Case Detail

FOIA Project Annotation: Judge Tanya Chutkan has ruled that the U.S. Agency for International Development and the Army have not shown that they conducted adequate searches for records concerning the murder of USAID nurse Marilyn Allan by U.S. Army Captain Larry Peters in Vietnam in 1967. Gregory Conway, Allan's nephew, sent FOIA requests to both USAID and the Army for records pertaining to Allan's murder. After conducting searches, both agencies responded that they found no records. The Army searched four databases for any investigation report filed by military police pertaining to the August 16, 1967 murder and found nothing. USAID initially contacted the USAID Mission in Bangkok, which oversaw the Vietnam Mission, which had closed after the Vietnam War ended. The Vietnam Mission indicated that any records would have been transferred back to USAID headquarters after the Vietnam War. USAID also conducted a search of its Bureau of Legislative and Public Affairs and the Office of Human Capital and Talent Management because those components were responsible for the USAID Memorial Wall honoring USAID employees who lost their lives in the line of duty, including Allan. USAID later also searched for Allan's personnel file from the National Personnel Records Center in St. Louis. That search revealed that Allan's death certificate listed her employer as the U.S. Public Health Service, rather than USAID. USAID also conducted a further electronic and paper search of Vietnam Mission records but found nothing. Chutkan agreed that the Army's search was inadequate. She noted that "the Army's declarant states only that she searched four particular databasesâ€"not that she searched the only four databases in existence or likely to contain responsive records. This evidentiary gap precludes summary judgment." Further, it was unclear what keywords the Army used, or omitted, in its database searches. Chutkan then found that USAID had not explained whether it had searched the National Archives for responsive records. She observed that "it remains unclear where USAID stores its records, how many locations and/or records were searched, whether records were permanently transferred to the National Archives, and in whose custody any records may reside. Until USAID provides clarity on those issues, summary judgment is inappropriate."
Issues: Adequacy - Search

Date Filed	Doc #	Docket Text
2014-10-25	1	COMPLAINT against UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT, UNITED STATES ARMY ( Filing fee $ 400 receipt number 0090-3883872) filed by GREGORY JAMES CONWAY. (Attachments: # 1 Civil Cover Sheet)(Stotter, Daniel) (Entered: 10/25/2014)
2014-10-27		Case Assigned to Judge Tanya S. Chutkan. (md, ) (Entered: 10/27/2014)
2014-10-27		SUMMONS Not Issued as to UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT, UNITED STATES ARMY, U.S. Attorney, U.S. Attorney General. (SUMMONS WERE NOT FILED WITH THE COMPLAINT) (md, ) (Entered: 10/27/2014)
2014-10-27	2	REQUEST FOR SUMMONS TO ISSUE by GREGORY JAMES CONWAY filed by GREGORY JAMES CONWAY.(Stotter, Daniel) (Entered: 10/27/2014)
2014-10-28	3	SUMMONS (4) Issued Electronically as to UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT, UNITED STATES ARMY, U.S. Attorney and U.S. Attorney General (td, ) (Entered: 10/28/2014)
2014-10-30	4	AMENDED COMPLAINT against UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT, UNITED STATES ARMY filed by GREGORY JAMES CONWAY.(Stotter, Daniel) (Entered: 10/30/2014)
2014-12-04	5	NOTICE of Appearance by Wayne Holden Williams on behalf of UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT, UNITED STATES ARMY (Williams, Wayne) (Entered: 12/04/2014)
2014-12-04	6	Consent MOTION for Extension of Time to File Answer re 4 Amended Complaint by UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT, UNITED STATES ARMY (Attachments: # 1 Text of Proposed Order)(Williams, Wayne) (Entered: 12/04/2014)
