Case Detail

FOIA Project Annotation: Judge Randolph Moss has ruled that the FBI cannot use either Exemption 7(E) (investigative methods and techniques) or Exemption 2 (internal practices and procedures) to withhold processing documents associated with dozens of FOIA requests. In response to requests from National Security Counselors, journalists Jeffrey Stein and Jason Leopold, and researcher Ryan Shapiro for processing records for requests filed by themselves and others, the agency categorically refused to disclose any processing documents generated for FOIA requests submitted in the last 25 years for material contained in investigative files�"which the agency withheld under Exemption 7(E)�"or any case evaluation forms�"which track and evaluate the performance of FBI employees processing FOIA requests�"under Exemption 2. The plaintiffs specifically requested search slips and FDPS case processing notes, documenting the efforts of FOIA analysts to search for files in response to FOIA requests, and case evaluation forms, which are kept in the personnel files of FOIA analysts for purposes of tracking and evaluating employee performance. Moss first explored the roots of the FBI's Exemption 7(E) non-disclosure policy. "The search slips and notes, the FBI explains, may refer to files on individuals that would be exempt from withholding under a specific FOIA exemption, and that in fact were withheld from the original requester. But more importantly, they may also contain references to files that are excludable under [one of the three exclusions contained in Section (c)]�"that is, files whose very existence the FBI is permitted to deny. Indeed, the FBI points out, the search slips may contain references to files that were excluded from its response to the original requester�"that is, files that the FBI told the requester did not exist. Requests for search slips therefore put the FBI in a difficult position. The FBI cannot plausibly deny that the search slip exists�"because search slips are created as a matter of course in responding to FOIA requests�"but it argues that it also cannot release the search slip, as the search slip would reveal the existence of the file that the FBI told the requester did not exist. And, for similar reasons, the FBI cannot release a redacted version of the search slip, even if the redaction would tell the requester nothing about the underlying file, the FBI argues, [because] the existence of the redaction would 'tip off' the requester that some file existed, contradicting the FBI's prior assertion that no responsive records existed. Likewise, the FBI argues that it cannot withhold the entire search slip under one of the exemptions because the withholding itself would 'tip off' the requester that the search slip must refer to a file that he or she had previously been told did not exist." The FBI's dilemma, Moss indicated, led the agency to argue that "the only option available to it is to withhold all search slips and processing notes that it has created in responding to FOIA requests for investigative files in the last 25 years." Moss did not deny that the FBI's problem was serious, but he noted that "the question before the Court, however, is not the existence or gravity of the problem facing the FBI, but whether the solution the FBI has adopted is consistent with FOIA. Although the question is a difficult one, the Court concludes that the FBI's proposed reading of the statute cannot be squared with its text or the governing precedent." He pointed out that the three exclusions in Section (c) "relate to sensitive matters of law enforcement and national security. They have nothing to do with the day-to-day administration of FOIA itself." He continued: "To be sure, a particular search slip might, on a rare occasion, replicate excludable records and thus also fall within one of the FOIA exclusions, in full or in part. But the overwhelming majority of FBI processing documents are not excludable under any reasonable construction of Section 552(c). . .In the most recent fiscal year, the Justice Department invoked an exclusion only 145 times�"or in 0.23% of the over 60,000 requests that it processed. The FBI's sweeping policy of withholding all search slips for investigative records, as a result, cannot be justified on the plain terms of Section 552(c)." Having found no support for the FBI's withholding policy in Section (c), Moss pointed out that Exemption 7(E), upon which the agency was basing its categorical exemption claim, "does not authorize the policy either." He explained that "the search slips are not themselves 'records. . .compiled for law enforcement purposes;' they are records compiled for the purpose of responding to FOIA requests. . . [T]he FBI is not seeking to withhold specific law enforcement information compiled in the search slips on the basis of Exemption 7(E); it is seeking to withhold all of the search slips in their entirety on the basis of Exemption 7(E)." He observed that "in the absence of a showing that all of the withheld search slips in their entirety constitute records 'compiled for law enforcement purposes,' the FBI's categorical reliance on Exemption 7 fails at the threshold." Moss pointed out that the search slips did not qualify as the kind of "techniques" or "procedures" to which Exemption 7(E) referred. He noted that "the purpose of Exemption 7(E) is to prevent the public from learning about the existence of confidential law enforcement techniques, not to prevent it from learning about the use of already-disclosed law enforcement techniques. It is thus implausible that the disclosure of the FBI's use of Section 552(c) exclusions�"although in some instances harmful�"would be harmful in a way that would bring the search slips within Exemption 7(E)'s grant of authority." The agency argued that Moss should recognize a judicial gloss for these records akin to the Glomar doctrine, allowing an agency to neither confirm nor deny the existence of records, or the mosaic theory, allowing a court to consider that disclosure of certain non-exempt information might allow a requester to infer the nature of related exempt information. Moss declined the agency's invitation, noting that "the FBI is not making a 'mosaic' claim, nor could it. It is only arguing that by withholding all search slips, even those not protected by FOIA, it can amass a haystack in which to hide the search slips that are protected." He pointed out that "although the Glomar doctrine may constitute a gloss on FOIA's text, it does not lead to results fundamentally at odds with the statute. The FBI's present policy does." He observed that "there may be compelling reasons to authorize the FBI to withhold search slips and similar processing records. But FOIA itself does not do so, and the FBI cannot act on the basis of an exemption or exclusion that Congress has not provided." The agency's other categorical claim was that evaluations forms for FOIA analysts assessing their performance were completely protected under Exemption 2 since they qualified as personnel records. But Moss noted that while the Supreme Court in Milner v. Dept of Navy, 562 U.S. 562 (2011), held that Exemption 2 focused on personnel-related records, its prior ruling in Dept of Air Force v. Rose, 425 U.S. 352 (1976), explained that even personnel records could be disclosed if there was a significant public interest. Moss indicated that "Milner does nothing to overrule or undermine that holding" and added that "unless overruled by the Supreme Court or by Congress, the Supreme Court's holding in Rose continues to bind this Court. . .The test articulated in Rose thus remains the law, and it excludes 'matters [that are] subject to a genuine and significant public interest' from the reach of Exemption 2." Agreeing with the plaintiffs that the evaluation forms reflected on the agency's operations, Moss pointed out that "the fact that the FBI uses the forms solely for the purpose of evaluating individual employees does not mean that the forms 'relate solely' to employee management. To the contrary, the forms reflect information regarding how the FBI goes about fulfilling its obligations under FOIA and, thus, at least in that sense 'relate' to far more than issues of internal management. Viewed from this perspective, the forms 'relate'�"at least in part�"to how the FBI performs one of its statutory obligations."
Issues: Exemption 7(E) - Investigative methods or techniques, Exemption 2 - Personnel practices

FOIA Project Annotation: Judge Randolph Moss has ruled that the restrictions on the government to offer new exemption claims during litigation, first expressed by the D.C. Circuit in Maydak v. Dept of Justice, 218 F.3d 760 (D.C. Cir. 2000), still has considerable vitality. The Maydak decision put an end to a common practice of law enforcement agencies to claim that records were categorically exempt under Exemption 7(A) (ongoing investigation or proceeding), but then withdraw the 7(A) claim during litigation because the investigation had been closed. Agencies then would start reviewing the records for application of other exemptions, which would become the basis for their claims in court. The decision in Maydak made it clear that agencies were required to claim all exemptions they intended to assert at the beginning of litigation and not sometime later during the litigation, subject to two exceptions�"where the failure to invoke an exemption was the result of human error and disclosure could compromise national security or privacy, and where there substantial was change in either the facts of the case or an interim development in applicable law. Moss' ruling came in a case involving multiple requests made by researcher Ryan Sharpiro, reporter Jeffrey Stein, National Security Counselors, and Truthout to the Justice Department. Several requests sought FBI search slips and processing notes for FOIA requests. The FBI told the requesters that such records were categorically exempt. In his earlier opinion, Moss disagreed, finding the agency was required to process the records. This time, the FBI told Moss that it had abandoned its previous policy and had adopted a policy whereby it would deny requests for search slips and processing notes only where the agency issued a no record response or a Glomar response to the underlying FOIA request. The agency asked Moss to rule on whether or not the agency could apply its new policy to the requests involved in this case. Moss considered whether the FBI's request fell within one of the exceptions to Maydak. He noted that "the FBI does not contend that some change in law or fact has required it to reevaluate its policy with respect to requests for search slips or processing records. Indeed, it represents that it changed its policy in May 2015, eight months before the Court issued its opinion in this matter. The FBI does not point to any 'interim development,' at least not to one outside its control; it only represents that it has developed a new policy that it would like to apply to the plaintiffs' requests." Instead, Moss noted, the agency would have to proceed under the exception for a failure to claim an exemption as the result of "pure human error" where disclosure might endanger national security or privacy interests. He concluded that "the FBI cannot satisfy this standard." He indicated that "its request to apply its new policy to the plaintiffs' long-pending FOIA requests bears more resemblance to 'an attempt to gain a tactical advantage over the FOIA requester' than it does to a simple mistake. The FBI represents that it adopted its new policy in May 2015, after briefing in this case was complete but well before the court heard oral argument and issued its decision. But the FBI did not inform the Court about the existence of its new policy at any point between May 2015, when the new policy was adopted, and February 26, 2016, when the Court held a status conference to discuss the implementation of its December 2015 opinion. The FBI has not lacked for opportunities to inform the Court or the plaintiffs that it had adopted a new policy regarding search slips." He observed that "in light of the FBI's inability to establish that its failure to invoke the new policy in a timely manner was the result of a simple mistake, the Court will decline to permit it to rely on that policy at this stage in the proceeding." He added, however, that he would permit the FBI to show if disclosure of any records might harm national security or privacy interests. He cautioned that "this is not an opportunity for the FBI to advance its new policy regarding search slips. The FBI is free to apply that policy to future FOIA requests (and future FOIA requesters are, in turn, free to challenge it). But this is not the forum for such a proceeding." The FBI proposed an alternative argument in its attempt to get its new policy into court. The agency claimed that it had erred in not providing specific document-by-document exemption claims for the search slips and processing notes but that it had alluded to the fact in its affidavit that other exemptions might apply to such records. The FBI asked Moss to permit it to now review the records for such claims. Moss rejected this claim as well. He noted that "to the extent that the FBI argues either that it adequately preserved the exemptions that it now seeks to assert or that it would have been too burdensome to do so, Maydak disposes of both arguments. As in Maydak, the FBI here did not adequately preserve any document-by-document exemptions, stating only that additional records 'may be exempt.' And, as in Maydak, it would not have been burdensome for the FBI to have asserted both categorical and document-by-document exemptions at the same time�"indeed, this is precisely what it did in response to [one of the plaintiff's] second request." Moss pointed out that the FBI's request did not qualify under the "pure human error" exception to Maydak. He noted that "although it is conceivable that the FBI's failure to assert any document-by-document exemptions with respect to the plaintiffs' requests resulted from 'pure human error,' that seems unlikely given the FBI's assertion of those same exemptions in response to [one of the plaintiff's] second request. Furthermore, although some of the records the FBI requests permission to withhold at this stage might implicate the disclosure of 'national security or sensitive, personal, private information,' it is clear that not all of them will." He observed that "the Court will�"in its discretion�"permit the FBI to assert untimely exemptions to the extent that it can show that the disclosure of such records will 'compromise national security or sensitive, personal, private information.'"
Issues: Litigation - Jurisdiction - Failure to State a Claim

FOIA Project Annotation: Clarifying his previous holding, Judge Randolph Moss has ruled that the FBI may assert claims made under Exemption 7(A) (interference with ongoing investigation or proceeding) and Exemption 7(E) (investigative methods and techniques), as well as claims of attorney-client privilege and attorney work-product privilege under Exemption 5 (privileges), but has waived its ability to claim that the deliberative process privilege applies to other records. Dealing with a number of requests from researcher Ryan Shapiro, reporter Jeffrey Stein, National Security Counselors, and Truthout for records pertaining to the agency's processing of FOIA requests, Moss previously ruled the agency could not claim such records were categorically exempt under Exemption 2 (internal practices and procedures) or Exemption 7(E). When the FBI asked Moss if it could make other claims, he next ruled that Maydak v. Dept of Jusice, 218 F.3d 760 (D.C. Cir. 2000), and August v. FBI, 328 F.3d 697 (D.C. Cir. 2003), prevented agencies from bringing up exemptions not claimed originally unless the failure to do so was clearly a matter of human error. Moss found that was not the case here, but, in line with Maydak and August allowed the agency to make additional exemption claims where they pertained to matters of national security or privacy. The FBI asked for reconsideration, arguing this time that Maydak and August only applied where an agency asserted a new claim at the appellate level, not at the district court level. Moss indicated that "the Court agrees with both parties that the D.C. Circuit has not explicitly addressed the principles that should govern a district court's consideration of such an untimely assertion�"that is, an assertion of a FOIA exemption that is made after the parties have filed comprehensive cross-motions for summary judgment and the district judge has adjudicated those cross-motions." Finding recent case law suggested that district court judges should retain discretion in deciding whether to accept new exemption claims, Moss observed that "basic principles of fairness, efficiency, and finality, moreover�"principles inherent in the rules of civil procedure that apply with extra force in the context of FOIA litigation�"counsel in favor of requiring the government to make some threshold showing of good cause to avoid a finding of forfeiture. Such a showing need not be an onerous requirement." But, he noted, "what the government cannot argue is that it is permitted to assert additional FOIA exemptions absent any showing of good cause whatsoever. That rule would sweep too broadly." He added that "to the extent that the FBI argues that the D.C. Circuit's caselaw permits it to advance a FOIA exemption now that it did not advance previously absent a showing of good cause, it is wrong." Clarifying his earlier ruling, Moss permitted the FBI to assert exemption claims under Exemption 7, indicating that "such documents may implicate both national security and privacy issues. . .In any event, the FBI has represented that the records at issue here could, if revealed, jeopardize ongoing FBI investigations." By contrast, Moss pointed out that the agency's Exemption 5 claims did not implicate national security or privacy issues. However, he permitted the agency to assert attorney-client privilege and attorney work-product privilege to a handful of records there were sufficiently similar to other disputed records the agency had claimed were privileged. But Moss rejected the agency's attempt to assert the deliberative process privilege. He explained that "to the extent the FBI's present argument is not a categorical one, but instead turns on a case-by-case application of the deliberative-process privilege to the records it now seeks to withhold, such an argument presents a substantial risk of expanding the scope and duration of the present litigation. The FBI appears to have asserted the deliberative process privilege to protect information contained in over 450 pages of records. . .[which] significantly increases the likelihood that the present litigation will be prolonged." The FBI had requested a stay until a final judgment, but, while agreeing with the need for a stay, Moss sided with the plaintiffs in giving the agency a 60-day stay.
Issues: Litigation - Jurisdiction - Failure to State a Claim

FOIA Project Annotation: In a recent decision pertaining to multiple requests filed by researcher Ryan Shapiro and others for records concerning the way in which the FBI processes FOIA requests, Judge Randolph Moss has discovered that his initial ruling that search slips are not protected by Exemption 7(E) (investigative methods and techniques) is considerably more complicated than he may have at first imagined. This time around, Moss agreed with the agency's refined position invoking the mosaic theory. In his first decision in the case, Moss ruled that the FBI could not categorically withhold case evaluation forms used to track and evaluate the performance of FBI FOIA analysts in processing FOIA and Privacy Act requests. The FBI asked Moss to reconsider his ruling, explaining that it no longer claimed that case evaluation forms could be categorially withheld, but only to FOIA requests that had resulted in a "no records" response or a Glomar response neither confirming nor denying the existence of records. While Moss found that Maydak v. Dept of Justice, 218 F.3d 760 (D.C. Cir. 2000), in which the D.C Circuit held that agencies were required to make all their exemption claims at the beginning of litigation, he agreed that ordering disclosure of the records might compromise sensitive national security or privacy information and allowed the agency to brief the matter further. Moss began by explaining that the exclusions under subsection (c) allowed the FBI to claim that it had no records in response to a request where "the explicit assertion of a FOIA exemption might permit a FOIA requester or other member of the public to infer the precise information that the FOIA exclusion is intended to secure." Moss explained that "plaintiffs' practice of filing FOIA requests for records generated in responding to prior FOIA requests, however, puts this practice to the test. Because the FBI inevitably generates records, such as search slips and processing notes, when it receives any FOIA request, the FBI faces a conundrum," because disclosure might reveal information protected by an exclusion. The FBI, however, had initially asserted a categorical exemption for such records, which Moss had rejected. But at this point in the litigation, the FBI was asserting a more targeted claim that Exemption 7(E) protected 42 "no records" responses to 58 of Shapiro's requests for records pertaining to the processing of previous FOIA requests. The FBI contended that "at least in the current context, which involves an array of FOIA requests relating to domestic terrorism investigations, the implicit disclosure of the existence or nonexistence of the use of the FOIA exclusion poses a risk of circumvention of the law." Moss agreed with the refinements the FBI had made to its claim. He pointed out that "to be sure, those search records were not themselves compiled for law enforcement purposes; rather, they were compiled to comply with FOIA. But to the extent they replicate information that was compiled for law enforcement purposes, that distinction is immaterial. Nor does it make a difference whether any underlying records exist or not. Exemption 7 protects 'information compiled for law enforcement purposes,' and the absence of a record can reflect 'information' compiled by the agency just as much as the existence of a record." Having found that the records qualified as law enforcement records under Exemption 7, Moss considered the FBI's claim that the search slips were protected by Exemption 7(E). He noted that "the fact that the FBI is permitted to issue 'No Records' responses based on the §552(c) exclusion is not a confidential 'technique' or 'procedure'�"rather, that fact is embodied in the statute and judicial precedent. Although the FBI has now further elaborated on its arguments, it is safe to say that it still has not identified a relevant law enforcement 'technique' or 'procedure' with crystal clarity." Having said that, Moss concluded the FBI had shown why such records could reveal investigative techniques or procedures. He pointed out that "there is little meaningful difference between records compiled for law enforcement purposes and information relating to the search of those records. In both cases, knowledge of the existence or non-existence of an investigation, for example, might assist those seeking to evade detection." The FBI relied on the mosaic theory�"that even pieces of mundane information might disclose protected information when put together with other such information�"arguing that disclosure of the search slips when put in context with other information could reveal protected information. Noting that there was little case law concerning when to apply the mosaic theory, Moss observed, that "the search slips at issue are part of a complex mosaic relating to on-going FBI operations, involving one of the FBI's domestic terrorism priorities, which has been the subject of a staggering number of FOIA requests seeking information about many specific individuals and organizations. In this context, the Court concludes that the FBI has met its modest burden of showing 'logically how the release of [the processing records] might create a risk of circumvention of the law.'" Beyond the search slips, the FBI also contended that disclosure of file numbers would implicate the mosaic theory. Shapiro argued that file numbers were created for administrative purposes, not law enforcement purposes. Moss disagreed. He noted that "although Plaintiffs are correct that files numbers serve an administrative purpose�"permitting the FBI to track and organize documents�"they ignore the fact that the tracking system is based on information collected for law enforcement purposes. The relevant file numbers are not generated at random, but, rather, incorporate information compiled in the course of enforcing the criminal laws. . . As relevant here, moreover, a collection or 'mosaic' of FBI file numbers might show�"or at least suggest�"whether the FBI devotes a small amount of attention, or a great deal of attention, to animal rights extremism in each relevant region of the country. That information is, as a matter of ordinary usage, 'compiled' in the FBI filing system�"that is, it is 'collected and assembled from various sources or other documents.' It is not difficult to conclude, moreover, that a 'rational nexus' exists between the compilation of this information and 'one of the agency's law enforcement duties.'" Moss added that "moreover, as the FBI observes, although a single file number may be unilluminating, Plaintiffs' requests must be construed as part of a larger mosaic. Understood in that manner, aggregate information about the numbers of files or document that bear a designation for domestic terrorism/animal rights extremism may shed considerable light on the overall resources that a particular office of the FBI has devoted, or is devoting, to investigating related crimes. The conclusion that the disclosure of FBI filed numbers can�"in theory�"reveal sensitive law enforcement techniques, however, does not answer the question whether disclosure of the file numbers at issue here would, in fact do so." Shapiro argued that the fact that the agency had not invoked Exemption 7(A) (ongoing investigation or proceeding) for any of the records implied that they did not concern ongoing investigations. Moss indicated, however, that "the Court is not convinced that the mere fact that an investigation is closed severs the 'logical' link between release of the information and the risk of circumvention; knowing that the FBI has historically focused its enforcement efforts in a particular region, for example, might aid a criminal in circumventing the law." He explained that because Shapiro now argued that the agency had waived its right to withhold some file numbers due to official acknowledgment, he would give the FBI a chance to respond to that claim. He revealed, however, that the records did confirm that the FBI had closed its investigation into the unsolved murder of Hyram Kitchen more than 25 years ago and told the agency that it could no longer claim those records were protected under Exemption 7(A). Moss agreed with Shapiro that there was still a dispute over whether the agency had properly segregated non-exempt information from declarations filed in previous litigation. He noted that "in light of Plaintiffs' colorable contention that the declarations submitted in prior litigation revealed significant details about the searches and that the FBI has waived any right to object to disclosure of that information and given the potential value to Plaintiffs and the public of an ability to look behind the types of agency declarations that typically dominate FOIA litigation, the Court will require the FBI to file copies of the search slips from one randomly selected FOIA request, from which only the non-public information has been redacted."
