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Case TitleSMITH v. DEPARTMENT OF DEFENSE
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2014cv01611
Date Filed2014-09-23
Date Closed2015-03-09
JudgeJudge Tanya S. Chutkan
PlaintiffGRANT F. SMITH
Case DescriptionGrant Smith of the Institute for Research: Middle Eastern Policy submitted a FOIA request to the Department of Defense for a 1987 Institute for Defense Analyses report entitled "Current Technology Issues in Israel." The agency withheld the report under a variety of statutes it claimed prohibited disclosure under Exemption 3 (other statutes). Smith appealed the denial and after considerable back and forth over two years, the agency had not responded to his appeal and he filed suit.
Complaint issues: Failure to respond within statutory time limit, Exemption 3, Litigation - Attorney's fees

DefendantDEPARTMENT OF DEFENSE
Documents
Docket
Complaint
Complaint attachment 1
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2014-09-231COMPLAINT against DEPARTMENT OF DEFENSE ( Filing fee $ 400, receipt number 4616066017) filed by GRANT F. SMITH. (Attachments: # 1 Civil Cover Sheet)(td, ) (Entered: 09/23/2014)
2014-09-232MOTION for CM/ECF Password by GRANT F. SMITH (td, ) (Entered: 09/23/2014)
2014-09-23SUMMONS (3) Issued as to DEPARTMENT OF DEFENSE, U.S. Attorney and U.S. Attorney General (td, ) (Entered: 09/23/2014)
2014-09-24MINUTE ORDER: Granting 2 Plaintiff's Motion for CM/ECF Password. Signed by Judge Tanya S. Chutkan on 9/24/14. (DJS) (Entered: 09/24/2014)
2014-10-023RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 9/30/2014. Answer due for ALL FEDERAL DEFENDANTS by 10/30/2014. (SMITH, GRANT) (Entered: 10/02/2014)
2014-10-024RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 09/30/2014. (SMITH, GRANT) (Entered: 10/02/2014)
2014-10-025RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. DEPARTMENT OF DEFENSE served on 9/29/2014 (SMITH, GRANT) (Entered: 10/02/2014)
2014-10-286NOTICE of Appearance by Laura Emily Jennings on behalf of DEPARTMENT OF DEFENSE (Jennings, Laura) (Entered: 10/28/2014)
2014-10-297MOTION for Extension of Time to File Response/Reply by DEPARTMENT OF DEFENSE (Jennings, Laura) (Entered: 10/29/2014)
2014-10-298RESPONSE re 7 MOTION for Extension of Time to File Response/Reply Response filed by GRANT F. SMITH. (Attachments: # 1 Text of Proposed Order Motion to Deny)(SMITH, GRANT) (Entered: 10/29/2014)
2014-10-309REPLY to opposition to motion re 7 MOTION for Extension of Time to File Response/Reply filed by DEPARTMENT OF DEFENSE. (Jennings, Laura) (Entered: 10/30/2014)
2014-10-3110RESPONSE re 7 MOTION for Extension of Time to File Response/Reply to Defendant October 30 motion filed by GRANT F. SMITH. (SMITH, GRANT) (Entered: 10/31/2014)
2014-10-31MINUTE ORDER: GRANTING in part and denying in part 7 Defendant's Motion for Extension of Time to File Response/Reply. Defendant's Motion for an extension is granted, EXCEPT that Defendant shall answer or otherwise respond to the complaint not later than November 19, 2014. Further, in the future Defendant shall be mindful to comply with Local Civil Rule 7(c) regarding proposed orders. Signed by Judge Tanya S. Chutkan on 10/31/14. (DJS) (Entered: 10/31/2014)
