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Case TitleAMERICAN OVERSIGHT v. U.S. DEPARTMENT OF DEFENSE et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2017cv02707
Date Filed2017-12-19
Date ClosedOpen
JudgeJudge Tanya S. Chutkan
PlaintiffAMERICAN OVERSIGHT
Case DescriptionAmerican Oversight submitted three FOIA requests to the Department of Defense, the Department of the Army, the Department of the Navy, and the Department of the Air Force for records concerning contacts with the military pertaining to President Trump's ban on transgenders in the military. American Oversight also requested expedited processing. The Defense Department denied American Oversight's request for expedited processing, and several components indicated that they had found no records. American Oversight filed administrative appeals as to all adverse decisions. After hearing nothing further from the agencies, American Oversight filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Expedited processing, Litigation - Attorney's fees

DefendantU.S. DEPARTMENT OF DEFENSE
DefendantU.S. DEPARTMENT OF THE AIR FORCE
DefendantU.S. DEPARTMENT OF THE ARMY
DefendantU.S. DEPARTMENT OF THE NAVY
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
Complaint attachment 15
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2017-12-191COMPLAINT against ALL DEFENDANTS ( Filing fee $ 400 receipt number 0090-5254661) filed by AMERICAN OVERSIGHT. (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 Civil Cover Sheet, # 10 Summons, # 11 Summons, # 12 Summons, # 13 Summons, # 14 Summons, # 15 Summons)(Cafasso, Cerissa) (Entered: 12/19/2017)
2017-12-192LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by AMERICAN OVERSIGHT (Cafasso, Cerissa) (Entered: 12/19/2017)
2017-12-19Case Assigned to Judge Tanya S. Chutkan. (md) (Entered: 12/21/2017)
2017-12-213SUMMONS (6) Issued Electronically as to U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF THE AIR FORCE, U.S. DEPARTMENT OF THE ARMY, U.S. DEPARTMENT OF THE NAVY, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent) (md) (Entered: 12/21/2017)
2018-01-044NOTICE of Appearance by Jason Todd Cohen on behalf of All Defendants (Cohen, Jason) (Entered: 01/04/2018)
2018-01-185RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 12/28/2017. ( Answer due for ALL FEDERAL DEFENDANTS by 1/27/2018.), RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF DEFENSE served on 12/27/2017; U.S. DEPARTMENT OF THE AIR FORCE served on 12/27/2017; U.S. DEPARTMENT OF THE ARMY served on 12/27/2017; U.S. DEPARTMENT OF THE NAVY served on 12/27/2017, RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 12/28/2017. (Attachments: # 1 Exhibit A)(Cafasso, Cerissa) (Entered: 01/18/2018)
2018-01-296Joint STATUS REPORT and Proposed Scheduling Order by U.S Department of Defense et al and by AMERICAN OVERSIGHT. (Cafasso, Cerissa) (Entered: 01/29/2018)
2018-01-297AMENDED COMPLAINT against All Defendants filed by AMERICAN OVERSIGHT. (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)(Cafasso, Cerissa) (Entered: 01/29/2018)
2018-01-30MINUTE ORDER: Having considered the parties' Joint Status Report 6 , the parties shall adhere to the following deadlines: Defendants will file their Answer to the Amended Complaint by February 28, 2018. By no later than March 7, 2018, the parties shall meet and confer and propose a schedule for proceeding in this matter. The schedule shall address the status of Plaintiff's FOIA requests, the anticipated number of documents responsive to Plaintiff's FOIA requests, the anticipated date(s)for release of the documents requested by Plaintiff, whether a motion for an Open America stay is likely in this case, whether a Vaughn index will be required in this case, whether and when either party anticipates filing a dispositive motion, and any other pertinent issues. The parties shall file ajoint status report that addresses these issues and that contains a proposed schedule and proposed order. Signed by Judge Tanya S. Chutkan on 1/30/18. (DJS) (Entered: 01/30/2018)
2018-01-31Set/Reset Deadlines: Defendant's Answer to the Amended Complaint is due by 2/28/2018. Joint Status Report and Proposed Briefing Schedule are due by 3/7/2018. (jth) (Entered: 01/31/2018)
