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Case TitleC-123 VETERANS ASSOCIATION et al v. DEPARTMENT OF THE AIR FORCE
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2014cv00521
Date Filed2014-03-27
Date Closed2016-01-04
JudgeJudge Gladys Kessler
PlaintiffC-123 VETERANS ASSOCIATION
PlaintiffMAJOR WESLEY T. CARTER
Case DescriptionC-123 Veterans Association submitted a FOIA request to the Department of the Air Force for records concerning its decision on the Association's members' exposure to Agent Orange in a "Consultative Letter." The Association also requested a fee waiver. The agency acknowledged receipt of the request and denied the Association's request for a fee waiver. After hearing nothing further, the Association submitted an administrative appeal. The agency indicated it would take longer to respond to the request, but the Association finally filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantDEPARTMENT OF THE AIR FORCE
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
Complaint attachment 7
Complaint attachment 8
Complaint attachment 9
Complaint attachment 10
Complaint attachment 11
Complaint attachment 12
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2014-03-271COMPLAINT against DEPARTMENT OF THE AIR FORCE ( Filing fee $ 400 receipt number 0090-3666917) filed by WESLEY T. CARTER, THE C-123 VETERANS ASSOCIATION. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Appendix A, # 6 Appendix B, # 7 Appendix C, # 8 Appendix D, # 9 Appendix E, # 10 Appendix F, # 11 Appendix G, # 12 Appendix H)(Ratner, Micah) (Entered: 03/27/2014)
2014-03-272NOTICE of Appearance by Micah J. Ratner on behalf of All Plaintiffs (Ratner, Micah) (Entered: 03/27/2014)
2014-03-273NOTICE of Appearance by Ronald G. London on behalf of All Plaintiffs (London, Ronald) (Entered: 03/27/2014)
2014-03-274NOTICE OF RELATED CASE by All Plaintiffs. Case related to Case No. 1:14-cv-00519. (Ratner, Micah) (Entered: 03/27/2014)
2014-03-27Case Assigned to Judge Gladys Kessler. (sth, ) (Entered: 03/28/2014)
2014-03-285SUMMONS Issued (3) Electronically as to DEPARTMENT OF THE AIR FORCE, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Summons, # 2 Summons, # 3 Summons)(sth, ) (Entered: 03/28/2014)
2014-04-186RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 04/01/2014. (Ratner, Micah) (Entered: 04/18/2014)
2014-04-187RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the District of Columbia Attorney General. Date of Service Upon District of Columbia Attorney General 3/31/2014. Answer due for ALL D.C. DEFENDANTS by 4/21/2014. (Ratner, Micah) (Entered: 04/18/2014)
2014-04-188RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. DEPARTMENT OF THE AIR FORCE served on 4/3/2014 (Ratner, Micah) (Entered: 04/18/2014)
2014-04-299NOTICE of Appearance by Marian L. Borum on behalf of DEPARTMENT OF THE AIR FORCE (Borum, Marian) (Entered: 04/29/2014)
2014-04-3010Consent MOTION for Extension of Time to Move, Answer or Otherwise Respond to Plaintiffs' Complaint by DEPARTMENT OF THE AIR FORCE (Borum, Marian) (Entered: 04/30/2014)
2014-04-3011ERRATA by DEPARTMENT OF THE AIR FORCE. (Attachments: # 1 Exhibit)(Borum, Marian) (Entered: 04/30/2014)
2014-05-0212ORDER granting 10 Motion for Extension of Time to file Answer to the Complaint. Answer due June 16, 2014. Signed by Judge Gladys Kessler on 5/2/2014. (lcgk3) (Main Document 12 replaced on 5/5/2014) (zmm, ). (Entered: 05/02/2014)
2014-05-05Set/Reset Deadlines: Answer due by 6/16/2014. (zmm, ) (Entered: 05/05/2014)
