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Case TitleACCURACY IN MEDIA, INC. et al v. DEPARTMENT OF DEFENSE et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2014cv01589
Date Filed2014-09-19
Date ClosedOpen
JudgeJudge Loren L. AliKhan
PlaintiffACCURACY IN MEDIA, INC.
PlaintiffROGER L. ARONOFF
PlaintiffLARRY W. BAILEY Captain, USN, Ret.
PlaintiffKENNETH BENWAY Lieutenant Colonel, USA, Ret.
PlaintiffRICHARD F. BRAUER, JR Colonel, USA, Ret.
PlaintiffCLARE M. LOPEZ
PlaintiffJAMES A. LYONS, JR. Admiral, USN, Ret.
PlaintiffKEVIN MICHAEL SHIPP
Case DescriptionAccuracy in Media and a number of retired military officers submitted 17 FOIA requests to multiple agencies for records pertaining to the attack on the U.S. consulate in Benghazi. The requests also asked for expedited processing, inclusion in the media category, and a public interest fee waiver. While some agencies failed to respond further, several agencies denied expedited processing and the State Department asked Accuracy in Media to narrow its request, which it did. After exhausting administrative remedies with all the agencies, Accuracy in Media filed suit.
Complaint issues: Failure to respond within statutory time limit, Expedited processing, Fee Category - Media or Educational, Public Interest Fee Waiver, Choice of format, Litigation - Attorney's fees

DefendantDEPARTMENT OF DEFENSE And its Components Department Of The Army, Navy Department, Department Of The Air Force, Marine Corps, European Command,Central Command, Africa Command, Special Operations Command, Office Of Secretary Of Defense And Joint Staff,Defense Intelligence Agency
DefendantU.S. DEPARTMENT OF STATE
DefendantDEPARTMENT OF JUSTICE And Its Component Federal Bureau of Investigation
DefendantUS DEPT OF JUSTICE And Its Component Federal Bureau of Investigation
DefendantU.S. DEPARTMENT OF JUSTICE And Its Component Federal Bureau of Investigation
DefendantCENTRAL INTELLIGENCE AGENCY
DefendantCENTRAL INTELLIGENCE AGENCY
Washington, DC 20505
Documents
Docket
Complaint
Opinion/Order [92]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2014-09-191COMPLAINT against All Defendants ( Filing fee $ 400 receipt number 0090-3844221) filed by CLARE M LOPEZ, LARRY W. BAILEY, JAMES A. LYONS, JR, ROGER L ARONOFF, KEVIN MICHAEL SHIPP, ACCURACY IN MEDIA, INC., KENNETH BENWAY, RICHARD F BRAUER, JR.(Clarke, John) (Entered: 09/19/2014)
2014-09-192CIVIL COVER SHEET by ACCURACY IN MEDIA, INC. re 1 Complaint, filed by ACCURACY IN MEDIA, INC.. Related document: 1 Complaint, filed by CLARE M LOPEZ, ROGER L ARONOFF, LARRY W. BAILEY, KENNETH BENWAY, JAMES A. LYONS, JR., ACCURACY IN MEDIA, INC., RICHARD F BRAUER, JR, KEVIN MICHAEL SHIPP.(Clarke, John) (Entered: 09/19/2014)
2014-09-193REQUEST FOR SUMMONS TO ISSUE by ACCURACY IN MEDIA, INC. re 1 Complaint, filed by ACCURACY IN MEDIA, INC.. Related document: 1 Complaint, filed by CLARE M LOPEZ, ROGER L ARONOFF, LARRY W. BAILEY, KENNETH BENWAY, JAMES A. LYONS, JR., ACCURACY IN MEDIA, INC., RICHARD F BRAUER, JR, KEVIN MICHAEL SHIPP. (Attachments: # 1 Summons, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Summons, # 6 Summons)(Clarke, John) (Entered: 09/19/2014)
2014-09-19Case Assigned to Judge Emmet G. Sullivan. (kb) (Entered: 09/19/2014)
2014-09-204REQUEST FOR SUMMONS TO ISSUE Summons by ACCURACY IN MEDIA, INC. filed by ACCURACY IN MEDIA, INC.. (Attachments: # 1 Summons, # 2 Summons)(Clarke, John) (Entered: 09/20/2014)
2014-09-225SUMMONS (2) Issued Electronically as to U.S. Attorney and U.S. Attorney General (td, ) (Entered: 09/22/2014)
2014-09-226LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by ACCURACY IN MEDIA, INC. (Attachments: # 1 CERTIFICATE RULE LCvR 7.1)(Clarke, John) (Entered: 09/22/2014)
2014-09-237SUMMONS (4) Issued Electronically as to CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF JUSTICE, DEPARTMENT OF STATE. (Attachments: # 1 Consent Form, # 2 Notice of Consent)(kb) (Entered: 09/23/2014)
2014-12-228NOTICE of Appearance by Megan Anne Crowley on behalf of All Defendants (Crowley, Megan) (Entered: 12/22/2014)
2014-12-229ANSWER to Complaint by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF JUSTICE, DEPARTMENT OF STATE. (Attachments: # 1 Exhibit Attachment 1, # 2 Exhibit Attachment 2, # 3 Exhibit Attachment 3, # 4 Exhibit Attachment 4, # 5 Exhibit Attachment 5, # 6 Exhibit Attachment 6, # 7 Exhibit Attachment 7, # 8 Exhibit Attachment 8, # 9 Exhibit Attachment 9, # 10 Exhibit Attachment 10, # 11 Exhibit Attachment 11, # 12 Exhibit Attachment 12, # 13 Exhibit Attachment 13, # 14 Exhibit Attachment 14, # 15 Exhibit Attachment 15, # 16 Exhibit Attachment 16, # 17 Exhibit Attachment 17, # 18 Exhibit Attachment 18, # 19 Exhibit Attachment 19, # 20 Exhibit Attachment 20)(Crowley, Megan) (Entered: 12/22/2014)
2015-01-0610ORDER FOR MEET AND CONFER REPORT. Attorney Meet and Confer Conference by 1/28/2015. Meet & Confer Statement due by 2/11/2015. Signed by Judge Emmet G. Sullivan on 01/06/15. (mac) (Entered: 01/06/2015)
2015-01-0711Unopposed MOTION for Leave to File Supplemental Complaint by ACCURACY IN MEDIA, INC., ROGER L. ARONOFF, LARRY W. BAILEY, KENNETH BENWAY, RICHARD F. BRAUER, JR, CLARE M. LOPEZ, JAMES A. LYONS, JR, KEVIN MICHAEL SHIPP (Attachments: # 1 Text of Proposed Order, # 2 Supplement Supplemental Complaint)(Clarke, John) (Entered: 01/07/2015)
2015-01-12MINUTE ORDER granting 11 plaintiffs' unopposed motion for leave to file supplemental complaint. The government shall answer or otherwise respond to 11 plaintiffs' supplemental complaint by no later than January 23, 2015. Signed by Judge Emmet G. Sullivan on January 12, 2015. (lcegs4) (Entered: 01/12/2015)
2015-01-12Set/Reset Deadlines: Government Answer due by 1/23/2015. (mac) (Entered: 01/12/2015)
2015-01-1212SUPPLEMENTAL COMPLAINT against CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF JUSTICE, DEPARTMENT OF STATE filed by CLARE M. LOPEZ, LARRY W. BAILEY, JAMES A. LYONS, JR, ROGER L. ARONOFF, KEVIN MICHAEL SHIPP, ACCURACY IN MEDIA, INC., KENNETH BENWAY, RICHARD F. BRAUER, JR.(jf, ) (Entered: 01/13/2015)
2015-01-2313ANSWER to 12 Complaint, by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF JUSTICE, DEPARTMENT OF STATE. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Crowley, Megan) (Entered: 01/23/2015)
2015-01-2614AMENDED ORDER FOR MEET AND CONFER REPORT. Attorney Meet and Confer Conference by 2/17/2015. Meet & Confer Statement due by 3/3/2015. Signed by Judge Emmet G. Sullivan on 01/26/2015. (mac) (Entered: 01/26/2015)
2015-02-2215MOTION to Expedite , MOTION to Stay CASE AGAINST CIA by ACCURACY IN MEDIA, INC., ROGER L. ARONOFF, LARRY W. BAILEY, KENNETH BENWAY, RICHARD F. BRAUER, JR, CLARE M. LOPEZ, JAMES A. LYONS, JR, KEVIN MICHAEL SHIPP (Attachments: # 1 Exhibit DOD/DIA Ad-Appeal Letter, # 2 Exhibit DOD/DIA Ad-Appeal+Rpt-Q's-Timeline, # 3 Exhibit DOD/DIA Ad-Appeal Exhibits, # 4 Exhibit State Dept Ad Appeal, # 5 Exhibit CIA Ad Appeal, # 6 Exhibit Admiral Kubic Transcript, # 7 Exhibit Intel Committee Rpt Excerpt, # 8 Exhibit LexisNexis search, # 9 Exhibit List Congressional record)(Clarke, John) (Entered: 02/22/2015)
