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Case TitleWITTES et al v. FEDERAL BUREAU OF INVESTIGATION
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2019cv03773
Date Filed2019-12-18
Date Closed2020-11-11
JudgeJudge Amy Berman Jackson
PlaintiffBENJAMIN WITTES
PlaintiffSCOTT R. ANDERSON
Case DescriptionBenjamin Wittes and Scott Anderson, editors of Lawfare, submitted two FOIA requests to the FBI for records. Their first FOIA request asked for records concerning any accusations of misconduct against any FBI employee for participating in partisan politics. Their second FOIA request focused on a PowerPoint presentation given to senior officials making specific reference to former FBI employees Lisa Page and Peter Strzok. Wittes and Anderson then made 16 additional FOIA requests for records containing employees' negative statements referring to either Donald Trump or Hillary Clinton. Wittes and Anderson also requested expedited processing and fee waivers for all their requests. The agency acknowledged receipt of the requests. After hearing nothing further from the agency Wittes and Anderson filed suit.
Complaint issues: Public Interest Fee Waiver, Litigation - Vaughn index, Adequacy - Search, Failure to respond within statutory time limit, Litigation - Attorney's fees

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

2019-12-181COMPLAINT against FEDERAL BUREAU OF INVESTIGATION ( Filing fee $ 400 receipt number ADCDC-6658806) filed by BENJAMIN WITTES, SCOTT R. ANDERSON. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P, # 17 Exhibit Q, # 18 Exhibit R, # 19 Exhibit S, # 20 Exhibit T, # 21 Exhibit U, # 22 Civil Cover Sheet, # 23 Summons to FBI, # 24 Summons to U.S. Attorney General, # 25 Summons to U.S. Attorney for D.C.)(Litt, Robert) (Entered: 12/18/2019)
2019-12-182REQUEST FOR SUMMONS TO ISSUE to F.B.I. filed by BENJAMIN WITTES, SCOTT R. ANDERSON. (Attachments: # 1 Summons U.S Attorney General, # 2 Summons U.S. Attorney for D.C.)(Litt, Robert) (Entered: 12/18/2019)
2019-12-19Case Assigned to Judge Amy Berman Jackson. (adh, ) (Entered: 12/19/2019)
2019-12-193SUMMONS (3) Issued Electronically as to FEDERAL BUREAU OF INVESTIGATION, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(adh, ) (Entered: 12/19/2019)
2020-01-084RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. FEDERAL BUREAU OF INVESTIGATION served on 12/23/2019 (Litt, Robert) (Entered: 01/08/2020)
2020-01-085RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 12/20/2019. (Litt, Robert) (Entered: 01/08/2020)
2020-01-086RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 12/20/2019. Answer due for ALL FEDERAL DEFENDANTS by 1/19/2020. (Litt, Robert) (Entered: 01/08/2020)
2020-01-217ANSWER to Complaint by FEDERAL BUREAU OF INVESTIGATION.(Field, Brian) (Entered: 01/21/2020)
2020-01-228ORDER. Before the Court in this FOIA case are a complaint and an answer. The requirements of Local Civil Rule 16.3 and Rule 26(f) of the Federal Rules of Civil Procedure appear to be inapplicable. Defendant shall file a dispositive motion or, in the alternative, a report setting forth the schedule for the completion of its production of documents to plaintiffs, on or before February 19, 2020. See Order for details. SO ORDERED. Signed by Judge Amy Berman Jackson on 1/22/2020. (lcabj2) (Entered: 01/22/2020)
2020-02-119AMENDED COMPLAINT against All Defendants filed by BENJAMIN WITTES, SCOTT R. ANDERSON. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P, # 17 Exhibit Q, # 18 Exhibit R, # 19 Exhibit S, # 20 Exhibit T, # 21 Exhibit U, # 22 Certificate of Service)(Litt, Robert) (Entered: 02/11/2020)
2020-02-1910Joint STATUS REPORT by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE. (Field, Brian) (Entered: 02/19/2020)
2020-02-20MINUTE ORDER. The parties must file a joint status report by March 20, 2020. SO ORDERED. Signed by Judge Amy Berman Jackson on 2/20/20. (lcabj2) (Entered: 02/20/2020)
2020-02-2511ANSWER to 9 Amended Complaint,, by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE.(Field, Brian) (Entered: 02/25/2020)
