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Case TitleHAMMOND v. DEPARTMENT OF DEFENSE et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2016cv00421
Date Filed2016-03-02
Date Closed2021-12-21
JudgeJudge Florence Y. Pan
PlaintiffROBERT HAMMOND
Case DescriptionRobert Hammond submitted a number of FOIA requests to the Department of Defense for his medical records. He believed that his medical records were inaccurate and tried to get more information from the Walter Reed National Military Medical Center. He finally filed suit alleging various violations of FOIA and the Privacy Act.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantDEPARTMENT OF DEFENSE
DefendantDEFENSE HEALTH AGENCY
DefendantWALTER REED NATIONAL MILITARY MEDICAL CENTER
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
Opinion/Order [69]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2016-03-021COMPLAINT against All Defendants ( Filing fee $ 400 receipt number 0090-4434217) filed by Robert Hammond. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit Exhibits 1-4, # 3 Exhibit Exhibit 5, # 4 Exhibit Exhibits 6-13, # 5 Exhibit Exhibits 14-21, # 6 Summons Summonses)(English, Alexander) (Entered: 03/02/2016)
2016-03-02Case Assigned to Judge Ketanji Brown Jackson. (sth) (Entered: 03/03/2016)
2016-03-032SUMMONS(5) Issued Electronically as to DEFENSE HEALTH AGENCY, DEPARTMENT OF DEFENSE, WALTER REED NATIONAL MILITARY MEDICAL CENTER, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Summons)(sth) (Entered: 03/03/2016)
2016-03-233RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. DEPARTMENT OF DEFENSE served 3/9/2016; DEFENSE HEALTH AGENCY served 3/8/2016; WALTER REED NATIONAL MILITARY MEDICAL CENTER served 3/7/2016. (Attachments: # 1 Exhibit DOD - Exhibit 1, # 2 Certificate of Service Defense Health Agency, # 3 Exhibit DHA - Exhibit 1, # 4 Certificate of Service Walter Reed National Military Medical Center, # 5 Exhibit WRNMMC - Exhibit 1)(English, Alexander) Modified on 3/24/2016 (znmw). (Entered: 03/23/2016)
2016-03-234RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 3/7/2016. Answer due for ALL FEDERAL DEFENDANTS by 4/6/2016. (Attachments: # 1 Exhibit Ex. 1)(English, Alexander) (Entered: 03/23/2016)
2016-03-235RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 3/8/16. (Attachments: # 1 Exhibit Ex. 1 - Proof of Service)(English, Alexander) (Entered: 03/23/2016)
2016-03-316NOTICE of Appearance by Marina Utgoff Braswell on behalf of DEFENSE HEALTH AGENCY, DEPARTMENT OF DEFENSE, WALTER REED NATIONAL MILITARY MEDICAL CENTER (Braswell, Marina) (Entered: 03/31/2016)
2016-04-067ANSWER to Complaint by DEFENSE HEALTH AGENCY, DEPARTMENT OF DEFENSE, WALTER REED NATIONAL MILITARY MEDICAL CENTER.(Braswell, Marina) (Entered: 04/06/2016)
2016-04-07MINUTE ORDER. Before the Court in this FOIA case are a complaint and an answer. It is hereby ORDERED that the parties shall promptly confer and file a joint proposed schedule for briefing or disclosure, by 4/21/2016. Signed by Judge Ketanji Brown Jackson on 04/07/2016. (lckbj1) (Entered: 04/07/2016)
2016-04-078GENERAL ORDER AND GUIDELINES FOR CIVIL CASES BEFORE JUDGE KETANJI BROWN JACKSON. The Court will hold the parties and counsel responsible for following these directives, and parties and counsel should pay particular attention to the Courts instructions for briefing motions. Failure to adhere to this Order may, when appropriate, result the imposition of sanctions and/or sua sponte denial of non-conforming motions. Signed by Judge Ketanji Brown Jackson on 4/7/2016. (lckbj1) (Entered: 04/07/2016)
2016-04-219Joint MOTION for Extension of Time to Submit a Joint Proposed Case Management Plan and Briefing Schedule to Govern further Proceedings until May 23, 2016 by ROBERT HAMMOND (Attachments: # 1 Text of Proposed Order Proposed Order to Extend Time)(English, Alexander) (Entered: 04/21/2016)
2016-04-22MINUTE ORDER granting, for good cause shown, 9 Joint Motion for Extension of Time to Submit Joint Proposed Case Management Plan and Briefing Schedule to Govern Further Proceedings, nunc pro tunc. It is hereby ORDERED that the parties shall file their joint proposed schedule for briefing or disclosure by 5/23/2016. Any further requests for extensions of time must comply with 8 the Court's General Order and Guidelines for Civil Cases. Counsel is specifically directed to Section 5 of the Appendix to the General Order and Guidelines. Signed by Judge Ketanji Brown Jackson on 04/22/2016. (lckbj1) (Entered: 04/22/2016)
2016-05-2310PROPOSED BRIEFING SCHEDULE JOINTLY by DEFENDANTS and by ROBERT HAMMOND. (Attachments: # 1 Text of Proposed Order)(English, Alexander) (Entered: 05/23/2016)
