| Date Filed | Doc # | Docket Text |
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| 2021-07-20 | 1 | COMPLAINT for Injunctive Relief against DEPARTMENT OF ARMY ( Filing fee $ 402 receipt number ADCDC-8611537) filed by ELYSIAN LABS, INC.. (Attachments: # 1 Civil Cover Sheet, # 2 Summons US Army, # 3 Summons US Attorney General, # 4 Summons US Attorney Office D.C.)(Burd, Gene) (Entered: 07/20/2021) |
| 2021-07-20 | 2 | LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by ELYSIAN LABS, INC. (Burd, Gene) (Entered: 07/20/2021) |
| 2021-07-20 | | Case Assigned to Judge Christopher R. Cooper. (zsb) (Entered: 07/20/2021) |
| 2021-07-20 | 3 | SUMMONS (3) Issued Electronically as to U.S. DEPARTMENT OF THE ARMY, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(adh, ) (Entered: 07/20/2021) |
| 2021-08-02 | 4 | ENTERED IN ERROR. . . . .RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 7/28/2021. Answer due for ALL FEDERAL DEFENDANTS by 8/27/2021. (Attachments: # 1 Declaration of Gene M. Burd, # 2 Exhibit USPS Proof of Service)(Burd, Gene) Modified on 8/9/2021 (ztd). (Entered: 08/02/2021) |
| 2021-08-04 | | NOTICE OF ERROR re 4 Summons Returned Executed in FOIA as to U.S. Attorney; emailed to gene.burd@fisherbroyles.com, cc'd 1 associated attorneys -- The PDF file you docketed contained errors: 1. You must enter and select the return of service dates for the Attorney General and defendant as stated in your document. (ztd, ) (Entered: 08/04/2021) |
| 2021-08-09 | 5 | RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF THE ARMY served on 7/27/2021 (Attachments: # 1 Declaration of Gene M. Burd, # 2 Exhibit to Burd Decl.)(Burd, Gene) (Entered: 08/09/2021) |
| 2021-08-09 | 6 | RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 07/28/2021. (Attachments: # 1 Declaration of Gene M. Burd, # 2 Exhibit to Burd Decl.)(Burd, Gene) (Entered: 08/09/2021) |
| 2021-08-09 | 7 | ERRATA by ELYSIAN LABS, INC. re 4 Summons Returned Executed in FOIA as to U.S. Attorney,. (Burd, Gene) (Entered: 08/09/2021) |
| 2021-08-09 | 8 | RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 8/2/2021. Answer due for ALL FEDERAL DEFENDANTS by 9/1/2021. (Attachments: # 1 Declaration of Gene M. Burd, # 2 Exhibit to Burd Decl.)(Burd, Gene) (Entered: 08/09/2021) |
| 2021-08-26 | 9 | NOTICE of Appearance by Jessica B. Colsia on behalf of U.S. DEPARTMENT OF THE ARMY (Colsia, Jessica) (Entered: 08/26/2021) |
| 2021-09-01 | 10 | First MOTION for Extension of Time to File Answer by U.S. DEPARTMENT OF THE ARMY. (Attachments: # 1 Text of Proposed Order)(Colsia, Jessica) (Entered: 09/01/2021) |
| 2021-09-02 | 11 | Memorandum in opposition to re 10 First MOTION for Extension of Time to File Answer filed by ELYSIAN LABS, INC.. (Attachments: # 1 Text of Proposed Order)(Burd, Gene) (Entered: 09/02/2021) |
| 2021-09-03 | | MINUTE ORDER granting 10 Motion for Extension of Time: It is hereby ORDERED that Defendant's Response to the Complaint shall be due on or before September 22, 2021. Signed by Judge Christopher R. Cooper on 9/3/2021. (lccrc1) (Entered: 09/03/2021) |
| 2021-09-22 | 12 | ANSWER to Complaint by U.S. DEPARTMENT OF THE ARMY.(Colsia, Jessica) (Entered: 09/22/2021) |
| 2021-09-24 | | MINUTE ORDER: Before the Court in this FOIA case are a complaint and an answer. It is hereby ORDERED that the parties promptly confer and file a joint proposed schedule for briefing or disclosure by October 12, 2021. Signed by Judge Christopher R. Cooper on 9/24/2021. (lccrc1) (Entered: 09/24/2021) |
