Case Detail

FOIA Project Annotation: Judge Rosemary Collyer has ruled that the CIA has failed to show that it conducted an adequate search for records pertaining to its mandatory declassification review procedures. In response to two related requests from National Security Counselors, the agency searched the Director's Area and located a single responsive document�"the agency's CFR regulation on MDR. NSC's second request asked for special procedures developed pursuant to Executive Orders 12,958 and 13,292 on classification. The Director's Area was searched in response to this request as well and the agency found no responsive documents. Finding the search inadequate, Collyer noted that "the affidavit concludes that a 'thorough and diligent search' was conducted, but does not detail what search terms were used, who conducted the search, how the search was conducted, or what the 'other' [Information Management Systems] records systems were that were searched." The second request asked for special procedures in current use, a term the agency interpreted as meaning procedures developed under E.O. 13,292, which was the current E.O. on classification. NSC argued the term "current" would include any procedures developed under E.O. 12,958 if they were still in use under E.O. 13,292. Collyer agreed with the plaintiff. She noted that "the CIA cannot reasonably claim that it did not believe NSC sought materials in connection with Executive Order 12,958 (to the extent those materials were still current) when the single responsive document produced by CIA was based on Executive Order 12,958. . .[I]f checklists, worksheets, and similar reference and training documents were still being used by the CIA, although first utilized under Executive Order 12,958 and not Executive Order 13,292, the CIA must 'conduct a search reasonably calculated to uncover' those documents. The CIA must clarify whether such other documents exist and, if so, conduct a reasonable search for them."
Issues: Adequacy - Search

FOIA Project Annotation: Judge Rosemary Collyer has ruled that National Security Counselors is not eligible for attorney's fees because there is no practical distinction between the organization and its executive director Kel McClanahan. After settling several cases with the CIA and the DIA, National Security Counselors filed for attorney's fees. Both agencies argued that NSC had not really prevailed and that it had exaggerated its fees, but their main argument was that NSC was not separate from attorney McClanahan. Collyer agreed, noting that "of course, a lawyer can submit FOIA requests and litigate their denial, but he cannot claim fees without a true, independent client. There is no such client here." McClanahan, who previously worked with Mark Zaid, chartered National Security Counselors in 2009 and incorporated it in 2011. Collyer indicated that McClanahan identified himself as the founder and CEO and referred to National Security Counselors as a "non-profit public interest law firm." But, Collyer observed, aside from identifying Bradley Moss as NSC's deputy executive director, she could find no indication that anyone besides McClanahan worked for NSC. Collyer explained that in Kay v. Ehrler, 499 U.S. 432 (1991), the Supreme Court ruled that attorneys were not entitled to statutory attorney's fees awards for representing their own firm. Applying Kay v. Ehrler, Collyer pointed out that "the record shows little, if any, distinction between Mr. McClanahan and National Security Counselors." She added that "despite its formal incorporation, the record contains no evidence that National Security Counselors publicly identifies itself as an incorporated entity, or in any other way distinct from Mr. McClanahan." She observed that "on this record, the Court finds that there is no client separate from Mr. McClanahan. Despite his experience in national security law, his status as a pro se attorney renders him ineligible for an award of attorney's fees." Expressing concern that attorneys like McClanahan could use FOIA primarily to obtain attorney's fee awards rather than using it as a way to obtain government records, Collyer concluded that "it is undeniable that FOIA permits an individual to request disclosure from government agencies. But without a true client, the Government is under no obligation to subsidize self-serving activity."
Issues: Litigation - Attorney's fees - Eligibility

FOIA Project Annotation: After previously ruling that National Security Counselors was not eligible for attorney's fees because it was little more than an alter ego for its attorney, Judge Rosemary Collyer has awarded NSC $55,000, a 40 percent reduction of its $91,750 request. NSC had requested fees for four FOIA requests, two to the CIA and two to the Defense Department, claiming that they substantially prevailed. Instead, Collyer had decided NSC was not eligible at all, a ruling that was overturned by the D.C. Circuit. On remand from the D.C. Circuit, Collyer found that NSC had not prevailed as to one of its requests to the CIA, but grudgingly admitted that NSC had prevailed on the other three requests. DOD argued that merely because it had responded to a 13-year old request seven months after NSC had filed suit concerning the agency's processing of the request, was not sufficient evidence that the NSC suit caused the agency's actions. Collyer noted that "in light of the timing of the release of the documents, this suit can reasonably be regarded as causing the release of records." DOD also argued that the heavily redacted documents released did not shed light on government activities or operations. Collyer observed that "defendants cite no legal authority to support this proposition" and indicated that "the Court declines to adopt this reasoning as it would encourage heavy redaction." NSC urged Collyer to accept a revised version of the Laffey matrix from determining hourly rates, which NSC argued was more current and took into account their attorneys' specialized expertise. Choosing instead to accept the traditional Laffey rates, Collyer noted that "the problem for NSC is that this was a typical FOIA case that was not complex. It did not require the skills of a specialist in national security or privacy law. In fact, the bulk of the work for which fees are requested was not even FOIA litigation, it was uncomplicated fees litigation." Finding that the hours NSC claimed were duplicative in some respects and did not reflect contemporaneous recordkeeping, Collyer lowered the requested award by 40 percent, allocating 33.5 percent of the costs to the CIA and 66.5 percent of the costs to the Defense Department.
