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Case TitleWITTES v. OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2020cv02020
Date Filed2020-07-23
Date ClosedOpen
JudgeJudge Carl J. Nichols
PlaintiffBENJAMIN WITTES
PlaintiffSCOTT R. ANDERSON
Case DescriptionBenjamin Wittes and Scott Anderson, editors of Lawfare, submitted two FOIA requests to the Office of the Director of National Intelligence. Their first request asked for records concerning the Analytic Objectivity and Process Surveys from 2015 through 2020. Their second request asked for records concerning the intelligence community employee climate survey from 2015 through 2020. Wittes and Anderson also requested expedited processing and a fee waiver. The agency acknowledged receipt of the requests. After hearing nothing further from the agency, Wittes and Anderson filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Vaughn index, Litigation - Attorney's fees

DefendantOFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE
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
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2020-07-231COMPLAINT against Office of the Director of National Intelligence ( Filing fee $ 400 receipt number ADCDC-7377444) filed by Scott R. Anderson. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Summons AG, # 8 Summons USAO, # 9 Summons ODNI, # 10 Civil Cover Sheet)(Tindall, Anne) (Entered: 07/23/2020)
2020-07-24Case Assigned to Judge Carl J. Nichols. (zsb) (Entered: 07/24/2020)
2020-07-242STANDING ORDER. Signed by Judge Carl J. Nichols on July 24, 2020. (lccjn1) (Entered: 07/24/2020)
2020-07-273SUMMONS (3) Issued Electronically as to OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(adh, ) (Entered: 07/27/2020)
2020-08-174RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 8/17/2020. Answer due for ALL FEDERAL DEFENDANTS by 9/16/2020. (Tindall, Anne) (Entered: 08/17/2020)
2020-08-175RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 8/17/2020. (Tindall, Anne) (Entered: 08/17/2020)
2020-08-176RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE served on 8/17/2020 (Tindall, Anne) (Entered: 08/17/2020)
2020-08-197MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Brittany Williams, Filing fee $ 100, receipt number ADCDC-7483778. Fee Status: Fee Paid. by SCOTT R. ANDERSON, BENJAMIN WITTES (Attachments: # 1 Declaration, # 2 Text of Proposed Order)(Tindall, Anne) (Entered: 08/19/2020)
2020-08-20MINUTE ORDER. The Court having considered Plaintiff's 7 Motion for Admission Pro Hac Vice of Brittany Williams, and it appearing to the Court that the attorney referenced therein meets the requirements for pro hac vice admission under Local Civil Rule 83.2(d), it is hereby ORDERED that the Motion is GRANTED. It is further ORDERED that Brittany Williams is ADMITTED to practice before the Court pro hac vice . Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). Click for instructions . Signed by Judge Carl J. Nichols on August 20, 2020. (lccjn2) (Entered: 08/20/2020)
2020-09-018NOTICE of Appearance by Brittany Marie Williams on behalf of SCOTT R. ANDERSON, BENJAMIN WITTES (Williams, Brittany) (Entered: 09/01/2020)
2020-09-169ANSWER to Complaint by OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE.(Abbuhl, Joshua) (Entered: 09/16/2020)
2020-09-23MINUTE ORDER. Before the Court in this Freedom of Information Act case are a Complaint and an Answer. According to Local Civil Rule 16.3, the requirements of Federal Rule of Civil Procedure 26(f) are inapplicable. It is hereby ORDERED that the Parties shall confer and file a Joint Status Report on or before October 14, 2020. The Joint Status Report shall address: (1) the status of Plaintiffs' FOIA requests; (2) the anticipated number of documents responsive to Plaintiffs' FOIA requests; (3) the anticipated date(s) for release of the documents requested by Plaintiffs; (4) whether a motion for stay is likely under Open America v. Watergate Special Prosecution Force , 547 F.2d 605 (D.C. Cir. 1976); (5) the possibility of prioritizing documents responsive to Plaintiffs' requests and any discussions regarding whether Plaintiffs' requests can be narrowed; and (6) whether the Parties anticipate summary judgment briefing and, if so, a proposed briefing schedule. Signed by Judge Carl J. Nichols on September 23, 2020. (lccjn1) (Entered: 09/23/2020)
2020-09-23Set/Reset Deadlines: Joint Status Report due by 10/14/2020. (zcal) (Entered: 09/24/2020)
2020-10-1310NOTICE of Appearance by Cristen Cori Handley on behalf of OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE (Handley, Cristen) (Entered: 10/13/2020)
2020-10-1311Unopposed MOTION for Extension of Time to File Joint Status Report by OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE (Attachments: # 1 Text of Proposed Order Proposed Order)(Handley, Cristen) (Entered: 10/13/2020)
2020-10-14MINUTE ORDER. After review of Defendant's 11 Unopposed Motion for Extension of Time to File Joint Status Report, it is hereby ORDERED that the Motion is GRANTED. It is further ORDERED that the Parties shall file a Joint Status Report by October 16, 2020. Signed by Judge Carl J. Nichols on October 14, 2020. (lccjn1) (Entered: 10/14/2020)
2020-10-15Set/Reset Deadlines: Joint Status Report due by 10/16/2020. (zcal) (Entered: 10/15/2020)
2020-10-1612Joint STATUS REPORT by OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE. (Abbuhl, Joshua) (Entered: 10/16/2020)
2020-10-22MINUTE ORDER. After review of the Parties' 12 Joint Status Report, it is hereby ORDERED that the Parties shall file an additional joint status report on or before October 30, 2020. Signed by Judge Carl J. Nichols on October 22, 2020. (lccjn1) (Entered: 10/22/2020)
2020-10-22Set/Reset Deadlines: Joint Status Report due by 10/30/2020. (zcal) (Entered: 10/22/2020)
2020-10-2613NOTICE OF WITHDRAWAL OF APPEARANCE as to OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE. Attorney Cristen Cori Handley terminated. (Handley, Cristen) (Entered: 10/26/2020)
2020-10-3014Joint STATUS REPORT by OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE. (Abbuhl, Joshua) (Entered: 10/30/2020)
2020-11-06MINUTE ORDER. After review of the Parties' 14 Joint Status Report, it is hereby ORDERED that the Parties shall file an additional Joint Status Report by December 4, 2020. Signed by Judge Carl J. Nichols on November 6, 2020. (lccjn1) (Entered: 11/06/2020)
2020-11-06Set/Reset Deadlines: Joint Status Report due by 12/4/2020. (zcal) (Entered: 11/09/2020)
2020-12-0415Joint STATUS REPORT by OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE. (Abbuhl, Joshua) (Entered: 12/04/2020)
2020-12-07MINUTE ORDER. After review of the Parties' 15 Joint Status Report, it is hereby ORDERED that the Parties shall file an additional Joint Status Report by January 14, 2021. Signed by Judge Carl J. Nichols on December 7, 2020. (lccjn1) (Entered: 12/07/2020)
2020-12-07Set/Reset Deadlines: Joint Status Report due by 1/14/2021. (zkh) (Entered: 12/07/2020)
2021-01-1416Joint STATUS REPORT by OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE. (Abbuhl, Joshua) (Entered: 01/14/2021)
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