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Case TitleEBAN v. U.S. DEPARTMENT OF DEFENSE et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2023cv02516
Date Filed2023-08-29
Date ClosedOpen
JudgeJudge Loren L. AliKhan
PlaintiffKATHERINE EBAN
Case DescriptionKatherine Eban, a contributing editor at Vanity Fair, submitted a FOIA request to the Department for the Army for records concerning Operation Whitecoat. Eban also submitted the request to the National Archives and Records Administration. NARA acknowledged receipt of the request and told Eban responsive records were probably still in the custody of the Army. The Army then acknowledged receipt of the request and told Eban that the records were at NARA but under the custody of the Army. The Army told Eban that it had referred the request to Army Medical Research of Infectious Diseases for response. After hearing nothing further from the agencies, Eban filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Attorney's fees

DefendantU.S. DEPARTMENT OF DEFENSE
DefendantU.S. ARMY
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2023-08-291COMPLAINT against U.S. ARMY, U.S. DEPARTMENT OF DEFENSE ( Filing fee $ 402 receipt number ADCDC-10311186) filed by KATHERINE EBAN. (Attachments: # 1 Exhibit 1-7, # 2 Civil Cover Sheet, # 3 Summons)(Topic, Matthew) (Entered: 08/29/2023)
2023-08-292NOTICE of Appearance by Matthew Topic on behalf of KATHERINE EBAN (Topic, Matthew) (Entered: 08/29/2023)
2023-08-293SEALED DOCUMENT filed by KATHERINE EBAN(This document is SEALED and only available to authorized persons.)(Topic, Matthew) (Entered: 08/29/2023)
2023-08-29Case Assigned to Judge Trevor N. McFadden. (zljn) (Entered: 08/29/2023)
2023-08-294SUMMONS (4) Issued Electronically as to All Defendants, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(zljn) (Entered: 08/29/2023)
2023-08-295STANDING 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 8/29/2023. (lctnm2) (Entered: 08/29/2023)
2023-09-266NOTICE of Appearance by Patrick Doyle on behalf of U.S. ARMY, U.S. DEPARTMENT OF DEFENSE (Doyle, Patrick) (Entered: 09/26/2023)
2023-09-267Consent MOTION for Extension of Time to File Answer re 1 Complaint by U.S. ARMY, U.S. DEPARTMENT OF DEFENSE. (Attachments: # 1 Text of Proposed Order)(Doyle, Patrick) (Entered: 09/26/2023)
2023-09-27MINUTE ORDER: Defendant's 7 Consent Motion for Extension of Time to File Answer is GRANTED. Defendant's Answer shall now be filed before or on October 25, 2023. The parties are advised that the pre-existing Standing Order 5 remains in effect, including the provisions governing motions for an extension of time ("Motions for extensions of time or to re-schedule a hearing must be filed at least four business days prior to the first affected deadline or scheduled hearing.... All motions for extensions of time or to re-schedule a hearing must include... [t]he current deadline or date of the hearing."). SO ORDERED. Signed by Judge Trevor N. McFadden on 9/27/2023. (lctnm2) (Entered: 09/27/2023)
2023-09-29Set/Reset Deadlines: Answer due by 10/25/2023. (hmc) (Entered: 09/29/2023)
2023-10-258ANSWER to Complaint by U.S. ARMY, U.S. DEPARTMENT OF DEFENSE.(Doyle, Patrick) (Entered: 10/25/2023)
2023-10-25MINUTE 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 November 29, 2023. Signed by Judge Trevor N. McFadden on 10/25/23. (lctnm2) (Entered: 10/25/2023)
2023-10-319RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. ARMY served on 9/5/2023 (Topic, Matthew) (Entered: 10/31/2023)
2023-10-3110RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF DEFENSE served on 9/13/2023 (Topic, Matthew) (Entered: 10/31/2023)
