Skip to content

Case Detail

[Subscribe to updates]
Case TitleSENSEYE, INC. v. U.S. DEPARTMENT OF THE ARMY
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2021cv02015
Date Filed2021-07-28
Date ClosedOpen
JudgeJudge Randolph D. Moss
PlaintiffSENSEYE, INC.
Case DescriptionSenseye, Inc. submitted a FOIA request to the Department of Army for records concerning a 11/20/20 email from Beth Scherr, Director of Small Business Programs, U.S. Army Futures Command. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Senseye filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Vaughn index, Litigation - Attorney's fees

DefendantU.S. DEPARTMENT OF THE ARMY
c/o Kimere J. Kimball
Assistant U.S. Attorney
2100 Jamieson Avenue
Alexandria, VA 22314
703-299-3770
Documents
Docket
Complaint
Complaint attachment 1
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2021-05-131Complaint ( Filing fee $ 402, receipt number AVAEDC-7787530.), filed by SENSEYE, INC.. (Attachments: # 1 Civil Cover Sheet)(Green, Alexander) (Attachment 1 replaced with non fillable form on 5/14/2021) (dvanm, ). [Transferred from Virginia Eastern on 7/28/2021.] (Entered: 05/13/2021)
2021-05-13Initial Case Assignment to District Judge Leonie M. Brinkema and Magistrate Judge Theresa Carroll Buchanan. (dvanm, ) [Transferred from Virginia Eastern on 7/28/2021.] (Entered: 05/14/2021)
2021-05-202Proposed Summons re 1 Complaint by SENSEYE, INC.. (Green, Alexander) [Transferred from Virginia Eastern on 7/28/2021.] (Entered: 05/20/2021)
2021-05-24Notice of Correction re 2 Proposed Summons. The filing user has been notified to file proposed summons for the US Attorney and the Attorney General. (dvanm, ) [Transferred from Virginia Eastern on 7/28/2021.] (Entered: 05/24/2021)
2021-06-013Proposed Summons re 1 Complaint by SENSEYE, INC.. (Green, Alexander) [Transferred from Virginia Eastern on 7/28/2021.] (Entered: 06/01/2021)
2021-06-024Summons Issued as to U.S. Department of the Army, U.S. Attorney and U.S. Attorney General NOTICE TO ATTORNEY: Print out two electronically issued summons and one copy of the attachments for each defendant to be served with the complaint. (Attachments: # 1 Notice)(dvanm, ) [Transferred from Virginia Eastern on 7/28/2021.] (Entered: 06/02/2021)
2021-07-075MOTION to Dismiss for Improper Venue by U.S. Department of the Army. (Kimball, Kimere) [Transferred from Virginia Eastern on 7/28/2021.] (Entered: 07/07/2021)
2021-07-076MOTION to Transfer Case (in the alternative) by U.S. Department of the Army. (Kimball, Kimere) [Transferred from Virginia Eastern on 7/28/2021.] (Entered: 07/07/2021)
2021-07-077Memorandum in Support re 6 MOTION to Transfer Case (in the alternative) , 5 MOTION to Dismiss for Improper Venue filed by U.S. Department of the Army. (Attachments: # 1 Exhibit DEX 1 (Jackson Decl), # 2 Exhibit DEX 2 (Connolly Decl))(Kimball, Kimere) [Transferred from Virginia Eastern on 7/28/2021.] (Entered: 07/07/2021)
2021-07-078Notice of Hearing Date set for July 30, 2021 re 6 MOTION to Transfer Case (in the alternative) , 5 MOTION to Dismiss for Improper Venue (Kimball, Kimere) [Transferred from Virginia Eastern on 7/28/2021.] (Entered: 07/07/2021)
2021-07-07Set Deadlines as to 5 MOTION to Dismiss for Improper Venue , 6 MOTION to Transfer Case (in the alternative) . Motion Hearing set for 7/30/2021 at 10:00 AM in Alexandria Courtroom 700 before District Judge Leonie M. Brinkema. (clar, ) [Transferred from Virginia Eastern on 7/28/2021.] (Entered: 07/08/2021)
2021-07-219STIPULATION re 6 MOTION to Transfer Case (in the alternative) - Joint Stipulation and Proposed Order Transferring Case to the U.S. District Court for the District of Columbia by SENSEYE, INC.. (Attachments: # 1 Proposed Order)(Green, Alexander) [Transferred from Virginia Eastern on 7/28/2021.] (Entered: 07/21/2021)
