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Case TitleBENJAMIN v. U.S. DEPARTMENT OF STATE
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2015cv00160
Date Filed2015-02-02
Date Closed2016-04-12
JudgeJudge Amy Berman Jackson
PlaintiffRICHARD BENJAMIN
Case DescriptionRichard Benjamin, a scholar researching the U.S. government's role in the ouster of Haitian president Daniel Fignole in 1957, submitted a FOIA request to the National Archives for records contained in a specific document set that originated with the Department of State. NARA responded by telling Benjamin that the State Department had redacted portions of 12 pages under Exemption 1 (national security). Benjamin appealed the decision to the State Department, which upheld its decision. Benjamin then filed suit.
Complaint issues: Exemption 1 - Properly classified, Litigation - Attorney's fees

DefendantU.S. DEPARTMENT OF STATE
AppealD.C. Circuit 16-5175
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Opinion/Order [28]
FOIA Project Annotation: Judge Amy Berman Jackson has ruled that the State Department properly withheld small portions of two June 1957 cables concerning the coup in Haiti under Exemption 1 (national security). Researcher Richard Benjamin requested records about the role of the United States in the June 1957 coup. He specifically requested several State Department cables. NARA told Benjamin that the State Department had redacted portions of four cables under Exemption 1. Benjamin appealed and the State Department upheld its decision. Benjamin then filed suit. The State Department disclosed one of the cables in full, but continued to assert Exemption 1 for slight redactions for two of the cables. After reviewing the agency's classified affidavit in camera, Jackson agreed with the agency that the redactions were appropriate, noting that "the Court is satisfied that the State Department has put forth a 'plausible' and 'logical' argument in support of its invocation of Exemption 1, and, therefore, the Court will grant defendant's motion for summary judgment."
Issues: Exemption 1 - Properly classified
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2015-02-021COMPLAINT against U.S. DEPARTMENT OF STATE ( Filing fee $ 400 receipt number 0090-3981714) filed by RICHARD BENJAMIN. (Attachments: # 1 Civil Cover Sheet, # 2 Summons to U.S. Department of State, # 3 Summons to U.S. Department State c/o USAO, # 4 Summons to U.S. Department of State c/o USAG)(Free, R.) (Entered: 02/02/2015)
2015-02-02Case Assigned to Judge Amy Berman Jackson. (rd) (Entered: 02/03/2015)
2015-02-032ENTERED IN ERROR.....SUMMONS (3) Issued Electronically as to U.S. DEPARTMENT OF STATE, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Summons, # 2 Summons, # 3 Consent Form, # 4 Notice of Consent)(rd) Modified on 2/6/2015 (zjf, ). (Entered: 02/03/2015)
2015-02-033ERRATA by RICHARD BENJAMIN 1 Complaint, filed by RICHARD BENJAMIN. (Attachments: # 1 Errata Complaint (corrected caption), # 2 Civil Cover Sheet (corrected format), # 3 Summons to U.S. Dept. of State (corrected format), # 4 Summons to U.S. Department of State c/o USAO D.D.C. (corrected format), # 5 Summons to U.S. Department of State c/o USAG (corrected format))(Free, R.) (Entered: 02/03/2015)
2015-02-06NOTICE OF CORRECTED DOCKET ENTRY: Document No. re 2 Summons Issued Electronically as to AUSA, was entered in error and counsel was instructed to refile said pleading using the FOIA Summons. (zjf, ) (Entered: 02/06/2015)
