Case Detail

FOIA Project Annotation: Judge John Bates has ruled that the FBI properly withheld seven surveillance tapes recorded in 2001-2002 of Anwar Aulaqi while he was living in the D.C. metropolitan area under Exemption 7(E) (investigative methods and techniques), but that the State Department has not yet sufficiently justified whether it conducted an adequate search for records on Aulaqi. The day after Aulaqi was killed by a drone attack in Yemen in 2011, Judicial Watch requested all records about Aulaqi from the FBI and the State Department. The FBI disclosed 4,400 pages in full or in part, while the State Department released 448 records in full or in part, supplementing its disclosure with two additional records the FBI recovered from former Secretary of State Hillary Clinton's email server. Judicial Watch narrowed its challenges to whether the FBI could withhold the seven surveillance tapes and whether the State Department had conducted an adequate search. Judicial Watch argued that the FBI's exemption claim was undercut by the age of the surveillance tapes and the possibility that some images from the tapes could be segregated and disclosed. The FBI argued that releasing still photos from the videos would be tantamount to creating a new record. Bates rejected that claim, noting that "the Court is unconvinced that isolating portions of the videos (either in still photos or video clips) constitutes the creation of a new record." Judicial Watch contended that the age of the tapes raised doubts as to whether disclosure would risk circumvention of the law. Bates, however, pointed out that "disclosure of these 'tried-and-true techniques' would allow the surveillance targets, including those in residential neighborhoods, to develop and employ countermeasures." Turning to the State Department's search, Bates agreed with Judicial Watch that the agency had failed to explain how it conducted its search for six offices. He noted that "because the State Department has not provided for these six offices a 'reasonably detailed affidavit, setting forth the search terms and the type of search performed, and averring that all files likely to contain responsive materials . . . were searched,' it is not entitled to summary judgment." However, Bates told State that it might well be able to show that its searches were adequate by providing supplementary affidavits. He rejected Judicial Watch's claims that the State Department had also failed to adequately explain its search terms and the time frame for its search.
Issues: Search - Detailed description of search, Exemption 7(E) - Investigative methods or techniques

Date Filed	Doc #	Docket Text
2012-06-04	1	COMPLAINT against All Defendants ( Filing fee $ 350 receipt number 0090-2956831) filed by JUDICIAL WATCH, INC.. (Attachments: # 1 Civil Cover Sheet, # 2 Summons)(Orfanedes, Paul) (Entered: 06/04/2012)
2012-06-04	2	LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by JUDICIAL WATCH, INC. (Orfanedes, Paul) (Entered: 06/04/2012)
2012-06-04	3	NOTICE of Appearance by Julie B. Axelrod on behalf of JUDICIAL WATCH, INC. (Axelrod, Julie) (Entered: 06/04/2012)
2012-06-04		Case Assigned to Judge John D. Bates. (sth, ) (Entered: 06/04/2012)
2012-06-04	4	ELECTRONIC SUMMONS (4) Issued as to FEDERAL BUREAU OF INVESTIGATIONS, U.S. DEPARTMENT OF STATE, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Summons)(sth) (Entered: 06/04/2012)
2012-06-12	5	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 6/8/2012. Answer due for ALL FEDERAL DEFENDANTS by 7/8/2012. (Attachments: # 1 Declaration of Cristina Rotaru)(Orfanedes, Paul) (Entered: 06/12/2012)
2012-06-12	6	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 06/08/12. (Attachments: # 1 Declaration of Cristina Rotaru)(Orfanedes, Paul) (Entered: 06/12/2012)
2012-06-12	7	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF STATE served on 6/8/2012 (Attachments: # 1 Declaration of Cristina Rotaru)(Orfanedes, Paul) (Entered: 06/12/2012)
2012-06-12	8	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. FEDERAL BUREAU OF INVESTIGATIONS served on 6/11/2012 (Attachments: # 1 Declaration of Cristina Rotaru)(Orfanedes, Paul) (Entered: 06/12/2012)
2012-07-07	9	Consent MOTION for Extension of Time to File Response/Reply to Complaint by FEDERAL BUREAU OF INVESTIGATIONS, U.S. DEPARTMENT OF STATE (Attachments: # 1 Text of Proposed Order)(Littleton, Judson) (Entered: 07/07/2012)
2012-07-10		MINUTE ORDER: Upon consideration of 9 defendants' consent motion for an extension of time to respond to plaintiff's complaint, it is hereby ORDERED that the motion is GRANTED; it is further ORDERED that defendants shall respond to plaintiff's complaint by not later than July 16, 2012. SO ORDERED. Signed by Judge John D. Bates on 7/10/2012. (lcjdb3) (Entered: 07/10/2012)
2012-07-16	10	ANSWER to Complaint by FEDERAL BUREAU OF INVESTIGATIONS, U.S. DEPARTMENT OF STATE. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Littleton, Judson) (Entered: 07/16/2012)
