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Case TitleGOVERNMENT ACCOUNTABILITY PROJECT v. U.S. DEPARTMENT OF STATE et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2019cv00449
Date Filed2019-02-22
Date ClosedOpen
JudgeJudge Randolph D. Moss
PlaintiffGOVERNMENT ACCOUNTABILITY PROJECT
Case DescriptionThe Government Accountability Project submitted FOIA requests to the Department of State, the CIA, the Department of Commerce, the Department of Treasury, the Department of Defense, and the Department of Energy for records concerning attempts by the Trump administration and individuals associated with it, to promote civil nuclear energy in the Middle East, particularly Saudi Arabia. GAP also requested expedited processing and a fee waiver. The agencies acknowledged receipt of the requests, but after hearing nothing further from any of the agencies, GAP filed suit.
Complaint issues: Litigation - Attorney's fees, Failure to respond within statutory time limit

DefendantU.S. DEPARTMENT OF STATE
DefendantCENTRAL INTELLIGENCE AGENCY
DefendantU.S. DEPARTMENT OF COMMERCE
DefendantU.S. DEPARTMENT OF THE TREASURY
DefendantU.S. DEPARTMENT OF DEFENSE
DefendantU.S. DEPARTMENT OF ENERGY
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
Opinion/Order [72]
FOIA Project Annotation: Judge Randolph Moss has ruled that the CIA properly issued a Glomar response neither confirming nor denying the existence of records in response to a request from the Government Accountability Project for records pertaining to the provision of nuclear technologies to countries in the Middle East. GAP's FOIA request was prompted by reports that former National Security Advisor Michael Flynn and other officials in the Trump administration had proposed plans to increase the use of nuclear power in the Middle East, potentially in contravention of the Atomic Energy Act. GAP's request focused on civil nuclear cooperation with Middle Eastern countries. When the CIA asked for clarification, GAP indicated that it was interested in records regarding civil nuclear cooperation with Egypt, Jordan, and Saudi Arabia. In response, the CIA issued a Glomar response citing Exemption 1 (national security) and Exemption 3 (other statutes), citing the National Security Act. Moss agreed that the CIA had shown the records were protected under the Executive Order on Classification. He pointed out that "it is not particularly challenging to see how disclosure of whether the CIA possesses records responsive to GAP's FOIA request 'could reasonably be expected to cause identifiable or describable damage to the national security.' The United States depends on its intelligence agencies to carry out their missions and the CIA depends on secrecy to do so. [The agency's affidavit] attests that compelling a non-Glomar response here would imperil the CIA's ability to carry out its mission. And it is certainly 'logical' or 'plausible' to view the risks that [the agency's affidavit] identifies as presenting a legitimate threat to national security." GAP argued that it was not seeking any intelligence information. But Moss observed that "but even accepting that construction of GAP's request, whether the CIA retains records about 'civil nuclear agreements' between the United States and the three countries in the Middle East that GAP identified " Egypt, Jordan, and Saudi Arabia " would itself reveal the presence or absence of a particular CIA intelligence interest that is protected from disclosure by Executive Order 13526. The question is not, then whether GAP seeks intelligence information " it is whether a non-Glomar response would reveal it." Moss also rejected GAP's argument that the existence of records had been officially acknowledged through a report of the House Government Oversight Committee. He noted that "this is a far cry from 'official acknowledgement.'. . .Here, there exists only a congressional report recounting a private businessman's two emails and a reference to efforts made by [the company] 'to promote their plan with high-level stakeholders.' The 'strict' official acknowledgement doctrine requires more." Moss also observed that any official acknowledgement had not come from the CIA itself. He pointed out that "GAP has adduced no evidence that the CIA itself " or any other executive agency or department for that matter " has ever acknowledged the records that GAP now seeks. That too vitiates GAP's reliance on the official acknowledgment doctrine."
Issues: Determination - Glomar response, Exemption 1 - Harm to national security, Exemption 3 - Statutory prohibition of disclosure
Opinion/Order [93]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2019-02-221COMPLAINT against All Defendants ( Filing fee $ 400 receipt number 0090-5961046) filed by GOVERNMENT ACCOUNTABILITY PROJECT. (Attachments: # 1 Civil Cover Sheet, # 2 Summons Attorney General, # 3 Summons U.S. Attorney, # 4 Summons Department of State, # 5 Summons CIA, # 6 Summons Department of Commerce, # 7 Summons Department of the Treasury, # 8 Summons Department of Defense, # 9 Summons Department of Energy)(Weismann, Anne) (Entered: 02/22/2019)
2019-02-222LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by GOVERNMENT ACCOUNTABILITY PROJECT (Weismann, Anne) (Entered: 02/22/2019)
2019-02-22Case Assigned to Judge Randolph D. Moss. (zef, ) (Entered: 02/22/2019)
2019-02-223SUMMONS (8) Issued Electronically as to CENTRAL INTELLIGENCE AGENCY, U.S. DEPARTMENT OF COMMERCE, U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF ENERGY, U.S. DEPARTMENT OF STATE, U.S. DEPARTMENT OF THE TREASURY, U.S. Attorney and U.S. Attorney General. (Attachments: # 1 Notice and Consent)(zef, ) (Entered: 02/22/2019)
