District Of Columbia District Court
Judge:Dabney L Friedrich
Case #: 1:17-cv-00029
Nature of Suit895 Other Statutes - Freedom of Information Act
Cause05:552 Freedom of Information Act
Case Filed:Jan 05, 2017
Terminated:Aug 09, 2018
Last checked: Tuesday Jul 04, 2017 5:04 AM EDT
Defendant
U.S. DEPARTMENT OF JUSTICE
Represented By
Stephen M. Pezzi
U.S. Department Of Justice
contact info
Plaintiff
JUDICIAL WATCH, INC.
Represented By
Michael Bekesha
Judicial Watch, Inc.
contact info

GPO Aug 09 2018
MEMORANDUM OPINION regarding the Justice Department's 16 Motion for Summary Judgment and Judicial Watch's 18 Cross-Motion for Summary Judgment. Signed by Judge Dabney L. Friedrich on August 9, 2018. (JK)

Docket last updated: 12 hours ago
Thursday, August 09, 2018
31 31 14 pgs order Memorandum & Opinion Thu 08/09 9:32 AM
MEMORANDUM OPINION regarding the Justice Department's16 Motion for Summary Judgment and Judicial Watch's18 Cross-Motion for Summary Judgment. Signed by Judge Dabney L. Friedrich on August 9, 2018. (JK)
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30 30 1 pgs order Order on Motion for Summary Judgment Thu 08/09 9:30 AM
ORDER granting the Justice Department's16 Motion for Summary Judgment and denying Judicial Watch's18 Cross-Motion for Summary Judgment. See order for details. Signed by Judge Dabney L. Friedrich on August 9, 2018. (JK)
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Friday, July 13, 2018
29 29 misc Status Report Fri 07/13 2:34 PM
Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE.(Pezzi, Stephen)
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Att: 1 Plaintiff's Exhibit A
Tuesday, July 03, 2018
28 28 respm Response to Order of the Court Tue 07/03 1:29 PM
RESPONSE TO ORDER OF THE COURT re24 Order, Set Deadlines filed by U.S. DEPARTMENT OF JUSTICE.(Pezzi, Stephen)
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Att: 1 Exhibit 1 - Second Brinkmann Declaration
order .Order Tue 07/03 3:15 PM
MINUTE ORDER. Before the Court are the Department of Justice's16 Motion for Summary Judgment and Judicial Watch's18 Cross-Motion for Summary Judgment. The issues in dispute have narrowed considerably since the inception of this case. Judicial Watch now argues that the descriptions of the searches of the Gmail account of Peter Kadzik, the former Assistant Attorney General for Legislative Affairs, as set forth in the Brinkmann Declaration, are insufficiently detailed because they do not (1) "provide[] any evidence whatsoever about how Defendant searched for all work-related emails on Mr. Kadzik's Gmail account or (2) "explain[] why [Defendant] did not use the same search terms to conduct searches of Mr. Kadzik's Gmail account as were used to conduct searches of Mr. Kadzik's Justice Department email account."21 Pl.'s Reply Br. 2. Following the June 6 hearing, the Court issued an24 Order directing the Department of Justice to submit a supplemental declaration providing any additional details about the searches of the Kadzik Gmail account. In light of the28 Defendant's Response to the Court's June 9, 2018 Order, it is ORDERED that the parties shall confer and file on or before July 13, 2018 a joint status report that advises the Court whether any legal issues remain in this case. Signed by Judge Dabney L. Friedrich on July 3, 2018. (JK)
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utility Set/Reset Deadlines Tue 07/03 3:17 PM
Set/Reset Deadlines: Joint Status Report due by 7/13/2018 (JK)
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Wednesday, June 27, 2018
27 27 misc Transcript Wed 06/27 10:54 AM
TRANSCRIPT OF MOTION HEARING before Judge Dabney L. Friedrich, held on 06/06/2018. Page Numbers: 1-90. Date of Issuance: 6/27/2018. Court Reporter/Transcriber: Sara A. Wick, Telephone number 202-354-3284; Tape Number: N/A. Transcripts may be ordered by submitting the[LINK:Transcript Order Form] For the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the c ourt reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter. NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 7/18/2018. Redacted Transcript Deadline set for 7/28/2018. Release of Transcript Restriction set for 9/25/2018.(Wick, Sara)
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Monday, June 11, 2018
26 26 respm Response to motion Mon 06/11 1:37 PM
RESPONSE re25 MOTION for Extension of Time to File Response to the Court's June 9, 2018 Order filed by JUDICIAL WATCH, INC..(Bekesha, Michael)
