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Case TitleDANIK v. U.S. DEPARTMENT OF JUSTICE
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2017cv01792
Date Filed2017-09-01
Date ClosedOpen
JudgeJudge Tanya S. Chutkan
PlaintiffJEFFREY A. DANIK
Case DescriptionJeffrey Danik, a retired FBI agent, submitted a FOIA request to the FBI for records concerning FBI Deputy Director Andrew McCabe. The FBI acknowledged receipt of Danik's request and divided his request into separate requests. In response to one of the separate requests, the FBI told Danik that he had not reasonably described the records sought. He filed an administrative appeal of that decision with the Office of Information Policy. OIP remanded the request back to the FBI for a further search. After hearing nothing further from the agency, Danik filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Vaughn index, Litigation - Attorney's fees

DefendantU.S. DEPARTMENT OF JUSTICE
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Opinion/Order [37]
FOIA Project Annotation: Judge Tanya Chutkan has ruled that the FBI has so far failed to show it properly responded to two FOIA requests from retired FBI agent Jeffrey Danik for emails and text messages sent by former acting director Andrew McCabe. Although Danik's requests listed 23 search terms, the agency only used six of the terms, claiming the rest of the terms were too broad. The agency located 178 pages and disclosed 169 pages in full or in part. The FBI argued that many of McCabe's text messages did not qualify as agency records because of their limited internal dissemination. However, Chutkan pointed out that "a document with limited distribution, like an email between two people reflecting an agency decision, can be an agency record." She also indicated that "the FBI has not shown whether it retained McCabe's text messages in its files." Chutkan then rejected the FBI's claim that it had considered most of Danik's proposed search terms and found they were too broad and that a search would be unduly burdensome, based on its review of one term that had yielded 20,000 potential hits. Chutkan found the agency's claim fell short, noting that "the FBI assumes, without running the searches, that the remaining terms would generate a similar number of hits and require similar hours to review. But it has no factual basis to assume that all the terms, which include 'until I return' and 'New York Times' would generate a similar number of hits." Chutkan also rejected the agency's claim of Exemption 5 (privileges). The agency's explanation for withholding several documents combined the chilling effect under the deliberative process privilege with reference to potential litigation. Finding this did not meet the agency's foreseeable harm standard, she observed that "the boilerplate language does not link the harm (chilled discussion and preparation of materials) to the specific information in the withheld materials. Therefore, the explanation fails to establish foreseeable harm from disclosing the documents."
Issues: Agency Record, Adequacy - Search
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2017-09-011COMPLAINT against U.S. DEPARTMENT OF JUSTICE ( Filing fee $ 400 receipt number 0090-5099584) filed by JEFFREY A. DANIK. (Attachments: # 1 Civil Cover Sheet, # 2 Summons U.S. Attorney, # 3 Summons U.S. Attorney General, # 4 Summons Department of Justice)(Bekesha, Michael) (Entered: 09/01/2017)
2017-09-01Case Assigned to Judge Tanya S. Chutkan. (sth) (Entered: 09/01/2017)
2017-09-012SUMMONS (3) Issued Electronically as to U.S. DEPARTMENT OF JUSTICE, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Summons, # 2 Summons, # 3 Summons)(sth) (Entered: 09/01/2017)
