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Case TitleNATIONAL SECURITY ARCHIVE v. DEPARTMENT OF DEFENSE
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2017cv00492
Date Filed2017-03-17
Date Closed2020-12-21
JudgeJudge Tanya S. Chutkan
PlaintiffNATIONAL SECURITY ARCHIVE
Case DescriptionThe National Security Archive submitted a FOIA request in 2009 to the Department of Defense for records concerning a series of internal memos issued by former Secretary of Defense Donald Rumsfeld from 2001-2006. The agency acknowledged receipt of the request and agreed to process Rumsfeld's memos. However, after waiting seven years for the agency to process the request, DOD still has not released any of the memos. The National Security Archive then filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantDEPARTMENT OF DEFENSE
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2017-03-171COMPLAINT for Injunctive Relief against All Defendants ( Filing fee $ 400 receipt number 0090-4880521) filed by NATIONAL SECURITY ARCHIVE. (Attachments: # 1 Civil Cover Sheet, # 2 Summons FOIA Summons to the US Department of Defense)(Sloan, Clifford) (Entered: 03/17/2017)
2017-03-17Case Assigned to Judge Tanya S. Chutkan. (sth) (Entered: 03/20/2017)
2017-03-202SUMMONS (1) Issued Electronically as to DEPARTMENT OF DEFENSE. (Attachments: # 1 Summons)(sth) (Entered: 03/20/2017)
2017-03-203REQUEST FOR SUMMONS TO ISSUE to Jeff Sessions, U.S. Attorney General) filed by NATIONAL SECURITY ARCHIVE.(Sloan, Clifford) (Entered: 03/20/2017)
2017-03-204REQUEST FOR SUMMONS TO ISSUE (to Channing D. Phillips, U.S. Attorney's Office) filed by NATIONAL SECURITY ARCHIVE.(Sloan, Clifford) (Entered: 03/20/2017)
2017-03-205ENTERED IN ERROR.....REQUEST FOR SUMMONS TO ISSUE (to Lee. J. Lofthus, Assistant U.S. Attorney General for Administration) filed by NATIONAL SECURITY ARCHIVE.(Sloan, Clifford) Modified on 3/20/2017 (sth). (Entered: 03/20/2017)
2017-03-206SUMMONS (2) Issued Electronically as to U.S. Attorney and U.S. Attorney General (Attachments: # 1 Summons, # 2 Summons)(sth) (Entered: 03/20/2017)
2017-04-137RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 3/27/2017. Answer due for ALL FEDERAL DEFENDANTS by 4/26/2017. (Sloan, Clifford) (Entered: 04/13/2017)
2017-04-138RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 3/31/2017. (Sloan, Clifford) (Entered: 04/13/2017)
2017-04-139RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. DEPARTMENT OF DEFENSE served on 3/24/2017 (Sloan, Clifford) (Entered: 04/13/2017)
2017-04-2410NOTICE of Appearance by Melanie Dyani Hendry on behalf of DEPARTMENT OF DEFENSE (Hendry, Melanie) (Entered: 04/24/2017)
2017-04-2411ANSWER to Complaint by DEPARTMENT OF DEFENSE.(Hendry, Melanie) (Entered: 04/24/2017)
2017-04-25MINUTE 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 proposed order not later than 5/12/17. Signed by Judge Tanya S. Chutkan on 4/25/17. (DJS) (Entered: 04/25/2017)
2017-04-25Set/Reset Deadlines: Joint Status Report due by 5/12/2017. (tb) (Entered: 04/25/2017)
2017-05-1212Joint STATUS REPORT by NATIONAL SECURITY ARCHIVE. (Attachments: # 1 Plaintiff's Proposed Order, # 2 Defendant's Proposed Order)(Sloan, Clifford) (Entered: 05/12/2017)
2017-06-21MINUTE ORDER: Having considered the parties' Joint Status Report 12 , it is hereby ordered that the United States Department of Defense shall make an interim release of documents to Plaintiff by June 30, 2017. The parties shall file a joint status report and proposed order by July 14, 2017. Signed by Judge Tanya S. Chutkan on 6/21/17. (DJS) (Entered: 06/21/2017)
2017-06-21Set/Reset Deadlines: DOD shall make interim release of documents to plaintiff by 6/30/2017. Joint Status Report due by 7/14/2017. (tb) (Entered: 06/21/2017)
2017-07-1413Joint STATUS REPORT by NATIONAL SECURITY ARCHIVE. (Attachments: # 1 Plaintiff's Proposed Order, # 2 Defendant's Proposed Order)(Sloan, Clifford) (Entered: 07/14/2017)
