Case Detail

FOIA Project Annotation: A federal court in Connecticut has ruled that the Department of Defense and the Department of Homeland Security have not conducted adequate searches for records concerning the Military Whistleblower Act, the military justice system, and Boards of Correction for Military Records in response to requests from Protect Our Defenders and Connecticut Veterans Legal Center and has questioned the agencies' use of Exemption 5 (privileges) to withhold four documents and Exemption 6 (invasion of privacy) to withhold identifying information of any individuals at the rank of colonel or below, including Staff Judge Advocate biographies . The requests were directed to the five military branches as well as the Coast Guard. Challenging the adequacy of the agencies' search, the plaintiffs focused on the Air Force working group on race and discipline. The group was made up of the Headquarters Office, the Secretary's Office, and the JAG Office. As a result, the Air Force searched the network drives of those offices as well as email accounts of staff involved in the working group. The court found the Air Force had adequately described its decentralized filing system but had failed to show why certain systems and email accounts were not searched and why a variety of search terms were used. The court noted that "while [the agency's affidavit] declares that the Headquarters Office and Secretary's Office searched their shared network drives, Defendants provide no indication that the JAG Office searched its shared network drive. Defendants do not provide a satisfactory explanation for this." The court also questioned why the agency failed to search the email accounts of all the members of the working group." The court added that "it is unclear what search terms were used and it is also unclear what folders on the Headquarters Office shared network drive were searched using the terms." The court found that three of the four disputed documents withheld under Exemption 5 were protected by either the deliberative process privilege or the attorney-client privilege. However, the court found the recommendations section of a talking paper were not privileged. The court noted that "defendants have not provided the Court with sufficient information to determine whether the withheld information in the Talking Paper is part of any real governmental decision-making process rather than simply an exercise that went nowhere." Under Exemption 6, the agency withheld any identifying information of individuals at the rank of colonel or below. The court noted case law suggesting that information identifying individuals only in their professional capacity were not subject to Exemption 6. However, it agreed that personal information contained in the SLA biographies �" akin to a resume �" could be withheld, but that information pertaining to professional qualifications should be disclosed. The court rejected the agency's categorical use of Exemptions 6, noting that "as far as the Court can discern, the [redacted documents] include no information identifiable to any individual other than names and contact information. These documents cannot be swept up into Exemption 6 protection simply because they identify those government employees who authored or were involved in the manuals, emails, or Working Group Talking Paper. To conclude otherwise would render useless the FOIA statute's specification that Exemption 6 apply to 'medical and personnel files and similar files.'"
Issues: Exemption 6 - Invasion of privacy, Exemption 5 - Privileges, Adequacy - Search

FOIA Project Annotation: A federal court in Connecticut has ruled that the Department of Defense has not shown that it is entitled to reconsideration of the court's previous ruling finding that the agency failed to show that names and email addresses of lower-level Air Force employees were protected by Exemption 6 (invasion of privacy). District Court Vanessa Bryant originally rejected the agency's Exemption 6 claims after finding that the names and email addresses did not constitute "similar files" and thus did not qualify for Exemption 6 at all. Apparently taken by surprise, the agency argued that because it had not expected to have to show that the names and addresses were similar files, it had not briefed the issue, putting it at a disadvantage. Bryant rejected the notion out of hand. She noted that "in deciding a case a court is not constrained by the parties legal and factual analysis. Defendants cite no authority for the proposition that a defendant who fails to address or adequately address an element of a claim on which it seeks summary judgment is entitled to notice and an opportunity to file additional briefing." She explained that "[the requesters] prevailed on the issue of whether the STA professional biographies were 'similar files.' Having decided that threshold question with respect to the STA biographies in favor of [the requesters], the Court proceeded onto the 'more challenging question [of] whether the DOD's blanket redaction of names of DOD employees at the rank of Colonel and below. . . is justified under Exemption 6.'" She indicated that "after examining Second Circuit law, the Court concluded that the records at issue were not 'similar files' as they 'include no information identifiable to any individual other than names and contact information.' Although Defendants bore the burden of establishing the applicability of the exemption, the Court noted that 'Defendants made no argument as to why each of those documents qualifies as a "similar record" other than the fact that each contains identifying information of individual employees â€" e.g., names and email addresses.'"
