Motion to Compel Filed After Missed FBI Production Date; Subsequently Moot Following Partial FBI Release

Dr. Bradley Foerster filed a Motion to Compel Production and Request for In Camera Review in ongoing federal FOIA litigation against the U.S. Department of Justice and the Federal Bureau of Investigation in the United States District Court for the District of Columbia (Case No. 1:25-cv-03277-CJN) after the FBI failed to make a previously anticipated production of records by May 4, 2026.

In a Joint Status Report filed on March 4, 2026, DOJ advised the Court that the FBI had identified 522 pages of potentially responsive records and responsive audio records and anticipated releasing its first production on or before May 4, 2026, with monthly productions thereafter until completion.

No production was received by May 4, 2026. Dr. Foerster subsequently filed the Motion to Compel Production and Request for In Camera Review on May 6, 2026, requesting commencement of production, an updated production schedule, production of reasonably segregable non-exempt material, and limited in camera review concerning withheld records and responsive audio media.

The motion did not seek sanctions or broader discovery relief. Instead, it requested limited judicial supervision concerning records already identified by the FBI and referenced in the parties' Joint Status Report.

Subsequent developments. The FBI's first production was ultimately received on May 18, 2026. On May 20, 2026, the parties filed a Joint Notice advising the Court that the production had been received and that the motion was therefore moot. On May 22, 2026, Judge Carl J. Nichols entered a Minute Order formally denying the motion as moot.

Filed Documents

Motion to Compel Production and Request for In Camera Review
United States District Court for the District of Columbia
Filed May 6, 2026 (Pages 1–5)

Foerster v DOJ stamped motion to compel page 1

Foerster v DOJ stamped motion to compel page 2

Foerster v DOJ stamped motion to compel page 3

Foerster v DOJ stamped motion to compel page 4

Foerster v DOJ stamped motion to compel page 5

[Proposed] Order Granting Plaintiff’s Motion to Compel Production and Request for In Camera Review

Subsequent Federal Court Filing

On May 20, 2026, the parties filed a Joint Notice in Foerster v. U.S. Department of Justice, No. 1:25-cv-03277-CJN, confirming that the FBI’s anticipated production was ultimately received on May 18, 2026.

The filing further states that Plaintiff Dr. Bradley Foerster considered the previously filed Motion to Compel Production and Request for In Camera Review moot following receipt of the production. DOJ additionally stated that the FBI would not file an opposition brief in response to the motion.

The Joint Notice therefore formally memorializes within the federal court record that production occurred after the previously anticipated May 4, 2026 production date had passed without disclosure. The next Joint Status Report remains due July 13, 2026.

Court Disposition

Following the parties' May 20, 2026 Joint Notice advising the Court that the FBI's first interim production had been received, Judge Carl J. Nichols entered a Minute Order on May 22, 2026 formally denying the Motion to Compel Production and Request for In Camera Review as moot.

The Minute Order concluded the motion proceedings following receipt of the FBI's first interim production.

Related Reporting

Brad Foerster, MD PhD

Brad Foerster is a FOIA advocate documenting requests, transparency disputes, and accountability investigations involving public agencies, universities, police oversight, and Russia-Gate related inquiries. His work compiles original documents, timelines, and analysis of public records and institutional responses. Brad is also a board-certified radiologist, author of Town & Gown, and has published over 40 peer-reviewed articles. Brad lives in Potomac, Maryland with his family and is active in the Montgomery County Medical Society and the Takoma Park U.S. & World History Book Club.