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Case TitleVOLGADNEPR - UNIQUE AIR CARGO, INC. v. DEPARTMENT OF DEFENSE
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2016cv02151
Date Filed2016-10-26
Date ClosedOpen
JudgeJudge Colleen Kollar-Kotelly
PlaintiffVOLGADNEPR - UNIQUE AIR CARGO, INC.
Case DescriptionVolgadnepr " Unique Air Cargo, Inc. submitted several FOIA requests to the Department of Defense's U.S. Transportation Command for records concerning its decision to prohibit the company from carrying cargo for the agency under contract. The agency disclosed 41 pages, most of which were heavily redacted. Volgadnepr appealed the decision, but the agency had not resolved the appeal before the company filed suit. Volgadnepr also submitted a second FOIA request, which had not been responded to before the company filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees, Adequacy - Search

DefendantDEPARTMENT 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
Complaint attachment 8
Complaint attachment 9
Complaint attachment 10
Complaint attachment 11
Complaint attachment 12
Complaint attachment 13
Complaint attachment 14
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2016-10-261COMPLAINT against DEPARTMENT OF DEFENSE ( Filing fee $ 400 receipt number 0090-4723316) filed by VOLGADNEPR - UNIQUE AIR CARGO, INC.. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Exhibit 9, # 11 Exhibit 10, # 12 Exhibit 11, # 13 Exhibit 12, # 14 Exhibit 13)(Guiffre, Thomas) (Entered: 10/26/2016)
2016-10-312ERRATA pursuant to LCvR 5.1(c) by VOLGADNEPR - UNIQUE AIR CARGO, INC. 1 Complaint, filed by VOLGADNEPR - UNIQUE AIR CARGO, INC.. (Guiffre, Thomas) (Entered: 10/31/2016)
2016-10-313REQUEST FOR SUMMONS TO ISSUE re 1 Complaint, filed by VOLGADNEPR - UNIQUE AIR CARGO, INC.. Related document: 1 Complaint, filed by VOLGADNEPR - UNIQUE AIR CARGO, INC.. (Attachments: # 1 Summons, # 2 Summons)(Guiffre, Thomas) (Entered: 10/31/2016)
2016-11-01Case Assigned to Judge Colleen Kollar-Kotelly. (sb) (Entered: 11/01/2016)
2016-11-014SUMMONS (3) Issued Electronically as to DEPARTMENT OF DEFENSE, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Consent Form)(sb) (Entered: 11/01/2016)
2016-11-015ORDER Establishing Procedures for Cases Assigned to Judge Colleen Kollar-Kotelly. Signed by Judge Colleen Kollar-Kotelly on November 1, 2016. (NS) (Entered: 11/01/2016)
2016-11-046Corporate Disclosure Statement by VOLGADNEPR - UNIQUE AIR CARGO, INC.. (Guiffre, Thomas) (Entered: 11/04/2016)
2016-11-077WITHDRAWN PURSUANT TO NOTICE FILED 11/21/2016..... MOTION for Preliminary Injunction / Plaintiff's Motion for a Preliminary Injunction and Memorandum of Points and Authorities in Support of Plaintiff's Motion for a Preliminary Injunction by VOLGADNEPR - UNIQUE AIR CARGO, INC. (Attachments: # 1 Text of Proposed Order, # 2 Affidavit, # 3 Exhibit 1, # 4 Exhibit 2, # 5 Exhibit 3, # 6 Exhibit 4, # 7 Exhibit 5, # 8 Exhibit 6, # 9 Exhibit 7, # 10 Exhibit 8, # 11 Exhibit 9, # 12 Exhibit 10, # 13 Exhibit 11, # 14 Exhibit 12, # 15 Exhibit 13)(Guiffre, Thomas) Modified on 11/22/2016 (znmw). (Entered: 11/07/2016)
2016-11-07MINUTE ORDER. The Court is in receipt of Plaintiff's 7 Motion for Preliminary Injunction. It is not apparent from Plaintiff's filings or the public docket whether this Motion has been served on Defendant. Plaintiff is ORDERED to file by no later than tomorrow, NOVEMBER 8, 2016 by 2:00 pm, a notice informing the Court whether the Motion and the Complaint have been successfully served on Defendant, the specifics of such service, whether Plaintiff has had any contact with the U.S. Attorney's Office or agency counsel for Defendant on this matter, and with whom they have had such contact. The Court will consider a briefing schedule for Plaintiff's Motion after it has received this information. Signed by Judge Colleen Kollar-Kotelly on 11/7/2016. (lcckk3) (Entered: 11/07/2016)
