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Case TitleHuman Rights Defense Center v. United States Department of Justice et al
DistrictWestern District of Washington
CitySeattle
Case Number2:2020cv00674
Date Filed2020-05-05
Date ClosedOpen
JudgeJudge John H. Chun
PlaintiffHuman Rights Defense Center a Washington nonprofit corporation
Case DescriptionThe Human Rights Defense Center submitted a FOIA request to the Drug Enforcement Administration for records concerning all litigation against the agency where the case was resolved by paying $1,000 or more. The time frame was January 2010 to the present. The agency acknowledged receipt of the request. The agency told HRDC that the request was too vague to allow a search. HRDC filed an administrative appeal of that decision. The agency denied the appeal. HRDC then filed suit.
Complaint issues: Litigation - Attorney's fees, Adequacy - Search

DefendantUnited States Department of Justice
DefendantDrug Enforcement Administration
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Opinion/Order [13]
Opinion/Order [23]
Opinion/Order [33]
Opinion/Order [37]
Opinion/Order [41]
Opinion/Order [47]
Opinion/Order [60]
Opinion/Order [63]
Opinion/Order [66]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2020-05-051COMPLAINT against defendant(s) Drug Enforcement Administration, United States Department of Justice (Receipt # AWAWDC-6315151) Attorney Eric M Stahl added to party Human Rights Defense Center(pty:pla), filed by Human Rights Defense Center. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Summons)(Stahl, Eric) (Entered: 05/05/2020)
2020-05-06Judge Robert S. Lasnik added. (CDA) (Entered: 05/06/2020)
2020-05-062NOTICE TO FILER: re 1 Complaint. Notice of Filing Deficiency ** Action Required ** See attached letter for more information and instructions. (CDA) (Entered: 05/06/2020)
2020-05-06NOTICE Pursuant to Fed.R.Civ.P 7.1, Plaintiff must file a Corporate Disclosure Statement by 5/13/2020. (CDA) (Entered: 05/06/2020)
2020-05-063Summons(es) Electronically Issued as to All Defendants (Attachments: # 1 Summons, # 2 Summons, # 3 Summons)(CDA) (Entered: 05/06/2020)
2020-05-064NOTICE of Appearance by attorney Caesar David Kalinowski on behalf of Plaintiff Human Rights Defense Center. (Kalinowski, Caesar) (Entered: 05/06/2020)
2020-05-065CORPORATE DISCLOSURE STATEMENT indicating no Corporate Parents and/or Affiliates. Filed pursuant to Fed.R.Civ.P 7.1. Filed by Human Rights Defense Center (Kalinowski, Caesar) (Entered: 05/06/2020)
2020-05-186AFFIDAVIT of Mailing of Summons and Complaint to United States - DEA, DOJ, AG, USAO on 5/6/2020, filed by Plaintiff Human Rights Defense Center. (Kalinowski, Caesar) (Entered: 05/18/2020)
2020-06-027NOTICE of Appearance by attorney Kyle A. Forsyth on behalf of Defendants Drug Enforcement Administration, United States Department of Justice. (Forsyth, Kyle) (Entered: 06/02/2020)
2020-06-058ANSWER to 1 Complaint, by Drug Enforcement Administration, United States Department of Justice.(Forsyth, Kyle) (Entered: 06/05/2020)
2020-06-109ORDER REGARDING INITIAL DISCLOSURES, JOINT STATUS REPORT AND EARLY SETTLEMENT Joint Status Report due by 7/8/2020, by Judge Robert S. Lasnik. (KERR) (Entered: 06/10/2020)
2020-06-1110APPLICATION OF ATTORNEY Daniel L. Marshall FOR LEAVE TO APPEAR PRO HAC VICE for Plaintiff Human Rights Defense Center (Fee Paid) Receipt No. AWAWDC-6395498 (Kalinowski, Caesar) (Entered: 06/11/2020)
