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Case TitleNATIONAL SECURITY ARCHIVE v. DEPARTMENT OF STATE
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2020cv03649
Date Filed2020-12-14
Date Closed2023-02-23
JudgeJudge Emmet G. Sullivan
PlaintiffNATIONAL SECURITY ARCHIVE
Case DescriptionThe National Security Archive filed suit against the Department of State concerning a number of FOIA requests NSA had submitted to the State Department more than five years ago but still had not received a response.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantDEPARTMENT OF STATE
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2020-12-141COMPLAINT for Injunctive Relief against DEPARTMENT OF STATE ( Filing fee $ 402 receipt number ADCDC-7954029) filed by NATIONAL SECURITY ARCHIVE. (Attachments: # 1 Civil Cover Sheet, # 2 Summons State, # 3 Summons US Attorney, # 4 Summons Attorney General, # 5 Rule 7.1 Certificate)(Sobel, David) (Entered: 12/14/2020)
2020-12-142LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by NATIONAL SECURITY ARCHIVE (adh, ) (Entered: 12/14/2020)
2020-12-14Case Assigned to Judge Emmet G. Sullivan. (adh, ) (Entered: 12/14/2020)
2020-12-153SUMMONS (3) Issued Electronically as to DEPARTMENT OF STATE, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Summons 2, # 2 Summons 3, # 3 Notice and Consent) (zmd) (Entered: 12/15/2020)
2020-12-174STANDING ORDER: The parties are directed to read the attached Standing Order Governing Civil Cases Before Judge Emmet G. Sullivan in its entirety upon receipt. The parties are hereby ORDERED to comply with the directives in the attached Standing Order. Signed by Judge Emmet G. Sullivan on 12/17/20. (Attachment: # 1 Exhibit 1) (mac) (Entered: 12/17/2020)
2021-01-065NOTICE of Appearance by Benton Gregory Peterson on behalf of DEPARTMENT OF STATE (Peterson, Benton) (Entered: 01/06/2021)
2021-01-146RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 12/22/2020. Answer due for ALL FEDERAL DEFENDANTS by 1/21/2021. (Attachments: # 1 Affidavit of Mailing)(Sobel, David) (Entered: 01/14/2021)
2021-01-197Unopposed MOTION for Extension of Time to File by DEPARTMENT OF STATE. (Attachments: # 1 Text of Proposed Order)(Peterson, Benton) (Main Document 7 replaced on 1/22/2021) (zjf). (Attachment 1 replaced on 1/22/2021) (zjf). (Entered: 01/19/2021)
2021-02-05MINUTE ORDER granting, nunc pro tunc, 7 defendant's unopposed Motion for Extension of Time to File Answer. The defendant shall file its answer or other response to the complaint by no later than February 11, 2021. Signed by Judge Emmet G. Sullivan on 2/5/2021. (lcegs2) (Entered: 02/05/2021)
2021-02-06Set/Reset Deadlines: Defendant Answer Or Otherwise Response To The Complaint due by 2/11/2021. (mac) (Entered: 02/06/2021)
2021-02-118ANSWER to Complaint by DEPARTMENT OF STATE.(Peterson, Benton) (Entered: 02/11/2021)
2021-02-12MINUTE ORDER. Plaintiff brings this action pursuant to the Freedom of Information Act (FOIA), 5 U.S.C. § 552. The parties are directed to meet and confer and propose a joint scheduling order for further proceedings in this case by no later than March 12, 2021. The parties' joint proposed scheduling order shall address the following: (1) The status of plaintiff's FOIA request; (2) The anticipated number of documents responsive to plaintiff's FOIA request; (3) The anticipated date(s), if any, for release of documents responsive to plaintiff's FOIA request; (4) Whether a motion for an Open America stay is likely in this case; (5) Whether a Vaughn index will be required in this case; (6) Whether this case would benefit from referral to a magistrate judge or the District Court Mediation Program for purposes of settlement; and (7) A proposed briefing schedule for dispositive motions, if applicable. If the parties are unable to agree on a joint recommendation, the joint proposed scheduling order shall include each party's individual recommendations. Signed by Judge Emmet G. Sullivan on 2/12/2021. (lcegs2) (Entered: 02/12/2021)