| 2021-09-24 | | Set/Reset Deadlines: Proposed Briefing Schedule due by 10/12/2021. (znbn) (Entered: 09/24/2021) |
| 2021-10-12 | 13 | Joint STATUS REPORT by U.S. DEPARTMENT OF THE ARMY. (Attachments: # 1 Text of Proposed Order)(Colsia, Jessica) (Entered: 10/12/2021) |
| 2021-10-14 | 14 | MINUTE ORDER. The parties will submit another joint status report on or before December 20, 2021. See full Order for details. Signed by Judge Christopher R. Cooper on 10/14/2021. (lccrc1) Modified on 10/14/2021 (lsj). (Entered: 10/14/2021) |
| 2021-12-20 | 15 | Joint STATUS REPORT by U.S. DEPARTMENT OF THE ARMY. (Colsia, Jessica) (Entered: 12/20/2021) |
| 2021-12-22 | | MINUTE ORDER: In light of the 15 Joint Status Report, the parties are hereby ordered to submit a further joint status report on or before January 19, 2022. Signed by Judge Christopher R. Cooper on 12/22/2021. (lccrc1) (Entered: 12/22/2021) |
| 2022-01-19 | 16 | Joint STATUS REPORT by U.S. DEPARTMENT OF THE ARMY. (Attachments: # 1 Text of Proposed Order)(Colsia, Jessica) (Entered: 01/19/2022) |
| 2022-01-21 | | MINUTE ORDER: In light of the parties' 16 joint status report, the parties will submit a further joint status report on or before February 22, 2022. Signed by Judge Christopher R. Cooper on 1/20/2021. (lccrc1) (Entered: 01/21/2022) |
| 2022-02-25 | 17 | NOTICE of Appearance by John Haberland on behalf of U.S. DEPARTMENT OF THE ARMY (Haberland, John) (Entered: 02/25/2022) |
| 2022-02-25 | 18 | Joint STATUS REPORT by U.S. DEPARTMENT OF THE ARMY. (Attachments: # 1 Text of Proposed Order)(Haberland, John) (Entered: 02/25/2022) |
| 2022-03-01 | | MINUTE ORDER: In light of the parties' 18 joint status report, the parties will submit a further joint status report on or before 3/25/2022. Signed by Judge Christopher R. Cooper on 2/28/2022. (lcrc1) (Entered: 03/01/2022) |
| 2022-03-25 | 19 | Joint STATUS REPORT by U.S. DEPARTMENT OF THE ARMY. (Attachments: # 1 Text of Proposed Order)(Haberland, John) (Entered: 03/25/2022) |
| 2022-03-28 | | MINUTE ORDER: In light of the parties' 19 Joint Status Report, the parties will submit a further joint status report on or before April 22, 2022. Signed by Judge Christopher R. Cooper on 3/28/2022. (lccrc1) (Entered: 03/28/2022) |
| 2022-04-22 | 20 | Joint STATUS REPORT by U.S. DEPARTMENT OF THE ARMY. (Attachments: # 1 Text of Proposed Order)(Haberland, John) (Entered: 04/22/2022) |
| 2022-04-25 | | MINUTE ORDER: In light of the parties' 20 joint status report, the parties are hereby ordered to file a further status report by May 24, 2022. In the next report, the parties should identify any remaining issues to be resolved and propose a schedule for briefing. Signed by Judge Christopher R. Cooper on 4/25/2022. (lccrc1) (Entered: 04/25/2022) |
| 2022-05-24 | 21 | Joint STATUS REPORT by U.S. DEPARTMENT OF THE ARMY. (Attachments: # 1 Text of Proposed Order)(Haberland, John) (Entered: 05/24/2022) |
| 2022-05-26 | | MINUTE ORDER: In light of the parties' 21 joint status report, the parties are hereby ordered to file a further status report by June 28, 2022. Signed by Judge Christopher R. Cooper on 5/26/2022. (lccrc1) (Entered: 05/26/2022) |
| 2022-06-28 | 22 | Joint STATUS REPORT by U.S. DEPARTMENT OF THE ARMY. (Attachments: # 1 Text of Proposed Order)(Haberland, John) (Entered: 06/28/2022) |
