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Case TitleBoundaoui v. Federal Bureau of Investigation et al
DistrictNorthern District of Illinois
CityChicago
Case Number1:2017cv04782
Date Filed2017-06-26
Date ClosedOpen
JudgeHonorable Thomas M. Durkin
PlaintiffAssia Boundaoui
Case DescriptionAssia Bourndaoui, a journalist and filmmaker, submitted a FOIA request to the Department of Justice for records concerning Operation Vulgar Betrayal, an anti-terrorism operation conducted during the 1990s and 2000s targeting Arab neighborhoods in Chicago. Boundaoui also requested expedited processing and a fee waiver, both of which were denied. Boundaoui filed an administrative appeal. She was subsequently told by the FBI that her request would take three years to process. She then filed suit.
Complaint issues: Failure to respond within statutory time limit, Expedited processing, Litigation - Attorney's fees

DefendantFederal Bureau of Investigation
DefendantU.S. Department of Justice
Documents
Docket
Complaint
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2017-06-261COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF filed by Assia Boundaoui; Filing fee $ 400, receipt number 0752-13318020.(Croke, Patrick) (Entered: 06/26/2017)
2017-06-262CIVIL Cover Sheet (Croke, Patrick) (Entered: 06/26/2017)
2017-06-263ATTORNEY Appearance for Plaintiff Assia Boundaoui by Patrick Edward Croke (Croke, Patrick) (Entered: 06/26/2017)
2017-06-27CASE ASSIGNED to the Honorable Thomas M. Durkin. Designated as Magistrate Judge the Honorable Maria Valdez. (nsf, ) (Entered: 06/27/2017)
2017-06-274NOTICE TO THE PARTIES - The Court is participating in the Mandatory Initial Discovery Pilot (MIDP). The key features and deadlines are set forth in the attached Notice which includes the MIDP Standing Order. Also attached is a checklist for use by the parties. In cases subject to the pilot, all parties must respond to the mandatory initial discovery requests set forth in the Standing Order before initiating any further discovery in this case. Please note: The discovery obligations in the Standing Order supersede the disclosures required by Rule 26(a)(1). Any party seeking affirmative relief must serve a copy of the attached documents (Notice to Parties and the Standing Order) on each new party when the Complaint, Counterclaim, Crossclaim, or Third-Party Complaint is served. (gcy, ) (Entered: 06/27/2017)
2017-06-28SUMMONS Issued as to Defendant Federal Bureau of Investigation (pg, ) (Entered: 06/28/2017)
2017-07-185MOTION for Leave to Appear Pro Hac Vice Filing fee $ 50, receipt number 0752-13387847. (Poletto, Alexa) (Entered: 07/18/2017)
2017-07-196MINUTE entry before the Honorable Thomas M. Durkin:Application to appear pro hac vice 5 is granted; Attorney Alexa Poletto for Assia Boundaoui added. Mailed notice (srn, ) (Entered: 07/19/2017)
2017-07-207ORDER: Joint status report due by 8/10/2017. Status hearing set for 8/14/2017 at 09:00 AM. Signed by the Honorable Thomas M. Durkin on 7/20/2017:Mailed notice(srn, ) (Entered: 07/20/2017)
2017-07-268SUMMONS Returned Executed by Assia Boundaoui as to Federal Bureau of Investigation served on 7/5/2017, answer due 9/5/2017 (Croke, Patrick) (Entered: 07/26/2017)
2017-07-269SUMMONS Returned Executed by Assia Boundaoui as to U.S. Department of Justice served on 6/30/2017, answer due 8/29/2017 (Croke, Patrick) (Entered: 07/26/2017)
2017-07-2810ATTORNEY Appearance for Defendants Federal Bureau of Investigation, U.S. Department of Justice by Marcia Kay Sowles (Sowles, Marcia) (Entered: 07/28/2017)
2017-07-2811MOTION by Defendants Federal Bureau of Investigation, U.S. Department of Justice for extension of time to file answer regarding complaint 1 and for Postponement of Initial Status Conference 6 (Sowles, Marcia) (Entered: 07/28/2017)
2017-07-2812NOTICE of Motion by Marcia Kay Sowles for presentment of before Honorable Thomas M. Durkin on 8/3/2017 at 09:00 AM. (Sowles, Marcia) (Entered: 07/28/2017)
