NATIONAL SECURITY ARCHIVE v. CENTRAL INTELLIGENCE AGENCY et al
Federal Civil Lawsuit District Of Columbia District Court, Case No. 1:06-cv-01080-GK
District Judge Gladys Kessler, presiding

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No Logo NATIONAL SECURITY ARCHIVE, Plaintiff

Represented by Wilmer Hale, LLP

v.
United States Central Intelligence Agency United States Central Intelligence Agency, Defendant
Officially listed as "CENTRAL INTELLIGENCE AGENCY"

Represented by United States Department of Justice

Hayden, Michael V. Hayden, Michael V., Defendant
Officially listed as "MICHAEL V. HAYDEN"
Motorola, Inc. Unknown Role, Motorola, Inc.

Represented by United States Department of Justice

No Logo SCOTT A. KOCH, Defendant

Represented by United States Department of Justice

Office Washington, DC
Filed 6/14/2006
Jury Demand None
Demand
Nature of Suit 895 - Freedom of Information Act
Cause Section 05 U.S.C. § 552 Freedom of Information Act
Jurisdiction U.S. Government Defendant
Disposition Judgment - Motion Before Trial
County 11001
Terminated 7/15/2008
Origin 1
Reopened None
Lead Case None
Related Case
Other Court Case None
Def Custody Status
Flags CLOSED, TYPE-I
  Entries (57) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Legal Document 37 Filed: 9/5/2008, Entered: 9/5/2008 Memorandum in OppositionCourt Filing
Memorandum in opposition to re [32] MOTION to Alter Judgment as to [29] Order on Motion for Summary Judgment, Order on Motion to Dismiss/Lack of Jurisdiction, [30] Memorandum & Opinion or for Reconsideration of the Court's July 14, 2008 Order Dismissing the Case MOTION to Alter Judgment as to [29] Order on Motion for Summary Judgment, Order on Motion to Dismiss/Lack of Jurisdiction, [30] Memorandum & Opinion or for Reconsideration of the Court's July 14, 2008 Order Dismissing the Case MOTION to Alter Judgment as to [29] Order on Motion for Summary Judgment, Order on Motion to Dismiss/Lack of Jurisdiction, [30] Memorandum & Opinion or for Reconsideration of the Court's July 14, 2008 Order Dismissing the Case, [33] MOTION for Reconsideration re [29] Order on Motion for Summary Judgment, Order on Motion to Dismiss/Lack of Jurisdiction, [30] Memorandum & Opinion MOTION for Reconsideration re [29] Order on Motion for Summary Judgment, Order on Motion to Dismiss/Lack of Jurisdiction, [30] Memorandum & Opinion MOTION Or For Relief from Judgement re [29] Order on Motion for Summary Judgment, Order on Motion to Dismiss/Lack of Jurisdiction, [30] Memorandum & Opinion MOTION Or For Relief from Judgement re [29] Order on Motion for Summary Judgment, Order on Motion to Dismiss/Lack of Jurisdiction, [30] Memorandum & Opinion filed by CENTRAL INTELLIGENCE AGENCY, MICHAEL V. HAYDEN, SCOTT A. KOCH. (Attachments: # (1) Exhibit September 5, 2008 Letter to NSA)(Phillips, Heather)
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    Blank -- Filed: 8/27/2008, Entered: 8/27/2008 Set/Reset Deadlines:
    Set/Reset Deadlines: Responses due by 9/5/2008 Replies due by 9/29/2008. (CL, )
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      Blank -- Filed: 8/27/2008, Entered: 8/27/2008 Order on Motion for Extension of Time to
      MINUTE ORDER granting [35] Defendants' Second Motion for Extension of Time; Defendants shall have up to and including September 5, 2008 in which to file their Opposition to Plaintiff's Motion for Reconsideration; any reply brief shall be due on September 29, 2008. Signed by Judge Gladys Kessler on 8/27/08. (CL, )
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        Legal Document 36 Filed: 8/26/2008, Entered: 8/26/2008 Memorandum in Opposition
        Memorandum in opposition to re [35] Second MOTION for Extension of Time to file Opposition to Plaintiff's Motion for Reconsideration Response to Motion filed by NATIONAL SECURITY ARCHIVE. (Attachments: # (1) Text of Proposed Order)(Carome, Patrick)
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          Legal Document 35 Filed: 8/25/2008, Entered: 8/25/2008, Terminated: 8/27/2008 Motion for Extension of Time to
          Second MOTION for Extension of Time to file Opposition to Plaintiff's Motion for Reconsideration by CENTRAL INTELLIGENCE AGENCY, MICHAEL V. HAYDEN, SCOTT A. KOCH (Phillips, Heather)
