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Case TitleDUDA v. UNITED STATES DEPARTMENT OF JUSTICE et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2024cv01048
Date Filed2024-04-12
Date ClosedOpen
JudgeJudge Loren L. AliKhan
PlaintiffKELLY DUDA
Case DescriptionKelly Duda, a journalist, submitted a FOIA request to the FBI for records concerning audio records of two individuals involved in the killing if Emmet Till. The agency acknowledged receipt of the request but after hearing nothing further from the FBI, Duda filed suit.
Complaint issues: Failure to respond within statutory time limit, Fee Category - Media or Educational, Litigation - Attorney's fees, Adequacy - Search

DefendantUNITED STATES DEPARTMENT OF JUSTICE
DefendantFEDERAL BUREAU OF INVESTIGATION
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2024-04-121COMPLAINT against FEDERAL BUREAU OF INVESTIGATION, UNITED STATES DEPARTMENT OF JUSTICE ( Filing fee $ 405 receipt number ADCDC-10823572) filed by KELLY DUDA. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Civil Cover Sheet, # 5 Summons)(Townsend, KatieLynn) (Entered: 04/12/2024)
2024-04-12Case Assigned to Judge Loren L. AliKhan. (zed) (Entered: 04/12/2024)
2024-04-122SUMMONS (3) Issued Electronically as to FEDERAL BUREAU OF INVESTIGATION, UNITED STATES DEPARTMENT OF JUSTICE, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(zed) (Entered: 04/12/2024)
2024-04-223RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. FEDERAL BUREAU OF INVESTIGATION served on 4/18/2024; UNITED STATES DEPARTMENT OF JUSTICE served on 4/18/2024, RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 4/18/24., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 4/18/2024. ( Answer due for ALL FEDERAL DEFENDANTS by 5/18/2024.) (Attachments: # 1 Exhibit of Proof of Service)(Townsend, KatieLynn) (Entered: 04/22/2024)
2024-05-204NOTICE of Appearance by Dedra Seibel Curteman on behalf of All Defendants (Curteman, Dedra) (Entered: 05/20/2024)
2024-05-205ANSWER to Complaint by FEDERAL BUREAU OF INVESTIGATION, UNITED STATES DEPARTMENT OF JUSTICE.(Curteman, Dedra) (Entered: 05/20/2024)
2024-05-216NOTICE of Appearance by Adam Alexander Marshall on behalf of KELLY DUDA (Marshall, Adam) (Entered: 05/21/2024)
2024-05-227ORDER directing the parties to meet and confer and file a joint status report on or before June 11, 2024. See document for details. Signed by Judge Loren L. AliKhan on 05/22/2024. (lclla3) (Entered: 05/22/2024)
2024-05-228NOTICE of Appearance by Gunita Singh on behalf of KELLY DUDA (Singh, Gunita) (Entered: 05/22/2024)
2024-05-24Set/Reset Deadlines/Hearings: Joint Status Report due by 6/11/2024. (zcdw) (Entered: 05/24/2024)
2024-06-119Joint STATUS REPORT by KELLY DUDA. (Attachments: # 1 Plaintiff's Proposed Order)(Marshall, Adam) (Entered: 06/11/2024)
2024-06-21NOTICE of Hearing: Status Conference set for 7/1/2024 at 3:00 PM in Courtroom 19 before Judge Loren L. AliKhan. (zcdw) (Entered: 06/21/2024)
2024-06-28Set/Reset Deadlines/Hearings: Status Conference reset as a videoconference on 7/1/2024 at 3:00 PM before Judge Loren L. AliKhan. (zcdw) (Entered: 06/28/2024)
2024-07-01MINUTE ORDER: Upon consideration of the parties' Joint Status Report 9 and the July 1, 2024 status conference, in which Defendants stated that four hours of responsive audio have been processed, it is hereby ORDERED that Defendants shall produce the four hours of available audio to Plaintiff on or before July 15, 2024. It is further ORDERED that Defendants shall file a status report on or before July 15, 2024 apprising the court whether Defendants can process the audio recordings of Roy Bryant's statements referenced in Exhibit 1 to Plaintiff's Complaint [1-1] at a more expeditious rate, and that Plaintiff shall respond to the status report on or before July 19, 2024. Signed by Judge Loren L. AliKhan on 07/01/2024. (lclla3) (Entered: 07/01/2024)
