Case Detail

FOIA Project Annotation: Judge Ellen Segal Huvelle has ruled that Joan Wadelton, a former Foreign Service Officer, has not shown that she is entitled to expedited processing of her request concerning her employment. Joined by the media organization Truthout, Wadelton made three requests for records related to her employment. While State was able to process the third request within a matter of months, the agency denied Wadelton's request for expedited processing for all three requests. She then filed suit. Huvelle noted that Wadelton could not show that there was a "compelling need" for expedited treatment of her requests. In support of her position, Wadelton argued that her story had been the subject of a series of articles by an international affairs blogger, her allegations had led to a 2010 investigation by State's Inspector General, that GAO was investigating her allegations, and that Truthout "intended" to publish an in-depth story about her. Huvelle found none of these claims rose to the level of "compelling need" under the statute. She noted that "this issue may be of concern to the Foreign Service community, but that does not mean that it is 'a breaking news story of general public interest. . .[A]n ongoing GAO investigation indicates that someone is concerned about this topic, but the GAO does many hundreds of investigations each year, many on arcane aspects of the functioning of the federal government that could hardly be said to be of great interest to the American public." Huvelle observed that State had provided no evidence that it would be injured by granting expedition. However, she pointed out that "the Court is well aware that many FOIA requesters are standing in line waiting for the agency to fulfill their obligations under FOIA and sequestration will undoubtedly only diminish the agency's ability to respond in the future to FOIA requests in a timely fashion."
Issues: Expedited processing

FOIA Project Annotation: Judge Tanya Chutkan has ruled that the State Department has failed to show that it conducted an adequate search for records pertaining to retired Foreign Service Officer Joan Wadelton's complaints about her non-promotion. Wadelton requested the Bureau of Human Resources, which was the target of her non-promotion challenge, and the Office of the Undersecretary for Management for any email regarding her. Melinda Chandler, the Director of Grievance, conducted an electronic search, including her email account, and Undersecretary for Management Patrick Kennedy searched his emails. Management also searched the Retired Records Inventory Management System. Wadelton argued the agency's search was too limited. Chutkan agreed, noting that "defendant's justification for limiting its search in this case raises more questions than it answers and does not confirm that Chandler's files were the only files 'likely to contain responsive documents'" because it was not clear why Chandler was the only person in her Bureau likely to have responsive records or whether other staff might have responsive records. The agency had explained that Kennedy's office did not maintain any paper records. Although it later clarified this to mean only Kennedy's personal office, Chutkan pointed out that "without additional clarity, State's representations seem to suggest that no one in Management ever prints and preserves any documents." Wadelton argued that neither Chandler nor Kennedy should have been allowed to search their emails personally because it was a conflict of interest. But Chutkan observed that "plaintiff's assumption that Chandler and Kennedy must have acted in bad faith because they were at one point named as defendants in Wadelton's lawsuit against the Government does not rise to the level of proof necessary to overcome this presumption." The agency had claimed that some records were protected by Exemption 5 (privileges), citing the attorney work-product privilege and the deliberative process privilege. Chutkan examined whether Wadelton's complaints to the Inspector General and the Office of Special Counsel qualified as anticipated litigation. She indicated that Wadelton's complaints to OIG and OSC reported suspected violations of the law. She noted that "it is clear then, that both OSC and OIG were investigating 'particular transactions' such that documents related to the investigation ought to fall within the scope of the work-product protection." She found other documents qualified for the deliberative process privilege unless they pertained to final decisions. She faulted the agency's failure to sufficiently explain its segregability analysis, observing that "if the final decision is reflected somewhere in those notes, that decision is likely not shielded from disclosure and, to the extent reasonable and practicable, should have been produced with redactions over the legitimately privileged material. Either the final decision is not reflected in the documents, in which case full withholding is appropriate, or the final decision is reflected in the documents, in which case State must provide additional information justifying the decision not to redact the predecisional material and produce the final decision."
Issues: Segregability - Disclosure of all non-exempt records, Exemption 5 - Privileges, Adequacy - Search

FOIA Project Annotation: Judge Tanya Chutkan has ruled that the State Department has now sufficiently justified its search for records concerning Joan Wadelton, a retired Foreign Service officer litigating her non-promotion, as well as its claims of Exemption 5 (privileges) for seven memos prepared by the Legal Advisor. Chutkan previously found that the agency had not explained why it limited its search of the Bureau of Human Resources and the Office of the Under Secretary for Management, but agreed that the agency's supplemental explanations were sufficient. Chutkan was troubled by the agency's inability to find several DVDs containing emails pertaining to Wadelton's case, but she disagreed that the missing DVDs undercut the agency's search, pointing out that "State's only obligation is to conduct a reasonable search, and the court has no reason not to credit [the agency's] assertion that the search for the DVDs was 'extensive.' Furthermore, according to State's described policy, it appears that the emails contained on the DVDs would be copies of the same 'record' emails saved in Wadelton's paper file." Wadelton contested the claim of attorney work-product to protect the seven memos from the search of Legal. One document Wadelton challenged was an unsigned handwritten note. Wadelton argued that "the document cannot be exempt work product if neither the recipient nor the author are known." State explained the note pertained to a timeline created by the Office of Special Counsel and that "communications between the Office of Special Counsel and other offices and divisions are handled by Legal attorneys and the document is a note describing such a communication." Wadelton claimed that one memo describing a meeting should be subject to a segregability analysis because the agency claimed a Privacy Act exemption as well. Chutkan pointed out that "defendant's invocation of the Privacy Act as well as the work-product exemption does not make a segregabiility analysis necessary. Even if Plaintiffs were correct that the Privacy Act exemption (k)(2) requires an agency to segregate non-exempt portions of a document from exempt portions, or explain why all parts are exempt, the four documents described here would nonetheless be fully protected y Exemption 5. Defendants are not required to demonstrate that the material was not segregable."
