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Case TitleREPORTERS COMMITTEE FOR FREEDOM OF THE PRESS v. FEDERAL BUREAU OF INVESTIGATION et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2017cv01701
Date Filed2017-08-21
Date ClosedOpen
JudgeJudge Rudolph Contreras
PlaintiffREPORTERS COMMITTEE FOR FREEDOM OF THE PRESS
Case DescriptionThe Reporters Committee for Freedom of the Press submitted a FOIA request to the FBI for records concerning the FBI's practice of impersonating members of the media, specifically documentary filmmakers. The FBI divided the request in to four separate requests. For one request, it issued a Glomar response, neither confirming nor denying the existence of records, based on Exemption 7(E) (investigative methods and techniques). In response to the second request, the agency told the Reporters Committee it had not sufficiently described the records sought to allow the agency to conduct a search. As to the third request, the agency told the Reporters Committee that responsive records were being withheld under Exemption 7(A) (interference with ongoing investigation or proceeding). As to the fourth request, the agency indicated that it fell within the exception for unusual circumstances and would take longer to process as a result. The Reporters Committee filed an administrative appeal address all the requests. The Office of Information Policy acknowledged receipt of the appeal, but told the Reporters Committee it would not consider the delay appeal because no adverse determination had been made. After hearing nothing further from OIP, the Reporters Committee filed suit.
Complaint issues: Litigation - Attorney's fees, Failure to respond within statutory time limit, Fee Category - Media or Educational, Public Interest Fee Waiver

DefendantFEDERAL BUREAU OF INVESTIGATION
DefendantDEPARTMENT OF JUSTICE
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
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2017-08-211COMPLAINT against All Defendants ( Filing fee $ 400 receipt number 0090-5083009) filed by REPORTERS COMMITTEE FOR FREEDOM OF THE PRESS. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Exhibit Exhibit C, # 4 Exhibit Exhibit D, # 5 Civil Cover Sheet, # 6 Summons Summons for U.S. Attorney General, # 7 Summons Summons for Department of Justice, # 8 Summons Summons for Federal Bureau of Investigation, # 9 Summons Summons for U.S. Attorney)(Townsend, KatieLynn) (Entered: 08/21/2017)
2017-08-21Case Assigned to Judge Rudolph Contreras. (sth) (Entered: 08/21/2017)
2017-08-212SUMMONS (4) Issued Electronically as to DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF INVESTIGATION, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Summons, # 2 Summons, # 3 Summons, # 4 Summons)(sth) (Entered: 08/21/2017)
2017-08-283NOTICE of Appearance by Johnny Hillary Walker, III on behalf of All Defendants (Walker, Johnny) (Entered: 08/28/2017)
2017-08-294RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 08/24/2017. (Townsend, KatieLynn) (Entered: 08/29/2017)
2017-08-295RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 8/24/2017. Answer due for ALL FEDERAL DEFENDANTS by 9/23/2017. (Townsend, KatieLynn) (Entered: 08/29/2017)
2017-08-296RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. FEDERAL BUREAU OF INVESTIGATION served on 8/24/2017 (Townsend, KatieLynn) (Entered: 08/29/2017)
2017-08-297RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. DEPARTMENT OF JUSTICE served on 8/24/2017 (Townsend, KatieLynn) (Entered: 08/29/2017)
2017-09-258ANSWER to Complaint by DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF INVESTIGATION.(Walker, Johnny) (Entered: 09/25/2017)
2017-09-25MINUTE ORDER: It is hereby ORDERED that the parties shall meet, confer, and submit a proposed briefing schedule on or before October 10, 2017. SO ORDERED. Signed by Judge Rudolph Contreras on 09/25/2017. (lcrc1) (Entered: 09/25/2017)
2017-10-109Joint STATUS REPORT by DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF INVESTIGATION. (Walker, Johnny) (Entered: 10/10/2017)
2017-10-10MINUTE ORDER: Upon consideration of 9 the parties' Joint Status Report, it is hereby ORDERED that the parties shall have until November 22, 2017 to meet, confer, and submit their proposed briefing schedule. SO ORDERED. Signed by Judge Rudolph Contreras on 10/10/2017. (lcrc1) (Entered: 10/10/2017)
2017-10-11Set/Reset Deadlines: Meet & Confer Statement due by 11/22/2017. (tj) (Entered: 10/11/2017)
2017-11-2210Joint STATUS REPORT by DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF INVESTIGATION. (Walker, Johnny) (Entered: 11/22/2017)
