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Case TitleService Women's Action Network et al v. Defense
DistrictDistrict of Connecticut
CityNew Haven
Case Number3:2015cv00137
Date Filed2015-02-03
Date Closed2016-06-17
JudgeJudge Stefan R. Underhill
PlaintiffService Women's Action Network
PlaintiffAmerican Civil Liberties Union
PlaintiffAmerican Civil Liberties Union of Connecticut
Case DescriptionThe Service Women's Action Network, the ACLU , and the ACLU of Connecticut submitted FOIA requests to the Department of Defense for records concerning gender disparity at military service academies. Requests were sent to the U.S. Military Academy, the U.S. Naval Academy, and the U.S. Air Force Academy. While the parties exchanged a series of emails, only the Naval Academy had disclosed any records by the time the plaintiffs filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Attorney's fees

DefendantDepartment of Defense U.S.
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2015-02-031COMPLAINT against All Defendants ( Filing fee $400 receipt number 0205-3497028.), filed by Service Women's Action Network. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit)(Wishnie, Michael) (Entered: 02/03/2015)
2015-02-03Judge Stefan R. Underhill added. (Lynch, K.) (Entered: 02/03/2015)
2015-02-032ELECTRONIC FILING ORDER - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER Signed by Judge Stefan R. Underhill on 2/3/2015.(Fazekas, J.) (Entered: 02/03/2015)
2015-02-033STANDING PROTECTIVE ORDER Signed by Judge Stefan R. Underhill on 2/3/2015.(Fazekas, J.) (Entered: 02/03/2015)
2015-02-034NOTICE TO COUNSEL: Counsel initiating or removing this action is responsible for serving all parties with attached documents and copies of 3 Standing Protective Order, 1 Complaint filed by Service Women's Action Network, 2 Electronic Filing Order Signed by Clerk on 2/3/2015.(Fazekas, J.) (Entered: 02/03/2015)
2015-02-035NOTICE of Appearance by Sandra J. Staub on behalf of American Civil Liberties Union, American Civil Liberties Union of Connecticut, Service Women's Action Network (Staub, Sandra) (Entered: 02/03/2015)
2015-02-036MOTION for Attorney(s) Lenora M. Lapidus to be Admitted Pro Hac Vice (paid $75 PHV fee; receipt number 0205-3497636) by American Civil Liberties Union, American Civil Liberties Union of Connecticut, Service Women's Action Network. (Attachments: # 1 Affidavit)(Staub, Sandra) (Entered: 02/03/2015)
2015-02-037MOTION for Attorney(s) Ariela M. Migdal to be Admitted Pro Hac Vice (paid $75 PHV fee; receipt number 0205-3497649) by American Civil Liberties Union, American Civil Liberties Union of Connecticut, Service Women's Action Network. (Attachments: # 1 Affidavit)(Staub, Sandra) (Entered: 02/03/2015)
2015-02-038NOTICE of Appearance by David J. McGuire on behalf of American Civil Liberties Union, American Civil Liberties Union of Connecticut, Service Women's Action Network (McGuire, David) (Entered: 02/03/2015)
2015-02-04Request for Clerk to issue summons as to Department of Defense. (Wishnie, Michael) (Entered: 02/04/2015)
2015-02-049ORDER granting 6 Motion for Attorney Lenora M. Lapidus to Appear Pro Hac Vice. Attorney Lenora M. Lapidus for American Civil Liberties Union, American Civil Liberties Union of Connecticut, Service Women's Action Network added.; granting 7 Motion for Attorney Ariela M. Migdal to Appear Pro Hac Vice. Attorney Ariela M. Migdal for American Civil Liberties Union, American Civil Liberties Union of Connecticut, Service Women's Action Network added. Certificate of Good Standing due by 4/5/2015. Signed by Clerk on 2/4/2015. (Oliver, T.) (Entered: 02/04/2015)
