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Case TitleHALEEM v. DEPARTMENT OF DEFENSE et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2023cv01471
Date Filed2023-05-23
Date Closed2024-12-19
JudgeChief Judge James E. Boasberg
PlaintiffDEEN HALEEM
Case DescriptionDeen Haleem submitted FOIA requests to the Department of Defense and the Department of Justice for records concerning the withdrawal of his security clearance. He received records from some of the agencies to which he sent FOIA requests but he was dissatisfied and filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantDEPARTMENT OF DEFENSE
DefendantDEPARTMENT OF JUSTICE
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
Opinion/Order [18]
Opinion/Order [23]
Opinion/Order [40]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2023-05-231COMPLAINT DEEN HALEEM against All Defendants DEPARTMENT OF DEFENSE, et al ( Filing fee $ 402 receipt number ADCDC-10088540) filed by DEEN HALEEM. (Attachments: # 1 Exhibit, # 2 Civil Cover Sheet, # 3 Summons, # 4 Summons, # 5 Summons, # 6 Summons)(O'Brien, Brett) (Entered: 05/23/2023)
2023-05-24Case Assigned to Judge Colleen Kollar-Kotelly. (zcb) (Entered: 05/24/2023)
2023-05-242SUMMONS (4) Issued Electronically as to DEPARTMENT OF DEFENSE, DEPARTMENT OF JUSTICE, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(zcb) (Entered: 05/24/2023)
2023-06-213NOTICE of Appearance by Brenda A. Gonzalez Horowitz on behalf of All Defendants (Gonzalez Horowitz, Brenda) (Entered: 06/21/2023)
2023-06-224NOTICE OF RELATED CASE by DEPARTMENT OF DEFENSE, DEPARTMENT OF JUSTICE. Case related to Case No. 22-3021 (JEB). (Gonzalez Horowitz, Brenda) (Entered: 06/22/2023)
2023-06-225Unopposed MOTION for Extension of Time to File Response to Plaintiff's Complaint by DEPARTMENT OF DEFENSE, DEPARTMENT OF JUSTICE. (Gonzalez Horowitz, Brenda) (Entered: 06/22/2023)
2023-07-066Case directly reassigned to Chief Judge James E. Boasberg by consent. Judge Colleen Kollar-Kotelly is no longer assigned to the case. (ztnr) (Entered: 07/06/2023)
2023-07-06MINUTE ORDER: The Court ORDERS that: 1) The Unopposed 5 Motion for Extension of Time is GRANTED; and 2) Defendants shall file their Answer or otherwise respond to Plaintiff's Complaint by August 10, 2023. So ORDERED by Chief Judge James E. Boasberg on 7/6/2023. (lcjeb3) (Entered: 07/06/2023)
2023-07-06Set/Reset Deadlines: Answer due by 8/10/2023. (nbn) (Entered: 07/07/2023)
2023-08-097RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 05/31/2023. (O'Brien, Brett) (Entered: 08/09/2023)
2023-08-098RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. DEPARTMENT OF DEFENSE served on 5/31/2023 (O'Brien, Brett) (Entered: 08/09/2023)
2023-08-099RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. DEPARTMENT OF JUSTICE served on 5/31/2023 (O'Brien, Brett) (Entered: 08/09/2023)
2023-08-1010Unopposed MOTION for Extension of Time to File Response to Plaintiff's Complaint by DEPARTMENT OF DEFENSE, DEPARTMENT OF JUSTICE. (Gonzalez Horowitz, Brenda) (Entered: 08/10/2023)
