Case Detail

FOIA Project Annotation: Judge Gladys Kessler has ruled that Nina Seavey, a professor of history and film at George Washington University who has been working on a documentary about anti-Vietnam War dissent in St. Louis in the 1960s and 1970s is entitled to a fee waiver because her film will further the public interest in knowing what the government is up to. The FBI granted Seavey's request for inclusion in the news media fee category, but denied her request for a fee waiver. In granting the fee waiver, Kessler noted that fees would be considerably less because the FBI had found that it had no records for many of the subparts of Seavey's voluminous request. Kessler pointed out that "it is clear to the Court that Professor Seavey certainly [would enhance public understanding]. She has presented a clear and totally persuasive argument that the materials she seeks will enable her to present to the public the distinct experience of student activists and their interactions with the local law enforcement bodies, and, therefore, disclosure of the requested information is in the public interest because it is likely to significantly enhance public understanding of the operations and/or activities of the government." She pointed out that "the fact that some undisclosed records may contain information that is repetitive to what is already public, does not undermine her entitlement to a fee waiver." Underscoring the importance of public understanding of government activities, she observed that "at this present time in our country's history, it is important as never before, that the American public be as educated as possible as to what 'our Government is up to.'"
Issues: Public Interest Fee Waiver - Shed light on government activities, Public Interest Fee Waiver

FOIA Project Annotation: Two recent decisions by long-time district court judges have expressed frustration with the FBI's apparent inability and unwillingness to accommodate complex historical requests that require more than a first-in, first out approach, instead taking positions in court that require requesters to either accept decades long delays in processing voluminous records or limiting search parameters in ways that are likely to produce far fewer responsive records. Both Judge Gladys Kessler and Judge Royce Lamberth took the agency to task for failing to explain why delay and search problems could not be resolved in ways that better served the goals of public disclosure of government information. Kessler was the more pointed of the two, rejecting out-of-hand the FBI's suggestion that Nina Seavey, a documentary filmmaker and history professor at George Washington University, should be content to wait 17 years for the agency to finish processing her multi-part request for records concerning the role the agency played in discouraging protests against the Vietnam War in St. Louis during the 1960s and 1970s. After the agency found 151,000 potentially responsive documents, the FBI suggested processing them at its normal rate of 500 pages a month, a rate that Kessler calculated would take the agency 17 years to complete. In a ruling in May, Kessler granted Seavey a fee waiver after finding her request was clearly in the public interest. In the current ruling, she found that the FBI had retreated to its standard policy of reviewing records in voluminous requests at a rate of 500 pages per month for what was now 102,385 pages. Seavey suggested the agency be required to process the records at a rate of 5,000 pages a month, rather than the standard 500-page rate. Since the FBI had not argued that it had complied with the statute's deadline to determine how to process the request, Kessler granted Seavey's motion for summary judgment. She then turned to fashioning a remedy. Observing that the FBI wanted to maintain the status quo, Kessler explained that "the basic gist of the FBI's argument is that it has developed a comprehensive policy for handling FOIA requests that appropriately balances issues of administrative efficiency and fairness to all FOIA requesters. Thus, the FBI argues that 'in terms of managing work-flow' the 500-page policy has 'proven to be ideal,' and that it is 'key in meeting the demands posed by the growing number, size, and complexity of FOIA/PA requests received by the FBI.' Additionally, the FBI claims that the 500-page policy promotes fairness by preventing 'a system where a few, large queue requests monopolize finite processing resources, resulting in less pages provided to fewer requesters on a more infrequent basis.' Neither proffered justification is justifiable." Kessler rejected the FBI's efficiency rationale, calling it "simply without merit." She pointed out that "in the name of reducing its own administrative headaches, the FBI's 500-page policy ensures that larger requests are subject to an interminable delay in being completed. Under the 500-page policy, requestors must wait one year for every 6,000 potentially responsive documents, and those who request tens of thousands of documents may wait decades." She noted that "where a request imposes truly burdensome obligations on an agency, FOIA provides one safety value â€" a stay for exceptional circumstances. However, the FBI has not invoked that statutory provision in this case. The agency's desire for administrative convenience is simply not a valid justification for telling Professor Seavey that she must wait decades for the documents she needs to complete her work." To bolster its case for applying its 500-page policy to Seavey's request, the FBI had provided a smattering of statistical data, none of which impressed Kessler. Instead, she observed that "relevant information [the FBI might supply] includes: (1) the FBI's capacity to process FOIA and Privacy Act requests expressed as a rate â€" i.e., a number of pages per month; (2) the average number of pages generated by FOIA and Privacy Act requests expressed as a rate; and (3) the distribution of requested pages between queues, and, in particular, the number of pages associated with the largest requests in the large queue. Such data might plausibly demonstrate a gross imbalance between the FBI's processing capabilities and the size of the largest requests it receives, and thereby show that the diversion of resources to the largest requests would substantially delay the processing of smaller requests." She noted that the data the FBI had provided showed that the average request required processing 1,000 pages and that there were 22,222 requests in FY 23016 â€" or 22 million pages to process. The FBI said that 5.1 million pages remained at the end of FY 2016, suggesting that the FBI had a capacity to process 17 million pages annually. Based on this data, Kessler indicated that "it is hard to understand how a request for 100,000 pages (or even several such requests) could monopolize [the agency's] workload. If that is the case, then the FBI's steadfast determination to make Professor Seavey wait decades for documents to which she is statutorily entitled is simply incomprehensible." Kessler acknowledged suggestions that the FBI's processing capacity was considerably less than she assumed, but she observed that "if true, that might help to justify the FBI's 500-page policy. However, this possible discrepancy simply serves to highlight the fact that the FBI has not presented the relevant data that would sufficiently explain what its capabilities are and demonstrate why asking it to do more would cause harm to other requesters." Kessler criticized the FBI's policy of dividing requests into multiple requests. The agency had divided Seavey's request into 372 separate requests. Underscoring the inherently unfair consequences of the policy, Kessler pointed out that "the FBI has assigned each subject a distinct FOIA tracking number, meaning that for the purpose of internal tracking, the FBI treats each request for information on a single subject as a distinct FOIA request. Yet for the purpose of responding to Professor Seavey's request, the FBI treats these otherwise distinct requests as a single request and caps the rate at which it will process them at 500 pages per month," resulting in a lengthier processing time. Kessler observed that "had Professor Seavey simply broken down her initial request into 372 different letters, one for each subject, and mailed them all to the FBI on the same day, it is exceedingly likely that she would have most, if not all, of the documents she seeks. Yet because she chose to include all of the subjects in one request letter, the FBI proposes that she wait 17 years. The Court does not believe that this kind of disparate treatment can be rationally justified." Noting that there was a strong public interest in disclosure of the records, Kessler ordered the agency to finish processing Seavey's request in three years, a rate that would require the agency to process 2,850 pages a month, which Kessler found was not unreasonable under the circumstances.
