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Case TitleNATIONAL INSTITUTE OF MILITARY JUSTICE v. U.S. DEPARTMENT OF DEFENSE
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2004cv00312
Date Filed2004-02-26
Date Closed2006-06-12
JudgeJudge Reggie B. Walton
PlaintiffNATIONAL INSTITUTE OF MILITARY JUSTICE
DefendantU.S. DEPARTMENT OF DEFENSE
Documents
Docket
Complaint
Opinion/Order [52]
FOIA Project Annotation: Judge Reggie Walton has ruled that the Defense Department conducted an adequate search for records concerning correspondence and advice it received on the establishment of military tribunals to try detainees and that it properly withheld some of those records under Exemption 5 (deliberative process privilege). Walton also found that the agency could withhold information from foreign governments and organizations under Exemption 3 (other statutes), but indicated that the agency had not yet complied with some requirements of 10 U.S.C. § 130c(b)(3) and would have to do so before using the provision as a (b)(3) statute. In response to a request by the National Institute of Military Justice, the agency found about a thousand responsive pages and released portions of them. The Institute first claimed that the agency had conducted its search in bad faith, a charge Walton rejected, noting that "here, rightly or wrongly, the defendant narrowly construed the plaintiff's initial FOIA request. However, after the parties engaged in discussions and this suit was commenced, the defendant expanded its search for responsive documents, searched in locations not previously searched and utilized different search terms which expanded the scope of the search. While it now seems obvious that the defendant's initial search was inadequate, and it is clear that the defendant could have been more diligent in its initial response to plaintiff's FOIA request, this does not demonstrate bad faith. . .Although the agency was not initially diligent, that alone does not demonstrate bad faith, especially in light of the subsequent efforts to search for responsive records once the parties engaged in discussions about the specific type of documents the plaintiff was seeking." The agency cited 10 U.S.C. § 130c(b)(3) " which allows the Secretary of Defense to withhold information from foreign governments or international organizations if the information had been furnished to the government on the condition that it not be released to the public " as the basis for withholding some information. The Institute attacked the agency's decision on a variety of technical grounds and Walton agreed that a threshold issue " that the denying authority be a "national security official" " had not yet been met. The decision had been made by Christine Ricci, Associate Deputy General Counsel in the Office of General Counsel and an FOIA denial authority. Noting under the statute that a "national security official" was defined as the Secretary of Defense, the Secretary of Homeland Security, or the Secretary of Energy, Walton pointed out that "Ricci is therefore not a 'national security official' [under the statute]." He then noted that "apparently recognizing that Ricci does not qualify as a national security official, the defendant argues that she has the authority to withhold documents under § 130c pursuant to her authority as an Initial Denial Authority when responding to FOIA requests." He pointed out that "the statute provides for no other person in the DOD [other than the Secretary of Defense] to make such a determination, nor does it incorporate any language to suggest that an individual with authority to withhold documents under the FOIA can also withhold documents under § 130. This Court cannot read into a statute language that is clearly not there." However, Walton found the agency had complied with all other requirements of the statute and allowed the agency's claim on condition that the Secretary provided the appropriate authorization. Walton noted that at the