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Case TitleFidell v. Defense
DistrictDistrict of Connecticut
CityNew Haven
Case Number3:2016cv00359
Date Filed2016-03-03
Date ClosedOpen
JudgeJudge Alvin W. Thompson
PlaintiffEugene R. Fidell
Case DescriptionEugene Fidell, who is representing Sergeant Bowe Bergdahl in his court-martial, submitted a FOIA request to the Department of Defense for all records concerning Bergdahl. Fidell asked for expedited processing. The agency told Fidell that his request fell within the category of unusual circumstances and that it would take a considerable amount of time to respond. Fidell appealed that response, but after hearing nothing further from the agency, he filed suit.
Complaint issues: Failure to respond within statutory time limit, Expedited processing, Litigation - Attorney's fees

DefendantDepartment of Defense
Documents
Docket
Complaint
Complaint attachment 1
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2016-03-031COMPLAINT against Department of Defense, filed by Eugene R. Fidell. (Attachments: # 1 Civil Cover Sheet)(Caffrey, A.) (Entered: 03/03/2016)
2016-03-03Filing fee received from Eugene R. Fidell: $ 400.00, receipt number CTXN00012601 (Caffrey, A.) (Entered: 03/03/2016)
2016-03-032ENTERED IN ERROR - Order on Pretrial Deadlines: Motions to Dismiss due on 6/3/2016. Amended Pleadings due by 5/2/2016 Discovery due by 9/2/2016 Dispositive Motions due by 10/2/2016 Signed by Clerk on 3/3/2016.(Caffrey, A.) Modified on 3/10/2016 to reflect order entered in error (Caffrey, A.). (Entered: 03/03/2016)
2016-03-033ELECTRONIC FILING ORDER - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER Signed by Judge Alvin W. Thompson on 3/3/2016.(Caffrey, A.) (Entered: 03/03/2016)
2016-03-034STANDING PROTECTIVE ORDER Signed by Judge Alvin W. Thompson on 3/3/2016.(Caffrey, A.) (Entered: 03/03/2016)
2016-03-035NOTICE TO COUNSEL: Counsel initiating or removing this action is responsible for serving all parties with attached documents and copies of 4 Protective Order, 1 Complaint filed by Eugene R. Fidell, 2 Order on Pretrial Deadlines, 3 Electronic Filing Order Signed by Clerk on 3/3/2016.(Caffrey, A.) (Entered: 03/03/2016)
2016-03-036ELECTRONIC SUMMONS ISSUED in accordance with Fed. R. Civ. P. 4 and LR 4 as to *Department of Defense* with answer to complaint due within *30* days. Attorney *Dennis E. Curtis* *403 St. Ronan Street* *New Haven, CT 06511*. (Caffrey, A.) (Entered: 03/03/2016)
2016-03-097SUMMONS Returned Executed by Eugene R. Fidell. Department of Defense served on 3/4/2016, answer due 4/4/2016. (Caffrey, A.) (Entered: 03/09/2016)
2016-03-10Docket Entry Correction re 2 Order on Pretrial Deadlines, order entered in error. (Caffrey, A.) (Entered: 03/10/2016)
2016-03-238NOTICE of Appearance by Carolyn Aiko Ikari on behalf of Department of Defense as local counsel (Ikari, Carolyn) (Entered: 03/23/2016)
2016-04-089NOTICE of Appearance by Kevin Matthew Snell on behalf of Department of Defense (Snell, Kevin) (Entered: 04/08/2016)
2016-04-0810First MOTION for Extension of Time until April 29, 2016 to Respond to Complaint by Department of Defense. (Snell, Kevin) (Entered: 04/08/2016)
2016-04-0811NOTICE by Department of Defense of Agreement to Extend Time to Respond to Complaint (Snell, Kevin) (Entered: 04/08/2016)
2016-04-1212ORDER: Motion for Extension of Time (Doc. No. 10 ) until April 29, 2016 to Respond to Complaint (Doc. No. 1 ) is hereby GRANTED. Signed by Clerk on 4/12/16. (Ferguson, L.) (Entered: 04/12/2016)
2016-04-12Answer deadline updated for Department of Defense to 4/29/2016. (Ferguson, L.) (Entered: 04/12/2016)
