May 12, 2026 Communications Concerning Revised Joint Status Report After Missed FBI Production Date

A Joint Status Report (“JSR”) due May 12, 2026 remains pending in Foerster v. U.S. Department of Justice, No. 1:25-cv-03277-CJN, concerning the status of FBI FOIA production.

The DOJ previously represented to the Court that the FBI anticipated making its first production on or about May 4, 2026. No production was made by that date.

Following the missed production date, Plaintiff Dr. Bradley Foerster filed a Motion to Compel Production and Request for In Camera Review on May 6, 2026.


Conferral Regarding the Joint Status Report

Subsequent communications between Dr. Foerster and Assistant United States Attorney Kimberly Stratton addressed the status of production, the parties’ anticipated positions, and the upcoming May 12, 2026 Joint Status Report deadline.

During a May 8, 2026 conference, Dr. Foerster offered to prepare the upcoming Joint Status Report if necessary. DOJ subsequently advised that it would prepare a draft Joint Status Report for the parties’ review and filing.


DOJ Circulates Draft JSR With Revised FBI Production Schedule

On May 11, 2026, DOJ circulated a draft Joint Status Report stating that the FBI had identified approximately 522 pages of potentially responsive records together with potentially responsive audio records.

The draft further stated that the FBI now anticipated productions on or about May 15, 2026 and June 16, 2026.

The draft filing included a placeholder for Plaintiff’s separate position regarding the status of production and the pending Motion to Compel Production and Request for In Camera Review.

DOJ draft Joint Status Report circulated May 11, 2026, identifying approximately 522 pages of potentially responsive FBI records, potentially responsive audio records, revised production dates, and a placeholder for Plaintiff’s statement.

Plaintiff’s May 11, 2026 email transmitting proposed language for Paragraph 4 of the draft Joint Status Report and requesting review of the revised filing prior to submission.

Later May 11, 2026 email-thread screenshot reflecting the status of the correspondence after Plaintiff transmitted proposed Joint Status Report language.



May 12, 2026: Dr. Foerster Transmits Separate Status Position to DOJ Counsel

Following circulation of the draft Joint Status Report, Dr. Foerster transmitted proposed language for Plaintiff’s position on May 11, 2026 and requested review of a revised finalized draft prior to filing.

On May 12, 2026, Dr. Foerster additionally transmitted a draft separate “Plaintiff’s Status Position” to Assistant United States Attorney Kimberly Stratton, noting that although the parties had previously conferred regarding the status of production and the upcoming Joint Status Report deadline, Dr. Foerster had not yet received a finalized revised Joint Status Report for review and approval prior to the Court’s filing deadline.

Dr. Foerster further advised that, absent receipt of a finalized revised Joint Status Report by approximately 2:00 PM, he anticipated filing the separate status position in order to ensure timely compliance with the Court’s deadline, while also expressing hope that the parties could still proceed through a finalized joint filing.

The draft filing stated that the FBI previously represented that production was anticipated on or about May 4, 2026, that no production was made by that date, and that DOJ later advised during a May 8, 2026 conference that the FBI now anticipated productions on or about May 15, 2026 and June 16, 2026.


May 12, 2026 correspondence and draft “Plaintiff’s Status Position” transmitted to DOJ counsel regarding the pending Joint Status Report deadline.




May 12, 2026: Revised Joint Status Report Approved for Filing

On May 12, 2026, DOJ circulated a revised Joint Status Report incorporating Plaintiff’s proposed language regarding the missed May 4, 2026 production date, the pending Motion to Compel Production and Request for In Camera Review, the revised FBI production schedule, and the approximately 522 pages of potentially responsive records together with potentially responsive audio records.

Dr. Foerster subsequently approved filing of the revised Joint Status Report subject to correction of typographical issues in the introductory paragraph and requested transmission of the finalized filed version following submission to the Court.

At approximately 11:05 AM on May 12, 2026, Dr. Foerster additionally confirmed by telephone with Assistant United States Attorney Kimberly Stratton that he had transmitted the approval email and approved the Joint Status Report for filing.


May 12, 2026 approval correspondence regarding the revised Joint Status Report and confirmation of approval for filing.



Revised Joint Status Report reflecting Plaintiff’s proposed language concerning the missed May 4, 2026 production date, revised FBI production schedule, and approximately 522 pages of potentially responsive records together with potentially responsive audio records.



Call history screenshot reflecting the approximately 11:05 AM May 12, 2026 telephone call between Dr. Foerster and Assistant United States Attorney Kimberly Stratton confirming approval of the Joint Status Report for filing.


The Joint Status Report was subsequently filed on the public docket later on May 12, 2026.


Related Material

The record remains pending.

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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.