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Case TitleLOOKS FILMPRODUKTIONEN GMBH v. CENTRAL INTELLIGENCE AGENCY
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2014cv01163
Date Filed2014-07-11
Date Closed2016-08-05
JudgeChief Judge Beryl A. Howell
PlaintiffLOOKS FILMPRODUKTIONEN GMBH
Case DescriptionLOOKS Filmproducktionen, a German documentary film production company making a film on the Stasi, the East German secret police, made a request to the CIA for all records on Erich Mielke, head of the Stasi from 1957-1989. The CIA issued a Glomar response, neither confirming nor denying the existence of records. LOOKS appealed and the agency affirmed its initial denial. LOOKS then asked the CIA to reconsider its appeal decision, which was also denied by the agency. LOOKS then appealed to the Office of Government Information Services concerning the CIA's refusal to reconsider its denial of LOOKS' appeal. The CIA initially told OGIS it would not reconsider the appeal, but after LOOKS' counsel discovered as the result of a database search at the National Archives and Records Administration a number of records on Mielke previously disclosed by the CIA, the agency agreed to reconsider the request. LOOKS then submitted two new FOIA requests pertaining to Mielke �" one for records created by the Medical and Psychological Analysis Center, and the other for records concerning Mielke not created by MPAC. LOOKS also requested a public interest fee waiver and inclusion in the media fee category. In a consolidated response to both requests, the agency accused LOOKS of failing to narrow the scope of its request and once again issued a Glomar response. LOOKS also argued that the agency had improperly consolidated the requests so that it could justify its denial on the basis that the requests were too broad. LOOKS then filed suit.
Complaint issues: Determination - Glomar response

DefendantCENTRAL INTELLIGENCE AGENCY
Documents
Docket
Complaint
Complaint attachment 1
Opinion/Order [49]
FOIA Project Annotation: Judge Beryl Howell has ruled that the CIA conducted an adequate search for records concerning Erich Mielke, the former head of East German State Security, and properly withheld records under Exemption 3 (other statutes). LOOKS Filmproduktionen, a German documentary film production and distribution company, requested records about Mielke for a documentary. The agency initially issued a Glomar response neither confirming nor denying the existence of records about Mielke. After the agency upheld its Glomar response on appeal, LOOKS complained to OGIS. OGIS advised LOOKS to submit a new request focusing on a historical event rather than a specific individual. LOOKS submitted two new requests to the CIA"one for records about Mielke created by the CIA's Medical and Psychological Analysis Center or its predecessor Office of Leadership Analysis, and the other for records about Mielke excluding those from the MPAC or OLA. LOOKS specifically indicated that it did not want the CIA to combine the two requests. Nevertheless, the CIA combined the two requests. The agency dropped its previous Glomar response and located 27 documents. The agency withheld 14 documents entirely and redacted information from 13 documents, claiming Exemption 1 (national security) and Exemption 3. LOOKS challenged the adequacy of the agency's search. It argued that the agency should have used Stasi, the name commonly used to refer to East German State Security. Rejecting the claim, Howell noted there was implicit evidence that some CIA offices may have used the term where appropriate. She added that "whether 'Stasi' was used as a search term does not raise substantial doubt as to the reasonableness of the CIA efforts, particularly were 'Stasi' is merely the abbreviation of the German word Staatssicherheit, which translates to state security, a search term that was used by the CIA." LOOKS contended the agency's decision to not consider records that merely mentioned Mielke with nothing further as responsive impermissibly narrowed the scope of its request. Howell disagreed, observing that "documents 'about' a certain subject must have information regarding that subject, rather than just a mention of the word." She also rejected LOOKS' claim that the CIA Information Act required the agency to prove that records were truly operational before declining to search them. Howell found instead that LOOKS had chosen not to make a claim that the agency improperly withheld operational files that should be searched under the CIA Information Act. While the agency claimed both Exemption 1 and Exemption 3, Howell found that since Exemption 3 covered all the records there was no reason to analyze the Exemption 1 claims. She found the agency had properly claimed that the sources and methods prohibition in the National Security Act covered the withheld records. She noted that "by breaking down 'intelligence methods' into four specific sections, the CIA fairly communicated that the intelligence methods information withheld in these particular documents fell within one of those four categories." In a separate claim under the APA, LOOKS argued the agency had improperly aggregated its two requests. Howell noted, however, that "since the filing of the plaintiff's [amended complaint] the CIA has withdrawn its initial Glomar response to the plaintiff's requests, performed an adequate search, found twenty-seven responsive documents, sixteen of which were either released in full or redacted form. In view of these events and the Court's grant of summary judgment to the CIA in the first claim [pertaining to the search and exemption claims], the plaintiff's second claim is now moot."