2019-02-244STANDING ORDER: The parties are hereby ORDERED to comply with the directives set forth in the attached Standing Order. See document for details. Signed by Judge Randolph D. Moss on 2/24/2019. (lcrdm3, ) (Entered: 02/24/2019)
2019-03-145RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. CENTRAL INTELLIGENCE AGENCY served on 3/5/2019; U.S. DEPARTMENT OF COMMERCE served on 3/4/2019; U.S. DEPARTMENT OF DEFENSE served on 3/4/2019; U.S. DEPARTMENT OF ENERGY served on 3/4/2019; U.S. DEPARTMENT OF STATE served on 3/5/2019; U.S. DEPARTMENT OF THE TREASURY served on 3/4/2019, RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 3/4/2019. ( Answer due for ALL FEDERAL DEFENDANTS by 4/3/2019.), RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 3/5/19. (Weismann, Anne) (Entered: 03/14/2019)
2019-03-286ERRATA by GOVERNMENT ACCOUNTABILITY PROJECT 5 Summons Returned Executed as to Federal Defendant,,, Summons Returned Executed in FOIA as to U.S. Attorney,,, Summons Returned Executed as to U.S. Attorney General,,. (Attachments: # 1 Errata)(Weismann, Anne) (Entered: 03/28/2019)
2019-03-287RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF STATE served on 3/25/2019; (See docket entry no. 6 to view.) (ztd) (Entered: 03/28/2019)
2019-04-038Unopposed MOTION for Extension of Time to File Answer by CENTRAL INTELLIGENCE AGENCY, U.S. DEPARTMENT OF COMMERCE, U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF ENERGY, U.S. DEPARTMENT OF STATE, U.S. DEPARTMENT OF THE TREASURY (McBride, Patricia) (Entered: 04/03/2019)
2019-04-03MINUTE ORDER: Upon consideration of Defendants' unopposed motion for extension of time 8 , it is hereby ORDERED that the motion is GRANTED. Defendants shall answer or otherwise respond on or before May 15, 2019. Signed by Judge Randolph D. Moss on 4/3/2019. (lcrdm3, ) (Entered: 04/03/2019)
2019-04-03Set/Reset Deadlines: Defendants shall answer or otherwise respond on or before 5/15/2019. (kt) (Entered: 04/03/2019)
2019-05-159Unopposed MOTION for Extension of Time to File Answer by CENTRAL INTELLIGENCE AGENCY, U.S. DEPARTMENT OF COMMERCE, U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF ENERGY, U.S. DEPARTMENT OF STATE, U.S. DEPARTMENT OF THE TREASURY (McBride, Patricia) (Entered: 05/15/2019)
2019-05-16MINUTE ORDER: Upon consideration of Defendants' motion for extension of time 9 , it is hereby ORDERED that the motion is GRANTED. Defendants shall answer or otherwise respond to Plaintiff's complaint on or before May 24, 2019. Signed by Judge Randolph D. Moss on 5/16/2019. (lcrdm3, ) (Entered: 05/16/2019)
2019-05-16Set/Reset Deadlines: Defendants shall answer or otherwise respond to Plaintiff's complaint on or before 5/24/2019 (kt) (Entered: 05/16/2019)
2019-05-2410ANSWER to Complaint by CENTRAL INTELLIGENCE AGENCY, U.S. DEPARTMENT OF COMMERCE, U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF ENERGY, U.S. DEPARTMENT OF STATE, U.S. DEPARTMENT OF THE TREASURY.(McBride, Patricia) (Entered: 05/24/2019)
2019-05-24MINUTE ORDER: The parties are hereby ORDERED to appear for an Initial Scheduling Conference on June 24, 2019, at 3:30 p.m. in Courtroom 21. It is further ORDERED that the parties shall confer in advance of the Initial Scheduling Conference on (1) whether any records can be released, and (2) the proper next steps in this litigation. Signed by Judge Randolph D. Moss on 5/24/2019. (lcrdm3, ) (Entered: 05/24/2019)
2019-05-24Set/Reset Hearings: Initial Scheduling Conference set for 6/24/2019, at 3:30 PM, in Courtroom 21, before Judge Randolph D. Moss. (kt) (Entered: 05/24/2019)
2019-06-0311NOTICE of Appearance by Conor M. Shaw on behalf of GOVERNMENT ACCOUNTABILITY PROJECT (Shaw, Conor) (Entered: 06/03/2019)
2019-06-1912Unopposed MOTION to Continue Reschedule Status Conference by CENTRAL INTELLIGENCE AGENCY, U.S. DEPARTMENT OF COMMERCE, U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF ENERGY, U.S. DEPARTMENT OF STATE, U.S. DEPARTMENT OF THE TREASURY (McBride, Patricia) Modified event title on 6/21/2019 (znmw). (Entered: 06/19/2019)
2019-06-20MINUTE ORDER: Upon consideration of Defendants' unopposed motion to reschedule status conference 12 , it is hereby ORDERED that the motion is GRANTED. The initial scheduling conference set for June 24, 2019 is hereby VACATED and RESCHEDULED for July 1, 2019 at 10:00 a.m. in Courtroom 21. Signed by Judge Randolph D. Moss on 6/20/2019. (lcrdm3, ) Modified on 6/20/2019 to correct hearing type (kt). (Entered: 06/20/2019)
2019-06-20Set/Reset Hearings: The Initial Scheduling Conference set for 6/24/2019 is VACATED and RESCHEDULED for 7/1/2019, at 10:00 AM, in Courtroom 21, before Judge Randolph D. Moss. (kt) Modified on 6/20/2019 to correct hearing type (kt). (Entered: 06/20/2019)
2019-06-2113Unopposed MOTION to Continue Status Conference by GOVERNMENT ACCOUNTABILITY PROJECT (Attachments: # 1 Text of Proposed Order)(Weismann, Anne) (Entered: 06/21/2019)
2019-06-24MINUTE ORDER: Upon consideration of Defendants' unopposed motion to continue status conference 13 , it is hereby ORDERED that the motion is GRANTED. The initial scheduling conference set for July 1, 2019 is hereby VACATED and RESCHEDULED for July 10, 2019 at 10:00 a.m. in Courtroom 21. Signed by Judge Randolph D. Moss on 6/24/2019. (lcrdm3, ) Modified on 6/26/2019 to correct hearing type (kt). (Entered: 06/24/2019)
2019-06-24Set/Reset Hearings: The Initial Scheduling Conference set for 7/1/2019 is VACATED and RESCHEDULED for 7/10/2019, at 10:00 AM, in Courtroom 21, before Judge Randolph D. Moss. (kt) Modified on 6/26/2019 to correct hearing type (kt). (Entered: 06/24/2019)
2019-07-10Minute Entry for proceedings held before Judge Randolph D. Moss: Initial Scheduling Conference held on 7/10/2019. For the reasons stated on the record, a Joint Status Report, which shall include a proposed final production schedule and proposed briefing schedule, is due by 8/9/2019. (Court Reporter: Jeff Hook.) (kt) (Entered: 07/10/2019)