2015-02-0410ENTERED IN ERROR - ELECTRONIC SUMMONS ISSUED in accordance with Fed. R. Civ. P. 4 and LR 4 as to *Department of Defense* with answer to complaint due within *60* days. Attorney *Michael J. Wishnie* *Jerome N. Frank Legal Services - Wall St* *Yale Law School 127 Wall Street* *New Haven, CT 06511*. (Oliver, T.) Modified on 2/4/2015 (Oliver, T.). (Entered: 02/04/2015)
2015-02-0411ELECTRONIC SUMMONS ISSUED in accordance with FOIA statute, 5 U.S.C. 552 as to *Department of Defense* with answer to complaint due within *30* days. Attorney *Michael J. Wishnie* *Jerome N. Frank Legal Services - Wall St* *Yale Law School 127 Wall Street* *New Haven, CT 06511*. (Oliver, T.) Modified on 2/5/2015 TO CORRECT THE RULE (Oliver, T.). (Entered: 02/04/2015)
2015-02-04Docket Entry Correction re 10 Electronic Summons Issued MODIFIED TO NOTE THE ENTRY AS ENTERED IN ERROR AND REDOCKETED AS DOC 11 (Oliver, T.) (Entered: 02/04/2015)
2015-02-1812NOTICE of Appearance by Lenora M. Lapidus on behalf of American Civil Liberties Union, American Civil Liberties Union of Connecticut, Service Women's Action Network (Lapidus, Lenora) (Entered: 02/18/2015)
2015-02-1813NOTICE of Appearance by Ariela M. Migdal on behalf of American Civil Liberties Union, American Civil Liberties Union of Connecticut, Service Women's Action Network (Migdal, Ariela) (Entered: 02/18/2015)
2015-02-2414MOTION for Sandra J. Staub to Withdraw as Attorney by American Civil Liberties Union, American Civil Liberties Union of Connecticut, Service Women's Action Network. (Staub, Sandra) (Entered: 02/24/2015)
2015-02-2715ORDER granting 14 Motion to Withdraw as Attorney. Attorney Sandra J. Staub terminated. Signed by Judge Stefan R. Underhill on 2/27/2015. (Freuden, S.) (Entered: 02/27/2015)
2015-03-2016NOTICE of Appearance by Emily B. Nestler on behalf of Department of Defense (Nestler, Emily) (Entered: 03/20/2015)
2015-03-2017NOTICE of Appearance by Emily B. Nestler on behalf of Department of Defense (Nestler, Emily) (Entered: 03/20/2015)
2015-03-2018Defendant's ANSWER to 1 Complaint with Affirmative Defenses by Department of Defense. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7)(Nestler, Emily) (Entered: 03/20/2015)
2015-03-2719NOTICE of Appearance by Vanessa Roberts Avery on behalf of Department of Defense (Avery, Vanessa) (Entered: 03/27/2015)
2015-04-0120CERTIFICATE OF GOOD STANDING re 7 MOTION for Attorney(s) Ariela M. Migdal to be Admitted Pro Hac Vice (paid $75 PHV fee; receipt number 0205-3497649) by American Civil Liberties Union, American Civil Liberties Union of Connecticut, Service Women's Action Network. (Migdal, Ariela) (Entered: 04/01/2015)
2015-04-0121CERTIFICATE OF GOOD STANDING re 6 MOTION for Attorney(s) Lenora M. Lapidus to be Admitted Pro Hac Vice (paid $75 PHV fee; receipt number 0205-3497636) by American Civil Liberties Union, American Civil Liberties Union of Connecticut, Service Women's Action Network. (Lapidus, Lenora) (Entered: 04/01/2015)
2015-04-0722NOTICE of Appearance by Bethany Yue-Ping Li on behalf of American Civil Liberties Union, American Civil Liberties Union of Connecticut, Service Women's Action Network (Li, Bethany) (Entered: 04/07/2015)
2015-04-0823MOTION for Leave to Appear Law Student Intern by American Civil Liberties Union, American Civil Liberties Union of Connecticut, Service Women's Action Network. (Wishnie, Michael) (Entered: 04/08/2015)
2015-04-0824NOTICE OF E-FILED CALENDAR: THIS IS THE ONLY NOTICE COUNSEL/THE PARTIES WILL RECEIVE.ALL PERSONS ENTERING THE COURTHOUSE MUST PRESENT PHOTO IDENTIFICATION., Set Deadlines/Hearings: In Person Status Conference set for 4/24/2015 03:00 PM in Chambers Room 411, 915 Lafayette Blvd., Bridgeport, CT before Judge Stefan R. Underhill (Freuden, S.) (Entered: 04/08/2015)