2016-06-01MINUTE ORDER. Based on the representations in the parties' 10 Joint Proposed Schedule for Further Proceedings, it is hereby ORDERED that, on or before June 28, 2016, Defendants will produce to Plaintiff a Vaughn Index or Declaration addressing the information that has been withheld pursuant to any FOIA exemptions; that on or before July 15, 2016, Plaintiff will inform Defendants as to which FOIA exemption claims that Plaintiff continues to wish to challenge; and that the parties shall confer and file a joint status report on or before July 29, 2016, which shall contain a proposed schedule for further proceedings if litigation is going to be necessary. Signed by Judge Ketanji Brown Jackson on 06/01/2016. (lckbj1) (Entered: 06/01/2016)
2016-07-2911MEET AND CONFER STATEMENT. (Attachments: # 1 Text of Proposed Order)(English, Alexander) (Entered: 07/29/2016)
2016-08-01MINUTE ORDER. In light of the representations in the parties' 11 Meet and Confer Statement, it is hereby ORDERED that Plaintiff shall file any amended complaint on or before 8/29/2016; that Defendants shall answer or otherwise respond to any amended complaint on or before 9/28/2016; and that the parties shall file a status report that shall contain a proposed schedule for further proceedings, if litigation is going to be necessary, on or before 10/28/2016. Signed by Judge Ketanji Brown Jackson on 08/01/2016. (lckbj1, ) (Entered: 08/01/2016)
2016-08-2912AMENDED COMPLAINT against All Defendants filed by ROBERT HAMMOND. (Attachments: # 1 Exhibit A-1, # 2 Exhibit A-2, # 3 Exhibit A-3, # 4 Exhibit A-4, # 5 Exhibit A-5, # 6 Exhibit A-6)(English, Alexander) (Entered: 08/29/2016)
2016-09-2613Unopposed MOTION for Extension of Time to File Response/Reply to Amended Complaint by DEFENSE HEALTH AGENCY, DEPARTMENT OF DEFENSE, WALTER REED NATIONAL MILITARY MEDICAL CENTER (Braswell, Marina) (Entered: 09/26/2016)
2016-09-27MINUTE ORDER granting, for good cause shown, 13 Unopoosed Motion for Extension of Time to File Answer Amended Complaint. It is hereby ORDERED that Defendants shall answer or otherwise respond to the Amended Complaint on or before 11/21/2016. Signed by Judge Ketanji Brown Jackson on 09/27/2016. (lckbj1) (Entered: 09/27/2016)
2016-11-2114ANSWER to 12 Amended Complaint by DEFENSE HEALTH AGENCY, DEPARTMENT OF DEFENSE, WALTER REED NATIONAL MILITARY MEDICAL CENTER. Related document: 12 Amended Complaint filed by ROBERT HAMMOND.(Braswell, Marina) (Entered: 11/21/2016)
2016-11-23MINUTE ORDER. Before the Court in this FOIA case are a complaint and an answer. It is hereby ORDERED that the parties shall promptly confer and file a joint proposed schedule for briefing or disclosure, by 12/9/2016. Signed by Judge Ketanji Brown Jackson on 11/23/2016. (lckbj1) (Entered: 11/23/2016)
2016-12-0915PROPOSED BRIEFING SCHEDULE re Order,, Set Deadlines, Jointly Filed by ROBERT HAMMOND. (English, Alexander) (Entered: 12/09/2016)
2016-12-12MINUTE ORDER. It is hereby ORDERED that the following schedule is set for briefing summary judgment in this matter: Defendants' motion for summary judgment is due on or before 2/16/2017; Plaintiff's consolidated opposition and cross-motion for summary judgment is due on or before 3/30/2017; Defendants' consolidated reply and cross-motion opposition is due on or before 4/30/2017; Plaintiff's cross-motion reply is due on or before 5/30/2017. Signed by Judge Ketanji Brown Jackson on 12/12/2016. (lckbj1) (Entered: 12/12/2016)
2017-02-1416MOTION for Extension of Time to File Motion for Summary Judgment by DEFENSE HEALTH AGENCY, DEPARTMENT OF DEFENSE, WALTER REED NATIONAL MILITARY MEDICAL CENTER (Braswell, Marina) (Entered: 02/14/2017)
2017-02-1517NOTICE of Plaintiff's Position by DEFENSE HEALTH AGENCY, DEPARTMENT OF DEFENSE, WALTER REED NATIONAL MILITARY MEDICAL CENTER re 16 MOTION for Extension of Time to File Motion for Summary Judgment (Braswell, Marina) (Entered: 02/15/2017)
2017-02-17MINUTE ORDER granting Defendants' 16 Motion for Extension of Time to File Motion for Summary Judgment. It is hereby ORDERED that the following schedule is set for briefing summary judgment in this matter: Defendants' motion for summary judgment is due on or before 3/2/2017; Plaintiff's consolidated opposition and cross-motion for summary judgment is due on or before 4/13/2017; Defendants' consolidated reply and cross-motion opposition is due on or before 5/2/2017; Plaintiff's cross-motion reply is due on or before 6/2/2017. Signed by Judge Ketanji Brown Jackson on 2/17/2017. (lckbj3) (Entered: 02/17/2017)
2017-02-22Set/Reset Deadlines: Cross Motions due by 4/13/2017. Response to Cross Motions due by 5/2/2017. Reply to Cross Motions due by 6/2/2017. (gdf) (Entered: 02/22/2017)
2017-02-2818MOTION for Summary Judgment by DEFENSE HEALTH AGENCY, DEPARTMENT OF DEFENSE, WALTER REED NATIONAL MILITARY MEDICAL CENTER (Attachments: # 1 Bizzell Declaration)(Braswell, Marina) (Entered: 02/28/2017)
