Case Detail

FOIA Project Annotation: Judge Carl Nichols has ruled that the FBI has not shown that it conducted an adequate search for records in response to requests from Property of the People and its founder Ryan Shapiro for records relating to the documentary film "Cowspiracy," the term "ag-gag" and eight specific pieces of legislation. The agency searched its Central Records System but located no responsive records. Property of the People argued that the agency should have known that a keyword search would not yield any responsive records and instead should have conducted a more targeted search. Nichols agreed the search was insufficient under the circumstances. He noted that "defendants' argument that the FBI followed (or even went beyond) its standard FOIA search procedures and thus satisfied its FOIA search obligation misses the key question, which is not whether they can demonstrate that standard FOIA procedures were followed. Rather, the correct question is whether the search was reasonably calibrated to produce all relevant records." He pointed out that "because defendants have failed to provide any evidence that terms liked these were likely to be indexed, they have not demonstrated that the FBI conducted a sufficient search for records relating to 'Cowspiracy' or 'ag-gag.'" Nichols also rejected the FBI's argument that a more thorough search would be unduly burdensome. He observed that "here, Defendants have not produced any explanation, much less a detailed one, of the time and expense of the proposed searches. Instead, they rely solely on conclusory statements from their declarant, stating that full-text searches and searches of specific offices would be highly burdensome to the FBI. These statements, without more, are insufficient to relieve the FBI from its obligation to do more than search the CRS indices." He added that "the Court certainly cannot conclude, based on the record before it, that it would be unduly burdensome for the FBI to have to do more than it already has."
Issues: Search - Reasonableness of search

Date Filed	Doc #	Docket Text
2018-05-22	1	COMPLAINT against DEPARTMENT OF HOMELAND SECURITY, DEPARTMENT OF JUSTICE, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE ( Filing fee $ 400 receipt number 0090-5495986) filed by PROPERTY OF THE PEOPLE, INC., RYAN NOAH SHAPIRO. (Attachments: # 1 Civil Cover Sheet, # 2 Summons)(Light, Jeffrey) (Entered: 05/22/2018)
2018-05-22	2	LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by PROPERTY OF THE PEOPLE, INC. (Light, Jeffrey) (Entered: 05/22/2018)
2018-05-24		Case Assigned to Judge Christopher R. Cooper. (zsb) (Entered: 05/24/2018)
2018-05-24	3	SUMMONS (5) Issued Electronically as to DEPARTMENT OF HOMELAND SECURITY, DEPARTMENT OF JUSTICE, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(zsb) (Entered: 05/24/2018)
2018-07-10	4	AMENDED COMPLAINT against DEPARTMENT OF HOMELAND SECURITY, DEPARTMENT OF JUSTICE, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE, UNITED STATES ARMY, NATIONAL SECURITY AGENCY filed by PROPERTY OF THE PEOPLE, INC., RYAN NOAH SHAPIRO. (Attachments: # 1 Summons)(Light, Jeffrey) (Entered: 07/10/2018)
2018-07-11	5	SUMMONS (2) Issued Electronically as to NATIONAL SECURITY AGENCY, UNITED STATES ARMY. (ztd) (Entered: 07/11/2018)