Issues: Litigation - Segregability analysis, Exemption 7(E) - Investigative methods or techniques

FOIA Project Annotation: Judge Randolph Moss has granted declaratory judgment in wrapping up the remaining issues in 2013 consolidated litigation against the FBI brought by researcher Ryan Shapiro, reporter Jeff Stein, and National Security Counselors for records concerning the agency's processing of FOIA requests. Although Moss ruled in the agency's favor on many of the remaining unresolved issues, he continued to side with the plaintiffs concerning the agency's attempts to withhold search slips created as part of the processing of FOIA requests. After reviewing the holdings from his six previous opinions in the case, Moss began his discussion of the current disputes by sharply chastising the FBI for its failure to provide any substance in its statement of material facts. He pointed out that "the FBI's counter statement of material facts demonstrates so little care and is so devoid of evidentiary support that it is properly treated as a nullity. The Court is not persuaded that a computer glitch can be blamed for the FBI's failure. Over these months have now passed since the FBI filed its 'penultimate' draft of the counter statements, and the FBI has made no effort to supplement or correct its filing with a statement that complies with the requirements of Rule 56 or Local Civil Rule 7(b). It is apparent that the FBI is content to rest on its 'penultimate' draft, and that draft fails meaningfully to controvert any of the factual statements upon which Plaintiffs rely." In a previous opinion, Moss questioned the agency's reliance on Exemption 7(E) (investigative methods and techniques) to withhold files from an investigation that had been closed for 25 years. Noting that justifying an Exemption 7(E) claim was a "low bar," Moss nonetheless found the FBI had failed here. He pointed out that "the Court is unpersuaded that a description of the FBI's general methodology is sufficient to carry its burden." He observed that "although the standard is not a demanding one, neither is it an invitation for an agency to rely on a boilerplate justification that contains no information about the specific withholdings at issue, even after a district court concludes that more is needed and repeatedly orders that the agency offer some case-specific justification." Moss rejected what he interpreted as the FBI's return to a broad argument he had rejected long ago â€" that records related to the processing of FOIA requests were protected by the deliberative process privilege privilege. Here, he noted that "when the Court granted summary judgment to the FBI in [the fourth decision in the case] as to the deliberative process records responsive to [one plaintiff's] request, the Court's ruling covered only those records that were prepared as part of the FBI's preparation or response to litigation. But the FBI now argues that holding would also apply to run-of-the-mill FOIA processing records prepared in the usual course, so long as the FOIA request was subsequently the subject of litigation. Here, at least as to eight pages of the records, all that the FBI has shown is that these records related to the processing of a FOIA request that later became 'subject to litigation.' That is not enough to sustain an assertion of the deliberative process privilege." Moss also granted the plaintiffs' motion for declaratory judgment. He pointed out that "given the FBI's previous omission in explaining the evolution of its policies, the presumption of regularity on the part of government officials is weaker than it might otherwise be. Indeed, in light of the frequent changes in the FBI's position throughout this litigation, the Court cannot be 'absolutely' certain that the FBI will not revert to its original categorical policy in the future." He indicated that "indeed, the FBI asserted its broader categorical policy in this case, and the Court rejected that policy. Plaintiffs are thus entitled to declaratory relief." But he declined to issue a permanent injunction. He noted that "here, a declaratory judgment should be sufficient to protect Plaintiffs from any recurrence of the FBI's broad categorical policy, and a permanent injunction is thus not warranted at this stage. If the FBI reverts to its former policy, however, Plaintiffs are free to return to this Court to seek a permanent injunction under appropriate circumstances and at an appropriate time."
Issues: Litigation - Jurisdiction - Injunction, Exemption 7(E) - Investigative methods or techniques, Exemption 5 - Privileges - Deliberative process privilege - Deliberative, Exemption 5 - Privileges - Deliberative process privilege - Predecisional

Date Filed	Doc #	Docket Text
2013-04-24	1	COMPLAINT against DEPARTMENT OF JUSTICE ( Filing fee $ 350 receipt number 0090-3294012) filed by TRUTHOUT, RYAN NOAH SHAPIRO, NATIONAL SECURITY COUNSELORS, JEFFREY STEIN. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit - LCvR 7.1 certificate (NSC), # 3 Exhibit - LCvR 7.1 certificate (Truthout), # 4 Summons, # 5 Summons, # 6 Summons)(McClanahan, Kelly) (Entered: 04/24/2013)
2013-04-24		Case Assigned to Judge Richard W. Roberts. (kb) (Entered: 04/24/2013)
2013-04-24	2	ELECTRONIC SUMMONS (3) Issued as to DEPARTMENT OF JUSTICE, U.S. Attorney and U.S. Attorney General. (Attachments: # 1 Summons, # 2 Summons, # 3 Consent Form, # 4 Notice of Consent)(kb) (Entered: 04/24/2013)
2013-04-24	3	NOTICE of Appearance by Jeffrey Louis Light on behalf of RYAN NOAH SHAPIRO (Light, Jeffrey) (Entered: 04/24/2013)
2013-04-24	4	LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by NATIONAL SECURITY COUNSELORS, TRUTHOUT (Attachments: # 1 Exhibit - LCvR 7.1 certificate)(McClanahan, Kelly) (Entered: 04/24/2013)
2013-04-30	5	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. DEPARTMENT OF JUSTICE served on 4/29/2013, RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 04/29/2013., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 4/29/2013. ( Answer due for ALL FEDERAL DEFENDANTS by 5/29/2013.) (Attachments: # 1 Exhibit)((McClanahan, Kelly) . Modified on 5/2/2013 to reinstate docket entry (jf, ). (Entered: 04/30/2013)
2013-05-29	6	Consent MOTION for Extension of Time to File a Response to Plaintiffs' Complaint by DEPARTMENT OF JUSTICE (Adebonojo, Kenneth) (Entered: 05/29/2013)
2013-06-05	7	ANSWER to Complaint by DEPARTMENT OF JUSTICE.(Adebonojo, Kenneth) (Entered: 06/05/2013)
2013-06-12		MINUTE ORDER: It is hereby ORDERED that the defendant's motion 6 for an extension of time to file a response to the plaintiffs' complaint be, and hereby is, GRANTED nunc pro tunc. Signed by Judge Richard W. Roberts on 6/12/13. (lcrwr2) (Entered: 06/12/2013)
2013-06-12	8	DISCHARGED PER MEMORANDUM OPINION AND ORDER FILED 9/19/2013.....ORDER TO SHOW CAUSE: Plaintiffs shall show cause in writing by June 24, 2013 why Counts 1 to 4 of their complaint should not be severed from Count 5 under Federal Rule of Civil Procedure 21 or dismissed. Signed by Judge Richard W. Roberts on 6/12/13. (lcrwr2) Modified on 9/20/2013 (zmm, ). (Entered: 06/12/2013)
2013-06-13		Set/Reset Deadlines: Plaintiff's Response to Show Cause due by 6/24/2013. (hs) (Entered: 06/13/2013)
2013-06-24	9	RESPONSE TO ORDER TO SHOW CAUSE by NATIONAL SECURITY COUNSELORS, RYAN NOAH SHAPIRO, JEFFREY STEIN, TRUTHOUT . (Attachments: # 1 Exhibit A - O'Neill-McClanahan email)(McClanahan, Kelly) (Entered: 06/24/2013)
2013-07-01		MINUTE ORDER: On June 24, 2013, the plaintiffs responded to the June 12, 2013 Order to Show Cause why Counts 1 to 4 of their complaint should not be severed from Count 5 under Federal Rule of Civil Procedure 21 or dismissed. In their response, the plaintiffs argued that their individual Freedom of Information Act ("FOIA") requests arise out of the same transaction or occurrence because search slips responsive to the plaintiffs' FOIA requests were withheld because of the Federal Bureau of Investigation's ("FBI") blanket policy to withhold all search slips that are less than 25 years old. However, the plaintiffs' complaint claims that the defendant wrongfully withheld numerous responsive records including, but not limited to, FBI search slips, and seeks disclosure of all responsive records. To clarify the scope of the plaintiffs' complaint, it is hereby ORDERED that the plaintiffs file a supplement to their response by July 8, 2013 explaining whether they are narrowing their claims to include only withheld FBI search slips. Signed by Judge Richard W. Roberts on 7/1/13. (lcrwr2) (Entered: 07/01/2013)
2013-07-02		Set/Reset Deadlines: Supplemental Memorandum due by 7/8/2013. (hs) (Entered: 07/02/2013)
2013-07-08	10	RESPONSE TO ORDER TO SHOW CAUSE by NATIONAL SECURITY COUNSELORS, RYAN NOAH SHAPIRO, JEFFREY STEIN, TRUTHOUT re Order,,,, . (Attachments: # 1 Exhibit A - FBI letter)(McClanahan, Kelly) (Entered: 07/08/2013)
2013-08-09	11	MOTION for Leave to File to File a Response to Plaintiffs' Response to the Court's Orders to Show Cause by DEPARTMENT OF JUSTICE (Attachments: # 1 Exhibit A)(Adebonojo, Kenneth) (Entered: 08/09/2013)
2013-08-29	12	Case reassigned by consent to Judge Paul L. Friedman. Chief Judge Richard W. Roberts no longer assigned to the case. (gt, ) (Entered: 08/29/2013)
2013-08-29	13	MOTION for Extension of Time to File Response/Reply as to 11 MOTION for Leave to File to File a Response to Plaintiffs' Response to the Court's Orders to Show Cause (Nunc Pro Tunc) by NATIONAL SECURITY COUNSELORS, RYAN NOAH SHAPIRO, JEFFREY STEIN, TRUTHOUT (Attachments: # 1 Text of Proposed Order)(McClanahan, Kelly) (Entered: 08/29/2013)
2013-08-29	14	Memorandum in opposition to re 11 MOTION for Leave to File to File a Response to Plaintiffs' Response to the Court's Orders to Show Cause filed by NATIONAL SECURITY COUNSELORS, RYAN NOAH SHAPIRO, JEFFREY STEIN, TRUTHOUT. (Attachments: # 1 Text of Proposed Order)(McClanahan, Kelly) (Entered: 08/29/2013)
2013-08-30		MINUTE ORDER granting 13 plaintiffs' nunc pro tunc motion for brief extension of time up to and including August 29, 2013 to file their opposition to defendant's motion for leave to file defendant's response to plaintiff's response to court's orders to show cause. Signed by Judge Paul L. Friedman on August 30, 2013. (MA) (Entered: 08/30/2013)
2013-09-03		MINUTE ORDER granting 11 defendant's motion for leave to file a response to plaintiff's response to the Court's orders to show cause. The Clerk shall file defendant's response on the docket of this case. Signed by Judge Paul L. Friedman on September 3, 2013. (MA) (Entered: 09/03/2013)
2013-09-03	15	RESPONSE re 10 Response to Order to Show Cause filed by DEPARTMENT OF JUSTICE. (jf, ) (Entered: 09/04/2013)
2013-09-04		MINUTE ORDER: There will be a status conference on September 16, 2013 at 10:00 a.m. before Judge Paul L. Friedman in Courtroom 29A. Signed by Judge Paul L. Friedman on September 4, 2013. (MA) (Entered: 09/04/2013)
2013-09-16		Minute Entry for proceedings held before Judge Paul L. Friedman: Status Conference held on 9/16/2013. (Court Reporter Cathryn Jones.) (ztg, ) (Entered: 09/16/2013)
2013-09-19	16	MEMORANDUM OPINION AND ORDER discharging [#8] order to show cause issued by Chief Judge Roberts; the parties shall meet and confer, and shall file a joint report containing a proposed briefing schedule on or before October 3, 2013. Signed by Judge Paul L. Friedman on September 19, 2013. (MA) Modified on 9/20/2013 (zmm, ). (Entered: 09/19/2013)
2013-09-20		Set/Reset Deadlines: Joint Report due by 10/3/2013. (zmm, ) (Entered: 09/20/2013)
2013-10-03	17	Consent MOTION to Stay re 16 Memorandum & Opinion, by NATIONAL SECURITY COUNSELORS, RYAN NOAH SHAPIRO, JEFFREY STEIN, TRUTHOUT (Attachments: # 1 Text of Proposed Order)(McClanahan, Kelly) (Entered: 10/03/2013)
2013-10-04		MINUTE ORDER granting 17 plaintiffs unopposed motion to stay the deadline for the parties joint status report. The previous deadline of October 3, 2013, is hereby vacated. The parties shall file their joint status report no later than three business days following congressional appropriation of funds to the Department of Justice. Signed by Judge Paul L. Friedman on October 4, 2013. (MA) (Entered: 10/04/2013)
2013-11-27	18	STATUS REPORT JOINT by NATIONAL SECURITY COUNSELORS, RYAN NOAH SHAPIRO, JEFFREY STEIN, TRUTHOUT. (Light, Jeffrey) (Entered: 11/27/2013)
2013-12-24	19	ORDER that defendant's motion for summary judgment shall be filed on or before February 4, 2014; plaintiffs' opposition or cross-motion for summary judgment shall be filed on or before March 4, 2014; defendant's opposition to plaintiffs' cross-motion or reply to plaintiffs' opposition shall be filed on or before March 25, 2014; and plaintiffs' reply to defendant's opposition to plaintiffs' cross-motion for summary judgment shall be filed on or before April 8, 2014. No further extensions of time will be granted except for extraordinarily good cause. Signed by Judge Paul L. Friedman on December 24, 2013. (MA) (Entered: 12/24/2013)
2013-12-27		Set/Reset Deadlines: Summary Judgment motion due by 2/4/2014. Response to Motion for Summary Judgment and Cross Motion for Summary Judgment due 3/4/2014. Reply to Summary Judgment Motion and Response to Cross Motion due by 3/25/2014. Cross Motion Reply due 4/8/2014.(zmm, ) (Entered: 12/27/2013)
2014-02-04	20	First MOTION for Extension of Time to File Defendant's Dispositive Motion by DEPARTMENT OF JUSTICE (Adebonojo, Kenneth) (Entered: 02/04/2014)
2014-02-05		MINUTE ORDER granting 20 defendant's consent Motion for Extension of Time up to and including February 6, 2014 to file defendant's dispositive motion. Signed by Judge Paul L. Friedman on Febraury 5, 2014. (MA) (Entered: 02/05/2014)
2014-02-06		Set/Reset Deadlines: Dispositive Motion due by 2/6/2014. (zmm, ) (Entered: 02/06/2014)
2014-02-06	21	MOTION for Summary Judgment by DEPARTMENT OF JUSTICE (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Declaration, # 4 Exhibit A-Z, # 5 Exhibit AA-RR)(Adebonojo, Kenneth) (Entered: 02/06/2014)
2014-03-04	22	Consent MOTION for Extension of Time to File Response/Reply as to 21 MOTION for Summary Judgment by NATIONAL SECURITY COUNSELORS, RYAN NOAH SHAPIRO, JEFFREY STEIN, TRUTHOUT (Attachments: # 1 Text of Proposed Order)(McClanahan, Kelly) (Entered: 03/04/2014)
2014-03-05		MINUTE ORDER granting 22 plaintiffs' unopposed motion for an extension of time in which to file their opposition to defendant's motion for summary judgment. Plaintiffs' opposition shall be filed on or before March 11, 2014. Signed by Judge Paul L. Friedman on March 5, 2014. (MA) (Entered: 03/05/2014)
2014-03-05		Set/Reset Deadlines: Response to Motion for Summary Judgment due by 3/11/2014. (zmm, ) (Entered: 03/05/2014)
2014-03-11	23	Consent MOTION for Extension of Time to File Response/Reply as to 21 MOTION for Summary Judgment by NATIONAL SECURITY COUNSELORS, RYAN NOAH SHAPIRO, JEFFREY STEIN, TRUTHOUT (Attachments: # 1 Text of Proposed Order)(McClanahan, Kelly) (Entered: 03/11/2014)
2014-03-12		MINUTE ORDER granting 23 plaintiffs' unopposed motion for an extension of time in which to file their opposition to defendant's motion for summary judgment. Plaintiffs' opposition shall be filed on or before March 17, 2014. Signed by Judge Paul L. Friedman on March 12, 2013. (MA) (Entered: 03/12/2014)
2014-03-13		Set/Reset Deadlines: Response to Motion for Summary Judgment due by 3/17/2014. (zmm, ) (Entered: 03/13/2014)
2014-03-17	24	Consent MOTION for Extension of Time to File Response/Reply as to 21 MOTION for Summary Judgment by NATIONAL SECURITY COUNSELORS, RYAN NOAH SHAPIRO, JEFFREY STEIN, TRUTHOUT (Attachments: # 1 Text of Proposed Order)(McClanahan, Kelly) (Entered: 03/17/2014)
2014-03-18		MINUTE ORDER granting 24 plaintiffs' consent motion for an extension of time in which to file their opposition to defendant's summary judgment motion. Plaintiffs' opposition is due March 19, 2014. Signed by Judge Paul L. Friedman on March 18, 2014. (MA) (Entered: 03/18/2014)
2014-03-18		Set/Reset Deadlines: Response to Motion for Summary Judgment due by 3/19/2014. (zmm, ) (Entered: 03/18/2014)
2014-03-19	25	MOTION for Extension of Time to File Response/Reply as to 21 MOTION for Summary Judgment by NATIONAL SECURITY COUNSELORS, RYAN NOAH SHAPIRO, JEFFREY STEIN, TRUTHOUT (Attachments: # 1 Text of Proposed Order)(Light, Jeffrey) (Entered: 03/19/2014)
2014-03-20		MINUTE ORDER granting 25 plaintiffs' motion for extension of time up to and including March 20, 2014 to file their opposition to defendant's motion for summary judgment. Signed by Judge Paul L. Friedman on March 20, 2014. (MA) (Entered: 03/20/2014)
2014-03-20	26	MOTION for Leave to File Excess Pages by NATIONAL SECURITY COUNSELORS, RYAN NOAH SHAPIRO, JEFFREY STEIN, TRUTHOUT (Attachments: # 1 Text of Proposed Order)(McClanahan, Kelly) (Entered: 03/20/2014)
2014-03-20	27	Memorandum in opposition to re 21 MOTION for Summary Judgment filed by NATIONAL SECURITY COUNSELORS, RYAN NOAH SHAPIRO, JEFFREY STEIN, TRUTHOUT. (Attachments: # 1 Exhibit A - McClanahan-Adebonojo email, # 2 Exhibit B - FDPS Operations Guide, # 3 Exhibit C - Example Hitlist, # 4 Exhibit D - Example History, # 5 Exhibit E - Example Notes, # 6 Exhibit F - Example Case Evaluation Form, # 7 Exhibit G - Negley Hardy Declarations, # 8 Exhibit H - Hodge Hardy Declaration, # 9 Exhibit I - Marshall Hardy Declaration, # 10 Exhibit J - Rimmer Hardy Declaration, # 11 Exhibit K - Davis Hardy Declaration, # 12 Exhibit L - Calle Hardy Declaration, # 13 Exhibit M - Example Search Slips, # 14 Exhibit N - Memo 28, # 15 Exhibit O - Original NSC Requests, # 16 Text of Proposed Order)(McClanahan, Kelly) (Entered: 03/20/2014)
2014-03-20	28	Cross MOTION for Summary Judgment (Partial) by NATIONAL SECURITY COUNSELORS, RYAN NOAH SHAPIRO, JEFFREY STEIN, TRUTHOUT (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Text of Proposed Order)(McClanahan, Kelly) (Entered: 03/20/2014)
2014-03-24		Set/Reset Deadlines: Response to Motion for Summary Judgment due by 3/20/2014. (zmm, ) (Entered: 03/24/2014)
2014-04-08	29	First MOTION for Extension of Time to File Defendant's Opposition/Reply to Plaintiff's Opposition/Cross Motion to Defendant's Motion for Summary Judgment by DEPARTMENT OF JUSTICE (Adebonojo, Kenneth) (Entered: 04/08/2014)
2014-04-09		MINUTE ORDER granting 29 defendant's Motion for Extension of Time up to and including May 9, 2014 to file opposition to plaintiffs' cross motion and/or reply to plaintiffs' opposition. Signed by Judge Paul L. Friedman on April 9, 2014. (MA) (Entered: 04/09/2014)
2014-04-09		Set/Reset Deadlines: Response to Cross Motion and/or Reply to Plaintiffs' Opposition due by 5/9/2014. (zmm, ) (Entered: 04/09/2014)
2014-04-29		MINUTE ORDER granting nunc pro tunc 26 plaintiffs' motion for leave to file nine additional pages beyond the 45-page limit imposed by the local civil rules. Signed by Judge Paul L. Friedman on April 29, 2014. (MA) (Entered: 04/29/2014)
2014-05-08	30	MOTION for Extension of Time to File Defendant's Opposition/Reply to Plaintiffs' Cross-Motion/Opposition to Defendant's Motion for Summary Judgment by DEPARTMENT OF JUSTICE (Adebonojo, Kenneth) (Entered: 05/08/2014)
2014-05-09		MINUTE ORDER granting 30 defendant's Motion for Extension of Time. Defendants shall file their opposition to plaintiffs' cross motion and/or reply to plaintiffs' opposition on or before May 19, 2014; and plaintiffs' response pleading will be due on or before June 17, 2014. Signed by Judge Paul L. Friedman on May 9, 2014. (MA) (Entered: 05/09/2014)
2014-05-12		Set/Reset Deadlines: Response to Cross Motion due by 5/19/2014. Reply to Motion for Summary Judgment due by 5/19/2014. Reply to Cross Motions due by 6/17/2014. (zmm, ) (Entered: 05/12/2014)
2014-05-19	31	REPLY to opposition to motion re 21 MOTION for Summary Judgment filed by DEPARTMENT OF JUSTICE. (Attachments: # 1 Exhibit 1 & 2)(Adebonojo, Kenneth) (Entered: 05/19/2014)
2014-05-19	32	Memorandum in opposition to re 28 Cross MOTION for Summary Judgment (Partial) filed by DEPARTMENT OF JUSTICE. (Adebonojo, Kenneth) (Entered: 05/19/2014)
2014-05-19	33	MOTION for Leave to File First In Camera, Ex Parte and Third Overall Declaration of David M. Hardy by DEPARTMENT OF JUSTICE (Adebonojo, Kenneth) (Entered: 05/19/2014)
2014-06-05	34	Consent MOTION for Extension of Time to File Response/Reply as to 33 MOTION for Leave to File First In Camera, Ex Parte and Third Overall Declaration of David M. Hardy by NATIONAL SECURITY COUNSELORS, RYAN NOAH SHAPIRO, JEFFREY STEIN, TRUTHOUT (Attachments: # 1 Text of Proposed Order)(Light, Jeffrey) (Entered: 06/05/2014)