2017-04-1119MOTION for Extension of Time to File Consolidated Cross-Motion and Opposition by ROBERT HAMMOND (Attachments: # 1 Declaration, # 2 Text of Proposed Order)(English, Alexander) (Entered: 04/11/2017)
2017-04-1220NOTICE of Defendants' Position by ROBERT HAMMOND re 19 MOTION for Extension of Time to File Consolidated Cross-Motion and Opposition (English, Alexander) (Entered: 04/12/2017)
2017-04-13MINUTE ORDER granting, for good cause shown, 19 Unopposed Motion for Extension of Time to File Consolidated Cross-Motion and Opposition. It is hereby ORDERED that Plaintiff's consolidated opposition and cross-motion for summary judgment is due on or before 4/18/2017; Defendants' consolidated reply and cross-motion opposition is due on or before 5/9/2017; and Plaintiff's cross-motion reply is due on or before 6/9/2017. Signed by Judge Ketanji Brown Jackson on 4/13/2017. (lckbj1) (Entered: 04/13/2017)
2017-04-1821Memorandum in opposition to re 18 MOTION for Summary Judgment and Cross-Motion for Summary Judgment filed by ROBERT HAMMOND. (Attachments: # 1 Statement of Facts, # 2 Declaration, # 3 Exhibit Exhibits B-1 to B-7, # 4 Exhibit Exhibits B-8 to B-11, # 5 Exhibit Exhibits B-12 to B-17, # 6 Text of Proposed Order)(English, Alexander) (Entered: 04/18/2017)
2017-04-1822Cross MOTION for Summary Judgment and Consolidated Opposition to Defendants' Motion for Summary Judgment by ROBERT HAMMOND (Attachments: # 1 Memorandum in Support, # 2 Declaration, # 3 Statement of Facts, # 4 Exhibit Exhibits B-1 to B-7, # 5 Exhibit Exhibits B-8 to B-11, # 6 Exhibit Exhibits B-12 to B-17, # 7 Text of Proposed Order)(English, Alexander) (Entered: 04/19/2017)
2017-05-0523MOTION for Extension of Time to File Response/Reply Plaintiff's Opposition to Defendant's Motion for Summary Judgment and Cross-Motion for Summary Judgment by DEFENSE HEALTH AGENCY, DEPARTMENT OF DEFENSE, WALTER REED NATIONAL MILITARY MEDICAL CENTER (Braswell, Marina) (Entered: 05/05/2017)
2017-05-05MINUTE ORDER granting in part and denying in part Defendants' 23 Motion for Extension of Time. It is hereby ORDERED that Defendants' consolidated reply and cross-motion opposition is due on or before 5/23/2017, and Plaintiff's cross-motion reply is due on or before 6/23/2017. Signed by Judge Ketanji Brown Jackson on 5/5/2017. (lckbj3) (Entered: 05/05/2017)
2017-05-0824ERRATA to his Memorandum in Opposition to Defendants' Motion for Summary Judgment and Consolidated Cross-Motion for Summary Judgment by ROBERT HAMMOND 21 Memorandum in Opposition, filed by ROBERT HAMMOND, 22 Cross MOTION for Summary Judgment and Consolidated Opposition to Defendants' Motion for Summary Judgment filed by ROBERT HAMMOND. (Attachments: # 1 Errata Memorandum in Opposition and Consolidated Cross-Motion, # 2 Exhibit B-1, Hammond Letter to Walter Reed Seeking Medical Records Dated April 4, 2012, # 3 Exhibit B-2, Hammond Letter to Medical Records Officer Thurman McCall of December 16, 2012, # 4 Exhibit B-3, USPS Form 3811 Domestic Return Receipt 7012 1640 0000 9665 4524, # 5 Exhibit B-4, USPS, Ms. Teri Smith Signed Contemporaneous Notes, # 6 Exhibit B-5, Email String to Walter Reed FOIA Officer of February 26, 2015 - Preserve Records, # 7 Exhibit B-6, Ms. Teri Smith, USPS, Email of August 10, 2016, # 8 Exhibit B-7, Sustained appeal of Plaintiffs March 19, 2016 FOIA request enclosures, # 9 Exhibit B-8, Email re: Request for Access to Original 2012 DVD - Dated April 4, 2017, with addenda, # 10 Exhibit B-9, Bizzell First Declaration of 6.27.2016, # 11 Exhibit B-10, Proposed Vaughn Index, # 12 Exhibit B-11, Bizzell Memo, # 13 Exhibit B-12, Email Thread of 5.20.2015 re: DHA FY 2014 Annual FOIA Report, # 14 Exhibit B-13, Email Thread of April 22, 2015, 1 to 1 Sitter, # 15 Exhibit B-14, Appeal to DON JAG of Request WRNMMC #13-03; 1 to 1 Sitter, # 16 Exhibit B-15 FOIA WRNMMC 15-D Basis of Denial 1 to 1 Sitter, # 17 Exhibit B-16, DON JAG Appeal Denial of 18 September 2013 annotated, # 18 Exhibit B-17, Appeal to DON JAG - WRNMMC 2012 FOIA Report Submission & DON JAG Final Determination)(English, Alexander) (Entered: 05/08/2017)
2017-05-2325Memorandum in opposition to re 22 Cross MOTION for Summary Judgment and Consolidated Opposition to Defendants' Motion for Summary Judgment filed by DEFENSE HEALTH AGENCY, DEPARTMENT OF DEFENSE, WALTER REED NATIONAL MILITARY MEDICAL CENTER. (Attachments: # 1 Response to Plaintiff's Statement of Material Facts, # 2 Third Bizzell Declaration)(Braswell, Marina) (Entered: 05/23/2017)
2017-05-2326REPLY to opposition to motion re 18 MOTION for Summary Judgment filed by DEFENSE HEALTH AGENCY, DEPARTMENT OF DEFENSE, WALTER REED NATIONAL MILITARY MEDICAL CENTER. (Attachments: # 1 Third Bizzell Declaration)(Braswell, Marina) (Entered: 05/23/2017)
