CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON v. U.S. DEPARTMENT OF JUSTICE
Federal Civil Lawsuit District Of Columbia District Court, Case No. 1:19-cv-01552-ABJ
District Judge Amy Berman Jackson, presiding

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Last Updated September 9, 2021 at 9:23 AM DT (2.3 weeks ago) Request Update Request UpdateSpaceE-Mail Alert Get E-Mail Alerts

No Logo Citizens for Responsibility and Ethics in Washington, Plaintiff

Toggle Switch Represented by Law Office of Richard D. Grossman

Name Phone Fax E-Mail
Space Anne L. Weismann +1 301 717 6610 weismann.anne@gmail.com
v.
United States Department of Justice United States Department of Justice, Defendant
Officially listed as "U.S. DEPARTMENT OF JUSTICE"

Toggle Switch Represented by United States Department of Justice

Name Phone Fax E-Mail
Space Julie Straus Harris +1 202 353 7633 +1 202 616 8460 julie.strausharris@usdoj.gov
Office Washington, DC
Filed 5/28/2019
Jury Demand None
Demand
Nature of Suit 895 - Freedom of Information Act
Cause Section 05 U.S.C. § 552 Freedom of Information Act
Jurisdiction U.S. Government Defendant
Disposition Dismissed - Lack of Jurisdiction
County 11001
Terminated
Origin 1
Reopened
Lead Case
None
Related Case
None
Other Court Case None
Defendant Custody Status
Flag TYPE I-FOIA
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Legal Document (Payment Possibly Required) 33 Filed: 5/25/2021, Entered: 5/25/2021 transmission of notice of appeal and docket sheet to USCA
Transmission of the Notice of Appeal, Order Appealed (Memorandum Opinion), and Docket Sheet to US Court of Appeals. The Court of Appeals docketing fee was not paid because the appeal was filed by the government re [31] Notice of Appeal to DC Circuit Court,. (zjf)
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    MINUTE ORDER. With its late night filing [32-1], the Department of Justice has complied with that portion of the Court's May 3, 2021 Order [26] calling for the disclosure of the first section of Document 15, which plainly reveals, as DOJ states for the first time in its [32] motion to stay, that after he received the Special Counsel's Report, the Attorney General was considering "electing" to opine on the question of whether the facts in the Special Counsel's Report would support a criminal prosecution, determining "what, if anything, to say to the public about that question" before releasing the Report to the public, and doing so with the understanding that any actual prosecution was constitutionally foreclosed. Plaintiff may submit any response to the defendant's motion to stay the disclosure of the remainder of the memorandum pending appeal by Friday, May 28, 2021. Signed by Judge Amy Berman Jackson on 5/25/21. (lcabj2)
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      MINUTE ORDER. It is ORDERED that the Clerk is directed to unseal the May 3, 2021 Memorandum Opinion [23] in its entirety. Signed by Judge Amy Berman Jackson on 5/25/21. (lcabj2)
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        Legal Document 32 Filed: 5/24/2021, Entered: 5/24/2021 Motion To Stay
        MOTION to Stay re [26] Order on Motion for Summary Judgment,,, Order on Motion to Dismiss/Lack of Jurisdiction,,,,,, Set/Reset Deadlines,, DEFENDANTS MOTION FOR A PARTIAL STAY PENDING APPEAL AND MEMORANDUM IN SUPPORT by U.S. DEPARTMENT OF JUSTICE. (Attachments: # (1) Exhibit A)(Straus Harris, Julie)
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        Legal Document (Payment Possibly Required) 31 Filed: 5/24/2021, Entered: 5/24/2021 Notice of Appeal to DC Circuit Court
