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Case TitleLOWY et al v. FEDERAL BUREAU OF INVESTIGATION et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2023cv00721
Date Filed2023-03-16
Date ClosedOpen
JudgeJudge Jia M. Cobb
PlaintiffKAREN LOWY
PlaintiffDANIEL JAFFE
Case DescriptionKaren Lowy and Daniel Jaffe submitted a FOIA request to the FBI for records concerning the investigation of the school shooting at the Edmund Burke School in Northwest Washington. Lowy and Jaffe were victims of the shooting. The FBI acknowledged receipt of the request and divided it into four separate requests. The FBI then issued a Glomar response under the privacy exemptions. After hearing nothing further from the agency, Lowy and Jaffe filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantFEDERAL BUREAU OF INVESTIGATION
DefendantUNITED STATES DEPARTMENT OF JUSTICE
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
Complaint attachment 10
Complaint attachment 11
Complaint attachment 12
Complaint attachment 13
Complaint attachment 14
Complaint attachment 15
Complaint attachment 16
Complaint attachment 17
Complaint attachment 18
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2023-03-161COMPLAINT for Declaratory and Injunctive Relief against FEDERAL BUREAU OF INVESTIGATION, UNITED STATES DEPARTMENT OF JUSTICE ( Filing fee $ 402 receipt number ADCDC-9933180) filed by KAREN LOWY, DANIEL JAFFE. (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 Civil Cover Sheet, # 13 Summons, # 14 Summons, # 15 Summons, # 16 Summons, # 17 Summons, # 18 Summons)(Ali, Kathryn) (Entered: 03/16/2023)
2023-03-162SEALED DOCUMENT filed by DANIEL JAFFE, KAREN LOWY re 1 Complaint,, (This document is SEALED and only available to authorized persons.)(Ali, Kathryn) (Entered: 03/16/2023)
2023-03-163NOTICE OF RELATED CASE by DANIEL JAFFE, KAREN LOWY. Case related to Case No. 22-cv-03529. (Ali, Kathryn) (Entered: 03/16/2023)
2023-03-17Case Assigned to Judge Jia M. Cobb. (zcb) (Entered: 03/17/2023)
2023-03-174SUMMONS (6) Issued Electronically as to FEDERAL BUREAU OF INVESTIGATION, UNITED STATES DEPARTMENT OF JUSTICE, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(zcb) (Entered: 03/17/2023)
2023-03-175NOTICE of Appearance by Elizabeth C. Lockwood on behalf of All Plaintiffs (Lockwood, Elizabeth) (Entered: 03/17/2023)
2023-03-276RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. FEDERAL BUREAU OF INVESTIGATION served on 3/23/2023, RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 3/23/2023. ( Answer due for ALL FEDERAL DEFENDANTS by 4/22/2023.), RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 3/23/2023. (Ali, Kathryn) (Entered: 03/27/2023)
2023-03-277RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES DEPARTMENT OF JUSTICE served on 3/23/2023, RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 3/23/2023. ( Answer due for ALL FEDERAL DEFENDANTS by 4/22/2023.), RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 3/23/2023. (Ali, Kathryn) (Entered: 03/27/2023)
2023-03-288MOTION for Leave to Appear Pro Hac Vice :Attorney Name- H. Christopher Boehning, Filing fee $ 100, receipt number ADCDC-9958831. Fee Status: Fee Paid. by DANIEL JAFFE, KAREN LOWY. (Attachments: # 1 Declaration of H. Christopher Boehning, # 2 Exhibit A - Certificate of Good Standing, # 3 Text of Proposed Order)(Ali, Kathryn) (Entered: 03/28/2023)
2023-03-289MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Jacobus J. Schutte, Filing fee $ 100, receipt number ADCDC-9958851. Fee Status: Fee Paid. by DANIEL JAFFE, KAREN LOWY. (Attachments: # 1 Declaration of Jacobus J. Schutte, # 2 Exhibit A - Certificate of Good Standing, # 3 Text of Proposed Order)(Ali, Kathryn) (Entered: 03/28/2023)
2023-03-2810MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Jenifer N. Hartley, Filing fee $ 100, receipt number ADCDC-9958863. Fee Status: Fee Paid. by DANIEL JAFFE, KAREN LOWY. (Attachments: # 1 Declaration of Jenifer N. Hartley, # 2 Exhibit A - Certificate of Good Standing, # 3 Text of Proposed Order)(Ali, Kathryn) (Entered: 03/28/2023)
2023-03-30MINUTE ORDER granting 8 Motion for Leave to Appear Pro Hac Vice. Attorney H. Christopher Boehning is hereby admitted pro hac vice to appear in this matter. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). Signed by Judge Jia M. Cobb on March 30, 2023. (lcjmc3) (Entered: 03/30/2023)
