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Case Title100REPORTERS et al v. U.S. DEPARTMENT OF STATE
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2019cv01753
Date Filed2019-06-17
Date ClosedOpen
JudgeJudge Randolph D. Moss
Plaintiff100REPORTERS
PlaintiffDOUGLAS GILLISON
Case Description1000Reporters submitted two FOIA requests to the Department of State for records concerning the agency's vetting of foreign and military security personnel under the Leahy Law. 1000Reporters also requested a fee waiver. The agency acknowledged receipt of the requests. The agency granted 1000Reporters' request for a fee waiver pertaining to its first request, but after the agency failed to respond, 1000Reporters filed an administrative appeal, which was denied. The agency asked 1000Reporters to narrow the scope of its second request, which it did. However, after hearing nothing further from the agency pertaining to either request, 1000Reporters filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Public Interest Fee Waiver, Litigation - Attorney's fees

DefendantU.S. DEPARTMENT OF STATE
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
Complaint attachment 7
Complaint attachment 8
Complaint attachment 9
Complaint attachment 10
Complaint attachment 11
Complaint attachment 12
Opinion/Order [38]
FOIA Project Annotation: Judge Rudolph Moss has ruled that the Department of State properly withheld some of the 38 records responsive to two FOIA requests from 100Reporters, a non-profit investigative news organization, seeking records on the vetting of foreign security personnel pursuant to two statutes commonly referred to as the "Leahy Laws." While he agreed with some of the agency's exemption claims, Moss found the agency had not yet shown that it conducted an adequate search in response to the FOIA requests. The requests were submitted by Douglas Gillison, a journalist working with 100Reporters. His first request asked for records on vetting of foreign security personnel under the Leahy Laws, but subsequently narrowed that request to records from the International Vetting and Security Tracking system created on or after January 1, 2017, that relate to Iraq, Afghanistan, Egypt, Columbia, Philippines, Cambodia, Mexico, and Bangladesh. Gillison's second request asked for guides and manuals related to Leahy Laws vetting, the Report on Government Police Training and Equipping Programs submitted to Congress pursuant to § 1235(c) of the Ike Skeleton National Defense Authorization Act of Fiscal Year 2011, and any similar reports submitted to Congress in subsequent fiscal years. The State Department searched for responsive records for both requests, disclosing some records in full or in part and withheld other records in full. When Moss ruled in the case, 38 records remained in dispute, with exemption claims under Exemption 5 (privileges), Exemption 6 (invasion of privacy), Exemption 7(C) (invasion of privacy concerning law enforcement records), Exemption 7(E) (investigative methods and techniques), and Exemption 7(F) (harm to a person). The Leahy Laws, passed in 1997, have two provisions, one of which applies to the Department of Defense and prohibits that agency from funding any foreign security force where credible information exists that the unit committed a gross violation of human rights. The funding prohibition can be waived if the Secretary of Defense, in consultation with the Secretary of State, determines the country has taken all necessary corrective steps. The State Leahy Law also provides a prohibition against funding of foreign security forces accused of human rights violations. However, the prohibition does not apply if the Secretary of State informs the Senate and House Committees on Foreign Relations and Appropriations that the government of such a country has taken steps to bring the responsible members to justice. Implementation of both Leahy Laws, known as "Leahy vetting" �" begins with the State Department. The Office of Security and Human Rights is the lead contact for Leahy vetting policy and workflow issues. When a foreign security force or one of its members is nominated to receive assistance from DOD or the State Department, the U.S. embassy in the unit's home country opens a case in the International Vetting and Security Tracking system. The U.S. embassy then conducts an investigation into the charges. If a unit is designated for U.S. assistance, the State Department vets that individual and their unit. In most cases, an additional interview is conducted by State Department analysts in Washington, D.C. When DOD-funded assistance is at issue, the State Department conducts Leahy vetting and provides DOD with pertinent derogatory information, but DOD is ultimately responsible for its compliance with the DOD Leahy law. DOS responded to Gillison's FOIA requests by providing 14 Excel spreadsheets from the INVEST systems for the eight countries that Gillison had identified. The Department invoked Exemptions 5, 6, and 7(C) to redact information from the spreadsheets. The Department subsequently provided Gillison with corrected spreadsheets on Egypt and