Case Detail

FOIA Project Annotation: Judge Royce Lamberth has ruled that the CIA, the Defense Intelligence Agency, and the Air Force all conducted adequate searches for records on the status of Captain Harry Moore, a downed Korean War pilot who may have become a prisoner of war. Moore was shot down over North Korea in June 1951. By the end of the Korean War, Moore was considered missing in action and presumed dead. In 2002, the Defense Department notified Moore's family that based on information produced by the U.S.-Russia Joint Commission on POW/MIAs there was a possibility that Moore survived the crash and was held as a prisoner of war. In 2012, DOD notified Moore's family that research was continuing at the Russian archives. In 2017, the Moore family, joined by the James Madison Project and investigative reporter Mark Sauter, filed FOIA requests to six agencies pertaining to Moore. After hearing nothing from any of the agencies, the requesters filed suit. Lamberth found that the CIA, DIA, the Air Force had now shown that they conducted adequate searches. Although DIA had not conducted a search because it concluded it was unlikely to have responsive records, Lamberth found its response sufficient. He noted that "here, defendants provided an affidavit detailing why a records search would likely be fruitless. Failing to go one step further and actually conduct this fruitless search does not establish inadequacy." Lamberth rejected the plaintiffs' claim that DIA could have more recent records even though the search for information on Moore's fate fell under the jurisdiction of the DOD's POW/MIA Accounting Agency. Instead, Lamberth pointed out that "DPAA is not responsible for the maintenance of records pertaining to DOD personnel designated as prisoners of war or missing in action prior to December 31, 1990. In fact, DOD Directive 5110.10 explicitly states that DPAA is responsible for accounting for DOD personnel from the Korean War. Because Capt. Moore served in the Korean War â€" and well before 1990 â€" there is no doubt that responsive records would be stored at DPAA, or possibly accessioned to the National Archives and Records Administration due to age. Furthermore, defendant provide another agency affidavit in their reply brief stating that any new requests for information on Korean War records are forwarded to DPAA." The plaintiffs also argued that DIA should have searched its FOIA database for referrals from other agencies. Lamberth disagreed, noting that "DIA's FOIA processing tool is not a 'system of records.' Instead, it is a case management tool and is therefore not searched for responsive FOIA records. Here, responsive records are likely to exist in DPAA. . .Consequently, if DIA searched is FOIA database, it is likely that any responsive records located would be duplicative of those located in a search of DPAA's system of records. . . An agency meets its FOIA obligations if it demonstrates that its search was 'reasonably calculated to uncover all relevant documents.'" Lamberth agreed that the Air Force's search was adequate. He noted that its search of the Air Force Historical Research Agency had uncovered 23,498 pages of responsive records, all of which were disclosed to the plaintiffs. The plaintiffs faulted the agency for failing to identify the keywords used in its search. The agency went ahead and did a second search using keywords supplied by the plaintiffs and found no further records. The plaintiffs challenged the CIA's search on the basis that the search did not uncover records the plaintiffs already had in their possession. Lamberth found this allegation was not sufficient to undermine the agency's search, observing that "regardless, an agency's search need only be reasonable."