Issues: Delay - Stay of proceedings

Date Filed	Doc #	Docket Text
2015-08-12	1	COMPLAINT against DEPARTMENT OF JUSTICE ( Filing fee $ 400 receipt number 0090-4207866) filed by NINA GILDEN SEAVEY. (Attachments: # 1 Exhibit A-I, # 2 Summons Attorney General, # 3 Summons Department of Justice, # 4 Summons U.S. Attorney's Office, # 5 Civil Cover Sheet)(Light, Jeffrey) (Entered: 08/12/2015)
2015-08-12		Case Assigned to Judge Gladys Kessler. (sth) (Entered: 08/12/2015)
2015-08-12	2	SUMMONS (3) Issued Electronically as to DEPARTMENT OF JUSTICE, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Summons, # 2 Summons, # 3 Summons)(sth) (Entered: 08/12/2015)
2015-08-21	3	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 8/13/2015. ( Answer due for ALL FEDERAL DEFENDANTS by 9/12/2015.), RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 8/13/2015., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. DEPARTMENT OF JUSTICE served on 8/13/2015 (Light, Jeffrey) (Entered: 08/21/2015)
2015-09-01	4	NOTICE of Appearance by Marina Utgoff Braswell on behalf of DEPARTMENT OF JUSTICE (Braswell, Marina) (Entered: 09/01/2015)
2015-09-10	5	Unopposed MOTION for Extension of Time to File Response/Reply to the Complaint by DEPARTMENT OF JUSTICE (Braswell, Marina) (Entered: 09/10/2015)
2015-09-11	6	ORDER granting 5 Motion for Extension of Time to File Response/Reply. Signed by Judge Gladys Kessler on September 11, 2015. (lcgk2, ) (Entered: 09/11/2015)
2015-10-19	7	AMENDED COMPLAINT against DEPARTMENT OF JUSTICE, CENTRAL INTELLIGENCE AGENCY, NATIONAL ARCHIVES AND RECORDS ADMINISTRATION filed by NINA GILDEN SEAVEY. (Attachments: # 1 Exhibit A-M, # 2 Summons CIA, # 3 Summons NARA)(Light, Jeffrey) (Entered: 10/19/2015)
2015-10-20	8	SUMMONS (2) Issued Electronically as to CENTRAL INTELLIGENCE AGENCY, NATIONAL ARCHIVES AND RECORDS ADMINISTRATION. (znmw) (Entered: 10/20/2015)
2015-11-19	9	Joint MOTION to Stay by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF JUSTICE, NATIONAL ARCHIVES AND RECORDS ADMINISTRATION (Braswell, Marina) (Entered: 11/19/2015)
2015-11-19	10	ORDER granting 9 the Joint Motion to Stay; this case is stayed until May 19, 2016, including Defendants' obligation to respond to the First Amended Complaint; the Parties shall file a Joint Status Report every sixty days, beginning with the sixtieth day from the date of this Order. Signed by Judge Gladys Kessler on 11/19/15. (CL) (Entered: 11/19/2015)
2015-11-19		Set/Reset Deadlines: Joint Status Reports due ever sixty days beginning on January 18, 2016 (CL) (Entered: 11/19/2015)
2015-11-19		Case Stayed (tth) (Entered: 11/19/2015)
2016-01-19	11	Joint STATUS REPORT by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF JUSTICE, NATIONAL ARCHIVES AND RECORDS ADMINISTRATION. (Braswell, Marina) (Entered: 01/19/2016)
2016-03-21	12	Joint STATUS REPORT by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF JUSTICE, NATIONAL ARCHIVES AND RECORDS ADMINISTRATION. (Braswell, Marina) (Entered: 03/21/2016)
2016-05-20	13	Joint STATUS REPORT by NINA GILDEN SEAVEY. (Attachments: # 1 Text of Proposed Order)(Light, Jeffrey) (Entered: 05/20/2016)
2016-05-20	14	ORDER that the Defendants' obligation to respond to Plaintiff's First Amended Complaint is stayed until July 19, 2016; the Parties shall file a Joint Status Report on July 19, 2016; the Parties shall abide by the schedule with respect to briefing of cross-motions for summary judgment (see Order for details). Signed by Judge Gladys Kessler on 5/20/16. (CL) (Entered: 05/20/2016)
2016-05-20		Set/Reset Deadlines: Summary Judgment motions due by 6/29/2016. Response to Motion for Summary Judgment due by 7/26/2016. Reply to Motion for Summary Judgment due by 8/26/2016. Cross Motions due by 7/26/2016. Response to Cross Motions due by 8/26/2016. Reply to Cross Motions due by 9/27/2016. Status Report due by 7/19/2016 (CL) (Entered: 05/20/2016)
2016-06-28	15	Unopposed MOTION for Extension of Time to File Motion for Partial Summary Judgment by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF JUSTICE, NATIONAL ARCHIVES AND RECORDS ADMINISTRATION (Braswell, Marina) (Entered: 06/28/2016)
2016-06-29	16	ORDER granting 15 Motion for Extension of Time to File Dispositive Motions (see Order for details). Signed by Judge Gladys Kessler on 6/29/16. (CL) (Entered: 06/29/2016)
