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Case TitleHERITAGE FOUNDATION et al v. U.S. DEPARTMENT OF DEFENSE
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2023cv01817
Date Filed2023-06-22
Date ClosedOpen
JudgeJudge Timothy J. Kelly
PlaintiffHERITAGE FOUNDATION
PlaintiffMIKE HOWELL
Case DescriptionThe Heritage Foundation submitted two FOIA requests to the Department of Defense. The first request asked for records held by individuals within the Assistant Secretary of Defense for Health Affairs, Office of Health Resources Management & Policy, Office of Health Readiness, and Office of Health Services Policy & Oversight. The second request asked records within the Health Defense Agency of the Force Health Protection and Readiness Programs and the Health Care Administration. The requests concerned policies on obtaining abortions. The agency acknowledged receipt of the requests but after hearing nothing further from the agency, the Heritage Foundation filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Fees, Litigation - Attorney's fees

DefendantU.S. DEPARTMENT OF DEFENSE
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
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2023-06-221COMPLAINT against U.S. DEPARTMENT OF DEFENSE ( Filing fee $ 402 receipt number ADCDC-10157943) filed by HERITAGE FOUNDATION, MIKE HOWELL. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Exhibit 1, # 6 Exhibit 2, # 7 Exhibit 3, # 8 Exhibit 4)(Dewey, Samuel) (Entered: 06/22/2023)
2023-06-22Case Assigned to Judge Timothy J. Kelly. (zljn) (Entered: 06/22/2023)
2023-06-222SUMMONS (3) Issued Electronically as to All Defendants, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(zljn) (Entered: 06/22/2023)
2023-08-23MINUTE ORDER: The docket reflects that no proof of service has been filed as required by the Federal Rules of Civil Procedure and this Court's Local Civil Rules. See Fed. R. Civ. P. 4( l )(1); LCvR 5.3. Plaintiffs are advised that service must be accomplished consistent with Federal Rule of Civil Procedure 4. Plaintiffs are further advised that, under Federal Rule of Civil Procedure 4(m), they must serve Defendant within 90 days of filing the complaint or show good cause for an extension. Failure to serve Defendant within 90 days--here, by September 20, 2023--or to show good cause for an extension may result in dismissal of this action. Finally, Plaintiffs must comply with the proof-of-service requirement of Federal Rule of Civil Procedure 4( l )(1). Thus, it is hereby ORDERED that, to avoid dismissal of this action, by September 20, 2023, Plaintiffs shall either (1) cause process to be served on Defendant and file proof of service with the Court, or (2) move to enlarge time to serve process and show good cause for failing to serve process timely. Signed by Judge Timothy J. Kelly on 8/23/2023. (lctjk2) (Entered: 08/23/2023)
2023-09-073RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 09-05-2023. (Attachments: # 1 Certified mail receipt)(Jankowski, Roman) (Entered: 09/07/2023)
2023-09-074RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF DEFENSE served on 9/5/2023 (Attachments: # 1 Certified mail receipt)(Jankowski, Roman) (Entered: 09/07/2023)
2023-09-075RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 9/5/2023. Answer due for ALL FEDERAL DEFENDANTS by 10/5/2023. (Attachments: # 1 Certified mail receipt)(Jankowski, Roman) (Entered: 09/07/2023)
2023-10-036NOTICE of Appearance by Bradley Silverman on behalf of U.S. DEPARTMENT OF DEFENSE (Silverman, Bradley) (Entered: 10/03/2023)
2023-10-067ANSWER to Complaint by U.S. DEPARTMENT OF DEFENSE.(Silverman, Bradley) (Entered: 10/06/2023)
2023-10-11MINUTE ORDER: Before the Court in this FOIA case are a complaint and an answer. It is hereby ORDERED that the parties shall meet, confer, and file a joint proposed schedule for briefing or disclosure by November 9, 2023. Signed by Judge Timothy J. Kelly on 10/11/2023. (lctjk2) (Entered: 10/11/2023)
2023-10-11Set/Reset Deadlines: Proposed Briefing Schedule due by 11/9/2023. (zkh) (Entered: 10/11/2023)
2023-11-098Joint STATUS REPORT by U.S. DEPARTMENT OF DEFENSE. (Silverman, Bradley) (Entered: 11/09/2023)
2023-11-13MINUTE ORDER: Upon consideration of the parties' 8 Joint Status Report, it is hereby ORDERED that by January 9, 2024, the parties shall file another joint status report, including, if necessary, a proposed schedule for briefing or disclosure. Signed by Judge Timothy J. Kelly on 11/13/2023. (lctjk2) (Entered: 11/13/2023)
2024-01-099Joint STATUS REPORT by U.S. DEPARTMENT OF DEFENSE. (Silverman, Bradley) (Entered: 01/09/2024)
2024-01-10MINUTE ORDER: Upon consideration of the parties' 9 Joint Status Report, it is hereby ORDERED that by March 11, 2024, the parties shall file another joint status report, including, if necessary, a proposed schedule for briefing or disclosure. Signed by Judge Timothy J. Kelly on 1/10/2024. (lctjk2) (Entered: 01/10/2024)
2024-03-1110Joint STATUS REPORT by U.S. DEPARTMENT OF DEFENSE. (Silverman, Bradley) (Entered: 03/11/2024)
2024-03-12MINUTE ORDER: Upon consideration of the parties' 10 Joint Status Report, it is hereby ORDERED that by May 13, 2024, the parties shall file another joint status report, including, if necessary, a proposed schedule for briefing or disclosure. Signed by Judge Timothy J. Kelly on 3/12/2024. (lctjk2) (Entered: 03/12/2024)
2024-05-1311Joint STATUS REPORT by U.S. DEPARTMENT OF DEFENSE. (Silverman, Bradley) (Entered: 05/13/2024)
2024-05-14MINUTE ORDER: Upon consideration of the parties' 11 Joint Status Report, it is hereby ORDERED that by July 15, 2024, the parties shall file another joint status report, including, if necessary, a proposed schedule for briefing or disclosure. Signed by Judge Timothy J. Kelly on 5/14/2024. (lctjk2) (Entered: 05/14/2024)
2024-07-1512Joint STATUS REPORT by U.S. DEPARTMENT OF DEFENSE. (Silverman, Bradley) (Entered: 07/15/2024)
2024-07-16MINUTE ORDER: Upon consideration of the parties' 12 Joint Status Report, it is hereby ORDERED that by September 16, 2024, the parties shall file another joint status report, including, if necessary, a proposed schedule for briefing or disclosure. Signed by Judge Timothy J. Kelly on 7/16/2024. (lctjk2) (Entered: 07/16/2024)
2024-09-1613Joint STATUS REPORT by U.S. DEPARTMENT OF DEFENSE. (Silverman, Bradley) (Entered: 09/16/2024)
2024-09-17MINUTE ORDER: Upon consideration of the parties' 13 Joint Status Report, it is hereby ORDERED that by November 18, 2024, the parties shall file another joint status report, including, if necessary, a proposed schedule for briefing or disclosure. Signed by Judge Timothy J. Kelly on 9/17/2024. (lctjk2) (Entered: 09/17/2024)
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