Case Detail

FOIA Project Annotation: Judge Trevor McFadden has ruled that Jeffrey Scudder, Ken Osgood, Hugh Wilford, and Mark Stout have failed to state a claim showing that the CIA has a policy or practice of denying requests for electronic records. Based on a 2014 ruling by Judge Beryl Howell in another suit brought by Scudder finding the agency had not shown that electronic records were not readily reproducible under FOIA, Scudder, Osgood, Wilford, and Stout filed suit after the agency refused to disclose 386 documents in electronic format. But this time, McFadden found Scudder and the others had no claim. He noted that "although it asserts, in conclusory fashion, that the CIA has a policy of refusing to release responsive records in electronic format, the complaint is devoid of facts sufficient to advance this allegation from being possible to plausible." He observed that Scudder's complaint indicated the CIA had disclosed electronic records on at least two occasions in recent years. He pointed out that "the reasonable factual inference to be drawn from these allegations is that the CIA has produced documents electronically on several occasions, and not, as Plaintiffs have asserted, that the CIA has categorically refused electronic production of responsive documents." McFadden added that "Plaintiffs do not allege any instance where a requestor did not receive the documents requested in electronic format; or, more significantly, any instance where a requester improperly did not receive the documents in electronic format as requested. By alleging that there have only been a few instances where the CIA has produced responsive records electronically, Plaintiffs, at best, plead facts 'merely consistent with' liability, which is well-settled as insufficient." McFadden found Howell's previous comments irrelevant, noting that "I cannot reasonably impute Chief Judge Howell's summary of the Defendant's apparent litigating position in a case several years ago as fact of the Defendant's current policy or practice, which is the focus of this lawsuit." McFadden also found Scudder had failed to state a pattern or practice claim. He pointed out that "Plaintiffs in this matter have not alleged any instance where the Defendant was found to have violated FOIA â€" or even a specific instance where the Defendant violated FOIA â€" by failing to provide the requested information electronically where readily producible. Indeed, because this lawsuit and the First Amended Complaint were filed prior to the Defendant's response to Plaintiffs' FOIA claims, it is not even clear in this case that the Defendant will respond that the documents sought are not readily producible in electronic format, or not otherwise produce non-exempt records requested by the Plaintiffs in electronic format."
Issues: Litigation - Jurisdiction - Failure to State a Claim, Choice of format - Burdensome

Date Filed	Doc #	Docket Text
2016-09-28	1	COMPLAINT against CENTRAL INTELLIGENCE AGENCY ( Filing fee $ 400 receipt number 0090-4689385) filed by MARK STOUT, JEFFREY SCUDDER, HUGH WILFORD, KEN OSGOOD. (Attachments: # 1 Civil Cover Sheet, # 2 Summons CIA, # 3 Summons USADC, # 4 Summons USAG)(Moss, Bradley) (Entered: 09/28/2016)
2016-09-29	2	NOTICE of Appearance by Mark S. Zaid on behalf of All Plaintiffs (Zaid, Mark) (Entered: 09/29/2016)
2016-09-29		Case Assigned to Judge Randolph D. Moss. (dr) (Entered: 09/29/2016)
2016-09-29	3	SUMMONS (3) Issued Electronically as to CENTRAL INTELLIGENCE AGENCY, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Consent Form)(dr) (Entered: 09/29/2016)
2016-11-03	4	Unopposed MOTION for Extension of Time to File Answer re 1 Complaint, by CENTRAL INTELLIGENCE AGENCY (Attachments: # 1 Text of Proposed Order)(Motgi, Anjali) (Entered: 11/03/2016)
2016-11-04		MINUTE ORDER: Upon consideration of Defendant's Unopposed Motion for Extension of Time to File Answer, the motion is hereby GRANTED. Defendant shall respond to Plaintiffs' complaint on or before December 5, 2016. Signed by Judge Randolph D. Moss on 11/4/2016. (lcrdm3, ) (Entered: 11/04/2016)
2016-11-07		Set/Reset Deadlines: Defendant shall respond to Plaintiffs' complaint on or before 12/5/2016. (kt) (Entered: 11/07/2016)
2016-12-05	5	MOTION to Dismiss Count II by CENTRAL INTELLIGENCE AGENCY (Motgi, Anjali) (Entered: 12/05/2016)
