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Case TitleFlora et al v. Department of the Army
DistrictEastern District of Virginia
CityAlexandria
Case Number1:2023cv00760
Date Filed2023-06-12
Date Closed2023-11-13
JudgeDistrict Judge T. S. Ellis, III
PlaintiffFrancine Jupiter
PlaintiffShana Flora
Case DescriptionShana Flora and Francine Jupiter submitted FOIA requests to the Department of Army for records. Flora requested the current year's OER support forms for all subordinate chaplain corps officers residing on Fort Belvoir. The agency acknowledged receipt of the request. Jupiter requested records concerning a specific solicitation number. The agency acknowledged receipt of her request. After hearing nothing further from either request, Flora and Jupiter filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantDepartment of the Army
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2023-06-121Complaint Flora&Jupiter ( Filing fee $ 402, receipt number AVAEDC-8976951.), filed by Shana Flora. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit)(Jupiter, Jay) (Entered: 06/12/2023)
2023-06-122Proposed Summons re 1 Complaint Ft. Belvoir by Shana Flora. (Jupiter, Jay) (Entered: 06/12/2023)
2023-06-123Proposed Summons re 1 Complaint USA by Shana Flora. (Jupiter, Jay) (Entered: 06/12/2023)
2023-06-124Proposed Summons Redstone by Shana Flora. (Jupiter, Jay) (Entered: 06/12/2023)
2023-06-12Initial Case Assignment to District Judge T. S. Ellis, III and Magistrate Judge William E. Fitzpatrick. (swil) (Entered: 06/14/2023)
2023-06-135Proposed Summons Redstone by Shana Flora. (Jupiter, Jay) (Entered: 06/13/2023)
2023-06-136Proposed Summons AttyG by Shana Flora. (Jupiter, Jay) (Entered: 06/13/2023)
2023-06-137Civil Cover Sheet by Shana Flora. (Jupiter, Jay) (Entered: 06/13/2023)
2023-06-148Summons Issued as to Department of the Army, U.S. Attorney and U.S. Attorney General NOTICE TO ATTORNEY: Please remove the headers and print two duplexed copies of the electronically issued summons for each Defendant. Please serve one copy of the summons and a copy of the Complaint upon each Defendant. Please ensure that your process server returns the service copy (executed or unexecuted) to your attention and electronically file it using the filing events, Summons Returned Executed as to USA or Summons Returned Unexecuted as to USA. (Attachments: # 1 Summons Notice)(swil) (Entered: 06/14/2023)
2023-06-279Certificate Reporting Service by Shana Flora. Department of the Army served on 6/20/2023, answer due 8/21/2023. (Attachments: # 1 Exhibit USPS Tracking, # 2 Exhibit USPS Mail Receipt)(Jupiter, Jay) (Entered: 06/27/2023)
2023-06-2710Certificate Reporting Service by Shana Flora. (Attachments: # 1 Exhibit USPS Tracking)(Jupiter, Jay) (Entered: 06/27/2023)
2023-06-2711Certificate Reporting Service by Shana Flora. (Attachments: # 1 Exhibit USPS Tracking)(Jupiter, Jay) (Entered: 06/27/2023)
2023-07-1112NOTICE of Appearance by Matthew J. Mezger on behalf of Department of the Army (Mezger, Matthew) (Entered: 07/11/2023)
2023-07-1113Certificate Reporting Service by Department of the Army. All Defendants. (Mezger, Matthew) (Entered: 07/11/2023)
2023-07-1114Consent MOTION for Extension of Time to File Response/Reply as to 1 Complaint by Department of the Army. (Attachments: # 1 Proposed Order)(Mezger, Matthew) (Entered: 07/11/2023)
2023-07-1215ORDERED that the motion is GRANTED; and it is further ORDERED that Defendant's time to respond to the Complaint is extended to August 16, 2023 in re 14 Consent MOTION for Extension of Time to File Response/Reply. Signed by Magistrate Judge William E. Fitzpatrick on 7/12/2023. (swil) (Entered: 07/13/2023)
2023-08-1616ANSWER to Complaint by Department of the Army.(Mezger, Matthew) (Entered: 08/16/2023)
2023-08-1717**VACATED PURSUANT TO ECF 25 ** SCHEDULING ORDER: Initial Pretrial Conference set for 9/20/2023 at 11:00 AM in Alexandria Courtroom 500 before Magistrate Judge William E. Fitzpatrick. Discovery due by 2/16/2024. Final Pretrial Conference set for 3/21/2024 at 04:00 PM in Alexandria Courtroom 900 before District Judge T. S. Ellis III (If the parties do not file dispositive motions). Final Pretrial Conference set for 5/23/2024 at 04:00 PM in Alexandria Courtroom 900 before District Judge T. S. Ellis III (If the parties do file dispositive motions). Signed by District Judge T. S. Ellis, III on 8/17/2023. (Attachments: # 1 Magistrate Consent Form, # 2 Pretrial Notice) (tran) Modified docket text on 11/14/2023 (tran). (Entered: 08/17/2023)
2023-08-2418MOTION to Vacate 17 Scheduling Order,, by Department of the Army. (Attachments: # 1 Proposed Order)(Mezger, Matthew) (Entered: 08/24/2023)
2023-08-2419Memorandum in Support re 18 MOTION to Vacate 17 Scheduling Order,, filed by Department of the Army. (Attachments: # 1 Exhibit DEX 1)(Mezger, Matthew) (Entered: 08/24/2023)
