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Case TitleGULLEY v. DEPARTMENT OF THE ARMY
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2019cv01283
Date Filed2019-05-02
Date Closed2020-12-03
JudgeJudge Emmet G. Sullivan
PlaintiffRICHARD GULLEY
Case DescriptionRichard Gulley submitted a FOIA request to the Department of the Army for records concerning Inspector General investigations within the past five years addressing allegations that the Army improperly withheld pay or entitlements for Reserve component members. The agency acknowledged receipt of the request, but after hearing nothing further from the agency, Gulley filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantUNITED STATES ARMY
1500 Defense Pentagon
Washington, DC 20310
DefendantDEPARTMENT OF THE ARMY
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2019-05-021COMPLAINT against All Defendants ( Filing fee $ 400 receipt number 0090-6099346) filed by RICHARD GULLEY. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons, # 4 Summons)(Hughes, Patrick) (Entered: 05/02/2019)
2019-05-03Case Assigned to Judge Emmet G. Sullivan. (zef, ) (Entered: 05/03/2019)
2019-05-032ENTERED IN ERROR.....SUMMONS (3) Issued Electronically as to DEPARTMENT OF THE ARMY, U.S. Attorney and U.S. Attorney General. (Attachments: # 1 Notice and Consent)(zef, ) Modified on 5/3/2019 (zef, ). (Entered: 05/03/2019)
2019-05-03NOTICE OF CORRECTED DOCKET ENTRY: re 2 Summons Issued Electronically as to AUSA was entered in error and counsel was instructed to refile Summons for FOIA Nature of Suit cases. (zef, ) (Entered: 05/03/2019)
2019-05-03SUMMONS Not Issued as to DEPARTMENT OF THE ARMY. (zef, ) (Entered: 05/03/2019)
2019-05-063REQUEST FOR SUMMONS TO ISSUE filed by RICHARD GULLEY. (Attachments: # 1 Summons, # 2 Summons)(Hughes, Patrick) (Entered: 05/06/2019)
2019-05-084SUMMONS (3) Issued Electronically as to DEPARTMENT OF THE ARMY, U.S. Attorney and U.S. Attorney General (jf) (Entered: 05/08/2019)
2019-05-105STANDING ORDER: The parties are directed to read the attached Standing Order Governing Civil Cases Before Judge Emmet G. Sullivan in its entirety upon receipt. The parties are hereby ORDERED to comply with the directives in the attached Standing Order. Signed by Judge Emmet G. Sullivan on 05/10/19. (Attachment: Exhibit 1) (mac) (Entered: 05/10/2019)
2019-07-236RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. DEPARTMENT OF THE ARMY served on 7/22/2019 (Hughes, Patrick) (Entered: 07/23/2019)
2019-07-237RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 7/23/2019. (Hughes, Patrick) (Entered: 07/23/2019)
2019-07-238RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 7/23/2019. Answer due for ALL FEDERAL DEFENDANTS by 8/22/2019. (Hughes, Patrick) (Entered: 07/23/2019)
2019-08-229ANSWER to Complaint by DEPARTMENT OF THE ARMY.(Haugh, Jeremy) (Entered: 08/22/2019)
2019-10-02MINUTE ORDER. Plaintiff brings this action pursuant to the Freedom of Information Act (FOIA), 5 U.S.C. § 552. The parties are directed to meet and confer and propose a joint scheduling order for further proceedings in this case by no later than November 8, 2019. The parties joint proposed scheduling order shall address the following: (1) The status of plaintiffs FOIA request; (2) The anticipated number of documents responsive to plaintiffs FOIA request; (3) The anticipated date(s) for release of documents responsive to plaintiffs FOIA request; (4)Whether a motion for an Open America stay is likely in this case; (5) Whether a Vaughn index will be required in this case; (6) Whether this case would benefit from referral to a magistrate judge or the District Court Mediation Program for purposes of settlement; and (7) A proposed briefing schedule for dispositive motions, if applicable. If the parties are unable to agree on a joint recommendation, the joint proposed scheduling order shall include each partys individual recommendations. Signed by Judge Emmet G. Sullivan on 10/2/2019. (lcegs2) (Entered: 10/02/2019)