2017-09-123RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 9/8/2017. ( Answer due for ALL FEDERAL DEFENDANTS by 10/8/2017.), RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 9/8/2017., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF JUSTICE served on 9/8/2017 (Attachments: # 1 Declaration of Cristina Rotaru)(Bekesha, Michael) (Entered: 09/12/2017)
2017-10-104NOTICE of Appearance by Alexander Daniel Shoaibi on behalf of U.S. DEPARTMENT OF JUSTICE (Shoaibi, Alexander) (Entered: 10/10/2017)
2017-10-105ANSWER to Complaint by U.S. DEPARTMENT OF JUSTICE.(Shoaibi, Alexander) (Entered: 10/10/2017)
2017-10-10MINUTE ORDER: Before the Court in this FOIA case are a complaint and an answer. The requirements of LCvR 16.3 and Rule 26(f) of the Federal Rules of Civil procedure appear to be inapplicable. IT IS HEREBY ORDERED that the parties shall meet and confer and propose a schedule for proceeding in this matter. The schedule shall address the status of Plaintiff's FOIA request, the anticipated number of documents responsive to Plaintiff's FOIA request, the anticipated date(s) for release of the documents requested by Plaintiff, whether a motion for an Open America stay is likely in this case, whether a Vaughn index will be required in this case, whether and when either party anticipates filing a dispositive motion, and any other pertinent issues. The parties shall file a joint status report that addresses these issues and that contains a proposed schedule and proposed order not later than 11/7/17. Signed by Judge Tanya S. Chutkan on 10/10/17. (DJS) (Entered: 10/10/2017)
2017-10-15Set/Reset Deadlines: Joint Status Report due by 11/7/2017. (tb) (Entered: 10/15/2017)
2017-11-076Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Shoaibi, Alexander) (Entered: 11/07/2017)
2017-11-14MINUTE ORDER: Having considered the parties' Joint Status Report 6 , it is hereby ordered that the parties shall adhere to the following deadlines: All searches will be complete by November 30, 2017. Defendant will make a release of already processed material by November 30, 2017. Joint Status Report and PROPOSED ORDER due December 8, 2017. Signed by Judge Tanya S. Chutkan on 11/14/17. (DJS) (Entered: 11/14/2017)
2017-11-15Set/Reset Deadlines: Joint Status Report and proposed order due by 12/8/2017. (tb) (Entered: 11/15/2017)
2017-12-087Joint STATUS REPORT by JEFFREY A. DANIK. (Attachments: # 1 Text of Proposed Order)(Bekesha, Michael) (Entered: 12/08/2017)
2017-12-11MINUTE ORDER: Having considered the parties' Joint Status Report 7 , it is hereby ordered that the parties shall adhere to the following schedule: Defendant to produce to Plaintiff all remaining, non-exempt records by January 22, 2018. Plaintiff to inform Defendant of any challenges to the productions by January 31, 2018. Joint Status Report and proposed order by February 14, 2018. Signed by Judge Tanya S. Chutkan on 12/11/17. (DJS) (Entered: 12/11/2017)
2017-12-12Set/Reset Deadlines: Joint Status Report due by 2/14/2018. (tb) (Entered: 12/12/2017)
2018-02-148Joint STATUS REPORT (Third) by JEFFREY A. DANIK. (Attachments: # 1 Text of Proposed Order)(Bekesha, Michael) (Entered: 02/14/2018)
2018-02-17MINUTE ORDER: Having considered the parties' Joint Status Report 8 , it is hereby ordered that the parties shall adhere to the following briefing schedule: Defendant's Motion for Summary Judgment shall be filed by April 13, 2018. Plaintiff's Opposition and Combined Cross-Motion for Summary Judgment shall be filed by May 14, 2018. Defendant's Reply and Combined Opposition to Plaintiff's Cross-Motion for Summary Judgment shall be filed by May 29, 2018. Plaintiff's Reply shall be filed by June 12, 2018. Signed by Judge Tanya S. Chutkan on 2/17/18. (DJS) (Entered: 02/17/2018)
