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Case TitleFIGUEROA v. DEPARTMENT OF DEFENSE et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2018cv01393
Date Filed2018-06-13
Date Closed2019-07-11
JudgeJudge Dabney L. Friedrich
PlaintiffANTONIO FIGUEROA
Case DescriptionAntonio Figueroa submitted a FOIA request to the Department of the Air Force for records from the Puerto Rico National Guard. After hearing nothing further from the agency, Figueroa filed an administrative appeal. After hearing nothing further, he filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantDEPARTMENT OF DEFENSE
DefendantDEPARTMENT OF THE AIR FORCE
Documents
Docket
Complaint
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

2018-06-131COMPLAINT against All Defendants ( Filing fee $ 400 receipt number 0090-5531747) filed by Antonio Figueroa. (Attachments: # 1 Exhibit FOIA Request, # 2 Exhibit Postal Receipt, # 3 Exhibit FOIA Appeal, # 4 Exhibit Appeal Response, # 5 Exhibit Privacy Appeal, # 6 Exhibit FOIA Appeal Higher, # 7 Exhibit FOIA Response Final, # 8 Exhibit PRNG Acknowledgement, # 9 Civil Cover Sheet, # 10 Civil Cover Sheet Related Case Form, # 11 Summons Air force, # 12 Summons Attorney General, # 13 Summons Dod)(Manne, Jason) (Entered: 06/13/2018)
2018-06-132ERRATA (Redacting SSN from Exhibit) by Antonio Figueroa 1 Complaint,, filed by Antonio Figueroa. (Manne, Jason) (Entered: 06/13/2018)
2018-06-13Case Assigned to Judge Dabney L. Friedrich. (zsth) (Entered: 06/13/2018)
2018-06-133NOTICE OF RELATED CASE by ANTONIO FIGUEROA. Case related to Case No. 17-cv-1713. (zsth) (Entered: 06/13/2018)
2018-06-134REQUEST FOR SUMMONS TO ISSUE to US Attorney for District of Columbia re 1 Complaint,, filed by ANTONIO FIGUEROA. Related document: 1 Complaint,, filed by ANTONIO FIGUEROA.(Manne, Jason) (Entered: 06/13/2018)
2018-06-135REQUEST FOR SUMMONS TO ISSUE (Corrected FOIA Summons) re 1 Complaint,, filed by ANTONIO FIGUEROA. Related document: 1 Complaint,, filed by ANTONIO FIGUEROA. (Attachments: # 1 Summons, # 2 Summons, # 3 Summons)(Manne, Jason) (Entered: 06/13/2018)
2018-06-186SUMMONS (4) Issued Electronically as to DEPARTMENT OF DEFENSE, DEPARTMENT OF THE AIR FORCE, U.S. Attorney and U.S. Attorney General (jf) (Additional attachment(s) added on 6/18/2018: # 1 Consent Form) (zjf). (Entered: 06/18/2018)
2018-08-107AMENDED COMPLAINT against DEPARTMENT OF DEFENSE, DEPARTMENT OF THE AIR FORCE 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 Exhibit Exhibit I, # 10 Exhibit Exhibit J, # 11 Exhibit Exhibit K, # 12 Exhibit Exhibit L)(Manne, Jason) (Entered: 08/10/2018)
2018-08-108RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 7/23/2018. ( Answer due for ALL FEDERAL DEFENDANTS by 8/22/2018.), RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 07/23/2018., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. DEPARTMENT OF DEFENSE served on 7/23/2018; DEPARTMENT OF THE AIR FORCE served on 7/23/2018 (Manne, Jason) (Entered: 08/10/2018)
2018-08-229Consent MOTION for Extension of Time to File Answer re 7 Amended Complaint, by DEPARTMENT OF DEFENSE, DEPARTMENT OF THE AIR FORCE (Haynes, Fred) (Entered: 08/22/2018)
2018-08-23MINUTE ORDER granting the defendant's 9 Motion for Extension of Time to File Answer. It is ORDERED that the defendant shall file its answer on or before August 24, 2018. Signed by Judge Dabney L. Friedrich on August 23, 2018. (lcdlf2) (Entered: 08/23/2018)