Issues: Adequacy - Search

Date Filed	Doc #	Docket Text
2017-08-09	1	COMPLAINT against DEPARTMENT OF STATE ( Filing fee $ 400 receipt number 0090-5066967) filed by MARK SAUTER. (Attachments: # 1 Civil Cover Sheet, # 2 Summons State, # 3 Summons USADC, # 4 Summons USAG)(Moss, Bradley) (Entered: 08/09/2017)
2017-08-09		Case Assigned to Judge Royce C. Lamberth. (sth) (Entered: 08/09/2017)
2017-08-09	2	SUMMONS (3) Issued Electronically as to DEPARTMENT OF STATE, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Summons, # 2 Summons, # 3 Summons)(sth) (Entered: 08/09/2017)
2017-08-31	3	NOTICE of Appearance by Claire M. Whitaker on behalf of DEPARTMENT OF STATE (Whitaker, Claire) (Entered: 08/31/2017)
2017-09-13	4	ANSWER to Complaint by DEPARTMENT OF STATE.(Whitaker, Claire) (Entered: 09/13/2017)
2017-09-29	5	MOTION for Leave to File First Amended Complaint by MARK SAUTER (Attachments: # 1 Memorandum in Support, # 2 Exhibit A - Complaint, # 3 Exhibit B - FAC, # 4 Summons CIA, # 5 Summons DoD, # 6 Text of Proposed Order)(Moss, Bradley) (Entered: 09/29/2017)
2017-10-02	6	NOTICE of Appearance by Mark Steven Zaid on behalf of All Plaintiffs (Zaid, Mark) (Entered: 10/02/2017)
2017-10-13	7	RESPONSE re 5 MOTION for Leave to File First Amended Complaint filed by DEPARTMENT OF STATE. (Whitaker, Claire) (Entered: 10/13/2017)
2017-12-20	8	ORDER granting 5 Motion for Leave to File. ORDERED that Plaintiffs' First Amended Complaint is hereby deemed filed as of the date of this Order. Signed by Judge Royce C. Lamberth on 12/20/17. (lsj) (Entered: 12/20/2017)
2017-12-20	9	ENTERED IN ERROR.....First AMENDED COMPLAINT against DEPARTMENT OF STATE filed by MARK SAUTER.(zrdj) Modified on 1/4/2018 (zrdj). (Entered: 12/21/2017)
2017-12-20	12	FIRST AMENDED COMPLAINT against CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF STATE filed by JANA OREAR, LOIS MOORE, JAMES MADISON PROJECT, CHRISTIANNE OMALLEY, MARK SAUTER, ROBERT MOORE.(zrdj) Modified to add defendant on 1/5/2018 (znmw). (Entered: 01/04/2018)
2018-01-02	10	Consent MOTION for Extension of Time to File Answer First Amended Complaint (ECF No. 5-3, not ECF No. 9) by DEPARTMENT OF STATE (Attachments: # 1 Text of Proposed Order)(Whitaker, Claire) (Entered: 01/02/2018)
2018-01-03	11	NOTICE of Docketing Error by MARK SAUTER (Moss, Bradley) (Entered: 01/03/2018)
2018-01-04	13	SUMMONS (2) Issued Electronically as to CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE. (zrdj) (Entered: 01/04/2018)
2018-01-29	14	ORDER granting 10 Motion for Extension of Time to Answer. Further ORDERED that all Defendants answer to the First Amended Complaint due by 1/31/2018. Signed by Judge Royce C. Lamberth on 1/12/18. (lsj) (Entered: 01/29/2018)
2018-01-31	15	ANSWER to 12 Amended Complaint, (First) by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF STATE.(Whitaker, Claire) (Entered: 01/31/2018)
2018-02-05	16	ORDER directing the Government to produce a Vaughn Index by 3/2/2018. Signed by Judge Royce C. Lamberth on 2/2/18. (lsj) (Entered: 02/05/2018)
2018-03-02	17	Consent MOTION to Vacate 16 Order, Set Deadlines and to file Status Report on April 9, 2018 by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF STATE (Attachments: # 1 Text of Proposed Order)(Whitaker, Claire) (Entered: 03/02/2018)
2018-03-09	18	ORDER granting 17 Motion to Vacate. It is hereby ORDERED that Order 16 entered on 2/5/2018 is hereby VACATED. The parties are to file a Status Report by 4/9/2018. Signed by Judge Royce C. Lamberth on 3/8/18. (lsj) (Entered: 03/09/2018)
