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Case TitleAmerica First Legal Foundation v. Cybersecurity and Infrastructure Security Agency
DistrictEastern District of Virginia
CityAlexandria
Case Number1:2022cv01255
Date Filed2022-11-04
Date ClosedOpen
JudgeDistrict Judge Rossie D. Alston, Jr
PlaintiffAmerica First Legal Foundation
Case DescriptionAmerica First Legal Foundation submitted a FOIA request to the Cybersecurity and Infrastructure Agency for records concerning how its mis- or dis-information team causes content to be removed from social media. AFL also requested a fee waiver. The agency acknowledged receipt of the request and granted AFL's request for a fee waiver. The parties also agreed to narrow the scope of the request. However, after hearing nothing further from the agency, AFL filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Vaughn index, Litigation - Attorney's fees

DefendantCybersecurity and Infrastructure Security Agency
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

2022-11-041COMPLAINT against Cybersecurity and Infrastructure Security Agency, filed by America First Legal Foundation. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D)(Block, Andrew) (Entered: 11/04/2022)
2022-11-042Proposed Summons by America First Legal Foundation. (Block, Andrew) (Main Document 2 replaced on 11/7/2022) (dvanm, ). (Entered: 11/04/2022)
2022-11-04Initial Case Assignment to District Judge Rossie D. Alston, Jr and Magistrate Judge William E. Fitzpatrick. (dvanm) (Entered: 11/07/2022)
2022-11-073First Motion to appear Pro Hac Vice by Michael Ding and Certification of Local Counsel Andrew Block Filing fee $ 75. by America First Legal Foundation. (Block, Andrew) (Entered: 11/07/2022)
2022-11-07Electronic Fee Payment - by America First Legal Foundation. Filing fee $ 402, receipt number AVAEDC-8648267.. (Block, Andrew) (Entered: 11/07/2022)
2022-11-074Financial Interest Disclosure Statement (Local Rule 7.1) by America First Legal Foundation. (Block, Andrew) (Entered: 11/07/2022)
2022-11-07Notice of Correction re 2 Proposed Summons. The filing user has been notified that the proposed summon is an incorrectly saved PDF fillable form and has been removed. The filing user was directed to refile the document. (dvanm) (Entered: 11/09/2022)
2022-11-095Proposed Summons by America First Legal Foundation. (Block, Andrew) (Entered: 11/09/2022)
2022-11-096ORDER granting 3 Motion for Pro hac vice Appointed Michael Chao Ding for America First Legal Foundation. Signed by District Judge Rossie D. Alston, Jr on 11/9/2022. (nneb) (Entered: 11/09/2022)
2022-11-107Summons Issued as to Cybersecurity and Infrastructure Security Agency, U.S. Attorney and U.S. Attorney General. NOTICE TO ATTORNEY: Please remove the headers and print two duplexed copies of the electronically issued summons for each Defendant. Please serve one copy of the summons and a copy of the Complaint upon each Defendant. Please ensure that your process server returns the service copy (executed or unexecuted) to your attention and electronically file it using the filing events, Summons Returned Executed as to USA or Summons Returned Unexecuted as to USA. (dvanm, ) (Entered: 11/10/2022)
2022-11-188SUMMONS Returned Executed by America First Legal Foundation. America First Legal Foundation served on 11/14/2022, answer due 1/13/2023. (Attachments: # 1 Exhibit)(Block, Andrew) (Entered: 11/18/2022)
2022-12-129ANSWER to 1 Complaint by Cybersecurity and Infrastructure Security Agency.(Chan, Hugham) (Entered: 12/12/2022)
2022-12-1210NOTICE of Appearance by Hugham Chan on behalf of Cybersecurity and Infrastructure Security Agency (Chan, Hugham) (Entered: 12/12/2022)
2023-01-0411ORDERED that the parties submit a joint status report that includes the parties' positions on whether discovery is necessary by January 18, 2023; and it is FURTHER ORDERED that if the parties determine that discovery is not necessary, then the parties shall submit a proposed summary judgement briefing schedule by January 18, 2023. Signed by District Judge Rossie D. Alston, Jr on 1/4/2023. (dvanm) (Entered: 01/04/2023)