Iraq and asked Gillison to destroy or return the original spreadsheets, citing Exemption 7(F). Gillison agreed to consider DOS's concerns but refused to return the original spreadsheets. Gillison filed suit, arguing that the agency's search was inadequate and that its exemption claims were inappropriate. Gillison argued that DOS should have searched the Bureau of Legislative Affairs because the one required congressional report that was found suggested that it probably came through the appropriate congressional legislative office. DOS, however, explained that the language of the Leahy Law requiring submission of reports each fiscal year to Congress indicated that the President was required to submit the report to Congress and that while DOD was mentioned in the statute as a conduit for the report, DOS was not. While Gillison raised the issue at a late date, Moss decided to address it. He noted that "because the President could only have prepared the initial Report on Government Police Training and Equipping Programs with input from the State Department and because the House Committee report directed the Secretary of Defense to prepare his report 'in coordination with the Secretary of State,' along with two other cabinet officers." Moss pointed out that "on the existing record, the Court cannot conclude that the Department has carried its burden of demonstrating that copies of the requested reports are unlikely to be found in the Office of the Secretary. The House Committee on Armed Services directed the Secretary to work in coordination with the Secretary of Defense in preparing the 2016 report, and, even if this direction was not enacted into law, it undoubtedly drew the attention of responsible Executive Branch officials. The substance of the report, moreover, touches on sensitive matters of foreign policy and the ongoing role of the State Department as 'the lead U.S. agency for the implementation of U.S. foreign assistance programs,' including 'police training and equipping activities.' It is thus far from evident that the offices that the Department did search were more likely to maintain copies of the reports than the Office of the Secretary. But on the other hand, because Plaintiffs raised this issue late in the process, arguably limiting the Department's ability to offer controverting evidence, the Court cannot conclude that Plaintiffs are entitled to summary judgment at this stage of the proceeding. Moss accepted most of DOS's Exemption 5 claims, although he rejected the agency's attempts to withhold portions of spreadsheets because to separate exempt information from the existing columns would be too burdensome. Instead, he noted that "preparing a Vaughn index containing tens of thousands of entries may prove unduly burdensome and that the Department can likely explain and justify any withholdings by addressing categories of entries. But that does not relieve the Department of its obligation to ensure that it is withholding only those records that fall within a FOIA exemption." He added that "burden alone cannot relieve the Department from its obligation to sort the pre-decisional from the post-decisional entries and to release the latter." Gillison argued that the agency could not rely on the law enforcement exemptions because the records were not compiled for law enforcement purposes. Moss disagreed. He noted that "any doubt about whether the statutory phrase 'law enforcement purposes' is capacious enough to encompass the goal of bringing those responsible for gross violations of human rights to justice, moreover, is put firmly to rest by the Department's list of 'the four most common forms of' gross violations of human rights, which includes torture, extrajudicial killing, enforced disappearance, and rape under color of law. These are among the most serious crimes known to international and foreign law." While Moss found some of DOS's claims under Exemption 7(E) were appropriate while others were not, he readily rejected Gillison's assertion that much of the information the agency claimed was exempt was already publicly available. He pointed out that "the Department has carried its burden of showing that disclosure of the information in [the withheld documents] could reduce or nullify the effectiveness of the procedures the Department employs to detect and to prevent violations of the prohibition on training or assisting units that have engaged in gross violations of human rights." DOS attempted to persuade Moss that it had the right to make Gillison return the original copies of records it had inadvertently released by mistake. Moss indicated that "if the Department believes that there is a sound basis for the Court to take the extraordinary step of ordering a news organization and a journalist to return materials to a government agency, which they obtained through no unlawful or improper action, it must do far more than include a single sentence on the final page of a reply brief. The questions posed by the Department's request are of great importance, and, if the Department wants to pursue the issue, they deserve more serious treatment than that."
