Case Detail

FOIA Project Annotation: Judge Amit Mehta has ruled that the State Department must search the state.gov email accounts of Huma Abedin, Cheryl Mills, and Jacob Sullivan, top aides to former Secretary of State Hillary Clinton, for records concerning Benghazi in response to a FOIA request from Judicial Watch. After reviewing the 30,000 emails turned over by Clinton from her private email server, emails turned over by Abedin, Mills and Sullivan from their private email accounts, as well as emails recovered from Clinton's server by the FBI, the State Department provided Judicial Watch with 348 responsive documents, disclosing 125 in full and 223 in part. Judicial Watch argued that the agency's search was not adequate because it had not searched the official agency email accounts for Abedin, Mills, and Sullivan, nor emails recovered by the FBI as part of a separate investigation of Abedin's former husband Anthony Weiner. State argued that it was unlikely that any further searches would turn up any new emails. Mehta noted that "although State expanded its search beyond its own records system to include review of records from certain non-State-controlled sources, FOIA requires it to do more. . .To date, State has searched only data compilations originating from outside sources â€" Secretary Clinton, her former aides, and the FBI. It has not, however, searched the one records system over which it has always had control and that is almost certain to contain some responsive records: the state.gov e-mail server." Mehta explained that "if Secretary Clinton sent an e-mail about Benghazi to Abedin, Mills, or Sullivan at his or her state.gov e-mail address, or if one of them sent an e-mail to Secretary Clinton using his or her state.gov account, then State's server presumably would have captured and stored such an email. Therefore, State has an obligation to search its own server for responsive records." Mehta rejected State's claim that a further search would be unlikely to produce any emails beyond those already reviewed. He noted that "State has offered no assurances that the three record compilations it received, taken together, constitute the entirety of Secretary Clinton's e-mails during the time period relevant to Plaintiff's FOIA Request." Mehta also found that the emails recovered in the Weiner investigation should also be searched. However, he indicated that "the court declines, at this time, to order State to search the e-mails that the FBI recovered last fall during an unrelated investigation. The court understands that State has now received the e-mails in question and is in the process of producing them to Plaintiff in parallel, ongoing litigation in this District. Accordingly, the court sees no need to rule on a search issue that might become moot in the near future and defers making any judgment until the related search comes to a close."
Issues: Adequacy - Search

Date Filed	Doc #	Docket Text
2015-05-06	1	COMPLAINT against U.S. DEPARTMENT OF STATE ( Filing fee $ 400 receipt number 0090-4082155) filed by JUDICIAL WATCH, INC.. (Attachments: # 1 Civil Cover Sheet, # 2 Summons for U.S. Attorney for DC, # 3 Summons for U.S. Attorney General, # 4 Summons for U.S. State Department)(Cotca, Ramona) (Entered: 05/06/2015)
2015-05-06	2	LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by JUDICIAL WATCH, INC. (Cotca, Ramona) (Entered: 05/06/2015)
2015-05-06		Case Assigned to Judge Amit P. Mehta. (zsth, ) (Entered: 05/06/2015)
2015-05-06	3	SUMMONS (3) Issued Electronically as to U.S. DEPARTMENT OF STATE, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Summons, # 2 Summons, # 3 Summons)(zsth, ) (Entered: 05/06/2015)
2015-05-12	4	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 5/11/2015. ( Answer due for ALL FEDERAL DEFENDANTS by 6/10/2015.), RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 05/11/2015., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF STATE served on 5/11/2015 (Attachments: # 1 Declaration of David Rothstein)(Cotca, Ramona) (Entered: 05/12/2015)
2015-06-10	5	NOTICE of Appearance by Robert J. Prince on behalf of U.S. DEPARTMENT OF STATE (Prince, Robert) (Entered: 06/10/2015)
2015-06-10	6	ANSWER to Complaint by U.S. DEPARTMENT OF STATE. (Attachments: # 1 First FOIA Request Letter, # 2 Second FOIA Request Letter)(Prince, Robert) (Entered: 06/10/2015)
