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Case TitleCONTE v. FEDERAL BUREAU OF INVESTIGATION
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2023cv03729
Date Filed2023-12-14
Date ClosedOpen
JudgeJudge Timothy J. Kelly
PlaintiffANDREA CONTE
Case DescriptionAndrea Conte, a journalist, submitted two FOIA requests to the FBI for records concerning Jack Johnson and Warren Hart, both of whom had been members of the Black Panthers in Baltimore in 1970s. The FBI acknowledged receipt of both requests. The FBI told Conte that it found no records about Johnson. Conte filed an administrative appeal and the Office of Information Policy upheld the FBI's denial. The FBI located records on Hart, who had served as a confidential source to the FBI, disclosed public sources information, but withheld other records under a variety of exemptions. Conte filed an administrative appeal of the denial and OIP upheld the FBI's denial. Conte then filed suit.
Complaint issues: Litigation - Vaughn index, Litigation - Attorney's fees

DefendantFEDERAL BUREAU OF INVESTIGATION
935 Pennsylvania Avenue, N.W.
Washington, DC 20535
DefendantFEDERAL BUREAU OF INVESTIGATION
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
Complaint attachment 7
Complaint attachment 8
Complaint attachment 9
Complaint attachment 10
Complaint attachment 11
Complaint attachment 12
Complaint attachment 13
Complaint attachment 14
Complaint attachment 15
Complaint attachment 16
Complaint attachment 17
Complaint attachment 18
Complaint attachment 19
Complaint attachment 20
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2023-12-141COMPLAINT against FEDERAL BUREAU OF INVESTIGATION ( Filing fee $ 405 receipt number ADCDC-10558322) filed by ANDREA CONTE. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit, # 13 Exhibit, # 14 Exhibit, # 15 Exhibit, # 16 Exhibit, # 17 Exhibit, # 18 Summons, # 19 Summons, # 20 Summons)(Walz, Christine) (Entered: 12/14/2023)
2023-12-18NOTICE OF ERROR re 1 Complaint; emailed to christine.walz@hklaw.com, cc'd 5 associated attorneys -- The PDF file you docketed contained errors: 1. Blank or missing coversheet. Please use the cover sheet at https://www.dcd.uscourts.gov/new-case-forms & file using the event Civil Cover Sheet., 2. Form filed as fillable PDF. Please file form in a non-fillable PDF format., 3. COMPLIANCE DEADLINE is by close of business today. This case will not proceed any further until all errors are satisfied. (zsl, ) (Entered: 12/18/2023)
2023-12-182CIVIL COVER SHEET CORRECTED by ANDREA CONTE filed by ANDREA CONTE.(Walz, Christine) (Entered: 12/18/2023)
2023-12-19Case Assigned to Judge Timothy J. Kelly. (zljn) (Entered: 12/19/2023)
2023-12-193SUMMONS (3) Issued Electronically as to FEDERAL BUREAU OF INVESTIGATION, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(zljn) (Entered: 12/19/2023)
2023-12-214ERRATA re 1 Complaint by ANDREA CONTE. (Walz, Christine) Modified to add link on 12/21/2023 (znmw). (Entered: 12/21/2023)
2024-01-225NOTICE of Appearance by Christina O'Tousa on behalf of FEDERAL BUREAU OF INVESTIGATION (O'Tousa, Christina) (Entered: 01/22/2024)
2024-01-226ANSWER to Complaint by FEDERAL BUREAU OF INVESTIGATION.(O'Tousa, Christina) (Entered: 01/22/2024)
2024-01-24MINUTE ORDER: Before the Court in this FOIA case are a complaint and an answer. It is hereby ORDERED that the parties shall meet, confer, and file a joint proposed schedule for briefing or disclosure by February 7, 2024. Signed by Judge Timothy J. Kelly on 1/24/2024. (lctjk2) (Entered: 01/24/2024)