2015-04-1025ORDER granting 23 Motion for Leave for Law Student Interns to Appear. Signed by Judge Stefan R. Underhill on 4/10/2015. (Freuden, S.) (Entered: 04/10/2015)
2015-04-2426Minute Entry for Proceedings Held Before Judge Stefan R. Underhill: Status Conference held on 4/24/2015. Total Time: 1 hour (Court Reporter Susan Catucci). (Pannu, C.) (Entered: 04/24/2015)
2015-05-0127MEMORANDUM of Scheduling Conference, ORDER. (Dispositive Motions due by 9/21/2015). Signed by Judge Stefan R. Underhill on 5/1/2015.(Freuden, S.) (Entered: 05/01/2015)
2015-05-1828MOTION to Withdraw as Attorney law student Ashley Anderson by Service Women's Action Network. (Wishnie, Michael) (Entered: 05/18/2015)
2015-05-1929ORDER granting 28 Motion to Withdraw as Attorney.. Signed by Judge Stefan R. Underhill on 5/19/2015. (Freuden, S.) (Entered: 05/19/2015)
2015-06-2330First STATUS REPORT by Department of Defense. (Nestler, Emily) (Entered: 06/23/2015)
2015-07-2131MOTION for Ariela Migdal to Withdraw as Attorney by American Civil Liberties Union, American Civil Liberties Union of Connecticut, Service Women's Action Network. (Migdal, Ariela) (Entered: 07/21/2015)
2015-07-2332Second STATUS REPORT by Department of Defense. (Nestler, Emily) (Entered: 07/23/2015)
2015-07-2833ORDER granting 31 Motion to Withdraw as Attorney. Attorney Ariela M. Migdal terminated. Signed by Judge Stefan R. Underhill on 7/28/2015. (Freuden, S.) (Entered: 07/28/2015)
2015-08-2434Consent MOTION for Extension of Time until August 28, 2015 for Defendant to submit to Plaintiff its Search Declarations and Vaughn Index 27 Memorandum of Conference, Order, Set Deadlines/Hearings by Department of Defense. (Nestler, Emily) (Entered: 08/24/2015)
2015-08-2535ORDER granting 34 Motion for Extension of Time to 8/28/2015 for Defendant to submit Search Declarations and Vaughn Index. Signed by Judge Stefan R. Underhill on 8/25/2015. (Landman, M) (Entered: 08/25/2015)
2015-09-1836Joint MOTION for Extension of Time until October 21, 2015 and November 11, 2015 for the Parties' Dispositive Motion 27 Memorandum of Conference, Order, Set Deadlines/Hearings by Department of Defense. (Nestler, Emily) (Entered: 09/18/2015)
2015-09-2137ORDER granting 36 Motion for Extension of Time regarding Dispositive Motion Deadlines set in 27 Memorandum of Conference, Order. Signed by Judge Stefan R. Underhill on 9/21/2015. (Landman, M) (Entered: 09/21/2015)
2015-09-21Set Deadlines/Hearings: Defendant shall file any dispositive motion by no later than October 21, 2015; Plaintiffs shall respond to Defendants motion and file any cross motion by no later than November 11, 2015; Defendant shall file a reply in support of any dispositive motion, and a response to any cross motion filed by Plaintiffs, by no later than December 3, 2015; Plaintiffs shall file a reply in support of any cross motion by no later than December 21, 2015. (Landman, M) (Entered: 09/21/2015)
2015-10-1638Consent MOTION for Extension of Time until December 18, 2015 regarding Dispositive Motions 37 Order on Motion for Extension of Time by Department of Defense. (Nestler, Emily) (Entered: 10/16/2015)
2015-10-2139ORDER granting 38 Motion for Extension of Time re 27 Memorandum of Conference, Order. Defendant shall file all dispositive motions by 12/18/2015 and Plaintiffs shall file responses and/or cross motions by 1/29/16. Signed by Judge Stefan R. Underhill on 10/21/2015. (Landman, M) (Entered: 10/21/2015)
2015-10-22Set Deadlines/Hearings: Defendant's Dispositive Motions due by 12/18/2015; Plaintiffs' response and/or cross motions due 1/29/2016. (Landman, M) (Entered: 10/22/2015)
2015-12-1740Joint MOTION for Extension of Time until January 29, 2016 Dispositive Motions by Department of Defense. (Nestler, Emily) (Entered: 12/17/2015)