2014-10-31Set/Reset Deadlines: Answer due by 11/19/2014. (zsm) (Entered: 10/31/2014)
2014-11-1911MOTION for Extension of Time to File Response/Reply by DEPARTMENT OF DEFENSE (Attachments: # 1 Declaration, # 2 Text of Proposed Order)(Jennings, Laura) (Entered: 11/19/2014)
2014-11-20MINUTE ORDER: Setting Hearing on 11 MOTION for Extension of Time to File Response/Reply. Motion Hearing set for 11/21/2014 11:00 AM in Courtroom 2 before Judge Tanya S. Chutkan. Signed by Judge Tanya S. Chutkan on 11/20/2014. (lctsc2) (Entered: 11/20/2014)
2014-11-2012RESPONSE re 11 MOTION for Extension of Time to File Response/Reply Request for denial filed by GRANT F. SMITH. (Attachments: # 1 Text of Proposed Order Deny Defendant motion for extension)(SMITH, GRANT) (Entered: 11/20/2014)
2014-11-21Minute Order. Motion hearing held before Judge Tanya S. Chutkan: Granting 11 Motion for Extension of Time to File an Answer to the Complaint by 11/26/2014. (Court Reporter Barbara De Vico) (gdf) (Entered: 11/21/2014)
2014-11-24MINUTE ORDER: Defendant must file an Answer by 11/26/2014. The Court will thereafter direct the parties with respect to a proposed scheduling order. Defendant must continue to process Plaintiff's FOIA request in the interim. Signed by Judge Tanya S. Chutkan on 11/24/2014. (lctsc2) (Entered: 11/24/2014)
2014-11-2513TRANSCRIPT OF PROCEEDINGS before Judge Tanya S. Chutkan held on 11-21-14; Page Numbers: 1-17. Date of Issuance:11-25-14. Court Reporter/Transcriber Barbara DeVico, Telephone number 202-354-3118, Court Reporter Email Address : Barbara_DeVico@dcd.uscourts.gov.<P></P>For the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed or ASCII) may be purchased from the court reporter.<P> NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at ww.dcd.uscourts.gov.<P></P> Redaction Request due 12/16/2014. Redacted Transcript Deadline set for 12/26/2014. Release of Transcript Restriction set for 2/23/2015.(DeVico, Barbara) (Entered: 11/25/2014)
2014-11-2614ANSWER to 1 Complaint by DEPARTMENT OF DEFENSE.(Jennings, Laura) (Entered: 11/26/2014)
2014-12-05MINUTE ORDER: Defendant shall respond to Plaintiff's FOIA request by December 19, 2014. Defendant must file any dispositive motion by January 9, 2015. Plaintiff must file its opposition by January 23, 2015. Defendant's reply must be filed by January 30, 2015. Should motions briefing not be necessary after Defendant responds to Plaintiff's FOIA request, the parties shall so notify the Court. Signed by Judge Tanya S. Chutkan on 12/5/2014. (lctsc2) (Entered: 12/05/2014)
2014-12-05Set/Reset Deadlines: Dispositive Motions due by 1/9/2015. Response to Dispositive Motions due by 1/23/2015. Reply to Dispositive Motions due by 1/30/2015. (sm) (Entered: 12/05/2014)
2014-12-1915MOTION to Modify Scheduling Order by DEPARTMENT OF DEFENSE (Attachments: # 1 Declaration, # 2 Text of Proposed Order)(Jennings, Laura) (Entered: 12/19/2014)
2014-12-22MINUTE ORDER: Plaintiff must file any response to Defendant's 15 Motion to Modify the Scheduling Order by December 26, 2014. Signed by Judge Tanya S. Chutkan on 12/22/2014. (lctsc2) (Entered: 12/22/2014)
2014-12-23Set/Reset Deadlines: Plaintiff's Response to Motion to Modify the Scheduling Order due by 12/26/2014. (sm) (Entered: 12/23/2014)
