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Case TitleJUDICIAL WATCH, INC. et al v. U.S. DEPARTMENT OF DEFENSE
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2019cv01384
Date Filed2019-05-14
Date ClosedOpen
JudgeJudge Dabney L. Friedrich
PlaintiffJUDICIAL WATCH, INC.
PlaintiffDAILY CALLER NEWS FOUNDATION
Case DescriptionJudicial Watch and the Daily Caller Foundation submitted FOIA requests to the Joint Chiefs of Staff and the Navy for records concerning then-Marine Corps Commandant Joseph Dunford's request to former Secretary of the Navy Ray Mabus and Defense Secretary Ash Carter that exceptions be made to the decision to allow women to serve in any Marine Corps occupational specialty. The agencies acknowledged receipt of the requests, but after hearing nothing further from either agency, Judicial Watch, and the Daily Caller Foundation 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

2019-05-141COMPLAINT against U.S. DEPARTMENT OF DEFENSE ( Filing fee $ 400 receipt number 0090-6121981) filed by JUDICIAL WATCH, INC.. (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)(Peterson, James) (Entered: 05/14/2019)
2019-05-142LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by JUDICIAL WATCH, INC. (Peterson, James) (Entered: 05/14/2019)
2019-05-143LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by THE DAILY CALLER NEWS FOUNDATION (Peterson, James) (Entered: 05/14/2019)
2019-05-16Case Assigned to Judge Dabney L. Friedrich. (zef, ) (Entered: 05/16/2019)
2019-05-164SUMMONS (3) Issued Electronically as to U.S. DEPARTMENT OF DEFENSE, U.S. Attorney and U.S. Attorney General. (Attachments: # 1 Notice and Consent)(zef, ) (Entered: 05/16/2019)
2019-06-245RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 5/28/2019. ( Answer due for ALL FEDERAL DEFENDANTS by 6/27/2019.), RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 5/28/2019., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF DEFENSE served on 5/24/2019 (Attachments: # 1 Declaration of Cristina Rotaru)(Peterson, James) (Entered: 06/24/2019)
2019-06-276NOTICE of Appearance by Christopher Charles Hair on behalf of U.S. DEPARTMENT OF DEFENSE (Hair, Christopher) (Entered: 06/27/2019)
2019-06-277ANSWER to Complaint by U.S. DEPARTMENT OF DEFENSE.(Hair, Christopher) (Entered: 06/27/2019)
2019-07-03MINUTE ORDER requiring the parties to MEET AND CONFER and file a joint status report proposing a schedule for further proceedings. The status report should address the status of the plaintiff's FOIA request, including the anticipated number of documents responsive to the request and the anticipated date(s) for release of the requested documents. The parties shall file the joint status report on or before July 24, 2019. Signed by Judge Dabney L. Friedrich on July 3, 2019. (lcdlf3) (Entered: 07/03/2019)
2019-07-03Set/Reset Deadlines: Joint Status Report due by 7/24/2019. (zcal) (Entered: 07/03/2019)
2019-07-248Joint STATUS REPORT by U.S. DEPARTMENT OF DEFENSE. (Hair, Christopher) (Entered: 07/24/2019)
2019-07-25MINUTE ORDER. Upon consideration of the parties' 8 Joint Status Report, it is ORDERED that the parties shall file another joint status report on or before August 30, 2019. Signed by Judge Dabney L. Friedrich on July 24, 2019. (lcdlf3) (Entered: 07/25/2019)
2019-07-25Set/Reset Deadlines: Joint Status Report due by 8/30/2019. (kh) (Entered: 07/25/2019)
2019-08-309Joint STATUS REPORT by U.S. DEPARTMENT OF DEFENSE. (Hair, Christopher) (Entered: 08/30/2019)
