Case Detail

FOIA Project Annotation: Judge Reggie Walton has ruled that Landmark Legal Foundation's suit against the Department of Labor for records showing the use of personal email accounts by agency officials is precluded by the doctrine of collateral estoppel because Landmark Legal had already litigated and lost the same issue in another suit filed against the Department of Justice. In response to two FOIA requests submitted by Landmark Legal, Labor disclosed 798 pages. Based on the D.C. Circuit's ruling in Competitive Enterprise Institute v. Office of Science and Technology Policy, 827 F. 3d 145 (D.C. Cir. 2016), finding agencies were required to search for emails discussing government business even if created on a private email account, Landmark Legal told the Labor Department that it had to search private servers for potentially responsive records. The agency refused to do so and filed for summary judgment, arguing its initial search was sufficient and Landmark Legal was estopped from arguing that its request was valid because of the prior decision in its suit against DOJ. Walton agreed that collateral estoppel applied in this case. He noted that "Landmark's FOIA request in this case and in [its case against DOJ] are substantively identical. . .Therefore, because the two FOIA requests are in essence identical, collateral estoppel applies, as the same issue now being raised (i.e., whether Landmark's FOIA request as drafted is a valid FOIA request) has been 'previously tried, and decided in a court of competent jurisdiction.'" Landmark Legal argued that the circumstances were different because Landmark had modified its request to Labor. Walton rejected that claim, noting instead that "Landmark has not cited, nor could the Court find, any authority that supports Landmark's position that negotiations to narrow the scope of an agency's search amount to a new, and consequently, valid FOIA request. In any event, none of these proposed modifications sufficiently distinguish Landmark's FOIA request in this case from its FOIA request in [its suit against DOJ] because both do not adequately describe what records are being sought. . ." He observed that "Landmark's 'good faith effort' [to narrow the scope of the search] cannot convert an invalid and unreasonable request into a valid and reasonable one.'" Walton concluded that since "collateral estoppel precludes Landmark from pursuing the identical request in this case, Landmark is precluded from arguing that its FOIA request is proper. Accordingly, because Landmark's FOIA request is not a proper FOIA request given that it fails to adequately describe the records sought, the Court will grant summary judgment to the Department."
Issues: Litigation - Jurisdiction - Failure to State a Claim, Request - Specificity

Date Filed	Doc #	Docket Text
2013-09-26	1	COMPLAINT against DEPARTMENT OF LABOR ( Filing fee $ 400 receipt number 0090-3480839) filed by LANDMARK LEGAL FOUNDATION. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Civil Cover Sheet, # 10 Summons)(O'Neill, Michael) (Entered: 09/26/2013)
2013-09-26	2	LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by LANDMARK LEGAL FOUNDATION (O'Neill, Michael) (Entered: 09/26/2013)
2013-09-26		Case Assigned to Judge Reggie B. Walton. (sth, ) (Entered: 09/26/2013)
2013-09-26	3	ELECTRONIC SUMMONS (3) Issued as to DEPARTMENT OF LABOR, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Summons)(sth, ) (Entered: 09/26/2013)
2013-10-07	4	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. DEPARTMENT OF LABOR served on 10/1/2013, RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 10/01/2013., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 10/1/2013. ( Answer due for ALL FEDERAL DEFENDANTS by 10/31/2013.) (Attachments: # 1 Exhibit)(O'Neill, Michael) (Entered: 10/07/2013)
2013-10-24	5	NOTICE of Appearance by Jeremy S. Simon on behalf of DEPARTMENT OF LABOR (Simon, Jeremy) (Entered: 10/24/2013)
