Case Detail

FOIA Project Annotation: A federal court in New Jersey has ruled that Keith Parsick is not entitled to discovery in his FOIA litigation with the Department of the Army to determine the number of surveillance cameras located outside Building 151 at Picatinny Arsenal. As the result of a photo shoot on July 2, 2019, two women accused Parsick of inappropriately touching them at that location. The Army provided Parsick with 24 hours of unredacted video footage from the four cameras outside Building 151 and asked the court to grant its motion for summary judgment. In response, Parsick requested discovery to challenge the agency's claim that the building only had four cameras rather than five. Rejecting Parsick's claim, the court noted that "Plaintiff's assertions to the contrary are speculative and mere speculation is insufficient to show bad faith. In any event, even if the Army later contradicted certain of its prior statements concerning additional video footage, as Plaintiff contends, courts have held that contradictory statements alone do not show bad faith." Denying Parsick's request for discovery, the court concluded that "in sum, because discovery is 'extraordinary' in a FOIA action and given that the Court finds no evidence of bad faith or misconduct, Plaintiff's motion for discovery is denied."
Issues: Litigation - Discovery

Date Filed	Doc #	Docket Text
2020-11-09	1	COMPLAINT against UNITED STATES ARMY ( Filing and Admin fee $ 400 receipt number CNJDC-11624249), filed by KEITH PARSICK. (Attachments: # 1 Certification NOTICE OF LAWSUIT, # 2 Supplement NOTICE TO MAGISTRATE, # 3 Statement PRELIMINARY STATEMENT, # 4 Certificate of Service PROOF OF SERVICE, # 5 Summons SUMMONS IN A CIVIL ACTION)(ABATE, JAMES) (Entered: 11/09/2020)
2020-11-09		Case Assigned to Judge Claire C. Cecchi and Chief Mag. Judge Mark Falk. (ak, ) (Entered: 11/09/2020)
2020-11-10	2	SUMMONS ISSUED as to UNITED STATES ARMY. Attached is the official court Summons, please fill out Defendant and Plaintiffs attorney information and serve. (ams, ) (Entered: 11/10/2020)
2021-04-09		Case Reassigned to Magistrate Judge Andre M. Espinosa. Chief Mag. Judge Mark Falk no longer assigned to the case. (seb) (Entered: 04/09/2021)
2021-04-13	3	Substitution of Attorney - Attorney JAMES A. ABATE terminated. Attorney JAMES V. LOEWEN for KEITH E. PARSICK added.. (LOEWEN, JAMES) (Entered: 04/13/2021)
2021-04-14	4	MOTION for Leave to Appear Pro Hac Vice David A. Bahr, Esq. by KEITH E. PARSICK. (Attachments: # 1 Declaration of David A. Bahr, Esq., # 2 Certification of James V. Loewen, Esq., # 3 Text of Proposed Order)(LOEWEN, JAMES) (Entered: 04/14/2021)
2021-04-15		Set Deadlines as to 4 MOTION for Leave to Appear Pro Hac Vice David A. Bahr, Esq. . Motion set for 5/17/2021 before Judge Claire C. Cecchi. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (ams, ) (Entered: 04/15/2021)
2021-04-16	5	*WITHDRAWN* Notice of Call for dismissal Pursuant to Rule 4(m). This action will be dismissed on April 30, 2021, for failure to effect service of the summons and complaint within 90 days of the filing of the complaint, unless Plaintiff establishes that proper service was effected within said 90 days, by filing proof of service with the Clerk of the Court before the return date of this notice, etc. (jl, ) (jl). Modified on 5/14/2021 (jl). (Entered: 04/16/2021)
2021-04-30	6	SUMMONS Returned Executed by KEITH E. PARSICK. UNITED STATES ARMY served on 4/10/2021, answer due 6/9/2021. (Attachments: # 1 Exhibit Certified Mail Receipts)(LOEWEN, JAMES) (Entered: 04/30/2021)
2021-05-12	7	Application and Proposed Order for Clerk's Order to extend time to answer as to the United States Army. Attorney KRISTIN LYNN VASSALLO for UNITED STATES ARMY added. (VASSALLO, KRISTIN) (Entered: 05/12/2021)
2021-05-13		Clerk`s Text Order - The document 7 Application for Clerk's Order to Ext Answer/Proposed Order submitted by UNITED STATES ARMY has been GRANTED. The answer due date has been set for 5/28/2021. (ams, ) (Entered: 05/13/2021)
2021-05-14		CHAMBER'S NOTE - Notice of Call for Dismissal filed on 4/16/2021 (DE#5)is WITHDRAWN. (jl, ) (Entered: 05/14/2021)
