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Case TitleJAMES MADISON PROJECT et al v. DEPARTMENT OF JUSTICE et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2016cv00116
Date Filed2016-01-22
Date ClosedOpen
JudgeJudge Reggie B. Walton
PlaintiffJAMES MADISON PROJECT
PlaintiffKEN DILANIAN
Case DescriptionThe James Madison Project and Ken Dilanian submitted FOIA requests to a number of agencies for records concerning Thomas Drake, a former NSA employee who was accused of espionage. Various components of the Justice Department and other agencies acknowledged the JMP's requests, but after hearing nothing further from the agencies, JMP filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantDEPARTMENT OF JUSTICE
DefendantDEPARTMENT OF DEFENSE
DefendantCENTRAL INTELLIGENCE AGENCY
Washington, DC 20505
DefendantCENTRAL INTELLIGENCE AGENCY
DefendantOFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
Complaint attachment 7
Complaint attachment 8
Opinion/Order [32]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2016-01-221COMPLAINT against CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF JUSTICE, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE ( Filing fee $ 400 receipt number 0090-4387914) filed by JAMES MADISON PROJECT, KEN DILANIAN. (Attachments: # 1 Civil Cover Sheet, # 2 Summons CIA, # 3 Summons DoD, # 4 Summons DOJ, # 5 Summons ODNI, # 6 Summons USADC, # 7 Summons USAG, # 8 Exhibit LCVR 7.1 certification)(Moss, Bradley) (Entered: 01/22/2016)
2016-01-222NOTICE of Appearance by Mark S. Zaid on behalf of All Plaintiffs (Zaid, Mark) (Entered: 01/22/2016)
2016-01-273LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by KEN DILANIAN, JAMES MADISON PROJECT. (md) (Entered: 01/27/2016)
2016-01-27Case Assigned to Judge Reggie B. Walton. (md) (Entered: 01/27/2016)
2016-01-274SUMMONS (6) Issued Electronically as to CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF JUSTICE, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice of Consent) (md) (Entered: 01/27/2016)
2016-01-275GENERAL ORDER FOR CIVIL CASES. Signed by Judge Reggie B. Walton on January 27, 2016. (lcrbw2) (Entered: 01/27/2016)
2016-02-196RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. CENTRAL INTELLIGENCE AGENCY served on 2/2/2016 (Attachments: # 1 Exhibit return receipt (CIA))(Moss, Bradley) (Entered: 02/19/2016)
2016-02-197RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. DEPARTMENT OF DEFENSE served on 2/1/2016 (Attachments: # 1 Exhibit return receipt (DoD))(Moss, Bradley) (Entered: 02/19/2016)
2016-02-198RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. DEPARTMENT OF JUSTICE served on 2/2/2016 (Attachments: # 1 Exhibit return receipt (DOJ))(Moss, Bradley) (Entered: 02/19/2016)
2016-02-199RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE served on 2/2/2016 (Attachments: # 1 Exhibit return receipt (ODNI))(Moss, Bradley) (Entered: 02/19/2016)
2016-02-1910RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 2/2/16. (Attachments: # 1 Exhibit return receipt (USAG))(Moss, Bradley) (Entered: 02/19/2016)
2016-02-1911RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 2/2/2016. Answer due for ALL FEDERAL DEFENDANTS by 3/3/2016. (Attachments: # 1 Exhibit return receipt (USADC))(Moss, Bradley) (Entered: 02/19/2016)
2016-02-2612MOTION for Leave to File First Amended Complaint by KEN DILANIAN, JAMES MADISON PROJECT (Attachments: # 1 Memorandum in Support, # 2 Exhibit A - Complaint, # 3 Exhibit B - First Amended Complaint, # 4 Text of Proposed Order)(Moss, Bradley) (Entered: 02/26/2016)
2016-02-26MINUTE ORDER granting 12 Motion for Leave to File. Upon consideration of the Plaintiffs' Motion for Leave to File First Amended Complaint, it is hereby ORDERED that the motion is GRANTED. It is further ORDERED that the plaintiffs' First Amended Complaint is deemed filed as of the date of this Minute Order. Signed by Judge Reggie B. Walton on February 26, 2016. (lcrbw2) (Entered: 02/26/2016)
2016-02-2913AMENDED COMPLAINT against CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF JUSTICE, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE filed by JAMES MADISON PROJECT, KEN DILANIAN.(td) (Entered: 02/29/2016)
2016-03-0114NOTICE of Appearance by Timothy Andrew Johnson on behalf of CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF JUSTICE, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE (Johnson, Timothy) (Entered: 03/01/2016)
