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Case TitleRAW STORY v. U.S. DEPARTMENT OF DEFENSE et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2023cv02514
Date Filed2023-08-29
Date ClosedOpen
JudgeJudge Loren L. AliKhan
PlaintiffRAW STORY
Case DescriptionRaw Story, an American news website, submitted a FOIA request to the Department of Navy for records concerning classified materials found on the hard drive of Jordon Duncan, following his arrest in Boise, Idaho in October 2020. The agency acknowledged receipt of the request. The issue issued a Glomar response neither confirming nor denying the existence of records Raw Story filed an administrative appeal of the decision. The agency upheld the denial and Raw Story filed suit.
Complaint issues: Adequacy - Search, Litigation - Attorney's fees

DefendantU.S. DEPARTMENT OF DEFENSE
DefendantU.S. DEPARTMENT OF THE NAVY
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2023-08-291COMPLAINT against U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF THE NAVY ( Filing fee $ 402 receipt number ADCDC-10310687) filed by RAW STORY. (Attachments: # 1 Exhibit 1-4, # 2 Civil Cover Sheet, # 3 Summons)(Topic, Matthew) (Entered: 08/29/2023)
2023-08-292NOTICE of Appearance by Matthew Topic on behalf of RAW STORY (Topic, Matthew) (Entered: 08/29/2023)
2023-08-29Case Assigned to Judge Timothy J. Kelly. (zrtw) (Entered: 08/29/2023)
2023-08-293SUMMONS (4) Issued Electronically as to U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF THE NAVY, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(zrtw) (Entered: 08/29/2023)
2023-09-284MOTION for Extension of Time to File Answer re 1 Complaint, by U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF THE NAVY. (O'Tousa, Christina) (Entered: 09/28/2023)
2023-09-295NOTICE of Appearance by Merrick Jason Wayne on behalf of RAW STORY (Wayne, Merrick) (Entered: 09/29/2023)
2023-09-296Memorandum in opposition to re 4 Motion for Extension of Time to File Answer filed by RAW STORY. (Wayne, Merrick) (Entered: 09/29/2023)
2023-10-02MINUTE ORDER granting Defendants' opposed 4 Motion for Extension of Time to File Answer. Upon consideration of Defendants' 4 Motion for Extension of Time and Plaintiff's 6 Opposition to Defendants' Motion for Extension of Time, it its hereby ORDERED, nunc pro tunc and for good cause shown, that Defendants' 4 motion is GRANTED. Defendants shall file a response to Plaintiff's complaint by November 1, 2023. Signed by Judge Timothy J. Kelly on 10/2/2023. (lctjk1) (Entered: 10/02/2023)
2023-10-317RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF DEFENSE served on 9/13/2023 (Topic, Matthew) (Entered: 10/31/2023)
2023-10-318RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF THE NAVY served on 9/27/2023 (Topic, Matthew) (Entered: 10/31/2023)
2023-10-319RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 9/8/2023. (Topic, Matthew) (Entered: 10/31/2023)
2023-10-3110RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 8/29/2023. Answer due for ALL FEDERAL DEFENDANTS by 9/28/2023. (Topic, Matthew); Modified date of service on 11/1/2023 (ztth). Modified text on 11/2/2023 (ztth). (Entered: 10/31/2023)
2023-11-0111NOTICE of Appearance by Christina O'Tousa on behalf of All Defendants (O'Tousa, Christina) (Entered: 11/01/2023)
2023-11-0112ANSWER to Complaint by U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF THE NAVY.(O'Tousa, Christina) (Entered: 11/01/2023)
2023-11-02MINUTE ORDER: Before the Court in this FOIA case are a complaint and an answer. It is hereby ORDERED that the parties shall meet, confer, and file a joint proposed schedule for briefing or disclosure by November 22, 2023. Signed by Judge Timothy J. Kelly on 11/2/2023. (lctjk1) (Entered: 11/02/2023)
2023-11-1513Consent MOTION for Extension of Time to File Joint Status Report by RAW STORY. (Wayne, Merrick) (Entered: 11/15/2023)
2023-11-16MINUTE ORDER granting Plaintiff's 13 Consent Motion for Extension of Time. It is hereby ORDERED that, for good cause shown, Plaintiff's 13 consent motion for an extension of time is GRANTED. It is further ORDERED that the parties shall meet, confer, and file a joint proposed schedule for briefing or disclosure by November 29, 2023. Signed by Judge Timothy J. Kelly on 11/16/2023. (lctjk1) (Entered: 11/16/2023)
2023-11-2914Joint STATUS REPORT by U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF THE NAVY. (O'Tousa, Christina) (Entered: 11/29/2023)
2023-11-30MINUTE ORDER: Upon consideration of the parties' 14 Joint Status Report, it is hereby ORDERED that Defendant shall file any motion for summary judgment in this matter by February 7, 2024; Plaintiff shall file any combined opposition and cross-motion for summary judgment by March 29, 2024; Defendant shall file any reply in support of its motion and oppose Plaintiff's cross-motion by May 15, 2024; and Plaintiff shall reply by June 3, 2024. Signed by Judge Timothy J. Kelly on 11/30/2023. (lctjk1) (Entered: 11/30/2023)
2023-11-30Set/Reset Deadlines: Cross Motion due by 3/29/2024. (zkh) (Entered: 11/30/2023)
2023-12-14Case directly reassigned to Judge Loren L. AliKhan. Judge Timothy J. Kelly is no longer assigned to the case. (rj) (Entered: 12/14/2023)
2024-02-0515Consent MOTION to Modify Briefing Schedule by U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF THE NAVY. (O'Tousa, Christina) (Entered: 02/05/2024)
2024-02-06MINUTE ORDER: Upon consideration of Defendants' Consent Motion to Modify the Summary Judgment Briefing Schedule 15 , it is hereby ORDERED that the motion is GRANTED and that: (1) Defendants shall file their motion for summary judgment by February 14, 2024; (2) Plaintiff shall file its opposition to Defendants' motion and cross-motion for summary judgment, if any, by April 5, 2024; (3) Defendants shall file their reply in support of their motion and opposition to Plaintiff's cross-motion, if any, by May 22, 2024; and (4) Plaintiff shall file its reply in support of its cross-motion, if any, by June 11, 2024. Signed by Judge Loren L. AliKhan on 02/06/2024. (lclla2) (Entered: 02/06/2024)
2024-02-1416MOTION for Summary Judgment by U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF THE NAVY. (Attachments: # 1 Statement of Facts, # 2 Declaration of Karen Richman, # 3 Exhibit 1, FOIA Request, # 4 Exhibit 2, Response to FOIA Request, # 5 Exhibit 3, FOIA Appeal, # 6 Exhibit 4, Decision on FOIA Appeal, # 7 Text of Proposed Order)(O'Tousa, Christina) (Entered: 02/14/2024)
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