2018-02-20Set/Reset Deadlines: Cross Motion due by 5/14/2018. Response to Cross Motion due by 5/29/2018. Reply to Cross Motion due by 6/12/2018. Summary Judgment motion due by 4/13/2018. Response to Motion for Summary Judgment due by 5/14/2018. Reply to Motion for Summary Judgment due by 5/29/2018. (tb) (Entered: 02/20/2018)
2018-04-129Consent MOTION for Extension of Time to File Motion for Summary Judgment by U.S. DEPARTMENT OF JUSTICE (Shoaibi, Alexander) (Entered: 04/12/2018)
2018-04-1910Consent MOTION for Extension of Time to File Motion for Summary Judgment by U.S. DEPARTMENT OF JUSTICE (Shoaibi, Alexander) (Entered: 04/19/2018)
2018-04-20MINUTE ORDER: Granting 9 10 Consent Motions for Extension of Deadlines. Defendant's motion for summary judgment due April 27, 2018; Plaintiff's opposition and combined cross-motion for summary judgment due May 28, 2018; Defendant's reply and combined opposition to Plaintiff's cross-motion due June 12, 2018; and Plaintiff's reply due June 26, 2018. Signed by Judge Tanya S. Chutkan on 4/20/18. (DJS) (Entered: 04/20/2018)
2018-04-23Set/Reset Deadlines: Summary Judgment motion due by 4/27/2018. Response and Cross Motion due by 5/28/2018. Reply and Response to Cross Motion due by 6/12/2018. Reply to Cross Motion due by 6/26/2018. (tb) (Entered: 04/23/2018)
2018-04-2711MOTION for Summary Judgment by U.S. DEPARTMENT OF JUSTICE (Attachments: # 1 Statement of Facts, # 2 Declaration of David Hardy, # 3 Exhibit A-Q, # 4 Text of Proposed Order)(Shoaibi, Alexander) (Entered: 04/27/2018)
2018-04-2712NOTICE of Submission of In Camera, Ex Parte Declaration by U.S. DEPARTMENT OF JUSTICE re 11 MOTION for Summary Judgment (Shoaibi, Alexander) (Entered: 04/27/2018)
2018-05-2913Memorandum in opposition to re 11 MOTION for Summary Judgment filed by JEFFREY A. DANIK. (Attachments: # 1 Text of Proposed Order)(Bekesha, Michael) (Entered: 05/29/2018)
2018-05-2914Cross MOTION for Summary Judgment by JEFFREY A. DANIK (Attachments: # 1 Text of Proposed Order)(Bekesha, Michael) (Entered: 05/29/2018)
2018-06-1115Consent MOTION for Extension of Time to File Reply and Opposition by U.S. DEPARTMENT OF JUSTICE (Shoaibi, Alexander) (Entered: 06/11/2018)
2018-06-13MINUTE ORDER: Granting 15 Consent Motion for Extension of Deadlines. Defendant's reply and combined opposition to Plaintiff's cross-motion for summary judgment shall be filed by June 26, 2018. Plaintiff's reply shall be filed by July 10, 2018. Signed by Judge Tanya S. Chutkan on 6/13/18. (DJS) (Entered: 06/13/2018)
2018-06-14Set/Reset Deadlines: Reply and Response to Cross Motion due by 6/26/2018. Reply to Cross Motion due by 7/10/2018. (tb) (Entered: 06/14/2018)
2018-06-15Set/Reset Deadlines: Reply and Response to Cross Motion due by 6/26/2018. Reply to Cross Motions due by 7/10/2018. (tb) (Entered: 06/15/2018)
2018-06-2516Unopposed MOTION for Extension of Time to File Reply and Opposition to Cross-Motion for Summary Judgment by U.S. DEPARTMENT OF JUSTICE (Shoaibi, Alexander) (Entered: 06/25/2018)
2018-06-28MINUTE ORDER: Granting 16 Unopposed Motion for Extension of Deadlines. Defendant's reply and combined opposition to Plaintiff's cross-motion for summary judgment shall be filed by July 26, 2018. Plaintiff's reply shall be filed by August 9, 2018. Signed by Judge Tanya S. Chutkan on 6/28/18. (DJS) (Entered: 06/28/2018)
2018-06-28Set/Reset Deadlines: Defendant's reply and combined opposition to Plaintiff's cross-motion for summary judgment is due by 7/26/2018. Plaintiff's cross-reply is due by 8/9/2018. (jth) (Entered: 07/01/2018)
2018-07-2317NOTICE OF SUBSTITUTION OF COUNSEL by Joshua M. Kolsky on behalf of U.S. DEPARTMENT OF JUSTICE Substituting for attorney Alexander Shoaibi (Kolsky, Joshua) (Entered: 07/23/2018)
2018-07-2418Unopposed MOTION for Extension of Time to File Summary Judgment Opposition and Reply by U.S. DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Kolsky, Joshua) (Entered: 07/24/2018)
