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Case TitleLOVINGER v. U.S. DEPARTMENT OF DEFENSE
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2018cv01914
Date Filed2018-08-15
Date ClosedOpen
JudgeJudge Randolph D. Moss
PlaintiffADAM S. LOVINGER
Case DescriptionAdam Lovinger, who served as a senior director at the National Security Council from January to May 2017 and formerly a DOD employee, submitted a FOIA/PA request to the Department of Defense's Consolidated Adjudications Facility pertaining to a whistleblower complaint he had filed. He asked for emails containing his name sent by three named individuals. The agency told Lovinger that it had found 75 responsive pages but was withholding them entirely under a variety of FOIA and Privacy Act exemptions. The individual making that determination was the individual Lovinger had accused in his whistleblower complaint. Lovinger filed an administrative appeal, but after hearing nothing further from the agency, Lovinger filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Vaughn index, Litigation - Attorney's fees

DefendantU.S. DEPARTMENT OF DEFENSE
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2018-08-151COMPLAINT against U.S. DEPARTMENT OF DEFENSE ( Filing fee $ 400 receipt number 0090-5641167) filed by ADAM S LOVINGER. (Attachments: # 1 Civil Cover Sheet, # 2 Summons U.S. Attorney for the District of Columbia, # 3 Summons U.S. Attorney General, # 4 Summons U.S. Department of Defense)(Orfanedes, Paul) (Entered: 08/15/2018)
2018-08-15Case Assigned to Judge Randolph D. Moss. (zmd) (Entered: 08/16/2018)
2018-08-162NOTICE of Appearance by Michael Bekesha on behalf of ADAM S. LOVINGER (Bekesha, Michael) (Entered: 08/16/2018)
2018-08-213SUMMONS (3) Issued Electronically as to U.S. DEPARTMENT OF DEFENSE, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent) (zmd) (Entered: 08/21/2018)
2018-08-214STANDING ORDER: The parties are hereby ORDERED to comply with the directives set forth in the attached Standing Order. See document for details. Signed by Judge Randolph D. Moss on 8/21/2018. (lcrdm2, ) (Entered: 08/21/2018)
2018-08-285RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 8/27/2018. ( Answer due for ALL FEDERAL DEFENDANTS by 9/26/2018.), RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 8/27/2018., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF DEFENSE served on 8/27/2018 (Attachments: # 1 Declaration of Cristina Rotaru)(Bekesha, Michael) (Entered: 08/28/2018)
2018-09-266NOTICE of Appearance by Marsha Wellknown Yee on behalf of U.S. DEPARTMENT OF DEFENSE (Yee, Marsha) (Entered: 09/26/2018)
2018-09-267ANSWER to Complaint by U.S. DEPARTMENT OF DEFENSE.(Yee, Marsha) (Entered: 09/26/2018)
2018-09-26MINUTE ORDER: The parties are hereby ORDERED to appear for an Initial Scheduling Conference on October 10, 2018, at 11:15 a.m. in Courtroom 21. It is further ORDERED that the parties shall confer in advance of the Initial Scheduling Conference on (1) whether any records can be released, and (2) the proper next steps in this litigation. Signed by Judge Randolph D. Moss on 9/26/2018. (lcrdm2, ) (Entered: 09/26/2018)
2018-09-27Set/Reset Hearings: Initial Scheduling Conference set for 10/10/2018, at 11:15 AM, in Courtroom 21, before Judge Randolph D. Moss. (kt) (Entered: 09/27/2018)
2018-10-10Minute Entry for proceedings held before Judge Randolph D. Moss: Initial Scheduling Conference held on 10/10/2018. On or before 11/9/2018, Defendant shall provide a draft search declaration and a draft Vaughn Index, as well as complete the process of re-reviewing the 75 pages of documents and release any responsive, non-exempt documents. Joint Status Report due by 11/30/2018. (Court Reporter: Jeff Hook.) (kt) (Entered: 10/10/2018)
2018-11-308Joint STATUS REPORT by U.S. DEPARTMENT OF DEFENSE. (Yee, Marsha) (Entered: 11/30/2018)
2018-11-30MINUTE ORDER: In light of the parties' joint status report, Dkt. 8 , it is hereby ORDERED that the parties shall file a further joint status report on or before December 19, 2018. Signed by Judge Randolph D. Moss on 11/30/2018. (lcrdm2, ) (Entered: 11/30/2018)
2018-12-03Set/Reset Deadlines: Joint Status Report due by 12/19/2018. (kt) (Entered: 12/03/2018)
2018-12-199Joint STATUS REPORT by ADAM S. LOVINGER. (Bekesha, Michael) (Entered: 12/19/2018)
2018-12-21MINUTE ORDER: In light of the parties' joint status report, Dkt. 9, it is hereby ORDERED that the parties shall file a further joint status report on or before February 5, 2019, indicating whether any further issues remain in this matter. Signed by Judge Randolph D. Moss on 12/21/2018. (lcrdm2, ) (Entered: 12/21/2018)
2018-12-26Set/Reset Deadlines: Joint Status Report due by 2/5/2019. (kt) (Entered: 12/26/2018)
2019-02-0510Joint STATUS REPORT by U.S. DEPARTMENT OF DEFENSE. (Yee, Marsha) (Entered: 02/05/2019)
2019-02-06MINUTE ORDER: In light of the parties' joint status report, Dkt. 10, it is hereby ORDERED that the parties shall file a further joint status report on or before March 21, 2019. Signed by Judge Randolph D. Moss on 2/6/2019. (lcrdm2, ) (Entered: 02/06/2019)
2019-02-06Set/Reset Deadlines: Joint Status Report due by 3/21/2019. (kt) (Entered: 02/06/2019)
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by FOIA Project Staff
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