U.S. District Court District of Columbia (Washington, DC) CIVIL DOCKET FOR CASE #: 1:18-cv-01854-ABJ

JUDICIAL WATCH, INC. v. U.S. DEPARTMENT OF Date Filed: 08/07/2018

JUSTICE

Jury Demand: None

Assigned to: Judge Amy Berman Jackson

Nature of Suit: 895 Freedom of

Cause: 05:552 Freedom of Information Act

Information Act

Jurisdiction: U.S. Government

Defendant

Plaintiff JUDICIAL WATCH, INC.

represented by Paul J. Orfanedes JUDICIAL WATCH, INC. 425 Third Street, SW Suite 800 Washington, DC 20024 (202) 646-5172 Fax: (202) 646-5199 Email: porfanedes@judicialwatch.org LEAD ATTORNEY ATTORNEY TO BE NOTICED

Ramona Raula Cotca JUDICIAL WATCH, INC. 425 Third Street, SW Suite 800 Washington, DC 20024 (202) 646-5172 Fax: (202) 646-5199 Email: rcotca@judicialwatch.org LEAD ATTORNEY ATTORNEY TO BE NOTICED

V.
Defendant
U.S. DEPARTMENT OF JUSTICE

represented by Michael Joseph Gerardi U.S. DEPARTMENT OF JUSTICE Civil Division, Federal Programs Branch 1100 L Street, NW

Washington, DC 20530 (202) 616-0680 Fax: (202) 616-8460 Email: michael.j.gerardi@usdoj.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 08/07/2018
08/07/2018 08/09/2018 08/10/2018 08/16/2018
09/13/2018 09/13/2018

# Docket Text

COMPLAINT against U.S. DEPARTMENT OF JUSTICE ( Filing

1

fee $ 400 receipt number 0090-5626473) filed by JUDICIAL

WATCH, INC.. (Attachments: # 1 Civil Cover Sheet, # 2 Summons

for U.S. Attorney for DC, # 3 Summons for U.S. Attorney General,

# 4 Summons for U.S. Department of Justice)(Cotca, Ramona)

(Entered: 08/07/2018)

2 LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by JUDICIAL WATCH, INC. (Cotca, Ramona) (Entered: 08/07/2018)

Case Assigned to Judge Amy Berman Jackson. (zsb) (Entered: 08/09/2018)

3 SUMMONS (3) Issued Electronically as to U.S. DEPARTMENT OF JUSTICE, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(zsb) (Entered: 08/10/2018)

4 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 8/14/2018. ( Answer due for ALL FEDERAL DEFENDANTS by 9/13/2018.), RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 08/14/2018., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF JUSTICE served on 8/14/2018 (Attachments: # 1 Declaration of Cristina Rotaru)(Cotca, Ramona) (Entered: 08/16/2018)

5 NOTICE of Appearance by Michael Joseph Gerardi on behalf of U.S. DEPARTMENT OF JUSTICE (Gerardi, Michael) (Entered: 09/13/2018)

6 ANSWER to Complaint by U.S. DEPARTMENT OF JUSTICE.(Gerardi, Michael) (Entered: 09/13/2018)

09/14/2018
10/12/2018 10/12/2018
10/18/2018 10/19/2018 10/30/2018 12/07/2018 12/10/2018 12/26/2018 12/28/2018

MINUTE ORDER. Before the Court in this FOIA case are a complaint and an answer. The requirements of LCvR 16.3 and Rule 26(f) of the Federal Rules of Civil Procedure appear to be inapplicable. Defendant shall file a dispositive motion or, in the alternative, a report setting forth the schedule according to which it will complete its production of documents to plaintiff on or before October 12, 2018. Signed by Judge Amy Berman Jackson on 09/14/2018. (lcabj3) (Entered: 09/14/2018)

Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE.