2016-11-088RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. DEPARTMENT OF DEFENSE served on 11/2/2016 (Guiffre, Thomas) (Entered: 11/08/2016)
2016-11-089NOTICE / Plaintiff's Notice Concerning Service of Plaintiffs Complaint and Motion for Preliminary Injunction on Defendant by VOLGADNEPR - UNIQUE AIR CARGO, INC. re Order,,, 7 MOTION for Preliminary Injunction / Plaintiff's Motion for a Preliminary Injunction and Memorandum of Points and Authorities in Support of Plaintiff's Motion for a Preliminary Injunction (Guiffre, Thomas) (Entered: 11/08/2016)
2016-11-0910NOTICE of Appearance by Carl Ezekiel Ross on behalf of DEPARTMENT OF DEFENSE (Ross, Carl) (Entered: 11/09/2016)
2016-11-0911RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 11/2/16., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 11/2/2016. ( Answer due for ALL FEDERAL DEFENDANTS by 12/2/2016.) (See Docket Entry 8 to view document). (znmw) (Entered: 11/09/2016)
2016-11-10Set/Reset Hearings: Telephone Conference set for 11/10/2016 at 3:30 PM in Courtroom 28A before Judge Colleen Kollar-Kotelly. (dot) (Entered: 11/15/2016)
2016-11-10Minute Entry for proceedings held before Judge Colleen Kollar-Kotelly: Telephone Conference held on 11/10/2016. (Court Reporter William Zaremba.) (dot) (Entered: 11/15/2016)
2016-11-14MINUTE ORDER. The Court held a telephonic conference on the record in this matter on November 11, 2016. During that conference the parties agreed on the following schedule for the briefing of Plaintiff's 7 Motion for Preliminary Injunction. Defendant shall file a response to Plaintiff's Motion by no later than NOVEMBER 21, 2016. Plaintiff shall file a reply by no later than NOVEMBER 28, 2016. The parties also agreed to consider whether they could agree to a mutually acceptable time frame for Defendant to respond to Plaintiff's FOIA requests without the necessity of briefing and resolving a Motion for Preliminary Injunction. Signed by Judge Colleen Kollar-Kotelly on 11/14/2016. (lcckk3) (Entered: 11/14/2016)
2016-11-14Set/Reset Deadlines: Defendant shall file a Response to 7 by 11/21/2016; and Reply due by 11/28/2016. (dot) (Entered: 11/14/2016)
2016-11-1512AFFIDAVIT re 7 MOTION for Preliminary Injunction / Plaintiff's Motion for a Preliminary Injunction and Memorandum of Points and Authorities in Support of Plaintiff's Motion for a Preliminary Injunction by VOLGADNEPR - UNIQUE AIR CARGO, INC.. (Guiffre, Thomas) (Entered: 11/15/2016)
2016-11-2113NOTICE OF WITHDRAWAL OF MOTION by VOLGADNEPR - UNIQUE AIR CARGO, INC. re 7 MOTION for Preliminary Injunction / Plaintiff's Motion for a Preliminary Injunction and Memorandum of Points and Authorities in Support of Plaintiff's Motion for a Preliminary Injunction (Guiffre, Thomas) (Entered: 11/21/2016)
2016-11-22MINUTE ORDER. The Court is in receipt of Plaintiff's 13 Notice of Withdrawal, Without Prejudice, of Plaintiff's Motion for Preliminary Injunction. Plaintiff represents that Defendant has made certain agreements with respect to processing Plaintiff's FOIA requests by December 31, 2016. The parties are accordingly ORDERED to file a Joint Status Report by no later than JANUARY 2, 2017 regarding the status of Plaintiff's requests and the need for further proceedings in this matter. Signed by Judge Colleen Kollar-Kotelly on 11/22/2016. (lcckk3) (Entered: 11/22/2016)
2016-11-22Set/Reset Deadlines: Joint Status Report due by 1/2/2017. (dot) (Entered: 11/22/2016)
2016-12-0114Consent MOTION for Extension of Time to File Answer re 1 Complaint, by DEPARTMENT OF DEFENSE (Attachments: # 1 Text of Proposed Order)(Ross, Carl) (Entered: 12/01/2016)
