrdm2) (Entered: 04/03/2023)
2023-04-033SUMMONS (3) Issued Electronically as to FEDERAL HIGHWAY ADMINISTRATION, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(zrtw) (Entered: 04/03/2023)
2023-04-034NOTICE of Appearance by Kathleen Lillian Millian on behalf of All Plaintiffs (Millian, Kathleen) (Entered: 04/03/2023)
2023-04-035NOTICE of Appearance by Todd A. Gluckman on behalf of All Plaintiffs (Gluckman, Todd) (Entered: 04/03/2023)
2023-04-126RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. FEDERAL HIGHWAY ADMINISTRATION served on 4/6/2023 (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit)(Franz, Daniel) (Entered: 04/12/2023)
2023-04-127RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 4/4/2023. ( Answer due for ALL FEDERAL DEFENDANTS by 5/4/2023.), RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 04/07/2023. (See Docket Entry 6 to view document) (zjm) (Entered: 04/14/2023)
2023-04-14NOTICE OF ERROR re 6 Summons Returned Executed as to Federal Defendant; emailed to dfranz@tpmlaw.com, cc'd 6 associated attorneys -- The PDF file you docketed contained errors: 1. Notice of Corrected Docket Entry: Your entry has been modified as a courtesy. Please note the appropriate reminders for future filings; do not refile document, 2. Please note the following for future filings; do not refile document , 3. DO NOT REFILE: Counsel reminded to file a return of service for each individual party served and enter date of delivery for each. (zjm, ) (Entered: 04/14/2023)
2023-05-018NOTICE of Appearance by Stephanie R. Johnson on behalf of FEDERAL HIGHWAY ADMINISTRATION (Johnson, Stephanie) (Entered: 05/01/2023)
2023-05-019Consent MOTION for Extension of Time to Respond to Compl. by FEDERAL HIGHWAY ADMINISTRATION. (Johnson, Stephanie) (Entered: 05/01/2023)
2023-05-03MINUTE ORDER: Upon consideration of the Consent Motion for Extension of Time to Respond, Dkt. 9 , it is hereby ORDERED that the motion is GRANTED. It is further ORDERED that Defendant shall respond to the Complaint in this action on or before June 2, 2023. Signed by Judge Randolph D. Moss on 5/3/2023. (lcrdm2) (Entered: 05/03/2023)
2023-06-0210NOTICE OF WITHDRAWAL OF APPEARANCE as to MARYLAND TRANSIT OPPORTUNITIES COALITION, BENJAMIN ROSS. Attorney Daniel Franz terminated. (Franz, Daniel) (Entered: 06/02/2023)
2023-06-0211ANSWER to Complaint by FEDERAL HIGHWAY ADMINISTRATION.(Johnson, Stephanie) (Entered: 06/02/2023)
2023-06-06MINUTE ORDER: It is ORDERED that, on or before June 30, 2023, 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 by video for an Initial Scheduling Conference on July 7, 2023, at 9:30 a.m., before Judge Randolph D. Moss. Signed by Judge Randolph D. Moss on 6/6/2023. (lcrdm2) (Entered: 06/06/2023)
2023-06-3012Joint STATUS REPORT by FEDERAL HIGHWAY ADMINISTRATION. (Attachments: # 1 Exhibit Pl.'s Ex. 1, # 2 Exhibit Pl.'s Ex. 2)(Johnson, Stephanie) (Entered: 06/30/2023)
2023-07-06MINUTE ORDER: In light of the parties' Joint Status Report, Dkt. 12 , it is hereby ORDERED that the Initial Scheduling Conference set for July 7, 2023 is VACATED and RESCHEDULED for August 4, 2023, at 3:30 p.m., via Zoom. Signed by Judge Randolph D. Moss on 7/6/2023. (lcrdm2) (Entered: 07/06/2023)
2023-07-1413Consent MOTION for Scheduling Order by MARYLAND TRANSIT OPPORTUNITIES COALITION, BENJAMIN ROSS. (Attachments: # 1 Text of Proposed Order)(Gluckman, Todd) (Entered: 07/14/2023)
2023-07-17MINUTE ORDER: Upon consideration of Plaintiffs' Consent Motion to Reschedule the Initial Scheduling Conference, Dkt. 13 , it is hereby ORDERED that the motion is GRANTED. It is further ORDERED that the Initial Scheduling Conference set for August 4, 2023 is VACATED and RESCHEDULED for August 18, 2023, at 10:30 a.m., via Zoom. Signed by Judge Randolph D. Moss on 7/17/2023. (lcrdm2) (Entered: 07/17/2023)
2023-08-18Minute Entry for video Initial Scheduling Conference held before Judge Randolph D. Moss on 8/18/2023. The Defendant is directed to file a vaughn index and declarations due by 9/18/2023. Pre-motion Conference set for 10/12/2023 at 2:30 PM by VTC before Judge Randolph D. Moss. (Court Reporter: Tamara Sefranek) (lsj) (Entered: 08/18/2023)
2023-09-1414Consent MOTION for Extension of Time to Serve Vaughn index and declaration(s) by FEDERAL HIGHWAY ADMINISTRATION. (Johnson, Stephanie) (Entered: 09/14/2023)