2023-10-3111RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 9/8/2023. (Topic, Matthew) (Entered: 10/31/2023)
2023-10-3112RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 8/29/2023. Answer due for ALL FEDERAL DEFENDANTS by 9/28/2023. (Topic, Matthew) (Entered: 10/31/2023)
2023-10-3113NOTICE of Appearance by Merrick Jason Wayne on behalf of KATHERINE EBAN (Wayne, Merrick) (Entered: 10/31/2023)
2023-11-2914Joint STATUS REPORT by U.S. ARMY, U.S. DEPARTMENT OF DEFENSE. (Attachments: # 1 Text of Proposed Order)(Doyle, Patrick) (Entered: 11/29/2023)
2023-11-29MINUTE ORDER: After considering the 13 Joint Status Report, the Court ORDERS the parties to file another JSR by December 13, 2023. SO ORDERED. Signed by Judge Trevor N. McFadden on 11/29/2023. (lctnm2) (Entered: 11/29/2023)
2023-12-1315Joint STATUS REPORT by U.S. ARMY, U.S. DEPARTMENT OF DEFENSE. (Attachments: # 1 Text of Proposed Order)(Doyle, Patrick) (Entered: 12/13/2023)
2023-12-14MINUTE ORDER: After considering the 15 Joint Status Report, the Court ORDERS the parties to file another JSR by January 12, 2024, updating the Court on the progress of their resolution efforts and proposing a briefing schedule for dispositive motions, if required. SO ORDERED. Signed by Judge Trevor N. McFadden on 12/14/2023. (lctnm2) (Entered: 12/14/2023)
2023-12-14Case directly reassigned to Judge Loren L. AliKhan. Judge Trevor N. McFadden is no longer assigned to the case. (rj) (Entered: 12/14/2023)
2024-01-1216Joint STATUS REPORT by U.S. ARMY, U.S. DEPARTMENT OF DEFENSE. (Attachments: # 1 Text of Proposed Order)(Doyle, Patrick) (Entered: 01/12/2024)
2024-01-12MINUTE ORDER: Upon consideration of the parties' joint status report 16 , it is hereby ORDERED that the parties shall file another joint status report on or before February 13, 2024. Signed by Judge Loren L. AliKhan on 01/12/2024. (lclla2) (Entered: 01/12/2024)
2024-01-23Set/Reset Deadlines/Hearings: Joint Status Report due by 2/13/2024. (zcdw) (Entered: 01/23/2024)
2024-02-1317Joint STATUS REPORT by U.S. ARMY, U.S. DEPARTMENT OF DEFENSE. (Attachments: # 1 Text of Proposed Order)(Doyle, Patrick) (Entered: 02/13/2024)
2024-02-14MINUTE ORDER: Upon consideration of the parties' joint status report 17 , it is hereby ORDERED that the parties shall file another joint status report on or before March 14, 2024. Signed by Judge Loren L. AliKhan on 02/14/24. (lclla2) (Entered: 02/14/2024)
2024-02-14Set/Reset Deadlines/Hearings: Joint Status Report due by 3/14/2024. (zcdw) (Entered: 02/14/2024)
2024-02-2718Consent MOTION for Extension of Time to File Joint Status Report by KATHERINE EBAN. (Wayne, Merrick) (Entered: 02/27/2024)
2024-02-29MINUTE ORDER: Upon consideration of Plaintiff's consent motion for an extension of time 18 , it is hereby ORDERED that the motion is granted and the parties shall file their joint status report on or before March 21, 2024.(lclla2) (Entered: 02/29/2024)
2024-02-29Set/Reset Deadlines: Joint Status Report due by 3/21/2024. (znbn) (Entered: 02/29/2024)
2024-03-2119Joint STATUS REPORT by U.S. ARMY, U.S. DEPARTMENT OF DEFENSE. (Attachments: # 1 Text of Proposed Order)(Doyle, Patrick) (Entered: 03/21/2024)
2024-03-22MINUTE ORDER: Upon consideration of the parties' Joint Status Report 19 , it is hereby ORDERED that the parties shall file another joint status report on or before April 22, 2024. Signed by Judge Loren L. AliKhan on 03/22/2024. (lclla2) (Entered: 03/22/2024)
2024-03-22Set/Reset Deadlines/Hearings: Joint Status Report due by 4/22/2024. (zcdw) (Entered: 03/22/2024)
2024-04-2220Joint STATUS REPORT by U.S. ARMY, U.S. DEPARTMENT OF DEFENSE. (Attachments: # 1 Text of Proposed Order)(Doyle, Patrick) (Entered: 04/22/2024)