2018-08-2410ANSWER to 7 Amended Complaint, by DEPARTMENT OF DEFENSE, DEPARTMENT OF THE AIR FORCE.(Haynes, Fred) (Entered: 08/24/2018)
2018-08-2811MINUTE ORDER requiring the parties to MEET AND CONFER and file a Joint Status Report proposing a schedule for further proceedings. The parties shall file the Joint Status Report no later than September 26, 2018. Signed by Judge Dabney L. Friedrich on August 28, 2018. (lcdlf1) (Entered: 08/28/2018)
2018-09-2612Consent MOTION for Extension of Time to File the Parties' Joint Status Report by DEPARTMENT OF DEFENSE, DEPARTMENT OF THE AIR FORCE (Haynes, Fred) (Entered: 09/26/2018)
2018-09-27MINUTE ORDER granting the defendant's 12 Consent Motion for One-Week Extension of Time to File Joint Status Report. Accordingly, it is ORDERED that the parties shall file a joint status report on or before October 3, 2018. Signed by Judge Dabney L. Friedrich on September 27, 2018. (lcdlf1) (Entered: 09/27/2018)
2018-09-27Set/Reset Deadlines: Status Report due by 10/3/2018. (jl) (Entered: 09/27/2018)
2018-10-0313Consent MOTION for Extension of Time to File the Parties' Joint Status Report by DEPARTMENT OF DEFENSE, DEPARTMENT OF THE AIR FORCE (Haynes, Fred) (Entered: 10/03/2018)
2018-10-04MINUTE ORDER granting the defendants' 13 Consent Motion for a Further One-Week Extension of Time to File Joint Status Report. Accordingly, it is ORDERED that the parties shall file a joint status report on or before October 10, 2018. Signed by Judge Dabney L. Friedrich on October 4, 2018. (lcdlf1) (Entered: 10/04/2018)
2018-10-04Set/Reset Deadlines/Hearings: Status Report due by 10/10/2018. (jl) (Entered: 10/04/2018)
2018-10-1014Consent MOTION for Extension of Time to File the Parties' Joint Status Report (to October 17, 2018) by DEPARTMENT OF DEFENSE, DEPARTMENT OF THE AIR FORCE (Haynes, Fred) (Entered: 10/10/2018)
2018-10-11MINUTE ORDER granting the defendant's 14 Consent Motion for a Further One-Week Extension of Time to File Joint Status Report. Accordingly, it is ORDERED that the parties shall file a status report on or before October 17, 2018. Signed by Judge Dabney L. Friedrich on October 11, 2018. (lcdlf1) (Entered: 10/11/2018)
2018-10-11Set/Reset Deadlines/Hearings: Status Report due by 10/17/2018. (jl) (Entered: 10/12/2018)
2018-10-1715Joint STATUS REPORT by DEPARTMENT OF DEFENSE, DEPARTMENT OF THE AIR FORCE. (Haynes, Fred) (Entered: 10/17/2018)
2018-10-18MINUTE ORDER adopting the proposal in the parties' 15 Joint Status Report. Accordingly, it is ORDERED that the parties shall file another joint status report on or before December 17, 2018. Signed by Judge Dabney L. Friedrich on October 18, 2018. (lcdlf1) (Entered: 10/18/2018)
2018-12-1716STATUS REPORT (by Plaintiff only) by ANTONIO FIGUEROA. (Manne, Jason) (Entered: 12/17/2018)
2018-12-1717Consent MOTION for Extension of Time to File the Joint Status Report by DEPARTMENT OF DEFENSE, DEPARTMENT OF THE AIR FORCE (Haynes, Fred) (Entered: 12/17/2018)
