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Case TitleUS RIGHT TO KNOW v. DEFENSE INTELLIGENCE AGENCY
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2023cv03771
Date Filed2023-12-19
Date ClosedOpen
JudgeJudge Tanya S. Chutkan
PlaintiffUS RIGHT TO KNOW
Case DescriptionU.S. Right to Know submitted a FOIA request to the Defense Intelligence Agency for records. The agency acknowledged receipt of the request but after hearing nothing further from the agency, USRTK filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantDEFENSE INTELLIGENCE AGENCY
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2023-11-101Complaint Under the Freedom of Information Act , filed by US Right to Know. (Attachments: # 1 Exhibit A (FOIA request), # 2 Exhibit B (FOIA Acknowledgement), # 3 Civil Cover Sheet)(Hardin, Matthew) [Transferred from Virginia Eastern on 12/19/2023.] (Entered: 11/10/2023)
2023-11-10Initial Case Assignment to District Judge Michael S Nachmanoff and Magistrate Judge John F. Anderson. (Sbro) [Transferred from Virginia Eastern on 12/19/2023.] (Entered: 11/13/2023)
2023-11-13No service issued at this time (Sbro) [Transferred from Virginia Eastern on 12/19/2023.] (Entered: 11/13/2023)
2023-11-142Proposed Summons re 1 Complaint by US Right to Know. (Hardin, Matthew) (Main Document replaced to correct summons on 11/16/2023) (Sbro). [Transferred from Virginia Eastern on 12/19/2023.] (Entered: 11/14/2023)
2023-11-163Summons Issued as to Defense Intelligence Agency, 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) (Sbro) [Transferred from Virginia Eastern on 12/19/2023.] (Entered: 11/16/2023)
2023-11-164Summons Re-Issued as to Defense Intelligence Agency, 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)(jlan) [Transferred from Virginia Eastern on 12/19/2023.] (Entered: 11/16/2023)
2023-12-115NOTICE of Appearance by Peter B. Baumhart on behalf of Defense Intelligence Agency (Baumhart, Peter) [Transferred from Virginia Eastern on 12/19/2023.] (Entered: 12/11/2023)
2023-12-116MOTION to Transfer Case to U.S. District Court for the District of Columbia by Defense Intelligence Agency. (Attachments: # 1 Exhibit, # 2 Proposed Order)(Baumhart, Peter) [Transferred from Virginia Eastern on 12/19/2023.] (Entered: 12/11/2023)
2023-12-13Notice of Correction: Filing user notified to file a Notice of Hearing or Waiver of Oral Argument in re 6 MOTION to Transfer Case to U.S. District Court for the District of Columbia (Sbro) [Transferred from Virginia Eastern on 12/19/2023.] (Entered: 12/13/2023)
2023-12-137Waiver of re 6 MOTION to Transfer Case to U.S. District Court for the District of Columbia Waiver of Hearing by Defense Intelligence Agency (Baumhart, Peter) [Transferred from Virginia Eastern on 12/19/2023.] (Entered: 12/13/2023)
2023-12-138ORDERED that Defendant's motion is GRANTED; and it is further ORDERED that the instant action is TRANSFERRED to the U.S. District Court for the District of Columbia in re 6 Motion to Transfer Case (see Order for further details). Signed by District Judge Michael S Nachmanoff on 12/13/2023. (Sbro) [Transferred from Virginia Eastern on 12/19/2023.] (Entered: 12/13/2023)
2023-12-199Case transferred in from District of Virginia Eastern; Case Number 1:23-cv-01528. Original file ,transfer order and docket sheet received. (Entered: 12/19/2023)
2024-01-0410NOTICE of Appearance by Brian J. Levy on behalf of DEFENSE INTELLIGENCE AGENCY (Levy, Brian) (Entered: 01/04/2024)
2024-01-0411MOTION for Extension of Time to File Answer re 1 Complaint, by DEFENSE INTELLIGENCE AGENCY. (Attachments: # 1 Text of Proposed Order)(Levy, Brian) (Entered: 01/04/2024)
2024-01-0512Memorandum in opposition to re 11 Motion for Extension of Time to File Answer filed by US RIGHT TO KNOW. (Hardin, Matthew) (Entered: 01/05/2024)