2024-04-23MINUTE ORDER: Upon consideration of the parties' joint status report 20 , it is hereby ORDERED that the following schedule shall govern this case: (1) Defendants shall file any dispositive motion by June 21, 2024; (2) Plaintiff's opposition and cross-motion, if any, shall be filed by July 22, 2024; (3) Defendants' reply in support of their motion and opposition to Plaintiff's cross-motion shall be filed by August 21, 2024; and (4) Plaintiff's reply shall be filed by September 11, 2024. Signed by Judge Loren L. AliKhan on 04/23/2024. (lclla2) (Entered: 04/23/2024)
2024-05-2821NOTICE OF SUBSTITUTION OF COUNSEL by Alane Ballweg on behalf of All Defendants Substituting for attorney Patrick Doyle (Ballweg, Alane) (Entered: 05/28/2024)
2024-06-2022Consent MOTION for Extension of Time to File Motion for Summary Judgment by U.S. ARMY, U.S. DEPARTMENT OF DEFENSE. (Attachments: # 1 Text of Proposed Order)(Ballweg, Alane) (Entered: 06/20/2024)
2024-06-20MINUTE ORDER: Upon consideration of Defendants' consent motion for extension of time 22 , it is hereby ORDERED that the following schedule shall govern this case: (1) Defendants' motion for summary judgment shall be filed by July 22, 2024; (2) Plaintiff's opposition and cross-motion, if any, shall be filed by August 21, 2024; (3) Defendants' reply in support of their motion and opposition to Plaintiff's cross-motion shall be filed by September 20, 2024; and (4) Plaintiff's reply shall be filed by October 11, 2024. Signed by Judge Loren L. AliKhan on 06/20/2024. (lclla2) (Entered: 06/20/2024)
2024-07-1923Consent MOTION for Extension of Time to File Motion for Summary Judgment by U.S. ARMY, U.S. DEPARTMENT OF DEFENSE. (Attachments: # 1 Text of Proposed Order)(Ballweg, Alane) (Entered: 07/19/2024)
2024-07-19MINUTE ORDER: Upon consideration of Defendants' consent motion for extension of time 23 , it is hereby ORDERED that the following schedule shall govern this case: (1) Defendants' motion for summary judgment shall be filed by September 5, 2024; (2) Plaintiff's opposition and cross-motion, if any, shall be filed by October 7, 2024; (3) Defendants' reply in support of their motion and opposition to Plaintiff's cross-motion shall be filed by November 4, 2024; and (4) Plaintiff's reply shall be filed by November 25, 2024. Signed by Judge Loren L. AliKhan on 07/19/2024. (lclla2) (Entered: 07/19/2024)
2024-09-0424Consent MOTION for Extension of Time to File Motion for Summary Judgment by U.S. ARMY, U.S. DEPARTMENT OF DEFENSE. (Attachments: # 1 Text of Proposed Order)(Ballweg, Alane) (Entered: 09/04/2024)
2024-09-04MINUTE ORDER: Upon consideration of Defendants' consent motion for extension of time 24 , it is hereby ORDERED that the following schedule shall govern this case: (1) Defendants' motion for summary judgment shall be filed by October 7, 2024; (2) Plaintiff's opposition and cross-motion, if any, shall be filed by November 6, 2024; (3) Defendants reply in support of their motion and opposition to Plaintiff's cross-motion shall be filed by December 4, 2024; and (4) Plaintiff's reply shall be filed by December 27, 2024. Signed by Judge Loren L. AliKhan on 09/04/2024. (lclla2) (Entered: 09/04/2024)
2024-09-04Set/Reset Deadlines/Hearings: Defendant's Summary Judgment motion due by 10/7/2024. Response to Motion for Summary Judgment due by 11/6/2024. Reply to Motion for Summary Judgment due by 12/4/2024. Plaintiff's Cross Motion due by 11/6/2024. Response to Cross Motion due by 12/4/2024. Reply to Cross Motion due by 12/27/2024. (zcdw) (Entered: 09/04/2024)
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