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Case TitleWITTES v. U.S. FEDERAL BUREAU OF INVESTIGATION
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2017cv01883
Date Filed2017-09-13
Date Closed2018-04-20
JudgeJudge Amy Berman Jackson
PlaintiffBENJAMIN WITTES
Case DescriptionBenjamin Wittes, editor of the online publication Lawfare, submitted a FOIA request to the FBI for records concerning communications from acting FBI Director Andrew McCabe and other senior officials to the FBI workforce concerning the firing of James Comey. Wittes also requested a fee waiver. Wittes submitted a second FOIA request for records concerning materials sent by senior officials to various component offices of the FBI concerning the firing of Comey. The agency combined Wittes' two requests. After hearing nothing further from the agency, Wittes filed suit.
Complaint issues: Failure to respond within statutory time limit

DefendantFEDERAL BUREAU OF INVESTIGATION
935 Pennsylvania Avenue NW
Washington, DC 20535
DefendantU.S. FEDERAL BUREAU OF INVESTIGATION
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2017-09-131COMPLAINT against FEDERAL BUREAU OF INVESTIGATION ( Filing fee $ 400 receipt number 0090-5114853) filed by BENJAMIN WITTES. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Civil Cover Sheet, # 6 Summons)(Florence, Justin) (Attachment 5 replaced on 9/15/2017) (jd). Modified to replace fillable civil cover sheet on 9/15/2017 (jd). (Entered: 09/13/2017)
2017-09-13Case Assigned to Judge Amy Berman Jackson. (jd) (Entered: 09/15/2017)
2017-09-142REQUEST FOR SUMMONS TO ISSUE to U.S. Attorney for the District of Columbia (Channing D. Phillips) re 1 Complaint, filed by BENJAMIN WITTES. Related document: 1 Complaint, filed by BENJAMIN WITTES.(Florence, Justin) (Entered: 09/14/2017)
2017-09-143REQUEST FOR SUMMONS TO ISSUE to the U.S. Attorney General (Jefferson B. Sessions III) re 1 Complaint, filed by BENJAMIN WITTES. Related document: 1 Complaint, filed by BENJAMIN WITTES.(Florence, Justin) (Entered: 09/14/2017)
2017-09-154SUMMONS (3) Issued Electronically as to U.S. FEDERAL BUREAU OF INVESTIGATION, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Consent Forms)(jd) (Entered: 09/15/2017)
2017-09-285NOTICE of Appearance by Marina Utgoff Braswell on behalf of U.S. FEDERAL BUREAU OF INVESTIGATION (Braswell, Marina) (Entered: 09/28/2017)
2017-10-026RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 9/19/2017. Answer due for ALL FEDERAL DEFENDANTS by 10/19/2017. (Attachments: # 1 Exhibit A (USPS Receipt & Delivery Confirmation))(Florence, Justin) (Entered: 10/02/2017)
2017-10-027RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 9/19/2017. (Attachments: # 1 Exhibit A (USPS Receipt & Delivery Confirmation))(Florence, Justin) (Entered: 10/02/2017)
2017-10-028RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. FEDERAL BUREAU OF INVESTIGATION served on 9/19/2017 (Attachments: # 1 Exhibit A (USPS Receipt & Delivery Confirmation))(Florence, Justin) (Entered: 10/02/2017)
2017-10-139ANSWER to Complaint by U.S. FEDERAL BUREAU OF INVESTIGATION.(Braswell, Marina) (Entered: 10/13/2017)
2017-10-1310ORDER. Before the Court in this FOIA case are a complaint and an answer. The requirements of Local Civil Rule 16.3 and Rule 26(f) of the Federal Rules of Civil Procedure appear to be inapplicable. Defendant shall file a dispositive motion or, in the alternative, a report setting forth the schedule for the completion of its production of documents to plaintiff on or before November 10, 2017. See Order for details. SO ORDERED. Signed by Judge Amy Berman Jackson on 10/13/2017. (lcabj2) (Entered: 10/13/2017)
2017-11-1311STATUS REPORT by U.S. FEDERAL BUREAU OF INVESTIGATION. (Braswell, Marina) (Entered: 11/13/2017)
