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Case TitleASSASSINATION ARCHIVES AND RESEARCH CENTER, INC. v. CENTRAL INTELLIGENCE AGENCY
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2017cv00160
Date Filed2017-01-25
Date ClosedOpen
JudgeJudge Trevor N. McFadden
PlaintiffASSASSINATION ARCHIVES AND RESEARCH CENTER
Case DescriptionThe Assassination Archives and Research Center submitted a FOIA request to the CIA for records referencing assassination plots against Adolf Hitler. AARC indicated that the records related to the investigations of the Kennedy assassination and the Church Committee. The CIA responded that it found no records. AARC filed an administrative appeal, but after the agency failed to respond, AARC filed suit.
Complaint issues: Failure to respond within statutory time limit, Public Interest Fee Waiver, Litigation - Attorney's fees

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
Complaint attachment 8
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2017-01-251COMPLAINT FOR DECLARATORY JUDGMENT AND INJUNCTIVE RELIEF against CENTRAL INTELLIGENCE AGENCY ( Filing fee $ 400 receipt number 0090-4817724) filed by ASSASSINATION ARCHIVES AND RESEARCH CENTER, INC.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Civil Cover Sheet, # 8 Summons)(Alcorn, Daniel) (Entered: 01/25/2017)
2017-01-252ERRATA by ASSASSINATION ARCHIVES AND RESEARCH CENTER 1 Complaint, filed by ASSASSINATION ARCHIVES AND RESEARCH CENTER. (Attachments: # 1 Civil Cover Sheet, # 2 Summons CIA, # 3 Summons U.S. Attorney's Office, # 4 Summons Attorney General of U.S.)(Alcorn, Daniel) (Entered: 01/25/2017)
2017-01-263NOTICE of Appearance by James H. Lesar on behalf of All Plaintiffs (Lesar, James) (Entered: 01/26/2017)
2017-01-26Case Assigned to Judge Colleen Kollar-Kotelly. (zsb) (Entered: 01/26/2017)
2017-01-264SUMMONS (3) Issued Electronically as to CENTRAL INTELLIGENCE AGENCY, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Consent Form)(zsb) (Entered: 01/26/2017)
2017-01-265ORDER Establishing Procedures for Cases Assigned to Judge Colleen Kollar-Kotelly. Signed by Judge Colleen Kollar-Kotelly on January 26, 2017. (NS) (Entered: 01/26/2017)
2017-02-016CERTIFICATE OF SERVICE by ASSASSINATION ARCHIVES AND RESEARCH CENTER . (Alcorn, Daniel) (Entered: 02/01/2017)
2017-02-087NOTICE of Appearance by Damon William Taaffe on behalf of CENTRAL INTELLIGENCE AGENCY (Taaffe, Damon) (Entered: 02/08/2017)
2017-02-168MOTION for Summary Judgment Partial on Adequacy of Search by ASSASSINATION ARCHIVES AND RESEARCH CENTER (Attachments: # 1 Statement of Facts Local Rule 7(h) Statement of Facts, # 2 Text of Proposed Order, # 3 Exhibit 1 - Church Committee Report, # 4 Exhibit 2 - CIA IG Report, # 5 Exhibit 3 - Gerald Ford Foreward)(Alcorn, Daniel) (Entered: 02/16/2017)
2017-02-17MINUTE ORDER: The Court is in receipt of Plaintiff's 8 Motion For Partial Summary Judgment to Require CIA to Perform an Adequate Search. The parties shall abide by the following briefing schedule. Defendant shall files its opposition on or before MARCH 6, 2017. Plaintiff shall files its reply, if any, on or before MARCH 14, 2017. Defendant's obligation to file an answer or otherwise respond to the Complaint shall be STAYED until the resolution of the Motion. Signed by Judge Colleen Kollar-Kotelly on 2/17/2017. (lcckk1) (Entered: 02/17/2017)
2017-02-17Set/Reset Deadlines: Defendant shall file its opposition on or before 3/6/2017; Plaintiff shall files its reply, if any, on or before 3/14/2017. (kt) (Entered: 02/17/2017)
