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Case TitleJUDICIAL WATCH, INC. v. DEPARTMENT OF DEFENSE et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2016cv00360
Date Filed2016-02-24
Date Closed2017-03-29
JudgeJudge Reggie B. Walton
PlaintiffJUDICIAL WATCH, INC.
Case DescriptionJudicial Watch submitted a FOIA request to the Department of Defense and the CIA for records concerning any legal draft memoranda pertaining to the capture or killing of Osama bin Laden in 2011. Both agencies acknowledged receipt of the request, but after hearing nothing further from either agency, Judicial Watch filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Vaughn index, Litigation - Attorney's fees

DefendantU.S. DEPARTMENT OF DEFENSE
DefendantCENTRAL INTELLIGENCE AGENCY
Washington, DC 20505
DefendantCENTRAL INTELLIGENCE AGENCY
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Opinion/Order [24]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2016-02-241COMPLAINT against All Defendants U.S. Department of Defense; Central Intelligence Agency ( Filing fee $ 400 receipt number 0090-4425313) filed by JUDICIAL WATCH, INC.. (Attachments: # 1 Civil Cover Sheet, # 2 Summons DOD, # 3 Summons CIA, # 4 Summons US Attorney, # 5 Summons US Attorney General)(Burke, Lauren) (Entered: 02/24/2016)
2016-02-242LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by JUDICIAL WATCH, INC. (Burke, Lauren) (Entered: 02/24/2016)
2016-02-243Case Assigned to Judge Reggie B. Walton. (dr) (Entered: 02/25/2016)
2016-02-254SUMMONS (4) Issued Electronically as to CENTRAL INTELLIGENCE AGENCY, U.S. DEPARTMENT OF DEFENSE, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Consent Form)(dr) (Entered: 02/25/2016)
2016-03-045RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 3/3/2016. ( Answer due for ALL FEDERAL DEFENDANTS by 4/2/2016.), RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 3/3/2016., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF DEFENSE served on 3/2/2016 (Attachments: # 1 Declaration of C. Rotaru)(Burke, Lauren) (Entered: 03/04/2016)
2016-04-156Consent MOTION for Extension of Time to File Answer , Nunc Pro Tunc, with Answer Lodged by CENTRAL INTELLIGENCE AGENCY, U.S. DEPARTMENT OF DEFENSE (Attachments: # 1 Exhibit Lodged Answer, # 2 Text of Proposed Order)(Bernie, Andrew) (Entered: 04/15/2016)
2016-04-15MINUTE ORDER granting 6 Motion for Extension of Time to Answer. Upon consideration of the Defendants' Consent Motion for Nunc Pro Tunc Extension of Time to Respond to Complaint, and in light of the parties' consent, it is hereby ORDERED that the motion is GRANTED. It is further ORDERED that the Clerk of the Clerk is directed to file the defendants' answer to the complaint, ECF No. 6-1, on the docket. Signed by Judge Reggie B. Walton on April 15, 2016. (lcrbw2) (Entered: 04/15/2016)
2016-04-157GENERAL ORDER. Signed by Judge Reggie B. Walton on April 15, 2016. (lcrbw2) (Entered: 04/15/2016)
2016-04-158ANSWER to Complaint by CENTRAL INTELLIGENCE AGENCY, U.S. DEPARTMENT OF DEFENSE.(td) (Entered: 04/15/2016)
2016-04-229MEET AND CONFER STATEMENT. (Attachments: # 1 Text of Proposed Order)(Bernie, Andrew) (Entered: 04/22/2016)
2016-04-27MINUTE ORDER. Upon consideration of the Joint Meet and Confer Statement, and in light of the parties' consent, it is hereby ORDERED that the following schedule shall govern further proceedings in this case: 1. On or before June 13, 2016, the defendants shall complete their production of all non-exempt records responsive to the plaintiff's FOIA request as narrowed by agreement of the parties. 2. On or before June 17, 2016, the plaintiff shall inform the defendants whether it believes motions practice will be necessary. 3. On before June 22, 2016, the parties shall file a Joint Status Report informing the Court as to whether motions practice will be necessary. 