2012-07-23	11	ORDER directing parties to confer and to submit a proposed briefing schedule for the filing of dispositive motions by not later than August 13, 2012. See text of order for details. Signed by Judge John D. Bates on 7/23/2012. (lcjdb3) (Entered: 07/23/2012)
2012-07-24		Set/Reset Deadlines: Briefing Scheduel due by 8/13/2012. (tb, ) (Entered: 07/24/2012)
2012-08-10	12	Joint MOTION for Extension of Time to File Proposed Schedule by FEDERAL BUREAU OF INVESTIGATIONS, JUDICIAL WATCH, INC., U.S. DEPARTMENT OF STATE (Attachments: # 1 Text of Proposed Order)(Littleton, Judson) (Entered: 08/10/2012)
2012-08-10	13	ERRATA by FEDERAL BUREAU OF INVESTIGATIONS, U.S. DEPARTMENT OF STATE 12 Joint MOTION for Extension of Time to File Proposed Schedule filed by FEDERAL BUREAU OF INVESTIGATIONS, JUDICIAL WATCH, INC., U.S. DEPARTMENT OF STATE. (Attachments: # 1 Exhibit Corrected Joint Motion for Extension of Time to File Proposed Schedule)(Littleton, Judson) (Entered: 08/10/2012)
2012-08-13		MINUTE ORDER: Upon consideration of 12 the parties' joint motion for an extension of time to file a proposed schedule, it is hereby ORDERED that the motion is GRANTED; and it is further ORDERED that the parties shall file a proposed schedule for further proceedings by not later than August 27, 2012. SO ORDERED. Signed by Judge John D. Bates on 8/13/2012. (lcjdb3) (Entered: 08/13/2012)
2012-08-14		Set/Reset Deadlines: Proposed schedule due by 8/27/2012. (tb, ) (Entered: 08/14/2012)
2012-08-27	14	NOTICE of Proposed Schedule by FEDERAL BUREAU OF INVESTIGATIONS, JUDICIAL WATCH, INC., U.S. DEPARTMENT OF STATE (Attachments: # 1 Text of Proposed Order)(Littleton, Judson) (Entered: 08/27/2012)
2012-08-30	15	SCHEDULING ORDER governing release of non-exempt responsive records. See text of order for details. Signed by Judge John D. Bates on 8/30/2012. (lcjdb3) (Entered: 08/30/2012)
2013-04-01		STATUS REPORT ORDER: It is hereby ORDERED that the parties shall file a joint status report not later than June 4, 2013. Signed by Judge John D. Bates on 4/1/2013. (lcjdb4) (Entered: 04/01/2013)
2013-05-01	16	Joint MOTION to Modify Scheduling Order for Future Proceedings as to Defendant Federal Bureau of Investigation by FEDERAL BUREAU OF INVESTIGATIONS, U.S. DEPARTMENT OF STATE (Attachments: # 1 Text of Proposed Order)(Littleton, Judson) (Entered: 05/01/2013)
2013-05-02	17	NOTICE of Proposed Order by FEDERAL BUREAU OF INVESTIGATIONS, U.S. DEPARTMENT OF STATE re 16 Joint MOTION to Modify Scheduling Order for Future Proceedings as to Defendant Federal Bureau of Investigation (Littleton, Judson) (Entered: 05/02/2013)
2013-05-02	18	ORDER granting 16 the parties' joint motion to modify the schedule for future proceedings. See text for details. Signed by Judge John D. Bates on 5/2/2013. (lcjdb4) (Entered: 05/02/2013)
2013-06-04	19	STATUS REPORT (jointly filed) by FEDERAL BUREAU OF INVESTIGATIONS, UNITED STATES DEPARTMENT OF STATE. (Littleton, Judson) (Entered: 06/04/2013)
2013-06-18	20	NOTICE OF SUBSTITUTION OF COUNSEL by Amy E. Powell on behalf of All Defendants Substituting for attorney Judson Littleton (Powell, Amy) (Entered: 06/18/2013)
2013-10-04	21	Unopposed MOTION to Stay Deadlines in Light of Lapse in Appropriations by FEDERAL BUREAU OF INVESTIGATIONS, UNITED STATES DEPARTMENT OF STATE (Powell, Amy) (Entered: 10/04/2013)
2013-10-07		MINUTE ORDER: Upon consideration of 21 defendants' consent motion to stay deadlines in light of the lapse in appropriations, it is hereby ORDERED that the motion is GRANTED; and it is further ORDERED that the scheduled deadlines are STAYED. SO ORDERED. Signed by Judge John D. Bates on 10/7/2013. (lcjdb4) (Entered: 10/07/2013)
2013-10-10	22	NOTICE OF WITHDRAWAL OF APPEARANCE as to JUDICIAL WATCH, INC.. Attorney Julie B. Axelrod terminated. (Axelrod, Julie) (Entered: 10/10/2013)
2013-10-21	23	Unopposed MOTION to Amend/Correct Processing Schedule by FEDERAL BUREAU OF INVESTIGATIONS, UNITED STATES DEPARTMENT OF STATE (Powell, Amy) (Entered: 10/21/2013)
2013-10-22		MINUTE ORDER: Upon consideration of 23 defendants' consent motion to amend the processing schedule, it is hereby ORDERED that the motion is GRANTED; it is further ORDERED that Defendant Department of State shall make its next production of responsive, non-exempt documents by not later than November 8, 2013; it is further ORDERED that Defendant Federal Bureau of Investigations shall resume production by not later than November 30, 2013; and it is further ORDERED that the preexisting schedule shall otherwise remain in effect. SO ORDERED. Signed by Judge John D. Bates on 10/22/2013. (lcjdb4) (Entered: 10/22/2013)
2013-10-29	24	NOTICE of Appearance by Ramona Raula Cotca on behalf of JUDICIAL WATCH, INC. (Cotca, Ramona) (Entered: 10/29/2013)