2019-10-03Set/Reset Deadlines: Joint Proposed Scheduling Order due by 11/8/2019. (mac) (Entered: 10/03/2019)
2019-11-0810Joint STATUS REPORT by DEPARTMENT OF THE ARMY. (Attachments: # 1 Text of Proposed Order)(Haugh, Jeremy) (Entered: 11/08/2019)
2019-11-12MINUTE ORDER. Upon consideration of 10 the parties' joint status report, the parties are directed to file a further joint status report by no later than December 9, 2019. Signed by Judge Emmet G. Sullivan on 11/12/2019. (lcegs2) (Entered: 11/12/2019)
2019-11-13Set/Reset Deadlines: Further Joint Status Report due by 12/9/2019. (mac) (Entered: 11/13/2019)
2019-12-0911Joint STATUS REPORT by DEPARTMENT OF THE ARMY. (Haugh, Jeremy) (Entered: 12/09/2019)
2019-12-10MINUTE ORDER. In view of the parties joint status report, the parties are directed to file a further joint status report by no later than January 9, 2020. Signed by Judge Emmet G. Sullivan on 12/10/2019. (lcegs2) (Entered: 12/10/2019)
2019-12-10Set/Reset Deadlines: Joint Status Report due by 1/9/2020. (mac) (Entered: 12/10/2019)
2020-01-0912Joint STATUS REPORT by DEPARTMENT OF THE ARMY. (Haugh, Jeremy) (Entered: 01/09/2020)
2020-01-09MINUTE ORDER. Upon consideration of 12 the parties' joint status report the following briefing schedule shall govern these proceedings. Plaintiff shall file a motion for summary judgment by no later than March 16, 2020. Defendant shall file its reply by no later than April 15, 2020. Plaintiff shall file a reply by no later than April 29, 2020. Signed by Judge Emmet G. Sullivan on 1/9/2020. (lcegs2) (Entered: 01/09/2020)
2020-01-10Set/Reset Deadlines: Plaintiff Motion For Summary Judgment due by 3/16/2020. Defendant Reply due by 4/15/2020. Plaintiff Reply due by 4/29/2020. (mac) (Entered: 01/10/2020)
2020-03-1313Consent MOTION for Extension of Time to File Motion for Summary Judgment by RICHARD GULLEY (Hughes, Patrick) (Entered: 03/13/2020)
2020-03-13MINUTE ORDER granting 13 Consent MOTION for Extension of Time to File Motion for Summary Judgment. The current briefing schedule is vacated, and the following briefing schedule shall govern these proceedings: Plaintiff shall file a motion for summary judgment by no later than March 23, 2020. Defendant shall file its Response by no later than April 22, 2020. Plaintiff shall file a reply by no later than May 6, 2020. Plaintiff is reminded that Local Civil Rule 7(c) requires that "[e]ach motion and opposition shall be accompanied by a proposed order." Signed by Judge Emmet G. Sullivan on 3/13/2020. (lcegs2) Modified on 3/13/2020 (lcegs2). (Entered: 03/13/2020)
2020-03-2314MOTION for Summary Judgment by RICHARD GULLEY (Attachments: # 1 Statement of Facts, # 2 Exhibit Exhibits 1-8)(Hughes, Patrick) (Entered: 03/23/2020)
2020-04-0215Consent MOTION to Stay Proceedings by DEPARTMENT OF THE ARMY (Haugh, Jeremy) (Entered: 04/02/2020)
2020-04-02MINUTE ORDER denying without prejudice 15 Consent MOTION to Stay Proceedings for failure to comply with Local Civil Rule 7(c). Any subsequent motion shall be accompanied by a proposed order. LCvR 7(c) ("Each motion and opposition shall be accompanied by a proposed order."). Signed by Judge Emmet G. Sullivan on 4/2/2020. (lcegs2) (Entered: 04/02/2020)
2020-04-0216Consent MOTION to Stay Proceedings by DEPARTMENT OF THE ARMY (Attachments: # 1 Text of Proposed Order)(Haugh, Jeremy) (Entered: 04/02/2020)
2020-04-03MINUTE ORDER granting 16 Consent MOTION to Stay Proceedings. The proceedings in this case are STAYED. The parties shall file a Joint Status Report by no later than June 2, 2020 advising the Court of Defendants production progress and whether the parties agree to request that the STAY be continued, or if one or both parties requests that the stay be lifted and summary judgment briefing be reinstated. Signed by Judge Emmet G. Sullivan on 4/3/2020. (lcegs2) (Entered: 04/03/2020)
