Case Detail

FOIA Project Annotation: Judge Tanya Chutkan has ruled that the CIA must conduct an electronic search of its FOIA database to extract data elements requested by TRAC after finding that doing so would not require the creation of a record. The CIA rejected six requests from TRAC for information from its FOIA database, including the date a request was closed, arguing that to provide the information would require writing new computer code that was not required under FOIA. Chutkan noted that "the court is unconvinced by the CIA's argument that writing new computer code to locate responsive records in its database or compiling the resulting records constitute the creation of a new record." She pointed out that "although Plaintiffs phrased their Processing Data Requests as seeking a 'case-by-case listing,' the information they seek is neither a listing nor an index of the database contents. Instead, they seek certain data fields that the CIA concedes exist within the database. Thus, compiling these records does not constitute the creation of a new record." The CIA also argued that fulfilling TRAC's requests would be unduly burdensome. Chutkan found the agency had not yet justified the claim and noted that "while the court affords agency affidavits substantial weight in FOIA litigation, it cannot rely solely on conclusory statements that a search process 'would be extremely burdensome.'" TRAC requested data reflecting the database's capabilities over the past 18 months. The agency argued that such a search would also be unduly burdensome. Chutkan ordered the agency to search for the records. She noted that "even taking as true the CIA's assertion that user-generated reports are not tracked, it is not clear from the [affidavit] whether such user-generated reports are stored anywhere in the CIA's systems. The declaration also does not explain whether user-generated reports are the only type of reports generated by the FOIA database management system. To the extent some responsive records do exist, the CIA is obligated to perform a reasonable search to locate and produce them."
Issues: Choice of format - Burdensome

Date Filed	Doc #	Docket Text
2015-10-20	1	COMPLAINT 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)
2015-10-20		Case Assigned to Judge Tanya S. Chutkan. (md) (Entered: 10/23/2015)
2015-10-27	2	SUMMONS Issued Electronically as to CENTRAL INTELLIGENCE AGENCY, U.S. Attorney and U.S. Attorney General (jf) (Entered: 10/27/2015)
2015-11-25	3	NOTICE of Appearance by Marina Utgoff Braswell on behalf of CENTRAL INTELLIGENCE AGENCY (Braswell, Marina) (Entered: 11/25/2015)
2015-12-02	4	ANSWER to Complaint by CENTRAL INTELLIGENCE AGENCY.(Braswell, Marina) (Entered: 12/02/2015)
2015-12-03		MINUTE 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)
2015-12-03		Set/Reset Deadlines: Status Report due by 12/17/2015 (zsm) (Entered: 12/03/2015)
2015-12-17	5	Joint MOTION for Extension of Time to File Joint Status Report by DAVID BURNHAM, SUSAN B. LONG (Sobel, David) (Entered: 12/17/2015)
2015-12-18		MINUTE 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)
2015-12-21		Set/Reset Deadlines: Proposed Briefing Schedule due by 2/17/2016 (zsm) (Entered: 12/21/2015)
2016-02-17	6	NOTICE - Joint Proposed Schedule for Further Proceedings by DAVID BURNHAM, SUSAN B. LONG (Attachments: # 1 Text of Proposed Order)(Sobel, David) (Entered: 02/17/2016)
2016-02-18		MINUTE 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)
2016-02-18		Set/Reset Deadlines: Proposed Briefing Schedule due by 3/16/2016 (zsm) (Entered: 02/18/2016)
2016-03-16	7	Unopposed MOTION for Extension of Time to Submit Proposed Schedule or Motion to Stay by CENTRAL INTELLIGENCE AGENCY (Braswell, Marina) (Entered: 03/16/2016)
2016-03-17		MINUTE 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)
2016-03-17		Set/Reset Deadlines: Proposed Briefing Schedule due by 3/23/2016 (zsm) (Entered: 03/17/2016)
2016-03-23	8	MOTION to Stay by CENTRAL INTELLIGENCE AGENCY (Attachments: # 1 Shiner Declaration, # 2 Shiner Declaration Exhibits, # 3 Exhibit 1)(Braswell, Marina) (Entered: 03/23/2016)
