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Case TitleBIERLY v. DEPARTMENT OF DEFENSE et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2023cv02386
Date Filed2023-08-16
Date ClosedOpen
JudgeJudge Royce C. Lamberth
PlaintiffGRANT BIERLY
Case DescriptionGrant Bierly submitted FOIA requests to the Department Defense for records concerning the suspension of his security clearance. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Bierly filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees, Adequacy - Search

DefendantDEPARTMENT OF DEFENSE
DefendantDEFENSE COUNTERINTELLIGENCE AND SECURITY AGENCY
DefendantDEPARTMENT OF AIR FORCE
DefendantNATIONAL SECURITY AGENCY
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
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2023-08-161COMPLAINT GRANT BIERLY against All Defendants ( Filing fee $ 402 receipt number ADCDC-10282457) filed by GRANT BIERLY. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit Exhibits Part 1, # 3 Exhibit Exhibits Part 2, # 4 Summons Attorney General, # 5 Summons DCSA, # 6 Summons DoD, # 7 Summons NSA, # 8 Summons USADC, # 9 Summons USAF)(O'Brien, Brett) (Attachment 1 replaced on 8/17/2023) (zrtw). (Entered: 08/16/2023)
2023-08-17Case Assigned to Judge Royce C. Lamberth. (zrtw) (Entered: 08/17/2023)
2023-08-172SUMMONS (6) Issued Electronically as to DEFENSE COUNTERINTELLIGENCE AND SECURITY AGENCY, DEPARTMENT OF AIR FORCE, DEPARTMENT OF DEFENSE, NATIONAL SECURITY AGENCY, U.S. Attorney and U.S. Attorney General (zrtw). (Additional attachment(s) added on 8/25/2023: # 1 Notice and Consent) (zljn). (Entered: 08/17/2023)
2023-08-223ERRATA to correct Exhibits by GRANT BIERLY re 1 Complaint,. (Attachments: # 1 Exhibit)(O'Brien, Brett) (Entered: 08/22/2023)
2023-09-064RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 08/28/2023. (O'Brien, Brett) (Entered: 09/06/2023)
2023-09-145RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. NATIONAL SECURITY AGENCY served on 8/31/2023 (O'Brien, Brett) (Entered: 09/14/2023)
2023-09-216RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. DEPARTMENT OF AIR FORCE served on 9/13/2023 (O'Brien, Brett) (Entered: 09/21/2023)
2023-09-277RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. DEPARTMENT OF DEFENSE served on 8/28/2023 (O'Brien, Brett) (Entered: 09/27/2023)
2023-09-278RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. DEFENSE COUNTERINTELLIGENCE AND SECURITY AGENCY served on 8/28/2023 (O'Brien, Brett) (Entered: 09/27/2023)
2023-10-199Consent MOTION for Extension of Time to Answer or Otherwise Respond to Complaint by DEFENSE COUNTERINTELLIGENCE AND SECURITY AGENCY, DEPARTMENT OF AIR FORCE, DEPARTMENT OF DEFENSE, NATIONAL SECURITY AGENCY. (Attachments: # 1 Proposed Order)(Simon, Jeremy) (Entered: 10/19/2023)
2023-10-2310ORDER granting Motion 9 for Extension of Time to Answer or Otherwise Respond. Answer due by 11/30/2023. Signed by Judge Royce C. Lamberth on 10/20/2023. (lcrcl2) (Entered: 10/23/2023)
2023-11-2911Consent MOTION for Extension of Time to Answer or Otherwise Respond to the Complaint by DEFENSE COUNTERINTELLIGENCE AND SECURITY AGENCY, DEPARTMENT OF AIR FORCE, DEPARTMENT OF DEFENSE, NATIONAL SECURITY AGENCY. (Attachments: # 1 Proposed Order)(Simon, Jeremy) (Entered: 11/29/2023)
2023-11-2912MOTION for Briefing Schedule by GRANT BIERLY. (Attachments: # 1 Text of Proposed Order)(O'Brien, Brett) (Entered: 11/29/2023)
2023-11-3013ORDER granting Motion 11 for Extension of Time to Answer or Respond. Answer or Response due by 12/22/2023. Signed by Judge Royce C. Lamberth on 11/30/2023. (lcrcl2) (Entered: 11/30/2023)
2023-11-3014ORDER granting Motion 12 for Briefing Schedule. See Order for details. Signed by Judge Royce C. Lamberth on 11/30/2023. (lcrcl2) (Entered: 11/30/2023)
