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Case TitleELGABROWNY v. CENTRAL INTELLIGENCE AGENCY et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2017cv00066
Date Filed2017-01-11
Date Closed2021-11-02
JudgeJudge Tanya S. Chutkan
PlaintiffIBRAHIM ELGABROWNY
Case DescriptionIbrahim Elgabrowny, convicted of conspiracy charges relating to the 1993 World Trade Center bombing, submitted FOIA requests to the CIA and the Justice Department for records concerning his trial. He also submitted a FOIA request to the Department of State. The agencies acknowledged receipt of the requests. The CIA denied his request for expedited processing. After hearing nothing further from the agencies, Elgabrowny filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Recovery of Costs

DefendantCENTRAL INTELLIGENCE AGENCY
DefendantJOHN BERNNAN CIA Director
TERMINATED: 01/11/2017
DefendantU.S. DEPARTMENT OF JUSTICE
DefendantU.S. DEPARTMENT OF JUSTICE
TERMINATED: 03/28/2020
DefendantEXECUTIVE OFFICE OF THE U.S. ATTORNEY'S
TERMINATED: 01/11/2017
DefendantEXECUTIVE OFFICE OF THE U.S. ATTORNEY'S
DefendantFEDERAL BUREAU OF INVESTIGATION
TERMINATED: 01/11/2017
DefendantFEDERAL BUREAU OF INVESTIGATION
DefendantLORETTA E. LYNCH U.S. Attorney General
TERMINATED: 01/11/2017
DefendantU.S. DEPARTMENT OF STATE
DefendantJOHN KERRY Secretary of State
TERMINATED: 01/11/2017
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Opinion/Order [58]
FOIA Project Annotation: Judge Tanya Chutkan has ruled that the CIA, the FBI, but not EOUSA, conducted an adequate search for records pertaining to the investigation of the 1993 World Trade Center bombing and properly withheld many of the records under a variety of exemptions from Ibrahim Elgabrowny, who was one of the individuals convicted as a result of the investigation. Elgabrowny submitted several requests to the FBI, including one for records on Ramzi Ahmad Yousef, considered the mastermind of the plot. The FBI issued a Glomar response neither confirming nor denying the existence of records but after Elgabrowny filed suit, the FBI withdrew its Glomar defense as to Yousef after deciding that the court records acknowledged that Yousef had been interviewed. In his request to the CIA, Elgabrowny asked for Exhibit C, a 1994 classified exhibit provided to the trial court, and records that mentioned Elgabrowny. The CIA primarily argued that it had no records responsive to Elgabrowny's request. Elgabrowny requested Exhibit C from EOUSA as well and asked the agency to search its field offices in the Southern District of New York. Elgabrowny challenged the adequacy of the FBI's search by referencing Trentadue v. FBI, a 2008 District of Utah decision about the 1995 Oklahoma City bombing finding that the FBI had failed to search for records in a certain location. But Chutkan noted that Trentadue had no relevance here. She pointed out that "here, there is no information indicating that the requested documents may have been misfiled or withheld from the case file. Moreover, a plaintiff's search preferences cannot dictate the reasonableness of the scope of an agency's FOIA search." Chutkan found EOUSA's search wanting. She pointed out that its affidavit "offers no other details regarding the search methodology or what sources were investigated. It follows that the court also has no information as to why these unidentified sources were searched as a result of the request. The search terms are not provided and cannot be inferred." Chutkan agreed with the CIA that Exhibit C was the only record Elgabrowny was seeking from the agency. The agency had withheld Exhibit C entirely, citing Exemption 3 (other statutes). Elgabrowny argued that the agency had not shown that disclosure would cause harm to national security. Rejecting that claim, Chutkan noted that "the National Security Act does not require the CIA to find that disclosure would be expected to harm national security. Nevertheless, the court finds that revealing the information in Exhibit C could reasonably be expected to cause serious damage to national security."
Issues: Exemption 3 - Statutory prohibition of disclosure, Adequacy - Search
Opinion/Order [82]
FOIA Project Annotation: Judge Tanya Chutkan has ruled that the Executive Office of U.S. Attorneys conducted an adequate search for Exhibit C, a document that was part of the court record of the prosecution of Ibrahim Elgabrowny for conspiracy to blow up the World Trade Center in 1993, even though the agency was unable to locate the document after multiple searches. Elgabrowny made two separate requests â€" one for Exhibit C and another for a July 22, 1994 letter sent by the government to Elgabrowny's defense counsel informing him that the government had filed a petition for non-disclosure of classified information. However, EOUSA consolidated the requests and acted as if the two documents were the same. Chutkan noted that "while the two documents share commonalities, and were purportedly executed around the same time, Plaintiff has specified that they are separate documents." EOUSA also informed Elgabrowny that Exhibit C had been filed under seal and therefore could not be released. EOUSA concluded that the only likely location of Exhibit C was in the files of the U.S. Attorney's Office for the Southern District of New York. But after conducting a search "USAO-SDNY informed EOUSA that it could not locate Exhibit C, but that the case docket indicated that it once existed and had been filed under seal." EOUSA also decided that a May 26, 1994 letter written by Robert S. Khuzami was responsive to Elgabrowny's request and released it, although it never located either the July 22, 1994 letter or Exhibit C. Elgabrowny argued that EOUSA was intentionally concealing the document and suggested that a memorandum on court security procedures made EOUSA responsible for archiving the records. But Chutkan pointed out that the memo's "plain language clearly delegates post-trial responsibility for handling classified information to the court, not the relevant agency." Elgabrowny argued that the agency should have looked for other documents that referred to Exhibit C. But Chutkan observed that "plaintiff indisputably sought one page, Exhibit C, and despite the fact that he knew the Declarations and Memorandum existed, he declined to request them. Plaintiff went so far as to instruct EOUSA to refrain from searching its case files, which the agency nonetheless endeavored to do. EOUSA has therefore 'not run afoul of FOIA by failing to search for or produce records' that were not part of his narrowly-tailored Request."
