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Case TitlePHILIPS v. DEPARTMENT OF THE NAVY
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2019cv00650
Date Filed2019-03-04
Date Closed2020-07-15
JudgeJudge Trevor N. McFadden
PlaintiffTARIK PHILIPS
DefendantJ. A. RIEHL Department of Navy Secretary of the Navy Council of Review Board Director
DefendantJ. A. RIEHL Department of Navy Secretary of the Navy Council of Review Board Director
TERMINATED: 04/26/2019
DefendantG. E. LATTIN Office of the Judge Advocate General
DefendantG. E. LATTIN Office of the Judge Advocate General
TERMINATED: 04/26/2019
DefendantDEPARTMENT OF THE NAVY
Documents
Docket
Complaint
Complaint attachment 1
Opinion/Order [28]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2019-03-04Initiating Pleading & IFP Application Received on 03/04/2019. A copy of the docket sheet has been mailed to the address of record for the pro se party. (zsb) (Entered: 03/07/2019)
2019-03-041COMPLAINT against G. E. LATTIN, J. A. RIEHL filed by TARIK PHILIPS. (Attachment: # 1 Exhibit)(zsb) (Entered: 03/07/2019)
2019-03-042MOTION for Leave to Proceed in forma pauperis by TARIK PHILIPS (zsb) (Entered: 03/07/2019)
2019-03-043PARTIAL PRISONER TRUST FUND ACCOUNT STATEMENT by TARIK PHILIPS (zsb) (Entered: 03/07/2019)
2019-03-044MOTION for Vaughn Index by TARIK PHILIPS (zsb) (Entered: 03/07/2019)
2019-04-265ORDER directing an initial partial filing fee in the amount of $26.69 from Prison Account of TARIK PHILLIPS and granting MOTION for Leave to Proceed In Forma Pauperis (see order for full details). Pro Se party has been notified by first class mail. Signed by Judge Emmet G. Sullivan on 04/25/2019. (zsb) (Entered: 04/29/2019)
2019-04-29Case Assigned to Judge Trevor N. McFadden. (zsb) (Entered: 04/29/2019)
2019-04-296STANDING ORDER Establishing Procedures for Cases Before Judge Trevor N. McFadden. The parties are hereby ORDERED to read and comply with the directives in the attached standing order. Signed by Judge Trevor N. McFadden on 04/29/2019. (lctnm2) (Entered: 04/29/2019)
2019-04-307SUMMONS (3) Issued as to TARIK PHILIPS, U.S. Attorney and U.S. Attorney General (zsb) (Entered: 04/30/2019)
2019-05-168RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 5/14/2019. ( Answer due for ALL FEDERAL DEFENDANTS by 6/13/2019.), RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 5/14/19. (ztd) (Entered: 05/20/2019)
2019-05-299Letter from TARIK PHILIPS. "Leave to file GRANTED" by Judge Trevor N. McFadden on 5/29/19. (tth) (Entered: 06/03/2019)
2019-06-1110NOTICE of Appearance by Paul Cirino on behalf of DEPARTMENT OF THE NAVY (Cirino, Paul) (Entered: 06/11/2019)
2019-06-1211ANSWER to 1 Complaint by DEPARTMENT OF THE NAVY, G. E. LATTIN, J. A. RIEHL.(Cirino, Paul) (Entered: 06/12/2019)
2019-06-14MINUTE ORDER. Defendant has filed an Answer to Plaintiff's Complaint brought under the Freedom of Information Act (FOIA). FOIA actions are exempt from the requirements of Federal Rule of Civil Procedure 26(f) and Local Civil Rule 16.3. The Defendant shall, by July 18, 2019, submit a Report on the status of Plaintiff's request and propose a briefing schedule. SO ORDERED. Signed by Judge Trevor N. McFadden on 6/14/19. (lctnm2) (Entered: 06/14/2019)
2019-06-14Set/Reset Deadlines: Defendant's Report due by 7/18/2019. (hmc) (Entered: 06/14/2019)
2019-07-0112MOTION for Leave to File Reply Motion to Defendant's Answer by TARIK PHILIPS. "Leave to file GRANTED" signed by Judge Trevor N. McFadden on 07/01/2019 (jf) (Main Document 12 replaced on 7/12/2019) (ztd). (Entered: 07/02/2019)
2019-07-0113REPLY re 1 Complaint filed by TARIK PHILIPS. (Attachments: # 1 envelope)(ztd) (Entered: 07/05/2019)
