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Case TitleSWEIGERT v. BENASSI et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2024cv00646
Date Filed2024-03-06
Date ClosedOpen
JudgeJudge Trevor N. McFadden
PlaintiffDAVE SWEIGERT
Case DescriptionDave Sweigert submitted FOIA requests to the Department of the Air Force for records concerning the agency's alleged relationship with various conspiracy theorists. The agency acknowledged receipt of the requests but after hearing nothing further from the agency, Sweigert filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search

DefendantMATTHEW BENASSI Air Force civilian employee
DefendantMATTHEW BENASSI Air Force civilian employee
TERMINATED: 02/19/2025
DefendantU.S. NATIONAL INSTITUTE OF HEALTH
TERMINATED: 02/19/2025
DefendantU.S. NATIONAL INSTITUTE OF HEALTH
DefendantU.S. COAST GUARD
DefendantU.S. COAST GUARD
TERMINATED: 07/30/2024
DefendantU.S DEPARTMENT OF HOMELAND SECURITY
DefendantU.S DEPARTMENT OF HOMELAND SECURITY
TERMINATED: 03/03/2025
DefendantU.S DEPARTMENT OF JUSTICE
DefendantU.S DEPARTMENT OF JUSTICE
TERMINATED: 02/19/2025
DefendantU.S. AIR FORCE
DefendantU.S. AIR FORCE
TERMINATED: 01/28/2025
DefendantSecretary ROBERT F. KENNEDY, JR
U.S. Dept. of Health and Human Services
DefendantROBERT F. KENNEDY, JR. Secretary, U.S. Department of Health and Human Services
DefendantALPHABET INC.
DefendantALPHABET INC.
JASON GOODMAN
Documents
Docket
Complaint
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2024-01-151COMPLAINT against MATTHEW BENASSI, U.S. AIR FORCE, U.S. COAST GUARD, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. DEPARTMENT OF JUSTICE, U.S. NATIONAL INSTITUTE OF HEALTH, filed by D.G. SWEIGERT. (No fee paid with this filing) (DJH) [Transferred from Indiana Southern on 3/7/2024.] (Entered: 01/16/2024)
2024-01-162MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (DJH) [Transferred from Indiana Southern on 3/7/2024.] (Entered: 01/16/2024)
2024-01-163Notice to File Rule 7.1 Disclosure Statement. (RAGS) (DJH) [Transferred from Indiana Southern on 3/7/2024.] (Entered: 01/16/2024)
2024-02-024NOTICE OF DEFICIENCY - Your civil rights complaint has been received. You shall have through 2/23/2024 in which to correct the deficiencies as follows: You must either pay the 405.00 filing fee for this action or demonstrate that you lack the financial ability to do so by filing a motion for leave to proceed without the prepayment of the filing fee ( in forma pauperis ). A form motion for leave to proceed without the prepayment of the filing fee is being provided for your use. NOTE TO PRISONER - If you seek leave to proceed without prepaying the filing fee, and you are a prisoner, your motion must be accompanied by a copy of the transactions associated with your institution trust account for the 6-month period preceding the filing of this action. (Attachments: # 1 IFP form) (TMD) [Transferred from Indiana Southern on 3/7/2024.] (Entered: 02/02/2024)
2024-02-225RECEIPT #9129 for filing fee in the amount of $405.00, paid by D.G. SWEIGERT. (DJH) [Transferred from Indiana Southern on 3/7/2024.] (Entered: 02/22/2024)
