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Case TitleSAUTER v. DEPARTMENT OF STATE
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2017cv01596
Date Filed2017-08-09
Date ClosedOpen
JudgeJudge Royce C. Lamberth
PlaintiffMARK SAUTER
PlaintiffJAMES MADISON PROJECT
PlaintiffLOIS MOORE
PlaintiffROBERT MOORE
PlaintiffJANA OREAR
PlaintiffCHRISTIANNE OMALLEY
Case DescriptionMark Sauter, a researcher on American POWs in Korea and Vietnam, submitted a FOIA request to the Department of State for records concerning POW Capt. Harry Cecil Moore. The agency acknowledged receipt of the request, but after hearing nothing further from the agency, Sauter filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantDEPARTMENT OF STATE
DefendantCENTRAL INTELLIGENCE AGENCY
DefendantCENTRAL INTELLIGENCE AGENCY
Washington, DC 20505
DefendantDEPARTMENT OF DEFENSE
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Opinion/Order [47]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2017-08-091COMPLAINT against DEPARTMENT OF STATE ( Filing fee $ 400 receipt number 0090-5066967) filed by MARK SAUTER. (Attachments: # 1 Civil Cover Sheet, # 2 Summons State, # 3 Summons USADC, # 4 Summons USAG)(Moss, Bradley) (Entered: 08/09/2017)
2017-08-09Case Assigned to Judge Royce C. Lamberth. (sth) (Entered: 08/09/2017)
2017-08-092SUMMONS (3) Issued Electronically as to DEPARTMENT OF STATE, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Summons, # 2 Summons, # 3 Summons)(sth) (Entered: 08/09/2017)
2017-08-313NOTICE of Appearance by Claire M. Whitaker on behalf of DEPARTMENT OF STATE (Whitaker, Claire) (Entered: 08/31/2017)
2017-09-134ANSWER to Complaint by DEPARTMENT OF STATE.(Whitaker, Claire) (Entered: 09/13/2017)
2017-09-295MOTION for Leave to File First Amended Complaint by MARK SAUTER (Attachments: # 1 Memorandum in Support, # 2 Exhibit A - Complaint, # 3 Exhibit B - FAC, # 4 Summons CIA, # 5 Summons DoD, # 6 Text of Proposed Order)(Moss, Bradley) (Entered: 09/29/2017)
2017-10-026NOTICE of Appearance by Mark Steven Zaid on behalf of All Plaintiffs (Zaid, Mark) (Entered: 10/02/2017)
2017-10-137RESPONSE re 5 MOTION for Leave to File First Amended Complaint filed by DEPARTMENT OF STATE. (Whitaker, Claire) (Entered: 10/13/2017)
2017-12-208ORDER granting 5 Motion for Leave to File. ORDERED that Plaintiffs' First Amended Complaint is hereby deemed filed as of the date of this Order. Signed by Judge Royce C. Lamberth on 12/20/17. (lsj) (Entered: 12/20/2017)
2017-12-209ENTERED IN ERROR.....First AMENDED COMPLAINT against DEPARTMENT OF STATE filed by MARK SAUTER.(zrdj) Modified on 1/4/2018 (zrdj). (Entered: 12/21/2017)
2017-12-2012FIRST AMENDED COMPLAINT against CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF STATE filed by JANA OREAR, LOIS MOORE, JAMES MADISON PROJECT, CHRISTIANNE OMALLEY, MARK SAUTER, ROBERT MOORE.(zrdj) Modified to add defendant on 1/5/2018 (znmw). (Entered: 01/04/2018)
2018-01-0210Consent MOTION for Extension of Time to File Answer First Amended Complaint (ECF No. 5-3, not ECF No. 9) by DEPARTMENT OF STATE (Attachments: # 1 Text of Proposed Order)(Whitaker, Claire) (Entered: 01/02/2018)
2018-01-0311NOTICE of Docketing Error by MARK SAUTER (Moss, Bradley) (Entered: 01/03/2018)
2018-01-0413SUMMONS (2) Issued Electronically as to CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE. (zrdj) (Entered: 01/04/2018)
2018-01-2914ORDER granting 10 Motion for Extension of Time to Answer. Further ORDERED that all Defendants answer to the First Amended Complaint due by 1/31/2018. Signed by Judge Royce C. Lamberth on 1/12/18. (lsj) (Entered: 01/29/2018)
2018-01-3115ANSWER to 12 Amended Complaint, (First) by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF STATE.(Whitaker, Claire) (Entered: 01/31/2018)
2018-02-0516ORDER directing the Government to produce a Vaughn Index by 3/2/2018. Signed by Judge Royce C. Lamberth on 2/2/18. (lsj) (Entered: 02/05/2018)
2018-03-0217Consent MOTION to Vacate 16 Order, Set Deadlines and to file Status Report on April 9, 2018 by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF STATE (Attachments: # 1 Text of Proposed Order)(Whitaker, Claire) (Entered: 03/02/2018)
