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Case TitleCABLE NEWS NETWORK, INC. v. FEDERAL BUREAU OF INVESTIGATION
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2017cv01167
Date Filed2017-06-15
Date Closed2018-02-26
JudgeJudge James E. Boasberg
PlaintiffCABLE NEWS NETWORK, INC.
PlaintiffGANNETT SATELLITE INFORMATION NETWORK, LLC 17-cv-1175
doing business as USA TODAY
PlaintiffBRAD HEATH 17-cv-1175
doing business as USA TODAY
PlaintiffLACHLAN MARKAY 17-cv-1175
PlaintiffGARRETT GRAFF 17-cv-1175
PlaintiffJUDICIAL WATCH, INC. 17-cv-1189
PlaintiffFREEDOM WATCH, INC. 17-cv-1212
PlaintiffDAILY CALLER NEWS FOUNDATION
Case DescriptionCNN submitted a FOIA request to the FBI for records concerning notes taken by former FBI Director James Comey of his conversations with President Trump. CNN requested expedited processing and a fee waiver. The FBI granted CNN's request for a fee waiver, but denied its request for expedited processing. CNN appealed the denial of expedited processing to the Office of Information Policy, which reversed the FBI's denial. The FBI told CNN it was searching for the memos, but after hearing nothing further from the agency, CNN filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantFEDERAL BUREAU OF INVESTIGATION 17-cv-1167 and 17-cv-1212
DefendantFEDERAL BUREAU OF INVESTIGATION
DefendantDEPARTMENT OF JUSTICE 17-cv-1175, 17-cv-1189 and 17-cv-1212
DefendantDAILY CALLER NEWS FOUNDATION
DefendantU.S. DEPARTMENT OF JUSTICE
AppealD.C. Circuit 18-5041
AppealD.C. Circuit 18-5118
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
Opinion/Order [19]
FOIA Project Annotation: Judge James Boasberg has ruled that a FOIA request filed by Freedom Watch to the Criminal Division at the Department of Justice asking for "any and all documents and records as defined. . .which constitute, refer, or relate in any way to any memoranda prepared, written and/or issued by former FBI Director James Comey concerning Barack Obama, Hillary Clinton, Bill Clinton, Lieutenant General Michael Flynn, and President Donald Trump" is too vague to search and, since Freedom Watch did not file an administrative appeal, should be dismissed for failure to exhaust administrative remedies. Boasberg emphasized that exhaustion was "not merely [a formality] to be routinely ignored, some unseemly morass of bureaucratic red tape," but that "rather 'exhaustion has long been required in FOIA cases' as a core component of 'orderly procedure and good administration.'" He noted that "in this case, DOJ's regulations require that a requester 'describe the records sought in sufficient detail to enable Department personnel to locate them with a reasonable amount of effort.'" He observed that "as the D.C. Circuit recently held, such upfront procedures are permissible as long as they are 'reasonable.' They clearly are in this case." He pointed out that "here, Justice concluded that the language 'relate in any way to' certain Comey memos was too vague. Courts in this district have agreed with such an appraisal, including in cases involving the same Plaintiff." Dismissing the case, he indicated that "of course, Justice gave Freedom Watch the opportunity to narrow or rephrase its request, but Plaintiff never accepted the invitation."
Issues: Request - Specificity
Opinion/Order [49]
Opinion/Order [57]
FOIA Project Annotation: Ruling in a case consolidating five suits brought by media organizations and public interest groups, Judge James Boasberg has found that the Department of Justice properly withheld a series of contemporaneous memos written by former FBI Director James Comey memorializing his conversations with President Donald Trump under Exemption 7(A) (interference with ongoing investigation or proceeding) because they are part of the current investigation by Special Counsel Robert Mueller into Russian interference with the 2016 presidential election. While Boasberg's decision comes as no surprise as a legal matter, it leaves unanswered questions about how documents such as the Comey memos, the details of which are so frequently in the news, can still remain unknown to the public. Boasberg's decision, in fact, is yet another illustration of how nearly impossible it has become to make a case for public acknowledgment through repeated references in the media, and, now, by Trump's barrage of tweets. The case was brought by CNN, USA Today, the Daily Caller, Judicial Watch, Freedom Watch, and the James Madison Project. To bolster its case for withholding the memos, DOJ submitted an ex parte and in camera affidavit from David W. Archey, Deputy Assistant Director with the Counterintelligence Division. Boasberg accepted that affidavit, but also had the agency produce the memos for in camera review. To aid his deliberations further, Boasberg also received a sealed affidavit from Michael Dreeben, Counsel to the Special Counsel. Boasberg first addressed whether the memos met Exemption 7's threshold requirement that the records were created or compiled for law enforcement purposes. He noted that the Special Counsel's jurisdiction included "the authority to investigate and prosecute federal crimes committed in the course of, and with intent to interfere with, the Special Counsel's investigation, such as perjury, obstruction of justice, destruction of evidence, and intimidation of witnesses." He pointed out that "although the Government has been tight-lipped in its briefing about exactly why the Special Counsel compiled these Memos, the First Archey Declaration confirms that the Office did so for law-enforcement purposes �" i.e., in service of that investigation." Recognizing that the plaintiffs did not