2018-04-09	19	Consent STATUS REPORT by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF STATE. (Attachments: # 1 Text of Proposed Order)(Whitaker, Claire) (Entered: 04/09/2018)
2018-04-27	20	ORDER re 19 Status Report. Parties shall file another Status Report by 5/11/2018. Signed by Judge Royce C. Lamberth on 4/26/18. (lsj) (Entered: 04/27/2018)
2018-05-11	21	STATUS REPORT by JAMES MADISON PROJECT, LOIS MOORE, ROBERT MOORE, CHRISTIANNE OMALLEY, JANA OREAR, MARK SAUTER. (Attachments: # 1 Text of Proposed Order)(Moss, Bradley) (Entered: 05/11/2018)
2018-06-11	22	NOTICE of Appearance by Brian J. Field on behalf of All Defendants (Field, Brian) (Entered: 06/11/2018)
2018-06-11	23	Joint STATUS REPORT by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF STATE. (Field, Brian) (Entered: 06/11/2018)
2018-07-13	24	STATUS REPORT (Joint) by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF STATE. (Attachments: # 1 Text of Proposed Order)(Whitaker, Claire) (Entered: 07/13/2018)
2018-07-31	25	Joint STATUS REPORT by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF STATE. (Field, Brian) (Entered: 07/31/2018)
2018-08-10	26	Joint STATUS REPORT by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF STATE. (Field, Brian) (Entered: 08/10/2018)
2018-10-05	27	Consent MOTION for Extension of Time to file Partial Motion for Summary Judgment by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF STATE (Field, Brian) (Entered: 10/05/2018)
2018-10-09	28	ORDER granting 27 Motion for Extension of Time to File Motion for Summary Judgment. Summary Judgment motions due by 10/17/2018. Signed by Judge Royce C. Lamberth on 10/9/18. (lcrcl2) (Entered: 10/09/2018)
2018-10-16	29	MOTION for Extension of Time to file Motion by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF STATE (Field, Brian) (Entered: 10/16/2018)
2018-10-22	30	MOTION for Partial Summary Judgment by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF STATE (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Declaration Stein Decl., # 4 Declaration Williams Decl., # 5 Declaration Beasley Decl., # 6 Declaration Espinal Decl., # 7 Declaration Trinh Decl., # 8 Declaration Shiner Decl., # 9 Text of Proposed Order)(Field, Brian) Modified event title on 10/23/2018 (znmw). (Entered: 10/22/2018)
2018-11-01	31	Consent MOTION for Extension of Time to File Response/Reply to Defendants' Partial Motion for Summary Judgment by JAMES MADISON PROJECT, LOIS MOORE, ROBERT MOORE, CHRISTIANNE OMALLEY, JANA OREAR, MARK SAUTER (Attachments: # 1 Text of Proposed Order)(Moss, Bradley) (Entered: 11/01/2018)
2018-11-06	32	ORDER granting 29 Motion for Extension of Time; Response to Motion for Summary Judgment now due by 11/15/2018. Signed by Judge Royce C. Lamberth on 11/6/18. (lcrcl2) (Entered: 11/06/2018)
2018-11-12	33	Consent MOTION for Extension of Time to File Response/Reply to Defendants' Partial Motion for Summary Judgment by JAMES MADISON PROJECT, LOIS MOORE, ROBERT MOORE, CHRISTIANNE OMALLEY, JANA OREAR, MARK SAUTER (Attachments: # 1 Text of Proposed Order)(Moss, Bradley) (Entered: 11/12/2018)
2018-11-19	34	Memorandum in opposition to re 30 MOTION for Partial Summary Judgment filed by JAMES MADISON PROJECT, LOIS MOORE, ROBERT MOORE, CHRISTIANNE OMALLEY, JANA OREAR, MARK SAUTER. (Attachments: # 1 Exhibit 1 - Moss Declaration, # 2 Exhibit 2 - AFHRA records, # 3 Exhibit 3 - 2014 DIA correspondence, # 4 Exhibit 4 - Rastvorov records, # 5 Exhibit 5 - POW interrogation records, # 6 Statement of Facts Response, # 7 Text of Proposed Order)(Moss, Bradley) (Entered: 11/19/2018)