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            Blank -- Filed: 8/6/2008, Entered: 8/6/2008 Set/Reset Deadlines:
            Set/Reset Deadlines: Opposition due by 8/25/2008 Reply due by 9/11/2008. (CL, )
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              Blank -- Filed: 8/6/2008, Entered: 8/6/2008 Order on Motion for Extension of Time to
              MINUTE ORDER granting [34] Defendants' Unopposed Motion for Extension of Time; Defendnants shall have up to and including August 25, 2008 in which to file their Opposition to Plaintiff's Motion for Reconsideration; Plaintiff's reply, if any, shall be due on September 11, 2008. Signed by Judge Gladys Kessler on 8/6/08. (CL, )
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                Legal Document 34 Filed: 8/5/2008, Entered: 8/5/2008, Terminated: 8/6/2008 Motion for Extension of Time to
                Unopposed MOTION for Extension of Time to File Opposition to Plaintiff's Motion to Reconsider by CENTRAL INTELLIGENCE AGENCY, MICHAEL V. HAYDEN, SCOTT A. KOCH (Phillips, Heather)
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                  Blank 33 Filed: 7/28/2008, Entered: 7/29/2008 Motion for ReconsiderationCourt Filing
                  MOTION for Reconsideration re [29] Order on Motion for Summary Judgment, Order on Motion to Dismiss/Lack of Jurisdiction, [30] Memorandum & Opinion, MOTION Or For Relief from Judgement re [29] Order on Motion for Summary Judgment, Order on Motion to Dismiss/Lack of Jurisdiction, [30] Memorandum & Opinion by NATIONAL SECURITY ARCHIVE (tr)( See Docket Entry [32] to view document)
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                    Legal Document 32 Filed: 7/28/2008, Entered: 7/28/2008 ~Motion to Alter Judgment
                    MOTION to Alter Judgment as to [29] Order on Motion for Summary Judgment, Order on Motion to Dismiss/Lack of Jurisdiction, [30] Memorandum & Opinion or for Reconsideration of the Court's July 14, 2008 Order Dismissing the Case by NATIONAL SECURITY ARCHIVE (Attachments: # (1) Memorandum in Support Motion for Reconsideration or, in the Alternative, for Relief from or to Alter or Amend Judgment, # (2) Declaration of Catherine Nielsen, # (3) Declaration of Kristin Adair, # (4) Text of Proposed Order)(Carome, Patrick)
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                      Legal Document (Payment Possibly Required) 42 Filed: 12/11/2008, Entered: None
                      STIPULATION and Settlement Agreement for Attorneys' Fees and Costs by NATIONAL SECURITY ARCHIVE. (Carome, Patrick) (Entered: 12/11/2008)
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                        Blank -- Filed: 7/25/2008, Entered: 7/25/2008 Order on Motion for Extension of Time to File
                        MINUTE ORDER granting [31] Plaintiff's Unopposed Motion for Extension of Time to File a Motion for Attorneys' Fees; the time for filing Plaintiff's Motion for Attorneys' Fees is extended until 30 days after the Court renders a decision of Plaintiff's Motion for Reconsideration. Signed by Judge Gladys Kessler on 7/25/08. (CL, )
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                          Legal Document (Payment Possibly Required) 41 Filed: 11/26/2008, Entered: None
                          Unopposed MOTION for Extension of Time to File Motion for Attorneys' Fees by NATIONAL SECURITY ARCHIVE (Attachments: # 1 Text of Proposed Order)(Carome, Patrick) (Entered: 11/26/2008)
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                            Legal Document 31 Filed: 7/24/2008, Entered: 7/24/2008, Terminated: 7/25/2008 Motion for Extension of Time to File
                            Unopposed MOTION for Extension of Time to File A Motion for Attorneys Fees by NATIONAL SECURITY ARCHIVE (Attachments: # (1) Text of Proposed Order)(Carome, Patrick)
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                              Legal Document (Payment Possibly Required) 40 Filed: 11/4/2008, Entered: None Court Filing
