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Case TitleSECRET v. FEDERAL BUREAU OF INVESTIGATION et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2020cv02175
Date Filed2020-08-10
Date ClosedOpen
JudgeJudge Jia M. Cobb
PlaintiffMOSI SECRET
Case DescriptionMosi Secret, a journalist, submitted a FOIA request to the FBI for records concerning the deceased racial justice activist Darren Seals. Secret also requested expedited processing, a fee waiver and inclusion in the news media fee category. The agency acknowledged receipt of the request. The agency granted Secret's request for inclusion in the news media fee category but denied his requests for expedited processing and a fee waiver. The agency told him that the estimated completion date for processing his request would be 1,432 days. After hearing nothing further from the agency, Secret filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Attorney's fees

DefendantFEDERAL BUREAU OF INVESTIGATION
DefendantDEPARTMENT OF JUSTICE
DefendantUS DEPT OF JUSTICE
DefendantU.S. DEPARTMENT OF JUSTICE
Documents
Docket
Complaint
Complaint attachment 1
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Complaint attachment 24
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2020-08-101COMPLAINT against DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF INVESTIGATION ( Filing fee $ 400 receipt number ADCDC-7443601) filed by MOSI SECRET. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Exhibit Exhibit C, # 4 Exhibit Exhibit D, # 5 Exhibit Exhibit E, # 6 Exhibit Exhibit F, # 7 Exhibit Exhibit G, # 8 Exhibit Exhibit H, # 9 Exhibit Exhibit I, # 10 Exhibit Exhibit J, # 11 Exhibit Exhibit K, # 12 Exhibit Exhibit L, # 13 Exhibit Exhibit M, # 14 Exhibit Exhibit N, # 15 Exhibit Exhibit O, # 16 Exhibit Exhibit P, # 17 Exhibit Exhibit Q, # 18 Exhibit Exhibit R, # 19 Exhibit Exhibit S, # 20 Exhibit Exhibit T, # 21 Exhibit Exhibit U, # 22 Exhibit Exhibit V, # 23 Civil Cover Sheet, # 24 Summons)(Townsend, KatieLynn) (Entered: 08/10/2020)
2020-08-10Case Assigned to Judge Ketanji Brown Jackson. (zsb) (Entered: 08/10/2020)
2020-08-182SUMMONS (4) Issued Electronically as to DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF INVESTIGATION, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(adh, ) (Entered: 08/18/2020)
2020-08-193GENERAL ORDER AND GUIDELINES APPLICABLE TO FOIA CASES ASSIGNED TO JUDGE KETANJI BROWN JACKSON. The Court will hold the parties and counsel responsible for following these directives, and parties and counsel should pay particular attention to the Court's instructions for processing and production of records, batching motions, and filing exhibits. Failure to adhere to this Order may, when appropriate, result the imposition of sanctions and/or sua sponte denial of non-conforming motions. Signed by Judge Ketanji Brown Jackson on 8/19/2020. (jag) (Entered: 08/19/2020)
2020-08-284RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. DEPARTMENT OF JUSTICE served on 8/27/2020; FEDERAL BUREAU OF INVESTIGATION served on 8/27/2020, RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 8/27/2020. ( Answer due for ALL FEDERAL DEFENDANTS by 9/26/2020.), RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 8/27/20. (Townsend, KatieLynn) (Entered: 08/28/2020)
2020-09-055NOTICE of Appearance by Joseph F. Carilli, Jr on behalf of All Defendants (Carilli, Joseph) (Entered: 09/05/2020)
2020-09-086NOTICE of Appearance by Adam Alexander Marshall on behalf of MOSI SECRET (Marshall, Adam) (Entered: 09/08/2020)
2020-09-107NOTICE of Appearance by Gunita Singh on behalf of MOSI SECRET (Singh, Gunita) (Entered: 09/10/2020)
