Skip to content

Case Detail

[Subscribe to updates]
Case TitleNATIONAL SECURITY ARCHIVE v. U.S. DEPARTMENT OF STATE
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2017cv00770
Date Filed2017-04-26
Date Closed2019-02-26
JudgeJudge Dabney L. Friedrich
PlaintiffNATIONAL SECURITY ARCHIVE
Case DescriptionThe National Security Archive submitted a FOIA request to the Department of State for records received by agency officials through the "Dissent Channel," an informal means of communication established during the Vietnam War for agency employees to express their dissent concerning certain policies. The Archive noted that it had requested all records in 1997, but had been denied access under Exemption 5 (privileges). The new request indicated that the 2016 amendments prohibited agencies from claiming the deliberative process privilege for records more than 25 years old. The agency acknowledged receipt of the request, but after hearing nothing further, the National Security Archive filed suit.
Complaint issues: Litigation - Attorney's fees, Failure to respond within statutory time limit

DefendantU.S. DEPARTMENT OF STATE
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

2017-04-261COMPLAINT against U.S. DEPARTMENT OF STATE ( Filing fee $ 400 receipt number 0090-4929628) filed by NATIONAL SECURITY ARCHIVE. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Civil Cover Sheet, # 6 Summons to U.S. Department of State, # 7 Summons Channing D. Phillips, U.S. Attorney for the District of Columbia, # 8 Summons Jeff Sessions, U.S. Attorney General)(Sloan, Clifford) (Entered: 04/26/2017)
2017-04-27Case Asssigned to Judge Colleen Kollar-Kotelly. (sb) (Entered: 04/27/2017)
2017-04-272SUMMONS (3) Issued Electronically as to U.S. DEPARTMENT OF STATE, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Consent Form)(sb) (Entered: 04/27/2017)
2017-05-103NOTICE of Appearance by William Mark Nebeker on behalf of U.S. DEPARTMENT OF STATE (Nebeker, William) (Entered: 05/10/2017)
2017-05-154REQUEST FOR SUMMONS TO ISSUE filed by NATIONAL SECURITY ARCHIVE.(Sloan, Clifford) (Entered: 05/15/2017)
2017-05-195SUMMONS (1) Reissued Electronically as to U.S. DEPARTMENT OF STATE (Attachment: # 1 Consent Form)(zsb) (Entered: 05/19/2017)
2017-05-226RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 5/2/2017. (Attachments: # 1 Exhibit A - Certified Mail Receipts, # 2 Exhibit B -- US Postal Service Tracking Receipts)(Sloan, Clifford) (Entered: 05/22/2017)
2017-05-227RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 5/2/2017. Answer due for ALL FEDERAL DEFENDANTS by 6/1/2017. (Attachments: # 1 Exhibit A - Certified Mail Receipts, # 2 Exhibit B - US Postal Service Tracking Receipts)(Sloan, Clifford) (Entered: 05/22/2017)
2017-05-248ORDER Establishing Procedures for Cases Assigned to Judge Colleen Kollar-Kotelly. Signed by Judge Colleen Kollar-Kotelly on May 24, 2017. (NS) (Entered: 05/24/2017)
2017-06-019RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF STATE served on 5/26/2017 (Sloan, Clifford) (Entered: 06/01/2017)
2017-06-0110ANSWER to Complaint by U.S. DEPARTMENT OF STATE.(Nebeker, William) (Entered: 06/01/2017)
2017-06-0611ORDER. The parties shall file a schedule not later than JULY 10, 2017. Signed by Judge Colleen Kollar-Kotelly on 6/6/2017. (lcckk1) (Entered: 06/06/2017)
2017-06-06Set/Reset Deadlines: Parties shall file a schedule by 7/10/2017. (dot) (Entered: 06/07/2017)
2017-07-1012Joint STATUS REPORT by U.S. DEPARTMENT OF STATE. (Attachments: # 1 Text of Proposed Order)(Nebeker, William) (Entered: 07/10/2017)
2017-07-17MINUTE ORDER: The Court has received the parties' 12 Joint Status Report. Defendant represents that it anticipates completing its searches for responsive materials, and will make an initial production, by July 31, 2017. Accordingly, the parties shall file a further Joint Status Report by AUGUST 10, 2017, updating the Court regarding Defendant's productions, and indicating how the parties intend to proceed. Signed by Judge Colleen Kollar-Kotelly on 7/17/2017. (lcckk1) (Entered: 07/17/2017)
2017-07-17Set/Reset Deadlines: Joint Status Report due by 8/10/2017. (dot) (Entered: 07/18/2017)
2017-08-1013Joint STATUS REPORT by NATIONAL SECURITY ARCHIVE. (Haskell, Alex) (Entered: 08/10/2017)
