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Case TitleSTEIN v. CENTRAL INTELLIGENCE AGENCY et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2017cv00189
Date Filed2017-01-31
Date ClosedOpen
JudgeJudge Tanya S. Chutkan
PlaintiffJEFFREY STEIN
Case DescriptionJournalist Jeffrey Stein submitted FOIA requests to the CIA and a number of other agencies for records concerning discussions to provide 15 individuals associated with the Trump campaign and presidency with access to classified information. Stein also requested expedited processing. The CIA issued a Glomar response, neither confirming nor denying access. The other agencies failed to respond to the expedited processing requests or the substance of the request. Stein then filed suit.
Complaint issues: Failure to respond within statutory time limit, Expedited processing, Litigation - Attorney's fees

DefendantCENTRAL INTELLIGENCE AGENCY
DefendantDEPARTMENT OF COMMERCE
DefendantDEPARTMENT OF EDUCATION
DefendantPATRICK M. SHANAHAN
DefendantDEPARTMENT OF JUSTICE
DefendantDEPARTMENT OF STATE
DefendantOFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE
DefendantOFFICE OF PERSONNEL MANAGEMENT
DefendantDEPARTMENT OF DEFENSE
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Opinion/Order [45]
FOIA Project Annotation: Judge Tanya Chutkan has ruled that the agencies that received journalist Jeffrey Stein's series of requests for records about security concerns surrounding security briefings given to Donald Trump while he was a candidate and another series of requests about background investigations for 15 potential Trump administration appointees properly responded to Stein's requests although she concluded that records about the existence of background investigations did not qualify for protection under Exemption 6 (invasion of privacy). Three agencies " the CIA, the FBI, and the Office of the National Director of Intelligence " produced some records in response to Stein's security concerns requests. The same three agencies also provided some records in response to Stein's requests for records on 15 potential appointees. Grouping her analysis by agency, Chutkan found that the CIA had provided a sufficient explanation of its search and appropriately described those records it withheld in response to Stein's investigation requests. But she agreed with Stein that disclosure of the names of those investigated were not protected by Exemption 6. Although she found little public interest in disclosure of names, she indicated that "revealing the identities of public officials receiving security clearance investigations, unlike the identities of subjects of criminal investigations, would not 'subject those identified to embarrassment and potentially more serious reputational harm.'" Although Stein argued that the FBI had interpreted his requests too narrowly, Chutkan found the agency disagreed. Instead, she noted that the plain meaning of 'copies of all records, including emails, about any steps taken to investigate or authorize (or discussions about potentially investigating or authorizing [an individual] for access to classified information' reasonably encompasses information about the FBI's investigatory process. It does not extend to the data or results of the investigations. If Stein intended for his request to cover such information, he should have made a specific request; FBI's interpretation was not unreasonably merely because the agency declined to look beyond the text and construe the requests as broadly as Stein would like." However, she rejected the agency's claim that it had no records of investigation reports for either Ivanka Trump or Michael Flynn. Stein had provided two media reports indicating that investigations of Trump and Flynn had been conducted. Siding with Stein, Chutkan indicated that "Stein's argument is considerably more credible than a 'purely speculative claim about the existence of records and discoverability of other documents.' He casts enough doubt on the presumption of good faith accorded to the FBI's declaration to preclude summary judgment for the FBI as to these two requests, and the court will therefore direct FBI to submit an additional declaration explaining its search methodology for the two requests." Chutkan noted that OMB had properly interpreted the scope of Stein's investigation requests but found that identifying information was not protected by either Exemption 6 or Exemption 7(C) (invasion of privacy concerning law enforcement records). Although she indicated that the balance of interests favored OPM's decision to withhold the records, she ordered OPM to "submit a supplemental declaration to more fully explain why the requested information is exempt under Exemption 6 and/or Exemption 7(C)." Chutkan found that ODNI had properly invoked Exemption 6 to withhold identifying information because Stein had failed to articulate a public interest in disclosure. She pointed out that "here, the public has no overriding interest in disclosure with respect to ODNI. Because ODNI was not involved in conducting background investigations, it took no investigative 'steps' that the records could reveal."