7

(Gerardi, Michael) (Entered: 10/12/2018)

MINUTE ORDER. In light of the parties' joint status report 7 , it is ORDERED that the parties shall file a further status report by October 19, 2018. Signed by Judge Amy Berman Jackson on 10/12/18. (DMK) (Entered: 10/12/2018)

Set/Reset Deadlines: Joint Status Report due by 10/19/2018. (tb) (Entered: 10/18/2018)

Joint STATUS REPORT (Second) by U.S. DEPARTMENT OF

8

JUSTICE. (Gerardi, Michael) (Entered: 10/19/2018)

MINUTE ORDER. The parties must submit an updated joint status report by December 7, 2018. SO ORDERED. Signed by Judge Amy Berman Jackson on 10/30/2018. (lcabj3) (Entered: 10/30/2018)

9 Joint STATUS REPORT by JUDICIAL WATCH, INC.. (Cotca, Ramona) (Entered: 12/07/2018)

MINUTE ORDER. The parties must submit an updated joint status report by January 21, 2019. SO ORDERED. Signed by Judge Amy Berman Jackson on 12/10/2018. (lcabj3) (Entered: 12/10/2018)

10 Unopposed MOTION to Stay Forthcoming Processing Deadlines In Light of a Lapse of Appropriations by U.S. DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Gerardi, Michael) (Entered: 12/26/2018)

MINUTE ORDER granting 10 Unopposed Motion to Stay. The government must file a notice within two days of the resumption of operations and it should include a proposed revised schedule if one is necessary. SO ORDERED. Signed by Judge Amy Berman Jackson on 12/28/2018. (lcabj3) (Entered: 12/28/2018)

01/29/2019

11 NOTICE BY DEFENDANT TO THE COURT OF RESTORATION OF APPROPRIATIONS by U.S. DEPARTMENT OF JUSTICE (Gerardi, Michael) (Entered: 01/29/2019)

01/30/2019

MINUTE ORDER. In light of the government's notice 11 , the stay in this case is hereby lifted and the parties must submit a joint status report with a proposed processing schedule by February 5, 2019. SO ORDERED. Signed by Judge Amy Berman Jackson on 01/30/2019. (lcabj3) (Entered: 01/30/2019)

02/05/2019

12 NOTICE of Appearance by Paul J. Orfanedes on behalf of JUDICIAL WATCH, INC. (Orfanedes, Paul) (Main Document 12 replaced on 2/5/2019) (zjf). (Entered: 02/05/2019)

02/05/2019

13 Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Gerardi, Michael) (Entered: 02/05/2019)

02/06/2019

MINUTE ORDER. The parties must submit a joint status report by March 15, 2019. SO ORDERED. Signed by Judge Amy Berman Jackson on 02/06/2019. (lcabj3) (Entered: 02/06/2019)

03/13/2019

14 Unopposed MOTION for Extension of Time to File Joint Status Report by U.S. DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Gerardi, Michael) (Entered: 03/13/2019)

03/15/2019

MINUTE ORDER granting 14 Unopposed Motion for Extension of Time. The parties must file a joint status report by March 19, 2019. SO ORDERED. Signed by Judge Amy Berman Jackson on 03/15/2019. (lcabj3) (Entered: 03/15/2019)

03/19/2019

15 Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Gerardi, Michael) (Entered: 03/19/2019)

03/22/2019

MINUTE ORDER. The parties must file an updated status report by April 10, 2019. SO ORDERED. Signed by Judge Amy Berman Jackson on 3/22/2019. (lcabj3) (Entered: 03/22/2019)

04/10/2019

16 Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Gerardi, Michael) (Entered: 04/10/2019)

04/16/2019

MINUTE ORDER. The parties must file an updated status report by May 10, 2019. SO ORDERED. Signed by Judge Amy Berman Jackson on 04/16/2019. (lcabj3) (Entered: 04/16/2019)

05/10/2019 17

Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Gerardi, Michael) (Entered: 05/10/2019)

05/13/2019 06/14/2019 06/17/2019 06/28/2019 06/28/2019
07/19/2019 07/23/2019 08/07/2019 08/08/2019
09/05/2019 09/10/2019