2016-12-12	6	Unopposed MOTION for Extension of Time to File Response/Reply to Defendant's Partial Motion to Dismiss by KEN OSGOOD, JEFFREY SCUDDER, MARK STOUT, HUGH WILFORD (Attachments: # 1 Text of Proposed Order)(Moss, Bradley) (Entered: 12/12/2016)
2016-12-12		MINUTE ORDER: Upon consideration of Plaintiffs' unopposed Motion for Extension of Time to File Response/Reply 6 , the motion is hereby GRANTED. It is ORDERED that Plaintiffs shall file any opposition to Defendant's Partial Motion to Dismiss 5 on or before January 2, 2017. Defendant shall file any reply on or before January 17, 2017. Signed by Judge Randolph D. Moss on 12/12/2016. (lcrdm3, ) (Entered: 12/12/2016)
2016-12-12		Set/Reset Deadlines: Plaintiffs shall file any opposition to Defendant's Partial Motion to Dismiss 5 on or before 1/2/2017; Defendant shall file any reply on or before 1/17/2017. (kt) (Entered: 12/12/2016)
2017-01-02	7	Memorandum in opposition to re 5 MOTION to Dismiss Count II filed by KEN OSGOOD, JEFFREY SCUDDER, MARK STOUT, HUGH WILFORD. (Attachments: # 1 Exhibit 1 - Lutz Declaration, # 2 Text of Proposed Order)(Moss, Bradley) (Entered: 01/02/2017)
2017-01-02	8	MOTION for Leave to File First Amended Complaint by KEN OSGOOD, JEFFREY SCUDDER, MARK STOUT, HUGH WILFORD (Attachments: # 1 Memorandum in Support, # 2 Exhibit 1 - FAC, # 3 Exhibit 2 - FOIA requests, # 4 Exhibit 3 - original Complaint, # 5 Text of Proposed Order)(Moss, Bradley) (Entered: 01/02/2017)
2017-01-03		MINUTE ORDER: It is hereby ORDERED that Defendant's Partial Motion to Dismiss 5 be HELD IN ABEYANCE pending resolution of Plaintiffs' Motion for Leave to File a First Amended Complaint 8 . Defendant need not file a reply in support of its motion until further order of this Court. It is FURTHER ORDERED that the parties shall confer regarding Defendant's position as to the Motion for Leave to File a First Amended Complaint 8 , and file a report updating the Court as to that position on or before January 5, 2017. It is FURTHER ORDERED that, if Defendant does oppose Plaintiffs' motion 8 , it shall file an opposition on or before January 16, 2017. Signed by Judge Randolph D. Moss on 1/3/2017. (lcrdm3, ) (Entered: 01/03/2017)
2017-01-03		Set/Reset Deadlines: The parties shall confer regarding Defendant's position as to the Motion for Leave to File a First Amended Complaint 8 , and file a report updating the Court as to that position on or before 1/5/2017; If Defendant does oppose Plaintiffs' motion 8 , it shall file an opposition on or before 1/16/2017. (kt) (Entered: 01/03/2017)
2017-01-05	9	Joint STATUS REPORT Re: Plaintiffs' Motion to Amend by CENTRAL INTELLIGENCE AGENCY. (Motgi, Anjali) (Entered: 01/05/2017)
2017-01-05		MINUTE ORDER: Upon consideration of the parties' Joint Status Report 9 , it is hereby ORDERED that Plaintiff's Unopposed Motion for Leave to File a First Amended Complaint 8 be GRANTED and that the First Amended Complaint attached thereto be DEEMED FILED. It is FURTHER ORDERED that the pending Partial Motion to Dismiss 5 be DENIED WITHOUT PREJUDICE AS MOOT in light of the First Amended Complaint. It is FURTHER ORDERED that Defendant shall respond to the First Amended Complaint on or before January 19, 2017. For this purpose, Defendant may refile some or all of its initial motion to dismiss, but should update the citations therein to reflect the paragraph numbering of the First Amended Complaint. To the extent Defendant wishes to address the paragraphs newly added in the First Amended Complaint, Defendant shall do so in a forthcoming motion to dismiss, rather than a reply. Signed by Judge Randolph D. Moss on 1/5/2017. (lcrdm3, ) (Entered: 01/05/2017)
2017-01-06		Set/Reset Deadlines: Defendant shall respond to the First Amended Complaint on or before 1/19/2017. (kt) (Entered: 01/06/2017)
2017-01-06	10	FIRST AMENDED COMPLAINT against CENTRAL INTELLIGENCE AGENCY filed by MARK STOUT, JEFFREY SCUDDER, HUGH WILFORD, KEN OSGOOD.(jf) (Entered: 01/06/2017)
2017-01-18	11	MOTION to Dismiss Count II by CENTRAL INTELLIGENCE AGENCY (Attachments: # 1 Text of Proposed Order)(Motgi, Anjali) (Entered: 01/18/2017)
2017-02-01	12	Memorandum in opposition to re 11 MOTION to Dismiss Count II filed by KEN OSGOOD, JEFFREY SCUDDER, MARK STOUT, HUGH WILFORD. (Attachments: # 1 Exhibit 1 - Lutz Declaration, # 2 Text of Proposed Order)(Moss, Bradley) (Entered: 02/01/2017)
