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Case TitleDEFENDING RIGHTS & DISSENT v. NATIONAL GEOSPATIAL-INTELLIGENCE AGENCY et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2022cv01194
Date Filed2022-04-29
Date ClosedOpen
JudgeJudge Amit P. Mehta
PlaintiffDEFENDING RIGHTS & DISSENT
Case DescriptionDefending Rights & Dissent submitted FOIA requests to the National Geospatial Intelligence Agency, the FBI, the Department of Justice, and the National Security Agency for records concerning investigations resulting from The Intercept publishing information about U.S. terror watch list in July and August 2014. The agencies acknowledged receipt of the requests. The FBI denied the request because it did not adequately describe searchable records. The NSA denied the request under Exemption 1 (national security). The NGA and the DOJ both told DRD that it was searching for records. After hearing nothing further from the agencies, DRD filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Attorney's fees

DefendantNATIONAL GEOSPATIAL-INTELLIGENCE AGENCY
DefendantU.S. DEPARTMENT OF DEFENSE
DefendantFEDERAL BUREAU OF INVESTIGATION
935 Pennsylvania Avenue NW
Washington, DC 20535
DefendantFEDERAL BUREAU OF INVESTIGATION
DefendantU.S. DEPARTMENT OF JUSTICE
DefendantNATIONAL SECURITY AGENCY
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2022-04-291COMPLAINT against FEDERAL BUREAU OF INVESTIGATION, NATIONAL GEOSPATIAL-INTELLIGENCE AGENCY, NATIONAL SECURITY AGENCY, U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF JUSTICE ( Filing fee $ 402 receipt number ADCDC-9204893) filed by DEFENDING RIGHTS & DISSENT. (Attachments: # 1 Exhibit Ex 1-8, # 2 Exhibit Ex 9-17, # 3 Civil Cover Sheet, # 4 Summons)(Topic, Matthew) (Entered: 04/29/2022)
2022-04-292NOTICE of Appearance by Matthew Topic on behalf of DEFENDING RIGHTS & DISSENT (Topic, Matthew) (Entered: 04/29/2022)
2022-04-293NOTICE of Appearance by Joshua Loevy on behalf of DEFENDING RIGHTS & DISSENT (Loevy, Joshua) (Entered: 04/29/2022)
2022-05-02Case Assigned to Judge Amit P. Mehta. (zjm) (Entered: 05/02/2022)
2022-05-024SUMMONS (7) Issued Electronically as to FEDERAL BUREAU OF INVESTIGATION, NATIONAL GEOSPATIAL-INTELLIGENCE AGENCY, NATIONAL SECURITY AGENCY, U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF JUSTICE, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(zjm). (Entered: 05/02/2022)
2022-06-035NOTICE of Appearance by Sean Michael Tepe on behalf of All Defendants (Tepe, Sean) (Entered: 06/03/2022)
2022-06-076Consent MOTION for Extension of Time to File Answer or Otherwise Respond by FEDERAL BUREAU OF INVESTIGATION, NATIONAL GEOSPATIAL-INTELLIGENCE AGENCY, NATIONAL SECURITY AGENCY, U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF JUSTICE. (Tepe, Sean) (Entered: 06/07/2022)
2022-06-09MINUTE ORDER granting Defendants' 6 Consent Motion for Extension of Time to Answer or Otherwise Respond to Complaint. The Government shall answer or otherwise respond to the 1 Complaint by July 13, 2022. Signed by Judge Amit P. Mehta on 06/09/2022. (lcapm3) (Entered: 06/09/2022)
2022-07-137ANSWER to Complaint by FEDERAL BUREAU OF INVESTIGATION, NATIONAL GEOSPATIAL-INTELLIGENCE AGENCY, NATIONAL SECURITY AGENCY, U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF JUSTICE.(Tepe, Sean) (Entered: 07/13/2022)
2022-07-148ORDER. Both a Complaint and an Answer are now before the court in this FOIA case. It is hereby ordered that the parties shall meet and confer and file a Joint Status Report on or before July 27, 2022. The Joint Status Report shall include (1) the status of Plaintiff's FOIA request; (2) the anticipated number of documents responsive to Plaintiff's FOIA request; (3) the anticipated date(s) for release of the documents requested by Plaintiff; (4) whether a motion for stay is likely under Open America v. Watergate Special Prosecution Force , 547 F.2d 605 (D.C. Cir. 1976); and (5) whether the parties anticipate summary judgment briefing and, if so, a proposed briefing schedule. Please see attached Order for further details. Signed by Judge Amit P. Mehta on 07/14/2022. (lcapm3) (Entered: 07/14/2022)
