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Case TitleADVANCE MAGAZINE PUBLISHERS, INC. v. U.S. DEPARTMENT OF DEFENSE et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2021cv00619
Date Filed2021-03-08
Date ClosedOpen
JudgeJudge Amy Berman Jackson
PlaintiffADVANCE MAGAZINE PUBLISHERS, INC.
PlaintiffAPM REPORTS
TERMINATED: 06/14/2023
Case DescriptionAPM Reports submitted FOIA requests to the Department of Defense, U.S. Central Command, the Department of the Navy, and the Marine Corps for records concerning the investigation of killing in Haditha, Iraq. The agencies acknowledged receipt of the requests, but after hearing nothing further from the agencies, APM Reports filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Attorney's fees

DefendantU.S. DEPARTMENT OF DEFENSE
DefendantU.S. CENTRAL COMMAND
DefendantUNITED STATES CENTERAL COMMAND
DefendantU.S. DEPARTMENT OF THE NAVY
DefendantU.S. MARINE CORPS
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2021-03-081COMPLAINT against U.S. CENTRAL COMMAND, U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF THE NAVY, U.S. MARINE CORPS ( Filing fee $ 402 receipt number ADCDC-8287615) filed by APM REPORTS. (Attachments: # 1 Exhibit 1-8, # 2 Exhibit 9-15, # 3 Civil Cover Sheet, # 4 Summons)(Topic, Matthew) (Entered: 03/08/2021)
2021-03-082NOTICE of Appearance by Matthew Topic on behalf of APM REPORTS (Topic, Matthew) (Entered: 03/08/2021)
2021-03-09Case Assigned to Judge Amy Berman Jackson. (zsb) (Entered: 03/09/2021)
2021-03-103SUMMONS (6) Issued Electronically as to U.S. CENTRAL COMMAND, U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF THE NAVY, U.S. MARINE CORPS, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(adh, ) (Entered: 03/10/2021)
2021-04-064RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. CENTRAL COMMAND served on 3/22/2021 (Topic, Matthew) (Entered: 04/06/2021)
2021-04-065RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF DEFENSE served on 3/25/2021 (Topic, Matthew) (Entered: 04/06/2021)
2021-04-066RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF THE NAVY served on 3/25/2021 (Topic, Matthew) (Entered: 04/06/2021)
2021-04-067RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. MARINE CORPS served on 3/25/2021 (Topic, Matthew) (Entered: 04/06/2021)
2021-04-068RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 3/26/2021. (Topic, Matthew) (Entered: 04/06/2021)
2021-04-069RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 3/26/2021. Answer due for ALL FEDERAL DEFENDANTS by 4/25/2021. (Topic, Matthew) (Entered: 04/06/2021)
2021-04-1810NOTICE of Appearance by Sian Jones on behalf of All Defendants (Jones, Sian) (Entered: 04/18/2021)
2021-04-2111Consent MOTION for Extension of Time to Respond to Complaint by U.S. CENTRAL COMMAND, U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF THE NAVY, U.S. MARINE CORPS. (Attachments: # 1 Text of Proposed Order)(Jones, Sian) (Entered: 04/21/2021)
2021-04-22MINUTE ORDER. 11 Motion for Extension of Time is GRANTED. Defendants must respond to plaintiff's complaint by May 25, 2021. SO ORDERED. Signed by Judge Amy Berman Jackson on 4/22/2021. (lcabj1) (Entered: 04/22/2021)
2021-05-2512ANSWER to Complaint by U.S. CENTRAL COMMAND, U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF THE NAVY, U.S. MARINE CORPS.(Jones, Sian) (Entered: 05/25/2021)
2021-05-27MINUTE ORDER. 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 June 24, 2021. SO ORDERED. Signed by Judge Amy Berman Jackson on 5/27/2021. (lcabj1) (Entered: 05/27/2021)
2021-06-2413Joint STATUS REPORT by U.S. CENTRAL COMMAND, U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF THE NAVY, U.S. MARINE CORPS. (Jones, Sian) (Entered: 06/24/2021)
2021-06-28MINUTE ORDER. The parties must submit a joint status report by August 25, 2021. SO ORDERED. Signed by Judge Amy Berman Jackson on 6/28/2021. (lcabj1) (Entered: 06/28/2021)
2021-08-2514Joint STATUS REPORT by U.S. CENTRAL COMMAND, U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF THE NAVY, U.S. MARINE CORPS. (Jones, Sian) (Entered: 08/25/2021)
2021-08-26MINUTE ORDER. In light of the joint status report 14 , it is ORDERED that the parties submit another joint status report by October 25, 2021. SO ORDERED. Signed by Judge Amy Berman Jackson on 8/26/2021. (lcabj1) (Entered: 08/26/2021)
