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Case TitleDERYCK v. DEPARTMENT OF DEFENSE et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2022cv03290
Date Filed2022-10-27
Date Closed2024-09-23
JudgeJudge Trevor N. McFadden
PlaintiffCHRISTOPHER L. DERYCK
Case DescriptionChristopher Deryck submitted FOIA requests to the Department of Defense, the Department of Navy, and the Defense Counterintelligence and Security Agency concerning the reason why his security clearance was suspended. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Deryck filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Attorney's fees

Defendant2255
MATTHEW M. GRAVES
950 Pennsylvania Ave NW
Washington, DC 20530-0001
2255
ATTORNEY GENERAL OF THE UNITED STATES
950 Pennsylvania Ave.
Washington, DC
DefendantDEPARTMENT OF DEFENSE
DefendantDEPARTMENT OF THE NAVY
DefendantDEFENSE COUNTERINTELLIGENCE AND SECURITY AGENCY
DefendantJOY F. GREENE Supervisory Government Information Specialist
DefendantJOY F. GREENE Supervisory Government Information Specialist
TERMINATED: 05/08/2023
DefendantSAMUEL J. PAPARO ADMIRAL, Commander
DefendantJOY F GREENE
DefendantSAMUEL J. PAPARO ADMIRAL, Commander
TERMINATED: 05/08/2023
DefendantSAMUEL J PAPARO
DefendantDUSTIN WALLACE CAPTAIN, Fleet Judge Advocate, U.S. Navy
DefendantDUSTIN WALLACE CAPTAIN, Fleet Judge Advocate, U.S. Navy
TERMINATED: 05/08/2023
DefendantDUSTIN WALLACE
DefendantDARLENE A. LOVELLE-PARKER Security Director, U.S. Pacific Fleet
DefendantDARLENE A. LOVELLE-PARKER Security Director, U.S. Pacific Fleet
TERMINATED: 05/08/2023
DefendantDARLENE A LOVELLE-PARKER
DefendantJOHN DOES 1-10
DefendantJOHN DOES 1-10 Federal Government Employee
DefendantJOHN DOES 1-10 Federal Government Employee
TERMINATED: 05/08/2023
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
Complaint attachment 7
Complaint attachment 8
Complaint attachment 9
Complaint attachment 10
Complaint attachment 11
Opinion/Order [35]
Opinion/Order [54]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2022-10-271COMPLAINT against All Defendants ( Filing fee $ 402 receipt number ADCDC-9631302) filed by CHRISTOPHER DERYCK. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit, # 3 Summons DOD, # 4 Summons Dept of Navy, # 5 Summons DCSA, # 6 Summons Greene, # 7 Summons Paparo, # 8 Summons Wallace, # 9 Summons Lovell-Parker, # 10 Summons DC Att, # 11 Summons Att Gen)(O'Brien, Brett) (Entered: 10/27/2022)
2022-10-31NOTICE OF ERROR re 1 Complaint; emailed to brett@nationalsecuritylawfirm.com, cc'd 0 associated attorneys -- The PDF file you docketed contained errors: 1. Blank or missing coversheet. Please use the cover sheet at https://www.dcd.uscourts.gov/new-case-forms & file using the event Civil Cover Sheet., 2. COMPLIANCE DEADLINE is by close of business today. This case will not proceed any further until all errors are satisfied. (zsl, ) (Entered: 10/31/2022)
2022-11-02MINUTE ORDER : As Plaintiff has failed to correct the errors in his Complaint noted by the Clerk's Office, the Court ORDERS that he shall do so by November 4, or the case will be dismissed without prejudice. So ORDERED, by Judge James E. Boasberg on 11/2/2022. (nbn) (Entered: 11/02/2022)
2022-11-032ENTERED IN ERROR.....CIVIL COVER SHEET by CHRISTOPHER L. DERYCK re 1 Complaint, filed by CHRISTOPHER L. DERYCK. Related document: 1 Complaint, filed by CHRISTOPHER L. DERYCK.(O'Brien, Brett) Modified on 11/3/2022 (zsl). (Entered: 11/03/2022)
