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Case TitleEDDINGTON v. NATIONAL SECURITY AGENCY et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2019cv02947
Date Filed2019-10-01
Date ClosedOpen
JudgeJudge Timothy J. Kelly
PlaintiffPATRICK EDDINGTON
Case DescriptionPatrick Eddington, a researcher at the Cato Institute, submitted a FOIA request to the National Security Agency for records concerning the implementation and efficacy of the USA-FREEDOM Act. Eddington also requested expedited processing and a fee waiver. The agency acknowledged receipt of the request and denied Eddington's request for expedited processing. Eddington filed an administrative appeal of the denial of expedited processing. After hearing nothing further from the agency, Eddington filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Attorney's fees

DefendantNATIONAL SECURITY AGENCY
DefendantU.S. DEPARTMENT OF DEFENSE
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2019-10-011COMPLAINT against NATIONAL SECURITY AGENCY, U.S. DEPARTMENT OF DEFENSE ( Filing fee $ 400 receipt number 0090-6410684) filed by PATRICK EDDINGTON. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Civil Cover Sheet, # 5 Summons)(Burday, Joshua) (Entered: 10/01/2019)
2019-10-012NOTICE of Appearance by Joshua Hart Burday on behalf of PATRICK EDDINGTON (Burday, Joshua) (Entered: 10/01/2019)
2019-10-07Case Assigned to Judge Timothy J. Kelly. (zed, ) (Entered: 10/07/2019)
2019-10-073SUMMONS (4) Issued Electronically as to NATIONAL SECURITY AGENCY, U.S. DEPARTMENT OF DEFENSE, U.S. Attorney and U.S. Attorney General. (Attachments: # 1 Notice and Consent)(zed, ) (Entered: 10/07/2019)
2019-10-244NOTICE of Appearance by Katherine Boyd Palmer-Ball on behalf of All Defendants (Palmer-Ball, Katherine) (Entered: 10/24/2019)
2019-11-045RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. NATIONAL SECURITY AGENCY served on 10/15/2019 (Burday, Joshua) (Entered: 11/04/2019)
2019-11-046RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF DEFENSE served on 10/15/2019 (Burday, Joshua) (Entered: 11/04/2019)
2019-11-047RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 10/15/2019. (Burday, Joshua) (Entered: 11/04/2019)
2019-11-048RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 10/17/2019. Answer due for ALL FEDERAL DEFENDANTS by 11/16/2019. (Burday, Joshua) (Entered: 11/04/2019)
2019-11-189ANSWER to Complaint by NATIONAL SECURITY AGENCY, U.S. DEPARTMENT OF DEFENSE.(Palmer-Ball, Katherine) (Entered: 11/18/2019)
2019-11-19MINUTE 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 disclosure or briefing by December 18, 2019. Signed by Judge Timothy J. Kelly on 11/19/19. (lctjk2) (Entered: 11/19/2019)
2019-11-19Set/Reset Deadlines: Proposed Schedule for Disclosure or Briefing due by 12/18/2019. (zkh) (Entered: 11/19/2019)
2019-12-1810Joint STATUS REPORT by NATIONAL SECURITY AGENCY, U.S. DEPARTMENT OF DEFENSE. (Attachments: # 1 Text of Proposed Order)(Palmer-Ball, Katherine) (Entered: 12/18/2019)
2019-12-19MINUTE ORDER: Upon consideration of the parties' 10 Joint Status Report, it is hereby ORDERED that the parties shall file a joint proposed schedule for disclosure or briefing by January 21, 2020. Signed by Judge Timothy J. Kelly on 12/19/19. (lctjk2) (Entered: 12/19/2019)
2019-12-19Set/Reset Deadlines: Joint Proposed Briefing Schedule or Disclosure due by 1/21/2020. (zkh) (Entered: 12/19/2019)
2020-01-2111Joint STATUS REPORT by NATIONAL SECURITY AGENCY, U.S. DEPARTMENT OF DEFENSE. (Attachments: # 1 Text of Proposed Order)(Palmer-Ball, Katherine) (Entered: 01/21/2020)
