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Case TitleBRADY CENTER TO PREVENT GUN VIOLENCE v. FEDERAL BUREAU OF INVESTIGATION
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2021cv00166
Date Filed2021-01-19
Date ClosedOpen
JudgeJudge Christopher R. Cooper
PlaintiffBRADY CENTER TO PREVENT GUN VIOLENCE
Case DescriptionThe Brady Center for Gun Violence submitted two FOIA requests for records. The first request asked for records concerning standard operating procedures for the National Instant Criminal Background Check System. The second request asked for records concerning the impact of the pandemic on the ability to conduct background checks for gun purchases. The agency acknowledged both requests but after hearing nothing further from the agency, the Brady Center for Gun Violence filed suit.
Complaint issues: Litigation - Attorney's fees, Adequacy - Search, Failure to respond within statutory time limit, Litigation - Vaughn index

DefendantFEDERAL BUREAU OF INVESTIGATION
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
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2021-01-191COMPLAINT against FEDERAL BUREAU OF INVESTIGATION ( Filing fee $ 402 receipt number ADCDC-8093288) filed by BRADY CENTER TO PREVENT GUN VIOLENCE. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Civil Cover Sheet, # 8 Summons)(Loiseau, Holly) (Entered: 01/19/2021)
2021-01-19Case Assigned to Judge Christopher R. Cooper. (adh, ) (Entered: 01/19/2021)
2021-01-192SUMMONS (1) Issued Electronically as to FEDERAL BUREAU OF INVESTIGATION. (Attachment: # 1 Notice and Consent)(adh, ) (Entered: 01/19/2021)
2021-01-253NOTICE of Appearance by April Denise Seabrook on behalf of FEDERAL BUREAU OF INVESTIGATION (Seabrook, April) (Entered: 01/25/2021)
2021-01-264NOTICE of Consent to Assignment to Magistrate Judge by FEDERAL BUREAU OF INVESTIGATION (Seabrook, April) (Entered: 01/26/2021)
2021-02-185WAIVER OF SERVICE. FEDERAL BUREAU OF INVESTIGATION waiver sent on 2/10/2021, answer due 4/11/2021. (Loiseau, Holly) (Entered: 02/18/2021)
2021-04-126ANSWER to Complaint by FEDERAL BUREAU OF INVESTIGATION.(Seabrook, April) (Entered: 04/12/2021)
2021-04-13MINUTE ORDER: Before the Court in this FOIA case are a complaint and an answer. It is hereby ORDERED that the parties shall promptly confer and shall file a joint proposed schedule for briefing or disclosure on or before April 27, 2021. Signed by Judge Christopher R. Cooper on 04/13/2021. (lccrc3) (Entered: 04/13/2021)
2021-04-197MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Kayleigh Golish, Filing fee $ 100, receipt number ADCDC-8384828. Fee Status: Fee Paid. by BRADY CENTER TO PREVENT GUN VIOLENCE. (Attachments: # 1 Declaration Declaration of Kayleigh Golish, # 2 Text of Proposed Order)(Loiseau, Holly) (Entered: 04/19/2021)
2021-04-198MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Alexander Walsh, Filing fee $ 100, receipt number ADCDC-8384892. Fee Status: Fee Paid. by BRADY CENTER TO PREVENT GUN VIOLENCE. (Attachments: # 1 Declaration Declaration of Alexander Walsh, # 2 Text of Proposed Order)(Loiseau, Holly) (Entered: 04/19/2021)
2021-04-199MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Amama Rasani, Filing fee $ 100, receipt number ADCDC-8385329. Fee Status: Fee Paid. by BRADY CENTER TO PREVENT GUN VIOLENCE. (Attachments: # 1 Declaration Declaration of Amama Rasani, # 2 Text of Proposed Order)(Loiseau, Holly) (Entered: 04/19/2021)
