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Case TitleMALONE et al v. U.S. DEPARTMENT OF STATE et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2018cv01081
Date Filed2018-05-08
Date Closed2022-04-04
JudgeJudge Carl J. Nichols
PlaintiffPATRICK MALONE
PlaintiffPRATHEEK REBALA
PlaintiffCENTER FOR PUBLIC INTEGRITY
Case DescriptionPatrick Malone, Pratheek Rebala, and the Center for Public Integrity submitted FOIA requests to the Department of State and the Department of Energy. Malone submitted a request to State for records referencing Pope Francis. The agency acknowledged receipt of the request and asked Malone to narrow its scope, which he did. Rebala submitted a second request to State for records concerning a contract awarded to SCL Group Limited. The agency acknowledged receipt of that request. Malone submitted a FOIA request to Energy for records referencing Pope Francis. The agency acknowledged receipt of the request and asked Malone to narrow the scope of the request. Malone narrowed the scope of his request to eight identified DOE officials. The agency disclosed four responsive emails, but did not inform Malone of his right to appeal. After hearing nothing further from either agency, the Center for Public Integrity filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantU.S. DEPARTMENT OF STATE
DefendantU.S. DEPARTMENT OF ENERGY
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2018-05-081COMPLAINT against U.S. DEPARTMENT OF ENERGY, U.S. DEPARTMENT OF STATE ( Filing fee $ 400 receipt number 0090-5468913) filed by PATRICK MALONE, CENTER FOR PUBLIC INTEGRITY, PRATHEEK REBALA. (Attachments: # 1 Civil Cover Sheet, # 2 Summons to State Dept, # 3 Summons to Energy Dept, # 4 Summons to U.S. Atty, # 5 Summons to Atty Gen)(Smith, Peter) (Attachment 1 replaced on 5/8/2018) (zsth). (Entered: 05/08/2018)
2018-05-082LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by CENTER FOR PUBLIC INTEGRITY (Smith, Peter) (Main Document 2 replaced on 5/9/2018) (ztnr). (Entered: 05/08/2018)
2018-05-08Case Assigned to Judge Amit P. Mehta. (zsth) (Entered: 05/08/2018)
2018-05-083SUMMONS (4) Issued Electronically as to U.S. DEPARTMENT OF ENERGY, U.S. DEPARTMENT OF STATE, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(zsth) (Entered: 05/08/2018)
2018-05-144RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 5/14/2018. Answer due for ALL FEDERAL DEFENDANTS by 6/13/2018. (Smith, Peter) (Entered: 05/14/2018)
2018-06-055RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF ENERGY served on 5/18/2018, RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 5/18/2018. (Attachments: # 1 Exhibit Return Receipt - DOE, # 2 Exhibit Return Receipt - Attorney General, # 3 Exhibit USPS letter re State Dep't)(Smith, Peter) (Entered: 06/05/2018)
2018-06-116RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF STATE served on 6/11/2018 (Attachments: # 1 Exhibit Return Receipt - State Dep't)(Smith, Peter) (Entered: 06/11/2018)
2018-06-137ANSWER to Complaint by U.S. DEPARTMENT OF ENERGY, U.S. DEPARTMENT OF STATE.(Peterson, Benton) (Entered: 06/13/2018)