2015-02-2616NOTICE OF WITHDRAWAL OF MOTION by ACCURACY IN MEDIA, INC., ROGER L. ARONOFF, LARRY W. BAILEY, KENNETH BENWAY, RICHARD F. BRAUER, JR, CLARE M. LOPEZ, JAMES A. LYONS, JR, KEVIN MICHAEL SHIPP re 15 MOTION to Expedite MOTION to Stay CASE AGAINST CIA (Clarke, John) (Entered: 02/26/2015)
2015-02-26MINUTE ORDER. The plaintiffs styled one filing as a motion to expedite and motion to stay case against the CIA. The plaintiffs' filing consists of over 300 pages of materials. On February 26, 2015, the plaintiffs filed a 16 notice of withdrawal of 15 motion for expedited processing. To avoid any confusion in the record, and in the interests of judicial economy, the plaintiffs are directed to refile only the motion to stay case against the CIA by no later than March 6, 2015. Accordingly, 15 plaintiffs' motion to expedite and motion to stay case against the CIA is DENIED without prejudice. Signed by Judge Emmet G. Sullivan on February 26, 2015. (lcegs4) (Entered: 02/26/2015)
2015-02-27Set/Reset Deadlines: Plaintiffs Refiling of Motion To Stay Case Against the CIA due by 3/6/2015. (mac) (Entered: 02/27/2015)
2015-03-0317MEET AND CONFER STATEMENT. (Clarke, John) (Entered: 03/03/2015)
2015-03-0318Unopposed MOTION for Order Preserving Certain Allegations by DEPARTMENT OF JUSTICE (Attachments: # 1 Declaration Hardy Decl., # 2 Text of Proposed Order)(Crowley, Megan) (Entered: 03/03/2015)
2015-03-0519MOTION to Stay PARTIAL STAY AGAINST CIA by ACCURACY IN MEDIA, INC., ROGER L. ARONOFF, LARRY W. BAILEY, KENNETH BENWAY, RICHARD F. BRAUER, JR, CLARE M. LOPEZ, JAMES A. LYONS, JR, KEVIN MICHAEL SHIPP (Attachments: # 1 Exhibit Intel Comittee Rpt Excerpt 1-15-14, # 2 Exhibit List Congressional Record, # 3 Exhibit Ad Charles Kubic, USN, (Ret.) transcript Press Roundtable)(Clarke, John) (Entered: 03/05/2015)
2015-03-20MINUTE ORDER. The CIA is directed to file its response to 19 plaintiffs' motion to stay by no later than March 27, 2015. Signed by Judge Emmet G. Sullivan on March 20, 2015. (lcegs4) (Entered: 03/20/2015)
2015-03-20Set/Reset Deadlines: CIA Response due by 3/27/2015. (mac) (Entered: 03/20/2015)
2015-03-2320NOTICE OF FILING OF PROPOSED SCHEDULING ORDER by ACCURACY IN MEDIA, INC., ROGER L. ARONOFF, LARRY W. BAILEY, KENNETH BENWAY, RICHARD F. BRAUER, JR re 17 Meet and Confer Statement (Attachments: # 1 Text of Proposed Order)(Clarke, John) (Entered: 03/23/2015)
2015-03-2721RESPONSE TO ORDER OF THE COURT re Order filed by CENTRAL INTELLIGENCE AGENCY. (Crowley, Megan) (Entered: 03/27/2015)
2015-04-0322REPLY to opposition to motion re 19 MOTION to Stay PARTIAL STAY AGAINST CIA filed by ACCURACY IN MEDIA, INC., ROGER L. ARONOFF, LARRY W. BAILEY, KENNETH BENWAY, RICHARD F. BRAUER, JR, CLARE M. LOPEZ, JAMES A. LYONS, JR, KEVIN MICHAEL SHIPP. (Clarke, John) (Entered: 04/03/2015)
2015-04-0323MOTION for Partial Summary Judgment AGAINST DEFENDANT STATE DEPARTMENT ON ISSUE OF PRODUCTION IN ELECTRONIC FORMAT by ACCURACY IN MEDIA, INC., ROGER L. ARONOFF, LARRY W. BAILEY, KENNETH BENWAY, RICHARD F. BRAUER, JR, CLARE M. LOPEZ, JAMES A. LYONS, JR, KEVIN MICHAEL SHIPP (Attachments: # 1 Exhibit State Dept FOIA requests, # 2 Exhibit State Dept email to plaintiffs, # 3 Text of Proposed Order)(Clarke, John) Modified event title on 4/6/2015 (znmw, ). (Entered: 04/03/2015)
2015-04-1624STIPULATION re 23 MOTION for Partial Summary Judgment by DEPARTMENT OF STATE. (Crowley, Megan) (Entered: 04/16/2015)
2015-05-1325MOTION for Partial Summary Judgment against Defendant DOJ for Disclosure of Three FBI 302 Reports by ACCURACY IN MEDIA, INC., ROGER L. ARONOFF, LARRY W. BAILEY, KENNETH BENWAY, RICHARD F. BRAUER, JR, CLARE M. LOPEZ, JAMES A. LYONS, JR, KEVIN MICHAEL SHIPP (Attachments: # 1 Exhibit Ex 1 13 Hours excerpts, # 2 Exhibit Ex 2 Katallah indictment, # 3 Exhibit Ex 3 Katallah docket, # 4 Text of Proposed Order)(Clarke, John). (Entered: 05/13/2015)
2015-05-1426MOTION for Extension of Time to File Response/Reply as to 25 MOTION for Summary Judgment against Defendant DOJ for Disclosure of Three FBI 302 Reports by DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Crowley, Megan) (Entered: 05/14/2015)
2015-05-2627MOTION to Amend/Correct COMPLAINT by ACCURACY IN MEDIA, INC., ROGER L. ARONOFF, LARRY W. BAILEY, KENNETH BENWAY, RICHARD F. BRAUER, JR, CLARE M. LOPEZ, JAMES A. LYONS, JR, KEVIN MICHAEL SHIPP (Attachments: # 1 Exhibit Amended Complaint, # 2 Text of Proposed Order)(Clarke, John) (Entered: 05/26/2015)
2015-05-27MINUTE ORDER granting 26 defendants' unopposed motion for extension of time. Defendants shall respond to 25 plaintiff's motion for summary judgment by no later than June 8, 2015. Signed by Judge Emmet G. Sullivan on May 27, 2015. (lcegs2) (Entered: 05/27/2015)
2015-05-27Set/Reset Deadlines: Defendant Response to Motion for Summary Judgment due by 6/8/2015. (mac) (Entered: 05/27/2015)
2015-05-27Set/Reset Deadlines: IRS Summary Judgment motion and Vaughn Index due by 6/15/2015. Plaintiff Opposition to Defendant's Motion, Combined With Any Cross Motion For Summary Judgment due by 7/15/2015. Defendant Reply In Further Support Of Its Motion, Combined With Its Opposition To The Plaintiff's Cross Motion due by 8/17/2015. Plaintiff Reply In Further Support Of Its Motion due by 8/31/2015. (zmac) (Entered: 05/27/2015)
2015-06-0328STATUS REPORT by DEPARTMENT OF DEFENSE, DEPARTMENT OF STATE. (Crowley, Megan) (Entered: 06/03/2015)
2015-06-0829Memorandum in opposition to re 25 MOTION for Summary Judgment against Defendant DOJ for Disclosure of Three FBI 302 Reports filed by DEPARTMENT OF JUSTICE. (Attachments: # 1 Declaration, # 2 Declaration, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit)(Crowley, Megan) (Entered: 06/08/2015)
2015-06-1530Unopposed MOTION for Extension of Time to File Response/Reply to DOJ Opposition to Motion for Partial Summary Judgent by ACCURACY IN MEDIA, INC., ROGER L. ARONOFF, LARRY W. BAILEY, KENNETH BENWAY, RICHARD F. BRAUER, JR, CLARE M. LOPEZ, JAMES A. LYONS, JR, KEVIN MICHAEL SHIPP (Attachments: # 1 Text of Proposed Order)(Clarke, John) (Entered: 06/15/2015)
2015-06-17MINUTE ORDER granting 30 plaintiffs' unopposed motion for extension of time. Plaintiffs shall file their reply in further support of 25 their motion for summary judgment by no later than June 26, 2015. Signed by Judge Emmet G. Sullivan on June 17, 2015. (lcegs2) (Entered: 06/17/2015)
2015-06-17Set/Reset Deadlines: Plaintiff Reply In Further Support of Motion for Summary Judgment due by 6/26/2015. (mac) (Entered: 06/17/2015)