        NOTICE OF APPEAL TO DC CIRCUIT COURT as to [27] Memorandum & Opinion, [26] Order on Motion for Summary Judgment,,, Order on Motion to Dismiss/Lack of Jurisdiction,,,,,, Set/Reset Deadlines,, by U.S. DEPARTMENT OF JUSTICE. Fee Status: No Fee Paid. Parties have been notified. (Straus Harris, Julie)
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          Legal Document (Payment Possibly Required) 30 Filed: 5/14/2021, Entered: 5/14/2021, Terminated: 5/14/2021 Motion for Extension of Time to
          MOTION for Extension of Time to Respond to Court Order by U.S. DEPARTMENT OF JUSTICE. (Attachments: # (1) Text of Proposed Order)(Shapiro, Elizabeth)
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            Legal Document (Payment Possibly Required) 29 Filed: 5/14/2021, Entered: 5/14/2021 Notice of appearance
            NOTICE of Appearance by Elizabeth J. Shapiro on behalf of U.S. DEPARTMENT OF JUSTICE (Shapiro, Elizabeth)
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              Blank  Order on Motion for Extension of Time to
              MINUTE ORDER granting defendant's [30] motion for extension of time. It is ORDERED that defendant must file any motion to stay by May 24, 2021. Signed by Judge Amy Berman Jackson on 5/14/21. (lcabj2)
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                Legal Document (Payment Possibly Required) 36 Filed: 9/9/2021, Entered: None Leave to File Denied
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                  Legal Document (Payment Possibly Required) 28 Filed: 5/13/2021, Entered: 5/13/2021 Notice of appearance
                  NOTICE of Appearance by Conor M. Shaw on behalf of CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON (Shaw, Conor)
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                    Legal Document (Payment Possibly Required) 35 Filed: 6/14/2021, Entered: None Order on Motion to Stay
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                      Legal Document 27 Filed: 5/3/2021, Entered: 5/3/2021 Memorandum and OpinionCourt Filing
                      REDACTED - PUBLIC MEMORANDUM OPINION. Signed by Judge Amy Berman Jackson on 5/3/21. (lcabj2) (Main Document 27 replaced on 5/4/2021) (ztnr).
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                        Legal Document (Payment Possibly Required) 34 Filed: 5/28/2021, Entered: None Memorandum in Opposition to Motion
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                          Legal Document (Payment Possibly Required) 26 Filed: 5/3/2021, Entered: 5/3/2021 Order on motion for summary judgmentCourt Filing
                          ORDER. It is ORDERED that defendant's [15] motion for summary judgment is GRANTED IN PART AND DENIED IN PART, and plaintiff's [17] cross motion for summary judgment is DENIED IN PART AND GRANTED IN PART. Judgment is entered in favor of defendant on Count One with respect to Document 6, and defendant must produce Document 15 to plaintiff. It is FURTHER ORDERED that defendant's [15] renewed motion to dismiss Count Two is GRANTED. Defendant must file any motion to stay by May 17, 2021, and it must inform the Court at that time of its position on whether the memorandum opinion can be unsealed in its entirety. See order for details. Signed by Judge Amy Berman Jackson on 5/3/21. (lcabj2)
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                            Legal Document (Payment Possibly Required) 23 Filed: 5/3/2021, Entered: 5/3/2021 Sealed Memorandum OpinionCourt Filing
                            UNSEALED PURSUANT TO MINUTE ORDER FILED 05/25/21.....MEMORANDUM OPINION (This document is SEALED and only available to authorized persons). Signed by Judge Amy Berman Jackson on 5/3/2021. (zjth) (Main Document 23 replaced on 5/4/2021) (zjth). Modified on 5/25/2021 unsealing this document (jth).