2022-11-03NOTICE OF ERROR re 2 Cover Sheet; emailed to brett@nationalsecuritylawfirm.com, cc'd 0 associated attorneys -- The PDF file you docketed contained errors: 1. No signature. All filings must have an original signature or '/s/ Attorney Name' to represent an electronic signature of the filer. Please refile using the event Civil Cover Sheet., 2. COMPLIANCE DEADLINE is by close of business today. This case will not proceed any further until all errors are satisfied. (zsl, ) (Entered: 11/03/2022)
2022-11-043CIVIL COVER SHEET CORRECTED by CHRISTOPHER L. DERYCK re 1 Complaint, filed by CHRISTOPHER L. DERYCK. Related document: 1 Complaint, filed by CHRISTOPHER L. DERYCK.(O'Brien, Brett) (Entered: 11/04/2022)
2022-11-04Case Assigned to Judge Trevor N. McFadden. (zsl) (Entered: 11/04/2022)
2022-11-044SUMMONS (9) Issued Electronically as to DEFENSE COUNTERINTELLIGENCE AND SECURITY AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF THE NAVY, JOY F. GREENE, DARLENE A. LOVELLE-PARKER, SAMUEL J. PAPARO, DUSTIN WALLACE, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(zsl) (Entered: 11/04/2022)
2022-11-045STANDING ORDER Establishing Procedures for Cases Before Judge Trevor N. McFadden. The parties are hereby ORDERED to read and comply with the directives in the attached standing order. Signed by Judge Trevor N. McFadden on 11/4/2022. (lctnm3) (Entered: 11/04/2022)
2022-11-216Emergency MOTION for Preliminary Injunction DEFENDANTS by CHRISTOPHER L. DERYCK. (Attachments: # 1 Memorandum in Support, # 2 Exhibit, # 3 Declaration, # 4 Certificate of Service, # 5 Text of Proposed Order)(O'Brien, Brett) (Entered: 11/21/2022)
2022-11-217ORDER re 6 Emergency Motion for Preliminary Injunction. See attached Order for details. Signed by Judge Trevor N. McFadden on 11/21/2022. (lctnm3) (Entered: 11/21/2022)
2022-11-298NOTICE of Appearance by Dedra Seibel Curteman on behalf of DEFENSE COUNTERINTELLIGENCE AND SECURITY AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF THE NAVY, JOY F. GREENE, DARLENE A. LOVELLE-PARKER, SAMUEL J. PAPARO, DUSTIN WALLACE (Curteman, Dedra) (Entered: 11/29/2022)
2022-11-299Consent MOTION for Extension of Time to File Answer re 1 Complaint, by DEFENSE COUNTERINTELLIGENCE AND SECURITY AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF THE NAVY, JOY F. GREENE, DARLENE A. LOVELLE-PARKER, SAMUEL J. PAPARO, DUSTIN WALLACE. (Attachments: # 1 Text of Proposed Order)(Curteman, Dedra) (Entered: 11/29/2022)
2022-11-29MINUTE ORDER granting the 9 Consent Motion for Extension of Time to Respond. Defendants' responsive pleading shall be due on or before February 3, 2023. SO ORDERED. Signed by Judge Trevor N. McFadden on 11/29/2022. (lctnm3) (Entered: 11/29/2022)
2022-11-30Set/Reset Deadlines: Defendants' responsive pleading due by 2/3/2023. (hmc) (Entered: 11/30/2022)
2023-01-2610Consent MOTION for Extension of Time to File Answer re 1 Complaint, by DEFENSE COUNTERINTELLIGENCE AND SECURITY AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF THE NAVY, JOY F. GREENE, DARLENE A. LOVELLE-PARKER, SAMUEL J. PAPARO, DUSTIN WALLACE. (Attachments: # 1 Text of Proposed Order)(Curteman, Dedra) (Entered: 01/26/2023)
2023-01-27MINUTE ORDER granting the 10 Consent Motion for Extension of Time. Defendants shall file their Answer on or before February 17, 2023. SO ORDERED. Signed by Judge Trevor N. McFadden on 1/27/2023. (lctnm3) (Entered: 01/27/2023)
2023-01-27Set/Reset Deadlines: Answer due by 2/17/2023. (hmc) (Entered: 01/27/2023)