2018-07-26MINUTE ORDER: Granting 18 Unopposed Motion for Extension of Deadlines. Defendant's combined Reply in Support of Motion for Summary Judgment and Opposition to Plaintiff's Cross-Motion for Summary Judgment due August 9, 2018. Plaintiff's Reply in Support of Motion for Summary Judgment due August 23, 2018. Signed by Judge Tanya S. Chutkan on 7/26/18. (DJS) (Entered: 07/26/2018)
2018-07-27Set/Reset Deadlines: Reply and Response to Cross Motion due by 8/9/2018. Reply to Cross Motion due by 8/23/2018. (tb) (Entered: 07/27/2018)
2018-08-0919Memorandum in opposition to re 14 Cross MOTION for Summary Judgment and Reply in Support of Defendant's Motion for Summary Judgment filed by U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Statement of Facts, # 2 Declaration)(Kolsky, Joshua) (Entered: 08/09/2018)
2018-08-0920REPLY to opposition to motion re 11 MOTION for Summary Judgment and Opposition to Plaintiff's Cross-Motion for Summary Judgment filed by U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Statement of Facts (Response), # 2 Declaration)(Kolsky, Joshua) (Entered: 08/09/2018)
2018-08-2021Consent MOTION to Stay Summary Judgment Briefing by JEFFREY A. DANIK (Attachments: # 1 Text of Proposed Order)(Bekesha, Michael) (Entered: 08/20/2018)
2018-08-22MINUTE ORDER: Granting 21 Motion to Stay Briefing Schedule. Summary Judgment briefing is hereby stayed. The parties shall file a joint status report and proposed order by October 19, 2018. Signed by Judge Tanya S. Chutkan on 8/22/18. (DJS) (Entered: 08/22/2018)
2018-08-22Set/Reset Deadlines: Joint Status Report due by 10/19/2018. (tb) (Entered: 08/22/2018)
2018-10-1922Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Kolsky, Joshua) (Entered: 10/19/2018)
2018-10-22MINUTE ORDER: Having considered the parties' joint status report 22 , it is hereby ordered that the parties shall file another report and a proposed order by 11/30/18. Signed by Judge Tanya S. Chutkan on 10/22/18. (DJS) (Entered: 10/22/2018)
2018-10-23Set/Reset Deadlines: Joint Status Report due by 11/30/2018. (tb) (Entered: 10/23/2018)
2018-11-3023Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order)(Kolsky, Joshua) (Entered: 11/30/2018)
2018-12-03MINUTE ORDER:A Having considered the parties' Joint Status Report 23 , it is hereby ordered that the parties shall file another joint report by 1/4/19 and every 30 days thereafter. To the extent the parties propose lifting the stay of the briefing schedule, the joint status report shall contain a proposed order. Signed by Judge Tanya S. Chutkan on 12/3/18. (DJS) (Entered: 12/03/2018)
2018-12-04Set/Reset Deadlines: Joint Status Report due by 1/4/2019. (tb) (Entered: 12/04/2018)
2018-12-1424NOTICE OF SUBSTITUTION OF COUNSEL by Paul Cirino on behalf of U.S. DEPARTMENT OF JUSTICE Substituting for attorney Joshua M. Kolsky (Cirino, Paul) (Entered: 12/14/2018)
2019-01-0325Unopposed MOTION to Stay in Light of Lapse in Appropriations by U.S. DEPARTMENT OF JUSTICE (Cirino, Paul) (Entered: 01/03/2019)
2019-01-16MINUTE ORDER: Denying 25 without prejudice Motion to Stay Denying failure to comply with Local Civil Rule 7(c), which requires that "[e]ach motion... shall be accompanied by a proposed order." Signed by Judge Tanya S. Chutkan on 1/16/19. (DJS) (Entered: 01/16/2019)
2019-01-2326Unopposed MOTION to Stay (Renewed) in Light of Lapse in Appropriations by U.S. DEPARTMENT OF JUSTICE (Cirino, Paul) (Entered: 01/23/2019)
2019-01-23MINUTE ORDER: Granting 26 Motion to Stay. This action is hereby STAYED. All deadlines in this case are VACATED pending further Order of the Court. Once appropriations have been restored, the parties shall, within 14 days, file a joint status report proposing new deadlines in this case. The status report shall contain a proposed order. Signed by Judge Tanya S. Chutkan on 1/23/19. (DJS) (Entered: 01/23/2019)
