Case 1:17-cv-01167-JEB Document 34 Filed 11/08/17 Page 1 of 5

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLUMBIA

CABLE NEWS NETWORK, INC.,

Civil Action No. 1:17-cv-01167-JEB
Plaintiff,
v.
FEDERAL BUREAU OF INVESTIGATION,

Defendant.

GANNETT SATELLITE INFORMATION

NETWORK, LLC, d/b/a USA TODAY, et al.,
Civil Action No. 1:17-cv-01175-JEB
Plaintiffs,
v.
DEPARTMENT OF JUSTICE,

Defendant.

JUDICIAL WATCH, INC.,

Civil Action No. 1:17-cv-01189-JEB
Plaintiff,
v.
UNITED STATES DEPARTMENT OF
JUSTICE,

Defendant.

FREEDOM WATCH, INC.,

Civil Action No. 1:17-cv-01212-JEB
Plaintiff,
v.
UNITED STATES DEPARTMENT OF
JUSTICE and FEDERAL BUREAU OF
INVESTIGATION,

Defendants.
 Case 1:17-cv-01167-JEB Document 34 Filed 11/08/17 Page 2 of 5

THE DAILY CALLER NEWS

FOUNDATION,
Civil Action No. 1:17-cv-01830-JEB
Plaintiff,
v.
UNITED STATES DEPARTMENT OF
JUSTICE,

Defendant.

THIRD JOINT STATUS REPORT

In accordance with the Courts October 19, 2017, minute order, and the parties prior

Second Joint Status Report (Dkt. No. 24), the parties (as identified below) present the following

status report:

These consolidated actions arise under the Freedom of Information Act (FOIA), 5

U.S.C. 552. They involve FOIA requests for records memorializing conversations between

former Director of the Federal Bureau of Investigation (FBI) James Comey and President

Donald J. Trump, which this filing will refer to as the Comey Memos. In addition, several

requests ask for additional related documents. Specifically, portions of the requests filed by

Gannett Satellite Information Network, Brad Heath, the James Madison Project, Garrett Graff

and Lachlan Markey (the Gannett plaintiffs) and by Freedom Watch sought additional

documents. This status report is submitted by defendants and by the Gannett plaintiffs and

Freedom Watch to address the portions of requests seeking additional related documents.

1. The government has completed the searches for and production of documents

responsive to the remaining portions of plaintiffs FOIA requests, with the following results.
 Case 1:17-cv-01167-JEB Document 34 Filed 11/08/17 Page 3 of 5

As previously stated, the Department of Justice located no responsive documents.

The FBI located no documents responsive to the remaining portion of the request

submitted by Gannett and Brad Heath.

The FBI located documents responsive to the remaining portions of the requests

submitted by the James Madison Project, Garrett Graff, and Lachlan Markay, and by

Freedom Watch. The FBI has withheld these documents in full pursuant to FOIA

Exemptions (b)(7)(A) and (b)(5), (b)(6), and (b)(7)(C).

2. Defendants and the Gannett plaintiffs propose the following briefing schedule for

dispositive motions with regard to these portions of the FOIA requests.

Defendants motion for summary judgment and Vaughn declaration due by January

12, 2018.

Plaintiffs cross-motion for summary judgment and opposition due by February 2,

2018.

Defendants opposition and reply brief due by February 23, 2018.

Plaintiffs reply brief due by March 9, 2018.

3. Freedom Watchs position is that all withheld docs and records should be

submitted in camera forthwith.

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 Case 1:17-cv-01167-JEB Document 34 Filed 11/08/17 Page 4 of 5

Dated: November 8, 2017 Respectfully submitted,

CHAD A. READLER
Acting Assistant Attorney General
Civil Division

MARCIA BERMAN
Assistant Director, Civil Division

/s/Carol Federighi
CAROL FEDERIGHI
Senior Trial Counsel
United States Department of Justice
Civil Division, Federal Programs Branch
P.O. Box 883
Washington, DC 20044
Phone: (202) 514-1903
Email: carol.federighi@usdoj.gov

Counsel for Defendant

/s/Bradley Moss
Bradley P. Moss, Esq.
D.C. Bar #975905
Mark S. Zaid, Esq.
D.C. Bar #440532
MARK S. ZAID, P.C.
1250 Connecticut Avenue, N.W.
Suite 200
Washington, D.C. 20036
(202) 454-2809
(202) 330-5610 fax
Brad@MarkZaid.com
Mark@MarkZaid.com

Counsel for Plaintiffs Gannett Satellite

Information Network, LLC, d/b/a USA TODAY,
Brad Heath, The James Madison Project,
Garrett Graff, and Lachlan Markay

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Case 1:17-cv-01167-JEB Document 34 Filed 11/08/17 Page 5 of 5

/s/Larry Klayman
Larry Klayman, Esq.
FREEDOM WATCH, INC.
D.C. Bar No. 334581
2020 Pennsylvania Ave, NW
Suite 345
Washington, DC, 20006
Tel: (310) 595-0800
Email: leklayman@gmail.com