CENTER FOR PUBLIC INTEGRITY v. U.S. DEPARTMENT OF DEFENSE et al
| CENTER FOR PUBLIC INTEGRITY |
| U.S. DEPARTMENT OF DEFENSE and OFFICE OF MANAGEMENT AND BUDGET |
| 1:2019cv03265 |
| October 30, 2019 |
| US District Court for the District of Columbia |
| Colleen Kollar-Kotelly |
| Freedom of Information Act |
| 05 U.S.C. § 552 |
| None |
Docket Report
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This docket was last retrieved on August 28, 2020. A more recent docket listing may be available from PACER.
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| Set/Reset Deadlines: Plaintiff's Cross Motion for Summary Judgment due by 2/14/2020. Response to Cross Motion for Summary Judgment due by 2/21/2020. Reply to Cross Motion for Summary Judgment due by 2/28/2020. Defendants' Summary Judgment Motion due by 1/31/2020. Response to Motion for Summary Judgment due by 2/14/2020. Reply to Motion for Summary Judgment due by 2/21/2020. Vaughn Index due by 1/31/2020. (dot) |
Minute Order. The Court is in receipt of the parties' #21 Joint Status Report. The parties could not agree on a schedule for summary judgment briefing. The Court finds the following schedule, which is a compromise between the parties' proposals, to be reasonable. The Court ORDERS that Defendants file their Motion for Summary Judgment, including a Vaughn index addressing individually each document, by JANUARY 31, 2020; Plaintiff file its Cross-Motion and Response by FEBRUARY 14, 2020; Defendants file their Reply and Response by FEBRUARY 21, 2020; Plaintiff files its Reply by FEBRUARY 28, 2020. Signed by Judge Colleen Kollar-Kotelly on 12-18-2020. (lcckk3)
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| Filing 21 Joint STATUS REPORT by OFFICE OF MANAGEMENT AND BUDGET, U.S. DEPARTMENT OF DEFENSE. (Richer, Amber) |
| Set/Reset Deadlines: Joint Status Report due by 12/17/2019, setting forth a proposed schedule for submitting a Vaugh Index and conducting summary judgment briefing or cross-briefing. (dot) |
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Filing 20
ORDER denying #19 Motion to Enforce and Ordering a Joint Status Report. Signed by Judge Colleen Kollar-Kotelly on 12-13-2019. (lcckk3)
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| Filing 19 MOTION to Enforce Preliminary Injunction by CENTER FOR PUBLIC INTEGRITY (Attachments: #1 Exhibit Determination Letter, #2 Exhibit Documents Produced, #3 Text of Proposed Order)(Smith, Peter) |
| Filing 18 ANSWER to Complaint by OFFICE OF MANAGEMENT AND BUDGET, U.S. DEPARTMENT OF DEFENSE.(Richer, Amber) |
| Filing 17 MEMORANDUM OPINION. Signed by Judge Colleen Kollar-Kotelly on 11-25-2019. (lcckk3) |
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Filing 16
ORDER granting #4 Motion for Preliminary Injunction. Signed by Judge Colleen Kollar-Kotelly on 11-25-2019. (lcckk3)
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| Filing 15 RESPONSE re #13 Notice (Other) filed by CENTER FOR PUBLIC INTEGRITY. (ztd) |
| Filing 14 MOTION for Leave to File Response to Defendants' Notice by CENTER FOR PUBLIC INTEGRITY (Smith, Peter) |
| Filing 13 NOTICE by OFFICE OF MANAGEMENT AND BUDGET, U.S. DEPARTMENT OF DEFENSE (Richer, Amber) |
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Minute Order. The Court is in receipt of Plaintiff's #14 Motion for Leave to Respond to Defendants' Notice. Plaintiff's Motion is GRANTED as it will assist the Court in the resolution of Plaintiff's pending Motion. Signed by Judge Colleen Kollar-Kotelly on 11-22-2019. (lcckk3)
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| Minute Entry for proceedings held before Judge Colleen Kollar-Kotelly: Telephone Conference on the record held on 11/19/2019. (Court Reporter Lisa Griffith.) (dot) |
| Filing 12 Joint STATUS REPORT by OFFICE OF MANAGEMENT AND BUDGET, U.S. DEPARTMENT OF DEFENSE. (Richer, Amber) |