Issues: Litigation - Attorney's fees - Prevailing party, Litigation - Attorney's fees - Entitlement - Calculation of award

Date Filed	Doc #	Docket Text
2011-02-28	1	COMPLAINT against CENTRAL INTELLIGENCE AGENCY, DEFENSE INTELLIGENCE AGENCY, JOHN DOE AGENCY ( Filing fee $ 350, receipt number 4616036785) filed by NATIONAL SECURITY COUNSELORS. (Attachments: # 1 Civil Cover Sheet)(rdj) (Entered: 03/01/2011)
2011-02-28		SUMMONS (4) Issued as to CENTRAL INTELLIGENCE AGENCY, DEFENSE INTELLIGENCE AGENCY, U.S. Attorney and U.S. Attorney General (rdj) (Entered: 03/01/2011)
2011-02-28	2	LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by NATIONAL SECURITY COUNSELORS identifying Corporate Parent NONE for NATIONAL SECURITY COUNSELORS. (rdj) (Entered: 03/01/2011)
2011-03-01	3	ERRATA for Complaint by NATIONAL SECURITY COUNSELORS 1 Complaint filed by NATIONAL SECURITY COUNSELORS. (McClanahan, Kelly) (Entered: 03/01/2011)
2011-03-30	4	NOTICE of Appearance by Thomas David Zimpleman on behalf of CENTRAL INTELLIGENCE AGENCY, DEFENSE INTELLIGENCE AGENCY, JOHN DOE AGENCY (Zimpleman, Thomas) (Entered: 03/30/2011)
2011-03-30	5	Unopposed MOTION for Extension of Time to File Responsive Pleading by CENTRAL INTELLIGENCE AGENCY, DEFENSE INTELLIGENCE AGENCY, JOHN DOE AGENCY (Attachments: # 1 Text of Proposed Order)(Zimpleman, Thomas) (Entered: 03/30/2011)
2011-03-30		MINUTE ORDER granting 5 Defendants' unopposed motion for an extension of time. Defendants shall file an answer or other response to the complaint by no later than May 20, 2011. Signed by Judge Rosemary M. Collyer on 3/30/2011. (lcrmc2) (Entered: 03/30/2011)
2011-03-30		Set/Reset Deadlines/Hearings: Answer to complaint due by 5/20/2011. (cdw) (Entered: 04/01/2011)
2011-05-17	6	NOTICE of Appearance by Alicia Nicole Ellington on behalf of All Defendants (Ellington, Alicia) (Entered: 05/17/2011)
2011-05-17	7	Unopposed MOTION for Extension of Time to File a Responsive Pleading by CENTRAL INTELLIGENCE AGENCY, DEFENSE INTELLIGENCE AGENCY, JOHN DOE AGENCY (Attachments: # 1 Text of Proposed Order)(Ellington, Alicia) (Entered: 05/17/2011)
2011-05-17		MINUTE ORDER granting 7 Defendants' unopposed motion for an extension of time. Defendants shall answer or otherwise respond to the complaint by no later than May 27, 2011. Signed by Judge Rosemary M. Collyer on 5/17/2011. (lcrmc2) (Entered: 05/17/2011)
2011-05-17	8	NOTICE OF WITHDRAWAL OF APPEARANCE as to CENTRAL INTELLIGENCE AGENCY, DEFENSE INTELLIGENCE AGENCY, JOHN DOE AGENCY. Attorney Thomas David Zimpleman terminated. (Zimpleman, Thomas) (Entered: 05/17/2011)
2011-05-17		Set/Reset Deadlines: Defendants shall answer or otherwise respond to the complaint due by 5/27/2011, (tcb) (Entered: 05/17/2011)
2011-05-27	9	MOTION to Dismiss Counts Five and Six of Plaintiff's Complaint by CENTRAL INTELLIGENCE AGENCY, DEFENSE INTELLIGENCE AGENCY, JOHN DOE AGENCY (Attachments: # 1 Text of Proposed Order)(Ellington, Alicia) (Entered: 05/27/2011)
2011-06-08	10	Consent MOTION for Extension of Time to File Response/Reply as to 9 MOTION to Dismiss Counts Five and Six of Plaintiff's Complaint by NATIONAL SECURITY COUNSELORS (Attachments: # 1 Text of Proposed Order)(McClanahan, Kelly) (Entered: 06/08/2011)
2011-06-09		MINUTE ORDER granting 10 Plaintiff's consent motion for an extension of time. Plaintiff shall file an opposition to Defendants' motion to dismiss 9 by June 18, 2011. Defendants may file a reply by July 1, 2011. Signed by Judge Rosemary M. Collyer on 6/9/2011. (lcrmc2) (Entered: 06/09/2011)
2011-06-17	11	MOTION for Discovery (Jurisdictional) , MOTION to Stay re 9 MOTION to Dismiss Counts Five and Six of Plaintiff's Complaint Pending Resolution of Motion for Jurisdictional Discovery by NATIONAL SECURITY COUNSELORS (Attachments: # 1 Text of Proposed Order)(McClanahan, Kelly) (Entered: 06/17/2011)
2011-06-20		MINUTE ORDER denying 11 Plaintiff's motion for limited discovery and to stay the briefing schedule. Discovery is generally inappropriate in a FOIA matter and unnecessary here in light of Plaintiff's admission that its FOIA requests were sent to a singular defendant. Consultation with other agencies, if any, does not transform a single FOIA request into multiple requests. Accordingly, Plaintiff's opposition to Defendants' motion to dismiss shall be filed no later than June 24, 2011; Defendants may reply by no later than July 8, 2011. Signed by Judge Rosemary M. Collyer on 6/20/2011. (lcrmc2) (Entered: 06/20/2011)
2011-06-20		Set/Reset Deadlines/Hearings: Response to 9 due by 6/24/2011. Reply due by 7/8/2011. (cdw) (Entered: 06/21/2011)
2011-06-22	12	Consent MOTION for Extension of Time to File Response/Reply as to 9 MOTION to Dismiss Counts Five and Six of Plaintiff's Complaint by NATIONAL SECURITY COUNSELORS (Attachments: # 1 Text of Proposed Order)(McClanahan, Kelly) (Entered: 06/22/2011)
2011-06-22		MINUTE ORDER granting 12 Plaintiff's consent motion for an extension of time. Plaintiff's opposition to Defendants' motion to dismiss 9 shall be filed no later than June 27, 2011; Defendants may reply by no later than July 11, 2011. Signed by Judge Rosemary M. Collyer on 6/22/2011. (lcrmc2) (Entered: 06/22/2011)
2011-06-22		Set/Reset Deadlines/Hearings: Response to 9 due by 6/27/2011. Reply due by 7/11/2011. (cdw) (Entered: 06/23/2011)
2011-06-27	13	MOTION for Leave to File an Amended Complaint by NATIONAL SECURITY COUNSELORS (Attachments: # 1 Exhibit A - First Amended Complaint, # 2 Text of Proposed Order)(McClanahan, Kelly) (Entered: 06/27/2011)
2011-06-27	14	MOTION for Extension of Time to File Response/Reply as to 9 MOTION to Dismiss Counts Five and Six of Plaintiff's Complaint by NATIONAL SECURITY COUNSELORS (Attachments: # 1 Text of Proposed Order)(McClanahan, Kelly) (Entered: 06/27/2011)
2011-07-05	15	Memorandum in opposition to re 9 MOTION to Dismiss Counts Five and Six of Plaintiff's Complaint filed by NATIONAL SECURITY COUNSELORS. (Attachments: # 1 Text of Proposed Order)(McClanahan, Kelly) (Entered: 07/05/2011)
2011-07-11	16	CONSENT TO THE FILING OF AN AMENDED COMPLAINT re 13 MOTION for Leave to File an Amended Complaint filed by NATIONAL SECURITY COUNSELORS. (Ellington, Alicia) (Entered: 07/11/2011)
2011-07-11	17	Joint MOTION for Order Entering Proposed Briefing Schedule by CENTRAL INTELLIGENCE AGENCY, DEFENSE INTELLIGENCE AGENCY, JOHN DOE AGENCY, NATIONAL SECURITY COUNSELORS (Attachments: # 1 Text of Proposed Order)(Ellington, Alicia) (Entered: 07/11/2011)