2020-01-27MINUTE ORDER: Upon consideration of the parties' 11 Joint Status Report, it is hereby ORDERED that the following schedule will govern further proceedings: (1) Defendants shall file their motion for judgment on the pleadings by February 18, 2020; (2) Plaintiff shall file his opposition to Defendants' motion and his cross-motion by March 17, 2020; (3) Defendants shall file their opposition to Plaintiff's cross-motion and their reply in support of their motion by April 7, 2020; and (4) Plaintiff shall file his reply in support of his cross-motion by April 21, 2020. Signed by Judge Timothy J. Kelly on 1/27/20. (lctjk2) (Entered: 01/27/2020)
2020-02-1812MOTION for Judgment on the Pleadings by NATIONAL SECURITY AGENCY, U.S. DEPARTMENT OF DEFENSE (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order)(Palmer-Ball, Katherine) (Entered: 02/18/2020)
2020-03-1713MOTION for Extension of Time to Plaintiff's Unopposed Motion for Extension of Time by PATRICK EDDINGTON (Attachments: # 1 Text of Proposed Order)(Burday, Joshua) (Entered: 03/17/2020)
2020-03-17MINUTE ORDER granting, for good cause shown, Plaintiff's 13 Unopposed Motion for Extension of Time. It is hereby ORDERED that the following schedule will govern further proceedings, unless a stipulation of dismissal is filed sooner: (1) Plaintiff shall file his opposition to Defendants' motion and his cross-motion by May 1, 2020; (2) Defendants shall file their opposition to Plaintiff's cross-motion and their reply in support of their motion by May 22, 2020; and (3) Plaintiff shall file his reply in support of his cross-motion by June 12, 2020. Signed by Judge Timothy J. Kelly on 3/17/20. (lctjk2) (Entered: 03/17/2020)
2020-04-1614MOTION to Stay Proceedings by NATIONAL SECURITY AGENCY, U.S. DEPARTMENT OF DEFENSE (Attachments: # 1 Exhibit A, # 2 Text of Proposed Order)(Palmer-Ball, Katherine) (Entered: 04/16/2020)
2020-04-16MINUTE ORDER denying without prejudice Defendants' 12 Motion for Judgment on the Pleadings and denying Defendants' 14 Motion to Stay Proceedings. Upon consideration of Defendants' representations in their Motion, including that the parties reached agreement regarding the scope of [Plaintiff's] modified [FOIA] request," ECF No. 14 at 2, as well as the impact of the COVID-19 pandemic on the operation of Defendant NSA's FOIA office, see ECF No. 14-1, it is hereby ORDERED that (1) Defendants' 12 Motion for Judgment on the Pleadings is DENIED without prejudice; (2) Defendants' 14 Motion to Stay Proceedings is DENIED; and (3) the parties shall file a joint status report regarding the operation of Defendant NSA's FOIA office and its progress searching and producing records responsive to Plaintiff's modified request by May 15, 2020, and every thirty days thereafter, until the Court orders otherwise. Signed by Judge Timothy J. Kelly on 4/16/20. (lctjk2) (Entered: 04/16/2020)
2020-05-1515Joint STATUS REPORT by NATIONAL SECURITY AGENCY, U.S. DEPARTMENT OF DEFENSE. (Palmer-Ball, Katherine) (Entered: 05/15/2020)
2020-06-1516Joint STATUS REPORT by PATRICK EDDINGTON. (Burday, Joshua) (Entered: 06/15/2020)
2020-07-1517Joint STATUS REPORT by NATIONAL SECURITY AGENCY, U.S. DEPARTMENT OF DEFENSE. (Palmer-Ball, Katherine) (Entered: 07/15/2020)
2020-08-1418Joint STATUS REPORT by NATIONAL SECURITY AGENCY, U.S. DEPARTMENT OF DEFENSE. (Palmer-Ball, Katherine) (Entered: 08/14/2020)
2020-09-1419Joint STATUS REPORT by NATIONAL SECURITY AGENCY, U.S. DEPARTMENT OF DEFENSE. (Palmer-Ball, Katherine) (Entered: 09/14/2020)
2020-10-1420Joint STATUS REPORT by NATIONAL SECURITY AGENCY, U.S. DEPARTMENT OF DEFENSE. (Palmer-Ball, Katherine) (Entered: 10/14/2020)
