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Case TitleCARLBORG v. DEPARTMENT OF THE NAVY
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2018cv01881
Date Filed2018-08-10
Date Closed2020-08-10
JudgeJudge Dabney L. Friedrich
PlaintiffROBERT S. CARLBORG
Case DescriptionRobert Carlborg submitted FOIA requests to the Marine Corps for records about himself. The agency acknowledged receipt of the requesst. The agency disclosed 244 pages with redactions under Exemption 5 (privileges), Exemption 6 (invasion of privacy) and Exemption 7(C) (invasion of privacy concerning law enforcement records). Carlborg filed an administrative appeal of the agency's decision. The agency denied the appeal as to the exemption claims but told the Marine Corps to provide missing email attachments. The agency disclosed an additional 187 pages of email attachments. Carlborg filed another administrative appeal again challenging the exemption claims. This time the agency removed some of the redactions. Carlborg received some more records and filed more appeals. Dissatisfied, he finally filed suit.
Complaint issues: Adequacy - Search, Litigation - Vaughn index, Litigation - Attorney's fees

DefendantDEPARTMENT OF THE NAVY
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Opinion/Order [34]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2018-08-101ENTERED IN ERROR.....COMPLAINT against ROBERT S. CARLBORG ( Filing fee $ 400 receipt number 0090-5633497) filed by ROBERT S. CARLBORG. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons, # 4 Summons)(Gittins, Charles) Modified on 8/14/2018 (zsth). (Entered: 08/10/2018)
2018-08-10Case Assigned to Judge Dabney L. Friedrich. (zsth) (Entered: 08/14/2018)
2018-08-132COMPLAINT against ROBERT S. CARLBORG (Fee Status:Filing Fee Waived) filed by ROBERT S. CARLBORG. (Attachments: # 1 Civil Cover Sheet)(Gittins, Charles) (Entered: 08/13/2018)
2018-08-13NOTICE OF CORRECTED DOCKET ENTRY: Docket Entry 1 Complaint was entered in error and was refiled as Docket Entry 2 Complaint. (znmw) (Entered: 08/30/2018)
2018-08-153COMPLAINT against ROBERT S. CARLBORG (Fee Status:Filing Fee Waived) filed by ROBERT S. CARLBORG with corrected summons. (Attachments: # 1 Summons, # 2 Summons, # 3 Summons)(Gittins, Charles) Modified on 8/15/2018 (zsth). (Entered: 08/15/2018)
2018-08-154SUMMONS (2) Issued Electronically as to U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(zsth) (Entered: 08/15/2018)
2018-08-245COMPLAINT against ROBERT S. CARLBORG (Fee Status:Filing Fee Waived) filed by ROBERT S. CARLBORG. (Attachments: # 1 Summons)(Gittins, Charles) (Entered: 08/24/2018)
2018-08-246SUMMONS (1) Issued Electronically as to DEPARTMENT OF THE NAVY. (sth) (Entered: 08/24/2018)
2018-10-187Consent MOTION for Extension of Time to File Response/Reply by DEPARTMENT OF THE NAVY (Attachments: # 1 Text of Proposed Order)(Peterson, Benton) (Entered: 10/18/2018)
2018-10-19MINUTE ORDER granting the defendant's 7 Consent Motion for Extension of Time. Accordingly, it is ORDERED that the defendant shall answer or otherwise respond to the plaintiff's complaint on or before November 5, 2018. Signed by Judge Dabney L. Friedrich on October 19, 2018. (lcdlf1) (Entered: 10/19/2018)
2018-11-058ANSWER to Complaint by DEPARTMENT OF THE NAVY.(Peterson, Benton) (Entered: 11/05/2018)
2018-11-07MINUTE ORDER requiring the parties to MEET AND CONFER and file a joint status report proposing a schedule for further proceedings. The parties shall file the joint status report on or before November 26, 2018. Signed by Judge Dabney L. Friedrich on November 7, 2018. (lcdlf1) (Entered: 11/07/2018)
2018-11-269Joint STATUS REPORT and Proposed Schedule by ROBERT S. CARLBORG. (Gittins, Charles) (Entered: 11/26/2018)
2018-11-27MINUTE ORDER adopting the proposal in the parties' 9 Joint Status Report and Proposed Schedule. Accordingly, it is ORDERED that the parties shall file another joint status report on or before January 25, 2019. Signed by Judge Dabney L. Friedrich on November 27, 2018. (lcdlf1) (Entered: 11/27/2018)