2021-10-1915Consent MOTION for Extension of Time to File Joint Status Report by APM REPORTS. (Attachments: # 1 Text of Proposed Order)(Topic, Matthew) (Entered: 10/19/2021)
2021-10-20MINUTE ORDER. 15 Motion for Extension of Time is GRANTED. The parties' joint status report must be submitted by October 29, 2021. Signed by Judge Amy Berman Jackson on 10/20/2021. (lcabj1) (Entered: 10/20/2021)
2021-10-2916Joint STATUS REPORT by U.S. CENTRAL COMMAND, U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF THE NAVY, U.S. MARINE CORPS. (Jones, Sian) (Entered: 10/29/2021)
2021-11-01MINUTE ORDER. In light of the parties' most recent joint status report 16 , it is ORDERED that the parties submit another joint status report by December 23, 2021. Signed by Judge Amy Berman Jackson on 11/1/2021. (lcabj1) (Entered: 11/01/2021)
2021-12-2317Joint STATUS REPORT by U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF THE NAVY, U.S. MARINE CORPS, UNITED STATES CENTERAL COMMAND. (Jones, Sian) (Entered: 12/23/2021)
2021-12-28MINUTE ORDER. In light of the most recent status report, it is ORDERED that the parties must submit another joint status report by February 23, 2022. Signed by Judge Amy Berman Jackson on 12/28/2021. (lcabj1) (Entered: 12/28/2021)
2022-02-2318Joint STATUS REPORT by U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF THE NAVY, U.S. MARINE CORPS, UNITED STATES CENTERAL COMMAND. (Jones, Sian) (Entered: 02/23/2022)
2022-02-24MINUTE ORDER. In light of the joint status report 18 , it is ORDERED that the parties submit another joint status report by April 21, 2022. Signed by Judge Amy Berman Jackson on 2/24/2022. (lcabj1) (Entered: 02/24/2022)
2022-04-2119NOTICE of Appearance by Joshua Loevy on behalf of APM REPORTS (Loevy, Joshua) (Entered: 04/21/2022)
2022-04-2120Joint STATUS REPORT by U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF THE NAVY, U.S. MARINE CORPS, UNITED STATES CENTERAL COMMAND. (Jones, Sian) (Entered: 04/21/2022)
2022-04-25MINUTE ORDER. In light of the most recent status report 20 , it is ORDERED that the parties submit another joint status report by June 20, 2022. Signed by Judge Amy Berman Jackson on 4/25/2022. (lcabj1) (Entered: 04/25/2022)
2022-06-2121Joint STATUS REPORT by U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF THE NAVY, U.S. MARINE CORPS, UNITED STATES CENTERAL COMMAND. (Jones, Sian) (Entered: 06/21/2022)
2022-06-23MINUTE ORDER. In light of the most recent status report 21 , it is ORDERED that the parties submit another status report by August 19, 2022. Signed by Judge Amy Berman Jackson on 6/23/2022. (lcabj1) (Entered: 06/23/2022)
2022-08-1922Joint STATUS REPORT by U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF THE NAVY, U.S. MARINE CORPS, UNITED STATES CENTERAL COMMAND. (Jones, Sian) (Entered: 08/19/2022)
2022-08-19MINUTE ORDER. In light of the joint status report 22 , it is ORDERED that the parties submit another status report by October 18, 2022. Signed by Judge Amy Berman Jackson on 8/19/2022. (lcabj1) (Entered: 08/19/2022)
2022-10-1823Joint STATUS REPORT by U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF THE NAVY, U.S. MARINE CORPS, UNITED STATES CENTERAL COMMAND. (Jones, Sian) (Entered: 10/18/2022)
2022-10-19MINUTE ORDER. In light of the joint status report 23 , it is ORDERED that the parties submit another status report by December 20, 2022. Signed by Judge Amy Berman Jackson on 10/19/2022. (lcabj1) (Entered: 10/19/2022)
2022-12-2024Joint STATUS REPORT by U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF THE NAVY, U.S. MARINE CORPS, UNITED STATES CENTERAL COMMAND. (Jones, Sian) (Entered: 12/20/2022)
2022-12-22MINUTE ORDER. In light of the joint status report 24 , it is ORDERED that the parties submit another status report by February 21, 2023. Signed by Judge Amy Berman Jackson on 12/22/2022. (lcabj1) (Entered: 12/22/2022)
2023-02-2125NOTICE of Appearance by Merrick Jason Wayne on behalf of APM REPORTS (Wayne, Merrick) (Entered: 02/21/2023)
2023-02-2126Joint STATUS REPORT by U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF THE NAVY, U.S. MARINE CORPS, UNITED STATES CENTERAL COMMAND. (Jones, Sian) (Entered: 02/21/2023)
