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Case TitleWHISTLEBLOWER AID v. DEPARTMENT OF JUSTICE
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2021cv01614
Date Filed2021-06-14
Date Closed2023-09-26
JudgeJudge Amit P. Mehta
PlaintiffWHISTLEBLOWER AID
Case DescriptionWhistleblower Aid submitted a FOIA request to the FBI for records concerning a copy of the agency's corrective action report. The agency acknowledged receipt of the request. The agency responded that it found no records responsive to the request. Whistleblower Aid filed an administrative appeal. The FBI affirmed its original finding that it could find no responsive records. Whistleblower Aid then filed suit.
Complaint issues: Litigation - Attorney's fees

DefendantDEPARTMENT OF JUSTICE
DefendantUS DEPT OF JUSTICE
DefendantU.S. DEPARTMENT OF JUSTICE
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2021-06-141COMPLAINT against WHISTLEBLOWER AID ( Filing fee $ 402 receipt number ADCDC-8527185) filed by WHISTLEBLOWER AID. (Attachments: # 1 Civil Cover Sheet Civil Cover Sheet, # 2 Summons Summons - DOJ, # 3 Summons Summons - AG, # 4 Summons Summons - USAO DC, # 5 Rule 7.1 Disclosure Statement)(Zaid, Mark) (Entered: 06/14/2021)
2021-06-15Case Assigned to Judge Amit P. Mehta. (adh, ) (Entered: 06/15/2021)
2021-06-152LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by WHISTLEBLOWER AID (adh, ) (Entered: 06/15/2021)
2021-06-153SUMMONS (3) Issued Electronically as to DEPARTMENT OF JUSTICE, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(adh, ) (Entered: 06/15/2021)
2021-07-144RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 7/6/2021. Answer due for ALL FEDERAL DEFENDANTS by 8/5/2021. (Attachments: # 1 Exhibit 1 - Proof of Service)(Zaid, Mark) (Entered: 07/14/2021)
2021-07-145NOTICE of Appearance by Bradley Prescott Moss on behalf of WHISTLEBLOWER AID (Moss, Bradley) (Entered: 07/14/2021)
2021-07-146RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. DEPARTMENT OF JUSTICE served on 6/25/2021, RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 6/25/2021. (View Docket Entry 4 to view document). (eg) (Entered: 07/14/2021)
2021-07-297NOTICE of Appearance by Sian Jones on behalf of All Defendants (Jones, Sian) (Entered: 07/29/2021)
2021-08-038Consent MOTION for Extension of Time to Respond to Complaint by DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order)(Jones, Sian) (Entered: 08/03/2021)
2021-08-03MINUTE ORDER granting 8 Motion for Extension of Time. Defendant shall file its Answer or otherwise respond no later than September 7, 2021. Signed by Judge Amit P. Mehta on 8/3/2021. (lcapm3) (Entered: 08/03/2021)
2021-09-079ANSWER to Complaint by DEPARTMENT OF JUSTICE.(Jones, Sian) (Entered: 09/07/2021)
2021-09-0710ORDER. Both a Complaint and an Answer are now before the court in this FOIA case. It is hereby ordered that the parties shall meet and confer and file a Joint Status Report on or before September 21, 2021. The Joint Status Report shall include (1) the status of Plaintiff's FOIA request; (2) the anticipated number of documents responsive to Plaintiff's FOIA request; (3) the anticipated date(s) for release of the documents requested by Plaintiff; (4) whether a motion for stay is likely under Open America v. Watergate Special Prosecution Force, 547 F.2d 605 (D.C. Cir. 1976); and (5) whether the parties anticipate summary judgment briefing and, if so, a proposed briefing schedule. Please see the attached document for more information. Signed by Judge Amit P. Mehta on 09/07/2021. (lcapm3) (Entered: 09/07/2021)
2021-09-2111Joint STATUS REPORT by DEPARTMENT OF JUSTICE. (Jones, Sian) (Entered: 09/21/2021)
2021-09-22MINUTE ORDER. The parties shall file an additional Joint Status Report by November 22, 2021, which updates the court on the processing and production of responsive records. Signed by Judge Amit P. Mehta on 09/22/2021. (lcapm3) (Entered: 09/22/2021)
