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Case TitleFREEDOM WATCH, INC. v. NATIONAL SECURITY AGENCY et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2012cv01088
Date Filed2012-06-28
Date Closed2017-04-27
JudgeJudge Christopher R. Cooper
PlaintiffFREEDOM WATCH, INC.
DefendantNATIONAL SECURITY AGENCY
DefendantCENTRAL INTELLIGENCE AGENCY
DefendantCENTRAL INTELLIGENCE AGENCY
Washington, DC 20505
DefendantU.S. DEPARTMENT OF STATE
DefendantFourthParty Plaintiff
DEPARTMENT OF DEFENSE
AppealD.C. Circuit 14-5174
Documents
Docket
Complaint
Complaint attachment 1
Opinion/Order [25]
FOIA Project Annotation: Judge Christopher Cooper has ruled that the State Department conducted an adequate search for records concerning contacts with New York Times reporter David Sanger pertaining to Sanger's stories about the government's attempts to disrupt Iran's nuclear program through the use of a computer "worm." After Sanger's article appeared in 2012, Freedom Watch made broad requests to the Department of Defense, CIA, NSA, and the State Department for records concerning information disclosed to Sanger, including any classified information. After the expiration of the 20-day time limit, Freedom Watch filed suit against the agencies. Judge Robert Wilkins ruled in favor of the agencies, but found that State had not shown that it conducted an adequate search for records of agency contacts with Sanger and ordered the agency to provide a better explanation. State identified its Central Foreign Policy Records, the Bureau of Public Affairs, and the Bureau of Near Eastern Affairs as the areas most likely to have responsive records. The Bureau of Public Affairs located three responsive records, releasing two in full and one with redactions of non-responsive information. The Bureau of Public Affairs subsequently determined that it had not searched its front office, which performs executive tasks to support the Bureau. The front office conducted a search and located 62 documents that revealed that Sanger had interviewed five agency employees. The records of those five employees were searched and 14 additional documents were located. Of the 79 documents located, State released 58 in full, 20 in part, and withheld one in full. Cooper noted that "searching by Sanger's name was a reasonable method of uncovering documents regarding what information employees may have given him; indeed, Freedom Watch does not quarrel with the search methods used. . .Notably, Freedom Watch does not object to the adequacy of the supplemental searches conducted after it filed its opposition." He pointed out that "unless Freedom Watch 'can identify any additional searches that must be conducted,' which it has declined to do, the State Department has met its burden by conducting searches that were reasonably calculated to find responsive records, regardless of whether the records were found initially or after subsequent searches."
Issues: Adequacy - Search
Opinion/Order [64]
FOIA Project Annotation: Judge Christopher Cooper has ruled that the Department of State has shown that it conducted an adequate search for records concerning contacts with New York Times reporter David Sanger after a request by Freedom Watch was remanded to the agency for further processing after the return of former Secretary of State Hillary Clinton's emails. Cooper also rejected Freedom Watch's request for discovery. After the district court had ruled in favor of State, the D.C. Circuit remanded the case in light of the recent discovery of Clinton's emails. Using the same keyword search employed during its original search, State again found no records. However, two former State employees provided State with additional potentially relevant records. The search of those records yielded several internal emails concerning a draft version of a briefing in preparation of an interview with Sanger. State redacted portions of those emails under Exemption 5 (deliberative process privilege). Freedom Watch argued the agency improperly used an automated search. But Cooper noted that "keyword searches in response to FOIA requests are routine" and added that "in short, because it was perfectly reasonable for State to conduct its search using a list of search terms, in accordance with various orders of this Court, Freedom Watch's argument to the contrary is unavailing." Cooper found the redactions under Exemption 5 were appropriate. He rejected Freedom Watch's request for discovery based on what Freedom Watch referred to as "inconsistent" later disclosures by State. Instead, Cooper observed that "what this argument overlooks is the fact that most of the documents uncovered in the later stages of this litigation came to light because former employees, including Secretary Clinton, turned over documents to State that were not previously in the Department's possession. In other words, State could not have reviewed them because State did not have them."
