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Case TitleKHATCHADOURIAN v. FEDERAL BUREAU OF INVESTIGATION et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2022cv03734
Date Filed2022-12-15
Date ClosedOpen
JudgeJudge Randolph D. Moss
PlaintiffRAFFI KHATCHADOURIAN
Case DescriptionRaffi Khatchadourian, a journalist, submitted a FOIA request to the FBI for records concerning James Ralph Rose. Khatchadourian also requested a fee waiver and provided proof of death for Rose. The agency acknowledged receipt of the request. The agency told Khatchadourian that it could find no responsive records. Khatchadourian filed an administrative appeal. After hearing nothing further from the agency, Khatchadourian filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Attorney's fees

DefendantFEDERAL BUREAU OF INVESTIGATION
DefendantUNITED STATES DEPARTMENT OF JUSTICE
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2022-12-151COMPLAINT against FEDERAL BUREAU OF INVESTIGATION, UNITED STATES DEPARTMENT OF JUSTICE ( Filing fee $ 402 receipt number ADCDC-9736526) filed by RAFFI KHATCHADOURIAN. (Attachments: # 1 Civil Cover Sheet, # 2 Summons)(Townsend, KatieLynn) (Entered: 12/15/2022)
2022-12-16Case Assigned to Judge Randolph D. Moss. (zljn) (Entered: 12/16/2022)
2022-12-162SUMMONS (4) Issued Electronically as to FEDERAL BUREAU OF INVESTIGATION, UNITED STATES DEPARTMENT OF JUSTICE, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(zljn) (Entered: 12/16/2022)
2022-12-203STANDING 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 Randolph D. Moss on 12/20/2022. (lcrdm2) (Entered: 12/20/2022)
2023-01-044RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 12/27/2022. RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. FEDERAL BUREAU OF INVESTIGATION served on 12/28/2022; UNITED STATES DEPARTMENT OF JUSTICE served on 12/28/2022, RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 12/27/2022. ( Answer due for ALL FEDERAL DEFENDANTS by 1/26/2023.) (Townsend, KatieLynn) Modified on 1/5/2023 to add date served for AG (zjm). (Entered: 01/04/2023)
2023-01-265ANSWER to Complaint by FEDERAL BUREAU OF INVESTIGATION, UNITED STATES DEPARTMENT OF JUSTICE.(Bardo, John) (Entered: 01/26/2023)
2023-01-26MINUTE ORDER: It is ORDERED that, on or before March 3, 2023, the parties shall confer and file a joint status report addressing (1) any documents still to be produced pursuant to FOIA; (2) an anticipated schedule for processing and producing any such documents; and (3) any substantive areas of disagreement between the parties. It is FURTHER ORDERED that the parties shall appear by video for an Initial Scheduling Conference on March 10, 2023, at 10:15 a.m., via Zoom. Signed by Judge Randolph D. Moss on 1/26/2023. (lcrdm2) (Entered: 01/26/2023)
2023-01-306NOTICE of Appearance by Adam Alexander Marshall on behalf of RAFFI KHATCHADOURIAN (Marshall, Adam) (Entered: 01/30/2023)
2023-01-307NOTICE of Appearance by Gunita Singh on behalf of RAFFI KHATCHADOURIAN (Singh, Gunita) (Entered: 01/30/2023)
2023-01-318NOTICE of Appearance by Shawn Musgrave on behalf of RAFFI KHATCHADOURIAN (Musgrave, Shawn) (Entered: 01/31/2023)
2023-01-31RESOLVED...NOTICE of Provisional/Government Not Certified Status re 7 NOTICE of Appearance by Gunita Singh on behalf of RAFFI KHATCHADOURIAN (Singh, Gunita). Your attorney renewal/government certification has not been received. As a result, your membership with the U.S. District & Bankruptcy Courts for the District of Columbia is not in good standing, and you are not permitted to file. Pursuant to Local Civil Rule 83.9, you must immediately correct your membership status by following the appropriate instructions on this page of our website: https://www.dcd.uscourts.gov/attorney-renewal. Please be advised that the presiding judge in this case has been notified that you are currently not in good standing to file in this court. Renewal Due by 2/7/2023. (zbaj) Modified on 2/6/2023 (zbaj). (Entered: 01/31/2023)