                              MEMORANDUM OPINION to the Order granting Plaintiff's Motion for Reconsideration. Signed by Judge Gladys Kessler on 11/4/08. (CL, ) (Entered: 11/04/2008)
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                                Legal Document 30 Filed: 7/14/2008, Entered: 7/14/2008 Memorandum and OpinionCourt Filing
                                MEMORANDUM OPINION to the Order granting Defendants' Motion to Dismiss and denying Plaintiff's Motion for Summary Judgment. Signed by Judge Gladys Kessler on 7/14/08. (CL, )
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                                  Legal Document (Payment Possibly Required) 39 Filed: 11/4/2008, Entered: None Court Filing
                                  ORDER granting 33 Plaintiff's Motion for Reconsideration; Plaintiff's Motion for Summary Judgment is hereby granted; Defendants shall grant Plaintiff status as a "representative of the news media" within the meaning of 5 U.S.C. Section 552(a)(4)(A)(ii)(II) Signed by Judge Gladys Kessler on 11/4/08. (CL, ) (Entered: 11/04/2008)
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                                    Legal Document 29 Filed: 7/14/2008, Entered: 7/14/2008 Order on Motion for Summary JudgmentCourt Filing
                                    ORDER denying [12] Plaintiff's Motion for Summary Judgment; and granting [15] Defendants' Motion to Dismiss for Lack of Jurisdiction; this case is hereby dismissed. Signed by Judge Gladys Kessler on 7/14/08. (CL, )
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                                      Legal Document (Payment Possibly Required) 38 Filed: 9/26/2008, Entered: None
                                      REPLY to opposition to motion re 33 MOTION for Reconsideration 29 Order on Motion for Summary Judgment, Order on Motion to Dismiss/Lack of Jurisdiction, 30 Memorandum & Opinion or for Reconsideration of the Court's July 14, 2008 Order Dismissing the Case MOTION to Alter Judgment as to 29 Order on Motion for Summary Judgment, Order on Motion to Dismiss/Lack of Jurisdiction, 30 Memorandum & Opinion or for Reconsideration of the Court's July 14, 2008 Order Dismissing the Case MOTION to Alter Judgment as to 29 Order on Motion for Summary Judgment, Order on Motion to Dismiss/Lack of Jurisdiction, 30 Memorandum & Opinion or for Reconsideration of the Court's July 14, 2008 Order Dismissing the Case filed by NATIONAL SECURITY ARCHIVE. (Attachments: # 1 Declaration Supplemental Declaration of Kristin Adair)(Carome, Patrick) Modified on 9/26/2008 to add correct linkage to motion (tr). (Entered: 09/26/2008)
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                                        Legal Document 28 Filed: 11/8/2007, Entered: 11/8/2007 Notice of Withdrawal of Appearance
                                        NOTICE OF WITHDRAWAL OF APPEARANCE as to NATIONAL SECURITY ARCHIVE. Attorney David Stuart Mendel terminated. (Mendel, David)
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                                          Legal Document 27 Filed: 11/8/2007, Entered: 11/8/2007 Notice of Appearance/
                                          NOTICE of Appearance by Patrick Joseph Carome on behalf of NATIONAL SECURITY ARCHIVE (Carome, Patrick)
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                                            Legal Document 26 Filed: 10/24/2007, Entered: 10/24/2007 Reply to Document
                                            REPLY to Rec. Doc. No. 25, Plaintiff's Memorandum of Law filed by CENTRAL INTELLIGENCE AGENCY, MICHAEL V. HAYDEN, SCOTT A. KOCH. (Phillips, Heather)
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                                              Legal Document 25 Filed: 10/19/2007, Entered: 10/22/2007 Memorandum
                                              MEMORANDUM of Law in Response to [22] NOTICE OF SUPPLEMENTAL AUTHORITY filed by SCOTT A. KOCH, CENTRAL INTELLIGENCE AGENCY, MICHAEL V. HAYDEN by NATIONAL SECURITY ARCHIVE. (tg, )
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                                                Blank -- Filed: 10/19/2007, Entered: 10/19/2007 Order on Motion For Leave to File.
