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Case TitleJAMES MADISON PROJECT et al v. DEPARTMENT OF STATE et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2017cv00027
Date Filed2017-01-05
Date ClosedOpen
JudgeJudge Colleen Kollar-Kotelly
PlaintiffJAMES MADISON PROJECT
PlaintiffSHANE HARRIS
Case DescriptionThe James Madison Project and journalist Shane Harris submitted FOIA requests to the Department of State, the CIA, the Office of the Director of National Intelligence, and the Department of Defense for records of communications between the agencies and the Government of Ecuador pertaining to Julian Assange. The CIA refused to confirm or deny the existence of records. JMP filed an administrative appeal. ONDI responded that it had no records. JMP filed an administrative appeal of that decision as well. Both the State Department and the Department of Defense acknowledged receipt of the request, but after hearing nothing further from any of the agencies, JMP and Harris filed suit.
Complaint issues: Litigation - Attorney's fees, Failure to respond within statutory time limit

DefendantDEPARTMENT OF STATE
DefendantCENTRAL INTELLIGENCE AGENCY
DefendantOFFICE OF DIRECTOR OF NATIONAL INTELLIGENCE
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
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2017-01-051COMPLAINT against CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF STATE, OFFICE OF DIRECTOR OF NATIONAL INTELLIGENCE ( Filing fee $ 400 receipt number 0090-4796256) filed by THE JAMES MADISON PROJECT, SHANE HARRIS. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit Rule 7.1 certification, # 3 Summons CIA, # 4 Summons DoD, # 5 Summons ODNI, # 6 Summons State, # 7 Summons USADC, # 8 Summons USAG)(Moss, Bradley) (Entered: 01/05/2017)
2017-01-06Case Assigned to Judge Colleen Kollar-Kotelly. (zsb) (Entered: 01/06/2017)
2017-01-062SUMMONS (6) Issued Electronically as to CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF STATE, OFFICE OF DIRECTOR OF NATIONAL INTELLIGENCE, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Consent Form)(zsb) (Entered: 01/06/2017)
2017-01-063ORDER Establishing Procedures for Cases Assigned to Judge Colleen Kollar-Kotelly. Signed by Judge Colleen Kollar-Kotelly on January 6, 2017. (NS) (Entered: 01/06/2017)
2017-01-134RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. CENTRAL INTELLIGENCE AGENCY served on 1/11/2017 (Moss, Bradley) (Entered: 01/13/2017)
2017-01-135RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. DEPARTMENT OF DEFENSE served on 1/10/2017 (Moss, Bradley) (Entered: 01/13/2017)
2017-01-136RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. OFFICE OF DIRECTOR OF NATIONAL INTELLIGENCE served on 1/11/2017 (Moss, Bradley) (Entered: 01/13/2017)
2017-01-137RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 1/11/17. (Moss, Bradley) (Entered: 01/13/2017)
2017-01-138RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 1/11/2017. Answer due for ALL FEDERAL DEFENDANTS by 2/10/2017. (Moss, Bradley) (Entered: 01/13/2017)
2017-01-139NOTICE of Appearance by Mark Steven Zaid on behalf of All Plaintiffs (Zaid, Mark) (Entered: 01/13/2017)
2017-02-0110NOTICE of Appearance by Marina Utgoff Braswell on behalf of CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF STATE, OFFICE OF DIRECTOR OF NATIONAL INTELLIGENCE (Braswell, Marina) (Entered: 02/01/2017)
2017-02-0911Consent MOTION for Extension of Time to File Response/Reply to Complaint by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF STATE, OFFICE OF DIRECTOR OF NATIONAL INTELLIGENCE (Braswell, Marina) (Entered: 02/09/2017)