2014-06-06		MINUTE ORDER granting 34 plantiffs' consent Motion for Extension of Time up to and including June 17, 2014 to file their opposition to defendant's motion for leave to submit an ex parte, in camera declaration; defendant shall have up to and including July 25, 2014 to file its reply. Signed by Judge Paul L. Friedman on June 6, 2014. (MA) (Entered: 06/06/2014)
2014-06-10		Set/Reset Deadlines: Response to motion for leave to submit ex parte, in camera declaration due by 6/17/2014. Reply due by 7/25/2014. (zmm, ) (Entered: 06/10/2014)
2014-06-17	35	Consent MOTION for Extension of Time to File Response/Reply as to 33 MOTION for Leave to File First In Camera, Ex Parte and Third Overall Declaration of David M. Hardy , 28 Cross MOTION for Summary Judgment (Partial) by NATIONAL SECURITY COUNSELORS, RYAN NOAH SHAPIRO, JEFFREY STEIN, TRUTHOUT (Attachments: # 1 Text of Proposed Order)(McClanahan, Kelly) (Entered: 06/17/2014)
2014-06-18		MINUTE ORDER granting 35 plaintiffs' consent Motion for Extension of Time up to and including June 19, 2014 to file their reply in support of their cross motion for partial summary judgment and their opposition to defendant's motion for leave to submit an ex parte, in camera declaration. Signed by Judge Paul L. Friedman on June 18, 2014. (MA) (Entered: 06/18/2014)
2014-06-19	36	Memorandum in opposition to re 33 MOTION for Leave to File First In Camera, Ex Parte and Third Overall Declaration of David M. Hardy filed by NATIONAL SECURITY COUNSELORS, RYAN NOAH SHAPIRO, JEFFREY STEIN, TRUTHOUT. (Attachments: # 1 Text of Proposed Order)(Light, Jeffrey) (Entered: 06/19/2014)
2014-06-19	37	REPLY to opposition to motion re 28 Cross MOTION for Summary Judgment (Partial) filed by NATIONAL SECURITY COUNSELORS, RYAN NOAH SHAPIRO, JEFFREY STEIN, TRUTHOUT. (McClanahan, Kelly) (Entered: 06/19/2014)
2014-06-19	38	MOTION for Leave to File Sur-reply by NATIONAL SECURITY COUNSELORS, RYAN NOAH SHAPIRO, JEFFREY STEIN, TRUTHOUT (Attachments: # 1 Exhibit Sur-reply, # 2 Text of Proposed Order)(Light, Jeffrey) (Entered: 06/19/2014)
2014-06-30	39	MOTION for Extension of Time to File Defendant's Opposition to Plaintiff's Motion for Leave to File a Surreply by DEPARTMENT OF JUSTICE (Adebonojo, Kenneth) (Entered: 06/30/2014)
2014-07-01		MINUTE ORDER granting 39 defendant's Motion for Extension of Time up to and including July 25, 2014 to file its opposition to plaintiff's motion for leave to file a surreply. Signed by Judge Paul L. Friedman on July 1, 2014. (MA) (Entered: 07/01/2014)
2014-07-02		Set/Reset Deadlines: Response to motion for leave to file surreply due by 7/25/2014. (zmm, ) (Entered: 07/02/2014)
2014-07-25	40	ORDER granting 33 the government's motion for leave to submit an ex parte, in camera declaration. Signed by Judge Paul L. Friedman on July 25, 2014. (MA) (Entered: 07/25/2014)
2014-10-07		MINUTE ORDER granting 38 plaintiffs' motion for leave to file a sur-reply, to which no opposition was filed. Signed by Judge Paul L. Friedman on October 7, 2014. (lcplf3) (Entered: 10/07/2014)
2014-10-08	41	SURREPLY to re 21 MOTION for Summary Judgment filed by NATIONAL SECURITY COUNSELORS, RYAN NOAH SHAPIRO, JEFFREY STEIN, TRUTHOUT. (td, ) (Entered: 10/08/2014)
2014-11-18		Case randomly reassigned to Judge Randolph D. Moss. Judge Paul L. Friedman no longer assigned to the case. (gt, ) (Entered: 11/18/2014)
2015-11-18		MINUTE ORDER: It is hereby ORDERED that the parties shall appear for oral argument on the parties' cross-motions for summary judgment 21 , 27 on December 7, 2015, at 2:00 p.m. in Courtroom 21. If the parties wish to submit supplemental briefing addressing any intervening caselaw since the filing of their cross-motions for summary judgment, they may submit supplemental briefs of no more than 10 pages in length, on or before December 4, 2015, at 5:00 p.m. Signed by Judge Randolph D. Moss on 11/18/2015. (lcrdm2, ) (Entered: 11/18/2015)
2015-11-19		Set/Reset Deadline/Hearing: Supplemental briefs of no more than 10 pages in length, due on or before 12/4/2015. A Motion Hearing is set for 12/7/2015, at 2:00 PM, in Courtroom 21, before Judge Randolph D. Moss. (kt) (Entered: 11/19/2015)
2015-11-23		MINUTE ORDER: The parties are hereby ordered to confer and to submit to the Court the Bates-numbered documents produced to the plaintiffs in response to FOIPA Request No. 1182250-000, see Dkt. 21-3 at 29, on or before December 1, 2015. Signed by Judge Randolph D. Moss on 11/23/2015. (lcrdm2, ) (Entered: 11/23/2015)
2015-11-23		Set/Reset Deadline: The parties are to confer and to submit to the Court the Bates-numbered documents produced to the plaintiffs in response to FOIPA Request No. 1182250-000, see Dkt. 21-3 at 29, on or before 12/1/2015. (kt) (Entered: 11/23/2015)
2015-12-01	42	NOTICE of Filing of Bates-Numbered Response to Plaintiff's FOIA Request by DEPARTMENT OF JUSTICE (Attachments: # 1 Exhibit)(Adebonojo, Kenneth) (Entered: 12/01/2015)
2015-12-04	43	NOTICE OF SUPPLEMENTAL AUTHORITY by DEPARTMENT OF JUSTICE (Adebonojo, Kenneth) (Entered: 12/04/2015)
2015-12-07		Minute Entry for proceedings held before Judge Randolph D. Moss: Motion Hearing held on 12/7/2015 re: 28 Cross MOTION for Summary Judgment (Partial) filed by TRUTHOUT, NATIONAL SECURITY COUNSELORS, JEFFREY STEIN, RYAN NOAH SHAPIRO, 21 MOTION for Summary Judgment filed by DEPARTMENT OF JUSTICE. Matter taken under advisement. (Court Reporter: Jeff Hook). (kt) (Entered: 12/07/2015)
2015-12-08	44	NOTICE OF SUPPLEMENTAL AUTHORITY by JEFFREY STEIN (Attachments: # 1 Exhibit P - OGIS letter, # 2 Exhibit Q - OIP letter)(McClanahan, Kelly) (Entered: 12/08/2015)
2015-12-08	45	NOTICE of Clarification by NATIONAL SECURITY COUNSELORS, RYAN NOAH SHAPIRO, JEFFREY STEIN, TRUTHOUT re Motion Hearing, (McClanahan, Kelly) (Entered: 12/08/2015)
2015-12-11	46	RESPONSE re 44 NOTICE OF SUPPLEMENTAL AUTHORITY filed by DEPARTMENT OF JUSTICE. (Adebonojo, Kenneth) (Entered: 12/11/2015)
2015-12-14	47	REPLY re 44 NOTICE OF SUPPLEMENTAL AUTHORITY filed by JEFFREY STEIN. (McClanahan, Kelly) Modified on 12/15/2015 to correct linkage(zrdj). (Entered: 12/14/2015)
2016-01-22	48	MEMORANDUM AND OPINION: The FBI's motion for summary judgment 21 is GRANTED in part and DENIED in part. The plaintiffs' cross-motion for partial summary judgment 28 is GRANTED in part and DENIED in part. A separate Order will issue following the status conference in this matter. See Memorandum Opinion for details. Signed by Judge Randolph D. Moss on 1/22/2016. (lcrdm2, ) (Entered: 01/22/2016)
2016-01-22		MINUTE ORDER: The parties shall appear for a status conference in this matter on February 3, 2016, at 2:00 p.m., in Courtroom 21. The parties shall be prepared to discuss the remaining issues identified in the Court's Memorandum Opinion 48 . A separate Order will issue following the status conference. Signed by Judge Randolph D. Moss on 1/22/2016. (lcrdm2, ) (Entered: 01/22/2016)
2016-01-27		Set/Reset Hearing: A Status Conference is set for 2/3/2016, at 2:00 PM, in Courtroom 21, before Judge Randolph D. Moss. (kt) (Entered: 01/27/2016)
2016-02-01	49	MOTION to Continue Status Conference Scheduled for February 3, 2016 at 2 p.m. by DEPARTMENT OF JUSTICE (Adebonojo, Kenneth) (Entered: 02/01/2016)
2016-02-02		MINUTE ORDER: Defendant's motion to continue the status conference currently scheduled for February 3, 2016, is hereby GRANTED in part and DENIED in part. The status conference is hereby VACATED and RESCHEDULED for February 26, 2016, at 10:00 a.m., in Courtroom 21. Signed by Judge Randolph D. Moss on 2/2/2016. (lcrdm2, ) (Entered: 02/02/2016)
2016-02-02		Set/Reset Hearing: The Status Conference set for 2/3/2016 is VACATED and RESCHEDULED for 2/26/2016, at 10:00 AM, in Courtroom 21, before Judge Randolph D. Moss. (kt) (Entered: 02/02/2016)
2016-02-26		Minute Entry for proceedings held before Judge Randolph D. Moss: Status Conference held on 2/26/2016. Order forthcoming. (Court Reporter: Jeff Hook). (kt) (Entered: 02/26/2016)
2016-02-26	50	ORDER: It is hereby ORDERED that the parties shall (1) meet and confer, on or before March 4, 2016, with respect to the issues raised by the Court's Memorandum Opinion 48 and any additional issues raised at the February 26, 2016 status conference; and (2) submit a joint status report to the Court setting out their positions with respect to the issues raised in the Court's Opinion and the attached Order on or before March 11, 2016. See Order for details. Signed by Judge Randolph D. Moss on 2/26/2016. (lcrdm2, ) (Entered: 02/26/2016)
2016-02-26		Set/Reset Deadlines: The parties shall meet and confer, on or before 3/4/2016, and submit a joint status report to the Court on or before 3/11/2016. (kt) (Entered: 02/26/2016)
2016-03-11	51	Joint STATUS REPORT by NATIONAL SECURITY COUNSELORS, RYAN NOAH SHAPIRO, JEFFREY STEIN, TRUTHOUT. (Attachments: # 1 Declaration Hardy (Fourth))(Light, Jeffrey) (Entered: 03/11/2016)
2016-03-29	52	TRANSCRIPT OF PROCEEDINGS before Judge Randolph D. Moss held on December 7, 2015; Page Numbers 1 - 104; Date of Issuance: March 28, 2016; Court Reporter/Transcriber: Jeff Hook; Telephone number: 202-354-3373. Transcripts may be ordered by submitting the Transcript Order Form. For 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 4/19/2016. Redacted Transcript Deadline set for 4/29/2016. Release of Transcript Restriction set for 6/27/2016.(Hook, Jeff) (Entered: 03/29/2016)
2016-04-08	53	MEMORANDUM OPINION AND ORDER: Upon consideration of the joint report 51 , the Court hereby ORDERS that (1) on or before May 10, 2016, the FBI shall produce all responsive records in this case except (a) those records the Court determined were properly withheld in its January 22, 2016 opinion, (b) those records about which the Court previously directed further briefing, and (c) those records that the FBI believes would, if released, compromise national security or sensitive, personal, private information; (2) on or before May 10, 2016, the FBI shall submit a renewed motion for summary judgment, supplemented by further evidentiary submissions, regarding those records that it intends to withhold consistent with the Court's January 22, 2016 opinion and this Order; (3) the plaintiffs may file a renewed cross-motion for summary judgment and opposition to the FBI's renewed motion for summary judgment, limited to the issues described above and the propriety of declaratory and injunctive relief, on or before June 7, 2016; (4) the FBI may file a reply in support of its renewed motion for summary judgment and opposition to the plaintiffs' cross-motion for summary judgment on or before July 5, 2016; (5) the plaintiffs may file a reply in support of their cross-motion for summary judgment on or before July 19, 2016; and (6) if the FBI seeks to stay any of the production obligations outlined in this Order, it shall file a motion to that effect on or before April 29, 2016. See Memorandum Opinion and Order for more details. Signed by Judge Randolph D. Moss on 4/8/2016. (lcrdm2, ) (Main Document 53 replaced on 4/11/2016) (kt). (Entered: 04/08/2016)
2016-04-08		Set/Reset Deadlines: On or before 5/10/2016, the FBI shall produce all responsive records in this case; On or before 5/10/2016, the FBI shall submit a renewed motion for summary judgment; Plaintiffs may file a renewed cross-motion for summary judgment and opposition to the FBI's renewed motion for summary judgment, limited to the issues described above and the propriety of declaratory and injunctive relief, on or before 6/7/2016; The FBI may file a reply in support of its renewed motion for summary judgment and opposition to the plaintiffs' cross-motion for summary judgment on or before 7/5/2016; The plaintiffs may file a reply in support of their cross-motion for summary judgment on or before 7/19/2016; The FBI seeks to stay any of the production obligations outlined in this Order, it shall file a motion to that effect on or before 4/29/2016. (kt) (Entered: 04/08/2016)
2016-04-08	54	MOTION to Modify 1/22/16 Memorandum Opinion by JEFFREY STEIN (Attachments: # 1 Exhibit A - Release letter, # 2 Exhibit B - Adebonojo-McClanahan email, # 3 Text of Proposed Order)(McClanahan, Kelly) (Entered: 04/08/2016)
2016-04-09		MINUTE ORDER: Plaintiffs have advised the Court that there remains a live dispute as to the extent of Plaintiff Stein's entitlement, if any, to records responsive to his third request under the relevant regulations. If the parties wish to brief this issue, they may do so in their renewed motions for summary judgment, according to the schedule set out in the Court's April 8, 2016 Opinion and Order 53 , and the Court will adjudicate it at the appropriate time. Signed by Judge Randolph D. Moss on 4/9/2016. (lcrdm2, ) Modified on 4/11/2016 to correct linked document number(kt). (Entered: 04/09/2016)
2016-05-06	55	MOTION for Reconsideration re 53 Memorandum & Opinion,,,,,, , MOTION to Stay (Defendant's Motion for Reconsideration and for a Stay following Final Judgment) by DEPARTMENT OF JUSTICE (Attachments: # 1 Memorandum in Support)(Adebonojo, Kenneth) (Entered: 05/06/2016)
2016-05-09		MINUTE ORDER: Upon consideration of the FBI's motion for reconsideration 55 , the Court hereby ORDERS that: (1) The May 10, 2016 deadline for the production of documents set out in the Court's April 8, 2016 Opinion is temporarily stayed with respect to those documents that would be impacted by the pending motion for reconsideration. All documents not impacted by the pending motion shall be produced on schedule. (2) The plaintiffs may file an opposition to the FBI's motion for reconsideration on or before May 13, 2016. (3) The FBI may file a reply in support of its motion for reconsideration on or before May 17, 2016. (4) The parties shall appear for a hearing on the motion for reconsideration on May 19, 2016, at 2:00 p.m., in Courtroom 21. Signed by Judge Randolph D. Moss on 5/9/2016. (lcrdm2, ) (Entered: 05/09/2016)
2016-05-09		Set/Reset Deadlines/Hearings: The plaintiffs may file an opposition to the FBI's motion for reconsideration on or before 5/13/2016; The FBI may file a reply in support of its motion for reconsideration on or before 5/17/2016. A Motion Hearing is set for 5/19/2016, at 2:00 PM, in Courtroom 21, before Judge Randolph D. Moss. (kt) (Entered: 05/09/2016)
2016-05-10	56	MOTION for Leave to File (Defendant's Motion for Leave to Submit an Ex Parte, In Camera Declaration and Memorandum in Support Thereof) by DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Adebonojo, Kenneth) (Entered: 05/10/2016)
2016-05-10	57	MOTION for Summary Judgment (Renewed) and Opposition to Plaintiff's Motion to Amend, ECF No. 54 by DEPARTMENT OF JUSTICE (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Declaration of David M. Hardy, Esq., # 4 Exhibit A to Declaration of David M. Hardy, Esq.)(Adebonojo, Kenneth) (Entered: 05/10/2016)
2016-05-10	58	MOTION for Leave to File Motion for Partial Stay or Motion to Enlarge Nunc Pro Tunc by DEPARTMENT OF JUSTICE (Attachments: # 1 Exhibit A (Motion for Partial Stay))(Adebonojo, Kenneth) (Entered: 05/10/2016)
2016-05-10	59	Memorandum in opposition to re 54 MOTION to Modify 1/22/16 Memorandum Opinion filed by DEPARTMENT OF JUSTICE. (See Docket Entry 57 to view document). (znmw) (Entered: 05/11/2016)
2016-05-11		MINUTE ORDER: The FBI's motion for leave to file a motion for a partial stay 58 is hereby GRANTED. The FBI's motion for a partial stay [58-1] is deemed FILED. The plaintiffs shall file any opposition to the motion for a partial stay on or before May 17, 2016, and the parties shall be prepared to discuss the pending motion at the May 19, 2016 motion hearing. The production obligations discussed in the motion for a partial stay are hereby temporarily stayed pending further order of the Court. Signed by Judge Randolph D. Moss on 5/11/2016. (lcrdm2, ) (Entered: 05/11/2016)
2016-05-11		Set/Reset Deadlines: The plaintiffs shall file any opposition to the motion for a partial stay on or before 5/17/2016. (kt) (Entered: 05/11/2016)
2016-05-11	60	MOTION partial Stay by DEPARTMENT OF JUSTICE (zrdj) (Entered: 05/12/2016)
2016-05-13	61	Memorandum in opposition to re 55 MOTION for Reconsideration re 53 Memorandum & Opinion,,,,,, MOTION to Stay (Defendant's Motion for Reconsideration and for a Stay following Final Judgment) filed by NATIONAL SECURITY COUNSELORS, RYAN NOAH SHAPIRO, JEFFREY STEIN, TRUTHOUT. (Attachments: # 1 Text of Proposed Order)(Light, Jeffrey) (Entered: 05/13/2016)
2016-05-13	62	Memorandum in opposition to re 60 MOTION to Stay filed by NATIONAL SECURITY COUNSELORS, RYAN NOAH SHAPIRO, JEFFREY STEIN, TRUTHOUT. (Attachments: # 1 Text of Proposed Order)(Light, Jeffrey) (Entered: 05/13/2016)
2016-05-17	63	REPLY to opposition to motion re 55 MOTION for Reconsideration re 53 Memorandum & Opinion,,,,,, MOTION to Stay (Defendant's Motion for Reconsideration and for a Stay following Final Judgment) filed by DEPARTMENT OF JUSTICE. (Adebonojo, Kenneth) (Entered: 05/17/2016)
2016-05-19		MINUTE ORDER: For the reasons stated on the record during the May 19, 2016 motion hearing, the FBI's motion for leave to file an ex parte, in camera declaration 56 is hereby GRANTED. Signed by Judge Randolph D. Moss on 5/19/2016. (lcrdm2, ) (Entered: 05/19/2016)
2016-05-19		Minute Entry for proceedings held before Judge Randolph D. Moss: Motion Hearing held on 5/19/2016 re 55 MOTION for Reconsideration, 56 MOTION for Leave to File Defendant's Motion for Leave to Submit an Ex Parte, In Camera Declaration and Memorandum in Support Thereof filed by DEPARTMENT OF JUSTICE, and 60 MOTION to Stay filed by DEPARTMENT OF JUSTICE. 56 MOTION for Leave to File Defendant's Motion for Leave to Submit an Ex Parte, In Camera Declaration and Memorandum in Support Thereof filed by DEPARTMENT OF JUSTICE is hereby GRANTED. Motions 55 and 60 are taken under advisement. (Court Reporter Bryan Wayne.) (zsm) Modified on 5/20/2016 (zsm). (Entered: 05/20/2016)
2016-05-20	64	NOTICE OF SUPPLEMENTAL AUTHORITY by NATIONAL SECURITY COUNSELORS, RYAN NOAH SHAPIRO, JEFFREY STEIN, TRUTHOUT (Light, Jeffrey) (Entered: 05/20/2016)
2016-05-25	65	MEMORANDUM OPINION AND ORDER: For the reasons stated in this Memorandum Opinion, the Court hereby ORDERS that: (1) The FBI's motion for reconsideration 55 is hereby GRANTED in part and DENIED in part. (2) The FBI's motion for a partial stay 60 is hereby GRANTED in part and DENIED in part. The FBI's obligation to produce the case evaluation forms to the plaintiffs is hereby STAYED through and until July 25, 2016, or, if the FBI files a notice of appeal by that date, pending appeal. (3) If the FBI does not file a notice of appeal by July 25, 2016, it shall produce the case evaluation forms to the plaintiffs on or before that date. (4) The FBI shall produce the records to plaintiff Shapiro that would otherwise only be impacted by the FBI's late assertion of the Exemption 5 deliberative-process privilege on or before July 25, 2016. If the FBI files a notice of appeal as to this specific production obligation, the order set out in this paragraph is stayed pending appeal. (5) The briefing schedule entered on April 8, 2016, remains in place. See document for details. Signed by Judge Randolph D. Moss on 5/25/2016. (lcrdm2, ) (Entered: 05/25/2016)
2016-06-06	66	Unopposed MOTION for Extension of Time to File Response/Reply as to 57 MOTION for Summary Judgment (Renewed) and Opposition to Plaintiff's Motion to Amend, ECF No. 54 by NATIONAL SECURITY COUNSELORS, RYAN NOAH SHAPIRO, JEFFREY STEIN, TRUTHOUT (Attachments: # 1 Text of Proposed Order)(Light, Jeffrey) (Entered: 06/06/2016)
2016-06-06		MINUTE ORDER: Plaintiffs' motion for an extension of time 66 is hereby GRANTED. Plaintiffs shall file their opposition to the FBI's renewed motion for summary judgment and their renewed cross-motion for summary judgment on or before July 15, 2016. The FBI shall file its reply in support of its renewed motion for summary judgment and opposition to Plaintiffs' renewed cross-motion for summary judgment on or before August 12, 2016. Plaintiffs shall file any reply in support of their renewed cross-motion for summary judgment on or before August 26, 2016. Signed by Judge Randolph D. Moss on 6/6/2016. (lcrdm2, ) (Entered: 06/06/2016)
