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Case TitleTURSE v. U.S. DEPARTMENT OF DEFENSE et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2022cv02970
Date Filed2022-10-02
Date Closed2025-02-26
JudgeJudge Amit P. Mehta
PlaintiffNICK TURSE Dr.
Case DescriptionNick Turse, an investigative reporter, submitted a FOIA request to U.S. Special Operations Command for records concerning the after-action review of a 2018 incident in Somalia. The agency acknowledged receipt of the request and responded three years later by locating four responsive records, referring one record to the Office of the Secretary for review, and withholding one record entirely under Exemption 1 (national security). The other two records were disclosed with redactions. Turse filed an administrative appeal. After hearing nothing further from the agency, Turse filed suit.
Complaint issues: Failure to respond within statutory time limit, Public Interest Fee Waiver, Fees, Litigation - Attorney's fees

DefendantU.S. DEPARTMENT OF DEFENSE
DefendantOFFICE OF THE SECRETARY OF DEFENSE / JOINT STAFF
DefendantU.S. SPECIAL OPERATIONS COMMAND
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
Opinion/Order [32]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2022-10-021COMPLAINT against All Defendants ( Filing fee $ 402 receipt number ADCDC-9569657) filed by NICK TURSE. (Attachments: # 1 Civil Cover Sheet, # 2 Summons USAG, # 3 Summons DOD, # 4 Summons OSD-JS, # 5 Summons USAO, # 6 Summons SOCOM)(Golden, Deborah) (Entered: 10/02/2022)
2022-10-022SEALED DOCUMENT filed by NICK TURSE re 1 Complaint, (This document is SEALED and only available to authorized persons.)(Golden, Deborah) (Entered: 10/02/2022)
2022-10-03Case Assigned to Judge Amit P. Mehta. (zcb, ) (Entered: 10/03/2022)
2022-10-033SUMMONS (5) Issued Electronically as to All Defendants, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(zcb, ) (Entered: 10/03/2022)
2022-11-024NOTICE of Appearance by Benton Gregory Peterson on behalf of OFFICE OF THE SECRETARY OF DEFENSE / JOINT STAFF, U.S. DEPARTMENT OF DEFENSE, U.S. SPECIAL OPERATIONS COMMAND (Peterson, Benton) (Entered: 11/02/2022)
2022-11-095ANSWER to Complaint by OFFICE OF THE SECRETARY OF DEFENSE / JOINT STAFF, U.S. DEPARTMENT OF DEFENSE, U.S. SPECIAL OPERATIONS COMMAND.(Peterson, Benton) (Entered: 11/09/2022)
2022-11-106ORDER. Both a Complaint and an Answer are before the court in this FOIA matter. Accordingly, it is hereby ordered that the parties shall meet and confer and file a Joint Status Report on or before November 23, 2022. The Joint Status Report should address, among other things, (1) the status of Plaintiff's FOIA request; (2) the anticipated number of documents responsive to Plaintiff's FOIA request; (3) the anticipated date(s) for release of the documents requested by Plaintiff; (4) whether a motion for a stay is likely under Open America v. Watergate Special Prosecution Force, 547 F.2d 605 (D.C. Cir. 1976); and (5) whether the parties anticipate summary judgment briefing and, if so, a proposed briefing schedule. See the attached Order for additional details. Signed by Judge Amit P. Mehta on 11/10/2022. (lcapm1) (Entered: 11/10/2022)
2022-11-237Joint STATUS REPORT by NICK TURSE. (Golden, Deborah) (Entered: 11/23/2022)
2022-11-23MINUTE ORDER. The parties shall file an additional Joint Status Report by December 22, 2022, which updates the court on the processing and production of responsive records. Signed by Judge Amit P. Mehta on 11/23/2022. (lcapm1) (Entered: 11/23/2022)
2022-12-208Joint STATUS REPORT by NICK TURSE. (Golden, Deborah) (Entered: 12/20/2022)
2022-12-21MINUTE ORDER. The parties shall file an additional Joint Status Report by March 3, 2023, which updates the court on the processing and production of responsive records. Signed by Judge Amit P. Mehta on 12/21/2022. (lcapm1) (Entered: 12/21/2022)