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                              Legal Document 22 Filed: 3/8/2021, Entered: 3/8/2021 Notice - other
                              NOTICE OF DELIVERY FOR IN CAMERA, EX PARTE INSPECTION by U.S. DEPARTMENT OF JUSTICE re Order,,, Set Deadlines,, (Straus Harris, Julie)
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                                Blank  Order
                                MINUTE ORDER. In order to assist the Court in making a responsible de novo determination, defendant is directed to deliver to chambers for in camera inspection, on or before March 8, 2021, the documents that remain in dispute in this case, specifically, the documents designated as Documents 6 (undated, untitled draft memorandum mentioned in the Colborn Declaration [15-3]) and 15 (March 24, 2019 Memorandum, found in redacted form as part of Exhibit A to the Brinkmann Declaration [15-4]). See Ray v. Turner, 587 F.2d 1187, 1195 (D.C. Cir. 1978). Signed by Judge Amy Berman Jackson on 3/1/21. (lcabj2)
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                                  Blank  Order
                                  MINUTE ORDER. In order to assist the Court in making a responsible de novo determination, defendant is directed to deliver to chambers for in camera inspection, on or before March 8, 2021, the documents that remain in dispute in this case, specifically, the documents designated as Documents 6 (undated, untitled draft memorandum mentioned in the Colborn Declaration [15-3]) and 15 (March 24, 2019 Memorandum, found in redacted form as part of Exhibit A to the Brinkmann Declaration [15-4]). See Ray v. Turner, 587 F.2d 1187, 1195 (D.C. Cir. 1978). Signed by Judge Amy Berman Jackson on 3/1/21. (lcabj2)
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                                    Legal Document 21 Filed: 10/20/2020, Entered: 10/20/2020 Reply to opposition to Motion
                                    REPLY to opposition to motion re [17] Cross MOTION for Summary Judgment filed by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON. (Weismann, Anne)
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                                      Legal Document (Payment Possibly Required) 20 Filed: 10/7/2020, Entered: 10/7/2020 Reply to opposition to Motion
                                      REPLY to opposition to motion re [15] MOTION for Summary Judgment MOTION to Dismiss for Lack of Jurisdiction (Renewed) filed by U.S. DEPARTMENT OF JUSTICE. (Attachments: # (1) Declaration (Second) of Paul P. Colborn)(Straus Harris, Julie)
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                                        Legal Document (Payment Possibly Required) 19 Filed: 10/7/2020, Entered: 10/7/2020 Memorandum in opposition
                                        Memorandum in opposition to re [17] Cross MOTION for Summary Judgment filed by U.S. DEPARTMENT OF JUSTICE. (Attachments: # (1) Declaration (Second) of Paul P. Colborn, # (2) Defendant's Response to Plaintiff's Statement of Material Facts Not in Dispute)(Straus Harris, Julie)
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                                          Blank  Order on Motion for Extension of Time to File Response / Reply
                                          MINUTE ORDER. In light of defendant's [18] Agreed Motion for an Enlargement of Time, it is ORDERED that defendant must file its opposition to plaintiff's cross-motion for summary judgment and reply in support of its motion for summary judgment by October 7, 2020, and plaintiff must file its reply in support of its cross-motion by October 21, 2020. SO ORDERED. Signed by Judge Amy Berman Jackson on 9/8/2020. (lcabj3)
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                                            Legal Document (Payment Possibly Required) 18 Filed: 9/3/2020, Entered: 9/3/2020, Terminated: 9/8/2020 motion for extension of time to file response/reply
                                            Consent MOTION for Extension of Time to File Response/Reply as to [15] MOTION for Summary Judgment MOTION to Dismiss for Lack of Jurisdiction (Renewed), [17] Cross MOTION for Summary Judgment by U.S. DEPARTMENT OF JUSTICE (Attachments: # (1) Text of Proposed Order)(Straus Harris, Julie)
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                                              Legal Document (Payment Possibly Required) 25 Filed: 5/3/2021, Entered: None Sealed Memorandum Opinion
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                                                Legal Document (Payment Possibly Required) 17 Filed: 9/2/2020, Entered: 9/2/2020, Terminated: 5/3/2021 Motion for summary judgment
                                                Cross MOTION for Summary Judgment by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON (Attachments: # (1) Memorandum in Support, # (2) Exhibit A, # (3) Statement of Facts, # (4) Text of Proposed Order)(Weismann, Anne)
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                                                  Legal Document (Payment Possibly Required) 24 Filed: 5/3/2021, Entered: None Sealed Memorandum Opinion
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                                                    Legal Document (Payment Possibly Required) 16 Filed: 9/2/2020, Entered: 9/2/2020 Memorandum in opposition