Issues: Exemption 5 - Privileges - Deliberative process privilege - Predecisional, Exemption 5 - Privileges - Deliberative process privilege - Deliberative, Exemption 6 - Invasion of privacy, Exemption 7 - Law enforcement records, Exemption 7(C) - Invasion of privacy concerning law enforcement records, Exemption 7(E) - Investigative methods or techniques, Adequacy - Search, Exemption 7(F) - Harm to safety of any person
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2019-06-171COMPLAINT against U.S. DEPARTMENT OF STATE ( Filing fee $ 400 receipt number 0090-6192705) filed by 100REPORTERS, Douglas Gillison. (Attachments: # 1 Civil Cover Sheet, # 2 Rule LCvR 26.1 Certificate, # 3 Summons, # 4 Exhibit A, # 5 Exhibit B, # 6 Exhibit C, # 7 Exhibit D, # 8 Exhibit E, # 9 Exhibit F, # 10 Exhibit G, # 11 Exhibit H, # 12 Exhibit I)(Townsend, KatieLynn) (Attachment 2 replaced on 6/17/2019) (zef, ). (Attachment 1 replaced on 6/17/2019) (zef, ). Modified text on 6/17/2019 (zef, ). (Entered: 06/17/2019)
2019-06-172LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by 100REPORTERS LLC, Douglas Gillison (zef, ) (Entered: 06/17/2019)
2019-06-17Case Assigned to Judge Randolph D. Moss. (zef, ) (Entered: 06/17/2019)
2019-06-173SUMMONS (3) Issued Electronically as to U.S. DEPARTMENT OF STATE, U.S. Attorney and U.S. Attorney General. (Attachments: # 1 Notice and Consent)(zef, ) (Entered: 06/17/2019)
2019-06-244RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 6/24/2019. Answer due for ALL FEDERAL DEFENDANTS by 7/24/2019. (Townsend, KatieLynn) (Entered: 06/24/2019)
2019-06-245RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 6/24/19., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF STATE served on 6/24/2019 (Townsend, KatieLynn) (Entered: 06/24/2019)
2019-07-106STANDING ORDER: The parties are hereby ORDERED to comply with the directives set forth in this Court's Standing Order. See document for details. Signed by Judge Randolph D. Moss on 7/10/2019. (lcrdm1, ) (Entered: 07/10/2019)
2019-07-247ANSWER to Complaint by U.S. DEPARTMENT OF STATE.(Peterson, Benton) (Entered: 07/24/2019)
2019-07-318NOTICE of Appearance by Benton Gregory Peterson on behalf of U.S. DEPARTMENT OF STATE (Peterson, Benton) (Entered: 07/31/2019)
2019-10-09MINUTE ORDER: It is hereby ORDERED that the parties shall appear for an initial FOIA status conference on October 22, 2019 at 10:45 a.m. It is further ORDERED that the parties shall meet and confer prior to the status conference. Signed by Judge Randolph D. Moss on 10/9/19. (lcrdm1) (Entered: 10/09/2019)
2019-10-09Set/Reset Hearings: Status Conference set for 10/22/2019, at 10:45 AM, in Courtroom 21, before Judge Randolph D. Moss. (kt) (Entered: 10/09/2019)
2019-10-099NOTICE of Appearance by Gunita Singh on behalf of 100REPORTERS, DOUGLAS GILLISON (Singh, Gunita) (Entered: 10/09/2019)
2019-10-1010Consent MOTION to Continue Status Conference by 100REPORTERS, DOUGLAS GILLISON (Attachments: # 1 Text of Proposed Order)(Townsend, KatieLynn) (Entered: 10/10/2019)
2019-10-10MINUTE ORDER: Upon consideration of Plaintiffs' consent motion to continue status conference, Dkt. 10 , it is hereby ORDERED that the motion is GRANTED. It is further ORDERED that the status conference originally scheduled for October 22, 2019 is hereby VACATED and RESCHEDULED for October 30, 2019 at 11:00 a.m. Signed by Judge Randolph D. Moss on 10/10/19. (lcrdm1) (Entered: 10/10/2019)
2019-10-10Set/Reset Hearings: The Status Conference set for 10/22/2019 is VACATED and RESCHEDULED for 10/30/2019, at 11:00 AM, in Courtroom 21, before Judge Randolph D. Moss. (kt) (Entered: 10/10/2019)