2022-07-279Joint STATUS REPORT by FEDERAL BUREAU OF INVESTIGATION, NATIONAL GEOSPATIAL-INTELLIGENCE AGENCY, NATIONAL SECURITY AGENCY, U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF JUSTICE. (Tepe, Sean) (Entered: 07/27/2022)
2022-07-28MINUTE ORDER. The parties shall submit an additional Joint Status Report by August 26, 2022, which updates the court on the processing and production of responsive records. Signed by Judge Amit P. Mehta on 07/28/2022. (lcapm2) (Entered: 07/28/2022)
2022-08-2610Joint STATUS REPORT by FEDERAL BUREAU OF INVESTIGATION, NATIONAL GEOSPATIAL-INTELLIGENCE AGENCY, NATIONAL SECURITY AGENCY, U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF JUSTICE. (Tepe, Sean) (Entered: 08/26/2022)
2022-08-26MINUTE ORDER. The parties shall submit an additional Joint Status Report by October 25, 2022, which updates the court on the processing and production of responsive records. Signed by Judge Amit P. Mehta on 08/26/2022. (lcapm3) (Entered: 08/26/2022)
2022-10-2511Joint STATUS REPORT by FEDERAL BUREAU OF INVESTIGATION, NATIONAL GEOSPATIAL-INTELLIGENCE AGENCY, NATIONAL SECURITY AGENCY, U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF JUSTICE. (Tepe, Sean) (Entered: 10/25/2022)
2022-10-25MINUTE ORDER. The parties shall submit an additional Joint Status Report by December 20, 2022, which updates the court on the processing and production of responsive records. Signed by Judge Amit P. Mehta on 10/25/2022. (lcapm3) (Entered: 10/25/2022)
2022-12-2012Joint STATUS REPORT by FEDERAL BUREAU OF INVESTIGATION, NATIONAL GEOSPATIAL-INTELLIGENCE AGENCY, NATIONAL SECURITY AGENCY, U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF JUSTICE. (Tepe, Sean) (Entered: 12/20/2022)
2022-12-21MINUTE ORDER. Based on the parties' 12 Joint Status Report, the court is uncertain whether additional materials remain to be produced in response to Plaintiff's FOIA request. The Joint Status Report indicates that the identified agencies have issued a final response, a Glomar response, or a no-records response. None of the agencies have indicated they intend to produce more records. The parties shall file a Joint Status Report by January 4, 2023, which advises whether Defendants expect to produce additional records and, if not, whether there remain disputes that require summary judgment briefing. If the parties have not resolved all disputes, they shall propose a schedule for further proceedings. Signed by Judge Amit P. Mehta on 12/21/2022. (lcapm3) (Entered: 12/21/2022)
2023-01-0413Joint STATUS REPORT by FEDERAL BUREAU OF INVESTIGATION, NATIONAL GEOSPATIAL-INTELLIGENCE AGENCY, NATIONAL SECURITY AGENCY, U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF JUSTICE. (Tepe, Sean) (Entered: 01/04/2023)
2023-01-07MINUTE ORDER. The parties shall file an additional Joint Status Report by February 17, 2023, which proposes a schedule for further proceedings, if required. Signed by Judge Amit P. Mehta on 01/07/2023. (Entered: 01/07/2023)
2023-02-1714Joint STATUS REPORT by FEDERAL BUREAU OF INVESTIGATION, NATIONAL GEOSPATIAL-INTELLIGENCE AGENCY, NATIONAL SECURITY AGENCY, U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF JUSTICE. (Tepe, Sean) (Entered: 02/17/2023)
2023-02-20MINUTE ORDER. The following deadlines shall apply in this case: Defendants' Summary Judgment Motion shall be due on or before May 5, 2023. Plaintiff's Summary Judgment Opposition and potential cross-motion shall be due on or before June 5, 2023. Defendants' Summary Judgment Reply and cross-opposition shall be due on or before July 7, 2023. Plaintiff's cross-reply shall be due on or before July 28, 2023. Signed by Judge Amit P. Mehta on 02/20/2023. (lcapm3) (Entered: 02/20/2023)