2013-10-25	6	Consent MOTION for Extension of Time to Answer or Otherwise Respond to Complaint by DEPARTMENT OF LABOR (Attachments: # 1 Proposed Order)(Simon, Jeremy) (Entered: 10/25/2013)
2013-10-28		MINUTE ORDER granting 6 Motion for Extension of Time to Answer or Otherwise Respond to Complaint. For good cause shown, it is hereby ORDERED that the defendant's consent motion for extension of time to answer the plaintiff's complaint is hereby GRANTED. It is further ORDERED that the defendant shall submit an answer or otherwise respond to the Complaint on or before December 4, 2013. Signed by Judge Reggie B. Walton on 10/28/2013. (lcrbw4) (Entered: 10/28/2013)
2013-10-28		Set/Reset Deadlines: Answer to the Complaint due by 12/4/2013. (tg, ) (Entered: 10/29/2013)
2013-10-29		Set/Reset Deadlines: Answer or respond to complaint by 12/4/2013, (mpt, ) (Entered: 10/29/2013)
2013-12-04	7	ANSWER to Complaint by DEPARTMENT OF LABOR.(Simon, Jeremy) (Entered: 12/04/2013)
2014-04-15	8	ORDER for Joint Proposed Briefing Schedule. In accordance with the attached Order, it is hereby ORDERED that the parties shall file a joint proposed briefing schedule for the filing of dispositive motions on or before May 1, 2014. Signed by Judge Reggie B. Walton on 4/15/2014. (lcrbw3) (Entered: 04/15/2014)
2014-04-16		Set/Reset Deadlines: Briefing Schedule due by 5/1/2014. (mpt) (Entered: 04/16/2014)
2014-04-16	9	ORDER for Initial Scheduling Conference set for 5/29/2014 11:00 AM in Courtroom 16 before Judge Reggie B. Walton. (mpt, ) (Entered: 04/16/2014)
2014-04-16	10	GENERAL ORDER AND GUIDELINES FOR CIVIL CASES. (mpt) (Entered: 04/16/2014)
2014-04-30	11	STATUS REPORT (Joint Status Report) by DEPARTMENT OF LABOR. (Simon, Jeremy) (Entered: 04/30/2014)
2014-05-01		MINUTE ORDER. In light of the representations made to the Court in the parties' Joing Statue Report it is hereby ORDERED that the parties shall submit another status report on or before July 30, 2014. It is further ORDERED that the initial scheduling conference scheduled for May 29, 2014, at 11:00 a.m. is VACATED. Signed by Judge Reggie B. Walton on 5/1/2014. (lcrbw3) (Entered: 05/01/2014)
2014-05-01		Set/Reset Deadlines: Joint Status Report due by 7/30/2014 (mpt) (Entered: 05/01/2014)
2014-07-30	12	STATUS REPORT (Joint Status Report) by DEPARTMENT OF LABOR. (Simon, Jeremy) (Entered: 07/30/2014)
2014-07-31		MINUTE ORDER. In accordance with the representations made to the Court in the July 30, 2014 Joint Status Report, it is hereby ORDERED that the parties file a Joint Status Report on ore before October 28, 2014, advising the Court of the parties' status. In the event that the parties are still not prepared to propose a briefing schedule in their October 28, 2014 joint status report, it is further ORDERED that the parties shall file joint status reports every 45 days advising the Court of the status. Signed by Judge Reggie B. Walton on 7/31/2014. (lcrbw3, ) (Entered: 07/31/2014)
2014-08-01		Set/Reset Deadline: The parties shall file a Joint Status Report on or before 10/28/2014. (ad) (Entered: 08/01/2014)
2014-10-28	13	STATUS REPORT (Joint Status Report) by DEPARTMENT OF LABOR. (Simon, Jeremy) (Entered: 10/28/2014)
2014-11-03		MINUTE ORDER. In accordance with the representations made to the Court in the oCTOBER 28, 2014 Joint Status Report, it is hereby ORDERED that the parties file a Joint Status Report on or before December 12, 2014, advising the Court of the parties' status. In the event that the parties are still not prepared to propose a briefing schedule in their December 12, 2014 joint status report, it is further ORDERED that the parties shall file joint status reports every 45 days advising the Court of the status. Signed by Judge Reggie B. Walton on 11/3/2014. (lcrbw3, ) (Entered: 11/03/2014)
2014-11-04		Set/Reset Deadlines: Joint Status Report due by 12/12/2014 (mpt, ) (Entered: 11/04/2014)
