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Case TitleDONOGHUE v. NATIONAL ARCHIVES AND RECORDS ADMINISTRATION et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2023cv00157
Date Filed2023-01-17
Date Closed2024-09-23
JudgeJudge Tanya S. Chutkan
PlaintiffJAMES PATRICK DONOGHUE
DefendantNATIONAL ARCHIVES AND RECORDS ADMINISTRATION
DefendantCENTRAL INTELLIGENCE AGENCY
Documents
Docket
Complaint
Opinion/Order [36]
FOIA Project Annotation: Judge Tanya Chutkan has ruled that the National Archives and Records Administration and the CIA properly responded to FOIA requests from James Donoghue. Donoghue sent a request to NARA for records concerning an incident on a MARSEA supply vessel on which Donoghue, at age 17, was a merchant seaman. The incident involved Donoghue's ship returning from Jamaica to Louisiana when it ventured into Cuban territorial waters, resulting in American military intervention by the Carter Administration. NARA concluded that it did not have records, but that the Carter Presidential Library might have something. Donoghue responded by asking for a search of records from Alabama between 2006 and 2008. NARA responded that it did not possess state records, only federal records. Donoghue also requested records from the Carter Library, which told him that it would only have responsive records if they had been donated by someone else. Donoghue filed two more requests with NARA for his own records and received 97 pages constituting his military records. He then filed a FOIA request with the CIA for records concerning himself. The CIA told Donoghue that it had found no publicly acknowledged records about him. While Donoghue did not challenge the adequacy of the search for any of the requests, Chutkan's independent review convinced her that the searches were adequate. Finally, she also approved the CIA's Glomar response, neither confirming nor denying the existence of records.
Issues: Adequacy - Search
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2023-01-17Initiating Pleading & IFP Application Received on 01/17/2023. A copy of the docket sheet has been mailed to the address of record for the pro se party. (zljn) (Entered: 01/20/2023)
2023-01-171COMPLAINT against All Defendants filed by JAMES PATRICK DONOGHUE.(zljn) (Entered: 01/20/2023)
2023-01-172MOTION for Leave to Proceed in forma pauperis by JAMES PATRICK DONOGHUE. (zljn) (Entered: 01/20/2023)
2023-01-173MOTION for Leave to File by JAMES PATRICK DONOGHUE. (zljn) (Entered: 01/20/2023)
2023-01-244PRO SE ORDER directing within 30 days of this Order, unless an extension of time is granted, plaintiff to provide a six month trust fund prisoner account statement and failure to comply will result in dismissal of case. Plaintiff shall provide the requested information specific within this order. Pro Se party has been notified by first class mail. Signed by Judge Christopher R. Cooper on 01/24/2023. (zljn) (Entered: 01/25/2023)
2023-02-215RESPONSE TO ORDER OF THE COURT re 4 Pro Se Order Directing Prisoner Statement, filed by JAMES PATRICK DONOGHUE. (zljn) (Entered: 03/07/2023)
2023-02-216SECOND MOTION for Leave to Proceed in forma pauperis by JAMES PATRICK DONOGHUE. (zljn) (Entered: 03/07/2023)
2023-02-217THIRD MOTION for Leave to Proceed in forma pauperis by JAMES PATRICK DONOGHUE. (zljn) (Entered: 03/16/2023)
2023-02-218PRISONER TRUST FUND ACCOUNT STATEMENT for period of six months by JAMES PATRICK DONOGHUE (zljn) (Entered: 03/16/2023)
2023-03-209MOTION for case action summary/status inquiry by JAMES PATRICK DONOGHUE. (zljn) (Entered: 03/21/2023)