2017-08-14MINUTE ORDER: The Court has received the parties' 13 Joint Status Report. Defendant represents that it will make rolling monthly productions, with the next production to occur by September 12, 2017. Accordingly, by SEPTEMBER 20, 2017, the parties shall file a further Joint Status Report, updating the Court regarding the status of remaining productions in this matter. Signed by Judge Colleen Kollar-Kotelly on 8/14/2017. (lcckk1) (Entered: 08/14/2017)
2017-08-14Set/Reset Deadlines: Joint Status Report due by 9/20/2017. (dot) (Entered: 08/15/2017)
2017-08-31ENTERED IN ERROR. . . .WRONG CASE. . . . .MINUTE ORDER. Based on the representations in the parties' 32 Joint Status Report, it is hereby ORDERED that the parties shall file a further status report on or before 10/31/2017, which shall contain a proposed schedule for further proceedings if litigation is going to be necessary. Signed by Judge Ketanji Brown Jackson on 08/31/2017. (lckbj1) Modified on 8/31/2017 (td). (Entered: 08/31/2017)
2017-08-31Set/Reset Deadlines: Joint Status Report due by 10/31/2017. (dot) (Entered: 08/31/2017)
2017-09-2014Joint STATUS REPORT by NATIONAL SECURITY ARCHIVE. (Haskell, Alex) (Entered: 09/20/2017)
2017-10-05MINUTE ORDER: The Court has received the parties' 14 Joint Status Report. Therein, Plaintiff requests that the Court "order Defendant to process an average of at least 1000 pages of potentially responsive records per month and provide rolling productions to Plaintiff on a monthly basis." Defendant responds that "[d]ue to its FOIA burden and resource limitations, Defendant cannot agree to process more than an average of 300 pages per month in any one case." So this disagreement may be resolved, the Court hereby orders Defendant to submit an affidavit of the responsible FOIA official by NOVEMBER 1, 2017 explaining in detail why its processing is limited to 300 pages per month, and what the consequences would be if the processing speed were increased for Plaintiff's FOIA request. Signed by Judge Colleen Kollar-Kotelly on 10/5/2017. (lcckk1) (Entered: 10/05/2017)
2017-10-3015Unopposed MOTION for Extension of Time to File Declaration by U.S. DEPARTMENT OF STATE (Attachments: # 1 Text of Proposed Order)(Nebeker, William) (Entered: 10/30/2017)
2017-11-03MINUTE ORDER: Upon consideration of Defendant's 15 Unopposed Motion for Enlargement of Time, and Memorandum in Support Thereof, and recognizing the parties' continuing negotiations and Defendant's efforts to reallocate resources, the Court finds good cause for an extension of time to file Defendant's declaration pursuant to the Court's October 5, 2017, Minute Order. Accordingly, the Court GRANTS nunc pro tunc Defendant's Motion. Defendant is ordered to file the aforementioned declaration, or, if applicable and in lieu of such declaration, a statement that the parties have agreed regarding the number of pages to be processed each month, by NOVEMBER 9, 2017. Signed by Judge Colleen Kollar-Kotelly on November 3, 2017. (lcckk1) (Entered: 11/03/2017)
2017-11-0816STATUS REPORT by U.S. DEPARTMENT OF STATE. (Nebeker, William) (Entered: 11/08/2017)
2017-12-05Case directly reassigned to Judge Dabney L. Friedrich. Judge Colleen Kollar-Kotelly is no longer assigned to the case. (ztnr) (Entered: 12/05/2017)
2018-04-30MINUTE ORDER. The parties shall file a joint status report on or before May 21, 2018 that updates the Court about the status of the Department of State's processing and production of records responsive to Plaintiff's FOIA request. Signed by Judge Dabney L. Friedrich on April 30, 2018. (JK) (Entered: 04/30/2018)
2018-05-2117Joint STATUS REPORT by NATIONAL SECURITY ARCHIVE. (Sloan, Clifford) (Entered: 05/21/2018)
2018-05-21MINUTE ORDER. Upon consideration of the parties' 17 Joint Status Report, the parties shall submit another joint status report on or before June 22, 2018. Signed by Judge Dabney L. Friedrich on May 21, 2018. (JK) (Entered: 05/21/2018)
2018-06-2218Joint STATUS REPORT by U.S. DEPARTMENT OF STATE. (Nebeker, William) (Entered: 06/22/2018)
2018-06-25MINUTE ORDER. In light of the parties' 18 Joint Status Report, it is ORDERED that the parties shall file another joint status report on or before July 20, 2018. Signed by Judge Dabney L. Friedrich on June 25, 2018. (MJS) (Entered: 06/25/2018)
2018-06-25Set/Reset Deadlines: Status Report due by 7/20/2018. (jl) (Entered: 06/25/2018)