2016-03-1115ANSWER to 13 Amended Complaint by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF JUSTICE, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE. Related document: 13 Amended Complaint filed by KEN DILANIAN, JAMES MADISON PROJECT. (Attachments: # 1 Exhibit)(Johnson, Timothy) (Entered: 03/11/2016)
2016-03-2516ORDER. In accordance with the attached Order, it is hereby ORDERED that the parties shall submit to the Court by April 1, 2016, a joint status report, proposing a schedule for the filing of, if any, dispositive motions, oppositions thereto, and replies. Signed by Judge Reggie B. Walton on March 25, 2016. (lcrbw2) (Entered: 03/25/2016)
2016-03-25Set/Reset Deadline: The parties shall submit to the Court by 4/01/2016, a joint status report, proposing a schedule for the filing of, if any, dispositive motions, oppositions thereto, and replies. (ad) (Entered: 03/25/2016)
2016-04-0117Joint STATUS REPORT by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF JUSTICE, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE. (Johnson, Timothy) (Entered: 04/01/2016)
2016-04-05MINUTE ORDER. Upon consideration of the Joint Status Report, it is hereby ORDERED that the parties shall appear for a status conference on April 15, 2016, at 11:00 a.m. Signed by Judge Reggie B. Walton on April 5, 2016. (lcrbw2) (Entered: 04/05/2016)
2016-04-05Set/Reset Hearings: Status Conference set for 4/15/2016 at 11:00 AM in Courtroom 16 before Judge Reggie B. Walton. (hs) (Entered: 04/05/2016)
2016-04-0518Unopposed MOTION Rescheduling of Status Conference by KEN DILANIAN, JAMES MADISON PROJECT (Attachments: # 1 Text of Proposed Order)(Moss, Bradley) (Entered: 04/05/2016)
2016-04-05MINUTE ORDER granting 18 Motion. Upon consideration of the Plaintiffs' Motion for Rescheduling of Status Conference, and in light of the parties' consent, it is hereby ORDERED that the motion is GRANTED. It is further ORDERED that the April 15, 2016 status conference shall be CONTINUED until April 29, 2016, at 12:00 p.m. Signed by Judge Reggie B. Walton on April 5, 2016. (lcrbw2) (Entered: 04/05/2016)
2016-04-06Set/Reset Hearings: Status Conference set for 4/29/2016 at 12:00 PM in Courtroom 16 before Judge Reggie B. Walton. (hs) (Entered: 04/06/2016)
2016-04-2919ORDER. In accordance with the Court's oral rulings rendered at the status conference, held on this same date, it is hereby ORDERED that all defendants shall in response to the plaintiffs' Freedom of Information Act requests produce responsive documents that are not subject to an exemption on a rolling basis. It is further ORDERED that the parties shall appear for a status conference on July 29, 2016, at 11:00 a.m. Signed by Judge Reggie B. Walton on April 29, 2016. (lcrbw2) (Entered: 04/29/2016)
2016-04-29Minute Entry for Status Conference held before Judge Reggie B. Walton on 4/29/16 : Further Status Conference set for 7/29/16 at 11:00 AM in Courtroom 16 before Judge Reggie B. Walton. (Court Reporter: Cathryn Jones) (kk) (Entered: 05/02/2016)
2016-07-29MINUTE ORDER. In accordance with the Court's oral rulings rendered at the status conference, held on this same date, it is hereby ORDERED that the parties shall submit to the Court by August 5, 2016, a joint status report, proposing a briefing schedule for the filing of, if any, dispositive motions, oppositions thereto, and replies relating to the plaintiffs' Freedom of Information Act ("FOIA") requests from the Department of Justice Criminal Division, the Executive Office for U.S. Attorneys, the Office of the Director of National Intelligence, and the Central Intelligence Agency. It is further ORDERED that the defendants shall continue to produce, on a rolling basis, documents responsive to the plaintiffs' FOIA requests that are not subject to an exemption. It is further ORDERED that the parties shall appear for a status conference on February 24, 2017, at 10:30 a.m. Signed by Judge Reggie B. Walton on July 29, 2016. (lcrbw2) (Entered: 07/29/2016)
2016-07-29Minute Entry; for proceedings held before Judge Reggie B. Walton: Status Conference held on 7/29/2016. Joint Status Report due by 8/5/2016. Status Conference set for 2/24/2017 at 10:30 AM in Courtroom 16 before Judge Reggie B. Walton. (Court Reporter Cathryn Jones) (hs) (Entered: 07/29/2016)