2013-11-22	25	Unopposed MOTION to Amend/Correct Processing Schedule by UNITED STATES DEPARTMENT OF STATE (Powell, Amy) (Entered: 11/22/2013)
2013-11-22		MINUTE ORDER: Upon consideration of 25 defendants' unopposed motion to amend the processing schedule, it is hereby ORDERED that the motion is GRANTED; it is further ORDERED that Defendant Department of State shall make its next production of responsive, non-exempt documents by not later than December 6, 2013; and it is further ORDERED that the preexisting schedule shall otherwise remain in effect. SO ORDERED. Signed by Judge John D. Bates on 11/22/2013. (lcjdb4) (Entered: 11/22/2013)
2013-11-26		Set/Reset Deadlines: DEPT OF STATE shall make its next production of responsive non-exempt documents by not later than 12/6/2013. (tb, ) (Entered: 11/26/2013)
2014-11-10	26	NOTICE of Appearance by Stephen McCoy Elliott on behalf of FEDERAL BUREAU OF INVESTIGATIONS, UNITED STATES DEPARTMENT OF STATE (Elliott, Stephen) (Entered: 11/10/2014)
2014-12-18	27	STATUS REPORT (Joint) by FEDERAL BUREAU OF INVESTIGATIONS, UNITED STATES DEPARTMENT OF STATE. (Elliott, Stephen) (Entered: 12/18/2014)
2014-12-22		MINUTE ORDER: Upon consideration of 27 the parties' joint status report, it is hereby ORDERED that defendants shall each provide a draft Vaughn index to plaintiff by not later than June 19, 2015; and it is further ORDERED that the parties shall file another joint status report by not later than July 24, 2015. SO ORDERED. Signed by Judge John D. Bates on 12/22/2014. (lcjdb4) (Entered: 12/22/2014)
2014-12-30		Set/Reset Deadlines: Defendants shall each provide a draft Vaughn index to plaintiff by 6/19/2015; The parties shall file another Joint Status Report by 7/24/2015. (jth) (Entered: 12/30/2014)
2015-07-24	28	STATUS REPORT (Joint) by FEDERAL BUREAU OF INVESTIGATIONS, UNITED STATES DEPARTMENT OF STATE. (Elliott, Stephen) (Entered: 07/24/2015)
2015-07-27		MINUTE ORDER: Upon consideration of 28 the parties' joint status report, and the entire record herein, it is hereby ORDERED that defendants complete the processing of non-exempt, responsive records and provide a draft Vaughn index for any outstanding records withheld in full by not later than August 10, 2015; it is further ORDERED that the parties confer to discuss narrowing the issues in this case by not later than September 7, 2015; and it is further ORDERED that the parties file another joint status report by not later than September 14, 2015. SO ORDERED. Signed by Judge John D. Bates on 7/27/2015. (lcjdb3) (Entered: 07/27/2015)
2015-09-03	29	NOTICE Regarding Defendants' Motion for Designation of Coordinating Judge by FEDERAL BUREAU OF INVESTIGATIONS, UNITED STATES DEPARTMENT OF STATE (Attachments: # 1 United States Department of State's Motion for Designation of Coordinating Judge and Memorandum in Support)(Elliott, Stephen) (Entered: 09/03/2015)
2015-09-04	30	NOTICE of Court Order in Miscellaneous Case Number 15-1188 by FEDERAL BUREAU OF INVESTIGATIONS, UNITED STATES DEPARTMENT OF STATE (Attachments: # 1 Order, Misc. No. 15-1188)(Elliott, Stephen) (Entered: 09/04/2015)
2015-09-09	31	MOTION to Stay Pending Resolution of Defendants' Motion for Designation of Coordinating Judge by FEDERAL BUREAU OF INVESTIGATIONS, UNITED STATES DEPARTMENT OF STATE (Attachments: # 1 Text of Proposed Order)(Elliott, Stephen) (Entered: 09/09/2015)
2015-09-14	32	Joint STATUS REPORT by JUDICIAL WATCH, INC.. (Cotca, Ramona) (Entered: 09/14/2015)
2015-09-28	33	Memorandum in opposition to re 31 MOTION to Stay Pending Resolution of Defendants' Motion for Designation of Coordinating Judge filed by JUDICIAL WATCH, INC.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Text of Proposed Order)(Cotca, Ramona) (Entered: 09/28/2015)
2015-10-15	34	Joint MOTION for Extension of Time to File Joint Status Report by FEDERAL BUREAU OF INVESTIGATIONS, UNITED STATES DEPARTMENT OF STATE (Attachments: # 1 Text of Proposed Order)(Elliott, Stephen) (Entered: 10/15/2015)
2015-10-15		MINUTE ORDER: Upon consideration of 34 the parties' joint motion for an extension of time, and the entire record herein, it is hereby ORDERED that the motion is GRANTED; and it is further ORDERED that the parties shall file a joint status report by not later than October 29, 2015. SO ORDERED. Signed by Judge John D. Bates on 10/15/15. (lcjdb3) (Entered: 10/15/2015)
2015-10-16		Set/Reset Deadlines: Joint Status Report due by 10/29/2015. (tb) (Entered: 10/16/2015)
2015-10-19	35	NOTICE Regarding Denial of State Department's Motion for Designation of Coordinating Judge by JUDICIAL WATCH, INC. re 31 MOTION to Stay Pending Resolution of Defendants' Motion for Designation of Coordinating Judge (Cotca, Ramona) (Entered: 10/19/2015)
2015-10-21		MINUTE ORDER: Upon consideration of 31 defendants' motion to stay pending resolution of the motion for designation of a coordinating judge, and the entire record herein, it is hereby ORDERED that defendants' motion is DENIED AS MOOT. SO ORDERED. Signed by Judge John D. Bates on 10/21/15. (lcjdb3) (Entered: 10/21/2015)