2024-07-01Minute Entry for video proceedings held before Judge Loren L. AliKhan: Status Conference held on 7/1/2024. (Court Reporter: Jeff Hook) (zcdw) (Entered: 07/03/2024)
2024-07-1510Joint STATUS REPORT by FEDERAL BUREAU OF INVESTIGATION, UNITED STATES DEPARTMENT OF JUSTICE. (Curteman, Dedra) (Entered: 07/15/2024)
2024-07-1811RESPONSE re 10 STATUS REPORT RESPONSE by KELLY DUDA. (Attachments: # 1 Text of Proposed Order)(Marshall, Adam) Modified event title on 7/18/2024 (znmw). (Entered: 07/18/2024)
2024-07-19MINUTE ORDER: Upon consideration of Defendants' status report 10 and Plaintiff's status report 11 , it is hereby ORDERED that Defendants shall process the approximately 1 hour and 40 minutes of audio recordings of Roy Bryant's statements as referenced in Exhibit 1 to Plaintiff's Complaint [1-1], on an expedited basis with the first production of such audio on or before August 30, 2024, and the second and final production on or before September 30, 2024. It is further ORDERED that the parties shall meet and confer thereafter and submit a joint status report updating the court on the status of this case on or before October 18, 2024. The court commends the parties for their cooperation and collaboration in finding a reasonable path forward. Signed by Judge Loren L. AliKhan on 07/19/2024. (lclla3) (Entered: 07/19/2024)
2024-07-22Set/Reset Deadlines/Hearings: Joint Status Report due by 10/18/2024. (zcdw) (Entered: 07/22/2024)
2024-09-1912MOTION for Hearing by KELLY DUDA. (Attachments: # 1 Text of Proposed Order)(Townsend, KatieLynn) (Entered: 09/19/2024)
2024-10-0313Memorandum in opposition to re 12 Motion for Hearing filed by FEDERAL BUREAU OF INVESTIGATION, UNITED STATES DEPARTMENT OF JUSTICE. (Curteman, Dedra) (Entered: 10/03/2024)
2024-10-0714REPLY to opposition to motion re 12 Motion for Hearing filed by KELLY DUDA. (Townsend, KatieLynn) (Entered: 10/07/2024)
2024-10-1815Joint STATUS REPORT by KELLY DUDA. (Marshall, Adam) (Entered: 10/18/2024)
2024-10-28MINUTE ORDER: Upon consideration of Plaintiff's Motion for a Hearing 12 and the parties' Joint Status Report 15 , it is hereby ORDERED that Plaintiff's motion is DENIED to the extent it seeks a hearing but GRANTED insofar as it seeks a schedule for partial summary judgment briefing. The following schedule shall govern partial summary judgment briefing with respect to the Bryant Audio: (1) Defendants shall file a motion for partial summary judgment on or before November 25, 2024; (2) Plaintiff shall file an opposition and cross-motion for partial summary judgment on or before December 23, 2024; (3) Defendants shall file an opposition and reply on or before January 13, 2025, and (4) Plaintiff shall file a reply on or before February 3, 2025. It is further ORDERED that the parties shall file a joint status report regarding the production of non-Bryant materials on or before December 27, 2024. Signed by Judge Loren L. AliKhan on 10/28/2024. (lclla3) (Entered: 10/28/2024)
2024-10-3116Consent MOTION for Extension of Time to by UNITED STATES DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF INVESTIGATION. (Attachments: # 1 Text of Proposed Order)(Curteman, Dedra) (Entered: 10/31/2024)
