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Case TitleJAMES MADISON PROJECT et al v. DEPARTMENT OF JUSTICE et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2016cv00514
Date Filed2016-03-18
Date ClosedOpen
JudgeJudge Timothy J. Kelly
PlaintiffJAMES MADISON PROJECT
PlaintiffSHANE HARRIS
Case DescriptionThe James Madison Project and journalist Shane Harris submitted FOIA requests to the FBI, EOUSA, the Department of the Army, the Defense Department, and the CIA for records concerning the investigation of former CIA Director David Petraeus for improperly disclosing classified information and his eventual plea agreement. JMP specifically asked for any assessments of harm to national security and legal assessments of the viability of taking legal action against Petraeus. All the agencies acknowledged receipt of JMP's request, but after hearing nothing further substantively 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
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
Complaint attachment 7
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2016-03-181COMPLAINT against CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF JUSTICE ( Filing fee $ 400 receipt number 0090-4450922) filed by THE JAMES MADISON PROJECT, SHANE HARRIS. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit LCvR 7.1 certification, # 3 Summons CIA, # 4 Summons DoD, # 5 Summons DOJ, # 6 Summons USADC, # 7 Summons USAG)(Moss, Bradley) (Entered: 03/18/2016)
2016-03-18Case Assigned to Judge Amit P. Mehta. (jd) (Entered: 03/18/2016)
2016-03-182LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by JAMES MADISON PROJECT (jd) (Entered: 03/18/2016)
2016-03-183SUMMONS (5) Issued Electronically as to CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF JUSTICE, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Consent Forms)(jd) (Entered: 03/18/2016)
2016-04-254NOTICE of Appearance by Timothy Andrew Johnson on behalf of All Defendants (Johnson, Timothy) (Entered: 04/25/2016)
2016-04-265Joint MOTION to Stay by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Johnson, Timothy) (Entered: 04/26/2016)
2016-04-27MINUTE ORDER granting 5 Joint Motion to Stay. Plaintiffs shall file an Amended Complaint on or before May 23, 2016. Signed by Judge Amit P. Mehta on 04/27/2016. (lcapm3) (Entered: 04/27/2016)
2016-04-27Set/Reset Deadlines/Hearings: Amended Complaint due by 5/23/2016. (cdw) (Entered: 04/28/2016)
2016-05-31VACATED PURSUANT TO COURT'S ORDER OF 6/1/2016..........MINUTE ORDER: On April 27, 2016, the court granted the parties' Joint Motion to Stay this matter to allow Plaintiffs to file an Amended Complaint on or before May 23, 2016. Plaintiffs did not file an Amended Complaint by that date or request an extension of time. The parties are hereby directed to file a Joint Status Report on or before June 3, 2016, explaining the status of Plaintiffs' FOIA requests and recommending a schedule for further proceedings in this matter. Signed by Judge Amit P. Mehta on 05/31/2016. (lcapm3) Modified on 6/2/2016 (cdw). (Entered: 05/31/2016)
2016-05-31Set/Reset Deadlines/Hearings: Joint Status Report due by 6/3/2016. (cdw) (Entered: 06/01/2016)
2016-06-016Unopposed MOTION for Extension of Time to File Motion for Leave to File First Amended Complaint by SHANE HARRIS, JAMES MADISON PROJECT (Attachments: # 1 Text of Proposed Order)(Moss, Bradley) (Entered: 06/01/2016)
2016-06-017Unopposed MOTION for Leave to File First Amended Complaint by SHANE HARRIS, JAMES MADISON PROJECT (Attachments: # 1 Memorandum in Support, # 2 Exhibit A - Complaint, # 3 Exhibit B - FAC, # 4 Text of Proposed Order)(Moss, Bradley) (Entered: 06/01/2016)
