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Case TitleCOMPETITIVE ENTERPRISE INSTITUTE v. OFFICE OF MANAGEMENT AND BUDGET
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2015cv01175
Date Filed2015-07-22
Date Closed2016-06-08
JudgeJudge Amy Berman Jackson
PlaintiffCOMPETITIVE ENTERPRISE INSTITUTE
Case DescriptionThe Competitive Enterprise Institute submitted a FOIA request to OMB for emails between OMB official Michael Fitzpatrick and EPA staff during 2009. OMB told CEI that its request was too broad and that most responsive emails would be protected under Exemption 5 (privileges). CEI appealed OMB's denial but after hearing nothing further from the agency, CEI filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantOFFICE OF MANAGEMENT AND BUDGET
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2015-07-221COMPLAINT by the only plaintiff against OFFICE OF MANAGEMENT AND BUDGET ( Filing fee $ 400 receipt number 0090-4183750) filed by COMPETITIVE ENTERPRISE INSTITUTE. (Attachments: # 1 Civil Cover Sheet, # 2 Summons for US Attorney, # 3 Summons for Office of Management and Budget (OMB), # 4 Summons for the Attorney General)(Bader, Hans) (Entered: 07/22/2015)
2015-07-22Case Assigned to Judge Amy Berman Jackson. (md) (Entered: 07/22/2015)
2015-07-222SUMMONS (3) Issued Electronically as to OFFICE OF MANAGEMENT AND BUDGET, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice of Consent) (md) (Entered: 07/22/2015)
2015-08-133RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 7/27/2015. ( Answer due for ALL FEDERAL DEFENDANTS by 8/26/2015.), RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. OFFICE OF MANAGEMENT AND BUDGET served on 7/27/2015, RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 7/27/2015. (Bader, Hans) (Entered: 08/13/2015)
2015-08-214NOTICE of Appearance by Alexander Daniel Shoaibi on behalf of OFFICE OF MANAGEMENT AND BUDGET (Shoaibi, Alexander) (Entered: 08/21/2015)
2015-08-215Consent MOTION for Extension of Time to Respond to Complaint by OFFICE OF MANAGEMENT AND BUDGET (Attachments: # 1 Text of Proposed Order)(Shoaibi, Alexander) (Entered: 08/21/2015)
2015-08-21MINUTE ORDER granting 5 Motion for Extension of Time. Defendant shall respond to the complaint on or before September 28, 2015. Signed by Judge Amy Berman Jackson on 8/21/2015. (lcabj2) (Entered: 08/21/2015)
2015-08-22Set/Reset Deadlines: Defendant's Response to the complaint is now due by 9/28/2015. (jth) (Entered: 08/22/2015)
2015-09-256Consent MOTION for Extension of Time to Respond to Complaint by OFFICE OF MANAGEMENT AND BUDGET (Attachments: # 1 Text of Proposed Order)(Shoaibi, Alexander) (Entered: 09/25/2015)
2015-09-25MINUTE ORDER granting 6 Motion for Extension of Time. Defendant's response to the complaint in this case shall be due on or before October 28, 2015. Signed by Judge Amy Berman Jackson on 9/25/2015. (lcabj2) (Entered: 09/25/2015)
2015-09-28Set/Reset Deadlines: Defendant's Response to the Complaint shall be due by 10/28/2015. (jth) (Entered: 09/28/2015)
2015-10-277Consent MOTION for Extension of Time to Respond to Complaint by OFFICE OF MANAGEMENT AND BUDGET (Attachments: # 1 Text of Proposed Order)(Shoaibi, Alexander) (Entered: 10/27/2015)
2015-10-27MINUTE ORDER granting 7 Motion for Extension of Time. Defendant's response to the complaint in this case shall be due on or before November 30, 2015. Signed by Judge Amy Berman Jackson on 10/27/2015. (lcabj2) (Entered: 10/27/2015)
2015-10-28Set/Reset Deadlines: Defendant's Response to the Complaint is now due by 11/30/2015. (jth) (Entered: 10/28/2015)
2015-12-02MINUTE ORDER. In 7 defendant's third consent motion for an extension of time to respond to the complaint, defendant stated that "[t]he parties have agreed to further narrow the scope of the search in this case, and believe that an additional thirty days will allow sufficient time for potential resolution of this case without further litigation." In light of that representation, the Court granted the motion and gave defendant until November 30, 2015 to respond. Min. Order (Oct. 27, 2015). As of today, no response has been filed. Thus, it is ORDERED that by December 4, 2015, defendant shall either file its response to the complaint or a report advising the Court of the status of the joint resolution of this case. Signed by Judge Amy Berman Jackson on 12/2/2015. (lcabj2) (Entered: 12/02/2015)