2017-02-03	13	Unopposed MOTION for Extension of Time to File Response/Reply in Support of Partial Motion to Dismiss by CENTRAL INTELLIGENCE AGENCY (Attachments: # 1 Text of Proposed Order)(Motgi, Anjali) (Entered: 02/03/2017)
2017-02-03		MINUTE ORDER: Upon consideration of Defendant's Unopposed Motion for Extension of Time to File a Reply in Support of its Partial Motion to Dismiss 13 , the motion is hereby GRANTED. It is ORDERED that Defendant shall file any reply on or before February 15, 2017. Signed by Judge Randolph D. Moss on 2/3/2017. (lcrdm3, ) (Entered: 02/03/2017)
2017-02-03		Set/Reset Deadlines: Defendant shall file any reply on or before 2/15/2017. (kt) (Entered: 02/03/2017)
2017-02-15	14	REPLY to opposition to motion re 11 MOTION to Dismiss Count II filed by CENTRAL INTELLIGENCE AGENCY. (Motgi, Anjali) (Entered: 02/15/2017)
2017-11-01		Case directly reassigned to Judge Trevor N. McFadden. Judge Randolph D. Moss is no longer assigned to the case. (ztnr) (Entered: 11/01/2017)
2017-12-13	15	ORDER. The Defendant's 11 Partial Motion to Dismiss is GRANTED. See Order for further details. It is further ORDERED that the parties shall appear for a status hearing on January 3, 2018 at 10:00 AM in Courtroom 2, before Judge Trevor N. McFadden. Signed by Judge Trevor N. McFadden on 12/13/2017. (lctnm3) (Entered: 12/13/2017)
2017-12-13	16	MEMORANDUM OPINION re 15 Order on Defendant's Partial Motion to Dismiss. Signed by Judge Trevor N. McFadden on 12/13/2017. (lctnm3) (Entered: 12/13/2017)
2017-12-13		Set/Reset Hearings: Status Conference scheduled for 1/3/2018, at 10:00 AM in Courtroom 2, before Judge Trevor N. McFadden. (hmc) (Entered: 12/13/2017)
2018-01-03		Minute Entry for proceedings held before Judge Trevor N. McFadden: Status Conference held on 1/3/2018. Order forthcoming. (Court Reporter: Patricia Kaneshiro-Miller.) (hmc) (Entered: 01/03/2018)
2018-01-03		MINUTE ORDER. As stated during the status conference held on January 3, 2018, the parties are ORDERED to file a Joint Status Report every 90 days advising the Court on the progress of the Defendant's productions to Plaintiff. The next Joint Status Report shall be due on or before April 3, 2018. The parties shall continue to file Joint Status Reports every 90 days thereafter until otherwise ordered by the Court. SO ORDERED. Signed by Judge Trevor N. McFadden on 1/3/2018. (lctnm3) (Entered: 01/03/2018)
2018-01-03		Set/Reset Deadlines: Joint Status Report due by 4/3/2018. (hmc) (Entered: 01/03/2018)
2018-04-03	17	Joint STATUS REPORT by CENTRAL INTELLIGENCE AGENCY. (Motgi, Anjali) (Entered: 04/03/2018)
2018-04-23	18	STANDING ORDER Establishing Procedures for Cases Before Judge Trevor N. McFadden. The parties are hereby ORDERED to read and comply with the directives in the attached standing order. Courtesy copies are excused for all filings predating the entry of this Standing Order. Signed by Judge Trevor N. McFadden on 4/20/2018. (lctnm3) (Entered: 04/23/2018)
2018-07-05		MINUTE ORDER TO SHOW CAUSE. The Court's Minute Order dated January 3, 2018 ordered the parties to file Joint Status Reports every 90 days from April 3, 2018. The parties' latest Joint Status Report was therefore due on July 2, 2018. It is hereby ORDERED that the parties shall, by July 10, 2018, show cause for the missed deadline. It is further ORDERED that the parties shall, by July 10, 2018, file a Joint Status Report. Signed by Judge Trevor N. McFadden on 7/5/2018. (lctnm3) (Entered: 07/05/2018)
2018-07-06		Set/Reset Deadlines: Response to Show Cause due by 7/10/2018; Joint Status Report due by 7/10/2018. (tg) (Entered: 07/06/2018)
2018-07-10	19	Joint STATUS REPORT by CENTRAL INTELLIGENCE AGENCY. (Motgi, Anjali) (Entered: 07/10/2018)
2018-07-10		MINUTE ORDER. Upon consideration of the parties' 19 Joint Status Report, it is hereby ORDERED that the parties shall continue to submit joint status reports every 90 days until Defendant completes its response to Plaintiff's FOIA request. The next joint status report shall be due on October 8, 2018. It is further ORDERED that the parties shall, within fourteen days of Defendant's final production of documents, submit a joint status report for further proceedings, including, as necessary, a briefing schedule for dispositive motions. SO ORDERED. Signed by Judge Trevor N. McFadden on 7/10/2018. (lctnm3) (Entered: 07/10/2018)
2018-07-11		Set/Reset Deadlines: Joint Status Report due by 10/8/2018, and every 90 days thereafter. (hmc) (Entered: 07/11/2018)