2024-02-077Joint STATUS REPORT by FEDERAL BUREAU OF INVESTIGATION. (O'Tousa, Christina) (Entered: 02/07/2024)
2024-02-09MINUTE ORDER: Upon consideration of the parties' 7 Joint Status Report, it is hereby ORDERED that the parties shall file a further joint status report by April 9, 2024, including, if necessary, a joint schedule for briefing. Signed by Judge Timothy J. Kelly on 2/9/2024. (lctjk2) (Entered: 02/09/2024)
2024-04-098Joint STATUS REPORT by FEDERAL BUREAU OF INVESTIGATION. (O'Tousa, Christina) (Entered: 04/09/2024)
2024-04-10MINUTE ORDER: Upon consideration of the parties' 8 Joint Status Report, it is hereby ORDERED that the parties shall file a further joint status report by June 7, 2024, including, if necessary, a joint schedule for briefing. Signed by Judge Timothy J. Kelly on 4/10/2024. (lctjk2) (Entered: 04/10/2024)
2024-06-079Joint STATUS REPORT by ANDREA CONTE. (Walz, Christine) (Entered: 06/07/2024)
2024-06-11MINUTE ORDER: Upon consideration of the parties' 9 Joint Status Report, it is hereby ORDERED that the parties shall file a further joint status report by July 8, 2024, including, if necessary, a joint schedule for briefing. Signed by Judge Timothy J. Kelly on 6/11/2024. (lctjk2) (Entered: 06/11/2024)
2024-07-0810NOTICE of Appearance by Alexander Schreiber on behalf of All Defendants (Schreiber, Alexander) (Entered: 07/08/2024)
2024-07-0811Joint STATUS REPORT by FEDERAL BUREAU OF INVESTIGATION. (Schreiber, Alexander) (Entered: 07/08/2024)
2024-07-10MINUTE ORDER: Upon consideration of the parties' 11 Joint Status Report, it is hereby ORDERED that the parties shall file a further joint status report by August 8, 2024, including, if necessary, a joint schedule for briefing. Signed by Judge Timothy J. Kelly on 7/10/2024. (lctjk2) (Entered: 07/10/2024)
2024-08-0812Joint STATUS REPORT by FEDERAL BUREAU OF INVESTIGATION. (O'Tousa, Christina) (Entered: 08/08/2024)
2024-08-12MINUTE ORDER: Upon consideration of the parties' 12 Joint Status Report, it is hereby ORDERED that the parties shall file a further joint status report by September 20, 2024, including, if necessary, a joint schedule for briefing. Signed by Judge Timothy J. Kelly on 8/12/2024. (lctjk2) (Entered: 08/12/2024)
2024-08-2913NOTICE OF WITHDRAWAL OF APPEARANCE as to FEDERAL BUREAU OF INVESTIGATION. Attorney Alexander Schreiber terminated. (O'Tousa, Christina) (Entered: 08/29/2024)
2024-09-2014Joint STATUS REPORT by FEDERAL BUREAU OF INVESTIGATION. (O'Tousa, Christina) (Entered: 09/20/2024)
2024-09-23MINUTE ORDER: Upon consideration of the parties' 14 Joint Status Report, it is hereby ORDERED that the following schedule will govern proceedings: Defendant shall file a motion for summary judgment by January 10, 2025; Plaintiff shall file a response to that motion and any cross-motion for summary judgment by March 11, 2025; Defendant shall file a reply in support of its motion for summary judgment and any response to Plaintiff's cross-motion for summary judgment by May 9, 2025; Plaintiff shall file any reply in support of her cross-motion for summary judgment by June 6, 2025. Signed by Judge Timothy J. Kelly on 9/23/2024. (lctjk2) (Entered: 09/23/2024)
2025-01-0815Consent MOTION for Extension of Time to File Motion for Summary Judgment by FEDERAL BUREAU OF INVESTIGATION. (Attachments: # 1 Text of Proposed Order)(O'Tousa, Christina) (Entered: 01/08/2025)