2024-01-0513REPLY to opposition to motion re 11 MOTION for Extension of Time to File Answer re 1 Complaint, filed by DEFENSE INTELLIGENCE AGENCY. (Levy, Brian) (Entered: 01/05/2024)
2024-01-05MINUTE ORDER: GRANTING Defendant's 11 Motion for Extension. Defendant's answer to the complaint is due 2/8/2024. Signed by Judge Tanya S. Chutkan on 1/5/2024. (lca) (Entered: 01/05/2024)
2024-02-0814ANSWER to 1 Complaint, by DEFENSE INTELLIGENCE AGENCY.(Levy, Brian) (Entered: 02/08/2024)
2024-02-09MINUTE ORDER: Before the Court in this FOIA case are a complaint and an answer. The requirements of LCvR 16.3 and Rule 26(f) of the Federal Rules of Civil procedure appear to be inapplicable. IT IS HEREBY ORDERED that the parties shall meet and confer and propose a schedule for proceeding in this matter. The schedule shall address the status of Plaintiff's FOIA request, the anticipated number of documents responsive to Plaintiff's FOIA request, the anticipated date(s) for release of the documents requested by Plaintiff, whether a motion for an Open America stay is likely in this case, whether a Vaughn index will be required in this case, whether and when either party anticipates filing a dispositive motion, and any other pertinent issues. The parties shall file a joint status report that addresses these issues no later than 3/20/2024. The joint status report shall be accompanied by a proposed order. Signed by Judge Tanya S. Chutkan on 2/9/2024. (lca) (Entered: 02/09/2024)
2024-03-2015Joint STATUS REPORT by DEFENSE INTELLIGENCE AGENCY. (Attachments: # 1 Text of Proposed Order)(Levy, Brian) (Entered: 03/20/2024)
2024-03-21MINUTE ORDER: Upon consideration of the parties' 15 Joint Status Report, the parties shall file another Joint Status Report by May 17, 2024 updating the court as to the status of Plaintiff's FOIA request. The report shall be accompanied by a proposed order. Signed by Judge Tanya S. Chutkan on 3/21/2024. (lca) (Entered: 03/21/2024)
2024-03-21Set/Reset Deadlines: Joint Status Report due by 5/17/2024 (lsj) (Entered: 03/21/2024)
2024-05-1716Joint STATUS REPORT by DEFENSE INTELLIGENCE AGENCY. (Attachments: # 1 Text of Proposed Order)(Levy, Brian) (Entered: 05/17/2024)
2024-05-20MINUTE ORDER: Upon consideration of the 16 Joint Status Report, the parties shall file another joint status report on or before July 17, 2024, and every 60 days thereafter, updating the court as to the status of Plaintiff's FOIA request. To the extent the parties request a change in the status quo, the status report shall be accompanied by a proposed order. Signed by Judge Tanya S. Chutkan on 5/20/2024. (lca) (Entered: 05/20/2024)
2024-05-20Set/Reset Deadlines: Joint Status Report due by 7/17/2024. (hmc) (Entered: 05/20/2024)
2024-07-1717Joint STATUS REPORT by DEFENSE INTELLIGENCE AGENCY. (Levy, Brian) (Entered: 07/17/2024)
2024-09-1618Joint STATUS REPORT by DEFENSE INTELLIGENCE AGENCY. (Attachments: # 1 Text of Proposed Order)(Levy, Brian) (Entered: 09/16/2024)
2024-09-17MINUTE ORDER SETTING BRIEFING SCHEDULE: Upon consideration of the parties' 18 Joint Status Report, the court sets the following deadlines. Defendant's motion for summary judgment is due October 10, 2024. Plaintiff's opposition and cross-motion, if any, is due November 12, 2024. Defendant's reply in support of its motion for summary judgment and opposition to Plaintiff's cross-motion, if any, is due December 10, 2024. Plaintiff's reply in support of his cross-motion, if any, is due January 10, 2025. The parties are relieved of their obligation to file further status reports at this time. Signed by Judge Tanya S. Chutkan on 9/17/2024. (lca) (Entered: 09/17/2024)
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