2016-06-29		Set/Reset Deadlines: Summary Judgment motions due by 7/18/2016. Response to Motion for Summary Judgment due by 8/19/2016. Reply to Motion for Summary Judgment due by 9/15/2016. Cross Motions due by 8/19/2016. Response to Cross Motions due by 9/15/2016. Reply to Cross Motions due by 10/17/2016. (CL) (Entered: 06/29/2016)
2016-07-18	17	MOTION for Summary Judgment in Part by DEPARTMENT OF JUSTICE (Attachments: # 1 Hardy Declaration, # 2 Hardy Declaration Exhibits)(Braswell, Marina) (Entered: 07/18/2016)
2016-07-19	18	Joint STATUS REPORT and Defendants' Unopposed Motion for Extension of Time by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF JUSTICE, NATIONAL ARCHIVES AND RECORDS ADMINISTRATION. (Attachments: # 1 Text of Proposed Order)(Braswell, Marina) (Entered: 07/19/2016)
2016-07-19	19	Joint MOTION for Extension of Time by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF JUSTICE, NATIONAL ARCHIVES AND RECORDS ADMINISTRATION, NINA GILDEN SEAVEY. (See Docket Entry 18 to view document). (znmw) (Entered: 07/20/2016)
2016-07-21	20	ORDER granting 19 the Parties' Joint Motion for Extension of Time; the stay in this case is hereby lifted; Defendants' response to the Amended Complaint is deferred until completion of the production of non-exempt records, the entry of a briefing schedule, and the filing of Defendants' dispositive motion on the merits of and Freedom of Information Act exemption claims; the Parties shall file a Joint Status Report on August 19, 2016, which shall include, if appropriate, a briefing schedule for any issues that require intervention by the Court. Signed by Judge Gladys Kessler on 7/21/16. (CL) (Entered: 07/21/2016)
2016-07-21		Set/Reset Deadlines: Joint Status Report due by 8/19/2016 (CL) (Entered: 07/21/2016)
2016-08-19	21	Unopposed MOTION for Extension of Time to File Joint Status Report by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF JUSTICE, NATIONAL ARCHIVES AND RECORDS ADMINISTRATION (Braswell, Marina) (Entered: 08/19/2016)
2016-08-19	22	Memorandum in opposition to re 17 MOTION for Summary Judgment in Part filed by NINA GILDEN SEAVEY. (Attachments: # 1 Exhibit 1-6, # 2 Text of Proposed Order)(Light, Jeffrey) (Entered: 08/19/2016)
2016-08-19	23	Cross MOTION for Partial Summary Judgment (Fee waiver) by NINA GILDEN SEAVEY (Attachments: # 1 Exhibit 1-6, # 2 Text of Proposed Order)(Light, Jeffrey) (Entered: 08/19/2016)
2016-08-22		MINUTE ORDER granting 21 Defendants' Unopposed Motion for Extension of Time; the Parties shall have up to and including August 26, 2016, in which to file their Joint Status Report. Signed by Judge Gladys Kessler on 8/22/16. (CL) (Entered: 08/22/2016)
2016-08-22		Set/Reset Deadlines: Joint Status Report due by 8/26/2016 (CL). (Entered: 08/22/2016)
2016-08-26	24	Joint STATUS REPORT by NINA GILDEN SEAVEY. (Attachments: # 1 Text of Proposed Order)(Light, Jeffrey) (Entered: 08/26/2016)
2016-08-31	25	ORDER that the Parties shall submit a Proposed Schedule on or before September 2, 2016, for briefing on the issue of how many pages per month the FBI should be required to process for release; and the Parties shall submit a further Joint Status Report on September 26, 2016. Signed by Judge Gladys Kessler on 8/31/16. (CL) (Entered: 08/31/2016)
2016-08-31		Set/Reset Deadlines: Status Report due by 9/26/2016 (CL). (Entered: 08/31/2016)
2016-09-02	26	Joint STATUS REPORT regarding Briefing Schedule for FBI monthly production requirements by NINA GILDEN SEAVEY. (Light, Jeffrey) (Entered: 09/02/2016)
2016-09-06	27	ORDER setting forth the briefing schedule on the issue of how many pages per month the FBI should be required to process for release (see Order for details). Signed by Judge Gladys Kessler on 9/6/16. (CL) (Entered: 09/06/2016)
2016-09-06		Set/Reset Deadlines: Plaintiff's Motion due by 9/19/2016. Defendants' Response due by 10/17/16. Plaintiff's Reply due by 11/21/16 (CL) (Entered: 09/06/2016)
2016-09-13	28	Unopposed MOTION for Extension of Time to File Response/Reply as to 23 Cross MOTION for Partial Summary Judgment (Fee waiver) , 17 MOTION for Summary Judgment in Part by DEPARTMENT OF JUSTICE (Braswell, Marina) (Entered: 09/13/2016)
