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Case TitleWAR HORSE NEWS et al v. UNITED STATES DEPARTMENT OF DEFENSE et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2024cv01834
Date Filed2024-06-25
Date ClosedOpen
JudgeJudge Timothy J. Kelly
PlaintiffWAR HORSE NEWS
c/o Thomas R. Burke
Davis Wright Tremaine LLP
50 California St, 23rd Floor
San Francisco, CA 94111
(415) 276-6500
PlaintiffSONNER KEHRT
c/o Thomas R. Burke
Davis Wright Tremaine LLP
50 California St, 23rd Floor
San Francisco, CA 94111
(415) 276-6500
Case DescriptionWar Horse News submitte4 a FOIA request to the Department of Army for records concerning the Army's water rights. The agency acknowledged receipt of the request but after hearing nothing further from the agency, War Horse News filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantUNITED STATES DEPARTMENT OF DEFENSE
DefendantUNITED STATES ARMY
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2024-04-041COMPLAINT for Declaratory and Injunctive Relief for Violation of the Freedom of Information Act, 5 U.S.C § 552 et seq. against United States Department of Defense; United States Army ( Filing fee $ 405, receipt number ACANDC-19290247.). Filed by The War Horse News, Sonner Kehrt. (Attachments: # 1 Exhibit A-G, # 2 Civil Cover Sheet)(Shi, Annie) (Filed on 4/4/2024) [Transferred from California Northern on 6/25/2024.] (Entered: 04/04/2024)
2024-04-042Case assigned to Judge Charles R. Breyer. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening. Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. (kmg, COURT STAFF) (Filed on 4/4/2024) [Transferred from California Northern on 6/25/2024.] (Entered: 04/04/2024)
2024-04-043Initial Case Management Scheduling Order with ADR Deadlines: Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras. Case Management Statement due by 7/19/2024. Initial Case Management Conference set for 7/26/2024 08:30 AM in San Francisco, - Videoconference Only. (Attachments: # 1 Notice of Eligibility for Video Recording)(mcl, COURT STAFF) (Filed on 4/4/2024) [Transferred from California Northern on 6/25/2024.] (Entered: 04/04/2024)
2024-04-044ORDER OF RECUSAL. Signed by Judge Charles R. Breyer on 4/4/2024. (ls, COURT STAFF) (Filed on 4/4/2024) [Transferred from California Northern on 6/25/2024.] (Entered: 04/04/2024)
2024-04-055ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Rita F. Lin for all further proceedings. Judge Charles R. Breyer no longer assigned to case, Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras.. Signed by Clerk on 4/5/2024. (Attachments: # 1 Notice of Eligibility for Video Recording)(ark, COURT STAFF) (Filed on 4/5/2024) [Transferred from California Northern on 6/25/2024.] (Entered: 04/05/2024)
2024-04-086CLERK'S NOTICE SETTING CASE MANAGEMENT CONFERENCE UPON REASSIGNMENT: Notice is hereby given that an Initial Case Management Conference is set before Judge Rita F. Lin upon reassignment. For a copy of Judge Lin's Standing Order and other information, please refer to the Court's website at https://www.cand.uscourts.gov/judges/lin-rita-f-rfl/ . Initial Case Management Conference set for 7/24/2024 10:00 AM in San Francisco - Videoconference Only. Case Management Statement due by 7/17/2024. This proceeding will be held via a Zoom webinar. Webinar Access: All counsel, members of the public, and media may access the webinar information at https://www.cand.uscourts.gov/judges/lin-rita-f-rfl/ General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited. Zoom Guidance and Setup: https://www.cand.uscourts.gov/zoom/ . (This is a text-only entry generated by the court. There is no document associated with this entry.) (mkl, COURT STAFF) (Filed on 4/8/2024) [Transferred from California Northern on 6/25/2024.] (Entered: 04/08/2024)
