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Case TitleDeFRAIA v. CENTRAL INTELLIGENCE AGENCY
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2016cv01862
Date Filed2016-09-19
Date ClosedOpen
JudgeJudge Trevor N. McFadden
PlaintiffDANIEL CHARLES DEFRAIA
Case DescriptionDaniel DeFraia submitted a FOIA request to the CIA for records concerning the CIA's relationship with Bruce Jensen and James Mitchell, including any contracts. The agency acknowledged receipt of the request but told DeFraia that to search for contracts between the CIA and Jensen and Mitchell would be too burdensome. DeFraia continued to ask for an estimated date of completion, but after hearing nothing further from the agency, DeFraia filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Attorney's fees

DefendantCENTRAL INTELLIGENCE AGENCY
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Opinion/Order [37]
FOIA Project Annotation: Judge Trevor McFadden has ruled that the CIA properly responded to Daniel DeFraia's requests for records concerning contracts between the agency and Bruce Jessen and James Mitchell, two contractors who were involved in developing the agency's detainee interrogation program, and five categories of records that were cited in the Senate Select Committee on Intelligence report on the interrogation program. Although DeFraia argued the CIA had improperly narrowed the scope of his request concerning the contracts with Jessen and Mitchell, McFadden pointed out that as a result of negotiations the parties had narrowed the scope of that request to include only the contracts themselves, which the CIA had then disclosed. Finding the parties had properly narrowed the scope of the request, McFadden observed that "because Mr. DeFraia has already narrowed the scope of his FOIA request, his assertion that the CIA failed 'to follow-up on clear leads indicating the existence of additional agency records' must fail. Mr. DeFraia points to five sets of documents referenced in the CIA contracts, which he says are illustrative of 'obvious indications that the CIA omitted responsive records.' But none of those documents constitute a contract " or part of a contract " that the CIA has failed to produce." He added that "Mr. DeFraia also thinks these deliverables [mentioned in the contracts] should have been produced. But deliverables are the fruit of an obligation, not obligation creators themselves, and therefore distinct from the contract as such." DeFraia also argued that the CIA should have provided further information pertaining to his request for citations in the Senate report. McFadden disagreed, noting that "Mr. DeFraia would have the CIA produce information that was not specifically cited in the footnotes, undertaking 'follow-up actions to locate the relevant files associated with the Justification [cited in the footnotes]. But to look for information not cited would go beyond the request, which sought 'all emails, letters, and reports, and other sources of information cited in' three specific footnotes. . . By giving him documents 'cited in' the footnote, the CIA gave Mr. DeFraia exactly what he requested."
Issues: Request - Specificity, Adequacy - Search
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2016-09-191COMPLAINT against CENTRAL INTELLIGENCE AGENCY ( Filing fee $ 400 receipt number 0090-4678308) filed by DANIEL CHARLES DeFRAIA. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons, # 4 Summons)(Sorenson, C.) (Entered: 09/19/2016)
2016-09-19Case Assigned to Judge Rudolph Contreras. (sth) (Entered: 09/19/2016)
2016-09-192SUMMONS (3) Issued Electronically as to CENTRAL INTELLIGENCE AGENCY, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Summons, # 2 Summons, # 3 Summons)(sth) (Entered: 09/19/2016)
2016-10-043NOTICE of Appearance by Daniel J. Stotter on behalf of DANIEL CHARLES DeFRAIA (Stotter, Daniel) (Entered: 10/04/2016)
2016-10-314NOTICE of Appearance by Stephen J. Buckingham on behalf of CENTRAL INTELLIGENCE AGENCY (Buckingham, Stephen) (Entered: 10/31/2016)
2016-10-315Unopposed MOTION for Extension of Time to Respond to Complaint by CENTRAL INTELLIGENCE AGENCY (Attachments: # 1 Text of Proposed Order)(Buckingham, Stephen) (Entered: 10/31/2016)