2015-10-29	36	Joint STATUS REPORT by FEDERAL BUREAU OF INVESTIGATIONS, UNITED STATES DEPARTMENT OF STATE. (Elliott, Stephen) (Entered: 10/29/2015)
2015-10-30		MINUTE ORDER: Upon consideration of 36 the parties' joint status report, and the entire record herein, it is hereby ORDERED that the parties shall file a joint status report by not later than December 10, 2015; and it is further ORDERED that a status conference is set for November 20, 2015 at 9:15 a.m. in Courtroom 30A. SO ORDERED. Signed by Judge John D. Bates on 10/30/15. (lcjdb3) (Entered: 10/30/2015)
2015-10-30		Set/Reset Deadlines/Hearings: A Status Conference is set for 11/20/2015 at 9:15 AM in Courtroom 30A before Judge John D. Bates. The parties shall file a Joint Status Report by 12/10/2015. (jth) (Entered: 10/30/2015)
2015-11-20		Minute Entry: Status Conference held on 11/20/2015 before Judge John D. Bates. (Court Reporter Annette Montalvo) (tb) (Entered: 11/20/2015)
2015-12-10	37	Joint STATUS REPORT by FEDERAL BUREAU OF INVESTIGATIONS, UNITED STATES DEPARTMENT OF STATE. (Elliott, Stephen) (Entered: 12/10/2015)
2015-12-11		MINUTE ORDER: Upon consideration of 37 the parties' joint status report, and the entire record herein, it is hereby ORDERED that the parties shall file a joint status report by not later than February 12, 2016. SO ORDERED. Signed by Judge John D. Bates on 12/11/15. (lcjdb3) (Entered: 12/11/2015)
2015-12-15		Set/Reset Deadlines: Joint Status Report due by 12/12/2016. (tb) (Entered: 12/15/2015)
2016-01-29	38	NOTICE by FEDERAL BUREAU OF INVESTIGATIONS, UNITED STATES DEPARTMENT OF STATE (Attachments: # 1 Exhibit A)(Elliott, Stephen) (Entered: 01/29/2016)
2016-02-01	39	RESPONSE to Defendant's Notice by JUDICIAL WATCH, INC. re 38 Notice (Other) (Attachments: # 1 Exhibit A)(Cotca, Ramona) Modified text on 2/2/2016 (td). (Entered: 02/01/2016)
2016-02-02		MINUTE ORDER: It is hereby ORDERED that, by not later than February 26, 2016, defendants shall either post the remaining responsive document acquired from former Secretary Clinton or file a report explaining why that has not been accomplished. SO ORDERED. Signed by Judge John D. Bates on 2/2/16. (lcjdb3) (Entered: 02/02/2016)
2016-02-02		Set/Reset Deadlines: The remaining responsive document acquired from former Secretary Clinton or a report due by 2/26/2016. (tb) (Entered: 02/02/2016)
2016-02-12	40	Joint STATUS REPORT by FEDERAL BUREAU OF INVESTIGATIONS, UNITED STATES DEPARTMENT OF STATE. (Elliott, Stephen) (Entered: 02/12/2016)
2016-02-22	41	TRANSCRIPT OF STATUS CONFERENCE before Judge John D. Bates held on 11-20-2015; Page Numbers: 1-28. Date of Issuance:2-22-2016. Court Reporter/Transcriber Annette M. Montalvo, Telephone number 718-804-2711, Transcripts may be ordered by submitting the <a href=http://www.dcd.uscourts.gov/dcd/node/2189>Transcript Order Form.</a><P></P><P></P>For the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter.<P> NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov.<P></P> Redaction Request due 3/14/2016. Redacted Transcript Deadline set for 3/24/2016. Release of Transcript Restriction set for 5/22/2016.(Montalvo, Annette) (Entered: 02/22/2016)
2016-03-29		MINUTE ORDER: It is hereby ORDERED that the parties shall file a joint status report by not later than April 11, 2016. SO ORDERED. Signed by Judge John D. Bates on 3/29/16. (lcjdb3) (Entered: 03/29/2016)
2016-03-29		Set/Reset Deadlines: Joint Status Report due by 4/11/2016. (jth) (Entered: 03/29/2016)
2016-04-11	42	Joint STATUS REPORT by FEDERAL BUREAU OF INVESTIGATIONS, UNITED STATES DEPARTMENT OF STATE. (Elliott, Stephen) (Entered: 04/11/2016)
2016-04-11		MINUTE ORDER: Upon consideration of 42 the parties' joint status report, and the entire record herein, it is hereby ORDERED that the parties shall file a joint status report by not later than June 13, 2016. SO ORDERED. Signed by Judge John D. Bates on 4/11/16. (lcjdb3) (Entered: 04/11/2016)
2016-04-12		Set/Reset Deadlines: Joint Status Report due by 6/13/2016. (tb) (Entered: 04/12/2016)
2016-06-13	43	Joint STATUS REPORT by FEDERAL BUREAU OF INVESTIGATIONS, UNITED STATES DEPARTMENT OF STATE. (Elliott, Stephen) (Entered: 06/13/2016)
2016-06-14		MINUTE ORDER: Upon consideration of 43 the parties' joint status report, and the entire record herein, it is hereby ORDERED that the parties shall file a joint status report by not later than July 13, 2016. SO ORDERED. Signed by Judge John D. Bates on 6/14/16. (lcjdb3) (Entered: 06/14/2016)
2016-06-14		Set/Reset Deadlines: Joint Status Report due by 7/13/2016. (tb) (Entered: 06/14/2016)
2016-07-13	44	Joint STATUS REPORT by FEDERAL BUREAU OF INVESTIGATIONS, UNITED STATES DEPARTMENT OF STATE. (Elliott, Stephen) (Entered: 07/13/2016)