2023-04-1310ORDER directing an initial partial filing fee in the amount of $0 from Prison Account of JAMES PATRICK DONOHUE and granting 2 Motion for Leave to Proceed in forma pauperis; granting 3 Motion for Leave to File; denying as moot 6 Second Motion for Leave to Proceed in forma pauperis; denying as moot 7 third Motion for Leave to Proceed in forma pauperis; denying as moot 9 Motion for status inquiry (see order for full details). Pro Se party has been notified by first class mail. Signed by Judge Tanya S. Chutkan on 04/13/2023. (zljn) (Entered: 04/13/2023)
2023-04-13Case Assigned to Judge Tanya S. Chutkan. (zljn) (Entered: 04/13/2023)
2023-04-1711MOTION for Case Action Summary Status Inquiry by JAMES PATRICK DONOGHUE. (zjm) (Entered: 04/21/2023)
2023-04-25MINUTE ORDER: The court hereby DIRECTS the Clerk of Court to issue summonses for the National Archives and Records Administration, the Central Intelligence Agency, the Attorney General for the District of Columbia, and the United States Attorney for the District of Columbia, see Federal Rule of Civil Procedure 4(i), and to cause service to be effected by the United States Marshals Service, see 28 U.S.C. § 1915(d). Plaintiff's 11 Motion for Case Action Summary Status Inquiry is thus DENIED as moot. SO ORDERED. Signed by Judge Tanya S. Chutkan on 4/25/2023. (psu3) (Entered: 04/25/2023)
2023-05-0312SUMMONS (4) Issued as to All Defendants, U.S. Attorney and U.S. Attorney General sent to the U.S. Marshals Service. (zljn) (Entered: 05/03/2023)
2023-05-0913RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. NATIONAL ARCHIVES AND RECORDS ADMINISTRATION served on 5/8/2023 (zjm) (Entered: 05/10/2023)
2023-05-1714RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 05/11/2023., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 5/11/2023. (Entered: 05/17/2023)
2023-05-3015Summons Returned Unexecuted as to CENTRAL INTELLIGENCE AGENCY. (zjm) (Entered: 06/01/2023)
2023-06-0216SUMMONS (1) REISSUED as to CENTRAL INTELLIGENCE AGENCY, sent to the U.S. Marshals Service (zljn) (Entered: 06/02/2023)
2023-06-0717MOTION for Extension of Time to Respond to Complaint by CENTRAL INTELLIGENCE AGENCY, NATIONAL ARCHIVES AND RECORDS ADMINISTRATION. (Attachments: # 1 Text of Proposed Order)(Bardo, John) (Entered: 06/07/2023)
2023-06-08MINUTE ORDER: Defendants' 17 Motion for Extension of Time to Respond is hereby GRANTED. Defendants shall respond to Plaintiff's Complaint by July 12, 2023. Signed by Judge Tanya S. Chutkan on 06/08/2023. (lcss) (Entered: 06/08/2023)
2023-06-08Set/Reset Deadlines: Responses due by 7/12/2023. (nbn) (Entered: 06/08/2023)
2023-07-1218ANSWER to 1 Complaint with Exhibits by CENTRAL INTELLIGENCE AGENCY, NATIONAL ARCHIVES AND RECORDS ADMINISTRATION. (Attachments: # 1 Exhibit Exhibits 1-6)(Bardo, John) (Entered: 07/12/2023)
2023-07-13MINUTE ORDER: Before the Court in this FOIA case are the 1 Complaint, filed by an incarcerated Plaintiff, and Defendants' 18 Answer. The requirements of D.C. LCvR 16.3 and Federal Civil Rule 26(f) are therefore inapplicable. IT IS HEREBY ORDERED that, by August 11, 2023, Defendants shall file a Status Report that includes: the status of Plaintiff's FOIA requests, the anticipated number of documents responsive to Plaintiff's FOIA requests, the anticipated date(s) for release of the documents requested by Plaintiff, whether a Vaughn index will be required in this case, and any other pertinent issues. If appropriate, the Status Report shall also include a proposed briefing schedule for dispositive motions. The Clerk of the Court shall mail a copy of this order to Plaintiff at his current address of record. Signed by Judge Tanya S. Chutkan on 7/13/2023. (psu3) (Entered: 07/13/2023)
2023-07-14Set/Reset Deadlines/Hearings: Defendants' Status Report due by 8/11/2023. (zcdw) (Entered: 07/14/2023)