have access to the government's in camera affidavits, Boasberg indicated that several plaintiffs argued that Comey created the memos for political purposes, not law enforcement purposes. Boasberg, however, pointed out that "that may be so, but it matters not if the Memos 'were generated on an earlier occasion for a different purpose.'" He explained that "Comey's intent �"whatever it was �" is therefore irrelevant for Exemption 7 purposes." He continued: "Here, the Special Counsel has 'gathered' or 'used' each of the Comey Memos for his investigation. That suffices to satisfy Exemption 7's threshold requirement." The Daily Caller argued that the FBI had found the Comey Memos in its own files, not those of the Special Counsel. Boasberg responded that "this is true, but irrelevant." He pointed out that "the exemption applies to 'documents already collected by the Government originally for non-law-enforcement purposes.' Naturally enough, copies of those documents might remain in their original, innocuous file. But a 'plaintiff may not circumvent the effect of Exemption 7 by seeking information in the investigatory file from other unprotected government sources.' Nor does the agency lose Exemption 7 protection simply because it happened to search for the document there, rather than in the Special Counsel's files. The fact that 'other copies exist in government files does not strip those documents �" and the information they contain �" of their exemption from disclosure.'' Having found the memos were compiled for law enforcement purposes, Boasberg turned to an examination of whether disclosure would interfere with the ongoing investigation. The plaintiffs emphasized that Comey had spoken publicly about the Memos and "they wonder how much damage release could inflict now." Boasberg observed that 'while Comey may have testified about some material in his Memos, he has never disseminated copies publicly." He pointed out that "until the Memos themselves enter the public domain, much remains uncertain about their contents" and explained that "those 'lingering doubts' about the accuracy or thoroughness of Comey's [public] testimony suffice to satisfy Exemption 7(A)." He added that "the important point is that until the Memos are released, the public (or potential witnesses) cannot know how accurate his recall of the Memos' content was." The plaintiffs argued that Justice had waived any exemption claim "principally because Comey testified publicly as to the contents of the documents and also provided a copy of at least one Memo to his personal friend, Columbia Law School Professor Daniel Richman. These actions, they say, forfeited any 'otherwise valid exemption claim,' at least as to those Memos (or portions thereof) publicly discussed." Boasberg disagreed, noting that "in this case, the Director's oral account of the memos is no substitute for the written hard copy." Pointing out that Comey testified after he had been fired from the FBI, Boasberg observed that "statements made by former government officials, even high-level ones, do not constitute official acknowledgement." Although Comey had testified that he considered the Memos his personal recollections, and not official agency records, at the time he disclosed information to Richman, Boasberg explained that "Comey's limited disclosure to one friend, even if made in his official capacity, is insufficient to waive Exemption 7(A) protection." He pointed out that "in this case, the withheld documents are far from 'truly public. On the contrary, they exist �" at most �" in one law professor's possession. Professor Richman's home or office hardly qualifies as the 'public domain.'" The plaintiffs argued that in Students Against Genocide v. Dept of State, 257 F.3d 828 (D.C. Cir. 2001), the D.C. Circuit found that "a disclosure made to any FOIA requester is effectively a disclosure to the world at large." Boasberg observed that "they argue by analogy that a disclosure made to any person had the same effect, but that is a bridge too far. Comey's discretionary release of documents to a close friend is hardly analogous to the agency's release of information due to statutory obligation. . .Here, Comey apparently made a judgment call that he could entrust at least one Memo to Richman without their broader release. His choice to do so did not automatically catapult those documents into the public domain, and the Court will not assume Richman will release them more widely absent evidence to the contrary." Comey had authorized Richman to describe the contents of the Memo to the New York Times, but the Times reporter did not see a copy of the Memo. Boasberg noted that "to the extent Richman still holds copies, he has kept them close to his vest. Were it otherwise, Plaintiffs would have little need to seek the Memos by way of FOIA." Boasberg acknowledged the skewed state of affairs, calling the situation "rather unprecedented." He pointed out that "it is not every day that an FBI Director feels the need to memorialize his conversations with a sitting President and then publicize that he did so. But the caselaw aligns with common sense. The public-domain doctrine exists because release of a 'truly public' document can do little harm to the agency's interests; in that case, the exemption 'can serve no purpose.' Here, by contrast, the Memos are possibly held by one person outside the agency, and the Bureau and Special Counsel still have something to lose by their dissemination to the broader public. The Court therefore holds that Comey's release of any documents to his close friend does not waive the agency's otherwise valid Exemption 7(A) defense."