Issues: Exemption 5 - Privileges - Attorney work-product privilege, Adequacy - Search

FOIA Project Annotation: Judge Tanya Chutkan has ruled that former foreign service officer Joan Wadelton, joined by the media outlet Truthout, is entitled to attorney's fees for their litigation against the Department of State pertaining to the Bureau of Human Resources' attempts to force Wadelton to resign, although Chutkan reduced the amount requested to $11,727 after opting to adopt the more stringent USAO matrix over the LSI matrix that Wadelton urged Chutkan to use. State argued that Wadelton had not shown that disclosure of the records was in the public interest. Chutkan, however, pointed out that her case had been written up in an article that appeared in The Atlantic, and noted that "Wadelton's allegations of wrongdoing, coupled with governmental investigations and media attention regarding the leadership vacuum at the OIG, are sufficient to convince this court that the requested records had more than 'potential' or 'likely' public value." Chutkan also pointed to Truthout's involvement in the litigation as evidence of media interest. She observed that "the Truthout journalist Jason Leopold wrote an article about Wadelton and sought approval to publish the article, but it appears it was never published. The reasons for this are unclear, but clearly there was media interest in the requested records." State argued its basis for withholding the records was reasonable. Chutkan responded, noting that "State did not provide a reasoned explanation for why it needed eighteen months and sequential rounds of review to process the records, and at several later intervals, the court ordered State to move more quickly than it had claimed to be able to do." Wadelton and Truthout had requested $19,200 in fees and costs. Turning to the reasonableness of the fee calculation, Chutkan acknowledged that courts had accepted both the USAO and LSI matrices in various attorney's fees decisions. But here, she accepted the USAO matrix, noting that "the changes to the matrix, as well as the more recent survey data used to develop its rates, indicate that the 2015 version provides a more 'useful starting point,' for calculating fees than does the prior version. Moreover, Plaintiffs have failed to meet their burden of establishing that the LSI's higher rates are justified and have not fully addressed the concerns raised by State's expert regarding the matrix." Chutkan rejected Wadelton's request for fees on fees for arguing the attorney's fees issue, finding the plaintiffs had been unsuccessful on that issue.
Issues: Litigation - Attorney's fees - Entitlement - Public benefit, Litigation - Attorney's fees - Entitlement - Calculation of award

Date Filed	Doc #	Docket Text
2013-04-01	1	COMPLAINT against DEPARTMENT OF STATE ( Filing fee $ 350 receipt number 0090-3267209) filed by JOAN WADELTON, TRUTHOUT. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit A - Kushlis articles)(McClanahan, Kelly) Modified on 4/1/2013 (rdj). (Entered: 04/01/2013)
2013-04-01	2	LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by TRUTHOUT (McClanahan, Kelly) (Entered: 04/01/2013)
2013-04-01	3	MOTION for Preliminary Injunction by TRUTHOUT, JOAN WADELTON (Attachments: # 1 Exhibit A - EP letter, # 2 Text of Proposed Order)(McClanahan, Kelly) (Entered: 04/01/2013)
2013-04-01	4	NOTICE (Summonses) by TRUTHOUT, JOAN WADELTON re 2 LCvR 7.1 Certificate of Disclosure - Corporate Affiliations/Financial Interests, 1 Complaint, 3 MOTION for Preliminary Injunction (Attachments: # 1 Summons, # 2 Summons)(McClanahan, Kelly) (Entered: 04/01/2013)
2013-04-01		Case Assigned to Judge Ellen S. Huvelle. (md, ) (Entered: 04/01/2013)
2013-04-01	5	ELECTRONIC SUMMONS Issued (3) as to DEPARTMENT OF STATE, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Summons 2nd, # 2 Summons 3rd, # 3 Notice of Consent, # 4 Consent Form)(md, ) (Entered: 04/01/2013)
2013-04-05	6	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 4/5/2013. ( Answer due for ALL FEDERAL DEFENDANTS by 5/5/2013.), RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 4/5/2013., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. DEPARTMENT OF STATE served on 4/5/2013 (McClanahan, Kelly) (Entered: 04/05/2013)
2013-04-09		MINUTE ORDER: Pursuant to the teleconference held on this date, it is HEREBY ORDERED that defendant's opposition to plaintiffs' motion for a preliminary injunction shall be filed on or before 4/15/13; and it is further ORDERED that plaintiffs' reply shall be filed on or before 4/19/13. A motion hearing is set for 4/24/13 at 10:00 AM in Courtroom 23A before Judge Ellen S. Huvelle. Signed by Judge Ellen S. Huvelle on 4/9/13. (lcesh1) (Entered: 04/09/2013)
2013-04-09		Minute Entry for proceedings held before Judge Ellen S. Huvelle: Telephone Conference held in Chambers on 4/9/2013. (gdf) (Entered: 04/16/2013)
2013-04-10		Set/Reset Deadlines/Hearings: Response due by 4/15/2013 Reply due by 4/19/2013. Motion Hearing set for 4/24/2013 at 10:00 AM in Courtroom 23A before Judge Ellen S. Huvelle. (gdf) (Entered: 04/10/2013)
