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Case TitleCRYER v. NATIONAL ARCHIVES AND RECORDS ADMINISTRATION
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2022cv00041
Date Filed2022-01-07
Date ClosedOpen
JudgeJudge Ana C. Reyes
PlaintiffJON CRYER
Case DescriptionActor Jon Cryer submitted FOIA requests to the FBI and the National Archives and Records Administration for records concerning his relative, Peter Niven Kiger, who was a member of War Resisters during the Vietnam War. The agencies acknowledged receipt of the requests. The FBI told Cryer that it had destroyed any records it had but that responsive records had been transferred to NARA. However, NARA told Cryer that it could find no records responsive to has request. After hearing nothing from NARA, Cryer filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantNATIONAL ARCHIVES AND RECORDS ADMINISTRATION
DefendantNATIONAL ARCHIVES AND RECORD ADMINISTRATION
8601 Adelphia Road
College Park, MD 20740-6001
DefendantDEPARTMENT OF JUSTICE
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2022-01-071COMPLAINT against JON CRYER ( Filing fee $ 402 receipt number ADCDC-8965812) filed by JON CRYER. (Attachments: # 1 Civil Cover Sheet Civil Cover Sheet, # 2 Summons Summons - NARA, # 3 Summons Summons - AG, # 4 Summons Summons - USAO DC)(Zaid, Mark) (Entered: 01/07/2022)
2022-01-072Ex Parte MOTION for Leave to File Complaint Using Counsel's Office Address by JON CRYER. (Attachments: # 1 Exhibit Ex. 1 - Declaration of Mark S. Zaid, # 2 Text of Proposed Order Proposed Order)(Zaid, Mark) (Entered: 01/07/2022)
2022-01-11NOTICE OF ERROR re 1 Complaint; emailed to Mark@MarkZaid.com, cc'd 1 associated attorneys -- The PDF file you docketed contained errors: 1. No signature. Please file the signed document using the event Errata. All filings must have an original signature or '/s/ Attorney Name' to represent an electronic signature of the filer., 2. COMPLIANCE DEADLINE is by close of business today. This case will not proceed any further until all errors are satisfied. (znmg, ) (Entered: 01/11/2022)
2022-01-113ERRATA re: Corrected Complaint by JON CRYER. (Attachments: # 1 Exhibit 1 - Corrected Complaint)(Zaid, Mark) (Entered: 01/11/2022)
2022-01-12NOTICE OF ERROR re 3 Errata; emailed to Mark@MarkZaid.com, cc'd 1 associated attorneys -- The PDF file you docketed contained errors: 1. Noncompliance with LCvR 5.1(c). Please file an errata correcting the initiating pleading to include the name & full residence address of each party using the event Errata., 2. COMPLIANCE DEADLINE is by close of business today. This case will not proceed any further until all errors are satisfied. (znmg, ) (Entered: 01/12/2022)
2022-01-124ERRATA correcting Complaint by JON CRYER. (Attachments: # 1 Exhibit 1 - Corrected Complaint)(Zaid, Mark) (Entered: 01/12/2022)
2022-01-13Case Assigned to Judge Florence Y. Pan. (znmg) (Entered: 01/13/2022)
2022-01-135SUMMONS (3) Issued Electronically as to NATIONAL ARCHIVES AND RECORDS ADMINISTRATION, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(znmg) (Entered: 01/13/2022)
2022-01-146STANDING ORDER: The parties are hereby ORDERED to comply with the directives set forth in the attached Standing Order. See document for details. Signed by Judge Florence Y. Pan on 1/14/2022. (lcrl) (Entered: 01/14/2022)
2022-01-18MINUTE ORDER granting 2 Ex Parte Motion for Leave to File Complaint Using Counsel's Office Address for good cause shown. Plaintiff is hereby excused from listing his residential address on the Complaint. Signed by Judge Florence Y. Pan on 1/18/2022. (lcrl) (Entered: 01/18/2022)