2019-02-0827Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order)(Cirino, Paul) (Entered: 02/08/2019)
2019-02-08MINUTE ORDER: Having considered the parties' joint status report 27 , it is hereby ordered that the parties shall file another joint report, along with a proposed briefing schedule regarding the cross-motions for summary judgment by February 22, 2019. The joint report shall be accompanied by a proposed order. Signed by Judge Tanya S. Chutkan on 2/8/19. (DJS) (Entered: 02/08/2019)
2019-02-12Set/Reset Deadlines: Joint Status Report due by 2/22/2019. (tb) (Entered: 02/12/2019)
2019-02-13Set/Reset Deadlines: Joint Status Report due by 2/22/2019. (tb) (Entered: 02/13/2019)
2019-02-1928Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order (Plaintiff's proposal), # 2 Text of Proposed Order (Defendant's proposal))(Cirino, Paul) (Entered: 02/19/2019)
2019-03-04MINUTE ORDER: Upon consideration of 28 the Joint Status Report, the court believes that summary judgment briefing should start anew. Therefore, Defendant's Motion for Summary Judgment is due by April 19, 2019; Plaintiff's Combined Opposition and Cross-Motion is due by May 17, 2019; Defendant's Combined Reply and Opposition is due by June 14, 2019; and Plaintiff's Reply is due by June 28, 2019. Signed by Judge Tanya S. Chutkan on 3/4/2019.(lctsc3) (Entered: 03/04/2019)
2019-03-04Set/Reset Deadlines: Cross Motion due by 5/17/2019. Response to Cross Motion due by 6/14/2019. Reply to Cross Motion due by 6/28/2019. Summary Judgment motion due by 4/19/2019. Response to Motion for Summary Judgment due by 5/17/2019. Reply to Motion for Summary Judgment due by 6/14/2019. (tb) (Entered: 03/04/2019)
2019-03-13MINUTE ORDER: LIFTING STAY effective 1/25/19. Signed by Judge Tanya S. Chutkan on 3/13/19. (DJS) (Entered: 03/13/2019)
2019-04-1929MOTION for Summary Judgment (Renewed) by U.S. DEPARTMENT OF JUSTICE (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Declaration of David M. Hardy, # 4 Text of Proposed Order)(Cirino, Paul) (Entered: 04/19/2019)
2019-04-1930NOTICE of Submission of In Camera, Ex Parte Declaration by U.S. DEPARTMENT OF JUSTICE re 29 MOTION for Summary Judgment (Renewed) (Cirino, Paul) (Entered: 04/19/2019)
2019-05-1631Memorandum in opposition to re 29 MOTION for Summary Judgment (Renewed) filed by JEFFREY A. DANIK. (Attachments: # 1 Text of Proposed Order)(Bekesha, Michael) (Entered: 05/16/2019)
2019-05-1632Cross MOTION for Summary Judgment by JEFFREY A. DANIK (Attachments: # 1 Text of Proposed Order)(Bekesha, Michael) (Entered: 05/16/2019)
2019-06-1233Joint MOTION to Extend Briefing Schedule by U.S. DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Cirino, Paul) (Entered: 06/12/2019)
2019-06-13MINUTE ORDER: Granting 33 Joint Motion for Extension of Deadlines. Defendant's Combined Reply/Opposition due on June 19, 2019. Plaintiff's Reply due on July 2, 2019. Signed by Judge Tanya S. Chutkan on 6/13/19. (DJS) (Entered: 06/13/2019)
2019-06-17Set/Reset Deadlines: Response to Cross Motion due by 6/19/2019. Reply to Cross Motion due by 7/2/2019. Reply to Motion for Summary Judgment due by 6/19/2019. (tb) (Entered: 06/17/2019)
2019-06-1934REPLY to opposition to motion re 29 MOTION for Summary Judgment (Renewed) filed by U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Declaration (Supplemental) of David M. Hardy)(Cirino, Paul) (Entered: 06/19/2019)
2019-06-1935Memorandum in opposition to re 32 Cross MOTION for Summary Judgment filed by U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Declaration (Supplemental) of David M. Hardy, # 2 Text of Proposed Order)(Cirino, Paul) (Entered: 06/19/2019)