2018-12-18MINUTE ORDER. The Court has reviewed the plaintiff's 16 Status Report and the defendants' 17 Consent Motion for Extension of Time to File the Joint Status Report. This is the defendants' fifth request for an extension of time in this case. The plaintiff has consented to, and the Court has granted, four previous extensions. The plaintiff consented to the instant request as well, but chose to file a separate status report late last evening to avoid missing the deadline set by the Court. In his status report, the plaintiff requests that the Court establish deadlines for the defendants to release all non-privileged documents and to file a motion for summary judgment and Vaughn index. The plaintiff did not propose any particular deadlines but expressed concern with the defendants' failure to to provide any records, despite their previous representation that they expected to complete their release of documents by December 10, 2018. See Joint Status Report (October 17, 2018) (defendants planned to make first release of records by November 9, 2018 and believed they could complete production of all records by December 10, 2018). The Court will defer establishing the deadlines requested by the plaintiff until the parties have had an opportunity to meet and confer and to propose a joint briefing schedule and schedule for further proceedings, if necessary. Accordingly, it is ORDERED that the defendants' consent motion is GRANTED. It is FURTHER ORDERED that the parties shall file a joint status report on or before December 21, 2018. The joint status report shall include proposed deadlines by which the defendants must complete their release of documents and file a Vaughn index and any dispositive motions. Further requests for extensions by the defendants will not be granted. Signed by Judge Dabney L. Friedrich on December 18, 2018. (lcdlf1) (Entered: 12/18/2018)
2018-12-18Set/Reset Deadlines/Hearings: Joint Status Report due by 12/21/2018. (jl) (Entered: 12/18/2018)
2018-12-2118Joint STATUS REPORT by DEPARTMENT OF DEFENSE, DEPARTMENT OF THE AIR FORCE. (Haynes, Fred) (Entered: 12/21/2018)
2018-12-22MINUTE ORDER adopting the proposal in the parties' 18 Joint Status Report. Accordingly, it is ORDERED that (1) the defendants shall complete their production to the plaintiff of records responsive to his FOIA request that can be released in whole or in part on or before March 29, 2019, (2) the defendants shall file their motion for summary judgment on or before March 29, 2018, (3) the plaintiff will file his opposition, if any, on or before April 30, 2019, and (4) the defendants shall file their reply, if any, on or before May 15, 2019. Signed by Judge Dabney L. Friedrich on December 22, 2018. (lcdlf1) (Entered: 12/22/2018)
2019-03-2919Consent MOTION for Extension of Time to File Defendants' Motion for Summary Judgment by DEPARTMENT OF DEFENSE, DEPARTMENT OF THE AIR FORCE (Haynes, Fred) (Entered: 03/29/2019)
2019-03-2920RESPONSE re 19 Consent MOTION for Extension of Time to File Defendants' Motion for Summary Judgment (Indicating lack of consent due to non-compliant proposed order) filed by ANTONIO FIGUEROA. (Manne, Jason) (Entered: 03/29/2019)
2019-04-01MINUTE ORDER granting the defendants' 19 Motion for Extension of Time to File. Accordingly, it is ORDERED that (1) the defendants shall file their summary judgment motion on or before April 12, 2019, (2) the plaintiff shall file his opposition, if any, on or before May 14, 2019, and (3) the defendants shall file their reply, if any, on or before May 29, 2019. Further requests for extensions by the defendants will not be granted. Signed by Judge Dabney L. Friedrich on April 1, 2019. (lcdlf1) (Entered: 04/01/2019)
2019-04-01Set/Reset Deadlines/Hearings: Defendants' Summary Judgment motion due by 4/12/2019. Response to Motion for Summary Judgment due by 5/14/2019. Reply to Motion for Summary Judgment due by 5/29/2019. (zcdw) (Entered: 04/01/2019)
