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Case TitleKHATCHADOURIAN v. DEFENSE INTELLIGENCE AGENCY et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2016cv00311
Date Filed2016-02-22
Date ClosedOpen
JudgeJudge Royce C. Lamberth
PlaintiffRAFFI KHATCHADOURIAN
Case DescriptionRaffi Khatchadorian, a staff writer for the New Yorker, submitted a FOIA request to the Defense Intelligence Agency for records concerning the Information Review Task Force, a multi-agency unit created within DIA to assess the impact on the United States of the documents disclosed on the Wikileaks website. DIA acknowledged receipt of the request and after a number of inquiries from Khatchadorian concerning the request, DIA informed him that it was far back in the queue for processing. DIA ultimately disclosed some records but withheld others under Exemption 1 (national security), Exemption 3 (other statutes), Exemption 5 (privileges), and Exemption 6 (invasion of privacy). Khatchadorian appealed the agency's denial. After hearing nothing further from the agency, he asked OGIS to help him get a response to his appeal. OGIS looked into the matter but had no success in getting DIA to respond to Khatchadorian's appeal. Khatchadorian then submitted a second FOIA request to DIA for information about the processing of his first request and subsequent appeal. After hearing nothing further from the agency concerning either request. Khatchardorian filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantDEFENSE INTELLIGENCE AGENCY
DefendantDEPARTMENT OF DEFENSE
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
Complaint attachment 9
Complaint attachment 10
Complaint attachment 11
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2016-02-221COMPLAINT against All Defendants ( Filing fee $ 400 receipt number 0090-4421340) filed by RAFFI KHATCHADOURIAN. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Civil Cover Sheet, # 10 Summons to Defense Intelligence Agency, # 11 Summons to Department of Defense)(Townsend, KatieLynn) (Entered: 02/22/2016)
2016-02-22Case Assigned to Judge Royce C. Lamberth. (sth) (Entered: 02/22/2016)
2016-02-222NOTICE of Corrected Summonses by RAFFI KHATCHADOURIAN re 1 Complaint, (Attachments: # 1 Summons (Corrected) to Defense Intelligence Agency, # 2 Summons (Corrected) to Department of Defense, # 3 Summons (Corrected) to U.S. Attorney, # 4 Summons (Corrected) to Attorney General)(Townsend, KatieLynn) (Entered: 02/22/2016)
2016-02-233SUMMONS (4) Issued Electronically as to DEFENSE INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Consent Forms)(zrdj) (Entered: 02/23/2016)
2016-02-234ERRATA re Exhibit B to Complaint by RAFFI KHATCHADOURIAN 1 Complaint, filed by RAFFI KHATCHADOURIAN. (Attachments: # 1 Exhibit Corrected Exhibit B)(Townsend, KatieLynn) (Entered: 02/23/2016)
2016-03-085RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 2/29/2016. Answer due for ALL FEDERAL DEFENDANTS by 3/30/2016. (Attachments: # 1 Affidavit Affidavit of Mailing)(Townsend, KatieLynn) (Entered: 03/08/2016)
2016-03-086RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 02/29/16. (Attachments: # 1 Affidavit Affidavit of Mailing)(Townsend, KatieLynn) (Entered: 03/08/2016)
2016-03-087RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. DEFENSE INTELLIGENCE AGENCY served on 2/29/2016 (Attachments: # 1 Affidavit Affidavit of Mailing)(Townsend, KatieLynn) (Entered: 03/08/2016)
2016-03-088RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. DEPARTMENT OF DEFENSE served on 2/29/2016 (Attachments: # 1 Affidavit Affidavit of Mailing)(Townsend, KatieLynn) (Entered: 03/08/2016)
2016-03-239Consent MOTION for Extension of Time to File Answer by DEFENSE INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE (Attachments: # 1 Text of Proposed Order)(Thurston, Robin) (Entered: 03/23/2016)
2016-03-2510ORDER granting 9 Motion for Extension of Time to Answer. Signed by Judge Royce C. Lamberth on March 25, 2016.(lcrcl3) (Entered: 03/25/2016)
2016-03-2811NOTICE of Appearance by Adam Alexander Marshall on behalf of All Plaintiffs (Marshall, Adam) (Entered: 03/28/2016)
2016-04-0612ANSWER to Complaint by DEFENSE INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE.(Thurston, Robin) (Entered: 04/06/2016)
2016-04-1813VACATED PURSUANT TO 15 ORDER FILED 4/28/2016.....ORDER: An answer having been filed herein in this case brought under the Freedom of Information Act, the defendants shall file any dispositive motions within 10 days of this date, or such time as the Court allows upon proper motion. Signed by Judge Royce C. Lamberth on 4/15/2016. (ad) Modified on 4/18/2016 (ad). Modified on 4/28/2016 (zrdj). (Entered: 04/18/2016)
