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Case TitleSMITH v. CENTRAL INTELLIGENCE AGENCY
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2015cv01431
Date Filed2015-09-02
Date ClosedOpen
JudgeJudge Tanya S. Chutkan
PlaintiffGRANT F. SMITH
Case DescriptionGrant Smith, founder of the Institute for Research: Middle Eastern Policy, submitted a FOIA request to the CIA for records concerning intelligence budget line items for support of Israel from 1990-2015. The CIA acknowledged his request and invoked a Glomar response neither confirming nor denying the existence of records. Smith appealed the agency's decision, but after hearing nothing further from the agency, Smith filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Recovery of Costs

DefendantCENTRAL INTELLIGENCE AGENCY
Washington, DC 20505
DefendantCENTRAL INTELLIGENCE AGENCY
Documents
Docket
Complaint
Complaint attachment 1
Opinion/Order [16]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2015-09-021COMPLAINT against CENTRAL INTELLIGENCE AGENCY ( Filing fee $ 400, receipt number 4616073337) filed by GRANT F. SMITH. (Attachments: # 1 Civil Cover Sheet)(td) (Entered: 09/04/2015)
2015-09-02SUMMONS (3) Issued as to CENTRAL INTELLIGENCE AGENCY, U.S. Attorney and U.S. Attorney General (td) (Entered: 09/04/2015)
2015-09-022NOTICE OF RELATED CASE by GRANT F. SMITH. Case related to Case No. 15-cv-224 TSC. (td) (Entered: 09/04/2015)
2015-09-023MOTION for CM/ECF Password by GRANT F. SMITH (td) (Entered: 09/04/2015)
2015-09-08MINUTE ORDER: Granting 3 Motion for CM/ECF Password. Signed by Judge Tanya S. Chutkan on 9/8/15. (DJS) (Entered: 09/08/2015)
2015-10-094NOTICE of Appearance by Joseph Charles Folio, III on behalf of CENTRAL INTELLIGENCE AGENCY (Folio, Joseph) (Entered: 10/09/2015)
2015-10-095ANSWER to 1 Complaint by CENTRAL INTELLIGENCE AGENCY.(Folio, Joseph) (Entered: 10/09/2015)
2015-10-13MINUTE ORDER: Before the Court in this FOIA case are a complaint and an answer. The requirements of LCvR 16.3 and Rule 26(f) of the Federal Rules of Civil procedure appear to be inapplicable. IT IS HEREBY ORDERED that the parties shall meet and confer and propose a schedule for proceeding in this matter. The schedule shall address the status of Plaintiff's FOIA request, the anticipated number of documents responsive to Plaintiff's FOIA request, the anticipated date(s) for release of the documents requested by Plaintiff, whether a motion for an Open America stay is likely in this case, whether a Vaughn index will be required in this case, whether and when either party anticipates filing a dispositive motion, and any other pertinent issues. The parties shall file a joint status report that addresses these issues and that contains a proposed schedule and order not later than 10/27/15. Signed by Judge Tanya S. Chutkan on 10/13/15. (DJS) (Entered: 10/13/2015)
2015-10-14Set/Reset Deadlines: Status Report due by 10/27/2015. (zsm) (Entered: 10/14/2015)
2015-10-266ENTERED IN ERROR.....RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the District of Columbia Attorney General. Date of Service Upon District of Columbia Attorney General 9/9/2015. Answer due for ALL D.C. DEFENDANTS by 9/30/2015. (SMITH, GRANT) Modified on 10/27/2015 (znmw). (Entered: 10/26/2015)
2015-10-267RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 09/09/2015. (SMITH, GRANT) (Entered: 10/26/2015)
2015-10-268RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 9/9/2015. Answer due for ALL FEDERAL DEFENDANTS by 10/9/2015. (SMITH, GRANT) (Entered: 10/26/2015)
2015-10-27NOTICE OF CORRECTED DOCKET ENTRY: Docket Entry 6 Summons Returned Executed as to DC Attorney General was entered in error (incorrect event0 and was refiled correctly as Docket Entry 8 Summons Returned Executed as to the United States Attorney. (znmw) (Entered: 10/27/2015)
2015-10-279Joint STATUS REPORT by CENTRAL INTELLIGENCE AGENCY. (Folio, Joseph) (Entered: 10/27/2015)
2015-10-28MINUTE ORDER: Having considered the parties' Joint Status Report 9 , the following briefing schedule shall apply: Defendant's Motion for Summary Judgment due by January 29, 2016. Plaintiff's Opposition and COMBINED Cross-Motion for Summary Judgment due by February 26, 2016. Defendant's Opposition and COMBINED Reply in Support of Motion for Summary Judgment due by March 25, 2016. Plaintiff's Reply in Support of Cross-Motion for Summary Judgment due by April 8, 2016. Signed by Judge Tanya S. Chutkan on 10/28/15. (DJS) (Entered: 10/28/2015)
2015-10-29Set/Reset Deadlines: Cross Motions due by 2/26/2016. Response to Cross Motions due by 3/25/2016. Reply to Cross Motions due by 4/8/2016. Summary Judgment motions due by 1/29/2016. Response to Motion for Summary Judgment due by 2/26/2016. Reply to Motion for Summary Judgment due by 3/25/2016. (tth) (Entered: 10/29/2015)
