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Case TitleKinnucan v. National Security Agency et al
DistrictWestern District of Washington
CitySeattle
Case Number2:2020cv01309
Date Filed2020-09-01
Date ClosedOpen
JudgeJudge Marsha J. Pechman
PlaintiffMichelle J Kinnucan
Case DescriptionMichelle Kinnucan submitted FOIA requests to the National Security Agency, the CIA, and the Defense Intelligence Agency for records concerning the 1967 attack on the U.S. Liberty by Israeli air and naval forces. The agencies acknowledged receipt of the requests but after hearing nothing further from any of the agencies, Kinnucan filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Attorney's fees

DefendantNational Security Agency
DefendantCentral Intelligence Agency
DefendantDefense Intelligence Agency
DefendantDefense Intelligence Agency
TERMINATED: 09/28/2021
DefendantDepartment of Defense
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
Opinion/Order [12]
Opinion/Order [14]
Opinion/Order [16]
Opinion/Order [24]
Opinion/Order [26]
Opinion/Order [40]
User-contributed Documents
 [015] Status Order and Stipulated Motion
[015] Status Order and Stipulated Motion
Docket Events (Hide)
Date FiledDoc #Docket Text

2020-09-011COMPLAINT against All Defendants (Receipt # AWAWDC-6569887) Attorney Caesar David Kalinowski added to party Michelle L Kinnucan(pty:pla), filed by Michelle L Kinnucan. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Civil Cover Sheet, # 6 Summons, # 7 Summons, # 8 Summons, # 9 Summons)(Kalinowski, Caesar) (Entered: 09/01/2020)
2020-09-02Judge David W. Christel added. (RE) (Entered: 09/02/2020)
2020-09-022Summons(es) Electronically Issued as to defendant(s) Central Intelligence Agency, Defense Intelligence Agency, Department of Defense, National Security Agency. (Attachments: # 1 Summons- Defense Intelligence, # 2 Summons- National Security, # 3 Summons- Dept of Defense)(RE) (Entered: 09/02/2020)
2020-10-083NOTICE of Appearance by attorney Katie Denise Fairchild on behalf of Defendants Central Intelligence Agency, Defense Intelligence Agency, Department of Defense, National Security Agency. (Fairchild, Katie) (Entered: 10/08/2020)
2020-10-084ANSWER to 1 Complaint, by Central Intelligence Agency, Defense Intelligence Agency, Department of Defense, National Security Agency. (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)(Fairchild, Katie) (Entered: 10/08/2020)
2020-10-095NOTICE OF ASSIGNMENT TO A US MAGISTRATE JUDGE AND DECLINATION OF CONSENT FORM. Each party will be deemed to have knowingly and voluntarily consented to proceed before a Magistrate Judge if this form is not returned by 10/16/2020. Please Note: Forms must not be electronically filed with the Court. (KEB) (Entered: 10/09/2020)
2020-10-096CERTIFICATE OF SERVICE by Plaintiff Michelle J Kinnucan re 2 Summons Issued, 1 Complaint, (Arnold, Allexia) (Entered: 10/09/2020)
2020-10-097MINUTE ORDER REASSIGNING CASE. Case reassigned to Judge Marsha J. Pechman for all further proceedings. Magistrate Judge David W. Christel no longer assigned to case, by Clerk, William M McCool. (KEB) (Entered: 10/09/2020)
2020-10-198ORDER REGARDING INITIAL DISCLOSURES AND JOINT STATUS REPORT Joint Status Report due by 11/30/2020, FRCP 26(f) Conference Deadline is 11/16/2020, Initial Disclosure Deadline is 11/23/2020. Signed by Judge Marsha J. Pechman. (GC) (Entered: 10/19/2020)
2020-11-25MINUTE ORDER: At the parties' request, an extension of time to file the joint status report is granted. The report will be due on 1/26/2021. Failure to adhere to this deadline may result in sanctions, up to and including dismissal of this action. Authorized by Judge Marsha J. Pechman. (GC) (Entered: 11/25/2020)