2019-08-0814TRANSCRIPT OF INITIAL SCHEDULING CONFERENCE before Judge Randolph D. Moss held on July 10, 2019. Page Numbers: 1 - 16. Date of Issuance: August 8, 2019. Court Reporter: Jeff Hook. Telephone number: 202-354-3373. Transcripts may be ordered by submitting the Transcript Order Form For the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court repo rter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter. NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 8/29/2019. Redacted Transcript Deadline set for 9/8/2019. Release of Transcript Restriction set for 11/6/2019.(Hook, Jeff) (Entered: 08/08/2019)
2019-08-0915Joint STATUS REPORT by CENTRAL INTELLIGENCE AGENCY, U.S. DEPARTMENT OF COMMERCE, U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF ENERGY, U.S. DEPARTMENT OF STATE, U.S. DEPARTMENT OF THE TREASURY. (McBride, Patricia) (Entered: 08/09/2019)
2019-08-21MINUTE ORDER: The parties are hereby ORDERED to appear for a status conference on September 4, 2019 at 3:30 p.m., in Courtroom 21. It is further hereby ORDERED that the parties shall confer in advance of the status conference on (1) a briefing schedule concerning the request to the Central Intelligence Agency, and (2) the proper next steps in this litigation. Signed by Judge Randolph D. Moss on 08/21/19. (lcrdm3, ) (Entered: 08/21/2019)
2019-08-21Set/Reset Hearings: Status Conference set for 9/4/2019, at 3:30 PM, in Courtroom 21, before Judge Randolph D. Moss. (kt) (Entered: 08/21/2019)
2019-09-04Minute Entry for proceedings held before Judge Randolph D. Moss: Status Conference held on 9/4/2019. Each Defendant, with the exception of the Central Intelligence Agency, shall start to produce records on a rolling basis, commencing this month and continuing each month thereafter, processing at least 600 pages of records per month. The parties shall meet and confer as to prioritizing the various requests. Joint Status Reports are due on the last business day of the month, with the first being due by 9/30/2019. Defendants' Summary Judgment motion is due by 10/18/2019; Plaintiff's Opposition and Cross Motions is due by 11/1/2019; Defendants' Reply and Opposition to the Cross Motions is due by 11/15/2019; Plaintiff's Final Reply, if any, is due 11/22/2019. (Court Reporter Jeff Hook.) (kt) (Entered: 09/04/2019)
2019-09-1016TRANSCRIPT OF STATUS CONFERENCE before Judge Randolph D. Moss held on September 4, 2019. Page Numbers: 1 - 45. Date of Issuance: September 10, 2019. Court Reporter: Jeff Hook. Telephone number: 202-354-3373. Transcripts may be ordered by submitting the Transcript Order Form For the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter. NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 10/1/2019. Redacted Transcript Deadline set for 10/11/2019. Release of Transcript Restriction set for 12/9/2019.(Hook, Jeff) (Entered: 09/10/2019)
2019-09-3017Joint STATUS REPORT by U.S. DEPARTMENT OF COMMERCE, U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF ENERGY, U.S. DEPARTMENT OF STATE, U.S. DEPARTMENT OF THE TREASURY. (McBride, Patricia) (Entered: 09/30/2019)
2019-10-0118MOTION to Compel Defendant Department of Commerce's Compliance with the Court's Sept. 4, 2019 Order , MOTION for Sanctions by GOVERNMENT ACCOUNTABILITY PROJECT (Attachments: # 1 Text of Proposed Order)(Shaw, Conor) (Entered: 10/01/2019)
2019-10-02MINUTE ORDER: It is hereby ORDERED that the Defendant shall file its opposition to Plaintiff's motion to compel 18 on or before October 7, 2019. Signed by Judge Randolph D. Moss on 10/2/19. (lcrdm3, ) (Entered: 10/02/2019)
2019-10-07Set/Reset Deadlines: Responses due by 10/7/2019. (kt) (Entered: 10/07/2019)
2019-10-0719Unopposed MOTION for Extension of Time to File an Opposition to Plaintiff's Motion to Compel by CENTRAL INTELLIGENCE AGENCY, U.S. DEPARTMENT OF COMMERCE, U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF ENERGY, U.S. DEPARTMENT OF STATE, U.S. DEPARTMENT OF THE TREASURY (McBride, Patricia) (Entered: 10/07/2019)
2019-10-07MINUTE ORDER: Upon consideration of Defendants' unopposed motion for an extension of time 19 , it is hereby ORDERED that the motion is GRANTED. Defendants shall file their opposition to Plaintiff's motion to compel 18 on or before October 9, 2019. Signed by Judge Randolph D. Moss on 10/7/19. (lcrdm3, ) (Entered: 10/07/2019)
2019-10-07Set/Reset Deadlines: Defendants shall file their opposition to Plaintiff's motion to compel 18 on or before 10/9/2019. (kt) (Entered: 10/07/2019)
2019-10-0920Memorandum in opposition to re 18 MOTION to Compel Defendant Department of Commerce's Compliance with the Court's Sept. 4, 2019 Order MOTION for Sanctions filed by U.S. DEPARTMENT OF COMMERCE. (Attachments: # 1 Declaration)(McBride, Patricia) (Entered: 10/09/2019)
2019-10-1721Unopposed MOTION for Extension of Time to File by CENTRAL INTELLIGENCE AGENCY (McBride, Patricia) (Entered: 10/17/2019)
2019-10-18MINUTE ORDER: Upon consideration of Defendant Central Intelligence Agencys unopposed motion for extension of time 21 , it is hereby ORDERED that the motion is GRANTED. Defendants motion for summary judgment shall be filed on or before November 1, 2019. Plaintiffs opposition and cross-motion, if any, shall be filed on or before November 15, 2019. Defendants reply shall be due on or before December 6, 2019. Signed by Judge Randolph D. Moss on 10/18/19. (lcrdm3) (Entered: 10/18/2019)
2019-10-18Set/Reset Deadlines: Plaintiff's Cross Motion due by 11/15/2019. Defendants' Summary Judgment Motion due by 11/1/2019. Response to Motion for Summary Judgment due by 11/15/2019. Reply to Motion for Summary Judgment due by 12/6/2019. (dot) (Entered: 10/21/2019)