Issues: Search - Reasonableness of search
Opinion/Order [97]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2017-01-111COMPLAINT against JOHN BERNNAN, CENTRAL INTELLIGENCE AGENCY, EXECUTIVE OFFICE OF THE U.S. ATTORNEY'S, FEDERAL BUREAU OF INVESTIGATION, JOHN KERRY, LORETTA E. LYNCH, U.S. DEPARTMENT OF JUSTICE, U.S. DEPARTMENT OF STATE filed by IBRAHIM ELGABROWNY. (Attachments: # 1 Part 2 of Complaint, # 2 Civil Cover Sheet)(td) (Entered: 01/12/2017)
2017-01-112MOTION for Leave to Proceed in forma pauperis by IBRAHIM ELGABRONY (td). (Entered: 01/12/2017)
2017-01-113PRISONER ACCOUNT STATEMENT by IBRAHIM ELGABROWNY (td) (Entered: 01/12/2017)
2017-01-114ORDER directing an initial partial filing fee in the amount of $17.74 from Prison Account of IBRAHIM ELGABRONY and granting MOTION for Leave to Proceed In Forma Pauperis (see order for full details). Signed by Chief Judge Beryl A. Howell on 1/9/17. (td) . (Entered: 01/12/2017)
2017-01-115ORDERED that this civil action shall proceed under the Freedom of Information Act against the Central Intelligence Agency, the United States Department of Justice and the United States Department of State. John O. Brennan, Loretta E. Lynch and John Kerry are DISMISSED WITH PREJUDICE as party defendants. (See order for further details.). Signed by Chief Judge Beryl A. Howell on 1/9/17. (td) (Entered: 01/12/2017)
2017-01-176SUMMONS (3) Issued as to CENTRAL INTELLIGENCE AGENCY, U.S. DEPARTMENT OF JUSTICE, U.S. DEPARTMENT OF STATE, U.S. Attorney and U.S. Attorney General (jd) (Entered: 01/18/2017)
2017-01-307RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. LORETTA E. LYNCH served on 1/25/2017; U.S. DEPARTMENT OF JUSTICE served on 1/25/2017, RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 1/25/2017., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 1/25/2017. ( Answer due for ALL FEDERAL DEFENDANTS by 3/26/2017.) (jf) (Entered: 01/31/2017)
2017-02-14Partial Filing Fee Received from IBRAHIM ELGABRONY in the amount of $17.74, receipt number: 4616082941. (zrdj) (Entered: 02/15/2017)
2017-02-158RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to Defendant U.S. Department of State. (td) (Entered: 02/27/2017)
2017-03-219RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. CENTRAL INTELLIGENCE AGENCY served on 2/6/2017 (td) (Entered: 03/22/2017)
2017-03-2410First MOTION for Extension of Time to File Answer re 1 Complaint, by CENTRAL INTELLIGENCE AGENCY, U.S. DEPARTMENT OF JUSTICE, U.S. DEPARTMENT OF STATE (Attachments: # 1 Text of Proposed Order)(Kelly, Wynne) (Entered: 03/24/2017)
2017-03-2711NOTICE of Change of Address by IBRAHIM ELGABROWNY (td) (Entered: 03/29/2017)
2017-03-29MINUTE ORDER: Defendants' 10 Motion for Extension of Time is granted. The Answer or other response to the Complaint is due by April 26, 2017. Signed by Judge Tanya S. Chutkan on 3/29/17. (ms) (Entered: 03/29/2017)
2017-03-30Set/Reset Deadlines: Answer due by 4/26/2017. (tb) (Entered: 03/30/2017)
2017-03-3112NOTICE OF SUBSTITUTION OF COUNSEL by Joshua L. Rogers on behalf of All Defendants Substituting for attorney Wynne Kelly (Rogers, Joshua) (Entered: 03/31/2017)
2017-04-1313Mail Returned as undeliverable: Minute Order filed on 03/29/17 was returned and re-mailed to the defendant. Defendant's registration number was wrong. Minute Order re-mailed on 04/13/17. (tb) (Entered: 04/13/2017)
2017-04-2114Second MOTION for Extension of Time to File Answer or Other Responsive Document by JOHN BERNNAN, CENTRAL INTELLIGENCE AGENCY, EXECUTIVE OFFICE OF THE U.S. ATTORNEY'S, FEDERAL BUREAU OF INVESTIGATION, JOHN KERRY, LORETTA E. LYNCH, U.S. DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Rogers, Joshua) (Entered: 04/21/2017)
2017-04-24MINUTE ORDER: Defendants' 14 Motion for Extension of Time is granted, and their Answer or other response to the Complaint is due by June 12, 2017. Signed by Judge Tanya S. Chutkan on 4/24/17. (ms) (Entered: 04/24/2017)
2017-04-25Set/Reset Deadlines: Answer due by 6/12/2017. (tb) (Entered: 04/25/2017)
2017-06-1215ANSWER to 1 Complaint, with Jury Demand by JOHN BERNNAN, CENTRAL INTELLIGENCE AGENCY, EXECUTIVE OFFICE OF THE U.S. ATTORNEY'S, FEDERAL BUREAU OF INVESTIGATION, JOHN KERRY, LORETTA E. LYNCH, U.S. DEPARTMENT OF JUSTICE, U.S. DEPARTMENT OF STATE.(Rogers, Joshua) (Entered: 06/12/2017)
2017-06-1416ORDER directing defendants to file a status report by July 7, 2017. Signed by Judge Tanya S. Chutkan on 6/14/17. (ms) (Entered: 06/14/2017)
2017-06-14Set/Reset Deadlines: Status Report due by 7/7/2017. (tb) (Entered: 06/14/2017)
2017-06-2917MOTION for Leave to File for Plaintiff to submit his first Amended Complaint by IBRAHIM ELGABROWNY (Attachments: # 1 Envelope)(td) (Entered: 06/30/2017)
2017-07-0718STATUS REPORT by CENTRAL INTELLIGENCE AGENCY, U.S. DEPARTMENT OF JUSTICE, U.S. DEPARTMENT OF STATE. (Attachments: # 1 Text of Proposed Order)(Rogers, Joshua) (Entered: 07/07/2017)
2017-07-07MINUTE ORDER: Upon consideration of Defendants' Status Report, it is hereby ORDERED that Plaintiff's unopposed "Motion for a Court Leave for Plaintiff to Submit His First Amended Complaint" 17 is GRANTED. It is FURTHER ORDERED that Defendants shall file an Answer or otherwise respond to the Amended Complaint by July 28, 2017, and shall file a Status Report by August 4, 2017 on the progress of their production of records responsive to Plaintiff's FOIA request(s). Signed by Judge Tanya S. Chutkan on 7/7/17. (ms) (Entered: 07/07/2017)
2017-07-0725FIRST AMENDED COMPLAINT against CENTRAL INTELLIGENCE AGENCY, U.S. DEPARTMENT OF JUSTICE, U.S. DEPARTMENT OF STATE filed by IBRAHIM ELGABROWNY. (Attachments: # 1 Part 2 of 5, # 2 Part 3 of 5, # 3 Part 4 of 5, # 4 Part 5 of 5)(td) (Entered: 09/18/2017)
2017-07-10Set/Reset Deadlines: Answer due by 7/28/2017. Status Report due by 8/4/2017. (tb) (Entered: 07/10/2017)
2017-07-1119MOTION to Clarify by CENTRAL INTELLIGENCE AGENCY, EXECUTIVE OFFICE OF THE U.S. ATTORNEY'S, FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE, U.S. DEPARTMENT OF STATE (Attachments: # 1 Text of Proposed Order)(Rogers, Joshua) (Entered: 07/11/2017)
2017-07-25MINUTE ORDER: Granting 19 Motion to Clarify. Defendants shall file an Answer or otherwise respond to the Amended Complaint by July 28, 2017, and shall file a Status Report by August 4, 2017, on the progress of their production of records responsive to Plaintiff's FOIA request(s). Defendants shall be relieved of the obligation to respond to the Amended Complaint in full and may instead file a Supplemental Answer that solely responds to paragraphs 75 to 80 and 115 to 118 of the Amended Complaint. Signed by Judge Tanya S. Chutkan on 7/25/17. (DJS) (Entered: 07/25/2017)
2017-07-26Set/Reset Deadlines: Answer due by 7/28/2017. Status Report due by 8/4/2017. (tb) (Entered: 07/26/2017)
2017-07-2820ANSWER to Complaint with Jury Demand to Plaintiff's Amended Complaint by JOHN BERNNAN, CENTRAL INTELLIGENCE AGENCY, EXECUTIVE OFFICE OF THE U.S. ATTORNEY'S, FEDERAL BUREAU OF INVESTIGATION, JOHN KERRY, LORETTA E. LYNCH, U.S. DEPARTMENT OF JUSTICE, U.S. DEPARTMENT OF STATE.(Rogers, Joshua) (Entered: 07/28/2017)
