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Case TitleCATO INSTITUTE v. FEDERAL BUREAU OF INVESTIGATION et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2020cv03338
Date Filed2020-11-17
Date Closed2022-11-02
JudgeJudge James E. Boasberg
PlaintiffCATO INSTITUTE
Case DescriptionThe Cato Institute submitted a FOIA request to the FBI for records mentioning the Cato Institute and containing a list of search topics. The agency acknowledged receipt of the request but after hearing nothing further from the agency, the Cato Institute filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Attorney's fees

DefendantFEDERAL BUREAU OF INVESTIGATION
DefendantU.S. DEPARTMENT OF JUSTICE
AppealD.C. Circuit 22-5342
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Opinion/Order [34]
Opinion/Order [45]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2020-11-171COMPLAINT against FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE ( Filing fee $ 400 receipt number ADCDC-7846140) filed by CATO INSTITUTE. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Civil Cover Sheet, # 5 Summons)(Burday, Joshua) (Entered: 11/17/2020)
2020-11-172NOTICE of Appearance by Joshua Hart Burday on behalf of CATO INSTITUTE (Burday, Joshua) (Entered: 11/17/2020)
2020-11-173NOTICE of Appearance by Matthew Topic on behalf of CATO INSTITUTE (Topic, Matthew) (Entered: 11/17/2020)
2020-11-18Case Assigned to Judge James E. Boasberg. (zsb) (Entered: 11/18/2020)
2020-11-184SUMMONS (4) Issued Electronically as to FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(adh, ) (Entered: 11/18/2020)
2020-12-235RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF JUSTICE served on 11/30/2020 (Burday, Joshua) (Entered: 12/23/2020)
2020-12-236RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. FEDERAL BUREAU OF INVESTIGATION served on 11/30/2020 (Burday, Joshua) (Entered: 12/23/2020)
2020-12-237RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 11/30/2020. (Burday, Joshua) (Entered: 12/23/2020)
2020-12-238RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 11/30/2020. Answer due for ALL FEDERAL DEFENDANTS by 12/30/2020. (Burday, Joshua) (Entered: 12/23/2020)
2020-12-309NOTICE of Appearance by Tanya D. Senanayake on behalf of FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE (Senanayake, Tanya) (Entered: 12/30/2020)
2020-12-3010ANSWER to Complaint by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Exhibit Exhibit 1, # 2 Exhibit Exhibit 2)(Senanayake, Tanya) (Entered: 12/30/2020)
2020-12-31MINUTE ORDER: The Court ORDERS that the parties shall confer and submit a proposed briefing schedule by January 14, 2021. So ORDERED by Judge James E. Boasberg on 12/31/2020. (lcjeb2) (Entered: 12/31/2020)
2020-12-31Set/Reset Deadlines: Proposed Briefing Schedule due by 1/14/2021. (znbn) (Entered: 01/06/2021)
2021-01-1411PROPOSED BRIEFING SCHEDULE (Joint Filing by Parties) by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE. (Senanayake, Tanya) (Entered: 01/14/2021)
2021-01-14MINUTE ORDER: The Court ADOPTS the parties' 11 Joint Status Report and ORDERS that they shall file a further joint status report by February 15, 2021. So ORDERED by Judge James E. Boasberg on 1/14/2021. (lcjeb2) (Entered: 01/14/2021)
2021-01-14Set/Reset Deadlines: Joint Status Report due by 2/15/2021. (znbn) (Entered: 01/15/2021)
2021-02-1512Joint STATUS REPORT by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE. (Senanayake, Tanya) (Entered: 02/15/2021)
2021-02-16MINUTE ORDER: The Court ADOPTS the parties' 12 Joint Status Report and ORDERS that they shall file a further joint status report by March 17, 2021. So ORDERED by Judge James E. Boasberg on 2/16/2021. (lcjeb2) (Entered: 02/16/2021)
2021-02-16Set/Reset Deadlines: Status Report due by 3/17/2021. (znbn) (Entered: 02/16/2021)
2021-03-1713Joint STATUS REPORT by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE. (Senanayake, Tanya) (Entered: 03/17/2021)
2021-03-18MINUTE ORDER: The Court ADOPTS the parties' 13 Joint Status Report and ORDERS that they shall file a further joint status report by July 7, 2021. So ORDERED by Judge James E. Boasberg on 3/18/2021. (lcjeb2) (Entered: 03/18/2021)