2023-02-22RESOLVED...NOTICE of Provisional/Government Not Certified Status re NOTICE of Appearance by Merrick Jason Wayne on behalf of BUZZFEED INC., JASON LEOPOLD (Wayne, Merrick), Your attorney renewal/government certification has not been received. As a result, your membership with the U.S. District & Bankruptcy Courts for the District of Columbia is not in good standing, and you are not permitted to file. Pursuant to Local Civil Rule 83.9, you must immediately correct your membership status by following the appropriate instructions on this page of our website: https://www.dcd.uscourts.gov/attorney-renewal. Please be advised that the presiding judge in this case has been notified that you are currently not in good standing to file in this court. Renewal Due by 3/1/2023. (zbaj) Modified on 2/23/2023 (znmw). Modified on 3/2/2023 (zbaj). (Entered: 02/22/2023)
2023-02-22MINUTE ORDER. In light of the joint status report 26 , it is ORDERED that the parties submit another status report by April 24, 2023. Signed by Judge Amy Berman Jackson on 2/22/2023.(lcabj1) (Entered: 02/22/2023)
2023-04-2427Joint STATUS REPORT by U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF THE NAVY, U.S. MARINE CORPS, UNITED STATES CENTERAL COMMAND. (Jones, Sian) (Entered: 04/24/2023)
2023-04-26MINUTE ORDER. In light of the joint status report 27 , it is ORDERED that the parties submit another status report by June 23, 2023. Signed by Judge Amy Berman Jackson on 4/26/2023. (lcabj1) (Entered: 04/26/2023)
2023-05-2528NOTICE of Appearance by Stephen Stich Match on behalf of APM REPORTS (Match, Stephen) (Entered: 05/25/2023)
2023-06-0829Unopposed MOTION to Substitute Party by APM REPORTS. (Attachments: # 1 Exhibit A, # 2 Text of Proposed Order)(Match, Stephen) (Entered: 06/08/2023)
2023-06-14MINUTE ORDER granting 29 Motion to Substitute Party. The Clerk of Court is directed to substitute Advance Magazine Publishers, Inc. in the place of American Public Media Reports as plaintiff in this action. SO ORDERED. Signed by Judge Amy Berman Jackson on 6/14/2023. (lcabj1) (Entered: 06/14/2023)
2023-06-2330Joint STATUS REPORT by U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF THE NAVY, U.S. MARINE CORPS, UNITED STATES CENTERAL COMMAND. (Jones, Sian) (Entered: 06/23/2023)
2023-06-27MINUTE ORDER. In light of the joint status report 30 , it is ORDERED that the parties submit another status report by August 22, 2023. Signed by Judge Amy Berman Jackson on 6/27/2023. (lcabj1) (Entered: 06/27/2023)
2023-08-2231Joint STATUS REPORT by U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF THE NAVY, U.S. MARINE CORPS, UNITED STATES CENTERAL COMMAND. (Jones, Sian) (Entered: 08/22/2023)
2023-08-23MINUTE ORDER. In light of the joint status report 31 , it is ORDERED that the parties submit another status report by September 6, 2023. Signed by Judge Amy Berman Jackson on 8/23/2023. (lcabj1) (Entered: 08/23/2023)
2023-08-3132NOTICE of Appearance by Alexander Schreiber on behalf of All Defendants (Schreiber, Alexander) (Entered: 08/31/2023)
2023-09-0633Joint STATUS REPORT by U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF THE NAVY, U.S. MARINE CORPS, UNITED STATES CENTERAL COMMAND. (Schreiber, Alexander) (Entered: 09/06/2023)
2023-09-08MINUTE ORDER. In light of the 33 joint status report, it is ORDERED that the following schedule will apply: Defendants' motion for summary judgment is due by October 23, 2023; plaintiff's opposition and any cross-motion for summary judgment, supported by a single memorandum, is due by November 22, 2023; any reply and cross-opposition, supported by a single memorandum, is due by December 22, 2023; and any cross-reply is due by January 22, 2024. SO ORDERED. Signed by Judge Amy Berman Jackson on 9/8/2023. (lcabj1) (Entered: 09/08/2023)
2023-10-2034MOTION for Extension of Time to File Motion For Summary Judgment by U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF THE NAVY, U.S. MARINE CORPS, UNITED STATES CENTERAL COMMAND. (Schreiber, Alexander) (Entered: 10/20/2023)
2023-10-24MINUTE ORDER granting 34 Motion for Extension of Time. Defendants' motion for summary judgment is due by November 13, 2023; plaintiff's opposition and any cross-motion for summary judgment, supported by a single memorandum, is due by December 13, 2023; any reply and cross-opposition, supported by a single memorandum, is due by January 12, 2024; and any cross-reply is due by February 12, 2024. SO ORDERED. Signed by Judge Amy Berman Jackson on 10/24/2023. (lcabj1) (Entered: 10/24/2023)