2011-07-12	18	FIRST AMENDED COMPLAINT against CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE filed by NATIONAL SECURITY COUNSELORS.(znmw, ) (Entered: 07/12/2011)
2011-07-21		MINUTE ORDER. Plaintiff's motion for leave to file an amended complaint 13 is GRANTED. Accordingly, Defendants' motion to dismiss 9 and Plaintiff's motion to extend 14 are DENIED as moot. Signed by Judge Rosemary M. Collyer on 7/21/2011. (lcrmc2) (Entered: 07/21/2011)
2011-07-21		MINUTE ORDER granting 17 joint motion for a scheduling order. Defendant Central Intelligence Agency shall file a motion for summary judgment addressing Counts 1 and 2 of the First Amended Complaint 18 by no later than August 22, 2011. Plaintiff shall oppose by September 20, 2011. Defendant CIA may file a reply by October 3, 2011. It is further ORDERED that Plaintiff and Defendant Department of Defense shall meet and confer and submit a proposed dispositive motion briefing schedule on Counts 3 and 4 of the First Amended Complaint by no later than July 29, 2011. Defendants' time to file a responsive pleading to the First Amended Complaint shall be tolled until resolution of all dispositive motions. Signed by Judge Rosemary M. Collyer on 7/21/2011. (lcrmc2) (Entered: 07/21/2011)
2011-07-21		Set/Reset Deadlines/Hearings: Proposed dispositive motion briefing schedule due by 7/29/2011. Defendant CIA's Summary Judgment motion due by 8/22/2011. Response to Motion for Summary Judgment due by 9/20/2011. Reply to Motion for Summary Judgment due by 10/3/2011. (cdw) (Entered: 07/25/2011)
2011-07-28	19	STATUS REPORT and Proposed Schedule by DEPARTMENT OF DEFENSE, NATIONAL SECURITY COUNSELORS. (Ellington, Alicia) (Entered: 07/28/2011)
2011-07-28	20	NOTICE of Appearance by Alicia Nicole Ellington on behalf of DEPARTMENT OF DEFENSE (Ellington, Alicia) (Entered: 07/28/2011)
2011-07-28		MINUTE ORDER adopting the parties' joint proposed briefing schedule 19 as to Counts 3 and 4 of the Amended Complaint. Accordingly, defendant DOD shall produce a first set of non-exempt responsive records by September 16, 2011, a second set of non-exempt responsive records by October 28, 2011, and all remaining non-exempt responsive records by December 2, 2011. Defendant DOD shall file a motion for summary judgment as to Counts 3 and 4 of the Amended Complaint by January 6, 2012, Plaintiff shall oppose by February 6, 2012, and DOD may reply by February 21, 2012. Signed by Judge Rosemary M. Collyer on 7/28/2011. (lcrmc2) (Entered: 07/28/2011)
2011-07-28		Set/Reset Deadlines/Hearings: DOD's Summary Judgment motion due by 1/6/2012. Plaintiff's response to Motion for Summary Judgment due by 2/6/2012. DOD's reply to Motion for Summary Judgment due by 2/21/2012. (cdw) (Entered: 07/29/2011)
2011-08-18	21	Unopposed MOTION for Extension of Time to File Partial Motion for Summary Judgment by CENTRAL INTELLIGENCE AGENCY (Attachments: # 1 Text of Proposed Order)(Ellington, Alicia) (Entered: 08/18/2011)
2011-08-18		MINUTE ORDER granting 21 Defendant Central Intelligence Agency's consent motion for an extension of the briefing schedule. Defendant CIA shall file a motion for summary judgment addressing Counts 1 and 2 of the First Amended Complaint 18 by no later than August 29, 2011. Plaintiff shall oppose by September 27, 2011. Defendant CIA may file a reply by October 11, 2011. Signed by Judge Rosemary M. Collyer on 8/18/2011. (lcrmc2) (Entered: 08/18/2011)
2011-08-18		Set/Reset Deadlines/Hearings: CIA Summary Judgment motion due by 8/29/2011. Response to Motion for Summary Judgment due by 9/27/2011. Reply to Motion for Summary Judgment due by 10/11/2011. (cdw) (Entered: 08/19/2011)
2011-08-29	22	MOTION for Summary Judgment on Counts 1 and 2 of Plaintiff's First Amended Complaint by CENTRAL INTELLIGENCE AGENCY (Attachments: # 1 Declaration of Martha Lutz with Exhibits, # 2 Text of Proposed Order)(Ellington, Alicia) (Entered: 08/29/2011)
2011-09-27	23	Consent MOTION for Extension of Time to File Response/Reply as to 22 MOTION for Summary Judgment on Counts 1 and 2 of Plaintiff's First Amended Complaint by NATIONAL SECURITY COUNSELORS (Attachments: # 1 Text of Proposed Order)(McClanahan, Kelly) (Entered: 09/27/2011)
2011-09-27		MINUTE ORDER granting 23 Consent Motion for Extension of Time to File Response/Reply. Plaintiff's Opposition to Defendant's Motion for Summary Judgment is due no later than October 3, 2011. Defendant's Reply is due no later than October 17, 2011. Signed by Judge Rosemary M. Collyer on 9/27/2011. (lcrmc2) (Entered: 09/27/2011)
2011-09-27		Set/Reset Deadlines/Hearings: Response to Motion for Summary Judgment due by 10/3/2011. Reply to Motion for Summary Judgment due by 10/17/2011. (cdw) (Entered: 09/29/2011)
2011-10-02	24	Memorandum in opposition to re 22 MOTION for Summary Judgment on Counts 1 and 2 of Plaintiff's First Amended Complaint filed by NATIONAL SECURITY COUNSELORS. (Attachments: # 1 Text of Proposed Order, # 2 Exhibit A - 7/15 email, # 3 Exhibit B - AR 70-5, # 4 Exhibit C - Headquarters Handbook letters, # 5 Exhibit D - IMS search tools request, # 6 Exhibit E - IMS search tools release letter, # 7 Exhibit F - CADRE description, # 8 Exhibit G - SMART2 description, # 9 Exhibit H - 8/30 email)(McClanahan, Kelly) (Entered: 10/02/2011)
2011-10-17	25	REPLY to opposition to motion re 22 MOTION for Summary Judgment on Counts 1 and 2 of Plaintiff's First Amended Complaint filed by CENTRAL INTELLIGENCE AGENCY. (Ellington, Alicia) (Entered: 10/17/2011)
2011-12-02	26	Joint MOTION to Amend/Correct Order,, (Scheduling Order of July 28, 2011) by DEPARTMENT OF DEFENSE, NATIONAL SECURITY COUNSELORS (Attachments: # 1 Text of Proposed Order)(Ellington, Alicia) (Entered: 12/02/2011)
2011-12-12		MINUTE ORDER granting 26 Joint Motion to Amend Scheduling Order. Defendant DOD shall produce the remaining non-exempt records that are responsive to the FOIA request at issue in Count 4 by January 6, 2012, unless the parties agree to another date up to and including January 20, 2012. Defendant DOD shall produce the remaining non-exempt records that are responsive to the FOIA request at issue in Count 3 by January 20, 2012. Defendant DOD shall file a motion for summary judgment as to Counts 3 and 4 of the Amended Complaint by February 17, 2012. Plaintiff shall oppose by March 19, 2012. Defendant DOD may reply by March 30, 2012. Signed by Judge Rosemary M. Collyer on 12/12/11. (lcrmc2) (Entered: 12/12/2011)
