AMERICAN OVERSIGHT v. U.S. DEPARTMENT OF STATE
Federal Civil Lawsuit District Of Columbia District Court, Case No. 1:19-cv-02934-CRC
District Judge Christopher R. Cooper, presiding

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Last Updated September 22, 2021 at 12:38 PM DT (3.1 days ago) Request Update Request UpdateSpaceE-Mail Alert Get E-Mail Alerts

No Logo American Oversight, Plaintiff

Toggle Switch Represented by American Oversight

Name Phone Fax E-Mail
Space Sara Kaiser Creighton +1 202 869 5246 sara.creighton@americanoversight.org
Space Daniel Alexander McGrath +1 202 897 4213 daniel.mcgrath@americanoversight.org
v.
United States Department of State United States Department of State, Defendant
Officially listed as "U.S. DEPARTMENT OF STATE"

Toggle Switch Represented by Unknown Firm

Name Phone Fax E-Mail
Space Joshua Charles Abbuhl +1 202 616 8366 joshua.abbuhl@usdoj.gov

Toggle Switch Represented by United States Department of Justice

Name Phone Fax E-Mail
Space Elizabeth J. Shapiro +1 202 514 5302 +1 202 616 8470 Elizabeth.Shapiro@usdoj.gov
Office Washington, DC
Filed 10/1/2019
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
County 11001
Terminated
Origin 1
Reopened
Lead Case
None
Related Case
119-cv-03058-CRC
Other Court Case None
Defendant Custody Status
Flag TYPE I-FOIA
  Entries (61) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Blank  ***Set/Reset Deadlines
Set/Reset Deadlines: Joint Status Report due by 3/26/2020. (nbn)
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    Blank  Order
    MINUTE ORDER: In light of [27] Joint Status Report, the parties are hereby ORDERED to file a further Joint Status Report on or before March 26, 2020. Signed by Judge Christopher R. Cooper on 01/15/2020. (lccrc3)
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      Legal Document (Payment Possibly Required) 27 Filed: 1/14/2020, Entered: 1/14/2020 Status report
      Joint STATUS REPORT by U.S. DEPARTMENT OF STATE. (Abbuhl, Joshua)
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        MINUTE ORDER: In light of [26] Joint Status Report, it is hereby ORDERED that the parties shall file a further Joint Status Report by Tuesday, January 14, 2020. Signed by Judge Christopher R. Cooper on 01/13/2020. (lccrc3)
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          Legal Document (Payment Possibly Required) 26 Filed: 1/10/2020, Entered: 1/10/2020 Status report
          Joint STATUS REPORT by U.S. DEPARTMENT OF STATE. (Abbuhl, Joshua)
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            Set/Reset Deadlines: Joint Status Report due by 1/10/2020 (lsj)
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              Legal Document (Payment Possibly Required) 41 Filed: 9/22/2021, Entered: None Notice of Appearance
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                MINUTE ORDER: It is hereby ORDERED that the parties shall file a further Joint Status Report by Friday, January 10, 2020. Signed by Judge Christopher R. Cooper on 12/16/2019. (lccrc3)
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                  Legal Document (Payment Possibly Required) 40 Filed: 8/25/2021, Entered: None Appear Pro Hac Vice
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                    MINUTE ORDER: Pending receipt of the State Department's [25] sworn declaration describing its expedited search, the Court deferred ruling at the December 3, 2019 Hearing on two outstanding disputes between the parties described in their [19] Joint Status Report. Having now reviewed that declaration, the Court finds that the Department has not adequately justified why its Executive Secretariat used a cut-off date of August 2, 2019 in conducting the searches of the Department's highest offices. First, it has not explained what the "exploratory" searches purportedly conducted on that date entailed or how those searches complied with the Department's obligation under FOIA to search for records created up to the date of its search. Second, an August 2nd search cut off appears inconsistent with the fact that Plaintiff did not seek expedited processing until September 20, 2019, with government counsel's representation on October 17, 2019 that State was "still crafting a general search strategy," Teleconference Tr. at 4, counsel's representation on October 23, 2019 that State was "doing all these searches since last week," P.I. Mot. Hr'g Tr. at 20, and with other Department components' use of October 18th as the cut-off date, see Stein Decl. paras. 39, 42, 46, 49. As a result, the Court hereby ORDERS the State Department to supplement the expedited portion of the search using at least October 18, 2019 as the cut-off date for all components conducting the search. It is further ORDERED that State shall produce all non-exempt responsive documents on or before January 8, 2020. In light of this ruling, the Court declines at this time to order expedited processing of the other records sought to be prioritized by Plaintiff, namely (1) informal records reflecting the contents of the President's July 25, 2019 call and (2) communications with two named State Department officials. Signed by Judge Christopher R. Cooper on 12/13/2019. (lccrc3)