2016-12-01MINUTE ORDER. The Court is in receipt of Defendant's 14 Consent Motion for Extension of Time. Defense counsel represents that he was recently assigned to this matter and has not yet been able to obtain all the information needed to respond to Plaintiff's Complaint. Defense counsel represents that this is Defendant's first request for an extension of time to file an answer in this action, that the requested relief will not affect any other deadlines, and that Plaintiff consents. Accordingly, Defendant's motion is GRANTED. Defendant shall file an answer or otherwise respond to Plaintiff's complaint by no later than DECEMBER 15, 2016. Signed by Judge Colleen Kollar-Kotelly on 12/1/2016. (lcckk3) (Entered: 12/01/2016)
2016-12-01Set/Reset Deadlines: Answer due by 12/15/2016.(dot) (Entered: 12/07/2016)
2016-12-1515ANSWER to Complaint by DEPARTMENT OF DEFENSE.(Ross, Carl) (Entered: 12/15/2016)
2017-01-0216STATUS REPORT by VOLGADNEPR - UNIQUE AIR CARGO, INC.. (Guiffre, Thomas) (Entered: 01/02/2017)
2017-01-04MINUTE ORDER. The Court is in receipt of Plaintiff's 16 Status Report. The parties were ordered to file a Joint Status Report by no later than January 2, 2017 regarding the status of Plaintiff's requests and the need for further proceedings in this matter. Plaintiff represents that it attempted, but was unable to, confer with Defendant to prepare a Joint Status Report and that Plaintiff anticipates the need for further proceedings in this matter. Defendant is ORDERED to file a response to Plaintiff's Status Report by CLOSE OF BUSINESS TODAY, JANUARY 4, 2017. The response should indicate why Defendant was unable to confer with Plaintiff on the filing of a Joint Status Report, the status of the processing of Plaintiff's FOIA requests, which Plaintiff previously indicated that Defendant had represented would be completed, at least in part, by December 31, 2016, and Defendant's position on whether further proceedings will be needed in this matter. Signed by Judge Colleen Kollar-Kotelly on 1/4/2017. (lcckk3) (Entered: 01/04/2017)
2017-01-0417STATUS REPORT by DEPARTMENT OF DEFENSE. (Attachments: # 1 Declaration)(Ross, Carl) (Entered: 01/04/2017)
2017-01-05MINUTE ORDER. The Court is in receipt of Defendant's 17 Status Report. Defendant represents that it was unable to meet the agreed upon production schedule in this matter due in part to the hospitalization of the United States Transportation Command's Program Manager for FOIA and her subsequent unavailability during the holiday. Defense counsel also indicates that he was out of the office on December 31, 2016 and January 2, 2017, and accordingly did not receive Plaintiff's counsel's communications regarding preparing a Joint Status Report until January 3, 2017. Defendant now anticipates releasing the responsive material in question on or before January 6, 2017. Defendant requests that the Court order the parties to file another Joint Status Report on January 27, 2017, so that Plaintiff can have an opportunity to review the produced documents and so that new defense counsel can become familiar with this case, as current counsel is leaving the Department of Justice. Plaintiff consents to this schedule. Accordingly, the Court ORDERS Defendant to make its production of responsive documents by JANUARY 6, 2017, and further ORDERS the parties to file a Joint Status Report regarding the status of Plaintiff's requests and the need for further proceedings in this matter no later than JANUARY 27, 2016. Signed by Judge Colleen Kollar-Kotelly on 1/5/2017. (lcckk3) (Entered: 01/05/2017)
2017-01-05Set/Reset Deadlines: Joint Status Report due by 1/27/2017. (dot) (Entered: 01/05/2017)
2017-01-1818NOTICE OF SUBSTITUTION OF COUNSEL by Melanie Dyani Hendry on behalf of DEPARTMENT OF DEFENSE Substituting for attorney Carl Ross (Hendry, Melanie) (Entered: 01/18/2017)