2019-09-03MINUTE ORDER. Upon consideration of the parties' 9 Joint Status Report, it is ORDERED that the parties shall file another joint status report on or before October 29, 2019. So Ordered by Judge Dabney L. Friedrich on September 3, 2019. (lcdlf3) (Entered: 09/03/2019)
2019-10-2910Joint STATUS REPORT by U.S. DEPARTMENT OF DEFENSE. (Hair, Christopher) (Entered: 10/29/2019)
2019-10-29MINUTE ORDER. Upon consideration of the parties' 10 Joint Status Report, it is ORDERED that the parties shall file another joint status report on or before December 30, 2019. So Ordered by Judge Dabney L. Friedrich on October 29, 2019. (lcdlf3) (Entered: 10/29/2019)
2019-12-3011PROPOSED BRIEFING SCHEDULE and Joint Status Report by U.S. DEPARTMENT OF DEFENSE. (Hair, Christopher) (Entered: 12/30/2019)
2020-01-02MINUTE ORDER. Upon consideration of the parties' 11 Proposed Briefing Schedule, it is ORDERED that the following schedule shall govern further proceedings: the defendant shall file its motion for summary judgment on or before February 14, 2020; the plaintiff shall file its opposition and cross-motion for summary judgment on or before March 6, 2020; the defendnat shall file its opposition and reply on or before March 27, 2020; and the plaintiff shall file its reply on or before April 10, 2020. So Ordered by Judge Dabney L. Friedrich on January 2, 2020. (lcdlf3) (Entered: 01/02/2020)
2020-01-02Set/Reset Deadlines: Summary Judgment motions due by 2/14/2020. Response to Motion for Summary Judgment and Cross Motions due by 3/6/2020. Reply to Motion for Summary Judgment and Response to Cross Motions due by 3/27/2020. Reply to Cross Motions due by 4/10/2020. (zjch) (Entered: 01/02/2020)
2020-02-1212Consent MOTION for Extension of Time to file motion for summary judgment by U.S. DEPARTMENT OF DEFENSE (Hair, Christopher) (Entered: 02/12/2020)
2020-02-1313NOTICE OF WITHDRAWAL OF MOTION by U.S. DEPARTMENT OF DEFENSE re 12 Consent MOTION for Extension of Time to file motion for summary judgment (Hair, Christopher) (Entered: 02/13/2020)
2020-02-1314Consent MOTION for Extension of Time to file motion for summary judgment by U.S. DEPARTMENT OF DEFENSE (Hair, Christopher) (Entered: 02/13/2020)
2020-02-13MINUTE ORDER granting the defendant's 14 Consent Motion for Extension of Time. Accordingly, the following schedule shall govern further proceedings: the defendant shall file its motion for summary judgment on or before March 9, 2020; the plaintiffs shall file their opposition and cross-motion for summary judgment on or before March 27, 2020; the defendant shall file its opposition and reply on or before April 17, 2020; and the plaintiffs shall file their reply on or before May 1, 2020. So Ordered by Judge Dabney L. Friedrich on February 13, 2020. (lcdlf3) (Entered: 02/13/2020)
2020-02-13Set/Reset Deadlines: Cross Motions due by 3/27/2020. Response to Cross Motions due by 4/17/2020. Reply to Cross Motions due by 5/1/2020. (zjch) (Entered: 02/14/2020)
2020-03-0915MOTION for Summary Judgment by U.S. DEPARTMENT OF DEFENSE (Attachments: # 1 Statement of Facts, # 2 Memorandum in Support, # 3 Text of Proposed Order, # 4 Declaration of Robert D. Hogue, # 5 Declaration of William D. Byrne, Jr., # 6 Vaughn Index)(Hair, Christopher) (Entered: 03/09/2020)
2020-03-2616Consent MOTION for Extension of Time to File Response/Reply and Reset Briefing Schedule by JUDICIAL WATCH, INC. (Attachments: # 1 Text of Proposed Order)(Peterson, James) (Entered: 03/26/2020)