2018-07-27	6	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 7/16/2018. ( Answer due for ALL FEDERAL DEFENDANTS by 8/15/2018.), RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. DEPARTMENT OF HOMELAND SECURITY served on 7/20/2018; DEPARTMENT OF JUSTICE served on 7/16/2018; NATIONAL SECURITY AGENCY served on 7/19/2018; OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE served on 7/23/2018; UNITED STATES ARMY served on 7/20/2018, RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 7/16/18. (Light, Jeffrey) (Entered: 07/27/2018)
2018-08-15	7	NOTICE of Appearance by Joshua M. Kolsky on behalf of DEPARTMENT OF HOMELAND SECURITY, DEPARTMENT OF JUSTICE, NATIONAL SECURITY AGENCY, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE, UNITED STATES ARMY (Kolsky, Joshua) (Entered: 08/15/2018)
2018-08-15	8	ANSWER to 4 Amended Complaint, by DEPARTMENT OF HOMELAND SECURITY, DEPARTMENT OF JUSTICE, NATIONAL SECURITY AGENCY, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE, UNITED STATES ARMY.(Kolsky, Joshua) (Entered: 08/15/2018)
2019-02-26	9	NOTICE OF SUBSTITUTION OF COUNSEL by Matthew Evan Kahn on behalf of All Defendants Substituting for attorney Joshua Kolsky (Kahn, Matthew) (Entered: 02/26/2019)
2019-06-05		MINUTE ORDER: Before the Court in this FOIA case are a complaint and an answer. Since the requirements of LCvR 16.3 and Rule 26(f) of the Federal Rules of Civil Procedure do not apply, it is hereby ORDERED that the parties shall confer and file a joint proposed schedule for briefing or disclosure by June 19, 2019. Signed by Judge Christopher R. Cooper on 6/5/2019. (lccrc1) (Entered: 06/05/2019)
2019-06-06		Set/Reset Deadlines: Joint Proposed Briefing Schedule due by 6/19/2019 (lsj) (Entered: 06/06/2019)
2019-06-13	10	Joint STATUS REPORT by PROPERTY OF THE PEOPLE, INC., RYAN NOAH SHAPIRO. (Light, Jeffrey) (Entered: 06/13/2019)
2019-06-18		MINUTE ORDER: Upon consideration of the parties' 10 Joint Status Report, it is hereby ORDERED that the summary judgment briefing shall proceed as follows: Defendants shall file their motion for summary judgment by August 2, 2019; Plaintiffs shall file their opposition and cross-motion for summary judgment by September 16, 2019; Defendants shall file their reply and opposition by October 7, 2019; and Plaintiffs shall file their reply by October 28, 2019. Signed by Judge Christopher R. Cooper on 6/18/2019. (lccrc1) (Entered: 06/18/2019)
2019-06-18		Set/Reset Deadlines: Defendants' Summary Judgment motion due by 8/2/2019. Plaintiffs' Response and Cross Motion due by 9/16/2019. Defendants' Reply and Response to Cross Motion due by 10/7/2019. Plaintiffs' Reply to Cross Motion due by 10/28/2019. (kh) (Entered: 06/18/2019)
2019-06-24		Case directly reassigned to Judge Carl J. Nichols. Judge Christopher R. Cooper is no longer assigned to the case. (ztnr) (Entered: 06/24/2019)
2019-08-02	11	NOTICE of Voluntary Dismissal re Department of Homeland Security, Office of the Director of National Intelligence, United States Army, National Security Agency and the Bureau of Alcohol, Tobacco Firearms and Explosives (Kahn, Matthew) (Entered: 08/02/2019)
2019-08-02	12	MOTION for Summary Judgment by DEPARTMENT OF JUSTICE (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Exhibit, # 4 Declaration, # 5 Text of Proposed Order)(Kahn, Matthew) (Entered: 08/02/2019)