2020-04-06Set/Reset Deadlines: Joint Status Report due by 6/2/2020. (mac) (Entered: 04/06/2020)
2020-06-0217Joint STATUS REPORT by DEPARTMENT OF THE ARMY. (Haugh, Jeremy) (Entered: 06/02/2020)
2020-06-02MINUTE ORDER. In view of 17 Joint STATUS REPORT, the proceedings in this case shall remain STAYED. The parties shall file a Joint Status Report by no later than July 3, 2020 advising the Court of Defendants' production progress and whether the parties agree to request that the STAY be continued, or if one or both parties requests that the stay be lifted and summary judgment briefing be reinstated. Signed by Judge Emmet G. Sullivan on 6/2/2020. (lcegs2) (Entered: 06/02/2020)
2020-06-03Set/Reset Deadlines: Joint Status Report due by 7/3/2020. (mac) (Entered: 06/03/2020)
2020-07-0218Joint STATUS REPORT by DEPARTMENT OF THE ARMY. (Haugh, Jeremy) (Entered: 07/02/2020)
2020-07-04MINUTE ORDER. In view of 18 Joint STATUS REPORT, the proceedings in this case shall remain STAYED. The parties shall file a Joint Status Report by no later than August 3, 2020. Signed by Judge Emmet G. Sullivan on 7/4/2020. (lcegs2) (Entered: 07/04/2020)
2020-07-06Set/Reset Deadlines: Joint Status Report due by 8/3/2020. (mac) (Entered: 07/06/2020)
2020-08-0319Joint STATUS REPORT by DEPARTMENT OF THE ARMY. (Haugh, Jeremy) (Entered: 08/03/2020)
2020-08-03MINUTE ORDER. In view of 19 Joint STATUS REPORT, the proceedings in this case shall remain STAYED. The parties shall file a Joint Status Report by no later than September 2, 2020. Signed by Judge Emmet G. Sullivan on 8/3/2020. (lcegs2) (Entered: 08/03/2020)
2020-08-04Set/Reset Deadlines: Joint Status Report due by 9/2/2020 (mac) (Entered: 08/04/2020)
2020-08-3120NOTICE OF SUBSTITUTION OF COUNSEL by Sean Patrick Mahard on behalf of DEPARTMENT OF THE ARMY Substituting for attorney Jeremy A. Haugh (Mahard, Sean) (Entered: 08/31/2020)
2020-09-0221Joint STATUS REPORT by DEPARTMENT OF THE ARMY. (Mahard, Sean) (Entered: 09/02/2020)
2020-09-02MINUTE ORDER. In view of 21 Joint STATUS REPORT, the proceedings in this case shall remain STAYED. The parties shall file a Joint Status Report by no later than October 2, 2020. Signed by Judge Emmet G. Sullivan on 9/2/2020. (lcegs2) (Entered: 09/02/2020)
2020-09-02Set/Reset Deadlines: Joint Status Report due by 10/2/2020 (mac) (Entered: 09/02/2020)
2020-10-0222Joint STATUS REPORT by DEPARTMENT OF THE ARMY. (Mahard, Sean) (Entered: 10/02/2020)
2020-10-02MINUTE ORDER. In view of 22 Joint STATUS REPORT, the proceedings in this case shall remain STAYED. The parties shall file a Joint Status Report by no later than November 2, 2020. Signed by Judge Emmet G. Sullivan on 10/2/2020. (lcegs2) (Entered: 10/02/2020)
2020-10-02Set/Reset Deadlines: Joint Status Report due by 11/2/2020 (mac) (Entered: 10/02/2020)
2020-11-0223Joint STATUS REPORT by DEPARTMENT OF THE ARMY. (Mahard, Sean) (Entered: 11/02/2020)
2020-12-01MINUTE ORDER. In view of 23 Joint STATUS REPORT, the proceedings in this case shall remain STAYED. The parties shall file a Joint Status Report by no later than December 2, 2020, as parties agreed to in the Joint Status Report. Signed by Judge Emmet G. Sullivan on 12/1/2020. (lcegs2) (Entered: 12/01/2020)
2020-12-01Set/Reset Deadlines: Joint Status Report due by 12/2/2020 (mac) (Entered: 12/01/2020)
2020-12-0224STIPULATION of Dismissal (Joint) by DEPARTMENT OF THE ARMY. (Mahard, Sean) (Entered: 12/02/2020)
2020-12-02MINUTE ORDER. In view of Parties' 24 STIPULATION of Dismissal, this case is HEREBY dismissed with prejudice. The Clerk of Court is directed to close this case. Signed by Judge Emmet G. Sullivan on 12/2/2020. (lcegs2) (Entered: 12/02/2020)
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