2016-06-07		Set/Reset Deadlines: Plaintiffs shall file their opposition to the FBI's renewed motion for summary judgment and their renewed cross-motion for summary judgment on or before 7/15/2016; The FBI shall file its reply in support of its renewed motion for summary judgment and opposition to Plaintiffs' renewed cross-motion for summary judgment on or before 8/12/2016; Plaintiffs shall file any reply in support of their renewed cross-motion for summary judgment on or before 8/26/2016. (kt) (Entered: 06/07/2016)
2016-07-15	67	Memorandum in opposition to re 57 MOTION for Summary Judgment (Renewed) and Opposition to Plaintiff's Motion to Amend, ECF No. 54 filed by NATIONAL SECURITY COUNSELORS, RYAN NOAH SHAPIRO, JEFFREY STEIN, TRUTHOUT. (Attachments: # 1 Text of Proposed Order, # 2 Statement of Facts, # 3 Exhibit 1-9, # 4 Exhibit 10, # 5 Declaration Ryan Noah Shapiro)(Light, Jeffrey) (Entered: 07/15/2016)
2016-07-16	68	Cross MOTION for Summary Judgment by NATIONAL SECURITY COUNSELORS, RYAN NOAH SHAPIRO, JEFFREY STEIN, TRUTHOUT (Attachments: # 1 Statement of Facts, # 2 Text of Proposed Order, # 3 Exhibit 1-9, # 4 Exhibit 10, # 5 Declaration Ryan Noah Shapiro)(Light, Jeffrey) (Entered: 07/16/2016)
2016-07-22	69	NOTICE OF APPEAL TO DC CIRCUIT COURT as to 53 Memorandum & Opinion,,,,,, 65 Memorandum & Opinion,,,, 48 Memorandum & Opinion, by DEPARTMENT OF JUSTICE. Fee Status: No Fee Paid. Parties have been notified. (Adebonojo, Kenneth) (Entered: 07/22/2016)
2016-07-25	70	Transmission of the Notice of Appeal, Order Appealed, and Docket Sheet to US Court of Appeals. The Court of Appeals docketing fee was not paid because the fee was an Appeal by the Government re 69 Notice of Appeal to DC Circuit Court. (zrdj) (Entered: 07/25/2016)
2016-08-03		USCA Case Number 16-5226 for 69 Notice of Appeal to DC Circuit Court filed by DEPARTMENT OF JUSTICE. (zrdj) (Entered: 08/03/2016)
2016-08-11	71	Consent MOTION for Extension of Time to File Defendant's Opposition to Plaintiffs' Cross Motion for Summary Judgment and Reply to Plaintiffs' Opposition to Defendant's Renewed Motion for Summary Judgment by DEPARTMENT OF JUSTICE (Adebonojo, Kenneth) (Entered: 08/11/2016)
2016-08-12		MINUTE ORDER: Upon consideration of defendant's consent motion for an extension of time 71 , the motion is hereby GRANTED, and it is further ORDERED that defendant shall file its opposition to plaintiffs' cross-motion for summary judgment and reply to plaintiffs' opposition to defendant's renewed motion for summary judgment on or before September 13, 2016, and that plaintiffs may file their responsive pleading on or before September 30, 2016. Signed by Judge Randolph D. Moss on 8/12/2016. (lcrdm2, ) (Entered: 08/12/2016)
2016-08-12		Set/Reset Deadlines: Defendant shall file its opposition to plaintiffs' cross-motion for summary judgment and reply to plaintiffs' opposition to defendant's renewed motion for summary judgment on or before 9/13/2016, and that plaintiffs may file their responsive pleading on or before 9/30/2016. (kt) (Entered: 08/12/2016)
2016-09-12	72	Final MOTION for Extension of Time to File Defendant's Opposition to Plaintiffs' Cross-Motion for Summary Judgment and Reply to Plaintiffs' Opposition to Defendant's Motion for Summary Judgment by DEPARTMENT OF JUSTICE (Adebonojo, Kenneth) (Entered: 09/12/2016)
2016-09-13		MINUTE ORDER: Upon consideration of the defendant's motion for an extension of time 72 , the motion is GRANTED, and defendant may file its opposition to plaintiff's cross-motion for summary judgment and reply to plaintiff's opposition to defendant's motion for summary judgment on or before September 20, 2016. Signed by Judge Randolph D. Moss on 9/13/2016. (lcrdm2, ) (Entered: 09/13/2016)
2016-09-13		Set/Reset Deadlines: Defendant may file its opposition to plaintiff's cross-motion for summary judgment and reply to plaintiff's opposition to defendant's motion for summary judgment on or before 9/20/2016. (kt) (Entered: 09/13/2016)
2016-09-20	73	MOTION for Extension of Time to (FOR ONE DAY) File a Reply to Plaintiffs' Opposition to Defendant's Motion for Summary Judgment and Opposition to Plaintiffs' Cross Motion for Summary Judgment by DEPARTMENT OF JUSTICE (Adebonojo, Kenneth) (Entered: 09/20/2016)
2016-09-21		MINUTE ORDER: Upon consideration of the defendant's motion for an extension of time 73 , the motion is GRANTED, and defendant may file its opposition to plaintiff's cross-motion for summary judgment and reply to plaintiff's opposition to defendant's motion for summary judgment on or before September 21, 2016. Signed by Judge Randolph D. Moss on 9/20/2016. (lcrdm2, ) (Entered: 09/21/2016)
2016-09-21		Set/Reset Deadlines: Defendant may file its opposition to plaintiff's cross-motion for summary judgment and reply to plaintiff's opposition to defendant's motion for summary judgment on or before 9/21/2016. (kt) (Entered: 09/21/2016)
2016-09-21	74	Memorandum in opposition to re 68 Cross MOTION for Summary Judgment filed by DEPARTMENT OF JUSTICE. (Attachments: # 1 Statement of Facts (counter), # 2 Declaration Exhibit A)(Adebonojo, Kenneth) (Entered: 09/21/2016)
2016-09-21	75	MOTION for Leave to File to File Ex Parte In Camera Eighth Declaration of David M. Hardy by DEPARTMENT OF JUSTICE (Attachments: # 1 Exhibit A)(Adebonojo, Kenneth) (Entered: 09/21/2016)
2016-09-22	76	REPLY to opposition to motion re 68 Cross MOTION for Summary Judgment filed by DEPARTMENT OF JUSTICE. (Adebonojo, Kenneth) (Entered: 09/22/2016)
2016-09-30	77	Consent MOTION for Extension of Time to File Response/Reply as to 68 Cross MOTION for Summary Judgment by NATIONAL SECURITY COUNSELORS, RYAN NOAH SHAPIRO, JEFFREY STEIN, TRUTHOUT (Attachments: # 1 Text of Proposed Order)(Light, Jeffrey) (Entered: 09/30/2016)
2016-10-03		MINUTE ORDER: Upon consideration of plaintiffs' consent motion for an extension of time, the motion is GRANTED, and it is ORDERED that plaintiffs may file their reply in support of their cross-motion for summary judgment on or before October 10, 2016. Signed by Judge Randolph D. Moss on 10/3/2016. (lcrdm2, ) (Entered: 10/03/2016)
2016-10-03		Set/Reset Deadlines: Plaintiffs may file their reply in support of their cross-motion for summary judgment on or before 10/10/2016. (kt) (Entered: 10/03/2016)
2016-10-11	78	MOTION for Extension of Time to File Response/Reply as to 68 Cross MOTION for Summary Judgment by NATIONAL SECURITY COUNSELORS, RYAN NOAH SHAPIRO, JEFFREY STEIN, TRUTHOUT (Attachments: # 1 Text of Proposed Order)(Light, Jeffrey) (Entered: 10/11/2016)
2016-10-11	79	Memorandum in opposition to re 75 MOTION for Leave to File to File Ex Parte In Camera Eighth Declaration of David M. Hardy filed by NATIONAL SECURITY COUNSELORS, RYAN NOAH SHAPIRO, JEFFREY STEIN, TRUTHOUT. (Attachments: # 1 Text of Proposed Order)(McClanahan, Kelly) (Entered: 10/12/2016)
2016-10-12	80	Cross MOTION to Strike 31 Reply to opposition to Motion, 75 MOTION for Leave to File to File Ex Parte In Camera Eighth Declaration of David M. Hardy , 57 MOTION for Summary Judgment (Renewed) and Opposition to Plaintiff's Motion to Amend, ECF No. 54 or Make Public Portions of the Third, Sixth, and Eighth Hardy Declarations by NATIONAL SECURITY COUNSELORS, RYAN NOAH SHAPIRO, JEFFREY STEIN, TRUTHOUT (Attachments: # 1 Text of Proposed Order)(McClanahan, Kelly) (Entered: 10/12/2016)
2016-10-12		MINUTE ORDER: Upon consideration of plaintiff's motion for an extension of time 78 , the motion is GRANTED, and it is ORDERED that plaintiffs may file a reply in support of their cross-motion for summary judgment on or before October 18, 2016. Signed by Judge Randolph D. Moss on 10/12/2016. (lcrdm2, ) (Entered: 10/12/2016)
2016-10-12		MINUTE ORDER: Upon consideration of plaintiffs' cross-motion to strike 80 , the motion is DENIED without prejudice for failure to comply with the meet and confer requirement set forth in LCvR 7(m). Plaintiffs assert that opposing counsel could not be reached to obtain a position and that they assume that counsel for the Department of Justice will oppose the motion. They fail to explain, however. what efforts they made to attempt to contact opposing counsel. Efforts to contact opposing counsel on the day of a filing, for example, are not sufficient except in extraordinary circumstances. Nor is it sufficient for Plaintiffs' to speculate that opposing counsel will categorically oppose the relief requested. The point of the rule is require that the moving party make a good faith effort at resolving or narrowing issues before bringing them to the Court. After doing so, Plaintiffs may renew their motion. Signed by Judge Randolph D. Moss on 10/12/2016. (lcrdm2, ) (Entered: 10/12/2016)
2016-10-12		Set/Reset Deadlines: Plaintiffs may file a reply in support of their cross-motion for summary judgment on or before 10/18/2016. (kt) (Entered: 10/12/2016)
2016-10-12	81	Cross MOTION to Strike 31 Reply to opposition to Motion, 75 MOTION for Leave to File to File Ex Parte In Camera Eighth Declaration of David M. Hardy , 57 MOTION for Summary Judgment (Renewed) and Opposition to Plaintiff's Motion to Amend, ECF No. 54 or Make Public Portions of the 3rd, 6th, and 8th Hardy Declarations by NATIONAL SECURITY COUNSELORS, RYAN NOAH SHAPIRO, JEFFREY STEIN, TRUTHOUT (Attachments: # 1 Text of Proposed Order)(McClanahan, Kelly) (Entered: 10/12/2016)
2016-10-18	82	Consent MOTION for Extension of Time to File Response/Reply as to 68 Cross MOTION for Summary Judgment by NATIONAL SECURITY COUNSELORS, RYAN NOAH SHAPIRO, JEFFREY STEIN, TRUTHOUT (Attachments: # 1 Text of Proposed Order)(Light, Jeffrey) (Entered: 10/18/2016)
2016-10-21		MINUTE ORDER: Upon consideration of plaintiffs' motion for an extension of time, the motion is GRANTED, and plaintiffs may file a reply in support of their cross-motion for summary judgment on or before October 25, 2016. Signed by Judge Randolph D. Moss on 10/21/2016. (lcrdm2, ) (Entered: 10/21/2016)
2016-10-21		Set/Reset Deadlines: Plaintiffs may file a reply in support of their cross-motion for summary judgment on or before 10/25/2016. (kt) (Entered: 10/21/2016)
2016-10-21	83	Consent MOTION for Extension of Time to File a Reply to Plaintiffs' Opposition to Defendant's Motion for Leave to File in Camera and Opposition to Plaintiffs' Cross Motion to Strike by DEPARTMENT OF JUSTICE (Adebonojo, Kenneth) (Entered: 10/21/2016)
2016-10-25		MINUTE ORDER: Upon consideration of the consent motion for an extension of time, the motion is GRANTED, and defendants may file their opposition and reply on or before November 15, 2016. Signed by Judge Randolph D. Moss on 10/25/2016. (lcrdm2, ) (Entered: 10/25/2016)
2016-10-25		Set/Reset Deadlines: Defendants may file their opposition and reply on or before 11/15/2016. (kt) (Entered: 10/25/2016)
2016-10-25	84	REPLY to opposition to motion re 68 Cross MOTION for Summary Judgment filed by NATIONAL SECURITY COUNSELORS, RYAN NOAH SHAPIRO, JEFFREY STEIN, TRUTHOUT. (Attachments: # 1 Exhibit 1 - Inconsistent withholding of case numbers, # 2 Exhibit 2 - Discontinuation of 266A-G, # 3 Exhibit 3 - SHAC prior case number disclosures, # 4 Exhibit 4 - Parme prior case number disclosures, # 5 Appendix A - List of previously disclosed case numbers, # 6 Appendix B - List of inconsistently withheld case numbers)(Light, Jeffrey) (Entered: 10/26/2016)
2016-10-26	85	ERRATA by NATIONAL SECURITY COUNSELORS, RYAN NOAH SHAPIRO, JEFFREY STEIN, TRUTHOUT 84 Reply to opposition to Motion,, filed by TRUTHOUT, NATIONAL SECURITY COUNSELORS, JEFFREY STEIN, RYAN NOAH SHAPIRO. (Attachments: # 1 Exhibit Parme prior case number disclosures)(Light, Jeffrey) (Entered: 10/26/2016)
2016-11-15	86	Memorandum in opposition to re 81 Cross MOTION to Strike 31 Reply to opposition to Motion, 75 MOTION for Leave to File to File Ex Parte In Camera Eighth Declaration of David M. Hardy , 57 MOTION for Summary Judgment (Renewed) and Opposition to Plaintiff's Mo filed by DEPARTMENT OF JUSTICE. (Adebonojo, Kenneth) (Entered: 11/15/2016)
2016-11-16	87	REPLY to opposition to motion re 75 MOTION for Leave to File to File Ex Parte In Camera Eighth Declaration of David M. Hardy filed by DEPARTMENT OF JUSTICE. (Adebonojo, Kenneth) (Entered: 11/16/2016)
2016-11-28	88	Consent MOTION for Extension of Time to File Response/Reply as to 81 Cross MOTION to Strike 31 Reply to opposition to Motion, 75 MOTION for Leave to File to File Ex Parte In Camera Eighth Declaration of David M. Hardy , 57 MOTION for Summary Judgment (Renewed) and Opposition to Plaintiff's Mo by NATIONAL SECURITY COUNSELORS, RYAN NOAH SHAPIRO, JEFFREY STEIN, TRUTHOUT (Attachments: # 1 Text of Proposed Order)(McClanahan, Kelly) (Entered: 11/28/2016)
2016-11-28		MINUTE ORDER: Upon consideration of the consent motion for an extension of time 88 , the motion is GRANTED, and it is ORDERED that plaintiffs may file a reply in support of their cross-motion for partial summary judgment on or before November 30, 2016. Signed by Judge Randolph D. Moss on 11/28/2016. (lcrdm2, ) (Entered: 11/28/2016)
2016-11-29		Set/Reset Deadlines: Plaintiffs may file a reply in support of their cross-motion for partial summary judgment on or before 11/30/2016. (kt) (Entered: 11/29/2016)
2016-11-30	89	REPLY to opposition to motion re 81 Cross MOTION to Strike 31 Reply to opposition to Motion, 75 MOTION for Leave to File to File Ex Parte In Camera Eighth Declaration of David M. Hardy , 57 MOTION for Summary Judgment (Renewed) and Opposition to Plaintiff's Mo filed by NATIONAL SECURITY COUNSELORS, RYAN NOAH SHAPIRO, JEFFREY STEIN, TRUTHOUT. (McClanahan, Kelly) (Entered: 11/30/2016)
2016-12-02	90	NOTICE re 56 of Filing of Inadvertently Omitted Exhibit A to ECF No. 56 by DEPARTMENT OF JUSTICE (Attachments: # 1 Exhibit A)(Adebonojo, Kenneth) Modified to add link on 12/5/2016 (znmw). (Entered: 12/02/2016)
2016-12-21	91	ORDER of USCA ORDERED that the motion to hold in abeyance be granted and thatthis case be held in abeyance pending further order of the court. USCA Case Number 16-5226. (zrdj) (Entered: 01/23/2017)
2017-03-06	92	MEMORANDUM OPINION AND ORDER: The FBI's motion for leave to file Hardy's eighth declaration ex parte and in camera 75 is hereby GRANTED; Plaintiffs' motion to strike the eighth Hardy declaration and to make public portions of the third and sixth Hardy declarations 81 is hereby DENIED. The FBI's motion for summary judgment 57 is hereby GRANTED as to the application of Exemption 7(E) to the search processing records relating to the forty-two parent FOIA requests for which Shapiro received No Records responses; as to the application of FOIA Exemption 1; and as to the application of Exemption 5 to the McGehee litigation documents, and to the Zubaydah documents to the extent that they reflect deliberations about the FBI's litigation strategy and defense; and the motion is otherwise DENIED. Plaintiffs' cross-motion for summary judgment 68 is hereby GRANTED as to the application of Exemption 7(A) to records relating to the murder of Dr. Hyram Kitchen, and the motion is otherwise DENIED. See attached document for details. Signed by Judge Randolph D. Moss on 3/6/2017. (lcrdm2, ) (Entered: 03/06/2017)
2017-03-06		MINUTE ORDER: The parties are hereby ORDERED to appear for a status conference at 10:00 a.m. on April 5, 2017, in Courtroom 21. Signed by Judge Randolph D. Moss on 3/6/2017. (lcrdm2, ) (Entered: 03/06/2017)
2017-03-07		Set/Reset Hearings: A Status Conference is set for 4/5/2017, at 10:00 AM, in Courtroom 21, before Judge Randolph D. Moss. (kt) (Entered: 03/07/2017)
2017-04-05		Minute Entry for proceedings held before Judge Randolph D. Moss: Status Conference held on 4/5/2017. Order forthcoming. (Court Reporter: Jeff Hook). (kt) (Entered: 04/05/2017)
2017-05-05	93	NOTICE of Submission of Document (File No. 1146761) for In Camera Review by DEPARTMENT OF JUSTICE (Adebonojo, Kenneth) (Entered: 05/05/2017)
2017-07-31		MINUTE ORDER: The parties are hereby ORDERED to file a joint status report on or before August 14, 2017, advising the Court on the progress of this litigation. Signed by Judge Randolph D. Moss on 7/31/2017. (lcrdm2, ) (Entered: 07/31/2017)
2017-07-31		Set/Reset Deadlines: Joint Status Report on the progress of this litigation due by 8/14/2017. (dot) (Entered: 08/01/2017)
2017-08-14	94	Joint STATUS REPORT Proposing a Briefing Schedule by DEPARTMENT OF JUSTICE. (Adebonojo, Kenneth) (Entered: 08/14/2017)
2017-08-15		MINUTE ORDER: Upon consideration of the parties' Joint Status Report Proposing a Briefing Schedule 94 , it is hereby ORDERED that the parties' proposed briefing schedule shall govern future proceedings in this matter. Defendant shall file a motion for summary judgment on or before September 22, 2017; Plaintiffs shall file an opposition and, if appropriate, cross-motion for summary judgment on or before October 30, 2017; Defendant shall file a reply and opposition on or before November 17, 2017; and Plaintiffs shall file a reply on or before December 11, 2017. Signed by Judge Randolph D. Moss on 8/15/2017. (lcrdm2, ) (Entered: 08/15/2017)
2017-08-15		Set/Reset Deadlines: Defendant's motion for summary judgment due on or before 9/22/2017; Plaintiff's opposition and, if appropriate, cross-motion for summary judgment due on or before 10/30/2017; Defendant's reply and opposition due on or before 11/17/2017; Plaintiff's reply due on or before 12/11/2017. (kt) (Entered: 08/15/2017)
2017-09-21	95	Consent MOTION for Extension of Time to File Defendant's Motion for Summary Judgment by DEPARTMENT OF JUSTICE (Adebonojo, Kenneth) (Entered: 09/21/2017)
2017-09-24		MINUTE ORDER: Upon consideration of Defendant's unopposed Motion To Enlarge Time To File 95 , the motion is hereby GRANTED. The following schedule shall govern further proceedings in this matter: Defendant shall file a motion for summary judgment on or before October 13, 2017; Plaintiffs shall file an opposition and, if appropriate, cross-motion for summary judgment on or before November 20, 2017; Defendant shall file a reply and opposition on or before December 6, 2017; and Plaintiffs shall file a reply on or before December 29, 2017. Signed by Judge Randolph D. Moss on 9/24/2017. (lcrdm2, ) (Entered: 09/24/2017)
2017-09-25		Set/Reset Deadlines: Defendant shall file a motion for summary judgment on or before 10/13/2017; Plaintiffs shall file an opposition and, if appropriate, cross-motion for summary judgment on or before 11/20/2017; Defendant shall file a reply and opposition on or before 12/6/2017; Plaintiffs shall file a reply on or before 12/29/2017. (kt) (Entered: 09/25/2017)
2017-10-13	96	Consent MOTION for Extension of Time to File Defendant's Motion for Summary Judgment by DEPARTMENT OF JUSTICE (Adebonojo, Kenneth) (Entered: 10/13/2017)
2017-10-15		MINUTE ORDER: Upon consideration of Defendant's Motion To Enlarge Time To File 96 , the motion is hereby GRANTED. The following schedule shall govern future proceedings in this matter: Defendant shall file a motion for summary judgment on or before October 20, 2017; Plaintiffs shall file an opposition and, if appropriate, cross-motion for summary judgment on or before November 27, 2017; Defendant shall file a reply and opposition on or before December 13, 2017; and Plaintiffs shall file a reply on or before January 5, 2018. Signed by Judge Randolph D. Moss on 10/15/2017. (lcrdm2, ) (Entered: 10/15/2017)
2017-10-16		Set/Reset Deadlines: Defendant shall file a motion for summary judgment on or before 10/20/2017; Plaintiffs shall file an opposition and, if appropriate, cross-motion for summary judgment on or before 11/27/2017; Defendant shall file a reply and opposition on or before 12/13/2017; Plaintiffs shall file a reply on or before 1/5/2018. (kt) (Entered: 10/16/2017)
2017-10-20	97	MOTION for Summary Judgment by DEPARTMENT OF JUSTICE (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Declaration of David M. Hardy, Esq.)(Adebonojo, Kenneth) (Entered: 10/20/2017)
2017-11-27	98	Memorandum in opposition to re 97 MOTION for Summary Judgment filed by NATIONAL SECURITY COUNSELORS, RYAN NOAH SHAPIRO, JEFFREY STEIN, TRUTHOUT. (Attachments: # 1 Exhibit 1 - Released file numbers, # 2 Exhibit 2 - Kitchen records, # 3 Exhibit 3 - SHAC records, # 4 Exhibit 4 - Parme records, # 5 Exhibit 5 - Truthout Complaint, # 6 Exhibit 6 - Truthout release, # 7 Exhibit 7 - Stein release, # 8 Exhibit 8 - PIO routing slips, # 9 Text of Proposed Order)(McClanahan, Kelly) (Entered: 11/28/2017)
2017-11-28	99	Cross MOTION for Summary Judgment by NATIONAL SECURITY COUNSELORS, RYAN NOAH SHAPIRO, JEFFREY STEIN, TRUTHOUT (Attachments: # 1 Exhibit 1 - Released file numbers, # 2 Exhibit 2 - Kitchen records, # 3 Exhibit 3 - SHAC records, # 4 Exhibit 4 - Parme records, # 5 Exhibit 5 - Truthout Complaint, # 6 Exhibit 6 - Truthout release, # 7 Exhibit 7 - Stein release, # 8 Exhibit 8 - PIO routing slips, # 9 Text of Proposed Order)(McClanahan, Kelly) (Entered: 11/28/2017)
