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Case TitleAMERICANS FOR FAIR TREATMENT v. UNITED STATES POSTAL SERVICE et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2022cv01183
Date Filed2022-04-28
Date ClosedOpen
JudgeJudge Royce C. Lamberth
PlaintiffAMERICANS FOR FAIR TREATMENT
Case DescriptionAmericans for Fair Treatment submitted a FOIA request to U.S. Postal Service for records concerning the agency's Privacy Act statement allowing the agency to disclose personal information to third parties on antigen tests for COVID-19 where required by law. The agency acknowledged receipt of the request and told AFT that it had no responsive records. AFT filed an administrative appeal. The agency affirmed its no records response but told AFT that its Privacy Act statement was meant to comply with the E-Government Act. AFT then filed suit.
Complaint issues: Adequacy - Search, Litigation - Vaughn index, Litigation - Attorney's fees

DefendantUNITED STATES POSTAL SERVICE
DefendantLOUIS DEJOY in his official capacity as Postmaster General of the United States Postal Service
DefendantTHOMAS J. MARSHALL in his official capacity as General Counsel of the United States Postal Service
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
Complaint attachment 13
Complaint attachment 14
Complaint attachment 15
Opinion/Order [30]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2022-04-281COMPLAINT against LOUIS DEJOY, THOMAS J. MARSHALL, UNITED STATES POSTAL SERVICE ( Filing fee $ 402 receipt number ADCDC-9203043) filed by AMERICANS FOR FAIR TREATMENT. (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 Civil Cover Sheet, # 11 Summons United States Postal Service, # 12 Summons Louis DeJoy, # 13 Summons Thomas J. Marshall, # 14 Summons U.S. Attorney for D.C., # 15 Summons U.S. Attorney General)(Dorey, David) (Entered: 04/28/2022)
2022-04-29Case Assigned to Judge Royce C. Lamberth. (zjm) (Entered: 04/29/2022)
2022-04-292SUMMONS (5) Issued Electronically as to All Defendants, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(zjm) (Entered: 04/29/2022)
2022-05-163RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. LOUIS DEJOY served on 5/9/2022; THOMAS J. MARSHALL served on 5/9/2022; UNITED STATES POSTAL SERVICE served on 5/9/2022 (Attachments: # 1 Certified Mail Receipts)(Dorey, David) (Entered: 05/16/2022)
2022-05-164RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 5/9/2022. Answer due for ALL FEDERAL DEFENDANTS by 6/8/2022. (Attachments: # 1 Certified Mail Receipts)(Dorey, David) (Entered: 05/16/2022)
2022-05-165RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 5/9/22. (Attachments: # 1 Certified Mail Receipts)(Dorey, David) (Entered: 05/16/2022)
2022-05-196MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Tessa E. Shurr, Filing fee $ 100, receipt number ADCDC-9248480. Fee Status: Fee Paid. by AMERICANS FOR FAIR TREATMENT. (Attachments: # 1 Declaration, # 2 Text of Proposed Order)(Dorey, David) (Entered: 05/19/2022)
2022-05-277ORDER granting 6 Motion for Leave to Appear Pro Hac Vice. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). Click for instructions . Signed by Judge Royce C. Lamberth on 5/27/2022. (lcrcl3) (Entered: 05/27/2022)
2022-06-028NOTICE of Appearance by Tessa Elizabeth Shurr on behalf of AMERICANS FOR FAIR TREATMENT (Shurr, Tessa) (Entered: 06/02/2022)
2022-06-089NOTICE of Appearance by Paul Cirino on behalf of All Defendants (Cirino, Paul) (Entered: 06/08/2022)
2022-06-0810ANSWER to Complaint by LOUIS DEJOY, THOMAS J. MARSHALL, UNITED STATES POSTAL SERVICE.(Cirino, Paul) (Entered: 06/08/2022)
