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Case TitleTALBOT v. U.S. DEPARTMENT OF STATE et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2017cv00588
Date Filed2017-03-31
Date ClosedOpen
JudgeJudge Christopher R. Cooper
PlaintiffDAVID TALBOT
Case DescriptionDavid Talbot, a reporter and author, submitted a FOIA request to the Department of State for records concerning passport and visa records for former CIA officer William King Harvey and Mark Wyatt, who was deceased, during 1948-1976. The agency eventually responded, indicating that it found no records concerning Harvey, but found some records concerning Wyatt. The agency disclosed five records in full and five in part. Talbot also submitted FOIA requests to the CIA for travel records concerning the two officers. He asked for a fee waiver as well. The agency granted him a fee waiver, but also indicated the search probably would not result in any fees. The CIA located 419 pages on Harvey and released them with redactions. However, it did not indicate whether there were any records on Wyatt. Talbot then filed suit against both agencies.
Complaint issues: Public Interest Fee Waiver, Litigation - Vaughn index, Litigation - Attorney's fees

DefendantU.S. DEPARTMENT OF STATE
DefendantU.S. DEPARTMENT OF STATE
The Executive Office
Office of Legal Advisor Rm 5519
2201 C Street NW
Washington, DC 20520
DefendantCENTRAL INTELLIGENCE AGENCY
Washington, DC 20505
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
Complaint attachment 9
Complaint attachment 10
Complaint attachment 11
Complaint attachment 12
Complaint attachment 13
Complaint attachment 14
Complaint attachment 15
Complaint attachment 16
Complaint attachment 17
Complaint attachment 18
Opinion/Order [25]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2017-03-311COMPLAINT against All Defendants ( Filing fee $ 400 receipt number 0090-4897317) filed by DAVID TALBOT. (Attachments: # 1 Summons AG Summons, # 2 Summons CIA Summons, # 3 Summons US Attorney Summons, # 4 Summons US DOS Summons, # 5 Civil Cover Sheet Civil Cover Sheet, # 6 Exhibit Ex 1, # 7 Exhibit Ex 2, # 8 Exhibit Ex 3, # 9 Exhibit Ex 4, # 10 Exhibit Ex 5, # 11 Exhibit Ex 6, # 12 Exhibit Ex 7, # 13 Exhibit Ex 8, # 14 Exhibit Ex 9, # 15 Exhibit Ex 10, # 16 Exhibit Ex 11, # 17 Exhibit Ex 12, # 18 Exhibit Ex 13)(Hardway, Dan) (Entered: 03/31/2017)
2017-04-022NOTICE of Appearance by James H. Lesar on behalf of DAVID TALBOT (Lesar, James) (Entered: 04/02/2017)
2017-04-04Case Assigned to Judge Christopher R. Cooper. (sb) (Entered: 04/04/2017)
2017-04-043SUMMONS (4) Issued Electronically as to CENTRAL INTELLIGENCE AGENCY, U.S. DEPARTMENT OF STATE, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Consent Form)(sb) (Entered: 04/04/2017)
2017-04-194RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 4/10/2017. Answer due for ALL FEDERAL DEFENDANTS by 5/10/2017. (Attachments: # 1 Exhibit Web Receipt, # 2 Exhibit Return Receipt, # 3 Exhibit Web Receipt)(Hardway, Dan) (Entered: 04/19/2017)
2017-04-195NOTICE of Appearance by Johnny Hillary Walker, III on behalf of All Defendants (Walker, Johnny) (Entered: 04/19/2017)
2017-04-246MOTION to Issue Summons by DAVID TALBOT (Attachments: # 1 Summons Corrected USDOS Summons)(Hardway, Dan) (Entered: 04/24/2017)
2017-04-247NOTICE by DAVID TALBOT re 6 MOTION to Issue Summons (Hardway, Dan) (Entered: 04/24/2017)
