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Case TitleWITTES et al v. U.S. FEDERAL BUREAU OF INVESTIGATION
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2019cv01440
Date Filed2019-05-17
Date Closed2019-08-29
JudgeJudge Emmet G. Sullivan
PlaintiffBENJAMIN WITTES
PlaintiffSCOTT R. ANDERSON
Case DescriptionBenjamin Wittes, editor-in-chief of Lawfare, a legal affairs blog, and Scott Anderson, also an editor at Lawfare, submitted a FOIA request to the FBI for records concerning the 2019 climate survey of FBI employees. Wittes and Anderson also requested a fee waiver. The agency acknowledged receipt of the request and told Wittes and Anderson that the request qualified for the unusual circumstances track. After hearing nothing further from the agency, Wittes and Anderson filed suit.
Complaint issues: Litigation - Vaughn index, Public Interest Fee Waiver, Litigation - Attorney's fees, Failure to respond within statutory time limit, Adequacy - Search

DefendantU.S. FEDERAL BUREAU OF INVESTIGATION
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
Complaint attachment 7
Complaint attachment 8
Complaint attachment 9
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2019-05-171COMPLAINT against U.S. FEDERAL BUREAU OF INVESTIGATION ( Filing fee $ 400 receipt number 0090-6131305) filed by BENJAMIN WITTES, SCOTT ANDERSON. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Summons FBI Summons, # 8 Summons Attorney General Summons, # 9 Summons U.S. Attorney Summons)(Berwick, Benjamin) (Attachment 1 replaced on 5/20/2019) (zef, ). (Entered: 05/17/2019)
2019-05-20Case Assigned to Judge Emmet G. Sullivan. (zef, ) (Entered: 05/20/2019)
2019-05-202SUMMONS (3) Issued Electronically as to U.S. FEDERAL BUREAU OF INVESTIGATION, U.S. Attorney and U.S. Attorney General. (Attachments: # 1 Notice and Consent)(zef, ) (Entered: 05/20/2019)
2019-05-293STANDING ORDER: The parties are directed to read the attached Standing Order Governing Civil Cases Before Judge Emmet G. Sullivan in its entirety upon receipt. The parties are hereby ORDERED to comply with the directives in the attached Standing Order. Signed by Judge Emmet G. Sullivan on 05/29/19. (Attachment: Exhibit 1) (mac) (Entered: 05/29/2019)
2019-06-044RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. FEDERAL BUREAU OF INVESTIGATION served on 5/30/2019 (Berwick, Benjamin) (Entered: 06/04/2019)
2019-06-045RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 5/28/19. (Berwick, Benjamin) (Entered: 06/04/2019)
2019-06-046RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 5/28/2019. Answer due for ALL FEDERAL DEFENDANTS by 6/27/2019. (Berwick, Benjamin) (Entered: 06/04/2019)
2019-06-277ANSWER to Complaint by U.S. FEDERAL BUREAU OF INVESTIGATION.(Sroka, Scott) (Entered: 06/27/2019)
2019-06-28MINUTE ORDER. Plaintiffs bring this action pursuant to the Freedom of Information Act (FOIA), 5 U.S.C. § 552. The parties are directed to meet and confer and propose a joint scheduling order for further proceedings in this case by no later than July 12, 2019. The parties joint proposed scheduling order shall address the following: (1) The status of plaintiffs' FOIA request; (2) The anticipated number of documents responsive to plaintiffs' FOIA request; (3) The anticipated date(s) for release of documents responsive to plaintiffs' FOIA request; (4) Whether a motion for an Open America stay is likely in this case; (5) Whether a Vaughn index will be required in this case; (6) Whether this case would benefit from referral to a Magistrate Judge or the District Court Mediation Program for purposes of settlement; and (7) A proposed briefing schedule for dispositive motions, if applicable. If the parties are unable to agree on a joint recommendation, the joint proposed scheduling order shall include each party's individual recommendations. Signed by Judge Emmet G. Sullivan on 6/28/2019. (lcegs3) (Entered: 06/28/2019)
2019-06-28Set/Reset Deadlines: Joint Scheduling Order due by 7/12/2019. (mac) (Entered: 06/28/2019)
2019-07-128Joint STATUS REPORT by U.S. FEDERAL BUREAU OF INVESTIGATION. (Sroka, Scott) (Entered: 07/12/2019)
2019-07-15MINUTE ORDER. In view of the 8 Joint Status Report, the parties shall file another joint status report by no later than August 29, 2019, updating the Court on the status of Defendant's review of the potentially responsive documents and proposing a joint recommendation for further proceedings. The parties shall file a proposed order with each joint status report. Signed by Judge Emmet G. Sullivan on 7/15/2019. (lcegs3) (Entered: 07/15/2019)
2019-07-16Set/Reset Deadlines: Joint Status Report due by 8/29/2019. (mac) (Entered: 07/16/2019)
2019-08-299NOTICE of Voluntary Dismissal by SCOTT R. ANDERSON, BENJAMIN WITTES (Berwick, Benjamin) (Entered: 08/29/2019)
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by FOIA Project Staff
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