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Case TitleCONNELL v. UNITED STATES SOUTHERN COMMAND
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2018cv01813
Date Filed2018-08-01
Date ClosedOpen
JudgeJudge Randolph D. Moss
PlaintiffJAMES G. CONNELL, III
Case DescriptionJames Connell submitted a FOIA request to U.S. Southern Command for records related to a call between Admiral Kurt Tidd and Harvey Rishikof. The agency acknowledged receipt of the request and indicated that it would start processing Connell's request. After hearing nothing further from the agency, Connell filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantUNITED STATES SOUTHERN COMMAND
Documents
Docket
Complaint
Complaint attachment 1
Opinion/Order [25]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2018-08-011COMPLAINT against UNITED STATES SOUTHERN COMMAND (Filing fee $ 400, receipt number 4616093920) filed by JAMES G. CONNELL, III. (Attachment: # 1 Civil Cover Sheet) (tth) (Entered: 08/02/2018)
2018-08-01SUMMONS (4) Issued as to UNITED STATES SOUTHERN COMMAND, U.S. Attorney (2), and U.S. Attorney General. (tth) (Entered: 08/02/2018)
2018-08-022STANDING ORDER: The parties are hereby ORDERED to comply with the directives set forth in the Court's Standing Order. See document for details. Signed by Judge Randolph D. Moss on 8/2/2018. (lcrdm1, ) (Entered: 08/02/2018)
2018-09-053Consent MOTION for Extension of Time to File Answer re 1 Complaint by UNITED STATES SOUTHERN COMMAND (Haynes, Fred) (Entered: 09/05/2018)
2018-09-07MINUTE ORDER: Upon consideration of the Consent Motion for an Extension of Time 3 , it is hereby ORDERED that the motion is GRANTED. Defendant shall answer or otherwise respond to the complaint on or before September 12, 2018. Signed by Judge Randolph D. Moss on 9/7/2018. (lcrdm1, ) (Entered: 09/07/2018)
2018-09-07Set/Reset Deadlines: Defendant shall answer or otherwise respond to the complaint on or before 9/12/2018. (kt) (Entered: 09/07/2018)
2018-09-124ANSWER to 1 Complaint by UNITED STATES SOUTHERN COMMAND.(Haynes, Fred) (Entered: 09/12/2018)
2018-09-13MINUTE ORDER: It is hereby ORDERED that the parties shall appear for a status conference on October 2, 2018, at 10:15 a.m. in Courtroom 21. It is further ORDERED that the parties shall meet and confer prior to the status conference to discuss the status of the Department's search and scheduling for further proceedings. Signed by Judge Randolph D. Moss on 9/13/2018. (lcrdm1, ) (Entered: 09/13/2018)
2018-09-14Set/Reset Hearings: Status Conference set for 10/2/2018, at 10:15 AM, in Courtroom 21, before Judge Randolph D. Moss. (kt) (Entered: 09/14/2018)
2018-10-02Minute Entry for proceedings held before Judge Randolph D. Moss: Status Conference held on 10/2/2018. Defendant to provide responsive documents to Plaintiff by 10/25/2018. Oral motion by Plaintiff for leave of court to receive filings electronically; HEARD and GRANTED. The Clerk's office shall activate Plaintiff's existing ECF login credentials for use in this case. A further Status Conference is set for 10/31/2018, at 10:30 AM, in Courtroom 21, before Judge Randolph D. Moss. (Court Reporter: Jeff Hook.) (kt) (Entered: 10/02/2018)
2018-10-31Minute Entry for proceedings held before Judge Randolph D. Moss: Status Conference held on 10/31/2018. Joint Status Report due on or before 1/4/2019. (Court Reporter: Jeff Hook.) (kt) (Entered: 10/31/2018)
