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Case TitleCALLIMACHI v. FEDERAL BUREAU OF INVESTIGATION et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2020cv01362
Date Filed2020-05-21
Date Closed2022-01-31
JudgeJudge Trevor N. McFadden
PlaintiffRUKMINI CALLIMACHI
Case DescriptionRukmini Callimachi, an investigative journalist, submitted requests to the FBI for records concerning her stepfather Mihail Horia Botez, and others involved in Romania's communist government. The agency acknowledged receipt of the requests. The FBI disclosed some records on Botez but refused to search for records on other third parties without authorization. The agency also denied Callimachi's requests for records on Romanian intelligence under Exemption 1 (national security) and Exemption 3 (other statutes). Callimachi filed administrative appeals for those requests that had been denied. The Office of Information Policy upheld the adequacy of the agency's search for one request but after hearing nothing further from the agency pertaining to any of her requests, Callimachi filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Attorney's fees

DefendantFEDERAL BUREAU OF INVESTIGATION
DefendantU.S. DEPARTMENT OF JUSTICE
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
Complaint attachment 7
Opinion/Order [27]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2020-05-211COMPLAINT against FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE ( Filing fee $ 400 receipt number ADCDC-7147542) filed by RUKMINI CALLIMACHI. (Attachments: # 1 Exhibit A-E, # 2 Exhibit F-J, # 3 Exhibit K-O, # 4 Exhibit P-T, # 5 Exhibit U-V, # 6 Civil Cover Sheet, # 7 Summons)(Topic, Matthew) (Entered: 05/21/2020)
2020-05-212NOTICE of Appearance by Matthew Topic on behalf of RUKMINI CALLIMACHI (Topic, Matthew) (Entered: 05/21/2020)
2020-05-21Case Assigned to Judge Trevor N. McFadden. (adh, ) (Entered: 05/21/2020)
2020-05-213SUMMONS (4) Issued Electronically as to FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(adh, ) (Entered: 05/21/2020)
2020-05-214STANDING ORDER Establishing Procedures for Cases Before Judge Trevor N. McFadden. The parties are hereby ORDERED to read and comply with the directives in the attached standing order. Signed by Judge Trevor N. McFadden on 5/21/2020. (lctnm1) (Entered: 05/21/2020)
2020-06-115NOTICE of Appearance by Marsha Wellknown Yee on behalf of FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE (Yee, Marsha) (Entered: 06/11/2020)
2020-07-066ANSWER to Complaint by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE.(Yee, Marsha) (Entered: 07/06/2020)
2020-07-06MINUTE ORDER. Before the Court are a Complaint and an Answer in this FOIA case. It is hereby ORDERED that the parties shall meet and confer and file a Joint Status Report proposing a schedule for proceeding in this matter. The schedule should address, among other things, the status of Plaintiff's FOIA request, the anticipated number of documents responsive to Plaintiff's FOIA request, the anticipated date(s) for release of the documents requested by Plaintiff, whether a motion for an Open America stay is likely in this case, whether a Vaughn index will be required in this case, and a briefing schedule for dispositive motions, if required. The parties shall file the schedule on or before July 27, 2020. Signed by Judge Trevor N. McFadden on 7/6/2020. (lctnm1) (Entered: 07/06/2020)
2020-07-07Set/Reset Deadlines: Joint Status Report due by 7/27/2020. (hmc) (Entered: 07/07/2020)
2020-07-247RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF JUSTICE served on 6/5/2020 (Topic, Matthew) (Entered: 07/24/2020)
2020-07-248RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. FEDERAL BUREAU OF INVESTIGATION served on 6/5/2020 (Topic, Matthew) (Entered: 07/24/2020)
2020-07-249RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 6/5/2020. (Topic, Matthew) (Entered: 07/24/2020)
2020-07-2410RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 6/5/2020. Answer due for ALL FEDERAL DEFENDANTS by 7/5/2020. (Topic, Matthew) (Entered: 07/24/2020)
2020-07-2711Joint STATUS REPORT by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE. (Yee, Marsha) (Entered: 07/27/2020)