2021-05-19	8	ORDER granting 4 Motion for Leave to Appear Pro Hac Vice as to David A. Bahr, Esq. etc. Signed by Magistrate Judge Andre M. Espinosa on 5/19/2021. (ams, ) (Entered: 05/20/2021)
2021-05-20	9	Notice of Request by Pro Hac Vice David A. Bahr, Esq. to receive Notices of Electronic Filings. ( Pro Hac Vice fee $ 150 receipt number ANJDC-12481503.) (LOEWEN, JAMES) (Entered: 05/20/2021)
2021-05-21		Pro Hac Vice counsel, DAVID A. BAHR, has been added to receive Notices of Electronic Filing. Pursuant to L.Civ.R. 101.1, only local counsel are entitled to sign and file papers, enter appearances and receive payments on judgments, decrees or orders. (ams, ) (Entered: 05/21/2021)
2021-05-27	10	ANSWER to Complaint by UNITED STATES ARMY.(VASSALLO, KRISTIN) (Entered: 05/27/2021)
2021-06-24	11	ORDER scheduling Initial R16 Conference for 7/15/2021 10:30 AM before Magistrate Judge Andre M. Espinosa. Signed by Magistrate Judge Andre M. Espinosa on 6/24/2021. (spc) (Entered: 06/24/2021)
2021-06-30	12	Letter from the Government, with the consent of all parties, respectfully asking the Court to reschedule the initial conference. (VASSALLO, KRISTIN) (Entered: 06/30/2021)
2021-07-02	13	TEXT ORDER -- The Court has reviewed D.E. 12 and, accordingly, the Rule 16 conference previously scheduled for July 15, 2021 is adjourned to July 19, 2021 at 11:00 a.m. on the Courts teleconference line 866-434-5269, access code 1874589#. The Joint Discovery plan shall be filed on cm/ecf by July 12, 2021. So Ordered by Magistrate Judge Andre M. Espinosa on 7/2/2021. (spc) (Entered: 07/02/2021)
2021-07-12	14	Joint Discovery Plan by UNITED STATES ARMY.(VASSALLO, KRISTIN) (Entered: 07/12/2021)
2021-07-19		Minute Entry for proceedings held before Magistrate Judge Andre M. Espinosa: Telephone Conference held on 7/19/2021. amended scheduling order to be filed. (spc) (Entered: 07/27/2021)
2021-07-27	15	ORDER that the parties shall file letter briefs addressing the issue of discovery in this matter; Telephone Conference set for 9/10/2021 at 02:00 PM before Magistrate Judge Andre M. Espinosa, etc. Signed by Magistrate Judge Andre M. Espinosa on 7/27/2021. (ams, ) (Entered: 07/27/2021)
2021-08-03	16	Letter from the Army regarding pre-motion discovery. (VASSALLO, KRISTIN) (Entered: 08/03/2021)
2021-08-14	17	MOTION for Extension of Time to File Response/Reply to Defendant's Motion to Bar Discovery by KEITH E. PARSICK. (LOEWEN, JAMES) (Entered: 08/14/2021)
2021-08-17	18	Second MOTION for Extension of Time to File Response/Reply as to 16 Letter by KEITH E. PARSICK. (LOEWEN, JAMES) (Entered: 08/17/2021)
2021-08-18	19	RESPONSE. (Attachments: # 1 Declaration of David Bahr, # 2 Declaration of Keith Parsick, # 3 Declaration of Robert Spine, # 4 Exhibit A, # 5 Exhibit B, # 6 Exhibit C, # 7 Exhibit D, # 8 Exhibit E, # 9 Exhibit F, # 10 Exhibit G, # 11 Exhibit H, # 12 Exhibit I, # 13 Exhibit J)(LOEWEN, JAMES) (Entered: 08/18/2021)
2021-08-20	20	Letter from the Army in further support of its position opposing pre-motion discovery. (VASSALLO, KRISTIN) (Entered: 08/20/2021)
2021-09-03	21	Joint Discovery Plan by UNITED STATES ARMY.(VASSALLO, KRISTIN) (Entered: 09/03/2021)
2021-09-10		Minute Entry for proceedings held before Magistrate Judge Andre M. Espinosa: Telephone Conference held on 9/10/2021. order to be filed. (Electronic Court Recording) (spc) (Entered: 09/13/2021)
2021-09-17	22	ORDER that Defendant's 16 Request to Stay Discovery is GRANTED; Defendant shall, and Plaintiff may, move for summary judgment. etc. Signed by Magistrate Judge Andre M. Espinosa on 9/17/2021. (ams, ) (Entered: 09/17/2021)
2021-09-29	23	Letter from the Army, on behalf of all parties, respectfully proposing a motion schedule. (VASSALLO, KRISTIN) (Entered: 09/29/2021)
2021-10-06	26	ORDER granting 23 Letter re Briefing Schedule. Signed by Judge Claire C. Cecchi on 10/6/2021. (ams, ) (Entered: 10/27/2021)
2021-10-22	24	MOTION for Summary Judgment by UNITED STATES ARMY. Responses due by 11/19/2021 (Attachments: # 1 Supplement, # 2 Brief, # 3 Statement of Material Facts Not in Dispute, # 4 Declaration of Kristin Vassallo, # 5 Declaration of Timothy Hendrickson, # 6 Hendrickson Decl., Ex. A)(VASSALLO, KRISTIN) (Entered: 10/22/2021)