MINUTE ORDER. The parties must submit a joint status report by June 14, 2019. SO ORDERED. Signed by Judge Amy Berman Jackson on 05/13/2019. (lcabj3) (Entered: 05/13/2019)
18 Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Gerardi, Michael) (Entered: 06/14/2019)
MINUTE ORDER. The parties must submit an updated joint status report by July 15, 2019. SO ORDERED. Signed by Judge Amy Berman Jackson on 06/17/2019. (lcabj3) (Entered: 06/17/2019)
19 Unopposed MOTION for Extension of Time to Extend Deadline for Release of Records and File Joint Status Report by U.S. DEPARTMENT OF JUSTICE (Attachments: # 1 Proposed Order)(Gerardi, Michael) (Entered: 06/28/2019)
MINUTE ORDER. The Court grants the parties' 19 Consent Motion for Extension of Time to allow defendant to complete its final production by July 10, 2019, and to submit a joint status report by July 19, 2019. SO ORDERED. Signed by Judge Amy Berman Jackson on 06/28/2019. (lcabj3) (Entered: 06/28/2019)
20 Joint STATUS REPORT by JUDICIAL WATCH, INC.. (Cotca, Ramona) (Entered: 07/19/2019)
MINUTE ORDER. The parties must submit an updated joint status report by September 2, 2019. SO ORDERED. Signed by Judge Amy Berman Jackson on 07/23/2019. (lcabj3) (Entered: 07/23/2019)
21 Unopposed MOTION for Extension of Time to File Next Joint Status Report by U.S. DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Gerardi, Michael) (Entered: 08/07/2019)
MINUTE ORDER granting 21 Motion for Extension of Time. The parties must submit a joint status report by September 5, 2019. The September 2, 2019 deadline is hereby VACATED. SO ORDERED. Signed by Judge Amy Berman Jackson on 08/08/2019. (lcabj3) (Entered: 08/08/2019)
22 Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Gerardi, Michael) (Entered: 09/05/2019)
MINUTE ORDER. The parties must submit an updated joint status report by October 1, 2019. SO ORDERED. Signed by Judge Amy Berman Jackson on 09/10/2019. (lcabj3) (Entered: 09/10/2019)

10/01/2019 10/02/2019 11/01/2019 11/04/2019
12/04/2019 12/05/2019 01/08/2020 01/09/2020
02/07/2020 02/10/2020
03/06/2020 03/09/2020

23 Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Gerardi, Michael) (Entered: 10/01/2019)
MINUTE ORDER. The parties shall submit a joint status report on November 1, 2019. SO ORDERED. Signed by Judge Amy Berman Jackson on 10/2/2019. (lcabj3, ) (Entered: 10/02/2019)
24 Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Gerardi, Michael) (Entered: 11/01/2019)
MINUTE ORDER. Based on the parties' 24 joint status report, the parties shall submit another joint status report by December 4, 2019 to update the Court on the status of document production. SO ORDERED. Signed by Judge Amy Berman Jackson on 11/4/2019. (lcabj3) (Entered: 11/04/2019)
25 Joint STATUS REPORT by JUDICIAL WATCH, INC.. (Cotca, Ramona) (Entered: 12/04/2019)
MINUTE ORDER. The parties must submit another joint status report by January 8, 2020. SO ORDERED. Signed by Judge Amy Berman Jackson on 12/5/2019. (lcabj3) (Entered: 12/05/2019)
26 Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Gerardi, Michael) (Entered: 01/08/2020)
MINUTE ORDER. In light of the parties' 26 joint status report, the parties must submit another joint status report by February 7, 2020. SO ORDERED. Signed by Judge Amy Berman Jackson on 1/9/2020. (lcabj3) (Entered: 01/09/2020)
27 Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Gerardi, Michael) (Entered: 02/07/2020)
MINUTE ORDER. In light of the parties' 27 joint status report, the parties must file another status report by March 6, 2020. SO ORDERED. Signed by Judge Amy Berman Jackson on 2/10/2020. (lcabj3) (Entered: 02/10/2020)
28 Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Gerardi, Michael) (Entered: 03/06/2020)
MINUTE ORDER. In light of the parties' 28 joint status report, the parties must file another status report on April 8, 2020. SO ORDERED. Signed by Judge Amy Berman Jackson on 3/9/2020. (lcabj3) (Entered: 03/09/2020)