2015-06-23MINUTE ORDER granting 18 unopposed motion for a preservation order, granting 19 plaintiff's motion to stay certain claims against the CIA, denying 23 plaintiff's first motion for partial summary judgment, denying without prejudice 25 plaintiff's second motion for partial summary judgment. The plaintiff in this case has filed a series of motions that are, in the Court's view premature and unnecessarily piecemeal. The parties submitted 20 a proposed schedule for the production of documents in this case, but the plaintiff proceeded almost immediately to file motions for partial summary judgment on narrow issues. The plaintiff, however, chose to file this case as one civil action and it will proceed as such. First, the Court GRANTS 18 the Department of Justice's unopposed motion for an Order permitting it to move for summary judgment based on the applicability of Exemption 7(A) to certain records without waiving any allegation that those records are exempt from release for other reasons. Second, the Court grants 19 plaintiff's motion to stay the portions of its claim against the Central Intelligence Agency that, in plaintiff's view, will become ripe only upon issuance of a Report by the House Select Committee. The Court finds that judicial economy would not be served by excluding these claims entirely from this case, only to reopen them at some later date. Third, in accordance with 24 the parties' stipulation, plaintiff's 23 first motion for partial summary judgment was WITHDRAWN and is therefore DENIED. Fourth, plaintiff's 27 unopposed motion for leave to file a Second Amended Complaint is hereby GRANTED. Plaintiff's Second Amended Complaint, Exhibit 1 to 27 its motion for leave, shall be filed on the docket as a separate docket entry. Defendants shall respond to the Second Amended Complaint in accordance with the Federal Rules of Civil Procedure. In view of the filing of a Second Amended Complaint and the fact that the plaintiff has sought repeatedly to file piecemeal motions for partial summary judgment, the Court DENIES WITHOUT PREJUDICE 25 plaintiff's second motion for partial summary judgment. The plaintiff chose to file this case against a number of defendants and including a number of potential legal and factual issues, and to file it in a single case. The Court intends to treat the case as such, with the exception of the claims against the CIA that have been stayed by this Order. Accordingly, neither party shall move for summary judgment on a piecemeal basis without obtaining leave of this Court and demonstrating good cause for proceeding in that manner. The parties are directed to confer and file a joint status report setting forth the following information: (1) the current status of the House Select Committee's Report and any indication of when that Report may be issued, and therefore when plaintiff's stayed claims may be reopened; (2) the parties' competing proposals for a schedule for the completion of any production of any further records by each of the defendant agencies; and (3) the parties' suggestions for an appropriate schedule--to commence after every defendant has completed its production schedule--for the briefing of a single round of cross motions for summary judgment. If the parties cannot agree on any of these issues, they shall include their individual perspectives in a joint status report. The joint status report shall be filed by no later than July 3, 2015. Signed by Judge Emmet G. Sullivan on June 23, 2015. (lcegs2) (Entered: 06/23/2015)
2015-06-2431SECOND AMENDED COMPLAINT against CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF JUSTICE, DEPARTMENT OF STATE filed by CLARE M. LOPEZ, LARRY W. BAILEY, JAMES A. LYONS, JR, ROGER L. ARONOFF, KEVIN MICHAEL SHIPP, ACCURACY IN MEDIA, INC., KENNETH BENWAY, RICHARD F. BRAUER, JR.(jf) (Entered: 06/24/2015)
2015-06-24Set/Reset Deadlines: Joint Status Report due by 7/3/2015. (mac) (Entered: 06/24/2015)
2015-07-0332STATUS REPORT JOINT by ACCURACY IN MEDIA, INC., ROGER L. ARONOFF, LARRY W. BAILEY, KENNETH BENWAY, RICHARD F. BRAUER, JR, CLARE M. LOPEZ, JAMES A. LYONS, JR, KEVIN MICHAEL SHIPP. (Clarke, John) (Entered: 07/03/2015)
2015-07-1333ANSWER to 31 Amended Complaint, by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF JUSTICE, DEPARTMENT OF STATE. Related document: 31 Amended Complaint, filed by RICHARD F. BRAUER, JR, KENNETH BENWAY, ROGER L. ARONOFF, KEVIN MICHAEL SHIPP, CLARE M. LOPEZ, LARRY W. BAILEY, ACCURACY IN MEDIA, INC., JAMES A. LYONS, JR..(Crowley, Megan) (Entered: 07/13/2015)
2015-09-0334NOTICE Regarding Motion by U.S. DEPARTMENT OF STATE (Attachments: # 1 Exhibit A)(Crowley, Megan) (Entered: 09/03/2015)
2015-09-0335MOTION to Stay by U.S. DEPARTMENT OF STATE (Attachments: # 1 Text of Proposed Order)(Crowley, Megan) (Entered: 09/03/2015)
2015-09-0436NOTICE of Court Order by U.S. DEPARTMENT OF STATE (Attachments: # 1 Exhibit)(Crowley, Megan) (Entered: 09/04/2015)
2015-10-1637Unopposed MOTION for Extension of Time to Make Final Production by U.S. DEPARTMENT OF STATE (Attachments: # 1 Text of Proposed Order)(Crowley, Megan) (Entered: 10/16/2015)
2015-10-23MINUTE ORDER granting 37 Defendant's Unopposed Motion for Extension of Time. Defendant shall make its final production no later than December 4, 2015. Signed by Judge Emmet G. Sullivan on October 23, 2015. (lcegs4) (Entered: 10/23/2015)
2015-10-23MINUTE ORDER denying Defendant's motion to stay as moot. Signed by Judge Emmet G. Sullivan on October 23, 2015. (lcegs4) (Entered: 10/23/2015)
2015-12-0338Unopposed MOTION for Extension of Time to Make Final Production by U.S. DEPARTMENT OF STATE (Attachments: # 1 Text of Proposed Order)(Crowley, Megan) (Entered: 12/03/2015)
2015-12-06MINUTE ORDER granting 38 Defendant's Unopposed Motion for Extension of Time. It is hereby ordered that Defendant Department of State shall make its final production of documents on or before December 21, 2015. Signed by Judge Emmet G. Sullivan on December 6, 2015. (lcegs4) (Entered: 12/06/2015)
2015-12-07Set/Reset Deadlines: Defendant Department of State Final Production Of Documents due by 12/21/2015. (mac) (Entered: 12/07/2015)
2015-12-2139Unopposed MOTION for Extension of Time to Make Final Production by U.S. DEPARTMENT OF STATE (Attachments: # 1 Text of Proposed Order)(Crowley, Megan) (Entered: 12/21/2015)
2015-12-23MINUTE ORDER granting 39 Unopposed Motion for Extension of Time. Defendant Department of State shall file a status report no later than January 22, 2016 indicating the status of its search and production of any responsive, non-exempt documents. Signed by Judge Emmet G. Sullivan on December 23, 2015. (lcegs4) (Entered: 12/23/2015)
2015-12-23Set/Reset Deadlines: Status Report due by 1/22/2016. (mac) (Entered: 12/23/2015)
2016-01-2240STATUS REPORT by U.S. DEPARTMENT OF STATE. (Attachments: # 1 Text of Proposed Order)(Crowley, Megan) (Entered: 01/22/2016)
2016-02-01MINUTE ORDER directing the Defendants to complete its additional searches and file a status report no later than February 5, 2016. Signed by Judge Emmet G. Sullivan on February 1, 2016. (lcegs4) (Entered: 02/01/2016)
2016-02-01Set/Reset Deadlines: Status Report due by 2/5/2016. (mac) (Entered: 02/01/2016)