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                      Legal Document (Payment Possibly Required) 39 Filed: 7/15/2021, Entered: None Status Report
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                        Legal Document (Payment Possibly Required) 25 Filed: 12/11/2019, Entered: 12/11/2019 Notice - other
                        NOTICE of Filing of Search Declaration by U.S. DEPARTMENT OF STATE (Attachments: # (1) Exhibit Declaration of Eric Stein)(Abbuhl, Joshua)
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                          Legal Document (Payment Possibly Required) 38 Filed: 6/30/2021, Entered: None Notice of Withdrawal of Appearance
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                            Set/Reset Deadlines: Declaration due by 12/11/2019. (lsj)
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                              Legal Document (Payment Possibly Required) 37 Filed: 4/29/2021, Entered: None Notice of Withdrawal of Appearance
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                                Legal Document (Payment Possibly Required) 24 Filed: 12/9/2019, Entered: 12/9/2019 Response to motion
                                RESPONSE re [23] Unopposed MOTION for Extension of Time to file draft search declaration filed by AMERICAN OVERSIGHT. (McGrath, Daniel)
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                                  Legal Document (Payment Possibly Required) 36 Filed: 4/29/2021, Entered: None Notice of Appearance
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                                    Legal Document (Payment Possibly Required) 23 Filed: 12/9/2019, Entered: 12/9/2019, Terminated: 12/9/2019 Motion for Extension of Time to
                                    Unopposed MOTION for Extension of Time to file draft search declaration by U.S. DEPARTMENT OF STATE (Abbuhl, Joshua)
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                                      Legal Document (Payment Possibly Required) 35 Filed: 4/29/2021, Entered: None Status Report
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                                        Blank  Order on Motion for Extension of Time to
                                        MINUTE ORDER granting [23] Motion for Extension of Time to File Search Declaration. The Declaration shall be filed on or before Wednesday, December 11, 2019. Signed by Judge Christopher R. Cooper on 12/9/2019. (lccrc3)
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                                          Legal Document (Payment Possibly Required) 34 Filed: 2/5/2021, Entered: None Status Report
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                                            Legal Document (Payment Possibly Required) 22 Filed: 12/4/2019, Entered: 12/4/2019 transcriptCourt Filing
                                            TRANSCRIPT OF STATUS HEARING before Judge Christopher R. Cooper held on December 3, 2019; Page Numbers: 1-23. Date of Issuance:December 4, 2019. Court Reporter/Transcriber Lisa A. Moreira, RDR, CRR, Telephone number (202) 354-3187, Transcripts may be ordered by submitting the Transcript Order FormFor the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court 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 12/25/2019. Redacted Transcript Deadline set for 1/4/2020. Release of Transcript Restriction set for 3/3/2020.(Moreira, Lisa)
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                                              Legal Document (Payment Possibly Required) 33 Filed: 10/29/2020, Entered: None Status Report
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                                                Blank  Status Conference
                                                Minute Entry for proceedings held before Judge Christopher R. Cooper: Status Conference held on 12/3/2019. (Court Reporter Lisa Moreira.) (hmc)
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                                                  Legal Document (Payment Possibly Required) 32 Filed: 9/16/2020, Entered: None Status Report