2016-10-31MINUTE ORDER granting 5 Defendant's Unopposed Motion for Extension of Time: It is hereby ORDERED that Defendant shall file its response to Plaintiff's complaint on or before November 30, 2016. SO ORDERED. Signed by Judge Rudolph Contreras on 10/31/2016. (lcrc1) (Entered: 10/31/2016)
2016-11-306ANSWER to Complaint by CENTRAL INTELLIGENCE AGENCY.(Buckingham, Stephen) (Entered: 11/30/2016)
2016-11-30MINUTE ORDER: It is hereby ORDERED that the parties shall meet and confer and submit a proposed briefing schedule on or before December 15, 2016. SO ORDERED. Signed by Judge Rudolph Contreras on 11/30/2016. (lcrc1) (Entered: 11/30/2016)
2016-11-30Set/Reset Deadlines: Proposed Briefing Schedule due by 12/15/2016 (tj) (Entered: 11/30/2016)
2016-12-147Joint STATUS REPORT and Proposed Briefing Schedule by CENTRAL INTELLIGENCE AGENCY. (Attachments: # 1 Text of Proposed Order)(Buckingham, Stephen) (Entered: 12/14/2016)
2016-12-14MINUTE ORDER: Upon consideration of 7 the parties' Joint Status Report and Proposed Briefing Schedule, it is hereby ORDERED that Defendant's motion for summary judgment shall be filed on or before May 22, 2017; Plaintiff's opposition and cross motion for summary judgment shall be filed on or before July 3, 2017; Defendant's reply and opposition to Plaintiff's motion shall be filed on or before July 28, 2017; and Plaintiff's reply shall be filed on or before August 21, 2017. SO ORDERED. Signed by Judge Rudolph Contreras on 12/14/2016. (lcrc3) (Entered: 12/14/2016)
2017-02-138MOTION for Extension of Time to Move for Summary Judgment by CENTRAL INTELLIGENCE AGENCY (Attachments: # 1 Text of Proposed Order)(Buckingham, Stephen) (Entered: 02/13/2017)
2017-02-199Unopposed MOTION for Extension of Time to by DANIEL CHARLES DeFRAIA (Attachments: # 1 Text of Proposed Order)(Sorenson, C.) (Entered: 02/19/2017)
2017-02-21MINUTE ORDER granting 9 Plaintiff's Unopposed Motion for Extension of Time: It is hereby ORDERED that Plaintiff shall file his response to 8 Defendant's motion to extend the briefing schedule on or before March 6, 2017. SO ORDERED. Signed by Judge Rudolph Contreras on 2/21/2017. (lcrc1) (Entered: 02/21/2017)
2017-02-22Set/Reset Deadlines: Responses due by 3/6/2017 (tj) (Entered: 02/22/2017)
2017-03-0610Memorandum in opposition to re 8 MOTION for Extension of Time to Move for Summary Judgment filed by DANIEL CHARLES DeFRAIA. (Attachments: # 1 Declaration, # 2 Memorandum in Support)(Sorenson, C.) (Entered: 03/06/2017)
2017-03-1011ORDER denying without prejudice 8 Motion for Extension of Time. See document for details. Signed by Judge Rudolph Contreras on 3/10/2017. (lcrc1) (Entered: 03/10/2017)
2017-03-3112Supplemental MOTION for Extension of Time to Move for Summary Judgment by CENTRAL INTELLIGENCE AGENCY (Attachments: # 1 Text of Proposed Order, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6)(Buckingham, Stephen) (Entered: 03/31/2017)
2017-04-1413RESPONSE re 12 Supplemental MOTION for Extension of Time to Move for Summary Judgment filed by DANIEL CHARLES DeFRAIA. (Attachments: # 1 Text of Proposed Order)(Sorenson, C.) (Entered: 04/14/2017)
2017-05-0814ORDER granting 12 Defendant's Motion for Extension of Time. See document for details. Signed by Judge Rudolph Contreras on 5/8/2017. (lcrc1) (Entered: 05/08/2017)
2017-05-2215MOTION for Partial Summary Judgment by CENTRAL INTELLIGENCE AGENCY (Attachments: # 1 Memorandum in Support, # 2 Exhibit Declaration, # 3 Exhibit Index, # 4 Statement of Facts, # 5 Text of Proposed Order)(Buckingham, Stephen) (Entered: 05/22/2017)
2017-06-1216ERRATA by CENTRAL INTELLIGENCE AGENCY 15 MOTION for Partial Summary Judgment filed by CENTRAL INTELLIGENCE AGENCY. (Attachments: # 1 Errata Declaration)(Buckingham, Stephen) (Entered: 06/12/2017)
2017-06-2617Unopposed MOTION for Extension of Time to File Response/Reply as to 15 MOTION for Partial Summary Judgment by DANIEL CHARLES DeFRAIA (Attachments: # 1 Text of Proposed Order)(Sorenson, C.) (Entered: 06/26/2017)