Issues: Exemption 6 - Personnel, medical, similar file

Date Filed	Doc #	Docket Text
2017-12-13	1	COMPLAINT against All Defendants ( Filing fee $400 receipt number ACTDC-4642317.), filed by Protect Our Defenders, Connecticut Veterans Legal Center. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N)(Wishnie, Michael) (Entered: 12/13/2017)
2017-12-13		Judge Vanessa L. Bryant added. (Oliver, T.) (Entered: 12/13/2017)
2017-12-13		Request for Clerk to issue summons as to All Defendants. (Wishnie, Michael) (Entered: 12/13/2017)
2017-12-13	2	ELECTRONIC FILING ORDER - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER. Signed by Judge Vanessa L. Bryant on 12/13/2017.(Bozek, M.) (Entered: 12/15/2017)
2017-12-13	3	STANDING PROTECTIVE ORDER. Signed by Judge Vanessa L. Bryant on 12/13/2017.(Bozek, M.) (Entered: 12/15/2017)
2017-12-13	4	ORDER RE: Judge's Chambers Practices. Counsel are directed to read and comply with the Chambers Practices and Standing Orders prior to filing any document. So ordered. Signed by Judge Vanessa L. Bryant on 12/13/2017.(Bozek, M.) (Entered: 12/15/2017)
2017-12-15	5	NOTICE TO COUNSEL/SELF-REPRESENTED PARTIES : Counsel or self-representing parties initiating or removing this action are responsible for serving all parties with attached documents and copies of 2 Electronic Filing Order, 4 Order Re: Chambers Practices, Request to Issue Summons, 1 Complaint, filed by Connecticut Veterans Legal Center, Protect Our Defenders, and 3 Standing Protective Order. Signed by Clerk on 12/15/2017.(Bozek, M.) (Entered: 12/15/2017)
2017-12-15	6	ELECTRONIC SUMMONS ISSUED in accordance with Fed. R. Civ. P. 4 and LR 4 as to *Department of Defense, Department of Homeland Security* 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*. (Bozek, M.) (Entered: 12/15/2017)
2018-01-17	7	NOTICE of Appearance by Natalie Nicole Elicker on behalf of Department of Defense, Department of Homeland Security (Elicker, Natalie) (Entered: 01/17/2018)
2018-01-17	8	MOTION for Extension of Time until 2/19/18 and 3/21/18 to file a Proposed Schedule (2/19/18), and Answer or Respond (3/21/18) to 1 Complaint, by Department of Defense, Department of Homeland Security. (Elicker, Natalie) (Entered: 01/17/2018)
2018-01-18	9	CERTIFICATE OF SERVICE by Connecticut Veterans Legal Center, Protect Our Defenders (Wishnie, Michael) (Entered: 01/18/2018)
2018-01-18	10	Memorandum in Opposition re 8 MOTION for Extension of Time until 2/19/18 and 3/21/18 to file a Proposed Schedule (2/19/18), and Answer or Respond (3/21/18) to 1 Complaint, filed by Connecticut Veterans Legal Center, Protect Our Defenders. (Wishnie, Michael) (Entered: 01/18/2018)
2018-01-18	11	MOTION for Leave to Appear Law Student Interns Meghan Brooks, Alyssa Peterson, Giovanni Sanchez by Connecticut Veterans Legal Center, Protect Our Defenders. (Wishnie, Michael) (Entered: 01/18/2018)
2018-01-18	12	NOTICE of Appearance by Aaron Paul Wenzloff on behalf of Connecticut Veterans Legal Center, Protect Our Defenders (Wenzloff, Aaron) (Entered: 01/18/2018)
2018-01-19	13	ORDER granting 11 Motion for Leave to Appear Law Student Interns Meghan Brooks, Alyssa Peterson, Giovanni Sanchez . Certificate of Good Standing due by 3/20/2018. Signed by Judge Vanessa L. Bryant on 01/19/2018. (Lee, E.) (Entered: 01/19/2018)
2018-01-19	14	ORDER: The Clerk is directed to remove the Certificate of Good Standing deadline as it does not apply to law student interns. Signed by Judge Vanessa L. Bryant on 01/19/2018. (Lee, E.) (Entered: 01/19/2018)