4. If motions practice is deemed necessary by the parties, then the following briefing schedule will apply: a. July 22, 2016 for the defendants' motion for summary judgment. b. August 22, 2016 for the plaintiff's opposition to the defendants' motion, and any cross-motion for summary judgment by the plaintiff. c. September 19, 2016 for the defendants' reply in support of their motion for summary judgment and opposition to the plaintiff's cross-motion, if any. d. October 5, 2016 for the plaintiff's reply in support of its cross-motion for summary judgment, if any. Signed by Judge Reggie B. Walton on April 27, 2016. (lcrbw2) (Entered: 04/27/2016)
2016-04-28Set/Reset Deadlines: Status Report due by 6/22/2015 Summary Judgment motions due by 7/22/2016. Response to Motion for Summary Judgment due by 8/22/2016. Reply to Motion for Summary Judgment due by 9/19/2016. Plaintiff's Reply due by 10/5/2016 (hs) (Entered: 04/28/2016)
2016-06-2210Joint STATUS REPORT by CENTRAL INTELLIGENCE AGENCY, U.S. DEPARTMENT OF DEFENSE. (Bernie, Andrew) (Entered: 06/22/2016)
2016-07-1511Consent MOTION for Extension of Time to File Defendants' Motion for Summary Judgment by CENTRAL INTELLIGENCE AGENCY, U.S. DEPARTMENT OF DEFENSE (Attachments: # 1 Text of Proposed Order)(Bernie, Andrew) (Entered: 07/15/2016)
2016-07-18MINUTE ORDER granting 11 Motion for Extension of Time to File. Upon consideration of the Defendant's Consent Motion for Extension of Time to File Motion for Summary Judgment, and in light of the parties' consent, it is hereby ORDERED that the motion is granted. It is further ORDERED that the defendants shall file their motion for summary judgment by August 17, 2016. It is further ORDERED that the plaintiff shall file its opposition to the defendants' motion for summary judgment or cross-motion, if any, by September 19, 2016. It is further ORDERED that the defendants shall file their reply in support of their motion for summary judgment and opposition to plaintiff's cross-motion by October 11, 2016. It is further ORDERED that the plaintiff shall file its reply in support of its cross-motion by November 1, 2016. Signed by Judge Reggie B. Walton on July 18, 2016. (lcrbw2) (Entered: 07/18/2016)
2016-07-18Set/Reset Deadlines: Defendants' Summary Judgment motion due by 8/17/2016. Response to Motion for Summary Judgment due by 9/19/2016. Reply to Motion for Summary Judgment due by 10/11/2016. Plaintiff's Reply due by 11/1/2016. (hs) (Entered: 07/18/2016)
2016-08-0912NOTICE of Appearance by Stephen McCoy Elliott on behalf of CENTRAL INTELLIGENCE AGENCY, U.S. DEPARTMENT OF DEFENSE (Elliott, Stephen) (Entered: 08/09/2016)
2016-08-1713MOTION for Summary Judgment by CENTRAL INTELLIGENCE AGENCY, U.S. DEPARTMENT OF DEFENSE (Attachments: # 1 Memorandum in Support, # 2 Exhibit A - Declaration of Antoinette B. Shiner, # 3 Exhibit B - Declaration of Mark H. Herrington, # 4 Statement of Facts, # 5 Text of Proposed Order)(Elliott, Stephen) (Entered: 08/17/2016)
2016-09-1514Consent MOTION for Extension of Time to File Plaintiff's Opposition and Cross-Motion by JUDICIAL WATCH, INC. (Attachments: # 1 Text of Proposed Order)(Burke, Lauren) (Entered: 09/15/2016)
2016-09-16MINUTE ORDER. Upon consideration of the Plaintiff's Consent Motion for Extension of Time to File Opposition to Motion for Summary Judgment, and in light of the defendants' consent and for good cause shown, it is hereby ORDERED that the motion is GRANTED. It is further ORDERED that the plaintiff shall file its opposition to the defendants', the United States Department of Defense and the Central Intelligence Agency (collectively, the "defendants") motion for summary judgment and its cross-motion for summary judgment on or before September 26, 2016. It is further ORDERED that the defendants' shall file their reply in support of their motion for summary judgment and their opposition to the plaintiff's cross-motion for summary judgment on or before October 18, 2016. It is further ORDERED that the plaintiff shall file its reply in support for its cross-motion for summary judgment on or before November 8, 2016. Signed by Judge Reggie B. Walton on September 16, 2016. (lcrbw2) (Entered: 09/16/2016)
