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Case TitleKEARNS v. FEDERAL AVIATION ADMINISTRATION
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2017cv00434
Date Filed2017-03-10
Date Closed2018-05-15
JudgeJudge James E. Boasberg
PlaintiffKEVIN KEARNS
Case DescriptionKevin Kearns, an employee of the Federal Aviation Administration, submitted a FOIA request to the FAA for records concerning complaints filed against him by other employees. The agency responded by disclosing some records, but redacted personally-identifying information under Exemption 6(invasion of privacy). Kearns filed an administrative appeal, which was denied. Kearns submitted a second FOIA request for two internal investigation files. The agency indicated that there were 1,537 responsive pages. The agency withheld 797 pages entirely and 333 pages in part under Exemption 6. Kearns filed an administrative appeal of the decision, but the agency had not responded by the time he filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantFEDERAL AVIATION ADMINISTRATION
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Opinion/Order [23]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2017-03-101COMPLAINT for INJUNCTIVE and DECLARATORY RELIEF against FEDERAL AVIATION ADMINISTRATION ( Filing fee $ 400 receipt number 0090-4872448) filed by KEVIN KEARNS. (Attachments: # 1 Exhibit Exhibits 1 - 10, # 2 Civil Cover Sheet, # 3 Summons, # 4 Summons, # 5 Summons)(English, Alexander) (Entered: 03/10/2017)
2017-03-10Case Assigned to Judge James E. Boasberg. (jd) (Entered: 03/10/2017)
2017-03-102SUMMONS (3) Issued Electronically as to FEDERAL AVIATION ADMINISTRATION, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Consent Forms)(jd) (Entered: 03/10/2017)
2017-03-303NOTICE of Appearance by Johnny Hillary Walker, III on behalf of FEDERAL AVIATION ADMINISTRATION (Walker, Johnny) (Entered: 03/30/2017)
2017-04-194RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. FEDERAL AVIATION ADMINISTRATION served on 4/10/2017 (Attachments: # 1 Exhibit)(English, Alexander) (Entered: 04/19/2017)
2017-04-195RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 3/24/2017. (Attachments: # 1 Exhibit)(English, Alexander) (Entered: 04/19/2017)
2017-04-196RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 3/24/2017. Answer due for ALL FEDERAL DEFENDANTS by 4/23/2017. (Attachments: # 1 Exhibit)(English, Alexander) (Entered: 04/19/2017)
2017-04-197Consent MOTION for Extension of Time to File Answer re 1 Complaint, by FEDERAL AVIATION ADMINISTRATION (Attachments: # 1 Text of Proposed Order)(Walker, Johnny) (Entered: 04/19/2017)
2017-04-19MINUTE ORDER granting 7 Motion for Extension of Time to Answer. The Court ORDERS that Defendant shall respond to Plaintiff's Complaint on or before May 10, 2017. Signed by Judge James E. Boasberg on 4/19/2017. (lcjeb1) (Entered: 04/19/2017)
2017-04-19Set/Reset Deadlines: Response due by 5/10/2017. (nbn) (Entered: 04/20/2017)
2017-05-108ANSWER to Complaint by FEDERAL AVIATION ADMINISTRATION.(Walker, Johnny) (Entered: 05/10/2017)
2017-05-10MINUTE ORDER: The Court ORDERS that the parties shall meet, confer, and submit a joint proposed briefing schedule by May 24, 2017. Signed by Judge James E. Boasberg on 5/10/2017. (lcjeb1) (Entered: 05/10/2017)
2017-05-10Set/Reset Deadlines: Joint Proposed Briefing Schedule due by 5/24/2017. (nbn) (Entered: 05/10/2017)
2017-05-249Joint STATUS REPORT by FEDERAL AVIATION ADMINISTRATION. (Attachments: # 1 Text of Proposed Order)(Walker, Johnny) (Entered: 05/24/2017)
2017-05-24MINUTE ORDER: The Court ORDERS that the parties shall submit a further joint status report by June 23, 2017. Signed by Judge James E. Boasberg on 5/24/2017. (lcjeb1) (Entered: 05/24/2017)