2021-11-2212Joint STATUS REPORT by DEPARTMENT OF JUSTICE. (Jones, Sian) (Entered: 11/22/2021)
2021-11-22MINUTE ORDER. The parties shall file an additional Joint Status Report by December 22, 2021, which proposes a schedule for further proceedings, if necessary. Signed by Judge Amit P. Mehta on 11/22/2021. (lcapm3) (Entered: 11/22/2021)
2021-12-2213Joint STATUS REPORT by DEPARTMENT OF JUSTICE. (Jones, Sian) (Entered: 12/22/2021)
2021-12-23MINUTE ORDER. The parties shall file an additional Joint Status Report by January 21, 2022, which proposes a schedule for further proceedings, if necessary. Signed by Judge Amit P. Mehta on 12/23/2021. (lcapm3) (Entered: 12/23/2021)
2022-01-2114Joint STATUS REPORT by DEPARTMENT OF JUSTICE. (Jones, Sian) (Entered: 01/21/2022)
2022-01-2115DECLARATION in support of Joint Status Report by DEPARTMENT OF JUSTICE re 14 Status Report filed by DEPARTMENT OF JUSTICE. (Jones, Sian) (Entered: 01/21/2022)
2022-01-24MINUTE ORDER. The parties shall file an additional Joint Status Report by February 22, 2022, which proposes a schedule for further proceedings, if necessary. During that time, Defendant shall make good faith efforts to expeditiously process and produce any responsive information. Signed by Judge Amit P. Mehta on 01/24/2022. (lcapm3) (Entered: 01/24/2022)
2022-02-2216Joint STATUS REPORT by DEPARTMENT OF JUSTICE. (Jones, Sian) (Entered: 02/22/2022)
2022-02-23MINUTE ORDER. The parties shall file an additional Joint Status Report by March 29, 2022, which updates the court on the processing and production of the responsive record. The court declines to enter a briefing schedule because it is speculative, at this juncture, whether there will be any withholdings once the review process is completed. Further, it is not clear to the court why Defendant is withholding the identities of the "Other Government Agencies" that must be consulted. Defendant shall explain by March 8, 2022, why it is withholding the names of those agencies. Signed by Judge Amit P. Mehta on 02/22/2022. (lcapm3) (Entered: 02/23/2022)
2022-03-0817RESPONSE TO ORDER OF THE COURT re Minute Order by DEPARTMENT OF JUSTICE (Jones, Sian) Modified event title and link on 3/10/2022 (znmw). (Entered: 03/08/2022)
2022-03-2918Joint STATUS REPORT by DEPARTMENT OF JUSTICE. (Jones, Sian) (Entered: 03/29/2022)
2022-03-30NOTICE of Hearing: Status Conference set for 4/6/2022 at 4:00 PM via videoconference before Judge Amit P. Mehta. Members of the public may access the hearing by dialing the court's toll-free public access line: (877) 848-7030, access code 321-8747.(zjd) (Entered: 03/30/2022)
2022-04-06Minute Entry for proceedings held before Judge Amit P. Mehta: Status Conference held via videoconference on 4/6/2022. A further status conference is set for 5/5/2022 at 10:00 AM via videoconference before Judge Amit P. Mehta. Members of the public may access the hearing by dialing the court's toll-free public access line: (877) 848-7030, access code 321-8747. (Court Reporter: William Zaremba.) (zjd) (Entered: 04/18/2022)
2022-05-05Minute Entry for proceedings held before Judge Amit P. Mehta: Status Conference held via videoconference on 5/5/2022. Status Conference set for 6/9/2022 at 11:30 AM via videoconference before Judge Amit P. Mehta. Members of the public may access the hearing by dialing the court's toll-free public access line: (877) 848-7030, access code 321-8747. (Court Reporter: William Zaremba) (zjd) (Entered: 05/05/2022)
2022-06-09Minute Entry for proceedings held before Judge Amit P. Mehta: Status Conference held via videoconference on 6/9/2022. Government's Production due by 7/15/2022. Status Conference set for 7/29/2022 at 2:00 PM via videoconference before Judge Amit P. Mehta. Members of the public may access the hearing by dialing the court's toll-free public access line: (877) 848-7030, access code 321-8747. (Court Reporter: William Zaremba) (zjd) (Entered: 06/09/2022)