2017-11-22MINUTE ORDER: Upon consideration of 10 the parties' Joint Status Report, it is hereby ORDERED that the parties shall submit another joint status report on or before January 22, 2018. SO ORDERED. Signed by Judge Rudolph Contreras on 11/22/2017. (lcrc1) (Entered: 11/22/2017)
2018-01-1711NOTICE of Appearance by Jennifer Anne Nelson on behalf of REPORTERS COMMITTEE FOR FREEDOM OF THE PRESS (Nelson, Jennifer) (Entered: 01/17/2018)
2018-01-2212Unopposed MOTION to Stay Due to Lapse of Appropriations by DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF INVESTIGATION (Attachments: # 1 Text of Proposed Order)(Walker, Johnny) (Entered: 01/22/2018)
2018-01-2313Joint STATUS REPORT by DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF INVESTIGATION. (Walker, Johnny) (Entered: 01/23/2018)
2018-01-23MINUTE ORDER denying as moot 12 Unopposed Motion to Stay Due to Lapse of Appropriations. SO ORDERED. Signed by Judge Rudolph Contreras on 01/23/2018. (lcrc1) (Entered: 01/23/2018)
2018-01-23MINUTE ORDER: Upon consideration of 13 the parties' Joint Status Report, it is hereby ORDERED that the parties submit a further joint status report on or before March 8, 2018. SO ORDERED. Signed by Judge Rudolph Contreras on 01/23/2018. (lcrc1) (Entered: 01/23/2018)
2018-02-07Set/Reset Deadlines: Status Report due by 3/8/2018 (tj) (Entered: 02/07/2018)
2018-03-0814Joint STATUS REPORT by DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF INVESTIGATION. (Walker, Johnny) (Entered: 03/08/2018)
2018-03-08MINUTE ORDER: Upon consideration of 14 the parties' Joint Status Report, it is hereby ORDERED that the parties shall submit a further joint status report on or before April 9, 2018. SO ORDERED. Signed by Judge Rudolph Contreras on 03/08/2018. (lcrc1) (Entered: 03/08/2018)
2018-03-09Set/Reset Deadlines: Status Report due by 4/9/2018 (tj) (Entered: 03/09/2018)
2018-04-0915Consent MOTION for Extension of Time to Submit a Joint Status Report by DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF INVESTIGATION (Attachments: # 1 Text of Proposed Order)(Walker, Johnny) (Entered: 04/09/2018)
2018-04-09MINUTE ORDER granting 15 Consent Motion for Extension of Time: It is hereby ORDERED that the parties shall file the joint status report on or before April 17, 2018. SO ORDERED. Signed by Judge Rudolph Contreras on 04/09/2018. (lcrc1) (Entered: 04/09/2018)
2018-04-10Set/Reset Deadlines: Status Report due by 4/17/2018 (tj) (Entered: 04/10/2018)
2018-04-1716Joint STATUS REPORT by DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF INVESTIGATION. (Walker, Johnny) (Entered: 04/17/2018)
2018-04-24MINUTE ORDER: Upon consideration of 16 the parties' Joint Status Report, it is hereby ORDERED that the parties meet, confer, and submit a proposed schedule for briefing on the FBI's Glomar responses under Exemption 7(E), as well as on any other issue that the parties assert is ready for the Court's resolution, on or before May 8, 2018. SO ORDERED. Signed by Judge Rudolph Contreras on 04/24/2018. (lcrc1) (Entered: 04/24/2018)
2018-04-25Set/Reset Deadlines: Proposed Briefing Schedule due by 5/8/2018. (tj) (Entered: 04/25/2018)
2018-05-0817Joint MOTION for Scheduling Order on Defendants' Glomar responses by REPORTERS COMMITTEE FOR FREEDOM OF THE PRESS (Attachments: # 1 Text of Proposed Order)(Townsend, KatieLynn) (Entered: 05/08/2018)
2018-05-08MINUTE ORDER granting 17 the parties' Joint Motion for Scheduling Order on Defendants' Glomar Responses: It is hereby ORDERED that the following schedule shall govern briefing on the Defendants' Glomar responses under Exemption 7(E): Defendants' motion for summary judgment will be due by July 9, 2018; Plaintiff's opposition to Defendants' motion and any cross-motion for summary judgment will be due by August 17, 2018; Defendants' reply in support of their motion for summary judgment and opposition to Plaintiff's cross-motion if a cross-motion is filed will be due by September 14, 2018; and Plaintiff's reply in support of its cross-motion if a cross-motion is filed will be due by October 5, 2018. SO ORDERED. Signed by Judge Rudolph Contreras on 05/08/2018. (lcrc1) (Entered: 05/08/2018)
2018-05-11Set/Reset Deadlines: Cross Motions due by 8/17/2018. Response to Cross Motions due by 9/14/2018. Reply to Cross Motions due by 10/5/2018. Summary Judgment motions due by 7/9/2018. Response to Motion for Summary Judgment due by 8/17/2018. Reply to Motion for Summary Judgment due by 9/14/2018. (tj) (Entered: 05/11/2018)