2015-06-11	7	ORDER. Both a complaint and an answer are now before the court in this FOIA case. It is hereby ordered that the parties shall meet and confer and file a Joint Status Report no later than June 26, 2015. Please see the attached Order for additional details. Signed by Amit P. Mehta on 06/11/2015. (lcapm2) (Entered: 06/11/2015)
2015-06-11		Set/Reset Deadlines/Hearings: Joint Status Report due by 6/26/2015. (cdw) (Entered: 06/12/2015)
2015-06-26	8	STATUS REPORT (JOINT) by U.S. DEPARTMENT OF STATE. (Prince, Robert) (Entered: 06/26/2015)
2015-06-29		MINUTE ORDER: Upon consideration of the parties' June 26, 2015, Joint Status Report, the court sets the following schedule for further proceedings in this matter: Defendant shall file a Status Report on or before July 15, 2015, in which it will identify where and how it will search for records responsive to FOIA Request 1 and its proposed schedule for production of the non-exempt portions of the remaining documents responsive to the FOIA Requests and that are subject to the FOIA; the parties shall file a Joint Status Report on or before July 29, 2015, in which they will provide recommendations regarding the production schedule of non-exempt records responsive to the FOIA Requests and subject to the FOIA and, if necessary, submit further statements about the scope of the search for records responsive to FOIA Request 1, and if necessary, recommendations for further proceedings. Signed by Judge Amit P. Mehta on 06/29/2015. (lcapm2) (Entered: 06/29/2015)
2015-06-29	9	ENTERED IN ERROR.....STATUS REPORT (Joint) by U.S. DEPARTMENT OF STATE. (Attachments: # 1 Exhibit Attach. A, # 2 Exhibit Attach. B, # 3 Exhibit Attach. C)(Theis, John) Modified on 6/30/2015 (zrdj). (Entered: 06/29/2015)
2015-06-29		Set/Reset Deadlines/Hearings: Defendant's Status Report due by 7/15/2015. Joint Status Report due by 7/29/2015. (cdw) (Entered: 06/30/2015)
2015-06-30		NOTICE OF CORRECTED DOCKET ENTRY: re 9 Status Report was entered in error (wrong case) and will not be refiled. (zrdj) (Entered: 06/30/2015)
2015-07-15	10	STATUS REPORT by U.S. DEPARTMENT OF STATE. (Prince, Robert) (Entered: 07/15/2015)
2015-07-29	11	STATUS REPORT (JOINT) by U.S. DEPARTMENT OF STATE. (Prince, Robert) (Entered: 07/29/2015)
2015-07-31		MINUTE ORDER: Upon consideration of the parties' July 29, 2015, Joint Status Report, the court sets the following schedule for further proceedings: Defendant will make its first rolling production of the non-exempt portions of documents responsive to FOIA Request 2 on or before September 30, 2015; Defendant will file a Status Report on or before October 1, 2015, in which it will provide an estimate of the number of documents potentially responsive to FOIA Request 2 that remain to be reviewed and processed; the parties will meet and confer and file a Joint Status Report on or before October 8, 2015, in which they will: (1) propose a production schedule for the remaining non-exempt portions of documents responsive to FOIA Request 2, and, if the parties are not able to reach an agreement as to the production schedule, each provide their own proposed schedule; (2) provide an update to the court on their efforts to resolve Plaintiff's concerns regarding the scope of Defendant's search and efforts to preserve responsive federal records in connection with FOIA Request 1; and (3) propose a production schedule for the documents responsive to FOIA Request 1, and, if the parties remain unable to reach an agreement as to the production schedule, each provide their own proposed schedule. Signed by Judge Amit P. Mehta on 07/31/2015. (lcapm2) (Entered: 07/31/2015)
2015-07-31		Set/Reset Deadlines/Hearings: Joint Status Report due by 10/1/2015. (cdw) (Entered: 08/03/2015)
2015-09-02	12	NOTICE of Filing Motion for Designation of Coordinating Judge by U.S. DEPARTMENT OF STATE (Attachments: # 1 Motion for Designation of Coordinating Judge)(Prince, Robert) (Entered: 09/02/2015)
2015-09-04	13	NOTICE of Order Entered in Misc. No. 15-1188 by U.S. DEPARTMENT OF STATE (Attachments: # 1 Copy of Order)(Prince, Robert) (Entered: 09/04/2015)
2015-09-04	14	MOTION to Stay Pending Resolution of Motion for Designation of Coordinating Judge by U.S. DEPARTMENT OF STATE (Attachments: # 1 Text of Proposed Order)(Prince, Robert) (Entered: 09/04/2015)
2015-09-08		MINUTE ORDER directing Plaintiff to respond at or before 5:00 p.m. on September 11, 2015, to 14 Defendant's Motion to Stay Pending Resolution of its Motion for Designation of Coordinating Judge. Signed by Judge Amit P. Mehta on 09/08/2015. (lcapm2) (Entered: 09/08/2015)
2015-09-08		Set/Reset Deadlines/Hearings: Response to 14 due by 9/11/2015 by 5:00 PM. (cdw) (Entered: 09/09/2015)