2015-12-02Set/Reset Deadlines: Defendant shall either file its Response to the Complaint or a Report advising the Court of the Status of the Joint Resolution of this case by 12/4/2015. (jth) (Entered: 12/02/2015)
2015-12-048ANSWER to Complaint by OFFICE OF MANAGEMENT AND BUDGET.(Shoaibi, Alexander) (Entered: 12/04/2015)
2015-12-049ORDER. Defendant shall file a dispositive motion or, in the alternative, a report setting forth the schedule for the completion of its production of documents to plaintiff on or before January 4, 2016. Signed by Judge Amy Berman Jackson on 12/4/2015. (lcabj2) (Entered: 12/04/2015)
2015-12-04Set/Reset Deadlines: Defendant's Dispositive Motion or, in the alternative, a Report setting forth the schedule according to which it will complete its production of documents to plaintiff is due by 1/4/2016. (jth) (Entered: 12/04/2015)
2015-12-3010STATUS REPORT of Production Schedule by OFFICE OF MANAGEMENT AND BUDGET. (Shoaibi, Alexander) (Entered: 12/30/2015)
2016-01-04MINUTE ORDER. In light of 10 defendant's status report, it is ORDERED that the parties shall file a joint report advising the Court of the status of the production of documents to plaintiff on or before January 29, 2016. Signed by Judge Amy Berman Jackson on 1/4/2016. (lcabj2) (Entered: 01/04/2016)
2016-01-05Set/Reset Deadlines: The parties shall file a Joint Report advising the Court of the Status of the production of documents to Plaintiff by 1/29/2016. (jth) (Entered: 01/05/2016)
2016-01-2911Joint STATUS REPORT of the parties regarding production filed by COMPETITIVE ENTERPRISE INSTITUTE. (Bader, Hans) (Entered: 01/29/2016)
2016-02-01MINUTE ORDER. In light of 11 the parties' joint status report, it is ORDERED that the parties shall file another joint report advising the Court of the status of this matter on February 8, 2016. Signed by Judge Amy Berman Jackson on 2/1/2016. (lcabj2) (Entered: 02/01/2016)
2016-02-01Set/Reset Deadline: The Parties shall file another Joint Report advising the Court of the Status of this matter on 2/8/2016. (jth) (Entered: 02/01/2016)
2016-02-0812Joint STATUS REPORT by OFFICE OF MANAGEMENT AND BUDGET. (Shoaibi, Alexander) (Entered: 02/08/2016)
2016-02-09MINUTE ORDER. In light of 12 the parties' joint status report, it is ORDERED that the parties shall file another joint report advising the Court of the status of this matter, and proposing a briefing schedule, if necessary, on February 24, 2016. Signed by Judge Amy Berman Jackson on 2/9/2016. (lcabj2) (Entered: 02/09/2016)
2016-02-09Set/Reset Deadlines: The parties shall file another Joint Report advising the Court of the Status of this matter, and proposing a Briefing Schedule, if necessary, by 2/24/2016. (jth) (Entered: 02/09/2016)
2016-02-2313Joint STATUS REPORT by OFFICE OF MANAGEMENT AND BUDGET. (Shoaibi, Alexander) (Entered: 02/23/2016)
2016-02-25MINUTE ORDER. In light of 13 the parties' joint status report, it is ORDERED that the parties shall file another joint report advising the Court of the status of this matter, and proposing a briefing schedule, if necessary, on March 1, 2016. Signed by Judge Amy Berman Jackson on 2/25/2016. (lcabj2) (Entered: 02/25/2016)
2016-02-26Set/Reset Deadlines: The parties shall file another Joint Report advising the Court of the Status of this matter, and proposing a Briefing Schedule, if necessary, on 3/1/2016. (jth) (Entered: 02/26/2016)
2016-03-0114Joint STATUS REPORT by OFFICE OF MANAGEMENT AND BUDGET. (Shoaibi, Alexander) (Entered: 03/01/2016)
2016-03-03MINUTE ORDER. In light of 14 the parties' joint status report, it is ORDERED that the parties shall file another joint report advising the Court of the status of this matter, and proposing a briefing schedule, if necessary, on March 15, 2016. Signed by Judge Amy Berman Jackson on 3/3/2016. (lcabj2) (Entered: 03/03/2016)
2016-03-03Set/Reset Deadlines: Joint Status Report due by 3/15/2016. (tb) (Entered: 03/03/2016)