2018-03-0918ORDER granting 17 Motion to Vacate. It is hereby ORDERED that Order 16 entered on 2/5/2018 is hereby VACATED. The parties are to file a Status Report by 4/9/2018. Signed by Judge Royce C. Lamberth on 3/8/18. (lsj) (Entered: 03/09/2018)
2018-04-0919Consent STATUS REPORT by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF STATE. (Attachments: # 1 Text of Proposed Order)(Whitaker, Claire) (Entered: 04/09/2018)
2018-04-2720ORDER re 19 Status Report. Parties shall file another Status Report by 5/11/2018. Signed by Judge Royce C. Lamberth on 4/26/18. (lsj) (Entered: 04/27/2018)
2018-05-1121STATUS REPORT by JAMES MADISON PROJECT, LOIS MOORE, ROBERT MOORE, CHRISTIANNE OMALLEY, JANA OREAR, MARK SAUTER. (Attachments: # 1 Text of Proposed Order)(Moss, Bradley) (Entered: 05/11/2018)
2018-06-1122NOTICE of Appearance by Brian J. Field on behalf of All Defendants (Field, Brian) (Entered: 06/11/2018)
2018-06-1123Joint STATUS REPORT by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF STATE. (Field, Brian) (Entered: 06/11/2018)
2018-07-1324STATUS REPORT (Joint) by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF STATE. (Attachments: # 1 Text of Proposed Order)(Whitaker, Claire) (Entered: 07/13/2018)
2018-07-3125Joint STATUS REPORT by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF STATE. (Field, Brian) (Entered: 07/31/2018)
2018-08-1026Joint STATUS REPORT by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF STATE. (Field, Brian) (Entered: 08/10/2018)
2018-10-0527Consent MOTION for Extension of Time to file Partial Motion for Summary Judgment by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF STATE (Field, Brian) (Entered: 10/05/2018)
2018-10-0928ORDER granting 27 Motion for Extension of Time to File Motion for Summary Judgment. Summary Judgment motions due by 10/17/2018. Signed by Judge Royce C. Lamberth on 10/9/18. (lcrcl2) (Entered: 10/09/2018)
2018-10-1629MOTION for Extension of Time to file Motion by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF STATE (Field, Brian) (Entered: 10/16/2018)
2018-10-2230MOTION for Partial Summary Judgment by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF STATE (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Declaration Stein Decl., # 4 Declaration Williams Decl., # 5 Declaration Beasley Decl., # 6 Declaration Espinal Decl., # 7 Declaration Trinh Decl., # 8 Declaration Shiner Decl., # 9 Text of Proposed Order)(Field, Brian) Modified event title on 10/23/2018 (znmw). (Entered: 10/22/2018)
2018-11-0131Consent MOTION for Extension of Time to File Response/Reply to Defendants' Partial Motion for Summary Judgment by JAMES MADISON PROJECT, LOIS MOORE, ROBERT MOORE, CHRISTIANNE OMALLEY, JANA OREAR, MARK SAUTER (Attachments: # 1 Text of Proposed Order)(Moss, Bradley) (Entered: 11/01/2018)
2018-11-0632ORDER granting 29 Motion for Extension of Time; Response to Motion for Summary Judgment now due by 11/15/2018. Signed by Judge Royce C. Lamberth on 11/6/18. (lcrcl2) (Entered: 11/06/2018)
2018-11-1233Consent MOTION for Extension of Time to File Response/Reply to Defendants' Partial Motion for Summary Judgment by JAMES MADISON PROJECT, LOIS MOORE, ROBERT MOORE, CHRISTIANNE OMALLEY, JANA OREAR, MARK SAUTER (Attachments: # 1 Text of Proposed Order)(Moss, Bradley) (Entered: 11/12/2018)
2018-11-1934Memorandum in opposition to re 30 MOTION for Partial Summary Judgment filed by JAMES MADISON PROJECT, LOIS MOORE, ROBERT MOORE, CHRISTIANNE OMALLEY, JANA OREAR, MARK SAUTER. (Attachments: # 1 Exhibit 1 - Moss Declaration, # 2 Exhibit 2 - AFHRA records, # 3 Exhibit 3 - 2014 DIA correspondence, # 4 Exhibit 4 - Rastvorov records, # 5 Exhibit 5 - POW interrogation records, # 6 Statement of Facts Response, # 7 Text of Proposed Order)(Moss, Bradley) (Entered: 11/19/2018)
2018-11-2935Unopposed MOTION to Modify Briefing Schedule by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF STATE (Field, Brian) . (Entered: 11/29/2018)
