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Case TitlePROJECT ON GOVERNMENT OVERSIGHT v. DEPARTMENT OF DEFENSE
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2020cv03165
Date Filed2020-10-31
Date ClosedOpen
JudgeJudge Trevor N. McFadden
PlaintiffPROJECT ON GOVERNMENT OVERSIGHT
Case DescriptionThe Project on Government Accountability submitted FOIA requests to the Department of Defense for records concerning the criteria the agency uses to determine and calculate the number of military personnel by geographic location recorded in the Defense Manpower Data Center. POGO also requested expedited processing and a fee waiver. The agency denied POGO's request for expedited processing. After hearing nothing further from the agency, POGO filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantDEPARTMENT OF DEFENSE
DefendantDEPARTMENT OF DEFENSE DIRECTORATE FOR FREEDOM OF IMFORMATION AND SECURITY REVIEW
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
Complaint attachment 15
Complaint attachment 16
Complaint attachment 17
Complaint attachment 18
Complaint attachment 19
Complaint attachment 20
Complaint attachment 21
Complaint attachment 22
Complaint attachment 23
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2020-10-311COMPLAINT against DEPARTMENT OF DEFENSE DIRECTORATE FOR FREEDOM OF IMFORMATION AND SECURITY REVIEW ( Filing fee $ 400 receipt number ADCDC-7782652) filed by PROJECT ON GOVERNMENT OVERSIGHT. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I, # 11 Exhibit J, # 12 Exhibit K, # 13 Exhibit L, # 14 Exhibit M, # 15 Exhibit N, # 16 Exhibit O, # 17 Exhibit P, # 18 Exhibit Q, # 19 Exhibit R, # 20 Exhibit S, # 21 Summons DOD, # 22 Summons USAG, # 23 Summons USAO)(Nabatoff, Ross) (Entered: 10/31/2020)
2020-11-02Case Assigned to Judge Trevor N. McFadden. (adh, ) (Entered: 11/02/2020)
2020-11-022STANDING ORDER Establishing Procedures for Cases Before Judge Trevor N. McFadden. The parties are hereby ORDERED to read and comply with the directives in the attached standing order. Signed by Judge Trevor N. McFadden on 11/2/2020. (lctnm2) (Entered: 11/02/2020)
2020-11-033SUMMONS (3) Issued Electronically as to DEPARTMENT OF DEFENSE DIRECTORATE FOR FREEDOM OF IMFORMATION AND SECURITY REVIEW, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(adh, ) (Entered: 11/03/2020)
2020-12-174RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 12/11/2020. Answer due for ALL FEDERAL DEFENDANTS by 1/10/2021. (Nabatoff, Ross) (Entered: 12/17/2020)
2020-12-175RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 12/10/20. (Nabatoff, Ross) (Entered: 12/17/2020)
2020-12-176RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. DEPARTMENT OF DEFENSE served on 12/10/2020 (Nabatoff, Ross) (Entered: 12/17/2020)
2021-01-047Unopposed MOTION for Extension of Time to File Answer re 1 Complaint,, by DEPARTMENT OF DEFENSE (Truong, John) (Entered: 01/04/2021)
2021-01-04MINUTE ORDER granting the Defendant's 7 Unopposed Motion for Extension of Time. The Defendant shall respond to the Plaintiff's 1 Complaint on or before February 9, 2021. SO ORDERED. Signed by Judge Trevor N. McFadden on 1/4/2021. (lctnm2) (Entered: 01/04/2021)
2021-01-04Set/Reset Deadlines: Defendant's response to Plaintiff's Complaint due by 2/9/2021. (hmc) (Entered: 01/04/2021)
2021-02-098ANSWER to Complaint by DEPARTMENT OF DEFENSE.(Truong, John) (Entered: 02/09/2021)
2021-02-10MINUTE ORDER. Before the Court are a complaint and an answer in this FOIA case. It is hereby ORDERED that the parties shall meet and confer and file a Joint Status Report proposing a schedule for proceeding in this matter. The schedule should address, among other things, the status of Plaintiff's FOIA request, the anticipated number of documents responsive to Plaintiff's FOIA request, the anticipated date(s) for release of the documents requested by Plaintiff, whether a motion for an Open America stay is likely in this case, whether a Vaughn index will be required in this case, and a briefing schedule for dispositive motions, if required. The parties shall file the schedule on or before March 3, 2021. Signed by Judge Trevor N. McFadden on 2/10/2021. (lctnm2) (Entered: 02/10/2021)
2021-02-10Set/Reset Deadlines: Joint Status Report due by 3/3/2021. (hmc) (Entered: 02/10/2021)
2021-02-159ENTERED IN ERROR.....RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 2/8/2021. Answer due for ALL FEDERAL DEFENDANTS by 3/10/2021. (Weismann, Anne) Modified on 2/16/2021 (eg). (Entered: 02/15/2021)
2021-02-1510ERRATA by PROJECT ON GOVERNMENT OVERSIGHT re 9 Summons Returned Executed in FOIA as to U.S. Attorney. (Weismann, Anne) (Entered: 02/15/2021)
2021-02-16NOTICE OF CORRECTED DOCKET ENTRY: re 9 Summons Returned Executed in FOIA as to U.S. Attorney, was entered in error per counsel request in Docket Entry 10 . (eg) (Entered: 02/16/2021)
2021-03-0311Joint STATUS REPORT by DEPARTMENT OF DEFENSE. (Truong, John) (Entered: 03/03/2021)
2021-03-03MINUTE ORDER. Upon consideration of the parties' 11 Joint Status Report, it is hereby ORDERED that the parties shall file another Joint Status Report on or before May 3, 2021. If the parties reach a resolution prior to May 3, 2021, they shall promptly inform the Court. SO ORDERED. Signed by Judge Trevor N. McFadden on 3/3/2021. (lctnm2) (Entered: 03/03/2021)
2021-03-04Set/Reset Deadlines: Joint Status Report due by 5/3/2021. (hmc) (Entered: 03/04/2021)
2021-05-0312STIPULATION of Dismissal (Joint) by DEPARTMENT OF DEFENSE. (Truong, John) (Entered: 05/03/2021)
2021-05-03MINUTE ORDER. Upon consideration of the parties' 12 Stipulation of Dismissal, the case is hereby DISMISSED with prejudice, with each party to bear its own fees and costs. See Fed. R. Civ. P. 41(a)(1)(A)(ii). The Clerk of Court is directed to close this case. SO ORDERED. Signed by Judge Trevor N. McFadden on 5/3/2021. (lctnm2) (Entered: 05/03/2021)
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