2023-08-2420Notice of Hearing Date re 19 Memorandum in Support, 18 MOTION to Vacate 17 Scheduling Order,, (Mezger, Matthew) (Entered: 08/24/2023)
2023-08-25Set Deadline as to 18 MOTION to Vacate 17 Scheduling Order. Motion Hearing set for 9/15/2023 at 10:00 AM in Alexandria Courtroom 900 before District Judge T. S. Ellis III. (wgar, ) (Entered: 08/25/2023)
2023-09-0521Memorandum in Opposition re 18 MOTION to Vacate 17 Scheduling Order,, filed by Shana Flora. (Attachments: # 1 Exhibit Motion, # 2 Proposed Order, # 3 Exhibit)(Jupiter, Jay) (Entered: 09/05/2023)
2023-09-0822REPLY to Response to Motion re 18 MOTION to Vacate 17 Scheduling Order,, filed by Department of the Army. (Attachments: # 1 Exhibit DEX 2)(Mezger, Matthew) (Entered: 09/08/2023)
2023-09-1323Proposed Joint Discovery Plan by Department of the Army.(Mezger, Matthew) (Entered: 09/13/2023)
2023-09-1524Minute Entry for proceedings held before District Judge T. S. Ellis, III: Motion Hearing held on 9/15/2023 re 18 MOTION to Vacate 17 Scheduling Order, filed by Department of the Army Jay Jupiter appeared on behalf of the plaintiff. Matthew Mezger appeared on behalf of the defendant. Matter argued. Court to issue an order vacating the scheduling order 17 . Defendant's briefs due October 3, 2023, with Responses governed by the rules, and Summary Judgment Hearing set for 11/3/2023 at 02:00 PM in Alexandria Courtroom 900 before District Judge T. S. Ellis III. Order to follow. Court Reporter: T. Harris (tran) (Entered: 09/15/2023)
2023-09-1525ORDERED that Defendant's Motion is GRANTED and the Court's initial scheduling order 18 is VACATED . It is further ORDERED that the parties shall file any motions for summary judgment by October 3, 2023 . The briefing schedule will proceed according to Local rule 7. Oral argument will be held, if necessary, on November 3, 2023 at 2:00 pm . Signed by District Judge T. S. Ellis, III on 9/15/2023. (tran) Modified docket text on 11/14/2023 (tran). (Entered: 09/15/2023)
2023-10-0226MOTION for Summary Judgment by Department of the Army. (Mezger, Matthew) (Entered: 10/02/2023)
2023-10-0227Memorandum in Support re 26 MOTION for Summary Judgment filed by Department of the Army. (Attachments: # 1 Exhibit DEX 1, # 2 Exhibit DEX 2, # 3 Exhibit DEX 3, # 4 Exhibit DEX 4, # 5 Exhibit DEX 5, # 6 Exhibit DEX 6, # 7 Exhibit DEX 7, # 8 Exhibit DEX 8, # 9 Exhibit DEX 9, # 10 Exhibit DEX 10, # 11 Exhibit DEX 11, # 12 Exhibit DEX 12, # 13 Exhibit DEX 13, # 14 Exhibit DEX 14)(Mezger, Matthew) (Entered: 10/02/2023)
2023-10-0228Notice of Hearing Date re 27 Memorandum in Support, 26 MOTION for Summary Judgment (Mezger, Matthew) (Entered: 10/02/2023)
2023-10-02Set Deadline as to 26 MOTION for Summary Judgment. Motion Hearing set for 11/3/2023 at 10:00 AM in Alexandria Courtroom 900 before District Judge T. S. Ellis III. (jlan) (Entered: 10/02/2023)
2023-10-1329Memorandum in Opposition re 26 MOTION for Summary Judgment filed by Shana Flora. (Attachments: # 1 Exhibit Exhibits)(Jupiter, Jay) (Entered: 10/13/2023)
2023-10-1330Memorandum in Opposition re 26 MOTION for Summary Judgment filed by Francine Jupiter. (Jupiter, Jay) (Entered: 10/13/2023)
2023-10-1931REPLY to Response to Motion re 26 MOTION for Summary Judgment filed by Department of the Army. (Attachments: # 1 Exhibit DEX 15)(Mezger, Matthew) (Entered: 10/19/2023)
2023-10-20Reset Deadlines as to 26 MOTION for Summary Judgment . Motion Hearing reset for 11/3/2023 at 02:00 PM in Alexandria Courtroom 900 before District Judge T. S. Ellis III. (tran) (Entered: 10/20/2023)
2023-11-0332Minute Entry for proceedings held before District Judge T. S. Ellis, III: Motion Hearing held on 11/3/2023 re 26 MOTION for Summary Judgment filed by Department of the Army. Jay Jupiter appeared on behalf of the plaintiff. Matthew Mezger appeared on behalf of the defendant. Matter argued. 26 Motion -GRANTED. Court will further sever the case plaintiff has joint and will review in camera unredacted exhibit 14. Defendant to submit ex parte under seal exhibit 14 for court to review. Order to follow. Court Reporter: T. Harris (tran) (Entered: 11/03/2023)
2023-11-0333ORDERED that defendant's motion for summary judgment 26 is GRANTED IN PART and Plaintiff Jupiter's case is DISMISSED . It is further ORDERED that the government is DIRECTED to provide an unredacted copy of the OER support forms, Gov't Exhibit 14, for an in-camera review by the Court by Monday, November 13, 2023 at 5:00 pm . Signed by District Judge T. S. Ellis, III on 11/3/2023. (tran) (Entered: 11/03/2023)
2023-11-0734NOTICE by Department of the Army re 33 Order on Motion for Summary Judgment, of Ex Parte Delivery of Defendant's Exhibit 14 (Mezger, Matthew) (Entered: 11/07/2023)
2023-11-1335ORDERED that the Army's motion for summary judgment 26 is GRANTED . Signed by District Judge T. S. Ellis, III on 11/13/2023. (tran) (Entered: 11/14/2023)
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