2014-06-0613NOTICE of Appearance by Adam M. Shoemaker on behalf of All Plaintiffs (Shoemaker, Adam) (Entered: 06/06/2014)
2014-06-1614ANSWER to Complaint by DEPARTMENT OF THE AIR FORCE.(Borum, Marian) (Entered: 06/16/2014)
2014-06-2415ORDER that the Parties are to submit a proposed briefing schedule no later than July 18, 2014. Signed by Judge Gladys Kessler on 6/24/14. (CL, ) (Entered: 06/24/2014)
2014-06-24Set/Reset Deadlines: Proposed Briefing Schedule due no later than 7/18/2014. (CL, ) (Entered: 06/24/2014)
2014-07-1816Joint MOTION for Briefing Schedule by DEPARTMENT OF THE AIR FORCE (Borum, Marian) (Entered: 07/18/2014)
2014-07-2117ORDER granting 16 the Parties' Joint Motion for Briefing Schedule (see Order for details). Signed by Judge Gladys Kessler on 7/21/14. (CL, ) (Entered: 07/21/2014)
2014-07-21Set/Reset Deadlines: Summary Judgment motions due by 9/15/2014. Response to Motion for Summary Judgment due by 10/14/2014. Reply to Motion for Summary Judgment due by 11/13/2014. Cross Motions due by 10/14/2014. Response to Cross Motions due by 11/13/2014. Reply to Cross Motions due by 12/2/2014. (CL, ) (Entered: 07/21/2014)
2014-09-1218Consent MOTION for Extension of Time to Move, Answer or Otherwise Respond to Plaintiff's Complaint by DEPARTMENT OF THE AIR FORCE (Borum, Marian) (Entered: 09/12/2014)
2014-09-1519ORDER denying 18 Defendant's Consent Motion for Extension of Time; Defendant has already filed an Answer to Plaintiffs' Complaint on June 16, 2014. Signed by Judge Gladys Kessler on 9/15/14. (CL, ) (Entered: 09/15/2014)
2014-09-1520Consent MOTION for Extension of Time to File Motion for Summary Judgment by DEPARTMENT OF THE AIR FORCE (Borum, Marian) (Entered: 09/15/2014)
2014-09-15MINUTE ORDER granting 20 Defendant's Consent Motion for Extension of Time; Defendant shall have up to and including October 15, 2014, in which to file a Motion for Summary Judgment. Signed by Judge Gladys Kessler on 9/15/14. (CL, ) (Entered: 09/15/2014)
2014-09-15Set/Reset Deadlines: Summary Judgment motions due by 10/15/2014. (CL, ) (Entered: 09/15/2014)
2014-09-1621Joint MOTION for Briefing Schedule by DEPARTMENT OF THE AIR FORCE (Borum, Marian) (Entered: 09/16/2014)
2014-09-2322ORDER granting 21 the Joint Motion for Briefing Schedule (see Order for details). Signed by Judge Gladys Kessler on 9/23/14. (CL, ) (Entered: 09/23/2014)
2014-09-23Set/Reset Deadlines: Cross Motions due by 11/13/2014. Response to Cross Motions due by 12/15/2014. Reply to Cross Motions due by 1/9/2015. Summary Judgment motions due by 10/15/2014. Response to Motion for Summary Judgment due by 11/13/2014. Reply to Motion for Summary Judgment due by 12/15/2014. (CL, ) (Entered: 09/23/2014)
2014-10-1423Joint MOTION for Briefing Schedule (Amended) by DEPARTMENT OF THE AIR FORCE (Borum, Marian) (Entered: 10/14/2014)
2014-10-1524ORDER granting 23 the Joint Motion for Briefing Schedule (see Order for details). Signed by Judge Gladys Kessler on 10/15/14. (CL, ) (Entered: 10/15/2014)
2014-10-15Set/Reset Deadlines: Cross Motions due by 12/15/2014. Response to Cross Motions due by 1/14/2015. Reply to Cross Motions due by 1/29/2015. Summary Judgment motions due by 11/14/2014. Response to Motion for Summary Judgment due by 12/15/2014. Reply to Motion for Summary Judgment due by 1/14/2015. (CL, ) (Entered: 10/15/2014)
2014-11-1825Consent MOTION for Extension of Time to File Motion for Summary Judgment by DEPARTMENT OF THE AIR FORCE (Borum, Marian) (Entered: 11/18/2014)
