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Case TitleMEDINA v. NATIONAL GUARD BUREAU et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2020cv03178
Date Filed2020-11-03
Date ClosedOpen
JudgeJudge Ana C. Reyes
PlaintiffTHOMAS MEDINA
Case DescriptionThomas Medina submitted FOIA requests to the National Guard Bureau and the Department of the Air Force for records concerning his involuntary removal from the Puerto Rico Air National Guard. The agencies acknowledged receipt of the requests. The NGB told Medina that many of the responsive records were maintained by the Air Force. After hearing nothing further from the agency Medina filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Attorney's fees

DefendantNATIONAL GUARD BUREAU
DefendantDEPARTMENT OF THE AIR FORCE
DefendantDEPARTMENT OF THE AIR FORCE
TERMINATED: 03/25/2021
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2020-11-031COMPLAINT against All Defendants NATIONAL GUARD BUREAU and DEPARTMENT OF THE AIR FORCE ( Filing fee $ 400 receipt number ADCDC-7793112) filed by THOMAS MEDINA. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Summons)(Montalvo, Eric) Modified on 11/4/2020 to add payment information (zsb). (Entered: 11/03/2020)
2020-11-042CIVIL COVER SHEET by THOMAS MEDINA filed by THOMAS MEDINA.(Montalvo, Eric) (Entered: 11/04/2020)
2020-11-04Case Assigned to Judge Emmet G. Sullivan. (zsb) (Entered: 11/04/2020)
2020-11-043SUMMONS (4) Issued Electronically as to DEPARTMENT OF THE AIR FORCE, NATIONAL GUARD BUREAU, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(adh, ) (Entered: 11/04/2020)
2020-11-174STANDING ORDER: The parties are directed to read the attached Standing Order Governing Civil Cases Before Judge Emmet G. Sullivan in its entirety upon receipt. The parties are hereby ORDERED to comply with the directives in the attached Standing Order. Signed by Judge Emmet G. Sullivan on 11/17/20. (Attachment: # 1 Exhibit 1) (mac) (Entered: 11/17/2020)
2020-12-075NOTICE of Appearance by Paul A. Mussenden on behalf of DEPARTMENT OF THE AIR FORCE, NATIONAL GUARD BUREAU (Mussenden, Paul) (Entered: 12/07/2020)
2020-12-076ANSWER to Complaint by DEPARTMENT OF THE AIR FORCE, NATIONAL GUARD BUREAU.(Mussenden, Paul) (Entered: 12/07/2020)
2020-12-10MINUTE ORDER. Plaintiff brings this action pursuant to the Freedom of Information Act (FOIA), 5 U.S.C. § 552. The parties are directed to meet and confer and propose a joint scheduling order for further proceedings in this case by no later than January 8, 2021. The parties' joint proposed scheduling order shall address the following: (1) the status of plaintiff's FOIA request; (2) the anticipated number of documents responsive to plaintiff's FOIA request; (3) the anticipated date(s), if any, for release of documents responsive to plaintiff's FOIA request; (4) whether a motion for an Open America stay is likely in this case; (5) whether a Vaughn index will be required in this case; (6) whether this case would benefit from referral to a magistrate judge or the District Court Mediation Program for purposes of settlement; and (7) a proposed briefing schedule for dispositive motions, if applicable. If the parties are unable to agree on a joint recommendation, the joint proposed scheduling order shall include each party's individual recommendations. Signed by Judge Emmet G. Sullivan on 12/10/2020. (lcegs3) (Entered: 12/10/2020)
2020-12-11ENTERED IN ERROR.....Set/Reset Deadlines: Meet & Confer Report due by 1/8/2021. (mac) (Entered: 12/11/2020)
2021-01-087Joint STATUS REPORT by DEPARTMENT OF THE AIR FORCE, NATIONAL GUARD BUREAU. (Mussenden, Paul) (Entered: 01/08/2021)
