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Case TitleCITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON v. U.S. DEPARTMENT OF THE ARMY et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2021cv02482
Date Filed2021-09-22
Date ClosedOpen
JudgeJudge Dabney L. Friedrich
PlaintiffCITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON
Case DescriptionCitizens for Responsibility and Ethics in Washington submitted FOIA requests to the Department of Army and the South Dakota National Guard for records concerning outside donations to fund sending SDNG troops to the southern border. CREW also requested a fee waiver, the agency acknowledged receipt of the request but told CREW that since it was a hybrid agency with both federal and state functions it would respond. CREW then filed suit.
Complaint issues: Failure to respond within statutory time limit, Agency - Federal, Litigation - Attorney's fees

DefendantU.S. DEPARTMENT OF THE ARMY
DefendantSOUTH DAKOTA NATIONAL GUARD
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Opinion/Order [30]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2021-09-221COMPLAINT against All Defendants ( Filing fee $ 402 receipt number ADCDC-8751551) filed by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON. (Attachments: # 1 Civil Cover Sheet, # 2 Summons Attorney General, # 3 Summons U.S. Attorney, # 4 Summons Army, # 5 Summons South Dakota National Guard)(Sus, Nikhel) (Entered: 09/22/2021)
2021-09-222LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON (Sus, Nikhel) (Entered: 09/22/2021)
2021-09-23Case Assigned to Judge Dabney L. Friedrich. (znmg) (Entered: 09/23/2021)
2021-09-233SUMMONS (4) Issued Electronically as to All Defendants, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(znmg) (Entered: 09/23/2021)
2021-09-244STANDARD ORDER for Civil Cases. See text for details. Signed by Judge Dabney L. Friedrich on September 24, 2021. (lcdlf1) (Entered: 09/24/2021)
2021-10-045RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 9/30/2021. ( Answer due for ALL FEDERAL DEFENDANTS by 10/30/2021.), RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. SOUTH DAKOTA NATIONAL GUARD served on 9/28/2021; U.S. DEPARTMENT OF THE ARMY served on 9/30/2021, RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 10/1/21. (Sus, Nikhel) (Entered: 10/04/2021)
2021-10-166NOTICE of Appearance by Jessica B. Colsia on behalf of SOUTH DAKOTA NATIONAL GUARD, U.S. DEPARTMENT OF THE ARMY (Colsia, Jessica) (Entered: 10/16/2021)
2021-10-187First MOTION for Extension of Time to File Answer by SOUTH DAKOTA NATIONAL GUARD, U.S. DEPARTMENT OF THE ARMY. (Attachments: # 1 Text of Proposed Order)(Colsia, Jessica) (Entered: 10/18/2021)
2021-10-18MINUTE ORDER granting the defendants' 7 First Motion for Extension of Time. Accordingly, the defendants shall answer or otherwise respond to the plaintiff's 1 Complaint on or before December 1, 2021. So Ordered by Judge Dabney L. Friedrich on October 18, 2021. (lcdlf1) (Entered: 10/18/2021)
2021-10-18Set/Reset Deadlines: Answer due by 12/1/2021, (zjch, ) (Entered: 10/18/2021)
2021-10-208AMENDED COMPLAINT against SOUTH DAKOTA NATIONAL GUARD, U.S. DEPARTMENT OF THE ARMY filed by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON. (Attachments: # 1 Redline comparison of original and amended pleading)(Sus, Nikhel) (Entered: 10/20/2021)
2021-12-019NOTICE OF SUBSTITUTION OF COUNSEL by Julia Alexandra Heiman on behalf of SOUTH DAKOTA NATIONAL GUARD, U.S. DEPARTMENT OF THE ARMY Substituting for attorney Jessica B. Colsia (Heiman, Julia) (Entered: 12/01/2021)
2021-12-0110ANSWER to 8 Amended Complaint by SOUTH DAKOTA NATIONAL GUARD, U.S. DEPARTMENT OF THE ARMY.(Heiman, Julia) (Entered: 12/01/2021)