2014-11-19MINUTE ORDER granting 25 Defendant's Consent Motion for Extension of Time; Defendant shall have up to and including December 15, 2014, in which to file a Motion for Summary Judgment. Signed by Judge Gladys Kessler on 11/19/14. (CL, ) (Entered: 11/19/2014)
2014-11-19Set/Reset Deadlines: Summary Judgment motion due by 12/15/2014. (CL, ) (Entered: 11/19/2014)
2014-11-2026ENTERED IN ERROR.....ORDER that Defendat shall have until December 18, 2014, in which to complete their release of responsive documents; if a further extension is need, Defendant shall file a Motion and Proposed Order. Signed by Judge Gladys Kessler on 11/20/14. (CL, ) Modified on 11/24/2014 (tth). (Entered: 11/20/2014)
2014-11-20Set/Reset Deadlines: Responsive documents due by 12/18/2014. (CL, ) (Entered: 11/20/2014)
2014-12-1527Joint MOTION for Briefing Schedule by DEPARTMENT OF THE AIR FORCE (Borum, Marian) (Entered: 12/15/2014)
2014-12-1528ORDER granting 27 the Joint Motion for Briefing Schedule (see Order for details). Signed by Judge Gladys Kessler on 12/15/14. (CL, ) (Entered: 12/15/2014)
2014-12-15Set/Reset Deadlines: Cross Motions due by 2/28/2015. Response to Cross Motions due by 3/30/2015. Reply to Cross Motions due by 4/14/2015. Summary Judgment motions due by 1/30/2015. Response to Motion for Summary Judgment due by 2/28/2015. Reply to Motion for Summary Judgment due by 3/30/2015. (CL, ) (Entered: 12/15/2014)
2015-01-2329NOTICE OF SUBSTITUTION OF COUNSEL by April Denise Seabrook on behalf of DEPARTMENT OF THE AIR FORCE Substituting for attorney Marian Borum (Seabrook, April) (Entered: 01/23/2015)
2015-01-3030Joint MOTION for Briefing Schedule by DEPARTMENT OF THE AIR FORCE (Seabrook, April) (Entered: 01/30/2015)
2015-02-0231ORDER granting 30 the Joint Motion for Briefing Schedule (see Order for details). Signed by Judge Gladys Kessler on 1/30/2015. (CL, ) (Entered: 02/02/2015)
2015-02-02Set/Reset Deadlines: Cross Motions due by 4/1/2015. Response to Cross Motions due by 5/1/2015. Reply to Cross Motions due by 5/15/2015. Summary Judgment motions due by 3/2/2015. Response to Motion for Summary Judgment due by 4/1/2015. Reply to Motion for Summary Judgment due by 5/1/2015. (CL, ) (Entered: 02/02/2015)
2015-02-2732ENTERED IN ERROR.....Joint MOTION for Briefing Schedule by DEPARTMENT OF THE AIR FORCE (Seabrook, April) Modified on 3/2/2015 (znmw, ). (Entered: 02/27/2015)
2015-02-2733MOTION for Briefing Schedule Errata Replacing Inadvertently Filed Document by DEPARTMENT OF THE AIR FORCE 32 Joint MOTION for Briefing Schedule filed by DEPARTMENT OF THE AIR FORCE. (Attachments: # 1 Memorandum in Support Joint Motion for Briefing Scheduling)(Seabrook, April) Modified on 3/2/2015 (znmw, ). (Entered: 02/27/2015)
2015-03-0334ORDER granting 33 the Parties' Joint Motion for Briefing Schedule (see Order for details). Signed by Judge Gladys Kessler on 3/3/15. (CL, ) (Entered: 03/03/2015)
2015-03-03Set/Reset Deadlines: Cross Motions due by 5/2/2015. Response to Cross Motions due by 6/3/2015. Reply to Cross Motions due by 6/17/2015. Dispositive Motions due by 4/2/2015. Response to Dispositive Motions due by 5/2/2015. Reply to Dispositive Motions due by 6/3/2015. (CL, ) (Entered: 03/03/2015)
2015-04-0135Joint MOTION for Briefing Schedule by DEPARTMENT OF THE AIR FORCE (Seabrook, April) (Entered: 04/01/2015)
2015-04-0636ORDER granting 35 the Joint Motion for Briefing Schedule (see Order for details). Signed by Judge Gladys Kessler on 4/6/15. (CL, ) (Entered: 04/06/2015)
