ACCURACY IN MEDIA, INC. et al v. DEPARTMENT OF DEFENSE et al

U.S. District Court
District of Columbia (Washington, DC)
CIVIL DOCKET FOR CASE #: 1:14-cv-01589-EGS

ACCURACY IN MEDIA, INC. et al v. DEPARTMENT OF DEFENSE et al
Assigned to: Judge Emmet G. Sullivan
Cause: 05:552 Freedom of Information Act
Date Filed: 09/19/2014
Jury Demand: None
Nature of Suit: 895 Freedom of Information Act
Jurisdiction: U.S. Government Defendant

Date Filed # Docket Text
02/05/2016 41 STATUS REPORT by U.S. DEPARTMENT OF STATE. (Crowley, Megan) (Entered: 02/05/2016)
02/01/2016 Set/Reset Deadlines: Status Report due by 2/5/2016. (mac) (Entered: 02/01/2016)
02/01/2016 MINUTE ORDER directing the Defendants to complete its additional searches and file a status report no later than February 5, 2016. Signed by Judge Emmet G. Sullivan on February 1, 2016. (lcegs4) (Entered: 02/01/2016)
01/22/2016 40 STATUS REPORT by U.S. DEPARTMENT OF STATE. (Attachments: # 1 Text of Proposed Order)(Crowley, Megan) (Entered: 01/22/2016)
12/23/2015 Set/Reset Deadlines: Status Report due by 1/22/2016. (mac) (Entered: 12/23/2015)
12/23/2015 MINUTE ORDER granting 39 Unopposed Motion for Extension of Time. Defendant Department of State shall file a status report no later than January 22, 2016 indicating the status of its search and production of any responsive, non-exempt documents. Signed by Judge Emmet G. Sullivan on December 23, 2015. (lcegs4) (Entered: 12/23/2015)
12/21/2015 39 Unopposed MOTION for Extension of Time to Make Final Production by U.S. DEPARTMENT OF STATE (Attachments: # 1 Text of Proposed Order)(Crowley, Megan) (Entered: 12/21/2015)
12/07/2015 Set/Reset Deadlines: Defendant Department of State Final Production Of Documents due by 12/21/2015. (mac) (Entered: 12/07/2015)
12/06/2015 MINUTE ORDER granting 38 Defendant’s Unopposed Motion for Extension of Time. It is hereby ordered that Defendant Department of State shall make its final production of documents on or before December 21, 2015. Signed by Judge Emmet G. Sullivan on December 6, 2015. (lcegs4) (Entered: 12/06/2015)
12/03/2015 38 Unopposed MOTION for Extension of Time to Make Final Production by U.S. DEPARTMENT OF STATE (Attachments: # 1 Text of Proposed Order)(Crowley, Megan) (Entered: 12/03/2015)
10/23/2015 MINUTE ORDER denying Defendant’s motion to stay as moot. Signed by Judge Emmet G. Sullivan on October 23, 2015. (lcegs4) (Entered: 10/23/2015)
10/23/2015 MINUTE ORDER granting 37 Defendant’s Unopposed Motion for Extension of Time. Defendant shall make its final production no later than December 4, 2015. Signed by Judge Emmet G. Sullivan on October 23, 2015. (lcegs4) (Entered: 10/23/2015)
10/16/2015 37 Unopposed MOTION for Extension of Time to Make Final Production by U.S. DEPARTMENT OF STATE (Attachments: # 1 Text of Proposed Order)(Crowley, Megan) (Entered: 10/16/2015)
09/04/2015 36 NOTICE of Court Order by U.S. DEPARTMENT OF STATE (Attachments: # 1 Exhibit)(Crowley, Megan) (Entered: 09/04/2015)
09/03/2015 35 MOTION to Stay by U.S. DEPARTMENT OF STATE (Attachments: # 1 Text of Proposed Order)(Crowley, Megan) (Entered: 09/03/2015)
09/03/2015 34 NOTICE Regarding Motion by U.S. DEPARTMENT OF STATE (Attachments: # 1 Exhibit A)(Crowley, Megan) (Entered: 09/03/2015)
07/13/2015 33 ANSWER to 31 Amended Complaint, by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF JUSTICE, DEPARTMENT OF STATE. Related document: 31 Amended Complaint, filed by RICHARD F. BRAUER, JR, KENNETH BENWAY, ROGER L. ARONOFF, KEVIN MICHAEL SHIPP, CLARE M. LOPEZ, LARRY W. BAILEY, ACCURACY IN MEDIA, INC., JAMES A. LYONS, JR..(Crowley, Megan) (Entered: 07/13/2015)