2016-09-16Set/Reset Deadlines: Response to Motion for Summary Judgment/Cross Motion due by 9/26/2016; Reply to Motion for Summary Judgment/Response to Cross Motion due by 10/18/2016; Reply in support to Cross Motion due by 11/8/2016 (hs) (Entered: 09/16/2016)
2016-09-2715Memorandum in opposition to re 13 MOTION for Summary Judgment filed by JUDICIAL WATCH, INC.. (Attachments: # 1 Statement of Facts Plaintiff's Statement of Material Facts, # 2 Text of Proposed Order)(Burke, Lauren) (Entered: 09/27/2016)
2016-09-2716Cross MOTION for Summary Judgment by JUDICIAL WATCH, INC. (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Text of Proposed Order)(Burke, Lauren) (Entered: 09/27/2016)
2016-09-2717MOTION for Leave to File Request to Accept Memorandum and Cross Motion as Timely Filed by JUDICIAL WATCH, INC. (Attachments: # 1 Text of Proposed Order)(Burke, Lauren) (Entered: 09/27/2016)
2016-09-27MINUTE ORDER. Upon consideration of the plaintiff's Motion to Accept as Timely Filed Plaintiff's Memorandum in Opposition to Defendants' Motion for Summary Judgment and Cross Motion for Summary Judgment, and in light of the defendants' consent, it is hereby ORDERED that the motion is GRANTED. It is further ORDERED that the Plaintiff's Memorandum in Opposition to Defendants' Motion for Summary Judgment and its Cross Motion for Summary Judgment are DEEMED TIMELY FILED. Signed by Judge Reggie B. Walton on September 27, 2016. (lcrbw2) (Entered: 09/27/2016)
2016-10-1818REPLY to opposition to motion re 13 MOTION for Summary Judgment filed by CENTRAL INTELLIGENCE AGENCY, U.S. DEPARTMENT OF DEFENSE. (Attachments: # 1 Text of Proposed Order)(Elliott, Stephen) (Entered: 10/18/2016)
2016-10-1819Memorandum in opposition to re 16 Cross MOTION for Summary Judgment filed by CENTRAL INTELLIGENCE AGENCY, U.S. DEPARTMENT OF DEFENSE. (Attachments: # 1 Text of Proposed Order)(Elliott, Stephen) (Entered: 10/18/2016)
2016-11-0220NOTICE of Appearance by Paul J. Orfanedes on behalf of JUDICIAL WATCH, INC. (Orfanedes, Paul) (Entered: 11/02/2016)
2016-11-0321Consent MOTION for Extension of Time to File Response/Reply as to 16 Cross MOTION for Summary Judgment (Extension Requested for Reply to Defendants' Opposition to Cross Motion) by JUDICIAL WATCH, INC. (Attachments: # 1 Text of Proposed Order)(Orfanedes, Paul) (Entered: 11/03/2016)
2016-11-04MINUTE ORDER. Upon consideration of the plaintiff's Consent Motion for Extension of Time, and for good cause shown, it is hereby ORDERED that the motion is GRANTED. It is further ORDERED that the plaintiff shall file its reply to the defendants' opposition to its cross-motion for summary judgment on or before December 1, 2016. Signed by Judge Reggie B. Walton on November 4, 2016. (lcrbw2) (Entered: 11/04/2016)
2016-11-04Set/Reset Deadlines: Plaintiff's Reply to Cross Motion due by 12/1/2016. (hs) (Entered: 11/04/2016)
2016-12-0122REPLY to opposition to motion re 16 Cross MOTION for Summary Judgment filed by JUDICIAL WATCH, INC.. (Orfanedes, Paul) (Entered: 12/01/2016)
2017-03-2823ORDER. In accordance with the attached Order, it is hereby ORDERED that the Defendants' Motion for Summary Judgment, ECF No. 13, is GRANTED. It is further ORDERED that the Plaintiff's Cross-Motion for Summary Judgment, ECF No. 16, is DENIED. It is further ORDERED that this case is CLOSED. Signed by Judge Reggie B. Walton on March 28, 2017. (lcrbw2) (Entered: 03/28/2017)
2017-03-2824MEMORANDUM OPINION. Signed by Judge Reggie B. Walton on March 28, 2017. (lcrbw2) (Entered: 03/28/2017)
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