2021-04-20MINUTE ORDER granting 7 Motion for Leave to Appear Pro Hac Vice as to attorney Kayleigh Golish. 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 Christopher R. Cooper on 04/20/2021. (lccrc3) (Entered: 04/20/2021)
2021-04-20MINUTE ORDER granting 8 Motion for Leave to Appear Pro Hac Vice as to attorney Alexander Walsh. 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 Christopher R. Cooper on 04/20/2021. (lccrc3) (Entered: 04/20/2021)
2021-04-20MINUTE ORDER granting 9 Motion for Leave to Appear Pro Hac Vice as to attorney Amama Rasani. 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 Christopher R. Cooper on 04/20/2021. (lccrc3) (Entered: 04/20/2021)
2021-04-2710NOTICE of Appearance by Kayleigh Golish on behalf of BRADY CENTER TO PREVENT GUN VIOLENCE (Golish, Kayleigh) (Entered: 04/27/2021)
2021-04-2711ERRATA Amended Notice of Appearance for Kayleigh Golish by BRADY CENTER TO PREVENT GUN VIOLENCE re 10 Notice of Appearance filed by BRADY CENTER TO PREVENT GUN VIOLENCE. (Golish, Kayleigh) (Entered: 04/27/2021)
2021-04-2712PROPOSED BRIEFING SCHEDULE re Status Report Order, by BRADY CENTER TO PREVENT GUN VIOLENCE. (Attachments: # 1 Text of Proposed Order)(Loiseau, Holly) (Entered: 04/27/2021)
2021-04-28MINUTE ORDER: Upon consideration of the 12 Proposed Briefing Schedule, the Court hereby adopts the following schedule. Defendant shall produce all nonexempt, disclosable documents or portions thereof no later than June 1, 2021. Plaintiff shall identify specific withholdings about which it requires more information and request that Defendant provide a Vaughn index no later than June 8, 2021. If requested by Plaintiff, Defendant shall produce a Vaughn index no later than July 14, 2021. The Parties shall file a Joint Status Report updating the Court no later than July 28, 2021. If the Parties are unable to resolve all disputes informally, Defendant shall file its Motion for Summary Judgment no later than September 1, 2021. Plaintiff shall file its Opposition to Defendant's Motion and any Cross-Motion for Summary Judgment no later than September 29, 2021. Defendant shall file its combined Reply in support of its Motion for Summary Judgment and Opposition to Plaintiff's Cross-Motion no later than October 27, 2021. Plaintiff shall file a Reply in support of its Cross-Motion for Summary Judgment no later than November 10, 2021. So Ordered. Signed by Judge Christopher R. Cooper on 04/28/2021. (lccrc3) (Entered: 04/28/2021)
2021-07-2813Joint STATUS REPORT Update by BRADY CENTER TO PREVENT GUN VIOLENCE. (Loiseau, Holly) (Entered: 07/28/2021)
2021-08-01MINUTE ORDER: In light of the 13 Joint Status Report, it is hereby ordered that the parties shall file a further Joint Status Report on or before August 20, 2021. Signed by Judge Christopher R. Cooper on 08/01/2021. (lccrc3) (Entered: 08/01/2021)
2021-08-0414NOTICE of Appearance by Blake Weiner on behalf of All Defendants (Weiner, Blake) (Entered: 08/04/2021)
2021-08-2015Joint STATUS REPORT Update by BRADY CENTER TO PREVENT GUN VIOLENCE. (Loiseau, Holly) (Entered: 08/20/2021)
2021-08-23MINUTE ORDER: In light of the 15 Joint Status Report, the Court hereby sets the following deadline. The parties shall file competing amended production schedules for the remaining 4,300 potentially responsive pages referenced in the parties' Joint Status Report on or before 9/3/2021. The briefing schedule set by the Court's 4/28/2021 Minute Order is hereby VACATED. After the Court addresses the parties' competing amended production schedules, the Court will consider proposed amended case schedules. SO ORDERED. Signed by Judge Christopher R. Cooper on 08/23/2021. (lccrc3) (Entered: 08/23/2021)
