Skip to content

Case Detail

[Subscribe to updates]
Case TitleWithey et al v. Federal Bureau of Investigation (FBI)
DistrictWestern District of Washington
CitySeattle
Case Number2:2018cv01635
Date Filed2018-11-09
Date ClosedOpen
JudgeU.S. District Judge John C Coughenour
PlaintiffMichael E. Withey
PlaintiffSharon Maeda
Case DescriptionMichael Withey and Sharon Maeda submitted FOIA requests to the FBI for records concerning Levane Malvison Forsythe, an FBI informant. The agency located 1,276 potentially responsive pages. The FBI disclosed records heavily redacted under Exemption 7(A) (interference with ongoing investigation or proceeding). Withey filed an administrative appeal, which was denied. Withey and Maeda then filed suit.
Complaint issues: Adequacy - Search, Litigation - Attorney's fees

DefendantFederal Bureau of Investigation (FBI)
Documents
Docket
Complaint
Complaint attachment 1
Opinion/Order [17]
Opinion/Order [20]
Opinion/Order [42]
Opinion/Order [49]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2018-11-091COMPLAINT against defendant(s) All Plaintiffs (Receipt # 0981-5538313) Attorney Fred Diamondstone added to party Sharon Maeda(pty:pla), Attorney Fred Diamondstone added to party Michael E. Withey(pty:pla), filed by Michael E. Withey, Sharon Maeda. (Attachments: # 1 Exhibit Ex 1-16 (with redactions))(Diamondstone, Fred) (Entered: 11/09/2018)
2018-11-092CIVIL COVER SHEET ; filed by Plaintiffs Sharon Maeda, Michael E. Withey. (Diamondstone, Fred) (Entered: 11/09/2018)
2018-11-123PRAECIPE TO ISSUE SUMMONS to FBI by Plaintiffs Sharon Maeda, Michael E. Withey (Attachments: # 1 Summons)(Diamondstone, Fred) (Entered: 11/12/2018)
2018-11-13U.S. District Judge John C Coughenour added. (GT) (Entered: 11/13/2018)
2018-11-134Summons Electronically Issued as to defendant Federal Bureau of Investigation (FBI) (GT) (Entered: 11/13/2018)
2018-11-145AFFIDAVIT of Mailing of Summons and Complaint to FBI - Director OIP on 11/13/2018, filed by Plaintiffs Sharon Maeda, Michael E. Withey. (Diamondstone, Fred) (Entered: 11/14/2018)
2018-11-146MINUTE ENTRY re: STATUS CONFERENCE. The attorney who will be responsible for trying the case, or that attorney's representative, should attend the conference and be prepared to discuss the following matters at the conference: 1. An estimate of the number of days needed for trial; 2. The date by which the case will be ready for trial; 3. Whether the parties intend to mediate per LCR 39.1 and, if so, when the parties expect to complete mediation; If counsel's office is outside of the Greater Metropolitan Seattle area, local counsel should attend on behalf of non-local counsel. If local counsel is unavailable, non-local counsel may make arrangements to participate telephonically in the conference by contacting the Courtroom Deputy Clerk at Paul_Pierson@wawd.uscourts.gov at least TEN (10) DAYS in advance of the proceeding. Counsel do NOT need to file a Joint Status Report or Rule 26(f) Report in advance of the Status Conference. Counsel should plan on arriving 10-15 minutes early to check in with the Courtroom Deputy Clerk as the Court's calendar begins promptly at 9:00 a.m. COUNSEL OR THE PRO SE PARTY WHO FILED THIS MATTER SHALL IMMEDIATELY NOTIFY ALL PARTIES OF THE DATE AND TIME OF THE SCHEDULED STATUS CONFERENCE. A Status Conference is ordered set for 2/26/2019 at 9:00 AM in Courtroom 16206 before U.S. District Judge John C. Coughenour. (PP) (Entered: 11/14/2018)