2017-02-289Consent MOTION for Extension of Time to File Response/Reply as to 8 MOTION for Summary Judgment Partial on Adequacy of Search by CENTRAL INTELLIGENCE AGENCY (Taaffe, Damon) (Entered: 02/28/2017)
2017-03-02MINUTE ORDER: The Court is in receipt of Defendant's 9 Consent Motion for Extension of Time, which requests a modification of the briefing schedule previously set by the Court in respect of Plaintiff's 8 Motion for Partial Summary Judgment. See Minute Order dated February 17, 2017. For good cause shown, Defendant's 9 Motion is GRANTED. Defendant shall files its Opposition no later than APRIL 5, 2017. Plaintiff shall files its Reply, if any, no later than APRIL 18, 2017. Signed by Judge Colleen Kollar-Kotelly on 3/2/2017. (lcckk1) (Entered: 03/02/2017)
2017-03-03Set/Reset Deadlines: Defendant shall files its Opposition no later than 4/5/2017; Plaintiff shall files its Reply, if any, no later than 4/18/2017. (kt) (Entered: 03/03/2017)
2017-04-0510MOTION to Stay re 8 MOTION for Summary Judgment Partial on Adequacy of Search by CENTRAL INTELLIGENCE AGENCY (Attachments: # 1 Memorandum in Support, # 2 Declaration Shiner Declaration)(Taaffe, Damon) (Entered: 04/05/2017)
2017-04-0511Memorandum in opposition to re 8 MOTION for Summary Judgment Partial on Adequacy of Search filed by CENTRAL INTELLIGENCE AGENCY. (Attachments: # 1 Declaration Shiner Declaration, # 2 Statement of Facts)(Taaffe, Damon) (Entered: 04/05/2017)
2017-04-1012REPLY to opposition to motion re 8 MOTION for Summary Judgment Partial on Adequacy of Search filed by ASSASSINATION ARCHIVES AND RESEARCH CENTER. (Attachments: # 1 Exhibit 1 - E-mail exchange)(Alcorn, Daniel) (Entered: 04/10/2017)
2017-04-1013Memorandum in opposition to re 10 MOTION to Stay re 8 MOTION for Summary Judgment Partial on Adequacy of Search filed by ASSASSINATION ARCHIVES AND RESEARCH CENTER. (Attachments: # 1 Exhibit 1 - E-mail exchange)(Alcorn, Daniel) (Entered: 04/10/2017)
2017-04-12MINUTE ORDER: Plaintiff filed this Freedom of Information Act ("FOIA") case on January 25, 2017, and subsequently moved for partial summary judgment on February 16, 2017, see ECF No. 8, requesting that the Court order Defendant Central Intelligence Agency ("CIA") to conduct an adequate search in response to Plaintiff's FOIA request, id. at 11. According to the Complaint, CIA informed Plaintiff by letter dated April 29, 2016 that its search had not located any records responsive to Plaintiff's request. Compl. para. 18, Ex. 6. In its opposition memorandum and an attached declaration, however, Defendant represents that it is continuing to conduct a search for responsive records in response to Plaintiff's request, and that it anticipates completing that search and processing any responsive records within 4 months. Decl. of Antoinette B. Shiner, ECF No. 10-2 paras. 7, 10. In light of this representation, the Court DENIES WITHOUT PREJUDICE Plaintiff's 8 Motion for Partial Summary Judgment. Defendant shall file a Status Report no later than AUGUST 14, 2017, updating the Court regarding the status of its search and production of responsive materials to Plaintiff, if any. Defendant shall include a declaration detailing the manner in which the search was conducted. In addition, by AUGUST 28, 2017, the parties shall file a Joint Status Report proposing a dispositive briefing schedule in this matter, or otherwise indicating how the parties intend to proceed. Signed by Judge Colleen Kollar-Kotelly on 4/12/2017. (lcckk1) (Entered: 04/12/2017)
2017-04-13Set/Reset Deadlines: Defendant shall file a Status Report no later than 8/14/2017; By 8/28/2017, the parties shall file a Joint Status Report. (kt) (Entered: 04/13/2017)