2019-01-2210Consent MOTION to Stay , MOTION for Extension of Time to in Light of Lapse of Appropriations by DEPARTMENT OF THE NAVY (Attachments: # 1 Text of Proposed Order)(Hudak, Brian) (Entered: 01/22/2019)
2019-02-1111Joint STATUS REPORT by ROBERT S. CARLBORG. (Gittins, Charles) (Entered: 02/11/2019)
2019-02-11MINUTE ORDER adopting the proposal in the parties' 11 Joint Status Report and Proposed Schedule. Accordingly, it is ORDERED that the parties shall file another joint status report on or before March 11, 2019. Signed by Judge Dabney L. Friedrich on February 11, 2019. (lcdlf1) (Entered: 02/11/2019)
2019-03-0112NOTICE OF SUBSTITUTION OF COUNSEL by Derek S. Hammond on behalf of All Defendants Substituting for attorney Benton G. Peterson (Hammond, Derek) (Entered: 03/01/2019)
2019-03-1113Joint STATUS REPORT by DEPARTMENT OF THE NAVY. (Hammond, Derek) (Entered: 03/11/2019)
2019-03-11MINUTE ORDER adopting the proposal in the parties' 13 Joint Status Report. Accordingly, it is ORDERED that the parties shall file another joint status report on or before May 13, 2019. Signed by Judge Dabney L. Friedrich on March 11, 2019. (lcdlf1) (Entered: 03/11/2019)
2019-05-1314Joint STATUS REPORT by DEPARTMENT OF THE NAVY. (Attachments: # 1 Text of Proposed Order)(Hammond, Derek) (Entered: 05/13/2019)
2019-05-14MINUTE ORDER adopting the proposal in the parties' 14 Joint Status Report. Accordingly, it is ORDERED that the parties shall file another joint status report on or before June 11, 2019. Signed by Judge Dabney L. Friedrich on May 14, 2019. (lcdlf1) (Entered: 05/14/2019)
2019-06-1115Joint STATUS REPORT by DEPARTMENT OF THE NAVY. (Attachments: # 1 Text of Proposed Order)(Hammond, Derek) (Entered: 06/11/2019)
2019-06-13MINUTE ORDER adopting the proposal in the parties' 15 Joint Status Report. Accordingly, it is ORDERED that the parties shall file another joint status report on or before July 11, 2019. Signed by Judge Dabney L. Friedrich on June 13, 2019. (lcdlf1) (Entered: 06/13/2019)
2019-06-13MINUTE ORDER denying as moot 10 Motion to Stay and Motion for Extension of Time. So Ordered by Judge Dabney L. Friedrich on 6/13/2019. (zcal) Modified on 6/18/2019 (zcal). (Entered: 06/13/2019)
2019-07-1116Joint STATUS REPORT by DEPARTMENT OF THE NAVY. (Attachments: # 1 Text of Proposed Order)(Hammond, Derek) (Entered: 07/11/2019)
2019-07-12MINUTE ORDER. Upon consideration of the parties' 16 Joint Status Report, it is ORDERED that the parties shall file another joint status report on or before August 12, 2019. Signed by Judge Dabney L. Friedrich on July 12, 2019. (lcdlf1) (Entered: 07/12/2019)
2019-07-12Set/Reset Deadlines: Joint Status Report due by 8/12/2019. (kh) (Entered: 07/12/2019)
2019-08-1217Joint STATUS REPORT by DEPARTMENT OF THE NAVY. (Hammond, Derek) (Entered: 08/12/2019)
2019-08-13MINUTE ORDER. Upon consideration of the parties' 17 Joint Status Report, it is ORDERED that the parties shall file another joint status report on or before September 12, 2019. So Ordered by Judge Dabney L. Friedrich on August 13, 2019. (lcdlf1) (Entered: 08/13/2019)
2019-08-13Set/Reset Deadlines: Joint Status Report due by 9/12/2019. (zcal) (Entered: 08/13/2019)
2019-09-1218Joint STATUS REPORT by DEPARTMENT OF THE NAVY. (Hammond, Derek) (Entered: 09/12/2019)
2019-09-13MINUTE ORDER. Upon consideration of the parties' 18 Joint Status Report, it is ORDERED that the parties shall file another joint status report on or before October 14, 2019. So Ordered by Judge Dabney L. Friedrich on September 13, 2019. (lcdlf1) (Entered: 09/13/2019)
2019-10-1519Joint STATUS REPORT by DEPARTMENT OF THE NAVY. (Attachments: # 1 Text of Proposed Order)(Hammond, Derek) (Entered: 10/15/2019)
2019-10-15MINUTE ORDER. Upon consideration of the parties' 19 Joint Status Report, it is ORDERED that the parties shall file another joint status report on or before November 14, 2019. So Ordered by Judge Dabney L. Friedrich on October 15, 2019. (lcdlf1) (Entered: 10/15/2019)