2021-03-18Set/Reset Deadlines: Joint Status Report due by 7/7/2021. (nbn) (Entered: 03/18/2021)
2021-03-2314NOTICE of Appearance by Benjamin Thomas Takemoto on behalf of All Defendants (Takemoto, Benjamin) (Entered: 03/23/2021)
2021-03-2415NOTICE OF WITHDRAWAL OF APPEARANCE as to FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE. Attorney Tanya D. Senanayake terminated. (Senanayake, Tanya) (Entered: 03/24/2021)
2021-07-0116Joint STATUS REPORT by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE. (Takemoto, Benjamin) (Entered: 07/01/2021)
2021-07-02MINUTE ORDER: The Court ADOPTS the parties' 16 Joint Status Report and ORDERS that they shall file a further joint status report by August 5, 2021. So ORDERED by Judge James E. Boasberg on 7/2/2021. (lcjeb2) (Entered: 07/02/2021)
2021-07-02Set/Reset Deadlines: Joint Status Report due by 8/5/2021. (znbn) (Entered: 07/06/2021)
2021-08-0517Joint STATUS REPORT by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE. (Takemoto, Benjamin) (Entered: 08/05/2021)
2021-08-06MINUTE ORDER: The Court ADOPTS the parties' 17 Joint Status Report and ORDERS that they shall file a further joint status report by September 7, 2021. So ORDERED by Judge James E. Boasberg on 8/6/2021. (lcjeb2) (Entered: 08/06/2021)
2021-08-06Set/Reset Deadlines: Status Report due by 9/7/2021. (znbn) (Entered: 08/06/2021)
2021-09-0718Joint STATUS REPORT by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE. (Takemoto, Benjamin) (Entered: 09/07/2021)
2021-09-08MINUTE ORDER: The Court ADOPTS the parties' 18 Joint Status Report and ORDERS that they shall file a further joint status report by October 7, 2021. So ORDERED by Judge James E. Boasberg on 9/8/2021. (lcjeb2) (Entered: 09/08/2021)
2021-09-08Set/Reset Deadlines: Status Report due by 10/7/2021. (znbn) (Entered: 09/08/2021)
2021-10-0719Joint STATUS REPORT by CATO INSTITUTE. (Topic, Matthew) (Entered: 10/07/2021)
2021-10-07MINUTE ORDER: The Court ADOPTS the parties' 19 Joint Status Report and ORDERS that they shall file a further joint status report by November 22, 2021. So ORDERED by Judge James E. Boasberg on 10/07/2021. (lcjeb2) (Entered: 10/07/2021)
2021-10-07Set/Reset Deadlines: Joint Status Report due by 11/22/2021. (znbn) (Entered: 10/08/2021)
2021-11-2220Joint STATUS REPORT by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE. (Takemoto, Benjamin) (Entered: 11/22/2021)
2021-11-22MINUTE ORDER: The Court ADOPTS the parties' 20 Joint Status Report and ORDERS that they shall file a further joint status report by December 20, 2021. So ORDERED by Judge James E. Boasberg on 11/22/2021. (lcjeb2) (Entered: 11/22/2021)
2021-11-22Set/Reset Deadlines: Joint Status Report due by 12/20/2021. (znbn) (Entered: 11/23/2021)
2021-12-2021Joint STATUS REPORT by CATO INSTITUTE. (Topic, Matthew) (Entered: 12/20/2021)
2021-12-20MINUTE ORDER: The Court ADOPTS the parties' 21 Joint Status Report and ORDERS that they shall file a further joint status report by January 17, 2022. So ORDERED by Judge James E. Boasberg on 12/20/2021. (lcjeb2) (Entered: 12/20/2021)
2021-12-20Set/Reset Deadlines: Joint Status Report due by 1/17/2022. (nbn) (Entered: 12/20/2021)
2022-01-1722Joint STATUS REPORT by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE. (Takemoto, Benjamin) (Entered: 01/17/2022)
2022-01-18MINUTE ORDER: The Court ADOPTS the parties' 22 Joint Status Report and ORDERS that they shall file a further joint status report by February 16, 2022. So ORDERED by Judge James E. Boasberg on 1/18/2022. (lcjeb2) (Entered: 01/18/2022)
2022-01-18Set/Reset Deadlines: Joint Status Report due by 2/16/2022. (nbn) (Entered: 01/18/2022)
2022-01-2123MOTION to Withdraw as Attorney by CATO INSTITUTE. (Attachments: # 1 Text of Proposed Order)(Topic, Matthew) (Entered: 01/21/2022)
2022-01-21MINUTE ORDER GRANTING 23 Motion to Withdraw as Attorney. The appearance of Attorney Joshua Burday is terminated. So ORDERED, by Judge James E. Boasberg on 1/21/2022. (lcjeb2) Modified on 1/24/2022 (znbn). (Entered: 01/21/2022)
2022-02-1624Joint STATUS REPORT by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE. (Takemoto, Benjamin) (Entered: 02/16/2022)