2020-03-27MINUTE ORDER granting the plaintiff's 16 Consent Motion for Extension of Time. Accordingly, it is ORDERED that the following schedule shall govern further proceedings: the plaintiff shall file its opposition and cross-motion for summary judgment on or before April 27, 2020; the defendants shall file their opposition and reply on or before May 18, 2020; and the plaintiff shall file its reply on or before June 2, 2020. So Ordered by Judge Dabney L. Friedrich on March 27, 2020. (lcdlf3) (Entered: 03/27/2020)
2020-03-27Set/Reset Deadlines: Cross Motions due by 4/27/2020. Response to Cross Motions due by 5/18/2020. Reply to Cross Motions due by 6/2/2020. (zjch) (Entered: 03/30/2020)
2020-04-2717Memorandum in opposition to re 15 MOTION for Summary Judgment filed by DAILY CALLER NEWS FOUNDATION, JUDICIAL WATCH, INC.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Text of Proposed Order)(Peterson, James) (Entered: 04/27/2020)
2020-04-2718Cross MOTION for Summary Judgment by DAILY CALLER NEWS FOUNDATION, JUDICIAL WATCH, INC. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Text of Proposed Order)(Peterson, James) (Entered: 04/27/2020)
2020-05-1519Consent MOTION for Extension of Time to File Response/Reply as to 18 Cross MOTION for Summary Judgment , 15 MOTION for Summary Judgment by U.S. DEPARTMENT OF DEFENSE (Hair, Christopher) (Entered: 05/15/2020)
2020-05-15MINUTE ORDER granting the defendant's 19 Consent Motion for Extension of Time. Accordingly, the defendant shall file a reply in support of its 15 Motion for Summary Judgment and opposition to the plaintiffs' 18 Cross Motion for Summary Judgment on or before June 1, 2020; and the plaintiffs shall file a reply in support of their 18 Cross Motion for Summary Judgment on or before June 16, 2020. So Ordered by Judge Dabney L. Friedrich on May 15, 2020. (lcdlf3) (Entered: 05/15/2020)
2020-05-2920Consent MOTION for Extension of Time to File Response/Reply as to 18 Cross MOTION for Summary Judgment , 15 MOTION for Summary Judgment by U.S. DEPARTMENT OF DEFENSE (Hair, Christopher) (Entered: 05/29/2020)
2020-05-30MINUTE ORDER granting the defendant's 20 Consent Motion for Extension of Time. Accordingly, the defendant shall file a reply in support of its 15 Motion for Summary Judgment and opposition to the plaintiffs' 18 Cross Motion for Summary Judgment on or before June 15, 2020; and the plaintiffs shall file a reply in support of their 18 Cross Motion for Summary Judgment on or before June 30, 2020. The Court is not inclined to grant any further extensions of time. So Ordered by Judge Dabney L. Friedrich on May 30, 2020. (lcdlf3) (Entered: 05/30/2020)
2020-05-30Set/Reset Deadlines: Response to Cross Motions due by 6/15/2020. Reply to Cross Motions due by 6/30/2020. Reply to Motion for Summary Judgment due by 6/15/2020. (zjch) (Entered: 06/01/2020)
2020-06-1521Memorandum in opposition to re 18 Cross MOTION for Summary Judgment filed by U.S. DEPARTMENT OF DEFENSE. (Attachments: # 1 Declaration of Robert D. Hogue (signed version), # 2 Declaration of William D. Byrne Jr. (signed version), # 3 Declaration (Second) of Robert D. Hogue, # 4 Statement of Facts (in response to Plaintiffs' Statement))(Hair, Christopher) (Entered: 06/15/2020)
2020-06-1522REPLY to opposition to motion re 15 MOTION for Summary Judgment filed by U.S. DEPARTMENT OF DEFENSE. (Hair, Christopher) (Entered: 06/15/2020)
2020-06-3023REPLY to opposition to motion re 15 MOTION for Summary Judgment filed by DAILY CALLER NEWS FOUNDATION, JUDICIAL WATCH, INC.. (Peterson, James) (Entered: 06/30/2020)
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