2018-10-08	20	Joint STATUS REPORT by CENTRAL INTELLIGENCE AGENCY. (Motgi, Anjali) (Entered: 10/08/2018)
2019-01-02	21	MOTION to Stay Deadlines Pending Lapse in Appropriations by CENTRAL INTELLIGENCE AGENCY (Attachments: # 1 Text of Proposed Order)(Motgi, Anjali) (Entered: 01/02/2019)
2019-01-03		MINUTE ORDER granting 21 Motion to Stay. Upon considering the Defendant's 21 Motion to Stay, it is hereby ordered that this matter shall be stayed until Congress has restored appropriations to the Department of Justice. It is further ordered that the Defendant will notify the Court immediately upon resumption of appropriations. Signed by Judge Trevor N. McFadden on 1/3/2019. (lctnm1) (Entered: 01/03/2019)
2019-01-28	22	NOTICE of Restoration of Appropriations by CENTRAL INTELLIGENCE AGENCY (Motgi, Anjali) (Entered: 01/28/2019)
2019-01-29		MINUTE ORDER: Upon consideration of the Defendant's 22 Notice, the Court hereby lifts the stay in this case. The parties are ORDERED to file a status report on or before February 1, 2019. This Report shall propose a production and status report schedule. SO ORDERED. Signed by Judge Trevor N. McFadden on 1/29/19. (lctnm3) (Entered: 01/29/2019)
2019-01-29		Set/Reset Deadlines: Joint Status Report due by 2/1/2019. (hmc) (Entered: 01/29/2019)
2019-02-01	23	Joint STATUS REPORT by CENTRAL INTELLIGENCE AGENCY. (Motgi, Anjali) (Entered: 02/01/2019)
2019-02-01		MINUTE ORDER: Upon consideration of the parties' 23 Joint Status Report, it is hereby ORDERED that a further update shall be filed on or before February 14, 2019. This report shall propose a schedule for the remaining records productions, further joint status reports, and a schedule for further proceedings as necessary. Signed by Judge Trevor N. McFadden on 2/1/2019. (lctnm3) (Entered: 02/01/2019)
2019-02-04		Set/Reset Deadlines: Joint Status Report due by 2/14/2019. (hmc) (Entered: 02/04/2019)
2019-02-14	24	Joint STATUS REPORT by CENTRAL INTELLIGENCE AGENCY. (Motgi, Anjali) (Entered: 02/14/2019)
2019-02-14		MINUTE ORDER: Upon consideration of the parties' 24 Joint Status Report, it is hereby ORDERED that the Defendant shall continue to produce responsive records on a rolling basis. It is further ordered that the parties shall file Joint Status Reports every 60 days. The first such Report shall be due on or before April 15, 2019. Signed by Judge Trevor N. McFadden on 2/14/2019. (lctnm3) (Entered: 02/14/2019)
2019-02-15		Set/Reset Deadlines: Joint Status Report due by 4/15/2019, and every 60 days thereafter. (hmc) (Entered: 02/15/2019)
2019-04-15	25	Joint STATUS REPORT by CENTRAL INTELLIGENCE AGENCY. (Motgi, Anjali) (Entered: 04/15/2019)
2019-06-14	26	Joint STATUS REPORT by CENTRAL INTELLIGENCE AGENCY. (Motgi, Anjali) (Entered: 06/14/2019)
2019-06-17		MINUTE ORDER: Upon consideration of the parties' 26 Joint Status Report, a Status Conference is hereby scheduled for July 1, 2019 at 10 a.m. in Courtroom 2 before Judge Trevor N. McFadden. Signed by Judge Trevor N. McFadden on 6/17/2019. (lctnm3) (Entered: 06/17/2019)
2019-06-17		Set/Reset Hearings: Status Conference set for 7/1/2019 at 10:00 AM in Courtroom 2 before Judge Trevor N. McFadden. (hmc) (Entered: 06/17/2019)
2019-07-01		Minute Entry for proceedings held before Judge Trevor N. McFadden: Status Conference held on 7/1/2019. The parties' next Joint Status Report is due by 9/6/2019. (Court Reporter: Lisa Edwards.) (hmc) (Entered: 07/01/2019)
2019-09-06	27	Joint STATUS REPORT by CENTRAL INTELLIGENCE AGENCY. (Motgi, Anjali) (Entered: 09/06/2019)
2019-11-05	28	Joint STATUS REPORT by CENTRAL INTELLIGENCE AGENCY. (Motgi, Anjali) (Entered: 11/05/2019)
2019-12-20	29	NOTICE OF SUBSTITUTION OF COUNSEL by Marcia Kay Sowles on behalf of All Defendants Substituting for attorney Anjali Motgi (Sowles, Marcia) (Entered: 12/20/2019)
2020-01-06	30	Joint STATUS REPORT by CENTRAL INTELLIGENCE AGENCY. (Sowles, Marcia) (Entered: 01/06/2020)
2020-03-12	31	Joint STATUS REPORT by CENTRAL INTELLIGENCE AGENCY. (Sowles, Marcia) (Entered: 03/12/2020)
2020-05-06	32	Joint STATUS REPORT by CENTRAL INTELLIGENCE AGENCY. (Sowles, Marcia) (Entered: 05/06/2020)
2020-05-07		MINUTE ORDER. Upon consideration of the parties' 32 Joint Status Report, it is hereby ORDERED that the parties shall appear for a Status Conference on July 1, 2020 at 10 a.m. in Courtroom 2 before Judge Trevor N. McFadden. Signed by Judge Trevor N. McFadden on 5/7/2020. (lctnm3) (Entered: 05/07/2020)