2014-12-2616RESPONSE to re 15 MOTION to Modify Scheduling Order in favor of in camera review filed by GRANT F. SMITH. (Attachments: # 1 Text of Proposed Order To deny scheduling modification in favor of in camera review)(SMITH, GRANT) Modified on 12/28/2014 (jf, ). (Entered: 12/26/2014)
2015-01-0517REPLY to opposition to motion re 15 MOTION to Modify Scheduling Order filed by DEPARTMENT OF DEFENSE. (Jennings, Laura) (Entered: 01/05/2015)
2015-01-07Set/Reset Hearings: Telephone Conference set for 1/7/2015 at 3:00 PM in Chambers before Judge Tanya S. Chutkan. (sm) (Entered: 01/07/2015)
2015-01-07category (jf, ) (Entered: 01/07/2015)
2015-01-0718SURREPLY to opposition to motion re 15 MOTION to Modify Scheduling Order and 1/5/2015 Defendant Reply filed by GRANT F. SMITH. (SMITH, GRANT) Modified to edit event to "Surreply" on 1/7/2015 (td, ). (Entered: 01/07/2015)
2015-01-0719RESPONSE re 15 MOTION to Modify Scheduling Order filed by DEPARTMENT OF DEFENSE. (Attachments: # 1 Notice of Filing)(Jennings, Laura) (Entered: 01/07/2015)
2015-01-08MINUTE ORDER: Granting 15 Motion to Modify Scheduling Order, except that Defendant's response is due February 12, 2015. By that date, Defendant must inform the Court as to whether they intend to withhold the records at issue pursuant to 10 U.S.C. § 130c. If Defendant is not prepared to state unequivocally whether they are invoking § 130c by February 12, the Court will review the records in camera and set a briefing schedule for dispositive motions. Set/Reset Deadlines: Status Report due by 2/12/2015. Signed by Judge Tanya S. Chutkan on 1/8/2015. (lctsc2) (Entered: 01/08/2015)
2015-01-08ENTERED IN ERROR.....Set/Reset Deadlines: Dispositive Motions due by 1/26/2015. Reply to Dispositive Motions due by 2/2/2015. Defendant's Reply due by 2/9/2015. Plaintiff's Response due by 2/12/2015. Status Report due by 2/12/2015. (sm) Modified on 1/14/2015 (sm). (Entered: 01/08/2015)
2015-01-14Set/Reset Deadlines: Plaintiff's Response due by 2/12/2015. Status Report due by 2/12/2015. (sm) (Entered: 01/14/2015)
2015-02-1020NOTICE of Filing by DEPARTMENT OF DEFENSE (Jennings, Laura) (Entered: 02/10/2015)
2015-02-1221STATUS REPORT by DEPARTMENT OF DEFENSE. (Jennings, Laura) (Entered: 02/12/2015)
2015-02-12MINUTE ORDER: In light of the 21 Status Report filed by Defendant, the parties must file a joint status report by February 26, 2015, indicating whether further litigation is necessary in this matter. Signed by Judge Tanya S. Chutkan on 2/12/2015. (lctsc2) (Entered: 02/12/2015)
2015-02-12Set/Reset Deadlines: Status Report due by 2/26/2015. (sm) (Entered: 02/12/2015)
2015-02-2622STIPULATION of Settlement and Voluntary Dismissal (Joint) by DEPARTMENT OF DEFENSE. (Jennings, Laura) (Entered: 02/26/2015)
2015-02-2623NOTICE OF SUBSTITUTION OF COUNSEL by Eric Joseph Young on behalf of All Defendants Substituting for attorney Laura E. Jennings (Young, Eric) (Entered: 02/26/2015)
2015-03-0724ORDER OF DISMISSAL: In light of the Joint Stipulation of Settlement and Voluntary Dismissal filed by the parties, (ECF No. 22), this action is hereby dismissed with prejudice pursuant to Fed. R. Civ. P. 41(a)(1)(A)(ii). Signed by Judge Tanya S. Chutkan on 3/7/14. (DJS) (Entered: 03/07/2015)
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