2023-08-10MINUTE ORDER: The Court ORDERS that: 1) The Unopposed 10 Motion for Extension of Time is GRANTED; and 2) Defendants shall file their Answer or otherwise respond to Plaintiff's Complaint by August 16, 2023. So ORDERED by Chief Judge James E. Boasberg on 08/10/2023. (lcjeb3) (Entered: 08/10/2023)
2023-08-10Set/Reset Deadlines: Answer due by 8/16/2023. (nbn) (Entered: 08/15/2023)
2023-08-1611MOTION to Dismiss Plaintiff's Complaint by DEPARTMENT OF DEFENSE, DEPARTMENT OF JUSTICE. (Attachments: # 1 Memorandum in Support, # 2 Exhibit 1, DCSA April 21, 2023, Letter, # 3 Exhibit 2, OIP April 14, 2023, Letter, # 4 Text of Proposed Order)(Gonzalez Horowitz, Brenda) (Entered: 08/16/2023)
2023-08-1712Consent MOTION for Extension of Time to File Response/Reply as to 11 MOTION to Dismiss Plaintiff's Complaint by DEEN HALEEM. (Attachments: # 1 Text of Proposed Order)(O'Brien, Brett) (Entered: 08/17/2023)
2023-08-18MINUTE ORDER: The Court ORDERS that: 1) The Consent 12 Motion for Extension of Time is GRANTED; and 2) Plaintiff shall respond to Defendants' 11 Motion to Dismiss by September 29, 2023. So ORDERED by Chief Judge James E. Boasberg on 08/18/2023. (lcjeb3) (Entered: 08/18/2023)
2023-08-18Set/Reset Deadlines: Responses due by 9/29/2023. (nbn) (Entered: 08/18/2023)
2023-09-2613Consent MOTION for Extension of Time to Extend Time to Reply/File by DEEN HALEEM. (Attachments: # 1 Text of Proposed Order)(O'Brien, Brett) (Entered: 09/26/2023)
2023-09-26MINUTE ORDER: The Court ORDERS that: 1) The Consent 13 Motion for Extension of Time is GRANTED; and 2) Plaintiff shall respond to Defendants' 11 Motion to Dismiss by October 13, 2023. So ORDERED by Chief Judge James E. Boasberg on 09/26/2023. (lcjeb3) (Entered: 09/26/2023)
2023-09-26Set/Reset Deadlines: Responses due by 10/13/2023. (nbn) (Entered: 09/26/2023)
2023-10-1314RESPONSE re 11 MOTION to Dismiss Plaintiff's Complaint filed by DEEN HALEEM. (Attachments: # 1 Exhibit, # 2 Text of Proposed Order)(O'Brien, Brett) (Entered: 10/13/2023)
2023-10-1715Unopposed MOTION for Extension of Time to File Reply in Support of Defendants' Motion to Dismiss by DEPARTMENT OF DEFENSE, DEPARTMENT OF JUSTICE. (Gonzalez Horowitz, Brenda) (Entered: 10/17/2023)
2023-10-17MINUTE ORDER: The Court ORDERS that: 1) The Unopposed 15 Motion for Extension of Time is GRANTED; and 2) Defendants shall file their Reply in support of their 11 Motion to Dismiss by November 20, 2023. So ORDERED by Chief Judge James E. Boasberg on 10/17/2023. (lcjeb3) (Entered: 10/17/2023)
2023-10-17Set/Reset Deadlines: Replies due by 11/20/2023. (znbn) (Entered: 10/19/2023)
2023-11-2016REPLY to opposition to motion re 11 MOTION to Dismiss Plaintiff's Complaint filed by DEPARTMENT OF DEFENSE, DEPARTMENT OF JUSTICE. (Gonzalez Horowitz, Brenda) (Entered: 11/20/2023)
2024-01-2217ORDER: For the reasons set forth in the accompanying Memorandum Opinion, the Court ORDERS that: 1) Defendants' 11 Motion to Dismiss is GRANTED IN PART and DENIED IN PART; 2) All claims against the Department of Justice are DISMISSED WITHOUT PREJUDICE; 3) All claims against the Department of Defense, except the claims that (a) the Army Intelligence and Security Command's denial of Plaintiff's 2023 request violated the Privacy Act, (b) the U.S. Army Reserve Command's failure to respond to his 2022 request violated the Freedom of Information Act, and (c) the Army Intelligence and Security Command's denial of his 2023 request violated the Freedom of Information Act, are DISMISSED WITHOUT PREJUDICE; and 4) The Department of Defense shall file its Answer by February 5, 2024. Signed by Chief Judge James E. Boasberg on 1/22/2024. (lcjeb4) (Entered: 01/22/2024)