2016-08-0520Joint STATUS REPORT by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF JUSTICE, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE. (Johnson, Timothy) (Entered: 08/05/2016)
2016-08-08MINTUE ORDER. Upon consideration of the parties Joint Status Report, it is hereby ORDERED that the parties' proposed schedule for partial summary judgment briefing relating to the plaintiffs' Freedom of Information Act ("FOIA") requests to the Executive Office for U.S. Attorneys, the Office of the Director of National Intelligence, and the Central Intelligence Agency is ADOPTED. It is further ORDERED that this case as it relates to the plaintiffs' FOIA requests to these identified agencies shall proceed as follows: (1) the defendants shall file a motion for summary judgment on or before November 10, 2016; (2) the plaintiffs shall file their cross-motion for summary judgment and opposition to defendants' motion for summary judgment on or before December 9, 2016; (3) the defendants' shall file their reply in support of their motion for summary judgment and opposition to the plaintiffs' cross-motion for summary judgment on or before January 6, 2017; and (4) the plaintiffs' shall file their reply in support of their cross-motion for summary judgment on or before January 20, 2017. Signed by Judge Reggie B. Walton on August 8, 2016. (lcrbw2) (Entered: 08/08/2016)
2016-08-08Set/Reset Deadlines: Summary Judgment motions due by 11/10/2016. Cross Motion/Response to Motion for Summary Judgment due by 12/9/2016. Reply to Motion for Summary Judgment due by 1/6/2017. Reply to Cross Motions due by 1/20/2017. (hs) (Entered: 08/08/2016)
2016-08-2921Unopposed MOTION for Leave to File Second Amended Complaint by KEN DILANIAN, JAMES MADISON PROJECT (Attachments: # 1 Memorandum in Support, # 2 Exhibit 1 (Second Amended Complaint), # 3 Exhibit 2 (First Amended Complaint), # 4 Text of Proposed Order)(Moss, Bradley) (Entered: 08/29/2016)
2016-08-31MINUTE ORDER granting 21 Motion for Leave to File. Upon consideration of the Plaintiffs' Motion for Leave to File Second Amended Complaint, and in light of the fact that the defendants do not object to the plaintiffs' motion, it is hereby ORDERED that the motion is GRANTED. It is further ORDERED that the plaintiffs' Second Amended Complaint is hereby DEEMED FILED as of this date. It is further ORDERED that the Clerk shall file Exhibit 1 of the Plaintiff's Motion for Leave to File Second Amended Complaint as a separate document to the docket. Signed by Judge Reggie B. Walton on August 31, 2016. (lcrbw2) (Entered: 08/31/2016)
2016-08-3122Second AMENDED COMPLAINT against CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF JUSTICE, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE filed by JAMES MADISON PROJECT, KEN DILANIAN.(td) (Entered: 08/31/2016)
2016-09-08MINUTE ORDER. Due to a conflict with the Court's schedule, it is hereby ORDERED that the status conference previously scheduled for February 24, 2017, is CONTINUED to February 27, 2017, at 10:30 a.m. Signed by Judge Reggie B. Walton on September 8, 2016. (lcrbw2) (Entered: 09/08/2016)
2016-09-08Set/Reset Hearings: Status Conference reset for 2/27/2017 at 10:30 AM in Courtroom 16 before Judge Reggie B. Walton. (hs) (Entered: 09/08/2016)
2016-09-1923ANSWER to 22 Amended Complaint by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF JUSTICE, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE. Related document: 22 Amended Complaint filed by KEN DILANIAN, JAMES MADISON PROJECT. (Attachments: # 1 Exhibit 20-24)(Johnson, Timothy) (Entered: 09/19/2016)
2016-11-1024MOTION for Partial Summary Judgment by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF JUSTICE, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE (Attachments: # 1 Statement of Facts, # 2 Memorandum in Support, # 3 Text of Proposed Order, # 4 Exhibit 1-Shiner Declaration, # 5 Exhibit 2-Jolly Declaration, # 6 Exhibit 3-Hart Declaration, # 7 Exhibit 4-Ewing Declaration)(Johnson, Timothy) (Entered: 11/10/2016)
2016-12-0925Memorandum in opposition to re 24 MOTION for Partial Summary Judgment filed by KEN DILANIAN, JAMES MADISON PROJECT. (Attachments: # 1 Exhibit 1 - Rule 56(d) Declaration of Bradley P. Moss, Esq., # 2 Statement of Facts Response, # 3 Text of Proposed Order)(Moss, Bradley) (Entered: 12/09/2016)