2016-04-2714Joint MOTION for Scheduling Order by DEFENSE INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE (Attachments: # 1 Text of Proposed Order)(Thurston, Robin) (Entered: 04/27/2016)
2016-04-2815ORDER granting 14 Joint Motion for Scheduling Order: It is hereby ORDERED that the Court's April 18, 2016 Order (ECF No. 13) is VACATED, and that the deadlines in this matter shall be as follows: Defendants shall commence a rolling production of documents in response to the FOIA requests that are the subject of this litigation by June 17, 2016; Defendants have agreed to make a good faith effort to complete production of documents in this matter by August 31, 2016; Following Defendants' first production, the parties shall meet and confer regarding the deadline for completion of Defendants' rolling production of documents, and by June 27, 2016, shall file a joint status report and further proposed scheduling order. Signed by Judge Royce C. Lamberth on 4/28/2016. (ad) (Entered: 04/28/2016)
2016-04-28Set/Reset Deadlines: Defendants shall commence a rolling production of documents in response to the FOIA requests that are the subject of this litigation by 6/17/2016; Defendants have agreed to make a good faith effort to complete production of documents in this matter by 8/31/2016; the parties shall meet and confer regarding the deadline for completion of Defendants' rolling production of documents, and by 6/27/2016, shall file a joint status report and further proposed scheduling order. (ad) (Entered: 04/28/2016)
2016-06-2716Joint STATUS REPORT by DEFENSE INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE. (Attachments: # 1 Text of Proposed Order)(Thurston, Robin) (Entered: 06/27/2016)
2016-07-0517SCHEDULING ORDER. Upon consideration of the parties' June 27, 2016 Joint Status Report and Motion 16 to Enter Proposed Scheduling Order, it is hereby ORDERED that the deadlines in this matter shall be as follows: Defendants shall continue their rolling production of documents in response to the FOIA requests that are the subject of this litigation, and shall make production by July 18, August 17, and August 31, 2016. Defendants shall make a good faith effort to complete production of documents in this matter by August 31, 2016. Following Defendants' August 17, 2016 production, the parties shall meet and confer, and file a joint status report by August 31, 2016 informing the Court whether Defendants' production is complete or whether one final production in the month of September 2016 will be necessary, and proposing a subsequent proposed schedule. Signed by Judge Royce C. Lamberth on 7/5/2016. (tg) (Entered: 07/06/2016)
2016-08-2518Joint STATUS REPORT and Motion to Enter Proposed Scheduling Order by DEFENSE INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE. (Attachments: # 1 Text of Proposed Order)(Singer, Sam) (Entered: 08/25/2016)
2016-08-2519MOTION for Order by DEFENSE INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE (See docket entry 18 to view document)(zrdj) (Entered: 08/26/2016)
2016-08-26NOTICE OF ERROR re 18 Status Report; emailed to samuel.m.singer@usdoj.gov, cc'd 3 associated attorneys -- The PDF file you docketed contained errors: 1. Two-part docket entry, 2. Counsel is reminded that a combined document must be filed using EACH event respectively. NO ACTION REQUIRED (zrdj, ) (Entered: 08/26/2016)
2016-09-0920ORDER granting 19 Motion for Order: It is hereby ORDERED that the deadlines in this matter shall be as follows: 1) Defendants shall continue to make rolling productions, and shall make such productions by the following dates: August 31, September 16, and September 30, 2016; 2) Defendants will complete production of documents in this matter by September 30, 2016; and 3) The parties will meet and confer following the September 30, 2016 production, and by October 14, 2016 will file a joint status report proposing a schedule for further proceedings in this matter. Signed by Judge Royce C. Lamberth on 9/08/2016. (ad) (Entered: 09/09/2016)
2016-10-1421Joint STATUS REPORT by DEFENSE INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE. (Attachments: # 1 Text of Proposed Order)(Amdur, Spencer) (Entered: 10/14/2016)
2016-10-1422MOTION for Scheduling Order by DEFENSE INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE. (See Docket Entry 21 to view document; Counsel is reminded to make a separate entry for the motion in future). (znmw) (Entered: 10/17/2016)