2017-08-0421STATUS REPORT by CENTRAL INTELLIGENCE AGENCY, U.S. DEPARTMENT OF JUSTICE, U.S. DEPARTMENT OF STATE. (Rogers, Joshua) (Entered: 08/04/2017)
2017-08-07MINUTE ORDER: On consideration of 21 Defendants' Status Report, it is hereby ORDERED that Defendants shall file a Status Report by September 5, 2017 on the progress of the agencies' responses to Plaintiff's FOIA requests and a proposed schedule for dispositive motions. Signed by Judge Tanya S. Chutkan on 8/7/17. (ms) (Entered: 08/07/2017)
2017-08-07Set/Reset Deadlines: Defendants Status Report due by 9/5/2017. (tb) (Entered: 08/07/2017)
2017-08-1722NOTICE correcting inmate number by IBRAHIM ELGABROWNY (td) (Entered: 08/21/2017)
2017-09-0523MOTION for Extension of Time to file Status Report by JOHN BERNNAN, CENTRAL INTELLIGENCE AGENCY, EXECUTIVE OFFICE OF THE U.S. ATTORNEY'S, FEDERAL BUREAU OF INVESTIGATION, JOHN KERRY, LORETTA E. LYNCH, U.S. DEPARTMENT OF JUSTICE, U.S. DEPARTMENT OF STATE (Attachments: # 1 Text of Proposed Order)(Rogers, Joshua) (Entered: 09/05/2017)
2017-09-06MINUTE ORDER: Granting 23 Motion for Extension of Time to File Status Report. Defendant shall file a Status Report, proposed schedule and proposed order by by 9/12/17. The Court will view further requests for an extension with disfavor. Additionally, the Defendant shall resend a copy of its motion 23 to the Plaintiff using his correct inmate number (R28054-054) and file an updated certificate of service. The Clerk of the Court shall mail a copy of this order to: IBRAHIM ELGABROWNY, R28054-054, ELKTON FEDERAL CORRECTIONAL INSTITUTION, Inmate Mail/Parcels, P.O. BOX 10, LISBON, OH 44432. Signed by Judge Tanya S. Chutkan on 9/6/17. (DJS) (Entered: 09/06/2017)
2017-09-0624STATUS REPORT by CENTRAL INTELLIGENCE AGENCY, U.S. DEPARTMENT OF JUSTICE, U.S. DEPARTMENT OF STATE. (Rogers, Joshua) (Entered: 09/06/2017)
2017-09-1426MOTION to Amend/Correct 25 1st Amended Complaint by IBRAHIM ELGABROWNY (td) (Entered: 09/18/2017)
2017-09-2827RESPONSE (Opposition) re 24 Status Report filed by IBRAHIM ELGABROWNY. (td) (Entered: 10/02/2017)
2017-10-1828ANSWER to Complaint (Second Amended) by JOHN BERNNAN, CENTRAL INTELLIGENCE AGENCY, EXECUTIVE OFFICE OF THE U.S. ATTORNEY'S, FEDERAL BUREAU OF INVESTIGATION, JOHN KERRY, LORETTA E. LYNCH, U.S. DEPARTMENT OF JUSTICE, U.S. DEPARTMENT OF STATE.(Rogers, Joshua) (Entered: 10/18/2017)
2017-10-19MINUTE ORDER: It is hereby ORDERED that Plaintiff's unopposed "Motion for a Court Leave for Plaintiff to Submit his Second Amended Complaint" 26 is GRANTED. It is further ORDERED that Defendants shall file a Status Report by November 20, 2017 on the progress of the agencies' responses to Plaintiff's FOIA requests and a proposed schedule for dispositive motions. Signed by Judge Tanya S. Chutkan on 10/19/17. (ms) (Entered: 10/19/2017)
2017-10-1929SECOND AMENDED COMPLAINT against CENTRAL INTELLIGENCE AGENCY, EXECUTIVE OFFICE OF THE U.S. ATTORNEY'S, FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE, U.S. DEPARTMENT OF STATE filed by IBRAHIM ELGABROWNY. (Attachments: # 1 Exhibits)(znmw) (Entered: 10/20/2017)
2017-10-2430CERTIFICATE OF SERVICE by JOHN BERNNAN, CENTRAL INTELLIGENCE AGENCY, EXECUTIVE OFFICE OF THE U.S. ATTORNEY'S, FEDERAL BUREAU OF INVESTIGATION, JOHN KERRY, LORETTA E. LYNCH, U.S. DEPARTMENT OF JUSTICE, U.S. DEPARTMENT OF STATE re 28 Answer to Complaint, . (Rogers, Joshua) (Entered: 10/24/2017)
2017-11-2231MOTION for Leave to File Status Report Nunc Pro Tunc by JOHN BERNNAN, CENTRAL INTELLIGENCE AGENCY, EXECUTIVE OFFICE OF THE U.S. ATTORNEY'S, FEDERAL BUREAU OF INVESTIGATION, JOHN KERRY, LORETTA E. LYNCH, U.S. DEPARTMENT OF JUSTICE, U.S. DEPARTMENT OF STATE (Attachments: # 1 Text of Proposed Order, # 2 Status Report)(Rogers, Joshua) (Entered: 11/22/2017)
2017-11-27MINUTE ORDER: It is hereby ORDERED that Defendants' Motion for Leave to File Status Report, Nunc Pro Tunc 31 is GRANTED, and it is FURTHER ORDERED that Defendants shall file their next Status Report by December 22, 2017. Signed by Judge Tanya S. Chutkan on 11/27/17. (ms) (Entered: 11/27/2017)
2017-11-2732STATUS REPORT by CENTRAL INTELLIGENCE AGENCY, EXECUTIVE OFFICE OF THE U.S. ATTORNEY'S, FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE, U.S. DEPARTMENT OF STATE. (Nunc Pro Tunc to 11/22/17.) (td) (Entered: 11/28/2017)
2017-11-28Set/Reset Deadlines: Status Report due by 12/22/2017. (tb) (Entered: 11/28/2017)
2017-12-0733RESPONSE re 32 Status Report filed by IBRAHIM ELGABROWNY. (td) (Entered: 12/12/2017)
2017-12-2234STATUS REPORT by CENTRAL INTELLIGENCE AGENCY, EXECUTIVE OFFICE OF THE U.S. ATTORNEY'S, FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE, U.S. DEPARTMENT OF STATE. (Rogers, Joshua) (Entered: 12/22/2017)
2018-01-0335RESPONSE (Opposition) re 34 Status Report filed by IBRAHIM ELGABROWNY. (td) (Entered: 01/05/2018)
2018-01-1736ORDER directing defendants to file by March 1, 2018 a report on the status of plaintiff's FOIA requests to the CIA and the State Department, and a dispositive motion on the FBI's and the EOUSA's responses to plaintiff's FOIA requests. Signed by Judge Tanya S. Chutkan on 1/17/18. (ms) (Entered: 01/17/2018)
2018-01-22Set/Reset Deadlines: Status Report regarding plaintiff's FOIA requests due by 3/1/2018. (tb) (Entered: 01/22/2018)
2018-02-2837MOTION for Extension of Time to file dispositive motion by EXECUTIVE OFFICE OF THE U.S. ATTORNEY'S, FEDERAL BUREAU OF INVESTIGATION (Attachments: # 1 Text of Proposed Order)(Rogers, Joshua) (Entered: 02/28/2018)
2018-03-05MINUTE ORDER: It is hereby ORDERED that defendants' Motion for Extension of Time 37 is GRANTED. It is further ORDERED that defendants Federal Bureau of Investigation and Executive Office for United States Attorneys shall file their dispositive motion by April 2, 2018. Signed by Judge Tanya S. Chutkan on 3/5/18. (ms) (Entered: 03/05/2018)
2018-03-0538MOTION for Leave to File Nunc Pro Tunc Status Report by JOHN BERNNAN, CENTRAL INTELLIGENCE AGENCY, EXECUTIVE OFFICE OF THE U.S. ATTORNEY'S, FEDERAL BUREAU OF INVESTIGATION, JOHN KERRY, LORETTA E. LYNCH, U.S. DEPARTMENT OF JUSTICE, U.S. DEPARTMENT OF STATE (Attachments: # 1 Text of Proposed Order, # 2 Exhibit Status Report)(Rogers, Joshua) (Entered: 03/05/2018)
2018-03-06Set/Reset Deadlines: Dispositive Motion due by 4/2/2018. (tb) (Entered: 03/06/2018)
2018-03-06MINUTE ORDER: It is hereby ORDERED that defendants' Motion for Leave to File Status Report, Nunc Pro Tunc 38 is GRANTED. It is FURTHER ORDERED that, by April 2, 2018, defendants shall file a status report regarding the responses of the Central Intelligence Agency and the State Department to plaintiff's FOIA requests. With respect to the Central Intelligence Agency, defendants shall file a proposed schedule for dispositive motions. Signed by Judge Tanya S. Chutkan on 3/6/18. (ms) (Entered: 03/06/2018)
2018-03-0639STATUS REPORT by CENTRAL INTELLIGENCE AGENCY, EXECUTIVE OFFICE OF THE U.S. ATTORNEY'S, FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE, U.S. DEPARTMENT OF STATE. (Granted Nunc Pro Tunc per Minute Order filed 3/6/18) (td) (Entered: 03/07/2018)
