Case Detail

FOIA Project Annotation: Judge Ketanji Brown Jackson has ruled that the CIA's policy of refusing to process requests for emails unless the requester provides specific information identifying the individuals who sent and received the emails, the time frame of the email, and the subject matter of the email constitutes an illegal policy or practice under FOIA and has ordered the agency to discontinue using the policy. Jackson also found the agency had conducted adequate searches for records sought by MuckRock and had properly withheld records under Exemption 3 (other statutes). In what has become a common practice in recent years, MuckRock filed suit consolidating multiple requests it had made to the CIA, with its primary challenge being to the email policy. The agency refused to process four of MuckRock's requests for emails because they did not provide the four data elements required by the agency before it would be willing to process such requests, claiming routinely that requests that did not include the four data elements were insufficiently specific to allow the agency to locate the emails. However, after MuckRock filed suit, the agency changed its mind and processed the requests for emails. Since it had now processed the requests for emails, the CIA argued that MuckRock's claim was now moot because its requests were now complete. Because the primary focus of FOIA litigation is to challenge an agency's refusal to disclose records, the typical FOIA suit involves whether or not the agency has improperly withheld records, including whether or not the agency conducted an adequate search for records. But there are equitable remedies available as well and in Payne Enterprises v. USA, 837 F.2d 486 (D.C. Cir. 1988), the D.C. Circuit found that an Air Force policy to deny Payne Enterprises' requests for contract information under Exemption 4 (confidential business information), but then disclose the information once Payne Enterprises appealed constituted a policy or practice that violated FOIA, even though Payne Enterprises ultimately received the information it requested. In the MuckRock case, Jackson found the CIA's policy to be remarkably similar to the Air Force policy rejected in Payne Enterprises. In an attempt to distinguish its policy from the Air Force policy rejected in Payne Enterprises, the CIA argued that while the Air Force admitted the existence of its policy, the CIA claimed it had no such policy and instead was only informing requesters of the level of specificity required to allow the agency to search for emails. Jackson found the agency's claim that relief was tied to its admission that such a policy existed to be irrelevant. She pointed out that "it makes little sense to argue, as the CIA does here, that the plaintiff needs to point to a regulation that establishes the policy, or that the agency must concede the policy's existence, as a threshold matter (i.e., in order for a plaintiff to have standing to sue), because whether or not 'an agency's refusal to supply information actually evidences a policy or practice of delayed disclosure or some other failure to abide by the terms of the FOIA, and not merely isolated mistakes by agency officials,' can itself be the ultimate question at issue in a FOIA policy-or-practice case." She added that "the CIA fails to explain why the fact that the Air Force acknowledged the existence of the challenged policy in Payne Enterprises, whereas here the CIA refuses to concede that it employs such a policy, makes any difference as far as the jurisdictional questions are concerned. Regardless, so long as the plaintiff has made plausible allegations that an illegal policy exists, and that the plaintiff has not only been subjected to it at some point in the past but also likely will be subjected to it again in the future, there is a justiciable case or controversy that the plaintiff can pursue in federal court." The CIA argued FOIA already provided MuckRock with a remedy to the agency's email policy because it could file suit each time the agency denied such a request. Referring to MuckRock as a "serial requester," Jackson observed that "the very injury that a FOIA policy-or-practice lawsuit seeks to remedy is the unreasonable delay that results from an agency's seriatim application of an unlawful policy or practice during the processing of FOIA requests, so the CIA's insistence here that individual lawsuits to remedy future harm are available to MuckRock as a plaintiff who is perpetually aggrieved by the alleged illegal FOIA policy makes little sense. In other words, as far as the delay injury is concerned, individual FOIA lawsuits concerning an agency's treatment of particular requests do not provide any remedy, let alone an adequate one." Jackson declared that the CIA's email policy violated FOIA but refused to provide injunctive relief. She noted that "the CIA has done nothing to demonstrate that the agency's employees need all four pieces of information â€" the sender, recipient, subject, and time frame â€" in order to locate email records in the agency's information systems; indeed, by its own admission, the CIA can often determine what email records are being sought, and can conduct a search for those records, without having all four of the pieces of information that the alleged policy delineates. This means that the FOIA does not authorize the CIA to deny a FOIA email request categorically, simply and solely because the request does not reference the sender, recipient, subject, and time frame." Jackson rejected MuckRock's request for injunctive relief, however, because there was no evidence that the CIA would continue using the policy if she decided it was illegal. Although MuckRock won on its claim alleging the existence of a pattern or practice in denying requests for emails, Jackson ruled in favor of the agency on the other remaining issues. She found the agency had properly relied on the expertise of staff to determine the keywords used in searching for several of MuckRock's requests and concluded the agency had properly withheld information under the National Security Act.
