Skip to content

Case Detail

[Subscribe to updates]
Case TitleFIGUEROA v. DEPARTMENT OF DEFENSE et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2017cv01713
Date Filed2017-08-23
Date Closed2019-05-01
JudgeJudge Dabney L. Friedrich
PlaintiffANTONIO FIGUEROA
Case DescriptionAntonio Figueroa, who had been terminated from the Puerto Rico Air National Guard, submitted a FOIA request to the National Guard Bureau for records about himself. The NGB told Figueroa that his request would not be processed for a year. Figueroa filed an administrative appeal and the NGB denied his appeal. Figueroa also submitted a FOIA request to the Air Force Office of Inspector General pertaining to his removal from the Air National Guard. The agency referred his request to another office, but did not respond further. Figueroa also submitted a FOIA request to the Board of Correction of Military Records for records concerning his claim before the Board. The agency promised to process his request, but did not respond further. Figueroa then filed suit against the Air Force and the Department of Defense.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantUNITED STATES DEPARTMENT OF DEFENSE
DefendantUNITED STATES DEPARTMENT OF THE AIR FORCE
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
Complaint attachment 12
Complaint attachment 13
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2017-08-231COMPLAINT against All Defendants ( Filing fee $ 400 receipt number 0090-5085793) filed by ANTONIO FIGUEROA. (Attachments: # 1 Exhibit Exhibit "A", # 2 Exhibit Exhibit "B", # 3 Exhibit Exhibit "C", # 4 Exhibit Exhibit "D", # 5 Exhibit Exhibit "E", # 6 Exhibit Exhibit "F", # 7 Exhibit Exhibit "G", # 8 Exhibit Exhibit "H", # 9 Civil Cover Sheet, # 10 Summons Summons AF, # 11 Summons Summons AF, # 12 Summons Summons DoD, # 13 Summons Summons US Atty)(Manne, Jason) (Entered: 08/23/2017)
2017-08-232ERRATA Correcting caption page and summonses by ANTONIO FIGUEROA 1 Complaint,, filed by ANTONIO FIGUEROA. (Attachments: # 1 Summons, # 2 Summons, # 3 Summons, # 4 Summons)(Manne, Jason) (Entered: 08/23/2017)
2017-08-23Case Assigned to Judge Amy Berman Jackson. (jd) (Entered: 08/24/2017)
2017-08-243SUMMONS (2) Issued Electronically as to UNITED STATES DEPARTMENT OF DEFENSE, UNITED STATES DEPARTMENT OF THE AIR FORCE, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Consent Forms)(jd) (Entered: 08/24/2017)
2017-09-274Consent MOTION for Extension of Time to File Defendants' Answer or Other Response to Plaintiff's Complaint by UNITED STATES DEPARTMENT OF DEFENSE, UNITED STATES DEPARTMENT OF THE AIR FORCE (Adebonojo, Kenneth) (Entered: 09/27/2017)
2017-09-28MINUTE ORDER granting 4 Motion for Extension of Time. Defendants must file a responsive pleading by October 30, 2017. SO ORDERED. Signed by Judge Amy Berman Jackson on 9/28/2017. (lcabj2) (Entered: 09/28/2017)
2017-09-28Set/Reset Deadlines: Defendants' responsive pleading due by 10/30/2017. (hmc) (Entered: 09/29/2017)
2017-10-305Consent MOTION for Extension of Time to File Defendants' Answer or Other Response to Plaintiff's Complaint by UNITED STATES DEPARTMENT OF DEFENSE, UNITED STATES DEPARTMENT OF THE AIR FORCE (Adebonojo, Kenneth) (Entered: 10/30/2017)
2017-10-30MINUTE ORDER granting 5 Motion for Extension of Time. Defendants must file a responsive pleading by November 30, 2017. SO ORDERED. Signed by Judge Amy Berman Jackson on 10/30/2017. (lcabj2) (Entered: 10/30/2017)
2017-11-306Consent MOTION for Extension of Time to File Defendants' Answer or Other Response to Plaintiff's Complaint by UNITED STATES DEPARTMENT OF DEFENSE, UNITED STATES DEPARTMENT OF THE AIR FORCE (Adebonojo, Kenneth) (Entered: 11/30/2017)
