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Case TitleWHITLOCK v. U.S. DEPARTMENT OF DEFENSE et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2020cv03246
Date Filed2020-11-10
Date ClosedOpen
JudgeJudge Ketanji Brown Jackson
PlaintiffCRAIG WHITLOCK
Case DescriptionCraig Whitlock, an investigative reporter for the Washington Post, submitted more than a dozen FOIA requests to the Naval Criminal Investigative Service for records concerning the Fat Leonard investigation of corruption. The agency acknowledged receipt of the requests. The agency withheld records under Exemption 5 (privileges) and Exemption 7 (law enforcement records). Whitlock filed administrative appeals of the denials but after hearing further pertaining to his requests, Whitlock filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Attorney's fees

DefendantU.S. DEPARTMENT OF DEFENSE
DefendantU.S. DEPARTMENT 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
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2020-11-101COMPLAINT against U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF THE NAVY ( Filing fee $ 400 receipt number ADCDC-7818367) filed by CRAIG WHITLOCK. (Attachments: # 1 Exhibit 1-10, # 2 Exhibit 11-20, # 3 Exhibit 21-30, # 4 Exhibit 31-40, # 5 Exhibit 41-48, # 6 Civil Cover Sheet, # 7 Summons)(Topic, Matthew) (Entered: 11/10/2020)
2020-11-102NOTICE of Appearance by Matthew Topic on behalf of CRAIG WHITLOCK (Topic, Matthew) (Entered: 11/10/2020)
2020-11-12Case Assigned to Judge Ketanji Brown Jackson. (adh, ) (Entered: 11/12/2020)
2020-11-123SUMMONS (4) Issued Electronically as to U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF THE NAVY, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(adh, ) (Entered: 11/12/2020)
2020-12-214NOTICE of Appearance by Joseph F. Carilli, Jr on behalf of U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF THE NAVY (Carilli, Joseph) (Entered: 12/21/2020)
2020-12-215ANSWER to Complaint by U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF THE NAVY.(Carilli, Joseph) (Entered: 12/21/2020)
2020-12-236RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF DEFENSE served on 11/19/2020 (Topic, Matthew) (Entered: 12/23/2020)
2020-12-237RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF THE NAVY served on 11/19/2020 (Topic, Matthew) (Entered: 12/23/2020)
2020-12-238RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 11/19/2020. (Topic, Matthew) (Entered: 12/23/2020)
2020-12-239RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 11/19/2020. Answer due for ALL FEDERAL DEFENDANTS by 12/19/2020. (Topic, Matthew) (Entered: 12/23/2020)
2021-01-08MINUTE ORDER. Before the Court in this FOIA case are a complaint and an answer. It is hereby ORDERED that the parties shall promptly confer and file a joint proposed schedule for disclosure or briefing motions for summary judgment, on or before 1/22/2021. Signed by Judge Ketanji Brown Jackson on 1/8/2021. (jag) (Entered: 01/08/2021)
2021-01-2210Joint STATUS REPORT by U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF THE NAVY. (Attachments: # 1 Text of Proposed Order)(Carilli, Joseph) (Entered: 01/22/2021)
2021-02-17MINUTE ORDER setting briefing schedule for summary judgment: Defendants' Motion for Summary Judgment shall be served on or before 3/26/2021; Plaintiff's Opposition and Cross-Motion for Summary Judgment shall be served on or before 4/26/2021; Defendants' Reply and Cross-Motion Opposition shall be served on or before 5/26/2021; Plaintiff's Cross-Motion Reply shall be served on or before 6/16/2021; briefs shall be filed as a batch within three (3) business days of the service of the last reply brief authorized by this Minute Order, but in any event no later than the Final Filing Deadline of 8/2/2021. Signed by Judge Ketanji Brown Jackson on 2/17/2021. (jag) (Entered: 02/17/2021)
2021-03-2611Unopposed MOTION to Hold in Abeyance re Order,,, Set Deadlines,, by U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF THE NAVY. (Attachments: # 1 Text of Proposed Order)(Carilli, Joseph) (Entered: 03/26/2021)
2021-04-05MINUTE ORDER granting 11 Motion to Hold in Abeyance. It is hereby ORDERED that the briefing deadlines in this matter are VACATED, and that on or before 4/26/2021, the parties shall file a joint status report, which shall contain a proposed schedule for further proceedings if litigation is going to be necessary. Signed by Judge Ketanji Brown Jackson on 4/5/2021. (jag) (Entered: 04/05/2021)
2021-04-2612Joint STATUS REPORT by U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF THE NAVY. (Carilli, Joseph) (Entered: 04/26/2021)
2021-04-27MINUTE ORDER. In light of the representations in the parties' 12 Joint Status Report, it is hereby ORDERED that, on or before 5/26/2021, the parties shall file further joint status report, which shall contain a proposed schedule for further proceedings if litigation is going to be necessary. Signed by Judge Ketanji Brown Jackson on 4/27/2021. (jag) Modified on 4/27/2021 (jag, ). (Entered: 04/27/2021)