2022-02-17MINUTE ORDER: The Court ADOPTS the parties' 24 Joint Status Report and ORDERS that they shall file a further joint status report by March 16, 2022. So ORDERED by Judge James E. Boasberg on 2/17/2022. (lcjeb2) (Entered: 02/17/2022)
2022-02-17Set/Reset Deadlines: Joint Status Report due by 3/16/2022. (nbn) (Entered: 02/17/2022)
2022-03-1625Joint STATUS REPORT by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE. (Takemoto, Benjamin) (Entered: 03/16/2022)
2022-03-17MINUTE ORDER: The Court ADOPTS the parties' 25 Joint Status Report and Joint Proposed Briefing Schedule. The Court ORDERS that: (1) Defendants shall file their motion for summary judgment by June 3, 2022; (2) Plaintiff shall file its consolidated response and cross-motion for summary judgment by July 8, 2022; (3) Defendants shall file their consolidated reply and response by August 5, 2022; and (4) Plaintiff shall file its reply by August 26, 2022. So ORDERED by Judge James E. Boasberg on 3/17/2022. (lcjeb2) (Entered: 03/17/2022)
2022-03-17Set/Reset Deadlines: Summary Judgment motions due by 6/3/2022. Response to Motion for Summary Judgment due by 7/8/2022. Cross Motions due by 7/8/2022. Reply to Motion for Summary Judgment due by 8/5/2022. Response to Cross Motions due by 8/5/2022. Reply to Cross Motions due by 8/26/2022. (nbn) (Entered: 03/18/2022)
2022-06-0326MOTION for Summary Judgment by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Declaration Seidel, # 2 Exhibit to Declaration (A-E), # 3 Memorandum in Support, # 4 Statement of Facts, # 5 Text of Proposed Order)(Takemoto, Benjamin) (Entered: 06/03/2022)
2022-07-0827Cross MOTION for Summary Judgment by CATO INSTITUTE. (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts Response to SOF, # 3 Statement of Facts, # 4 Exhibit A, # 5 Exhibit B, # 6 Text of Proposed Order)(Topic, Matthew) (Entered: 07/08/2022)
2022-07-0828Memorandum in opposition to re 26 MOTION for Summary Judgment filed by CATO INSTITUTE. (Attachments: # 1 Statement of Facts Response to SOF, # 2 Statement of Facts, # 3 Exhibit A, # 4 Exhibit B, # 5 Text of Proposed Order)(Topic, Matthew) (Entered: 07/08/2022)
2022-07-2929Unopposed MOTION for Extension of Time to File Response/Reply as to 27 Cross MOTION for Summary Judgment , 26 MOTION for Summary Judgment by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order)(Takemoto, Benjamin) (Entered: 07/29/2022)
2022-07-29MINUTE ORDER GRANTING Consent 29 Motion for Extension of Time. The Court ORDERS that: 1) Defendant shall file its Reply and Opposition by August 12, 2022; and 2) Plaintiff shall file its Reply by September 2, 2022. So ORDERED by Judge James E. Boasberg on 7/29/2022. (lcjeb2) (Entered: 07/29/2022)
2022-08-01Set/Reset Deadlines: Responses due by 8/12/2022 and Replies due by 9/2/2022. (lsj) (Entered: 08/01/2022)
2022-08-1230REPLY to opposition to motion re 26 MOTION for Summary Judgment filed by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Declaration Seidel)(Takemoto, Benjamin) (Entered: 08/12/2022)
2022-08-1231RESPONSE re 27 Cross MOTION for Summary Judgment filed by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Declaration Seidel)(Takemoto, Benjamin) (Entered: 08/12/2022)
2022-09-0232REPLY to opposition to motion re 31 Response to motion PLAINTIFFS REPLY IN SUPPORT OF ITS CROSS-MOTION FOR SUMMARY JUDGMENT filed by CATO INSTITUTE. (Topic, Matthew) (Entered: 09/02/2022)
2022-10-07MINUTE ORDER: The Court ORDERS that the FBI shall produce to the Court for in camera review by October 12, 2022, clean and redacted copies of all documents withheld in whole or in part under Exemptions 6 or 7(C). So ORDERED by Judge James E. Boasberg on 10/07/2022. (lcjeb3) (Entered: 10/07/2022)
2022-10-07Set/Reset Deadlines: In-Camera Submission due by 10/12/2022. (nbn) (Entered: 10/07/2022)
2022-11-0233ORDER: The Court ORDERS that: (1) Defendants' Motion for Summary Judgment is GRANTED; (2) Plaintiff's Motion for Summary Judgment is DENIED; and (3) Judgment is ENTERED for Defendants. Signed by Judge James E. Boasberg on 11/2/2022. (lcjeb2) (Entered: 11/02/2022)
2022-11-0234MEMORANDUM OPINION re 33 Order on Motions for Summary Judgment. Signed by Judge James E. Boasberg on 11/2/2022. (lcjeb2) (Entered: 11/02/2022)
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