2015-09-11	15	Memorandum in opposition to re 14 MOTION to Stay Pending Resolution of Motion for Designation of Coordinating Judge filed by JUDICIAL WATCH, INC.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Text of Proposed Order)(Cotca, Ramona) (Entered: 09/11/2015)
2015-09-14	16	REPLY to opposition to motion re 14 MOTION to Stay Pending Resolution of Motion for Designation of Coordinating Judge filed by U.S. DEPARTMENT OF STATE. (Prince, Robert) (Entered: 09/14/2015)
2015-09-16		MINUTE ORDER denying 14 Defendant's Motion to Stay Pending Resolution of its Motion for Designation of Coordinating Judge. The court has considered the grounds for the requested stay and concludes that a stay is not warranted at this time. If the [12-1] U.S. Department of State's Motion for Designation of Coordinating Judge is granted, and this court decides to transfer this case to the Coordinating Judge, this court would consider a stay at that juncture with respect to the processing of emails that fall within the purview of the Coordinating Judge's authority. The parties shall continue to proceed in this matter per the court's prior orders. Signed by Judge Amit P. Mehta on 09/16/2015. (lcapm2) (Entered: 09/16/2015)
2015-10-01	17	STATUS REPORT by U.S. DEPARTMENT OF STATE. (Prince, Robert) (Entered: 10/01/2015)
2015-10-08	18	Joint STATUS REPORT by U.S. DEPARTMENT OF STATE. (Prince, Robert) (Entered: 10/08/2015)
2015-10-09		MINUTE ORDER setting the following schedule for further proceedings: State shall complete production of non-exempt portions of records responsive to FOIA Request 2 on or before February 3, 2016, with interim rolling productions on or before November 12, 2015, and on or before December 23, 2015; State shall file a Status Report, on or before October 22, 2015, disclosing the number of Clinton emails potentially responsive to FOIA Request 1 and specifying how many of those documents were created on or before December 31, 2012; the parties shall file a Joint Status Report, on or before October 29, 2015, in which they will (i) propose to the court a production schedule for the non-exempt portions of emails provided to State by former Secretary Clinton that are responsive to FOIA Request 1, and, if the parties remain unable to reach an agreement as to the production schedule, each shall provide their own proposed schedule; and (ii) provide a further update to the court on their efforts to resolve Judicial Watch's concerns regarding the scope of State's search and efforts to preserve responsive federal records in connection with FOIA Request 1; State shall inform Judicial Watch, on or before November 13, 2015, of the number of documents potentially responsive to FOIA Request 1 within the documents recently provided by Ms. Mills, Ms. Abedin, and Mr. Sullivan; the parties shall file a Joint Status Report, on or before November 20, 2015, in which they will propose to the court a production schedule for the non-exempt portions of the recently provided documents responsive to FOIA Request 1, or with further recommendations for proceedings. Signed by Judge Amit P. Mehta on 10/09/2015. (lcapm2) (Entered: 10/09/2015)
2015-10-13		Set/Reset Deadlines: State shall file Status Report due by 10/22/2015. (zmm) (Entered: 10/13/2015)
2015-10-22	19	STATUS REPORT by U.S. DEPARTMENT OF STATE. (Prince, Robert) (Entered: 10/22/2015)
2015-10-29	20	Joint STATUS REPORT by U.S. DEPARTMENT OF STATE. (Prince, Robert) (Entered: 10/29/2015)
2015-11-03		MINUTE ORDER: Upon consideration of the parties' 20 October 29, 2015, Joint Status Report, the court sets a Status Conference for November 13th, 2015, at 9:30 a. m. in Courtroom 10. Signed by Judge Amit P. Mehta on 11/03/2015. (lcapm2) (Entered: 11/03/2015)
2015-11-03		Set/Reset Deadlines/Hearings: Status Conference set for 11/13/2015 at 9:30 AM in Courtroom 10 before Judge Amit P. Mehta. (cdw) (Entered: 11/04/2015)
2015-11-13		Minute Entry for proceedings held before Judge Amit P. Mehta: Status Conference held on 11/13/2015. (Court Reporter: Barbara DeVico) (cdw) (Entered: 11/13/2015)
