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Case TitleEllis v. National Security Agency et al
DistrictEastern District of Virginia
CityAlexandria
Case Number1:2022cv01423
Date Filed2022-12-14
Date ClosedOpen
JudgeDistrict Judge Rossie D. Alston, Jr
PlaintiffMichael J. Ellis
Case DescriptionMichael Ellis submitted two FOIA requests to the National Security Agency for records concerning the reasons why he was not confirmed at the general counsel of the NSA after the Biden administration began. The agency acknowledged receipt of the request. After hearing nothing further from the agency, Ellis filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Attorney's fees

DefendantNational Security Agency
DefendantU.S. Department of Defense
DefendantU.S. Department of Defense Office of Inspector General
DefendantOffice of the Inspector General U.S Department of Defense
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

2022-12-141Complaint ( Filing fee $ 402, receipt number AVAEDC-8709290.), filed by Michael J. Ellis. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit A - DOD OIG Request, # 3 Exhibit B - DOD OIG Response, # 4 Exhibit C - NSA and DOD Request)(Moran, John) (Attachment 1 replaced on 12/16/2022) (nlop, ). (Entered: 12/14/2022)
2022-12-142Proposed Summons to the United States of America by Michael J. Ellis. (Moran, John) (Entered: 12/14/2022)
2022-12-143Proposed Summons to the National Security Agency by Michael J. Ellis. (Moran, John) (Entered: 12/14/2022)
2022-12-144Proposed Summons to the U.S. Department of Defense by Michael J. Ellis. (Moran, John) (Entered: 12/14/2022)
2022-12-145Proposed Summons to the Office of the Inspector General, U.S. Department of Defense by Michael J. Ellis. (Moran, John) (Entered: 12/14/2022)
2022-12-14Initial Case Assignment to District Judge Rossie D. Alston, Jr and Magistrate Judge Ivan D. Davis. (nlop) (Entered: 12/16/2022)
2022-12-166Summons Issued as to National Security Agency, U.S. Department of Defense, U.S. Department of Defense Office of Inspector General, U.S. Attorney and U.S. Attorney General NOTICE TO ATTORNEY: Please remove the headers and print two duplexed copies of the electronically issued summons for each Defendant. Please serve one copy of the summons and a copy of the Complaint upon each Defendant. Please ensure that your process server returns the service copy (executed or unexecuted) to your attention and electronically file it using the filing events, Summons Returned Executed as to USA or Summons Returned Unexecuted as to USA. (Attachments: # 1 Notice to Attorney)(nlop) (Entered: 12/16/2022)
2023-01-267NOTICE of Appearance by Meghan Elizabeth Loftus on behalf of National Security Agency, Office of the Inspector General, U.S. Department of Defense (Loftus, Meghan) (Entered: 01/26/2023)
2023-01-268MOTION for Extension of Time to File Response/Reply as to 1 Complaint, by National Security Agency, Office of the Inspector General, U.S. Department of Defense. (Attachments: # 1 Proposed Order)(Loftus, Meghan) (Entered: 01/26/2023)
2023-02-03Notice of Correction re 8 MOTION for Extension of Time to File Response/Reply as to 1 Complaint. The filing user has been notified to file a Notice of Hearing Date or a Notice of Waiver of Oral Argument. (nlop) (Entered: 02/03/2023)
2023-02-039NOTICE by National Security Agency, Office of the Inspector General, U.S. Department of Defense re 8 MOTION for Extension of Time to File Response/Reply as to 1 Complaint, of Waiver of Hearing (Loftus, Meghan) (Entered: 02/03/2023)
2023-02-0610ORDER granting 8 Motion for Extension of Time to File Response/Reply. Defendants shall respond to Plaintiff's Complaint on or before February 9, 2023. Signed by Magistrate Judge Ivan D. Davis on 2/6/2023. (nlop) (Entered: 02/06/2023)
2023-02-0911Consent MOTION to Stay Case through and including June 1, 2023 by National Security Agency, Office of the Inspector General, U.S. Department of Defense. (Attachments: # 1 Proposed Order)(Loftus, Meghan) (Entered: 02/09/2023)
2023-02-1512ORDER granting 11 Consent MOTION to Stay Case through and including June 1, 2023; and it is FURTHER ORDERED that while this matter is stayed, Defendants shall file status reports with this Court every thirty (30) days, beginning with 30 days from the date of this Order; and it is FURTHER ORDERED that Defendant will file a final status report on June 1, 2023. Signed by District Judge Rossie D. Alston, Jr on 2/15/2023. (nlop) (Entered: 02/15/2023)
2023-03-0913Consent MOTION for Extension of Time to File Status Report by National Security Agency, Office of the Inspector General, U.S. Department of Defense. (Attachments: # 1 Proposed Order)(Loftus, Meghan) (Entered: 03/09/2023)
2023-03-1314ORDERED that the Motion is GRANTED. Defendants shall file their status report on or before March 21, 2023 in re 13 Consent MOTION for Extension of Time to File Status Report. Signed by Magistrate Judge Ivan D. Davis on 3/10/2023. (Dest) (Entered: 03/13/2023)
2023-03-2015STATUS REPORT by National Security Agency, Office of the Inspector General, U.S. Department of Defense. (Loftus, Meghan) (Entered: 03/20/2023)