2022-07-2719Consent MOTION to Vacate Hearing by DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order)(Jones, Sian) (Entered: 07/27/2022)
2022-07-2820ORDER granting 19 Consent Motion to Vacate Hearing. The Parties shall file a Joint Status Report on or before August 1, 2022. See attached Order for details. Signed by Judge Amit P. Mehta on 07/28/2022. (lcapm2) (Entered: 07/28/2022)
2022-08-0121Joint STATUS REPORT by DEPARTMENT OF JUSTICE. (Attachments: # 1 Exhibit)(Jones, Sian) (Entered: 08/01/2022)
2022-08-0422STATUS REPORT (Corrected) by DEPARTMENT OF JUSTICE. (Jones, Sian) (Entered: 08/04/2022)
2022-08-05MINUTE ORDER entering a summary judgment briefing schedule. Defendant's motion for summary judgment shall be due on or before October 5, 2022; Plaintiff's opposition shall be due on or before November 4, 2022; and Defendant's reply shall be due on or before November 30, 2022. Signed by Judge Amit P. Mehta on 08/05/2022. (lcapm3) (Entered: 08/05/2022)
2022-10-0523MOTION for Summary Judgment by US DEPT OF JUSTICE. (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Declaration, # 4 Exhibit, # 5 Text of Proposed Order)(Jones, Sian) (Entered: 10/05/2022)
2022-10-0524NOTICE of Lodging of Classified Material by US DEPT OF JUSTICE (Jones, Sian) (Entered: 10/05/2022)
2022-11-0225Consent MOTION for Extension of Time to File Response/Reply to Defendant's Motion for Summary Judgment by WHISTLEBLOWER AID. (Attachments: # 1 Text of Proposed Order)(Moss, Bradley) (Entered: 11/02/2022)
2022-11-04MINUTE ORDER granting 25 Consent Motion for Extension of Time to File Response/Reply to Defendant's 23 Motion for Summary Judgment. Plaintiff's deadline to file its response is extended to December 5, 2022. Defendant's deadline to file its reply is extended to January 17, 2023. Signed by Judge Amit P. Mehta on 11/4/2022. (lcapm3) (Entered: 11/04/2022)
2022-12-0526Memorandum in opposition to re 23 Motion for Summary Judgment filed by WHISTLEBLOWER AID. (Attachments: # 1 Statement of Facts Response, # 2 Text of Proposed Order)(Moss, Bradley) (Entered: 12/05/2022)
2022-12-06NOTICE OF ERROR re 26 Memorandum in Opposition; emailed to brad@markzaid.com, cc'd 4 associated attorneys -- The PDF file you docketed contained errors: 1. Please note the following for future filings; do not refile document , 2. DO NOT REFILE. Counsel is reminded that log in and password should match signature page. (zjm, ) (Entered: 12/06/2022)
2023-01-1027Consent MOTION for Extension of Time to File by US DEPT OF JUSTICE. (Attachments: # 1 Text of Proposed Order)(Jones, Sian) (Entered: 01/10/2023)
2023-01-11MINUTE ORDER granting 27 Motion for Extension of Time. Defendant shall file its Reply in support of its Motion for Summary Judgment on or before January 24, 2023. Signed by Judge Amit P. Mehta on 01/11/2023. (lcapm3) (Entered: 01/11/2023)
2023-01-2428REPLY to opposition to motion re 23 MOTION for Summary Judgment filed by US DEPT OF JUSTICE. (Jones, Sian) (Entered: 01/24/2023)
2023-08-3129NOTICE of Appearance by Alexander Schreiber on behalf of All Defendants (Schreiber, Alexander) (Entered: 08/31/2023)
2023-09-2630MEMORANDUM OPINION re: 23 Defendant's Motion for Summary Judgment. Please see the attached Memorandum Opinion for additional details. Signed by Judge Amit P. Mehta on 09/26/2023. (lcapm2) (Entered: 09/26/2023)
2023-09-2631ORDER: For the reasons set forth in the court's Memorandum Opinion, ECF No. 30, the court grants Defendant's Motion for Summary Judgment, ECF No. 23, and enters judgment in favor of Defendant. Please see the attached Order for further details. Signed by Judge Amit P. Mehta on 09/26/2023. (lcapm2) (Entered: 09/26/2023)
2024-02-1432STIPULATION of Dismissal by U.S. DEPARTMENT OF JUSTICE. (Schreiber, Alexander) (Entered: 02/14/2024)
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