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Case TitleJames V. Lacy et al v. United States Department of State
DistrictCentral District of California
CitySouthern Division - Santa Ana
Case Number8:2022cv01065
Date Filed2022-05-26
Date Closed2023-08-30
JudgeJudge David O. Carter
PlaintiffJames V. Lacy
PlaintiffUnited States Justice Foundation
Case DescriptionJames Lacey and the United States Justice Foundation submitted three FOIA requests to the Department of State for records concerning communications pertaining to Hunter Biden. The agency acknowledged receipt of the requests. The agency assigned all three requests to the complex track. After hearing nothing further from the agency, Lacey and the United States Justice Foundation filed suit.
Complaint issues: Litigation - Attorney's fees, Adequacy - Search, Expedited processing, Failure to respond within statutory time limit

DefendantUnited States Department of State
DefendantDoes 1 through 10, inclusive
Documents
Docket
Complaint
Complaint attachment 1
Opinion/Order [11]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2022-05-261COMPLAINT Receipt No: ACACDC-33370341 - Fee: $402, filed by plaintiff James V. Lacy, United States Justice Foundation. (Attachments: # 1 Exhibit Exhibits) (Attorney Chad D Morgan added to party James V. Lacy(pty:pla), Attorney Chad D Morgan added to party United States Justice Foundation(pty:pla))(Morgan, Chad) (Entered: 05/26/2022)
2022-05-262Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening), 1 filed by plaintiff James V. Lacy, United States Justice Foundation. (Morgan, Chad) (Entered: 05/26/2022)
2022-05-263CIVIL COVER SHEET filed by Plaintiffs James V. Lacy, United States Justice Foundation. (Morgan, Chad) (Entered: 05/26/2022)
2022-05-264CORPORATE DISCLOSURE STATEMENT filed by Plaintiffs James V. Lacy, United States Justice Foundation (Morgan, Chad) (Entered: 05/26/2022)
2022-05-265CERTIFICATE of Interested Parties filed by plaintiff All Plaintiffs, (Morgan, Chad) (Entered: 05/26/2022)
2022-05-276NOTICE OF ASSIGNMENT to District Judge David O. Carter and Magistrate Judge Karen E. Scott. (car) (Entered: 05/27/2022)
2022-05-277NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (car) (Entered: 05/27/2022)
2022-05-278Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (car) (Entered: 05/27/2022)
2022-05-27930 DAY Summons Issued re Complaint (Attorney Civil Case Opening), 1 as to Defendant United States Department of State. (car) (Entered: 05/27/2022)
2022-06-0210INITIAL STANDING ORDER FOLLOWING ASSIGNMENT OF CIVIL CASE TO JUDGE CARTER. (kdu) (Entered: 06/02/2022)
2022-08-3011MINUTE ORDER (IN CHAMBERS) ORDER TO SHOW CAUSE RE DISMISSAL FOR LACK OF PROSECUTION by Judge David O. Carter. SEE DOCUMENT FOR FURTHER INFORMATION. Response to Order to Show Cause due by 9/9/2022. (twdb) (Entered: 08/31/2022)
2022-08-3112PROOF OF SERVICE Executed by Plaintiff James V. Lacy, United States Justice Foundation, upon Defendant United States Department of State served on 8/11/2022, answer due 10/11/2022. Service of the Summons and Complaint were executed upon the United States Attorneys Office by delivering a copy to Crystal Veloz, Legal Assistant. The Attorney Generals Office of the United States was NOT served. The officer agency or corporation was NOT served. Service was executed in compliance with Federal Rules of Civil Procedure. Due diligence declaration NOT attached. Registered or certified mail return receipt NOT attached. (Morgan, Chad) (Entered: 08/31/2022)
2022-09-0613STIPULATION Extending Time to Answer the complaint as to United States Department of State answer now due 10/12/2022, re Complaint (Attorney Civil Case Opening), 1 filed by Defendant United States Department of State.(Attorney Jill S Casselman added to party United States Department of State(pty:dft))(Casselman, Jill) (Entered: 09/06/2022)
2022-10-1214ANSWER to Complaint (Attorney Civil Case Opening), 1 filed by Defendant United States Department of State.(Casselman, Jill) (Entered: 10/12/2022)