2019-10-3122STATUS REPORT by CENTRAL INTELLIGENCE AGENCY, U.S. DEPARTMENT OF COMMERCE, U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF ENERGY, U.S. DEPARTMENT OF STATE, U.S. DEPARTMENT OF THE TREASURY. (McBride, Patricia) (Entered: 10/31/2019)
2019-11-0123ENTERED IN ERROR. . . . .MOTION for Partial Summary Judgment by CENTRAL INTELLIGENCE AGENCY, U.S. DEPARTMENT OF COMMERCE, U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF ENERGY, U.S. DEPARTMENT OF STATE, U.S. DEPARTMENT OF THE TREASURY (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Declaration, # 4 Text of Proposed Order)(McBride, Patricia) Modified on 11/1/2019 (ztd). (Entered: 11/01/2019)
2019-11-01NOTICE OF ERROR re 23 Motion for Partial Summary Judgment; emailed to patricia.mcbride@usdoj.gov, cc'd 9 associated attorneys -- The PDF file you docketed contained errors: 1. Please refile document, 2. Documents attached to the motion are for 17cv2090. (ztd, ) (Entered: 11/01/2019)
2019-11-0124MOTION for Partial Summary Judgment by CENTRAL INTELLIGENCE AGENCY, U.S. DEPARTMENT OF COMMERCE, U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF ENERGY, U.S. DEPARTMENT OF STATE, U.S. DEPARTMENT OF THE TREASURY (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Declaration, # 4 Text of Proposed Order)(McBride, Patricia) (Entered: 11/01/2019)
2019-11-01MINUTE ORDER: In light of Defendants' status report 22 , it is hereby ORDERED that Defendants shall file their next status report on or before December 5, 2019. Signed by Judge Randolph D. Moss on 11/1/19. (lcrdm3, ) (Entered: 11/01/2019)
2019-11-1525Memorandum in opposition to re 24 MOTION for Partial Summary Judgment filed by GOVERNMENT ACCOUNTABILITY PROJECT. (Attachments: # 1 Statement of Facts)(Weismann, Anne) (Entered: 11/15/2019)
2019-11-1526Partial MOTION for Summary Judgment by GOVERNMENT ACCOUNTABILITY PROJECT (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Text of Proposed Order)(Weismann, Anne) (Entered: 11/15/2019)
2019-11-25MINUTE ORDER: In light of the Department of Commerce's belated review of 600 pages of records for the month of September, as well as its compliance with that Court-ordered pace of review for the month of October, see Dkt. 22 at 2, it is hereby ORDERED that Plaintiff's motion to compel, Dkt. 18 , is DENIED as moot. Signed by Judge Randolph D. Moss on 11/25/19. (lcrdm3, ) (Entered: 11/25/2019)
2019-12-0427STATUS REPORT by U.S. DEPARTMENT OF COMMERCE, U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF ENERGY, U.S. DEPARTMENT OF STATE, U.S. DEPARTMENT OF THE TREASURY. (McBride, Patricia) (Entered: 12/04/2019)
2019-12-05MINUTE ORDER: In light of the defendants' joint status report 27 , it is hereby ORDERED that defendants shall file a further joint status report on or before January 8, 2020. Signed by Judge Randolph D. Moss on 12/5/19. (lcrdm3, ) (Entered: 12/05/2019)
2020-01-0828STATUS REPORT by U.S. DEPARTMENT OF COMMERCE, U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF ENERGY, U.S. DEPARTMENT OF STATE, U.S. DEPARTMENT OF THE TREASURY. (McBride, Patricia) (Entered: 01/08/2020)
2020-01-10MINUTE ORDER: In light of Defendants' joint status report 28 , it is hereby ORDERED that Defendants shall file a further joint status report on or before February 6, 2020. Signed by Judge Randolph D. Moss on 1/10/20. (lcrdm3, ) (Entered: 01/10/2020)
2020-02-0529STATUS REPORT by U.S. DEPARTMENT OF COMMERCE, U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF ENERGY, U.S. DEPARTMENT OF STATE, U.S. DEPARTMENT OF THE TREASURY. (McBride, Patricia) (Entered: 02/05/2020)
2020-02-07MINUTE ORDER: In light of the parties' joint status report 29 , it is hereby ORDERED that the parties shall file a further joint status report on or before March 6, 2020. Signed by Judge Randolph D. Moss on 2/7/20. (lcrdm3, ) (Entered: 02/07/2020)
2020-03-0530STATUS REPORT by CENTRAL INTELLIGENCE AGENCY, U.S. DEPARTMENT OF COMMERCE, U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF ENERGY, U.S. DEPARTMENT OF STATE, U.S. DEPARTMENT OF THE TREASURY. (McBride, Patricia) (Entered: 03/05/2020)
2020-03-3031Unopposed MOTION to Stay by U.S. DEPARTMENT OF STATE (Attachments: # 1 Declaration)(McBride, Patricia) (Entered: 03/30/2020)
2020-03-31MINUTE ORDER: Upon consideration of Defendant Department of State's unopposed motion to stay 31 , it is hereby ORDERED that the motion is GRANTED and the case against the Department of State is STAYED. The Department of State shall file a status report providing an update on its FOIA resources and ability to access documents off-location on or before April 28, 2020. Signed by Judge Randolph D. Moss on 3/31/20. (lcrdm3, ) (Entered: 03/31/2020)
2020-04-0132STATUS REPORT by U.S. DEPARTMENT OF COMMERCE, U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF ENERGY, U.S. DEPARTMENT OF STATE, U.S. DEPARTMENT OF THE TREASURY. (McBride, Patricia) (Entered: 04/01/2020)
2020-04-2733STATUS REPORT by U.S. DEPARTMENT OF STATE. (McBride, Patricia) (Entered: 04/27/2020)
2020-04-2934RESPONSE re 33 Status Report filed by GOVERNMENT ACCOUNTABILITY PROJECT. (Attachments: # 1 Text of Proposed Order)(Weismann, Anne) (Entered: 04/29/2020)
2020-04-29MINUTE ORDER: In light of the Plaintiff's response 34 to the Defendant's status report 33 , it is hereby ORDERED that the Defendant shall respond on or before May 1, 2020. Signed by Judge Randolph D. Moss on 4/29/20. (lcrdm3, ) (Entered: 04/29/2020)
2020-05-0135REPLY re 34 Response re 33 Status Report by U.S. DEPARTMENT OF STATE. (Attachments: # 1 Declaration)(McBride, Patricia) Modified event title on 5/6/2020 (znmw). (Entered: 05/01/2020)
2020-05-0536STATUS REPORT by U.S. DEPARTMENT OF COMMERCE, U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF ENERGY, U.S. DEPARTMENT OF THE TREASURY. (McBride, Patricia) (Entered: 05/05/2020)