Issues: Exemption 7(A) - Interference with ongoing investigation, Public domain
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2017-06-151COMPLAINT against FEDERAL BUREAU OF INVESTIGATION ( Filing fee $ 400 receipt number 0090-4991998) filed by CABLE NEWS NETWORK, INC.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Civil Cover Sheet, # 11 Summons, # 12 Summons, # 13 Summons)(Tobin, Charles) Modified on 6/15/2017 (zrdj). (Entered: 06/15/2017)
2017-06-152Corporate Disclosure Statement by CABLE NEWS NETWORK, INC.. (Tobin, Charles) (Entered: 06/15/2017)
2017-06-15Case Assigned to Judge James E. Boasberg. (zsb) (Entered: 06/15/2017)
2017-06-153SUMMONS (3) Issued Electronically as to FEDERAL BUREAU OF INVESTIGATION, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Consent Form)(zsb) (Entered: 06/15/2017)
2017-07-054RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General June 15, 2017. (Tobin, Charles) (Entered: 07/05/2017)
2017-07-055RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. FEDERAL BUREAU OF INVESTIGATION served on 6/15/2017 (Tobin, Charles) (Entered: 07/05/2017)
2017-07-056RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 6/15/2017. Answer due for ALL FEDERAL DEFENDANTS by 7/15/2017. (Tobin, Charles) (Entered: 07/05/2017)
2017-07-107NOTICE of Appearance by Carol Federighi on behalf of FEDERAL BUREAU OF INVESTIGATION (Federighi, Carol) (Entered: 07/10/2017)
2017-07-128Unopposed MOTION for Extension of Time to File Answer re 1 Complaint, by FEDERAL BUREAU OF INVESTIGATION (Attachments: # 1 Text of Proposed Order)(Federighi, Carol) (Entered: 07/12/2017)
2017-07-13MINUTE ORDER GRANTING Unopposed 8 Motion for Extension of Time to File. The Court ORDERS that Defendant shall respond to the Complaint on or before July 31, 2017. Signed by Judge James E. Boasberg on 7/13/17. (lcjeb2) (Entered: 07/13/2017)
2017-07-13Set/Reset Deadlines: Respond due by 7/31/2017. (nbn) (Entered: 07/13/2017)
2017-07-259Unopposed MOTION to Consolidate Cases by FEDERAL BUREAU OF INVESTIGATION (Attachments: # 1 Text of Proposed Order)(Federighi, Carol) (Entered: 07/25/2017)
2017-07-26MINUTE ORDER: The Court ORDERS that: (1) Defendant's 9 Unopposed Motion to Consolidate Cases is GRANTED; (2) the cases Cable News Network, Inc. v. Federal Bureau of Investigation, No. 17-1167; Gannett Satellite Information Network LLC v. Department of Justice, No. 17-1175; Judicial Watch, Inc., v. Department of Justice, No. 17-1189; and Freedom Watch, Inc., v. Department of Justice, No. 17-1212, shall be CONSOLIDATED; (3) all filings in these consolidated cases shall be made only in the first-filed case, 17-1167; and (4) the Clerk is directed to administratively close any of the open cases that are being consolidated. Signed by Judge James E. Boasberg on 7/26/17. (lcjeb2) (Entered: 07/26/2017)
2017-07-3110ANSWER to Complaint by FEDERAL BUREAU OF INVESTIGATION.(Federighi, Carol) (Entered: 07/31/2017)
2017-07-31MINUTE ORDER: The Court ORDERS that all parties in this consolidated case shall meet, confer, and submit a proposed briefing schedule on or before August 14, 2017. Signed by Judge James E. Boasberg on 7/31/17. (lcjeb2) (Entered: 07/31/2017)
2017-08-01Set/Reset Deadlines: Proposed Briefing Schedule due by 8/14/2017 (lsj) (Entered: 08/01/2017)
2017-08-0211ANSWER to Complaint in No. 17-1175 by DEPARTMENT OF JUSTICE.(Federighi, Carol) (Entered: 08/02/2017)
2017-08-03NOTICE OF ERROR re 11 Answer to Complaint; emailed to carol.federighi@usdoj.gov, cc'd 13 associated attorneys -- The PDF file you docketed contained errors: 1. In future, also include lead case number on all documents. Do not refile. (znmw, ) (Entered: 08/03/2017)
2017-08-0812NOTICE of Appearance by Mark Steven Zaid on behalf of GANNETT SATELLITE INFORMATION NETWORK, LLC, GARRETT GRAFF, BRAD HEATH, LACHLAN MARKAY, GANNETT SATELLITE INFORMATION NETWORK, LLC, GARRETT GRAFF, BRAD HEATH, JAMES MADISON PROJECT, LACHLAN MARKAY Associated Cases: 1:17-cv-01167-JEB, 1:17-cv-01175-JEB(Zaid, Mark) (Entered: 08/08/2017)