2017-06-26MINUTE ORDER granting 17 Plaintiff's Unopposed Motion for Extension of Time: It is hereby ORDERED that Plaintiff shall file his opposition and cross-motion for summary judgment concerning the first portion of the 2014 request and the entirety of the 2015 request on or before July 17, 2017. SO ORDERED. Signed by Judge Rudolph Contreras on 6/26/2017. (lcrc1) (Entered: 06/26/2017)
2017-06-27Set/Reset Deadlines: Cross Motions due by 7/17/2017. Response to Motion for Summary Judgment due by 7/17/2017. (tj) (Entered: 06/27/2017)
2017-07-1718Memorandum in opposition to re 15 MOTION for Partial Summary Judgment filed by DANIEL CHARLES DeFRAIA. (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Declaration, # 4 Text of Proposed Order)(Sorenson, C.) (Entered: 07/17/2017)
2017-07-1719MOTION for Partial Summary Judgment by DANIEL CHARLES DeFRAIA (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order, # 3 Statement of Facts, # 4 Declaration)(Sorenson, C.) (Entered: 07/17/2017)
2017-07-2820REPLY to opposition to motion re 15 MOTION for Partial Summary Judgment filed by CENTRAL INTELLIGENCE AGENCY. (Buckingham, Stephen) (Entered: 07/28/2017)
2017-07-2821Memorandum in opposition to re 19 MOTION for Partial Summary Judgment filed by CENTRAL INTELLIGENCE AGENCY. (Buckingham, Stephen) (Entered: 07/28/2017)
2017-08-2122REPLY to opposition to motion re 19 MOTION for Partial Summary Judgment filed by DANIEL CHARLES DeFRAIA. (Sorenson, C.) (Entered: 08/21/2017)
2017-08-2123Memorandum in opposition to re 15 MOTION for Partial Summary Judgment filed by DANIEL CHARLES DeFRAIA. (See Docket Entry 22 to view document). (znmw) (Entered: 08/22/2017)
2017-09-2124Second MOTION for Extension of Time to Move for Partial Summary Judgment by CENTRAL INTELLIGENCE AGENCY (Attachments: # 1 Exhibit 1, # 2 Text of Proposed Order)(Buckingham, Stephen) (Entered: 09/21/2017)
2017-09-2925NOTICE OF SUBSTITUTION OF COUNSEL by Marcia Kay Sowles on behalf of CENTRAL INTELLIGENCE AGENCY Substituting for attorney Stephen J. Buckingham (Sowles, Marcia) (Entered: 09/29/2017)
2017-10-0526Memorandum in opposition to re 24 Second MOTION for Extension of Time to Move for Partial Summary Judgment filed by DANIEL CHARLES DeFRAIA. (Sorenson, C.) (Entered: 10/05/2017)
2017-10-1227REPLY to opposition to motion re 24 Second MOTION for Extension of Time to Move for Partial Summary Judgment filed by CENTRAL INTELLIGENCE AGENCY. (Sowles, Marcia) (Entered: 10/12/2017)
2017-10-2028ORDER granting in part and denying in part 24 Defendant's Motion for Extension of Time. See document for details. Signed by Judge Rudolph Contreras on 10/20/2017. (lcrc1) (Entered: 10/20/2017)
2017-11-02Case directly reassigned to Judge Trevor N. McFadden. Judge Rudolph Contreras is no longer assigned to the case. (ztnr) (Entered: 11/02/2017)
2017-12-0629STATUS REPORT by CENTRAL INTELLIGENCE AGENCY. (Attachments: # 1 Declaration of E. Riggs Monfort)(Sowles, Marcia) (Entered: 12/06/2017)
2018-01-0430STATUS REPORT regarding December 2017 production by CENTRAL INTELLIGENCE AGENCY. (Sowles, Marcia) (Entered: 01/04/2018)
2018-02-0131STATUS REPORT by CENTRAL INTELLIGENCE AGENCY. (Sowles, Marcia) (Entered: 02/01/2018)
2018-03-0732STATUS REPORT by CENTRAL INTELLIGENCE AGENCY. (Sowles, Marcia) (Entered: 03/07/2018)
2018-04-0333ORDER. The Defendant shall, by April 18, 2018, either search for and release to the Plaintiff the portions of a certain Appendix A (as detailed in the Order) not subject to FOIA exemptions, along with a notice of compliance filed by April 21, 2018, or else submit a supplemental declaration explaining why its release is not required by law. Signed by Judge Trevor N. McFadden on 4/3/2018. (lctnm2) (Entered: 04/03/2018)
2018-04-0434Monthly STATUS REPORT by CENTRAL INTELLIGENCE AGENCY. (Sowles, Marcia) (Entered: 04/04/2018)
2018-04-04Set/Reset Deadlines: Defendant's response to 33 Order of the Court due by 4/18/2018. (hmc) (Entered: 04/04/2018)
2018-04-1835NOTICE of Compliance with Minute Order by CENTRAL INTELLIGENCE AGENCY re 33 Order, (Sowles, Marcia) (Entered: 04/18/2018)