2018-11-147ORDER REGARDING DISCOVERY AND DEPOSITIONS by U.S. District Judge John C. Coughenour. (PP) (Entered: 11/14/2018)
2018-11-148NOTICE TO FILER: re 1 Complaint. Notice of Filing Deficiency ** Action Required ** See Attached Letter for More Information and Instructions. (KB) (Entered: 11/14/2018)
2018-11-149NOTICE of Related Case(s) 82-1055, by Plaintiffs Sharon Maeda, Michael E. Withey. (Diamondstone, Fred) (Entered: 11/14/2018)
2018-11-2010PRAECIPE TO ISSUE SUMMONS to FBI by Plaintiffs Sharon Maeda, Michael E. Withey (Attachments: # 1 Summons)(Diamondstone, Fred) (Entered: 11/20/2018)
2018-11-2111Second Summons Electronically Issued as to defendant Federal Bureau of Investigation (FBI) (TH) (Entered: 11/21/2018)
2018-12-1412NOTICE of Appearance by attorney Kayla Stahman on behalf of Defendant Federal Bureau of Investigation (FBI). (Stahman, Kayla) (Entered: 12/14/2018)
2018-12-1413NOTICE of Appearance by attorney Katie Denise Fairchild on behalf of Defendant Federal Bureau of Investigation (FBI). (Fairchild, Katie) (Entered: 12/14/2018)
2018-12-1914ERRATA re 1 Complaint, with Corrected Complaint (Attached) by Plaintiffs Sharon Maeda, Michael E. Withey (Attachments: # 1 Complaint)(Diamondstone, Fred) (Entered: 12/19/2018)
2018-12-2115ANSWER to 1 Complaint, by Federal Bureau of Investigation (FBI).(Fairchild, Katie) (Entered: 12/21/2018)
2019-01-1416MOTION to Stay Case in Light of Lapse of Appropriations , filed by Defendant Federal Bureau of Investigation (FBI). (Attachments: # 1 Proposed Order) Noting Date 1/14/2019, (Fairchild, Katie) (Entered: 01/14/2019)
2019-01-1517MINUTE ORDER granting Defendant's 16 Motion to Stay Case in Light of Lapse of Appropriations . The case is STAYED until appropriations have been restored to Defendant. All deadlines shall be EXTENDED commensurate with the duration of the lapse of appropriations. Authorized by U.S. District Judge John C Coughenour. (TH) (Entered: 01/15/2019)
2019-01-2918Stipulated MOTION To Set Status Conference , filed by Plaintiffs Sharon Maeda, Michael E. Withey. (Diamondstone, Fred) (Entered: 01/29/2019)
2019-01-2919NOTICE of Appropriations Received re 17 Order on Motion to Stay, ; filed by Defendant Federal Bureau of Investigation (FBI). (Fairchild, Katie) (Entered: 01/29/2019)
2019-01-3020MINUTE ORDER re Parties' 18 Stipulated Motion To Set Status Conference. Status Conference reset for 3/5/2019 at 9:00 AM . The stay on the case is LIFTED. Authorized by U.S. District Judge John C Coughenour. (TH) (Entered: 01/30/2019)
2019-03-0521MINUTE ENTRY re: STATUS CONFERENCE held before United States District Judge John C. Coughenour; Courtroom Deputy Clerk Paul Pierson; Court Reporter Vernon; Plaintiff(s) Counsel Michael Withey, Fred Diamondstone & Leah Snyder; Defendant(s) Counsel Katie Fairchild & Kayla Stahman. The case was called and counsel made their appearance. The Court inquires of counsel concerning their desired trial date and time estimate for trial. Note that all depositions, discovery and perpetuation, must be completed before the discovery completion date. Counsel are advised that this case is one of several cases set for the week