| 2022-06-29 | | MINUTE ORDER: In light of the parties' 22 joint status report, the parties are hereby ordered to file a further status report by July 29, 2022. Signed by Judge Christopher R. Cooper on 6/29/2022. (lccrc1) (Entered: 06/29/2022) |
| 2022-07-29 | 23 | Joint STATUS REPORT by U.S. DEPARTMENT OF THE ARMY. (Attachments: # 1 Text of Proposed Order)(Haberland, John) (Entered: 07/29/2022) |
| 2022-08-01 | | MINUTE ORDER: In light of the parties' 23 joint status report, the parties are hereby ordered to file a further status report by 9/29/2022. Signed by Judge Christopher R. Cooper on 8/1/2022. (lccrc1) (Entered: 08/01/2022) |
| 2022-09-27 | 24 | Joint STATUS REPORT by U.S. DEPARTMENT OF THE ARMY. (Attachments: # 1 Text of Proposed Order)(Haberland, John) (Entered: 09/27/2022) |
| 2022-09-28 | | MINUTE ORDER: In light of the parties' 24 Joint Status Report, the Court hereby orders the following briefing schedule for the parties to present the remaining issues to the Court: Plaintiff's motion for summary judgment is due October 7, 2022. Defendant's opposition and cross motion for summary judgment is due November 7, 2022. Plaintiff's opposition and reply are due November 22, 2022. Defendant's reply is due December 7, 2022. SO ORDERED by Judge Christopher R. Cooper on 9/28/2022. (lccrc1) (Entered: 09/28/2022) |
| 2022-10-07 | 25 | MOTION for Summary Judgment by ELYSIAN LABS, INC.. (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Declaration of Gene M. Burd, # 4 Text of Proposed Order, # 5 Certificate of Service)(Burd, Gene) (Entered: 10/07/2022) |
| 2022-11-04 | 26 | Consent MOTION for Extension of Time to File Cross MSJ and Opposition by U.S. DEPARTMENT OF THE ARMY. (Attachments: # 1 Text of Proposed Order)(Haberland, John) (Entered: 11/04/2022) |
| 2022-11-07 | | MINUTE ORDER granting Defendant's 26 Consent Motion for Extension of Time. The summary judgment briefing schedule set forth in the Court's September 28, 2022 Minute Order is hereby modified as follows: Defendant's opposition and cross motion for summary judgment is due December 20, 2022. Plaintiff's opposition and reply are due January 20, 2023. Defendant's reply is due February 3, 2023. SO ORDERED by Judge Christopher R. Cooper on 11/7/2022. (lccrc1) (Entered: 11/07/2022) |
| 2022-12-19 | 27 | Consent MOTION for Extension of Time to File Response/Reply as to 25 MOTION for Summary Judgment by U.S. DEPARTMENT OF THE ARMY. (Attachments: # 1 Text of Proposed Order)(Haberland, John) (Entered: 12/19/2022) |
| 2022-12-21 | | MINUTE ORDER: The Court has reviewed the parties' December 19 27 Consent Motion for Extension of Time. Plaintiff's 25 Motion for Summary Judgment has been pending without a response for some two and a half months. The last two extension motions have indicated that the agency continues to find additional responsive documents and that the release of those records might alleviate the need for further briefing. Yet, Plaintiff's summary judgment motion does challenge the scope or adequacy of the agency's search. It instead challenges the withholding or redaction of records that the agency previously found in its initial search. The extension motions do not explain how the release of newly found records could resolve Plaintiff's complaints about the agency's existing withholdings. The Court is also concerned that, if no resolution of the case is reached, the parties' proposed briefing schedule under which any opposition would not be filed for another two months would unnecessarily prolong the briefing in the case. Accordingly, the parties are directed to file a further joint status report by December 28, 2022 addressing these points. Signed by Judge Christopher R. Cooper on 12/21/2022. (lccrc1) (Entered: 12/21/2022) |