2025-01-10MINUTE ORDER granting Defendant's 15 Consent Motion for Extension of Time to File Defendant's Motion for Summary Judgment. For the reasons set forth in Defendant's 15 Consent Motion, and because Plaintiff consents to the relief sought, it is hereby ORDERED that Defendant's 15 Consent Motion is GRANTED. It is further ORDERED that the briefing schedule set forth in the Court's September 23, 2024, Minute Order is hereby MODIFIED as follows: Defendant shall file a motion for summary judgment by January 16, 2025; Plaintiff shall file a response to that motion and any cross-motion for summary judgment by March 17, 2025; Defendant shall file a reply in support of its motion for summary judgment and any response to Plaintiff's cross-motion for summary judgment by May 15, 2025; Plaintiff shall file any reply in support of her cross-motion for summary judgment by June 12, 2025. Signed by Judge Timothy J. Kelly on 1/10/2025. (lctjk2) (Entered: 01/10/2025)
2025-01-1616Consent MOTION for Extension of Time to File Motion for Summary Judgment by FEDERAL BUREAU OF INVESTIGATION. (Attachments: # 1 Text of Proposed Order)(O'Tousa, Christina) (Entered: 01/16/2025)
2025-01-20MINUTE ORDER granting Defendant's 16 Consent Motion for Extension of Time to File Defendant's Motion for Summary Judgment. For the reasons set forth in Defendant's 16 Consent Motion, and because Plaintiff consents to the relief sought, it is hereby ORDERED, nunc pro tunc to January 16, 2025, that Defendant's 16 Consent Motion is GRANTED. It is further ORDERED that the briefing schedule set forth in the Court's January 10, 2025, Minute Order is hereby MODIFIED as follows: Defendant shall file a motion for summary judgment by January 24, 2025; Plaintiff shall file a response to that motion and any cross-motion for summary judgment by March 25, 2025; Defendant shall file a reply in support of its motion for summary judgment and any response to Plaintiff's cross-motion for summary judgment by May 23, 2025; Plaintiff shall file any reply in support of her cross-motion for summary judgment by June 20, 2025. Signed by Judge Timothy J. Kelly on 1/20/2025. (lctjk2) (Entered: 01/20/2025)
2025-01-2417Consent MOTION for Extension of Time by FEDERAL BUREAU OF INVESTIGATION. (Attachments: # 1 Text of Proposed Order)(O'Tousa, Christina) Modified event on 1/27/2025 (znmw). (Entered: 01/24/2025)
2025-01-2718NOTICE of Appearance by Sara Benson on behalf of ANDREA CONTE (Benson, Sara) (Entered: 01/27/2025)
2025-01-27MINUTE ORDER granting Defendant's 17 Consent Motion for Extension of Time to File Defendant's Motion for Summary Judgment. For the reasons set forth in Defendant's 17 Consent Motion, and because Plaintiff consents to the relief sought, it is hereby ORDERED, nunc pro tunc to January 24, 2025, that Defendant's 17 Consent Motion is GRANTED. It is further ORDERED that the briefing schedule set forth in the Court's January 20, 2025, Minute Order is hereby MODIFIED as follows: Defendant shall file a motion for summary judgment by January 28, 2025; Plaintiff shall file a response to that motion and any cross-motion for summary judgment by March 27, 2025; Defendant shall file a reply in support of its motion for summary judgment and any response to Plaintiff's cross-motion for summary judgment by May 28, 2025; Plaintiff shall file any reply in support of her cross-motion for summary judgment by June 24, 2025. Signed by Judge Timothy J. Kelly on 1/27/2025. (lctjk2) (Entered: 01/27/2025)
2025-01-2819Consent MOTION for Extension of Time to File Motion for Summary Judgment by FEDERAL BUREAU OF INVESTIGATION. (O'Tousa, Christina) (Entered: 01/28/2025)