2011-12-12		Set/Reset Deadlines/Hearings: DOD's Summary Judgment motion due by 2/17/2012. Response to Motion for Summary Judgment due by 3/19/2012. Reply to Motion for Summary Judgment due by 3/30/2012. (cdw) (Entered: 12/13/2011)
2012-01-20	27	Second MOTION to Amend/Correct Order on Motion to Amend/Correct,, Scheduling Order by DEPARTMENT OF DEFENSE, NATIONAL SECURITY COUNSELORS (Attachments: # 1 Text of Proposed Order)(Ellington, Alicia) (Entered: 01/20/2012)
2012-01-23		MINUTE ORDER granting 27 Motion to Amend Scheduling Order. The Dept. of Defense shall file a motion for summary judgment as to Counts 3 and 4 of the Amended Complaint by March 30, 2012. The Plaintiff shall oppose by April 30, 2012. The Dept. of Defense may reply by May 11, 2012. Signed by Judge Rosemary M. Collyer on 1/23/2012. (lcrmc2) (Entered: 01/23/2012)
2012-01-23		Set/Reset Deadlines/Hearings: The Dept. of Defense Summary Judgment motion due by 3/30/2012. Plaintiff's Response to Motion for Summary Judgment due by 4/30/2012. Reply to Motion for Summary Judgment due by 5/11/2012. (cdw) (Entered: 01/24/2012)
2012-03-14	28	NOTICE OF SUBSTITUTION OF COUNSEL by Lisa Zeidner Marcus on behalf of All Defendants Substituting for attorney Alicia N. Ellington (Marcus, Lisa) (Entered: 03/14/2012)
2012-03-23	29	Joint MOTION to Stay : Motion for One-Month Stay Allowing DOD and Plaintiff to Discuss Settlement by DEPARTMENT OF DEFENSE, NATIONAL SECURITY COUNSELORS (Attachments: # 1 Text of Proposed Order)(Marcus, Lisa) (Entered: 03/23/2012)
2012-03-26		MINUTE ORDER granting 29 Motion to Stay. The briefing schedule with respect to Counts 3 and 4 of the Complaint is hereby suspended. NSC and DOD shall file a status report with the Court by April 30, 2012. Signed by Judge Rosemary M. Collyer on 3/26/2012. (lcrmc2) (Entered: 03/26/2012)
2012-03-26		Set/Reset Deadlines/Hearings: Status Report due by 4/30/2012. (cdw) (Entered: 03/27/2012)
2012-03-28	30	MEMORANDUM AND OPINION. Signed by Judge Rosemary M. Collyer on 3/28/2012. (lcrmc2) (Entered: 03/28/2012)
2012-03-28	31	ORDER denying 22 Motion for Summary Judgment. Signed by Judge Rosemary M. Collyer on 3/28/2012. (lcrmc2) (Entered: 03/28/2012)
2012-04-13		MINUTE ORDER. NSC and the CIA shall file a joint proposed scheduling order for this case by no later than April 27, 2012. Signed by Judge Rosemary M. Collyer on 4/13/2012. (lcrmc2) (Entered: 04/13/2012)
2012-04-13		Set/Reset Deadlines/Hearings: Joint proposed scheduling order due by 4/27/2012. (cdw) (Entered: 04/16/2012)
2012-04-27	32	Joint MOTION to Stay : Joint Status Report and Motion to Modify and Extend Stay by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, NATIONAL SECURITY COUNSELORS (Attachments: # 1 Text of Proposed Order)(Marcus, Lisa). Added MOTION to Modify on 4/30/2012 (rdj). (Counsel is instructed to docket all parts of the motion in the future). (Entered: 04/27/2012)
2012-05-01		ORDER granting 32 Motion to Stay and to Modify. This case is stayed against both defendants until June 11, 2012. The parties shall submit a joint status report, along with a proposed briefing schedule if necessary, to the Court on or before June 11, 2012. Signed by Judge Rosemary M. Collyer on 5/1/2012. (lcrmc2) (Entered: 05/01/2012)
2012-05-01		Case Stayed. Set/Reset Deadlines/Hearings: Joint Status Report due by 6/11/2012. (cdw) (Entered: 05/02/2012)
2012-06-11	33	STATUS REPORT : Joint Status Report by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, NATIONAL SECURITY COUNSELORS. (Marcus, Lisa) (Entered: 06/11/2012)
2012-06-11	34	Joint MOTION to Stay : Joint Motion to Extend Stay Four Weeks by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, NATIONAL SECURITY COUNSELORS (Attachments: # 1 Text of Proposed Order)(Marcus, Lisa) (Entered: 06/11/2012)
2012-06-12		MINUTE ORDER granting 34 Motion to Stay. The existing stay in this case is extended for four weeks, until July 13, 2012, to allow the parties to continue settlement discussions. The parties shall submit a joint status report along with either a stipulation of dismissal or a proposed briefing schedule on or before July 13, 2012. Signed by Judge Rosemary M. Collyer on 6/12/2012. (lcrmc2) (Entered: 06/12/2012)
2012-06-12		Set/Reset Deadlines/Hearings: Joint Status Report or Proposed Briefing Schedule due by 7/13/2012. (cdw) (Entered: 06/13/2012)
2012-07-13	35	STATUS REPORT : Joint Status Report by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, NATIONAL SECURITY COUNSELORS. (Marcus, Lisa) (Entered: 07/13/2012)
2012-07-13	36	Joint MOTION to Stay : Joint Motion to Extend Stay Two and a Half Weeks by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, NATIONAL SECURITY COUNSELORS (Attachments: # 1 Text of Proposed Order)(Marcus, Lisa) (Entered: 07/13/2012)
2012-07-16		MINUTE ORDER granting 36 Motion to Stay. This case is further stayed until August 1, 2012. By no later than August 1, 2012, the parties shall file a stipulation of dismissal or a proposed briefing schedule. Signed by Judge Rosemary M. Collyer on 7/16/12. (lcrmc2) (Entered: 07/16/2012)
2012-07-16		Case Stayed. Set/Reset Deadlines/Hearings: Stipulation of Dismissal or Proposed Briefing Schedule due by 8/1/2012. (cdw) (Entered: 07/17/2012)
2012-08-01	37	STATUS REPORT : Joint Status Report by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, NATIONAL SECURITY COUNSELORS. (Marcus, Lisa) (Entered: 08/01/2012)
2012-08-02		MINUTE ORDER adopting the parties' proposed briefing schedule. Defendants' Motion for Summary Judgment is due October 12, 2012; Plaintiff's Opposition is due October 26, 2012; and Defendants reply is due November 14, 2012. Should the parties' continued settlement discussions make summary judgment briefing unnecessary, the parties will alert the court. Signed by Judge Rosemary M. Collyer on 8/2/2012. (lcrmc2) (Entered: 08/02/2012)
2012-08-02		Set/Reset Deadlines/Hearings: Defendant's Summary Judgment motions due by 10/12/2012. Response to Motion for Summary Judgment due by 10/26/2012. Reply to Motion for Summary Judgment due by 11/14/2012. (cdw) (Entered: 08/02/2012)
2012-10-10	38	Consent MOTION to Modify Scheduling Order by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE (Attachments: # 1 Text of Proposed Order)(Marcus, Lisa) (Entered: 10/10/2012)