2019-10-22MINUTE ORDER: In light of the Court's earlier minute order requiring the parties to meet and confer prior to the October 30, 2019 status conference, Minute Order (Oct. 9, 2019), it is hereby ORDERED that the parties shall file, on or before October 28, 2019, a joint status report addressing (1) any documents still to be produced pursuant to FOIA; (2) an anticipated schedule for processing and producing any such documents, and (3) any substantive areas of disagreement between the parties. Signed by Judge Randolph D. Moss on 10/22/19. (lcrdm1) (Entered: 10/22/2019)
2019-10-23Set/Reset Deadlines: Joint Status Report due by 10/28/2019. (kt) (Entered: 10/23/2019)
2019-10-2811Joint STATUS REPORT by 100REPORTERS, DOUGLAS GILLISON. (Townsend, KatieLynn) (Entered: 10/28/2019)
2019-10-28MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 11 , it is hereby ORDERED that the parties shall file a further joint status report on or before January 24, 2020. Signed by Judge Randolph D. Moss on 10/28/19. (lcrdm1) (Entered: 10/28/2019)
2019-10-28MINUTE ORDER: It is hereby ORDERED that the status conference previously set for October 30, 2019 at 11:00 a.m. is hereby VACATED and RESCHEDULED for October 30, 2019 at 2:15 p.m. in Courtroom 21. Signed by Judge Randolph D. Moss on 10/28/19. (lcrdm3, ) (Entered: 10/28/2019)
2019-10-29Set/Reset Hearings: The Status Conference set for 10/30/2019 at 11:00 AM is RESCHEDULED to 2:15 PM, in Courtroom 21, before Judge Randolph D. Moss. (kt) (Entered: 10/29/2019)
2019-10-30Minute Entry for proceedings held before Judge Randolph D. Moss: Status Conference held on 10/30/2019. Production shall proceed at 500 pages a month (not produced, but reviewed for production). (Court Reporter: Jeff Hook.) (Entered: 10/30/2019)
2020-01-22MINUTE ORDER: The parties are hereby ORDERED to comply with the terms of the Court's revised standing order, which is available on the Court's website. Click for details. Signed by Judge Randolph D. Moss on 1/22/20. (lcrdm1) (Entered: 01/22/2020)
2020-01-2412Joint STATUS REPORT by 100REPORTERS, DOUGLAS GILLISON. (Townsend, KatieLynn) (Entered: 01/24/2020)
2020-01-24MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 12 , it is hereby ORDERED that the parties shall file a further joint status report on or before February 24, 2020. In light of the parties' indication that they may propose a briefing schedule, the Court advises the parties to refer to the Courts updated standing order, which explains its requirement that parties submit pre-motion filings and participate in a pre-motion conference prior to briefing motions for summary judgment. Signed by Judge Randolph D. Moss on 1/24/20. (lcrdm1) (Entered: 01/24/2020)
2020-02-2413Joint STATUS REPORT by 100REPORTERS, DOUGLAS GILLISON. (Townsend, KatieLynn) (Entered: 02/24/2020)
2020-02-26MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 13 , it is hereby ORDERED that Defendant shall provide declarations and Vaughn indices to Plaintiffs on or before April 24, 2020. It is further ORDERED that the parties shall submit their pre-motion summaries of their anticipated motion for summary judgment arguments on or before June 1, 2020. It is further ORDERED that the parties shall appear for a pre-motion conference on June 17, 2020 at 10:30 a.m. in the Judge Moss' jury room. Signed by Judge Randolph D. Moss on 2/26/20. (lcrdm1) Modified on 2/26/2020 to correct typo (kt). (Entered: 02/26/2020)
2020-02-26Set/Reset Hearings: Pre-motion Conference set for 6/17/2020, at 10:30 AM, in Jury Room before Judge Randolph D. Moss. (kt) (Entered: 02/26/2020)