2018-01-19	15	ORDER granting in part and denying in part 8 Motion for Extension of Time until 2/19/18 and 3/21/18 to file a Proposed Schedule (2/19/18), and Answer or Respond (3/21/18) to 1 Complaint. In considering the parties' positions, the Joint 26(f) Report is due on or before 02/19/2018 and the response to the Complaint is due on or before 03/05/2018 . Signed by Judge Vanessa L. Bryant on 01/19/2018. (Lee, E.) (Entered: 01/19/2018)
2018-01-19		Set deadlines per 15 Order: Rule 26 Meeting Report due by 2/19/2018; Answer deadline updated to 3/5/2018. (Shafer, J.) (Entered: 01/22/2018)
2018-02-15	16	Joint MOTION for Extension of Time until to and including February 23, 2018 to file a Joint Proposed Schedule 15 Order on Motion for Extension of Time, by Connecticut Veterans Legal Center, Protect Our Defenders. (Wenzloff, Aaron) (Entered: 02/15/2018)
2018-02-16	17	ORDER granting 16 Motion for Extension of Time to file a Joint Proposed Schedule for good cause shown. In contemplation of the parties' joint motion, the Court vacates its initial order requiring a full Joint 26(f) Report and directs the parties to file a proposed scheduling order that satisfies D. Conn. Civ. L. R. 16(b) and 26(f)(3) and the need for efficiency. Signed by Judge Vanessa L. Bryant on 02/16/2016. (Lee, E.) (Entered: 02/16/2018)
2018-02-23	18	MOTION for Joint Proposed Scheduling Order by Connecticut Veterans Legal Center, Protect Our Defenders. (Attachments: # 1 Text of Proposed Order)(Wenzloff, Aaron) (Entered: 02/23/2018)
2018-03-05	19	ORDER granting 18 Motion for Joint Proposed Scheduling Order. The Court adopts the Joint Proposed Scheduling Order. SCHEDULING ORDER: All deadlines including the internal disclosure and status report deadlines are set forth in the attached scheduling order. Defendant's dispositive motion is due on or before 06/25/2018 and Plaintiff's cross-motion and opposition is due on or before 08/15/2018 . Signed by Judge Vanessa L. Bryant on 03/05/2018. (Lee, E.) (Entered: 03/05/2018)
2018-03-05	20	ANSWER to 1 Complaint, with Affirmative Defenses by Department of Defense, Department of Homeland Security.(Elicker, Natalie) (Entered: 03/05/2018)
2018-03-05		Set deadlines: first Joint Status Report due by 3/12/2018; second due 4/6/2018 per 19 Scheduling Order. (Shafer, J.) Modified to correct date on 3/8/2018 (Shafer, J.). (Entered: 03/06/2018)
2018-03-08		Docket Entry Correction: second joint status report due April 6, 2018 per 19 Order. (Shafer, J.) (Entered: 03/08/2018)
2018-03-12	21	STATUS REPORT by Department of Defense, Department of Homeland Security. (Elicker, Natalie) (Entered: 03/12/2018)
2018-03-16	22	RESPONSE re 21 Status Report filed by Connecticut Veterans Legal Center, Protect Our Defenders. (Wenzloff, Aaron) (Entered: 03/16/2018)
2018-04-06	23	Joint STATUS REPORT by Connecticut Veterans Legal Center, Protect Our Defenders. (Wenzloff, Aaron) (Entered: 04/06/2018)
2018-05-21	24	MOTION for Extension of Time until June 20, 2018 for Production of Documents and for Limited Modification of Scheduling Order by Department of Defense, Department of Homeland Security. (Elicker, Natalie) (Entered: 05/21/2018)
2018-05-22	25	ORDER granting 24 Motion for Extension of Time until June 20, 2018 for Production of Documents and for Limited Modification of Scheduling Order. Signed by Judge Vanessa L. Bryant on 05/22/2018. (Lee, E.) (Entered: 05/22/2018)
2018-06-11	26	NOTICE of Appearance by Carolyn Aiko Ikari on behalf of Department of Defense, Department of Homeland Security (Ikari, Carolyn) (Entered: 06/11/2018)