07/03/2015 32 STATUS REPORT JOINT by ACCURACY IN MEDIA, INC., ROGER L. ARONOFF, LARRY W. BAILEY, KENNETH BENWAY, RICHARD F. BRAUER, JR, CLARE M. LOPEZ, JAMES A. LYONS, JR, KEVIN MICHAEL SHIPP. (Clarke, John) (Entered: 07/03/2015)
06/24/2015 Set/Reset Deadlines: Joint Status Report due by 7/3/2015. (mac) (Entered: 06/24/2015)
06/24/2015 31 SECOND AMENDED COMPLAINT against CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF JUSTICE, DEPARTMENT OF STATE filed by CLARE M. LOPEZ, LARRY W. BAILEY, JAMES A. LYONS, JR, ROGER L. ARONOFF, KEVIN MICHAEL SHIPP, ACCURACY IN MEDIA, INC., KENNETH BENWAY, RICHARD F. BRAUER, JR.(jf) (Entered: 06/24/2015)
06/23/2015 MINUTE ORDER granting 18 unopposed motion for a preservation order, granting 19 plaintiff’s motion to stay certain claims against the CIA, denying 23 plaintiff’s first motion for partial summary judgment, denying without prejudice 25 plaintiff’s second motion for partial summary judgment. The plaintiff in this case has filed a series of motions that are, in the Court’s view premature and unnecessarily piecemeal. The parties submitted 20 a proposed schedule for the production of documents in this case, but the plaintiff proceeded almost immediately to file motions for partial summary judgment on narrow issues. The plaintiff, however, chose to file this case as one civil action and it will proceed as such. First, the Court GRANTS 18 the Department of Justice’s unopposed motion for an Order permitting it to move for summary judgment based on the applicability of Exemption 7(A) to certain records without waiving any allegation that those records are exempt from release for other reasons. Second, the Court grants 19 plaintiff’s motion to stay the portions of its claim against the Central Intelligence Agency that, in plaintiff’s view, will become ripe only upon issuance of a Report by the House Select Committee. The Court finds that judicial economy would not be served by excluding these claims entirely from this case, only to reopen them at some later date. Third, in accordance with 24 the parties’ stipulation, plaintiff’s 23 first motion for partial summary judgment was WITHDRAWN and is therefore DENIED. Fourth, plaintiff’s 27 unopposed motion for leave to file a Second Amended Complaint is hereby GRANTED. Plaintiff’s Second Amended Complaint, Exhibit 1 to 27 its motion for leave, shall be filed on the docket as a separate docket entry. Defendants shall respond to the Second Amended Complaint in accordance with the Federal Rules of Civil Procedure. In view of the filing of a Second Amended Complaint and the fact that the plaintiff has sought repeatedly to file piecemeal motions for partial summary judgment, the Court DENIES WITHOUT PREJUDICE 25 plaintiff’s second motion for partial summary judgment. The plaintiff chose to file this case against a number of defendants and including a number of potential legal and factual issues, and to file it in a single case. The Court intends to treat the case as such, with the exception of the claims against the CIA that have been stayed by this Order. Accordingly, neither party shall move for summary judgment on a piecemeal basis without obtaining leave of this Court and demonstrating good cause for proceeding in that manner. The parties are directed to confer and file a joint status report setting forth the following information: (1) the current status of the House Select Committee’s Report and any indication of when that Report may be issued, and therefore when plaintiff’s stayed claims may be reopened; (2) the parties’ competing proposals for a schedule for the completion of any