2018-07-0518Consent MOTION for Extension of Time to Move for Partial Summary Judgment by DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF INVESTIGATION (Attachments: # 1 Text of Proposed Order)(Walker, Johnny) (Entered: 07/05/2018)
2018-07-06MINUTE ORDER granting 18 Consent Motion for Extension of Time: It is hereby ORDERED that the following schedule shall govern briefing on Defendants' Glomar responses under Exemption 7(E): Defendants' motion for summary judgment will be due by July 23, 2018; Plaintiff's opposition to Defendants' motion and any cross-motion for summary judgment will be due by August 31, 2018; Defendants' reply in support of their motion for summary judgment and opposition to Plaintiff's cross-motion if a cross-motion is filed will be due by September 28, 2018; and Plaintiff's reply in support of its cross-motion if a cross-motion is filed will be due by October 19, 2018. SO ORDERED. Signed by Judge Rudolph Contreras on 07/06/2018. (lcrc1) (Entered: 07/06/2018)
2018-07-06Set/Reset Deadlines: Summary Judgment motion due by 7/23/2018. Plaintiff's Response to Motion for Summary Judgment/Cross Motion due by 8/31/2018. Reply to Motion for Summary Judgment due by 9/28/2018. Reply to Cross Motion due by 10/19/2018. (hs) (Entered: 07/06/2018)
2018-07-2319MOTION for Partial Summary Judgment by DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF INVESTIGATION (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Declaration of David Hardy, # 4 Text of Proposed Order)(Walker, Johnny) (Entered: 07/23/2018)
2018-08-2320Consent MOTION for Extension of Time to File Opposition to Defendants' Partial Motion for Summary Judgment and Move for Partial Summary Judgment by REPORTERS COMMITTEE FOR FREEDOM OF THE PRESS (Attachments: # 1 Text of Proposed Order)(Townsend, KatieLynn) (Entered: 08/23/2018)
2018-08-23MINUTE ORDER granting 20 Plaintiff's Consent Motion for Extension of Time: It is hereby ORDERED that the following schedule shall govern the remaining briefing on Defendants' Glomar responses under Exemption 7(E): Plaintiff's opposition to Defendants' motion for partial summary judgment and Plaintiff's motion for partial summary judgment will be due by September 14, 2018; Defendants' reply in support of their motion for partial summary judgment and opposition to Plaintiff's cross-motion will be due by October 12, 2018; and Plaintiff's reply in support of its cross-motion will be due by November 2, 2018. SO ORDERED. Signed by Judge Rudolph Contreras on 08/23/2018. (lcrc1) (Entered: 08/23/2018)
2018-08-24Set/Reset Deadlines: Reply to Cross Motions due by 11/2/2018. Motions due by 9/14/2018. Response to Motion for Summary Judgment due by 9/14/2018. Reply to Motion for Summary Judgment due by 10/12/2018. (tj) (Entered: 08/24/2018)
2018-09-1421Cross MOTION for Partial Summary Judgment by REPORTERS COMMITTEE FOR FREEDOM OF THE PRESS (Attachments: # 1 Memorandum of Law in Opposition to Defendants' Motion for Partial Summary Judgment and In Support of Plaintiff's Cross-Motion for Partial Summary Judgment, # 2 Plaintiff's Combined Statement of Material Facts as to Which there is no Genuine Issue and Response to Defendants' Statement of Material Facts, # 3 Declaration of Katie Townsend, # 4 Declaration of Abby Ellis, # 5 Declaration of David G Byars, # 6 Text of Proposed Order)(Townsend, KatieLynn) (Entered: 09/14/2018)
2018-09-1422NOTICE of Filing by REPORTERS COMMITTEE FOR FREEDOM OF THE PRESS (Townsend, KatieLynn) (Entered: 09/14/2018)
2018-09-1423Memorandum in opposition to re 19 MOTION for Partial Summary Judgment filed by REPORTERS COMMITTEE FOR FREEDOM OF THE PRESS. (See Docket Entry 21 to view document). (znmw) (Entered: 09/21/2018)
2018-10-0424NOTICE of Change of Address by KatieLynn Boyd Townsend (Townsend, KatieLynn) (Entered: 10/04/2018)
2018-10-1225REPLY to opposition to motion re 19 MOTION for Partial Summary Judgment filed by DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF INVESTIGATION. (Walker, Johnny) (Entered: 10/12/2018)
2018-10-1226Memorandum in opposition to re 21 Cross MOTION for Partial Summary Judgment filed by DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF INVESTIGATION. (Attachments: # 1 Response to Plaintiff's Statement of Undisputed Material Facts)(Walker, Johnny) (Entered: 10/12/2018)
2018-11-0227REPLY to opposition to motion re 21 Cross MOTION for Partial Summary Judgment filed by REPORTERS COMMITTEE FOR FREEDOM OF THE PRESS. (Townsend, KatieLynn) (Entered: 11/02/2018)
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by FOIA Project Staff
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