2025-01-30MINUTE ORDER granting Defendant's 19 Consent Motion for Extension of Time to File Defendant's Motion for Summary Judgment. For the reasons set forth in Defendant's 19 Consent Motion, and because Plaintiff consents to the relief sought, it is hereby ORDERED, nunc pro tunc to January 28, 2025, that Defendant's 19 Consent Motion is GRANTED. It is further ORDERED that the briefing schedule set forth in the Court's January 27, 2025, Minute Order is hereby MODIFIED as follows: Defendant shall file a motion for summary judgment by February 4, 2025; Plaintiff shall file a response to that motion and any cross-motion for summary judgment by April 3, 2025; Defendant shall file a reply in support of its motion for summary judgment and any response to Plaintiff's cross-motion for summary judgment by June 4, 2025; Plaintiff shall file any reply in support of her cross-motion for summary judgment by July 1, 2025. Signed by Judge Timothy J. Kelly on 1/30/2025. (lctjk2) (Entered: 01/30/2025)
2025-02-0420MOTION to Designate Filing as HSD ; to File Declaration under Seal; and to File Declaration Ex Parte by FEDERAL BUREAU OF INVESTIGATION. (Attachments: # 1 Text of Proposed Order)(O'Tousa, Christina). Added MOTION for Leave to File on 2/4/2025 (znmw). (Entered: 02/04/2025)
2025-02-0421MOTION for Summary Judgment by FEDERAL BUREAU OF INVESTIGATION. (Attachments: # 1 Statement of Facts, # 2 Declaration of Michael G. Seidel (including exhibits & Vaughn Index), # 3 Text of Proposed Order)(O'Tousa, Christina) (Entered: 02/04/2025)
2025-02-1422Consent MOTION for Extension of Time to Oppose Defendant's Motion 1 to Designate Declaration as a Highly Sensitive Document; 2 to File Declaration under seal; and 3 File Declaration Ex Parte by ANDREA CONTE. (Attachments: # 1 Text of Proposed Order)(Benson, Sara) (Entered: 02/14/2025)
2025-02-18MINUTE ORDER granting Plaintiff's 22 Consent Motion for Extension of Time. For the reasons set forth in Plaintiff's 22 Consent Motion, and because Defendant consents to the relief sought, it is hereby ORDERED that Plaintiff's 22 Consent Motion is GRANTED. It is further ORDERED that Plaintiff shall file her opposition to Defendant's 20 Motion to Designate Declaration as a Highly Sensitive Document by February 25, 2025. Signed by Judge Timothy J. Kelly on 2/18/2025. (lsrs) (Entered: 02/18/2025)
2025-02-2523Memorandum in opposition to re 20 Motion to Designate Filing as HSD,, Motion for Leave to File, filed by ANDREA CONTE. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Benson, Sara) (Entered: 02/25/2025)
2025-03-0324Consent MOTION for Extension of Time to File Response/Reply as to 20 MOTION to Designate Filing as HSD ; to File Declaration under Seal; and to File Declaration Ex Parte MOTION for Leave to File by FEDERAL BUREAU OF INVESTIGATION. (Attachments: # 1 Text of Proposed Order)(O'Tousa, Christina) (Entered: 03/03/2025)
2025-03-05MINUTE ORDER granting Defendant's 24 Consent Motion for Extension of Time. For the reasons set forth in Defendant's 24 Consent Motion, and because Plaintiff consents to the relief sought, it is hereby ORDERED, nunc pro tunc to March 4, 2025, that Defendant's 24 Consent Motion is GRANTED. It is further ORDERED that Defendant shall file its reply in support of its 20 Motion to Designate Declaration as a Highly Sensitive Document by March 26, 2025. Signed by Judge Timothy J. Kelly on 3/5/2025. (lctjk2) (Entered: 03/05/2025)