2015-02-064REQUEST FOR SUMMONS TO ISSUE (corrected) by RICHARD BENJAMIN filed by RICHARD BENJAMIN. (Attachments: # 1 Summons to U.S. Attorney General, # 2 Summons to U.S. Attorney)(Free, R.) (Entered: 02/06/2015)
2015-02-065SUMMONS (3) Issued Electronically as to U.S. DEPARTMENT OF STATE, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Consent Form, # 2 Notice of Consent)(rd) (Entered: 02/06/2015)
2015-02-236RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 2/18/2015. Answer due for ALL FEDERAL DEFENDANTS by 3/20/2015. (Attachments: # 1 Summons Returned Executed as to State Department, # 2 Summons Returned Executed as to Attorney General)(Free, R.) (Entered: 02/23/2015)
2015-02-237RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF STATE served on 2/18/2015. (See Docket Entry 6 to view document) (jf, ) (Entered: 02/24/2015)
2015-03-128NOTICE of Appearance by Jeremy S. Simon on behalf of U.S. DEPARTMENT OF STATE (Simon, Jeremy) (Entered: 03/12/2015)
2015-03-129Consent MOTION for Extension of Time to Answer or Otherwise Respond to Complaint by U.S. DEPARTMENT OF STATE (Attachments: # 1 Proposed Order)(Simon, Jeremy) (Entered: 03/12/2015)
2015-03-13MINUTE ORDER granting 9 Consent Motion for Extension of Time. It is ORDERED that defendant's response to the complaint is due on or before April 20, 2015. Signed by Judge Amy Berman Jackson on 3/13/2015. (lcabj3) (Entered: 03/13/2015)
2015-03-15Set/Reset Deadlines: Defendant's Response to the Complaint is now due by 4/20/2015. (jth) (Entered: 03/15/2015)
2015-04-2010ANSWER to Complaint by U.S. DEPARTMENT OF STATE.(Simon, Jeremy) (Entered: 04/20/2015)
2015-04-2011ORDER. 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. Accordingly, defendant shall file a dispositive motion or, in the alternative, a report setting forth the schedule according to which it will complete its production of documents to plaintiff on or before May 19, 2015. See order for details. Signed by Judge Amy Berman Jackson on 4/20/2015. (lcabj3) (Entered: 04/20/2015)
2015-04-22Set/Reset Deadlines: Defendant's Dispositive Motion or, in the alternative, Status Report setting forth the schedule according to which it will complete its production of documents to plaintiff is due by 5/19/2015. (jth) (Entered: 04/22/2015)
2015-05-1412Consent MOTION for Extension of Time to File Motion for Summary Judgment and for Establishment of Briefing Schedule by U.S. DEPARTMENT OF STATE (Attachments: # 1 Proposed Order)(Simon, Jeremy) (Entered: 05/14/2015)
2015-05-14MINUTE ORDER granting 12 Consent Motion for Extension of Time. It is ORDERED that defendant's motion for summary judgment shall be due on or before June 24, 2015. It is FURTHER ORDERED that plaintiff's opposition shall be due on or before July 27, 2015. And it is FURTHER ORDERED that defendant's reply shall be due on or before August 25, 2015. Signed by Judge Amy Berman Jackson on 5/14/2015. (lcabj3) (Entered: 05/14/2015)
2015-05-14Set/Reset Deadlines: Defendant's Motion for Summary Judgment is due by 6/24/2015; Plaintiff's Opposition is due by 7/27/2015; Defendant's reply is due by 8/25/2015. (jth) (Entered: 05/14/2015)
2015-06-2313Unopposed MOTION for Extension of Time to File Motion for Summary Judgment and for Adjustment of Related Deadlines by U.S. DEPARTMENT OF STATE (Attachments: # 1 Proposed Order)(Simon, Jeremy) (Entered: 06/23/2015)