2016-02-0541STATUS REPORT by U.S. DEPARTMENT OF STATE. (Crowley, Megan) (Entered: 02/05/2016)
2016-03-2542STATUS REPORT by U.S. DEPARTMENT OF STATE. (Crowley, Megan) (Entered: 03/25/2016)
2016-05-0543Unopposed MOTION for Extension of Time to Make Final Production by U.S. DEPARTMENT OF STATE (Attachments: # 1 Text of Proposed Order)(Crowley, Megan) (Entered: 05/05/2016)
2016-05-18MINUTE ORDER granting 43 Motion for Extension of Time, nunc pro tunc. Signed by Judge Emmet G. Sullivan on May 18, 2016. (lcegs4) (Entered: 05/18/2016)
2016-05-18Set/Reset Deadlines: Status Report due by 5/19/2016. (mac) (Entered: 05/18/2016)
2016-05-1944Joint STATUS REPORT by U.S. DEPARTMENT OF STATE. (Crowley, Megan) (Entered: 05/19/2016)
2016-05-2645Joint STATUS REPORT by U.S. DEPARTMENT OF STATE. (Crowley, Megan) (Entered: 05/26/2016)
2016-05-2746Unopposed MOTION for Extension of Time to Make Final Production by DEPARTMENT OF DEFENSE (Attachments: # 1 Text of Proposed Order)(Crowley, Megan) (Entered: 05/27/2016)
2016-06-0247Joint STATUS REPORT by U.S. DEPARTMENT OF STATE. (Crowley, Megan) (Entered: 06/02/2016)
2016-06-0948Joint STATUS REPORT by ACCURACY IN MEDIA, INC., ROGER L. ARONOFF, LARRY W. BAILEY, KENNETH BENWAY, RICHARD F. BRAUER, JR, CLARE M. LOPEZ, JAMES A. LYONS, JR, KEVIN MICHAEL SHIPP. (Clarke, John) (Entered: 06/09/2016)
2016-06-1349Joint STATUS REPORT by U.S. DEPARTMENT OF STATE. (Crowley, Megan) (Entered: 06/13/2016)
2016-06-2250Joint MOTION for Extension of Time to TO SUBMIT PROPOSED BRIEFING SCHEDULE by ACCURACY IN MEDIA, INC., ROGER L. ARONOFF, LARRY W. BAILEY, KENNETH BENWAY, RICHARD F. BRAUER, JR, CLARE M. LOPEZ, JAMES A. LYONS, JR, KEVIN MICHAEL SHIPP (Clarke, John) (Entered: 06/22/2016)
2016-06-23MINUTE ORDER granting 46 Motion for Extension of Time to; granting 50 Motion for Extension of Time. Signed by Judge Emmet G. Sullivan on June 23, 2016. (lcegs4) (Entered: 06/23/2016)
2016-06-23Set/Reset Deadlines: Briefing Schedule due by 6/24/2016 (mac) (Entered: 06/23/2016)
2016-06-2451Joint STATUS REPORT and Proposed Briefing Schedule by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF JUSTICE, U.S. DEPARTMENT OF STATE. (Crowley, Megan) (Entered: 06/24/2016)
2016-06-2452MEMORANDUM re 51 Status Report filed by DEPARTMENT OF JUSTICE, DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF STATE, CENTRAL INTELLIGENCE AGENCY by ACCURACY IN MEDIA, INC., ROGER L. ARONOFF, LARRY W. BAILEY, KENNETH BENWAY, RICHARD F. BRAUER, JR, CLARE M. LOPEZ, JAMES A. LYONS, JR, KEVIN MICHAEL SHIPP. (Clarke, John) (Entered: 06/24/2016)
2016-07-0153MEMORANDUM re 51 Status Report filed by DEPARTMENT OF JUSTICE, DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF STATE, CENTRAL INTELLIGENCE AGENCY by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF JUSTICE, U.S. DEPARTMENT OF STATE. (Crowley, Megan) (Entered: 07/01/2016)
2016-07-0154NOTICE of Exhibit A to Memorandum by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF JUSTICE, U.S. DEPARTMENT OF STATE re 53 Memorandum, (Crowley, Megan) (Entered: 07/01/2016)
2016-07-2255Unopposed MOTION to Lift Stay re Order on Motion for Partial Summary Judgment, Order on Motion to Amend/Correct, Order on Motion for Order, Order on Motion to Stay,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, by ACCURACY IN MEDIA, INC., ROGER L. ARONOFF, LARRY W. BAILEY, KENNETH BENWAY, RICHARD F. BRAUER, JR, CLARE M. LOPEZ, JAMES A. LYONS, JR, KEVIN MICHAEL SHIPP (Attachments: # 1 Text of Proposed Order)(Clarke, John) (Entered: 07/22/2016)
2016-07-25MINUTE ORDER granting 55 Motion to Lift Stay. Signed by Judge Emmet G. Sullivan on July 25, 2016. (lcegs4) (Entered: 07/25/2016)
2016-09-22MINUTE ORDER directing the parties to file a Joint Status Report setting forth recommendations for further proceedings no later than September 30, 2016. Signed by Judge Emmet G. Sullivan on September 22, 2016. (lcegs4) (Entered: 09/22/2016)
2016-09-22Set/Reset Deadlines: Status Report due by 9/30/2016 (mac) (Entered: 09/22/2016)
2016-09-2756Joint STATUS REPORT by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF JUSTICE, U.S. DEPARTMENT OF STATE. (Moore, Tamra) (Entered: 09/27/2016)
2016-09-28MINUTE ORDER. In view of 56 joint status report, the parties are directed to file a joint status report by no later than November 18, 2016, proposing a production schedule and a briefing schedule regarding any remaining issues. Signed by Judge Emmet G. Sullivan on 9/28/2016. (lcegs4) (Entered: 09/28/2016)
2016-09-29Set/Reset Deadlines: Status Report due by 11/18/2016 (mac) (Entered: 09/29/2016)
2016-11-1857Joint MOTION for Extension of Time to Submit Joint Status Report by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF JUSTICE, U.S. DEPARTMENT OF STATE (Attachments: # 1 Text of Proposed Order)(Moore, Tamra) (Entered: 11/18/2016)
2016-11-21MINUTE ORDER granting 57 joint motion for extension of time to submit parties' joint status report. The parties shall file a joint status report by no later than December 1, 2016. Signed by Judge Emmet G. Sullivan on 11/21/2016. (lcegs4) (Entered: 11/21/2016)
2016-11-22Set/Reset Deadlines: Joint Status Report due by 12/1/2016. (mac) (Entered: 11/22/2016)
2016-12-0158Joint STATUS REPORT by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF JUSTICE, U.S. DEPARTMENT OF STATE. (Attachments: # 1 Text of Proposed Order)(Moore, Tamra) (Entered: 12/01/2016)
2016-12-14MINUTE ORDER. Upon consideration of 58 the parties joint status report, the parties are directed to comply with the following schedule: The CIA shall produce any remaining responsive, non-exempt records no later than February 28, 2017. Defendants shall file their summary judgment motion no later than March 31, 2017. Plaintiffs shall file their cross-motion for summary judgment and opposition to Defendants' motion no later than May 1, 2017. Defendants shall file their reply in support of their summary judgment motion and in opposition to Plaintiffs' cross-motion no later than May 15, 2017. Plaintiffs shall file their reply in support of their cross-motion no later than May 30, 2017. Signed by Judge Emmet G. Sullivan on 12/14/2016. (lcegs4) (Entered: 12/14/2016)
2016-12-15Set/Reset Deadlines: Defendants Summary Judgment Motion due by 3/31/2017. Plaintiff Cross-Motion for Summary Judgment And Opposition To Defendants' Motion due by 5/1/2017. Defendants Reply In Support Of Their Summary Judgment Motion And In Opposition To Plaintiffs' Cross-Motion due by 5/15/2017. Plaintiff Reply In Support Of Their Cross-Motion due by 5/30/2017. (mac) (Entered: 12/15/2016)
2017-03-1959Joint MOTION for Briefing Schedule to be Amended by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF JUSTICE, U.S. DEPARTMENT OF STATE (Attachments: # 1 Text of Proposed Order)(Moore, Tamra) (Entered: 03/19/2017)