2019-11-1020Joint STATUS REPORT by DEPARTMENT OF THE NAVY. (Attachments: # 1 Text of Proposed Order)(Hammond, Derek) (Entered: 11/10/2019)
2019-11-1221NOTICE of Appearance by Damon William Taaffe on behalf of DEPARTMENT OF THE NAVY (Taaffe, Damon) (Entered: 11/12/2019)
2019-11-12MINUTE ORDER. Upon consideration of the parties' 20 Joint Status Report, it is ORDERED that the parties shall file another joint status report on or before December 16, 2019. So Ordered by Judge Dabney L. Friedrich on November 12, 2019. (lcdlf1) (Entered: 11/12/2019)
2019-11-12Set/Reset Deadlines: Joint Status Report due by 12/16/2019. (zcal) (Entered: 11/12/2019)
2019-12-1222Joint STATUS REPORT and Request for Briefing Schedule by DEPARTMENT OF THE NAVY. (Taaffe, Damon) (Entered: 12/12/2019)
2019-12-13MINUTE ORDER. Upon consideration of the parties' 22 Joint Status Report, the following schedule shall govern further proceedings: the plaintiff shall file any motion to compel or dispositive motion on or before January 13, 2020; the defendant shall file a response and any cross-motion on or before February 12, 2020; the plaintiff shall file a reply and a response to the defendant's cross-motion on or before March 4, 2020; the defendant shall file a reply on or before March 18, 2020. So Ordered by Judge Dabney L. Friedrich on December 13, 2019. (lcdlf1) (Entered: 12/13/2019)
2019-12-13Set/Reset Deadlines: Plaintiff's Motion to Compel or Dispositive Motion due by 1/13/2020. Defendant's Response and Cross-Motion due by 2/12/2020. Plaintiff's Reply and Response due by 3/4/2020. Defendant's Reply due by 3/18/2020. (zjd) (Entered: 12/13/2019)
2020-01-1323MOTION for Partial Summary Judgment by ROBERT S. CARLBORG (Attachments: # 1 Memorandum in Support, # 2 Exhibit, # 3 Statement of Facts, # 4 Text of Proposed Order)(Gittins, Charles) (Entered: 01/13/2020)
2020-02-1024Consent MOTION for Extension of Time to File Cross-Motion and Response by DEPARTMENT OF THE NAVY (Attachments: # 1 Text of Proposed Order)(Hammond, Derek) (Entered: 02/10/2020)
2020-02-10MINUTE ORDER granting the defendant's 24 Consent Motion for Enlargement of Time. The defendant shall file an opposition to the plaintiff's 23 Motion for Partial Summary Judgment and any cross-motion for summary judgment on or before March 13, 2020; the plaintiff shall file a reply in support of its motion for summary judgment and opposition to any cross-motion for summary judgment on or before April 3, 2020; the defendant shall file a reply in support of any cross-motion for summary judgment on or before April 17, 2020. So Ordered by Judge Dabney L. Friedrich on February 10, 2020. (lcdlf1) (Entered: 02/10/2020)
2020-02-10Set/Reset Deadlines: Response to Motion for Summary Judgment due by 3/13/2020. Cross Motions due by 3/13/2020. Reply to Motion for Summary Judgment due by 4/3/2020. Response to Cross Motions due by 4/3/2020. Reply to Cross Motions due by 4/17/2020. (zjch) (Entered: 02/10/2020)
2020-03-1225Consent MOTION for Extension of Time to File Response/Reply by DEPARTMENT OF THE NAVY (Attachments: # 1 Text of Proposed Order)(Hammond, Derek) (Entered: 03/12/2020)
2020-03-12MINUTE ORDER granting the defendant's 25 Consent Motion for Enlargement of Time. The defendant shall file an opposition to the plaintiff's 23 Motion for Partial Summary Judgment and any cross-motion for summary judgment on or before April 10, 2020; the plaintiff shall file a reply in support of its motion for summary judgment and an opposition to any cross-motion for summary judgment on or before May 1, 2020; the defendant shall file a reply in support of any cross-motion for summary judgment on or before May 15, 2020. So Ordered by Judge Dabney L. Friedrich on March 12, 2020. (lcdlf1) (Entered: 03/12/2020)
2020-03-12Set/Reset Deadlines: Cross Motions due by 4/10/2020. Response to Cross Motions due by 5/1/2020. Reply to Cross Motions due by 5/15/2020. (zjch) (Entered: 03/12/2020)