2019-04-1221MOTION for Summary Judgment by DEPARTMENT OF DEFENSE, DEPARTMENT OF THE AIR FORCE (Attachments: # 1 Exhibit A - Gonzalez Declaration, # 2 Exhibit B - O'Connor Declaration)(Haynes, Fred) (Entered: 04/12/2019)
2019-05-0122Memorandum in opposition to re 21 MOTION for Summary Judgment filed by ANTONIO FIGUEROA. (Attachments: # 1 Text of Proposed Order, # 2 Exhibit Exhibit M - Redacted IG Report, # 3 Exhibit Exhibit N - Reprocessed Pages, # 4 Exhibit Exhibit O - Vaughn Index, # 5 Statement of Facts Response to Govt Statement of Facts)(Manne, Jason) (Entered: 05/01/2019)
2019-05-2923Consent MOTION for Extension of Time to File Defendants' Reply Memorandum in Support of Their Motion for Summary Judgment by DEPARTMENT OF DEFENSE, DEPARTMENT OF THE AIR FORCE (Haynes, Fred) (Entered: 05/29/2019)
2019-05-30MINUTE ORDER granting the defendants' 23 Consent Motion for Extension of Time. Accordingly, it is ORDERED that the defendants shall file their reply, if any, in support of their 21 Motion for Summary Judgment on or before June 10, 2019. Signed by Judge Dabney L. Friedrich on May 30, 2019. (lcdlf1) (Entered: 05/30/2019)
2019-05-30Set/Reset Deadlines: Reply, if any, to Motion for Summary Judgment due by 6/10/2019. (kh) (Entered: 05/30/2019)
2019-06-1024Consent MOTION for Extension of Time to File Defendants' Reply Memorandum in Support of Their Motion for Summary Judgment by DEPARTMENT OF DEFENSE, DEPARTMENT OF THE AIR FORCE (Haynes, Fred) (Entered: 06/10/2019)
2019-06-11MINUTE ORDER granting the defendants' 24 Consent Motion for Extension of Time. Accordingly, it is ORDERED that the defendants may file their reply, if any, in support of their 21 Motion for Summary Judgment on or before June 20, 2019. Signed by Judge Dabney L. Friedrich on June 11, 2019. (lcdlf1) (Entered: 06/11/2019)
2019-06-11Set/Reset Deadlines: Reply to Motion for Summary Judgment due by 6/20/2019. (zcal) (Entered: 06/11/2019)
2019-06-2525Consent MOTION for Extension of Time to File Defendants' Reply Memorandum in Support of Their Motion for Summary Judgment by DEPARTMENT OF DEFENSE, DEPARTMENT OF THE AIR FORCE (Haynes, Fred) (Entered: 06/25/2019)
2019-06-26MINUTE ORDER granting the defendants' 25 Consent Motion for Extension of Time. Accordingly, it is ORDERED that the defendants shall file their reply, if any, in support of their motion for summary judgment on or before July 12, 2019. Signed by Judge Dabney L. Friedrich on June 26, 2019. (lcdlf1) (Entered: 06/26/2019)
2019-06-26Set/Reset Deadlines: Reply to Motion for Summary Judgment due by 7/12/2019. (kh) (Entered: 06/26/2019)
2019-06-2726NOTICE of Appearance by Benton Gregory Peterson on behalf of DEPARTMENT OF DEFENSE, DEPARTMENT OF THE AIR FORCE (Peterson, Benton) (Entered: 06/27/2019)
2019-07-1127STIPULATION of Dismissal and Settlement by DEPARTMENT OF DEFENSE, DEPARTMENT OF THE AIR FORCE. (Peterson, Benton) (Entered: 07/11/2019)
2019-07-11MINUTE ORDER dismissing this case with prejudice in light of the parties' 27 Stipulation of Settlement and Dismissal. See Fed. R. Civ. P. 41(a). It is further ORDERED that the defendants' 21 Motion for Summary Judgment is DENIED as moot. The Clerk of Court is directed to close this case. Signed by Judge Dabney L. Friedrich on July 11, 2019. (lcdlf1) (Entered: 07/11/2019)
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