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Case TitleBAUER v. CENTRAL INTELLIGENCE AGENCY et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2014cv00963
Date Filed2014-06-06
Date Closed2016-12-15
JudgeJudge Amit P. Mehta
PlaintiffSHANE BAUER
Case DescriptionShane Bauer, one of three American students detained by Iran for improperly entering the country while hiking and later released, submitted FOIA requests to the CIA, the FBI, and the Department of State for records concerning the actions taken by the U.S. government in relation to the detention of the three students. Bauer indicated that he intended to write an article for Mother Jones based on the records he received. His requests to the CIA included Privacy Act waivers from the students and asked for expedited processing and a fee waiver. The CIA denied his request for expedited processing and a fee waiver and responded to his request by issuing a Glomar response neither confirming nor denying the existence of records under Exemption 1 (national security) and Exemption 3 (other statutes). Bauer filed an administrative appeal to the CIA's denial. Bauer's requests to the FBI asked for expedited processing and a fee waiver. The agency denied his request for expedited processing and he appealed the denial to the Office of Information Policy. OIP upheld the FBI's denial, but the FBI did not respond further to his request. Bauer's requests to the State Department asked for expedited processing and a fee waiver. The agency granted his request for a fee waiver, but denied his request for expedited processing. The agency did not respond further to his request. Bauer then filed suit against all three agencies.
Complaint issues: Failure to respond within statutory time limit, Determination - Glomar response

DefendantCENTRAL INTELLIGENCE AGENCY
DefendantDEPARTMENT OF JUSTICE
DefendantU.S. DEPARTMENT OF STATE
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2014-06-061COMPLAINT against CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF JUSTICE, DEPARTMENT OF STATE ( Filing fee $ 400 receipt number 0090-3740138) filed by SHANE BAUER. (Attachments: # 1 Civil Cover Sheet, # 2 Summons)(Light, Jeffrey) (Entered: 06/06/2014)
2014-06-06Case Assigned to Judge Christopher R. Cooper. (sth, ) (Entered: 06/09/2014)
2014-06-092SUMMONS (4) Issued Electronically as to CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF JUSTICE, DEPARTMENT OF STATE, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Summons)(sth, ) (Entered: 06/09/2014)
2014-07-013RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 6/30/2014. ( Answer due for ALL FEDERAL DEFENDANTS by 7/30/2014.), RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 6/30/2014., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. DEPARTMENT OF JUSTICE served on 6/30/2014 (Light, Jeffrey) (Entered: 07/01/2014)
2014-07-174RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. CENTRAL INTELLIGENCE AGENCY served on 7/7/2014 (Light, Jeffrey) (Entered: 07/17/2014)
2014-07-175RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. DEPARTMENT OF STATE served on 7/7/2014 (Light, Jeffrey) (Entered: 07/17/2014)
2014-07-296NOTICE of Appearance by Jeremy S. Simon on behalf of CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF JUSTICE, DEPARTMENT OF STATE (Simon, Jeremy) (Entered: 07/29/2014)
2014-07-297Consent MOTION for Extension of Time to Answer or Otherwise Respond to Complaint by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF JUSTICE, DEPARTMENT OF STATE (Attachments: # 1 Proposed Order)(Simon, Jeremy) (Entered: 07/29/2014)
2014-07-31ORDER granting 7 Consent Motion for Extension of Time, and it is further ORDERED that Defendants shall have up to and including August 28, 2014 to answer or otherwise respond. Signed by Judge Christopher R. Cooper on 7/31/2014. (lccrc3, ) (Entered: 07/31/2014)
2014-07-31Set/Reset Deadlines: Answer due by 8/28/2014. (mac) (Entered: 07/31/2014)
2014-08-288ANSWER to Complaint by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF JUSTICE, DEPARTMENT OF STATE.(Simon, Jeremy) (Entered: 08/28/2014)
2014-09-24MINUTE ORDER: Before the Court in this FOIA case are a complaint and an answer. As the requirements of LCvR 16.3 and Rule 26(f) of the Federal Rules of Civil Procedure do not apply, it is hereby ORDERED that the parties shall confer and file a joint proposed schedule for briefing or disclosure, by October 8, 2014. Signed by Judge Christopher R. Cooper on 9/24/2014. (tcr) (Entered: 09/24/2014)
