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Case TitleSMITH v. UNITED STATES OF AMERICA et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2018cv00777
Date Filed2018-04-05
Date ClosedOpen
JudgeJudge Tanya S. Chutkan
PlaintiffGRANT F. SMITH
Case DescriptionGrant Smith, founder of the Institute for Research: Middle Eastern Policy, submitted FOIA requests to the Department of Energy for a two-page document entitled "Guidance on Release of Information Relating to the Potential for an Israeli Nuclear Capability." DOE released a nearly completely redacted version of the document, citing Exemption 1 (national security) and Exemption 7(E) (investigative methods and techniques). Smith filed an administrative appeal, but the agency's denial decision was upheld. Smith's complaint is against both Energy and the Department of State, but his attachments have no correspondence with State. Smith ultimately filed suit against both the Energy Department and the State Department.
Complaint issues: Exemption 1 - Harm to national security

DefendantUNITED STATES OF AMERICA
DefendantJOHN J. SULLIVAN Acting Secretary, U.S. Department of State
DefendantRICK PERRY Secretary, U.S. Department of Energy
Documents
Docket
Complaint
Complaint attachment 1
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2018-04-051COMPLAINT against RICK PERRY, JOHN J. SULLIVAN, UNITED STATES OF AMERICA ( Filing fee $ 400, receipt number 4616090369) filed by GRANT F. SMITH. (Attachments: # 1 Civil Cover Sheet)(td) (Entered: 04/11/2018)
2018-04-05SUMMONS (4) Issued as to RICK PERRY, JOHN J. SULLIVAN, UNITED STATES OF AMERICA, U.S. Attorney and U.S. Attorney General (td) (Entered: 04/11/2018)
2018-04-052NOTICE OF RELATED CASE by GRANT F. SMITH. Case related to Case No. 17cv1796 TSC. (td) Modified to correct related case no. on 4/23/2018 (td). (Entered: 04/11/2018)
2018-04-053MOTION for CM/ECF Password by GRANT F. SMITH (td) (Entered: 04/11/2018)
2018-04-054MOTION for Permission to use Post Office Box and Agent Address by GRANT F. SMITH (td) (Entered: 04/11/2018)
2018-04-12MINUTE ORDER: Granting Plaintiff's 3 Motion for CM/ECF Password; Granting Plaintiff's 4 Motion to use P.O. Box address. Signed by Judge Tanya S. Chutkan on 4/12/18. (DJS) (Entered: 04/12/2018)
2018-04-195NOTICE of Appearance by Sherri L. Morgan on behalf of RICK PERRY, JOHN J. SULLIVAN, UNITED STATES OF AMERICA (Morgan, Sherri) (Entered: 04/19/2018)
2018-04-256RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 4/10/2018. Answer due for ALL FEDERAL DEFENDANTS by 5/10/2018. (SMITH, GRANT) (Entered: 04/25/2018)
2018-04-257RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 04/10/2018. (SMITH, GRANT) (Entered: 04/25/2018)
2018-04-258RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. RICK PERRY served on 4/9/2018 (SMITH, GRANT) (Entered: 04/25/2018)
2018-04-259RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. JOHN J. SULLIVAN served on 4/10/2018 (SMITH, GRANT) (Entered: 04/25/2018)
2018-05-0310First MOTION for Extension of Time to File Answer , First MOTION for Extension of Time to File Response/Reply by RICK PERRY, JOHN J. SULLIVAN, UNITED STATES OF AMERICA (Morgan, Sherri) (Entered: 05/03/2018)
2018-05-07MINUTE ORDER: Granting 10 Defendants' Motion for Extension of Time to Answer. Defendants shall answer or otherwise respond to the complaint by June 11, 2018. Signed by Judge Tanya S. Chutkan on 5/7/18. (DJS) (Entered: 05/07/2018)