03/09/2020 04/08/2020 04/20/2020
05/27/2020 05/28/2020
06/26/2020 06/26/2020
07/24/2020 07/27/2020
08/28/2020 08/28/2020
09/11/2020 09/11/2020

Set/Reset Deadlines: Joint status report due by 4/8/2020. (tg) (Entered: 03/09/2020)
29 Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Gerardi, Michael) (Entered: 04/08/2020)
MINUTE ORDER. In light of the parties' 29 joint status report, the parties must submit another status report by May 27, 2020. SO ORDERED. Signed by Judge Amy Berman Jackson on 4/20/2020. (lcabj3) (Entered: 04/20/2020)
30 Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Gerardi, Michael) (Entered: 05/27/2020)
MINUTE ORDER. In light of the parties' 30 joint status report, the parties must submit another status report by June 26, 2020. SO ORDERED. Signed by Judge Amy Berman Jackson on 5/28/2020. (lcabj3) (Entered: 05/28/2020)
31 Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Gerardi, Michael) (Entered: 06/26/2020)
MINUTE ORDER. In light of the parties' 31 joint status report, the parties must submit another status report by July 24, 2020. SO ORDERED. Signed by Judge Amy Berman Jackson on 6/26/202. (lcabj3) (Entered: 06/26/2020)
32 Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Gerardi, Michael) (Entered: 07/24/2020)
MINUTE ORDER. In light of the parties' 32 joint status report, the parties must submit another status report by August 27, 2020. SO ORDERED. Signed by Judge Amy Berman Jackson on 7/27/2020. (lcabj3) (Entered: 07/27/2020)
33 Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Gerardi, Michael) (Entered: 08/28/2020)
MINUTE ORDER. In light of the parties 33 joint status report, the parties must submit another status report by September 11, 2020. SO ORDERED. Signed by Judge Amy Berman Jackson on 8/28/2020. (lcabj3) (Entered: 08/28/2020)
34 Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Gerardi, Michael) (Entered: 09/11/2020)
MINUTE ORDER. In light of the parties' 34 joint status report, the parties must submit another status report by December 11, 2020. SO

12/11/2020 35
12/14/2020

ORDERED. Signed by Judge Amy Berman Jackson on 9/11/2020. (lcabj3) (Entered: 09/11/2020)
Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Gerardi, Michael) (Entered: 12/11/2020)
MINUTE ORDER. In light of the parties' 35 joint status report, the parties must submit another status report by February 10, 2021. Signed by Judge Amy Berman Jackson on 12/14/20. (lcabj2) (Entered: 12/14/2020)

 
 Case 1:18-cv-01854-ABJ Document 35 Filed 12/11/20 Page 1 of 3

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

JUDICIAL WATCH, INC., Plaintiff,
v. U.S. DEPARTMENT OF JUSTICE,
Defendant.

)

)

)

)

)

)

Case No. 18-01854 (ABJ)

)

)

)

)

)

JOINT STATUS REPORT

The parties, by counsel and pursuant to this Court’s minute order of September 11, 2020,

provide the following status report to the Court:

1. At issue in this Freedom of Information Act (“FOIA”) lawsuit is Plaintiff Judicial

Watch, Inc.’s May 29, 2018 request to the Office of Information Policy (“OIP”), the Criminal

Division (“CRM”), and the Organized Crime Drug Enforcement Task Force (“OCDETF”), each

of which is a component of Defendant, the United States Department of Justice. This request

seeks the following records from January 2016 to the present:

a. All records from the Office of the Deputy Attorney General relating to Fusion GPS, Nellie Ohr and/or British national Christopher Steele, including but not limited to all records of communications about and with Fusion GPS officials, Nellie Ohr and Christopher Steele.

