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Case TitleWALKER v. MATTHEW P. DONOVAN
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2019cv03784
Date Filed2019-12-19
Date ClosedOpen
JudgeJudge Tanya S. Chutkan
PlaintiffDAVID B. WALKER
Case DescriptionDavid Walker, who was serving as chief of staff for the Delaware Air National Guard when he received a letter of admonishment accusing him of dereliction of duty, submitted five FOIA requests to the Department of the Air Force for records concerning the basis for the letter of admonishment. The agency acknowledged receipt of the requests. Walker made several attempts to check on the status of his requests. However, after hearing nothing further from the agency, Walker filed suit.
Complaint issues: Failure to respond within statutory time limit, Public Interest Fee Waiver, Litigation - Attorney's fees

DefendantDEPARTMENT OF THE AIR FORCE
DefendantMATTHEW P. DONOVAN Acting Secretary United 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
Opinion/Order [33]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2019-12-191COMPLAINT against DEPARTMENT OF THE AIR FORCE ( Filing fee $ 400 receipt number ADCDC-6664237) filed by DAVID B WALKER. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Exhibit A, # 4 Exhibit B, # 5 Exhibit C, # 6 Exhibit D, # 7 Exhibit E, # 8 Exhibit F, # 9 Exhibit G, # 10 Exhibit H, # 11 Exhibit I, # 12 Exhibit J)(Rapp-Tully, Stephanie) (Entered: 12/19/2019)
2019-12-20Case Assigned to Judge Tanya S. Chutkan. (adh, ) (Entered: 12/20/2019)
2019-12-202SUMMONS (1) Issued Electronically as to MATTHEW P. DONOVAN, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(adh, ) (Entered: 12/20/2019)
2020-01-213RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 1/3/2020. (Attachments: # 1 Exhibit)(Rapp-Tully, Stephanie) (Entered: 01/21/2020)
2020-01-214RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 1/3/2020. Answer due for ALL FEDERAL DEFENDANTS by 2/2/2020. (Attachments: # 1 Exhibit)(Rapp-Tully, Stephanie) (Entered: 01/21/2020)
2020-01-215RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. MATTHEW P. DONOVAN served on 1/2/2020 (Attachments: # 1 Exhibit)(Rapp-Tully, Stephanie) (Entered: 01/21/2020)
2020-02-046NOTICE of Appearance by Jeremy Allen Haugh on behalf of MATTHEW P. DONOVAN (Haugh, Jeremy) (Entered: 02/04/2020)
2020-02-047ANSWER to Complaint by MATTHEW P. DONOVAN.(Haugh, Jeremy) (Entered: 02/04/2020)
2020-02-05MINUTE ORDER: Before the Court in this FOIA case are a complaint and an answer. The requirements of LCvR 16.3 and Rule 26(f) of the Federal Rules of Civil procedure appear to be inapplicable. IT IS HEREBY ORDERED that the parties shall meet and confer and propose a schedule for proceeding in this matter. The schedule shall address 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, whether and when either party anticipates filing a dispositive motion, and any other pertinent issues. The parties shall file a joint status report that addresses these issues no later than 3/6/2020. The joint status report shall be accompanied by a proposed order. Signed by Judge Tanya S. Chutkan on 2/5/2020. (DJS) (Entered: 02/05/2020)