2017-12-01MINUTE ORDER granting 6 Motion for Extension of Time. Defendants must file a responsive pleading by December 22, 2017. SO ORDERED. Signed by Judge Amy Berman Jackson on 12/1/2017. (lcabj2) (Entered: 12/01/2017)
2017-12-01Set/Reset Deadlines: Answer due by 12/22/2017. (tb) (Entered: 12/01/2017)
2017-12-04Case directly reassigned to Judge Dabney L. Friedrich. Judge Amy Berman Jackson is no longer assigned to the case. (ztnr) (Entered: 12/04/2017)
2017-12-227Consent MOTION for Extension of Time to File Defendants' Answer or Other Response to Plaintiff's Complaint by UNITED STATES DEPARTMENT OF DEFENSE, UNITED STATES DEPARTMENT OF THE AIR FORCE (Adebonojo, Kenneth) (Entered: 12/22/2017)
2017-12-30MINUTE ORDER granting 7 Consent Motion for Extension of Time. Accordingly, Defendants shall file an answer or other response to Plaintiff's complaint on or before January 9, 2018. Signed by Judge Dabney L. Friedrich on December 30, 2017. (JPF) (Entered: 12/30/2017)
2017-12-30Set/Reset Deadlines: Answer due by January 9, 2018. (JPF) (Entered: 12/30/2017)
2018-01-098Consent MOTION for Extension of Time to File Defendants' Answer or Other Response to Plaintiff's Complaint by UNITED STATES DEPARTMENT OF DEFENSE, UNITED STATES DEPARTMENT OF THE AIR FORCE (Adebonojo, Kenneth) (Entered: 01/09/2018)
2018-01-09MINUTE ORDER. Upon consideration of 8 Consent Motion for Extension of Time, it is hereby ORDERED that the motion is GRANTED. Accordingly, Defendants shall file an answer or other response to 1 Plaintiff's complaint on or before January 31, 2018. Signed by Judge Dabney L. Friedrich on January 9, 2018. (JPF) (Entered: 01/09/2018)
2018-01-319Consent MOTION for Extension of Time to File Defendants' Answer or Other Response to Plaintiff's Complaint by UNITED STATES DEPARTMENT OF DEFENSE, UNITED STATES DEPARTMENT OF THE AIR FORCE (Adebonojo, Kenneth) (Entered: 01/31/2018)
2018-02-01MINUTE ORDER granting 9 Consent Motion for Extension of Time. It is ORDERED that Defendants shall file an answer or other response to Plaintiff's 1 Complaint on or before February 28, 2018. Signed by Judge Dabney L. Friedrich on February 1, 2018. (JPF) (Entered: 02/01/2018)
2018-02-2810Consent MOTION for Extension of Time to File Defendants' Answer or Other Response to Plaintiff's Complaint by UNITED STATES DEPARTMENT OF DEFENSE, UNITED STATES DEPARTMENT OF THE AIR FORCE (Adebonojo, Kenneth) (Entered: 02/28/2018)
2018-03-01MINUTE ORDER granting the parties' 10 Consent Motion for Extension of Time. Accordingly, it is ORDERED that the defendants shall answer or otherwise respond to the complaint on or before March 16, 2018. Signed by Judge Dabney L. Friedrich on March 1, 2018. (JPF) (Entered: 03/01/2018)
2018-03-1611ANSWER to 1 Complaint by UNITED STATES DEPARTMENT OF DEFENSE, UNITED STATES DEPARTMENT OF THE AIR FORCE.(Adebonojo, Kenneth) Modified to add link on 3/19/2018 (znmw). (Entered: 03/16/2018)
2018-04-03MINUTE ORDER. It is ORDERED that the parties shall MEET AND CONFER and file a joint status report on or before April 24, 2018 addressing the FOIA request at issue and any proposed production or briefing schedules. Signed by Judge Dabney L. Friedrich on April 3, 2018. (JPF) (Entered: 04/03/2018)
2018-04-2412Joint STATUS REPORT by UNITED STATES DEPARTMENT OF DEFENSE, UNITED STATES DEPARTMENT OF THE AIR FORCE. (Adebonojo, Kenneth) (Entered: 04/24/2018)