2017-08-1413PROPOSED BRIEFING SCHEDULE re Order (Joint) by DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF INVESTIGATION. (Federighi, Carol) (Entered: 08/14/2017)
2017-08-15MINUTE ORDER: Per the parties' 13 Proposed Briefing Schedule, the Court ORDERS that: (1) As to the Comey memos, Defendants shall file their motion for summary judgment and Vaughn declaration on or before October 11, 2017; Plaintiffs shall file their opposition and cross-motion for summary judgment on or before November 1, 2017; Defendants shall file their reply and opposition to the cross-motion on or before November 21, 2017; and Plaintiffs shall file their reply on or before December 6, 2017; (2) As to Freedom Watch's request to DOJ's Criminal Division, Defendants shall file their motion for judgment on the pleadings or for summary judgment on or before August 18, 2017; Freedom Watch shall file its opposition on or before September 1, 2017; and Defendants shall file their reply on or before September 15, 2017; (3) As to the remainder of Plaintiffs' FOIA requests, the parties shall submit a further status report on or before September 18, 2017. Signed by Judge James E. Boasberg on 8/15/17. (lcjeb2, ) (Entered: 08/15/2017)
2017-08-15Set/Reset Deadlines: Summary Judgment motions due by 10/11/2017. Response to Motion for Summary Judgment due by 11/1/2017. Reply to Motion for Summary Judgment due by 11/21/2017. Replies due by 12/6/2017. Motion for judgment on the pleadings or for summary judgment by 8/18/2017. Opposition due by 9/1/2017. Reply due by 9/15/2017. Status Report due by 9/18/2017. (nbn) (Entered: 08/16/2017)
2017-08-1814MOTION for Judgment on the Pleadings or, in the Alternative, for Summary Judgment by DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF INVESTIGATION (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Declaration of Gail Brodfuehrer, # 4 Text of Proposed Order, # 5 Text of Proposed Order)(Federighi, Carol). Added MOTION for Summary Judgment on 8/21/2017 (znmw). (Entered: 08/18/2017)
2017-09-0715Unopposed MOTION to Consolidate Cases by THE DAILY CALLER NEWS FOUNDATION (Attachments: # 1 Text of Proposed Order)(Bekesha, Michael) (Entered: 09/07/2017)
2017-09-07MINUTE ORDER: The Court ORDERS that: 1) Plaintiff DCNF's 15 Motion to Consolidate is GRANTED; 2) Case No. 17-1830 is CONSOLIDATED with No. 17-1167 and the other cases already consolidated therein; (3) All filings in these consolidated cases shall be made only in the first-filed case, No. 17-1167; (4) DCNF shall abide by all previously established deadlines; and (5) The Clerk is directed to administratively close No. 17-1830. Signed by Judge James E. Boasberg on 9/7/2017. (lcjeb2) (Entered: 09/07/2017)
2017-09-1316RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 9/11/2017. ( Answer due for ALL FEDERAL DEFENDANTS by 10/11/2017.), RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 9/11/2017., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF JUSTICE served on 9/11/2017 (Attachments: # 1 Affidavit of Cristina Rotaru)(Bekesha, Michael) (Entered: 09/13/2017)
2017-09-1817Joint STATUS REPORT by DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF INVESTIGATION. (Federighi, Carol) (Entered: 09/18/2017)
2017-09-19MINUTE ORDER: Per the parties' 17 Joint Status Report, the Court ORDERS that the parties shall submit a status report or a proposed briefing schedule on or before October 25, 2017. Signed by Judge James E. Boasberg on 9/19/2017. (lcjeb2) (Entered: 09/19/2017)
2017-09-19Set/Reset Deadlines: Brief due by 10/25/2017. (nbn) (Entered: 09/19/2017)
2017-09-2218ORDER GRANTING Defendant Department of Justice's 14 Motion for Summary Judgment and ENTERING JUDGMENT as to that Defendant in Case No. 17-1212 only. Signed by Judge James E. Boasberg on 9/22/2017. (lcjeb2) (Entered: 09/22/2017)
2017-09-2219MEMORANDUM OPINION re 18 Order on Motion for Summary Judgment. Signed by Judge James E. Boasberg on 9/22/2017. (lcjeb2) (Entered: 09/22/2017)
