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Case TitleREPORTERS COMMITTEE FOR FREEDOM OF THE PRESS v. UNITED STATES DEPARTMENT OF JUSTICE et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2019cv02847
Date Filed2019-09-23
Date ClosedOpen
JudgeJudge Thomas F. Hogan
PlaintiffREPORTERS COMMITTEE FOR FREEDOM OF THE PRESS
Case DescriptionThe Reporters Committee for Freedom of the Press submitted FOIA requests to the Criminal Division of the Department of Justice and the FBI for records concerning Bryan Carmody and a list of keywords. The Reporters Committee provided a privacy waiver from Carmody. The Reporters Committee also requested a fee waiver. Both agencies acknowledged receipt of the requests. The FBI denied the request under Exemption 7(A) (interference with ongoing investigation or proceeding). The Reporters Committee filed an administrative appeal of that decision. The Office of Information Policy upheld the FBI's denial. The Reporters Committee also submitted a FOIA request to the Executive Office for U.S. Attorneys for records about Carmody. The Reporters Committee also provided a privacy waiver from Carmody and requested a fee waiver. EOUSA acknowledged receipt of the request. After hearing nothing further from any of the agencies, the Reporters Committee filed suit..
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Public Interest Fee Waiver, Litigation - Attorney's fees

DefendantUNITED STATES DEPARTMENT OF JUSTICE
DefendantFEDERAL BUREAU OF INVESTIGATION
DefendantEXECUTIVE OFFICE FOR UNITED STATES ATTORNEYS
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
Complaint attachment 7
Complaint attachment 8
Complaint attachment 9
Complaint attachment 10
Complaint attachment 11
Opinion/Order [27]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2019-09-231COMPLAINT against EXECUTIVE OFFICE FOR UNITED STATES ATTORNEYS, FEDERAL BUREAU OF INVESTIGATION, UNITED STATES DEPARTMENT OF JUSTICE ( Filing fee $ 400 receipt number 0090-6393289) filed by REPORTERS COMMITTEE FOR FREEDOM OF THE PRESS. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Civil Cover Sheet, # 11 Summons)(Townsend, KatieLynn) (Entered: 09/23/2019)
2019-09-25Case Assigned to Judge Thomas F. Hogan. (zeg) (Entered: 09/25/2019)
2019-09-252SUMMONS (5) Issued Electronically as to EXECUTIVE OFFICE FOR UNITED STATES ATTORNEYS, FEDERAL BUREAU OF INVESTIGATION, UNITED STATES DEPARTMENT OF JUSTICE, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(zeg) (Entered: 09/25/2019)
2019-10-073RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. EXECUTIVE OFFICE FOR UNITED STATES ATTORNEYS served on 10/3/2019; FEDERAL BUREAU OF INVESTIGATION served on 10/1/2019; UNITED STATES DEPARTMENT OF JUSTICE served on 10/3/2019, RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 10/3/2019. ( Answer due for ALL FEDERAL DEFENDANTS by 11/2/2019.), RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 10/03/19. (Attachments: # 1 Affidavits of Mailing)(Townsend, KatieLynn) (Entered: 10/07/2019)
2019-10-094NOTICE of Appearance by Katherine Boyd Palmer-Ball on behalf of All Defendants (Palmer-Ball, Katherine) (Entered: 10/09/2019)
2019-10-315Consent MOTION for Extension of Time to Respond by EXECUTIVE OFFICE FOR UNITED STATES ATTORNEYS, FEDERAL BUREAU OF INVESTIGATION, UNITED STATES DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Palmer-Ball, Katherine) (Entered: 10/31/2019)
2019-11-04MINUTE ORDER granting 5 Consent Motion for Extension of Time to Respond. Accordingly, the defendants' response to the plaintiff's complaint shall be filed on or before November 12, 2019. Signed by Judge Thomas F. Hogan on November 4, 2019. (JK) (Entered: 11/04/2019)
