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Case TitleWP COMPANY, LLC v. DEFENSE COUNTERINTELLIGENCE AND SECURITY AGENCY
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2023cv03333
Date Filed2023-11-07
Date ClosedOpen
JudgeJudge Timothy J. Kelly
PlaintiffWP COMPANY, LLC d/b/a THE WASHINGTON POST
Case DescriptionWashington Post national security reporter Alex Horton submitted a FOIA request to the Defense Counterintelligence and Security Agency for records relating of mentioning the background investigation for the security clearance for Airman First Class Jack Teixiera. The Post asked for expediting processing and a fee waiver. The agency acknowledged receipt of the request. The agency told the Post that it was withholding all records under Exemption 6 (invasion of privacy) and Exemption 7(C) (invasion of privacy concerning law enforcement records). The Post filed an administrative appeal of the denial. The agency acknowledged receipt of the Post's administrative appeal but after hearing nothing further from the agency, the Post filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantDEFENSE COUNTERINTELLIGENCE AND SECURITY 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
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2023-11-071COMPLAINT against DEFENSE COUNTERINTELLIGENCE AND SECURITY AGENCY ( Filing fee $ 402 receipt number ADCDC-10476919) filed by WP COMPANY, LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Summons to DCSA, # 6 Summons to USAO, # 7 Summons to USDOJ, # 8 Civil Cover Sheet)(Tobin, Charles) (Entered: 11/07/2023)
2023-11-072LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by WP COMPANY, LLC (Tobin, Charles) (Entered: 11/07/2023)
2023-11-073NOTICE of Appearance by Matthew E. Kelley on behalf of WP COMPANY, LLC (Kelley, Matthew) (Entered: 11/07/2023)
2023-11-08Case Assigned to Judge Timothy J. Kelly. (zdp) (Entered: 11/08/2023)
2023-11-084SUMMONS (3) Issued Electronically as to DEFENSE COUNTERINTELLIGENCE AND SECURITY AGENCY, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(zdp) (Entered: 11/08/2023)
2023-11-225RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 11/13/2023. Answer due for ALL FEDERAL DEFENDANTS by 12/13/2023. (Kelley, Matthew) (Entered: 11/22/2023)
2023-11-226RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 11/16/2023. (Kelley, Matthew) (Entered: 11/22/2023)
2023-11-227RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. DEFENSE COUNTERINTELLIGENCE AND SECURITY AGENCY served on 11/15/2023 (Kelley, Matthew) (Entered: 11/22/2023)
2023-11-308RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 11/20/2023. (Kelley, Matthew) (Entered: 11/30/2023)
2023-12-149ANSWER to Complaint by DEFENSE COUNTERINTELLIGENCE AND SECURITY AGENCY.(Venguswamy, Kartik) (Entered: 12/14/2023)
2023-12-15MINUTE 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 December 29, 2023. Signed by Judge Timothy J. Kelly on 12/15/2023. (lctjk3) (Entered: 12/15/2023)
2023-12-1910Consent MOTION for Extension of Time to File by DEFENSE COUNTERINTELLIGENCE AND SECURITY AGENCY. (Venguswamy, Kartik) (Entered: 12/19/2023)
2023-12-21MINUTE ORDER: Upon consideration of Defendant's 10 Consent Motion for Extension to File, it is hereby ORDERED that the motion is GRANTED. It is further ORDERED that the parties' time to file a joint proposed schedule for briefing or disclosure is EXTENDED until January 15, 2024. Signed by Judge Timothy J. Kelly on 12/21/2023. (lctjk3) (Entered: 12/21/2023)
2024-01-1611Consent MOTION for Extension of Time to File Joint Status Report by DEFENSE COUNTERINTELLIGENCE AND SECURITY AGENCY. (Venguswamy, Kartik) (Entered: 01/16/2024)
2024-01-18MINUTE ORDER: Upon consideration of Defendant's 11 Consent Motion for Extension to File, it is hereby ORDERED that the motion is GRANTED. It is further ORDERED that the parties' time to file a joint status report is EXTENDED until January 18, 2024. Signed by Judge Timothy J. Kelly on 1/18/2024. (lctjk3) (Entered: 01/18/2024)
2024-01-1812Joint STATUS REPORT by DEFENSE COUNTERINTELLIGENCE AND SECURITY AGENCY. (Venguswamy, Kartik) (Entered: 01/18/2024)