2018-04-25MINUTE ORDER. As proposed by the parties' 12 Joint Status Report, it is ORDERED that the following schedule shall govern further proceedings: (1) the defendants shall supply any additional release of documents or segregable factual material by May 11, 2018; (2) the defendants' motion for summary judgment or dismissal is due by July 11, 2018; (3) the plaintiff's response, including any cross-motion for summary judgment and Rule 56(f) motion on the Privacy Act claim, is due by August 10, 2018; (4) the defendants' reply and, if applicable, opposition is due by August 24, 2018; and (5) if applicable, the plaintiff's reply is due by September 7, 2018. The Vaughn index/declaration and search affidavits are to be supplied with the defendants' motion for summary judgment. Signed by Judge Dabney L. Friedrich on April 25, 2018. (JPF) (Entered: 04/25/2018)
2018-07-1113MOTION for Extension of Time to File Defendants Motion For Summary Judgment by UNITED STATES DEPARTMENT OF DEFENSE, UNITED STATES DEPARTMENT OF THE AIR FORCE (Adebonojo, Kenneth) (Entered: 07/11/2018)
2018-07-13MINUTE ORDER granting the defendants' 13 Consent Motion to Enlarge Time. Accordingly, it is ORDERED that the defendants shall file their motion for summary judgment on or before August 10, 2018. Signed by Judge Dabney L. Friedrich on July 13, 2018. (JPF) (Entered: 07/13/2018)
2018-07-13Set/Reset Deadlines: Motion for summary judgment due by 8/10/2018. (jl) (Entered: 07/13/2018)
2018-08-0914Consent MOTION for Extension of Time to File Defendants' Motion for Summary Judgment by UNITED STATES DEPARTMENT OF DEFENSE, UNITED STATES DEPARTMENT OF THE AIR FORCE (Adebonojo, Kenneth) (Entered: 08/09/2018)
2018-08-20MINUTE ORDER adopting the proposal in the defendants' 14 Motion to Enlarge Time to File Defendants' Motion for Summary Judgment. It is ORDERED that (1) the defendant shall file its Motion for Summary Judgment on or before September 10, 2018, (2) the plaintiff shall submit his Opposition or Cross-Motion on or before October 9, 2018, (3) the defendant shall file its reply and opposition on or before October 31, 2018, and (4) the plaintiff shall file his reply on or before November 10, 2018. Signed by Judge Dabney L. Friedrich on August 20, 2018. (lcdlf2) (Entered: 08/20/2018)
2018-09-1015MOTION for Extension of Time to File Defendants' Motion for Summary Judgment by UNITED STATES DEPARTMENT OF DEFENSE, UNITED STATES DEPARTMENT OF THE AIR FORCE (Adebonojo, Kenneth) (Entered: 09/10/2018)
2018-09-1016RESPONSE re 15 MOTION for Extension of Time to File Defendants' Motion for Summary Judgment filed by ANTONIO FIGUEROA. (Manne, Jason) (Entered: 09/10/2018)
2018-09-1017MINUTE ORDER granting defendants' 15 Motion for Extension of Time to File Defendants' Motion for Summary Judgment. It is ORDERED that (1) the defendants shall file their Motion for Summary Judgment on or before October 2, 2018, (2) the plaintiff shall submit his Opposition or Cross-motion on or before November 6, 2018, (3) the defendants shall file their reply and opposition on or before November 30, 2018, and (4) the plaintiff shall file his reply on or before December 10, 2018. No further extensions will be granted. Signed by Dabney L. Friedrich on September 10, 2018. (lcdlf1) (Entered: 09/10/2018)
2018-09-11Set/Reset Deadlines: Motion for Summary Judgment due by 10/2/2018. Opposition or Cross Motion due by 11/6/2018. Defendant's reply and opposition due by 11/30/2018. Plaintiff's reply due by 12/10/2018. (jl) (Entered: 09/11/2018)
2018-10-0218MOTION for Summary Judgment by UNITED STATES DEPARTMENT OF DEFENSE, UNITED STATES DEPARTMENT OF THE AIR FORCE (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit)(Adebonojo, Kenneth) (Entered: 10/02/2018)
2018-11-0219Consent MOTION for Leave to File Supplementary Declarations to Defendants' Motion for Summary Judgment by UNITED STATES DEPARTMENT OF DEFENSE, UNITED STATES DEPARTMENT OF THE AIR FORCE (Attachments: # 1 Exhibit)(Adebonojo, Kenneth) (Entered: 11/02/2018)
