Case: Associated Press v. Federal Bureau of Investigation

1:16-cv-01850 | U.S. District Court for the District of Columbia

Filed Date: Sept. 16, 2016

Closed Date: 2017

Clearinghouse coding complete

Case Summary

On September 16, 2016, The Associated Press, Gannett Satellite Information Network LLC, and Vice Media, LLC filed this lawsuit in the United States District Court for the District of Columbia. The plaintiffs sued the Federal Bureau of Investigation pursuant to the Freedom of Information Act (FOIA), 5 U.S.C. §§ 552, et seq. The plaintiffs sought to compel the FBI to provide records about the publicly acknowledged purchase of a tool allowing the government access to the phone of one of the perpe…

On September 16, 2016, The Associated Press, Gannett Satellite Information Network LLC, and Vice Media, LLC filed this lawsuit in the United States District Court for the District of Columbia. The plaintiffs sued the Federal Bureau of Investigation pursuant to the Freedom of Information Act (FOIA), 5 U.S.C. §§ 552, et seq. The plaintiffs sought to compel the FBI to provide records about the publicly acknowledged purchase of a tool allowing the government access to the phone of one of the perpetrators of the mass killings in San Bernardino, California on December 2, 2015. '

The defendant completed document review through January, 2017 to determine whether FOIA exemptions would apply to the documents. On January 30, 2017, the defendant moved for summary judgment citing to various exemptions to have the claim dismissed. The plaintiffs cross-moved for summary judgment on February 20, 2017.

The Court (Judge Tanya S. Chutkan) granted the defendant's motion for summary judgment on September 30, 2017. Plaintiff sought the identity of the vendor who unlocked the phone and the purchase price of the vendor. The Court found the defendant properly invoked exemption 1 (information specifically authorized to be kept secret in the interest of national defense or foreign policy by an Executive Order), exemption 3 (information exempted by statute), and exemption 7 (information compiled for law enforcement purposes). However, the Court found Exemption 4 (trade secret and commercial or financial information) did not apply. 265 F. Supp. 3d 82.

The docket was last updated on September 30, 2017.

Summary Authors

Carolina Velarde (10/10/2016)

Cade Boland (3/19/2018)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4498705/parties/associated-press-v-federal-bureau-of-investigation/


Judge(s)

Chutkan, Tanya Sue (District of Columbia)

Attorneys(s) for Plaintiff

Brown, Jay Ward (District of Columbia)

Kutner, Jeremy Alexander (New York)

Judge(s)

Chutkan, Tanya Sue (District of Columbia)

Attorneys(s) for Plaintiff

Brown, Jay Ward (District of Columbia)

Kutner, Jeremy Alexander (New York)

Documents in the Clearinghouse

Document

1:16-cv-01850

Docket

Sept. 30, 2017

Sept. 30, 2017

Docket
1

1:16-cv-01850

Complaint

The Associated Press, Gannett Satellite Information Network LLC d/b/a USA Today, Vice Media LLC v. Federal Bureau of Investigation

Sept. 16, 2016

Sept. 16, 2016

Complaint
22

1:16-cv-01850

Memorandum and Opinion

Sept. 30, 2017

Sept. 30, 2017

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4498705/associated-press-v-federal-bureau-of-investigation/

Last updated Aug. 8, 2022, 3:14 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against FEDERAL BUREAU OF INVESTIGATION ( Filing fee $ 400 receipt number 0090-4676381) filed by VICE MEDIA LLC, GANNETT SATELLITE INFORMATION NETWORK LLC d/b/a USA TODAY, THE ASSOCIATED PRESS. (Attachments: # 1 Civil Cover Sheet, # 2 Summons Summons as to Federal Bureau of Investigation, # 3 Summons Summons as to United States Attorney's Office, # 4 Summons Summons as to United States Attorney General)(Brown, Jay) (Entered: 09/16/2016)

1 Civil Cover Sheet

View on PACER

2 Summons Summons as to Federal Bureau of Investigation

View on PACER

3 Summons Summons as to United States Attorney's Office

View on PACER

4 Summons Summons as to United States Attorney General

View on PACER

Sept. 16, 2016

Sept. 16, 2016

RECAP
2

LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by THE ASSOCIATED PRESS (Brown, Jay) (Entered: 09/16/2016)

Sept. 16, 2016

Sept. 16, 2016

PACER
3

LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by GANNETT SATELLITE INFORMATION NETWORK LLC d/b/a USA TODAY (Brown, Jay) (Entered: 09/16/2016)

Sept. 16, 2016

Sept. 16, 2016

PACER
4

LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by VICE MEDIA LLC (Brown, Jay) (Entered: 09/16/2016)