described below. Counsel shall be prepared to commence trial as scheduled, but understand that the trial may have to be continued. Counsel are directed to contact the Courtroom Deputy Clerk at paul_pierson@wawd.uscourts.gov 2-4 weeks in advance of the trial date regarding the Court`s trial calendar. Case management dates are established as follows: 5 DAY ESTIMATE for a COURT TRIAL set on 7/6/2020 at 9:30 AM in Courtroom 16206 before U.S. District Judge John C. Coughenour. Proposed Pretrial Order is due by 6/26/2020. Pleading amendment/3rd pty action is/are due by 8/2/2019. Trial briefs will be submitted by 7/2/2020. Discovery cutoff is 120 days before trial and the dispositive motion filing deadline is 90 days before trial. Counsel shall attend Courtroom Technology Training at least 1 month in advance of the trial date in order to become familiar utilizing the new A/V equipment now available in the courtroom. Training is held at 3:00 p.m. on the 1st and 3rd Wednesday of each month in Courtroom 18B. (PP) (Entered: 03/05/2019)
2019-10-0422NOTICE of Unavailability of counsel Fred Diamondstone for Plaintiffs Sharon Maeda, Michael E. Withey from Nov. 1, 2019 - Nov. 11, 2019. (Diamondstone, Fred) (Entered: 10/04/2019)
2019-10-1023MOTION for Partial Summary Judgment Re Identity of FBI Agents and Publicly Available Details of the Loan Shark Investigation , filed by Plaintiffs Sharon Maeda, Michael E. Withey. Oral Argument Requested. Noting Date 12/6/2019, (Diamondstone, Fred) (Entered: 10/10/2019)
2019-10-1024DECLARATION of Cynthia Domingo filed by Plaintiffs Sharon Maeda, Michael E. Withey re 23 MOTION for Partial Summary Judgment Re Identity of FBI Agents and Publicly Available Details of the Loan Shark Investigation (Diamondstone, Fred) (Entered: 10/10/2019)
2019-10-1025DECLARATION of Sharon Maeda filed by Plaintiffs Sharon Maeda, Michael E. Withey re 23 MOTION for Partial Summary Judgment Re Identity of FBI Agents and Publicly Available Details of the Loan Shark Investigation (Diamondstone, Fred) (Entered: 10/10/2019)
2019-10-1026DECLARATION of Michael E. Withey filed by Plaintiffs Sharon Maeda, Michael E. Withey re 23 MOTION for Partial Summary Judgment Re Identity of FBI Agents and Publicly Available Details of the Loan Shark Investigation (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, part A, # 4 Exhibit 3, part B, # 5 Exhibit 4, # 6 Exhibit 5, Part A, # 7 Exhibit 5, Part B1, # 8 Exhibit 5, Part B2, # 9 Exhibit 5, Part C, # 10 Exhibit 6, # 11 Exhibit 7, # 12 Exhibit 8, # 13 Exhibit 9, # 14 Exhibit 10, # 15 Exhibit 11, # 16 Exhibit 12, # 17 Exhibit 13, # 18 Exhibit 14, Part A, # 19 Exhibit 14, Part B, # 20 Exhibit 14, Part C, # 21 Exhibit 15, # 22 Exhibit 16, # 23 Exhibit 17, # 24 Exhibit 18, # 25 Exhibit 19, # 26 Exhibit 20, # 27 Exhibit 21, # 28 Exhibit 22, # 29 Exhibit 23, # 30 Exhibit Notice of Filing Object (Ex 24), # 31 Exhibit 25, # 32 Exhibit 26, # 33 Exhibit 28, # 34 Exhibit 29, # 35 Exhibit 30)(Diamondstone, Fred) (Entered: 10/10/2019)
2019-10-1128NOTICE of Filing Flash Drive video (Withey Declaration in Support of Motion for Partial Summary Judgment - Ex. 24) in Paper or Physical Form with the Clerk's Office by Plaintiffs Sharon Maeda, Michael E. Withey. in re 26 Declaration. (TH) (placed in on accordion folder in Seattle's Filing Shelf) (Entered: 10/15/2019)
