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Case TitleDILLON v. U.S. DEPARTMENT OF JUSTICE
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2017cv01716
Date Filed2017-08-23
Date ClosedOpen
JudgeJudge Rudolph Contreras
PlaintiffKENNETH J. DILLON
Case DescriptionKenneth Dillon, a historian, submitted a FOIA request to the FBI for records concerning its investigation of letters containing anthrax. Dillon requested an "Interim Major Case Summary" written in 2006 by Richard Lambert. The agency told Dillon that the report was already available in its online reading room. Dillon filed an administrative appeal with the Office of Information Policy, arguing that the report was not available online. OIP remanded the request back to the FBI for a further search. Dillon narrowed his request to records concerning the FBI's investigation of Bruce Irvins. He also submitted a second request for emails concerning Irvins. After hearing nothing further from the agency, Dillon filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Attorney's fees

DefendantU.S. DEPARTMENT OF JUSTICE
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Opinion/Order [27]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2017-08-231COMPLAINT against U.S. DEPARTMENT OF JUSTICE ( Filing fee $ 400 receipt number 0090-5086122) filed by KENNETH J. DILLON. (Attachments: # 1 Civil Cover Sheet, # 2 Summons)(Hodes, Scott) (Entered: 08/23/2017)
2017-08-23Case Assigned to Judge Rudolph Contreras. (md) (Entered: 08/24/2017)
2017-08-242SUMMONS (3) Issued Electronically as to U.S. DEPARTMENT OF JUSTICE, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice of Consent) (md) (Entered: 08/24/2017)
2017-09-143RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 8/29/2017. Answer due for ALL FEDERAL DEFENDANTS by 9/28/2017. (Hodes, Scott) (Entered: 09/14/2017)
2017-09-144RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 08/29/2017. (Hodes, Scott) (Entered: 09/14/2017)
2017-09-145RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF JUSTICE served on 8/29/2017 (Hodes, Scott) (Entered: 09/14/2017)
2017-10-036Consent MOTION for Extension of Time to File Answer by U.S. DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Peterson, Benton) (Entered: 10/03/2017)
2017-10-03MINUTE ORDER granting 6 Consent Motion for Extension of Time: It is hereby ORDERED that Defendant shall file an answer to Plaintiff's Complaint on or before November 28, 2017. SO ORDERED. Signed by Judge Rudolph Contreras on 10/3/2017. (lcrc3) (Entered: 10/03/2017)
2017-11-287ANSWER to Complaint by U.S. DEPARTMENT OF JUSTICE.(Peterson, Benton) (Entered: 11/28/2017)
2017-11-28MINUTE ORDER: It is hereby ORDERED that the parties shall meet, confer, and jointly submit a proposed briefing schedule on or before December 12, 2017. SO ORDERED. Signed by Judge Rudolph Contreras on 11/28/2017. (lcrc3) (Entered: 11/28/2017)
2017-11-29Set/Reset Deadlines: Proposed Briefing Schedule due by 12/12/2017 (tj) (Entered: 11/29/2017)
2017-12-128Joint STATUS REPORT by KENNETH J. DILLON. (Hodes, Scott) (Entered: 12/12/2017)
2017-12-12MINUTE ORDER: It is hereby ORDERED that the parties shall meet, confer, and submit a joint status report on or before December 21, 2017. SO ORDERED. Signed by Judge Rudolph Contreras on 12/12/2017. (lcrc3) (Entered: 12/12/2017)
2017-12-129Joint MOTION for Extension of Time by KENNETH J. DILLON, U.S. DEPARTMENT OF JUSTICE. (See Docket Entry 8 to view document). (znmw) (Entered: 12/13/2017)