2023-03-039Joint STATUS REPORT by FEDERAL BUREAU OF INVESTIGATION, UNITED STATES DEPARTMENT OF JUSTICE. (Bardo, John) (Entered: 03/03/2023)
2023-03-03MINUTE ORDER: In light of the parties' Initial Joint Status Report, Dkt. 9 , it is hereby ORDERED that (1) the parties shall file a further joint status report on June 1, 2023, and every 90 days thereafter until production is complete, and (2) the initial scheduling conference set for March 10, 2023 is VACATED. Signed by Judge Randolph D. Moss on 3/3/2023. (lcrdm2) (Entered: 03/03/2023)
2023-06-0110Joint STATUS REPORT by FEDERAL BUREAU OF INVESTIGATION, UNITED STATES DEPARTMENT OF JUSTICE. (Bardo, John) (Entered: 06/01/2023)
2023-08-0111MOTION for Status Conference by RAFFI KHATCHADOURIAN. (Attachments: # 1 Declaration of Gunita K. Singh, # 2 Text of Proposed Order)(Townsend, KatieLynn) (Attachment 1 corrected & replaced on 8/1/2023.) (ztnr). Modified event on 8/2/2023 (znmw). (Entered: 08/01/2023)
2023-08-01MINUTE ORDER: Upon consideration of Plaintiff's Motion for a Status Conference, Dkt. 11 , it is hereby ORDERED that the motion is GRANTED. It is further ORDERED that the parties shall appear for a status conference on August 10, 2023, at 10:30 a.m., via Zoom. Signed by Judge Randolph D. Moss on 8/1/2023. (lcrdm2) (Entered: 08/01/2023)
2023-08-10Minute Entry for proceedings held before Judge Randolph D. Moss: Status Conference held on 8/10/2023 by video. Parties directed to meet and confer. (Court Reporter Tim Miller) (zglw) (Entered: 08/10/2023)
2023-08-2912Joint STATUS REPORT by FEDERAL BUREAU OF INVESTIGATION, UNITED STATES DEPARTMENT OF JUSTICE. (Bardo, John) (Entered: 08/29/2023)
2023-10-2513MOTION for Briefing Schedule , MOTION for Hearing by RAFFI KHATCHADOURIAN. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Text of Proposed Order)(Townsend, KatieLynn) (Entered: 10/25/2023)
2023-10-2614ERRATA by RAFFI KHATCHADOURIAN re 13 Motion for Briefing Schedule, Motion for Hearing. (Attachments: # 1 Exhibit A)(Marshall, Adam) (Entered: 10/26/2023)
2023-10-30MINUTE ORDER: Upon consideration of Plaintiff's motion, Dkt. 13 , and in light of section 10(a) of the Courts Standing Order, the court finds a pre-motion conference is appropriate. It is hereby ORDERED that the parties shall appear on Nov. 9, 2023, at 10:30 a.m. in Courtroom 8. It is further ORDERED that Defendants submit a short notice setting forth their anticipated responses to the proposed motion on or before Nov. 6, 2023. Signed by Judge Randolph D. Moss on 10/30/23. (lcrdm2) (Entered: 10/30/2023)
2023-10-3115Consent MOTION to Continue Status Conference by RAFFI KHATCHADOURIAN. (Townsend, KatieLynn) (Entered: 10/31/2023)
2023-11-01MINUTE ORDER: Upon consideration of Plaintiff's Consent Motion to Continue Status Conference, Dkt. 15 , it is hereby ORDERED that the motion is GRANTED. The status conference previously set for November 9, 2023, is VACATED and RESCHEDULED for November 14, 2023, at 11:00 a.m. in Courtroom 8. Defendants shall submit their short notice of anticipated responses on or before November 8, 2023. Signed by Judge Randolph D. Moss on 11/1/23. (lcrdm2) (Entered: 11/01/2023)
2023-11-0816Memorandum in opposition to re 13 Motion for Briefing Schedule, Motion for Hearing filed by FEDERAL BUREAU OF INVESTIGATION, UNITED STATES DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order, # 2 Exhibit)(Bardo, John) (Entered: 11/08/2023)