2016-07-14		MINUTE ORDER: Upon consideration of 44 the parties' joint status report, and the entire record herein, it is hereby ORDERED that the parties shall file a joint status report by not later than August 12, 2016. SO ORDERED. Signed by Judge John D. Bates on 7/14/16. (lcjdb3) (Entered: 07/14/2016)
2016-07-14		Set/Reset Deadlines: Joint Status Report due by 8/12/2016. (tb) (Entered: 07/14/2016)
2016-08-11	45	Joint STATUS REPORT by FEDERAL BUREAU OF INVESTIGATIONS, UNITED STATES DEPARTMENT OF STATE. (Elliott, Stephen) (Entered: 08/11/2016)
2016-08-15		MINUTE ORDER: Upon consideration of 45 the parties' joint status report, and the entire record herein, it is hereby ORDERED that the parties shall file a joint status report by not later than September 12, 2016. SO ORDERED. Signed by Judge John D. Bates on 8/15/16. (lcjdb3) (Entered: 08/15/2016)
2016-08-15		Set/Reset Deadlines: Joint Status Report due by 9/12/2016. (jth) (Entered: 08/15/2016)
2016-09-12	46	Joint STATUS REPORT by FEDERAL BUREAU OF INVESTIGATIONS, UNITED STATES DEPARTMENT OF STATE. (Elliott, Stephen) (Entered: 09/12/2016)
2016-09-13		MINUTE ORDER: Upon consideration of 46 the parties' joint status report, and the entire record herein, it is hereby ORDERED that the parties shall submit a joint status report by not later than October 12, 2016. SO ORDERED. Signed by Judge John D. Bates on 9/13/16. (lcjdb3) (Entered: 09/13/2016)
2016-09-14		Set/Reset Deadlines: Joint Status Report due by 10/12/2016. (tb) (Entered: 09/14/2016)
2016-10-12	47	Joint STATUS REPORT by FEDERAL BUREAU OF INVESTIGATIONS, UNITED STATES DEPARTMENT OF STATE. (Elliott, Stephen) (Entered: 10/12/2016)
2016-10-12		MINUTE ORDER: Upon consideration of 47 the parties' joint status report, and the entire record herein, it is hereby ORDERED that the parties shall file a joint status report by not later than November 18, 2016. SO ORDERED. Signed by Judge John D. Bates on 10/12/16. (lcjdb3) (Entered: 10/12/2016)
2016-10-14		Set/Reset Deadlines: Joint Status Report due by 11/18/2016. (zlsj) (Entered: 10/14/2016)
2016-11-18	48	Joint STATUS REPORT by FEDERAL BUREAU OF INVESTIGATIONS, UNITED STATES DEPARTMENT OF STATE. (Elliott, Stephen) (Entered: 11/18/2016)
2016-11-18		MINUTE ORDER: Upon consideration of 48 the parties' joint status report, and the entire record herein, it is hereby ORDERED that the parties shall file a joint status report by not later than December 13, 2016. SO ORDERED. Signed by Judge John D. Bates on 11/18/16. (lcjdb3) (Entered: 11/18/2016)
2016-11-22		Set/Reset Deadlines: Joint Status Report due by 12/13/2016. (tb) (Entered: 11/22/2016)
2016-12-13	49	Joint STATUS REPORT by FEDERAL BUREAU OF INVESTIGATIONS, UNITED STATES DEPARTMENT OF STATE. (Elliott, Stephen) (Entered: 12/13/2016)
2016-12-13		MINUTE ORDER: Upon consideration of 49 the parties' joint status report, and the entire record herein, it is hereby ORDERED that the parties shall file a joint status report by not later than January 12, 2017. SO ORDERED. Signed by Judge John D. Bates on 12/13/16. (lcjdb3) (Entered: 12/13/2016)
2016-12-14		Set/Reset Deadlines: Joint Status Report due by 1/12/2017. (tb) (Entered: 12/14/2016)
2017-01-12	50	Joint STATUS REPORT by FEDERAL BUREAU OF INVESTIGATIONS, UNITED STATES DEPARTMENT OF STATE. (Elliott, Stephen) (Entered: 01/12/2017)
2017-01-13		MINUTE ORDER: Upon consideration of 50 the parties' joint status report, and the entire record herein, it is hereby ORDERED that the following briefing schedule shall be set: Defendants shall file their motion for summary judgment by not later than March 24, 2017; plaintiff shall file its opposition and cross-motion for summary judgment by not later than April 28, 2017; defendants shall file their reply and opposition by not later than May 19, 2017; and plaintiff shall file its reply by not later than June 9, 2017. SO ORDERED. Signed by Judge John D. Bates on 1/13/17. (lcjdb3) (Entered: 01/13/2017)
2017-01-17		Set/Reset Deadlines: Cross Motions due by 4/28/2017. Response to Cross Motions due by 4/28/2017. Reply to Cross Motions due by 6/9/2017. Summary Judgment motions due by 3/24/2017. Response to Motion for Summary Judgment due by 4/28/2017. Reply to Motion for Summary Judgment due by 5/19/2017. (tb) (Entered: 01/17/2017)
2017-03-24	51	MOTION for Summary Judgment by FEDERAL BUREAU OF INVESTIGATIONS, UNITED STATES DEPARTMENT OF STATE (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Text of Proposed Order, # 4 Declaration of David M. Hardy, # 5 Declaration of William P. Fischer)(Elliott, Stephen) (Entered: 03/24/2017)
2017-04-25	52	Unopposed MOTION for Extension of Time to file Opposition and Cross-Motion for Summary Judgment by JUDICIAL WATCH, INC. (Attachments: # 1 Text of Proposed Order)(Cotca, Ramona) (Entered: 04/25/2017)
