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Case TitleCATO INSTITUTE v. NATIONAL ARCHIVES AND RECORDS ADMINISTRATION
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2022cv02064
Date Filed2022-07-13
Date Closed2022-12-19
JudgeJudge Trevor N. McFadden
PlaintiffCATO INSTITUTE
Case DescriptionThe Cato Institute submitted a FOIA request to the National Archives and Records Administration for records concerning the Department of Defense 's Counterintelligence Field Activity and/or the Threat and Local Observation Notice report program. The agency acknowledged receipt of the request and told the Cato Institute that because its request required the review of voluminous classified records it would take 12 years to process. After hearing nothing further from the agency, the Cato Institute filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantNATIONAL ARCHIVES AND RECORDS ADMINISTRATION
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2022-07-131COMPLAINT against NATIONAL ARCHIVES AND RECORDS ADMINISTRATION ( Filing fee $ 402 receipt number ADCDC-9368379) filed by CATO INSTITUTE. (Attachments: # 1 Exhibit Ex. 1-6, # 2 Civil Cover Sheet, # 3 Summons)(Topic, Matthew) (Entered: 07/13/2022)
2022-07-132NOTICE of Appearance by Matthew Topic on behalf of CATO INSTITUTE (Topic, Matthew) (Entered: 07/13/2022)
2022-07-133NOTICE of Appearance by Joshua Loevy on behalf of CATO INSTITUTE (Loevy, Joshua) (Entered: 07/13/2022)
2022-07-15Case Assigned to Judge Trevor N. McFadden. (znmg) (Entered: 07/15/2022)
2022-07-154STANDING 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. Signed by Judge Trevor N. McFadden on 7/15/22. (lctnm2) (Entered: 07/15/2022)
2022-07-185SUMMONS (3) Issued Electronically as to NATIONAL ARCHIVES AND RECORDS ADMINISTRATION, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(zmrl) (Entered: 07/18/2022)
2022-09-12MINUTE ORDER. Plaintiff filed the Complaint in this action on July 13, 2022. As of the date of this Order, the public docket reflects that Plaintiff has yet to file proof of service of the Defendant. The Court directs Plaintiff's attention to Federal Rule of Civil Procedure 4(m) and Local Civil Rule 5.3. It is hereby ORDERED that, by no later than October 11, 2022, Plaintiff must either cause process to be served upon the Defendant and file proof of service with the Court or establish good cause for the failure to do so. Failure to make such filings will result in dismissal of this case. SO ORDERED. Signed by Judge Trevor N. McFadden on 9/12/22. (lctnm2) (Entered: 09/12/2022)
2022-09-12Set/Reset Deadlines: Proof of service due by 10/11/2022. (hmc) (Entered: 09/12/2022)
2022-09-126NOTICE of Appearance by Sian Jones on behalf of All Defendants (Jones, Sian) (Entered: 09/12/2022)
2022-09-137Consent MOTION for Extension of Time to Respond to Complaint by NATIONAL ARCHIVES AND RECORDS ADMINISTRATION. (Attachments: # 1 Text of Proposed Order)(Jones, Sian) (Entered: 09/13/2022)
2022-09-13MINUTE ORDER granting 7 Consent Motion for Extension of Time. Defendant shall respond to the 1 Complaint by October 19, 2022. SO ORDERED. Signed by Judge Trevor N. McFadden on 9/13/22. (lctnm2) (Entered: 09/13/2022)
2022-09-13Set/Reset Deadlines: Answer due by 10/19/2022. (hmc) (Entered: 09/13/2022)
2022-09-158RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 8/19/2022. Answer due for ALL FEDERAL DEFENDANTS by 9/18/2022. (Topic, Matthew) (Entered: 09/15/2022)
2022-09-219RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. NATIONAL ARCHIVES AND RECORDS ADMINISTRATION served on 8/1/2022 (Topic, Matthew) (Entered: 09/21/2022)
2022-09-2110RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 08/03/2022. (Topic, Matthew) (Entered: 09/21/2022)
2022-09-2111RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 8/19/2022. Answer due for ALL FEDERAL DEFENDANTS by 9/18/2022. (Topic, Matthew) (Entered: 09/21/2022)
2022-10-1912ANSWER to Complaint by NATIONAL ARCHIVES AND RECORDS ADMINISTRATION.(Jones, Sian) (Entered: 10/19/2022)
2022-10-19MINUTE ORDER. Before the Court are a Complaint and an Answer in this FOIA case. It is hereby ORDERED that the parties shall meet and confer and file a Joint Status Report proposing a schedule for proceeding in this matter. The schedule should address, among other things, the status of Plaintiff's FOIA request, the anticipated number of documents responsive to Plaintiff's FOIA request, the anticipated date(s) for release of the documents requested by Plaintiff, whether a motion for an Open America stay is likely in this case, whether a Vaughn index will be required in this case, and a briefing schedule for dispositive motions, if required. The parties shall file the schedule on or before December 19, 2022. SO ORDERED. Signed by Judge Trevor N. McFadden on 10/19/2022. (lctnm2) (Entered: 10/19/2022)
2022-10-20Set/Reset Deadlines: Joint Status Report due by 12/19/2022. (hmc) (Entered: 10/20/2022)
2022-12-1913STIPULATION of Dismissal by CATO INSTITUTE. (Loevy, Joshua) (Entered: 12/19/2022)
2022-12-19MINUTE ORDER: Upon consideration of the 13 Joint Stipulation of Dismissal with Prejudice, this case is hereby DISMISSED with prejudice. See Fed. R. Civ. P. 41(a)(1)(A)(ii). The Clerk of Court shall close this case. SO ORDERED. Signed by Judge Trevor N. McFadden on 12/19/2022. (lctnm2) (Entered: 12/19/2022)
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