2021-10-22	25	Exhibit to 24 Motion for Summary Judgment, Declaration of Irassema Sullivan by UNITED STATES ARMY. (Attachments: # 1 Declaration of Ira Sullivan, Ex. A-H, # 2 Declaration of Christopher Johnson, # 3 Johnson Decl., Ex. A-C)(VASSALLO, KRISTIN) (Entered: 10/22/2021)
2021-10-27		Set Deadlines as to 24 MOTION for Summary Judgment . Motion set for 2/7/2022 before Judge Claire C. Cecchi. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (ams, ) (Entered: 10/27/2021)
2021-11-18	27	MOTION for Extension of Time to File Response/Reply as to 24 MOTION for Summary Judgment by KEITH E. PARSICK. (LOEWEN, JAMES) (Entered: 11/18/2021)
2021-11-19		CLERK'S QUALITY CONTROL MESSAGE - The 27 Letter filed by KEITH E. PARSICK on 11/18/2021 was submitted incorrectly as a Motion. For future filings of this nature, please select the event "Letter" found under Other Documents. This submission will remain on the docket unless otherwise ordered by the court. (ams, ) (Entered: 11/19/2021)
2021-11-24	28	Letter from plaintiff's counsel re 26 Order, 24 MOTION for Summary Judgment , 25 Exhibit (to Document),. (LOEWEN, JAMES) (Entered: 11/24/2021)
2021-11-24	29	MOTION for Discovery by KEITH E. PARSICK. (Attachments: # 1 Brief, # 2 Declaration of David Bahr, # 3 Exhibit J, # 4 Declaration of Bob Spine, # 5 Declaration of Keith Parsick, # 6 Exhibit A, # 7 Exhibit B, # 8 Exhibit C, # 9 Exhibit D, # 10 Exhibit E, # 11 Exhibit F, # 12 Exhibit G, # 13 Exhibit H, # 14 Exhibit I, # 15 Exhibit K, # 16 Exhibit L, # 17 Text of Proposed Order)(LOEWEN, JAMES) (Entered: 11/24/2021)
2021-11-29		Set Deadlines as to 29 MOTION for Discovery . Motion set for 2/7/2022 before Judge Claire C. Cecchi. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (ams, ) (Entered: 11/29/2021)
2021-12-10	30	TEXT ORDER - Plaintiff's motion for limited discovery pursuant to Federal Rule of Civil Procedure 56(d) (ECF No. 29) shall be referred to Magistrate Judge Andre M. Espinosa. Defendant's pending motion for summary judgment (ECF No. 24) is administratively terminated without prejudice pending resolution of Plaintiff's motion for discovery (ECF No. 29). After Plaintiff's motion for discovery has been resolved, Defendant may move for summary judgment. So Ordered by Judge Claire C. Cecchi on 12/10/2021. (jl, ) (Entered: 12/10/2021)
2021-12-10	31	MEMORANDUM in Opposition filed by UNITED STATES ARMY re 29 MOTION for Discovery (VASSALLO, KRISTIN) (Entered: 12/10/2021)
2022-01-21	32	REPLY BRIEF to Opposition to Motion filed by KEITH E. PARSICK re 29 MOTION for Discovery (LOEWEN, JAMES) (Entered: 01/21/2022)
2022-04-11	33	OPINION & ORDER that Plaintiff's 29 Motion for Discovery is DENIED. etc. Signed by Magistrate Judge Andre M. Espinosa on 4/11/2022. (ams, ) (Entered: 04/12/2022)
2022-04-29	34	Letter from the Government, on behalf of all parties, respectfully providing the Court with an update in this matter. (VASSALLO, KRISTIN) (Entered: 04/29/2022)
2022-05-02	35	TEXT ORDER - The Court has received the parties' letter filed at D.E. 34. The parties shall continue their negotiations and file a status update by May 13, 2022. So Ordered by Magistrate Judge Andre M. Espinosa on 5/2/2022. (jis) (Entered: 05/02/2022)
2022-05-13	36	Letter from the Army, with the consent of all parties, respectfully seeking additional time to update the court. (VASSALLO, KRISTIN) (Entered: 05/13/2022)
2022-05-18	37	TEXT ORDER - The Court has received the parties' letter filed at D.E. 36. The parties shall continue their negotiations and file a status update by June 1, 2022. So Ordered by Magistrate Judge Andre M. Espinosa on 5/18/2022. (jis) (Entered: 05/18/2022)
2022-06-01	38	Letter from the Army, on behalf of all parties, respectfully advising the Court that the parties have reached an agreement in principle to resolve this case. (VASSALLO, KRISTIN) (Entered: 06/01/2022)
2022-06-03	39	Order Administratively Terminating Action - 60 Day, Pending Consummation of Settlement. Administrative Termination deadline set for 8/2/2022. Signed by Judge Claire C. Cecchi on 6/3/2022. (wh) (Entered: 06/03/2022)
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