2020-09-248NOTICE of Intent to File Answer by DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF INVESTIGATION (Carilli, Joseph) (Entered: 09/24/2020)
2020-09-289ANSWER to Complaint by DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF INVESTIGATION.(Carilli, Joseph) (Entered: 09/28/2020)
2020-11-05MINUTE ORDER. Before the Court in this FOIA case are a complaint and an answer. It is hereby ORDERED that the parties shall review this Court's 3 General Order and Guidelines Applicable to FOIA Cases, and promptly confer and file a joint proposed schedule for disclosure or briefing motions for summary judgment, on or before 11/19/2020. Signed by Judge Ketanji Brown Jackson on 11/4/2020. (jag) (Entered: 11/05/2020)
2020-11-1910Joint STATUS REPORT by DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF INVESTIGATION. (Carilli, Joseph) (Entered: 11/19/2020)
2020-11-20MINUTE ORDER. In light of the representations in the parties' 10 Joint Status Report, it is hereby ORDERED that, on or before 2/5/2021, the parties shall file a further joint status report, which shall include a proposed schedule for further proceedings if litigation is going to be necessary. Signed by Judge Ketanji Brown Jackson on 11/20/2020. (jag) (Entered: 11/20/2020)
2021-02-0511Joint STATUS REPORT by DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF INVESTIGATION. (Attachments: # 1 Exhibit)(Carilli, Joseph) (Entered: 02/05/2021)
2021-02-11MINUTE ORDER. In light of the representations in the parties' 11 Joint Status Report, it is hereby ORDERED that, on or before 4/21/2021, the parties shall file a further joint status report, which shall include a proposed schedule for further proceedings if litigation is going to be necessary. Signed by Judge Ketanji Brown Jackson on 2/11/2021. (jag) (Entered: 02/11/2021)
2021-04-2112Joint STATUS REPORT by MOSI SECRET. (Townsend, KatieLynn) (Entered: 04/21/2021)
2021-04-25MINUTE ORDER. In light of the representations in the parties' 12 Joint Status Report, it is hereby ORDERED that, on or before 7/8/2021, the parties shall file a further joint status report, which shall include a proposed schedule for further proceedings if litigation is going to be necessary. Signed by Judge Ketanji Brown Jackson on 4/25/2021. (jag) (Entered: 04/25/2021)
2021-06-29Judge Ketanji Brown Jackson has been elevated to serveon the U.S. Court of Appeals for the D.C. Circuit. She is therefore nolonger assigned to this case, and this matter has been reassigned to theCalendar Committee, which will oversee it until it is assigned toanother district judge. Any questions should be directed to JudgeJackson's former deputy clerk, Gwendolyn Franklin, at 202-354-3145or gwen_franklin@dcd.uscourts.gov. (rj) (Entered: 06/29/2021)
2021-07-0813Joint STATUS REPORT by MOSI SECRET. (Townsend, KatieLynn) (Entered: 07/08/2021)
2021-07-12MINUTE ORDER (paperless), upon consideration of the parties' 13 Joint Status Report, DIRECTING the parties to submit, by October 6, 2021, a joint status report advising the Court whether any disputes remain between the parties and, if so, proposing a schedule to govern further proceedings in this matter. Signed by Chief Judge Beryl A. Howell on July 9, 2021. (lcbah2) (Entered: 07/12/2021)
2021-07-12Set/Reset Deadlines: Joint Status Report due by 10/6/2021. (zgdf) (Entered: 07/12/2021)
2021-10-0614Joint STATUS REPORT by MOSI SECRET. (Townsend, KatieLynn) (Entered: 10/06/2021)
