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Case TitleSCHMITZ v. U.S. DEPARTMENT OF DEFENSE
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2023cv02541
Date Filed2023-08-30
Date Closed2024-01-31
JudgeJudge Loren L. AliKhan
PlaintiffJOSEPH E. SCHMITZ Hon.
Case DescriptionJoseph Schmitz submitted a FOIA request to the Department of Defense for records concerning a memo written by the contracting officer in the Joint Enterprise Defense Infrastructure Cloud procurement. The agency acknowledged the receipt. The agency located 11 responsive pages. The agency withheld the 11 pages under Exemption 5 (privileges). Schmitz filed an administrative appeal. After hearing nothing further from the agency, Schmitz filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Attorney's fees

DefendantDEPARTMENT OF DEFENSE
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
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2023-08-301COMPLAINT against DEPARTMENT OF DEFENSE ( Filing fee $ 402 receipt number ADCDC-10316332) filed by JOSEPH E. SCHMITZ. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Civil Cover Sheet, # 7 Summons)(Beelaert, Jeffrey) (Entered: 08/30/2023)
2023-08-31NOTICE OF ERROR re 1 Complaint; emailed to jbeelaert@steinmitchell.com, cc'd 0 associated attorneys -- The PDF file you docketed contained errors: 1. Incorrect coversheet. Please use the cover sheet at https://www.dcd.uscourts.gov/new-case-forms & file using the event Civil Cover Sheet., 2. Missing summonses-government. When naming a government agent or agency as a defendant, you must supply a summons for each defendant & two additional summonses for the U.S. Attorney & U.S. Attorney General. Please submit using the event Request for Summons to Issue., 3. FOIA Summons needed. (Complaint signatory should be J. Beelaert), 4. COMPLIANCE DEADLINE is by close of business today. This case will not proceed any further until all errors are satisfied. (cb, ) (Entered: 08/31/2023)
2023-08-312CIVIL COVER SHEET by JOSEPH E. SCHMITZ re 1 Complaint, filed by JOSEPH E. SCHMITZ. Related document: 1 Complaint, filed by JOSEPH E. SCHMITZ.(Beelaert, Jeffrey) (Entered: 08/31/2023)
2023-08-313REQUEST FOR SUMMONS TO ISSUE filed by JOSEPH E. SCHMITZ. Related document: 1 Complaint, filed by JOSEPH E. SCHMITZ.(Beelaert, Jeffrey) (Entered: 08/31/2023)
2023-08-314ERRATA Complaint by JOSEPH E. SCHMITZ re 1 Complaint,. (Beelaert, Jeffrey) (Entered: 08/31/2023)
2023-08-31Case Assigned to Judge Reggie B. Walton. (zcb) (Entered: 08/31/2023)
2023-08-315SUMMONS (3) Issued Electronically as to DEPARTMENT OF DEFENSE, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(zcb) (Entered: 08/31/2023)
2023-10-166MOTION for Extension of Time to Respond to Complaint by U.S. DEPARTMENT OF DEFENSE. (Attachments: # 1 Text of Proposed Order)(Escher, Sam) (Entered: 10/16/2023)
2023-10-187GENERAL ORDER FOR CIVIL CASES BEFORE THE HONORABLE REGGIE B. WALTON. Signed by Judge Reggie B. Walton on October 18, 2023. (lcrbw1) (Entered: 10/18/2023)
2023-10-208RESPONSE re 6 MOTION for Extension of Time to Respond to Complaint filed by JOSEPH E. SCHMITZ. (Beelaert, Jeffrey) (Entered: 10/20/2023)
2023-10-23MINUTE ORDER. Upon consideration of the defendant's 6 Motion for Extension of Time to Respond, and for good cause shown, it is hereby ORDERED that the defendant's 6 Motion for Extension of Time to Respond is GRANTED. It is further ORDERED that, on or before November 15, 2023, the defendant shall file its answer or otherwise respond to the plaintiff's complaint. Signed by Judge Reggie B. Walton on October 23, 2023. (lcrbw1) (Entered: 10/23/2023)
2023-11-149ANSWER to Complaint by U.S. DEPARTMENT OF DEFENSE.(Escher, Sam) (Entered: 11/14/2023)
2023-11-20MINUTE ORDER. To ensure the expeditious resolution of this action, and because this qualifies as an exempted case under Local Civil Rule 16.3(b), it is hereby ORDERED that the parties shall file a joint proposed briefing schedule governing the filing of dispositive motions on or before December 15, 2023. Signed by Judge Reggie B. Walton on November 20, 2023. (lcrbw1) (Entered: 11/20/2023)
2023-12-14Case directly reassigned to Judge Loren L. AliKhan. Judge Reggie B. Walton is no longer assigned to the case. (ztnr) (Entered: 12/14/2023)
2023-12-1510Joint STATUS REPORT by U.S. DEPARTMENT OF DEFENSE. (Escher, Sam) (Entered: 12/15/2023)
2023-12-20MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 10 , which the court construes as a motion for extension of time to file a joint proposed briefing schedule, it is hereby ORDERED that the motion is GRANTED. It is further ORDERED that the parties shall file a joint proposed briefing schedule governing the filing of dispositive motions on or before December 28, 2023. Signed by Judge Loren L. AliKhan on 12/20/2023. (lclla1) (Entered: 12/20/2023)
2023-12-22Set/Reset Deadlines/Hearings: Joint Proposed Briefing Schedule due by 12/28/2023. (zcdw) (Entered: 12/22/2023)
2023-12-2811Joint MOTION for Extension of Time to File a Joint Status Report by U.S. DEPARTMENT OF DEFENSE. (Attachments: # 1 Text of Proposed Order)(Escher, Sam) (Entered: 12/28/2023)
2023-12-2912ERRATA Joint Motion for Extension of Time to File a Joint Status Report by U.S. DEPARTMENT OF DEFENSE re 11 Motion for Extension of Time . (Attachments: # 1 Text of Proposed Order)(Escher, Sam) Modified on 12/29/2023 to add docket link (zjm). (Entered: 12/29/2023)
2024-01-02MINUTE ORDER: Upon consideration of Defendant's Motion for Extension of Time to File a Joint Status Report 11 12 , it is hereby ORDERED that the motion is GRANTED. It is further ORDERED that the parties shall file a joint status report on or before January 31, 2024. The parties are not required to file a proposed briefing schedule at this time. Signed by Judge Loren L. AliKhan on 1/2/2024. (lclla1) (Entered: 01/02/2024)
2024-01-08Set/Reset Deadlines/Hearings: Joint Status Report due by 1/31/2024. (zcdw) (Entered: 01/08/2024)
2024-01-3013STIPULATION of Dismissal with Prejudice by U.S. DEPARTMENT OF DEFENSE. (Escher, Sam) (Entered: 01/30/2024)
2024-01-30MINUTE ORDER: Upon consideration of the parties' Stipulation of Dismissal with Prejudice 13 , it is hereby ORDERED that the case is DISMISSED with prejudice, with each side to bear its own fees, costs, and expenses. The Clerk of Court is hereby directed to terminate this case. Signed by Judge Loren L. AliKhan on 1/30/2024. (lclla1) (Entered: 01/30/2024)
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