2017-05-01MINUTE ORDER granting 6 Plaintiff's Motion to Re-Issue the Summons. It is hereby ORDERED that the Clerk of the Court shall RE-ISSUE the summons with the corrected address. Signed by Judge Christopher R. Cooper on 5/1/2017. (lccrc2) (Entered: 05/01/2017)
2017-05-028SUMMONS (1) Re-Issued Electronically as to U.S. DEPARTMENT OF STATE. (zrdj) Modified on 5/2/2017 (zrdj). (Entered: 05/02/2017)
2017-05-089Consent MOTION for Extension of Time to File Answer re 1 Complaint,, by CENTRAL INTELLIGENCE AGENCY, U.S. DEPARTMENT OF STATE (Attachments: # 1 Text of Proposed Order)(Walker, Johnny) (Entered: 05/08/2017)
2017-05-09MINUTE ORDER granting 9 Defendants' Motion for Extension of Time to file an Answer. It is hereby ORDERED that Defendants shall file an answer to Plaintiff's complaint on or by May 26, 2017. Signed by Judge Christopher R. Cooper on 5/9/2017. (lccrc2) (Entered: 05/09/2017)
2017-05-10Set/Reset Deadlines: Answer due by 5/26/2017. (lsj) (Entered: 05/10/2017)
2017-05-2610ANSWER to Complaint by CENTRAL INTELLIGENCE AGENCY, U.S. DEPARTMENT OF STATE.(Walker, Johnny) (Entered: 05/26/2017)
2017-05-26MINUTE ORDER: Before the Court in this FOIA case are a 1 Complaint and 10 Answer. It is hereby ORDERED that the parties promptly confer and file a joint proposed schedule for briefing or disclosure by June 9, 2017. Signed by Judge Christopher R. Cooper on 5/26/2017. (lccrc2) (Entered: 05/26/2017)
2017-05-26Set/Reset Deadlines: Proposed Briefing Schedule due by 6/9/2017 (lsj) (Entered: 05/26/2017)
2017-06-0911Joint STATUS REPORT by CENTRAL INTELLIGENCE AGENCY, U.S. DEPARTMENT OF STATE. (Walker, Johnny) (Entered: 06/09/2017)
2017-06-09MINUTE ORDER: In light of 11 parties' Joint Status Report, it is hereby ORDERED that parties shall file another Joint Status Report on or by July 24, 2017 informing the Court of the status of their discussions and, if necessary, proposing a briefing schedule. Signed by Judge Christopher R. Cooper on 6/9/17. (lccrc2) (Entered: 06/09/2017)
2017-06-09Set/Reset Deadlines: Joint Status Report due by 7/24/2017. (nbn) (Entered: 06/12/2017)
2017-06-09Set/Reset Deadlines: Joint Status Report due by 7/24/2017. (nbn) (Entered: 06/12/2017)
2017-07-2412ERRATA by DAVID TALBOT 1 Complaint,, filed by DAVID TALBOT. (Attachments: # 1 Exhibit Addition to Complaint Exhibit 5)(Hardway, Dan) (Entered: 07/24/2017)
2017-07-2413Joint STATUS REPORT by CENTRAL INTELLIGENCE AGENCY, U.S. DEPARTMENT OF STATE. (Walker, Johnny) (Entered: 07/24/2017)
2017-07-25MINUTE ORDER: In light of 13 parties' Joint Status Report, it is hereby ORDERED that the production schedule be established as follows: Defendant shall make an interim production of responsive records to Plaintiff on or by August 31, 2017, and shall produce all remaining responsive records, along with a draft Vaughn index, to Plaintiff on or by September 29, 2017. It is further ORDERED that the parties submit a Joint Status Report by October 10, 2017 informing the Court of the status of their discussions and, if necessary, proposing a briefing schedule. Signed by Judge Christopher R. Cooper on 7/25/2017. (lccrc2) (Entered: 07/25/2017)
2017-07-25Set/Reset Deadlines: Joint Status Report due by 10/10/2017 Draft Vaughn Index due by 9/29/2017, (hs) (Entered: 07/25/2017)
