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Case TitleCOLEMAN, JR. v. DEPARTMENT OF THE NAVY
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2019cv03191
Date Filed2019-10-24
Date Closed2020-09-16
JudgeJudge Amy Berman Jackson
PlaintiffJAMES E. COLEMAN, JR. on behalf of Ruben Wright
Case DescriptionJames Coleman, co-director of the Wrongful Conviction Clinic at Duke University Law School, submitted a FOIA request to the Department of the Navy for records pertaining to the murder conviction of Rueben Wright, a Marine who Coleman was representing on appeal. Coleman specifically requested video footage from the Onslow County Sheriff's Office during Wright's incarceration there. Coleman had a video from OCSO but argued that portions were missing and that Naval Criminal Intelligence Service, which had investigated the murder, had other records relevant to the case. NCIS told Coleman that any gaps in the video footage occurred because the video was motion activated and was not on when no one was around. Coleman filed an administrative appeal and the agency remanded the request for further processing. However, after still being unsatisfied with the agency's response, Coleman filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, 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
Opinion/Order [31]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2019-10-241COMPLAINT against DEPARTMENT OF THE NAVY ( Filing fee $ 400 receipt number ADCDC-6477295) filed by JAMES E. COLEMAN, JR.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Civil Cover Sheet, # 8 Summons)(Smith, Arin) (Entered: 10/24/2019)
2019-10-242MOTION for Leave to Appear Pro Hac Vice :Attorney Name- David Cohen, :Firm- Wilmer Cutler Pickering Hale and Dorr LLP, :Address- 1875 Pennsylvania Avenue NW, Washington, DC, 20006. Phone No. - 202-663-6205. Fax No. - 202-663-6363 Filing fee $ 100, receipt number ADCDC-6477350. Fee Status: Fee Paid. by JAMES E. COLEMAN, JR. (Attachments: # 1 Declaration of David Cohen, # 2 Text of Proposed Order)(Smith, Arin) (Entered: 10/24/2019)
2019-10-28Case assigned to Judge Randolph D. Moss. (zmc) (Entered: 10/28/2019)
2019-10-283SUMMONS (1) Issued Electronically as to DEPARTMENT OF THE NAVY. (Attachment: # 1 Notice and Consent)(zmc) (Entered: 10/28/2019)
2019-10-284Case randomly reassigned to Judge Carl J. Nichols. Judge Randolph D. Moss is no longer assigned to the case. (rj) (Entered: 10/28/2019)
2019-10-295Case randomly reassigned to Judge Amy Berman Jackson. Judge Carl J. Nichols is no longer assigned to the case. (rj) (Entered: 10/29/2019)
2019-11-046REQUEST FOR SUMMONS TO ISSUE as to Department of the Navy, filed by JAMES E. COLEMAN, JR..(Smith, Arin) (Entered: 11/04/2019)
2019-11-057SUMMONS (1) Issued Electronically as to DEPARTMENT OF THE NAVY. (ztd) (Entered: 11/05/2019)
2019-11-058RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. DEPARTMENT OF THE NAVY served on 10/31/2019 (Smith, Arin) (Entered: 11/05/2019)
2019-11-059RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 11/1/2019. (Smith, Arin) (Entered: 11/05/2019)
2019-11-0510RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 11/1/2019. Answer due for ALL FEDERAL DEFENDANTS by 12/1/2019. (Smith, Arin) (Entered: 11/05/2019)
2019-11-1211NOTICE of Appearance by Alan Burch on behalf of DEPARTMENT OF THE NAVY (Burch, Alan) (Entered: 11/12/2019)