2018-06-158MINUTE 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 on or before June 29, 2018. The Joint Status Report shall include: (1) the status of Plaintiffs' FOIA request; (2) the anticipated number of documents responsive to Plaintiffs' FOIA request; (3) the anticipated date(s) for release of the documents requested by Plaintiffs; (4) whether a motion for stay is likely under Open America v. Watergate Special Prosecution Force, 547 F.2d 605 (D.C. Cir. 1976); and (5) whether the parties anticipate summary judgment briefing and, if so, a proposed briefing schedule. Signed by Judge Amit P. Mehta on 6/15/2018. (lcapm2) (Entered: 06/15/2018)
2018-06-15Set/Reset Deadlines: Parties Joint Status Report due on or before June 29, 2018. (ldc) (Entered: 06/15/2018)
2018-06-299Joint STATUS REPORT by U.S. DEPARTMENT OF ENERGY, U.S. DEPARTMENT OF STATE. (Peterson, Benton) (Entered: 06/29/2018)
2018-07-02MINUTE ORDER. In light of the parties' 9 Joint Status Report, the parties are directed to file another Joint Status Report on or before September 5, 2018, that updates the court on their search and production efforts and, if necessary, proposes a briefing schedule for summary judgment. Signed by Judge Amit P. Mehta on 7/2/2018. (lcapm2) (Entered: 07/02/2018)
2018-07-02Set/Reset Deadlines: Joint Status Report due by 9/5/2018. (kt) (Entered: 07/02/2018)
2018-09-0510Joint STATUS REPORT by CENTER FOR PUBLIC INTEGRITY, PATRICK MALONE, PRATHEEK REBALA. (Smith, Peter) (Entered: 09/05/2018)
2018-09-06MINUTE ORDER. In light of the parties' 10 Joint Status Report, the parties shall file an additional Joint Status Report on or before December 4, 2018. Signed by Judge Amit P. Mehta on 9/6/2018. (lcapm2) (Entered: 09/06/2018)
2018-09-06Set/Reset Deadlines: Joint Status Report due by 12/4/2018. (zjd) (Entered: 09/07/2018)
2018-12-0411Joint STATUS REPORT by CENTER FOR PUBLIC INTEGRITY, PATRICK MALONE, PRATHEEK REBALA. (Smith, Peter) (Entered: 12/04/2018)
2018-12-05MINUTE ORDER. In light of the parties' 11 Joint Status Report, the parties shall file an additional Joint Status Report on or before March 4, 2019. Signed by Judge Amit P. Mehta on 12/5/2018. (lcapm2) (Entered: 12/05/2018)
2018-12-05Set/Reset Deadlines: Joint Status Report due by 3/4/2019. (zjd) (Entered: 12/06/2018)
2019-03-0112NOTICE of Appearance by Derek S. Hammond on behalf of All Defendants (Hammond, Derek) (Entered: 03/01/2019)
2019-03-0413Joint STATUS REPORT by U.S. DEPARTMENT OF ENERGY, U.S. DEPARTMENT OF STATE. (Hammond, Derek) (Entered: 03/04/2019)
2019-03-06MINUTE ORDER. The parties shall file their next Joint Status Report no later than June 2, 2019, updating the court on Defendants' production efforts. Signed by Judge Amit P. Mehta on 3/6/2019. (lcapm2) (Entered: 03/06/2019)
2019-03-06Set/Reset Deadlines: Joint Status Report due by 6/2/2019. (zjd) (Entered: 03/10/2019)
2019-05-3114Joint STATUS REPORT by U.S. DEPARTMENT OF ENERGY, U.S. DEPARTMENT OF STATE. (Attachments: # 1 Text of Proposed Order)(Hammond, Derek) (Entered: 05/31/2019)
2019-06-03MINUTE ORDER. The parties shall file their next Joint Status Report no later than August 30, 2019, updating the court on Defendants' production efforts. Signed by Judge Amit P. Mehta on 6/3/2019. (lcapm2) (Entered: 06/03/2019)
2019-06-03Set/Reset Deadlines: Joint Status Report due by 8/30/2019. (zjd) (Entered: 06/03/2019)
2019-06-24Case directly reassigned to Judge Carl J. Nichols. Judge Amit P. Mehta is no longer assigned to the case. (rj) (Entered: 06/24/2019)
2019-08-3015Joint STATUS REPORT by U.S. DEPARTMENT OF ENERGY, U.S. DEPARTMENT OF STATE. (Attachments: # 1 Text of Proposed Order)(Hammond, Derek) (Entered: 08/30/2019)