2022-02-037RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 1/31/2022. Answer due for ALL FEDERAL DEFENDANTS by 3/2/2022. (Attachments: # 1 Exhibit 1 - USPS Tracking Info)(Zaid, Mark) (Entered: 02/03/2022)
2022-03-018ANSWER to Complaint by NATIONAL ARCHIVES AND RECORDS ADMINISTRATION.(Seabrook, April) (Entered: 03/01/2022)
2022-03-029ORDER: Parties shall meet and confer and file a joint status report by April 4, 2022. Signed by Judge Florence Y. Pan on 3/2/2022. (lcrl) (Entered: 03/02/2022)
2022-03-02Set/Reset Deadlines: Joint Status Report due by 4/4/2022. (zacr) (Entered: 03/02/2022)
2022-04-0410Joint STATUS REPORT by NATIONAL ARCHIVES AND RECORDS ADMINISTRATION. (Attachments: # 1 Text of Proposed Order)(Seabrook, April) (Entered: 04/04/2022)
2022-04-06MINUTE ORDER. Upon consideration of the parties' 10 Joint Status Report, a Status Conference is set for April 20, 2022, at 3:00 p.m. Signed by Judge Florence Y. Pan on 4/6/2022. (lcrl) (Entered: 04/06/2022)
2022-04-06NOTICE OF HEARING: Status Conference set for 4/20/2022 at 3:00 PM via Zoom videoconference before Judge Florence Y. Pan. The Courtroom Deputy will reach out to the parties with Zoom instructions.(zacr) (Entered: 04/06/2022)
2022-04-0711NOTICE of Appearance by Bradley Prescott Moss on behalf of JON CRYER (Moss, Bradley) (Entered: 04/07/2022)
2022-04-20Minute Entry for proceedings held before Judge Florence Y. Pan: Status Conference held via videoconference on 4/20/2022. Parties discussed status of the case. Joint Status Report due by 5/18/2022. (Court Reporter Nancy Meyer.) (zacr) (Entered: 04/20/2022)
2022-05-1812Joint STATUS REPORT by NATIONAL ARCHIVES AND RECORDS ADMINISTRATION. (Attachments: # 1 Text of Proposed Order)(Seabrook, April) (Entered: 05/18/2022)
2022-05-20MINUTE ORDER. Upon consideration of the parties' 12 Joint Status Report, the parties are directed to file another joint status report on or before June 17, 2022. Signed by Judge Florence Y. Pan on 5/20/2022. (lcrl) (Entered: 05/20/2022)
2022-05-20Set/Reset Deadlines: Joint Status Report due by 6/17/2022. (zacr) (Entered: 05/20/2022)
2022-06-1513Joint STATUS REPORT by NATIONAL ARCHIVES AND RECORDS ADMINISTRATION. (Attachments: # 1 Text of Proposed Order)(Seabrook, April) (Entered: 06/15/2022)
2022-06-17MINUTE ORDER. Upon consideration of the parties' 13 Joint Status Report, the parties are directed to file another joint status report on or before July 19, 2022. Signed by Judge Florence Y. Pan on 6/17/22. (lckw) (Entered: 06/17/2022)
2022-06-17Set/Reset Deadlines: Joint Status Report due by 7/19/2022. (zacr) (Entered: 06/17/2022)
2022-07-1914Joint STATUS REPORT by NATIONAL ARCHIVES AND RECORDS ADMINISTRATION. (Attachments: # 1 Text of Proposed Order)(Seabrook, April) (Entered: 07/19/2022)
2022-07-20MINUTE ORDER. Upon consideration of the parties' 14 Joint Status Report, the parties are directed to file another joint status report on or before August 30, 2022. Signed by Judge Florence Y. Pan on 7/20/22. (lckw) (Entered: 07/20/2022)
2022-07-20Set/Reset Deadlines: Joint Status Report due by 8/30/2022. (smc) (Entered: 07/21/2022)
2022-08-0915NOTICE OF SUBSTITUTION OF COUNSEL by Marsha Wellknown Yee on behalf of NATIONAL ARCHIVES AND RECORDS ADMINISTRATION Substituting for attorney April Denise Seabrook (Yee, Marsha) (Entered: 08/09/2022)
2022-08-3016Joint STATUS REPORT by NATIONAL ARCHIVES AND RECORDS ADMINISTRATION. (Yee, Marsha) (Entered: 08/30/2022)