2016-03-1515Joint STATUS REPORT of the parties filed by COMPETITIVE ENTERPRISE INSTITUTE. (Bader, Hans) (Entered: 03/15/2016)
2016-03-16MINUTE ORDER. In light of 15 the parties' joint status report, it is ORDERED that the parties shall file another joint report advising the Court of the status of this matter, and proposing a briefing schedule, if necessary, on March 29, 2016. Signed by Judge Amy Berman Jackson on 3/16/2016. (lcabj2) (Entered: 03/16/2016)
2016-03-16Set/Reset Deadlines: The parties shall file another Joint Report advising the Court of the Status of this matter, and proposing a Briefing Schedule, if necessary, on 3/29/2016. (jth) (Entered: 03/16/2016)
2016-03-2916Joint STATUS REPORT of the parties filed by COMPETITIVE ENTERPRISE INSTITUTE. (Bader, Hans) (Entered: 03/29/2016)
2016-03-30MINUTE ORDER. In light of 16 the parties' joint status report, it is ORDERED that the parties shall file another joint report advising the Court of the status of this matter, and proposing a briefing schedule, if necessary, on April 18, 2016. Signed by Judge Amy Berman Jackson on 3/30/2016. (lcabj2) (Entered: 03/30/2016)
2016-03-30Set/Reset Deadlines: The parties shall file another Joint Report advising the Court of the Status of this matter, and proposing a Briefing Schedule, if necessary, on 4/18/2016. (jth) (Entered: 03/30/2016)
2016-04-1817Joint STATUS REPORT by OFFICE OF MANAGEMENT AND BUDGET. (Shoaibi, Alexander) (Entered: 04/18/2016)
2016-04-19MINUTE ORDER. In light of 17 the parties' joint status report, it is ORDERED that the parties shall submit a further status report and proposed briefing schedule on April 25, 2016, if the case has not been dismissed by that date. Signed by Judge Amy Berman Jackson on 4/19/2016. (lcabj2) (Entered: 04/19/2016)
2016-04-19Set/Reset Deadlines: Status Report/Proposed Briefing Schedule due by 4/25/2016. (tb) (Entered: 04/19/2016)
2016-04-2518Joint STATUS REPORT by COMPETITIVE ENTERPRISE INSTITUTE. (Bader, Hans) (Entered: 04/25/2016)
2016-04-25MINUTE ORDER. In light of 18 the parties' joint status report, it is ORDERED that the parties shall submit a further status report and proposed briefing schedule on May 2, 2016, if the case has not been dismissed by that date. Signed by Judge Amy Berman Jackson on 4/25/2016. (lcabj2) (Entered: 04/25/2016)
2016-04-25Set/Reset Deadlines: The parties shall submit a further Joint Status Report and proposed briefing schedule on 5/2/2016, if the case has not been dismissed by that date. (jth) (Entered: 04/25/2016)
2016-05-0219Joint STATUS REPORT of the parties by COMPETITIVE ENTERPRISE INSTITUTE. (Bader, Hans) (Entered: 05/02/2016)
2016-05-02MINUTE ORDER. In light of 19 the parties' joint status report, it is ORDERED that any motion for attorney fees shall be due by June 3, 2016, if the case has not been dismissed by that date, with any opposition due by June 24, 2016, and any reply due by July 7, 2016. SO ORDERED. Signed by Judge Amy Berman Jackson on 5/2/2016. (lcabj2) (Entered: 05/02/2016)
2016-05-03Set/Reset Deadlines: If the case has not been dismissed by that date, any Motion for Attorney Fees is due by 6/3/2016, Opposition is due by 6/24/2016, any Reply is due by 7/7/2016. (jth) (Entered: 05/03/2016)
2016-06-0120Consent MOTION for Extension of Time to File Plaintiff's Motion for Attorney Fees by COMPETITIVE ENTERPRISE INSTITUTE (Attachments: # 1 Text of Proposed Order)(Bader, Hans) (Entered: 06/01/2016)
2016-06-01MINUTE ORDER granting 20 Motion for Extension of Time to File. Plaintiff shall have until June 13, 2016 to file any motion for attorney fees, if the case has not been dismissed by that date. Signed by Judge Amy Berman Jackson on 6/1/2016. (lcabj2) (Entered: 06/01/2016)
2016-06-01Set/Reset Deadlines: If the case has not been dismissed by that date, any Motion for Attorney Fees is due by 6/13/2016. (jth) (Entered: 06/01/2016)
2016-06-0821STIPULATION of Dismissal JOINT by OFFICE OF MANAGEMENT AND BUDGET. (Shoaibi, Alexander) (Entered: 06/08/2016)
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by FOIA Project Staff
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