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Case TitleCATO INSTITUTE v. FEDERAL BUREAU OF INVESTIGATION et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2021cv01054
Date Filed2021-04-15
Date ClosedOpen
JudgeJudge Randolph D. Moss
PlaintiffCATO INSTITUTE
Case DescriptionThe Cato Institute submitted FOIA requests to the FBI and the Department of Justice for records concerning all Type 1, Type 2 and Type 3 FBI Assessments (as defined in the Domestic Investigations and Operations Guide) opened since September 29, 2008. The agency acknowledged receipt of the request. The agency told the Cato Institute that the request was too broad to be searched and then closed the request. The Cato Institute filed an administrative appeal. The Cato Institute then submitted a second FOIA request with more specific search terms. The agency denied the Cato Institute's appeal. The Cato Institute then 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
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2021-04-151COMPLAINT against FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE ( Filing fee $ 402 receipt number ADCDC-8378851) filed by CATO INSTITUTE. (Attachments: # 1 Exhibit A-E, # 2 Civil Cover Sheet, # 3 Summons)(Burday, Joshua) (Entered: 04/15/2021)
2021-04-152NOTICE of Appearance by Joshua Hart Burday on behalf of CATO INSTITUTE (Burday, Joshua) (Entered: 04/15/2021)
2021-04-153ENTERED IN ERROR.....NOTICE of Appearance by Matthew Topic on behalf of CATO INSTITUTE (Topic, Matthew) Modified on 4/19/2021 (adh, ). (Entered: 04/15/2021)
2021-04-164NOTICE of Appearance by Matthew Topic on behalf of CATO INSTITUTE (Topic, Matthew) (Entered: 04/16/2021)
2021-04-16Case Assigned to Judge Randolph D. Moss. (znmg) (Entered: 04/16/2021)
2021-04-165SUMMONS (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)(znmg) (Entered: 04/16/2021)
2021-04-186STANDING ORDER: It is hereby ORDERED that the parties shall comply with the directives set forth in the attached Standing Order. See document for details. Signed by Judge Randolph D. Moss on 4/18/2021. (lcrdm2) (Entered: 04/18/2021)
2021-05-207RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 05/03/2021. (Burday, Joshua) (Entered: 05/20/2021)
2021-05-208RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 5/3/2021. Answer due for ALL FEDERAL DEFENDANTS by 6/2/2021. (Burday, Joshua) (Entered: 05/20/2021)
2021-05-209RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF JUSTICE served on 5/3/2021 (Burday, Joshua) (Entered: 05/20/2021)
2021-05-2010RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. FEDERAL BUREAU OF INVESTIGATION served on 5/3/2021 (Burday, Joshua) (Entered: 05/20/2021)
2021-06-0211ANSWER to Complaint by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE.(Tilghman, Michael) (Entered: 06/02/2021)
2021-06-03MINUTE ORDER: It is hereby ORDERED that, on or before July 6, 2021, the parties shall confer and file a joint status report addressing (1) any documents still to be produced pursuant to FOIA; (2) an anticipated schedule for processing and producing any such documents; and (3) any substantive areas of disagreement between the parties. It is further ORDERED that the parties shall appear telephonically for an Initial Scheduling Conference on July 13, 2021, at 10:15 a.m. The Courtroom Deputy Clerk will provide the necessary dial-in information. Signed by Judge Randolph D. Moss on 6/3/2021. (lcrdm2) (Entered: 06/03/2021)
2021-07-0612Joint STATUS REPORT by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE. (Tilghman, Michael) (Entered: 07/06/2021)
2021-07-13Minute Entry for proceedings held before Judge Randolph D. Moss: Telephonic Initial Scheduling Conference held on 7/13/2021. For the reasons stated on the record, the parties shall file a Joint Status Report by 8/13/2021. (Court Reporter: Nancy Meyer.) (kt) (Entered: 07/13/2021)
2021-08-1313Joint STATUS REPORT by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE. (Tilghman, Michael) (Entered: 08/13/2021)
