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Case TitleBRYANT v. DEPARTMENT OF THE NAVY
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2019cv02004
Date Filed2019-07-05
Date ClosedOpen
JudgeJudge Trevor N. McFadden
PlaintiffJAMES B. BRYANT
Case DescriptionJames Bryant submitted a FOIA request to the Department of the Navy for records regarding the investigation of the sinking of the submarine Thresher. The agency acknowledged receipt of the request. After the agency failed to respond, Bryant filed an administrative appeal. After hearing nothing further from the agency, Bryant filed suit.
Complaint issues: Litigation - Attorney's fees, Failure to respond within statutory time limit

DefendantDEPARTMENT OF THE NAVY
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2019-07-051COMPLAINT against DEPARTMENT OF THE NAVY ( Filing fee $ 400 receipt number 0090-6235322) filed by JAMES B BRYANT. (Attachments: # 1 Summons, # 2 Summons, # 3 Summons, # 4 Civil Cover Sheet)(Eatinger, Robert) (Entered: 07/05/2019)
2019-07-08Case Assigned to Judge Trevor N. McFadden. (zeg) (Entered: 07/08/2019)
2019-07-08SUMMONS Not Issued as to DEPARTMENT OF THE NAVY (zeg) (Entered: 07/08/2019)
2019-07-082REQUEST FOR SUMMONS TO ISSUE filed by JAMES B BRYANT. (Attachments: # 1 Summons Corrected Summons Form, # 2 Summons Corrected Summons Form)(Eatinger, Robert); Modified on 7/9/2019, Entered in Error was removed. (Entered: 07/08/2019)
2019-07-083STANDING ORDER Establishing Procedures for Cases Before Judge Trevor N. McFadden. The parties are hereby ORDERED to read and comply with the directives in the attached standing order. Signed by Judge Trevor N. McFadden on 7/8/2019. (lctnm2) (Entered: 07/08/2019)
2019-07-094REQUEST FOR SUMMONS TO ISSUE with corrected address re 1 Complaint filed by JAMES B BRYANT. Related document: 1 Complaint filed by JAMES B BRYANT.(Eatinger, Robert) (Entered: 07/09/2019)
2019-07-09ENTERED IN ERROR.....NOTICE OF CORRECTED DOCKET ENTRY: re 2 Request for Summons to Issue was entered in error at the request of counsel. Said pleading was refiled as docket entry 4 . (tth) Modified on 7/11/2019 (znmw). (Entered: 07/09/2019)
2019-07-09NOTICE OF CORRECTED DOCKET ENTRY: re Notice of Corrected Docket Entry was entered in error. (tth) (Entered: 07/09/2019)
2019-07-095SUMMONS (3) Issued Electronically as to DEPARTMENT OF THE NAVY, U.S. Attorney and U.S. Attorney General. (Attachment: # 1 Notice and Consent) (tth) (Entered: 07/09/2019)
2019-07-116RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 7/9/2019. Answer due for ALL FEDERAL DEFENDANTS by 8/8/2019. (Eatinger, Robert) (Entered: 07/11/2019)
2019-07-117RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. DEPARTMENT OF THE NAVY served on 7/9/2019, RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 7/09/2019. (Attachments: # 1 Certificate of Service)(Eatinger, Robert) (Entered: 07/11/2019)
2019-07-118RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. (Eatinger, Robert) (Entered: 07/11/2019)
2019-07-159NOTICE of Appearance by Joshua L. Rogers on behalf of DEPARTMENT OF THE NAVY (Rogers, Joshua) (Entered: 07/15/2019)
2019-08-0510ANSWER to Complaint by DEPARTMENT OF THE NAVY.(Rogers, Joshua) (Entered: 08/05/2019)
