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Case TitleLlamas et al v. U.S. Army et al
DistrictMiddle District of Florida
CityOrlando
Case Number6:2021cv01168
Date Filed2021-07-18
Date Closed2023-07-28
JudgeJudge Roy B. Dalton, Jr.
PlaintiffNoelle Llamas
PlaintiffKen Klippenstein
Case DescriptionNoelle Llamas and Ken Klipperstein, a reporter at the Intercept, submitted FOIA requests to the Department of Army, the FBI, and the Secret Service for emails from those agencies sent or received during the Jan. 6, 2021, insurrection at the Capitol. Klipperstein also requested inclusion in the news media fee category. The agencies acknowledged receipt of the requests but after hearing nothing further from the agencies, Llamas and Klipperstein filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantU.S. Army
DefendantFederal Bureau of Investigation
DefendantOffice of Intelligence and Analysis
DefendantNational Guard
DefendantOffice of the Director of National Intelligence
DefendantU.S. Secret Service
Documents
Docket
Complaint
Complaint attachment 1
Opinion/Order [33]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2021-07-181COMPLAINT against All Defendants (Filing fee $ 402 receipt number AFLMDC-18487206) filed by All Plaintiffs. (Attachments: # 1 Civil Cover Sheet)(Bourdon, Elizabeth) (Entered: 07/18/2021)
2021-07-182PROPOSED summons to be issued as to U.S. Army by KEN KLIPPENSTEIN, NOELLE LLAMAS. (Bourdon, Elizabeth) Modified on 7/19/2021 (KNC). (Entered: 07/18/2021)
2021-07-183PROPOSED summons to be issued as to U.S. Attorney's Office by KEN KLIPPENSTEIN, NOELLE LLAMAS. (Bourdon, Elizabeth) Modified on 7/19/2021 (KNC). (Entered: 07/18/2021)
2021-07-184PROPOSED summons to be issued as to Federal Bureau of Investigation by KEN KLIPPENSTEIN, NOELLE LLAMAS. (Bourdon, Elizabeth) Modified on 7/19/2021 (KNC). (Entered: 07/18/2021)
2021-07-185PROPOSED summons to be issued as to Attorney General by KEN KLIPPENSTEIN, NOELLE LLAMAS. (Bourdon, Elizabeth) Modified on 7/19/2021 (KNC). (Entered: 07/18/2021)
2021-07-186PROPOSED summons to be issued as to Office of Intelligence and Analysis by KEN KLIPPENSTEIN, NOELLE LLAMAS. (Bourdon, Elizabeth) Modified on 7/19/2021 (KNC). (Entered: 07/18/2021)
2021-07-187PROPOSED summons to be issued as to National Guard by KEN KLIPPENSTEIN, NOELLE LLAMAS. (Bourdon, Elizabeth) Modified on 7/19/2021 (KNC). (Entered: 07/18/2021)
2021-07-188PROPOSED summons to be issued as to Office of the Director of National Intelligence by KEN KLIPPENSTEIN, NOELLE LLAMAS. (Bourdon, Elizabeth) Modified on 7/19/2021 (KNC). (Entered: 07/18/2021)
2021-07-189PROPOSED summons to be issued as to U.S. Secret Service by KEN KLIPPENSTEIN, NOELLE LLAMAS. (Bourdon, Elizabeth) Modified on 7/19/2021 (KNC). (Entered: 07/18/2021)
2021-07-1910NEW CASE ASSIGNED to Judge Roy B. Dalton, Jr. and Magistrate Judge Leslie R. Hoffman. New case number: 6:21-cv-1168-RBD-LRH. (SJB) (Entered: 07/19/2021)
2021-07-1911SUMMONS issued as to All Defendants, U.S. Attorney and U.S. Attorney General. (KNC) (Entered: 07/19/2021)
2021-07-2312INITIAL ORDER re Case Management and Deadlines. Signed by Judge Roy B. Dalton, Jr. on 7/23/2021. (BIA) (ctp) (Entered: 07/23/2021)
2021-07-3013NOTICE of a related action per Local Rule 1.07(c) by Ken Klippenstein, Noelle Llamas. Related case(s): No (Bourdon, Elizabeth) (Entered: 07/30/2021)
2021-07-3014CERTIFICATE of interested persons and corporate disclosure statement re 12 Order pdf by Ken Klippenstein, Noelle Llamas identifying Corporate Parent The Intercept for Ken Klippenstein, Noelle Llamas. (Bourdon, Elizabeth) (Entered: 07/30/2021)
2021-08-1015Remark: Doc. 14 has been reviewed. Signed by Judge Roy B. Dalton, Jr. on 8/9/2021. (LLM) (Entered: 08/10/2021)
