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Case TitleState of Washington v. Office of Management and Budget
DistrictWestern District of Washington
CitySeattle
Case Number2:2021cv00564
Date Filed2021-04-27
Date ClosedOpen
JudgeJudge Tana Lin
PlaintiffState of Washington
Case DescriptionThe State of Washington submitted a FOIA request to OMB for records concerning the National Archives records center in Seattle. The agency acknowledged receipt of the request but after hearing nothing further from the agency, the State of Washington filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Fees, Litigation - Attorney's fees

DefendantOffice of Management and Budget an agency of the United States
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Opinion/Order [18]
Opinion/Order [26]
Opinion/Order [35]
Opinion/Order [37]
Opinion/Order [39]
Opinion/Order [44]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2021-04-271COMPLAINT 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)
2021-04-272NOTICE 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)
2021-04-28Hon. Brian A Tsuchida added. (CDA) (Entered: 04/28/2021)
2021-04-283Summons Electronically Issued as to defendant Office of Management and Budget (CDA) (Entered: 04/28/2021)
2021-05-114CERTIFICATE 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)
2021-06-085NOTICE of Appearance by attorney Katie Denise Fairchild on behalf of Defendant Office of Management and Budget. (Fairchild, Katie) (Entered: 06/08/2021)
2021-06-086NOTICE 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)
2021-06-097ANSWER to 1 Complaint by Office of Management and Budget.(Fairchild, Katie) (Entered: 06/09/2021)
2021-06-118MINUTE 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)
2021-06-119ORDER 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)
2021-07-2710MINUTE 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)
2021-07-2711MINUTE 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)
2021-07-2712CASE 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)
2021-08-1913MOTION 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)
2021-08-1914DECLARATION 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)
2021-08-2715NOTICE 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)
2021-09-1416NOTICE 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)
2021-09-1417Stipulated MOTION on Briefing Schedule , filed by Plaintiff State of Washington. Noting Date 9/14/2021, (Fraas, Lauryn) (Entered: 09/14/2021)
2021-09-1518ORDER 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)
2021-09-2219RESPONSE, by Defendant Office of Management and Budget, to 13 MOTION for Summary Judgment . (Fairchild, Katie) (Entered: 09/22/2021)
2021-09-2220DECLARATION 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)
2021-09-2221DECLARATION 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)
2021-10-0122NOTICE of Appearance by attorney Brian Hunt Rowe on behalf of Plaintiff State of Washington. (Rowe, Brian) (Entered: 10/01/2021)
2021-10-0123REPLY, filed by Plaintiff State of Washington, TO RESPONSE to 13 MOTION for Summary Judgment (Rowe, Brian) (Entered: 10/01/2021)
2021-10-0124DECLARATION 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)
2021-12-0125Stipulated MOTION , filed by Defendant Office of Management and Budget. Noting Date 12/1/2021, (Fairchild, Katie) (Entered: 12/01/2021)
2021-12-0226ORDER 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)
2021-12-13MINUTE 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)
2022-01-0727STANDING 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)
2022-02-1028NOTICE of Appearance by attorney Brian C Kipnis on behalf of Defendant Office of Management and Budget. (Kipnis, Brian) (Entered: 02/10/2022)
2022-02-1629MOTION 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)
2022-02-1630DECLARATION 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)
2022-02-2231MINUTE 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)
2022-02-2832RESPONSE, 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)
2022-03-0433REPLY, 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)
2022-03-1034NOTICE of Appearance by attorney Nickolas Bohl on behalf of Defendant Office of Management and Budget. (Bohl, Nickolas) (Entered: 03/10/2022)
2022-03-1835ORDER 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)
2022-04-2536JOINT STATUS REPORT signed by all parties. (Rowe, Brian) (Entered: 04/25/2022)
2022-05-1737ORDER 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)
2022-06-1338JOINT STATUS REPORT signed by all parties. (Rowe, Brian) (Entered: 06/13/2022)
2022-07-0639MINUTE 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)
2022-08-1940Stipulated 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)
2022-08-1941ORDER 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)
2022-08-2642NOTICE OF WITHDRAWAL OF COUNSEL: Attorney Nathan Bays for Plaintiff State of Washington. (Fraas, Lauryn) (Entered: 08/26/2022)
2022-09-1943Stipulated 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)
2022-09-2044ORDER 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)
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