Issues: Litigation - Jurisdiction - Failure to State a Claim, Adequacy - Search, Exemption 3 - Statutory prohibition of disclosure

Date Filed	Doc #	Docket Text
2014-06-10	1	COMPLAINT against CENTRAL INTELLIGENCE AGENCY ( Filing fee $ 400 receipt number 0090-3743584) filed by MUCKROCK, LLC. (Attachments: # 1 Civil Cover Sheet)(McClanahan, Kelly) (Entered: 06/10/2014)
2014-06-10	2	LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by MUCKROCK, LLC (McClanahan, Kelly) (Entered: 06/10/2014)
2014-06-10	3	REQUEST FOR SUMMONS TO ISSUE by MUCKROCK, LLC filed by MUCKROCK, LLC. (Attachments: # 1 Summons, # 2 Summons)(McClanahan, Kelly) (Entered: 06/10/2014)
2014-06-10		Case Assigned to Judge Ketanji Brown Jackson. (sth, ) (Entered: 06/11/2014)
2014-06-11	4	SUMMONS (2) Issued Electronically as to CENTRAL INTELLIGENCE AGENCY and U.S. Attorney (Attachments: # 1 Summons, # 2 Summons)(sth, ) (Entered: 06/11/2014)
2014-06-12	5	GENERAL ORDER AND GUIDELINES FOR CIVIL CASES BEFORE JUDGE KETANJI BROWN JACKSON. See attached Order for details. Signed by Judge Ketanji Brown Jackson on 06/12/2014. (lckbj1) (Entered: 06/12/2014)
2014-06-17	6	SUMMONS (1) Issued Electronically as to U.S. Attorney General. (Attachments: # 1 Notice of Consent, # 2 Consent Form) (md, ) (Entered: 06/17/2014)
2014-07-08	7	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. CENTRAL INTELLIGENCE AGENCY served on 6/23/2014, RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 6/23/2014. ( Answer due for ALL FEDERAL DEFENDANTS by 7/23/2014.), RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 6/23/14. (McClanahan, Kelly) (Entered: 07/08/2014)
2014-07-08	8	AMENDED COMPLAINT against CENTRAL INTELLIGENCE AGENCY filed by MUCKROCK, LLC.(McClanahan, Kelly) (Entered: 07/08/2014)
2014-07-14	9	NOTICE of Appearance by Marcia Kay Sowles on behalf of CENTRAL INTELLIGENCE AGENCY (Sowles, Marcia) (Entered: 07/14/2014)
2014-07-14	10	Unopposed MOTION for Extension of Time to File Answer re 8 Amended Complaint by CENTRAL INTELLIGENCE AGENCY (Attachments: # 1 Text of Proposed Order)(Sowles, Marcia) (Entered: 07/14/2014)
2014-07-15		MINUTE ORDER granting, for good cause shown, 10 Motion for Extension of Time to Answer. Defendant shall answer or otherwise respond to the Complaint by 8/20/2014. Signed by Judge Ketanji Brown Jackson on 07/15/2014. (lckbj1) (Entered: 07/15/2014)
2014-08-20	11	ANSWER to 8 Amended Complaint by CENTRAL INTELLIGENCE AGENCY. Related document: 8 Amended Complaint filed by MUCKROCK, LLC.(Sowles, Marcia) (Entered: 08/20/2014)
2014-08-21		MINUTE ORDER. Before the Court in this FOIA case are a complaint and an answer. It is hereby ORDERED that the parties shall promptly confer and file a joint proposed schedule for briefing or disclosure by 9/5/2014. Signed by Judge Ketanji Brown Jackson on 08/21/2014. (lckbj1) (Entered: 08/21/2014)
2014-09-05	12	STATUS REPORT filed pursuant to Court's Minute Order dated August 21, 2014 by CENTRAL INTELLIGENCE AGENCY. (Sowles, Marcia) (Entered: 09/05/2014)
2014-11-03	13	STATUS REPORT of the Parties updating the status of the FOIA requests and setting forth a proposed briefing schedule by CENTRAL INTELLIGENCE AGENCY. (Sowles, Marcia) (Entered: 11/03/2014)
2014-11-07		MINUTE ORDER setting briefing schedule for dispositive motions: Defendant's Motion for Summary Judgment is due by 1/16/2015. Plaintiff's Consolidated Opposition to Defendant's Motion for Summary Judgment and Cross Motion for Summary Judgment is due by 2/17/2015. Plaintiff's Consolidated Reply in Support of its Motion for Summary Judgment and Opposition to Defendant's Cross Motion for Summary Judgment is due by 3/20/2015. Plaintiff's Reply in Support of its Cross Motion for Summary Judgment is due by 4/21/2015. Signed by Judge Ketanji Brown Jackson on 11/7/2014. (lckbj1) (Entered: 11/07/2014)
