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Case TitleLONG et al v. CENTRAL INTELLIGENCE AGENCY
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2015cv01734
Date Filed2015-10-20
Date Closed2017-07-10
JudgeJudge Tanya S. Chutkan
PlaintiffSUSAN B. LONG Transactional Records Access Clearinghouse
PlaintiffDAVID BURNHAM Transactional Records Access Clearinghouse
Case DescriptionSusan Long and David Burnham, co-directors of TRAC, submitted three FOIA requests to the CIA for records concerning its processing of FOIA requests. TRAC also requested inclusion in the news media fee category as well as a fee waiver. The agency acknowledged receipt of the request, but denied the request on the basis that its records systems were not configured in a way in which a search could be conducted. TRAC appealed the denial, but the agency told TRAC that since its request was denied because of processing problems the right to appeal administratively did not apply. TRAC's second FOIA request was largely the same as the first. The agency rejected that request on the same basis as the first request. TRAC's third request was much more detailed and focused on records pertaining to FOIA processing that could be searched. This time, the CIA told TRAC that one item was being rejected because a search would be unduly burdensome, and that while TRAC could appeal that decision, the agency recommended it be allowed to continue to process the other items in the request. TRAC then filed suit.
Complaint issues: Adequacy - Search, Choice of format - Burdensome, Litigation - Attorney's fees

DefendantCENTRAL INTELLIGENCE AGENCY
DefendantCENTRAL INTELLIGENCE AGENCY
Washington, DC 20505
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2015-10-201COMPLAINT against CENTRAL INTELLIGENCE AGENCY ( Filing fee $ 400 receipt number 0090-4284315) filed by SUSAN B. LONG, DAVID BURNHAM. (Attachments: # 1 Civil Cover Sheet, # 2 Summons Attorney General, # 3 Summons U.S. Attorney, # 4 Summons CIA)(Sobel, David) (Entered: 10/20/2015)
2015-10-20Case Assigned to Judge Tanya S. Chutkan. (md) (Entered: 10/23/2015)
2015-10-272SUMMONS Issued Electronically as to CENTRAL INTELLIGENCE AGENCY, U.S. Attorney and U.S. Attorney General (jf) (Entered: 10/27/2015)
2015-11-253NOTICE of Appearance by Marina Utgoff Braswell on behalf of CENTRAL INTELLIGENCE AGENCY (Braswell, Marina) (Entered: 11/25/2015)
2015-12-024ANSWER to Complaint by CENTRAL INTELLIGENCE AGENCY.(Braswell, Marina) (Entered: 12/02/2015)
2015-12-03MINUTE 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 12/17/15. Signed by Judge Tanya S. Chutkan on 12/3/15. (DJS) (Entered: 12/03/2015)
2015-12-03Set/Reset Deadlines: Status Report due by 12/17/2015 (zsm) (Entered: 12/03/2015)
2015-12-175Joint MOTION for Extension of Time to File Joint Status Report by DAVID BURNHAM, SUSAN B. LONG (Sobel, David) (Entered: 12/17/2015)
2015-12-18MINUTE ORDER: Granting 5 Joint Motion for Extension of Time to File Jointly Proposed Schedule. Not later than February 17, 2016, the parties shall jointly comply with the court's December 3, 2015 Minute Order (including a jointly proposed order). The parties are reminded of their obligation to comply with Local Civil Rule 7(c) which requires that a proposed order accompany all motions. Signed by Judge Tanya S. Chutkan on 12/18/15. (DJS) (Entered: 12/18/2015)
2015-12-21Set/Reset Deadlines: Proposed Briefing Schedule due by 2/17/2016 (zsm) (Entered: 12/21/2015)