2021-07-2110ORDERED that the Motion to Transfer to Appropriate Venue (Dkt. No. 6) be GRANTED; and it is FURTHER ORDERED that Defendant's alternative Motion to Dismiss for Improper Venue (Dkt. No. 5) be DENIED AS WITHDRAWN; and it is FURTHER ORDERED that the above-captioned action be TRANSFERRED in its entirety to the U.S. District Court for the District of Columbia; and it is FURTHER ORDERED that the Clerk of this Court take all necessary actions to transfer the above-captioned action in its entirety to the U.S. District Court for the District of Columbia. Signed by District Judge Leonie M. Brinkema on 07/21/2021. (jlan) [Transferred from Virginia Eastern on 7/28/2021.] (Entered: 07/21/2021)
2021-07-21Case transferred to District of of Columbia. (jlan) [Transferred from Virginia Eastern on 7/28/2021.] (Entered: 07/21/2021)
2021-07-2811Case transferred in from District of Virginia Eastern; Case Number 1:21-cv-00605. Original file certified copy of transfer order and docket sheet received. (Entered: 07/28/2021)
2021-07-2812STANDING ORDER: It is hereby ORDERED that the parties shall comply with the directives set forth in the attached Standing Order. See document for details. Signed by Judge Randolph D. Moss on 7/28/2021. (lcrdm2) (Entered: 07/28/2021)
2021-07-28MINUTE ORDER: It is hereby ORDERED that the parties shall file a joint status report on or before August 18, 2021, addressing the status of the FOIA request at issue in this case and proposing a schedule for further proceedings. Signed by Judge Randolph D. Moss on 7/28/2021. (lcrdm2) (Entered: 07/28/2021)
2021-08-1713NOTICE of Appearance by Jessica B. Colsia on behalf of U.S. DEPARTMENT OF THE ARMY (Colsia, Jessica) (Entered: 08/17/2021)
2021-08-1714ANSWER to 1 Complaint, by U.S. DEPARTMENT OF THE ARMY.(Colsia, Jessica) (Entered: 08/17/2021)
2021-08-18MINUTE ORDER: It is hereby ORDERED that, on or before September 9, 2021, the parties shall confer and file a joint status report addressing (1) any documents still to be produced pursuant to FOIA; (2) an anticipated schedule for processing and producing any such documents; and (3) any substantive areas of disagreement between the parties. It is further ORDERED that the parties shall appear telephonically for an Initial Scheduling Conference on September 16, 2021, at 2:00 p.m. The courtroom deputy clerk will provide the parties with the necessary dial-in information. Signed by Judge Randolph D. Moss on 08/18/2021. (lcrdm2) (Entered: 08/18/2021)
2021-08-1815Joint STATUS REPORT by U.S. DEPARTMENT OF THE ARMY. (Colsia, Jessica) (Entered: 08/18/2021)
2021-09-0916STATUS REPORT by U.S. DEPARTMENT OF THE ARMY. (Colsia, Jessica) (Entered: 09/09/2021)
2021-09-10MINUTE ORDER: Upon consideration of Defendant's status report, Dkt. 16 , it is hereby ORDERED that the parties shall file a further joint status report on or before October 29, 2021. Signed by Judge Randolph D. Moss on 09/10/2021. (lcrdm2) (Entered: 09/10/2021)
2021-09-15MINUTE ORDER: In light of the parties' most recent status report, Dkt. 16 , the telephonic Initial Scheduling Conference set for September 16, 2021, at 2:00 p.m. is VACATED and RESCHEDULED for November 9, 2021, at 9:00 a.m. The Courtroom Deputy Clerk will provide the parties with the necessary dial-in information. Signed by Judge Randolph D. Moss on 09/15/2021. (lcrdm2) (Entered: 09/15/2021)
2021-10-12MINUTE ORDER: Due to a scheduling conflict in the Court's calendar, it is hereby ORDERED that the telephonic initial scheduling conference set for November 9, 2021 at 9:00 a.m. is RESCHEDULED for November 29, 2021, at 9:30 a.m. The parties shall use the same teleconference number and access code. Signed by Judge Randolph D. Moss on 10/12/2021. (lcrdm2) Modified on 10/12/2021 to edit hearing type (kt). (Entered: 10/12/2021)
2021-10-12Set/Reset Hearings: Initial Scheduling Conference set for 11/29/2021, at 9:30 AM, by telephone, before Judge Randolph D. Moss. (kt) (Entered: 10/12/2021)