2023-02-1711MOTION for Extension of Time to File a Response to Plaintiff's Complaint by DEFENSE COUNTERINTELLIGENCE AND SECURITY AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF THE NAVY, JOY F. GREENE, DARLENE A. LOVELLE-PARKER, SAMUEL J. PAPARO, DUSTIN WALLACE. (Attachments: # 1 Text of Proposed Order)(Curteman, Dedra) (Entered: 02/17/2023)
2023-02-1712RESPONSE re 11 MOTION for Extension of Time to File a Response to Plaintiff's Complaint filed by CHRISTOPHER L. DERYCK. (Attachments: # 1 Exhibit)(O'Brien, Brett) (Entered: 02/17/2023)
2023-02-17MINUTE ORDER denying the 11 Motion for Extension of Time to File Response. This is the Government's third request for an extension and it violates Paragraph 9(A) of this Court's Standing Order. SO ORDERED. Signed by Judge Trevor N. McFadden on 2/17/2023. (lctnm3) (Entered: 02/17/2023)
2023-02-1713MOTION to Dismiss by DEFENSE COUNTERINTELLIGENCE AND SECURITY AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF THE NAVY, JOY F. GREENE, DARLENE A. LOVELLE-PARKER, SAMUEL J. PAPARO, DUSTIN WALLACE. (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order)(Curteman, Dedra) (Entered: 02/17/2023)
2023-02-2214STRICKEN PURSUANT TO MINUTE ORDER ENTERED ON 2/23/2023.....MOTION for Extension of Time to Serve Defendants by CHRISTOPHER L. DERYCK. (Attachments: # 1 Text of Proposed Order, # 2 Exhibit)(O'Brien, Brett) Modified on 2/24/2023 (hmc). (Entered: 02/22/2023)
2023-02-2215MOTION to Withdraw motion re 14 MOTION for Extension of Time to Serve Defendants by CHRISTOPHER L. DERYCK. (O'Brien, Brett) Modified event on 2/28/2023 (znmw). (Entered: 02/22/2023)
2023-02-2216MOTION for Extension of Time to Extend Time to Serve Defendants by CHRISTOPHER L. DERYCK. (Attachments: # 1 Text of Proposed Order, # 2 Exhibit)(O'Brien, Brett) (Entered: 02/22/2023)
2023-02-23MINUTE ORDER GRANTING the 15 Motion to Withdraw Motion. The Clerk shall strike 14 Motion for Extension of Time from the docket. Plaintiff's 16 Motion for Extension of Time is GRANTED in part and DENIED in part. Plaintiff shall have until March 8, 2023, to perfect service of the Defendants, and Plaintiff shall file his response to the Government's 13 Motion to Dismiss on or before March 8, 2023. SO ORDERED. Signed by Judge Trevor N. McFadden on 2/23/2023. (Entered: 02/23/2023)
2023-03-0817RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 3/01/2023. (O'Brien, Brett) (Entered: 03/08/2023)
2023-03-0818RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 3/2/2023. Answer due for ALL FEDERAL DEFENDANTS by 4/1/2023. (O'Brien, Brett) (Entered: 03/08/2023)
2023-03-0819RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. DEFENSE COUNTERINTELLIGENCE AND SECURITY AGENCY served on 3/7/2023 (O'Brien, Brett) (Entered: 03/08/2023)
2023-03-0820RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. DARLENE A. LOVELLE-PARKER served on 3/7/2023 (O'Brien, Brett) (Entered: 03/08/2023)
2023-03-0821RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. SAMUEL J. PAPARO served on 3/7/2023 (O'Brien, Brett) (Entered: 03/08/2023)
2023-03-0822RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. DUSTIN WALLACE served on 3/7/2023 (O'Brien, Brett) (Entered: 03/08/2023)
2023-03-0823RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. DEPARTMENT OF THE NAVY served on 2/27/2023 (O'Brien, Brett) (Entered: 03/08/2023)
2023-03-0824RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. DEPARTMENT OF DEFENSE served on 2/27/2023 (O'Brien, Brett) (Entered: 03/08/2023)