                                                MINUTE ORDER granting [23] Plaintiff's Motion for Leave to File Supplemental Memorandum of Law in Response to Defendants' Notice of Supplemental Authority; the Clerk shall file the proposed supplemental memorandum that Plaintiff has lodged. Signed by Judge Gladys Kessler on 10/19/07. (CL, )
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                                                  Legal Document 24 Filed: 9/6/2007, Entered: 9/6/2007 Memorandum in Opposition
                                                  Memorandum in opposition to re [23] MOTION for Leave to File Supplemental Memorandum of Law in Response to Defendants' Notice of Supplemental Authority filed by CENTRAL INTELLIGENCE AGENCY, MICHAEL V. HAYDEN, SCOTT A. KOCH. (Phillips, Heather)
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                                                    Legal Document 23 Filed: 8/24/2007, Entered: 8/24/2007, Terminated: 10/19/2007 Motion for Leave to File
                                                    MOTION for Leave to File Supplemental Memorandum of Law in Response to Defendants' Notice of Supplemental Authority by NATIONAL SECURITY ARCHIVE (Attachments: # (1) Text of Proposed Order # (2) Memorandum of Law)(Mendel, David)
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                                                      Legal Document 22 Filed: 7/31/2007, Entered: 7/31/2007 NOTICE OF SUPPLEMENTAL AUTHORITY
                                                      NOTICE OF SUPPLEMENTAL AUTHORITY by CENTRAL INTELLIGENCE AGENCY, MICHAEL V. HAYDEN, SCOTT A. KOCH (Attachments: # (1) Exhibit Final Rule)(Phillips, Heather)
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                                                        Legal Document 21 Filed: 10/4/2006, Entered: 10/4/2006 Reply to opposition to Motion
                                                        REPLY to opposition to motion re [15] MOTION to Dismiss for Lack of Jurisdiction filed by CENTRAL INTELLIGENCE AGENCY, MICHAEL V. HAYDEN, SCOTT A. KOCH. (Phillips, Heather)
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                                                          Legal Document 20 Filed: 9/29/2006, Entered: 9/29/2006 Status Report
                                                          STATUS REPORT Joint Praecipe as requested by September 14 Order by NATIONAL SECURITY ARCHIVE, CENTRAL INTELLIGENCE AGENCY, MICHAEL V. HAYDEN, SCOTT A. KOCH. (Mendel, David)
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                                                            Legal Document 19 Filed: 9/29/2006, Entered: 9/29/2006 Reply to opposition to Motion
                                                            REPLY to opposition to motion re [12] MOTION for Summary Judgment filed by NATIONAL SECURITY ARCHIVE. (Mendel, David)
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                                                              Legal Document 18 Filed: 9/22/2006, Entered: 9/22/2006 Memorandum in Opposition
                                                              Memorandum in opposition to re [15] MOTION to Dismiss for Lack of Jurisdiction filed by NATIONAL SECURITY ARCHIVE. (Attachments: # (1) Text of Proposed Order # (2) Adair Declaration)(Mendel, David)
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                                                                Legal Document 17 Filed: 9/19/2006, Entered: 9/19/2006 Memorandum in Opposition
                                                                Memorandum in opposition to re [12] MOTION for Summary Judgment filed by CENTRAL INTELLIGENCE AGENCY, MICHAEL V. HAYDEN, SCOTT A. KOCH. (Attachments: # (1) Exhibit A)(Phillips, Heather)
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                                                                  Legal Document 16 Filed: 9/14/2006, Entered: 9/14/2006 OrderCourt Filing
                                                                  ORDER that, no later than October 1, 2006, the parties shall file a joint praecipe informing the Court of the status of the case, how the parties wish to proceed, and whether they believe an in-court status conference is necessary . Signed by Judge Gladys Kessler on 9/14/06. (CS, )
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                                                                    Blank -- Filed: 9/14/2006, Entered: 9/14/2006 Set/Reset Deadlines:
                                                                    Set/Reset Deadlines: Joint Praecipe re Status of the Case due by 10/1/2006. (CS, )
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                                                                      Blank -- Filed: 9/11/2006, Entered: 9/11/2006 Notice of Corrected Docket Entry
                                                                      NOTICE OF CORRECTED DOCKET ENTRY: re [11] MOTION for Summary Judgment was entered in error at the request of counsel. (tg, )
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                                                                        Legal Document 15 Filed: 9/8/2006, Entered: 9/8/2006, Terminated: 7/14/2008 Motion to Dismiss