2024-02-226Letter Received with Payment from D.G. SWEIGERT. (Attachments: # 1 Envelope) (JSR) [Transferred from Indiana Southern on 3/7/2024.] (Entered: 02/26/2024)
2024-02-287NOTICE of Appearance by Shelese M. Woods on behalf of Defendants U.S. AIR FORCE, U.S. COAST GUARD, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. DEPARTMENT OF JUSTICE, U.S. NATIONAL INSTITUTE OF HEALTH. (Woods, Shelese) [Transferred from Indiana Southern on 3/7/2024.] (Entered: 02/28/2024)
2024-02-288MOTION for Extension of Time to 30 days , filed by Defendants U.S. AIR FORCE, U.S. COAST GUARD, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. DEPARTMENT OF JUSTICE, U.S. NATIONAL INSTITUTE OF HEALTH. (Attachments: # 1 Text of Proposed Order)(Woods, Shelese) [Transferred from Indiana Southern on 3/7/2024.] (Entered: 02/28/2024)
2024-03-019ORDER granting 8 Motion for Enlargement of Time. The time for the above Defendants to answer orotherwise respond to the Plaintiff's operative complaint is enlarged by thirty days to and includingMarch 29, 2024. Copy sent to plaintiff via US mail.. Signed by Magistrate Judge Kellie M. Barr on 3/1/2024. (TPS) [Transferred from Indiana Southern on 3/7/2024.] (Entered: 03/01/2024)
2024-03-0110SCHEDULING ORDER - Telephonic Initial Pretrial Conference set for 4/24/2024 at 10:00 AM (Eastern Time) before Magistrate Judge Kellie M. Barr. The Parties shall attend the conference by calling 571-353-2301, meeting ID 267253362. (SEE ORDER.) Copy sent to plaintiff via US mail. Signed by Magistrate Judge Kellie M. Barr on 3/1/2024.(TPS) [Transferred from Indiana Southern on 3/7/2024.] (Entered: 03/01/2024)
2024-03-0211MOTION for Judicial Notice, filed by Plaintiff D.G. SWEIGERT. (Attachments: # 1 Exhibit)(BAA) [Transferred from Indiana Southern on 3/7/2024.] (Entered: 03/04/2024)
2024-03-0612CLOSED TRANSFER - ORDER TRANSFERRING ACTION TO THE DISTRICT OF COLUMBIA. See Order. Copy to plaintiff via US Mail. Signed by District Judge Richard L Young on 3/6/2024.(KAA) [Transferred from Indiana Southern on 3/7/2024.] (Entered: 03/06/2024)
2024-03-0613Transfer Letter to Clerk of the District of Columbia. Case transferred electronically to District of Columbia, on March 6, 2024. (KAA) [Transferred from Indiana Southern on 3/7/2024.] (Entered: 03/06/2024)
2024-03-0714Case transferred in from District of Indiana Southern; Case Number 1:24-cv-00095. Original file ,transfer order and docket sheet received. (Entered: 03/07/2024)
2024-03-0715STANDING 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 3/7/2024. (lctnm2) (Entered: 03/07/2024)
2024-03-07MINUTE ORDER: The Court ORDERS Defendants to respond to Plaintiffs Complaint by or on March 29, 2024. SO ORDERED. Signed by Trevor N. McFadden on 3/7/2024. (lctnm2) (Entered: 03/07/2024)
2024-03-2216NOTICE of Appearance by Stephanie R. Johnson on behalf of MATTHEW BENASSI, U.S DEPARTMENT OF HOMELAND SECURITY, U.S DEPARTMENT OF JUSTICE, U.S. AIR FORCE, U.S. COAST GUARD, U.S. NATIONAL INSTITUTE OF HEALTH (Johnson, Stephanie) (Entered: 03/22/2024)