                                                    Memorandum in opposition to re [15] MOTION for Summary Judgment MOTION to Dismiss for Lack of Jurisdiction (Renewed) filed by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON. (Attachments: # (1) Exhibit A, # (2) Statement of Facts, # (3) Text of Proposed Order)(Weismann, Anne)
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                                                      Legal Document (Payment Possibly Required) 15 Filed: 8/12/2020, Entered: 8/12/2020, Terminated: 5/3/2021 Motion for summary judgment
                                                      MOTION for Summary Judgment , MOTION to Dismiss for Lack of Jurisdiction (Renewed) by U.S. DEPARTMENT OF JUSTICE (Attachments: # (1) Statement of Facts, # (2) Memorandum in Support, # (3) Declaration of Paul P. Colborn (with exhibits), # (4) Declaration of Vanessa R. Brinkmann (with exhibit), # (5) Text of Proposed Order)(Straus Harris, Julie)
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                                                        Blank  ***Set/Reset Deadlines
                                                        Set/Reset Deadlines: Summary judgment motion due by 8/12/2020; cross-motion and opposition to motion for summary judgment due by 9/2/2020; opposition to cross-motion and reply to opposition to motion for summary judgment due by 9/23/2020; reply to opposition to cross-motion due by 10/7/2020. (ztg)
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                                                          Blank  Order
                                                          MINUTE ORDER. In light of the parties' [14] joint status report, it is ORDERED that: 1) defendant's motion for summary judgment must be submitted by August 12, 2020; plaintiff's cross-motion and opposition must be submitted by September 2, 2020; defendant's cross-opposition and reply must be submitted by September 23, 2020; and plaintiff's cross-reply must be submitted by October 7, 2020. SO ORDERED. Signed by Judge Amy Berman Jackson on 7/2/2020. (lcabj3)
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                                                            Legal Document (Payment Possibly Required) 14 Filed: 6/24/2020, Entered: 6/24/2020 Status report
                                                            Joint STATUS REPORT and Proposed Scheduling Order by U.S. DEPARTMENT OF JUSTICE. (Attachments: # (1) Text of Proposed Order)(Straus Harris, Julie)
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                                                              Blank  Status Report/Order
                                                              MINUTE ORDER. In light of the parties' [13] joint status report, the parties must file another status report by June 24, 2020. SO ORDERED. Signed by Judge Amy Berman Jackson on 6/9/2020. (lcabj3)
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                                                                Legal Document (Payment Possibly Required) 13 Filed: 6/5/2020, Entered: 6/5/2020 Status report
                                                                Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Straus Harris, Julie)
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                                                                  Legal Document (Payment Possibly Required) 12 Filed: 3/20/2020, Entered: 3/20/2020 Status report
                                                                  Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Straus Harris, Julie)
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                                                                    Blank  Status Report/Order
                                                                    MINUTE ORDER. In light of the parties' [12] joint status report, the parties must submit another status report by June 5, 2020. SO ORDERED. Signed by Judge Amy Berman Jackson on 3/20/2020. (lcabj3)
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                                                                      Blank  ***Set/Reset Deadlines
                                                                      Set/Reset Deadlines: Defendant shall file a dispositive motion or, in the alternative, a report setting forth the schedule for the completion of its production of documents to plaintiff, on or before 3/20/2020. (jth)
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                                                                        Blank  Order
                                                                        MINUTE ORDER. Before the Court in this FOIA case are a complaint and an answer. The requirements of Local Civil Rule 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 for the completion of its production of documents to plaintiff, on or before March 20, 2020.SO ORDERED. Signed by Judge Amy Berman Jackson on 2/20/2020. (lcabj3)
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                                                                          Legal Document (Payment Possibly Required) 11 Filed: 2/14/2020, Entered: 2/14/2020 Answer to Complaint
                                                                          ANSWER to Complaint by U.S. DEPARTMENT OF JUSTICE.(Straus Harris, Julie)
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                                                                            Legal Document (Payment Possibly Required) 10 Filed: 1/31/2020, Entered: 1/31/2020 Memorandum and OpinionCourt Filing
                                                                            MEMORANDUM OPINION. Signed by Judge Amy Berman Jackson on 1/31/2020. (lcabj3)