2017-10-0520Unopposed MOTION for Extension of Time to File Motion for Summary Judgment by DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF INVESTIGATION (Attachments: # 1 Text of Proposed Order)(Federighi, Carol) (Entered: 10/05/2017)
2017-10-06MINUTE ORDER GRANTING 20 Motion for Extension of Time to File. The Court ORDERS that: (1) Defendants shall file their motion for summary judgment and Vaughn declaration as to the Comey memos on or before October 13, 2017; (2) Plaintiffs shall file their opposition and cross-motion for summary judgment on or before November 3, 2017; (3) Defendants shall file their reply and opposition to the cross-motion on or before November 29, 2017; and (4) Plaintiffs shall file their reply on or before December 14, 2017. So ORDERED by Judge James E. Boasberg on 10/6/2017. (lcjeb2) (Entered: 10/06/2017)
2017-10-06Set/Reset Deadlines: Summary Judgment motions due by 10/13/2017. Response to Motion for Summary Judgment due by 11/3/2017. Reply to Motion for Summary Judgment due by 11/29/2017. Plaintiffs' Replies due by 12/14/2017. (lsj) (Entered: 10/06/2017)
2017-10-1121ANSWER to Complaint in No. 17-1830 by DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF INVESTIGATION.(Federighi, Carol) (Entered: 10/11/2017)
2017-10-1322MOTION for Partial Summary Judgment (Partial) by DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF INVESTIGATION (Attachments: # 1 Memorandum in Support, # 2 Declaration of David Hardy, # 3 Exhibit to Hardy Decl (CNN-A to CNN-F), # 4 Exhibit to Hardy Decl (USA Today-A to USA Today-D), # 5 Exhibit to Hardy Decl (JMPGraff-A to JMPGraff-F), # 6 Exhibit to Harcy Decl (JMPMarkay-A to JMPMarkay-E), # 7 Exhibit to Hardy Decl (Judicial Watch-A to Judicial Watch-D), # 8 Exhibit to Hardy Decl (Freedom Watch-A to Freedom Watch-D), # 9 Exhibit to Hardy Decl (Daily Caller-A to Daily Caller-F), # 10 Statement of Facts, # 11 Text of Proposed Order)(Federighi, Carol) Modified event title on 10/16/2017 (znmw). (Entered: 10/13/2017)
2017-10-1323MOTION for Leave to File /Submit In Camera, Ex Parte Declaration by DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF INVESTIGATION (Attachments: # 1 Text of Proposed Order)(Federighi, Carol) (Entered: 10/13/2017)
2017-10-1824Joint STATUS REPORT (Second) by DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF INVESTIGATION. (Federighi, Carol) (Entered: 10/18/2017)
2017-10-19MINUTE ORDER: Per the parties' 24 Status Report, the Court ORDERS that they shall, by November 8, 2017, submit a further joint report, which may include a proposed briefing schedule. So ORDERED by Judge James E. Boasberg on 10/19/2017. (lcjeb2) (Entered: 10/19/2017)
2017-10-19Set/Reset Deadlines: Joint Status Report due by 11/8/2017. (nbn) (Entered: 10/19/2017)
2017-11-0325Cross MOTION for Summary Judgment by CABLE NEWS NETWORK, INC. (Attachments: # 1 Declaration of Charles D. Tobin, # 2 Tobin Decl., Ex. 1, # 3 Tobin Decl., Ex. 2, # 4 Tobin Decl., Ex. 3, # 5 Tobin Decl., Ex. 4, # 6 Tobin Decl., Ex. 5, # 7 Tobin Decl., Ex. 6, # 8 Tobin Decl., Ex. 7, # 9 Tobin Decl., Ex. 8, # 10 Tobin Decl., Ex. 9, # 11 Tobin Decl., Ex. 10, # 12 Tobin Decl., Ex. 11, # 13 Tobin Decl., Ex. 12, # 14 Tobin Decl., Ex. 13, # 15 Tobin Decl., Ex. 14, # 16 Tobin Decl., Ex. 15, # 17 Tobin Decl., Ex. 16, # 18 Tobin Decl., Ex. 17, # 19 Tobin Decl., Ex. 18, # 20 Tobin Decl., Ex. 19, # 21 Text of Proposed Order, # 22 Text of Proposed Order)(Tobin, Charles) (Entered: 11/03/2017)
2017-11-0326Memorandum in opposition to re 23 MOTION for Leave to File /Submit In Camera, Ex Parte Declaration , 22 MOTION for Partial Summary Judgment filed by CABLE NEWS NETWORK, INC.. (Attachments: # 1 Declaration of Charles D. Tobin, # 2 Tobin Decl., Ex. 1, # 3 Tobin Decl., Ex. 2, # 4 Tobin Decl., Ex. 3, # 5 Tobin Decl., Ex. 4, # 6 Tobin Decl., Ex. 5, # 7 Tobin Decl., Ex. 6, # 8 Tobin Decl., Ex. 7, # 9 Tobin Decl., Ex. 8, # 10 Tobin Decl., Ex. 9, # 11 Tobin Decl., Ex. 10, # 12 Tobin Decl., Ex. 11, # 13 Tobin Decl., Ex. 12, # 14 Tobin Decl., Ex. 13, # 15 Tobin Decl., Ex. 14, # 16 Tobin Decl., Ex. 15, # 17 Tobin Decl., Ex. 16, # 18 Tobin Decl., Ex. 17, # 19 Tobin Decl., Ex. 18, # 20 Tobin Decl., Ex. 19, # 21 Text of Proposed Order, # 22 Text of Proposed Order)(Tobin, Charles) (Entered: 11/03/2017)