Issues: Search - Reasonableness of search
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2012-06-281COMPLAINT against CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF STATE, NATIONAL SECURITY AGENCY ( Filing fee $ 350, receipt number 4616049678) filed by FREEDOM WATCH, INC.. (Attachments: # 1 Civil Cover Sheet)(jf, ) . (Entered: 07/03/2012)
2012-06-28SUMMONS (6) Issued as to CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF STATE, NATIONAL SECURITY AGENCY, DEPARTMENT OF DEFENSE, U.S. Attorney and U.S. Attorney General (jf, ) (Entered: 07/03/2012)
2012-08-302NOTICE of Appearance by John Kenneth Theis on behalf of CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF STATE, NATIONAL SECURITY AGENCY (Theis, John) (Entered: 08/30/2012)
2012-08-303ANSWER to 1 Complaint by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF STATE, NATIONAL SECURITY AGENCY.(Theis, John) (Entered: 08/30/2012)
2012-09-05MINUTE ORDER: Before the Court in this FOIA case are a complaint and an answer. The requirements of LCVR 16.3 and Rule 26(f) of the Federal Rules of Civil procedure appear to be inapplicable. Defendant may have 30 days from the date of this order within which to file a dispositive motion or, in the alternative, to file a report setting forth the schedule according to which it will complete its production of documents to the plaintiff. Signed by Judge Robert L. Wilkins on 9/5/2012. (tcb) (Entered: 09/05/2012)
2012-10-054MOTION for Judgment on the Pleadings , MOTION for Summary Judgment by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF STATE, NATIONAL SECURITY AGENCY (Attachments: # 1 Declaration, # 2 Declaration, # 3 Declaration, # 4 Declaration, # 5 Text of Proposed Order)(Theis, John) (Entered: 10/05/2012)
2012-10-09MINUTE ORDER: The parties shall appear on December 10, 2012 in Courtroom 27A at 3:00 PM for a motions hearing on Defendants MOTION for Judgment on the Pleadings and MOTION for Summary Judgment. Signed by Judge Robert L. Wilkins on 10/9/2012. (tcb) (Entered: 10/09/2012)
2012-10-245RESPONSE re 4 MOTION for Judgment on the Pleadings MOTION for Summary Judgment filed by FREEDOM WATCH, INC.. (Attachments: # 1 Exhibit David Sanger Article, # 2 Text of Proposed Order, # 3 Certificate of Service)(Klayman, Larry) (Entered: 10/24/2012)
2012-11-056REPLY to opposition to motion re 4 MOTION for Judgment on the Pleadings MOTION for Summary Judgment filed by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF STATE, NATIONAL SECURITY AGENCY. (Theis, John) (Entered: 11/05/2012)
2012-12-10Minute Entry for proceedings held before Judge Robert L. Wilkins: Motion Hearing held and concluded on 12/10/2012 re Defendant's 4 MOTION for Judgment on the Pleadings MOTION for Summary Judgment. Argument heard and Motion GRANTED in part and DENIED in part for reasons stated on the record in open court. The parties directed to meet and confer to submit a proposed order to the Court by close of business, Tuesday, December 11, 2012. Court further directed the parties to meet and confer regarding how to proceed in this case and file a joint status report with a proposed order attached by Monday, December 17, 2012. (Court Reporter Rebecca Stonestreet) (tcb) (Entered: 12/10/2012)
2012-12-117NOTICE of Proposed Order by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF STATE, FREEDOM WATCH, INC., NATIONAL SECURITY AGENCY (Theis, John) (Entered: 12/11/2012)