2017-04-26		MINUTE ORDER: Upon consideration of 52 the unopposed motion for extension of time, and the entire record herein, it is hereby ORDERED that the motion is GRANTED; it is further ORDERED that the briefing schedule is AMENDED as follows: plaintiff's opposition and cross-motion, if any, is due by not later than May 3, 2017; defendants' reply and opposition, if any, is due by not later than May 24, 2017; and plaintiff's reply is due by not later than June 14, 2017. SO ORDERED. Signed by Judge John D. Bates on 4/26/2017. (lcjdb3) (Entered: 04/26/2017)
2017-04-26		Set/Reset Deadlines: Plaintiff's opposition and cross-motion, if any, is due by not later than May 3, 2017; Defendants' reply and opposition, if any, is due by not later than May 24, 2017; and Plaintiff's reply, if any, is due by not later than June 14, 2017. (jth) (Entered: 04/26/2017)
2017-05-03	53	Memorandum in opposition to re 51 MOTION for Summary Judgment with Plaintiff's Response to Defendants' Statement of Material Facts and Plaintiff's Statement of Material Facts filed by JUDICIAL WATCH, INC.. (Attachments: # 1 Declaration Farrell Decl. with Ex. 1-5, # 2 Text of Proposed Order)(Cotca, Ramona) (Entered: 05/03/2017)
2017-05-03	54	Cross MOTION for Summary Judgment with Statement of Material Facts by JUDICIAL WATCH, INC. (Attachments: # 1 Declaration Farrell Decl. with Ex. 1-5, # 2 Text of Proposed Order)(Cotca, Ramona) (Entered: 05/03/2017)
2017-05-24	55	REPLY to opposition to motion re 51 MOTION for Summary Judgment filed by FEDERAL BUREAU OF INVESTIGATIONS, UNITED STATES DEPARTMENT OF STATE. (Attachments: # 1 Second Declaration of David M. Hardy, # 2 Declaration of Eric F. Stein, # 3 Text of Proposed Order, # 4 Defendants' Reply and Response to Plaintiff's Statement of Undisputed Facts)(Elliott, Stephen) (Entered: 05/24/2017)
2017-05-24	56	Memorandum in opposition to re 54 Cross MOTION for Summary Judgment with Statement of Material Facts filed by FEDERAL BUREAU OF INVESTIGATIONS, UNITED STATES DEPARTMENT OF STATE. (Attachments: # 1 Second Declaration of David M. Hardy, # 2 Declaration of Eric F. Stein, # 3 Text of Proposed Order, # 4 Defendants' Reply and Opposition to Plaintiff's Statement of Undisputed Facts)(Elliott, Stephen) (Entered: 05/24/2017)
2017-06-14	57	REPLY to opposition to motion re 54 Cross MOTION for Summary Judgment with Statement of Material Facts filed by JUDICIAL WATCH, INC.. (Attachments: # 1 Declaration with Ex. 1-2)(Cotca, Ramona) (Entered: 06/14/2017)
2017-09-06	58	ORDER granting in part and denying in part 51 defendants' motion for summary judgment and denying 54 plaintiff's cross-motion for summary judgment. See text of Order and accompanying Memorandum Opinion for details.Signed by Judge John D. Bates on 9/6/2017. (lcjdb3) (Entered: 09/06/2017)
2017-09-06	59	MEMORANDUM OPINION. Signed by Judge John D. Bates on 9/6/2017. (lcjdb3) (Entered: 09/06/2017)
2017-09-10		Set/Reset Deadlines: Cross Motion due by 10/27/2017. Response to Cross Motion due by 11/13/2017. Reply to Cross Motions due by 11/27/2017. Summary Judgment motion due by 10/6/2017. Response to Motion for Summary Judgment due by 10/27/2017. Reply to Motion for Summary Judgment due by 11/13/2017. (tb) (Entered: 09/10/2017)
2017-09-10		ENTERED IN ERROR...(WRONG CASE) Set/Reset Deadlines: Response to Dispositive Motion due by 10/2/2017. (tb) Modified on 9/10/2017 (tb). (Entered: 09/10/2017)
2017-09-10		NOTICE OF CORRECTED DOCKET ENTRY: re Set/Reset Deadlines: Response to Dispositive Motion due by 10/2/2017 was entered in error(wrong case), please disregard.(tb) (Entered: 09/10/2017)
2017-10-06	60	NOTICE by FEDERAL BUREAU OF INVESTIGATIONS, UNITED STATES DEPARTMENT OF STATE (Elliott, Stephen) (Entered: 10/06/2017)
2017-10-06		MINUTE ORDER: On the Court's own motion, it is hereby ORDERED that a status conference is SCHEDULED for October 12, 2017, at 9:30 a.m. in Courtroom 30.Signed by Judge John D. Bates on 10/6/2017. (lcjdb3) (Entered: 10/06/2017)
2017-10-10		Set/Reset Hearings: Status Conference set for 10/12/2017 at 09:30 AM in Courtroom 30A before Judge John D. Bates. (tb) (Entered: 10/10/2017)
2017-10-12	61	NOTICE of Clarification by FEDERAL BUREAU OF INVESTIGATIONS, UNITED STATES DEPARTMENT OF STATE (Elliott, Stephen) (Entered: 10/12/2017)
2017-10-12	62	SCHEDULING ORDER. See text of Order for details. Signed by Judge John D. Bates on 10/12/2017. (lcjdb3) (Entered: 10/12/2017)
2017-10-12		Minute Entry: Status Conference held on 10/12/2017 before Judge John D. Bates: See Scheduling Order previously entered. (Court Reporter Richard Erhlich) (tb) (Entered: 10/13/2017)
2017-10-13		Set/Reset Deadlines/Hearings: Attorney Meet and Confer Conference due by 11/22/2017. Joint Status Report due by 11/30/2017. Status Conference set for 12/7/2017 at 09:45 AM in Courtroom 30A before Judge John D. Bates. (tb) (Entered: 10/13/2017)
2017-11-30	63	Joint STATUS REPORT by FEDERAL BUREAU OF INVESTIGATIONS, UNITED STATES DEPARTMENT OF STATE. (Elliott, Stephen) (Entered: 11/30/2017)
2017-12-07	64	SCHEDULING ORDER. See text of Order for details. Signed by Judge John D. Bates on 12/7/2017. (lcjdb3) (Entered: 12/07/2017)