2019-08-05MINUTE ORDER. Before the Court are a complaint and an answer in this FOIA case. It is hereby ORDERED that the parties shall meet and confer and file a Joint Status Report proposing a schedule for proceeding in this matter. The schedule should address, among other things, the status of Plaintiff's FOIA request, the anticipated number of documents responsive to Plaintiff's FOIA request, the anticipated date(s) for release of the documents requested by Plaintiff, whether a motion for an Open America stay is likely in this case, whether a Vaughn index will be required in this case, and a briefing schedule for dispositive motions, if required. The parties shall file the schedule on or before September 6, 2019. Signed by Judge Trevor N. McFadden on 08/05/2019. (lctnm1) (Entered: 08/05/2019)
2019-08-06Set/Reset Deadlines: Joint Status Report due by 9/6/2019. (hmc) (Entered: 08/06/2019)
2019-09-0611Joint STATUS REPORT by DEPARTMENT OF THE NAVY. (Rogers, Joshua) (Entered: 09/06/2019)
2019-09-09MINUTE ORDER. Upon consideration of the parties' 11 Joint Status Report, it is hereby ordered that the parties shall file a further Joint Status Report on or before October 9, 2019. The status report should advise the Court about the Defendant's processing of the Plaintiff's FOIA request and propose how the parties would like to proceed in this matter. Signed by Judge Trevor N. McFadden on 09/09/2019. (lctnm2) (Entered: 09/09/2019)
2019-09-10Set/Reset Deadlines: Joint Status Report due by 10/9/2019. (hmc) (Entered: 09/10/2019)
2019-10-0912Joint STATUS REPORT by DEPARTMENT OF THE NAVY. (Rogers, Joshua) (Entered: 10/09/2019)
2019-10-10MINUTE ORDER. Upon consideration of the 12 Joint Status Report, the parties are hereby ORDERED to file a further Joint Status Report on or before November 8, 2019. Signed by Judge Trevor N. McFadden on 10/10/2019. (lctnm2) (Entered: 10/10/2019)
2019-10-10Set/Reset Deadlines: Joint Status Report due by 11/8/2019. (hmc) (Entered: 10/10/2019)
2019-11-0813Joint STATUS REPORT by DEPARTMENT OF THE NAVY. (Rogers, Joshua) (Entered: 11/08/2019)
2019-11-12MINUTE ORDER. Upon consideration of the parties' 13 Joint Status Report, it is hereby ORDERED that the parties shall file a further Joint Status Report on or before December 6, 2019. SO ORDERED. Signed by Judge Trevor N. McFadden on 11/12/2019. (lctnm2) (Entered: 11/12/2019)
2019-11-12Set/Reset Deadlines: Joint Status Report due by 12/6/2019. (tg) (Entered: 11/12/2019)
2019-11-2014NOTICE OF SUBSTITUTION OF COUNSEL by William J. Chang on behalf of DEPARTMENT OF THE NAVY Substituting for attorney joshua rogers (Chang, William) (Entered: 11/20/2019)
2019-12-0615Joint STATUS REPORT by DEPARTMENT OF THE NAVY. (Chang, William) (Entered: 12/06/2019)
2019-12-09MINUTE ORDER. Upon consideration of the parties' 15 Joint Status Report, it is hereby ORDERED that the parties shall submit a further Joint Status Report on or before February 3, 2020. It is further ORDERED that the parties shall appear for a status conference on February 10, 2020, at 10:00 a.m. in Courtroom 2, before Judge Trevor N. McFadden. SO ORDERED. Signed by Judge Trevor N. McFadden on 12/9/2019. (lctnm2) (Entered: 12/09/2019)
2019-12-09Set/Reset Deadlines/Hearings: Joint Status Report due by 2/3/2020. Status Conference set for 2/10/2020 at 10:00 AM in Courtroom 2 before Judge Trevor N. McFadden. (hmc) (Entered: 12/09/2019)