2023-01-1812NOTICE by Cybersecurity and Infrastructure Security Agency re 11 Order, Joint Status Report (Chan, Hugham) (Entered: 01/18/2023)
2023-01-2513ORDERED that this matter is STAYED until further Order of this Court; and it is FURTHER ORDERED that while this matter is stayed, the parties shall file status reports with this Court every sixty (60) days, beginning on March 17, 2023. Signed by District Judge Rossie D. Alston, Jr on 01/25/2023. (dvanm) (Entered: 01/25/2023)
2023-01-3114ORDERED that the parties shall submit concurrent or joint briefing on or before February 8, 2023, that addresses the following issues: (1) Given the current posture of the case, what is the Courts authority to issue such an order; (2) What standard of proof should the Court apply in resolving this dispute; (3) Which party bears the burden of proof; and (4) What specific facts are the parties relying upon in support of their respective positions. IT IS FURTHER ORDERED that the parties shall appear for a hearing of their request on February 10, 2023, at 10:00 a.m. before the undersigned. (see Order for complete details) Signed by Magistrate Judge William E. Fitzpatrick on 1/31/23. (tfitz, ) (Entered: 02/01/2023)
2023-01-31Set/Reset Hearings: Status Conference set for 2/10/2023 at 10:00 AM in Alexandria Courtroom 500 before Magistrate Judge William E. Fitzpatrick. (tfitz, ) (Entered: 02/01/2023)
2023-02-0315NOTICE by Cybersecurity and Infrastructure Security Agency re 14 Order,, Joint Briefing Pursuant to Court Order (Chan, Hugham) (Entered: 02/03/2023)
2023-02-0316Upon consideration of the parties' Joint Briefing Pursuant to Court Order, and for good cause show, it is hereby ORDERED that the February 10, 2023 hearing is VACATED; and it is further ORDERED that the Defendant shall process 350 pages of potentially responsive information to the Plaintiffs FOIA request, and make a first interim production of records to the Plaintiff, by no later than February 28, 2023; and it is further ORDERED that the Defendant shall thereafter process no fewer than 400 pages of potentially responsive information to the Plaintiffs FOIA request, and make rolling productions of records to the Plaintiff, by no later than the end of each month.. Signed by Magistrate Judge William E. Fitzpatrick on 2/3/23. (tfitz, ) (Entered: 02/03/2023)
2023-03-1517STATUS REPORT (Joint) by Cybersecurity and Infrastructure Security Agency. (Chan, Hugham) (Entered: 03/15/2023)
2023-05-1618STATUS REPORT (Joint) by Cybersecurity and Infrastructure Security Agency. (Chan, Hugham) (Entered: 05/16/2023)
2023-07-1319STATUS REPORT (Joint) by Cybersecurity and Infrastructure Security Agency. (Chan, Hugham) (Entered: 07/13/2023)
2023-09-1320STATUS REPORT (Joint) by Cybersecurity and Infrastructure Security Agency. (Chan, Hugham) (Entered: 09/13/2023)
2023-11-0921STATUS REPORT (Joint) by Cybersecurity and Infrastructure Security Agency. (Chan, Hugham) (Entered: 11/09/2023)
2024-01-1022STATUS REPORT (Joint) by Cybersecurity and Infrastructure Security Agency. (Chan, Hugham) (Entered: 01/10/2024)
2024-03-0823STATUS REPORT (Joint) by Cybersecurity and Infrastructure Security Agency. (Chan, Hugham) (Entered: 03/08/2024)
2024-05-0924STATUS REPORT (Joint) by Cybersecurity and Infrastructure Security Agency. (Chan, Hugham) (Entered: 05/09/2024)
2024-07-0925STATUS REPORT (Joint) by Cybersecurity and Infrastructure Security Agency. (Chan, Hugham) (Entered: 07/09/2024)
2024-09-0926NOTICE of Appearance by Peter B. Baumhart on behalf of Cybersecurity and Infrastructure Security Agency (Baumhart, Peter) (Entered: 09/09/2024)
2024-09-0927STATUS REPORT (Joint) by Cybersecurity and Infrastructure Security Agency. (Baumhart, Peter) (Entered: 09/09/2024)
2024-11-0828STATUS REPORT (Joint) by Cybersecurity and Infrastructure Security Agency. (Baumhart, Peter) (Entered: 11/08/2024)
2025-01-0729STATUS REPORT (Joint) by Cybersecurity and Infrastructure Security Agency. (Baumhart, Peter) (Entered: 01/07/2025)
2025-03-1030STATUS REPORT (Joint) by Cybersecurity and Infrastructure Security Agency. (Baumhart, Peter) (Entered: 03/10/2025)
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