Issues: Adequacy - Search, Exemption 3 - Statutory prohibition of disclosure
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2014-07-111COMPLAINT against CENTRAL INTELLIGENCE AGENCY ( Filing fee $ 400 receipt number 0090-3775743) filed by LOOKS FILMPRODUKTIONEN GMBH. (Attachments: # 1 Civil Cover Sheet)(McClanahan, Kelly) (Entered: 07/11/2014)
2014-07-112REQUEST FOR SUMMONS TO ISSUE (Three) by LOOKS FILMPRODUKTIONEN GMBH filed by LOOKS FILMPRODUKTIONEN GMBH. (Attachments: # 1 Summons, # 2 Summons)(McClanahan, Kelly) (Entered: 07/11/2014)
2014-07-11Case Assigned to Judge Beryl A. Howell. (md, ) (Entered: 07/11/2014)
2014-07-113SUMMONS (3) Issued Electronically as to CENTRAL INTELLIGENCE AGENCY, U.S. Attorney and U.S. Attorney General. (Attachments: # 1 Summons 2nd, # 2 Summons 3rd, # 3 Notice of Consent, # 4 Consent Form) (md, ) (Entered: 07/11/2014)
2014-07-114STANDING ORDER. Signed by Judge Beryl A. Howell on July 11, 2014. (lcbah2) (Entered: 07/11/2014)
2014-07-115LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by LOOKS FILMPRODUKTIONEN GMBH (McClanahan, Kelly) (Entered: 07/11/2014)
2014-07-316RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. CENTRAL INTELLIGENCE AGENCY served on 7/21/2014, RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 7/21/2014. ( Answer due for ALL FEDERAL DEFENDANTS by 8/20/2014.), RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 7/21/14. (McClanahan, Kelly) (Entered: 07/31/2014)
2014-08-197NOTICE of Appearance by Heather D. Graham-Oliver on behalf of CENTRAL INTELLIGENCE AGENCY (Graham-Oliver, Heather) (Entered: 08/19/2014)
2014-08-208ANSWER to Complaint by CENTRAL INTELLIGENCE AGENCY.(Graham-Oliver, Heather) (Entered: 08/20/2014)
2014-09-29MINUTE ORDER (paperless) TO SHOW CAUSE why this action should not be dismissed for failure to prosecute pursuant to Local Civil Rule 83.23 and Federal Rule of Civil Procedure 41(b). This Court's 4 Standing Order, paragraph 3(b)(ii), which applies to matters brought under the Freedom of Information Act, requires the parties to file jointly a report to the Court "setting forth whether the agency has made a final determination 'whether to comply' with any FOIA request at issue" and proposing a "schedule for the filing of dispositive motions... within fourteen days after any defendant files a responsive pleading." The defendant filed an 8 Answer to the Complaint on August 20, 2014, over fourteen days ago. Consequently, the plaintiff is ORDERED to submit, by October 6, 2014, (a) the joint report required by this Court's 4 Standing Order; (b) an explanation as to why the parties failed to comply with this Court's Order; and (c) an explanation as to why this action should not be dismissed for failure to prosecute. Signed by Judge Beryl A. Howell on September 29, 2014. (lcbah1) (Entered: 09/29/2014)
2014-09-29Set/Reset Deadlines: Response to Show Cause due by 10/6/2014. (tg, ) (Entered: 09/29/2014)
2014-10-059RESPONSE TO ORDER OF THE COURT re Order to Show Cause,,,, filed by LOOKS FILMPRODUKTIONEN GMBH. (McClanahan, Kelly) (Entered: 10/05/2014)
2014-10-0510STATUS REPORT (Joint) by LOOKS FILMPRODUKTIONEN GMBH. (McClanahan, Kelly) (Entered: 10/05/2014)
2014-10-06MINUTE ORDER (paperless) DISCHARGING the Court's Order to Show Cause of September 29, 2014, and issuing the following SCHEDULING ORDER to control further proceedings in this matter, in light of the parties' 10 Status Report and the plaintiff's 9 Response to Order to Show Cause. The defendant shall, by January 27, 2015, file any dispositive motion. The plaintiff shall, by February 24, 2015, file any opposition. The defendant shall, by March 13, 2015, file any reply. Signed by Judge Beryl A. Howell on October 6, 2014. (lcbah1) (Entered: 10/06/2014)
2014-10-06Set/Reset Deadlines: Dispositive Motion due by 1/27/2015; Opposition to Dispositive Motion due by 2/24/2015; Reply due by 3/13/2015. (tg, ) (Entered: 10/06/2014)
2015-01-2311Consent MOTION for Extension of Time to File Motion for Summary Judgment by CENTRAL INTELLIGENCE AGENCY (Graham-Oliver, Heather) (Entered: 01/23/2015)
2015-01-24MINUTE ORDER (paperless) GRANTING the defendant's 11 Consent Motion for Extension of Time to File Its Motion for Summary Judgment and AMENDING this Court's scheduling order of October 6, 2014, as follows: the parties shall, by February 6, 2015, file any motions for summary judgment; the parties shall, by March 6, 2015, file any oppositions; the parties shall, by March 24, 2015, file any replies. Signed by Judge Beryl A. Howell on January 24, 2015. (lcbah1) (Entered: 01/24/2015)
2015-01-26Set/Reset Deadlines: Summary Judgment motion due by 2/6/2015; Opposition to Motion for Summary Judgment due by 3/6/2015; Reply due by 3/24/2015. (tg, ) (Entered: 01/26/2015)
2015-02-0612Consent MOTION for Extension of Time to File Motion and to Amend Scheduling Order by CENTRAL INTELLIGENCE AGENCY (Graham-Oliver, Heather) (Entered: 02/06/2015)