2024-03-2217MOTION for Extension of Time to Respond to Complaint by MATTHEW BENASSI, U.S DEPARTMENT OF HOMELAND SECURITY, U.S DEPARTMENT OF JUSTICE, U.S. AIR FORCE, U.S. COAST GUARD, U.S. NATIONAL INSTITUTE OF HEALTH. (Attachments: # 1 Text of Proposed Order, # 2 Certificate of Service)(Johnson, Stephanie) (Entered: 03/22/2024)
2024-03-22MINUTE ORDER: Defendants' 17 Motion for Extension of Time to Respond is GRANTED. Defendants shall file their response to Plaintiff's Complaint by or on April 30, 2024. SO ORDERED. Signed by Judge Trevor N. McFadden on 3/22/2024. (lctnm2). (Entered: 03/22/2024)
2024-03-25Set/Reset Deadlines: Answer due by 4/30/2024. (hmc) (Entered: 03/25/2024)
2024-04-3018Partial MOTION to Dismiss , Partial MOTION for Summary Judgment by MATTHEW BENASSI, U.S DEPARTMENT OF HOMELAND SECURITY, U.S DEPARTMENT OF JUSTICE, U.S. AIR FORCE, U.S. COAST GUARD, U.S. NATIONAL INSTITUTE OF HEALTH. (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Declaration of Vanessa R. Brinkmann, # 4 Declaration of Gorka Garcia-Malene, # 5 Text of Proposed Order, # 6 Certificate of Service)(Johnson, Stephanie) (Entered: 04/30/2024)
2024-04-3019MOTION to Stay by MATTHEW BENASSI, U.S DEPARTMENT OF HOMELAND SECURITY, U.S DEPARTMENT OF JUSTICE, U.S. AIR FORCE, U.S. COAST GUARD, U.S. NATIONAL INSTITUTE OF HEALTH. (Attachments: # 1 Text of Proposed Order, # 2 Certificate of Service)(Johnson, Stephanie) (Entered: 04/30/2024)
2024-05-02MINUTE ORDER: Defendants' 19 Motion to Stay is GRANTED. It is ORDERED that Defendants' deadline to respond to Plaintiff's Complaint is STAYED until 21 days after the Court resolves Defendants' 18 Partial Motion to Dismiss, or in the alternative, for Summary Judgment, or after Defendants Air Force and Coast Guard complete their response to Plaintiff's FOIA requests, whichever comes first. It is FURTHER ORDERED that Defendants shall submit a Status Report by or on July 30, 2024, updating the Court on the status of document production. SO ORDERED. Signed by Judge Trevor N. McFadden on 5/2/2024. (lctnm2) (Entered: 05/02/2024)
2024-05-03Set/Reset Deadlines: Status Report due by 7/30/2024. (hmc) (Entered: 05/03/2024)
2024-05-0722NOTICE of Email Address by D. G. SWEIGERT (mg) (Entered: 05/17/2024)
2024-05-1320NOTICE of Email Address by D.G. SWEIGERT (mg) (Entered: 05/14/2024)
2024-05-1321MOTION for CM/ECF Password by D.G. SWEIGERT. (mg) (Entered: 05/14/2024)
2024-05-15MINUTE ORDER granting Plaintiff's 21 Motion for CM/ECF Password. The Clerk of the Court is directed to register Plaintiff for ECF notifications at spoliation-notice@mailbox.org, to register Plaintiff for an ECF account, and to send Plaintiff account information so that he will be able to submit filings electronically. SO ORDERED. Signed by Judge Trevor N. McFadden on 5/15/2024. (lctnm2) (Entered: 05/15/2024)
2024-06-0223MOTION to Take Judicial Notice by DAVE SWEIGERT. (Attachments: # 1 Exhibit)(mg) (Entered: 06/03/2024)
2024-07-2924STIPULATION of Dismissal of Defendant U.S. Coast Guard by DAVE SWEIGERT. (SWEIGERT, DAVE) (Entered: 07/29/2024)
2024-07-2925DECLARATION OF PLAINTIFF by DAVE SWEIGERT re 24 Stipulation of Dismissal. (SWEIGERT, DAVE) (Entered: 07/29/2024)
2024-07-3026STATUS REPORT by U.S. AIR FORCE, U.S. COAST GUARD. (Johnson, Stephanie) (Entered: 07/30/2024)