2023-03-0825RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. JOY F. GREENE served on 3/7/2023 (O'Brien, Brett) (Entered: 03/08/2023)
2023-03-0826Memorandum in opposition to re 13 Motion to Dismiss, filed by CHRISTOPHER L. DERYCK. (Attachments: # 1 Text of Proposed Order)(O'Brien, Brett) (Entered: 03/08/2023)
2023-03-0927MOTION for Extension of Time to File Response/Reply as to 13 MOTION to Dismiss by DEFENSE COUNTERINTELLIGENCE AND SECURITY AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF THE NAVY, JOY F. GREENE, DARLENE A. LOVELLE-PARKER, SAMUEL J. PAPARO, DUSTIN WALLACE. (Attachments: # 1 Text of Proposed Order)(Curteman, Dedra) (Entered: 03/09/2023)
2023-03-0928ERRATA by DEFENSE COUNTERINTELLIGENCE AND SECURITY AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF THE NAVY, JOY F. GREENE, DARLENE A. LOVELLE-PARKER, SAMUEL J. PAPARO, DUSTIN WALLACE re 27 Motion for Extension of Time to File Response/Reply,. (Attachments: # 1 Text of Proposed Order)(Curteman, Dedra) (Entered: 03/09/2023)
2023-03-0929ENTERED IN ERROR.....Memorandum in opposition to re 27 Motion for Extension of Time to File Response/Reply, filed by CHRISTOPHER L. DERYCK. (O'Brien, Brett) Modified on 3/10/2023 (zed). (Entered: 03/09/2023)
2023-03-0930ENTERED IN ERROR.....SUPPLEMENTAL MEMORANDUM to re 27 MOTION for Extension of Time to File Response/Reply as to 13 MOTION to Dismiss filed by CHRISTOPHER L. DERYCK. (Attachments: # 1 Exhibit)(O'Brien, Brett) Modified on 3/10/2023 (zed). (Entered: 03/09/2023)
2023-03-10NOTICE OF ERROR re 26 Memorandum in Opposition; emailed to brett@nationalsecuritylawfirm.com, cc'd 2 associated attorneys -- The PDF file you docketed contained errors: 1. Please note the following deficiency and file/refile document as ins (Entered: 03/10/2023)
2023-03-10NOTICE OF ERROR regarding 29 Memorandum in Opposition, 30 Supplemental Memorandum,. The following error(s) need correction: Incorrect format (Letter)- correspondence is not permitted (LCvR 5.1(a)). Please refile. (zed) (Entered: 03/10/2023)
2023-03-1031Memorandum in opposition to re 13 Motion to Dismiss, filed by CHRISTOPHER L. DERYCK. (Attachments: # 1 Errata)(O'Brien, Brett) (Entered: 03/10/2023)
2023-03-10MINUTE ORDER granting in part the 27 28 Motion for Extension of Time. The Government shall file its Reply on or before March 22, 2023. SO ORDERED. Signed by Judge Trevor N. McFadden on 3/10/2023. (lctnm3) (Entered: 03/10/2023)
2023-03-13Set/Reset Deadlines: Government's reply due by 3/22/2023. (hmc) (Entered: 03/13/2023)
2023-03-1332RESPONSE re 27 MOTION for Extension of Time to File Response/Reply as to 13 MOTION to Dismiss filed by CHRISTOPHER L. DERYCK. (Attachments: # 1 Errata, # 2 Exhibit, # 3 Text of Proposed Order)(O'Brien, Brett) (Entered: 03/13/2023)
2023-03-1433NOTICE OF SUBSTITUTION OF COUNSEL by Brian J. Levy on behalf of DEFENSE COUNTERINTELLIGENCE AND SECURITY AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF THE NAVY, JOY F. GREENE, DARLENE A. LOVELLE-PARKER, SAMUEL J. PAPARO, DUSTIN WALLACE Substituting for attorney Dedra S. Curteman (Levy, Brian) (Entered: 03/14/2023)
2023-03-2234REPLY to opposition to motion re 13 MOTION to Dismiss filed by DEFENSE COUNTERINTELLIGENCE AND SECURITY AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF THE NAVY, JOY F. GREENE, DARLENE A. LOVELLE-PARKER, SAMUEL J. PAPARO, DUSTIN WALLACE. (Levy, Brian) (Entered: 03/22/2023)
2023-05-0835MEMORANDUM ORDER re Defendants' 13 Motion to Dismiss. See attached Order for details. Signed by Judge Trevor N. McFadden on 5/8/2023. (lctnm3) (Entered: 05/08/2023)