2020-02-05Set/Reset Deadlines: Joint Status Report due by 3/6/2020. (tb) (Entered: 02/05/2020)
2020-03-068Joint STATUS REPORT by MATTHEW P. DONOVAN. (Haugh, Jeremy) (Entered: 03/06/2020)
2020-03-06MINUTE ORDER: Having considered the parties' joint status report 8 , it is hereby ordered that the parties shall file another joint report by 4/15/2020 and every 30 days thereafter. To the extent the report contains a proposed production or briefing schedule, a proposed order shall accompany the report. Signed by Judge Tanya S. Chutkan on 3/6/2020. (DJS) (Entered: 03/06/2020)
2020-03-10Set/Reset Deadlines: Joint Status Report due by 4/15/2020. (tb) (Entered: 03/10/2020)
2020-04-159Joint STATUS REPORT by MATTHEW P. DONOVAN. (Haugh, Jeremy) (Entered: 04/15/2020)
2020-04-16MINUTE ORDER: Having considered the parties' joint status report 9 it is herby ordered that the parties shall file another joint report by 5/15/2020 and every 30 days thereafter. To the extent the report contains a proposed briefing schedule, a proposed order shall accompany the report. Signed by Judge Tanya S. Chutkan on 4/16/2020. (DJS) (Entered: 04/16/2020)
2020-04-17Set/Reset Deadlines: Joint Status Report due by 5/15/2020. (tb) (Entered: 04/17/2020)
2020-05-1510Joint STATUS REPORT by MATTHEW P. DONOVAN. (Haugh, Jeremy) (Entered: 05/15/2020)
2020-06-1511Joint STATUS REPORT by MATTHEW P. DONOVAN. (Haugh, Jeremy) (Entered: 06/15/2020)
2020-07-1512Joint STATUS REPORT by MATTHEW P. DONOVAN. (Haugh, Jeremy) (Entered: 07/15/2020)
2020-08-1413Joint STATUS REPORT by MATTHEW P. DONOVAN. (Haugh, Jeremy) (Entered: 08/14/2020)
2020-09-0214NOTICE OF SUBSTITUTION OF COUNSEL by Sean Patrick Mahard on behalf of MATTHEW P. DONOVAN Substituting for attorney Jeremy A. Haugh (Mahard, Sean) (Entered: 09/02/2020)
2020-09-1515Joint STATUS REPORT by MATTHEW P. DONOVAN. (Mahard, Sean) (Entered: 09/15/2020)
2020-09-23MINUTE ORDER: Having considered the parties' joint status report 15 , it is hereby ordered that the Defendant shall provide a a final response to Plaintiff's individual requests by 10/15/2020. By 10/30/2020 the parties shall meet and confer regarding the disclosures, as well as any objections. To the extent briefing becomes necessary, the parties shall file a jointly proposed briefing scheduled by 10/30/2020, along with a proposed order. Signed by Judge Tanya S. Chutkan on 9/23/2020. (DJS) (Entered: 09/23/2020)
2020-09-25Set/Reset Deadlines: Attorney Meet and Confer Conference due by 10/30/2020. Joint Proposed Briefing Schedule due by 10/30/2020. Response due by 10/15/2020. (tb) (Entered: 09/25/2020)
2020-10-3016PROPOSED BRIEFING SCHEDULE (Joint) by MATTHEW P. DONOVAN. (Attachments: # 1 Text of Proposed Order)(Mahard, Sean) (Entered: 10/30/2020)
2020-11-08MINUTE ORDER: Having considered the parties' joint status report 16 , it is hereby ordered that the parties shall adhere to the following deadlines: Plaintiff's Motion for Summary Judgment due 12/10/20. Defendant's Combined Cross-Motion for Summary Judgment/Opposition due 1/14/21. Plaintiff's Combined Opposition/Reply due 2/4/21. Defendant's Reply due 2/25/21. Signed by Judge Tanya S. Chutkan on 11/8/2020. (DJS) (Entered: 11/08/2020)