2021-01-269APPLICATION OF ATTORNEY Thomas Burke FOR LEAVE TO APPEAR PRO HAC VICE for Plaintiff Michelle J Kinnucan (Fee Paid) Receipt No. AWAWDC-6899271 (Kalinowski, Caesar) (Entered: 01/26/2021)
2021-01-2610Stipulated MOTION and Status Report and [Proposed] Order , filed by Defendants Central Intelligence Agency, Defense Intelligence Agency, Department of Defense, National Security Agency. Noting Date 1/26/2021, (Fairchild, Katie) (Entered: 01/26/2021)
2021-01-2711ORDER re 9 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Thomas R Burke for plaintiff Michelle J Kinnucan, by Clerk William M McCool. No document associated with this docket entry, text only. NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d). (CDA) (Entered: 01/27/2021)
2021-01-2712ORDER re Parties' 10 Stipulated Motion and Status Report. The parties shall provide this Court with a status update within 60 days. Signed by Judge Marsha J. Pechman. (LH) (Entered: 01/27/2021)
2021-03-2913STATUS REPORT AND STIPULATED MOTION AND [PROPOSED] ORDER by Defendants Central Intelligence Agency, Defense Intelligence Agency, Department of Defense, National Security Agency (Fairchild, Katie) (Entered: 03/29/2021)
2021-03-3014ORDER re Parties' 13 Status Report and Stipulated Motion. The Court GRANTS the Parties' Motion and allows the Parties an additional 60 days to continue to confer. However, this will be the Parties' final extension. If they are unable to come to an agreement, they must propose a briefing schedule within 60 days of the date of this Order. Signed by Judge Marsha J. Pechman. (PM) (Entered: 03/30/2021)
2021-06-0115STATUS REPORT AND STIPULATED MOTION AND [PROPOSED] ORDER by Defendants Central Intelligence Agency, Defense Intelligence Agency, Department of Defense, National Security Agency (Fairchild, Katie) (Entered: 06/01/2021)
2021-06-2916MINUTE ORDER. The Court GRANTS the Parties' stipulated motion. (Dkt. No. 15 .) The proposed briefing scheduled is adopted. Authorized by Judge Marsha J. Pechman. (PM) (Entered: 06/29/2021)
2021-07-1617AMENDED COMPLAINT against All Defendants, filed by Michelle J Kinnucan. (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)(Kalinowski, Caesar) (Entered: 07/16/2021)
2021-07-2018PRAECIPE re 17 Amended Complaint, with Praecipe Exhibit A by Plaintiff Michelle J Kinnucan (Attachments: # 1 Exhibit A)(Kalinowski, Caesar) (Entered: 07/20/2021)
2021-07-3019ANSWER to 17 Amended Complaint, by Central Intelligence Agency, Defense Intelligence Agency, Department of Defense, National Security Agency. (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 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17)(Fairchild, Katie) (Entered: 07/30/2021)
2021-08-2720MOTION for Summary Judgment , filed by Plaintiff Michelle J Kinnucan. Oral Argument Requested. Noting Date 10/29/2021 10/8/2021 (Kalinowski, Caesar) Modified to re-note per docket no. 24 on 9/17/2021 (SB). (Entered: 08/27/2021)
2021-08-2721DECLARATION of Michelle Kinnucan filed by Plaintiff Michelle J Kinnucan re 20 MOTION for Summary Judgment (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 Exhibit 10)(Kalinowski, Caesar) (Entered: 08/27/2021)
2021-08-2722DECLARATION of Caesar Kalinowski filed by Plaintiff Michelle J Kinnucan re 20 MOTION for Summary Judgment (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Kalinowski, Caesar) (Entered: 08/27/2021)
2021-09-1623Stipulated MOTION AND [PROPOSED] ORDER , filed by Defendants Central Intelligence Agency, Defense Intelligence Agency, Department of Defense, National Security Agency. Noting Date 9/16/2021, (Fairchild, Katie) (Entered: 09/16/2021)