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                                                    Blank  Order
                                                    MINUTE ORDER: Defendant is hereby ORDERED to file the State Department's search declaration with the Court on or before December 9, 2019. The Court will take the parties' current requests under advisement pending review of the declaration. Signed by Judge Christopher R. Cooper on 12/3/2019. (lccrc3)
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                                                      Legal Document (Payment Possibly Required) 31 Filed: 7/21/2020, Entered: None Status Report
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                                                        Set/Reset Hearings: Status Conference set for 12/3/2019 at 11:30 AM in Courtroom 27A before Judge Christopher R. Cooper. (lsj)
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                                                          Legal Document (Payment Possibly Required) 30 Filed: 5/14/2020, Entered: None Status Report
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                                                            Blank  Order on Motion for Hearing
                                                            MINUTE ORDER granting the Government's [21] Consent Motion to Reschedule Hearing. It is hereby ORDERED that the December 3, 2019 Status Conference shall be held at 11:30AM in Courtroom 27A. Signed by Judge Christopher R. Cooper on 12/2/2019. (lccrc3)
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                                                              Legal Document (Payment Possibly Required) 29 Filed: 4/2/2020, Entered: None Status Report
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                                                                Legal Document (Payment Possibly Required) 21 Filed: 11/27/2019, Entered: 11/27/2019, Terminated: 12/2/2019 Motion to Continue
                                                                Consent MOTION to Continue Hearing to be Rescheduled by U.S. DEPARTMENT OF STATE (Shapiro, Elizabeth) Modified event title on 12/2/2019 (znmw).
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                                                                  Legal Document (Payment Possibly Required) 28 Filed: 3/26/2020, Entered: None Status Report
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                                                                    Blank  Order
                                                                    MINUTE ORDER: It is hereby ORDERED that the parties shall appear for a Status Conference on Tuesday, December 3, 2019 at 10AM in Courtroom 27A. The parties should be prepared to discuss the issues raised in their [19] November 25 Joint Status Report. Signed by Judge Christopher R. Cooper on 11/27/2019. (lccrc3) Modified to amend year on 12/2/2019 (lsj).
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                                                                      Legal Document (Payment Possibly Required) 20 Filed: 11/26/2019, Entered: 11/26/2019 motion to amend/correct
                                                                      Unopposed MOTION to Amend/Correct Complaint by AMERICAN OVERSIGHT (Attachments: # (1) Proposed Amended Complaint)(McGrath, Daniel)
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                                                                        Legal Document (Payment Possibly Required) 19 Filed: 11/25/2019, Entered: 11/26/2019 Status report
                                                                        Joint STATUS REPORT by U.S. DEPARTMENT OF STATE. (Abbuhl, Joshua) Modified date filed due to technical cmecf issues on 11/26/2019 (ztd).
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                                                                          Legal Document (Payment Possibly Required) 18 Filed: 11/4/2019, Entered: 11/4/2019 Answer
                                                                          ANSWER to Complaint by U.S. DEPARTMENT OF STATE.(Abbuhl, Joshua)
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                                                                            Legal Document 17 Filed: 11/1/2019, Entered: 11/1/2019 OrderCourt Filing
                                                                            OPINION and ORDER re: [16] Joint Status Report. See full Order for details. Signed by Judge Christopher R. Cooper on 11/1/2019. (lccrc3) Modified on 11/1/2019 (lsj).