2016-09-15	29	ORDER granting 28 Defendants' Unopposed Motion for Extension of Time; the FBI shall have up to and including September 22, 2016, in which to file its Reply in Support of Motion for Partial Summary Judgment and Opposition to Plaintiff's Cross-Motion for Partial Summary Judgment; Plaintiff shall have up to and including October 17, 2016, in which to file her Reply in Support of Cross-Motion for Partial Summary Judgment. Signed by Judge Gladys Kessler on 9/15/16. (CL) (Entered: 09/15/2016)
2016-09-15		Set/Reset Deadlines: Response to Cross Motions due by 9/22/2016. Reply to Cross Motions due by 10/17/2016. Reply to Motion for Partial Summary Judgment due by 9/22/2016. (CL) (Entered: 09/15/2016)
2016-09-19	30	MOTION for Partial Summary Judgment as to how many pages per month the FBI should be required to process by NINA GILDEN SEAVEY (Attachments: # 1 Exhibit 1-7, # 2 Exhibit 8-16, # 3 Text of Proposed Order)(Light, Jeffrey) (Entered: 09/19/2016)
2016-09-21	31	Unopposed MOTION for Extension of Time to File Response/Reply as to 23 Cross MOTION for Partial Summary Judgment (Fee waiver) by DEPARTMENT OF JUSTICE (Braswell, Marina) (Entered: 09/21/2016)
2016-09-21	32	ORDER granting 31 Defendants' Unopposed Motion for Extension of Time; the FBI shall have up to and including September 30, 2016, in which to file its Reply in Support of the Motion for Partial Summary Judgment and Opposition to Plaintiff's Cross-Motion; Plaintiff shall have up to and including October 17, 2016, in which to file her Reply in Support of Cross-Motion for Partial Summary Judgment. Signed by Judge Gladys Kessler on 9/21/16. (CL) (Entered: 09/21/2016)
2016-09-21		Set/Reset Deadlines: Reply to Motion for Partial Summary Judgment due by 9/30/2016. Response to Cross Motions due by 9/30/2016. Reply to Cross Motions due by 10/17/2016. (CL) (Entered: 09/21/2016)
2016-09-30	33	REPLY to opposition to motion re 17 MOTION for Summary Judgment in Part filed by DEPARTMENT OF JUSTICE. (Attachments: # 1 Second Hardy Declaration)(Braswell, Marina) (Entered: 09/30/2016)
2016-09-30	34	Memorandum in opposition to re 23 Cross MOTION for Partial Summary Judgment (Fee waiver) filed by DEPARTMENT OF JUSTICE. (Attachments: # 1 Response to Statement of Material Facts, # 2 Second Hardy Declaration)(Braswell, Marina) (Entered: 09/30/2016)
2016-10-04	35	NOTICE of Voluntary Dismissal re Central Intelligence Agency (Light, Jeffrey) (Entered: 10/04/2016)
2016-10-05	36	Joint STATUS REPORT by NINA GILDEN SEAVEY. (Attachments: # 1 Text of Proposed Order)(Light, Jeffrey) (Entered: 10/05/2016)
2016-10-07	37	ORDER re 36 Status Report filed by NINA GILDEN SEAVEY. The Parties are ordered to submit their next joint status report on November 4, 2016. Signed by Judge Gladys Kessler on 10/6/2016. (lcgk2, ) (Entered: 10/07/2016)
2016-10-07		Set/Reset Deadlines: Status Report due by 11/4/2016 (zsm) (Entered: 10/07/2016)
2016-10-14	38	Unopposed MOTION for Extension of Time to File Response/Reply as to 30 MOTION for Partial Summary Judgment as to how many pages per month the FBI should be required to process by DEPARTMENT OF JUSTICE (Braswell, Marina) (Entered: 10/14/2016)
2016-10-17	39	ORDER granting 38 Defendants' Unopposed Motion for Extension of Time; Defendants shall have up to and including October 25, 2016, in which to file their response to Plaintiff's Motion for Partial Summary Judgment on the rate that the FBI processes documents responsive to Plaintiff's Freedom on Information Act request. Signed by Judge Gladys Kessler on 10/17/16. (CL) (Entered: 10/17/2016)
2016-10-17		Set/Reset Deadlines: Responses due by 10/25/2016 (CL) (Entered: 10/17/2016)
2016-10-17	40	REPLY to opposition to motion re 23 Cross MOTION for Partial Summary Judgment (Fee waiver) filed by NINA GILDEN SEAVEY. (Light, Jeffrey) (Entered: 10/17/2016)
2016-10-17	41	ERRATA by NINA GILDEN SEAVEY 40 Reply to opposition to Motion filed by NINA GILDEN SEAVEY. (Attachments: # 1 Exhibit)(Light, Jeffrey) (Entered: 10/17/2016)
2016-10-24	42	Unopposed MOTION for Extension of Time to File Response/Reply as to 30 MOTION for Partial Summary Judgment as to how many pages per month the FBI should be required to process by DEPARTMENT OF JUSTICE (Braswell, Marina) (Entered: 10/24/2016)
2016-10-25	43	ORDER granting 42 Defendants' Unopposed Motion for Extension of Time; Defendants shall have up to and including November 2, 2016, in which to file an Opposition to Plaintiff's Motion for Partial Summary Judgment; Plaintiff may have up to and including November 28, 2016, in which to file her Reply. Signed by Judge Gladys Kessler on 10/25/16. (CL) (Entered: 10/25/2016)