2020-02-0316Joint STATUS REPORT by DEPARTMENT OF THE NAVY. (Chang, William) (Entered: 02/03/2020)
2020-02-10Minute Entry for proceedings held before Judge Trevor N. McFadden: Status Conference held on 2/10/2020. Defendant shall review 300 pages of documents a month starting 4/30/2020, and by the end of every month thereafter. Defendant shall begin rolling productions of documents starting on or before 5/15/2020, and every month thereafter. Joint Status Report due by 5/20/2020, and every 60 days thereafter. (Court Reporter: Crystal Pilgrim.) (hmc) (Entered: 02/10/2020)
2020-04-1717Unopposed MOTION to Stay by DEPARTMENT OF THE NAVY (Attachments: # 1 Affidavit, # 2 Affidavit, # 3 Text of Proposed Order)(Chang, William) (Entered: 04/17/2020)
2020-04-20MINUTE ORDER granting Defendant's 17 Unopposed Motion to Stay. This matter is hereby STAYED pending further order of the Court. It is further ORDERED that Defendant shall file a status report on or before May 20, 2020, updating the Court on the processing of Plaintiff's FOIA request. SO ORDERED. Signed by Judge Trevor N. McFadden on 4/20/2020. (lctnm2) (Entered: 04/20/2020)
2020-04-20Case STAYED. Defendant's Status Report due by 5/20/2020. (hmc) (Entered: 04/20/2020)
2020-05-2018STATUS REPORT by DEPARTMENT OF THE NAVY. (Chang, William) (Entered: 05/20/2020)
2020-05-20MINUTE ORDER. Upon consideration of Defendant's 18 Status Report, it is hereby ORDERED that Defendant shall file its next status report on or before July 20, 2020, updating the Court on the processing of Plaintiff's FOIA request. SO ORDERED. Signed by Judge Trevor N. McFadden on 5/20/2020. (lctnm2) (Entered: 05/20/2020)
2020-05-21Set/Reset Deadlines: Joint Status Report due by 7/20/2020. (hmc) (Entered: 05/21/2020)
2020-05-2219NOTICE of Change of Address by Robert Joseph Eatinger, Jr (Eatinger, Robert) (Entered: 05/22/2020)
2020-07-1620NOTICE OF SUBSTITUTION OF COUNSEL by Kathleene A. Molen on behalf of DEPARTMENT OF THE NAVY Substituting for attorney William Chang (Molen, Kathleene) (Entered: 07/16/2020)
2020-07-1821STATUS REPORT by DEPARTMENT OF THE NAVY. (Molen, Kathleene) (Entered: 07/18/2020)
2020-07-20MINUTE ORDER. Upon consideration of Defendant's 21 Status Report, it is hereby ORDERED that the stay in this case is lifted. The parties shall file a Joint Status Report on or before September 18, 2020. SO ORDERED. Signed by Judge Trevor N. McFadden on 7/20/2020. (lctnm2) (Entered: 07/20/2020)
2020-07-20Set/Reset Deadlines: Joint Status Report due by 9/18/2020. (hmc) (Entered: 07/20/2020)
2020-09-1822Joint STATUS REPORT by DEPARTMENT OF THE NAVY. (Molen, Kathleene) (Entered: 09/18/2020)
2020-09-18MINUTE ORDER. Upon consideration of the 22 Joint Status Report, it is hereby ORDERED that the parties shall file a further Joint Status Report on or before November 20, 2020, updating the Court on the status of Defendant's review and production of records associated with Plaintiff's FOIA request. SO ORDERED. Signed by Judge Trevor N. McFadden on 9/18/2020. (lctnm2) (Entered: 09/18/2020)
2020-09-18Set/Reset Deadlines: Joint Status Report due by 11/20/2020. (zhmc) (Entered: 09/18/2020)
2020-11-1623Joint STATUS REPORT by DEPARTMENT OF THE NAVY. (Molen, Kathleene) (Entered: 11/16/2020)