2023-04-2615Consent MOTION for Briefing Schedule Motion to Revise Summary Judgment Briefing Schedule by FEDERAL BUREAU OF INVESTIGATION, NATIONAL GEOSPATIAL-INTELLIGENCE AGENCY, NATIONAL SECURITY AGENCY, U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF JUSTICE. (Tepe, Sean) (Entered: 04/26/2023)
2023-04-2716ORDER granting 15 Consent Motion to Revise Summary Judgment Briefing Schedule. The following deadlines shall now apply: Defendants' Summary Judgment Motion is due by July 5, 2023; Plaintiff's Summary Judgment Opposition and potential cross-motion is due by August 4, 2023; Defendants' Summary Judgment Reply and cross-opposition is due by September 5, 2023; Plaintiff's cross-reply is due by September 25, 2023. Please see attached Order. Signed by Judge Amit P. Mehta on 04/26/2023. (lcapm3) (Entered: 04/27/2023)
2023-06-2217NOTICE of Appearance by Daniel Alan Schiffer on behalf of All Defendants (Schiffer, Daniel) (Entered: 06/22/2023)
2023-06-2818Consent MOTION for Extension of Time to Brief Summary Judgment by FEDERAL BUREAU OF INVESTIGATION, NATIONAL GEOSPATIAL-INTELLIGENCE AGENCY, NATIONAL SECURITY AGENCY, U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF JUSTICE. (Schiffer, Daniel) (Entered: 06/28/2023)
2023-07-05MINUTE ORDER granting 18 Consent Motion to Revise Summary Judgment Briefing Schedule. Defendants' Summary Judgment Motion shall be due on or before July 26, 2023. Plaintiff's Summary Judgment Opposition and Cross-Motion shall be due on or before September 8, 2023. Defendants' Summary Judgment Reply and Cross-Opposition shall be due on or before October 10, 2023. Plaintiff's Cross-Reply shall be due on or before October 30, 2023. Signed by Judge Amit P. Mehta on 07/05/2023. (lcapm3) (Entered: 07/05/2023)
2023-07-2619MOTION for Summary Judgment by FEDERAL BUREAU OF INVESTIGATION, NATIONAL GEOSPATIAL-INTELLIGENCE AGENCY, NATIONAL SECURITY AGENCY, U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Statement of Facts, # 2 Declaration of Alvin L. Watson, # 3 Declaration of Michael G. Seidel, # 4 Declaration of Linda M. Kiyosaki, # 5 Declaration of Kevin G. Tiernan)(Schiffer, Daniel) (Entered: 07/26/2023)
2023-08-0120NOTICE OF WITHDRAWAL OF APPEARANCE as to FEDERAL BUREAU OF INVESTIGATION, NATIONAL GEOSPATIAL-INTELLIGENCE AGENCY, NATIONAL SECURITY AGENCY, U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF JUSTICE. Attorney Daniel Alan Schiffer terminated. (Schiffer, Daniel) (Entered: 08/01/2023)
2023-09-0121NOTICE of Appearance by Stephen Stich Match on behalf of DEFENDING RIGHTS & DISSENT (Match, Stephen) (Entered: 09/01/2023)
2023-09-0122Consent MOTION to Revise Summary Judgment Motion Briefing Schedule by DEFENDING RIGHTS & DISSENT. (Match, Stephen) (Entered: 09/01/2023)
2023-09-05MINUTE ORDER granting 22 Consent Motion to Revise Summary Judgment Briefing Schedule. The summary judgment briefing schedule shall be revised as follows: (1) Plaintiff's Opposition and Cross-Motion for Summary Judgment shall be filed by November 7, 2023; (2) Defendants' Reply and Cross-Opposition shall be filed by December 11, 2023; and (3) Plaintiff's Cross-Reply shall be filed by January 3, 2024. Signed by Judge Amit P. Mehta on 9/5/2023. (lcapm3) (Entered: 09/05/2023)
2023-10-2423NOTICE OF SUBSTITUTION OF COUNSEL by Kaitlin Kerry Eckrote on behalf of FEDERAL BUREAU OF INVESTIGATION, NATIONAL GEOSPATIAL-INTELLIGENCE AGENCY, NATIONAL SECURITY AGENCY, U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF JUSTICE Substituting for attorney Sean M. Tepe (Eckrote, Kaitlin) (Entered: 10/24/2023)
2023-11-0224STIPULATION of Dismissal by FEDERAL BUREAU OF INVESTIGATION, NATIONAL GEOSPATIAL-INTELLIGENCE AGENCY, NATIONAL SECURITY AGENCY, U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF JUSTICE. (Eckrote, Kaitlin) (Entered: 11/02/2023)
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