2022-06-1311ORDER: The government is ORDERED to file a Vaughn index and supporting dispositive motion within 30 days. Signed by Judge Royce C. Lamberth on 06/13/2022. (lcrcl3) (Entered: 06/13/2022)
2022-07-0712Consent MOTION for Extension of Time to File Motion by LOUIS DEJOY, THOMAS J. MARSHALL, UNITED STATES POSTAL SERVICE. (Attachments: # 1 Text of Proposed Order)(Cirino, Paul) (Entered: 07/07/2022)
2022-07-1213ORDER granting 12 Motion for Extension of Time.Defendants' Summary Judgment motion and Vaughn Index due by 7/29/2022. Plaintiff's Summary Judgment cross-motion and Response due by 9/2/2022. Signed by Judge Royce C. Lamberth on 7/12/2022. (lcrcl3) (Entered: 07/12/2022)
2022-07-2914MOTION for Summary Judgment , MOTION for Judgment on the Pleadings by LOUIS DEJOY, THOMAS J. MARSHALL, UNITED STATES POSTAL SERVICE. (Attachments: # 1 Memorandum in Support, # 2 Declaration of Janine Castorina, # 3 Statement of Facts, # 4 Text of Proposed Order)(Cirino, Paul) (Entered: 07/29/2022)
2022-08-2515NOTICE of Appearance by Patricia K. McBride on behalf of All Defendants (McBride, Patricia) (Entered: 08/25/2022)
2022-08-2916NOTICE OF WITHDRAWAL OF APPEARANCE as to LOUIS DEJOY, THOMAS J. MARSHALL, UNITED STATES POSTAL SERVICE. Attorney Paul Cirino terminated. (Cirino, Paul) (Entered: 08/29/2022)
2022-09-0217Memorandum in opposition to re 14 Motion for Summary Judgment,, Motion for Judgment on the Pleadings, filed by AMERICANS FOR FAIR TREATMENT. (Attachments: # 1 Declaration of Elisabeth Kines Messenger, # 2 Counter-Statement of Material Facts, # 3 Text of Proposed Order)(Dorey, David) (Entered: 09/02/2022)
2022-09-0218Cross MOTION for Summary Judgment by AMERICANS FOR FAIR TREATMENT. (Attachments: # 1 Memorandum in Support, # 2 Declaration of Elisabeth Kines Messenger, # 3 Statement of Material Facts, # 4 Text of Proposed Order)(Dorey, David) (Entered: 09/02/2022)
2022-09-0719Unopposed MOTION for Extension of Time to File Response/Reply by LOUIS DEJOY, THOMAS J. MARSHALL, UNITED STATES POSTAL SERVICE. (McBride, Patricia) (Entered: 09/07/2022)
2022-09-08MINUTE ORDER granting 19 Motion for Extension of Time to File Response/Reply; Set/Reset Deadlines: It is hereby ORDERED that the motion is GRANTED. Defendant shall file reply and opposition by 10/12/2022; plaintiff shall file reply by 11/04/2022. Signed by Judge Royce C. Lamberth on 09/08/2022. (lcrcl3) (Entered: 09/08/2022)
2022-10-0720NOTICE of Appearance by Michael Yohannan on behalf of All Defendants (Yohannan, Michael) (Entered: 10/07/2022)
2022-10-1221Consent MOTION for Extension of Time to File Response/Reply as to 14 MOTION for Summary Judgment MOTION for Judgment on the Pleadings with proposed order by LOUIS DEJOY, THOMAS J. MARSHALL, UNITED STATES POSTAL SERVICE. (Yohannan, Michael) (Entered: 10/12/2022)
2022-10-13MINUTE ORDER granting 21 Motion for Extension of Time to File Response/Reply to 14 MOTION for Summary Judgment; Set/Reset Deadlines: It is hereby ORDERED that hte motion is GRANTED. Defendants shall file their reply by 10/26/2022, and Plaintiff shall file its reply by 11/18/2022. Signed by Judge Royce C. Lamberth on 10/13/2022. (lcrcl3) (Entered: 10/13/2022)
2022-10-2622REPLY to opposition to motion re 14 MOTION for Summary Judgment MOTION for Judgment on the Pleadings filed by LOUIS DEJOY, THOMAS J. MARSHALL, UNITED STATES POSTAL SERVICE. (Attachments: # 1 Declaration Supplemental Declaration of Janine Castorina)(Yohannan, Michael) (Entered: 10/26/2022)