2023-08-0119MOTION for Extension of Time by JAMES PATRICK DONOGHUE. (zjm) (Entered: 08/02/2023)
2023-08-08MINUTE ORDER: Plaintiff has filed a 19 Motion for Enlargement of Time to file a Reply to Defendant's Answer. The court has not ordered Plaintiff to file a Reply to Defendant's Answer. See Fed. R. Civ. P. 12(a)(1)(C). However, given Plaintiff's request, and due to his incarceration, the court will GRANT his Motion and allow him leave to file such a response. Plaintiff shall file a combined Reply to the Answer and to Defendant's forthcoming Status Report by no later than September 8, 2023. Plaintiff's Reply shall not exceed 15 pages. SO ORDERED. Signed by Judge Tanya S. Chutkan on 8/8/2023. (psu3) (Entered: 08/08/2023)
2023-08-08Set/Reset Deadline: Plaintiff shall file a combined Reply to the Answer and to Defendant's forthcoming Status Report by no later than 9/8/2023. Plaintiff's Reply shall not exceed 15 pages. (jth) (Entered: 08/08/2023)
2023-08-1120STATUS REPORT by CENTRAL INTELLIGENCE AGENCY, NATIONAL ARCHIVES AND RECORDS ADMINISTRATION. (Bardo, John) (Entered: 08/11/2023)
2023-09-1121STATUS REPORT by CENTRAL INTELLIGENCE AGENCY, NATIONAL ARCHIVES AND RECORDS ADMINISTRATION. (Bardo, John) (Entered: 09/11/2023)
2023-09-1822RESPONSE re 18 Answer to Complaint filed by JAMES PATRICK DONOGHUE. (zjm) (Entered: 09/21/2023)
2023-10-1023MOTION for Order by JAMES PATRICK DONOGHUE. (zjm) (Entered: 10/24/2023)
2023-10-18MINUTE ORDER: Upon review of the parties' most recent Status Reports and Responses, see ECF Nos. 21, 22, the Court finds that a briefing schedule is now appropriate. See D.C. LCvR 16.3. It is hereby ORDERED that Defendant shall file its Motion for Summary Judgment by November 17, 2023. It is further ORDERED that Plaintiff shall file his Opposition and any Cross-Motion for Summary Judgment by December 18, 2023. Defendant shall file a Reply and Opposition by January 17, 2024. Plaintiff may file a Reply, if necessary, by February 16, 2024. SO ORDERED. Signed by Judge Tanya S. Chutkan on 10/18/2023. (psu3) (Entered: 10/18/2023)
2023-10-18Set/Reset Deadlines: Defendant Motion for Summary Judgment due November 17, 2023. Plaintiff Opposition/ Cross-Motion for Summary Judgment due December 18, 2023. Defendant Reply/Opposition due January 17, 2024. Plaintiff Reply due February 16, 2024. (ztl) (Entered: 11/13/2023)
2023-10-25MINUTE ORDER: Plaintiff has filed a 23 Motion for Order in which he: (1) represents that he has experienced hardships in receiving mail at his facility, and that he seeks an update regarding the status of his FOIA request and/or this case, and; (2) demands release of the documents sought in his FOIA request. The court hereby GRANTS IN PART Plaintiff's 23 Motion for Order, ONLY as to Plaintiff's request for an update regarding this case. Accordingly, the Clerk of Court is DIRECTED to mail, to Plaintiff at his address of record: (1) a copy of Defendant's most recent Status Report, ECF No. 21; (2) another copy of the court's Minute Order (dated Oct. 18, 2023 and containing the current briefing schedule), and; (3) a copy of this Minute Order. Plaintiff's 23 Motion for Order is otherwise DENIED without prejudice, including as to his request for Defendant's release of records, as that is the crux of this case, and shall be addressed through the parties' briefing of the forthcoming Motion for Summary Judgment. SO ORDERED. Signed by Judge Tanya S. Chutkan on 10/25/2023. (psu3) (Entered: 10/25/2023)
2023-11-1024MOTION for Extension of Time to file a Motion for Summary Judgment by CENTRAL INTELLIGENCE AGENCY, NATIONAL ARCHIVES AND RECORDS ADMINISTRATION. (Attachments: # 1 Text of Proposed Order)(Bardo, John) (Entered: 11/10/2023)