2017-07-2813MINUTE entry before the Honorable Thomas M. Durkin:Defendants' unopposed motion for extension of time to 8/14/2017 to answer or otherwise plead 11 is granted. The 8/14/2017 status date is vacated and reset for 8/28/2017 at 09:00 AM. Joint status report is to be filed by 8/23/2017. No appearance is required on 8/3/2017. Mailed notice (srn, ) (Entered: 07/28/2017)
2017-08-1214Defendants' ANSWER to Complaint by Federal Bureau of Investigation, U.S. Department of Justice(Sowles, Marcia) (Entered: 08/12/2017)
2017-08-2215MOTION for Leave to Appear Pro Hac Vice Filing fee $ 50, receipt number 0752-13501285. (Mann, Michael) (Entered: 08/22/2017)
2017-08-2216MINUTE entry before the Honorable Thomas M. Durkin:Application to appear pro hac vice 15 is granted; Attorney Michael Mann for Assia Boundaoui added. Mailed notice (srn, ) (Entered: 08/22/2017)
2017-08-2317STATUS Report (Initial Joint Status Report) by Assia Boundaoui (Mann, Michael) (Entered: 08/23/2017)
2017-08-2818MINUTE entry before the Honorable Thomas M. Durkin:Status hearing held on 8/28/2017 and continued to 9/6/2017 at 09:00 AM.Mailed notice (srn, ) (Entered: 08/29/2017)
2017-09-0519MINUTE entry before the Honorable Thomas M. Durkin:Any party wishing to participate telephonically at the 9/6/2017 status hearing is directed to call 877-402-9757, access code 4410831 promptly at 9:00 a.m.Mailed notice (srn, ) (Entered: 09/05/2017)
2017-09-0620MINUTE entry before the Honorable Thomas M. Durkin:Status hearing held on 9/6/2017 and continued to 9/13/2017 at 08:45 AM. The parties are to submit a joint status report by noon on 9/12/2017. Mailed notice (srn, ) (Entered: 09/06/2017)
2017-09-0621ATTORNEY Appearance for Plaintiff Assia Boundaoui by Christina W. Abraham (Abraham, Christina) (Entered: 09/06/2017)
2017-09-0822MOTION by Defendants Federal Bureau of Investigation, U.S. Department of Justicefor Relief from Standing Order Regarding Mandatory Initial Discovery Pilot Program (Sowles, Marcia) (Entered: 09/08/2017)
2017-09-0823MEMORANDUM by Federal Bureau of Investigation, U.S. Department of Justice in support of motion for relief from standing order regarding Mandatory Initial discovery Pilot Project 22 . (Sowles, Marcia) Docket Text Modified by Clerk's Office on 9/11/2017 (jh, ). (Entered: 09/08/2017)
2017-09-0824NOTICE of Motion by Marcia Kay Sowles for presentment of motion for Standing Order Regarding Mandatory Initial Discovery Pilot Project 22 before Honorable Thomas M. Durkin on 9/13/2017 at 09:00 AM. (Sowles, Marcia) Docket Text Modified by Clerk's Office on 9/11/2017 (jh, ). (Entered: 09/08/2017)
2017-09-1225NOTICE by Federal Bureau of Investigation, U.S. Department of Justice re status hearing, set/reset hearings 20 (Attachments: # 1 Defendants' Postion on Rate of Production)(Sowles, Marcia) (Entered: 09/12/2017)
2017-09-1226Second Joint Status Update by Assia Boundaoui (Attachments: # 1 Plaintiff's Addendum)(Poletto, Alexa) (Entered: 09/12/2017)
2017-09-1227NOTICE by Assia Boundaoui re Addendum to Second Joint Status Report 26 . (Poletto, Alexa) Docket Text Modified by Clerk's Office on 9/14/2017 (jh, ). (Entered: 09/12/2017)
2017-09-1328MINUTE entry before the Honorable Thomas M. Durkin:Status hearing held on 9/13/2017. Status hearing set for 9/20/2017 at 08:45 AM.Mailed notice (srn, ) (Entered: 09/13/2017)
2017-09-1929MINUTE entry before the Honorable Thomas M. Durkin:Any party wishing to participate telephonically at the 9/20/2017 status hearing is instructed to call 877-402-9757, access code 4410831, promptly at 8:45 a.m. Mailed notice (srn, ) (Entered: 09/19/2017)
2017-09-1930MOTION by Defendants Federal Bureau of Investigation, U.S. Department of Justice to stay case pursuant to 5 U.S.C. 552(a)(6)(C) (Sowles, Marcia) (Entered: 09/19/2017)
2017-09-1931MEMORANDUM by Federal Bureau of Investigation, U.S. Department of Justice in support of motion to stay 30 (Attachments: # 1 Declaration David M. Hardy, # 2 Exhibit Exhibits A - Q to Declaration of David M. Hardy)(Sowles, Marcia) (Entered: 09/19/2017)