2021-02-168NOTICE OF SUBSTITUTION OF COUNSEL by Marsha Wellknown Yee on behalf of All Defendants Substituting for attorney Paul A. Mussenden (Yee, Marsha) (Entered: 02/16/2021)
2021-03-10MINUTE ORDER. In view of 7 joint status report, Plaintiff is hereby directed to show cause by no later than March 24, 2021 why this action should not be dismissed without prejudice due to Plaintiff's failure to exhaust his administrative remedies prior to filing the Complaint. Signed by Judge Emmet G. Sullivan on 3/10/2021. (lcegs3) (Entered: 03/10/2021)
2021-03-10Set/Reset Deadlines: Plaintiff Show Cause due by 3/24/2021. (mac) (Entered: 03/10/2021)
2021-03-249MOTION for Leave to File First Amended Complaint by THOMAS MEDINA. (Attachments: # 1 First Amended Complaint, # 2 First Amended Complaint Redlined, # 3 Proposed Order)(Montalvo, Eric) (Entered: 03/24/2021)
2021-03-2410NOTICE of Voluntary Dismissal by THOMAS MEDINA (Montalvo, Eric) (Entered: 03/24/2021)
2021-04-0711Memorandum in opposition to re 9 MOTION for Leave to File First Amended Complaint filed by DEPARTMENT OF THE AIR FORCE, NATIONAL GUARD BUREAU. (Attachments: # 1 Beharry Decl., # 2 Text of Proposed Order)(Yee, Marsha) (Entered: 04/07/2021)
2021-04-1412REPLY to opposition to motion re 9 MOTION for Leave to File First Amended Complaint filed by THOMAS MEDINA. (Montalvo, Eric) (Entered: 04/14/2021)
2021-09-07MINUTE ORDER. Pending before the Court is 9 motion for leave to file amended complaint, which the Court construes as a motion for leave to file supplemental complaint. Pursuant to Federal Rule of Civil Procedure 15(d),"[o]n motion and reasonable notice, the court may, on just terms, permit a party to serve a supplemental pleading setting out any transaction, occurrence, or event that happened after the date of the pleading to be supplemented." Motions for leave to file supplemental pleadings "are to be 'freely granted when doing so will promote the economic and speedy disposition of the entire controversy between the parties, will not cause undue delay or trial inconvenience, and will not prejudice the rights of any of the other parties to the action.'" Hall v. CIA, 437 F.3d 94, 101 D.C. Cir. 2006) (quoting 6A Charles Alan Wright et al., Federal Practice and Procedure § 1504, at 18687 (2d ed.1990)). Plaintiff filed his original complaint in this matter on November 3, 2020 based on a FOIA/PA request he submitted on December 19, 2019. ECF No. 1. In its answer, Defendant admitted that it sent a letter dated January 16, 2020 acknowledging receipt of Plaintiff's FOIA request and advising Plaintiff that, among other things, it was in the complex queue for processing... with an estimated completion date of December 31, 2022. ECF No. 6 paragraph 7. Plaintiff alleges that after he filed the original complaint, he learned that his original FOIA request was "defect[ive] because he fail[ed] to include the required verification of identity." ECF No. 9-2 paragraph 8. Plaintiff alleges that on December 10, 2020, he resubmitted his FOIA/PA request with the verification of identity. Id. Plaintiff further alleges that in response to this FOIA request, [Defendant], on January 14, 2021, responded with an estimated completion date of December 31, 2022 due to "predictable workload." Id. paragraph 11. Plaintiff seeks to leave to file a supplemental complaint to replace his original allegations with his allegations regarding his resubmitted FOIA request. Defendant objects to the motion on the ground that Plaintiff failed to exhaust administrative