2017-03-22MINUTE ORDER granting 59 joint motion to amend briefing schedule. The parties shall file a joint status report identifying what, if any, issues remain for the Court to resolve on or before May 12, 2017. In the event that the parties are unable to resolve this matter outside of litigation, the parties shall file their respective dispositive motions according to the following briefing schedule: Defendants shall file their motion for summary judgment by no later than June 2, 2017. Plaintiffs shall file their cross-motion for summary judgment by no later than June 30, 2017. Defendants shall file their reply in support of their motion, combined with their opposition to plaintiffs' cross-motion for summary judgment by no later than July 14, 2017. Plaintiffs shall file their reply in support of their cross-motion for summary judgment by no later than July 28, 2017. Signed by Judge Emmet G. Sullivan on 3/22/2017. (lcegs4) (Entered: 03/22/2017)
2017-03-23Set/Reset Deadlines: Joint Status Report due by 5/12/2017. Defendants Motion For Summary Judgment due by 6/2/2017. Plaintiffs Cross-Motion For Summary Judgment due by 6/30/201. Defendant Reply In Support Of Their Motion, Combined With Their Opposition To Plaintiffs' Cross Motion For Summary Judgment due by 7/14/2017. Plaintiffs Reply In Support Of Their Cross-Motion For Summary Judgment due 7/28/2017. (mac) (Entered: 03/23/2017)
2017-05-1260Joint MOTION for Briefing Schedule and Joint Status Report by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF JUSTICE, U.S. DEPARTMENT OF STATE (Attachments: # 1 Text of Proposed Order)(Moore, Tamra) (Entered: 05/12/2017)
2017-05-12MINUTE ORDER. Upon consideration of the parties' joint status report, the Court grants 60 the parties' joint motion to amend the briefing schedule. The deadlines for dispositive motions will be continued as follows: defendants' motion for summary judgment shall be filed no later September 15, 2017; plaintiffs' opposition, which shall be combined with plaintiffs' cross-motion for summary judgment, shall be filed no later than October 13, 2017; defendants' reply, combined with defendants' opposition to plaintiffs' cross-motion, shall be filed no later than November 3, 2017; and plaintiffs' reply shall be filed by no later than December 17, 2017. Signed by Judge Emmet G. Sullivan on 5/12/2017. (lcegs2) (Entered: 05/12/2017)
2017-05-12Set/Reset Deadlines: Defendants' Motion For Summary Judgment due by 9/15/2017. Plaintiff Opposition, Which Shall Be Combined With Plaintiffs' Cross-Motion For Summary Judgment due by 10/13/2017. Defendants' Reply Combined With Defendants' Opposition To Plaintiffs' Cross-Motion due by 11/3/2017. Plaintiffs' Reply due 12/17/2017 (mac) (Entered: 05/12/2017)
2017-05-1261Joint STATUS REPORT by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF JUSTICE, U.S. DEPARTMENT OF STATE. (See Docket Entry 60 to view document). (znmw) (Entered: 05/15/2017)
2017-07-3162STANDING ORDER: The parties are directed to read the attached Standing Order Governing Civil Cases Before Judge Emmet G. Sullivan in its entirety upon receipt. The parties are hereby ORDERED to comply with the directives in the attached Standing Order. Signed by Judge Emmet G. Sullivan on 7/31/2017. (Attachments: # 1 Exhibit) (lcegs1) (Entered: 07/31/2017)
2017-09-0563Joint MOTION for Briefing Schedule to be Amended by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF JUSTICE, U.S. DEPARTMENT OF STATE (Attachments: # 1 Text of Proposed Order)(Moore, Tamra) (Entered: 09/05/2017)
2017-09-06MINUTE ORDER granting 63 the parties' joint motion to amend the briefing schedule. The deadlines for dispositive motions will be amended as follows: defendants' motion for summary judgment shall be filed by no later than December 15, 2017; plaintiffs' opposition, which shall be combined with plaintiffs' cross-motion for summary judgment, shall be filed by no later than January 19, 2018; defendants' reply, combined with defendants' opposition to plaintiffs' cross-motion, shall be filed by no later than February 9, 2018; and plaintiffs' reply shall be filed by no later than March 2, 2018. Signed by Judge Emmet G. Sullivan on September 6, 2017. (lcegs2) (Entered: 09/06/2017)
2017-09-07Set/Reset Deadlines: Defendants' Motion For Summary Judgment due by 12/15/2017. Plaintiffs' Opposition, Which Shall Be Combined With Plaintiffs' Cross-Motion For Summary Judgment by 1/19/2018. Defendants' Reply, Combined With Defendants' Opposition To Plaintiffs' Cross-Motion due by 2/9/2018. Plaintiffs' Reply due by 3/2/2018. (mac) (Entered: 09/07/2017)
2017-11-2964Joint MOTION for Briefing Schedule to be Amended by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF JUSTICE, U.S. DEPARTMENT OF STATE (Attachments: # 1 Text of Proposed Order)(Moore, Tamra) (Entered: 11/29/2017)
2017-12-01MINUTE ORDER granting 64 the parties' joint motion to amend the briefing schedule. The deadlines for dispositive motions will be amended as follows: defendants' motion for summary judgment shall be filed by no later than March 9, 2018; plaintiffs' opposition, which shall be combined with plaintiffs' cross-motion for summary judgment, shall be filed by no later than April 6, 2018; defendants' reply, combined with defendants' opposition to plaintiffs' cross-motion, shall be filed by no later than April 27, 2018; and plaintiffs' reply shall be filed by no later than May 18, 2018. Signed by Judge Emmet G. Sullivan on December 1, 2017. (lcegs2) (Entered: 12/01/2017)
2017-12-01Set/Reset Deadlines: Defendant Motion For Summary Judgment due by 3/9/2018. Plaintiff Opposition, Which Shall Be Combined With Plaintiffs' Cross-Motion For Summary Judgment due by 4/6/2018. Defendants' Reply, Combined With Defendants' Opposition To Plaintiffs' Cross-Motion due by 4/27/2018. Plaintiffs' Reply due by 5/18/2018. (mac) (Entered: 12/01/2017)
2018-03-0265Joint MOTION for Briefing Schedule to be Amended by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF JUSTICE, U.S. DEPARTMENT OF STATE (Attachments: # 1 Text of Proposed Order)(Moore, Tamra) (Entered: 03/02/2018)
2018-03-07MINUTE ORDER granting 65 joint motion for briefing schedule to be amended for good cause shown. The briefing schedule set forth in the Court's December 1, 2017 Minute Order is therefore VACATED and the deadlines for dispositive motions will be amended as follows: defendants' motion for summary judgment shall be filed by April 20, 2018; plaintiffs' opposition to defendants' motion for summary judgment and any cross-motion for summary judgment shall be filed by May 18, 2018; defendants' reply in support of their motion and opposition to the plaintiffs' cross-motion shall be filed by June 15, 2018; plaintiffs' reply in support of their cross-motion shall be filed by July 13, 2018. Signed by Judge Emmet G. Sullivan on 3/7/2018. (lcegs3) (Entered: 03/07/2018)
2018-04-1366Consent MOTION for Extension of Time to file Defendants' Summary Judgment and to Amend Briefing Schedule by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF JUSTICE, U.S. DEPARTMENT OF STATE (Attachments: # 1 Text of Proposed Order)(Moore, Tamra) (Entered: 04/13/2018)