2017-12-13Set/Reset Deadlines: Status Report due by 12/21/2017 (tj) (Entered: 12/13/2017)
2017-12-2110Joint STATUS REPORT by KENNETH J. DILLON. (Hodes, Scott) (Entered: 12/21/2017)
2017-12-21MINUTE ORDER: Upon consideration of 10 the parties' Joint Status Report, it is hereby ORDERED that the parties shall meet, confer, and submit a joint status report, including a proposed schedule for moving forward with this matter, on January 30, 2018. SO ORDERED. Signed by Judge Rudolph Contreras on 12/21/2017. (lcrc3) (Entered: 12/21/2017)
2017-12-2111MOTION for Extension of Time by KENNETH J. DILLON. (See Docket Entry 10 to view document) (jf) (Entered: 12/26/2017)
2017-12-22Set/Reset Deadlines: Status Report due by 1/30/2018 (tj) (Entered: 12/22/2017)
2018-01-3012Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Peterson, Benton) (Entered: 01/30/2018)
2018-01-30MINUTE ORDER: Upon consideration of 12 the parties' Joint Status Report, it is hereby ORDERED that the parties submit a joint status report on or before March 6, 2018 providing an update on the status of the matter and stating whether briefing will be necessary and, if so, proposing a schedule. SO ORDERED. Signed by Judge Rudolph Contreras on 1/30/2018. (lcrc3) (Entered: 01/30/2018)
2018-01-31Set/Reset Deadlines: Status Report due by 2/6/2018 (tj) (Entered: 01/31/2018)
2018-03-0613Joint STATUS REPORT by KENNETH J. DILLON. (Hodes, Scott) (Entered: 03/06/2018)
2018-03-07MINUTE ORDER: Upon consideration of 13 the parties' Joint Status Report, it is hereby ORDERED that Defendant's motion for summary judgment shall be filed on or before June 15, 2018; Plaintiff's cross-motion for summary judgment and opposition to Defendant's motion for summary judgment shall be filed on or before July 16, 2018; Defendant's opposition to the cross-motion and reply in support of its own motion shall be filed on or before August 6, 2018; and Plaintiff's reply in support of his cross-motion shall be filed on or before August 27, 2018. SO ORDERED. Signed by Judge Rudolph Contreras on 3/7/2018. (lcrc3) (Entered: 03/07/2018)
2018-03-08Set/Reset Deadlines: Cross Motions due by 7/16/2018. Response to Cross Motions due by 8/6/2018. Reply to Cross Motions due by 8/27/2018. Summary Judgment motions due by 6/15/2018. Response to Motion for Summary Judgment due by 7/16/2018. Reply to Motion for Summary Judgment due by 8/6/2018. (tj) (Entered: 03/08/2018)
2018-06-1514MOTION for Summary Judgment by U.S. DEPARTMENT OF JUSTICE (Attachments: # 1 Statement of Facts, # 2 Declaration, # 3 Exhibit Exhibits A - N to Declaration, # 4 Exhibit Exhibits O - FF to Declaration)(Peterson, Benton) (Entered: 06/15/2018)
2018-07-1615Memorandum in opposition to re 14 MOTION for Summary Judgment filed by KENNETH J. DILLON. (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Declaration, # 4 Exhibit, # 5 Text of Proposed Order)(Hodes, Scott) (Entered: 07/16/2018)
2018-07-1616Cross MOTION for Summary Judgment by KENNETH J. DILLON (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Declaration, # 4 Exhibit, # 5 Text of Proposed Order)(Hodes, Scott) (Entered: 07/16/2018)
2018-07-1917Unopposed MOTION for Extension of Time to File Response/Reply by U.S. DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Peterson, Benton) (Entered: 07/19/2018)