2020-04-2314Unopposed MOTION to Stay by U.S. DEPARTMENT OF STATE (Attachments: # 1 Declaration, # 2 Text of Proposed Order)(Peterson, Benton) (Entered: 04/23/2020)
2020-04-25MINUTE ORDER: Upon consideration of Defendant's unopposed motion to stay, Dkt. 14 , it is hereby ORDERED that the motion is GRANTED. It is further ORDERED that this case is STAYED and all current deadlines are VACATED as well as the Pre-Motion Conference previously set for June, 17, 2020. It is further ORDERED that Defendant shall file a status report, on or before May 25, 2020 and every thirty days thereafter advising the Court whether Defendant's creation of Vaughn indexes can resume and, if so, proposing a revised schedule for this case. Signed by Judge Randolph D. Moss on 4/25/2020. (lcrdm1) Modified on 4/28/2020 to include vacating of Pre-Motion Conference (kt). (Entered: 04/25/2020)
2020-05-2615STATUS REPORT by U.S. DEPARTMENT OF STATE. (Peterson, Benton) (Entered: 05/26/2020)
2020-05-27MINUTE ORDER: Upon consideration of Defendant's status report, Dkt. 15 , it is hereby ORDERED that Defendant shall file a further status report on or before June 23, 2020 updating the Court on its ability to continue its response to Plaintiff's FOIA request. Signed by Judge Randolph D. Moss on 5/27/2020. (lcrdm1) (Entered: 05/27/2020)
2020-06-2516STATUS REPORT by U.S. DEPARTMENT OF STATE. (Peterson, Benton) (Entered: 06/25/2020)
2020-06-26MINUTE ORDER: Upon consideration of Defendant's status report, Dkt. 16 , it is hereby ORDERED that the parties shall file a joint status report on or before August 17, 2020. Signed by Judge Randolph D. Moss on 6/26/2020. (lcrdm1) (Entered: 06/26/2020)
2020-07-1517NOTICE OF SUBSTITUTION OF COUNSEL by Kathleene A. Molen on behalf of U.S. DEPARTMENT OF STATE Substituting for attorney Benton G. Peterson (Molen, Kathleene) (Entered: 07/15/2020)
2020-08-1718Joint STATUS REPORT by U.S. DEPARTMENT OF STATE. (Molen, Kathleene) (Entered: 08/17/2020)
2020-08-18MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 18 , it is hereby ORDERED that Defendant shall file its notice of its anticipated motion for summary judgment on or before September 23, 2020. It is further ORDERED that Plaintiffs shall file their notice of their anticipated motion for summary judgment and response to Defendant's notice on or before September 30, 2020. It is further ORDERED that the parties shall appear telephonically for a pre-motion conference on October 8, 2020 at 2:00 p.m. The Clerk of Court shall provide the parties with the dial-in information for the teleconference. Signed by Judge Randolph D. Moss on 8/18/2020. (lcrdm1) (Entered: 08/18/2020)
2020-09-2319NOTICE regarding summary judgment motion by U.S. DEPARTMENT OF STATE (Molen, Kathleene) (Entered: 09/23/2020)
2020-09-3020RESPONSE re 19 NOTICE regarding summary judgment motion by 100REPORTERS, DOUGLAS GILLISON (Townsend, KatieLynn) Modified event title and link on 10/2/2020 (znmw). (Entered: 09/30/2020)
2020-09-3021NOTICE of Appearance by Adam Alexander Marshall on behalf of 100REPORTERS, DOUGLAS GILLISON (Marshall, Adam) (Entered: 09/30/2020)
2020-10-08Minute Entry for proceedings held before Judge Randolph D. Moss: Telephonic Pre-motion Conference held on 10/8/2020. Defendant's opening brief due by 11/16/2020; Plaintiffs' opposition and cross motion due by 12/22/2020; Defendant's reply and opposition to cross motion due by 1/19/2021; Plaintiffs' reply to cross motion due by 2/2/2021. (Court Reporter: Sara Wick.) (kt) (Entered: 10/08/2020)