2017-10-1014Joint STATUS REPORT by CENTRAL INTELLIGENCE AGENCY, U.S. DEPARTMENT OF STATE. (Walker, Johnny) (Entered: 10/10/2017)
2017-10-11MINUTE ORDER: In light of 14 the parties' Joint Status Report, it is ORDERED that the parties shall file another Joint Status Report by November 9, 2017 apprising the Court of any remaining issues to be litigated and, if necessary, proposing a briefing schedule. Signed by Judge Christopher R. Cooper on 10/11/2017. (lccrc2) (Entered: 10/11/2017)
2017-10-11Set/Reset Deadlines: Joint Status Report due by 11/9/2017 (lsj) (Entered: 10/11/2017)
2017-11-0915Joint STATUS REPORT and Proposed Briefing Schedule by CENTRAL INTELLIGENCE AGENCY, U.S. DEPARTMENT OF STATE. (Walker, Johnny) (Entered: 11/09/2017)
2017-11-14MINUTE ORDER: In light of 15 , the parties' Joint Status Report and proposed schedule, the schedule for summary judgment briefing shall be as follows: Defendants' motion for summary judgment shall be due by January 16, 2018; Plaintiff's combined cross-motion for summary judgment and opposition shall be due by February 15, 2018; Defendants' combined reply and opposition shall be due by March 8, 2018; and Plaintiff's reply shall be due by March 29, 2018. Signed by Judge Christopher R. Cooper on 11/14/2017. (lccrc2) (Entered: 11/14/2017)
2017-11-15Set/Reset Deadlines: Summary Judgment motions due by 1/16/2018. Response to Motion for Summary Judgment due by 2/15/2018. Reply to Motion for Summary Judgment due by 3/8/2018. Plaintiff's Replies due by 3/29/2018. (lsj) Modified on 12/6/2017 (zlsj). (Entered: 11/15/2017)
2018-01-1616Consent MOTION for Extension of Time to Move for Summary Judgment by CENTRAL INTELLIGENCE AGENCY, U.S. DEPARTMENT OF STATE (Attachments: # 1 Text of Proposed Order)(Walker, Johnny) (Entered: 01/16/2018)
2018-01-17MINUTE ORDER granting 16 Defendants' Motion for Extension of Time. Defendants' motion for summary judgment shall now be due by January 17, 2018. Signed by Judge Christopher R. Cooper on 1/17/18. (lccrc2) (Entered: 01/17/2018)
2018-01-1717MOTION for Summary Judgment by CENTRAL INTELLIGENCE AGENCY, U.S. DEPARTMENT OF STATE (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts as to Which There Is No Genuine Issue, # 3 Declaration of Eric Stein (with exhibits), # 4 Declaration of Jonathan Rolbin, # 5 Declaration of Antoinette Shiner (with exhibits), # 6 Text of Proposed Order)(Walker, Johnny) (Entered: 01/17/2018)
2018-02-1518RESPONSE re 17 MOTION for Summary Judgment filed by DAVID TALBOT. (Attachments: # 1 Statement of Facts Response to Defendants Statement of Facts, # 2 Memorandum in Support, # 3 Declaration, # 4 Declaration, # 5 Text of Proposed Order)(Hardway, Dan) (Entered: 02/15/2018)
2018-02-1519Cross MOTION for Summary Judgment by DAVID TALBOT (Attachments: # 1 Statement of Facts, # 2 Memorandum in Support, # 3 Declaration, # 4 Declaration, # 5 Text of Proposed Order)(Hardway, Dan) (Entered: 02/15/2018)
2018-03-0520Consent MOTION for Extension of Time to File Response/Reply as to 17 MOTION for Summary Judgment , 19 Cross MOTION for Summary Judgment by CENTRAL INTELLIGENCE AGENCY, U.S. DEPARTMENT OF STATE (Attachments: # 1 Text of Proposed Order)(Walker, Johnny) (Entered: 03/05/2018)
2018-03-12MINUTE ORDER granting 20 Defendants' Motion for Extension of Time. Defendants' combined opposition and reply shall be due by March 16, 2018 and Plaintiff's reply shall be due by April 6, 2018. Signed by Judge Christopher R. Cooper on 3/12/2018. (lccrc2) (Entered: 03/12/2018)
