Case Detail

FOIA Project Annotation: A federal court in Washington has ruled that while the State of Washington has not shown its pattern or practice claim applies to the failure of the National Archives and Records Administration, the General Services Administration, and the Office of Management and Budget to respond within the statutory time limit to the State's requests for records as to why the government was closing the National Archives building in Seattle, the agencies have not yet provided a sufficiently detailed Vaughn index explaining their exemption claims. The court explained that "the Parties worked cooperatively at least until the Plaintiff decided to file this motion, to identify the universe of documents that would be reviewed for responsiveness and exemption based on the results of those searches. Thus, Plaintiff was fully aware of the scope of the records involved in its request. Further, having produced a subset of those records upon which exemption determinations were made, Defendant appears to have met its obligation as to the scope of potential exemptions in CREW v. FEC." The court observed that "at no point was Washington left completely in the dark as to whether the Agency would respond to its request. To the contrary, Washington was kept informed of the Agency's progress along the way." The court added that "while there is no doubt that the Agency failed to meet the statutory deadline for providing a complete determination, its actions do not rise to the level of egregious delay as to warrant injunctive relief." Washington challenged the agencies' failure to provide a Vaughn index to better explain its exemption claims. To resolve that issue, the court ordered the agencies to provide a Vaughn index within ten days.
Issues: Litigation - Vaughn index

Date Filed	Doc #	Docket Text
2021-04-27	1	COMPLAINT against defendant(s) Office of Management and Budget (Receipt # AWAWDC-7060112), filed by State of Washington. (Attachments: # 1 Exhibit A-C, # 2 Summons, # 3 Civil Cover Sheet)(Fraas, Lauryn) (Entered: 04/27/2021)
2021-04-27	2	NOTICE of Related Case(s) 2:20-cv-1231-RSL; 2:20-cv-1232-RSL; 2:20-cv-1233-RSL; 2:20-cv-1364-RSL, by Plaintiff State of Washington. (Fraas, Lauryn) (Entered: 04/27/2021)
2021-04-28		Hon. Brian A Tsuchida added. (CDA) (Entered: 04/28/2021)
2021-04-28	3	Summons Electronically Issued as to defendant Office of Management and Budget (CDA) (Entered: 04/28/2021)
2021-05-11	4	CERTIFICATE OF SERVICE by Plaintiff State of Washington re 2 Notice of Related Case, 1 Complaint, 3 Summons Issued (Attachments: # 1 Exhibit)(Fraas, Lauryn) (Entered: 05/11/2021)
2021-06-08	5	NOTICE of Appearance by attorney Katie Denise Fairchild on behalf of Defendant Office of Management and Budget. (Fairchild, Katie) (Entered: 06/08/2021)
2021-06-08	6	NOTICE OF ASSIGNMENT TO A US MAGISTRATE JUDGE AND DECLINATION OF CONSENT FORM. Each party will be deemed to have knowingly and voluntarily consented to proceed before a Magistrate Judge if this form is not returned by 6/15/2021. Please Note: Forms must not be electronically filed with the Court. (AQ) (Entered: 06/08/2021)
2021-06-09	7	ANSWER to 1 Complaint by Office of Management and Budget.(Fairchild, Katie) (Entered: 06/09/2021)
2021-06-11	8	MINUTE ORDER REASSIGNING CASE by Clerk William M McCool. Case reassigned to Judge Richard A. Jones and referred to Hon. Brian A Tsuchida pursuant to Local Rule MJR 6 and General Order 02-19. (AQ) (Entered: 06/11/2021)
2021-06-11	9	ORDER REGARDING INITIAL DISCLOSURES, JOINT STATUS REPORT AND EARLY SETTLEMENT by Hon. Brian A Tsuchida. FRCP 26(f) Conference Deadline is 7/9/2021, Initial Disclosure Deadline is 7/23/2021, Joint Status Report due by 8/6/2021. (AQ) (Entered: 06/11/2021)