2016-10-25		Set/Reset Deadlines: Response to Motion for Partial Summary Judgment due by 11/2/2016. Reply to Motion for Partial Summary Judgment due by 11/28/2016. (CL) (Entered: 10/25/2016)
2016-11-02	44	Consent MOTION to Stay , Cross MOTION for Summary Judgment , Partial by DEPARTMENT OF JUSTICE (Attachments: # 1 Third Hardy Declaration, # 2 Exhibit A-C)(Braswell, Marina) (Entered: 11/02/2016)
2016-11-02	45	Memorandum in opposition to re 30 MOTION for Partial Summary Judgment as to how many pages per month the FBI should be required to process filed by DEPARTMENT OF JUSTICE. (Attachments: # 1 Third Hardy Declaration, # 2 Exhibit A-C)(Braswell, Marina) (Entered: 11/02/2016)
2016-11-04	46	ORDER denying 44 Defendant's Consent Motion to Stay Entry of a Briefing Schedule (see Order for details). Signed by Judge Gladys Kessler on 11/4/16. (CL) (Entered: 11/04/2016)
2016-11-04	47	Joint STATUS REPORT by NINA GILDEN SEAVEY. (Attachments: # 1 Text of Proposed Order)(Light, Jeffrey) (Entered: 11/04/2016)
2016-11-09	48	ORDER that the Parties shall submit a further Joint Status Report on or before December 5, 2016. Signed by Judge Gladys Kessler on 11/9/16. (CL) (Entered: 11/09/2016)
2016-11-09		Set/Reset Deadlines: Status Report due by 12/5/2016 (CL) (Entered: 11/09/2016)
2016-11-28	49	REPLY to opposition to motion re 30 MOTION for Partial Summary Judgment as to how many pages per month the FBI should be required to process filed by NINA GILDEN SEAVEY. (Attachments: # 1 Exhibit 1 and 2)(Light, Jeffrey) (Entered: 11/28/2016)
2016-12-05	50	Joint STATUS REPORT by NINA GILDEN SEAVEY. (Attachments: # 1 Text of Proposed Order)(Light, Jeffrey) (Entered: 12/05/2016)
2016-12-06	51	ORDER that the Parties shall submit their next Joint Status Report no later than January 13, 2017. Signed by Judge Gladys Kessler on 12/6/16. (CL) (Entered: 12/06/2016)
2016-12-06		Set/Reset Deadlines: Status Report due by 1/13/2017 (CL) (Entered: 12/06/2016)
2017-02-06	52	Joint STATUS REPORT by NINA GILDEN SEAVEY. (Attachments: # 1 Text of Proposed Order)(Light, Jeffrey) (Entered: 02/06/2017)
2017-02-06		MINUTE ORDER: The Parties shall submit a further Joint Status Report to the Court on March 8, 2017. Signed by Judge Gladys Kessler on 2/6/17. (CL) (Entered: 02/06/2017)
2017-02-06		Set/Reset Deadlines: Status Report due by 3/8/2017 (CL) (Entered: 02/06/2017)
2017-03-09	53	Joint STATUS REPORT by NINA GILDEN SEAVEY. (Attachments: # 1 Text of Proposed Order)(Light, Jeffrey) (Entered: 03/09/2017)
2017-03-13	54	ORDER that the Parties shall submit a further Joint Status Report on or before May 1, 2017. Signed by Judge Gladys Kessler on 3/13/17. (CL) (Entered: 03/13/2017)
2017-03-13		Set/Reset Deadlines: Joint Status Report due by 5/1/2017 (CL) (Entered: 03/13/2017)
2017-05-01	55	Joint STATUS REPORT by NINA GILDEN SEAVEY. (Attachments: # 1 Text of Proposed Order)(Light, Jeffrey) (Entered: 05/01/2017)
2017-05-02		MINUTE ORDER: Upon consideration of the Parties' Joint Status Report, it is hereby ORDERED that the Parties submit their next Joint Status Report on June 30, 2017. Signed by Judge Gladys Kessler on 5/2/17. (CL) (Entered: 05/02/2017)
2017-05-02		Set/Reset Deadlines: Status Report due by 6/30/2017 (CL) (Entered: 05/02/2017)
2017-05-08	56	STIPULATION of Dismissal and Settlement as to Defendant NARA by NINA GILDEN SEAVEY. (Light, Jeffrey) (Entered: 05/08/2017)
2017-05-09	57	VOLUNTARY STIPULATION OF SETTLEMENT AND ORDER OF DISMISSAL as to the National Archives and Records Administration (this copy of the Voluntary Stipulation has the Judge's signature on the last page). Signed by Judge Gladys Kessler on 5/9/17. (CL) (Entered: 05/09/2017)
2017-05-16	58	ORDER denying 17 Defendant's Motion for Summary Judgment in Part; and granting 23 Plaintiff's Cross-Motion for Partial Summary Judgment. Signed by Judge Gladys Kessler on 5/16/17. (CL) (Entered: 05/16/2017)
2017-05-16	59	MEMORANDUM OPINION to the Motion and Cross-Motion for Summary Judgment. Signed by Judge Gladys Kessler on 5/16/17. (CL) (Entered: 05/16/2017)
2017-05-16	60	ORDER that Defendant shall submit a Status Report no later than May 31, 2017 (see Order for details as to what should be indicated in that Status Report). Signed by Judge Gladys Kessler on 5/16/17. (CL) (Entered: 05/16/2017)