2016-06-01MINUTE ORDER granting 6 Plaintiff's Unopposed Motion for an Extension of Time to File Motion For First Amended Complaint and granting 7 Plaintiff's Motion for Leave to File First Amended Complaint. The First Amended Complaint shall now be the operative complaint. Defendant shall respond to the First Amended Complaint within the time period allowed under Federal Rules of Civil Procedure. In light of the filing of the First Amended Complaint, the order to file a status report by June 3, 2016, is hereby vacated. Signed by Judge Amit P. Mehta on 06/01/2016. (lcapm3) (Entered: 06/01/2016)
2016-06-018First AMENDED COMPLAINT against CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF JUSTICE filed by JAMES MADISON PROJECT, SHANE HARRIS.(zrdj) (Entered: 06/02/2016)
2016-06-209ANSWER to 8 Amended Complaint by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF JUSTICE. Related document: 8 Amended Complaint filed by JAMES MADISON PROJECT, SHANE HARRIS. (Attachments: # 1 Exhibits)(Johnson, Timothy) (Entered: 06/20/2016)
2016-06-2110ORDER: Both a Complaint and an Answer are now before the court in this FOIA case. It is hereby ordered that the parties shall meet and confer and file a Joint Status Report on or before July 5, 2016. Please see the attached Order for additional details. Signed by Judge Amit P. Mehta on 06/21/2016. (lcapm3) (Entered: 06/21/2016)
2016-06-21Set/Reset Deadlines/Hearings: Joint Status Report due by 7/5/2016. (cdw) (Entered: 06/21/2016)
2016-07-0111Joint STATUS REPORT by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF JUSTICE. (Johnson, Timothy) (Entered: 07/01/2016)
2016-07-08NOTICE of Hearing:Status Conference set for 7/11/2016 at 2:30 PM in Courtroom 10 before Judge Amit P. Mehta. (mac) (Entered: 07/08/2016)
2016-07-11Minute Entry for proceedings held before Judge Amit P. Mehta: Status Conference held on 7/11/2016. Parties shall submit a Status Report on 7/25/2016. (Court Reporter Janice Dickman) (cdw) (Entered: 07/12/2016)
2016-07-2512Joint STATUS REPORT by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF JUSTICE. (Johnson, Timothy) (Entered: 07/25/2016)
2016-08-0813VACATED PURSUANT TO COURT'S ORDER OF 12/9/2016............ORDER setting the following schedule for further proceedings between Plaintiffs and the CIA, Office of the Secretary of Defense, Army, and Executive Office for United States Attorneys: Defendants' Motions for Summary Judgment shall be filed on or before December 16, 2016; Plaintiffs' Oppositions to Defendants' Motions for Summary Judgment shall be filed on or before January 20, 2017; Defendants' Replies to Plaintiffs' Oppositions to Motions for Summary Judgment shall be filed on or before February 17, 2017; and Plaintiffs' Replies concerning its Cross-Motions for Summary Judgment shall be filed on or before March 3, 2017. Please see the attached Order for additional details. Signed by Judge Amit P. Mehta on 08/08/2016. (lcapm3) Modified on 12/9/2016 (zcdw). (Entered: 08/08/2016)
2016-08-08MINUTE ORDER: The parties are directed to appear for a status conference regarding Plaintiffs' document requests to Defendant FBI on August 18, 2016, at 10:15 a.m., in Courtroom 10. If this time is inconvenient, the parties are instructed to provide two alternative dates and times to the Courtroom Deputy Clerk, Ms. Chashawn White (Chashawn_White@dcd.uscourts.gov), who shall reschedule the hearing and provide notice to the parties. Signed by Judge Amit P. Mehta on 08/08/2016. (lcapm3) (Entered: 08/08/2016)
2016-08-08Set/Reset Deadlines/Hearings: Status Conference set for 8/18/2016 at 10:15 AM in Courtroom 10 before Judge Amit P. Mehta. (cdw) (Entered: 08/08/2016)
2016-08-18Minute Entry for proceedings held before Judge Amit P. Mehta: Status Conference held on 8/18/2016. A futher Status Conference set for 10/7/2016 at 10:45 AM in Courtroom 10 before Judge Amit P. Mehta. (Court Reporter: Lisa Moreira) (cdw) (Entered: 08/18/2016)