2021-10-2917Joint STATUS REPORT by U.S. DEPARTMENT OF THE ARMY. (Colsia, Jessica) (Entered: 10/29/2021)
2021-11-01MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 17 , it is hereby ORDERED that the parties shall file a further joint status report on or before November 23, 2021. Signed by Judge Randolph D. Moss on 11/1/2021. (lcrdm2) (Entered: 11/01/2021)
2021-11-2318Joint STATUS REPORT by U.S. DEPARTMENT OF THE ARMY. (Colsia, Jessica) (Entered: 11/23/2021)
2021-11-24MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 18 , it is hereby ORDERED that the initial scheduling conference set for November 29, 2021, is VACATED and RESCHEDULED for January 7, 2022, at 2:00 p.m., to occur via Zoom. It is further ORDERED that the parties shall submit a further joint status report on or before December 23, 2021. The Courtroom Deputy Clerk will provide the necessary Zoom login information. Signed by Judge Randolph D. Moss on 11/24/2021. (lcrdm2) (Entered: 11/24/2021)
2021-12-2319Joint STATUS REPORT by U.S. DEPARTMENT OF THE ARMY. (zjf) (Entered: 12/27/2021)
2022-01-07Minute Entry for proceedings held before Judge Randolph D. Moss: Video (Zoom) Initial Scheduling Conference held on 1/7/2022. Joint Status Report due by 1/28/2022. (Court Reporter: Jeff Hook.) (kt) (Entered: 01/07/2022)
2022-01-2820NOTICE of Appearance by Jane M. Lyons on behalf of U.S. DEPARTMENT OF THE ARMY (Lyons, Jane) (Entered: 01/28/2022)
2022-01-2821Joint STATUS REPORT by U.S. DEPARTMENT OF THE ARMY. (Lyons, Jane) (Entered: 01/28/2022)
2022-01-31MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 21 , it is hereby ORDERED that the parties shall file a further joint status report on or before March 1, 2022. Signed by Judge Randolph D. Moss on 1/31/2022. (lcrdm2) (Entered: 01/31/2022)
2022-02-2422NOTICE of Appearance by Kraig Jennett on behalf of SENSEYE, INC. (Jennett, Kraig) (Entered: 02/24/2022)
2022-02-2423NOTICE of Appearance by John Haberland on behalf of U.S. DEPARTMENT OF THE ARMY (Haberland, John) (Entered: 02/24/2022)
2022-02-2724NOTICE OF WITHDRAWAL OF APPEARANCE as to SENSEYE, INC.. Attorney Alexander Richard Green terminated. (Green, Alexander) (Entered: 02/27/2022)
2022-02-2825Joint STATUS REPORT by U.S. DEPARTMENT OF THE ARMY. (Attachments: # 1 Text of Proposed Order)(Haberland, John) (Entered: 02/28/2022)
2022-03-01MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 25 , it is hereby ORDERED that the parties shall file a further joint status report on or before May 3, 2022. Signed by Judge Randolph D. Moss on 3/1/2022. (lcrdm2) (Entered: 03/01/2022)
2022-05-0326Joint STATUS REPORT by U.S. DEPARTMENT OF THE ARMY. (Attachments: # 1 Text of Proposed Order)(Haberland, John) (Entered: 05/03/2022)
2022-05-04MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 26 , it is hereby ORDERED that the parties shall file a further joint status report on or before June 28, 2022. Signed by Judge Randolph D. Moss on 5/4/2022. (lcrdm2) (Entered: 05/04/2022)
2022-06-2827Joint STATUS REPORT by U.S. DEPARTMENT OF THE ARMY. (Attachments: # 1 Text of Proposed Order)(Haberland, John) (Entered: 06/28/2022)
2022-07-01MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 27 , it is hereby ORDERED that the parties shall file a further joint status report on or before August 26, 2022. Signed by Judge Randolph D. Moss on 7/1/2022. (lcrdm2) (Entered: 07/01/2022)
2022-08-2528Joint STATUS REPORT by U.S. DEPARTMENT OF THE ARMY. (Attachments: # 1 Text of Proposed Order)(Haberland, John) (Entered: 08/25/2022)
2022-08-25MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 28 , it is hereby ORDERED that the parties shall file a further joint status report on or before October 26, 2022. Signed by Judge Randolph D. Moss on 08/25/2022. (lcrdm2) (Entered: 08/25/2022)