2020-05-07		Set/Reset Hearings: Status Conference set for 7/1/2020 at 10:00 AM in Courtroom 2 before Judge Trevor N. McFadden. (hmc) (Entered: 05/07/2020)
2020-06-25		MINUTE ORDER. It is hereby ORDERED that the Status Conference at 10 a.m. on July 1, 2020 shall be held by telephone. Dial-in information will be emailed to counsel. Signed by Judge Trevor N. McFadden on 6/25/2020. (lctnm3) (Entered: 06/25/2020)
2020-06-30	33	Joint STATUS REPORT by KEN OSGOOD, JEFFREY SCUDDER, MARK STOUT, HUGH WILFORD. (Zaid, Mark) (Entered: 06/30/2020)
2020-07-01		Minute Entry for proceedings held before Judge Trevor N. McFadden: Telephonic Status Conference held on 7/1/2020. Joint Status Report due by 8/7/2020, providing an update on the progress made by each agency during the month of July. A further Status Conference is set for 8/13/2020 at 10:00 AM in Courtroom 2 before Judge Trevor N. McFadden. (Court Reporter: Crystal Pilgrim.) (hmc) (Entered: 07/01/2020)
2020-07-01		NOTICE OF ERROR re 33 Status Report; emailed to Mark@MarkZaid.com, cc'd 4 associated attorneys -- The PDF file you docketed contained errors: 1. Invalid attorney signature, 2. FYI: DO NOT REFILE. For future filings, attorney signature must match login/password. (zeg, ) (Entered: 07/01/2020)
2020-08-07	34	Joint STATUS REPORT by CENTRAL INTELLIGENCE AGENCY. (Attachments: # 1 Exhibit A)(Sowles, Marcia) (Entered: 08/07/2020)
2020-08-07		MINUTE ORDER. The Status Conference scheduled for August 13, 2020, at 10:00 AM will be conducted with counsel by telephone. Dial-in information will be emailed to counsel. SO ORDERED. Signed by Judge Trevor N. McFadden on 8/7/2020. (lctnm3) (Entered: 08/07/2020)
2020-08-13		Minute Entry; for proceedings held before Judge Trevor N. McFadden: Status Conference held on 8/13/2020. The current Status Report schedule is vacated. A Joint Status Report pinpointing progress made is now due by 11/13/2020). (Court Reporter Sara Wick) (hs) (Entered: 08/13/2020)
2020-11-13	35	Joint STATUS REPORT by CENTRAL INTELLIGENCE AGENCY. (Attachments: # 1 Exhibit Chart Showing Status of Consultations)(Sowles, Marcia) (Entered: 11/13/2020)
2020-11-16		MINUTE ORDER. Upon consideration of the parties' 35 Joint Status Report, it is hereby ORDERED that the parties shall file another Joint Status Report by January 15, 2021. It is further ORDERED that Defendant shall encourage Agency B to expedite its review. If Agency B has not made substantial progress by the next JSR, the Court will consider additional remedies. SO ORDERED. Signed by Judge Trevor N. McFadden on 11/16/2020. (lctnm3) (Entered: 11/16/2020)
2020-11-16		Set/Reset Deadlines: Joint Status Report due by 1/15/2021. (hmc) (Entered: 11/16/2020)
2021-01-15	36	Joint STATUS REPORT by CENTRAL INTELLIGENCE AGENCY. (Attachments: # 1 Exhibit Chart describing status of consults)(Sowles, Marcia) (Entered: 01/15/2021)
2021-01-19		MINUTE ORDER. Upon consideration of the parties' 36 Joint Status Report, it is hereby ORDERED that the parties shall file another Joint Status Report by March 15, 2021. The Court finds that the additional orders proposed by Plaintiffs are unnecessary at this time. SO ORDERED. Signed by Judge Trevor N. McFadden on 1/19/2021. (lctnm3) (Entered: 01/19/2021)
2021-01-19		Set/Reset Deadlines: Joint Status Report due by 3/15/2021. (hmc) (Entered: 01/19/2021)
2021-03-15	37	Joint STATUS REPORT by CENTRAL INTELLIGENCE AGENCY. (Attachments: # 1 Exhibit Chart on Consultations)(Sowles, Marcia) (Entered: 03/15/2021)
2021-03-15		MINUTE ORDER. Upon consideration of the parties' 37 Joint Status Report, it is hereby ORDERED that the parties shall file another Joint Status Report by May 7, 2021. SO ORDERED. Signed by Judge Trevor N. McFadden on 3/15/2021. (lctnm3) (Entered: 03/15/2021)
2021-03-16		Set/Reset Deadlines: Joint Status Report due by 5/7/2021. (hmc) (Entered: 03/16/2021)
2021-05-07	38	Joint STATUS REPORT by CENTRAL INTELLIGENCE AGENCY. (Attachments: # 1 Exhibit A - Chart describing status of consultations)(Sowles, Marcia) (Entered: 05/07/2021)
2021-05-07		MINUTE ORDER. Upon consideration of the parties' 38 Joint Status Report, it is hereby ORDERED that the parties shall file another Joint Status Report by July 6, 2021. It is further ORDERED that the parties shall appear for a Status Conference on July 9, 2021 at 2 p.m. in Courtroom 2, before Judge Trevor N. McFadden. SO ORDERED. Signed by Judge Trevor N. McFadden on 5/7/2021. (lctnm3) (Entered: 05/07/2021)