2019-11-04Set/Reset Deadlines: Answer due by 11/12/2019. (JK) (Entered: 11/04/2019)
2019-11-126Consent MOTION for Extension of Time to Respond by EXECUTIVE OFFICE FOR UNITED STATES ATTORNEYS, FEDERAL BUREAU OF INVESTIGATION, UNITED STATES DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Palmer-Ball, Katherine) (Entered: 11/12/2019)
2019-11-157ANSWER to Complaint by EXECUTIVE OFFICE FOR UNITED STATES ATTORNEYS, FEDERAL BUREAU OF INVESTIGATION, UNITED STATES DEPARTMENT OF JUSTICE.(Palmer-Ball, Katherine) (Entered: 11/15/2019)
2019-11-15MINUTE ORDER granting 6 Consent Motion for Extension of Time to Respond. Accordingly, the defendants response to the complaint shall be filed on or before November 15, 2019. Signed by Judge Thomas F. Hogan on November 15, 2019. (JK) (Entered: 11/15/2019)
2019-11-18Set/Reset Deadlines: Answer to the Complaint due by 11/15/2019, (hs) (Entered: 11/18/2019)
2019-11-18MINUTE ORDER requiring the parties to confer and file a joint status report proposing a schedule for further proceedings. The status report should address the status of the plaintiff's FOIA request, including the anticipated number of documents responsive to the request, and the anticipated date(s) for the release of requested documents that are still being processed, if any. The parties shall file the joint status report on or before December 13, 2019. Signed by Judge Thomas F. Hogan on November 18, 2019. (JK) (Entered: 11/18/2019)
2019-11-18Set/Reset Deadlines: Joint Status Report due by 12/13/2019 (hs) (Entered: 11/18/2019)
2019-11-208NOTICE of Appearance by Adam Alexander Marshall on behalf of REPORTERS COMMITTEE FOR FREEDOM OF THE PRESS (Marshall, Adam) (Entered: 11/20/2019)
2019-12-139Joint STATUS REPORT by REPORTERS COMMITTEE FOR FREEDOM OF THE PRESS. (Attachments: # 1 Text of Proposed Order)(Townsend, KatieLynn) (Entered: 12/13/2019)
2019-12-18MINUTE ORDER. Upon consideration of the parties' 9 Joint Status Report, it is ORDERED that the parties shall submit another joint status report on or before January 7, 2020. Signed by Judge Thomas F. Hogan on December 18, 2019. (JK) (Entered: 12/18/2019)
2019-12-19Set/Reset Deadlines: Joint Status Report due by 1/7/2020 (hs) (Entered: 12/19/2019)
2020-01-0310NOTICE of Appearance by Gunita Singh on behalf of REPORTERS COMMITTEE FOR FREEDOM OF THE PRESS (Singh, Gunita) (Entered: 01/03/2020)
2020-01-0711Joint STATUS REPORT by REPORTERS COMMITTEE FOR FREEDOM OF THE PRESS. (Attachments: # 1 Text of Proposed Order)(Townsend, KatieLynn) (Entered: 01/07/2020)
2020-01-22MINUTE ORDER. Upon consideration of the parties' 11 Joint Status Report, it is ORDERED that the parties shall submit another joint status report on or before February 6, 2020. Signed by Judge Thomas F. Hogan on January 22, 2020. (JK) (Entered: 01/22/2020)
2020-01-23Set/Reset Deadlines: Joint Status Report due by 2/6/2020 (hs) (Entered: 01/23/2020)
2020-02-0612Joint STATUS REPORT by REPORTERS COMMITTEE FOR FREEDOM OF THE PRESS. (Attachments: # 1 Text of Proposed Order)(Townsend, KatieLynn) (Entered: 02/06/2020)
2020-02-10MINUTE ORDER. Upon consideration of the parties' 12 Joint Status Report, it is ORDERED that the parties shall submit another joint status report on or before February 20, 2020. Signed by Judge Thomas F. Hogan on February 10, 2020. (JK) (Entered: 02/10/2020)
2020-02-11Set/Reset Deadlines: Joint Status Report due by 2/20/2020 (hs) (Entered: 02/11/2020)
2020-02-2013Joint STATUS REPORT by EXECUTIVE OFFICE FOR UNITED STATES ATTORNEYS, FEDERAL BUREAU OF INVESTIGATION, UNITED STATES DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order)(Palmer-Ball, Katherine) (Entered: 02/20/2020)