2023-12-2215MOTION to Dismiss in Part and Supporting Memorandum by DEFENSE COUNTERINTELLIGENCE AND SECURITY AGENCY, DEPARTMENT OF AIR FORCE, DEPARTMENT OF DEFENSE, NATIONAL SECURITY AGENCY. (Attachments: # 1 Proposed Order, # 2 Declaration of Maria Lilly)(Simon, Jeremy) (Entered: 12/22/2023)
2023-12-2816Consent MOTION for Extension of Time to File Response/Reply as to 15 MOTION to Dismiss in Part and Supporting Memorandum by GRANT BIERLY. (Attachments: # 1 Text of Proposed Order)(O'Brien, Brett) (Entered: 12/28/2023)
2024-01-0217ORDER granting Motion 16 for Extension of Time. Plaintiff will file opposition to Defendant's Motion to Dismiss by 1/15/2024. All other deadlines remain unchanged. Signed by Judge Royce C. Lamberth on 1/2/2024. (lcrcl2) (Entered: 01/02/2024)
2024-01-1018Consent MOTION for Extension of Time to File Response/Reply as to 15 MOTION to Dismiss in Part and Supporting Memorandum by GRANT BIERLY. (Attachments: # 1 Text of Proposed Order)(O'Brien, Brett) (Entered: 01/10/2024)
2024-01-1219ORDER granting Motion 18 for Extension of Time. See Order for details. Signed by Judge Royce C. Lamberth on 1/12/2024. (lcrcl2) (Entered: 01/12/2024)
2024-01-2220MOTION for Partial Summary Judgment by GRANT BIERLY. (Attachments: # 1 Statement of Facts, # 2 Exhibit)(O'Brien, Brett) Modified event on 1/23/2024 (znmw). (Entered: 01/22/2024)
2024-01-2221RESPONSE re 15 MOTION to Dismiss in Part and Supporting Memorandum filed by GRANT BIERLY. (Attachments: # 1 Exhibit)(O'Brien, Brett) (Entered: 01/22/2024)
2024-02-2322Consent MOTION for Extension of Time to File Combined Reply, Opposition and Cross-Motion by DEFENSE COUNTERINTELLIGENCE AND SECURITY AGENCY, DEPARTMENT OF AIR FORCE, DEPARTMENT OF DEFENSE, NATIONAL SECURITY AGENCY. (Attachments: # 1 Proposed Order)(Simon, Jeremy) (Entered: 02/23/2024)
2024-02-2723ORDER granting Motion 22 for Extension of Time. See Order for details. Signed by Judge Royce C. Lamberth on 2/27/2024. (lcrcl2) (Entered: 02/27/2024)
2024-03-1224Cross MOTION for Summary Judgment by DEFENSE COUNTERINTELLIGENCE AND SECURITY AGENCY, DEPARTMENT OF AIR FORCE, DEPARTMENT OF DEFENSE, NATIONAL SECURITY AGENCY. (Attachments: # 1 Supporting Memorandum, # 2 Defendants' Local Rule 7(h) Statement, # 3 Defendants' Response to Plaintiff's Local Rule 7(h) Statement, # 4 Proposed Order, # 5 Declaration of Charles D. Watters, # 6 Declaration of Deronda K. Newton, # 7 Declaration of Stephen Furstenberg)(Simon, Jeremy) (Entered: 03/12/2024)
2024-03-1225Memorandum in opposition to re 20 Motion for Partial Summary Judgment (combined with cross motion for summary judgment and reply in support of motion to dismiss in part) (duplicate of docket entry no. 24) filed by DEFENSE COUNTERINTELLIGENCE AND SECURITY AGENCY, DEPARTMENT OF AIR FORCE, DEPARTMENT OF DEFENSE, NATIONAL SECURITY AGENCY. (Attachments: # 1 Supporting Memoranadum, # 2 Defendant's Local Rule 7(h) Statement, # 3 Defendant's Response to Plaintiff's Local Rule 7(h) Statement, # 4 Proposed Order, # 5 Declaration of Charles D. Watters, # 6 Declaration of Deronda K. Newton, # 7 Declaration of Stephen Furstenberg)(Simon, Jeremy) (Entered: 03/12/2024)
2024-03-1226REPLY to opposition to motion re 15 MOTION to Dismiss in Part and Supporting Memorandum (combined with cross motion for summary judgment and opposition to plaintiff's motion for partial summary judgment) (duplicate of docket entry nos. 24 and 25) filed by DEFENSE COUNTERINTELLIGENCE AND SECURITY AGENCY, DEPARTMENT OF AIR FORCE, DEPARTMENT OF DEFENSE, NATIONAL SECURITY AGENCY. (Attachments: # 1 Supporting Memorandum, # 2 Defendants' Local Rule 7(h) Statement, # 3 Defendants' Response to Plaintiff's Local Rule 7(h) Statement, # 4 Proposed Order, # 5 Declaration of Charles D. Watters, # 6 Declaration of Deronda K. Newton, # 7 Declaration of Stephen Furstenberg)(Simon, Jeremy) (Entered: 03/12/2024)
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by FOIA Project Staff
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