2018-11-02MINUTE ORDER granting the defendants' 19 Consent Motion for Leave to File Supplemental Declarations to Defendants' Motion for Summary Judgment. Accordingly, it is ORDERED that (1) the defendant's motion is granted, (2) the declarations of Jennifer A. Nikolaisen and Rita Sono are incorporated into the defendants' motion for summary judgment and the plaintiff shall consider them, if necessary, in any opposition he files. It is further ORDERED that (1) the plaintiff shall submit his Opposition or Cross-motion on or before December 6, 2018, (2) the defendants shall file their Reply and Opposition on or before December 31, 2018, and (4) the plaintiff shall file his Reply on or before January 10, 2018. Signed by Dabney L. Friedrich on November 2, 2018. (lcdlf1) (Entered: 11/02/2018)
2018-11-02Set/Reset Deadlines/Hearings: Plaintiff's Opposition or Cross-motion due by 12/6/2018. Defendant's Reply and Opposition due by 12/31/2018. Plaintiff's Reply due by 1/10/2019. (jl) (Entered: 11/05/2018)
2018-11-1320RESPONSE re 18 MOTION for Summary Judgment filed by ANTONIO FIGUEROA. (Attachments: # 1 Exhibit Exhibit I, # 2 Exhibit Exhibit J, # 3 Exhibit Exhibit K, # 4 Text of Proposed Order)(Manne, Jason) (Entered: 11/13/2018)
2018-11-1321RESPONSE re 18 MOTION for Summary Judgment (Response to Statement of Material Facts) filed by ANTONIO FIGUEROA. (Manne, Jason) (Entered: 11/13/2018)
2018-12-3122MOTION to Stay by UNITED STATES DEPARTMENT OF DEFENSE, UNITED STATES DEPARTMENT OF THE AIR FORCE (Attachments: # 1 Text of Proposed Order)(Coles-Huff, Doris) (Entered: 12/31/2018)
2019-01-03MINUTE ORDER granting the defendants' unopposed 22 Motion for Stay of All Proceedings in Light of Lapse of Appropriations. Accordingly, it is ORDERED that this case is STAYED until Congress has restored appropriations to the Department of Justice. It is further ORDERED that the defendants shall promptly notify the Court as soon as appropriations are restored, and at that time the parties shall file a joint status report proposing a revised briefing schedule. Signed by Judge Dabney L. Friedrich on January 3, 2019. (lcdlf1) (Entered: 01/03/2019)
2019-01-3123NOTICE of Restored Government Funding by UNITED STATES DEPARTMENT OF DEFENSE, UNITED STATES DEPARTMENT OF THE AIR FORCE (Adebonojo, Kenneth) (Entered: 01/31/2019)
2019-01-3124STATUS REPORT by UNITED STATES DEPARTMENT OF DEFENSE, UNITED STATES DEPARTMENT OF THE AIR FORCE. (Adebonojo, Kenneth) (Entered: 01/31/2019)
2019-01-31MINUTE ORDER adopting the proposal in the parties' 24 Status Report. Accordingly, it is ORDERED that the defendants shall file a reply on or before February 19, 2019. It is further ORDERED that, if the defendants' reply includes additional declarations, then the plaintiff may file a sur-reply within 21 days of the defendant's reply. Signed by Judge Dabney L. Friedrich on January 31, 2019. (lcdlf1) (Entered: 01/31/2019)
2019-02-1925Consent MOTION for Extension of Time to File a Reply to Plaintiff's Oppositon to Defendants' Motion for Summary Judgment by UNITED STATES DEPARTMENT OF DEFENSE, UNITED STATES DEPARTMENT OF THE AIR FORCE (Adebonojo, Kenneth) (Entered: 02/19/2019)
2019-02-20MINUTE ORDER granting the defendants' 25 Motion to Enlarge Time to File. Accordingly, it is ORDERED that the defendants shall file their reply on or before February 22, 2019. Signed by Judge Dabney L. Friedrich on February 20, 2019. (lcdlf1) (Entered: 02/20/2019)
2019-02-2226Consent MOTION for Extension of Time to File a Reply to Plaintiff's Opposition to Defendants' Motion for Summary Judgment by UNITED STATES DEPARTMENT OF DEFENSE, UNITED STATES DEPARTMENT OF THE AIR FORCE (Adebonojo, Kenneth) (Entered: 02/22/2019)