2024-04-177Rule 7.1 Disclosures by Sonner Kehrt, The War Horse News (Shi, Annie) (Filed on 4/17/2024) [Transferred from California Northern on 6/25/2024.] (Entered: 04/17/2024)
2024-04-198Proposed Summons. (Shi, Annie) (Filed on 4/19/2024) [Transferred from California Northern on 6/25/2024.] (Entered: 04/19/2024)
2024-04-199Summons Issued as to United States Army, United States Department of Defense, U.S. Attorney and U.S. Attorney General. (mcl, COURT STAFF) (Filed on 4/19/2024) [Transferred from California Northern on 6/25/2024.] (Entered: 04/19/2024)
2024-05-0210CLERK'S NOTICE Advancing Case Management Conference: Due to the Court's unavailability, the Initial Case Management Conference set for 7/24/2024 is advanced to 7/17/2024 10:00 AM in San Francisco - Videoconference Only. Case Management Statement due by 7/10/2024. This proceeding will be held via a Zoom webinar. Webinar Access: All counsel, members of the public, and media may access the webinar information at https://www.cand.uscourts.gov/judges/lin-rita-f-rfl/ General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited. Zoom Guidance and Setup: https://www.cand.uscourts.gov/zoom/ . (This is a text-only entry generated by the court. There is no document associated with this entry.) (mkl, COURT STAFF) (Filed on 5/2/2024) [Transferred from California Northern on 6/25/2024.] (Entered: 05/02/2024)
2024-05-1511NOTICE of Appearance by David Michael DeVito (DeVito, David) (Filed on 5/15/2024) [Transferred from California Northern on 6/25/2024.] (Entered: 05/15/2024)
2024-05-1512STIPULATION re 1 Complaint, filed by United States Army, United States Department of Defense. (DeVito, David) (Filed on 5/15/2024) [Transferred from California Northern on 6/25/2024.] (Entered: 05/15/2024)
2024-06-2013STIPULATION WITH PROPOSED ORDER TO TRANSFER VENUE TO THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA PURSUANT TO 28 U.S.C. § 1404(a) AND STIPULATION TO EXTEND TIME TO RESPOND TO COMPLAINT filed by United States Army, United States Department of Defense. (DeVito, David) (Filed on 6/20/2024) [Transferred from California Northern on 6/25/2024.] (Entered: 06/20/2024)
2024-06-2114ORDER by Judge Rita F. Lin denying without prejudice 13 Stipulation. The parties' stipulation to transfer this case to the U.S. District Court for the District of Columbia is DENIED WITHOUT PREJUDICE to refiling in a manner that complies with the requirements of 28 U.S.C. § 1404(a). While the stipulation satisfies § 1404(a)'s consent clause, it fails to provide any information on which the Court could conclude that the transfer serves "the convenience of parties and witnesses" and is "in the interest of justice." 28 U.S.C. § 1404(a); see also Young v. iFinex Inc. , No. C19-1902, 2020 WL 42248, at *2 (W.D. Wash. Jan. 3, 2020) (denying parties' stipulation to transfer venue that provided no information to assess whether transfer would serve the convenience of parties and witnesses and be in the interest of justice). (This is a text-only entry generated by the court. There is no document associated with this entry.) (rfllc3, COURT STAFF) (Filed on 6/21/2024) [Transferred from California Northern on 6/25/2024.] (Entered: 06/21/2024)
2024-06-2415STIPULATION WITH PROPOSED ORDER TO TRANSFER VENUE TO THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA PURSUANT TO 28 U.S.C. § 1404(a) AND STIPULATION TO EXTEND TIME TO RESPOND TO COMPLAINT filed by United States Army, United States Department of Defense. (DeVito, David) (Filed on 6/24/2024) [Transferred from California Northern on 6/25/2024.] (Entered: 06/24/2024)