2016-02-176NOTICE - Joint Proposed Schedule for Further Proceedings by DAVID BURNHAM, SUSAN B. LONG (Attachments: # 1 Text of Proposed Order)(Sobel, David) (Entered: 02/17/2016)
2016-02-18MINUTE ORDER: Having considered the Joint Status Report 6 filed by the parties, it is hereby ordered that the parties comply with the following deadlines: By March 16, 2016, the parties shall file a joint proposed schedule and proposed order for the processing of plaintiff's FOIA request or, in the absence of reaching an agreement on a processing schedule, defendant shall file a motion to stay this action, along with a proposed schedule and order, to which motion plaintiffs may respond. Signed by Judge Tanya S. Chutkan on 2/18/16. (DJS) (Entered: 02/18/2016)
2016-02-18Set/Reset Deadlines: Proposed Briefing Schedule due by 3/16/2016 (zsm) (Entered: 02/18/2016)
2016-03-167Unopposed MOTION for Extension of Time to Submit Proposed Schedule or Motion to Stay by CENTRAL INTELLIGENCE AGENCY (Braswell, Marina) (Entered: 03/16/2016)
2016-03-17MINUTE ORDER: Granting 7 Unopposed Motion for Extension of Time to File Briefing Schedule. On or before March 23, 2016, the parties will file a joint proposal and order for processing Plaintiff's FOIA request or, in the absence of an agreement, Defendant will file a motion to stay with a proposed schedule, to which Plaintiff may respond. Signed by Judge Tanya S. Chutkan on 3/17/16. (DJS) (Entered: 03/17/2016)
2016-03-17Set/Reset Deadlines: Proposed Briefing Schedule due by 3/23/2016 (zsm) (Entered: 03/17/2016)
2016-03-238MOTION to Stay by CENTRAL INTELLIGENCE AGENCY (Attachments: # 1 Shiner Declaration, # 2 Shiner Declaration Exhibits, # 3 Exhibit 1)(Braswell, Marina) (Entered: 03/23/2016)
2016-04-069Memorandum in opposition to re 8 MOTION to Stay filed by DAVID BURNHAM, SUSAN B. LONG. (Attachments: # 1 Declaration of Susan B. Long, # 2 Exhibit 1)(Sobel, David) (Entered: 04/06/2016)
2016-04-1410Unopposed MOTION for Extension of Time to File Response/Reply as to 8 MOTION to Stay by CENTRAL INTELLIGENCE AGENCY (Braswell, Marina) (Entered: 04/14/2016)
2016-04-15MINUTE ORDER: Granting 10 Defendant's Unopposed Motion for Extension of Time to File Response/Reply. Defendant's reply due April 25, 2016. Signed by Judge Tanya S. Chutkan on 4/15/16. (DJS) (Entered: 04/15/2016)
2016-04-15Set/Reset Deadlines: Reply due by 4/25/2016. (zsm) (Entered: 04/15/2016)
2016-04-2511REPLY to opposition to motion re 8 MOTION to Stay filed by CENTRAL INTELLIGENCE AGENCY. (Braswell, Marina) (Entered: 04/25/2016)
2016-10-0412ORDER granting in part 8 Motion to Stay. Defendant's status reports due by 10/13/2016 and 1/30/2017. Dispositive motions for remaining claims--"processing data requests" and sub-parts 1,4,5,7, and 9(b) of technical data request--due 11/14/2016. Case is to remain stayed until 3/23/17. Signed by Judge Tanya S. Chutkan on 10/4/2016. (lctsc3) Modified on 10/5/2016 (zsm). (Entered: 10/04/2016)
2016-10-04Set/Reset Deadlines: Status Report due by 10/13/2016. Motion due by 11/14/2016. (zsm) (Entered: 10/04/2016)
2016-10-05MINUTE ORDER: it is hereby ordered that the parties shall file a joint status report and joint proposed order on or before 4/6/2017 after termination of the stay. Signed by Judge Tanya S. Chutkan on 10/5/2016. (lctsc3) (Entered: 10/05/2016)
2016-10-05Set/Reset Deadlines: Case Stayed until 3/23/2017. (zsm) (Entered: 10/05/2016)
2016-10-05Set/Reset Deadlines: Status Report due by 4/6/2017 (zsm) (Entered: 10/05/2016)