2022-10-1215ORDER SETTING SCHEDULING CONFERENCE by Judge David O. Carter. Scheduling Conference set for 11/7/2022 at 08:30 AM before Judge David O. Carter. (See attached Order for complete details.) (kdu) (Entered: 10/12/2022)
2022-10-2416EX PARTE APPLICATION to Continue Scheduling Conference from Nov 7, 2022 to After Nov. 28, 2022 Re: Initial Order Setting R26 Scheduling Conference - form only 15 filed by Plaintiff James V. Lacy. (Attachments: # 1 Proposed Order) (Morgan, Chad) (Entered: 10/24/2022)
2022-10-2417JOINT REPORT Rule 26(f) Discovery Plan filed by Defendant United States Department of State.. (Medrano, Alarice) (Entered: 10/24/2022)
2022-11-0218ORDER by Judge David O. Carter: granting 16 EX PARTE APPLICATION to Continue Scheduling Conference. The scheduling conference in this matter is continued to Monday, December 5, 2022 at 8:30 a.m. (lom) (Entered: 11/02/2022)
2022-12-0519MINUTES OF Scheduling Conference held before Judge David O. Carter. To ensure completeness of the record and fairness to the parties, the Court hereby requires the government to submit its agency affidavits (declarations detailing the governments search efforts) and Vaughn index (identifying any withheld documents and asserted justifications) by December 12, 2022. Plaintiffs discovery requests are due on December 19, 2022. Based on the parties submissions, the Court will set another scheduling conference on December 20, 2022 at 9:00 A.M. to decide whether discovery is appropriate before determining further proceedings. (SEE DOCUMENT FOR FURTHER DETAILS.) Court Reporter: Deborah Parker. (rolm) (Entered: 12/05/2022)
2022-12-1220Notice of Filing Agency Affidavit filed by Defendant United States Department of State. (Attachments: # 1 Affidavit of Susan C. Weetman)(Casselman, Jill) (Entered: 12/12/2022)
2022-12-1921Notice of Plaintiffs' Proposed Discovery filed by plaintiffs James V. Lacy, United States Justice Foundation. (Attachments: # 1 Exhibit Proposed Interrogatories, # 2 Exhibit Proposed Requests for Production)(Morgan, Chad) (Entered: 12/19/2022)
2022-12-2022Notice of Appearance or Withdrawal of Counsel: for attorney Alarice M Medrano counsel for Defendant United States Department of State. Adding Alarice M. Medrano as counsel of record for U.S. Department of State for the reason indicated in the G-123 Notice. Filed by Defendant United States Department of State. (Attorney Alarice M Medrano added to party United States Department of State(pty:dft))(Medrano, Alarice) (Entered: 12/20/2022)
2022-12-2023REPORT of SUPPLEMENTAL JOINT RULE 26(F) REPORT; REVISED PROPOSED TIMETABLE filed by Plaintiff James V. Lacy. (Morgan, Chad) (Entered: 12/20/2022)
2022-12-2024NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Document RE: Notice (Other) 21 . The following error(s) was/were found: Document lacks required signature. Other error(s) with document(s): page 5, proof of service not signed. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (twdb) (Entered: 12/20/2022)
2022-12-2025MINUTES OF Scheduling Conference held before Judge David O. Carter. Status Conference set for 1/23/2023 08:30 AM before Judge David O. Carter. The Court will set a status conference on January 23, 2023 at 8:30 AM, during which the Court will adopt a timeline to resolve outstanding matters. On or before January 19, 2023, the parties shall file a report addressing the status of processed documents, specifically whether processing has been completed or when it is expected to be completed. SEE DOCUMENT FOR FURTHER INFORMATION. Court Reporter: Deborah Parker. (twdb) (Entered: 01/03/2023)
2023-01-1926STATUS REPORT (Joint) filed by Plaintiffs James V. Lacy, United States Justice Foundation. (Morgan, Chad) (Entered: 01/19/2023)
2023-01-2327DECLARATION of Susan C. Weetman filed by Defendant United States Department of State. (Attachments: # 1 Preliminary Vaughn Index)(Casselman, Jill) (Entered: 01/23/2023)
2023-01-2328MINUTES OF Status Conference held before Judge David O. Carter: Defendant shall process the remaining documents, disclosures, and redactions on or before February 21, 2023. The parties will appear before the Court on that February 21, 2023 for a status conference. SEE DOCUMENT FOR FURTHER INFORMATION. Court Reporter: Deborah Parker. (twdb) (Entered: 01/26/2023)