2015-02-06MINUTE ORDER (paperless) GRANTING the defendant's 12 Consent Motion for Extension of Time to File its Motion for Summary Judgment and Modify Current Scheduling Order and AMENDING this Court's scheduling order of January 24, 2015 as follows: the parties shall, by March 2, 2015, file any motions for summary judgment; the parties shall, by April 3, 2015, file any oppositions; the parties shall, by April 13, 2015, file any replies. Signed by Judge Beryl A. Howell on February 6, 2015.(lcbah1) (Entered: 02/06/2015)
2015-02-06Set/Reset Deadlines: Summary Judgment motions due by 3/2/2015; Oppositions to Motion for Summary Judgment due by 4/3/2015; Replies due by 4/13/2015. (tg, ) (Entered: 02/09/2015)
2015-02-2613Joint MOTION for Extension of Time to Amend Scheduling Order , Joint MOTION for Extension of Time to Amend Set/Reset Deadlines by CENTRAL INTELLIGENCE AGENCY (Graham-Oliver, Heather) (Entered: 02/26/2015)
2015-02-26MINUTE ORDER (paperless) GRANTING the parties' 13 Consent Motion for Extension of Time and AMENDING this Court's scheduling order of February 6, 2015 as follows: the defendant shall, by March 18, 2015, file any motion for summary judgment; the plaintiff shall, by April 21, 2015, file any opposition and/or cross-motion in a single, omnibus submission; the defendant shall, by May 20, 2015, file any reply and/or opposition in a single, omnibus submission; the plaintiff shall, by June 9, 2015, file any reply. Signed by Judge Beryl A. Howell on February 26, 2015. (lcbah1) (Entered: 02/26/2015)
2015-02-27Set/Reset Deadlines: Summary Judgment motion due by 3/18/2015; Cross-Motion/Opposition to Motion for Summary Judgment due by 4/21/2015; Opposition to Cross-Motion/Reply to Opposition to Motion for Summary Judgment due by 5/20/2015; Reply to Opposition to Cross Motion due by 6/9/2015. (tg, ) (Entered: 02/27/2015)
2015-03-1814Consent MOTION for Extension of Time to File Motion For Summary Judgment and to Modify Scheduling Order by CENTRAL INTELLIGENCE AGENCY (Graham-Oliver, Heather) (Entered: 03/18/2015)
2015-03-19MINUTE ORDER (paperless) GRANTING, nunc pro tunc , the defendant's 14 Consent Motion for Extension of Time and amending this Court's Scheduling Order of February 26, 2015 as follows: the defendant shall, by March 25, 2015, file any motion for summary judgment; the plaintiff shall, by April 21, 2015, file any opposition and any cross-motion for summary judgment in a single omnibus submission; the defendant shall, by May 20, 2015, file any reply and any opposition to the plaintiff's cross-motion in a single omnibus submission; the plaintiff shall, by June 9, 2015, file any reply. Signed by Judge Beryl A. Howell on March 19, 2015. (lcbah1) (Entered: 03/19/2015)
2015-03-19Set/Reset Deadlines: Summary Judgment motion due by 3/25/2015; Cross-Motion and Opposition to Motion for Summary Judgment due by 4/21/2015; Opposition to Cross-Motion and Reply to Opposition to Motion for Summary Judgment due by 5/20/2015; Reply to Opposition to Cross Motion due by 6/9/2015. (tg, ) (Entered: 03/19/2015)
2015-03-2515Consent MOTION for Extension of Time to File Motion for Summary Judgment and to MOTION to Modify Scheduling Order by CENTRAL INTELLIGENCE AGENCY (Graham-Oliver, Heather). Added MOTION to Modify on 3/26/2015 (jf, ). (Entered: 03/25/2015)
2015-03-26MINUTE ORDER (paperless) GRANTING, nunc pro tunc , the defendant's 15 Consent Motion for Extension of Time to File Defendant's Motion for Summary Judgment and Modify Current Scheduling Order, and AMENDING this Court's scheduling order of March 19, 2015 as follows: the defendant shall, by April 2, 2015, file any dispositive motion; the plaintiff shall, by April 28, 2015, file any opposition and/or cross-motion in a single, omnibus submission; the defendant shall, by May 18, 2015, file any reply and any opposition to any cross-motion in a single, omnibus submission; the plaintiff shall, by June 4, 2015, file any reply. Signed by Judge Beryl A. Howell on March 26, 2015. (lcbah1) (Entered: 03/26/2015)
2015-03-26Set/Reset Deadlines: The defendant shall, by 4/02/2015, file any dispositive motion; the plaintiff shall, by 4/28/2015, file any opposition and/or cross-motion in a single, omnibus submission; the defendant shall, by 5/18/2015, file any reply and any opposition to any cross-motion in a single, omnibus submission; the plaintiff shall, by 6/04/2015, file any reply. (ad) (Entered: 03/26/2015)
2015-04-0216MOTION for Summary Judgment by CENTRAL INTELLIGENCE AGENCY (Attachments: # 1 Statement of Facts Statement of Facts Not in Dispute, # 2 Declaration Declaration of Martha Lutz, # 3 Exhibit Exhibit List, # 4 Exhibit Exhibits to Declaration A-F, # 5 Exhibit Exhibits to Declaration G-L, # 6 Exhibit Vaughn Index)(Graham-Oliver, Heather) (Entered: 04/02/2015)
2015-04-0617NOTICE of Proposed Order by CENTRAL INTELLIGENCE AGENCY re 16 MOTION for Summary Judgment (Attachments: # 1 Text of Proposed Order)(Graham-Oliver, Heather) (Entered: 04/06/2015)
2015-04-2818Unopposed MOTION for Extension of Time to File Response/Reply as to 16 MOTION for Summary Judgment by LOOKS FILMPRODUKTIONEN GMBH (Attachments: # 1 Text of Proposed Order)(McClanahan, Kelly) (Entered: 04/28/2015)
