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Case TitleSPLETSTOSER V. DEPARTMENT OF DEFENSE et al.
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2020cv00731
Date Filed2020-03-13
Date Closed2023-10-11
JudgeJudge Ana C. Reyes
PlaintiffKATHRYN SPLETSTOSER
Case DescriptionKathryn Spletstoser submitted a FOIA request to the Department of the Air Force for records concerning the agency's sexual assault investigation of General John Hyten. The agency acknowledged receipt of the request but after hearing nothing further from the agency Spletstoser filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Attorney's fees

DefendantDEPARTMENT OF DEFENSE
Defendant2255
DEPARTMENT OF DEFENSE
2255
DEPARTMENT OF THE AIR FORCE
DefendantDEPARTMENT OF THE AIR FORCE
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
Complaint attachment 7
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2020-03-141COMPLAINT against DEPARTMENT OF DEFENSE, DEPARTMENT OF THE AIR FORCE (Fee Status: $400 receipt number ADCDC-6921045) filed by Kathryn Spletstoser. (Attachments: # 1 Civil Cover Sheet, # 2 Summons (DoD), # 3 Summons (DoD General Counsel), # 4 Summons (Air Force), # 5 Summons (Air Force General Counsel), # 6 Summons (Attorney General), # 7 Summons (U.S. Attorney))(Gebhardt, Daniel) (Entered: 03/14/2020)
2020-03-162MOTION to SEAL Plaintiff's Address by Kathryn Spletstoser (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Gebhardt, Daniel) (Entered: 03/16/2020)
2020-03-16Case Assigned to Judge Colleen Kollar-Kotelly. (adh, ) (Entered: 03/16/2020)
2020-03-163SUMMONS (4) Issued Electronically as to DEPARTMENT OF DEFENSE, DEPARTMENT OF THE AIR FORCE, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(adh, ) (Entered: 03/16/2020)
2020-03-164ORDER granting 2 Motion to Suppress. Signed by Judge Colleen Kollar-Kotelly on 4-16-2020. (lcckk3) (Entered: 03/16/2020)
2020-03-175SEALED DOCUMENT filed by KATHRYN SPLESTOSER re 4 Order on Motion to Suppress (This document is SEALED and only available to authorized persons.)(Gebhardt, Daniel) (Entered: 03/17/2020)
2020-03-206ORDER ESTABLISHING PROCEDURES FOR CASES ASSIGNED TO JUDGE COLLEEN KOLLAR-KOTELLY. Signed by Judge Colleen Kollar-Kotelly on 03/20/20. (DM) (Entered: 03/20/2020)
2020-05-017RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. DEPARTMENT OF DEFENSE served on 4/20/2020 (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Gebhardt, Daniel) (Entered: 05/01/2020)
2020-05-018RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. DEPARTMENT OF THE AIR FORCE served on 4/20/2020 (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Gebhardt, Daniel) (Entered: 05/01/2020)
2020-05-019RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 04/20/2020. (Attachments: # 1 Exhibit 1)(Gebhardt, Daniel) (Entered: 05/01/2020)
2020-05-0110RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 4/20/2020. Answer due for ALL FEDERAL DEFENDANTS by 5/20/2020. (Attachments: # 1 Exhibit 1)(Gebhardt, Daniel) (Entered: 05/01/2020)
2020-05-2011ANSWER to Complaint by DEPARTMENT OF DEFENSE, DEPARTMENT OF THE AIR FORCE.(Simon, Jeremy) (Entered: 05/20/2020)
