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Case TitleJUDICIAL WATCH, INC. v. U.S. DEPARTMENT OF JUSTICE
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2018cv01332
Date Filed2018-06-05
Date ClosedOpen
JudgeJudge Colleen Kollar-Kotelly
PlaintiffJUDICIAL WATCH, INC.
Case DescriptionJudicial Watch submitted a FOIA request to the FBI for records concerning the investigation of the death of Nadir Soofi, who was killed in Garland, Texas on May 3, 2015. The agency acknowledged receipt of the request and told Judicial Watch that some records were being withheld under Exemption 7(A) (interference with ongoing investigation or proceeding). Judicial Watch filed an administrative appeal, but after hearing nothing further from the agency, Judicial Watch filed suit.
Complaint issues: Litigation - Vaughn index, Adequacy - Search, Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantU.S. DEPARTMENT OF JUSTICE
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2018-06-051COMPLAINT against U.S. DEPARTMENT OF JUSTICE ( Filing fee $ 400 receipt number 0090-5518382) filed by JUDICIAL WATCH, INC.. (Attachments: # 1 Civil Cover Sheet, # 2 Summons US Attorney for the District of Columbia, # 3 Summons US Attorney General, # 4 Summons US Department of Justice)(Peterson, James) (Entered: 06/05/2018)
2018-06-052LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by JUDICIAL WATCH, INC. (Peterson, James) (Entered: 06/05/2018)
2018-06-05Case Assigned to Judge Colleen Kollar-Kotelly. (sth) (Entered: 06/06/2018)
2018-06-063SUMMONS (3) Issued Electronically as to U.S. DEPARTMENT OF JUSTICE, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(zsth) (Entered: 06/06/2018)
2018-06-064ORDER ESTABLISHING PROCEDURES FOR CASES ASSIGNED TO JUDGE COLLEEN KOLLAR-KOTELLY. Signed by Judge Colleen Kollar-Kotelly on 06/06/2018. (DM) (Entered: 06/06/2018)
2018-06-265RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 6/18/2018. ( Answer due for ALL FEDERAL DEFENDANTS by 7/18/2018.), RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 06/18/2018., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF JUSTICE served on 6/18/2018 (Attachments: # 1 Declaration of Cristina Rotaru)(Peterson, James) (Entered: 06/26/2018)
2018-07-206NOTICE of Appearance by Brian J. Field on behalf of All Defendants (Field, Brian) (Entered: 07/20/2018)
2018-07-207Unopposed MOTION for Extension of Time to File Answer Nunc Pro Tunc by U.S. DEPARTMENT OF JUSTICE (Field, Brian) (Entered: 07/20/2018)
2018-07-208ANSWER to Complaint by U.S. DEPARTMENT OF JUSTICE.(Field, Brian) (Entered: 07/20/2018)
2018-07-31MINUTE ORDER: The Court has received Defendant's 7 Unopposed Motion for Nunc Pro Tunc Extension of Time, which tardily seeks an extension of Defendant's deadline to respond to Plaintiff's 1 Complaint. With Plaintiff's consent, the Court GRANTS Defendant's 7 Motion, for good cause shown. In light of this nunc pro tunc extension, Defendant's Answer was due by July 20, 2018. Defendant complied by submitting its 8 Answer on July 20, 2018. Signed by Judge Colleen Kollar-Kotelly on July 31, 2018. (lcckk1) (Entered: 07/31/2018)
2018-07-319ORDER. The parties shall file the schedule not later than AUGUST 30, 2018 . Signed by Judge Colleen Kollar-Kotelly on July 31, 2018. (lcckk1) (Entered: 07/31/2018)
2018-07-31Set/Reset Deadlines: The parties shall file the schedule by 8/30/2018. (dot) (Entered: 07/31/2018)
2018-08-2310Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Field, Brian) (Entered: 08/23/2018)
2018-08-30MINUTE ORDER: The Court has received the parties' 10 Joint Status Report. The parties seek to "bifurcate" processing between documents over which Defendant asserts Exemption 7(A) withholding and other documents. However, it is unclear to the Court whether Defendant intends to process these other documents during the pendency of Exemption 7(A) processing. The parties cite cases in this jurisdiction in which similar requests to bifurcate were granted only upon setting a schedule for summary judgment briefing. At this time, the Court is disinclined to permit bifurcation that may eventually result in two rounds of summary judgment briefing, at least absent a further showing that it is not feasible to process both sets of documents at once. The parties shall submit a further Joint Status Report by SEPTEMBER 6, 2018 , identifying the parties' intended timeline for production of documents over which Defendant does not assert Exemption 7(A) withholding. Signed by Judge Colleen Kollar-Kotelly on August 30, 2018. (lcckk1) (Entered: 08/30/2018)
2018-08-30Set/Reset Deadlines: Joint Status Report due by 9/6/2018, identifying the parties' intended timeline for production of documents over which Defendant does not assert Exemption 7(A) withholding. (dot) (Entered: 09/04/2018)
2018-09-0611Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Field, Brian) (Entered: 09/06/2018)
2018-09-13MINUTE ORDER: The Court has received the parties' 11 Joint Status Report, pursuant to the Court's Minute Order of August 30, 2018. The Court understands that the parties intend for the Federal Bureau of Investigation ("FBI") to process documents to which Exemption 7(A) purportedly may apply. The FBI would do so separately from, but concurrently with, the FBI's processing of documents over which the FBI does not assert Exemption 7(A) withholding. If disputes remain upon the conclusion of the FBI's processing of both sets of documents, the parties then would seek a single round of summary judgment briefing applicable to both sets. If the Court were to rule in favor of Plaintiff as to any Exemption 7(A) withholdings, then the FBI would have the opportunity to process those documents with respect to any other exemptions and to brief any remaining issues accordingly. The Court approves of the parties' proposed approach. Consequently, the Court adopts the parties' proposal that the FBI complete its processing of all documents at issue in Plaintiff's FOIA request by JULY 31, 2019 . The parties shall file a further Joint Status Report by NOVEMBER 30, 2018 , updating the Court regarding the status of that processing. The parties shall file a further Joint Status Report every 90 days thereafter until the FBI completes its processing, unless and until the Court orders otherwise. Within 21 days of the date on which the FBI completes its processing, the parties shall file a further Joint Status Report regarding the status of proceedings in this case, including a proposed briefing schedule, if necessary. Signed by Judge Colleen Kollar-Kotelly on September 13, 2018. (lcckk1) (Entered: 09/13/2018)
2018-09-13Set/Reset Deadlines: Joint Status Report due by 11/30/2018, updating the Court regarding the status of that processing. (dot) (Entered: 09/13/2018)
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