2021-09-0316RESPONSE TO ORDER OF THE COURT re Order,, filed by FEDERAL BUREAU OF INVESTIGATION. (Weiner, Blake) (Entered: 09/03/2021)
2021-09-0317RESPONSE TO ORDER OF THE COURT re Order,, filed by BRADY CENTER TO PREVENT GUN VIOLENCE. (Attachments: # 1 Proposed Order)(Loiseau, Holly) (Entered: 09/03/2021)
2021-09-0918NOTICE OF WITHDRAWAL OF APPEARANCE as to BRADY CENTER TO PREVENT GUN VIOLENCE. (Loiseau, Holly) (Entered: 09/09/2021)
2021-09-09MINUTE ORDER: The Court has considered the parties' competing proposed production schedules and will adopt Defendant's proposed schedule. It is hereby ORDERED that Defendant shall process 500 pages per month and make monthly productions of non-exempt pages commencing November 15, 2021, until all pages responsive to Plaintiff's FOIA request are processed. It is FURTHER ORDERED that the parties shall file Joint Status Reports every 60 days, starting 60 days after Defendant's November 15, 2021 production. Accordingly, the parties are hereby directed to file a Joint Status Report on or before January 14, 2022, and every 60 days thereafter pending further order of the Court. So Ordered. Signed by Judge Christopher R. Cooper on 09/09/2021. (lccrc3) (Entered: 09/09/2021)
2021-12-0919NOTICE of Appearance by Carrie C. Mahan on behalf of BRADY CENTER TO PREVENT GUN VIOLENCE (Mahan, Carrie) (Entered: 12/09/2021)
2021-12-0920NOTICE OF WITHDRAWAL OF APPEARANCE as to FEDERAL BUREAU OF INVESTIGATION. Attorney Blake A. Weiner terminated. (Weiner, Blake) (Entered: 12/09/2021)
2021-12-1521CONSENT TO THE FILING OF AN AMENDED COMPLAINT by BRADY CENTER TO PREVENT GUN VIOLENCE. (Mahan, Carrie) (Entered: 12/15/2021)
2021-12-1522AMENDED COMPLAINT for Declaratory Judgment and Injunctive Relief against FEDERAL BUREAU OF INVESTIGATION filed by BRADY CENTER TO PREVENT GUN VIOLENCE. (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 Redline)(Mahan, Carrie) (Entered: 12/15/2021)
2021-12-16MINUTE ORDER: The Court is in receipt of the 21 Notice of Consent to the Filing of an Amended Complaint, and the 22 Amended Complaint. Federal Rule of Civil Procedure 15(a)(2) provides that "a party may amend its pleading only with the opposing party's written consent or the court's leave," and "[t]he court should freely give leave when justice so requires." The Court takes notice and accepts the filing of the amended complaint. Further, the parties appear to have stipulated to an extension of time for defendant to file an answer. The parties are reminded that extensions of such deadlines must be sought by a motion and not by stipulation. However, the Court will construe the 21 Notice of Consent as such a motion and grant the parties' request. It is hereby ORDERED that the defendant shall answer or otherwise respond to the amended complaint on or before January 6, 2022. Signed by Judge Christopher R. Cooper on 12/16/2021. (lccrc3) (Entered: 12/16/2021)
2022-01-0323NOTICE OF WITHDRAWAL OF APPEARANCE as to BRADY CENTER TO PREVENT GUN VIOLENCE. Attorney Holly Elizabeth Loiseau terminated. (Mahan, Carrie) (Entered: 01/03/2022)
2022-01-0324NOTICE of Appearance by Erika Kirstie Oblea on behalf of FEDERAL BUREAU OF INVESTIGATION (Oblea, Erika) (Entered: 01/03/2022)
2022-01-0325Unopposed MOTION for Extension of Time to File Answer re 22 Amended Complaint, or Otherwise Respond to Amended Complaint by FEDERAL BUREAU OF INVESTIGATION. (Attachments: # 1 Text of Proposed Order)(Oblea, Erika) (Entered: 01/03/2022)