2025-03-2725MOTION for Extension of Time to File Response/Reply as to 20 MOTION to Designate Filing as HSD ; to File Declaration under Seal; and to File Declaration Ex Parte MOTION for Leave to File by FEDERAL BUREAU OF INVESTIGATION. (Graham-Oliver, Heather) (Entered: 03/27/2025)
2025-03-31MINUTE ORDER granting Defendant's 25 Consent Motion for Further Extension of Time. For the excusable neglect shown in Defendant's 25 Consent Motion, and because Plaintiff consents to the relief sought, it is hereby ORDERED, nunc pro tunc to March 26, 2025, that Defendant's 25 Consent Motion is GRANTED. It is further ORDERED that Defendant shall file its reply in support of its 20 Motion to Designate Declaration as a Highly Sensitive Document by April 3, 2025. It is further ORDERED that Plaintiff shall file her response to Defendant's 21 Motion for Summary Judgment and any cross-motion for summary judgment by April 17, 2025. Signed by Judge Timothy J. Kelly on 3/31/2025. (lctjk2) (Entered: 03/31/2025)
2025-04-0326REPLY to opposition to motion re 20 Motion to Designate Filing as HSD,, Motion for Leave to File, filed by FEDERAL BUREAU OF INVESTIGATION. (Graham-Oliver, Heather) (Entered: 04/03/2025)
2025-04-08MINUTE ORDER: Currently pending before the Court is Defendant's 20 Motion to Designate Declaration as a Highly Sensitive Document. Upon consideration of the submitted Declaration, Defendant's 20 Motion, Plaintiff's 23 Opposition, and Defendant's 26 Reply, the Court finds that Defendant's 20 Motion will be best resolved simultaneously with any motions for summary judgment. Thus, it is hereby ORDERED that the Court DEFERS ruling on Defendant's 20 Motion until the completion of summary-judgment briefing. Signed by Judge Timothy J. Kelly on 4/8/2025. (lctjk2) (Entered: 04/08/2025)
2025-04-1627Consent MOTION for Extension of Time to File Opposition to Motion for Summary Judgment and Cross-Motion for Summary Judgment by ANDREA CONTE. (Attachments: # 1 Text of Proposed Order)(Benson, Sara) (Entered: 04/16/2025)
2025-04-18MINUTE ORDER granting Plaintiff's 27 Consent Motion for Extension of Time. For the reasons set forth in Plaintiff's 27 Consent Motion, and because Defendant consents to the relief sought, it is hereby ORDERED, nunc pro tunc to April 17, 2025, that Plaintiff's 27 Consent Motion is GRANTED. It is further ORDERED that the briefing schedule set forth in the Court's Minute Orders of January 30 and March 31, 2025, is hereby MODIFIED as follows: Plaintiff shall file her response to Defendant's 21 Motion for Summary Judgment and any cross-motion for summary judgment by May 1, 2025, and Defendant shall file a reply in support of its 21 Motion for Summary Judgment and any response to Plaintiff's cross-motion for summary judgment by June 18, 2025. Signed by Judge Timothy J. Kelly on 4/18/2025. (lctjk2) (Entered: 04/18/2025)
2025-05-0128Cross MOTION for Summary Judgment (Plaintiff's Consolidated Cross-Motion for Summary Judgment and Opposition to Defendant's Motion for Summary Judgment) by ANDREA CONTE. (Attachments: # 1 Statement of Facts, # 2 Exhibit 1 - Conte Declaration, # 3 Exhibit 2 - Benson Declaration, # 4 Memorandum in Support, # 5 Exhibit A, # 6 Text of Proposed Order)(Walz, Christine) (Entered: 05/01/2025)
2025-05-0129RESPONSE re 21 MOTION for Summary Judgment (Plaintiff's Responses and Objections to Defendant's Statement of Material Facts Not in Dispute) filed by ANDREA CONTE. (Walz, Christine) (Entered: 05/01/2025)
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