2017-07-17MINUTE ORDER: A scheduling conference is hereby set for 1:45 p.m. on 8/1/17 in Courtroom 2. Signed by Judge Tanya S. Chutkan on 7/17/17. (DJS) (Entered: 07/17/2017)
2017-07-26MINUTE ORDER: The Scheduling Conference previously set for 8/1/17 is hereby vacated. The parties shall file a joint notice by 7/31/17 proposing three alternative dates/times for the Scheduling Conference. Signed by Judge Tanya S. Chutkan on 7/26/17. (DJS) (Entered: 07/26/2017)
2017-07-27Set/Reset Deadlines: Joint Notice proposing three alternative dates/times due by 7/31/2017. (tb) (Entered: 07/27/2017)
2017-07-3114NOTICE (Joint Notice) by NATIONAL SECURITY ARCHIVE re Order, (Sloan, Clifford) (Entered: 07/31/2017)
2017-08-02MINUTE ORDER: The previously vacated Scheduling Conference is hereby reset for 9/13/17 at 10:00 a.m. in Courtroom 2. Signed by Judge Tanya S. Chutkan on 8/2/17. (DJS) (Entered: 08/02/2017)
2017-08-03Set/Reset Hearings: Scheduling Conference reset for 9/13/2017 at 10:00 AM in Courtroom 2 before Judge Tanya S. Chutkan. (tb) (Entered: 08/03/2017)
2017-08-04MINUTE ORDER: Due to an unanticipated scheduling conflict, the Scheduling Conference previously set for 9/13/2017 is hereby rescheduled for 9/7/17 at 10:00 a.m. in Courtroom 2. Signed by Judge Tanya S. Chutkan on 8/4/17. (DJS) (Entered: 08/04/2017)
2017-09-07Minute Entry for proceedings held before Judge Tanya S. Chutkan: Status Conference held on 9/7/2017. The parties are directed to file an updated Status Report by 1/8/2018. A further Status Conference is set for 1/11/2018 at 10:00 AM in Courtroom 2 before Judge Tanya S. Chutkan. (Court Reporter: Janice Dickman) (jth) (Entered: 09/07/2017)
2017-09-0815NOTICE of Appearance by Melissa R. Smith on behalf of NATIONAL SECURITY ARCHIVE (Smith, Melissa) (Entered: 09/08/2017)
2017-09-2116TRANSCRIPT OF PROCEEDINGS before Judge Tanya S. Chutkan held on September 7, 2017; Page Numbers: 1-18. Date of Issuance: September 20, 2017. Court Reporter/Transcriber Janice Dickman, Telephone number 202-354-3267, Transcripts may be ordered by submitting the <a href="http://www.dcd.uscourts.gov/node/110">Transcript Order Form</a><P></P><P></P>For the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter.<P> NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov.<P></P> Redaction Request due 10/12/2017. Redacted Transcript Deadline set for 10/22/2017. Release of Transcript Restriction set for 12/20/2017.(Dickman, Janice) (Entered: 09/21/2017)
2018-01-0817Joint STATUS REPORT and Request to Reschedule Status Conference by NATIONAL SECURITY ARCHIVE. (Attachments: # 1 Text of Proposed Order - Plaintiff, # 2 Text of Proposed Order - Defendant)(Sloan, Clifford) (Entered: 01/08/2018)
2018-01-0818Joint MOTION to Continue Status Conference by DEPARTMENT OF DEFENSE, NATIONAL SECURITY ARCHIVE. (See Docket Entry 17 to view document). (znmw) (Entered: 01/09/2018)
2018-01-09MINUTE ORDER" Granting 18 Motion to Continue. The Status Conference previously set for 1/11/18 is hereby rescheduled for 2/1/18 at 10:30 AM in Courtroom 9. Signed by Judge Tanya S. Chutkan on 1/9/18. (DJS) (Entered: 01/09/2018)
2018-01-3019NOTICE of Appearance by Mitchell S. Ettinger on behalf of NATIONAL SECURITY ARCHIVE (Ettinger, Mitchell) (Entered: 01/30/2018)
2018-02-01MINUTE ORDER: By 2/2/18 the parties shall file a notice providing the court with three dates/times they are available to reschedule the status conference. Signed by Judge Tanya S. Chutkan on 2/1/18. (DJS) (Entered: 02/01/2018)
2018-02-02Set/Reset Deadlines: Notice regarding rescheduled hearing due by 2/2/2018. (tb) (Entered: 02/02/2018)
2018-02-0220WITHDRAWN PURSUANT TO NOTICE FILED 2/2/2018.....NOTICE (Joint Notice) by NATIONAL SECURITY ARCHIVE re Order (Ettinger, Mitchell) Modified on 2/5/2018 (znmw). (Entered: 02/02/2018)
