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Case TitleEVANS v. CENTRAL INTELLIGENCE AGENCY
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2023cv01888
Date Filed2023-06-29
Date ClosedOpen
JudgeJudge Loren L. AliKhan
PlaintiffBILLY WAYNE EVANS, JR.
Case DescriptionBilly Wayne Evans submitted a FOIA request to the CIA for records concerning himself. The agency acknowledged receipt of the request. The agency denied the request. Evans filed an administrative appeal of the denial. After hearing nothing further from the agency, Evans filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Attorney's fees

DefendantCENTRAL INTELLIGENCE AGENCY
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
Complaint attachment 7
Complaint attachment 8
Complaint attachment 9
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2023-06-291COMPLAINT against CENTRAL INTELLIGENCE AGENCY ( Filing fee $ 402 receipt number ADCDC-10173066) filed by BILLY WAYNE EVANS, JR. (Attachments: # 1 Civil Cover Sheet, # 2 Summons to CIA, # 3 Summons to USAG, # 4 Summons to USAO-DC, # 5 Exhibit 1, # 6 Exhibit 2, # 7 Exhibit 3, # 8 Exhibit 4, # 9 Exhibit 5)(Sorenson, C.) (Entered: 06/29/2023)
2023-06-29Case Assigned to Judge Randolph D. Moss. (zsl) (Entered: 06/29/2023)
2023-06-302SUMMONS (3) Issued Electronically as to CENTRAL INTELLIGENCE AGENCY, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(mg) (Entered: 06/30/2023)
2023-06-303STANDING ORDER: The parties are hereby ORDERED to comply with the directives set forth in the attached Standing Order. See document for details. Signed by Judge Randolph D. Moss on 6/30/2023. (lcrdm3) (Entered: 06/30/2023)
2023-08-084NOTICE of Appearance by Dedra Seibel Curteman on behalf of All Defendants (Curteman, Dedra) (Entered: 08/08/2023)
2023-08-085Consent MOTION for Extension of Time to File Answer re 1 Complaint, by CENTRAL INTELLIGENCE AGENCY. (Attachments: # 1 Text of Proposed Order)(Curteman, Dedra) (Entered: 08/08/2023)
2023-08-08MINUTE ORDER: Upon consideration of Defendant's consent motion for an extension of time, Dkt. 5 , it is hereby ORDERED that the motion is GRANTED. It is further ORDERED that Defendant shall respond to the Complaint in this action on or before September 13, 2023. Signed by Judge Randolph D. Moss on 08/08/2023. (lcrdm3) (Entered: 08/08/2023)
2023-08-146RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. CENTRAL INTELLIGENCE AGENCY served on 7/13/2023, RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 7/13/2023., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 7/13/2023. ( Answer due for ALL FEDERAL DEFENDANTS by 8/12/2023.) (Sorenson, C.) (Entered: 08/14/2023)
2023-09-137ANSWER to Complaint by CENTRAL INTELLIGENCE AGENCY.(Curteman, Dedra) (Entered: 09/13/2023)
2023-09-15MINUTE ORDER: It is ORDERED that, on or before September 28, 2023, the parties shall confer and file a joint status report addressing (1) any documents still to be produced pursuant to FOIA; (2) an anticipated schedule for processing and producing any such documents; and (3) any substantive areas of disagreement between the parties. It is FURTHER ORDERED that the parties shall appear for an Initial Scheduling Conference on October 5, 2023, at 10:00 a.m, before Judge Randolph D. Moss. Signed by Judge Randolph D. Moss on 09/15/2023. (lcrdm3) (Entered: 09/15/2023)
2023-09-208Joint STATUS REPORT by CENTRAL INTELLIGENCE AGENCY. (Attachments: # 1 Text of Proposed Order)(Curteman, Dedra) (Entered: 09/20/2023)
2023-09-209Consent MOTION for Leave to Appear by Telephone by BILLY WAYNE EVANS, JR. (Attachments: # 1 7(m) Certification, # 2 Declaration Evans, # 3 Declaration Sorenson, # 4 Text of Proposed Order)(Sorenson, C.) Modified on 9/22/2023 to correct relief/ docket text (zjm). (Entered: 09/20/2023)
2023-09-20MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 8 , the parties are directed to review the Court's requirement, described in subsection 10(a)(i) of the Court's standing order, Dkt. 3 at 4, that they seek a premotion conference and file premotion statements before proceeding to summary judgement. If the parties wish to use the Initial Scheduling Conference currently scheduled for October 5, 2023, as a premotion conference, they will need to file statements sufficiently in advance, as required under the Court's standing order. It is further ORDERED that, upon consideration of Plaintiff's consent motion to appear via telephone, Dkt. 9 , the motion is GRANTED. Counsel for Plaintiff may appear by Zoom at the Initial Scheduling Conference scheduled for October 5, 2023, at 10:00 a.m. Signed by Judge Randolph D. Moss on 09/20/2023. (lcrdm3) (Entered: 09/20/2023)