2021-10-07MINUTE ORDER (paperless), upon consideration of the parties' 14 Joint Status Report, DIRECTING the parties to submit, by January 4, 2022, a joint status report advising the Court whether any disputes remain between the parties and, if so, proposing a schedule to govern further proceedings in this matter. Signed by Chief Judge Beryl A. Howell on October 7, 2021. (lcbah2) (Entered: 10/07/2021)
2021-10-07Set/Reset Deadlines: Joint Status Report due by 1/4/2022. (zacr) (Entered: 10/08/2021)
2021-11-15Case directly reassigned to Judge Jia M. Cobb. Judge Ketanji Brown Jackson has been appointed to the D.C. Circuit and is no longer assigned to the case. (rj) (Entered: 11/15/2021)
2022-01-0415Joint STATUS REPORT by MOSI SECRET. (Townsend, KatieLynn) (Entered: 01/04/2022)
2022-01-05MINUTE ORDER re 15 Joint Status Report: The Court has reviewed the Joint Status Report and directs the Parties to file another joint status report by March 15, 2022. Signed by Judge Jia M. Cobb on January 5, 2022. (lcjmc1) (Entered: 01/05/2022)
2022-03-1516Joint STATUS REPORT by MOSI SECRET. (Marshall, Adam) (Entered: 03/15/2022)
2022-03-16MINUTE ORDER: The Court has reviewed 16 Joint Status Report and directs the Parties to file another joint status report by April 15, 2022. Signed by Judge Jia M. Cobb on March 16, 2022. (lcjmc1) (Entered: 03/16/2022)
2022-04-1517Joint STATUS REPORT by MOSI SECRET. (Attachments: # 1 Text of Proposed Order)(Townsend, KatieLynn) (Entered: 04/15/2022)
2022-04-19MINUTE ORDER re 17 Eighth Joint Status Report: Having considered the joint status report and for good cause shown, the Parties' proposed schedule is adopted. Defendants' motion for summary judgment is due by June 30, 2022; Plaintiff's combined cross-motion and opposition to Defendants' motion for summary judgment is due by August 1, 2022; Defendants' combined opposition and reply is due by September 20, 2022; and Plaintiff's reply is due by October 14, 2022. Signed by Judge Jia M. Cobb on April 19, 2022. (lcjmc1) (Entered: 04/19/2022)
2022-06-2418Consent MOTION for Extension of Time to File Motion for Summary Judgment by DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF INVESTIGATION. (Moustakas, John) (Entered: 06/24/2022)
2022-06-28MINUTE ORDER granting 18 Motion for Extension of Time: Upon consideration of Defendants' Consent Motion, and for good cause shown, the Court ORDERS that the Motion is GRANTED. Defendants' Motion for Summary Judgment is now due by July 21, 2022, and Plaintiff's Opposition/Cross-Motion for Summary Judgment is now due by August 29, 2022. The deadline for Defendants' Reply/Opposition to Cross-Motion for Summary Judgment remains September 20, 2022, and the deadline for Plaintiff's Reply remains October 14, 2022. Signed by Judge Jia M. Cobb on June 28, 2022. (lcjmc2) (Entered: 06/28/2022)
2022-06-29Set/Reset Deadlines: Cross Motion due by 8/29/2022. (zgdf) (Entered: 06/29/2022)
2022-07-2119Consent MOTION for Extension of Time to File by DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF INVESTIGATION. (Moustakas, John) (Entered: 07/21/2022)
2022-07-25MINUTE ORDER granting 19 Motion for Extension of Time: Upon Consideration of Defendants' Consent Motion to Extend Time for FilingMotion for Summary Judgment, the motion is GRANTED. It is ORDERED that Defendants' Motion for Summary Judgment is due by July 26, 2022; Plaintiff's Opposition/Cross-Motion for Summary Judgment is due by September 1, 2022; Defendant's Reply/Opposition to Cross-Motion for Summary Judgment is due by September 20, 2022; and Plaintiff's Reply to Defendant's Opposition to Cross-Motion for Summary Judgment is due by October 14, 2022. Signed by Judge Jia M. Cobb on July 25, 2022. (lcjmc3) (Entered: 07/25/2022)
