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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]
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)
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