2022-10-2629Joint STATUS REPORT by U.S. DEPARTMENT OF THE ARMY. (Attachments: # 1 Text of Proposed Order)(Haberland, John) (Entered: 10/26/2022)
2022-10-26MINUTE ORDER: Upon consideration of the parties' Joint Status Report, Dkt. 29 , it is hereby ORDERED that the parties shall file a further joint status report on or before December 20, 2022. Signed by Judge Randolph D. Moss on 10/26/2022. (lcrdm2) (Entered: 10/26/2022)
2022-12-1930Joint STATUS REPORT by U.S. DEPARTMENT OF THE ARMY. (Attachments: # 1 Text of Proposed Order)(Haberland, John) (Entered: 12/19/2022)
2022-12-20MINUTE ORDER: Upon consideration of the parties' Joint Status Report, Dkt. 30 , it is hereby ORDERED that the parties shall file a further joint status report on or before February 17, 2023. Signed by Judge Randolph D. Moss on 12/20/2022. (lcrdm2) (Entered: 12/20/2022)
2023-02-1531Joint STATUS REPORT by U.S. DEPARTMENT OF THE ARMY. (Attachments: # 1 Text of Proposed Order)(Haberland, John) (Entered: 02/15/2023)
2023-02-15MINUTE ORDER: Upon consideration of the parties' Joint Status Report, Dkt. 31 , it is hereby ORDERED that the parties shall file a further joint status report on or before April 21, 2023. Signed by Judge Randolph D. Moss on 2/15/2023. (lcrdm2) (Entered: 02/15/2023)
2023-04-2032Joint STATUS REPORT by U.S. DEPARTMENT OF THE ARMY. (Attachments: # 1 Text of Proposed Order)(Haberland, John) (Entered: 04/20/2023)
2023-04-24MINUTE ORDER: Upon consideration of the parties' Joint Status Report, Dkt. 32 , it is hereby ORDERED that the parties shall file a further joint status report on or before May 25, 2023. Signed by Judge Randolph D. Moss on 4/24/2023. (lcrdm2) (Entered: 04/24/2023)
2023-05-2433Joint STATUS REPORT by U.S. DEPARTMENT OF THE ARMY. (Attachments: # 1 Text of Proposed Order)(Haberland, John) (Entered: 05/24/2023)
2023-05-24MINUTE ORDER: Upon consideration of the parties' Joint Status Report, Dkt. 33 , it is hereby ORDERED that the parties shall file a further joint status report on or before June 29, 2023. Signed by Judge Randolph D. Moss on 5/24/2023. (lcrdm2) (Entered: 05/24/2023)
2023-06-2334NOTICE 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: 06/23/2023)
2023-06-2835Joint STATUS REPORT by U.S. DEPARTMENT OF THE ARMY. (Attachments: # 1 Text of Proposed Order)(Doyle, Patrick) (Entered: 06/28/2023)
2023-06-29MINUTE ORDER: In light of the parties' Joint Status Report, Dkt. 35 , it is hereby ORDERED that the parties shall direct their attention to the Court's standing order, Dkt. 12 , and particularly to the requirement for a pre-motion conference and notices. Signed by Judge Randolph D. Moss on 6/29/2023. (lcrdm2) (Entered: 06/29/2023)
2023-07-1236Joint STATUS REPORT by U.S. DEPARTMENT OF THE ARMY. (Attachments: # 1 Text of Proposed Order)(Doyle, Patrick) (Entered: 07/12/2023)
2023-07-13MINUTE ORDER: In light of the parties' Joint Status Report, Dkt. 36 , it is hereby ORDERED that (1) Defendant shall provide search declarations and Vaughn indices, if any, to Plaintiff on or before August 4, 2023; (2) Defendant shall file a notice on or before August 11, 2023 to request a premotion conference; (3) Plaintiff will respond to Defendant's notice no later than August 18, 2023; and (4) if Defendant has not submitted a pre-motion conference notice by August 11, 2023, the parties shall submit a joint status report on or before that date. Signed by Judge Randolph D. Moss on 7/13/2023. (lcrdm2) (Entered: 07/13/2023)
2023-08-0337Consent MOTION for Extension of Time to Provide Documents by U.S. DEPARTMENT OF THE ARMY. (Attachments: # 1 Text of Proposed Order)(Doyle, Patrick) (Entered: 08/03/2023)