2021-08-13MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 13 , it is hereby ORDERED that the parties shall file another joint status report on or before September 13, 2021. Signed by Judge Randolph D. Moss on 8/13/2021. (lcrdm2) (Entered: 08/13/2021)
2021-09-1314Joint STATUS REPORT by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE. (Tilghman, Michael) (Entered: 09/13/2021)
2021-09-15MINUTE ORDER: Upon consideration of the partie' joint status report, Dkt. 14 , it is hereby ORDERED that the parties shall file a further status report on or before October 13, 2021, providing a proposal for further proceedings. Signed by Judge Randolph D. Moss on 09/15/2021. (lcrdm2) (Entered: 09/15/2021)
2021-10-1315Joint STATUS REPORT by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE. (Tilghman, Michael) (Entered: 10/13/2021)
2021-10-18MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 15 , it is hereby ORDERED that the parties shall file a further joint status report on or before November 12, 2021. Signed by Judge Randolph D. Moss on 10/18/2021. (lcrdm2) (Entered: 10/18/2021)
2021-11-1216Joint STATUS REPORT by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE. (Tilghman, Michael) (Entered: 11/12/2021)
2021-11-19MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 16 , it is hereby ORDERED that Plaintiff shall file a notice (as required by the Court's standing order 6 ) setting forth the basis for its anticipated motion for summary judgment on or before November 22, 2021, and Defendant shall submit a notice (as required by the Court's standing order 6 ) setting forth its intended response on or before November 29, 2021. It is further ORDERED that the parties shall appear telephonically for a pre-motions conference on December 3, 2021, at 10:30 a.m. The parties are directed to use the same dial-in information previously provided. Signed by Judge Randolph D. Moss on 11/19/2021. (lcrdm2) (Entered: 11/19/2021)
2021-11-22Set/Reset Deadlines: Notice due by 11/29/2021. (kt) (Entered: 11/22/2021)
2021-11-2317MOTION for Leave to File Notice of Issues for Summary Judgment Instanter by CATO INSTITUTE. (Attachments: # 1 Exhibit A)(Burday, Joshua) (Entered: 11/23/2021)
2021-11-24MINUTE ORDER: Upon consideration of Defendant's motion for leave to file notice of issues for summary judgment, Dkt. 17 , it is hereby ORDERED that the motion is GRANTED, and the notice is deemed FILED. Signed by Judge Randolph D. Moss on 11/24/2021. (lcrdm2) (Entered: 11/24/2021)
2021-11-2419NOTICE of Issues for Summary Judgment by CATO INSTITUTE (znmw) (Entered: 12/02/2021)
2021-11-2918NOTICE of Defendants' Intended Response to Plaintiff's Motion for Summary Judgment by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE (Attachments: # 1 Exhibit A)(Tilghman, Michael) (Entered: 11/29/2021)
2021-12-03Minute Entry for proceedings held before Judge Randolph D. Moss: Telephonic Pre-motion Conference held on 12/3/2021. Defendant's Summary Judgment Motion due by 3/18/2022; Plaintiff's Response to Motion for Summary Judgment and Cross Motion due by 4/18/2022; Defendant's Reply to Motion for Summary Judgment and Response to Cross Motion due by 5/18/2022; Plaintiff's Reply to Cross Motion due by 6/15/2022. (Court Reporter Jeff Hook.) (kt) (Entered: 12/03/2021)
2022-01-2120MOTION to Withdraw as Attorney by CATO INSTITUTE. (Attachments: # 1 Text of Proposed Order)(Topic, Matthew) (Entered: 01/21/2022)
2022-03-08MINUTE ORDER: Upon consideration of Plaintiff's motion to withdraw the appearance of Joshua Burday, Dkt. 20 , it is hereby ORDERED that the motion is GRANTED. The Clerk of the Court is directed to withdraw the appearance of Joshua Burday on behalf of Plaintiff. Signed by Judge Randolph D. Moss on 3/8/2022. (lcrdm2) (Entered: 03/08/2022)
2022-03-1821MOTION for Summary Judgment by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Memorandum in Support, # 2 Statement of Undisputed Material Facts, # 3 Declaration with Exhibits, # 4 Text of Proposed Order)(znmw) (Entered: 03/21/2022)