2021-12-02MINUTE ORDER requiring the parties to MEET AND CONFER and file a joint status report proposing a schedule for further proceedings. The status report should address the status of the plaintiff's FOIA request, including the anticipated number of documents responsive to the request and the anticipated date(s) for release of the requested documents. The parties shall file the joint status report on or before December 20, 2021. Signed by Judge Dabney L. Friedrich on December 2, 2021. (lcdlf1) (Entered: 12/02/2021)
2021-12-2011Joint STATUS REPORT by SOUTH DAKOTA NATIONAL GUARD, U.S. DEPARTMENT OF THE ARMY. (Heiman, Julia) (Entered: 12/20/2021)
2021-12-22MINUTE ORDER. Upon consideration of the parties' 11 Joint Status Report, it is ORDERED that the parties shall file another joint status report on or before February 3, 2022. So Ordered by Judge Dabney L. Friedrich on December 22, 2021. (lcdlf1) (Entered: 12/22/2021)
2022-02-0312Joint STATUS REPORT by SOUTH DAKOTA NATIONAL GUARD, U.S. DEPARTMENT OF THE ARMY. (Heiman, Julia) (Entered: 02/03/2022)
2022-02-07MINUTE ORDER. Upon consideration of the parties' 12 Joint Status Report, it is ORDERED that the parties shall file another joint status report on or before March 3, 2022. So Ordered by Judge Dabney L. Friedrich on February 7, 2022. (lcdlf1) (Entered: 02/07/2022)
2022-03-0313Joint STATUS REPORT by SOUTH DAKOTA NATIONAL GUARD, U.S. DEPARTMENT OF THE ARMY. (Heiman, Julia) (Entered: 03/03/2022)
2022-03-04MINUTE ORDER. Upon consideration of the parties' 13 Joint Status Report, it is ORDERED that the parties shall file another joint status report on or before April 4, 2022. So Ordered by Judge Dabney L. Friedrich on March 4, 2022. (lcdlf1) (Entered: 03/04/2022)
2022-04-0414Joint STATUS REPORT by SOUTH DAKOTA NATIONAL GUARD, U.S. DEPARTMENT OF THE ARMY. (Heiman, Julia) (Entered: 04/04/2022)
2022-04-07MINUTE ORDER. Upon consideration of the parties' 14 Joint Status Report, it is ORDERED that the parties shall file another joint status report on or before May 5, 2022. So Ordered by Judge Dabney L. Friedrich on April 7, 2022. (lcdlf1) (Entered: 04/07/2022)
2022-04-07Set/Reset Deadlines: Status Report due by 5/5/2022 (zjch, ) (Entered: 04/08/2022)
2022-05-0515Joint STATUS REPORT by SOUTH DAKOTA NATIONAL GUARD, U.S. DEPARTMENT OF THE ARMY. (Heiman, Julia) (Entered: 05/05/2022)
2022-05-09MINUTE ORDER. Upon consideration of the parties' 15 Joint Status Report, the parties are directed to file another joint status report on or before June 8, 2022. So Ordered by Judge Dabney L. Friedrich on May 9, 2022. (lcdlf3) (Entered: 05/09/2022)
2022-06-0816Joint STATUS REPORT by SOUTH DAKOTA NATIONAL GUARD, U.S. DEPARTMENT OF THE ARMY. (Heiman, Julia) (Entered: 06/08/2022)
2022-06-10MINUTE ORDER. Upon consideration of the parties' 16 Joint Status Report, the parties are directed to file another joint status report on or before July 14, 2022. So Ordered by Judge Dabney L. Friedrich on June 10, 2022. (lcdlf1) (Entered: 06/10/2022)
2022-06-10Set/Reset Deadlines: Status Report due by 7/14/2022 (zjch, ) (Entered: 06/10/2022)
2022-07-1417Joint STATUS REPORT by SOUTH DAKOTA NATIONAL GUARD, U.S. DEPARTMENT OF THE ARMY. (Heiman, Julia) (Entered: 07/14/2022)
2022-07-15MINUTE ORDER. Upon consideration of the parties' 17 Joint Status Report, the parties are directed to file another joint status report on or before September 14, 2022. So Ordered by Judge Dabney L. Friedrich on June 15, 2022. (lcdlf1) (Entered: 07/15/2022)
2022-07-15Set/Reset Deadlines: Status Report due by 9/14/2022 (zjch, ) (Entered: 07/15/2022)
2022-09-1418Joint STATUS REPORT by SOUTH DAKOTA NATIONAL GUARD, U.S. DEPARTMENT OF THE ARMY. (Heiman, Julia) (Entered: 09/14/2022)
2022-09-14MINUTE ORDER. Upon consideration of the parties' 18 Joint Status Report, the parties are directed to file another joint status report on or before November 2, 2022. So Ordered by Judge Dabney L. Friedrich on September 14, 2022. (lcdlf1) (Entered: 09/14/2022)
