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

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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…

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.

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Summary Authors

Carolina Velarde (10/10/2016)

Cade Boland (3/19/2018)

People

For PACER's information on parties and their attorneys, 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)

Attorney Contact Information via CourtListener

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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

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Docket

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

Last updated June 4, 2023, 3:12 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