2015-01-16	14	MOTION for Partial Summary Judgment by CENTRAL INTELLIGENCE AGENCY (Attachments: # 1 Declaration Declaration of Martha Lutz -Part 1 of 4, # 2 Declaration Declaration of Martha Lutz - Part 2 of 4, # 3 Declaration Declaration of Martha Lutz - Part 3 of 4, # 4 Declaration Declaration of Martha Lutz - Part 4 of 4, # 5 Index of Exhibits to Lutz Declaration, # 6 Exhibit Exhibits A-D to Lutz Decl., # 7 Exhibit Exhibits E-J to Lutz Decl., # 8 Exhibit Exhibits K-O to Lutz Decl., # 9 Exhibit Exhibits P-T to Lutz Decl., # 10 Exhibit Exhibits U-CC to Lutz Decl., # 11 Exhibit Exhibit DD to Lutz Decl., # 12 Exhibit Exhibit EE (Vaughn Index) to Lutz Decl., # 13 Statement of Material Facts as to Which There is No Genuine Issue, # 14 Text of Proposed Order)(Sowles, Marcia) (Entered: 01/16/2015)
2015-02-13	15	NOTICE of Filing of Supplemental Declaration of Martha Lutz by CENTRAL INTELLIGENCE AGENCY re 14 MOTION for Partial Summary Judgment (Attachments: # 1 Declaration Supplemental Declaration of Martha Lutz)(Sowles, Marcia) (Entered: 02/13/2015)
2015-02-16	16	Consent MOTION for Extension of Time to File Response/Reply as to 14 MOTION for Partial Summary Judgment by MUCKROCK, LLC (Attachments: # 1 Text of Proposed Order)(McClanahan, Kelly) (Entered: 02/16/2015)
2015-02-19		MINUTE ORDER granting, for good cause shown 16 Consent Motion for Extension of Time to File Response/Reply re 14 MOTION for Partial Summary Judgment, nunc pro tunc to 2/17/2015. Plaintiff's opposition to 14 is due by 4/3/2015. Defendant's reply in further support of 14 is due by 5/5/2015. Signed by Judge Ketanji Brown Jackson on 02/19/2015. (lckbj1) (Entered: 02/19/2015)
2015-04-01	17	Unopposed MOTION for Extension of Time to File Response/Reply as to 14 MOTION for Partial Summary Judgment by MUCKROCK, LLC (Attachments: # 1 Text of Proposed Order)(McClanahan, Kelly) (Entered: 04/01/2015)
2015-04-06		MINUTE ORDER granting, for good cause shown, 17 Motion for Extension of Time to File Response/Reply re 14 MOTION for Partial Summary Judgment, nunc pro tunc to 4/3/2015. Plaintiff's opposition to 14 is due by 5/21/2015. Defendant's reply in further support of 14 is due by 6/19/2015. Signed by Judge Ketanji Brown Jackson on 04/06/2015. (lckbj1) (Entered: 04/06/2015)
2015-05-19	18	Unopposed MOTION for Extension of Time to File Response/Reply as to 14 MOTION for Partial Summary Judgment by MUCKROCK, LLC (Attachments: # 1 Text of Proposed Order)(McClanahan, Kelly) (Entered: 05/19/2015)
2015-05-20		MINUTE ORDER granting 18 Motion for Extension of Time to File Response re 14 MOTION for Partial Summary Judgment. Plaintiff's Opposition to 14 is due by 5/28/2015. Signed by Judge Ketanji Brown Jackson on 05/20/2015. (lckbj1) (Entered: 05/20/2015)
2015-05-28	19	Unopposed MOTION for Extension of Time to File Response/Reply as to 14 MOTION for Partial Summary Judgment by MUCKROCK, LLC (Attachments: # 1 Text of Proposed Order)(McClanahan, Kelly) (Entered: 05/28/2015)
2015-06-01		MINUTE ORDER granting, for good cause shown, 19 Motion for Extension of Time to File Response re 14 MOTION for Partial Summary Judgment, nunc pro tunc to 5/28/2015. Plaintiff's opposition to 14 is due by by 6/11/2015. No further extensions of this deadline will be granted. Signed by Judge Ketanji Brown Jackson on 06/01/2015. (lckbj1) (Entered: 06/01/2015)
2015-06-12	20	Memorandum in opposition to re 14 MOTION for Partial Summary Judgment filed by MUCKROCK, LLC. (Attachments: # 1 Exhibit A - C06206271, # 2 Exhibit B - C06206272, # 3 Exhibit C - Sample CADRE records (notes), # 4 Exhibit D - Sample CADRE records (search results), # 5 Exhibit E - Scudder declaration, # 6 Exhibit F - McClanahan declaration, # 7 Exhibit G - C06109747, # 8 Exhibit H - C06109746, 53, # 9 Exhibit I - Email denials, # 10 Exhibit J - Email template language, # 11 Text of Proposed Order)(McClanahan, Kelly) (Entered: 06/12/2015)
2015-06-12	21	Unopposed MOTION for Extension of Time to File Response/Reply as to 14 MOTION for Partial Summary Judgment (Nunc Pro Tunc) by MUCKROCK, LLC (Attachments: # 1 Text of Proposed Order)(McClanahan, Kelly) (Entered: 06/12/2015)