2020-10-2822Unopposed MOTION to Modify Briefing Schedule by U.S. DEPARTMENT OF STATE (Attachments: # 1 Text of Proposed Order)(Molen, Kathleene) (Entered: 10/28/2020)
2020-11-0523MINUTE ORDER: Upon consideration of Defendant's unopposed motion to modify the briefing schedule, Dkt. 22 , it is hereby ORDERED that the motion is GRANTED. Defendant's motion for summary judgment, previously due on or before November 16, 2020, is now due on or before December 16, 2020. Plaintiff's combined opposition and cross motion, previously due on or before December 22, 2020, is now due on or before January 22, 2021. Defendant's combined opposition and reply, previously due on or before January 19, 2021, is now due on or before February 19, 2021. Finally, Plaintiff's reply to cross motion, previously due on or before February 2, 2021, is now due on or before March 12, 2021. Signed by Judge Randolph D. Moss on 11/05/2020. (lcrdm1) (Entered: 11/05/2020)
2020-12-0924Unopposed MOTION to Modify Briefing Schedule by U.S. DEPARTMENT OF STATE (Attachments: # 1 Text of Proposed Order)(Molen, Kathleene) (Entered: 12/09/2020)
2020-12-10MINUTE ORDER: Upon consideration of Defendant's unopposed motion to modify the briefing schedule, Dkt. 24 , it is hereby ORDERED that the motion is GRANTED. Defendant's motion for summary judgment, previously due on or before December 16, 2020, shall now be due on or before January 6, 2021. Plaintiff's combined opposition and cross motion, previously due on or before January 22, 2021, shall now be due on or before February 12, 2021. Defendant's combined opposition and reply, previously due on or before February 19, 2021, shall now be due on or before March 12, 2021. Finally, Plaintiff's reply to cross motion, previously due on or before March 12, 2021, shall now be due on or before April 2, 2021. Signed by Judge Randolph D. Moss on 12/10/2020. (lcrdm1) (Entered: 12/10/2020)
2021-01-0625MOTION for Summary Judgment by U.S. DEPARTMENT OF STATE (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Declaration Second Declaration - Eric F. Stein, # 4 Declaration Charles O. Blaha, # 5 Exhibit A - Vaughn Index, # 6 Exhibit B, # 7 Exhibit C, # 8 Exhibit D, # 9 Exhibit E, # 10 Text of Proposed Order)(Molen, Kathleene) (Entered: 01/06/2021)
2021-02-1226Cross MOTION for Summary Judgment by 100REPORTERS, DOUGLAS GILLISON. (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Declaration of Gunita Singh, # 4 Declaration of Douglas Gillison, # 5 Declaration of Caitlin Vogus, # 6 Text of Proposed Order)(Townsend, KatieLynn) (Entered: 02/12/2021)
2021-02-1227Memorandum in opposition to re 25 MOTION for Summary Judgment filed by 100REPORTERS, DOUGLAS GILLISON. (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Declaration of Gunita Singh, # 4 Declaration of Douglas Gillison, # 5 Declaration of Caitlin Vogus, # 6 Text of Proposed Order)(Townsend, KatieLynn) (Entered: 02/12/2021)
2021-02-2228TRANSCRIPT OF PRE-MOTION HEARING before Judge Randolph D. Moss held on 10/08/2020. Page Numbers: 1-12. Date of Issuance: 02/22/2020. Court Reporter: Sara Wick, telephone number 202-354-3284. Transcripts may be ordered by submitting the Transcript Order Form For the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter. NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 3/15/2021. Redacted Transcript Deadline set for 3/25/2021. Release of Transcript Restriction set for 5/23/2021.(Wick, Sara) (Entered: 02/22/2021)
2021-03-0929Unopposed MOTION to Modify Briefing Schedule by U.S. DEPARTMENT OF STATE. (Attachments: # 1 Text of Proposed Order)(Molen, Kathleene) (Entered: 03/09/2021)