2020-11-1321Joint STATUS REPORT by NATIONAL SECURITY AGENCY, U.S. DEPARTMENT OF DEFENSE. (Palmer-Ball, Katherine) (Entered: 11/13/2020)
2020-12-1422Joint STATUS REPORT by NATIONAL SECURITY AGENCY, U.S. DEPARTMENT OF DEFENSE. (Palmer-Ball, Katherine) (Entered: 12/14/2020)
2021-01-1323Joint STATUS REPORT by NATIONAL SECURITY AGENCY, U.S. DEPARTMENT OF DEFENSE. (Palmer-Ball, Katherine) (Entered: 01/13/2021)
2021-02-1224Joint STATUS REPORT by NATIONAL SECURITY AGENCY, U.S. DEPARTMENT OF DEFENSE. (Palmer-Ball, Katherine) (Entered: 02/12/2021)
2021-03-1525Joint STATUS REPORT by NATIONAL SECURITY AGENCY, U.S. DEPARTMENT OF DEFENSE. (Palmer-Ball, Katherine) (Entered: 03/15/2021)
2021-04-1426Joint STATUS REPORT by NATIONAL SECURITY AGENCY, U.S. DEPARTMENT OF DEFENSE. (Palmer-Ball, Katherine) (Entered: 04/14/2021)
2021-05-1427Joint STATUS REPORT by NATIONAL SECURITY AGENCY, U.S. DEPARTMENT OF DEFENSE. (Palmer-Ball, Katherine) (Entered: 05/14/2021)
2021-06-1428Joint STATUS REPORT by NATIONAL SECURITY AGENCY, U.S. DEPARTMENT OF DEFENSE. (Palmer-Ball, Katherine) (Entered: 06/14/2021)
2021-07-1429Joint STATUS REPORT by NATIONAL SECURITY AGENCY, U.S. DEPARTMENT OF DEFENSE. (Palmer-Ball, Katherine) (Entered: 07/14/2021)
2021-08-1130NOTICE OF SUBSTITUTION OF COUNSEL by Thomas Anthony Quinn on behalf of All Defendants Substituting for attorney Katherine Palmer-Ball (Quinn, Thomas) (Entered: 08/11/2021)
2021-08-1331Joint STATUS REPORT by NATIONAL SECURITY AGENCY, U.S. DEPARTMENT OF DEFENSE. (Quinn, Thomas) (Entered: 08/13/2021)
2021-09-1332Joint STATUS REPORT by NATIONAL SECURITY AGENCY, U.S. DEPARTMENT OF DEFENSE. (Quinn, Thomas) (Entered: 09/13/2021)
2021-10-1333Joint STATUS REPORT by NATIONAL SECURITY AGENCY, U.S. DEPARTMENT OF DEFENSE. (Quinn, Thomas) (Entered: 10/13/2021)
2021-11-1234Joint STATUS REPORT by NATIONAL SECURITY AGENCY, U.S. DEPARTMENT OF DEFENSE. (Quinn, Thomas) (Entered: 11/12/2021)
2021-12-1335Joint STATUS REPORT by NATIONAL SECURITY AGENCY, U.S. DEPARTMENT OF DEFENSE. (Quinn, Thomas) (Entered: 12/13/2021)
2022-01-1236Joint STATUS REPORT by NATIONAL SECURITY AGENCY, U.S. DEPARTMENT OF DEFENSE. (Quinn, Thomas) (Entered: 01/12/2022)
2022-01-2137NOTICE of Appearance by Matthew Topic on behalf of PATRICK EDDINGTON (Topic, Matthew) (Entered: 01/21/2022)
2022-01-2138MOTION to Withdraw as Attorney by PATRICK EDDINGTON. (Attachments: # 1 Text of Proposed Order)(Topic, Matthew) (Entered: 01/21/2022)
2022-02-07MINUTE ORDER granting 38 Motion to Withdraw as Counsel. Upon consideration of the 38 Motion to Withdraw, the Court concludes that counsel's withdrawal would not "unduly delay trial of the case, or be unfairly prejudicial to any party, or otherwise not be in the interest of justice." LCvR 83.6(d). Thus, it is hereby ORDERED that the 38 Motion is GRANTED, and Joshua Hart Burday is permitted to withdraw from his representation of Plaintiff. Signed by Judge Timothy J. Kelly on 02/07/2022. (lctjk2) (Entered: 02/07/2022)
2022-02-1439Joint STATUS REPORT by NATIONAL SECURITY AGENCY, U.S. DEPARTMENT OF DEFENSE. (Quinn, Thomas) (Entered: 02/14/2022)
2022-03-1140NOTICE of Appearance by Joshua Loevy on behalf of PATRICK EDDINGTON (Loevy, Joshua) (Entered: 03/11/2022)
2022-03-1441Joint STATUS REPORT by NATIONAL SECURITY AGENCY, U.S. DEPARTMENT OF DEFENSE. (Quinn, Thomas) (Entered: 03/14/2022)
2022-04-1442Joint STATUS REPORT by NATIONAL SECURITY AGENCY, U.S. DEPARTMENT OF DEFENSE. (Quinn, Thomas) (Entered: 04/14/2022)
2022-05-1643Joint STATUS REPORT by NATIONAL SECURITY AGENCY, U.S. DEPARTMENT OF DEFENSE. (Quinn, Thomas) (Entered: 05/16/2022)