2020-06-1211ORDER re 10 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Daniel L Marshall for Plaintiff Human Rights Defense Center, by Clerk William M McCool. No document associated with this docket entry, text only. NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d). (DS) (Entered: 06/12/2020)
2020-07-0812Stipulated MOTION and [Proposed] Order for Relief from Rule 26(a)(1) and (f) Requirements , filed by Defendants Drug Enforcement Administration, United States Department of Justice. Noting Date 7/8/2020, (Forsyth, Kyle) (Entered: 07/08/2020)
2020-07-1313STIPULATION AND ORDER granting Parties' 12 Stipulated Motion for Relief from Rule 26(a)(1) and (f) Requirements. Signed by Judge Robert S. Lasnik.(MW) (Entered: 07/13/2020)
2020-08-2414JOINT STATUS REPORT signed by all parties. (Forsyth, Kyle) (Entered: 08/24/2020)
2020-10-2315Second JOINT STATUS REPORT signed by all parties. (Forsyth, Kyle) Modified on 10/23/2020 per counsel request added Second for the JSP (STP). (Entered: 10/23/2020)
2020-10-23NOTICE of Docket Text Modification re 15 Joint Status Report : per counsel request added Second designation for the JSP. (STP) (Entered: 10/23/2020)
2020-12-2216Third JOINT STATUS REPORT signed by all parties. (Forsyth, Kyle) Modified on 12/22/2020 to add "Third" at request of filer (KB). (Entered: 12/22/2020)
2020-12-22NOTICE of Docket Text Modification re 16 Joint Status Report : per counsel request added Third designation for the JSR. (KB) (Entered: 12/22/2020)
2021-03-2217JOINT STATUS REPORT signed by all parties. Estimated Trial Days: 0. (Forsyth, Kyle) (Entered: 03/22/2021)
2021-06-2118JOINT STATUS REPORT signed by all parties. (Forsyth, Kyle) (Entered: 06/21/2021)
2021-08-2519JOINT STATUS REPORT signed by all parties. Estimated Trial Days: 0. (Forsyth, Kyle) (Entered: 08/25/2021)
2021-10-2520JOINT STATUS REPORT signed by all parties. Estimated Trial Days: 0. (Forsyth, Kyle) (Entered: 10/25/2021)
2022-01-1021JOINT STATUS REPORT signed by all parties. Estimated Trial Days: 0. (Forsyth, Kyle) (Entered: 01/10/2022)
2022-03-2822JOINT STATUS REPORT signed by all parties. Estimated Trial Days: 0. (Forsyth, Kyle) (Entered: 03/28/2022)
2022-04-0523CASE MANAGEMENT ORDER: DEA's motion for summary judgment due by 7/8/2022, HRDC's combined opposition and cross-motion due by 8/26/2022, DEA's combined opposition and reply due by 9/30/2022, HRCD's reply due by 10/21/2022. The cross-motions are to be noted for 10/21/2022. Authorized by Judge Robert S. Lasnik. (LH) (Entered: 04/05/2022)
2022-04-11Case Reassigned to Judge John H. Chun. Judge Robert S. Lasnik no longer assigned to the case. (AD) (Entered: 04/11/2022)
2022-07-0824MOTION for Summary Judgment , filed by Defendants Drug Enforcement Administration, United States Department of Justice. (Attachments: # 1 Proposed Order)(Forsyth, Kyle) (Entered: 07/08/2022)
2022-07-0825DECLARATION of Angela D. Hertel filed by Defendants Drug Enforcement Administration, United States Department of Justice re 24 MOTION for Summary Judgment (Attachments: # 1 Vaughn Index, # 2 Exhibit A - FOIA Request (May 20, 2019), # 3 Exhibit B - DEA 1st Response (Jun. 27, 2019), # 4 Exhibit C - HRDC Revised FOIA Request (Jul. 11, 2019), # 5 Exhibit D - DEA 2nd Response (Oct. 21, 2019), # 6 Exhibit E - HRDC's Admin Appeal (Oct. 29, 2019), # 7 Exhibit F - DOJ Admin Appeal Decision (Jan. 31, 2020), # 8 Exhibit G - Nov. 2020 Production E-mail, # 9 Exhibit H - Dec. 2020 Production E-mail, # 10 Exhibit I - Jan. 2021 Production E-mail, # 11 Exhibit J - Feb. 2021 Production E-mail, # 12 Exhibit K - Mar. 2021 Production E-mail, # 13 Exhibit L - Apr. 2021 Production E-mail, # 14 Exhibit M - May 2021 Production E-mail, # 15 Exhibit N - Jun. 2021 Production E-mail, # 16 Exhibit O - Sep. 2021 Production E-mail, # 17 Exhibit P - Nov. 2021 Production E-mail, # 18 Exhibit Q - Mar. 2022 Production E-mail)(Forsyth, Kyle) (Entered: 07/08/2022)