2014-10-089STATUS REPORT (Joint Status Report of the Parties) by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF JUSTICE, DEPARTMENT OF STATE. (Simon, Jeremy) (Entered: 10/08/2014)
2014-10-09MINUTE ORDER: In light of the Joint Status Report filed on 10/8/2014, the parties shall file a further joint status report no later than December 18, 2014. Signed by Judge Christopher R. Cooper on 10/9/2014. (lccrc3, ) (Entered: 10/09/2014)
2014-10-09Set/Reset Deadlines: Joint Status Report due by 12/18/2014 (tcr) (Entered: 10/09/2014)
2014-12-1810STATUS REPORT (Joint Status Report of the Parties) by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF JUSTICE, DEPARTMENT OF STATE. (Simon, Jeremy) (Entered: 12/18/2014)
2014-12-31MINUTE ORDER: In light of the Joint Status Report filed on 12/18/2014, the parties shall file a further joint status report no later than February 12, 2015. Signed by Judge Christopher R. Cooper on 12/31/2014. (tcr) (Entered: 12/31/2014)
2014-12-31Case reassigned to Judge Amit P. Mehta. Judge Christopher R. Cooper no longer assigned to the case. (ztnr, ) (Entered: 12/31/2014)
2015-02-1211STATUS REPORT (Joint Status Report) by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF JUSTICE, DEPARTMENT OF STATE. (Simon, Jeremy) (Entered: 02/12/2015)
2015-02-17MINUTE ORDER: Upon consideration of the parties' February 12, 2015 Joint Status Report, it is hereby ordered that the parties shall file another Joint Status Report on or before April 14, 2015. The Court agrees to defer the setting of a briefing schedule for dispositive motions at this time. Signed by Judge Amit P. Mehta on 02/17/2015. (lcapm2) (Entered: 02/17/2015)
2015-02-17Set/Reset Deadlines/Hearings: Joint Status Report due by 4/14/2015. (cdw) (Entered: 02/18/2015)
2015-04-1412STATUS REPORT (Joint Status Report) by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF JUSTICE, DEPARTMENT OF STATE. (Simon, Jeremy) (Entered: 04/14/2015)
2015-04-14MINUTE ORDER: Upon consideration of the parties' April 14, 2015, Joint Status Report, it is hereby ordered that the parties shall file another Joint Status Report on or before June 15, 2015. Signed by Judge Amit P. Mehta on 04/14/2015. (lcapm2) (Entered: 04/14/2015)
2015-04-14Set/Reset Deadlines/Hearings: Joint Status Report due by 6/15/2015. (cdw) (Entered: 04/15/2015)
2015-06-1513STATUS REPORT (Joint Status Report) by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF JUSTICE, DEPARTMENT OF STATE. (Simon, Jeremy) (Entered: 06/15/2015)
2015-06-15MINUTE ORDER: Upon consideration of the parties' June 15, 2015, Joint Status Report, it is hereby ordered that the parties shall file another Joint Status Report on or before August 19, 2015. Signed by Judge Amit P. Mehta on 06/15/2015. (lcapm2) (Entered: 06/15/2015)
2015-06-15Set/Reset Deadlines/Hearings: Joint Status Report due by 8/19/2015. (cdw) (Entered: 06/16/2015)
2015-08-1914STATUS REPORT (Joint Status Report) by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF JUSTICE, U.S. DEPARTMENT OF STATE. (Simon, Jeremy) (Entered: 08/19/2015)
2015-08-20MINUTE ORDER: The parties are directed to file a Joint Status Report on or before October 21, 2015. In their Joint Status Report, the parties should (1) report the status of production, and (2) if production is complete, propose a briefing schedule, if necessary. Signed by Judge Amit P. Mehta on 08/20/2015. (lcapm1) (Entered: 08/20/2015)
2015-08-20Set/Reset Deadlines/Hearings: Joint Status Report due by 10/21/2015. (cdw) (Entered: 08/21/2015)
2015-08-3115NOTICE of Appearance by Alexander Daniel Shoaibi on behalf of All Defendants (Shoaibi, Alexander) (Entered: 08/31/2015)
2015-09-0316NOTICE Regarding Motion for Designation of Coordinating Judge by U.S. DEPARTMENT OF STATE (Attachments: # 1 Exhibit Motion for Designation of Coordinating Judge)(Shoaibi, Alexander) (Entered: 09/03/2015)
2015-09-0317MOTION to Stay Pending Resolution of Motion for Designation of Coordinating Judge by U.S. DEPARTMENT OF STATE (Attachments: # 1 Text of Proposed Order)(Shoaibi, Alexander) (Entered: 09/03/2015)
2015-09-0418NOTICE of Court Order by U.S. DEPARTMENT OF STATE (Attachments: # 1 Exhibit Order)(Shoaibi, Alexander) (Entered: 09/04/2015)