2014-12-11	14	STATUS REPORT (Joint Status Report) by DEPARTMENT OF LABOR. (Simon, Jeremy) (Entered: 12/11/2014)
2015-01-26	15	STATUS REPORT (Joint Status Report) by DEPARTMENT OF LABOR. (Simon, Jeremy) (Entered: 01/26/2015)
2015-03-12	16	STATUS REPORT (Joint Status Report) by DEPARTMENT OF LABOR. (Simon, Jeremy) (Entered: 03/12/2015)
2015-03-26	17	STATUS REPORT by LANDMARK LEGAL FOUNDATION. (Attachments: # 1 Text of Proposed Order)(O'Neill, Michael) (Entered: 03/26/2015)
2015-03-30		MINUTE ORDER. In accordance with the Joint Status Report and Proposed Briefing Schedule, it is ORDERED that this case shall proceed as follows: (1) the defendant shall file any motion for summary judgment on or before May 15, 2015; (2) the plaintiff shall file an opposition to the defendant's motion and a cross-motion for summary judgment on or before June 4, 2015; (3) the defendant shall file a reply in support of its motion and an opposition to the plaintiffs cross-motion on or before June 25, 2015; and (4) the plaintiff shall a reply in support of its cross-motion on or before July 16, 2015. Signed by Judge Reggie B. Walton on 3/30/2015. (lcrbw3) (Entered: 03/30/2015)
2015-05-14	18	MOTION for Summary Judgment , Local Rule 7(h) Statement and Supporting Memorandum by DEPARTMENT OF LABOR (Attachments: # 1 Declaration of Charlotte Hayes, # 2 Proposed Order)(Simon, Jeremy) (Entered: 05/14/2015)
2015-05-14	19	NOTICE of Errata by DEPARTMENT OF LABOR re 18 MOTION for Summary Judgment , Local Rule 7(h) Statement and Supporting Memorandum (Attachments: # 1 Motion for Summary Judgment, Local Rule 7(h) Statement and Corrected Supporting Memorandum)(Simon, Jeremy) (Entered: 05/14/2015)
2015-06-04	20	Memorandum in opposition to re 18 MOTION for Summary Judgment , Local Rule 7(h) Statement and Supporting Memorandum filed by LANDMARK LEGAL FOUNDATION. (Attachments: # 1 Declaration Declaration of Michael J. O'Neill, # 2 Exhibit Exhibit 1, # 3 Exhibit Exhibit 2, # 4 Exhibit Exhibit 3, # 5 Exhibit Exhibit 4, # 6 Exhibit Exhibit 5, # 7 Exhibit Exhibit 6, # 8 Exhibit Exhibit 7, # 9 Exhibit Exhibit 8, # 10 Exhibit Exhibit 9, # 11 Exhibit Exhibit 10, # 12 Exhibit Exhibit 11, # 13 Exhibit Exhibit 12, # 14 Exhibit Exhibit 13, # 15 Exhibit Exhibit 14, # 16 Exhibit Exhibit 15, # 17 Exhibit Exhibit 16, # 18 Exhibit Exhibit 17, # 19 Exhibit Exhibit 18, # 20 Exhibit Exhibit 19, # 21 Exhibit Exhibit 20, # 22 Exhibit Exhibit 21, # 23 Exhibit Exhibit 22, # 24 Text of Proposed Order)(O'Neill, Michael) (Entered: 06/04/2015)
2015-06-04	21	Cross MOTION for Partial Summary Judgment by LANDMARK LEGAL FOUNDATION (Attachments: # 1 Memorandum in Support, # 2 Declaration Declaration of Michael J. O'Neill, # 3 Exhibit Exhibit 1, # 4 Exhibit Exhibit 2, # 5 Exhibit Exhibit 3, # 6 Exhibit Exhibit 4, # 7 Exhibit Exhibit 5, # 8 Exhibit Exhibit 6, # 9 Exhibit Exhibit 7, # 10 Exhibit Exhibit 8, # 11 Exhibit Exhibit 9, # 12 Exhibit Exhibit 10, # 13 Exhibit Exhibit 11, # 14 Exhibit Exhibit 12, # 15 Exhibit Exhibit 13, # 16 Exhibit Exhibit 14, # 17 Exhibit Exhibit 15, # 18 Exhibit Exhibit 16, # 19 Exhibit Exhibit 17, # 20 Exhibit Exhibit 18, # 21 Exhibit Exhibit 19, # 22 Exhibit Exhibit 20, # 23 Exhibit Exhibit 21, # 24 Exhibit Exhibit 22, # 25 Text of Proposed Order)(O'Neill, Michael) Modified on 6/5/2015 (jf). (Entered: 06/04/2015)
2015-06-25	22	REPLY to opposition to motion re 18 MOTION for Summary Judgment , Local Rule 7(h) Statement and Supporting Memorandum filed by DEPARTMENT OF LABOR. (Attachments: # 1 Supplemental Declaration of Charlotte Hayes)(Simon, Jeremy) (Entered: 06/25/2015)
2015-06-25	23	Memorandum in opposition to re 21 Cross MOTION for Partial Summary Judgment filed by DEPARTMENT OF LABOR. (Attachments: # 1 Response to Plaintiff's Statement of Material Facts Not in Dispute, # 2 Supplemental Declaration of Charlotte Hayes, # 3 Proposed Order)(Simon, Jeremy) (Entered: 06/25/2015)