2019-07-0236REPLY to opposition to motion re 32 Cross MOTION for Summary Judgment filed by JEFFREY A. DANIK. (Attachments: # 1 Exhibit A)(Bekesha, Michael) (Entered: 07/02/2019)
2020-05-3137MEMORANDUM AND OPINION regarding 29 Defendant's Motion for Summary Judgment and 32 Plaintiff's Cross-Motion for Summary Judgment. Signed by Judge Tanya S. Chutkan on 5/31/2020. (lcsd) (Entered: 05/31/2020)
2020-05-3138ORDER denying 29 Defendant's Motion for Summary Judgment and denying 32 Plaintiff's Cross-Motion for Summary Judgment. Signed by Judge Tanya S. Chutkan on 5/31/2020. (lcsd) (Entered: 05/31/2020)
2020-06-03MINUTE ORDER: By 6/22/2020 the parties shall file a joint status report and a proposed order for moving forward with this case. Signed by Judge Tanya S. Chutkan on 6/3/2020. (DJS) (Entered: 06/03/2020)
2020-06-03Set/Reset Deadlines: Joint Status Report due by 6/22/2020. (tb) (Entered: 06/03/2020)
2020-06-2239Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order)(Cirino, Paul) (Entered: 06/22/2020)
2020-07-02MINUTE ORDER: Having considered the parties' joint status report 39 , it is hereby ordered that he parties shall file another joint report by July 22, 2020 and every 30 days thereafter. To the extent the report contains a proposed briefing schedule, the report shall be accompanied by a proposed order. Signed by Judge Tanya S. Chutkan on 7/2/2020. (DJS) (Entered: 07/02/2020)
2020-07-02Set/Reset Deadlines: Joint Report due by 7/22/2020. (tb) (Entered: 07/02/2020)
2020-07-2240Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Cirino, Paul) (Entered: 07/22/2020)
2020-08-13MINUTE ORDER: Having considered the parties' joint status report 40 , it is hereby ordered that the parties shall continue to file joint status reports as required by the court's 07/02/2020 Minute Order. In the next status report, however, the Defendant shall inform the Plaintiff how many emails Defendant has reviewed since June 25, 2020, when Defendant notified Plaintiff that searches for all provided search terms yielded 22,717 emails and, on the same day, Plaintiff narrowed his request, which reduced the number of remaining emails to 5,696. Each subsequent report shall include the number of emails reviewed since the last report. Signed by Judge Tanya S. Chutkan on 8/13/2020. (DJS) (Entered: 08/13/2020)
2020-08-2141Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Cirino, Paul) (Entered: 08/21/2020)
2020-09-1442NOTICE OF SUBSTITUTION OF COUNSEL by Brenda A. Gonzalez on behalf of U.S. DEPARTMENT OF JUSTICE Substituting for attorney Paul Cirino (Gonzalez, Brenda) (Entered: 09/14/2020)
2020-09-2143Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Gonzalez, Brenda) (Entered: 09/21/2020)
2020-09-28MINUTE ORDER: A telephonic status conference is hereby scheduled for 11/4/2020 at 11:30 a.m. Signed by Judge Tanya S. Chutkan on 9/28/2020. (DJS) (Entered: 09/28/2020)
2020-09-28Set/Reset Hearings: Telephone Conference set for 11/4/2020 at 11:30 AM in Telephonic/VTC before Judge Tanya S. Chutkan. (tb) (Entered: 09/28/2020)
2020-11-04Minute Entry: Status Conference held on 11/4/2020 before Judge Tanya S. Chutkan: Plaintiff's oral motion for bifurcation; heard and DENIED. The parties are ordered to meet and confer on narrowing the scope of production. Government shall file a status report by 11/20/2020. (Court Reporter Bryan Wayne) (tb) (Entered: 11/04/2020)
2020-11-06MINUTE ORDER: In accordance with the telephonic status conference held on 11/4/2020, it is hereby ORDERED that Defendant shall file an affidavit by 5 p.m. on 11/20/2020, which shall provide the court with specific information regarding the process and progress of its review and production in this case since 6/25/2020, and shall address its proposed production schedule going forward. In addition, it is further ORDERED that Defendant and Plaintiff shall meet and confer by 11/23/2020 to discuss any outstanding issues, including the potential exclusion of certain email attachments from production. The court is amending its oral order to require that the parties file a joint status report and proposed order by 5 p.m. on 11/30/2020. Signed by Judge Tanya S. Chutkan on 11/06/2020. (lcac) (Entered: 11/06/2020)