2024-07-30MINUTE ORDER: Having considered the parties' 24 Stipulation of Dismissal, and pursuant to Fed. R. Civ. P. 41(a)(1)(A)(ii), the Court orders that Defendant U.S. Coast Guard is DISMISSED with prejudice. It is FURHTER ORDERED that Defendants shall file a Joint Status Report by or on September 30, 2024, updating the Court on the status of document production. SO ORDERED. Signed by Judge Trevor N. McFadden on 7/30/2024. (lctnm2) (Entered: 07/30/2024)
2024-09-3027STATUS REPORT by U.S. AIR FORCE. (Johnson, Stephanie) (Entered: 09/30/2024)
2024-09-30MINUTE ORDER: It is ORDERED that Defendants shall file a Joint Status Report by or on November 29, 2024, updating the Court on the status of document production. SO ORDERED. Signed by Judge Trevor N. McFadden on 9/30/2024. (lctnm2) (Entered: 09/30/2024) (Entered: 09/30/2024)
2024-11-2728STATUS REPORT by MATTHEW BENASSI, U.S. NATIONAL INSTITUTE OF HEALTH, U.S DEPARTMENT OF HOMELAND SECURITY, U.S DEPARTMENT OF JUSTICE, U.S. AIR FORCE. (Johnson, Stephanie) (Entered: 11/27/2024)
2024-11-29MINUTE ORDER: It is ORDERED that Defendants shall file a Joint Status Report by or on January 29, 2025, updating the Court on the status of document production. SO ORDERED. Signed by Judge Trevor N. McFadden on 11/29/2024. (lctnm2) (Entered: 11/29/2024)
2025-01-2829STIPULATION of Dismissal of Defendant U.S. Air Force by U.S. AIR FORCE. (Johnson, Stephanie) (Entered: 01/28/2025)
2025-01-28MINUTE ORDER: Having considered the parties' 29 Stipulation of Voluntary Dismissal, the Court ORDERS that this matter is DISMISSED WITHOUT PREJUDICE as to Defendant U.S. Air Force. Dismissal is proper under Fed. R. Civ. P. 41(a)(1)(A)(ii) because the parties have jointly stipulated to dismissal. SO ORDERED by Judge Trevor N. McFadden on 1/28/2025. (lctnm2) Modified to amend language on 1/31/2025 (znbn). (Entered: 01/28/2025)
2025-01-2930STATUS REPORT by MATTHEW BENASSI, U.S. NATIONAL INSTITUTE OF HEALTH, U.S DEPARTMENT OF HOMELAND SECURITY, U.S DEPARTMENT OF JUSTICE, U.S. AIR FORCE. (Johnson, Stephanie) (Entered: 01/29/2025)
2025-01-3131ORDER: Defendants Air Force and Coast Guard have either been dismissed or completed their responses to Plaintiff's FOIA requests. Thus, according to this Court's Minute Order on 5/2/2024, the stay is lifted on Defendants' deadline to respond to Plaintiff's Complaint. The answer is now due March 19, 2025. The Plaintiff is ordered to respond to the Defendants' 18 partial Motion to Dismiss by February 12, 2025. The Court warns the Plaintiff that if he fails to do so without moving for an extension of time the Court may deem Defendants' 18 Partial Motion to Dismiss conceded. SO ORDERED. Signed by Judge Trevor N. McFadden on 1/31/2025. (lctnm2). (Entered: 01/31/2025)
2025-02-04Set/Reset Deadlines: Plaintiff's response due by 2/12/2025. (hmc) (Entered: 02/04/2025)
2025-02-1932ORDER: Pursuant to this Court's Minute Order on 1/31/2025, the Plaintiff has conceded the Defendants' partial Motion to Dismiss by failing to respond. Accordingly, all claims against Defendants Matthew Benassi, Department of Justice, and National Institute of Health are DISMISSED without prejudice. The Department of Homeland Security must still file an answer to the Plaintiff's Complaint by March 19, 2025. See attached Order for details. SO ORDERED. Signed by Judge Trevor N. McFadden on 2/19/2025. (lctnm2). (Entered: 02/19/2025)