2015-06-23MINUTE ORDER granting 13 Unopposed Motion for Extension of Time. It is ORDERED that defendant's motion for summary judgment is due on or before July 24, 2015. It is FURTHER ORDERED that plaintiff's opposition is due on or before August 28, 2015. And it is FURTHER ORDERED that defendant's reply is due on or before September 28, 2015. Signed by Judge Amy Berman Jackson on 6/23/2015. (lcabj3) (Entered: 06/23/2015)
2015-06-24Set/Reset Deadlines: Defendant's Motion for Summary Judgment is due by 7/24/2015; Plaintiff's Opposition is due by 8/28/2015; Defendant's Reply is due by 9/28/2015. (jth) (Entered: 06/24/2015)
2015-07-1614MOTION for Leave to Submit Declaration Under Seal and Ex Parte, In Camera In Support Of Motion for Summary Judgment by U.S. DEPARTMENT OF STATE (Attachments: # 1 Proposed Order)(Simon, Jeremy) (Entered: 07/16/2015)
2015-07-20MINUTE ORDER granting 14 Motion for Leave to Submit Declaration Under Seal and Ex Parte, In Camera. "The receipt of in camera affidavits... when necessary, [is] 'part of a trial judge's procedural arsenal.'" Arieff v. U.S. Dep't of Navy, 712 F.2d 1462, 1469 (D.C. Cir. 1982), quoting United States v. Southland, 700 F.2d 1, 11 (1st Cir. 1983). In the event plaintiff files an objection to defendant's motion for leave to file in camera materials, the Court intends to rule on the question of whether withholding the pleading from plaintiff, in full or in part, is justified after it has received and reviewed what it is that the defendant seeks to file. See Lykins v. U.S. Dep't of Justice, 725 F.2d 1455, 1465 (D.C. Cir. 1984) (stating that a court considering litigation materials filed in camera "should be certain to make the public record as complete as possible"). Signed by Judge Amy Berman Jackson on 7/20/15. (lcabj3) (Entered: 07/20/2015)
2015-07-2415NOTICE (Defendant's Notice of Submission ofIn Camera Ex Parte Declaration) by U.S. DEPARTMENT OF STATE (Simon, Jeremy) (Entered: 07/24/2015)
2015-07-2416MOTION for Summary Judgment by U.S. DEPARTMENT OF STATE (Attachments: # 1 Proposed Order, # 2 Declaration of John F. Hackett)(Simon, Jeremy) (Entered: 07/24/2015)
2015-08-2417Consent MOTION for Extension of Time to File Response/Reply as to 16 MOTION for Summary Judgment by RICHARD BENJAMIN (Attachments: # 1 Text of Proposed Order)(Free, R.) (Entered: 08/24/2015)
2015-08-25MINUTE ORDER granting Consent Motion for Extension of Time 17 . It is ORDERED that plaintiff's response to defendant's motion for summary judgment shall be due on or before September 11, 2015. It is FURTHER ORDERED that defendant's reply shall be due on or before October 13, 2015. Signed by Judge Amy Berman Jackson on 8/25/2015. (lcabj3) (Entered: 08/25/2015)
2015-09-1118Consent MOTION to Stay Briefing for Sixty Days by RICHARD BENJAMIN (Attachments: # 1 Text of Proposed Order)(Free, R.) (Entered: 09/11/2015)
2015-09-15MINUTE ORDER granting 18 Consent Motion to Stay Briefing. It is ORDERED that the briefing on defendant's motion for summary judgment 16 is hereby STAYED until November 13, 2015. It is FURTHER ORDERED that plaintiff's motion to amend the complaint shall be filed on or before September 18, 2015. Signed by Judge Amy Berman Jackson on 9/15/2015. (lcabj3) (Entered: 09/15/2015)
2015-09-16Set/Reset Deadlines: Briefing on Defendant's Motion for Summary Judgment (Dkt. #16) is Stayed until 11/13/2015. Plaintiff's Motion to Amend the Complaint is due by 9/18/2015. (jth) (Entered: 09/16/2015)
2015-09-1819AMENDED COMPLAINT against U.S. DEPARTMENT OF STATE filed by RICHARD BENJAMIN.(Free, R.) (Entered: 09/18/2015)