2020-02-2712ORDER. Before the Court in this FOIA case are a complaint and an answer. The requirements of Local Civil Rule 16.3 and Rule 26(f) of the Federal Rules of Civil Procedure appear to be inapplicable. Defendant shall file a dispositive motion or, in the alternative, a report setting forth the schedule for the completion of its production of documents to plaintiffs, on or before March 27, 2020. See Order for complete details. SO ORDERED. Signed by Judge Amy Berman Jackson on 2/27/2020. (lcabj2) (Entered: 02/27/2020)
2020-03-2013Joint STATUS REPORT by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE. (Field, Brian) (Entered: 03/20/2020)
2020-03-24MINUTE ORDER. The Court commends the parties for their flexibility and patience. The parties must submit a joint status report by April 20, 2020. SO ORDERED. Signed by Judge Amy Berman Jackson on 3/24/2020. (lcabj2) (Entered: 03/24/2020)
2020-04-2014Joint STATUS REPORT by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE. (Field, Brian) (Entered: 04/20/2020)
2020-04-21MINUTE ORDER. The parties must submit a joint status report by May 20, 2020. SO ORDERED. Signed by Judge Amy Berman Jackson on 4/21/2020. (lcabj2) (Entered: 04/21/2020)
2020-05-2015Joint STATUS REPORT by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE. (Field, Brian) (Entered: 05/20/2020)
2020-05-21MINUTE ORDER. The parties must submit a joint status report by June 19, 2020. SO ORDERED. Signed by Judge Amy Berman Jackson on 5/21/2020. (lcabj2) (Entered: 05/21/2020)
2020-06-1916Joint STATUS REPORT by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE. (Field, Brian) (Entered: 06/19/2020)
2020-06-19MINUTE ORDER. The parties must submit a joint status report by July 20, 2020. SO ORDERED. Signed by Judge Amy Berman Jackson on 6/19/2020. (lcabj2) (Entered: 06/19/2020)
2020-07-2017Joint STATUS REPORT by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE. (Field, Brian) (Entered: 07/20/2020)
2020-07-22MINUTE ORDER. The parties must submit a joint status report by August 26, 2020. SO ORDERED. Signed by Judge Amy Berman Jackson on 7/22/2020. (lcabj2) (Entered: 07/22/2020)
2020-08-2618Joint STATUS REPORT by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE. (Field, Brian) (Entered: 08/26/2020)
2020-08-28MINUTE ORDER. The parties must submit a joint status report by September 9, 2020. If and when the parties propose a motions briefing schedule, it should be in the form of: defendant's motion for summary judgment; plaintiffs' opposition and cross-motion for summary judgment, if any, supported by a single memorandum; defendant's reply and cross-opposition, if any, supported by a single memorandum; and plaintiffs' cross-reply, if necessary. SO ORDERED. Signed by Judge Amy Berman Jackson on 8/28/2020. (lcabj2) (Entered: 08/28/2020)
2020-09-0919Joint STATUS REPORT by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE. (Field, Brian) (Entered: 09/09/2020)
2020-09-09MINUTE ORDER. The parties must submit a joint status report to the Court by September 18, 2020. If the status report contains a scheduling for briefing dispositive motions, it must be in the preferred four-pleading format as described in this Court's minute order issued on August 28, 2020. SO ORDERED. Signed by Judge Amy Berman Jackson on 9/9/2020. (lcabj2) (Entered: 09/09/2020)
2020-09-1820Joint STATUS REPORT by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE. (Field, Brian) (Entered: 09/18/2020)
2020-09-21MINUTE ORDER. The parties must submit a joint status report to the Court by September 25, 2020. Signed by Judge Amy Berman Jackson on 9/21/2020. (lcabj2) (Entered: 09/21/2020)
2020-09-2521Joint STATUS REPORT by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE. (Field, Brian) (Entered: 09/25/2020)
2020-09-29MINUTE ORDER. The parties must submit a joint status report to the Court by November 13, 2020. SO ORDERED. Signed by Judge Amy Berman Jackson on 9/29/2020. (lcabj2) (Entered: 09/29/2020)
2020-11-1022STIPULATION of Dismissal by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE. (Field, Brian) (Entered: 11/10/2020)
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