2015-07-16	24	REPLY to opposition to motion re 21 Cross MOTION for Partial Summary Judgment filed by LANDMARK LEGAL FOUNDATION. (O'Neill, Michael) (Entered: 07/16/2015)
2016-01-08	25	ORDER denying 18 Motion for Summary Judgment; denying 21 Motion for Partial Summary Judgment. In accordance with the attached Order, it is hereby ORDERED that the Plaintiff's Cross-Motion for Partial Summary Judgment is DENIED WITHOUT PREJUDICE. It is further ORDERED that the Defendant's Motion for Summary Judgment is DENIED WITHOUT PREJUDICE. It is further ORDERED that the parties shall monitor the status of Competitive Enter. Inst. v. Office of Sci. & Tech. Policy and propose a new briefing schedule for refiling of their summary judgment motions after the Circuit issues an opinion or order in that case. Signed by Judge Reggie B. Walton on January 8, 2016. (lcrbw2) (Entered: 01/08/2016)
2016-07-20	26	Joint STATUS REPORT by UNITED STATES DEPARTMENT OF LABOR. (Simon, Jeremy) (Entered: 07/20/2016)
2016-07-20		MINUTE ORDER. Upon consideration of the parties' Joint Status Report, it is hereby ORDERED that the parties shall file an additional status report, which, if necessary, will include a new briefing schedule for the refiling of the parties' respective summary judgment motions, by September 2, 2016. Signed by Judge Reggie B. Walton on July 20, 2016. (lcrbw2) (Entered: 07/20/2016)
2016-07-20		Set/Reset Deadlines: Joint Status Report due by 9/2/2016 (hs) (Entered: 07/20/2016)
2016-09-02	27	Joint STATUS REPORT by UNITED STATES DEPARTMENT OF LABOR. (Simon, Jeremy) (Entered: 09/02/2016)
2016-09-05		MINUTE ORDER. Upon consideration of the parties' Joint Status Report, it is hereby ORDERED that this case shall proceed as follows: (1) the defendant shall file its renewed motion for summary judgment, if any, on or before October 19, 2016; (2) the plaintiff shall its opposition to the defendant's motion for summary judgment and its cross-motion for summary judgment, if any, on or before November 18, 2016; (3) the defendant shall its reply in support of its motion for summary judgment and its opposition to the plaintiff's cross-motion for summary judgment, if any, on or before December 9, 2016; and (4) the plaintiff shall file its reply in support of its cross-motion for summary judgment on or before December 29, 2016. Signed by Judge Reggie B. Walton on September 5, 2016. (lcrbw2) (Entered: 09/05/2016)
2016-09-06		Set/Reset Deadlines: Defendant's Summary Judgment motions due by 10/19/2016. Plaintiff's Response to Motion for Summary Judgment/Cross Motion due by 11/18/2016. Reply to Motion for Summary Judgment due by 12/9/2016. Reply to Cross Motions due by 12/29/2016. (hs) (Entered: 09/06/2016)
2016-10-17	28	Consent MOTION for Extension of Time to File Renewed Motion for Summary Judgment and For Corresponding Adjustment of Briefing Schedule by UNITED STATES DEPARTMENT OF LABOR (Attachments: # 1 Proposed Order)(Simon, Jeremy) (Entered: 10/17/2016)
2016-10-18		MINUTE ORDER. Upon consideration of the defendant's Consent Motion for Extension of Time to File Defendant's Renewed Motion for Summary Judgment and for Corresponding Adjustment of Briefing Schedule, and for good cause shown, it is hereby ORDERED that the motion is GRANTED. It is further ORDERED that this case shall proceed as follows: (1) the defendant shall file its renewed motion for summary judgment, if any, on or before November 16, 2016; (2) the plaintiff shall file its opposition to the defendant's renewed motion for summary judgment and its cross-motion for summary judgment, if any, on or before December 16, 2016; (3) the defendant shall file its reply in support of its renewed motion for summary judgment and its opposition to the plaintiff's cross-motion for summary judgment, if any, on or before January 10, 2017; and (4) the plaintiff shall file its reply in support of its cross-motion for summary judgment on or before January 31, 2017. Signed by Judge Reggie B. Walton on October 18, 2016. (lcrbw2) (Entered: 10/18/2016)
