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Case TitleCATO INSTITUTE v. FEDERAL BUREAU OF INVESTIGATION et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2021cv00035
Date Filed2021-01-07
Date ClosedOpen
JudgeJudge Randolph D. Moss
PlaintiffCATO INSTITUTE
Case DescriptionThe Cato Institute submitted a FOIA request to the FBI for records concerning deceased Senator Frank Church. The agency acknowledged receipt of the request. The agency disclosed 469 pages from its preprocessed file. The Cato Institute asked for an estimated date of completion. The agency told the Cato Institute that its request was still being processed. The Cato Institute also requested records concerning deceased Senator Barry Goldwater. The agency acknowledged receipt of the request and disclosed 430 pages of preprocessed records. The agency indicated there was an additional 2,867 pages of responsive records. The Cato Institute refused to narrow its request. The Cato Institute also submitted a FOIA request for records concerning deceased Rep. Bella Abzug. The agency acknowledged receipt of the request. The agency disclosed 969 pages of preprocessed records and told the Cato Institute that it had located 4,254 pages of responsive records. The Cato Institute declined to narrow the request and the FBI put it on the complex track. The Cato Institute also submitted a FOIA request for concerning the New Left. The agency acknowledged receipt of the request and disclosed 312 pages. The agency told the Cato Institute it had located an approximately another 12,000 potentially responsive records. As a result, the agency placed the New Left request in the complex track. After hearing nothing further from the agency concerning any of its requests, the Cato Institute filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees, Adequacy - Search

DefendantFEDERAL BUREAU OF INVESTIGATION
DefendantU.S. DEPARTMENT OF JUSTICE
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2021-01-071COMPLAINT against FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE ( Filing fee $ 402 receipt number ADCDC-8047923) filed by CATO INSTITUTE. (Attachments: # 1 Exhibit 1-10, # 2 Exhibit 11-20, # 3 Exhibit 21-30, # 4 Civil Cover Sheet, # 5 Summons)(Burday, Joshua) (Entered: 01/07/2021)
2021-01-072NOTICE of Appearance by Joshua Hart Burday on behalf of CATO INSTITUTE (Burday, Joshua) (Entered: 01/07/2021)
2021-01-073NOTICE of Appearance by Matthew Topic on behalf of CATO INSTITUTE (Topic, Matthew) (Entered: 01/07/2021)
2021-01-07Case Assigned to Judge Randolph D. Moss. (adh, ) (Entered: 01/07/2021)
2021-01-074SUMMONS (4) Issued Electronically as to FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(adh, ) (Entered: 01/07/2021)
2021-01-115STANDING ORDER: It is hereby ORDERED that the parties shall comply with the directives set forth in the attached standing order. See document for details. Signed by Judge Randolph D. Moss on 1/11/2021. (lcrdm2) (Entered: 01/11/2021)
2021-02-016NOTICE of Appearance by April Denise Seabrook on behalf of FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE (Seabrook, April) (Entered: 02/01/2021)
2021-02-027NOTICE of Consent to Assignment to Magistrate Judge by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE (Seabrook, April) (Entered: 02/02/2021)
2021-02-02MINUTE ORDER: In light of Defendant's notice of consent to assignment to a magistrate judge for all purposes, Dkt. 7 , it is hereby ORDERED that Plaintiff shall file a notice with the Court on or before February 9, 2021, indicating whether it consents to the referral of this case to a magistrate judge for all purposes. Signed by Judge Randolph D. Moss on 2/2/2021. (lcrdm2) (Entered: 02/02/2021)
2021-02-098NOTICE of Non-Consent to Assignment to Magistrate Judge by CATO INSTITUTE (Topic, Matthew) (Entered: 02/09/2021)
2021-02-09MINUTE ORDER: Upon consideration of Plaintiff's notice of non-consent to assignment to a magistrate judge, Dkt. 8 , the Court hereby notifies the parties that the case will not be assigned to a magistrate judge. Signed by Judge Randolph D. Moss on 2/9/2021. (lcrdm2) (Entered: 02/09/2021)
2021-02-169RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF JUSTICE served on 1/21/2021 (Burday, Joshua) (Entered: 02/16/2021)
2021-02-1610RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. FEDERAL BUREAU OF INVESTIGATION served on 1/19/2021 (Burday, Joshua) (Entered: 02/16/2021)
2021-02-1611RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 1/21/2021. (Burday, Joshua) (Entered: 02/16/2021)