2020-05-06MINUTE ORDER: In light of Defendant's status report, it is hereby ORDERED that the case shall remain STAYED and that the Department of State shall file a further status report on or before May 28, 2020. Signed by Judge Randolph D. Moss on 5/6/20. (lcrdm3, ) (Entered: 05/06/2020)
2020-05-2837STATUS REPORT by U.S. DEPARTMENT OF STATE. (McBride, Patricia) (Entered: 05/28/2020)
2020-06-01MINUTE ORDER: In light of the Department of State's status report 37 , it is hereby ORDERED that Plaintiff shall file a response on or before June 5, 2020. Signed by Judge Randolph D. Moss on 6/1/20. (lcrdm3, ) (Entered: 06/01/2020)
2020-06-0538RESPONSE re 37 Status Report filed by GOVERNMENT ACCOUNTABILITY PROJECT. (Attachments: # 1 Text of Proposed Order)(Weismann, Anne) (Entered: 06/05/2020)
2020-06-1139REPLY to opposition to motion re 31 Unopposed MOTION to Stay filed by U.S. DEPARTMENT OF STATE. (McBride, Patricia) (Entered: 06/11/2020)
2020-06-11MINUTE ORDER: It is hereby ORDERED that the parties shall appear for a telephonic status conference on June 15, 2020 at 10:00 a.m. Signed by Judge Randolph D. Moss on 6/11/20. (lcrdm3, ) (Entered: 06/11/2020)
2020-06-1140NOTICE of Filing Attachment A by U.S. DEPARTMENT OF STATE (Attachments: # 1 Exhibit A)(McBride, Patricia) (Entered: 06/11/2020)
2020-06-15Minute Entry for proceedings held before Judge Randolph D. Moss: Telephonic Status Conference held on 6/15/2020. The parties, and the Court, appeared via telephone. For the reasons stated on the record, the State Department shall file a declaration with the Court by 6/29/2020. The parties shall meet and confer to resolve the challenges to processing the request posed by the COVID-19 pandemic that were addressed on the record. A Joint Status Report is due by 7/10/2020. (Court Reporter: Jeff Hook.) (kt) (Entered: 06/15/2020)
2020-06-1741TRANSCRIPT OF TELEPHONIC STATUS CONFERENCE before Judge Randolph D. Moss held on June 15, 2020. Page Numbers: 1 - 19. Date of Issuance: June 17, 2020. Court Reporter: Jeff Hook. Telephone number: 202-354-3373. Transcripts may be ordered by submitting the Transcript Order Form For the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court report er referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter. NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 7/8/2020. Redacted Transcript Deadline set for 7/18/2020. Release of Transcript Restriction set for 9/15/2020.(Hook, Jeff) (Entered: 06/17/2020)
2020-06-2942NOTICE of Filing Declaration by U.S. DEPARTMENT OF STATE (Attachments: # 1 Declaration)(McBride, Patricia) (Entered: 06/29/2020)
2020-06-30MINUTE ORDER: In light of the parties' incomplete briefing on the cross-motions for summary judgment, see Dkt. 24 and 26 , the parties are hereby ORDERED to confer and include a proposed schedule for the completion of that briefing in the joint status report that is to be filed on or before July 10, 2020. Signed by Judge Randolph D. Moss on 6/30/20.(lcrdm3, ) (Entered: 06/30/2020)
2020-07-0843Unopposed MOTION for Extension of Time to by CENTRAL INTELLIGENCE AGENCY (McBride, Patricia) Modified event on 7/9/2020 (ztd). (Entered: 07/08/2020)
2020-07-1044Joint STATUS REPORT by U.S. DEPARTMENT OF COMMERCE, U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF ENERGY, U.S. DEPARTMENT OF THE TREASURY. (McBride, Patricia) (Entered: 07/10/2020)
2020-07-1045Joint STATUS REPORT by U.S. DEPARTMENT OF STATE. (McBride, Patricia) (Entered: 07/10/2020)
2020-07-14MINUTE ORDER: Upon consideration of the CIA's unopposed motion for extension of time, it is hereby ORDERED that the motion is GRANTED. Defendant's combined reply and opposition to Plaintiff's cross-motion shall be filed on or before July 24, 2020. Plaintiff's reply shall be filed on or before August 7, 2020. Signed by Judge Randolph D. Moss on 7/14/20. (lcrdm3, ) (Entered: 07/14/2020)
2020-07-17MINUTE ORDER: In light of the parties' joint status report 45 , it is hereby ORDERED that the parties shall appear by telephone for a status conference on July 22, 2020 at 3:00 p.m. The parties shall utilize the same teleconference number and access code. Signed by Judge Randolph D. Moss on 7/17/20. (lcrdm3, ) Modified on 7/17/2020 to reference same call-in info (kt). (Entered: 07/17/2020)
2020-07-22Minute Entry for proceedings held before Judge Randolph D. Moss: Telephonic Status Conference held on 7/22/2020. Defendant shall adopt Plaintiff's proposed prioritization, as articulated on the record. By 7/29/2020, Defendants shall let Plaintiff know the volume of records identified and expected completion. Joint Status Report due by 9/2/2020. (Court Reporter: Jeff Hook.) (kt) (Entered: 07/22/2020)
2020-07-2446REPLY to opposition to motion re 24 MOTION for Partial Summary Judgment filed by CENTRAL INTELLIGENCE AGENCY. (McBride, Patricia) (Entered: 07/24/2020)
2020-07-2447Memorandum in opposition to re 26 Partial MOTION for Summary Judgment filed by CENTRAL INTELLIGENCE AGENCY. (ztd); (See docket entry no. 46 to view.) (Entered: 07/26/2020)
2020-08-0748REPLY to opposition to motion re 26 Partial MOTION for Summary Judgment filed by GOVERNMENT ACCOUNTABILITY PROJECT. (Shaw, Conor) (Entered: 08/07/2020)
2020-08-1049STATUS REPORT by U.S. DEPARTMENT OF COMMERCE, U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF ENERGY, U.S. DEPARTMENT OF THE TREASURY. (McBride, Patricia) (Entered: 08/10/2020)
2020-08-10MINUTE ORDER: Upon consideration of defendants' status report, Dkt. 49 , it is hereby ORDERED that the Departments of Energy and Commerce shall file their next status report on or before September 2, 2020. Signed by Judge Randolph D. Moss on 08/10/2020. (lcrdm3) (Entered: 08/10/2020)