2015-04-28MINUTE ORDER (paperless) GRANTING the plaintiff's 18 Unopposed Motion for Enlargement of Time to File Its Opposition to Defendant's Motion for Summary Judgment. The plaintiff shall, by May 5, 2015, file any opposition and/or cross-motion for summary judgment in response to the defendant's 16 Motion for Summary Judgment in a single, omnibus submission. Signed by Judge Beryl A. Howell on April 28, 2015. (lcbah1) (Entered: 04/28/2015)
2015-04-29Set/Reset Deadlines: Cross-Motion/Opposition to 16 Motion for Summary Judgment due by 5/5/2015. (tg, ) (Entered: 04/29/2015)
2015-05-0619MOTION for Extension of Time to File Response/Reply as to 16 MOTION for Summary Judgment by LOOKS FILMPRODUKTIONEN GMBH (Attachments: # 1 Text of Proposed Order)(McClanahan, Kelly) (Entered: 05/06/2015)
2015-05-06MINUTE ORDER (paperless) GRANTING, nunc pro tunc , the plaintiff's 19 Motion for Brief Enlargement of Time to File its Opposition to Defendant's 16 Motion for Summary Judgment. The plaintiff shall, by May 6, 2015, file any opposition to the defendant's 16 Motion and any cross-motion for summary judgment in a single, omnibus submission. Signed by Judge Beryl A. Howell on May 6, 2015. (lcbah3) (Entered: 05/06/2015)
2015-05-06Set/Reset Deadlines: Plaintiff's Cross Motion and Opposition to Motion for Summary Judgment due by 5/6/2015. (tg, ) (Entered: 05/06/2015)
2015-05-0620Consent MOTION for Extension of Time to File Response/Reply as to 16 MOTION for Summary Judgment by LOOKS FILMPRODUKTIONEN GMBH (Attachments: # 1 Text of Proposed Order)(McClanahan, Kelly) (Entered: 05/06/2015)
2015-05-06MINUTE ORDER (paperless) GRANTING the plaintiff's 20 Consent Motion for Further Enlargement of Time to File its Opposition to the Defendant's 16 Motion for Summary Judgment. The plaintiff shall, by May 11, 2015, file any opposition to the defendant's 16 Motion and any cross-motion for summary judgment in a single, omnibus submission. Signed by Judge Beryl A. Howell on May 6, 2015. (lcbah3) (Entered: 05/06/2015)
2015-05-06Set/Reset Deadlines: Plaintiff's Cross Motion and Opposition to Motion for Summary Judgment due by 5/11/2015. (tg, ) (Entered: 05/06/2015)
2015-05-1121Unopposed MOTION for Extension of Time to File Response/Reply as to 16 MOTION for Summary Judgment by LOOKS FILMPRODUKTIONEN GMBH (Attachments: # 1 Text of Proposed Order)(McClanahan, Kelly) (Entered: 05/11/2015)
2015-05-11MINUTE ORDER (paperless) GRANTING the plaintiff's 21 Unopposed Motion for Further Enlargement of Time to File Its Opposition to Defendant's 16 Motion for Summary Judgment. The plaintiff shall, by May 14, 2015, file any cross-motion for summary judgment and/or any opposition to the defendant's 16 motion in a single, omnibus submission. Signed by Judge Beryl A. Howell on May 11, 2015. (lcbah1) (Entered: 05/11/2015)
2015-05-12Set/Reset Deadlines: Plaintiff's Cross Motion/Opposition to Motion for Summary Judgment due by 5/14/2015. (tg, ) (Entered: 05/12/2015)
2015-05-1322Consent MOTION for Briefing Schedule (Amended) by LOOKS FILMPRODUKTIONEN GMBH (Attachments: # 1 Text of Proposed Order)(McClanahan, Kelly) (Entered: 05/13/2015)
2015-05-13MINUTE ORDER (paperless) GRANTING the plaintiff's 22 Consent Motion to Amend Briefing Schedule for Defendant's 16 Motion for Summary Judgment. The plaintiff shall, by May 20, 2015, file any opposition to the defendant's 16 motion and/or any cross-motion for summary judgment in a single, omnibus submission; the defendant shall, by June 10, 2015, file any reply in support of its 16 motion and/or any opposition to the plaintiff's cross-motion for summary judgment in a single, omnibus submission; the plaintiff shall, by June 23, 2015, file any reply in support of its motion. Signed by Judge Beryl A. Howell on May 13, 2015. (lcbah1) (Entered: 05/13/2015)
2015-05-14Set/Reset Deadlines: Cross Motion/Opposition to Motion for Summary Judgment due by 5/20/2015; Opposition to Cross Motion/Reply to Opposition to Motion for Summary Judgment due by 6/10/2015; Reply to Opposition to Cross Motion due by 6/23/2015. (tg, ) (Entered: 05/14/2015)
2015-05-2023MOTION for Leave to File Amended Complaint by LOOKS FILMPRODUKTIONEN GMBH (Attachments: # 1 Exhibit - First Amended Complaint, # 2 Text of Proposed Order)(McClanahan, Kelly) (Entered: 05/20/2015)
2015-05-2024Consent MOTION to Stay re 16 MOTION for Summary Judgment Pending Resolution of Motion for Leave to File Amended Complaint by LOOKS FILMPRODUKTIONEN GMBH (Attachments: # 1 Text of Proposed Order)(McClanahan, Kelly) (Entered: 05/20/2015)
2015-05-21MINUTE ORDER (paperless) GRANTING the plaintiff's 24 Consent Motion to Stay Briefing and STAYING this matter until the Court decides the plaintiff's 23 Motion for Leave to File Amended Complaint. The parties shall, within fourteen days of the Court's ruling on the plaintiff's 23 Motion for Leave to File, submit a proposed schedule to control further proceedings in this matter. Signed by Judge Beryl A. Howell on May 21, 2015. (lcbah1) (Entered: 05/21/2015)
2015-05-21Case Stayed. (tg, ) (Entered: 05/21/2015)
