Skip to content

Case Detail

[Subscribe to updates]
Case TitleKELLY v. UNITED STATES OF AMERICA, DEPARTMENT OF DEFENSE
DistrictWestern District of Pennsylvania
CityPittsburgh
Case Number2:2015cv00409
Date Filed2015-03-25
Date Closed2015-07-09
JudgeJudge Terrence F. McVerry
PlaintiffMATTHEW R. KELLY
Case DescriptionMatthew Kelly submitted a FOIA request to the Naval Academy for all records concerning his arrest by the Annapolis police which led to his discharge from the Navy. The Naval Academy provided some records but withheld others. Kelly appealed, arguing that the search was insufficient and that names of officers involved should not be redacted. He also submitted two FOIA requests, one to the Legal Counsel at the Naval Academy, and the other to the Naval Personnel Center, for the same records. The Legal Counsel did not respond. The Naval Personnel Center told Kelly the disclosability of the records needed to be decided upon by the Naval Academy. Kelly then filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantUNITED STATES OF AMERICA, DEPARTMENT OF DEFENSE
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
Complaint attachment 7
Complaint attachment 8
Complaint attachment 9
Complaint attachment 10
Complaint attachment 11
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2015-03-251COMPLAINT against UNITED STATES OF AMERICA, DEPARTMENT OF DEFENSE (Filing fee, including Administrative fee, $400, receipt number 0315-3528584), filed by MATTHEW R. KELLY. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I, # 11 Summons) (jsp) (Entered: 03/25/2015)
2015-03-25Summons Issued as to UNITED STATES OF AMERICA, DEPARTMENT OF DEFENSE. (jsp) (Entered: 03/25/2015)
2015-03-262NOTICE that instant civil action has been designated for placement into the United States District Court's Alternative Dispute Resolution program. Parties are directed to fully complete the required 26(f) report, which includes the stipulation of selecting an ADR process. Counsel for plaintiff (or in the case of a removal action, counsel for removing defendant) shall make service of the notice on all parties. (kly) (Entered: 03/26/2015)
2015-04-153NOTICE of Appearance by Jennifer R. Andrade on behalf of UNITED STATES OF AMERICA, DEPARTMENT OF DEFENSE. (Andrade, Jennifer) (Entered: 04/15/2015)
2015-04-244MOTION for Extension of Time to File Answer re 1 Complaint, filed by MATTHEW R. KELLY by UNITED STATES OF AMERICA, DEPARTMENT OF DEFENSE. (Attachments: # 1 Proposed Order) (Andrade, Jennifer) (Entered: 04/24/2015)
2015-04-275ORDER granting 4 Motion for Extension of Time to Answer. Answer due by 5/27/2015. Signed by Judge Terrence F. McVerry on 4/27/2015. (kly) (Entered: 04/27/2015)
2015-04-286AFFIDAVIT of Service for Complaint served on Secretary of Defense on 03/30/2015, filed by MATTHEW R. KELLY. (Manne, Jason) Modified on 4/30/2015. (jsp) (Entered: 04/28/2015)
2015-05-277MOTION for Extension of Time to File Answer re 1 Complaint, filed by MATTHEW R. KELLY by UNITED STATES OF AMERICA, DEPARTMENT OF DEFENSE. (Attachments: # 1 Proposed Order) (Andrade, Jennifer) (Entered: 05/27/2015)
2015-05-288ORDER granting 7 Motion for Extension of Time to Answer. Answer shall be filed by 6/3/2015. Signed by Judge Terrence F. McVerry on 5/28/2015. (kly) (Entered: 05/28/2015)
2015-06-019MOTION to Dismiss for Lack of Jurisdiction or in the Alternative , MOTION for Summary Judgment by UNITED STATES OF AMERICA, DEPARTMENT OF DEFENSE. (Attachments: # 1 Proposed Order) (Andrade, Jennifer) (Entered: 06/01/2015)
2015-06-0110BRIEF in Support re 9 Motion to Dismiss/Lack of Jurisdiction, Motion for Summary Judgment filed by UNITED STATES OF AMERICA, DEPARTMENT OF DEFENSE. (Attachments: # 1 Declaration of Lieutenant Griffin Farris, # 2 Declaration of Lieutenant Joanna Gonzales, # 3 Declaration of Lieutenant Anitra Joseph, # 4 Exhibit A (June 27, 2014 Request), # 5 Exhibit B (USNA July 9, 2014 Response), # 6 Exhibit C (USNA Oct. 3, 2014 Response), # 7 Exhibit D (USNA Oct. 6, 2014 Response), # 8 Exhibit E (FOIA Appeal), # 9 Exhibit F (FOIA Appeal Determination), # 10 Exhibit G (Aug. 25 & Oct. 6, 2014 Requests), # 11 Exhibit H (PSD Ft. Meade Oct. 10, 2014 Response), # 12 Exhibit J (PSD Ft. Meade Oct. 15, 2014 Response), # 13 Exhibit K (April 17, 2015 Letter to Plaintiff's Counsel), # 14 Exhibit L (April 17, 2015 E-mail to Defendants' Counsel with 2 Attachments)) (Andrade, Jennifer) (Entered: 06/01/2015)
2015-06-0211TEXT ORDER Response/Briefing Schedule re 9 Motion to Dismiss/Lack of Jurisdiction or in the Alternative Motion for Summary Judgment and 10 Brief in Support of Motion. Response to Motion due by 6/22/2015. Signed by Judge Terrence F. McVerry on 6/2/2015. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (kly) (Entered: 06/02/2015)
2015-06-1512BRIEF in Opposition re 9 Motion to Dismiss/Lack of Jurisdiction, Motion for Summary Judgment filed by MATTHEW R. KELLY. (Attachments: # 1 Exhibit Pts Ex 1 - Disputed Emails, # 2 Exhibit Pts Ex 2 - Navy Routine Disclosures, # 3 Exhibit Pfs Ex 3 - NPR Article) (Manne, Jason) (Entered: 06/15/2015)
2015-06-1513CORRECTRED Certificate of Service by MATTHEW R. KELLY. Amendment to 12 Brief in Opposition to Motion,. (Manne, Jason) (Entered: 06/15/2015)
2015-06-1914REPLY in Support to 9 Motion to Dismiss/Lack of Jurisdiction, Motion for Summary Judgment, filed by UNITED STATES OF AMERICA, DEPARTMENT OF DEFENSE. (Attachments: # 1 Declaration of Lieutenant Griffin Farris) (Andrade, Jennifer) (Entered: 06/19/2015)
2015-06-2415Sur-Reply Brief in Opposition re 9 Motion to Dismiss,or in the Alternative, Motion for Summary Judgment filed by MATTHEW R. KELLY. (Attachment: # 1 Exhibit Government email release) (Manne, Jason) Modified on 6/25/2015. (jsp) (Entered: 06/24/2015)
2015-07-0816Consent MOTION to Voluntarily Dismiss and to Set Deadline for Filing of Attorney Fee Petition by MATTHEW R. KELLY. (Attachment: # 1 Proposed Order) (Manne, Jason) Modified on 7/9/2015. (jsp) (Entered: 07/08/2015)
2015-07-0917ORDER granting 16 Motion to Dismiss. Signed by Judge Terrence F. McVerry on 7/9/2015. (kly) (Entered: 07/09/2015)
Hide Docket Events
by FOIA Project Staff
Skip to toolbar