2020-04-1026Consent MOTION for Extension of Time to File Response/Reply by DEPARTMENT OF THE NAVY (Attachments: # 1 Text of Proposed Order)(Hammond, Derek) (Entered: 04/10/2020)
2020-04-20MINUTE ORDER granting the defendant's 26 Consent Motion for Enlargement of Time. The defendant shall file its cross-motion for summary judgment and response to the plaintiff's motion for summary judgment on or before May 8, 2020; the plaintiff shall file its reply and response to the defendant's cross-motion on or before May 29, 2020; and the defendant shall file its reply on or before June 12, 2020. So Ordered by Judge Dabney L. Friedrich on April 20, 2020. (lcdlf1) (Entered: 04/20/2020)
2020-04-20Set/Reset Deadlines: Cross Motions due by 5/8/2020. Response to Cross Motions due by 5/29/2020. Reply to Cross Motions due by 6/12/2020. Response to Motion for Summary Judgment due by 5/8/2020. Reply to Motion for Summary Judgment due by 5/29/2020. (zjch) (Entered: 04/20/2020)
2020-05-0827Consent MOTION for Extension of Time to File Response/Reply by DEPARTMENT OF THE NAVY (Attachments: # 1 Text of Proposed Order)(Hammond, Derek) (Entered: 05/08/2020)
2020-05-15MINUTE ORDER granting the 27 Defendant's Consent Motion for Enlargement of Time. The defendant shall file its cross-motion for summary judgment on or before May 15, 2020; the plaintiff shall file its reply and response to the defendant's cross-motion on or before June 5, 2020; the defendant shall file its reply on or before June 19, 2020. So Ordered by Judge Dabney L. Friedrich on May 15, 2020. (lcdlf1) (Entered: 05/15/2020)
2020-05-1528Cross MOTION for Summary Judgment by DEPARTMENT OF THE NAVY (Attachments: # 1 Text of Proposed Order, # 2 Memorandum in Support, # 3 Statement of Facts, # 4 Declaration of Sally Hughes, # 5 Declaration of LtCol. Winston McMillan, # 6 Declaration of LCDR Jonathan Dowling)(Hammond, Derek) Modified docket text on 5/18/2020 (eg). (Entered: 05/15/2020)
2020-05-1529Memorandum in Opposition re 23 MOTION for Partial Summary Judgment filed by DEPARTMENT OF THE NAVY. (Attachments: # 1 Statement of Facts, # 2 Declaration of Sally Hughes, # 3 Declaration of LtCol. Winston McMillan, # 4 Declaration of LCDR Jonathan Dowling, # 5 Text of Proposed Order)(Hammond, Derek) Modified docket event/text on 5/18/2020 (eg). (Entered: 05/15/2020)
2020-05-15Set/Reset Deadlines: Cross Motions due by 5/15/2020. Response to Cross Motions due by 6/5/2020. Reply to Cross Motions due by 6/19/2020. (zjch) (Entered: 05/18/2020)
2020-06-0430Consent MOTION for Extension of Time to File Plaintiff's Reply by ROBERT S. CARLBORG (Gittins, Charles) (Entered: 06/04/2020)
2020-06-04MINUTE ORDER granting the plaintiff's 30 Consent Motion for Enlargement of Time to file the plaintiff's reply brief. The plaintiff shall file a reply on or before June 22, 2020. So Ordered by Judge Dabney L. Friedrich on June 4, 2020. (lcdlf1) (Entered: 06/04/2020)
2020-06-04Set/Reset Deadlines: Reply due by 6/22/2020. (zjd) (Entered: 06/05/2020)
2020-06-2231REPLY to opposition to motion re 28 MOTION for Summary Judgment , 23 MOTION for Partial Summary Judgment filed by ROBERT S. CARLBORG. (Gittins, Charles) (Entered: 06/22/2020)
2020-06-2932REPLY to opposition to motion re 28 MOTION for Summary Judgment filed by DEPARTMENT OF THE NAVY. (Hammond, Derek) (Entered: 06/29/2020)
2020-08-1033ORDER denying the plaintiff's 23 Motion for Partial Summary Judgment and granting the defendant's 28 Cross-Motion for Summary Judgment. See text for details. The Clerk of Court is directed to close this case. Signed by Judge Dabney L. Friedrich on August 10, 2020. (lcdlf1) (Entered: 08/10/2020)
2020-08-1034MEMORANDUM OPINION regarding the defendant's 28 Cross-Motion for Summary Judgment and denying the plaintiff's 23 Motion for Partial Summary Judgment. See text for details. Signed by Judge Dabney L. Friedrich on August 10, 2020. (lcdlf1) (Entered: 08/10/2020)
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