2019-01-045STATUS REPORT by JAMES G. CONNELL, III. (ztd) (Entered: 01/11/2019)
2019-05-146PROPOSED BRIEFING SCHEDULE (JOINT) by UNITED STATES SOUTHERN COMMAND. (Haynes, Fred) (Entered: 05/14/2019)
2019-06-05MINUTE ORDER: Upon consideration of the parties' joint proposed schedule, it is hereby ORDERED that the following schedule shall govern proceedings in this case: Defendant shall file its summary judgment motion on or before June 7, 2019; Plaintiff shall file its response to that motion and any cross-motion for summary judgment on or before July 8, 2019; Defendant shall file its reply on or before July 22, 2019; and Plaintiff shall file its reply, if any, on or before July 29, 2019. Signed by Judge Randolph D. Moss on 6/5/2019. (lcrdm1, ) (Entered: 06/05/2019)
2019-06-06Set/Reset Deadlines: Defendant shall file its summary judgment motion on or before 6/7/2019; Plaintiff shall file its response to that motion and any cross-motion for summary judgment on or before 7/8/2019; Defendant shall file its reply on or before 7/22/2019; and Plaintiff shall file its reply, if any, on or before 7/29/2019. (kt) (Entered: 06/06/2019)
2019-06-077Consent MOTION for Extension of Time to File Defendant's Motion for Summary Judgment by UNITED STATES SOUTHERN COMMAND (Haynes, Fred) (Entered: 06/07/2019)
2019-06-12MINUTE ORDER: Upon consideration of Defendant's motion for extension of time, Dkt. 7 , it is hereby ORDERED that the motion is GRANTED. Defendant shall file its motion for summary judgment on or before June 17, 2019. Signed by Judge Randolph D. Moss on 6/12/2019. (lcrdm1, ) (Entered: 06/12/2019)
2019-06-12Set/Reset Deadlines: Defendant's Summary Judgment Motion due by 6/17/2019. (dot) (Entered: 06/12/2019)
2019-06-178Consent MOTION for Extension of Time to File Defendant's Motion for Summary Judgment by UNITED STATES SOUTHERN COMMAND (Haynes, Fred) (Entered: 06/17/2019)
2019-06-20MINUTE ORDER: Upon consideration of the consent motion for extension, Dkt. 8 , it is hereby ORDERED that the motion is GRANTED. Defendant shall file its motion for summary judgment on or before July 29, 2019. Signed by Judge Randolph D. Moss on 6/20/2019. (lcrdm1, ) (Entered: 06/20/2019)
2019-06-20Set/Reset Deadlines: Defendant's Summary Judgment motion due by 7/29/2019. (kt) (Entered: 06/20/2019)
2019-06-279NOTICE OF SUBSTITUTION OF COUNSEL by John Cuong Truong on behalf of All Defendants Substituting for attorney Fred Haynes (Truong, John) (Entered: 06/27/2019)
2019-07-2910MOTION for Extension of Time to File Motion for Summary Judgment by UNITED STATES SOUTHERN COMMAND (Truong, John) (Entered: 07/29/2019)
2019-07-2911NOTICE of Plaintiff's Position and Filing of Exhibits by UNITED STATES SOUTHERN COMMAND re 10 MOTION for Extension of Time to File Motion for Summary Judgment (Truong, John) (Entered: 07/29/2019)
2019-08-05MINUTE ORDER: Upon consideration of Defendant's unopposed Motion for Extension of Time to file its Motion for Summary Judgment, Dkt. 10 , it is hereby ORDERED that the motion is granted. Defendant shall file its Motion for Summary Judgment on or before September 29, 2019. Signed by Judge Randolph D. Moss on 08/05/2019. (lcrdm1, ) (Entered: 08/05/2019)
2019-08-06Set/Reset Deadlines: Summary Judgment motion due by 9/29/2019. (kt) (Entered: 08/06/2019)
2019-09-2612Consent MOTION for Extension of Time to Motion for Summary Judgment by UNITED STATES SOUTHERN COMMAND (Truong, John) (Entered: 09/26/2019)