2017-08-11MINUTE ORDER: Defendant's 10 Motion to Stay Consideration of Plaintiff's Motion for Partial Summary Judgment is DENIED AS MOOT. Plaintiff's 8 Motion for Partial Summary Judgment was denied without prejudice by minute order dated April 12, 2017. Signed by Judge Colleen Kollar-Kotelly on 8/11/2017. (lcckk1) (Entered: 08/11/2017)
2017-08-1414STATUS REPORT by CENTRAL INTELLIGENCE AGENCY. (Taaffe, Damon) (Entered: 08/14/2017)
2017-08-1515ERRATA by CENTRAL INTELLIGENCE AGENCY 14 Status Report filed by CENTRAL INTELLIGENCE AGENCY. (Taaffe, Damon) (Entered: 08/15/2017)
2017-08-2816Joint STATUS REPORT by CENTRAL INTELLIGENCE AGENCY. (Taaffe, Damon) (Entered: 08/28/2017)
2017-08-2817Joint MOTION for Scheduling Order by CENTRAL INTELLIGENCE AGENCY (Taaffe, Damon) (Entered: 08/28/2017)
2017-09-0518SCHEDULING AND PROCEDURES ORDER. Signed by Judge Colleen Kollar-Kotelly on 9/5/2017. (lcckk1) (Entered: 09/05/2017)
2017-09-05Set/Reset Deadlines: Defendant's Summary Judgment motion due by 10/13/2017. Response to Motion for Summary Judgment due by 11/13/2017. Reply to Motion for Summary Judgment due by 12/11/2017. Vaughn Index due by 10/13/2017. Plaintiff's Cross Motion due by 11/13/2017. Response to Cross Motion due by 12/11/2017. Reply to Cross Motion due by 1/5/2018. (dot) (Entered: 09/07/2017)
2017-10-1319MOTION for Summary Judgment by CENTRAL INTELLIGENCE AGENCY (Attachments: # 1 Statement of Facts, # 2 2d Supp. Shiner Declaration, # 3 Memorandum in Support, # 4 Vaughn index)(Taaffe, Damon) (Attachment 2 replaced on 10/16/2017 - originally attached upside down) (znmw). (Entered: 10/13/2017)
2017-11-02Case directly reassigned to Judge Trevor N. McFadden. Judge Colleen Kollar-Kotelly is no longer assigned to the case. (ztnr) (Entered: 11/02/2017)
2017-11-1320Memorandum in opposition to re 19 MOTION for Summary Judgment filed by ASSASSINATION ARCHIVES AND RESEARCH CENTER. (Attachments: # 1 Statement of Facts In Oppostion to CIA's Motion for Summary Judgment, # 2 Text of Proposed Order, # 3 Exhibit Exhibit 1- Aug. 18, 2017 release to plaintiff, # 4 Exhibit Exhibit 2 Kelly declaration)(Alcorn, Daniel) (Entered: 11/13/2017)
2017-11-1321Cross MOTION for Summary Judgment by ASSASSINATION ARCHIVES AND RESEARCH CENTER (Attachments: # 1 Statement of Facts in Support of AARC's Cross-motion for Summary Judgment, # 2 Text of Proposed Order, # 3 Exhibit Exhibit 1- Aug. 18, 2017 release to plaintiff, # 4 Exhibit Exhibit 2 - Kelly declaration)(Alcorn, Daniel) (Entered: 11/13/2017)
2017-11-15MINUTE ORDER: In light of the recent assignment of this case to Judge McFadden, the parties are advised that the pre-existing schedule for this case remains in effect. The parties shall comply with all deadlines as previously ordered. SO ORDERED. Signed by Judge Trevor N. McFadden on November 15, 2017. (lctnm2) (Entered: 11/15/2017)
2017-12-0522Consent MOTION for Extension of Time to File Response/Reply as to 19 MOTION for Summary Judgment , 21 Cross MOTION for Summary Judgment by CENTRAL INTELLIGENCE AGENCY (Taaffe, Damon) (Entered: 12/05/2017)
2017-12-06MINUTE ORDER granting Defendant's 22 Consent Motion for Extension of Time, for good cause shown. Defendant shall now file its reply in support of its motion for summary judgment and opposition to plaintiff's cross-motion by December 20, 2017, and Plaintiff shall file its reply by January 12, 2018. SO ORDERED. Signed by Judge Trevor N. McFadden on 12/6/2017. (lctnm2) (Entered: 12/06/2017)
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by FOIA Project Staff