2020-11-09Set/Reset Deadlines: Cross Motion due by 1/14/2021. Response to Cross Motion due by 2/4/2021. Reply to Cross Motion due by 2/25/2021. Summary Judgment motion due by 12/10/2020. Response to Motion for Summary Judgment due by 1/14/2021. Reply to Motion for Summary Judgment due by 2/4/2021. (tb) (Entered: 11/09/2020)
2020-12-1017Partial MOTION for Summary Judgment by DAVID B. WALKER (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Exhibit 1, # 4 Exhibit 2A, # 5 Exhibit 2B, # 6 Exhibit 2C, # 7 Exhibit 3, # 8 Exhibit 4, # 9 Exhibit 5, # 10 Text of Proposed Order)(Rapp-Tully, Stephanie) Modified event on 12/11/2020 (ztd). (Entered: 12/10/2020)
2020-12-1118NOTICE Precipe Correcting Previously Filed Exhibit by DAVID B. WALKER re 17 Partial MOTION for Summary Judgment (Attachments: # 1 Exhibit *corrected* Exhibit 5)(Rapp-Tully, Stephanie) (Entered: 12/11/2020)
2020-12-1619NOTICE OF SUBSTITUTION OF COUNSEL by Steven L. Herrick on behalf of DAVID B. WALKER Substituting for attorney Stephanie Rapp-Tully (Attachments: # 1 Certificate of Service)(Herrick, Steven) (Entered: 12/16/2020)
2021-01-1220Consent MOTION for Extension of Time to File Defendant's Cross-Motion for Summary Judgment and Opposition to Plaintiff's Partial Motion for Summary Judgment by MATTHEW P. DONOVAN (Attachments: # 1 Text of Proposed Order)(Mahard, Sean) (Entered: 01/12/2021)
2021-01-14MINUTE ORDER: Granting Consent 20 Motion for Extension of Deadlines. Defendant's Combined Cross-Motion/Opposition due 1/29/21. Plaintiff's Combined Opposition/Reply due 2/19/21. Defendants Reply due 3/12/021. Signed by Judge Tanya S. Chutkan on 1/14/21. (DJS) (Entered: 01/14/2021)
2021-01-15Set/Reset Deadlines: Cross Motion due by 1/29/2021. Response to Cross Motion due by 2/19/2021. Reply to Cross Motion due by 3/12/2021. Response to Motion for Summary Judgment due by 1/29/2021. Reply to Motion for Summary Judgment due by 2/19/2021. (tb) (Entered: 01/15/2021)
2021-01-2821Consent MOTION for Extension of Time to File Defendant's Cross-Motion for Summary Judgment and Opposition to Plaintiff's Partial Motion for Summary Judgment by MATTHEW P. DONOVAN. (Attachments: # 1 Text of Proposed Order)(Mahard, Sean) (Entered: 01/28/2021)
2021-01-29MINUTE ORDER; Granting Consent 21 Motion for Extension of Deadlines. Defendant's Combined Cross-Motion for Summary Judgment and Opposition due 3/1/21. Plaintiff's Combined Opposition/Reply due 3/22/21. Defendant's Reply due 4/12/21. Signed by Judge Tanya S. Chutkan on 1/29/21. (DJS) (Entered: 01/29/2021)
2021-02-01Set/Reset Deadlines: Cross Motion due by 3/1/2021. Response to Cross Motion due by 3/22/2021. Reply to Cross Motion due by 4/12/2021. Response to Motion for Summary Judgment due by 3/1/2021. Reply to Motion for Summary Judgment due by 3/22/2021. (tb) (Entered: 02/01/2021)
2021-02-0522Consent MOTION for Leave to Seal Exhibit 5 of Plaintiff's Partial Motion for Summary Judgment by MATTHEW P. DONOVAN. (Attachments: # 1 Text of Proposed Order)(Mahard, Sean) (Entered: 02/05/2021)
2021-02-05MINUTE ORDER: Granting Consent 22 Motion for Leave to Seal Document. It is hereby ordered that Exhibit 5 attached to Plaintiff's Partial Motion for Summary Judgment shall be SEALED. Signed by Judge Tanya S. Chutkan on 2/5/21. (DJS) (Entered: 02/05/2021)