2019-09-03MINUTE ORDER. In light of the Parties' 15 Joint Status Report, it is hereby ORDERED that the Parties shall submit an additional Joint Status Report by December 2, 2019. Signed by Judge Carl J. Nichols on September 3, 2019. (lccjn1) (Entered: 09/03/2019)
2019-09-03Set/Reset Deadlines/Hearings: Joint Status Report due by 12/2/2019. (zcdw) (Entered: 09/05/2019)
2019-11-2716NOTICE of Appearance by William J. Chang on behalf of All Defendants (Chang, William) (Entered: 11/27/2019)
2019-12-0217Joint STATUS REPORT by U.S. DEPARTMENT OF ENERGY, U.S. DEPARTMENT OF STATE. (Chang, William) (Entered: 12/02/2019)
2019-12-02MINUTE ORDER. In light of the Parties' 17 Joint Status Report, it is hereby ORDERED that the Parties shall file an additional Joint Status Report on or before January 31, 2020. Signed by Judge Carl J. Nichols on December 2, 2019. (lccjn1) (Entered: 12/02/2019)
2019-12-02Set/Reset Deadlines: Parties Additional Joint Status Report due by 1/31/2020. (mac) (Entered: 12/02/2019)
2020-01-3118Joint STATUS REPORT by U.S. DEPARTMENT OF ENERGY, U.S. DEPARTMENT OF STATE. (Attachments: # 1 Text of Proposed Order)(Hammond, Derek) (Entered: 01/31/2020)
2020-02-03MINUTE ORDER. In light of the Parties' 18 Joint Status Report, it is hereby ORDERED that the Parties shall file an additional Joint Status Report on or before April 30, 2020. Signed by Judge Carl J. Nichols on February 3, 2020. (lccjn1) (Entered: 02/03/2020)
2020-02-03Set/Reset Deadlines/Hearings: Joint Status Report due by 4/30/2020. (zcdw) (Entered: 02/04/2020)
2020-04-3019Joint STATUS REPORT by U.S. DEPARTMENT OF ENERGY, U.S. DEPARTMENT OF STATE. (Attachments: # 1 Text of Proposed Order)(Hammond, Derek) (Entered: 04/30/2020)
2020-05-04MINUTE ORDER. In light of the Parties' 19 Joint Status Report, it is hereby ORDERED that the Parties shall file an additional Joint Status Report on or before July 31, 2020. Signed by Judge Carl J. Nichols on May 4, 2020. (lccjn1) (Entered: 05/04/2020)
2020-05-04Set/Reset Deadlines/Hearings: Joint Status Report due by 7/31/2020. (zcdw) (Entered: 05/07/2020)
2020-07-3120Joint STATUS REPORT by U.S. DEPARTMENT OF ENERGY, U.S. DEPARTMENT OF STATE. (Attachments: # 1 Text of Proposed Order)(Hammond, Derek) (Entered: 07/31/2020)
2020-08-04MINUTE ORDER. In light of the Parties' 20 Joint Status Report, it is hereby ORDERED that the Parties shall file an additional Joint Status Report on or before September 30, 2020. Signed by Judge Carl J. Nichols on August 4, 2020. (lccjn1) (Entered: 08/04/2020)
2020-08-04Set/Reset Deadlines: Joint Status Report due by 9/30/2020. (zcal) (Entered: 08/04/2020)
2020-09-3021Joint STATUS REPORT by U.S. DEPARTMENT OF ENERGY, U.S. DEPARTMENT OF STATE. (Attachments: # 1 Text of Proposed Order)(Hammond, Derek) (Entered: 09/30/2020)
2020-10-01MINUTE ORDER. In light of the Parties' 21 Joint Status Report, it is hereby ORDERED that the Parties shall file an additional Joint Status Report on or before November 30, 2020. Signed by Judge Carl J. Nichols on October 1, 2020. (lccjn1) (Entered: 10/01/2020)
2020-10-01Set/Reset Deadlines: Joint Status Report due by 11/30/2020. (zcal) (Entered: 10/01/2020)
2020-10-0122NOTICE OF WITHDRAWAL OF APPEARANCE as to U.S. DEPARTMENT OF ENERGY, U.S. DEPARTMENT OF STATE. Attorney Benton Gregory Peterson; William Chang and Derek S. Hammond terminated. (Peterson, Benton) (Entered: 10/01/2020)