2020-08-3150TRANSCRIPT OF TELEPHONIC STATUS CONFERENCE before Judge Randolph D. Moss held on July 22, 2020. Page Numbers: 1 - 33. Date of Issuance: August 31, 2020. Court Reporter: Jeff Hook. Telephone number: 202-354-3373. Transcripts may be ordered by submitting the Transcript Order Form For the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the cour t reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter. NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 9/21/2020. Redacted Transcript Deadline set for 10/1/2020. Release of Transcript Restriction set for 11/29/2020.(Hook, Jeff) (Entered: 08/31/2020)
2020-09-0151MOTION to Compel Compliance with the Court's July 22, 2020 Order by GOVERNMENT ACCOUNTABILITY PROJECT (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Text of Proposed Order)(Shaw, Conor) (Entered: 09/01/2020)
2020-09-01MINUTE ORDER: Upon consideration of Plaintiff's Motion to Compel, Dkt. 51 , it is hereby ORDERED that Defendants shall file a response to Plaintiff's Motion on or before September 4, 2020. Signed by Judge Randolph D. Moss on 09/01/2020. (lcrdm3) (Entered: 09/01/2020)
2020-09-0152STATUS REPORT by U.S. DEPARTMENT OF COMMERCE, U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF ENERGY, U.S. DEPARTMENT OF STATE, U.S. DEPARTMENT OF THE TREASURY. (McBride, Patricia) (Entered: 09/01/2020)
2020-09-0253STATUS REPORT by GOVERNMENT ACCOUNTABILITY PROJECT. (Attachments: # 1 Text of Proposed Order)(Shaw, Conor) (Entered: 09/02/2020)
2020-09-0454Memorandum in opposition to re 51 MOTION to Compel Compliance with the Court's July 22, 2020 Order filed by U.S. DEPARTMENT OF STATE. (McBride, Patricia) (Entered: 09/04/2020)
2020-09-1155STATUS REPORT by U.S. DEPARTMENT OF STATE. (McBride, Patricia) (Entered: 09/11/2020)
2020-09-21MINUTE ORDER: In light of Defendant U.S. Department of State's status report, Dkt. 55 , it is hereby ORDERED that the parties shall appear by telephone for a status conference on September 29, 2020 at 10:00 a.m. The parties shall utilize the same teleconference number and access code. Signed by Judge Randolph D. Moss on 09/21/2020. (lcrdm3) (Entered: 09/21/2020)
2020-09-29Minute Entry for proceedings held before Judge Randolph D. Moss: Telephonic Status Conference held on 9/29/2020. Order forthcoming. (Court Reporter: Jeff Hook.) (kt) (Entered: 09/29/2020)
2020-09-29MINUTE ORDER: Upon consideration of Plaintiff's Motion to Compel Compliance, Dkt. 51 , it is hereby ORDERED that the Motion is GRANTED in part and DENIED in part. It is further ORDERED that Defendant United States Department of State shall: (1) complete processing of the remaining 100 records that are responsive to the prioritization previously specified by the Court on or before October 13, 2020; (2) adopt the new prioritization proposed in paragraph seven (7) of the Plaintiff's Status Report of September 2, 2020, Dkt. 53 ; (3) on or before October 30, 2020, process at least 250 pages of responsive material; and (4) beginning in November 2020 and for each month thereafter, process at least 500 pages of responsive material by the last business day of the month. Signed by Judge Randolph D. Moss on 09/29/2020. (lcrdm3) (Entered: 09/29/2020)
2020-10-1456TRANSCRIPT OF TELEPHONIC STATUS CONFERENCE before Judge Randolph D. Moss held on September 29, 2020. Page Numbers: 1 - 23. Date of Issuance: October 14, 2020. Court Reporter: Jeff Hook. Telephone number: 202-354-3373. Transcripts may be ordered by submitting the Transcript Order Form For the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from t he court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter. NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 11/4/2020. Redacted Transcript Deadline set for 11/14/2020. Release of Transcript Restriction set for 1/12/2021.(Hook, Jeff) (Entered: 10/14/2020)
2020-10-1557STATUS REPORT by U.S. DEPARTMENT OF STATE. (McBride, Patricia) (Entered: 10/15/2020)
2020-10-20MINUTE ORDER: Upon consideration of Defendant U.S. Department of State's Status Report, Dkt. 57 , it is hereby ORDERED that Defendants U.S. Department of Energy and U.S. Department of Commerce shall file a further status report on or before November 17, 2020. Signed by Judge Randolph D. Moss on 10/20/2020. (lcrdm3) (Entered: 10/20/2020)
2020-11-1858Unopposed MOTION for Leave to File Status Report by CENTRAL INTELLIGENCE AGENCY, U.S. DEPARTMENT OF COMMERCE, U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF ENERGY, U.S. DEPARTMENT OF STATE, U.S. DEPARTMENT OF THE TREASURY (Attachments: # 1 Exhibit Status Report)(McBride, Patricia) (Entered: 11/18/2020)
2020-11-19MINUTE ORDER: Upon consideration of Defendants' Unopposed Motion for Leave to File Status Report, Dkt. 58 , it is hereby ORDERED that the motion is GRANTED. Defendants' Status Report, Dkt. [58-1], is deemed timely filed, and it is further ORDERED that Defendants the United States Departments of Defense, State, and Energy shall file a further status report on or before January 20, 2021. Signed by Judge Randolph D. Moss on 11/19/2020. (lcrdm3) (Entered: 11/19/2020)
2021-01-1959Joint STATUS REPORT by CENTRAL INTELLIGENCE AGENCY, U.S. DEPARTMENT OF COMMERCE, U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF ENERGY, U.S. DEPARTMENT OF STATE, U.S. DEPARTMENT OF THE TREASURY. (McBride, Patricia) (Entered: 01/19/2021)
2021-01-21MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 59 , it is hereby ORDERED that the parties shall file a further joint status report on or before March 2, 2021, and that the parties shall appear for a telephonic status conference on March 5, 2021 at 2:30pm. The parties shall use the same telephonic dial-in information as previously provided by the Courtroom Deputy Clerk. Signed by Judge Randolph D. Moss on 1/21/2021. (lcrdm3) (Entered: 01/21/2021)