2022-07-2620MOTION for Summary Judgment and Supporting Memorandum of Law by DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF INVESTIGATION. (Attachments: # 1 Statement of Facts Statement of Facts, Declaration, Exhibits)(Moustakas, John) (Entered: 07/26/2022)
2022-09-0121Cross MOTION for Summary Judgment by MOSI SECRET. (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Declaration of Katie Townsend, # 4 Declaration of Mosi Secret, # 5 Text of Proposed Order)(Townsend, KatieLynn) (Entered: 09/01/2022)
2022-09-0122Memorandum in opposition to re 20 Motion for Summary Judgment filed by MOSI SECRET. (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Declaration of Katie Townsend, # 4 Declaration of Mosi Secret, # 5 Text of Proposed Order)(Townsend, KatieLynn) (Entered: 09/01/2022)
2022-09-0123MOTION In Camera Review by MOSI SECRET. (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order)(Townsend, KatieLynn) (Entered: 09/01/2022)
2022-09-1324NOTICE Regarding Unsealing of Records by MOSI SECRET (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Townsend, KatieLynn) (Entered: 09/13/2022)
2022-09-2025Consent MOTION for Extension of Time to File Response/Reply in Support of Motion for Summary Judgment and Opposition to Cross-Motion by DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF INVESTIGATION. (Moustakas, John) (Entered: 09/20/2022)
2022-09-23MINUTE ORDER granting 25 Consent Motion for Extension of Time to File Reply/Response: Upon consideration of Defendants' Consent Motion for Extension of Time to File Reply in Support of 20 Defendants' Motion for Summary Judgment and Opposition to 21 Plaintiff's Cross Motion for Summary Judgment, and for good cause shown, it is ORDERED the Motion is GRANTED. Defendants will file the Reply and Opposition by October 20, 2022. Plaintiff will file a Reply by November 14, 2022. Signed by Judge Jia M. Cobb on September 23, 2022. (lcjmc2) (Entered: 09/23/2022)
2022-10-1926Consent MOTION for Extension of Time to File Response/Reply in Support of Defendant's Motion for Summary Judgment and Opposition to Plaintiff's Cross-Motion for Summary Judgment by FEDERAL BUREAU OF INVESTIGATION, US DEPT OF JUSTICE. (Moustakas, John) (Entered: 10/19/2022)
2022-10-19MINUTE ORDER granting Defendants' 26 Consent Motion for Extension of Time to File Response/Reply. Upon consideration of the Motion and for good cause shown, the Court GRANTS the Motion. Defendants will file a Reply in Support of Defendants' Motion for Summary Judgment and Opposition to Plaintiff's Cross-Motion for Summary Judgment by December 5, 2022. Plaintiff will file a Reply in Support of his Cross-Motion for Summary Judgment by January 19, 2023. Signed by Judge Jia M. Cobb on October 19, 2022. (lcjmc2) (Entered: 10/19/2022)
2022-12-0627Consent MOTION for Extension of Time to File Response/Reply by FEDERAL BUREAU OF INVESTIGATION, US DEPT OF JUSTICE. (Moustakas, John) (Entered: 12/06/2022)
2022-12-06MINUTE ORDER granting 27 Defendants' Consent Motion for Extension of Time to File Reply Brief/Opposition: Upon consideration of the Motion and for good cause shown, the Court GRANTS the Motion. Defendants will file a Reply in Support of Defendants' Motion for Summary Judgment and Opposition to Plaintiff's Cross-Motion for Summary Judgment by December 7, 2022. Plaintiff will file a Reply in Support of his Cross-Motion for Summary Judgment by January 21, 2023. Signed by Judge Jia M. Cobb on December 6, 2022. (lcjmc2) (Entered: 12/06/2022)