2021-08-2616ANSWER to 1 Complaint by Federal Bureau of Investigation, National Guard, Office of Intelligence and Analysis, Office of the Director of National Intelligence, U.S. Army, U.S. Secret Service.(Newman, Lisa) (Entered: 08/26/2021)
2021-09-2017ORDER directing compliance to 12 Initial Order. On or before October 4, 2021, the Defendants are DIRECTED to file a Certificate of Interested Persons and Corporate Disclosure Statement that comply with the Court's order. Signed by Judge Roy B. Dalton, Jr. on 9/20/2021. (BIA) (ctp) (Entered: 09/20/2021)
2021-10-0418CERTIFICATE of interested persons and corporate disclosure statement by Federal Bureau of Investigation, National Guard, Office of Intelligence and Analysis, Office of the Director of National Intelligence, U.S. Army, U.S. Secret Service. (Newman, Lisa) (Entered: 10/04/2021)
2021-10-0719Remark: Doc. 18 has been reviewed. Signed by Judge Roy B. Dalton, Jr. on 10/6/2021. (LLM) (Entered: 10/07/2021)
2021-10-0820Joint MOTION for Extension of Time to File Case Management Report by Ken Klippenstein, Noelle Llamas. (Bourdon, Elizabeth) Motions referred to Magistrate Judge Leslie R. Hoffman. (Entered: 10/08/2021)
2021-10-1221ORDER denying without prejudice 20 Joint Motion for Extension of Time to File Case Management Report. Signed by Magistrate Judge Leslie R. Hoffman on 10/12/2021. (TYI) (KNC). (Entered: 10/12/2021)
2021-10-1322Joint MOTION for Extension of Time to File Case Management Report Nunc Pro Tunc by All Defendants. (Newman, Lisa) Motions referred to Magistrate Judge Leslie R. Hoffman. (Entered: 10/13/2021)
2021-10-1423ORDER granting 22 Joint Nunc Pro Tunc Motion to Extend Time to File Case Management Report. The deadline for the parties to file the Case Management Report is extended up to and including October 15, 2021. Signed by Magistrate Judge Leslie R. Hoffman on 10/14/2021. (TYI) (Entered: 10/14/2021)
2021-10-15Set deadlines: Case management report due by 10/15/2021 (KNC) (Entered: 10/15/2021)
2021-10-1524CASE MANAGEMENT REPORT. (Bourdon, Elizabeth) (Entered: 10/15/2021)
2021-11-0425NOTICE of hearing: Preliminary Pretrial Conference set for 11/23/2021 at 09:30 AM via Zoom Video Conference before Magistrate Judge Leslie R. Hoffman. The Court will send a Zoom invitation to each counsel of record's email address. (ECJ) (Entered: 11/04/2021)
2021-11-2326Minute Entry. Virtual Proceedings held before Magistrate Judge Leslie R. Hoffman: PRELIMINARY PRETRIAL CONFERENCE held on 11/23/2021. (DIGITAL) (ECJ) (Entered: 11/23/2021)
2021-11-2328SCHEDULING ORDER. Deadline for moving to join a party or amend the pleadings: April 30, 2022; Deadline for filing summary judgment motions: October 28, 2022; Deadline for responses to summary judgment motions: November 28, 2022; Deadline for reply briefs to summary judgment motions: December 12, 2022. See Order for further details. Signed by Magistrate Judge Leslie R. Hoffman on 11/23/2021. (TYI) (Entered: 11/23/2021)
2021-11-24Set scheduling order deadlines: Amended Pleadings due by 4/30/2022 Joinder of Parties due by 4/30/2022 Summary Judgment motions due by 10/28/2022 (KNC) (Entered: 11/24/2021)
2022-08-1929NOTICE of Appearance by Clifford Lee Reeves, II on behalf of Federal Bureau of Investigation, National Guard, Office of Intelligence and Analysis, Office of the Director of National Intelligence, U.S. Army, U.S. Secret Service (Reeves, Clifford) (Entered: 08/19/2022)
2022-08-2830***STRICKEN PER ORDER SEE DE 31***NOTICE of Withdrawal of Counsel by Federal Bureau of Investigation, National Guard, Office of Intelligence and Analysis, Office of the Director of National Intelligence, U.S. Army, U.S. Secret Service (Newman, Lisa) Modified text on 8/29/2022 (SRD). Modified on 9/6/2022 (RLK). (Entered: 08/28/2022)