2015-09-08MINUTE ORDER directing Plaintiff to respond at or before 5:00 p.m. on September 11, 2015, to 17 Defendant's Motion to Stay Pending Resolution of its Motion for Designation of Coordinating Judge. Signed by Judge Amit P. Mehta on 09/08/2015. (lcapm2) (Entered: 09/08/2015)
2015-09-08Set/Reset Deadlines/Hearings: Response to 17 due on 9/11/2015 by 5:00 PM. (cdw) (Entered: 09/09/2015)
2015-09-1119Memorandum in opposition to re 17 MOTION to Stay Pending Resolution of Motion for Designation of Coordinating Judge filed by SHANE BAUER. (Light, Jeffrey) (Entered: 09/11/2015)
2015-09-16MINUTE ORDER denying 17 Defendant's Motion to Stay Pending Resolution of its Motion for Designation of Coordinating Judge. The court has considered the grounds for the requested stay and concludes that a stay is not warranted at this time. If the [16-1] U.S. Department of State's Motion for Designation of Coordinating Judge is granted, and this court decides to transfer this case to the Coordinating Judge, this court would consider a stay at that juncture with respect to the processing of emails that fall within the purview of the Coordinating Judge's authority. The parties shall continue to proceed in this matter per the court's prior orders. Signed by Judge Amit P. Mehta on 09/16/2015. (lcapm2) (Entered: 09/16/2015)
2015-10-2120Joint STATUS REPORT by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF JUSTICE, U.S. DEPARTMENT OF STATE. (Shoaibi, Alexander) (Entered: 10/21/2015)
2015-10-21MINUTE ORDER: In light of the parties' 20 October 21, 2015, Joint Status Report, the parties are directed to file another Joint Status Report on or before December 17, 2015, in which they shall provide: (1) an update on the status of the production of materials responsive to Plaintiff's FOIA request; and (2) if production is complete, propose a briefing schedule, if necessary. Signed by Judge Amit P. Mehta on 10/21/2015. (lcapm2) (Entered: 10/21/2015)
2015-10-21Set/Reset Deadlines/Hearings: Joint Status Report due by 12/17/2015. (cdw) (Entered: 10/22/2015)
2015-12-1721Joint STATUS REPORT of the Parties by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF JUSTICE, U.S. DEPARTMENT OF STATE. (Simon, Jeremy) (Entered: 12/17/2015)
2015-12-18MINUTE ORDER: Upon consideration of the parties' 21 December 17, 2015, Joint Status Report, the parties are directed to file another Joint Status Report on or before February 17, 2016, in which they shall provide: (1) an update on the status of the production of materials responsive to Plaintiff's FOIA request; and (2) if production is complete, propose a briefing schedule, if necessary. Signed by Judge Amit P. Mehta on 12/18/2015. (lcapm2) (Entered: 12/18/2015)
2015-12-18Set/Reset Deadlines/Hearings: Joint Status Report due by 2/17/2016. (cdw) (Entered: 12/21/2015)
2016-02-1722Joint STATUS REPORT of the Parties by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF JUSTICE, U.S. DEPARTMENT OF STATE. (Simon, Jeremy) (Entered: 02/17/2016)
2016-02-18MINUTE ORDER: Upon consideration of the parties' 22 February 17, 2016, Joint Status Report, the parties are directed to file another Joint Status Report on or before April 18, 2016, in which they shall provide: (1) an update on the status of the production of materials responsive to Plaintiff's FOIA request, and (2) if production is complete, propose a briefing schedule for summary judgment motions, if necessary. Signed by Judge Amit P. Mehta on 02/18/2016. (lcapm2) (Entered: 02/18/2016)
2016-02-19Set/Reset Deadlines: Joint Status Report due by 4/18/2016. (zmm) (Entered: 02/19/2016)
2016-04-1823Joint STATUS REPORT by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF JUSTICE, U.S. DEPARTMENT OF STATE. (Simon, Jeremy) (Entered: 04/18/2016)
2016-04-18MINUTE ORDER: Upon consideration of the parties' 23 April 18, 2016, Joint Status Report, the parties are directed to file another Joint Status Report on or before June 21, 2016, in which they shall provide: (1) an update on the status of the production of materials responsive to Plaintiff's FOIA request, and (2) if production is complete, propose a briefing schedule for summary judgment motions, if necessary. Signed by Judge Amit P. Mehta on 04/18/2016. (lcapm2) (Entered: 04/18/2016)
2016-04-18Set/Reset Deadlines/Hearings: Joint Status Report due by 6/21/2016. (cdw) (Entered: 04/19/2016)