2023-02-1729EX PARTE APPLICATION to Continue Deadline to File Motion for Summary Judgment by Two Weeks from March 6, 2023 to March 20, 2023 filed by Defendant United States Department of State. (Attachments: # 1 Proposed Order) (Casselman, Jill) (Entered: 02/17/2023)
2023-02-2130MINUTES OF STATUS CONFERENCE held before Judge David O. Carter: The case is called. The Court and counsel confer. The Court ORDERS the following dates: Defendant's Motion for Summary Judgment Due: March 6, 2023; Plaintiff's Opposition Due: March 20, 2023; Defendant's Reply Due: March 27, 2023; Motion Cut Off Date: April 3, 2023 at 08:30 AM. Court Reporter: Miriam Baird. (bm) (Entered: 02/21/2023)
2023-02-2231MINUTE ORDER IN CHAMBERS by Judge David O. Carter: ORDER SETTING BRIEFING DEADLINES 30 . The Court hereby SETS the following deadlines for Plaintiff's Cross Motion for Summary Judgment. SEE DOCUMENT FOR FURTHER INFORMATION. The Court will hear Plaintiffs Cross Motion for Summary Judgment on the same day as Defendants Motion for Summary Judgment, on April 3, 2023 at 08:30 AM. (twdb) (Entered: 02/22/2023)
2023-03-0632APPENDIX filed by Defendant United States Department of State. Re: (Attachments: # 1 Declaration of Susan C. Weetman, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6)(Casselman, Jill) (Entered: 03/06/2023)
2023-03-0633NOTICE OF MOTION AND MOTION for Summary Judgment filed by Defendant United States Department of State. Motion set for hearing on 4/3/2023 at 08:30 AM before Judge David O. Carter. (Attachments: # 1 Statement of Uncontroverted Facts and Conclusions of Law, # 2 Proposed Judgment) (Medrano, Alarice) (Entered: 03/06/2023)
2023-03-1334NOTICE OF MOTION AND MOTION for Summary Judgment as to Complaint filed by plaintiff James V. Lacy, United States Justice Foundation. Motion set for hearing on 4/3/2023 at 08:30 AM before Judge David O. Carter. (Attachments: # 1 Memorandum Points and Authorities in Support of MSJ, # 2 Declaration Alexander Tomescu, # 3 Declaration Chad D Morgan, # 4 Declaration James V Lacy, # 5 Appendix Index of Exhibits, # 6 Proposed Order Proposed Judgmengt) (Morgan, Chad) (Entered: 03/13/2023)
2023-03-1435STATEMENT of Separate Statement of Uncontroverted Facts NOTICE OF MOTION AND MOTION for Summary Judgment as to Complaint 34 filed by Plaintiffs James V. Lacy, United States Justice Foundation. (Morgan, Chad) (Entered: 03/14/2023)
2023-03-1436DECLARATION of Chad Morgan re Plaintiffs' late filed MSJ NOTICE OF MOTION AND MOTION for Summary Judgment as to Complaint 34 filed by Plaintiffs James V. Lacy, United States Justice Foundation. (Morgan, Chad) (Entered: 03/14/2023)
2023-03-2037Plaintiffs' Opposition to Defendant's Motion for Summary Judgment Opposition re: NOTICE OF MOTION AND MOTION for Summary Judgment 33 filed by Plaintiffs James V. Lacy, United States Justice Foundation. (Attachments: # 1 Supplement Separate Statement of Genuine Disputes)(Morgan, Chad) (Entered: 03/20/2023)
2023-03-2438OPPOSITION re: NOTICE OF MOTION AND MOTION for Summary Judgment as to Complaint 34 MEMORANDUM OF POINTS AND AUTHORITIES filed by Defendant United States Department of State. (Attachments: # 1 DEFENDANTS RESPONSE TO PLAINTIFFS SEPARATE STATEMENT OF UNCONTROVERTED FACTS AND CONCLUSIONS OF LAW)(Casselman, Jill) (Entered: 03/24/2023)
2023-03-2739REPLY In Support of NOTICE OF MOTION AND MOTION for Summary Judgment 33 MEMORANDUM OF POINTS AND AUTHORITIES filed by Defendant United States Department of State. (Casselman, Jill) (Entered: 03/27/2023)
2023-03-3040REPLY In Support NOTICE OF MOTION AND MOTION for Summary Judgment as to Complaint 34 filed by Plaintiffs James V. Lacy, United States Justice Foundation. (Morgan, Chad) (Entered: 03/30/2023)
2023-04-0341MINUTES OF Motion Hearing held before Judge David O. Carter: MOTION FOR SUMMARY JUDGMENT 33 34 . The case is called. The Court and counsel confer. The Court hears arguments. Motion for Summary Judgment 33 , 34 is taken under submission. 34 . Court Reporter: Court Smart. (twdb) (Entered: 04/03/2023)