2016-04-2913MOTION to Dismiss for Lack of Jurisdiction in Part by Department of Defense.Responses due by 5/20/2016 (Attachments: # 1 Memorandum in Support, # 2 Exhibit Request, # 3 Exhibit Interim Response, # 4 Exhibit Appeal, # 5 Exhibit Appeal Response)(Snell, Kevin) (Entered: 04/29/2016)
2016-05-1014NOTICE of Appearance by Stephen Wizner on behalf of Eugene R. Fidell (Wizner, Stephen) (Entered: 05/10/2016)
2016-05-1015Memorandum in Opposition re 13 MOTION to Dismiss for Lack of Jurisdiction in Part filed by Eugene R. Fidell. (Wizner, Stephen) (Entered: 05/10/2016)
2016-05-2416REPLY to Response to 13 MOTION to Dismiss for Lack of Jurisdiction in Part filed by Department of Defense. (Snell, Kevin) (Entered: 05/24/2016)
2016-06-1517Joint STATUS REPORT by Department of Defense. (Snell, Kevin) (Entered: 06/15/2016)
2016-06-1718ORDER: The parties' Joint Status Report (Doc. No. 17 ) is hereby APPROVED. The parties shall file a joint status report by August 22, 2016. It is so ordered. Signed by Judge Alvin W. Thompson on 6/17/2016. (Rock, E) (Entered: 06/17/2016)
2016-06-17Set Deadlines: Joint Status Report due by 8/22/2016 (Ferguson, L.) (Entered: 06/20/2016)
2016-08-1919Joint STATUS REPORT by Department of Defense. (Snell, Kevin) (Entered: 08/19/2016)
2016-08-2520ORDER: The Joint Status Report (Doc. No. 19 ) is hereby APPROVED. The parties shall file a joint status report by September 19, 2016. It is so ordered. Signed by Judge Alvin W. Thompson on 8/25/2016. (Rock, E) (Entered: 08/25/2016)
2016-08-2521ORDER: Defendant's Partial Motion to Dismiss (Doc. No. 13 ) is hereby DENIED as moot. See Doc. No. 19 . It is so ordered. Signed by Judge Alvin W. Thompson on 8/25/2016. (Rock, E) (Entered: 08/25/2016)
2016-09-1922Joint STATUS REPORT by Department of Defense. (Snell, Kevin) (Entered: 09/19/2016)
2016-09-2123ORDER: The Parties' Joint Status Report (Doc. No. 22 ) is hereby APPROVED. The parties shall submit an updated status report by 9/29/16. It is so ordered. Signed by Judge Alvin W. Thompson on 9/21/16. (Rafferty, M.) (Entered: 09/21/2016)
2016-09-21Set Deadlines: Status Report due by 9/29/2016 (Ferguson, L.) (Entered: 09/23/2016)
2016-09-2924Joint STATUS REPORT by Department of Defense. (Snell, Kevin) (Entered: 09/29/2016)
2016-10-0325ORDER: The parties' Joint Status Report (Doc. No. 24 ) is hereby APPROVED. The parties shall file a status report by October 21, 2016, if they have not filed a joint stipulation of dismissal with prejudice before that date. It is so ordered. Signed by Judge Alvin W. Thompson on 10/3/16. (Rafferty, M.) (Entered: 10/03/2016)
2016-10-03Set Deadlines: Status Report due by 10/21/2016 (Ferguson, L.) (Entered: 10/05/2016)
2016-10-2026Joint STATUS REPORT by Department of Defense. (Snell, Kevin) (Entered: 10/20/2016)
2016-10-3127ORDER: The parties' Joint Status Report is hereby APPROVED. The parties shall file a status report by November 10, 2016, if they have not filed a joint stipulation of dismissal with prejudice before that date. It is so ordered. Signed by Judge Alvin W. Thompson on 10/31/16. (Rafferty, M.) (Entered: 10/31/2016)
2016-10-31Set Deadlines: Status Report due by 11/10/2016 (Ferguson, L.) (Entered: 11/01/2016)
2016-11-1028STIPULATION of Dismissal of Joint With Prejudice by Eugene R. Fidell. (Wizner, Stephen) (Entered: 11/10/2016)
2016-11-2329ORDER: The Joint Stipulation of Dismissal With Prejudice (Doc. No. 28 ) is hereby APPROVED. This case is dismissed with prejudice and each party shall bear its own fees and costs. The Clerk shall close this case. It is so ordered. Signed by Judge Alvin W. Thompson on 11/23/16. (Rafferty, M.) (Entered: 11/23/2016)
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