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Minute Order. The Court hereby schedules a teleconference in this matter for NOVEMBER 19, 2019 at 4:00 p.m. Counsel should be prepared to discuss scheduling issues for the processing and release of non-exempt documents responsive to Plaintiff's FOIA requests. Signed by Judge Colleen Kollar-Kotelly on 11-19-2019. (lcckk3)
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Minute Order. The Court held a teleconference in this matter on November 19, 2019. A court reporter was present. The parties and the Court discussed scheduling relating to the processing and release of non-exempt documents responsive to Plaintiff's FOIA requests. Defendants have agreed to release all responsive non-exempt documents by December 20, 2019. If for some reason Defendants are unable to meet that deadline, they will alert the Court by December 10, 2019. The only issue that remains is whether or not Defendants will begin releasing non-exempt responsive documents on a rolling basis prior to December 20, 2019. The parties are ORDERED to file a notice by noon on NOVEMBER 22, 2019, updating the Court as to the number of documents responsive to Plaintiff's FOIA requests, exclusive of duplicates. Signed by Judge Colleen Kollar-Kotelly on 11-19-2019. (lcckk3)
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| Set/Reset Hearings: Telephone Conference on the record set for 11/19/2019 at 4:00 PM in Chambers before Judge Colleen Kollar-Kotelly. (dot) |
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Minute Order. The Court remains in the process of reviewing and considering the parties' briefing as to Plaintiff's #4 Motion for a Preliminary Injunction. The Court begins by noting that this is not the typical FOIA case. First, the House of Representatives is in the process of conducting impeachment hearings. The public is interested in information relating to those impeachment hearings and requires relevant information in order to act as an informed electorate. Second, it appears that much of the information responsive to Plaintiff's FOIA requests has also been requested by Congress as well as various other groups. By processing documents for Plaintiff's request, Defendants would also work towards resolving several other requests for the same information. Additionally, it would appear that some apportionment letters have already been provided to Congress and that an OMB official will be deposed in a closed hearing on November 16, 2019. Third, the responsive documents have already been pulled and are likely to be electronic. Moreover, with only 500 responsive documents, a substantial number of which are duplicates, Plaintiff's request is fairly limited in scope. Based on the information which has been provided, the Court is unable to determine a reasonable timeline for processing the responsive documents, exclusive of duplicates, and releasing the non-exempt information. The Court ORDERS the parties to meet and confer and file a Joint Status Report by 10 a.m. on NOVEMBER 19, 2019. The Joint Status Report should address Plaintiff's prioritization of the documents requested. Additionally, in their Opposition, Defendants indicate that they are able to make an initial production of documents by December 20, 2019. But, Defendants fail to indicate how many documents can be processed by that date. The parties' Report should indicate whether Defendants will be able to process all the responsive documents, exclusive of duplicates, and release all non-exempt information by December 20, 2019. If not, Defendants should explain why all the responsive documents cannot be processed and all non-exempt information released by that date. In the case that Defendants determine they cannot process all responsive documents by December 20, 2019, Defendants should further indicate how many documents can be processed by December 20, 2019 and provide a reasonable schedule for processing the remaining documents and releasing the non-exempt information according to the prioritization requested by Plaintiff. Signed by Judge Colleen Kollar-Kotelly on 11-15-2019. (lcckk3)