2017-05-16		Set/Reset Deadlines: Defendant's Status Report due by 5/31/2017 (CL) (Entered: 05/16/2017)
2017-05-31	61	STATUS REPORT by DEPARTMENT OF JUSTICE. (Attachments: # 1 Fourth Hardy Declaration)(Braswell, Marina) (Entered: 05/31/2017)
2017-06-08	62	Joint MOTION to Hold in Abeyance re 30 MOTION for Partial Summary Judgment as to how many pages per month the FBI should be required to process by NINA GILDEN SEAVEY (Attachments: # 1 Text of Proposed Order)(Light, Jeffrey) (Entered: 06/08/2017)
2017-06-09	63	ORDER granting 62 the Parties' Joint Motion to Hold in Abeyance, until July 14, 2017, Plaintiff's Motion for Partial Summary Judgment; it is also ORDERED that the Parties shall file a Joint Status Report on July 14, 2017, supplementing Defendant's May 31, 2017, Status Report. Signed by Judge Gladys Kessler on 7/9/17. (CL) (Entered: 06/09/2017)
2017-06-09		Set/Reset Deadlines: Joint Status Report due by 7/14/2017 (CL) (Entered: 06/09/2017)
2017-06-30	64	Joint STATUS REPORT by NINA GILDEN SEAVEY. (Light, Jeffrey) (Entered: 06/30/2017)
2017-07-14	65	Joint STATUS REPORT (Supplemental) by NINA GILDEN SEAVEY. (Attachments: # 1 Exhibit Spreadsheet of page counts)(Light, Jeffrey) (Entered: 07/14/2017)
2017-07-20	66	ORDER granting 30 Plaintiff's Motion for Partial Summary Judgment; the FBI shall begin processing Professor Seavey's request at a rate of not less than 2,850 pages per month (see Memorandum Opinion for details). Signed by Judge Gladys Kessler on 7/20/17. (CL) (Entered: 07/20/2017)
2017-07-20	67	MEMORANDUM OPINION to the Order granting Plaintiff's Motion for Partial Summary Judgment. Signed by Judge Gladys Kessler on 7/20/17. (CL) (Entered: 07/20/2017)
2017-12-05		Case directly reassigned to Judge Dabney L. Friedrich. Judge Gladys Kessler is no longer assigned to the case. (ztnr) (Entered: 12/05/2017)
2018-01-12		MINUTE ORDER. It is hereby ORDERED that the parties shall file a joint status report on or before February 9, 2018. The joint status report shall update the Court on the processing of plaintiff's request according to the Court's 66 Order and 67 Memorandum Opinion of July 20, 2017. Signed by Judge Dabney L. Friedrich on January 12, 2018. (JPF) (Entered: 01/12/2018)
2018-01-29	68	Unopposed MOTION for Extension of Time to File Joint Status Report by DEPARTMENT OF JUSTICE (Braswell, Marina) (Entered: 01/29/2018)
2018-01-30		MINUTE ORDER granting 68 Defendants' Unopposed Motion for Extension of Time. Accordingly, it is ORDERED that the parties shall file a joint status report on or before February 15, 2018. Signed by Judge Dabney L. Friedrich on January 30, 2018. (JPF) (Entered: 01/30/2018)
2018-02-15	69	Joint STATUS REPORT by NINA GILDEN SEAVEY. (Light, Jeffrey) (Entered: 02/15/2018)
2018-02-20	70	MOTION for Reconsideration re 66 Order on Motion for Partial Summary Judgment, by DEPARTMENT OF JUSTICE (Attachments: # 1 Seidel Declaration)(Braswell, Marina) (Entered: 02/20/2018)
2018-02-20		MINUTE ORDER adopting the parties' proposal in their 69 Joint Status Report. Accordingly, it is ORDERED that the plaintiff shall file an opposition to the 70 Motion for Reconsideration on or before April 16, 2018, and the defendant shall file a reply on or before April 30, 2018. Signed by Judge Dabney L. Friedrich on February 20, 2018. (JPF) (Entered: 02/20/2018)
2018-04-16	71	Memorandum in opposition to re 70 MOTION for Reconsideration re 66 Order on Motion for Partial Summary Judgment, filed by NINA GILDEN SEAVEY. (Attachments: # 1 Exhibit 1 - Page from DOJ FOIA Report for FY2017, # 2 Text of Proposed Order)(Light, Jeffrey) (Entered: 04/16/2018)
2018-04-26	72	Consent MOTION for Extension of Time to File Response/Reply as to 70 MOTION for Reconsideration re 66 Order on Motion for Partial Summary Judgment, by DEPARTMENT OF JUSTICE (Braswell, Marina) (Entered: 04/26/2018)
2018-04-26		MINUTE ORDER granting the defendant's 72 Consent Motion for Extension of Time. Accordingly, it is ORDERED that the defendant shall file its reply on or before May 4, 2018. Signed by Judge Dabney L. Friedrich on April 26, 2018. (JPF) (Entered: 04/26/2018)
2018-05-04	73	REPLY to opposition to motion re 70 MOTION for Reconsideration re 66 Order on Motion for Partial Summary Judgment, filed by DEPARTMENT OF JUSTICE. (Attachments: # 1 Second Seidel Declaration)(Braswell, Marina) (Entered: 05/04/2018)