2024-06-2416ORDER by Judge Rita F. Lin granting 15 Stipulation to Transfer Case to the United States District Court for the District of Columbia. (mkl, COURT STAFF) (Filed on 6/24/2024) [Transferred from California Northern on 6/25/2024.] (Entered: 06/24/2024)
2024-06-2517Case transferred in from District of California Northern; Case Number 3:24-cv-02049. Original file ,transfer order and docket sheet received. (Entered: 06/25/2024)
2024-07-1718ENTERED IN ERROR..... MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Thomas Rohlfs Burke, Filing fee $ 100, receipt number ADCDC-11033698. Fee Status: Fee Paid. by WAR HORSE NEWS. (Attachments: # 1 Declaration, # 2 CA Bar Certificate of Standing, # 3 Text of Proposed Order)(Burke, Thomas) Modified on 7/18/2024 (znmw). (Entered: 07/17/2024)
2024-07-1719ENTERED IN ERROR..... MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Annie S. Zhang, Filing fee $ 100, receipt number ADCDC-11033718. Fee Status: Fee Paid. by WAR HORSE NEWS. (Attachments: # 1 Declaration, # 2 CA Bar Certificate of Standing, # 3 Text of Proposed Order)(Burke, Thomas) Modified on 7/18/2024 (znmw). (Entered: 07/17/2024)
2024-07-18NOTICE OF ERROR regarding 18 MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Thomas Rohlfs Burke, , 19 MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Annie S. Zhang, . The following error(s) need correction: Invalid attorney signature- signature on document must match PACER login; Pro Hac Vice motions must be filed by the sponsoring attorney. Please refile. (znmw) (Entered: 07/18/2024)
2024-07-1820MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Thomas Rohlfs Burke, Filing fee $ 100, receipt number ADCDC-11035907. Fee Status: Fee Paid. by WAR HORSE NEWS. (Attachments: # 1 Declaration, # 2 CA Bar Certificate of Good Standing, # 3 Text of Proposed Order)(DeThomas, Courtney) (Entered: 07/18/2024)
2024-07-1821MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Annie S. Zhang, Filing fee $ 100, receipt number ADCDC-11036032. Fee Status: Fee Paid. by WAR HORSE NEWS. (Attachments: # 1 Declaration, # 2 CA Bar Certificate of Good Standing, # 3 Text of Proposed Order)(DeThomas, Courtney) (Entered: 07/18/2024)
2024-07-19MINUTE ORDER granting Plaintiff War Horse News' 20 , 21 Motions for Leave to Appear Pro Hac Vice. Attorneys Thomas Rohlfs Burke and Annie S. Zhang are hereby admitted pro hac vice to appear in this matter on behalf of Plaintiff War Horse News. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). Click for instructions . Signed by Judge Timothy J. Kelly on 7/19/2024. (lctjk1) (Entered: 07/19/2024)
2024-08-0522NOTICE of Appearance by Alane Ballweg on behalf of All Defendants (Ballweg, Alane) (Entered: 08/05/2024)
2024-08-0623Consent MOTION for Extension of Time to Respond by UNITED STATES ARMY, UNITED STATES DEPARTMENT OF DEFENSE. (Attachments: # 1 Text of Proposed Order)(Ballweg, Alane) (Entered: 08/06/2024)
2024-08-07MINUTE ORDER granting Defendants' 23 Consent Motion for an Extension of Time. It is hereby ORDERED that, for good cause shown, Defendants' 23 consent motion for an extension of time to answer Plaintiffs' complaint is GRANTED. It is further ORDERED that Defendants shall answer or otherwise respond to the complaint by September 4, 2024. Signed by Judge Timothy J. Kelly on 8/7/2024. (lctjk1) (Entered: 08/07/2024)
2024-08-0724NOTICE of Appearance by Thomas R. Burke on behalf of WAR HORSE NEWS (Burke, Thomas) (Entered: 08/07/2024)