2020-02-24MINUTE ORDER. Upon consideration of the parties' 13 Fourth Joint Status Report, it is ORDERED that this case shall proceed as follows: the defendants' motion for summary judgment shall be filed on or before April 30, 2020; the plaintiff's combined cross-motion for summary judgment and opposition to the defendant's motion shall be filed on or before June 5, 2020; the defendants' combined opposition to the plaintiff's cross-motion and reply shall be filed on or before July 7, 2020; and the plaintiff's reply shall be filed on or before July 28, 2020. Signed by Judge Thomas F. Hogan on February 24, 2020. (JK) (Entered: 02/24/2020)
2020-02-24Set/Reset Deadlines: Plaintiff's Cross Motions due by 6/5/2020. Defense's Response to Cross Motions due by 7/7/2020. Plaintiff's Reply to Cross Motions due by 7/28/2020. (zcal) (Entered: 02/24/2020)
2020-04-2914Unopposed MOTION for Extension of Time to File Motion for Summary Judgment by EXECUTIVE OFFICE FOR UNITED STATES ATTORNEYS, FEDERAL BUREAU OF INVESTIGATION, UNITED STATES DEPARTMENT OF JUSTICE (Attachments: # 1 Exhibit A, # 2 Text of Proposed Order)(Palmer-Ball, Katherine) (Entered: 04/29/2020)
2020-05-04MINUTE ORDER: GRANTING 14 Defendants' Unopposed Motion for Extension of Time to File Motion for Summary Judgment. The following schedule shall govern these proceedings: the defendants' motion for summary judgment shall be filed on or before June 2, 2020; the plaintiff's combined cross-motion for summary judgment and opposition to the defendant's motion shall be filed on or before July 2, 2020; the defendants' combined opposition to the plaintiff's cross-motion and reply shall be filed on or before August 3, 2020; and the plaintiff's reply shall be filed on or before August 24, 2020. Signed by Judge Thomas F. Hogan on May 4, 2020. (SM) (Entered: 05/04/2020)
2020-05-04Set/Reset Deadlines: Replies due by 8/24/2020. Summary Judgment motions due by 6/2/2020. Response to Motion for Summary Judgment due by 7/2/2020. Reply to Motion for Summary Judgment due by 8/3/2020. (hs) (Entered: 05/04/2020)
2020-06-0215MOTION for Summary Judgment by EXECUTIVE OFFICE FOR UNITED STATES ATTORNEYS, FEDERAL BUREAU OF INVESTIGATION, UNITED STATES DEPARTMENT OF JUSTICE (Attachments: # 1 Memorandum in Support, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Statement of Facts, # 7 Text of Proposed Order)(Palmer-Ball, Katherine) (Entered: 06/02/2020)
2020-07-0216Cross MOTION for Partial Summary Judgment by REPORTERS COMMITTEE FOR FREEDOM OF THE PRESS (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Declaration of Adam A. Marshall, # 4 Text of Proposed Order)(Townsend, KatieLynn) (Entered: 07/02/2020)
2020-07-0217Memorandum in opposition re 15 MOTION for Summary Judgment filed by REPORTERS COMMITTEE FOR FREEDOM OF THE PRESS. (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Declaration of Adam A. Marshall, # 4 Text of Proposed Order)(Townsend, KatieLynn) Modified docket event/text on 7/2/2020 (eg). (Entered: 07/02/2020)
2020-08-0318Unopposed MOTION for Extension of Time to File Combined Opposition and Reply Brief by EXECUTIVE OFFICE FOR UNITED STATES ATTORNEYS, FEDERAL BUREAU OF INVESTIGATION, UNITED STATES DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Palmer-Ball, Katherine) (Entered: 08/03/2020)
2020-08-04MINUTE ORDER: GRANTING 18 defendants' Unopposed Motion for Extension of Time to File Combined Opposition and Reply Brief. The defendants' combined opposition and reply shall be filed on or before August 6, 2020; and the plaintiff's reply shall be filed on or before August 27, 2020. Signed by Judge Thomas F. Hogan on August 4, 2020. (SM). (Entered: 08/04/2020)
