Case Detail

FOIA Project Annotation: On remand from the Eleventh Circuit, a federal court in Georgia has ruled that the Department of the Navy has provided author Thomas Sikes all the relief to which he was entitled by re-disclosing the same 11 pages with redactions of materials found in the vehicle used by Admiral J.M. Boorda, then Chief of Naval Operations, who committed suicide in 1996. Sikes had requested records about the investigation of Boorda's suicide by the Naval Criminal Investigative Service. He received some documents, including the 11 redacted pages found in Boorda's vehicle. But in response to a subsequent request for all materials, the Navy refused to provide the 11 pages because he had already received them as part of an earlier request. Sikes filed suit and the district court upheld the agency's decision. Sikes then appealed to the Eleventh Circuit, which ruled that the Navy could not refuse to process the subsequent request based solely on its claim that it had already provided those records to Sikes and ordered the Navy to process the request. The Navy conducted an electronic-records search and came up with the same 11 pages, which it disclosed with the original redactions. This time, the Navy argued that Sikes could not challenge the agency's response to Sikes' earlier request that located the 11 pages because of res judicata. The trial court disagreed, noting that "the Navy's response to [Sikes' subsequent request that included the 11 pages] must be assessed independently. Indeed, the Eleventh Circuit went on to point out that the Navy did not just give Plaintiff the same eleven pages, rather, the Navy provided no records to Plaintiff in response to [the subsequent request]. Thus, Plaintiff's claim in the instant case did not challenge the adequacy of the Navy's production in the [original request] from Sikes I. Instead, Plaintiff's claim in this case challenged the Navy's non-response to [the subsequent request]. Nothing that occurred in Sikes I addressed this issue, and therefore, Plaintiff's claim here is not precluded." While the court found the Navy had conducted an adequate search and responded appropriately to Sikes' specific request that had been remanded by the Eleventh Circuit, Sikes argued that the agency's responses to other of his requests supported a finding of bad faith on the part of the agency. The court rejected Sikes' claim of bad faith, noting that "only the conduct of the Navy in withholding documents in this case informs the analysis of whether the Navy has acted in bad faith. Here, the Navy withheld responsive documents because it believed it had no obligation to reproduce documents to the same requester. In fact, this Court agreed with this position, until the Eleventh Circuit Court of Appeals reversed this ruling in a published opinion. Once the Navy's position was rejected, it immediately responded to [the disputed request]. There is no evidence of bad faith here, and this Court's findings in Sikes I are irrelevant." Sikes claimed that the agency had failed to certify the authenticity of the records, pointing to the agency's regulations providing for such a service. Noting that the provision addressing certification of records had been removed from the Navy's FOIA regulations prior to processing of the request, the court observed that "there is no requirement for providing a certificate of authenticity or any other type of certification within these governing regulations."
Issues: Adequacy - Search

FOIA Project Annotation: A federal court in Georgia rejected Thomas Sikes' request for attorney's fees to cover the costs of representing him on appeal to the Eleventh Circuit. Sikes, representing himself in district court, requested records concerning the Navy's investigation of the suicide of Admiral J.M. Boorda, who at the time of his death was Chief of Naval Operations. The Navy provided some of the records requested, but refused to process a second request, contending it was duplicative. Sikes appealed, where he was represented by counsel, and the Eleventh Circuit ruled that the Navy could not reject a request solely because it was duplicative. On remand, the district court ruled that the Navy had complied with Sikes' request by re-releasing the records. Rejecting Sikes' request for his counsel's appellate fees, the court found that Sikes' victory on the issue of duplication was not a public interest worthy of a fee award.