2015-06-11MINUTE ORDER (paperless) TO SHOW CAUSE why the plaintiff's 23 Motion for Leave to File Amended Complaint should not be granted as conceded. The plaintiff filed its 23 Motion for Leave to File on May 20, 2015. To date, no opposition has been received, although the 23 motion notes that the defendant is opposed to the motion. 23 Pl.'s Motion at 1. Consequently, the defendant is ORDERED TO SHOW CAUSE, by June 18, 2015, (1) why the plaintiff's 23 motion should not be granted as conceded and (2) to submit any opposition to the plaintiff's 23 motion. Failure to respond timely to this Order will result in the plaintiff's 23 motion being granted as conceded. Signed by Judge Beryl A. Howell on June 11, 2015. (lcbah1) (Entered: 06/11/2015)
2015-06-11Set/Reset Deadlines: Response to Show Cause due by 6/18/2015. (tg) (Entered: 06/11/2015)
2015-06-19MINUTE ORDER (paperless) GRANTING the plaintiff's 23 Motion for Leave to File Am. Complaint AS CONCEDED. The plaintiff filed its 23 motion on May 20, 2015. On June 11, 2015, this Court ordered the defendant to show cause why the motion should not be granted as conceded by June 18, 2015, since the defendant had filed no timely opposition to the plaintiff's 23 Motion. The defendant did not file a response to this Court's Order to Show Cause. Consequently, the plaintiff's 23 Motion is GRANTED AS CONCEDED. The stay in this matter is LIFTED. The parties shall, by July 2, 2015, submit jointly a proposed schedule to control further proceedings in this matter. Signed by Judge Beryl A. Howell on June 19, 2015. (lcbah1) (Entered: 06/19/2015)
2015-06-19Set/Reset Deadlines: Stay Lifted. Joint Proposed Schedule to Control Further Proceedings due by 7/2/2015. (tg) (Entered: 06/19/2015)
2015-06-1925First AMENDED COMPLAINT against CENTRAL INTELLIGENCE AGENCY filed by LOOKS FILMPRODUKTIONEN GMBH.(zrdj) (Entered: 06/19/2015)
2015-07-07MINUTE ORDER (paperless) TO SHOW CAUSE why the parties have failed to comply with this Court's June 19, 2015 Order, which requires that the parties file jointly a proposed schedule to control further proceedings in this matter by July 2, 2015. Consequently, the parties are ORDERED to submit, by July 10, 2015: (a) the proposed schedule required by this Court's Order of June 19, 2015; and (b) an explanation as to why the parties failed to comply with this Court's Order. Failure to comply may result in the dismissal of this matter for failure to prosecute, pursuant to Local Civil Rule 83.23. Signed by Judge Beryl A. Howell on July 7, 2015. (lcbah1) (Entered: 07/07/2015)
2015-07-07Set/Reset Deadlines: Response to Show Cause due by 7/10/2015. (tg) (Entered: 07/07/2015)
2015-07-1026STATUS REPORT (Joint) and Response to Order to Show Cause by LOOKS FILMPRODUKTIONEN GMBH. (McClanahan, Kelly) (Entered: 07/10/2015)
2015-07-10MINUTE ORDER (paperless) DISCHARGING this Court's Order to Show Cause of July 7, 2015, and ISSUING the following AMENDED SCHEDULING ORDER to control further proceedings in this matter: the defendant shall, by August 4, 2015, file any supplemental brief supporting its 16 Motion for Summary Judgment; the plaintiff shall, by August 28, 2015, file any cross-motion and/or opposition to the defendant's 16 Motion; the defendant shall, by October 6, 2015, file any opposition to any cross-motion and/or any reply to the plaintiff's opposition; the plaintiff shall, by October 23, 2015, file any reply. Signed by Judge Beryl A. Howell on July 10, 2015. (lcbah1) (Entered: 07/10/2015)
2015-07-13Set/Reset Deadlines: Supplemental Memorandum due by 8/4/2015; Cross Motion/Opposition to Motion for Summary Judgment due by 8/28/2015; Opposition to Cross-Motion/Reply to Oppositions to Motion for Summary Judgment due by 10/6/2015; Reply to Opposition to Cross Motion due by 10/23/2015. (tg) (Entered: 07/13/2015)
2015-08-0427MOTION to Dismiss by CENTRAL INTELLIGENCE AGENCY (Graham-Oliver, Heather) (Entered: 08/04/2015)
2015-08-2928MOTION for Extension of Time to File Response/Reply as to 16 MOTION for Summary Judgment , 27 MOTION to Dismiss by LOOKS FILMPRODUKTIONEN GMBH (Attachments: # 1 Text of Proposed Order)(McClanahan, Kelly) (Entered: 08/29/2015)
2015-08-31MINUTE ORDER (paperless) GRANTING, nunc pro tunc , the plaintiff's 28 Motion for Enlargement of Time to file plaintiff's opposition to defendant's 16 motion for summary judgment and defendant's 27 supplemental motion to dismiss plaintiff's APA claim as conceded. See this Court's 4 Standing Order Paragraph 6 (a). Accordingly, the plaintiff shall, by September 21, 2015, file any response to the defendant's 16 motion for summary judgment and defendant's 27 supplemental motion to dismiss plaintiff's APA claim; and the parties shall, by September 4, 2015, file a Joint Proposed Briefing Schedule regarding any reply to the plaintiff's opposition and/or opposition to any plaintiff's cross-motion by the defendant, and any reply by the plaintiff. Signed by Judge Beryl A. Howell on August 31, 2015. (lcbah1) (Entered: 08/31/2015)
2015-09-01Set/Reset Deadlines: By 9/21/2015, file any response to the defendant's 16 motion for summary judgment and defendant's 27 supplemental motion to dismiss plaintiff's APA claim; and the parties shall, by 9/04/2015, file a Joint Proposed Briefing Schedule regarding any reply to the plaintiff's opposition and/or opposition to any plaintiff's cross-motion by the defendant, and any reply by the plaintiff. (ad) (Entered: 09/01/2015)
2015-09-0429Joint STATUS REPORT (Proposed Briefing Schedule) by LOOKS FILMPRODUKTIONEN GMBH. (McClanahan, Kelly) (Entered: 09/04/2015)