production of any further records by each of the defendant agencies; and (3) the parties’ suggestions for an appropriate schedule–to commence after every defendant has completed its production schedule–for the briefing of a single round of cross motions for summary judgment. If the parties cannot agree on any of these issues, they shall include their individual perspectives in a joint status report. The joint status report shall be filed by no later than July 3, 2015. Signed by Judge Emmet G. Sullivan on June 23, 2015. (lcegs2) (Entered: 06/23/2015)
06/17/2015 Set/Reset Deadlines: Plaintiff Reply In Further Support of Motion for Summary Judgment due by 6/26/2015. (mac) (Entered: 06/17/2015)
06/17/2015 MINUTE ORDER granting 30 plaintiffs’ unopposed motion for extension of time. Plaintiffs shall file their reply in further support of 25 their motion for summary judgment by no later than June 26, 2015. Signed by Judge Emmet G. Sullivan on June 17, 2015. (lcegs2) (Entered: 06/17/2015)
06/15/2015 30 Unopposed MOTION for Extension of Time to File Response/Reply to DOJ Opposition to Motion for Partial Summary Judgent by ACCURACY IN MEDIA, INC., ROGER L. ARONOFF, LARRY W. BAILEY, KENNETH BENWAY, RICHARD F. BRAUER, JR, CLARE M. LOPEZ, JAMES A. LYONS, JR, KEVIN MICHAEL SHIPP (Attachments: #1 Text of Proposed Order)(Clarke, John) (Entered: 06/15/2015)
06/08/2015 29 Memorandum in opposition to re 25 MOTION for Summary Judgment against Defendant DOJ for Disclosure of Three FBI 302 Reports filed by DEPARTMENT OF JUSTICE. (Attachments: # 1 Declaration, # 2 Declaration, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit)(Crowley, Megan) (Entered: 06/08/2015)
06/03/2015 28  STATUS REPORT by DEPARTMENT OF DEFENSE, DEPARTMENT OF STATE. (Crowley, Megan) (Entered: 06/03/2015)
 05/27/2015  Set/Reset Deadlines: IRS Summary Judgment motion and Vaughn Index due by 6/15/2015. Plaintiff Opposition to Defendant’s Motion, Combined With Any Cross Motion For Summary Judgment due by 7/15/2015. Defendant Reply In Further Support Of Its Motion, Combined With Its Opposition To The Plaintiff’s Cross Motion due by 8/17/2015. Plaintiff Reply In Further Support Of Its Motion due by 8/31/2015. (zmac) (Entered: 05/27/2015)
 05/27/2015  Set/Reset Deadlines: Defendant Response to Motion for Summary Judgment due by 6/8/2015. (mac) (Entered: 05/27/2015)
 05/27/2015 MINUTE ORDER granting 26 defendants’ unopposed motion for extension of time. Defendants shall respond to 25 plaintiff’s motion for summary judgment by no later than June 8, 2015. Signed by Judge Emmet G. Sullivan on May 27, 2015. (lcegs2) (Entered: 05/27/2015)
05/26/2015 27 MOTION to Amend/Correct COMPLAINT by ACCURACY IN MEDIA, INC., ROGER L. ARONOFF, LARRY W. BAILEY, KENNETH BENWAY, RICHARD F. BRAUER, JR, CLARE M. LOPEZ, JAMES A. LYONS, JR, KEVIN MICHAEL SHIPP (Attachments: # 1 Exhibit Amended Complaint, # 2 Text of Proposed Order)(Clarke, John) (Entered: 05/26/2015)
05/13/2015 25 MOTION for Summary Judgment against Defendant DOJ for Disclosure of Three FBI 302 Reports by ACCURACY IN MEDIA, INC., ROGER L. ARONOFF, LARRY W. BAILEY, KENNETH BENWAY, RICHARD F. BRAUER, JR, CLARE M. LOPEZ, JAMES A. LYONS, JR, KEVIN MICHAEL SHIPP (Attachments: # 1 Exhibit Ex 1 13 Hours excerpts, # 2 Exhibit Ex 2 Katallah indictment, # 3 Exhibit Ex 3 Katallah docket, # 4 Text of Proposed Order)(Clarke, John) (Entered: 05/13/2015)
04/16/2015 24 STIPULATION re 23 MOTION for Partial Summary Judgment by DEPARTMENT OF STATE. (Crowley, Megan) (Entered: 04/16/2015)