2017-12-07		Minute Entry: Status Conference held on 12/7/2017 before Judge John D. Bates: See Order previously entered today. (Court Reporter Bryan Wayne) (tb) (Entered: 12/07/2017)
2018-01-12	65	NOTICE by FEDERAL BUREAU OF INVESTIGATIONS, UNITED STATES DEPARTMENT OF STATE (Elliott, Stephen) (Entered: 01/12/2018)
2018-01-17	66	Joint STATUS REPORT by FEDERAL BUREAU OF INVESTIGATIONS, UNITED STATES DEPARTMENT OF STATE. (Elliott, Stephen) (Entered: 01/17/2018)
2018-01-18	67	ORDER setting schedule for document production and any further briefing. See text of Order for details. Signed by Judge John D. Bates on 1/18/2018. (lcjdb3) (Entered: 01/18/2018)
2018-01-22		Set/Reset Deadlines: Cross Motion due by 6/1/2018. Response to Cross Motion due by 6/15/2018. Reply to Cross Motion due by 6/29/2018. Summary Judgment motion due by 5/4/2018. Response to Motion for Summary Judgment due by 6/1/2018. Reply to Motion for Summary Judgment due by 6/15/2018. (tb) (Entered: 01/22/2018)
2018-04-09	68	Unopposed MOTION for Extension of Time to Release the Remaining Responsive, Non-Duplicative Materials by FEDERAL BUREAU OF INVESTIGATIONS, UNITED STATES DEPARTMENT OF STATE (Attachments: # 1 Text of Proposed Order)(Elliott, Stephen) (Entered: 04/09/2018)
2018-04-09		MINUTE ORDER: Upon consideration of 68 defendants' unopposed motion for extension of time, and the entire record herein, it is hereby ORDERED that defendants' motion is GRANTED; and it is further ORDERED that the briefing schedule is AMENDED as follows: defendants shall release all responsive, non-duplicative materials by not later than May 11, 2018; the parties shall file a joint status report by not later than May 25, 2018; defendants' motion for summary judgment, if any, is due by not later than June 8, 2018; plaintiff's opposition and cross-motion for summary judgment, if any, is due by not later than July 6, 2018; defendants' reply and opposition, if any, is due by not later than July 20, 2018; and plaintiff's reply is due by not later than August 3, 2018. No further extensions will be granted absent extraordinary circumstances. SO ORDERED. Signed by Judge John D. Bates on 04/09/2018. (lcjdb3) (Entered: 04/09/2018)
2018-04-10		Set/Reset Deadlines: Joint Status Report due by 5/25/2018. Summary Judgment motion due by 6/8/2016. Response and Cross Motion due by 7/6/2018. Reply and Response to Cross Motion due by 7/20/2018. Reply to Cross Motion due by 8/3/2018. (tb) (Entered: 04/10/2018)
2018-05-09	69	Unopposed MOTION for Extension of Time to Release the Remaining Responsive, Non-Duplicative Materials by FEDERAL BUREAU OF INVESTIGATIONS, UNITED STATES DEPARTMENT OF STATE (Attachments: # 1 Text of Proposed Order)(Elliott, Stephen) (Entered: 05/09/2018)
2018-05-11		MINUTE ORDER: Upon consideration of 69 defendants' unopposed motion for extension of time, and the entire record herein, it is hereby ORDERED that defendants' motion is GRANTED; and it is further ORDERED that the briefing schedule is AMENDED as follows: defendants shall release all remaining responsive, non-duplicative materials by not later than May 18, 2018; the parties shall file a joint status report by not later than June 1, 2018; defendants' motion for summary judgment is due by not later than June 15, 2018; plaintiff's opposition and cross-motion for summary judgment, if any, is due by not later than July 13, 2018; defendants' reply and opposition, if any, is due by not later than July 27, 2018; and plaintiff's reply is due by not later than August 10, 2018. SO ORDERED. Signed by Judge John D. Bates on 05/11/2018. (lcjdb3) (Entered: 05/11/2018)
2018-05-11		Set/Reset Deadlines: Joint Status Report due by 6/1/2018. Summary Judgment motion due by 6/15/2018. Response and Cross Motion due by 7/13/2018. Reply and Response to Cross Motion due by 7/27/2018. Reply to Cross Motion due by 8/10/2018. (tb) (Entered: 05/11/2018)
2018-06-01	70	Joint STATUS REPORT by JUDICIAL WATCH, INC.. (Cotca, Ramona) (Entered: 06/01/2018)
2018-06-01	71	Consent MOTION to Modify the Briefing Schedule by UNITED STATES DEPARTMENT OF STATE (Attachments: # 1 Declaration of Eric F. Stein, # 2 Text of Proposed Order)(Elliott, Stephen) (Entered: 06/01/2018)
2018-06-04		MINUTE ORDER: Upon consideration of 71 defendants' consent motion to modify the briefing schedule, and the entire record herein, it is hereby ORDERED that defendants' motion is GRANTED; and it is further ORDERED that the briefing schedule is AMENDED as follows: defendants shall provide a completed draft Vaughn index to Plaintiff by not later than June 22, 2018; Plaintiff shall inform defendants of what aspects of the withholdings it intends to challenge by not later than July 6, 2018; the parties shall file a joint status report by not later than July 13, 2018; defendants' motion for summary judgment is due by not later than August 6, 2018; plaintiff's opposition and cross-motion for summary judgment, if any, is due by not later than August 31, 2018; defendants' reply and opposition, if any, is due by not later than September 14, 2018; and plaintiff's reply is due by not later than September 28, 2018. SO ORDERED. Signed by Judge John D. Bates on 06/04/2018. (lcjdb3) (Entered: 06/04/2018)