                                                                        MOTION to Dismiss for Lack of Jurisdiction by CENTRAL INTELLIGENCE AGENCY, MICHAEL V. HAYDEN, SCOTT A. KOCH. (Attachments: # (1) Exhibit A)(Phillips, Heather)
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                                                                          Legal Document 14 Filed: 9/8/2006, Entered: 9/8/2006 Large Additional Attachment(s)
                                                                          ADDITIONAL ATTACHMENT by NATIONAL SECURITY ARCHIVE [12] MOTION for Summary Judgment filed by NATIONAL SECURITY ARCHIVE,. (Attachments: # (1) Exhibit B7# (2) Exhibits B8-10# (3) Exhibits B11-14# (4) Exhibits 15-28# (5) Exhibits C-D)(Mendel, David)
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                                                                            Legal Document 13 Filed: 9/8/2006, Entered: 9/8/2006 Large Additional Attachment(s)
                                                                            ADDITIONAL ATTACHMENT by NATIONAL SECURITY ARCHIVE [12] MOTION for Summary Judgment filed by NATIONAL SECURITY ARCHIVE,. (Attachments: # (1) Exhibit B4 Part 1# (2) Exhibit B4 Part 2# (3) Exhibit B4 Part 3# (4) Exhibit B5 Part 1# (5) Exhibit B5 Part 2# (6) Exhibit B5 Part 3)(Mendel, David)
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                                                                              Legal Document 12 Filed: 9/8/2006, Entered: 9/8/2006, Terminated: 7/14/2008 Motion for Summary Judgment
                                                                              MOTION for Summary Judgment by NATIONAL SECURITY ARCHIVE. (Attachments: # (1) Text of Proposed Order # (2) Plaintiff's Statement of Material Facts# (3) Plaintiff's Memorandum of Points and Authorities# (4) Exhibits A-B1)(Mendel, David)
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                                                                                Legal Document 11 Filed: 9/8/2006, Entered: 9/8/2006, Terminated: 9/11/2006 Motion for Summary Judgment
                                                                                ENTERED IN ERROR.....MOTION for Summary Judgment by NATIONAL SECURITY ARCHIVE. (Attachments: # (1) Text of Proposed Order # (2) Plaintiff's Statement of Material Facts# (3) Plaintiff's Memorandum of Points and Authorities# (4) Exhibits A-B1# (5) Exhibits B2-3# (6) Exhibit B4 Part 1)(Mendel, David) Modified on 9/11/2006 (tg, ).
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                                                                                Blank -- Filed: 8/17/2006, Entered: 8/17/2006 Set/Reset Deadlines:
                                                                                Set/Reset Deadlines: Answer due by 9/8/2006. (CS, )
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                                                                                  Blank -- Filed: 8/17/2006, Entered: 8/17/2006 Order on Motion for Extension of Time to
                                                                                  MINUTE ORDER granting [10] Defendants' Motion for a Second Extension of Time; Defendants shall have up to and including September 8, 2006 in which to answer or otherwise respond to Plaintiff's Complaint . Signed by Judge Gladys Kessler on 8/17/06. (CS, )
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                                                                                    Legal Document 10 Filed: 8/15/2006, Entered: 8/15/2006, Terminated: 8/17/2006 Motion for Extension of Time to
                                                                                    MOTION for Extension of Time to answer or otherwise respond to Plaintiff's complaint by CENTRAL INTELLIGENCE AGENCY, MICHAEL V. HAYDEN, SCOTT A. KOCH. (Phillips, Heather)
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                                                                                      Legal Document 9 Filed: 7/17/2006, Entered: 7/17/2006, Terminated: 7/17/2006 Motion for Extension of Time to File Answer
                                                                                      Consent MOTION for Extension of Time to File Answer re [1] Complaint by CENTRAL INTELLIGENCE AGENCY, MICHAEL V. HAYDEN, SCOTT A. KOCH. (Bressler, Steven)
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                                                                                        Blank -- Filed: 7/17/2006, Entered: 7/17/2006 Set/Reset Deadlines:
                                                                                        Set/Reset Deadlines: Answer due by 8/16/2006. (CS, )
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                                                                                          Blank -- Filed: 7/17/2006, Entered: 7/17/2006 Order on Motion for Extension of Time to Answer
                                                                                          MINUTE ORDER granting [9] Defendants' Motion for Extension of Time; Defendants shall have up to and including August 16, 2006 in which to answer or otherwise respond to Plaintiff's Complaint . Signed by Judge Gladys Kessler on 7/17/06. (CS, )