2017-06-1927MOTION for Extension of Time to File Response/Reply to Defendants' Response to Plaintiff's Cross-Motion for Summary Judgment by ROBERT HAMMOND (Attachments: # 1 Exhibit, # 2 Text of Proposed Order)(English, Alexander) (Entered: 06/19/2017)
2017-06-20MINUTE ORDER granting Plaintiff's 27 Motion for Extension of Time. It is hereby ORDERED that Plaintiff's cross-motion reply is due on or before 7/18/2017. Signed by Judge Ketanji Brown Jackson on 6/20/2017. (lckbj3) (Entered: 06/20/2017)
2017-07-1328Unopposed MOTION for Extension of Time to File by ROBERT HAMMOND (Attachments: # 1 Exhibit 1 - June 16, 2017 Email, # 2 Exhibit 2 - Hammond Doctor's Notes, # 3 Text of Proposed Order)(English, Alexander) (Entered: 07/13/2017)
2017-07-14MINUTE ORDER setting Status Conference for 7/25/2017 at 10:00 AM in Courtroom 17 before Judge Ketanji Brown Jackson. The parties shall be prepared to apprise the Court of the status of the case, and the Court will address Plaintiff's 28 extension request at this time. Signed by Judge Ketanji Brown Jackson on 7/14/2017. (lckbj3) (Entered: 07/14/2017)
2017-07-25Minute Entry for proceedings held before Judge Ketanji Brown Jackson: Status Conference held on 7/25/2017. Oral order denying without prejudice 18 Motion for Summary Judgment and 22 Cross Motion for Summary Judgment and Consolidated Opposition to Defendants' Motion for Summary Judgment. Defendant's Renewed summary judgment motion due by 9/5/2017. Scheduling order to be entered by chambers. (Court Reporter Barbara DeVico) (gdf) (Entered: 07/25/2017)
2017-07-2529ORDER denying Defendants' 18 Motion for Summary Judgment and Plaintiff's 22 Cross-Motion for Summary Judgment without prejudice, and setting schedule for further briefing. See attached document for details. Signed by Judge Ketanji Brown Jackson on 7/25/2017. (lckbj3) (Entered: 07/25/2017)
2017-07-25MINUTE ORDER. In light of this Court's 29 Order denying the parties' cross-motions for summary judgment without prejudice, it is hereby ORDERED that Plaintiff's 28 Motion for Extension of Time is DENIED AS MOOT. Signed by Judge Ketanji Brown Jackson on 7/25/2017. (lckbj3) (Entered: 07/25/2017)
2017-07-2830NOTICE of Plaintiff's List of Records Still Outstanding and of Responsive/Potentially Responsive Records/Categories of Records by ROBERT HAMMOND re 29 Order on Motion for Summary Judgment,,,, Set/Reset Deadlines, (English, Alexander) (Entered: 07/28/2017)
2017-08-3131MOTION for Extension of Time to File Renewed Motion for Summary Judgment by DEFENSE HEALTH AGENCY, DEPARTMENT OF DEFENSE, WALTER REED NATIONAL MILITARY MEDICAL CENTER (Braswell, Marina) (Entered: 08/31/2017)
2017-09-01MINUTE ORDER granting 31 Motion for Enlargement of Time. It is hereby ORDERED that the schedule for briefing summary judgment in this matter is amended as follows: Defendants' Motion for Summary Judgment is due on or before 9/14/2017, and Plaintiff's consolidated Opposition and Cross-Motion for Summary Judgment is due on or before 11/12/2017. Signed by Judge Ketanji Brown Jackson on 9/1/2017. (lckbj1) (Entered: 09/01/2017)
2017-09-1432MOTION for Summary Judgment , Renewed by DEFENSE HEALTH AGENCY, DEPARTMENT OF DEFENSE, WALTER REED NATIONAL MILITARY MEDICAL CENTER (Attachments: # 1 Second Bizzell Declaration, # 2 Third Bizzell Declaration, # 3 Fourth Bizzell Declaration, # 4 Fourth Bizzell Declaration - Ex. A, # 5 Fourth Bizzell Declaration - Ex. B, # 6 Fourth Bizzell Declaration - Ex. C, # 7 Fourth Bizzell Declaration - Ex. D, # 8 Fourth Bizzell Declaration - Exhibit E, # 9 Fourth Declaration - Exhibit G)(Braswell, Marina) (Entered: 09/14/2017)
2017-11-1333RESPONSE re 32 MOTION for Summary Judgment , Renewed Consolidated Cross-Motion for Summary Judgment filed by ROBERT HAMMOND. (Attachments: # 1 Memorandum in Support, # 2 Exhibit C-1, # 3 Exhibit C-3, # 4 Exhibit C-4, # 5 Exhibit C-5, # 6 Exhibit C-6, # 7 Exhibit C-7, # 8 Exhibit C-8, # 9 Exhibit C-9, # 10 Exhibit C-10, # 11 Exhibit C-11, # 12 Exhibit C-12, # 13 Exhibit C-13, # 14 Declaration, # 15 Exhibit D-1, # 16 Exhibit D-2, # 17 Exhibit D-3, # 18 Exhibit D-4)(English, Alexander) (Entered: 11/14/2017)
2017-11-1434ERRATA appending Inadvertent Omissions from his Renewed Consolidated Cross-Motion by ROBERT HAMMOND 33 Response to motion,, filed by ROBERT HAMMOND. (Attachments: # 1 Statement of Facts Dispute of Defendants' Statement of Facts and Plaintiff's Statement of Facts, # 2 Exhibit C-2, # 3 Exhibit C-14, # 4 Text of Proposed Order)(English, Alexander) (Entered: 11/14/2017)
2017-11-1435Cross MOTION (Renewed) for Summary Judgment by ROBERT HAMMOND. (See Docket Entries 33 and 34 to view documents). (znmw) (Entered: 11/15/2017)
2017-11-2836MOTION to Strike 34 Errata, 33 Response to motion,, 35 MOTION for Summary Judgment by DEFENSE HEALTH AGENCY, DEPARTMENT OF DEFENSE, WALTER REED NATIONAL MILITARY MEDICAL CENTER (Braswell, Marina). Added MOTION to Stay on 11/29/2017 (znmw). (Entered: 11/28/2017)