2024-01-2218MEMORANDUM OPINION re: Order 17 on Motion to Dismiss. Signed by Chief Judge James E. Boasberg on 1/22/2024. (lcjeb4) (Entered: 01/22/2024)
2024-01-22Set/Reset Deadlines: Answer due by 2/5/2024. (znbn) (Entered: 01/22/2024)
2024-02-0219MOTION to Amend/Correct Complaint by DEEN HALEEM. (Attachments: # 1 Exhibit, # 2 Errata, # 3 Text of Proposed Order)(O'Brien, Brett) (Entered: 02/02/2024)
2024-02-0220RESPONSE re 19 MOTION to Amend/Correct Complaint filed by DEPARTMENT OF DEFENSE. (Gonzalez Horowitz, Brenda) (Entered: 02/02/2024)
2024-02-1621Memorandum in opposition to re 19 Motion to Amend/Correct filed by DEPARTMENT OF DEFENSE. (Gonzalez Horowitz, Brenda) (Entered: 02/16/2024)
2024-03-2922ORDER: For the reasons set forth in the accompanying Memorandum Opinion, the Court ORDERS that Plaintiff's 19 Motion to Amend is DENIED. Signed by Chief Judge James E. Boasberg on 3/29/2024. (lcjeb3) (Entered: 03/29/2024)
2024-03-2923MEMORANDUM OPINION re. Order 22 on Motion to Amend. Signed by Chief Judge James E. Boasberg on 3/29/2024. (lcjeb3) (Entered: 03/29/2024)
2024-04-1224ANSWER to Complaint by DEPARTMENT OF DEFENSE.(Gonzalez Horowitz, Brenda) (Entered: 04/12/2024)
2024-04-15MINUTE ORDER: The Court ORDERS that the parties shall confer and submit a joint proposed briefing schedule by April 24, 2024. So ORDERED by Chief Judge James E. Boasberg on 4/15/2024. (lcjeb3) (Entered: 04/15/2024)
2024-04-15Set/Reset Deadlines: Joint Status Report due by 4/24/2024. (znbn) (Entered: 04/15/2024)
2024-04-2425Joint STATUS REPORT by DEPARTMENT OF DEFENSE. (Gonzalez Horowitz, Brenda) (Entered: 04/24/2024)
2024-04-25MINUTE ORDER: Having reviewed the parties' 25 Joint Status Report, the Court ORDERS that they shall submit a further JSR with a proposed briefing schedule by May 1, 2024. So ORDERED by Chief Judge James E. Boasberg on 4/25/2024. (lcjeb3) (Entered: 04/25/2024)
2024-04-25Set/Reset Deadlines: Joint Status Report due by 5/1/2024. (znbn) (Entered: 04/25/2024)
2024-05-0126Joint STATUS REPORT by DEPARTMENT OF DEFENSE. (Gonzalez Horowitz, Brenda) (Entered: 05/01/2024)
2024-05-02MINUTE ORDER: The Court ADOPTS Defendant's 26 proposed briefing schedule and ORDERS that: (1) Defendant shall file its Motion for Summary Judgment by July 3, 2024; (2) Plaintiff shall file his Cross-Motion for Summary Judgment and opposition to Defendant's Motion by August 12, 2024; (3) Defendant shall file its Reply in support of its Motion and Opposition to Plaintiff's Cross-Motion by September 9, 2024; and (4) Plaintiff shall file his Reply in support of his Cross-Motion by September 30, 2024. So ORDERED by Chief Judge James E. Boasberg on 5/2/2024. (lcjeb3) (Entered: 05/02/2024)