2023-03-039Joint STATUS REPORT by OFFICE OF THE SECRETARY OF DEFENSE / JOINT STAFF, U.S. DEPARTMENT OF DEFENSE, U.S. SPECIAL OPERATIONS COMMAND. (Peterson, Benton) (Entered: 03/03/2023)
2023-03-07MINUTE ORDER. The parties shall file an additional Joint Status Report by May 3, 2023, which updates the court on the processing and production of responsive records. Signed by Judge Amit P. Mehta on 03/07/2023. (lcapm1) (Entered: 03/07/2023)
2023-05-0310Joint STATUS REPORT by OFFICE OF THE SECRETARY OF DEFENSE / JOINT STAFF, U.S. DEPARTMENT OF DEFENSE, U.S. SPECIAL OPERATIONS COMMAND. (Peterson, Benton) (Entered: 05/03/2023)
2023-05-04MINUTE ORDER. The parties shall file an additional Joint Status Report by June 16, 2023, which advises whether any disputed issues remain and, if so, proposes a schedule for further proceedings. Signed by Judge Amit P. Mehta on 05/04/2023. (lcapm1) (Entered: 05/04/2023)
2023-06-1611Joint STATUS REPORT by OFFICE OF THE SECRETARY OF DEFENSE / JOINT STAFF, U.S. DEPARTMENT OF DEFENSE, U.S. SPECIAL OPERATIONS COMMAND. (Peterson, Benton) (Entered: 06/16/2023)
2023-06-16MINUTE ORDER. The parties shall file an additional Joint Status Report by July 19, 2023, which advises whether any disputed issues remain and, if so, proposes a schedule for further proceedings. Signed by Judge Amit P. Mehta on 06/16/2023. (lcapm1) (Entered: 06/16/2023)
2023-07-1912Joint STATUS REPORT by OFFICE OF THE SECRETARY OF DEFENSE / JOINT STAFF, U.S. DEPARTMENT OF DEFENSE, U.S. SPECIAL OPERATIONS COMMAND. (Peterson, Benton) (Entered: 07/19/2023)
2023-07-24MINUTE ORDER. The parties shall file an additional Joint Status Report by August 19, 2023, which advises whether any disputed issues remain and, if so, proposes a schedule for further proceedings. Signed by Judge Amit P. Mehta on 07/24/2023. (lcapm2) (Entered: 07/24/2023)
2023-08-2113Joint STATUS REPORT by NICK TURSE. (Golden, Deborah) (Entered: 08/21/2023)
2023-08-22MINUTE ORDER. The parties shall file an additional Joint Status Report by September 21, 2023, which advises whether any disputed issues remain and, if so, proposes a schedule for further proceedings. Signed by Judge Amit P. Mehta on 08/22/2023. (lcapm1) (Entered: 08/22/2023)
2023-09-2114Joint STATUS REPORT by NICK TURSE. (Golden, Deborah) (Entered: 09/21/2023)
2023-09-22MINUTE ORDER. The parties shall file an additional Joint Status Report by October 23, 2023, which advises whether any disputed issues remain and, if so, proposes a schedule for further proceedings. Signed by Judge Amit P. Mehta on 09/22/2023. (lcapm1) (Entered: 09/22/2023)
2023-10-2315Joint STATUS REPORT by OFFICE OF THE SECRETARY OF DEFENSE / JOINT STAFF, U.S. DEPARTMENT OF DEFENSE, U.S. SPECIAL OPERATIONS COMMAND. (Peterson, Benton) (Entered: 10/23/2023)
2023-10-24MINUTE ORDER. The parties shall file an additional Joint Status Report by November 21, 2023, which advises whether any disputed issues remain and, if so, proposes a schedule for further proceedings. Signed by Judge Amit P. Mehta on 10/24/2023. (lcapm1) (Entered: 10/24/2023)
2023-11-2116Joint STATUS REPORT by OFFICE OF THE SECRETARY OF DEFENSE / JOINT STAFF, U.S. DEPARTMENT OF DEFENSE, U.S. SPECIAL OPERATIONS COMMAND. (Peterson, Benton) (Entered: 11/21/2023)
2023-11-22MINUTE ORDER. The parties shall file an additional Joint Status Report by December 20, 2023, which advises whether any disputed issues remain and, if so, proposes a schedule for further proceedings. Signed by Judge Amit P. Mehta on 11/22/2023. (lcapm1) (Entered: 11/22/2023)
2023-12-2017Joint STATUS REPORT by OFFICE OF THE SECRETARY OF DEFENSE / JOINT STAFF, U.S. DEPARTMENT OF DEFENSE, U.S. SPECIAL OPERATIONS COMMAND. (Peterson, Benton) (Entered: 12/20/2023)