2024-11-01MINUTE ORDER: Upon consideration of Defendants' consent motion for an extension of time 16 , it is hereby ORDERED that the motion is GRANTED and the following schedule shall govern partial summary judgment briefing with respect to the Bryant Audio: (1) Defendants shall file a motion for partial summary judgment on or before December 9, 2024; (2) Plaintiff shall file an opposition and cross-motion for partial summary judgment on or before January 17, 2025; (3) Defendants shall file a reply and opposition on or before February 21, 2025, and (4) Plaintiff shall file a reply on or before March 14, 2025. It is further ORDERED that the parties shall file a joint status report regarding the production of non-Bryant materials on or before December 27, 2024. Signed by Judge Loren L. AliKhan on 11/01/2024. (lclla3) (Entered: 11/01/2024)
2024-11-01Set/Reset Deadlines/Hearings: Defendants' Partial Summary Judgment motion due by 12/9/2024. Response due by 1/17/2025. Reply due by 2/21/2025. Plaintiff's Cross Motion due by 1/17/2025. Response to Cross Motion due by 2/21/2025. Reply to Cross Motion due by 3/14/2025. Joint Status Report due by 12/27/2024. (zcdw) (Entered: 11/01/2024)
2024-12-0917MOTION for Summary Judgment by UNITED STATES DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF INVESTIGATION. (Attachments: # 1 Declaration, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Text of Proposed Order)(Curteman, Dedra) (Entered: 12/09/2024)
2024-12-1918NOTICE OF WITHDRAWAL OF APPEARANCE as to KELLY DUDA. Attorney KatieLynn Boyd Townsend terminated. (Townsend, KatieLynn) (Entered: 12/19/2024)
2024-12-2719Joint STATUS REPORT by UNITED STATES DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF INVESTIGATION. (Curteman, Dedra) (Entered: 12/27/2024)
2024-12-30MINUTE ORDER: Upon consideration of the parties' Joint Status Report 19 , it is hereby ORDERED that the parties shall file another joint status report regarding the production of non-Bryant materials on or before February 25, 2025. Signed by Judge Loren L. AliKhan on 12/30/2024. (lclla3) (Entered: 12/30/2024)
2025-01-1620NOTICE of Appearance by Allyson Veile on behalf of KELLY DUDA (Veile, Allyson) (Entered: 01/16/2025)
2025-01-1721Cross MOTION for Partial Summary Judgment by KELLY DUDA. (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Declaration of Kelly Duda, # 4 Declaration of Allyson Veile, # 5 Exhibit 1-8 of Veile Decl., # 6 Exhibit 9-16 of Veile Decl., # 7 Exhibit 17-20 of Veile Decl., # 8 Declaration of Dale Killinger, # 9 Declaration of Keith Beauchamp, # 10 Text of Proposed Order)(Singh, Gunita) (Entered: 01/17/2025)
2025-01-1722Memorandum in opposition to re 17 Motion for Summary Judgment, filed by KELLY DUDA. (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Declaration of Kelly Duda, # 4 Declaration of Allyson Veile, # 5 Exhibit 1-8 of Veile Decl., # 6 Exhibit 9-16 of Veile Decl., # 7 Exhibit 17-20 of Veile Decl., # 8 Declaration of Dale Killinger, # 9 Declaration of Keith Beauchamp, # 10 Text of Proposed Order)(Singh, Gunita) (Entered: 01/17/2025)
2025-02-0723Consent MOTION for Extension of Time to File Response/Reply as to 17 MOTION for Summary Judgment by UNITED STATES DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF INVESTIGATION. (Attachments: # 1 Text of Proposed Order)(Curteman, Dedra) (Entered: 02/07/2025)
2025-02-0724Consent MOTION for Extension of Time to File Response/Reply as to 21 Cross MOTION for Partial Summary Judgment by UNITED STATES DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF INVESTIGATION. (Attachments: # 1 Text of Proposed Order)(Curteman, Dedra) (Entered: 02/07/2025)
2025-02-07MINUTE ORDER: Upon consideration of Defendants' Consent Motions for an Extension of Time to File a Response/Reply 23 24 , it is hereby ORDERED that the motions are GRANTED. Defendants shall file a reply in support of their partial motion for summary judgment 17 and an opposition to Plaintiff's partial motion for summary judgment 21 on or before February 28, 2025, and Plaintiff shall file a reply in support of his partial motion for summary judgment 21 on or before March 21, 2025. Signed by Judge Loren L. AliKhan on 2/7/2025. (lclla3) Modified on 2/7/2025 (mhp) (Entered: 02/07/2025)