2017-05-25Set/Reset Deadlines: Joint Status Report due by 6/23/2017 (lsj) (Entered: 05/25/2017)
2017-06-2310Joint STATUS REPORT by FEDERAL AVIATION ADMINISTRATION. (Attachments: # 1 Text of Proposed Order)(Walker, Johnny) (Entered: 06/23/2017)
2017-06-26MINUTE ORDER: The Court ORDERS that the parties shall file a further joint status report on or before August 7, 2017, updating the Court on the status of the dispute in this case and, if necessary, proposing a briefing schedule. Signed by Judge James E. Boasberg on 6/26/2017. (lcjeb1) (Entered: 06/26/2017)
2017-06-26Set/Reset Deadlines: Joint Status Report due by 8/7/2017. (nbn) (Entered: 06/27/2017)
2017-08-0711Joint STATUS REPORT and Proposed Briefing Schedule by FEDERAL AVIATION ADMINISTRATION. (Attachments: # 1 Text of Proposed Order)(Walker, Johnny) (Entered: 08/07/2017)
2017-08-08MINUTE ORDER: Per the parties' 11 Joint Status Report, the Court ORDERS that: (1) Defendant's motion for summary judgment shall be filed on or before September 21, 2017; (2) Plaintiff's opposition to the motion and cross-motion for summary judgment shall be filed on or before November 21, 2017; (3) Defendant's opposition to the cross-motion and reply shall be filed on or before December 21, 2017; and (4) Plaintiff's reply shall be filed on or before January 19, 2018. Signed by Judge James E. Boasberg on 8/8/17. (lcjeb1) (Entered: 08/08/2017)
2017-08-08Set/Reset Deadlines: Summary Judgment motions due by 9/21/2017. Response to Motion for Summary Judgment due by 11/21/2017. Reply to Motion for Summary Judgment due by 12/21/2017. Replies due by 1/19/2018. (nbn) (Entered: 08/10/2017)
2017-09-2112MOTION for Summary Judgment by FEDERAL AVIATION ADMINISTRATION (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Declaration or Christopher Brown, # 4 Declaration of Stephanie Carrasquillo, # 5 Declaration of Natalie Gibbs, # 6 Declaration of Laurie Karnay, # 7 Declaration of Rafael Ramos, # 8 Declaration of Andrew Robinson, # 9 Declaration of Marianna Spiritakis, # 10 Declaration of Barbara Stance, # 11 Exhibit 1: FOIA Request dated July 8, 2015, # 12 Exhibit 2: Acknowledgment dated July 9, 2015, # 13 Exhibit 3: Response dated July 31, 2015, # 14 Exhibit 4: Appeal dated August 27, 2015, # 15 Exhibit 5: Appeal Denial dated October 30, 2015, # 16 Exhibit 6: FOIA and Privacy Act Request dated November 7, 2015, # 17 Exhibit 7: Response dated December 23, 2015, # 18 Exhibit 8: FOIA and Privacy Act Request dated September 16, 2016, # 19 Exhibit 9: Acknowledgment dated September 21, 2016, # 20 Exhibit 10: Response dated October 24, 2016, # 21 Exhibit 11: Appeal dated November 3, 2016, # 22 Exhibit 12: Appeal Acknowledgement dated November 10, 2016, # 23 Exhibit 13: Response dated June 20, 2017, # 24 Exhibit 14: Response dated July 12, 2017, # 25 Exhibit 15: Vaughn Index for FOIA 2015-007559, # 26 Exhibit 16: Vaughn Index for FOIA 2016-009336, # 27 Text of Proposed Order)(Walker, Johnny) (Entered: 09/21/2017)
2017-11-2113RESPONSE re 12 MOTION for Summary Judgment and Consolidated Cross-Motion for Summary Judgment filed by KEVIN KEARNS. (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts Dispute of FAA's SUMF, # 3 Statement of Facts Kearns SUMF, # 4 Declaration Kearns Decl., # 5 Exhibit 1, # 6 Text of Proposed Order)(English, Alexander) (Entered: 11/22/2017)
2017-11-2214ERRATA to his Statement of Material Facts and Proposed Order by KEVIN KEARNS 13 Response to motion, filed by KEVIN KEARNS. (Attachments: # 1 Statement of Facts Errata Kearns SUMF, # 2 Text of Proposed Order Errata Proposed Order)(English, Alexander) (Entered: 11/22/2017)