2015-11-13	21	ORDER setting the following schedule for further proceedings in this matter: Defendant shall inform Plaintiff, on or before November 16, 2015, of the number of documents obtained from Cheryl Mills, Jacob Sullivan, and Huma Abedin, that are potentially responsive to FOIA Request 1; Two-weeks after each production of "Clinton emails" in Leopold v. State, No. 15-cv-00123-RC (October 20, 2015; November 30, 2015; December 31, 2015; January 29, 2016), Defendant shall provide to Plaintiff a list of documents posted in that production that are responsive to FOIA Request 1; Defendant shall complete production of non-exempt portions of records responsive to FOIA Request 2 on or before February 3, 2016, with an interim rolling production on or before December 23, 2015; the parties shall file a Joint Status Report, on or before February 17, 2016, in which they will provide the court with an update on Defendants' response to FOIA Requests 1 and 2, as well as any other information that the parties believe the court should be aware of. Please see the attached Order for additional details. Signed by Judge Amit P. Mehta on 11/13/2015. (lcapm2) (Entered: 11/13/2015)
2015-11-16	22	AMENDED ORDER that includes a Joint Status Report to be filed on or before December 29, 2015, and sets the following complete schedule for further proceedings in this matter: Defendant shall inform Plaintiff, on or before November 16, 2015, of the number of documents obtained from Cheryl Mills, Jacob Sullivan, and Huma Abedin, that are potentially responsive to FOIA Request 1; Two-weeks after each production of "Clinton emails" in Leopold v. State, No. 15-cv-00123-RC (October 20, 2015; November 30, 2015; December 31, 2015; January 29, 2016), Defendant shall provide to Plaintiff a list of documents posted in that production that are responsive to FOIA Request 1; Defendant shall complete production of non-exempt portions of records responsive to FOIA Request 2 on or before February 3, 2016, with an interim rolling production on or before December 23, 2015; the parties shall file a Joint Status Report, on or before December 29, 2015, in which they will provide the court with an update on Defendants' response to FOIA Requests 1 and 2, as well as any other information that the parties believe the court should be aware of; the parties shall file a Joint Status Report, on or before February 17, 2016, in which they will provide the court with an update on Defendants' response to FOIA Requests 1 and 2, as well as any other information that the parties believe the court should be aware of. Please see the attached Order for additional details. Signed by Judge Amit P. Mehta on 11/16/2015. (lcapm2) (Entered: 11/16/2015)
2015-11-16		Set/Reset Deadlines/Hearings: Joint Status Reports due by 12/29/2015 and 2/17/2016. (cdw) (Entered: 11/17/2015)
2015-11-20	23	Joint STATUS REPORT by U.S. DEPARTMENT OF STATE. (Prince, Robert) (Entered: 11/20/2015)
2015-12-29	24	Joint STATUS REPORT by JUDICIAL WATCH, INC.. (Cotca, Ramona) (Entered: 12/29/2015)
2016-01-11	25	ORDER. Upon consideration of the parties' 23 November 20, 2015 and 24 December 29, 2015, Joint Status Reports, and consistent with the court's 22 November 16, 2015, Amended Order, the court orders the following: Defendant shall produce, on or before February 12, 2016, all non-duplicate, nonexempt, responsive emails from the documents provided to it by Cheryl Mills, Huma Abedin, and Jacob Sullivan; The parties shall file a Joint Status Report, on or before February 17, 2016, in which they will provide the court with an update on Defendants response to FOIA Requests 1 and 2, as well as any other information that the parties believe the court should be aware of. Signed by Judge Amit P. Mehta on 01/11/2016. (lcapm2) (Entered: 01/11/2016)
2016-01-11		Set/Reset Deadlines/Hearings: Joint Status Report due by 2/17/2016. (cdw) (Entered: 01/12/2016)
2016-02-03	26	Unopposed MOTION for Extension of Time to Complete Production for FOIA Request 2 by U.S. DEPARTMENT OF STATE (Attachments: # 1 Text of Proposed Order)(Prince, Robert) (Entered: 02/03/2016)
2016-02-04		MINUTE ORDER granting 26 Defendant's Unopposed Motion for Extension of Time. Defendant shall complete production of the non-exempt portions of records responsive to FOIA Request 2 on or before February 5, 2016. Signed by Judge Amit P. Mehta on 02/04/2016. (lcapm2) (Entered: 02/04/2016)
2016-02-05		Set/Reset Deadlines: Defendant to complete production of the non-exempt portions of records responsive to FOIA Request 2 on or before 2/5/2016. (zmm) (Entered: 02/05/2016)
2016-02-09	27	MOTION to Modify Scheduling Order by U.S. DEPARTMENT OF STATE (Attachments: # 1 Text of Proposed Order, # 2 Leopold Extension Motion, # 3 Reply in Support of Leopold Extension Motion)(Prince, Robert) (Entered: 02/09/2016)
2016-02-10	28	ORDER granting 27 Defendant's Motion to Modify Scheduling Order. Please see the attached Order for additional details. Signed by Judge Amit P. Mehta on 02/10/2016. (lcapm2) (Entered: 02/10/2016)