time Ricci made the § 130c claim, the agency had not received written confirmation from the British government that its information should remain confidential as required by the statute. Although the agency provided a supplemental affidavit providing the confirmation of a written request, Walton pointed out that "it is apparent that when Ricci submitted her declaration that the foreign government had made no written representation indicating its desire that the requested information not be released to the public. Thus, any attempt to withhold disclosure under § 130c based on Ms. Ricci's declaration surely would have failed. It is curious why the defendant would even attempt to assert § 130c based on what Ricci said." Turning to comments from private attorneys concerning the military tribunals, the Institute claimed that the comments did not qualify as inter- or intra-agency communications. Walton indicated that "the information that came from the non-agency attorneys consisted of memoranda, correspondence, emails, and draft documents, all relating to the adoption of the regulations establishing the military commissions. Moreover, the views of these non-agency attorneys were requested by the DOD. There is simply no evidence that any non-agency attorneys were representing their personal interests or the interests of any clients in making their comments. Rather, the comments were clearly made to advance the 'truth and [the consultant's] sense of what good judgment calls for, and in those respects [the consultant] functions just as an employee would be expected to do.'" The Institute also argued that disclosure of the comments would not restrict the willingness of private attorneys to respond to such issues in the future. Walton rejected that claim, noting that "contrary to plaintiff's view, disclosure of these documents might very well stifle frank and honest views of others who may in the future be asked to provide advice and guidance to the DOD. And the status of an outside consultant is simply irrelevant to this discussion." The Institute complained that some documents referenced in released documents had been accounted for. This included a "draft military commission instruction entitled 'Review of Trials by Military Commissions,'" which was referenced in a number of other released documents but not mentioned in the Vaughn index, and minutes of a meeting allegedly held between non-agency attorneys and Paul Wolfowitz, the Deputy Secretary of Defense at that time, also referenced in a released document. But Walton indicated that "these arguments have no merit. As the Circuit Court has noted '[t]he issue is not whether any further documents might conceivably exist but rather whether the government's search for responsive documents was adequate.' The Court, having already concluded that the search was adequate, must also conclude that the plaintiff's argument that more documents should have been found is of no moment." This is not a completely accurate representation of the case law. Although the adequacy of a search is not dependent on finding every potential document, once a plaintiff has provided evidence that a responsive document exists and was not located, the burden falls to the agency to either produce that document or explain the steps it took in trying to locate it. In other words, mere speculative allegations that other records must exist is not sufficient to cast doubt on the adequacy of the search, but actual proof that other documents exist does require further explanation. Although Walton ruled in favor of the agency, he expressed concern about its performance. In his concluding remarks, he noted that "but for the filing of this action, the DOD may not have complied with its obligations under the FOIA. . .Here, the DOD acted only with the prodding brought about by this litigation. This is not how a government agency should comply with its statutory obligations. Nevertheless, the DOD has now responded to the plaintiff's FOIA request, as it should have done earlier, and as this Court has found, the defendant has now also adequately searched for responsive documents, a search that was not conducted in bad faith."