2022-10-2623Memorandum in opposition to re 18 Motion for Summary Judgment filed by LOUIS DEJOY, THOMAS J. MARSHALL, UNITED STATES POSTAL SERVICE. (Attachments: # 1 Declaration Supplemental Declaration of Janine Castorina)(Yohannan, Michael) (Entered: 10/26/2022)
2022-10-2824Partial MOTION to Dismiss for lack of standing, with proposed order by LOUIS DEJOY, THOMAS J. MARSHALL, UNITED STATES POSTAL SERVICE. (Yohannan, Michael) (Entered: 10/28/2022)
2022-11-0425Consent MOTION for Extension of Time to File Response/Reply as to 24 Partial MOTION to Dismiss for lack of standing, with proposed order (with proposed order) by AMERICANS FOR FAIR TREATMENT. (Dorey, David) (Entered: 11/04/2022)
2022-11-07MINUTE ORDER granting Motion 25 for Extension of Time to File Response/Reply to Partial Motion 24 to Dismiss for lack of standing ; Set/Reset Deadlines: It is hereby ORDERED that the motion is GRANTED, plaintiff shall file its response by 12/02/2022, and defendants shall file their reply by 12/16/2022. Signed by Judge Royce C. Lamberth on 11/07/2022. (lcrcl3) (Entered: 11/07/2022)
2022-11-1826REPLY to opposition to motion re 18 Cross MOTION for Summary Judgment filed by AMERICANS FOR FAIR TREATMENT. (Attachments: # 1 Second Declaration of Elisabeth Kines Messenger)(Dorey, David) (Entered: 11/18/2022)
2022-12-0227Memorandum in opposition to re 24 Motion to Dismiss filed by AMERICANS FOR FAIR TREATMENT. (Attachments: # 1 Declaration of Elisabeth Kines Messenger, # 2 Text of Proposed Order)(Dorey, David) (Entered: 12/02/2022)
2022-12-1228Consent MOTION for Extension of Time to File Response/Reply as to 24 Partial MOTION to Dismiss for lack of standing, with proposed order with proposed order by LOUIS DEJOY, THOMAS J. MARSHALL, UNITED STATES POSTAL SERVICE. (Yohannan, Michael) (Entered: 12/12/2022)
2022-12-14MINUTE ORDER granting Motion 28 for Extension of Time to File Reply in support of Partial Motion 24 to Dismiss for lack of standing ; Set/Reset Deadlines: It is hereby ORDERED that the motion is GRANTED and defendant shall file its reply in support of its partial motion to dismiss by 12/23/2022. Signed by Judge Royce C. Lamberth on 12/14/2022. (lcrcl3) (Entered: 12/14/2022)
2022-12-2229REPLY to opposition to motion re 24 Partial MOTION to Dismiss for lack of standing, with proposed order filed by LOUIS DEJOY, THOMAS J. MARSHALL, UNITED STATES POSTAL SERVICE. (Yohannan, Michael) (Entered: 12/22/2022)
2023-03-2330MEMORANDUM OPINION re: Motion 14 for Summary Judgment, Cross-Motion 18 for Summary Judgment, Partial Motion 24 to Dismiss. Signed by Judge Royce C. Lamberth on 03/23/2023. (lcrcl3) (Entered: 03/23/2023)
2023-03-2331ORDER granting in part and denying in part Motion 14 for Summary Judgment; denying as moot Motion 14 for Judgment on the Pleadings; granting in part and denying in part Motion 18 for Summary Judgment; granting Partial Motion 24 to Dismiss: For the reasons stated in the accompanying Memorandum Opinion 30 , it is hereby ORDERED that defendants' partial motion to dismiss is GRANTED, Counts III and IV of the complaint are DISMISSED WITHOUT PREJUDICE, and defendants' motion for judgment on the pleadings is DENIED AS MOOT. It is further ORDERED that defendants' motion for summary judgment is GRANTED in part and DENIED in part, and that plaintiff's cross-motion for summary judgment is GRANTED in part and DENIED WITH PREJUDICE in part and WITHOUT PREJUDICE in part. See Order for details. Signed by Judge Royce C. Lamberth on 03/23/2023. (lcrcl3) (Entered: 03/23/2023)