2016-02-17	29	Joint STATUS REPORT by U.S. DEPARTMENT OF STATE. (Prince, Robert) (Entered: 02/17/2016)
2016-02-17		MINUTE ORDER: Upon consideration of the parties 29 February 17, 2016, Joint Status Report, the court orders the parties to file another Joint Status Report, on or before March 11, 2016, in which they will provide the court with an update on Defendant's response to FOIA Request 1, as well as any other information that the parties believe the court should be aware of. Signed by Judge Amit P. Mehta on 02/17/2016. (lcapm2) (Entered: 02/17/2016)
2016-02-18		Set/Reset Deadlines: Joint Status Report due by 3/11/2016. (zmm) (Entered: 02/18/2016)
2016-03-11	30	Joint STATUS REPORT by U.S. DEPARTMENT OF STATE. (Prince, Robert) (Entered: 03/11/2016)
2016-03-14		MINUTE ORDER: Upon consideration of the parties' 30 March 11, 2016, Joint Status Report, the court orders the parties to file another Joint Status Report, on or before April 29, 2016, in which they will provide the court with an update on their discussions regarding Plaintiff's FOIA requests, as well as any other information that they believe the court should be aware of. Signed by Judge Amit P. Mehta on 03/14/2016. (lcapm2) (Entered: 03/14/2016)
2016-03-14		Set/Reset Deadlines/Hearings: Joint Status Report due by 4/29/2016. (cdw) (Entered: 03/15/2016)
2016-04-29	31	Joint STATUS REPORT by U.S. DEPARTMENT OF STATE. (Prince, Robert) (Entered: 04/29/2016)
2016-05-02	32	VACATED PURSUANT TO COURT'S ORDER OF 7/22/2016**********ORDER setting the following schedule for further proceedings in this matter: Defendant's Motion for Summary Judgment is due on or before July 22, 2016; Plaintiff's Motion for Discovery pursuant to Federal Rule of Civil Procedure 56(d) or its Cross-Motion for Summary Judgment and Opposition to Defendant's Motion for Summary Judgment is due on or before August 22, 2016; Defendant's Opposition to Plaintiff's Motion for Discovery or Defendant's Opposition to Plaintiff's Cross-Motion for Summary Judgment and Reply to Plaintiff's Opposition to Defendant's Motion for Summary Judgment is due on or before September 22, 2016; Plaintiff's Reply to Defendant's Opposition to Plaintiff's Motion for Discovery or Plaintiff's Reply to Defendant's Opposition to Plaintiff's Cross-Motion for Summary Judgment is due on or before October 14, 2016. Please see the attached Order for additional details. Signed by Judge Amit P. Mehta on 05/02/2016. (lcapm2) Modified on 7/25/2016 (zcdw). (Entered: 05/02/2016)
2016-05-02		Set/Reset Deadlines/Hearings: Defendants Summary Judgment motion due by 7/22/2016. Response to Motion for Summary Judgment due by 8/22/2016. Reply to Motion for Summary Judgment due by 9/22/2016. Plaintiffs Motion for Discovery or Cross Motion due by 8/22/2016. Response due by 9/22/2016. Reply due by 10/14/2016. (cdw) (Entered: 05/04/2016)
2016-07-22	33	Unopposed MOTION to Vacate Briefing Schedule by U.S. DEPARTMENT OF STATE (Attachments: # 1 Text of Proposed Order, # 2 Exhibit, # 3 Exhibit)(Prince, Robert) (Entered: 07/22/2016)
2016-07-22		MINUTE ORDER granting 33 Defendant's Unopposed Motion to Vacate Briefing Schedule. The court vacates the schedule set in its 32 May 2, 2016, Order, and orders Defendant to file, on or before August 9, 2016, a Status Report updating the court on the transfer of information from the FBI to State and the status of State's plans to search for records responsive to FOIA Request 1 within the transferred information. Signed by Judge Amit P. Mehta on 07/22/2016. (lcapm2) (Entered: 07/22/2016)
2016-07-22		Set/Reset Deadlines/Hearings: Defendant's Status Report due by 8/9/2016. (cdw) (Entered: 07/25/2016)
2016-08-09	34	STATUS REPORT by U.S. DEPARTMENT OF STATE. (Prince, Robert) (Entered: 08/09/2016)
2016-08-18		MINUTE ORDER: Defendant Department of State shall file a status report no later than August 23, 2016, which updates the court on its search and production efforts in response to FOIA Request 1, as well as any other pertinent information. Signed by Judge Amit P. Mehta on 08/18/2016. (lcapm2) (Entered: 08/18/2016)
2016-08-18		Set/Reset Deadlines/Hearings: Department of State's Status Report due by 8/23/2016. (cdw) (Entered: 08/19/2016)
2016-08-23	35	STATUS REPORT by U.S. DEPARTMENT OF STATE. (Prince, Robert) (Entered: 08/23/2016)
2016-08-24	36	RESPONSE re 35 Status Report filed by JUDICIAL WATCH, INC.. (Cotca, Ramona) (Entered: 08/24/2016)