2023-04-1716STATUS REPORT by National Security Agency, Office of the Inspector General, U.S. Department of Defense. (Loftus, Meghan) (Entered: 04/17/2023)
2023-05-1717STATUS REPORT by National Security Agency, Office of the Inspector General, U.S. Department of Defense. (Loftus, Meghan) (Entered: 05/17/2023)
2023-06-0918Request for Entry of Default as to All Defendants by Michael J. Ellis. (Attachments: # 1 Affidavit Affidavit in Support)(Moran, John) (Entered: 06/09/2023)
2023-06-1219MOTION for an Enlargement of Time Nunc Pro Tunc by National Security Agency, Office of the Inspector General, U.S. Department of Defense. (Attachments: # 1 Proposed Order, # 2 Exhibit A Answer, # 3 Exhibit B Final Status Report)(Loftus, Meghan) (Entered: 06/12/2023)
2023-06-13Notice of Correction: The filing user has been notified to file a Notice of Hearing or a Waiver of Oral Argument in re 19 MOTION for an Enlargement of Time Nunc Pro Tunc. (jlan) (Entered: 06/13/2023)
2023-06-1320NOTICE by National Security Agency, Office of the Inspector General, U.S. Department of Defense re 19 MOTION for an Enlargement of Time Nunc Pro Tunc (Loftus, Meghan) (Entered: 06/13/2023)
2023-08-1421Consent MOTION to Amend/Correct Complaint by Michael J. Ellis. (Attachments: # 1 Exhibit Proposed First Amended Complaint, # 2 Proposed Order)(Moran, John) (Entered: 08/14/2023)
2023-09-0822ORDER: This matter is before the Court on Plaintiff's Consent Motion to Amend Complaint 21 . This matter can be resolved without oral argument, as such argument would not aid the decisional process. Upon consideration of the Motion and for good cause shown, it is hereby ORDERED that the Motion 21 is GRANTED . Signed by Magistrate Judge Ivan D. Davis on 9/8/2023. (tran) (Entered: 09/08/2023)
2023-09-0824FIRST AMENDED COMPLAINT against National Security Agency, Office of the Inspector General, U.S. Department of Defense, filed by Michael J. Ellis. (Dest) (Entered: 09/25/2023)
2023-09-2223ANSWER to Complaint (Dkt. 21-1) by National Security Agency, Office of the Inspector General, U.S. Department of Defense.(Loftus, Meghan) (Entered: 09/22/2023)
2023-10-0325MOTION for Judgment on the Pleadings and for Entry of Separate Judgment by Michael J. Ellis. (Moran, John) (Entered: 10/03/2023)
2023-10-0326Memorandum in Support re 25 MOTION for Judgment on the Pleadings and for Entry of Separate Judgment filed by Michael J. Ellis. (Moran, John) (Entered: 10/03/2023)
2023-10-0327Notice of Hearing Date on November 8, 2023 re 25 MOTION for Judgment on the Pleadings and for Entry of Separate Judgment (Moran, John) (Entered: 10/03/2023)
2023-10-04Set Deadline as to 25 MOTION for Judgment on the Pleadings and for Entry of Separate Judgment. Motion Hearing set for 11/8/2023 at 10:00 AM in Alexandria Courtroom 1000 before District Judge Rossie D. Alston Jr. (wgar, ) (Entered: 10/04/2023)
2023-10-1728MOTION for Extension of Time to File Response/Reply as to 25 MOTION for Judgment on the Pleadings and for Entry of Separate Judgment by National Security Agency, Office of the Inspector General, U.S. Department of Defense. (Attachments: # 1 Proposed Order)(Loftus, Meghan) (Entered: 10/17/2023)
2023-10-19Notice of Correction: The filing user has been notified to file a Notice of Hearing Date or a Notice of Waiver of Oral Argument in re 28 MOTION for Extension of Time to File Response/Reply. (wgar, ) (Entered: 10/19/2023)
2023-10-1929NOTICE of Waiver of Hearing by National Security Agency, Office of the Inspector General, U.S. Department of Defense re 28 MOTION for Extension of Time to File Response/Reply as to 25 MOTION for Judgment on the Pleadings and for Entry of Separate Judgment (Waiver of Hearing) (Loftus, Meghan) Modified docket text on 10/20/2023 (Sbro). (Entered: 10/19/2023)
2023-10-1930NOTICE by National Security Agency, Office of the Inspector General, U.S. Department of Defense (Loftus, Meghan) (Entered: 10/19/2023)
2023-10-2031Opposition to 25 MOTION for Judgment on the Pleadings and for Entry of Separate Judgment filed by National Security Agency, Office of the Inspector General, U.S. Department of Defense. (Loftus, Meghan) (Entered: 10/20/2023)
2023-10-2032ORDERED that the Motion is GRANTED. Defendants shall file their opposition no later than October 20, 2023 in re 28 Motion for Extension of Time to File Response/Reply. Signed by Magistrate Judge Ivan D. Davis on 10/20/2023. (swil) (Entered: 10/20/2023)
2023-10-3033Consent MOTION for Leave to File Reply Brief by Michael J. Ellis. (Attachments: # 1 Exhibit Ex 1 - Reply Brief)(Moran, John) (Entered: 10/30/2023)
2023-10-3134ORDER granting 33 Motion for Leave to File Reply. Plaintiff is permitted to file his Reply Brief, attached as Exhibit 1 to the Motion, in support of his Motion for Partial Judgment on the Pleadings. Signed by Magistrate Judge Ivan D. Davis on 10/312023. (Dcrow, ) (Entered: 10/31/2023)
2023-11-07*** Motion Hearing deadline terminated - Per RDA's chambers motion set for 11/8/2023 will be decided on the papers; no oral argument will be heard (tarm) (Entered: 11/07/2023)
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