2016-10-19		Set/Reset Deadlines: Renewed Summary Judgment motion due by 11/16/2016. Response to Motion for Summary Judgment/Cross Motion due by 12/16/2016. Reply to Motion for Summary Judgment due by 1/10/2017. Reply to Cross Motions due by 1/31/2017. (hs) (Entered: 10/19/2016)
2016-11-16	29	MOTION for Summary Judgment , Local Rule 7(h) Statement and Supporting Memorandum by UNITED STATES DEPARTMENT OF LABOR (Attachments: # 1 Proposed Order, # 2 Declaration of Charlotte Hayes, # 3 Supplemental Declaration of Charlotte Hayes)(Simon, Jeremy) (Entered: 11/16/2016)
2016-12-16	30	Memorandum in opposition to re 29 MOTION for Summary Judgment , Local Rule 7(h) Statement and Supporting Memorandum filed by LANDMARK LEGAL FOUNDATION. (Attachments: # 1 Declaration Michael J. O'Neill, # 2 Exhibit Exhibit 1, # 3 Exhibit Exhibit 2, # 4 Exhibit Exhibit 3, # 5 Exhibit Exhibit 4, # 6 Exhibit Exhibit 5, # 7 Exhibit Exhibit 6, # 8 Exhibit Exhibit 7, # 9 Exhibit Exhibit 8, # 10 Exhibit Exhibit 9, # 11 Exhibit Exhibit 10, # 12 Exhibit Exhibit 11, # 13 Exhibit Exhibit 12, # 14 Exhibit Exhibit 13, # 15 Exhibit Exhibit 14, # 16 Exhibit Exhibit 15, # 17 Exhibit Exhibit 16, # 18 Exhibit Exhibit 17, # 19 Exhibit Exhibit 18, # 20 Exhibit Exhibit 19, # 21 Exhibit Exhibit 20, # 22 Exhibit Exhibit 21, # 23 Exhibit Exhibit 22, # 24 Exhibit Exhibit 23, # 25 Text of Proposed Order)(O'Neill, Michael) (Entered: 12/16/2016)
2016-12-16	31	MOTION for Partial Summary Judgment by LANDMARK LEGAL FOUNDATION (Attachments: # 1 Statement of Facts Statement of Facts & Memo In Support, # 2 Declaration Declaration of Michael J. O'Neill, # 3 Exhibit Exhibit 1, # 4 Exhibit Exhibit 2, # 5 Exhibit Exhibit 3, # 6 Exhibit Exhibit 4, # 7 Exhibit Exhibit 5, # 8 Exhibit Exhibit 6, # 9 Exhibit Exhibit 7, # 10 Exhibit Exhibit 8, # 11 Exhibit Exhibit 9, # 12 Exhibit Exhibit 10, # 13 Exhibit Exhibit 11, # 14 Exhibit Exhibit 12, # 15 Exhibit Exhibit 13, # 16 Exhibit Exhibit 14, # 17 Exhibit Exhibit 15, # 18 Exhibit Exhibit 16, # 19 Exhibit Exhibit 17, # 20 Exhibit Exhibit 18, # 21 Exhibit Exhibit 19, # 22 Exhibit Exhibit 20, # 23 Exhibit Exhibit 21, # 24 Exhibit Exhibit 22, # 25 Exhibit Exhibit 23, # 26 Text of Proposed Order)(O'Neill, Michael) (Entered: 12/16/2016)
2017-01-10	32	Memorandum in opposition to re 31 MOTION for Partial Summary Judgment (combined with reply in support of Defendant's Renewed Motion for Summary Judgment) filed by UNITED STATES DEPARTMENT OF LABOR. (Attachments: # 1 Response to Plaintiff's Statement of Material Facts Not in Dispute, # 2 Proposed Order, # 3 Exhibit 1 (Oct. 6, 2016 email), # 4 Exhibit 2 (Nov. 10, 2016 email))(Simon, Jeremy) (Entered: 01/10/2017)
2017-01-10	33	REPLY to opposition to motion re 29 MOTION for Summary Judgment , Local Rule 7(h) Statement and Supporting Memorandum (duplicate of filing at docket entry number 32) filed by UNITED STATES DEPARTMENT OF LABOR. (Attachments: # 1 Response to Plaintiff's Statement of Material Facts Not in Dispute, # 2 Proposed Order, # 3 Exhibit 1 (Oct. 6, 2016 email), # 4 Exhibit 2 (Nov. 10, 2016 email))(Simon, Jeremy) (Entered: 01/10/2017)
2017-01-31	34	REPLY to opposition to motion re 31 MOTION for Partial Summary Judgment filed by LANDMARK LEGAL FOUNDATION. (Attachments: # 1 Exhibit Exhibit 1)(O'Neill, Michael) (Entered: 01/31/2017)
2017-08-16	35	ORDER. In accordance with the Memorandum Opinion issued on this same date, it is hereby ORDERED that the Defendant's Motion for Summary Judgment is GRANTED. It is further ORDERED that the Plaintiff's Cross-Motion for Partial Summary Judgment is DENIED. It is further ORDERED that this case is CLOSED. Signed by Judge Reggie B. Walton on August 16, 2017. (lcrbw2) (Entered: 08/16/2017)
2017-08-16	36	MEMORANDUM OPINION. Signed by Judge Reggie B. Walton on August 16, 2017. (lcrbw2) (Entered: 08/16/2017)
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