2023-09-14MINUTE ORDER: Upon consideration of Defendant's Consent Motion for Extension of Time, Dkt. 14 , it is hereby ORDERED that the motion is GRANTED. It is further ORDERED that Defendant shall provide Plaintiff with the Vaughn index and declarations on or before October 2, 2023. The Pre-Motion Conference currently set for October 12, 2023 by VTC is hereby VACATED and RESCHEDULED for October 31, 2023 at 10:00 a.m. by Zoom. Defendant shall file its pre-motion conference statement on or before October 17, 2023, and Plaintiff shall file its pre-motion conference statement on or before October 24, 2023. Signed by Judge Randolph D. Moss on 9/14/23. (lcrdm2) (Entered: 09/14/2023)
2023-09-3015NOTICE OF COMPLIANCE WITH THE COURT'S SEPTEMBER 14, 2023, MINUTE ORDER by FEDERAL HIGHWAY ADMINISTRATION (Johnson, Stephanie) (Entered: 09/30/2023)
2023-10-1216Consent MOTION for Extension of Time to File Pre-Motion Notice , Consent MOTION to Modify Schedule by FEDERAL HIGHWAY ADMINISTRATION. (Johnson, Stephanie) (Entered: 10/12/2023)
2023-10-16MINUTE ORDER: Upon consideration of Defendant's Consent Motion for Extension of Time and Motion to Modify the Schedule, Dkt. 16 , it is hereby GRANTED IN PART. Defendants shall file their pre-motion notice on or before Oct. 31, 2023, and Plaintiffs shall file their pre-motion notice on or before November 10, 2023. Parties shall appear in person for a pre-motion conference on Nov. 15, 2023, at 2:30 p.m. in Courtroom 8. Signed by Judge Randolph D. Moss on 10/16/23. (lcrdm2) (Entered: 10/16/2023)
2023-10-3017Consent MOTION for Extension of Time to File Pre-Motion Notice , Consent MOTION to Modify the Schedule by FEDERAL HIGHWAY ADMINISTRATION. (Johnson, Stephanie) (Entered: 10/30/2023)
2023-10-31MINUTE ORDER: Upon consideration of Defendant's Consent Motion for Extension of Time and to Modify the Schedule, Dkt. 17 , it is hereby ORDERED that the motion is GRANTED. It is further ORDERED that (1) Defendant shall file its pre-motion notice on or before November 10, 2023, (2) Plaintiffs shall file their response on or before November 17, 2023, and (3) the parties shall appear in person for a pre-motion conference on Nov. 27, 2023, at 2:30 p.m. in Courtroom 8. Signed by Judge Randolph D. Moss on 10/31/23. (lcrdm2) (Entered: 10/31/2023)
2023-11-0918MOTION to Vacate Schedule by FEDERAL HIGHWAY ADMINISTRATION. (Johnson, Stephanie) (Entered: 11/09/2023)
2023-11-09MINUTE ORDER: Upon consideration of Defendant's Motion to Vacate Schedule, Dkt. 18 , it is hereby ORDERED that the motion is GRANTED in part and DENIED in part. It is further ORDERED that the schedule set in the Court's Oct. 31, 2023, Minute Order is VACATED, and the parties shall submit a joint status report on or before close of business on Nov. 13, 2023, proposing a new schedule. Signed by Judge Randolph D. Moss on 11/9/23. (lcrdm2) (Entered: 11/09/2023)
2023-11-1319Joint STATUS REPORT by MARYLAND TRANSIT OPPORTUNITIES COALITION, BENJAMIN ROSS. (Gluckman, Todd) (Entered: 11/13/2023)
2023-11-14MINUTE ORDER: Upon consideration of the parties' Joint Status Report, Dkt. 19 , it is hereby ORDERED that the schedule proposed by the parties is adopted such that (1) Defendant shall file its pre-motion notice on or before December 8, 2023; (2) Plaintiffs shall file their pre-motion notice on or before December 15, 2023; and (3) the parties shall appear for a pre-motion conference on December 18, 2023, at 10:00 a.m. in Courtroom 8. Signed by Judge Randolph D. Moss on 11/14/23. (lcrdm2) (Entered: 11/14/2023)
2023-12-0820NOTICE PRE-MOTION NOTICE by FEDERAL HIGHWAY ADMINISTRATION (Johnson, Stephanie) (Entered: 12/08/2023)
2023-12-1521NOTICE (Plaintiffs' Pre-Motion Notice) by MARYLAND TRANSIT OPPORTUNITIES COALITION, BENJAMIN ROSS (Gluckman, Todd) (Entered: 12/15/2023)
2023-12-18Minute Entry for proceedings held before Judge Randolph D. Moss: Pre-motion Conference held on 12/18/2023. Defendant to file a motion of summary judgment on or before 1/26/2024; Plaintiff's response and any cross motion to be filed on or before 2/26/2024; Defendant's reply and/or opposition due on or before 3/19/2024. Plaintiff's final reply due on or before 4/9/2024. (Court Reporter Tammi Sefranek) (zglw) (Entered: 12/18/2023)