2015-09-04MINUTE ORDER (paperless) ISSUING the following SCHEDULING ORDER to control the timing of the dispositive motions in this matter, upon consideration of the parties' 29 Joint Proposed Briefing Schedule. The plaintiff shall file its response to the defendant's 16 summary judgment motion and defendant's 27 supplemental motion to dismiss plaintiff's APA claim, as well as any cross-motion by September 21, 2015; the defendant shall, by October 21, 2015, file any reply and opposition to any cross-motion; and the plaintiff shall, by November 5, 2015, file any reply to any cross-motion. Signed by Judge Beryl A. Howell on September 4, 2015. (lcbah1) (Entered: 09/04/2015)
2015-09-08Set/Reset Deadlines: The plaintiff shall file its response to the defendant's 16 summary judgment motion and defendant's 27 supplemental motion to dismiss plaintiff's APA claim, as well as any cross-motion by 9/21/2015; the defendant shall, by 10/21/2015, file any reply and opposition to any cross-motion; and the plaintiff shall, by 11/05/2015, file any reply to any cross-motion. (ad) Modified on 9/8/2015 to correct the deadline date for the reply and opposition to any cross-motion (ad). (Entered: 09/08/2015)
2015-09-2930Memorandum in opposition to re 16 MOTION for Summary Judgment , 27 MOTION to Dismiss filed by LOOKS FILMPRODUKTIONEN GMBH. (Attachments: # 1 Exhibit A - Assignment, # 2 Exhibit B - Reconsideration request, # 3 Exhibit C - Released records, # 4 Exhibit D - CREST records, # 5 Exhibit E - IPS DiMaio declaration, # 6 Exhibit F - NSC aggregation appeal response, # 7 Text of Proposed Order)(McClanahan, Kelly) (Entered: 09/29/2015)
2015-09-2931Cross MOTION for Partial Summary Judgment by LOOKS FILMPRODUKTIONEN GMBH (Attachments: # 1 Exhibit A - Assignment, # 2 Exhibit B - Reconsideration request, # 3 Exhibit C - Released records, # 4 Exhibit D - CREST records, # 5 Exhibit E - IPS DiMaio declaration, # 6 Exhibit F - NSC aggregation appeal response, # 7 Text of Proposed Order)(McClanahan, Kelly) (Entered: 09/29/2015)
2015-09-3032Unopposed MOTION for Extension of Time to File Response/Reply as to 16 MOTION for Summary Judgment , 27 MOTION to Dismiss by LOOKS FILMPRODUKTIONEN GMBH (Attachments: # 1 Text of Proposed Order)(McClanahan, Kelly) (Entered: 10/01/2015)
2015-10-02MINUTE ORDER (paperless) GRANTING nunc pro tunc plaintiff's 32 Unopposed Motion for Enlargement of Time within Which to File its Opposition to Defendant's 16 Motion for Summary Judgment and Defendant's 27 Supplemental Motion to Dismiss Plaintiffs APA Claim. The Court alerts the plaintiff that its 32 Unopposed Motion for Enlargement of Time omits plaintiff's 31 untimely Cross Motion for Partial Summary Judgment. Signed by Judge Beryl A. Howell on October 2, 2015. (lcbah1) (Entered: 10/02/2015)
2015-10-0533Unopposed MOTION for Extension of Time to File Cross-Motion for Partial Summary Judgment by LOOKS FILMPRODUKTIONEN GMBH (Attachments: # 1 Text of Proposed Order)(McClanahan, Kelly) (Entered: 10/05/2015)
2015-10-05MINUTE ORDER (paperless) GRANTING nunc pro tunc plaintiff's 33 Unopposed Motion for Enlargement of Time within Which to File Its Cross-Motion for Partial Summary Judgment. Signed by Judge Beryl A. Howell on October 5, 2015. (lcbah1) (Entered: 10/05/2015)
2015-10-2934Consent MOTION for Extension of Time to File Response/Reply as to 16 MOTION for Summary Judgment , 31 Cross MOTION for Partial Summary Judgment by CENTRAL INTELLIGENCE AGENCY (Graham-Oliver, Heather) (Entered: 10/29/2015)
2015-10-30MINUTE ORDER (paperless) GRANTING the defendant's 34 Consent Motion for Extension of Time to File its Reply to Plaintiff's Opposition to Defendants Motion for Summary Judgment and Opposition. Accordingly, the defendant shall, by November 5, 2015, file its reply to plaintiff's 30 opposition and any opposition to plaintiff's 31 Cross-Motion for Partial Summary Judgment; and the plaintiff shall, by December 3, 2015, file any reply to defendant's opposition. Signed by Judge Beryl A. Howell on October 30, 2015. (lcbah1) (Entered: 10/30/2015)
2015-10-30Set/Reset Deadlines: Defendant's Opposition to Cross-Motion and Reply to Opposition to Motion for Summary Judgment due by 11/5/2015; Plaintiff's Reply to Opposition to Cross Motion due by 12/3/2015. (tg) (Entered: 10/30/2015)
2015-11-0535MOTION for Extension of Time to File Reply In Support of Motion for Summary Judgment and Opposition by CENTRAL INTELLIGENCE AGENCY (Graham-Oliver, Heather) (Entered: 11/05/2015)
2015-11-06MINUTE ORDER (paperless) GRANTING nunc pro tunc the defendant's unopposed 35 Motion for Extension of Time to File its Reply to Plaintiff's Opposition to Defendant's Motion for Summary Judgment and Opposition to Plaintiff's Cross Motion. Accordingly, the defendant shall, by November 24, 2015, file its reply to plaintiff's 30 opposition and opposition to plaintiff's 31 Cross-Motion for Partial Summary Judgment; and the plaintiff shall, by December 15, 2015, file any reply to defendant's opposition. Signed by Judge Beryl A. Howell on November 6, 2015. (lcbah1) (Entered: 11/06/2015)