Issues: Exemption 6 - Invasion of privacy, Exemption 7(C) - Invasion of privacy concerning law enforcement records
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2017-01-311COMPLAINT against All Defendants ( Filing fee $ 400 receipt number 0090-4824839) filed by JEFFREY STEIN. (Attachments: # 1 Civil Cover Sheet, # 2 Summons (10))(McClanahan, Kelly) (Entered: 01/31/2017)
2017-01-312NOTICE OF RELATED CASE by JEFFREY STEIN. Case related to Case No. 17-72. (McClanahan, Kelly) (Entered: 01/31/2017)
2017-01-31Case Assigned to Judge Christopher R. Cooper. (zsb) (Entered: 01/31/2017)
2017-01-313SUMMONS (10) Issued Electronically as to CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF COMMERCE, DEPARTMENT OF DEFENSE, DEPARTMENT OF EDUCATION, DEPARTMENT OF JUSTICE, DEPARTMENT OF STATE, OFFICE OF PERSONNEL MANAGEMENT, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Consent Form)(zsb) (Entered: 01/31/2017)
2017-02-014Case randomly reassigned to Judge Tanya S. Chutkan. Judge Christopher R. Cooper is no longer assigned to the case as it is not a related case. (ztnr) (Entered: 02/01/2017)
2017-02-095RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. CENTRAL INTELLIGENCE AGENCY served on 2/7/2017; DEPARTMENT OF COMMERCE served on 2/7/2017; DEPARTMENT OF DEFENSE served on 2/6/2017; DEPARTMENT OF EDUCATION served on 2/6/2017; DEPARTMENT OF JUSTICE served on 2/7/2017; DEPARTMENT OF STATE served on 2/7/2017; OFFICE OF PERSONNEL MANAGEMENT served on 2/6/2017; OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE served on 2/7/2017, RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 2/7/2017. ( Answer due for ALL FEDERAL DEFENDANTS by 3/9/2017.), RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 2/7/17. (Attachments: # 1 Exhibit)(McClanahan, Kelly) (Entered: 02/09/2017)
2017-02-276AMENDED COMPLAINT against All Defendants filed by JEFFREY STEIN.(McClanahan, Kelly) (Entered: 02/28/2017)
2017-03-027NOTICE of Appearance by Eva Lucia Bitran on behalf of All Defendants (Bitran, Eva) (Entered: 03/02/2017)
2017-03-148ANSWER to 6 Amended Complaint by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF COMMERCE, DEPARTMENT OF DEFENSE, DEPARTMENT OF EDUCATION, DEPARTMENT OF JUSTICE, DEPARTMENT OF STATE, OFFICE OF PERSONNEL MANAGEMENT, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE. Related document: 6 Amended Complaint filed by JEFFREY STEIN.(Bitran, Eva) (Entered: 03/14/2017)
2017-04-28MINUTE 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 proposed order not later than 5/18/17. Signed by Judge Tanya S. Chutkan on 4/28/17. (DJS) (Entered: 04/28/2017)
2017-05-02Set/Reset Deadlines: Joint Status Report due by 5/18/2017. (tb) (Entered: 05/02/2017)
2017-05-189Joint STATUS REPORT by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF COMMERCE, DEPARTMENT OF DEFENSE, DEPARTMENT OF EDUCATION, DEPARTMENT OF JUSTICE, DEPARTMENT OF STATE, OFFICE OF PERSONNEL MANAGEMENT, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE. (Bitran, Eva) (Entered: 05/18/2017)
2017-06-0510Joint STATUS REPORT by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF COMMERCE, DEPARTMENT OF DEFENSE, DEPARTMENT OF EDUCATION, DEPARTMENT OF JUSTICE, DEPARTMENT OF STATE, OFFICE OF PERSONNEL MANAGEMENT, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE. (Bitran, Eva) (Entered: 06/05/2017)
2017-06-09MINUTE ORDER: The parties shall file a Joint Status Report and proposed order by 6/23/17. A Status Conference is hereby set for 6/26/17 at 10:30 a.m. in Courtroom 2. Signed by Judge Tanya S. Chutkan on 6/9/17. (DJS) (Entered: 06/09/2017)