2020-11-09Set/Reset Deadlines: Attorney Meet and Confer Conference due by 11/23/2020. Defendant's affidavit regarding process and progress due by 11/20/2020. Joint Status Report due by 11/30/2020. (tb) (Entered: 11/09/2020)
2020-11-2044NOTICE Regarding the Submission of the Declaration of Michael G. Seidel by U.S. DEPARTMENT OF JUSTICE (Attachments: # 1 Declaration of Michael G. Seidel)(Gonzalez-Horowitz, Brenda) (Entered: 11/20/2020)
2020-11-3045Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Gonzalez-Horowitz, Brenda) (Entered: 11/30/2020)
2020-12-1746Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Declaration of Michael G. Seidel)(Gonzalez-Horowitz, Brenda) (Entered: 12/17/2020)
2021-01-05MINUTE ORDER: In light of the Parties' failure to submit a proposed order with either their 11/30/2020 or 12/17/2020 joint status reports, and in accordance with this court's Minute Order of 11/6/2020, it is hereby ORDERED that the Parties shall jointly submit a proposed order or orders setting forth both a proposed production schedule in this matter and the scope of the parties' agreed upon exclusion of email attachments no later than 5 p.m. on Friday 01/08/2021. It is further ORDERED that the parties shall continue to file joint status reports as required by the court's 08/13/2020 and 07/02/2020 Minute Orders. In the next status report, however, the Defendant shall inform the Plaintiff and the court of the current status of restrictions on staffing of the FBI's Record/Information Dissemination Section in light of the COVID-19 pandemic. Each subsequent report shall include any changes to official staffing restrictions since the prior report. Signed by Judge Tanya S. Chutkan on 01/05/2021. (lcac) (Entered: 01/05/2021)
2021-01-05Set/Reset Deadlines: Joint proposed order or orders setting forth both a proposed production schedule in this matter and the scope of the parties' agreed upon exclusion of email attachments due by 1/8/2021. (tb) (Entered: 01/05/2021)
2021-01-0747NOTICE of Proposed Order by U.S. DEPARTMENT OF JUSTICE (Attachments: # 1 Plaintiff's Proposed Order, # 2 Defendant's Proposed Order)(Gonzalez-Horowitz, Brenda) (Entered: 01/07/2021)
2021-01-1848ORDER setting schedule for review and production of responsive documents by Defendant. Defendant shall process approximately 325 pages during the month of January 2021, with all non-exempt pages produced to Plaintiff by February 1, 2021. Defendant shall process approximately 325 pages per month until there is a change in the operational status of the FBIs FOIA office. In the first month in which there is a change to the operational status and/or staffing level of the FBIs FOIA office, Defendant shall process approximately 650 pages or the approximate percentage of 650 pages that is consistent with the offices on-site staffing level. Defendant shall notify the court of any changes to the operational status of the FBIs FOIA office in the first regularly scheduled status report following such change. Signed by Judge Tanya S. Chutkan on 01/18/2021. (lcac) (Entered: 01/18/2021)
2021-01-1949Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Gonzalez-Horowitz, Brenda) (Entered: 01/19/2021)
2021-02-1850Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Gonzalez-Horowitz, Brenda) (Entered: 02/18/2021)
2021-03-2251Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Gonzalez-Horowitz, Brenda) (Entered: 03/22/2021)
2021-04-1952Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Gonzalez-Horowitz, Brenda) (Entered: 04/19/2021)