2018-05-07Set/Reset Deadlines: Answer due by 6/11/2018. (tb) (Entered: 05/07/2018)
2018-06-1111MOTION for Briefing Schedule , Unopposed MOTION for Extension of Time to File Response/Reply by RICK PERRY, JOHN J. SULLIVAN, UNITED STATES OF AMERICA (Morgan, Sherri) (Entered: 06/11/2018)
2018-06-1112ANSWER to 1 Complaint by RICK PERRY, UNITED STATES OF AMERICA.(Morgan, Sherri) (Entered: 06/11/2018)
2018-06-11ORDER denying without prejudice 11 Motion for Briefing Schedule. The parties shall submit a proposed briefing schedule that contains actual due dates. Signed by Judge Tanya S. Chutkan on 6/11/18. (DJS) (Entered: 06/11/2018)
2018-06-1113Unopposed MOTION for Extension of Time to File Response/Reply , MOTION for Briefing Schedule by RICK PERRY, JOHN J. SULLIVAN, UNITED STATES OF AMERICA (Morgan, Sherri) (Entered: 06/11/2018)
2018-06-11MINUTE ORDER: Granting 13 Unopposed Motion for Briefing Schedule. Defendants' Motion to Dismiss and/or Motion for Summary Judgment due July 26, 2018. Plaintiff's Response to dispositive motions due by August 16, 2018. Defendants' Reply due by September 6, 2018. Signed by Judge Tanya S. Chutkan on 6/11/18. (DJS) (Entered: 06/11/2018)
2018-06-12Set/Reset Deadlines: Summary Judgment motion due by 7/26/2018. Response to Motion for Summary Judgment due by 8/16/2018. Reply to Motion for Summary Judgment due by 9/6/2018. (tb) (Entered: 06/12/2018)
2018-07-2614MOTION to Dismiss MOTION for Summary Judgment by RICK PERRY, JOHN J. SULLIVAN, UNITED STATES OF AMERICA (Attachments: # 1 Statement of Facts, # 2 Declaration and Exhibits for Dept of Energy, # 3 Declaration for Dept of State)(Morgan, Sherri) Modified event title on 8/7/2018 (znmw). (Entered: 07/26/2018)
2018-08-1615RESPONSE re 14 MOTION to Dismiss MOTION for Summary Judgment Cross Motion for Summary Judgement filed by GRANT F. SMITH. (Attachments: # 1 Statement of Facts Statement of Facts, # 2 Text of Proposed Order Text of Proposed Order)(SMITH, GRANT) (Entered: 08/16/2018)
2018-08-1616CROSS MOTION for Summary Judgment by GRANT F. SMITH. (See Docket Entry 15 to view document). (tth) (Entered: 08/17/2018)
2018-09-0617REPLY to opposition to motion re 14 MOTION to Dismiss MOTION for Summary Judgment , 16 MOTION for Summary Judgment filed by RICK PERRY, JOHN J. SULLIVAN, UNITED STATES OF AMERICA. (Attachments: # 1 Declaration, # 2 Exhibit A: 2018 FOIA Request, # 3 Exhibit B: DOS Response to 2018 FOIA Request, # 4 Statement of Facts Opposition to Plaintiff's Statement of Facts)(Morgan, Sherri) (Entered: 09/06/2018)
2018-09-0618RESPONSE 16 MOTION for Summary Judgment and filed by RICK PERRY, JOHN J. SULLIVAN, UNITED STATES OF AMERICA. (Attachments: # 1 Statement of Facts in Opposition to Plaintiff's Statement of Facts, # 2 Declaration, # 3 Exhibit A: 2018 FOIA Request, # 4 Exhibit B: DOS Response to 2018 FOIA Request)(Morgan, Sherri) Modified text on 9/7/2018 (ztd). (Entered: 09/06/2018)
2018-09-1019Amended Cross MOTION for Summary Judgment n by GRANT F. SMITH (SMITH, GRANT) Modified text and event on 9/11/2018 (ztd). (Entered: 09/10/2018)
2018-09-1120RESPONSE re 19 MOTION for Summary Judgment, 16 MOTION for Summary Judgment filed by RICK PERRY, JOHN J. SULLIVAN, UNITED STATES OF AMERICA. (Morgan, Sherri) (Entered: 09/11/2018)
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