2019-10-1527ERRATA re 26 Declaration,,,, With Exhibit 27, attached by Plaintiffs Sharon Maeda, Michael E. Withey (Attachments: # 1 Exhibit Ex. 27)(Diamondstone, Fred) (Entered: 10/15/2019)
2019-11-1429MOTION for Protective Order , filed by Defendant Federal Bureau of Investigation (FBI). Noting Date 12/13/2019, (Stahman, Kayla) (Entered: 11/14/2019)
2019-11-1430DECLARATION of David M. Hardy filed by Defendant Federal Bureau of Investigation (FBI) re 29 MOTION for Protective Order (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P, # 17 Exhibit Q, # 18 Exhibit R, # 19 Exhibit S, # 20 Exhibit T, # 21 Exhibit U, # 22 Exhibit V)(Stahman, Kayla) (Entered: 11/14/2019)
2019-11-1431DECLARATION of Thomas Everett filed by Defendant Federal Bureau of Investigation (FBI) re 29 MOTION for Protective Order (Attachments: # 1 Exhibit A)(Stahman, Kayla) (Entered: 11/14/2019)
2019-11-1532PROPOSED ORDER (Unsigned) re 29 MOTION for Protective Order (Stahman, Kayla) (Entered: 11/15/2019)
2019-11-1533NOTICE that the following is RE-NOTED: 23 MOTION for Partial Summary Judgment Re Identity of FBI Agents and Publicly Available Details of the Loan Shark Investigation . Filed by Plaintiffs Sharon Maeda, Michael E. Withey. Noting Date 12/13/2019, (Diamondstone, Fred) (Entered: 11/15/2019)
2019-12-0934CROSS-MOTION AND RESPONSE re 23 MOTION for Partial Summary Judgment Re Identity of FBI Agents and Publicly Available Details of the Loan Shark Investigation ., filed by Defendant Federal Bureau of Investigation (FBI). (Attachments: # 1 Proposed Order) Noting Date 1/3/2020, (Fairchild, Katie) (Entered: 12/09/2019)
2019-12-0935Second DECLARATION of David M. Hardy filed by Defendant Federal Bureau of Investigation (FBI) re 34 CROSS-MOTION AND RESPONSE re 23 MOTION for Partial Summary Judgment Re Identity of FBI Agents and Publicly Available Details of the Loan Shark Investigation . (Attachments: # 1 Exhibit A)(Fairchild, Katie) (Entered: 12/09/2019)
2019-12-0936RESPONSE, by Plaintiffs Sharon Maeda, Michael E. Withey, to 29 MOTION for Protective Order . (Diamondstone, Fred) (Entered: 12/09/2019)
2019-12-0937DECLARATION of Michael E. Withey filed by Plaintiffs Sharon Maeda, Michael E. Withey re 29 MOTION for Protective Order (Attachments: # 1 Exhibit 1 through 5)(Diamondstone, Fred) (Entered: 12/09/2019)
2019-12-0938DECLARATION of Fred Diamondstone filed by Plaintiffs Sharon Maeda, Michael E. Withey re 29 MOTION for Protective Order (Attachments: # 1 Exhibit 1 through 5, # 2 Exhibit 6 through 11)(Diamondstone, Fred) (Entered: 12/09/2019)
2019-12-0940NOTICE of Filing Exhibit 1 to the Declaration of Michael Whitney in Opposition to Motion for Protective Order in Paper or Physical Form with the Clerk's Office by Plaintiff Michael E. Withey. (TH) (placed in one accordion folder in Seattle's Clerk's Office filing shelf) (Entered: 12/10/2019)
2019-12-10NOTICE REGARDING LACK OF PROPER SIGNATURE. The 37 Declaration was not signed by Michael E. Withey . Signatures must be in accordance with FRCP 11 and LCR 83.2(a) and must comply with ECF Filing Procedures . Please file corrected signature page using Praecipe to Attach event and link to original filing. (TH) (Entered: 12/10/2019)