2018-06-04		Set/Reset Deadlines: Summary Judgment motion due by 8/6/2018. Response and Cross Motion due by 8/31/2018. Reply and Response to Cross Motion due by 9/14/2018. Reply to Cross Motion due by 9/28/2018. Joint Status Report due by 7/13/2018 Vaughn Index to plaintiff due by 6/22/2018. (tb) (Entered: 06/04/2018)
2018-07-11	72	TRANSCRIPT OF 10/12/17 STATUS HEARING before Judge John D. Bates held on October 12, 2017. Page Numbers: 1-12. Date of Issuance: July 11, 2018. Court Reporter: Bryan A. Wayne. Transcripts may be ordered by submitting Transcript Order Form at www.dcd.uscourts.gov. For the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (PDF, condensed, CD or ASCII) may be purchased from the court reporter. NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 8/1/2018. Redacted Transcript Deadline set for 8/11/2018. Release of Transcript Restriction set for 10/9/2018.(Wayne, Bryan) (Entered: 07/11/2018)
2018-07-13	73	Joint STATUS REPORT by FEDERAL BUREAU OF INVESTIGATIONS, UNITED STATES DEPARTMENT OF STATE. (Elliott, Stephen) (Entered: 07/13/2018)
2018-07-16		MINUTE ORDER: Upon consideration of 73 the parties' request for leave to file a joint status report, and the entire record herein, it is hereby ORDERED that the request is GRANTED; and it is further ORDERED that the parties shall submit an additional joint status report by not later than July 19, 2018. SO ORDERED. Signed by Judge John D. Bates on 07/16/2018. (lcjdb3) (Entered: 07/16/2018)
2018-07-16		Set/Reset Deadlines: Joint Status Report due by 7/19/2018. (tb) (Entered: 07/16/2018)
2018-07-19	74	Joint STATUS REPORT by FEDERAL BUREAU OF INVESTIGATIONS, UNITED STATES DEPARTMENT OF STATE. (Elliott, Stephen) (Entered: 07/19/2018)
2018-07-19		MINUTE ORDER: Upon consideration of 74 the parties' joint status report, and the entire record herein, it is hereby ORDERED that the summary judgment briefing schedule is VACATED; and it is further ORDERED that the parties shall submit a joint status report by not later than September 7, 2018. Signed by Judge John D. Bates on 07/19/2018. (lcjdb3) (Entered: 07/19/2018)
2018-07-20		Set/Reset Deadlines: Joint Status Report due by 9/7/2018. (tb) (Entered: 07/20/2018)
2018-07-23		Set/Reset Deadlines: Joint Status Report due by 9/7/2018. (tb) (Entered: 07/23/2018)
2018-08-03	75	NOTICE by FEDERAL BUREAU OF INVESTIGATIONS, UNITED STATES DEPARTMENT OF STATE (Attachments: # 1 Third Declaration of Eric F. Stein)(Elliott, Stephen) (Entered: 08/03/2018)
2018-08-10	76	NOTICE OF WITHDRAWAL OF APPEARANCE as to FEDERAL BUREAU OF INVESTIGATIONS, UNITED STATES DEPARTMENT OF STATE. Attorney Stephen McCoy Elliott terminated. (Elliott, Stephen) (Entered: 08/10/2018)
2018-08-20	77	NOTICE of Appearance by David Michael Glass on behalf of FEDERAL BUREAU OF INVESTIGATIONS, UNITED STATES DEPARTMENT OF STATE (Glass, David) (Entered: 08/20/2018)
2018-08-30	78	Joint STATUS REPORT by FEDERAL BUREAU OF INVESTIGATIONS, UNITED STATES DEPARTMENT OF STATE. (Glass, David) (Entered: 08/30/2018)
2018-08-31		MINUTE ORDER: Upon consideration of 78 the parties' joint status report, including their representation that they have reached a final agreement that obviates the need to litigate the merits of plaintiff's claim, and the entire record herein, the parties are hereby ORDERED to notify the Court by not later than September 27, 2018 whether they have resolved the case, either in whole or reserving the issue of attorney's fees and costs, and to take appropriate action by that date pursuant to Rule 41(a) of the Federal Rules of Civil Procedure. SO ORDERED. Signed by Judge John D. Bates on 08/31/2018. (lcjdb3) (Entered: 08/31/2018)
2018-08-31		Set/Reset Deadlines: Parties shall notify Court whether they have resolved the case by 9/27/2018. (tb) (Entered: 08/31/2018)
2018-09-27	79	STATUS REPORT and Stipulation by JUDICIAL WATCH, INC.. (Cotca, Ramona) (Entered: 09/27/2018)
2018-09-27	80	STATUS REPORT by FEDERAL BUREAU OF INVESTIGATIONS, UNITED STATES DEPARTMENT OF STATE. (Glass, David) (Entered: 09/27/2018)
2018-09-28	81	ORDER. In light of the parties' representations in 79 80 their respective status reports that they have resolved all issues except the issues of attorney's fees and costs, this case is terminated. Pursuant to Federal Rule of Civil Procedure 54(d)(2)(B) and Local Civil Rule 54.2, the parties are ordered to confer and attempt to reach agreement on the issues of attorney's fees and expenses and to adhere to the briefing schedule set forth in the Order. See text of Order for details. Signed by Judge John D. Bates on 09/28/2018. (lcjdb3) (Entered: 09/28/2018)
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