remedies before initiating this action because: (1) he did not submit the verification of identity or request to proceed without it; and (2) he did not appeal Defendant's January 16, 2020 response. Plaintiff does not allege that he appealed Defendant's January 14, 2021 response. Although "[a] FOIA requester is generally required to exhaust administrative appeal remedies before seeking judicial redress... if an agency fails to make a communicate its 'determination' whether to comply with a FOIA request within [20 working days or 30 working days in 'unusual circumstances'], the requestor 'shall be deemed to have exhausted his administrative remedies.'" Citizens for Responsibility and Ethics in Washington v. Federal Election Commission, 771 F.3d 180, 184 (D.C. Cir. 2013) (citations omitted). "Determination" means that "the agency must at least inform the requester of the scope of the documents that the agency will produce, as well as the scope of the documents that the agency plans to withhold under any FOIA exemptions." Id. at 185. As the D.C. Circuit has explained, "if the agency does not adhere to FOIA's explicit timelines, the 'penalty' is that the agency cannot rely on the administrative exhaustion requirement to keep cases from getting into court. This scheme provides an incentive for agencies to move quickly but recognizes that agencies may not always be able to adhere to the timelines that trigger the exhaustion requirement." Id. at 190. Because Defendant "did not make and communicate a 'determination' within the meaning of 5 U.S.C. § 552(a) (6)(A)(i) within 20 [or 30] working days of receiving [Plaintiffs] FOIA request, [Plaintiff] is deemed to have exhausted its administrative appeal remedies under Section 552(a)(6) (C)(i), and [his] suit may proceed." Id. Plaintiff's supplemental complaint is deemed filed. Signed by Judge Emmet G. Sullivan on 9/7/2021. (lcegs1) (Entered: 09/07/2021)
2021-09-0714AMENDED COMPLAINT against NATIONAL GUARD BUREAU filed by THOMAS MEDINA.(zjf) (Entered: 09/14/2021)
2021-09-1313Consent MOTION for Extension of Time to File Defendant's Answer to Plaintiff's Supplemental Complaint by NATIONAL GUARD BUREAU. (Attachments: # 1 Text of Proposed Order)(Yee, Marsha) (Entered: 09/13/2021)
2021-09-15MINUTE ORDER granting 13 consent motion for extension of time to file answer. Defendant shall answer or otherwise respond to Plaintiff's Supplemental Complaint by no later than October 7, 2021. Signed by Judge Emmet G. Sullivan on 9/15/2021. (lcegs3) (Entered: 09/15/2021)
2021-09-15Set/Reset Deadlines: Defendant Answer Or Otherwise Response To The Plaintiff's Supplemental Complaint due by 10/7/2021, (mac) (Entered: 09/15/2021)
2021-10-0715ANSWER to 14 Amended Complaint by NATIONAL GUARD BUREAU.(Yee, Marsha) (Entered: 10/07/2021)
2021-12-06MINUTE ORDER. Plaintiff brings this action pursuant to the Freedom of Information Act ("FOIA"), 5 U.S.C. § 552. The parties are directed to meet and confer and propose a joint scheduling order for further proceedings in this case by no later than January 7, 2022. The parties' joint proposed scheduling order shall address the following: (1) The status of plaintiff's FOIA request; (2) The anticipated number of documents responsive to plaintiff's FOIA request; (3) The anticipated date(s) for release of documents responsive to plaintiff's FOIA request; (4) Whether a motion for an Open America stay is likely in this case; (5) Whether a Vaughn index will be required in this case; (6) Whether this case would benefit from referral to a magistrate judge or the District Court Mediation Program for purposes of settlement; and (7) A proposed briefing schedule for dispositive motions, if applicable. If the parties are unable to agree on a joint recommendation, the joint proposed scheduling order shall include each party's individual recommendations. Signed by Judge Emmet G. Sullivan on 12/6/2021. (lcegs3) (Entered: 12/06/2021)