2020-07-28MINUTE ORDER. Upon consideration of the parties' 11 Joint Status Report, it is hereby ORDERED that the parties shall meet and confer and file a Joint Status Report proposing a schedule for proceeding in this matter. The schedule should address, among other things, the status of Plaintiff's FOIA request, the anticipated number of documents responsive to Plaintiff's FOIA request, the anticipated date(s) for release of the documents requested by Plaintiff, whether a motion for an Open America stay is likely in this case, whether a Vaughn index will be required in this case, and a briefing schedule for dispositive motions, if required. The parties shall file the schedule on or before August 27, 2020. Signed by Judge Trevor N. McFadden on 7/28/2020. (lctnm1) (Entered: 07/28/2020)
2020-07-28Set/Reset Deadlines: Joint Status Report due by 8/27/2020. (hmc) (Entered: 07/28/2020)
2020-08-2712Joint STATUS REPORT by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE. (Yee, Marsha) (Entered: 08/27/2020)
2020-08-27MINUTE ORDER. Upon consideration of the parties' 12 Joint Status Report, the parties are hereby ORDERED to file another joint status report on or before September 29, 2020. SO ORDERED. Signed by Judge Trevor N. McFadden on 8/27/2020. (lctnm1) (Entered: 08/27/2020)
2020-08-28Set/Reset Deadlines: Joint Status Report due by 9/29/2020. (hmc) (Entered: 08/28/2020)
2020-09-2913Joint STATUS REPORT by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE. (Yee, Marsha) (Entered: 09/29/2020)
2020-09-29MINUTE ORDER. Upon consideration of the parties' 13 Joint Status Report, the parties are hereby ORDERED to file a further joint status report on or before December 15, 2020, advising the Court on the status of production and proposing a schedule for further proceedings. SO ORDERED. Signed by Judge Trevor N. McFadden on 9/29/2020. (lctnm1) (Entered: 09/29/2020)
2020-09-30Set/Reset Deadlines: Joint Status Report due by 12/15/2020. (hmc) (Entered: 09/30/2020)
2020-12-1514Joint STATUS REPORT by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE. (Yee, Marsha) (Entered: 12/15/2020)
2020-12-16MINUTE ORDER. Upon consideration of the parties' 14 Joint Status Report, the parties are hereby ORDERED to appear by telephone for a status conference on January 6, 2021, at 10:00 a.m. before Judge Trevor N. McFadden. Dial-in information will be sent to counsel. SO ORDERED. Signed by Judge Trevor N. McFadden on 12/16/2020. (lctnm1) (Entered: 12/16/2020)
2020-12-16Set/Reset Hearings: Telephonic Status Conference set for 1/6/2021 at 10:00 AM before Judge Trevor N. McFadden. (hmc) (Entered: 12/16/2020)
2021-01-06Minute Entry for proceedings held before Judge Trevor N. McFadden: Telephonic Status Conference held on 1/6/2021. Joint Status Report due by 2/5/2021. (Court Reporter: Crystal Pilgrim.) (hmc) (Entered: 01/06/2021)
2021-02-0415Joint STATUS REPORT by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE. (Yee, Marsha) (Entered: 02/04/2021)
2021-02-0516ORDER. Upon consideration of the parties' 15 Joint Status Report, the parties shall adhere to the briefing schedule in the attached order. SO ORDERED. Signed by Judge Trevor N. McFadden on 2/5/2021. (lctnm1) (Entered: 02/05/2021)
2021-02-05Set/Reset Deadlines: Defendants' Motion for Summary Judgment due by 4/14/2021. Plaintiff's Opposition and Cross-Motion due by 5/12/2021. Defendants' Reply and Opposition due by 6/2/2021. Plaintiff's Reply due by 6/23/2021. (hmc) (Entered: 02/05/2021)
2021-04-0717Unopposed MOTION for Extension of Time to File Defendants' Motion for Summary Judgment and to Modify Remainder of Briefing Schedule by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order)(Yee, Marsha) (Entered: 04/07/2021)
2021-04-07MINUTE ORDER. Upon consideration of Defendants' 17 Unopposed Motion for Extension of Time, the Court hereby modifies the briefing schedule ordered on February 5, 2021. Defendants shall file their Motion for Summary Judgment on or before May 6, 2021. Plaintiff shall file her Combined Opposition and Cross-Motion for Summary Judgment (if applicable) on or before June 3, 2021. Defendants shall file their Combined Reply and Opposition (if applicable) on or before June 24, 2021. Plaintiff shall file her Reply (if any) in Support of any Cross-Motion for Summary Judgment on or before July 15, 2021. SO ORDERED. Signed by Judge Trevor N. McFadden on 4/7/2021. (lctnm1) (Entered: 04/07/2021)
2021-04-3018Unopposed MOTION for Extension of Time to File Defendants' Motion for Summary Judgment MOTION to Modify Remainder of Briefing Schedule by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order)(Yee, Marsha). Added MOTION to Modify on 5/4/2021 (eg). (Entered: 04/30/2021)
