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Case TitleASSOCIATED PRESS et al v. FEDERAL BUREAU OF INVESTIGATION
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2016cv01850
Date Filed2016-09-16
Date Closed2017-10-03
JudgeJudge Tanya S. Chutkan
PlaintiffASSOCIATED PRESS
PlaintiffGANNETT SATELLITE INFORMATION NETWORK LLC
doing business as USA TODAY
PlaintiffVICE MEDIA LLC
Case DescriptionThe Associated Press, USA Today, and journalist Jason Leopold all submitted FOIA requests to the FBI for records concerning the FBI's publicly-acknowledged purchase of a device that allowed it to break into iPhones in relation to its investigation of the San Bernandino shooting. All three requests were denied by the FBI under Exemption 7(A) (ongoing investigation or proceeding). The requesters all appealed the agency's decision. All of their appeals were denied by the agency. AP, Gannett, and Vice News then filed suit.
Complaint issues: Litigation - Attorney's fees, Adequacy - Search

DefendantFEDERAL BUREAU OF INVESTIGATION
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Opinion/Order [22]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2016-09-161COMPLAINT against FEDERAL BUREAU OF INVESTIGATION ( Filing fee $ 400 receipt number 0090-4676381) filed by VICE MEDIA LLC, GANNETT SATELLITE INFORMATION NETWORK LLC d/b/a USA TODAY, THE ASSOCIATED PRESS. (Attachments: # 1 Civil Cover Sheet, # 2 Summons Summons as to Federal Bureau of Investigation, # 3 Summons Summons as to United States Attorney's Office, # 4 Summons Summons as to United States Attorney General)(Brown, Jay) (Entered: 09/16/2016)
2016-09-162LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by THE ASSOCIATED PRESS (Brown, Jay) (Entered: 09/16/2016)
2016-09-163LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by GANNETT SATELLITE INFORMATION NETWORK LLC d/b/a USA TODAY (Brown, Jay) (Entered: 09/16/2016)
2016-09-164LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by VICE MEDIA LLC (Brown, Jay) (Entered: 09/16/2016)
2016-09-16Case Assigned to Judge Tanya S. Chutkan. (md) (Entered: 09/19/2016)
2016-09-195SUMMONS (3) Issued Electronically as to FEDERAL BUREAU OF INVESTIGATION, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Consent Form)(zsb) (Entered: 09/19/2016)
2016-09-306RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. FEDERAL BUREAU OF INVESTIGATION served on 9/23/2016, (Attachments: # 1 Return Receipt)(Brown, Jay) Modified on 9/30/2016 to correct event (zrdj). (Entered: 09/30/2016)
2016-09-307RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 9/23/2016. Answer due for ALL FEDERAL DEFENDANTS by 10/23/2016. (Attachments: # 1 Return Receipt)(Brown, Jay) (Entered: 09/30/2016)
2016-09-308RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 09/23/2016. (Attachments: # 1 Return Receipt)(Brown, Jay) (Entered: 09/30/2016)
2016-10-249NOTICE of Appearance by Joseph Evan Borson on behalf of FEDERAL BUREAU OF INVESTIGATION (Borson, Joseph) (Entered: 10/24/2016)
2016-10-2410ANSWER to Complaint by FEDERAL BUREAU OF INVESTIGATION. (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 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L)(Borson, Joseph) (Entered: 10/24/2016)
2016-10-25MINUTE 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 11/15/16. Signed by Judge Tanya S. Chutkan on 10/25/16. (DJS) (Entered: 10/25/2016)
2016-10-25Set/Reset Deadlines: Status Report due by 11/15/2016 (zsm) (Entered: 10/25/2016)
2016-10-2611MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Jeremy A. Kutner, :Firm- Levine Sullivan Koch & Schulz, LLP, :Address- 321 W. 44th Street, Suite 1000, New York, NY 10036. Phone No. - 212-850-6107. Fax No. - 212-850-6299 Filing fee $ 100, receipt number 0090-4721959. Fee Status: Fee Paid. by ASSOCIATED PRESS, GANNETT SATELLITE INFORMATION NETWORK LLC, VICE MEDIA LLC (Attachments: # 1 Declaration of Jeremy A. Kutner, # 2 Text of Proposed Order)(Brown, Jay) (Entered: 10/26/2016)
2016-10-27MINUTE ORDER: Granting 11 Motion for Leave to Appear Pro Hac Vice. Attorney JEREMY A. KUTNER is hereby admitted pro hac vice to appear in this matter on behalf of Plaintiffs. Signed by Judge Tanya S. Chutkan on 10/27/16. (DJS) (Entered: 10/27/2016)