2021-03-09MINUTE ORDER: Upon consideration of Defendant's unopposed motion to modify the briefing schedule, Dkt. 29 , it is hereby ORDERED that the motion is GRANTED. The parties shall adhere to the following schedule: Defendant shall file its combined opposition and reply on or before March 26, 2021. Plaintiff shall file its reply to the cross-motion on or before April 16, 2021. Signed by Judge Randolph D. Moss on 03/09/2021. (lcrdm1) (Entered: 03/09/2021)
2021-03-2630REPLY to opposition to motion re 25 MOTION for Summary Judgment filed by U.S. DEPARTMENT OF STATE. (Attachments: # 1 Statement of Facts, # 2 Declaration Susan C. Weetman, # 3 Exhibit A - Revised Vaughn Index, # 4 Declaration Charles O. Blaha, # 5 Text of Proposed Order)(Molen, Kathleene) (Entered: 03/26/2021)
2021-03-2631Memorandum in opposition to re 26 Cross MOTION for Summary Judgment filed by U.S. DEPARTMENT OF STATE. (Attachments: # 1 Statement of Facts, # 2 Declaration Susan C. Weetman, # 3 Exhibit A - Revised Vaughn Index, # 4 Declaration Second Declaration of Charles O. Blaha, # 5 Text of Proposed Order)(Molen, Kathleene) (Entered: 03/26/2021)
2021-04-1632REPLY to opposition to motion re 26 Cross MOTION for Summary Judgment filed by 100REPORTERS, DOUGLAS GILLISON. (Townsend, KatieLynn) (Entered: 04/16/2021)
2021-04-27MINUTE ORDER: This case was stayed on April 25, 2020 in light of the challenges posed by the COVID-19 pandemic and the difficulty of meeting imminent deadlines. See Minute Order (Apr. 25, 2020); Dkt. 14 . Since that time, processing of Plaintiffs' FOIA request has resumed, and cross-motions for summary judgment are now pending. It is hereby ORDERED that the stay in this case is lifted. Signed by Judge Randolph D. Moss on 04/27/2021. (lcrdm1) (Entered: 04/27/2021)
2021-04-2933MOTION for Leave to File Sur-Reply by U.S. DEPARTMENT OF STATE. (Attachments: # 1 Sur-Reply, # 2 Text of Proposed Order)(Molen, Kathleene) (Entered: 04/29/2021)
2021-05-0734Memorandum in opposition to re 33 MOTION for Leave to File Sur-Reply filed by 100REPORTERS, DOUGLAS GILLISON. (Attachments: # 1 Text of Proposed Order)(Townsend, KatieLynn) (Entered: 05/07/2021)
2021-05-19MINUTE ORDER: Upon consideration of Defendant's motion for leave to file a sur-reply, Dkt. 33 , and Plaintiffs' opposition, Dkt. 34 , the Court concludes that Plaintiffs' reply contains "matters presented to the court for the first time," making a sur-reply appropriate. Ben-Kotel v. Howard Univ. , 319 F.3d 532, 536 (D.C. Cir. 2003). Accordingly, it is hereby ORDERED that Defendant's motion is GRANTED, and Defendant's sur-reply is deemed FILED. Signed by Judge Randolph D. Moss on 05/19/2021. (lcrdm1) (Entered: 05/19/2021)
2021-05-1935SURREPLY to re 26 Cross MOTION for Summary Judgment filed by U.S. DEPARTMENT OF STATE. (ztd) (Entered: 05/28/2021)
2021-07-1536NOTICE OF SUPPLEMENTAL AUTHORITY by 100REPORTERS, DOUGLAS GILLISON (Attachments: # 1 Exhibit A)(Townsend, KatieLynn) (Entered: 07/15/2021)
2021-11-0537NOTICE OF SUBSTITUTION OF COUNSEL by Paul Cirino on behalf of U.S. DEPARTMENT OF STATE Substituting for attorney Kathleene A. Molen (Cirino, Paul) (Entered: 11/05/2021)
2022-04-2638MEMORANDUM OPINION AND ORDER: For the reasons set forth in the attached Memorandum Opinion and Order, it is hereby ORDERED that the Department's motion for summary judgment, Dkt. 25 , is GRANTED in part and DENIED in part, and that Plaintiffs' cross-motion for partial summary judgment, Dkt. 26 , is DENIED. See document for details. Signed by Judge Randolph D. Moss on 4/26/2022. (lcrdm2) (Entered: 04/26/2022)
