UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA ACCURACY IN MEDIA, et al., Plaintiffs, v. U.S. DEPARTMENT OF DEFENSE, et Civ. Action No. 14-1589 al., (EGS/DAR) Defendants. MEMORANDUM OPINION I. Introduction Plaintiffs Accuracy in Media, Inc.; Roger L. Aronoff; Captain Larry W. Bailey, USN (Ret.); Lieutenant Colonel Kenneth Benway, USA (Ret.); Colonel Richard F. Brauer, Jr., USA (Ret.); Clare M. Lopez; Admiral James A. Lyons, Jr., USN (Ret.); and Kevin Michael Shipp (collectively, “Plaintiffs”) have made a series of requests for information related to the 2012 attack on the United States Embassy in Benghazi, Libya. See generally Am. Compl., ECF No. 31.1 They now sue U.S. Department of Defense and its components (“DOD”); U.S. Department of State (“State 1 When citing electronic filings throughout this Opinion, the Court refers to the ECF page numbers, not the page numbers of the filed documents. 1 Department”); U.S. Department of Justice (“DOJ”) and its component the Federal Bureau of Investigation (“FBI”); and the Central Intelligence Agency (“CIA”) (collectively, “Defendants”) under the Freedom of Information Act (“FOIA”), 5 U.S.C. § 552, to obtain that information. See id. Pending before the Court are Defendants’ Motion for Summary Judgment, see Defs.’ Mot. for Summ. J., ECF No. 68; and Plaintiffs’ Cross-Motion for Summary Judgment, see Pls.’ Opp’n Defs.’ Mot. Summ. J., Cross-Mot. for Summ. J., & Mot. Leave Propound Interrog. to DOD, ECF No. 71. Also pending before this Court is Plaintiffs’ Motion for Leave to Propound Interrogatory to DOD. See id.; ECF No. 73. On January 7, 2019, the Court referred the case to a magistrate judge for a Report and Recommendation (“R. & R.”) on these pending motions, and the case was randomly referred to Magistrate Judge Deborah A. Robinson. See generally Docket for Civ. Act. No. 14-1589. On August 27, 2020, Magistrate Judge Robinson issued her R. & R. recommending that the Court grant in part and deny in part Defendants’ Motion for Summary Judgment, ECF No. 68; grant in part and deny in part Plaintiffs’ Cross-Motion for Summary Judgment, ECF No. 71; and deny Plaintiffs’ Motion for Leave to Propound Interrogatory to DOD, ECF No. 73. See R. & R., ECF No. 83 at 33. 2 Plaintiffs raise several objections to Magistrate Judge Robinson’s R. & R. See generally Pls.’ Obj. Magistrate Judge’s R. & R. (“Pls.’ Objs.”), ECF No. 87. Upon careful consideration of the R. & R., the objections and opposition thereto, the applicable law, and the entire record herein, the Court hereby ADOPTS Magistrate Judge Robinson’s R. & R., ECF No. 83; GRANTS IN PART and DENIES IN PART Defendants’ Motion for Summary Judgment, ECF No. 68; GRANTS IN PART and DENIES IN PART Plaintiffs’ Cross-Motion for Summary Judgment, ECF No. 71; and DENIES Plaintiffs’ Motion for Leave to Propound Interrogatory to DOD, ECF No. 73. II. Background A. Factual In 2014, Plaintiffs submitted over 40 separate FOIA requests to Defendants to obtain records related to the 2012 attack on the United States Embassy in Benghazi, Libya. See …
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