2019-09-26MINUTE ORDER: Upon consideration of Defendant's consent motion for an extension of time to file motion for summary judgment, Dkt. 12 , it is hereby ORDERED that the motion is GRANTED. It is further ORDERED that Defendant shall file its motion for summary judgment on or before October 11, 2019. Signed by Judge Randolph D. Moss on 9/26/19. (lcrdm1, ) (Entered: 09/26/2019)
2019-09-26Set/Reset Deadlines: Defendant's Summary Judgment motion due by 10/11/2019. (kt) (Entered: 09/26/2019)
2019-10-1013MOTION for Extension of Time to File Motion for Summary Judgment by UNITED STATES SOUTHERN COMMAND (Truong, John) Modified on 10/11/2019 (ztd). (Entered: 10/10/2019)
2019-10-10MINUTE ORDER: Upon consideration of Defendant's motion for an extension of time, Dkt. 13 , it is hereby ORDERED that the motion is GRANTED. It is further ORDERED that Defendant shall file its motion for summary judgment on or before October 16, 2019. Signed by Judge Randolph D. Moss on 10/10/19. (lcrdm1) (Entered: 10/10/2019)
2019-10-1614MOTION for Summary Judgment by UNITED STATES SOUTHERN COMMAND (Attachments: # 1 Memorandum in Support, # 2 Declaration of Michael Droz, # 3 Vaughn Index)(Truong, John) (Entered: 10/16/2019)
2019-10-1815FOX/NEAL ORDER: Plaintiff is hereby ORDERED to respond to Defendant's Motion for Summary Judgment, Dkt. 14 , on or before November 11, 2019. See document for details. Signed by Judge Randolph D. Moss on 10/18/19. (lcrdm1) (Entered: 10/18/2019)
2019-10-18MINUTE ORDER: In light of Defendant's recent filing of its motion for summary judgment, Dkt. 14 , and the multiple filing deadline extensions that the Court has granted Defendant since its original setting of the briefing schedule, Minute Order (Jun. 5, 2019), it is hereby ORDERED that the following schedule shall govern the remaining briefing in this matter: Plaintiff shall file his response to Defendant's motion for summary judgment and any cross-motion on or before November 11, 2019; Defendant shall file its reply on or before November 25, 2019; and Plaintiff shall file its reply, if any, on or before December 4, 2019. Signed by Judge Randolph D. Moss on 10/18/19. (lcrdm1) (Entered: 10/18/2019)
2019-10-21Set/Reset Deadlines: Response to Motion for Summary Judgment due by 11/11/2019. Reply to Motion for Summary Judgment due by 11/25/2019. Plaintiff's Reply due by 12/4/2019. (kt) (Entered: 10/21/2019)
2019-11-0716Consent MOTION for Leave to File Supplemental Declaration and Vaughn Index by UNITED STATES SOUTHERN COMMAND (Attachments: # 1 Supplemental Droz Declaration (Gov. Exh. A), # 2 Revised Vaughn Index (Gov. Exh. B))(Truong, John) (Entered: 11/07/2019)
2019-11-0717Consent MOTION to Modify Briefing Schedule by UNITED STATES SOUTHERN COMMAND (Truong, John) (Entered: 11/07/2019)
2019-11-1118RESPONSE re 14 MOTION for Summary Judgment filed by JAMES G. CONNELL, III. (Attachments: # 1 Memorandum in Support Memorandum of Points and Authorities, # 2 Text of Proposed Order Proposed Order, # 3 Affidavit Transcript of the Sworn Testimony of Lieutenant Douglas R. Newman, dated September 11, 2018, # 4 Affidavit Transcript of the Sworn Testimony of Lieutenant Douglas R. Newman, dated September 12, 2018, # 5 Affidavit Transcript of the Sworn Testimony of Mr. Williams S. Castle, dated November 13, 2018, # 6 Affidavit Declaration of Mr. William S. Castle;, # 7 Affidavit Declaration of Mr. Harvey Rishikof and Mr. Gary D. Brown, # 8 Affidavit Second Declaration of Mr. Harvey Rishikof and Mr. Gary D. Brown, # 9 Affidavit Declaration of Secretary James N. Mattis)(Connell, James) (Entered: 11/11/2019)