2021-02-13Set/Reset Deadlines: Joint Scheduling Order due by 3/12/2021. (mac) (Entered: 02/13/2021)
2021-03-119Joint STATUS REPORT by DEPARTMENT OF STATE. (Peterson, Benton) (Entered: 03/11/2021)
2021-03-12MINUTE ORDER. In view of 9 Joint Status Report, the parties shall file a further joint status report by no later than April 11, 2021. Signed by Judge Emmet G. Sullivan on 3/12/2021. (lcegs2) (Entered: 03/12/2021)
2021-03-13Set/Reset Deadlines: Joint Status Report due by 4/11/2021 (mac) (Entered: 03/13/2021)
2021-04-1210Joint STATUS REPORT by DEPARTMENT OF STATE. (Peterson, Benton) (Entered: 04/12/2021)
2021-04-12MINUTE ORDER. In view of 10 Joint Status Report, the parties are directed to file a further joint status report by no later than May 12, 2021. Signed by Judge Emmet G. Sullivan on 4/12/2021. (lcegs2) (Entered: 04/12/2021)
2021-04-13Set/Reset Deadlines: Joint Status Report due by 5/12/2021 (mac) (Entered: 04/13/2021)
2021-05-1211Joint STATUS REPORT by DEPARTMENT OF STATE. (Peterson, Benton) (Entered: 05/12/2021)
2021-05-17MINUTE ORDER. In view of 11 Joint Status Report, the parties are directed to file another joint status report by no later than June 12, 2021. Signed by Judge Emmet G. Sullivan on 5/17/2021. (lcegs2) (Entered: 05/17/2021)
2021-05-17Set/Reset Deadlines: Joint Status Report due by 6/12/2021 (mac) (Entered: 05/17/2021)
2021-06-1112Joint STATUS REPORT by DEPARTMENT OF STATE. (Peterson, Benton) (Entered: 06/11/2021)
2021-06-14MINUTE ORDER. In view of 12 Joint Status Report, the parties are directed to file another joint status report by no later than July 12, 2021. Signed by Judge Emmet G. Sullivan on 6/14/2021. (lcegs2) (Entered: 06/14/2021)
2021-06-15Set/Reset Deadlines: Joint Status Report due by 7/12/2021 (mac) (Entered: 06/15/2021)
2021-07-1213Joint STATUS REPORT by DEPARTMENT OF STATE. (Peterson, Benton) (Entered: 07/12/2021)
2021-07-12MINUTE ORDER. In view of 13 Joint Status Report, the parties shall file another joint status report by no later than September 10, 2021. Signed by Judge Emmet G. Sullivan on 7/12/2021. (lcegs2) (Entered: 07/12/2021)
2021-07-13Set/Reset Deadlines: Joint Status Report due by 9/10/2021. (mac) (Entered: 07/13/2021)
2021-09-1314Joint STATUS REPORT by NATIONAL SECURITY ARCHIVE. (Sobel, David) (Entered: 09/13/2021)
2021-10-11MINUTE ORDER. In view of 14 Joint Status Report, the parties shall file another joint status report by no later than November 9, 2021. Signed by Judge Emmet G. Sullivan on 10/11/2021. (lcegs2) (Entered: 10/11/2021)
2021-10-12Set/Reset Deadlines: Joint Status Report due by 11/9/2021 (mac) (Entered: 10/12/2021)
2021-10-2615NOTICE of Appearance by Malik Baker on behalf of NATIONAL SECURITY ARCHIVE (Baker, Malik) (Entered: 10/26/2021)
2021-11-0916Joint STATUS REPORT by NATIONAL SECURITY ARCHIVE. (Sobel, David) (Entered: 11/09/2021)
2021-12-03MINUTE ORDER. In view of 16 Joint Status Report, the parties shall file another joint status report by no later than January 10, 2022. In the event that counsel are unable to agree on a joint recommendation, each party shall file an individual recommendation by that time. Signed by Judge Emmet G. Sullivan on 12/3/2021. (lcegs1) (Entered: 12/03/2021)
2021-12-03ENTERED IN ERROR.....MINUTE ORDER. In view of 12 Joint Status Report, this case shall remain STAYED. If the parties have not already filed a stipulation of dismissal, they shall file another joint status report by no later than December 20, 2021, with recommendations for further proceedings. In the event that counsel are unable to agree on a joint recommendation, each party shall file an individual recommendation by that time. Signed by Judge Emmet G. Sullivan on 12/3/2021. (lcegs1) (Entered: 12/03/2021)
2021-12-06ENTERED IN ERROR.....Set/Reset Deadlines: Stipulation Or Joint Status Report due by 12/20/2021 (mac) (Entered: 12/06/2021)
2021-12-06Set/Reset Deadlines: Joint Status Report Or Party Individual Recommendation due by 1/10/2022 (mac) (Entered: 12/06/2021)