2019-11-12MINUTE ORDER granting 2 Motion for Leave of David Cohen to Appear Pro Hac Vice only upon condition that the lawyer admitted, or at least one member of the lawyer's firm, undergo CM/ECF training, obtain a CM/ECF username and password, and agree to file papers electronically. No court papers will be mailed to any lawyer. The Court would strongly encourage counsel who practices in a law office in the District of Columbia and seeks to litigate here to apply for membership in the bar of this court. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). Click for instructions . Signed by Judge Amy Berman Jackson on 11/12/19. (DMK) (Entered: 11/12/2019)
2019-12-0212ANSWER to Complaint by DEPARTMENT OF THE NAVY.(Burch, Alan) (Entered: 12/02/2019)
2019-12-0313ORDER. Before the Court in this FOIA case are a complaint and an answer. The requirements of Local Civil Rule 16.3 and Rule 26(f) of the Federal Rules of Civil Procedure appear to be inapplicable. Defendant shall file a dispositive motion or, in the alternative, a report setting forth the schedule for the completion of its production of documents to plaintiff, on or before January 6, 2020. See Order for complete details. SO ORDERED. Signed by Judge Amy Berman Jackson on 12/3/2019. (lcabj2) (Entered: 12/03/2019)
2020-01-0614Consent MOTION for Extension of Time to File Dispositive Motion by DEPARTMENT OF THE NAVY (Attachments: # 1 Text of Proposed Order)(Burch, Alan) (Entered: 01/06/2020)
2020-01-06MINUTE ORDER granting 14 Motion for Extension of Time. Defendant must file a dispositive motion or, in the alternative, a report setting forth the schedule for the completion of its production of documents to plaintiff, on or before February 5, 2020. SO ORDERED. Signed by Judge Amy Berman Jackson on 1/6/2020. (lcabj2) (Entered: 01/06/2020)
2020-02-0515Consent MOTION for Extension of Time to File Motion for Summary Judgment by DEPARTMENT OF THE NAVY (Burch, Alan) (Entered: 02/05/2020)
2020-02-06MINUTE ORDER granting 15 Motion for Extension of Time. Defendant must file a dispositive motion by February 26, 2020. SO ORDERED. Signed by Judge Amy Berman Jackson on 2/6/2020. (lcabj2) (Entered: 02/06/2020)
2020-02-2516NOTICE of Appearance by James David Barton on behalf of JAMES E. COLEMAN, JR. (Barton, James) (Entered: 02/25/2020)
2020-02-2617MOTION for Summary Judgment by DEPARTMENT OF THE NAVY (Attachments: # 1 Exhibit Richman Dec.)(Burch, Alan) (Entered: 02/26/2020)
2020-03-0418NOTICE OF WITHDRAWAL OF APPEARANCE as to JAMES E. COLEMAN, JR.. Attorney Arin Hillary Smith terminated. (Smith, Arin) (Entered: 03/04/2020)
2020-03-0519NOTICE of Appearance by David Samuel Cohen on behalf of JAMES E. COLEMAN, JR. (Cohen, David) (Entered: 03/05/2020)
2020-03-0520Consent MOTION for Extension of Time to File Response/Reply as to 17 MOTION for Summary Judgment by JAMES E. COLEMAN, JR. (Attachments: # 1 Text of Proposed Order)(Cohen, David) (Entered: 03/05/2020)
2020-03-09MINUTE ORDER granting 20 Motion for Extension of Time. Plaintiff must file his opposition to defendant's motion for summary judgment 17 by April 10, 2020. Defendant must file its reply by April 27, 2020. SO ORDERED. Signed by Judge Amy Berman Jackson on 3/9/2020. (lcabj2) (Entered: 03/09/2020)
2020-03-09Set/Reset Deadlines: Plaintiff's opposition to dispositive motion due by 4/10/2020; defendant's reply due by 4/27/2020. (tg) (Entered: 03/09/2020)
2020-04-0321Consent MOTION for Extension of Time to File Response/Reply as to 17 MOTION for Summary Judgment by JAMES E. COLEMAN, JR. (Attachments: # 1 Text of Proposed Order)(Cohen, David) (Entered: 04/03/2020)
