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Case TitleSTEELE v. DEPARTMENT OF DEFENSE et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2022cv03604
Date Filed2022-11-30
Date ClosedOpen
JudgeJudge Carl J. Nichols
PlaintiffDAVID STEELE
Case DescriptionDavid Steele submitted FOIA requests to the Department of Defense and the CIA for records concerning the reason for why he was denied a security clearance. The agencies acknowledged receipt of the requests. After hearing anything further from the agencies, Steele filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Attorney's fees

DefendantDEPARTMENT OF DEFENSE
DefendantDEFENSE COUNTERINTELLIGENCE AND SECURITY AGENCY
DefendantMATTHEW M. GRAVES
DefendantJOHN DOES 1-10 Federal Government Employee
DefendantJOHN DOES 1-10 Federal Government Employee
TERMINATED: 01/12/2023
DefendantUS ATTORNEY GENERAL
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2022-11-301COMPLAINT against All Defendants DoD, DCSA ( Filing fee $ 402 receipt number ADCDC-9702823) filed by DAVID STEELE. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit, # 3 Summons DoD, # 4 Summons DCSA, # 5 Summons US Attorney DC, # 6 Summons Attorney General US)(O'Brien, Brett) (Entered: 11/30/2022)
2022-11-302Emergency MOTION for Temporary Restraining Order DEFENDANTS by DAVID STEELE. (Attachments: # 1 Memorandum in Support, # 2 Exhibit, # 3 Declaration, # 4 Certificate of Service)(O'Brien, Brett) (Entered: 11/30/2022)
2022-11-30Case Assigned to Judge Carl J. Nichols. (zmrl) (Entered: 11/30/2022)
2022-11-303SUMMONS (4) Issued Electronically as to All Defendants, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(zmrl) (Entered: 11/30/2022)
2022-11-30MINUTE ORDER. Upon review of Plaintiff's 2 Emergency Motion for a Temporary Restraining Order, it is ORDERED that the Parties shall appear for a telephonic hearing on December 1, 2022 at 3:00 PM. It is further ORDERED that Plaintiff shall send this Minute Order to Defendants via electronic mail. Signed by Judge Carl J. Nichols on November 30, 2022. (lccjn2) (Entered: 11/30/2022)
2022-12-01Set/Reset Hearings: Telephonic TRO Hearing set for 12/1/2022 at 3:00 PM before Judge Carl J. Nichols. (zkh) (Entered: 12/01/2022)
2022-12-01Minute Entry for proceedings held before Judge Carl J. Nichols: Telephonic Ex Parte TRO Hearing held on 12/1/2022. Plaintiff's oral argument heard and taken under advisement. (Court Reporter: Timothy Miller) (zkh) (Entered: 12/01/2022)
2022-12-014NOTICE of Appearance by Brian P. Hudak on behalf of DEFENSE COUNTERINTELLIGENCE AND SECURITY AGENCY, DEPARTMENT OF DEFENSE, MATTHEW M. GRAVES, US ATTORNEY GENERAL (Hudak, Brian) (Entered: 12/01/2022)
2022-12-015NOTICE of Non-Compliance by DEFENSE COUNTERINTELLIGENCE AND SECURITY AGENCY, DEPARTMENT OF DEFENSE, MATTHEW M. GRAVES, US ATTORNEY GENERAL (Attachments: # 1 Exhibit A (Emails), # 2 Exhibit B (Deryck, 22-3290 - TRO Denial Order))(Hudak, Brian) (Entered: 12/01/2022)
2022-12-016NOTICE of Appearance by Bradley Silverman on behalf of DEFENSE COUNTERINTELLIGENCE AND SECURITY AGENCY, DEPARTMENT OF DEFENSE, MATTHEW M. GRAVES, US ATTORNEY GENERAL (Silverman, Bradley) (Entered: 12/01/2022)
2022-12-017ORDER granting 2 Emergency Motion for Temporary Restraining Order. Signed by Judge Carl J. Nichols on December 1, 2022. (lccjn2) (Entered: 12/01/2022)
2022-12-058MOTION to Vacate 7 Order on Motion for TRO, Set/Reset Deadlines by DEFENSE COUNTERINTELLIGENCE AND SECURITY AGENCY, DEPARTMENT OF DEFENSE, MATTHEW M. GRAVES, US ATTORNEY GENERAL. (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order, # 3 Ex. A, Directive 5220.6, # 4 Ex. B, Manual 5200.02)(Silverman, Bradley) (Entered: 12/05/2022)
2022-12-05MINUTE ORDER. Upon review of Defendants' 8 Motion to Dissolve TRO, it is ORDERED that Plaintiff shall file a response by 3:00 PM on December 6, 2022. Signed by Judge Carl J. Nichols on December 5, 2022. (lccjn2) (Entered: 12/05/2022)
