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Case TitleProtect Our Defenders et al v. Defense et al
DistrictDistrict of Connecticut
CityNew Haven
Case Number3:2017cv02073
Date Filed2017-12-13
Date ClosedOpen
JudgeJudge Vanessa L. Bryant
PlaintiffProtect Our Defenders
PlaintiffConnecticut Veterans Legal Center
Case DescriptionProtect Our Defenders and the Connecticut Veterans Legal Center submitted FOIA requests to the Department of Defense and the Department of Homeland Security for records concerning the military's treatment of survivors of sexual harassment, assault, and rape. The military services responded to the requests and Defenders filed administrative appeals challenging the adequacy of the search. Defenders also sent FOIA requests to other components of the military justice system. After the agencies failed to respond substantive, Defenders filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Public Interest Fee Waiver, Litigation - Attorney's fees

DefendantDepartment of Defense
DefendantDepartment of Homeland Security
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
Complaint attachment 13
Complaint attachment 14
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2017-12-131COMPLAINT against All Defendants ( Filing fee $400 receipt number ACTDC-4642317.), filed by Protect Our Defenders, Connecticut Veterans Legal Center. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N)(Wishnie, Michael) (Entered: 12/13/2017)
2017-12-13Judge Vanessa L. Bryant added. (Oliver, T.) (Entered: 12/13/2017)
2017-12-13Request for Clerk to issue summons as to All Defendants. (Wishnie, Michael) (Entered: 12/13/2017)
2017-12-132ELECTRONIC FILING ORDER - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER. Signed by Judge Vanessa L. Bryant on 12/13/2017.(Bozek, M.) (Entered: 12/15/2017)
2017-12-133STANDING PROTECTIVE ORDER. Signed by Judge Vanessa L. Bryant on 12/13/2017.(Bozek, M.) (Entered: 12/15/2017)
2017-12-134ORDER RE: Judge's Chambers Practices. Counsel are directed to read and comply with the Chambers Practices and Standing Orders prior to filing any document. So ordered. Signed by Judge Vanessa L. Bryant on 12/13/2017.(Bozek, M.) (Entered: 12/15/2017)
2017-12-155NOTICE TO COUNSEL/SELF-REPRESENTED PARTIES : Counsel or self-representing parties initiating or removing this action are responsible for serving all parties with attached documents and copies of 2 Electronic Filing Order, 4 Order Re: Chambers Practices, Request to Issue Summons, 1 Complaint, filed by Connecticut Veterans Legal Center, Protect Our Defenders, and 3 Standing Protective Order. Signed by Clerk on 12/15/2017.(Bozek, M.) (Entered: 12/15/2017)
2017-12-156ELECTRONIC SUMMONS ISSUED in accordance with Fed. R. Civ. P. 4 and LR 4 as to *Department of Defense, Department of Homeland Security* with answer to complaint due within *30* days. Attorney *Michael J. Wishnie* *Jerome N. Frank Legal Services - Wall St, Yale Law School* *127 Wall Street* *New Haven, CT 06511*. (Bozek, M.) (Entered: 12/15/2017)
2018-01-177NOTICE of Appearance by Natalie Nicole Elicker on behalf of Department of Defense, Department of Homeland Security (Elicker, Natalie) (Entered: 01/17/2018)
2018-01-178MOTION for Extension of Time until 2/19/18 and 3/21/18 to file a Proposed Schedule (2/19/18), and Answer or Respond (3/21/18) to 1 Complaint, by Department of Defense, Department of Homeland Security. (Elicker, Natalie) (Entered: 01/17/2018)
2018-01-189CERTIFICATE OF SERVICE by Connecticut Veterans Legal Center, Protect Our Defenders (Wishnie, Michael) (Entered: 01/18/2018)
2018-01-1810Memorandum in Opposition re 8 MOTION for Extension of Time until 2/19/18 and 3/21/18 to file a Proposed Schedule (2/19/18), and Answer or Respond (3/21/18) to 1 Complaint, filed by Connecticut Veterans Legal Center, Protect Our Defenders. (Wishnie, Michael) (Entered: 01/18/2018)