Issues: Adequacy - Search, Exemption 5 - Privileges - Deliberative process privilege - Deliberative, Exemption 5 - Inter- or intra-agency record, Exemption 3 - Statutory prohibition of disclosure
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2004-02-261COMPLAINT against U.S. DEPARTMENT OF DEFENSE (Filing fee $ 150.) , filed by NATIONAL INSTITUTE OF MILITARY JUSTICE.(td, ) (Entered: 03/03/2004)
2004-02-262LCvR 7.1 - CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests (td, ) (Entered: 03/03/2004)
2004-02-26SUMMONS (3) Issued as to U.S. DEPARTMENT OF DEFENSE, U.S. Attorney and U.S. Attorney General (td, ) (Entered: 03/03/2004)
2004-03-033RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to US Attorney served on 3/1/2004, answer due 4/30/2004. (td, ) (Entered: 03/04/2004)
2004-03-034RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to U.S. DEPARTMENT OF DEFENSE served on 3/1/2004, answer due 4/30/2004. (td, ) (Entered: 03/04/2004)
2004-03-315ATTORNEY APPEARANCE. (Fields, Rhonda) (Entered: 03/31/2004)
2004-03-316Consent MOTION for Extension of Time to File Answer re 1 Complaint by U.S. DEPARTMENT OF DEFENSE. (Attachments: # 1 Text of Proposed Order)(Fields, Rhonda) (Entered: 03/31/2004)
2004-04-06MINUTE ORDER granting 6 Consent Motion for Extension of Time to file a Response to the Complaint. Signed by Judge Reggie B. Walton on April 6, 2004.(AEQ, ) (Entered: 04/06/2004)
2004-06-217SHOW CAUSE ORDER. Plaintiff to Respond by June 30, 2004. Signed by Judge Reggie B. Walton on 6/19/04. (lcrbw1, ) (Entered: 06/21/2004)
2004-06-258ATTORNEY APPEARANCE. (Dube, Phillip) (Entered: 06/25/2004)
2004-06-259RESPONSE TO ORDER TO SHOW CAUSE by NATIONAL INSTITUTE OF MILITARY JUSTICE. (Attachments: # 1 Exhibit Exhibit A - Letter of June 16, 2004)(Dube, Phillip) (Entered: 06/25/2004)
2004-07-01MINUTE ENTRY: ORDER VACATING THE ORDER TO SHOW CAUSE. Signed by Judge Reggie B. Walton on 7/1/04. (lcrbw1, ) (Entered: 07/01/2004)
2004-08-06Set/Reset Hearings: Status Conference set for 8/19/2004 09:30 AM in Courtroom 5 before Judge Reggie B. Walton. (mpt, ) (Entered: 08/06/2004)
2004-08-1610Consent MOTION to Amend/Correct Set/Reset Hearings by U.S. DEPARTMENT OF DEFENSE. (Attachments: # 1 Text of Proposed Order)(Fields, Rhonda) (Entered: 08/16/2004)
2004-08-17Set/Reset Hearings: Status Conference originally set for 9:30 am on 8/19/04 reschedule for 8/30/2004 01:30 PM in Courtroom 5 before Judge Reggie B. Walton. (zmpt, ) (Entered: 08/17/2004)
2004-08-17MINUTE ORDER granting 10 Consent Motion to Reschedule Status Conference. ORDER a Status Conference shall be held on August 30, 2004 at 1:30 p.m. in Courtroom 5 at the E. Barrett Prettyman United States Courthouse, 333 Constitution Avenue, N.W., Washington, D.C. 20001. Signed by Judge Reggie B. Walton on 08/17/04. (lcrbw1, ) (Entered: 08/17/2004)
2004-08-2711NOTICE of Appearance by Claire M. Whitaker on behalf of U.S. DEPARTMENT OF DEFENSE (Whitaker, Claire) (Entered: 08/27/2004)
2004-08-2712STIPULATION Re Proposed Briefing Schedule for Defendant's Dispositive Motion by U.S. DEPARTMENT OF DEFENSE. (Attachments: # 1 Text of Proposed Order)(Whitaker, Claire) (Entered: 08/27/2004)
2004-08-30Minute Entry for proceedings held before Judge Reggie B. Walton : Status Conference held on 8/30/2004. Further Status Conference set for 2/4/2005 09:00 AM in Courtroom 5. (Scheduling Order will follow)(Court Reporter Phyllis Merana.) (mpt, ) (Entered: 08/30/2004)
2004-08-3013SCHEDULING ORDER. Signed by Judge Reggie B. Walton on 08/30/04. (lcrbw1, ) (Entered: 08/30/2004)
2004-08-30Set/Reset Deadlines: Answer to Complaint due by 9/20/2004. Summary Judgment motions due by 9/20/2004. Response to Motion for Summary Judgment due by 10/20/2004. Reply to Motion for Summary Judgment due by 11/3/2004. (mpt, ) (Entered: 08/31/2004)
