Skip to content

Case Detail

[Subscribe to updates]
Case TitleSKYWRITER COMMUNICATIONS, INC. v. NATIONAL ARCHIVES AND RECORDS ADMINISTRATION
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2023cv00171
Date Filed2023-01-20
Date Closed2023-11-20
JudgeJudge Amit P. Mehta
PlaintiffSKYWRITER COMMUNICATIONS, INC.
Case DescriptionSkywriter Communications submitted a FOIA request to the National Archives and Records Administration for records concerning the kidnapping and murder of U.S. Ambassador to Afghanistan Adolph Dubs in 1980. The agency acknowledged receipt of the request. To process the request included declassification of records. After hearing nothing further from the agency, Skywriter filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantNATIONAL ARCHIVES AND RECORDS ADMINISTRATION
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2023-01-201COMPLAINT against NATIONAL ARCHIVES AND RECORDS ADMINISTRATION ( Filing fee $ 402 receipt number ADCDC-9802346) filed by SKYWRITER COMMUNICATIONS, INC.. (Attachments: # 1 Summons to US Attorney's Office for D.C., # 2 Summons to NARA, # 3 Civil Cover Sheet)(Walz, Christine) (Entered: 01/20/2023)
2023-01-202LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests (none) by SKYWRITER COMMUNICATIONS, INC. (Walz, Christine) (Entered: 01/20/2023)
2023-01-23Case Assigned to Judge Amit P. Mehta. (zcb) (Entered: 01/23/2023)
2023-01-23NOTICE OF ERROR re 1 Complaint; emailed to christine.walz@hklaw.com, cc'd 4 associated attorneys -- The PDF file you docketed contained errors: 1. Missing summonses-government. When naming a government agent or agency as a defendant, you must supply a summons for each defendant & two additional summonses for the U.S. Attorney & U.S. Attorney General. Please submit using the event Request for Summons to Issue., 2. Note: US Atty Ofc & US Atty Gen are in 2 different locations for service (cb, ) (Entered: 01/23/2023)
2023-01-233SUMMONS Issued Electronically as to NATIONAL ARCHIVES AND RECORDS ADMINISTRATION. (Attachments: # 1 Notice and Consent)(zcb) (Entered: 01/23/2023)
2023-01-234REQUEST FOR SUMMONS TO ISSUE as to U.S. Attorney's Office for D.C., re 1 Complaint, filed by SKYWRITER COMMUNICATIONS, INC.. Related document: 1 Complaint, filed by SKYWRITER COMMUNICATIONS, INC..(Walz, Christine) (Entered: 01/23/2023)
2023-01-235REQUEST FOR SUMMONS TO ISSUE as to Attorney General of the United States, re 1 Complaint, filed by SKYWRITER COMMUNICATIONS, INC.. Related document: 1 Complaint, filed by SKYWRITER COMMUNICATIONS, INC..(Walz, Christine) (Entered: 01/23/2023)
2023-01-246NOTICE of Appearance by Cynthia Gierhart on behalf of SKYWRITER COMMUNICATIONS, INC. (Gierhart, Cynthia) (Entered: 01/24/2023)
2023-01-247NOTICE of Appearance by Sara Benson on behalf of SKYWRITER COMMUNICATIONS, INC. (Benson, Sara) (Entered: 01/24/2023)
2023-01-248SUMMONS (2) Issued Electronically as to U.S. Attorney and U.S. Attorney General. (zed) (Entered: 01/24/2023)
2023-01-279NOTICE of Supplemental Exhibits by SKYWRITER COMMUNICATIONS, INC. re 1 Complaint, (Attachments: # 1 Exhibit A - copy of request, # 2 Exhibit B - communications from NARA and the NDC, # 3 Exhibit C - administrative appeal)(Walz, Christine) (Entered: 01/27/2023)
2023-02-2210NOTICE of Appearance by Marsha Wellknown Yee on behalf of NATIONAL ARCHIVES AND RECORDS ADMINISTRATION (Yee, Marsha) (Entered: 02/22/2023)
2023-02-2711Consent MOTION for Extension of Time to File Defendant's Response to Plaintiff's Complaint by NATIONAL ARCHIVES AND RECORDS ADMINISTRATION. (Attachments: # 1 Text of Proposed Order)(Yee, Marsha) (Entered: 02/27/2023)
2023-02-28MINUTE ORDER granting 11 Consent Motion for Extension of Time to File Defendant's Response to Plaintiff's Complaint. Defendant's response shall now be due on or before March 15, 2023. Signed by Judge Amit P. Mehta on 2/28/2023. (lcapm2) (Entered: 02/28/2023)
2023-03-1512ANSWER to Complaint by NATIONAL ARCHIVES AND RECORDS ADMINISTRATION.(Yee, Marsha) (Entered: 03/15/2023)
2023-03-1613ORDER. 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 March 29, 2023. 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. Signed by Judge Amit P. Mehta on 03/16/2023. (lcapm2) (Entered: 03/16/2023)
2023-03-2914STATUS REPORT by SKYWRITER COMMUNICATIONS, INC.. (Walz, Christine) (Entered: 03/29/2023)