2021-07-23		***NOTICE TO PARTIES: This proceeding is exempt from the requirements of Fed. R. Civ. P. 26(a) and Fed. R. Civ. P. 26(f), because it is an action to confirm an arbitration award. See Fed. R. Civ. P. 26(a)(1)(B)(ix). The Court STRIKES Deadlines in 9 ORDER REGARDING INITIAL DISCLOSURES, JOINT STATUS REPORT AND EARLY SETTLEMENT. (AQ) (Entered: 07/23/2021)
2021-07-27	10	MINUTE ORDER REASSIGNING CASE by Clerk Ravi Subramanian. Case reassigned to Judge Robert S. Lasnik for all further proceedings. Judge Richard A. Jones no longer assigned to case. (AQ) Modified on 7/27/2021 - Clerk error (AQ). (Entered: 07/27/2021)
2021-07-27	11	MINUTE ORDER REASSIGNING CASE by Clerk Ravi Subramanian. Case reassigned to Judge Robert S. Lasnik for all further proceedings. Judge Richard A. Jones no longer assigned to case. (AQ) (Entered: 07/27/2021)
2021-07-27	12	CASE MANAGEMENT ORDER - Plaintiff shall file a motion for summary judgment of no more than 24 pages by December 3, 2021, Defendant shall file a combined opposition and cross-motion for summary judgment of no more than 36 pages by December 21, 2021, Plaintiff shall file a combined reply and opposition of no more than 24 pages by January 10, 2022, Defendant shall file a reply of no more than 12 pages by January 14, 2022. If filed on this schedule, the cross-motions for summary judgment shall be noted for consideration on the Court's calendar for January 14, 2022. The parties may, however, file dispositive motions before the deadlines set in this order, in which case they shall be noted for consideration as specified in the Local Civil Rules. (KERR) (Entered: 07/27/2021)
2021-08-19	13	MOTION for Summary Judgment , filed by Plaintiff State of Washington. Oral Argument Requested. (Attachments: # 1 Proposed Order) Noting Date 10/1/2021 9/24/2021 9/10/2021 , (Fraas, Lauryn) Modified noting date on 8/30/2021, per Dkt. 15 (LH). Modified noting date on 9/15/2021 (LH). (Entered: 08/19/2021)
2021-08-19	14	DECLARATION of Lauryn K. Fraas filed by Plaintiff State of Washington re 13 MOTION for Summary Judgment (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5)(Fraas, Lauryn) (Entered: 08/19/2021)
2021-08-27	15	NOTICE that the following is RE-NOTED: 13 MOTION for Summary Judgment . Filed by Plaintiff State of Washington. Noting Date 9/24/2021, (Fraas, Lauryn) (Entered: 08/27/2021)
2021-09-14	16	NOTICE that the following is RE-NOTED: 13 MOTION for Summary Judgment . Filed by Plaintiff State of Washington. Noting Date 10/1/2021, (Fraas, Lauryn) (Entered: 09/14/2021)
2021-09-14	17	Stipulated MOTION on Briefing Schedule , filed by Plaintiff State of Washington. Noting Date 9/14/2021, (Fraas, Lauryn) (Entered: 09/14/2021)
2021-09-15	18	ORDER re Parties' 17 Stipulated Motion on Briefing Schedule re 13 MOTION for Summary Judgment. Defendant's response is now due by 9/22/2021. Plaintiff's reply is now due by 10/1/2021. The motion is re-noted for 10/1/2021. Signed by Judge Robert S. Lasnik. (LH) (Entered: 09/15/2021)
2021-09-22	19	RESPONSE, by Defendant Office of Management and Budget, to 13 MOTION for Summary Judgment . (Fairchild, Katie) (Entered: 09/22/2021)
2021-09-22	20	DECLARATION of Katie D. Fairchild filed by Defendant Office of Management and Budget re 13 MOTION for Summary Judgment (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K)(Fairchild, Katie) (Entered: 09/22/2021)
2021-09-22	21	DECLARATION of Heather V. Walsh filed by Defendant Office of Management and Budget re 13 MOTION for Summary Judgment (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5)(Fairchild, Katie) (Entered: 09/22/2021)