2012-10-11		MINUTE ORDER granting 38 Consent Motion to Modify Scheduling Order. The parties' revised proposed briefing schedule is adopted. Defendants' Motion for Summary Judgment is due no later than December 6, 2012; Plaintiff's Opposition is due no later than January 3, 2013; and Defendants' reply is due no later than January 11, 2013. Should the parties' continued settlement discussions make summary judgment briefing unnecessary, the parties will alert the court. Signed by Judge Rosemary M. Collyer on 10/11/2012.(lcrmc2) (Entered: 10/11/2012)
2012-10-11		Set/Reset Deadlines/Hearings: Defendants' Summary Judgment motion due by 12/6/2012. Response to Motion for Summary Judgment due by 1/3/2013. Reply to Motion for Summary Judgment due by 1/11/2013. (cdw) (Entered: 10/12/2012)
2012-12-05	39	Consent MOTION to Stay Until December 11, 2012 by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE (Attachments: # 1 Text of Proposed Order)(Marcus, Lisa) (Entered: 12/05/2012)
2012-12-10		MINUTE ORDER denying 39 Motion to Stay. Defendants to this FOIA case have sought approximately 13 extensions of time for various reasons and have yet to file an answer. They now seek another five-day extension to give time to prepare and file yet another motion to extend the time for filing for summary judgment. The case was filed on February 28, 2011, and nothing has been filed since without multiple extensions of time. Defendants are hereby ORDERED to file an answer or other responsive pleading no later than January 14, 2013. Signed by Judge Rosemary M. Collyer on 12/10/2012.(lcrmc2) (Entered: 12/10/2012)
2012-12-10		Set/Reset Deadlines/Hearings: Answer or other responsive pleadingdue by 1/14/2013. (cdw) (Entered: 12/11/2012)
2013-01-14	40	ANSWER to 18 Amended Complaint by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE. Related document: 18 Amended Complaint filed by NATIONAL SECURITY COUNSELORS.(Marcus, Lisa) (Entered: 01/14/2013)
2013-01-15		MINUTE ORDER. The parties shall file a joint proposed briefing schedule no later than February 5, 2013. No extensions will be granted. Signed by Judge Rosemary M. Collyer on 1/15/2013. (lcrmc2) (Entered: 01/15/2013)
2013-01-15		Set/Reset Deadlines/Hearings: Joint proposed briefing schedule due by 2/5/2013. (cdw) (Entered: 01/16/2013)
2013-02-05	41	STIPULATION : Joint Proposed Briefing Schedule by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, NATIONAL SECURITY COUNSELORS. (Attachments: # 1 Text of Proposed Order)(Marcus, Lisa) (Entered: 02/05/2013)
2013-02-06		MINUTE ORDER adopting the parties' joint proposed schedule. Defendants' motion for summary judgment is due March 1, 2013; plaintiff's opposition is due April 1, 2013; defendants' reply is due April 22, 2013. Signed by Judge Rosemary M. Collyer on 2/6/2013. (lcrmc2) (Entered: 02/06/2013)
2013-02-06		Set/Reset Deadlines/Hearings: Defendants' Summary Judgment motion due by 3/1/2013. Response to Motion for Summary Judgment due by 4/1/2013. Reply to Motion for Summary Judgment due by 4/22/2013. (cdw) (Entered: 02/07/2013)
2013-02-28	42	NOTICE of Appearance by Daniel Riess on behalf of All Defendants (Riess, Daniel) (Entered: 02/28/2013)
2013-02-28	43	Consent MOTION for Extension of Time to File Combined Motion for Summary Judgment by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE (Attachments: # 1 Text of Proposed Order)(Riess, Daniel) (Entered: 02/28/2013)
2013-03-01		MINUTE ORDER granting 43 Motion for Extension of Time to File. Defendants may file their combined summary judgment brief no later than March 8, 2013. No further extensions shall be granted. Plaintiff's opposition is due April 8, 2013; defendants' reply is due April 29, 2013. Signed by Judge Rosemary M. Collyer on 3/1/2013.(lcrmc2) (Entered: 03/01/2013)
2013-03-01		Set/Reset Deadlines: Defendants' combined Summary Judgment Brief due by 3/8/2013. Response due by 4/8/2013. Reply due by 4/29/2013. (zmm, ) (Entered: 03/01/2013)
2013-03-08	44	STATUS REPORT : Joint Status Report by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE. (Marcus, Lisa) (Entered: 03/08/2013)
2013-03-08	45	MOTION for Summary Judgment by CENTRAL INTELLIGENCE AGENCY, DEFENSE INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE (Attachments: # 1 Williams Declaration, # 2 Lutz Declaration, # 3 Text of Proposed Order)(Marcus, Lisa) (Entered: 03/08/2013)
2013-03-09	46	ERRATA (Williams Declaration and Appended Vaughn Index) by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE 45 MOTION for Summary Judgment filed by DEPARTMENT OF DEFENSE, DEFENSE INTELLIGENCE AGENCY, CENTRAL INTELLIGENCE AGENCY. (Attachments: # 1 Williams Declaration Exhibits A-L)(Marcus, Lisa) (Entered: 03/09/2013)
2013-03-09	47	ERRATA (Statement of Undisputed Material Facts) by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE 45 MOTION for Summary Judgment filed by DEPARTMENT OF DEFENSE, DEFENSE INTELLIGENCE AGENCY, CENTRAL INTELLIGENCE AGENCY. (Riess, Daniel) (Entered: 03/09/2013)
2013-03-11	48	NOTICE of Lodging of Classified Exhibits in Support of Mot. for Summary Judgment by DEPARTMENT OF DEFENSE re 45 MOTION for Summary Judgment (Marcus, Lisa) (Entered: 03/11/2013)
2013-03-11	49	ERRATA (Williams Declaration and Appended Vaughn Index, With Exhibits) by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE 45 MOTION for Summary Judgment filed by DEPARTMENT OF DEFENSE, DEFENSE INTELLIGENCE AGENCY, CENTRAL INTELLIGENCE AGENCY. (Attachments: # 1 Williams Declaration Corrected Exhibits A-L)(Marcus, Lisa) (Entered: 03/11/2013)
2013-03-24	50	Consent MOTION for Extension of Time to File Response/Reply as to 45 MOTION for Summary Judgment by NATIONAL SECURITY COUNSELORS (Attachments: # 1 Text of Proposed Order)(McClanahan, Kelly) (Entered: 03/24/2013)
2013-03-25		ORDER granting as unopposed 50 Motion for Extension of Time to File Response/Reply. Plaintiff shall file its opposition to 45 Defendants' Motion for Summary judgment no later than April 16, 2013. Defendants shall file their reply no later than May 15, 2013. However, this case has been unduly extended several times and no further extensions on briefing will be granted to either party. Signed by Judge Rosemary M. Collyer on 3/25/2013.(lcrmc2) (Entered: 03/25/2013)
2013-03-25		Set/Reset Deadlines/Hearings: Response to Motion for Summary Judgment due by 4/16/2013. Reply to Motion for Summary Judgment due by 5/15/2013. (cdw) (Entered: 03/25/2013)
2013-04-16	51	NOTICE of Voluntary Dismissal by NATIONAL SECURITY COUNSELORS (McClanahan, Kelly) (Entered: 04/16/2013)
2013-04-17		MINUTE ORDER approving 51 Plaintiff's notice of voluntary dismissal. This case is dismissed and closed. Signed by Judge Rosemary M. Collyer on 4/17/2013. (KD) (Entered: 04/17/2013)