| 2022-12-28 | 28 | Joint STATUS REPORT by U.S. DEPARTMENT OF THE ARMY. (Haberland, John) (Entered: 12/28/2022) |
| 2022-12-29 | | MINUTE ORDER: In light of the further explanation of Defendant's recent supplemental record releases and the possibility that further summary judgment proceeding may be unnecessary or substantially limited, the Court hereby strikes Plaintiff's 25 Motion for Summary Judgment. Plaintiff may renew its motion in the event the parties' continuing dialogue fails to resolve all disputes. The parties are directed to file a further joint status report on or before February 24, 2023. So Ordered by Judge Christopher R. Cooper on 12/29/2022. (lccrc3) (Entered: 12/29/2022) |
| 2023-01-04 | | MINUTE ORDER: In light of the Court's December 29, 2022 Minute Order, the Court hereby denies as moot the 27 Motion for Extension of Time to File Response/Reply. Signed by Judge Christopher R. Cooper on 1/4/2023. (lccrc1) (Entered: 01/04/2023) |
| 2023-02-24 | 29 | Joint STATUS REPORT by U.S. DEPARTMENT OF THE ARMY. (Attachments: # 1 Text of Proposed Order)(Haberland, John) (Entered: 02/24/2023) |
| 2023-02-27 | | MINUTE ORDER: In light of the parties' 29 Joint Status Report, the parties are hereby ordered to file a further status report by April 21, 2023. Signed by Judge Christopher R. Cooper on 2/27/2023. (lccrc1) (Entered: 02/27/2023) |
| 2023-04-20 | 30 | Joint STATUS REPORT by U.S. DEPARTMENT OF THE ARMY. (Attachments: # 1 Text of Proposed Order)(Haberland, John) (Entered: 04/20/2023) |
| 2023-04-21 | | MINUTE ORDER: In light of the parties' 30 Joint Status Report, the parties are hereby ordered to file a further status report by May 30, 2023. Signed by Judge Christopher R. Cooper on 4/21/2023. (lccrc1) (Entered: 04/21/2023) |
| 2023-05-23 | 31 | Joint STATUS REPORT by U.S. DEPARTMENT OF THE ARMY. (Attachments: # 1 Text of Proposed Order)(Haberland, John) (Entered: 05/23/2023) |
| 2023-05-24 | | MINUTE ORDER: In light of the parties' 31 Joint Status Report, the parties are hereby ordered to file a further status report by July 28, 2023. Signed by Judge Christopher R. Cooper on 5/24/2023. (lccrc1) (Entered: 05/24/2023) |
| 2023-06-15 | 32 | NOTICE OF SUBSTITUTION OF COUNSEL by Patrick Doyle on behalf of U.S. DEPARTMENT OF THE ARMY Substituting for attorney John Haberland; Jessica Colsia (Doyle, Patrick) (Entered: 06/15/2023) |
| 2023-07-28 | 33 | Joint STATUS REPORT by U.S. DEPARTMENT OF THE ARMY. (Attachments: # 1 Text of Proposed Order)(Doyle, Patrick) (Entered: 07/28/2023) |
| 2023-08-01 | | MINUTE ORDER: In light of the parties' 33 Joint Status Report, the parties are hereby ordered to file a further status report by August 28, 2023. Signed by Judge Christopher R. Cooper on 8/1/2023. (lccrc1) (Entered: 08/01/2023) |
| 2023-08-28 | 34 | Joint STATUS REPORT by U.S. DEPARTMENT OF THE ARMY. (Attachments: # 1 Text of Proposed Order)(Doyle, Patrick) (Entered: 08/28/2023) |