Sept. 16, 2016

Sept. 16, 2016

PACER
5

SUMMONS (3) Issued Electronically as to FEDERAL BUREAU OF INVESTIGATION, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Consent Form)(zsb) (Entered: 09/19/2016)

Sept. 19, 2016

Sept. 19, 2016

PACER
6

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. FEDERAL BUREAU OF INVESTIGATION served on 9/23/2016, (Attachments: # 1 Return Receipt)(Brown, Jay) Modified on 9/30/2016 to correct event (zrdj). (Entered: 09/30/2016)

Sept. 30, 2016

Sept. 30, 2016

PACER
7

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 9/23/2016. Answer due for ALL FEDERAL DEFENDANTS by 10/23/2016. (Attachments: # 1 Return Receipt)(Brown, Jay) (Entered: 09/30/2016)

Sept. 30, 2016

Sept. 30, 2016

PACER
8

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 09/23/2016. (Attachments: # 1 Return Receipt)(Brown, Jay) (Entered: 09/30/2016)

Sept. 30, 2016

Sept. 30, 2016

PACER
9

NOTICE of Appearance by Joseph Evan Borson on behalf of FEDERAL BUREAU OF INVESTIGATION (Borson, Joseph) (Entered: 10/24/2016)

Oct. 24, 2016

Oct. 24, 2016

PACER
10

ANSWER to Complaint by FEDERAL BUREAU OF INVESTIGATION. (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 Exhibit L)(Borson, Joseph) (Entered: 10/24/2016)

1 Exhibit A

View on PACER

2 Exhibit B

View on PACER

3 Exhibit C

View on PACER

4 Exhibit D

View on PACER

5 Exhibit E

View on PACER

6 Exhibit F

View on PACER

7 Exhibit G

View on PACER

8 Exhibit H

View on PACER

9 Exhibit I

View on PACER

10 Exhibit J

View on PACER

11 Exhibit K

View on PACER

12 Exhibit L

View on PACER

Oct. 24, 2016

Oct. 24, 2016

PACER
11

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Jeremy A. Kutner, :Firm- Levine Sullivan Koch & Schulz, LLP, :Address- 321 W. 44th Street, Suite 1000, New York, NY 10036. Phone No. - 212-850-6107. Fax No. - 212-850-6299 Filing fee $ 100, receipt number 0090-4721959. Fee Status: Fee Paid. by ASSOCIATED PRESS, GANNETT SATELLITE INFORMATION NETWORK LLC, VICE MEDIA LLC (Attachments: # 1 Declaration of Jeremy A. Kutner, # 2 Text of Proposed Order)(Brown, Jay) (Entered: 10/26/2016)

Oct. 26, 2016

Oct. 26, 2016

PACER
12

NOTICE of Appearance by Jeremy A. Kutner on behalf of ASSOCIATED PRESS, GANNETT SATELLITE INFORMATION NETWORK LLC, VICE MEDIA LLC (Kutner, Jeremy) (Entered: 10/28/2016)

Oct. 28, 2016

Oct. 28, 2016

PACER
13

Joint STATUS REPORT by ASSOCIATED PRESS, GANNETT SATELLITE INFORMATION NETWORK LLC, VICE MEDIA LLC. (Brown, Jay) (Entered: 11/15/2016)

Nov. 15, 2016

Nov. 15, 2016

PACER
14

MOTION for Summary Judgment by FEDERAL BUREAU OF INVESTIGATION (Attachments: # 1 Memorandum in Support, # 2 Declaration Decl. of David M. Hardy, # 3 Exhibit Exs. A-R of Hardy Decl., # 4 Statement of Facts, # 5 Text of Proposed Order)(Borson, Joseph) (Entered: 01/30/2017)

1 Memorandum in Support

View on RECAP

2 Declaration Decl. of David M. Hardy

View on PACER

3 Exhibit Exs. A-R of Hardy Decl.

View on PACER

4 Statement of Facts

View on PACER

5 Text of Proposed Order

View on PACER

Jan. 30, 2017

Jan. 30, 2017

PACER
15

Cross MOTION for Summary Judgment by ASSOCIATED PRESS, GANNETT SATELLITE INFORMATION NETWORK LLC, VICE MEDIA LLC (Attachments: # 1 Declaration of Jay Ward Brown, # 2 Exhibits A-J to Brown Decl., # 3 Text of Proposed Order)(Brown, Jay) (Entered: 02/20/2017)