2017-12-13	100	MOTION for Extension of Time to file Defendant's Opposition to Plaintiffs' Cross Motion for Summary Judgment and Reply to Plaintiffs' Oppostion to Defendant's Motion for Summary Judgment by DEPARTMENT OF JUSTICE (Adebonojo, Kenneth) (Entered: 12/13/2017)
2017-12-14		MINUTE ORDER: Upon consideration of Defendant's consent motion for extension 100 , the motion is hereby GRANTED. It is hereby ORDERED that Defendant shall file its opposition and reply on or before January 10, 2018, and Plaintiffs shall file their Reply on or before January 31, 2018. Signed by Judge Randolph D. Moss on 12/14/2017. (lcrdm2, ) (Entered: 12/14/2017)
2017-12-14	101	Memorandum in opposition to re 100 MOTION for Extension of Time to file Defendant's Opposition to Plaintiffs' Cross Motion for Summary Judgment and Reply to Plaintiffs' Oppostion to Defendant's Motion for Summary Judgment filed by NATIONAL SECURITY COUNSELORS, RYAN NOAH SHAPIRO, JEFFREY STEIN, TRUTHOUT. (Attachments: # 1 Exhibit A - Light-Adebonojo email, # 2 Text of Proposed Order)(McClanahan, Kelly) (Entered: 12/14/2017)
2017-12-14		Set/Reset Deadlines: Defendant shall file its opposition and reply on or before 1/10/2018; Plaintiffs shall file their Reply on or before 1/31/2018. (kt) (Entered: 12/14/2017)
2017-12-14		MINUTE ORDER: The Court has considered the brief in opposition filed by Plaintiffs and concludes, notwithstanding the arguments they have made, that an extension is warranted. If Plaintiffs wish to be heard on the production of records, they may jointly contact the courtroom deputy along with counsel for Defendant to schedule a status conference. Signed by Judge Randolph D. Moss on 12/14/2017. (lcrdm2, ) (Entered: 12/14/2017)
2017-12-27	102	MANDATE of USCA as to 69 Notice of Appeal to DC Circuit Court filed by DEPARTMENT OF JUSTICE ; USCA Case Number 16-5226. (Attachments: # 1 USCA Order)(td) (Entered: 12/29/2017)
2018-01-10	103	Consent MOTION for Extension of Time to FILE DEFENDANTS OPPOSITION TO PLAINTIFFS CROSS MOTION FOR SUMMARY JUDGMENT AND REPLY TO PLAINTIFFS OPPOSITION TO DEFENDANTS MOTION FOR SUMMARY JUDGMENT by DEPARTMENT OF JUSTICE (Adebonojo, Kenneth) (Entered: 01/10/2018)
2018-01-11		MINUTE ORDER: Upon consideration of Defendant's consent motion for extension 103 , the motion is hereby GRANTED. It is hereby ORDERED that Defendant shall file its combined opposition and reply on or before January 11, 2018, and Plaintiffs shall file their reply on or before February 1, 2018. Signed by Judge Randolph D. Moss on 1/11/2018. (lcrdm2, ) (Entered: 01/11/2018)
2018-01-11		Set/Reset Deadlines: Defendant shall file its combined opposition and reply on or before 1/11/2018; Plaintiffs shall file their reply on or before 2/1/2018. (kt) (Entered: 01/11/2018)
2018-01-11	104	REPLY to opposition to motion re 97 MOTION for Summary Judgment filed by DEPARTMENT OF JUSTICE. (Attachments: # 1 Exhibit 1)(Adebonojo, Kenneth) (Entered: 01/11/2018)
2018-01-11	105	Memorandum in opposition to re 99 Cross MOTION for Summary Judgment filed by DEPARTMENT OF JUSTICE. (See Docket Entry 104 to view document). (znmw) (Entered: 01/12/2018)
2018-01-12	106	NOTICE of Filing of Searchable Exhibit and Response to Plaintiffs' Statement of Facts by DEPARTMENT OF JUSTICE re 105 Memorandum in Opposition, 104 Reply to opposition to Motion (Attachments: # 1 Exhibit.....STRICKEN IN PART PURSUANT TO MINUTE ORDER FILED 1/30/2018, # 2 Statement of Facts (Response))(Adebonojo, Kenneth) Modified on 1/31/2018 (znmw). (Entered: 01/12/2018)
2018-01-30	107	MOTION to Strike 106 Notice (Other), Seidel Declaration by NATIONAL SECURITY COUNSELORS, RYAN NOAH SHAPIRO, JEFFREY STEIN, TRUTHOUT (Attachments: # 1 Text of Proposed Order)(McClanahan, Kelly) (Entered: 01/30/2018)
2018-01-30	108	MOTION to Stay re 99 Cross MOTION for Summary Judgment by NATIONAL SECURITY COUNSELORS, RYAN NOAH SHAPIRO, JEFFREY STEIN, TRUTHOUT (Attachments: # 1 Text of Proposed Order)(McClanahan, Kelly) (Entered: 01/30/2018)
2018-01-30		MINUTE ORDER: Plaintiffs have filed a motion to strike the Seidel Declaration "on the grounds that it contains numerous inadmissible legal arguments." Dkt. 107 at 1. Plaintiffs offer three examples of such impermissible legal arguments. Id. at 2. To the extent that the Seidel Declaration, Dkt. [106-1] contains implicit legal arguments, the Court will not give any weight to such conclusions of law. The Court will, however, consider the factual assertions contained in the Seidel Declaration. Accordingly, the motion to strike, Dkt. 107 , is hereby GRANTED in part and DENIED in part. In light of this ruling, Plaintiffs' motion to stay briefing 108 is hereby DENIED as moot. Signed by Judge Randolph D. Moss on 1/30/2018. (lcrdm2, ) (Entered: 01/30/2018)
2018-01-31	109	REPLY to opposition to motion re 99 Cross MOTION for Summary Judgment filed by NATIONAL SECURITY COUNSELORS, RYAN NOAH SHAPIRO, JEFFREY STEIN, TRUTHOUT. (Attachments: # 1 Exhibit 1-4)(Light, Jeffrey) (Entered: 01/31/2018)
2018-02-01	110	NOTICE of filing of text-searchable exhibits by NATIONAL SECURITY COUNSELORS, RYAN NOAH SHAPIRO, JEFFREY STEIN, TRUTHOUT re 109 Reply to opposition to Motion (Attachments: # 1 Exhibit 1-4)(Light, Jeffrey) (Entered: 02/01/2018)
2018-07-03	111	MOTION for Hearing by NATIONAL SECURITY COUNSELORS, RYAN NOAH SHAPIRO, JEFFREY STEIN, TRUTHOUT (Attachments: # 1 Text of Proposed Order)(Light, Jeffrey) (Entered: 07/03/2018)
2018-07-03		MINUTE ORDER: Plaintiffs' motion for status conference 111 is hereby GRANTED. The parties are hereby ORDERED to appear for a status conference on July 11, 2018, at 10:15 a.m. in Courtroom 21. Signed by Judge Randolph D. Moss on 7/3/2018. (lcrdm2, ) (Entered: 07/03/2018)
2018-07-03		Set/Reset Hearings: Status Conference set for 7/11/2018 at 10:15 AM in Courtroom 21 before Judge Randolph D. Moss. (dot) (Entered: 07/05/2018)
2018-07-05	112	Consent MOTION to Continue by DEPARTMENT OF JUSTICE (Adebonojo, Kenneth) (Entered: 07/05/2018)
2018-07-05		MINUTE ORDER: Defendant's consent motion to continue 112 is hereby GRANTED. The status conference scheduled for July 11, 2018, is hereby CONTINUED to August 1, 2018, at 10:00 a.m. in Courtroom 21. Signed by Judge Randolph D. Moss on 7/5/2018. (lcrdm2, ) (Entered: 07/05/2018)
2018-07-05		Set/Reset Hearings: The Status Conference set for 7/11/2018 is VACATED and RESCHEDULED to 8/1/2018, at 10:00 AM, in Courtroom 21, before Judge Randolph D. Moss. (kt) (Entered: 07/05/2018)
2018-08-01		Minute Entry for proceedings held before Judge Randolph D. Moss: Status Conference held on 8/1/2018. The parties shall meet and confer, then submit a Proposed Scheduling Order or Joint Status Report on or before 8/10/2018. (Court Reporter: Jeff Hook.) (kt) (Entered: 08/01/2018)
2018-08-10	113	Joint STATUS REPORT by NATIONAL SECURITY COUNSELORS, RYAN NOAH SHAPIRO, JEFFREY STEIN, TRUTHOUT. (McClanahan, Kelly) (Entered: 08/10/2018)
2018-08-13		MINUTE ORDER: In light of the parties' representations in the joint status report, Dkt. 113 , it is hereby ORDERED that the following schedule shall govern briefing on the parties' cross-motions for partial summary judgment and motion for an injunction: Defendants shall file their motion for partial summary judgment on November 2, 2018; Plaintiffs shall file their response and cross-motion for an injunction on or before December 7, 2018; Defendants shall file their reply in support of their motion for partial summary judgment and opposition to Plaintiffs' motion for an injunction on or before January 11, 2019; and Plaintiffs shall file their reply in support of their motion for an injunction on or before February 1, 2019. It is further ORDERED that the following schedule shall govern briefing on Plaintiffs' motion for sanctions: Plaintiffs' motion for sanctions is due on or before October 19, 2018; Defendants shall file an opposition on or before November 16, 2018; and Plaintiffs shall file their reply on or before December 7, 2018. Signed by Judge Randolph D. Moss on 8/13/2018. (lcrdm2, ) (Entered: 08/13/2018)
2018-08-13		Set/Reset Deadlines: Defendant's motion for partial summary judgment due 11/2/2018; Plaintiffs' response and cross-motion for an injunction due on or before 12/7/2018; Defendant's reply in support of their motion for partial summary judgment and opposition to Plaintiffs' motion for an injunction due on or before 1/11/2019; Plaintiffs' reply in support of their motion for an injunction due on or before 2/1/2019; Plaintiffs' motion for sanctions due on or before 10/19/2018; Defendant's opposition due on or before 11/16/2018; Plaintiffs' reply due on or before 12/7/2018. (kt) (Entered: 08/13/2018)
2018-10-19	114	MOTION for Sanctions by NATIONAL SECURITY COUNSELORS, RYAN NOAH SHAPIRO, JEFFREY STEIN (Attachments: # 1 Exhibit A - Abeyance Motion, # 2 Exhibit B - Opposition to summary affirmance, # 3 Exhibit C - 2d Abeyance Motion, # 4 Exhibit D - 3d Abeyance Motion, # 5 Exhibit E - Opposition to sanctions, # 6 Exhibit F - FOIA request, # 7 Exhibit G - FOIA response, # 8 Exhibit H - OSG decision, # 9 Exhibit I - Other OSG decisions, # 10 Exhibit J - NSC v. CIA transcript, # 11 Text of Proposed Order)(McClanahan, Kelly) (Entered: 10/19/2018)
2018-11-02	115	MOTION for Extension of Time to File Defendant's Motion for Summary Judgment and Related Briefing by DEPARTMENT OF JUSTICE (Adebonojo, Kenneth) (Entered: 11/02/2018)
2018-11-03	116	RESPONSE re 115 MOTION for Extension of Time to File Defendant's Motion for Summary Judgment and Related Briefing filed by NATIONAL SECURITY COUNSELORS, RYAN NOAH SHAPIRO, JEFFREY STEIN, TRUTHOUT. (McClanahan, Kelly) (Entered: 11/03/2018)
2018-11-05		MINUTE ORDER: Upon consideration of Defendants' motion for an extension of time to file, Dkt. 115, and Plaintiffs' response, Dkt. 116, it is hereby ORDERED that the motion is GRANTED. Defendants shall file their motion for partial summary judgment on or before December 4, 2018. It is further ORDERED that Plaintiffs shall file a response and cross-motion for an injunction on or before January 25, 2019; Defendants shall file a combined opposition to Plaintiffs' motion and reply brief in support of their own motion on or before February 25, 2019; and Plaintiffs shall file a reply brief in support of their motion for an injunction on or before March 11, 2019. The briefing schedule regarding Plaintiffs' motion for sanctions remains unchanged. Signed by Judge Randolph D. Moss on 11/5/2018. (lcrdm2, ) (Entered: 11/05/2018)
2018-11-05		Set/Reset Deadlines: Plaintiffs' Cross Motion due by 1/25/2019. Response to Cross Motion due by 2/25/2019. Reply to Cross Motion due by 3/11/2019. Defendant's Partial Summary Judgment Motion due by 12/4/2018. Response to Motion for Summary Judgment due by 1/25/2019. Reply to Motion for Summary Judgment due by 2/25/2019. (dot) (Entered: 11/07/2018)
2018-11-15	117	Memorandum in opposition to re 114 MOTION for Sanctions filed by DEPARTMENT OF JUSTICE. (Adebonojo, Kenneth) (Entered: 11/15/2018)
2018-12-04	118	MOTION for Extension of Time to File Defendant's Motion for Summary Judgment by DEPARTMENT OF JUSTICE (Adebonojo, Kenneth) Modified on 12/7/2018 (ztd). (Entered: 12/04/2018)
2018-12-05		MINUTE ORDER: Upon consideration of Defendants' motion for an extension of time to file, Dkt. 118, it is hereby ORDERED that the motion is GRANTED. Defendants shall file their motion for partial summary judgment on or before December 11, 2018. It is further ORDERED that Plaintiffs shall file a response and cross-motion for an injunction on or before February 1, 2019; Defendants shall file a combined opposition to Plaintiffs' motion and reply brief in support of their own motion on or before March 3, 2019; and Plaintiffs shall file a reply brief in support of their motion for an injunction on or before March 18, 2019. The briefing schedule regarding Plaintiffs' motion for sanctions remains unchanged. Signed by Judge Randolph D. Moss on 12/5/2018. (lcrdm2, ) (Entered: 12/05/2018)
2018-12-06		Set/Reset Deadlines: Plaintiffs shall file a response and cross-motion for an injunction on or before 2/1/2019; Defendants shall file a combined opposition to Plaintiffs' motion and reply brief in support of their own motion on or before 3/3/2019; Plaintiffs shall file a reply brief in support of their motion for an injunction on or before 3/18/2019. (kt) (Entered: 12/06/2018)
2018-12-07	119	Unopposed MOTION for Extension of Time to File Response/Reply as to 114 MOTION for Sanctions by NATIONAL SECURITY COUNSELORS, RYAN NOAH SHAPIRO, JEFFREY STEIN (Attachments: # 1 Text of Proposed Order)(McClanahan, Kelly) (Entered: 12/07/2018)
2018-12-10		MINUTE ORDER: Upon consideration of Plaintiffs' unopposed motion for extension of time, Dkt. 119 , it is hereby ORDERED that the motion is GRANTED. Plaintiffs shall file a reply in support of their motion for sanctions, Dkt. 114 , on or before December 11, 2018. Signed by Judge Randolph D. Moss on 12/10/2018. (lcrdm2, ) (Entered: 12/10/2018)
2018-12-10		Set/Reset Deadlines: Plaintiffs shall file a reply in support of their motion for sanctions, Dkt. 114 , on or before 12/11/2018. (zkt) (Entered: 12/10/2018)
2018-12-11	120	Consent MOTION for Extension of Time to File Defendant's Partial Motion for Summary Judgment and Related Briefing Schedule by DEPARTMENT OF JUSTICE (Adebonojo, Kenneth) (Entered: 12/11/2018)
2018-12-11		MINUTE ORDER: Upon consideration of Defendants' motion for an extension of time to file, Dkt. 120, it is hereby ORDERED that the motion is GRANTED. Defendants shall file their motion for partial summary judgment on or before December 14, 2018. It is further ORDERED that Plaintiffs shall file a response and cross-motion for an injunction on or before February 5, 2019; Defendants shall file a combined opposition to Plaintiffs' motion and reply brief in support of their own motion on or before March 6, 2019; and Plaintiffs shall file a reply brief in support of their motion for an injunction on or before March 21, 2019. The briefing schedule regarding Plaintiffs' motion for sanctions remains unchanged from the Court's December 10, 2018 minute order. Signed by Judge Randolph D. Moss on 12/11/2018. (lcrdm2, ) (Entered: 12/11/2018)
2018-12-11	121	REPLY to opposition to motion re 114 MOTION for Sanctions filed by NATIONAL SECURITY COUNSELORS, RYAN NOAH SHAPIRO, JEFFREY STEIN. (McClanahan, Kelly) (Entered: 12/12/2018)
2018-12-12		Set/Reset Deadlines: Defendants shall file their motion for partial summary judgment on or before 12/14/2018; Plaintiffs shall file a response and cross-motion for an injunction on or before 2/5/2019; Defendants shall file a combined opposition to Plaintiffs' motion and reply brief in support of their own motion on or before 3/6/2019; Plaintiffs shall file a reply brief in support of their motion for an injunction on or before 3/21/2019. (kt) (Entered: 12/12/2018)
2018-12-13	122	MOTION for Extension of Time to File Defendant's Partial Motion for Summary Judgment and Related Briefing Schedule by DEPARTMENT OF JUSTICE (Adebonojo, Kenneth) (Entered: 12/13/2018)
2018-12-14		MINUTE ORDER: Upon consideration of Defendant's motion for an extension, Dkt. 122, it is hereby ORDERED that the motion is GRANTED. Defendant shall file a its motion for summary judgment on or before December 17, 2018; Plaintiffs' response and cross-motion for an injunction is due on or before February 8, 2019; Defendants reply in support of their motion for partial summary judgment and opposition to Plaintiffs' motion for an injunction is due on or before March 6, 2019; Plaintiffs' reply in support of their motion for an injunction is due on or before March 21, 2019. No further extensions of time will be granted absent a showing of extraordinary circumstances. Signed by Judge Randolph D. Moss on 12/14/2018. (lcrdm2, ) (Entered: 12/14/2018)
2018-12-14		Set/Reset Deadlines: Defendant shall file a its motion for summary judgment on or before 12/17/2018; Plaintiffs' response and cross-motion for an injunction is due on or before 2/8/2019; Defendants reply in support of their motion for partial summary judgment and opposition to Plaintiffs' motion for an injunction is due on or before 3/6/2019; Plaintiffs' reply in support of their motion for an injunction is due on or before 3/21/2019. (kt) (Entered: 12/14/2018)
2018-12-17	123	MOTION for Partial Summary Judgment by DEPARTMENT OF JUSTICE (Attachments: # 1 Statement of Facts, # 2 Memorandum in Support, # 3 Declaration David M. Hardy, Esq., # 4 Exhibit)(Adebonojo, Kenneth) Modified event title on 12/19/2018 (znmw). (Entered: 12/17/2018)
2019-02-08	124	MOTION for Declaratory Judgment , MOTION for Permanent Injunction by NATIONAL SECURITY COUNSELORS, RYAN NOAH SHAPIRO, JEFFREY STEIN, TRUTHOUT (Attachments: # 1 Declaration Jeffrey Light, # 2 Declaration Ryan Noah Shapiro (Second), # 3 Exhibit 1 and 2, # 4 Text of Proposed Order)(Light, Jeffrey) (Entered: 02/08/2019)
2019-02-08	125	Memorandum in opposition to re 123 MOTION for Partial Summary Judgment filed by NATIONAL SECURITY COUNSELORS, RYAN NOAH SHAPIRO, JEFFREY STEIN, TRUTHOUT. (Attachments: # 1 Declaration Ryan Noah Shapiro (Second), # 2 Declaration Jeffrey Light (Second), # 3 Exhibit 1-6, # 4 Statement of Facts, # 5 Text of Proposed Order)(Light, Jeffrey) (Entered: 02/08/2019)
2019-02-08	126	Cross MOTION for Summary Judgment by NATIONAL SECURITY COUNSELORS, RYAN NOAH SHAPIRO, JEFFREY STEIN, TRUTHOUT (Attachments: # 1 Declaration Ryan Noah Shapiro (Second), # 2 Declaration Jeffrey Light (Second), # 3 Exhibit 1-6, # 4 Statement of Facts, # 5 Text of Proposed Order)(Light, Jeffrey) (Entered: 02/08/2019)
2019-03-04	127	MOTION for Extension of Time to File Defendant's Combined Reply and Opposition to Plaintiff's Cross-Motion and Motion for Declaratory Judgment by DEPARTMENT OF JUSTICE (Adebonojo, Kenneth) (Entered: 03/04/2019)
2019-03-05		MINUTE ORDER: Upon consideration of Defendant's consent motion for an extension of time to file, Dkt. 127, it is hereby ORDERED that the motion is granted. Defendants Reply and Opposition to Plaintiffs Cross-Motion and Motion for Declaratory Judgment is due on or before April 17, 2019, and Plaintiffs Reply is due on or before May 1, 2019. Signed by Judge Randolph D. Moss on 3/5/2019. (lcrdm2, ) (Entered: 03/05/2019)
2019-03-05		Set/Reset Deadlines: Defendants Reply and Opposition to Plaintiffs Cross-Motion and Motion for Declaratory Judgment is due on or before 4/17/2019; Plaintiffs Reply is due on or before 5/1/2019. (kt) (Entered: 03/05/2019)
2019-04-17	128	Consent MOTION for Extension of Time to File Defendant's Combined Reply and Opposition to Plaintiffs' Cross-Motion and Motion for Declaratory Judgment by DEPARTMENT OF JUSTICE (Adebonojo, Kenneth) (Entered: 04/17/2019)
2019-04-18		MINUTE ORDER: It is ORDERED that the parties shall appear for a status conference at 10:30 a.m. on May 3, 2019 in Courtroom 21. Signed by Judge Randolph D. Moss on 4/18/2019. (lcrdm2, ) (Entered: 04/18/2019)
2019-04-18		Set/Reset Hearings: Status Conference set for 5/3/2019, at 10:30 AM, in Courtroom 21, before Judge Randolph D. Moss. (kt) (Entered: 04/18/2019)
2019-04-22		MINUTE ORDER: It is hereby ORDERED that the status conference scheduled for Friday, May 3, 2019 is hereby VACATED and RESCHEDULED for a motions hearing and status conference at 10:30 a.m. May 2, 2019 in Courtroom 21. The parties shall be prepared to address the merits of their fully-briefed cross-motions for summary judgment, Dkt. 97 and 99, and Defendant shall appear with a witness who is prepared, if necessary, to discuss the withholdings at issue in those cross-motions. It is further ORDERED that, in light of Defendant's recent representation that "after reviewing Plaintiffs' pleadings, Defendant believes that it will have to take another look at its production and determine whether there are additional records to be lawfully produced," Dkt. 128, the parties shall also be prepared to address the status of the current motions, Dkt. 123, 124, 126, and the scope of issues remaining before the Court. Signed by Judge Randolph D. Moss on 4/22/2019. (lcrdm2, ) (Entered: 04/22/2019)
2019-04-23		Set/Reset Hearings: The Status Conference set for 5/3/2019 is VACATED and RESCHEDULED for 5/2/2019, at 10:30 AM, in Courtroom 21, before Judge Randolph D. Moss. (kt) (Entered: 04/23/2019)