2018-06-20	27	Consent MOTION for Revised Scheduling Order by Department of Defense, Department of Homeland Security. (Ikari, Carolyn) (Entered: 06/20/2018)
2018-06-21	28	ORDER denying 27 Consent MOTION for Revised Scheduling Order. In the past six months since this case was filed, the parties have sought four extensions of time. The Court has wasted considerable time reviewing and granting the parties' request just to be asked to consider another. The parties are directed to meet and confer concerning trial preparation and propose a schedule to which they can meet and to which they will be held. Signed by Judge Vanessa L. Bryant on 06/21/2018. (Lee, E.) (Entered: 06/21/2018)
2018-06-28	29	MOTION for Reconsideration re 28 Order on Motion for Order,, by Department of Defense, Department of Homeland Security. (Attachments: # 1 Memorandum in Support)(Ikari, Carolyn) (Entered: 06/28/2018)
2018-06-29	30	ORDER denying as moot 29 Motion for Reconsideration re 28 Order on Motion for Order as the motion appears to be based on a misinterpretation of the Court's Order, Dkt. 28. That order establishes the inefficiency of the parties' repeated requests for extension of time. The Court denied the motion to the extent Defendants sought to amend the scheduling order without conferring with opposing counsel. The parties must confer and agree to a schedule where the parties can actually meet the deadlines they propose with respect to document production, dispositive motions, and trial--all of which are necessary for case management. The proposed scheduling order is due on or before 07/13/2018 . Signed by Judge Vanessa L. Bryant on 06/29/2018. (Lee, E.) (Entered: 06/29/2018)
2018-07-13	31	Joint MOTION for Revised Scheduling Order by Connecticut Veterans Legal Center, Protect Our Defenders. (Wishnie, Michael) (Entered: 07/13/2018)
2018-07-16	32	ORDER granting in part and denying in part 31 Joint MOTION for Revised Scheduling Order . The motion for summary judgment shall be due on or before 10/05/2018 . If no summary judgment motion is filed, the parties' Joint Trial Memorandum ("JTM") is due on or before 11/06/2018 . If a summary judgment motion is filed, the JTM is due on or before 06/06/2019 and a bench trial will occur in the month of July 2019 in Courtroom Three, 450 Main St., Hartford, CT before Judge Vanessa L. Bryant. The parties are directed to closely follow Chambers' Practices 4 --including the deadlines and format of filings--when completing and filing the JTM, which shall be accompanied by the motions in limine . The parties' exhibit binders and electronic exhibits, as well as any courtroom technology requests, must be submitted no later than two weeks before the month of trial. The Court also requests that any courtesy copies sent to Chambers be printed from the docket and contain the header of the Court's electronic filing system. The Court adopts all other deadlines proposed by the parties. Signed by Judge Vanessa L. Bryant on 07/16/2018. (Lee, E.) (Entered: 07/16/2018)
2018-07-16		Set Deadlines/Hearings: Dispositive Motions due by 10/5/2018; JTM due by 11/6/2018; Bench Trial set for 12/18/2018 at 09:30 AM and 6/19/2019 09:30 AM in Courtroom Three, 450 Main St., Hartford, CT before Judge Vanessa L. Bryant. (Lee, E.) (Entered: 07/16/2018)
2018-07-17	33	MOTION for Aaron Wenzloff to Withdraw as Attorney by Connecticut Veterans Legal Center, Protect Our Defenders. (Wenzloff, Aaron) (Entered: 07/17/2018)