2017-01-0626REPLY to opposition to motion re 24 MOTION for Partial Summary Judgment filed by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF JUSTICE, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE. (Johnson, Timothy) (Entered: 01/06/2017)
2017-02-27Minute Entry; for proceedings held before Judge Reggie B. Walton: Status Conference held on 2/27/2017. Status Conference reset for 4/27/2017 at 11:00 AM in Courtroom 16 before Judge Reggie B. Walton. (Court Reporter Cathryn Jones) (hs) (Entered: 02/27/2017)
2017-04-27Minute Entry; for proceedings held before Judge Reggie B. Walton: Status Conference held on 4/27/2017. Joint Status Report due within 60 days from today's date. Plaintiff's counsel permitted to appear by telephone. (Court Reporter Cathryn Jones) (hs) (Entered: 04/27/2017)
2017-06-2627Joint STATUS REPORT by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF JUSTICE, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE. (Johnson, Timothy) (Entered: 06/26/2017)
2017-06-27MINUTE ORDER. Upon consideration of the parties' Joint Status Report, and for good cause shown, it is hereby ORDERED that the parties shall file an additional joint status report on or before September 15, 2017, updating the Court as to the status of the processing of the plaintiffs' remaining FOIA requests. Signed by Judge Reggie B. Walton on June 27, 2017. (lcrbw2) (Entered: 06/27/2017)
2017-06-28Set/Reset Deadlines: Joint Status Report due by 9/15/2017 (hs) (Entered: 06/28/2017)
2017-09-1528Joint STATUS REPORT by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF JUSTICE, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE. (Johnson, Timothy) (Entered: 09/15/2017)
2017-09-20MINUTE ORDER. Upon consideration of the parties' Joint Status Report, and for good cause shown, it is hereby ORDERED that the parties shall file an additional joint status report on or before December 15, 2017, updating the Court as to the status of the processing of the plaintiffs' remaining FOIA requests. Signed by Judge Reggie B. Walton on September 20, 2017. (lcrbw2) (Entered: 09/20/2017)
2017-09-21Set/Reset Deadlines: Joint Status Report due by 12/15/2017 (hs) (Entered: 09/21/2017)
2017-12-1529Joint STATUS REPORT by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF JUSTICE, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE. (Johnson, Timothy) (Entered: 12/15/2017)
2017-12-19MINUTE ORDER. Upon consideration of the parties' Joint Status Report, and for good cause shown, it is hereby ORDERED that the parties shall file an additional joint status report on or before February 15, 2018, updating the Court as to the status of the processing of the plaintiffs' remaining FOIA requests. Signed by Judge Reggie B. Walton on December 19, 2017. (lcrbw2) (Entered: 12/19/2017)
2017-12-19Set/Reset Deadlines: Joint Status Report due by 2/15/2018 (hs) (Entered: 12/19/2017)
2018-02-1530Joint STATUS REPORT by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF JUSTICE, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE. (Johnson, Timothy) (Entered: 02/15/2018)
2018-02-16MINUTE ORDER. Upon consideration of the parties' Joint Status Report, and for good cause shown, it is hereby ORDERED that the parties shall file an additional joint status report on or before May 15, 2018, updating the Court as to the status of the processing of the plaintiffs' remaining FOIA requests. Signed by Judge Reggie B. Walton on February 16, 2018. (lcrbw2) (Entered: 02/16/2018)
2018-02-16Set/Reset Deadlines: Joint Status Report due by 5/15/2018 (hs) (Entered: 02/16/2018)
2018-03-2631ORDER. In accordance with the Memorandum Opinion issued on this same date, it is hereby ORDERED that the Defendants' Motion for Partial Summary Judgment, ECF No. 24, is GRANTED IN PART AND DENIED IN PART. See attached Order for further details. Signed by Judge Reggie B. Walton on March 26, 2018. (lcrbw2) (Entered: 03/26/2018)
2018-03-2632MEMORANDUM OPINION. Signed by Judge Reggie B. Walton on March 26, 2018. (lcrbw2) (Entered: 03/26/2018)
2018-03-27Set/Reset Deadlines: The Office of the Director of National Intelligence's Renewed Summary Judgment motion is due by 4/27/2018. (hs) (Entered: 03/27/2018)
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by FOIA Project Staff