2022-04-1822Cross MOTION for Summary Judgment by CATO INSTITUTE. (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Statement of Facts Response to SOF, # 4 Exhibit A, # 5 Exhibit B, # 6 Exhibit C, # 7 Exhibit D, # 8 Exhibit E, # 9 Exhibit F, # 10 Exhibit G, # 11 Exhibit H, # 12 Exhibit I, # 13 Exhibit J, # 14 Exhibit K, # 15 Exhibit L, # 16 Text of Proposed Order)(Topic, Matthew) (Entered: 04/18/2022)
2022-04-1823Memorandum in opposition to re 21 MOTION for Summary Judgment filed by CATO INSTITUTE. (Attachments: # 1 Statement of Facts, # 2 Statement of Facts Response to SOF, # 3 Exhibit A, # 4 Exhibit B, # 5 Exhibit C, # 6 Exhibit D, # 7 Exhibit E, # 8 Exhibit F, # 9 Exhibit G, # 10 Exhibit H, # 11 Exhibit I, # 12 Exhibit J, # 13 Exhibit K, # 14 Exhibit L, # 15 Text of Proposed Order)(Topic, Matthew) (Entered: 04/18/2022)
2022-05-1024NOTICE of Appearance by Dedra Seibel Curteman on behalf of All Defendants (Curteman, Dedra) (Entered: 05/10/2022)
2022-05-1025Consent MOTION for Extension of Time to Complete Summary Judgment Motions Briefing by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order)(Curteman, Dedra) (Entered: 05/10/2022)
2022-05-10MINUTE ORDER: Upon consideration of Defendants' consent motion for extension of time, Dkt. 25 , it is hereby ORDERED that the motion is GRANTED. It is further ORDERED that Defendants' reply in support of their motion for summary judgment and opposition to Plaintiff's cross-motion for summary judgment shall be due on or before June 17, 2022, and Plaintiff's reply shall be due on or before July 25, 2022. Signed by Judge Randolph D. Moss on 5/10/2022. (lcrdm2) (Entered: 05/10/2022)
2022-06-1526Consent MOTION for Extension of Time to File Response/Reply as to 21 MOTION for Summary Judgment by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order)(Curteman, Dedra) (Entered: 06/15/2022)
2022-06-21MINUTE ORDER: Upon consideration of Defendants' consent motion for extension of time, Dkt. 26 , it is hereby ORDERED that Defendants' motion is GRANTED. It is further ORDERED that (1) Defendants shall file their reply in support of their motion for summary judgment and opposition to Plaintiffs cross motion on or before July 18, 2022 and (2) Plaintiff shall file its reply on or before August 24, 2022. Signed by Judge Randolph D. Moss on 6/21/2022. (lcrdm2) (Entered: 06/21/2022)
2022-07-0527NOTICE OF WITHDRAWAL OF APPEARANCE as to FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE. Attorney Dedra Seibel Curteman terminated. (Curteman, Dedra) (Entered: 07/05/2022)
2022-07-1828REPLY to opposition to motion re 21 MOTION for Summary Judgment filed by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Tilghman, Michael) (Entered: 07/18/2022)
2022-07-1829Memorandum in opposition to re 22 Cross MOTION for Summary Judgment filed by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Defendants' Response to Plaintiff's Additional Undisputed Facts, # 4 Text of Proposed Order)(Tilghman, Michael) (Entered: 07/18/2022)
2022-08-2430REPLY to opposition to motion re 22 Cross MOTION for Summary Judgment filed by CATO INSTITUTE. (Topic, Matthew) (Entered: 08/24/2022)
2022-09-1231NOTICE OF SUBSTITUTION OF COUNSEL by Benton Gregory Peterson on behalf of FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE Substituting for attorney Michael Tilghman (Peterson, Benton) (Entered: 09/12/2022)
2023-03-07MINUTE ORDER: In light of the pending cross motions for summary judgment, Dkts. 21 , 22 , it is hereby ORDERED that the parties shall appear for a hearing on those motions on Thursday, March 16, 2023, at 10:00 a.m., via Zoom. Signed by Judge Randolph D. Moss on 3/7/2023. (lcrdm2) (Entered: 03/07/2023)
2023-03-0732NOTICE OF SUBSTITUTION OF COUNSEL by Fithawi Berhane on behalf of FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE Substituting for attorney Benton Peterson (Berhane, Fithawi) (Entered: 03/07/2023)
2023-03-1633NOTICE of Appearance by Joshua Loevy on behalf of CATO INSTITUTE (Loevy, Joshua) (Entered: 03/16/2023)
2023-03-16Minute Entry for proceedings held before Judge Randolph D. Moss: Motion Hearing held on 3/16/2023 re 21 MOTION for Summary Judgment filed by U.S. DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF INVESTIGATION, 22 Cross MOTION for Summary Judgment filed by CATO INSTITUTE. Case stayed. Joint Status Report due on or before 4/7/2023. (Court Reporter Jeff Hook.) (zglw) (Entered: 03/16/2023)