Issues: Litigation - Attorney's fees - Entitlement - Reasonable Basis for Withholding

Date Filed	Doc #	Docket Text
2016-09-29	1	COMPLAINT against United States Department of the Navy, filed by Thomas W. Sikes. (Exhibits listed on the last page are contained on a flash drive. The flash drive can be located in the exhibit drawer in the back of the Clerk's office.)(cmr) (Entered: 09/30/2016)
2016-09-29	2	MOTION for Leave to File Excess Pages by Thomas W. Sikes. REFERRED to Judge Brian K. Epps.(cmr) (Entered: 09/30/2016)
2016-09-29		RECEIPT FOR INSTRUCTIONS. Receipt of Monies: $ 400.00, Receipt number AUG020930. (cmr) (Entered: 09/30/2016)
2016-09-30	3	RULE 26 INSTRUCTION ORDER. Signed by Magistrate Judge Brian K. Epps on 9/29/16. (cmr) (Entered: 09/30/2016)
2016-10-07	4	ORDER denying 2 Motion for Leave to File Excess Pages and instructing Plaintiff on how to proceed with the case. Signed by Magistrate Judge Brian K. Epps on 10/07/2016. (maa) (Entered: 10/07/2016)
2016-10-27	5	Certificate of Related Cases 3.1. (thb) (Entered: 10/27/2016)
2016-11-14	6	MOTION Asking Court to Direct U.S. Marshal Service to Serve Three Addressees with Complaint and Summons by Thomas W. Sikes. REFERRED to Judge Brian K. Epps.(thb) (Entered: 11/14/2016)
2016-11-21	7	ORDER denying 6 Motion Asking Court to Direct U.S. Marshal Service to Serve Three Addressees with Complaint and Summons. The Court directs the Clerk to return Plaintiff's materials to his listed address. Signed by Magistrate Judge Brian K. Epps on 11/21/20016. (thb) (Entered: 11/21/2016)
2016-11-28	8	Summons Issued as to United States Department of the Navy, U.S. Attorney and U.S. Attorney General. (thb) (Entered: 11/28/2016)
2016-12-14	9	CERTIFICATE OF SERVICE by Thomas W. Sikes. (thb) (Entered: 12/14/2016)
2017-01-05	10	MOTION to Dismiss , or in the Alternative, Motion for Summary Judgment, with Consolidated Brief in Support by United States Department of the Navy. Responses due by 1/19/2017. (Jones, Anica). Added MOTION for Summary Judgment on 1/6/2017 (jah). (Entered: 01/05/2017)
2017-01-06		Set/Reset Deadlines as to 10 MOTION for Summary Judgment. Responses due by 1/26/2017. (thb) (Entered: 01/06/2017)
2017-01-06	11	NOTICE of Filing Deficiency re 10 MOTION to Dismiss , or in the Alternative, Motion for Summary Judgment, with Consolidated Brief. (thb) (Entered: 01/06/2017)
2017-01-06	12	NOTICE issued re: 10 MOTION for Summary Judgment. Response due 01/26/2017. (thb) (Entered: 01/06/2017)
2017-01-23	13	MOTION for Extension of Time to File Response/Reply as to 10 MOTION to Dismiss , or in the Alternative, MOTION for Summary Judgment, by Thomas W. Sikes. (Attachments: # 1 Text of Proposed Order)REFERRED to Judge Brian K. Epps.(thb) (Entered: 01/23/2017)
2017-01-23		Motion No Longer Referred: 13 MOTION for Extension of Time to File Response/Reply as to 10 MOTION to Dismiss , or in the Alternative, Motion for Summary Judgment. (thb) (Entered: 01/23/2017)
2017-01-23	14	ORDER granting 13 Motion for Extension of Time to File Response/Reply re 10 MOTION to Dismiss , or in the Alternative, Motion for Summary Judgment. Responses due by 2/9/2017. Signed by Judge Dudley H. Bowen on 01/23/2017. (thb) (Entered: 01/23/2017)
2017-02-02	15	MOTION for Permission to Amend/Correct 1 Complaint by Thomas W. Sikes. Responses due by 2/16/2017. (Attachments: # 1 Text of Proposed Order, # 2 Amended Complaint)(thb) (Entered: 02/02/2017)