2018-03-07Set/Reset Deadlines: Status Report due by 4/2/2018. (tb) (Entered: 03/07/2018)
2018-03-3040MOTION for Extension of Time to File by JOHN BERNNAN, CENTRAL INTELLIGENCE AGENCY, EXECUTIVE OFFICE OF THE U.S. ATTORNEY'S, FEDERAL BUREAU OF INVESTIGATION, JOHN KERRY, LORETTA E. LYNCH, U.S. DEPARTMENT OF JUSTICE, U.S. DEPARTMENT OF STATE (Attachments: # 1 Text of Proposed Order)(Rogers, Joshua) (Entered: 03/30/2018)
2018-04-0241MOTION for Extension of Time to File Status Report by JOHN BERNNAN, CENTRAL INTELLIGENCE AGENCY, EXECUTIVE OFFICE OF THE U.S. ATTORNEY'S, FEDERAL BUREAU OF INVESTIGATION, JOHN KERRY, LORETTA E. LYNCH, U.S. DEPARTMENT OF JUSTICE, U.S. DEPARTMENT OF STATE (Attachments: # 1 Text of Proposed Order)(Rogers, Joshua) (Entered: 04/02/2018)
2018-04-0442STATUS REPORT by CENTRAL INTELLIGENCE AGENCY, FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE, U.S. DEPARTMENT OF STATE. (Rogers, Joshua) (Entered: 04/04/2018)
2018-04-11MINUTE ORDER: It is hereby ORDERED that Defendants' 40 41 Motions for Extensions of Time are GRANTED. It is FURTHER ORDERED the dispositive motion(s) on behalf of the Federal Bureau of Investigation and the Executive Office for United States Attorneys are due by May 17, 2018. No further extensions will be granted for these Defendants absent extraordinary circumstances. It is FURTHER ORDERED that the summary judgment motion on behalf of the Central Intelligence Agency is due by June 11, 2018; Plaintiff's opposition and combined cross-motion are due by July 11, 2018; CIA's reply and combined opposition to Plaintiff's cross-motion are due by August 10, 2018; Plaintiff's reply is due by September 10, 2018. It is FURTHER ORDERED that a report on the status of the U.S. Department of State's response to Plaintiff's FOIA request is due by May 7, 2018. Signed by Judge Tanya S. Chutkan on 4/11/2018. (dm) (Entered: 04/11/2018)
2018-04-12Set/Reset Deadlines: FBI and the Executive office for US Attorneys dispositive motion(s) due by 5/17/2018. Summary Judgment motion due by 6/11/2018. Response and Cross Motion due by 7/11/2018. Reply and Response to Cross Motion due by 8/10/2018. Reply to Cross Motion due by 9/10/2018. Status Report on the U.S Department of State's response to plaintiff's FOIA request due by 5/7/2018. (tb) (Entered: 04/12/2018)
2018-05-0444MOTION for Extension of Time for filing of Dispositive Motions by IBRAHIM ELGABROWNY (td) (Entered: 05/08/2018)
2018-05-0743STATUS REPORT by CENTRAL INTELLIGENCE AGENCY, EXECUTIVE OFFICE OF THE U.S. ATTORNEY'S, FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE, U.S. DEPARTMENT OF STATE. (Rogers, Joshua) (Entered: 05/07/2018)
2018-05-1745MOTION for Summary Judgment by Defendants FBI and EOUSA by JOHN BERNNAN, CENTRAL INTELLIGENCE AGENCY, EXECUTIVE OFFICE OF THE U.S. ATTORNEY'S, FEDERAL BUREAU OF INVESTIGATION, JOHN KERRY, LORETTA E. LYNCH, U.S. DEPARTMENT OF JUSTICE, U.S. DEPARTMENT OF STATE (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Exhibit A, # 4 Exhibit B, # 5 Text of Proposed Order)(Rogers, Joshua) (Entered: 05/17/2018)
2018-06-0746MOTION for Extension of Time to File Dispositive Motion by JOHN BERNNAN, CENTRAL INTELLIGENCE AGENCY, EXECUTIVE OFFICE OF THE U.S. ATTORNEY'S, FEDERAL BUREAU OF INVESTIGATION, JOHN KERRY, LORETTA E. LYNCH, U.S. DEPARTMENT OF JUSTICE, U.S. DEPARTMENT OF STATE (Attachments: # 1 Text of Proposed Order)(Rogers, Joshua) (Entered: 06/07/2018)
2018-06-08It is hereby ORDERED that Plaintiff's Motion for Extension of Time 44 is GRANTED. The Court also GRANTS Defendant Central Intelligence Agency's MOTION for Extension of Time to File Dispositive Motion 46 . It is ORDERED that there will be no further extensions granted for this Defendant absent extraordinary circumstances. It is FURTHER ORDERED that the summary judgment motion on behalf of the Central Intelligence Agency is now due by June 25, 2018; Plaintiff's opposition and combined cross-motion are now due by July 25, 2018; CIA's reply and combined opposition to Plaintiff's cross-motion are now due by August 27, 2018; Plaintiff's reply is now due by September 27, 2018. ORDER signed by Judge Tanya S. Chutkan on 6/8/18. (dm) (Entered: 06/08/2018)
2018-06-08Set/Reset Deadlines: Summary Judgment motion due by 6/25/2018. Response and Cross Motion due by 7/25/2018. Reply and Response to Cross Motion due by 8/27/2018. Reply to Cross Motion due by 9/27/2018. (tb) (Entered: 06/08/2018)
2018-06-2547MOTION for Summary Judgment by CENTRAL INTELLIGENCE AGENCY, E (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Exhibit, # 4 Text of Proposed Order)(Rogers, Joshua) Modified filers on 7/2/2018 (ztd). (Entered: 06/25/2018)
2018-07-1648MOTION for Extension of Time to File Combined Cross Motion for Summary Judgment by IBRAHIM ELGABROWNY (ztd) (Entered: 07/17/2018)
2018-07-25MINUTE ORDER: It is hereby ORDERED that Plaintiff's Motion for Extension of Time 48 is GRANTED. It is FURTHER ORDERED that Plaintiff's opposition and combined cross-motion are now due by September 7, 2018; CIA's reply and combined opposition to Plaintiff's cross-motion are now due by October 8, 2018; Plaintiff's reply is now due by November 8, 2018. ORDER Signed by Judge Tanya S. Chutkan on 07/25/18. (dm) (Entered: 07/25/2018)
2018-07-26Set/Reset Deadlines: Cross Motion due by 9/7/2018. Response to Cross Motion due by 10/8/2018. Reply to Cross Motion due by 11/8/2018. Response to Motion for Summary Judgment due by 9/7/2018. Reply to Motion for Summary Judgment due by 10/8/2018. (tb) (Entered: 07/26/2018)
2018-07-3149Fox/Neal Order advising Plaintiff to respond to Defendants' Motions for Summary Judgment by September 7, 2018, or the court may deem matter as conceded. Signed by Judge Tanya S. Chutkan on 07/31/2018. (dm) (Entered: 07/31/2018)
2018-08-01Set/Reset Deadlines: Response to Dispositive Motion due by 9/7/2008. (tb) (Entered: 08/01/2018)
2018-08-3150MOTION for Extension of Time to File to file combined Cross Motion for Summary Judgment by IBRAHIM ELGABROWNY (ztd) (Entered: 09/07/2018)
2018-09-11MINUTE ORDER: It is hereby ORDERED that Plaintiff's Motion for Extension of Time 50 is GRANTED. It is FURTHER ORDERED that Plaintiff's Opposition and Combined Cross-Motion are now due by September 28, 2018; CIA's Reply and Combined Opposition to Plaintiff's Cross-Motion are now due by October 29, 2018; Plaintiff's Reply is now due by November 30, 2018. Signed by Judge Tanya S. Chutkan on 09/11/2018. (dm) (Entered: 09/11/2018)
2018-09-12Set/Reset Deadlines: Response and Cross Motion due by 9/28/2018. Reply and Response to Cross Motion due by 10/29/2018. Reply to Cross Motion due by 11/30/2018.(tb) (Entered: 09/12/2018)
2018-10-0151MOTION for Extension of Time to submit one remaining part of his combined motion for summary judgment by IBRAHIM ELGABROWNY (Attachments: # 1 Exhibit Combined Motion for Summary Judgment)(ztd) (Entered: 10/03/2018)