2018-02-288ANSWER to 7 Amended Complaint, by U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF THE AIR FORCE, U.S. DEPARTMENT OF THE ARMY, U.S. DEPARTMENT OF THE NAVY.(Cohen, Jason) (Entered: 02/28/2018)
2018-03-079Joint STATUS REPORT by U.S. Department of Defense et al. and by AMERICAN OVERSIGHT. (Cafasso, Cerissa) (Entered: 03/07/2018)
2018-03-08MINUTE ORDER: Having considered the parties' Joint Status Report [ 9 , it is hereby ordered that the parties shall file another joint report by April 18, 2018. THE REPORT SHALL BE ACCOMPANIED BY A PROPOSED ORDER. Signed by Judge Tanya S. Chutkan on 3/8/18. (DJS) (Entered: 03/08/2018)
2018-03-09Set/Reset Deadlines: Joint Status Report due by 4/18/2018. (tb) (Entered: 03/09/2018)
2018-04-1810Joint STATUS REPORT by U.S. Department of Defense et al. and by AMERICAN OVERSIGHT. (Cafasso, Cerissa) (Entered: 04/18/2018)
2018-06-0511Joint STATUS REPORT by AMERICAN OVERSIGHT. (Attachments: # 1 Exhibit A, # 2 Text of Proposed Order Submitted by American Oversight)(Cafasso, Cerissa) (Entered: 06/05/2018)
2018-06-13MINUTE ORDER: A Status Conference is hereby set for 7/9/18 at 10:45 am in Courtroom 9. Signed by Judge Tanya S. Chutkan on 6/13/18. (DJS) (Entered: 06/13/2018)
2018-06-13Set/Reset Hearings: Status Conference set for 7/9/2018 at 10:45 AM in Courtroom 9 before Judge Tanya S. Chutkan. (tb) (Entered: 06/13/2018)
2018-07-09MINUTE ORDER: The Status Conference currently set for 7/9/18 is hereby rescheduled for 7/16/18 at 11:30 am in Courtroom 9. Signed by Judge Tanya S. Chutkan on 7/9/2018. (lctsc2). (Entered: 07/09/2018)
2018-07-10Set/Reset Hearings: Status Conference reset for 7/16/2018 at 11:30 AM in Courtroom 9 before Judge Tanya S. Chutkan. (tb) (Entered: 07/10/2018)
2018-07-16Minute Entry: Status Conference held on 7/16/2018 before Judge Tanya S. Chutkan: Joint Status Report due by 8/31/2018. Status Conference set for 9/17/2018 at 10:00 AM in Courtroom 9 before Judge Tanya S. Chutkan. (Court Reporter Bryan Wayne) (tb) (Entered: 07/16/2018)
2018-08-2312Unopposed MOTION for Extension of Time to Submit Joint Status Report by AMERICAN OVERSIGHT (Attachments: # 1 Text of Proposed Order)(Cafasso, Cerissa) (Entered: 08/23/2018)
2018-08-24MINUTE ORDER: Granting 12 Unopposed Motion for Extension of Deadlines. Joint Status Report and proposed order due September 5, 2018. Signed by Judge Tanya S. Chutkan on 8/24/18. (DJS) (Entered: 08/24/2018)
2018-08-27Set/Reset Deadlines: Joint Status Report and Proposed Order due by 9/5/2018. (jth) (Entered: 08/27/2018)
2018-09-0513Joint STATUS REPORT by AMERICAN OVERSIGHT. (Attachments: # 1 Text of Proposed Order)(Cafasso, Cerissa) (Entered: 09/05/2018)
2018-09-1314NOTICE OF SUBSTITUTION OF COUNSEL by Matthew Evan Kahn on behalf of U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF THE AIR FORCE, U.S. DEPARTMENT OF THE ARMY, U.S. DEPARTMENT OF THE NAVY Substituting for attorney Jason Cohen (Kahn, Matthew) (Entered: 09/13/2018)
2018-09-14Set/Reset Hearings: Status Conference reset for 9/17/2018 at 11:30 AM in Courtroom 9 before Judge Tanya S. Chutkan. (tb) (Entered: 09/14/2018)
2018-09-17Minute Entry: Status Conference held on 9/17/2018 before Judge Tanya S. Chutkan: The government is required to produce 109,000 documents. Joint Status Report due by 11/2/2018. (Court Reporter Bryan Wayne) (tb) (Entered: 09/17/2018)
2018-10-3115Joint STATUS REPORT by U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF THE AIR FORCE, U.S. DEPARTMENT OF THE ARMY, U.S. DEPARTMENT OF THE NAVY. (Kahn, Matthew) (Entered: 10/31/2018)
2018-11-08MINUTE ORDER: Having considered the parties' joint status report 15 , it is hereby ordered that the parties shall file another joint report by 12/3/18. The joint report shall be accompanied by a proposed order. Signed by Judge Tanya S. Chutkan on 11/8/18. (DJS) (Entered: 11/08/2018)
2018-11-09Set/Reset Deadlines: Joint Status Report due by 12/3/2018. (tb) (Entered: 11/09/2018)
2018-11-13Set/Reset Deadlines: Joint Status Report due by 12/3/2018. (tb) (Entered: 11/13/2018)
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by FOIA Project Staff
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