2021-05-07		Set/Reset Deadlines/Hearings: Joint Status Report due by 7/6/2021; Status Conference scheduled for 7/9/2021, at 2:00 PM in Courtroom 2 before Judge Trevor N. McFadden. (ztg) (Entered: 05/07/2021)
2021-07-06	39	Joint STATUS REPORT by CENTRAL INTELLIGENCE AGENCY. (Attachments: # 1 Exhibit Charts showing status of the consultations)(Sowles, Marcia) (Entered: 07/06/2021)
2021-07-09		Minute Entry for proceedings held before Judge Trevor N. McFadden: Status Conference held on 7/9/2021. The parties are directed to file a Joint Status Report on or before 8/23/2021. (Court Reporter: Crystal Pilgrim.) (hmc) (Entered: 07/09/2021)
2021-08-23	40	Joint STATUS REPORT by CENTRAL INTELLIGENCE AGENCY. (Attachments: # 1 Exhibit Chart Showing Status of Consultations)(Sowles, Marcia) (Entered: 08/23/2021)
2021-08-25		MINUTE ORDER. Upon consideration of the Parties' 40 Joint Status Report, it is hereby ORDERED that the Parties file another Joint Status Report by September 30, 2021. In light of the recent progress made by Defendant in producing documents and the recent increase in COVID-19 cases, the Court declines to grant Plaintiff's requests that the Department of State and Agencies A and B appear directly and respond no later than September 10. SO ORDERED. Signed by Judge Trevor N. McFadden on 8/25/2021. (lctnm3) Modified on 8/25/2021 to add event title (hmc). (Entered: 08/25/2021)
2021-08-25		Set/Reset Deadlines: Joint Status Report due by 9/30/2021. (hmc) (Entered: 08/25/2021)
2021-09-30	41	Joint STATUS REPORT by CENTRAL INTELLIGENCE AGENCY. (Attachments: # 1 Exhibit Chart regarding status of consultations)(Sowles, Marcia) (Entered: 09/30/2021)
2021-10-01		MINUTE ORDER. Upon consideration of the parties' 41 Joint Status Report, it is hereby ORDERED that the parties shall submit another Joint Status Report on or before November 8, 2021. SO ORDERED. Signed by Judge Trevor N. McFadden on 10/1/2021. (lctnm3) (Entered: 10/01/2021)
2021-10-03		Set/Reset Deadlines: Joint Status Report due by 11/8/2021. (hmc) (Entered: 10/03/2021)
2021-11-08	42	Joint STATUS REPORT by CENTRAL INTELLIGENCE AGENCY. (Attachments: # 1 Exhibit Chart of Status of Documents)(Sowles, Marcia) (Entered: 11/08/2021)
2021-11-09		MINUTE ORDER. Upon consideration of the Parties' 42 Joint Status Report, it is hereby ORDERED that the Parties shall file another Joint Status Report on or before January 3, 2022, and every 60 days thereafter. SO ORDERED. Signed by Judge Trevor N. McFadden on 11/9/2021. (lctnm3) (Entered: 11/09/2021)
2021-11-09		Set/Reset Deadlines: Joint Status Report due by 1/3/2022, and every 60 days thereafter. (ztg) (Entered: 11/09/2021)
2022-01-03	43	Joint STATUS REPORT by CENTRAL INTELLIGENCE AGENCY. (Attachments: # 1 Exhibit Chart describing status of consultations)(Sowles, Marcia) (Entered: 01/03/2022)
2022-02-04	44	Joint STATUS REPORT by CENTRAL INTELLIGENCE AGENCY. (Attachments: # 1 Exhibit Chart describing status of consultations)(Sowles, Marcia) (Entered: 02/04/2022)
2022-04-04	45	Joint STATUS REPORT by CENTRAL INTELLIGENCE AGENCY. (Sowles, Marcia) (Entered: 04/04/2022)
2022-06-10	46	Joint STATUS REPORT by CENTRAL INTELLIGENCE AGENCY. (Sowles, Marcia) (Entered: 06/10/2022)
2022-08-10	47	Joint STATUS REPORT by CENTRAL INTELLIGENCE AGENCY. (Sowles, Marcia) (Entered: 08/10/2022)
2022-10-12	48	Joint STATUS REPORT by CENTRAL INTELLIGENCE AGENCY. (Sowles, Marcia) (Entered: 10/12/2022)
2022-12-15	49	Joint STATUS REPORT by KEN OSGOOD, JEFFREY SCUDDER, MARK STOUT, HUGH WILFORD. (Zaid, Mark) (Entered: 12/15/2022)
2023-02-14	50	Joint STATUS REPORT by KEN OSGOOD, JEFFREY SCUDDER, MARK STOUT, HUGH WILFORD. (Zaid, Mark) (Entered: 02/14/2023)
2023-02-15		MINUTE ORDER: After reviewing the 50 Joint Status Report, the parties are hereby ORDERED to appear for an in-person status conference on March 13, 2023 at 10:00 AM in Courtroom 2 before Judge Trevor N. McFadden. SO ORDERED. Signed by Judge Trevor N. McFadden on 2/15/2023. (lctnm3) (Entered: 02/15/2023)
2023-02-15		Set/Reset Hearings: Status Conference set for 3/13/2023 at 10:00 AM in Courtroom 2- In Person before Judge Trevor N. McFadden. (hmc) (Entered: 02/15/2023)
2023-03-10	51	Joint STATUS REPORT by CENTRAL INTELLIGENCE AGENCY. (Sowles, Marcia) (Entered: 03/10/2023)