04/03/2015 23 MOTION for Partial Summary Judgment AGAINST DEFENDANT STATE DEPARTMENT ON ISSUE OF PRODUCTION IN ELECTRONIC FORMAT by ACCURACY IN MEDIA, INC., ROGER L. ARONOFF, LARRY W. BAILEY, KENNETH BENWAY, RICHARD F. BRAUER, JR, CLARE M. LOPEZ, JAMES A. LYONS, JR, KEVIN MICHAEL SHIPP (Attachments: # 1 Exhibit State Dept FOIA requests, # 2 Exhibit State Dept email to plaintiffs, # 3 Text of Proposed Order)(Clarke, John) Modified event title on 4/6/2015 (znmw, ). (Entered: 04/03/2015)
04/03/2015 22 REPLY to opposition to motion re 19 MOTION to Stay PARTIAL STAY AGAINST CIA filed by ACCURACY IN MEDIA, INC., ROGER L. ARONOFF, LARRY W. BAILEY, KENNETH BENWAY, RICHARD F. BRAUER, JR, CLARE M. LOPEZ, JAMES A. LYONS, JR, KEVIN MICHAEL SHIPP. (Clarke, John) (Entered: 04/03/2015)
03/27/2015 21 RESPONSE TO ORDER OF THE COURT re Order filed by CENTRAL INTELLIGENCE AGENCY. (Crowley, Megan) (Entered: 03/27/2015)
03/23/2015 20 NOTICE OF FILING OF PROPOSED SCHEDULING ORDER by ACCURACY IN MEDIA, INC., ROGER L. ARONOFF, LARRY W. BAILEY, KENNETH BENWAY, RICHARD F. BRAUER, JR re 17 Meet and Confer Statement (Attachments: # 1 Text of Proposed Order)(Clarke, John) (Entered: 03/23/2015)
03/20/2015 Set/Reset Deadlines: CIA Response due by 3/27/2015. (mac) (Entered: 03/20/2015)
03/20/2015 MINUTE ORDER. The CIA is directed to file its response to 19 plaintiffs’ motion to stay by no later than March 27, 2015. Signed by Judge Emmet G. Sullivan on March 20, 2015. (lcegs4) (Entered: 03/20/2015)
03/05/2015 19 MOTION to Stay PARTIAL STAY AGAINST CIA by ACCURACY IN MEDIA, INC., ROGER L. ARONOFF, LARRY W. BAILEY, KENNETH BENWAY, RICHARD F. BRAUER, JR, CLARE M. LOPEZ, JAMES A. LYONS, JR, KEVIN MICHAEL SHIPP (Attachments: # 1 Exhibit Intel Comittee Rpt Excerpt 1-15-14, # 2 Exhibit List Congressional Record, # 3 Exhibit Ad Charles Kubic, USN, (Ret.) transcript Press Roundtable)(Clarke, John) (Entered: 03/05/2015)
03/03/2015 18 Unopposed MOTION for Order Preserving Certain Allegations by DEPARTMENT OF JUSTICE (Attachments: # 1 Declaration Hardy Decl., # 2 Text of Proposed Order)(Crowley, Megan) (Entered: 03/03/2015)
03/03/2015 17 MEET AND CONFER STATEMENT. (Clarke, John) (Entered: 03/03/2015)
02/26/2015 MINUTE ORDER. The plaintiffs styled one filing as a motion to expedite and motion to stay case against the CIA. The plaintiffs’ filing consists of over 300 pages of materials. On February 26, 2015, the plaintiffs filed a 16 notice of withdrawal of 15 motion for expedited processing. To avoid any confusion in the record, and in the interests of judicial economy, the plaintiffs are directed to refile only the motion to stay case against the CIA by no later than March 6, 2015. Accordingly, 15 plaintiffs’ motion to expedite and motion to stay case against the CIA is DENIED without prejudice. Signed by Judge Emmet G. Sullivan on February 26, 2015. (lcegs4) (Entered: 02/26/2015)
02/26/2015 16 NOTICE OF WITHDRAWAL OF MOTION by ACCURACY IN MEDIA, INC., ROGER L. ARONOFF, LARRY W. BAILEY, KENNETH BENWAY, RICHARD F. BRAUER, JR, CLARE M. LOPEZ, JAMES A. LYONS, JR, KEVIN MICHAEL SHIPP re 15 MOTION to Expedite MOTION to Stay CASE AGAINST CIA (Clarke, John) (Entered: 02/26/2015)
02/22/2015 15 MOTION to Expedite , MOTION to Stay CASE AGAINST CIA by ACCURACY IN MEDIA, INC., ROGER L. ARONOFF, LARRY W. BAILEY, KENNETH BENWAY, RICHARD F. BRAUER, JR, CLARE M. LOPEZ, JAMES A. LYONS, JR, KEVIN MICHAEL SHIPP (Attachments: # 1 Exhibit DOD/DIA Ad-Appeal Letter, # 2 Exhibit DOD/DIA Ad-Appeal+Rpt-Q’s-Timeline, # 3 Exhibit DOD/DIA Ad-Appeal Exhibits, # 4 Exhibit State Dept Ad Appeal, # 5 Exhibit CIA Ad Appeal, # 6 Exhibit Admiral Kubic Transcript, # 7 Exhibit Intel Committee Rpt Excerpt, # 8 Exhibit LexisNexis search, # 9 Exhibit List Congressional record)(Clarke, John) (Entered: 02/22/2015)