2018-01-1811MOTION for Leave to Appear Law Student Interns Meghan Brooks, Alyssa Peterson, Giovanni Sanchez by Connecticut Veterans Legal Center, Protect Our Defenders. (Wishnie, Michael) (Entered: 01/18/2018)
2018-01-1812NOTICE of Appearance by Aaron Paul Wenzloff on behalf of Connecticut Veterans Legal Center, Protect Our Defenders (Wenzloff, Aaron) (Entered: 01/18/2018)
2018-01-1913ORDER granting 11 Motion for Leave to Appear Law Student Interns Meghan Brooks, Alyssa Peterson, Giovanni Sanchez . Certificate of Good Standing due by 3/20/2018. Signed by Judge Vanessa L. Bryant on 01/19/2018. (Lee, E.) (Entered: 01/19/2018)
2018-01-1914ORDER: The Clerk is directed to remove the Certificate of Good Standing deadline as it does not apply to law student interns. Signed by Judge Vanessa L. Bryant on 01/19/2018. (Lee, E.) (Entered: 01/19/2018)
2018-01-1915ORDER granting in part and denying in part 8 Motion for Extension of Time until 2/19/18 and 3/21/18 to file a Proposed Schedule (2/19/18), and Answer or Respond (3/21/18) to 1 Complaint. In considering the parties' positions, the Joint 26(f) Report is due on or before 02/19/2018 and the response to the Complaint is due on or before 03/05/2018 . Signed by Judge Vanessa L. Bryant on 01/19/2018. (Lee, E.) (Entered: 01/19/2018)
2018-01-19Set deadlines per 15 Order: Rule 26 Meeting Report due by 2/19/2018; Answer deadline updated to 3/5/2018. (Shafer, J.) (Entered: 01/22/2018)
2018-02-1516Joint MOTION for Extension of Time until to and including February 23, 2018 to file a Joint Proposed Schedule 15 Order on Motion for Extension of Time, by Connecticut Veterans Legal Center, Protect Our Defenders. (Wenzloff, Aaron) (Entered: 02/15/2018)
2018-02-1617ORDER granting 16 Motion for Extension of Time to file a Joint Proposed Schedule for good cause shown. In contemplation of the parties' joint motion, the Court vacates its initial order requiring a full Joint 26(f) Report and directs the parties to file a proposed scheduling order that satisfies D. Conn. Civ. L. R. 16(b) and 26(f)(3) and the need for efficiency. Signed by Judge Vanessa L. Bryant on 02/16/2016. (Lee, E.) (Entered: 02/16/2018)
2018-02-2318MOTION for Joint Proposed Scheduling Order by Connecticut Veterans Legal Center, Protect Our Defenders. (Attachments: # 1 Text of Proposed Order)(Wenzloff, Aaron) (Entered: 02/23/2018)
2018-03-0519ORDER granting 18 Motion for Joint Proposed Scheduling Order. The Court adopts the Joint Proposed Scheduling Order. SCHEDULING ORDER: All deadlines including the internal disclosure and status report deadlines are set forth in the attached scheduling order. Defendant's dispositive motion is due on or before 06/25/2018 and Plaintiff's cross-motion and opposition is due on or before 08/15/2018 . Signed by Judge Vanessa L. Bryant on 03/05/2018. (Lee, E.) (Entered: 03/05/2018)
2018-03-0520ANSWER to 1 Complaint, with Affirmative Defenses by Department of Defense, Department of Homeland Security.(Elicker, Natalie) (Entered: 03/05/2018)
2018-03-05Set deadlines: first Joint Status Report due by 3/12/2018; second due 4/6/2018 per 19 Scheduling Order. (Shafer, J.) Modified to correct date on 3/8/2018 (Shafer, J.). (Entered: 03/06/2018)
2018-03-08Docket Entry Correction: second joint status report due April 6, 2018 per 19 Order. (Shafer, J.) (Entered: 03/08/2018)
2018-03-1221STATUS REPORT by Department of Defense, Department of Homeland Security. (Elicker, Natalie) (Entered: 03/12/2018)
2018-03-1622RESPONSE re 21 Status Report filed by Connecticut Veterans Legal Center, Protect Our Defenders. (Wenzloff, Aaron) (Entered: 03/16/2018)
2018-04-0623Joint STATUS REPORT by Connecticut Veterans Legal Center, Protect Our Defenders. (Wenzloff, Aaron) (Entered: 04/06/2018)