2012-12-138ORDER re: Defendants 4 Motion for Judgment on the Pleadings and Motion for Summary Judgment; it is hereby ORDERED that the Motion for Judgment on the Pleadings of Defendants National Security Agency and Central Intelligence Agency is GRANTED; and it is FURTHER ORDERED that Defendant Department of Defenses Motion for Partial Summary Judgment is GRANTED; and it is FURTHER ORDERED that Defendant Department of States Motion for Judgment on the Pleadings is GRANTED with respect to Request Numbers 1 and 3-6 of Plaintiffs Freedom of Information Act request; and it is FURTHER ORDERED that Defendant Department of States Motion for Judgment on the Pleadings is DENIED with respect to Request Number 2. Signed by Judge Robert L. Wilkins on 12/13/2012. (tcb) (Entered: 12/13/2012)
2012-12-179STATUS REPORT by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF STATE, FREEDOM WATCH, INC., NATIONAL SECURITY AGENCY. (Attachments: # 1 Text of Proposed Order)(Theis, John) (Entered: 12/17/2012)
2012-12-1810ORDER: Upon consideration of the parties Joint Status Report (Dkt. No. 9), it is hereby ORDERED that no later than March 18, 2013, Defendant Department of State (State) will: (1) conclude its search for records responsive to Plaintiffs Request Number 2 that relate to the June 1, 2012 New York Times article, (2) process and produce any non-exempt records; and (3) produce a Vaughn index (to the extent one is required); and it is FURTHER ORDERED that State will then file a dispositive motion no later than April 17, 2013. Signed by Judge Robert L. Wilkins on 12/18/2012. (tcb) (Entered: 12/18/2012)
2012-12-18Set/Reset Deadlines: Defendant Department of State (State) will: (1) conclude its search for records responsive to Plaintiffs Request Number 2 that relate to the June 1, 2012 New York Times article, (2) process and produce any non-exempt records; and (3) produce a Vaughn index (to the extent one is required) due by 3/18/2013.State Dispositive Motion due by 4/17/2013 (tcb) (Entered: 12/18/2012)
2013-04-1711MOTION for Summary Judgment by DEPARTMENT OF STATE (Attachments: # 1 Declaration, # 2 Text of Proposed Order)(Theis, John) (Entered: 04/17/2013)
2013-04-3012Unopposed MOTION for Extension of Time to File Response/Reply as to 11 MOTION for Summary Judgment by FREEDOM WATCH, INC. (Attachments: # 1 Text of Proposed Order, # 2 Certificate of Service)(Klayman, Larry) (Entered: 04/30/2013)
2013-05-01MINUTE ORDER granting 12 Plaintiff's Motion for Extension of Time to File Response/Reply. Plaintiff shall file its response to Defendants' Motion for Summary Judgment by no later than May 20, 2013. Signed by Judge Robert L. Wilkins on 5/1/2013. (lcrlw3) (Entered: 05/01/2013)
2013-05-01Set/Reset Deadlines: Response to Motion for Summary Judgment due by 5/20/2013. (clv, ) (Entered: 05/01/2013)
2013-05-2013RESPONSE re 11 MOTION for Summary Judgment filed by FREEDOM WATCH, INC.. (Attachments: # 1 Affidavit Rule 56(d) Affidavit of Larry Klayman)(Klayman, Larry) (Entered: 05/20/2013)
2013-05-2014NOTICE of Filing of Certificate of Service by FREEDOM WATCH, INC. re 13 Response to motion (Klayman, Larry) (Entered: 05/20/2013)
2013-05-3015MOTION for Extension of Time to File Response/Reply as to 11 MOTION for Summary Judgment by DEPARTMENT OF STATE (Attachments: # 1 Text of Proposed Order)(Theis, John) (Entered: 05/30/2013)
2013-06-0416RESPONSE re 15 MOTION for Extension of Time to File Response/Reply as to 11 MOTION for Summary Judgment and Request for Discovery filed by FREEDOM WATCH, INC.. (Attachments: # 1 Certificate of Service)(Klayman, Larry) (Entered: 06/04/2013)
2013-06-0517ORDER granting 15 MOTION for Extension of Time to File Response/Reply as to 11 MOTION for Summary Judgment ;It is hereby ORDERED that, by July 29,2013, Department of State shall file its reply in support of its Motion for Summary Judgment. Signed by Judge Robert L. Wilkins on 6/5/2013. (tcb) (Entered: 06/05/2013)