2015-11-09Set/Reset Deadlines: Defendant's Reply to 30 opposition and opposition to 31 Cross-Motion due by 11/24/2015; Plaintiff's Reply to opposition to Cross Motion due by 12/15/2015. (tg) (Entered: 11/09/2015)
2015-11-2436Unopposed MOTION for Extension of Time to File Response/Reply as to 16 MOTION for Summary Judgment , 31 Cross MOTION for Partial Summary Judgment by CENTRAL INTELLIGENCE AGENCY (Graham-Oliver, Heather) (Entered: 11/24/2015)
2015-11-24MINUTE ORDER (paperless) GRANTING the defendant's 36 Unopposed Motion for Extension of Time to File Its Reply to Plaintiff's Opposition to Defendant's Motion for Summary Judgment and Opposition to Plaintiff's Cross-Motion. Accordingly, the defendant shall, by December 17, 2015, file its reply to plaintiff's 30 opposition and opposition to plaintiff's 31 Cross-Motion for Partial Summary Judgment; and the plaintiff, shall, by January 18, 2016, file any reply to defendant's opposition. Signed by Judge Beryl A. Howell on November 24, 2015. (lcbah1) (Entered: 11/24/2015)
2015-11-24Set/Reset Deadlines: Defendant's Opposition to Cross Motion and Reply to Opposition to Motion for Summary Judgment due by 12/17/2015; Plaintiff's Reply to Opposition to Cross Motion due by 1/18/2016. (tg) (Entered: 11/24/2015)
2015-12-1737Consent MOTION for Extension of Time to File Opposition to Plaintiff's Cross-Motion for Summary judgment and , Consent MOTION for Extension of Time to File Response/Reply as to 16 MOTION for Summary Judgment by CENTRAL INTELLIGENCE AGENCY (Graham-Oliver, Heather) (Entered: 12/17/2015)
2015-12-17MINUTE ORDER (paperless) GRANTING the defendant's 37 Consent Motion for Extension of Time to File Its Reply to Plaintiff's Opposition to Defendant's Motion for Summary Judgment and Opposition to Plaintiff's Cross-Motion. Accordingly, the defendant shall, by February 1, 2016, file its reply to plaintiff's 30 opposition and opposition to plaintiff's 31 Cross-Motion for Partial Summary Judgment; and the plaintiff, shall, by March 4, 2016, file any reply to defendant's opposition. Signed by Judge Beryl A. Howell on December 17, 2015. (lcbah1) (Entered: 12/17/2015)
2015-12-18Set/Reset Deadlines: Opposition to Cross Motion/Reply to Opposition to Motion for Summary Judgment due by 2/1/2016; Reply to Cross-Motion due by 3/4/2016. (tg) (Entered: 12/18/2015)
2016-02-0138Consent MOTION for Extension of Time to File Response/Reply as to 16 MOTION for Summary Judgment by CENTRAL INTELLIGENCE AGENCY (Graham-Oliver, Heather) (Entered: 02/01/2016)
2016-02-01MINUTE ORDER (paperless) GRANTING the defendant's 38 Consent Motion for Extension of Time to File Its Reply to Plaintiff's Opposition to Defendant's Motion for Summary Judgment and Opposition to Plaintiff's Cross Motion. Accordingly, the defendant shall, by February 29, 2016, file its reply to the plaintiff's 30 opposition and opposition to the plaintiff's 31 cross motion for summary judgment; and the plaintiff shall, by March 29, 2016, file any reply to defendant's opposition. Signed by Judge Beryl A. Howell on February 2, 2016. (lcbah1) (Entered: 02/01/2016)
2016-02-01Set/Reset Deadlines: Defendant's Opposition to Cross-Motion and Reply to Opposition to Motion for Summary Judgment due by 2/29/2016; PLaintiff's Reply to Opposition to Cross Motion due by 3/29/2016. (tg) (Entered: 02/01/2016)
2016-02-2939Consent MOTION for Extension of Time to File Response/Reply as to 16 MOTION for Summary Judgment by CENTRAL INTELLIGENCE AGENCY (Graham-Oliver, Heather) (Entered: 02/29/2016)
2016-02-29MINUTE ORDER (paperless) DENYING the defendant's 39 Consent Motion for Extension of Time to File its Reply to Plaintiff's Opposition to Defendant's Motion for Summary Judgment and Opposition to Plaintiff's Cross Motion as MOOT and STAYING this action until April 1, 2016, upon consideration of the defendant's consent motion for extension of time. "[T]he District Court has a broad discretion in granting or denying stays so as to 'coordinate the business of the court efficiently and sensibly.'" McSurely v. McClellan , 426 F.2d 664, 671 (D.C. Cir. 1970) (citing Landis v. North American Co. , 299 U.S. 248, 255 (1936)). "Indeed, 'a trial court may, with propriety, find it is efficient for its own docket and the fairest course for the parties to enter a stay of an action before it, pending resolution of independent proceedings which bear upon the case.'" Hisler v. Gallaudet Univ. , 344 F. Supp. 2d 29, 35 (D.D.C. 2004) (quoting Leyva v. Certified Grocers of California, Ltd. , 593 F.2d 857, 863-64 (9th Cir. 1979)). The defendant Agency represents that it has recently "re-classified documents that would be responsive" to the plaintiff's FOIA request, which is at issue in this case, and that it "made an additional release of material on Friday, February 26, 2016." The defendant submits that this latest production may resolve the matter and render any further briefing of the pending motions unnecessary. After weighing "the court's interest in judicial economy and any possible hardship to the parties," Belize Soc. Dev. Ltd. v. Gov't of Belize , 668 F.3d 724, 733 (D.C. Cir. 2012) cert. denied , 133 S. Ct. 274 (2012) (citation omitted), the Court STAYS this action until April 1, 2016, on which date the parties shall provide a joint status report regarding the impact, if any, of the most recent production on this matter, and a proposed schedule to control the remaining briefing in this matter. Signed by Judge Beryl A. Howell on February 29, 2016. (lcbah1) (Entered: 02/29/2016)