2017-06-13Set/Reset Deadlines/Hearings: Joint Status Report due by 6/23/2017. Status Conference set for 6/26/2017 at 10:30 AM in Courtroom 2 before Judge Tanya S. Chutkan. (tb) (Entered: 06/13/2017)
2017-06-2311Joint STATUS REPORT by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF COMMERCE, DEPARTMENT OF DEFENSE, DEPARTMENT OF EDUCATION, DEPARTMENT OF JUSTICE, DEPARTMENT OF STATE, OFFICE OF PERSONNEL MANAGEMENT, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE. (Bitran, Eva) (Entered: 06/23/2017)
2017-06-26MINUTE ORDER: For the reasons stated in court at the hearing held on 6/26/2017, Defendant CIA is ORDERED to complete its search for responsive records by 7/31/2017 and FURTHER ORDERED to begin producing documents to Plaintiff on 8/10/2017 and the 10th of every month thereafter. As indicated in court, the parties need not submit regular status reports, but instead should only notify the court if any issues with production arise. The parties shall also make every effort to confer and jointly submit any future proposals regarding production deadlines or briefing schedules. Signed by Judge Tanya S. Chutkan on 6/26/2017. (lctsc2) (Entered: 06/26/2017)
2017-06-26Minute Entry: Status Conference held on 6/26/2017 before Judge Tanya S. Chutkan: See Minute Order previously entered. (Court Reporter Pat Kaneshiro-Miller) (tb) (Entered: 06/26/2017)
2017-08-2412NOTICE OF SUBSTITUTION OF COUNSEL by Lynn Yuhee Lee on behalf of All Defendants Substituting for attorney Eva Bitran (Lee, Lynn) (Entered: 08/24/2017)
2017-09-08MINUTE ORDER: The parties shall file a joint status report on 9/22/17 and every 90 days thereafter. To the extent the status report contains a proposed briefing schedule, the parties shall also submit a proposed order. Signed by Judge Tanya S. Chutkan on 9/8/17. (DJS) (Entered: 09/08/2017)
2017-09-08Set/Reset Deadlines: Joint Status Report due by 9/22/2017. (tb) (Entered: 09/08/2017)
2017-09-1313Consent MOTION for Extension of Time to File Status Report by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF COMMERCE, DEPARTMENT OF DEFENSE, DEPARTMENT OF EDUCATION, DEPARTMENT OF JUSTICE, DEPARTMENT OF STATE, OFFICE OF PERSONNEL MANAGEMENT, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE (Attachments: # 1 Text of Proposed Order)(Lee, Lynn) (Entered: 09/13/2017)
2017-09-19MINUTE ORDER: Granting 13 Consent Motion for Extension of Time to File Status Report. Joint status report due October 6, 2017, and every 90 days thereafter. Signed by Judge Tanya S. Chutkan on 9/19/17. (DJS) (Entered: 09/19/2017)
2017-09-20Set/Reset Deadlines: Joint Status Report due by 10/6/2017. (tb) (Entered: 09/20/2017)
2017-10-0614Joint STATUS REPORT by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF COMMERCE, DEPARTMENT OF DEFENSE, DEPARTMENT OF EDUCATION, DEPARTMENT OF JUSTICE, DEPARTMENT OF STATE, OFFICE OF PERSONNEL MANAGEMENT, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE. (Lee, Lynn) (Entered: 10/06/2017)
2018-01-0415Joint MOTION for Extension of Time to File Status Report by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF COMMERCE, DEPARTMENT OF DEFENSE, DEPARTMENT OF EDUCATION, DEPARTMENT OF JUSTICE, DEPARTMENT OF STATE, OFFICE OF PERSONNEL MANAGEMENT, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE (Attachments: # 1 Text of Proposed Order)(Lee, Lynn) (Entered: 01/04/2018)
2018-01-05MINUTE ORDER: Granting 15 Joint Motion for Extension of Time to File Status Report. Next status report due January 12, 2018, and every 90 days thereafter. A proposed order shall accompany the report contains a proposed briefing schedule. Signed by Judge Tanya S. Chutkan on 1/5/18. (DJS) (Entered: 01/05/2018)
