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Case TitleCATO INSTITUTE v. U.S. DEPARTMENT OF JUSTICE et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2024cv00807
Date Filed2024-03-20
Date ClosedOpen
JudgeJudge Trevor N. McFadden
PlaintiffCATO INSTITUTE
Case DescriptionCato Institute submitted a FOIA request to the FBI for records concerning Preventing Violence and Criminal Activity SITREPs promulgated or issued between January 2017 and January 2021. Cato Institute also requested a fee waiver. The agency acknowledged receipt of the request. The agency denied the request as being overbroad. Cato Institute filed an administrative appeal. The Office of Information Policy remanded the request for further review. The FBI denied Cato Institute's request for a fee waiver. The FBI told Cato Institute that it had located 1,157 pages of potentially responsive records and that such a request would take 67 months to process. After hearing nothing further from the agency, Cato Institute filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Attorney's fees

DefendantU.S. DEPARTMENT OF JUSTICE
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
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2024-03-201COMPLAINT against DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF INVESTIGATION ( Filing fee $ 405 receipt number BDCDC-10769380) filed by CATO INSTITUTE. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Exhibit 9, # 11 Exhibit 10)(Topic, Matthew) (Entered: 03/20/2024)
2024-03-21Case Assigned to Judge Trevor N. McFadden. (znmw) (Entered: 03/21/2024)
2024-03-21NOTICE OF ERROR re 1 Complaint; emailed to matt@loevy.com, cc'd 2 associated attorneys -- The PDF file you docketed contained errors: 1. Missing summonses-government. When naming a government agent or agency as a defendant, you must supply a summons for each defendant & two additional summonses for the U.S. Attorney & U.S. Attorney General. Please submit using the event Request for Summons to Issue. (znmw, ) (Entered: 03/21/2024)
2024-03-212STANDING ORDER Establishing Procedures for Cases Before Judge Trevor N. McFadden. The parties are hereby ORDERED to read and comply with the directives in the attached standing order. SO ORDERED. Signed by Judge Trevor N. McFadden on 3/21/2024. (lctnm3) (Entered: 03/21/2024)
2024-03-253NOTICE of Appearance by Matthew Topic on behalf of CATO INSTITUTE (Topic, Matthew) (Entered: 03/25/2024)
2024-03-254REQUEST FOR SUMMONS TO ISSUE filed by CATO INSTITUTE.(Topic, Matthew) (Entered: 03/25/2024)
2024-03-255NOTICE of Appearance by Merrick Jason Wayne on behalf of CATO INSTITUTE (Wayne, Merrick) (Entered: 03/25/2024)
2024-03-256SUMMONS (4) Issued Electronically as to All Defendants, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(mg) (Entered: 03/25/2024)
2024-04-117NOTICE of Appearance by Patricia K. McBride on behalf of FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE (McBride, Patricia) (Entered: 04/11/2024)
2024-04-168Consent MOTION for Extension of Time to File Answer by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE. (McBride, Patricia) (Entered: 04/16/2024)
2024-04-17MINUTE ORDER: The Court ORDERS that the 8 Motion for Extension of Time is GRANTED IN PART. Defendants' responsive pleading shall be due on or before May 13, 2024. SO ORDERED. Signed by Judge Trevor N. McFadden on 4/17/2024. (lctnm3). (Entered: 04/17/2024)
2024-04-239RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF JUSTICE served on 4/9/2024 (Topic, Matthew) (Entered: 04/23/2024)
2024-04-2310RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. FEDERAL BUREAU OF INVESTIGATION served on 4/9/2024 (Topic, Matthew) (Entered: 04/23/2024)
2024-04-2311RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 4/9/2024. (Topic, Matthew) (Entered: 04/23/2024)
2024-04-2312RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 3/26/2024. Answer due for ALL FEDERAL DEFENDANTS by 4/25/2024. (Topic, Matthew) (Entered: 04/23/2024)
2024-05-0813ANSWER to Complaint by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE.(McBride, Patricia) (Entered: 05/08/2024)
2024-05-08MINUTE ORDER: Before the Court are a Complaint and Answer in this FOIA case. It is hereby ORDERED that the parties meet and confer and that they then file a Joint Status Report proposing a schedule for proceeding in this matter. That JSR should address, among other things, 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, and a briefing schedule for dispositive motions, if required. The parties shall file the JSR on or before June 7, 2024. SO ORDERED. Signed by Judge Trevor N. McFadden on 5/8/2024. (lctnm3) (Entered: 05/08/2024)
2024-06-0514Joint STATUS REPORT by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE. (McBride, Patricia) (Entered: 06/05/2024)
2024-06-06MINUTE ORDER: In light of the 14 Joint Status Report, the Court ORDERS the parties to file another JSR on or before September 6, 2024, and every 60 days thereafter, updating the Court on the status of this case. SO ORDERED. Signed by Judge Trevor N. McFadden on 6/6/2024. (lctnm3) (Entered: 06/06/2024)
2024-09-0615Joint STATUS REPORT by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE. (McBride, Patricia) (Entered: 09/06/2024)
2024-09-1116NOTICE OF SUBSTITUTION OF COUNSEL by Brian J. Levy on behalf of FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE Substituting for attorney Patricia K. McBride (Levy, Brian) (Entered: 09/11/2024)
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