2018-07-18	34	ORDER granting 33 MOTION for Aaron Wenzloff to Withdraw as Attorney as Plaintiffs are represented by other counsel. Attorney Aaron Paul Wenzloff terminated. Signed by Judge Vanessa L. Bryant on 07/18/2018. (Lee, E.) (Entered: 07/18/2018)
2018-07-23	35	VACATED: AMENDED SCHEDULING ORDER: The Court clarifies certain deadlines which may appear unclear on the docket. The bench trial dates of 12/18/2018 and 6/19/2019 are vacated to the extent they set precise dates for the bench trial to occur. The motion for summary judgment shall be due on or before 10/05/2018 . If no summary judgment motion is filed, the parties' Joint Trial Memorandum ("JTM") is due on or before 11/06/2018 and a bench trial will occur in the month of January 2019 . If a summary judgment motion is filed, the JTM is due on or before 06/06/2019 and a bench trial will occur in the month of July 2019 in Courtroom Three, 450 Main St., Hartford, CT before Judge Vanessa L. Bryant. The parties are directed to closely follow Chambers' Practices 4 --including the deadlines and format of filings--when completing and filing the JTM, which shall be accompanied by the motions in limine . The parties' exhibit binders and electronic exhibits, as well as any courtroom technology requests, must be submitted no later than two weeks before the month of trial. The Court also requests that any courtesy copies sent to Chambers be printed from the docket and contain the header of the Court's electronic filing system. The Court adopts all other deadlines proposed by the parties. Signed by Judge Vanessa L. Bryant on 07/23/2018. (Lee, E.) Modified on 6/5/2019 (Shafer, J.). (Entered: 07/23/2018)
2018-08-02	36	NOTICE of Appearance by Michael J. Wishnie on behalf of Connecticut Veterans Legal Center, Protect Our Defenders (Wishnie, Michael) (Entered: 08/02/2018)
2018-10-05	37	MOTION for Summary Judgment by Department of Defense, Department of Homeland Security.Responses due by 10/26/2018 (Attachments: # 1 Memorandum in Support, # 2 Statement of Material Facts, # 3 Table of Contents of Exhibits to Summary Judgment, # 4 Exhibit 1-Production List, # 5 Exhibit 2-Herrington Decl., # 6 Exhibit 3-Masterson Decl., # 7 Exhibit 4-McIntosh Decl., # 8 Exhibit 5-Jones Decl., # 9 Exhibit 6-Hartsell Decl., # 10 Exhibit 7-Jones Supp. Decl., # 11 Exhibit 8-Air Force Vaughn, # 12 Exhibit 9A-Green Tags Email, # 13 Exhibit 9B-BCMR Orientation, # 14 Exhibit 9C-BCMR Panel Member Orientation, # 15 Exhibit 9D-BCMR Training Slides Legal, # 16 Exhibit 9E-Email re Boards Authority, # 17 Exhibit 9F-AFBCMR Manual, # 18 Exhibit 9G-Green Tags Email, # 19 Exhibit 9H-122_Whistleblower Act Protection, # 20 Exhibit 9I-Talking Paper, # 21 Exhibit 10-Talley Supp. Decl., # 22 Exhibit 11-Masterson Decl., # 23 Exhibit 12-Mansfield Decl., # 24 Exhibit 13-Mansfield Supp. Decl., # 25 Exhibit 14-Army Vaughn, # 26 Exhibit 15-Yost Decl., # 27 Exhibit 16-Navy Marine Vaughn, # 28 Exhibit 17-Talley Decl., # 29 Exhibit 18-Lawrence Decl., # 30 Exhibit 19-Brown Decl., # 31 Exhibit 20-Foehrkolb Decl.)(Elicker, Natalie) (Entered: 10/05/2018)
2018-10-15		Set deadline as to 37 MOTION for Summary Judgment. Response due by 10/30/2018 per Dkt. 32 Order. (Shafer, J.) (Entered: 10/15/2018)
2018-10-29	38	MOTION for Leave to Appear Law Student Intern Kathryn Pogin by Connecticut Veterans Legal Center, Protect Our Defenders. (Wishnie, Michael) (Entered: 10/29/2018)
2018-10-30	39	ORDER granting 38 Motion for Leave for Law Student Intern to Appear. Signed by Judge Vanessa L. Bryant on 10/30/2018. (Shafer, J.) (Entered: 10/30/2018)