2004-09-1714Defendant's ANSWER to Complaint for Injunctive Relief by U.S. DEPARTMENT OF DEFENSE.(Whitaker, Claire) (Entered: 09/17/2004)
2004-09-2015MOTION for Extension of Time to file Defendant's Motion for Summary Judgment by U.S. DEPARTMENT OF DEFENSE. (Attachments: # 1 Text of Proposed Order)(Whitaker, Claire) (Entered: 09/20/2004)
2004-09-21MINUTE ORDER granting 15 Motion for Extension of Time. The defendant shall file and serve an answer to the complaint and file and serve a motion for summary judgment, including a Vaughn v. Rosen declaration, by September 29, 2004. The plaintiff shall file a response by October 29, 2004 and the defendant shall file any reply thereto by November 12, 2004. Signed by Judge Reggie B. Walton on 9/21/04. (lcrbw1, ) (Entered: 09/21/2004)
2004-09-2116RESPONSE to Defendants' Motion For An Extension of Time and Plaintiff's Request for a Status Conference filed by NATIONAL INSTITUTE OF MILITARY JUSTICE. (Attachments: # 1 Exhibit Exhibit A# 2 Exhibit Exhibit B# 3 Exhibit Exhibit C# 4 Text of Proposed Order Proposed Order)(Dube, Phillip) (Entered: 09/21/2004)
2004-09-21Set/Reset Deadlines: Answer to Complaint and file and serve a Motion for Summary Judgment due by 9/29/2004; Response to Motion for Summary Judgment due by 10/29/2004. Reply to Motion for Summary Judgment due by 11/12/2004. (mpt, ) (Entered: 09/22/2004)
2004-09-2917Second MOTION for Extension of Time to file Motion for Summary Judgment with declaration and Vaughn Index by U.S. DEPARTMENT OF DEFENSE. (Attachments: # 1 Text of Proposed Order)(Whitaker, Claire) (Entered: 09/29/2004)
2004-09-30MINUTE ENTRY: ORDER granting 17 Motion for Extension of Time. No further extensions of time will be granted. The defendant shall file a motion for summary judgment, including a Vaughn v. Rosen declaration, by September 30, 2004. The plaintiff shall file a response by November 1, 2004 and the defendant shall file any reply thereto by November 15, 2004. Signed by Judge Reggie B. Walton on 09/30/04. (lcrbw1, ) (Entered: 09/30/2004)
2004-09-3018MOTION for Summary Judgment by U.S. DEPARTMENT OF DEFENSE. (Attachments: # 1 Affidavit Aly Declaration# 2 Exhibit Vaughn Index (Tab C) and Tabs A-F)(Whitaker, Claire) (Entered: 09/30/2004)
2004-10-0419MOTION for Protective Order by U.S. DEPARTMENT OF DEFENSE. (Attachments: # 1 Exhibit Attachment 1 - Letter from Plaintiff's Counsel# 2 Text of Proposed Order)(Whitaker, Claire) (Entered: 10/04/2004)
2004-10-1820Memorandum in opposition to motion re 19 Opposition to Motion For a Protective Order filed by NATIONAL INSTITUTE OF MILITARY JUSTICE. (Attachments: # 1 Text of Proposed Order Proposed Order)(Dube, Phillip) (Entered: 10/18/2004)
2004-10-2821REPLY to opposition to motion re 19 for protective order filed by U.S. DEPARTMENT OF DEFENSE. (Attachments: # 1 Exhibit 1 - Second Declaration of Stewart F. Aly)(Whitaker, Claire) (Entered: 10/28/2004)
2004-11-0122Cross MOTION for Summary Judgment by NATIONAL INSTITUTE OF MILITARY JUSTICE. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Text of Proposed Order)(Dube, Phillip) (Entered: 11/01/2004)
2004-11-0123Memorandum in opposition to motion re 18 filed by NATIONAL INSTITUTE OF MILITARY JUSTICE. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Text of Proposed Order)(Dube, Phillip) (Entered: 11/01/2004)
2004-11-0824Consent MOTION for Extension of Time to File Response/Reply as to 23 Memorandum in Opposition to Defendant's Motion for Summary Judgment by U.S. DEPARTMENT OF DEFENSE. (Attachments: # 1 Text of Proposed Order)(Whitaker, Claire) (Entered: 11/08/2004)
2004-11-0825Joint MOTION to Defer Oral Argument on Motion for Protective Order by U.S. DEPARTMENT OF DEFENSE. (Attachments: # 1 Text of Proposed Order)(Whitaker, Claire) (Entered: 11/08/2004)
2004-11-10MINUTE ORDER granting 24 Motion for Extension of Time to File Response/Reply. The defendant shall file a reply to the plaintiff's cross-motion by 11/15/04. MINUTE ORDER granting 25 Motion to defer oral argument on protective order. Signed by Judge Reggie B. Walton on 11/10/04. (lcrbw1, ) (Entered: 11/10/2004)