2019-12-1039ERRATA to DKT 37 , CORRECTED & SIGNED Declaration by Plaintiff Michael E. Withey (Attachments: # 1 Supplement Corrected Declaration (to DKT 37 ))(Diamondstone, Fred) Modified on 12/11/2019 to add docket entry relationship (TH). (Entered: 12/10/2019)
2019-12-10NOTICE TO FILER: re 40 Notice of Filing Paper or Physical Materials. Pursuant to LCR 5(d), unless otherwise specifically ordered by the court or directed by the clerk, all counsel are required to electronically file documents through the court's electronic filing system and to comply with the electronic filing procedures for the district. The court's Electronic Filing Procedures for Civil and Criminal Cases can be found on the court's website at www.wawd.uscourts.gov. (TH) (Entered: 12/10/2019)
2019-12-1141Stipulated MOTION for Deadlines and Combined Response , filed by Defendant Federal Bureau of Investigation (FBI). Noting Date 12/11/2019, (Fairchild, Katie) (Entered: 12/11/2019)
2019-12-1242MINUTE ORDER granting parties' 41 Stipulated Motion for entry of a proposed scheduling order. Defendant must file its reply in support of its motion for a protective order (Dkt. No. 29 ) by December 20, 2019. The Clerk is DIRECTED to re-note the motion for December 20, 2019. In support of Plaintiffs' partial motion for summary judgment (Dkt. No. 23 ) andin opposition to Defendant's cross-motion for summary judgment (Dkt. No. 34 ), Plaintiffs must file one joint opposition and reply by January 10, 2020. Defendant must file its reply no later than January 24, 2020. The clerk is DIRECTED to re-note both motions for January 24, 2020. Authorized by U.S. District Judge John C Coughenour. (TH) (Entered: 12/12/2019)
2019-12-2043DECLARATION of David M. Hardy by Defendant Federal Bureau of Investigation (FBI) (Fairchild, Katie) (Entered: 12/20/2019)
2019-12-2044REPLY, filed by Defendant Federal Bureau of Investigation (FBI), TO RESPONSE to 29 MOTION for Protective Order (Fairchild, Katie) (Entered: 12/20/2019)
2020-01-1045REPLY, filed by Plaintiffs Sharon Maeda, Michael E. Withey, TO RESPONSE to 34 CROSS-MOTION AND RESPONSE re 23 MOTION for Partial Summary Judgment Re Identity of FBI Agents and Publicly Available Details of the Loan Shark Investigation ., 23 MOTION for Partial Summary Judgment Re Identity of FBI Agents and Publicly Available Details of the Loan Shark Investigation (Diamondstone, Fred) (Entered: 01/10/2020)
2020-01-1046DECLARATION of Kathy Leodler filed by Plaintiffs Sharon Maeda, Michael E. Withey re 34 CROSS-MOTION AND RESPONSE re 23 MOTION for Partial Summary Judgment Re Identity of FBI Agents and Publicly Available Details of the Loan Shark Investigation ., 23 MOTION for Partial Summary Judgment Re Identity of FBI Agents and Publicly Available Details of the Loan Shark Investigation (Diamondstone, Fred) (Entered: 01/10/2020)
2020-01-1347PRAECIPE to attach document (Signed signature page) re 46 Declaration, by Plaintiffs Sharon Maeda, Michael E. Withey (Attachments: # 1 Exhibit Signature Page of Kathy Leodler (DKT 46))(Diamondstone, Fred) (Entered: 01/13/2020)
2020-01-2148Stipulated MOTION to Re-Note Plaintiffs' Partial Motion for Summary Judgment and Defendant's Cross-Motion , filed by Defendant Federal Bureau of Investigation (FBI). Noting Date 1/21/2020, (Fairchild, Katie) (Entered: 01/21/2020)
Hide Docket Events
by FOIA Project Staff
Skip to toolbar