2018-07-1319NOTICE OF WITHDRAWAL OF APPEARANCE as to NATIONAL SECURITY ARCHIVE. Attorney Alex Theodore Haskell terminated. (Haskell, Alex) (Entered: 07/13/2018)
2018-07-1920Joint STATUS REPORT by U.S. DEPARTMENT OF STATE. (Nebeker, William) (Entered: 07/19/2018)
2018-07-19MINUTE ORDER adopting the proposal in the parties' 20 Joint Status Report. Accordingly, it is ORDERED that the parties shall file another joint status report on or before September 5, 2018. Signed by Judge Dabney L. Friedrich on July 19, 2018. (JPF) (Entered: 07/19/2018)
2018-09-0521Joint STATUS REPORT by U.S. DEPARTMENT OF STATE. (Nebeker, William) (Entered: 09/05/2018)
2018-09-0622MINUTE ORDER adopting the proposal in the parties' 21 Joint Status Report. Accordingly, it is ORDERED that the parties shall file another joint status report on or before October 9, 2018. Signed by Judge Dabney L. Friedrich on September 6, 2018. (lcdlf1) (Entered: 09/06/2018)
2018-10-0523NOTICE of Appearance by Andrew Carl Hanson on behalf of NATIONAL SECURITY ARCHIVE (Hanson, Andrew) (Entered: 10/05/2018)
2018-10-0924Joint STATUS REPORT by NATIONAL SECURITY ARCHIVE. (Hanson, Andrew) (Entered: 10/09/2018)
2018-10-09MINUTE ORDER adopting the proposal in the parties' 24 Joint Status Report. Accordingly, it is ORDERED that the parties shall file another joint status report on or before November 9, 2018. Signed by Judge Dabney L. Friedrich on October 9, 2018. (lcdlf1) (Entered: 10/09/2018)
2018-11-0925Joint STATUS REPORT by NATIONAL SECURITY ARCHIVE. (Hanson, Andrew) (Entered: 11/09/2018)
2018-11-09MINUTE ORDER adopting the proposal in the parties' 25 Joint Status Report. Accordingly, it is ORDERED that the parties shall file another joint status report on or before December 10, 2018. Signed by Judge Dabney L. Friedrich on November 9, 2018. (lcdlf1) (Entered: 11/09/2018)
2018-12-1026Joint STATUS REPORT by NATIONAL SECURITY ARCHIVE. (Sloan, Clifford) (Entered: 12/10/2018)
2018-12-11MINUTE ORDER adopting the proposal in the parties' 26 Joint Status Report. Accordingly, it is ORDERED that the parties shall file another joint status report on or before January 10, 2019. Signed by Judge Dabney L. Friedrich on December 11, 2019. (lcdlf1) (Entered: 12/11/2018)
2018-12-11Set/Reset Deadlines/Hearings: Joint Status Report due by 1/10/2019. (jl) (Entered: 12/11/2018)
2019-01-0827Unopposed MOTION to Stay (Defendant's Unopposed Motion to Stay Proceedings in Light of Lapse in Appropriations) by U.S. DEPARTMENT OF STATE (Attachments: # 1 Text of Proposed Order)(Nebeker, William) (Entered: 01/08/2019)
2019-01-10MINUTE ORDER granting in part the government's 27 Unopposed Motion to Stay Proceedings in Light of Lapse in Appropriations. Accordingly, it is ORDERED that the deadline for the parties' next joint status report is extended and the parties shall file a joint status report no later than 7 days after Congress has restored appropriations to the Department of Justice. Signed by Judge Dabney L. Friedrich on January 10, 2019. (lcdlf1) (Entered: 01/10/2019)
2019-01-3128Joint STATUS REPORT by U.S. DEPARTMENT OF STATE. (Nebeker, William) (Entered: 01/31/2019)
2019-01-31MINUTE ORDER adopting the proposal in the parties' 28 Joint Status Report. Accordingly, it is ORDERED that the parties shall file a notice of voluntary dismissal or joint status report on or before February 25, 2019 indicating whether they have resolved the issue of attorneys fees and costs and proposing a briefing schedule, if necessary. Signed by Judge Dabney L. Friedrich on January 31, 2019. (lcdlf1) (Entered: 01/31/2019)
2019-02-2529STIPULATION of Dismissal (Voluntary Stipulation of Settlement and Dismissal, and Notice of Proposed Order) by NATIONAL SECURITY ARCHIVE. (Attachments: # 1 Text of Proposed Order)(Sloan, Clifford) (Entered: 02/25/2019)
2019-02-25MINUTE ORDER. In light of the parties' 29 Voluntary Stipulation of Settlement and Dismissal, this case is dismissed with prejudice, with each party to bear its own fees and costs. It is ORDERED that the parties' request that the Court retain jurisdiction to ensure compliance with the terms of the settlement agreement is DENIED. The Clerk of Court is directed to close this case. Signed by Judge Dabney L. Friedrich on February 25, 2019. (lcdlf1) (Entered: 02/25/2019)
Hide Docket Events
by FOIA Project Staff
Skip to toolbar