2017-01-2719Joint STATUS REPORT by VOLGADNEPR - UNIQUE AIR CARGO, INC.. (Guiffre, Thomas) (Entered: 01/27/2017)
2017-01-27MINUTE ORDER. The Court is in receipt of the parties' 19 Joint Status Report. The parties indicate that Plaintiff has made certain complaints about Defendant's initial release of documents in this case and has requested additional information from Defendant. The parties indicate that Defendant will respond to this request by February 10, 2017. The parties request leave to file a joint status report on February 17, 2017. Accordingly, the Court ORDERS the parties to file a Joint Status Report regarding the status of Plaintiff's requests and the need for further proceedings in this matter by no later than FEBRUARY 17, 2017, Signed by Judge Colleen Kollar-Kotelly on 1/27/2017. (lcckk3) Modified on 1/31/2017 (zrdj). (Entered: 01/27/2017)
2017-01-31Set/Reset Deadlines: Joint Status Report due by 2/17/2017. (dot) (Entered: 01/31/2017)
2017-02-1720Joint STATUS REPORT by VOLGADNEPR - UNIQUE AIR CARGO, INC.. (Guiffre, Thomas) (Entered: 02/17/2017)
2017-02-17MINUTE ORDER. The Court is in receipt of the parties' 20 Joint Status Report. The parties indicate that on February 10, 2017 Defendant responded to Plaintiff's request for additional information regarding Defendant's document release in this matter. The parties represent that Plaintiff is now reviewing this response and that the parties are endeavoring to resolve this matter without further litigation. The parties request leave to file a joint status report on March 17, 2017. Accordingly, the Court ORDERS the parties to file a Joint Status Report regarding the status of Plaintiff's requests and the need for further proceedings in this matter by no later than MARCH 17, 2017. Signed by Judge Colleen Kollar-Kotelly on 2/17/2017. (lcckk3) (Entered: 02/17/2017)
2017-02-17Set/Reset Deadlines: Joint Status Report due by 3/17/2017. (dot) (Entered: 02/21/2017)
2017-03-1721Joint STATUS REPORT by VOLGADNEPR - UNIQUE AIR CARGO, INC.. (Guiffre, Thomas) (Entered: 03/17/2017)
2017-03-2022SCHEDULING AND PROCEDURES ORDER. Signed by Judge Colleen Kollar-Kotelly on 3/20/2017. (lcckk3) (Entered: 03/20/2017)
2017-03-20Set/Reset Deadlines: Cross Motions for Summary Judgment due by 5/24/2017. Responses to Cross Motions due by 6/23/2017. Replies to Cross Motions due by 7/14/2017. (dot) (Entered: 03/20/2017)
2017-05-2423MOTION for Summary Judgment by DEPARTMENT OF DEFENSE (Attachments: # 1 Statement of Facts, # 2 Declaration of Darren W. McDew, # 3 Declaration of Mark H. Herrington)(Hendry, Melanie) (Entered: 05/24/2017)
2017-05-2424MOTION for Summary Judgment by VOLGADNEPR - UNIQUE AIR CARGO, INC. (Attachments: # 1 Text of Proposed Order, # 2 Garrett Declaration, # 3 Garrett Decl. Ex. 1, # 4 Garrett Decl. Ex. 2, # 5 Garrett Decl. Ex. 3, # 6 Garrett Decl. Ex. 4, # 7 Miller Affidavit, # 8 Miller Aff. Ex. 1, # 9 Miller Aff. Ex. 2, # 10 Miller Aff. Ex. 3, # 11 Miller Aff. Ex. 4, # 12 Miller Aff. Ex. 5, # 13 Miller Aff. Ex. 6, # 14 Miller Aff. Ex. 7, # 15 Miller Aff. Ex. 8, # 16 Miller Aff. Ex. 9, # 17 Miller Aff. Ex. 10, # 18 Miller Aff. Ex. 11, # 19 Miller Aff. Ex. 12, # 20 Miller Aff. Ex. 13)(Guiffre, Thomas) (Entered: 05/24/2017)
2017-06-1925NOTICE of Appearance by Kenneth John Pfaehler on behalf of VOLGADNEPR - UNIQUE AIR CARGO, INC. (Pfaehler, Kenneth) (Entered: 06/19/2017)
2017-06-1926NOTICE of Appearance by Daniel G. Morris on behalf of VOLGADNEPR - UNIQUE AIR CARGO, INC. (Morris, Daniel) (Entered: 06/19/2017)
2017-06-1927STIPULATION of Dismissal by VOLGADNEPR - UNIQUE AIR CARGO, INC.. (Pfaehler, Kenneth) (Entered: 06/19/2017)
2017-06-1928ORDER Dismissing Case. Signed by Judge Colleen Kollar-Kotelly on 6/19/2017. (lcckk3) (Entered: 06/19/2017)
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