2018-05-15	74	NOTICE of Filing (to replace declaration) by DEPARTMENT OF JUSTICE re 73 Reply to opposition to Motion (Attachments: # 1 Second Seidel Declaration)(Braswell, Marina) (Entered: 05/15/2018)
2018-07-19		MINUTE ORDER. As proposed by the parties, it is ORDERED that the parties shall file a joint status report on or before July 26, 2018. Signed by Judge Dabney L. Friedrich on July 19, 2018. (JPF) (Entered: 07/19/2018)
2018-07-26	75	Joint STATUS REPORT by NINA GILDEN SEAVEY. (Light, Jeffrey) (Entered: 07/26/2018)
2018-07-27		MINUTE ORDER. According to the parties' 75 Joint Status Report, the parties agree that the defendant's 70 Motion for Reconsideration is moot. Therefore, it is ORDERED that the defendant's 70 Motion for Reconsideration is DENIED WITHOUT PREJUDICE as moot. As proposed by the parties, it is further ORDERED that the parties shall file another joint status report on or before September 14, 2018. Signed by Judge Dabney L. Friedrich on July 26, 2018. (lcdlf1) (Entered: 07/27/2018)
2018-09-14	76	Joint STATUS REPORT by NINA GILDEN SEAVEY. (Light, Jeffrey) (Entered: 09/14/2018)
2018-09-17		MINUTE ORDER adopting the parties' proposal in their 76 Joint Status Report. Accordingly, it is ORDERED that the parties shall file a joint status report on or before November 13, 2018. Signed by Dabney L. Friedrich on September 17, 2018. (lcdlf1) (Entered: 09/17/2018)
2018-11-13	77	Joint STATUS REPORT by NINA GILDEN SEAVEY. (Light, Jeffrey) (Entered: 11/13/2018)
2018-11-15		MINUTE ORDER adopting the proposal in the parties' 77 Joint Status Report. Accordingly, it is ORDERED that the parties shall file another joint status report on or before January 14, 2019. Signed by Judge Dabney L. Friedrich on November 15, 2018. (lcdlf1) (Entered: 11/15/2018)
2019-01-15	78	Unopposed MOTION to Stay (Defendants' Unopposed Motion to Stay Proceedings in Light of Lapse in Appropriations) by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF JUSTICE, NATIONAL ARCHIVES AND RECORDS ADMINISTRATION (Attachments: # 1 Text of Proposed Order)(Braswell, Marina) (Entered: 01/15/2019)
2019-01-15		MINUTE ORDER granting in part the defendants' 78 Unopposed Motion to Stay Proceedings in Light of Lapse in Appropriations. Accordingly, it is ORDERED that this case is STAYED until Congress has restored appropriations to the Department of Justice. It is further ORDERED that the parties shall file a joint status report within 7 days of such restoration of appropriations. Signed by Judge Dabney L. Friedrich on January 15, 2019. (lcdlf1) (Entered: 01/15/2019)
2019-02-01	79	Joint STATUS REPORT by NINA GILDEN SEAVEY. (Light, Jeffrey) (Entered: 02/01/2019)
2019-02-04		MINUTE ORDER adopting the proposal in the parties' 79 Joint Status Report. Accordingly, it is ORDERED that the parties shall file another joint status report on or before March 1, 2019. Signed by Judge Dabney L. Friedrich on February 4, 2019. (lcdlf1) (Entered: 02/04/2019)
2019-02-28	80	Joint STATUS REPORT by DEPARTMENT OF JUSTICE. (Braswell, Marina) (Entered: 02/28/2019)
2019-02-28		MINUTE ORDER adopting the proposal in the parties' 80 Joint Status Report. Accordingly, it is ORDERED that the parties shall file another joint status report on or before May 1, 2019. Signed by Judge Dabney L. Friedrich on February 28, 2019. (lcdlf1) (Entered: 02/28/2019)
2019-04-30	81	Joint STATUS REPORT by NINA GILDEN SEAVEY. (Light, Jeffrey) (Entered: 04/30/2019)
2019-04-30		MINUTE ORDER adopting the proposal in the parties' 81 Joint Status Report. Accordingly, it is ORDERED that the parties shall file another joint status report on or before June 6, 2019. Signed by Judge Dabney L. Friedrich on April 30, 2019. (lcdlf1) (Entered: 04/30/2019)
2019-04-30		Set/Reset Deadlines/Hearings: Joint status report due by 6/6/2019. (zcdw) (Entered: 05/01/2019)
2019-06-06	82	Joint STATUS REPORT by NINA GILDEN SEAVEY. (Light, Jeffrey) (Entered: 06/06/2019)
2019-06-07		MINUTE ORDER adopting the proposal in the parties' 82 Joint Status Report. Accordingly, it is ORDERED that the parties shall file another joint status report on or before July 16, 2019. Signed by Judge Dabney L. Friedrich on June 7, 2019. (lcdlf1) (Entered: 06/07/2019)
2019-07-16	83	Joint STATUS REPORT by NINA GILDEN SEAVEY. (Light, Jeffrey) (Entered: 07/16/2019)