2016-08-30		Set/Reset Deadlines/Hearings: Status Conference set for 8/30/2016 at 11:45 AM in Courtroom 10 before Judge Amit P. Mehta. (cdw) (Entered: 08/30/2016)
2016-08-30		Minute Entry for proceedings held before Judge Amit P. Mehta: Status Conference held on 8/30/2016. Parties to submit a Status Report on 9/6/2016. (Court Reporter: Patricia Kaneshiro-Miller) (cdw) (Entered: 08/31/2016)
2016-09-07	37	Joint STATUS REPORT by U.S. DEPARTMENT OF STATE. (Attachments: # 1 Documents Produced 9/6/2016)(Prince, Robert) (Entered: 09/07/2016)
2016-09-07		MINUTE ORDER: Having reviewed 37 the parties' Joint Status Report, filed on September 7, 2016, as well as their prior reports, the court assumes that the productions pursuant to FOIA Requests 1 and 2 are now complete. (The parties had previously represented to the court in 31 the April 29, 2016, Joint Status Report that they were prepared to proceed with summary judgment briefing, only to have that schedule vacated to enable Defendant to collect and produce responsive records received from the FBI.) The court therefore directs the parties to meet and confer to propose a summary judgment briefing schedule. The parties shall propose a briefing schedule no later than September 14, 2016. The court agrees with Defendant that the issue of whether FOIA requires the production of emails that are duplicative except for their metadata is better considered after receiving briefing from the parties. (Entered: 09/07/2016)
2016-09-13	38	Joint STATUS REPORT by U.S. DEPARTMENT OF STATE. (Prince, Robert) (Entered: 09/13/2016)
2016-09-13	39	ENTERED IN ERROR..........ORDER: In light of 38 the parties' Joint Status Report, the schedule for further proceedings shall be as follows: Defendants' Motions for Summary Judgment shall be filed on or before December 16, 2016; Plaintiff's Motion for Discovery pursuant to Federal Rule of Civil Procedure 56(d) or its Cross-Motion for Summary Judgment and Opposition to Defendants' Motions for Summary Judgment shall be filed on or before January 16, 2017; Defendant Department of State's Opposition to Plaintiff's Motion for Discovery or Defendants' Opposition to Plaintiff's Cross-Motion for Summary Judgment and Reply to Plaintiff's Opposition to Defendants' Motions for Summary Judgment shall be filed on or before February 15, 2017; Plaintiff's Reply to Defendant Department of State's Opposition to Plaintiff's Motion for Discovery or Plaintiff's Reply to Defendants' Opposition to Plaintiff's Cross-Motion for Summary Judgment shall be filed on or before March 1, 2017. It is further ordered that the parties shall submit a Joint Status Report on or before November 10, 2016. Please see the attached Order for additional details. Signed by Judge Amit P. Mehta on 09/13/2016. (lcapm2) Modified on 9/13/2016 (zcdw). (Entered: 09/13/2016)
2016-09-13		MINUTE ORDER: In light of 38 the parties' Joint Status Report, the schedule for further proceedings in the matter shall be as follows: Defendant's Motion for Summary Judgment shall be filed on or before October 11, 2016; Plaintiff's Motion for Discovery pursuant to Federal Rule of Civil Procedure 56(d) or its Cross-Motion for Summary Judgment and Opposition to Defendant's Motion for Summary Judgment shall be filed on or before November 11, 2016; Defendant's Opposition to Plaintiff's Motion for Discovery or Defendant's Opposition to Plaintiff's Cross-Motion for Summary Judgment and Reply to Plaintiff's Opposition to Defendant's Motion for Summary Judgment shall be filed on or before December 22, 2016; Plaintiff's Reply to Defendant's Opposition to Plaintiff's Motion for Discovery or Plaintiff's Reply to Defendant's Opposition to Plaintiff's Cross-Motion for Summary Judgment shall be filed on or before January 23, 2017. Signed by Judge Amit P. Mehta on 09/13/2016. (lcapm2) (Entered: 09/13/2016)
2016-09-13		Set/Reset Deadlines/Hearings: Defendant's Summary Judgment motion due by 10/11/2016. Response to Motion for Summary Judgment due by 11/11/2016. Reply to Motion for Summary Judgment due by 12/22/2016. Plaintiff's Cross Motion due by 11/11/2016. Response to Cross Motion due by 12/22/2016. Reply to Cross Motion due by 1/23/2017.Motion for Discovery due by 11/11/2016. Responses due by 12/22/2016. Reply due by 1/23/2017. (cdw) (Entered: 09/14/2016)
2016-10-11	40	MOTION for Summary Judgment by U.S. DEPARTMENT OF STATE (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order, # 3 Statement of Facts, # 4 Declaration re FOIA Request 1, # 5 Declaration re FBI Information, # 6 Declaration re FOIA Request 2)(Prince, Robert) (Entered: 10/11/2016)