2016-10-1313STATUS REPORT by CENTRAL INTELLIGENCE AGENCY. (Braswell, Marina) (Entered: 10/13/2016)
2016-11-0914Unopposed MOTION for Extension of Time to File Dispositive Motion by CENTRAL INTELLIGENCE AGENCY (Braswell, Marina) (Entered: 11/09/2016)
2016-11-10MINUTE ORDER: Granting 14 Motion for Extension of Time to File. Defendant's Dispositive Motion due by 11/22/2016. Signed by Judge Tanya S. Chutkan on 11/10/16. (DJS) (Entered: 11/10/2016)
2016-11-1815Consent MOTION for Extension of Time to File Dispositive Motion by CENTRAL INTELLIGENCE AGENCY (Braswell, Marina) (Entered: 11/18/2016)
2016-11-18MINUTE ORDER: Granting 15 Consent Motion for Extension of Time to File Dispositive Motion. Defendant's Dispositive motion due by 11/30/2016. Signed by Judge Tanya S. Chutkan on 11/18/16. (DJS) (Entered: 11/18/2016)
2016-11-3016MOTION for Partial Summary Judgment in Part by CENTRAL INTELLIGENCE AGENCY (Attachments: # 1 Shiner Declaration, # 2 Shiner Declaration Exhibits)(Braswell, Marina) Modified event title on 12/1/2016 (znmw). (Entered: 11/30/2016)
2016-12-0717Consent MOTION for Extension of Time to File Response/Reply as to 16 MOTION for Partial Summary Judgment by DAVID BURNHAM, SUSAN B. LONG (Attachments: # 1 Text of Proposed Order)(Sobel, David) (Entered: 12/07/2016)
2016-12-08MINUTE ORDER: Granting 17 Consent Motion for Extension of Time to File Response/Reply. Plaintiffs shall have until January 17, 2017, in which to file their response to defendants motion for partial summary judgment. Signed by Judge Tanya S. Chutkan on 12/8/16. (DJS) (Entered: 12/08/2016)
2016-12-09Set/Reset Deadlines: Response due by 1/17/2017 (zsm) (Entered: 12/09/2016)
2017-01-1718Memorandum in opposition to re 16 MOTION for Partial Summary Judgment in Part filed by DAVID BURNHAM, SUSAN B. LONG. (Attachments: # 1 Declaration of Susan Long, # 2 Exhibit A, # 3 Statement of Facts, # 4 Text of Proposed Order)(Sobel, David) (Entered: 01/17/2017)
2017-01-1719Cross MOTION for Partial Summary Judgment by DAVID BURNHAM, SUSAN B. LONG (Attachments: # 1 Declaration of Susan Long, # 2 Exhibit A, # 3 Statement of Facts, # 4 Text of Proposed Order)(Sobel, David) (Entered: 01/17/2017)
2017-01-3020Consent MOTION for Extension of Time to File Opposition/Reply brief and status report by CENTRAL INTELLIGENCE AGENCY (Braswell, Marina) (Entered: 01/30/2017)
2017-02-01MINUTE ORDER: Granting 20 Consent Motion for Extension of Deadlines. Defendant may have until February 3, 2017, in which to file its status report. Defendant may have until February 15, 2017, to file its combined reply/response to Plaintiffs' cross-motion for summary judgment. Signed by Judge Tanya S. Chutkan on 2/1/17. (DJS) (Entered: 02/01/2017)
2017-02-02Set/Reset Deadlines: Defendant Response to Cross Motions due by 2/15/2017. Defendant Status Report due by 2/3/2017 Reply to Motion for Summary Judgment due by 2/15/2017. (tb) (Entered: 02/02/2017)
2017-02-0321STATUS REPORT by CENTRAL INTELLIGENCE AGENCY. (Braswell, Marina) (Entered: 02/03/2017)
2017-02-1422Consent MOTION for Extension of Time to File Response/Reply as to 16 MOTION for Partial Summary Judgment, 19 Cross MOTION for Partial Summary Judgment by CENTRAL INTELLIGENCE AGENCY (Braswell, Marina) (Entered: 02/14/2017)
2017-02-16MINUTE ORDER: Granting 22 Consent Motion for Extension of Time to File Response/Reply. Defendant's brief due February 21, 2017. Signed by Judge Tanya S. Chutkan on 2/16/17. (DJS) (Entered: 02/16/2017)
2017-02-21Set/Reset Deadlines: Defendant's Reply and Cross Opposition is due by 2/21/2017. (jth) (Entered: 02/21/2017)