2018-01-1216Joint STATUS REPORT by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF COMMERCE, DEPARTMENT OF DEFENSE, DEPARTMENT OF EDUCATION, DEPARTMENT OF JUSTICE, DEPARTMENT OF STATE, OFFICE OF PERSONNEL MANAGEMENT, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE. (Lee, Lynn) (Entered: 01/12/2018)
2018-01-31MINUTE ORDER: A Status Conference is hereby set for 10:30 am on 2/14/18 in Courtroom 9. Signed by Judge Tanya S. Chutkan on 1/31/18. (DJS) (Entered: 01/31/2018)
2018-02-13Set/Reset Hearings: Status Conference set for 2/14/2018 at 10:30 AM in Courtroom 9 before Judge Tanya S. Chutkan. (tb) (Entered: 02/13/2018)
2018-02-14Minute Entry for proceedings held before Judge Tanya S. Chutkan: Status Conference held on 2/14/2018. Joint Status Report due by 3/30/2018. (Court Reporter: Bryan Wayne) (gdf) (Entered: 02/14/2018)
2018-03-3017Joint STATUS REPORT by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF COMMERCE, DEPARTMENT OF DEFENSE, DEPARTMENT OF EDUCATION, DEPARTMENT OF JUSTICE, DEPARTMENT OF STATE, OFFICE OF PERSONNEL MANAGEMENT, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE. (Lee, Lynn) (Entered: 03/30/2018)
2018-04-04MINUTE ORDER : The parties shall file a Joint Status Report and proposed order by April 13, 2018. Signed by Judge Tanya S. Chutkan on 4/4/18. (DJS) (Entered: 04/04/2018)
2018-04-04Set/Reset Deadlines: Joint Status Report and proposed order due by 4/13/2018. (jl) (Entered: 04/04/2018)
2018-04-1318Joint STATUS REPORT and Proposed Schedule by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF COMMERCE, DEPARTMENT OF DEFENSE, DEPARTMENT OF EDUCATION, DEPARTMENT OF JUSTICE, DEPARTMENT OF STATE, OFFICE OF PERSONNEL MANAGEMENT, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE. (Attachments: # 1 Text of Proposed Order)(Lee, Lynn) (Entered: 04/13/2018)
2018-04-20MINUTE ORDER: Having considered the parties' joint status report 18 , it is hereby ordered that the parties shall adhere to the following briefing schedule: Defendants will file their summary judgment motion by July 17, 2018; Plaintiff will file his opposition and/or combined cross-motion for summary judgment by August 17, 2018; Defendants will file their reply and/or combined opposition to Plaintiff's cross-motion by September 10, 2018; Plaintiff will file his reply, if any, by September 28, 2018. Signed by Judge Tanya S. Chutkan on 4/20/18.(DJS) (Entered: 04/20/2018)
2018-04-23Set/Reset Deadlines: Summary Judgment motion due by 7/17/2018. Response and Cross Motion due by 8/17/2018. Reply and Response to Cross Motion due by 9/10/2018. Reply to Cross Motion due by 9/28/2018. (tb) (Entered: 04/23/2018)
2018-06-2919NOTICE OF SUBSTITUTION OF COUNSEL by Michael Hendry Baer on behalf of All Defendants Substituting for attorney Lynn Y. Lee (Baer, Michael) (Entered: 06/29/2018)
2018-07-1120Consent MOTION for Extension of Time to File Motion for Summary Judgment by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF COMMERCE, DEPARTMENT OF DEFENSE, DEPARTMENT OF EDUCATION, DEPARTMENT OF JUSTICE, DEPARTMENT OF STATE, OFFICE OF PERSONNEL MANAGEMENT, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE (Attachments: # 1 Text of Proposed Order)(Baer, Michael) (Entered: 07/11/2018)
2018-07-18MINUTE ORDER: Granting 20 Consent Motion for Extension of Deadlines. Defendants' summary judgment motion due August 7, 2018. Plaintiff's opposition and/or combined cross-motion for summary judgment due September 7, 2018. Defendants' reply and/or combined opposition due October 1, 2018. Plaintiff's reply, if any, due October 19, 2018. Signed by Judge Tanya S. Chutkan on 7/18/18. (DJS) (Entered: 07/18/2018)