2020-04-06MINUTE ORDER granting 21 Motion for Extension of Time. Plaintiff must file his opposition to defendant's motion for summary judgment 17 by April 24, 2020. Defendant must file its reply by May 11, 2020. SO ORDERED. Signed by Judge Amy Berman Jackson on 4/6/2020. (lcabj2) (Entered: 04/06/2020)
2020-04-2422Cross MOTION for Summary Judgment by JAMES E. COLEMAN, JR. (Attachments: # 1 Memorandum in Support of Plaintiff's Cross-Motion for Summary Judgment, # 2 Statement of Facts in Support of Plaintiff's Cross-Motion for Summary Judgment, # 3 Text of Proposed Order)(Cohen, David) (Entered: 04/24/2020)
2020-04-2423Memorandum in opposition to re 17 MOTION for Summary Judgment filed by JAMES E. COLEMAN, JR.. (Attachments: # 1 Text of Proposed Order)(Cohen, David) (Entered: 04/24/2020)
2020-05-1124Consent MOTION for Extension of Time to File Reply & Cross Opposition by DEPARTMENT OF THE NAVY (Burch, Alan) (Entered: 05/11/2020)
2020-05-14MINUTE ORDER granting 24 Motion for Extension of Time. Defendant's reply and cross-opposition to plaintiff's cross-motion for summary judgment 22 must be filed by May 18, 2020. Plaintiff's cross-reply must be filed by June 2, 2020. SO ORDERED. Signed by Judge Amy Berman Jackson on 5/14/2020. (lcabj2) (Entered: 05/14/2020)
2020-05-1825Consent MOTION for Extension of Time to File Response/Reply by DEPARTMENT OF THE NAVY (Burch, Alan) (Entered: 05/18/2020)
2020-05-19MINUTE ORDER granting 25 Motion for Extension of Time. Defendant's reply and cross-opposition to plaintiff's cross-motion for summary judgment 22 must be filed by May 21, 2020. Plaintiff's cross-reply must be filed by June 5, 2020. SO ORDERED. Signed by Judge Amy Berman Jackson on 5/19/2020. (lcabj2) (Entered: 05/19/2020)
2020-05-2126REPLY to opposition to motion re 22 Cross MOTION for Summary Judgment filed by DEPARTMENT OF THE NAVY. (Attachments: # 1 Exhibit Declaration of Charles Clements, # 2 Exhibit Declaration of Karen Richman)(Burch, Alan) (Entered: 05/21/2020)
2020-06-0127Consent MOTION for Extension of Time to File Response/Reply as to 22 Cross MOTION for Summary Judgment by JAMES E. COLEMAN, JR. (Attachments: # 1 Text of Proposed Order)(Cohen, David) (Entered: 06/01/2020)
2020-06-02MINUTE ORDER granting 27 Motion for Extension of Time. Plaintiff must file his cross-reply by June 12, 2020. SO ORDERED. Signed by Judge Amy Berman Jackson on 6/2/2020. (lcabj2) (Entered: 06/02/2020)
2020-06-1028Consent MOTION for Extension of Time to File Response/Reply as to 22 Cross MOTION for Summary Judgment by JAMES E. COLEMAN, JR. (Attachments: # 1 Text of Proposed Order)(Cohen, David) (Entered: 06/10/2020)
2020-06-11MINUTE ORDER granting 28 Motion for Extension of Time. Plaintiff must file his cross-reply by June 19, 2020. SO ORDERED. Signed by Judge Amy Berman Jackson on 6/11/2020. (lcabj2) (Entered: 06/11/2020)
2020-06-1929REPLY to opposition to motion re 22 Cross MOTION for Summary Judgment filed by JAMES E. COLEMAN, JR.. (Cohen, David) (Entered: 06/19/2020)
2020-09-1630ORDER. Pursuant to Federal Rules of Civil Procedure 56 and 58, and for the reasons stated in the accompanying memorandum opinion, it is ORDERED that defendant's motion for summary judgment 17 is GRANTED and plaintiff's cross-motion for summary judgment 22 is DENIED.This is a final, appealable order. SO ORDERED. Signed by Judge Amy Berman Jackson on 9/16/2020. (lcabj2) (Entered: 09/16/2020)
2020-09-1631MEMORANDUM OPINION. Signed by Judge Amy Berman Jackson on 9/16/2020. (lcabj2) (Entered: 09/16/2020)
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