2018-10-0452MINUTE ORDER: GRANTING ONLY Plaintiff's Motion for Extension to File Supplement to his Opposition and Combined Cross-Motion. It is further ORDERED that Plaintiff's Supplement shall be filed by 10/12/2018. It is further ORDERED that the Supplement shall not exceed ten pages. Signed by Judge Tanya S. Chutkan on 10/4/2018. (dm) (Entered: 10/04/2018)
2018-10-05Set/Reset Deadlines: Supplemental to opposition due by 10/12/2018. (tb) (Entered: 10/05/2018)
2018-10-0953RESPONSE re 47 MOTION for Summary Judgment filed by IBRAHIM ELGABROWNY. (ztd) (Entered: 10/15/2018)
2018-10-2654REPLY to opposition to motion re 47 MOTION for Summary Judgment filed by JOHN BERNNAN, CENTRAL INTELLIGENCE AGENCY, EXECUTIVE OFFICE OF THE U.S. ATTORNEY'S, FEDERAL BUREAU OF INVESTIGATION, JOHN KERRY, LORETTA E. LYNCH, U.S. DEPARTMENT OF JUSTICE, U.S. DEPARTMENT OF STATE. (Rogers, Joshua) (Entered: 10/26/2018)
2018-11-26MINUTE ORDER: The court takes notice that Plaintiff's Motion for Extension of Time [51, 51-1] also contains his combined Motion for Summary Judgment/Opposition and corresponding exhibits, as well as two Motions to Strike, and two Motions for Discovery/In Camera Inspection. Notwithstanding the combined nature of the filing [51, 51-1], the court will address all of Plaintiff's motions therein. The court also acknowledges that Plaintiff filed a timely Supplemental Response to Summary Judgment 53 . Defendants filed a timely Reply 54 to Plaintiff's Opposition and Supplemental Response. There shall be no further briefing in this matter without leave of court. The Clerk of the Court shall mail a copy of this order to the Plaintiff at his address of record. Signed by Judge Tanya S. Chutkan on 11/26/2018. (dm) (Entered: 11/26/2018)
2018-12-1855MOTION for Leave to File by IBRAHIM ELGABROWNY (Attachments: # 1 Exhibit Relpy)(ztd) (Entered: 12/19/2018)
2018-12-1856MOTION for Court to Conduct In Camera Inspection to the 1994 CIA's Exhibit (C) by IBRAHIM ELGABROWNY (ztd) Modified on 1/7/2019 to delete pages that were adding in error (zrdj). (Entered: 12/19/2018)
2018-12-20MINUTE ORDER GRANTING only 55 Plaintiff's Motion for Leave to File his Reply to Defendant's Cross-Motion Nunc Pro Tunc. The court will consider Plaintiff's Reply despite its filing beyond the November 30, 2018 deadline. The Clerk of the Court shall mail a copy of this order to the Plaintiff at his address of record. Signed by Judge Tanya S. Chutkan on 12/20/2018. (dm) (Entered: 12/20/2018)
2018-12-2057SURREPLY to re 47 MOTION for Summary Judgment filed by IBRAHIM ELGABROWNY. (Nunc Pro Tunc pursuant to Minute Order filed 12/20/18) (ztd) (Entered: 12/27/2018)
2019-03-3158MEMORANDUM OPINION GRANTING FBI's Motion for Summary Judgment 45 ; DENYING EOUSA's Motion for Summary Judgment 45 ; GRANTING in part and DENYING in part CIA's Motion for Summary Judgment 47 ; DENYING Plaintiff's Cross-Motion for Summary Judgment 51 ; DENYING Plaintiff's Motion to Strike Portions of the Stone Declaration [51 at 33-6]; DENYING Plaintiff's Motion to Strike Portions of the Hardy Declaration [51 at 37-40]; DENYING Plaintiff's First Motion for In Camera Review & Discovery [51 at 41-4]; DENYING Plaintiff's Second Motion for In Camera Review & Discovery [51 at 45-6]; DENYING Plaintiff's Third Motion for In Camera Review 56 . See document for further details. Signed by Judge Tanya S. Chutkan on 3/31/2019. (dm) (Entered: 03/31/2019)
2019-03-3159ORDER GRANTING FBI's Motion for Summary Judgment 45 ; DENYING EOUSA's Motion for Summary Judgment 45 ; GRANTING in part and DENYING in part CIA's Motion for Summary Judgment 47 ; DENYING Plaintiff's Cross-Motion for Summary Judgment 51 ; DENYING Plaintiff's Motion to Strike Portions of the Stone Declaration [51 at 33-6]; DENYING Plaintiff's Motion to Strike Portions of the Hardy Declaration [51 at 37-40]; DENYING Plaintiff's First Motion for In Camera Review & Discovery [51 at 41-4]; DENYING Plaintiff's Second Motion for In Camera Review & Discovery [51 at 45-6]; DENYING Plaintiff's Third Motion for In Camera Review 56 . CIA shall file either a renewed motion for summary judgment, or in the alternative, a report addressing the status of production and (if applicable) proposing a briefing schedule, on or before May 4, 2019. The motion or status report shall address FOIA/Privacy Act Request No. P-2014-00346. EOUSA shall file either a renewed motion for summary judgment, or in the alternative, a report addressing the status of production and (if applicable) proposing a briefing schedule, on or before May 4, 2019. The motion or status report and address FOIA/Privacy Act Request Nos. FOIA-2014-02098, FOIA-2016-04133, and the unassigned Request dated September 30, 2015. Department of State shall file a report addressing the status of production and (if applicable) proposing a briefing schedule, on or before May 4, 2019. See document for further details. Signed by Judge Tanya S. Chutkan on 3/31/2019. (dm) (Entered: 03/31/2019)
2019-04-02Set/Reset Deadlines: Proposed Briefing Schedule due by 5/4/2019. CIA renewed motion for summary judgment due by 5/4/2019. (tb) (Entered: 04/02/2019)
2019-04-3060MOTION for Extension of Time to File Renewed Motion for Summary Judgment by JOHN BERNNAN, CENTRAL INTELLIGENCE AGENCY, EXECUTIVE OFFICE OF THE U.S. ATTORNEY'S, FEDERAL BUREAU OF INVESTIGATION, JOHN KERRY, LORETTA E. LYNCH, U.S. DEPARTMENT OF JUSTICE, U.S. DEPARTMENT OF STATE (Attachments: # 1 Text of Proposed Order)(Rogers, Joshua) (Entered: 04/30/2019)
2019-05-01MINUTE ORDER: It is hereby ORDERED that EOUSA and CIA's 60 Motion for Extension of Time to File Renewed Motion for Summary Judgment is GRANTED. It is FURTHER ORDERED that EOUSA and CIA's Renewed Motion For Summary Judgment shall be filed by 6/3/2019. The Clerk of the Court shall mail a copy of this order to: IBRAHIM ELGABROWNY, R28054-054, ELKTON FEDERAL CORRECTIONAL INSTITUTION, Inmate Mail/Parcels, P.O. BOX 10, LISBON, OH 44432. Signed by Judge Tanya S. Chutkan on 5/1/2019. (dm) (Entered: 05/01/2019)
2019-05-02Set/Reset Deadlines: Summary Judgment motion due by 6/3/2019. (tb) (Entered: 05/02/2019)
2019-05-3161MOTION for Extension of Time to File Dispositive Motion by JOHN BERNNAN, CENTRAL INTELLIGENCE AGENCY, EXECUTIVE OFFICE OF THE U.S. ATTORNEY'S, FEDERAL BUREAU OF INVESTIGATION, JOHN KERRY, LORETTA E. LYNCH, U.S. DEPARTMENT OF JUSTICE, U.S. DEPARTMENT OF STATE (Attachments: # 1 Text of Proposed Order)(Rogers, Joshua) (Entered: 05/31/2019)
2019-06-0362MOTION for Summary Judgment (Renewed) by JOHN BERNNAN, CENTRAL INTELLIGENCE AGENCY, EXECUTIVE OFFICE OF THE U.S. ATTORNEY'S, FEDERAL BUREAU OF INVESTIGATION, JOHN KERRY, LORETTA E. LYNCH, U.S. DEPARTMENT OF JUSTICE, U.S. DEPARTMENT OF STATE (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Stone Decl. (ECF No. 45-4), # 4 Declaration Hodge Decl. (Exh. A), # 5 Attach. 1 to Hodge Decl., # 6 Text of Proposed Order)(Rogers, Joshua) (Entered: 06/03/2019)