2015-12-1841ORDER granting 40 Motion for Extension of Time. Signed by Judge Stefan R. Underhill on 12/18/2015. (Landman, M) (Entered: 12/18/2015)
2015-12-18Set Deadlines/Hearings: Dispositive Motions due by 1/29/2016. (Landman, M) (Entered: 12/18/2015)
2016-01-2842Joint MOTION for Extension of Time until 2/5/2015 for Defendant's Motion for Summary Judgment and related briefing schedule Set Deadlines/Hearings by Department of Defense. (Nestler, Emily) (Entered: 01/28/2016)
2016-01-3043ORDER granting 42 Motion for Extension of Time. Signed by Judge Stefan R. Underhill on 1/30/2016. (Landman, M) (Entered: 01/30/2016)
2016-01-30Set Deadlines/Hearings: Defendant's Dispositive Motions due by 2/5/2016, Plaintiffs' Response/Cross Motions due by 3/4/2016, Defendant's Response/Reply due by 4/7/2016, Plaintiffs' Reply due by 4/21/2016. (Landman, M) (Entered: 01/30/2016)
2016-02-0544Joint MOTION for Extension of Time until 03/04/2016 for Defendant's Motion for Summary Judgment and Related Briefing 43 Order on Motion for Extension of Time by Department of Defense. (Nestler, Emily) (Entered: 02/05/2016)
2016-02-0845NOTICE of Appearance by Jason Parkin on behalf of American Civil Liberties Union, American Civil Liberties Union of Connecticut, Service Women's Action Network (Parkin, Jason) (Entered: 02/08/2016)
2016-02-0946ORDER granting 44 Motion for Extension of Time. Signed by Judge Stefan R. Underhill on 2/9/2016. (Landman, M) (Entered: 02/09/2016)
2016-02-09Set Deadlines/Hearings: Defendant's Dispositive Motions due by 3/4/2016, Plaintiffs' Response/Cross Motions due by 4/1/2016, Defendant's Response/Reply due by 4/29/2016, Plaintiffs' Reply due by 5/20/2016. (Landman, M) (Entered: 02/09/2016)
2016-02-2947Joint MOTION for Extension of Time until April 18, 2016 for Dispositive Motions 46 Order on Motion for Extension of Time by Department of Defense. (Nestler, Emily) (Entered: 02/29/2016)
2016-03-0448ORDER granting 47 Motion for Extension of Time. Signed by Judge Stefan R. Underhill on 3/4/2016. (Landman, M) (Entered: 03/04/2016)
2016-03-04Set Deadlines/Hearings: Defendant's Dispositive Motions due by 4/18/2016, Plaintiffs' Response/Cross Motions due by 5/20/2016, Defendant's Response/Reply due by 6/10/2016, Plaintiffs' Reply due by 7/1/2016. (Landman, M) (Entered: 03/04/2016)
2016-04-1449Joint MOTION to Vacate Briefing Schedule by Department of Defense. (Nestler, Emily) (Entered: 04/14/2016)
2016-04-1550ORDER granting 49 Motion to Vacate. Signed by Judge Stefan R. Underhill on 4/15/2016. (Landman, M) (Entered: 04/15/2016)
2016-04-15Set Deadlines/Hearings: Dispositive Motions due by 6/20/2016; Status Report due by 6/20/2016. (Landman, M) (Entered: 04/15/2016)
2016-06-1751STIPULATION of Dismissal by American Civil Liberties Union, American Civil Liberties Union of Connecticut, Service Women's Action Network. (Li, Bethany) (Entered: 06/17/2016)
2016-06-17JUDICIAL PROCEEDINGS SURVEY: The following link to the confidential survey requires you to log into CM/ECF for SECURITY purposes. Once in CM/ECF you will be prompted for the case number. Although you are receiving this survey through CM/ECF, it is hosted on an independent website called SurveyMonkey. Once in SurveyMonkey, the survey is located in a secure account. The survey is not docketed and it is not sent directly to the judge. To ensure anonymity, completed surveys are held up to 90 days before they are sent to the judge for review. We hope you will take this opportunity to participate, please click on this link: https://ecf.ctd.uscourts.gov/cgi-bin/Dispatch.pl?survey (Oliver, T.) (Entered: 06/20/2016)
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