Case Detail

FOIA Project Annotation: A federal court in Virginia has ruled that a series of FOIA requests submitted to the CIA by the James Madison Project pertaining to the indexing and organizational structure of the agency's records, and the components of the agency to which FOIA requests are usually "tasked" for a response failed to adequately describe the records sought. The court agreed that the organizational structure request was too broad "because the term 'pertaining to' is synonymous to the term 'relating to,' which generally indicates an overbroad request." The court rejected JMP's claim that the language was not overbroad, by citing several dictionary definitions of "pertaining" to show that it indeed did mean "relating to." The court observed that "as such, the language is overbroad." The court then pointed out that because any FOIA request could require the agency to search almost any of its components, explaining its records structure would be too burdensome. The court indicated that "based on its case-specific approach to FOIA requests, the CIA would potentially have to develop multiple strategies across all of its offices to locate all documents responsive to Plaintiff's broad request. Such an undertaking would be far too onerous and beyond the scope of any search contemplated under FOIA." The court then found that the requests for tasking information were too vague. The court further observed that "ostensibly, then, any search tool or index could be used to process FOIA requests. Category Four appears to contemplate production of all documents pertaining to all search tools and indices used by the CIA. Category Four is clearly overbroad and would place an unreasonable burden on the CIA." Whereas an occasional request might have been overbroad in the past, Congress resolved that problem in the 1996 EFOIA amendments by requiring agencies to contact requesters for clarification, including requests that were too burdensome or inexplicable. Although the request was confusingly worded, without any showing that the agency pursued that requirement and that JMP refused to cooperate or modify its request, the agency essentially vitiates any claim that it did not understand the request. If the CIA did not believe this request adequately described records, it had a statutory obligation to seek clarification. Absent that, it had no legal basis for feigning bewilderment.
Issues: Request - Specificity

Date Filed	Doc #	Docket Text
2008-12-22	1	COMPLAINT against Central Intelligence Agency ( Filing fee $ 350 receipt number 14683002892.), filed by James Madison Project. (Attachments: # 1 Civil Cover Sheet, # 2 Receipt)(jcor, ) (Entered: 12/24/2008)
2008-12-22	2	Summons Issued as to Central Intelligence Agency, US Attorney and US Attorney General. To be served by certified mail.(jcor, ) (Entered: 12/24/2008)
2008-12-22	3	Financial Interest Disclosure Statement (Local Rule 7.1) by James Madison Project. (jcor, ) (Entered: 12/24/2008)
2009-01-02	4	Certificate of Reporting Service by the U.S. Attorney; U.S. Attorney served on 12/23/2008, answer due 2/23/2009. (stas) (Entered: 01/02/2009)
2009-01-06	5	ORDER granting application of Kelly Brian McClanahan to appear pro hac vice; Filing fee $ 50.00, receipt number 14683002891. Signed by District Judge Gerald Bruce Lee on 1/6/2009. (Attachments: # 1 Receipt)(stas) (Entered: 01/06/2009)
2009-01-21	6	Consent MOTION for Extension of Time to File Answer by Central Intelligence Agency. (Attachments: # 1 Proposed Order)(Wetzler, Lauren) (Entered: 01/21/2009)
2009-01-22	7	ORDER that the 6 Consent MOTION for Extension of Time to File Answer by Central Intelligence Agency is GRANTED and that the Defendant, Central Intelligence Agency shall answer the complaint on or before 2/11/2009. Signed by District Judge Gerald Bruce Lee on 1/22/2009. (stas) (Entered: 01/22/2009)
2009-01-26	8	Letter from Kel McClanahan, Esq. to Lauren Wetzler, Esq Re: Service of Complaint. (Attachments: # 1 Attachment 1, # 2 Attachment 2)(stas) (Entered: 01/28/2009)
2009-02-11	9	ANSWER to 1 Complaint by Central Intelligence Agency.(Wetzler, Lauren) (Entered: 02/11/2009)
2009-02-17	10	SCHEDULING ORDER: Initial Pretrial Conference set for 3/11/2009 at 10:00 AM before Magistrate Judge Thomas Rawles Jones Jr. Discovery due by 7/10/2009. Final Pretrial Conference set for 7/16/2009 at 10:00 AM before District Judge Gerald Bruce Lee. Signed by District Judge Gerald Bruce Lee on 2/17/2009. VACATED PER ORDER OF MARCH 5, 2009)(stas) Modified on 3/5/2009 to note order is vacated (stas). (Entered: 02/18/2009)
2009-03-05	11	AGREED ORDER that on or before March 18, 2009, Defendant shall file a Motion for Summary Judgment; Plaintiff shall, on or before April 6, 2009, file an opposition to Defendant's summary judgment motion; Defendant shall, on or before April 27, 2009, file a reply brief in support of its summary judgment motion; and Defendant shall notice a hearing on the matter for May 8, 2009. It is further ORDERED that the scheduling order issued on February 17, 2009 is hereby VACATED. Signed by District Judge Gerald Bruce Lee on 3/5/2009. (stas) (Entered: 03/05/2009)
2009-03-18	12	MOTION for Summary Judgment by Central Intelligence Agency. (Wetzler, Lauren) (Entered: 03/18/2009)
