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Case Detail

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DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2017cv00492
Date Filed2017-03-17
Date ClosedOpen
JudgeJudge Tanya S. Chutkan
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

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)
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by FOIA Project Staff