2021-09-1724ORDER granting Parties' 23 Stipulated Motion. Defendants will file their Cross-Motion for Summary Judgment and Opposition by 10/1/2021. Plaintiff will file her Opposition and Reply by 10/15/2021. Defendants will file their Reply by 10/29/2021. Signed by Judge Marsha J. Pechman. (SB) (Entered: 09/17/2021)
2021-09-2425Stipulated MOTION AND [PROPOSED] PARTIAL ORDER OF DISMISSAL , filed by Defendants Central Intelligence Agency, Defense Intelligence Agency, Department of Defense, National Security Agency. Noting Date 9/24/2021, (Fairchild, Katie) (Entered: 09/24/2021)
2021-09-2826ORDER re Parties' 25 Stipulated Motion. All of Plaintiff's claims against Defendant, Defense Intelligence Agency (DIA), and any claim against Defendant, Department of Defense (DOD) that is based on a Freedom of Information Act (FOIA) request to DIA are dismissed. Defense Intelligence Agency terminated. Signed by Judge Marsha J. Pechman.(PM) (Entered: 09/28/2021)
2021-10-0127CROSS MOTION AND RESPONSE re 20 MOTION for Summary Judgment , filed by Defendants Central Intelligence Agency, Department of Defense, National Security Agency. Noting Date 10/29/2021, (Fairchild, Katie) (Entered: 10/01/2021)
2021-10-0128DECLARATION of Jonathan David Hubbard filed by Defendants Central Intelligence Agency, Department of Defense, National Security Agency re 27 CROSS MOTION AND RESPONSE re 20 MOTION for Summary Judgment (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Fairchild, Katie) (Entered: 10/01/2021)
2021-10-0129DECLARATION of Linda M. Kiyosaki filed by Defendants Central Intelligence Agency, Department of Defense, National Security Agency re 27 CROSS MOTION AND RESPONSE re 20 MOTION for Summary Judgment (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)(Fairchild, Katie) (Entered: 10/01/2021)
2021-10-0130DECLARATION of Vanna Blaine filed by Defendants Central Intelligence Agency, Department of Defense, National Security Agency re 27 CROSS MOTION AND RESPONSE re 20 MOTION for Summary Judgment (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)(Fairchild, Katie) (Entered: 10/01/2021)
2021-10-1531REPLY, filed by Plaintiff Michelle J Kinnucan, TO RESPONSE to 20 MOTION for Summary Judgment , 27 CROSS MOTION AND RESPONSE re 20 MOTION for Summary Judgment (Kalinowski, Caesar) (Entered: 10/15/2021)
2021-10-1532DECLARATION of Paul N. "Pete" McCloskey filed by Plaintiff Michelle J Kinnucan re 20 MOTION for Summary Judgment , 27 CROSS MOTION AND RESPONSE re 20 MOTION for Summary Judgment (Kalinowski, Caesar) (Entered: 10/15/2021)
2021-10-1533DECLARATION of Larry L. Bowen filed by Plaintiff Michelle J Kinnucan re 20 MOTION for Summary Judgment , 27 CROSS MOTION AND RESPONSE re 20 MOTION for Summary Judgment (Kalinowski, Caesar) (Entered: 10/15/2021)
2021-10-1534DECLARATION of Michael Morisy filed by Plaintiff Michelle J Kinnucan re 20 MOTION for Summary Judgment , 27 CROSS MOTION AND RESPONSE re 20 MOTION for Summary Judgment (Kalinowski, Caesar) (Entered: 10/15/2021)
2021-10-2935REPLY, filed by Defendants Central Intelligence Agency, Department of Defense, National Security Agency, TO RESPONSE to 27 CROSS MOTION AND RESPONSE re 20 MOTION for Summary Judgment (Fairchild, Katie) (Entered: 10/29/2021)
2021-10-2936DECLARATION of Katie D. Fairchild filed by Defendants Central Intelligence Agency, Department of Defense, National Security Agency re 27 CROSS MOTION AND RESPONSE re 20 MOTION for Summary Judgment (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Fairchild, Katie) (Entered: 10/29/2021)
2021-10-2937DECLARATION of Sara K. Stevens filed by Defendants Central Intelligence Agency, Department of Defense, National Security Agency re 27 CROSS MOTION AND RESPONSE re 20 MOTION for Summary Judgment (Fairchild, Katie) (Entered: 10/29/2021)