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| Filing 11 REPLY to opposition to motion re #4 MOTION for Preliminary Injunction filed by CENTER FOR PUBLIC INTEGRITY. (Smith, Peter) |
| Filing 10 Memorandum in opposition to re #4 MOTION for Preliminary Injunction filed by OFFICE OF MANAGEMENT AND BUDGET, U.S. DEPARTMENT OF DEFENSE. (Attachments: #1 Declaration, #2 Declaration)(Richer, Amber) |
| Filing 9 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. OFFICE OF MANAGEMENT AND BUDGET served on 11/8/2019, RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 11/5/2019. (Attachments: #1 Exhibit USPS Return Receipt-OMB, #2 Exhibit USPS Return Receipt-AttyGen)(Smith, Peter) |
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Filing 8
ORDER ESTABLISHING PROCEDURES FOR CASES ASSIGNED TO JUDGE COLLEEN KOLLAR-KOTELLY. Signed by Judge Colleen Kollar-Kotelly on 11/6/19. (DM)
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| Set/Reset Deadlines: Defendants' Response to #4 due by 11/12/2019. Plaintiff's Reply to #4 due by 11/14/2019. (dot) |
| Filing 7 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF DEFENSE served on 11/4/2019 (Attachments: #1 Exhibit USPS Return Receipt-DoD)(Smith, Peter) |
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Minute Order. The Court conducted a teleconference in this matter on November 4, 2019. Defendants reported that service of the Complaint and the Preliminary Injunction has been completed. However, neither Defendant has yet to make a determination of the volume of documents encompassed by Plaintiff's FOIA requests. Defendants are ORDERED to file a Response to Plaintiff's Motion for a Preliminary Injunction by NOVEMBER 12, 2019. Plaintiff is ORDERED to file a Reply in support of its Motion by NOVEMBER 14, 2019. This briefing schedule should give the parties adequate time to determine the volume of documents in Plaintiff's requests and to decide if a production schedule can be agreed upon. Signed by Judge Colleen Kollar-Kotelly on 11-4-2019. (lcckk3)
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| Minute Entry for proceedings held before Judge Colleen Kollar-Kotelly: Telephone Conference on the record held on 11/4/2019. (Court Reporter Lisa Edwards.) (dot) |
| Set/Reset Hearings: Telephone Conference on the record set for 11/4/2019 at 2:00 PM in Courtroom 28A before Judge Colleen Kollar-Kotelly. (dot) |
| Filing 6 NOTICE of Appearance by Amber Richer on behalf of OFFICE OF MANAGEMENT AND BUDGET, U.S. DEPARTMENT OF DEFENSE (Richer, Amber) |
| Filing 5 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 10/31/2019. Answer due for ALL FEDERAL DEFENDANTS by 11/30/2019. (Smith, Peter) |
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Minute Order. The Court hereby schedules a teleconference in this matter for NOVEMBER 4, 2019 at 2:00 p.m. Counsel should be prepared to discuss the status of Plaintiff's FOIA requests as well as a briefing schedule for Plaintiff's Motion for a Preliminary Injunction. Signed by Judge Colleen Kollar-Kotelly on 11-1-2019. (lcckk3)
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| Filing 4 MOTION for Preliminary Injunction by CENTER FOR PUBLIC INTEGRITY (Attachments: #1 Text of Proposed Order)(Smith, Peter) |
| Filing 3 SUMMONS (4) Issued Electronically as to OFFICE OF MANAGEMENT AND BUDGET, U.S. DEPARTMENT OF DEFENSE, U.S. Attorney and U.S. Attorney General (Attachment: #1 Notice and Consent)(zmc) |
| Case assigned to Judge Colleen Kollar-Kotelly. (zmc) |
| Filing 2 LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by CENTER FOR PUBLIC INTEGRITY (Smith, Peter) |
| Filing 1 COMPLAINT against All Defendants ( Filing fee $ 400 receipt number ADCDC-6492032) filed by CENTER FOR PUBLIC INTEGRITY. (Attachments: #1 Exhibit FOIA Requests, #2 Civil Cover Sheet, #3 Summons DoD, #4 Summons OMB, #5 Summons U.S. Attorney, #6 Summons Attorney General)(Smith, Peter) |
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