2013-06-1018MOTION for Discovery and To Shorten Time for Defendant to Respond by FREEDOM WATCH, INC. (Attachments: # 1 Certificate of Service, # 2 Text of Proposed Order)(Klayman, Larry) (Entered: 06/10/2013)
2013-06-11MINUTE ORDER: It is hereby ORDERED that the Defendants are directed to file any response or opposition to Plaintiffs 18 MOTION for Discovery and To Shorten Time for Defendant to Respond by Monday, June 17, 2013 and any reply shall be due by no later than Wednesday, June 20, 2013. Signed by Judge Robert L. Wilkins on 6/11/2013. (tcb) (Entered: 06/11/2013)
2013-06-1419MOTION Expedited Ruling re Order, Set Deadlines,, by FREEDOM WATCH, INC. (Attachments: # 1 Exhibit Articles Showing State Department Cover Up, # 2 Certificate of Service)(Klayman, Larry) (Entered: 06/14/2013)
2013-06-1720RESPONSE re 18 MOTION for Discovery and To Shorten Time for Defendant to Respond filed by DEPARTMENT OF STATE. (Theis, John) (Entered: 06/17/2013)
2013-06-18MINUTE ORDER: Plaintiffs MOTION Expedited Ruling re Order, Set Deadlines at DKT # 19 is hereby DENIED for failure to attach a proposed order pursuant to Local Rule 7(c) and failure to file a notice with required compliance with Local Rule 7(m). Signed by Judge Robert L. Wilkins on 6/18/2013. (tcb) (Entered: 06/18/2013)
2013-06-18MINUTE ORDER: IT IS HEREBY ORDERED THAT Plaintiffs Motion to Take Discovery of State, Dkt. 18, is DENIED. The Court finds that Plaintiffs allegations of bad faith are speculative, and speculation accusations of bad faith do not entitle a FOIA plaintiff to discovery. Accuracy in Media, Inc. v. Natl Park Serv., 194 F.3d 120, 125 (D.C. Cir. 1999). If appropriate, Plaintiff can renew the motion after Defendant State Department has had the opportunity to fully explain the adequacy of its search for responsive records. Signed by Judge Robert L. Wilkins on 6/18/2013. (tcb) (Entered: 06/18/2013)
2013-07-2921Unopposed MOTION for Extension of Time to File Response/Reply as to 11 MOTION for Summary Judgment by DEPARTMENT OF STATE (Attachments: # 1 Text of Proposed Order)(Theis, John) (Entered: 07/29/2013)
2013-07-3022ORDER granting 21 Unopposed MOTION for Extension of Time to File Response/Reply as to 11 MOTION for Summary Judgment ; It is hereby ORDERED that, by July 30, 2013, Department of State shall file its reply in support of its Motion for Summary Judgment. Signed by Judge Robert L. Wilkins on 7/30/2013. (tcb) (Entered: 07/30/2013)
2013-07-3023REPLY to opposition to motion re 11 MOTION for Summary Judgment filed by DEPARTMENT OF STATE. (Attachments: # 1 Declaration)(Theis, John) (Entered: 07/30/2013)
2014-01-24Case reassigned to the Calendar Committee who will oversee it until it is reassigned to another judge. Judge Robert L. Wilkins has been elevated to the U.S. Court of Appeals for DC and is no longer assigned to the case. Any questions should be directed to Terri Barrett, formerly Judge Wilkins deputy clerk, at 202-354-3179 or terri_barrett@dcd.uscourts.gov (tcb) (Entered: 01/24/2014)
2014-04-07Case directly reassigned to Judge Christopher R. Cooper. Calendar Committee no longer assigned to the case. (zgt, ) (Entered: 04/07/2014)
2014-06-1224ORDER granting 11 Motion for Summary Judgment. Signed by Judge Christopher R. Cooper on 6/12/2014. (lccrc1, ) (Entered: 06/12/2014)
2014-06-1225MEMORANDUM OPINION re: 11 Defendant's Motion for Summary Judgment. Signed by Judge Christopher R. Cooper on 6/12/2014. (lccrc1, ) . (Entered: 06/12/2014)
2014-07-1426NOTICE OF APPEAL TO DC CIRCUIT COURT as to 24 Order on Motion for Summary Judgment, 25 Order by FREEDOM WATCH, INC.. Filing fee $ 505, receipt number 0090-3778370. Fee Status: Fee Paid. Parties have been notified. (Klayman, Larry) (Entered: 07/14/2014)