2017-02-03	16	RESPONSE to Motion re 15 MOTION to Amend/Correct 1 Complaint filed by United States Department of the Navy. (Jones, Anica) (Entered: 02/03/2017)
2017-02-13	17	RESPONSE to Motion re 10 MOTION to Dismiss, MOTION for Summary Judgment filed by Thomas W. Sikes. (thb) (Entered: 02/13/2017)
2017-02-14	18	ORDER granting 15 Motion to Amend/Correct 1 Complaint. Signed by Judge Dudley H. Bowen on 02/14/2017. (thb) (Entered: 02/14/2017)
2017-02-14	19	AMENDED COMPLAINT against United States Department of the Navy, filed by Thomas W. Sikes.(thb) (Entered: 02/14/2017)
2017-02-17	20	NOTICE of Intent by United States Department of the Navy. (Jones, Anica) (Entered: 02/17/2017)
2017-02-28	21	******* MOTION to Dismiss Plaintiff's Amended Complaint , MOTION for Summary Judgment by United States Department of the Navy. Responses due by 3/14/2017. Responses due by 3/21/2017. (Jones, Anica) (Entered: 02/28/2017)
2017-02-28	22	NOTICE issued re: 21 MOTION for Summary Judgment. Responses due by 3/21/2017. (Jones, Anica) (thb) (Entered: 02/28/2017)
2017-03-09	23	RESPONSE to Motion re 21 MOTION to Dismiss Plaintiff's Amended Complaint MOTION for Summary Judgment, filed by Thomas W. Sikes. (thb) (Additional attachment(s) added on 3/31/2017: # 1 Main Document, # 2 Exhibit L) (thb). (Entered: 03/09/2017)
2017-03-15	24	MOTION to Seal Document 23 Response to Motion by United States Department of the Navy. Responses due by 3/29/2017. (Attachments: # 1 Text of Proposed Order)(Jones, Anica) (Entered: 03/15/2017)
2017-03-15		MOTION REFERRED: 24 MOTION to Seal Document 23 Response to Motion. (thb) (Entered: 03/15/2017)
2017-03-30	25	ORDER directing the parties to conduct a conference within fourteen days of the date of this Order, and to file a joint 26(f) Report within seven days of the date of the conference. The Court directs the Clerk to attach the standard "Rule 26(f) Report" to this Order. Signed by Magistrate Judge Brian K. Epps on 03/30/2017. (Attachments: # 1 Rule 26(f) Report) (thb) (Entered: 03/30/2017)
2017-03-31	26	ORDER granting in part and denying in part 24 Motion to Seal Document, and directing the Clerk to seal Exhibit L to Plaintiff's response from the public record. Signed by Magistrate Judge Brian K. Epps on 03/31/2017. (thb) (Entered: 03/31/2017)
2017-04-06	27	REPORT of Rule 26(f) Planning Meeting. (Jones, Anica) (Entered: 04/06/2017)
2017-04-11	28	SCHEDULING ORDER: Amended Pleadings due by 4/20/2017. Discovery due by 8/7/2017. Motions due by 9/7/2017. Expert Witness Report (Plaintiff) due by 6/5/2017. Expert Witness Report (defendant) due by 7/5/2017. Signed by Magistrate Judge Brian K. Epps on 04/11/2017. (thb) (Entered: 04/11/2017)
2017-04-27	29	ORDER granting 21 Motion to Dismiss. The Clerk is directed to terminate all pending motions, enter judgment in favor of Defendant, and close this case. Signed by Judge Dudley H. Bowen on 04/27/2017. (thb) (Entered: 04/27/2017)
2017-04-27	30	CLERK'S JUDGMENT entered in favor of Defendant, United States Department of the Navy. Signed by Deputy Clerk on 04/27/2017. (thb) (Entered: 04/27/2017)
2017-05-26	31	NOTICE of Appearance by John M. Hamrick on behalf of Thomas W. Sikes (Hamrick, John) (Entered: 05/26/2017)