2017-09-1932NOTICE of Motion by Marcia Kay Sowles for presentment of motion to stay 30 before Honorable Thomas M. Durkin on 9/27/2017 at 09:00 AM. (Sowles, Marcia) (Entered: 09/19/2017)
2017-09-1933MOTION by Plaintiff Assia Boundaoui to compel expedited processing of Plaintiff's Freedom of Information Act Request (Attachments: # 1 Proposed Order)(Poletto, Alexa) (Entered: 09/19/2017)
2017-09-1934NOTICE of Motion by Alexa Poletto for presentment of motion to compel 33 before Honorable Thomas M. Durkin on 9/20/2017 at 08:45 AM. (Poletto, Alexa) (Entered: 09/19/2017)
2017-09-2035DECLARATION of David M. Hardy regarding memorandum in support of motion 31 , motion to stay 30 (Attachments: # 1 Exhibit A-Q)(Sowles, Marcia) (Entered: 09/20/2017)
2017-09-2036MINUTE entry before the Honorable Thomas M. Durkin:Status hearing held on 9/20/2017. Responses to the motions to compel 33 and to stay 30 are due by 9/22/2017. Defense counsel is to file a supplement to their motion with a listing of cases that have been granted or denied, where the relief sought is identical to this motion. Status hearing set for 9/26/2017 at 08:45 AM. Counsel is directed to call 877-402-9757, access code 4410831 to participate in the hearing. Mailed notice (srn, ) (Entered: 09/20/2017)
2017-09-2237MEMORANDUM by Federal Bureau of Investigation, U.S. Department of Justice in Opposition to motion to compel 33 (Sowles, Marcia) (Entered: 09/22/2017)
2017-09-2238NOTICE by Federal Bureau of Investigation, U.S. Department of Justice re status hearing,, set motion and R&R deadlines/hearings, 36 , MOTION by Defendants Federal Bureau of Investigation, U.S. Department of Justice to stay case pursuant to 5 U.S.C. 552(a)(6)(C) 30 (Attachments: # 1 Exhibit List of Cases in Which Government Filed a Motion for an Open America Stay)(Sowles, Marcia) (Entered: 09/22/2017)
2017-09-2239RESPONSE by Assia Boundaouiin Opposition to MOTION by Defendants Federal Bureau of Investigation, U.S. Department of Justice to stay case pursuant to 5 U.S.C. 552(a)(6)(C) 30 (Poletto, Alexa) (Entered: 09/22/2017)
2017-09-2640MINUTE entry before the Honorable Thomas M. Durkin: Defendants' motion for an Open America stay 30 is denied for the reasons stated in open court. Plaintiff's motion for expedited processing of her September 26, 2016 FOIA request 33 is granted for the reasons stated in open court. Defendants are ordered to: (1) produce volumes 1-5 and 5(a) of responsive documents (approximately 1,649 pages prior to applicable exemptions) on or before October 16, 2017; (2) review the approximately 33,120 pages of documents already identified by defendants as responsive to plaintiff's FOIA request on a rolling basis of 3,500 pages per month beginning the month of October 16, 2017 to November 16, 2017; and (3) give priority to the sub-files of individuals for whom plaintiff provides privacy waivers by appropriate means on or before October 16, 2017.The Court further orders that plaintiff pay the required fees on or before October 16, 2017. Any issue of whether the fees should be waived and thus reimbursed to plaintiff should be addressed on summary judgment. To the extent plaintiff seeks to challenge the FBI's search identifying 33,120 pages of relevant documents involving the Operation Vulgar Betrayal criminal investigation and seeks review of documents beyond those identified documents, that issue likewise should be addressed in the context of a motion for summary judgment. The expedited processing need not include such documents. The parties should provide monthly written status reports reporting on the compliance with this order. The first report will be due on October 20, 2017. Defendant's motion for relief from MIDP 22 is granted. Status hearing held on 9/26/2017.Mailed notice (srn, ) (Entered: 09/26/2017)
2017-09-2941TRANSCRIPT OF PROCEEDINGS held on 9/6/17 before the Honorable Thomas M. Durkin. Telephone status. Order Number: 28391. Court Reporter Contact Information: Laura Renke, OfficialTranscript@gmail.com, 312.435.6053. IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 10/20/2017. Redacted Transcript Deadline set for 10/30/2017. Release of Transcript Restriction set for 12/28/2017. (Renke, Laura) (Entered: 09/29/2017)