2013-04-15	7	Memorandum in opposition to re 3 MOTION for Preliminary Injunction filed by DEPARTMENT OF STATE. (Attachments: # 1 Exhibit A - Walter Declaration, # 2 Exhibit B - Kosow Declaration)(Haynes, Fred) (Entered: 04/15/2013)
2013-04-19	8	REPLY to opposition to motion re 3 MOTION for Preliminary Injunction filed by TRUTHOUT, JOAN WADELTON. (Attachments: # 1 Exhibit B - Leopold declaration, # 2 Exhibit C - McClanahan declaration)(McClanahan, Kelly) (Entered: 04/19/2013)
2013-04-23		MINUTE ORDER: It is HEREBY ORDERED that the Motion Hearing previously scheduled for 4/24/2013 at 10:00 AM in Courtroom 23A is VACATED. The Court intends to decide the Preliminary Injunction Motion based on the record and the presentations in the briefs. A written opinion will follow. Signed by Judge Ellen S. Huvelle on 4/23/13.(lcesh1) (Entered: 04/23/2013)
2013-04-23	9	NOTICE of Filing of Additional Exhibit by TRUTHOUT, JOAN WADELTON re 8 Reply to opposition to Motion (Attachments: # 1 Exhibit D - Atlantic article)(McClanahan, Kelly) (Entered: 04/23/2013)
2013-04-25	10	MEMORANDUM AND OPINION. Signed by Judge Ellen S. Huvelle on 4/25/13. (lcesh1) (Entered: 04/25/2013)
2013-04-25	11	ORDER denying 3 Motion for Preliminary Injunction for the reasons stated in the accompanying 10 Memorandum Opinion. Signed by Judge Ellen S. Huvelle on 4/25/13. (lcesh1) (Entered: 04/25/2013)
2013-05-06	12	Consent MOTION for Extension of Time to File Answer re 1 Complaint, by DEPARTMENT OF STATE (Haynes, Fred) (Entered: 05/06/2013)
2013-05-08		MINUTE ORDER granting 12 Consent Motion for Extension of Time to Answer: Upon consideration of the consent motion by the defendant for an extensionof time to answer the complaint, it is hereby ORDERED that the motion is granted; and it is further ORDERED that defendant shall have to and including May 13, 2013, to answer the complaint. Signed by Judge Ellen S. Huvelle on May 8, 2013. (AG) (Entered: 05/08/2013)
2013-05-08		Set/Reset Deadlines: Answer due by 5/13/2013. (zmm, ) (Entered: 05/08/2013)
2013-05-13	13	Consent MOTION for Extension of Time to File Answer re 1 Complaint, by DEPARTMENT OF STATE (Haynes, Fred) (Entered: 05/13/2013)
2013-05-14		MINUTE ORDER granting 13 Consent Motion for Extension of Time to Answer: Upon consideration of the consent motion by the defendant for a one-day further extension of time to answer the complaint, it is hereby ORDERED that the motion is granted; and it is further ORDERED that defendant shall have to and including May 14, 2013, to answer the complaint. Signed by Judge Ellen S. Huvelle on May 14, 2013. (AG) (Entered: 05/14/2013)
2013-05-14	14	ANSWER to Complaint by DEPARTMENT OF STATE.(Haynes, Fred) (Entered: 05/14/2013)
2013-05-14		MINUTE ORDER: As the requirements of Local Civil Rule 16.3 and Rule 26(f) of the Federal Rules of Civil Procedure are inapplicable to this FOIA case, it is hereby ORDERED that the parties shall confer and file a joint proposed briefing schedule by May 28, 2013. Signed by Judge Ellen S. Huvelle on May 14, 2013. (AG) (Entered: 05/14/2013)
2013-05-15		Set/Reset Deadlines: Joint Proposed Briefing Schedule due by 5/28/2013. (zmm, ) (Entered: 05/15/2013)
2013-05-28	15	Consent MOTION for Extension of Time to File Briefing Schedule by DEPARTMENT OF STATE (Haynes, Fred) (Entered: 05/28/2013)
2013-05-29		MINUTE ORDER granting 15 Motion for Extension of Time: Upon consideration of the consent motion by the defendant for a one-week extension of time for the parties to submit a briefing schedule, it is hereby ORDERED that the motion is granted; and it is further ORDERED that the parties will submit the briefing schedule by June 4,2013. Signed by Judge Ellen S. Huvelle on May 29, 2013. (AG) (Entered: 05/29/2013)
2013-05-29		Set/Reset Deadlines: Briefing Schedule due by 6/4/2013. (zmm, ) (Entered: 05/29/2013)
2013-06-03	16	NOTICE of Proposed Briefing Schedule by DEPARTMENT OF STATE (Haynes, Fred) (Entered: 06/03/2013)
2013-06-21	17	NOTICE of Revised Proposed Briefing Schedule on Consent by DEPARTMENT OF STATE (Haynes, Fred) (Entered: 06/21/2013)
2013-07-01	18	MOTION for Order to Establish Production Schedule by DEPARTMENT OF STATE (Haynes, Fred) (Entered: 07/01/2013)
2013-07-18	19	Consent MOTION for Extension of Time to File Response/Reply as to 18 MOTION for Order to Establish Production Schedule by TRUTHOUT, JOAN WADELTON (Attachments: # 1 Text of Proposed Order)(McClanahan, Kelly) (Entered: 07/18/2013)
2013-07-19		MINUTE ORDER granting 19 Consent Motion for Extension of Time to File Response re 18 MOTION for Order to Establish Production Schedule: UPON CONSIDERATION of Plaintiffs' Consent Motion for Enlargement of Time to Respond to Defendant's Motion to Establish Briefing Schedule, and the entire record herein, it is hereby ORDERED that Plaintiffs' Motion is GRANTED; and it is further ORDERED that plaintiffs' response is due by 7/22/2013. Signed by Judge Ellen S. Huvelle on July 19, 2013. (AG) (Entered: 07/19/2013)
2013-07-19		Set/Reset Deadlines: Response to 18 motion due by 7/22/2013. (zmm, ) (Entered: 07/19/2013)
