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Case TitleJONES et al v. DEPARTMENT OF DEFENSE
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2017cv02030
Date Filed2017-10-03
Date ClosedOpen
JudgeJudge Colleen Kollar-Kotelly
PlaintiffWALTER JONES Congressman
PlaintiffTRISH BROW
PlaintiffMICHAEL BROW
PlaintiffJOHN M. BROW
PlaintiffCONNIE GRUBER
PlaintiffJAMES MADISON PROJECT
Case DescriptionRep. Walter Jones (R-NC); Trish Brow, the widow of Lt. Col. John Brow, and Michael and John Brow, their adult children; Connie Gruber, widow of Maj. Brooks Gruber; and the James Madison Project submitted FOIA requests to the Marine Corps, the Department of the Navy, and the Office of the Inspector General at the Department of Defense for records concerning the 2000 crash of an MV-22 Osprey aircraft at a regional airport in Mariana, Arizona. The crash killed 19 Marines, including Brow and Gruber. The agencies acknowledged receipt of the requests, but after hearing nothing more substantive from any of the agencies, Jones, Brow, Gruber, and the James Madison Project filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantDEPARTMENT OF DEFENSE
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2017-10-031COMPLAINT against DEPARTMENT OF DEFENSE ( Filing fee $ 400 receipt number 0090-5141676) filed by THE JAMES MADISON PROJECT, CONGRESSMAN WALTER JONES, JOHN M BROW, MICHAEL BROW, TRISH BROW, CONNIE GRUBER. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit Rule 7.1 certification, # 3 Summons DoD, # 4 Summons USADC, # 5 Summons USAG)(Moss, Bradley) (Entered: 10/03/2017)
2017-10-032LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by JAMES MADISON PROJECT (zsb) (Entered: 10/03/2017)
2017-10-03Case Assigned to Judge Colleen Kollar-Kotelly. (zsb) (Entered: 10/03/2017)
2017-10-033SUMMONS (3) Issued Electronically as to DEPARTMENT OF DEFENSE, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(zsb) (Entered: 10/03/2017)
2017-10-054ORDER ESTABLISHING PROCEDURES FOR CASES ASSIGNED TO JUDGE COLLEEN KOLLAR-KOTELLY. Signed by Judge Colleen Kollar-Kotelly on 10/05/2017. (DM) (Entered: 10/05/2017)
2017-10-175RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. DEPARTMENT OF DEFENSE served on 10/10/2017 (Attachments: # 1 Exhibit DoD receipt)(Moss, Bradley) (Entered: 10/17/2017)
2017-10-176RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 10/10/2017. (Attachments: # 1 Exhibit USAG receipt)(Moss, Bradley) (Entered: 10/17/2017)
2017-10-177RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 10/10/2017. Answer due for ALL FEDERAL DEFENDANTS by 11/9/2017. (Attachments: # 1 Exhibit USADC receipt)(Moss, Bradley) (Entered: 10/17/2017)
2017-10-248NOTICE of Appearance by Mark Steven Zaid on behalf of All Plaintiffs (Zaid, Mark) (Entered: 10/24/2017)
2017-10-249NOTICE of Appearance by Brian J. Field on behalf of All Defendants (Field, Brian) (Entered: 10/24/2017)
2017-10-2410Unopposed MOTION for Extension of Time to Respond to Plaintiffs' Complaint by DEPARTMENT OF DEFENSE (Field, Brian) (Entered: 10/24/2017)
2017-10-31MINUTE ORDER: The Court has received Defendant's 10 Unopposed Motion for Extension of Time, which requests a one-month extension of the deadline for responding to the complaint. For good cause shown, the Motion is GRANTED. Defendant shall respond to the complaint by DECEMBER 11, 2017. Signed by Judge Colleen Kollar-Kotelly on October 31, 2017. (lcckk1) (Entered: 10/31/2017)
2017-11-01Set/Reset Deadlines: Response to complaint due by 12/11/2017. (tb) (Entered: 11/01/2017)
2017-12-1111ANSWER to 1 Complaint by DEPARTMENT OF DEFENSE.(Field, Brian) Modified to add link on 12/12/2017 (znmw). (Entered: 12/11/2017)
2017-12-1212ORDER. The parties shall file the schedule not later than JANUARY 11, 2018 . Signed by Judge Colleen Kollar-Kotelly on December 12, 2017. (lcckk1) (Entered: 12/12/2017)
2017-12-12Set/Reset Deadlines: Parties shall file the schedule by 1/11/2018. (dot) (Entered: 12/13/2017)
2018-01-1113Joint STATUS REPORT by DEPARTMENT OF DEFENSE. (Field, Brian) (Entered: 01/11/2018)