2020-11-17MINUTE ORDER. Upon consideration of the parties' 23 Joint Status Report, it is hereby ORDERED that the parties shall submit a further Joint Status Report on or before 1/20/2021. SO ORDERED. Signed by Judge Trevor N. McFadden on 11/17/2020. (lctnm2) (Entered: 11/17/2020)
2020-11-17Set/Reset Deadlines: Joint Status Report due by 1/20/2021. (hmc) (Entered: 11/17/2020)
2021-01-1924Joint STATUS REPORT by DEPARTMENT OF THE NAVY. (Molen, Kathleene) (Entered: 01/19/2021)
2021-01-20MINUTE ORDER. Upon consideration of the parties' 24 Joint Status Report, it is hereby ORDERED that the parties shall submit a further Joint Status Report on or before April 20, 2021. SO ORDERED. Signed by Judge Trevor N. McFadden on 1/20/2021. (lctnm2) (Entered: 01/20/2021)
2021-01-21Set/Reset Deadlines: Joint Status Report due by 4/20/2021. (hmc) (Entered: 01/21/2021)
2021-04-1925Joint STATUS REPORT by DEPARTMENT OF THE NAVY. (Molen, Kathleene) (Entered: 04/19/2021)
2021-04-19MINUTE ORDER. Upon consideration of the parties' 25 Joint Status Report, it is hereby ORDERED that the parties shall submit a further Joint Status Report on or before July 20, 2021. SO ORDERED. Signed by Judge Trevor N. McFadden on 4/19/2021. (lctnm2) (Entered: 04/19/2021)
2021-04-20Set/Reset Deadlines: Joint Status Report due by 7/20/2021. (zhmc) (Entered: 04/20/2021)
2021-07-1526Joint STATUS REPORT by DEPARTMENT OF THE NAVY. (Molen, Kathleene) (Entered: 07/15/2021)
2021-07-15MINUTE ORDER. Upon consideration of the parties' 26 Joint Status Report, it is hereby ORDERED that the parties shall submit a further Joint Status Report on or before October 20, 2021. It is further ORDERED that the parties shall appear for a telephonic status conference before Judge McFadden on October 28, 2021 at 10 am. Dial-in details will be emailed to counsel. SO ORDERED. Signed by Judge Trevor N. McFadden on 7/15/2021. (lctnm2) (Entered: 07/15/2021)
2021-07-16Set/Reset Deadlines/Hearings: Joint Status Report due by 10/20/2021. Telephonic Status Conference set for 10/28/2021 at 10:00 AM before Judge Trevor N. McFadden. (hmc) (Entered: 07/16/2021)
2021-09-28NOTICE of Rescheduled Hearing: The parties shall take notice that the Telephonic Status Conference set for 10/28/2021, is RESCHEDULED from 10:00 AM to 2:30 PM before Judge Trevor N. McFadden. (hmc) (Entered: 09/28/2021)
2021-10-1527Joint STATUS REPORT by DEPARTMENT OF THE NAVY. (Molen, Kathleene) (Entered: 10/15/2021)
2021-10-26MINUTE ORDER. The Status Conference previously set for October 28, 2021 is hereby VACATED. As discussed in the most recent 27 Joint Status report, the parties will confer after the Government has made its October installment. The parties shall then file a Joint Status Report by November 22, 2021, updating the Court on any remaining issues with the Governments productions and whether this matter can be resolved without further litigation. SO ORDERED. Signed by Judge Trevor N. McFadden on 10/26/21. (lctnm2) (Entered: 10/26/2021)
2021-10-26Set/Reset Deadlines: Joint Status Report due by 11/22/2021. (hmc) (Entered: 10/26/2021)
2021-11-0528NOTICE OF SUBSTITUTION OF COUNSEL by Paul Cirino on behalf of DEPARTMENT OF THE NAVY Substituting for attorney Kathleene A. Molen (Cirino, Paul) (Entered: 11/05/2021)
2021-11-2229Joint STATUS REPORT by DEPARTMENT OF THE NAVY. (Cirino, Paul) (Entered: 11/22/2021)