2021-12-07Set/Reset Deadlines: Joint Scheduling Order due by 1/7/2022. (mac) (Entered: 12/07/2021)
2022-01-0616Joint STATUS REPORT by NATIONAL GUARD BUREAU. (Yee, Marsha) (Entered: 01/06/2022)
2022-01-06MINUTE ORDER. In view of 16 joint status report, the parties are directed to file another joint status report with a recommendation for further proceedings by no later than April 7, 2022. Signed by Judge Emmet G. Sullivan on 1/6/2022. (lcegs3) (Entered: 01/06/2022)
2022-01-07Set/Reset Deadlines: Joint Status Report due by 4/7/2022 (mac) (Entered: 01/07/2022)
2022-04-0717Joint STATUS REPORT by NATIONAL GUARD BUREAU. (Yee, Marsha) (Entered: 04/07/2022)
2022-04-13MINUTE ORDER. In view of 17 joint status report, the parties are directed to file a joint status report with a recommendation for further proceedings by no later than June 22, 2022. Signed by Judge Emmet G. Sullivan on 4/13/2022. (lcegs3) (Entered: 04/13/2022)
2022-04-14Set/Reset Deadlines: Joint Status Report due by 6/22/2022. (zacr) (Entered: 04/14/2022)
2022-06-2218Joint STATUS REPORT by THOMAS MEDINA. (Montalvo, Eric) (Entered: 06/22/2022)
2022-06-27MINUTE ORDER. In view of 18 joint status report, the parties are directed to file another joint status report with a recommendation for further proceedings by no later than August 10, 2022. Signed by Judge Emmet G. Sullivan on 6/27/2022. (lcegs3) (Entered: 06/27/2022)
2022-06-27Set/Reset Deadlines: Joint Status Report due by 8/10/2022 (mac) (Entered: 06/27/2022)
2022-08-0919Joint STATUS REPORT by THOMAS MEDINA. (Montalvo, Eric) (Entered: 08/09/2022)
2022-08-10MINUTE ORDER. In view of 19 joint status report, the parties are directed to file another joint status report with a recommendation for further proceedings by no later than November 10, 2022. Signed by Judge Emmet G. Sullivan on 8/10/2022. (lcegs3) (Entered: 08/10/2022)
2022-08-10Set/Reset Deadlines: Joint Status Report due by 11/10/2022. (mac) (Entered: 08/10/2022)
2022-11-1020Joint STATUS REPORT by NATIONAL GUARD BUREAU. (Yee, Marsha) (Entered: 11/10/2022)
2022-11-11MINUTE ORDER. In view of 20 joint status report, the parties are directed to file another joint status report with a recommendation for further proceedings by no later than January 19, 2023. Signed by Judge Emmet G. Sullivan on 11/11/2022. (lcegs1) (Entered: 11/11/2022)
2022-11-14Set/Reset Deadlines: Joint Status Report due by 1/19/2023 (mac) (Entered: 11/14/2022)
2023-01-1921Joint STATUS REPORT by NATIONAL GUARD BUREAU. (Yee, Marsha) (Entered: 01/19/2023)
2023-01-23MINUTE ORDER. In view of 21 joint status report, the parties are directed to file another joint status report with a recommendation for further proceedings by no later than March 2, 2023. Signed by Judge Emmet G. Sullivan on 1/23/2023. (lcegs1) (Entered: 01/23/2023)
2023-01-25Set/Reset Deadlines: Parties Joint Status Report due by 3/2/2023. (mac) (Entered: 01/25/2023)
2023-02-24Case directly reassigned to District Judge Ana C. Reyes. Judge Emmet G. Sullivan, is no longer assigned to the case. (rj) (Entered: 02/24/2023)
2023-03-0222Joint STATUS REPORT by NATIONAL GUARD BUREAU. (Yee, Marsha) (Entered: 03/02/2023)
2023-03-1623Joint STATUS REPORT by NATIONAL GUARD BUREAU. (Yee, Marsha) (Entered: 03/16/2023)