2021-02-2823Consent MOTION for Extension of Time to File Defendant's Cross-Motion for Summary Judgment and Opposition to Plaintiff's Partial Motion for Summary Judgment by MATTHEW P. DONOVAN. (Attachments: # 1 Text of Proposed Order)(Mahard, Sean) (Entered: 02/28/2021)
2021-02-28MINUTE ORDER: Granting Consent 23 Motion for Extension of Deadlines. Defendant's Combined Cross-Motion for Summary Judgment/Opposition due on 3/15/21. Plaintiff's Combined Opposition/Reply due on 4/5/21. Defendant's Reply due on 4/26/21. Signed by Judge Tanya S. Chutkan on 2/28/21. (DJS) (Entered: 02/28/2021)
2021-03-01Set/Reset Deadlines: Cross Motion due by 3/5/2021. Response to Cross Motion due by 4/5/2021. Reply to Cross Motion due by 4/26/2021. Response to Motion for Summary Judgment due by 3/15/2021. Reply to Motion for Summary Judgment due by 4/5/2021. (tb) (Entered: 03/01/2021)
2021-03-1524Cross MOTION for Summary Judgment by MATTHEW P. DONOVAN. (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Declaration of Verona Anderson (with exhibit), # 4 Declaration of Lieutenant Colonel David B. Eby (with exhibit), # 5 Text of Proposed Order)(Mahard, Sean) (Entered: 03/15/2021)
2021-03-1525Memorandum in opposition to re 17 MOTION for Partial Summary Judgment filed by MATTHEW P. DONOVAN. (Attachments: # 1 Defendant's Response to Plaintiff's Statement of Material Facts, # 2 Declaration of Verona Anderson (with exhibit), # 3 Declaration of Lieutenant Colonel David B. Eby (with exhibit), # 4 Text of Proposed Order)(Mahard, Sean) (Entered: 03/15/2021)
2021-04-0526Memorandum in opposition to re 24 Cross MOTION for Summary Judgment filed by DAVID B. WALKER. (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Exhibit 1, # 4 Exhibit 2A, # 5 Exhibit 2B, # 6 Exhibit 2C, # 7 Exhibit 2D, # 8 Exhibit 3)(Herrick, Steven) (Entered: 04/05/2021)
2021-04-0527REPLY to opposition to motion re 17 MOTION for Partial Summary Judgment filed by DAVID B. WALKER. (ztd); (See docket entry no. 26 to view.) (Entered: 04/06/2021)
2021-04-2228NOTICE OF SUBSTITUTION OF COUNSEL by Stephanie Lynn Rapp-Tully on behalf of DAVID B. WALKER Substituting for attorney Cheri L. Cannon (Rapp-Tully, Stephanie) (Entered: 04/22/2021)
2021-04-2329Unopposed MOTION for Extension of Time to file Defendant's Reply by MATTHEW P. DONOVAN. (Attachments: # 1 Text of Proposed Order)(Mahard, Sean) Modified event on 4/23/2021 (ztd). (Entered: 04/23/2021)
2021-04-24MINUTE ORDER: Granting Unopposed 29 Motion for Extension of Deadlines. Defendant's Reply due on or before 5/12/21. Signed by Judge Tanya S. Chutkan on 4/24/21. (DJS) (Entered: 04/24/2021)
2021-04-26Set/Reset Deadlines: Reply due by 5/12/2021. (tb) (Entered: 04/26/2021)
2021-05-1230REPLY to opposition to motion re 24 Cross MOTION for Summary Judgment filed by MATTHEW P. DONOVAN. (Attachments: # 1 Exhibit 1: Declaration of Preston P. Campbell, # 2 Exhibit 2: Supplemental Declaration of Lieutenant Colonel David B. Eby, # 3 Exhibit 3: Declaration of Mark Dorgan (with exhibits))(Mahard, Sean) (Entered: 05/12/2021)
2021-06-1431NOTICE OF SUBSTITUTION OF COUNSEL by Jessica B. Colsia on behalf of MATTHEW P. DONOVAN Substituting for attorney Sean Mahard (Colsia, Jessica) (Entered: 06/14/2021)
