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Case TitleSMITH v. U.S. NATIONAL ARCHIVES AND RECORDS ADMINISTRATION
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2018cv02048
Date Filed2018-08-31
Date ClosedOpen
JudgeJudge Tanya S. Chutkan
PlaintiffGRANT F. SMITH
Case DescriptionGrant Smith, director of the Institute for Research: Middle Eastern Policy, submitted FOIA requests to the George W. Bush Presidential Library and the Clinton Presidential Library for presidential letters sent to Israel pledging not to pressure the Israeli government into signing the non-proliferation treaty on nuclear weapons. Smith asked for a fee waiver. The libraries acknowledged receipt of the requests and issued a Glomar response neither confirming nor denying the existence of records. Smith filed administrative appeals for both Glomar responses, but after hearing nothing further from the agency, Smith filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Vaughn index, Litigation - Recovery of Costs

DefendantU.S. NATIONAL ARCHIVES AND RECORDS ADMINISTRATION
Documents
Docket
Complaint
Complaint attachment 1
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2018-08-311COMPLAINT against U.S. NATIONAL ARCHIVES AND RECORDS ADMINISTRATION ( Filing fee $ 400, receipt number 4616094352) filed by GRANT F. SMITH. (Attachments: # 1 Civil Cover Sheet)(ztd) (Entered: 09/06/2018)
2018-08-312NOTICE OF RELATED CASE by GRANT F. SMITH. Case related to Case No. 17CV1796. (ztd) (Entered: 09/06/2018)
2018-08-313MOTION for Permission to Use Post Office Box by GRANT F. SMITH (ztd) (Entered: 09/06/2018)
2018-08-31SUMMONS (3) Issued Electronically as to U.S. NATIONAL ARCHIVES AND RECORDS ADMINISTRATION, U.S. Attorney and U.S. Attorney General (ztd) (Entered: 09/06/2018)
2018-09-134RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 9/10/2018. ( Answer due for ALL FEDERAL DEFENDANTS by 10/10/2018.), RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 9/11/18., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. NATIONAL ARCHIVES AND RECORDS ADMINISTRATION served on 9/10/2018 (ztd) (Entered: 09/14/2018)
2018-09-135MOTION for CM/ECF Password by GRANT F. SMITH (ztd) (Entered: 09/14/2018)
2018-09-18MINUTE ORDER: Granting 3 Motion for Permission to Use Post Office Box; Granting 5 Motion for CM/ECF Password. Signed by Judge Tanya S. Chutkan on 9/18/18. (DJS) (Entered: 09/18/2018)
2018-09-276NOTICE of Appearance by Scott Leeson Sroka on behalf of All Defendants (Sroka, Scott) (Entered: 09/27/2018)
2018-10-057NOTICE OF SUBSTITUTION OF COUNSEL by Michael Fraser Knapp on behalf of All Defendants Substituting for attorney Scott Leeson Sroka (Knapp, Michael) (Entered: 10/05/2018)
2018-10-108ANSWER to 1 Complaint by U.S. NATIONAL ARCHIVES AND RECORDS ADMINISTRATION.(Knapp, Michael) (Entered: 10/10/2018)
2018-10-10MINUTE 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 no later than 11/12/18. Signed by Judge Tanya S. Chutkan on 10/10/18. (DJS) (Entered: 10/10/2018)
2018-10-12Set/Reset Deadlines: Joint Status Report due by 11/12/2018. (tb) (Entered: 10/12/2018)
2018-11-129Joint STATUS REPORT by U.S. NATIONAL ARCHIVES AND RECORDS ADMINISTRATION. (Knapp, Michael) (Entered: 11/12/2018)
2018-11-20MINUTE ORDER: Having considered the parties' November 12, 2018 joint status report 9 , it is hereby ordered that the parties shall adhere to the following briefing schedule: Defendant's Motion for Summary Judgment shall be filed on or before December 20, 2018; Plaintiff's Opposition and Combined Cross-Motion for Summary Judgment shall be filed on or before January 17, 2019; Defendant's Reply and Combined Opposition shall be filed on or before January 30, 2019; and Plaintiff's Reply shall be filed on or before February 28, 2019. Signed by Judge Tanya S. Chutkan on 11/20/2018. (lctsc1) (Entered: 11/20/2018)