2020-05-2012ORDER setting meet and confer and joint status hearing. Signed by Judge Colleen Kollar-Kotelly on 5-20-2020. (lcckk3) (Entered: 05/20/2020)
2020-05-20Set/Reset Deadlines: Joint Meet & Confer Statement due by 7/6/2020. (dot) (Entered: 05/21/2020)
2020-07-0613Joint STATUS REPORT by KATHRYN SPLETSTOSER. (Gebhardt, Daniel) (Entered: 07/06/2020)
2020-07-07MINUTE ORDER. The Court is in receipt of the parties' 13 Joint Status Report. Defendants report that, while the January Joint Chief request search has been completed, the searches for documents responsive to Plaintiff's other requests remain ongoing. The January Joint Chief request is currently being processed, with production estimated to complete within 60 days. As for the other three Air Force requests, Defendants report that the searches will be completed within 60 days, at which point Defendants will be able to propose a processing schedule. The parties are still in communication as to the status of a January OSI request which the Air Force denies having received. Defendants propose deferring a briefing schedule at this time to allow additional time to resolve issues. Plaintiff proposes that the Court set a briefing schedule at this time as the documents have not been produced. In order to avoid piecemeal litigation, the Court will not set a briefing schedule at this time. The Court ORDERS the parties to file another Joint Status Report by AUGUST 7, 2020, and every 30 days thereafter updating the Court on the status of Defendants' response to Plaintiff's requests. If the parties require more immediate attention, they may file a status report between deadlines. Signed by Judge Colleen Kollar-Kotelly on 7/7/2020. (lcckk3) (Entered: 07/07/2020)
2020-07-07Set/Reset Deadlines: Joint Status Report due by 8/7/2020, and every 30 days thereafter updating the Court on the status of Defendants' response to Plaintiff's requests. (dot) (Entered: 07/08/2020)
2020-08-0714Joint STATUS REPORT by DEPARTMENT OF DEFENSE, DEPARTMENT OF THE AIR FORCE. (Simon, Jeremy) (Entered: 08/07/2020)
2020-09-0115NOTICE OF SUBSTITUTION OF COUNSEL by Joseph F. Carilli, Jr on behalf of All Defendants Substituting for attorney Jeremy S. Simon (Carilli, Joseph) (Entered: 09/01/2020)
2020-09-0816Joint STATUS REPORT by DEPARTMENT OF DEFENSE, DEPARTMENT OF THE AIR FORCE. (Carilli, Joseph) (Entered: 09/08/2020)
2020-10-0817Joint STATUS REPORT by DEPARTMENT OF DEFENSE, DEPARTMENT OF THE AIR FORCE. (Carilli, Joseph) (Entered: 10/08/2020)
2020-11-0918Joint STATUS REPORT by DEPARTMENT OF DEFENSE, DEPARTMENT OF THE AIR FORCE. (Carilli, Joseph) (Entered: 11/09/2020)
2020-12-0919Consent MOTION for Extension of Time to File Joint Status Report by DEPARTMENT OF DEFENSE, DEPARTMENT OF THE AIR FORCE (Attachments: # 1 Text of Proposed Order)(Carilli, Joseph) (Entered: 12/09/2020)
2020-12-09MINUTE ORDER. The Court is in receipt of Defendants' 19 Consent Motion for Extension of Time to File Joint Status Report, in which Defendants request a two-day extension to file the Joint Status Report pursuant to the Court's July 7, 2020 Minute Order. Plaintiff consents to Defendants' request. The Court GRANTS Defendants' motion and ORDERS the parties to file a Joint Status Report by no later than DECEMBER 11, 2020. Signed by Judge Colleen Kollar-Kotelly on 12/9/2020. (lcckk3) (Entered: 12/09/2020)