2021-11-22MINUTE ORDER. Upon consideration of the parties' 29 Joint Status Report, the parties shall file another JSR on or before January 21, 2022. The parties are also directed to appear for a Telephonic Status Conference at 3:00 p.m. on January 28, 2022 before Judge Trevor N. McFadden. Call-in details will be sent to counsel. SO ORDERED. Signed by Judge Trevor N. McFadden on 11/22/21. (lctnm2) (Entered: 11/22/2021)
2021-11-22Set/Reset Deadlines/Hearings: Joint Status Report due by 1/21/2022. Telephonic Status Conference set for 1/28/2022 at 3:00 PM before Judge Trevor N. McFadden. (hmc) (Entered: 11/22/2021)
2021-12-2330LEAVE TO FILE DENIED- Paul Boyne; Notice. This document is unavailable as the Court denied its filing. "Leave to file Denied". Signed by Judge Trevor N. McFadden on 12/23/2021. (zeg) (Entered: 12/23/2021)
2022-01-2131Joint STATUS REPORT by DEPARTMENT OF THE NAVY. (Cirino, Paul) (Entered: 01/21/2022)
2022-01-28Minute Entry for proceedings held before Judge Trevor N. McFadden: Status Conference held via videoconference on 1/28/2022. Joint Status Report due by 2/28/2022, and every two months thereafter. (Court Reporter: Lisa Moreira.) (hmc) (Entered: 01/28/2022)
2022-02-2832Joint STATUS REPORT by DEPARTMENT OF THE NAVY. (Cirino, Paul) (Entered: 02/28/2022)
2022-04-2833Joint STATUS REPORT by DEPARTMENT OF THE NAVY. (Cirino, Paul) (Entered: 04/28/2022)
2022-06-2734Joint STATUS REPORT by JAMES B. BRYANT. (Eatinger, Robert) (Entered: 06/27/2022)
2022-08-1935NOTICE OF SUBSTITUTION OF COUNSEL by Daniel Patrick Schaefer on behalf of DEPARTMENT OF THE NAVY Substituting for attorney Paul Cirino (Schaefer, Daniel) (Entered: 08/19/2022)
2022-08-2636Joint STATUS REPORT by DEPARTMENT OF THE NAVY. (Schaefer, Daniel) (Entered: 08/26/2022)
2022-08-29MINUTE ORDER. Upon consideration of the 36 Joint Status Report, the Court orders the parties to submit another JSR by November 2, 2022 and every 60 days thereafter. SO ORDERED. Signed by Judge Trevor N. McFadden on 8/29/22. (lctnm2) (Entered: 08/29/2022)
2022-08-29Set/Reset Deadlines: Joint Status Report due by 11/2/2022. (hmc) (Entered: 08/29/2022)
2022-10-1537NOTICE OF SUBSTITUTION OF COUNSEL by Stephanie R. Johnson on behalf of DEPARTMENT OF THE NAVY Substituting for attorney Daniel Patrick Schaefer (Johnson, Stephanie) (Entered: 10/15/2022)
2022-11-0238Joint STATUS REPORT by DEPARTMENT OF THE NAVY. (Johnson, Stephanie) (Entered: 11/02/2022)
2023-01-0539Joint STATUS REPORT by DEPARTMENT OF THE NAVY. (Johnson, Stephanie) (Entered: 01/05/2023)
2023-03-0640Joint STATUS REPORT by DEPARTMENT OF THE NAVY. (Johnson, Stephanie) (Entered: 03/06/2023)
2023-05-0241Joint STATUS REPORT by DEPARTMENT OF THE NAVY. (Johnson, Stephanie) (Entered: 05/02/2023)
2023-07-0542Joint STATUS REPORT by DEPARTMENT OF THE NAVY. (Johnson, Stephanie) (Entered: 07/05/2023)
2023-09-0543Joint STATUS REPORT by DEPARTMENT OF THE NAVY. (Johnson, Stephanie) (Entered: 09/05/2023)
2023-11-0644Joint STATUS REPORT by DEPARTMENT OF THE NAVY. (Johnson, Stephanie) (Entered: 11/06/2023)
2024-01-0545Joint STATUS REPORT by JAMES B. BRYANT. (Eatinger, Robert) (Entered: 01/05/2024)