2019-11-1119Cross MOTION for Summary Judgment by JAMES G. CONNELL, III (ztd); (See docket entry no. 18 to view.) (Entered: 11/13/2019)
2019-11-12MINUTE ORDER: Upon consideration of Defendant's consent motion for leave to supplement the record and to modify the briefing schedule, Dkt. 16 & 17 , it is hereby ORDERED that the motions are GRANTED. It is ORDERED that Defendant's Supplemental Droz Declaration (Gov't Ex. A) and Revised Vaughn Index (Gov't Ex. B) are hereby considered FILED. It is further ORDERED that the briefing schedule is hereby MODIFIED as follows: Plaintiff's Opposition and/or Cross-Motion for summary judgment shall be filed on or before November 18, 2019; Defendant's Reply and Opposition to any Cross-Motion for summary judgment shall be filed on or before December 3, 2019; and Plaintiff's Reply shall be filed on or before December 12, 2019. Signed by Judge Randolph D. Moss on 11/12/19. (lcrdm1) (Entered: 11/12/2019)
2019-11-1220AFFIDAVIT of Michael Droz by UNITED STATES SOUTHERN COMMAND. (ztd) (Entered: 11/13/2019)
2019-11-13NOTICE OF ERROR re 18 Response to motion; emailed to jconnell@connell-law.com, cc'd 2 associated attorneys -- The PDF file you docketed contained errors: 1. Two-part docket entry, 2. Do Not Refile. FYI for future filings. Please remember to file all parts of your document. The Court has made the entry for this document. (ztd, ) (Entered: 11/13/2019)
2019-11-1321Revised Vaughn Index from Defendant United States Southern Command. (ztd) (Entered: 11/13/2019)
2019-12-0222MOTION for Extension of Time to Respond to Plaintiff's Cross-Motion for Summary Judgment and file Reply by UNITED STATES SOUTHERN COMMAND (Truong, John) (Entered: 12/02/2019)
2019-12-02MINUTE ORDER: Upon consideration of Defendant's motion for extension of time, Dkt. 22 , it is hereby ORDERED that the motion is GRANTED. It is further ORDERED that Defendant shall respond to Plaintiff's cross motion for summary judgment and file its reply on or before December 19, 2019. Signed by Judge Randolph D. Moss on 12/2/19. (lcrdm1) (Entered: 12/02/2019)
2019-12-1923Memorandum in opposition to re 19 MOTION for Summary Judgment filed by UNITED STATES SOUTHERN COMMAND. (Attachments: # 1 Declaration of Commander Delicia Gonzales Zimmerman)(Truong, John) (Entered: 12/19/2019)
2019-12-1924REPLY to opposition to motion re 14 MOTION for Summary Judgment (see ECF No. 23 for Cmdr. Zimmerman Declaration) filed by UNITED STATES SOUTHERN COMMAND. (Truong, John) (Entered: 12/19/2019)
2020-01-22MINUTE ORDER: The parties are hereby ORDERED to comply with the terms of the Court's revised standing order, which is available on the Court's website. Click for details. Signed by Judge Randolph D. Moss on 1/22/20. (lcrdm1) (Entered: 01/22/2020)
2020-10-2725MEMORANDUM OPINION AND ORDER: For the reasons stated in the accompanying memorandum opinion and order, Dkt. 25 , it is hereby ORDERED that Defendant's Motion for Summary Judgment, Dkt. 14 , is GRANTED in part and DENIED in part, and Plaintiff's cross-motion for summary judgment, Dkt. 19 , is DENIED. Signed by Judge Randolph D. Moss on 10/27/2020. (lcrdm1) (Entered: 10/27/2020)
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