2020-08-04Set/Reset Deadlines: Response/Reply due by 8/6/2020 Plaintiff's Reply due by 8/27/2020. (hs) (Entered: 08/04/2020)
2020-08-0619REPLY to opposition to motion re 15 MOTION for Summary Judgment filed by EXECUTIVE OFFICE FOR UNITED STATES ATTORNEYS, FEDERAL BUREAU OF INVESTIGATION, UNITED STATES DEPARTMENT OF JUSTICE. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Palmer-Ball, Katherine) (Entered: 08/06/2020)
2020-08-0620Memorandum in opposition to re 16 Cross MOTION for Partial Summary Judgment filed by EXECUTIVE OFFICE FOR UNITED STATES ATTORNEYS, FEDERAL BUREAU OF INVESTIGATION, UNITED STATES DEPARTMENT OF JUSTICE. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Defendants' Response to Plaintiff's Statement of Facts, # 6 Text of Proposed Order)(Palmer-Ball, Katherine) (Entered: 08/06/2020)
2020-08-2721REPLY to opposition to motion re 16 Cross MOTION for Partial Summary Judgment filed by REPORTERS COMMITTEE FOR FREEDOM OF THE PRESS. (Townsend, KatieLynn) (Entered: 08/27/2020)
2021-06-24MINUTE ORDER: A hearing on 15 Defendants' motion for summary judgment and 16 Plaintiff's cross motion for partial summary judgment is hereby SET for Wednesday, August 25, 2021 at 10:00 AM in Courtroom 26. Signed by Judge Thomas F. Hogan on June 24, 2021. (JRM) (Entered: 06/24/2021)
2021-06-25Set/Reset Hearings: Motion Hearing set for 8/25/2021 at 10:00 AM by VTC before Judge Thomas F. Hogan. (hs) (Entered: 06/25/2021)
2021-06-25Set/Reset Hearings: Motion Hearing reset for 8/25/2021 at 10:00 AM in Courtroom 26A before Judge Thomas F. Hogan. (hs) (Entered: 06/25/2021)
2021-07-1522NOTICE OF SUPPLEMENTAL AUTHORITY by REPORTERS COMMITTEE FOR FREEDOM OF THE PRESS (Attachments: # 1 Exhibit A)(Townsend, KatieLynn) (Entered: 07/15/2021)
2021-08-0523NOTICE OF SUBSTITUTION OF COUNSEL by Paul Cirino on behalf of All Defendants Substituting for attorney Katherine B. Palmer-Ball (Cirino, Paul) (Entered: 08/05/2021)
2021-08-0924Consent MOTION to Continue Motions Hearing by EXECUTIVE OFFICE FOR UNITED STATES ATTORNEYS, FEDERAL BUREAU OF INVESTIGATION, UNITED STATES DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order)(Cirino, Paul) (Entered: 08/09/2021)
2021-08-09MINUTE ORDER: GRANTING 24 Defendants' Consent Motion to Continue Motion Hearing. The hearing on 15 Defendants' motion for summary judgment and 16 Plaintiff's cross motion for partial summary judgment is hereby rescheduled for Monday, September 20, 2021 at 10:00 AM in Courtroom 26. Signed by Judge Thomas F. Hogan on August 9, 2021. (JRM) (Entered: 08/09/2021)
2021-08-10Set/Reset Hearings: Motion Hearing reset for 9/20/2021 at 10:00 AM in Courtroom 26A - In Person before Judge Thomas F. Hogan. (hs) (Entered: 08/10/2021)
2021-08-1625RESPONSE re 22 NOTICE OF SUPPLEMENTAL AUTHORITY filed by EXECUTIVE OFFICE FOR UNITED STATES ATTORNEYS, FEDERAL BUREAU OF INVESTIGATION, UNITED STATES DEPARTMENT OF JUSTICE. (Cirino, Paul) (Entered: 08/16/2021)
2021-09-20Minute Entry for proceedings held before Judge Thomas F. Hogan: Motion Hearing held on 9/20/2021, re 15 MOTION for Summary Judgment and 16 Cross MOTION for Partial Summary Judgment. Oral arguments heard and a written memorandum to be issued via Chambers. (Court Reporter: Janice Dickman) (zgdf) (Entered: 09/20/2021)
2021-11-0826ORDER granting in part and denying in part 15 Defendants' Motion for Summary Judgment; granting in part and denying in part 16 Plaintiff's Cross-Motion for Summary Judgment. See attached Order for details. Signed by Judge Thomas F. Hogan on November 8, 2021. (CR) (Entered: 11/08/2021)
2021-11-0827MEMORANDUM OPINION. Signed by Judge Thomas F. Hogan on November 8, 2021. (CR) (Entered: 11/08/2021)
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