2018-11-20Set/Reset Deadlines: Cross Motion due by 1/17/2019. Response to Cross Motion due by 1/30/2019. Reply to Cross Motion due by 2/28/2019. Summary Judgment motion due by 12/20/2018. Response to Motion for Summary Judgment due by 1/17/2018. Reply to Motion for Summary Judgment due by 1/30/2019. (tb) (Entered: 11/20/2018)
2018-12-2010MOTION for Summary Judgment by U.S. NATIONAL ARCHIVES AND RECORDS ADMINISTRATION (Attachments: # 1 Memorandum in Support, # 2 Exhibit 1 - Declaration of John Laster, # 3 Exhibit 2 - Declaration of John Fitzpatrick, # 4 Statement of Facts, # 5 Text of Proposed Order)(Knapp, Michael) (Entered: 12/20/2018)
2019-01-1711RESPONSE re 10 MOTION for Summary Judgment filed by GRANT F. SMITH. (Attachments: # 1 Memorandum in Support of Cross Motion for Summary Judgement, # 2 Statement of Facts, # 3 Text of Proposed Order, # 4 Appendix Cover index, # 5 Exhibit National Security Council Files, box 612, Israeli Nuclear Program, # 6 Exhibit Congress Letter on AECA waivers, # 7 Exhibit NARA release of GWB records)(SMITH, GRANT) (Entered: 01/17/2019)
2019-01-1713Cross MOTION for Summary Judgment by GRANT F. SMITH. (See Docket Entry 11 to view document) (jf) (Entered: 01/24/2019)
2019-01-1812WITHDRAWN PURSUANT TO NOTICE FILED 1/28/2019..... MOTION to Stay by U.S. NATIONAL ARCHIVES AND RECORDS ADMINISTRATION (Attachments: # 1 Text of Proposed Order)(Knapp, Michael) Modified on 1/29/2019 (znmw). (Entered: 01/18/2019)
2019-01-2814MOTION to Expedite, MOTION for Extension of Time to File Response/Reply as to 13 MOTION for Summary Judgment by U.S. NATIONAL ARCHIVES AND RECORDS ADMINISTRATION (Attachments: # 1 Text of Proposed Order)(Knapp, Michael) (Entered: 01/28/2019)
2019-01-2815NOTICE OF WITHDRAWAL OF MOTION by U.S. NATIONAL ARCHIVES AND RECORDS ADMINISTRATION re 12 MOTION to Stay . (See Docket Entry 14 to view document). (znmw) (Entered: 01/29/2019)
2019-01-30MINUTE ORDER: granting 14 Motion for Extension of Time to File Response/Reply. Granting 14 Motion to Expedite. Defendant shall file its reply brief in support of its motion for summary judgment and its opposition to Plaintiff's cross motion for summary judgment on or before February 6, 2019. Signed by Judge Tanya S. Chutkan on 1/30/19. (DJS) (Entered: 01/30/2019)
2019-02-0616REPLY to opposition to motion re 10 MOTION for Summary Judgment filed by U.S. NATIONAL ARCHIVES AND RECORDS ADMINISTRATION. (Attachments: # 1 Exhibit A - President Bush ltr to Archivist, # 2 Exhibit B - NARA Directive Part 9)(Knapp, Michael) (Entered: 02/06/2019)
2019-02-0617Memorandum in opposition to re 13 MOTION for Summary Judgment filed by U.S. NATIONAL ARCHIVES AND RECORDS ADMINISTRATION. (Attachments: # 1 Exhibit A - President Bush ltr to Archivist, # 2 Exhibit B - NARA Directive Part 9, # 3 Statement of Facts in Dispute, # 4 Text of Proposed Order)(Knapp, Michael) (Entered: 02/06/2019)
2019-02-2818Memorandum in opposition to re 10 MOTION for Summary Judgment filed by GRANT F. SMITH. (Attachments: # 1 Appendix List of Exhibits, # 2 Exhibit Exhibit A, # 3 Exhibit Exhibit B, # 4 Exhibit Exhibit C)(SMITH, GRANT) (Entered: 02/28/2019)
2019-02-2819REPLY to opposition to motion re 13 MOTION for Summary Judgment filed by GRANT F. SMITH; (See docket entry no. 18 to view.) (ztd) (Entered: 02/28/2019)
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