Skip to content

Case Detail

[Subscribe to updates]
Case Title Driggs et. al. v. Central Intelligence Agency
DistrictEastern District of Virginia
CityAlexandria
Case Number1:2023cv01124
Date Filed2023-08-24
Date ClosedOpen
JudgeDistrict Judge David J. Novak
PlaintiffMichael Driggs
PlaintiffRobert Moore
PlaintiffJana Orear
PlaintiffChristianne O'Malley
PlaintiffThomas Michael Logan
PlaintiffDavid Logan
PlaintiffMegan Marx
PlaintiffTerri Mumley
PlaintiffJohn Zimmerlee
PlaintiffCarol Hrdlicka
PlaintiffGeorge Patterson
PlaintiffMark Sauter
PlaintiffPOW Investigative Project, Inc. A Maryland Corporation
Case DescriptionMichael Driggs and others submitted FOIA requests to the CIA. After hearing nothing further from the agency, Driggs and the others filed suit.
Complaint issues: Failure to respond within statutory time limit, Fees, Litigation - Attorney's fees

DefendantCentral Intelligence Agency Washington, DC 20505
DefendantPOW Investigative Project, Inc.
DefendantCentral Intelligence Agency
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Opinion/Order [25]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2023-08-241Complaint ( Filing fee $ 402, receipt number AVAEDC-9093316.), filed by David Logan, Jana Orear, Megan Marx, John Zimmerlee, Mark Sauter, Robert Moore, Terri Mumley, Michael Driggs, Christianne OMalley, Carol Hrdlicka, Thomas Michael Logan. (Attachments: # 1 Exhibit FOIA Request, # 2 Affidavit Smith, # 3 Affidavit Shipp, # 4 Civil Cover Sheet)(Clarke, John) (Entered: 08/24/2023)
2023-08-242Proposed Summons by Michael Driggs, Carol Hrdlicka, David Logan, Thomas Michael Logan, Megan Marx, Robert Moore, Terri Mumley, Christianne OMalley, Jana Orear, George Patterson, Mark Sauter, John Zimmerlee. (Attachments: # 1 Proposed Summons)(Clarke, John) (Entered: 08/24/2023)
2023-08-24Initial Case Assignment to District Judge T. S. Ellis, III and Magistrate Judge John F. Anderson. (wgar, ) (Entered: 08/25/2023)
2023-08-243Summons Issued as to U.S. Attorney and U.S. Attorney General NOTICE TO ATTORNEY: Please remove the headers and print two duplexed copies of the electronically issued summons for each Defendant. Please serve one copy of the summons and a copy of the Complaint upon each Defendant. Please ensure that your process server returns the service copy (executed or unexecuted) to your attention and electronically file it using the filing events, Summons Returned Executed as to USA or Summons Returned Unexecuted as to USA. (Attachments: # 1 Notice to Attorney)(wgar, ) (Entered: 08/25/2023)
2023-08-25Notice of Correction: The filing user has been notified that a Proposed Summons was not submitted as to defendant - Central Intelligence Agency. (wgar, ) (Entered: 08/25/2023)
2023-08-294Corporate Disclosure Statement by Michael Driggs, Carol Hrdlicka, David Logan, Thomas Michael Logan, Megan Marx, Robert Moore, Terri Mumley, Christianne O'Malley, Jana Orear, POW Investigative Project, Inc., George Patterson, Mark Sauter, John Zimmerlee. (Clarke, John) (Entered: 08/29/2023)
2023-08-295FILED IN ERROR AND REMOVED (nneb, ). (Entered: 08/29/2023)
2023-09-016Proposed Summons by Michael Driggs, Carol Hrdlicka, David Logan, Thomas Michael Logan, Megan Marx, Robert Moore, Terri Mumley, Christianne O'Malley, Jana Orear, POW Investigative Project, Inc., George Patterson, Mark Sauter, John Zimmerlee. (Clarke, John) (Entered: 09/01/2023)
2023-09-067Summons Issued as to Central Intelligence Agency, NOTICE TO ATTORNEY: Please remove the headers and print two duplexed copies of the electronically issued summons for each Defendant. Please serve one copy of the summons and a copy of the Complaint upon each Defendant. Please ensure that your process server returns the service copy (executed or unexecuted) to your attention and electronically file it using the filing events, Summons Returned Executed or Summons Returned Unexecuted. (Attachments: # 1 Notice to Attorney)(nneb) (Entered: 09/06/2023)
