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Case TitleKENTUCKY INNOCENCE PROJECT v. FEDERAL BUREAU OF INVESTIGATION et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2023cv01786
Date Filed2023-06-20
Date ClosedOpen
JudgeJudge Carl J. Nichols
PlaintiffKENTUCKY INNOCENCE PROJECT
Case DescriptionThe Kentucky Innocence Project, a litigation organization that defends individuals through the use of DNA evidence, submitted a FOIA request to the FBI for records concerning the investigation of the murder of Jessica Currin on August 1, 2000 in Mayfield, Kentucky. The agency acknowledged receipt of the request but after hearing nothing further from the agency, the Kentucky Innocence Project filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Attorney's fees

DefendantFEDERAL BUREAU OF INVESTIGATION
DefendantU.S. DEPARTMENT OF JUSTICE
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2023-06-201COMPLAINT against FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE ( Filing fee $ 402 receipt number ADCDC-10152637) filed by KENTUCKY INNOCENCE PROJECT. (Attachments: # 1 Exhibit 1-3, # 2 Civil Cover Sheet, # 3 Summons)(Topic, Matthew) (Entered: 06/20/2023)
2023-06-202NOTICE of Appearance by Matthew Topic on behalf of KENTUCKY INNOCENCE PROJECT (Topic, Matthew) (Entered: 06/20/2023)
2023-06-21Case Assigned to Judge Carl J. Nichols. (zljn) (Entered: 06/21/2023)
2023-06-213SUMMONS (4) Issued Electronically as to All Defendants, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(zljn) (Entered: 06/21/2023)
2023-06-284STANDING ORDER. Signed by Judge Carl J. Nichols on June 28, 2023. (lccjn2) (Entered: 06/28/2023)
2023-07-205NOTICE of Appearance by Stephen DeGenaro on behalf of FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE (DeGenaro, Stephen) (Entered: 07/20/2023)
2023-07-206Consent MOTION for Extension of Time to Respond to the Complaint by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order)(DeGenaro, Stephen) (Entered: 07/20/2023)
2023-07-24MINUTE ORDER. Upon review of the Defendants' 6 Consent Motion for Extension of Time, it is ORDERED that the Motion is GRANTED. Defendants shall answer or otherwise respond to the complaint on or before August 21, 2023. Signed by Judge Carl J. Nichols on July 24, 2023. (lccjn2) (Entered: 07/24/2023)
2023-08-217ANSWER to Complaint by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE.(DeGenaro, Stephen) (Entered: 08/21/2023)
2023-09-11MINUTE ORDER. Before the Court in this Freedom of Information Act case are a Complaint and an Answer. Pursuant to Local Civil Rule 16.3, the requirements of Federal Rule of Civil Procedure 26(f) are inapplicable. It is hereby ORDERED that the Parties shall confer and file a Joint Status Report on or before September 22, 2023. The Joint Status Report shall address: (1) the status of Plaintiff's FOIA request; (2) the anticipated number of documents responsive to Plaintiff's FOIA request; (3) the anticipated dates 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); (5) the possibility of prioritizing documents responsive to Plaintiff's request and any discussions regarding whether Plaintiff's request can be narrowed; and (6) whether the Parties anticipate summary judgment briefing and, if so, a proposed briefing schedule. Signed by Judge Carl J. Nichols on September 11, 2023. (lccjn2) (Entered: 09/11/2023)
2023-09-11Set/Reset Deadlines: Joint Status Report due by 9/22/2023. (zcam) (Entered: 09/12/2023)
2023-09-228Joint STATUS REPORT by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE. (DeGenaro, Stephen) (Entered: 09/22/2023)
2023-10-209Joint STATUS REPORT by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order)(DeGenaro, Stephen) (Entered: 10/20/2023)
2023-11-22MINUTE ORDER. Upon review of the 9 Joint Status Report, the Court enters the following schedule for Plaintiffs anticipated motion for attorneys fees. It is ORDERED that Plaintiffs motion shall be filed on or before November 30, 2023; Defendants opposition shall be filed on or before December 29, 2023; and Plaintiffs reply shall be filed on or before January 29, 2024. So ORDERED by Judge Carl J. Nichols on November 22, 2023. (lccjn2) (Entered: 11/22/2023)
2023-11-22Set/Reset Deadlines: Motions due by 11/27/2023. Responses due by 12/29/2023 Replies due by 1/29/2024. (zcam) (Entered: 11/27/2023)
2023-11-3010NOTICE of Appearance by Stephen Stich Match on behalf of KENTUCKY INNOCENCE PROJECT (Match, Stephen) (Entered: 11/30/2023)
2023-11-3011MOTION for Attorney Fees by KENTUCKY INNOCENCE PROJECT. (Attachments: # 1 Exhibit Index of Exhibits, # 2 Declaration Hellman Decl, # 3 Declaration Topic Decl, # 4 Text of Proposed Order)(Match, Stephen) (Entered: 11/30/2023)
2023-12-2112Consent MOTION to Modify Briefing Schedule by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order)(DeGenaro, Stephen) (Entered: 12/21/2023)
2024-01-15MINUTE ORDER. Upon review of the 12 Consent Motion to Modify the Briefing Schedule is GRANTED. It is further ORDERED that Defendant shall file its opposition to the motion for attorneys fees on or before January 29, 2024 and Plaintiff shall file its reply on or before March 22, 2024. (lccjn2) (Entered: 01/15/2024)
2024-01-2913Memorandum in opposition to re 11 Motion for Attorney Fees filed by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Ex. A - Seidel Declaration, # 2 Text of Proposed Order)(DeGenaro, Stephen) (Entered: 01/29/2024)
2024-03-2214REPLY to opposition to motion re 11 MOTION for Attorney Fees filed by KENTUCKY INNOCENCE PROJECT. (Attachments: # 1 Declaration Second Topic Decl, # 2 Declaration Second Hellman Decl)(Match, Stephen) (Entered: 03/22/2024)
2024-07-2915NOTICE OF SUPPLEMENTAL AUTHORITY by KENTUCKY INNOCENCE PROJECT (Match, Stephen) (Entered: 07/29/2024)
2024-08-0116RESPONSE re 15 NOTICE OF SUPPLEMENTAL AUTHORITY filed by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE. (DeGenaro, Stephen) (Entered: 08/01/2024)
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