2004-11-1526Consent MOTION for Extension of Time to File Response/Reply as to 22 Cross MOTION for Summary Judgment, 23 Memorandum in Opposition by U.S. DEPARTMENT OF DEFENSE. (Attachments: # 1 Text of Proposed Order)(Whitaker, Claire) (Entered: 11/15/2004)
2004-11-16MINUTE ORDER granting 26 Motion for Extension of Time. The defendant shall file a reply to the plaintiff's opposition to the defendant?s motion for summary judgment and an opposition to the plaintiff's cross motion for summary judgment by 12/6/04. Signed by Judge Reggie B. Walton on 11/16/04. (lcrbw1, ) (Entered: 11/16/2004)
2004-12-0627Second MOTION for Extension of Time to File Response/Reply to plaintiff's opposition to defendant's motion for summary judgment and opposition to plaintiff's cross motion by U.S. DEPARTMENT OF DEFENSE. (Attachments: # 1 Text of Proposed Order)(Whitaker, Claire) (Entered: 12/06/2004)
2004-12-07MINUTE ORDER granting 27 Motion for Extension of Time. The defendant shall file a reply to the plaintiff's opposition to the defendant's motion for summary judgment and its opposition to the plaintiff's cross-motion for summary judgment by 12/15/04. Signed by Judge Reggie B. Walton on 12/07/04. (lcrbw1, ) (Entered: 12/07/2004)
2004-12-1528Consent MOTION for Extension of Time to File Response/Reply to Plaintiff's Opposition to Defendant's dispositive motion and Opposition to Plaintiff's Cross Motion by U.S. DEPARTMENT OF DEFENSE. (Attachments: # 1 Exhibit Declaration of Christine S. Ricci# 2 Text of Proposed Order)(Whitaker, Claire) (Entered: 12/15/2004)
2004-12-16MINUTE ORDER granting 28 Motion for Extension of Time. The defendant shall file a reply to the plaintiff's opposition to its motion for summary judgment and defendant's opposition to the plaintiff's cross-motion by 1/7/05. Signed by Judge Reggie B. Walton on 12/16/04. (lcrbw1, ) (Entered: 12/16/2004)
2005-01-0729Consent MOTION for Extension of Time to respond to Plaintiff's Opposition to defendant's Motion for Summary Judgment and to oppose Plaintiff's Motion for Summary Judgment by U.S. DEPARTMENT OF DEFENSE. (Attachments: # 1 )(Whitaker, Claire) (Entered: 01/07/2005)
2005-01-10MINUTE ORDER granting 29 Motion for Extension of Time. The defendant shall file its reply to the plaintiff's opposition to the defendant's motion and its opposition to plaintiff's cross motion by 1/14/05. Signed by Judge Reggie B. Walton on 1/10/05. (lcrbw1, ) (Entered: 01/10/2005)
2005-01-1430MOTION for Extension of Time to File Response/Reply as to 22 Cross MOTION for Summary Judgment, 23 Memorandum in Opposition by U.S. DEPARTMENT OF DEFENSE. (Attachments: # 1 Text of Proposed Order)(Whitaker, Claire) (Entered: 01/14/2005)
2005-01-18MINUTE ORDER granting 30 Motion for Extension of Time to File Response/Reply. The defendant shall file its reply to the plaintiff's opposition to the defendant's dispositive motion and the defendant's opposition to the plaintiff's cross motion by 2/3/05. Signed by Judge Reggie B. Walton on 1/18/05. (lcrbw1, ) (Entered: 01/18/2005)
2005-02-0231Consent MOTION for Extension of Time to File Response/Reply to plaintiff's opposition and reply and to reschedule status conference on 2/4/05 by U.S. DEPARTMENT OF DEFENSE. (Attachments: # 1 Text of Proposed Order)(Whitaker, Claire) (Entered: 02/02/2005)
2005-02-0332ERRATA and Notice of Filing of Document Inadvertently Omitted from Docket #31 by U.S. DEPARTMENT OF DEFENSE. (Attachments: # 1 Declaration of Christine Ricci)(Whitaker, Claire) (Entered: 02/03/2005)
2005-02-03MINUTE ORDER granting 31 Motion for Extension of Time and Rescheduling Status Conference. The status conference set for 2/4/05 is reset for 3/11/05 at 10:15 a.m. Signed by Judge Reggie B. Walton on 2/3/05. (lcrbw1, ) (Entered: 02/03/2005)
2005-02-1533Consent MOTION for Extension of Time to File New Dispositive Motions by U.S. DEPARTMENT OF DEFENSE. (Attachments: # 1 Text of Proposed Order)(Whitaker, Claire) (Entered: 02/15/2005)