2021-04-30MINUTE ORDER. Upon consideration of Defendants' 18 Unopposed Motion for Extension of Time, the Court hereby modifies the briefing schedule ordered on April 7, 2021. Defendants shall file their Motion for Summary Judgment on or before June 24, 2021. Plaintiff shall file her Combined Opposition and Cross-Motion for Summary Judgment (if applicable) on or before July 22, 2021. Defendants shall file their Combined Reply and Opposition (if applicable) on or before August 12, 2021. Plaintiff shall file her Reply (if any) in Support of any Cross-Motion for Summary Judgment on or before September 2, 2021. Further extension requests on similar grounds will be disfavored. SO ORDERED. Signed by Judge Trevor N. McFadden on 4/30/2021. (lctnm1) (Entered: 04/30/2021)
2021-04-30Set/Reset Deadlines: Defendants' Motion for Summary Judgment due by 6/24/2021. Plaintiff's Opposition and Cross-Motion due by 7/22/2021. Defendants' Reply and Opposition due by 8/12/2021. Plaintiff's Reply due by 9/2/2021. (hmc) (Entered: 04/30/2021)
2021-06-2419MOTION for Summary Judgment by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Statement of Facts, # 2 Seidel Decl. & Exs., # 3 Text of Proposed Order)(Yee, Marsha) (Entered: 06/24/2021)
2021-07-1320Unopposed MOTION for Extension of Time to Briefing Schedule by RUKMINI CALLIMACHI. (Attachments: # 1 Text of Proposed Order)(Topic, Matthew) (Entered: 07/13/2021)
2021-07-13MINUTE ORDER. Upon consideration of Plaintiff's 20 Unopposed Motion for Extension of Time, the Court hereby modifies the briefing schedule ordered on April 30, 2021. Plaintiff shall file her Combined Opposition and Cross-Motion for Summary Judgment on or before July 29, 2021. Defendants shall file their Combined Reply and Opposition on or before August 19, 2021. Plaintiff shall file her Reply (if any) in Support of her Cross-Motion for Summary Judgment on or before September 9, 2021. SO ORDERED. Signed by Judge Trevor N. McFadden on 7/13/2021. (lctnm1) (Entered: 07/13/2021)
2021-07-13Set/Reset Deadlines: Plaintiff's Combined Opposition and Cross-Motion for Summary Judgment due by 7/29/2021. Defendants' Combined Reply and Opposition due by 8/19/2021. Plaintiff's Reply due by 9/9/2021. (hmc) (Entered: 07/13/2021)
2021-07-2921Cross MOTION for Summary Judgment by RUKMINI CALLIMACHI. (Attachments: # 1 Memorandum in Support, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Statement of Facts, # 11 Statement of Facts Response to Statement of Facts, # 12 Text of Proposed Order)(Topic, Matthew) (Entered: 07/29/2021)
2021-07-2922Memorandum in opposition to re 19 MOTION for Summary Judgment filed by RUKMINI CALLIMACHI. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Statement of Facts, # 10 Statement of Facts Response to Statement of Facts, # 11 Text of Proposed Order)(Topic, Matthew) (Entered: 07/29/2021)
2021-08-1923REPLY to opposition to motion re 19 MOTION for Summary Judgment filed by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Seidel Suppl. Decl., # 2 Defs. Resps. to Pl.'s SMF, # 3 Text of Proposed Order)(Yee, Marsha) (Entered: 08/19/2021)
2021-08-1924Memorandum in opposition to re 21 Cross MOTION for Summary Judgment filed by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Seidel Suppl. Decl., # 2 Defs. Resps. to Pl.'s SMF, # 3 Text of Proposed Order)(Yee, Marsha) (Entered: 08/19/2021)
2021-09-0925REPLY to opposition to motion re 21 Cross MOTION for Summary Judgment filed by RUKMINI CALLIMACHI. (Topic, Matthew) (Entered: 09/09/2021)
2022-01-0526ORDER directing Defendants to submit redacted and unredacted copies of withheld material for Court's in camera review. See attached Order for details. Signed by Judge Trevor N. McFadden on 1/5/22. (lctnm2) (Entered: 01/05/2022)
2022-01-06Set/Reset Deadlines: Defendants' documents due by 1/12/2022. (zhmc) (Entered: 01/06/2022)
2022-01-2827MEMORANDUM OPINION re Defendant's 19 Motion for Summary Judgment and Plaintiff's 21 Cross-Motion for Summary Judgment. Signed by Judge Trevor N. McFadden on 1/28/22. (lctnm2) (Entered: 01/28/2022)
2022-01-2828ORDER. For the reasons stated in the 27 Memorandum Opinion, Defendant's 19 Motion for Summary Judgment is GRANTED and Plaintiff's 21 Cross-Motion for Summary Judgment is DENIED. The Clerk of Court is requested to close the case. See attached Order for details. Signed by Judge Trevor N. McFadden on 1/28/2022. (lctnm2) (Entered: 01/28/2022)
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