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                                                                              Legal Document 16 Filed: 10/30/2019, Entered: 10/30/2019 Status report
                                                                              Joint STATUS REPORT by U.S. DEPARTMENT OF STATE. (Abbuhl, Joshua)
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                                                                                Legal Document (Payment Possibly Required) 15 Filed: 10/25/2019, Entered: 10/25/2019 Order on Motion for Preliminary InjunctionCourt Filing
                                                                                ORDER granting in part [4] Plaintiff's Motion for Preliminary Injunction. See full Order for details. Signed by Judge Christopher R. Cooper on 10/25/2019. (lccrc3)
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                                                                                  Legal Document (Payment Possibly Required) 14 Filed: 10/25/2019, Entered: 10/25/2019 Summons Returned Executed in FOIA as to U.S. Attorney
                                                                                  RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 10/4/2019. ( Answer due for ALL FEDERAL DEFENDANTS by 11/3/2019.), RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 10/10/2019., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF STATE served on 10/10/2019 (Attachments: # (1) Declaration)(McGrath, Daniel)
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                                                                                    Legal Document (Payment Possibly Required) 13 Filed: 10/25/2019, Entered: 10/25/2019 transcriptCourt Filing
                                                                                    TRANSCRIPT OF MOTION HEARING before Judge Christopher R. Cooper held on October 23, 2019; Page Numbers: 1-34. Date of Issuance:October 25, 2019. Court Reporter/Transcriber Lisa A. Moreira, RDR, CRR, Telephone number (202) 354-3187, Transcripts may be ordered by submitting the Transcript Order FormFor the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court 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 11/15/2019. Redacted Transcript Deadline set for 11/25/2019. Release of Transcript Restriction set for 1/23/2020.(Moreira, Lisa)
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                                                                                      Blank  ***Set/Reset Deadlines
                                                                                      Set/Reset Deadlines: Meet & Confer Statement (Joint Status Report) due by 10/30/2019. Further Joint Status Report due by 11/25/2019. (lsj)
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                                                                                        Set/Reset Deadlines: Meet & Confer Statement (Joint Status Report) due by 10/30/2019. Further Joint Status Report due by 11/25/2019. (lsj)
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                                                                                          Legal Document 12 Filed: 10/24/2019, Entered: 10/24/2019 Notice of Related Case
                                                                                          NOTICE OF RELATED CASE by U.S. DEPARTMENT OF STATE. Case related to Case No. 19-cv-3058. (Abbuhl, Joshua)
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                                                                                            Legal Document 11 Filed: 10/23/2019, Entered: 10/23/2019 Sur-Reply
                                                                                            SURREPLY to re [4] MOTION for Preliminary Injunction filed by U.S. DEPARTMENT OF STATE. (Abbuhl, Joshua) Modified on 10/23/2019 (ztd). Modified on 11/18/2019 to reinstate document (jf).
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                                                                                              Blank  Notice of QC
                                                                                              ENTERED IN ERROR DOCUMENT REINSTATED.....NOTICE OF ERROR re [11] Surreply; emailed to joshua.abbuhl@usdoj.gov, cc'd 4 associated attorneys -- The PDF file you docketed contained errors: 1. You must file a Motion for Leave to file a Surreply. The surreply must be attached as an exhibit to the motion. (ztd, ) Modified on 11/18/2019 (jf).
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                                                                                                Blank  Motion Hearing
                                                                                                Minute Entry for Motion Hearing held before Judge Christopher R. Cooper on 10/23/2019. Oral arguments submitted on Plaintiff's Motion [4] for Preliminary Injunction. Forthcoming Order. (Court Reporter: Lisa Moreira) (lsj)
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                                                                                                  Legal Document (Payment Possibly Required) 10 Filed: 10/22/2019, Entered: 10/22/2019 Notice of appearance
                                                                                                  NOTICE of Appearance by Elizabeth J. Shapiro on behalf of U.S. DEPARTMENT OF STATE (Shapiro, Elizabeth)
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                                                                                                    Legal Document (Payment Possibly Required) 9 Filed: 10/18/2019, Entered: 10/18/2019 Reply to opposition to Motion
                                                                                                    REPLY to opposition to motion re [4] MOTION for Preliminary Injunction filed by AMERICAN OVERSIGHT. (McGrath, Daniel)