2017-02-2123Memorandum in opposition to re 19 Cross MOTION for Partial Summary Judgment filed by CENTRAL INTELLIGENCE AGENCY. (Attachments: # 1 Second Supplemental Shiner Declaration)(Braswell, Marina) (Entered: 02/21/2017)
2017-02-2124REPLY to opposition to motion re 16 MOTION for Partial Summary Judgment filed by CENTRAL INTELLIGENCE AGENCY. (Attachments: # 1 Second Supplemental Shiner Declaration)(Braswell, Marina) (Entered: 02/21/2017)
2017-02-2725Consent MOTION for Extension of Time to File Response/Reply as to 19 Cross MOTION for Partial Summary Judgment by DAVID BURNHAM, SUSAN B. LONG (Attachments: # 1 Text of Proposed Order)(Sobel, David) (Entered: 02/27/2017)
2017-02-28MINUTE ORDER: Granting 25 Consent Motion for Extension of Time to File Response/Reply. Plaintiffs' brief due March 7, 2017. Signed by Judge Tanya S. Chutkan on 2/28/17. (DJS) (Entered: 02/28/2017)
2017-03-01Set/Reset Deadlines: Plaintiff's brief due by 3/7/2017. (tb) (Entered: 03/01/2017)
2017-03-0726REPLY to opposition to motion re 19 Cross MOTION for Partial Summary Judgment filed by DAVID BURNHAM, SUSAN B. LONG. (Sobel, David) (Entered: 03/07/2017)
2017-03-2327MOTION to Stay by CENTRAL INTELLIGENCE AGENCY (Attachments: # 1 Third Supplemental Shiner Declaration)(Braswell, Marina) (Entered: 03/23/2017)
2017-03-2928RESPONSE re 27 MOTION to Stay filed by DAVID BURNHAM, SUSAN B. LONG. (Sobel, David) (Entered: 03/29/2017)
2017-04-03MINUTE ORDER: Granting 27 Defendant's Unopposed Motion to Stay. This action is hereby STAYED until July 31, 2017. Defendant shall make an interim release of information on May 31, 2017, file status report on June 30,2017, and make a final release of information on or before July31, 2017. Additionally, the parties shall file a Joint Status Report, along with a proposed order by September 1, 2017. Signed by Judge Tanya S. Chutkan on 4/3/17. (DJS) (Entered: 04/03/2017)
2017-04-03Set/Reset Deadlines: Status Report due by 6/30/2017. Joint Status Report with Proposed Order due by 9/1/2017. (tb) (Entered: 04/03/2017)
2017-06-2929Consent MOTION to Stay (Extend Stay) and Status Report by CENTRAL INTELLIGENCE AGENCY (Braswell, Marina) (Entered: 06/29/2017)
2017-06-2930STATUS REPORT by CENTRAL INTELLIGENCE AGENCY. (See docket entry no. 29 to view document.) (td) (Entered: 06/30/2017)
2017-06-30MINUTE ORDER: Granting 29 Defendant's Consent Motion to Stay. The STAY in this action shall continue until August 31, 2017. Defendant shall make an interim release of information on July 31, 2017, and make a final release of information by August 31, 2017. The parties shall file a Joint Status report and proposed order by September 15, 2017. Signed by Judge Tanya S. Chutkan on 6/30/17. (DJS) (Entered: 06/30/2017)
2017-06-30Set/Reset Deadlines: Joint Status Report and Proposed Order are due by 9/15/2017. (jth) (Entered: 06/30/2017)
2017-07-06MINUTE ORDER: In light of the 10/04/2016 Stay entered in this case, the Clerk of the Court is hereby directed to Administratively Close this case. However, the parties shall continue to file their Status Reports as required by the 04/03/2017 Minute Order. Upon resolution of the administrative proceedings, the parties may file a motion to return this case to the court's active docket. Any such motion shall contain a proposed order for moving forward with this case. Signed by Judge Tanya S. Chutkan on 7/6/17. (DJS) (Entered: 07/06/2017)
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