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Case TitleCADDELL CONSTRUCTION CO. (DE), LLC v. DEPARTMENT OF THE NAVY
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2019cv02967
Date Filed2019-10-02
Date ClosedOpen
JudgeJudge Colleen Kollar-Kotelly
PlaintiffCADDELL CONSTRUCTION CO. (DE), LLC
Case DescriptionCaddell Construction submitted a FOIA request to the Department of the Navy for records concerning the modification of a contract the Navy had awarded to Caddell Construction. The agency acknowledged receipt of the request but denied the request entirely under Exemption 5 (privileges). Caddell Construction filed an administrative appeal of the denial. In response to Caddell Construction's appeal, the agency disclosed seven documents. It subsequently released three more heavily redacted documents. Caddell Construction appealed that decision but after hearing nothing further from the agency, Caddell Construction filed suit.
Complaint issues: Failure to respond within statutory time limit, 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
Complaint attachment 5
Complaint attachment 6
Complaint attachment 7
Complaint attachment 8
Complaint attachment 9
Complaint attachment 10
Complaint attachment 11
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2019-10-021COMPLAINT against DEPARTMENT OF THE NAVY ( Filing fee $ 400 receipt number 0090-6413365) filed by CADDELL CONSTRUCTION CO. (DE), LLC. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit)(Krulick, Brian) (Entered: 10/02/2019)
2019-10-07Case Assigned to Judge Colleen Kollar-Kotelly. (Johnson, Reginald) (Entered: 10/07/2019)
2019-10-072SUMMONS (3) Issued Electronically as to DEPARTMENT OF THE NAVY, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(Johnson, Reginald) (Entered: 10/07/2019)
2019-10-073ORDER ESTABLISHING PROCEDURES FOR CASES ASSIGNED TO JUDGE COLLEEN KOLLAR-KOTELLY. Signed by Judge Colleen Kollar-Kotelly on 10/7/19. (DM) Modified on 10/8/2019 to correct spelling typo (kt). (Entered: 10/07/2019)
2019-10-144NOTICE of Appearance by Sarah Carpenter on behalf of CADDELL CONSTRUCTION CO. (DE), LLC (Carpenter, Sarah) (Entered: 10/14/2019)
2019-10-215MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Jonathan Mayo, :Firm- Smith Currie & Hancock, LLP, :Address- 2700 Marquis One Tower, 245 Peachtree Center Avenue NE Atlanta GA 30303. Phone No. - 404-582-8129. Fax No. - 404-688-0671 Filing fee $ 100, receipt number ADCDC-6465046. Fee Status: Fee Paid. by CADDELL CONSTRUCTION CO. (DE), LLC (Attachments: # 1 Affidavit Mayo Affidavit, # 2 Text of Proposed Order Proposed Order Granting Motion Pro Hac Vice)(Carpenter, Sarah) (Entered: 10/21/2019)
2019-10-21MINUTE ORDER granting 5 Motion for Admission of Attorney Pro Hac Vice with respect to Jonathan R. Mayo, in order for him to appear as counsel for Plaintiff, CONTINGENT on said attorney filing a declaration certifying familiarity with this Court's Local Rules by no later than NOVEMBER 4, 2019. Counsel shall promptly register for this Court's CM/ECF system. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a).For instructions visit: https://www.dcd.uscourts.gov/sites/dcd/files/NextGEN_Tutorial_for_Registering_for_E-filing.pdf . Signed by Judge Colleen Kollar-Kotelly on 10-21-2019. (lcckk3) (Entered: 10/21/2019)
2019-10-296RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. DEPARTMENT OF THE NAVY served on 10/22/2019 (Krulick, Brian) (Main Document 6 replaced on 10/29/2019) (ztd). (Entered: 10/29/2019)
2019-10-297RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 10/15/19. (Krulick, Brian) (Main Document 7 replaced on 10/29/2019) (ztd). (Entered: 10/29/2019)
2019-10-298RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 10/15/2019. Answer due for ALL FEDERAL DEFENDANTS by 11/14/2019. (Krulick, Brian) (Main Document 8 replaced on 10/29/2019) (ztd). (Entered: 10/29/2019)
