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Case TitleFREEDOM WATCH, INC. v. U.S. DEPARTMENT OF STATE et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2020cv00794
Date Filed2020-03-23
Date Closed2020-11-25
JudgeJudge Timothy J. Kelly
PlaintiffFREEDOM WATCH, INC.
Case DescriptionFreedom Watch submitted 16 FOIA requests to the Department of State and other agencies that were members of the intelligence community for a wide variety of records. Freedom Watch also requested expedited processing. The agencies acknowledged receipt of the requests. The Office of the Director of National Intelligence contacted Freedom Watch for clarification. After hearing nothing further from any of the agencies, Freedom Watch filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Vaughn index, Litigation - Attorney's fees

DefendantU.S. DEPARTMENT OF STATE
DefendantOFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE
DefendantNATIONAL SECURITY AGENCY
DefendantFEDERAL BUREAU OF INVESTIGATION
DefendantDEFENSE INTELLIGENCE AGENCY
DefendantCENTRAL INTELLIGENCE AGENCY
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
Complaint attachment 7
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2020-03-231COMPLAINT against All Defendants ( Filing fee $ 400 receipt number ADCDC-6946959) filed by FREEDOM WATCH, INC.. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Summons, # 6 Summons, # 7 Summons)(Klayman, Larry) (Entered: 03/23/2020)
2020-03-23Case Assigned to Judge Timothy J. Kelly. (zsb) (Entered: 03/23/2020)
2020-03-232SUMMONS (6) Issued Electronically as to CENTRAL INTELLIGENCE AGENCY, DEFENSE INTELLIGENCE AGENCY, FEDERAL BUREAU OF INVESTIGATION, NATIONAL SECURITY AGENCY, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE, U.S. DEPARTMENT OF STATE. (Attachment: # 1 Notice and Consent)(zsb) (Entered: 03/23/2020)
2020-03-253MOTION for Recusal by FREEDOM WATCH, INC. re Case Assigned/Reassigned (Klayman, Larry); Modified relief and text on 3/25/2020 (ztth). (Entered: 03/25/2020)
2020-03-25NOTICE OF ERROR re 3 Motion for Recusal; emailed to leklayman@gmail.com, cc'd 3 associated attorneys -- The PDF file you docketed contained errors: 1. Incorrect event used, 2. Please do not refile. (ztth, ) (Entered: 03/25/2020)
2020-07-29MINUTE ORDER denying without prejudice Plaintiff's 3 Motion for Recusal (styled as a "Request for Recusal"). Plaintiff's filing fails to comply with numerous provisions of this Court's Local Civil Rules. For example, it contains no proposed order, as required by LCvR 7(c). Most significantly, it contains no "statement of the specific points of law and authority that support the motion," as required by LCvR 7(a). For example, the Court is left to guess whether Plaintiff intended to seek recusal under 28 U.S.C. § 455, 28 U.S.C. § 144, or yet some other authority. Accordingly, the Court is unable to determine what source of law to apply when analyzing Plaintiff's motion. See SEC v. Loving Spirit Found. Inc. , 392 F.3d 486, 489 (D.C. Cir. 2004) (observing that 28 U.S.C. § 144 "provides that a judge with 'personal bias' shall cease presiding over a case when a party documents the bias in an affidavit," while 28 U.S.C. § 455(a) "provides that a judge 'shall disqualify himself' when 'his impartiality might reasonably be questioned'"); Cf. In re Kaminski , 960 F.2d 1062, 1065 (D.C. Cir. 1992), ("A judge should not recuse himself based upon conclusory, unsupported or tenuous allegations."). However, the Court is able to determine that Plaintiff's motion fails to comply with this Court's Local Civil Rules, which "have the force of law," and which Plaintiff, "like all lawyers and litigants[,] is duty bound to comply with." Texas v. United States , 798 F.3d 1108, 1114 (D.C. Cir. 2015) (internal quotation omitted) (noting also that "[r]ules are rules, and basic fairness requires that they be applied evenhandedly to all litigants"). Accordingly, it is hereby ORDERED that Plaintiff's 3 Motion for Recusal is DENIED WITHOUT PREJUDICE. Signed by Judge Timothy J. Kelly on 7/29/2020. (lctjk1) (Entered: 07/29/2020)