2023-06-0736ANSWER to Complaint by DEFENSE COUNTERINTELLIGENCE AND SECURITY AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF THE NAVY.(Levy, Brian) (Entered: 06/07/2023)
2023-06-07MINUTE ORDER. Before the Court are a Complaint and an Answer in this FOIA case. It is hereby ORDERED that the parties shall meet and confer and file a Joint Status Report proposing a schedule for proceeding in this matter. The schedule should address, among other things, the status of Plaintiff's FOIA request, the anticipated number of documents responsive to Plaintiff's FOIA request, the anticipated date(s) for release of the documents requested by Plaintiff, whether a motion for an Open America stay is likely in this case, whether a Vaughn index will be required in this case, and a briefing schedule for dispositive motions, if required. The parties shall file the schedule on or before August 7, 2023. SO ORDERED. Signed by Judge Trevor N. McFadden on 6/7/2023. (lctnm3) (Entered: 06/07/2023)
2023-06-08Set/Reset Deadlines: Joint Status Report due by 8/7/2023. (hmc) (Entered: 06/08/2023)
2023-08-0737Joint STATUS REPORT by DEFENSE COUNTERINTELLIGENCE AND SECURITY AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF THE NAVY. (Attachments: # 1 Text of Proposed Order)(Levy, Brian) (Entered: 08/07/2023)
2023-08-08MINUTE ORDER: Having considered the 37 Joint Status Report, the Court ORDERS that the parties file another JSR no later than September 8, 2023, updating the Court on the status of this case and proposing a briefing schedule, if necessary. SO ORDERED. Signed by Judge Trevor N. McFadden on 8/8/2023. (lctnm3) (Entered: 08/08/2023)
2023-09-0838Joint STATUS REPORT by DEFENSE COUNTERINTELLIGENCE AND SECURITY AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF THE NAVY. (Attachments: # 1 Text of Proposed Order)(Levy, Brian) (Entered: 09/08/2023)
2023-09-08MINUTE ORDER: Having considered the parties' 38 Joint Status Report, the Court ORDERS the parties to file another JSR on or before October 10, 2023, updating the Court on the status of this case. SO ORDERED. Signed by Judge Trevor N. McFadden on 9/8/2023. (lctnm3) (Entered: 09/08/2023)
2023-10-1139Consent MOTION for Extension of Time to File Joint Status Report by DEFENSE COUNTERINTELLIGENCE AND SECURITY AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF THE NAVY. (Attachments: # 1 Text of Proposed Order)(Levy, Brian) (Entered: 10/11/2023)
2023-10-1140Joint STATUS REPORT by DEFENSE COUNTERINTELLIGENCE AND SECURITY AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF THE NAVY. (Attachments: # 1 Text of Proposed Order)(Levy, Brian) (Entered: 10/11/2023)
2023-10-11MINUTE ORDER: The Court ORDERS that Defendants' 39 Motion for Extension of Time is GRANTED. The late-submitted 40 Joint Status Report shall be considered timely. SO ORDERED. Signed by Judge Trevor N. McFadden on 10/11/2023. (lctnm3) (Entered: 10/11/2023)
2023-10-11MINUTE ORDER: Having considered the parties' 40 Joint Status Report, the Court ORDERS the parties to submit an additional JSR on or before November 9, 2023. SO ORDERED. Signed by Judge Trevor N. McFadden on 10/11/2023. (lctnm3) (Entered: 10/11/2023)
2023-11-0941Joint STATUS REPORT by DEFENSE COUNTERINTELLIGENCE AND SECURITY AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF THE NAVY. (Attachments: # 1 Text of Proposed Order)(Levy, Brian) (Entered: 11/09/2023)