2016-10-07Minute Entry for proceedings held before Judge Amit P. Mehta: Status Conference held on 10/7/2016. (Court Reporter: Lisa Moreira) (cdw) (Entered: 10/07/2016)
2016-10-17MINUTE ORDER: The parties shall appear for a status conference on November 3, 2016, at 10:15 a.m. If this time is inconvenient, the parties are instructed to provide two alternative dates and times to the Courtroom Deputy Clerk, Ms. Chashawn White (Chashawn_White@dcd.uscourts.gov), who shall reschedule the hearing and provide notice to the parties. Signed by Judge Amit P. Mehta on 10/17/2016. (lcapm3) (Entered: 10/17/2016)
2016-10-17Set/Reset Deadlines/Hearings: Status Conference set for 11/3/2016 at 10:15 AM in Courtroom 10 before Judge Amit P. Mehta. (cdw) (Entered: 10/18/2016)
2016-10-2114NOTICE of Appearance by Mark Steven Zaid on behalf of All Plaintiffs (Zaid, Mark) (Entered: 10/21/2016)
2016-11-03Minute Entry for proceedings held before Judge Amit P. Mehta: Status Conference held on 11/3/2016. Status Report due by 12/8/2016. (Court Reporter: William Zaremba) (cdw) (Entered: 11/03/2016)
2016-12-0815STATUS REPORT by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF JUSTICE. (Johnson, Timothy) (Entered: 12/08/2016)
2016-12-09MINUTE ORDER. In light of the parties' Joint Status Report filed on December 8, 2016, ECF No. 15, the court hereby vacates the summary judgment briefing schedule entered on August 8, 2016, ECF No. 13. The parties shall file a further Joint Status Report on January 13, 2017, which updates the court on Defendants' processing and disclosure efforts and which proposes, if necessary, a summary judgment briefing schedule. Signed by Judge Amit P. Mehta on 12/09/2016. (lcapm3) (Entered: 12/09/2016)
2016-12-09Set/Reset Deadlines/Hearings: Joint Status Report due by 1/13/2017. (cdw) (Entered: 12/09/2016)
2017-01-1316Joint STATUS REPORT by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF JUSTICE. (Johnson, Timothy) (Entered: 01/13/2017)
2017-01-1717VACATED PURSUANT TO COURT'S ORDER OF 5/8/2017............ ORDER: Having considered 16 the parties' Joint Status Report, the court sets the following schedule for further proceedings in this matter: Defendants' Motion for Summary Judgment shall be filed on or before February 10, 2017; Plaintiffs' Cross-Motion for Summary Judgment and Opposition to Defendants' Motion for Summary Judgment shall be filed on or before March 10, 2017; Defendants' Reply and Opposition to Plaintiffs' Motion for Summary Judgment shall be filed on or before March 31, 2017; and Plaintiffs' Reply shall be filed on or before April 14, 2017. See attached Order for additional details. Signed by Judge Amit P. Mehta on 01/17/2017. (lcapm3) Modified on 2/10/2017 (zcdw). (Entered: 01/17/2017)
2017-02-0718Unopposed MOTION for Extension of Time to Move for Partial Summary Judgment by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Johnson, Timothy) (Entered: 02/07/2017)
2017-02-08VACATED PURSUANT TO COURT'S ORDER OF 3/9/2017............MINUTE ORDER granting 18 Defendants' Unopposed Motion for Extension of Time. Defendants' Motion for Summary Judgment shall be filed on or before March 10, 2017; Plaintiffs' Cross-Motion for Summary Judgment and Opposition to Defendants' Motion for Summary Judgment shall be filed on or before April 7, 2017; Defendants' Reply and Opposition to Plaintiffs' Motion for Summary Judgment shall be filed on or before April 28, 2017; and Plaintiffs' Reply shall be filed on or before May 12, 2017. The court's January 17, 2017, Order setting the schedule in this case is hereby vacated. Signed by Judge Amit P. Mehta on 02/08/2017. (lcapm3) Modified on 3/10/2017 (zcdw). (Entered: 02/08/2017)
2017-02-08Set/Reset Deadlines/Hearings: Defendants' Summary Judgment motion due by 3/10/2017. Response to Motion for Summary Judgment due by 4/7/2017. Reply to Motion for Summary Judgment due by 4/28/2017. Plaintiffs' Cross Motion due by 4/7/2017. Response to Cross Motion due by 4/28/2017. Reply to Cross Motion due by 5/12/2017. (cdw) (Entered: 02/10/2017)