2025-02-07***Deadlines terminated &Set/Reset Deadlines: Reply to Motion for Summary Judgment due by 2/28/2025. (mhp) (Entered: 02/07/2025)
2025-02-2525Joint STATUS REPORT by KELLY DUDA. (Singh, Gunita) (Entered: 02/25/2025)
2025-02-2526Consent MOTION for Extension of Time to File Response/Reply as to 21 Cross MOTION for Partial Summary Judgment , 17 MOTION for Summary Judgment by UNITED STATES DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF INVESTIGATION. (Attachments: # 1 Text of Proposed Order)(Curteman, Dedra) (Entered: 02/25/2025)
2025-02-26MINUTE ORDER: Upon consideration of the parties' Joint Status Report 25 , it is hereby ORDERED that the parties shall file another joint status report regarding the production of non-Bryant materials on or before April 25, 2025. Signed by Judge Loren L. AliKhan on 2/26/2025. (lclla3) (Entered: 02/26/2025)
2025-02-26MINUTE ORDER: Upon consideration of Defendants' Consent Motion for an Extension of Time 26 , it is hereby ORDERED that the motion is GRANTED. Defendants shall file a reply in support of their partial motion for summary judgment 17 and an opposition to Plaintiff's partial motion for summary judgment 21 on or before March 5, 2025, and Plaintiff shall file a reply in support of his partial motion for summary judgment 21 on or before March 26, 2025. Signed by Judge Loren L. AliKhan on 2/26/2025. (lclla3) (Entered: 02/26/2025)
2025-03-0427Consent MOTION for Leave to File Nunc Pro Tunc Statement of Undisputed Material Facts by UNITED STATES DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF INVESTIGATION. (Attachments: # 1 Statement of Facts, # 2 Text of Proposed Order)(Curteman, Dedra) (Entered: 03/04/2025)
2025-03-05MINUTE ORDER: Upon consideration of Defendants' Consent Motion for an Extension of Time 27 , it is hereby ORDERED that the motion is granted, nunc pro tunc . The Clerk of Court shall docket [27-1] as Defendants' Statement of Undisputed Material Facts. Signed by Judge Loren L. AliKhan on 3/5/2025. (lclla3) (Entered: 03/05/2025)
2025-03-05ENTERED IN ERROR.....MINUTE ORDER: It is hereby ORDERED that Defendants shall respond to Plaintiffs' Motion to Clarify 56 by 5:00 p.m. on March 7, 2025, and Plaintiffs shall file a reply, if any, by 5:00 p.m. on March 10, 2025. Signed by Judge Loren L. AliKhan on 3/5/2025. (lclla3) Modified on 3/5/2025; filed in incorrect case (mhp). (Entered: 03/05/2025)
2025-03-0528NOTICE of Statement of Undisputed Material Facts re 17 by UNITED STATES DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF INVESTIGATION (mg) Modified on 3/7/2025 to add link (mg). (Entered: 03/05/2025)
2025-03-0529REPLY to opposition to motion re 17 Motion for Summary Judgment, filed by UNITED STATES DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF INVESTIGATION. (Attachments: # 1 Seidel Supplemental Declaration)(Curteman, Dedra) (Entered: 03/05/2025)
2025-03-0530Memorandum in opposition to re 21 Motion for Partial Summary Judgment, filed by UNITED STATES DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF INVESTIGATION. (Attachments: # 1 Seidel Supplemental Declaration)(Curteman, Dedra) (Entered: 03/05/2025)
2025-03-0531ERRATA Response to Plaintiff's Statement of Undisputed Material Facts by UNITED STATES DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF INVESTIGATION re 30 Memorandum in Opposition. (Curteman, Dedra) (Entered: 03/05/2025)
2025-03-2632REPLY to opposition to motion re 21 Motion for Partial Summary Judgment, filed by KELLY DUDA. (Attachments: # 1 Statement of Facts (Response to Defendants'))(Singh, Gunita) (Entered: 03/26/2025)
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