2024-05-02Set/Reset Deadlines: Defendant shall file its Motion for Summary Judgment by July 3, 2024. Plaintiff shall file his Cross-Motion for Summary Judgment and opposition to Defendant's Motion by August 12, 2024. Defendant shall file its Reply in support of its Motion and Opposition to Plaintiff's Cross-Motion by September 9, 2024. Plaintiff shall file his Reply in support of his Cross-Motion by September 30, 2024. (znbn) (Entered: 05/02/2024)
2024-06-2827MOTION for Extension of Time to File Motion for Summary Judgment by DEPARTMENT OF DEFENSE. (Gonzalez Horowitz, Brenda) (Entered: 06/28/2024)
2024-07-01MINUTE ORDER: The Court ORDERS that Plaintiff shall file any opposition to Defendants' 27 Motion for Extension today. So ORDERED by Chief Judge James E. Boasberg on 7/1/2024. (lcjeb3) Modified to amend due date on 7/1/2024 (znbn). (Entered: 07/01/2024)
2024-07-01Set/Reset Deadlines: Plaintiff shall file any opposition by 7/1/2024. (znbn) (Entered: 07/01/2024)
2024-07-0128RESPONSE re 27 MOTION for Extension of Time to File Motion for Summary Judgment filed by DEEN HALEEM. (Attachments: # 1 Text of Proposed Order)(O'Brien, Brett) (Entered: 07/01/2024)
2024-07-01MINUTE ORDER: The Court ORDERS that: (1) The 27 Motion for Extension of Time is GRANTED; and (2) Defendants shall file their Motion for Summary Judgment by July 15, 2024. So ORDERED by Chief Judge James E. Boasberg on 7/1/2024. (lcjeb3) (Entered: 07/01/2024)
2024-07-01Set/Reset Deadlines: Summary Judgment motions due by 7/15/2024. (znbn) (Entered: 07/01/2024)
2024-07-1529MOTION for Summary Judgment by DEPARTMENT OF DEFENSE. (Attachments: # 1 Statement of Facts, # 2 Declaration of Michael T. Heaton, # 3 INSCOM Vaughn Index, # 4 Declaration of Brandon R. Tegtmeier)(Gonzalez Horowitz, Brenda) (Entered: 07/15/2024)
2024-08-1230Memorandum in opposition to re 29 Motion for Summary Judgment filed by DEEN HALEEM. (Attachments: # 1 Exhibit, # 2 Statement of Facts, # 3 Text of Proposed Order)(O'Brien, Brett) (Entered: 08/12/2024)
2024-08-1231Cross MOTION for Summary Judgment by DEEN HALEEM. (See Docket Entry 30 to view document). (znmw) (Entered: 08/13/2024)
2024-09-0932REPLY to opposition to motion re 29 MOTION for Summary Judgment filed by DEPARTMENT OF DEFENSE. (Attachments: # 1 Supplemental Declaration of Michael Heaton)(Gonzalez Horowitz, Brenda) (Entered: 09/09/2024)
2024-09-0933Memorandum in opposition to re 31 Motion for Summary Judgment filed by DEPARTMENT OF DEFENSE. (Attachments: # 1 Supplemental Declaration of Michael Heaton, # 2 Defendant's Response to Plaintiff's Statement of Facts)(Gonzalez Horowitz, Brenda) (Entered: 09/09/2024)
2024-09-3034REPLY re 31 in support of Plaintiff's Cross Motion for Summary Judgment filed by DEEN HALEEM. (Attachments: # 1 Text of Proposed Order)(O'Brien, Brett) Modified to add link on 10/1/2024 (znmw). (Entered: 09/30/2024)
2024-10-16MINUTE ORDER: The Court ORDERS that Defendant shall provide the disputed 113 pages to the Court for in camera review by October 21, 2024. So ORDERED by Chief Judge James E. Boasberg on October 16, 2024. (lcjeb4) (Entered: 10/16/2024)
2024-10-16Set/Reset Deadlines: In-Camera Submission due by 10/21/2024. (znbn) (Entered: 10/17/2024)
