Case Detail

FOIA Project Annotation: Judge Henry Kennedy has ruled that the Defense Department conducted an adequate search for records concerning information operations in Iraq and the Middle East more broadly. Responding to a multi-part request from Judicial Watch, the agency responded to three out of the seven components. Judicial Watch protested that the agency had searched some offices and then, in piecemeal fashion, had searched others. Kennedy noted that "this argument is meritless. DOD's recent search of offices not likely to contain responsive documents â€" conducted in response to Judicial Watch's motion for partial summary judgment â€" only strengthens the court's conviction that DOD's search was reasonable." Judicial Watch argued that it was very unlikely that the agency office in charge of psychological operations policy had no records mentioning "strategic psychological operations." But Kennedy pointed out that Judicial Watch "did not inquire. . .about all documents related to 'strategic psychological operations,' but only about the names of all corporations DOD 'used, engaged and/or contracted' for such activities. Although agencies have a duty to construe FOIA requests liberally, the court finds no compelling reason to construe Judicial Watch's request as covering all files related to strategic communication." Kennedy found Judicial Watch had failed to show that the agency's search was inadequate and indicated that "by asserting that some responsive documents might exist somewhere within DOD, Judicial Watch fails to consider the proper reasonableness standard for judging the adequacy of FOIA searches. That standard asks whether the search was 'reasonably expected to produce the information requested.' It does not require the agency to 'actually uncover every document extant.'"
Issues: Adequacy - Search

Date Filed	Doc #	Docket Text
2005-02-25	1	COMPLAINT against U.S. DEPARTMENT OF DEFENSE (Filing fee $ 250) filed by JUDICIAL WATCH, INC. (Attachments: # 1 Exhibit 1)(lc, ) (Entered: 02/28/2005)
2005-02-25	2	LCvR 7.1 - CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by JUDICIAL WATCH, INC. (lc, ) (Entered: 02/28/2005)
2005-02-25		SUMMONS (3) Issued as to U.S. DEPARTMENT OF DEFENSE, U.S. Attorney and U.S. Attorney General (lc, ) (Entered: 02/28/2005)
2005-03-18	3	NOTICE of Appearance by Julia Douds on behalf of all defendants (Douds, Julia) (Entered: 03/18/2005)
2005-03-31	4	First MOTION for Extension of Time to File Answer re 1 Complaint by U.S. DEPARTMENT OF DEFENSE. (Attachments: # 1 Text of Proposed Order)(Douds, Julia) (Entered: 03/31/2005)
2005-04-04	5	Order denying without prejudice 4 defendant's motion for extension of time to answer. This denial is without prejudice to the filing of a new motion complying with the applicable rule. Signed by Judge Henry H. Kennedy, Jr., on April 4, 2005. (FL, ) (Entered: 04/04/2005)
2005-04-04	6	Unopposed MOTION for Reconsideration re 5 Order on Motion for Extension of Time to Answer, by U.S. DEPARTMENT OF DEFENSE. (Attachments: # 1 Exhibit 1-Motion for enlargement of time# 2 Text of Proposed Order)(Douds, Julia) (Entered: 04/04/2005)
2005-04-05	7	Order vacating 5 and granting 6 . Defendant shall have up to and including April 20, 2005, to answer, move, or otherwise respond to plaintiff's complaint. Signed by Judge Henry H. Kennedy, Jr., on April 5, 2005. (FL, ) (Entered: 04/05/2005)
2005-04-05		Set/Reset Deadlines: Answer due by 4/20/2005. (rew, ) (Entered: 04/05/2005)
2005-04-06	8	NOTICE OF WITHDRAWAL OF APPEARANCE as to U.S. DEPARTMENT OF DEFENSE. Attorney Julia Douds terminated. (Douds, Julia) (Entered: 04/06/2005)
2005-04-06	9	NOTICE of Appearance by Julia J. Yoo on behalf of U.S. DEPARTMENT OF DEFENSE (Yoo, Julia) (Entered: 04/06/2005)
2005-04-20	10	ANSWER to Complaint by U.S. DEPARTMENT OF DEFENSE.(Yoo, Julia) (Entered: 04/20/2005)
2005-05-10	11	Order for Initial Scheduling Conference. Initial scheduling conference set for June 2, 2005, at 11:00 a.m., before Judge Henry H. Kennedy, Jr. Signed by Judge Henry H. Kennedy, Jr., on May 10, 2005. (FL, ) (Entered: 05/10/2005)
2005-05-18		Docket Entry made on May 10, 2005, re 11 was entered in error. The initial scheduling conference set for June 2, 2005, at 11:00 a.m., before Judge Henry H. Kennedy, Jr., will not take place. Signed by Judge Henry H. Kennedy, Jr., on May 10, 2005. (FL, ) (Entered: 05/10/2005) (FL, ) (Entered: 05/18/2005)