2022-09-0231ORDER to strike re: 30 Notice (Other), filed by Office of Intelligence and Analysis, National Guard, Office of the Director of National Intelligence, U.S. Army, U.S. Secret Service, Federal Bureau of Investigation Signed by Judge Roy B. Dalton, Jr. on 9/2/2022. (YG) (Entered: 09/02/2022)
2022-10-2132Consent MOTION to Stay re 28 Order pdf, re: Summary Judgment Briefing by All Defendants. (Reeves, Clifford) (Entered: 10/21/2022)
2022-10-2533ORDER granting 32 Consent Motion to Stay Briefing Schedule. The summary judgment briefing schedule set forth in the Court's November 23, 2021 Order (Doc. No. 28) is hereby STAYED. The parties shall file a joint status report on or before March 31, 2023 updating the Court on Defendants' processing of Plaintiffs' FOIA requests and, if appropriate, proposing a schedule for briefing motions for summary judgment. See PDF for additional details. Signed by Magistrate Judge Leslie Hoffman Price on 10/25/2022. (BAB) (Entered: 10/25/2022)
2022-10-25Set deadline: Status Report due by 3/31/2023. (LDJ) (Entered: 10/26/2022)
2023-03-3134STATUS report by National Guard, U.S. Army, Office of the Director of National Intelligence, U.S. Secret Service, Federal Bureau of Investigation, Office of Intelligence and Analysis. (Reeves, Clifford) (Entered: 03/31/2023)
2023-04-0335ORDER re 34 Joint Status Report. It is ORDERED that the parties shall file an updated status report on or before June 30, 2023. Given the length of time that this case has been pending, the Court will expect a proposed briefing schedule at that time, absent a showing of truly exigent circumstances. Signed by Magistrate Judge Leslie Hoffman Price on 4/3/2023. (MKH) (Entered: 04/03/2023)
2023-04-03Set deadlines: Status Report due by 6/30/2023. (KNC) (Entered: 04/11/2023)
2023-06-3036Joint STATUS Report by National Guard, U.S. Army, Office of the Director of National Intelligence, U.S. Secret Service, Federal Bureau of Investigation, Office of Intelligence and Analysis. (Reeves, Clifford) Modified on 7/3/2023 to edit text (ABC). (Entered: 06/30/2023)
2023-07-1137ORDER Setting Hearing re 36 Status report: Hearing set for 7/26/2023 at 01:30 PM in Orlando Courtroom 5D before Magistrate Judge Leslie Hoffman Price. Signed by Magistrate Judge Leslie Hoffman Price on 7/11/2023. (MKH) (Entered: 07/11/2023)
2023-07-1338Unopposed MOTION for Lisa Newman to Withdraw as Attorney by Federal Bureau of Investigation, National Guard, Office of Intelligence and Analysis, Office of the Director of National Intelligence, U.S. Army, U.S. Secret Service. (Newman, Lisa) Motions referred to Magistrate Judge Leslie Hoffman Price. (Entered: 07/13/2023)
2023-07-1339ORDER granting 38 Unopposed Motion to Withdraw as Counsel. Attorney Lisa Newman terminated. Signed by Magistrate Judge Leslie Hoffman Price on 7/13/2023. (MKH) (Entered: 07/13/2023)
2023-07-1840Joint MOTION for Lee Reeves; Beth Bourdon to appear telephonically by All Defendants. (Reeves, Clifford) (Entered: 07/18/2023)
2023-07-1941ORDER denying 40 Joint Motion to Appear Telephonically, canceling 37 July 26, 2023 Hearing. Within seven (7) days of the date of this Order, the parties shall file a revised Joint Status Report, which must address the issues outlined in this Order. See PDF Order. Signed by Magistrate Judge Leslie Hoffman Price on 7/19/2023. (MKH) (Entered: 07/19/2023)
2023-07-2642STIPULATION of Dismissal by Ken Klippenstein, Noelle Llamas. (Bourdon, Elizabeth) (Entered: 07/26/2023)
2023-07-2843ORDER dismissing case without prejudice re 42 Stipulation of Dismissal. All pending motions are denied as moot and all deadlines and hearings are terminated. The Clerk is directed to close the file. Signed by Judge Roy B. Dalton, Jr. on 7/27/2023. (ALL) (Entered: 07/28/2023)
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