2023-03-30MINUTE ORDER. The parties shall file an additional Joint Status Report by May 12, 2023, concerning the status of the records referred for review to other agencies. NARA, as the FOIA recipient, has a legal obligation to timely produce records. Some delay in production for review by other agencies is tolerable, but an indefinite timeline for production is not. Accordingly, the court expects that NARA will have more concrete information about a production schedule in the next 45 days. Signed by Judge Amit P. Mehta on 3/30/2023. (lcapm2) (Entered: 03/30/2023)
2023-05-1215Joint STATUS REPORT by SKYWRITER COMMUNICATIONS, INC.. (Gierhart, Cynthia) (Entered: 05/12/2023)
2023-05-1216STATUS REPORT by SKYWRITER COMMUNICATIONS, INC.. (Attachments: # 1 Exhibit Tab A, # 2 Exhibit Tab B)(Gierhart, Cynthia) (Entered: 05/12/2023)
2023-05-15MINUTE ORDER. The court appreciates Defendant's efforts to respond to the court's minute order of March 30, 2023. This case has been pending for nearly two years. The production, at some point, must come to a close. The agency to which a FOIA request is directed is ultimately responsible for timely disclosure of records and is not absolved of that responsibility because of the consultative process with other agencies, and the court may set concrete production deadlines as appropriate. See Nat'l Pub. Radio, Inc. v. United States Dep't of the Treasury, No. 19-cv-17 (JDB), 2021 WL 1850696, at *2 (D.D.C. Mar. 31, 2021). Consistent with the decision in National Public Radio, the court orders as follows: (1) Defendant shall process by no later than June 30, 2023, all documents for which it has received responses to its consultation/coordination requests by June 15, 2023; and it is further ordered that (2) the parties shall submit a Joint Status Report by no later than July 6, 2023, detailing the status of all remaining outstanding consultation/coordination requests including (a) number of pages; (b) the date first referred for consultation; (c) the name of the consulting agency, if disclosable; (d) the consulting agency's estimated time for responding and any circumstances giving rise to that estimate; and (e) Defendant's anticipated time for processing and production thereafter. Signed by Judge Amit P. Mehta on 5/15/2023. (lcapm2) (Entered: 05/15/2023)
2023-07-0617Joint STATUS REPORT by SKYWRITER COMMUNICATIONS, INC.. (Gierhart, Cynthia) (Entered: 07/06/2023)
2023-07-06MINUTE ORDER. The parties shall file an additional Joint Status Report by August 3, 2023, which advises whether any outstanding issues remain and, if so, proposes a schedule for further proceedings. Signed by Judge Amit P. Mehta on 7/6/2023. (lcapm2) (Entered: 07/06/2023)
2023-08-0318Joint STATUS REPORT by SKYWRITER COMMUNICATIONS, INC.. (Gierhart, Cynthia) (Entered: 08/03/2023)
2023-08-04MINUTE ORDER. The parties shall file an additional Joint Status Report by September 19, 2023, which advises whether any outstanding issues remain and, if so, proposes a schedule for further proceedings. Signed by Judge Amit P. Mehta on 8/4/2023. (lcapm2) (Entered: 08/04/2023)
2023-08-04Set/Reset Deadlines: Joint Status Report due by 9/19/2023. (zsmc) (Entered: 08/04/2023)
2023-08-0919NOTICE OF SUBSTITUTION OF COUNSEL by Johnny Hillary Walker, III on behalf of NATIONAL ARCHIVES AND RECORDS ADMINISTRATION Substituting for attorney Marsha Yee (Walker, Johnny) (Entered: 08/09/2023)
2023-09-1920Joint STATUS REPORT by SKYWRITER COMMUNICATIONS, INC.. (Gierhart, Cynthia) (Entered: 09/19/2023)
2023-09-20MINUTE ORDER. The parties shall file an additional Joint Status Report by October 13, 2023, which advises whether any outstanding issues remain and, if so, proposes a schedule for further proceedings. Signed by Judge Amit P. Mehta on 9/20/23. (lcapm2) (Entered: 09/20/2023)
2023-10-1321Joint STATUS REPORT by NATIONAL ARCHIVES AND RECORDS ADMINISTRATION. (Walker, Johnny) (Entered: 10/13/2023)
2023-10-13MINUTE ORDER. The parties shall file an additional Joint Status Report by November 13, 2023, which advises whether any outstanding issues remain and, if so, proposes a schedule for further proceedings. Signed by Judge Amit P. Mehta on 10/13/23. (lcapm2) (Entered: 10/13/2023)
2023-11-1322Joint STATUS REPORT by SKYWRITER COMMUNICATIONS, INC.. (Gierhart, Cynthia) (Entered: 11/13/2023)
2023-11-2023STIPULATION of Dismissal by SKYWRITER COMMUNICATIONS, INC.. (Gierhart, Cynthia) (Entered: 11/20/2023)
Hide Docket Events
by FOIA Project Staff
Skip to toolbar