2017-11-2215Cross MOTION for Summary Judgment by KEVIN KEARNS. (See Docket Entries 13 and 14 to view documents). (znmw) (Entered: 11/27/2017)
2017-12-1916Consent MOTION for Extension of Time to File Response/Reply as to 15 MOTION for Summary Judgment by FEDERAL AVIATION ADMINISTRATION (Attachments: # 1 Text of Proposed Order)(Walker, Johnny) (Entered: 12/19/2017)
2017-12-20MINUTE ORDER GRANTING Defendant's 16 Motion for Extension of Time to File Response/Reply. The Court ORDERS that (1) Defendant shall file its Reply and Opposition by January 11, 2018; and (2) Plaintiff shall file his Reply by February 8, 2018. So ORDERED by Judge James E. Boasberg on 12/20/17. (lcjeb1) (Entered: 12/20/2017)
2017-12-20Set/Reset Deadlines: Defendant shall file its Reply and Opposition due by 1/11/2018 Plaintiff shall file his Reply by 2/8/2018. (nbn) (Entered: 12/20/2017)
2018-01-1117Consent MOTION for Extension of Time to File Response/Reply as to 12 MOTION for Summary Judgment , 15 MOTION for Summary Judgment by FEDERAL AVIATION ADMINISTRATION (Attachments: # 1 Text of Proposed Order)(Walker, Johnny) (Entered: 01/11/2018)
2018-01-11MINUTE ORDER GRANTING Defendant's 17 Motion for Extension of Time to File Response/Reply. The Court ORDERS that Defendant shall file its Opposition and Reply on or before February 9, 2018, and Plaintiff shall file a Reply on or before March 12, 2018. So ORDERED by Judge James E. Boasberg on 1/11/18. (lcjeb1) (Entered: 01/11/2018)
2018-01-11Set/Reset Deadlines: Opposition and Reply due by 2/9/2018. (nbn) (Entered: 01/11/2018)
2018-01-11Set/Reset Deadlines: Plaintiff shall file a Reply by 3/12/2018. (nbn) (Entered: 01/11/2018)
2018-02-0918Memorandum in opposition to re 15 MOTION for Summary Judgment filed by FEDERAL AVIATION ADMINISTRATION. (Attachments: # 1 Supplemental Declaration of Christopher Brown, # 2 Supplemental Declaration of Rafael Ramos, # 3 Supplemental Declaration of Natalie Gibbs, # 4 Response to Plaintiff's Statement of Material Facts as to Which There is No Genuine Issue)(Walker, Johnny) (Entered: 02/09/2018)
2018-02-0919REPLY to opposition to motion re 12 MOTION for Summary Judgment filed by FEDERAL AVIATION ADMINISTRATION. (Walker, Johnny) (Entered: 02/09/2018)
2018-03-1220REPLY to opposition to motion re 15 MOTION for Summary Judgment filed by KEVIN KEARNS. (Attachments: # 1 Exhibit 1 - FAA's Jan. 9, 2018 Vaughn Index for Request No. 2016-009336NM, # 2 Exhibit 2 - AHW20140239 Exhibit 15, # 3 Exhibit 3 - AHW20150091 Cover Pages, # 4 Exhibit 4 - AHW20140239 Exhibit 34, # 5 Exhibit 5 - AHW20140239 Exhibit 16, # 6 Exhibit 6 - AHW20140239 List of Exhibits, # 7 Exhibit 7 - AHW20150091 List of Exhibits)(English, Alexander) (Entered: 03/12/2018)
2018-04-13MINUTE ORDER: The Court ORDERS that by April 18, 2018, Defendant shall produce to the Court for in camera inspection all challenged documents withheld in full or in part. For those withheld in part, Defendant shall produce clean copies as well as copies with the redactions so that the Court can compare. So ORDERED by Judge James E. Boasberg on 4/13/18. (lcjeb1) (Entered: 04/13/2018)
2018-04-13Set/Reset Deadlines: In-Camera Submission due by 4/18/2018. (znbn) (Entered: 04/13/2018)
2018-04-1821NOTICE of In Camera Submission by FEDERAL AVIATION ADMINISTRATION re Order, (Walker, Johnny) (Entered: 04/18/2018)
2018-05-1522ORDER GRANTING Defendant's 12 Motion for Summary Judgment and DENYING Plaintiff's 15 Cross-Motion for Summary Judgment. Signed by Judge James E. Boasberg on 5/14/2018.(lcjeb2) (Entered: 05/15/2018)
2018-05-1523MEMORANDUM OPINION re 22 Order on Motions for Summary Judgment. Signed by Judge James E. Boasberg on 5/14/2018. (lcjeb2) (Entered: 05/15/2018)
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by FOIA Project Staff