2023-11-08MINUTE ORDER: Upon consideration of Plaintiff's Motion for Briefing Schedule & Motion for Hearing, Dkt. 13 , and in light of Defendants memorandum in opposition, Dkt. 16 , it is hereby ORDERED that the Motion for Briefing Schedule and Motion for Hearing are DENIED as premature. The Court concludes that given the ongoing productions, it is not yet appropriate to set a summary judgment briefing schedule. The Court further concludes that a pre-motion conference is no longer necessary and a joint status report is more appropriate. Accordingly, it is further ORDERED that the pre-motion conference currently set for Nov. 14, 2023, is VACATED. Given that the FBI anticipates it will complete its initial review of all pages responsive to Plaintiff's request on November 30, 2023, it is further ORDERED that the joint status report otherwise scheduled to be due on Nov. 28, 2023, under the Court's March 3, 2023, Minute Order, shall now be due on or before Dec. 4, 2023. Signed by Judge Randolph D. Moss on 11/8/23. (lcrdm2) (Entered: 11/08/2023)
2023-12-0417Joint STATUS REPORT by RAFFI KHATCHADOURIAN. (Townsend, KatieLynn) (Entered: 12/04/2023)
2023-12-05MINUTE ORDER: In light of the parties' Joint Status Report, Dkt. 17 , it is hereby ORDERED that the parties shall file a further joint status report on or before January 4, 2024. Signed by Judge Randolph D. Moss on 12/5/23. (lcrdm2) (Entered: 12/05/2023)
2024-01-0418Joint STATUS REPORT by RAFFI KHATCHADOURIAN. (Townsend, KatieLynn) (Entered: 01/04/2024)
2024-01-07MINUTE ORDER: In light of the parties' Joint Status Report, Dkt. 18 , it is hereby ORDERED that the parties shall file a further joint status report on or before February 2, 2024. Signed by Judge Randolph D. Moss on 1/7/24. (lcrdm2) (Entered: 01/07/2024)
2024-01-1019NOTICE OF WITHDRAWAL OF APPEARANCE as to RAFFI KHATCHADOURIAN. Attorney Shawn Musgrave terminated. (Musgrave, Shawn) (Entered: 01/10/2024)
2024-02-0220Joint STATUS REPORT by RAFFI KHATCHADOURIAN. (Townsend, KatieLynn) (Entered: 02/02/2024)
2024-02-02MINUTE ORDER: In light of the parties' Joint Status Report, Dkt. 20 , it is hereby ORDERED that the parties shall file a further joint status report on or before April 2, 2024. Signed by Judge Randolph D. Moss on 2/2/24. (lcrdm2) (Entered: 02/02/2024)
2024-02-1421MOTION for Briefing Schedule & Processing Order by RAFFI KHATCHADOURIAN. (Attachments: # 1 Text of Proposed Order)(Townsend, KatieLynn) (Entered: 02/14/2024)
2024-02-2722Memorandum in opposition to re 21 Motion for Briefing Schedule filed by FEDERAL BUREAU OF INVESTIGATION, UNITED STATES DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order)(Bardo, John) (Entered: 02/27/2024)
2024-03-0423REPLY to opposition to motion re 21 MOTION for Briefing Schedule & Processing Order filed by RAFFI KHATCHADOURIAN. (Townsend, KatieLynn) (Entered: 03/04/2024)
2024-03-05MINUTE ORDER: Upon consideration of Plaintiff's Motion for Briefing Schedule and Processing Order, Dkt. 21 , it is hereby ORDERED that the motion is GRANTED in part and DENIED in part. It is further ORDERED that: (1) Defendants shall complete their review and productions on or before April 8, 2024; (2) Defendants shall file their Vaughn index and motion for summary judgment on or before May 13, 2024; (3) Plaintiff shall file his cross-motion and opposition to Defendants' motion for summary judgment on or before June 3, 2024; (4) Defendants shall file their opposition to Plaintiff's cross-motion for summary judgment and reply on or before June 28, 2024; and (5) Plaintiff shall file his reply on or before July 19, 2024. Signed by Judge Randolph D. Moss on 3/5/24. (lcrdm2) (Entered: 03/05/2024)
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