2022-01-04MINUTE ORDER: The 25 Motion for Extension of Time to Answer is hereby granted. Defendant shall file an answer or otherwise respond to the amended complaint on or before February 7, 2022. Set/Reset Deadlines: Answer due by 2/7/2022. Signed by Judge Christopher R. Cooper on 1/4/2022. (lccrc3) (Entered: 01/04/2022)
2022-01-1426Joint STATUS REPORT by FEDERAL BUREAU OF INVESTIGATION. (Seabrook, April) (Entered: 01/14/2022)
2022-02-0727ANSWER to 22 Amended Complaint, by FEDERAL BUREAU OF INVESTIGATION.(Seabrook, April) (Entered: 02/07/2022)
2022-03-1528Joint STATUS REPORT by BRADY CENTER TO PREVENT GUN VIOLENCE. (Mahan, Carrie) (Entered: 03/15/2022)
2022-05-1629Joint STATUS REPORT by FEDERAL BUREAU OF INVESTIGATION. (Seabrook, April) (Entered: 05/16/2022)
2022-07-0630NOTICE OF WITHDRAWAL OF APPEARANCE as to BRADY CENTER TO PREVENT GUN VIOLENCE. Attorney Kayleigh Golish terminated. (Mahan, Carrie) (Entered: 07/06/2022)
2022-07-1531Joint STATUS REPORT by BRADY CENTER TO PREVENT GUN VIOLENCE. (Mahan, Carrie) (Entered: 07/15/2022)
2022-07-19MINUTE ORDER: In light of the 31 Joint Status Report, the parties are hereby directed to file a further Joint Status Report on or before September 13, 2022. The next report shall state approximately how many pages remain to be processed and the estimated time it will take to complete such processing. So Ordered by Judge Christopher R. Cooper on 7/19/2022. (lccrc3) (Entered: 07/19/2022)
2022-08-0132NOTICE of Appearance by Sandra Nicole Booth on behalf of BRADY CENTER TO PREVENT GUN VIOLENCE (Booth, Sandra) (Entered: 08/01/2022)
2022-08-0933NOTICE OF SUBSTITUTION OF COUNSEL by John Moustakas on behalf of FEDERAL BUREAU OF INVESTIGATION Substituting for attorney Seabrook (Moustakas, John) (Entered: 08/09/2022)
2022-09-1334Joint STATUS REPORT by BRADY CENTER TO PREVENT GUN VIOLENCE. (Mahan, Carrie) (Entered: 09/13/2022)
2022-09-16MINUTE ORDER: In light of the 34 Joint Status Report, the parties are hereby directed to file a further Joint Status Report on or before November 14, 2022. Signed by Judge Christopher R. Cooper on 09/16/2022. (lccrc3) (Entered: 09/16/2022)
2022-11-1435Joint STATUS REPORT by BRADY CENTER TO PREVENT GUN VIOLENCE. (Mahan, Carrie) (Entered: 11/14/2022)
2022-11-16MINUTE ORDER: In light of the 35 Joint Status Report, the parties are hereby directed to file a further Joint Status Report on or before January 13, 2023. Signed by Judge Christopher R. Cooper on 11/16/2022. (lccrc3) (Entered: 11/16/2022)
2023-01-1336Joint STATUS REPORT by BRADY CENTER TO PREVENT GUN VIOLENCE. (Mahan, Carrie) (Entered: 01/13/2023)
2023-01-20MINUTE ORDER: In light of the 36 Joint Status Report, the parties are hereby directed to file a further Joint Status Report on or before March 14, 2023. Defendant is encouraged to complete the outstanding consultations discussed in the 36 Joint Status Report by that time. Signed by Judge Christopher R. Cooper on 1/20/2023. (lccrc1) (Entered: 01/20/2023)
2023-03-1437Joint STATUS REPORT by BRADY CENTER TO PREVENT GUN VIOLENCE. (Mahan, Carrie) (Entered: 03/14/2023)
2023-03-17MINUTE ORDER: In light of the 37 Joint Status Report, the parties are hereby directed to file a further Joint Status Report on or before May 16, 2023. The Court encourages the parties to resolve disputes over withholding without the need for summary judgment briefing, if possible. The next joint status report should contain specific information regarding the status of review by the agencies with whom the FBI has consulted. Signed by Judge Christopher R. Cooper on 03/17/2023. (lccrc3) (Entered: 03/17/2023)