2023-03-2934TRANSCRIPT OF MOTION HEARING before Judge Randolph D. Moss held on March 16, 2023. Page Numbers: 1 - 45. Date of Issuance: March 29, 2023. Court Reporter: Jeff Hook. Telephone number 202-354-3373. 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 transcript 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 4/19/2023. Redacted Transcript Deadline set for 4/29/2023. Release of Transcript Restriction set for 6/27/2023.(Hook, Jeff) (Entered: 03/29/2023)
2023-04-0735Joint STATUS REPORT by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE. (Berhane, Fithawi) (Entered: 04/07/2023)
2023-04-07MINUTE ORDER: In light of the parties' Joint Status Report, Dkt. 35 , it is hereby ORDERED that the parties shall file a further joint status report on or before June 6, 2023. Signed by Judge Randolph D. Moss on 4/7/2023. (lcrdm2) (Entered: 04/07/2023)
2023-06-0636Joint STATUS REPORT by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE. (Berhane, Fithawi) (Entered: 06/06/2023)
2023-06-09MINUTE ORDER: In light of the parties' joint status report, Dkt. 36 , it is hereby ORDERED that the parties shall file a further joint status report on or before September 4, 2023. Signed by Judge Randolph D. Moss on 6/9/2023. (lcrdm2) (Entered: 06/09/2023)
2023-09-0537Joint STATUS REPORT by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE. (Berhane, Fithawi) (Entered: 09/05/2023)
2023-09-06MINUTE ORDER: Upon consideration of the parties' Joint Status Report, Dkt. 37 , it is hereby ORDERED that the parties shall file a further joint status report on or before November 6, 2023. Signed by Judge Randolph D. Moss on 9/6/23. (lcrdm2) (Entered: 09/06/2023)
2023-11-0638Joint STATUS REPORT by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE. (Berhane, Fithawi) (Entered: 11/06/2023)
2023-11-07MINUTE ORDER: Upon consideration of the parties' Joint Status Report, Dkt. 38 , it is hereby ORDERED that the parties shall file a further joint status report on or before January 22, 2024. Signed by Judge Randolph D. Moss on 11/7/23. (lcrdm2) (Entered: 11/07/2023)
2024-01-2239Joint STATUS REPORT by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE. (Berhane, Fithawi) (Entered: 01/22/2024)
2024-01-23MINUTE ORDER: Upon consideration of the parties' Joint Status Report, Dkt. 39 , it is hereby ORDERED that the parties shall submit a further joint status report on or before March 22, 2024. Signed by Judge Randolph D. Moss on 1/23/24. (lcrdm2) (Entered: 01/23/2024)
2024-03-2240NOTICE of Appearance by Merrick Jason Wayne on behalf of CATO INSTITUTE (Wayne, Merrick) (Entered: 03/22/2024)
2024-03-2241Joint STATUS REPORT by CATO INSTITUTE. (Wayne, Merrick) (Entered: 03/22/2024)
2024-03-24MINUTE ORDER: Upon consideration of the parties' Joint Status Report, Dkt. 41 , it is hereby ORDERED that the parties shall submit a further joint status report on or before May 27, 2024. Signed by Judge Randolph D. Moss on 3/24/24. (lcrdm2) (Entered: 03/24/2024)
2024-04-15Set/Reset Deadlines: Joint Status Report due by 5/27/2024. (zgf) (Entered: 04/15/2024)
2024-05-2842Joint STATUS REPORT by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE. (Berhane, Fithawi) (Entered: 05/28/2024)
2024-05-31MINUTE ORDER: Upon consideration of the parties' Joint Status Report, Dkt. 42 , it is hereby ORDERED that the parties shall submit a further joint status report on or before July 29, 2024. Signed by Judge Randolph D. Moss on 5/31/24. (lcrdm2) (Entered: 05/31/2024)
2024-07-2943Joint STATUS REPORT by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE. (Berhane, Fithawi) (Entered: 07/29/2024)
2024-07-30MINUTE ORDER: Upon consideration of the parties' Joint Status Report, Dkt. 43 , it is hereby ORDERED that the parties shall submit a further joint status report on or before September 30, 2024. Signed by Judge Randolph D. Moss on 7/30/24. (lcrdm2) (Entered: 07/30/2024)
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