2015-06-12	22	Cross MOTION for Partial Summary Judgment by MUCKROCK, LLC (Attachments: # 1 Exhibit A - C06206271, # 2 Exhibit B - C06206272, # 3 Exhibit C - Sample CADRE records (notes), # 4 Exhibit D - Sample CADRE records (search results), # 5 Exhibit E - Scudder declaration, # 6 Exhibit F - McClanahan declaration, # 7 Exhibit G - C06109747, # 8 Exhibit H - C06109746, 53, # 9 Exhibit I - Email denials, # 10 Exhibit J - Email template language, # 11 Text of Proposed Order)(McClanahan, Kelly) (Entered: 06/12/2015)
2015-06-12		MINUTE ORDER granting 21 Motion for Extension of Time to File Response re 14 MOTION for Partial Summary Judgment, nunc pro tunc to 6/11/2015. Plaintiff's response to 14 is due by 6/12/2015. Signed by Judge Ketanji Brown Jackson on 06/12/2015. (lckbj1) (Entered: 06/12/2015)
2015-06-23	23	Consent MOTION for Extension of Time to File Response/Reply as to 14 MOTION for Partial Summary Judgment , 22 Cross MOTION for Partial Summary Judgment by CENTRAL INTELLIGENCE AGENCY (Attachments: # 1 Text of Proposed Order)(Sowles, Marcia) (Entered: 06/23/2015)
2015-06-26		MINUTE ORDER. Defendant filed its motion for partial summary judgment on January 16, 2015. Plaintiff filed its opposition to that motion, as well as a cross-motion for summary judgment, nearly five month later, on June 12, 2015, after Plaintiff requested, and this Court granted, five extensions of the opposition deadline. Defendant now seeks a one-month extension of its response deadline, pointing to deadlines counsel has in other matters, and the need for additional time to coordinate with agency counsel and other CIA employees. Upon consideration of these representations, the Court finds that there is good cause for the requested extension, and it accordingly is hereby ORDERED that Defendants 23 Unopposed Motion for Extension of Time is GRANTED, and its consolidated reply in support of its motion for partial summary judgment and opposition to plaintiff's cross-motion for summary judgment is due by 7/24/2015. However, no further extensions of this deadline will be granted. Signed by Judge Ketanji Brown Jackson on 06/24/2015. (lckbj1) (Entered: 06/26/2015)
2015-06-28		Set/Reset Deadlines: Response to Cross Motion due by 7/24/2015. Reply to Motion for Summary Judgment due by 7/24/2015. (gdf) (Entered: 06/28/2015)
2015-07-24	24	Memorandum in opposition to re 22 Cross MOTION for Partial Summary Judgment and Reply in Support of Defendant's Motion for Partial Summary Judgment filed by CENTRAL INTELLIGENCE AGENCY. (Attachments: # 1 List of Exhibits, # 2 Exhibit A - Second Supplemental Declaration of Martha M. Lutz, # 3 Exhibit B- Email from Kel McClanahan to Marcia Sowles, # 4 Response to Plaintiff's Statement of Material Facts as to Which There is No Dispute)(Sowles, Marcia) (Entered: 07/24/2015)
2015-07-24	25	REPLY to opposition to motion re 14 MOTION for Partial Summary Judgment and in Opposition to Plaintiff's Cross-Motion for Partial Summary Judgment filed by CENTRAL INTELLIGENCE AGENCY. (Attachments: # 1 List of Exhibits, # 2 Exhibit A-Second Supplemental Declaration of Martha M. Lutz, # 3 Exhibit B -Email from Kel McClanahan to Marcia Sowles)(Sowles, Marcia) (Entered: 07/24/2015)
2015-08-04	26	MOTION for Extension of Time to File Response/Reply as to 22 Cross MOTION for Partial Summary Judgment (Nunc Pro Tunc) by MUCKROCK, LLC (Attachments: # 1 Text of Proposed Order)(McClanahan, Kelly) (Entered: 08/04/2015)
2015-08-04		MINUTE ORDER granting 26 Motion for Extension of Time to File Reply re 22 Cross Motion for Partial Summary Judgment, nunc pro tunc to 8/3/2015. Plaintiff shall file its reply in support of 22 by 8/13/2015; no further extensions of this deadline will be granted. Signed by Judge Ketanji Brown Jackson on 08/04/2015. (lckbj1) (Entered: 08/04/2015)
2015-08-12	27	NOTICE OF SUPPLEMENTAL AUTHORITY by CENTRAL INTELLIGENCE AGENCY (Sowles, Marcia) (Entered: 08/12/2015)
2015-08-13	28	MOTION for Leave to File Sur-Reply by MUCKROCK, LLC (Attachments: # 1 Text of Proposed Order)(McClanahan, Kelly) (Entered: 08/13/2015)
2015-08-13		MINUTE ORDER granting 28 Motion for Leave to File Surreply. Signed by Judge Ketanji Brown Jackson on 08/13/2015. (lckbj1) (Entered: 08/13/2015)