2023-10-05Minute Entry for proceedings held before Judge Randolph D. Moss: Defendant to produce search declaration and pre-motion statement on or before 12/15/2023. Plaintiff to file a response to defendant's pre-motion statement or a Joint Status Report on or before 2/14/2024 Pre-motion Conference set for 3/1/2024 at 10:00 AM in Courtroom 8 before Judge Randolph D. Moss. (Court Reporter Tammi Sefranek) (zglw) (Entered: 10/06/2023)
2023-12-1410NOTICE by CENTRAL INTELLIGENCE AGENCY (Attachments: # 1 Declaration)(Curteman, Dedra) (Entered: 12/14/2023)
2023-12-15Case directly reassigned to Judge Loren L. AliKhan. Judge Randolph D. Moss is no longer assigned to the case. (rj) (Entered: 12/15/2023)
2024-02-0211TRANSCRIPT OF STATUS HEARING before Judge Randolph D. Moss held on 10/5/23; Page Numbers: 1-10. Date of Issuance:2/2/24. Court Reporter/Transcriber Tamara Sefranek, Telephone number 202-354-3246, Transcripts may be ordered by submitting the Transcript Order Form For the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter. NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 2/23/2024. Redacted Transcript Deadline set for 3/4/2024. Release of Transcript Restriction set for 5/2/2024.(Sefranek, Tamara) (Entered: 02/02/2024)
2024-02-1412RESPONSE re 10 Notice by BILLY WAYNE EVANS, JR (Sorenson, C.); Modified text and added docket entry relationship on 2/15/2024 (ztth). (Entered: 02/14/2024)
2024-02-15NOTICE of Hearing: Pre-motion Conference (hybrid proceedings) set for 3/5/2024 at 10:00 AM in Courtroom 19 before Judge Loren L. AliKhan. (zcdw) Modified on 2/15/2024 to correct hearing date (zcdw). (Entered: 02/15/2024)
2024-03-0313Consent MOTION to Continue Pre-Motion Conference by CENTRAL INTELLIGENCE AGENCY. (Attachments: # 1 Text of Proposed Order)(Curteman, Dedra) (Entered: 03/03/2024)
2024-03-04MINUTE ORDER: Upon consideration of Defendant's Consent Motion to Continue Pre-Motion Hearing 13 , it is ORDERED that the motion is GRANTED and the parties shall appear for hybrid proceedings before the court on March 12, 2024 at 3:00 PM in Courtroom 19. Signed by Judge Loren L. AliKhan on 03/04/2024. (lclla3) (Entered: 03/04/2024)
2024-03-06Set/Reset Deadlines/Hearings: Pre-motion Conference (hybrid proceedings) set for 3/12/2024 at 3:00 PM in Courtroom 19 before Judge Loren L. AliKhan. (zcdw) (Entered: 03/06/2024)
2024-03-12Minute Entry for hybrid proceedings held before Judge Loren L. AliKhan: Pre-motion Conference held on 3/12/2024. Parties directed to submit a proposed briefing schedule by 3/29/2024. (Court Reporter: Jeff Hook) (zcdw) (Entered: 03/12/2024)
2024-03-2714Joint STATUS REPORT by BILLY WAYNE EVANS, JR. (Attachments: # 1 Text of Proposed Order)(Sorenson, C.) (Entered: 03/27/2024)
2024-03-28MINUTE ORDER: Upon consideration of the parties' joint status report 14 , it is hereby ORDERED that the following schedule shall govern summary judgment briefing in this case: (1) Defendant shall file a motion for summary judgment on or before May 22, 2024; (2) Plaintiff shall file an opposition and cross-motion for summary judgment, if any, on or before June 21, 2024; (3) Defendant shall file a reply and opposition, if any, on or before July 22, 2024; (4) Plaintiff shall file a reply, if any, on or before August 22, 2024. Signed by Judge Loren L. AliKhan on 03/28/2024. (lclla3) (Entered: 03/28/2024)
2024-05-0615TRANSCRIPT OF PRE-MOTION CONFERENCE before Judge Loren L. AliKhan held on March 12, 2024. Page Numbers: 1 - 8. Date of Issuance: May 6, 2024. Court Reporter: Jeff Hook. Telephone number: 202-354-3373. Transcripts may be ordered by submitting the Transcript Order Form For the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter. NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 5/27/2024. Redacted Transcript Deadline set for 6/6/2024. Release of Transcript Restriction set for 8/4/2024.(Hook, Jeff) (Entered: 05/06/2024)