2016-04-06	9	Memorandum 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)
2016-04-14	10	Unopposed 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)
2016-04-15		MINUTE 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)
2016-04-15		Set/Reset Deadlines: Reply due by 4/25/2016. (zsm) (Entered: 04/15/2016)
2016-04-25	11	REPLY to opposition to motion re 8 MOTION to Stay filed by CENTRAL INTELLIGENCE AGENCY. (Braswell, Marina) (Entered: 04/25/2016)
2016-10-04	12	ORDER 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)
2016-10-04		Set/Reset Deadlines: Status Report due by 10/13/2016. Motion due by 11/14/2016. (zsm) (Entered: 10/04/2016)
2016-10-05		MINUTE 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)
2016-10-05		Set/Reset Deadlines: Case Stayed until 3/23/2017. (zsm) (Entered: 10/05/2016)
2016-10-05		Set/Reset Deadlines: Status Report due by 4/6/2017 (zsm) (Entered: 10/05/2016)
2016-10-13	13	STATUS REPORT by CENTRAL INTELLIGENCE AGENCY. (Braswell, Marina) (Entered: 10/13/2016)
2016-11-09	14	Unopposed MOTION for Extension of Time to File Dispositive Motion by CENTRAL INTELLIGENCE AGENCY (Braswell, Marina) (Entered: 11/09/2016)
2016-11-10		MINUTE 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)
2016-11-18	15	Consent MOTION for Extension of Time to File Dispositive Motion by CENTRAL INTELLIGENCE AGENCY (Braswell, Marina) (Entered: 11/18/2016)
2016-11-18		MINUTE 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)
2016-11-30	16	MOTION 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)
2016-12-07	17	Consent 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)
2016-12-08		MINUTE 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)
2016-12-09		Set/Reset Deadlines: Response due by 1/17/2017 (zsm) (Entered: 12/09/2016)
2017-01-17	18	Memorandum 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)
2017-01-17	19	Cross 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)
2017-01-30	20	Consent MOTION for Extension of Time to File Opposition/Reply brief and status report by CENTRAL INTELLIGENCE AGENCY (Braswell, Marina) (Entered: 01/30/2017)
2017-02-01		MINUTE 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)
2017-02-02		Set/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)
2017-02-03	21	STATUS REPORT by CENTRAL INTELLIGENCE AGENCY. (Braswell, Marina) (Entered: 02/03/2017)
2017-02-14	22	Consent 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)
2017-02-16		MINUTE 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)
2017-02-21		Set/Reset Deadlines: Defendant's Reply and Cross Opposition is due by 2/21/2017. (jth) (Entered: 02/21/2017)
2017-02-21	23	Memorandum 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)
2017-02-21	24	REPLY 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)
2017-02-27	25	Consent 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)
2017-02-28		MINUTE 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)
2017-03-01		Set/Reset Deadlines: Plaintiff's brief due by 3/7/2017. (tb) (Entered: 03/01/2017)
2017-03-07	26	REPLY 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)
2017-03-23	27	MOTION to Stay by CENTRAL INTELLIGENCE AGENCY (Attachments: # 1 Third Supplemental Shiner Declaration)(Braswell, Marina) (Entered: 03/23/2017)
2017-03-29	28	RESPONSE re 27 MOTION to Stay filed by DAVID BURNHAM, SUSAN B. LONG. (Sobel, David) (Entered: 03/29/2017)
2017-04-03		MINUTE 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)
2017-04-03		Set/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)
2017-06-29	29	Consent MOTION to Stay (Extend Stay) and Status Report by CENTRAL INTELLIGENCE AGENCY (Braswell, Marina) (Entered: 06/29/2017)
2017-06-29	30	STATUS REPORT by CENTRAL INTELLIGENCE AGENCY. (See docket entry no. 29 to view document.) (td) (Entered: 06/30/2017)
2017-06-30		MINUTE 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)
2017-06-30		Set/Reset Deadlines: Joint Status Report and Proposed Order are due by 9/15/2017. (jth) (Entered: 06/30/2017)
2017-07-06		MINUTE 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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