2023-03-13		Minute Entry for proceedings held before Judge Trevor N. McFadden: Status Conference held on 3/13/2023. Revised briefing schedule entered by the Court. Defendant's Motion for Summary Judgment due by 7/21/2023; Plaintiffs' Opposition to Defendant's Motion for Summary Judgment and Cross-Motion due by 9/5/2023; Defendant's Opposition to Plaintiffs' Cross-Motion and Reply in support of its Motion for Summary Judgment due by 10/5/2023; Plaintiffs' Reply in support of their Cross-Motion due by 10/19/2023. (Court Reporter: Lisa Edwards.) (hmc) (Entered: 03/13/2023)
2023-07-21	52	MOTION for Summary Judgment by CENTRAL INTELLIGENCE AGENCY. (Attachments: # 1 Memorandum in Support, # 2 Declaration Decl. of Vanna Blaine, # 3 Statement of Material Facts as to which There is No Genuine Issue, # 4 Text of Proposed Order)(Sowles, Marcia) (Entered: 07/21/2023)
2023-09-05	53	Cross MOTION for Summary Judgment (Partial) by KEN OSGOOD, JEFFREY SCUDDER, MARK STOUT, HUGH WILFORD. (Attachments: # 1 Statement of Facts, # 2 Exhibit 1 - Evan Thomas Book, # 3 Text of Proposed Order)(Moss, Bradley) (Entered: 09/05/2023)
2023-09-05	54	Memorandum in opposition to re 52 Motion for Summary Judgment, filed by KEN OSGOOD, JEFFREY SCUDDER, MARK STOUT, HUGH WILFORD. (Attachments: # 1 Statement of Facts Response, # 2 Exhibit 1 - Evan Thomas Book, # 3 Text of Proposed Order)(Moss, Bradley) (Entered: 09/05/2023)
2023-09-28	55	Unopposed MOTION for Extension of Time to File Opposition to Plaintiffs' Motion for Summary Judgment [ECF No. 53] and Reply in Support of Defendant's Motion for Summary Judgment [ECF No 52] by CENTRAL INTELLIGENCE AGENCY. (Attachments: # 1 Text of Proposed Order)(Sowles, Marcia) (Entered: 09/28/2023)
2023-09-30		MINUTE ORDER: The Court ORDERS that Defendant's 55 Motion for Extension of Time is GRANTED. Defendant's Opposition to Plaintiff's Cross-Motion for Summary Judgment and Reply in support of its Motion for Summary Judgment shall be submitted on or before October 20, 2023. Plaintiff's Reply in support of its Cross-Motion for Summary Judgment shall be submitted on or before November 2, 2023. SO ORDERED. Signed by Judge Trevor N. McFadden on 9/30/2023. (lctnm3) (Entered: 09/30/2023)
2023-10-02		Set/Reset Deadlines: Defendant's Opposition to Plaintiff's Cross-Motion for Summary Judgment and Reply in support of its Motion for Summary Judgment shall be submitted on or before October 20, 2023. Plaintiff's Reply in support of its Cross-Motion for Summary Judgment shall be submitted on or before November 2, 2023 (hmc) (Entered: 10/02/2023)
2023-10-20	56	Memorandum in opposition to re 53 Motion for Summary Judgment and Reply in Support of Def's Motion for Summary Judgment 52 filed by CENTRAL INTELLIGENCE AGENCY. (Attachments: # 1 Exhibit A - Letter from Anthony Capitos to Mark Zaid, # 2 Defendant's Response to Plaintiffs' Statement of Material Facts as to Which There is No Genuine Dispute)(Sowles, Marcia) (Entered: 10/20/2023)
2023-10-20	57	REPLY to opposition to motion re 52 MOTION for Summary Judgment and Opposition to Plaintiffs' Cross Motion for Summary Judgment 54 filed by CENTRAL INTELLIGENCE AGENCY. (Attachments: # 1 Exhibit A - Letter from Anthony Capitos to Mark Zaid)(Sowles, Marcia) (Entered: 10/20/2023)
2023-11-02	58	REPLY to opposition to motion re 53 Cross MOTION for Summary Judgment (Partial) filed by KEN OSGOOD, JEFFREY SCUDDER, MARK STOUT, HUGH WILFORD. (Moss, Bradley) (Entered: 11/02/2023)
2023-12-01	59	ORDER for the parties to submit supplemental memoranda and declaration. See attached Order for details. Signed by Judge Trevor N. McFadden on 12/1/2023. (lctnm2) (Entered: 12/01/2023)
2023-12-13	60	Unopposed MOTION for Extension of Time to File Supplemental Memorandum and Supporting Declaration and to Submit Classified Documents for the Court's In Camera Review Pursuant to Court's Order (ECF No. 59) by CENTRAL INTELLIGENCE AGENCY. (Attachments: # 1 Text of Proposed Order)(Sowles, Marcia) (Entered: 12/13/2023)
2023-12-14		MINUTE ORDER: Defendant's 60 Motion for Extension of Time to File Supplemental Memorandum and Supporting Declaration and to Submit Classified Documents is GRANTED. Defendant shall file its materials by or on 1/5/2024. Plaintiff shall file any response to Defendant's Supplemental Memorandum and Supporting Declaration by 1/26/2023. SO ORDERED. Signed by Judge Trevor N. McFadden on 12/14/2023. (lcnm2) (Entered: 12/14/2023)