2023-10-128ANSWER to Complaint by Central Intelligence Agency.(Barghaan, Dennis) (Entered: 10/12/2023)
2024-01-059SCHEDULING ORDER: Initial Pretrial Conference set for 1/31/2024 at 11:00 AM in Alexandria Courtroom 401 before Magistrate Judge John F. Anderson. Discovery due by 3/29/2024. Final Pretrial Conference set for 4/26/2024 at 10:00 AM in Alexandria Courtroom 900 before District Judge T. S. Ellis III. Signed by District Judge Leonie M. Brinkema on 1/5/2024. (Attachments: # 1 Magistrate Consent Form, # 2 Pretrial Notice) (tran) (Entered: 01/05/2024)
2024-01-1810ORDERED that the initial pretrial conference before the undersigned is cancelled. Signed by Magistrate Judge John F. Anderson on 1/18/2024. (Dcrow, ) (Entered: 01/18/2024)
2024-01-1811ORDERED that all civil actions currently assigned to the Honorable T.S. Ellis, III, other than 42 U.S.C. 1983 prisoner rights cases and habeas cases filed under 28 U.S.C. 2254, 28 U.S.C. 2241, and 28 U.S.C. 2255, be transferred to the Honorable David J. Novak, effective as of the date of this Order. Signed by Chief District Judge Mark S. Davis on 01/18/2024. (wgar, ) (Entered: 01/18/2024)
2024-01-18Case Reassigned to District Judge David J. Novak. District Judge T. S. Ellis, III no longer assigned to the case. (swil) (Entered: 01/18/2024)
2024-01-2312ORDER (Setting Status Conference): This matter comes before the Court following reassignment from Senior Judge T.S. Ellis, III 11 . To assist in the efficient resolution of this case, the Court hereby SCHEDULES an on-the-record conference call with counsel at 10:00 a.m. on Tuesday, January 30, 2024. Signed by District Judge David J. Novak on 1/23/2024. (tran) (Entered: 01/23/2024)
2024-01-23Set Hearings: OTR Status Conference set for 1/30/2024 at 10:00 AM in Alexandria Telephonically before District Judge David J. Novak. (tran) (Entered: 01/23/2024)
2024-01-24On-The-Record Initial Pretrial Conference set for 1/30/2024 at 10:00 AM Telephonically before District Judge David J. Novak. (cgar) (Entered: 01/24/2024)
2024-01-30Minute Entry for proceedings held before District Judge David J. Novak:OTR Initial Pretrial Conference held on 1/30/2024. (Court Reporter Rebecca Stonestreet.)(cgar) (Entered: 01/30/2024)
2024-01-3013VACATED PER ORDER ENTERED ORDER (Suspending Discovery and Scheduling Conference Call): To efficiently resolve this case, the Court hereby VACATES the scheduling order entered in this matter 9 and SUSPENDS all discovery. The Court further DIRECTS the parties to meet and confer regarding the material at issue to resolve the case. Finally, the Court hereby SCHEDULES an on-the-record conference call with counsel at 10:30 a.m. on April 9, 2024. If the parties resolve the entirety of their disputes by March 22, 2024, and so report that to the Court, then the conference call on April 9, 2024, will be canceled. Signed by District Judge David J. Novak on 1/30/2024. (tran) Modified on 3/27/2024 to vacate the order (wgar, ). (Entered: 01/30/2024)
2024-01-30Set Hearings: On-The-Record Telephone Conference set for 4/9/2024 at 10:30 AM Telephonically before District Judge David J. Novak. (tran) (Entered: 01/30/2024)
2024-01-30OTR Status Conference set for 4/9/2024 at 10:30 AM Telephonically before District Judge David J. Novak. (cgar) (Entered: 01/30/2024)
2024-02-2714NOTICE of Appearance by Matthew J. Mezger on behalf of Central Intelligence Agency (Mezger, Matthew) (Entered: 02/27/2024)
2024-02-2715MOTION for Clarification re 13 Order,, by Central Intelligence Agency. (Mezger, Matthew) (Entered: 02/27/2024)