2017-05-26	32	NOTICE OF APPEAL by Thomas W. Sikes. Filing fee $ 505, receipt number 113J-2167852. (Hamrick, John) (Entered: 05/26/2017)
2017-05-26	33	Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re: 29 Order, 30 Clerk's Judgment, 32 Notice of Appeal. Other Appeals: No. Judge Appealed: Judge Dudley H. Bowen. Fee Paid: Yes. (Attachments: # 1 Documents for Appeal)(thb) (Entered: 05/26/2017)
2017-06-02	34	USCA Case Number 17-12421-JJ for 32 Notice of Appeal filed by Thomas W. Sikes. (cmr) (Entered: 06/02/2017)
2017-06-12	35	F.R.A.P. Certificate of Readiness re 32 Notice of Appeal. The entire record on appeal is available electronically . (thb) (Entered: 06/12/2017)
2018-01-12	36	MOTION to Substitute Attorney by United States Department of the Navy. Responses due by 1/26/2018. (Attachments: # 1 Text of Proposed Order)(Statkus, Shannon) (Entered: 01/12/2018)
2018-01-12	37	ORDER granting 36 Motion to Substitute Attorney. Attorney Anica C Jones terminated. Signed by Judge Dudley H. Bowen on 01/12/2018. (thb) (Entered: 01/12/2018)
2018-07-19	38	Appeal Opinion re 32 Notice of Appeal: The judgment of the district court is affirmed in part and reversed in part. This case is remanded for further proceedings. (Attachments: # 1 Memorandum to Counsel or Parties)(thb) (Entered: 07/20/2018)
2018-07-20	39	Corrected Appeal Opinion re 32 Notice of Appeal: The judgment of the district court is affirmed in part and reversed in part. This case is remanded for further proceedings. (Attachments: # 1 Memorandum to Counsel and Parties)(thb) (Entered: 07/23/2018)
2018-07-25	40	NOTICE of Appearance by Matthew Allan Josephson on behalf of All Defendants. (Josephson, Matthew) Modified on 7/25/2018 (thb). (Entered: 07/25/2018)
2018-09-10	41	MANDATE of USCA as to 32 Notice of Appeal. The opinion issued on this date in this appeal is entered as the judgment of this Court. (Attachments: # 1 Notice to counsel and parties)(thb) (Entered: 09/10/2018)
2018-09-10	42	NOTICE of Appearance by Bradford Collins Patrick on behalf of All Defendants (Patrick, Bradford) (Entered: 09/10/2018)
2018-09-11	43	ORDER adopting the 41 Mandate of USCA, directing the Clerk of Court to reopen this case, and denying the Navy's motion to dismiss Plaintiff's FOIA claim as it relates to FOIA Request 5. Because the Navy's proffered reasons for withholding response to FOIA Request 5 have been rejected, this Court intends to enter judgment for Plaintiff on his claim as it relates to FOIA Request 5 within fourteen (14) days hereof unless the Navy can show sufficient cause to preclude the grant of judgment. Signed by Judge Dudley H. Bowen on 09/11/2018. (thb) Modified on 9/12/2018 (thb). (Entered: 09/11/2018)
2018-09-12		Set/Reset Deadlines: Compliance re 43 Order due by 9/25/2018. (thb) (Entered: 09/12/2018)
2018-09-24	44	MOTION for Summary Judgment by United States Department of the Navy. Responses due by 10/15/2018. (Attachments: # 1 Exhibit 1 - Letter from Sikes to NCIS Headquarters dated April 30, 2014 (Request 5), # 2 Exhibit 2 - Letter from Lattin to Sikes dated July 10, 2014 (Response to Request 5), # 3 Exhibit 3 - Declaration of Karen Richman, # 4 Exhibit 4 June 27, 2012 Response to Request 2, # 5 Stmt of Material Fact)(Patrick, Bradford) (Entered: 09/24/2018)