2020-12-09Set/Reset Deadlines: Joint Status Report due by 12/11/2020. (dot) (Entered: 12/10/2020)
2020-12-1120Joint STATUS REPORT by DEPARTMENT OF DEFENSE, DEPARTMENT OF THE AIR FORCE. (Carilli, Joseph) (Entered: 12/11/2020)
2021-01-0821Unopposed MOTION for Extension of Time to File Joint Status Report by DEPARTMENT OF DEFENSE, DEPARTMENT OF THE AIR FORCE (Attachments: # 1 Text of Proposed Order)(Carilli, Joseph) (Entered: 01/08/2021)
2021-01-09MINUTE ORDER. The Court is in receipt of Defendants' 21 Unopposed Motion for Extension of Time to File Joint Status Report. Defendants indicate that they are awaiting an update from the U.S. Air Force regarding the status of its response to Plaintiff's FOIA request. Plaintiff consents to Defendants' motion. The Court GRANTS Defendants' Motion and ORDERS the parties to file a Joint Status Report by no later than JANUARY 12, 2021. Signed by Judge Colleen Kollar-Kotelly on 1/9/21. (lcckk3) (Entered: 01/09/2021)
2021-01-11Set/Reset Deadlines: Joint Status Report due by 1/12/2021. (dot) (Entered: 01/11/2021)
2021-01-1222Joint STATUS REPORT by DEPARTMENT OF DEFENSE, DEPARTMENT OF THE AIR FORCE. (Carilli, Joseph) (Entered: 01/12/2021)
2021-02-0823Joint STATUS REPORT by DEPARTMENT OF DEFENSE, DEPARTMENT OF THE AIR FORCE. (Carilli, Joseph) (Entered: 02/08/2021)
2021-03-1024Joint STATUS REPORT by DEPARTMENT OF DEFENSE, DEPARTMENT OF THE AIR FORCE. (Carilli, Joseph) (Entered: 03/10/2021)
2021-04-0925Joint STATUS REPORT by DEPARTMENT OF DEFENSE, DEPARTMENT OF THE AIR FORCE. (Carilli, Joseph) (Entered: 04/09/2021)
2021-05-1026Joint STATUS REPORT by DEPARTMENT OF DEFENSE, DEPARTMENT OF THE AIR FORCE. (Carilli, Joseph) (Entered: 05/10/2021)
2021-06-0827Joint STATUS REPORT by DEPARTMENT OF DEFENSE, DEPARTMENT OF THE AIR FORCE. (Carilli, Joseph) (Entered: 06/08/2021)
2021-07-0828Joint STATUS REPORT by DEPARTMENT OF DEFENSE, DEPARTMENT OF THE AIR FORCE. (Carilli, Joseph) (Entered: 07/08/2021)
2021-08-0929Joint STATUS REPORT by DEPARTMENT OF DEFENSE, DEPARTMENT OF THE AIR FORCE. (Carilli, Joseph) (Entered: 08/09/2021)
2021-09-0830Joint STATUS REPORT by DEPARTMENT OF DEFENSE, DEPARTMENT OF THE AIR FORCE. (Carilli, Joseph) (Entered: 09/08/2021)
2021-10-01Case directly reassigned to Judge Florence Y. Pan. Judge Colleen Kollar-Kotelly is no longer assigned to the case. (ztnr) (Entered: 10/01/2021)
2021-10-0831Joint STATUS REPORT by DEPARTMENT OF DEFENSE, DEPARTMENT OF THE AIR FORCE. (Carilli, Joseph) (Entered: 10/08/2021)
2021-11-0832Joint STATUS REPORT by DEPARTMENT OF DEFENSE, DEPARTMENT OF THE AIR FORCE. (Carilli, Joseph) (Entered: 11/08/2021)
2021-11-2333NOTICE OF SUBSTITUTION OF COUNSEL by Diana Viggiano Valdivia on behalf of All Defendants Substituting for attorney Joseph Carilli (Valdivia, Diana) (Entered: 11/23/2021)
2021-12-0834Joint STATUS REPORT by DEPARTMENT OF DEFENSE, DEPARTMENT OF THE AIR FORCE. (Valdivia, Diana) (Entered: 12/08/2021)
2022-01-0735Joint STATUS REPORT by DEPARTMENT OF DEFENSE, DEPARTMENT OF THE AIR FORCE. (Valdivia, Diana) (Entered: 01/07/2022)
2022-02-0736Joint STATUS REPORT by DEPARTMENT OF DEFENSE, DEPARTMENT OF THE AIR FORCE. (Valdivia, Diana) (Entered: 02/07/2022)