2021-02-1612RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 1/21/2021. Answer due for ALL FEDERAL DEFENDANTS by 2/20/2021. (Burday, Joshua) (Entered: 02/16/2021)
2021-02-1813Consent MOTION for Extension of Time to File Answer by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE. (Seabrook, April) (Entered: 02/18/2021)
2021-02-18MINUTE ORDER: Upon consideration of Defendants' motion for extension of time, Dkt. 13 , it is hereby ORDERED that the motion is GRANTED. Defendants shall answer or otherwise respond to the complaint on or before March 4, 2021. Signed by Judge Randolph D. Moss on 2/18/2021. (lcrdm2) (Entered: 02/18/2021)
2021-03-0414ANSWER to Complaint by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE.(Seabrook, April) (Entered: 03/04/2021)
2021-03-05MINUTE ORDER: It is ORDERED that, on or before March 26, 2021, the parties shall confer and file a joint status report addressing (1) any documents still to be produced pursuant to FOIA; (2) an anticipated schedule for processing and producing any such documents; and (3) any substantive areas of disagreement between the parties. It is further ORDERED that the parties shall appear telephonically for an Initial Scheduling Conference on April 2, 2021, at 10:15 a.m., before Judge Randolph D. Moss. The Courtroom Deputy Clerk will distribute the necessary dial-in information. Signed by Judge Randolph D. Moss on 3/5/2021. (lcrdm2) (Entered: 03/05/2021)
2021-03-2515Joint STATUS REPORT by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE. (Seabrook, April) (Entered: 03/25/2021)
2021-03-26MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 15 , it is hereby ORDERED that the parties shall file a further joint status report on or before May 11, 2021. It is further ORDERED that the initial scheduling conference set for April 2, 2021, at 10:15 a.m., is VACATED. Signed by Judge Randolph D. Moss on 3/26/2021. (lcrdm2) (Entered: 03/26/2021)
2021-05-1116Joint STATUS REPORT by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE. (Seabrook, April) (Entered: 05/11/2021)
2021-05-12MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 16 , it is hereby ORDERED that the parties shall file a further joint status report on or before June 25, 2021. Signed by Judge Randolph D. Moss on 5/12/2021. (lcrdm2) (Entered: 05/12/2021)
2021-06-2517Joint STATUS REPORT by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE. (Seabrook, April) (Entered: 06/25/2021)
2021-06-30MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 17 , it is hereby ORDERED that the parties shall file a further joint status report on or before August 12, 2021. Signed by Judge Randolph D. Moss on 6/30/2021. (lcrdm2) (Entered: 06/30/2021)
2021-08-1018NOTICE of Appearance by Thomas Anthony Quinn on behalf of All Defendants (Quinn, Thomas) (Entered: 08/10/2021)
2021-08-1019Joint STATUS REPORT by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE. (Quinn, Thomas) (Entered: 08/10/2021)
2021-08-13MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 19 , it is hereby ORDERED that the parties shall file a further joint status report on or before October 5, 2021. Signed by Judge Randolph D. Moss on 8/13/2021. (lcrdm2) (Entered: 08/13/2021)
2021-10-0520Joint STATUS REPORT by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE. (Quinn, Thomas) (Entered: 10/05/2021)
2021-10-06MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 20 , it is hereby ORDERED that the parties shall file a further joint status report on or before December 10, 2021. Signed by Judge Randolph D. Moss on 10/06/21. (lcrdm2) (Entered: 10/06/2021)
2021-12-1021Joint STATUS REPORT by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE. (Quinn, Thomas) (Entered: 12/10/2021)
2021-12-13MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 21 , it is hereby ORDERED that the parties shall file a further joint status report on or before February 10, 2022. Signed by Judge Randolph D. Moss on 12/13/2021. (lcrdm2) (Entered: 12/13/2021)
2022-01-2122MOTION to Withdraw as Attorney by CATO INSTITUTE. (Attachments: # 1 Text of Proposed Order)(Topic, Matthew) (Entered: 01/21/2022)
2022-01-25MINUTE ORDER: Upon consideration of the motion to withdraw as attorney 22 it is hereby ORDERED that the motion is GRANTED and that Joshua Burday is granted leave to withdraw his appearance as counsel for Plaintiff. Signed by Judge Randolph D. Moss on 1/25/2022. (lcrdm2) (Entered: 01/25/2022)