2018-12-3136Consent MOTION to Stay Proceedings in Light of the Lapse in Appropriations by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF STATE (Field, Brian) (Entered: 12/31/2018)
2019-01-2937ORDER granting 31 Motion for Extension of Time to File Response re 30 MOTION for Partial Summary Judgment, nunc pro tunc; Set/Reset Deadlines: Responses due by 11/15/2018. Signed by Judge Royce C. Lamberth on 1/29/2019. (lcrcl2) (Entered: 01/29/2019)
2019-01-2938ORDER granting 33 Motion for Extension of Time to File Response re 30 MOTION for Partial Summary Judgment, nunc pro tunc; Set/Reset Deadlines: Responses due by 11/19/2018. Signed by Judge Royce C. Lamberth on 1/29/2019. (lcrcl2) (Entered: 01/29/2019)
2019-01-2939ORDER granting 35 Motion to Modify, nunc pro tunc; Set/Reset Deadlines: Replies due by 1/3/2019. Signed by Judge Royce C. Lamberth on 1/29/2019. (lcrcl2) (Entered: 01/29/2019)
2019-01-2940VACATED PURSUANT TO ORDER ENTERED ON 2/11/2019.....ORDER granting 36 Motion to Stay. Signed by Judge Royce C. Lamberth on 1/29/2019. (lcrcl2) Modified on 2/11/2019 (zlsj). (Entered: 01/29/2019)
2019-02-0141NOTICE of Restored Government Funding by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF STATE (Field, Brian) (Entered: 02/01/2019)
2019-02-1142ORDER LIFTING STAY. Signed by Judge Royce C. Lamberth on 2/8/19. (lsj) (Entered: 02/11/2019)
2019-02-2543Consent MOTION for Extension of Time to File Response/Reply as to 30 MOTION for Partial Summary Judgment by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF STATE (Field, Brian) (Entered: 02/25/2019)
2019-02-2744ORDER granting 43 Motion for Extension of Time to File Response/Reply re 30 MOTION for Partial Summary Judgment. Replies due by 3/22/2019. Signed by Judge Royce C. Lamberth on 02/27/2019. (lcrcl3) (Entered: 02/27/2019)
2019-02-28Set/Reset Deadlines: Reply to Motion for Summary Judgment due by 3/22/2019. (lsj) (Entered: 02/28/2019)
2019-03-2245REPLY to opposition to motion re 30 MOTION for Partial Summary Judgment filed by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF STATE. (Attachments: # 1 Declaration Ex. A - Morris Decl., # 2 Declaration Ex. B - 2d Beasley Decl., # 3 Declaration Ex. C - 2d Shiner Decl.)(Field, Brian) (Entered: 03/22/2019)
2019-07-3046ORDER granting 30 Motion for Partial Summary Judgment. The parties shall file another joint status report no later than August 9, 2019 on whatever issues remain to be decided by the Court with proposed deadlines for bringing this case to a prompt conclusion. Signed by Judge Royce C. Lamberth on 07/30/2019. (lcrcl2) (Entered: 07/30/2019)
2019-07-3047MEMORANDUM OPINION re Order 46 . Signed by Judge Royce C. Lamberth on 07/30/2019. (lcrcl2) (Entered: 07/30/2019)
2019-07-31Set/Reset Deadlines: Joint Status Report due by 8/9/2019 (lsj) (Entered: 07/31/2019)
2019-08-0948Joint STATUS REPORT by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF STATE. (Field, Brian) (Entered: 08/09/2019)
2019-08-0949ORDER: Status Report due by August 23, 2019. Signed by Judge Royce C. Lamberth on 08/09/2019. (lcrcl2) (Entered: 08/09/2019)
2019-08-2250Joint STATUS REPORT by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF STATE. (Field, Brian) (Entered: 08/22/2019)
2019-08-2651MINUTE ORDER: Joint Status Report due by 8/30/2019. Signed by Judge Royce C. Lamberth on 08/26/2019. (lcrcl2) (Entered: 08/26/2019)
2019-08-3052Joint STATUS REPORT by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF STATE. (Field, Brian) (Entered: 08/30/2019)
2019-08-3053ORDER: Joint Status Report due by 9/6/2019. Signed by Judge Royce C. Lamberth on 08/30/2019. (lcrcl2) (Entered: 08/30/2019)
2019-09-0654Joint STATUS REPORT by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF STATE. (Field, Brian) (Entered: 09/06/2019)
2019-09-0655ORDER adopting proposed scheduling order. Signed by Judge Royce C. Lamberth on 09/06/2019. (lcrcl2) (Entered: 09/06/2019)
2019-09-09Set/Reset Deadlines: Summary Judgment motions due by 10/25/2019. Response to Motion for Summary Judgment due by 11/25/2019. Reply to Motion for Summary Judgment due by 12/31/2019. Replies due by 1/14/2020. (lsj) (Entered: 09/09/2019)
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