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DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2017cv01585
Date Filed2017-08-06
Date ClosedOpen
JudgeJudge Emmet G. Sullivan
Case DescriptionKent Terry, brother of slain Border Patrol agent Brian Terry, and David Codrea, an Internet blogger on Second Amendment issues, submitted a FOIA request to the Department of State for records concerning Operation Fast and Furious and correspondence to and from Kevin O'Reilly. The agency acknowledged receipt of the request, but after hearing nothing further from the agency, Terry and Codrea filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Vaughn index, Litigation - Attorney's fees

Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
User-contributed Documents
Docket Events (Hide)
Date FiledDoc #Docket Text

2017-08-061COMPLAINT against U.S. DEPARTMENT OF STATE ( Filing fee $ 400 receipt number 0090-5063267) filed by KENT TERRY, DAVID CODREA. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit Exhibit A FOIA to US State Department, # 3 Summons Summons on AG, # 4 Summons Summons on DOS, # 5 Summons Summons on US ATTY)(Stamboulieh, Stephen) (Entered: 08/06/2017)
2017-08-08Case Assigned to Judge Emmet G. Sullivan. (md) (Entered: 08/08/2017)
2017-08-082STANDING ORDER: The parties are directed to read the attached Standing Order Governing Civil Cases Before Judge Emmet G. Sullivan in its entirety upon receipt. The parties are hereby ORDERED to comply with the directives in the attached Standing Order. Signed by Judge Emmet G. Sullivan on 08/08/17. (Attachment: # 1 Exhibit 1) (mac) (Entered: 08/08/2017)
2017-08-083SUMMONS (3) Issued Electronically as to U.S. DEPARTMENT OF STATE, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice of Consent) (md) (Entered: 08/08/2017)
2017-08-204RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 8/14/2017. (Attachments: # 1 Exhibit Certiifed Mail Return)(Stamboulieh, Stephen) (Entered: 08/20/2017)
2017-08-225RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 8/22/2017. Answer due for ALL FEDERAL DEFENDANTS by 9/21/2017. (Attachments: # 1 Certiifed Mail Return, # 2 Mailing Envelope)(Stamboulieh, Stephen) (Entered: 08/22/2017)
2017-08-286RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF STATE served on 8/28/2017 (Attachments: # 1 Department of State Signature Receipt, # 2 Receipt and Proof of Mailing (3rd attempt))(Stamboulieh, Stephen) (Entered: 08/28/2017)
2017-08-317NOTICE of Appearance by Marina Utgoff Braswell on behalf of U.S. DEPARTMENT OF STATE (Braswell, Marina) (Entered: 08/31/2017)
2017-09-138ANSWER to Complaint by U.S. DEPARTMENT OF STATE.(Braswell, Marina) (Entered: 09/13/2017)
2017-09-19MINUTE ORDER. Plaintiff brings this action pursuant to the Freedom of Information Act ("FOIA"), 5 U.S.C. § 552. The parties are directed to meet and confer and propose a joint scheduling order for further proceedings in this case by no later than October 13, 2017. The parties' joint proposed scheduling order shall address the following: (1) the status of plaintiff's FOIA request; (2) the anticipated number of documents responsive to plaintiff's FOIA request; (3) the anticipated date(s) for release of documents responsive to plaintiff's FOIA request; (4) whether a motion for an Open America stay is likely in this case; (5) whether a Vaughn index will be required in this case; (6) whether this case would benefit from referral to a magistrate judge or the District Court Mediation Program for purposes of settlement; and (7) a proposed briefing schedule for dispositive motions, if applicable. If the parties are unable to agree on a joint recommendation, the joint proposed scheduling order shall include each party's individual recommendations. Signed by Judge Emmet G. Sullivan on September 19, 2017. (lcegs2) (Entered: 09/19/2017)
2017-09-20Set/Reset Deadlines: Proposed Joint Scheduling Order For Further Proceedings due by 10/13/2017. (mac) (Entered: 09/20/2017)
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by FOIA Project Staff