2023-11-0935MOTION to Vacate Briefing Schedule by U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF THE NAVY, U.S. MARINE CORPS, UNITED STATES CENTERAL COMMAND. (Attachments: # 1 Text of Proposed Order)(Schreiber, Alexander) (Entered: 11/09/2023)
2023-11-1236Memorandum in opposition to re 35 Motion to Vacate filed by ADVANCE MAGAZINE PUBLISHERS, INC.. (Match, Stephen) (Entered: 11/12/2023)
2023-11-1337REPLY to opposition to motion re 35 MOTION to Vacate Briefing Schedule filed by U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF THE NAVY, U.S. MARINE CORPS, UNITED STATES CENTERAL COMMAND. (Schreiber, Alexander) (Entered: 11/13/2023)
2023-11-14MINUTE ORDER granting in part and denying in part 35 Motion to Vacate Briefing Schedule. Notwithstanding plaintiff's objection, the Court finds that it will be more efficient to have the documents processed completely first than to brief and rule on summary judgment and then end up ordering that the defendants take the steps they already acknowledge are necessary. But the process should not be entirely open-ended; defendants' motion for summary judgment is due by December 22, 2023; plaintiff's opposition and any cross-motion for summary judgment, supported by a single memorandum, is due by January 22, 2024; any reply and cross-opposition, supported by a single memorandum, is due by February 22, 2024; and any cross-reply is due by March 22, 2024. SO ORDERED.Signed by Judge Amy Berman Jackson on 11/14/2023. (lcabj1) (Entered: 11/14/2023)
2023-12-2238MOTION for Summary Judgment by U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF THE NAVY, U.S. MARINE CORPS, UNITED STATES CENTERAL COMMAND. (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Declaration Code 20 - Daly, # 4 Code 20 Vaughn Index, # 5 Declaration Marine Central Command - Garcia, # 6 Marine Central Command Vaughn Index, # 7 Declaration NCIS - Richman, # 8 NCIS Vaughn Index, # 9 Text of Proposed Order)(Schreiber, Alexander) (Entered: 12/22/2023)
2024-01-1639Consent MOTION for Extension of Time to File Combined Opposition and Cross-Motion by ADVANCE MAGAZINE PUBLISHERS, INC.. (Match, Stephen) (Entered: 01/16/2024)
2024-01-19MINUTE ORDER granting 39 Motion for Extension of Time. Plaintiff's combined opposition to defendants' motion for summary judgment and cross-motion for summary judgment is due by February 5, 2024; defendants' reply in support of their motion for summary judgment and opposition to plaintiff's cross-motion for summary judgment is due by March 7, 2024; and plaintiff's reply in support of its cross-motion for summary judgment is due by April 5, 2024. SO ORDERED. Signed by Judge Amy Berman Jackson on 1/19/2024. (lcabj1) (Entered: 01/19/2024)
2024-02-0540Cross MOTION for Summary Judgment by ADVANCE MAGAZINE PUBLISHERS, INC.. (Attachments: # 1 Memorandum in Support, # 2 Declaration Baran Decl, # 3 Statement of Facts, # 4 Statement of Facts Response to SOF, # 5 Text of Proposed Order)(Match, Stephen) Modified on 2/6/2024 (zdp). (Entered: 02/05/2024)
2024-02-0541Memorandum in opposition to re 38 Motion for Summary Judgment, filed by ADVANCE MAGAZINE PUBLISHERS, INC.. (Attachments: # 1 Declaration Baran Decl, # 2 Statement of Facts, # 3 Statement of Facts Response to SOF, # 4 Text of Proposed Order)(Match, Stephen) (Entered: 02/05/2024)
2024-02-06NOTICE OF ERROR re 40 Motion for Summary Judgment; emailed to match@loevy.com, cc'd 11 associated attorneys -- The PDF file you docketed contained errors: 1. Please note the following deficiency and file/refile document as instructed , 2. COMPLIANCE DEADLINE: Please refile within 24 hours, 3. Need Attorney Signature (zdp, ) (Entered: 02/06/2024)
2024-02-0642Amended MOTION for Summary Judgment Cross-Motion by ADVANCE MAGAZINE PUBLISHERS, INC.. (Match, Stephen) (Entered: 02/06/2024)
2024-03-0443Consent MOTION to Stay Briefing by U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF THE NAVY, U.S. MARINE CORPS, UNITED STATES CENTERAL COMMAND. (Attachments: # 1 Text of Proposed Order)(Jones, Sian) (Entered: 03/04/2024)
2024-03-05MINUTE ORDER granting 43 Motion to Stay. It is ORDERED that briefing in this matter is STAYED pending further order of the Court. It is further ORDERED that the parties shall file a status report by May 7, 2024, on the processing of the documents and proposing a schedule for further proceedings. SO ORDERED. Signed by Judge Amy Berman Jackson on 3/5/2024. (lcabj1) (Entered: 03/05/2024)
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