2014-07-1527Transmission of the Notice of Appeal, Order Appealed, and Docket Sheet to US Court of Appeals. The Court of Appeals fee was paid this date 7/14/14 re 26 Notice of Appeal to DC Circuit Court. (td, ) (Entered: 07/15/2014)
2014-07-16USCA Case Number 14-5174 for 26 Notice of Appeal to DC Circuit Court filed by FREEDOM WATCH, INC.. (kb) (Entered: 07/16/2014)
2014-10-2028NOTICE of Appearance by Joseph Charles Folio, III on behalf of CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF STATE, NATIONAL SECURITY AGENCY (Folio, Joseph) (Entered: 10/20/2014)
2015-03-0529MOTION For Discovery And Order To Show Cause Why Defendant U.S. Department Of State And Former Secretary Of State Hillary Clinton Should Not Be Held In Contempt by FREEDOM WATCH, INC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G)(Klayman, Larry) (Entered: 03/05/2015)
2015-03-0630MOTION For Discovery And Order To Show Cause Why Defendant U.S. Department Of State And Former Secretary Of State Hillary Clinton Should Not Be Held In Contempt and Request for Emergency Status Conference (corrected) by FREEDOM WATCH, INC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G)(Klayman, Larry) (Entered: 03/06/2015)
2015-03-0631NOTICE by FREEDOM WATCH, INC. re 30 MOTION For Discovery And Order To Show Cause Why Defendant U.S. Department Of State And Former Secretary Of State Hillary Clinton Should Not Be Held In Contempt and Request for Emergency Status Conference (corrected) (Klayman, Larry) (Entered: 03/06/2015)
2015-04-2432USCA JUDGMENT as to 26 Notice of Appeal to DC Circuit Court filed by FREEDOM WATCH, INC. ORDERED and ADJUDGED that the judgment of the District Court appealed from in this cause be affirmed. That Freedom Watchs motion to the supplement the record be denied and the case be remanded for the district court to manage record development and oversee the search of the former Secretary's emails for records responsive to Freedom Watch's FOIA request. USCA Case Number 14-5174. (Attachments: # 1 USCA Opinion)(rd) (Entered: 04/24/2015)
2015-04-28MINUTE ORDER: The parties shall appear for a telephonic conference on April 29, 2015 at 10:00 a.m. before Judge Christopher R. Cooper. Signed by Judge Christopher R. Cooper on 4/28/2015. (lccrc1, ) (Entered: 04/28/2015)
2015-04-28Set/Reset Hearings: Telephonic Conference set for 4/29/2015 at 10:00 AM before Judge Christopher R. Cooper. (mac) (Entered: 04/28/2015)
2015-04-29Minute Entry for proceedings held before Judge Christopher R. Cooper: Telephonic Conference held and concluded on 4/29/2015. Court to issue minute order accordingly. (Court Reporter Lisa Moreira) (tcr) (Entered: 04/29/2015)
2015-05-04MINUTE ORDER: The Court directs the defendant to prioritize its search for responsive electronic records as soon as digitization of the relevant emails is complete. The Court finds, based on government counsel's representation, that electronic searching will expedite the disclosure of relevant records as compared to manual review of the emails. The parties are directed to meet and confer concerning appropriate search terms. The parties are further directed to submit a joint status report on or before May 29, 2015. Signed by Judge Christopher R. Cooper on 5/4/2015. (lccrc1, ) (Entered: 05/04/2015)
2015-05-2933STATUS REPORT (Joint) by DEPARTMENT OF STATE. (Attachments: # 1 Exhibit Declaration of John Hackett)(Folio, Joseph) (Entered: 05/29/2015)