2018-07-19MINUTE ORDER granting 17 Defendant's Unopposed Motion for Extension of Time: It is hereby ORDERED that Defendant shall file its opposition to Plaintiff's cross-motion for summary judgment and reply in support of its motion for summary judgment on or before September 12, 2018; and Plaintiff shall file his reply on or before September 26, 2018. SO ORDERED. Signed by Judge Rudolph Contreras on July 19, 2018. (lcrc3) (Entered: 07/19/2018)
2018-07-20Set/Reset Deadlines: Response to Cross Motions due by 9/12/2018. Reply to Cross Motions due by 9/26/2018. Reply to Motion for Summary Judgment due by 9/12/2018. (tj) (Entered: 07/20/2018)
2018-09-1218Memorandum in opposition to re 16 Cross MOTION for Summary Judgment filed by U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Statement of Facts)(Peterson, Benton) (Entered: 09/12/2018)
2018-09-1219REPLY to opposition to motion re 14 MOTION for Summary Judgment filed by U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Statement of Facts)(Peterson, Benton) (Entered: 09/12/2018)
2018-09-1320NOTICE of Filing Second Declaration of Hardy by U.S. DEPARTMENT OF JUSTICE re 19 Reply to opposition to Motion (Attachments: # 1 Declaration Second Hardy)(Peterson, Benton) (Entered: 09/13/2018)
2018-09-2621REPLY to opposition to motion re 16 Cross MOTION for Summary Judgment filed by KENNETH J. DILLON. (Hodes, Scott) (Entered: 09/26/2018)
2018-09-2622ENTERED IN ERROR....Memorandum in opposition re 14 MOTION for Summary Judgment filed by KENNETH J. DILLON. (See Docket Entry 21 to view document) (tth) Modified on 10/1/2018 (znmw). (Entered: 10/01/2018)
2018-10-01NOTICE OF CORRECTED DOCKET ENTRY: Docket Entry 22 Memorandum in Opposition was entered in error and will not be refiled. (znmw) (Entered: 10/01/2018)
2018-11-1923Consent MOTION for Leave to File Surreply by U.S. DEPARTMENT OF JUSTICE (Attachments: # 1 Exhibit, # 2 Declaration)(Peterson, Benton) (Entered: 11/19/2018)
2018-11-26MINUTE ORDER Granting 23 Defendant's Consent Motion for Leave to File Surreply: It is hereby ORDERED that Defendant's Motion for Leave to File a Surreply to 21 Plaintiff's Reply to Defendant's Opposition to Plaintiff's Motion for Summary Judgment is GRANTED. It is FURTHER ORDERED that Defendant's Surreply attached to Defendant's Motion is deemed filed as of November 19, 2018. SO ORDERED. Signed by Judge Rudolph Contreras on November 26, 2018. (lcrc3) (Entered: 11/26/2018)
2018-11-2625SURREPLY to 16 Cross MOTION for Summary Judgment filed by U.S. DEPARTMENT OF JUSTICE. (tth) Modified filed date on 11/29/2018 (znmw). (Entered: 11/27/2018)
2018-11-2724RESPONSE re 25 Surreply filed by KENNETH J. DILLON. (Hodes, Scott) Modified link on 11/29/2018 (znmw). (Entered: 11/27/2018)
2019-01-1726ORDER denying 14 Defendant's Motion for Summary Judgment and denying 16 Plaintiff's Motion for Summary Judgment: See document for details. Signed by Judge Rudolph Contreras on January 17, 2019. (lcrc2) (Entered: 01/17/2019)
2019-01-1727MEMORANDUM OPINION denying 14 Defendant's Motion for Summary Judgment and denying 16 Plaintiff's Motion for Summary Judgment: See document for details. Signed by Judge Rudolph Contreras on January 17, 2019. (lcrc2) (Entered: 01/17/2019)
2019-02-1428NOTICE OF SUBSTITUTION OF COUNSEL by Christopher Charles Hair on behalf of U.S. DEPARTMENT OF JUSTICE Substituting for attorney Benton Peterson (Hair, Christopher) (Entered: 02/14/2019)
2019-02-1429Consent MOTION for Extension of Time to Submit Documents for In Camera Review by U.S. DEPARTMENT OF JUSTICE (Hair, Christopher) (Entered: 02/14/2019)
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