2017-11-0327Memorandum in opposition to re 22 MOTION for Partial Summary Judgment filed by DAILY CALLER NEWS FOUNDATION. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Text of Proposed Order)(Bekesha, Michael) (Entered: 11/03/2017)
2017-11-0328Cross MOTION for Summary Judgment by DAILY CALLER NEWS FOUNDATION (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Text of Proposed Order)(Bekesha, Michael) (Entered: 11/03/2017)
2017-11-0329Memorandum in opposition to re 22 MOTION for Partial Summary Judgment filed by GANNETT SATELLITE INFORMATION NETWORK, LLC, GARRETT GRAFF, BRAD HEATH, LACHLAN MARKAY. (Attachments: # 1 Exhibit 1 - Moss Declaration, # 2 Statement of Facts Response, # 3 Text of Proposed Order)(Moss, Bradley) (Entered: 11/03/2017)
2017-11-0330Cross MOTION for Summary Judgment (Partial) by GANNETT SATELLITE INFORMATION NETWORK, LLC, GARRETT GRAFF, BRAD HEATH, LACHLAN MARKAY (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Text of Proposed Order)(Moss, Bradley) (Entered: 11/03/2017)
2017-11-0331Memorandum in opposition to re 22 MOTION for Partial Summary Judgment filed by JUDICIAL WATCH, INC.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Text of Proposed Order)(Orfanedes, Paul) (Entered: 11/03/2017)
2017-11-0332Cross MOTION for Summary Judgment by JUDICIAL WATCH, INC. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Text of Proposed Order)(Orfanedes, Paul) (Entered: 11/03/2017)
2017-11-0333RESPONSE re 22 MOTION for Partial Summary Judgment and Motion Under Federal Rules of Civil Procedure 56(d) filed by FREEDOM WATCH, INC.. (Attachments: # 1 Affidavit)(Klayman, Larry) (Entered: 11/03/2017)
2017-11-0834Joint STATUS REPORT (Third) by DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF INVESTIGATION. (Federighi, Carol) (Entered: 11/08/2017)
2017-11-09MINUTE ORDER: Per the parties' 34 Joint Status Report, the Court ORDERS that: (1) Defendants shall file their motion for summary judgment and Vaughn declaration on or before January 12, 2018; (2) Plaintiffs shall file their cross-motion for summary judgment and opposition on or before February 2, 2018; (3) Defendants shall file their opposition and reply brief on or before February 23, 2018; and (4) Plaintiffs shall file their reply brief on or before March 9, 2018. So ORDERED by Judge James E. Boasberg on 11/09/2017. (lcjeb2) (Entered: 11/09/2017)
2017-11-09Set/Reset Deadlines: Summary Judgment motions due by 1/12/2018. Response to Motion for Summary Judgment due by 2/2/2018. Reply to Motion for Summary Judgment due by 2/23/2018. Replies due by 3/9/2018. (nbn) (Entered: 11/09/2017)
2017-11-2235MOTION for Extension of Time to File Response/Reply as to 23 MOTION for Leave to File /Submit In Camera, Ex Parte Declaration , 22 MOTION for Partial Summary Judgment, 25 Cross MOTION for Summary Judgment , 32 Cross MOTION for Summary Judgment , 28 Cross MOTION for Summary Judgment , 30 Cross MOTION for Summary Judgment (Partial) by DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF INVESTIGATION (Federighi, Carol) (Entered: 11/22/2017)
2017-11-28MINUTE ORDER GRANTING Defendants' 35 Motion for Extension of Time to File. The Court ORDERS that Defendants' Opposition and Reply shall be due December 6, 2017, and that Plaintiffs' Replies shall be due December 21, 2017. So ORDERED by Judge James E. Boasberg on 11/28/2017. (lcjeb2) (Entered: 11/28/2017)
2017-11-29Set/Reset Deadlines: Responses due by 12/6/2017. Replies due by 12/21/2017. (nbn) (Entered: 11/29/2017)