2015-12-0810NOTICE OF SUBSTITUTION OF COUNSEL by Joseph Evan Borson on behalf of CENTRAL INTELLIGENCE AGENCY Substituting for attorney Joseph C. Folio III (Borson, Joseph) (Entered: 12/08/2015)
2016-01-2711Unopposed MOTION for Extension of Time to File Motion for Summary Judgment by CENTRAL INTELLIGENCE AGENCY (Attachments: # 1 Text of Proposed Order)(Borson, Joseph) (Entered: 01/27/2016)
2016-01-28MINUTE ORDER: Granting 11 Unopposed Motion for Extension of Time to File Motion for Summary Judgment. Defendant's motion for summary judgment is due by February 5, 2016. Plaintiff's opposition and combined cross-motion for summary judgment is due by March 4, 2016. Defendant's opposition and combined reply in support of its motion for summary judgment is due by April 1, 2016. Plaintiff's reply in support of his cross-motion for summary judgment is due by April 15, 2016. Signed by Judge Tanya S. Chutkan on 1/28/16. (DJS) (Entered: 01/28/2016)
2016-01-29Set/Reset Deadlines: Summary Judgment motions due by 2/5/2016. Response to Motion for Summary Judgment due by 3/4/2016. Reply to Motion for Summary Judgment due by 4/1/2016. Reply due by 4/15/2016. (zsm) (Entered: 01/29/2016)
2016-02-0512MOTION for Summary Judgment by CENTRAL INTELLIGENCE AGENCY (Attachments: # 1 Memorandum in Support, # 2 Declaration, # 3 Text of Proposed Order)(Borson, Joseph) (Entered: 02/05/2016)
2016-03-0413Memorandum in opposition to re 12 MOTION for Summary Judgment filed by GRANT F. SMITH. (Attachments: # 1 Memorandum in Support MEMORANDUM IN OPPOSITION TO DEFENDANT MOTION FOR SUMMARY JUDGEMENT, # 2 Memorandum in Support PLAINTIFFS OPPOSITION TO DECLARATION OF ANTOINETTE B. SHINER,, # 3 Text of Proposed Order TO DENY DEFENDANT MOTION FOR SUMMARY JUDGEMENT)(SMITH, GRANT) (Entered: 03/04/2016)
2016-04-0114REPLY to opposition to motion re 12 MOTION for Summary Judgment filed by CENTRAL INTELLIGENCE AGENCY. (Borson, Joseph) (Entered: 04/01/2016)
2016-04-1515RESPONSE re 12 MOTION for Summary Judgment and Reply filed by GRANT F. SMITH. (SMITH, GRANT) (Entered: 04/15/2016)
2017-03-3016MEMORANDUM AND OPINION re Defendant's motion for summary judgment. Signed by Judge Tanya S. Chutkan on 3/30/2017. (lctsc3) (Entered: 03/30/2017)
2017-03-3017ORDER denying 12 Defendant's motion for summary judgment. Signed by Judge Tanya S. Chutkan on 3/30/2017. (lctsc3) (Entered: 03/30/2017)
2017-04-04MINUTE ORDER: A Status Conference is hereby set for 4/27/17 at 10:30 a.m. in Courtroom 2. By 4/24/17, the parties shall submit a jointly proposed schedule (along with a proposed order) for moving forward with this action. In the event both parties agree that a Status Conference is not necessary, the parties shall so indicate on the first line of their Joint Status Report. Signed by Judge Tanya S. Chutkan on 4/4/17. (DJS) (Entered: 04/04/2017)
2017-04-05Set/Reset Deadlines/Hearings: Jointly Proposed Schedule due by 4/24/2017. Status Conference set for 4/27/2017 at 10:30 AM in Courtroom 2 before Judge Tanya S. Chutkan. (tb) (Entered: 04/05/2017)
2017-04-2118MOTION for Reconsideration re 17 Order by CENTRAL INTELLIGENCE AGENCY (Attachments: # 1 Memorandum in Support, # 2 Declaration of Mark W. Ewing, # 3 Text of Proposed Order)(Borson, Joseph) (Entered: 04/21/2017)
2017-04-2419RESPONSE TO ORDER OF THE COURT re Order, MINUTE ORDER 4/4/2017 filed by GRANT F. SMITH. (SMITH, GRANT) (Entered: 04/24/2017)
2017-04-2420STATUS REPORT by CENTRAL INTELLIGENCE AGENCY. (Borson, Joseph) (Entered: 04/24/2017)
2017-04-2421Memorandum in opposition to re 18 MOTION for Reconsideration re 17 Order filed by GRANT F. SMITH. (SMITH, GRANT) (Entered: 04/24/2017)
2017-04-24MINUTE ORDER: In light of Defendant's 18 Motion for Reconsideration, the status previously scheduled for 4/27 is hereby vacated pending resolution of the motion. Plaintiff's response is due on or before 5/8 and shall not exceed 15 pages. "Responses" to this minute order will not be permitted. Signed by Judge Tanya S. Chutkan on 4/24/2017. (lctsc3) (Entered: 04/24/2017)
2017-04-25MINUTE ORDER: In light of Plaintiff's request in his 21 "Memorandum in Opposition" of a May 15 deadline for his response to Defendant's Motion for Reconsideration, Plaintiff's 5/8 deadline is hereby extended to 5/15. Signed by Judge Tanya S. Chutkan on 4/25/2017. (lctsc3) (Entered: 04/25/2017)
2017-04-25Set/Reset Deadlines: Plaintiff's response to motion for reconsideration due by 5/15/2017. (tb) (Entered: 04/25/2017)
2017-04-25Set/Reset Deadlines: Plaintiff's response due by 5/8/2017. (tb) (Entered: 04/25/2017)
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by FOIA Project Staff