2015-08-13	29	SURREPLY to re 14 MOTION for Partial Summary Judgment filed by MUCKROCK, LLC. (Attachments: # 1 Exhibit K - NSC Lutz decl)(McClanahan, Kelly) (Entered: 08/14/2015)
2015-08-14	30	REPLY to opposition to motion re 22 Cross MOTION for Partial Summary Judgment filed by MUCKROCK, LLC. (Attachments: # 1 Exhibit K - NSC Lutz Decl.)(McClanahan, Kelly) (Entered: 08/14/2015)
2015-09-01	31	ERRATA by MUCKROCK, LLC 30 Reply to opposition to Motion filed by MUCKROCK, LLC, 29 Surreply filed by MUCKROCK, LLC. (McClanahan, Kelly) (Entered: 09/01/2015)
2016-01-13		MINUTE ORDER setting hearing on 14 MOTION for Partial Summary Judgment and 22 Cross MOTION for Partial Summary Judgment for 2/17/2016 at 10:00 AM in Courtroom 17 before Judge Ketanji Brown Jackson. Signed by Judge Ketanji Brown Jackson on 1/13/2016. (lckbj1) (Entered: 01/13/2016)
2016-02-17		Minute Entry for Motion Hearing proceedings held on 2/17/2016 before Judge Ketanji Brown Jackson, re 14 MOTION for Partial Summary Judgment and 22 Cross MOTION for Partial Summary Judgment. Oral argument heard and motions taken under advisement. (Court Reporter Barbara DeVico) (gdf) (Entered: 02/17/2016)
2016-09-23	32	ORDER requiring Defendant to file a supplemental brief regarding specific topics, supported by any necessary declarations, on or before 11/4/2016, permitting Plaintiff to file a responsive supplemental brief on or before 12/9/2016, and administratively staying the case, with the exception of the ordered briefing, until further order of the Court. See attached Order for details. Signed by Judge Ketanji Brown Jackson on 09/23/2016. (lckbj1) (Entered: 09/23/2016)
2016-10-31	33	MOTION for Extension of Time to File Supplemental Brief and Supporting Declaration by CENTRAL INTELLIGENCE AGENCY (Attachments: # 1 Text of Proposed Order)(Sowles, Marcia) (Entered: 10/31/2016)
2016-10-31	34	Memorandum in opposition to re 33 MOTION for Extension of Time to File Supplemental Brief and Supporting Declaration filed by MUCKROCK, LLC. (Attachments: # 1 Text of Proposed Order)(McClanahan, Kelly) (Entered: 10/31/2016)
2016-11-01	35	REPLY to opposition to motion re 33 MOTION for Extension of Time to File Supplemental Brief and Supporting Declaration filed by CENTRAL INTELLIGENCE AGENCY. (Sowles, Marcia) (Entered: 11/01/2016)
2016-11-03		MINUTE ORDER granting, for good cause shown, 33 Motion for Extension of Time to File Supplemental Brief and Supporting Declaration. It is hereby ORDERED that Defendant's Supplemental Brief and Supporting Declaration are due on or before 11/18/2016. The Court will entertain any extension motion by Plaintiff's counsel regarding Plaintiff's responsive brief. Signed by Judge Ketanji Brown Jackson on 11/3/2016. (lckbj1, ) (Entered: 11/03/2016)
2016-11-18	36	SUPPLEMENTAL MEMORANDUM to re 32 Order,, Case Stayed,, Set Deadlines, Order on Motion for Extension of Time to,, Set/Reset Deadlines, filed by CENTRAL INTELLIGENCE AGENCY. (Attachments: # 1 Declaration Antoinette B. Shiner)(Sowles, Marcia) (Entered: 11/18/2016)
2016-12-09	37	Unopposed MOTION for Extension of Time to File Response/Reply as to 14 MOTION for Partial Summary Judgment by MUCKROCK, LLC (Attachments: # 1 Text of Proposed Order)(McClanahan, Kelly) (Entered: 12/09/2016)
2016-12-12		MINUTE ORDER granting, for good cause shown, 37 Unopposed Motion for Extension of Time to File Response to Defendant's Supplemental Brief. It is hereby ORDERED that Plaintiff's Response to Defendant's Supplemental Brief is due on or before 1/13/2017. Signed by Judge Ketanji Brown Jackson on 12/12/2016. (lckbj1) (Entered: 12/12/2016)
2017-01-13	38	MOTION for Extension of Time to File Response/Reply as to 14 MOTION for Partial Summary Judgment by MUCKROCK, LLC (Attachments: # 1 Exhibit A - CREST notice, # 2 Text of Proposed Order)(McClanahan, Kelly) (Entered: 01/13/2017)