2013-07-22	20	Memorandum in opposition to re 18 MOTION for Order to Establish Production Schedule filed by TRUTHOUT, JOAN WADELTON. (Attachments: # 1 Text of Proposed Order)(McClanahan, Kelly) (Entered: 07/22/2013)
2013-07-22	21	ERRATA by DEPARTMENT OF STATE 18 MOTION for Order to Establish Production Schedule filed by DEPARTMENT OF STATE. (Attachments: # 1 Exhibit A - Second Declaration of Sherly L. Walter)(Haynes, Fred) (Entered: 07/22/2013)
2013-07-22	22	Cross MOTION for Briefing Schedule by TRUTHOUT, JOAN WADELTON (Attachments: # 1 Text of Proposed Order)(McClanahan, Kelly) (Entered: 07/22/2013)
2013-08-08	23	Consent MOTION for Extension of Time to File Response/Reply as to 22 Cross MOTION for Briefing Schedule by DEPARTMENT OF STATE (Haynes, Fred) (Entered: 08/08/2013)
2013-08-08		MINUTE ORDER granting 23 Consent MOTION for Extension of Time to File Response as to 22 Cross MOTION for Briefing Schedule: Upon consideration of the consent motion by defendant for an extension of time to respond to plaintiff's cross-motion to establish a briefing schedule, it is hereby ORDERED that the motion is granted; and it is further ORDERED that defendant shall have to and including August 15, 2013, to respond to the cross-motion. Signed by Judge Ellen S. Huvelle on August 8, 2013.(AG) (Entered: 08/08/2013)
2013-08-08		Set/Reset Deadlines/Hearings: Response to 22 Cross Motion due by 8/15/2013. (cdw) (Entered: 08/09/2013)
2013-08-15	24	Memorandum in opposition to re 22 Cross MOTION for Briefing Schedule filed by DEPARTMENT OF STATE. (Attachments: # 1 Exhibit A -- Third Walter Declaration)(Haynes, Fred) (Entered: 08/15/2013)
2013-08-20		MINUTE ORDER Setting Hearing on 18 MOTION for Order to Establish Production Schedule, and 22 Cross MOTION for Briefing Schedule: Motion Hearing set for August 29, 2013, at 09:30 AM in Courtroom 23A before Judge Ellen S. Huvelle. Signed by Judge Ellen S. Huvelle on August 20, 2013. (lcesh1) (Entered: 08/20/2013)
2013-08-22		Set/Reset Hearings: Motion Hearing set for 8/29/2013 09:30 AM in Courtroom 23A before Judge Ellen S. Huvelle. (zmm, ) (Entered: 08/22/2013)
2013-08-26	25	REPLY to opposition to motion re 22 Cross MOTION for Briefing Schedule filed by TRUTHOUT, JOAN WADELTON. (McClanahan, Kelly) (Entered: 08/26/2013)
2013-08-29	26	ORDER granting in part 18 Defendant's Motion to Establish Production Schedule, and granting in part 22 Plaintiff's Cross-Motion to Establish and Briefing Schedule. Defendant will complete production of HR and M documents no later than March 31, 2014. An interim status conference is set for December 18, 2013, at 9:30 a.m. in Courtroom 23A. See order for further details. Signed by Judge Ellen S. Huvelle on August 29, 2013. (lcesh1) (Entered: 08/29/2013)
2013-08-30		Minute Entry for proceedings held before Judge Ellen S. Huvelle: Motion Hearing held on 8/30/2013 re 18 Motion to Establish Production Schedule and 22 Cross-Motion to Establish a Briefing Schedule. Motion 18 heard and granted in part. Motion 22 heard and granted in part. Status Conference set for 12/18/2013 @ 9:30 a.m. in Courtroom 23A before Judge Ellen S. Huvelle. Order to enter. (Court Reporter Vicki Eastvold) (zmm, ) (Entered: 08/30/2013)
2013-08-30		Set/Reset Deadlines: Defendant will complete production of documents from the Bureau of Human Resources and Office of the Undersecretary of Management by 3/31/2014. Status Report due by 12/4/2013. (zmm, ) (Entered: 08/30/2013)
2013-12-04	27	STATUS REPORT by DEPARTMENT OF STATE. (Haynes, Fred) (Entered: 12/04/2013)
2013-12-14	28	Joint MOTION for Scheduling Order Rescheduling Status Conference by TRUTHOUT, JOAN WADELTON (Attachments: # 1 Text of Proposed Order)(McClanahan, Kelly) (Entered: 12/14/2013)
2013-12-15		MINUTE ORDER granting 28 Consent Motion for Scheduling Order: UPON CONSIDERATION OF the Joint Motion to Reschedule Status Conference, and the entire record herein, it is hereby ORDERED that the Motion is GRANTED; and it is further ORDERED that the Status Conference presently set for December 18, 2013, is rescheduled for April 16, 2014, at 9:15 a.m. Signed by Judge Ellen S. Huvelle on December 15, 2013. (AG) (Entered: 12/15/2013)
2013-12-16		Set/Reset Hearings: Status Conference set for 4/16/2014 at 9:15 AM in Courtroom 23A before Judge Ellen S. Huvelle. (tcb) (Entered: 12/16/2013)
2013-12-26		Set/Reset Hearings: Status Conference set for 4/16/2014 09:15 AM in Courtroom 23A before Judge Ellen S. Huvelle. (zmm, ) (Entered: 12/26/2013)
2014-04-16		Minute Entry for proceedings held before Judge Ellen S. Huvelle: Status Conference held on 4/16/2014. Joint Status Report due by 5/29/2014. Next Status Conference set for 6/4/2014 @ 11:00 AM in Courtroom 23A before Judge Ellen S. Huvelle. (Court Reporter Lisa Griffith) (zmm, ) (Entered: 04/16/2014)
2014-05-29	29	Consent MOTION for Extension of Time to File Joint Status Report and to Reschedule the Status Hearing by DEPARTMENT OF STATE (Haynes, Fred) (Entered: 05/29/2014)