2023-03-3032NOTICE OF SUBSTITUTION OF COUNSEL by Dhruman Y. Sampat on behalf of LOUIS DEJOY, THOMAS J. MARSHALL, UNITED STATES POSTAL SERVICE Substituting for attorney Michael Yohannan (Sampat, Dhruman) (Entered: 03/30/2023)
2023-04-0633Joint STATUS REPORT containing proposed schedule by LOUIS DEJOY, THOMAS J. MARSHALL, UNITED STATES POSTAL SERVICE. (Sampat, Dhruman) (Entered: 04/06/2023)
2023-04-0734NOTICE OF WITHDRAWAL OF APPEARANCE as to LOUIS DEJOY, THOMAS J. MARSHALL, UNITED STATES POSTAL SERVICE. Attorney Patricia K. McBride terminated. (McBride, Patricia) (Entered: 04/07/2023)
2023-04-1935ORDER: The parties are hereby ORDERED to file a joint status report by 07/05/2023. Signed by Judge Royce C. Lamberth on 04/19/2023. (lcrcl3) (Entered: 04/19/2023)
2023-05-1936MOTION for Leave to File Supplemental Complaint by AMERICANS FOR FAIR TREATMENT. (Attachments: # 1 Memorandum in Support, # 2 Exhibit 1 - Proposed Supplemental Complaint, # 3 Text of Proposed Order)(Dorey, David) (Entered: 05/19/2023)
2023-05-2937Consent MOTION for Extension of Time to File Response/Reply as to 36 MOTION for Leave to File Supplemental Complaint by LOUIS DEJOY, THOMAS J. MARSHALL, UNITED STATES POSTAL SERVICE. (Sampat, Dhruman) (Entered: 05/29/2023)
2023-05-3138ORDER granting Motion 37 for Extension of Time: It is hereby ORDERED that the motion is GRANTED and defendants shall file their opposition by 06/23/2023. Signed by Judge Royce C. Lamberth on 05/31/2023. (lcrcl3) (Entered: 05/31/2023)
2023-06-2339Memorandum in opposition to re 36 Motion for Leave to File filed by LOUIS DEJOY, THOMAS J. MARSHALL, UNITED STATES POSTAL SERVICE. (Sampat, Dhruman) (Entered: 06/23/2023)
2023-06-3040REPLY to opposition to motion re 36 MOTION for Leave to File Supplemental Complaint filed by AMERICANS FOR FAIR TREATMENT. (Attachments: # 1 Exhibit 1 - Updated Proposed Supplemental Complaint)(Dorey, David) (Entered: 06/30/2023)
2023-07-0541Joint STATUS REPORT by LOUIS DEJOY, THOMAS J. MARSHALL, UNITED STATES POSTAL SERVICE. (Attachments: # 1 Text of Proposed Order)(Sampat, Dhruman) (Entered: 07/05/2023)
2023-07-0642STATUS REPORT ORDER. Joint Status Report due by 08/18/2023. Signed by Judge Royce C. Lamberth on 07/06/2023. (lcrcl1) (Entered: 07/06/2023)
2023-08-1843Joint STATUS REPORT by LOUIS DEJOY, THOMAS J. MARSHALL, UNITED STATES POSTAL SERVICE. (Attachments: # 1 Text of Proposed Order)(Sampat, Dhruman) (Entered: 08/18/2023)
2023-09-0144MEMORANDUM ORDER denying Motion 36 for Leave to File Supplemental Complaint: It is ORDERED that the motion is DENIED for futility, as the relevant counts of the complaint would fail to state a claim even as supplemented. See Memorandum Order for details. Signed by Judge Royce C. Lamberth on 09/01/2023. (lcrcl3) (Entered: 09/01/2023)
2023-09-0145SCHEDULING ORDER: Defendants' summary judgment motion due by 10/17/2023. Plaintiff's combined opposition and cross-motion due by 11/17/2023. Defendants' combined reply and opposition due by 12/18/2023. Plaintiff's reply due by 01/22/2024. Signed by Judge Royce C. Lamberth on 09/01/2023. (lcrcl3) (Entered: 09/01/2023)
2023-10-2046MOTION for Leave to File by LOUIS DEJOY, THOMAS J. MARSHALL, UNITED STATES POSTAL SERVICE. (McBride, Patricia) (Entered: 10/20/2023)
2023-10-2347RESPONSE re 46 MOTION for Leave to File filed by AMERICANS FOR FAIR TREATMENT. (Attachments: # 1 Text of Proposed Order)(Dorey, David) (Entered: 10/23/2023)
2023-11-0748ORDER granting Motion 46 for Leave to File Motion to Extend Time: It is hereby ORDERED that the motion is granted. Defendants' renewed motion for summary judgment is due by 12/08/2023. See Order for details. A revised Scheduling Order will issue at a later date. Signed by Judge Royce C. Lamberth on 11/06/2023. (lcrcl3) (Entered: 11/07/2023)