2021-03-0260Joint STATUS REPORT by GOVERNMENT ACCOUNTABILITY PROJECT. (Shaw, Conor) (Entered: 03/02/2021)
2021-03-05Minute Entry for proceedings held before Judge Randolph D. Moss: Telephonic Status Conference held on 3/5/2021. The parties shall meet and confer as to search terms. For the reasons stated on the record, a Joint Status Report is due by 3/19/2021. (Court Reporter: Jeff Hook.) (kt) (Entered: 03/05/2021)
2021-03-1861TRANSCRIPT OF TELEPHONIC STATUS CONFERENCE before Judge Randolph D. Moss held on March 5, 2021. Page Numbers: 1 - 54. Date of Issuance: March 18, 2021. Court Reporter: Jeff Hook. Telephone number: 202-354-3373. Transcripts may be ordered by submitting the Transcript Order Form For the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the cour t reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter. NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 4/8/2021. Redacted Transcript Deadline set for 4/18/2021. Release of Transcript Restriction set for 6/16/2021.(Hook, Jeff) (Entered: 03/18/2021)
2021-03-1962Joint STATUS REPORT by GOVERNMENT ACCOUNTABILITY PROJECT. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Shaw, Conor) (Entered: 03/19/2021)
2021-04-03MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 62 , it is hereby ORDERED that the parties shall, on or before April 9, 2021, submit to the Court a proposed order that: (1) memorializes the parties' agreement as expressed in paragraphs 3 through 12 of the status report, id. at 2-3; (2) contains a list of 21 filters, in addition to "IP3" and "Marshall Plan," that the Department of State shall use for future processing; (3) sets a production timeline of 500 responsive records per month; and (4) requires joint status reports filed with the Court on the final business day of the month, every other month, beginning in May 2021. Signed by Judge Randolph D. Moss on 4/3/2021. (lcrdm3) (Entered: 04/03/2021)
2021-04-0763MOTION to Clarify by U.S. DEPARTMENT OF STATE. (McBride, Patricia) (Entered: 04/07/2021)
2021-04-08MINUTE ORDER: Upon consideration of the Department of State's Motion to Clarify, Dkt. 63 , it is hereby ORDERED that the Motion is GRANTED. It is further ORDERED that the parties' proposed order due to the Court on or before April 9, 2021, shall set a production timeline of 500 responsive pages (not records) per month. Signed by Judge Randolph D. Moss on 4/8/2021. (lcrdm3) (Entered: 04/08/2021)
2021-04-0964STATUS REPORT by GOVERNMENT ACCOUNTABILITY PROJECT. (Attachments: # 1 Text of Proposed Order)(Shaw, Conor) (Entered: 04/09/2021)
2021-04-09MINUTE ORDER: The Department of State is hereby ORDERED to submit any response to Plaintiff's status report on or before April 9, 2021. To the extent the Department of State disagrees with Plaintiff's proposed order, it shall submit to the Court its own proposed order. Signed by Judge Randolph D. Moss on 4/9/2021. (lcrdm3) (Entered: 04/09/2021)
2021-04-0965STATUS REPORT by U.S. DEPARTMENT OF STATE. (Attachments: # 1 Text of Proposed Order)(McBride, Patricia) (Entered: 04/09/2021)
2021-04-1266ORDER: The parties are hereby ORDERED to abide by the production schedule and requirements specified herein. See document for details. Signed by Judge Randolph D. Moss on 4/12/2021. (lcrdm3) (Entered: 04/12/2021)
2021-04-26MINUTE ORDER: The Court previously stayed this case with respect to the Department of State because of the Department's difficulties in processing FOIA requests amidst the ongoing pandemic. See Minute Order (Mar. 31, 2020); Minute Order (May 6, 2020). In light of the Court's recent orders obligating the State Department to conduct searches and produce records responsive to Plaintiff's FOIA requests, see, e.g. , Order (Apr. 12, 2021), it is hereby ORDERED that the Department of State shall, on or before May 7, 2021, file a notice with the Court indicating whether the stay in this action can be lifted. Signed by Judge Randolph D. Moss on 4/26/2021. (lcrdm3) (Entered: 04/26/2021)
2021-05-0767NOTICE by U.S. DEPARTMENT OF STATE (McBride, Patricia) (Entered: 05/07/2021)
2021-05-0768STATUS REPORT by U.S. DEPARTMENT OF COMMERCE, U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF ENERGY, U.S. DEPARTMENT OF THE TREASURY. (McBride, Patricia) (Entered: 05/07/2021)
2021-05-07MINUTE ORDER: Upon consideration of the Department of State's Notice, Dkt. 67 , it is hereby ORDERED that this case is UNSTAYED. The Clerk of Court is directed to lift the stay in this case. Signed by Judge Randolph D. Moss on 5/7/2021. (lcrdm3) (Entered: 05/07/2021)
2021-05-1069MOTION to Clarify re Order,, Order lifting stay, by GOVERNMENT ACCOUNTABILITY PROJECT. (Attachments: # 1 Text of Proposed Order)(Weismann, Anne) (Entered: 05/10/2021)
2021-05-1470RESPONSE re 69 filed by U.S. DEPARTMENT OF STATE. (McBride, Patricia) Modified to add linkage on 5/17/2021 (ztd). (Entered: 05/14/2021)
2021-05-2871Joint STATUS REPORT by U.S. DEPARTMENT OF STATE. (McBride, Patricia) (Entered: 05/28/2021)
2021-07-0772MEMORANDUM OPINION AND ORDER: For the reasons stated herein, it is hereby ORDERED that (1) Plaintiff's motion for summary judgment, Dkt. 26 , is DENIED without prejudice; (2) Defendant the Central Intelligence Agency's ("CIA") motion for summary judgment, Dkt. 24 , is GRANTED in part and DENIED in part, without prejudice; (3) Plaintiff and the CIA shall, on or before August 20, 2021, file a joint status report with the Court proposing a schedule for further proceedings in this matter. See document for details. Signed by Judge Randolph D. Moss on 7/7/2021. (lcrdm3) (Entered: 07/07/2021)