2022-07-08Noting Date Set/Reset re 24 MOTION for Summary Judgment : Per the direction of chambers, this matter is noted for 8/5/2022. (SR) (Entered: 07/08/2022)
2022-07-11Noting Date Reset re 24 MOTION for Summary Judgment: Noting Date 10/21/2022, per the Case Management Order (Dkt. # 23 ). (AD) (Entered: 07/11/2022)
2022-08-2626CROSS MOTION AND RESPONSE re 24 MOTION for Summary Judgment , filed by Plaintiff Human Rights Defense Center. Oral Argument Requested. (Attachments: # 1 Proposed Order) Noting Date 10/21/2022, (Stahl, Eric) (Entered: 08/26/2022)
2022-08-2627DECLARATION of Paul Wright filed by Plaintiff Human Rights Defense Center re 26 CROSS MOTION AND RESPONSE re 24 MOTION for Summary Judgment (Stahl, Eric) (Entered: 08/26/2022)
2022-08-2628DECLARATION of Caesar Kalinowski filed by Plaintiff Human Rights Defense Center re 26 CROSS MOTION AND RESPONSE re 24 MOTION for Summary Judgment (Stahl, Eric) (Entered: 08/26/2022)
2022-09-3029RESPONSE, by Defendants Drug Enforcement Administration, United States Department of Justice, to 24 MOTION for Summary Judgment , 26 CROSS MOTION AND RESPONSE re 24 MOTION for Summary Judgment . (Forsyth, Kyle) (Entered: 09/30/2022)
2022-09-3030DECLARATION of Angela D. Hertel filed by Defendants Drug Enforcement Administration, United States Department of Justice re 24 MOTION for Summary Judgment , 26 CROSS MOTION AND RESPONSE re 24 MOTION for Summary Judgment (Forsyth, Kyle) (Entered: 09/30/2022)
2022-10-2131REPLY, filed by Plaintiff Human Rights Defense Center, TO RESPONSE to 26 CROSS MOTION AND RESPONSE re 24 MOTION for Summary Judgment (Stahl, Eric) (Entered: 10/21/2022)
2022-10-2132DECLARATION of Eric M. Stahl filed by Plaintiff Human Rights Defense Center re 26 CROSS MOTION AND RESPONSE re 24 MOTION for Summary Judgment (Stahl, Eric) (Entered: 10/21/2022)
2023-06-2233ORDER re: Cross-Motions for Summary Judgment. Being fully advised, for the reasons herein, the Court: (1) GRANTS in part, DENIES in part, and DENIES without prejudice in part Defendants' 24 motion; and (2) GRANTS in part, DENIES in part, and DENIES without prejudice in part Plaintiff's 26 motion. Signed by Judge John H. Chun. (SB) (Entered: 06/22/2023)
2023-06-2834Agreed Stipulated MOTION - Defendants' Agreed Motion to Extend Deadlines , filed by Defendant United States Department of Justice. (Attachments: # 1 Proposed Order - Granting Defendants' Agreed Motion to Extend Deadlines) Noting Date 6/28/2023, (Forsyth, Kyle) (Entered: 06/28/2023)
2023-06-2835APPLICATION OF ATTORNEY EJ Hurst II FOR LEAVE TO APPEAR PRO HAC VICE for Plaintiff Human Rights Defense Center (Fee Paid) Receipt No. AWAWDC-8068077 (Kalinowski, Caesar) (Entered: 06/28/2023)
2023-06-2836ORDER re 35 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney EJ Hurst, II for Plaintiff Human Rights Defense Center by Clerk Ravi Subramanian. No document associated with this docket entry, text only. NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d). (JWC) (Entered: 06/28/2023)