2022-06-1644Joint STATUS REPORT by NATIONAL SECURITY AGENCY, U.S. DEPARTMENT OF DEFENSE. (Quinn, Thomas) (Entered: 06/16/2022)
2022-07-1545STATUS REPORT by PATRICK EDDINGTON. (Loevy, Joshua) (Entered: 07/15/2022)
2022-08-1546Joint STATUS REPORT by NATIONAL SECURITY AGENCY, U.S. DEPARTMENT OF DEFENSE. (Quinn, Thomas) (Entered: 08/15/2022)
2022-09-1547Joint STATUS REPORT by NATIONAL SECURITY AGENCY, U.S. DEPARTMENT OF DEFENSE. (Quinn, Thomas) (Entered: 09/15/2022)
2022-10-1448Joint STATUS REPORT by NATIONAL SECURITY AGENCY, U.S. DEPARTMENT OF DEFENSE. (Quinn, Thomas) (Entered: 10/14/2022)
2022-11-1449Joint STATUS REPORT by NATIONAL SECURITY AGENCY, U.S. DEPARTMENT OF DEFENSE. (Quinn, Thomas) (Entered: 11/14/2022)
2022-12-1450Joint STATUS REPORT by NATIONAL SECURITY AGENCY, U.S. DEPARTMENT OF DEFENSE. (Quinn, Thomas) (Entered: 12/14/2022)
2023-01-1751Joint STATUS REPORT by NATIONAL SECURITY AGENCY, U.S. DEPARTMENT OF DEFENSE. (Quinn, Thomas) (Entered: 01/17/2023)
2023-02-1452Joint STATUS REPORT by NATIONAL SECURITY AGENCY, U.S. DEPARTMENT OF DEFENSE. (Quinn, Thomas) (Entered: 02/14/2023)
2023-03-0153NOTICE of Appearance by Merrick Jason Wayne on behalf of PATRICK EDDINGTON (Wayne, Merrick) (Entered: 03/01/2023)
2023-03-1454Joint STATUS REPORT by NATIONAL SECURITY AGENCY, U.S. DEPARTMENT OF DEFENSE. (Quinn, Thomas) (Entered: 03/14/2023)
2023-04-1355Joint STATUS REPORT by NATIONAL SECURITY AGENCY, U.S. DEPARTMENT OF DEFENSE. (Quinn, Thomas) (Entered: 04/13/2023)
2023-05-1556Joint STATUS REPORT by NATIONAL SECURITY AGENCY, U.S. DEPARTMENT OF DEFENSE. (Quinn, Thomas) (Entered: 05/15/2023)
2023-06-1457Joint STATUS REPORT by NATIONAL SECURITY AGENCY, U.S. DEPARTMENT OF DEFENSE. (Truong, John) (Entered: 06/14/2023)
2023-07-1458Joint STATUS REPORT by NATIONAL SECURITY AGENCY, U.S. DEPARTMENT OF DEFENSE. (Truong, John) (Entered: 07/14/2023)
2023-07-1459Joint MOTION to Modify Court's April 16, 2020 Minute Order by NATIONAL SECURITY AGENCY, U.S. DEPARTMENT OF DEFENSE. (Truong, John) (Entered: 07/14/2023)
2023-07-16MINUTE ORDER granting 58 59 Joint Motion to Modify Court Order. Upon consideration of the parties' 58 59 Joint Status Report and Motion to Modify Court Order, it is hereby ORDERED that the 58 59 Joint Motion is GRANTED. It is further ORDERED that parties shall file a joint status report regarding the operation of Defendant NSA's FOIA office and its progress searching and producing records responsive to Plaintiff's modified request by September 14, 2023, and every sixty days thereafter, until the Court orders otherwise. Signed by Judge Timothy J. Kelly on 7/16/2023. (lctjk2) (Entered: 07/16/2023)
2023-07-1760NOTICE OF SUBSTITUTION OF COUNSEL by Fithawi Berhane on behalf of All Defendants Substituting for attorney John Truong and Thomas Quinn (Berhane, Fithawi) (Entered: 07/17/2023)
2023-09-1461Joint STATUS REPORT by NATIONAL SECURITY AGENCY, U.S. DEPARTMENT OF DEFENSE. (Berhane, Fithawi) (Entered: 09/14/2023)
2023-11-1362Joint STATUS REPORT by NATIONAL SECURITY AGENCY, U.S. DEPARTMENT OF DEFENSE. (Berhane, Fithawi) (Entered: 11/13/2023)
2024-01-1263Joint STATUS REPORT by NATIONAL SECURITY AGENCY, U.S. DEPARTMENT OF DEFENSE. (Berhane, Fithawi) (Entered: 01/12/2024)
2024-03-2564Joint STATUS REPORT by NATIONAL SECURITY AGENCY, U.S. DEPARTMENT OF DEFENSE. (Berhane, Fithawi) (Entered: 03/25/2024)
2024-06-2465Joint STATUS REPORT by NATIONAL SECURITY AGENCY, U.S. DEPARTMENT OF DEFENSE. (Berhane, Fithawi) (Entered: 06/24/2024)
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