2024-08-0725NOTICE of Appearance by Annie Shi Zhang on behalf of WAR HORSE NEWS (Zhang, Annie) (Entered: 08/07/2024)
2024-09-0426ANSWER to 1 Complaint, by UNITED STATES ARMY, UNITED STATES DEPARTMENT OF DEFENSE.(Ballweg, Alane) (Entered: 09/04/2024)
2024-09-05MINUTE ORDER: Before the Court in this FOIA case is a complaint and an answer. It is hereby ORDERED that the parties shall meet, confer, and file, by September 25, 2024, a joint proposed schedule for briefing or disclosure. Signed by Judge Timothy J. Kelly on 9/5/2024. (lctjk1) (Entered: 09/05/2024)
2024-09-2527Joint STATUS REPORT by UNITED STATES ARMY, UNITED STATES DEPARTMENT OF DEFENSE. (Attachments: # 1 Text of Proposed Order)(Ballweg, Alane) (Entered: 09/25/2024)
2024-09-26MINUTE ORDER: Upon consideration of the parties' 27 Joint Status Report, it is hereby ORDERED that the parties shall file a further joint status report by November 25, 2024. Signed by Judge Timothy J. Kelly on 9/26/2024. (lctjk1) (Entered: 09/26/2024)
2024-11-2528Joint STATUS REPORT by UNITED STATES ARMY, UNITED STATES DEPARTMENT OF DEFENSE. (Attachments: # 1 Text of Proposed Order)(Ballweg, Alane) (Entered: 11/25/2024)
2024-11-25MINUTE ORDER: Upon consideration of the parties' 28 Joint Status Report, it is hereby ORDERED that the parties shall file a further joint status report by January 9, 2025. Signed by Judge Timothy J. Kelly on 11/25/2024. (lctjk1) (Entered: 11/25/2024)
2025-01-0929Joint STATUS REPORT by WAR HORSE NEWS, SONNER KEHRT. (Attachments: # 1 Text of Proposed Order)(Zhang, Annie) (Entered: 01/09/2025)
2025-01-10MINUTE ORDER: Upon consideration of the parties' 29 Joint Status Report, it is hereby ORDERED that the parties shall file a further joint status report by February 21, 2025. Signed by Judge Timothy J. Kelly on 1/10/2025. (lctjk1) (Entered: 01/10/2025)
2025-02-2130Joint STATUS REPORT by WAR HORSE NEWS, SONNER KEHRT. (Attachments: # 1 Text of Proposed Order)(Zhang, Annie) (Entered: 02/21/2025)
2025-02-23MINUTE ORDER: Upon consideration of the parties' 30 Joint Status Report, it is hereby ORDERED that the parties shall file a further joint status report by April 4, 2025. Signed by Judge Timothy J. Kelly on 2/23/2025. (lctjk1) (Entered: 02/23/2025)
2025-04-0431Joint STATUS REPORT by UNITED STATES ARMY, UNITED STATES DEPARTMENT OF DEFENSE. (Attachments: # 1 Text of Proposed Order)(Ballweg, Alane) (Entered: 04/04/2025)
2025-04-07MINUTE ORDER: Upon consideration of the parties' 31 Joint Status Report, it is hereby ORDERED that the parties shall file a further joint status report by May 2, 2025. Signed by Judge Timothy J. Kelly on 4/7/2025. (lctjk1) (Entered: 04/07/2025)
2025-05-0232Joint STATUS REPORT by SONNER KEHRT, WAR HORSE NEWS. (Attachments: # 1 [Proposed] Order)(Zhang, Annie) (Entered: 05/02/2025)
2025-05-05MINUTE ORDER: Upon consideration of the parties' 32 Joint Status Report, it is hereby ORDERED that the parties shall file a further joint status report by June 6, 2025. Signed by Judge Timothy J. Kelly on 5/5/2025. (lctjk1) (Entered: 05/05/2025)
2025-05-2133NOTICE OF SUBSTITUTION OF COUNSEL by Brian Christopher Tracy on behalf of All Defendants Substituting for attorney Alane Ballweg (Tracy, Brian) (Entered: 05/21/2025)
2025-06-0634Joint STATUS REPORT by SONNER KEHRT, WAR HORSE NEWS. (Attachments: # 1 Proposed Minute Order)(Zhang, Annie) (Entered: 06/06/2025)
2025-06-09MINUTE ORDER: Upon consideration of the parties' 34 Joint Status Report, it is hereby ORDERED that the parties shall file a further joint status report by July 31, 2025. Signed by Judge Timothy J. Kelly on 6/9/2025. (lctjk1) (Entered: 06/09/2025)
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