2018-11-29	35	Unopposed MOTION to Modify Briefing Schedule by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF STATE (Field, Brian) . (Entered: 11/29/2018)
2018-12-31	36	Consent MOTION to Stay Proceedings in Light of the Lapse in Appropriations by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF STATE (Field, Brian) (Entered: 12/31/2018)
2019-01-29	37	ORDER granting 31 Motion for Extension of Time to File Response re 30 MOTION for Partial Summary Judgment, nunc pro tunc; Set/Reset Deadlines: Responses due by 11/15/2018. Signed by Judge Royce C. Lamberth on 1/29/2019. (lcrcl2) (Entered: 01/29/2019)
2019-01-29	38	ORDER granting 33 Motion for Extension of Time to File Response re 30 MOTION for Partial Summary Judgment, nunc pro tunc; Set/Reset Deadlines: Responses due by 11/19/2018. Signed by Judge Royce C. Lamberth on 1/29/2019. (lcrcl2) (Entered: 01/29/2019)
2019-01-29	39	ORDER granting 35 Motion to Modify, nunc pro tunc; Set/Reset Deadlines: Replies due by 1/3/2019. Signed by Judge Royce C. Lamberth on 1/29/2019. (lcrcl2) (Entered: 01/29/2019)
2019-01-29	40	VACATED PURSUANT TO ORDER ENTERED ON 2/11/2019.....ORDER granting 36 Motion to Stay. Signed by Judge Royce C. Lamberth on 1/29/2019. (lcrcl2) Modified on 2/11/2019 (zlsj). (Entered: 01/29/2019)
2019-02-01	41	NOTICE of Restored Government Funding by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF STATE (Field, Brian) (Entered: 02/01/2019)
2019-02-11	42	ORDER LIFTING STAY. Signed by Judge Royce C. Lamberth on 2/8/19. (lsj) (Entered: 02/11/2019)
2019-02-25	43	Consent MOTION for Extension of Time to File Response/Reply as to 30 MOTION for Partial Summary Judgment by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF STATE (Field, Brian) (Entered: 02/25/2019)
2019-02-27	44	ORDER granting 43 Motion for Extension of Time to File Response/Reply re 30 MOTION for Partial Summary Judgment. Replies due by 3/22/2019. Signed by Judge Royce C. Lamberth on 02/27/2019. (lcrcl3) (Entered: 02/27/2019)
2019-02-28		Set/Reset Deadlines: Reply to Motion for Summary Judgment due by 3/22/2019. (lsj) (Entered: 02/28/2019)
2019-03-22	45	REPLY to opposition to motion re 30 MOTION for Partial Summary Judgment filed by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF STATE. (Attachments: # 1 Declaration Ex. A - Morris Decl., # 2 Declaration Ex. B - 2d Beasley Decl., # 3 Declaration Ex. C - 2d Shiner Decl.)(Field, Brian) (Entered: 03/22/2019)
2019-07-30	46	ORDER granting 30 Motion for Partial Summary Judgment. The parties shall file another joint status report no later than August 9, 2019 on whatever issues remain to be decided by the Court with proposed deadlines for bringing this case to a prompt conclusion. Signed by Judge Royce C. Lamberth on 07/30/2019. (lcrcl2) (Entered: 07/30/2019)
2019-07-30	47	MEMORANDUM OPINION re Order 46 . Signed by Judge Royce C. Lamberth on 07/30/2019. (lcrcl2) (Entered: 07/30/2019)
2019-07-31		Set/Reset Deadlines: Joint Status Report due by 8/9/2019 (lsj) (Entered: 07/31/2019)
2019-08-09	48	Joint STATUS REPORT by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF STATE. (Field, Brian) (Entered: 08/09/2019)
