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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)
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by FOIA Project Staff