2024-02-2716Memorandum in Support re 15 MOTION for Clarification re 13 Order,, filed by Central Intelligence Agency. (Attachments: # 1 Exhibit DEX 1)(Mezger, Matthew) (Entered: 02/27/2024)
2024-02-2717Waiver of re 16 Memorandum in Support, 15 MOTION for Clarification re 13 Order,, (Hearing) by Central Intelligence Agency (Mezger, Matthew) (Entered: 02/27/2024)
2024-02-29On-The-Record Status Conference set for 3/13/2024 at 10:30 AM Telephonically before District Judge David J. Novak. (cgar) (Entered: 02/29/2024)
2024-03-1318ORDER (Setting Case Deadlines and Granting Motion for Clarification) (See order for details). Signed by District Judge David J. Novak on 03/13/2024. (jlan) (Entered: 03/13/2024)
2024-03-13Minute Entry for proceedings held before District Judge David J. Novak:OTR Status Conference held on 3/13/2024. (Court Reporter Rebecca Stonestreet.)(cgar) (Entered: 03/13/2024)
2024-03-2219Memorandum in Support re 15 MOTION for Clarification re 13 Order,, MEMO OF LAW RE SEARCH OF OPERATIONAL RECORDS filed by Michael Driggs, Carol Hrdlicka, David Logan, Thomas Michael Logan, Megan Marx, Robert Moore, Terri Mumley, Christianne O'Malley, Jana Orear, POW Investigative Project, Inc., George Patterson, Mark Sauter, John Zimmerlee. (Clarke, John) (Entered: 03/22/2024)
2024-03-2720ORDER (Canceling Hearing and Vacating Order): The Court VACATES the Discovery Order (ECF No. 13) and CANCELS the status conference now set for April 9, 2024. Signed by District Judge David J. Novak on 03/27/2024. (wgar, ) (Entered: 03/27/2024)
2024-04-0521Response to 19 Memorandum in Support, in Opposition filed by Central Intelligence Agency. (Attachments: # 1 Exhibit DEX 1, # 2 Exhibit DEX 2, # 3 Exhibit DEX 3, # 4 Exhibit DEX 4, # 5 Exhibit DEX 5, # 6 Exhibit DEX 6, # 7 Exhibit DEX 7, # 8 Exhibit DEX 8)(Mezger, Matthew) (Entered: 04/05/2024)
2024-04-1022TRANSCRIPT of proceedings held on March 13, 2024, before Judge David J. Novak, Court Reporter/Transcriber Rebecca Stonestreet, Telephone number 240-426-7767. NOTICE RE REDACTION OF TRANSCRIPTS: The parties have thirty(30) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.vaed.uscourts.gov Transcript may be viewed at the court public terminal or purchased through the court reporter/transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER Redaction Request due 5/10/2024. Redacted Transcript Deadline set for 6/10/2024. Release of Transcript Restriction set for 7/9/2024.(stonestreet, rachel) (Entered: 04/10/2024)
2024-04-1023REPLY to Response to Motion re 15 MOTION for Clarification re 13 Order,, Reply to Opposition to Motion to Require Search of Operational Records filed by Michael Driggs, Carol Hrdlicka, David Logan, Thomas Michael Logan, Megan Marx, Robert Moore, Terri Mumley, Christianne O'Malley, Jana Orear, POW Investigative Project, Inc., George Patterson, Mark Sauter, John Zimmerlee. (Clarke, John) (Entered: 04/10/2024)
2024-05-1024NOTICE by Central Intelligence Agency re 18 Order (Joint) (Mezger, Matthew) (Entered: 05/10/2024)
2024-05-2125MEMORANDUM ORDER (Denying Search of Operational Files) - the Court exercises its discretion to CONSTRUE Plaintiffs' Memorandum (ECF No. 19) as a motion requesting relief, the Court hereby DENIES that motion. Signed by District Judge David J. Novak on 05/21/2024. (jlan) (Entered: 05/21/2024)
2024-05-2326ORDER (Directing Periodic Status Updates) - The Court accordingly DIRECTS the parties to file joint status reports every 60 days, with the first such report due on or before June 14, 2024. Signed by District Judge David J. Novak on 05/23/2024. (wgar, ) (Entered: 05/24/2024)
2024-06-1427STATUS REPORT (Joint, First) by Central Intelligence Agency. (Mezger, Matthew) (Entered: 06/14/2024)
2024-08-1328STATUS REPORT (Joint, Second) by Central Intelligence Agency. (Mezger, Matthew) (Entered: 08/13/2024)
Hide Docket Events
by FOIA Project Staff
Skip to toolbar