| 2023-09-06 | | MINUTE ORDER: In light of the parties' 34 Joint Status Report, the parties are hereby ordered to file a further status report by September 28, 2023. Signed by Judge Christopher R. Cooper on 9/6/2023. (lccrc1) (Entered: 09/06/2023) |
| 2023-09-28 | 35 | Joint STATUS REPORT by U.S. DEPARTMENT OF THE ARMY. (Attachments: # 1 Text of Proposed Order)(Doyle, Patrick) (Entered: 09/28/2023) |
| 2023-09-29 | | MINUTE ORDER: In light of the parties' 35 Joint Status Report, the parties are hereby ordered to file a further status report by October 27, 2023. Signed by Judge Christopher R. Cooper on 9/29/2023. (lccrc1) (Entered: 09/29/2023) |
| 2023-10-27 | 36 | Joint STATUS REPORT by U.S. DEPARTMENT OF THE ARMY. (Attachments: # 1 Text of Proposed Order)(Doyle, Patrick) (Entered: 10/27/2023) |
| 2023-10-27 | | MINUTE ORDER: In light of the parties' 36 Joint Status Report, the parties are hereby ordered to file a further status report by December 8, 2023. If disputes remain at that time, the parties shall include a schedule for prompt summary judgment briefing. Signed by Judge Christopher R. Cooper on 10/27/2023. (lccrc1) (Entered: 10/27/2023) |
| 2023-12-08 | 37 | Joint STATUS REPORT and Joint Motion to Stay Briefing Schedule by U.S. DEPARTMENT OF THE ARMY. (Attachments: # 1 Text of Proposed Order)(Doyle, Patrick) (Entered: 12/08/2023) |
| 2023-12-08 | 38 | MOTION to Stay by U.S. DEPARTMENT OF THE ARMY. (See Docket Entry 37 to view document) (zjm) (Entered: 12/11/2023) |
| 2023-12-12 | | MINUTE ORDER granting 38 Motion to Stay Order for Briefing Schedule. The parties are hereby ordered to file a further status report by February 8, 2024. Signed by Judge Christopher R. Cooper on 12/12/2023. (lccrc1) (Entered: 12/12/2023) |
| 2023-12-21 | 39 | MOTION to Withdraw as Attorney by ELYSIAN LABS, INC.. (Attachments: # 1 Memorandum in Support, # 2 Exhibit Notice to the Client, # 3 Certificate of Service, # 4 Text of Proposed Order)(Burd, Gene) (Entered: 12/21/2023) |
| 2023-12-28 | 40 | NOTICE of Appearance by Kyle Renee Freeny on behalf of ELYSIAN LABS, INC. (Freeny, Kyle) (Entered: 12/28/2023) |
| 2023-12-29 | 41 | NOTICE OF WITHDRAWAL OF MOTION by ELYSIAN LABS, INC. re 39 MOTION to Withdraw as Attorney (Burd, Gene) (Entered: 12/29/2023) |
| 2024-01-07 | 42 | NOTICE OF WITHDRAWAL OF APPEARANCE as to ELYSIAN LABS, INC.. Attorney Gene M. Burd terminated. (Burd, Gene) (Entered: 01/07/2024) |
| 2024-02-07 | 43 | Joint STATUS REPORT by U.S. DEPARTMENT OF THE ARMY. (Attachments: # 1 Text of Proposed Order)(Doyle, Patrick) (Entered: 02/07/2024) |
| 2024-02-07 | 44 | Joint MOTION to Stay by U.S. DEPARTMENT OF THE ARMY. (Attachments: # 1 Text of Proposed Order)(Doyle, Patrick) (Entered: 02/07/2024) |
| 2024-02-08 | | MINUTE ORDER granting 44 Motion to Stay. The case is hereby stayed until May 6, 2024. The parties shall submit a joint status report by May 10, 2024, which shall propose a schedule for further proceedings if the dispute remains following the outcome of the administrative claim. Signed by Judge Christopher R. Cooper on 2/8/2024. (lccrc1) (Entered: 02/08/2024) |
| 2024-05-06 | 45 | Joint STATUS REPORT by U.S. DEPARTMENT OF THE ARMY. (Attachments: # 1 Text of Proposed Order)(Doyle, Patrick) (Entered: 05/06/2024) |
| 2024-05-06 | 46 | Joint MOTION to Stay by U.S. DEPARTMENT OF THE ARMY. (Attachments: # 1 Text of Proposed Order)(Doyle, Patrick) (Entered: 05/06/2024) |