2017-02-10MINUTE ORDER. The Court is in receipt of Defendants' 11 Consent Motion for Extension of Time. Defendants request an extension up to and including February 24, 2017 to respond to the complaint in this case because defense counsel has been occupied with other matters and also ill. Accordingly, counsel has not yet been able to obtain information from all Defendants required to respond to the complaint. Defendants acknowledge that this request was not timely, and the Court expects all parties to adhere to the requirement that motions for extensions be filed at least four days before the deadline at issue in the future. Plaintiff consents to Defendants' current motion. It is accordingly GRANTED. Defendants shall respond to Plaintiff's complaint by no later than FEBRUARY 24, 2017. Signed by Judge Colleen Kollar-Kotelly on 2/10/2017. (lcckk3) (Entered: 02/10/2017)
2017-02-10Set/Reset Deadlines: Answer due by 2/24/2017. (dot) (Entered: 02/10/2017)
2017-02-2412ANSWER to Complaint by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF STATE, OFFICE OF DIRECTOR OF NATIONAL INTELLIGENCE.(Braswell, Marina) (Entered: 02/24/2017)
2017-02-2713ORDER. The parties shall MEET AND CONFER and file a Joint Status Report by MARCH 24, 2017. Signed by Judge Colleen Kollar-Kotelly on 2/27/2017. (lcckk3) (Entered: 02/27/2017)
2017-02-27Set/Reset Deadlines: Meet & Confer Statement due by 3/24/2017 and Joint Status Report due by 3/24/2017. (dot) (Entered: 02/28/2017)
2017-03-2414PROPOSED BRIEFING SCHEDULE re 13 Order by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF STATE, OFFICE OF DIRECTOR OF NATIONAL INTELLIGENCE. (Braswell, Marina) (Entered: 03/24/2017)
2017-03-2715SCHEDULING AND PROCEDURES ORDER. Signed by Judge Colleen Kollar-Kotelly on 3/27/2017. (lcckk3) (Entered: 03/27/2017)
2017-03-27Set/Reset Deadlines: Department of States' Status Report due by 5/5/2017. Defendants CIA, ODNI and NSA to file Summary Judgment motions by 5/5/2017. Response to Motion for Summary Judgment due by 6/2/2017. Reply to Motion for Summary Judgment due by 6/30/2017. Plaintiffs to file Cross Motions by 6/2/2017. Response to Cross Motions due by 6/30/2017. Reply to Cross Motions due by 7/21/2017. (dot) (Entered: 03/28/2017)
2017-05-0516STATUS REPORT by DEPARTMENT OF STATE. (Braswell, Marina) (Entered: 05/05/2017)
2017-05-0517MOTION for Summary Judgment by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, OFFICE OF DIRECTOR OF NATIONAL INTELLIGENCE (Attachments: # 1 Statement of Facts, # 2 (Table of Authorities), # 3 Declaration (Declaration of Mark Ewing), # 4 Declaration (Declaration of David J. Sherman), # 5 Declaration (Declaration of Antoinette B. Shiner), # 6 Text of Proposed Order)(Braswell, Marina) (Entered: 05/05/2017)
2017-05-08MINUTE ORDER. The Court is in receipt of Defendant Department of State's 16 Status Report. Defendant represents that it has completed its search for records responsive to Plaintiff's FOIA request and has found none. Defendant represents that it will provide a declaration describing its search to the Plaintiff by June 2, 2017, and that the parties will be in a position to state whether there are issues remaining in dispute with respect to Defendant Department of State following Plaintiff's review of that declaration. The parties are ORDERED to file a Joint Status Report by no later than JUNE 28, 2017, indicating whether further proceedings will be necessary with respect to Defendant Department of State, and, if so, the parties shall also propose a schedule for those proceedings. Signed by Judge Colleen Kollar-Kotelly on 5/8/2017. (lcckk3) (Entered: 05/08/2017)
2017-05-08Set/Reset Deadlines: Joint Status Report due by 6/28/2017. (dot) (Entered: 05/09/2017)
2017-05-2118NOTICE of Concession by JAMES MADISON PROJECT, SHANE HARRIS (Moss, Bradley) (Entered: 05/21/2017)
2017-05-2219ORDER GRANTING Defendants' 17 Motion for Summary Judgment. Signed by Judge Colleen Kollar-Kotelly on 5/22/2017. (lcckk3) (Entered: 05/22/2017)
2017-06-2820NOTICE of Voluntary Dismissal by All Plaintiffs (Zaid, Mark) (Entered: 06/28/2017)
2017-06-2921ORDER Dismissing Case. Signed by Judge Colleen Kollar-Kotelly on 6/29/2017. (lcckk3) (Entered: 06/29/2017)
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by FOIA Project Staff