2019-06-06MINUTE ORDER: GRANTING 61 CIA's Second Motion for Extension to File Renewed Disposition Motion. CIA shall file a Renewed Motion for Summary Judgment by July 18, 2019. The Court will view further requests for an extension with disfavor. Further, the Department of State neither filed a status report by its 59 court ordered deadline of May 4, 2019, nor requested any extension. The Department of State shall file a report addressing the status of production and (if applicable) proposing a briefing schedule by June 21, 2019, and in the report, must address the reasons for its delay in such filing. Failure to comply with this order may result in sanctions. The Clerk of the Court shall mail a copy of this order to: IBRAHIM ELGABROWNY, R28054-054, ELKTON FEDERAL CORRECTIONAL INSTITUTION, Inmate Mail/Parcels, P.O. BOX 10, LISBON, OH 44432. Signed by Judge Tanya S. Chutkan on 6/6/2019. (dm) (Entered: 06/06/2019)
2019-06-0663Fox/Neal Order advising Plaintiff to respond to EOUSA's Renewed Motion for Summary Judgment 62 by July 9, 2019, or the court may deem matter as conceded. The Clerk of the Court shall mail a copy of this Order to: IBRAHIM ELGABROWNY, R28054-054, ELKTON FEDERAL CORRECTIONAL INSTITUTION, Inmate Mail/Parcels, P.O. BOX 10, LISBON, OH 44432. Signed by Judge Tanya S. Chutkan on 6/6/2019. (dm) (Entered: 06/06/2019)
2019-06-07Set/Reset Deadlines: Response to Motion for Summary Judgment due by 7/9/2019. (tb) (Entered: 06/07/2019)
2019-06-07Set/Reset Deadlines: Status Report due by 6/21/2019. Renewed Summary Judgment motion due by 7/18/2019. (tb) (Entered: 06/07/2019)
2019-06-1164STATUS REPORT by U.S. DEPARTMENT OF STATE. (Rogers, Joshua) (Entered: 06/11/2019)
2019-07-0865MOTION for Extension of Time by IBRAHIM ELGABROWNY. (tth) (Entered: 07/12/2019)
2019-07-15MINUTE ORDER: Plaintiff's 65 Motion for Extension of Time is GRANTED, and his opposition or other response to Defendant's Renewed Motion for Summary Judgment is due by August 12, 2019. Signed by Judge Tanya S. Chutkan on 7/15/19. (ms) (Entered: 07/15/2019)
2019-07-15Set/Reset Deadlines: Response to Motion for Summary Judgment due by 8/12/2019. (tb) (Entered: 07/15/2019)
2019-07-1866STATUS REPORT by CENTRAL INTELLIGENCE AGENCY. (Attachments: # 1 Text of Proposed Order)(Rogers, Joshua) (Entered: 07/18/2019)
2019-08-2667RESPONSE re 62 MOTION for Summary Judgment (Renewed) filed by IBRAHIM ELGABROWNY. (Attachments: # 1 Exhibit)(ztd) (Entered: 08/28/2019)
2019-08-2668MOTION for Extension of Time to File Response/Reply as to 62 MOTION for Summary Judgment (Renewed) by IBRAHIM ELGABROWNY (ztd); ("Leave to file Granted" signed 8/26/19 by Judge Tanya Chutkan) (Entered: 09/04/2019)
2019-08-29MINUTE ORDER: On consideration of defendants' status reports, ECF Nos. 64 and 66 , by September 20, 2019, defendants shall file status report(s) regarding plaintiff's FOIA requests to the Central Intelligence Agency and the U.S. Department of State. Signed by Judge Tanya S. Chutkan on 8/29/19. (ms) (Entered: 08/29/2019)
2019-09-04Set/Reset Deadlines: Status Report due by 9/20/2019. (tb) (Entered: 09/04/2019)
2019-09-2069STATUS REPORT by CENTRAL INTELLIGENCE AGENCY, U.S. DEPARTMENT OF STATE. (Attachments: # 1 Text of Proposed Order)(Rogers, Joshua) (Entered: 09/20/2019)
2019-10-2270ORDER GRANTING nunc pro tunc 68 Plaintiff's Motion for Extension of Time to File Opposition and deeming timely 67 Plaintiff's Opposition to EOUSA's Renewed Motion for Summary Judgment. It is further ORDERED that, based on 69 Defendants' Joint Status Report, CIA shall file another status report on or before October 31, 2019, and the State Department shall propose a briefing schedule on or before October 31, 2019. The Clerk of the Court shall mail a copy of this order to Plaintiff at his address of record. Signed by Judge Tanya S. Chutkan on 10/22/2019. (dm) (Entered: 10/22/2019)
2019-10-22Set/Reset Deadlines: CIA's status report due by 10/31/2019; State Department's proposed briefing schedule due by 10/31/2019. (tg) (Entered: 10/22/2019)
2019-11-0871MOTION for Extension of Time to File, Nunc Pro Tunc, EOUSA's Reply, State's Proposed Briefing Schedule, and CIA's Status Report by CENTRAL INTELLIGENCE AGENCY, EXECUTIVE OFFICE OF THE U.S. ATTORNEY'S, U.S. DEPARTMENT OF STATE (Attachments: # 1 Text of Proposed Order)(Rogers, Joshua) (Entered: 11/08/2019)
2019-11-0872PROPOSED BRIEFING SCHEDULE by U.S. DEPARTMENT OF STATE. (Attachments: # 1 Text of Proposed Order)(Rogers, Joshua) (Entered: 11/08/2019)
2019-11-0873STATUS REPORT by CENTRAL INTELLIGENCE AGENCY. (Attachments: # 1 Text of Proposed Order)(Rogers, Joshua) (Entered: 11/08/2019)
2019-11-27MINUTE ORDER: It is hereby ORDERED that the CIA and State Department's Motion for Extension of Time to File Nunc Pro Tunc 71 is GRANTED. The parties are reminded that pleadings filed outside of the court's deadlines without a motion for extension of time may result in the pleading being stricken. It is further ORDERED that Plaintiff shall file a status report by January 22, 2020, indicating whether he intends to challenge the CIA and/or State Department responses to his FOIA and/or Privacy Act requests, and if so, detailing the bases for those challenges. If appropriate, CIA and State Department shall file their dispositive motions by February 21, 2020. The Clerk of the Court shall mail a copy of this order to Plaintiff at his address of record. SO ORDERED. Signed by Judge Tanya S. Chutkan on 11/27/2019. (dm) (Entered: 11/27/2019)
2019-12-01Set/Reset Deadlines: Plaintiff shall file a status report by 1/22/2020, indicating whether he intends to challenge the CIA and/or State Department responses to his FOIA and/or Privacy Act requests, and if so, detailing the bases for those challenges. If appropriate, CIA and State Department shall file their dispositive motions by 2/21/2020. (jth) (Entered: 12/01/2019)
2019-12-0974NOTICE OF SUBSTITUTION OF COUNSEL by William J. Chang on behalf of CENTRAL INTELLIGENCE AGENCY, EXECUTIVE OFFICE OF THE U.S. ATTORNEY'S, FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE, U.S. DEPARTMENT OF STATE Substituting for attorney JOSHUA ROGERS (Chang, William) (Entered: 12/09/2019)
2019-12-0975MOTION for Extension of Time to File Response/Reply as to 62 MOTION for Summary Judgment (Renewed) by EXECUTIVE OFFICE OF THE U.S. ATTORNEY'S (Attachments: # 1 Text of Proposed Order)(Chang, William) (Entered: 12/09/2019)
2019-12-12MINUTE ORDER: It is hereby ORDERED that EOUSA's 75 Motion for Enlargement of Time to File Reply to Plaintiff's 67 Opposition to EOUSA's Renewed Motion for Summary Judgment is GRANTED and EOUSA shall file its Reply on or before January 22, 2020, addressing all of the directives contained within this court's 59 March 31, 2019 Order. Failure to comply with this Order may result in sanctions and any additional requests for extensions by Defendant shall be considered with extreme disfavor. Plaintiff shall file a Surreply on or before March 2, 2020. The Clerk of the Court shall mail a copy of this Order to Plaintiff at his address of record. SO ORDERED. Signed by Judge Tanya S. Chutkan on 12/12/2019. (dm) (Entered: 12/12/2019)
2019-12-13Set/Reset Deadlines: Reply to Renewed Motion for Summary Judgment due by 1/22/2020. (tb) (Entered: 12/13/2019)
2020-01-2276REPLY to opposition to motion re 62 MOTION for Summary Judgment (Renewed) filed by EXECUTIVE OFFICE OF THE U.S. ATTORNEY'S. (Attachments: # 1 Exhibit)(Chang, William) (Entered: 01/22/2020)