2022-02-1023Joint STATUS REPORT by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE. (Seabrook, April) (Entered: 02/10/2022)
2022-02-11MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 23 , it is hereby ORDERED that the parties shall file a further joint status report on or before April 12, 2022. Signed by Judge Randolph D. Moss on 2/11/2022. (lcrdm2) (Entered: 02/11/2022)
2022-04-1124NOTICE of Appearance by Joshua Loevy on behalf of CATO INSTITUTE (Loevy, Joshua) (Entered: 04/11/2022)
2022-04-1225Joint STATUS REPORT by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE. (Seabrook, April) (Entered: 04/12/2022)
2022-04-12MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 25 , it is hereby ORDERED that the parties shall file a further joint status report on or before July 14, 2022. Signed by Judge Randolph D. Moss on 4/12/2022. (lcrdm2) (Entered: 04/12/2022)
2022-07-1326Joint STATUS REPORT by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE. (Seabrook, April) (Entered: 07/13/2022)
2022-07-14MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 26 , it is hereby ORDERED that the parties shall file a further joint status report on or before October 11, 2022. Signed by Judge Randolph D. Moss on 7/14/2022. (lcrdm2) (Entered: 07/14/2022)
2022-08-0927NOTICE OF SUBSTITUTION OF COUNSEL by John Moustakas on behalf of FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE Substituting for attorney seabrook (Moustakas, John) (Entered: 08/09/2022)
2022-10-1128Joint STATUS REPORT by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE. (Moustakas, John) (Entered: 10/11/2022)
2022-10-12MINUTE ORDER: Upon consideration of the Joint Status Report, Dkt. 28 , it is hereby ORDERED that the parties file a further joint status report on or before January 9, 2023. Signed by Judge Randolph D. Moss on 10/12/2022. (lcrdm2) (Entered: 10/12/2022)
2023-01-0929Joint STATUS REPORT by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE. (Moustakas, John) (Entered: 01/09/2023)
2023-01-10MINUTE ORDER: Upon consideration of the Joint Status Report, Dkt. 29 , it is hereby ORDERED that the parties shall file a further joint status report on or before April 10, 2023. Signed by Judge Randolph D. Moss on 1/10/2023. (lcrdm2) (Entered: 01/10/2023)
2023-02-2830NOTICE of Appearance by Merrick Jason Wayne on behalf of CATO INSTITUTE (Wayne, Merrick) (Entered: 02/28/2023)
2023-04-1031Joint STATUS REPORT by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE. (Moustakas, John) (Entered: 04/10/2023)
2023-04-11MINUTE ORDER: Upon consideration of the Joint Status Report, Dkt. 31 , it is hereby ORDERED that the parties shall file a further joint status report on or before July 10, 2023. Signed by Judge Randolph D. Moss on 4/11/2023. (lcrdm2) (Entered: 04/11/2023)
2023-07-1032Joint STATUS REPORT by CATO INSTITUTE. (Wayne, Merrick) (Entered: 07/10/2023)
2023-07-13MINUTE ORDER: Upon consideration of the Joint Status Report, Dkt. 32 , it is hereby ORDERED that the parties shall file a further joint status report on or before October 5, 2023. Signed by Judge Randolph D. Moss on 7/13/2023. (lcrdm2) (Entered: 07/13/2023)
2023-10-0533Joint STATUS REPORT by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE. (Moustakas, John) (Entered: 10/05/2023)
2023-10-06MINUTE ORDER: In light of the parties' October 5, 2023, Joint Status Report, Dkt. 33 , it is hereby ORDERED that the parties shall file a further joint status report on or before January 5, 2024. Signed by Judge Randolph D. Moss on 10/6/23. (lcrdm2) (Entered: 10/06/2023)
2023-12-2834NOTICE of Appearance by Bradley Silverman on behalf of FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE (Silverman, Bradley) (Entered: 12/28/2023)
2024-01-0535Joint STATUS REPORT by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE. (Silverman, Bradley) (Entered: 01/05/2024)
2024-01-07MINUTE ORDER: In light of the parties' January 5, 2024, Joint Status Report, Dkt. 35 , it is hereby ORDERED that the parties shall file a further joint status report on or before March 4, 2024. Signed by Judge Randolph D. Moss on 1/7/24. (lcrdm2) (Entered: 01/07/2024)
2024-03-0436Joint STATUS REPORT by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE. (Silverman, Bradley) (Entered: 03/04/2024)
2024-03-04MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 36 , it is hereby ORDERED that the parties shall file a further joint status report on or before April 15, 2024. Signed by Judge Randolph D. Moss on 3/4/24. (lcrdm2) (Entered: 03/04/2024)
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