01/26/2015 14 AMENDED ORDER FOR MEET AND CONFER REPORT. Attorney Meet and Confer Conference by 2/17/2015. Meet & Confer Statement due by 3/3/2015. Signed by Judge Emmet G. Sullivan on 01/26/2015. (mac) (Entered: 01/26/2015)
01/23/2015 13 ANSWER to 12 Complaint, by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF JUSTICE, DEPARTMENT OF STATE. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Crowley, Megan) (Entered: 01/23/2015)
01/12/2015 12 SUPPLEMENTAL COMPLAINT against CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF JUSTICE, DEPARTMENT OF STATE filed by CLARE M. LOPEZ, LARRY W. BAILEY, JAMES A. LYONS, JR, ROGER L. ARONOFF, KEVIN MICHAEL SHIPP, ACCURACY IN MEDIA, INC., KENNETH BENWAY, RICHARD F. BRAUER, JR.(jf, ) (Entered: 01/13/2015)
01/07/2015 11 Unopposed MOTION for Leave to File Supplemental Complaint by ACCURACY IN MEDIA, INC., ROGER L. ARONOFF, LARRY W. BAILEY, KENNETH BENWAY, RICHARD F. BRAUER, JR, CLARE M. LOPEZ, JAMES A. LYONS, JR, KEVIN MICHAEL SHIPP (Attachments: # 1 Text of Proposed Order, # 2 Supplement Supplemental Complaint)(Clarke, John) (Entered: 01/07/2015)
01/06/2015 10 ORDER FOR MEET AND CONFER REPORT. Attorney Meet and Confer Conference by 1/28/2015. Meet & Confer Statement due by 2/11/2015. Signed by Judge Emmet G. Sullivan on 01/06/15. (mac) (Entered: 01/06/2015)
12/22/2014 9 ANSWER to Complaint by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF JUSTICE, DEPARTMENT OF STATE. (Attachments: # 1 Exhibit Attachment 1, # 2 Exhibit Attachment 2, # 3 Exhibit Attachment 3, # 4 Exhibit Attachment 4, # 5 Exhibit Attachment 5, # 6 Exhibit Attachment 6, # 7 Exhibit Attachment 7, # 8 Exhibit Attachment 8, # 9 Exhibit Attachment 9, # 10 Exhibit Attachment 10, # 11 Exhibit Attachment 11, # 12 Exhibit Attachment 12, # 13 Exhibit Attachment 13, # 14 Exhibit Attachment 14, # 15 Exhibit Attachment 15, # 16 Exhibit Attachment 16, # 17 Exhibit Attachment 17, # 18 Exhibit Attachment 18, # 19 Exhibit Attachment 19, # 20 Exhibit Attachment 20)(Crowley, Megan) (Entered: 12/22/2014)
12/22/2014 8 NOTICE of Appearance by Megan Anne Crowley on behalf of All Defendants (Crowley, Megan) (Entered: 12/22/2014)
09/20/2014 4 REQUEST FOR SUMMONS TO ISSUE Summons by ACCURACY IN MEDIA, INC. filed by ACCURACY IN MEDIA, INC.. (Attachments: # 1 Summons, # 2 Summons)(Clarke, John) (Entered: 09/20/2014)
09/19/2014 Case Assigned to Judge Emmet G. Sullivan. (kb) (Entered: 09/19/2014)
09/19/2014 3 REQUEST FOR SUMMONS TO ISSUE by ACCURACY IN MEDIA, INC. re 1 Complaint, filed by ACCURACY IN MEDIA, INC.. Related document: 1 Complaint, filed by CLARE M LOPEZ, ROGER L ARONOFF, LARRY W. BAILEY, KENNETH BENWAY, JAMES A. LYONS, JR., ACCURACY IN MEDIA, INC., RICHARD F BRAUER, JR, KEVIN MICHAEL SHIPP. (Attachments: # 1 Summons, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Summons, # 6 Summons)(Clarke, John) (Entered: 09/19/2014)
09/19/2014 2 CIVIL COVER SHEET by ACCURACY IN MEDIA, INC. re 1 Complaint, filed by ACCURACY IN MEDIA, INC.. Related document: 1 Complaint, filed by CLARE M LOPEZ, ROGER L ARONOFF, LARRY W. BAILEY, KENNETH BENWAY, JAMES A. LYONS, JR., ACCURACY IN MEDIA, INC., RICHARD F BRAUER, JR, KEVIN MICHAEL SHIPP.(Clarke, John) (Entered: 09/19/2014)
Plaintiff’s First Set of Interrogatories to All Defendants
09/19/2014 1 COMPLAINT against All Defendants ( Filing fee $ 400 receipt number 0090-3844221) filed by CLARE M LOPEZ, LARRY W. BAILEY, JAMES A. LYONS, JR, ROGER L ARONOFF, KEVIN MICHAEL SHIPP, ACCURACY IN MEDIA, INC., KENNETH BENWAY, RICHARD F BRAUER, JR.(Clarke, John) (Entered: 09/19/2014)