2023-11-13MINUTE ORDER: It is hereby ORDERED, for good cause shown, that Defendant's 24 Motion for Extension of Time to file a Motion for Summary Judgment is hereby GRANTED. It is further ORDERED that Defendant shall now file its Motion for Summary Judgment by December 18, 2023; Plaintiff shall file his Opposition and any Cross-Motion for Summary Judgment by January 17, 2024; Defendant shall file a Reply and Opposition by February 16, 2024; Plaintiff may file a Reply, if necessary, by March 18, 2024. SO ORDERED.Signed by Judge Tanya S. Chutkan on 11/13/2023. (psu3) (Entered: 11/13/2023)
2023-11-13Set/Reset Deadlines: Defendants Motion for Summary Judgment due by 12/18/2023; Plaintiffs Opposition/Cross-Motion for Summary Judgment due by 1/17/2024; Defendants Reply/Opposition to Cross-Motion due by 2/16/2024; Plaintiffs Reply due by 3/18/2024. (zed) (Entered: 11/15/2023)
2023-12-1825MOTION for Summary Judgment by CENTRAL INTELLIGENCE AGENCY, NATIONAL ARCHIVES AND RECORDS ADMINISTRATION. (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Declaration Ex. 1, Scanlon Decl., # 4 Exhibit Scanlon Decl. Attachments, # 5 Declaration Ex. 2, Williams Decl., # 6 Exhibit Williams Decl. Attachments, # 7 Text of Proposed Order, # 8 Certificate of Service)(Bardo, John) (Entered: 12/18/2023)
2023-12-2626ORDER DIRECTING Plaintiff to respond to to Defendants' 25 Motion for Summary Judgment by January 17, 2024, or risk that the court will treat Defendants' asserted facts as admitted and/or grant the Motion for Summary Judgment, without the benefit of Plainitff's input. The Clerk of Court is hereby DIRECTED to mail a copy of this Order to Plaintiff's current address of record. Signed by Judge Tanya S. Chutkan on 12/26/2023. (psu3) (Entered: 12/26/2023)
2024-02-0527RESPONSE re 25 MOTION for Summary Judgment filed by JAMES PATRICK DONOGHUE. (Attachment: # 1 Exhibit)(zjm) (Entered: 02/08/2024)
2024-02-1328MOTION for Extension of Time to File a Reply Brief by CENTRAL INTELLIGENCE AGENCY, NATIONAL ARCHIVES AND RECORDS ADMINISTRATION. (Attachments: # 1 Text of Proposed Order)(Bardo, John) (Entered: 02/13/2024)
2024-02-13MINUTE ORDER: Defendants' 28 Motion for Extension of Time to File a Reply is hereby GRANTED for good cause shown. Defendants shall file their Reply in response to Plaintiff's 27 Opposition by no later than March 18, 2024. SO ORDERED. Signed by Judge Tanya S. Chutkan on 2/13/2024. (psu3) (Entered: 02/13/2024)
2024-02-13Set/Reset Deadlines: Defendants reply due by 3/18/2024. (zcll) (Entered: 02/13/2024)
2024-03-1829REPLY to opposition to motion re 25 MOTION for Summary Judgment filed by CENTRAL INTELLIGENCE AGENCY, NATIONAL ARCHIVES AND RECORDS ADMINISTRATION. (Bardo, John) (Entered: 03/18/2024)
2024-04-1530MOTION of Inquiry by JAMES PATRICK DONOGHUE. (zjm) (Entered: 04/19/2024)
2024-04-22MINUTE ORDER: Plaintiff has filed a 30 Motion for Inquiry, in which he indicates that he has not yet received a copy of Defendants' 29 Reply to his Opposition to the Motion for Summary Judgment. Plaintiff's 30 Motion is thus GRANTED to the extent that he seeks a courtesy copy of Defendants' 29 Reply, and the Clerk of Court is hereby DIRECTED to mail a courtesy copy of that Reply, ECF No. 29, as well as a copy of the docket sheet and this Minute Order, to Plaintiff at his current address of record. At this time, the court does not require any additional briefing from Plaintiff or Defendants. SO ORDERED. Signed by Judge Tanya S. Chutkan on 4/22/2024. (psu3) (Entered: 04/22/2024)
2024-05-0231Cross MOTION for Summary Judgment by JAMES PATRICK DONOGHUE. (zjm) (Entered: 05/14/2024)
