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Case TitleBARRETT v. CENTRAL INTELLIGENCE AGENCY
DistrictEastern District of Pennsylvania
CityPhiladelphia
Case Number2:2016cv04279
Date Filed2016-08-08
Date Closed2017-07-28
JudgeHONORABLE CYNTHIA M. RUFE
PlaintiffDAVID BARRETT
Case DescriptionDavid Barrett, a professor of political science at Villanova, submitted three FOIA requests to the CIA for an unredacted copy of Volume 5 of the CIA's history of the Bay of Pigs invasion. The first request was denied based on the fact that the D.C. Circuit had ruled that the volume was protected by Exemption 5. His second request was still being considered. However, Barrett submitted a FOIA request on July 1, 2016, after FOIA was amended to prohibit agencies from claiming the deliberative process privilege for records more than 25 years old. The agency cancelled Barrett's third request on the basis that his second request for the same document had not yet been resolved. Barrett then filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

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

2016-08-081COMPLAINT against CENTRAL INTELLIGENCE AGENCY ( Filing fee $ 400 receipt number 144791.), filed by DAVID BARRETT. (Attachments: # 1 Civil Cover Sheets)(tj, ) (Entered: 08/08/2016)
2016-08-08Summons 3 Issued; 2 Given to Counsel and 1 Forwarded to the U.S. Attorney's Office 8/8/16 as to CENTRAL INTELLIGENCE AGENCY. (tj, ) (Entered: 08/08/2016)
2016-08-112Acceptance of Service by U.S. Attorney Re: accepted summons and complaint on behalf of the United States Attorney (only). (sg, ) (Entered: 08/11/2016)
2016-08-183AFFIDAVIT of Service by Tuan N. Samahon re: served summons and complaint upon U.S. Attorney General Loretta Lynch by U.S. certified mail on 08/15/2016 (SAMAHON, TUAN) (Entered: 08/18/2016)
2016-08-184AFFIDAVIT of Service by Tuan Samahon re: served summons and complaint upon Central Intelligence Agency by U.S. certified mail on 08/15/2016 (SAMAHON, TUAN) (Entered: 08/18/2016)
2016-08-195STIPULATION AND ORDER THAT DEFENDANT CENTRAL INTELLIGENCE AGENCY MAY HAVE UNTIL 10/11/2016 TO RESPOND TO PLAINTIFFS COMPLAINT. SIGNED BY HONORABLE CYNTHIA M. RUFE ON 8/18/2016. 8/22/2016 ENTERED AND COPIES E-MAILED.(sg, ) (Entered: 08/22/2016)
2016-10-046MOTION for Extension of Time to File Answer re 1 Complaint (UNCONTESTED) filed by CENTRAL INTELLIGENCE AGENCY.Local Rule 7.1(b) Certificate that Motion is Uncontested, Certificate of Service.(SULLIVAN, GERALD) (Entered: 10/04/2016)
2016-10-047ORDER THAT DEFENDANTS MOTION (DOC. 6 ) FOR A SECOND 30 DAY ENLARGMENT OF ITS TIME TO RESPOND TO PLAINTIFF'S COMPLAINT IS GRANTED. DEFENDANTS RESPONSE TO THE COMPLAINT SHALL BE DUE BY NO LATER THAN 11/10/2016. SIGNED BY HONORABLE CYNTHIA M. RUFE ON 10/4/2016.10/5/2016 ENTERED AND COPIES E-MAILED.(sg, ) (Entered: 10/05/2016)
2016-11-048ANSWER to 1 Complaint and Affirmative Defenses by CENTRAL INTELLIGENCE AGENCY.(SULLIVAN, GERALD) (Entered: 11/04/2016)
2016-11-149ORDER, THAT A RULE 16 CONFERENCE SET FOR 12/2/2016 04:30 PM BEFORE HONORABLE CYNTHIA M. RUFE. SIGNED BY HONORABLE CYNTHIA M. RUFE ON 11/10/2016. 11/15/2016 ENTERED AND COPIES E-MAILED.(sg, ) (Entered: 11/15/2016)
2016-11-2310STATUS REPORT by DAVID BARRETT. (SAMAHON, TUAN) (Entered: 11/23/2016)
2016-12-0211//Jointly Proposed Briefing Schedule (with jointly proposed order) by plaintiff David Barrett and by CENTRAL INTELLIGENCE AGENCY. (SULLIVAN, GERALD) Modified on 12/5/2016 (fb). (Entered: 12/02/2016)
2016-12-0912ORDER THAT THE FOLLOWING SCHEDULE LISTED HEREIN SHALL GOVERN BRIEFING IN THIS ACTION AS OUTLINED. SIGNED BY HONORABLE CYNTHIA M. RUFE ON 12/9/2016. 12/9/2016 ENTERED AND COPIES E-MAILED.(sg, ) (Entered: 12/09/2016)
2016-12-3013MOTION for Attorney Fees filed by DAVID BARRETT.Certificate of Service. (Attachments: # 1 Text of Proposed Order, # 2 Memorandum, # 3 Exhibit)(SAMAHON, TUAN) (Entered: 12/30/2016)
2017-01-2314RESPONSE in Opposition re 13 MOTION for Attorney Fees filed by CENTRAL INTELLIGENCE AGENCY. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(SULLIVAN, GERALD) (Entered: 01/23/2017)
2017-01-3015REPLY to Response to Motion re 13 MOTION for Attorney Fees filed by DAVID BARRETT. (Attachments: # 1 Exhibit Samahon Declaration, Lyon Declaration, Table of Hours, # 2 Certificate of Service)(SAMAHON, TUAN) (Entered: 01/30/2017)
2017-03-3016LETTER TO JUDGE RUFE FROM BETH LYON, DATED 2/13/2017, RE: MATERIAL RELEASED TO PLAINTIFF. (sg, ) (Entered: 03/31/2017)
2017-07-2817ORDER THAT PLAINTIFF'S MOTION FOR ATTORNEY FEES (DOC. 13 ) IS GRANTED IN PART AND PLAINTIFF IS AWARDED $29,754 IN ATTORNEYS' FEES AND COSTS. IT IS FURTHER ORDERED THAT THE CLERK OF COURT SHALL CLOSE THIS CASE. SIGNED BY HONORABLE CYNTHIA M. RUFE ON 7/28/2017. 7/28/2017 ENTERED AND COPIES E-MAILED.(sg, ) (Entered: 07/28/2017)
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