2018-04-15MINUTE ORDER granting 66 consent motion for briefing schedule to be amended for good cause shown. The briefing schedule set forth in the Court's March 7, 2018 Minute Order is therefore VACATED and the deadlines for dispositive motions will be amended as follows: defendants' motion for summary judgment shall be filed by May 4, 2018; plaintiffs' combined opposition to defendants' motion for summary judgment and cross-motion for summary judgment shall be filed by June 8, 2018; defendants' combined reply in support of their motion and opposition to plaintiffs' cross-motion shall be filed by July 13, 2018; and plaintiffs' reply in support of their cross-motion shall be filed by August 10, 2018. Signed by Judge Emmet G. Sullivan on April 15, 2018. (lcegs2) (Entered: 04/15/2018)
2018-05-0367Consent MOTION for Extension of Time to file Defendants' Summary Judgment and to Amend Briefing Schedule by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF JUSTICE, U.S. DEPARTMENT OF STATE (Attachments: # 1 Text of Proposed Order)(Moore, Tamra) (Entered: 05/03/2018)
2018-05-03MINUTE ORDER granting 67 defendants' consent motion for an extension of time. The parties are directed to comply with the following briefing schedule: defendants' motion for summary judgement shall be filed by May 10, 2018; plaintiffs' combined opposition to defendants' motion for summary judgment and cross-motion for summary judgment shall be filed by June 15, 2018; defendants' combined reply in support of their motion and opposition to plaintiffs' cross-motion shall be filed by July 13, 2018; and plaintiffs' reply in support of their cross-motion shall be filed by August 10, 2018. Signed by Judge Emmet G. Sullivan on May 3, 2018. (lcegs2) (Entered: 05/03/2018)
2018-05-04Set/Reset Deadlines: Defendants' Motion For Summary Judgment due by 5/10/2018. Plaintiffs' Combined Opposition To Defendants' Motion For Summary Judgment And Cross-Motion For Summary Judgment due by 6/15/2018. Defendants' Combined Reply In Support Of Their Motion And Opposition To Plaintiffs' Cross-Motion due by 7/13/2018. Plaintiffs' Reply In Support OF Their Cross-Motion due by 8/10/2018. (mac) (Entered: 05/04/2018)
2018-05-1068MOTION for Summary Judgment by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF JUSTICE, U.S. DEPARTMENT OF STATE (Attachments: # 1 Statement of Facts, # 2 Memorandum in Support, # 3 Defendants' Index of Declarations and Accompanying Exhibits, # 4 Herrington (DOD) Declaration, # 5 Shiner (CIA) Declaration, # 6 Stein (State) Declaration, # 7 Third Hardy (FBI) Declaration, # 8 Hardy (FBI-State Consult) Declaration, # 9 Williams (DIA) Declaration, # 10 Text of Proposed Order)(Moore, Tamra) (Attachment 7 replaced on 5/11/2018) (td). (Attachment 8 replaced on 5/11/2018) (td). Modified to replace blank documents on 5/11/2018 (td). (Attachment 8 replaced on 5/11/2018) (ztd). (Entered: 05/10/2018)
2018-05-1469ERRATA by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF JUSTICE, U.S. DEPARTMENT OF STATE 68 MOTION for Summary Judgment filed by DEPARTMENT OF JUSTICE, DEPARTMENT OF DEFENSE, CENTRAL INTELLIGENCE AGENCY, U.S. DEPARTMENT OF STATE. (Attachments: # 1 Declaration of Rear Admiral (upper half) James J. Malloy and exhibits)(Moore, Tamra) (Entered: 05/14/2018)
2018-06-1270Consent MOTION to Amend/Correct Set/Reset Deadlines, by ACCURACY IN MEDIA, INC., ROGER L. ARONOFF, LARRY W. BAILEY, KENNETH BENWAY, RICHARD F. BRAUER, JR, CLARE M. LOPEZ, JAMES A. LYONS, JR, KEVIN MICHAEL SHIPP (Attachments: # 1 Text of Proposed Order)(Clarke, John) Modified event on 6/15/2018 (znmw). (Entered: 06/12/2018)
2018-06-15MINUTE ORDER granting plaintiffs' consent motion to amend the briefing schedule. The parties are directed to comply with the following briefing schedule: plaintiffs' combined cross-motion for summary judgment and opposition to defendants' motion shall be filed by no later than June 25, 2018; defendants' combined reply and opposition to plaintiffs' motion shall be filed by no later than July 23, 2018; and plaintiffs' reply in support of their cross-motion shall be filed by no later than August 20, 2018. Signed by Judge Emmet G. Sullivan on June 15, 2018. (lcegs2) (Entered: 06/15/2018)
2018-06-15Set/Reset Deadlines: Plaintiffs' Combined Cross-Motion For Summary Judgment And Opposition To Defendants' Motion due by 6/25/2018. Defendants Combined Reply And Opposition To Plaintiffs Motion due by 7/23/2018. Plaintiffs' Reply In Support Of Their Cross-Motion due by 8/20/2018. (mac) (Entered: 06/15/2018)
2018-06-2571Cross MOTION for Summary Judgment by ACCURACY IN MEDIA, INC., ROGER L. ARONOFF, LARRY W. BAILEY, KENNETH BENWAY, RICHARD F. BRAUER, JR, CLARE M. LOPEZ, JAMES A. LYONS, JR, KEVIN MICHAEL SHIPP (Attachments: # 1 Declaration John H Clarke, # 2 Affidavit Admiral James A. Lyons, Jr., USN, (Ret), # 3 Affidavit Rear Admiral Charles R. Kubic, CEC, USN (Ret), # 4 Statement of Facts, # 5 Exhibit Counter-Statement of Facts, # 6 Exhibit Index of Declarations, # 7 Text of Proposed Order)(Clarke, John) . (Entered: 06/25/2018)
2018-06-2572Memorandum in opposition to re 68 MOTION for Summary Judgment filed by ACCURACY IN MEDIA, INC., ROGER L. ARONOFF, LARRY W. BAILEY, KENNETH BENWAY, RICHARD F. BRAUER, JR, CLARE M. LOPEZ, JAMES A. LYONS, JR, KEVIN MICHAEL SHIPP. (See Docket Entry 71 to view document) (jf) (Entered: 06/27/2018)
2018-06-2573MOTION for Leave to Propound Interrogatory to DOD by ACCURACY IN MEDIA, INC., ROGER L. ARONOFF, LARRY W. BAILEY, KENNETH BENWAY, RICHARD F. BRAUER, JR, CLARE M. LOPEZ, JAMES A. LYONS, JR, KEVIN MICHAEL SHIPP. (See Docket Entry 71 to view document) (jf) (Entered: 06/27/2018)
2018-06-27NOTICE OF ERROR re 71 Motion for Summary Judgment; emailed to johnhclarke@earthlink.net, cc'd 2 associated attorneys -- The PDF file you docketed contained errors: 1. Two-part docket entry, 2. DO NOT REFILE-Counsel is reminded to docket all parts of their pleading (zjf, ) (Entered: 06/27/2018)
2018-07-0974RESPONSE re 73 MOTION for Leave to Propound Interrogatory to DOD filed by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF JUSTICE, U.S. DEPARTMENT OF STATE. (Moore, Tamra) (Entered: 07/09/2018)
2018-07-1675REPLY to opposition to motion re 73 MOTION for Leave to Propound Interrogatory to DOD filed by ACCURACY IN MEDIA, INC., ROGER L. ARONOFF, LARRY W. BAILEY, KENNETH BENWAY, RICHARD F. BRAUER, JR, CLARE M. LOPEZ, JAMES A. LYONS, JR, KEVIN MICHAEL SHIPP. (Attachments: # 1 Exhibit FAST Commander Testimony)(Clarke, John) (Entered: 07/16/2018)
2018-07-1876Consent MOTION for Extension of Time to File Response/Reply as to 71 MOTION for Summary Judgment , 68 MOTION for Summary Judgment by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF JUSTICE, U.S. DEPARTMENT OF STATE (Attachments: # 1 Text of Proposed Order)(Moore, Tamra) (Entered: 07/18/2018)