b. All records from the office of former Associate Deputy Attorney General Bruce G. Ohr relating to Fusion GPS, Nellie Ohr and/or British national Christopher Steele, including but not limited to all records of communications (including those of former Associate Deputy Attorney General Ohr) about and with Fusion GPS officials, Nellie Ohr and Christopher Steele.

c. All records from the office of the Director of the Organized Crime Drug Enforcement Task Force relating to Fusion GPS, Nellie Ohr and/or British national Christopher Steele, including but not limited to

Case 1:18-cv-01854-ABJ Document 35 Filed 12/11/20 Page 2 of 3

all records of communications (including those of former OCDETF Director Bruce Ohr) about and with Fusion GPS officials, Nellie Ohr and Christopher Steele. 2. On March 20, 2020, OIP made its fourteenth interim release responsive to Plaintiff’s request. OIP completed processing an additional 1,195 pages containing records responsive to Plaintiff’s requests, and released 196 of those pages. 3. Towards the end of OIP’s review process for the remaining potentially responsive classified records it has collected to date in response to Plaintiff’s request (which currently stands at approximately 1600 pages of potentially responsive records), OIP discovered possible leads for other potentially responsive documents that previously conducted searches may not have captured. OIP will send all potentially responsive records out for consultation once these supplemental searches are completed and the results have been processed by OIP. OIP anticipates that it will be in a position to send records out for consultation on January 29, 2021. In light of these circumstances, the parties will submit a further joint status report on February 10, 2021, at which point the parties anticipate they will be able to provide the Court with an estimated date for the completion of consultation and the release of the remaining records to Plaintiff.

Respectfully submitted,
/s/Ramona R. Cotca Ramona R. Cotca (D.C. Bar No. 501159) JUDICIAL WATCH, INC. 425 Third Street S.W., Suite 800 Washington, DC 20024 Tel.: (202) 646-5172, ext. 328 Fax: (202) 646-5199 Email: rcotca@judicialwatch.org

December 11, 2020
JEFFREY BOSSERT CLARK Acting Assistant Attorney General
ELIZABETH J. SHAPIRO Deputy Branch Director
/s/ Michael J. Gerardi Michael J. Gerardi (D.C. Bar No. 1017949) Trial Attorney United States Department of Justice

2

Case 1:18-cv-01854-ABJ Document 35 Filed 12/11/20 Page 3 of 3

Counsel for Plaintiff

Civil Division, Federal Programs Branch 1100 L St. NW, Rm. #12212 Washington, D.C. 20005 Tel: (202) 616-0680 Fax: (202) 616-8460 E-mail: michael.j.gerardi@usdoj.gov
Attorneys for Defendant

3

 
 Case 1:18-cv-01854-ABJ Document 8 Filed 10/19/18 Page 1 of 4

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

JUDICIAL WATCH, INC., Plaintiff,
v. U.S. DEPARTMENT OF JUSTICE,
Defendant.

)

)

)

)

)

)

Case No. 18-01854 (ABJ)

)

)

)

)

)

JOINT STATUS REPORT (SECOND)

The parties, by counsel and pursuant to this Court’s order of October 12, 2018,

respectfully submit this joint status report:

1. At issue in this Freedom of Information Act (FOIA) lawsuit is Plaintiff Judicial

Watch, Inc.’s May 29, 2018 request for the following records. This request seeks the following

records from January 2016 to the present:

a. All records from the Office of the Deputy Attorney General relating to Fusion GPS, Nellie Ohr and/or British national Christopher Steele, including but not limted to all records of communications about and with Fusion GPS officials, Nellie Ohr and Christopher Steele.

b. All records from the office of former Associate Deputy Attorney General Bruce G. Ohr relating to Fusion GPS, Nellie Ohr and/or British national Christopher Steele, including but not limited to all records of communications (including those of former Associate Deputy Attorney General Ohr) about and with Fusion GPS officials, Nellie Ohr and Christopher Steele.

c. All records from the office of the Director of the Organized Crime Drug Enforcement Task Force relating to Fusion GPS, Nellie Ohr and/or British national Christopher Steele, including but not limited to all records of communications (including those of former OCDETF Director Bruce Ohr) about and with Fusion GPS officials, Nellie Ohr and Christopher Steele.