2015-09-24MINUTE ORDER. In light of the amended complaint 19 , it is ORDERED that defendant's motion for summary judgment 16 is DENIED as moot. The denial is without prejudice, and any renewed motion may be supported by the memorandum defendant already filed and any necessary supplement. Signed by Judge Amy Berman Jackson on 9/24/2015. (lcabj3) (Entered: 09/24/2015)
2015-10-1520Joint STATUS REPORT and Proposed Briefing Schedule by U.S. DEPARTMENT OF STATE. (Simon, Jeremy) (Entered: 10/15/2015)
2015-10-15MINUTE ORDER. In light of the 20 Joint Status Report, IT IS ORDERED that defendants answer to the 19 amended complaint shall be filed on or before October 30, 2015. IT IS FURTHER ORDERED that defendants motion for summary judgment shall be filed on or before December 3, 2015. IT IS FURTHER ORDERED that plaintiffs opposition shall be filed on or before January 8, 2016. And it is FURTHER ORDERED that defendants reply shall be filed on or before February 8, 2016. Signed by Judge Amy Berman Jackson on 10/15/2015 (lcabj3) (Entered: 10/15/2015)
2015-10-15Set/Reset Deadlines: Defendant's Answer to the Amended Complaint is due by 10/30/2015; Defendant's Motion for Summary Judgment is due by 12/3/2015; Plaintiffs Opposition is due by 1/8/2016; Defendant's Reply, is due by 2/8/2016. (jth) (Entered: 10/15/2015)
2015-10-3021ANSWER to 19 Amended Complaint by U.S. DEPARTMENT OF STATE. Related document: 19 Amended Complaint filed by RICHARD BENJAMIN.(Simon, Jeremy) (Entered: 10/30/2015)
2015-12-0322MOTION for Summary Judgment , Local Rule 7(h) Statement and Supporting Memorandum by U.S. DEPARTMENT OF STATE (Attachments: # 1 Proposed Order, # 2 Declaration of John F. Hackett, # 3 Exhibit A (letter dated Dec. 3, 2015))(Simon, Jeremy) (Entered: 12/03/2015)
2015-12-0323NOTICE of Submission of In Camera Ex Parte Declaration by U.S. DEPARTMENT OF STATE re 22 MOTION for Summary Judgment , Local Rule 7(h) Statement and Supporting Memorandum (Simon, Jeremy) (Entered: 12/03/2015)
2016-01-1324MOTION for Extension of Time to File Response/Reply as to 22 MOTION for Summary Judgment , Local Rule 7(h) Statement and Supporting Memorandum (Late-Filed) by RICHARD BENJAMIN (Attachments: # 1 Text of Proposed Order)(Free, R.) (Entered: 01/13/2016)
2016-01-14MINUTE ORDER granting plaintiff's 24 Motion for an Extension of Time. Plaintiff's response to defendant's 22 Motion for Summary Judgment shall be filed by January 19, 2016. Defendant's reply brief shall be filed by February 24, 2016. SO ORDERED. Signed by Judge Amy Berman Jackson on 1/14/2016. (lcabj3) (Entered: 01/14/2016)
2016-01-1925RESPONSE re 22 MOTION for Summary Judgment , Local Rule 7(h) Statement and Supporting Memorandum and Objection to Decision Based on In Camera, Ex Parte Review filed by RICHARD BENJAMIN. (Free, R.) (Entered: 01/19/2016)
2016-02-2426REPLY to opposition to motion re 22 MOTION for Summary Judgment , Local Rule 7(h) Statement and Supporting Memorandum filed by U.S. DEPARTMENT OF STATE. (Simon, Jeremy) (Entered: 02/24/2016)
2016-04-1227ORDER. Pursuant to Federal Rules of Civil Procedure 56 and 58, and for the reasons stated in the accompanying Memorandum Opinion, it is hereby ORDERED that defendant's 22 Renewed Motion for Summary Judgment is GRANTED. Signed by Judge Amy Berman Jackson on 4/12/2016. (lcabj3) (Entered: 04/12/2016)
2016-04-1228MEMORANDUM OPINION. Signed by Judge Amy Berman Jackson on 4/12/2016. (lcabj3) (Entered: 04/12/2016)
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