2022-05-0232NOTICE OF SUBSTITUTION OF COUNSEL by John Haberland on behalf of MATTHEW P. DONOVAN Substituting for attorney Jessica Colsia (Haberland, John) (Entered: 05/02/2022)
2023-03-3133MEMORANDUM OPINION re: Plaintiff's 17 Motion for Partial Summary Judgment and Defendant's 24 Cross-Motion for Summary Judgment. Signed by Judge Tanya S. Chutkan on 03/31/2023. (lcss) (Entered: 03/31/2023)
2023-03-3134ORDER denying Plaintiff's 17 Motion for Partial Summary Judgment; granting in part and denying in part Defendant's 24 Cross-Motion for Summary Judgment. See Order for details. Signed by Judge Tanya S. Chutkan on 03/31/2023. (lcss) (Entered: 03/31/2023)
2023-04-2035Joint STATUS REPORT by MATTHEW P. DONOVAN. (Attachments: # 1 Text of Proposed Order)(Haberland, John) (Entered: 04/20/2023)
2023-04-24MINUTE ORDER: Upon consideration of the Parties' 35 Joint Status Report, the Parties will submit a joint status report on or before May 30, 2023, notifying the Court whether any issues remain for litigation. The joint status report shall be accompanied by a proposed order. Signed by Judge Tanya S. Chutkan on 4/24/2023. (lcja) (Entered: 04/24/2023)
2023-04-27Set/Reset Deadlines: Joint Status Report due by 5/30/2023. (tb) (Entered: 04/27/2023)
2023-05-1936Joint STATUS REPORT by MATTHEW P. DONOVAN. (Attachments: # 1 Text of Proposed Order)(Haberland, John) (Entered: 05/19/2023)
2023-05-22MINUTE ORDER: Upon consideration of the Parties' 36 Joint Status Report, the Parties will submit a joint status report on or before June 30, 2023, notifying the Court whether any issues remain for litigation. The joint status report shall be accompanied by a proposed order. Signed by Judge Tanya S. Chutkan on 5/22/2023. (lcja) (Entered: 05/22/2023)
2023-05-23Set/Reset Deadlines: Joint Status Report due by 6/30/2023. (tb) (Entered: 05/23/2023)
2023-06-1637NOTICE OF SUBSTITUTION OF COUNSEL by Patrick Doyle on behalf of MATTHEW P. DONOVAN Substituting for attorney John Haberland (Doyle, Patrick) (Entered: 06/16/2023)
2023-06-2938Joint STATUS REPORT by MATTHEW P. DONOVAN. (Attachments: # 1 Text of Proposed Order)(Doyle, Patrick) (Entered: 06/29/2023)
2023-07-03MINUTE ORDER: The parties shall submit their next joint status report on August 11, 2023, and every 30 days thereafter. To the extent that the parties conclude that there are no remaining issues in this litigation, they shall promptly file a joint stipulation of dismissal. Further, any joint status report requesting a change in the status quo shall be accompanied by a proposed order. Signed by Judge Tanya S. Chutkan on 7/3/2023. (lcja) (Entered: 07/03/2023)
2023-07-03Set/Reset Deadlines: Joint Status Report due by 8/11/2023, and every 30 days thereafter. (ztg) (Entered: 07/03/2023)
2023-08-1039Joint STATUS REPORT by MATTHEW P. DONOVAN. (Attachments: # 1 Text of Proposed Order)(Doyle, Patrick) (Entered: 08/10/2023)
2023-09-1140Joint STATUS REPORT by MATTHEW P. DONOVAN. (Attachments: # 1 Text of Proposed Order)(Doyle, Patrick) (Entered: 09/11/2023)
2023-10-1241Joint STATUS REPORT by MATTHEW P. DONOVAN. (Attachments: # 1 Text of Proposed Order)(Doyle, Patrick) (Entered: 10/12/2023)