2018-09-24	45	NOTICE issued re: 44 MOTION for Summary Judgment by United States Department of the Navy. Responses due by 10/15/2018. (thb) (Entered: 09/24/2018)
2018-10-03	46	MOTION for Leave of Absence as to United States Department of the Navy for dates of : October 5 through October 17, 2018 by United States Department of the Navy. Responses due by 10/17/2018. (Attachments: # 1 Text of Proposed Order)(Patrick, Bradford) (Entered: 10/03/2018)
2018-10-03	47	ORDER granting 46 Motion for Leave of Absence. Signed by Judge Dudley H. Bowen on 10/03/2018. (thb) (Entered: 10/03/2018)
2018-10-12	48	MOTION for Extension of Time to File Response/Reply as to 44 MOTION for Summary Judgment by Thomas W. Sikes. Responses due by 10/26/2018. (Attachments: # 1 Proposed Order)(Hamrick, John) (Entered: 10/12/2018)
2018-10-15	49	ORDER granting 48 Motion for Extension of Time to File Response/Reply re 44 MOTION for Summary Judgment Responses due by 11/14/2018. Signed by Judge Dudley H. Bowen on 10/15/2018. (pts) (Entered: 10/15/2018)
2018-10-29	50	MOTION to Withdraw as Attorney by Thomas W. Sikes. Responses due by 11/13/2018. (Attachments: # 1 Exhibit A - notice of intent to withdraw as counsel of record, # 2 Text of Proposed Order)(Hamrick, John) (Entered: 10/29/2018)
2018-11-01	51	ORDER granting 50 Motion to Withdraw as Attorney. The Clerk is directed to terminate John M. Hamrick and Holland & Knight LLP as counsel of record for Plaintiff Thomas W. Sikes in this matter. Signed by Judge Dudley H. Bowen on 11/01/2018. (thb) (Entered: 11/01/2018)
2018-11-19	52	RESPONSE to Motion re 44 MOTION for Summary Judgment filed by Thomas W. Sikes. (thb) (Entered: 11/19/2018)
2018-11-26	53	MOTION to Correct Scrivener's Error 52 Response to Motion by Thomas W. Sikes. Responses due by 12/10/2018. (thb) (Entered: 11/26/2018)
2018-11-27	54	NOTICE of Intent to File Reply by United States Department of the Navy re 52 Response to Motion. (Patrick, Bradford) (Entered: 11/27/2018)
2018-11-29	55	Consent MOTION for Extension of Time to File Response/Reply as to 52 Response to Motion by United States Department of the Navy. Responses due by 12/13/2018. (Attachments: # 1 Text of Proposed Order)(Patrick, Bradford) (Entered: 11/29/2018)
2018-12-06	56	ORDER granting 55 Motion for Extension of Time to File Response/Reply re 44 MOTION for Summary Judgment. Reply Brief due by 12/10/2018. Signed by Judge Dudley H. Bowen on 12/06/2018. (thb) (Entered: 12/06/2018)
2018-12-07	57	REPLY to Response to Motion re 44 MOTION for Summary Judgment filed by United States Department of the Navy. (Patrick, Bradford) (Entered: 12/07/2018)
2018-12-11	58	NOTICE of Intent to File a Reply Brief by Thomas W. Sikes re 44 MOTION for Summary Judgment. (thb) (Entered: 12/11/2018)
2018-12-27	59	SUR REPLY re 44 MOTION for Summary Judgment filed by Thomas W. Sikes. (maa) (Entered: 12/27/2018)
2019-01-02	60	MOTION to File Correction, Supplementing Plaintiff's Brief re 59 Sur Replyby Thomas W. Sikes. Responses due by 1/16/2019. (Attachments: # 1 Text of Proposed Order, # 2 Correction/Supplement to Brief)(thb) (Entered: 01/02/2019)
