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REF 4? CT DOC TOE 40K CS 200 PP VAUGHN INDEX?

Status Report – #25 in TOENSING v. U.S. DEPARTMENT OF JUSTICE (D.D.C., 1:24-cv-02444) – CourtListener.com

JEANINE FERRIS PIRRO United States Attorney By: /s/ Thomas W. Duffey THOMAS W. DUFFEY Assistant United States Attorney 601 D Street, NW Washington, DC 20530 (202) 252-2510 Attorneys for the United States of America /s/ Matthew D. Hardin MATTHEW D. HARDIN, D.C. Bar # 1032711 Hardin Law Office 101 Rainbow Drive # 11506 Livingston, TX 77399 (202) 802-1948 MatthewDHardin@protonmail.com

Now comes the Plaintiff, Victoria Toensing, and the Defendant, the United States Department of Justice (“Department”), by and through undersigned counsel, and hereby submit this Joint Status Report pursuant to the Court’s May 27, 2026, Minute Order. This report follows a June 18, 2026 meeting of the parties and their counsel at the U.S. Attorney’s Office in Washington, D.C. In attendance at the meeting were undersigned counsel, Plaintiff Victoria Toensing and her husband, Joseph diGenova, and Patrice Parker Hale from the Department of Justice.

Defendant’s Statement The Department represents that it has completed its review and has processed in excess of 41,000 pages. There remain outstanding 29 pages that need to be returned from the Office of Information Policy, which are expected to be returned by the middle of next month. The Department anticipates providing a Vaughn index to Plaintiff addressing approximately 1,000 pages withheld in full pursuant to FOIA Exemptions, and certain partially redacted records to which Plaintiff has conveyed its challenges. This Vaughn will be provided to Plaintiff by July 31, 2026, as contemplated by this Court’s May 18, 2026 Minute Order. The Department is not claiming that records at issue in this case are classified.

....

Plaintiff’s Statement Plaintiff appreciates the opportunity to confer with the Department and its counsel on June 18, 2026. As previously indicated, Ms. Toensing recently began serving as Deputy Chief for Civil Rights in the Criminal Section, of the United States Attorney’s Office for the Southern District of Florida, and Ms. Toensing has extensive obligations in that District related to a grand jury proceeding.

The brief postponement of the conferral allowed Ms. Toensing to better serve our country’s pressing interests in effective and efficient criminal justice. The June 18, 2026 meeting in D.C. was productive in terms of allowing the parties to better understand their respective positions and to agree on a path forward for this litigation. As indicated at ECF No. 22, Plaintiff has received less than 200 pages of records, such that Plaintiff has difficulty understanding how 41,000 pages were processed with so few pages produced. The Department has now clarified that it withheld in full approximately 1,000 pages of records. Still, the Department apparently asserts that approximately 40,000 pages of records were non-responsive to Plaintiff’s FOIA request. Plaintiff reserves the right to challenge the accuracy of Defendant’s assertions as to the volume of responsive records on summary judgment.

...



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https://www.linkedin.com/in/tom-duffey-86047b7/

experience

Assistant United States Attorney

United States Attorney's Office for the District of Columbia · Full-time

Nov 2020 - Present · 5 yrs 9 mos

Washington, D.C.


Owner

Law Office of Thomas W. Duffey

2016 - Nov 2020 · 4 yrs 11 mos

Civil Litigation, Employment Law, Consumer Protection, Securities, Estate Planning, Arbitration, Mediation.


Of Counsel

Keane & Klein

2016 - 2017 · 1 yr

Civil Litigation, Employment Law.


Keane, Klein & Duffey logo

Partner

Keane, Klein & Duffey

1995 - 2016 · 21 yrs

Affirmative and Defensive Civil litigation, Appellate Practice, probate and Estate Planning, Mediation and Arbitration. Mediator and Arbitrator for the Financial Industry Regulatory Authority (FINRA) and the New York Stock Exchange.… more


Attorney

Tompkins, McGuire & Wachenfeld

1987 - 1994 · 7 yrs

Civil Insurance and Corporate Defense litigation.


Education

Case Western Reserve University School of Law logo

Case Western Reserve University School of Law

J.D.


Rutgers College

B.A., Political Science and Government

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