2021-12-06Case Stayed (mac) (Entered: 12/06/2021)
2022-01-0717Joint STATUS REPORT by NATIONAL SECURITY ARCHIVE. (Sobel, David) (Entered: 01/07/2022)
2022-01-10MINUTE ORDER. In view of 17 Joint Status Report, this case shall remain stayed and the parties shall file another joint status report by no later than March 11, 2022. Signed by Judge Emmet G. Sullivan on 1/10/2022. (lcegs2) (Entered: 01/10/2022)
2022-01-11Set/Reset Deadlines: Joint Status Report due by 3/11/2022 (mac) (Entered: 01/11/2022)
2022-03-1118Joint STATUS REPORT by DEPARTMENT OF STATE. (Peterson, Benton) (Entered: 03/11/2022)
2022-04-05MINUTE ORDER. In view of 18 Joint Status Report, this case shall remain stayed and the parties shall file another joint status report by no later than May 10, 2022. Signed by Judge Emmet G. Sullivan on 4/5/2022. (lcegs1) (Entered: 04/05/2022)
2022-04-05Set/Reset Deadlines: Joint Status Report due by 5/10/2022 (mac) (Entered: 04/05/2022)
2022-05-1019Joint STATUS REPORT by NATIONAL SECURITY ARCHIVE. (Sobel, David) (Entered: 05/10/2022)
2022-05-25MINUTE ORDER. Pursuant to 19 Joint Status Report, this case shall remain stayed and the parties shall file another joint status report by no later than July 11, 2022. Signed by Judge Emmet G. Sullivan on 5/25/2022. (lcegs1) (Entered: 05/25/2022)
2022-05-25Set/Reset Deadlines: Joint Status Report due by 7/11/2022 (mac) (Entered: 05/25/2022)
2022-07-1120Joint STATUS REPORT by DEPARTMENT OF STATE. (Peterson, Benton) (Entered: 07/11/2022)
2022-07-26MINUTE ORDER. Pursuant to 20 Joint Status Report, the parties shall submit another joint status report with recommendations for further proceedings by no later than September 12, 2022. Signed by Judge Emmet G. Sullivan on 7/26/2022. (lcegs1) (Entered: 07/26/2022)
2022-07-28Set/Reset Deadlines: Joint Status Report due by 9/12/2022 (mac) (Entered: 07/28/2022)
2022-10-20MINUTE ORDER. The parties failed to file the Joint Status Report that was due on September 12, 2022. The parties are ORDERED to file a joint status report by no later than November 3, 2022. Signed by Judge Emmet G. Sullivan on 10/20/2022. (lcegs1) (Entered: 10/20/2022)
2022-10-20Set/Reset Deadlines: Joint Status Report due by 11/3/2022 (mac) (Entered: 10/20/2022)
2022-11-0321Joint STATUS REPORT by NATIONAL SECURITY ARCHIVE. (Sobel, David) (Entered: 11/03/2022)
2022-11-04MINUTE ORDER. In view of 21 Joint Status Report, the parties shall submit a Joint Status Report with recommendations for further proceedings by no later than January 9, 2023. Signed by Judge Emmet G. Sullivan on 11/4/2022. (lcegs1) (Entered: 11/04/2022)
2022-11-07Set/Reset Deadlines: Joint Status Report due by 1/9/2023. (mac) (Entered: 11/07/2022)
2023-01-0922Joint STATUS REPORT by NATIONAL SECURITY ARCHIVE. (Sobel, David) (Entered: 01/09/2023)
2023-01-10MINUTE ORDER. In view of 22 Joint Status Report, the following deadlines shall govern this matter: (1) Defendant shall file its motion for summary judgment by no later than February 23, 2023; (2) Plaintiff shall file its opposition and cross-motion by no later than March 23, 2023; (3) Defendant shall file its reply and cross-opposition by no later than April 13, 2023; and (4) Plaintiff shall file its reply by no later than April 28, 2023. Signed by Judge Emmet G. Sullivan on 1/10/2023. (lcegs1) (Entered: 01/10/2023)
2023-01-17Set/Reset Deadlines: Defendant Motion For Summary Judgment due by 02/23/2023. Plaintiff Opposition And Cross-Motion due by 3/23/2023. Defendant Reply And Cross-Opposition due by 4/13/2023. Plaintiff Reply due by 04/28/2023. (mac) (Entered: 01/17/2023)
2023-01-2623NOTICE OF SUBSTITUTION OF COUNSEL by Fithawi Berhane on behalf of DEPARTMENT OF STATE Substituting for attorney Benton G. Peterson (Berhane, Fithawi) (Entered: 01/26/2023)
2023-02-2224STIPULATION of Dismissal by DEPARTMENT OF STATE. (Berhane, Fithawi) (Entered: 02/22/2023)
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