2021-10-01	22	NOTICE of Appearance by attorney Brian Hunt Rowe on behalf of Plaintiff State of Washington. (Rowe, Brian) (Entered: 10/01/2021)
2021-10-01	23	REPLY, filed by Plaintiff State of Washington, TO RESPONSE to 13 MOTION for Summary Judgment (Rowe, Brian) (Entered: 10/01/2021)
2021-10-01	24	DECLARATION of Brian H. Rowe filed by Plaintiff State of Washington re 13 MOTION for Summary Judgment (Attachments: # 1 Exhibit 1)(Rowe, Brian) (Entered: 10/01/2021)
2021-12-01	25	Stipulated MOTION , filed by Defendant Office of Management and Budget. Noting Date 12/1/2021, (Fairchild, Katie) (Entered: 12/01/2021)
2021-12-02	26	ORDER re Parties' 25 Stipulated MOTION. Within 14 days of the Court's ruling on the pending 13 motion for summary judgment, the parties shall file a joint status report indicating whether additional motions practice is necessary and proposing a briefing schedule. Signed by Judge Robert S. Lasnik. (LH) (Entered: 12/02/2021)
2021-12-13		MINUTE ORDER (text only) authorized by Judge Robert S. Lasnik. Case reassigned to Judge Tana Lin. Judge Robert S. Lasnik no longer assigned to the case. (KERR) (Entered: 12/13/2021)
2022-01-07	27	STANDING ORDER REGARDING 28 U.S.C. § 455 AND CANON 3 OF THE CODE OF CONDUCT FOR UNITED STATES JUDGES by Judge Tana Lin. (KMP) (Entered: 01/07/2022)
2022-02-10	28	NOTICE of Appearance by attorney Brian C Kipnis on behalf of Defendant Office of Management and Budget. (Kipnis, Brian) (Entered: 02/10/2022)
2022-02-16	29	MOTION State of Washington's Motion for Status Conference , filed by Plaintiff State of Washington. (Attachments: # 1 Proposed Order) Noting Date 3/4/2022, (Rowe, Brian) (Entered: 02/16/2022)
2022-02-16	30	DECLARATION of Brian H. Rowe filed by Plaintiff State of Washington re 29 MOTION State of Washington's Motion for Status Conference (Attachments: # 1 Exhibit A-H)(Rowe, Brian) (Entered: 02/16/2022)
2022-02-22	31	MINUTE ORDER made at the direction of Judge Tana Lin: The Court has posted Chambers Procedures at http://www.wawd.uscourts.gov/judges/lin-procedures . All counsel and unrepresented ("pro se") parties are DIRECTED to review them, if they have not already done so. Failure to follow the requirements set forth in the Chambers Procedures may result in the imposition of sanctions. (LH) (Entered: 02/22/2022)
2022-02-28	32	RESPONSE, by Defendant Office of Management and Budget, to 29 MOTION State of Washington's Motion for Status Conference . (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Kipnis, Brian) (Entered: 02/28/2022)
2022-03-04	33	REPLY, filed by Plaintiff State of Washington, TO RESPONSE to 29 MOTION State of Washington's Motion for Status Conference (Rowe, Brian) (Entered: 03/04/2022)
2022-03-10	34	NOTICE of Appearance by attorney Nickolas Bohl on behalf of Defendant Office of Management and Budget. (Bohl, Nickolas) (Entered: 03/10/2022)
2022-03-18	35	ORDER granting in part and denying in part Plaintiff's 13 Motion for Summary Judgment and denying Plaintiff's 29 Motion for a status conference. Defendant is to produce all non-exempt records within twenty-one (21) days of the date of this Order. Defendant is to produce a Vaughn index within ten (10) days of the completion of all remaining productions (or within ten (10) days of the date of this Order if all productions have already been completed). A joint status report and proposed dispositive motion briefing schedule is due by April 25, 2022. Signed by Judge Tana Lin. (LH) (Entered: 03/18/2022)
2022-04-25	36	JOINT STATUS REPORT signed by all parties. (Rowe, Brian) (Entered: 04/25/2022)