2017-12-0636Memorandum in opposition to re 25 Cross MOTION for Summary Judgment , 28 Cross MOTION for Summary Judgment , 32 Cross MOTION for Summary Judgment , 30 Cross MOTION for Summary Judgment (Partial) filed by DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF INVESTIGATION. (Attachments: # 1 Declaration Second Hardy Declaration, # 2 Response to CNN SOMF, # 3 Response to Gannett SOMF, # 4 Response to JW SOMF, # 5 Response to DCNF SOMF, # 6 Text of Proposed Order)(Federighi, Carol) (Entered: 12/06/2017)
2017-12-0637REPLY to opposition to motion re 23 MOTION for Leave to File /Submit In Camera, Ex Parte Declaration , 22 MOTION for Partial Summary Judgment filed by DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF INVESTIGATION. (Attachments: # 1 Second Hardy Declaration)(Federighi, Carol) (Entered: 12/06/2017)
2017-12-0738RESPONSE re 30 Cross MOTION for Summary Judgment (Partial) Statement of Material Facts filed by DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF INVESTIGATION. (Federighi, Carol) (Entered: 12/07/2017)
2017-12-1339REPLY to opposition to motion re 32 Cross MOTION for Summary Judgment filed by JUDICIAL WATCH, INC.. (Orfanedes, Paul) (Entered: 12/13/2017)
2017-12-1840REPLY to opposition to motion re 30 Cross MOTION for Summary Judgment (Partial) filed by GANNETT SATELLITE INFORMATION NETWORK, LLC, GARRETT GRAFF, BRAD HEATH, LACHLAN MARKAY. (Moss, Bradley) (Entered: 12/18/2017)
2017-12-2141REPLY to opposition to motion re 28 Cross MOTION for Summary Judgment filed by DAILY CALLER NEWS FOUNDATION. (Bekesha, Michael) (Entered: 12/21/2017)
2017-12-2142REPLY to opposition to motion re 25 Cross MOTION for Summary Judgment filed by CABLE NEWS NETWORK, INC.. (Attachments: # 1 Declaration Second Declaration of Charles D. Tobin, # 2 Exhibit A to the Second Decl. of C. Tobin, # 3 Exhibit B to the Second Decl. of C. Tobin, # 4 Exhibit C to the Second Decl. of C. Tobin, # 5 Exhibit D to the Second Decl. of C. Tobin, # 6 Exhibit E to the Second Decl. of C. Tobin, # 7 Exhibit F to the Second Decl. of C. Tobin, # 8 Exhibit G to the Second Decl. of C. Tobin, # 9 Exhibit H to the Second Decl. of C. Tobin)(Tobin, Charles) (Entered: 12/21/2017)
2017-12-2143NOTICE of Joinder to Replies Filed by FREEDOM WATCH, INC. (Klayman, Larry) (Entered: 12/21/2017)
2018-01-0944Unopposed MOTION for Extension of Time to File Second Motion for Partial Summary Judgment by DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF INVESTIGATION (Federighi, Carol) (Entered: 01/09/2018)
2018-01-10MINUTE ORDER GRANTING 44 Motion for Extension of Time to File. The Court ORDERS that Defendants shall file their Second Motion for Partial Summary Judgment on or before January 19, 2018. So ORDERED by Judge James E. Boasberg on 01/10/2018. (lcjeb2) (Entered: 01/10/2018)
2018-01-10Set/Reset Deadlines: Second Motion for Partial Summary Judgment due by 1/19/2018. (nbn) (Entered: 01/10/2018)
2018-01-11MINUTE ORDER: The Court ORDERS that: 1) The Government's 23 Motion is GRANTED, and it shall file its Ex Parte Declaration by January 18, 2018; and 2) By the same date, the Government shall submit all withheld documents for the Court's in camera review. So ORDERED by Judge James E. Boasberg on 01/11/2018. (lcjeb2) (Entered: 01/11/2018)
2018-01-11Set/Reset Deadlines: Ex Parte Declaration due by 1/18/2018. (nbn) (Entered: 01/12/2018)
2018-01-1945Second MOTION for Partial Summary Judgment by DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF INVESTIGATION (Attachments: # 1 Memorandum in Support, # 2 Exhibit A: Third Hardy Declaration, # 3 Exhibit B: Castellano Declaration, # 4 Statement of Facts, # 5 Text of Proposed Order)(Federighi, Carol) Modified event title on 1/22/2018 (znmw). (Entered: 01/19/2018)
2018-01-1946MOTION for Leave to File /Submit Second In Camera, Ex Parte Declaration by DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF INVESTIGATION (Attachments: # 1 Text of Proposed Order)(Federighi, Carol) (Entered: 01/19/2018)
2018-02-0147NOTICE of Submission of Third In Camera, Ex Parte Declaration by DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF INVESTIGATION re 22 MOTION for Partial Summary Judgment (Federighi, Carol) (Entered: 02/01/2018)