2014-05-30		MINUTE ORDER granting 29 Consent Motion for Extension of Time: Upon consideration of the consent motion for an extension of time for the parties to file their joint status report and for a rescheduling of the next status hearing, it is hereby ORDERED that the motion is granted; and it is further ORDERED that the parties shall file their joint status report by June 5, 2014; and it is further ORDERED that the status hearing presently set for June 4, 2014, is CONTINUED until Tuesday, June 10, 2014, at 9:30 am. Signed by Judge Ellen S. Huvelle on May 30, 2014. (AG) (Entered: 05/30/2014)
2014-05-30		Set/Reset Deadlines/Hearings: Joint Status Report due by 6/5/2014. Status Conference set for 6/10/2014 09:30 AM in Courtroom 23A before Judge Ellen S. Huvelle. (zmm, ) (Entered: 05/30/2014)
2014-06-05	30	STATUS REPORT (Joint) by DEPARTMENT OF STATE. (Haynes, Fred) (Entered: 06/05/2014)
2014-06-06		Case reassigned to Judge Tanya S. Chutkan. Judge Ellen S. Huvelle no longer assigned to the case. (ztnr, ) (Entered: 06/06/2014)
2014-06-06		Case directly reassigned to Judge Ellen S. Huvelle, as assignment to Judge Chutkan was in error. Judge Tanya S. Chutkan no longer assigned to the case. (gt, ) (Entered: 06/06/2014)
2014-06-09		Case reassigned to Judge Tanya S. Chutkan. Judge Ellen S. Huvelle no longer assigned to the case. (ztnr, ) (Entered: 06/09/2014)
2014-06-10	31	SCHEDULING ORDER setting schedule for production of modified Vaughn index, joint status reports, and briefing schedule for the first round of summary judgment motions. (See Order for details.) Signed by Judge Ellen S. Huvelle on June 10, 2014. (lcesh1) (Entered: 06/10/2014)
2014-06-10		Minute Entry for proceedings held before Judge Ellen S. Huvelle: Status Conference held on 6/10/2014. (Court Reporter Barbara DeVico) (zmm, ) (Entered: 06/10/2014)
2014-06-10		ENTERED IN ERROR (DUPLICATE DOCKET ENTRY).....Minute Entry for proceedings held before Judge Ellen S. Huvelle: Status Conference held on 6/10/2014. Order to enter. (Court Reporter Barbara DeVico) (zmm, ) Modified on 6/10/2014 (zmm, ). (Entered: 06/10/2014)
2014-06-30	32	Consent MOTION for Extension of Time to Serve the Modified Vaughn Index on Plaintiffs by DEPARTMENT OF STATE (Haynes, Fred) (Entered: 06/30/2014)
2014-07-01		MINUTE ORDER: Defendant's Consent Motion 32 for Extension of Time to Serve the Modified Vaughn Index on Plaintiffs is hereby granted. The Defendant shall serve the Modified Vaughn Index on Plaintiffs not later than July 2. Signed by Judge Ellen S. Huvelle for Judge Tanya S. Chutkan on 7/1/14. (lctsc1) (Entered: 07/01/2014)
2014-07-28	33	STATUS REPORT (Joint) by TRUTHOUT, JOAN WADELTON. (McClanahan, Kelly) (Entered: 07/28/2014)
2014-09-04	34	Consent MOTION for Extension of Time to File Defendant's Motion for Partial Summary Judgment by DEPARTMENT OF STATE (Haynes, Fred) (Entered: 09/04/2014)
2014-09-05		MINUTE ORDER: Granting 34 Consent Motion for Extension of Time; Defendant's partial summary judgment motion due by October 24, 2014. Plaintiff's opposition due by November 24, 2014. Defendant's reply due by December 15, 2014. Defendant shall complete its production of the remainder of the L documents on or before February 2, 2015. The parties shall file a joint status report by March 2, 2015, proposing a briefing schedule for the second round of summary judgment motions. Signed by Judge Tanya S. Chutkan on 9/5/14. (DJS) (Entered: 09/05/2014)
2014-10-22	35	NOTICE of Appearance by Wynne Patrick Kelly on behalf of DEPARTMENT OF STATE (Kelly, Wynne) (Entered: 10/22/2014)
2014-10-22	36	Consent MOTION for Extension of Time to File Defendant's Motion for Partial Summary Judgment by DEPARTMENT OF STATE (Attachments: # 1 Text of Proposed Order)(Kelly, Wynne) (Entered: 10/22/2014)
2014-10-22	37	RESPONSE re 36 Consent MOTION for Extension of Time to File Defendant's Motion for Partial Summary Judgment filed by TRUTHOUT, JOAN WADELTON. (McClanahan, Kelly) (Entered: 10/22/2014)
2014-10-23		MINUTE ORDER: Granting 36 Consent Motion for Extension of Time to File Motion for Partial Summary Judgment. Defendant shall file its Motion not later than November 24, 2014. Plaintiff's response shall be filed not later than January 13, 2015. Signed by Judge Tanya S. Chutkan on 10/23/14. (DJS) (Entered: 10/23/2014)
2014-10-23		Set/Reset Deadlines: Parital Summary Judgment motion due by 11/24/2014. Response to Motion for Partial Summary Judgment due by 1/13/2015. (sm) (Entered: 10/23/2014)
2014-11-21	38	NOTICE OF WITHDRAWAL OF APPEARANCE as to DEPARTMENT OF STATE. Attorney Wynne Patrick Kelly terminated. (Kelly, Wynne) (Entered: 11/21/2014)
2014-11-24	39	Consent MOTION for Extension of Time to File Motion for Partial Summary Judgment by DEPARTMENT OF STATE (Haynes, Fred) (Entered: 11/24/2014)
2014-11-25		MINUTE ORDER: Granting 39 Consent Motion for Extension of Briefing Schedule. Defendant shall have to and including December 15, 2014, to file its partial summary judgment motion and Plaintiff's opposition to that motion is due by February 3, 2015. Signed by Judge Tanya S. Chutkan on 11/25/14. (DJS) (Entered: 11/25/2014)
2014-11-25		Set/Reset Deadlines: Summary Judgment motion due by 12/15/2014. Response to Motion for Summary Judgment due by 2/3/2015. (sm) (Entered: 11/25/2014)