2023-11-0949SCHEDULING ORDER: Defendants' summary judgment motion due by 12/08/2023. Plaintiff's combined opposition and cross-motion due by 01/08/2024. Defendants' combined reply and opposition due by 02/09/2024. Plaintiff's reply due by 03/15/2024. Signed by Judge Royce C. Lamberth on 11/09/2023. (lcrcl3) (Entered: 11/09/2023)
2023-11-1450NOTICE OF SUBSTITUTION OF COUNSEL by Patricia K. McBride on behalf of All Defendants Substituting for attorney Shruman Sampat (McBride, Patricia) (Entered: 11/14/2023)
2023-12-0551Unopposed MOTION for Extension of Time to File by LOUIS DEJOY, THOMAS J. MARSHALL, UNITED STATES POSTAL SERVICE. (McBride, Patricia) (Entered: 12/05/2023)
2023-12-2152ORDER granting Motion 51 for Extension of Time to File: It is hereby ORDERED that Defendants' motion is GRANTED. Defendants summary judgment motion due by 1/20/2024. Plaintiffs combined opposition and cross-motion due by 2/28/2024. Defendants combined reply and opposition due by 3/28/2024. Plaintiffs reply due by 4/23/2024. Signed by Judge Royce C. Lamberth on 12/21/2023. (lcrcl3) (Entered: 12/21/2023)
2024-01-1853Consent MOTION for Extension of Time to by LOUIS DEJOY, THOMAS J. MARSHALL, UNITED STATES POSTAL SERVICE. (McBride, Patricia) (Entered: 01/18/2024)
2024-01-2254ORDER granting Motion 53 for Extension of Time to File: It is hereby ORDERED that Defendants' motion is GRANTED. Defendants' summary judgment motion due by 1/26/2024. Plaintiffs' combined opposition and cross-motion due by 03/06/2024. Defendants' combined reply and opposition due by 04/04/2024. Plaintiffs' reply due by 04/30/2024. Signed by Judge Royce C. Lamberth on 01/22/2024. (lcrcl3) (Entered: 01/22/2024)
2024-01-2555Consent MOTION for Extension of Time to by LOUIS DEJOY, THOMAS J. MARSHALL, UNITED STATES POSTAL SERVICE. (McBride, Patricia) (Entered: 01/25/2024)
2024-02-0156Consent MOTION for Extension of Time to by LOUIS DEJOY, THOMAS J. MARSHALL, UNITED STATES POSTAL SERVICE. (McBride, Patricia) (Entered: 02/01/2024)
2024-02-0257ORDER granting Motion 56 for Extension of Time to File: It is hereby ORDERED that Defendants' motion is GRANTED. Defendants' summary judgment motion due by 03/01/2024. Plaintiffs' combined opposition and cross-motion due by 04/13/2024. Defendants' combined reply and opposition due by 05/11/2024. Plaintiffs' reply due by 06/07/2024. Signed by Judge Royce C. Lamberth on 02/02/2024. (lcrcl3) (Entered: 02/02/2024)
2024-03-0158Consent MOTION for Extension of Time to File by LOUIS DEJOY, THOMAS J. MARSHALL, UNITED STATES POSTAL SERVICE. (McBride, Patricia) (Entered: 03/01/2024)
2024-03-0859ORDER granting Motion 58 for Extension of Time to File: It is hereby ORDERED that defendants' Unopposed Motion for Extension of Time to File is GRANTED. Defendants' summary judgment motion due by 03/08/2024. Plaintiffs' combined opposition and cross-motion due by 04/20/2024. Defendants' combined reply and opposition due by 05/17/2024. Plaintiffs' reply due by 06/14/2024. Signed by Judge Royce C. Lamberth on 03/08/2024. (lcrcl3) (Entered: 03/08/2024)
2024-03-0860MOTION for Summary Judgment by LOUIS DEJOY, THOMAS J. MARSHALL, UNITED STATES POSTAL SERVICE. (McBride, Patricia) (Entered: 03/08/2024)
2024-03-1461ERRATA DECLARATION by LOUIS DEJOY, THOMAS J. MARSHALL, UNITED STATES POSTAL SERVICE re 60 Motion for Summary Judgment. (Attachments: # 1 Exhibit SUPP 2024 DECL)(McBride, Patricia) (Entered: 03/14/2024)
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