2020-11-3023Joint STATUS REPORT by U.S. DEPARTMENT OF ENERGY, U.S. DEPARTMENT OF STATE. (Hammond, Derek) (Entered: 11/30/2020)
2020-12-07MINUTE ORDER. In light of the Parties' 23 Joint Status Report, it is hereby ORDERED that the Parties shall file an additional Joint Status Report on or before January 31, 2021. Signed by Judge Carl J. Nichols on December 7, 2020. (lccjn1) (Entered: 12/07/2020)
2020-12-07Set/Reset Deadlines: Joint Status Report due by 1/31/2021. (zkh) (Entered: 12/07/2020)
2021-01-3124Joint STATUS REPORT by U.S. DEPARTMENT OF ENERGY, U.S. DEPARTMENT OF STATE. (Attachments: # 1 Text of Proposed Order)(Hammond, Derek) (Entered: 01/31/2021)
2021-02-01MINUTE ORDER. After review of the Parties' 24 Joint Status Report, it is hereby ORDERED that the Parties shall file an additional joint status report by March 31, 2021. Signed by Judge Carl J. Nichols on February 1, 2021. (lccjn1) (Entered: 02/01/2021)
2021-02-01Set/Reset Deadlines: Joint Status Report due by 3/31/2021. (zcal) (Entered: 02/01/2021)
2021-03-3125Joint STATUS REPORT by U.S. DEPARTMENT OF ENERGY, U.S. DEPARTMENT OF STATE. (Attachments: # 1 Text of Proposed Order)(Hammond, Derek) (Entered: 03/31/2021)
2021-05-2826Joint STATUS REPORT by U.S. DEPARTMENT OF ENERGY, U.S. DEPARTMENT OF STATE. (Hammond, Derek) (Entered: 05/28/2021)
2021-07-3027Joint STATUS REPORT by U.S. DEPARTMENT OF ENERGY, U.S. DEPARTMENT OF STATE. (Hammond, Derek) (Entered: 07/30/2021)
2021-08-15MINUTE ORDER. After review of the Parties' 27 Joint Status Report, it is hereby ORDERED that the Parties shall file an additional joint status report by September 28, 2021. Signed by Judge Carl J. Nichols on August 15, 2021. (lccjn1) (Entered: 08/15/2021)
2021-08-18Set/Reset Deadlines: Joint Status Report due by 9/28/2021. (zkh) (Entered: 08/18/2021)
2021-09-2828Joint STATUS REPORT by U.S. DEPARTMENT OF ENERGY, U.S. DEPARTMENT OF STATE. (Hammond, Derek) (Entered: 09/28/2021)
2021-09-30MINUTE ORDER. Upon consideration of Parties' 28 Joint Status Report, Parties are ordered to file an additional joint status report on or before December 2, 2021, including a recommendation for further proceedings. Signed by Judge Carl J. Nichols on September 30, 2021. (lccjn1) (Entered: 09/30/2021)
2021-09-30Set/Reset Deadlines: Joint Status Report due by 12/2/2021. (zcal) (Entered: 10/05/2021)
2021-12-0229Joint STATUS REPORT by U.S. DEPARTMENT OF ENERGY, U.S. DEPARTMENT OF STATE. (Hammond, Derek) (Entered: 12/02/2021)
2021-12-03MINUTE ORDER. Upon review of the 29 Joint Status Report, it is ORDERED the Parties shall file, by February 2, 2022, an additional joint status report, including a proposal for further proceedings. Signed by Judge Carl J. Nichols on December 3, 2021. (lccjn1) (Entered: 12/03/2021)
2022-02-0230Joint STATUS REPORT by U.S. DEPARTMENT OF ENERGY, U.S. DEPARTMENT OF STATE. (Attachments: # 1 Text of Proposed Order)(Hammond, Derek) (Entered: 02/02/2022)
2022-03-11MINUTE ORDER. Upon consideration of the 30 Joint Status Report, it is ORDERED that the Parties shall file, by April 2, 2022, an additional joint status report, including a proposal for further proceedings. Signed by Judge Carl J. Nichols on March 11, 2022. (lccjn1) (Entered: 03/11/2022)
2022-04-0131STIPULATION of Dismissal by CENTER FOR PUBLIC INTEGRITY, PATRICK MALONE, PRATHEEK REBALA. (Smith, Peter) (Entered: 04/01/2022)
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