2023-03-30MINUTE ORDER granting 9 Motion for Leave to Appear Pro Hac Vice. Attorney Jacobus J. Schutte is hereby admitted pro hac vice to appear in this matter. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). Signed by Judge Jia M. Cobb on March 30, 2023. (lcjmc3) (Entered: 03/30/2023)
2023-03-30MINUTE ORDER granting 10 Motion for Leave to Appear Pro Hac Vice. Attorney Jenifer N. Hartley is hereby admitted pro hac vice to appear in this matter. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). Signed by Judge Jia M. Cobb on March 30, 2023. (lcjmc3) (Entered: 03/30/2023)
2023-04-0311NOTICE of Appearance by H. Christopher Boehning on behalf of DANIEL JAFFE, KAREN LOWY (Boehning, H.) (Entered: 04/03/2023)
2023-04-0312NOTICE of Appearance by Jacobus Schutte on behalf of DANIEL JAFFE, KAREN LOWY (Schutte, Jacobus) (Entered: 04/03/2023)
2023-04-0313NOTICE of Appearance by Jenifer N. Hartley on behalf of DANIEL JAFFE, KAREN LOWY (Hartley, Jenifer) (Entered: 04/03/2023)
2023-04-2414ANSWER to Complaint by FEDERAL BUREAU OF INVESTIGATION, UNITED STATES DEPARTMENT OF JUSTICE.(Simon, Jeremy) (Entered: 04/24/2023)
2023-04-25MINUTE ORDER: The Court ORDERS that the Parties confer and submit a joint proposed schedule for further proceedings, which shall include a proposed schedule for the processing and release of responsive records or for briefing dispositive motions, by May 9, 2023. Signed by Judge Jia M. Cobb on April 25, 2023. (lcjmc1) (Entered: 04/25/2023)
2023-05-0915Joint STATUS REPORT by FEDERAL BUREAU OF INVESTIGATION, UNITED STATES DEPARTMENT OF JUSTICE. (Simon, Jeremy) (Entered: 05/09/2023)
2023-05-1016SCHEDULING ORDER. It is hereby ORDERED that the Parties shall file a joint status report by June 6, 2023, and every 90 days thereafter until further order of the Court. See document for details. Signed by Judge Jia M. Cobb on May 10, 2023. (lcjmc3) (Entered: 05/10/2023)
2023-06-0617Joint STATUS REPORT by FEDERAL BUREAU OF INVESTIGATION, UNITED STATES DEPARTMENT OF JUSTICE. (Simon, Jeremy) (Entered: 06/06/2023)
2023-09-0518Joint STATUS REPORT by FEDERAL BUREAU OF INVESTIGATION, UNITED STATES DEPARTMENT OF JUSTICE. (Simon, Jeremy) (Entered: 09/05/2023)
2023-12-0419Joint STATUS REPORT by FEDERAL BUREAU OF INVESTIGATION, UNITED STATES DEPARTMENT OF JUSTICE. (Simon, Jeremy) (Entered: 12/04/2023)
2024-03-0420Joint STATUS REPORT by FEDERAL BUREAU OF INVESTIGATION, UNITED STATES DEPARTMENT OF JUSTICE. (Simon, Jeremy) (Entered: 03/04/2024)
2024-06-0321Joint STATUS REPORT by FEDERAL BUREAU OF INVESTIGATION, UNITED STATES DEPARTMENT OF JUSTICE. (Simon, Jeremy) (Entered: 06/03/2024)
2024-09-0322Joint STATUS REPORT by FEDERAL BUREAU OF INVESTIGATION, UNITED STATES DEPARTMENT OF JUSTICE. (Simon, Jeremy) (Entered: 09/03/2024)
2024-12-0223Joint STATUS REPORT by FEDERAL BUREAU OF INVESTIGATION, UNITED STATES DEPARTMENT OF JUSTICE. (Simon, Jeremy) (Entered: 12/02/2024)
2024-12-0924SCHEDULING ORDER: Vaughn index due by February 19, 2025. Defendants' motion for summary judgment due by March 19, 2025. Plaintiffs' opposition and cross-motion due by April 23, 2025. Defendants' opposition and reply due by May 21, 2025. Plaintiffs' reply due by June 18, 2025. See document for scheduling order and information concerning case procedures. In their most recent joint status report, the Parties asked the Court to resolve a dispute over whether Defendants must produce a Vaughn index in advance of filing their motion for summary judgment. See 23 . Plaintiffs ask for such a production so that they may "assess [Defendants'] claimed bases for withholding" and to "aid the parties in narrowing the number of issues and documents in dispute." Id. at 3. Defendants counter that producing a Vaughn index at the same time as a motion for summary judgment is standard practice and that they are "manag[ing] [] competing deadlines," such that compliance before their proposed summary judgment deadline "would impose a significant strain on the [Federal Bureau of Investigation's] limited resources." Id. at 4. Neither Party cites binding caselaw dictating the resolution of this dispute, nor is the Court aware of any. Accordingly, the Court exercises its case-management discretion to fashion the compromise laid out above: Defendants shall produce a Vaughn index by the deadline the Parties proposed for Defendants' summary judgment motion, and that motion shall instead be due one month later, with all other proposed deadlines moved back by one month, as well. Signed by Judge Jia M. Cobb on December 9, 2024. (lcjmc1) (Entered: 12/09/2024)