2017-11-29MINUTE ORDER. In light of Defendants' 36 Motion to Strike, it is hereby ORDERED that the remaining deadlines that this Court set for briefing summary judgment are STAYED until further Order of this Court. Signed by Judge Ketanji Brown Jackson on 11/29/2017. (lckbj1) (Entered: 11/29/2017)
2017-11-3037NOTICE by DEFENSE HEALTH AGENCY, DEPARTMENT OF DEFENSE, WALTER REED NATIONAL MILITARY MEDICAL CENTER re 36 MOTION to Strike 34 Errata, 33 Response to motion,, 35 MOTION for Summary Judgment MOTION to Stay (Braswell, Marina) (Entered: 11/30/2017)
2017-12-0838RESPONSE re 36 MOTION to Strike 34 Errata, 33 Response to motion,, 35 MOTION for Summary Judgment MOTION to Stay in Opposition filed by ROBERT HAMMOND. (Attachments: # 1 Text of Proposed Order)(English, Alexander) (Entered: 12/08/2017)
2017-12-1339REPLY to opposition to motion re 36 MOTION to Strike 34 Errata, 33 Response to motion,, 35 MOTION for Summary Judgment MOTION to Stay filed by DEFENSE HEALTH AGENCY, DEPARTMENT OF DEFENSE, WALTER REED NATIONAL MILITARY MEDICAL CENTER. (Braswell, Marina) (Entered: 12/13/2017)
2018-02-08MINUTE ORDER. A status conference is set for this matter on February 22, 2018, at 10:30 AM in Courtroom 17 before Judge Ketanji Brown Jackson. Signed by Judge Ketanji Brown Jackson on 2/8/2018. (lckbj3) (Entered: 02/08/2018)
2018-02-21NOTICE of Hearing:Status Conference reset for 2/22/2018 at 11:00 AM in Courtroom 17 before Judge Ketanji Brown Jackson. (gdf) (Entered: 02/21/2018)
2018-02-22Minute Entry for proceedings held before Judge Ketanji Brown Jackson: Status Conference held on 2/22/2018. Order forthcoming via Chambers. (Court Reporter: Tim Miller) (jd) (Entered: 02/22/2018)
2018-02-2240ORDER denying Plaintiff's 35 Cross-Motion for Summary Judgment without prejudice and setting schedule for further briefing. See attached document for details. Signed by Judge Ketanji Brown Jackson on 2/22/2018. (lckbj3) (Entered: 02/22/2018)
2018-02-22MINUTE ORDER administratively staying consideration of Defendants' motion for summary judgment to permit the refiling of Plaintiff's cross-motion for summary judgment pursuant to this Court's ruling on the Motion to Strike. For the Court's convenience and to promote judicial efficiency, it is hereby ORDERED that Defendants' 32 Motion for Summary Judgment is administratively STAYED until the parties have fully briefed the anticipated renewed cross-motion by Plaintiff and both motions are ripe for this Court's review. This Minute Order has no effect on the parties' obligations or any briefing deadlines set in this matter. Signed by Judge Ketanji Brown Jackson on 2/22/2018. (lckbj3) (Entered: 02/22/2018)
2018-02-26Set/Reset Deadlines: Cross Motions due by 3/15/2018. Response to Cross Motions due by 4/5/2018. Reply to Cross Motions due by 4/26/2018. Response to Motion for Summary Judgment due by 3/15/2018. Reply to Motion for Summary Judgment due by 4/5/2018. (gdf) (Entered: 02/26/2018)
2018-03-0941Consent MOTION to Stay Proceedings by ROBERT HAMMOND (Attachments: # 1 Declaration Exhibit 1 - 2nd English Decl., # 2 Exhibit Exhibit 2 - Redacted Final Offer Letter, # 3 Text of Proposed Order)(English, Alexander) (Entered: 03/09/2018)
2018-03-12MINUTE ORDER granting in part 41 Motion to Stay. It is hereby ORDERED that the summary judgment briefing in this matter is STAYED until further Order of this Court. It is FURTHER ORDERED that Plaintiff shall file a status report on or before 4/16/2018, updating the Court on the status of his search for replacement counsel. The Clerk is instructed to mail a copy of this Minute Order to Plaintiff at 707 Upham Place NW, Vienna, VA 22180. Signed by Judge Ketanji Brown Jackson on 03/12/2018. (lckbj1) (Entered: 03/12/2018)
2018-03-1642Consent MOTION for Protective Order as to Plaintiff's Exhibit B-8 , Consent MOTION for Order to Seal Documents by ROBERT HAMMOND (Attachments: # 1 Text of Proposed Order)(English, Alexander) (Entered: 03/16/2018)
2018-03-1643Consent MOTION to Withdraw as Attorney by ROBERT HAMMOND (Attachments: # 1 Exhibit 1 - Notice to Plaintiff of Intent to Withdraw, # 2 Text of Proposed Order)(English, Alexander) (Entered: 03/16/2018)
2018-03-19MINUTE ORDER granting 43 Motion to Withdraw as Attorney. Attorney Alexander J. E. English terminated. Signed by Judge Ketanji Brown Jackson on 03/19/2018. (lckbj1) (Entered: 03/19/2018)
2018-03-19MINUTE ORDER granting 42 Motion for to Seal Documents 21-4, 22-5, and 24-9. IT is hereby ORDERED that Plaintiff shall file an Errata attaching a properly redacted copy of the document at issue. Signed by Judge Ketanji Brown Jackson on 03/19/2018. (lckbj1) (Entered: 03/19/2018)
