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DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2020cv02181
Date Filed2020-08-10
Date ClosedOpen
JudgeJudge Carl J. Nichols
Case DescriptionBackstop Films submitted a FOIA request to the Department of the Navy for records the trial transcripts of the court-martial of former SEAL Eddie Gallagher. Backstop submitted a second FOIA request for audio recordings of the proceedings. The agency acknowledged receipt of the requests. The agency did not respond to the request for trial transcripts but denied the request for audio recordings under Exemption 6 (invasion of privacy) and Exemption 7(C) (invasion of privacy concerning law enforcement records). Backstop Films filed an administrative appeal of the denial of its request for audio records but after hearing nothing further from the agency, Backstop Films filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

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User-contributed Documents
Docket Events (Hide)
Date FiledDoc #Docket Text

2020-08-101COMPLAINT against U.S. DEPARTMENT OF THE NAVY ( Filing fee $ 400 receipt number ADCDC-7444697) filed by BACKSTOP FILMS LLC, DAVID IVERSEN. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Civil Cover Sheet, # 6 Summons to U.S. Dep't of Navy, # 7 Summons to Attorney General, # 8 Summons to U.S. Attorney)(Brown, Jay) (Entered: 08/10/2020)
2020-08-102LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by BACKSTOP FILMS LLC (Brown, Jay) (Entered: 08/10/2020)
2020-08-10Case assigned to Judge Carl J. Nichols. (zmc) (Entered: 08/10/2020)
2020-08-10STANDING ORDER. Signed by Judge Carl J. Nichols on August 10, 2020. (lccjn1) (Entered: 08/10/2020)
2020-08-113SUMMONS (3) Issued Electronically as to U.S. DEPARTMENT OF THE NAVY, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(zmc) (Entered: 08/11/2020)
2020-08-174RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 8/11/2020. Answer due for ALL FEDERAL DEFENDANTS by 9/10/2020. (Brown, Jay) (Entered: 08/17/2020)
2020-08-175NOTICE of Appearance by Maxwell S. Mishkin on behalf of BACKSTOP FILMS LLC, DAVID IVERSEN (Mishkin, Maxwell) (Entered: 08/17/2020)
2020-08-246NOTICE of Appearance by Benton Gregory Peterson on behalf of U.S. DEPARTMENT OF THE NAVY (Peterson, Benton) (Entered: 08/24/2020)
2020-09-027RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General August 19, 2020. (Brown, Jay) (Entered: 09/02/2020)
2020-09-028RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF THE NAVY served on 8/20/2020 (Brown, Jay) (Entered: 09/02/2020)
2020-09-109NOTICE OF SUBSTITUTION OF COUNSEL by Joseph F. Carilli, Jr on behalf of All Defendants Substituting for attorney Benton Gregory Peterson (Carilli, Joseph) (Entered: 09/10/2020)
2020-09-1010ANSWER to Complaint by U.S. DEPARTMENT OF THE NAVY.(Carilli, Joseph) (Entered: 09/10/2020)
2020-09-16MINUTE ORDER. Before the Court in this Freedom of Information Act case are a Complaint and an Answer. According to Local Civil Rule 16.3, the requirements of Federal Rule of Civil Procedure 26(f) are inapplicable. It is hereby ORDERED that the Parties shall confer and file a Joint Status Report on or before October 8, 2020. The Joint Status Report shall address: (1) the status of Plaintiffs FOIA request; (2) the anticipated number of documents responsive to Plaintiffs FOIA request; (3) the anticipated date(s) for release of the documents requested by Plaintiff; (4) whether a motion for stay is likely under Open America v. Watergate Special Prosecution Force , 547 F.2d 605 (D.C. Cir. 1976); (5) the possibility of prioritizing documents responsive to Plaintiffs requests and any discussions regarding whether Plaintiffs requests can be narrowed; and (6) whether the Parties anticipate summary judgment briefing and, if so, a proposed briefing schedule. Signed by Judge Carl J. Nichols on September 16, 2020. (lccjn1) (Entered: 09/16/2020)
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