2016-06-2124Joint STATUS REPORT of the Parties by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF JUSTICE, U.S. DEPARTMENT OF STATE. (Simon, Jeremy) (Entered: 06/21/2016)
2016-06-2925Supplemental STATUS REPORT (Defendants' Supplement to Joint Status Report) by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF JUSTICE, U.S. DEPARTMENT OF STATE. (Simon, Jeremy) (Entered: 06/29/2016)
2016-06-30MINUTE ORDER: Upon consideration of the parties' 24 June 21, 2016, Joint Status Report, and 25 Defendants' June 29, 2016, Supplement to Joint Status Report, the parties are directed to file another Joint Status Report on or before July 28, 2016, in which they shall provide: (1) an update on the status of the production of materials responsive to Plaintiff's FOIA request, and (2) if production is complete, propose a briefing schedule for summary judgment motions, if necessary. Signed by Judge Amit P. Mehta on 06/30/2016. (lcapm2) (Entered: 06/30/2016)
2016-06-30Set/Reset Deadlines/Hearings: Joint Status Report due by 7/28/2016. (cdw) (Entered: 07/01/2016)
2016-07-2826Joint STATUS REPORT of the Parties by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF JUSTICE, U.S. DEPARTMENT OF STATE. (Simon, Jeremy) (Entered: 07/28/2016)
2016-07-29MINUTE ORDER: Upon consideration of the parties' 26 July 28, 2016, Joint Status Report, the parties are directed to file another Joint Status Report on or before August 30, 2016, in which they shall provide: (1) an update on the status of the production of materials responsive to Plaintiff's FOIA request, and (2) if production is complete, propose a briefing schedule for summary judgment motions, if necessary. Signed by Judge Amit P. Mehta on 07/29/2016. (lcapm1) (Entered: 07/29/2016)
2016-07-29Set/Reset Deadlines/Hearings: Joint Status Report due by 8/30/2016. (cdw) (Entered: 08/01/2016)
2016-08-2927Consent MOTION for Extension of Time to File Joint Status Report by SHANE BAUER (Attachments: # 1 Text of Proposed Order)(Light, Jeffrey) (Entered: 08/29/2016)
2016-08-29MINUTE ORDER granting 27 Plaintiff's Consent Motion for Extension of Time to File Joint Status Report. The parties' Joint Status Report shall be due on or before September 13, 2016. Signed by Judge Amit P. Mehta on 08/29/2016. (lcapm2) (Entered: 08/29/2016)
2016-09-1328Joint STATUS REPORT by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF JUSTICE, U.S. DEPARTMENT OF STATE. (Simon, Jeremy) (Entered: 09/13/2016)
2016-09-15MINUTE ORDER: The parties shall, unless they first settle this matter, file a joint status report no later November 14, 2016, which updates the court on the parties' efforts to resolve this matter and which proposes, if needed, a summary judgment briefing schedule. Signed by Judge Amit P. Mehta on 09/15/2016. (lcapm2) (Entered: 09/15/2016)
2016-09-15Set/Reset Deadlines/Hearings: Joint Status Report due by 11/14/2016. (cdw) (Entered: 09/16/2016)
2016-11-1429Joint STATUS REPORT by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF JUSTICE, U.S. DEPARTMENT OF STATE. (Simon, Jeremy) (Entered: 11/14/2016)
2016-11-14MINUTE ORDER: In light of 29 the parties Joint Status Report, the parties shall submit on or before December 14, 2016, a subsequent Status Report proposing further proceedings in this matter, unless the parties file a stipulation of dismissal prior to that date. Signed by Judge Amit P. Mehta on 11/14/2016. (lcapm2) Modified on 11/14/2016 (cdw). (Entered: 11/14/2016)
2016-11-14Set/Reset Deadlines/Hearings: Joint Status Report or Stipulation of dismissal due by 12/14/2016. (cdw) (Entered: 11/15/2016)
2016-12-0830Joint MOTION for Extension of Time to File Status Report by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF JUSTICE, U.S. DEPARTMENT OF STATE (Attachments: # 1 Proposed Order)(Simon, Jeremy) (Entered: 12/08/2016)
2016-12-09MINUTE ORDER granting 30 the parties' Joint Motion for Extension of Time to Provide Status Report. The parties' Joint Status Report shall be due on or before February 14, 2017. Signed by Judge Amit P. Mehta on 12/09/2016. (lcapm2) (Entered: 12/09/2016)
2016-12-09Set/Reset Deadlines/Hearings: Joint Status Report due by 2/14/2017. (cdw) (Entered: 12/09/2016)
2016-12-1431STIPULATION of Settlement and Dismissal by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF JUSTICE, U.S. DEPARTMENT OF STATE. (Simon, Jeremy) (Entered: 12/14/2016)
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