2018-03-12Set/Reset Deadlines: Defendants' Responses due by 3/16/2018. Plaintiff's Replies due by 4/6/2018. (lsj) (Entered: 03/12/2018)
2018-03-1621REPLY to opposition to motion re 17 MOTION for Summary Judgment filed by CENTRAL INTELLIGENCE AGENCY, U.S. DEPARTMENT OF STATE. (Attachments: # 1 Supplemental Declaration of Eric Stein, # 2 Supplemental Declaration of Jonathan Rolbin, # 3 Supplemental Declaration of Antoinette Shiner)(Walker, Johnny) (Entered: 03/16/2018)
2018-03-1622Memorandum in opposition to re 19 Cross MOTION for Summary Judgment filed by CENTRAL INTELLIGENCE AGENCY, U.S. DEPARTMENT OF STATE. (Attachments: # 1 Response to Plaintiff's Statement of Facts, # 2 Supplemental Declaration of Eric Stein, # 3 Supplemental Declaration of Jonathan Rolbin, # 4 Supplemental Declaration of Antoinette Shiner)(Walker, Johnny) (Entered: 03/16/2018)
2018-04-0623REPLY to opposition to motion re 19 Cross MOTION for Summary Judgment filed by DAVID TALBOT. (Attachments: # 1 Statement of Facts Supplemental, # 2 Declaration Supplemental with Exs. 5 to 12, # 3 Exhibit Exs. 13 to 15 Supp. Decl., # 4 Exhibit Ex. 16 Supp. Decl.)(Hardway, Dan) (Entered: 04/06/2018)
2018-05-01MINUTE ORDER: The parties are directed to appear for a hearing on 17 , 19 their pending cross-motions for summary judgment on May 15, 2018 at 11:00 AM in Courtroom 27A. The parties should be prepared in particular to address the Department of State's search for passport records under Harvey's pseudonyms and the CIA operational files exemption. Signed by Judge Christopher R. Cooper on 5/1/2018. (lccrc2) (Entered: 05/01/2018)
2018-05-02Set/Reset Hearings: Motion Hearing set for 5/15/2018 at 11:00 AM in Courtroom 27A before Judge Christopher R. Cooper. (lsj) (Entered: 05/02/2018)
2018-05-15Minute Entry for proceedings held before Judge Christopher R. Cooper: Motion Hearing held on 5/15/2018 re 17 MOTION for Summary Judgment filed by CENTRAL INTELLIGENCE AGENCY, U.S. DEPARTMENT OF STATE, 19 Cross MOTION for Summary Judgment filed by DAVID TALBOT. Oral arguments heard and motions taken under advisement. (Court Reporter Lisa Moreira) (nbn) (Entered: 05/15/2018)
2018-06-0724ORDER granting in part and denying in part 17 Defendants' Motion for Summary Judgment and denying 19 Plaintiff's Cross-Motion for Summary Judgment. For the reasons stated in the accompanying Memorandum Opinion, the Court will grant in part and deny in part Defendants' Motion for Summary Judgment and deny Plaintiff's cross-motion for summary judgment. See full Order for details. Signed by Judge Christopher R. Cooper on 6/7/2018. (lccrc2) (Entered: 06/07/2018)
2018-06-0725MEMORANDUM OPINION re 24 Order granting in part and denying in part Defendants' motion for summary judgment and denying Plaintiff's cross-motion for summary judgment. Signed by Judge Christopher R. Cooper on 6/7/2018. (lccrc2) (Entered: 06/07/2018)
2018-06-2126RESPONSE TO ORDER OF THE COURT re 24 Order on Motion for Summary Judgment,,, filed by CENTRAL INTELLIGENCE AGENCY. (Walker, Johnny) (Entered: 06/21/2018)