2014-12-15	40	Consent MOTION for Extension of Time to File Partial Summary Judgment Motion by DEPARTMENT OF STATE (Haynes, Fred) (Entered: 12/15/2014)
2014-12-16		MINUTE ORDER: Granting 40 Consent Motion for Extension of Time to File Motion for Summary Judgment. Consistent with the agreement of the parties, it is hereby ordered that defendant shall have to and including December 23, 2014, to file its partial summary judgment motion and the remaining deadlines shall remain unchanged. Signed by Judge Tanya S. Chutkan on 12/16/14. (DJS) (Entered: 12/16/2014)
2014-12-17		Set/Reset Deadlines: Defendant's Summary Judgment motion due by 12/23/2014. (sm) (Entered: 12/17/2014)
2014-12-22	41	NOTICE of Service of Declaration and Vaughn Index by DEPARTMENT OF STATE (Haynes, Fred) (Entered: 12/22/2014)
2014-12-22	42	Consent MOTION for Extension of Time to File Motion for Partial Summary Judgment as to the HR and M Documents by DEPARTMENT OF STATE (Haynes, Fred) (Entered: 12/22/2014)
2014-12-29	43	Consent MOTION for Extension of Time to File Motion for Partial Summary Judgment by DEPARTMENT OF STATE (Haynes, Fred) (Entered: 12/29/2014)
2015-01-05	44	MOTION for Partial Summary Judgment by DEPARTMENT OF STATE (Attachments: # 1 Exhibit A - Hackett Declaration, # 2 Exhibit A to Hackett Declaration (Vaughn Index))(Haynes, Fred) Modified on 1/6/2015 (jf, ). (Entered: 01/05/2015)
2015-01-13		MINUTE ORDER: Granting 42 Defendant's Motion for Extension of Time to File; Granting 43 Defendant's Motion for Extension of Time nunc pro tunc. Signed by Judge Tanya S. Chutkan on 1/13/15. (DJS) (Entered: 01/13/2015)
2015-02-03	45	Consent MOTION for Extension of Time to File Response/Reply as to 44 MOTION for Partial Summary Judgment by TRUTHOUT, JOAN WADELTON (Attachments: # 1 Text of Proposed Order)(McClanahan, Kelly) (Entered: 02/03/2015)
2015-02-20		MINUTE ORDER granting 45 Consent Motion for Extension of Time to File Response/Reply to Defendant's Motion for Summary Judgment. Plaintiff shall file an opposition not later than March 4, 2015. Signed by Judge Tanya S. Chutkan on 2/20/15. (lctsc3) (Entered: 02/20/2015)
2015-02-23		Set/Reset Deadlines: Response to Motion for Summary Judgment due by 3/4/2015. zsm) (Entered: 02/23/2015)
2015-03-02	46	Consent MOTION for Extension of Time to File the Parties' Joint Status Report by DEPARTMENT OF STATE (Haynes, Fred) (Entered: 03/02/2015)
2015-03-04		MINUTE ORDER granting 46 Motion for Extension of Time to File the Parties' joint status report. The parties shall file a joint status report proposing a briefing schedule for a second round of summary judgment motions not later than March 5, 2015. Signed by Judge Tanya S. Chutkan on 3/4/15. (lctsc3) Modified event title on 3/5/2015 (znmw, ). (Entered: 03/04/2015)
2015-03-04	47	Consent MOTION for Extension of Time to File Response/Reply as to 44 MOTION for Partial Summary Judgment by TRUTHOUT, JOAN WADELTON (Attachments: # 1 Text of Proposed Order)(McClanahan, Kelly) (Entered: 03/04/2015)
2015-03-04	48	Consent MOTION for Extension of Time to File Joint Status Report by TRUTHOUT, JOAN WADELTON (Attachments: # 1 Text of Proposed Order)(McClanahan, Kelly) (Entered: 03/04/2015)
2015-03-06		ORDER granting 47 Consent Motion for Extension of Time to File Response to Defendant's Motion for Partial Summary Judgment and 48 Consent Motion for Extension of Time to File Joint Status Report. Plaintiffs shall file their opposition to Defendant's motion not later than Tuesday March 10, 2014. The parties shall jointly file a status report proposing a briefing schedule for a second round of summary judgment motions not later than March 11, 2015. The Court will view further requests for extensions of time with EXTREME DISFAVOR and will grant further requests only for good cause. The parties are reminded that failure to prepare sufficiently in advance of deadlines, without more, is not good cause. Future requests for the extension of any deadline by any party (or the parties jointly) must be made at least 48 hours prior to expiration of the deadline. Signed by Judge Tanya S. Chutkan on 3/6/15. (lctsc3) (Entered: 03/06/2015)
2015-03-06		Set/Reset Deadlines: Response to Motion for Summary Judgment due by 3/10/2015. Status Report due by 3/11/2015. (sm) (Entered: 03/06/2015)
2015-03-10	49	Memorandum in opposition to re 44 MOTION for Partial Summary Judgment filed by TRUTHOUT, JOAN WADELTON. (Attachments: # 1 Exhibit A - McClanahan-Haynes email, # 2 Exhibit B - Haynes-McClanahan email, # 3 Exhibit C - Wadelton I complaint, # 4 Text of Proposed Order)(McClanahan, Kelly) (Entered: 03/11/2015)
2015-03-11	50	STATUS REPORT (Joint) by DEPARTMENT OF STATE. (Haynes, Fred) (Entered: 03/11/2015)
2015-03-16		MINUTE ORDER: A status conference in this matter is hereby scheduled for 3:00 p.m. on Wednesday, March 18, 2015. Signed by Judge Tanya S. Chutkan on 3/16/05. (lctsc3) (Entered: 03/16/2015)
2015-03-16		Set/Reset Hearings: Status Conference set for 3/18/2015 at 3:00 PM in Courtroom 2 before Judge Tanya S. Chutkan. (sm) (Entered: 03/16/2015)