2022-11-0219Joint STATUS REPORT by SOUTH DAKOTA NATIONAL GUARD, U.S. DEPARTMENT OF THE ARMY. (Heiman, Julia) (Entered: 11/02/2022)
2022-11-03MINUTE ORDER. Upon consideration of the parties' 19 Joint Status Report, the parties are directed to file another joint status report on or before December 7, 2022. So Ordered by Judge Dabney L. Friedrich on November 3, 2022. (lcdlf1) (Entered: 11/03/2022)
2022-12-0720Joint STATUS REPORT by SOUTH DAKOTA NATIONAL GUARD, U.S. DEPARTMENT OF THE ARMY. (Heiman, Julia) (Entered: 12/07/2022)
2022-12-08MINUTE ORDER. Upon consideration of the parties' 20 Joint Status Report, it is ORDERED that the defendant shall file any motion for summary judgment on or before February 13, 2023; the plaintiff shall file any opposition or cross-motions for summary judgment on or before March 6, 2023; the defendant shall file any opposition or reply on or before March 27, 2023; and the plaintiff shall file any reply on or before April 10, 2023. So Ordered by Judge Dabney L. Friedrich on December 8, 2022. (lcdlf1) (Entered: 12/08/2022)
2023-02-1021Consent MOTION for Extension of Time to File Defendants' Summary Judgment Motion by SOUTH DAKOTA NATIONAL GUARD, U.S. DEPARTMENT OF THE ARMY. (Attachments: # 1 Text of Proposed Order)(Heiman, Julia) (Entered: 02/10/2023)
2023-02-10MINUTE ORDER granting the defendants' 21 Consent Motion for an Extension of Time. The defendants shall file any motion for summary judgment on or before February 21, 2023; the plaintiff shall file any response and cross-motion for summary judgment on or before March 14, 2023; the defendants shall file any response and reply on or before April 4, 2023; and the plaintiff shall file any reply on or before April 18, 2023. So Ordered by Judge Dabney L. Friedrich on February 10, 2023. (lcdlf1) (Entered: 02/10/2023)
2023-02-1622Consent MOTION for Extension of Time to File Defendants' Summary Judgment Motion by SOUTH DAKOTA NATIONAL GUARD, U.S. DEPARTMENT OF THE ARMY. (Attachments: # 1 Text of Proposed Order)(Heiman, Julia) (Entered: 02/16/2023)
2023-02-17MINUTE ORDER granting the defendants' 22 Consent Motion for an Extension of Time. The defendants shall file any motion for summary judgment on or before February 28, 2023; the plaintiff shall file any response and cross-motion for summary judgment on or before March 30, 2023; the defendants shall file and response and reply on or before April 13, 2023; and the plaintiff shall file any reply on or before April 27, 2023. So Ordered by Judge Dabney L. Friedrich on February 17, 2023. (lcdlf1) (Entered: 02/17/2023)
2023-02-2823MOTION for Summary Judgment by SOUTH DAKOTA NATIONAL GUARD, U.S. DEPARTMENT OF THE ARMY. (Attachments: # 1 Memorandum in Support, # 2 Declaration of Angela L. Wiggins, # 3 Declaration of Major General Jeffrey P. Marlette, # 4 Statement of Facts, # 5 Text of Proposed Order)(Heiman, Julia) (Entered: 02/28/2023)
2023-03-3024Cross MOTION for Summary Judgment by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON. (Attachments: # 1 Memorandum in Support, # 2 Exhibit Plaintiff's Exhibit 1, # 3 Statement of Facts, # 4 Text of Proposed Order)(Sus, Nikhel) (Entered: 03/30/2023)
2023-03-3025Memorandum in opposition to re 23 Motion for Summary Judgment, filed by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON. (Attachments: # 1 Statement of Facts Plaintiff's Response to Defendants' Statement of Undisputed Facts)(Sus, Nikhel) (Entered: 03/30/2023)
2023-04-1326REPLY to opposition to motion re 23 MOTION for Summary Judgment filed by SOUTH DAKOTA NATIONAL GUARD, U.S. DEPARTMENT OF THE ARMY. (Attachments: # 1 Text of Proposed Order)(Heiman, Julia) (Entered: 04/13/2023)
2023-04-1327RESPONSE re 24 Cross MOTION for Summary Judgment filed by SOUTH DAKOTA NATIONAL GUARD, U.S. DEPARTMENT OF THE ARMY. (Attachments: # 1 Response to Statement of Undisputed Material Facts, # 2 Text of Proposed Order)(Heiman, Julia) (Entered: 04/13/2023)