2015-06-2534MANDATE of USCA (certified copy) as to 26 Notice of Appeal to DC Circuit Court filed by FREEDOM WATCH, INC. ORDERED and ADJUDGED that the judgment of the District Court appealed from in this cause be affirmed. That Freedom Watch's motion to the supplement the record be denied and the case be remanded for the district court to manage record development and oversee the search of the former Secretary's emails for records responsive to Freedom Watch's FOIA request. USCA Case Number 14-5174. (Attachments: # 1 USCA Opinion)(rd) (Entered: 06/29/2015)
2015-06-2935STATUS REPORT (Joint) by DEPARTMENT OF STATE. (Attachments: # 1 Exhibit Attach. A, # 2 Exhibit Attach. B, # 3 Exhibit Attach. C)(Theis, John) (Entered: 06/29/2015)
2015-07-0836TRANSCRIPT OF TELEPHONIC CONFERENCE before Judge Christopher R. Cooper held on April 29, 2015; Page Numbers: 1-18. Date of Issuance:July 8, 2015. Court Reporter/Transcriber Lisa A. Moreira, RDR, CRR, Telephone number 202-354-3187, Court Reporter Email Address : Lisa_Moreira@dcd.uscourts.gov. For the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter. NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 7/29/2015. Redacted Transcript Deadline set for 8/8/2015. Release of Transcript Restriction set for 10/6/2015.(Moreira, Lisa) (Entered: 07/08/2015)
2015-07-27MINUTE ORDER: The parties shall appear for a telephonic status conference before Judge Christopher R. Cooper on August 5, 2015 at 10:00 a.m. Signed by Judge Christopher R. Cooper on 7/27/2015. (lccrc1, ) (Entered: 07/27/2015)
2015-07-28Set/Reset Hearings: Telephone Conference set for 8/5/2015 at 10:00 AM in Courtroom 27A before Judge Christopher R. Cooper. (mac) (Entered: 07/28/2015)
2015-08-05Minute Entry for proceedings held before Judge Christopher R. Cooper: Telephonic Conference held and concluded on 8/5/2015. Court to issue brief order accordingly. (Court Reporter Lisa Moreira) (tcr) (Entered: 08/05/2015)
2015-08-05MINUTE ORDER: In light of the parties' representations during the August 5, 2015 telephonic conference, The Department of State shall submit a Status Report on or before August 19, 2015. The Department of State shall conduct searches of former Secretary Clinton's emails using the terms proposed by the Department and the additional terms discussed during the August 5, 2015 telephonic conference. Signed by Judge Christopher R. Cooper on 8/5/2015. (lccrc1, ) (Entered: 08/05/2015)
2015-08-1937STATUS REPORT by U.S. DEPARTMENT OF STATE. (Folio, Joseph) (Entered: 08/19/2015)
2015-08-2438SUPPLEMENTAL MEMORANDUM to re 35 Status Report filed by FREEDOM WATCH, INC.. (Attachments: # 1 Exhibit 1)(Klayman, Larry) (Entered: 08/24/2015)
2015-09-0239NOTICE Regarding Motion for Designation of Coordinating Judge by U.S. DEPARTMENT OF STATE (Attachments: # 1 Exhibit)(Theis, John) (Entered: 09/02/2015)
2015-09-0440MOTION to Stay by U.S. DEPARTMENT OF STATE (Attachments: # 1 Text of Proposed Order)(Theis, John) (Entered: 09/04/2015)
2015-09-0441NOTICE OF COURT ORDER IN MISCELLANEOUS CASE NUMBER 15-1188 by U.S. DEPARTMENT OF STATE (Attachments: # 1 Exhibit)(Theis, John) (Entered: 09/04/2015)
2015-10-08MINUTE ORDER denying 40 Motion to Stay: In light of the Order of Chief Judge Roberts of October 8, 2015 in case number 1:15-mc-01188, denying the U.S. Department of State's motion for designation of a coordinating judge, Defendant's motion to stay this case pending resolution of its motion for designation of a coordinating judge is hereby DENIED AS MOOT. The parties are directed to meet and confer and, by October 15, 2015, file a joint notice proposing further proceedings in this case. Signed by Judge Christopher R. Cooper on 10/8/15. (lccrc1) (Entered: 10/08/2015)
2015-10-1542Joint MOTION for Extension of Time to File Joint Status Report by FREEDOM WATCH, INC. (Attachments: # 1 Text of Proposed Order)(Klayman, Larry) (Entered: 10/15/2015)