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Att: 1 Text of Proposed Order
25 25 motion Extension of Time to Mon 06/11 12:44 PM
MOTION for Extension of Time to File Response to the Court's June 9, 2018 Order by U.S. DEPARTMENT OF JUSTICE(Pezzi, Stephen)
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Att: 1 Text of Proposed Order
order Order on Motion for Extension of Time to Mon 06/11 3:05 PM
MINUTE ORDER. Upon consideration of25 Defendant's Motion for an Extension of Time and the plaintiff's response, it is ORDERED that the motion is GRANTED. Accordingly, the defendant's response to the Court's24 June 9, 2018 order shall be filed on or before July 3, 2018. Signed by Judge Dabney L. Friedrich on June 11, 2018. (JK)
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utility Set/Reset Deadlines Mon 06/11 3:07 PM
Set/Reset Deadlines: Defendant's response to the Court's 6/9/2018 Order due by 7/3/2018 (JK)
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Saturday, June 09, 2018
24 24 order .Order ~Util - Set/Reset Deadlines Sat 06/09 8:00 PM
ORDER directing the Department of Justice to submit a supplemental declaration on or before June 15, 2018. See order for details. Signed by Judge Dabney L. Friedrich on June 9, 2018. (JK)
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Friday, June 08, 2018
23 23 notice Notice of Supplemental Authority Fri 06/08 10:21 PM
NOTICE OF SUPPLEMENTAL AUTHORITY by U.S. DEPARTMENT OF JUSTICE (Pezzi, Stephen)
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22 22 respm Response to (non-motion) Document Fri 06/08 3:17 PM
RESPONSE re Motion Hearing,,, Set Deadlines,, filed by JUDICIAL WATCH, INC.. (Bekesha, Michael)
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Wednesday, June 06, 2018
minutes Motion Hearing ~Util - Set/Reset Deadlines Wed 06/06 12:46 PM
Minute Entry for proceedings held before Judge Dabney L. Friedrich: Motion Hearing held on 6/6/2018 re16 MOTION for Summary Judgment filed by U.S. DEPARTMENT OF JUSTICE, and18 Cross MOTION for Summary Judgment filed by JUDICIAL WATCH, INC. Oral arguments heard from both plaintiff and defendant. Motions taken under advisement. Supplemental information referenced during the hearing due from both plaintiff and defendant by 6/8/2018 (optional, no more than two pages long). (Court Reporter: Sara Wick.) (jl)
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Wednesday, May 30, 2018
order .Order ~Util - Set/Reset Hearings Wed 05/30 4:26 PM
MINUTE ORDER. The parties shall appear on June 6, 2018 at 10:00 a.m. in Courtroom 12 for a hearing to address the pending motions for summary judgment. Signed by Judge Dabney L. Friedrich on May 30, 2018. (JK)
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Monday, December 04, 2017
utility Case Assigned/Reassigned Mon 12/04 2:40 PM
Case directly reassigned to Judge Dabney L. Friedrich. Judge Emmet G. Sullivan is no longer assigned to the case. (ztnr)
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Thursday, August 17, 2017
21 21 respm Reply to opposition to motion Thu 08/17 2:04 PM
REPLY to opposition to motion re18 Cross MOTION for Summary Judgment filed by JUDICIAL WATCH, INC.. (Bekesha, Michael)
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Monday, August 14, 2017
20 20 respm Reply to opposition to motion Tue 08/15 12:55 PM
REPLY to opposition to motion re16 MOTION for Summary Judgment filed by U.S. DEPARTMENT OF JUSTICE. (See Docket Entry19 to view document). (nmw)
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19 19 respm Memorandum in opposition to motion Mon 08/14 1:32 PM
Memorandum in opposition to re18 Cross MOTION for Summary Judgment ; and Reply in Support of DOJ's Motion for Summary Judgment, filed by U.S. DEPARTMENT OF JUSTICE. (Pezzi, Stephen)
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Monday, July 10, 2017
18 18 motion Summary Judgment Mon 07/10 9:54 AM
Cross MOTION for Summary Judgment by JUDICIAL WATCH, INC.(Bekesha, Michael)
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Att: 1 Text of Proposed Order
17 17 respm Memorandum in opposition to motion Mon 07/10 9:53 AM
Memorandum in opposition to re16 MOTION for Summary Judgment filed by JUDICIAL WATCH, INC..(Bekesha, Michael)
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Att: 1 Text of Proposed Order
Monday, June 12, 2017
16 16 motion Summary Judgment Mon 06/12 6:26 PM
MOTION for Summary Judgment by U.S. DEPARTMENT OF JUSTICE(Pezzi, Stephen)