2023-04-0442STATUS REPORT FOLLOWING HEARING ON SUMMARY JUDGMENT MOTIONS (Joint) filed by Defendant United States Department of State. (Casselman, Jill) (Entered: 04/04/2023)
2023-04-2743EX PARTE APPLICATION to Reopen Case filed by plaintiff James V. Lacy, United States Justice Foundation. (Attachments: # 1 Memorandum, # 2 Declaration, # 3 Proposed Order) (Morgan, Chad) (Entered: 04/27/2023)
2023-04-2844OPPOSITION re: EX PARTE APPLICATION to Reopen Case 43 filed by Defendant United States Department of State. (Casselman, Jill) (Entered: 04/28/2023)
2023-05-0345ORDER GRANTING IN PART PLAINTIFFS MOTION FOR SUMMARY JUDGMENT 34 AND DENYING DEFENDANTS MOTION FOR SUMMARY JUDGMENT 33 by Judge David O. Carter, the Court DENIES Plaintiff's Ex Parte Application (Dkt. 43); GRANTS IN PART Plaintiffs' Motion for Summary Judgment (Dkt. 34); and GRANTS IN PART Defendant's Motion for Summary Judgment (Dkt. 33). In particular, the Court: - GRANTS summary judgment in favor of Plaintiffs as to Defendant's failure to make a determination; - GRANTS summary judgment in favor of Defendants as to the adequacy of the search; and - DENIES WITHOUT PREJUDICE summary judgment with respect to the propriety of the redactions pursuant to the exemptions. Defendant is ORDERED to produce the disputed documents in which the defendant has invoked Exemptions 5 and 6 to the court for in camera review within seven (7) days of this order. 5 USC section 552(a)(4)(B). (jp) (Entered: 05/03/2023)
2023-05-0846Notice OF SUBMISSION OF DOCUMENTS IN CAMERA PURSUANT TO COURT ORDER (DKT. NO. 45) filed by Defendant United States Department of State. (Casselman, Jill) (Entered: 05/08/2023)
2023-06-0747ORDER by Judge David O. Carter, GRANTING IN PART DEFENDANT'S MOTION FOR SUMMARY JUDGMENT 33 . (twdb) (Entered: 06/07/2023)
2023-06-0948STIPULATION for Extension of Time to File Motion for Attorneys' Fees filed by plaintiff James V. Lacy. (Attachments: # 1 Proposed Order)(Morgan, Chad) (Entered: 06/09/2023)
2023-06-1049ORDER by Judge David O. Carter, Granting Stipulation 48 . The Court orders that the deadline for Plaintiffs to file a Motion for Attorneys' Fees is extended 30 days to July 21, 2023. (twdb) (Entered: 06/16/2023)
2023-07-2150NOTICE OF MOTION AND MOTION for Attorney Fees filed by Plaintiffs James V. Lacy, United States Justice Foundation. Motion set for hearing on 8/21/2023 at 08:30 AM before Judge David O. Carter. (Attachments: # 1 Memorandum, # 2 Declaration, # 3 Declaration) (Morgan, Chad) (Entered: 07/21/2023)
2023-07-3151OPPOSITION re: NOTICE OF MOTION AND MOTION for Attorney Fees 50 filed by Defendant United States Department of State. (Attachments: # 1 Declaration of Jill S. Casselman)(Casselman, Jill) (Entered: 07/31/2023)
2023-08-0852REPLY Reply NOTICE OF MOTION AND MOTION for Attorney Fees 50 filed by Plaintiffs James V. Lacy, United States Justice Foundation. (Attachments: # 1 Declaration Chad Morgan)(Morgan, Chad) (Entered: 08/08/2023)
2023-08-1453MINUTE ORDER IN CHAMBERS by Judge David O. Carter: ORDER ADVANCING HEARING DATE ON PLAINTIFF'S MOTION FOR ATTORNEYS' FEES 50 . ( Motion ADVANCED TO 8/17/2023 at 08:30 AM before Judge David O. Carter.) (twdb) (Entered: 08/15/2023)
2023-08-1754MINUTES OF Motion Hearing held before Judge David O. Carter: The Court hears oral arguments for Motion for Attorney Fees 50 . Motion is taken under submission. Plaintiff Counsel: Chad Morgan. Defense Counsel: Jill Casselman. Court Reporter: Sharon Seffens. Court Recorder: Court Smart. (kdu) (Entered: 08/17/2023)
2023-08-2255ORDER by Judge David O. Carter: Granting 50 Plaintiffs' MOTION for Attorneys' Fees. For the reasons set forth above, the Court GRANTS Plaintiffs Motion (Dkt. 50) and awards Plaintiffs a total of $81,945.00 in fees and costs. (twdb) (Entered: 08/22/2023)
2023-08-3056MINUTE ORDER IN CHAMBERS by Judge David O. Carter: Case should have been closed on entry dated 8/22/23 (Dkt. 55 ). (Made JS-6. Case Terminated.) (twdb) (Entered: 08/30/2023)
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