2023-03-17MINUTE ORDER: Upon consideration of the parties' Joint Status Report, the parties are directed to file another joint status report or a proposed briefing schedule on or before April 27, 2023.. Signed by Judge Ana C. Reyes on 3/17/23. (lcas) (Entered: 03/17/2023)
2023-03-17Set/Reset Deadlines/Hearings: Status Report or Proposed Briefing Schedule due by 4/27/2023. (zcdw) (Entered: 03/17/2023)
2023-04-2724Joint STATUS REPORT by THOMAS MEDINA. (Montalvo, Eric) (Entered: 04/27/2023)
2023-06-1525Joint STATUS REPORT by THOMAS MEDINA. (Montalvo, Eric) (Entered: 06/15/2023)
2023-08-0926Joint STATUS REPORT by THOMAS MEDINA. (Montalvo, Eric) (Entered: 08/09/2023)
2023-08-1827NOTICE of Appearance by Carol Anne Thompson on behalf of THOMAS MEDINA (Thompson, Carol) (Entered: 08/18/2023)
2023-08-2428NOTICE OF INTENDED MOTION FOR SUMMARY JUDGMENT REQUESTING PRE-MOTION CONFERENCE by THOMAS MEDINA re 26 Status Report (Thompson, Carol) (Entered: 08/24/2023)
2023-08-3129NOTICE in Response to Plaintiff's Notice by NATIONAL GUARD BUREAU re 28 Notice (Other) (Yee, Marsha) (Entered: 08/31/2023)
2023-10-19MINUTE ORDER. Upon consideration of Plaintiff's 28 Notice of Intended Motion for Summary Judgment Requesting Pre-Motion Conference and 29 Defendant's Notice in Response to Plaintiff's Notice, it is ORDERED that the parties shall submit a joint status report on or before November 10, 2023, describing what issues, if any, remain in dispute in this case. If any such disputed issues exist, the joint status report should list the occasions on which the parties met and conferred in person to attempt to resolve those disputes and the attendees at those meetings. Signed by Judge Ana C. Reyes on 10/19/2023. (lcar3) (Entered: 10/19/2023)
2023-10-25Set/Reset Deadlines/Hearings: Joint Status Report due by 11/10/2023. (zcdw) (Entered: 10/25/2023)
2023-11-0830Unopposed MOTION for Extension of Time to File Joint Status Report by NATIONAL GUARD BUREAU. (Attachments: # 1 Text of Proposed Order)(Yee, Marsha) (Entered: 11/08/2023)
2023-11-08MINUTE ORDER granting 30 Unopposed Motion for Extension of Time to File Joint Status Report. It is hereby ORDERED that the parties shall file a joint status report that addresses the topics specified in the Court's October 19, 2023 Minute Order on or before November 17, 2023. Signed by Judge Ana C. Reyes on 11/8/2023. (lcar3) (Entered: 11/08/2023)
2023-11-14Set/Reset Deadlines/Hearings: Joint Status Report due by 11/17/2023. (zcdw) (Entered: 11/14/2023)
2023-11-1631Consent MOTION for Extension of Time to File Joint Status Report by DEPARTMENT OF THE AIR FORCE, NATIONAL GUARD BUREAU. (Attachments: # 1 Text of Proposed Order)(Yee, Marsha) (Entered: 11/16/2023)
2023-11-16MINUTE ORDER granting 31 Consent Motion for Extension of Time to File Joint Status Report. It is ORDERED that the parties shall file a joint status report that addresses the topics specified in the Court's October 19, 2023 Minute Order on or before December 7, 2023. Signed by Judge Ana C. Reyes on 11/16/2023. (lcar3) (Entered: 11/16/2023)
2023-11-16Set/Reset Deadlines: Status Report due by 12/7/2023. (znbn) (Entered: 11/17/2023)
2023-12-0732Joint STATUS REPORT by THOMAS MEDINA. (Thompson, Carol) (Entered: 12/07/2023)
2024-02-0733Joint STATUS REPORT by THOMAS MEDINA. (Thompson, Carol) (Entered: 02/07/2024)
2024-02-1034NOTICE OF SUBSTITUTION OF COUNSEL by Brian P. Hudak on behalf of DEPARTMENT OF THE AIR FORCE, NATIONAL GUARD BUREAU Substituting for attorney Marsha Yee (Hudak, Brian) (Entered: 02/10/2024)
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