2023-11-10MINUTE ORDER: Having considered the 41 Joint Status Report, the Court ORDERS the parties' counsel to meet and confer, in person, on the scope of the remaining issues in dispute in this case. The Court FURTHER ORDERS the parties to then submit another JSR on or before November 27, 2023, proposing a briefing schedule for summary judgment motions in this case, and certifying that the required conference occurred. SO ORDERED. Signed by Judge Trevor N. McFadden on 11/10/2023. (lctnm3) (Entered: 11/10/2023)
2023-11-2742Joint MOTION for Briefing Schedule and Status Report by DEFENSE COUNTERINTELLIGENCE AND SECURITY AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF THE NAVY. (Attachments: # 1 Text of Proposed Order)(Levy, Brian) (Entered: 11/27/2023)
2023-11-29MINUTE ORDER: The Court ORDERS that the following briefing schedule shall apply in this case: Defendant's Motion for Summary Judgment, if any, shall be filed on or before January 8, 2024. Plaintiff's Opposition and any cross-Motion for Summary Judgment shall be filed on or before February 5, 2024. Defendant's Reply in support of its Motion for Summary Judgment and Opposition to Plaintiff's cross-Motion for Summary Judgment shall be filed on or before March 4, 2024. Plaintiff's Reply in support of its cross-Motion for Summary Judgment shall be filed on or before April 1, 2024. SO ORDERED. Signed by Judge Trevor N. McFadden on 11/29/2023. (lctnm3) (Entered: 11/29/2023)
2023-11-29Set/Reset Deadlines: Cross Motion due by 2/5/2024. Response to Cross Motions due by 3/4/2024. Reply to Cross Motions due by 4/1/2024. (hmc) (Entered: 11/29/2023)
2023-12-2943MOTION to Modify Briefing Schedule by DEFENSE COUNTERINTELLIGENCE AND SECURITY AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF THE NAVY. (Attachments: # 1 Declaration, # 2 Text of Proposed Order)(Levy, Brian) (Entered: 12/29/2023)
2024-01-02MINUTE ORDER: The Court ORDERS that Defendants' 43 Motion for Extension of Time is GRANTED. Defendants' Motion for Summary Judgment shall be filed on or before February 19, 2024. Plaintiffs' Opposition to that motion, and any cross-Motion for Summary Judgment shall be filed on or before March 18, 2024. Defendants' Reply in support of their motion and their Opposition to any cross-motion shall be filed on or before April 15, 2024. And Plaintiff's Reply in support of his cross-motion shall be filed on or before May 13, 2024. Although the Court recognizes that Plaintiff has consented only to an extension of one week, the Court grants Defendants' motion in full because of the averments in agency counsel's declaration. Further extensions of time will be strongly disfavored. SO ORDERED. Signed by Judge Trevor N. McFadden on 1/2/2024. (lctnm3) (Entered: 01/02/2024)
2024-02-1544MOTION to Modify Briefing Schedule by DEFENSE COUNTERINTELLIGENCE AND SECURITY AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF THE NAVY. (Attachments: # 1 Declaration, # 2 Text of Proposed Order)(Levy, Brian) (Entered: 02/15/2024)
2024-02-1545NOTICE of Plaintiff's Consent to Motion to Modify by DEFENSE COUNTERINTELLIGENCE AND SECURITY AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF THE NAVY re 44 Motion to Modify (Levy, Brian) (Entered: 02/15/2024)
2024-02-16MINUTE ORDER: The Court ORDERS that the 44 Motion for Extension of Time is DENIED. The Court previously stated that "[f]urther extensions of time will be strongly disfavored." Jan. 2, 2024 Minute Order. Counsel has identified no facts overcoming that strong disfavor in light of the extensions already granted in this case. More, Counsel failed to comply with Standing Order 9(A) or to explain why that order could not be adhered to with reasonable due diligence. SO ORDERED. Signed by Judge Trevor N. McFadden on 2/16/2024. (lctnm3) (Entered: 02/16/2024)