2022-12-06Set/Reset Deadlines: Plaintiff's Response due by 12/6/202. (zkh) (Entered: 12/06/2022)
2022-12-069ENTERED IN ERROR.....RESPONSE TO ORDER OF THE COURT re Order filed by DAVID STEELE. (O'Brien, Brett) Modified on 12/7/2022 (zjm). (Entered: 12/06/2022)
2022-12-06MINUTE ORDER. It is ORDERED that the Court's December 5, 2022 Minute Order is MODIFIED such that Plaintiff shall file a response to Defendants' 8 Motion to Dissolve TRO by 9:00 AM on December 7, 2022. It is further ORDERED that the Court's 7 Order Granting Emergency Motion for TRO is MODIFIED such that Plaintiff's deadline to respond to the Statement of Reasons is suspended until December 8, 2022, at 5:00 PM. Signed by Judge Carl J. Nichols on December 6, 2022. (lccjn2) (Entered: 12/06/2022)
2022-12-0710Memorandum in opposition to re 8 Motion to Vacate, filed by DAVID STEELE. (Attachments: # 1 Exhibit)(O'Brien, Brett) (Entered: 12/07/2022)
2022-12-07MINUTE ORDER. Upon review of Plaintiff's 10 Memorandum in Opposition, it is ORDERED that Defendants shall file a reply by 5:00 PM on December 7, 2022. Signed by Judge Carl J. Nichols on December 7, 2022. (lccjn2) (Entered: 12/07/2022)
2022-12-07NOTICE OF ERROR regarding 9 Response to Order of the Court. The following error(s) need correction: Incorrect format (Letter)- correspondence is not permitted (LCvR 5.1(a)). Please refile. (zjm) (Entered: 12/07/2022)
2022-12-0711ENTERED IN ERROR.....RESPONSE re 8 MOTION to Vacate 7 Order on Motion for TRO, Set/Reset Deadlines filed by DAVID STEELE. (Attachments: # 1 Exhibit)(O'Brien, Brett) Modified on 12/13/2022 (ztth). (Entered: 12/07/2022)
2022-12-0712REPLY to opposition to motion re 8 MOTION to Vacate 7 Order on Motion for TRO, Set/Reset Deadlines filed by DEFENSE COUNTERINTELLIGENCE AND SECURITY AGENCY, DEPARTMENT OF DEFENSE, MATTHEW M. GRAVES, US ATTORNEY GENERAL. (Silverman, Bradley) (Entered: 12/07/2022)
2022-12-0813ORDER granting 8 Motion to Vacate. Signed by Judge Carl J. Nichols on December 8, 2022. (lccjn2) (Entered: 12/08/2022)
2022-12-13NOTICE OF ERROR regarding 11 Response to motion. The following error(s) need correction: Incorrect format (Letter) - correspondence is not permitted (LCvR 5.1(a)). Please refile. (ztth) (Entered: 12/13/2022)
2023-01-0914Unopposed MOTION to Amend/Correct 1 Complaint, by DAVID STEELE. (Attachments: # 1 Amended Complaint, # 2 Exhibit, # 3 Text of Proposed Order)(O'Brien, Brett) (Entered: 01/09/2023)
2023-01-12MINUTE ORDER. Upon review of the 14 Consent Motion for Leave to File Amended Complaint and to Extend Time, it is ORDERED that the Motion is GRANTED. It is further ORDERED that Defendants shall answer or otherwise respond to the Amended Complaint on or before March 10, 2023. Signed by Judge Carl J. Nichols on January 12, 2023. (lccjn2) (Entered: 01/12/2023)
2023-01-1216AMENDED COMPLAINT against DEFENSE COUNTERINTELLIGENCE AND SECURITY AGENCY, DEPARTMENT OF DEFENSE filed by DAVID STEELE.(zed) (Entered: 03/13/2023)
2023-03-0915Consent MOTION to Amend/Correct Amended Complaint (See attachment #1) by DAVID STEELE. (Attachments: # 1 Motion to Amend, # 2 Errata, # 3 Text of Proposed Order, # 4 Exhibit)(O'Brien, Brett) Modified on 3/13/2023 (znmw). (Entered: 03/09/2023)
2023-03-16MINUTE ORDER. Upon review of Plaintiff's 15 Consent Motion to Amend Complaint and Extend Time, it is ORDERED that the Motion is GRANTED. It is further ORDERED that Defendants shall answer or otherwise respond to the amended complaint on or before March 31, 2023. Signed by Judge Carl J. Nichols on March 16, 2023. (lccjn2) (Entered: 03/16/2023)
2023-03-2117NOTICE of Appearance by Bradley Silverman on behalf of All Defendants (Silverman, Bradley) (Entered: 03/21/2023)
2023-03-3118ANSWER to Complaint (Answer to Second Amended Complaint, ECF No. 15) by DEFENSE COUNTERINTELLIGENCE AND SECURITY AGENCY, DEPARTMENT OF DEFENSE, JOHN DOES 1-10.(Silverman, Bradley) (Entered: 03/31/2023)