2019-07-08MINUTE ORDER granting 12 Motion for Leave to File. Upon consideration of the Plaintiff's 12 Motion for Leave to File and the attached 13 Reply, the Court hereby grants the Plaintiff leave to file his 13 Reply to the Defendants' Answer even though the federal rules do not call for any such Reply. The Defendants need not respond to the filing. Signed by Judge Trevor N. McFadden on 07/08/2019. (lctnm2) (Entered: 07/08/2019)
2019-07-0914RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. DEPARTMENT OF THE NAVY served on 6/20/2019. (tth) (Entered: 07/12/2019)
2019-07-1715STATUS REPORT by DEPARTMENT OF THE NAVY. (Cirino, Paul) (Entered: 07/17/2019)
2019-07-17MINUTE ORDER. Upon consideration of the Defendant's 15 Status Report, it is hereby ordered that the Defendant shall file a further Status Report on or before August 9, 2019. The Status Report should advise the Court of the Defendant's processing of the Plaintiff's FOIA request and, if appropriate, propose a briefing schedule for summary judgment motions. Signed by Judge Trevor N. McFadden on 07/17/2019. (lctnm2) (Entered: 07/17/2019)
2019-07-18Set/Reset Deadlines: Defendant's Status Report due by 8/9/2019. (hmc) (Entered: 07/18/2019)
2019-07-2916RESPONSE re 15 Status Report filed by TARIK PHILIPS. (jf) (Entered: 07/31/2019)
2019-08-0917STATUS REPORT by DEPARTMENT OF THE NAVY. (Cirino, Paul) (Entered: 08/09/2019)
2019-08-12MINUTE ORDER. Upon consideration of the Defendant's 17 Status Report, it is hereby ordered that the Defendant shall file a further Status Report on or before September 10, 2019. The Status Report should advise the Court of the status of the Defendant's processing of the Plaintiff's FOIA request and propose a briefing schedule for summary judgment in this matter. Signed by Judge Trevor N. McFadden on 08/12/2019. (lctnm2) (Entered: 08/12/2019)
2019-08-12Set/Reset Deadlines: Defendant's further Status Report due by 9/10/2019. (tg) (Entered: 08/12/2019)
2019-08-2218RESPONSE re 17 Status Report filed by TARIK PHILIPS. (ztth) (Entered: 08/27/2019)
2019-08-26MINUTE ORDER. Upon consideration of the proceedings in this case, the Court hereby denies without prejudice the Plaintiff's 4 Motion for a Vaughn Index as premature. Signed by Judge Trevor N. McFadden on 08/26/2019. (lctnm2) (Entered: 08/26/2019)
2019-09-1019STATUS REPORT by DEPARTMENT OF THE NAVY. (Cirino, Paul) (Entered: 09/10/2019)
2019-09-10MINUTE ORDER. Upon consideration of the Defendant's 19 Status Report, it is hereby ordered that the parties shall adhere to the following schedule: the Defendant's motion for summary judgment is due on or before October 31, 2019. The Plaintiff's opposition and any cross-motion for summary judgment is due on or before November 28, 2019. The Defendant's response to the Plaintiff's filing is due on or before December 12, 2019. If the Plaintiff files a cross-motion for summary judgment with his opposition, his reply in support of that cross-motion is due on or before January 2, 2020. Signed by Judge Trevor N. McFadden on 09/10/2019. (lctnm2) (Entered: 09/10/2019)
2019-09-10Set/Reset Deadlines: Defendant's Motion for Summary Judgment due by 10/31/2019. Plaintiff's Opposition and Cross-Motion due by 11/28/2019. Defendant's response due by 12/12/2019. Plaintiff's reply due by 1/2/2020. (hmc) (Entered: 09/10/2019)
2019-10-2520MOTION for Extension of Time to File Motion for Summary Judgment by DEPARTMENT OF THE NAVY, G. E. LATTIN, J. A. RIEHL (Attachments: # 1 Text of Proposed Order)(Cirino, Paul) (Entered: 10/25/2019)
2019-10-28MINUTE ORDER granting Defendant's 20 Motion to Extend Time to File Summary Judgment Motion. The parties shall adhere to the following schedule: Defendant's motion for summary judgment is due on or before November 21, 2019. Plaintiff's opposition and any cross-motion for summary judgment is due on or before December 19, 2019. Defendant's response to Plaintiff's filing is due on or before January 2, 2020. If Plaintiff files a cross-motion for summary judgment with his opposition, his reply in support of that cross-motion is due on or before January 23, 2020. SO ORDERED. Signed by Judge Trevor N. McFadden on 10/28/2019. (lctnm2) (Entered: 10/28/2019)