2017-01-18		MINUTE ORDER granting, for good cause shown, 38 Motion for Extension of Time to File Response to Defendant's Supplemental Brief, nunc pro tunc. It is hereby ORDERED that Plaintiff's response to Defendant's 36 Supplemental Memorandum is due on or before 1/31/2017. Signed by Judge Ketanji Brown Jackson on 1/18/2017. (lckbj1) (Entered: 01/18/2017)
2017-01-31	39	RESPONSE to Defendants re 36 Supplemental Memorandum, filed by MUCKROCK, LLC. (Attachments: # 1 Exhibit A - McClanahan-Sowles email 1, # 2 Exhibit B - McClanahan-Sowles email 2)(McClanahan, Kelly) Modified text on 2/1/2017 (td). (Entered: 02/01/2017)
2017-02-01		MINUTE ORDER setting a Status Conference for 2/16/2017 at 10:15 AM in Courtroom 17 before Judge Ketanji Brown Jackson. Signed by Judge Ketanji Brown Jackson on 2/1/2017. (lckbj1) (Entered: 02/01/2017)
2017-02-16		Minute Entry for proceedings held before Judge Ketanji Brown Jackson: Status Conference held on 2/16/2017. Scheduling Order forthcoming. (Court Reporter Barbara DeVico) (nbn) (Entered: 02/16/2017)
2017-02-17	40	ORDER DISMISSING as withdrawn Counts 6, 8, and 9 of Plaintiff's Amended Complaint and requiring Plaintiff to file a Notice regarding status on or before 3/9/2017. See attached Order for details. Signed by Judge Ketanji Brown Jackson on 02/17/2017. (lckbj1) (Entered: 02/17/2017)
2017-03-09	41	STATUS REPORT by MUCKROCK, LLC. (McClanahan, Kelly) (Entered: 03/09/2017)
2017-03-13		MINUTE ORDER. It is hereby ORDERED that Defendant's response, if any, to Plaintiff's 41 Status Report is due on or before 3/29/2017. Signed by Judge Ketanji Brown Jackson on 03/13/2017. (lckbj1) (Entered: 03/13/2017)
2017-03-17	42	NOTICE of Recent Development by MUCKROCK, LLC re 41 Status Report (McClanahan, Kelly) (Entered: 03/17/2017)
2017-03-29	43	RESPONSE re 41 Status Report filed by CENTRAL INTELLIGENCE AGENCY. (Attachments: # 1 Declaration Supplemental Declaration of Antoinette Shiner)(Sowles, Marcia) (Entered: 03/29/2017)
2017-03-29	44	ERRATA by MUCKROCK, LLC 41 Status Report filed by MUCKROCK, LLC. (McClanahan, Kelly) (Entered: 03/29/2017)
2018-02-28		MINUTE ORDER. In light of the representations made in Plaintiffs 42 Notice of Recent Development, it is hereby ORDERED that Count 10 of Plaintiffs Amended Complaint is DISMISSED as moot. Signed by Judge Ketanji Brown Jackson on 2/28/2018. (lckbj1) (Entered: 02/28/2018)
2018-02-28	45	MEMORANDUM OPINION GRANTING IN PART and DENYING IN PART 14 CIAs Motion for Summary Judgment and 22 MuckRocks Cross-Motion for summary judgment. See attached document for details. Signed by Judge Ketanji Brown Jackson on 2/28/2018. (lckbj1) (Entered: 02/28/2018)
2018-02-28	46	ORDER GRANTING IN PART and DENYING IN PART 14 CIA's Motion for Summary Judgment and 22 MuckRock's Cross-Motion for summary judgment. See attached document for details. Signed by Judge Ketanji Brown Jackson on 02/28/2018. (lckbj1) (Entered: 02/28/2018)
2018-02-28		MINUTE ORDER. It is hereby ORDERED that the parties shall promptly confer and shall file a joint status report on or before 3/19/2018, advising the Court of any issues that remain to be resolved and proposing a joint schedule for further proceedings, if additional litigation is going to be necessary. Signed by Judge Ketanji Brown Jackson on 02/28/2018. (lckbj1) (Entered: 02/28/2018)
2018-03-19	47	Joint STATUS REPORT by CENTRAL INTELLIGENCE AGENCY. (Sowles, Marcia) (Entered: 03/19/2018)
2018-03-23		MINUTE ORDER. It is hereby ORDERED that the parties shall file a further joint status report on or before 4/6/2017, which identifies those withholdings, if any, that Plaintiff challenges with respect to Count 1, and which provides an estimate of the length of time that the CIA will need to produce documents with respect to Count 3. Signed by Judge Ketanji Brown Jackson on 3/23/2017. (lckbj1) (Entered: 03/23/2018)
2018-03-23		Set/Reset Deadlines: Status Report due by 4/6/2018 (tj) (Entered: 03/23/2018)
2018-04-06	48	Joint STATUS REPORT by CENTRAL INTELLIGENCE AGENCY. (Sowles, Marcia) (Entered: 04/06/2018)