2018-01-17MINUTE ORDER: The Court has received the parties' 13 Joint Status Report. Defendant shall continue processing the Freedom of Information Act ("FOIA") request submitted to the United States Navy ("Navy"), issuing a further release by FEBRUARY 11, 2018 , and, if necessary, a final release and/or other response by MARCH 11, 2018 . The parties shall continue to confer regarding the scope and processing schedule for Plaintiffs' FOIA request submitted to the Department of Defense Office of the Inspector General. The parties shall file a further Joint Status Report by FEBRUARY 12, 2018 , indicating how the parties intend to proceed, and proposing a briefing schedule if necessary. Signed by Judge Colleen Kollar-Kotelly on January 17, 2018. (lcckk1) (Entered: 01/17/2018)
2018-01-17Set/Reset Deadlines: Joint Status Report due by 2/12/2018. (dot) (Entered: 01/22/2018)
2018-02-0614Consent MOTION for Extension of Time to file Joint Status Report by DEPARTMENT OF DEFENSE (Attachments: # 1 Text of Proposed Order)(Field, Brian) (Entered: 02/06/2018)
2018-02-12MINUTE ORDER: The Court has received Defendant's 14 Consent Motion for Extension of Time, with respect to the submission of the parties' next Joint Status Report. Defendant indicates that the parties continue to confer regarding one (or more) of the Plaintiffs' Freedom of Information Act requests in this action. Accordingly, with Plaintiffs' consent and for good cause shown, the Court GRANTS Defendant's 14 Motion. The parties shall have until FEBRUARY 20, 2018 , to file a further Joint Status Report indicating how the parties intend to proceed, and proposing a briefing schedule if necessary. Signed by Judge Colleen Kollar-Kotelly on February 12, 2018. (lcckk1) (Entered: 02/12/2018)
2018-02-12Set/Reset Deadlines: Joint Status Report due by 2/20/2018. (dot) (Entered: 02/13/2018)
2018-02-2015Joint STATUS REPORT by DEPARTMENT OF DEFENSE. (Attachments: # 1 Text of Proposed Order)(Field, Brian) (Entered: 02/20/2018)
2018-03-1216Joint STATUS REPORT by DEPARTMENT OF DEFENSE. (Field, Brian) (Entered: 03/12/2018)
2018-03-20MINUTE ORDER: The Court has received the parties' 15 and 16 Joint Status Reports. These reports confirm that the U.S. Marine Corps and Navy have completed processing of Plaintiffs' respective FOIA requests. The parties shall continue to confer regarding the scope and processing schedule for Plaintiffs' FOIA request submitted to the Department of Defense Office of the Inspector General. The parties shall file a further Joint Status Report by APRIL 12, 2018 , indicating how the parties intend to proceed, and proposing a briefing schedule if necessary. Signed by Judge Colleen Kollar-Kotelly on March 20, 2018. (lcckk1) (Entered: 03/20/2018)
2018-03-20Set/Reset Deadlines: Joint Status Report due by 4/12/2018. (dot) (Entered: 03/22/2018)
2018-04-1217Joint STATUS REPORT by DEPARTMENT OF DEFENSE. (Attachments: # 1 Text of Proposed Order)(Field, Brian) (Entered: 04/12/2018)
2018-05-02MINUTE ORDER: The Court has received the parties' 17 Joint Status Report. The parties shall continue to confer regarding the scope and processing schedule for Plaintiffs' FOIA request submitted to the Department of Defense Office of the Inspector General. The parties shall file a further Joint Status Report by MAY 14, 2018 , indicating how the parties intend to proceed, and proposing a briefing schedule if necessary. Signed by Judge Colleen Kollar-Kotelly on May 2, 2018. (lcckk1) (Entered: 05/02/2018)
2018-05-02Set/Reset Deadlines: Joint Status Report due by 5/14/2018,indicating how the parties intend to proceed, and proposing a briefing schedule if necessary. (dot) (Entered: 05/02/2018)
2018-05-1418Joint STATUS REPORT by DEPARTMENT OF DEFENSE. (Field, Brian) (Entered: 05/14/2018)