2023-12-21MINUTE ORDER. The parties shall file an additional Joint Status Report on or before February 20, 2024, which advises whether any disputed issues remain and, if so, proposes a schedule for further proceedings. Signed by Judge Amit P. Mehta on 12/21/2023. (lcapm1) (Entered: 12/21/2023)
2024-02-2018Joint STATUS REPORT by NICK TURSE. (Golden, Deborah) (Entered: 02/20/2024)
2024-02-21MINUTE ORDER. The parties shall file an additional Joint Status Report on or before March 27, 2024, which advises whether any disputed issues remain and, if so, proposes a schedule for further proceedings. Signed by Judge Amit P. Mehta on 02/21/2024. (lcapm1) (Entered: 02/21/2024)
2024-02-21Set/Reset Deadlines: Joint Status Report due by 3/27/2024. (smc) (Entered: 02/21/2024)
2024-03-2719Joint STATUS REPORT by OFFICE OF THE SECRETARY OF DEFENSE / JOINT STAFF, U.S. DEPARTMENT OF DEFENSE, U.S. SPECIAL OPERATIONS COMMAND. (Peterson, Benton) (Entered: 03/27/2024)
2024-03-28MINUTE ORDER. The parties shall file an additional Joint Status Report on or before April 26, 2024, which advises whether any disputed issues remain and, if so, proposes a schedule for further proceedings. Signed by Judge Amit P. Mehta on 03/28/2024. (lcapm1) (Entered: 03/28/2024)
2024-03-28Set/Reset Deadlines: Joint Status Report due by 4/26/2024. (smc) (Entered: 03/28/2024)
2024-04-2620Joint STATUS REPORT by OFFICE OF THE SECRETARY OF DEFENSE / JOINT STAFF, U.S. DEPARTMENT OF DEFENSE, U.S. SPECIAL OPERATIONS COMMAND. (Peterson, Benton) (Entered: 04/26/2024)
2024-04-3021ORDER entering the briefing schedule proposed in the parties' 20 Joint Status Report. The schedule for further proceedings in this matter is as follows: (1) Defendants' Motion for Summary Judgment is due on or before June 14, 2024; (2) Plaintiff's Opposition to Defendants' Motion and any Cross-Motion for Summary Judgment is due on or before July 31, 2024; (3) Defendants' Reply and Opposition to any Cross-Motion for Summary Judgment is due on or before August 30, 2024; and (4) Plaintiff's Reply is due on or before September 13, 2024. See the attached Order for additional details. Signed by Judge Amit P. Mehta on 04/30/2024. (lcapm1) (Entered: 04/30/2024)
2024-05-01Set/Reset Deadlines/Hearings: Defendant's Summary Judgment motion due by 6/14/2024. Response to Motion for Summary Judgment due by 7/31/2024. Reply to Motion for Summary Judgment due by 8/30/2024. Plaintiff's Cross Motion due by 7/31/2024. Response to Cross Motion due by 8/30/2024. Reply to Cross Motion due by 9/13/2024. (zcdw) (Entered: 05/01/2024)
2024-06-1022Consent MOTION for Extension of Time to File by OFFICE OF THE SECRETARY OF DEFENSE / JOINT STAFF, U.S. DEPARTMENT OF DEFENSE, U.S. SPECIAL OPERATIONS COMMAND. (Attachments: # 1 Text of Proposed Order)(Peterson, Benton) (Entered: 06/10/2024)
2024-06-11MINUTE ORDER granting Defendants' 22 Consent Motion for Extension of Time. Defendants shall have through and including June 24, 2024, to file their Motion for Summary Judgment. Plaintiff's Motion/Opposition shall be due on August 12, 2024; Defendants' Opposition/Reply shall be due on September 9, 2024; and Plaintiff's Reply shall be due on September 23, 2024. Signed by Judge Amit P. Mehta on 06/11/2024. (lcapm1) (Entered: 06/11/2024)
2024-06-11Set/Reset Deadlines: Defendant's Summary Judgment motion due by 6/24/2024. Response to Motion for Summary Judgment due by 8/12/2024. Reply to Motion for Summary Judgment due by 9/9/2024. Response due by 9/23/2024. (zakb) (Entered: 06/11/2024)
2024-06-2423Consent MOTION for Extension of Time to File by OFFICE OF THE SECRETARY OF DEFENSE / JOINT STAFF, U.S. DEPARTMENT OF DEFENSE, U.S. SPECIAL OPERATIONS COMMAND. (Attachments: # 1 Text of Proposed Order)(Peterson, Benton) (Entered: 06/24/2024)