2005-02-16MINUTE ORDER granting 33 Motion for Extension of Time. The defendsnat shall file a motion for summary judgment by 2/28/05 and the plaintiff shall file its opposition and/or cross-motion for summary judgment by 3/29/05. Signed by Judge Reggie B. Walton on 2/16/05.(lcrbw1, ) (Entered: 02/16/2005)
2005-02-2834MOTION for Extension of Time to File defendant's motion for summary judgment by U.S. DEPARTMENT OF DEFENSE. (Attachments: # 1 Text of Proposed Order)(Whitaker, Claire) (Entered: 02/28/2005)
2005-03-01MINUTE ORDER granting 34 Motion for Extension of Time. The defendant shall file its motion for summary judgment by 3/8/05. Signed by Judge Reggie B. Walton on 3/1/05. (lcrbw1, ) (Entered: 03/01/2005)
2005-03-0835Unopposed MOTION for Extension of Time to File Defendant's Motion for Summary Judgment by U.S. DEPARTMENT OF DEFENSE. (Attachments: # 1 Text of Proposed Order)(Whitaker, Claire) (Entered: 03/08/2005)
2005-03-09MINUTE ORDER granting 35 Motion for Extension of Time. Signed by Judge Reggie B. Walton on 3/9/05. (lcrbw1, ) (Entered: 03/09/2005)
2005-03-09Set/Reset Hearings: Status Conference originally set for 3/11/05 at 10:15 am was reset for 8/26/2005 10:00 AM in Courtroom 5 before Judge Reggie B. Walton. (mpt, ) (Entered: 03/09/2005)
2005-03-0936MOTION for Summary Judgment by U.S. DEPARTMENT OF DEFENSE. (Attachments: # 1 Exh. 1 - Plaintiff's FOIA Request# 2 Exh. 2 - Letter to Fidell - 11/18/03# 3 Exh. 3 Letter to Fidell - 6/4/04# 4 Exh. 4 1/4/04 Appeal letter# 5 Exh. 5 Letter to Fidell 3/1/04# 6 Exh. 6 Letter to Fidell - 12/6/04# 7 Exh. 7 Letter to Fidell - 12/14/04# 8 Exh. 8 Letter to Fidell - 12/30/04# 9 Exh. 9 Letter to Fidell 1/4/05# 10 Exhibit 10 Letter to Fidell 2/18/05# 11 Exh. 11 - Vaughn Index# 12 Declaration of Paul W. Cobb, Jr.# 13 Text of Proposed Order)(Whitaker, Claire) (Entered: 03/09/2005)
2005-04-0737Consent MOTION for Extension of Time to File Opposition to Defendant's Motion For Summary Judgment by NATIONAL INSTITUTE OF MILITARY JUSTICE. (Attachments: # 1 Text of Proposed Order)(Dube, Phillip) (Entered: 04/07/2005)
2005-04-08MINUTE ORDER granting 37 Motion for Extension of Time to File. The plaintiff shall file its opposition to the defendant's motion for summary judgment by 5/9/05. Signed by Judge Reggie B. Walton on 4/8/05. (lcrbw1, ) (Entered: 04/08/2005)
2005-04-2238NOTICE of Filing of Declaration of Christine S. Ricci by U.S. DEPARTMENT OF DEFENSE re 36 MOTION for Summary Judgment (Attachments: # 1 Exhibit Declaration of Christine S. Ricci)(Whitaker, Claire) (Entered: 04/22/2005)
2005-05-0639Consent MOTION for Extension of Time to File Opposition to Defendant's Motion for Summary Judgment by NATIONAL INSTITUTE OF MILITARY JUSTICE. (Attachments: # 1 Text of Proposed Order)(Dube, Phillip) (Entered: 05/06/2005)
2005-05-09MINUTE ORDER granting 39 Motion for Extension of Time. The plaintiff may file its opposition to defendant's motion for summary judgment by 5/31/05. Signed by Judge Reggie B. Walton on 5/9/05. (lcrbw1, ) (Entered: 05/09/2005)
2005-05-3140Memorandum in opposition to motion re 36 filed by NATIONAL INSTITUTE OF MILITARY JUSTICE. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Declaration of Eugene Fidel# 5 Declaration of Morton H. Halperin)(Dube, Phillip) (Entered: 05/31/2005)
2005-05-3141Cross MOTION for Summary Judgment by NATIONAL INSTITUTE OF MILITARY JUSTICE. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Declaration of Eugene Fidell# 5 Declaration of Morton H. Halperin)(Dube, Phillip) (Entered: 05/31/2005)
2005-06-1042Consent MOTION for Extension of Time to File Response/Reply to plaintiff's cross motion for summary judgment and to plaintiff's opposition to defendant's motion for summary judgment by U.S. DEPARTMENT OF DEFENSE. (Attachments: # 1 Text of Proposed Order)(Whitaker, Claire) (Entered: 06/10/2005)