2021-11-17Set Hearings: Oral Argument Hearing set for 12/1/2021 at 01:00 PM before Judge Marsha J. Pechman. This hearing will be conducted remotely using the Zoom platform. (GC) (Entered: 11/17/2021)
2021-12-06Reset Hearings: Oral Argument Hearing set for 12/16/2021 at 03:00 PM before Judge Marsha J. Pechman. This hearing will be conducted remotely using Zoom. (GC) (Entered: 12/06/2021)
2021-12-1638MINUTE ENTRY for proceedings held before Judge Marsha J. Pechman- Dep Clerk: Grant Cogswell ; Pla Counsel: Caesar Kalinowski, Thomas Burke, Allexia Arnold ; Def Counsel: Katie Fairchild ; CR: Sheri Schelbert ; Time of Hearing: 3:00PM ; Oral Argument Hearing - Via Zoom held on 12/16/2021. The Court hears oral argument from the parties on MOTION for Summary Judgment (Dkt. # 20 .) The Court takes this matter under advisement and will issue a written ruling by 12/29/2021. (GC) (Entered: 12/17/2021)
2021-12-2039TRANSCRIPT REQUEST by Plaintiff Michelle J Kinnucan for proceedings held on 12/16/2021 re 38 In Court Hearing,,. Requesting Attorney: Caesar David Kalinowski. Posting of this Transcript Order form does not constitute an official request for transcript(s). If you have not already done so, you MUST contact the individual court reporter(s), Sheri Schelbert (sheri_schelbert@wawd.uscourts.gov, 206-370-8507) to make payment arrangements and secure your desired delivery time. (Kalinowski, Caesar) (Entered: 12/20/2021)
2021-12-2840ORDER denying Plaintiff's 20 Motion for Summary Judgment and granting Defendants' 27 Cross Motion on this issue. Signed by Judge Marsha J. Pechman. (SB) (Entered: 12/28/2021)
2022-01-0341NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Example- Motion Hearing held on 12/16/2021 before Judge Marsha J. Pechman. Parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Information regarding the policy can be found on the court's website at www.wawd.uscourts.gov . To purchase a copy of the transcript, contact court reporter Sheri Schelbert, sheri_schelbert@wawd.uscourts.gov Release of Transcript Restriction set for 4/4/2022, (Schelbert, Sheri) (Entered: 01/03/2022)
2022-01-06Set Hearing: Telephone Conference set for 1/7/2022 at 10:00 AM before Judge Marsha J. Pechman. (GC) (Entered: 01/06/2022)
2022-01-0742MINUTE ENTRY for proceedings held before Judge Marsha J. Pechman- Dep Clerk: Grant Cogswell ; Pla Counsel: Caesar Kalinowski ; Def Counsel: Katie Fairchild ; CR: Debbie Zurn ; Time of Hearing: 9:30AM ; Telephone Conference held on 1/7/2022. Also present on the call is Linfield Scott "Scooter" Slade III. The Court discusses the logistics of handling classified documents in-camera. Mr. Slade requests to speak ex-parte with the Court. Plaintiff and Defendant do not object and orally waive their presence so the Court may speak ex-parte with Mr. Slade. (GC) (Entered: 01/07/2022)
2022-01-0743NOTICE OF WITHDRAWAL OF COUNSEL: Attorney Allexia Arnold for Plaintiff Michelle J Kinnucan. (Arnold, Allexia) (Entered: 01/07/2022)
2022-01-1144TRANSCRIPT REQUEST by Defendants Central Intelligence Agency, Department of Defense, National Security Agency for proceedings held on 12/16/2021 re 41 Notice of Filing of Official Transcript,,, 38 In Court Hearing,,. Requesting Attorney: Katie Denise Fairchild. Posting of this Transcript Order form does not constitute an official request for transcript(s). If you have not already done so, you MUST contact the individual court reporter(s), Sheri Schelbert (sheri_schelbert@wawd.uscourts.gov, 206-370-8507) to make payment arrangements and secure your desired delivery time. (Fairchild, Katie) (Entered: 01/11/2022)
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