2022-05-17	37	ORDER in Response to the Parties' 36 Joint Status Report. Defendant shall complete all supplemental productions and necessary revisions to the Vaughn index by no later than May 23, 2022. The Parties shall file a jointly proposed dispositive motion briefing schedule by no later than June 13, 2022. Signed by Judge Tana Lin. (LH) (Entered: 05/17/2022)
2022-06-13	38	JOINT STATUS REPORT signed by all parties. (Rowe, Brian) (Entered: 06/13/2022)
2022-07-06	39	MINUTE ORDER: The Court adopts the Parties' 38 proposed consolidated dispositive motion briefing schedule. Defendants shall file a consolidated dispositive motion by no later than 8/29/2022. Plaintiff shall file a consolidated response in opposition and dispositive cross-motion by no later than 10/10/2022. Plaintiff shall file a reply in support of its cross-motion by no later than 10/21/2022. Authorized by Judge Tana Lin. (LH) (Entered: 07/06/2022)
2022-08-19	40	Stipulated MOTION FOR EXTENSION OF DISPOSITIVE BRIEFING SCHEDULE , filed by Defendant Office of Management and Budget. Noting Date 8/19/2022, (Bohl, Nickolas) (Entered: 08/19/2022)
2022-08-19	41	ORDER re Parties' 40 Stipulated MOTION FOR EXTENSION OF DISPOSITIVE BRIEFING SCHEDULE . Defendants' consolidated dispositive motion is now due by 9/28/2022. Plaintiff's consolidated response and cross-motion is now due by 10/19/2022. Defendants' consolidated reply to motion and response to cross-motion is now due by 11/9/2022. Plaintiff's reply to cross-motion is now due by 11/21/2022. Signed by Judge Tana Lin. (LH) (Entered: 08/19/2022)
2022-08-26	42	NOTICE OF WITHDRAWAL OF COUNSEL: Attorney Nathan Bays for Plaintiff State of Washington. (Fraas, Lauryn) (Entered: 08/26/2022)
2022-09-19	43	Stipulated MOTION FOR EXTENSION OF DISPOSITIVE BRIEFING SCHEDULE , filed by Defendant Office of Management and Budget. Noting Date 9/19/2022, (Bohl, Nickolas) (Entered: 09/19/2022)
2022-09-20	44	ORDER re Parties' 43 Stipulated MOTION FOR EXTENSION OF DISPOSITIVE BRIEFING SCHEDULE . Defendants' consolidated dispositive motion is now due by 11/10/2022. Plaintiff's consolidated response and cross-motion is now due by 12/2/2022. Defendants' consolidated reply to motion and response to cross-motion is now due by 12/22/2022. Plaintiff's reply to cross-motion is now due by 1/5/2023. Signed by Judge Tana Lin. (LH) (Entered: 09/20/2022)
2022-11-04	45	Second Stipulated MOTION FOR EXTENSION OF DISPOSITIVE BRIEFING SCHEDULE , filed by Defendant Office of Management and Budget. Noting Date 11/4/2022, (Bohl, Nickolas) Modified title on 11/4/2022 (LH). (Entered: 11/04/2022)
2022-11-04	46	ORDER re Parties' 45 Second Stipulated MOTION FOR EXTENSION OF DISPOSITIVE BRIEFING SCHEDULE . Defendants' consolidated dispositive motion is now due by 1/9/2023. Plaintiff's consolidated response and cross-motion is now due by 2/6/2023. Defendants' consolidated reply to motion and response to cross-motion is now due by 2/27/2023. Plaintiff's reply to cross-motion is now due by 3/10/2023. Signed by Judge Tana Lin.(LH) (Entered: 11/04/2022)
2023-01-05	47	Stipulated MOTION FOR EXTENSION OF DISPOSITIVE BRIEFING SCHEDULE , filed by Defendant Office of Management and Budget. Noting Date 1/5/2023, (Bohl, Nickolas) (Entered: 01/05/2023)
2023-01-06	48	ORDER re Parties' 47 Stipulated MOTION. The Parties have agreed to strike all dispositive motion deadlines. Plaintiff's Petition for fees, if any, is due by 2/9/2023. Signed by Judge Tana Lin.(LH) (Entered: 01/06/2023)
2023-02-09	49	Stipulated MOTION FOR DISMISSAL , filed by Defendant Office of Management and Budget. Noting Date 2/9/2023, (Fairchild, Katie) (Entered: 02/09/2023)
2023-02-14	50	ORDER of Dismissal with Prejudice re Parties' 49 Stipulated MOTION. Signed by Judge Tana Lin.(LH) (Entered: 02/14/2023)
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