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DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2023cv03810
Date Filed2023-12-22
Date ClosedOpen
JudgeJudge Timothy J. Kelly
Case DescriptionThe Heritage Foundation submitted a FOIA request to the CIA for records concerning letters sent by members of the Senate and the House to ask the CIA to investigate allegations that members of the CIA's COVID discovery team were given financial incentives to change their assessment of the origin of COVID-19. The Heritage Foundation also requested expedited processing and a fee waiver. The agency acknowledged receipt of the request but after hearing nothing further from the agency, the Heritage Foundation filed suit.
Complaint issues: Failure to respond within statutory time limit, Expedited processing, Adequacy - Search, Litigation - Vaughn index, Litigation - Attorney's fees

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User-contributed Documents
Docket Events (Hide)
Date FiledDoc #Docket Text

2023-12-221COMPLAINT against All Defendants ( Filing fee $ 405 receipt number ADCDC-10579386) filed by HERITAGE FOUNDATION, MIKE HOWELL. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Exhibit 1, # 6 Exhibit 2, # 7 Exhibit 3, # 8 Exhibit 4, # 9 Exhibit 5, # 10 Exhibit 6)(Dewey, Samuel) (Entered: 12/22/2023)
2023-12-26Case Assigned to Judge Timothy J. Kelly. (zsl) (Entered: 12/26/2023)
2024-01-022SUMMONS (3) Issued Electronically as to CENTRAL INTELLIGENCE AGENCY, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(zdp) (Entered: 01/02/2024)
2024-02-013ANSWER to Complaint by CENTRAL INTELLIGENCE AGENCY.(Simon, Jeremy) (Entered: 02/01/2024)
2024-02-054ANSWER to Complaint (Amended Answer) by CENTRAL INTELLIGENCE AGENCY.(Simon, Jeremy) (Entered: 02/05/2024)
2024-02-055NOTICE of Appearance by Eric Neal Cornett on behalf of HERITAGE FOUNDATION, MIKE HOWELL (Cornett, Eric) (Main Document 5 replaced on 2/6/2024) (znmw). (Entered: 02/05/2024)
2024-02-06MINUTE 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, by February 20, 2024, a joint proposed schedule for briefing or disclosure. Signed by Judge Timothy J. Kelly on 2/6/2024. (lctjk3) (Entered: 02/06/2024)
2024-02-096MOTION for Extension of Time to File Proposed Schedule by CENTRAL INTELLIGENCE AGENCY. (Attachments: # 1 Proposed Order)(Simon, Jeremy) (Entered: 02/09/2024)
2024-02-097ENTERED IN ERROR.....NOTICE of Intent to File Opposition by HERITAGE FOUNDATION, MIKE HOWELL re 6 Motion for Extension of Time to (Dewey, Samuel) Modified on 2/12/2024 (znmw). (Entered: 02/09/2024)
2024-02-118RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 1/2/2024. Answer due for ALL FEDERAL DEFENDANTS by 2/1/2024. (Dewey, Samuel) (Entered: 02/11/2024)
2024-02-129Memorandum in opposition to re 6 Motion for Extension of Time to filed by HERITAGE FOUNDATION, MIKE HOWELL. (Dewey, Samuel) (Entered: 02/12/2024)
2024-02-1210DECLARATION of Samuel Everett Dewey by HERITAGE FOUNDATION, MIKE HOWELL re 9 Memorandum in Opposition. (Attachments: # 1 Exhibit Dewey Decl. Ex. 1, # 2 Exhibit Dewey Decl. Ex. 2, # 3 Exhibit Dewey Decl. Ex. 3, # 4 Exhibit Dewey Decl. Ex. 4)(Dewey, Samuel) (Entered: 02/12/2024)
2024-02-12NOTICE OF ERROR regarding 7 Notice (Other). The following error(s) need correction: Incorrect format (Letter)- correspondence is not permitted (LCvR 5.1(a)). Please refile. (znmw) (Entered: 02/12/2024)
2024-02-13MINUTE ORDER granting in part and denying in part Defendant's 6 Motion for Extension of Time. On February 6, 2024, the Court ordered that the parties meet, confer, and file a joint proposed schedule for briefing and disclosure by February 20, 2024. Defendant moves to extend that deadline by one week, which Plaintiffs oppose. Federal Rule of Civil Procedure 6(b)(1) provides: "When an act may or must be done within a specified time, the court may, for good cause, extend the time[.]" Considering counsel's and his client's availability, the forthcoming holiday weekend, and Plaintiff's opposition, the Court finds that good cause exists for a short, three-day extension until February 23, 2024. Accordingly, it is hereby ORDERED that Defendant's 6 Motion for Extension of Time is GRANTED IN PART and DENIED IN PART. It is further ORDERED that the parties' deadline to meet, confer, and file a joint proposed schedule for briefing and disclosure is EXTENDED to February 23, 2024. Signed by Judge Timothy J. Kelly on 2/13/2024. (lctjk3) (Entered: 02/13/2024)
2024-02-2311Joint STATUS REPORT by CENTRAL INTELLIGENCE AGENCY. (Simon, Jeremy) (Entered: 02/23/2024)
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