2013-04-30	52	Consent MOTION for Extension of Time to File Fee Petition by NATIONAL SECURITY COUNSELORS (Attachments: # 1 Text of Proposed Order)(McClanahan, Kelly) (Entered: 04/30/2013)
2013-05-01		MINUTE ORDER granting as unopposed 52 Motion for Extension of Time to File Fees Petition from May 1, 2013, to May 7, 2013. Signed by Judge Rosemary M. Collyer on 5/1/2013. (lcrmc2) (Entered: 05/01/2013)
2013-05-07	53	Consent MOTION for Extension of Time to File Fee Petition by NATIONAL SECURITY COUNSELORS (Attachments: # 1 Text of Proposed Order)(McClanahan, Kelly) (Entered: 05/07/2013)
2013-05-07		MINUTE ORDER granting as unopposed 53 Motion for Extension of Time to File Fee Petition. Plaintiff may file its petition no later than May 28, 2013. Signed by Judge Rosemary M. Collyer on 5/7/2013. (lcrmc2) (Entered: 05/07/2013)
2013-05-07		Set/Reset Deadlines/Hearings: Plaintiff's Petition due by 5/28/2013. (cdw) (Entered: 05/08/2013)
2013-05-28	54	Consent MOTION for Extension of Time to File Fee Petition by NATIONAL SECURITY COUNSELORS (Attachments: # 1 Text of Proposed Order)(McClanahan, Kelly) (Entered: 05/28/2013)
2013-05-28		MINUTE ORDER granting as unopposed 54 Motion for Extension of Time to File Fee Petition. Plaintiff may file its fee petition no later than June 17, 2013. Signed by Judge Rosemary M. Collyer on 5/28/2013. (lcrmc2) (Entered: 05/28/2013)
2013-05-28		Set/Reset Deadlines/Hearings: Fee petition due by 6/17/2013. (cdw) (Entered: 05/28/2013)
2013-06-18	55	MOTION for Attorney Fees and Costs by NATIONAL SECURITY COUNSELORS (Attachments: # 1 Exhibit A - McClanahan declaration, # 2 Exhibit B - McClanahan resume, # 3 Text of Proposed Order)(McClanahan, Kelly) (Entered: 06/18/2013)
2013-06-18	56	Consent MOTION for Extension of Time to File Fee Petition (Nunc Pro Tunc) by NATIONAL SECURITY COUNSELORS (Attachments: # 1 Text of Proposed Order)(McClanahan, Kelly) (Entered: 06/18/2013)
2013-07-02	57	Consent MOTION for Extension of Time to File Response/Reply as to 55 MOTION for Attorney Fees and Costs by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE (Attachments: # 1 Text of Proposed Order)(Marcus, Lisa) (Entered: 07/02/2013)
2013-07-03		MINUTE ORDER granting as unopposed 56 Motion for Extension of Time to File Petition; granting as unopposed nunc pro tunc to July 2, 2013 57 Motion for Extension of Time to File Response to Fee Petition. 55 Plaintiff's Fee Petition is deemed timely filed. Defendants may respond to 55 Plaintiff's Fee Petition no later than July 19, 2013. Signed by Judge Rosemary M. Collyer on 7/3/2013. (lcrmc2) (Entered: 07/03/2013)
2013-07-03		Set/Reset Deadlines: Response to plaintiffs' fee petition due by 7/19/2013. (zmm, ) (Entered: 07/03/2013)
2013-07-19	58	Consent MOTION for Extension of Time to File Response/Reply as to 55 MOTION for Attorney Fees and Costs , to Provide a One Business-Day Extension by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE (Attachments: # 1 Text of Proposed Order)(Marcus, Lisa) (Entered: 07/19/2013)
2013-07-19		MINUTE ORDER granting as unopposed 58 Motion for Extension of Time to File Response to Fee Petition. Defendants may file their response to Plaintiff's fee petition no later than July 22, 2013. Signed by Judge Rosemary M. Collyer on 7/19/2013. (lcrmc2) (Entered: 07/19/2013)
2013-07-19		Set/Reset Deadlines/Hearings: Response to Plaintiff's fee petition due by 7/22/2013. (cdw) (Entered: 07/22/2013)
2013-07-23	59	Memorandum in opposition to re 55 MOTION for Attorney Fees and Costs filed by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Marcus, Lisa) (Entered: 07/23/2013)
2013-07-23	60	Consent MOTION for Leave Of Court To Deem Defendants' Brief Timely Filed, Nunc Pro Tunc re 59 Memorandum in Opposition, by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE (Attachments: # 1 Text of Proposed Order)(Marcus, Lisa) (Entered: 07/23/2013)
2013-07-23		MINUTE ORDER granting 60 Motion to Deem Opposition Timely Filed and For Extension of Time to File Reply. 59 Defendant's Opposition to Plaintiff's Fee petition is deemed timely filed nunc pro tunc to July 22, 2013. Plaintiff may file its reply no later than August 19, 2013. Signed by Judge Rosemary M. Collyer on 7/23/2013. (lcrmc2) (Entered: 07/23/2013)
2013-08-20	61	STRICKEN PURSUANT TO MINUTE ORDER FILED 8/20/13.....REPLY to opposition to motion re 55 MOTION for Attorney Fees and Costs filed by NATIONAL SECURITY COUNSELORS. (Attachments: # 1 Exhibit C - 2d McClanahan Declaration, # 2 Exhibit C-1 - EIN Notice, # 3 Exhibit C-2 - 501(c)(3) app, # 4 Exhibit C-3 - 2010 990-EZ, # 5 Exhibit D - CREW opp'n, # 6 Exhibit E - EPIC Billing Record)(McClanahan, Kelly) Modified on 8/20/2013 (rdj). (Entered: 08/20/2013)
2013-08-20	62	Consent MOTION for Extension of Time to File Response/Reply as to 55 MOTION for Attorney Fees and Costs (Nunc Pro Tunc) by NATIONAL SECURITY COUNSELORS (Attachments: # 1 Text of Proposed Order)(McClanahan, Kelly) (Entered: 08/20/2013)
2013-08-20		MINUTE ORDER denying 62 Motion for Extension of Time to File Reply and striking 61 Plaintiff's Reply in Support of 55 Motion for Attorney's Fees and Costs. Notwithstanding that the parties have consented to an inordinate number of extensions of time in this case--approximately two dozen--each party has missed a filing deadline and filed a nunc pro tunc motion. See Dkt. 56 (Plaintiff), Dkt. 60 (Defendants). It behooved Plaintiff's counsel, who is presently seeking fees and costs, to file this final brief on time. Plaintiff's instant motion, Dkt. 62 , makes no showing of excusable neglect for late filing. If Plaintiff wishes to file a reply brief, Plaintiff may file an additional motion for leave to file, attaching the proposed reply as an exhibit. Any further such motion shall make a showing of excusable neglect. See Fed. R. Civ. P. 6(b)(1)(B); see also Pioneer Inv. Servs. v. Brunswick Assocs. Ltd. P'ship , 507 U.S. 380, 392 (1993) (noting that "inadvertence, ignorance of the rules, or mistakes construing the rules do not usually constitute 'excusable' neglect"). Signed by Judge Rosemary M. Collyer on 8/20/2013. (lcrmc2) (Entered: 08/20/2013)
2013-08-21	63	Consent MOTION for Extension of Time to File Response/Reply as to 55 MOTION for Attorney Fees and Costs (Nunc Pro Tunc) by NATIONAL SECURITY COUNSELORS (Attachments: # 1 Exhibit - Reply, # 2 Exhibit C - 2d McClanahan Declaration, # 3 Exhibit C-1 - EIN Notice, # 4 Exhibit C-2 - 501(c)(3) app, # 5 Exhibit C-3 - 2010 990-EZ, # 6 Exhibit D - CREW opp'n, # 7 Exhibit E - EPIC billing record, # 8 Text of Proposed Order)(McClanahan, Kelly) (Entered: 08/21/2013)