2015-04-06Set/Reset Deadlines: Summary Judgment motions due by 5/2/2015. Response to Motion for Summary Judgment due by 6/2/2015. Reply to Motion for Summary Judgment due by 7/3/2015. Cross-Motion due by 6/2/2015. Defendant's Opposition to Cross-Motion due by 7/3/15. Plaintiffs' Reply in Support of Cross-Motion due by 7/17/2015. (CL, ) (Entered: 04/06/2015)
2015-04-06Set/Reset Deadlines: Cross motion reply due by 7/17/2015. (zmm, ) (Entered: 04/06/2015)
2015-05-0137Joint MOTION for Briefing Schedule by DEPARTMENT OF THE AIR FORCE (Seabrook, April) (Entered: 05/01/2015)
2015-05-11MINUTE ORDER granting 37 the Parties' Joint Motion for Briefing Schedule; Defendant's Motion for Summary Judgment will be due on June 2, 2015; Plaintiffs' Cross-Motion for Summary Judgment and Opposition to Defendant's Motion will be due on July 2, 2015; Defendant's Opposition to Plaintiffs' Motion and Response in Support of Its Motion will be due on August 3, 2015; and Plaintiffs' Reply in Support of Their Cross-Motion will be due on August 17, 2015. Signed by Judge Gladys Kessler on 5/11/15. (CL, ) (Entered: 05/11/2015)
2015-05-11Set/Reset Deadlines: Cross Motions due by 7/2/2015. Response to Cross Motions due by 8/3/2015. Reply to Cross Motions due by 8/17/2015. Summary Judgment motions due by 6/2/2015. Response to Motion for Summary Judgment due by 7/2/2015. Reply to Motion for Summary Judgment due by 8/3/2015. (CL, ) (Entered: 05/11/2015)
2015-06-0138Joint MOTION for Briefing Schedule by DEPARTMENT OF THE AIR FORCE (Seabrook, April) (Entered: 06/01/2015)
2015-06-0339ORDER granting 38 the Joint Motion for Briefing Schedule (see Order for details). Signed by Judge Gladys Kessler on 6/3/15. (CL) (Entered: 06/03/2015)
2015-06-03Set/Reset Deadlines: Cross Motions due by 8/2/2015. Response to Cross Motions due by 9/3/2015. Reply to Cross Motions due by 9/17/2015. Summary Judgment motions due by 7/2/2015. Response to Motion for Summary Judgment due by 8/2/2015. Reply to Motion for Summary Judgment due by 9/3/2015. (CL) (Entered: 06/03/2015)
2015-07-0240Joint MOTION for Briefing Schedule by DEPARTMENT OF THE AIR FORCE (Seabrook, April) (Entered: 07/02/2015)
2015-07-0641ORDER granting 40 the Joint Motion for Briefing Schedule (see Order for details). Signed by Judge Gladys Kessler on 7/6/15. (CL) (Entered: 07/06/2015)
2015-07-06Set/Reset Deadlines: Cross Motions due by 9/3/2015. Response to Cross Motions due by 10/15/2015. Reply to Cross Motions due by 10/19/2015. Summary Judgment motions due by 8/13/2015. Response to Motion for Summary Judgment due by 9/3/2015. Reply to Motion for Summary Judgment due by 10/15/2015. (CL) (Entered: 07/06/2015)
2015-07-0642AMENDED ORDER correcting date for Defendants' Opposition and Reply. Signed by Judge Gladys Kessler on 7/6/15. (CL) (Entered: 07/06/2015)
2015-07-08AMENDED Set/Reset Deadlines: Cross Motions due by 9/3/2015. Response to Cross Motions due by 10/5/2015. Reply to Cross Motions due by 10/19/2015. Summary Judgment motions due by 8/13/2015. Response to Motion for Summary Judgment due by 9/3/2015. Reply to Motion for Summary Judgment due by 10/5/2015. (CL) (Entered: 07/08/2015)
2015-08-0343Joint MOTION for Briefing Schedule by DEPARTMENT OF THE AIR FORCE (Seabrook, April) (Entered: 08/03/2015)
2015-08-0444ORDER granting 43 Joint Motion for Briefing Schedule (see Order for details). Signed by Judge Gladys Kessler on 8/4/15. (CL) (Entered: 08/04/2015)