2018-07-19Set/Reset Deadlines: Cross Motion due by 9/7/2018. Response to Cross Motion due by 10/1/2018. Reply to Cross Motion due by 10/19/2018. Summary Judgment motion due by 8/7/2018. Response to Motion for Summary Judgment due by 9/7/2018. Reply to Motion for Summary Judgment due by 10/1/2018. (tb) (Entered: 07/19/2018)
2018-08-0321Unopposed MOTION for Extension of Time to File Motion for Summary Judgment by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF COMMERCE, DEPARTMENT OF DEFENSE, DEPARTMENT OF EDUCATION, DEPARTMENT OF JUSTICE, DEPARTMENT OF STATE, OFFICE OF PERSONNEL MANAGEMENT, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE (Attachments: # 1 Text of Proposed Order)(Baer, Michael) (Entered: 08/03/2018)
2018-08-13MINUTE ORDER: GRANTING Unopposed Motion 21 to Extend Deadlines. Defendants to file their summary judgment motion by August 24, 2018; Plaintiff to file his opposition and/or combined cross-motion for summary judgment by September 28, 2018; Defendants to file their reply and/or combined opposition to Plaintiff's cross-motion by October 18, 2018; Plaintiff to file his reply, if any, by November 5, 2018. Signed by Judge Tanya S. Chutkan on 8/13/18. (DJS) (Entered: 08/13/2018)
2018-08-14Set/Reset Deadlines: Cross Motion due by 9/28/2018. Response to Cross Motion due by 10/18/2018. Reply to Cross Motion due by 11/5/2018. Summary Judgment motion due by 8/24/2018. Response to Motion for Summary Judgment due by 9/28/2018. Reply to Motion for Summary Judgment due by 10/18/2018. (tb) (Entered: 08/14/2018)
2018-08-2422MOTION for Summary Judgment by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF COMMERCE, DEPARTMENT OF DEFENSE, DEPARTMENT OF EDUCATION, DEPARTMENT OF JUSTICE, DEPARTMENT OF STATE, OFFICE OF PERSONNEL MANAGEMENT, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE (Attachments: # 1 Memorandum in Support, # 2 Exhibit Index, # 3 Exhibit 1, # 4 Exhibit 2, # 5 Exhibit 3, # 6 Exhibit 4, # 7 Exhibit 5, # 8 Exhibit 6, # 9 Exhibit 7, # 10 Exhibit 8, # 11 Exhibit 9, # 12 Exhibit 10, # 13 Statement of Facts, # 14 Text of Proposed Order)(Baer, Michael) (Entered: 08/25/2018)
2018-09-2823Unopposed MOTION for Extension of Time to File Response/Reply as to 22 MOTION for Summary Judgment by JEFFREY STEIN (Attachments: # 1 Text of Proposed Order)(McClanahan, Kelly) (Entered: 09/28/2018)
2018-10-06MINUTE ORDER: Denying without prejudice 23 Plaintiff's Motion for Extension of Time to File Response/Reply. Plaintiff shall file a proposed order that includes the dates for all proposed extended deadlines. Signed by Judge Tanya S. Chutkan on 10/6/18.(DJS) (Entered: 10/06/2018)
2018-10-1624Unopposed MOTION for Extension of Time to File Response/Reply as to 22 MOTION for Summary Judgment (Nunc Pro Tunc) by JEFFREY STEIN (Attachments: # 1 Text of Proposed Order)(McClanahan, Kelly) (Entered: 10/16/2018)
2018-10-1625NOTICE of Change of Address by Michael Hendry Baer (Baer, Michael) (Entered: 10/16/2018)
2018-10-1626NOTICE OF FILING OF EXHIBITS IN TEXT-SEARCHABLE FORM by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF COMMERCE, DEPARTMENT OF DEFENSE, DEPARTMENT OF EDUCATION, DEPARTMENT OF JUSTICE, DEPARTMENT OF STATE, OFFICE OF PERSONNEL MANAGEMENT, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE re 22 MOTION for Summary Judgment (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10)(Baer, Michael) (Entered: 10/16/2018)
2018-10-19MINUTE ORDER: Granting 24 Unopposed Motion for Extension of Deadlines. Plaintiff's Consolidated Brief shall be filed no later than October 23, 2018. Defendant' Consolidated Reply shall be filed no later than November 30, 2018. Plaintiff's Reply shall be filed no later than December 21, 2018. Signed by Judge Tanya S. Chutkan on 10/19/18. (DJS) (Entered: 10/19/2018)