2016-11-10	41	Unopposed MOTION for Extension of Time to File Response/Reply as to 40 MOTION for Summary Judgment with Cross-Motion for Summary Judgment or a 56(d) Motion for Discovery by JUDICIAL WATCH, INC. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Text of Proposed Order)(Cotca, Ramona) (Entered: 11/10/2016)
2016-11-10		MINUTE ORDER granting 41 Plaintiff's Unopposed Motion for Extension of Time to File. The schedule for further proceedings shall be as follows: Plaintiff's Motion for Discovery pursuant to Federal Rule of Civil Procedure 56(d) or its Cross-Motion for Summary Judgment and Opposition to Defendant's Motion for Summary Judgment shall be filed on or before December 9, 2016; Defendant's Opposition to Plaintiff's Motion for Discovery or Defendant's Opposition to Plaintiff's Cross-Motion for Summary Judgment and Reply in Support of its Motion for Summary Judgment shall be filed on or before January 23, 2017; Plaintiff's Reply in Support of its Motion for Discovery or Plaintiff's Reply in Support of its Cross-Motion for Summary Judgment shall be filed on or before February 10, 2017. Signed by Judge Amit P. Mehta on 11/10/2016. (lcapm2) (Entered: 11/10/2016)
2016-11-14		Set/Reset Deadlines/Hearings: Response to Motion for Summary Judgment due by 12/9/2016. Reply to Motion for Summary Judgment due by 1/23/2017. Cross Motion due by 12/9/2016. Response to Cross Motion due by 1/23/2017. Reply to Cross Motion due by 2/10/2017. Motion for Discovery due by 12/9/2016. Response due by 1/23/2017. Reply due by 2/10/2017. (cdw) (Entered: 11/14/2016)
2016-12-09	42	Memorandum in opposition to re 40 MOTION for Summary Judgment (with Response to Statement of Material Facts) filed by JUDICIAL WATCH, INC.. (Attachments: # 1 Declaration with Exhibits, # 2 Text of Proposed Order)(Cotca, Ramona) (Entered: 12/09/2016)
2016-12-09	43	Cross MOTION for Summary Judgment (with Statement of Material Facts) by JUDICIAL WATCH, INC. (Attachments: # 1 Declaration with Exhibits, # 2 Text of Proposed Order)(Cotca, Ramona) (Entered: 12/09/2016)
2017-01-19	44	REPLY to opposition to motion re 40 MOTION for Summary Judgment filed by U.S. DEPARTMENT OF STATE. (Attachments: # 1 Statement of Facts, # 2 Declaration, # 3 Exhibit A)(Prince, Robert) (Entered: 01/19/2017)
2017-01-19	45	Memorandum in opposition to re 43 Cross MOTION for Summary Judgment (with Statement of Material Facts) filed by U.S. DEPARTMENT OF STATE. (Attachments: # 1 Statement of Facts, # 2 Declaration, # 3 Exhibit A)(Prince, Robert) (Entered: 01/19/2017)
2017-02-10	46	REPLY to opposition to motion re 43 Cross MOTION for Summary Judgment (with Statement of Material Facts) with Response to Defendant's Supplemental Statement of Material Facts filed by JUDICIAL WATCH, INC.. (Attachments: # 1 Declaration by Katherine Bailey, # 2 Exhibit 1-2)(Cotca, Ramona) (Entered: 02/10/2017)
2017-07-25		MINUTE ORDER. As the court noted in a teleconference held on this date, the redacted portion of the email as to which Defendant has asserted Exemption 5 appears to have been publicly disclosed by the Select Committee on Benghazi. See Pl.'s Reply in Supp. of Cross-Mot. for Summ. J., ECF No. 46, Exhibits, ECF No. 46-2 at 140. The parties shall meet and confer and no later than August 1, 2017, indicate whether a dispute remains over disclosure of the email in full. Signed by Judge Amit P. Mehta on 07/25/2017. (lcapm3) (Entered: 07/25/2017)
2017-08-01	47	Joint STATUS REPORT by U.S. DEPARTMENT OF STATE. (Prince, Robert) (Entered: 08/01/2017)
2017-08-08	48	MEMORANDUM OPINION AND ORDER granting in part and denying in part 40 Defendant's Motion for Summary Judgment, and granting in part 43 Plaintiff's Cross-Motion for Summary Judgment. See attached Memorandum Opinion and Order for additional details. Signed by Judge Amit P. Mehta on 08/08/2017. (lcapm3) (Entered: 08/08/2017)
2017-08-08		Set/Reset Deadlines/Hearings: Joint Status Report due by 9/22/2017. (zcdw) (Entered: 08/09/2017)
2017-09-22	49	Joint STATUS REPORT by JUDICIAL WATCH, INC.. (Cotca, Ramona) (Entered: 09/22/2017)
2017-09-22		MINUTE ORDER: The parties shall next file a Joint Status Report no later than November 17, 2017, which addresses (1) Defendant's review and disclosure of the four unique e-mails found in the search of three state.gov email accounts, and (2) Defendant's review and production of e-mails provided to it by the FBI in June 2017. If the parties know by that date whether an additional round of summary judgment briefing will be required, then the parties shall propose a schedule. Signed by Judge Amit P. Mehta on 09/22/2017. (lcapm1) (Entered: 09/22/2017)