2018-04-10		MINUTE ORDER. In light of the representations in the parties' joint status report that Defendant anticipates beginning production of documents with respect to Count 3 in the next 3 months, it is hereby ORDERED that the parties shall file a further joint status report on or before 7/13/2018. Signed by Judge Ketanji Brown Jackson on 04/10/2018. (lckbj1) (Entered: 04/10/2018)
2018-07-13	49	Joint STATUS REPORT by CENTRAL INTELLIGENCE AGENCY. (Sowles, Marcia) (Entered: 07/13/2018)
2018-07-16		MINUTE ORDER. In light of the representations in the parties' 45 Joint Status Report, it is hereby ORDERED that the parties shall file a further joint status report on or before 9/13/2018, which shall include a proposed schedule for further proceedings if litigation is going to be necessary. Signed by Judge Ketanji Brown Jackson on 7/16/2018. (lckbj1) (Entered: 07/16/2018)
2018-09-13	50	Interim STATUS REPORT by CENTRAL INTELLIGENCE AGENCY. (Sowles, Marcia) (Entered: 09/13/2018)
2018-09-18		MINUTE ORDER. In light of the representations in the parties' 50 Joint Status Report, it is hereby ORDERED that the parties shall file a further joint status report on or before 12/7/2018, which shall include a proposed schedule for further proceedings if litigation is going to be necessary. Signed by Judge Ketanji Brown Jackson on 9/18/2018. (lckbj1) (Entered: 09/18/2018)
2018-10-03	51	NOTICE of Change of Address by Marcia Kay Sowles (Sowles, Marcia) (Entered: 10/03/2018)
2018-12-07	52	Joint STATUS REPORT by CENTRAL INTELLIGENCE AGENCY. (Sowles, Marcia) (Entered: 12/07/2018)
2018-12-10	53	SUPERSEDING GENERAL ORDER AND GUIDELINES FOR FOIA CASES ASSIGNED TO JUDGE KETANJI BROWN JACKSON. This Order supersedes this Court's prior 5 General Order and Guidelines for Civil Cases. The Court will hold the parties and counsel responsible for following these amended directives, and parties and counsel should pay particular attention to the Court's instructions for processing and production of records, batching motions, and filing exhibits. Failure to adhere to this Order may, when appropriate, result the imposition of sanctions and/or sua sponte denial of non-conforming motions. Signed by Judge Ketanji Brown Jackson on 12/10/2018. (lckbj1) (Entered: 12/10/2018)
2018-12-10		MINUTE ORDER. In light of the representations in the parties 52 Joint Status Report, it is hereby ORDERED that the parties shall file a further joint status report on or before 3/21/2019, which shall contain a proposed schedule for further proceedings if litigation is going to be necessary. Signed by Judge Ketanji Brown Jackson on 12/10/2018. (lckbj1) (Entered: 12/10/2018)
2019-03-21	54	Joint STATUS REPORT by CENTRAL INTELLIGENCE AGENCY. (Sowles, Marcia) (Entered: 03/21/2019)
2019-03-28		MINUTE ORDER. In light of the representations in the parties' 54 Joint Status Report, it is hereby ORDERED that the parties shall file a further joint status report on or before 4/30/2019, which shall include a proposed schedule for further proceedings if litigation is going to be necessary. Signed by Judge Ketanji Brown Jackson on 3/28/2019. (lckbj1) (Entered: 03/28/2019)
2019-04-30	55	Joint STATUS REPORT by CENTRAL INTELLIGENCE AGENCY. (Sowles, Marcia) (Entered: 04/30/2019)
2019-05-06		MINUTE ORDER. In light of the representations in the parties' 55 Joint Status Report, it is hereby ORDERED that the parties shall file a further joint status report on or before 6/4/2019, which shall include a proposed schedule for further proceedings if litigation is going to be necessary. Signed by Judge Ketanji Brown Jackson on 5/6/2019. (lckbj1) (Entered: 05/06/2019)
2019-06-04	56	Joint STATUS REPORT by CENTRAL INTELLIGENCE AGENCY. (Sowles, Marcia) (Entered: 06/04/2019)
2019-06-11	57	ORDER setting briefing schedule for summary judgment: Defendant's Motion for Summary Judgment shall be served on or before 10/4/2019; Plaintiff's Opposition to Motion for Summary Judgment shall be served on or before 11/1/2019; Defendant's Reply in Further Support of Motion for Summary Judgment shall be served on or before 11/22/2019; briefs shall be filed as a batch within three (3) business days of the service of the last reply brief authorized by this Minute Order, but in any event no later than the Final Filing Deadline of 12/30/2019. Signed by Judge Ketanji Brown Jackson on 6/11/2019. (lckbj1) (Entered: 06/11/2019)