2020-07-29MINUTE ORDER: The Court notes that the docket in this case reflects that no proof of service has been filed as required by the Federal Rules of Civil Procedure and this Court's Local Civil Rules. See Fed. R. Civ. P. 4( l )(1); LCvR 5.3. As a result, it is unclear whether service has been properly effectuated. Plaintiff is therefore advised that, pursuant to Federal Rule of Civil Procedure 4(b), it is Plaintiff's responsibility to present any required summonses to the Clerk of the Court for signature and seal. Plaintiff is further advised that service must be accomplished consistent with Federal Rule of Civil Procedure 4(i), which applies to service on the "United States and its Agencies, Corporations, Officers, or Employees." Plaintiff is further advised that, pursuant to Federal Rule of Civil Procedure 4(m), Plaintiff must serve Defendants within 90 days of filing the complaint or show good cause for an extension. Failure to serve Defendants in time--or to show good cause for an extension of time to do so--will result in a mandatory dismissal of this action as to any unserved defendants. Finally, Plaintiff is advised that it must comply with the proof of service requirement of Federal Rule of Civil Procedure 4( l )(1). Accordingly, it is hereby ORDERED that, in order to avoid a mandatory dismissal of this action as to any unserved defendants, by August 19, 2020, Plaintiff shall either (1) cause process to be served upon all Defendants and file proof of service with the Court, or (2) file a motion to enlarge time to serve process and show good cause, if any, for failure to serve process in a timely fashion. Signed by Judge Timothy J. Kelly on 7/29/2020. (lctjk1) (Entered: 07/29/2020)
2020-07-29Set/Reset Deadlines: Time to effectuate service upon party due by 8/19/2020. (zkh) (Entered: 07/29/2020)
2020-08-124NOTICE of Appearance by Jonathon Alden Moseley on behalf of All Plaintiffs (Moseley, Jonathon) (Entered: 08/12/2020)
2020-08-125MOTION to Withdraw as Attorney by FREEDOM WATCH, INC. (Klayman, Larry) (Entered: 08/12/2020)
2020-08-13MINUTE ORDER granting Plaintiff's 5 Unopposed Motion for Leave to Withdraw as Counsel. The motion complies with Local Civil Rule 83.6(c), and upon consideration of the representations therein, it is hereby ORDERED that Attorney Larry Klayman is permitted to withdraw his representation of Plaintiff. Signed by Judge Timothy J. Kelly on 8/13/2020. (lctjk1) (Entered: 08/13/2020)
2020-08-196Unopposed MOTION for Extension of Time to File Proof of Service of Summons and Complaint upon Defendant agencies by FREEDOM WATCH, INC. (Moseley, Jonathon) (Entered: 08/19/2020)
2020-08-21MINUTE ORDER granting Plaintiff's 6 Motion for Extension of Time to File Proof of Service of Summons and Complaint on Defendant Agencies. Upon consideration of Plaintiff's Motion, it is hereby ORDERED, nunc pro tunc and for good cause and excusable neglect shown, that Plaintiff shall file proof of service of the complaint and summons by September 2, 2020, to avoid mandatory dismissal of this action. Signed by Judge Timothy J. Kelly on 8/21/2020. (lctjk1) (Entered: 08/21/2020)
2020-11-25MINUTE ORDER: The Court twice instructed Plaintiff that, "in order to avoid mandatory dismissal," it shall file proof of service of the complaint and summons. See Orders of July 29, 2020, and August 21, 2020. Plaintiff has failed to do so. Accordingly, pursuant to Local Rule 83.23 and the Court's "inherent power to dismiss a case sua sponte for a plaintiff's failure to prosecute or otherwise comply with a court order," Peterson v. Archstone Communities LLC , 637 F.3d 416, 418 (D.C. Cir. 2011), it is hereby ORDERED that this suit is DISMISSED WITHOUT PREJUDICE. This is a final, appealable Order. The Clerk of Court is directed to close the case. Signed by Judge Timothy J. Kelly on 11/25/2020. (lctjk1) (Entered: 11/25/2020)
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