2018-07-20MINUTE ORDER granting 76 Motion for Extension of Time to File Response/Reply. Defendants shall file their reply in support of defendant's motion for summary judgment and opposition to plaintiffs' cross motion for summary judgment by no later than July 27, 2018.Signed by Judge Emmet G. Sullivan on 7/20/2018. (lcegs1) (Entered: 07/20/2018)
2018-07-23Set/Reset Deadlines: Defendants Reply In Support Of Defendant's Motion For Summary Judgment And Opposition To Plaintiffs' Cross Motion For Summary Judgment due by 7/27/2018. (mac) (Entered: 07/23/2018)
2018-07-2777REPLY to opposition to motion re 68 MOTION for Summary Judgment filed by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF JUSTICE, U.S. DEPARTMENT OF STATE. (Attachments: # 1 Supplemental Declaration of Mark H. Herrington, # 2 Supplemental Declaration of Antoinette B. Shiner)(Moore, Tamra) (Entered: 07/27/2018)
2018-07-2778RESPONSE re 71 MOTION for Summary Judgment filed by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF JUSTICE, U.S. DEPARTMENT OF STATE. (Attachments: # 1 Supplemental Declaration of Mark H. Herrington, # 2 Supplemental Declaration of Antoinette B. Shiner, # 3 Defendants' Response to Plaintiffs' Statement of Material Facts Not In Dispute)(Moore, Tamra) (Entered: 07/27/2018)
2018-08-2079MOTION for Extension of Time to File Response/Reply by All Plaintiffs (Attachments: # 1 Text of Proposed Order)(Clarke, John) Modified on 8/21/2018 to correct docket event/text (jf). (Entered: 08/20/2018)
2018-08-21MINUTE ORDER granting 79 plaintiffs' consent motion for an extension of time to file response/reply. Plaintiffs shall file a reply by no later than August 27, 2018. Signed by Judge Emmet G. Sullivan on 8/21/2018.(lcegs2) (Entered: 08/21/2018)
2018-08-22Set/Reset Deadlines: Plaintiff Reply due by 8/27/2018. (mac) (Entered: 08/22/2018)
2018-08-2780REPLY to opposition to motion re 71 MOTION for Summary Judgment filed by ACCURACY IN MEDIA, INC., ROGER L. ARONOFF, LARRY W. BAILEY, KENNETH BENWAY, RICHARD F. BRAUER, JR, CLARE M. LOPEZ, JAMES A. LYONS, JR, KEVIN MICHAEL SHIPP. (Clarke, John) (Entered: 08/27/2018)
2019-01-07MINUTE ORDER REFERRING CASE to a Magistrate Judge for full case management, up to but excluding trial pursuant to Local Civil Rule 72.2. This includes, with respect to pending potentially dispositive motions, the preparation of a report and recommendation pursuant to Local Civil Rule 72.3. The parties are reminded, that pursuant to Local Civil Rule 73.1, the parties may consent to the assignment of this action to a magistrate judge for all purposes, including trial. Consent of the district court judge is not necessary. Signed by Judge Emmet G. Sullivan on 1/7/2019. (lcegs1) (Entered: 01/07/2019)
2019-01-07MINUTE ORDER STAYING CASE. In view of the referral of this case to a Magistrate Judge for full case management, proceedings before Judge Emmet G. Sullivan are hereby STAYED. Signed by Judge Emmet G. Sullivan on 1/7/2019. (lcegs1) (Entered: 01/07/2019)
2019-01-07CASE RANDOMLY REFERRED to Magistrate Judge Deborah A. Robinson for full case management, up to but excluding trial. (zad) (Entered: 01/08/2019)
2019-02-22MINUTE ORDER: Status Conference set for 3/12/2019 at 02:00 PM in Courtroom 4 before Magistrate Judge Deborah A. Robinson. So Ordered by Magistrate Judge Deborah A. Robinson on 2/22/2019. (lcdar1) (Entered: 02/22/2019)
2019-02-22Status Conference previously set for 3/12/2019 rescheduled to 3/14/2019 at 02:00 PM before Magistrate Judge Deborah A. Robinson. The court apologizes for any confusion. So Ordered by Magistrate Judge Deborah A. Robinson on 2/22/2019. (lcdar1) (Entered: 02/22/2019)
2019-03-14Minute Entry for proceedings held before Magistrate Judge Deborah A. Robinson: Status Conference held on 3/14/2019. No later than 3/21/2019, the parties shall jointly submit a Status Report. The report shall include all changes in status from the time briefing commenced in this matter. (Court Reporter: FTR Gold)(FTR Time Frame: 2:04 - 2:41) (zcdw) (Entered: 03/14/2019)
2019-03-2181Joint STATUS REPORT by ACCURACY IN MEDIA, INC., ROGER L. ARONOFF, LARRY W. BAILEY, KENNETH BENWAY, RICHARD F. BRAUER, JR, CLARE M. LOPEZ, KEVIN MICHAEL SHIPP. (Clarke, John) (Entered: 03/21/2019)
2020-08-1182TRANSCRIPT OF PROCEEDINGS before Magistrate Judge Deborah A. Robinson held on March 14, 2019; Page Numbers: 1-25. Date of Issuance:August 11, 2020. Court Reporter/Transcriber Lorraine Herman, Telephone number 202-354-3196, 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 9/1/2020. Redacted Transcript Deadline set for 9/11/2020. Release of Transcript Restriction set for 11/9/2020.(Herman, Lorraine) (Main Document 82 replaced on 8/19/2020) (zjf). (Entered: 08/11/2020)
2020-08-2783REPORT AND RECOMMENDATION re 71 MOTION for Summary Judgment filed by RICHARD F. BRAUER, JR, KENNETH BENWAY, ROGER L. ARONOFF, KEVIN MICHAEL SHIPP, CLARE M. LOPEZ, LARRY W. BAILEY, ACCURACY IN MEDIA, INC., JAMES A. LYONS, JR., 73 MOTION for Leave to Propound Interrogatory to DOD filed by RICHARD F. BRAUER, JR, KENNETH BENWAY, ROGER L. ARONOFF, KEVIN MICHAEL SHIPP, CLARE M. LOPEZ, LARRY W. BAILEY, JAMES A. LYONS, JR., ACCURACY IN MEDIA, INC., 68 MOTION for Summary Judgment filed by DEPARTMENT OF JUSTICE, DEPARTMENT OF DEFENSE, CENTRAL INTELLIGENCE AGENCY, U.S. DEPARTMENT OF STATE. Signed by Magistrate Judge Deborah A. Robinson on 8/27/2020. (lcdar3) (Entered: 08/27/2020)
2020-08-2884NOTICE OF SUBSTITUTION OF COUNSEL by Joshua Charles Abbuhl on behalf of All Defendants Substituting for attorney Tamra Moore, Megan Crowley (Abbuhl, Joshua) (Entered: 08/28/2020)
2020-09-0985Unopposed MOTION for Extension of Time to Submit Objections to Magistrate Judge's Report and Recommendation by ACCURACY IN MEDIA, INC., ROGER L. ARONOFF, LARRY W. BAILEY, KENNETH BENWAY, RICHARD F. BRAUER, JR, CLARE M. LOPEZ, KEVIN MICHAEL SHIPP (Attachments: # 1 Text of Proposed Order)(Clarke, John) (Entered: 09/09/2020)
2020-09-09MINUTE ORDER granting 85 Unopposed MOTION for Extension of Time to Submit Objections to Magistrate Judge's Report and Recommendation, though Plaintiffs' counsel is admonished for failing to comply with this Court's "Motions for Extension of Time" requirements as indicated in the Court's Standing Order, ECF No. 62 at 7 ("Absent extenuating circumstances, motions for... scheduling change[s] must be filed THREE business days prior to the scheduled... deadline...."). Plaintiffs shall filed their objections to the Report and Recommendation by no later than September 24, 2020 at NOON. Future requests for extension will be viewed with disfavor. Signed by Judge Emmet G. Sullivan on 9/9/2020. (lcegs2) (Entered: 09/09/2020)
2020-09-10Set/Reset Deadlines: Plaintiffs Objections To The Report and Recommendation due no later than 12:00PM on 09/24/2020. (mac) (Entered: 09/10/2020)