2019-09-16	13	Memorandum in opposition to re 12 MOTION for Summary Judgment filed by PROPERTY OF THE PEOPLE, INC., RYAN NOAH SHAPIRO. (Attachments: # 1 Exhibit 1, # 2 Statement of Facts, # 3 Text of Proposed Order)(Light, Jeffrey) (Entered: 09/16/2019)
2019-09-16	14	Cross MOTION for Summary Judgment by PROPERTY OF THE PEOPLE, INC., RYAN NOAH SHAPIRO (Attachments: # 1 Exhibit 1, # 2 Statement of Facts, # 3 Text of Proposed Order)(Light, Jeffrey) (Entered: 09/16/2019)
2019-10-07	15	Consent MOTION for Extension of Time to File Reply and Opposition to Plaintiff's Cross-Motion For Summary Judgment by DEPARTMENT OF HOMELAND SECURITY, DEPARTMENT OF JUSTICE, NATIONAL SECURITY AGENCY, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE, UNITED STATES ARMY (Kahn, Matthew) (Entered: 10/07/2019)
2019-10-09		MINUTE ORDER. Upon consideration of Defendant Federal Bureau of Investigation's (FBI) 15 Consent Motion for Extension of Time, it is hereby ORDERED that the Motion is GRANTED and further ORDERED (1) that Defendant FBI shall file its Reply to Plaintiffs' 13 Opposition to its 12 Motion for Summary Judgment on or before November 4, 2019; (2) that Defendant FBI shall file its Opposition to Plaintiffs' 14 Cross-Motion for Summary Judgment on or before November 4, 2019; and (3) that Plaintiffs shall file their Reply to Defendant FBI's Opposition to their 14 Cross-Motion for Summary Judgment on or before November 25, 2019. Signed by Judge Carl J. Nichols on October 9, 2019. (lccjn1) (Entered: 10/09/2019)
2019-11-04	16	NOTICE OF SUBSTITUTION OF COUNSEL by Derek S. Hammond on behalf of All Defendants Substituting for attorney Matthew Kahn (Hammond, Derek) (Entered: 11/04/2019)
2019-11-04	17	Consent MOTION for Extension of Time to File Response/Reply by DEPARTMENT OF HOMELAND SECURITY, DEPARTMENT OF JUSTICE, NATIONAL SECURITY AGENCY, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE, UNITED STATES ARMY (Attachments: # 1 Text of Proposed Order)(Hammond, Derek) (Entered: 11/04/2019)
2019-11-05		MINUTE ORDER. Upon consideration of Defendant FBI's 17 Consent Motion for Enlargement of Time, it is hereby ORDERED that the Motion is GRANTED and that (1) Defendant FBI shall file its Reply to Plaintiffs' 13 Opposition to FBI's Motion for Summary Judgment on or before November 18, 2019; (2) Defendant FBI shall file its Opposition to Plaintiffs' 14 Cross-Motion for Summary Judgment on or before November 18, 2019; and (3) Plaintiffs shall file their Reply to Defendant FBI's Opposition to Plaintiffs' 14 Cross-Motion for Summary Judgment on or before December 16, 2019. Signed by Judge Carl J. Nichols on November 5, 2019. (lccjn1) (Entered: 11/05/2019)
2019-11-05		Set/Reset Deadlines/Hearings: Defendant FBI's reply to Motion for Summary Judgment due by 11/18/2019. Defendant FBI's response to Cross Motion for Summary Judgment due by 11/18/2019. Plaintiffs' reply to Cross Motion for Summary Judgment due by 12/16/2019. (zcdw) (Entered: 11/05/2019)
2019-11-08	18	NOTICE of Appearance by Katherine Boyd Palmer-Ball on behalf of All Defendants (Palmer-Ball, Katherine) (Entered: 11/08/2019)
2019-11-13	19	Consent MOTION for Extension of Time to File Response/Reply by DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Palmer-Ball, Katherine) (Entered: 11/13/2019)