Case 1:18-cv-01854-ABJ Document 8 Filed 10/19/18 Page 2 of 4
This request seeks the following records from January 2016 to the present. 2. Defendant determined that the records Plaintiff seeks are reasonably expected to be within the Office of Information Policy (“OIP”), the Criminal Division (“CRM”), and the Organized Crime Drug Enforcement Task Force (“OCDETF”), all components of Defendant, the United States Department of Justice. 3. Plaintiff filed its complaint on August 7, 2018. Defendant answered on September 13, 2018. The parties have met and conferred regarding a schedule by which each Defendant component will make its production of any non-exempt portions of responsive records subject to the FOIA. 4. With respect to part (a), OIP has identified twelve custodians in the Office of the Deputy Attorney General (“DAG”),1 including Mr. Ohr, who are reasonably likely to have records potentially responsive to Plaintiff’s request. In light of OIP’s current backlog of FOIA cases, OIP estimates it will take at least six months to complete this search without displacing other equally meritorious FOIA requests received by OIP from other requesters. Plaintiff recognizes that Defendant will undertake other searches and document productions during this time in response to parts (b) and (c) of Plaintiff’s FOIA request as set forth below and therefore, Plaintiff requests, and the parties agree, that Defendant will provide an update on the search in response part (a) of the request with the parties’ next joint status report. 5. With respect to part (b) of Plaintiff’s request, Defendant states the request overlaps in part with a previous request that Plaintiff made to OIP. OIP conducted a search in
1 OIP’s Initial Request Staff is responsible for processing FOIA requests for records within OIP and from six senior leadership offices of the Department of Justice, specifically the Offices of the Attorney General (OAG), the Deputy Attorney General (ODAG), and the Associate Attorney General (OASG), and the Offices of Legislative Affairs (OLA), Legal Policy (OLP), and Public Affairs (PAO).
2

Case 1:18-cv-01854-ABJ Document 8 Filed 10/19/18 Page 3 of 4

response to that previous request and is now reviewing the results of that search to assess responsiveness as to the present request. CRM is also in the process of conducting a search in response to Part (b), and this search is ongoing. Both OIP and CRM request an additional month to complete these tasks, after which time they will each propose a processing schedule as appropriate.
6. With respect to part (c), OCDETF has completed its search for potentially responsive records, and is currently reviewing and seeking consultations on approximately 1,500 pages of potentially responsive records. OCDETF will make its initial response to Plaintiff’s request on December 1, 2018, with monthly rolling responses to follow, if necessary.
7. The parties submit that they will file a joint status report by December 7, 2018 to update the Court on the progress of the case and any recommendations for further proceedings, as appropriate.

Respectfully submitted,
/s/Ramona R. Cotca Ramona R. Cotca (D.C. Bar No. 501159) JUDICIAL WATCH, INC. 425 Third Street S.W., Suite 800 Washington, DC 20024 (202) 646-5172 rcotca@judicialwatch.org
Counsel for Plaintiff

October 19, 2018
CHAD READLER Principal Deputy Assistant Attorney General
ELIZABETH J. SHAPIRO Deputy Branch Director
/s/ Michael J. Gerardi Michael J. Gerardi (D.C. Bar No. 1017949) Trial Attorney United States Department of Justice Civil Division, Federal Programs Branch 1100 L St. NW, Room 12212 Washington, DC 20005 Tel: (202) 616-0680 Fax: (202) 616-8460 E-mail: michael.j.gerardi@usdoj.gov
Counsel for Defendant

3

Case 1:18-cv-01854-ABJ Document 8 Filed 10/19/18 Page 4 of 4 4

 
 Case 1:18-cv-01854-ABJ Document 1 Filed 08/07/18 Page 1 of 5

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

JUDICIAL WATCH, INC.,

)

425 Third Street, S.W., Suite 800

)

Washington, DC 20024,

)

)

Plaintiff,

)

)

v.