2023-06-2937ORDER granting Parties' 34 Agreed Stipulated MOTION to Extend Deadlines. The DEA shall produce responsive documents without redaction of certain information, as directed by the SJ Order at 33 , 4, by 8/21/2023; The DEA shall file further briefing and accompanying papers regarding sealed "files 18 and 19," as directed by the SJ Order at 33 -34, 6, by 5:00 p.m., 8/7/2023. HRDC's optional response shall be due by 5:00 p.m., 8/21/2023. The DEA shall produce all meaningful, reasonably segregable, non-exempt portions of narrative descriptions of alleged wrongdoing, and a supplemental Vaughn index and declaration, as directed by the SJ Order at 34 , 7, by 5:00 p.m., 8/14/2023. Signed by Judge John H. Chun. (SB) (Entered: 06/29/2023)
2023-06-3038NOTICE of Appearance by attorney EJ Hurst, II on behalf of Plaintiff Human Rights Defense Center. (Hurst, EJ) (Entered: 06/30/2023)
2023-06-3039NOTICE OF WITHDRAWAL OF COUNSEL: Attorney Daniel L Marshall for Plaintiff Human Rights Defense Center. (Kalinowski, Caesar) (Entered: 06/30/2023)
2023-07-0640Agreed Stipulated MOTION - Defendants' Agreed Motion to Extend Deadline to Move for Reconsideration , filed by Defendants Drug Enforcement Administration, United States Department of Justice. (Attachments: # 1 Proposed Order - Extending Deadline to Move for Reconsideration) Noting Date 7/6/2023, (Forsyth, Kyle) (Entered: 07/06/2023)
2023-07-0641ORDER granting Parties' 40 Stipulated MOTION to Extend Deadline to Move for Reconsideration. The Court hereby extends the deadline to seek reconsideration of the SJ Order by twelve days, through 7/18/2023. Signed by Judge John H. Chun. (SB) (Entered: 07/06/2023)
2023-07-1842MOTION to Stay Motion for Stay Pending Review of Final Judgment , filed by Defendants Drug Enforcement Administration, United States Department of Justice. (Attachments: # 1 Proposed Order Granting Motion for Stay Pending Review of Final Judgment) Noting Date 8/4/2023, (Forsyth, Kyle) (Entered: 07/18/2023)
2023-07-3143RESPONSE, by Plaintiff Human Rights Defense Center, to 42 MOTION to Stay Motion for Stay Pending Review of Final Judgment . (Stahl, Eric) (Entered: 07/31/2023)
2023-08-0344DECLARATION of Glenn Gray Regarding Files 18 and 19 filed by Defendants Drug Enforcement Administration, United States Department of Justice re 26 CROSS MOTION AND RESPONSE re 24 MOTION for Summary Judgment , 24 MOTION for Summary Judgment (Attachments: # 1 Exhibit A - File 18, # 2 Exhibit B - File 19, # 3 Exhibit C - Vaughn Index re Files 18 and 19)(Forsyth, Kyle) (Entered: 08/03/2023)
2023-08-0445REPLY, filed by Defendants Drug Enforcement Administration, United States Department of Justice, TO RESPONSE to 42 MOTION to Stay Motion for Stay Pending Review of Final Judgment (Forsyth, Kyle) (Entered: 08/04/2023)
2023-08-1446DECLARATION of Gevorg Margaryan filed by Defendants Drug Enforcement Administration, United States Department of Justice re 24 MOTION for Summary Judgment (Attachments: # 1 Exhibit A - Second Supplemental Vaughn Index)(Forsyth, Kyle) (Entered: 08/14/2023)
2023-08-1647ORDER granting Defendants' 42 Motion for Stay Pending Review of Final Judgment. The Court hereby stays its "Order Re: Cross-Motions for Summary Judgment" (ECF No. 33 ), only insofar as the SJ Order requires the DEA to disclose the names of alleged tortfeasors/wrongdoers who are DEA employees. This stay shall remain in effect through the conclusion of any appeal or until the deadline to file a notice of appeal lapses without an appeal being taken. Signed by Judge John H. Chun. (SB) (Entered: 08/16/2023)
2023-08-2148RESPONSE by Plaintiff Human Rights Defense Center re 24 MOTION for Summary Judgment , 44 Declaration, 26 CROSS MOTION AND RESPONSE re 24 MOTION for Summary Judgment (Response and Objections Regarding Files 18 and 19) (Stahl, Eric) (Entered: 08/21/2023)