2009-03-18	13	Memorandum in Support re 12 MOTION for Summary Judgment filed by Central Intelligence Agency. (Attachments: # 1 Exhibit A (Nelson Declaration), # 2 Exhibit 1 to Nelson Declaration, # 3 Exhibit 2 to Nelson Declaration, # 4 Exhibit B (Lambert Declaration))(Wetzler, Lauren) (Entered: 03/18/2009)
2009-03-18	14	Notice of Hearing Date set for 05/08/09 re 12 MOTION for Summary Judgment (Wetzler, Lauren) (Entered: 03/18/2009)
2009-03-19		Set Deadlines as to 12 MOTION for Summary Judgment. Motion Hearing set for 5/8/2009 at 10:00 AM before District Judge Gerald Bruce Lee. (clar, ) (Entered: 03/19/2009)
2009-04-06	15	Memorandum in Opposition re 12 MOTION for Summary Judgment filed by James Madison Project. (Attachments: # 1 Affidavit Declaration of Mark S. Zaid, # 2 Exhibit Exhibit 1 to Zaid Declaration, # 3 Exhibit Exhibit 2 to Zaid Declaration, # 4 Exhibit Exhibit 3 to Zaid Declaration, # 5 Exhibit Exhibit B - Deposition of Louis Dube, # 6 Proposed Order Proposed order)(Puckett, Neal) (Entered: 04/06/2009)
2009-04-07		Notice of Correction re: 15 Memorandum in Opposition re 12 MOTION for Summary Judgment filed by James Madison Project. The filing user selected the wrong event. Memorandum in Opposition to Motion was selected, and Response in Opposition to Motion should have been selected. The docket has been corrected.The filing user has also been notified to file future documents with the correct signature block and to file a separate Certificate of Service.(stas) (Entered: 04/07/2009)
2009-04-07	16	CERTIFICATE of Service re 15 Memorandum in Opposition, by Neal Allen Puckett on behalf of James Madison Project (Puckett, Neal) (Entered: 04/07/2009)
2009-04-27	17	REPLY to Response to Motion re 12 MOTION for Summary Judgment filed by Central Intelligence Agency. (Attachments: # 1 Exhibit 3 to Nelson Declaration)(Wetzler, Lauren) (Entered: 04/27/2009)
2009-04-29		Reset Deadlines as to 12 MOTION for Summary Judgment. Motion Hearing set for 5/7/2009 at 10:00 AM before District Judge Gerald Bruce Lee. (clar, ) (Entered: 04/29/2009)
2009-05-07	18	Minute Entry for proceedings held before District Judge Gerald Bruce Lee: Motion Hearing held on 5/7/2009 re: 12 MOTION for Summary Judgment filed by Central Intelligence Agency. Appearances: Neal Puckett, Kelly McClanahan, Mark Zaid, Bradley Moss for Pltff; Lauren Wetzler, Marcia Sowles, Sean Codley for CIA. Heard and TUA. Order and opinion to follow. (Court Reporter R. Wilson.) (tbul, ) Modified on 5/13/2009 (tbul, ). (Entered: 05/12/2009)
2009-05-13		Notice of Correction re: 18 Motion Hearing - phonetic spelling of names of 2 attorneys present @ the hearing corrected per counsel (tbul, ) (Entered: 05/13/2009)
2009-05-19	19	MOTION for Leave to File Additional Documents in Support of Plaintiff's Opposition by James Madison Project. (Attachments: # 1 Exhibit 1 - Related rejection letter from CIA to JMP, # 2 Exhibit 2 - Clarification email from JMP to CIA, # 3 Proposed Order, # 4 Supplement Certificate of Service)(Puckett, Neal) (Entered: 05/19/2009)
2009-05-19	21	ORDER granting 12 Motion for Summary Judgment. The time for filing a notice of appeal will not commence until the Court issues its Memorandum Order and Federal Rule of Civil Procedure 58 Judgment Order. Signed by District Judge Gerald Bruce Lee on 5/19/09. (rban, ) (Entered: 05/21/2009)
2009-05-20	20	Opposition to 19 MOTION for Leave to File Additional Documents in Support of Plaintiff's Opposition filed by Central Intelligence Agency. (Attachments: # 1 Proposed Order)(Wetzler, Lauren) (Entered: 05/20/2009)
2009-05-20		Notice of Correction re: 19 MOTION for Leave to File Additional Documents in Support of Plaintiff's Opposition by James Madison Project. The filing user has been notified to file a Notice of Hearing Date or a Notice of Waiver of Oral Argument. (stas) (Entered: 05/20/2009)
2009-08-31	22	MEMORANDUM OPINION re 12 MOTION for Summary Judgment by Central Intelligence Agency. Signed by District Judge Gerald Bruce Lee on 8/31/09. (tche) (Entered: 09/01/2009)
2009-08-31	23	ORDERED that Judgment is ENTERED in favor of Defendant Central Intelligence Agency and against Plaintiff James Madison Project. Signed by District Judge Gerald Bruce Lee on 8/31/09. (tche) (Entered: 09/01/2009)
2009-09-01	24	Pursuant to the order of this Court entered on August 31, 2009 and in accordance with Federal Rules of Civil Procedure 58, JUDGMENT is hereby entered in favor of Defendant Central Intelligence Agency and against Plaintiff James Madison Project. Signed by Clerk of Court Clerk on 9/1/09. (tche) (Entered: 09/01/2009)
2011-06-28	25	TRANSCRIPT of proceedings held on May 7, 2009 before Judge Gerald Bruce Lee. Court Reporter/Transcriber Renecia Wilson, telephone number,703-501-1580. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER Redaction Request due 7/28/2011. Redacted Transcript Deadline set for 8/29/2011. Release of Transcript Restriction set for 9/26/2011.(wilson, renecia) (Main Document 25 replaced on 6/29/2011) (rban, ). (Entered: 06/28/2011)
2011-06-29	26	Notice of Filing of Official Transcript re: 25 Transcript. (stas) (Entered: 06/29/2011)
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