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Att: 1 Statement of Facts,
Att: 2 Memorandum in Support,
Att: 3 Declaration of Vanessa R. Brinkmann,
Att: 4 Text of Proposed Order
Tuesday, May 16, 2017
order .Order Tue 05/16 3:39 PM
MINUTE ORDER. In light of15 the parties' joint status report, the Court hereby enters the following briefing schedule: defendant's motion for summary judgment shall be filed no later June 12, 2017; plaintiff's opposition, which shall be combined with plaintiff's cross-motion for summary judgment, shall be filed no later than July 12, 2017; defendant's reply, which shall be combined with defendant's opposition to plaintiff's cross-motion, shall be filed no later than August 14, 2017; and plaintiff's reply shall be filed by no later than August 28, 2017. Signed by Judge Emmet G. Sullivan on May 16, 2017. (lcegs2)
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utility Set/Reset Deadlines Tue 05/16 3:49 PM
Set/Reset Deadlines: Defendant's Motion For Summary Judgment due by 6/12/2017. Plaintiff's Opposition, Combined With Plaintiff's Cross-Motion For Summary Judgment due by 7/12/2017. Defendant's Reply, Combined With The Defendant;s Opposition To Plaintiff's Cross-Motion due by 8/14/2017. Plaintiff's Reply due by 8/28/2017. (mac)
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Friday, May 12, 2017
15 15 misc Status Report Fri 05/12 9:28 PM
Joint STATUS REPORT and Proposed Scheduling Order by U.S. DEPARTMENT OF JUSTICE.(Pezzi, Stephen)
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Att: 1 Text of Proposed Order
Thursday, April 13, 2017
order .Order Thu 04/13 1:51 PM
MINUTE ORDER. In view of14 joint status report, the defendant shall complete its production of all non-exempt agency records that are responsive to plaintiff's two pending Freedom of Information Act Requests by no later than April 28, 2017. The parties shall file a joint status report by no later than May 12, 2017 informing the Court whether motions practice will be necessary. Signed by Judge Emmet G. Sullivan on 4/13/2017. (lcegs1)
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utility Set/Reset Deadlines Thu 04/13 2:00 PM
Set/Reset Deadlines: Joint Status Report due by 5/12/2017. (mac)
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Thursday, April 06, 2017
14 14 misc Status Report Thu 04/06 10:25 AM
Joint STATUS REPORT and Proposed Scheduling Order by U.S. DEPARTMENT OF JUSTICE.(Pezzi, Stephen)
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Att: 1 Text of Proposed Order
Thursday, March 23, 2017
notice Notice of Corrected Docket Entry Thu 03/23 1:57 PM
NOTICE OF CORRECTED DOCKET ENTRY: re13 Notice (Other) was entered in error (WRONG Case). (zrdj)
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Wednesday, March 22, 2017
13 13 notice Notice (Other) Thu 03/23 1:55 PM
ENTERED IN ERROR.....NOTICE of filing of the Notice of Related Actions filed with the Judicial Panel on Multidistrict Litigation pursuant to R.P.J.P.M.L.4.1(b)(zrdj) Modified on 3/23/2017 (zrdj)
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Tuesday, March 07, 2017
12 12 order .Order Tue 03/07 11:45 AM
STANDING ORDER. The parties are directed to read this Order in its entirety upon receipt. The parties shall file a proposed schedule for future proceedings by no later than April 7, 2017. Signed by Judge Emmet G. Sullivan on 3/7/2017. (lcegs1)
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utility Set/Reset Deadlines Tue 03/07 2:02 PM
Set/Reset Deadlines: Joint Scheduling Order due by 4/7/2017. (mac)
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Thursday, February 16, 2017
11 11 answer Answer to Complaint Thu 02/16 4:49 PM
ANSWER to Complaint by U.S. DEPARTMENT OF JUSTICE.(Pezzi, Stephen)
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Wednesday, January 18, 2017
10 10 service Summons Returned Executed in FOIA case as to U.S. Attorney Summons Returned Executed as to U.S. Attorney General Summons Returned Executed as to Federal Defendant Wed 01/18 1:09 PM
RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 1/17/2017. ( Answer due for ALL FEDERAL DEFENDANTS by 2/16/2017.), RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 1/17/2017., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF JUSTICE served on 1/17/2017(Bekesha, Michael)
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Att: 1 Declaration of Cristina Rotaru
9 9 respm Response to (non-motion) Document Wed 01/18 11:02 AM