2025-02-2033DECLARATION by DAVE SWEIGERT (SWEIGERT, DAVE) Modified event on 2/24/2025 (mg). (Entered: 02/20/2025)
2025-02-2835ENTERED IN ERROR.....Receipt on 2/28/2025 of ORIGINAL FILE, certified copy of transfer order and docket sheet from Superior Court. Superior Court Number 2025-CAB-172. (Attachments: # 1 Part 1, # 2 Part 2, # 3 Part 3, # 4 Part 4, # 5 Part 5, # 6 Part 6, # 7 Part 7, # 8 Part 8, # 9 Part 9, # 10 Part 10, # 11 Part 11, # 12 Part 12, # 13 Part 13, # 14 Part 14, # 15 Part 15, # 16 Part 16, # 17 Part 17, # 18 Part 18, # 19 Part 19, # 20 Part 20, # 21 Part 21, # 22 Part 22, # 23 Part 23, # 24 Part 24, # 25 Part 25)(mg) Modified on 3/12/2025; docketed in the wrong case (mg). (Entered: 03/12/2025)
2025-03-0334STRICKEN PURSUANT TO MINUTE ORDER ENTERED ON 3/4/2025.....AMENDED COMPLAINT D. G. Sweigert against U.S. NATIONAL INSTITUTE OF HEALTH, ROBERT F. KENNEDY, JR, ALPHABET INC. with Jury Demand filed by DAVE SWEIGERT.(SWEIGERT, DAVE) Modified on 3/5/2025 (hmc). (Entered: 03/03/2025)
2025-03-04MINUTE ORDER: Plaintiff's 34 Amended Complaint is stricken under Federal Rule of Civil Procedure 12(f)(1). The Plaintiff is advised to file a motion requesting leave to amend his complaint if he so desires, in compliance with Federal Rule of Civil Procedure 15, Local Civil Rule 7(i), and any other applicable rule or standing order. SO ORDERED. Signed by Judge Trevor N. McFadden on 3/4/2025. (lctnm2). (Entered: 03/04/2025)
2025-03-1136MOTION for Leave to File Amicus Brief by JASON GOODMAN. (mg) (Additional attachment(s) added on 3/13/2025: # 1 Proposed Brief, # 2 Exhibit) (mg). (Entered: 03/13/2025)
2025-03-1137MOTION for CM/ECF Password by JASON GOODMAN. (mg) (Entered: 03/13/2025)
2025-03-1538RESPONSE re 36 MOTION for Leave to File Amicus Curiae Brief filed by JASON GOODMAN. (Attachments: # 1 Exhibit Screen shot of commentary)(SWEIGERT, DAVE) (Entered: 03/15/2025)
2025-03-1739MOTION to Dismiss by U.S DEPARTMENT OF HOMELAND SECURITY. (Attachments: # 1 Text of Proposed Order, # 2 Certificate of Service)(Johnson, Stephanie) (Entered: 03/17/2025)
2025-03-1740First MOTION for Leave to File Amended Complaint by DAVE SWEIGERT. (Attachments: # 1 Exhibit Proposed Amended Complaint)(SWEIGERT, DAVE) (Entered: 03/17/2025)
2025-03-1941RESPONSE re 39 MOTION to Dismiss DEP'T OF HOMELAND SECURITY filed by DAVE SWEIGERT. (SWEIGERT, DAVE) (Entered: 03/19/2025)
2025-03-2442ORDER: The Plaintiff's 40 Motion for Leave to File Amended Complaint is DENIED without prejudice. See attached Order for details. The Plaintiff is ordered to respond to the Defendants' 39 Motion to Dismiss by April 7, 2025. The Court warns the Plaintiff that if he fails to do so without moving for an extension of time the Court may deem Defendants' 40 Partial Motion to Dismiss conceded. SO ORDERED. Signed by Judge Trevor N. McFadden on 3/24/2025. (lctnm2). (Entered: 03/24/2025)
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