2016-10-1823ORDER. Upon consideration of the parties' October 14, 2016 Joint Status Report 21 and Motion 22 to enter Proposed Scheduling Order, it is hereby ORDERED that the deadlines in this matter shall be as follows: Defendants will provide to Plaintiff with an oral description of the search Defendants conducted by 10/26/2016; Defendants' draft Vaughn Index due by 12/6/2016; Joint Status Report to notify the Court what, if any, issues remain in dispute due by 12/16/2016; Defendants' Summary Judgment motion, if any, due by 1/13/2017; Cross-Motion and Opposition to Motion for Summary Judgment due by 2/10/2017; Opposition to Cross-Motion and Reply to Opposition to Motion for Summary Judgment due by 3/3/2017; Reply to Opposition to Cross Motion due by 3/17/2017. Signed by Judge Royce C. Lamberth on 10/18/2016. (tg) (Entered: 10/18/2016)
2016-12-1624Joint STATUS REPORT by RAFFI KHATCHADOURIAN. (Townsend, KatieLynn) (Entered: 12/16/2016)
2016-12-2225Joint STATUS REPORT and Motion to Enter Proposed Scheduling Order by DEFENSE INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE. (Attachments: # 1 Text of Proposed Order)(Amdur, Spencer) (Entered: 12/22/2016)
2016-12-2226MOTION for Scheduling Order by DEFENSE INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE (See docket entry 25 to view document)(zrdj) (Entered: 12/23/2016)
2016-12-2927ORDER granting 26 Motion for Scheduling Order. Set/Reset Deadlines: Joint Status Report due by 1/20/2017. Signed by Judge Royce C. Lamberth on 12/28/16. (zlsj) (Entered: 12/29/2016)
2017-01-2028Joint STATUS REPORT and Motion to Enter Proposed Scheduling Order by DEFENSE INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE. (Attachments: # 1 Text of Proposed Order)(Amdur, Spencer) (Entered: 01/20/2017)
2017-01-2029JOINT MOTION for Briefing Schedule by DEFENSE INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, RAFFI KHATCHADOURIAN. (See Docket Entry 28 to view document). (znmw) (Entered: 01/23/2017)
2017-01-2731Joint MOTION for Scheduling Order and Status Report by DEFENSE INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE (Attachments: # 1 Text of Proposed Order)(Thurston, Robin) (Entered: 01/27/2017)
2017-01-2732JOINT STATUS REPORT by DEFENSE INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, RAFFI KHATCHADOURIAN. (See Docket Entry 31 to view document). (znmw) (Entered: 01/30/2017)
2017-02-0133ORDER granting 31 Motion for Scheduling Order; Set/Reset Deadlines: Review sample for responsiveness due by 3/8/2017, Meet & Confer Statement due by 3/14/2017.. Signed by Judge Royce C. Lamberth on 2/1/2017. (lcrcl1, ) (Entered: 02/01/2017)
2017-03-1434Joint STATUS REPORT by RAFFI KHATCHADOURIAN. (Attachments: # 1 Text of Proposed Order Proposed Order)(Townsend, KatieLynn) (Entered: 03/14/2017)
2017-03-1435JOINT MOTION for Scheduling Order by DEFENSE INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, RAFFI KHATCHADOURIAN. (See Docket Entry 34 to view document). (znmw) (Entered: 03/15/2017)
2017-03-2036ORDER granting 35 Motion for Scheduling Order. It is hereby ORDERED, that on or before, 3/21/2017, the parties shall file a Joint Status Report and proposal for the time frame for Defendants' review and production of nonexempt records responsive to Plaintiffs' FOIA requests, as well as a proposed schedule for additional proceedings in this matter. Signed by Judge Royce C. Lamberth on 3/20/17. (zlsj) (Entered: 03/20/2017)
2017-03-2137Joint STATUS REPORT by DEFENSE INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE. (Attachments: # 1 Text of Proposed Order)(Thurston, Robin) (Entered: 03/21/2017)
2017-03-2138Joint MOTION for Scheduling Order by DEFENSE INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE. (See Docket Entry 37 to view document). (znmw) (Entered: 03/22/2017)
2017-04-0739ORDER granting 38 Motion for Scheduling Order. Defendant's review of responsiveness and results due to Plaintiffs by 5/1/17. Joint Status Report due by 5/8/2017. Production of Documents by Defendant due by 6/19/2017. Signed by Judge Royce C. Lamberth on 4/6/17. (lsj) (Entered: 04/10/2017)
2017-05-0840Joint STATUS REPORT by DEFENSE INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE. (Attachments: # 1 Text of Proposed Order)(Thurston, Robin) (Entered: 05/08/2017)
2017-05-0841Joint MOTION for Scheduling Order by DEFENSE INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, RAFFI KHATCHADOURIAN. (See Docket Entry 40 to view document). (znmw) (Entered: 05/09/2017)
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