2017-09-2942TRANSCRIPT OF PROCEEDINGS held on 9/20/17 before the Honorable Thomas M. Durkin. Status hearing. Order Number: 28391. Court Reporter Contact Information: Laura Renke, OfficialTranscript@gmail.com, 312.435.6053. IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 10/20/2017. Redacted Transcript Deadline set for 10/30/2017. Release of Transcript Restriction set for 12/28/2017. (Renke, Laura) (Entered: 09/29/2017)
2017-10-0243TRANSCRIPT OF PROCEEDINGS held on 9/26/17 before the Honorable Thomas M. Durkin. Status hearing. Order Number: 28399. Court Reporter Contact Information: Laura Renke, OfficialTranscript@gmail.com, 312.435.6053. IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 10/23/2017. Redacted Transcript Deadline set for 11/2/2017. Release of Transcript Restriction set for 1/2/2018. (Renke, Laura) (Entered: 10/02/2017)
2017-10-2044STATUS Report (Third Joint Status Report) by Federal Bureau of Investigation, U.S. Department of Justice (Sowles, Marcia) (Entered: 10/20/2017)
2017-11-2045STATUS Report -- Fourth Joint Report by Federal Bureau of Investigation, U.S. Department of Justice (Sowles, Marcia) (Entered: 11/20/2017)
2017-12-2046STATUS Report by Federal Bureau of Investigation, U.S. Department of Justice (Sowles, Marcia) (Entered: 12/20/2017)
2018-01-1947SIXTH JOINT STATUS Report by Federal Bureau of Investigation, U.S. Department of Justice. (Sowles, Marcia) Docket Text Modified by Clerk's Office on 1/22/2018 (jh, ). (Entered: 01/19/2018)
2018-02-2148STATUS Report (Seventh Joint Status Report) by Federal Bureau of Investigation, U.S. Department of Justice (Sowles, Marcia) (Entered: 02/21/2018)
2018-02-2149MINUTE entry before the Honorable Thomas M. Durkin:The Court has reviewed the parties' Seventh Joint Status Report 48 . The Court advises Plaintiff that she should make herself available to receive documents that are being produced to her without the government incurring additional costs for delivery. She may want to consider having the produced documents delivered to her attorneys' offices.Mailed notice (srn, ) (Entered: 02/21/2018)
2018-03-2250STATUS Report (Eighth Joint Status Report) by Federal Bureau of Investigation, U.S. Department of Justice (Sowles, Marcia) (Entered: 03/22/2018)
2018-04-1851STATUS Report (Ninth Joint Status Report) by Federal Bureau of Investigation, U.S. Department of Justice (Sowles, Marcia) (Entered: 04/18/2018)
2018-04-2652MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-14402956. (Burke, Thomas) (Entered: 04/26/2018)
2018-04-2753MINUTE entry before the Honorable Thomas M. Durkin:Application to appear pro hac vice 52 is granted; Attorney Thomas R. Burke for Assia Boundaoui added. Mailed notice (srn, ) (Entered: 04/27/2018)
2018-05-1854STATUS Report (Tenth Joint Status Report) by Federal Bureau of Investigation, U.S. Department of Justice (Sowles, Marcia) (Entered: 05/18/2018)
2018-06-2055STATUS Report (Joint) by Assia Boundaoui (Poletto, Alexa) (Entered: 06/20/2018)
2018-07-2056STATUS Report (12th Joint) by Assia Boundaoui (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Poletto, Alexa) (Entered: 07/20/2018)
2018-08-2057STATUS Report (Thirteenth Joint Status Report) by Federal Bureau of Investigation, U.S. Department of Justice (Sowles, Marcia) (Entered: 08/20/2018)
2018-09-1958STATUS Report by Federal Bureau of Investigation, U.S. Department of Justice (Sowles, Marcia) (Entered: 09/19/2018)
2018-10-1259NOTICE by Marcia Kay Sowles of Change of Address (Sowles, Marcia) (Entered: 10/12/2018)
2018-10-1960STATUS Report (Fifteenth Joint Status Report) by Federal Bureau of Investigation, U.S. Department of Justice (Sowles, Marcia) (Entered: 10/19/2018)
2018-11-2061STATUS Report by Federal Bureau of Investigation, U.S. Department of Justice (Sowles, Marcia) (Entered: 11/20/2018)
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