2023-08-2149Second DECLARATION of Gevorg Margaryan filed by Defendants Drug Enforcement Administration, United States Department of Justice re 24 MOTION for Summary Judgment (Forsyth, Kyle) (Entered: 08/21/2023)
2023-09-0850MINUTE ORDER (text only) entered upon the authority of Judge John H. Chun. The parties are directed to file a status report by 10/10/2023, that either (1) confirms that no further proceedings are needed before the Court enters a final judgment, or (2) states the issues one or both parties think need further briefing and proposes a briefing schedule. (AD) (Entered: 09/08/2023)
2023-10-1051JOINT STATUS REPORT signed by all parties. Estimated Trial Days: 3. (Kalinowski, Caesar) (Entered: 10/10/2023)
2023-10-1152MINUTE ORDER (text-only) entered upon the authority of Judge John H. Chun. The Court adopts the proposed briefing schedule contained in the parties' 51 Joint Status Report. (AD) (Entered: 10/11/2023)
2023-12-1553Second MOTION for Summary Judgment , filed by Plaintiff Human Rights Defense Center. (Attachments: # 1 Proposed Order) Noting Date 2/28/2024, (Stahl, Eric) (Entered: 12/15/2023)
2023-12-1554DECLARATION of Caesar Kalinowski filed by Plaintiff Human Rights Defense Center re 53 Second MOTION for Summary Judgment (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Stahl, Eric) (Entered: 12/15/2023)
2024-01-2455Cross MOTION for Summary Judgment Combined Opposition to Plaintiff's Second Motion for Summary Judgment and Renewed Motion for Summary Judgment , filed by Defendants Drug Enforcement Administration, United States Department of Justice. (Attachments: # 1 Proposed Order Granting Defendants' Motion for Summary Judgment) Noting Date 2/28/2024, (Forsyth, Kyle) (Entered: 01/24/2024)
2024-01-2456DECLARATION of Joshua L. Delo filed by Defendants Drug Enforcement Administration, United States Department of Justice re 55 Cross MOTION for Summary Judgment Combined Opposition to Plaintiff's Second Motion for Summary Judgment and Renewed Motion for Summary Judgment (Attachments: # 1 Third Supplemental Vaughn Index, # 2 Exhibit A - Aug. 14, 2023 Determination Letter, # 3 Exhibit B - Aug. 21, 2023 Determination Letter, # 4 Exhibit C - DEA Files 99, 106, 117, and 119, as produced Aug. 21, 2023, # 5 Exhibit D - DEA File 5 as produced Aug. 14, 2023)(Forsyth, Kyle) (Entered: 01/24/2024)
2024-02-1457REPLY BRIEF in Support of Second Motion for Summary Judgment and Opposition to Defendants' Renewed Motion for Summary Judgment re 55 Cross MOTION for Summary Judgment Combined Opposition to Plaintiff's Second Motion for Summary Judgment and Renewed Motion for Summary Judgment , 53 Second MOTION for Summary Judgment by Plaintiff Human Rights Defense Center. (Stahl, Eric) (Entered: 02/14/2024)
2024-02-1458Third DECLARATION of Caesar Kalinowski filed by Plaintiff Human Rights Defense Center re 55 Cross MOTION for Summary Judgment Combined Opposition to Plaintiff's Second Motion for Summary Judgment and Renewed Motion for Summary Judgment , 53 Second MOTION for Summary Judgment (Stahl, Eric) (Entered: 02/14/2024)
2024-02-2859REPLY, filed by Defendants Drug Enforcement Administration, United States Department of Justice, TO RESPONSE to 55 Cross MOTION for Summary Judgment Combined Opposition to Plaintiff's Second Motion for Summary Judgment and Renewed Motion for Summary Judgment (Forsyth, Kyle) (Entered: 02/28/2024)
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