2013-10-02	64	MOTION to Stay by UNITED STATES OF AMERICA (Attachments: # 1 Text of Proposed Order)(Marcus, Lisa) (Entered: 10/02/2013)
2013-10-03		MINUTE ORDER granting as unopposed nunc pro tunc to August 19, 2013 63 Motion for Extension of Time to File Reply; granting 64 Motion to Stay. Plaintiff's Reply in support of 55 the Fee Petition, at Dkt. 63-1 through 63-8, is deemed filed nunc pro tunc to August 19, 2013. Defendants are granted leave to file a surreply. The deadline for Defendants to file the surreply is stayed indefinitely. See 31 U.S.C. § 1342. The parties shall file a joint status report no later than October 17, 2013, setting forth a proposed deadline for Defendants to file their surreply. Signed by Judge Rosemary M. Collyer on 10/3/2013. (lcrmc2) (Entered: 10/03/2013)
2013-10-03		Set/Reset Deadlines/Hearings: Joint Status Report due by 10/17/2013. (cdw) (Entered: 10/03/2013)
2013-10-03	77	REPLY to opposition to motion re 55 MOTION for Attorney Fees and Costs filed by NATIONAL SECURITY COUNSELORS. (Attachments: # 1 Exhibit C - 2d McClanahan Declaration, # 2 Exhibit C-1 - EIN Notice, # 3 Exhibit C-2 - 501(c)(3) app, # 4 Exhibit C-3 - 2010 990-EZ, # 5 Exhibit D - CREW opp'n, # 6 Exhibit E - EPIC billing record, # 7 Text of Proposed Order)(zrdj) (Entered: 03/11/2016)
2013-10-08		MINUTE ORDER. Due to the unanticipated length of the lapse of government appropriations, the deadline for Defendants to file a surreply regarding the fee petition remains STAYED . No later than seven days after the government shutdown ends, the parties shall file a revised joint proposed schedule for Defendants' surreply. The stay will be automatically lifted without further court order upon the end of the shutdown. Signed by Judge Rosemary M. Collyer on 10/8/2013. (lcrmc2) (Entered: 10/08/2013)
2013-10-08		Case Stayed. (cdw) (Entered: 10/08/2013)
2013-10-24	65	Joint MOTION for Briefing Schedule : Joint Proposed Schedule by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE (Attachments: # 1 Text of Proposed Order)(Marcus, Lisa) (Entered: 10/24/2013)
2013-10-24		MINUTE ORDER granting 65 Joint Proposed Schedule. Defendants' sur-reply shall be due no later than 11/1/13. Signed by Judge Rosemary M. Collyer on 10/24/2013. (lcrmc1) (Entered: 10/24/2013)
2013-10-24		Set/Reset Deadlines/Hearings: Defendants' sur-reply due by 11/1/2013. (cdw) (Entered: 10/25/2013)
2013-11-01	66	SURREPLY to re 55 MOTION for Attorney Fees and Costs filed by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE. (Marcus, Lisa) (Entered: 11/01/2013)
2014-02-12	67	MEMORANDUM AND OPINION. Signed by Judge Rosemary M. Collyer on 2/12/2014. (lcrmc1) (Entered: 02/12/2014)
2014-02-12	68	ORDER denying 55 Plaintiff's Motion for Attorney's Fees. Signed by Judge Rosemary M. Collyer on 2/12/2014. (lcrmc1) (Entered: 02/12/2014)
2014-03-12	69	MOTION for Reconsideration re 68 Order on Motion for Attorney Fees by NATIONAL SECURITY COUNSELORS (Attachments: # 1 Exhibit A - 3d McClanahan Declaration, # 2 Exhibit B - Kavanaugh Declaration, # 3 Text of Proposed Order)(McClanahan, Kelly) (Entered: 03/12/2014)
2014-03-31	70	Consent MOTION for Extension of Time to File Response/Reply as to 69 MOTION for Reconsideration re 68 Order on Motion for Attorney Fees - Consent Motion for Three-Day Extension by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE (Attachments: # 1 Text of Proposed Order)(Marcus, Lisa) (Entered: 03/31/2014)
2014-03-31		MINUTE ORDER granting Defendants' 70 Consent Motion for Extension of Time to File Response to Plaintiff's 69 Motion for Reconsideration re 68 Order on Motion for Attorney Fees. Defendants' Response is due no later than April 3, 2014. Signed by Judge Rosemary M. Collyer on March 31, 2014. (lcrmc3) (Entered: 03/31/2014)
2014-03-31		Set/Reset Deadlines/Hearings: Response to 69 due by 4/3/2014. (cdw) (Entered: 04/01/2014)
2014-04-03	71	Memorandum in opposition to re 69 MOTION for Reconsideration re 68 Order on Motion for Attorney Fees filed by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE. (Marcus, Lisa) (Entered: 04/03/2014)
2014-04-14	72	REPLY to opposition to motion re 69 MOTION for Reconsideration re 68 Order on Motion for Attorney Fees filed by NATIONAL SECURITY COUNSELORS. (McClanahan, Kelly) (Entered: 04/14/2014)
2014-06-10	73	ORDER granting in part and denying in part 69 Plaintiff's Motion for Reconsideration. Plaintiff's Motion is granted with respect to the $350 filing fee and denied in all other respects. See Order for further details. Signed by Judge Rosemary M. Collyer on 6/10/2014. (lcrmc1) (Entered: 06/10/2014)
2014-07-09	74	NOTICE OF APPEAL TO DC CIRCUIT COURT as to 67 Memorandum & Opinion, 68 Order on Motion for Attorney Fees, 73 Order on Motion for Reconsideration, by NATIONAL SECURITY COUNSELORS. Filing fee $ 505, receipt number 0090-3774245. Fee Status: Fee Paid. Parties have been notified. (McClanahan, Kelly) (Entered: 07/09/2014)
2014-07-10	75	Transmission of the Notice of Appeal, Order Appealed, and Docket Sheet to US Court of Appeals. The Court of Appeals fee was paid this date re 74 Notice of Appeal to DC Circuit Court,. (jf, ) (Entered: 07/10/2014)
2014-07-14		USCA Case Number 14-5171 for 74 Notice of Appeal to DC Circuit Court, filed by NATIONAL SECURITY COUNSELORS. (kb) (Entered: 07/14/2014)
2016-03-09	76	MANDATE of USCA (certified copy) ORDERED and ADJUDGED that the judgment of the District Court appealed from in this cause is hereby reversed and the case is remanded for further proceedings, in accordance with the opinion of the court filed herein this date as to 74 Notice of Appeal to DC Circuit Court, filed by NATIONAL SECURITY COUNSELORS. USCA Case Number 14-5171. (zrdj) (Entered: 03/09/2016)
2016-03-11		MINUTE ORDER. The Circuit reversed and remanded regarding the issue of attorney fees, and the mandate 76 has been issued, placing jurisdiction back in the District Court. The Court will decide 55 Plaintiffs motion for attorney fees, as the matter has been fully briefed, see Opposition 59 , Reply 63 , and Surreply 66 . Should a party seek additional briefing, such party may file a motion for additional briefing, demonstrating good cause, no later than March 24, 2016. Signed by Judge Rosemary M. Collyer on 3/11/2016. (KD) (Entered: 03/11/2016)