2018-04-1244NOTICE of Appearance by Timothy W. Romberger on behalf of ROBERT HAMMOND (Romberger, Timothy) (Entered: 04/12/2018)
2018-04-1245STATUS REPORT by ROBERT HAMMOND. (Attachments: # 1 Text of Proposed Order)(Romberger, Timothy) (Entered: 04/12/2018)
2018-04-1346Consent MOTION for Extension of Time by ROBERT HAMMOND (Attachments: # 1 Text of Proposed Order)(Romberger, Timothy) Modified on 4/16/2018 to correct docket event/text(jf). (Entered: 04/13/2018)
2018-04-1347ENTERED IN ERROR AS A DUPLICATE FILING TO DOCKET ENTRY 45 .....STATUS REPORT by ROBERT HAMMOND. (See Docket Entry 46 to view document) (jf) Modified on 4/17/2018 (jf). (Entered: 04/16/2018)
2018-04-16NOTICE OF ERROR re 46 Motion to Stay; emailed to Timromberger1@comcast.net, cc'd 3 associated attorneys -- The PDF file you docketed contained errors: 1. Two-part docket entry, 2. DO NOT REFILE-- Counsel must docket all parts of their filing (jf, ) (Entered: 04/16/2018)
2018-04-16MINUTE ORDER. On April 13. 2018, Plaintiff filed a status report informing the Court that he has secured counsel to represent him in this matter. Accordingly, it is hereby ORDERED that the parties shall file a joint status report on or before 6/18/2018, which shall contain a proposed schedule for further proceedings if litigation is going to be necessary. Because Plaintiff' status report was timely filed and there are no pending deadlines to extend, it is FURTHER ORDERED that Plaintiff's 46 Motion for Extension of Time is DENIED AS MOOT. Signed by Judge Ketanji Brown Jackson on 04/16/2018. (lckbj1) (Entered: 04/16/2018)
2018-05-0248Consent MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Ruth Ann Azeredo, :Firm- Law Office of Ruth Ann Azeredo LLC, :Address- 1997 Annapolis Exchange Parkway Suite 300 Annapolis, Maryland 21401. Phone No. - (410) 558-1915. Fax No. - (410)558-1917 Filing fee $ 100, receipt number 0090-5457342. Fee Status: Fee Paid. by ROBERT HAMMOND (Attachments: # 1 Affidavit, # 2 Text of Proposed Order)(Romberger, Timothy) (Entered: 05/02/2018)
2018-05-02MINUTE ORDER granting 48 Motion for Leave to Appear Pro Hac Vice. It is hereby ORDERED that Ruth Ann Azeredo is admitted pro hac vice in this matter as counsel for Plaintiff. Signed by Judge Ketanji Brown Jackson on 05/02/2018. (lckbj1) (Entered: 05/02/2018)
2018-06-1849Joint STATUS REPORT and Proposed Order by ROBERT HAMMOND. (Attachments: # 1 Text of Proposed Order)(Romberger, Timothy) (Entered: 06/18/2018)
2018-06-26MINUTE ORDER adopting the parties' proposed schedule. It is hereby ORDERED that the following schedule is set for briefing renewed motions for summary judgment: Defendants' motion for summary judgment is due on or before 7/27/2018; Plaintiff's consolidated opposition and cross-motion for summary judgment is due on or before 9/25/2018; Defendants' consolidated reply and cross-motion opposition is due on or before 11/9/2018; Plaintiff's cross-motion reply is due on or before 1/8/2019. Signed by Judge Ketanji Brown Jackson on 06/26/2018. (lckbj1) (Entered: 06/26/2018)
2018-06-26MINUTE ORDER denying without prejudice as moot 32 Motion for Summary Judgment. Signed by Judge Ketanji Brown Jackson on 06/26/2018. (lckbj1) (Entered: 06/26/2018)
2018-06-27Set/Reset Deadlines: Summary Judgment motions due by 7/27/2018. Response to Motion for Summary Judgment due by 9/25/2018. Reply to Motion for Summary Judgment due by 11/9/2018. Reply to Cross Motions due by 1/8/2019 (hs) (Entered: 06/27/2018)
2018-07-2750Amended Renewed MOTION for Summary Judgment by DEFENSE HEALTH AGENCY, DEPARTMENT OF DEFENSE, WALTER REED NATIONAL MILITARY MEDICAL CENTER (Attachments: # 1 Second Bizzell Declaration, # 2 Third Bizzell declaration, # 3 Fourth Bizzell Declaration, # 4 Index of Exhibits to Fourth Bizzell Declaration, # 5 Fourth Bizzell Declaration - Ex. A, # 6 Fourth Bizzell Declaration - Ex. B, # 7 Fourth Bizzell Declaration - Ex. C, # 8 Fourth Bizzell Declaration - Ex. D, # 9 Fourth Bizzell Declaration - Ex. E, # 10 Fourth Bizzell Declaration - Ex. G, # 11 Table of Authorities)(Braswell, Marina) (Entered: 07/27/2018)
2018-09-0851Consent MOTION for Extension of Time to Respond to Motion and Extend Briefing Schedule by ROBERT HAMMOND (Attachments: # 1 Text of Proposed Order)(Romberger, Timothy) (Entered: 09/08/2018)
2018-09-1752SUPERSEDING GENERAL ORDER AND GUIDELINES FOR FOIA CASES ASSIGNED TO JUDGE KETANJI BROWN JACKSON. This Order supersedes this Courts prior 8 General Order and Guidelines for Civil Cases. The Court will hold the parties and counsel responsible for following these amended directives, and parties and counsel should pay particular attention to the Court's instructions for processing and production of records, batching motions, and filing exhibits. Failure to adhere to this Order may, when appropriate, result the imposition of sanctions and/or sua sponte denial of non-conforming motions. Signed by Judge Ketanji Brown Jackson on 9/17/2018. (lckbj1) (Entered: 09/17/2018)