2017-11-17	50	Joint STATUS REPORT by U.S. DEPARTMENT OF STATE. (Prince, Robert) (Entered: 11/17/2017)
2017-11-17		MINUTE ORDER. The parties shall file a Joint Status Report on or before January 17, 2018, which addresses: (1) whether there remain any disputes concerning the four state.gov emails produced to Plaintiff; and (2) whether litigation will be required to resolve the question whether Defendant must conduct a search of the documents it received from the Federal Bureau of Investigation. Signed by Judge Amit P. Mehta on 11/17/2017. (lcapm2) (Entered: 11/17/2017)
2017-11-17		Set/Reset Deadlines/Hearings: Joint Status Report due by 1/17/2018. (zcdw) (Entered: 11/20/2017)
2018-01-17	51	Joint STATUS REPORT by U.S. DEPARTMENT OF STATE. (Prince, Robert) (Entered: 01/17/2018)
2018-01-17		MINUTE ORDER. The parties shall file a Joint Status Report on or before February 21, 2018, which updates the court on their efforts to resolve this matter and, if those efforts are unsuccessful, proposes a briefing schedule. Signed by Judge Amit P. Mehta on 1/17/2018. (lcapm2) (Entered: 01/17/2018)
2018-01-17		Set/Reset Deadlines/Hearings: Joint Status Report due by 2/21/2018. (zcdw) (Entered: 01/18/2018)
2018-02-21	52	Joint STATUS REPORT by U.S. DEPARTMENT OF STATE. (Prince, Robert) (Entered: 02/21/2018)
2018-02-21	53	ORDER entering the briefing schedule proposed in the parties' 52 Joint Status Report as follows: (1) Plaintiff shall inform Defendant on or before March 23, 2018, what aspects of the holdings and the search for responsive records it intends to challenge; (2) Defendant's Motion for Summary Judgment is due on or before April 20, 2018; (3) Plaintiff's Cross-Motion for Summary Judgment and Opposition to Defendant's Motion for Summary Judgment shall be filed on or before May 18, 2018; (4) Defendant's Reply and Opposition to Plaintiff's Motion for Summary Judgment shall be filed on or before June 1, 2018; and (5) Plaintiff's Reply shall be filed on or before June 15, 2018. See the attached Order for details. Signed by Judge Amit P. Mehta on 2/21/2018. (lcapm2) (Entered: 02/21/2018)
2018-02-21		Set/Reset Deadlines/Hearings: Defendants Summary Judgment motion due by 4/20/2018. Response to Motion for Summary Judgment due by 5/15/2018. Reply to Motion for Summary Judgment due by 6/1/2018. Plaintiffs Cross Motion due by 5/18/2018. Response to Cross Motion due by 6/1/2018. Reply to Cross Motion due by 6/15/2018. (zcdw) (Entered: 02/22/2018)
2018-04-18	54	Joint STATUS REPORT by U.S. DEPARTMENT OF STATE. (Prince, Robert) (Entered: 04/18/2018)
2018-04-19		VACATING THE BRIEFING SCHEDULE PURSUANT TO MINUTE ORDER FILED ON 06/15/18.....MINUTE ORDER. In light of the parties 54 Joint Status Report, it is hereby ordered that the parties shall proceed as follow with respect to attorneys' fees and costs concerning this litigation: (1) Plaintiff will provide its request for attorneys' fees and costs, including hourly rates for each person and a breakdown of hours by task and by person who worked on each task, on or before May 18, 2018; (2) the parties shall conclude settlement negotiations on or before June 15, 2018; (3) if necessary, Plaintiff will file its petition for costs and fees on or before July 20, 2018; (4) Defendant will file its response to Plaintiff's petition on or before August 10, 2018; and (5) Plaintiff will file its reply to Defendant's response on or before August 24, 2018. Signed by Judge Amit P. Mehta on 4/19/2018. (lcapm2) Modified on 6/15/2018 (ldc). (Entered: 04/19/2018)
2018-04-19		Set/Reset Deadlines/Hearings: Petition for costs and fees due by 7/20/2018. Response due by 8/10/2018. Reply due by 8/24/2018. (zcdw) (Entered: 04/24/2018)
2018-06-14	55	Joint STATUS REPORT by U.S. DEPARTMENT OF STATE. (Prince, Robert) (Entered: 06/14/2018)
2018-06-15		MINUTE ORDER vacating the briefing schedule previously set on April 19, 2018. The parties shall file, on or before July 15, 2018, either a Joint Status Report regarding the agreement or a stipulation of dismissal. Signed by Judge Amit P. Mehta on 6/15/2018. (lcapm2) (Entered: 06/15/2018)
2018-06-15		Set/Reset Deadlines: The parties shall file, on or before July 15, 2018, a Joint Status Report. (ldc) (Entered: 06/15/2018)
2018-07-11	56	STIPULATION of Dismissal with Prejudice by JUDICIAL WATCH, INC.. (Cotca, Ramona) (Entered: 07/11/2018)
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