2020-01-2777MOTION for Extension of Time by IBRAHIM ELGABROWNY (ztd) (Entered: 01/30/2020)
2020-01-31MINUTE ORDER: It is hereby ORDERED that Plaintiff's 77 Motion for Extension of Time to File Status Report is GRANTED. Plaintiff shall file a Status Report on or before February 21, 2020, indicating whether he intends to challenge the CIA and/or State Department responses to his FOIA and/or Privacy Act requests, and if so, detailing the bases for those challenges. If appropriate, CIA and State Department shall file their dispositive motions by March 23, 2020. The Clerk of the Court shall mail a copy of this order to Plaintiff at his address of record. SO ORDERED. Signed by Judge Tanya S. Chutkan on 1/31/2020. (dm) (Entered: 01/31/2020)
2020-01-31Set/Reset Deadlines: Dispositive Motion due by 3/23/2020. Plaintiff's Status Report due by 2/21/2020. (tb) (Entered: 01/31/2020)
2020-03-0378MOTION for Leave to File by IBRAHIM ELGABROWNY (Attachments: # 1 Exhibit)(ztd) (Entered: 03/04/2020)
2020-03-05MINUTE ORDER: It is hereby ORDERED that Plaintiff's 78 Motion for Leave to File Status Report (Attached to Motion), Nunc Pro Tunc is GRANTED, and it is FURTHER ORDERED that CIA & State Department shall file their dispositive motions by April 6, 2020. The Clerk of the Court shall mail a copy of this Order to Plaintiff at his address of record. SO ORDERED. Signed by Judge Tanya S. Chutkan on 3/5/2020. (dm) (Entered: 03/05/2020)
2020-03-0579MOTION for Extension of Time to File Response/Reply as to 62 MOTION for Summary Judgment (Renewed) by IBRAHIM ELGABROWNY (ztd) (Entered: 03/09/2020)
2020-03-09MINUTE ORDER: Plaintiff's 79 Motion for Extension of Time to File Surreply to EOUSA's Reply to Plaintiff's Opposition to Renewed Motion for Summary Judgment is hereby GRANTED. Plaintiff's Surreply is now due by March 16, 2020. The Clerk of the Court shall mail a copy of this Order to Plaintiff at his address of record. SO ORDERED. Signed by Judge Tanya S. Chutkan on 3/9/2020. (dm) (Entered: 03/09/2020)
2020-03-0980STATUS REPORT by IBRAHIM ELGABROWNY. (ztd) (Entered: 03/12/2020)
2020-03-10Set/Reset Deadlines: Dispositive motion due by 4/6/2020. Surreply due by 3/16/2020. (tb) (Entered: 03/10/2020)
2020-03-2081SURREPLY to re 62 MOTION for Summary Judgment (Renewed) filed by IBRAHIM ELGABROWNY. (ztd) (Entered: 03/23/2020)
2020-03-2582MEMORANDUM OPINION granting EOUSA's 62 Renewed Motion for Summary Judgment and dismissing the case against EOUSA and DOJ with prejudice. Please see Memorandum Opinion and accompanying Order 83 for further details. Signed by Judge Tanya S. Chutkan on 3/25/2020. (dm) (Entered: 03/25/2020)
2020-03-2583ORDER granting EOUSA's 62 Renewed Motion for Summary Judgment and dismissing the case against it and DOJ with prejudice; and denying Plaintiff's [67-1] Fourth Motion for In Camera Review. See Order and accompanying Memorandum Opinion 82 for details. Signed by Judge Tanya S. Chutkan on 3/25/2020. (dm) (Entered: 03/25/2020)
2020-04-0684MOTION to Stay Proceedings by CENTRAL INTELLIGENCE AGENCY, U.S. DEPARTMENT OF STATE (Attachments: # 1 Affidavit, # 2 Text of Proposed Order)(Chang, William) (Entered: 04/06/2020)
2020-04-07MINUTE ORDER: Granting 84 CIA & State Department's Motion to Stay. This action is hereby STAYED pending further order of the court. CIA & State Department shall file a status report by June 8, 2020, advising the court whether operations have resumed, except that to the extent operations have resumed, the report shall be accompanied by a proposed briefing schedule. The Clerk of the Court shall send a copy of this order to: Ibrahim Elgabrowny, R28054-054, Elkton Federal Correctional Institution, Inmate Mail/Parcels, P.O. Box 10, Lisbon, OH, 44432. Signed by Judge Tanya S. Chutkan on 4/7/2020. (dm) (Entered: 04/07/2020)
2020-04-1085MOTION for Extension of Time by IBRAHIM ELGABROWNY (ztd) (Entered: 04/14/2020)
2020-04-15MINUTE ORDER: GRANTING 85 Plaintiff's Motion for Extension of Time to File Motion for Reconsideration of the Court's 82 Memorandum Opinion and 83 Order. This matter is currently STAYED. Upon the lift of the stay, and pending further order of court, Plaintiff may file a motion for consideration. The Clerk of the Court shall send a copy of this order to: Ibrahim Elgabrowny, R28054-054, Elkton Federal Correctional Institution, Inmate Mail/Parcels, P.O. Box 10, Lisbon, OH, 44432. Signed by Judge Tanya S. Chutkan on 4/15/2020. (dm) (Entered: 04/15/2020)
2020-06-0886STATUS REPORT by CENTRAL INTELLIGENCE AGENCY, U.S. DEPARTMENT OF STATE. (Chang, William) (Entered: 06/08/2020)
2020-07-02MINUTE ORDER: Upon review of Defendants' 86 status report, it is hereby ORDERED that the case remain STAYED. Defendants shall file a status report by August 31, 2020, advising the court as to the extent that operations have resumed. The report shall be accompanied by a progress report and/or a proposed briefing schedule. The Clerk of the Court shall send a copy of this order to: Ibrahim Elgabrowny, R28054-054, Elkton Federal Correctional Institution, Inmate Mail/Parcels, P.O. Box 10, Lisbon, OH, 44432. Signed by Judge Tanya S. Chutkan on 7/2/2020. (dm) (Entered: 07/02/2020)
2020-07-02Set/Reset Deadlines: Proposed Briefing Schedule due by 8/31/2020. Status Report due by 8/31/2020. (tb) (Entered: 07/02/2020)
2020-08-2887STATUS REPORT by CENTRAL INTELLIGENCE AGENCY, U.S. DEPARTMENT OF STATE. (Chang, William) (Entered: 08/28/2020)
2020-08-31MINUTE ORDER: Upon review of Defendants' 87 status report, it is hereby ORDERED that the case remain STAYED. Defendants shall file a status report by October 30, 2020, advising the court as to the extent that operations have resumed. The report shall be accompanied by a progress report and/or a proposed briefing schedule. The Clerk of the Court shall send a copy of this order to: Ibrahim Elgabrowny, R28054-054, Elkton Federal Correctional Institution, Inmate Mail/Parcels, P.O. Box 10, Lisbon, OH, 44432. Signed by Judge Tanya S. Chutkan on 8/31/2020. (psu3) (Entered: 08/31/2020)
2020-09-01Set/Reset Deadline: Defendants' Status Report is due by 10/30/2020. (jth) (Entered: 09/01/2020)
2020-10-3088STATUS REPORT by CENTRAL INTELLIGENCE AGENCY, U.S. DEPARTMENT OF STATE. (Chang, William) (Entered: 10/30/2020)
2020-11-03MINUTE ORDER: Upon review of Defendants' 88 status report, it is hereby ORDERED that the case remain STAYED. Defendants shall file a status report by December 30, 2020, advising the court as to the extent that operations have resumed. The report shall be accompanied by a progress report and/or a proposed briefing schedule. The Clerk of the Court shall send a copy of this order to: Ibrahim Elgabrowny, R28054-054, Elkton Federal Correctional Institution, Inmate Mail/Parcels, P.O. Box 10, Lisbon, OH, 44432. Signed by Judge Tanya S. Chutkan on 11/3/2020. (psu3) (Entered: 11/03/2020)
2020-11-04Set/Reset Deadlines: Status Report due by 12/30/2020. (tb) (Entered: 11/04/2020)
