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Case TitleNATIONAL SECURITY ARCHIVE v. U.S. DEPARTMENT OF STATE
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2017cv00770
Date Filed2017-04-26
Date ClosedOpen
JudgeJudge Colleen Kollar-Kotelly
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)
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by FOIA Project Staff