2024-02-1946MOTION for Summary Judgment by DEFENSE COUNTERINTELLIGENCE AND SECURITY AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF THE NAVY. (Attachments: # 1 Memorandum in Support, # 2 Declaration Alleman, # 3 Exhibit Alleman Vaughn Index, # 4 Declaration Greene, # 5 Exhibit Greene Vaughn Index, # 6 Declaration Seidel, # 7 Declaration Wallace, # 8 Exhibit Wallace Ex A, # 9 Exhibit Wallace Ex B, # 10 Exhibit Wallace Vaughn, # 11 Statement of Facts, # 12 Text of Proposed Order)(Levy, Brian) (Entered: 02/19/2024)
2024-03-1847RESPONSE re 46 MOTION for Summary Judgment filed by CHRISTOPHER L. DERYCK. (Attachments: # 1 Statement of Facts, # 2 Exhibit)(O'Brien, Brett) (Entered: 03/18/2024)
2024-04-1548REPLY to opposition to motion re 46 MOTION for Summary Judgment and Opposition to 47 Plaintiff's Memorandum of Points and Authorities filed by DEFENSE COUNTERINTELLIGENCE AND SECURITY AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF THE NAVY. (Attachments: # 1 Declaration Warning, # 2 Exhibit Warning Decl. Ex. A, # 3 Exhibit Warning Decl. Ex. B, # 4 Declaration Landreaux, # 5 Statement of Facts, # 6 Text of Proposed Order)(Levy, Brian) (Entered: 04/15/2024)
2024-05-0849SUPPLEMENTAL MEMORANDUM to re 46 MOTION for Summary Judgment filed by CHRISTOPHER L. DERYCK. (Attachments: # 1 Text of Proposed Order)(O'Brien, Brett) (Entered: 05/08/2024)
2024-05-1650MOTION for Leave to File Surreply by DEFENSE COUNTERINTELLIGENCE AND SECURITY AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF THE NAVY. (Attachments: # 1 Exhibit Proposed Surreply, # 2 Text of Proposed Order)(Levy, Brian) (Entered: 05/16/2024)
2024-05-2251Memorandum in opposition to re 50 Motion for Leave to File Sur-Reply filed by CHRISTOPHER L. DERYCK. (O'Brien, Brett) (Entered: 05/22/2024)
2024-05-2252NOTICE of Proposed Order by CHRISTOPHER L. DERYCK re 51 Memorandum in Opposition. (O'Brien, Brett) Modified event on 5/22/2024 (mg). (Entered: 05/22/2024)
2024-05-2453REPLY to opposition to motion re 50 MOTION for Leave to File Surreply filed by DEFENSE COUNTERINTELLIGENCE AND SECURITY AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF THE NAVY. (Levy, Brian) (Entered: 05/24/2024)
2024-09-2054MEMORANDUM OPINION on Defendants' 46 Motion for Summary Judgment and Plaintiff's 47 Cross-Motion for Summary Judgment. See the attached Memorandum Opinion for details. Signed by Judge Trevor N. McFadden on 09/20/2024. (lctnm1) (Entered: 09/20/2024)
2024-09-2055ORDER granting Defendants' 46 Motion for Summary Judgment and denying Plaintiff's 47 Cross-Motion for Summary Judgment. See the attached Order for details. Signed by Judge Trevor N. McFadden on 09/20/2024. (lctnm1) (Entered: 09/20/2024)
2024-09-20MINUTE ORDER: The Court GRANTS Defendants' 50 Motion for Leave to File a Surreply. But the Court finds that Plaintiff's request for "attorney's fees is premature and improperly raised." Walker v. Donovan, No. 19-cv-3784, 2023 WL 2734216, at *10 (D.D.C. Mar. 31, 2023). If the parties still wish to address the issue of fees, they may do so only after they meet and confer and file the proper motion. SO ORDERED. Signed by Judge Trevor N. McFadden on 09/20/2024. (lctnm1) (Entered: 09/20/2024)
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