2019-10-28Set/Reset Deadlines: Defendant's motion for summary judgment due by 11/21/2019. Plaintiff's opposition and cross-motion for summary judgment due by 12/19/2019. Defendant's opposition and reply due by 1/2/2020. Plaintiff's reply due by 1/23/2020. (hmc) (Entered: 10/28/2019)
2019-11-2121MOTION for Summary Judgment by DEPARTMENT OF THE NAVY, G. E. LATTIN, J. A. RIEHL (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Declaration of Lieutenant Peter Tyson Marx, # 4 Text of Proposed Order)(Cirino, Paul) (Entered: 11/21/2019)
2019-11-2222CERTIFICATE OF SERVICE by DEPARTMENT OF THE NAVY, G. E. LATTIN, J. A. RIEHL re 21 MOTION for Summary Judgment . (Cirino, Paul) (Entered: 11/22/2019)
2019-11-2223MOTION for Extension of Time to File Response/Reply as to 21 MOTION for Summary Judgment by DEPARTMENT OF THE NAVY, G. E. LATTIN, J. A. RIEHL (Attachments: # 1 Text of Proposed Order)(Cirino, Paul) (Entered: 11/22/2019)
2019-11-22NOTICE OF ERROR re 22 Certificate of Service; emailed to paul.cirino@usdoj.gov, cc'd 4 associated attorneys -- The PDF file you docketed contained errors: 1. In future, the Certificate of Service should be filed with the Motion. (ztth, ) (Entered: 11/22/2019)
2019-11-2224ORDER advising that if Plaintiff fails to respond to Defendant's 21 Motion for Summary Judgment by December 19, 2019, the Court may consider any factual assertions in the Defendant's affidavits as conceded. See attached Order for details. Signed by Judge Trevor N. McFadden on 11/22/2019. (lctnm2) (Entered: 11/22/2019)
2019-11-22MINUTE ORDER granting Defendant's 23 Motion to Extend Time to File Response. Defendant shall file its response to Plaintiff's opposition and any cross-motion on or before January 23, 2020. Plaintiff shall file his reply, if any, to Defendant's response on or before February 13, 2020. Plaintiff is advised that his opposition to Defendant's 21 Motion for Summary Judgment, and any cross-motion, remain due on or before December 19, 2019. SO ORDERED. Signed by Judge Trevor N. McFadden on 11/22/2019. (lctnm2) (Entered: 11/22/2019)
2019-11-25Set/Reset Deadlines: Defendant's response to Plaintiff's opposition and any cross-motion due by 1/23/2020. Plaintiff's reply due by 2/13/2020. Plaintiff's opposition to Defendant's 21 Motion for Summary Judgment, and any cross-motion due by 12/19/2019. (hmc) (Entered: 11/25/2019)
2019-12-2025Memorandum in opposition to re 21 MOTION for Summary Judgment filed by TARIK PHILIPS. (Attachment: # 1 Exhibit) (ztth) (Entered: 12/30/2019)
2020-01-2326REPLY to opposition to motion re 21 MOTION for Summary Judgment and Opposition to Plaintiff's Cross-Motion for Summary Judgment filed by DEPARTMENT OF THE NAVY, G. E. LATTIN, J. A. RIEHL. (Attachments: # 1 Exhibit A -- Complete Version of Plaintiff's Motion/Opposition)(Cirino, Paul) (Entered: 01/23/2020)
2020-02-1327SURREPLY to re 21 MOTION for Summary Judgment filed by TARIK PHILIPS. "Leave to file GRANTED". Signed by Judge Trevor N. McFadden on 02/13/2020. (eg) (Entered: 02/14/2020)
2020-07-1528MEMORANDUM OPINION re Defendant's 21 Motion for Summary Judgment. Signed by Judge Trevor N. McFadden on 7/15/2020. (lctnm2) (Entered: 07/15/2020)
2020-07-1529ORDER. In accordance with the 28 Memorandum Opinion, Defendant's 21 Motion for Summary Judgment is GRANTED. The Clerk of the Court is directed to close the case. This is a final, appealable Order. Signed by Judge Trevor N. McFadden on 7/15/2020. (lctnm2) (Entered: 07/15/2020)
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