2019-05-02		Minute Entry for proceedings held before Judge Randolph D. Moss: Motion Hearing held on 5/2/2019 re: 97 MOTION for Summary Judgment filed by DEPARTMENT OF JUSTICE, 99 Cross MOTION for Summary Judgment filed by TRUTHOUT, NATIONAL SECURITY COUNSELORS, JEFFREY STEIN, RYAN NOAH SHAPIRO, 114 MOTION for Sanctions filed by NATIONAL SECURITY COUNSELORS, JEFFREY STEIN, RYAN NOAH SHAPIRO, 123 MOTION for Partial Summary Judgment filed by DEPARTMENT OF JUSTICE, 124 MOTION for Declaratory Judgment MOTION for Permanent Injunction filed by TRUTHOUT, NATIONAL SECURITY COUNSELORS, JEFFREY STEIN, RYAN NOAH SHAPIRO, 126 Cross MOTION for Summary Judgment filed by TRUTHOUT, NATIONAL SECURITY COUNSELORS, JEFFREY STEIN, RYAN NOAH SHAPIRO, and 128 Consent MOTION for Extension of Time to File Defendant's Combined Reply and Opposition to Plaintiffs' Cross-Motion and Motion for Declaratory Judgment filed by DEPARTMENT OF JUSTICE. Order forthcoming. (Court Reporter Jeff Hook.) (kt) (Entered: 05/02/2019)
2019-05-02		MINUTE ORDER: For the reasons stated on the record at the May 2, 2019 hearing, it is hereby ORDERED that Defendant's motion for summary judgment, Dkt. 97 , is DENIED and Plaintiffs' cross-motion for summary judgment, Dkt. 99 , is GRANTED in part and DENIED in part. Specifically, the Court ORDERS the following with respect to the fully-briefed cross-motions for summary judgment: With respect to the 36 file numbers at issue, Defendant shall review Plaintiffs' list of purportedly acknowledged file numbers, Dkt. [99-1], and, upon receipt of evidence substantiating any such acknowledgment, shall disclose any identical file numbers withheld in this litigation. With respect to the FBI's withholdings of any remaining file numbers under FOIA Exemption 7(E) and Exemption 3, the FBI's motion is DENIED . The FBI may renew its motion pursuant to the schedule for further briefing outlined below and shall, at that time, provide the Court with additional factual and legal support for those withholdings and may, if necessary, seek leave to file a supporting declaration ex parte and in camera . Plaintiffs' motion for summary judgment is GRANTED as to segregability of the NSC and Stein records at issue, and it is, accordingly, ORDERED that the FBI shall segregate and disclose non-exempt portions of those records. It is further ORDERED that the FBI shall resubmit a copy of the Sixth Hardy Declaration ex parte and in camera regarding its bases for withholdings from the Truthout records; Plaintiffs' motion for summary judgment with respect to those withholdings is DENIED but may be renewed pursuant to the schedule for further briefing outlined below. The FBI's motion is further DENIED as to the applicability of Exemption 5 to the 32 pages of records related to the Leopold litigation. The FBI may renew its motion to the extent it can show that the withheld material relates to the issue raised in the Leopold litigation. To the extent the FBI cannot establish such a nexus, it shall release the previously withheld records. In all other respects, both parties' cross-motions for summary judgment are DENIED . It is further ORDERED that Plaintiffs' motion for sanctions, Dkt. 114 , is DENIED . As explained on the record, the Court concludes that Plaintiffs have failed to identify any pleading or representation made to this Court for an improper purpose or without support and, in any event, have failed to make the type of prima facie showing of misconduct necessary to trigger an obligation by the Department of Justice to rebut Plaintiffs' allegations, particularly to the extent those allegations turn on the deliberative communications between the U.S. Attorney's Office and the Office of the Solicitor General. It is further ORDERED that the parties' cross-motions for summary judgment, Dkt. 123 , 126 , and Plaintiffs' motion for declaratory and injunctive relief, Dkt. 124 , are hereby DENIED without prejudice. The parties may renew these motions pursuant to the schedule outlined below. It is further ORDERED that the following briefing schedule shall govern further proceedings in this case: Defendant shall file a motion for summary judgment on all remaining issues on or before August 2, 2019; Plaintiffs shall file a combined opposition and cross-motion for summary judgment, including the basis for any injunctive or declaratory relief sought, on or before September 13, 2019; Defendant shall file a combined opposition and reply in support of its motion for summary judgment on or before October 11, 2019; and Plaintiffs shall file a reply brief in support of their cross-motion for summary judgment on or before November 8, 2019. Should Defendant seek leave to file any further materials ex parte and in camera , Plaintiffs shall file any opposition within 14 days, and Defendant shall file any reply in support within a further seven days of receipt of Plaintiffs' opposition. Signed by Judge Randolph D. Moss on 5/2/2019. (lcrdm2, ) Modified on 5/3/2019 to correct formatting (kt). (Entered: 05/02/2019)
2019-05-03		Set/Reset Deadlines: Defendant shall file a motion for summary judgment on all remaining issues on or before 8/2/2019; Plaintiffs shall file a combined opposition and cross-motion for summary judgment, including the basis for any injunctive or declaratory relief sought, on or before 9/13/2019; Defendant shall file a combined opposition and reply in support of its motion for summary judgment on or before 10/11/2019; Plaintiffs shall file a reply brief in support of their cross-motion for summary judgment on or before 11/8/2019. (kt) (Entered: 05/03/2019)
2019-08-02	129	Consent MOTION for Extension of Time to File Defendant's Renewed Motion for Summary Judgment by DEPARTMENT OF JUSTICE (Adebonojo, Kenneth) (Entered: 08/02/2019)
2019-08-05		MINUTE ORDER: Upon consideration of the Defendant's unopposed motion to enlarge time to file, Dkt. 129 , it is hereby ORDERED that the motion is GRANTED. It is further ORDERED that the following schedule shall govern future proceedings in this matter: Defendant shall fill a renewed motion for summary judgment on or before September 4, 2019; Plaintiffs shall file a combined opposition and cross-motion on or before October 15, 2019; Defendant shall file a combined opposition and reply on or before November 13, 2019; and Plaintiffs shall file a reply on or before December 10, 2019. Signed by Judge Randolph D. Moss on 08/05/2019. (lcrdm2, ) (Entered: 08/05/2019)
2019-08-06		Set/Reset Deadlines: Defendant shall fill a renewed motion for summary judgment on or before 9/4/2019; Plaintiffs shall file a combined opposition and cross-motion on or before 10/15/2019; Defendant shall file a combined opposition and reply on or before 11/13/2019; Plaintiffs shall file a reply on or before 12/10/2019. (kt) (Entered: 08/06/2019)
2019-09-04	130	Unopposed MOTION for Extension of Time to File Defendant's Renewed Motion for Summary Judgment by DEPARTMENT OF JUSTICE (Adebonojo, Kenneth) (Entered: 09/04/2019)
2019-09-05		MINUTE ORDER: Upon consideration of Defendant's unopposed motion for extension of time to file, Dkt. 130 , it is hereby ORDERED that the motion is GRANTED in part and DENIED in part. It is further ORDERED that the briefing schedule is hereby MODIFIED. The following schedule shall govern future proceedings in this matter: Defendant shall file a renewed motion for summary judgment on or before September 6, 2019 at 3:00 pm; Plaintiff shall file a combined opposition and cross-motion on or before October 17, 2019; Defendant shall file a combined opposition and reply on or before November 13, 2019; and Plaintiff shall file a reply on or before December 10, 2019. Signed by Judge Randolph D. Moss on 09/04/2019. (lcrdm2, ) Modified on 9/5/2019 to correct typo (kt). (Entered: 09/05/2019)
2019-09-05		Set/Reset Deadlines: Defendant shall file a renewed motion for summary judgment on or before 9/6/2019 at 3:00 pm; Plaintiff shall file a combined opposition and cross-motion on or before 10/17/2019; Defendant shall file a combined opposition and reply on or before 11/13/2019; Plaintiff shall file a reply on or before 12/10/2019. (kt) (Entered: 09/05/2019)
2019-09-05	131	RESPONSE re 130 Unopposed MOTION for Extension of Time to File Defendant's Renewed Motion for Summary Judgment filed by NATIONAL SECURITY COUNSELORS, RYAN NOAH SHAPIRO, JEFFREY STEIN, TRUTHOUT. (Attachments: # 1 Exhibit Email correspondence)(Light, Jeffrey) (Entered: 09/05/2019)
2019-09-07	132	MOTION for Summary Judgment by DEPARTMENT OF JUSTICE (Attachments: # 1 Memorandum in Support, # 2 Declaration of Michael G. Seidel, # 3 Exhibit A, # 4 Statement of Facts)(Adebonojo, Kenneth) (Entered: 09/07/2019)
2019-09-09	133	NOTICE of Filing of the Sixth Declaration of David M. Hardy, Esq. Ex Parte for In Camera Review by DEPARTMENT OF JUSTICE re Order on Motion for Summary Judgment, Order on Motion for Sanctions, Order on Motion for Partial Summary Judgment, Order on Motion for Declaratory Judgment, Order on Motion for Permanent Injunction, Order on Motion for Extension of Time. (Adebonojo, Kenneth) Modified text on 9/10/2019 (znmw). (Entered: 09/09/2019)
2019-10-09	134	MOTION to Strike 132 MOTION for Summary Judgment by NATIONAL SECURITY COUNSELORS, RYAN NOAH SHAPIRO, JEFFREY STEIN, TRUTHOUT (Attachments: # 1 Text of Proposed Order)(McClanahan, Kelly) (Entered: 10/09/2019)
2019-10-17	135	MOTION to Stay re 132 MOTION for Summary Judgment by NATIONAL SECURITY COUNSELORS, RYAN NOAH SHAPIRO, JEFFREY STEIN, TRUTHOUT (Attachments: # 1 Text of Proposed Order)(McClanahan, Kelly) (Entered: 10/17/2019)
2019-10-21	136	Memorandum in opposition to re 135 MOTION to Stay re 132 MOTION for Summary Judgment , 134 MOTION to Strike 132 MOTION for Summary Judgment filed by DEPARTMENT OF JUSTICE. (Adebonojo, Kenneth) (Entered: 10/21/2019)
2019-10-21	137	MOTION for Extension of Time to File Defendant's Renewed Motion for Summary Judgment Nunc Pro Tunc by DEPARTMENT OF JUSTICE (Adebonojo, Kenneth) (Entered: 10/21/2019)
2019-10-22	138	Memorandum in opposition to re 137 MOTION for Extension of Time to File Defendant's Renewed Motion for Summary Judgment Nunc Pro Tunc filed by NATIONAL SECURITY COUNSELORS, RYAN NOAH SHAPIRO, JEFFREY STEIN, TRUTHOUT. (Attachments: # 1 Text of Proposed Order)(McClanahan, Kelly) (Entered: 10/22/2019)
2019-10-24	139	REPLY to opposition to motion re 137 MOTION for Extension of Time to File Defendant's Renewed Motion for Summary Judgment Nunc Pro Tunc filed by DEPARTMENT OF JUSTICE. (Adebonojo, Kenneth) (Entered: 10/24/2019)
2019-10-30	140	NOTICE of Non-Filing of Reply by NATIONAL SECURITY COUNSELORS, RYAN NOAH SHAPIRO, JEFFREY STEIN, TRUTHOUT re 136 Memorandum in Opposition, (McClanahan, Kelly) (Entered: 10/30/2019)
2020-06-23	141	MEMORANDUM OPINION AND ORDER: For the reasons explained herein, it is hereby ORDERED that Defendant's motion for extension, Dkt. 137, is GRANTED, and Plaintiffs' motion to strike, Dkt. 132, and Plaintiffs' motion to stay, Dkt. 135, are hereby DENIED as MOOT; it is further ORDERED that Plaintiffs shall file their opposition to Defendant's motion for summary judgment and cross-motion on or before July 2, 2020; it is further ORDERED that Defendant shall file its reply brief and opposition to Plaintiffs' cross-motion on or before July 16, 2020; and it is further ORDERED that Plaintiffs shall file their final reply brief on or before July 23, 2020. The parties are cautioned that further extensions will be granted only if sought at least three business days before the relevant deadline and if supported by extraordinary circumstances. See document for details. Signed by Judge Randolph D. Moss on 06/23/2020. (lcrdm2, ) (Entered: 06/23/2020)
2020-07-02	142	Memorandum in opposition to re 132 MOTION for Summary Judgment filed by NATIONAL SECURITY COUNSELORS, RYAN NOAH SHAPIRO, JEFFREY STEIN, TRUTHOUT. (Attachments: # 1 Exhibit 1-6, # 2 Exhibit 7-10, # 3 Exhibit 11-23, # 4 Statement of Facts, # 5 Text of Proposed Order)(Light, Jeffrey) (Entered: 07/02/2020)
2020-07-02	143	Cross MOTION for Summary Judgment by NATIONAL SECURITY COUNSELORS, RYAN NOAH SHAPIRO, JEFFREY STEIN, TRUTHOUT (Attachments: # 1 Exhibit 1-6, # 2 Exhibit 7-10, # 3 Exhibit 11-23, # 4 Statement of Facts, # 5 Text of Proposed Order)(Light, Jeffrey) (Entered: 07/02/2020)
2020-07-13	144	MOTION for Extension of Time to File Defendant's Opposition to Plaintiffs' Cross Motion and Reply to Plaintiffs' Opposition to Defendant's Renewed Motion for Summary Judgment by DEPARTMENT OF JUSTICE (Attachments: # 1 Declaration Third Declaration of Michael G. Seidel)(Adebonojo, Kenneth) (Entered: 07/13/2020)
2020-07-13		MINUTE ORDER: It is hereby ORDERED that plaintiffs shall file a response to defendant's motion for extension of time by noon on Wednesday, July 15. Signed by Judge Randolph D. Moss on 7/13/2020. (lcrdm2) (Entered: 07/13/2020)
2020-07-14	145	Memorandum in opposition to re 144 MOTION for Extension of Time to File Defendant's Opposition to Plaintiffs' Cross Motion and Reply to Plaintiffs' Opposition to Defendant's Renewed Motion for Summary Judgment filed by NATIONAL SECURITY COUNSELORS, RYAN NOAH SHAPIRO, JEFFREY STEIN, TRUTHOUT. (Attachments: # 1 Text of Proposed Order)(Light, Jeffrey) (Entered: 07/14/2020)
2020-07-15	146	REPLY to opposition to motion re 144 MOTION for Extension of Time to File Defendant's Opposition to Plaintiffs' Cross Motion and Reply to Plaintiffs' Opposition to Defendant's Renewed Motion for Summary Judgment filed by DEPARTMENT OF JUSTICE. (Adebonojo, Kenneth) (Entered: 07/15/2020)
2020-07-16		MINUTE ORDER: In consideration of Defendant's motion for extension of time, Dkt. 144 ; Plaintiffs' opposition, Dkt. 145 ; and Defendant's reply, Dkt. 146 ; the motion is hereby GRANTED in part and DENIED in part. Defendant shall file its opposition to Plaintiffs' cross motion for summary judgment and reply to Plaintiffs' opposition to Defendant's renewed motion for summary judgment on or before August 6, 2020. Plaintiffs shall file their final reply brief on or before August 14, 2020. The Court notes that this case has been pending since 2013 and that at least some of the many delays in the case have been attributable to Defendant's failure to comply with the Court's scheduling order and failure to raise arguments in a timely manner. Further delaying this final round of briefing until September is therefore unwarranted. Signed by Judge Randolph D. Moss on 7/16/20. (lcrdm2) (Entered: 07/16/2020)
2020-08-04	147	MOTION for Extension of Time to File a Reply to Plaintiffs' Opposition to Defendant's Renewed Motion for Summary Judgment and Opposition to Plaintiffs' Cross-Motion for Summary Judgment by DEPARTMENT OF JUSTICE (Adebonojo, Kenneth) Modified on 8/6/2020 (ztd). (Entered: 08/04/2020)
2020-08-05		MINUTE ORDER: Upon consideration of Defendant's motion for extension of time, Dkt. 147 , the motion is hereby GRANTED. Defendant shall file its opposition to Plaintiffs' cross motion for summary judgment and reply to Plaintiffs' opposition to Defendant's renewed motion for summary judgment on or before August 10, 2020. Plaintiffs shall file their final reply brief on or before August 18, 2020. The Court once again reminds the parties that further delays in this case are strongly disfavored. Signed by Judge Randolph D. Moss on 8/5/2020. (lcrdm2) (Entered: 08/05/2020)
2020-08-10	148	Memorandum in opposition to re 143 Cross MOTION for Summary Judgment filed by DEPARTMENT OF JUSTICE. (Attachments: # 1 Declaration)(Adebonojo, Kenneth) (Entered: 08/10/2020)
2020-08-10	150	REPLY to opposition to motion re 132 MOTION for Summary Judgment filed by DEPARTMENT OF JUSTICE. (ztd); (SEE DOCKET ENTRY NO. 148 TO VIEW.) (Entered: 08/11/2020)
2020-08-11	149	NOTICE of Filing of Defendant's Counter Statement of Material Facts by DEPARTMENT OF JUSTICE re 148 Memorandum in Opposition (Attachments: # 1 Statement of Facts)(Adebonojo, Kenneth) (Entered: 08/11/2020)
2020-08-18	151	REPLY to opposition to motion re 143 Cross MOTION for Summary Judgment filed by NATIONAL SECURITY COUNSELORS, RYAN NOAH SHAPIRO, JEFFREY STEIN, TRUTHOUT. (Attachments: # 1 Exhibit 1-6)(Light, Jeffrey) (Entered: 08/19/2020)
2020-12-02		MINUTE ORDER: In their cross-motion for summary judgment, Plaintiffs challenge the withholding of Form 0-63 records. Dkt. 143 at 27. Plaintiffs explain that they are "unable to determine precisely how many pages of 0-63 records remain at issue and request that the Court order the FBI to provide a full accounting of these records." Id. at 3. The FBI argues that these forms were properly withheld pursuant to the Court's holding in Shapiro IV approving the FBI's withholding of search slips related to parent FOIA requests that resulted in No Records responses. Dkt. 148 at 3-5; Shapiro v. United States Dep't of Justice , 239 F. Supp. 3d 100, 116 (D.D.C. 2017) (" Shapiro IV "). But that case-specific holding in Shapiro IV was limited to parent requests from Ryan Shapiro, not parent requests from other Plaintiffs or third-parties. Id. at 113 ("Rather than asserting a blanket policy applicable to all search slips and FOIA processing notes generated in response to requests for investigative records or files over the past twenty-five years, the FBI asserts a case-specific exemption applicable to only the... 'No Records' responses to the... 'parent' FOIA requests submitted by Ryan Shapiro ") (emphasis added). Based on the Court's understanding, there are now twenty-nine No Records parent requests from Shapiro at issue in the case, following the FBI's determination that thirteen of Shapiro's parent requests that it had previously counted as No Records were in fact Non-No Records. See Dkt. 132-1 at 5. It is unclear from the parties' briefing, however, whether the Form 0-63 records that the FBI is still withholding relate to Shapiro's No Records parent requests or No Records parent requests from others. Because the Court's holding in Shapiro IV , on which the FBI relies, was applicable only to the former, it is hereby ORDERED that the FBI shall file a notice with the Court, on or before 3 p.m. on December 4, 2020, indicating how many Form 0-63 records it is withholding from Plaintiffs and, of those records, how many of them relate to parent No Records requests from Ryan Shapiro and how many, if any, relate to parent No Records requests from others. Signed by Judge Randolph D. Moss on 12/2/2020. (lcrdm2) (Entered: 12/02/2020)
2020-12-04	152	MOTION for Extension of Time to File Defendant's Response to the Court's Minute Order by DEPARTMENT OF JUSTICE (Adebonojo, Kenneth) (Entered: 12/04/2020)
2020-12-04		MINUTE ORDER: Upon consideration of the FBI's motion for extension of time, Dkt. 152 , it is hereby ORDERED that the parties shall appear telephonically for a status conference on December 7 at 2:00 p.m. The courtroom deputy clerk will provide the parties with the necessary dial-in information. Signed by Judge Randolph D. Moss on 12/4/2020. (lcrdm2) (Entered: 12/04/2020)
2020-12-07		Minute Entry for proceedings held before Judge Randolph D. Moss: Telephonic Status Conference held on 12/7/2020. Order forthcoming. (Court Reporter: Lisa Griffith.) (kt) (Entered: 12/07/2020)
2020-12-07		MINUTE ORDER: For the reasons stated on the record at the December 7, 2020 hearing, the FBI's motion for extension of time, Dkt. 152 , is hereby GRANTED in part and DENIED in part. The FBI shall file a supplemental notice with the Court on or before December 8, 2020, addressing the following issues: how many Form 0-63 records remain in dispute and, of those records, how many relate to parent No Records responses to Ryan Shapiro; whether the single Form 4-22 record in dispute relates to a parent No Records response to Shapiro; whether the records as to which the FBI has claimed Exemption 7(A) all relate to investigations that remain open, including the investigation discussed in communications involving the Jacksonville field office; and whether disclosure of RIDS Classification Unit records that the FBI withheld pursuant to Exemption 7(E), under the heading "collection and analysis of information," could reasonably be expected to risk circumvention of the law. Plaintiffs shall file any response on or before 12:00 p.m. on December 11, 2020. For the further reasons explained on the record, no extensions will be granted. Signed by Judge Randolph D. Moss on 12/7/2020. (lcrdm2) (Entered: 12/07/2020)
2020-12-08	153	NOTICE of Filing of Defendant's Response to the Court's Minute Order Entered on December 7, 2020 by DEPARTMENT OF JUSTICE (Adebonojo, Kenneth) (Entered: 12/08/2020)