2016-10-2812NOTICE of Appearance by Jeremy A. Kutner on behalf of ASSOCIATED PRESS, GANNETT SATELLITE INFORMATION NETWORK LLC, VICE MEDIA LLC (Kutner, Jeremy) (Entered: 10/28/2016)
2016-11-1513Joint STATUS REPORT by ASSOCIATED PRESS, GANNETT SATELLITE INFORMATION NETWORK LLC, VICE MEDIA LLC. (Brown, Jay) (Entered: 11/15/2016)
2016-11-21MINUTE ORDER: Having considered the parties' Joint Status Report 13 it is hereby ordered that the parties shall adhere to the following schedule: FBI Completion of Document Review due by January 6, 2017. FBI Motion for Summary Judgment due January 30, 2017. Plaintiffs' Opposition and Combined Cross-Motion due February 20, 2017. FBI Reply and Combined Opposition to Cross-Motion due March 13, 2017. Plaintiffs' Reply due March 27, 2017. Signed by Judge Tanya S. Chutkan on 11/21/16. (DJS) (Entered: 11/21/2016)
2016-11-21Set/Reset Deadlines: Summary Judgment motions due by 1/30/2017. Response to Motion for Summary Judgment and Cross Motions due by 2/20/2017. Reply to Motion for Summary Judgment and Response to Cross Motions due by 3/13/2017. Reply to Cross Motions due by 3/27/2017. (gdf) (Entered: 11/21/2016)
2017-01-3014MOTION for Summary Judgment by FEDERAL BUREAU OF INVESTIGATION (Attachments: # 1 Memorandum in Support, # 2 Declaration Decl. of David M. Hardy, # 3 Exhibit Exs. A-R of Hardy Decl., # 4 Statement of Facts, # 5 Text of Proposed Order)(Borson, Joseph) (Entered: 01/30/2017)
2017-02-2015Cross MOTION for Summary Judgment by ASSOCIATED PRESS, GANNETT SATELLITE INFORMATION NETWORK LLC, VICE MEDIA LLC (Attachments: # 1 Declaration of Jay Ward Brown, # 2 Exhibits A-J to Brown Decl., # 3 Text of Proposed Order)(Brown, Jay) (Entered: 02/20/2017)
2017-02-2016Memorandum in opposition to re 14 MOTION for Summary Judgment filed by ASSOCIATED PRESS, GANNETT SATELLITE INFORMATION NETWORK LLC, VICE MEDIA LLC. (Attachments: # 1 Declaration of Jay Ward Brown, # 2 Exhibits A-J to Brown Decl., # 3 Text of Proposed Order)(Brown, Jay) (Entered: 02/20/2017)
2017-03-1317Memorandum in opposition to re 15 Cross MOTION for Summary Judgment & Opposition to Defendant's Motion for Summary Judgment filed by FEDERAL BUREAU OF INVESTIGATION. (Attachments: # 1 Declaration Second Hardy Decl., # 2 Statement of Facts)(Borson, Joseph) (Entered: 03/13/2017)
2017-03-1318REPLY to opposition to motion re 14 MOTION for Summary Judgment filed by FEDERAL BUREAU OF INVESTIGATION. (Attachments: # 1 Declaration Second Hardy Decl)(Borson, Joseph) (Entered: 03/13/2017)
2017-03-2719REPLY to opposition to motion re 15 Cross MOTION for Summary Judgment & Opposition to Defendant's Motion for Summary Judgment filed by ASSOCIATED PRESS, GANNETT SATELLITE INFORMATION NETWORK LLC, VICE MEDIA LLC. (Brown, Jay) (Entered: 03/27/2017)
2017-05-1220MOTION to Supplement Record re 15 Cross MOTION for Summary Judgment & Opposition to Defendant's Motion for Summary Judgment by ASSOCIATED PRESS, GANNETT SATELLITE INFORMATION NETWORK LLC, VICE MEDIA LLC (Attachments: # 1 Supplemental Decl. of Jay Ward Brown, # 2 Exhibit A to Suppl. Brown Decl., # 3 Text of Proposed Order)(Brown, Jay) (Entered: 05/12/2017)
2017-05-1621RESPONSE re 20 MOTION to Supplement Record re 15 Cross MOTION for Summary Judgment & Opposition to Defendant's Motion for Summary Judgment filed by FEDERAL BUREAU OF INVESTIGATION. (Borson, Joseph) (Entered: 05/16/2017)
2017-09-3022MEMORANDUM AND OPINION: Re Plaintiffs' Motion 20 to Supplement the Record; Defendant's 14 Motion for Summary Judgment; Plaintiffs' Cross-Motion 15 for Summary Judgment. Signed by Judge Tanya S. Chutkan on 9/30/17. (DJS) (Entered: 09/30/2017)
2017-09-3023ORDER: Granting 14 Defendant's Motion for Summary Judgment; Denying 15 Plaintiffs' Motion for Summary Judgment; Granting Plaintiffs' 20 Motion to Supplement the Record. Dismissing this action with prejudice. Signed by Judge Tanya S. Chutkan on 9/30/17. (DJS) (Entered: 09/30/2017)
2017-09-3024SUPPLEMENTAL MEMORANDUM to re 15 Cross MOTION for Summary Judgment & Opposition to Defendant's Motion for Summary Judgment , 14 MOTION for Summary Judgment filed by ASSOCIATED PRESS, VICE MEDIA LLC. (Attachments: # 1 Exhibit A)(znmw) Modified filed date on 10/3/2017 (znmw). (Entered: 10/02/2017)
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by FOIA Project Staff