2018-09-17MINUTE ORDER GRANTING 51 Consent Motion to Extend Briefing Schedule. This Court has recently implemented a procedure for batching dispositive motions, see 52 Appendix to Superseding General Order and Guidelines for FOIA Cases Part 5(a), and has selected this case for batching. Accordingly, it is hereby ORDERED that the following services deadlines are set for the remaining briefs in this matter: Plaintiff's consolidated opposition and cross-motion for summary judgment shall be served on or before 11/1/2018; Defendants' consolidated reply and cross-motion opposition shall be served on or before 12/17/2018; Plaintiff's cross-motion reply shall be served on or before 2/18/2019. Briefs shall be filed as a batch within three (3) business days of the service of the last reply brief authorized by the this Minute Order, but in any event no later than the Final Filing Deadline of 3/8/2019. In light of the new batching procedures, it is FURTHER ORDERED that Defendants' 50 Renewed Motion for Summary Judgment is DENIED without prejudice, with leave to refile once briefing of cross-motions is complete. Signed by Judge Ketanji Brown Jackson on 09/17/2018. (lckbj1) (Entered: 09/17/2018)
2018-11-1553MOTION for Relief Arising Under Federal Rule of Civil Procedure 56(d) by ROBERT HAMMOND (Attachments: # 1 Memorandum in Support, # 2 Exhibit Declaration in Support, # 3 Text of Proposed Order)(Romberger, Timothy) (Entered: 11/15/2018)
2018-11-21MINUTE ORDER. Plaintiff has filed a Motion 53 for limited discovery pursuant to Federal Rule of Civil Procedure 56. Pursuant to Local Rule of Civil Procedure 7, any opposition by Defendants shall be filed on or before November 29, 2018, and Plaintiff's reply shall be filed on or before December 6, 2018. In light of the briefing for this discovery motion, it is hereby ORDERED that the existing schedule for briefing dispositive motions is STAYED pending further order of the Court. Signed by Judge Ketanji Brown Jackson on 11/21/2018. (lckbj3) (Entered: 11/21/2018)
2018-11-26Set/Reset Deadlines: Defendant's response due by 11/29/2018. Plaintiff's reply due by 12/6/2018. (gdf) (Entered: 11/26/2018)
2018-11-2754Joint MOTION for Extension of Time to File Response/Reply to Plaintiff's Motion for Limited Discovery by ROBERT HAMMOND (Attachments: # 1 Text of Proposed Order)(Romberger, Timothy) (Entered: 11/27/2018)
2018-11-28MINUTE ORDER granting 54 Joint Motion for Extension of Time to File Response/Reply. It is hereby ORDERED that Defendants' opposition to Plaintiff's Motion for Limited Discovery shall be filed on or before 12/6/2018; Plaintiff's reply shall be filed on or before 12/20/2018. Any further requests for extensions of time must comply with the Court's General Order and Guidelines for Civil Cases (ECF No.2). Counsel is specifically directed to Section 5(b) of the Order (requiring motions for extension of time to be filed "at least two (2) business days prior to expiration of the deadline"). Any future motions for extension of time that do not comply with these requirements may be summarily denied. Signed by Judge Ketanji Brown Jackson on 11/28/2018. (lckbj2) (Entered: 11/28/2018)
2018-12-0655Memorandum in opposition to re 53 MOTION for Relief Arising Under Federal Rule of Civil Procedure 56(d) filed by DEFENSE HEALTH AGENCY, DEPARTMENT OF DEFENSE, WALTER REED NATIONAL MILITARY MEDICAL CENTER. (Attachments: # 1 Text of Proposed Order)(Braswell, Marina) (Entered: 12/06/2018)
2018-12-2056REPLY to opposition to motion re 53 MOTION for Relief Arising Under Federal Rule of Civil Procedure 56(d) filed by ROBERT HAMMOND. (Romberger, Timothy) (Entered: 12/20/2018)
2019-12-3157MEMORANDUM OPINION AND ORDER denying Plaintiff's 53 Motion for Relief Pursuant to the Federal Rule of Civil Procedure 56(d) and setting the following summary judgment briefing schedule: Plaintiff's consolidated opposition and cross-motion for summary judgment is due on or before February 28, 2020; Defendants' consolidated reply and cross-motion opposition is due on or before April 10, 2020; and Plaintiff's cross-motion reply is due on or before May 22, 2020. See Memorandum Opinion and Order for details. Signed by Judge Ketanji Brown Jackson on 12/31/2019. (lckbj3) (Entered: 12/31/2019)
2019-12-31Set/Reset Deadlines: Cross Motions due by 2/28/2020. Response to Cross Motions due by 4/10/2020. Reply to Cross Motions due by 5/22/2020. Response to Motion for Summary Judgment due by 2/28/2020. Reply to Motion for Summary Judgment due by 4/10/2020. (zgdf) (Entered: 01/02/2020)
2020-01-0258NOTICE OF SUBSTITUTION OF COUNSEL by Sian Jones on behalf of All Defendants Substituting for attorney Marina Utgoff Braswell (Jones, Sian) (Entered: 01/02/2020)