2018-02-02MINUTE ORDER: The Scheduling Conference in this matter is hereby rescheduled for February 6, 2018 at 2:00 p.m. in Courtroom 9. Signed by Judge Tanya S. Chutkan on 2/2/18. (DJS) (Entered: 02/02/2018)
2018-02-0221NOTICE of Withdrawal by NATIONAL SECURITY ARCHIVE re 20 Notice (Other) (Ettinger, Mitchell) (Entered: 02/02/2018)
2018-02-0222NOTICE (Plaintiff's Amended Notice) by NATIONAL SECURITY ARCHIVE re Order (Ettinger, Mitchell) (Entered: 02/02/2018)
2018-02-05Set/Reset Hearings: Scheduling Conference set for 2/6/2018 at 02:00 PM in Courtroom 9 before Judge Tanya S. Chutkan. (tb) (Entered: 02/05/2018)
2018-02-06Set/Reset Hearings: Scheduling Conference reset for 2/6/2018 at 12:30 PM in Courtroom 9 before Judge Tanya S. Chutkan. (tb) (Entered: 02/06/2018)
2018-02-06Minute Entry: Scheduling Conference held on 2/6/2018 before Judge Tanya S. Chutkan: Scheduling Order forthcoming. (Court Reporter Bryan Wayne) (tb) (Entered: 02/06/2018)
2018-02-0723TRANSCRIPT OF SCHEDULING CONFERENCE before Judge Tanya S. Chutkan held on February 6, 2018. Page Numbers: 1-7. Date of Issuance: February 7, 2018. Court Reporter: Bryan A. Wayne. Transcripts may be ordered by submitting the Transcript Order Form For the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter. NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 2/28/2018. Redacted Transcript Deadline set for 3/10/2018. Release of Transcript Restriction set for 5/8/2018.(Wayne, Bryan) (Entered: 02/07/2018)
2018-04-05MINUTE ORDER: The parties shall file a joint status report and proposed order by 8/7/18. Signed by Judge Tanya S. Chutkan on 4/5/18. (DJS) (Entered: 04/05/2018)
2018-04-05MINUTE ORDER: Having considered the parties' joints status report 7 , it is hereby ordered that the parties shall file another joint report and proposed order by May 8, 2018. Signed by Judge Tanya S. Chutkan on 4/5/18. (DJS) (Entered: 04/05/2018)
2018-04-05MINUTE ORDER: The court's Minute Order setting a 5/8/18 due date for the parties' joint status report is hereby VACATED due to clerical error. Signed by Judge Tanya S. Chutkan on 4/5/18. (DJS) (Entered: 04/05/2018)
2018-04-06Set/Reset Deadlines: Joint Status Report and Proposed Order due by 5/8/2018. (tb) (Entered: 04/06/2018)
2018-05-0824Joint STATUS REPORT by NATIONAL SECURITY ARCHIVE. (Attachments: # 1 Text of Proposed Order Plaintiff's Proposed Order, # 2 Text of Proposed Order Defendant's Proposed Order)(Sloan, Clifford) (Entered: 05/08/2018)
2018-08-22MINUTE ORDER: Having considered the parties' joint status report 24 , it is hereby ordered that the parties shall submit another joint report and proposed order by 11/16/18. Signed by Judge Tanya S. Chutkan on 8/22/18. (DJS) (Entered: 08/22/2018)
2018-08-22Set/Reset Deadlines: Joint Status Report due by 11/16/2018. (tb) (Entered: 08/22/2018)
2018-11-1625Joint STATUS REPORT by NATIONAL SECURITY ARCHIVE. (Attachments: # 1 Plaintiff's Proposed Order, # 2 Defendant's Proposed Order)(Sloan, Clifford) (Entered: 11/16/2018)
2018-11-27MINUTE ORDER: Having considered the parties' Joint Status Report 25 , it is hereby ordered that on or before December 30, 2018, the United States Department of Defense shall make another interim release of documents to Plaintiff, with subsequent productions every two months before the end of the month. The Department of Defense will produce an index of all withheld processed pages in this corpus along with the basis for that withholding at the end of production, as discussed at the February 6, 2018 status conference. The parties will file another Joint Status Report and Proposed Order by May 30, 2019. Signed by Judge Tanya S. Chutkan on 11/27/18. (DJS) (Entered: 11/27/2018)
2018-11-28Set/Reset Deadlines: Interim release of documents to plaintiff due by 12/30/2018. Joint Status Report due by 5/30/2019. (tb) (Entered: 11/28/2018)
2019-05-0626NOTICE of Appearance by Andrew Carl Hanson on behalf of NATIONAL SECURITY ARCHIVE (Hanson, Andrew) (Entered: 05/06/2019)