2019-07-16		MINUTE ORDER adopting the proposal in the parties' 83 Joint Status Report. It is ORDERED that the parties shall file a joint status report on or before August 27, 2019 that includes the status of the parties' attempts to resolve the issue of attorney fees and costs and a proposed schedule for any further proceedings. Signed by Judge Dabney L. Friedrich on July 16, 2019. (lcdlf1) (Entered: 07/16/2019)
2019-07-16		Set/Reset Deadlines: Joint Status Report due by 8/27/2019. (zcal) (Entered: 07/16/2019)
2019-08-27	84	Joint STATUS REPORT by NINA GILDEN SEAVEY. (Light, Jeffrey) (Entered: 08/27/2019)
2019-08-28		MINUTE ORDER adopting the proposal in the parties' 84 Joint Status Report. It is ORDERED that the parties shall file a joint status report on or before October 28, 2019 that includes the status of the parties' attempts to resolve the issue of attorney fees and costs and a proposed schedule for any further proceedings. So Ordered by Judge Dabney L. Friedrich on August 28, 2019. (lcdlf1) (Entered: 08/28/2019)
2019-11-01	85	Joint STATUS REPORT by NINA GILDEN SEAVEY. (Light, Jeffrey) (Entered: 11/01/2019)
2019-11-04		MINUTE ORDER adopting the proposal in the parties' 85 Joint Status Report. The parties shall file another joint status report on or before December 18, 2019, if a stipulation of dismissal has not been filed by then. The report shall include the status of the parties' attempts to resolve the issue of attorney fees and costs and a proposed schedule for any further proceedings. So Ordered by Judge Dabney L. Friedrich on November 4, 2019. (lcdlf1) (Entered: 11/04/2019)
2019-12-18	86	Joint STATUS REPORT by DEPARTMENT OF JUSTICE. (Braswell, Marina) (Entered: 12/18/2019)
2019-12-18		MINUTE ORDER adopting the proposal in the parties' 86 Joint Status Report. The parties shall file another joint status report on or before January 30, 2020, if a stipulation of dismissal has not been filed by then. The report shall include the status of the parties' attempts to resolve the issue of attorney fees and costs and a proposed schedule for any further proceedings. So Ordered by Judge Dabney L. Friedrich on December 18, 2019. (lcdlf1) (Entered: 12/18/2019)
2020-01-30	87	Unopposed MOTION for Extension of Time to File Joint Status Report by NINA GILDEN SEAVEY (Attachments: # 1 Text of Proposed Order)(Light, Jeffrey) (Entered: 01/30/2020)
2020-02-03		MINUTE ORDER granting the plaintiff's 87 Unopposed Motion for Extension of Time to File Joint Status Report. The parties shall file a joint status report on February 3, 2020. So Ordered by Dabney L. Friedrich on February 3, 2020. (lcdlf1) (Entered: 02/03/2020)
2020-02-03	88	Joint STATUS REPORT by NINA GILDEN SEAVEY. (Light, Jeffrey) (Entered: 02/03/2020)
2020-02-03		MINUTE ORDER adopting the proposal in the parties' 87 Joint Status Report. The parties shall file another joint status report on or before February 28, 2020, if a stipulation of dismissal has not been filed by then. The report shall include the status of the parties' attempts to resolve the issue of attorney fees and costs and a proposed schedule for any further proceedings. So Ordered by Judge Dabney L. Friedrich on February 3, 2020. (lcdlf1) (Entered: 02/03/2020)
2020-02-28	89	Joint STATUS REPORT by NINA GILDEN SEAVEY. (Light, Jeffrey) (Entered: 02/28/2020)
2020-03-03		MINUTE ORDER adopting the proposal in the parties' 89 Joint Status Report. The parties shall file another joint status report on or before March 30, 2020, if a stipulation of dismissal has not been filed by then. The report shall include the status of the parties' attempts to resolve the issue of attorney fees and costs and a proposed schedule for any further proceedings. So Ordered by Judge Dabney L. Friedrich on March 3, 2020. (lcdlf1) (Entered: 03/03/2020)
2020-03-03	90	STIPULATION Amended by NINA GILDEN SEAVEY. (Attachments: # 1 Exhibit Regular Queue)(Light, Jeffrey) (Entered: 03/03/2020)
2020-03-03		Set/Reset Deadlines: Joint Status Report due by 3/30/2020 (zjch) (Entered: 03/04/2020)
2020-03-05	91	ORDER entering 90 Voluntary Stipulation of Settlement and dismissing this case without prejudice. See text for details. The Clerk of Court is directed to close this case. Signed by Judge Dabney L. Friedrich on March 5, 2020. (lcdlf1) (Entered: 03/05/2020)
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