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                                                                                                      Legal Document (Payment Possibly Required) 8 Filed: 10/18/2019, Entered: 10/18/2019 transcriptCourt Filing
                                                                                                      TRANSCRIPT OF TELEPHONE CONFERENCE before Judge Christopher R. Cooper held on October 17, 2019; Page Numbers: 1-7. Date of Issuance:October 18, 2019. Court Reporter/Transcriber Lisa A. Moreira, RDR, CRR, Telephone number (202) 354-3187, Transcripts may be ordered by submitting the Transcript Order FormFor the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court 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 11/8/2019. Redacted Transcript Deadline set for 11/18/2019. Release of Transcript Restriction set for 1/16/2020.(Moreira, Lisa)
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                                                                                                        Legal Document (Payment Possibly Required) 7 Filed: 10/17/2019, Entered: 10/17/2019 Notice of appearance
                                                                                                        NOTICE of Appearance by Sara Kaiser Creighton on behalf of AMERICAN OVERSIGHT (Creighton, Sara)
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                                                                                                          Blank  Telephone Conference
                                                                                                          Minute Entry for Telephone Conference held before Judge Christopher R. Cooper on 10/17/2019. The parties are to appear for a Motion Hearing set for 10/23/2019 at 1:00 PM in Courtroom 27A before Judge Christopher R. Cooper. (Court Reporter: Lisa Moreira) (lsj)
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                                                                                                            Set/Reset Hearings: Telephone Conference set for 10/17/2019 at 4:00 PM before Judge Christopher R. Cooper. (lsj)
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                                                                                                              Blank  Order
                                                                                                              MINUTE ORDER: The parties are hereby ORDERED to attend a telephonic conference on Thursday, October 17, 2019 at 4:00 PM. Dial-in information will be provided separately. Signed by Judge Christopher R. Cooper on 10/17/2019. (lccrc3)
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                                                                                                                Legal Document (Payment Possibly Required) 6 Filed: 10/11/2019, Entered: 10/11/2019 Memorandum in opposition
                                                                                                                Memorandum in opposition to re [4] MOTION for Preliminary Injunction filed by U.S. DEPARTMENT OF STATE. (Attachments: # (1) Exhibit Declaration of Eric Stein)(Abbuhl, Joshua)
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                                                                                                                  Legal Document (Payment Possibly Required) 5 Filed: 10/7/2019, Entered: 10/7/2019 Notice of appearance
                                                                                                                  NOTICE of Appearance by Joshua Charles Abbuhl on behalf of U.S. DEPARTMENT OF STATE (Abbuhl, Joshua)
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                                                                                                                    Legal Document (Payment Possibly Required) 4 Filed: 10/4/2019, Entered: 10/4/2019, Terminated: 10/25/2019 Motion for preliminary injunction
                                                                                                                    MOTION for Preliminary Injunction by AMERICAN OVERSIGHT (Attachments: # (1) Memorandum in Support, # (2) Declaration of Daniel McGrath)(McGrath, Daniel)
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                                                                                                                      Legal Document (Payment Possibly Required) 3 Filed: 10/2/2019, Entered: 10/2/2019 Summons Issued Electronically as to AUSA
                                                                                                                      SUMMONS (3) Issued Electronically as to U.S. DEPARTMENT OF STATE, U.S. Attorney and U.S. Attorney General (Attachment: # (1) Notice and Consent)(zeg)
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                                                                                                                        Legal Document (Payment Possibly Required) 2 Filed: 10/1/2019, Entered: 10/1/2019 LCvR 26.1 Certificate of Disclosure - Corporate Affiliations/Financial Interests
                                                                                                                        LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by AMERICAN OVERSIGHT (McGrath, Daniel)
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                                                                                                                          Legal Document 1 Filed: 10/1/2019, Entered: 10/1/2019 Complaint
                                                                                                                          COMPLAINT against U.S. DEPARTMENT OF STATE ( Filing fee $ 400 receipt number 0090-6408612) filed by AMERICAN OVERSIGHT. (Attachments: # (1) Exhibit, # (2) Civil Cover Sheet, # (3) Summons, # (4) Summons, # (5) Summons)(McGrath, Daniel) (Attachment 2 replaced on 10/2/2019) (zeg).
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