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Case TitleWHITNEY v. NATIONAL ARCHIVES AND RECORDS ADMINISTRATION et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2023cv01894
Date Filed2023-06-29
Date ClosedOpen
JudgeJudge Tanya S. Chutkan
PlaintiffJOEL WHITNEY
Case DescriptionJoel Whitney, a journalist and author, submitted a FOIA request to the National Archives and Records Administration for records concerning Italian publisher Giangiacomo Feltrinelli for records maintained under file number 105-HQ-75699. The agency acknowledged receipt of the request and indicated the file contained about 200 pages which would take 39 months to process because of their backlog. Whitney also submitted a FOIA to the CIA for records concerning Feltrinelli. The agency acknowledged receipt of the request. After hearing nothing further from either agency, Whitney filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees, Adequacy - Search

DefendantNATIONAL ARCHIVES AND RECORDS ADMINISTRATION
DefendantCENTRAL INTELLIGENCE AGENCY Litigation Division, Office of General Counsel
DefendantCENTRAL INTELLIGENCE AGENCY
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2023-06-291COMPLAINT against CENTRAL INTELLIGENCE AGENCY, NATIONAL ARCHIVES AND RECORDS ADMINISTRATION ( Filing fee $ 402 receipt number ADCDC-10173916) filed by JOEL WHITNEY. (Attachments: # 1 Exhibit 1-6, # 2 Civil Cover Sheet, # 3 Summons)(Topic, Matthew) (Entered: 06/29/2023)
2023-06-292NOTICE of Appearance by Matthew Topic on behalf of JOEL WHITNEY (Topic, Matthew) (Entered: 06/29/2023)
2023-06-293SEALED DOCUMENT filed by JOEL WHITNEY(This document is SEALED and only available to authorized persons.)(Topic, Matthew) (Entered: 06/29/2023)
2023-06-30Case Assigned to Judge Tanya S. Chutkan. (zrtw) (Entered: 06/30/2023)
2023-06-304SUMMONS (4) Issued Electronically as to CENTRAL INTELLIGENCE AGENCY, NATIONAL ARCHIVES AND RECORDS ADMINISTRATION, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(zrtw) (Entered: 06/30/2023)
2023-07-245NOTICE of Appearance by B. Kathryn Debrason on behalf of CENTRAL INTELLIGENCE AGENCY, NATIONAL ARCHIVES AND RECORDS ADMINISTRATION (Debrason, B. Kathryn) (Entered: 07/24/2023)
2023-07-316MOTION for Extension of Time to Respond to Complaint by CENTRAL INTELLIGENCE AGENCY, NATIONAL ARCHIVES AND RECORDS ADMINISTRATION. (Debrason, B. Kathryn) (Entered: 07/31/2023)
2023-08-01MINUTE ORDER: Defendants' 6 Unopposed Motion for Extension of Time is hereby GRANTED. Defendants shall have through and including August 30, 2023, to respond to the Complaint in this action. Signed by Judge Tanya S. Chutkan on 8/1/23. (lcja) (Entered: 08/01/2023)
2023-08-287ANSWER to Complaint by CENTRAL INTELLIGENCE AGENCY, NATIONAL ARCHIVES AND RECORDS ADMINISTRATION.(Debrason, B.) (Entered: 08/29/2023)
2023-08-30MINUTE ORDER: Before the Court in this FOIA case are a complaint and an answer. The requirements of LCvR 16.3 and Rule 26(f) of the Federal Rules of Civil Procedure appear to be inapplicable. IT IS HEREBY ORDERED that the parties shall meet and confer and propose a schedule for proceeding in this matter. The schedule shall address 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, whether and when either party anticipates filing a dispositive motion, and any other pertinent issues. The parties shall file a joint status report that addresses these issues no later than October 16, 2023. The joint status report shall be accompanied by a proposed order. Signed by Judge Tanya S. Chutkan on 8/30/2023. (lcb) (Entered: 08/30/2023)
2023-08-30Set/Reset Deadlines: Joint Status Report due by 10/16/2023. (zed) (Entered: 08/31/2023)
2023-10-168NOTICE of Appearance by Merrick Jason Wayne on behalf of JOEL WHITNEY (Wayne, Merrick) (Entered: 10/16/2023)
2023-10-169NOTICE of Appearance by Diana Viggiano Valdivia on behalf of All Defendants (Valdivia, Diana) (Entered: 10/16/2023)
2023-10-1610Joint STATUS REPORT by CENTRAL INTELLIGENCE AGENCY, NATIONAL ARCHIVES AND RECORDS ADMINISTRATION. (Attachments: # 1 Text of Proposed Order (Defendants' Proposal), # 2 Text of Proposed Order (Plaintiff's Proposal))(Valdivia, Diana) (Entered: 10/16/2023)
2023-10-17MINUTE ORDER: Upon consideration of the parties' 10 Joint Status Report, it is hereby ORDERED that Defendant National Archives and Records Administration shall produce the responsive records within 30 days of the completion of the equity-holding agencies' review. The parties shall file their next Joint Status Report on January 15, 2024, and every 90 days thereafter. To the extent the parties request a change to the status quo, the report shall be accompanied by a proposed order. Signed by Judge Tanya S. Chutkan on 10/17/23. (lce) (Entered: 10/17/2023)
2023-10-1711NOTICE OF SUBSTITUTION OF COUNSEL by Kaitlin Kerry Eckrote on behalf of CENTRAL INTELLIGENCE AGENCY, NATIONAL ARCHIVES AND RECORDS ADMINISTRATION Substituting for attorney Diana V. Valdivia (Eckrote, Kaitlin) (Entered: 10/17/2023)
2024-01-1212Joint STATUS REPORT by CENTRAL INTELLIGENCE AGENCY, NATIONAL ARCHIVES AND RECORDS ADMINISTRATION. (Debrason, B.) (Entered: 01/12/2024)
2024-04-1513Joint STATUS REPORT by CENTRAL INTELLIGENCE AGENCY, NATIONAL ARCHIVES AND RECORDS ADMINISTRATION. (Debrason, B.) (Entered: 04/15/2024)
2024-04-2314NOTICE OF SUBSTITUTION OF COUNSEL by Kimberly Stratton on behalf of All Defendants Substituting for attorney B. Kathryn Debrason (Stratton, Kimberly) (Entered: 04/23/2024)
2024-07-1515Joint STATUS REPORT by CENTRAL INTELLIGENCE AGENCY, NATIONAL ARCHIVES AND RECORDS ADMINISTRATION. (Stratton, Kimberly) (Entered: 07/15/2024)
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by FOIA Project Staff
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