2019-02-25MINUTE ORDER granting the defendants' 26 Consent Motion to Enlarge Time. Accordingly, it is ORDERED that the defendant shall file its reply on or before March 8, 2019 and the plaintiff may file a surreply on or before March 29, 2019 if the defendants add any additional declarations. Signed by Judge Dabney L. Friedrich on February 25, 2019. (lcdlf1) (Entered: 02/25/2019)
2019-02-25Set/Reset Deadlines/Hearings: Reply to Motion for Summary Judgment due by 3/8/2019. Surreply due by 3/29/2019. (zcdw) (Entered: 02/26/2019)
2019-03-1227Consent MOTION for Extension of Time to File a Reply to Plaintiff's Opposition to Defendants' Motion for Summary Judgment by UNITED STATES DEPARTMENT OF DEFENSE, UNITED STATES DEPARTMENT OF THE AIR FORCE (Adebonojo, Kenneth) (Entered: 03/12/2019)
2019-03-13MINUTE ORDER granting the defendants' 27 Consent Motion for Extension of Time to File a Reply. Accordingly, it is ORDERED that the defendants shall file their reply on or before March 26, 2019 and the plaintiff may file a surreply on or before April 16, 2019 if the defendants add any additional declarations. Signed by Judge Dabney L. Friedrich on March 13, 2019. (lcdlf1) (Entered: 03/13/2019)
2019-03-13Set/Reset Deadlines/Hearings: Plaintiff's Surreply due by 4/16/2019. (zcdw) (Entered: 03/14/2019)
2019-03-2628Consent MOTION for Extension of Time to File a Reply to Plaintiff's Opposition to Defendants' Motion for Summary Judgment by UNITED STATES DEPARTMENT OF DEFENSE, UNITED STATES DEPARTMENT OF THE AIR FORCE (Adebonojo, Kenneth) (Entered: 03/26/2019)
2019-03-26MINUTE ORDER granting the defendants' 28 Consent Motion to Enlarge Time. Accordingly, it is ORDERED that the defendants shall file their reply on or before March 29, 2019 and the plaintiff may file a surreply, if the defendants add any additional declarations, on or before April 23, 2019. Signed by Judge Dabney L. Friedrich on March 26, 2019. (lcdlf1) (Entered: 03/26/2019)
2019-04-23MINUTE ORDER. Between February 19, 2019 and March 26, 2019, the defendant requested four consent motions for extension of time to file a reply in support of its motion for summary judgment to accommodate ongoing settlement discussions that might obviate the need for judicial resolution of dispositive motions. The Court granted the defendant's most recent request for an extension of time and ordered its reply brief due on or before March 29, 2019. As of April 23, 2019, the defendant has not filed a reply brief, motion for extension of time, joint stipulation of dismissal, or other notice advising the Court of the status of the parties' settlement discussions. Accordingly, it is ORDERED that the parties shall file, on or before April 30, 2019, a joint status report indicating whether they have settled this matter. If the parties intend to persist with dispositive motions, the defendant shall show cause on or before April 30, 2019 why the Court should not disregard any reply filed after the Court's March 29, 2019 deadline in considering the defendant's motion for summary judgment. Signed by Judge Dabney L. Friedrich on April 23, 2019. (lcdlf1) (Entered: 04/23/2019)
2019-04-23Set/Reset Deadlines/Hearings: Joint Status Report due by 4/30/2019. Defendant to Show Cause on 4/30/2019. (zcdw) (Entered: 04/24/2019)
2019-04-3029STIPULATION of Dismissal by UNITED STATES DEPARTMENT OF DEFENSE, UNITED STATES DEPARTMENT OF THE AIR FORCE. (Adebonojo, Kenneth) (Entered: 04/30/2019)
2019-05-01MINUTE ORDER. In light of the parties' 29 Joint Stipulation of Dismissal, this case is dismissed with prejudice. See Fed. R. Civ. P. 41(a)(1)(A)(ii). The Clerk of Court is directed to close this case. Signed by Judge Dabney L. Friedrich on May 1, 2019. (lcdlf1) (Entered: 05/01/2019)
Hide Docket Events
by FOIA Project Staff
Skip to toolbar