2023-04-05MINUTE ORDER. Before the Court in this Freedom of Information Act case are an Amended Complaint and an Answer. Pursuant to Local Civil Rule 16.3, the requirements of Federal Rule of Civil Procedure 26(f) are inapplicable. It is hereby ORDERED that the Parties shall confer and file a Joint Status Report on or before April 28, 2023. The Joint Status Report shall address: (1) the status of Plaintiff's FOIA request; (2) the anticipated number of documents responsive to Plaintiff's FOIA request; (3) the anticipated date(s) for release of the documents requested by Plaintiff; (4) whether a motion for stay is likely under Open America v. Watergate Special Prosecution Force , 547 F.2d 605 (D.C. Cir. 1976); (5) the possibility of prioritizing documents responsive to Plaintiff's requests and any discussions regarding whether Plaintiff's request can be narrowed; and (6) whether the Parties anticipate summary judgment briefing and, if so, a proposed briefing schedule. Signed by Judge Carl J. Nichols on April 5, 2023. (lccjn2) (Entered: 04/05/2023)
2023-06-3019Joint STATUS REPORT by DEFENSE COUNTERINTELLIGENCE AND SECURITY AGENCY, DEPARTMENT OF DEFENSE. (Silverman, Bradley) (Entered: 06/30/2023)
2023-07-05MINUTE ORDER. Upon review of the 19 Joint Status Report, it is ORDERED that the Parties shall file an additional joint status report on or before July 31, 2023, and every 60 days thereafter until either Party moves for a briefing schedule for dispositive motions, files a dispositive motion, or the case is terminated. Signed by Judge Carl J. Nichols on July 5, 2023. (lccjn2) (Entered: 07/05/2023)
2023-07-3120Joint STATUS REPORT by DEFENSE COUNTERINTELLIGENCE AND SECURITY AGENCY, DEPARTMENT OF DEFENSE. (Silverman, Bradley) (Entered: 07/31/2023)
2023-09-2921Joint STATUS REPORT by DEFENSE COUNTERINTELLIGENCE AND SECURITY AGENCY, DEPARTMENT OF DEFENSE. (Silverman, Bradley) (Entered: 09/29/2023)
2023-11-2822Joint STATUS REPORT by DEFENSE COUNTERINTELLIGENCE AND SECURITY AGENCY, DEPARTMENT OF DEFENSE. (Silverman, Bradley) (Entered: 11/28/2023)
2024-01-15MINUTE ORDER. Upon review of the 22 Joint Status Report, the Court will institute a summary judgment briefing schedule. It is ORDERED that Defendants shall file their motion for summary judgment on or before January 24, 2024; Plaintiff shall file his response and cross motion on or before March 1, 2024; Defendants shall file their reply and cross response on or before April 2, 2024; and Plaintiff shall file his cross reply on or before May 14, 2024. (lccjn2) (Entered: 01/15/2024)
2024-01-1723Consent MOTION for Extension of Time to File Summary Judgment Briefing by DEFENSE COUNTERINTELLIGENCE AND SECURITY AGENCY, DEPARTMENT OF DEFENSE. (Silverman, Bradley) (Entered: 01/17/2024)
2024-01-29MINUTE ORDER. The Consent Motion for Extension of Time is GRANTED. It is further ORDERED that Defendants shall file their motion for summary judgment on or before March 4, 2024; Plaintiff shall file his response and cross motion on or before April 10, 2024; Defendants shall file their reply and cross response on or before May 13, 2024; and Plaintiff shall file his cross reply on or before June 24, 2024. So ORDERED by Judge Carl J. Nichols on January 29, 2024. (lccjn2) (Entered: 01/29/2024)
2024-02-2824Consent MOTION for Extension of Time to File Summary Judgment Briefing by DEFENSE COUNTERINTELLIGENCE AND SECURITY AGENCY, DEPARTMENT OF DEFENSE. (Silverman, Bradley) (Entered: 02/28/2024)
2024-03-04MINUTE ORDER. The 24 Consent Motion for Extension of Time is GRANTED. It is further ORDERED that Defendants shall file their motion for summary judgment on or before April 3, 2024; Plaintiff shall file his response and cross motion on or before May 10, 2024; Defendants shall file their reply and cross response on or before June 12, 2024; and Plaintiff shall file his cross reply on or before July 24, 2024. So ORDERED by Judge Carl J. Nichols on March 4, 2024. (lccjn2) (Entered: 03/04/2024)
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