2018-04-2536STANDING ORDER Establishing Procedures for Cases Before Judge Trevor N. McFadden. The parties are hereby ORDERED to read and comply with the directives in the attached standing order. Courtesy copies are excused for all filings predating the entry of this Standing Order. Signed by Judge Trevor N. McFadden on 4/25/2018. (lctnm2) (Entered: 04/25/2018)
2018-04-3037MEMORANDUM OPINION regarding the Defendant's 15 Motion for Partial Summary Judgment and the Plaintiff's 19 MOTION for Partial Summary Judgment. Signed by Judge Trevor N. McFadden on 4/30/2018. (lctnm2) (Entered: 04/30/2018)
2018-04-3038ORDER. For the reasons stated in the Memorandum Opinion, the CIA's 15 Motion for Partial Summary Judgment is GRANTED, and Mr. DeFraia's 19 Motion for Partial Summary Judgment is DENIED. Signed by Judge Trevor N. McFadden on 4/30/2018. (lctnm2) (Entered: 04/30/2018)
2018-05-0339Monthly STATUS REPORT by CENTRAL INTELLIGENCE AGENCY. (Attachments: # 1 Exhibit Supplemental Declaration of Antoinette Shiner)(Sowles, Marcia) (Entered: 05/03/2018)
2018-05-3140Joint STATUS REPORT by DANIEL CHARLES DeFRAIA. (Sorenson, C.) (Entered: 05/31/2018)
2018-05-31MINUTE ORDER: Upon consideration of the parties' 40 Joint Status Report, the parties are directed to observe the following briefing schedule. Defendant's Motion for Summary Judgment is due July 20, 2018. Plaintiff's Opposition and any Cross-Motion for Summary Judgment are due August 20, 2018. Defendant's Reply in support of its Motion for Summary Judgment and Opposition to any Cross-Motion for Summary Judgment are due September 17, 2018. Plaintiff's Reply in support of any Cross-Motion for Summary Judgment is due October 22, 2018. SO ORDERED. Signed by Judge Trevor N. McFadden on 5/31/18. (lctnm1) (Entered: 05/31/2018)
2018-06-01Set/Reset Deadlines: Defendant's Motion for Summary Judgment due by 7/20/2018. Plaintiff's Opposition to Defendant's Motion for Summary Judgment and Cross-Motion due by 8/20/2018. Defendant's reply in support of its Motion for Summary Judgment and opposition to Plaintiff's Cross-Motion due by 9/17/2018. Plaintiff's reply in support of its Cross-Motion due by 10/22/2018. (hmc) (Entered: 06/01/2018)
2018-07-2041MOTION for Summary Judgment and Memorandum in Support of Motion for Summary Judgment by CENTRAL INTELLIGENCE AGENCY (Attachments: # 1 Statement of Material Facts as to Which There Is No Genuine Dispute, # 2 Declaration Antoinette B. Shiner with Exhibits, # 3 Declaration David M. Hardy, # 4 Text of Proposed Order)(Sowles, Marcia) (Entered: 07/20/2018)
2018-08-0642Joint MOTION to Vacate by DANIEL CHARLES DEFRAIA (Attachments: # 1 Text of Proposed Order)(Sorenson, C.) Modified event title on 8/13/2018 (znmw). (Entered: 08/06/2018)
2018-08-06MINUTE ORDER granting the parties' 42 Joint Motion to Vacate Briefing Schedule. The parties shall file a Joint Status Report by October 15, 2018, if they have not filed a stipulation of dismissal by that date. The CIA's 41 Motion for Summary Judgment is DISMISSED as moot in light of the Joint Motion's representation that the substantive issues raised by the Motion for Summary Judgment are no longer in dispute. SO ORDERED. Signed by Judge Trevor N. McFadden on 8/6/18. (lctnm1) (Entered: 08/06/2018)
2018-08-07Set/Reset Deadlines: Joint Status Report due by 10/15/2018. (tg) (Entered: 08/07/2018)
2018-10-0343NOTICE of Change of Address by Marcia Kay Sowles (Sowles, Marcia) (Entered: 10/03/2018)
2018-10-1044Consent MOTION to Stay Per Local Civil Rule 54.2(a) by DANIEL CHARLES DEFRAIA (Attachments: # 1 Text of Proposed Order)(Stotter, Daniel) (Entered: 10/10/2018)
2018-10-12MINUTE ORDER: Upon consideration of the parties' 44 Consent Motion to Stay, it is hereby ORDERED that this case shall be stayed to allow the parties to pursue settlement discussions. The parties shall submit a joint status report on or before December 14, 2018, to inform the Court of the status of settlement of the issue of attorneys' fees and costs. Signed by Judge Trevor N. McFadden on 10/12/2018 (lctnm1) (Entered: 10/12/2018)
2018-10-12Case Stayed. (hmc) (Entered: 10/12/2018)
2018-10-12Set/Reset Deadlines: Joint Status Report due by 12/14/2018. (hmc) (Entered: 10/12/2018)
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