2017-03-0819Unopposed MOTION for Extension of Time to Move for Partial Summary Judgment by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Johnson, Timothy) (Entered: 03/08/2017)
2017-03-09VACATED PURSUANT TO COURT'S ORDER OF 3/24/2017............MINUTE ORDER granting 19 Defendants' Unopposed Motion for Extension of Time. The revised briefing schedule is as follows: Defendants' Motion for Partial Summary Judgment shall be filed on or before March 24, 2017; Plaintiffs' Cross-Motion for Summary Judgment and Opposition to Defendants' Motion shall be filed on or before April 21, 2017; Defendants' Reply and Opposition to Plaintiffs' Motion shall be filed on or before May 12, 2017; and Plaintiffs' Reply shall be filed on or before May 26, 2017. The court's February 8, 2017, minute order setting the schedule in this case is hereby vacated. Signed by Judge Amit P. Mehta on 03/09/2017. (lcapm3) Modified on 3/26/2017 (zcdw). (Entered: 03/09/2017)
2017-03-09Set/Reset Deadlines/Hearings: Defendants' Motion for Partial Summary Judgment due by 3/24/2017. Response to Motion for Partial Summary Judgment due by 4/21/2017. Reply to Motion for Partial Summary Judgment due by 5/12/2017. Plaintiffs' Cross Motion due by 4/21/2017. Response to Cross Motion due by 5/12/2017. Reply to Cross Motion due by 5/26/2017. (cdw) (Entered: 03/10/2017)
2017-03-2420Unopposed MOTION for Extension of Time to Move for Partial Summary Judgment by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Johnson, Timothy) (Entered: 03/24/2017)
2017-03-24MINUTE ORDER granting 20 Defendants' Unopposed Motion for Extension of Time. Defendants' Motion for Partial Summary Judgment shall be filed on or before March 28, 2017. Signed by Judge Amit P. Mehta on 03/24/2017. (lcapm3) (Entered: 03/24/2017)
2017-03-24MINUTE ORDER revising the schedule as follows: Defendants' Motion for Partial Summary Judgment shall be filed on or before March 28, 2017; Plaintiffs' Cross-Motion for Summary Judgment and Opposition to Defendants' Motion shall be filed on or before April 25, 2017; Defendants' Reply and Opposition to Plaintiffs' Motion shall be filed on or before May 16, 2017; and Plaintiffs' Reply shall be filed on or before May 30, 2017. The court's March 9, 2017, minute order is hereby vacated. Signed by Judge Amit P. Mehta on 03/24/2017. (lcapm3) (Entered: 03/24/2017)
2017-03-24Set/Reset Deadlines/Hearings: Defendant's partial summary Judgment motion due by 3/28/2017. Response to Motion for partial Summary Judgment due by 4/25/2017. Reply to Motion for partial Summary Judgment due by 5/16/2017. Plaintiff's Cross Motion due by 4/25/2017. Response to Cross Motion due by 5/16/2017. Reply to Cross Motion due by 5/30/2017. (cdw) (Entered: 03/26/2017)
2017-03-2821MOTION for Partial Summary Judgment by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF JUSTICE (Attachments: # 1 Statement of Facts, # 2 Memorandum in Support, # 3 Text of Proposed Order, # 4 Exhibit 1-Herrington Declaration, # 5 Exhibit 2-DeAgostino Declaration, # 6 Exhibit 3-Stone Declaration)(Johnson, Timothy) (Entered: 03/28/2017)
2017-03-3122Joint STATUS REPORT by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF JUSTICE. (Johnson, Timothy) (Entered: 03/31/2017)
2017-04-03MINUTE ORDER. The parties shall file a Joint Status Report no later than May 12, 2017, in which they update the court on the status of the FBI's response to Plaintiffs' FOIA request and, if appropriate, propose a schedule for partial summary judgment briefing concerning Plaintiffs' FOIA requests to the CIA and FBI. Signed by Judge Amit P. Mehta on 04/03/2017. (lcapm3) (Entered: 04/03/2017)
2017-04-03Set/Reset Deadlines/Hearings: Joint Status Report due by 5/12/2017. (cdw) (Entered: 04/04/2017)