2018-10-30	40	Memorandum in Opposition re 37 MOTION for Summary Judgment filed by Connecticut Veterans Legal Center, Protect Our Defenders. (Attachments: # 1 Statement of Material Facts, # 2 Exhibit 1, # 3 Exhibit 1-A, # 4 Exhibit 1-B, # 5 Exhibit 1-C, # 6 Exhibit 2, # 7 Exhibit 2-A, # 8 Exhibit 2-B, # 9 Exhibit 2-C, # 10 Exhibit 2-D, # 11 Exhibit 2-E, # 12 Exhibit 2-F, # 13 Exhibit 2-G, # 14 Exhibit 2-H)(Wishnie, Michael) (Entered: 10/30/2018)
2018-11-09	41	Consent MOTION for Extension of Time to File Response/Reply as to 37 MOTION for Summary Judgment until 12/04/2018 by Department of Defense, Department of Homeland Security. (Elicker, Natalie) (Entered: 11/09/2018)
2018-11-13	42	ORDER granting 41 Motion for Extension of Time to File Response/Reply re 37 MOTION for Summary Judgment. Response/Reply due by 12/4/2018 . Signed by Judge Vanessa L. Bryant on 11/13/2018. (Bryan, Kelsey) (Entered: 11/13/2018)
2018-11-13	43	MOTION to Withdraw Law Student Intern Giovanni Sanchez by Connecticut Veterans Legal Center, Protect Our Defenders. (Wishnie, Michael) (Entered: 11/13/2018)
2018-11-14	44	ORDER granting 43 Motion to Withdraw Appearance of Law Student Intern Giovanni Sanchez as Plaintiffs are represented by other counsel. See D. Conn. L. R. 7(e). Signed by Judge Vanessa L. Bryant on 11/14/2018. (Bryan, Kelsey) (Entered: 11/14/2018)
2018-12-03	45	Joint MOTION for Extension of Time to File Response/Reply , in light of federal office closures, as to 37 MOTION for Summary Judgment until 12/14/18 for defendants' response; 1/10/19 for plaintiffs' sur-reply by Department of Defense, Department of Homeland Security. (Elicker, Natalie) (Entered: 12/03/2018)
2018-12-04	46	ORDER granting 45 Joint Motion for Extension of Time for good cause shown. Defendants' response/reply is now due by 12/14/2018 and, should Plaintiffs determine that a sur-reply is necessary, it is due by 1/10/2019 . Signed by Judge Vanessa L. Bryant on 12/4/2018. (Bryan, Kelsey) (Entered: 12/04/2018)
2018-12-04		Reset deadline as to 37 MOTION for Summary Judgment. Response now due by 12/14/2018 per Dkt. 46 Order. (Shafer, J.) (Entered: 12/04/2018)
2018-12-14	47	MOTION for Leave to File Excess Pages by Department of Defense, Department of Homeland Security. (Elicker, Natalie) (Entered: 12/14/2018)
2018-12-14	48	REPLY to Response to 37 MOTION for Summary Judgment filed by Department of Defense, Department of Homeland Security. (Attachments: # 1 Table of Contents of Exhibits to Reply in Support of Motion for Summary Judgment, # 2 Exhibit 9A2, # 3 Exhibit 9B2, # 4 Exhibit 9C2, # 5 Exhibit 9D2, # 6 Exhibit 9E2, # 7 Exhibit 9F2, # 8 Exhibit 9G2, # 9 Exhibit 9I2, # 10 Exhibit 21 - S. Jones 2d Supp. Decl., # 11 Exhibit 22 - R. Sono Decl.)(Elicker, Natalie) (Entered: 12/14/2018)
2018-12-17	49	ORDER granting 47 Motion for Leave to File Excess Pages. Signed by Judge Vanessa L. Bryant on 12/17/2018. (Bryan, Kelsey) (Entered: 12/17/2018)
2019-01-09	50	RESPONSE re 48 Reply to Response to Motion, (Sur-Reply) filed by Connecticut Veterans Legal Center, Protect Our Defenders. (Wishnie, Michael) (Entered: 01/09/2019)
2019-06-05	51	ORDER vacating 35 Amended Scheduling Order. The Court will enter a revised scheduling order after ruling on the pending motion for summary judgment if appropriate. Signed by Judge Vanessa L. Bryant on 6/5/2019. (Bryan, Kelsey) (Entered: 06/05/2019)
2019-07-12	52	ORDER granting in part and denying in part 37 Motion for Summary Judgment for the reasons in the attached memorandum of decision. Signed by Judge Vanessa L. Bryant on 7/12/2019. (Bryan, Kelsey) (Entered: 07/12/2019)