2024-05-2016Consent MOTION to Modify Scheduling Order by CENTRAL INTELLIGENCE AGENCY. (Attachments: # 1 Text of Proposed Order)(Curteman, Dedra) (Entered: 05/20/2024)
2024-05-22MINUTE ORDER: Upon consideration of Defendant's consent motion 16 to amend the scheduling order, it is ORDERED that the motion is GRANTED and the following schedule shall govern summary judgment briefing in this case: (1) Defendant shall file a motion for summary judgment on or before July 12, 2024; (2) Plaintiff shall file an opposition and cross-motion for summary judgment, if any, on or before August 12, 2024; (3) Defendant shall file a reply and opposition, if any, on or before September 12, 2024; (4) Plaintiff shall file a reply, if any, on or before October 15, 2024. Signed by Judge Loren L. AliKhan on 05/22/2024. (lclla3) (Entered: 05/22/2024)
2024-05-28Set/Reset Deadlines/Hearings: Defendant's Summary Judgment motion due by 7/12/2024. Response to Motion for Summary Judgment due by 8/12/2024. Reply to Motion for Summary Judgment due by 9/12/2024. Plaintiff's Cross Motion due by 8/12/2024. Response to Cross Motion due by 9/12/2024. Reply to Cross Motion due by 10/15/2024. (zcdw) (Entered: 05/28/2024)
2024-05-2917STRICKEN PURSUANT TO COURT'S ORDER OF 5/30/2024........Supplemental ANSWER to Complaint by CENTRAL INTELLIGENCE AGENCY.(Curteman, Dedra) Modified docket text on 5/29/2024 (znmw). Modified on 6/4/2024 (zcdw). (Entered: 05/29/2024)
2024-05-30MINUTE ORDER: The time for Defendant to amend its pleading as a matter of course under Federal Rule of Civil Procedure 15(a)(1) has passed. Accordingly, Plaintiff's consent or leave of court is required to amend. Fed. R. Civ. P. 15(a)(2). Defendant's Supplemental Answer to Complaint 17 does not indicate Plaintiff's consent and this court has not granted Defendant leave to file an amended pleading. It is thus ORDERED that Defendant's filing 17 is stricken. Should Defendant seek to amend its pleading, it may do so in accordance with Rule 15. Signed by Judge Loren L. AliKhan on 05/30/2024. (lclla3) (Entered: 05/30/2024)
2024-05-3018ANSWER to Complaint by CENTRAL INTELLIGENCE AGENCY.(Curteman, Dedra) (Entered: 05/30/2024)
2024-07-1219MOTION for Summary Judgment by CENTRAL INTELLIGENCE AGENCY. (Attachments: # 1 Declaration Williams, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Statement of Facts, # 8 Text of Proposed Order)(Curteman, Dedra) (Entered: 07/12/2024)
2024-08-1220Memorandum in opposition to re 19 Motion for Summary Judgment, filed by BILLY WAYNE EVANS, JR. (Attachments: # 1 Text of Proposed Order, # 2 Declaration 2d Evans, # 3 Statement of Facts, # 4 Memorandum in Support)(Sorenson, C.) (Entered: 08/12/2024)
2024-08-1221Cross MOTION for Summary Judgment by BILLY WAYNE EVANS, JR. (Attachments: # 1 Text of Proposed Order, # 2 Declaration 2d Evans, # 3 Statement of Facts, # 4 Memorandum in Support)(Sorenson, C.) (Entered: 08/12/2024)
2024-09-1022Consent MOTION for Extension of Time to File Opposition and Replies by CENTRAL INTELLIGENCE AGENCY. (Attachments: # 1 Text of Proposed Order)(Curteman, Dedra) (Entered: 09/10/2024)
2024-09-1023ERRATA by CENTRAL INTELLIGENCE AGENCY re 22 Motion for Extension of Time to. (Attachments: # 1 Text of Proposed Order)(Curteman, Dedra) (Entered: 09/10/2024)
2024-09-10MINUTE ORDER: Upon consideration of Defendant's Consent Motion for Extension of Time to File Opposition and Reply 22 and Errata 23 , it is hereby ORDERED that the motion is GRANTED. Defendant shall file its reply in support of its Motion for Summary Judgment 19 and opposition to Plaintiff's Cross Motion for Summary Judgment 21 on or before September 27, 2024, and Plaintiff shall file his reply in support of his Cross Motion for Summary Judgment on or before November 8, 2024. Signed by Judge Loren L. AliKhan on 9/10/2024. (lclla3) (Entered: 09/10/2024)
2024-09-13Set/Reset Deadlines/Hearings: Reply to 19 Motion for Summary Judgment due by 9/27/2024. Response to 21 Cross Motion due by 9/27/2024. Reply to Cross Motion due by 11/8/2024. (zcdw) (Entered: 09/13/2024)
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