2018-06-25MINUTE ORDER: In light of 26 the government's response to the Court's June 7, 2018 order, the CIA shall conduct a search of its operational files as outlined by the Court's June 7, 2018 order and provide any non-exempt responsive records to Plaintiff by July 31, 2018. To avoid parallel summary judgment briefing schedules, the Court will reserve setting a schedule for summary judgment briefing until the Department of State completes its search as directed by the Court's June 7, 2018 order. Signed by Judge Christopher R. Cooper on 6/25/2018. (lccrc2) (Entered: 06/25/2018)
2018-07-0527RESPONSE TO ORDER OF THE COURT re 24 Order on Motion for Summary Judgment,,, filed by U.S. DEPARTMENT OF STATE. (Attachments: # 1 Third Declaration of Eric Stein)(Walker, Johnny) (Entered: 07/05/2018)
2018-07-06VACATED PURSUANT TO ORDER FILED 7/31/2018.....MINUTE ORDER: In light of 26 , 27 Defendants' responses to the Court's order, the following briefing schedule shall apply: Defendants' renewed motion for summary judgment shall be due by July 31, 2018; Plaintiff's combined opposition and cross-motion for summary judgment shall be due by August 31, 2018; Defendants' combined opposition and reply shall be due by September 14, 2018; and Plaintiff's reply shall be due by September 28, 2018. Signed by Judge Christopher R. Cooper on 7/6/2018. (lccrc2) Modified on 7/31/2018 (znbn). (Entered: 07/06/2018)
2018-07-09Set/Reset Deadlines: Renewed Summary Judgment motions due by 7/31/2018. Response to Motion for Summary Judgment due by 8/30/2018. Reply to Motion for Summary Judgment due by 9/14/2018. Plaintiff's Reply due by 9/28/2018. (lsj) (Entered: 07/09/2018)
2018-07-2028MOTION to Partially Alter or Amend re 25 Memorandum & Opinion 24 Order on Motion for Summary Judgment by DAVID TALBOT (Attachments: # 1 Memorandum in Support, # 2 Exhibit 15 May Hearing Tr., # 3 Text of Proposed Order)(Hardway, Dan) Modified on 7/30/2018 docket text (jf). (Entered: 07/20/2018)
2018-07-2729Joint MOTION to Modify the Briefing Schedule by CENTRAL INTELLIGENCE AGENCY, U.S. DEPARTMENT OF STATE (Attachments: # 1 Text of Proposed Order)(Walker, Johnny) (Entered: 07/27/2018)
2018-07-31MINUTE ORDER granting 29 Joint Motion to Modify Briefing Schedule and vacating scheduling order entered July 6, 2018. Briefing on Plaintiff's pending motion for reconsideration and renewed briefing on summary judgment shall proceed as follows: Defendants' renewed motion for summary judgment shall be due by July 31, 2018; Plaintiff's opposition to summary judgment shall be due by September 21, 2018; Defendants' combined reply on summary judgment and opposition to Plaintiff's motion for reconsideration shall be due by October 5, 2018; Plaintiff's reply on reconsideration shall be due by November 8, 2018. Further extensions to the briefing schedule will be looked upon with disfavor. Signed by Judge Christopher R. Cooper on 7/31/2018. (lccrc2) (Entered: 07/31/2018)
2018-07-31Set/Reset Deadlines: Summary Judgment motions due by 7/31/2018. Response to Motion for Summary Judgment due by 9/21/2018. Reply to Motion for Summary Judgment due by 10/5/2018. Replies due by 11/8/2018. (znbn) (Entered: 07/31/2018)
2018-07-3130Second MOTION for Summary Judgment by CENTRAL INTELLIGENCE AGENCY, U.S. DEPARTMENT OF STATE (Attachments: # 1 Statement of Facts, # 2 Third Declaration of Eric Stein, # 3 Third Declaration of Antoinette Shiner, # 4 Text of Proposed Order)(Walker, Johnny) (Entered: 07/31/2018)
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