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Case TitleCATO INSTITUTE v. FEDERAL BUREAU OF INVESTIGATION et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2020cv03678
Date Filed2020-12-15
Date ClosedOpen
JudgeJudge Amit P. Mehta
PlaintiffCATO INSTITUTE
Case DescriptionThe Cato Institute submitted a FOIA request to the FBI for records concerning External Intelligence Notes created since the creation of the EIN product line. The Cato Institute also requested expedited processing and a fee waiver. The FBI acknowledged receipt of the request. The FBI then denied the request entirely under Exemption 1 (national security), Exemption 3 (other statutes), Exemption 6 (invasion of privacy), Exemption 7(C) (invasion of privacy concerning law enforcement records), and Exemption 7(E) (investigative methods or techniques). The Cato Institute filed an administrative appeal of the denial. The agency upheld its denial on appeal. The Cato Institute then filed suit.
Complaint issues: Adequacy - Search, Litigation - Attorney's fees

DefendantFEDERAL BUREAU OF INVESTIGATION
DefendantU.S. DEPARTMENT OF JUSTICE
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
Complaint attachment 7
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2020-12-151COMPLAINT against FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE ( Filing fee $ 402 receipt number ADCDC-7960382) filed by CATO INSTITUTE. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Civil Cover Sheet, # 7 Summons)(Burday, Joshua) (Entered: 12/15/2020)
2020-12-152NOTICE of Appearance by Joshua Hart Burday on behalf of CATO INSTITUTE (Burday, Joshua) (Entered: 12/15/2020)
2020-12-153NOTICE of Appearance by Matthew Topic on behalf of CATO INSTITUTE (Topic, Matthew) (Entered: 12/15/2020)
2020-12-15Case Assigned to Judge Amit P. Mehta. (adh, ) (Entered: 12/15/2020)
2020-12-154SUMMONS (4) Issued Electronically as to FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(adh, ) (Entered: 12/15/2020)
2021-02-055NOTICE of Appearance by Diana Viggiano Valdivia on behalf of All Defendants (Valdivia, Diana) (Entered: 02/05/2021)
2021-02-056NOTICE of Consent to Assignment to Magistrate Judge by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE (Valdivia, Diana) (Entered: 02/05/2021)
2021-02-107ANSWER to Complaint by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE.(Valdivia, Diana) (Entered: 02/10/2021)
2021-02-118ORDER. Both a Complaint and an Answer are now before the court in this FOIA case. It is hereby ordered that the parties shall meet and confer and file a Joint Status Report on or before February 25, 2021. The Joint Status Report shall include (1) the status of Plaintiff's FOIA request; (2) the anticipated number of documents responsive to Plaintiff's FOIA request; (3) the anticipated date(s) for release of the documents requested by Plaintiff; (4) whether a motion for a stay is likely under Open America v. Watergate Special Prosecution Force, 547 F.2d 605 (D.C. Cir. 1976); and (5) whether the parties anticipate summary judgment briefing and, if so, a proposed briefing schedule. See the attached Order for additional details. Signed by Judge Amit P. Mehta on 2/11/2021. (Entered: 02/11/2021)
2021-02-159RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF JUSTICE served on 1/11/2021 (Burday, Joshua) (Entered: 02/15/2021)
2021-02-1510RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. FEDERAL BUREAU OF INVESTIGATION served on 1/11/2021 (Burday, Joshua) (Entered: 02/15/2021)
2021-02-1511RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 1/11/2021. (Burday, Joshua) (Entered: 02/15/2021)
2021-02-1512RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 1/11/2021. Answer due for ALL FEDERAL DEFENDANTS by 2/10/2021. (Burday, Joshua) (Entered: 02/15/2021)
2021-02-2513Joint STATUS REPORT by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE. (Valdivia, Diana) (Entered: 02/25/2021)
2021-02-28MINUTE ORDER. The parties shall file an additional Joint Status Report by March 29, 2021, that updates the court on the status of processing and responsive records. Signed by Judge Amit P. Mehta on 2/28/2021. (lcapm1) (Entered: 02/28/2021)
2021-03-2914Consent MOTION for Extension of Time to File Joint Status Report by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order)(Valdivia, Diana) (Entered: 03/29/2021)