2014-12-05		MINUTE ORDER: Granting 6 Consent Motion for Extension of Time to Answer. Defendants shall answer or otherwise respond to the complaint by January 5, 2015. Signed by Judge Tanya S. Chutkan on 12/5/14. (DJS) (Entered: 12/05/2014)
2015-01-05	7	ANSWER to 4 Amended Complaint by UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT, UNITED STATES ARMY. Related document: 4 Amended Complaint filed by GREGORY JAMES CONWAY.(Williams, Wayne) (Entered: 01/05/2015)
2015-01-05	8	MOTION for Summary Judgment by UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT, UNITED STATES ARMY (Attachments: # 1 Statement of Facts, # 2 Exhibit Defense Exhibit 1, # 3 Exhibit Defense Exhibit 2, # 4 Exhibit Defense Exhibit 3, # 5 Exhibit Defense Exhibit 4, # 6 Exhibit Defense Exhibit 5, # 7 Text of Proposed Order)(Williams, Wayne) (Entered: 01/05/2015)
2015-01-19	9	Consent MOTION for Extension of Time to File Response/Reply as to 8 MOTION for Summary Judgment by GREGORY JAMES CONWAY (Attachments: # 1 Text of Proposed Order)(Stotter, Daniel) (Entered: 01/19/2015)
2015-01-20		MINUTE ORDER: Granting 9 Consent Motion for Extension of Time to File Response/Reply as to 8 MOTION for Summary Judgment. Plaintiff's Response due by 2/6/2015. Signed by Judge Tanya S. Chutkan on 1/20/15. (DJS) (Entered: 01/20/2015)
2015-01-20		Set/Reset Deadlines: Response to Motion for Summary Judgment due by 2/6/2015. (sm) (Entered: 01/20/2015)
2015-02-03	10	RESPONSE re 8 MOTION for Summary Judgment filed by GREGORY JAMES CONWAY. (Attachments: # 1 Statement of Facts, # 2 Declaration Declaration of Gregory James Conway and Exhibits A-G, # 3 Text of Proposed Order)(Stotter, Daniel) (Entered: 02/03/2015)
2015-02-03	11	MOTION for Summary Judgment by GREGORY JAMES CONWAY (Attachments: # 1 Statement of Facts, # 2 Declaration Declaration of Gregory James Conway and Exhibits A-G, # 3 Text of Proposed Order)(Stotter, Daniel) (Entered: 02/03/2015)
2015-02-19	12	Consent MOTION for Extension of Time to File Response/Reply as to 11 MOTION for Summary Judgment , 8 MOTION for Summary Judgment by UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT, UNITED STATES ARMY (Attachments: # 1 Text of Proposed Order)(Williams, Wayne) (Entered: 02/19/2015)
2015-02-20		ORDER granting 12 Motion for Extension of Time to File Response/Reply. Defendant shall file its reply to 8 its motion for summary judgment and its opposition to 11 Plaintiff's cross-motion for summary judgment not later than March 13, 2015. The Court will view further requests for extensions with disfavor. Signed by Judge Tanya S. Chutkan on 2/20/15. (lctsc3) (Entered: 02/20/2015)
2015-02-23		Set/Reset Deadlines: Reply to Motion for Summary Judgment and Opposition to Plaintiff's Cross-Motion due by 3/13/2015. (sm) (Entered: 02/23/2015)
2015-03-13	13	REPLY to opposition to motion re 8 MOTION for Summary Judgment filed by UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT, UNITED STATES ARMY. (Attachments: # 1 Statement of Facts, # 2 Exhibit Def Exh 6 Collins Supp Decl, # 3 Exhibit Def Exh 7 Winston Supp Decl)(Williams, Wayne) (Entered: 03/13/2015)
2015-03-13	14	Memorandum in opposition to re 11 MOTION for Summary Judgment filed by UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT, UNITED STATES ARMY. (Attachments: # 1 Statement of Facts, # 2 Exhibit Def Exh 6 Collins Supp Decl, # 3 Exhibit Def Exh 7 Winston Supp Decl, # 4 Text of Proposed Order)(Williams, Wayne) (Entered: 03/13/2015)
2015-03-13	15	Consent MOTION for Extension of Time to File Response/Reply PLAINTIFF'S REPLY IN SUPPORT OF PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT by GREGORY JAMES CONWAY (Attachments: # 1 Text of Proposed Order)(Stotter, Daniel) (Entered: 03/13/2015)
2015-03-17		MINUTE ORDER granting 15 Motion for Extension of Time to File Reply to Plaintiff's Motion for Summary Judgment. Plaintiff shall file his reply not later than March 30, 2015. Signed by Judge Tanya S. Chutkan on 3/17/15. (lctsc3) (Entered: 03/17/2015)