2022-12-0728MOTION for Extension of Time to File Reply and Opposition to Cross-Motion by FEDERAL BUREAU OF INVESTIGATION, US DEPT OF JUSTICE. (Moustakas, John) (Entered: 12/07/2022)
2022-12-08MINUTE ORDER granting 28 Defendants' Revised Motion for Extension of Time to File Reply Brief/Opposition: Upon consideration of Defendants' Motion and for good cause shown, the Court GRANTS the Motion. Though Plaintiff has indicated he would oppose the Motion, the reasons provided by Defendants satisfy the good-cause standard. Defendants will file a Reply in Support of Defendants' Motion for Summary Judgment and Opposition to Plaintiff's Cross-Motion for Summary Judgment by December 13, 2022. Plaintiff will file a Reply in Support of his Cross-Motion for Summary Judgment by January 27, 2023. Signed by Judge Jia M. Cobb on December 8, 2022. (lcjmc2) (Entered: 12/08/2022)
2022-12-1329MOTION for Extension of Time to File Response/Reply by FEDERAL BUREAU OF INVESTIGATION, US DEPT OF JUSTICE. (Moustakas, John) (Entered: 12/13/2022)
2022-12-1430REPLY to opposition to motion re 20 MOTION for Summary Judgment for summary judgment filed by FEDERAL BUREAU OF INVESTIGATION, US DEPT OF JUSTICE. (Attachments: # 1 Declaration Second Seidel Declaration, # 2 Exhibit A part 1, # 3 Exhibit A part 2, # 4 Exhibit A part 3, # 5 Exhibit A part 4)(Moustakas, John) Modified on 12/19/2022 to add docket link (zjm). (Entered: 12/14/2022)
2022-12-1432Memorandum in opposition to re 21 Motion for Summary Judgment, filed by FEDERAL BUREAU OF INVESTIGATION, US DEPT OF JUSTICE. (See Docket Entry 30 to view document) (zjm) (Entered: 12/19/2022)
2022-12-15MINUTE ORDER granting 29 Defendants' Unopposed Motion for Extension of Time to File: Upon consideration of the Motion, it is hereby ORDERED that the Motion is GRANTED nunc pro tunc. Defendants will file a Reply in Support of Defendants' Motion for Summary Judgment and Opposition to Plaintiff's Cross-Motion for Summary Judgment by December 14, 2022. Plaintiff will file a Reply in Support of his Cross-Motion for Summary Judgment by January 30, 2023. Signed by Judge Jia M. Cobb on December 15, 2022. (lcjmc2) (Entered: 12/15/2022)
2022-12-1631ERRATA by FEDERAL BUREAU OF INVESTIGATION, US DEPT OF JUSTICE. (Attachments: # 1 Exhibit Defendants Corrected Reply In Support Of Motion For Summary Judgment And Opposition To Plaintiffs Cross-Motion For Summary Judgment)(Moustakas, John) (Entered: 12/16/2022)
2023-01-1733Consent MOTION for Leave to File Excess Pages by MOSI SECRET. (Attachments: # 1 Text of Proposed Order)(Townsend, KatieLynn) (Entered: 01/17/2023)
2023-01-17MINUTE ORDER granting 33 Plaintiff's Consent Motion for Leave to File Excess Pages: Upon consideration of Plaintiff's Consent Motion, it isORDERED that the Motion is GRANTED. Plaintiff's Reply brief in support of his Cross-Motion for Summary Judgment may exceed the page limit set forth in Local Civil Rule 7(e) by no more than 10 additional pages. Signed by Judge Jia M. Cobb on January 17, 2023. (lcjmc2) (Entered: 01/17/2023)
2023-01-3034REPLY to opposition to motion re 21 Cross MOTION for Summary Judgment filed by MOSI SECRET. (Attachments: # 1 Declaration of Katie Townsend)(Townsend, KatieLynn) (Entered: 01/30/2023)
2023-01-3035REPLY to opposition to motion re 23 MOTION In Camera Review filed by MOSI SECRET. (Townsend, KatieLynn) (Entered: 01/30/2023)
2024-02-0236NOTICE of Appearance by Fithawi Berhane on behalf of All Defendants (Berhane, Fithawi) (Entered: 02/02/2024)
2024-03-1137NOTICE OF SUPPLEMENTAL AUTHORITY by MOSI SECRET (Attachments: # 1 Exhibit A)(Townsend, KatieLynn) (Entered: 03/11/2024)
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