2018-10-22Set/Reset Deadlines: Brief due by 10/23/2018. Response due by 11/30/2018. Reply due by 12/21/2018. (tb) (Entered: 10/22/2018)
2018-10-2327Unopposed MOTION for Extension of Time to File Response/Reply as to 22 MOTION for Summary Judgment by JEFFREY STEIN (Attachments: # 1 Text of Proposed Order)(McClanahan, Kelly) (Entered: 10/23/2018)
2018-10-24MINUTE ORDER: Granting 27 Unopposed Motion for Extension of Time to File Response/Reply. Plaintiff's Consolidated Brief due October 30, 2018. Defendants' Consolidated Reply due December 7, 2018. Plaintiff's Reply due January 4, 2019. Signed by Judge Tanya S. Chutkan on 10/24/18. (DJS) (Entered: 10/24/2018)
2018-10-25Set/Reset Deadlines: Brief due by 10/30/2018. Response due by 12/7/2018 Reply due by 1/4/2019. (tb) (Entered: 10/25/2018)
2018-10-3128Memorandum in opposition to re 22 MOTION for Summary Judgment filed by JEFFREY STEIN. (Attachments: # 1 Exhibit A - MRU letter, # 2 Text of Proposed Order)(McClanahan, Kelly) (Entered: 10/31/2018)
2018-10-3129MOTION for Partial Summary Judgment by JEFFREY STEIN (Attachments: # 1 Exhibit A - MRU letter, # 2 Text of Proposed Order)(McClanahan, Kelly) (Entered: 10/31/2018)
2018-11-0330Unopposed MOTION for Extension of Time to File Response/Reply as to 22 MOTION for Summary Judgment (Nunc Pro Tunc) by JEFFREY STEIN (Attachments: # 1 Text of Proposed Order)(McClanahan, Kelly) (Entered: 11/03/2018)
2018-11-0431MOTION to Strike 26 Notice (Other),, 22 MOTION for Summary Judgment (in part) by JEFFREY STEIN (Attachments: # 1 Exhibit A - DMDC response, # 2 Text of Proposed Order)(McClanahan, Kelly) (Entered: 11/04/2018)
2018-11-0432ERRATA by JEFFREY STEIN 31 MOTION to Strike 26 Notice (Other),, 22 MOTION for Summary Judgment (in part) filed by JEFFREY STEIN. (Attachments: # 1 Exhibit - Corrected motion)(McClanahan, Kelly) (Entered: 11/04/2018)
2018-11-19MINUTE ORDER: Granting 30 Plaintiff's Motion for Extension of Time to File Response/Reply Nunc Pro Tunc. Signed by Judge Tanya S. Chutkan on 11/19/18. (DJS) (Entered: 11/19/2018)
2018-11-1933Memorandum in opposition to re 31 MOTION to Strike 26 Notice (Other),, 22 MOTION for Summary Judgment (in part) filed by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF COMMERCE, DEPARTMENT OF DEFENSE, DEPARTMENT OF EDUCATION, DEPARTMENT OF JUSTICE, DEPARTMENT OF STATE, OFFICE OF PERSONNEL MANAGEMENT, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE. (Baer, Michael) (Entered: 11/19/2018)
2018-11-2334Unopposed MOTION for Extension of Time to File Response/Reply as to 31 MOTION to Strike 26 Notice (Other),, 22 MOTION for Summary Judgment (in part) by JEFFREY STEIN (Attachments: # 1 Text of Proposed Order)(McClanahan, Kelly) (Entered: 11/23/2018)
2018-11-25MINUTE ORDER: Granting 34 Unopposed Motion for Extension of Time to File Response/Reply. Plaintiff's Reply due 11/28/18. Signed by Judge Tanya S. Chutkan on 11/25/18. (DJS) (Entered: 11/25/2018)
2018-11-26Set/Reset Deadlines: Reply due by 11/28/2018. (tb) (Entered: 11/26/2018)
2018-11-2835REPLY to opposition to motion re 31 MOTION to Strike 26 Notice (Other),, 22 MOTION for Summary Judgment (in part) filed by JEFFREY STEIN. (McClanahan, Kelly) (Entered: 11/29/2018)
2018-11-2936MOTION to Stay re 22 MOTION for Summary Judgment , 29 MOTION for Partial Summary Judgment by JEFFREY STEIN (Attachments: # 1 Text of Proposed Order)(McClanahan, Kelly) (Entered: 11/29/2018)
2018-12-0437Unopposed MOTION for Extension of Time to File Defendants' Opposition and Reply Brief by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF COMMERCE, DEPARTMENT OF DEFENSE, DEPARTMENT OF EDUCATION, DEPARTMENT OF JUSTICE, DEPARTMENT OF STATE, OFFICE OF PERSONNEL MANAGEMENT, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE (Attachments: # 1 Text of Proposed Order)(Baer, Michael) (Entered: 12/04/2018)