2019-07-16	53	ORDER: In light of the Court's Order on the Motion for Summary Judgment, Dkt. 52 , the parties are ordered to meet and confer and propose to the Court by 7/30/2019 a deadline for production of each category of documents. Signed by Judge Vanessa L. Bryant on 7/16/2019. (Bryan, Kelsey) (Entered: 07/16/2019)
2019-07-19	54	MOTION for Reconsideration re 52 Order on Motion for Summary Judgment by Department of Defense, Department of Homeland Security. (Attachments: # 1 Memorandum in Support, # 2 Affidavit Ex. 23 - R. Sono Decl. (July 18, 2019))(Elicker, Natalie) (Entered: 07/19/2019)
2019-07-30	55	STATUS REPORT proposing production deadline of October 31, 2019 for responsive documents not addressed by motion for reconsideration 54 by Department of Defense, Department of Homeland Security. (Elicker, Natalie) (Entered: 07/30/2019)
2019-08-07	56	Memorandum in Opposition re 54 MOTION for Reconsideration re 52 Order on Motion for Summary Judgment filed by Connecticut Veterans Legal Center, Protect Our Defenders. (Wishnie, Michael) (Entered: 08/07/2019)
2019-08-12	57	MOTION for Leave to Appear Law Student Interns Sebastian Bates, Jazmine Buckley, and Matthew D. Handley by Connecticut Veterans Legal Center, Protect Our Defenders. (Wishnie, Michael) (Entered: 08/12/2019)
2019-08-16	58	ORDER granting 57 Motion for Leave to Appear Law Student Interns Sebastian Bates, Jazmine Buckley, and Matthew D. Handley pursuant to Local R. 83.9(c). Signed by Judge Vanessa L. Bryant on 08/16/2019. (Diamond, Matthew) (Entered: 08/16/2019)
2019-10-28	59	Consent MOTION for Extension of Time until November 30, 2019 for production deadline 55 Status Report by Department of Defense. (Elicker, Natalie) (Entered: 10/28/2019)
2019-10-28	60	ORDER granting 59 Motion for Extension of Time to complete production of the outstanding records addressed in the parties' 07/30/2019 status report. Signed by Judge Vanessa L. Bryant on 10/28/2019. (Diamond, Matthew) (Entered: 10/28/2019)
2019-12-09	61	Second MOTION for Extension of Time until February 7, 2020 for Production Deadline by Department of Defense. (Elicker, Natalie) (Entered: 12/09/2019)
2019-12-10	62	ORDER. Motion Hearing on 61 Second MOTION for Extension of Time set for 12/17/2019 at 10:00 AM in Courtroom Three, 450 Main St., Hartford, CT. The official responsible for Defendants' compliance with the court's order shall appear. Signed by Judge Vanessa L. Bryant on 12/10/2019. (Shafer, J.) Modified to correct scrivener's error on 12/10/2019 (Shafer, J.). (Entered: 12/10/2019)
2019-12-10	63	NOTICE OF E-FILED CALENDAR: THIS IS THE ONLY NOTICE COUNSEL/THE PARTIES WILL RECEIVE. ALL PERSONS ENTERING THE COURTHOUSE MUST PRESENT PHOTO IDENTIFICATION Motion Hearing as to 61 Second MOTION for Extension of Time set for 12/17/2019 at 10:00 AM in Courtroom Three, 450 Main St., Hartford, CT before Judge Vanessa L. Bryant. (Shafer, J.) (Entered: 12/10/2019)
2019-12-13	64	Consent MOTION for Relief from Order to Appear at Motion Hearing [ECF No. 62] in light of production of records re 62 Order Setting Hearing on Motion, by Department of Defense.Responses due by 1/3/2020 (Elicker, Natalie) (Entered: 12/13/2019)
2019-12-16	65	ORDER granting 64 Defendants' Motion to Cancel the Hearing on Defendants' Second Motion for an Extension of Time 61 in reliance on the Defendants' representation that it has fully complied with its discovery obligations. Signed by Judge Vanessa L. Bryant on 12/16/2019. (Diamond, Matthew) (Entered: 12/16/2019)