2019-05-0627MOTION to Withdraw as Attorney by NATIONAL SECURITY ARCHIVE (Attachments: # 1 Text of Proposed Order)(Smith, Melissa) (Entered: 05/06/2019)
2019-05-06MINUTE ORDER granting 27 Motion to Withdraw as Attorney. Attorney Melissa R. Smith terminated. Signed by Judge Tanya S. Chutkan on 5/6/19. (DJS) (Entered: 05/06/2019)
2019-05-2928Joint STATUS REPORT by NATIONAL SECURITY ARCHIVE. (Attachments: # 1 Text of Proposed Order)(Ettinger, Mitchell) (Entered: 05/29/2019)
2019-05-2929NOTICE OF WITHDRAWAL OF APPEARANCE as to NATIONAL SECURITY ARCHIVE. Attorney Clifford M. Sloan terminated. (Sloan, Clifford) (Entered: 05/29/2019)
2019-05-29MINUTE ORDER: Having considered the parties' joint status report 28 , it is hereby ordered that on or before June 29, 2019, the United States Department of Defense shall make another interim release of documents to Plaintiff, with subsequent productions every two months before the end of the month. The Department of Defense will produce an index of all withheld processed pages in this corpus along with the basis for that withholding at the end of production, as discussed at the February 6, 2018 status conference. The parties will submit their next Joint Status Report and Proposed Order on or before December 2, 2019. Signed by Judge Tanya S. Chutkan on 5/29/19. (DJS) (Entered: 05/29/2019)
2019-05-31Set/Reset Deadlines: Joint Status Report due by 12/2/2019. (tb) (Entered: 05/31/2019)
2019-08-0730NOTICE OF SUBSTITUTION OF COUNSEL by John Moustakas on behalf of DEPARTMENT OF DEFENSE Substituting for attorney Melanie Hendry (Moustakas, John) (Entered: 08/07/2019)
2019-12-0231Joint STATUS REPORT by NATIONAL SECURITY ARCHIVE. (Attachments: # 1 Text of Proposed Order)(Ettinger, Mitchell) (Entered: 12/02/2019)
2019-12-04MINUTE ORDER: Having considered the parties' joint status report 31 , it is hereby ordered that on or before December 30, 2019, the United States Department of Defense shall make another interim release of documents to Plaintiff, with subsequent productions every two months before the end of the month. The Department of Defense will produce an index of all withheld processed pages in this corpus along with the basis for that withholding at the end of production, as discussed at the February 6, 2018 status conference. The Parties shall file another joint report by June 2, 2020. The report shall be accompanied by a proposed order. Signed by Judge Tanya S. Chutkan on 12/4/19. (DJS) (Entered: 12/04/2019)
2019-12-09Set/Reset Deadlines: Joint Status Report due by 6/2/2020. (tb) (Entered: 12/09/2019)
2020-06-0232Joint STATUS REPORT by NATIONAL SECURITY ARCHIVE. (Attachments: # 1 Text of Proposed Order)(Ettinger, Mitchell) (Entered: 06/02/2020)
2020-06-03MINUTE ORDER: Having considered the parties' joint status report 32 , it is hereby ordered that the parties shall another joint report by September 30, 2020, and every 60 days thereafter. To the extent the report contains a proposed briefing schedule, the report shall be accompanied by a proposed order. Signed by Judge Tanya S. Chutkan on 6/3/2020. (DJS) (Entered: 06/03/2020)
2020-06-03Set/Reset Deadlines: Joint Status Report due by 9/30/2020. (tb) Modified on 6/3/2020 (tb). (Entered: 06/03/2020)
2020-09-3033Joint STATUS REPORT by NATIONAL SECURITY ARCHIVE. (Attachments: # 1 Text of Proposed Order)(Ettinger, Mitchell) (Entered: 09/30/2020)
2020-11-3034Joint STATUS REPORT by NATIONAL SECURITY ARCHIVE. (Attachments: # 1 Text of Proposed Order)(Ettinger, Mitchell) (Entered: 11/30/2020)
2020-12-1735NOTICE of Voluntary Dismissal by DEPARTMENT OF DEFENSE (Moustakas, John) (Entered: 12/17/2020)
2020-12-17MINUTE ORDER: Having considered the parties' Notice of Dismissal 35 , this action is hereby dismissed with prejudice. Signed by Judge Tanya S. Chutkan on 12/17/2020. (DJS) (Entered: 12/17/2020)
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