2021-03-30MINUTE ORDER granting Defendants' 14 Consent Motion for Extension of Time. The parties shall file a Joint Status Report that updates the court on the status of processing and producing responsive records on or before April 5, 2021. Signed by Judge Amit P. Mehta on 3/30/2021. (lcapm1) (Entered: 03/30/2021)
2021-04-0515Joint STATUS REPORT by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE. (Valdivia, Diana) (Entered: 04/05/2021)
2021-04-06MINUTE ORDER. The parties shall file an additional Joint Status Report by May 5, 2021, that updates the court on the status of Defendants' searches and, if known, reports on the volume of potentially responsive records and proposes a production schedule. Signed by Judge Amit P. Mehta on 4/6/2021. (lcapm1) (Entered: 04/06/2021)
2021-05-0516Joint STATUS REPORT by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE. (Valdivia, Diana) (Entered: 05/05/2021)
2021-05-06MINUTE ORDER. The parties shall file an additional Joint Status Report by August 17, 2021, and every 60 days thereafter, that updates the court on the processing and production of responsive records. Signed by Judge Amit P. Mehta on 5/6/2021. (lcapm1) (Entered: 05/06/2021)
2021-08-1717Joint STATUS REPORT by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE. (Valdivia, Diana) (Entered: 08/17/2021)
2021-10-1818Joint STATUS REPORT by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE. (Valdivia, Diana) (Entered: 10/18/2021)
2021-12-1719Joint STATUS REPORT by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE. (Valdivia, Diana) (Entered: 12/17/2021)
2022-01-2120MOTION to Withdraw as Attorney by CATO INSTITUTE. (Attachments: # 1 Text of Proposed Order)(Topic, Matthew) (Entered: 01/21/2022)
2022-01-21MINUTE ORDER granting 20 Motion to Withdraw as Counsel. The clerk of the court shall withdraw Joshua Burday as counsel for Plaintiff. Signed by Judge Amit P. Mehta on 1/21/2022. (lcapm1) (Entered: 01/21/2022)
2022-02-1521Joint STATUS REPORT by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE. (Valdivia, Diana) (Entered: 02/15/2022)
2022-04-1322NOTICE of Appearance by Joshua Loevy on behalf of CATO INSTITUTE (Loevy, Joshua) (Entered: 04/13/2022)
2022-04-1823Joint STATUS REPORT by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE. (Valdivia, Diana) (Entered: 04/18/2022)
2022-06-1724Joint STATUS REPORT by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE. (Valdivia, Diana) (Entered: 06/17/2022)
2022-08-1625Joint STATUS REPORT by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE. (Valdivia, Diana) (Entered: 08/16/2022)
2022-08-1826NOTICE OF SUBSTITUTION OF COUNSEL by Daniel Patrick Schaefer on behalf of All Defendants Substituting for attorney Diana V. Valdivia (Schaefer, Daniel) (Entered: 08/18/2022)
2022-10-1227NOTICE OF SUBSTITUTION OF COUNSEL by Patricia K. McBride on behalf of All Defendants Substituting for attorney Daniel P. Schaefer (McBride, Patricia) (Entered: 10/12/2022)
2022-10-1828Unopposed MOTION for Leave to File JOINT STATUS REPORT by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Exhibit JOINT STATUS REPORT)(McBride, Patricia) (Entered: 10/18/2022)
2022-10-20MINUTE ORDER granting 28 Unopposed Motion for Leave to File Joint Status Report. Signed by Judge Amit P. Mehta on 10/20/2022. (lcapm1) (Entered: 10/20/2022)
2022-12-0129Joint STATUS REPORT by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE. (McBride, Patricia) (Entered: 12/01/2022)
2023-01-2630Joint STATUS REPORT by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE. (McBride, Patricia) (Entered: 01/26/2023)
2023-02-2831NOTICE of Appearance by Merrick Jason Wayne on behalf of CATO INSTITUTE (Wayne, Merrick) (Entered: 02/28/2023)
2023-03-2832Joint STATUS REPORT by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE. (McBride, Patricia) (Entered: 03/28/2023)
2023-05-3033Joint STATUS REPORT by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE. (McBride, Patricia) (Entered: 05/30/2023)
2023-07-2534Joint STATUS REPORT by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE. (McBride, Patricia) (Entered: 07/25/2023)
2023-09-2935Joint STATUS REPORT by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE. (McBride, Patricia) (Entered: 09/29/2023)
2023-11-2736Joint STATUS REPORT by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE. (McBride, Patricia) (Entered: 11/27/2023)
2024-01-2537Joint STATUS REPORT by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE. (McBride, Patricia) (Entered: 01/25/2024)
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