2019-10-309NOTICE OF WITHDRAWAL OF APPEARANCE as to CADDELL CONSTRUCTION CO. (DE), LLC. Attorney Brian N. Krulick terminated. (Krulick, Brian) (Entered: 10/30/2019)
2019-11-0110NOTICE of Appearance by Jonathan Mayo on behalf of CADDELL CONSTRUCTION CO. (DE), LLC (Mayo, Jonathan) (Entered: 11/01/2019)
2019-11-0111AFFIDAVIT of Jonathan Mayo certifying familiarity with local rules by CADDELL CONSTRUCTION CO. (DE), LLC. (Mayo, Jonathan) (Entered: 11/01/2019)
2019-11-1412ANSWER to Complaint by DEPARTMENT OF THE NAVY.(Field, Brian) (Entered: 11/14/2019)
2019-11-1413ORDER requiring meet and confer and joint status report. Signed by Judge Colleen Kollar-Kotelly on 11-14-2019. (lcckk3) (Entered: 11/14/2019)
2019-11-14Set/Reset Deadlines: Joint Meet & Confer Statement due by 1/6/2020. (dot) (Entered: 11/15/2019)
2020-01-0614Joint STATUS REPORT by DEPARTMENT OF THE NAVY. (Field, Brian) (Entered: 01/06/2020)
2020-01-06Minute Order. The Court is in receipt of the parties' 14 Joint Status Report. In the Report, Defendants indicate that they have conducted a search and produced 27 documents responsive to Plaintiff's FOIA request. During the meet and confer, Plaintiff indicated that it had concerns about the adequacy of Defendant's search. Plaintiff has provided Defendant with example documents that it believes to exist and be responsive to its request. Defendant has agreed to review the documents and confer regarding the need for any additional search. The Court ORDERS the parties to file a further Joint Status Report by FEBRUARY 6, 2020, updating the Court on the status of Defendant's response to Plaintiff's FOIA request and the adequacy of the search. Signed by Judge Colleen Kollar-Kotelly on 1-6-2020. (lcckk3) (Entered: 01/06/2020)
2020-01-06Set/Reset Deadlines: Joint Status Report due by 2/6/2020, updating the Court on the status of Defendant's response to Plaintiff's FOIA request and the adequacy of the search. (dot) (Entered: 01/07/2020)
2020-02-0615Joint STATUS REPORT by DEPARTMENT OF THE NAVY. (Field, Brian) (Entered: 02/06/2020)
2020-02-0616Joint STATUS REPORT (Corrected) by DEPARTMENT OF THE NAVY. (Field, Brian) (Entered: 02/06/2020)
2020-02-06Minute Order. The Court is in receipt of the parties' 16 Joint Status Report. In the Report, the parties indicate that they continue to have disputes about the adequacy of Defendant's search performed in response to Plaintiff's FOIA request. The parties continue to confer about Defendant's search process and whether or not any other issues remain for litigation. The Court ORDERS the parties to file another Joint Status Report by no later than MARCH 6, 2020. The parties should continue to file Joint Status Reports every 30 days thereafter. The parties may file Joint Status Reports in between these deadlines if issues require the Court's attention. Signed by Judge Colleen Kollar-Kotelly on 2-6-2020. (lcckk3) (Entered: 02/06/2020)
2020-02-06Set/Reset Deadlines: Joint Status Report due by 3/6/2020. (dot) (Entered: 02/07/2020)
2020-03-0617Joint STATUS REPORT by DEPARTMENT OF THE NAVY. (Field, Brian) (Entered: 03/06/2020)
2020-04-0618Joint STATUS REPORT by DEPARTMENT OF THE NAVY. (Field, Brian) (Entered: 04/06/2020)
2020-05-0619Joint STATUS REPORT by CADDELL CONSTRUCTION CO. (DE), LLC. (Carpenter, Sarah) (Entered: 05/06/2020)
2020-06-0820Joint STATUS REPORT by DEPARTMENT OF THE NAVY. (Field, Brian) (Entered: 06/08/2020)
2020-07-0621Joint STATUS REPORT by CADDELL CONSTRUCTION CO. (DE), LLC. (Carpenter, Sarah) (Entered: 07/06/2020)
2020-08-0622Joint STATUS REPORT by CADDELL CONSTRUCTION CO. (DE), LLC. (Carpenter, Sarah) (Entered: 08/06/2020)
2020-09-0123STIPULATION of Dismissal by CADDELL CONSTRUCTION CO. (DE), LLC. (Carpenter, Sarah) (Entered: 09/01/2020)
2020-09-0124ORDER of dismissal. Signed by Judge Colleen Kollar-Kotelly on 9/1/2020. (lcckk3) (Entered: 09/01/2020)
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by FOIA Project Staff
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