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                                                                              Legal Document (Payment Possibly Required) 9 Filed: 1/31/2020, Entered: 1/31/2020 Order on Motion to DismissCourt Filing
                                                                              ORDER. Pursuant to Federal Rules of Civil Procedure 12 and 58, and for the reasons stated in the accompanying Memorandum Opinion, it is hereby ORDERED that defendant's Partial Motion to Dismiss [5] is DENIED. SO ORDERED. Signed by Judge Amy Berman Jackson on 1/31/2020. (lcabj3)
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                                                                                Legal Document (Payment Possibly Required) 8 Filed: 8/2/2019, Entered: 8/2/2019 Reply to opposition to Motion
                                                                                REPLY to opposition to motion re [5] Partial MOTION to Dismiss filed by U.S. DEPARTMENT OF JUSTICE. (Straus Harris, Julie)
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                                                                                  Blank  Order on Motion for Extension of Time to File Response / Reply
                                                                                  MINUTE ORDER granting [7] Defendant's Unopposed Motion for an Extension of Time. It is ORDERED that defendant shall file its reply in support of Defendant's Partial Motion to Dismiss by August 2, 2019. Signed by Judge Amy Berman Jackson on 7/25/19. (DMK)
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                                                                                    Legal Document (Payment Possibly Required) 7 Filed: 7/23/2019, Entered: 7/23/2019, Terminated: 7/25/2019 motion for extension of time to file response/reply
                                                                                    Unopposed MOTION for Extension of Time to File Response/Reply as to [5] Partial MOTION to Dismiss by U.S. DEPARTMENT OF JUSTICE (Attachments: # (1) Text of Proposed Order)(Straus Harris, Julie)
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                                                                                      Legal Document (Payment Possibly Required) 6 Filed: 7/19/2019, Entered: 7/19/2019 Memorandum in opposition
                                                                                      Memorandum in opposition to re [5] Partial MOTION to Dismiss filed by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON. (Attachments: # (1) Text of Proposed Order)(Weismann, Anne)
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                                                                                        Legal Document (Payment Possibly Required) 5 Filed: 7/8/2019, Entered: 7/8/2019, Terminated: 1/31/2020 Motion to Dismiss
                                                                                        Partial MOTION to Dismiss by U.S. DEPARTMENT OF JUSTICE (Attachments: # (1) Memorandum in Support, # (2) Exhibit 1, # (3) Exhibit 2, # (4) Exhibit 3, # (5) Text of Proposed Order)(Straus Harris, Julie)
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                                                                                          Legal Document (Payment Possibly Required) 4 Filed: 6/12/2019, Entered: 6/12/2019 Summons Returned Executed as to Federal Defendant
                                                                                          RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF JUSTICE served on 6/7/2019, RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 6/7/19., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 6/7/2019. ( Answer due for ALL FEDERAL DEFENDANTS by 7/7/2019.) (Weismann, Anne)
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                                                                                            Legal Document (Payment Possibly Required) 3 Filed: 5/31/2019, Entered: 5/31/2019 Summons Issued Electronically as to AUSA
                                                                                            SUMMONS (3) Issued Electronically as to U.S. DEPARTMENT OF JUSTICE, U.S. Attorney and U.S. Attorney General. (Attachments: # (1) Notice and Consent)(zef, )
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                                                                                              Legal Document (Payment Possibly Required) 2 Filed: 5/28/2019, Entered: 5/28/2019 LCvR 26.1 Certificate of Disclosure - Corporate Affiliations/Financial Interests
                                                                                              LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON (Weismann, Anne)
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                                                                                                Legal Document 1 Filed: 5/28/2019, Entered: 5/28/2019 Complaint
                                                                                                COMPLAINT against U.S. DEPARTMENT OF JUSTICE ( Filing fee $ 400 receipt number 0090-6147874) filed by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON. (Attachments: # (1) Civil Cover Sheet, # (2) Summons Department of Justice, # (3) Summons U.S. Attorney, # (4) Summons Attorney General)(Weismann, Anne)
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