)

)

U.S. DEPARTMENT OF JUSTICE,

)

950 Pennsylvania Avenue, N.W.

)

Washington, DC 20530-0001,

)

)

Defendant.

)

____________________________________)

Civil Action No.

COMPLAINT

Plaintiff Judicial Watch, Inc. (“Plaintiff”) brings this action against Defendant U.S.

Department of Justice (“Defendant”) to compel compliance with the Freedom of Information

Act, 5 U.S.C. § 552 (“FOIA”). As grounds therefor, Plaintiff alleges as follows:

JURISDICTION AND VENUE

1. The Court has jurisdiction over this action pursuant to 5 U.S.C. § 552(a)(4)(B)

and 28 U.S.C. § 1331.

2. Venue is proper in this district pursuant to 28 U.S.C. § 1391(e).

PARTIES

3. Plaintiff Judicial Watch, Inc. is a not-for-profit, educational organization

incorporated under the laws of the District of Columbia and headquartered at 425 Third Street

SW, Suite 800, Washington, DC 20024. Plaintiff seeks to promote transparency, accountability,

and integrity in government and fidelity to the rule of law. As part of its mission, Plaintiff

regularly requests records from federal agencies pursuant to FOIA. Plaintiff analyzes the

Case 1:18-cv-01854-ABJ Document 1 Filed 08/07/18 Page 2 of 5
responses and disseminates its findings and the requested records to the American public to
inform them about “what their government is up to.”
4. Defendant U.S. Department of Justice is an agency of the United States
Government. Defendant has possession, custody, and control of records to which Plaintiff seeks
access. Defendant is headquartered at 950 Pennsylvania Avenue, NW, Washington, DC 20530-
0001.
STATEMENT OF FACTS
5. On May 29, 2018, Plaintiff submitted a FOIA request to Defendant by certified
mail, seeking copies of:
a) All records from the Office of the Deputy Attorney General relating to Fusion GPS, Nellie Ohr and/or British national Christopher Steele, including but not limited to all records of communications about and with Fusion GPS officials, Nellie Ohr and Christopher Steele.
b) All records from the office of former Associate Deputy Attorney General Bruce G. Ohr relating to Fusion GPS, Nellie Ohr and/or British national Christopher Steele, including but not limited to all records of communications (including those of former Associate Deputy Attorney General Ohr) about and with Fusion GPS officials, Nellie Ohr and Christopher Steele.
c) All records from the office of the Director of the Organized Crime Drug Enforcement Task Force relating to Fusion GPS, Nellie Ohr and/or British national Christopher Steele, including but not limited to all records of communications (including those of former OCDETF Director Bruce Ohr) about and with Fusion GPS officials, Nellie Ohr and Christopher Steele.
The time frame for the requested records is January 2016 to the present.
6. By separate e-mail and letter dated June 7, 2018, Defendant acknowledged
receiving Plaintiff’s FOIA request on June 7, 2018 and assigned it Tracking Number DOJ-2018-
005947. The letter identified the DOJ components most likely to have the requested records as
FOIA/PA, Office of Information Policy for the Department of Justice and FOIA/PA, Executive
Office for Organized Crime Drug Enforcement Task Forces.
- 2 -