2022-08-30MINUTE ORDER. Upon consideration of the parties' 16 Joint Status Report, the parties are ordered to submit another joint status report by October 5, 2022. Signed by Judge Florence Y. Pan on 8/30/2022. (znl) (Entered: 08/30/2022)
2022-08-30Set/Reset Deadlines: Joint Status Report due by 10/5/2022. (smc) (Entered: 08/30/2022)
2022-09-23Judge Florence Y. Pan has been elevated to serve on the U.S. Court of Appeals for the D.C. Circuit. She is therefore no longer assigned to this case, and this matter has been reassigned to the Calendar Committee, which will oversee it until it is assigned to another district judge. Any questions should be directed to Judge Pan's former deputy clerk, Samantha Calloway, at 202-354-3163 or samantha_calloway@dcd.uscourts.gov. (ztnr) (Entered: 09/23/2022)
2022-10-0517Joint STATUS REPORT by NATIONAL ARCHIVES AND RECORDS ADMINISTRATION. (Yee, Marsha) (Entered: 10/05/2022)
2023-02-24Case directly reassigned to District Judge Ana C. Reyes. Circuit Judge Florence Y. Pan is no longer assigned to the case. (ztnr) (Entered: 02/24/2023)
2023-04-1318NOTICE OF SUBSTITUTION OF COUNSEL by Fithawi Berhane on behalf of NATIONAL ARCHIVES AND RECORDS ADMINISTRATION Substituting for attorney Marsha W. Yee (Berhane, Fithawi) (Entered: 04/13/2023)
2023-10-1619MOTION Leave to File First Amended Complaint by JON CRYER. (Attachments: # 1 Memorandum in Support, # 2 Exhibit A - clean FAC, # 3 Exhibit B - redlined FAC, # 4 Exhibit C - Dolenz Order, # 5 Text of Proposed Order)(Moss, Bradley) (Entered: 10/16/2023)
2023-12-05MINUTE ORDER. Upon consideration of Plaintiff's 19 Motion for Leave to File First Amended Complaint; the entire record herein; and the fact that although Defendant told Plaintiff it opposed his motion, it never filed an opposition, it is hereby ORDERED that Plaintiff's Motion is GRANTED, see Fed. R. Civ. P. 15(a)(2), and it is further ORDERED that Plaintiff's First Amended Complaint, Dkt. 19-2, is hereby deemed filed. Signed by Judge Ana C. Reyes on 12/5/2023. (lcacr1) (Entered: 12/05/2023)
2023-12-0520FIRST AMENDED COMPLAINT against NATIONAL ARCHIVES AND RECORDS ADMINISTRATION, DEPARTMENT OF JUSTICE filed by JON CRYER.(znmw) (Entered: 12/06/2023)
2023-12-2021ANSWER to 20 Amended Complaint by DEPARTMENT OF JUSTICE, NATIONAL ARCHIVES AND RECORDS ADMINISTRATION.(Berhane, Fithawi) (Entered: 12/20/2023)
2023-12-21MINUTE ORDER directing the parties to meet and confer and file a joint status report on or before January 11, 2024. Signed by Judge Ana C. Reyes on 12/21/2023 (lcacr1) (Entered: 12/21/2023)
2023-12-26Set/Reset Deadlines/Hearings: Joint Status Report due by 1/11/2024. (zcdw) (Entered: 12/26/2023)
2024-01-1122Joint STATUS REPORT by DEPARTMENT OF JUSTICE, NATIONAL ARCHIVES AND RECORDS ADMINISTRATION. (Berhane, Fithawi) (Entered: 01/11/2024)
2024-01-11MINUTE ORDER directing the parties to file another joint status report on or before March 11, 2024. SO ORDERED. Signed by Judge Ana C. Reyes on 1/11/2024. (lcacr1) (Entered: 01/11/2024)
2024-01-19Set/Reset Deadlines/Hearings: Joint Status Report due by 3/11/2024. (zcdw) (Entered: 01/19/2024)
2024-03-1123Joint STATUS REPORT by JON CRYER. (Zaid, Mark) (Entered: 03/11/2024)
2024-03-13MINUTE ORDER directing the parties to file another joint status report on or before May 13, 2024, and every 60 days thereafter. SO ORDERED. Signed by Judge Ana C. Reyes on 3/13/2024. (lcacr1) (Entered: 03/13/2024)
2024-03-14Set/Reset Deadlines/Hearings: Joint Status Report due by 5/13/2024. (zcdw) (Entered: 03/14/2024)
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by FOIA Project Staff
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