2024-01-23MINUTE ORDER: Upon consideration of the parties' 12 Joint Status Report, it is hereby ORDERED that the parties shall file, by March 18, 2024, a further joint status report. Signed by Judge Timothy J. Kelly on 1/23/2024. (lctjk3) (Entered: 01/23/2024)
2024-03-1813Joint STATUS REPORT by DEFENSE COUNTERINTELLIGENCE AND SECURITY AGENCY. (Venguswamy, Kartik) (Entered: 03/18/2024)
2024-03-20MINUTE ORDER: Upon consideration of the parties' 13 Joint Status Report, it is hereby ORDERED that the parties shall file, by April 17, 2024, a further joint status report. Signed by Judge Timothy J. Kelly on 3/20/2024. (lctjk3) (Entered: 03/20/2024)
2024-04-1714Joint STATUS REPORT by DEFENSE COUNTERINTELLIGENCE AND SECURITY AGENCY. (Venguswamy, Kartik) (Entered: 04/17/2024)
2024-04-23MINUTE ORDER: Upon consideration of the parties' 14 Joint Status Report, it is hereby ORDERED that the parties shall file, by May 17, 2024, a further joint status report, including, if necessary, a proposed briefing schedule. Signed by Judge Timothy J. Kelly on 4/23/2024. (lctjk3) (Entered: 04/23/2024)
2024-05-1615Joint STATUS REPORT and Proposed Briefing Schedule by DEFENSE COUNTERINTELLIGENCE AND SECURITY AGENCY. (Venguswamy, Kartik) (Entered: 05/16/2024)
2024-05-21MINUTE ORDER: Upon consideration of the parties' 15 Joint Status Report, it is hereby ORDERED that the following schedule will govern proceedings: Defendant shall file a motion for summary judgment by June 18, 2024; Plaintiff shall file a consolidated opposition and cross-motion for summary judgment by July 8, 2024; Defendant shall file a consolidated opposition and reply by July 22, 2024; and Plaintiff shall file any reply by July 29, 2024. Signed by Judge Timothy J. Kelly on 5/21/2024. (lctjk3) (Entered: 05/21/2024)
2024-05-21Set/Reset Deadlines: Cross Motion due by 7/8/2024. Response to Cross Motion due by 7/22/2024. Reply to Cross Motion due by 7/29/2024. (zkh) (Entered: 05/21/2024)
2024-06-1816MOTION for Summary Judgment by DEFENSE COUNTERINTELLIGENCE AND SECURITY AGENCY. (Attachments: # 1 Statement of Facts, # 2 Declaration, # 3 Exhibit A)(Venguswamy, Kartik) (Entered: 06/18/2024)
2024-07-0817Cross MOTION for Summary Judgment by WP COMPANY, LLC. (Attachments: # 1 Memorandum in Support, # 2 Declaration of M. Kelley, # 3 Exhibit 1, # 4 Exhibit 2, # 5 Exhibit 3, # 6 Exhibit 4, # 7 Exhibit 5, # 8 Exhibit 6)(Kelley, Matthew) (Entered: 07/08/2024)
2024-07-0818Memorandum in opposition to re 16 Motion for Summary Judgment filed by WP COMPANY, LLC. (Attachments: # 1 Declaration of M. Kelley, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6)(Kelley, Matthew) (Entered: 07/08/2024)
2024-07-2219Consent MOTION for Extension of Time to File Response/Reply as to 17 Cross MOTION for Summary Judgment , 16 MOTION for Summary Judgment by DEFENSE COUNTERINTELLIGENCE AND SECURITY AGENCY. (Venguswamy, Kartik) (Entered: 07/22/2024)
2024-07-23MINUTE ORDER: Upon consideration of Defendant's 19 Consent Motion for Extension of Time, and for good cause shown, it is hereby ORDERED that the motion is GRANTED. It is further ORDERED that Defendant's consolidated opposition and reply is now due by July 24, 2024, and Plaintiff's reply is due by July 31, 2024. Signed by Judge Timothy J. Kelly on 7/23/2024. (lctjk3) (Entered: 07/23/2024)
2024-07-23Set/Reset Deadlines: Defendant's consolidated Response to Cross Motion and Reply to Motion for Summary Judgment due by 7/24/2024. (zkh) (Entered: 07/23/2024)
2024-07-2420Memorandum in opposition to re 17 Motion for Summary Judgment, filed by DEFENSE COUNTERINTELLIGENCE AND SECURITY AGENCY. (Venguswamy, Kartik) (Entered: 07/24/2024)
2024-07-2421REPLY to opposition to motion re 16 MOTION for Summary Judgment filed by DEFENSE COUNTERINTELLIGENCE AND SECURITY AGENCY. (Venguswamy, Kartik) (Entered: 07/24/2024)
2024-07-3122REPLY to opposition to motion re 17 Cross MOTION for Summary Judgment filed by WP COMPANY, LLC. (Kelley, Matthew) (Entered: 07/31/2024)
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by FOIA Project Staff
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