2017-04-2523Memorandum in opposition to re 21 MOTION for Partial Summary Judgment filed by SHANE HARRIS, JAMES MADISON PROJECT. (Attachments: # 1 Exhibit 1 - Moss Declaration, # 2 Statement of Facts Response, # 3 Text of Proposed Order)(Moss, Bradley) (Entered: 04/25/2017)
2017-05-1224Joint STATUS REPORT by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF JUSTICE. (Johnson, Timothy) (Entered: 05/12/2017)
2017-05-1225Unopposed MOTION for Extension of Time to File Response/Reply by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Johnson, Timothy) (Entered: 05/12/2017)
2017-05-15MINUTE ORDER granting 25 Defendants' Unopposed Motion for Extension of Time. Defendants' Reply shall be filed on or before May 23, 2017, and Plaintiffs' Reply shall be filed on or before June 6, 2017. Signed by Judge Amit P. Mehta on 05/15/2017. (lcapm3) (Entered: 05/15/2017)
2017-05-15MINUTE ORDER. Upon consideration of 24 the parties' Joint Status Report, the parties are hereby directed to file a further Joint Status Report on or before August 11, 2017, which updates the court on the status of the FBI's response to Plaintiffs' FOIA request and, if appropriate, proposes a schedule for partial summary judgment briefing concerning Plaintiffs' FOIA requests to the CIA and FBI. Signed by Judge Amit P. Mehta on 05/15/2017. (lcapm3) (Entered: 05/15/2017)
2017-05-15Set/Reset Deadlines/Hearings: Defendants' reply to Motion for Summary Judgment due by 5/23/2017. Plaintiffs' reply due by 6/6/2017. (zcdw) (Entered: 05/16/2017)
2017-05-15Set/Reset Deadlines/Hearings: Joint Status Report due by 8/11/2017. (zcdw) (Entered: 05/16/2017)
2017-05-2326REPLY to opposition to motion re 21 MOTION for Partial Summary Judgment filed by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF JUSTICE. (Attachments: # 1 Exhibit R1, Supplemental Curry Declaration, # 2 Exhibit R2, Supplemental OJAG Memorandum, # 3 Exhibit R3, Supplemental G-2 Memorandum, # 4 Exhibit R4, Supplemental Bantavani Declaration, # 5 Exhibit R5, Supplemental Zimmie Declaration)(Johnson, Timothy) (Entered: 05/23/2017)
2017-05-2427Unopposed MOTION for Leave to File Sur-Reply by SHANE HARRIS, JAMES MADISON PROJECT (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order)(Moss, Bradley) (Entered: 05/24/2017)
2017-05-26MINUTE ORDER granting 27 Plaintiffs' Unopposed Motion for Leave to File Surrreply. Plaintiffs' Surreply shall be filed on or before June 6, 2017. The deadline for Plaintiffs' Reply is hereby vacated. Signed by Judge Amit P. Mehta on 05/26/2017. (lcapm3) (Entered: 05/26/2017)
2017-05-26Set/Reset Deadlines/Hearings: Plaintiffs' surreply due by 6/6/2017. (zcdw) (Entered: 05/30/2017)
2017-06-0228SURREPLY to Defendants' 21 Motion for Partial Summary Judgment filed by SHANE HARRIS, JAMES MADISON PROJECT. (Moss, Bradley) Modified on 6/2/2017 to correct linkage (jf). (Entered: 06/02/2017)
2017-08-1129Joint STATUS REPORT by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF JUSTICE. (Johnson, Timothy) (Entered: 08/11/2017)
2017-08-14MINUTE ORDER. Upon consideration of 29 the parties' Joint Status Report, the parties are hereby directed to file a further Joint Status Report on or before October 27, 2017, which updates the court on the status of the FBI's response to Plaintiffs' FOIA request and, if appropriate, proposes a schedule for partial summary judgment briefing concerning Plaintiffs' FOIA requests to the CIA and FBI. Signed by Judge Amit P. Mehta on 08/14/2017. (lcapm3) (Entered: 08/14/2017)
2017-08-14Set/Reset Deadlines/Hearings: Joint Status Report due by 10/27/2017. (cdw) (Entered: 08/15/2017)
2017-09-19Case directly reassigned to Judge Timothy J. Kelly. Judge Amit P. Mehta is no longer assigned to the case. (ztnr) (Entered: 09/19/2017)
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