2024-01-2322Consent MOTION for Extension of Time to File Motion for Summary Judgment , Consent MOTION to Modify Briefing Schedule by FEDERAL HIGHWAY ADMINISTRATION. (Johnson, Stephanie) (Entered: 01/23/2024)
2024-01-24MINUTE ORDER: Upon consideration of Defendant's Consent Motion for Extension of Time, Dkt. 22 , it is hereby ORDERED that the motion is GRANTED. It is further ORDERED that (1) Defendant shall file its motion for summary judgment on or before February 16, 2024; (2) Plaintiffs will file their combined motion for summary judgment and opposition on or before March 18, 2024; (3) Defendant will file its combined opposition and reply on or before April 9, 2024; and (4) Plaintiffs will file their reply on or before April 30, 2024. Signed by Judge Randolph D. Moss on 1/24/24. (lcrdm2) (Entered: 01/24/2024)
2024-02-0223TRANSCRIPT OF PREMOTION CONFERENCE before Judge Randolph D. Moss held on 12/18/23; Page Numbers: 1-16. Date of Issuance:2/2/24. Court Reporter/Transcriber Tamara Sefranek, Telephone number 202-354-3246, Transcripts may be ordered by submitting the Transcript Order Form For the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter. NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 2/23/2024. Redacted Transcript Deadline set for 3/4/2024. Release of Transcript Restriction set for 5/2/2024.(Sefranek, Tamara) (Entered: 02/02/2024)
2024-02-1124Joint MOTION to Vacate AND SET A NEW SCHEDULE by FEDERAL HIGHWAY ADMINISTRATION. (Attachments: # 1 Text of Proposed Order)(Johnson, Stephanie) (Entered: 02/11/2024)
2024-02-12MINUTE ORDER: Upon consideration of the parties' joint motion to vacate and set new schedule, Dkt. 24 , it is hereby ORDERED that the motion is GRANTED. It is further ORDERED that (1) the current schedule is VACATED and (2) the parties shall submit a joint status report on or before March 22, 2024. Signed by Judge Randolph D. Moss on 2/12/24. (lcrdm2) (Entered: 02/12/2024)
2024-03-2225Joint STATUS REPORT by FEDERAL HIGHWAY ADMINISTRATION. (Johnson, Stephanie) (Entered: 03/22/2024)
2024-03-22MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 25 , it is hereby ORDERED that the parties shall submit a further joint status report on or before April 24, 2024. Signed by Judge Randolph D. Moss on 3/22/24. (lcrdm2) (Entered: 03/22/2024)
2024-04-2426Joint STATUS REPORT by FEDERAL HIGHWAY ADMINISTRATION. (Johnson, Stephanie) (Entered: 04/24/2024)
2024-04-24MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 26 , and in light of Defendant's representation that it anticipates responding to Plaintiffs' offer by May 10, 2024, it is hereby ORDERED that the parties continue to meet and confer and file a further joint status report on or before May 17, 2024. Signed by Judge Randolph D. Moss on 4/24/24. (lcrdm2) (Entered: 04/24/2024)
2024-05-1727Joint STATUS REPORT by FEDERAL HIGHWAY ADMINISTRATION. (Johnson, Stephanie) (Entered: 05/17/2024)
2024-05-20MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 27 , it is hereby ORDERED that (1) the matter is REFERRED to the Mediation Program of the U.S. Courts of the D.C. Circuit; (2) the matter is STAYED pending mediation; and (3) the parties shall file a further joint status report on or before July 31, 2024, updating the Court on the status of mediation. Signed by Judge Randolph D. Moss on 5/20/24. (lcrdm2) (Entered: 05/20/2024)
2024-07-3128Joint STATUS REPORT by FEDERAL HIGHWAY ADMINISTRATION. (Johnson, Stephanie) (Entered: 07/31/2024)
2024-08-01MINUTE ORDER: Upon consideration of the parties' Joint Status Report, Dkt. 28 , it is hereby ORDERED that this matter remain stayed pending further order of the Court and that the parties file a further Joint Status Report on or before August 30, 2024. Signed by Judge Randolph D. Moss on 8/1/24. (lcrdm2) (Entered: 08/01/2024)
2024-08-3029Joint STATUS REPORT by FEDERAL HIGHWAY ADMINISTRATION. (Johnson, Stephanie) (Entered: 08/30/2024)
2024-08-30MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 29 , it is hereby ORDERED that the matter remain STAYED pending the close of mediation. The parties shall submit a further joint status report on or before September 30, 2024. Signed by Judge Randolph D. Moss on 8/30/2024. (lcrdm2) (Entered: 08/30/2024)
2024-08-30Case Stayed pending the close of mediation. (zglw) (Entered: 09/03/2024)
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