2019-12-16	66	ORDER finding as moot 61 Defendants' Second Motion for Extension of Time nunc pro tunc based on the Defendants' representation that it fully complied with its discovery obligation on 12/13/2019. 64 . Signed by Judge Vanessa L. Bryant on 12/16/2019. (Diamond, Matthew) (Entered: 12/16/2019)
2019-12-27	67	MOTION for AUSA Carolyn A. Ikari to Withdraw as Attorney by Department of Defense, Department of Homeland Security. (Ikari, Carolyn) (Entered: 12/27/2019)
2020-02-28	68	ORDER denying 54 Motion for Reconsideration for reasons set forth in the attached Memorandum of Decision. Defendants are ordered to produce all documents that were the subject of the motion for reconsideration within 96 hours under penalty of sanctions. Signed by Judge Vanessa L. Bryant on 02/28/2020. (Diamond, Matthew) (Entered: 02/28/2020)
2020-03-03	69	MOTION Relief from production deadline and penalty of sanctions, and for permission to complete rolling production of records within 2 weeks re 68 Order on Motion for Reconsideration, by Department of Defense.Responses due by 3/24/2020 (Attachments: # 1 Exhibit A - Osgood Decl., # 2 Exhibit B - Williams Decl.)(Elicker, Natalie) (Entered: 03/03/2020)
2020-03-04	70	ORDER granting 69 Defendant's Motion for an Extension. In anticipation that the Defendant satisfied their obligation to preserve materials subject to the litigation, the Court will grant the requested two week extension. Production of all unredacted records subject to the Court's Order 68 shall be completed in no event later than 03/17/2020 . This deadline is final . Signed by Judge Vanessa L. Bryant on 03/04/2020. (Diamond, Matthew) (Entered: 03/04/2020)
2020-03-17	71	NOTICE by Department of Defense, Department of Homeland Security re 70 Order on Motion for Miscellaneous Relief, 68 Order on Motion for Reconsideration, Notice of Compliance (Elicker, Natalie) (Entered: 03/17/2020)
2020-05-08	72	ORDER granting 67 Attorney Carolyn Aiko Ikari's Motion to Withdraw as Defendants are represented by other counsel. D. Conn. L. R. Civ. P. 7(e). Signed by Judge Vanessa L. Bryant on 05/08/2020. (Diamond, Matthew) (Entered: 05/08/2020)
2020-10-21	73	NOTICE of Appearance by Renee A. Burbank on behalf of Protect Our Defenders (Burbank, Renee) (Entered: 10/21/2020)
2020-10-21	74	Joint STATUS REPORT by Connecticut Veterans Legal Center, Protect Our Defenders. (Burbank, Renee) (Entered: 10/21/2020)
2020-10-28	75	ORDER DISMISSING CASE as reported settled. The parties have completed document production and no further substantive motions are expected. 74 . The only outstanding issue is the resolution of attorneys fees, the negotiation of which is on-going. 74 . Either party may move to reopen the case either because they could not agree or wish the Court to order the stipulated fee. The parties shall file a status update within 35 days of the date of this Order. Should the parties not reach an agreement by the 35th day, Plaintiff shall file a motion for attorneys' fees on or before the 70th day of the date of this Order. Defendants response shall be filed within 21 days after the motion is filed. The Clerk is directed to close this file. Signed by Judge Vanessa L. Bryant on 10/28/2020. (Diamond, Matthew) (Entered: 10/28/2020)
2020-10-28		JUDICIAL PROCEEDINGS SURVEY - FOR COUNSEL ONLY: 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 (Shafer, J.) (Entered: 10/28/2020)
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