2023-08-03MINUTE ORDER: Upon consideration of the Consent Motion for Extension of Time, Dkt. 37 , it is hereby ORDERED that the motion is GRANTED. It is further ORDERED that (1) Defendant shall provide search declarations and Vaughn indices, if any, to Plaintiff on or before August 25, 2023; (2) Defendant shall file a notice on or before September 1, 2023 to request a pre-motion conference; and (3) Plaintiff shall respond to Defendant's notice on or before September 8, 2023. If Defendant fails to submit a pre-motion conference notice on or before September 1, 2023, the parties shall submit a joint status report on that date instead. Signed by Judge Randolph D. Moss on 8/3/2023. (lcrdm2) (Entered: 08/03/2023)
2023-09-0138NOTICE Requesting Pre-Motion Conference by U.S. DEPARTMENT OF THE ARMY (Doyle, Patrick) (Entered: 09/01/2023)
2023-09-01MINUTE ORDER: Upon consideration of Defendant's Notice Requesting Pre-Motion Conference 38 , it is hereby ORDERED that the parties appear for a pre-motion conference on November 2, 2023, at 2:00 p.m., in Courtroom 8. The parties shall comply with the directives set forth in Section 10 of the Standing Order 12 . Signed by Judge Randolph D. Moss on 09/01/2023. (lcrdm2) (Entered: 09/01/2023)
2023-09-0139MOTION for Pre-Motion Conference by U.S. DEPARTMENT OF THE ARMY. (See Docket Entry 38 to view document) (zjm) Modified on 9/5/2023 (zjm). (Entered: 09/05/2023)
2023-09-0740RESPONSE re 39 MOTION for Hearing filed by SENSEYE, INC.. (Jennett, Kraig) (Entered: 09/07/2023)
2023-09-1041NOTICE of Appearance by Joseph William Eshelman, III on behalf of SENSEYE, INC. (Eshelman, Joseph) (Entered: 09/10/2023)
2023-11-0142Consent MOTION to Continue Pre-Motion Conference by SENSEYE, INC.. (Attachments: # 1 Text of Proposed Order Proposed Order)(Jennett, Kraig) (Entered: 11/01/2023)
2023-11-01MINUTE ORDER: Upon consideration of Plaintiff's Consent Motion for Continuance, Dkt. 42 , it is hereby ORDERED that the motion is GRANTED. The pre-motion conference currently scheduled for Nov. 2, 2023, is VACATED and RESCHEDULED for Nov. 17, 2023, at 10:00 a.m. in Courtroom 8. Signed by Judge Randolph D. Moss on 11/1/23. (lcrdm2) (Entered: 11/01/2023)
2023-11-17Minute Entry for proceedings held before Judge Randolph D. Moss: Pre-motion Conference held on 11/17/2023. Parties to meet and confer and file a joint status report on or before 2/1/24. Government to file opening brief by 3/1/24; Opposition/Cross Motions filed on or before 4/5/2024. Opposition/Reply to be filed on or before by 5/3/2024. Final Reply due on or before 5/17/2024. (Court Reporter Tammi Sefranek) (zglw) (Entered: 11/17/2023)
2024-02-0143Joint STATUS REPORT by U.S. DEPARTMENT OF THE ARMY. (Doyle, Patrick) (Entered: 02/01/2024)
2024-03-0144MOTION for Summary Judgment by U.S. DEPARTMENT OF THE ARMY. (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Text of Proposed Order, # 4 Declaration Jackson, # 5 Declaration Jackson Supp.)(Doyle, Patrick) (Entered: 03/01/2024)
2024-04-0345Memorandum in opposition to re 44 Motion for Summary Judgment filed by SENSEYE, INC.. (Attachments: # 1 Exhibit 1 - Information Paper dated July 2020, # 2 Exhibit 2 - Affidavit of David Zakariaie, # 3 Exhibit 3 - March 11, 2024 Email from P. Doyle, # 4 Text of Proposed Order)(Eshelman, Joseph) (Entered: 04/03/2024)
2024-04-0346MEMORANDUM re 45 Statement of Material Facts in Genuine Dispute. (Eshelman, Joseph) Modified event title and link on 4/9/2024 (znmw). (Entered: 04/03/2024)
2024-04-0547Memorandum in opposition to re 44 Motion for Summary Judgment (Corrected) filed by SENSEYE, INC.. (Eshelman, Joseph) (Entered: 04/05/2024)
2024-05-0348REPLY to opposition to motion re 44 MOTION for Summary Judgment filed by U.S. DEPARTMENT OF THE ARMY. (Attachments: # 1 Exhibit Vaughn Index, # 2 Declaration Jackson Second Supp.)(Doyle, Patrick) (Entered: 05/03/2024)
2024-07-0149NOTICE OF SUBSTITUTION OF COUNSEL by Alane Ballweg on behalf of U.S. DEPARTMENT OF THE ARMY Substituting for attorney Patrick Doyle (Ballweg, Alane) (Entered: 07/01/2024)
Hide Docket Events
by FOIA Project Staff
Skip to toolbar