2023-04-2728REPLY to opposition to motion re 24 Cross MOTION for Summary Judgment , 23 MOTION for Summary Judgment filed by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON. (Sus, Nikhel) (Entered: 04/27/2023)
2023-06-1429ORDER denying the defendant's 23 Motion for Summary Judgment and granting the plaintiff's 24 Motion for Summary Judgment. See text for details. Signed by Judge Dabney L. Friedrich on June 14, 2023. (lcdlf1) (Entered: 06/14/2023)
2023-06-1430MEMORANDUM OPINION regarding the defendants' 23 Motion for Summary Judgment and the plaintiff's 24 Cross-Motion for Summary Judgment. See text for details. Signed by Judge Dabney L. Friedrich on June 14, 2023. (lcdlf1) (Entered: 06/14/2023)
2023-06-15Set/Reset Deadlines: Joint Status Report due by 7/12/2023. (smc) (Entered: 06/15/2023)
2023-07-1231Joint STATUS REPORT by SOUTH DAKOTA NATIONAL GUARD, U.S. DEPARTMENT OF THE ARMY. (Heiman, Julia) (Entered: 07/12/2023)
2023-07-13MINUTE ORDER. Consistent with the parties' Joint Status Report, it is ORDERED that the parties shall file an additional joint status report on or before August 14, 2023, updating the Court as to whether this case may be closed. So Ordered by Judge Dabney L. Friedrich on July 13, 2023. (lcdlf1) (Entered: 07/13/2023)
2023-07-13Set/Reset Deadlines: Status Report due by 8/14/2023 (zjch, ) (Entered: 07/13/2023)
2023-08-1432ENTERED IN ERROR.....Joint STATUS REPORT by SOUTH DAKOTA NATIONAL GUARD, U.S. DEPARTMENT OF THE ARMY. (Heiman, Julia) Modified on 8/17/2023 (zed). (Entered: 08/14/2023)
2023-08-15MINUTE ORDER. Upon consideration of the parties' 32 Joint Status Report, it is ORDERED that the parties shall file an additional joint status report on or before September 14, 2023. So Ordered by Judge Dabney L. Friedrich on August 15, 2023. (lcdlf1) (Entered: 08/15/2023)
2023-08-15Set/Reset Deadlines: Status Report due by 9/14/2023 (zjch, ) (Entered: 08/15/2023)
2023-08-17NOTICE OF ERROR regarding 32 Status Report. The following error(s) need correction: Incorrect document or case. Please refile. (zed) (Entered: 08/17/2023)
2023-08-1733ERRATA by SOUTH DAKOTA NATIONAL GUARD, U.S. DEPARTMENT OF THE ARMY re 32 Status Report. (Attachments: # 1 August 14, 2023 Joint Status Report)(Heiman, Julia) (Entered: 08/17/2023)
2023-08-17MINUTE ORDER. Upon consideration of the parties' 33 Joint Status Report, it is ORDERED that the parties shall file a status report on or before October 13, 2023. The status report shall state whether the parties have been able to resolve the plaintiff's claim for attorneys' fees and whether this case can be closed. So Ordered by Judge Dabney L. Friedrich on August 17, 2023. (lcdlf1) (Entered: 08/17/2023)
2023-08-17Set/Reset Deadlines: Status Report due by 10/13/2023. (zjch, ) (Entered: 08/18/2023)
2023-10-1334Joint STATUS REPORT by SOUTH DAKOTA NATIONAL GUARD, U.S. DEPARTMENT OF THE ARMY. (Heiman, Julia) (Entered: 10/13/2023)
2023-10-16MINUTE ORDER. Upon consideration of the parties' 34 Status Report, it is ORDERED that the parties shall file a joint status report on or before November 14, 2023. So Ordered by Judge Dabney L. Friedrich on October 16, 2023. (lcdlf1) (Entered: 10/16/2023)
2023-10-16Set/Reset Deadlines: Status Report due by 11/14/2023 (zjch, ) (Entered: 10/17/2023)
2023-11-1435Joint STATUS REPORT by SOUTH DAKOTA NATIONAL GUARD, U.S. DEPARTMENT OF THE ARMY. (Heiman, Julia) (Entered: 11/14/2023)
2023-11-15MINUTE ORDER. Upon consideration of the parties' 35 Status Report, the parties shall file a joint status report on or before November 28, 2023. So Ordered by Judge Dabney L. Friedrich on November 15, 2023. (lcdlf1) (Entered: 11/15/2023)
2023-11-2836Joint STATUS REPORT by SOUTH DAKOTA NATIONAL GUARD, U.S. DEPARTMENT OF THE ARMY. (Heiman, Julia) (Entered: 11/28/2023)