2024-05-14MINUTE ORDER: Plaintiff has now filed a 31 Cross-Motion for Summary Judgment, on May 2, 2024, over three months beyond his given deadline. Plaintiff asserts that he has filed this Cross-Motion late because he has yet to receive a copy of Defendant's 29 Reply to his 27 Opposition to the Motion for Summary Judgment. That justification, however, is without merit, because Plaintiff's deadline to file his Cross-Motion for Summary Judgment predated Defendant's deadline to file any Reply. Indeed, Plaintiff asserts that he received a copy of Defendant's Motion for Summary Judgment, which is the extent of the briefing that would have been available to him prior to filing his Opposition and any Cross-Motion for Summary Judgment. Notwithstanding, given Plaintiff's incarceration and his pro se status, the court will accept and consider his late-filed Cross-Motion for Summary Judgment. Defendant may file an opposition to Plaintiff's Cross-Motion for Summary Judgment by June 13, 2024, and Plaintiff may file a reply by July 21, 2024. Thereafter, the court will accept no further briefing from either party without leave. The Clerk of Court is hereby DIRECTED to mail another courtesy copy of Defendant's Reply, ECF No. 29, as well as an updated copy of the docket sheet and this Minute Order, to Plaintiff at his current address of record. SO ORDERED. Signed by Judge Tanya S. Chutkan on 5/14/2024. (psu3) (Entered: 05/14/2024)
2024-05-17Set/Reset Deadlines: Response to Cross Motions due by 6/13/2024. Reply to Cross Motions due by 7/21/2024. (zed) (Entered: 05/17/2024)
2024-06-0333MOTION for Case Action Summary by JAMES PATRICK DONOGHUE. (zjm) (Entered: 06/13/2024)
2024-06-1132MOTION for Extension of Time to File an Opposition by CENTRAL INTELLIGENCE AGENCY, NATIONAL ARCHIVES AND RECORDS ADMINISTRATION. (Attachments: # 1 Text of Proposed Order, # 2 Certificate of Service)(Bardo, John) (Entered: 06/11/2024)
2024-06-12MINUTE ORDER: Upon review, and for good cause shown, Defendants' 32 Motion for Extension to Enlarge Briefing Schedule is hereby GRANTED. Defendant shall file an Opposition to Plaintiff's 31 Cross-Motion for Summary Judgment by July 15, 2024; Plaintiff may file a Reply by August 20, 2024. Signed by Judge Tanya S. Chutkan on 6/12/2024. (psu3) (Entered: 06/12/2024)
2024-06-13Set/Reset Deadlines: Deadlines set. (zcll) (Entered: 06/13/2024)
2024-06-17MINUTE ORDER: Plaintiff's 33 Motion for Case Action Summary is GRANTED only to the extent that the Clerk of Court is hereby DIRECTED to mail Plaintiff an updated copy of the docket sheet to his address of record. The remainder of Plaintiff's concerns were already addressed by the court's Minute Orders (dated 4/22/24, 5/14/24, and 6/12/24), rendering the remainder of his Motion moot. SO ORDERED. Signed by Judge Tanya S. Chutkan on 6/17/2024. (psu3) (Entered: 06/17/2024)
2024-07-1534Memorandum in opposition to re 31 Motion for Summary Judgment filed by CENTRAL INTELLIGENCE AGENCY, NATIONAL ARCHIVES AND RECORDS ADMINISTRATION. (Attachments: # 1 Text of Proposed Order)(Bardo, John) (Entered: 07/15/2024)
2024-08-2635REPLY to opposition to motion re 31 MOTION for Summary Judgment filed by JAMES PATRICK DONOGHUE. (Attachments: # 1 Exhibit)(zdp) (Entered: 08/29/2024)
2024-09-2336MEMORANDUM OPINION GRANTING Defendants' 25 Motion for Summary Judgment; DENYING Plaintiff's 31 Cross-Motion for Summary Judgment. An accompanying 37 Order is issued contemporaneously. Signed by Judge Tanya S. Chutkan on 9/23/2024. (psu3) (Entered: 09/23/2024)
2024-09-2337ORDER, in accordance with the accompanying 36 Memorandum Opinion, GRANTING Defendants' 25 Motion for Summary Judgment; DENYING Plaintiff's 31 Cross-Motion for Summary Judgment. Signed by Judge Tanya S. Chutkan on 9/23/2024. (psu3) (Entered: 09/23/2024)
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