2019-11-14		MINUTE ORDER. Upon consideration of Defendant FBI's 19 Consent Motion for Enlargement of Time, it is hereby ORDERED that the Motion is GRANTED. It is further ORDERED that (1) Defendant FBI shall file its combined Reply to Plaintiffs' 13 Opposition to Defendant FBI's 12 Motion for Summary Judgment and Opposition to Plaintiffs' 14 Cross-Motion for Summary Judgment on or before December 5, 2019, and (2) Plaintiffs shall file their Reply to Defendant FBI's Opposition to their Cross-Motion for Summary Judgment on or before December 23, 2019. Signed by Judge Carl J. Nichols on November 14, 2019. (lccjn1) (Entered: 11/14/2019)
2019-11-14		Set/Reset Deadlines/Hearings: Defendant FBI's reply to Motion for Summary Judgment due by 12/5/2019. Plaintiffs' response to Cross Motion for Summary Judgment due by 12/5/2019. Reply to Cross Motion for Summary Judgment due by 12/23/2019. (zcdw) (Entered: 11/16/2019)
2019-12-05	20	Unopposed MOTION for Leave to File to Submit an Ex Parte, In Camera Declaration by DEPARTMENT OF JUSTICE (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order)(Palmer-Ball, Katherine) (Entered: 12/05/2019)
2019-12-05	21	REPLY to opposition to motion re 12 MOTION for Summary Judgment filed by DEPARTMENT OF JUSTICE. (Attachments: # 1 Exhibit A (Second Declaration of David M. Hardy))(Palmer-Ball, Katherine) (Entered: 12/05/2019)
2019-12-05	22	Memorandum in opposition to re 14 Cross MOTION for Summary Judgment filed by DEPARTMENT OF JUSTICE. (Attachments: # 1 Exhibit A (Second Declaration of David M. Hardy), # 2 Response to Plaintiffs' Statement of Material Facts, # 3 Text of Proposed Order)(Palmer-Ball, Katherine) (Entered: 12/05/2019)
2019-12-12		MINUTE ORDER. After review of Defendant FBI's Unopposed Motion for Leave to Submit an Ex Parte , In Camera Declaration, it is hereby ORDERED that Defendant FBI's Motion is GRANTED. Signed by Judge Carl J. Nichols on December 12, 2019. (lccjn1) (Entered: 12/12/2019)
2019-12-12	23	NOTICE of Ex Parte, In Camera Filing by DEPARTMENT OF JUSTICE (Palmer-Ball, Katherine) (Entered: 12/12/2019)
2019-12-23	24	REPLY to opposition to motion re 14 Cross MOTION for Summary Judgment filed by PROPERTY OF THE PEOPLE, INC., RYAN NOAH SHAPIRO. (Light, Jeffrey) (Entered: 12/23/2019)
2020-10-08		MINUTE ORDER. After review of Defendants' 12 Motion for Summary Judgment and Plaintiffs' 14 Cross-Motion for Summary Judgment, it is hereby ORDERED that a telephonic hearing on the Motions is scheduled for October 19, 2020, at 2 PM. Signed by Judge Carl J. Nichols on October 8, 2020. (lccjn1) (Entered: 10/08/2020)
2020-10-08		Set/Reset Hearings: Telephone Motion Hearing set for 10/19/2020 at 02:00 PM in Telephonic/VTC before Judge Carl J. Nichols. (zcal) (Entered: 10/09/2020)
2020-10-19		Minute Order and Entry for Proceedings held before Judge Carl J. Nichols: Motion Hearing held on 10/19/2020 re 12 MOTION for Summary Judgment filed by DEPARTMENT OF JUSTICE, 14 Cross MOTION for Summary Judgment filed by PROPERTY OF THE PEOPLE, INC., RYAN NOAH SHAPIRO. Motions taken under advisement by the Court. Court Reporter: Lorraine Herman. (zcal) (Entered: 10/19/2020)
2021-03-31	25	ORDER. Signed by Judge Carl J. Nichols on March 31, 2021. (lccjn1) (Entered: 03/31/2021)
2021-03-31	26	MEMORANDUM OPINION. Signed by Judge Carl J. Nichols on March 31, 2021. (lccjn1) (Entered: 03/31/2021)
2021-04-30	27	Joint STATUS REPORT by DEPARTMENT OF JUSTICE. (Hammond, Derek) (Entered: 04/30/2021)