2023-11-29MINUTE ORDER. Upon consideration of the parties' 36 Joint Status Report, the parties shall file a joint status report on or before January 12, 2024. So Ordered by Judge Dabney L. Friedrich on November 29, 2023. (lcdlf1) (Entered: 11/29/2023)
2024-01-1237Joint STATUS REPORT by SOUTH DAKOTA NATIONAL GUARD, U.S. DEPARTMENT OF THE ARMY. (Heiman, Julia) (Entered: 01/12/2024)
2024-01-15MINUTE ORDER. Upon consideration of the parties' 37 Status Report, the parties shall file a joint status report on or before February 29, 2024. So Ordered by Judge Dabney L. Friedrich on January 15, 2024. (lcdlf1) (Entered: 01/15/2024)
2024-02-2938Joint STATUS REPORT by SOUTH DAKOTA NATIONAL GUARD, U.S. DEPARTMENT OF THE ARMY. (Heiman, Julia) (Entered: 02/29/2024)
2024-03-01MINUTE ORDER. Upon consideration of the parties' 38 Status Report, the parties shall file a status report on or before March 29, 2024. So Ordered by Judge Dabney L. Friedrich on March 1, 2024. (lcdlf1) (Entered: 03/01/2024)
2024-03-2939Joint STATUS REPORT by SOUTH DAKOTA NATIONAL GUARD, U.S. DEPARTMENT OF THE ARMY. (Heiman, Julia) (Entered: 03/29/2024)
2024-03-30MINUTE ORDER. Consistent with the parties' 39 Joint Status Report, the parties shall submit a joint status report on or before April 29, 2024, if they have not submitted a stipulation of dismissal by that time. So Ordered by Judge Dabney L. Friedrich on March 30, 2024. (lcdlf1) (Entered: 03/30/2024)
2024-05-06MINUTE ORDER. On March 30, 2024, the Court ordered the parties to "submit a joint status report or before April 29, 2024, if they [had] not submitted a stipulation of dismissal by that time." As of today, May 6, 2024, the Court has received neither a joint status report nor a stipulation of dismissal. Accordingly, it is ORDERED that the parties shall file either joint status report or a stipulation of dismissal by May 10, 2024 or show cause for their failure to do so. So Ordered by Judge Dabney L. Friedrich on May 6, 2024. (lcdlf1) (Entered: 05/06/2024)
2024-05-0740Joint STATUS REPORT by SOUTH DAKOTA NATIONAL GUARD, U.S. DEPARTMENT OF THE ARMY. (Heiman, Julia) (Entered: 05/07/2024)
2024-05-08MINUTE ORDER. Upon consideration of the parties' 40 Status Report, the parties shall file a status report on or before June 7, 2024, if they have not submitted a stipulation of dismissal by that time. The Court's show-cause order dated May 6, 2024 is DISCHARGED. So Ordered by Judge Dabney L. Friedrich on May 8, 2024. (lcdlf1) (Entered: 05/08/2024)
2024-06-0741Joint STATUS REPORT by SOUTH DAKOTA NATIONAL GUARD, U.S. DEPARTMENT OF THE ARMY. (Heiman, Julia) (Entered: 06/07/2024)
2024-06-07MINUTE ORDER. Upon consideration of the parties' 41 Status Report, the parties shall submit a joint status report on or before August 7, 2024, if a stipulation of dismissal has not been filed by that time. So Ordered by Judge Dabney L. Friedrich on June 7, 2024. (lcdlf1) (Entered: 06/07/2024)
2024-06-07Set/Reset Deadlines: Status Report due by 8/7/2024 (zjch, ) (Entered: 06/21/2024)
2024-08-0642Joint STATUS REPORT by SOUTH DAKOTA NATIONAL GUARD, U.S. DEPARTMENT OF THE ARMY. (Heiman, Julia) (Entered: 08/06/2024)
2024-08-07MINUTE ORDER. Upon consideration of the parties' 42 Status Report, the parties shall submit a joint status report on or before November 5, 2024, if a stipulation of dismissal has not been filed by that time. So Ordered by Judge Dabney L. Friedrich on August 7, 2024. (lcdlf1) (Entered: 08/07/2024)
2024-09-0943STIPULATION of Dismissal by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON. (Sus, Nikhel) (Entered: 09/09/2024)
2024-09-09MINUTE ORDER dismissing this case with prejudice in light of the parties' 43 Stipulation of Dismissal. See Fed. R. Civ. P. 41(a). The Clerk of Court is directed to close this case. So Ordered by Judge Dabney L. Friedrich on September 9, 2024. (lcdlf1) (Entered: 09/09/2024)
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