2024-06-25MINUTE ORDER granting Defendants' 23 Consent Motion for Extension of Time. Defendants shall file their Motion for Summary Judgment on or before June 25, 2024. Signed by Judge Amit P. Mehta on 06/25/2024. (lcapm1) (Entered: 06/25/2024)
2024-06-2524MOTION for Summary Judgment by OFFICE OF THE SECRETARY OF DEFENSE / JOINT STAFF, U.S. DEPARTMENT OF DEFENSE, U.S. SPECIAL OPERATIONS COMMAND. (Attachments: # 1 Statement of Facts, # 2 Declaration Boiselle, # 3 Declaration Gyrnkewich, # 4 Exhibit, # 5 Text of Proposed Order)(Peterson, Benton) (Entered: 06/25/2024)
2024-08-1225Consent MOTION for Extension of Time to File Response/Reply as to 24 MOTION for Summary Judgment by NICK TURSE. (Golden, Deborah) (Entered: 08/12/2024)
2024-08-13MINUTE ORDER granting Plaintiff's 25 Consent Motion for Extension of Time. Plaintiff shall have through and including August 26, 2024, to file his opposition and cross motion; Defendants shall have through and including September 24, 2024, to file their opposition and reply; and Plaintiff shall have through and including October 7, 2024 to file his Reply. Signed by Judge Amit P. Mehta on 08/13/2024. (lcapm1) (Entered: 08/13/2024)
2024-08-16Set/Reset Deadlines: Cross Motion due by 8/26/2024. Response to Cross Motions due by 9/24/2024. Reply to Cross Motions due by 10/7/2024. (zakb) (Entered: 08/16/2024)
2024-08-2626RESPONSE re 24 MOTION for Summary Judgment filed by NICK TURSE. (Attachments: # 1 Exhibit Ex. 1, # 2 Exhibit Ex. 2, # 3 Statement of Facts, # 4 Text of Proposed Order)(Golden, Deborah) (Entered: 08/26/2024)
2024-08-2627Cross MOTION for Summary Judgment by NICK TURSE. (Attachments: # 1 Exhibit Ex. 1, # 2 Exhibit Ex. 2, # 3 Statement of Facts, # 4 Text of Proposed Order)(Golden, Deborah) (Entered: 08/26/2024)
2024-09-2428Consent MOTION for Extension of Time to by OFFICE OF THE SECRETARY OF DEFENSE / JOINT STAFF, U.S. DEPARTMENT OF DEFENSE, U.S. SPECIAL OPERATIONS COMMAND. (Attachments: # 1 Text of Proposed Order)(Peterson, Benton) (Entered: 09/24/2024)
2024-09-25MINUTE ORDER granting Defendants' 28 Motion for Extension of Time. Defendants shall file their Opposition and Reply in Support of the Motion for Summary Judgment on September 25, 2024. Signed by Judge Amit P. Mehta on 09/25/2024. (lcapm1) (Entered: 09/25/2024)
2024-09-2529Memorandum in opposition to re 27 Motion for Summary Judgment filed by OFFICE OF THE SECRETARY OF DEFENSE / JOINT STAFF, U.S. DEPARTMENT OF DEFENSE, U.S. SPECIAL OPERATIONS COMMAND. (Attachments: # 1 Statement of Facts)(Peterson, Benton) (Entered: 09/25/2024)
2024-09-2530REPLY to opposition to motion re 24 MOTION for Summary Judgment filed by OFFICE OF THE SECRETARY OF DEFENSE / JOINT STAFF, U.S. DEPARTMENT OF DEFENSE, U.S. SPECIAL OPERATIONS COMMAND. (Attachments: # 1 Text of Proposed Order)(Peterson, Benton) (Entered: 09/25/2024)
2024-10-0731REPLY to opposition to motion re 27 Motion for Summary Judgment filed by NICK TURSE. (Golden, Deborah) (Entered: 10/07/2024)
2025-02-2432MEMORANDUM OPINION re: 24 Defendants' Motion for Summary Judgment and 27 Plaintiff's Opposition to Defendants' Motion for Summary Judgment and Cross-Motion for Summary Judgment. See the attached Memorandum Opinion for additional details. Signed by Judge Amit P. Mehta on 2/24/2025. (lcapm1) (Entered: 02/24/2025)
2025-02-2433ORDER granting 24 Defendants' Motion for Summary Judgment and denying 27 Plaintiff's Cross-Motion for Summary Judgment. Judgment is hereby entered in favor of Defendants. See the attached Order for additional details. Signed by Judge Amit P. Mehta on 2/24/2025. (lcapm1) (Entered: 02/24/2025)
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