RESPONSE re8 Notice (Other) Regarding Preservation filed by JUDICIAL WATCH, INC.. (Bekesha, Michael)
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8 8 notice Notice (Other) Wed 01/18 8:54 AM
NOTICE Regarding Preservation by U.S. DEPARTMENT OF JUSTICE (Pezzi, Stephen)
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order .Order Wed 01/18 1:01 PM
MINUTE ORDER. The Court has reviewed8 defendant's notice regarding preservation and9 plaintiff's response to defendant's notice. In view of the defendant's representation that it "instructed Mr. Kadzik to preserve potential agency records in his Gmail account, should any exist, and Mr. Kadzik agreed to do so until instructed otherwise" and that it notified Mr. Kadzik of "the Courts language regarding construing broadly the definition of an 'agency record' for purposes of preservation," the Court is not persuaded of the need for an additional order in response to defendant's notice. Signed by Judge Emmet G. Sullivan on 1/18/2017. (lcegs1)
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Tuesday, January 17, 2017
7 7 respm Reply to opposition to motion Tue 01/17 2:09 PM
REPLY to opposition to motion re3 MOTION for Order for Preservation and Request for Expedited Consideration filed by JUDICIAL WATCH, INC..(Bekesha, Michael)
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Att: 1 Exhibit A,
Att: 2 Exhibit B
6 6 respm Memorandum in opposition to motion Tue 01/17 11:52 AM
Memorandum in opposition to re3 MOTION for Order for Preservation and Request for Expedited Consideration filed by U.S. DEPARTMENT OF JUSTICE. (Pezzi, Stephen)
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order Order on Motion for Order Tue 01/17 5:12 PM
MINUTE ORDER granting3 plaintiff's motion for a preservation order. Defendant shall take all necessary and reasonable steps to ensure the preservation of all agency records and potential agency records between the dates of December 1, 2014 and November 7, 2016 in any personal email account of Assistant Attorney General for Legislative Affairs Peter Kadzik. Any question about whether a record is an agency record shall be resolved in favor of it being an agency record. Defendant shall advise the Court of the steps it has taken to preserve such records by no later than January 18, 2017 at 9:00 a.m. Signed by Judge Emmet G. Sullivan on 1/17/2017. (lcegs1)
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Friday, January 13, 2017
order .Order Fri 01/13 6:07 PM
MINUTE ORDER. In view of3 plaintiff's motion for preservation order and request for expedited consideration, the defendant shall file an opposition motion of no more than five pages by no later than January 17, 2017 at 12:00 p.m. Plaintiff shall file a reply of no more than five pages by no later than January 18, 2017 at 12:00 p.m. Signed by Judge Emmet G. Sullivan on 1/13/2017. (lcegs4)
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Monday, January 09, 2017
5 5 notice Notice of Appearance Mon 01/09 4:06 PM
NOTICE of Appearance by Stephen Michael Pezzi on behalf of U.S. DEPARTMENT OF JUSTICE (Pezzi, Stephen)
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Friday, January 06, 2017
4 4 service Electronic Summons Issued as to AUSA,USAG Fri 01/06 4:25 PM
SUMMONS (3) Issued Electronically as to U.S. DEPARTMENT OF JUSTICE, U.S. Attorney and U.S. Attorney General (Attachment: #1 Consent Form)(zsb)
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3 3 motion Motion For Order Fri 01/06 12:30 PM
MOTION for Order for Preservation and Request for Expedited Consideration by JUDICIAL WATCH, INC.(Bekesha, Michael)
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Att: 1 Text of Proposed Order
utility Case Assigned/Reassigned Fri 01/06 4:23 PM
Case Assigned to Judge Emmet G. Sullivan. (zsb)
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Thursday, January 05, 2017
2 2 notice LCvR 7.1 Certificate of Disclosure - Corporate Affiliations/Financial Interests Thu 01/05 4:02 PM
LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by JUDICIAL WATCH, INC. (Bekesha, Michael)
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1 1 cmp Complaint Thu 01/05 4:01 PM
COMPLAINT against DEPARTMENT OF JUSTICE ( Filing fee $ 400 receipt number 0090-4796274) filed by JUDICIAL WATCH, INC..(Bekesha, Michael)
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Att: 1 Civil Cover Sheet,
Att: 2 Summons US Attorney for the District of Columbia,
Att: 3 Summons US Attorney General,
Att: 4 Summons US Department of Justice