2019-01-02	61	ORDER granting 44 Motion for Summary Judgment; granting 53 Motion to Amend/Correct; granting 60 Motion for Leave to File. The Clerk is directed to enter judgment in favor of Defendant. A request for a bill of costs and a verified application for reasonable attorney's fees must be filed within twenty-one (21) days of the date of this Order. Defendant shall have fourteen (14) days from the date of Plaintiff's submission to file any objections. Signed by Judge Dudley H. Bowen on 01/02/2019. (thb) Modified on 1/3/2019 (thb). (Entered: 01/02/2019)
2019-01-02		Set/Reset Deadlines: Motion Attorney's Fees and Bill of Costs due by 1/23/2019. (thb) (Entered: 01/02/2019)
2019-01-02	62	CLERK'S JUDGMENT in favor of the Defendant. Signed by Deputy Clerk on 01/02/2019. (thb) (Entered: 01/02/2019)
2019-01-02	63	CORRECTON/SUPPLEMENT to 59 SUR REPLY re 44 MOTION for Summary Judgment filed by Thomas W. Sikes. (thb) (Entered: 01/03/2019)
2019-01-11	66	ORDER STAYING CASE until Congress has restored appropriations to the Department of Justice. Signed by the judges of the Southern District of Georgia on 1/11/2019. (pts) (Entered: 01/25/2019)
2019-01-23	64	MOTION for Attorney Fees by Holland & Knight LLP. Responses due by 2/6/2019. (Attachments: # 1 Exhibit 1 - Affidavit of Matthew D. Friedlander)(Hamrick, John) (Entered: 01/23/2019)
2019-01-24	65	BILL OF COSTS by Thomas W. Sikes. (thb) (Entered: 01/24/2019)
2019-01-30	67	MOTION for Reconsideration re 61 Order on Motion for Summary Judgment, Order on Motion to Amend/Correct, Order on Motion for Leave to File, MOTION to Vacate (Partial) by United States Department of the Navy. Responses due by 2/13/2019. (Patrick, Bradford) Modified on 1/31/2019 (thb). (Entered: 01/30/2019)
2019-02-01	68	Stay lifted due to appropriations. (See MC 119-002, Docs. 1, 3.) Motion Attorney's Fees and Bill of Costs are due by 2/17/2019. Response due by 03/03/2019. (thb) (Entered: 02/01/2019)
2019-02-07	69	RESPONSE in Opposition re 64 MOTION for Attorney Fees filed by United States Department of the Navy. (Patrick, Bradford) (Entered: 02/07/2019)
2019-02-07	70	RESPONSE to 65 Bill of Costs filed by Thomas W. Sikes filed by United States Department of the Navy. (Patrick, Bradford) (Entered: 02/07/2019)
2019-02-13	71	NOTICE of Intent to File Reply Brief by Holland & Knight LLP. (Hamrick, John) (Entered: 02/13/2019)
2019-02-20	72	ORDER granting 67 Motion for Reconsideration, and that portion of the 61 Order of January 2, 2019, which determines that Plaintiff is entitled to reasonable attorney's fees and costs is hereby vacated. Plaintiff's counsel shall have fourteen (14) days to respond to the arguments against the award of attorney's fees and costs set forth in the Navy's motion for reconsideration. The Navy is awarded ten (10) days thereafter to respond. Signed by Judge Dudley H. Bowen on 02/20/2019. (thb) Modified on 2/21/2019 (thb). (Entered: 02/20/2019)
2019-02-20		Set/Reset Deadlines: Compliance due by 3/6/2019 re 72 Order. (thb) (Entered: 02/20/2019)
2019-02-21	73	REPLY to Response to Motion re 64 MOTION for Attorney Fees filed by Holland & Knight LLP. (Hamrick, John) (Entered: 02/21/2019)
2019-03-04	74	RESPONSE to 73 Reply to Response to Motion filed by Holland & Knight LLP filed by United States Department of the Navy. (Patrick, Bradford) (Entered: 03/04/2019)
2019-03-21	75	ORDER denying 64 Motion for Attorney Fees. The Clerk is directed to close this case. Signed by Judge Dudley H. Bowen on 03/21/2019. (thb) (Entered: 03/21/2019)
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