2021-07-07MINUTE ORDER: Upon consideration of the Plaintiff's Motion to Clarify, Dkt. 70 , it is hereby ORDERED that the Motion is DENIED. The Department of State shall continue to process records at the rate established in the Court's Order of April 12, 2021. Dkt. 66 . It is further ORDERED that the Department of State shall file status reports with the Court on the first business day of each month hereafter, beginning in August 2021, informing the Court of its progress in returning to full operational capacity. Signed by Judge Randolph D. Moss on 7/7/2021. (lcrdm3) (Entered: 07/07/2021)
2021-08-0273STATUS REPORT by CENTRAL INTELLIGENCE AGENCY, U.S. DEPARTMENT OF COMMERCE, U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF ENERGY, U.S. DEPARTMENT OF STATE, U.S. DEPARTMENT OF THE TREASURY. (McBride, Patricia) (Entered: 08/02/2021)
2021-09-0274Joint STATUS REPORT by U.S. DEPARTMENT OF ENERGY, U.S. DEPARTMENT OF STATE. (McBride, Patricia) (Entered: 09/02/2021)
2021-10-0175STATUS REPORT by CENTRAL INTELLIGENCE AGENCY, U.S. DEPARTMENT OF ENERGY, U.S. DEPARTMENT OF STATE. (McBride, Patricia) (Entered: 10/01/2021)
2021-11-0276STATUS REPORT by CENTRAL INTELLIGENCE AGENCY, U.S. DEPARTMENT OF COMMERCE, U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF ENERGY, U.S. DEPARTMENT OF STATE, U.S. DEPARTMENT OF THE TREASURY. (McBride, Patricia) (Entered: 11/02/2021)
2021-12-0377STATUS REPORT by U.S. DEPARTMENT OF ENERGY, U.S. DEPARTMENT OF STATE. (McBride, Patricia) (Entered: 12/03/2021)
2022-01-2078NOTICE OF WITHDRAWAL OF APPEARANCE as to GOVERNMENT ACCOUNTABILITY PROJECT. Attorney Conor M. Shaw terminated. (Shaw, Conor) (Entered: 01/20/2022)
2022-02-0279MOTION for Summary Judgment by CENTRAL INTELLIGENCE AGENCY. (McBride, Patricia) (Entered: 02/02/2022)
2022-02-0380NOTICE of Filing Blaine Declaration by CENTRAL INTELLIGENCE AGENCY re 79 MOTION for Summary Judgment (Attachments: # 1 Declaration Blaine Declaration)(McBride, Patricia) (Entered: 02/03/2022)
2022-02-0881Joint STATUS REPORT by U.S. DEPARTMENT OF COMMERCE, U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF ENERGY, U.S. DEPARTMENT OF STATE, U.S. DEPARTMENT OF THE TREASURY. (McBride, Patricia) (Entered: 02/08/2022)
2022-02-0882MOTION for Briefing Schedule by GOVERNMENT ACCOUNTABILITY PROJECT. (Attachments: # 1 Text of Proposed Order)(Weismann, Anne) (Main Document 82 replaced to correct case number on 2/9/2022) (znmw). (Attachment 1 replaced on 2/9/2022) (znmw). (Entered: 02/08/2022)
2022-02-08MINUTE ORDER: Upon consideration of the motion for briefing schedule, Dkt. 82 , it is hereby ORDERED that the motion is GRANTED. It is further ORDERED that (1) Plaintiff shall file its opposition to the government's renewed motion for partial summary judgment on or before March 2, 2022; and (2) the government shall file its reply brief on or before March 29, 2022. Signed by Judge Randolph D. Moss on 2/8/2022. (lcrdm3) (Entered: 02/08/2022)
2022-03-0283Memorandum in opposition to re 79 MOTION for Summary Judgment filed by GOVERNMENT ACCOUNTABILITY PROJECT. (Attachments: # 1 Statement of Facts response, # 2 Text of Proposed Order)(Weismann, Anne) (Entered: 03/02/2022)
2022-03-0284Cross MOTION for Summary Judgment by GOVERNMENT ACCOUNTABILITY PROJECT. (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Text of Proposed Order)(Weismann, Anne) (Entered: 03/02/2022)
2022-03-1685Unopposed MOTION for Extension of Time to File Response/Reply by CENTRAL INTELLIGENCE AGENCY. (McBride, Patricia) (Entered: 03/16/2022)
2022-03-16MINUTE ORDER: Upon consideration of the unopposed motion for extension, Dkt. 85 , it is hereby ORDERED that the motion is GRANTED. It is further ORDERED that Defendant shall file its reply in support of summary judgment on or before April 5, 2022. Signed by Judge Randolph D. Moss on 03/16/2022. (lcrdm3) (Entered: 03/16/2022)
2022-04-0586REPLY to opposition to motion filed by CENTRAL INTELLIGENCE AGENCY. (McBride, Patricia) (Entered: 04/05/2022)
2022-04-1187Joint STATUS REPORT by U.S. DEPARTMENT OF COMMERCE, U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF ENERGY, U.S. DEPARTMENT OF STATE, U.S. DEPARTMENT OF THE TREASURY. (McBride, Patricia) (Entered: 04/11/2022)
2022-04-1288REPLY to opposition to motion re 84 Cross MOTION for Summary Judgment filed by GOVERNMENT ACCOUNTABILITY PROJECT. (Weismann, Anne) (Entered: 04/12/2022)
2022-06-0789Joint STATUS REPORT by U.S. DEPARTMENT OF ENERGY, U.S. DEPARTMENT OF STATE. (McBride, Patricia) (Entered: 06/07/2022)
2022-07-1390NOTICE Joint by GOVERNMENT ACCOUNTABILITY PROJECT (Weismann, Anne) (Entered: 07/13/2022)
2022-07-2091NOTICE of Appearance by Laura Adanma Iheanachor on behalf of GOVERNMENT ACCOUNTABILITY PROJECT (Iheanachor, Laura) (Entered: 07/20/2022)
2022-07-21NOTICE OF ERROR re 91 Notice of Appearance; emailed to liheanachor@citizensforethics.org, cc'd 8 associated attorneys -- The PDF file you docketed contained errors: 1. Please note the following deficiency and file/refile document as instructed , 2. Counsel directed to file an Errata containing the correct Plaintiff. (zjm, ) (Entered: 07/21/2022)
2022-09-0792Joint STATUS REPORT by U.S. DEPARTMENT OF ENERGY, U.S. DEPARTMENT OF STATE. (McBride, Patricia) (Entered: 09/07/2022)
2022-09-3093MEMORANDUM OPINION AND ORDER: For the reasons stated herein, it is hereby ORDERED that (1) the CIA's partial motion for summary judgment, Dkt. 79 , is GRANTED; and (2) that Plaintiff's renewed partial motion for summary judgment, Dkt. 84 , is DENIED. Signed by Judge Randolph D. Moss on 09/30/2022. (lcrdm3) (Entered: 09/30/2022)
2022-11-1494STATUS REPORT by U.S. DEPARTMENT OF COMMERCE, U.S. DEPARTMENT OF STATE. (McBride, Patricia) (Entered: 11/14/2022)
2022-11-21MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 94 , it is hereby ORDERED that the parties shall file a further joint status report on or before January 15, 2023. Signed by Judge Randolph D. Moss on 11/21/2022. (lcrdm3) (Entered: 11/21/2022)
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