2021-05-2453Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Gonzalez-Horowitz, Brenda) (Entered: 05/24/2021)
2021-06-2354Interim STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Gonzalez-Horowitz, Brenda) (Entered: 06/23/2021)
2021-07-2055Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Gonzalez-Horowitz, Brenda) (Entered: 07/20/2021)
2021-08-2456Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Gonzalez-Horowitz, Brenda) (Entered: 08/24/2021)
2021-09-2857Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Gonzalez-Horowitz, Brenda) (Entered: 09/28/2021)
2021-10-2058Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Gonzalez-Horowitz, Brenda) (Entered: 10/20/2021)
2021-11-1659Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Gonzalez-Horowitz, Brenda) (Entered: 11/16/2021)
2021-11-18MINUTE ORDER: Having considered the parties' joint status report, it is hereby ordered that the parties shall file another joint report by 1/8/22 and every 60 days thereafter. To the extent the report contains a proposal for moving forward with this case, the report shall be accompanied by a proposed order. Signed by Judge Tanya S. Chutkan on 11/18/21. (DJS) Modified on 11/19/2021 (jth). (Entered: 11/18/2021)
2021-11-19Set/Reset Deadline: The parties shall file another Joint Status Report by 1/8/2022 and every 60 days thereafter. (jth) (Entered: 11/19/2021)
2022-01-0560Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Gonzalez-Horowitz, Brenda) (Entered: 01/05/2022)
2022-03-0461NOTICE of Appearance by Bradley Silverman on behalf of U.S. DEPARTMENT OF JUSTICE (Silverman, Bradley) (Entered: 03/04/2022)
2022-03-0462Consent MOTION for Extension of Time to File Joint Status Report by U.S. DEPARTMENT OF JUSTICE. (Silverman, Bradley) (Entered: 03/04/2022)
2022-03-04MINUTE ORDER: Granting Consent 62 Motion for Extension of Deadlines. Joint Status report due May 9, 2022 and every sixty days thereafter. The report shall be accompanied by a proposed order to the extent the parties propose a change in the status quo. Signed by Judge Tanya S. Chutkan on 3/4/22. (DJS) (Entered: 03/04/2022)
2022-03-08Set/Reset Deadlines: Joint Status Report due by 5/9/2022. (tb) (Entered: 03/08/2022)
2022-05-0663Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Gonzalez-Horowitz, Brenda) (Entered: 05/06/2022)
2022-06-0664NOTICE of Appearance by Kathryn Brooke Blankenberg on behalf of JEFFREY A. DANIK (Blankenberg, Kathryn) (Entered: 06/06/2022)
2022-07-0565Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Gonzalez Horowitz, Brenda) (Entered: 07/05/2022)
2022-09-0666Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Gonzalez Horowitz, Brenda) (Entered: 09/06/2022)
2022-10-2767Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Gonzalez Horowitz, Brenda) (Entered: 10/27/2022)
2022-12-2768Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Gonzalez Horowitz, Brenda) (Entered: 12/27/2022)
2023-02-2369Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Gonzalez Horowitz, Brenda) (Entered: 02/23/2023)
2023-04-2470Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Gonzalez Horowitz, Brenda) (Entered: 04/24/2023)
2023-06-2371Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Gonzalez Horowitz, Brenda) (Entered: 06/23/2023)
2023-08-2272Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Gonzalez Horowitz, Brenda) (Entered: 08/22/2023)
2023-10-1873Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Gonzalez Horowitz, Brenda) (Entered: 10/18/2023)
2023-12-1974Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Gonzalez Horowitz, Brenda) (Entered: 12/19/2023)
2024-02-1675Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Gonzalez Horowitz, Brenda) (Entered: 02/16/2024)
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