2018-12-06MINUTE ORDER: Plaintiff's November 4, 2018 motion 31 to strike is DENIED. To the extent that Defendants' declarations contain legal arguments, the court will reach its own legal conclusions and regard the statements in the declarations as explanations of the declarant's understanding of the issues of the case. See Ctr. for Auto Safety v. Nat'l Highway Traffic Safety Admin. , 93 F. Supp. 2d 1, 12 (D.D.C. 2000) (denying motion to strike declarations on the basis that they contain legal arguments and conclusions because "any [s]tatements of ultimate fact and conclusions of law will be regarded simply as declarations of each affiant's understanding of the veracity of [the opposing party's] allegations, to the best of [the affiant's] knowledge"). Consequently, because the sole basis for Plaintiff's November 29, 2018 motion 36 to stay briefing is the pendency of his motion to strike, the motion to stay is also DENIED. Lastly, Defendants' December 4, 2018 unopposed motion 37 for an extension of time to file their opposition and reply brief is GRANTED. Defendants shall file their combined brief in opposition to Plaintiff's motion for summary and reply in support of Defendants' motion for summary judgment by December 21, 2018; and Plaintiff shall file his reply brief by February 1, 2019. Signed by Judge Tanya S. Chutkan on 12/6/2018. (lctsc1) (Entered: 12/06/2018)
2018-12-07Set/Reset Deadlines: Response to Cross Motion due by 12/21/2018. Reply to Cross Motion due by 2/1/2019. Reply to Motion for Summary Judgment due by 12/21/2018. (tb) (Entered: 12/07/2018)
2018-12-2138Memorandum in opposition to re 29 MOTION for Partial Summary Judgment filed by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF COMMERCE, DEPARTMENT OF DEFENSE, DEPARTMENT OF EDUCATION, DEPARTMENT OF JUSTICE, DEPARTMENT OF STATE, OFFICE OF PERSONNEL MANAGEMENT, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE. (Attachments: # 1 Exhibit 1 - Suppl. Shiner Decl., # 2 Exhibit 2 - Suppl. Herrington Decl., # 3 Exhibit 3 - Suppl. Ford Decl., # 4 Exhibit 4- Suppl. Watters Decl., # 5 Exhibit 5 - Second OPM Vaughn, # 6 Statement of Facts (Response to Pl.'s Statement))(Baer, Michael) (Entered: 12/21/2018)
2018-12-2139REPLY to opposition to motion re 22 MOTION for Summary Judgment filed by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF COMMERCE, DEPARTMENT OF DEFENSE, DEPARTMENT OF EDUCATION, DEPARTMENT OF JUSTICE, DEPARTMENT OF STATE, OFFICE OF PERSONNEL MANAGEMENT, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE. (Attachments: # 1 Exhibit 1 - Suppl. Shiner Decl., # 2 Exhibit 2 - Suppl. Herrington Decl., # 3 Exhibit 3 - Suppl. Ford Decl., # 4 Exhibit 4- Suppl. Watters Decl., # 5 Exhibit 5 - Second OPM Vaughn)(Baer, Michael) (Entered: 12/21/2018)
2019-01-3140Unopposed MOTION for Extension of Time to File Response/Reply as to 29 MOTION for Partial Summary Judgment by JEFFREY STEIN (Attachments: # 1 Text of Proposed Order)(McClanahan, Kelly) (Entered: 01/31/2019)
2019-01-3141Unopposed MOTION for Leave to File Sur-Reply by JEFFREY STEIN (Attachments: # 1 Text of Proposed Order)(McClanahan, Kelly) (Entered: 01/31/2019)
2019-02-0542Unopposed MOTION for Extension of Time to File Response/Reply as to 22 MOTION for Summary Judgment , 29 MOTION for Partial Summary Judgment by JEFFREY STEIN (Attachments: # 1 Text of Proposed Order)(McClanahan, Kelly) (Entered: 02/05/2019)