2024-01-10NOTICE of Provisional/Government Not Certified Status re 45 Joint STATUS REPORT by JAMES B. BRYANT. (Eatinger, Robert). Your attorney renewal/government certification has not been received. As a result, your membership with the U.S. District & Bankruptcy Courts for the District of Columbia is not in good standing, and you are not permitted to file. Pursuant to Local Civil Rule 83.9, you must immediately correct your membership status by following the appropriate instructions on this page of our website: https://www.dcd.uscourts.gov/attorney-renewal. Please be advised that the presiding judge in this case has been notified that you are currently not in good standing to file in this court. Renewal Due by 1/17/2024. (zmrl) (Entered: 01/10/2024)
2024-03-0547Joint STATUS REPORT by DEPARTMENT OF THE NAVY. (Johnson, Stephanie) (Entered: 03/05/2024)
2024-05-0648Joint STATUS REPORT by JAMES B. BRYANT. (Eatinger, Robert) (Entered: 05/06/2024)
2024-05-06MINUTE ORDER: After considering the 48 Joint Status Report, the Court ORDERS the parties to file another JSR by July 5, 2024, updating the Court on the progress of their resolution efforts. The Court FURTHER ORDERS that after all productions are complete and before parties propose a briefing schedule for summary judgment motions they shall meet in-person to discuss the sufficiency of Defendant's productions. Any request for a briefing schedule must certify this meeting has occurred and that despite good-faith negotiations, no resolution between the parties is possible. Signed by Judge Trevor N. McFadden on 5/6/2024. (lctnm2) (Entered: 05/06/2024)
2024-05-07RESOLVED.....NOTICE of Provisional/Government Not Certified Status re 48 Joint STATUS REPORT by JAMES B. BRYANT. (Eatinger, Robert). Your attorney renewal/government certification has not been received. As a result, your membership with the U.S. District & Bankruptcy Courts for the District of Columbia is not in good standing, and you are not permitted to file. Pursuant to Local Civil Rule 83.9, you must immediately correct your membership status by following the appropriate instructions on this page of our website: https://www.dcd.uscourts.gov/attorney-renewal. Please be advised that the presiding judge in this case has been notified that you are currently not in good standing to file in this court. Renewal Due by 5/14/2024. (znmw) Modified on 5/23/2024 (znmw). (Entered: 05/07/2024)
2024-06-2749Joint STATUS REPORT by DEPARTMENT OF THE NAVY. (Johnson, Stephanie) (Entered: 06/27/2024)
2024-06-27MINUTE ORDER: After considering the 49 Joint Status Report, the Court ORDERS the parties to file another JSR by September 5, 2024, updating the Court on the progress of their resolution efforts. If the parties are able to meet and confer regarding Defendant's productions and are prepared to propose a briefing schedule before that date, they should promptly notify the Court. SO ORDERED. Signed by Judge Trevor N. McFadden on 6/27/2024. (lctnm2) (Entered: 06/27/2024)
2024-09-0550Joint STATUS REPORT by DEPARTMENT OF THE NAVY. (Johnson, Stephanie) (Entered: 09/05/2024)
2024-09-05MINUTE ORDER: After considering the 50 Joint Status Report, the Court ORDERS the parties to file another JSR by November 12, 2024, updating the Court on the progress of their resolution efforts. SO ORDERED. Signed by Judge Trevor N. McFadden on 9/5/2024. (lctnm2) (Entered: 09/05/2024)
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