2018-05-21MINUTE ORDER: The Court has received the parties' 18 Joint Status Report, which is almost identical to the earlier 17 Joint Status Report. The parties shall continue to confer regarding the scope and processing schedule for Plaintiffs' FOIA request submitted to the Department of Defense Office of the Inspector General. The parties shall file a further Joint Status Report by JUNE 14, 2018 , specifying the parties' progress since the last 18 Joint Status Report, indicating how the parties intend to proceed, and proposing a briefing schedule if necessary. Signed by Judge Colleen Kollar-Kotelly on May 21, 2018. (lcckk1) (Entered: 05/21/2018)
2018-06-1419Joint STATUS REPORT by DEPARTMENT OF DEFENSE. (Field, Brian) (Entered: 06/14/2018)
2018-07-09MINUTE ORDER: The Court has received the parties' 19 Joint Status Report, which is almost identical to the earlier 18 Joint Status Report. The parties shall continue to confer regarding the scope and processing schedule for Plaintiffs' FOIA request submitted to the Department of Defense Office of the Inspector General. The parties shall file a further Joint Status Report by JULY 16, 2018 , specifying the parties' progress since the last 19 Joint Status Report, indicating how the parties intend to proceed, and proposing a briefing schedule if necessary. Signed by Judge Colleen Kollar-Kotelly on July 9, 2018. (lcckk1) (Entered: 07/09/2018)
2018-07-10Set/Reset Deadlines: Joint Status Report due by 7/16/2018. (kt) (Entered: 07/10/2018)
2018-07-1620Joint STATUS REPORT by DEPARTMENT OF DEFENSE. (Field, Brian) (Entered: 07/16/2018)
2018-07-26MINUTE ORDER: The Court has received the parties' 20 Joint Status Report. The parties detail their progress in negotiating the scope of Plaintiffs' FOIA request submitted to the Department of Defense Office of the Inspector General ("OIG"). The Court adopts the parties' proposal for further proceedings, notwithstanding the extended schedule. OIG shall complete its responsiveness review of records by DECEMBER 31, 2018 . The parties shall continue to confer regarding additional ways to narrow the scope of the review of records responsive to Plaintiffs' FOIA request submitted to OIG. The parties shall file a further Joint Status Report by AUGUST 16, 2018 , specifying the parties' progress since the last 20 Joint Status Report, indicating how the parties intend to proceed, and proposing a briefing schedule if necessary. Signed by Judge Colleen Kollar-Kotelly on July 26, 2018. (lcckk1) (Entered: 07/26/2018)
2018-07-26Set/Reset Deadlines: Joint Status Report due by 8/16/2018. (dot) (Entered: 07/30/2018)
2018-08-1621Joint STATUS REPORT by DEPARTMENT OF DEFENSE. (Field, Brian) (Entered: 08/16/2018)
2018-08-24MINUTE ORDER: The Court has received the parties' 21 Joint Status Report, which indicates that processing of Plaintiffs' FOIA request submitted to the Department of Defense Office of the Inspector General is ongoing and is still expected to be completed by December 31, 2018. In light of the extended schedule, the parties shall file a further Joint Status Report by OCTOBER 15, 2018 , that contains an update limited to the parties' progress since the last 21 Joint Status Report, indicates how the parties intend to proceed, and proposes a briefing schedule if necessary. Signed by Judge Colleen Kollar-Kotelly on August 24, 2018. (lcckk1) (Entered: 08/24/2018)
2018-08-24Set/Reset Deadlines: Joint Status Report due by 10/15/2018. (dot) (Entered: 08/27/2018)
2018-10-1522Joint STATUS REPORT by DEPARTMENT OF DEFENSE. (Field, Brian) (Entered: 10/15/2018)
2018-10-22MINUTE ORDER: The Court has received the parties' 22 Joint Status Report, which indicates that processing of Plaintiffs' FOIA request submitted to the Department of Defense Office of the Inspector General is ongoing and is still expected to be completed by December 31, 2018. In light of the extended schedule, the parties shall file a further Joint Status Report by DECEMBER 14, 2018 , that contains an update limited to the parties' progress since the last 22 Joint Status Report, indicates how the parties intend to proceed, and proposes a briefing schedule if necessary. Signed by Judge Colleen Kollar-Kotelly on October 22, 2018. (lcckk1) (Entered: 10/22/2018)
2018-10-22Set/Reset Deadlines: Joint Status Report due by 12/14/2018. (dot) (Entered: 10/23/2018)
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