2019-02-07MINUTE ORDER: Granting 42 Motion for Extension of Time to File Response/Reply. Plaintiff's Reply in support of his Motion for Summary Judgment shall be filed by 2/7/19. Signed by Judge Tanya S. Chutkan on 2/7/19. (DJS) (Entered: 02/07/2019)
2019-02-0743REPLY to opposition to motion re 29 MOTION for Partial Summary Judgment filed by JEFFREY STEIN. (McClanahan, Kelly) (Entered: 02/08/2019)
2019-02-0844SURREPLY to re 22 MOTION for Summary Judgment filed by JEFFREY STEIN. (McClanahan, Kelly) (Entered: 02/08/2019)
2019-02-08Set/Reset Deadlines: Reply to Motion for Summary Judgment due by 2/7/2019. (tb) (Entered: 02/08/2019)
2020-04-1445MEMORANDUM AND OPINION regarding Defendants' 22 Motion for Summary Judgment and Plaintiff's 29 Motion for Partial Summary Judgment. Signed by Judge Tanya S. Chutkan on 4/14/2020. (lcdl) (Entered: 04/14/2020)
2020-04-1446ORDER granting in part and denying in part 22 Motion for Summary Judgment; granting in part and denying in part 29 Motion for Partial Summary Judgment. The parties shall meet and confer and file a JOINT proposal for moving forward with this case no later than June 1, 2020. Any proposal filed separately will be stricken sua sponte. Signed by Judge Tanya S. Chutkan on 4/14/2020. (lcdl) (Entered: 04/14/2020)
2020-04-14Set/Reset Deadlines: Joint Proposal due by 6/1/2020. (tb) Modified on 4/14/2020 (tb). (Entered: 04/14/2020)
2020-04-14MINUTE ORDER: The parties' joint proposal, due June 1, 2020, shall be accompanied by a proposed order. Signed by Judge Tanya S. Chutkan on 4/14/2020. (DJS) (Entered: 04/14/2020)
2020-04-22MINUTE ORDER: the Joint Proposal is due no later than June 1, 2020. The text in the paper order indicating that it is due April 30 shall be disregarded. Signed by Judge Tanya S. Chutkan on 4/22/2020. (lcdl) (Entered: 04/22/2020)
2020-04-22Set/Reset Deadlines: Joint Proposal due by 06/01/2020. (tb) (Entered: 04/22/2020)
2020-06-0147ENTERED IN ERROR. . . . .NOTICE of Joint Proposal for Further Proceedings by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF COMMERCE, DEPARTMENT OF DEFENSE, DEPARTMENT OF EDUCATION, DEPARTMENT OF JUSTICE, DEPARTMENT OF STATE, OFFICE OF PERSONNEL MANAGEMENT, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE (Attachments: # 1 Text of Proposed Order)(Baer, Michael) Modified on 6/2/2020 (ztd). (Entered: 06/01/2020)
2020-06-02NOTICE OF ERROR re 47 Notice (Other); emailed to michael.h.baer@usdoj.gov, cc'd 2 associated attorneys -- The PDF file you docketed contained errors: 1. An email has been sent to counsel regarding renewal. (ztd, ) (Entered: 06/02/2020)
2020-06-1048NOTICE of Joint Proposal for Further Proceedings by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF COMMERCE, DEPARTMENT OF DEFENSE, DEPARTMENT OF EDUCATION, DEPARTMENT OF JUSTICE, DEPARTMENT OF STATE, OFFICE OF PERSONNEL MANAGEMENT, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE (Attachments: # 1 Text of Proposed Order)(Baer, Michael) (Entered: 06/10/2020)
2020-06-1149ORDER: Joint status report due July 17, 2020 and every 30 days thereafter. To the extent the report contains a proposed production orbriefing schedule, the report shall be accompanied by a proposed order. (See order for additional deadlines). Signed by Judge Tanya S. Chutkan on 6/11/2020. (DJS) (Entered: 06/11/2020)
2020-06-11Set/Reset Deadlines: Joint Status Report due by 7/17/2020. (tb) (Entered: 06/11/2020)
2020-07-1750Joint STATUS REPORT by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF COMMERCE, DEPARTMENT OF DEFENSE, DEPARTMENT OF EDUCATION, DEPARTMENT OF JUSTICE, DEPARTMENT OF STATE, OFFICE OF PERSONNEL MANAGEMENT, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE. (Baer, Michael) (Entered: 07/17/2020)
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