2025-02-1125Unopposed MOTION for Extension of Time to Produce Vaughn Index by FEDERAL BUREAU OF INVESTIGATION, UNITED STATES DEPARTMENT OF JUSTICE. (Attachments: # 1 Proposed Order)(Simon, Jeremy) (Entered: 02/11/2025)
2025-02-12MINUTE ORDER granting 25 Unopposed Motion for Extension: Having considered the unopposed motion, and for good cause shown, the Court ORDERS that the 24 scheduling order in this case shall be amended as follows: Defendants' production of their Vaughn Index shall be due by March 19, 2025. Signed by Judge Jia M. Cobb on February 12, 2025. (lcjmc1) (Entered: 02/12/2025)
2025-03-1826MOTION for Extension of Time to File Motion for Summary Judgment (Partial Consent Motion) by FEDERAL BUREAU OF INVESTIGATION, UNITED STATES DEPARTMENT OF JUSTICE. (Attachments: # 1 Proposed Order)(Simon, Jeremy) (Entered: 03/18/2025)
2025-03-1927RESPONSE re 26 MOTION for Extension of Time to File Motion for Summary Judgment (Partial Consent Motion) filed by KAREN LOWY, DANIEL JAFFE. (Ali, Kathryn) (Entered: 03/19/2025)
2025-03-19MINUTE ORDER granting 26 Motion for Extension: Having considered the motion, for good cause shown, and because the requested extension will not unduly delay resolution of this case, the Court GRANTS the motion. It is further ORDERED that the summary judgment briefing schedule set forth in the Court's December 9, 2024 order, as modified by the February 12, 2025 minute order, is further modified as follows: Defendants' motion for summary judgment and Vaughn Index are due by May 22, 2025; Plaintiffs' opposition and cross-motion are due by June 26, 2025; Defendants' opposition and reply are due by July 24, 2025; and Plaintiffs' reply is due by August 21, 2025. Signed by Judge Jia M. Cobb on March 19, 2025. (lcjmc1) (Entered: 03/19/2025)
2025-05-2128Consent MOTION for Extension of Time to File Motion for Summary Judgment by FEDERAL BUREAU OF INVESTIGATION, UNITED STATES DEPARTMENT OF JUSTICE. (Attachments: # 1 Proposed Order)(Simon, Jeremy) (Entered: 05/21/2025)
2025-05-22MINUTE ORDER granting 28 Consent Motion for Extension: Having considered the motion, and for good cause shown, the Court GRANTS the motion. It is further ORDERED that the 24 scheduling order in this case shall be amended as follows: Defendants' motion for summary judgment and Vaughn Index is due by July 21, 2025; Plaintiffs' opposition and cross-motion is due by August 25, 2025; Defendants' opposition and reply is due by September 22, 2025; and Plaintiffs' reply is due by October 20, 2025. Signed by Judge Jia M. Cobb on May 22, 2025. (lcjmc1) (Entered: 05/22/2025)
2025-06-2029NOTICE OF WITHDRAWAL OF APPEARANCE as to DANIEL JAFFE, KAREN LOWY. Attorney Jenifer N. Hartley terminated. (Hartley, Jenifer) (Entered: 06/20/2025)
2025-07-1730Consent MOTION for Extension of Time to File Motion for Summary Judgment by FEDERAL BUREAU OF INVESTIGATION, UNITED STATES DEPARTMENT OF JUSTICE. (Attachments: # 1 Proposed Order)(Simon, Jeremy) (Entered: 07/17/2025)
2025-07-23MINUTE ORDER granting 30 Consent Motion for Extension: Having considered the consent motion, and for good cause shown, the Court GRANTS the motion. It is further ORDERED that Defendants' motion for summary judgment and Vaughn Index is due by September 19, 2025; Plaintiffs' opposition and cross-motion is due by October 24, 2025; Defendants' opposition and reply is due by November 21, 2025; and Plaintiffs' reply is due by December 19, 2025. Signed by Judge Jia M. Cobb on July 23, 2025. (lcjmc1) (Entered: 07/23/2025)
2025-09-1631Unopposed MOTION for Extension of Time to File Motion for Summary Judgment by FEDERAL BUREAU OF INVESTIGATION, UNITED STATES DEPARTMENT OF JUSTICE. (Attachments: # 1 Proposed Order)(Simon, Jeremy) (Entered: 09/16/2025)
2025-09-17MINUTE ORDER granting 31 Unopposed Motion for Extension: Having considered Defendants' unopposed motion, and for good cause shown, the Court GRANTS the motion. It is further ORDERED that Defendants' motion for summary judgment and Vaughn Index is due by November 3, 2025; Plaintiffs' opposition and cross-motion is due by December 8, 2025; Defendants' opposition and reply is due by January 8, 2026; and Plaintiffs' reply is due by February 6, 2026. Signed by Judge Jia M. Cobb on September 17, 2025. (lcjmc1) (Entered: 09/17/2025)
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