2020-12-09	154	RESPONSE re 153 Notice (Other) filed by NATIONAL SECURITY COUNSELORS, RYAN NOAH SHAPIRO, JEFFREY STEIN, TRUTHOUT. (Light, Jeffrey) (Entered: 12/09/2020)
2020-12-10		MINUTE ORDER: In its supplemental filing, the FBI represents to the Court that "[r]egarding the Jacksonville Field Office investigation, the FBI confirmed and updated its previous finding that the file, and the information therein, is still being used in other related open and ongoing law enforcement proceedings." Dkt. 153 at 3. In response, Plaintiffs point out that "[a]ssertions by counsel are not evidence upon whicha court may rely." Dkt. 154 at 3. In light of those submissions, it is hereby ORDERED that the FBI shall submit a short declaration clarifying the status of just this one investigation on or before December 11, 2020 at 4 p.m. Signed by Judge Randolph D. Moss on 12/10/2020. (lcrdm2) (Entered: 12/10/2020)
2020-12-11	155	NOTICE of Filing by DEPARTMENT OF JUSTICE re Order,,, Set Deadlines,, (Attachments: # 1 Declaration Michael G. Seidel)(Adebonojo, Kenneth) (Entered: 12/11/2020)
2020-12-11	156	MEMORANDUM OPINION & ORDER: For the reasons explained in the attached Memorandum Opinion, the FBI's motion for summary judgment, Dkt. 132 , is hereby GRANTED in part and DENIED in part, and Plaintiffs' motion for summary judgment, Dkt. 143 , is hereby GRANTED in part and DENIED in part. The FBI is hereby ORDERED to submit records related to its "collection and analysis of information" for the Court's in camera and ex parte review on or before December 18, 2020. The FBI may move for reconsideration on certain issues, enumerated in the Memorandum Opinion, on or before December 28, 2020. Thereafter, the Court will enter final judgment in a separate order. See document for details. Signed by Judge Randolph D. Moss on 12/11/2020. (lcrdm2) (Entered: 12/11/2020)
2020-12-18		MINUTE ORDER: In its recent Memorandum Opinion and Order, the Court directed the FBI to submit certain records from the July 2019 supplemental release, associated with the FBI's collection and analysis of information and labeled with coded category (b)(7)(E)-12, for the Court's in camera and ex parte review . Dkt. 156 at 84-85. The FBI has submitted the records, but without further explanation, the Court cannot assess the propriety of the withholdings. It is therefore hereby ORDERED that the FBI shall submit a supplemental declaration to the Court in camera and ex parte on or before December 28, 2020, explaining the justification for each redaction. In particular, the FBI should (1) identify which of the (b)(7)(E)-12 redactions are still at issue, meaning that they are not also protected by other exemptions that the Court has already approved, and (2) for those (b)(7)(E)-12 redactions that remain at issue, provide a line by line justification for each redaction on the records in question. Signed by Judge Randolph D. Moss on 12/18/2020. (lcrdm2) (Entered: 12/18/2020)
2020-12-26	157	MOTION for Extension of Time to File Defendant's Motion for Reconsideration and Submit Ex Parte In Camera Declaration by DEPARTMENT OF JUSTICE (Adebonojo, Kenneth) (Entered: 12/26/2020)
2020-12-26		MINUTE ORDER: Upon consideration of the FBI's opposed motion for extension of time, Dkt. 157 , it is hereby ORDERED that the motion is GRANTED in part and DENIED in part. The FBI shall submit its in camera, ex parte declaration and file its motion for reconsideration, if any, with an accompanying declaration, on or before December 30, 2021, at 4 p.m. The FBI's conduct in this case tests the proposition that patience is a virtue. No further extensions will be granted. Signed by Judge Randolph D. Moss on 12/26/20. (lcrdm2) (Entered: 12/26/2020)
2020-12-30	158	MOTION for Reconsideration re 156 Order,,,, Memorandum & Opinion,,,, Set Deadlines,,, by DEPARTMENT OF JUSTICE (Attachments: # 1 Declaration, # 2 Declaration)(Adebonojo, Kenneth) (Entered: 12/30/2020)
2020-12-30	159	NOTICE of Submission of Defendant's Ex Parte In Camera Declaration by DEPARTMENT OF JUSTICE (Adebonojo, Kenneth) (Entered: 12/30/2020)
2021-01-13	160	Memorandum in opposition to re 158 MOTION for Reconsideration re 156 Order,,,, Memorandum & Opinion,,,, Set Deadlines,,, filed by NATIONAL SECURITY COUNSELORS, RYAN NOAH SHAPIRO, JEFFREY STEIN, TRUTHOUT. (Attachments: # 1 Text of Proposed Order)(Light, Jeffrey) (Entered: 01/13/2021)
2021-01-21	161	REPLY to opposition to motion re 158 MOTION for Reconsideration re 156 Order,,,, Memorandum & Opinion,,,, Set Deadlines,,, filed by DEPARTMENT OF JUSTICE. (Attachments: # 1 Declaration Sixth Declaration of Michael G. Seidel)(Adebonojo, Kenneth) (Entered: 01/21/2021)
2021-01-27	162	MOTION for Hearing re 158 MOTION for Reconsideration re 156 Order,,,, Memorandum & Opinion,,,, Set Deadlines,,, by NATIONAL SECURITY COUNSELORS, RYAN NOAH SHAPIRO, JEFFREY STEIN, TRUTHOUT. (Attachments: # 1 Text of Proposed Order)(Light, Jeffrey) (Entered: 01/27/2021)
2021-01-27	163	NOTICE Exhibit A (Order in Associated Press v. Dep't of State) by NATIONAL SECURITY COUNSELORS, RYAN NOAH SHAPIRO, JEFFREY STEIN, TRUTHOUT re 162 MOTION for Hearing re 158 MOTION for Reconsideration re 156 Order,,,, Memorandum & Opinion,,,, Set Deadlines,,, (Light, Jeffrey) (Entered: 01/27/2021)
2021-02-01		MINUTE ORDER: Upon consideration of Plaintiffs' opposed motion for a hearing, Dkt. 162 , with respect to the FBI's motion for reconsideration, Dkt. 158 , it is hereby ORDERED that the motion is GRANTED. The parties shall appear telephonically for a hearing on the motion for reconsideration on February 10, 2021, at 3 p.m. The parties should be prepared to focus their arguments on the issue related to attachments. The Courtroom Deputy Clerk will circulate the dial-in information. Signed by Judge Randolph D. Moss on 2/1/2021. (lcrdm2) (Entered: 02/01/2021)
2021-02-09		MINUTE ORDER: It is hereby ORDERED that a representative from the FBI's Record/Information Dissemination Section who is familiar with the records at issue in this case shall appear at the telephonic hearing set for February 10, 2021, at 3 p.m., to address the Court's factual questions about the disputed attachments. Signed by Judge Randolph D. Moss on 2/9/2021. (lcrdm2) (Entered: 02/09/2021)
2021-02-10		Minute Entry for proceedings held before Judge Randolph D. Moss: Telephonic Motion Hearing held on 2/10/2021 re: 158 MOTION for Reconsideration re 156 Order,,,, Memorandum & Opinion,,,, Set Deadlines,,, filed by DEPARTMENT OF JUSTICE. Motion HELD IN ABEYANCE. For the reasons stated on the record, Defendant shall file a Status Report by 2/25/2021, after which the parties shall meet and confer as to any ongoing issues, then jointly contact the Courtroom Deputy Clerk if necessary. (Court Reporter: Jeff Hook.) (kt) (Entered: 02/10/2021)
2021-02-25	164	STATUS REPORT by DEPARTMENT OF JUSTICE. (Adebonojo, Kenneth) (Entered: 02/25/2021)
2021-04-01		MINUTE ORDER: Upon consideration of the FBI's motion for reconsideration, Dkt. 158 , and the FBI's status report regarding the processing of attachments, Dkt. 164 , it is hereby ORDERED that the parties shall meet and confer and file a joint status report on or before April 8, 2021, setting forth their respective positions on how the Court should bring this matter to a close. It is further ORDERED that the parties shall appear for a telephonic status conference on April 12, 2021 at 2:30 p.m. The parties are directed to use the same dial-in information as for prior hearings. Signed by Judge Randolph D. Moss on 4/1/2021. (lcrdm2) (Entered: 04/01/2021)
2021-04-08	165	Joint STATUS REPORT by NATIONAL SECURITY COUNSELORS, RYAN NOAH SHAPIRO, JEFFREY STEIN, TRUTHOUT. (Light, Jeffrey) (Entered: 04/08/2021)
2021-04-12		Minute Entry for proceedings held before Judge Randolph D. Moss: Telephonic Status Conference held on 4/12/2021. Defendant's 158 Motion for Reconsideration is GRANTED in part, and DENIED in part; Order forthcoming. Vaughn Index and production of non-exempt records due by 5/14/2021; Any motion for reconsideration by Plaintiffs is due by 4/30/2021; Response due by 5/21/2021; Reply due by 5/28/2021; Plaintiffs' list due to FBI and filed with the Court by 4/16/2021. (Court Reporter: Jeff Hook.) (kt) Modified on 4/12/2021 to correct ruling on motion (kt). (Entered: 04/12/2021)
2021-04-12		MINUTE ORDER: In the Court's most recent opinion in this case, it "reserve[d] judgment" with respect to the FBI's "withholdings of records related to the 'collection and analysis of information'" under Exemption 7(E). Dkt. 156 at 90. For the reasons stated on the record, see Minute Entry (Apr. 12, 2021), it is hereby ORDERED that the FBI's motion for summary judgment, Dkt. 132 , is GRANTED in part and DENIED in part with respect to those withholdings and that Plaintiffs' cross-motion for summary judgment, Dkt. 143 , is likewise GRANTED in part and DENIED in part as to that one outstanding issue. Plaintiffs' motion for summary judgment is GRANTED as to the paragraph that begins, "Our purpose," which appears on Bates page numbers FBI-386, FBI-4545, FBI-4547, and FBI-4553, and as to the paragraph that begins "Application of B7A," which appears on Bates page numbers FBI-387, FBI-4546, FBI-4558, and FBI-4553. Plaintiffs' motion is GRANTED as to Bates page FBI-3947 and certain information on Bates page FBI-4466, with respect to which the FBI has withdrawn its claims of Exemption 7(E). Finally, Plaintiffs' motion is GRANTED as to the sentence that begins, "With that said," on Bates page FBI-5535. The FBI's motion is granted as to all other withholdings under Exemption 7(E) related to "collection and analysis of information." With that loose end tied up, the Court has now resolved those cross-motions for summary judgment in full. With respect to the FBI's motion for reconsideration, it is hereby ORDERED that the motion is GRANTED in part and DENIED in part, again for the reasons stated on the record. The FBI's motion is GRANTED with respect to sensitive notes that an analyst wrote in the year column on search slips at Bates pages FBI-2404, FBI-2405, FBI-3930, FBI-3931, FBI-3932, FBI-3933, and FBI-3245. The FBI's motion is DENIED as moot with respect to Exemption 3 withholdings on Bates pages FBI-4198, FBI-4199, and FBI-4200. Finally, the FBI's motion is DENIED with respect to attachments referenced on 58 pages. The FBI shall process those attachments in accordance with the Court's order as set forth in its Minute Entry. See Minute Entry (Apr. 12, 2021). This order resolves the FBI's motion for reconsideration in full. The only remaining issues in the case are the FBI's processing of the attachments and the filing of Plaintiffs' motion for reconsideration. The parties are reminded of their obligation under Federal Rule of Civil Procedure 1 to employ the Federal Rules of Civil Procedure, including Rules 56 and 54(b), "to secure the just, speedy, and inexpensive determination of every action and proceeding." This case is now 8 years old, and the parties have an obligation, as does the Court, to bring this case to as prompt a conclusion as is possible, consistent with the interests of justice and the fair adjudication of the claims. Signed by Judge Randolph D. Moss on 4/12/2021. (lcrdm2) (Entered: 04/12/2021)
2021-04-16	166	TRANSCRIPT OF TELEPHONIC MOTION HEARING before Judge Randolph D. Moss held on February 10, 2021. Page Numbers: 1 - 82. Date of Issuance: April 16, 2021. Court Reporter: Jeff Hook. Telephone number: 202-354-3373. Transcripts may be ordered by submitting the Transcript Order Form For the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the cou rt 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 5/7/2021. Redacted Transcript Deadline set for 5/17/2021. Release of Transcript Restriction set for 7/15/2021.(Hook, Jeff) (Entered: 04/16/2021)
2021-04-16	167	NOTICE of Filing by NATIONAL SECURITY COUNSELORS, RYAN NOAH SHAPIRO, JEFFREY STEIN, TRUTHOUT re Status Conference,,, Set Deadlines,, (Attachments: # 1 Exhibit List of referenced documents)(Light, Jeffrey) (Entered: 04/16/2021)
2021-04-30	168	MOTION for Reconsideration by NATIONAL SECURITY COUNSELORS, RYAN NOAH SHAPIRO, JEFFREY STEIN, TRUTHOUT. (Attachments: # 1 Text of Proposed Order)(Light, Jeffrey) (Entered: 04/30/2021)
2021-05-14	169	Response to the Court's Minute Order Entered on April 12, 2021 by DEPARTMENT OF JUSTICE (Attachments: # 1 Exhibit A)(Adebonojo, Kenneth) Modified text on 5/17/2021 (ztd). (Entered: 05/14/2021)
2021-05-20	170	MOTION for Extension of Time to File Defendant's Opposition to Plaintiffs' Motion for Reconsideration by DEPARTMENT OF JUSTICE. (Adebonojo, Kenneth) (Entered: 05/20/2021)
2021-05-21		MINUTE ORDER: Upon consideration of the FBI's motion for extension of time, Dkt. 170 , it is hereby ORDERED that the motion is GRANTED. The FBI shall file its opposition to Plaintiffs' motion for reconsideration on or before May 28, 2021, and Plaintiffs shall file their reply brief on or before June 4, 2021. The FBI is reminded that any further motions for extension of time should be filed at least three business days before the deadline. See Dkt. 141 at 4 ("The parties are cautioned that further extensions will be granted only if sought at least three business days before the relevant deadline."). Signed by Judge Randolph D. Moss on 5/21/2021. (lcrdm2) (Entered: 05/21/2021)
2021-05-28	171	Memorandum in opposition to re 168 MOTION for Reconsideration filed by DEPARTMENT OF JUSTICE. (Attachments: # 1 Exhibit A)(Adebonojo, Kenneth) (Entered: 05/28/2021)
2021-06-04	172	REPLY to opposition to motion re 168 MOTION for Reconsideration filed by NATIONAL SECURITY COUNSELORS, RYAN NOAH SHAPIRO, JEFFREY STEIN, TRUTHOUT. (Light, Jeffrey) (Entered: 06/04/2021)
2021-08-12	173	ORDER: For the reasons explained in the attached Order, it is hereby ORDERED that Plaintiffs' motion for reconsideration, Dkt. 168 , is GRANTED in part, DENIED in part, and held in abeyance in part. The motion is GRANTED with respect to the adequacy of the FBI's search for emails responsive to every FOIA request at issue except for Stein's request related to the McGehee litigation. The FBI must search its email system for records responsive to those requests. The motion is DENIED with respect to the adequacy of the FBI's search for records responsive to Stein's request related to the McGehee litigation. And the motion is held in abeyance with respect to the FBI's search of portions of FDPS other than the notes function. The FBI shall file a supplemental declaration addressing which portions of FDPS have already been searched on or before August 26, 2021. See document for details. Signed by Judge Randolph D. Moss on 8/12/2021. (lcrdm2) (Entered: 08/12/2021)
2021-08-23	174	MOTION for Extension of Time to File Defendant's Supplemental Declaration by DEPARTMENT OF JUSTICE. (Adebonojo, Kenneth) (Entered: 08/23/2021)
2021-08-23	175	Memorandum in opposition to re 174 MOTION for Extension of Time to File Defendant's Supplemental Declaration filed by NATIONAL SECURITY COUNSELORS, RYAN NOAH SHAPIRO, JEFFREY STEIN, TRUTHOUT. (Attachments: # 1 Exhibit 1 - Email chain)(Light, Jeffrey) (Entered: 08/23/2021)
2021-08-24		MINUTE ORDER: Upon consideration of Defendant's motion for extension of time, Dkt. 174 , and Plaintiff's opposition, Dkt. 175 , it is hereby ORDERED that the motion is GRANTED. Defendant shall file the supplemental declaration on or before September 10, 2021. Signed by Judge Randolph D. Moss on 08/24/2021. (lcrdm2) (Entered: 08/24/2021)
2021-09-10	176	STATUS REPORT in Lieu of Supplemental Declaration by DEPARTMENT OF JUSTICE. (Adebonojo, Kenneth) (Entered: 09/10/2021)
2021-09-13		MINUTE ORDER: In light of Defendant's status report 176 , it is hereby ORDERED that Plaintiffs shall file a response to Defendant's status report on or before September 17, 2021. Specifically, Plaintiffs should address Defendant's proposed course of action in lieu of filing a supplemental declaration and, if Plaintiffs oppose the proposed course of action, they should explain the reasons for their opposition. In addition, Plaintiffs should address whether it would be beneficial for the parties to confer and/or for the Court to convene a status conference. Signed by Judge Randolph D. Moss on 09/13/2021. (lcrdm2) (Entered: 09/13/2021)
2021-09-17	177	RESPONSE re 176 Status Report filed by NATIONAL SECURITY COUNSELORS, RYAN NOAH SHAPIRO, JEFFREY STEIN, TRUTHOUT. (Attachments: # 1 Exhibit A - Email correspondence)(Light, Jeffrey) (Entered: 09/17/2021)
2021-09-29		MINUTE ORDER: Upon consideration of Defendant's status report 176 and Plaintiffs' response 177 , it is hereby ORDERED that Defendant shall file a supplemental declaration addressing (1) what sections exist within the administrative side of FDPS, (2) what classes of records are maintained in each of those sections, and (3) which of those sections the FBI has already searched for responsive records, as directed in the Court's previous order, see Dkt. 173 , on or before October 14, 2021. It is further ORDERED that the parties shall appear for a status conference, to occur via video teleconference, on October 20, 2021, at 10:30 a.m. The Courtroom Deputy Clerk will provide the parties with the necessary dial-in information. Signed by Judge Randolph D. Moss on 09/29/2021. (lcrdm2) (Entered: 09/29/2021)
2021-10-01	178	Consent MOTION to Continue Reschedule Status Conference by NATIONAL SECURITY COUNSELORS, RYAN NOAH SHAPIRO, JEFFREY STEIN, TRUTHOUT. (Attachments: # 1 Text of Proposed Order)(McClanahan, Kelly) Modified event title on 10/1/2021 (znmw). (Entered: 10/01/2021)
2021-10-01		MINUTE ORDER: Upon consideration of Plaintiffs' consent motion to reschedule status conference, Dkt. 178 , it is hereby ORDERED that the motion is granted. It is further ORDERED that the status conference previously set for October 20, 2021, at 10:30 a.m. is VACATED and RESCHEDULED for October 20, 2021, at 2:00 p.m. The Courtroom Deputy Clerk will provide the parties with the necessary dial-in information. Signed by Judge Randolph D. Moss on 10/1/2021. (lcrdm2) (Entered: 10/01/2021)
2021-10-05		MINUTE ORDER: Due to a scheduling conflict in the Court's calendar, it is hereby ORDERED that the telephonic status conference set for October 20, 2021 at 2:00 p.m. is RESCHEDULED for 3:00 p.m. The parties shall use the same teleconference number and access code. Signed by Judge Randolph D. Moss on 10/05/2021. (lcrdm2) (Entered: 10/05/2021)
2021-10-14	179	NOTICE of Filing of Supplemental Declaration by DEPARTMENT OF JUSTICE (Attachments: # 1 Declaration)(Adebonojo, Kenneth) (Entered: 10/14/2021)
2021-10-20		Minute Entry for proceedings held before Judge Randolph D. Moss: Telephonic Status Conference held on 10/20/2021. Defendant shall file the 10th declaration (21st overall) of Mr. Seidel by 10/27/2021. For the reasons stated on the record, the parties shall file a Joint Status Report on or before 11/30/2021. (Court Reporter: Jeff Hook.) (kt) (Entered: 10/20/2021)
2021-10-27	180	NOTICE of Filing of Supplemental Declaration by DEPARTMENT OF JUSTICE (Attachments: # 1 Declaration)(Adebonojo, Kenneth) (Entered: 10/27/2021)
2021-11-30	181	Joint STATUS REPORT by NATIONAL SECURITY COUNSELORS, RYAN NOAH SHAPIRO, JEFFREY STEIN, TRUTHOUT. (Light, Jeffrey) (Entered: 11/30/2021)
2021-12-06		MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 181 , it is hereby ORDERED that the parties shall appear for a Zoom status conference to discuss the issues raised in the status report on December 15, 2021, at 2:00 p.m. The parties are directed to use the same Zoom login information previously provided by the Courtroom Deputy Clerk. Signed by Judge Randolph D. Moss on 12/6/2021. (lcrdm2) (Entered: 12/06/2021)
2021-12-10	182	Consent MOTION to Continue Status Conference by NATIONAL SECURITY COUNSELORS, RYAN NOAH SHAPIRO, JEFFREY STEIN, TRUTHOUT. (Attachments: # 1 Text of Proposed Order)(McClanahan, Kelly) (Entered: 12/10/2021)
2021-12-10		MINUTE ORDER: Upon consideration of Plaintiff's motion to continue, Dkt. 182 , it is hereby ORDERED that the motion is GRANTED. It is further ORDERED that the status conference set for December 13, 2021, at 2:00 p.m. is VACATED and RESCHEDULED for December 21, 2021, at 2:00 p.m. Signed by Judge Randolph D. Moss on 12/10/2021. (lcrdm2) (Entered: 12/10/2021)