2015-08-04Set/Reset Deadlines: Cross Motions due by 10/1/2015. Response to Cross Motions due by 11/2/2015. Reply to Cross Motions due by 11/16/2015. Summary Judgment motions due by 9/1/2015. Response to Motion for Summary Judgment due by 10/1/2015. Reply to Motion for Summary Judgment due by 11/2/2015. (CL) (Entered: 08/04/2015)
2015-09-0145Joint MOTION for Briefing Schedule by DEPARTMENT OF THE AIR FORCE (Seabrook, April) (Entered: 09/01/2015)
2015-09-0246ORDER granting 45 the Joint Motion for Briefing Schedule (see Order for details). Signed by Judge Gladys Kessler on 9/2/15. (CL) (Entered: 09/02/2015)
2015-09-02Set/Reset Deadlines: Summary Judgment motions due by 10/1/2015. Opposition to Motion for Summary Judgment due by 11/2/2015. Reply to Motion for Summary Judgment due by 12/2/2015. Cross Motions due by 11/2/2015. Opposition to Cross Motions due by 12/2/2015. Reply to Cross Motions due by 12/16/2015. (CL) (Entered: 09/02/2015)
2015-10-0147Joint MOTION for Briefing Schedule by DEPARTMENT OF THE AIR FORCE (Seabrook, April) (Entered: 10/01/2015)
2015-10-0248VACATED PURSUANT TO ORDER FILED ON 11/23/2015.....ORDER granting 47 the Joint Motion for Briefing Schedule (see Order for details). Signed by Judge Gladys Kessler on 10/2/15. (CL) Modified on 11/24/2015 (tth). (Entered: 10/02/2015)
2015-10-02Set/Reset Deadlines: Cross Motions due by 12/2/2015. Response to Cross Motions due by 1/4/2016. Reply to Cross Motions due by 1/18/2016. Summary Judgment motions due by 11/2/2015. Response to Motion for Summary Judgment due by 12/2/2015. Reply to Motion for Summary Judgment due by 1/4/2016. (CL) (Entered: 10/02/2015)
2015-11-0249Joint MOTION to Vacate Set/Reset Deadlines, 48 Order on Motion for Briefing Schedule and Set Date for Status Report by DEPARTMENT OF THE AIR FORCE (Seabrook, April) (Entered: 11/02/2015)
2015-11-0350ORDER granting 49 the Parties' Joint Motion to Vacate Briefing Schedule; the Parties shall file a Joint Status Report in this matter no later than December 5, 2015; no further extensions of time shall be granted. Signed by Judge Gladys Kessler on 11/3/15. (CL) (Entered: 11/03/2015)
2015-11-03Set/Reset Deadlines: Joint Status Report due by 12/5/2015 (CL) (Entered: 11/03/2015)
2015-11-2051Joint MOTION to Vacate Briefing Schedule by C-123 VETERANS ASSOCIATION (Shoemaker, Adam) Modified event title on 11/23/2015 (znmw). (Entered: 11/20/2015)
2015-11-2352ORDER granting 51 the Parties' Joint Motion to Vacate Briefing Schedule. Signed by Judge Gladys Kessler on 11/23/15. (CL) (Entered: 11/23/2015)
2015-12-0453Joint STATUS REPORT and Motion by DEPARTMENT OF THE AIR FORCE. (Seabrook, April) (Entered: 12/04/2015)
2015-12-0454JOINT MOTION for Leave to File Status Report by C-123 VETERANS ASSOCIATION, WESLEY T. CARTER, DEPARTMENT OF THE AIR FORCE. (See Docket Entry 53 to view document). (znmw) (Entered: 12/07/2015)
2015-12-0855ORDER granting 54 the Parties' Joint Motion for Leave to File; the Parties shall file a Joint Status Report no later than December 31, 2015. Signed by Judge Gladys Kessler on 12/8/15. (CL) (Entered: 12/08/2015)
2015-12-08Set/Reset Deadlines: Joint Status Report due by 12/31/2015 (CL) (Entered: 12/08/2015)
2015-12-2956STIPULATION of Dismissal by C-123 VETERANS ASSOCIATION. (Shoemaker, Adam) (Entered: 12/29/2015)
2016-01-0457STIPULATION OF SETTLEMENT AND DISMISSAL (signed by the Judge). Signed by Judge Gladys Kessler on 12/30/15. (CL) (Entered: 01/04/2016)
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