2021-05-02	28	TRANSCRIPT OF PROCEEDINGS before Judge Carl J. Nichols held on 10/19/2020. Page Numbers: 1-25. Court Reporter/Transcriber Lorraine Herman, Telephone number 202-354-3196. Transcripts may be ordered by submitting the Transcript Order Form 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 transcr ipt 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 5/23/2021. Redacted Transcript Deadline set for 6/2/2021. Release of Transcript Restriction set for 7/31/2021.(Herman, Lorraine) (Entered: 05/02/2021)
2021-05-31	29	Joint STATUS REPORT by DEPARTMENT OF JUSTICE. (Hammond, Derek) (Entered: 05/31/2021)
2021-06-30	30	Joint STATUS REPORT by DEPARTMENT OF JUSTICE. (Hammond, Derek) (Entered: 06/30/2021)
2021-07-25	31	NOTICE OF WITHDRAWAL OF APPEARANCE as to DEPARTMENT OF JUSTICE. Attorney Katherine Boyd Palmer-Ball terminated. (Palmer-Ball, Katherine) (Entered: 07/25/2021)
2021-08-15		MINUTE ORDER. After review of the Parties' 31 Joint Status Report, it is hereby ORDERED that the Parties shall file an additional joint status report by October 1, 2021. Signed by Judge Carl J. Nichols on August 15, 2021. (lccjn1) (Entered: 08/15/2021)
2021-08-18		Set/Reset Deadlines: Joint Status Report due by 10/1/2021. (zkh) (Entered: 08/18/2021)
2021-10-01	32	Joint STATUS REPORT by DEPARTMENT OF JUSTICE. (Hammond, Derek) (Entered: 10/01/2021)
2021-10-04		MINUTE ORDER. Upon consideration of the 32 Joint Status Report, it is ORDERED that the Parties shall meet and confer about the FBI's response to Plaintiff's FOIA request, and it is further ORDERED that the Parties shall file an additional joint status report by December 1, 2021, including a recommendation for further proceedings. Signed by Judge Carl J. Nichols on October 4, 2021. (lccjn1) (Entered: 10/04/2021)
2021-10-04		Set/Reset Deadlines: Joint Status Report due by 12/1/2021. (zkh) (Entered: 10/04/2021)
2021-12-01	33	Joint STATUS REPORT by DEPARTMENT OF JUSTICE. (Hammond, Derek) (Entered: 12/01/2021)
2021-12-01		MINUTE ORDER. Upon consideration of the 33 Joint Status Report, it is ORDERED that the Parties shall file, by February 1, 2022, an additional joint status report, including a proposal for further proceedings. Signed by Judge Carl J. Nichols on December 1, 2022. (lccjn1) (Entered: 12/01/2021)
2021-12-01		Set/Reset Deadlines: Joint Status Report due by 2/1/2022. (zcal) (Entered: 12/02/2021)
2022-02-01	34	Joint STATUS REPORT by DEPARTMENT OF JUSTICE. (Hammond, Derek) (Entered: 02/01/2022)
2022-02-02		MINUTE ORDER. Upon consideration of the 34 Joint Status Report, it is ORDERED that the Parties shall file, by April 1, 2022, an additional joint status report, including a proposal for further proceedings in this matter. Signed by Judge Carl J. Nichols on February 2, 2022. (lccjn1) (Entered: 02/02/2022)
2022-04-01	35	Joint STATUS REPORT by DEPARTMENT OF JUSTICE. (Hammond, Derek) (Entered: 04/01/2022)
2022-04-05		MINUTE ORDER. Upon consideration of the 35 Joint Status Report, it is ORDERED that the Parties shall file, by June 1, 2022, an additional joint status report, including a proposal for further proceedings in this matter. Signed by Judge Carl J. Nichols on April 5, 2022. (lccjn1) (Entered: 04/05/2022)
2022-05-04	36	STIPULATION of Dismissal by DEPARTMENT OF JUSTICE. (Hammond, Derek) (Entered: 05/04/2022)
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