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Case TitleUS RIGHT TO KNOW v. DEFENSE INTELLIGENCE AGENCY
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2024cv00982
Date Filed2024-04-05
Date ClosedOpen
JudgeJudge Trevor N. McFadden
PlaintiffUS RIGHT TO KNOW
Case DescriptionUS Right to Know submitted a FOIA request to Defense Intelligence Agency for records. The agency acknowledged receipt of the request but after hearing nothing further from the agency, USTRK 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
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2024-04-051COMPLAINT against DEFENSE INTELLIGENCE AGENCY ( Filing fee $ 405, receipt number TBD) filed by US RIGHT TO KNOW. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit A, # 3 Exhibit B, # 4 Summons, # 5 Summons, # 6 Summons) (mg). (Entered: 04/05/2024)
2024-04-05NOTICE OF NEW CASE ERROR regarding 1 Complaint. The following error(s) need correction: Incorrect civil cover sheet. Please file the Civil Cover Sheet (JS44) form at www.dcd.uscourts.gov/new-case-forms & file using the event Civil Cover Sheet. Other - Please sign cover sheet. COMPLIANCE DEADLINE is by close of business today. This case will not proceed any further until all errors are satisfied. (mg) (Entered: 04/05/2024)
2024-04-052CIVIL COVER SHEET by US RIGHT TO KNOW re Notice of Error- New Case, filed by US RIGHT TO KNOW. Related document: Notice of Error- New Case,.(Lindzen, Nathaniel) (Entered: 04/05/2024)
2024-04-05Payment for 1 Complaint. ($405; Receipt number ADCDC-10809481). (Lindzen, Nathaniel) (Entered: 04/05/2024)
2024-04-11Case Assigned to Judge Trevor N. McFadden. (zcb) (Entered: 04/11/2024)
2024-04-113STANDING ORDER Establishing Procedures for Cases Before Judge Trevor N. McFadden. The parties are hereby ORDERED to read and comply with the directives in the attached standing order. Signed by Judge Trevor N. McFadden on 04/11/2024. (lctnm1) (Entered: 04/11/2024)
2024-05-014SUMMONS (3) Issued Electronically as to DEFENSE INTELLIGENCE AGENCY, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(zcb) (Entered: 05/01/2024)
2024-06-035NOTICE of Appearance by Bradley Silverman on behalf of DEFENSE INTELLIGENCE AGENCY (Silverman, Bradley) (Entered: 06/03/2024)
2024-06-06MINUTE ORDER: Plaintiff filed the Complaint in this case on April 5, 2024. As of the date of this Order, the public docket reflects that Plaintiff has yet to file proof of service on Defendant in accordance with the rules for serving agencies of the United States. See Fed. R. Civ. P. 4(i)(2). Federal Rule of Civil Procedure 4(m) requires service on each Defendant no later than 90 days after the Complaint is filed, which, in this case, is July 4, 2024. The Court ORDERS Plaintiff to cause process to be served on Defendant and file proof of such service by July 4, 2024. Failure to either do so or to establish good cause for the failure to do so will result in the dismissal of this case. SO ORDERED. Signed by Judge Trevor N. McFadden on 06/06/2024. (lctnm1) (Entered: 06/06/2024)
2024-06-106ANSWER to 1 Complaint by DEFENSE INTELLIGENCE AGENCY.(Silverman, Bradley) (Entered: 06/10/2024)
2024-06-11MINUTE ORDER: Before the Court are a Complaint and Answer in this FOIA case. It is hereby ORDERED that the parties meet and confer and that they then file a Joint Status Report proposing a schedule for proceeding in this matter. That JSR should address, among other things, 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, and a briefing schedule for dispositive motions, if required. The parties shall file the JSR by July 10, 2024. SO ORDERED. Signed by Judge Trevor N. McFadden on 06/11/2024. (lctnm1) (Entered: 06/11/2024)
2024-06-247AMENDED COMPLAINT USRTK against DEFENSE INTELLIGENCE AGENCY filed by US RIGHT TO KNOW. (Attachments: # 1 Supplement Redline of Amended Complaint, # 2 Certificate of Service Certificate of Service)(Lindzen, Nathaniel) (Entered: 06/24/2024)
2024-06-248RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. DEFENSE INTELLIGENCE AGENCY served on 5/8/2024, RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 5/8/2024. ( Answer due for ALL FEDERAL DEFENDANTS by 6/7/2024.), RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 05/08/2024. (Attachments: # 1 Affidavit Affidavit of Mailing on DIA, # 2 Affidavit Affidavit of Mailing on US AG)(Lindzen, Nathaniel) Modified docket text on 6/25/2024 (mg). (Entered: 06/24/2024)
2024-07-099MOTION for Extension of Time to File Answer re 7 Amended Complaint Nunc Pro Tunc by DEFENSE INTELLIGENCE AGENCY. (Silverman, Bradley) (Entered: 07/09/2024)
2024-07-0910ANSWER to 7 Amended Complaint by DEFENSE INTELLIGENCE AGENCY.(Silverman, Bradley) (Entered: 07/09/2024)
2024-07-09MINUTE ORDER: The Court GRANTS the Government's 9 Motion for an Extension of Time Nunc Pro Tunc. The Government's response to the 7 Amended Complaint is now due on July 9, 2024. SO ORDERED. Signed by Judge Trevor N. McFadden on 07/09/2024. (lctnm1) (Entered: 07/09/2024)
2024-07-09MINUTE ORDER: Before the Court are an Amended Complaint and Answer in this FOIA case. It is hereby ORDERED that the parties meet and confer and that they then file a Joint Status Report proposing a schedule for proceeding in this matter. That JSR should address, among other things, 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, and a briefing schedule for dispositive motions, if required. The parties shall file the JSR by August 8, 2024. This new JSR may be filed in place of the JSR ordered by the Court in its June 11, 2024, Minute Order. SO ORDERED. Signed by Judge Trevor N. McFadden on 07/09/2024. (lctnm1) (Entered: 07/09/2024)
2024-08-0811Joint STATUS REPORT by DEFENSE INTELLIGENCE AGENCY. (Silverman, Bradley) (Entered: 08/08/2024)
2024-08-09MINUTE ORDER: Upon consideration of the parties' 11 Joint Status Report, the parties are ORDERED to appear for an in-person status conference on August 26 at 10:00 a.m. in Courtroom 2 before Judge Trevor N. McFadden. SO ORDERED. Signed by Judge Trevor N. McFadden on 08/09/2024. (lctnm1) (Entered: 08/09/2024)
2024-08-26Minute Entry for proceedings held before Judge Trevor N. McFadden: Status Conference held on 8/26/2024. Telephonic Status Conference set for 9/25/2024 at 10:00 AM before Judge Trevor N. McFadden. (Court Reporter: Lisa Edwards.) (hmc) (Entered: 08/26/2024)
2024-09-25Minute Entry for proceedings held before Judge Trevor N. McFadden: Telephonic Status Conference held on 9/25/2024. Defendant is ORDERED to make rolling productions of at least 350 pages per month. The first production is due on 1/15/2025, and each subsequent production shall be due on the 15th day of the month. The parties are FURTHER ORDERED to file Joint Status Reports on the last day of the month every other month, beginning on 1/31/2025. (Court Reporter: Lisa Edwards.) (hmc) (Entered: 09/25/2024)
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