2024-10-2135NOTICE of In Camera Submission by DEPARTMENT OF DEFENSE (Gonzalez Horowitz, Brenda) (Entered: 10/21/2024)
2024-11-15MINUTE ORDER: The Court ORDERS that the parties shall appear via zoom on November 22, 2024, at 11:00 a.m. for an oral argument on their Cross-Motions for Summary Judgment related only to the Privacy Act. So ORDERED by Chief Judge James E. Boasberg on 11/15/2024. (lcjeb4) (Entered: 11/15/2024)
2024-11-22Minute Entry for proceedings held before Chief Judge James E. Boasberg: Motion Hearing held via Zoom on 11/22/2024 re 31 MOTION for Summary Judgment filed by DEEN HALEEM. The Court ORDERS Plaintiff to file a short Brief by 12/4/2024. The Government shall file a Response by 12/11/2024. Motion taken under advisement. (Court Reporter Tammy Nestor) (znbn) (Entered: 11/22/2024)
2024-12-0536MOTION for Order re 31 and 29 Motion for Summary Judgment Plaintiffs Motion in Response to Defendants Incomplete Representation of the Facts filed by DEEN HALEEM. (Attachments: # 1 Exhibit, # 2 Text of Proposed Order)(O'Brien, Brett) Modified event title on 12/5/2024 (znmw). (Entered: 12/05/2024)
2024-12-1137RESPONSE to re 36 MOTION for Order filed by DEPARTMENT OF DEFENSE. (Attachments: # 1 Second Supplemental Declaration of Michael Heaton, # 2 Haleem Correspondence, # 3 Declaration of Crystal Klink, # 4 Declaration of Joy Greene)(Gonzalez Horowitz, Brenda) Modified event title and link on 12/12/2024 (znmw). (Entered: 12/11/2024)
2024-12-1738REPLY to opposition to motion re 36 Motion for Order, Motion in Response to Defendants Incomplete Representation of the Facts filed by DEEN HALEEM. (O'Brien, Brett) (Entered: 12/17/2024)
2024-12-1839ORDER: For the reasons set forth in the accompanying Memorandum Opinion, the Court ORDERS that: 1) Defendants' 29 Motion for Summary Judgment is GRANTED IN PART and DENIED IN PART; 2) Plaintiff's 31 Cross-Motion for Summary Judgment is GRANTED IN PART and DENIED IN PART;VACATED PURSUANT TO THE MINUTE ORDER FILED ON 12/20/2024..... 3) Defendants shall release pages 1 to 4, 9 to 12, and 80 to 88 of the record at issue to Plaintiff by January 2, 2025; and 4) Judgment is otherwise ENTERED in favor of Defendants. Signed by Chief Judge James E. Boasberg on December 18, 2024. (lcjeb4) Modified on 12/20/2024 (znbn). (Entered: 12/18/2024)
2024-12-1840MEMORANDUM OPINION re. Order 39 on Cross-Motions for Summary Judgment. Signed by Chief Judge James E. Boasberg on December 18, 2024. (lcjeb4) (Entered: 12/18/2024)
2024-12-2041Unopposed MOTION for Extension of Time to File Defendant's Motion for Reconsideration and to Vacate the Court's Disclosure Order by DEPARTMENT OF DEFENSE. (Gonzalez Horowitz, Brenda) (Entered: 12/20/2024)
2024-12-20MINUTE ORDER: The Court ORDERS that: 1) The Unopposed 41 Motion for Extension of Time is GRANTED; 2) Defendant shall file its Motion for Reconsideration by January 31, 2025; and the portion of the Court's 39 Order requiring the release of pages is VACATED. So ORDERED by Chief Judge James E. Boasberg on December 20, 2024. (lcjeb3) (Entered: 12/20/2024)
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