2023-05-1638Joint STATUS REPORT by FEDERAL BUREAU OF INVESTIGATION. (Moustakas, John) (Entered: 05/16/2023)
2023-05-25MINUTE ORDER: In light of the 38 Joint Status Report, the parties are hereby directed to file a further Joint Status Report on or before July 17, 2023. Signed by Judge Christopher R. Cooper on 05/25/2023. (lccrc3) (Entered: 05/25/2023)
2023-05-3139NOTICE of Appearance by Megan Anne Granger on behalf of BRADY CENTER TO PREVENT GUN VIOLENCE (Granger, Megan) (Entered: 05/31/2023)
2023-05-3140NOTICE OF WITHDRAWAL OF APPEARANCE as to BRADY CENTER TO PREVENT GUN VIOLENCE. Attorney Carrie C. Mahan terminated. (Mahan, Carrie) (Entered: 05/31/2023)
2023-06-0641NOTICE OF WITHDRAWAL OF APPEARANCE as to BRADY CENTER TO PREVENT GUN VIOLENCE. Attorney Sandra Nicole Booth terminated. (Booth, Sandra) (Entered: 06/06/2023)
2023-07-1442MOTION for Leave to Appear Pro Hac Vice :Attorney Name- John Puszcz, Filing fee $ 100, receipt number ADCDC-10206650. Fee Status: Fee Paid. by BRADY CENTER TO PREVENT GUN VIOLENCE. (Attachments: # 1 Declaration of John Puszcz, # 2 Certificate of Good Standing, # 3 Text of Proposed Order)(Granger, Megan) (Entered: 07/14/2023)
2023-07-17MINUTE ORDER granting 42 Motion for Leave to Appear Pro Hac Vice as to attorney John Puszcz. 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 Christopher R. Cooper on 07/17/2023. (lccrc3) (Entered: 07/17/2023)
2023-07-1743NOTICE of Appearance by John Stanislaus Puszcz on behalf of BRADY CENTER TO PREVENT GUN VIOLENCE (Puszcz, John) (Entered: 07/17/2023)
2023-07-1744Joint STATUS REPORT by BRADY CENTER TO PREVENT GUN VIOLENCE. (Puszcz, John) (Entered: 07/17/2023)
2023-07-19MINUTE ORDER: In light of the 44 Joint Status Report, the parties are hereby directed to file a further Joint Status Report on or before September 18, 2023. Signed by Judge Christopher R. Cooper on 07/19/2023. (lccrc3) (Entered: 07/19/2023)
2023-09-1845Joint STATUS REPORT by BRADY CENTER TO PREVENT GUN VIOLENCE. (Puszcz, John) (Entered: 09/18/2023)
2023-09-18MINUTE ORDER: In light of the 45 Joint Status Report, the parties are hereby directed to file a further joint status report on or before November 17, 2023. In the next report, the Defendant shall specify the status of records sent to ICE for consultation. Signed by Judge Christopher R. Cooper on 9/18/2023. (lccrc3) (Entered: 09/18/2023)
2023-11-1746Joint STATUS REPORT by BRADY CENTER TO PREVENT GUN VIOLENCE. (Puszcz, John) (Entered: 11/17/2023)
2023-11-20MINUTE ORDER: In light of the 46 parties' Joint Status Report, the parties are hereby directed to file a further joint status report by February 15, 2024. Signed by Judge Christopher R. Cooper on 11/20/2023. (lccrc3) (Entered: 11/20/2023)
2024-02-0247NOTICE of Appearance by Fithawi Berhane on behalf of FEDERAL BUREAU OF INVESTIGATION (Berhane, Fithawi) (Entered: 02/02/2024)
2024-02-1548Joint STATUS REPORT by BRADY CENTER TO PREVENT GUN VIOLENCE. (Puszcz, John) (Entered: 02/15/2024)
2024-02-16MINUTE ORDER: In light of the 48 Joint Status Report, the parties are hereby directed to file a further joint status report by April 15, 2024. Signed by Judge Christopher R. Cooper on 2/16/2024. (lccrc3) (Entered: 02/16/2024)
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