2020-04-2359Joint MOTION for Extension of Time to Submit Batched Briefing by ROBERT HAMMOND (Attachments: # 1 Text of Proposed Order)(Romberger, Timothy) (Entered: 04/23/2020)
2020-04-24NOTICE OF ERROR re 59 Motion for Extension of Time to; emailed to Timromberger1@comcast.net, cc'd 3 associated attorneys -- The PDF file you docketed contained errors: 1. Invalid attorney signature, 2. DO NOT REFILE - Signature must match login/password for future filing(s) (zjf, ) (Entered: 04/24/2020)
2020-04-28MINUTE ORDER granting 59 Joint Motion for Extension of Time to Submit Batched Briefing. It is hereby ORDERED that the Final Filing Deadline in this matter is extended to 8/14/2020. Signed by Judge Ketanji Brown Jackson on 4/28/2020. (jag) (Entered: 04/28/2020)
2020-08-1460Memorandum in opposition to re 50 Amended Renewed MOTION for Summary Judgment and Cross Motion for Summary Judgment (Combined) filed by ROBERT HAMMOND. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Text of Proposed Order)(Romberger, Timothy) (Entered: 08/14/2020)
2020-08-1461MOTION for Summary Judgment and Opposition to Defendants Motion for Summary Judgment (Combined) by ROBERT HAMMOND (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Text of Proposed Order)(Romberger, Timothy) (Entered: 08/14/2020)
2020-08-1462REPLY to opposition to motion re 50 Amended Renewed MOTION for Summary Judgment filed by DEFENSE HEALTH AGENCY, DEPARTMENT OF DEFENSE, WALTER REED NATIONAL MILITARY MEDICAL CENTER. (Attachments: # 1 Statement of Facts Resp. to Pls' SUMF)(Jones, Sian) (Entered: 08/14/2020)
2020-08-1463RESPONSE re 61 MOTION for Summary Judgment and Opposition to Defendants Motion for Summary Judgment (Combined) filed by DEFENSE HEALTH AGENCY, DEPARTMENT OF DEFENSE, WALTER REED NATIONAL MILITARY MEDICAL CENTER. (Attachments: # 1 Statement of Facts Resp. to Pls' SUMF)(Jones, Sian) (Entered: 08/14/2020)
2020-08-1464ERRATA by DEFENSE HEALTH AGENCY, DEPARTMENT OF DEFENSE, WALTER REED NATIONAL MILITARY MEDICAL CENTER 50 Amended Renewed MOTION for Summary Judgment filed by DEPARTMENT OF DEFENSE, DEFENSE HEALTH AGENCY, WALTER REED NATIONAL MILITARY MEDICAL CENTER. (Attachments: # 1 Exhibit F)(Jones, Sian) (Entered: 08/14/2020)
2020-08-1465ERRATA as to ECF No. 60 and 61 by ROBERT HAMMOND 61 MOTION for Summary Judgment and Opposition to Defendants Motion for Summary Judgment (Combined) filed by ROBERT HAMMOND. (Attachments: # 1 Exhibit)(Romberger, Timothy) (Entered: 08/14/2020)
2020-08-1466REPLY to opposition to motion re 61 MOTION for Summary Judgment and Opposition to Defendants Motion for Summary Judgment (Combined) filed by ROBERT HAMMOND. (Attachments: # 1 Exhibit)(Romberger, Timothy) (Entered: 08/14/2020)
2020-08-3167ERRATA by ROBERT HAMMOND Order on Motion for Protective Order,, Order on Motion for Order,. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit)(Romberger, Timothy) (Entered: 08/31/2020)
2021-06-28Judge Ketanji Brown Jackson has been elevated to serve on the U.S. Court of Appeals for the D.C. Circuit. She is therefore no longer assigned to this case, and this matter has been reassigned to the Calendar Committee, which will oversee it until it is assigned to another district judge. Any questions should be directed to Judge Jackson's former deputy clerk, Gwendolyn Franklin, at 202-354-3145 or gwen_franklin@dcd.uscourts.gov. (rj) (Entered: 06/28/2021)
2021-10-01Case directly reassigned to Judge Florence Y. Pan. Judge Ketanji Brown Jackson has been appointed to the D.C. Circuit and is no longer assigned to the case. (ztnr) (Entered: 10/01/2021)
2021-10-20Set/Reset Deadlines/Hearings: Telephone Conference set for 10/28/2021 at 2:30 PM in before Judge Florence Y. Pan. (zcdw) (Entered: 10/20/2021)
2021-10-28Minute Entry for proceedings held before Judge Florence Y. Pan: Telephone Conference held on 10/28/2021. (Court Reporter: Lisa Edwards) (zcdw) (Entered: 10/28/2021)
2021-12-2168ORDER granting Defendants' 50 Amended Renewed Motion for Summary Judgment and denying Plaintiff's 61 Cross Motion for Summary Judgment. It is further ORDERED that this matter be ADMINISTRATIVELY CLOSED pending a determination by the parties regarding whether they can reach a settlement with respect to attorneys' fees. Parties are ORDERED to file a joint status report on or before February 19, 2022, notifying the Court of settlement or proposing a briefing schedule on the issue of attorneys' fees, if such briefing will be necessary. Signed by Judge Florence Y. Pan on 12/21/21. (lcaa) (Entered: 12/21/2021)
2021-12-2169MEMORANDUM AND OPINION. Signed by Judge Florence Y. Pan on 12/21/21. (lcaa) (Entered: 12/21/2021)
2021-12-21Set/Reset Deadlines/Hearings: Joint Status Report due by 2/19/2022. (zcdw) (Entered: 12/21/2021)
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