2017-11-1412RESPONSE re 11 Status Report filed by BENJAMIN WITTES. (Attachments: # 1 Exhibit 1)(Florence, Justin) (Entered: 11/14/2017)
2017-11-1413REPLY re 12 Response to Document filed by U.S. FEDERAL BUREAU OF INVESTIGATION. (Braswell, Marina) Modified event title on 11/15/2017 (znmw). (Entered: 11/14/2017)
2017-11-14MINUTE ORDER. Defendant must submit a report setting forth the schedule for completion of its production of documents to plaintiff by December 11, 2017. The Court encourages the parties to work together to expedite and narrow the scope of the search. The Court observes that the first June 22, 2017 FOIA request sought records of communications from specific senior FBI officials to the FBI workforce, and therefore, records responsive to that request are most likely to be found at FBI Headquarters. The second request called for communications from the leaders of a number of centrally located branches as well as Field Offices, so the bulk of those records are also most likely to be found at FBI Headquarters, and the parties should be able to prioritize or reduce the number of Field Offices involved. If the parties agree that they would benefit from the assistance of a neutral mediator, they may contact chambers and the Court will refer the matter to the Court's ADR program or a Magistrate Judge. SO ORDERED. Signed by Judge Amy Berman Jackson on 11/14/2017. (lcabj2) (Entered: 11/14/2017)
2017-12-1114STATUS REPORT by U.S. FEDERAL BUREAU OF INVESTIGATION. (Braswell, Marina) (Entered: 12/11/2017)
2017-12-12MINUTE ORDER. The parties shall file a joint status report informing the Court of the status of the production of documents by February 9, 2018. SO ORDERED. Signed by Judge Amy Berman Jackson on 12/12/2017. (lcabj2) (Entered: 12/12/2017)
2017-12-12Set/Reset Deadlines: Joint Status Report regarding production of documents due by 2/9/2018. (tg) (Entered: 12/12/2017)
2018-02-0915Joint STATUS REPORT by BENJAMIN WITTES. (Schwartztol, Laurence) (Entered: 02/09/2018)
2018-02-12MINUTE ORDER. The parties must file a joint status report informing the Court if further proceedings are necessary by February 23, 2018. SO ORDERED. Signed by Judge Amy Berman Jackson on 2/12/2018. (lcabj2) (Entered: 02/12/2018)
2018-02-2316Joint STATUS REPORT by BENJAMIN WITTES. (Schwartztol, Laurence) (Entered: 02/23/2018)
2018-02-23MINUTE ORDER. The parties must file a joint status report by March 16, 2018 either to inform the Court that any issues relating to attorneys' fees have been resolved, or to propose a briefing schedule for any fee petition. SO ORDERED. Signed by Judge Amy Berman Jackson on 2/23/2018. (lcabj2) (Entered: 02/23/2018)
2018-03-1617Joint STATUS REPORT by U.S. FEDERAL BUREAU OF INVESTIGATION. (Braswell, Marina) (Entered: 03/16/2018)
2018-03-19MINUTE ORDER. The parties must file a joint status report by March 30, 2018 informing the Court of any issues relating to attorneys' fees that have not been resolved, if the case has not been dismissed by then. If the parties agree that they would benefit from the assistance of a neutral mediator, they may contact chambers and the Court will refer the matter to the Court's ADR program or a Magistrate Judge. SO ORDERED. Signed by Judge Amy Berman Jackson on 3/19/2018. (lcabj2) (Entered: 03/19/2018)
2018-03-3018Joint STATUS REPORT by BENJAMIN WITTES. (Schwartztol, Laurence) (Entered: 03/30/2018)
2018-04-03MINUTE ORDER. The parties must file a joint status report by April 20, 2018 if the case has not been dismissed by then. Signed by Judge Amy Berman Jackson on 4/3/2018. (lcabj2) (Entered: 04/03/2018)
2018-04-2019STIPULATION of Dismissal and Settlement by BENJAMIN WITTES. (Schwartztol, Laurence) (Entered: 04/20/2018)
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by FOIA Project Staff
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