2021-12-21		Minute Entry for proceedings held before Judge Randolph D. Moss: Video (Zoom) Status Conference held on 12/21/2021. The FBI shall begin releasing all responsive records located in FDPS commencing on 3/1/2022, with at least 500 pages processed per month. The remaining portion of Plaintiffs' 168 motion is GRANTED IN PART. The parties shall continue to confer on ways to narrow the e-mail related requests or searches of e-mail. For the reasons stated on the record, the parties shall file a Joint Status Report on or before 2/7/2022. The Court orders that the agency take steps to preserve e-mails from the 222 potential custodians that the FBI has identified up to this point. (Court Reporter: Jeff Hook.) (kt) (Entered: 12/21/2021)
2022-02-07	183	Joint STATUS REPORT by DEPARTMENT OF JUSTICE. (Adebonojo, Kenneth) (Entered: 02/07/2022)
2022-02-09		MINUTE ORDER: In light of the parties' joint status report, Dkt. 183 , the Court hereby ORDERS the parties to file a further joint status report on or before March 25, 2022. Signed by Judge Randolph D. Moss on 2/9/2022. (lcrdm2) (Entered: 02/09/2022)
2022-02-09	184	NOTICE of Filing of Declaration by DEPARTMENT OF JUSTICE (Attachments: # 1 Declaration)(Adebonojo, Kenneth) (Entered: 02/09/2022)
2022-03-25	185	Joint STATUS REPORT by DEPARTMENT OF JUSTICE. (Adebonojo, Kenneth) (Entered: 03/25/2022)
2022-03-28		MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 185 , it is hereby ORDERED that the parties shall file a further joint status report on May 27, 2022. Signed by Judge Randolph D. Moss on 3/28/2022. (lcrdm2) (Entered: 03/28/2022)
2022-05-27	186	Joint STATUS REPORT by DEPARTMENT OF JUSTICE. (Adebonojo, Kenneth) (Entered: 05/27/2022)
2022-06-01		MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 186 , it is hereby ORDERED that the parties shall file a further joint status report on or before June 30, 2022. Signed by Judge Randolph D. Moss on 6/1/2022. (lcrdm2) (Entered: 06/01/2022)
2022-06-30	187	Joint STATUS REPORT by NATIONAL SECURITY COUNSELORS, RYAN NOAH SHAPIRO, JEFFREY STEIN, TRUTHOUT. (Light, Jeffrey) (Entered: 06/30/2022)
2022-07-07		MINUTE ORDER: In light of the parties' joint status report, Dkt. 187 , it is hereby ORDERED that the parties shall appear for a status conference on July 14, 2022, at 3:00 p.m., to occur via Zoom. Signed by Judge Randolph D. Moss on 7/7/2022. (lcrdm2) (Entered: 07/07/2022)
2022-07-14		Minute Entry for proceedings held before Judge Randolph D. Moss: Video (Zoom) Status Conference held on 7/14/2022. For the reasons stated on the record, Defendant shall file a report, and a declaration under penalty of perjury by 7/19/2022. Minute Order forthcoming from the Court. (Court Reporter: Nancy Meyer.) (kt) (Entered: 07/14/2022)
2022-07-14		MINUTE ORDER: As explained by the Court in greater detail on the record, Defendant shall file a report and declaration, under penalty of perjury, on or before July 19, 2022, providing answers to the following: (1) whether the FBI has searched every entry in each tab of the FDPS database for records responsive to Plaintiffs' FOIA requests, regardless of the tab in which the records are located, and has released all responsive, non-exempt records; and (2) whether the FBI can reasonably identify the custodians who maintain responsive record on a FOIA-request-by-FOIA-request basis. As to (1), moreover, if it is the FBI's position that the agency is not obligated to produce records that are not "documents," the FBI must direct the Court to controlling authority on that question. Signed by Judge Randolph D. Moss on 7/14/2022. (lcrdm2) (Entered: 07/14/2022)
2022-07-19	188	NOTICE of Filing of Declaration by DEPARTMENT OF JUSTICE (Attachments: # 1 Declaration)(Adebonojo, Kenneth) (Entered: 07/19/2022)
2022-07-20		MINUTE ORDER: In light of Defendant's notice of filing of declaration, Dkt. 188 , it is hereby ORDERED that (1) the parties shall meet and confer to address whether any further production of records from the FDPS is warranted and how best to narrow or resolve their disagreement regarding email custodians; and (2) the parties shall file a joint status report on or before August 19, 2022. Signed by Judge Randolph D. Moss on 7/20/2022. (lcrdm2) (Entered: 07/20/2022)
2022-08-19	189	Joint STATUS REPORT by NATIONAL SECURITY COUNSELORS, RYAN NOAH SHAPIRO, JEFFREY STEIN, TRUTHOUT. (Light, Jeffrey) (Entered: 08/19/2022)
2022-08-22		MINUTE ORDER: Upon consideration of parties' Joint Status Report, Dkt. 189 , it is hereby ORDERED that (1) the parties shall file a further status report on or before September 19, 2022 regarding the email custodian issue; and (2) the FBI shall file a declaration and brief on or before September 19, 2022 explaining why the remaining FDPS tabs are not records within the meaning of FOIA. Signed by Judge Randolph D. Moss on 08/22/2022. (lcrdm2) (Entered: 08/22/2022)
2022-09-14	190	Consent MOTION for Extension of Time to File the Parties' Joint Status Report and Defendant's Declaration and Brief by DEPARTMENT OF JUSTICE. (Adebonojo, Kenneth) (Entered: 09/14/2022)
2022-09-15		MINUTE ORDER: Upon consideration of the Motion to Enlarge Time to File the Parties' Joint Status Report and Defendant's Declaration and Brief, Dkt. 190 , it is hereby ORDERED that the motion is GRANTED. It is further ORDERED that the Parties' Joint Status Report and Defendant's Declaration and Brief shall be filed on or before September 27, 2022. Signed by Judge Randolph D. Moss on 09/15/2022. (lcrdm2) (Entered: 09/15/2022)
2022-09-27	191	NOTICE of Filing of Defendant's Supplemental Briefing by US DEPT OF JUSTICE (Attachments: # 1 Declaration, # 2 Exhibit)(Adebonojo, Kenneth) (Entered: 09/27/2022)
2022-09-28	192	Joint STATUS REPORT by NATIONAL SECURITY COUNSELORS, RYAN NOAH SHAPIRO, JEFFREY STEIN, TRUTHOUT. (McClanahan, Kelly) (Entered: 09/28/2022)
2022-10-07		MINUTE ORDER: In light of the joint status report, Dkt. 192 , the Court ORDERS that the parties appear for a status conference on October 25, 2022 at 10:30 a.m., via Zoom. Signed by Judge Randolph D. Moss on 10/07/2022. (lcrdm2) (Entered: 10/07/2022)
2022-10-25		Minute Entry for proceedings held before Judge Randolph D. Moss: Video (Zoom) Status Conference held on 10/25/2022. Plaintiffs shall provide the 48 requests and Defendant shall respond. (Court Reporter: Jeff Hook.) (kt) (Entered: 10/25/2022)
2023-04-13		MINUTE ORDER: The parties are hereby ORDERED to file a joint status report on or before April 21, 2023. Signed by Judge Randolph D. Moss on 4/13/2023. (lcrdm2) (Entered: 04/13/2023)
2023-04-21	193	Joint STATUS REPORT by NATIONAL SECURITY COUNSELORS, RYAN NOAH SHAPIRO, JEFFREY STEIN, TRUTHOUT. (Light, Jeffrey) (Entered: 04/21/2023)
2023-04-25		MINUTE ORDER: In light of the parties' joint status report, Dkt. 193 , it is hereby ORDERED that (1) Plaintiffs shall respond to Defendant's argument regarding the FDPS tabs on or before May 5, 2023; and (2) the parties shall file a status report on or before May 22, 2023 regarding the email custodian issue. Signed by Judge Randolph D. Moss on 4/25/2023. (lcrdm2) (Entered: 04/25/2023)
2023-05-05	194	RESPONSE re 191 Notice (Other) filed by NATIONAL SECURITY COUNSELORS, RYAN NOAH SHAPIRO, JEFFREY STEIN, TRUTHOUT. (Light, Jeffrey) (Entered: 05/05/2023)
2023-05-22	195	Joint STATUS REPORT by NATIONAL SECURITY COUNSELORS, RYAN NOAH SHAPIRO, JEFFREY STEIN, TRUTHOUT. (Light, Jeffrey) (Entered: 05/22/2023)
2023-08-08	196	TRANSCRIPT OF VIDEO STATUS CONFERENCE before Judge Randolph D. Moss held on October 25, 2022. Page Numbers: 1 - 23. Date of Issuance: August 8, 2023. Court Reporter: Jeff Hook. Telephone number: 202-354-3373. Transcripts may be ordered by submitting the Transcript Order Form For 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 8/29/2023. Redacted Transcript Deadline set for 9/8/2023. Release of Transcript Restriction set for 11/6/2023.(Hook, Jeff) (Entered: 08/08/2023)
2023-08-08		MINUTE ORDER: The parties have indicated that two areas of disagreement remain. First, the parties disagree regarding the extent to which the FBI should search for responsive records maintained by the email custodians associated with 96 FOIA requests. At the Court's direction, the parties met and conferred in an effort to resolve their dispute. In the course of those discussions, the FBI provided Plaintiffs with a list of potential custodians, broken down by FOIA request number, and proposed that Plaintiffs select no more than 20 potential custodians whose email should be searched. In response, Plaintiffs proposed that they identify 48 FOIA requests (out of the total of 96), and that the FBI search all potential custodians with respect to those 48 requests. Although the FBI did not immediately respond to this counterproposal, it offered to continue to the dialogue. Plaintiffs, however, grew frustrated with the process, and they have now withdrawn their proposed compromise. The Court appreciates the frustration that all have endured relating to this sprawling and seemingly never-ending litigation. The Court nonetheless encourages everyone to continue to make good faith efforts to bring this litigation to a close sometime in the foreseeable future. To that end, the Court will direct that the parties implement Plaintiffs' original proposal and that the FBI conduct the required searches of all custodians associated with the 48 selected requests. If Plaintiffs remain unwilling to abide by their original proposal with respect to the remaining 48 FOIA requests, the parties shall appear from a status conference on August 15 at 10:00 a.m. in Courtroom 8 to discuss next steps. Alternatively, if Plaintiffs agree, they shall file a notice with the Court indicating that the status conference is unnecessary. Second, the parties disagree with respect to the extent to which the FBI must review and produce material found in the remaining tabs in FDPS, which, according to the FBI, are "used as cyber functions to interface with the FOIPA processing system and provide workflow management for IRDS." Dkt. 191 at 2. After reviewing the parties' submissions, it remains unclear to the Court whether these tabs contain responsive material that is subject to disclosure under FOIA. The parties are therefore ORDERED to appear for a hearing respecting this remaining issue on Friday, September 29, 2023, at 2:00 p.m. in Courtroom 8. Counsel for the FBI shall be accompanied by a technical expert from the FBI who is familiar with the FDPS system and who can answer the Court's questions regarding the system and the material at issue. In addition, the FBI shall be prepared to provide the Court with a demonstration of the system, including showing the Court what information exists in the relevant tabs at issue. This demonstration should include the actual material currently in dispute, subject to any arguably applicable FOIA exemptions. Signed by Judge Randolph D. Moss on 8/8/2023. (lcrdm2) (Entered: 08/08/2023)
2023-08-08	197	NOTICE in Response to the Court's 8/8/23 Order by NATIONAL SECURITY COUNSELORS, RYAN NOAH SHAPIRO, JEFFREY STEIN, TRUTHOUT re Order,,,,,,,,,,,,, Set Hearings,,,,,,,,,,,, (McClanahan, Kelly) (Entered: 08/08/2023)
2023-08-09		MINUTE ORDER: In light of Plaintiff's Notice to the Court, Dkt. 197 , it is hereby ORDERED that the August 15, 2023 status conference is VACATED. Signed by Judge Randolph D. Moss on 8/9/2023. (lcrdm2) (Entered: 08/09/2023)
2023-09-21	198	MOTION for Hearing Ex Parte in Camera by US DEPT OF JUSTICE. (Attachments: # 1 Declaration)(Adebonojo, Kenneth) (Entered: 09/21/2023)
2023-09-25		MINUTE ORDER: In light of the Court's need to resolve Defendant's Motion for Hearing Ex Parte in Camera prior to any hearing, it is hereby ORDERED that the motions hearing scheduled for September 29, 2023, is VACATED. Signed by Judge Randolph D. Moss on 9/25/23. (lcrdm2) (Entered: 09/25/2023)
2023-10-02		MINUTE ORDER: In light of Defendant's Motion for Hearing Ex Parte in Camera, Dkt. 198 , it is hereby ORDERED that the parties appear by Zoom for a status conference on October 5, 2023, at 2:00 p.m. to discuss how best to provide the Court with the information it needs to proceed. Signed by Judge Randolph D. Moss on 10/2/23. (lcrdm2) (Entered: 10/02/2023)
2023-10-03	199	Consent MOTION to Continue 10/5/23 Status Conference by NATIONAL SECURITY COUNSELORS, RYAN NOAH SHAPIRO, JEFFREY STEIN, TRUTHOUT. (Attachments: # 1 Text of Proposed Order)(McClanahan, Kelly) (Entered: 10/03/2023)
2023-10-03		MINUTE ORDER: Upon consideration of Plaintiff's Consent Motion to Continue, Dkt. 199 , it is hereby ORDERED that the status conference previously set for October 5, 2023, at 2:00 p.m. is VACATED and RESCHEDULED for October 10, 2023, at 2:00 p.m., by Zoom. Signed by Judge Randolph D. Moss on 10/3/23. (lcrdm2) (Entered: 10/03/2023)
2023-10-05	200	Consent MOTION for Extension of Time to File Response/Reply as to 198 MOTION for Hearing Ex Parte in Camera by NATIONAL SECURITY COUNSELORS, RYAN NOAH SHAPIRO, JEFFREY STEIN, TRUTHOUT. (Attachments: # 1 Text of Proposed Order)(McClanahan, Kelly) (Entered: 10/05/2023)
2023-10-05		MINUTE ORDER: Upon consideration of Plaintiffs' Consent Motion for Enlargement of Time, Dkt. 200 , it is hereby ORDERED that the motion is GRANTED. Plaintiffs' may wait to file their opposition to Defendant's Motion for an Ex Parte, In Camera Hearing pending further order of the Court. Signed by Judge Randolph D. Moss on 10/5/23. (lcrdm2) (Entered: 10/05/2023)
2023-10-10		Minute Entry for proceedings held before Judge Randolph D. Moss: Status Conference held on 10/10/2023. For the reasons stated on the record the FBI is directed to search and produce responses to FOIA request. Joint Status Report due on or before 5:00 PM 10/16/2023. Status Conference set for 10/24/2023 at 02:00 PM in Courtroom 8- In Person before Judge Randolph D. Moss). (Court Reporter Tammi Sefranek) (zglw) (Entered: 10/12/2023)
2023-10-16	201	Joint STATUS REPORT by NATIONAL SECURITY COUNSELORS, RYAN NOAH SHAPIRO, JEFFREY STEIN, TRUTHOUT. (Light, Jeffrey) (Entered: 10/16/2023)
2023-10-16		MINUTE ORDER: For substantially the same reasons articulated at the Oct. 10, 2023, status conference, the Court remains concerned regarding the inconsistencies in the Defendant's representations to the Court as to the content of the FDPS and whether it contains records responsive to Plaintiffs' FOIA requests. In order to allow the Court to determine the truth of the matter, and in light of the FBI's failure to offer any objection to the proposed methodology itself (as opposed to the FBI's contention that proposed procedure is simply unnecessary), it is hereby ORDERED that on or before Oct. 18, 2023, Plaintiffs shall provide to the FBI a list of 20 FOIA requests of their choosing, identified by the underlying FOIA request tracking numbers. It is further ORDERED that on or before Nov. 1, 2023, Defendant shall file a supplement on the public record containing screenshots of each of the tabs of FDPS that are populated from the FBI's search for records responsive to each of these 20 FOIA requests, with any redactions necessary to protect exempt material and a Vaughn index explaining in detail the bases for any such redactions. In light of this Order, Defendant's Motion for Hearing Ex Parte in Camera, Dkt. 198 , is DENIED as moot, and the status conference currently set for October 24, 2023, is VACATED. The parties shall file a joint status report on or before November 10, 2023, indicating what additional steps, if any, are necessary to bring the case to its conclusion. Signed by Judge Randolph D. Moss on 10/16/23. (lcrdm2) (Entered: 10/16/2023)
2023-10-26	202	MOTION for Extension of Time to File Defendant's Supplement by US DEPT OF JUSTICE. (Attachments: # 1 Declaration)(Adebonojo, Kenneth) (Entered: 10/26/2023)
2023-10-27		MINUTE ORDER: In light of Defendant's Motion for Extension of Time, Dkt. 202 , it is hereby ORDERED that Plaintiffs shall respond to the motion on or before Oct. 30, 2023. Signed by Judge Randolph D. Moss on 10/27/23. (lcrdm2) (Entered: 10/27/2023)
2023-10-30	203	Memorandum in opposition to re 202 Motion for Extension of Time to filed by NATIONAL SECURITY COUNSELORS, RYAN NOAH SHAPIRO, JEFFREY STEIN, TRUTHOUT. (Attachments: # 1 Text of Proposed Order)(Light, Jeffrey) (Entered: 10/30/2023)
2023-10-31		MINUTE ORDER: Upon consideration of Defendant's Motion for Extension of Time, Dkt. 202 , it is hereby ORDERED that the motion is GRANTED in part and DENIED in part. The Court concludes that six weeks from the Court's October 16 directive should be sufficient time to complete what Defendant estimates as 9 hours of work, review it for exemptions, and prepare of a Vaughn index. Accordingly, it is further ORDERED that Defendant shall file the supplement as described in the Court's October 16, 2023, Minute Order on or before November 22, 2023. The status report previously set to be due on or before November 10, 2023, shall now be due on or before December 1, 2023. Signed by Judge Randolph D. Moss on 10/31/23. (lcrdm2) (Entered: 10/31/2023)
2023-11-22	204	NOTICE of Filing of Declaration and Exhibits by U.S. DEPARTMENT OF JUSTICE (Attachments: # 1 Declaration, # 2 Exhibit)(Adebonojo, Kenneth) (Entered: 11/22/2023)
2023-12-01	205	Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Adebonojo, Kenneth) (Entered: 12/01/2023)
2023-12-04		MINUTE ORDER: In light of the parties' Joint Status Report, Dkt. 205 , the Court concludes that supplemental briefing on the question of whether the entries in the FDPS constitute "records" subject to FOIA is appropriate. It is hereby ORDERED that the Government shall file its brief on this question on or before Dec. 18, 2023; Plaintiffs shall file their response on or before Jan. 5, 2024; and the Government shall file its reply brief on or before Jan. 12, 2024. Signed by Judge Randolph D. Moss on 12/4/23. (lcrdm2) (Entered: 12/04/2023)
2023-12-04		NOTICE OF ERROR re 205 Status Report; emailed to kenneth.adebonojo@usdoj.gov, cc'd 7 associated attorneys -- The PDF file you docketed contained errors: 1. Please note the following for future filings; do not refile document , 2. DO NOT REFILE. Counsel is reminded that log in and password should match signature page. (zjm, ) (Entered: 12/04/2023)
2023-12-14	206	Consent MOTION for Extension of Time to File Defendant's Supplemental Brief by U.S. DEPARTMENT OF JUSTICE. (Adebonojo, Kenneth) (Entered: 12/14/2023)
2023-12-14		MINUTE ORDER: In light of Defendant's Opposed Motion for Extension of Time, Dkt. 206 , it is hereby ORDERED that Plaintiffs file a response on or before 12:00 p.m. on December 15, 2023. Signed by Judge Randolph D. Moss on 12/14/23. (lcrdm2) (Entered: 12/14/2023)
2023-12-14	207	NOTICE re 206 of Correction of Defendant's Motion for Extension of Time to File a Supplemental Brief by U.S. DEPARTMENT OF JUSTICE (Adebonojo, Kenneth) Modified to add link on 12/15/2023 (znmw). (Entered: 12/14/2023)
2023-12-15		MINUTE ORDER: In light of Defendant's Notice of Correction, Dkt. 207 , and the representation that Plaintiffs consent to the relief sought in Defendant's Motion for Extension of Time, Dkt. 206 , it is hereby ORDERED that: (1) the Court's order directing Plaintiffs to file a response on or before 12:00 p.m. today is VACATED; (2) Defendant's Motion for Extension of Time, Dkt. 206 , is GRANTED; (3) Defendant's supplemental brief shall be filed on or before January 10, 2024; Plaintiffs' Opposition shall be filed on or before January 31, 2024; and Defendant's Reply shall be filed on or before February 7, 2024. Signed by Judge Randolph D. Moss on 12/15/23. (lcrdm2) (Entered: 12/15/2023)
2024-01-10	208	NOTICE of Filing of Supplemental Brief by U.S. DEPARTMENT OF JUSTICE (Attachments: # 1 Exhibit A)(Adebonojo, Kenneth) (Entered: 01/10/2024)
2024-01-31	209	RESPONSE re 208 Notice (Other) filed by NATIONAL SECURITY COUNSELORS, RYAN NOAH SHAPIRO, JEFFREY STEIN, TRUTHOUT. (Light, Jeffrey) (Entered: 01/31/2024)
2024-02-02	210	TRANSCRIPT OF STATUS CONFERENCE before Judge Randolph D. Moss held on 10/10/23; Page Numbers: 1-34. Date of Issuance:2/2/24. Court Reporter/Transcriber Tamara Sefranek, Telephone number 202-354-3246, Transcripts may be ordered by submitting the Transcript Order Form For 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 2/23/2024. Redacted Transcript Deadline set for 3/4/2024. Release of Transcript Restriction set for 5/2/2024.(Sefranek, Tamara) (Entered: 02/02/2024)
2024-02-06	211	REPLY re 208 Notice (Other) of Filing of Defendant's Supplemental Reply by U.S. DEPARTMENT OF JUSTICE (Adebonojo, Kenneth) Modified on 2/7/2024 to correct event (zjm). (Entered: 02/06/2024)
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