2015-10-19MINUTE ORDER granting 42 Motion for Extension of Time to File Status Report: It is hereby ORDERED that the parties' joint status report will be due October 19, 2015. Signed by Judge Christopher R. Cooper on 10/19/15. (lccrc1) (Entered: 10/19/2015)
2015-10-1943Joint STATUS REPORT by U.S. DEPARTMENT OF STATE. (Theis, John) (Entered: 10/19/2015)
2015-10-20SCHEDULING ORDER: In light of 43 the parties' Joint Status Report, it is hereby ORDERED that Defendant conclude the searches described in the Report by November 9, 2015, and produce any responsive, non-exempt documents yielded by those searches by November 25, 2015; that renewed motions for summary judgment as necessary be filed by December 23, 2015; that any responses be filed by January 22, 2016; and that any replies be filed by February 5, 2016. Signed by Judge Christopher R. Cooper on 10/20/15. (lccrc1) (Entered: 10/20/2015)
2015-11-2544NOTICE of Compliance by U.S. DEPARTMENT OF STATE re Scheduling Order,, (Theis, John) (Entered: 11/25/2015)
2015-12-2245MOTION for Extension of Time to File Motion for Summary Judgment by U.S. DEPARTMENT OF STATE (Attachments: # 1 Text of Proposed Order)(Theis, John) (Entered: 12/22/2015)
2016-01-08MINUTE ORDER: A Telephonic Conference is set for Monday, January 11,2016 at 10:30 AM in Chambers before Judge Christopher R. Cooper. Signed by Judge Christopher R. Cooper on 1/8/2016. (tcr) (Entered: 01/08/2016)
2016-01-11Minute Entry for proceedings held before Judge Christopher R. Cooper: Telephone Conference held and concluded on 1/11/2016. Court to issue minute order accordingly. (Court Reporter Lisa Moreira.) (tcr) (Entered: 01/11/2016)
2016-01-11MINUTE ORDER: Per the Court's discussion with the parties in a teleconference held January 11, 2016, 45 Defendant Department of State's Motion for Extension of Time is hereby GRANTED. The Department of State shall have imaged the set of documents at issue by January 22, 2016 and shall conduct a search of those documents by January 29, 2016. The parties shall file a joint status report February 1, 2016, updating the Court on the production of any responsive, non-expect documents from the set of documents at issue, and proposing a summary judgment briefing schedule as necessary. Signed by Judge Christopher R. Cooper on 1/11/16. (lccrc1) (Entered: 01/11/2016)
2016-01-1346NOTICE OF WITHDRAWAL OF APPEARANCE as to CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, NATIONAL SECURITY AGENCY, U.S. DEPARTMENT OF STATE. Attorney Joseph Charles Folio, III terminated. (Folio, Joseph) (Entered: 01/13/2016)
2016-01-1547NOTICE OF SUBSTITUTION OF COUNSEL by Aimee Woodward Brown on behalf of All Defendants Substituting for attorney John K. Theis (Brown, Aimee) (Entered: 01/15/2016)
2016-01-2948MOTION for Extension of Time to File Joint Status Report by U.S. DEPARTMENT OF STATE (Attachments: # 1 Text of Proposed Order)(Brown, Aimee) (Entered: 01/29/2016)
2016-02-0149NOTICE that Plaintiff Does Not Oppose Motion by U.S. DEPARTMENT OF STATE re 48 MOTION for Extension of Time to File Joint Status Report (Brown, Aimee) (Entered: 02/01/2016)
2016-02-02MINUTE ORDER granting 48 Motion for Extension of Time: It is hereby ORDERED that the parties' joint status report updating the Court on the production of any responsive, non-exempt documents, and proposing a summary judgment briefing schedule be due February 5, 2016. Signed by Judge Christopher R. Cooper on 2/2/16. (lccrc1) (Entered: 02/02/2016)
2016-02-0550Joint STATUS REPORT by U.S. DEPARTMENT OF STATE. (Brown, Aimee) (Entered: 02/05/2016)