2022-07-15MINUTE ORDER: The Court hereby ORDERS the parties to file a joint status report proposing next steps in this case on or before August 15, 2022. Signed by Judge Randolph D. Moss on 7/15/2022. (lcrdm2) (Entered: 07/15/2022)
2022-08-0939NOTICE OF SUBSTITUTION OF COUNSEL by John Moustakas on behalf of U.S. DEPARTMENT OF STATE Substituting for attorney cirino (Moustakas, John) (Entered: 08/09/2022)
2022-08-1240Joint STATUS REPORT by 100REPORTERS, DOUGLAS GILLISON. (Townsend, KatieLynn) (Entered: 08/12/2022)
2022-08-12MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 40 , it is hereby ORDERED that the parties shall file a further joint status report on or before November 11, 2022, and every 90 days thereafter, until Defendant concludes its processing of Plaintiff's requests. If the 90th day occurs on a weekend or federal holiday, the parties may file their joint status report on the next business day. Signed by Judge Randolph D. Moss on 08/12/2022. (lcrdm1) (Entered: 08/12/2022)
2022-11-1441Joint STATUS REPORT by 100REPORTERS, DOUGLAS GILLISON. (Townsend, KatieLynn) (Entered: 11/14/2022)
2022-11-15MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 41 , it is hereby ORDERED that the parties shall file a further joint status report on or before February 13, 2023, and every 90 days thereafter, until Defendant concludes its processing of Plaintiffs' requests. Signed by Judge Randolph D. Moss on 11/15/2022. (lcrdm1) (Entered: 11/15/2022)
2023-02-1342Joint STATUS REPORT by 100REPORTERS, DOUGLAS GILLISON. (Townsend, KatieLynn) (Entered: 02/13/2023)
2023-02-15MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 42 , it is hereby ORDERED that the parties shall file a further joint status report on May 15, 2023, and every 90 days thereafter, until Defendant concludes its processing of Plaintiffs' requests. Signed by Judge Randolph D. Moss on 2/15/2023. (lcrdm1) (Entered: 02/15/2023)
2023-05-1543Joint STATUS REPORT by 100REPORTERS, DOUGLAS GILLISON. (Townsend, KatieLynn) (Entered: 05/15/2023)
2023-05-17MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 43 , it is hereby ORDERED that the parties shall file a further joint status report on August 14, 2023, and every 90 days thereafter, until Defendant concludes its processing of Plaintiffs' requests. Signed by Judge Randolph D. Moss on 5/17/2023. (lcrdm1) (Entered: 05/17/2023)
2023-08-1444Joint STATUS REPORT by 100REPORTERS, DOUGLAS GILLISON. (Townsend, KatieLynn) (Entered: 08/14/2023)
2023-08-14MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 44 , it is hereby ORDERED that the parties shall file a further joint status report on November 12, 2023, and every 90 days thereafter, until Defendant concludes its processing of Plaintiffs' requests. Signed by Judge Randolph D. Moss on 8/14/2023. (lcrdm1) (Entered: 08/14/2023)
2023-11-1345Joint STATUS REPORT by 100REPORTERS, DOUGLAS GILLISON. (Townsend, KatieLynn) (Entered: 11/13/2023)
2023-11-14MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 45 , it is hereby ORDERED that the parties shall file a further joint status report on February 12, 2024. Signed by Judge Randolph D. Moss on 11/14/2023. (lcrdm1) (Entered: 11/14/2023)
2024-01-0346NOTICE OF SUBSTITUTION OF COUNSEL by Dedra Seibel Curteman on behalf of All Defendants Substituting for attorney John Moustakas (Curteman, Dedra) (Entered: 01/03/2024)
2024-02-1247Joint STATUS REPORT by 100REPORTERS, DOUGLAS GILLISON. (Townsend, KatieLynn) (Entered: 02/12/2024)
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