2005-05-19	12	MINUTE ORDER: By no later than June 2, 2005, counsel shall file a a joint status report,a proposed order setting forth the deadlines for the filing of dispositive motions in this case and any briefing with respect thereto. If the parties are unable to agree on the deadlines each party shall file its proposed order. (Kennedy, Henry) (Entered: 05/19/2005)
2005-06-02	13	STATUS REPORT Jointly Submitted by U.S. DEPARTMENT OF DEFENSE. (Yoo, Julia) (Entered: 06/02/2005)
2005-07-06		MINUTE ORDER: The court adopts, and the parties therefore are governed by,the schedule and deadlines proposed by the parties and set forth in the proposed order that accompanies their Joint Status Report docketed June 2, 2005 (#13). (Kennedy, Henry) (Entered: 07/06/2005)
2005-07-12		Set/Reset Deadlines: Summary Judgment motions due by 9/30/2005. (rew, ) (Entered: 07/12/2005)
2005-09-30	14	MOTION for Summary Judgment by U.S. DEPARTMENT OF DEFENSE. (Attachments: # 1 Memorandum in Support# 2 Declaration of Mr. Kammer# 3 Statement of Material Facts# 4 Exhibits# 5 Proposed Order# 6 Certificate of Service)(Yoo, Julia) (Entered: 09/30/2005)
2005-09-30	15	MOTION for Summary Judgment (Partial) by JUDICIAL WATCH, INC.. (Attachments: # 1 Affidavit of Christopher J. Farrell# 2 Text of Proposed Order)(Orfanedes, Paul) (Entered: 09/30/2005)
2005-10-13	16	Memorandum in opposition to motion re 14 (Defendant's Motion for Summary Judgment) with Response to Defendant's Statement of Facts filed by JUDICIAL WATCH, INC.. (Attachments: # 1 Affidavit (2nd) of Christopher J. Farrell# 2 Text of Proposed Order)(Orfanedes, Paul) (Entered: 10/13/2005)
2005-10-14	17	Memorandum in opposition to motion re 15 Plaintiff's Partial Summary Judgment Motion filed by U.S. DEPARTMENT OF DEFENSE. (Attachments: # 1 Declaration and Exhibit# 2 Defendant's Response to Plaintiff's Facts# 3 Certificate of Service)(Yoo, Julia) (Entered: 10/14/2005)
2005-10-17	18	Unopposed MOTION for Extension of Time to File Response/Reply by U.S. DEPARTMENT OF DEFENSE. (Yoo, Julia) (Entered: 10/17/2005)
2005-10-17		Minute order granting 18 defendant's unopposed motion for an extension of time to reply to plaintiff's opposition to defendant's motion for summary judgment. Defendant shall have up to and including October 31, 2005, within which to file a reply. Signed by Judge Henry H. Kennedy, Jr., on October 17, 2005. Official paperless order (FL, ) (Entered: 10/17/2005)
2005-10-17		Set/Reset Deadlines: Defendant's Response to Motion for Summary Judgment due by 10/31/2005. (rew, ) (Entered: 10/17/2005)
2005-10-24	19	REPLY to opposition to motion re 15 /Plaintiff's Motion for Partial Summary Judgment filed by JUDICIAL WATCH, INC.. (Attachments: # 1 Text of Proposed Order)(Orfanedes, Paul) (Entered: 10/24/2005)
2005-10-24	20	MOTION for Extension of Time to File Response/Reply to Defendant's Opposition to Plaintiff's Motion for Partial Summary Judgment by JUDICIAL WATCH, INC.. (Attachments: # 1 Text of Proposed Order)(Orfanedes, Paul) (Entered: 10/24/2005)
2005-10-28	21	REPLY to opposition to motion re 15 /Plaintiff's Motion for Partial Summary Judgment filed by JUDICIAL WATCH, INC.. (Orfanedes, Paul) (Entered: 10/28/2005)
2005-10-31	22	REPLY to opposition to motion re 14 Defendant's Motion for Summary Judgment filed by U.S. DEPARTMENT OF DEFENSE. (Attachments: # 1 Third Declaration of William T. Kammer# 2 Certificate of Service)(Yoo, Julia) (Entered: 10/31/2005)
2006-01-27		MINUTE ORDER granting 20 MOTION for Extension of Time to File Response/Reply to Defendant's Opposition to Plaintiff's Motion for Partial Summary Judgmen nunc pro tunc(Kennedy, Henry) (Entered: 01/27/2006)
2006-01-30		ENTERED IN ERROR .....Set/Reset Deadlines: Plaintiff's Reply to defendant's opposition to Plaintiff's Motion for Partial Summary Judgment due by 10/28/2006. (rew, ) (Entered: 01/30/2006)
2006-01-31		Set/Reset Deadlines: Plaintiff's Reply to defendant's opposition to Plaintiff's Motion for Partial Summary Judgment due by 10/28/2005. (rew, ) (Entered: 01/31/2006)
2006-06-28	23	Memorandum Opinion. Signed by Judge Henry H. Kennedy, Jr., on June 28, 2006. (FL, ) Modified on 6/29/2006 (lc, ). (Entered: 06/28/2006)
2006-06-28	24	Judgment in favor of defendant, United States Department of Defense, and against plaintiff, Judicial Watch, Inc. Signed by Judge Henry H. Kennedy, Jr., on June 28, 2006. (FL, ) (Entered: 06/28/2006)
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