2016-02-08MINUTE ORDER: Having considered 50 the parties' Joint Status Report of February 5, 2016, the Court hereby ORDERS that the Defendant shall complete its production of non-exempt documents by February 19, 2016. The Court further ORDERS that motions for summary judgment shall be filed on or before March 4, 2016, oppositions on or before April 1, 2016, and replies on or before April 15, 2016. Plaintiff may incorporate its request for discovery with its summary judgment motion or with its opposition to Defendant's motion. Signed by Judge Christopher R. Cooper on 2/8/16. (lccrc1) (Entered: 02/08/2016)
2016-02-1951NOTICE Regarding Compliance with Order by U.S. DEPARTMENT OF STATE (Brown, Aimee) (Entered: 02/19/2016)
2016-03-0452MOTION for Summary Judgment by U.S. DEPARTMENT OF STATE (Attachments: # 1 Declaration, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Text of Proposed Order)(Brown, Aimee) (Entered: 03/04/2016)
2016-03-0753ERRATA by U.S. DEPARTMENT OF STATE 52 MOTION for Summary Judgment filed by U.S. DEPARTMENT OF STATE. (Attachments: # 1 Statement of Facts)(Brown, Aimee) (Entered: 03/07/2016)
2016-04-0154Memorandum in opposition to re 52 MOTION for Summary Judgment filed by FREEDOM WATCH, INC.. (Attachments: # 1 Affidavit, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Text of Proposed Order)(Klayman, Larry) (Entered: 04/01/2016)
2016-04-0156Renewed MOTION for Discovery by FREEDOM WATCH, INC.; (See docket entry no. 54 to view document.) (td) (Entered: 04/04/2016)
2016-04-0255SUPPLEMENTAL MEMORANDUM to re 54 Memorandum in Opposition, Plaintiff's Statement of Disputed Material Facts filed by FREEDOM WATCH, INC.. (Klayman, Larry) (Entered: 04/02/2016)
2016-04-1457SUPPLEMENTAL MEMORANDUM to re 56 MOTION for Discovery, 52 MOTION for Summary Judgment in support of motion for discovery filed by FREEDOM WATCH, INC.. (Attachments: # 1 Exhibit Order by Judge Royce Lamberth, # 2 Exhibit Order by Judge Emmet Sullivan, # 3 Exhibit Response of Department of State)(Klayman, Larry) (Entered: 04/14/2016)
2016-04-1558REPLY to opposition to motion re 52 MOTION for Summary Judgment /Opposition re 56 MOTION for Discovery filed by U.S. DEPARTMENT OF STATE. (Brown, Aimee) (Entered: 04/15/2016)
2016-04-1559Memorandum in opposition to re 56 MOTION for Discovery filed by U.S. DEPARTMENT OF STATE; (See document no. 58 to view document.) (td) (Entered: 04/18/2016)
2016-09-0960NOTICE of Additional Search by U.S. DEPARTMENT OF STATE (Brown, Aimee) (Entered: 09/09/2016)
2016-11-0761MOTION for Discovery by FREEDOM WATCH, INC. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Text of Proposed Order)(Klayman, Larry). Added MOTION for Urgent Telephone Conference on 11/8/2016 (znmw). (Entered: 11/07/2016)
2016-11-2162Memorandum in opposition to re 61 MOTION for Discovery MOTION for Hearing filed by U.S. DEPARTMENT OF STATE. (Brown, Aimee) (Entered: 11/21/2016)
2016-11-2263REPLY to opposition to motion re 61 MOTION for Discovery MOTION for Hearing filed by FREEDOM WATCH, INC.. (Klayman, Larry) (Entered: 11/22/2016)
2016-12-1264MEMORANDUM OPINION re: Defendant U.S. Department of State's 52 Motion for Summary Judgment; Plaintiff's 56 Motion for Discovery; and Plaintiff's 61 Motion for Discovery. Signed by Judge Christopher R. Cooper on 12/12/2016. (lccrc1) (Entered: 12/12/2016)
2016-12-1265ORDER granting 52 Motion for Summary Judgment; denying 56 Motion for Discovery; denying 61 Motion for Discovery; denying 61 Motion for Hearing. Signed by Judge Christopher R. Cooper on 12/12/2016. (lccrc1) (Entered: 12/12/2016)
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by FOIA Project Staff
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