2018-05-2124MOTION for Extension of Time until June 20, 2018 for Production of Documents and for Limited Modification of Scheduling Order by Department of Defense, Department of Homeland Security. (Elicker, Natalie) (Entered: 05/21/2018)
2018-05-2225ORDER granting 24 Motion for Extension of Time until June 20, 2018 for Production of Documents and for Limited Modification of Scheduling Order. Signed by Judge Vanessa L. Bryant on 05/22/2018. (Lee, E.) (Entered: 05/22/2018)
2018-06-1126NOTICE of Appearance by Carolyn Aiko Ikari on behalf of Department of Defense, Department of Homeland Security (Ikari, Carolyn) (Entered: 06/11/2018)
2018-06-2027Consent MOTION for Revised Scheduling Order by Department of Defense, Department of Homeland Security. (Ikari, Carolyn) (Entered: 06/20/2018)
2018-06-2128ORDER denying 27 Consent MOTION for Revised Scheduling Order. In the past six months since this case was filed, the parties have sought four extensions of time. The Court has wasted considerable time reviewing and granting the parties' request just to be asked to consider another. The parties are directed to meet and confer concerning trial preparation and propose a schedule to which they can meet and to which they will be held. Signed by Judge Vanessa L. Bryant on 06/21/2018. (Lee, E.) (Entered: 06/21/2018)
2018-06-2829MOTION for Reconsideration re 28 Order on Motion for Order,, by Department of Defense, Department of Homeland Security. (Attachments: # 1 Memorandum in Support)(Ikari, Carolyn) (Entered: 06/28/2018)
2018-06-2930ORDER denying as moot 29 Motion for Reconsideration re 28 Order on Motion for Order as the motion appears to be based on a misinterpretation of the Court's Order, Dkt. 28. That order establishes the inefficiency of the parties' repeated requests for extension of time. The Court denied the motion to the extent Defendants sought to amend the scheduling order without conferring with opposing counsel. The parties must confer and agree to a schedule where the parties can actually meet the deadlines they propose with respect to document production, dispositive motions, and trial--all of which are necessary for case management. The proposed scheduling order is due on or before 07/13/2018 . Signed by Judge Vanessa L. Bryant on 06/29/2018. (Lee, E.) (Entered: 06/29/2018)
2018-07-1331Joint MOTION for Revised Scheduling Order by Connecticut Veterans Legal Center, Protect Our Defenders. (Wishnie, Michael) (Entered: 07/13/2018)
2018-07-1632ORDER granting in part and denying in part 31 Joint MOTION for Revised Scheduling Order . The motion for summary judgment shall be due on or before 10/05/2018 . If no summary judgment motion is filed, the parties' Joint Trial Memorandum ("JTM") is due on or before 11/06/2018 . If a summary judgment motion is filed, the JTM is due on or before 06/06/2019 and a bench trial will occur in the month of July 2019 in Courtroom Three, 450 Main St., Hartford, CT before Judge Vanessa L. Bryant. The parties are directed to closely follow Chambers' Practices 4 --including the deadlines and format of filings--when completing and filing the JTM, which shall be accompanied by the motions in limine . The parties' exhibit binders and electronic exhibits, as well as any courtroom technology requests, must be submitted no later than two weeks before the month of trial. The Court also requests that any courtesy copies sent to Chambers be printed from the docket and contain the header of the Court's electronic filing system. The Court adopts all other deadlines proposed by the parties. Signed by Judge Vanessa L. Bryant on 07/16/2018. (Lee, E.) (Entered: 07/16/2018)
2018-07-16Set Deadlines/Hearings: Dispositive Motions due by 10/5/2018; JTM due by 11/6/2018; Bench Trial set for 12/18/2018 at 09:30 AM and 6/19/2019 09:30 AM in Courtroom Three, 450 Main St., Hartford, CT before Judge Vanessa L. Bryant. (Lee, E.) (Entered: 07/16/2018)
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by FOIA Project Staff