2015-03-18		Set/Reset Deadlines: Reply to Motion for Summary Judgment due by 3/30/2015. (sm) (Entered: 03/18/2015)
2015-03-30	16	REPLY to opposition to motion re 11 MOTION for Summary Judgment filed by GREGORY JAMES CONWAY. (Stotter, Daniel) (Entered: 03/30/2015)
2015-04-17	17	NOTICE OF SUBSTITUTION OF COUNSEL by Derrick Wayne Grace on behalf of All Defendants Substituting for attorney Wayne Williams (Grace, Derrick) (Entered: 04/17/2015)
2015-08-17	18	MEMORANDUM AND OPINION. Signed by Judge Tanya S. Chutkan on 8/17/15. (lctsc3) (Entered: 08/17/2015)
2015-08-17	19	ORDER denying without prejudice 8 Motion for Summary Judgment and denying without prejudice 11 Motion for Summary Judgment. Not later than August 31, 2015 the parties shall submit a joint status report setting forth a proposed schedule (or, if the parties cannot agree, each partys proposed schedule) for moving forward with this matter. Signed by Judge Tanya S. Chutkan on 8/17/15. (lctsc3) (Entered: 08/17/2015)
2015-08-17		Set/Reset Deadlines: Status Report due by 8/31/2015. (zsm) (Entered: 08/17/2015)
2015-08-26	20	Joint STATUS REPORT by UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT, UNITED STATES ARMY. (Grace, Derrick) (Entered: 08/26/2015)
2015-08-27		MINUTE ORDER: Having considered the Status Report filed by the parties 20 , it is hereby ordered that the parties shall file a joint Status Report, along with a proposed schedule and proposed order not later than October 15, 2015. Signed by Judge Tanya S. Chutkan on 8/27/15. (DJS) (Entered: 08/27/2015)
2015-08-31		Set/Reset Deadlines: Status Report due by 10/15/2015. (zsm) (Entered: 08/31/2015)
2015-10-15	21	Joint STATUS REPORT by UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT, UNITED STATES ARMY. (Grace, Derrick) (Entered: 10/15/2015)
2015-10-18		MINUTE ORDER: Having considered the Status Report filed by the parties 21 , it is hereby ordered that the parties shall file a Joint Status Report, along with a proposed schedule and PROPOSED ORDER not later than 4:00 p.m. on 11/5/15. In the absence of a timely proposed schedule and order, the parties shall appear at a status conference on 11/6/15 at 10:00 a.m. Counsel from the UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT, as well as counsel from the UNITED STATES ARMY or some other agency employee from both agencies with personal knowledge of the agency's search and production efforts shall personally appear at the status conference. Signed by Judge Tanya S. Chutkan on 10/18/15. (DJS) (Entered: 10/18/2015)
2015-10-19		Set/Reset Deadlines/Hearings: Status Report due by 11/5/2015. Status Conference set for 11/6/2015 at 10:00 AM in Courtroom 2 before Judge Tanya S. Chutkan. (zsm) (Entered: 10/19/2015)
2015-11-02	22	Joint STATUS REPORT by UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT, UNITED STATES ARMY. (Grace, Derrick) (Entered: 11/02/2015)
2015-11-03		MINUTE ORDER: Having considered the status report 22 filed by the parties, it is hereby ordered that no later than November 19, 2015 the parties shall file a Joint Stipulation of Dismissal or a proposed briefing schedule, along with a proposed order, to address any remaining fee dispute. Signed by Judge Tanya S. Chutkan on 11/3/15. (DJS) (Entered: 11/03/2015)
2015-11-03		Set/Reset Deadlines: Proposed Briefing Schedule due by 11/19/2015 (zsm) (Entered: 11/03/2015)
2015-11-03		MINUTE ORDER: The status conference previously set for 11/6/15 is hereby VACATED. Signed by Judge Tanya S. Chutkan on 11/3/15. (DJS) (Entered: 11/03/2015)
2015-11-17	23	STIPULATION of Dismissal and settlement by UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT, UNITED STATES ARMY. (Grace, Derrick) (Entered: 11/17/2015)
2015-11-18	24	ORDER OF DISMISSAL: In light of the Joint Stipulation of Dismissal filed by the parties 23 , this action is hereby dismissed with prejudice pursuant to Fed. R. Civ. P. 41(a)(1)(A)(ii). Signed by Judge Tanya S. Chutkan on 11/17/15. (DJS) (Entered: 11/18/2015)
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