From: DCD_ECFNotice@dcd.uscourts.gov <DCD_ECFNotice@dcd.uscourts.gov>
Sent: Friday, December 13, 2019 10:18 AM
To: DCD_ECFNotice@dcd.uscourts.gov
Subject: Activity in Case 1:19-cv-02934-CRC AMERICAN OVERSIGHT v. U.S. DEPARTMENT OF STATE
Order
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U.S. District Court
District of Columbia
Notice of Electronic Filing
The following transaction was entered on 12/13/2019 at 10:17 AM EDT and filed on 12/13/2019
Case Name:
AMERICAN OVERSIGHT v. U.S. DEPARTMENT OF STATE
Case Number:
1:19-cv-02934-CRC
Filer:
Document Number: No document attached
Docket Text:
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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