2015-03-18		Minute Entry for proceedings held before Judge Tanya S. Chutkan: Status Conference held on 3/18/2015. Order to Issue. Reply to Motion for Summary Judgment due by 3/30/2015. (Court Reporter Bryan Wayne.) (sm) (Entered: 03/18/2015)
2015-03-18		MINUTE ORDER: The Court held a scheduling conference on March 18, 2015 to discuss the parties' dispute 50 over a proper briefing schedule for a second summary judgment motion in this matter. The State Department has proposed filing a motion for summary judgment in August 2015, stating it requires nearly six months to compile a Vaughn index for approximately 450 documents. The Court is not convinced, without a further and clearer showing of necessity, that six months is needed to complete this task. Accordingly, not later than March 30, 2015 Defendant shall file a motion, along with a supporting declaration, justifying its requested briefing schedule. Plaintiffs may file an opposition to that request not later than April 13, 2015. Unless directed otherwise by further order of the Court, no reply is needed. The parties also noted on the record their agreement to extend the deadline for Defendant to file its reply to its motion 44 for partial summary judgment, which otherwise would have been due on March 23, 2015. Although the parties did not seek the Court's approval of their agreement and did not set forth the grounds for needing an extension on the record, the Court will accept the parties' agreement. Defendant shall file its reply not later than March 30, 2015. The deadlines set forth in this order will be extended only on a showing of extraordinary circumstances. Signed by Judge Tanya S. Chutkan on 3/18/15. (lctsc3) (Entered: 03/18/2015)
2015-03-19		Set/Reset Deadlines: Motion due by 3/30/2015. Reply due by 4/13/2015. (sm) (Entered: 03/19/2015)
2015-03-30	51	REPLY to opposition to motion re 44 MOTION for Partial Summary Judgment as to the HR and M Documents filed by DEPARTMENT OF STATE. (Attachments: # 1 Exhibit A - Second Declaration of John F. Hackett)(Haynes, Fred) (Entered: 03/30/2015)
2015-03-30	52	MOTION to Establish Date for Vaughn Index for L Documents by DEPARTMENT OF STATE (Attachments: # 1 Exhibit A - Second Declaration of John F. Hackett)(Haynes, Fred) (Entered: 03/30/2015)
2015-04-13	53	Memorandum in opposition to re 52 MOTION to Establish Date for Vaughn Index for L Documents filed by TRUTHOUT, JOAN WADELTON. (Attachments: # 1 Text of Proposed Order)(McClanahan, Kelly) (Entered: 04/13/2015)
2015-04-15		MINUTE ORDER on 52 Motion to Establish Date for Vaughn Index for L Documents. The State Department has moved 52 for a schedule permitting it to move for summary judgment as to the L Documents on September 30, 2015. The Court notes that on March 11, 2015 the State Department requested until August 12, 2015 to do so (see Document 50 at 1); by the time of the State Department's motion 19 days later that request had extended to September 30, 2015. In support of its motion the State Department submitted an affidavit explaining the process involved in searching for and processing documents responsive to a FOIA request. However in this case, all documents have been searched for and processed; all that remains is to create a Vaughn index of approximately 400 documents. The State Department has not provided convincing evidence that this limited task will require more than six months. Therefore, the State Department shall file its motion for summary judgment, and accompanying Vaughn index, not later than July 30, 2015. Plaintiffs shall respond not later than August 31, 2015. Defendant shall reply by September 14, 2015. In light of the age of this case, these dates will not be extended absent a showing of extraordinary circumstances rendering compliance with those deadlines impossible. Signed by Judge Tanya S. Chutkan on 4/15/15. (lctsc3) (Entered: 04/15/2015)
2015-04-15		Set/Reset Deadlines: Summary Judgment motions due by 7/30/2015. Response to Motion for Summary Judgment due by 8/31/2015. Reply to Motion for Summary Judgment due by 9/14/2015. (zsm) (Entered: 04/15/2015)
2015-05-26	54	MEMORANDUM AND OPINION. Signed by Judge Tanya S. Chutkan on 5/26/15. (lctsc3) (Entered: 05/26/2015)
2015-05-26	55	ORDER denying 44 Motion for Partial Summary Judgment. The parties shall appear for a status conference in Courtroom 2 at 2:00 p.m. on Tuesday, June 9, 2015. No later than 5:00 p.m. on June 8, 2015, the parties shall submit a joint status report setting forth a proposed schedule (or, if the parties cannot agree, each partys proposed schedule) for moving forward with this matter. Signed by Judge Tanya S. Chutkan on 5/26/15. (lctsc3) (Entered: 05/26/2015)
2015-05-26		Set/Reset Hearings: Status Conference set for 6/9/2015 at 2:00 PM in Courtroom 2 before Judge Tanya S. Chutkan. (zsm) (Entered: 05/26/2015)
2015-05-26		Set/Reset Deadlines: Status Report due by 6/8/2015 (zsm) (Entered: 05/26/2015)
2015-05-27	56	Consent MOTION to Amend/Correct 55 Order on Motion for Partial Summary Judgment, by TRUTHOUT, JOAN WADELTON (Attachments: # 1 Text of Proposed Order)(McClanahan, Kelly) (Entered: 05/27/2015)