2022-03-0937Joint STATUS REPORT by KATHRYN SPLETSTOSER. (Gebhardt, Daniel) (Entered: 03/09/2022)
2022-04-0838Joint STATUS REPORT by DEPARTMENT OF DEFENSE, DEPARTMENT OF THE AIR FORCE. (Valdivia, Diana) (Entered: 04/08/2022)
2022-05-0939Joint STATUS REPORT by DEPARTMENT OF DEFENSE, DEPARTMENT OF THE AIR FORCE. (Valdivia, Diana) (Entered: 05/09/2022)
2022-06-0840Joint STATUS REPORT by DEPARTMENT OF DEFENSE, DEPARTMENT OF THE AIR FORCE. (Valdivia, Diana) (Entered: 06/08/2022)
2022-07-0841Joint STATUS REPORT by DEPARTMENT OF DEFENSE, DEPARTMENT OF THE AIR FORCE. (Valdivia, Diana) (Entered: 07/08/2022)
2022-08-0842Joint STATUS REPORT by KATHRYN SPLETSTOSER. (Gebhardt, Daniel) (Entered: 08/08/2022)
2022-09-0843Joint STATUS REPORT by DEPARTMENT OF DEFENSE, DEPARTMENT OF THE AIR FORCE. (Quinn, Thomas) (Entered: 09/08/2022)
2022-09-0844NOTICE OF SUBSTITUTION OF COUNSEL by Thomas Anthony Quinn on behalf of All Defendants Substituting for attorney Diana Viggiano Valdivia (Quinn, Thomas) (Entered: 09/08/2022)
2022-09-23Judge Florence Y. Pan has been elevated to serve on the U.S. Court of Appeals for the D.C. Circuit. She is therefore no longer assigned to this case, and this matter has been reassigned to the Calendar Committee, which will oversee it until it is assigned to another district judge. Any questions should be directed to Judge Pan's former deputy clerk, Samantha Calloway, at 202-354-3163 or samantha_calloway@dcd.uscourts.gov. (ztnr) (Entered: 09/23/2022)
2022-10-0745Joint STATUS REPORT by DEPARTMENT OF DEFENSE, DEPARTMENT OF THE AIR FORCE. (Quinn, Thomas) (Entered: 10/07/2022)
2022-11-0746Joint STATUS REPORT by DEPARTMENT OF DEFENSE, DEPARTMENT OF THE AIR FORCE. (Quinn, Thomas) (Entered: 11/07/2022)
2022-12-0747Joint STATUS REPORT by DEPARTMENT OF DEFENSE, DEPARTMENT OF THE AIR FORCE. (Quinn, Thomas) (Entered: 12/07/2022)
2023-01-1048Joint STATUS REPORT by DEPARTMENT OF DEFENSE, DEPARTMENT OF THE AIR FORCE. (Quinn, Thomas) (Entered: 01/10/2023)
2023-02-1049Joint STATUS REPORT by DEPARTMENT OF DEFENSE, DEPARTMENT OF THE AIR FORCE. (Quinn, Thomas) (Entered: 02/10/2023)
2023-02-24Case directly reassigned to District Judge Ana C. Reyes. Circuit Judge Florence Y Pan is no longer assigned to the case. (ztnr) (Entered: 02/24/2023)
2023-03-1050Joint STATUS REPORT by DEPARTMENT OF DEFENSE, DEPARTMENT OF THE AIR FORCE. (Quinn, Thomas) (Entered: 03/10/2023)
2023-04-1151Joint STATUS REPORT by DEPARTMENT OF DEFENSE, DEPARTMENT OF THE AIR FORCE. (Quinn, Thomas) (Entered: 04/11/2023)
2023-05-1252Joint STATUS REPORT by DEPARTMENT OF DEFENSE, DEPARTMENT OF THE AIR FORCE. (Quinn, Thomas) (Entered: 05/12/2023)
2023-06-1253Joint STATUS REPORT by KATHRYN SPLETSTOSER. (Gebhardt, Daniel) (Entered: 06/12/2023)
2023-07-1254Joint STATUS REPORT by DEPARTMENT OF DEFENSE, DEPARTMENT OF THE AIR FORCE. (Truong, John) (Entered: 07/12/2023)
2023-07-1355NOTICE of Appearance by Michael David Wagner on behalf of All Defendants (Wagner, Michael) (Entered: 07/13/2023)
2023-07-1756STIPULATION of Dismissal by KATHRYN SPLETSTOSER. (Gebhardt, Daniel) (Entered: 07/17/2023)
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