2018-02-0248ORDER: The Court ORDERS that: 1) Defendants' 22 Motion for Partial Summary Judgment is GRANTED; 2) Plaintiffs' 25 28 30 32 Cross-Motions for Summary Judgment are DENIED; 3) Plaintiff Freedom Watch's 33 Motion under Rule 56(d) is DENIED; and 4) Judgment is ENTERED in favor of Defendants in Case Nos. 17-1167, 17-1189, and 17-1830. Signed by Judge James E. Boasberg on 2/2/2018. (lcjeb3) (Entered: 02/02/2018)
2018-02-0249MEMORANDUM OPINION re 48 Order Granting Defendants' Motion for Partial Summary Judgment. Signed by Judge James E. Boasberg on 2/2/2018. (lcjeb3) (Entered: 02/02/2018)
2018-02-0250Memorandum in opposition to re 45 MOTION for Partial Summary Judgment filed by GANNETT SATELLITE INFORMATION NETWORK, LLC, GARRETT GRAFF, BRAD HEATH, LACHLAN MARKAY. (Attachments: # 1 Statement of Facts Response, # 2 Text of Proposed Order)(Moss, Bradley) (Entered: 02/02/2018)
2018-02-0551NOTICE OF APPEAL TO DC CIRCUIT COURT as to 49 Memorandum & Opinion, 48 Order on Motion for Partial Summary Judgment, by DAILY CALLER NEWS FOUNDATION, JUDICIAL WATCH, INC.. Filing fee $ 505, receipt number 0090-5318360. Fee Status: Fee Paid. Parties have been notified. (Orfanedes, Paul) (Entered: 02/05/2018)
2018-02-0552NOTICE OF APPEAL TO DC CIRCUIT COURT as to 48 Order on Motion for Partial Summary Judgment, by CABLE NEWS NETWORK, INC.. Filing fee $ 505, receipt number 0090-5318719. Fee Status: Fee Paid. Parties have been notified. (Tobin, Charles) (Entered: 02/05/2018)
2018-02-0653Transmission of the Notice of Appeal, Order Appealed (Memorandum Opinion), and Docket Sheet to US Court of Appeals. The Court of Appeals fee was paid this date re 51 Notice of Appeal to DC Circuit Court. (znmw) (Entered: 02/06/2018)
2018-02-0654Transmission of the Notice of Appeal, Order Appealed (Memorandum Opinion), and Docket Sheet to US Court of Appeals. The Court of Appeals fee was paid this date re 52 Notice of Appeal to DC Circuit Court. (znmw) (Entered: 02/06/2018)
2018-02-0955REPLY to opposition to motion re 45 MOTION for Partial Summary Judgment filed by DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF INVESTIGATION. (Attachments: # 1 Declaration of David Hardy (Fourth))(Federighi, Carol) (Entered: 02/09/2018)
2018-02-13MINUTE ORDER: The Court ORDERS that: 1) Defendants' 46 Motion for Leave to Submit Second In Camera Declaration is GRANTED; and 2) By February 16, 2018, Defendants shall submit such Declaration in camera along with the withheld pages themselves. So ORDERED by Judge James E. Boasberg on 2/13/2018. (lcjeb2) (Entered: 02/13/2018)
2018-02-13Set/Reset Deadlines: Defendants shall submit such Declaration in camera along with the withheld pages themselves by 2/16/2018. (nbn) (Entered: 02/14/2018)
2018-02-15USCA Case Number 18-5041 for 52 Notice of Appeal to DC Circuit Court filed by CABLE NEWS NETWORK, INC. (zrdj) (Entered: 02/15/2018)
2018-02-15USCA Case Number 18-5042 for 51 Notice of Appeal to DC Circuit Court, filed by DAILY CALLER NEWS FOUNDATION, JUDICIAL WATCH, INC.. (td) (Entered: 02/23/2018)
2018-02-2356ORDER GRANTING Defendants' 45 Motion for Partial Summary Judgment. The Court ORDERS that: (1) Defendants' Motion for Summary Judgment is GRANTED, provided that the Government shall produce to Plaintiffs the redacted version of one document; and (2) Judgment is ENTERED for Defendants against all Plaintiffs in case number 17-1175, and Freedom Watch, Inc. in case number 17-1212. Signed by Judge James E. Boasberg on 2/23/18. Associated Cases: 1:17-cv-01167-JEB, 1:17-cv-01175-JEB, 1:17-cv-01189-JEB, 1:17-cv-01212-JEB (lcjeb1) (Entered: 02/23/2018)
2018-02-2357MEMORANDUM OPINION re 56 Order. Signed by Judge James E. Boasberg on 2/23/18. Associated Cases: 1:17-cv-01167-JEB, 1:17-cv-01175-JEB, 1:17-cv-01189-JEB, 1:17-cv-01212-JEB(lcjeb1) (Entered: 02/23/2018)
2018-02-2658CLERK'S JUDGMENT in favor of the Defendants and against the Plaintiffs. Signed by Judge James E. Boasberg on 2/26/18. (lsj) (Entered: 02/26/2018)
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