2023-12-14		Set/Reset Deadlines: Supplemental Memorandum due by 1/5/2024. Response due by 1/26/2024. (hmc) (Entered: 12/14/2023)
2024-01-02	61	Unopposed MOTION to Vacate 59 Order, Set Deadlines, Order on Motion for Extension of Time to, or in the alternative to extend the existing deadlines to allow the CIA to reprocess the documents at issue by CENTRAL INTELLIGENCE AGENCY. (Sowles, Marcia) (Entered: 01/02/2024)
2024-01-03		MINUTE ORDER: Defendant's 61 Unopposed Motion to Vacate the Court's 59 Order to Submit Supplemental Memoranda is GRANTED. The Court VACATES the January 5, 2024 deadline for Defendant to submit a supplemental memorandum addressing automatic declassification and segregability and documents for in camera review. The Court FURTHER ORDERS the parties to appear at an in-person status conference on January 18, 2024, at 2:00 PM in Courtroom 2. The parties shall be prepared to discuss the timeline for production of relevant documents and the status of Defendant's motion for summary judgment. SO ORDERED. Signed by Judge Trevor N. McFadden on 1/3/2024. (lctnm2) (lctb) (Entered: 01/03/2024)
2024-01-18		Minute Entry for Proceedings held before Judge Trevor N. McFadden: Status Conference held on 1/18/2024. Parties discussed the posture of the case. Defendant's 52 Motion for Summary Judgment and Plaintiff's 53 Cross Motion for Summary Judgment were denied for reasons set forth on the record. Order forthcoming. (Court Reporter Lisa Edwards.) (bb) (Entered: 01/18/2024)
2024-01-18		MINUTE ORDER: The Defendant's 52 Motion for Summary Judgment and Plaintiffs' 53 Cross Motion for Summary Judgment are DENIED WITHOUT PREJUDICE. The Court ORDERS the parties to file rolling Joint Status Reports every 60 days starting March 18, 2024, updating the Court on the progress of their resolution efforts. The Court FURTHER ORDERS that after all productions are complete and before parties propose a briefing schedule for summary judgment motions they shall meet in-person to discuss the sufficiency of Defendant's productions. Any request for a briefing schedule must certify this meeting has occurred and that despite good-faith negotiations, no resolution between the parties is possible. Signed by Judge Trevor N. McFadden on 1/18/2024. (lctnm2) (Entered: 01/18/2024)
2024-01-18		Set/Reset Deadlines: Joint Status Report due by 3/18/2024. (hmc) (Entered: 01/18/2024)
2024-03-18	62	Joint STATUS REPORT by CENTRAL INTELLIGENCE AGENCY. (Sowles, Marcia) (Entered: 03/18/2024)
2024-03-18		MINUTE ORDER: After considering the 62 Joint Status Report, the Court ORDERS the parties to file another JSR by May 17, 2024, updating the Court on the progress of their resolution efforts and proposing a briefing schedule for dispositive motions, if required. SO ORDERED. Signed by Judge Trevor N. McFadden on 3/18/2024. (lctnm2) (Entered: 03/18/2024)
2024-05-16	63	Joint STATUS REPORT by CENTRAL INTELLIGENCE AGENCY. (Sowles, Marcia) (Entered: 05/16/2024)
2024-05-17		MINUTE ORDER: After considering the 63 Joint Status Report, the Court ORDERS the parties to file another JSR by July 1, 2024, updating the Court on the progress of their resolution efforts and proposing a briefing schedule for dispositive motions, if required. SO ORDERED. Signed by Judge Trevor N. McFadden on 5/17/2024. (lctnm2) (Entered: 05/17/2024)
2024-07-09	64	Joint STATUS REPORT by CENTRAL INTELLIGENCE AGENCY. (Sowles, Marcia) (Entered: 07/09/2024)
2024-07-12		MINUTE ORDER: After considering the 64 Joint Status Report, the Court ORDERS the parties to file another JSR by September 13, 2024, updating the Court on the progress of their resolution efforts and proposing a briefing schedule for dispositive motions, if required. SO ORDERED. Signed by Judge Trevor N. McFadden on 7/12/2024. (lctnm2) (Entered: 07/12/2024)
2024-09-13	65	Joint STATUS REPORT by CENTRAL INTELLIGENCE AGENCY. (Sowles, Marcia) (Entered: 09/13/2024)
2024-09-13		MINUTE ORDER: After considering the 65 Joint Status Report, the Court ORDERS the parties to file another JSR by November 8, 2024, reporting either that Defendant has completed reprocessing of all remaining documents or explaining in detail why additional time is required to complete production. SO ORDERED. Signed by Judge Trevor N. McFadden on 9/13/2024. (lctnm2) (Entered: 09/13/2024)
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