2023-11-1342Joint STATUS REPORT by MATTHEW P. DONOVAN. (Attachments: # 1 Text of Proposed Order)(Doyle, Patrick) (Entered: 11/13/2023)
2023-12-1343Joint STATUS REPORT by MATTHEW P. DONOVAN. (Attachments: # 1 Text of Proposed Order)(Doyle, Patrick) (Entered: 12/13/2023)
2023-12-13MINUTE ORDER: Upon consideration of the parties' 43 Joint Status Report, the parties shall file their next status report on or before February 13, 2024, and every 30 days thereafter. To the extent that the parties conclude that there are no remaining issues in this litigation, they shall promptly file a joint stipulation of dismissal. Further, any joint status report requesting a change in the status quo shall be accompanied by a proposed order. Signed by Judge Tanya S. Chutkan on 12/13/23. (lce) (Entered: 12/13/2023)
2024-02-1344Joint STATUS REPORT by MATTHEW P. DONOVAN. (Attachments: # 1 Text of Proposed Order)(Doyle, Patrick) (Entered: 02/13/2024)
2024-02-14MNUTE ORDER: Upon consideration of 44 Joint Status Report: Plaintiff shall file his motion for attorneys' fees on or before March 22, 2024; Defendant shall file any opposition on or before April 22, 2024; and Plaintiff shall file any reply on or before May 13, 2024. Signed by Judge Tanya S. Chutkan on 2/14/24. (lce) (Entered: 02/14/2024)
2024-02-14Set/Reset Deadlines: Deadlines set. (zcll) (Entered: 02/14/2024)
2024-03-2245MOTION for Attorney Fees by DAVID B. WALKER. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, Part 1, # 6 Exhibit E, Part 2, # 7 Exhibit E, Part 3)(Rapp-Tully, Stephanie) (Entered: 03/22/2024)
2024-04-1846Consent MOTION for Extension of Time to File Response/Reply as to 45 MOTION for Attorney Fees by MATTHEW P. DONOVAN. (Attachments: # 1 Text of Proposed Order)(Doyle, Patrick) (Entered: 04/18/2024)
2024-04-19MINUTE ORDER: GRANTING 46 Consent Motion for Extension of Time. Defendant shall file an opposition to Plaintiff's motion for attorneys' fees on or before April 29, 2024. Plaintiff shall file any reply on or before May 28, 2024. Signed by Judge Tanya S. Chutkan on 4/19/24. (lce) (Entered: 04/19/2024)
2024-04-2647Consent MOTION for Extension of Time to File Response/Reply as to 45 MOTION for Attorney Fees by MATTHEW P. DONOVAN. (Attachments: # 1 Text of Proposed Order)(Doyle, Patrick) (Entered: 04/26/2024)
2024-04-26MINUTE ORDER: GRANTING 47 Consent Motion for Extension of Time. Defendant shall file its opposition to Plaintiff's motion for attorney's fees on or before May 20, 2024. Plaintiff shall file any reply on or before June 18, 2024. Signed by Judge Tanya S. Chutkan on 4/26/24. (lce) (Entered: 04/26/2024)
2024-05-2048NOTICE OF SUBSTITUTION OF COUNSEL by Alane Ballweg on behalf of MATTHEW P. DONOVAN Substituting for attorney Patrick Doyle (Ballweg, Alane) (Entered: 05/20/2024)
2024-05-2049RESPONSE re 45 MOTION for Attorney Fees filed by MATTHEW P. DONOVAN. (Attachments: # 1 Text of Proposed Order)(Ballweg, Alane) (Entered: 05/20/2024)
2024-06-1850REPLY to opposition to motion re 45 MOTION for Attorney Fees filed by DAVID B. WALKER. (Attachments: # 1 Memorandum in Support, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Text of Proposed Order)(Rapp-Tully, Stephanie) (Entered: 06/18/2024)
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