2021-05-2613Joint STATUS REPORT by U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF THE NAVY. (Attachments: # 1 Text of Proposed Order)(Carilli, Joseph) (Entered: 05/26/2021)
2021-06-01MINUTE ORDER. It is the practice of this Court to set a schedule for briefing summary judgment in FOIA cases only after the parties report that processing and production is complete, and that they have not been able to resolve any remaining disputes. Accordingly, in light of the representations in the parties' 13 Joint Status Report, it is hereby ORDERED that, on or before 8/3/2021, the parties shall file further joint status report, which shall contain a proposed schedule for further proceedings if litigation is going to be necessary. Signed by Judge Ketanji Brown Jackson on 6/1/2021. (jag) (Entered: 06/01/2021)
2021-06-02Set/Reset Deadlines: Joint Status Report due by 8/3/2021 (zgdf) (Entered: 06/02/2021)
2021-06-22Judge Ketanji Brown Jackson has been elevated to serve on the U.S. Court of Appeals for the D.C. Circuit. She is therefore no longer assigned to this case, and this matter has been reassigned to the Calendar Committee, which will oversee it until it is assigned to another district judge. Any questions should be directed to Judge Jackson's former deputy clerk, Gwendolyn Franklin, at 202-354-3145 or gwen_franklin@dcd.uscourts.gov. (rj) (Entered: 06/22/2021)
2021-08-0314Unopposed MOTION for Extension of Time to File Joint Status Report by U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF THE NAVY. (Attachments: # 1 Text of Proposed Order)(Carilli, Joseph) (Entered: 08/03/2021)
2021-08-04MINUTE ORDER granting 14 Unopposed Motion for Extension of Time. It is hereby ORDERED that the parties shall file their joint status report on or before August 5, 2021. SO ORDERED. Signed by Judge Rudolph Contreras on 8/4/2021. (lcrc3) (Entered: 08/04/2021)
2021-08-04Set/Reset Deadlines: Joint Status Report due by 8/5/2021. (zgdf) (Entered: 08/04/2021)
2021-08-0515MOTION for Extension of Time to File Joint Status Report by U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF THE NAVY. (Attachments: # 1 Text of Proposed Order)(Carilli, Joseph) (Entered: 08/05/2021)
2021-08-0616Joint STATUS REPORT by U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF THE NAVY. (Carilli, Joseph) (Entered: 08/06/2021)
2021-08-06MINUTE ORDER granting 15 Defendants' Motion for Extension of Time. It is hereby ORDERED that 16 the parties' Joint Status Report is deemed timely filed. SO ORDERED. Signed by Judge Rudolph Contreras on 8/6/2021. (lcrc3) (Entered: 08/06/2021)
2021-08-06MINUTE ORDER: Upon consideration of 16 the parties' Joint Status Report, the parties shall file a joint status report on or before September 7, 2021. SO ORDERED. Signed by Judge Rudolph Contreras on 8/6/2021. (lcrc3) (Entered: 08/06/2021)
2021-08-06Set/Reset Deadlines: Joint Status Report due by 9/7/2021. (zgdf) (Entered: 08/06/2021)
2021-09-0717Unopposed MOTION for Extension of Time to File Joint Status Report by U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF THE NAVY. (Attachments: # 1 Text of Proposed Order)(Carilli, Joseph) (Entered: 09/07/2021)
2021-09-08MINUTE ORDER granting 17 Unopposed Motion for Extension of Time to File Joint Status Report. It is hereby ORDERED that the parties shall file their joint status report on or before September 14, 2021. SO ORDERED. Signed by Judge Rudolph Contreras on 9/8/2021. (lcrc3) (Entered: 09/08/2021)
2021-09-09Set/Reset Deadlines: Joint Status Report due by 9/14/2021. (zgdf) (Entered: 09/09/2021)
2021-09-1418Joint STATUS REPORT by U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF THE NAVY. (Attachments: # 1 Text of Proposed Order)(Carilli, Joseph) (Entered: 09/14/2021)
2021-09-15MINUTE ORDER: Upon consideration of 18 the parties' joint status report, it is hereby ORDERED that the following schedule shall govern proceedings: Defendants' Motion for Summary Judgment shall be filed on or before October 29, 2021; Plaintiff's Cross-Motion for Summary Judgment and Response to Defendants' Motion for Summary Judgment shall be filed on or before November 28, 2021; Defendants' Reply in Support of Defendants' Motion for Summary Judgment and Response to Plaintiff's Cross-Motion for Summary Judgment shall be filed on or before January 4, 2022; and Plaintiff's Reply in Support of Plaintiff's Cross-Motion for Summary Judgment shall be filed on or before January 24, 2022. SO ORDERED. Signed by Judge Rudolph Contreras on 9/15/2021. (lcrc3) (Entered: 09/15/2021)
2021-09-15Set/Reset Deadlines: Summary Judgment motions due by 10/29/2021. Response to Motion for Summary Judgment due by 11/28/2021. Cross Motions for Summary Judgment due by 11/28/2021. Response to Cross Motions due by 1/4/2022. Reply to Motion for Summary Judgment due by 1/4/2022. Reply to Cross Motions due by 1/24/2022. (zacr) (Entered: 09/15/2021)
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