2020-11-0689NOTICE OF SUBSTITUTION OF COUNSEL by John Cuong Truong on behalf of JOHN BERNNAN, CENTRAL INTELLIGENCE AGENCY, EXECUTIVE OFFICE OF THE U.S. ATTORNEY'S, FEDERAL BUREAU OF INVESTIGATION, JOHN KERRY, LORETTA E. LYNCH, U.S. DEPARTMENT OF JUSTICE, U.S. DEPARTMENT OF STATE Substituting for attorney William Chang (Truong, John) (Entered: 11/06/2020)
2020-12-3090STATUS REPORT by CENTRAL INTELLIGENCE AGENCY, U.S. DEPARTMENT OF STATE. (Truong, John) (Entered: 12/30/2020)
2021-01-05MINUTE ORDER: Upon review of Defendants' 90 status report, it is hereby ORDERED that the case remain STAYED. Defendants shall file a renewed status report by March 30, 2021, advising the court as to the extent that operations have resumed. The report shall be accompanied by a progress report and/or a proposed briefing schedule. The Clerk of the Court shall send a copy of this order to: Ibrahim Elgabrowny, R28054-054, Elkton Federal Correctional Institution, Inmate Mail/Parcels, P.O. Box 10, Lisbon, OH, 44432. Signed by Judge Tanya S. Chutkan on 1/5/2021. (psu3) (Entered: 01/05/2021)
2021-01-05Set/Reset Deadlines: Renewed Status Report and Progress Report due by 3/30/2021. (tb) (Entered: 01/05/2021)
2021-03-3091STATUS REPORT by CENTRAL INTELLIGENCE AGENCY, U.S. DEPARTMENT OF STATE. (Truong, John) (Entered: 03/30/2021)
2021-04-07MINUTE ORDER: Upon review of Defendants' 91 Status Report, it is hereby ORDERED that the case remain STAYED. Defendants shall file a renewed status report by May 27, 2021, containing a progress report advising the court as to the extent that operations have resumed and explaining what measures have been taken to return to normal operations and/or including a proposed briefing schedule. The State Department shall also specifically advise the court as to when it anticipates moving out of Phase I. To the extent that CIA and the State Department are still limited in their ability to litigate this matter, due to telework and other restrictions, both agencies must specify the tasks that they can accomplish in the interim, notwithstanding these inconveniences. While the court is certainly understanding of the hardships created by the COVID-19 pandemic, this matter has been stayed for a year, and has been pending against these Defendants for over four years. Prior to the stay, CIA and the State Department both indicated that they had completed their review and release of documents, and both agencies had proposed briefing schedules and/or expressed their preparedness to proceed with dispositive motions. See, e.g., Status Reports, ECF Nos. 72, 73. For all of these reasons, any future requests by Defendants to extend the stay may be viewed with disfavor. The Clerk of the Court shall send a copy of this Order to: Ibrahim Elgabrowny, R28054-054, Elkton Federal Correctional Institution, Inmate Mail/Parcels, P.O. Box 10, Lisbon, OH, 44432. Signed by Judge Tanya S. Chutkan on 4/7/2021. (psu3) (Entered: 04/07/2021)
2021-04-09Set/Reset Deadlines: Renewed Status Report due by 5/27/2021. (tb) (Entered: 04/09/2021)
2021-05-2792STATUS REPORT by CENTRAL INTELLIGENCE AGENCY, U.S. DEPARTMENT OF STATE. (Truong, John) (Entered: 05/27/2021)
2021-06-10MINUTE ORDER: Upon review of Defendants' 92 Status Report, it is ORDERED that the STAY in this case is hereby LIFTED. The court will, however, hold Defendants' request for entry of a briefing schedule in abeyance. A search of the Federal Bureau of Prisons' database reveals that Plaintiff is no longer in federal custody. Because Plaintiff is seemingly no longer incarcerated, it will allow the parties an opportunity to meet and confer regarding a proposed mutually agreeable briefing schedule. Plaintiff, however, has failed to provide an updated address, and a notice of change in address or telephone number must be filed within 14 days of the change. See D.C. Local Civil Rules 5.1(c)(1) and 11.1. Therefore, Plaintiff is ORDERED to file a notice of change of address, containing his full residence address, telephone number, and any other pertinent contact information, by July 9, 2021. Plaintiff's failure to comply will result in the entry of a briefing schedule without his input. The Clerk of the Court shall mail a copy of this Minute Order to the Plaintiff at his most recent address of record. SO ORDERED. Signed by Judge Tanya S. Chutkan on 6/10/2021. (psu3) (Entered: 06/10/2021)
2021-06-10Set/Reset Deadlines: Notice of change of address due by 7/9/2021. (tb) (Entered: 06/10/2021)
2021-08-2093Mail Returned as Undeliverable; Minute Order filed on 06/10/2021 was returned undeliverable. No forwarding address provided. (tb) (Entered: 08/20/2021)
2021-08-2094MOTION to Dismiss for Want of Prosecution by CENTRAL INTELLIGENCE AGENCY, U.S. DEPARTMENT OF STATE. (Truong, John) (Entered: 08/20/2021)
2021-08-2095MOTION for Order to Show Cause by CENTRAL INTELLIGENCE AGENCY, U.S. DEPARTMENT OF STATE. (Truong, John) (Entered: 08/20/2021)
2021-09-0996ORDER GRANTING Defendants' 95 Motion for Order to Show Cause and directing Plaintiff, by October 11, 2021, to show cause in writing as to why this case should not be dismissed for failure to prosecute pursuant to Fed. R. Civ. P. 41(b) and D.C. Local Civil Rule 83.23. If Plaintiff fails to file a timely response, the court may consider Defendants' 94 Motion to Dismiss without his input, and/or dismiss the remaining claims in this matter without prejudice. It is further ORDERED that the court will hold Defendants' 94 Motion to Dismiss for Want of Prosecution, ECF No. 94, in abeyance pending Plaintiff's response, if any, to this Order to Show Cause. The Clerk of the Court shall mail a copy of this Order to the Plaintiff at his most recent address of record. Signed by Judge Tanya S. Chutkan on 9/9/2021. (psu3) (Entered: 09/09/2021)
2021-09-10Set/Reset Deadlines: Response to Show Cause due by 10/11/2021. (tb) (Entered: 09/10/2021)
2021-10-2797MEMORANDUM OPINION GRANTING the Motion to Dismiss for Want of Prosecution, pursuant to Federal Rule of Civil Procedure 41(b) 94 filed by Defendants, the United States Department of State and the Central Intelligence Agency. Accordingly, the case against them is DISMISSED without prejudice pursuant to Federal Rule of Civil Procedure 41(b) and D.C. Local Civil Rule 83.23. The Clerk of the Court is directed to send a copy of this Memorandum Opinion and the accompanying Order 98 to Plaintiff at his current address of record. Signed by Judge Tanya S. Chutkan on 10/27/2021. (psu3) (Entered: 10/27/2021)
2021-10-2798ORDER GRANTING the Motion to Dismiss for Want of Prosecution, pursuant to Federal Rule of Civil Procedure 41(b) 94 filed by Defendants, the United States Department of State and the Central Intelligence Agency. Accordingly, the case against them is DISMISSED without prejudice pursuant to Federal Rule of Civil Procedure 41(b) and D.C. Local Civil Rule 83.23. The Clerk of the Court is directed to send a copy of this Order and the accompanying Memorandum Opinion 97 to Plaintiff at his current address of record. Signed by Judge Tanya S. Chutkan on 10/27/2021. (psu3) (Entered: 10/27/2021)
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