| 2024-05-07 | | MINUTE ORDER granting 46 Motion to Stay. The case is hereby stayed until May 6, 2024. The parties shall submit a joint status report by July 12, 2024, which shall propose a schedule for further proceedings if the dispute remains following the outcome of the administrative claim. Signed by Judge Christopher R. Cooper on 5/7/2024. (lccrc1) (Entered: 05/07/2024) |
| 2024-05-28 | 47 | NOTICE OF SUBSTITUTION OF COUNSEL by Alane Ballweg on behalf of All Defendants Substituting for attorney Patrick Doyle (Ballweg, Alane) (Entered: 05/28/2024) |
| 2024-07-12 | 48 | Joint STATUS REPORT by U.S. DEPARTMENT OF THE ARMY. (Attachments: # 1 Text of Proposed Order)(Ballweg, Alane) (Entered: 07/12/2024) |
| 2024-07-12 | 49 | Joint MOTION to Stay by U.S. DEPARTMENT OF THE ARMY. (Attachments: # 1 Text of Proposed Order)(Ballweg, Alane) (Entered: 07/12/2024) |
| 2024-07-15 | | MINUTE ORDER granting 49 Motion to Stay. The case is hereby stayed until September 6, 2024. The parties shall submit a joint status report by September 10, 2024, which shall propose a schedule for further proceedings if the dispute remains following the outcome of the administrative claim. Signed by Judge Christopher R. Cooper on 7/15/2024. (lccrc1) (Entered: 07/15/2024) |
| 2024-08-22 | 50 | MOTION to Withdraw as Attorney by ELYSIAN LABS, INC.. (Attachments: # 1 Declaration of David S. Bloch, # 2 Exhibit A to Bloch Declaration)(Freeny, Kyle) (Entered: 08/22/2024) |
| 2024-08-26 | | MINUTE ORDER TO SHOW CAUSE: In light of the representations by Plaintiff's counsel in the Declaration supporting its 50 Motion to Withdraw as well the withdrawal of prior counsel under similar circumstances, Plaintiff is ordered to show cause in writing (either directly or through counsel) by September 10, 2024 why the case should not be dismissed for lack of prosecution. Plaintiff's response to this order shall indicate whether it intends to retain new counsel should the Court grant the motion to withdraw. The Court notes that corporate entities may not represent themselves in federal court proceedings. See Lennon v. McClory , 3 F. Supp. 2d 1461, 1462 n.1 (D.D.C. 1998) (citing Rowland v. Cal. Mens Colony , 506 U.S. 194, 201-02 (1993)). Plaintiff's counsel shall forward a copy of this order to Plaintiff through the means described in the withdrawal motion. Counsel shall also indicate in the scheduled September 10th joint status report whether it received any communication from Plaintiff in response to this order or otherwise. The Court will rule on the motion to withdraw and the dismissal of the case upon receipt of the joint status report. So Ordered by Judge Christopher R. Cooper on 8/26/2024. (lccrc1) Modified on 8/28/2024 (lsj). (Entered: 08/26/2024) |
| 2024-08-27 | 51 | NOTICE of Service of Minute Order by ELYSIAN LABS, INC. (Freeny, Kyle) (Entered: 08/27/2024) |
| 2024-09-10 | 52 | Joint STATUS REPORT by U.S. DEPARTMENT OF THE ARMY. (Ballweg, Alane) (Entered: 09/10/2024) |
| 2024-09-13 | | MINUTE ORDER: In light of the developments recounted in the parties' 52 Joint Status Report and Plaintiff's failure to respond to the Court's August 26, 2024 Order to Show Cause, Plaintiff's counsel's 50 Motion to Withdraw is hereby granted and the case is hereby dismissed without prejudice for lack of prosecution. So Ordered by Judge Christopher R. Cooper on 9/13/2024. (lccrc1) (Entered: 09/13/2024) |
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