2005-06-13MINUTE ORDER granting 42 Motion for Extension of Time to File Response/Reply. The defendant shall file an opposition to plaintiff's cross motion for summary judgment and reply to plaintiff's opposition to defendant's motion for summary judgment by July 1, 2005. Signed by Judge Reggie B. Walton on 6/13/05.(lcrbw1, ) (Entered: 06/13/2005)
2005-07-0143Consent MOTION for Extension of Time to file an opposition to plaintiff's cross motion for summary judgment and a reply to plaintiff's opposition to defendant's motion for summary judgment by U.S. DEPARTMENT OF DEFENSE. (Attachments: # 1 Text of Proposed Order)(Whitaker, Claire) (Entered: 07/01/2005)
2005-07-05MINUTE ORDER granting 43 Motion for Extension of Time. The defendant shall file its opposition to plaintiff's cross motion for summary judgment and reply to plaintiff's opposition to defendant's motion for summary judgment by 7/11/05. Signed by Judge Reggie B. Walton on 7/5/05. (lcrbw1, ) (Entered: 07/05/2005)
2005-07-1144Third MOTION for Extension of Time to file defendant's opposition to plaintiff's cross motion for summary judgment and reply to plaintiff's opposition to defendant's motion for summary judgment to and including 7/18/05 by U.S. DEPARTMENT OF DEFENSE. (Attachments: # 1 Text of Proposed Order)(Whitaker, Claire) (Entered: 07/11/2005)
2005-07-1845REPLY to opposition to motion re 36 for summary judgment (cross) by plaintiff and reply to opposition to defendant's motion for summary judgment filed by U.S. DEPARTMENT OF DEFENSE. (Attachments: # 1 Att. 1-Defendant's Statement Addressing Plaintiff's Statement of Material Facts# 2 Att.2-Declaration of Christine Ricci# 3 Att.3-Vaughn Index# 4 Att.4-Declaration of Karen Hecker# 5 Att.5-DoD FOIA Guide - excerpts# 6 Att.6-Declaration of Lawrence Horner# 7 Att.7-Transcript of hearing-ACLU v. DoD# 8 Att.8-Gerstein v. DoD - mem.op & order# 9 Text of Proposed Order)(Whitaker, Claire) (Entered: 07/18/2005)
2005-07-1846Memorandum in opposition to Cross motion re 41 for summary judgment filed by U.S. DEPARTMENT OF DEFENSE; (See Document no. 45 for image) (td, ) (Entered: 07/19/2005)
2005-07-19MINUTE ORDER granting 44 Motion for Extension of Time. Signed by Judge Reggie B. Walton on 7/19/05. (lcrbw1, ) (Entered: 07/19/2005)
2005-07-2147Consent MOTION for Extension of Time to File Response/Reply to Defendant's Opposition to Plaintiff's Cross-Motion for Summary Judgment by NATIONAL INSTITUTE OF MILITARY JUSTICE. (Attachments: # 1 Text of Proposed Order)(Dube, Phillip) (Entered: 07/21/2005)
2005-07-22MINUTE ORDER granting 47 Motion for Extension of Time to File Response/Reply. The plaintiff shall file its reply by 8/12/05. No further motions for extension of time will be granted. Signed by Judge Reggie B. Walton on 7/22/05. (lcrbw1, ) (Entered: 07/22/2005)
2005-08-0848REPLY to opposition to motion re 41 filed by NATIONAL INSTITUTE OF MILITARY JUSTICE. (Dube, Phillip) (Entered: 08/08/2005)
2005-08-17Set/Reset Hearings: Status Conference originally set for 8/26/05 was reset for 10/17/2005 at 09:15 AM in Courtroom 5 before Judge Reggie B. Walton. (mpt, ) (Entered: 08/17/2005)
2005-09-1449ORDER granting 19 Motion for Protective Order. Signed by Reggie B. Walton on 9/14/05. (lcrbw1, ) (Entered: 09/14/2005)
2005-10-1150Unopposed MOTION to Continue the October 17, 2005, Status Conference by U.S. DEPARTMENT OF DEFENSE. (Attachments: # 1 Text of Proposed Order)(Whitaker, Claire) (Entered: 10/11/2005)
2005-10-12MINUTE ORDER granting 50 Motion to Continue. The parties will be notified of the new date for the status conference. Signed by Judge Reggie B. Walton on 10/12/05. (lcrbw1, ) (Entered: 10/12/2005)
2005-10-14Set/Reset Hearings: Status Conference set for 12/19/2005 09:00 AM in Courtroom 5 before Judge Reggie B. Walton. (mpt, ) (Entered: 10/14/2005)
2005-12-1651ORDER granting in part and denying in part 36 Motion for Summary Judgment, granting in part and denying in part 41 Motion for Summary Judgment. Signed by Judge Reggie B. Walton on 12/16/05. (lcrbw1, ) (Entered: 12/16/2005)
2005-12-1652MEMORANDUM AND OPINION. Signed by Judge Reggie B. Walton on 12/16/05. (lcrbw1, ) (Entered: 12/16/2005)