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                                                                                            Legal Document 8 Filed: 6/28/2006, Entered: 6/28/2006 Summons Returned Executed in FOIA case
                                                                                            SUMMONS Returned Executed by NATIONAL SECURITY ARCHIVE. CENTRAL INTELLIGENCE AGENCY served on 6/26/2006, answer due 7/26/2006. (Mendel, David)
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                                                                                              Legal Document 7 Filed: 6/28/2006, Entered: 6/28/2006 Summons Returned Executed in FOIA case
                                                                                              SUMMONS Returned Executed by NATIONAL SECURITY ARCHIVE. SCOTT A. KOCH served on 6/27/2006, answer due 7/27/2006. (Mendel, David)
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                                                                                                Legal Document 6 Filed: 6/28/2006, Entered: 6/28/2006 Summons Returned Executed in FOIA case
                                                                                                SUMMONS Returned Executed by NATIONAL SECURITY ARCHIVE. MICHAEL V. HAYDEN served on 6/27/2006, answer due 7/27/2006. (Mendel, David)
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                                                                                                  Legal Document 5 Filed: 6/27/2006, Entered: 6/27/2006 Summons Returned Executed in FOIA case
                                                                                                  SUMMONS Returned Executed by NATIONAL SECURITY ARCHIVE US Attorney Served on 6/16/2006, answer due 7/17/2006. (tg, )
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                                                                                                    Blank -- Filed: 6/27/2006, Entered: 6/27/2006 Notice of Corrected Docket Entry
                                                                                                    NOTICE OF CORRECTED DOCKET ENTRY: re [4] Summons Returned Executed as to US Attorney for DC was entered in error as the answer deadline does not reflect the FOIA case deadline. Counsel will refile said pleading. (tg, )
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                                                                                                      Blank -- Filed: 6/26/2006, Entered: 6/26/2006 Summons Reissued
                                                                                                      SUMMONS (3) REISSUED as to CENTRAL INTELLIGENCE AGENCY, MICHAEL V. HAYDEN, SCOTT A. KOCH (tg, )
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                                                                                                        Legal Document 4 Filed: 6/23/2006, Entered: 6/23/2006 Summons Returned Executed as to US Attorney for DC
                                                                                                        ENTERED IN ERROR.....RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the US Attorney. NATIONAL SECURITY ARCHIVE served on 6/16/2006, answer due 8/15/2006 (Mendel, David) Modified on 6/27/2006 (tg, ).
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                                                                                                          Legal Document 3 Filed: 6/23/2006, Entered: 6/23/2006 Summons Returned Executed as to Attorney General
                                                                                                          RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on Attorney General. Date of Service Upon Attorney General June 16, 2006. (Mendel, David)
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                                                                                                            Legal Document 2 Filed: 6/14/2006, Entered: 6/15/2006 LCvR 7.1 Certificate of Disclosure - Corporate Aff
                                                                                                            LCvR 7.1 - CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by NATIONAL SECURITY ARCHIVE (tg, )
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                                                                                                              Legal Document 1 Filed: 6/14/2006, Entered: 6/15/2006 Complaint
                                                                                                              COMPLAINT against CENTRAL INTELLIGENCE AGENCY, MICHAEL V. HAYDEN, SCOTT A. KOCH (Filing fee $ 350) filed by NATIONAL SECURITY ARCHIVE. (Attachments: # (1) Exhibits 1-10# (2) Exhibits 11-20)(tg, )
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                                                                                                              Blank -- Filed: 6/14/2006, Entered: 6/26/2006 Summons Issued
                                                                                                              Summons (5) Issued as to CENTRAL INTELLIGENCE AGENCY, MICHAEL V. HAYDEN, SCOTT A. KOCH, U.S. Attorney and U.S. Attorney General (tg, )
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