2019-10-07	58	NOTICE of Service of Defendant's Motion for Summary Judgment and Supporting Documents by CENTRAL INTELLIGENCE AGENCY re 53 Order,, (Attachments: # 1 Defendant's Motion for Summary Judgment, # 2 Memorandum in Support of Defendant's Motion for Summary Judgment, # 3 Declaration of Antoinette Shiner, # 4 Exhibit A to Shiner Decl., # 5 Exhibit B to Shiner Decl., # 6 Declaration of David Hardy, # 7 Statement of Material Facts as to Which There is No Genuine Dispute, # 8 Proposed Order)(Sowles, Marcia) (Entered: 10/07/2019)
2019-10-10	59	ERRATA to Defendant's Notice of Service of Motion for Summary Judgment by CENTRAL INTELLIGENCE AGENCY 58 Notice (Other),, filed by CENTRAL INTELLIGENCE AGENCY. (Attachments: # 1 Errata Declaration of Antoinette Shiner, # 2 Errata Exhibit A to Shiner Decl., # 3 Errata Exhibit B to Shiner Decl., # 4 Errata Declaration of David Hardy)(Sowles, Marcia) (Entered: 10/10/2019)
2019-11-19	60	Unopposed MOTION to Modify Briefing Schedule by MUCKROCK, LLC (Attachments: # 1 Text of Proposed Order)(McClanahan, Kelly) Modified event title on 11/21/2019 (znmw). (Entered: 11/19/2019)
2019-12-03		MINUTE ORDER granting 60 Motion to Modify Briefing Schedule. It is hereby ORDERED that the final filing deadline in this matter is extended to 1/31/2020. Signed by Judge Ketanji Brown Jackson on 12/3/2019. (jag) (Entered: 12/03/2019)
2020-01-30	61	Unopposed MOTION for Briefing Schedule (Modified) by MUCKROCK, LLC (Attachments: # 1 Text of Proposed Order)(McClanahan, Kelly) (Entered: 01/30/2020)
2020-02-13		MINUTE ORDER granting 61 Motion for Modified Briefing Schedule, nunc pro tunc. It is hereby ORDERED that the briefing schedule in this matter is modified as follows: Plaintiff's consolidated Opposition and Cross-Motion for Summary Judgment shall be served on or before 2/7/2020; Defendant's Reply and Cross-Motion Opposition shall be served on or before 2/28/2020; Plaintiff's Cross-Motion Reply shall be served on or before 3/13/2020; briefs shall be filed as a batch within three (3) business days of the service of the last reply brief authorized by this Minute Order, but in any event no later than the Final Filing Deadline of 4/10/2020. No further extensions of the final filing deadline will be granted. Signed by Judge Ketanji Brown Jackson on 2/13/2020. (jag) (Entered: 02/13/2020)
2020-02-13	62	NOTICE of Service by MUCKROCK, LLC re 58 Notice (Other),, (Attachments: # 1 Opposition, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Text of Proposed Order)(McClanahan, Kelly) (Entered: 02/13/2020)
2020-02-13	63	NOTICE of Service by MUCKROCK, LLC (Attachments: # 1 Motion, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Text of Proposed Order)(McClanahan, Kelly) (Entered: 02/13/2020)
2020-04-02	64	Unopposed MOTION to Modify the Scheduling Order by CENTRAL INTELLIGENCE AGENCY (Attachments: # 1 Text of Proposed Order)(Sowles, Marcia) (Entered: 04/02/2020)
2020-05-29	65	NOTICE of Service by CENTRAL INTELLIGENCE AGENCY (Attachments: # 1 Reply in Support of Def's Motion for Summary Judgment and Opposition to Pl's Motion for Summary Judgment, # 2 Declaration Vanna Blaine (with attachment), # 3 Response to Pl's Statement of Material Facts Not In Dispute)(Sowles, Marcia) (Entered: 05/29/2020)
2020-07-07		MINUTE ORDER granting 64 Motion to Modify Briefing Schedule, nunc pro tunc. It is hereby ORDERED that the filing filing deadline is extended to 7/21/2020. No further extensions of this deadline will be granted. Signed by Judge Ketanji Brown Jackson on 7/7/2020. (jag) (Entered: 07/07/2020)
2020-07-24	66	NOTICE of Voluntary Dismissal by MUCKROCK, LLC (McClanahan, Kelly) (Entered: 07/24/2020)
2020-09-22	67	ERRATA by MUCKROCK, LLC 66 Notice of Voluntary Dismissal filed by MUCKROCK, LLC. (McClanahan, Kelly) (Entered: 09/22/2020)
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