2020-09-1086NOTICE re 83 Report and Recommendation by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF JUSTICE, U.S. DEPARTMENT OF STATE (Abbuhl, Joshua) Modified to add link on 9/11/2020 (znmw). (Entered: 09/10/2020)
2020-09-2387NOTICE Objection to Magistrate Judge's Report and Recommendation by ACCURACY IN MEDIA, INC., ROGER L. ARONOFF, LARRY W. BAILEY, KENNETH BENWAY, RICHARD F. BRAUER, JR, CLARE M. LOPEZ, KEVIN MICHAEL SHIPP (Attachments: # 1 Exhibit DOD timeline, # 2 Exhibit EXORD)(Clarke, John) (Entered: 09/23/2020)
2020-09-2388OBJECTION to 83 Report and Recommendations filed by ACCURACY IN MEDIA, INC., ROGER L. ARONOFF, LARRY W. BAILEY, KENNETH BENWAY, RICHARD F. BRAUER, JR, CLARE M. LOPEZ, KEVIN MICHAEL SHIPP. (See Docket Entry 87 to view document) (zjf) (Entered: 09/24/2020)
2020-10-0289Unopposed MOTION for Extension of Time to File Response/Reply to Plaintiffs' Objections to R&R by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF JUSTICE, U.S. DEPARTMENT OF STATE (Attachments: # 1 Text of Proposed Order)(Abbuhl, Joshua) (Entered: 10/02/2020)
2020-10-05MINUTE ORDER granting 89 Unopposed MOTION for Extension of Time. The Defendant shall file its Response/Reply to Plaintiffs' Objections by no later than November 9, 2020. Signed by Judge Emmet G. Sullivan on 10/5/2020. (lcegs2) (Entered: 10/05/2020)
2020-10-05Set/Reset Deadlines: Defendant Response/Reply To Plaintiffs Objections due by 11/9/2020. (mac) (Entered: 10/05/2020)
2020-10-3090Unopposed MOTION for Extension of Time to File Response/Reply to Plaintiffs' Objections to Report & Recommendation by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF JUSTICE, U.S. DEPARTMENT OF STATE (Attachments: # 1 Text of Proposed Order)(Abbuhl, Joshua) (Entered: 10/30/2020)
2020-11-02MINUTE ORDER granting 90 Unopposed MOTION for Extension of Time to File Response/Reply. The Defendant shall file its Response/Reply to Plaintiffs' Objections by no later than November 23, 2020. Signed by Judge Emmet G. Sullivan on 11/2/2020. (lcegs2) (Entered: 11/02/2020)
2020-11-03Set/Reset Deadlines: Defendant Response/Reply To Plaintiffs' Objections due by 11/23/2020 (mac) (Entered: 11/03/2020)
2020-11-2391RESPONSE to Plaintiffs' 88 Objections to Magistrate's Report & Recommendation filed by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF JUSTICE, U.S. DEPARTMENT OF STATE. (Abbuhl, Joshua) (Entered: 11/23/2020)
2022-11-2892MEMORANDUM OPINION. Signed by Judge Emmet G. Sullivan on 11/28/2022. (lcegs2) (Entered: 11/28/2022)
2022-11-2893ORDER granting in part and denying in part 68 Motion for Summary Judgment; granting in part and denying in part 71 Motion for Summary Judgment; denying 73 Motion. Signed by Judge Emmet G. Sullivan on 11/28/2022. (lcegs2) (Entered: 11/28/2022)
2022-11-28Set/Reset Deadlines: Joint Status Report due by 1/20/2023 (mac) (Entered: 11/28/2022)
2023-01-2094Joint STATUS REPORT by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF STATE, US DEPT OF JUSTICE. (Abbuhl, Joshua) (Entered: 01/20/2023)
2023-01-23MINUTE ORDER. In view of 94 joint status report, the parties shall file a joint status report with proposed briefing schedule by no later than February 16, 2023. Signed by Judge Emmet G. Sullivan on 1/23/2023. (lcegs1) (Entered: 01/23/2023)
2023-01-23Set/Reset Deadlines: Parties Joint Status Report With Proposed Briefing Schedule due by 2/16/2023. (mac) (Entered: 01/23/2023)
2023-02-1695Joint STATUS REPORT by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF STATE, US DEPT OF JUSTICE. (Abbuhl, Joshua) (Entered: 02/16/2023)
2023-02-22MINUTE ORDER. In view of 95 Joint Status Report, the following deadlines shall govern this case: (1) Defendants shall file their motion for summary judgment by no later than June 29, 2023; (2) Plaintiffs shall file a combined motion for summary judgment and response to Defendants' motion by no later than August 10, 2023; (3) Defendants shall file a combined response to Plaintiffs' motion and reply in support of Defendants' motion for summary judgment by no later than September 14, 2023; (4) Plaintiffs shall file a reply in support of Plaintiffs' motion for summary judgment by no later than October 13, 2023. Signed by Judge Emmet G. Sullivan on 2/22/2023. (lcegs1) (Entered: 02/22/2023)
2023-02-22Set/Reset Deadlines: Defendants Motion For Summary Judgment due by 06/29/2023. Plaintiffs Combined motion For Summary Judgment And Response To Defendants' Motion due by 08/10/2023. Defendants Combined Response to Plaintiffs' Motion And Reply In Support Of Defendants' Motion For Summary Judgment due by 09/14/2023. Plaintiffs Reply In Support of Plaintiffs' Motion For Summary Judgment due by 10/13/2023. (mac) (Entered: 02/22/2023)
2023-04-06Case Unstayed (mac) (Entered: 04/06/2023)
2023-06-2996NOTICE of Appearance by Kristina Ann Wolfe on behalf of All Defendants (Wolfe, Kristina) (Entered: 06/29/2023)
2023-06-2997MOTION for Summary Judgment (Renewed) by US DEPT OF JUSTICE. (Attachments: # 1 Memorandum in Support, # 2 Declaration of Michael G. Seidel, # 3 Declaration Exhibit A (First Declaration of David M. Hardy), # 4 Declaration Exhibit B (February 2021 Letter), # 5 Declaration Exhibit C (Declaration of Timothy J. Kootz), # 6 Declaration Exhibit D (Declaration of Vanna Blaine), # 7 Statement of Facts, # 8 Text of Proposed Order)(Wolfe, Kristina) (Entered: 06/29/2023)
2023-08-1098Cross MOTION for Summary Judgment and OPPOSITION to Defendant FBI MOTION for Summary Judgment by ACCURACY IN MEDIA, INC., ROGER L. ARONOFF, LARRY W. BAILEY, KENNETH BENWAY, RICHARD F. BRAUER, JR, CLARE M. LOPEZ, KEVIN MICHAEL SHIPP. (Attachments: # 1 Affidavit AFFIDAVIT OF JOHN TIEGAN, # 2 Exhibit INDEX OF EXHIBITS, # 3 Exhibit STATEMENT OF MATERIAL FACTS NOT IN DISPUTE, # 4 Exhibit RESPONSE TO DEFENDANT STATEMENT OF MATERIAL FACTS, # 5 Text of Proposed Order)(Clarke, John) (Entered: 08/10/2023)
2023-08-1099Memorandum in opposition to re 97 Motion for Summary Judgment, filed by ACCURACY IN MEDIA, INC., ROGER L. ARONOFF, LARRY W. BAILEY, KENNETH BENWAY, RICHARD F. BRAUER, JR, CLARE M. LOPEZ, KEVIN MICHAEL SHIPP. (Clarke, John) (Entered: 08/10/2023)
2023-09-14100Memorandum in opposition to re 98 Motion for Summary Judgment, filed by US DEPT OF JUSTICE. (Attachments: # 1 Statement of Facts (Response), # 2 Text of Proposed Order)(Wolfe, Kristina) (Entered: 09/14/2023)
2023-09-14101REPLY to opposition to motion re 97 MOTION for Summary Judgment (Renewed) filed by US DEPT OF JUSTICE. (Wolfe, Kristina) (Entered: 09/14/2023)
2023-10-13102REPLY to opposition to motion re 98 Cross MOTION for Summary Judgment and OPPOSITION to Defendant FBI MOTION for Summary Judgment filed by ACCURACY IN MEDIA, INC., ROGER L. ARONOFF, LARRY W. BAILEY, KENNETH BENWAY, RICHARD F. BRAUER, JR, CLARE M. LOPEZ, JAMES A. LYONS, JR, KEVIN MICHAEL SHIPP. (Clarke, John) (Entered: 10/13/2023)
2024-01-04Case directly reassigned to Judge Loren L. AliKhan. Judge Emmet G. Sullivan is no longer assigned to the case. (ztnr) (Entered: 01/04/2024)
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