2015-05-28		MINUTE ORDER: Granting in part and denying in part 56 Motion to Amend Schedule. The status conference previously set for 6/9/2015 is hereby rescheduled for 6/15/15 at 10:45 a.m. in Courtroom 2. The motion is denied with respect to the submission deadline for the Joint Status Report. The parties shall file their Joint Status Report by 3:00 p.m. on 6/12/2015. Signed by Judge Tanya S. Chutkan on 5/28/15. (DJS) (Entered: 05/28/2015)
2015-05-29		Set/Reset Deadlines/Hearings: Status Report due by 6/12/2015. Status Conference set for 6/15/2015 at 10:45 AM in Courtroom 2 before Judge Tanya S. Chutkan. (zsm) (Entered: 05/29/2015)
2015-06-12	57	STATUS REPORT (Joint) by DEPARTMENT OF STATE. (Haynes, Fred) (Entered: 06/12/2015)
2015-06-15		Minute Entry for proceedings held before Judge Tanya S. Chutkan: Status Conference held on 6/15/2015. Supplemental Declaration due by 7/30/2015. (Court Reporter Bryan Wayne.) (zsm) (Entered: 06/15/2015)
2015-06-15		MINUTE ORDER: The State Department shall file a supplemental declaration and renewed motion for summary judgment addressing the issues related to the searches of HR and M raised in the court's 54 opinion and during the status conference held on June 15, 2015, in combination with its motion for summary judgment as to the L documents by July 30, 2015. Plaintiffs shall oppose the motion, as to all documents, by August 31, 2015 and Defendant shall reply by September 14, 2015. Signed by Judge Tanya S. Chutkan on 6/15/15. (lctsc3) (Entered: 06/15/2015)
2015-07-14		MINUTE ORDER: The court will hold a telephonic conference at 2:00 p.m. on July 16, 2015 concerning Defendant's request for an extension. Not later than 2:00 p.m. on July 15, 2015 the parties shall JOINTLY email chambers a statement of the dispute and each party's position with respect to the dispute (including citation to any relevant authority). In their email, the parties shall also provide the court with a SINGLE land line telephone number at which the parties can all be reached. The court will contact the parties using that number at 1:55 p.m. to initiate the conference. Signed by Judge Tanya S. Chutkan on 7/14/15. (lctsc3) (Entered: 07/14/2015)
2015-07-15		Set/Reset Hearings: Telephone Conference set for 7/16/2015 at 2:00 PM in Courtroom 2 before Judge Tanya S. Chutkan. (zsm) (Entered: 07/15/2015)
2015-07-16		Minute Entry for proceedings held before Judge Tanya S. Chutkan: Status Conference held on 7/16/2015. Summary Judgment motions due by 8/31/2015. Response to Motion for Summary Judgment due by 9/25/2015. Reply to Motion for Summary Judgment due by 10/9/2015. (Court Reporter Bryan Wayne.) (zsm) (Entered: 07/16/2015)
2015-07-16		MINUTE ORDER: The court heard argument on the State Department's request for an extension of time to renew its motion for summary judgment as to documents from HR and M. The State Department shall file an omnibus motion concerning all documents at issue in this matter not later than August 31, 2015. In accordance with the court's previous instructions, extensions will be permitted only upon a showing of extraordinary circumstances. If the State Department seeks any further extensions, counsel from the State Department or another State Department employee with personal knowledge of the Department' search efforts will be required to personally appear before the court to explain the need for further delay. Plaintiffs shall file an omnibus opposition not later than September 25, 2015. Defendant may reply not later than October 9, 2015. Signed by Judge Tanya S. Chutkan on 7/16/15. (lctsc3) (Entered: 07/16/2015)
2015-08-31	58	MOTION for Summary Judgment by U.S. DEPARTMENT OF STATE (Attachments: # 1 Exhibit A - Third Hackett Declaration, # 2 Exhibit 1 to Exhibit A: The Vaughn Declaration)(Haynes, Fred) (Entered: 08/31/2015)
2015-09-26	59	Memorandum in opposition to re 58 MOTION for Summary Judgment filed by TRUTHOUT, JOAN WADELTON. (Attachments: # 1 Text of Proposed Order)(McClanahan, Kelly) (Entered: 09/26/2015)
2015-10-05	60	Consent MOTION for Extension of Time to File Response/Reply as to 58 MOTION for Summary Judgment by TRUTHOUT, JOAN WADELTON (Attachments: # 1 Text of Proposed Order)(McClanahan, Kelly) (Entered: 10/05/2015)
2015-10-06		MINUTE ORDER: Granting 60 Plaintiff's Consent Motion for Extension of Time to File Response/Reply 59 Nunc Pro Tunc. Signed by Judge Tanya S. Chutkan on 10/6/15. (DJS) (Entered: 10/06/2015)
2015-10-13	61	REPLY to opposition to motion re 58 MOTION for Summary Judgment filed by U.S. DEPARTMENT OF STATE. (Attachments: # 1 Exhibit A - 4th Hackett Declaration, # 2 Exhibit B - Ouzts Declaration)(Haynes, Fred) (Entered: 10/13/2015)
2016-09-22	62	MEMORANDUM AND OPINION: Re Defendant's 58 Motion for Summary Judgment. Signed by Judge Tanya S. Chutkan on 09/22/2016. (lctsc3) (Entered: 09/22/2016)
2016-09-22	63	ORDER granting 58 Defendant's Motion for Summary Judgment. Signed by Judge Tanya S. Chutkan on 09/22/2016. (lctsc3) (Entered: 09/22/2016)
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