Case 1:18-cv-01854-ABJ Document 1 Filed 08/07/18 Page 3 of 5
7. On July 5, 2018, the Office of Information Policy for the Department of Justice responded by letter on behalf of the Office of the Deputy Attorney General in which it acknowledged receipt of Plaintiff’s FOIA request on June 7, 2018. The Office of the Deputy Attorney General also represented, in part, that it would need beyond the ten additional days provided by FOIA to respond to Plaintiff’s FOIA request. To date, Plaintiff has not received any other communication from the Office of the Deputy Attorney General regarding the status of Plaintiff’s FOIA request.
8. Additionally, the Executive Office for the Organized Crime Drug Enforcement Task Forces responded by letter dated July 16, 2018 in which it acknowledged receipt of Plaintiff’s FOIA request on June 7, 2018 and advised Plaintiff that the request had been assigned number FOIA-OCD2018-0029.
9. Pursuant to 5 U.S.C. § 552(a)(6)(A)(i), the Defendant was required to determine whether to comply with Plaintiff’s request within (20) working days after its receipt of the request and to notify Plaintiff immediately of its determination, the records thereof, and the right to appeal any adverse determination. Defendant’s determination was due by July 20, 2018 with the additional ten days. 5 U.S.C. § 552(a)(4)(A)(viii)(II)(aa).
10. As of the date of this Complaint, Defendant has failed to: (i) produce the requested records or demonstrate that the requested records are lawfully exempt from production; (ii) notify Plaintiff of the scope of any responsive records Defendant intends to produce or withhold and the reasons for any withholdings; or (iii) inform Plaintiff that it may appeal any adequately specific, adverse determination.
COUNT I (Violation of FOIA, 5 U.S.C. § 552) 11. Plaintiff realleges paragraphs 1 through 10 as if fully stated herein.
- 3 -

Case 1:18-cv-01854-ABJ Document 1 Filed 08/07/18 Page 4 of 5
12. Plaintiff is being irreparably harmed by Defendant’s violation of FOIA, and Plaintiff will continue to be irreparably harmed unless Defendant is compelled to comply with FOIA.
13. To trigger FOIA’s administrative exhaustion requirement, Defendant was required to determine whether to comply with Plaintiff’s request within the time limits set by FOIA. Accordingly, Defendant’s determination was due on or about July 20, 2018. By this date, Defendant was obligated to: (i) gather and review the requested documents; (ii) determine and communicate to Plaintiff the scope of any responsive records Defendant intended to produce or withhold and the reasons for any withholdings; and (iii) inform Plaintiff that it may appeal any adequately specific, adverse determination. See, e.g., Citizens for Responsibility and Ethics in Washington v. Federal Election Commission, 711 F.3d 180, 188-89 (D.C. Cir. 2013).
14. Because Defendant failed to determine whether to comply with Plaintiff’s request within the time required by FOIA, Plaintiff is deemed to have exhausted its administrative appeal remedies. 5 U.S.C. § 552(a)(6)(C)(i).
WHEREFORE, Plaintiff respectfully requests that the Court: (1) order Defendant to conduct a search for any and all records responsive to Plaintiff’s FOIA request and demonstrate that it employed search methods reasonably likely to lead to the discovery of records responsive to Plaintiff’s FOIA request; (2) order Defendant to produce, by a date certain, any and all nonexempt records responsive to Plaintiff’s FOIA request and a Vaughn index of any responsive records withheld under claim of exemption; (3) enjoin Defendant from continuing to withhold any and all non-exempt records responsive to Plaintiff’s FOIA request; (4) grant Plaintiff an award of attorneys’ fees and other litigation costs reasonably incurred in this action pursuant to
- 4 -

Case 1:18-cv-01854-ABJ Document 1 Filed 08/07/18 Page 5 of 5

5 U.S.C. § 552(a)(4)(E); and (5) grant Plaintiff such other relief as the Court deems just and

proper.

Dated: August 7, 2018

Respectfully submitted,

/s/ Ramona R. Cotca Ramona R. Cotca (D.C. Bar No. 501159) JUDICIAL WATCH, INC. 425 Third Street S.W., Suite 800 Washington, DC 20024 (202) 646-5172 rcotca@judicialwatch.org

Counsel for Plaintiff

- 5 -