2016-03-11		Set/Reset Deadlines/Hearings: Motions for additional briefing due by 3/24/2016. (zcdw) (Entered: 03/14/2016)
2016-03-28	78	MOTION for Extension of Time to File Motion for Additional Briefing by NATIONAL SECURITY COUNSELORS (Attachments: # 1 Text of Proposed Order)(McClanahan, Kelly) (Entered: 03/28/2016)
2016-03-29		MINUTE ORDER granting 78 Motion for Extension of Time. The parties may file a motion seeking additional briefing on the issue of attorney fees and costs no later than April 1, 2016. Signed by Judge Rosemary M. Collyer on 3/29/2016. (KD) (Entered: 03/29/2016)
2016-03-29		Set/Reset Deadlines/Hearings: Motion re additional briefing due by 4/1/2016. (cdw) (Entered: 03/29/2016)
2016-04-01	79	NOTICE of Appearance by Bradley Prescott Moss on behalf of NATIONAL SECURITY COUNSELORS (Moss, Bradley) (Entered: 04/01/2016)
2016-04-01	80	Consent MOTION for Leave to File Supplemental Petition for Costs and Attorneys' Fees by NATIONAL SECURITY COUNSELORS (Attachments: # 1 Text of Proposed Order, # 2 Supplemental fee petition, # 3 Exhibit A - 4th McClanahan declaration, # 4 Exhibit B - Moss resume, # 5 Text of Proposed Order)(McClanahan, Kelly) (Entered: 04/01/2016)
2016-04-04		MINUTE ORDER granting 80 Plaintiff's consent Motion for Leave to File. The Supplemental Fee Petition and exhibits attached may be filed. A Response and a Reply may be filed in accordance with the Local Rules. Signed by Judge Rosemary M. Collyer on 4/4/2016. (KD) (Entered: 04/04/2016)
2016-04-04	81	SUPPLEMENTALfee petition to re 55 MOTION for Attorney Fees and Costs filed by NATIONAL SECURITY COUNSELORS. (Attachments: # 1 Exhibit A - 4th McClanahan declaration, # 2 Exhibit B - Moss resume, # 3 Text of Proposed Order)(zrdj) (Entered: 04/04/2016)
2016-04-21	82	Consent MOTION for Extension of Time to File Response/Reply by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE (Attachments: # 1 Text of Proposed Order)(Marcus, Lisa) (Entered: 04/21/2016)
2016-04-26		MINUTE ORDER granting 82 Defendants' consent Motion for Extension of Time to File Response re Plaintiff's supplemental attorney fee petition. Defendants shall file a Response no later than April 27, 2016. Signed by Judge Rosemary M. Collyer on 4/26/2016. (KD) (Entered: 04/26/2016)
2016-04-26		Set/Reset Deadlines/Hearings: Response to 81 due by 4/27/2016. (cdw) (Entered: 04/27/2016)
2016-04-27	83	Consent MOTION for Extension of Time to File Response/Reply by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE (Attachments: # 1 Text of Proposed Order)(Marcus, Lisa) (Entered: 04/27/2016)
2016-04-28		MINUTE ORDER granting 83 Defendants' consent Motion for Extension of Time to File response to supplemental attorney fee petition. Defendants shall file a response by April 29, 2016. Signed by Judge Rosemary M. Collyer on 4/28/2016. (KD) (Entered: 04/28/2016)
2016-04-28		Set/Reset Deadlines/Hearings: Response to 81 due by 4/29/2016. (cdw) (Entered: 04/28/2016)
2016-04-30	84	RESPONSE re 81 Supplemental Memorandum, Opposition to Plaintiffs' Supplemental Petition for Fees on Fees filed by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE. (Attachments: # 1 Exhibit A: D.C. Cir. Docket Report, # 2 Exhibit B: USAO Laffey)(Marcus, Lisa) (Entered: 04/30/2016)
2016-05-09	85	Consent MOTION for Extension of Time to File Response/Reply to Supplemental Fee Petition by NATIONAL SECURITY COUNSELORS (Attachments: # 1 Text of Proposed Order)(McClanahan, Kelly) (Entered: 05/09/2016)
2016-05-10		MINUTE ORDER granting 85 Motion for Extension of Time to File Supplemental Reply. Plaintiff shall file a Reply by 5/17/2016. Signed by Judge Rosemary M. Collyer on 5/10/2016. (KD) (Entered: 05/10/2016)
2016-05-10		Set/Reset Deadlines/Hearings: Plaintiff Supplemental Reply due by 5/17/2016. (cdw) (Entered: 05/12/2016)
2016-05-17	86	REPLY to opposition to motion re 80 Consent MOTION for Leave to File Supplemental Petition for Costs and Attorneys' Fees filed by NATIONAL SECURITY COUNSELORS. (McClanahan, Kelly) (Entered: 05/18/2016)
2016-05-18	87	NOTICE of Filing of Additional Exhibit by NATIONAL SECURITY COUNSELORS re 86 Reply to opposition to Motion (Attachments: # 1 Exhibit C - Moss Declaration)(McClanahan, Kelly) (Entered: 05/18/2016)
2016-05-25	88	MEMORANDUM AND OPINION on fees and costs. Signed by Judge Rosemary M. Collyer on 5/25/2016. (KD) (Entered: 05/25/2016)
2016-05-25	89	ORDER granting in part and denying in part Plaintiff's petition for attorney fees and costs 55 as supplemented by 81 . This case is closed. Signed by Judge Rosemary M. Collyer on 5/25/2016. (KD) (Entered: 05/25/2016)
2016-08-15	90	MOTION to Compel Immediate Payment of Fees by NATIONAL SECURITY COUNSELORS (Attachments: # 1 Text of Proposed Order)(McClanahan, Kelly) (Entered: 08/15/2016)
2016-09-01	91	RESPONSE re 90 MOTION to Compel Immediate Payment of Fees filed by CENTRAL INTELLIGENCE AGENCY, DEFENSE INTELLIGENCE AGENCY. (Marcus, Lisa) (Entered: 09/01/2016)
2016-09-06		MINUTE ORDER requiring Defendants to file a status report on the payment of the fee awards no later than September 21, 2016. Signed by Judge Rosemary M. Collyer on 9/6/2016. (lcrmc2) (Entered: 09/06/2016)
2016-09-06		Set/Reset Deadlines/Hearings: Defendants' Status Report due by 9/21/2016 (cdw) (Entered: 09/06/2016)
2016-09-21	92	STATUS REPORT by NATIONAL SECURITY COUNSELORS. (McClanahan, Kelly) (Entered: 09/21/2016)
2016-09-21	93	STATUS REPORT by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE. (Marcus, Lisa) (Entered: 09/21/2016)
2016-09-21		Set/Reset Deadlines/Hearings: Defendants' Status Report due by 10/7/2016. (cdw) (Entered: 09/22/2016)
2016-09-22		MINUTE ORDER requiring Defendants to file a status report on the payment of the fee awards no later than October 7, 2016. Signed by Judge Rosemary M. Collyer on 9/21/2016. (DAS) (Entered: 09/22/2016)
2016-10-11	94	Second STATUS REPORT by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE. (Marcus, Lisa) (Entered: 10/11/2016)
2016-10-17		MINUTE ORDER denying 90 Motion to Compel Immediate Payment of Fees as moot. Signed by Judge Rosemary M. Collyer on 10/17/2016. (DAS) (Entered: 10/17/2016)
2016-10-31	95	NOTICE of non-compliance by NATIONAL SECURITY COUNSELORS re 94 Status Report, Order on Motion to Compel (Attachments: # 1 Exhibit A - McClanahan-Marcus email)(McClanahan, Kelly) (Entered: 10/31/2016)
2016-11-09		Minute Entry for proceedings held before Judge Rosemary M. Collyer: Telephone Conference held on 11/9/2016. (cdw) (Entered: 11/09/2016)
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