2016-02-29Case Stayed until 4/1/2016. (tg) (Entered: 03/01/2016)
2016-02-29Set/Reset Deadlines: Joint Status Report due by 4/1/2016. (tg) (Entered: 03/01/2016)
2016-04-0140Joint STATUS REPORT and Proposed Briefing Schedule by LOOKS FILMPRODUKTIONEN GMBH. (McClanahan, Kelly) (Entered: 04/01/2016)
2016-04-04MINUTE ORDER (paperless) LIFTING the stay of this action and, ISSUING the following amended SCHEDULING ORDER, in light of the parties' 40 Joint Status Report and Proposed Briefing Schedule: the defendant shall file, by April 21, 2016, its reply in support of its own motion and opposition to the plaintiff's cross-motion, and the plaintiff shall file, by May 5, 2016, its sur-reply to the defendant's motion and reply in support of its own cross-motion. Signed by Chief Judge Beryl A. Howell on April 4, 2016. (lcbah1) (Entered: 04/04/2016)
2016-04-04Set/Reset Deadlines: Defendant's Opposition to Cross-Motion/Reply in Support of Its Own Motion due by 4/21/2016; Plaintiff's Reply to Opposition Cross- Motion/Sur-reply to the Defendant's Reply due by 5/5/2016. (tg) (Entered: 04/04/2016)
2016-04-2141Consent MOTION for Extension of Time to File Response/Reply as to 31 Cross MOTION for Partial Summary Judgment by CENTRAL INTELLIGENCE AGENCY (Graham-Oliver, Heather) (Entered: 04/21/2016)
2016-04-25MINUTE ORDER (paperless) GRANTING the defendant's 41 Consent Motion for Extension of Time to File its Reply to Plaintiff's Opposition to Defendant's Motion for Summary Judgment and Opposition to Plaintiff's Cross Motion. Accordingly, the defendant shall, by April 27, 2016, file its reply in support of its motion for summary judgment and opposition to the plaintiff's cross-motion; the plaintiff shall, by May 12, 2016, file any reply. Signed by Chief Judge Beryl A. Howell on April 25, 2016. (lcbah1) (Entered: 04/25/2016)
2016-04-25Set/Reset Deadlines: Defendant's Reply to Opposition to Motion for Summary Judgment due by 4/27/2016; Plaintiff's Reply to Opposition to Cross-Motion due by 5/12/2016. (tg) (Entered: 04/25/2016)
2016-04-2742REPLY to opposition to motion re 16 MOTION for Summary Judgment and opposition to Plaintiff's Cross-Motion for Summary Judgment filed by CENTRAL INTELLIGENCE AGENCY. (Attachments: # 1 Affidavit Shiner Declaration, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Exhibit 9, # 11 Exhibit 10, # 12 Exhibit 11, # 13 Exhibit 12, # 14 Exhibit 13, # 15 Exhibit 14, # 16 Exhibit 15, # 17 Exhibit 16)(Graham-Oliver, Heather) (Entered: 04/27/2016)
2016-04-2743RESPONSE re 31 Cross MOTION for Partial Summary Judgment filed by CENTRAL INTELLIGENCE AGENCY. (Attachments: # 1 Exhibit Notice of Filing)(Graham-Oliver, Heather) (Entered: 04/27/2016)
2016-04-2844ERRATA by CENTRAL INTELLIGENCE AGENCY 43 Response to motion filed by CENTRAL INTELLIGENCE AGENCY, 42 Reply to opposition to Motion,, filed by CENTRAL INTELLIGENCE AGENCY. (Attachments: # 1 Exhibit 4, # 2 Exhibit 5, # 3 Exhibit 6)(Graham-Oliver, Heather) (Entered: 04/28/2016)
2016-05-1245Unopposed MOTION for Extension of Time to File Response/Reply as to 16 MOTION for Summary Judgment , 27 MOTION to Dismiss , 31 Cross MOTION for Partial Summary Judgment by LOOKS FILMPRODUKTIONEN GMBH (Attachments: # 1 Text of Proposed Order)(McClanahan, Kelly) (Entered: 05/13/2016)
2016-05-13MINUTE ORDER (paperless) GRANTING nunc pro tunc the plaintiff's 45 Unopposed Motion for Enlargement of Time to File Its Reply in Support of Its Cross-Motion for Partial Summary Judgment. Accordingly, the plaintiff shall, by May 13, 2016, file its reply. Signed by Chief Judge Beryl A. Howell on May 13, 2016. (lcbah2) (Entered: 05/13/2016)
2016-05-13Set/Reset Deadlines: Plaintiff's Reply in Support of its Cross-Motion for Partial Summary Judgment due by 5/13/2016. (tg) (Entered: 05/13/2016)
2016-05-1446REPLY to opposition to motion re 31 Cross MOTION for Partial Summary Judgment filed by LOOKS FILMPRODUKTIONEN GMBH. (McClanahan, Kelly) (Entered: 05/14/2016)
2016-05-1447SURREPLY to re 16 MOTION for Summary Judgment filed by LOOKS FILMPRODUKTIONEN GMBH. (McClanahan, Kelly) (Entered: 05/14/2016)
2016-08-0548ORDER GRANTING the defendant's 16 Motion for Summary Judgment; DENYING as moot the defendant's 27 Supplemental Motion to Dismiss the Plaintiff's APA Claim; and DENYING as finding as moot the plaintiff's 31 Cross-Motion for Partial Summary Judgment. The Clerk is directed to close the case. See Order for further details. Signed by Chief Judge Beryl A. Howell on August 5, 2016. (lcbah1) (Entered: 08/05/2016)
2016-08-0549MEMORANDUM OPINION regarding the defendant's 16 Motion for Summary Judgment; the defendant's 27 Supplemental Motion to Dismiss the Plaintiff's APA Claim; and the plaintiff's 31 Cross-Motion for Partial Summary Judgment. Signed by Chief Judge Beryl A. Howell on August 5, 2016. (lcbah1) (Entered: 08/05/2016)
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