1 Declaration of Jay Ward Brown

View on PACER

2 Exhibits A-J to Brown Decl.

View on PACER

3 Text of Proposed Order

View on PACER

Feb. 20, 2017

Feb. 20, 2017

RECAP
16

Memorandum in opposition to re 14 MOTION for Summary Judgment filed by ASSOCIATED PRESS, GANNETT SATELLITE INFORMATION NETWORK LLC, VICE MEDIA LLC. (Attachments: # 1 Declaration of Jay Ward Brown, # 2 Exhibits A-J to Brown Decl., # 3 Text of Proposed Order)(Brown, Jay) (Entered: 02/20/2017)

1 Declaration of Jay Ward Brown

View on PACER

2 Exhibits A-J to Brown Decl.

View on PACER

3 Text of Proposed Order

View on PACER

Feb. 20, 2017

Feb. 20, 2017

RECAP
17

Memorandum in opposition to re 15 Cross MOTION for Summary Judgment & Opposition to Defendant's Motion for Summary Judgment filed by FEDERAL BUREAU OF INVESTIGATION. (Attachments: # 1 Declaration Second Hardy Decl., # 2 Statement of Facts)(Borson, Joseph) (Entered: 03/13/2017)

1 Declaration Second Hardy Decl.

View on RECAP

2 Statement of Facts

View on PACER

March 13, 2017

March 13, 2017

PACER
18

REPLY to opposition to motion re 14 MOTION for Summary Judgment filed by FEDERAL BUREAU OF INVESTIGATION. (Attachments: # 1 Declaration Second Hardy Decl)(Borson, Joseph) (Entered: 03/13/2017)

March 13, 2017

March 13, 2017

PACER
19

REPLY to opposition to motion re 15 Cross MOTION for Summary Judgment & Opposition to Defendant's Motion for Summary Judgment filed by ASSOCIATED PRESS, GANNETT SATELLITE INFORMATION NETWORK LLC, VICE MEDIA LLC. (Brown, Jay) (Entered: 03/27/2017)

March 27, 2017

March 27, 2017

PACER
20

MOTION to Supplement Record re 15 Cross MOTION for Summary Judgment & Opposition to Defendant's Motion for Summary Judgment by ASSOCIATED PRESS, GANNETT SATELLITE INFORMATION NETWORK LLC, VICE MEDIA LLC (Attachments: # 1 Supplemental Decl. of Jay Ward Brown, # 2 Exhibit A to Suppl. Brown Decl., # 3 Text of Proposed Order)(Brown, Jay) (Entered: 05/12/2017)

May 12, 2017

May 12, 2017

PACER
21

RESPONSE re 20 MOTION to Supplement Record re 15 Cross MOTION for Summary Judgment & Opposition to Defendant's Motion for Summary Judgment filed by FEDERAL BUREAU OF INVESTIGATION. (Borson, Joseph) (Entered: 05/16/2017)

May 16, 2017

May 16, 2017

PACER
22

MEMORANDUM AND OPINION: Re Plaintiffs' Motion 20 to Supplement the Record; Defendant's 14 Motion for Summary Judgment; Plaintiffs' Cross-Motion 15 for Summary Judgment. Signed by Judge Tanya S. Chutkan on 9/30/17. (DJS) (Entered: 09/30/2017)

Sept. 30, 2017

Sept. 30, 2017

RECAP
23

ORDER: Granting 14 Defendant's Motion for Summary Judgment; Denying 15 Plaintiffs' Motion for Summary Judgment; Granting Plaintiffs' 20 Motion to Supplement the Record. Dismissing this action with prejudice. Signed by Judge Tanya S. Chutkan on 9/30/17. (DJS) (Entered: 09/30/2017)

Sept. 30, 2017

Sept. 30, 2017

RECAP
24

SUPPLEMENTAL MEMORANDUM to re 15 Cross MOTION for Summary Judgment & Opposition to Defendant's Motion for Summary Judgment, 14 MOTION for Summary Judgment filed by ASSOCIATED PRESS, VICE MEDIA LLC. (Attachments: # 1 Exhibit A)(znmw) Modified filed date on 10/3/2017 (znmw). (Entered: 10/02/2017)

Sept. 30, 2017

Sept. 30, 2017

PACER

Case Details

State / Territory: District of Columbia

Case Type(s):

National Security

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Sept. 16, 2016

Closing Date: 2017

Case Ongoing: No

Plaintiffs

Plaintiff Description:

News Organizations

Plaintiff Type(s):

Non-profit NON-religious organization

Private Plaintiff

Public (for-profit) corporation

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Federal Bureau of Investigation (Washington, District of Columbia), Federal

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

Freedom of Information Act (FOIA), 5 U.S.C. § 552

Availably Documents:

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Issues

General:

Courts

Records Disclosure

Terrorism/Post 9-11 issues