2005-12-19Minute Entry for proceedings held before Judge Reggie B. Walton : Status Conference held on 12/19/2005. Government Renewed Motion due by 2/21/06; Opposition due by 3/24/06; Reply due by 4/7/06; Further Status Conference set for 7/21/2006 09:00 AM in Courtroom 5 before Judge Reggie B. Walton. (Court Reporter Phyllis Merana.) (mpt, ) (Entered: 12/19/2005)
2006-02-2153MOTION for Extension of Time to file Renewed Motion for Summary Judgment and for in camera inspection by U.S. DEPARTMENT OF DEFENSE. (Attachments: # 1 Text of Proposed Order)(Whitaker, Claire) (Entered: 02/21/2006)
2006-02-22MINUTE ORDER granting 53 Motion for Extension of Time. Defendant shall have until 2/23/06 to file its renewed motion for summary judgment and motion for in camera review. Signed by Judge Reggie B. Walton on 2/22/06. (lcrbw1, ) (Entered: 02/22/2006)
2006-02-2354MOTION for Leave to File Defendant's Motion for Leave to File Documents In Camera by U.S. DEPARTMENT OF DEFENSE. (Attachments: # 1 Text of Proposed Order)(Whitaker, Claire) (Entered: 02/23/2006)
2006-02-2355Final MOTION for Summary Judgment relating to Exemption 3 withholdings by U.S. DEPARTMENT OF DEFENSE. (Attachments: # 1 Exhibit 1 - Determination of Deputy Secretary of Defense# 2 Exhibit 2 - DoD Directive No. 5105.02# 3 Exhibit 3 - Hecker Decl. with Att. A# 4 Exhibit 4 - Barlow v. US, Unpublished decision# 5 Exhibit 5 - Newsham v. Lockheed - unpublished order# 6 Statement of Material Facts Not in Dispute# 7 Text of Proposed Order)(Whitaker, Claire) (Entered: 02/23/2006)
2006-02-27MINUTE ORDER granting 54 Motion for Leave to Submit Documents In Camera. Signed by Judge Reggie B. Walton on 2/27/06. (lcrbw1, ) (Entered: 02/27/2006)
2006-03-2456ORDER to show cause. Signed by Judge Reggie B. Walton on 3/24/06. (lcrbw1, ) (Entered: 03/24/2006)
2006-03-24MINUTE ORDER VACATING ORDER TO SHOW CAUSE. Signed by Judge Reggie B. Walton on 3/24/06. (lcrbw1, ) (Entered: 03/24/2006)
2006-03-2457Memorandum in opposition to re 55 Defendant's Renewed Motion for Summary Judgment filed by NATIONAL INSTITUTE OF MILITARY JUSTICE. (Attachments: # 1 Text of Proposed Order Proposed Order)(Dube, Phillip) (Entered: 03/24/2006)
2006-04-0758MOTION for Extension of Time to File Response/Reply to Plaintiff's Opposition to Defendant's Motion for Summary Judgment regarding its Exemption 3 withholding by U.S. DEPARTMENT OF DEFENSE. (Attachments: # 1 Text of Proposed Order)(Whitaker, Claire) (Entered: 04/07/2006)
2006-04-10MINUTE ORDER granting 58 Motion for Extension of Time to File Response/Reply. The defendant's reply shall be filed by 4/21/06. Signed by Judge Reggie B. Walton on 4/10/06. (lcrbw1, ) (Entered: 04/10/2006)
2006-04-2159REPLY to opposition to motion re 55 Final MOTION for Summary Judgment relating to Exemption 3 withholdings filed by U.S. DEPARTMENT OF DEFENSE. (Attachments: # 1 Exhibit 1 - Determination of the Secretary of Defense)(Whitaker, Claire) (Entered: 04/21/2006)
2006-06-1260ORDER granting 55 Motion for Summary Judgment. Signed by Judge Reggie B. Walton on 6/12/06. (lcrbw1, ) (Entered: 06/12/2006)
2006-08-1061NOTICE OF APPEAL as to 60 Order on Motion for Summary Judgment by NATIONAL INSTITUTE OF MILITARY JUSTICE. Filing fee $ 455, receipt number 137665. (Attachments: # 1 Exhibit)(td, ) (Entered: 08/11/2006)
2006-08-11Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re 61 Notice of Appeal (td, ) (Entered: 08/11/2006)
2006-08-29USCA Case Number 06-5242 for 61 Notice of Appeal filed by NATIONAL INSTITUTE OF MILITARY JUSTICE,. (td, ) (Entered: 08/30/2006)
2008-05-2762MANDATE of USCA (certified copy) as to 61 Notice of Appeal filed by NATIONAL INSTITUTE OF MILITARY JUSTICE, it is ORDERED and ADJUDGED that the jusgment of the District Court appealed from in this cause is hereby affirmed, in accordance with the opinion of the court filed herein this date. (USCA No. 06-5242) (kb) (Entered: 07/11/2008)
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