2019-08-09	49	ORDER: Status Report due by August 23, 2019. Signed by Judge Royce C. Lamberth on 08/09/2019. (lcrcl2) (Entered: 08/09/2019)
2019-08-22	50	Joint STATUS REPORT by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF STATE. (Field, Brian) (Entered: 08/22/2019)
2019-08-26	51	MINUTE ORDER: Joint Status Report due by 8/30/2019. Signed by Judge Royce C. Lamberth on 08/26/2019. (lcrcl2) (Entered: 08/26/2019)
2019-08-30	52	Joint STATUS REPORT by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF STATE. (Field, Brian) (Entered: 08/30/2019)
2019-08-30	53	ORDER: Joint Status Report due by 9/6/2019. Signed by Judge Royce C. Lamberth on 08/30/2019. (lcrcl2) (Entered: 08/30/2019)
2019-09-06	54	Joint STATUS REPORT by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF STATE. (Field, Brian) (Entered: 09/06/2019)
2019-09-06	55	ORDER adopting proposed scheduling order. Signed by Judge Royce C. Lamberth on 09/06/2019. (lcrcl2) (Entered: 09/06/2019)
2019-09-09		Set/Reset Deadlines: Summary Judgment motions due by 10/25/2019. Response to Motion for Summary Judgment due by 11/25/2019. Reply to Motion for Summary Judgment due by 12/31/2019. Replies due by 1/14/2020. (lsj) (Entered: 09/09/2019)
2019-10-25	56	MOTION for Summary Judgment by DEPARTMENT OF DEFENSE (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Declaration Frazier Decl., # 4 Declaration Thompson Decl.)(Field, Brian) (Entered: 10/25/2019)
2019-11-25	57	Consent MOTION for Extension of Time to file opposition to Defendants' Motion for Summary Judgment by JAMES MADISON PROJECT, LOIS MOORE, ROBERT MOORE, CHRISTIANNE OMALLEY, JANA OREAR, MARK SAUTER (Attachments: # 1 Text of Proposed Order)(Moss, Bradley) (Entered: 11/25/2019)
2019-11-25	58	ORDER granting 57 Motion for Extension of Time to File Opposition. Plaintiffs shall file their opposition no later than December 9, 2019. Defendants shall file their reply no later than January 14, 2020. Signed by Judge Royce C. Lamberth on 11/25/2019. (lcrcl2) (Entered: 11/25/2019)
2019-12-10	59	MOTION for Extension of Time to file opposition (Nunc Pro Tunc) to Defendants' Motion for Summary Judgment by JAMES MADISON PROJECT, LOIS MOORE, ROBERT MOORE, CHRISTIANNE OMALLEY, JANA OREAR, MARK SAUTER (Attachments: # 1 Text of Proposed Order)(Moss, Bradley) (Entered: 12/10/2019)
2019-12-11	60	NOTICE by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF STATE re 59 MOTION for Extension of Time to file opposition (Nunc Pro Tunc) to Defendants' Motion for Summary Judgment (Field, Brian) (Entered: 12/11/2019)
2019-12-12	61	ORDER granting 59 Nunc Pro Tunc Motion for Extension of Time to File Opposition to Defendants' Motion for Summary Judgment. Plaintiffs shall file their opposition no later than December 16, 2019. Defendants' reply deadline is extended to January 21, 2020. Signed by Judge Royce C. Lamberth on 12/12/2019. (lcrcl2) (Entered: 12/12/2019)
2019-12-12	62	NOTICE of Concession by JAMES MADISON PROJECT, LOIS MOORE, ROBERT MOORE, CHRISTIANNE OMALLEY, JANA OREAR, MARK SAUTER (Moss, Bradley) (Entered: 12/12/2019)
2019-12-13		Set/Reset Deadlines: Response to Motion for Summary Judgment due by 12/16/2019. Reply to Motion for Summary Judgment due by 1/21/2020. (lsj) (Entered: 12/13/2019)
2020-04-30	63	ORDER granting 56 Motion for Summary Judgment. This case shall be DISMISSED WITH PREJUDICE. Signed by Judge Royce C. Lamberth on 04/30/2020. (lcrcl2) (Entered: 04/30/2020)
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